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HomeMy WebLinkAbout2013-06-26 Planning Commission Meeting PacketsAGENDA ' REGULAR MEETING OF THE PLANNING COMMISSION CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS JUNE 26, 2013 7:00 PM I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MEETING AGENDA IV. APPROVAL OF CONSENT AGENDA I A. Minutes of the regular meeting of the Edina Planning Commission June 12, 2013. 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 some 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. REPORTS AND RECOMMENDATIONS A. Living Streets Policy B. AUAR Update — Pentagon Park C. Zoning Ordinance Update — Residential Development ' VIII CORRESPONDENCE AND PETITIONS • Council Connection • Attendance IX. CHAIR AND COMMISSION MEMBER COMMENTS X. STAFF COMMENTS XI. ADJOURNMENT 9 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 Wednesday July 10, 2013 Living Streets Policy Introduction Living streets balance the needs of motorists, bicyclists, pedestrians and transit riders in ways that promote safety and convenience, enhance community identity, create economic vitality, improve environmental sustainability, and provide meaningful opportunities for active living and better health. The Living Streets Policy defines Edina's vision for Living Streets and the principles and plans that will guide implementation. The Living Street Policy ties directly to key community goals outlined in the City's 2008 Comprehensive Plan. Those goals include safe walking, bicycling and driving, reduced storm water runoff, reduced energy consumption, and promoting health. The Living Streets Policy also compliments voluntary City initiatives such the "do.town" effort related to community health, and the Tree City USA and the Green Step Cities programs related to sustainability. In other cases, the Living Street Policy will assist the City in meeting mandatory requirements set by other agencies. For example, the Living Streets Policy will support the Gty's Storm Water Pollution Prevention Plan which addresses mandates established under the Clean Water Act. The Living Streets Policy provides the framework for a Living Streets Plan. The Living Streets Plan will address how the Policy will be implemented by providing more detailed information on street design, traffic calming, bike facilities, landscaping and lighting, as well as best practices for community engagement during the design process. Lastly, supporting plans such as the Bicycle Plan, Active Routes to Schools, Sidewalk Priority Plan and the Capital Improvement Plan will help to identify which projects are priorities with respect to this Policy. Living Streets Vision Edina is a place where... • Transportation utilizing all modes is equally safe and accessible; • Residents and families regularly choose to walk or bike; • Streets enhance neighborhood character and community identity; • Streets are inviting places that encourage human interaction and physical activity; • Public policy strives to promote sustainability through balanced infrastructure investments; • Environmental stewardship and reduced- energy consumption are pursued in public and private sectors alike; and • Streets support vibrant commerce and add to the value of adjacent land uses. Living Streets Principles The following principles will guide implementation of the Living Streets Policy. The City will incorporate these principles when planning for and designing the local transportation network and when making land use decisions. All Users and All Modes The City will plan, design, and build high quality transportation facilities that meet the needs of the most vulnerable users (pedestrians, cyclists, children, elderly, and disabled) while enhancing safety and convenience for all users, and providing access and mobility for all modes. Connectivity • The City will design, operate, and maintain a transportation system that provides a highly connected network of streets that accommodate all modes of travel. • The City will seek opportunities to overcome barriers to active transportation. This includes preserving and repurposing existing rights-of-way, and adding new rights-of-way to enhance connectivity for pedestrians, bicyclists, and transit. • The City will prioritize non -motorized improvements to key destinations such as public buildings, public transit, the regional transportation network and commercial areas. • The City will require new developments to provide interconnected street and sidewalk networks that connect to existing or planned streets or sidewalks on the perimeter of the development. • Projects will Include consideration of the logical termini by mode. For example, the logical termini for a bike lane or sidewalk may extend beyond the traditional limits of a street construction or reconstruction project, in order to ensure multimodal connectivity and continuity. Application • The City will apply this Living Streets Policy to all street projects including those involving operations, maintenance, new construction, reconstruction, retrofits, repaving, rehabilitation, or changes in the allocation of pavement space on an existing roadway. This also includes privately built roads, sidewalks, paths and trails. • The City will act as an advocate for Living Street principles when a local transportation or land use decision is under the jurisdiction of another agency. • Living Streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time.. • The City will draw on all sources of transportation funding to implement this Policy and actively pursue grants, cost sharing opportunities and other new or special funding sources as applicable. • All City departments will support the vision and principles outlined in the Policy in their work. Exceptions Living Streets principles will be included in all street construction, reconstruction, repaving, and rehabilitation projects, except under one or more of the conditions listed below. City staff will document proposed exceptions as part of the project proposal. Exceptions: • A project involves only ordinary maintenance activities designed to keep assets in serviceable condition, such as mowing, cleaning, sweeping, spot repair, concrete joint repair, or pothole filling, or when interim measures are implemented on a temporary detour. Such maintenance activities, however, shall consider and meet the needs of bicyclists and pedestrians. • The City exempts a project due to an excessively disproportionate cost of establishing a bikeway, walkway, or transit enhancement as part of a project. The City determines that the construction is not practically feasible or cost effective because of significant or adverse environmental impacts to waterways, flood plains, remnants or native vegetation, wetlands, or other critical areas. Desien The City will develop and adopt guidelines as part of the Living Streets Plan to direct the planning, funding, design, construction, operation, and maintenance of new and modified streets, sidewalks, paths and trails. The guidelines will allow for context -sensitive designs. The City's design guidelines will: • Keep street pavement widths to the minimum necessary. • Provide well-designed pedestrian accommodation in the form of sidewalks or shared -use pathways on all arterial and collector streets and on local connector streets as determined by context. Sidewalks shall also be required where streets abut a public school, public building, community playfield or neighborhood park. Termini will be determined by context. • Provide frequent, convenient and safe street crossings. These may be at intersections designed to be pedestrian friendly, or at mid -block locations where needed and appropriate. • Provide bicycle accommodation on all primary bike routes. • Allocate right-of-way for boulevards. • Allocate right-of-way for parking only when necessary and not in conflict with Living Streets The design guidelines in the Living Streets Plan will be incorporated into other City plans, manuals, rules, regulations, and programs as appropriate. As new and better practices evolve, the City will update the Living Streets Plan. Context Sensitivity Although many streets look more or less the same, every street is a unique combination of its neighborhood, adjacent land uses, natural features, street design, users, and modes. To accommodate these differences, the City will: • Seek input from stakeholders; • Design streets with a strong sense of place; • Be mindful of preserving and protecting natural features, such as waterways, trees, slopes, and ravines; • Be mindful of existing land uses and neighborhood character; and • Coordinate with business and property owners along commercial corridors to develop vibrant commercial districts. Benchmarks and Performance Measures The City will monitor and measure its performance relative to this Policy. Benchmarks demonstrating success include: • Every street and neighborhood is comfortable place for walking and bicycling; • Every child can walk or bike to school safely; • Seniors, children, and disabled people can cross all streets safely and comfortably; • An active way of life is available to all; • There are zero traffic fatalities or serious injuries; • No unfiltered street water flows into local waterways; storm water volume is reduced; and • Retail streets stay or become popular regional destinations. The City will draw on the following data to measure performance. Additional performance measures may be added as this Policy is implemented. • Number of crashes or transportation -related injuries reported to the Police Department. • Number and type of traffic safety complaints or requests. • Resident responses to transportation related questions in resident surveys. • Resident responses to post -project surveys. • The number of trips by walking, bicycling and transit (if applicable) as measured before and after the project. • Envision ratings from the Institute for Sustainable Infrastructure. • Speed statistics of vehicles on local streets. Implementation The goal of this Policy is to define and guide the implementation of Living Streets principles on every street in Edina, as applicable. Several steps still need to be taken to reach this goal. The first step will be to develop a Living Streets Plan to guide the implementation of the Policy. The Plan will: • Identify and implement standards or guidelines for street and intersection design, universal pedestrian access, transit accommodations, and pedestrian crossings; • Identify and implement standards or guidelines for streetscape ecosystems, including street water management, urban forestry, street furniture, and utilities; • Identify regulatory demands and their relationship to this Policy (ADA/PROWAG, MPCA, MNMUTCD, MnDOT state aid, watershed districts); • Define the process by which residents participate in street design and request Living Streets improvements; and • Define standards for bicycle and pedestrian connectivity to ensure access to key public, private and regional destinations. Additional implementation steps include: 4 • Communicate this Policy to residents and other stakeholders; educate and engage on an ongoing basis; • Update City ordinances, engineering standards, policies and guidelines to agree with this Policy; • Inventory building and zoning codes to bring these into agreement with Living Streets principles as established by this Policy; • Update and document maintenance policies and practices to support Policy goals; • Update and document enforcement policies and practices to ensure safe streets for all modes; • Incorporate Living Streets concepts in the next circulation of the City's general plans (Comprehensive Plan, Bicycle Plan, Safe Routes to School Plan, etc.); • Incorporate Living Streets as a criteria when evaluating transportation priorities in the Capital Improvement Plan (CIP); • Review and update funding policies to ensure funding sources for Living Streets projects; and • Coordinate with partner jurisdictions to achieve goals in this Policy. City Hall * Phone 952-927-8861 Fax 952-826-0389 - www.CityofEdina.com Date: June 26, 2013 To: Planning Commission From: Cary Teague, Community Development Director Re: AUAR, Alternative Urban Areawide Review — Update Introduction/Background: MEMO As part of a rezoning of the Pentagon Park Area to MDD-6, Mixed Use Development, an AUAR, Environmental Study was completed in 2007, to examine impacts of the proposed development, and development scenarios beyond the densities suggested by the development. The proposed development at that time was to tear down the buildings on the Pentagon Tower and Pentagon Quads site and build the following. ➢ 634 senior housing units ➢ An 80,000 square foot hotel ➢ Two office towers that would total 737,000 square feet, and two above ground parking structures. The Pentagon Tower and Quad sites contain 660,500 square feet of office space today. Included in the project area were Burgundy Place, Walsh Title and 7600 Parklawn office building. The project area is shown on Figure 3 within in the attached AUAR Update. The proposed project was never developed; and the property ownership has since changed to Hillcrest Development. Since no development has occurred, for the Environmental Study to remain valid, it must be updated. An AUAR allows the flexibility to examine different development scenarios, including what would be allowed under the current zoning and comprehensive plan; and other development scenarios, including, what the developer is considering. An AUAR enables cities to evaluate how much development can be accommodated in an area without significant environmental impacts. City of Edina - 4801 W. W St - Edina, MN 55424 MEMO An AUAR does not replace or overrule any of the normal Comprehensive Plan or zoning ordinance required hearings, project review, or other city approvals. It simply is a vehicle for identifying and evaluating any and all potential project environmental impacts prior to an official development application. WSB & Associates have been hired by the City, at the expense of the landowner, to update the AUAR. WSB conducted the full AUAR in 2007. Andi Moffrt, from WSB will be at the Planning Commission meeting to present the update to the Planning Commission. Attached is the AUAR Update. Recommendation: The planning commission is asked to review the updated AUAR and provide comments to the City Council before they authorize distribution of the AUAR Update for agency comment. The goal is to have the City Council adopt the AUAR Update in August. Any further development proposals in the area would then go through the normal "Planning" process. City of Edina • 4801 W. 50th Sc • Edina, MN 55424 FINAL ALTERNATIVE URBAN AREAWIDE REVIEW UPDATE GATEWAY STUDY AREA - UPDATE FOR THE CITY OF EDINA, MINNESOTA Original AUAR: September 2007 Update 1: June 2013 Prepared By: WSB & Associates, Inc. City of Edina 701 Xenia Avenue - Suite 300 4801 West 50th Street Minneapolis, MN 55416 Edina, MN 55424 763-541-4800 952-826-0460 Final Alternative Urban Areawide Review Update Gateway Study Area City of Edina, MN WSB Project No. 1686-37 TABLE OF CONTENTS TITLE SHEET TABLE OF CONTENTS I. Introduction and Purpose........................................................................................I II. Approved Development/Current Conditions.......................................................2 III. Areas Remaining to be Developed..........................................................................2 IV. Update to the Environmental Review....................................................................2 V. Mitigation Summary and Update...............................................................................7 VI. AUAR Update Review...............................................................................................14 List of Figures Figure 1 Location Map Figure 2 USGS Location Map Figure 3 Aerial Photo Figure 4-1 Scenario 1 Figure 4-2 Scenario 2 Figure 4-3 Scenario 3 Figure 4-4 Scenario 4 Figure 5 Adjacent Developments Appendix A - Figures Appendix B - Agency Correspondence Final Alternative Urban Areawide Review Update Gateway Study Area City of Edina, MN LYSE Project No. 1686-3 7 I. Introduction and Purpose The Gateway Study Area (Study Area) is approximately 135 acres. The Study Area is bounded by Minnesota Trunk Highway 100 (TH 100) on the west; France Avenue on the east; 76th Street West and Fred Richards Golf Course on the north; and Edina's border with Bloomington on the south. The area is shown on Figures 1, 2, and 3. The Study Area currently contains a mixture of light industrial/warehouse, commercial, office and residential uses. There is a total of 1,904,000 gross square feet (gsf) of these uses in the existing conditions. The City of Edina adopted the Final AUAR on November 5, 2007. Pursuant to Minnesota Rules 4410.3610 Subp. 7, for the AUAR to remain valid as the environmental review document for the area, the document needs to be updated every five years until all development in the study area has received final approval. Since redevelopment has not occurred in the study area and the AUAR expired in November 2012, the purpose of this document is to update the AUAR pursuant to Minnesota Rules. The 2007 AUAR included an analysis of the following development scenarios (Figure 4-1 to 4-4): Scenario 1- Comprehensive Plan Scenario 2 - Master Plan Scenario Scenario 3 - Maximum Commercial Build Scenario Scenario 4 - Maximum Residential Scenario Table 1: Summary of Redevelopment Scenarios In 2008, the City updated their Comprehensive Plan. However, Scenario 1 is still consistent with the Comprehensive Plan. This AUAR Update serves as an update of the 2007 AUAR, and includes a review of the areas that have and have not developed, an update to the environmental analysis as needed, and a review of the mitigation measures. The original 2007 AUAR is available Final Alternative Urban Areawide Review Update Page 1 Gateway Study Area City oj8dina, MN WSB Project No. 1686-37 June 2013 Existing Scenario 1: Scenario 2: Scenario 3: Scenario 4: Conditions Comprehensive Master Plan Maximum Maximum Plan Commercial Residential Office 1,546,000 1,862,000 3,261,000 1,094,000 Commercial / 15,000 174,000 15,000 15,000 Retail Hotel 1,873,000 Office & Light 1,296,000 1,296,000 1,296,000 1,296,000 Industrial Mix Residential 31,000 31,000 914,000 31,000 1,581,000 TOTAL: 1,904,000 2,888,000 4,246,000 4,603,000 3,986,000 In 2008, the City updated their Comprehensive Plan. However, Scenario 1 is still consistent with the Comprehensive Plan. This AUAR Update serves as an update of the 2007 AUAR, and includes a review of the areas that have and have not developed, an update to the environmental analysis as needed, and a review of the mitigation measures. The original 2007 AUAR is available Final Alternative Urban Areawide Review Update Page 1 Gateway Study Area City oj8dina, MN WSB Project No. 1686-37 June 2013 for review on the City's web -site at http://edinamn gov/index phl2?section=community-development-1lannin-g. II. Approved Development/Current Conditions No redevelopment has occurred within the study area. Figure 3 shows the aerial photo for the site. In 2008, the City updated their Comprehensive Plan. However, Scenario 1 is still consistent with the Comprehensive Plan. III. Areas Remaining to be Developed No redevelopment has occurred within the study area. The initial potential redevelopment that triggered the initial AUAR in 2007 did not come to fruition. Recently, there has been renewed interest in redevelopment of the area. The redevelopment plans are within or below the densities analyzed in the AUAR. Timeline: The 2007 AUAR anticipated redevelopment of the Pentagon Towers and Pentagon Quad areas (approximately 39 acres) to begin in 2008 and be completed within 5-7 years. The remaining 96 acres did not have a specific timeline for redevelopment. This redevelopment has not occurred. The current estimate for redevelopment timeline for the area is 5-10 years. IV. Update to the Environmental Review Wildlife: The DNR Natural Heritage Database was reviewed to provide an update for any threatened and endangered species. This review and DNR correspondence is included in Appendix B. There are no new incidents of rare or endangered species within the study area. Contamination and Past Land Use: Public MPCA database information was reviewed to update this section of the AUAR to identify verified or potential hazardous substances and petroleum release sites associated with the project area or surrounding area. The following databases were reviewed as part of this investigation:` • MPCA "What's in My Neighborhood?" website search • MPCA Storage Tank Leak site website search Twenty-nine database listings were identified for the project area. Some of the identified sites were listed on more than one database and the majority of the listings were for small quantity hazardous waste generator (15) and tank sites (7). Inclusions on these databases do not directly indicate an environmental hazard and no spills or mishandling of hazardous waste was identified during the review. However, the following database listings for the project area were determined to directly indicate historic or current environmental contamination: Final Alternative Urban Areawide Review Update Page 2 Gateway Study Area City of Edina, MN WSB Project No. 1686-37 June 2013 Leaking Underground Storage Tank (LUST) Sites • MPCA Leak #4105 - Pentagon Office Park located at 4930 West 77th Street, Edina, MN 55435. This site has been issued site closure by the MPCA. Site closure indicates that the contamination, if present, has been investigated and determined to not pose a threat to human health or the environment. Note: site closure does not indicate that the site is free of contamination. • MPCA Leak #627 - Pentagon Office Park located at West 77th Street, Edina, MN 55435. This site has been issued site