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HomeMy WebLinkAbout2014-06-25 Planning Commission Meeting PacketsAGENDA REGULAR MEETING OF THE PLANNING COMMISSION CITY OF EDINA, MINNESOTA CITY COUNCIL CHAMBERS JUNE 25, 2014 7:00 PM CALL TO ORDER II. ROLL CALL Ill. APPROVAL OF MEETING AGENDA IV. APPROVAL OF CONSENT AGENDA A. Minutes of the regular meeting of the Edina Planning Commission June 11, 2014 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 slatedforfuture 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 stafffor consideration at a future meeting. V1. PUBLIC HEARINGS A. Final Rezoning and Final Development Plan. Mount Properties; 6500 France — Continue to July 9, 2014 B. Preliminary Rezoning & Variances. Mathias Mortenson. 3923 West 49 th Street, Edina, MN C. Variance. Whiteman. 3932/34 West 49th Street, Edina, MN — Continue to July 9, 2014 Vil. REPORTS/RECOMMENDATIONS A. Sketch Plan — 7200 France Ave. B. Sketch Plan — 4121 West 50th Street C. Lighting Ordinance D. Conflict of Interest/Bylaws Vill. CORRESPONDENCE AND PETITIONS Attendance &Council Update IX. CHAIR AND COMMISSION COMMENTS X. STAFF COMMENTS X1. ADJOURNMENT The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927- 886172 hours in advance of the meeting. Next Meeting of the Edina Planning Commission July 9,2014 A, o e 0 PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague June 25, 2014 VI.B. Director of Planning INFORMATION/BACKGROUND Project Description Mathias Mortenson is proposing to tear down a single-family home and construct a new double dwelling unit at 3923 49th Street. (See property location on pages Al—A5, and the applicant's plans and narrative on pages A6 -A33.) The property is located adjacent to the 50th and France retail area; just north of the former Edina Realty Building site, now owned by the City of Edina, and east of a four story apartment building. To accommodate the request the applicant is requesting the following: A Preliminary Rezoning from R-1, Single Dwelling Unit District to R-2, Double Dwelling Unit District; > Lot Area Variance from 15,000 s.f. to 8,816 s.f.; > Lot Width Variance from 90 feet to 65 feet; > Building Coverage from 25% to 32%; and > Side yard setback Variance from 15 feet to 5 feet 10 inches on the east side. The applicant went through a Sketch Plan review with the Planning Commission and City Council. (See the minutes from each review on pages A34—A37.) In an effort to address some of the concerns raised, the applicant has eliminated one of the drive entrances to the site, and the handicap accessible walkway to sidewalk to the front of the house. This reduced the impervious surface on the lot. (See side by side comparison on page A8 -A9.) The applicant has also slightly reduced the footprint of the structure, eliminated the front yard and side yard setback variances, and the retaining wall setback variance. The mass and scale of the structure architecture of the structure remain generally the same. (See pages Al 8—Al 9.) The applicant narrative indicates a building coverage variance from 25% to 28%, however, the patios were not taken into account. City Code requires patios to be included in the building coverage calculation, with a 200 square foot credit. The patios total 648 square feet, therefore, 448 square feet must be added to the building coverage. The building coverage with the 448 square feet added is 32%. The applicant is proposing to use pervious pavers as part of the patio. While the pervious pavers would assist in site runoff, the city does not have an Ordinance provision to reduce impervious surface requirement with the use of pervious pavers. Variances would still be required for lot coverage even if full credit were given to the pervious pavers. SUPPORTING INFORMATION Surrounding Land Uses Northerly: A single family home; zoned R-1 Single -Dwelling Unit District and guided Low Density Attached Residential. Easterly: Apartment building; zoned PRD -4, Planned Residential District and guided High Density Residential. Southerly: Vacant property (formerly Edina Realty); zoned PCD -2, Planned Commercial District and Guided Mixed Use, MXC. Westerly: A single story double dwelling unit; zoned R-2 Double -Dwelling Unit District and guided Low Density Attached Residential. Existing Site Features The subject property is 8,816 square feet in size, and contains a two-story single family home. The site is elevated above the two-family dwelling to the west. (See pages A3 and A29.) Planning Guide Plan designation Zoning: Grading/Drainage/Utilities Low Density Attached Residential R-2, Double -Dwelling District The city engineer has reviewed the proposed plans, and identified several concerns. (See memo on page A41 -) Should the City Council approve the proposed project, the applicant would be required to address these concerns with revised plans as part of the Final Rezoning application. Please note that the grading plans were not done by a licensed professional engineer. This application predates that current application requirement. If the Planning Commission and/or City Council approve this project, it would be a Preliminary approval. A condition of approval should therefore, be that a grading, drainage and stormwater control plan, done by a licensed professional engineer, be submitted with the final rezoning application to be 4 considered by the Planning Commission and Council during final consideration. Proposed Floor Plans The plans show a lower level studio within each unit that could easily be designed as additional units within the structure. These two "studios" are separated from the rest of the living units. To access the upper units from these lower studios, a person would have to walk outside or through the garage. (See page A14.) Should the applications be approved, a condition should be added that these not become separate dwelling units. Compliance Table *Variance Required PRIMARY ISSUES/STAFF RECOMMENDATION Primary Issues * Is the proposed Rezoning from R-1 to R-2 is reasonable for this site? Yes. Staff believes the proposed Rezoning is reasonable for the following reasons: The proposed use would fit in to the neighborhood. This neighborhood consists of both single-family and two-family dwellings. (See pages A4 and A22 -A32.) Two dwelling units are the predominant uses on this block. City Standard (R-2)' Proposed Building Setbacks 34.5 feet 15 feet 15 feet 35 feet 35 feet 15 feet 6 inches 5 feet 10 inches* 36 feet Front Side Side Rear Retaining Wall Setback 3 feet 4 feet Lot Width 90 feet 65 feet* Lot Area 15,000 square feet 8,816 square feet* Building Height 30 feet 28 feet Building Coverage 25% 32%* *Variance Required PRIMARY ISSUES/STAFF RECOMMENDATION Primary Issues * Is the proposed Rezoning from R-1 to R-2 is reasonable for this site? Yes. Staff believes the proposed Rezoning is reasonable for the following reasons: The proposed use would fit in to the neighborhood. This neighborhood consists of both single-family and two-family dwellings. (See pages A4 and A22 -A32.) Two dwelling units are the predominant uses on this block. 2. The proposed use is consistent with the Comprehensive Plan. The site is guided for Low Density Attached Residential. The proposed duplex would fit that category. Duplexes serve as a transitional land use area between the commercial properties to the south and the single-family residential area to the north. 0 Are the proposed Variances reasonable for this site? No. Staff believes that the proposed Variances are not reasonable for the site for the following reasons: 1. The combination of all of the requested variances would result in a structure that is too large for this small parcel. 2. The applicant has not adequately addressed the concerns raised by the Planning Commission and the City Council during the sketch plan review of this request. Concern was raised in regard to the home fitting into the neighborhood. The Council stated that the height and lot coverage of the structure should be reduced. While the proposed home has been reduced in size, setback variances have been eliminated, driveways and sidewalks have been eliminated; however, the mass, scale and architecture of the home remains generally the same. The City has traditionally not granted lot coverage variances. No lot coverage variances have been granted for a tear down and rebuild of a single-family home or duplex. Concern was also raised in regard to the retaining walls and safety. The applicant has addressed the issue by eliminating one of the driveways, and moved the retaining wall four feet away from the side lot line. (See page Al2.) 3. The variance criteria are not met. Per state law and the Edina Zoning Ordinance, a variance should not be granted unless it is found that the enforcement of the ordinance would cause practical difficulties in complying with the Zoning Ordinance and that the use is reasonable. As demonstrated below, staff believes the proposal does not meet the variance standards, when applying the three conditions: a) Will the proposal relieve practical difficulties that prevent a reasonable use from complying with the ordinance requirements? No. Reasonable use does not mean that the applicant must show the land cannot be put to any reasonable use without the variance. Rather, the applicant must show that there are practical difficulties in complying with El the code and that the proposed use is reasonable. "Practical difficulties" may include functional and aesthetic concerns. The practical difficulty is caused by the small size of the subject property. As demonstrated on page A4, the lot is the smallest lot on the south side of 49th Street. It is similar in size to the lots across the street, which contains single-family homes. However, the proposed home on this small lot would be too large for the site. The size of the proposed structure creates the need for a lot coverage variance, and side yard setback variances. As mentioned above, the city has traditionally not granted variances for building lot coverage. Therefore, staff believes the proposed home is not reasonable for the size of this small lot. The building coverage for the existing single family home and detached garage in the rear yard is 12%. The proposed structure would more than double the building coverage for the lot, and far exceed the city code requirement. Reasonable use exists on the property with the existing single family home. b) There are circumstances that are unique to the property, not common to every similarly zoned property, and that are not self-created? The circumstance of the undersized lot is not unique to this neighborhood. There are several undersized R-1 and R-2 lots on this block. (See page A3 -A4.) c) Will the variance alter the essential character of the neighborhood? Yes. The proposed structure is too large for this lot. No setback or lot coverage variances have been granted on any of the lots on this block, on which new duplexes have been built. Staff Recommendation Recommend that the City Council deny the proposed Rezoning and Variances at 3923 49th Street. Denial is based on the following findings: 1. The variance criteria are not met. 2. There are no practical difficulties in complying with the zoning ordinance. The property owner does not propose to use the property in a reasonable manner 5 prohibited by the zoning ordinance. It is not reasonable to deviate from the ordinance requirements when there is nothing unique about the property that justifies the variances. The need for variances is caused by the applicants desire to build such a large two-family dwelling on the site. 3. Reasonable use of the property exists with the two-story single family currently located on the property. 4. The size of the proposed structure creates the need for the lot coverage variance, and the side yard setback variance. 5. The City has traditionally not granted variances for building lot coverage when tearing down a home (single-family home or duplex) and building a new one. 6. Proposed building coverage would be nearly triple the building coverage that exists today with the single family home. Deadline for a city decision: July 15, 2014 M Parcel 3923 49Th St W 46TH ST W 413TH �fV-V( Edina, MN 55424 Total: Property Residential Sale Type: Price: This map is a compilation of data from various Home- Sale sources and is furnished "AS IS" with no representation or warranty expressed or stead: LU LU implied, including fitness of any particular p Parcel U z in 49TH ST VV - Area: 9,086 sq ft 49TH ST W COPYRIGHT 0 HENNEPIN COUNTY 2014 LU A Think Green! A� 12 7-0- 491/2 5 W 50TH ST W 5 OTH ST W LLJ CL < 1�4 1>j SIST ST W Parcel ID: 18-028-24-14-0027 A -T-13: Map Scale: 1 400 ft. N Print Date: 1/14/2014 Owner Baker Bean Llc Market Name: Total: Parcel 3923 49Th St W Tax Address: Edina, MN 55424 Total: Property Residential Sale Type: Price: This map is a compilation of data from various Home- Sale sources and is furnished "AS IS" with no representation or warranty expressed or stead: Date: implied, including fitness of any particular purpose, merchantability, or the accuracy and Parcel 0.21 acres Sale completeness of the information shown. Area: 9,086 sq ft Code: COPYRIGHT 0 HENNEPIN COUNTY 2014 A Think Green! A� I nteractive Property Maps Map —4809— 4813 4817 4813 4812 4800 - ------ 4821 4811 4825 4800 4824 4829 4821 4833 4833 4832 4830 4825 1; 4837 4836 4837 4840 4841 4829 4846 4841 - ----------- 4844 4845 4850 484, 4833 4846 4849 3940 3938 3932 13921 48 54 4853 - — 4837 48'52 4853 49TH ST Vl 4901 4900 4901 4FJ05 3 C-14 1 3937 3927 392 3901 3949 45 4905 4904 4905 39 4909 4906 49-09 4%-2 4915 49-17 4916 4917 24 918 4916 3948 3944 3936 3930 3 4921 4920 4921 4924 4925 1 49 1/2 STVV 4928 4929 493CI 4932 4933 24 24 24 24 24 i3925: 4936 4937 4999 4?41 �494 4945 24: 4100 3930 3924 30922� 3906 3808 390 2 3724 STW Parcel 18-028-24-14-0027 A -T -B: Map Scale: 1 200 ft. N ID: Print Date: 1/14/2014 Owner Market Name: Total: Parcel 3923 49Th St W Tax Address: Edina, MN 55424 Total: Property Residential Sale Type: Price: This map is a compilation of data from various sources and is furnished "AS IS" with no Home- Sale representation or warranty expressed or implied, including fitness of any particular stead: Date: purpose, merchantability, or the accuracy and completeness of the information shown. Parcel 0.21 acres Sale COPYRIGHT @ HENNEPIN COUNTY 2014 Area: 9,086 sq ft Code: Think Green! A3 i L V, LU LU z ILL Legend EEEI N w E S 51STSTW 51 ST ST W Uj 0, OEM= 0 50th & France Zoning Map City of Edina Al� Hennepin County, Minnesota CIO LU LU z 0 49TH ST W V, LU LU z ILL Legend EEEI N w E S 51STSTW 51 ST ST W Uj 0, OEM= 0 50th & France Zoning Map City of Edina Al� Hennepin County, Minnesota CERTIFICATE OF SURVEY V- V- - W \ , V- V V -V -V -V -W -W -W-.