closure by the MPCA. • MPCA Leak # 617 - Roberts Automatic Products located at 4451 West 76th Street, Edina, MN 55435. This site has been issued site closure by the MPCA. Voluntary Investigation and Cleanup (VIC) Sites • MPCA VIC #28660 - Hillcrest Development located at 4530, 4540, 4550, 4570, 4600, 4640, and 4660 West 77th Street, Edina, MN 55435. • MPCA VIC #29410 - Hillcrest Development located at 4510, 4815, and 4901 West 77th Street and 7600 Parklawn Avenue, Edina, MN 55435. • MPCA VIC #2890 - Parklawn located at 7625 Parklawn Avenue, Edina, MN,\ 55435. • MPCA VIC #13540 - National Rental Car located at 7700 France Avenue, Edina, MN 55435. Petroleum Brownfields Sites • MPCA PB #4182 - Hillcrest Development located at 4S30,4540, 4550, 4570, 4600, 4640, and 4660 West 77th Street, Edina, MN 55435 (also a VIC site). • MPCA PB #4239 - Hillcrest Development located at 4510, 4815, and 4901 West 771h Street and 7600 Parklawn Avenue, Edina, MN 55435 (also a VIC site). Wastewater System: The AUAR analyzed the wastewater system in the area, including the Metropolitan Council's interceptor, BN -499. Since the 2007 AUAR, a wastewater project was completed in the area. Asa result of the AUAR and potential re -development anticipated within the study area, the City of Bloomington, in conjunction with Met Council, upgraded Lift Station 10 (MCES L-55) to a near-term capacity of 1.8 million gallons per day (mgd). Project improvements also involved constructing a new 16 -inch forcemain to replace the existing 12 -inch forcemain in West 84th Street in Bloomington providing a long-term capacity in the forcemain of 4.8 mgd. Inter -community flows from Edina have been -redirected to the new forcemain, essentially bypassing the gravity portions of MCES Interceptor BN -499 to provide additional capacity for re -development in Bloomington. Water Supply System: No changes to the water supply system have occurred in the area. Final Alternative Urban Areawide Review Update' Page 3 Gateway Study Area City ofEdina, NN WSB Project No, 1686-37 June 2013 Storm Water Management: The Nine Mile Creek Watershed District adopted updated rules in 2008. Based on these rules, if a redevelopment project disturbs more than 50 percent of the existing impervious surface on the parcel (or increases the imperviousness of the entire parcel by more than 50 percent), retention of one inch of runoff from all the impervious surface will need to be provided. Also, peak flow runoff rates cannot exceed the existing conditions for the 2 -year, 10 -year, and 100 -year storm events and the runoff from a 2.5 -inch storm event from the parcel will need to be treated to remove at least 60% of the phosphorus and 90% of the total suspended solids. Additionally, Edina Lake, which is north of the project area, was added to the impaired waters list in 2008. Edina Lake is impaired for nutrients/eutrophication. No TMDL study has been completed to date. Transportation: The AUAR completed in 2007 analyzed the impacts of the four development scenarios for the years 2014 and 2030. The analysis for both years assumed a 1% per year growth in general background traffic, the approved development in the Cities of Bloomington and Edina (see Cumulative Impacts) and the proposed Gateway Development traffic. Updated traffic counts were conducted the week of April 1, 2013 at selected intersection and roadway segments on 77th Avenue. The updated traffic counts were then compared to those assumed in the 2007 AUAR to determine if the analysis and recommended mitigation measures were still valid. The peak hour traffic counts ranged from 5% to 15% less than those counted for the base year in the AUAR in 2007. In addition, the 2013 counts were 65% to 75% less than the 2014 Scenario 1 condition, which had the smallest associated trip generation. The Average Daily Traffic (ADT) counts used as a baseline in the AUAR were from the 2005 MnDOT State Aid counts. In 2009 these counts were updated and in general, these counts were at or slightly lower than those in 2005. The 2013 ADT counts compared to the 2009 ADT counts showed a slight increase (10%) on the section of 77th Street from TH 100 to Parklawn Avenue. Based on the facts that 1) no Gateway Development has occurred in the area, and 2) the majority of the additional development has been in Bloomington and Edina and their traffic generation included in the new 2013 traffic counts, and 3) the area traffic levels have not changed significantly from those assumed in the AUAR for the baseline conditions (see Cumulative Impacts), it can be concluded that the future year analysis and recommended mitigation is still valid. Cumulative Impacts: The Study Area and its surroundings are within a first -ring suburb of Minneapolis that is generally fully developed. Cumulative impacts will generally be driven by either individual parcel redevelopment or area -wide redevelopment. To analyze cumulative impacts for the Study Area, the information Final Alternative Urban Areawide Review Update Page 4 Gateway Study Area City ofEdina, MN WSB Project No. 1686-37 June 2013 from the 2007 AUAR was updated to reflect known or approved redevelopment projects within or near the TH 100 and I-494 area. Table 2 summarizes the known redevelopment plans and updates the 2007 AUAR in the area and Figure 5 shows the location of these projects. Table 2. Summary of Adjacent Redevelopment Proposals Duke -Weeks Realty Limited Phase 1 and 2 completed Phase 3 to add an additional 312,000 sq. ft. of office in Partnership the future Norman Pointe Walser Real Estate 11, LLC 50,000 sq. ft. car dealership project completed. Addition of 112,000 ftz of medical office space completed Ryan Companies I phase 1 and 2 completed. Phase 3 to add an additional 250,000 sq. ff of office in US, Inc. the future. (Marlcetpoint) Hilton Hotel 1 256 room hotel and adjoining restaurant completed PInvestments, andale 122 space parking ramp to meet demand for existing offices completed LLC Bloomington Properties 285,000 square foot office building at 8200 Norman Center Drive completed Covington 1250 Apartment units - Approved, under construction. Apartments 8100 Office Tower 1255,000 ftz of office - Future Hotel 1 100 Rooms - Future Luxembourg 282 Apartment units - Approved, under construction Apartments OAT10ff ce/Data 100,000 ftz of office - Future Center Venture Bank 37,000 ftz of office - Completed 2009 Office Final Alternative Urban Areawide Revieiv Update Page 5 Gateivay Study Area City of Edina, MN WSB Project No. 1686-37 June 2013 Final Alternative Urban Areawide Review Update Page 6 Gatewqy Study Area City of Edina, MN WSB Project No. 1686-37 June 2013 Hotel 257 Rooms - Future Norman Pointe 111 312,000 ftz Office - Future Office Tower Marketpoint111 250,000 ftz Office- Future Office Tower 6500 France 209 Unit Senior Housing / Skilled Care - In review process Avenue Redevelopment of 40,000 ftz of a movie theater to 86,000 ftz of retail Cypress Properties development. (Not Yet Completed) Approved increase of retail space from 154,000 ftz to 196,500 ftz by 2008. Target (Completed) Approved construction of an 18 story building with 79 condominiums, a 225 Westin room hotel, and 7,000 ftz restaurant (Completed) York Place Approved construction of 49,000 ftz of retail space and 86 senior apartments. Development Replaces 52,750 ftz of office space. (Development Completed as CVS) TE Miller Development 07380 Net increase of 2,000 gsf of office space (Completed) France Office) Edina 6996 France 3,000 ftz Retail and 5,000 ftz Office - Completed Avenue Centennial Lakes 2,000 ft2 Coffee Shop - Approved under construction Coffee Shop Fairview Southdale 30,000 ft;! Emergency Room expansion - In review process Expansion Southdale 232 Units - Approved under construction Residential Whole Foods 32,000 ftz Whole Food Grocery store - Completed YMCA 21,000 ftz Expansion - Completed Final Alternative Urban Areawide Review Update Page 6 Gatewqy Study Area City of Edina, MN WSB Project No. 1686-37 June 2013 V. Mitigation Summary and Update Many of the mitigation measures outlined in the 2007 AUAR still remain valid. The updated mitigation measures are outlined below and either remain in effect from the 2007 AUAR or have been updated based on new analysis as noted. A. Land Use Compatibility and Permitting Al. The proposed change in land use of Scenarios 2, 3, and 4 at the Pentagon Towers and Pentagon Quads site will require a Comprehensive Plan Amendment. A2. Any redevelopment will be required to meet Edina zoning requirements. A3. Any project proposers will be required to obtain any necessary approvals and permits. A4. If components of a proposed project exceed Edina City Code requirements, variances from the City's requirement will need to be applied for by the developer. The City will review these variance requests and make a determination as to the approval or denial of the project as part of the review process. A project proposer could also seek to amend the City Code. This request would also be reviewed by the City. B. Geologic Hazards, Erosion Control, and Hazardous Material B1. Prior to demolition an asbestos survey shall be completed by a project proposer. At the time of demolition, any necessary asbestos abatement will need to be completed by the project proposer in compliance with MPCA requirements. B2. The management, containment, and cleanup of any spills that may occur within the Study Area during construction will be addressed by the permit holders of the MPCA NPDES/SDS Storm Water Construction Permit and its accompanying Storm Water Pollution Prevention Plan preparation. B3. If a neighborhood convenience store and gas station is proposed, the project proposer will be required to adhere to State regulations for containment of underground petroleum tanks and an annual license would be needed. B4. The Storm Water Pollution Prevention Plan (SWPPP), including temporary and permanent seeding and staging plans, will be required to be submitted by each proj ect proposer and reviewed by Edina. B5. The project proposer will need to develop an erosion control plan and submit this plan to the Nine Mile Creek Watershed District for review and approval. Final Alternative Urban Areawide Review Update Page 7 Gateway Study Area City of Edina, MN WSB Project No. 1686-37 June 2013 B6. During construction, the project proposer and their contractor will implement Best Management Practices as needed to prevent erosion and sedimentation of downstream water resources. B7. Edina will develop a SWPPP and obtain an NPDES permit for the construction of any public infrastructure improvements (sanitary sewer, storm sewer, water main) that disturb one acre of land or more. B8. Edina will conduct erosion control inspections during construction. B9. Project proposers will make environmental hazard investigation documents, such as Phase I Environmental Assessments, available to Edina. B10. Project proposers will be required to remediate any contaminated soils encountered in conformance with MPCA regulations. B11. Project proposers will be required to remove and properly dispose of trash and debris located within a project site, including all demolition materials that may include asbestos. B12. Municipal waste hauler companies will make residential and commercial recycling programs available to the Study Area. General municipal waste will be removed by these waste hauler companies. B13. The NPDES Construction Site permit requires a site specific SWPPP to be completed for the construction by the project proposer. This SWPPP is required to include pollution prevention management measures for solid waste and hazardous material spills that occur during construction. B14. Mitigation includes conformance with the Edina spill response plan. Spills will be reported to the fire chief and/or applicable City Staff. The fire chief and/or applicable City Staff will in turn notify any other appropriate officials depending on the nature of the spill. B15. Project proposers will be required to develop a temporary dewatering plan for construction activities, review this plan with Edina and Nine Mile Creek Watershed District for approval, and conform to the dewatering requirements of the Department of Natural Resources (DNR) and NPDES Construction permit. B16. If a redevelopment project involves permanent dewatering for underground facilities, a detailed dewatering plan is required to be developed by the project proposer. This plan would include anticipated dewatering amounts, direction of discharge, analysis of impact on adjacent ponds and downstream receiving waters, and impact on the organic material within the Study Area for the Final Alternative Urban Areawide Review Update Page 8 Gatewgy Study Area City of Edin a, MN WSB Project No. 1686-37 June 2013 potential for subsidence. The plan will need to be submitted to Edina, Nine Mile Creek Watershed District, and DNR for review and/or approval. C. Fish, Wildlife, Wetlands, and Ecologically Sensitive Resources C1. Buildings to be removed as part of redevelopment will be field checked by the project proposer to determine if there are nesting Peregrine Falcons on the structure. If falcons are noted nesting on the structure, the site cannot be disturbed until the juvenile birds have fledged and left the nest. C2. The project proposer will be required to delineate wetlands within their project boundaries, if any, and review these delineations with the Nine Mile Creek Watershed District and Edina to determine jurisdictional status. The Nine Mile Creek Watershed District is the Local Government Unit for the Wetland Conservation Act and will review and verify any wetland delineations. C3. If wetland impact is proposed, the project proposer will be required to minimize impact to the maximum extent possible and mitigate for any unavoidable impacts in conformance with the Wetland Conservation Act. D. Municipal Water Use and Service D1. Edina will work with Bloomington to determine the needs for water system capacity improvements, water main upgrades, and future service to the Gateway Study Area. D2. In conjunction with their Comprehensive Plan update, Edina will complete an update to the 2002 Water Distribution System Analysis for the entire city to determine what current and future water system improvements may be necessary to continue to serve the City's water needs and maintain a water system firm capacity above the maximum daily water use within the City. D3. As redevelopment occurs, Edina will complete an analysis of the water mains within the Study Area to determine if performing water main replacement is necessary and if it should occur in conjunction with other potential infrastructure improvements, such as sanitary sewer, storm sewer, and transportation improvements. D4. Any abandoned wells found within the Study Area will be sealed in accordance with Minnesota Department of Health guidelines. This will be the responsibility of the project proposer. D5. In accordance with Edina's Wellhead Protection Plan, continued protection of the existing Drinking Water Supply Management Areas located within the Study Area will be required for redevelopment projects. Final Alternative Urban Areawide Review Update page 9 Gateway Study Area City of Edina, MN WSB Project No. 1686.37 June 2013 D6. There is potential for areas that redevelop within the Bloomington service area to request to be served by Edina. If this occurs, additional analysis and water main improvements will need to be completed by Edina in coordination with Bloomington. D7. Individual redevelopment may require the installation of service pumps to serve multi -story buildings and to provide adequate fire protection. The size and type of pumps will vary based on individual building characteristics, should meet the existing local building and fire protection codes, and will be the responsibility of the developer. E. Water Quality and Quantity E1. Redevelopment projects will be required to be designed to meet the policies of the most current Edina Comprehensive Storm Water Management Plan. E2. Redevelopment projects will be required to be designed to meet the policies of the most current Nine Mile Creek Watershed District requirements. E3. Redevelopment within the Study Area will be required to limit peak runoff rates to at least existing conditions and reduce the runoff volume so as not to negatively impact the existing storm sewer system. E4. Redevelopment needs to reduce the amount of impervious surface within the project limits or develop a site specific storm water management plan that shows that the project will not impact downstream pollutant or volume loading. ES. If warranted by Edina's Nondegradation Plan, project proposers will need to include storm water management strategies that reduce the total suspended solid loadings, total phosphorous pollutant loadings, and storm water runoff volumes from the Study Area. E6. Any redevelopment project that disturbs more than one acre of land is required to develop a SWPPP and obtain an NPDES permit from the MPCA. E7. Edina and project proposer(s) will investigate the expansion of the existing ponding areas within the Fred Richards Golf Course to provide additional storage and treatment as outlined in Edina's Water Resource Management Plan. E8. The Cities of Edina and Bloomington will petition the Nine Mile Creek Watershed District to expand the South Pond (SPA pond to provide additional storm water treatment for the area. E9. As Total Maximum Daily Load (TMDL) studies are completed for Nine Mile Creek, the results of these studies will be reviewed by Edina. Redevelopment in Final Alternative Urban Areawide Review Update Page 10 Gateway Study Area City of Edina, MN WSB Project No. 16B6-37 June 2013 the Study Area will be required to meet any mitigation and pollutant load reductions that may be outlined within the TMDL studies. Update: This mitigation measure also applies to Edina Lake. E10. The project proposer will review and determine which Low Impact Development (LID) practices are feasible to be used for each parcel. Edina will review the LID techniques and encourage their use to the greatest extent possible. E11. A maintenance plan is required to be reviewed and approved by the Nine Mile Creek Watershed District for privately constructed and maintained storm water management facilities. R Wastewater Mitigation Plan F1. Any redevelopment activities that may increase the total sanitary sewer flows within Service Area A beyond threshold limits for peak capacity will require upgraded facilities within the Gateway Study Area (Computer Avenue sanitary sewer) and Bloomington (MCES Bloomington Lift Station No. 10) to accommodate increased flows. Update: Bloomington Lift Station No. 10 is also denoted at MCES Lift Station L- 55. In 2011, the pumps in the existing lift station were upgraded to provide a near-term peak capacity of 1.8 million gallons per day (mgd). Future increases in flow for re -development will need to be evaluated as the final lift station site is proposed to be relocated with the proposed future realignment of I-494. F2. Edina, Bloomington, and Metropolitan Council Environmental Services will continue discussions and analysis regarding proposed capacity upgrades to Bloomington Lift Station No. 10 and the MCES BN -499 Interceptor along West 84th Street in Bloomington. Update: Capacity to L-55 (Bloomington LS 10 was increased to a peak flow of 1.8 MDG as previously discussed. Also in 2011,The MCES BN -499 interceptor was replaced with a 16 -inch forcemain from L-55 southerly and westerly along W. 841h Street to a gravity sewer approximately 600 feet west of France Avenue. The forcemain was designed to carry peak flows for the proposed redevelopment area. F3. Edina will complete its update to their Comprehensive Sanitary Sewer Plan. F4. Edina will upgrade Lift Station No. 22. Final Alternative Urban Areawide Review Update Page 11 Gateway Study Area City of Edina, MN WSB Project No. 1686-37 June 2013 F5. In conjunction with redevelopment activities, Edina will determine the condition of the existing sanitary sewer pipe within the Gateway Study Area to determine if repairs or replacement is necessary based on in-place pipe condition and infiltration potential. G. Traffic and Transportation G1. Scenarios 1 and 4 The following mitigation strategies are needed for Scenario 1 and 4 to accommodate future full development traffic projections: Intersection: France Avenue / West 76th Street Improvement: Extend one southbound thru lane on France Avenue to create a total of four thru lanes Intersection: France Avenue / West 78th Street Improvement: Eastbound dual right turn lanes on West 781h Street Southbound lanes approaching the I-494 ramps restriped to provide exclusive lanes to both westbound I-494 and eastbound I-494. The right lane will drop at the westbound I-494 ramp providing an exclusive ramp lane. The second lane will also be an exclusive lane leading to I- 494 eastbound, reducing the weaving and stacking of vehicles that occur today. The County has expressed interest in participation. Intersection: Edina Industrial Boulevard / West 78th Street Improvement: Eastbound dual left turn lanes on West 78th Street Intersection: Edina Industrial Boulevard / Metro Boulevard Improvement: Add southbound right turn lane on Metro Boulevard, restriping the existing two southbound lanes to accommodate an exclusive left turn lane, and a thru/left lane, providing dual left turn lanes. Add 300 foot eastbound left turn lane on Edina Industrial Boulevard Intersection: Improvement: Final Alternative Urban Areawide Review Update Gateway Study Area City of Edina, MN WSB Project No. 1686-37 June 2013 Northbound TH 100 / West 77th Street Add 150 foot northbound right turn lane on Frontage Road Westbound dual right turn lanes on West 77th Street Page 12 G2. Scenario 2 Scenario 2 will require all the improvements listed above in addition to the following: Intersection: Minnesota Drive / France Avenue Improvement: Dual westbound left turn lanes on Minnesota Drive Eastbound dual left turn lanes on Minnesota Drive Intersection: Northbound TH 100 / West 77th Street Improvement: Add 150 foot eastbound right turn lane on West 77th Street Intersection: Computer Avenue / West 77th Street Improvement: Northbound dual left turn lanes on Computer Avenue Intersection: Minnesota Drive / West 77th Street / Johnson Avenue Improvement: Southbound dual left turn lanes on West 77th Street G3. Scenario 3 Scenario 3 will require all the above improvements listed under Scenarios 1, 2, and 4 in addition to the following: Intersection: Minnesota Drive / France Avenue Improvement: Eastbound dual right turn lanes on Minnesota Drive Intersection: France Avenue / West 78th Street Improvement: Westbound dual right turn lanes on West 78th Street Interchange: TH 100 / West 77th Street Improvement: Six -lane section from Metro Boulevard to Computer Avenue Dual left turn turns at both TH 100 Ramps (Hence an eight - lane bridge) G4. General The mitigation measures discussion above (G1- G3) are needed to address full build -out of the site and surrounding area. Specific mitigation measures required for proposed development plans will be established through traffic and transportation studies required for each development proposal. These proposals will need to document compliance within the AUAR and mitigation plan. G5. Transit/Non-Motorized Transportation As redevelopment occurs in the Study Area, consideration of site-specific improvements needs to be included as developments are proposed. These Final Alternative Urban Areawide Review Update Page 13 Gateway Study Area Oty of Edina, MN WSB Project No. 1686.37 June 2013 would include upgrading the existing transit facilities, including bus shelters, to become ADA compliant and improving the sidewalk and/or path connections in and around each redevelopment. H. Odor, Noise, and Dust H1. During construction activities, the project proposer and contractor shall observe all dust control Best Management Practices for fugitive dust. H2. Edina will limit construction activities and any other activities that produce noise audible outside the perimeter of a property to between 7:OOAM to 9:OOPM Monday through Friday and between 8:OOAM and 7:OOPM on Saturday, Sunday, and holidays. H3. Noise mitigation will be necessary if any residential units are constructed near Receptor 2, located in the southwest quadrant of TH 100/west 77th Street. Any residential buildings should be constructed using noise abatement methods. Noise abatement requirements to conform to state standards can be found in Minn. Rules 7030.0050, subp. 3. I. Archaeological, historical, or architectural resources I1. Prior to redevelopment of the Pentagon Towers and Quads sites that would require razing of the existing structures, an evaluation and documentation of the historical and architectural significance of the sites will be needed by the project proposer. This information will need to be submitted to Edina. J. Cumulative Impacts J1. Edina will work with Bloomington and potentially participate in a regional traffic study that will assist in anticipating future potential redevelopment within the TH 100/I-494 area and plan for infrastructure improvements. Edina will also coordinate with other entities to address cumulative impacts. These items have been addressed in other areas of the AUAR and include mitigation plan items D1, D6, E8, F1, and F2. VI. AUAR Update Review This AUAR Update has been reviewed pursuant to Minnesota Rules 4410.3610 Subp. 7. The Gateway Study Area AUAR will remain valid for an additional five years from the City Council adoption date. Final Alternative Urban Areawide Review Update Page 14 Gateway Study Area City o%Edina, MN WSB Project No. 1686-37 June2013 Appendix A — Figures 1 7� MY • r � l 'oi« 12 l l of •„ - -.�, " � ' <.� sw ` , r,• , r� A. 4 K a: Ole E ,r Figure 1 Legend Location Map project Location Gateway AUAR H 0 4 $ YYSO Miles A Amft*lu, Inc. s ' 11 f ro s j '� w■. yr �� t52 a: Ole E ,r Figure 1 Legend Location Map project Location Gateway AUAR H 0 4 $ YYSO Miles A Amft*lu, Inc. s 4 Figure 2 USGS Location Map WSB s 0 500 1,000 tri°' Gateway AUAR Feet 6 & Aerial Location Map 0 500 1,000 . M W_ AH "'�� "[� `.a.'e`" a..`rc". .. r .f • .'" i � - -� z. . "t i"� 'tt„ M �."a, :. -t ._ �y��' ! • � i. 7 >; � ! t .t : �: pry - ; r 5 F r F Wf 4 � �F✓ ot- J ' .., t t,t _ _(36 Units) w NOW _. �t �� � r F ,.� m� .•g**s7 a,r'.��.t,. a' e � '��y p x its 1 Y - J Y— 494 ir= r, a7JL C1 .i.. r LF y 0 p � a t wm. j :.^, Allam R� tY1_Y, +n It�.f t+. • .�v�` + w �Mfte a z � i � �. i h,, �. '.F +�c �. a •`+ � rk i'l, f � ,�.. � r� x:.. i �!"4 �'� x ♦»� "_ a-- cam- i` ( .. '�' �.',.l.a"\� ! ,� ._ t -. � � � ti a A ' ( ,' fill K . r 1 6. Rem • � ¢ �� st t, c' .1 ,iy:� .7 ! § :� rj ;' �" ` � � , ' i��.,` �14 a 49a ' �'. i.'i,'� I Vie. ., ..� `�'"' � �'' , . _.. , I f ti � t.•� � y�, ya ��'" AA 'an c 1 } w 4. r 1• cu .. uA i i i (�. r !r A ! ry J 1. ✓ � 5�.. - ` s 5' ..:. .b IM- Ly a , gg r i.R : `� "" „�+s rye _ •v y � � ,.. .,, �".j._ �'j .x „' y ti, ir, Moak 17� r _ A2 y 'a ;• � S. 'tt .�. WY ` , . � v � �miGiir� .'w J t ..- i� A AV L loo IA OL r y a f x .q , t ' ,fir `Y°Adi . � � � y � �,k+ �•,y.�y�Y ' Y ... �i:,� � J tG { 7 ,. k' 1,5,.,. r / .3-r.'p ij �fiNyF/'�y�•yy�y. c �. .2 .YyyA'' ✓n `� f i A kZi i {. � it ° 4 MxNA, t " .�'� t r T F; > �9 y , > C 65TH ST the "/ST J - 65?H�'ST W F . Gateway AUAR Study Area (13&55 Acres) Y z t, Proposed Redevelreasopment ,, � IN A' rZ i1 Normandale Investments, LLC Parking Ramp , 1 t < '._/ 67TH ST W 4 Ryan Companies US, Inc + c 5 Walser Real Estate 11, LLC 68TH ST ° k u 6 Mortenson Development,pi P Q W fi BiHSTVV �. 0 a vington Apartments - 251ts er C, ` 55TH ST W a.' Proposed Redevelopment Areas 2013 Update u y" .'ll 111 A.. ,NJ -� • � s p roomsLuxembourg Apartments construction) � f • , 1 1 . 1/ 111 Hotel - 257 rooms (future)) u �{ .. i.-". �:i �' a ,3 S' ST'Al J Norman 111 1' 3s 1 S u PointeMrketpoiOffice1 111 76- P ....... _a b 9. Ar G "fit"+i^ �Jg Yz?ND ST^' a t i, ",7 $ . LL RTH R" F Cu AGHFR,DRdF`RJ "ENADE 'x j 3PJ ST 1-�GIL-FORC,.j _� V"Jir .` qG s 4 F� q 1E 74'H ST v O Ifs^" ". ..r+.,. PARKLA k l ` 1i c �� ` t SEDGt1'.LA ! rF S T ,N . Pr ' • v �j C z T H St ih' �6 00�*.. HST'T� ` a b f ST =VIKING DR (, +� x ,21 a s t. • I r rF MINNESOTA Fill, _ T#° EDINBU s ta! R ��"' r , STH ST VV c f�Ln Q G y{•�81STSTVJ u O c m s YS e q'>°ERiC z a • r i 0 82ND ST S, 82ND STAW W rr rr __ > '�. �' t w>r > > 3RD ST W 0 <, Z � �� �0, . 82ND S7 N L , + i,1 q J .` Le Lj [� �Z a > * t R J �84THr5T W e e .�a C> r,I,, 1 A LITT(F .. �., > . n .cn a 85TH ST W' J af LU s Appendix B — Agency Correspondence From: Sump. Samantha CQNRI To: Andi Moffatt Cc: Daperalski, Melissa (DNRI Subject: RE: Data Request - Edina AUAR Update Date: Wednesday, March 27, 201312:39:11 PM HI And!, I have reviewed the NHIS regarding the above project. There are no new records in the vicinity of the project. As such, the Natural Heritage letter dated 4 April 2007 is still valid. Thank you for consulting us on this matter, If you have any further questions, please feel free to contact me. Have.a great day, Samantha Bump NNIS Review Technician (651) 259-5091 Division of Ecological and Water Resources Minnesota Department of Natural Resources 500 Lafayette Road, Box 25 St. Paul, MN 55155 From: Andi Moffatt [mallto:AMoffatt@wsbeng,com] Sent: Thursday, March 21, 2013 12:59 PM To: *NHIS, Review (DNR) Cc: Doperalski, Melissa (DNR) Subject: Data Request - Edina AUAR Update Hi Lisa and Melissa - attached is an NHIS request (full request, not review our assessment) for the Edina Gateway AUAR Update. The original AUAR was done in 2007 and ERBD number at that time was 20070643. Let me know if you need anything else for this request. Thanksl Andl Moffatt, PWS Environmental Planning & Natural Resources Group Manager, Principal d: 763-287-71961 c: 612-360-1301 WSB & Associates, Inc. 1 701 Xenia Avenue South, Suite 300 1 Minneapolis, MN 55416 WSBEngineeriieg • Planning Environmental • Construction Ga This email, and any IAes transmitted will) If Is confidential and Is Intended solely for the use of the addressee, It you are not the addressee, please delete this emelt from your system. Any use of this email by unintended reUplents Is shictly prohlbited. W38 & Associates, Inc. does not accept fabi/ffy for any arrore or omissions which adse as a result of electronic transmission, if vedlkaffon Is required, please request a hard copy. EDINAMEMO City Hall • Phone 952-927-9861 A.. O ei1 Fax 952-826-0389 • www.CityofEdina.com p. n v ay Date: June 26, 2013 To: Planning Commission From: Cary Teague, Community Development Director Re: Zoning Ordinance Amendment Consideration — Residential Redevelopment (Issues Identified) The following issues or topics have been considered by the Planning Commission over the past several months in regard to addressing the issue of "residential redevelopment" of single and two-family homes in Edina:. I. Drainage, retaining walls, egress window and site access. 2. Building Lot Coverage. 3. Side yard setback including second story setback requirement. 4. Building Height S. Side wall articulation. 6. Front facing garage. 7. Nonconforming front yard setbacks. S. Garage stall requirements 9. Miscellaneous Code Revision "clean up." The Planning Commission has had some differing opinions and recommendations on each issue as they have been discussed. The Commission held public hearing on June 12, 2013 to gain additional input, and again consider each of these issues. Based on the discussion of the issues, the input gathered from the public hearing, the Planning Commission made recommendations to staff on amendments to the draft Ordinance to regulate the issues. The summary of the draft Ordinance below includes the changes that were recommended. Changes made to the Ordinance as recommended by the Planning Commission on June 12`s, have been highlighted in = in the attached Ordinance dated June 26. 1. Drainage, retaining walls, egress window and site access. (Pages I, 2 and 6 of the draft Ordinance.)The intent of the Ordinance is to make the drainage regulations clear, prohibit redirection of water to adjacent properties. The city engineer and the city's Stormwater consultants have reviewed the proposed Ordinance language, and are recommending language that is currently found in the recently adopted Ordinance putting the Construction Management Plan into Ordinance as it regulates tear down rebuilds. There is a larger issue in City of Edina • 4801 W. 501h St • Edina, MN 55424 MEMO regard to drainage with the added impervious surface as result of the large number of new larger homes being built in the City of Edina. Therefore, a bigger study will be taking place over the next several months to address this issue further. (See attached memo from the city engineer on pages A41.) The city engineer will be at the Planning Commission meeting to address the issues and answer any questions that the Commission may have. The Ordinance also requires a building permit and a three foot setback for retaining walls taller than four feet. A three-foot residential maintenance access from a front yard to a rear yard is required and defined. As requested by the Planning Commission, staff has provided some additional information on how other cities regulate retaining walls. (See pages A 13-A40.) Please note the City of Minneapolis only allows "retaining walls, where natural grade is retained." (See pages A13 -A20.) This type of regulation would prohibit a property owner from "flattening" out their yard by bringing in fill. Egress windows wells now require a 5 -foot setback on one side, but allows an encroachment on the other. 2. Building Lot Coverage. (Page 3.) Building Coverage was originally recommended to be revised to be uniform throughout the City at 25%. That would have been a change for lots less than 9,000 square feet in size, as they are now allowed 30% lot coverage, with a 2,250 square foot cap. At the April 24 meeting, Planning Commission recommended that no changes be made in regard to building lot coverage. Building Coverage requirements (which helps define "building coverage") have been moved to one place within the Ordinance, to make it easier to understand. 3. ide yard setback including second story setback requirement. (Pages 4-6 and 9.) Side yard setback requirements have been increased up to 2 feet for lots less than 75 feet in width, (See examples on pages Alb -Ale.) Requirements have been revised as follows: ➢ Lots 49 feet wide or less = 5 feet on each side. (No change.) ➢ Lots 50-59 feet wide = 12 feet total, with no less than 5 feet on one side. (increased setback.) }� Lots 60-74 feet wide = Increase the required setback 4 inches on each side for each foot the lot exceeds 60 feet. (Increased setback.) i' Lots 75 feet wide and above = No change; 10 feet on each side. The second -story setback increase based on height has been eliminated. (Pages 7- 8.) City of Edina - 4801 W. 50th 5t • Edina. MN 55424 MEMO A. oeq,, W As recommended by the Planning Commission on June 12'h, the side -yard setback for attached garages is now be the same as a principal dwelling unit for all lots. Current Code requirement allows an attached garages, tool sheds, greenhouses and garden houses, to have a 5 -foot side yard setback. This entire provision has been eliminated. (Page 5.) 4.i� lding Height. (Page i and 6.) Maximum height to the ridge line for lots less than 75 feet in width has been reduced from 35 to 30 feet. Lots over 75 feet in width remain 35-40 feet. (See attached examples on page A I and A I a for what the height regulation might look like.) Eliminated the measurement for building height to the mid -point of a single and two family dwelling units. Regulations for commercial, industrial and high density residential development do not change. S. Sidewall Articulation. (Pages I 1-12.) The following language is suggested, based on the City of Alamo Heights, Texas regulation: 1. Sidewall Articulation for a Principal Structure. In order to avoid the monotonous appearance of long, unbroken building facades from abutting properties, the length of an exterior side wall shall not exceed thirty (30) feet without a) a minimum of at least a one (1) foot by ten (10) foot offset (projecting or recessed) or b) a combination of two (2) of the following architectural or utilitarian features every thirty (30) feet: a) Structural window awnings or canopies b) Projecting bay or box windows, cantilevered, rather than supported by a permanent foundation C) Stoops d) Porches e) Chimneys (minimum depth of one (1) foot) Q Balconies g) Roof dormers h) Pilasters i) Second story roof overhang (at least twenty percent (209A) of the facade length) j) Port-cocheres (a roofed structure extending from the building over an adjacent driveway that vehicles drive through, typically sheltering those getting out of vehicles or as a passageway to a garage) Attached are examples of "articulation" requirements from the City of Alamo Heights, and Los Angeles. (See pages A7—A 12.) 6. Front Facing Garage. (Page 11.) A front facing attached garage on lots less than 75 feet in width. For attached garages that face a public street, the door shall be no City of Edina - 4801 W. Wh St - Edina, MN SS424 A. a e h - 0 more than nine (9) feet in height and twenty-four (24) feet in width and shalt not exceed 60% of the width of the principal structure. (See attached examples on pages A2—A6d.) Based on recommendation of the Planning Commission language has been added to not allow an attached front facing garage to extend more than five (5) feet beyond the front building line. (Page 12.) Attached are examples of this regulation from Lacy Washington, Plainfield Indiana, Portland Oregon, Minneapolis and St. Paul. (See pages A2—A6.) 7. Nonconforming Front yard setback. (Page 7-8.) For a lot with an existing dwelling unit with a nonconforming front street setback, the existing nonconforming front street setback may be maintained for an addition or a tear down and rebuild of a new home, as long as the new construction is not closer to the front lot line than the existing nonconforming structure and shall not be closer than 30 feet to the front lot line. Based on the discussion at the June 4P meeting, the Ordinance has been revised to not allow greater building mass into the nonconforming setback beyond 200 square feet. 8. Garage Stall Requirement. (Page 2.) Lots over 75 feet in width are required to have at least a two -stall garage, as required under the existing Zoning Ordinance. Lots 75 feet in width or less must have at least a one -stall garage. .. .a 1Rilom A Accessory Buildings and Structures Used for Dwelling Purposes. (Pages 8- 9.) This provision is stricken, as the City Code does not allow accessory building to be used for dwelling purposes in the R -I District. ➢ Variance and CUP process Floodplain. (Pages 12-17.) The City Attorney has recommended this change. It simply eliminates the flood plain variance and conditional use permit process. These provisions are already covered in the Zoning Ordinance.. There is no need for this Section. It was copied from the template provided for cities that were to adopt flood plain regulations. Current variance and CUP process would apply. City of Edina • 48D W. Soth St . Edina, MN 55424 Draft 6-26-2013 ORDINANCE NO. 2013 = AN ORDINANCE AMENDMENT REGARDING THE R-1, SINGLE - DWELLING UNIT DISTRICT REQUIREMENTS FOR BUILDING COVERAGE, SETBACK AND HEIGHT The City Council Of Edina Ordains: Section 1. Subsection 850.03. Subd. 3. Definitions is hereby amended as follows: Building Height or Structure Height. (Commercial, Industrial and High Density Residental)The distance measured from the average existing ground elevation adjoining the building at the front building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch -type roof, or to the average distance of the highest gable on a pitched or hip roof. References in this Section to building height shall include and mean structure height, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure. "Existing ground elevation" means the lowest of the following elevations: (1) the grade approved at the time of the subdivision creating the lot, (2) the grade at the time the last demolition permit was issued for a principal structure that was on the lot, (3) the grade at the time the building permit for a principal structure on the lot is applied for. Existing text — XXXX Stricken text -- X Added text — h Section 2. Subsection 850.07. Subd. 7. is hereby amended as follows: Subd. 7. Draina9e Retairdog Wails & Si a Acc r MI Surface water runoff shall be properly shanheled � into storm sewers, watercourses, ponding areas or other public dFainage and swales, shall be r6Mewed and approved by the Existing text — XXXX 2 Stricken text — XXXX Added text -}ice Section 3. Subsection 850.08. Subd. 1 is hereby amended as follows: Subd. 1 Minimum !dumber of Spaces Required. A. Single Dwelling Units, Double Dwelling Units and Residential Townhouses. Two fully enclosed spaces per dwelling unit fprs" { or double dwelling unit lets that, expoW 76 feet in wi+t. 0afte anclosed spate. per dwelling unit 111ar olr or 4oubla I" lots 75 foot In width or less. Townhdu mod bmw two MY en0- osed S G $ , Section 4. Subsection 850.11. Subd. 6. is hereby amended as follows: Subd. 6 Requirements for Building Coverage, Setbacks and Height. A. Building Coverage. 1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not more than 25 percent for all buildings and structures. On lots with an existing conditional use, if the combined total area occupied by all accessory buildings and structures, excluding attached garages, is 1,000 square feet or greater, a conditional use permit is required. 2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet. 2.3-. The combined total area occupied by all accessory buildings and structures, excluding attached garages, shall not exceed 1,000 square feet for lots used for single dwelling unit buildings. 'fW�l ' 4. f 4 .! f 4.•. f' '' a. Docks and patids. The brat 150 squiate fit*t of on U0*,mood dbc or patio shall not be included when �pt*i4.. ing coverage. Existing text - XXXX 3 Stricken text XXXX — Added text — � ! ! `! ! - ! t 1. ! i N<s`3 ';. t'•`..: B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of this Subsection 850.11). Front Street Side Street 1. Single dwelling 30'** 15' unit buildings on Lots 75 feet or more in width. Existing text — XXXX Stricken text —XXXX Added text XXXX InteriorSide Rear Yard Yard 10' 25' 4 2. Single dwelling 30'** 15' The --repaired 25' unit buildings on !RteriGF yard lots more than 60 feet in width, but feet sw less than 75 feet 0nGFease by474W in width. feet (' ' 'es) feFeaGh feet that the let width e*Geeds 60 feet. l�ubd.7.N.8< WOW 3. Single dwelling 30'** 15' l}'— Ir %Wt 25' unit buildings on with no las Mo- ed $0 ths# W 9" 60 feet er sidw less in width. 5. Buildings and structures accessory to single dwelling unit buildings: a. detached -- 15' 3' 3' garages, tool sheds, greenhouses and garden houses entirely within the rear yard, including the eaves. rw 0 M 0 N Existing text — XXXX $ Stricken text —X Added text —. . c. detached garages, tool -- sheds, greenhouses and garden houses not entirely within the rear yard. d. unenclosed decks and patios. 30' e. swimming pools, including 30, appurtenant equipment and required decking. f. tennis courts, basketball courts, 30' sports courts, hockey and skating rinks, and other similar recreational accessory uses including appurtenant fencing and lighting. g. all other 30' accessory buildings and structures. i gs.W 15' 5' 15' 5' 15' 10' 15' 5' 15' 5' 5' 5' 10' 5' 5' Existing text — XXXX 6 Stricken text XXXX Added text—1=x C. Height 1. Single dwelling units buildings and structures accessory thereto. 