- 6- DUCTILE IRON PIPE WATERMAIN7q 4 9 -RIM 89*10 \W INV 887 80 -SERVICE INV 555.11 S -k In F� X -op 'P, .9 0 10 > > > > > 4- > x > > > > > x > > V VITREOUS CLAY PIPE 69 4 4x-- LEGAL DESCRIPTION: N89'28'30"E 65.51 (66 PLAT) THAT PART OF LOT 32, AUDITOR'S SUBDIVISION NO. 172, HENNEPIN COUNTY, MINNESOTA LYING NORTH OF THE SOUTHERLY 177.5 FE z A, 897 - LEGEND: V FDU D LRON MONUMENT WATER AND (AS NOTED) SANITARY SERVICE 2 x. LINES FROM CITY OF POWER POLE (WITH GIN ANCHOR) EDINA !1GINTEEnlat DEPT. No VERIFIED COMMUNICATIONS PEDESTAL SANITARY SEWER MANHOLE DECIDUOUS TREE (SIZE IN INCHES) ---OVERHEAD UTILITY uNf� all .0 - In RMAN -COVE STOOP --SANITARY SEWER UNE GAS LINE UNDERGROUND COMMUNICATION LINE 2 STORY HOUSE #3223 FFE - 899.7 MO F7� --, 0 CONCRETE SURFACE BITUMINOUS SURFACE L 0 T 3 2 NOTES: 1 THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE INSURANCE COMMITMENT. 2) ADDRESS OF THE SUBJECT PROPERTY: 3923 49TH STREET WEST, EDNA, MN 55410 P.I.D.:18-028-24-14-0027 Q, 3) PARCEL AREA: 8,816 SQ. FT. 4) HEARING BASIS IS ASSUMED. RD -(TYP. 5) DATE OF FIELDWORK: 2-11-2013 z 6) BENCHMARK: TOP NUT HYDRANT AT SW 7t CORNER OF FRANCE AVE AND 49TH STREET WEST. ELEVATON 88772 (NGVD) 'TRANSFORMER, 2. �3r DO GARAGE HOUSE: 642 SQ. FT GARAGE: 456 SQ. FT. 7/7 CONCRETE: 1,704 SQ. FT. FFE - 897.7 TOTAL HARDCOVER: 2,802 SQ. FT OR 31.8% HE VER a. - T IN AVY - ) TIM -is �EA A E OF CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor und r the aws of the state of Minnesota. 10 - - - - �0� - - - - - - - -- 895 896 - - - - - - -- -- - - - - - - -- - - 894 - . ..... ..... TraA, W. Von N�, Mlnnecia PrafwWm" 9"w 65.78 6 NORTH LINE OF THE JOB j 20IMM ISSUED.- �-�I-2.�l SOUTHER 177.5 DRAWN BY-. TWW4 REV-. FEET OF LOT 32 AS PREPARED FOR: MONIUMENTED SCALE: I' - 10 FEET MATHIAS MORTENSON SURVEYING 2429 SHERIDAN AVENUE SOUTH VAN NESTE MINNEAPOLIS, MN 55405 PROFESSIONAL SURVEYING SERVICES V S 55 WILDHURST ROAD EXCELSIOR, MN 55331 PHONE (952) 686-3055 TOLL-FREE FAX (866) 473-0120 WWW.VANNESTESURVEYING.COM 41!5- REZONING + VARIANCE APPLICATION 392349 TH STREET PREPARED FOR THE CITY OF EDINA JUNE 10, 2014 PROJECT INTRODUCTION The proposed project is a new 2 -story double dwelling unit on 49th Street. The location is one block north of 50th and France on a street that predominantly consists of double dwelling units. The lot is currently zoned R-1, thus requiring a re -zoning to R-2. In February, this project was brought before the Planning Commission and the City Council. In addition a draft staff report was completed in March. This re -submission addresses to the greatest extent possible the various issues raised by those three entities. EXECUTIVE SUMMARY The property at 3923 491h Street is highly unusual. First, it is a single-family lot situated on a street that is predominantly double dwellings. More critically, it is adjacent to a high-density 4 - story apartment building, two commercial properties, and one double dwelling unit. This sets it apart from any other lot on 49th Street and, indeed, from most other lots throughout the city. In addition, it is cradled by a Height Overlay District that allows adjacent properties to build up to 48' high. A thorough survey of the city and its Height Overlay Districts (See Attachment A), reveals that there are only eight other residential properties in this situation and that, of those eight, only two adjoin HOD'S of 48 feet or greater. While those final two are both zoned R-1, neither sits on a street that is predominantly comprised of R-2 lots. In other words, for a variety of reasons, this lot is an anomaly, completely unique in the city. One other factor may also serve as an extenuating circumstance, and that is the recent purchase by the city of the commercial property to the south. The existing Edina Realty building has since been demolished and an expansion of the nearby parking ramp is currently being considered. While this may not have a direct bearing on how this proposal is evaluated, it does present a very real hardship to the owner, potentially diminishing the value of the property and casting shadows on the rear yard for much of the day. For these reasons, and others, it is our hope that the City shares our view that our project's proposed variances are justified by the unusual conditions of the site. Finally, we submit two of our primary project goals which we believe align well with the City's housing goals as outlined in the Comprehensive Plan: PROJECT GOAL #1: ACCESSIBILITY The owner is seeking to provide a housing type largely absent from the city's housing stock, one that accommodates the particular needs of an aging population. Although, the owner is driven by an interest in homesteading in one of the units, the design also coincides perfectly with the city's own interests. According to the Comprehensive Plan "The challenge for the city is to adapt itself as a lifecycle community to conform to the needs of a changing population" (p.40), and that change is principally happening to the +65 demographic where growth is expected to exceed 100% by 2030 (CP, p. 24). The proposed development would address exactly this challenge through a number of means: 01 REZONING + VARIANCE APPLICATION 392349 TH STREET PREPARED FOR THE CITY OF EDINA JUNE 10, 2014 1. All necessities (kitchen, bath, laundry, etc.) would be provided for on a single level 2. An elevator would connect the below grade parking to the upper two floors 3. The main bathroom would include ADA accessible fixtures 4. ADA turning radii and clearances provided where necessary 5. A basement studio that could serve as living quarters for in-home care. PROJECT GOAL #2: SLISTAINABILITY The project aims to achieve the highest standard of sustainability. It will incorporate rooftop solar panels that are expected to supply the entire electrical needs for both units. The building will also employ advanced framing techniques to achieve a 25% reduction in lumber consumption and 5% increase in energy efficiency. Other more conventional sustainability measures will include high efficiency glazing, permeable pavers, materials with recycled content and low -flow fixtures, among others. A-7 REZONING + VARIANCE APPLICATION 392349 TH STREET PREPARED FOR THE CITY OF EDINA JUNE 10, 2014 RESPONSE TO COUNCIL, COMMISION, PLANNING + NEIGHBORS: Below is a list of the concerns as expressed in the preliminary zoning review as stated in the City Council minutes, February 3, 2014: "(1.) Reconfigure the garages to require one driveway/curb cut and lower impervious surface; (2.) assure safety (guard rail/f ence/la n dscaping) was sufficient along the retaining wall; (3.) refine the building plan to lower lot coverage/building height/hardscape; (4.) assure architectural elements and site components meet the essential character of the existing neighborhood; and, (5.) consider feasibility of repurposing the existing single-family home." 1A. RECONFIGURE GARAGES/PARKING LAYOUT CONCERN: The original design proposed two drives on either side of the lot accessing an underground garage. This raised two concerns: 1. It