2. Buildings and structures accessory to single dwelling unit buildings, but not attached thereto. 3. All other buildings and structures 2 % stories maximummm ' '?I w ;tee 04 below. 1 '/ stories or 18 feet whichever is less 3 stories or 40 feet whichever is less 4. The maximum height to the highest point on a roof of a si Ie or double dwelling unit shall be 35 30 feet. F 1016 Q 0000' .V Jill wkftK t eriaxiMum he�t� to the Ike.sitar � tie maximum height may be increased by one inch for each foot that the lot exceeds 75 feet in width. In no event shall the maximum height exceed 40 feet. Section 5. Subsection 850.11. Subd. 7.A. is hereby amended as follows: Subd. 7 Special Requirements. In addition to the general requirements described in Subsection 850.07, the following special requirements shall apply. A. Special Setback Requirements for Single Dwelling Unit Lots. 1. Established Front Street Setback. When more than 25 percent of the lots on one side of a street between street intersections, on one side of a street that ends in a cul-de-sac, or on one side of a dead end street, are occupied by dwelling units, the front street setback for any lot shall be determined as follows: a. If there is an existing dwelling unit on an abutting lot on only one side of the lot, the front street setback requirement shall be the same as the front street setback of the dwelling unit on the abutting lot. b. If there are existing dwelling units on abutting lots on both sides of the lot, the front street setback shall be the average of the front street setbacks of the dwelling units on the two abutting lots. Existing text — XXXX 7 Stricken text—X Added text— c. In all other cases, the front street setback shall be the average front street setback of all dwelling units on the same side of that street. 2. Side Street Setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street.. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street. 3.4 -Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet in length or if the lot forms a point at the rear and there is no Existing text — XXXX 8 Stricken text —XXXX Added text — XW rear lot line, then for setback purposes the rear lot line shall be deemed to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from the front lot line. 4. Rear Yard Setback - Comer Lots Required to Maintain Two Front Street Setbacks. The owner of a corner lot required to maintain two front street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the junction of the street frontages to the junction of the interior lot lines, the line segment being the maximum distance from the junction of the street frontages. 5. Through Lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not front shall be not less than 25 feet. 6. Interior Side Yard Setbacks for lots 60-74 feet in width shall be as follows: Lot Width Required Interior Side Yard Setback 74 20' with no less than 10 feet on one side Existing text — XXXX 9 Stricken text — X)= Added text —k)* 73 20' with no less than 10 feet on one side 72 20' with no less than 10 feet on one side 71 19'4" with no less than 9 feet on one side 70 18'8" with no less than 9 feet on one side 69 18' with no less than 9 feet on one side 68 17'4" with no less than 8 feet on one side 67 16'8" with no less than 8 feet on one side 66 16' with no less than 8 feet on one side 65 15'4" with no less than 7 feet on one side 64 14'8" with no less than 7 feet on one side 63 14' with no less than 7 feet on one side 62 13'4" with no less than 6 feet on one side 61 12'8 " total with no less than 6 feet on one side B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling unit shall be erected, placed or used on any lot unless the lot is subdivided into two or more lots pursuant to Section 810 of this Code. C. Basements. All single dwelling unit buildings shall be constructed with a basement having a gross floor area equal to at least 50 percent of the gross floor area of the story next above. The floor area of accessory uses shall not be included for purposes of this paragraph, D. Minimum Building Width. No more than 30 percent of the length, in the aggregate, of a single dwelling unit building shall measure less than 18 feet in width as measured from the exterior of the exterior walls. Existing text — XXXX 10 Stricken text —XXXX Added text — XXXX E. Parking Ramps Prohibited. No parking ramp shall be constructed in the R 1 District. F. Temporary retail sales of evergreen products from Conditional Use properties 1. The Manager may grant a permit for temporary retail sales of evergreen products, if: a. the owner of the property or other non-profit group approved by the owner conducts the sale. b. the duration of the sale does not exceed 45 consecutive days and does not start before November 15 in any year. c. the sale area is located in a suitable off-street location that does not interfere with traffic circulation on the site or obstruct parking spaces needed by the principal use on the site. d. the sale area is not located within 200 feet of a property zoned and used for residential occupancy. e. the hours of operation do not extend beyond 10:00 p.m. f. signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square feet. G. Additions to or replacement of, single dwelling unit buildings and buildings containing two dwelling units. For additions, alterations and changes to, or rebuilds of existing single dwelling unit buildings and buildings containing two dwellings, the first floor elevation may not be more than one foot above the existing first floor elevation. If a split level dwelling is torn down and a new home is built, the new first floor or entry level elevation may not be more than one foot above the front entry elevation of the home that was torn down. Subject to Section 850.11 Subd. 2. 1. the first floor elevation may be increased more than one (1) foot. The provisions of this paragraph shall apply to all single dwelling unit buildings and buildings containing two dwelling units including units in the flood plain overlay district. Any deviation from the requirements of this paragraph shall require a variance. Existing text — XXXX Stricken text —)G= Added text — XXXX I . stmaturol,w4nd,ow awning or i nc pt" 2. Projecting bay or box Wows, cantile f, than, �ps 4. PO 7. '# as 8 s Section 6. Subsection 850.21 Subd. 11.C. is hereby amended as follows: 1. Rules. The Oeard shall adOpt Mies feF the eeRduGt Gf business Existing text -- XXXX 12 Stricken text —XXXX Added text — Existing text — XXXX 13 Stricken text -4 Added text —is hardship -• - - - • MWX3. 3=1 6F Subsed-onS: ,` ra. the VaFiances shall galy 1 upon a f 68Rsideiii:ig deteMillati9A that the Geed hazard, 147r Existing text — XXXX 13 Stricken text -4 Added text —is hardship te , 6F Subsed-onS: ,` ra. the VaFiances shall galy be issued upon a f 68Rsideiii:ig deteMillati9A that the Geed hazard, te aftrd FeW. Existing text — XXXX 13 Stricken text -4 Added text —is e e. w2iFt!T."i7t[SI ■ i:T_.*=T.E1T.![moiR. . w_ a s "Noll—W-00, 10001,00 3,1010"NON—, ME e e _e • fi[�r►:f _e a e WATAMMURMUM 1. NCAG9 tO GO i " Upon filing with the Cky of an apo ' the Cily shall submit by mail Existing text -XXXX 14 Stricken text — XIX Added text —)($( i ............ .r .n.... .......... r..w — ...v . .r v.. --v ..e pFoposed r fill, steFage of mateNals, floe pFoofing r and the Felationship _. the above to IR mateFialsI flood ! filling, 1 a 1 rahannel iFRPFGVeFR8Rt sanjtary`ao,'.`,es: krAOFage of r wateF i ............ .r .n.... .......... r..w — ...v . .r v.. --v ..e pFoposed r fill, steFage of mateNals, floe pFoofing r and the Felationship of the above to mateFialsI flood ! filling, 1 1 rahannel iFRPFGVeFR8Rt sanjtary`ao,'.`,es: krAOFage of r wateF supply and Existing text — XXXX 15 Stricken text -- XXM Added text - , o. Based upon the teGhniGal evaluation of the designate fia�d at the site and evaluate the suitability of the pFoposed use in mlation to the flood haaaFd, bOdges hyd ! . disease,he ability of these systems te pFeveFO e. The imp oe of the p-ovided by #* pFopose fasilo to the eommunity. fleed ng far-4he-pim—pposed use. 1 t development and development-anWpated in the feFeseeable rs� fulmFe. Existing text — XXXX 16 Stricken —XMX text — Section 7, This ordinance is effective immediately upon its passage and publication. First Reading: Existing text — XXXX 17 Stricken text — XXXX Added text —Xi" Second Reading: Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication. Bill to Edina City Clerk CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of , 2013, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this City Clerk Existing text — XXXX Stricken text— XXXX Added text— day of , 2013. 18 -sa _■ ----''-' - --'- '-- --- - l -- -'-------` � ' 1'� -----' --.--�--'- 27!7,4" F )(A" UES ARM;406'06 t#t ?,450 9,10 = / 10 z 5' 0 �l7 $1 09406164 �OQE 5-© SO- fOor LOTS M, S.VISTIU4 Co BOE At (it .7 so Jr.) c.S rQ M /15� s-� tp PIN cr i 537.50. Maximum height. (See height definition and Maximum Height Diagram.) (a) In general. The ' maximum height for all accessory structures shall be limited to the maximum height requirements for principal structures in the district in which the accessory structure is located, except as otherwise provided in this zoning ordinance. (b)Accessory structures located in the residence and ORI Districts. A detached accessory structure, accessory to a principal use located in a residence or ORI district shaft not exceed the height of the principal structure or twelve (1.2) feet, whichever is less. The maximum height may be increased to sixteen (16) feet or the height of the principal structure, whichever is less, where the primary exterior materials of the accessory structure match the primary exterior materials of the principal structure and the roof pitch matches the primary roof pitch of the principal structure, and provided the wall height shall not exceed ten (10) feet from the floor to the top plate. (c) Accessary structures located in all other districts. Structures accessory to a structure originally designed or intended as a single or two-family dwelling or a multiple+ -family dwelling ofthree (3) or four (4) units, shall not exceed the height of the principal structure or twelve (12) feet, whichever is less. The maximum height may be increased to sixteen (16) feet or the heeight of the principal structure, whichever is less, where the primary exterior materials of the accessory structure match the primary exterior materials of the principal structure, and provided the wal l height shall not exceed ten (10) feet from the floor to the top plate. 537.60. Maximum floor area. (a) In general. The floor area of any accessory structure shall be included in the total allowable floor area permitted on the zoning lot. (b) Accessory rises and structures located in the residence and ORI Districts. (1) Single and two-family dwellings. The maximum floor area of all detached accessory structures, and any attached accessory use designed or intended to be used for the parking of vehicles, shall not exceed six hundred seventy-six (676) square feet or ten (10) percent of the lot area, whichever is greater, not to exceed one thousand (1,000) square feet. Detached accessory structures greater than six hundred seventy-six (676) square feet in area shall utilize primary exterior materials that match the primary exterior materials of the principal structure and the roof pitch shall match the roof pitch of the principal structure. (2) All other uses. The maximum floor area of all detached accessory structures, and any attached accessory use designed or intended to be used for the parking of vehicles, except for a parking garage within the building, entirely below grade or of at least two (2) levels, shalt not exceed six hundred seventy-six (676) square feet or ten (10) percent of the lot area, whichever is greater. (c) Accessory uses and structures located In all other zoning districts. The maximum floor area of all detached accessory structures and any attached accessory use designed or intended to be used for the parking of vehicles, accessory to a structure originally designed or intended as a single or two-family dwelling or a multiple - family dwelling of three (3) or four (4) units, shall not exceed six hundred seventy- six (676) square'feet or ten (10) percent of the lot area, whichever is greater. 537.80. Distance from dwelling, No detached accessory building or open parking space shall be located closer than six (6) feet from a dwelling of any type. Detached parking garages serving residential uses shall be located entirely to the rear of the principal residential structure. „e 535,90. Minimum size and width, principal entrance and windows, and location of attached garage irequlrements for residential uses. (c) Attached garage facing the front lot line. Attached accessory us designed or intended for the parking of vehicles accessory to single and two-family dwellings and multiple-famll dwellings of three, (3) and four (4) units shall extend no more than five (5) feet closer to the front lot line than th facade of a habitable portion of the dwelling when the garage door or doors face the front lot line. In addition, the width of the garage wall facing the front lot line shall not exceed sixty (60) percent of the width of the entire structure. es Y c 535.280. Obstructions in required yards2 (See Required Setbacks Diagrams.) (d) Interior side yards for detached buildings accessory to dwellings. The interior side yard requirement for a detached accessory building 2 A minimum 6 -inch setback from the property to the cave edge is also required. The building code may require a larger setback or shorter cave based on distance to property line. 3 A `` Lacey Municipal Code �� � ,j� , /�X�� Page of 1 TABLE 14T-25 (Referred from LMC 14.23.072) Garage doors may not occupy more than 60% of the ground floor facade Garage doors facing the street may not occupy more than sixty percent of the ground floor facade. View Web Version http://www.codepublishing.coni/WAILacey/mobilelindex.pl?pg=Lacey l4TILacey l4T25.ht... 4/18/2013 UMMMOMMONEW ,n Of Plainfield, IN f. Additional Siding Materials: Those portions of a wall area not required to utilize a brick or stone veneer may use other durable siding materials. Siding materials such as: "HARDIPLANK(R)" Siding by James Hardie, 'Weatherboard(R)' by CeirfainteeA or otter similar fiber cement products, wood clapboard siding; wood beaded skiing: or, stuccoldryvitlE.LF_S, shall be considered acceptable siding materials - Aluminum siding less than 0.024 thickness shag not be permitted (except In soffit areas). Vinyl siding shag not be permitted (except in soft areas), unless complying with provisions of TAWS 7A - SliggMilons for Use and Installation of Vinyl 5idt. g. Compatibility of Garages: Garages should use exterior siding materials and architectural elements consistent with and in the same proportions as required for the primary building_ it a residential developer f builder desires to not follow the basic standards desired by the Town of Plainfield for single family or two fame residential developments, then the design guidelines and design features set forth below are recommended. B. Design Guidelines and Design Features. The Town of Plainfield encourages developers / builders to use the following guidelines to create variety and Interest in all elevations of a home. The Town also strongly encourages buikters to exceed the recommendations contained in these guidelines on all model homes built in a subdivision. , Garages - Ag single family dwellings and two family dwellings with accessory garages, either detached or attached, should comply with the following guidelines: a. Design Features for One or Two Car Garages - AN one or two car garages, either detached or attached, should utilize at least one (i) of the following three (3) design features: (1) Garage Offset - Development of single family dwellings or two family dwellings M which the front facade of an attached or detached front loading garage is off -set and stepped back from the front building One by at least ten (1o) feet. " (2) Garage as Percent of Fazade - Garage doors shall not comprise more than forty (40) percent of the linear length of the ground floor, street facing famde of the primary building containing a dwelling unit. (3) Side or Rear Loaded Garages - tdUlization of a side loaded or rear loaded garage to minimize the Impact of the garage doors an the streetscape. (See pages 2-2 and 2-3 of the pdf version of this section for photographs and drawings of appropriate design features for One or Two Car Garages.) b. Additional Design Features: (1) More than Two -Car Garages - No more titan two (2) one -car garage doors nor one (1) two -car garage door should be located on the same architectural plane of a front elevation. Architectural planes for additional sets of garage doors on a front elevation should be off -set by a minimlm of twelve (12) Inches. (2) Maximum Driveway Wdlh - No driveway should exceed twenty (20) feet in width at the sidewalk Page 2 of 7 http:/Itownofplainfield.com/mainlindex.php?dept=2&action=l5&-st btyPe=42Rrpage—l&id... 4/18/201.3 DEPARTMENT OF SAFETY AND INSPECTIONS Rkarde X. Cwwwer, Draw OF SAINT PAUL 375JacAm&met Site 220 Telephone: 651-266.8989 4- 8. Cola—, kk"r Satw Paid, Alausrata 35101-1806 Faulmlle: 651-266-9124 . Web: aww.stpauLVr W ZONING REGULATIONS FOR RESIDENTIAL USES GARAGE, SHED, ACCESSORY STRUCTURES AND PARKING SPACES See. 63.501. • Accessory buildings and uses. Accessory buildings, except as otherwise provided in this code, shall be subject to the following regulations: (a) When the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this code applicable to main buildings. (b) Accessory buildings, structures or uses shall not be erected in or established in a required yard except a rear yard. The following additional standards shall apply to residential parking: (1) Access to off-street parking shall be from an abutting improved alley when available, except where it is determined in the review of a site plan application that there are circumstances unique to the property that make this impractical, unreasonable, or harmful to the public safety. On corner lots, access to parking may be from the side street. (2) Off-street parking spaces shall not be located within the front yard. (3) Garages shall be set back from the front lot line at least as far as the principal structure (in the case of attached garages, this refers to the non -garage part of the structure). j Except in the rear yard, garage doors that face a public street shall be no more than nine (9) feet in height and shall not exceed sixty (60) pert of the width of the principal structure facing the same street. (5) Passenger vehicles may be parked on an approved driveway in front or side yards provided the driveway leads to a legal parking space. (c) On corner lots, accessory buildings, structures or uses shall be set back from the street a distance equal to that required of the principal structure. When an accessory building, structure or use is constructed in a rear yard which adjoins a side yard or front yard, the accessory building, structure or use shall be set back from the interior lot line a distance equal to the minimum side yard required of the principal structure. On all other lots, accessory buildings shall be set back at least three (3) feet from all interior lot lines, and overhangs shall be set back at least one-third (113) the distance of the setback ofthe garage wall or one (1) foot, whichever is greater. (d) This setback requirement from all interior lot lines for accessory buildings in rear yards shall be waived when a maintenance easement is recorded as to the affected properties, when proof of such recorded easement is provided at the time of application for a building permit and when the accessory building is located at least three (3) feet from any !wilding on an adjoining lot. The recording of the maintenance easement shall be interpreted to mean that AIT ro V) m 4--J Q) -o c — 4-0 Q) 4-J CL Q) 4--J Ul C- 44- C'o 0 ro 0 0 4-J 4-J 4--1 C- v to ro CL its -C Q) U V) Q) C- (-" o 0 0, C) ro 4-J 4 -Ju 4-� U w E 4--J (1) 4--J NV V) 4-J i Q) V C-) — U C- " 4X -JW - CCS Ln Ln 4- (A -1-j CUQ) (3) Ln C- 4-J X 4-J 4-J (3) 4-d Ci3 ?C UJ L- 4-J un 0 C- 4-J Lr) ro Recommended Code Changes 33.130 Commercial Zones 3. Length of street -facing garage wall. a. Generally. The length of the garage wall facing the street m9Y be to 50 percent of the length of the street -facing building facade. See Figure 130-3. On corner lots, only one street -facing garage wall must meet this standard. Figure 130-3 Length of Street -Facing Garage Wall I i I I I I GAPAGE DWELLING j j UNIT I I T j 50% I j Maximum j I I I I IFront I j lot line j L- ------------ ------- — ---- �1 Sidewalk STKEET Base Zone Design Standards: City Council Adopted Report July 27, 1999 Page 109 �1 Commentary 33.130.250.E. Garages (continued) 3.b. Exception. All houses—regardless of their width—are guaranteed a 12 ft. wide attached garage. On buildings less than 24 ft. wide, if the garage exceeds more than 50 percent of the length of the building's street -facing fagade, then there must be interior living area or a covered balcony above the garage. The balcony or living area may not be located more than 4 feet behind the garage wall. This dimension is required to ensure that these areas above the garages are large enough to bring the living area of the house closer to the street on narrow houses where,the garage dominates the length of the street -facing fagade. Figures 130-4. This figure will be included in the Zoning Code. It illustrates a typical development scenario of a dwelling less than 24 ft. wide that meets the length of street -facing garage wall standard by providing living area over the garage. July 27, 1999 Base Zone Design Standards: City Council Adopted Report 4Gt Page 110 Recommended Code Changes 33.130 Commercial Zones b. Exception. Where the street-facing_fa�ade of the building is less than 24 feet long, the garage wall facing the street may be up to 12 feet long if there is one of the following. See Figure 130-4. (1) Interior living area above the garage. The living area must be set back no more than 4 feet from the street -facing garage wall, or (2) A covered balcony above the garage that is: • At least the same length as the street -facing garage wall: • Accessible from the interior living area of the dwelling unit. Figure 130-4 Length of Street -Facing Garage Wall Exception Interior living area ati,,,,p „a. 12 ft. Maximum Less than 24 ft. Front elevation Interior 11 living area ®,^, above garage ® ®T 4 ft. or less from front of garage will Left side elevation Base Zone Design Standards: City Council Adopted Report July 27, 1999 Page 111 /k�L Com 33.130.250.E. Garages (continued) 4.a. Generally. The street lot Fine setback garage standard requires that the garage be no closer to the street than the longest street -facing wall of the dwelling unit. (The Zoning Code describes the dwelling unit as the portion of a building that is living area. The garage is not included; it is an accessory structure.) Requiring the garage to be flush with, or behind, the longest street -facing wall of the dwelling unit ensures that the living areas are as close, or closer, to the street than the garage. This strengthens the connection the living areas have to the public realm. Initially, the proposed standards required the garage to be at least 3 ft. behind the longest street -facing wall of the dwelling unit. The Planning Commission changed the general requirement to allow a garage to be flush with the street -facing wall. The Planning Commission made these changes based on public testimony they heard. Their recommended standard allows more design flexibility. Figure 130-5. This figure will be included in the Zoning Code. It illustrates a typical development scenario that would meet the street lot line setback standard for garages. Although the garage is flush with the longest street -facing wall of the dwelling unit, it could also be located behind it. Base Zone Design Standards: City Council Adopted Report July 27, 1999 / Page 112 Recommended Code Changes 33.130 Commercial Zones 4. Street lot line setbacks. a. Generallv.A garage wall that faces a street may be no closer to the street lot line than the longest street -facing wall of the dwelling unit. See Figure 130-5. July 27, 1999 Figure 130-5 Street Lot Line Setback GAiZAGE DWELLING UNIT Main errtrance Longest Street -facing wall of dwelling unit Front lot line ------ -' Sidewalk STREET Base Zone Design Standards: City Council Adopted Report 4 e Page 113 Single -Family Districts Zoning Code City of Alamo Heights Code of Ordinances five (25) feet, except as specifically provided in section 3-81, special front yard regulations. Maximum front yard setback No building, structure or use shall hereafter be located, erected or altered in the SF -A District so as to have a greater front yard than thirty (30) feet. SF -A and SF -B Districts. Main Structure Articulation: The maximum exterior front wall plane width without a minimum of a two (2) foot by ten (10) foot offset is thirty (30) feet or a combination of one (1) of the following architectural or utilitarian features every thirty (30) feet to break up the monotony of the facade: 1. Projecting bay or box windows, cantilevered, rather than supported by a permanent .foundation (not to exceed twenty- five (25) percent of the fagade length) 2. Stoops 3 i Single -Family Districts Zoning Code City of Alamo Heights Code of Ordinances 3. Porches (covered and unenclosed) 4. Balconies 5. Structural window awnings or canopies 6. Roof dormers 4 A ingle-Family Districts Zoning Code ity of Alamo Heights Code of Ordinances 7. Pilasters 8. Chimneys (minimum depth of one (1) foot and not to exceed twenty-five (25) percent of the facade) 9. A second -story roof overhang (at least twenty-five 25 percent of the facade length) R Single -Family Districts Zoning Code City of Alamo Heights Code of Ordinances Exception A one-story unenclosed roofed front porch up to fifteen (15) feet in height may encroach into the required front yard setback up to six (6) feet if it is at least six (6) fleet deep. (Ord. No. 1750-C, § 2,1-28-08) Sec. 3-15. - Side yard setbacks and side articulation. SFA and SF -B Districts. No building, structure or use shall hereafter so as to have a smaller side yard on each side of a building than hereinafter specified, except as specifically provided in section 3-82, special side yard regulations. (1) The minimum side yard setback for the main structure on the driveway side is ten (10) feet. (2) The minimum side yard setback for the main structure on the non -driveway side is six (6) feet. (3) The minimum side yard setback for an accessory structure is three (3) feet. Afain Structure Articulation: The maximum exterior side wall plane i wi without a minimum of a two (2) foot by ten (10) foot offset is thirty °(30) feet or a combination of one (1) of the following architectural or utilitarian features every thirty (30) feet to break up the monotony of the fagade: 1. Projecting bay or box windows cantilevered, rather than supported by a permanent foundation (not to exceed twenty- five (25) percent of the fagade length) 2. Stoops (not to exceed twenty-five (25) percent of the fagade) 3. Porches (covered and unenclosed, not to exceed twenty-five (25) percent of the fagade) 4. Chimneys (minimum depth of one (1) foot and not to exceed twenty-five (25) percent of the fagade) 5. Structural window awnings or canopies (not to exceed twenty-five (25) percent of the fagade) 6. Roof dormers 6 AID OFF Single-Family Districts Zoning Code City of Alamo Heights Code of Ordinances 7. Pilasters 8. A second -story roof overhang (at least twenty-five 25 percent of the fagade length) 9. Porte-cocheres (see definition in Sec. 3-2 and Sec. 3-21. Required Off -Street Parking exception #4) Exception: The minimum an air conditioning unit or pool unit can be located from a property line or fence is three (3) feet and air conditioning units must be located as close as possible to a main or accessory structure. (Ord. No. 1750-C, § 2,1-28-08) Sec. 3-16. - Rear yard setbacks. SF -A and SF -13 Districts. No building, structure or use shall hereafter be located, erected or altered so as to have a smaller rear yard than hereinafter specified, except as specifically provided in section 3-83, special rear yard regulations. (1) The minimum rear yard setback for the main structure is twenty (20) feet for the first story and thirty (30) feet for a second story. (2) The minimum setback of a garage from a main structure is four (4) feet. (3) The minimum rear yard setback of an accessory structure is three (3) feet. Exceptions: (1) The minimum an air conditioning unit or a pool unit can be located from a property line or fence is three (3) feet and air conditioning units must be located as close as possible to a main or accessory structure. (2) For purposes of calculating rear yard setbacks for the main structure, a covered breezeway attached to both the accessory and main structures shall not be considered part of the main structure. The breezeway must be no more than eight (8) feet wide and twelve (12) feet tall, must be unenclosed, must be 7 �� t CPC-2007-106-CA—Attachment II Page 3 This ordinance also prevents the irreversible adverse impacts associated with the. new construction and additions at the current 3:1 FAR which result in out -of -scale structures that will otherwise be permitted by -right, and further degrade the quality of life in existing single-family residential neighborhoods. Another reason for the proliferation of out -of -scale structure is the use of Buildable Area to determine maximum development potential on a single-family zoned lot. The proposed solution utilizes the lot area as a base from which FAR is determined, rather than the Buildable Area currently used in the Municipal Code. By tying development potential directly to lot size and to individual zones, the ratio of house size to lot size is maintained proportionally across different lot sizes within each zone, and the development standards for each of the eight zones are further distinguished. New Floor Area Ratios for Each Single -Family Zone There are eight distinct single-family zones affected by the proposed ordinance. The proposed solution reflects the differences in the eight zone designations and establishes a base floor area ratio for each zone, based on lot size. As a direct result, two-story structures will automatically have larger setbacks than single - story structures of the same floor area. Under the current code standards, setbacks do not increase by default as the lot size increases. This has resulted in the construction of two-story homes on large lots with little air space between neighboring structures. To remedy this, the reduced floor area ratio is tied directly to lot size and is in addition to setback requirements in the zone, resulting in larger setbacks on two-story structures. The new base Floor Area Ratios ranging from 0.25:1 on RA lots to 0.5:1 on R1 lots respect the characteristics of these zones and address most of the factors that contribute to Mansionization. ;Articulation Bonus The purpose of the Articulation Bonus is to encourage quality design of single- family homes. There are. two ways of achieving the bonus. The Proportional Stories method allows for slightly larger two-story structures by granting a floor area bonus of 20% of the maximum Single -Family Residential Floor Area as long as the stories other than the Base Floor are not greater than seventy-five percent of the Base Floor. This tool will provide a floor area incentive that encourages articulation by requiring that the second floor be smaller than the first floor, thereby changing the perception of size and scale of a structure. The Facade Modulation Bonus allows for slightly larger two-story structures by granting a floor area bonus of 20% of the maximum Single -Family Residential Floor Area as long as 25% of the building frontage facing the street is stepped back from the front facade by a minimum of 20% of the total building depth. To ensure that the FAR reduction does not result in inequitable restrictions on substandard R1 lots,. the Bonus is raised to 30% in order to allow for reasonably -sized homes that are also well-designed on the exterior. Both the Proportional Stories method and the Facade Modulation method are flexible in terms of design, allowing the property owner to determine where this area is to be used. b) Amend Height Limits for Single -Family Zones Roofs are a defining characteristic of single-family homes; articulated roofs add visual interest to a structure and provide transitions between properties. Therefore, the proposed ordinance establishes new standards to differentiate between sloped and flat roofs. The proposed ordinance lowers the allowable hlo)�' CPED PLANNING BY ORDER OF THE ZONING ADMINISTRATOR ADMINISTRATIVE ANNOUNCEMENT Minneapolis City of takes DATE FSSUED: DATE EFFECDW NUMBER: PAGES: 12!2(2010 Immediately 2010-002 1 SUBJECT. APPROVED BY. Retaining Walls — Retaining, Naturat Grade Steve poor Background: There has been an increase in the number of retaining wails proposed in required yards where the proposed natural grade would be altered on the interior side of the wall. The intent is to raise the level of grade by adding fill and permanently alter the topography. Determination: Table 535-1 Permitted Obstructions in Required Yards specifies the following: "Retaining walls, where natural grade is retained" are permitted obstructions in a front or corner side yard, interior side yard or rear yard. A retaining wall in a required yard that does not retain natural grade is not listed in the permitted obstructions table and is therefore not permitted. !dote: For the purposes of this determination, backfill shall not be allowed behind any fence or wall that would otherwise be permitted by Chapter 535, Article VI of the zoning code. UN - CODE OF ORDINANCES Title 20 - ZONING CODE CHAPTER 520. INTRODUCTORY PROVISIONS CHAPTER 520. INTRODUCTORY PROVISIONS 520.160. Definitions, 620.160. Definitions. Unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall, for the purposes of this zoning ordinance, have the meanings indicated. Additional definitions may be found within specific chapters of this zoning ordinance. All words and phrases not defined shall have their common meaning. Fence. A structure providing a barrier or screening, but not protection against the elements, erected to provide privacy or security which defines a private space and enhances the design of individual sites. Grade. The lowest point of elevation of the surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. Grade, natural. The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall or other earthwork feature. Natural grade is determined by reference to a survey, or other information as determined by the zoning administrator. Height, structure or buiUng. The vertical distance from the natural grade measured either at the curb level or at a point ten (10) feet away from the front center of the structure or building, whichever is closer, to the top of the highest point of the structure Including parapets, or to the top of the highest point of the roof on a flat or shed roof, the deck line on a mansard roof, or the average distance between the eave edge and the ridge level for gable, hip and gambrel roofs. Dormers exceeding fifty (50) percent of the building width below a gable, hip and gambrel roof shall be included in the measured vertical distance. Except in the SH Shoreland Overlay District, roof -top mechanical equipment and enclosures less than fourteen (14) feet tall on a flat roof shall not be included in the height provided the equipment and enclosures are set back from the exterior walls one (1) foot for every one (1) foot they extend above the roof surface. Minneapolis, Minnesota, Code of Ordinances Page'l kl+ - CODE OF ORDINANCES Title 20 - ZONING CODE CHAPTER 535. - REGULATIONS OF GENERAL APPLICABILITY ARTICLE III. YARD CONTROLS ARTICLE /it. YARD CONTROLS 535.220. Purpose. 535.230. Required yards. 535.280. Obstructions in required yards. 535.220. Purpose. Yard controls are established to provide for the orderly development and use of land and to minimize conflicts among land uses by regulating the dimension and use of yards in order to provide adequate light, air, open space and separation of uses. 535.230. Required yards. Yard requirements shall be as specified in the applicable zoning district. Yards provided for an existing structure or use shall not be reduced below, or further reduced if already less than, the minimum requirements of the zoning code for equivalent new construction, except as otherwise provided in Chapter 531, Nonconforming Uses and Structures. All yards and other open spaces allocated to a structure or use shall be located on the same zoning lot as such structure or use. No required yards or other open spaces allocated to any structure or use shall be used to satisfy yard or other open space requirements for any other structure or use. 535.280. Obstructions in required yards. (a) In general. All required yards shall remain open and unobstructed from ground level to the sky, except as otherwise provided below. (b) Permitted obstructions. Accessory uses and structures and projections of the principal structure may be located in a required yard only as indicated by a "P" for permitted in Table 535-1 Permitted Obstructions in Required Yards. (c) Additional limitations. In no case shall any permitted obstruction be located closer than one (1) foot from the property line, except for driveways, walkways, fences, detached accessory buildings, the storage of firewood and containers for the removal of household refuse, subject to the provisions of this section. In addition, notwithstanding Table 535-1 Permitted Obstructions in Required Yards, required interior side yards for nonresidential uses shall remain unobstructed from the ground level to the sky, except that fencing and retaining walls shall be allowed. (h) Rear yards. For purposes of Table 535-1 Permitted Obstructions in Required Yards, a rear yard abutting a required side yard shall be considered an interior side yard and shall be subject to the permitted obstructions regulations for such interior side yard. Minneapolis, Minnesota, Code of Ordinances Page 1 rim - CODE OF ORDINANCES Title 20 - ZONING CODE CHAPTER 535. - REGULATIONS OF GENERAL APPLICABILITY ARTICLE III. YARD CONTROLS Table 535-1 Pennitted Obstructions in Required Yards Type of Obstruction Front or Interior Rear Corner Side Yard Yard Side Yard _ Fences Including trellises, subject to Article VI of this chapter P P P Retaining walls, where natural grade is retained P P P (2001 -Or -063, §§ 2, 3, 5-18-01; 2003 -Or -027, § 1, 2-28-03; 2003 -Or -123, § 2, 10-10-03; 2005 -Or - 152, § 1, 12-23-05; 2009 -Or -069, § 1, 8-14-09; 2012 -Or -018, b 1, 3-30-2012) Minneapolis, Minnesota, Code of Ordinances Page 2 AIG Building or Repairing a Retaining Wall - City of Minneapolis On this page... Before You Start About Permits About the Inspections Process Handouts for the Proiect Building or Repairing a Retaining Wall At -a -g lance Walls of 4 feet in height or less (Measured from the bottom of the footing to the top of the wall) Is a ... Required? Permit No Contractor No* Zoning Check and Site Plan Yes* Inspection No* Construction Plan Review No Homeowners can perform work on their own property. Zoning Check is required for walls above 2 feet in height Inspections are part of the permit process Walls of more than 4 feet in height (Measured from the bottom of die footing to the top of the wall.) Is a ... Required? Permit Yes Contractor No* Zoning Check and Site Plan Yes Inspection Yes Construction Plan Review Yes Homeowners can perform work on their own property. Page 1 of 2 Note: nie above facts apply ONLY to retaining walls totally enclosed on the homeowner's property. Walls on neighboring properties or public areas require additional permissions and procedures. Before You Start Look at these pages: Requirements for Additions and Alterations (pdo A r—) http://www.minneapolismn.gov/mdr/exterior/mdr exterior retainingwall 6/13/2013 Building or Repairing a Retaining Wall - City of Minneapolis Minimum Standards for Dwellings 1p dE Interior Remodeling or Alterations Exterior Remodeling or Alterations Finding a licensed contractor Hiring a Residential Contractor —what do I need to know? (pdf) Site Plan Zoning Approval Property Line Information Property Line Location (pdo About Permits Applying for a Permit Permits Overview Timeline for Completion About the Inspections Process Site Plan Inspections Process Handouts for the Project Concrete Block Retaining Walls Timber Retaining Walls Last updated Apr. 11, 2012 ©1997-2013 City of Minneapolis, MN A 66 Page 2 of 2 http://www.minneapolismn.gov/mdr/exterior/mdr exterior retainingwall 6/13/2013 12" CONCRETE BLOCK RETAINING WALLS Minneapolis Department of Inspections Revised September 2005 Informational Bulletin 1, 1.8- --1 fro ft3@32" Requirements 1. #9 wire "dur-o-wall" reinforcement every 311 course 2. Cores with vertical reinforcing bars filled solid with concrete 3. Minimum core size. 3 3t8" x 7 5f8" 4. If autos will be close than F to wall. height must be reduced IT" 5. Weep holes RES -MS -035 —Concrete Retaining Walls, Sep 05 TIMBER RETAINING WALLS Minneapolis Department of Inspections Informational Bulletin Revised September 2005 Requirements • Walls over four (4) feet need a permit • Treated timbers required • Walls over seven (7) feet or with special loading require a licensed engineer • Deadman tiebacks may be timber or steel; they must be outside 45° line • Nails must pass through two (2) timbers into third Typical elevation showing typical deadman layout. 