presented an excessive amount of driveway, asphalt and retaining wall to the street, rendering it distinctly uncharacteristic of the neighborhood 2. It created an 'island' effect that isolated the stretch of yard between the two drives from the fabric of front yards of adjoining residential properties RESPONSE: The East drive has been completely eliminated. This makes the proposed driveway consistent with other double dwelling units on the block. it also allows for more greenspace in the front yard and creates greater continuity with similar nearby front yards. Additionally, it resolves another concern that the stretch of curb between the two originally proposed drives would be too small to accommodate street parking. This is no longer the case. BEFORE AFTER 1B. IMPERVIOUS SURFACE + STORMWATER RUNOFF CONCERN: The original design proposed an ADA accessible ramp to the front entry and a two - driveway parking layout that raised concerns regarding: 1. Amount of runoff directed to the city storm system, and 2. The amount of land dedicated to hardscape rather than landscape RESPONSE: Three things have been done to address the concern regarding impervious surface 1. Patio sizes were reduced 'LE REZONING + VARIANCE APPLICATION 392349 TH STREET PREPARED FOR THE CITY OF EDINA JUNE 10, 2014 I 2. The front entry steps were eliminated, and one I One drive was eliminated Together, this resulted in considerable reductions in impervious surface as illustrated by the below study: F-XISTING IMP. SURF. - 1356 SF WALKWAY - 333 SF GARAGE 456 SF 1782 SF ORIGINAL PROPOSAL IMP. SURF. - 924 SIR WALKWAY - 404 SF GARAGE m 0 SIF TOTAL 1328 SF REVISED PROPOSAL IMP. SURF. - 543 SF WALKWAY - 340 SF i GARAGr= m 0 SF agag a 883 SF This reduction is in addition to other tools used to reduce hardscape and runoff: permeable pavers used at outdoor spaces and a rear -yard raingarden to collect runoff from the roof. 2. RETAINING WALL/SAFETY CONCERN: The retaining walls related to the below -grade drives generated the following concerns: 1. A wall that appeared overly high and/or stark from the street 2. The need for providing a guard rail for safety on one side 3. A sense that it effectively increased the perceived height of the building RESPONSE: Because one of the below grade drives was eliminated, the concern regarding the visual impact of the associated retaining walls has been partially alleviated. Additionally, the retaining walls for the remaining drive have been improved: 1. A stepped or canted wall for one side of the drive presents a softer surface 2. An ivy wall is proposed to cover the rear (or southernmost) wall 3. The exposed retaining walls will be stained or colored concrete so as to provide a warmer, more appealing aesthetic Al REZONING + VARIANCE APPLICATION 392349 TH STREET PREPARED FOR THE CITY OF EDINA JUNE 10, 2014 4. A strip of plantings along one retaining wall will prevent any access to the wall edge. The wall on the opposite side of the drive was essentially eliminated by manipulating the grading. 3A. SITE COVERAGE + BUILDING INTENSITY CONCERN: The amount of site coverage was viewed as problematic based largely on two concerns: 1. It represents a higher intensity than is typical for the neighborhood, and 2. It reduces the amount of useable exterior greenspace. RESPONSE: The total site coverage has been reduced from 28.2% to 27.1%. This is the most that could be reduced without compromising the goal of providing an accessible form of single - floor living. We believe that our site is unusual in a number of regards and that the proposed. coverage does not represent an unduly intense amount given the context (see related Zoning Narrative). 3B. BUILDING HEIGHT CONCERN: The concern was that the retaining walls for the parking, together with the gable would render the building overly high for the neighborhood. RESPONSE: The peak of the gable and the elevation of the eave were lowered by one and a half feet. The retaining wall for the side drive was also treated in a way that would make it seem shorter and distinct from the building structure. 4. EXISTING CHARACTER CONCERN: The previous design did not specifically address this concern. Theblockdoes not consist of any predominant style. The houses range from small single family bungalows at street level to larger homes atop hills; from simple low-rise, hiproofed duplexes to large, articulated -gable duplexes; and from one- and two-story dwelling units to a four story apartment building. Despite this lack of architectural continuity, there is still a predominant 'feel' to the street which is largely constituted, as in many other city neighborhoods, by a well-developed greenscape consisting of mature shade trees near the street and a variety of hedges, arborvitae, and smaller -scale landscaping near the homes. This revision proposes a landscaping similar to established patterns on the street, consisting of at least one medium-sized trees in the front lawn and smaller -scale shrubbery at the front of the house. S. REPURPOSE EXISTING BUILDING This idea was explored but is challenged by two significant issues: 1.) it is cost -prohibitive, and 2.) It requires a second site on which to situate the house AW REZONING + VARIANCE APPLICATION 392349 TH STREET PREPARED FOR THE CITY OF EDINA JUNE 10, 2014 6. ADDITIONAL CONCERNS: NUMBER OF VARIANCES CONCERN: The re -zoning and the proposed design triggered multiple variance requests, suggesting the possibility that the use, or the design, or both were not viable at the site. RESPONSE: A number of moves were made, in addition to those stated above, that have made the building more compliant. 1. The building was shifted four feet to the south to eliminate a need for a rear yard setback 2. The building was shifted five feet to the east to eliminate a need for a side yard setback. This move also was made to be more sensitive to the residence to the west which otherwise may have had some portion of their lawn cast in shadow. Additionally, moving the house closer to the apartment building has no negative effects since there is only a surface level parking lot there. This has been confirmed in discussions with the proprietors of the apartments. 3. The side drive was shifted three feet to the east to eliminate a need for a zero lot line retaining wall. A PRELIMINARY PROPOSED GRADING PLAN W_ W_ W_ w V_ V_ W_ V_ w -w- W_ W-,;? v_v_v w- v- V- v- 07- V- w- 1 6" DUCTILE IRON PIPE WATER -Al- % 4 9 T H �i T R E E T \W E S T -INV 807 80 -SERVICE INV - 886.1 x > > --- > > > x > > +_ 9. VITREOUS CLAY PIPE \ 41 N89 -28'30"E 65.51, (66 PLAT) 'p, a > — > x > >L, PREPARED FOR! MATHIAS MORTENSON 2429 SHERIDAN AVENUE SOUTH MINNEAPOUS, MN 55405 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- I 65,78 NORTH LINE OF THE SOUTHERLY 177.5 FEET OF LOT 32 As MONUMENTED TIM13ER RETAINING WALL NEIGHBOR'S PARKING AREA S.&4 A, F.0 0 10 LEGAL DESCRIPTION: THAT PART OF LOT 32, AUDITOR'S SUBDIIASION NO 172 , HENNEPIN COUNTY, MINNESOTA LYING NO�TH OF THE SOUTHERLY 177.5 FEET THEREOF. a! _'l LEGEND: _7" — — — FOUND IRON MONUMENT (AS NOTED) POWER POLE (WITH GUY ANCHOR) COMMUNICATIONS PEDESTAL 7 _-�' SANITARY SEWER MANHOLE 0 OECIDUOUS TREE (SIZE IN INCHES) --_0VERHEAD UTILITY LINE __-'M-RMAIN ----SANITARY SEWER LINE "--".TURAL GAS LINE UNDERGROUND COMMUNICATION LINE EXTERIOR SPACE WITH �'�—O PENCE PERMEABLE SURFACE,TYP. EXISTING -.INOUS SURFACE EXISTING CONCRErE SURFACE PROPOSED SPOT ELEVATION X EXISTING SPOT ELEVATION EXISTING CONTOUR LINE _Sql so- PROPOSED CONTOUR LINE 7 1) THIS SURVEY WAS PERFORMED WITHOUT THE C C BENEFIT OF A TITLE INSURANCE COMMITMENT. 'TRANSFDR4d I' 2) ADDRESS OF THE SUBJECT PROPERTY: 3923 49TH STREET WEST, EDNA. MN 55410 P.I.D.:18-028-24-14-0027 3) PARCEL AREA: 8,816 SO. FT. 4) BEARING BASIS IS ASSUMED. Z.. 5) DATE OF FIELDWORK: 2-11-2013 N 6) BENCHMARK: TOP NUT HYDRANT AT SW RNER OF FRANCE AVE AND 49TH STREET HEAVY SNOW COVER CWOEST. ELEVATON = 887.72 (NGVD) 1. THIS AREA AT TIME OF FIELDWORK MINARY PROPOSED GRADI DRAFT VERSION PRELIMINARY PROPOSED GRADING PLAN -V—V—V—W I;- V— W-W--� V- W- V- W-$ V -W - V—W—"—"—W W— I '. D.CIU IRON PIPE WATER.AIN\j -V-W 4 9 ' T H S TREET \WEST 4 w- V - T D H w - ON V S T E w R A L MA JN V \W w— E -M W - VICE INV 1 > > _R(M 894.10 _SERIACE INV 886.1 F -t INV 1187.80 x 2 > > > 0 0 > x TRE CLA '9 > 4- > AATRZOM—USY PIPE I.ELAY PIPE " _9" .B94, LEGAL DESCRIPTION: 78 551 PLAT �6 4,. THAT PART OF LOT 32. AUDITOR'S SUBDIVISION N8978'WE 6 .51 (66 PLAT) e1 No. 172, HENNEPIN COUNTY, MINNESOTA LYING �15 NORTH OF THE SOUTHERLY 177.5 FEET THEREOF. KO Xt 893 —896- — r --- �- — — V! A FOU 0 IRON MONUMENT ME (AS NOTED) POWER POLE (NTH GUY ANCHOR) C COMMUNICATIONS PEDESTAL @ SANITARY SEWER MANHOLE 0 DECIDUOUS TREE (SIZE IN INCHES) --OVERHEAD UTILITY LINE SANITARY SEWER LINE ----.TURAL GAS UNE G -� UNDERGROUND COMMUNICATION UNE FENCE EXISTING BITUMINOUS SURFACE EXISnNG CONCRETE SURFACE ,OX PROPOSED SPOT ELEVATION X EXISTING SPOT ELEVATION EXISTING CONTOUR UNE -S%6- - PROPOSED CONTOUR LINE NOTES: 1) THIS SURVEY WAS PERFORMED WITHOUT THE C BENEFIT OF A TITLE INSURANCE COMMITMENT. �JRANSFORMER i 2) ADDRESS OF THE SUBJECT PROPERTY. 3923 49TH STREET WEST, EDNA, MN 55410 P.I.D.:18-028-24-14-0027 age 3) PARCEL AREA: 8.816 SO. FT. &9 ,_-894 --j 1 4) BEARING BASIS IS ASSUMED. F I — — �, 1 5) DATE OF FIELDWORK: 2-11-2013 —892- 6) BENCHMARK: TOP NUT HYDRANT AT SW —4- CORNER OF FRANCE AVE AND 49TH STREET HEAVY SNOW COVER WEST. ELEVATON = 887.72 (NGVD) IN THIS AREA AT 894 — — — — — — TIME OF RELDWORK CERTIFICAMON I hereby certify that this survey, plan, or report N 6 _295 , — -- 896 - - - - - - - - - - - - - 695 __--894 65.78 NORTH LINE OF THE SOUTHERLY 177.5 FEET OF LOI 32 AS PREPARED FOR: TIMBER RETAINING WALL MONUMENTE MATHIAS MORTENSON 2429 SHERIDAN AVENUE SOUTH NEIGHBOR'S PARKING AREA MINNEAPOLIS, MN 55405 C was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor und ar the laws of the state of Minnesota. Tmis W. Van Mae* MI—da Mwig. P,4f..d. JOB 201300S ISSUED: 2-2.. r su-* 5 DMWN BY-. TWVN-:�JR- sc.E. I" - a VAN NESTE SURVEYING PROFESSIONAL SURVEYING SERVICES 85 WLDHURST ROAD EXCELSIOR, MN 55331 V S PHONE (952) 686-3055 TOLL-FREE FAX (866) 473-0120 WWW.VANNESTESURVEYING.COM SHEET I OF I 0 k 0 P �9, - 13"! 11- 411, 'CA "I" 2.8 41 + T 1 0 ROO P AT�10 -D, j FX,;j IK ,,R i�� V!, "A, -X" w, T A, FOU 0 IRON MONUMENT ME (AS NOTED) POWER POLE (NTH GUY ANCHOR) C COMMUNICATIONS PEDESTAL @ SANITARY SEWER MANHOLE 0 DECIDUOUS TREE (SIZE IN INCHES) --OVERHEAD UTILITY LINE SANITARY SEWER LINE ----.TURAL GAS UNE G -� UNDERGROUND COMMUNICATION UNE FENCE EXISTING BITUMINOUS SURFACE EXISnNG CONCRETE SURFACE ,OX PROPOSED SPOT ELEVATION X EXISTING SPOT ELEVATION EXISTING CONTOUR UNE -S%6- - PROPOSED CONTOUR LINE NOTES: 1) THIS SURVEY WAS PERFORMED WITHOUT THE C BENEFIT OF A TITLE INSURANCE COMMITMENT. �JRANSFORMER i 2) ADDRESS OF THE SUBJECT PROPERTY. 3923 49TH STREET WEST, EDNA, MN 55410 P.I.D.:18-028-24-14-0027 age 3) PARCEL AREA: 8.816 SO. FT. &9 ,_-894 --j 1 4) BEARING BASIS IS ASSUMED. F I — — �, 1 5) DATE OF FIELDWORK: 2-11-2013 —892- 6) BENCHMARK: TOP NUT HYDRANT AT SW —4- CORNER OF FRANCE AVE AND 49TH STREET HEAVY SNOW COVER WEST. ELEVATON = 887.72 (NGVD) IN THIS AREA AT 894 — — — — — — TIME OF RELDWORK CERTIFICAMON I hereby certify that this survey, plan, or report N 6 _295 , — -- 896 - - - - - - - - - - - - - 695 __--894 65.78 NORTH LINE OF THE SOUTHERLY 177.5 FEET OF LOI 32 AS PREPARED FOR: TIMBER RETAINING WALL MONUMENTE MATHIAS MORTENSON 2429 SHERIDAN AVENUE SOUTH NEIGHBOR'S PARKING AREA MINNEAPOLIS, MN 55405 C was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor und ar the laws of the state of Minnesota. Tmis W. Van Mae* MI—da Mwig. P,4f..d. JOB 201300S ISSUED: 2-2.. r su-* 5 DMWN BY-. TWVN-:�JR- sc.E. I" - a VAN NESTE SURVEYING PROFESSIONAL SURVEYING SERVICES 85 WLDHURST ROAD EXCELSIOR, MN 55331 V S PHONE (952) 686-3055 TOLL-FREE FAX (866) 473-0120 WWW.VANNESTESURVEYING.COM SHEET I OF I Im 0 �WED ON MEM =09 H I m s DOUBLE DW ELLING 3923 49th STREET EDINA, MN A CHITECT: MAT IAS MORTENSON 2429 SH RIDAN AVE. MINNEAPOU MN 55405 6124554745 CONTRACTOR: DRAWN BY MHM ISSUE �'1.122B R ONiNG DEAD RESUBMIT KEY PUN FLOOR PLANS LEVELO LEVEL I A2.01 ILMR I ED 41 DOUBLE DW ELLING 3923 49th STREET EDINA, MN A CHITECT: MAT IAS MORTENSON 2429 SH RIDAN AVE. MINNEAPOU MN 55405 6124554745 CONTRACTOR: DRAWN BY MHM ISSUE �'1.122B R ONiNG DEAD RESUBMIT KEY PUN FLOOR PLANS LEVELO LEVEL I A2.01 DOUBLE DWELLING 3923 49th STREET EDINA, MN ARC ITECT: MAT IAS MORTENSON 2429 SHERIDAN AVE. MINNEAPOLIS MN 55405 al 2ASS4745 CONTRACTOR: DRAWN BY MHM ISSUE 14.M� R ONINC �.A. RESUBMIT KEY PLAN FLOOR PUNS LEVEL2 LEVEL3 A2.02 CP -1 PERMEABLE CONCRETE PAVERS T-1 1"xl"MOSAICTILE ST -1 BOTTICINO MARBLE SILL AND TRIM. HONED FINISH -+W--' - - ---- S-1 STUCCO WITH FINE SAND FINISH. BY MATERIALS WORLD OR APPROVED EQUAL; COLOR: HARVEST GOLD, LIGHT WD -1 VERTICAL CEDAR SIDING; COLOR: MISSION BROWN R-1 THREE -TAB ASPHALT SHINGLE; COLOR:ONYX SPA SUNMODULE SOLAR PANEL, SW 250 MONO OR APPROVED EQUAL DOUBLE DWELLING 3923 49th STREET EDINA, MN A CHITECT: MAT [AS MORTENSON 2429 SHERIDAN AVE. MINNEAPOLIS MN S505 612455474S CONTRACTOR: DRAWN BY MHM ISSUE �44.W28 RE�NING .W.10 RESUBMIT KEY PLAN ELEVA'nONS NORTH,SOUTH, EAST+ WEST A4.01 CP -1 PERMEABLE CONCRETE PAVERS T-1 1"x I" MOSAIC TILE ST -1 BOTTICINO MARBLE SILL AND TRIM. HONED FINISH S-1 STUCCO VIATH FINE SAND FINISH. BY MATERIALS WORLD OR APPROVED EQUAL; COLOR: HARVEST GOLD, LIGHT WD -1 VERTICAL CEDAR SIDING; COLOR: MISSION BROWN R-1 THREE -TAB ASPHALT SHINGLE; COLOR:ONYX SP -1 SUNMODULE SOLAR PANEL, SW 250 MONO OR APPROVED EQUAL DOUBLE DWELLING 3923 49th STREET EDINA, MN A CHITECT: MATHI SMORTENSON 24 9 SHERIDAN AVE. MI NEAPOLISMM55405 612.65SZ74S CONTRACTOR: 0 WN BY MHM ISSUE 1-2.28 RE -11,O 14.06.1. RESUBMIT KEY PLAN ELEVATIONS NORTH, SOUTH, EAST , WEST A4.02 APARTMEN DOUBLE DWELLING 3923 49th STREET EDINA, MN ARC ITECT: MAT IAS MORTENSON 2429 HERIDANAVE. MI HEAPOLIS MN 55405 6124554745 CONTRACTOR: 0 WN BY MHM ISSUE �4.022B RE�ONI� 4.W.l. RESUBMIT KEY PLAN ELEVATIONS NORTH,SOLITH, EAST - WEST A4.03 DOUBLE DWELLING 3923 49th STREET EDINA, MN ARC ITECT: MAT IAS MORTENSON 24'9 SHERIDAN AVE. MINNEAPOLIS MN 5605 61 2.6554745 CONTRACTOR: DRAWN8Y - MHM Issue �4.0-8 —w 4.06.10 RESUBMIT KEY PLAN EXT. RENDERING LOOKING SOLITHMST A4.03_ DOUBLE DWELLING 3923 49th STREET EDINA, MN ARCH:T T: MATH AS MORTENSON 2429 SHERIDANAVE. MINNEAPOLIS MN 55405 61 2-655-3745 CONTRACTOR: D WN BY MHM ISSUE R OMNG RESUB"T KEY PLAN EXT. RENDERING LOOKING SOUTHEAST A4.05 Z :3w OjI. > -z < W 0 a Z E�O,, 0 Z LU m 0 z "Z M F:o u x LU ATTACHMENT B 4 4 0Z 4 4 tw -Ilk Ids White Oaks Apartment FRI -44, w P-wic- Z.3�1 .0 . 