1 deadman per 16 square feet of wall staggered rows W' Batter per log ` When steel is used, It ay� must t3o adequately �\ protected from �\ corrosion — Steel hooked around nails /Nadrnan `� (typical) (typical) �\ \ F7 :;.', 5 Foot Wall %" Batter per log 11 3 Foot Wall Y," Batter per log ` Nails: Alternate nailing ti positions, alternate Oeadinan `` rows - 4' O.C. 1 Aj V 7 Foot Wall RES -MS -036 – Retaining Walls -timber – Sep 05 Sec. 36-73. Yard encroachments.0 '. ;?' ��' (a) Any yard. The following shall not be enc oachments on yard requiree-37ments provided all structures are located entirely upon the private property of the party requiring or requesting the construction of the structure, the encroachment is within height limitations of this Code, no permanent structure is placed in an easement without first obtaining approval of an encroachment agreement and ornamental structures are constructed so the finished side is facing towards the neighboring properties, exposing the structural side to the party requiring or requesting the structure: (10) Fences and retaining walls subject to the requirements of section 36-74 and provided the retaining walls are necessary to correct grade differences and height is minimized via terracing where feasible. Where a fence is attached to a retaining wall structure, the retaining wall shall be included in the fence height measurement. Sec. 36-74. Fences. (a) General provisions. (1) Permit required. A permit shall be required prior to the installation of any fence. (2) Submission requirements. The following information shall be submitted prior to a fence permit being issued: a. Application form and fee. b. Site pian indicating location of fence. C. Fence design indicating height and style of fence. (b) Fence location. (1) All fences shall be located entirely upon the private property of the party requiring or requesting the construction of the fence. It shall be the responsibility of the party installing the fence to ensure that it is constructed on private property. (2) No fence shall be constructed or permitted on any public property, right-of-way or easement without the express authorization from the public agency having jurisdiction over the property or right-of-way. (c) Prohibited fences. (1) Electrical fences. (2) Barbed wire fences, unless permitted by an exception. (3) Any fence, wall, hedge, or other visual obstruction of any kind which is not in compliance with section 3 6-76. (d) Height. The height shall be measured from the ground level to the top of the fence or wall section. In the case where a fence has variable heights or where the ground slopes, the height of the fence shall be the average height, but in no case shall the height of any one point exceed six inches above the maximum allowed by this section. Fence posts may exceed eight inches above the maximum allowed by this section. Aa( (1) A fence or wall shall not exceed six feet in height if it is located in any side or rear yard. (2) A fence, wall or hedge shall not exceed 3 1/2 feet in height if located in a front yard. (e) Exceptions. (1) A fence or wall may be up to eight feet in height if placed in any side or rear yard which abuts Interstate 394, State Highway 100, State Highway 7, State Highway 169, or their adjacent fi•ontage road. (2) A fence or wall may be up to eight feet in height if placed in any side or rear yard in an R district which abuts property in the C, O or I districts, or abuts a railroad right-of-way, school, church, or other public building. (3) A fence or wall may be up to eight feet in height if placed in any side or rear yard when it is required for screening. (4) A fence or wall in one front yard of any through lot may be at the height permitted in a rear yard if it complies with all of the provisions of section 36-76, is used as a rear yard, and the fenced yard used as the rear yard does not adjoin a yard used as a front yard. (5) Barbed wire may be used by certain industrial and public service users for health and safety purposes. However, the barbed wire cannot be used at a height lower than six feet six inches, and the overall height of the fence including the barbed wire cannot exceed eight feet. (Ord. No. 2325-07, 5-7-07) (f) Construction and maintenance. (1) Every fence shall be constructed so the finished side of the fence is facing towards the neighboring properties, exposing the structural side to the party requiring or requesting the fence. Alternating board fences which are finished on both sides shall be considered as complying with this section. (2) Both sides of the fence shall be maintained in a condition of good repair. (3) Any fence that is potentially dangerous to the public safety or health by reason of construction or sharp projections or protrusions shall be removed or repaired. (4) Any fence over six feet in height shall be constructed of a nonmetallic material and shall be 90 percent opaque, unless the fence is used for security purposes in the I districts. (5) Any fence or wall constructed over six feet in height shall be considered a structure, require a building permit, and meet all uniform building code requirements for a structure. Aad Kris Aaker From: Julie Klima Sent: Thursday, June 13, 2013 3:33 PM To: Kris Aaker Subject: FW: Retaining Walls Hi Kris, In response to your question regarding retaining walls in Eden Prairie: • Can be constructed to up to the property line; • Anything over 4 feet would require approval of a building permit; • There is not a requirement for terracing; • Building permit may be reviewed for potential conflicts with drainage; • Staff recommends that retaining walls be outside of easement areas. I hope this is helpful information — if you have any other questions, please let me know. Thank you, Julie Julie Klima Senior Planner City of Eden Prairie C-9 8080 Mitchell Road I Eden Prairie, MN 55344-4485 org APlease consider the environment before printing Aa� �QF at:ecrtic d center 210 Lottie Street BdkVhM WA 98225 phone: 360-778-8300 �� fax: 380-778-8301 RSHt N www.cob.org FENCES, WALLS AND HEDGES AT SINGLE FAMILY RESIDENCES (Bellingham Municipal Code 20.30.110) 1. HOW HIGH CAN I HAVE A FENCE, RETAINING WALL, OR HEDGE? Fences, walls and hedges that are located within a required yard* shall not exceed the following eig t limits (see also Figure 1.): • Front yard on an interior lot: 54"(4W') • Front yard on a corner lot: 42"(3'6") • Side yard on a flanking street: 42"(3'6") • Interior side and rear yards: 72"(6') • Vision Clearance Triangle: 36"(3') Height is measured from the ground level adjacent to the outside edge of the wall or fence. When fences are constructed on top of walls, both are included in the calculation of height. * The zoning code sets retaining walls), and handout if you need to determine the required yards for your lot. 2. WHAT IF I WANT A TALLER FENCE, RETAINING WALL OR HEDGE THAN IS ALLOWED? You may submit a request for an over -height fence or wall (a building permit may also be required, see question 4). An over -height fence request is subject to joint approval by the Planning and Public Works Departments. Application forms and fee information are available in the Permit Center. You will need a site plan showing the location of the proposed fence and all buildings within 50' and an illustrative drawing of the fence, type of construction material, and the proposed height. The application also requires the written consent of all Property owners abutting the propose en Tip:J Over -height retaining walls are discouraged. Terraced retaining walls separated by at least a five-foot (5') wide planting area are preferred when higher slopes must be supported. The heights of retaining walls that are separated horizontally by at least five feet (5') are not added for the purpose of determining total allowed height under the zoning code (inquire with Building Services to determine whether the terraced retaining wall will require a building permit.) A ��-- Tip: Sight obscuring over -height fences, that extend across the full width of a lot on the street side are also discouraged. If a taller fence is desired for privacy, it should only enclose a portion of the front yard or the side yard on a flanking street. If you are not able to obtain approval, you may consult with Planning staff to determine whether there are other options through variance or appeal. 3. HOW CLOSE TO THE PROPERTY LINE CAN A FENCE, RETAINING WALL OR HEDGE BE PLACED? There are no setback requirements if your proposed fence, wall, or hedge does not exceed these maximum height limits and does not require a building permit. 4. WHEN DO I NEED A BUILDING PERMIT FOR MY FENCE, RETAINING WALL, OR HEDGE? Fences: A building permit is required for fences over 6 feet high. Retaining walls: A building permit is required for retaining walls if they are either over 4 feet in height measured from the bottom of the footing to the top of the wall, or supporting a surcharge (like a building or a parking area) or certain liquids. 5. WHERE DO I GET A BUILDING PERMIT? Building permits are applied for with Building Services in the Permit Center. You may submit your building permit application at the same time as your over -height fence request, but any changes required to be made to the building permit submittal by the over -height fence review are the applicant's responsibility. 6. DO I NEED ANY OTHER PERMITS FOR MY FENCE, RETAINING WALL OR. HEDGE? An encroachment permit is only required for the construction of a fence in the right-of- way since block or rock walls and hedges are considered landscaping and do not require a permit. However, in the event the right -of way is needed for public improvements the fence, wall or hedge will need to be removed at the owner's expense. Poured in place retaining walls, or any wall that would require a building permit, are not allowed to be constructed in the right-of-way and any trees to be planted in the right -of way require a Street Tree Permit. If you are not sure where your property lines are, Permit Center staff may be able to help identify them. If not, a survey by a Professional Land Surveyor (PLS) may be required. 7. HOW CLOSE TO THE EDGE OF THE ROAD OR BACK OF THE SIDEWALK CAN A FENCE, RETAINING WALL OR HEDGE BE PLACED? • No sidewalks present -a 10' (ten foot) setback from the paved edge of the road is required (per City of Bellingham Development Guidelines 4-13, Construction Specifications) for clear -zone distance. • Only a curb and gutter present - a 10' (ten foot) setback from the face of the curb to any fixed object is required (per Development Guidelines 4-11, Lateral Clearance) for clear -zone distance. • Sidewalk is present - a 3' (three foot) setback from the back edge of the sidewalk is required for potential use of other street side features such as traffic signs or for access for sidewalk maintenance. *IMPORTANT: Utility locates are required prior to any digging per RCW 19.122.030 and although setbacks are required, they will be determined on a case by case basis. Fences are not permitted to be constructed on top of water, sanitary or storm sewer mains or any other pipelines; however landscaping is permitted, but at the owner's risk and responsibility in the event maintenance or repairs are required. Contact Public Works Staff at the Permit Center for assistance. N � 8. Figure 1. Fence, Wall and Hedge Height Limits when located in Required Yards Alley Rear Yard 6' Rear Yard 6' ------------------------- , ' io ! � m �a L ! , Corner Lot O 1 _ ��- (a ! -------------------------------�---- Front Yard Front Yard 41611 31617 Property � Line Side Flanking Street Street Vision Clearance Triangle (see Figure 2) 3' /Ail Figure 2. Vision Clearance Triangle Street Right (Property Lir 20' A a% 20' MASONRY FENCE WALLS AND RETAINING WALLS Residential Masonry Fence Wails �Zw,.,Ing Walls Page I of 19 Revision Date: 08"11 - C Gunn MhAndowt Is for infwrrratbnal parpases 0,11Yand Am"" t1a feUeJ on ki ptace nw a ry or WSAMalws no at wMantles as too. awwacy, thatJormigooprovided via the handoutCustorrms and dthoossre parsonaRy rarponAle, for romoftwith albeat, stateand federal tam pertakft 10 pwfectsvAtNo the dty- C*#aesoftlw aTYOF MESA adopted codes and Zonkv Ordinances can be fowAM lheckvwdww atwwwfflemauevoratthe C11YOF AlBAOM100ment Serviceslocated at SS North Center street. MessArkmw Aal Development & Sustainability .AQU�L S5 North ceaw Street P.O. Bax 14" mesa -az Man Adrona 85211-1466 www.mesaaz.gov 48G-644-4273 Tel 480444-2418 Fax MASONRY FENCE WALLS AND RETAINING WALLS Residential Masonry Fence Wails �Zw,.,Ing Walls Page I of 19 Revision Date: 08"11 - C Gunn MhAndowt Is for infwrrratbnal parpases 0,11Yand Am"" t1a feUeJ on ki ptace nw a ry or WSAMalws no at wMantles as too. awwacy, thatJormigooprovided via the handoutCustorrms and dthoossre parsonaRy rarponAle, for romoftwith albeat, stateand federal tam pertakft 10 pwfectsvAtNo the dty- C*#aesoftlw aTYOF MESA adopted codes and Zonkv Ordinances can be fowAM lheckvwdww atwwwfflemauevoratthe C11YOF AlBAOM100ment Serviceslocated at SS North Center street. MessArkmw Aal Development & Sustainabiiity MWA�k S5 North Center Street 1 I esa-az P'52110. Box 1466 Nessa Arizona 885211-1466 www.ntesaaz.gov 4M64"273 Tel 480-644-2418 fax This information covers the basic requirements for the construction or replacement of a residential masonry fence wall or a masonry retaining wall for single-family residence. A building permit is NOT required for construction of a new residential masonry fence or masonry retaining wall to include replacement or modification of an existing fence or retaining wall per City of Mesa Design Guidelines Chapter 14 at Mesa City Code - Title 11. Chapter 14 Building Permits. A building permit shall not be required for the following: (4242). (b) Fences not more than six feet (61) (1,829 mm) high located on property zoned for single residence uses, provided the fence is not located on a property subject to the Desert Uplands Development Standards, is not located in a Historic Preservation Overlay District or on a site designated as a historic landmark and is not located on a public easement. (4242,4579,4807) However, the construction of the fence or retaining wall must meet structural code requirements and City of Mesa Zoning Ordinance. The code requirements for each installation will vary depending upon the size of the structure, the materials of construction, the proposed location on property and the zoning district of the property. Additional information can be found at the Arizona Masonry Guild. PLEASE NOTE; The following information is made available to assist you in preparing for and obtaining your project specifications and/or working drawings. MASONRY FENCE WALLS And RETAINING WALLS Masonry wall construction is used for fencing and is an element in landscape design. It can be an impressive feature, but building one can be an intimidating task. This is especially true if you have never attempted this before. But it is a project you can do if you do the proper planning and learn the right techniques or hire a well experienced contractor. You will also need some patience since this project can take time. At the end you will have a permanent feature you can feel proud of. Often retaining walls and landscape walls are low structures. There are a couple of different kinds of walls. One type is drat with no mortar to hold it together. 'These are usually made of stone and no footing is required. The other type uses mortar to hold the masonry together and they require a tooting. Usually a mortared wall is made of brick, concrete blocks, or stone. Freestanding walls are decorative in function. Aesthetics are a major consideration. Another kind of wall is a retaining wall a wall that retains earth behind the wall. They also must be pleasing to the eye but they must be strong enough to support the earth they are supporting. These are often on a hillside or slope and can level an area of the landscape or keep soil from eroding. DEFINITIONS FENCE, SCREEN WALL, AND/OR RETAINING WALL: Freestanding, self-supporting structures constructed of durable wood, chain link, metal, masonry, or other standard fencing materials. Designed to provide privacy, security, screening, or bank retention between grade separations. (3388) Residential Masonry Fence Walk & Retaining Walls Page 2 of 19 Revision Date: 08/8/2011- C Gunn A.10 AIM 40 mesa-az W".mesaat gov Development & Sustainabiilty 55 North Center Street P.O. Box 1466 Mesa Arizona 85211-1466 480.644-4273 Tel 480.644-2418 Fax CORRAL FENCING: An enclosure or pen for horses, cattle, or similar livestock with a maximum height of six feet (6'). Between the height of three feet six inches (3" 6") and six feet (6") the fence shall be constructed so that a minimum of sixty-six percent (66%) of the fence is open or transparent. (4681) STRUCTURE: Anything which is built or constructed or any piece of work artificially built up or composed of parts, including but not limited to, buildings, fences, towers, overhead transmission lines, and mechanical equipment. (2658) MASONRY FENCING: Masonry fencing can typically be of 4 basic construction types, however, there are many other types of masonry/concrete product available. Tlic most common type found in the majority of residential developments is the Interlocking Fence Block system. Interlocking:- Fence Block are designed so that there is no mortar used at the vertical joints, making it easier for the do-it-yourselfer to construct a block fence or garden wall. The block interlocks with each other in a tongue and grove fashion, allowing for quicker installation while maintaining the highest quality. Pilaster block are designed to vertically reinforce the interlocking fence block at specified intervals. Interlocking Fence Block is available in a variety of architectural textures and colors to give virtually unlimited design possibilities. As with all construction, please follow all manufacture recommended design and installation requirements. Interlocking Fence Block is available as a medium weight hollow non load bearing masonry unit. Interlocking Fence Block units are available in 4", 6" and 8" (normal) widths by 8" height. Colors generally come in gray, beige, brown, rose, buff and purple haze. Another common block type used in fence walls and retaining walls is the Gray Concrete Block, typically 8x8xl6 in size, is used in a wide range of applications wherever solid, dependable and economical walls are required. As with all concrete masonry units &MU), gray block is strong and weather resistant. It does not rust, nor warp, nor does it provide a cellulose food for mold or insects. With thermal mass, it's energy efficient, fire resistant, and termite resistant with great sound dampening qualities - perfect for today's residential and industrial building needs. Gray block like all CMU's are GREEN building materials and can contribute to LEED building points. They are available in a multitude of shapes, sizes, strengths, and weights. Slump Block, The spirit of the Southwest is unmistakable with Slump Block. This block maintains the same basic standard dimensions as regular units. To give slump block is character, the mix "slumps" when removed from its mold. Because of the unpredictable roll in texture when removing the block from the mold, units take the appearance of handmade adobe. Slump block is available in a variety of colors and in some cases; colors can be customized for larger orders (construction of homes or commercial buildings). Stump block is a normal weight hollow load bearing concrete unit. Units are commonly available in 4", 6", 8" and 12" widths with 4" (most common), 6" and 8" heights. Residential Masonry fence Walls & Retaining wafts gage 3 of 19 0 k Revision Rate: 08/8/2011-C Gunn mesa -az %-W W.mesa.MVW LANDSCAPE MASONRY (Dry Stack/Garden}: ABBREVIATIONS: Development & Sustainability 55 North Center Street P.O. Box 1466 Mesa Arizona 85211-1466 480-644-4273 Tel 480-644-2418 Fax Expanding infill land usage, exercise and sports courts, patio development, pet areas, terraces, streetscapes, ponds, beautifying and stabilizing land contours, bird and wildlife sanctuaries, waterfalls, and hanging gardens are but a few of the breathtaking uses of this extraordinary category. Yet another example of GREEN building materials they can be designed to encourage ground water recharge by absorbing storm water run-oi& thus adding LEED points in both residential and commercial applications. The supplier and local building officials are often glad to give assistance regarding design guidance of these products. w/N = WITHIN Q.C. = ON -CENTER PRESS. = PRESSURE TREATED P.U.E. = PUBLIC UTILITY EASEMENT DIM = DIMENSIONS IBC = INTERNATIONAL BUILDING CODE IRC = INTERNATIONAL RESIDENTIAL CODE NEC = NATIONAL ELECTRICAL CODE UBC = UNIFORM BUILDING CODE FEMA = FEDERAL EMERGENCY MANAGEMENT AGENCY Residential Masonry fence Walk & Retaining Walis Page 4 of 19 A ! .` Revision Date: 08/8/2011- C Gunn CAP W-= Landscape masonry has many specialized categories COMCPAiE — such as retaining wall block and their accessories, ADtESIVE, pavers, patio stepping pavers, outdoor barbeyues, architectural castings, rock and stone, etc. Many PIN retaining wall blocks are colorful split face units utilizing mortarless methods. Pavers are increasing in their presence in the American landscape. Because of their intimate relationship with the earth, ground RE NATIVE sal: preparation and proper overall design is part of successful outdoor enrichment and property value SAND enhancement. 4'T06" COMPACTED' , BASE MATERAI:` ABBREVIATIONS: Development & Sustainability 55 North Center Street P.O. Box 1466 Mesa Arizona 85211-1466 480-644-4273 Tel 480-644-2418 Fax Expanding infill land usage, exercise and sports courts, patio development, pet areas, terraces, streetscapes, ponds, beautifying and stabilizing land contours, bird and wildlife sanctuaries, waterfalls, and hanging gardens are but a few of the breathtaking uses of this extraordinary category. Yet another example of GREEN building materials they can be designed to encourage ground water recharge by absorbing storm water run-oi& thus adding LEED points in both residential and commercial applications. The supplier and local building officials are often glad to give assistance regarding design guidance of these products. w/N = WITHIN Q.C. = ON -CENTER PRESS. = PRESSURE TREATED P.U.E. = PUBLIC UTILITY EASEMENT DIM = DIMENSIONS IBC = INTERNATIONAL BUILDING CODE IRC = INTERNATIONAL RESIDENTIAL CODE NEC = NATIONAL ELECTRICAL CODE UBC = UNIFORM BUILDING CODE FEMA = FEDERAL EMERGENCY MANAGEMENT AGENCY Residential Masonry fence Walk & Retaining Walis Page 4 of 19 A ! .