3923 49th Street Edina, MN �F7 77 JL w 41 V 'O'e is —64. At r qP4. V 'O'e is —64. At r 46X A" 7�ppppp�� IL 44, OF n%i.Mw n IWO -12 Iry Of , 06 r7 IV' yt x, 112� In 50, 70 ,14W it. Ile - 1z New Development across street OM 3923 49th Street Edina, MN I -I CP OM 3923 49th Street Edina, MN :p* 9,--- R-1 R-1 E""- R-1 I\- PARK PARK--\ GOLFCOURSE 7777 I A-ffACHMENT A I B. Sketch Plan Review - 3923 West 491h Street, Edina, MN Planner Teague informed the Commission they are asked to consider a sketch plan proposal to tear down a single-family home and construct a double dwelling unit at 3923 49th Street. The property is located adjacent to the 5 01h and France retail area; just north of the former Edina Realty Building site, now owned by the Ci f Edina, and east of a � C#� 0 four story apartment building. The applicant would seek,41�,R,6z,oning to R-2 to allow the use; and several Variances. Teague explained that the applicant is proposing 'dh �energy efficient 6ilding that would include rooftop solar panels, a reduction in lumber costs due to fra in" &�,.techniques, and a 5% increase in energy efficiency. Teague concluded that the proposed zoning to R-2'v�y'6' Id b: ,,q_;,e:consistentwth eR-2 n ";A4'th e are four site' zoning to the north and west. As d6m`6 strated on page er s zoned R- I on 49' Street West, and thirtee n­­i::s , it6si�:-z6he,d R-2. In'g6fieral, the duplexes on 49t' Street West serve as a transition of lan&6ses'be't'ween the A i)e family homes to the ' ;:, - 1� il", 50th 'in`:`:�_ ce�e north, and the commercial.,area at a': d 'Fran Mathias Mortenson Mr. Mort6n—son add ressed'the,:CommIssion and explained his client is an empty nester that is ready".,:io move out of ih&housdand..,move into a home that includes self- sufficient first�f'16­or living to se'rve their ne'eads as they age. Mortenson also reported an elevator would bei"; ded to allcow"for access from the below grade parking to the upper floors. Continuing, with graph i Cs" Morten son pointed out the sustainable elements of the project to include rooftop solar panels, advanced framing techniques, high efficiency glazing, permeable hardscaping, materials with recycled content, low -flow fixtures among others. Concluding, Mortenson said their goal is to be very considerate of the area and built a two-story double home with common entry and underground garage. Mortenson stood for questions. A 3 �- Comments Chair Staunton asked Mr. Mortenson how access to the garage is gained. Mr. Mortenson explained that access would be from the front street. Each unit would have its own curb cut, driveway and garage access. Chair Staunton noted that the subject site abuts a commercial area and the City's public ramp and asked about the potential for future expansion or redevelopment. Planner Teague responded there is potential for ramp expansion and the City has also discussed adding an additional level; however, an Amendment to the Comprehensive Plan would be needed to proceed. Mr. Mortenson said that the topography works in their::f ��.idding he understands if anything is proposed for change on the abutting properiii�a's the"'.:` ywould be made aware of those changes. Chair Staunton said his one con , tern was if an additional level was added to the ramp it may block sun from thes 61�r:panels. Conti n u ing2:'::Stau nton stated he certainly understands the rezoning request :pointing out that R-2 has­b'e'en a traditional buffer between commercial and R- I r�'esidential. Commissioner Carr commented th/'AtshO. understands��ike'�r6auest to rezone; however, has a concern with the driveway and "the' h6i - ht of the ret­Aiiining walls needed for garage access. She asked Mr. Mortenson if he'�'.kinows','tfie' height of the retaining walls and what would be needed to support the driveway,�a.nd a6t6s�s:to, the garW"''. Mr. Mortenson responded that he belie'Vds�theifetaining walls, could -feet with two J e4s; I igh as'9: V2 -h curb cuts on the lot�.io4ccess t dg4ra es. Con. _u in g, Cdiii m I issioner Carr noted that 9 the curb cuts on bo&�,­Wses of the.'u'hits coul&� te some safety issues especially because of the high retalhin , a -would hate to see someone fall off J -9,W llsi,�'�She said she' those wall's,:,,M�,;�,:Mortens66'�:res�6hd�.d: at, land sci`ap'in g would be added along with a guard rail io""66su're �s&ety. Moil t le ' nson said b6�wari&t: he feel and look of the building to be resid ial and softbn'e" d:,with 'Ian . dscap ng and: I Other elements. 'Yent Commissio"66�:,Potts suggesi6d:.that the i'ap'pi i cant meet with City staff to discuss drainage measures between now and f6rmal application. Potts said at first glance the proposal makes sense with regar&*W,the rezonlnl*-� however, more specifics are needed especially on drainage to ensure a good pr9patt. Mr. ,M6rtenson said the design team will consider ways to create more permeable drive I wa I ys,al*� p I atio areas and implement other measures to address drainage. Potts further suggested ikat:�;at:� the time of application that all calculations be correct on lot coverage, setback, etc. Commissioner Forrest acknowledged the sustainable measures implemented for the project; however, pointed out a tear down is harder on the environment than remodel. Continuing, Forrest said she is also concerned with the variances and the lack of outdoor space. Forrest questioned why two units. Mr. Mortenson responded that the client could look at the rationale of a second unit to provide a financial benefit or the client may wish to combine families. Mortenson stated that the request to rezone made sense given the apartment building to the east and multiple double dwelling units on the same block. Mortenson did acknowledge that A �15_ the rezoning request would trigger the need for variances; reiterating they felt rezoning to a double made sense. Commissioner Carr stated she agrees the rezoning makes sense; it's a good land use choice; however, she said she continues to be concerned with the two driveways. Carr said it's not only a safety issue for her but an aesthetic issue. She suggested revisiting this concept. Commissioner Schroeder asked Planner Teague how this area is guided in the Comprehensive Plan. Planner Teague responded the Comp Plan guides t ' his area as low density attached residential. Schroeder commented that it appears the rezoning moves this parcel more into compliance with the Comprehensive Plan. Continuing, Schroeder said he can support the rezoning; pointing out this parcel is also adjacent to an a nt building and other multiples. 'partM.e Schroeder said his concern is with guest parking and c6mm­ on areas, adding that may need to be revisited. Mr. Mortenson said in this area guest,patki I ng is accommodated on the street or in �J the driveways. He also noted the near public ram.".pparking and thq:adjacent apartment building has a guest lot. Commissioner Carr complemented Mr. building. Commissioner Forrest stated she re2 flexibility this. design provides for resi his interest in deve'lob"im a sustainable conce6i\ �the shared front door and the .1 Commissioner Kiiberg:,s-aid h'' plauds thb��project;:�hbWeyer would like to see a more e�:ap,, h e�ds to be added to the structure erg sai J enhanced street view., Kilb n his opinion aracter-�ne. d h' Id also be developed. to give it a more resl , ritial feel. an scaping s pd Chair Staunton commente'd �ihatth­6 proposed new, horne(s) sits on a hill and asked Mortenson if he knows,'ho w the beight ofth6lpld and b0w::buJldi_ngs compares. Mr. Mortenson responded 6 r believ uld be high,er than what exists today; possibly by six -feet. that h es the new.s:tructurevvp Chair StaUrnton said in summAr double dwel I in 11 9 unit makes ser' profile and buildi6g,,h,e,ight that Planner Teague informed Mr!.I:l Council for their feedback,"49 e be'l i ves the request to rezone the subject site and build a however, there are concerns with drainage, building design, �_d to be further addressed and clarified. tenson that the Sketch Plan will be forwarded to the City formal application is made. Chair Staunton suggested to Mr. Mortenson that he provide the City Council with a narrative explaining their intent and final goal. A36 Minutes/Edina City Council/February 3, 2014 The Council discussed the report and noted the following: on page E3, the link on Oaklawn Avenue in the Cornelia area was missing, though it was included on the map exhibit; on page 7, Safety, first paragraph, a campaign for driver education/awareness should be added; and, on page 26, the School District should be identified as the program implementation lead within school zones. The Council supported moving forward with short-term improvements not tied to adoption of the Plan such as allowing bicycles on sidewalks with limits on speed, requirement to give right of way to pedestrians in all cases, and not allowing bicycles on posted sidewalks, standardization of crosswalks throughout the City; and, continuing the City's rolling traffic enforcement program. Ms. Kunaw answered questions of the Council relating to components of the report. The Council thanked all who were involved in creation of this report, noting it was a profound work. Vill. B. SKETCH PLAN 3923 49 TH STREET — REVIEWED Community Development Director Presentation Community Development Director Teague presented the request to rezone to R-2 to allow tearing down of a single-family home and construction of a double dwelling unit at 3923 49 th Street. This property was 9,000 square feet and located adjacent to the 50th and France retail area. Proponent Presentation Mathias Mortenson, architect representing the proponent, described the intended environmentally - friendly construction and design that would allow the proponents to age in place as they wanted to remain within this neighborhood. The Council discussed the proposal and asked questions of Messrs. Teague and Mortenson. Mr. Teague advised of the need for a three-foot side yard setback variance for the proposed retaining wall. He stated if the property was zoned R-1 and a tear down/rebuild project, the maximum lot coverage would be 25.5% on this site. The Council offered the following direction: reconfigure the garages to require one driveway/curb cut and lower impervious surface; assure safety (guard ra i l/fence/la ndsca ping) was sufficient along the retaining wall; refine the building plan to lower lot coverage/building height/hardscape; assure architectural elements and site components meet the essential character of the existing neighborhood; and, consider feasibility of repurposing the existing single-family home. VIII.C. ORDINANCE NO. 2014-01 — CHAPTER 10 REGARDING RESIDENTIAL REDEVELOPMENT ENFORCEMENT— ADOPTED Mr. Teague explained the minor revisions made to Chapter 10 relating to residential redevelopment. The Council discussed the wording and agreed with the following clarifications: Page 1, Section 2.(3), seventh line, should indicate: "...the applicant must provide a detailed plan-,." Page 2, Section 1(b), last sentence should be replaced with: "Work is prohibited on Sundays and holidays." Member Swenson made a motion to grant First and waive Second Reading adopting Ordinance No. 2014-01, Amending Chapter 10 of the Edina City Code Concerning Residential Redevelopment Enforcement, with changes noted. Member Bennett seconded the motion. Rollcall: Ayes: Bennett, Brindle, Sprague, Swenson, Hovland Page 3 A I ui LU V) C- 4 -J OIN r�4 0�% (y) ry, cr- z LU CC CL L -r) ryll 0 LU 0 ON 0 I IFLV\ ISOMETRIC VIEW - LOOKING NORTHEAST F, PRELIMINARY REVIEW - 3923 49th STREET L JANUARY 10, 2014 in MATHIAS MORTENSON - 612 r-55-3745 Cary, Comments from Ross and 1. I'm sure building will have some comments on the wall. Egress well and driveway drain to landlocked areas adjacent to the foundations. It appears that there is no plan for drainage aside from calling out a 'French drain.' These areas should include either positive grade away from the foundation or a drainage system should be included that drains away. 2. It appears there is are drainage and erosion control plans proposed. A registered Civil Engineer should design these two plans. 3. There is a 8' drop near the concrete walk adjacent to the driveway, and adjacent to the patio near the egress well. I believe building code requires a railing for anything over 30 - inches. 4. There are 6+ retaining walls directly adjacent to the neighboring property to the west. Any wall over 4' will require structural engineering. This wall will require permission from the neighboring property to be constructed? Thanks, Chad Chad Millner, Director of Engineering 952-826-0318 1 Fax 952-826-0392 cmi11ner(cDEdinaMN.qo I www.EdinaMN.gov ...For Living, Learning, Raising Families & Doing Business IK( City Hall - Phone 952-833-9520 Fax 952-826-0390 - www.CityofEdina.com Date: March 27, 2014 To: Cary Teague, Community Development Director cc: Tom Schmitz, Fire Chief From: David Fisher — Chief Building Official Re: 3923 49th Street — Double Dwelling - Plans Dated February 26, 2014 MEMO 0 Z' "I The Building Department has reviewed the above proposed project with following comments: - Provide a complete building code analysis when the construction plans are submitted to the city for building permits. - Plan could be two family dwelling or four dwellings. Clarify the number of dwellings. - Provide adequate fire department access to the buildings. - Verify height requirements for the indoor accessible parking. - Verify what code building will be used to build the structure, the 2006 1 RC or the 2006 1 BC. - Verify if accessibility is required. An example if accessibly is required: - Accessible parking indoors and outdoors. - Ramp into dwelling at main entry. - Doors and door widths. - Door hardware. - Accessible route. - Accessible bathrooms and kitchens. - Retaining walls over 4 feet require engineering and a building permit. - Recommend this project has a pre -construction meeting with the design processionals, contractor, the project manager and the city building and fire department staff. btk City of Edina - 4801 W. 50th St. - Edina, MN 55424 Jackie Hoogenakker From: Mary E Zarling <maryzar@comcast.net> Sent: Saturday, March 29, 2014 4:47 PM To: Jackie Hoogenakker Subject: 3923 49th St west rezoning March 29, 2014 To whom it may concern, I am a home owner in the White Oaks addition of Edina and am in opposition to the rezoning of 3923 W. 49th St. Downtown Edina is encroaching on the surrounding neighborhoods. It