` Revision Date: 08/8/2011- C Gunn — Development & Sustainability .MIL 55 North center street i ' esa- P.o.2111" MesaArimna 85211-1A6ti www.mesaaz.gov 480-""273 Tel 480-644-2418Fax Retaining' Walls Retaining walls are built in order to hold back ground which would otherwise move downwards. Their purpose is to stabilize slopes and provide useful areas at different elevations, e.g. terraces for agriculture, buildings, roads and railways. Definition A retaining wall is a structure designed and constructed to resist the lateral pressure of soil when there is a desired change in ground elevation that exceeds the angle of repose of the soil. The basement wall is thus one form of retaining wall. However, the term is most often used to refer to a cantilever retaining wall, which is a freestanding structure without lateral support at Its top. Typically retaining wails are cantilevered from a footing extending up beyond the grade on one side and retaining a higher level grade on the opposite side. The walls must resist the lateral pressures generated by loose soils or, in some cases, water pressures. The most important consideration in proper design and installation of retaining walls is to recognize and counteract the fact that the retained material is attempting to move forward and downslope due to gravity. This creates lateral earth pressure behind the wall which depends on the angle of internal friction (phi) and the cohesive strength (c) of the retained material, as well as the direction and magnitude of movement the retaining structure undergoes. Lateral earth pressures are zero at the top of the wall and - in homogenous ground - increase proportionally to a maximum value at the lowest depth. Earth pressures will push the wall forward or overturn it if not properly addressed. Also, any groundwater behind the wall that is not dissipated by a drainage system causes hydrostatic pressure on the wall. The total pressure or thrust may be assumed to act at one-third from the lowest depth for lengthwise stretches of uniform height. Unless the wall is designed to retain water, It is important to have proper drainage behind the wall in order to limit the pressure to the wall's design value. Drainage materials will reduce or eliminate the hydrostatic pressure and improve the stability of the material behind the wall. Drvstone retaining walls are normally self - draining. As an example, the International Building Code requires retaining walls to be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift; and that they be designed for a safety factor of 1.5 against lateral sliding and overturning. Residential Masonry Fence Walls & Retaining Walls Page 15 of 19 % I Revislon Date: 0818/2011- C Gunn r l r. mesa -az www. nesaaz.gov Development & Sustainability 55 North Center street P.O. Box 1466 Mesa Arizona 85211-1466 480444-4273 Tel 480.644-2418 Fax Simplified explanation of typical retaining walls Gravity wall`°,«'* Piling wall r,.w....d.. Cantilever wall r..r ,.., ..^..«. Anchored wag r n...,»...�«. CAa1W--W-.ft We.g1.e M.e,rav i//r// �.>o•.r.� W «�ER�) WxMe Wresscfr i.,.r ►.,., Mt/ —171n/r/r ti^kr,w�MNrsaMl m.xr.e Fw.,«... Gwrl wo�sPr�aM //// Itra.tl.a pro...w ; ///// Ems" amw.a«.u�rrr�w..►awww.�aor .AFQwycra�wNtiw Arrasrawr�wylM► �t p1e��+w«we.u.aa�.ri.s.ra M+ ►���aar.�oa.yu. a.rr...aaeu.arws.�rr.ww.rMa.�..�. ...wte+.4+R�tir►w.ou.atlw...rb..� w.aw..dar.wr�y,x�,yW.wwww�.wres y.�.ay�anu..a.weYd.i�.ra.tW Block Wall Construction Tips • Build the corner first and then fill in between the corners to form the courses. Build the leads several layers high before filling them in with the blocks between them. • if you have to apply mortar to block ends then set then on in end and apply the mortar to all of them at once. • When excess mortar needs to be removed wait until it starting to dry and then scrape it off. If you remove it from soft mortar you can mar the surface. • Strike the joints in small sections, if you are going to put a finish like stucco on the wall then just scrape off the extra mortar instead of spending the time to strike the joints. • When you have finished the wall and the mortar has dried use a stiff brush to remove any dirt or excess mortar. Brick Wall Construction Tips • A foundation or footing of the wall is essential for a durable brick wall. The ratio of foundation to wall is 3:1. For every 3 feet of wall height the foundation should be set l foot deep. The width of your foundation should be four times the brick width. • Pour water on the brick so they don't absorb the water in the mortar. • Be sure to use a level when laying each course. • Use a trowel to fill in any gaps in the brick with mortar. • if using vertical rebar, the core that the rebar is in must be filled with grout. These tips will help you to build a wall you can take pride in. VE". Rom IN GRM-FILLED CONE "V.) Residential Masonry fence Wails & Retaining Wafts Page 16 of 19� Revision Date: 08/8/2011 - C Gunn .AWW mesa -az. www.mesaazgov Additional Reference Information and Examples: 0 Development & Sustainability SS North Center Street P.O. Boa 1466 Mesa primm 85211-1456 480.644-8273 Tel 480-644-2418 Fax Fence/Wall on Common Property Lin_ e Neighboring Property towner Authorization Authorization Is required to be signed by all affected property owners. Name: Address: Subject Property Address: I hereby authorize my neighbor (above) to construct a fenceM+all on our common property line. I acknowledge that the construction of such wall will require footings that extend Into try property and that workers Will require access to my property during construction. Neighbor Nannie (please printf: Neighboring Property Address: Neighbor Signature: Date: Maintenance of the fence/WA will be the responsibility of: F Both property owners jointly r Solely the responsibility of: Neighbor Name (please print): Neighboring Property Address: Neighbor Signature: Date: Maintenance of the fencelwall will be the responsibility oF. n Both property owners jointly f Solely the responsibility of: Neighbor Name (please print): Neighboring Property Address: Neighbor Signature: Date: Maintenance of the fenoelwall will be the responsibility of. r] Both property owners jointly n Solely the responsibility of. nulla constructed on a common property line may require written approval from your homeowners association and adjacant neighbor(iii) at the aiscretios of the city. rt shall be the responsibility of the property owner performing the work to secure such approval(:). Residential Masonry Fence Walls & Retaining Walls Page 17 of 19 Revision pate: 08/8/2011- C Guam Palmer Township, Pennsylvania Fence and Wall Zoning Regulations Based on Palmer Township's Zoning Ordinances (Designed and Printed January 2012) THE USE OF THIS PACKAGE IN LIEU OF SUBMITTED DRAWINGS APPLIES TO RESIDENTIAL FENCES. FENCES MUST BE CONSTRUCTED IN CONFORMANCE WITH PALMER TOWNSHIP'S ZONING ORDINANCES AND THE 2009 INTERNATIONAL BUILDING CODE, WHICH SUPERCEDES ANY DISPREPANCY LOCATED HERE WITHIN. Al � 4 k C � f S THE USE OF THIS PACKAGE IN LIEU OF SUBMITTED DRAWINGS APPLIES TO RESIDENTIAL FENCES. FENCES MUST BE CONSTRUCTED IN CONFORMANCE WITH PALMER TOWNSHIP'S ZONING ORDINANCES AND THE 2009 INTERNATIONAL BUILDING CODE, WHICH SUPERCEDES ANY DISPREPANCY LOCATED HERE WITHIN. Al � FENCE — A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man- made barriers constructed principally of masonry, concrete, cinder block or other materials shall be considered a wall. The term "wall' does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs. (amended 12-17-2001 by Ord. No. 2001-311) FENCES, WALLS, HEDGES (a) Unless otherwise stated, these uses shall be allowed in all districts. (b) Setback from roads. No fence, structure, wall or continuous hedge shall be located within the existing right-of-way of a public street. In addition, the sight -distance requirements of § 190-194C shall be satisfied (see Figure 1). (c) Fences. [1] Any fence located in the required front yard of a use in the LDR, MDR, HDR or HDR -II Districts or of any primarily residential use shall have a minimum ratio of 1:1 of open to structural areas and shall not exceed four feet in height. Such fences shall be of split -rail or picket -fence type of wood construction. 48' Figure 1: Example of open ratio 1:1 [2] Fences may be located on a lot line. [3] A fence that is not regulated under Subsection E(7)(c)[1 ] above or Subsection E(7)(c)[4] below may have a height of up to six feet and may be solid. [4] For nonresidential principal uses or within the RA districts, fences may have a maximum height of nine feet. [5] A fence of up to 10 feet may be allowed in a rear yard in any district for the sole purpose of enclosing a court for racquet sports. [6] If one side of a fence is more finished or flatter than another side of a fence and the fence 43-1 faces onto an abutting dwelling or street, then the more finished or flatter side should face onto the abutting dwelling or street. [7] Barbed wire or electrified fences shall not be used surrounding a dwelling. If a property is located on a corner, front yard setbacks occur for any property line abutting a street, which relates to the sight triangle. C. Sight distance (or triangle). — An area required to be kept free of visual obstruction. (1) Sight distance at intersections. (a) Purpose. To ensure that traffic passing through an intersection or turning onto a street can safely see oncoming traffic. (b) A triangular area as described in this section shall be graded and shall be kept free of sight obstructions between the ground level and a height of 10 feet above the center -line grade of the intersecting streets, including structures, nontransparent fences, vegetation and signs (but not including mowed grass, posts of official signs which must be located in the sight triangle because of their function or the trunks of existing trees whose branches are kept clear of the sight triangle). [Amended 12-17-2001 by Ord. No. 2001-3111 (c) This sight distance triangle shall be shown on development plans submitted to the Township and be shown on any plan required to be recorded. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land. (d) Such triangular area shall be bounded by the intersecting street center lines and a diagonal connecting two points, one which is at each end of the center lines of each street as follows: [1] One hundred fifty feet from the intersection of such street center lines, if either street is an arterial street (see Figure 2). [2] One hundred feet from the intersection of such street center line if either street is a collector street (see Figure 2). [3] Seventy-five feet from the intersection of such street center line if both streets are local streets (see Figure 2). (2) Sight distance at intersections of driveways or accessways with streets. (a) A triangular area as described in Subsection C(1) above shall be graded and shall be kept free of sight obstructions between the ground level and a height of 10 feet above the center -line grade of the intersecting driveway, accessway or street, including structures, nontransparent fences, vegetation and signs (but not including mowed grass, posts of official signs which must be located in the sight triangle because of their function or the trunks of existing trees whose branches are kept clear of the sight triangle). [Amended 12-17-2001 by Ord. No. 2001-311] (b) This sight distance triangle shall be shown on development plans submitted to the Township and be shown on any plan required to be recorded. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land. (c) Such triangular area shall be bounded by the intersecting street center lines and a A -M diagonal connecting two points, one of which is at each end of the center line of each street, accessway or driveway 30 feet from the intersection of such center lines. (d) No sign shall be placed or vehicle parking located in such locations that would obstruct clear sight lines necessary for the safe movement of traffic out of any driveway or accessway onto a street. Indicate fence 1: properl any) cannot install In township right-of-way 100' If either, street is a collector street 75' if both streets are tocol streets Figure 2 triangle not instati) Retaining walls that are not laterally supported at the top and that retain in excess of 24 inches of unbalanced fill shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Retaining walls shall be designed for a safety factor of 1.5 against later sliding and overturning. Engineering retaining walls to hold back slopes of earth shall be permitted upon approval of a zoning permit containing a complete set of construction plans. Guards may be required (check with Building Official). ' Any wail higher than three (3) feet in the required front yard of a residential use in the LDR, MDR, or HDR districts shall require a special exception, and shall be permitted only if compatible with the character of the area. 4 PERMIT APPLICATION SUBMITTALS Site plan and fence/wall details are required to be submitted when applying for a fence permit. The site plan must include the fence in reference to the house and property lines (see example below). This shall indicate the setbacks of the fence/wall, if any, from the property lines. Any misrepresentation will be handled by our Zoning and Building Department and may impose violations, fines and the removal of such installed structures. Fence details including the size, measurements and cost of the materials of the fence or barrier shall be included when applying for a permit. If a contractor is installing a fence, please supply contractor's name, address and phone number. Once one has applied and paid for the permit, it will undergo the approval process. The zoning and building departments shall have 15 days to review each application and contact the owner or agent with any questions/concems. When the permit is approved, it will be mailed to the applicant's house. Please post such permit in a window/door visible from the street during the construction project. indicate fence I! properi any) ------------------------------ cannot Install In easement unless agreement has been flied cannot install In township rlght--of- way Figure 3: Example of Plot Plan curb (f t) Permit price for fence: Under 32 linear feet = $25.00 / 32 linear feet or greater = $50.00 Permit price for wall: $25.00 _ 5 `v Engineering Department - Phone 952-826-0371 Fax 952-826-0392 + www.0tyofEdinaxorn Date: June 21, 2013 To; Cary Teague — Community Development Director From: Wayne D. Houle, PE — Director of Engineering Re: Proposed Code Changes Engineering has reviewed the proposed code changes and recommend the following. 850.07. subd.7. Drainage: We recommend that you minimally modify this section until staff has an in-depth discussion on how the reconstruction projects affect the City both globally and on individual sites. For instance, if we substantially increase the imperviousness of the City it will adversely affect the storm sewer system, including flood storage within the City. Staff is anticipating that we will have this discussion prior to the December submittal of the City's Municipal Separate Storm Sewer System (MS4) permit that is required by the Minnesota Pollution Control Agency. Therefore we recommend the following changes to this section: I. Drainage - No person shall obstruct or divert the natural flow of runoff so as to harm the public health, safety or general welfare. Surface water runoff shall be properly conveyed into storm sewers, watercourses, ponding areas or other public facilities. As part of the building permit, the applicant must submit a grading and erosion control plan along with a stormwater management plan that is signed by a licensed professional engineer. The stormwater management plan must detail how stormwater will be controlled to prevent damage to adjacent property and adverse impacts to the public stormwater drainage system. The plans must be approved by the city engineer and the permit holder must adhere to the approved plans. Retaining Walls: We agree with the proposed change of requiring a three foot setback for retaining walls taller than four feet. C weer CO& rarietmAx Engineering Departnwnt - 7450 Metro Blvd - Edina, MN 55439 Mickie Turk 6141 Brookview Avenue Edina, MN 55424 Mayor Hovland and Edina City Council members Edina Zoning Commission members Edina Planning Commission members City Manager Scott Neal City Planners Cary Teague and Kris Aake June 10, 2013 Dear Sirs and Madams, My name is Mickie Turk, and I reside at 6141 Brookview Avenue. Next door to me, Traditions by Donnay Homes is constructing a new house on a fifty -foot lot. As respectful and helpful, and code -abiding, and as much attention as he has paid to design value, Mr. Donnay is building a house far too big for the space. From every direction, the house looks like a mistake. My former neighbor, Barb Nelson, sold her house to Traditions by Donnay Homes after learning JMS was going to build a huge house next to her on the north side. Afterwards, she left me with a giant house on my north side. Right now, on seventy -five-foot lots, coverage is twenty five percent. The coverage on fifty -foot lots is thirty percent. There should be no difference. Too much coverage causes water run-off problems. When there is too much hard surface, especially when you consider the addition of ten or twelve -foot driveways, water cannot soak into the ground. Instead, the water can potentially flood the neighbor's yard and driveway, and/or overwhelm storm sewers and streets. Next, code states that setbacks for garages are different than for houses. When a garage is attached to a house, it still feels like it is part of the house. If the garage is attached, it should be considered the same way a house is, whether it has living space over it or not. Fire hazards: if houses are built too close to each other, there is the potential for fire to spread easily and quickly. A good example of this is the massive house on Fairfax, between 59`i' and 60", which sits between two small ramblers. On the south side, the difference between the two homes' eaves is two -and -a -half feet. They are practically touching. I am also worried about my house taxes going up to reflect the erection of new massive and expensive homes on my block. After living in my home for twenty- five years, and finding retirement around the corner, I am not looking forward to an additional financial burden. Finally, I believe that Edina City Council member, Josh Sprague should recuse himself from voting on amendments to Zoning Ordinance 850. He is a residential realtor for Edina Realty and makes a living from selling homes; the bigger the house the more he stands to gain in profit. Mr. Sprague cannot therefore, be considered impartial in voting matters such as mass, setback, and height of new construction. Respectfully, Mickie Turk Lot size Area Current lot coverage % Current max. footprint sq. ft. Proposed lot coverage 25% max footprint Max footprint difference sq. ft. (°�)' Current interior side yard setback Setback as % of lot width Proposed interior side yard setback (25% of lot width) Interior side yard setback difference 48 x 125 6,000 30% 1,800 1,500 -300 (-5%) 10' total About 20% 12' total +2' 48 x 150 -7,200 30% 2,160 1,800 -360 (-5%) 10' total About 20% 12' total +2' 48 x 175 8,400 About 27% 2,250* 2,100 -150 10' total About 20% 12' total +2' 50 x 125 6,250 30% 1,875 1,563 -312 (-5%) 10' total 20% 12' 6" total +2' 6" 50 x 150 7,500 30% 2,250 1,875 -375 (-5%) 10' total 20% 12' 6" total +21611 50 x 175 8,750 About 26% 2,250* 2,188 -62 (-1%) 10' total 20% 12' 6" total +2' 6" 55 x 125 6,875 30% 2,063 1,719 -344 (-5%) 10' total 18% 13' 9" total +31911 55 x 150 8,250 About 27% 2,250* 2,063 -187 (-2%) 10' total 18% 13' 9" total +31911 55 x 175 9,625 25% 2,406 2,406 -0 10' total 18% 13' 9" total +3' 9" 60 x 125 7,500 30% 2,250 1,875 -375 (-5%) 10' total 17% 15' total +5' 60 x 150 9,000 25% 2,250 2,250 -0 10' total 17% 15' total +5' 60 x 175 10,500 25% 2,625 2,625 -0 10' total 17% 15' total +5' 65 x 125 8,125 About 28% 2,250* 2,031 -237 (-3%) 13' 4" total About 20% 16' 4" total +3' 65 X-150 9,750 25% 2438 2,438 -0 13' 4" total About 20% 16' 4" total +3' 65 x 175 11,375 25% 2,844 2,844 -0 13' 4" total About 20% 16' 4" total +3' 70 x 125 8,750 About 26% 2,250* 2,188 -62 (-1%) 16' 8" total About 24% 17' 6" total +10 inches 70 x 150 10,500 25% 2,625 2,625 -0 16' 8" total About 24% 17' 6" total +10 inches 70 x 175 12,250 25% 3,063 3,063 -0 16' 8" total About 24% 17' 6" total +10 inches 75 x 125 9,375 25% 2,344 2,344 -0 20'totaI About 27% 20'total same 75 x 150 11,250 25% 2,813 2,813 -0 20' total About 27% 20' total same 75 x 175 13,125 25% 3,281 3,281 -0 20' total About 27% 20' total same 80 x 125 10,000 25% 2,500 2,500 -0 20' total 25% 20' total same 80 x 150 12,000 25% 3,000 31000 -0 20' total 25% 20' total same 80 x 175 14,000 25% 3,500 3,500 -0 20' total 25% 20' total same *2,250 cap 1 Elimination of second story setback will provide option of additional second floor sq. ft. and offset reduction lot coverage Janovy 6-12-13 Cary Teague From: Jennifer <rjmeyovy@comcast.net> Sent: Tuesday, June 11, 2013 12:49 PM To: Cary Teague Cc: Kris Aaker; Kevin Staunton (kevin@stauntonlaw.com); 'Michael.Platteter' Subject: Re: Questions about June 12 staff report Thanks, Cary. Yes, it's ok to share with the planning commission. Please share the answers, too. The impact of eliminating the additional second story setback will also impact lots 50'-60' wide if the option of a 5' minimum on one side is utilized. A house may currently be at 5' setback on one side, and with the changes, it could still stay at 5' on that side and the second story could be closer to the lot line. Jennifer On Jun 11, 2013, at 11:08 AM, Cary Teague wrote: Hi Jennifer, Very good questions. In regard to lot coverage; the Planning Commission is aware of the cap on lot coverage for lots less than 9,000 square feet in size. Your table is helpful. I would be glad to put your email in front of the Planning Commission tomorrow night if you would like? I have asked engineering to prepare a response to your question on drainage. In regard to side yard setback, you are right that a 5 -foot setback would still be required for lots 49 feet wide or less, and the second story would be closer. For lots 50 feet or wider, the side yard setback is increasing up to two feet. Good catch on the window well question for front yard setbacks; you are right that the concern is for side yard setbacks. It may be best to exempt them from a front or rear setback requirement. Cary Cary Teague, Community Development Director <Lma e001. ifs 952-826-04601 Fax 952-826-03891 Cell 952-826-0236 g g deaoueaEdinaMN.gov I www.EdinaMN.00v/Planning ...For Living, Learning, Raising Families & Doing Business From: Jennifer [mailto:rimeyoyyCabcomcast.net] Sent: Monday, June 10, 2013 1:25 PM To: Cary Teague; Kris Aaker Subject: Questions about June 12 staff report Cary and Kris, Thank you for all the work you have put into revising the residential zoning code. I've reviewed the materials in the June 12 Planning Commission packet and am writing to seek clarification about a few points. Lot Coverage The staff report reads: "Building Coverage was originally recommended to be revised to be uniform throughout the City at 25%. That would have been a change for lots less than 9,000 sq. feet in size, as they are now allowed 30% lot coverage." The current code reads: "Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet." It's possible I'm misreading the code, but lot coverage on lots less than 9,000 sq. ft. appears to be less than 30% in some cases because of the cap: Lot size Max building coverage Percentages (rounded in some cases) 7,000 2,100 30% 7,500 2,250 30% 7,750 2,250 29% 8,000 2,250 28% 8,250 2,250 27% 8,500 2,250 26% 8,750 21250 25.5% 9,000 2,250 25% Is this accurate? If yes, does an understanding of this point in any way change the discussion? Drainage The current code, in part, reads: "Surface water runoff shall be properly channeled into storm sewers, watercourses, ponding areas or other public facilities." I remember some discussion on the Council about what that means. Does it mean that water must be directly channeled into one of these facilities, or can water be channeled over other private property and into a facility? If the latter, then if Property A drains through Property B and Property B redevelops and Property A can no longer drain onto Property B, what happens? Will the issues be identified in the review process and addressed? How is "drainage rate" defined (and should it be defined in the code)? Is rate the speed at which water flows, or the volume and speed? If the speed only, does this mean it's OK to increase the volume of water that flows onto adjacent properties? Elimination of second story setback The elimination of this requirement will allow the option of a full second story at maximum interior side yard setbacks. This will have the impact of bringing the second story closer to the interior side lot line. In some cases (where the regular or minimum setback is 5'), the house will be closer to the lot line than it can be today. Was the impact of this considered? Egress window well setback The front setback for an egress window well is proposed to be 30'. If a house is at 30' now, or less than 30' now, would a front egress window well require a variance? My memory is that the concern about window wells had to do with window wells on side lots, not front or back. Is it necessary to have a front setback for egress window wells? Thanks for your time on this. Please let me know if you have any questions. Sincerely, Jennifer Janovy PROUD HOMEOWNER IN EDINA February 26, 2013 Cary Teague Community Development Director 4801 W. 50th Street Edina, MN 55424 Devin Staunton Community Development member Dear Mr. Teague and Staunton, I am attaching a letter I sent to the contractors, Elevation and Refined. I realize you have been battling this issue for sometime now and hopefully you are making progress with setting protocols and limitations. This over abundance of building in our neighborhoods - especially the South Harriett neighborhood in which I live - is REALLY getting to be too much. There is SIMPLY no regards for our neighborhood, the noise violations, the constant toll on our new streets with the various large trucks up and down the block, and the end result of how the new construction may not work. I currently live in a beautiful 2100 sq' home that has been MORE THAN ADEQUATE for our family. I understand that new families want "new", they want "spacious" and user- friendly spaces - but why must we allow them to tear down our smaller scaled homes? As I state in my letters to the two contractors, what is being built in the absence of the quaint and different smaller homes, are boring, repetitive homes, We truly are losing our quaint aesthetic footprint and looking more and more like Eden Prairie. Is this what you want? I am begging you and your peers to PLEASE look at what is happening to our neighborhoods. You have heard all the comments before, but it truly a travesty. Please look out for the betterment of our neighborhoods. Thank you. Frustrated Edina homeowener PROUD HOMEOWNER IN EDINA February 26, 2413 Nate Wissink Project Director, Elevation Homes 18312 Minnetonka Blvd Wayzata, MN 55391 Dear Mr. Wissink, I am writing to you on behalf of your once -again soliciting letter regarding our house and our desired. neighborhood. Your letter wrote about having so many "interested buyers" and not "enough homes available". I can not tell you how sick I was to receive, yet again, another contractor's letter describing a desire for us to sell our home to an "interested party". We must get one every other couple weeks. We GET that our South Harriet neighborhood home is positioned in a much desired area, but thanks to you and your peers, our neighborhood is very QUICKLY looking like a new subdivision of Eden Prairie. Thanks to you and your style of construction - we now have neighborhoods being overwhelmed with same -style houses, no yards what -so -ever, and nothing but 30+ young, wealthy families moving in and wiping out our multi -generational neighborhoods. With your big pillar front stoops and your beige siding, we are becoming a very bland neighborhood. I can pick an Elevation .Home out in a heartbeat - not to mention how you decide to pick pockets where your same -ole architecture prevails, one after another. Let me site West 56th Stmt as a prime example. With the two very nice holes you have chosen to simultaneously dig in the last couple of weeks, I have come across about three near accidents with your various trucks in the way and a congested area of people turning off. of Concord Avenue. Not only is your traffic of trucks a huge hassle, but it is very dangerous with the slew of kids that walk to and from Concord and South View. We saw this happen on Woodland Road a year or two ago, with your many projects with repetitive appeal - same, same same. I understand you run a business. I understand that if buyers are willing to buy a perfectly fine home, tear it down and disgustingly build a brand new home, why not? And for this I blame our City officials for not putting an adequate plug on the problem - which is why I am cc:ing them as well. It has become VERY APPARENT that they obviously do not care about the integrity of our neighborhoods and for the multi- generational aspects of our neighborhoods, but only on the greediness of the young buyers and contractors (such as Elevation) and their own business objective - GET MONEY, GET BUILT no matter who goes down and what is left! I am asking you to no longer send out solicitation letters. If we want to sell our beautiful, smaller than average house to you and your peers, we know how to find you and your conglomerating, greedy, creative -less selves. Until then - let us be. Quit taking over our streets, making the messes, producing the constant noise, and tearing down our mature lots with the same "Stepford" homes you and your peers (Great Neighborhood Homes, Refined, etc.) continue to do. Please take your business back to YOUR corporate neighbor in Wayzata - we don't want you here. Signed, A very concerned and frustrated Edina homeowner who would like to look back over my years here and be proud of the neighborhood and how it looked, how it aged and how there was a variety of architecture - all just fine and appropriate to hand down to the next generation without tearing it down and building beige mcMansions. cc: Cary Teague, Edina Planning Commission, Edina City Hall Kevin Staunton, Edina Planning Commission Cary Teague From: Mark C. Dietzeri <mdietzen@lindquist.com> Sent: Monday, April 22, 2013 1:15 PM To: Cary Teague Subject: Zoning Ordinance Amendment.Consideration Mr. Teague, My name is Mark Dietzen: I am an Edina resident and live at 4901 Bruce Avenue. 'I have been monitoring the Planning Commission's discussions on amending the residential zoning ordinances, and wanted to briefly comment on this matter. Although I understand that the amendments are currently being drafted, it appears from a'review of your April 10 memo and from watching the April 10 Planning Commission meeting online that several changes are being explored including increasing side yard setbacks, requiring that window wells be included in the side yard setbacks, decreasing total building height restrictions, and reducing building coverage amounts. . As discussed below, I believe that these proposed changes will have a significant unintended consequence - they will drastically limit an existing Edina homeowner's ability to remodel his or her home. The April 10 proposals and the discussion of the Planning Commission make it clear that perceived abuses in recent new home construction has generated concern in portions of Edina and with the commission. Some residents of Edina are very upset with large, tall houses being built next to much smaller houses and are also fed up with the lack of knowledge, supervision, and monitoring of the building.of these massive structures. Many of these concerns were addressed when the Edina City Council passed an ordinance creating a full-time coordinator position that will oversee teardowns and improve enforcement and consistency of the new home construction market in Edina. The new zoning amendment proposals are intended to go a step further and stop a builder from constructing a house that is too big for the neighborhood. Unfortunately, the proposed amendments will also apply to existing homes in Edina. I am in the process of finalizing remodeling plans for my home in the Country Club District of Edina. I am bound by the same ordinances that would apply to new home construction. In addition, because I live in the Country Club District, must also have my plans approved by the Historic Preservation Board (assuming the front or side fagade of my home is changing (I am on a corner lot)). The proposed zoning changes will significantly constrain my project if they are applied to existing homes. Forexample: Side Yard Setback: If the proposed side yard setback proposals are approved, my home, and I suspect that a great number of homes in the Country Club District and Edina as a whole, will be non -conforming. If this occurs, the existing ordinance allows me to use only an additional 200 feet of non -conforming space. This very small amount of space will dramatically reduce my options for an addition. Basically, I will be unable to build an addition of a size that justifies the construction expense. Further, my lot is irregular in shape. The commission's discussions seem to assume that the lots are all rectangular. Although the front of my lot is 50 feet wide, the rear lot line is 90 feet. Because of this irregular lot, the current ordinance requires that the width of the lot be taken 50 feet from the front of the lot. Will this continue to be the case? . Finally, it is my understanding that both a minimum side yard setback and a combined total side yard setback will be proposed. Because I am on a corner lot, combining the side yard setbacks will not work for my property. Will I be able to use the minimum side yard setback for one side of my home and disregard the total side yard setback requirement? To make matters more complicated, both'the side yard and the street side portion of my home is non- conforming with current setback requirements. How would this fact impact the calculations and impact on my ability to remodel my home and build a modest addition? Window Well Exception: If the window well exception is removed, again, a significant number of homes in the Country Club District and Edina as a whole would be non -conforming. This proposed change would also more significantly limit my ability to build an addition to my home with a window well on the side of the house. I understand that there needs to be space to get from the front yard to the back yard, but including a window well into the setback requirement would force residents in the Country Club District to stop building egress windows on the side of their houses. This does not seem to be the intended result. Height Restriction:_I do not understand how the height restriction is to be applied. Will my proposed addition be in violation of this ordinance if its height matches the existing height of my home (assuming my home is 35 feet tall)? Will new homes being built in the country club district be limited to 30 feet in height when nearly all of the homes in the area are over 30 feet in height? Building Coverage: I believe that a significant number of the lots in the Country Club District are less than 9,000 square feet. If this proposed amendment is passed, a great number of homes in the district will have very limited space to build an addition due to the high density nature of the district. This does not seem to be the intended result. believe that applying the proposed amendments to existing homes in the Country Club District will significantly impact the ability of homeowners in the district to remodel their homes in a modest way in fitting with the neighborhood and surrounding properties. In addition, I believe it will cause new homes being built in the district to be much smaller than the existing homes in the neighborhood. I found the Star Tribune's editorial from March 26, 2013, to be directly on point when the editorial board stated: "Complaints from residents have led Edina officials to consider additional steps. Hiring a full-time coordinator to oversee residential teardowns may improve enforcement and consistency. It's a good move. But the town should be cautious in tweaking its current regulations, 'which seem to be working on most projects. The aim should be to improve consistency, not drive away investment. Another avenue might involve reaching out to builders proactively, letting them know graphically what the community expects, showing them the projects that have worked over the past five years and the ones that have not. Some neighbors will always oppose change, but successful cities are in a constant state of renewal. The trick is to insist on the highest standards and to make sure that new homes, while they may be a bit langer,.don't detract from the character of the existing community." I would urge the Planning Commission to consider the unintended consequences of the proposed zoning ordinance changes on homes in the Country Club District and forego the proposed changes. The new coordinator and the Historic Preservation Board will protect the overall character of the Country Club District and ensure that remodeling, additions and new construction are appropriate. I believe that the proposed zoning ordinance changes tip the balance too far in favor of the status quo. Neighborhoods should be allowed to grow modestly and new investment in properties should be encouraged or neighborhoods will stagnate and decay. Please let me know if you have any questions. Sincerely, Mark Dietzen Cary Teague From: aporter@refinedIIc.com Sent: Wednesday, April 24,.2013 9:52 AM To: Cary Teague; Kris Aaker Subject: Planning commision Cary/Kris, I spent a little bit of time reviewing the agenda for tonight's planning commission meeting and have some concerns. Although I will be unable to be present for the meeting I wanted to make sure the commissioners have a few of my thoughts. Please forward this to the them. 1, It appears the suggested changes would affect everyone on lots under 75 in one way or another. We live in a neighborhood of homes which most lots are 50 x 135. Most of the homes were built in the 40's and 50's and are one story or 1 1/2 story homes with detached garages. These are modest homes with main floor living spaces in the 900 to 1200 sq feet. When you add In the detached garage you are already at/near/over the new proposed hardcover max. The proposed hardcover rules of 25% versus 30% would essentially eliminate the ability of these homeowners to expand their foot print at all; to add a porch, expand a living room/kitchen, add a strongly needed 3rd bedroom on the main floor. This would force the homeowner to move to a larger lot, or take on a much more expensive project forcing them to build a less desired 2nd story on the home. 2. Why is the Heritage District allowed to have 30% and not required to have 25%? Are we saying that that street-scape is desirable for that 50 foot lot neighborhood, but not for the other 50 foot lot neighborhoods? 3. Isn't increasing the current sideyard setbacks on 50 lots (not on 49' 11" lots) an extra 2 feet going to make the houses narrower and longer? Doesn't that affect the solar orientation of the neighbor for more of the day? 4. I think the.reduced ridge height and eliminated sideyard'wall height are great ideas and should be adopted. These alone should help with a lot of the street-scape Issues of concern. Remodels and new homes will blend much better in with existing homes with this single change....more cape cods, more colonials, less "A" frames. 5. Accessing ones own rear yard without trespassing onto the neighbors property seems to be logical, but if it requires more regulation to happen ... so be it. That being said I do not understand why a homeowner cannot add a lower level bedroom to their home in one side yard set back as long as the other side allows access to the rear yard. It seems like #3 in the "Drainage" paragraph should suffice. 6. Sidewall articulation requirement seems so impractical on 50'. lots, I don't know where to begin. This was well vetted in Wayzata and doesn't make sense. Thank you for considering my comments. Andy Porter REFINED Cell: 612.991.9301 Fax: 952.303.3170 Email: aporter(a)RefinedLLC.com www.RefinedLLC.com Cary Teague From: Cary Teague Sent: Tuesday, June 11, 2013 11:09 AM To: 'Jennifer'; Kris Aaker Cc: Kevin Staunton (kevin@stauntonlaw.com); 'Michael.Platteter' Subject: RE: Questions about June 12 staff report Hi Jennifer, Very good questions. In regard to lot coverage; the Planning Commission is aware of the cap on lot coverage for lots less than 9,000 square feet in size. Your table is helpful. I would be glad to put your email in front of the Planning Commission tomorrow night if you would like? I have asked engineering to prepare a response to your question on drainage. In regard to side yard setback, you are right that a 5 -foot setback would still be required for lots 49 feet wide or less, and the second story would be closer. For lots 50 feet or wider, the side yard setback is increasing up to two feet. Good catch on the window well question for front yard setbacks; you are right that the concern is for side yard setbacks. It may be best to exempt them from a front or rear setback requirement. Cary sl 'r Cary Teague, Community Development Director g 952-826-04601 Fax 952-826-03891 Cell 952-826-0236 x cteaaueCcDEdnaM.gov www.EdinaMN.gov/Planning J, iNI g'.. .. ...For Living, Learning, Raising Families & Doing Business From: Jennifer [mailto:rjmeyovy@comcast.net] Sent: Monday, June 10, 2013 1:25 PM To: Cary Teague; Kris Aaker Subject: Questions about June 12 staff report Cary and Kris, Thank you for all the work you have put into revising the residential zoning code. I've reviewed the materials in the June 12 Planning Commission packet and am writing to seek clarification about a few points. Lot Coverage The staff report reads: "Building Coverage was originally recommended to be revised to be uniform throughout the City at 25%. That would have been a change for lots less than 9,000 sq. feet in size, as they are now allowed 30% lot coverage." The current code reads: "Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not more than 30 percent for all buildings and structures, provided, however, that the area occupied by all buildings and structures shall not exceed 2,250 square feet." It's possible I'm misreading the code, but lot coverage on lots less than 9,000 sq. ft. appears to be less than 30% in some cases because of the cap: Lot size Max building coverage Percentages (rounded in some cases) 7,000 2,100 30% 7,500 2,250 30% 7,750 2,250 29% 8,000 2,250 28% 8,250 2,250 27% 8,500 2,25026% 8,750 2,250 25.5% 9,000 2,250 1 25% Is this accurate? If yes, does an understanding of this point in any way change the discussion? Drainage The current code, in part, reads: "Surface water runoff shall be properly channeled into storm sewers, watercourses, ponding areas or other public facilities." I remember some discussion on the Council about what that means. Does it mean that water must be directly channeled into one of these facilities, or can water be channeled over other private property and into a facility? If the latter, then if Property A drains through Property B and Property B redevelops and Property A can no longer drain onto Property B, what happens? Will the issues be identified in the review process and addressed? How is "drainage rate" defined (and should it be defined in the code)? Is rate the speed at which water flows, or the volume and speed? If the speed only, does this mean it's OK to increase the volume of water that flows onto adjacent properties? Elimination of second story setback The elimination of this requirement will allow the option of a full second story at maximum interior side yard setbacks. This will have the impact of bringing the second story closer to the interior side lot line. In some cases (where the regular or minimum setback is 5'), the house will be closer to the lot line than it can be today. Was the impact of this considered? Egress window well setback The front setback for an egress window well is proposed to be 30'. If a house is at 30' now, or less than 30' now, would a front egress window well require a variance? My memory is that the concern about window wells had to do with window wells on side lots, not front or back. Is it necessary to have a front setback for egress window wells? Thanks for your time on this. Please let me know if you have any questions. Sincerely, Jennifer Janovy