is an extremely congested area and is faced with less and less green space each season. I see know valid reason to rezone a single family dwelling to a multiple family dwelling except to profit the builder. The White Oaks area is in the midst of suffering from street improvements made to the Country Club area which has led to the demise of neighborhood woodland and wetland areas. In good faith the city should seek to improve past errors in neighborhoods as opposed to increasing populations. Sincerely, Mary Zarling A�3 Jackie Hoogenakker From: David Cartwright <dmcartwright4@gmail.com> Sent: Monday, March 31, 2014 6:07 AM To: Jackie Hoogenakker Subject: Case file 2014.004 To the public hearing commission: I received a letter seeking opinion of proposed rezoning of 3923 49 st west. I live on 4005 west 48th st and come within the 1000 ft of stated address. I am strongly opposed to tearing down any existing structure to make room for a bigger addition/duplex. There is already too much traffic congestion, am sick of the construction and noise that goes along with these projects. Sincerely, David Cartwright City Hall - Phone 952-927-8861 Fax 952-826-0389 - www.CityofEdina.com Date: June 25, 2014 To: Planning Commission From: Cary Teague, Community Development Director Re: Sketch Plan Review — 7200 France Avenue MEMO A, 0 0 The Planning Commission is asked to consider a sketch plan proposal to redevelop the 3.51 acre parcel at 7200 France Avenue. (See property location on pages A1 ­A3.) The applicant is requesting consideration of a proposal to tear down the existing office building on the site, and redevelop it with a six and four-story mixed use development project that would include the following: 170 unit apartment (6 stories) (20% affordable) 25 units of row housing. (4 stories) 45,500 square feet of retail space including two restaurants. A two-level underground parking ramp. The retail space would be located on the France side of the project. Access to the residential portion of the development would be from 72nd Street. Access to the retail portion would be off of France Avenue. The existing vegetation and trees on the west side of the site would remain to provide screening from the residential area to the west. (See applicant narrative and plans on pages A4 -A24.) To accommodate the request, three amendments to the Comprehensive Plan would be required: Building Height — from 4 stories to 6 stories. Housing Density — from 30 units per acre to 50. > Floor Area Ratio —from .5 to 1.41. A rezoning of all the property would then be required to PUD, Planned Unit Development. City of Edina - 4801 W. 50th St. - Edina, MN 55424 MEMO � A, o e 0 The compliance table below demonstrates how the proposed new building would comply with the current zoning of POD -1, Planned Office District - 1. * Variance or would require change to PUD The proposed uses would be a significant upgrade to the current use of the site. However, the proposed density is significant, and nearly triples the density allowed on site per the existing Zoning. The recently approved senior housing project at 6500 France Avenue and the Lennar project are the only projects over 50 units per acre. See the table on the following page. City of Edina - 4801 W. 501h St. - Edina, MN 55424 City Standard (PCD -3) Proposed Building Setbacks Front — France Avenue 80 feet 35+1- feet* Front — 72 nd Street 80 feet 25+1- feet* Side — South 80 feet 9-35 feet* Rear — West 46 feet 60 feet Building Height Four stories and Six Stories & 80 48 feet feet* Maximum Floor Area .5% 1.41%* Ratio (FAR) Parking Stalls 200 — retail 202 spaces 357 enclosed 375 stalls enclosed (residential) Parking Stall Size 8.5' x 18' 8.5 x 18' Drive Aisle Width 24 feet 24 feet * Variance or would require change to PUD The proposed uses would be a significant upgrade to the current use of the site. However, the proposed density is significant, and nearly triples the density allowed on site per the existing Zoning. The recently approved senior housing project at 6500 France Avenue and the Lennar project are the only projects over 50 units per acre. See the table on the following page. City of Edina - 4801 W. 501h St. - Edina, MN 55424 High Density Development in Edina OMMUC A, A 0 0 Development Address Units Units Per Acre Yorktown Continental 7151 York 264 45 The Durham 7201 York 264 46 York Plaza Condos 7200-20 York 260 34 York Plaza Apartments 7240-60 York 260 29 Edina Place Apartments 7300-50 York 139 15 Walker Elder Suites 7400 York 72 40 7500 York Cooperative 7500 York 416 36 Edinborough Condos 76xx York 392 36 South Haven 3400 Parklawn 100 42 The Waters Colonial Drive 139 22 6500 France — Senior Housing 6500 France 188 80 Lennar 6725 York 240 52 7200 France Project — Proposed 7200 France 195 50 TRAFFICISITE ACCESS A traffic study would be required to determine the impacts on adjacent roadways. The applicant is proposing a right -in and right -out access on France Avenue, and a full access off 72nd Street. Access to the underground ramps would be off of both France Avenue (for the retail uses) and 72 nd Street (for the housing.) Valet parking is also proposed on France Avenue with a right in and right out. This is an existing condition, but would still need County approval given the increase in the use proposed for the site. City of Edina - 4801 W. 50th St. - Edina, MN 55424 MEMO A, e 4, tg.­ 0 AFFORDABLE HOUSING The applicant is proposing 20% of the units for affordable housing as part of this project. That would be 39 units towards the City's goal of 212 new affordable housing units by the year 2020 with the Met Council. SUSTAINABLE DESIGN As indicated in the project narrative, the applicant is pledging this project to include sustainable design principles. (See page A4.) The applicant has also mentioned the use of solar panels on the roof. COMMPREHENSIVE PLAN This property is located in the OR, Office Residential District in the Comprehensive Plan. The Plan indicates that there are no existing examples of the intended uses for this district within the City. Primary uses are offices, attached or multi -family housing; secondary uses include limited retail and service uses (no big box). "Vertical mixed-use is encouraged and may be required for larger sites." Development guidelines include upgrading existing streetscape and building appearance, improve pedestrian and transit environment, encourage structured parking. This project meets the goals of vertical mixed-use, improved building appearance, improved pedestrian environment, and provides underground parking. Project would also help meet the city's affordable housing goals. F;W-11 The purpose and intent of a PUD is to include most or all. of the following: a. provide for the establishment of PUD (planned unit development) zoning districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the City's Comprehensive Plan; b. promote a more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City; City of Edina - 4801 W. 501h St. - Edina, MN 55424 MEMO A, o 0 c. provide for variations to the strict application of the land use regulations in order to improve site design and operation, while at the same time incorporate design elements that exceed the City's standards to offset the effect of any variations. Desired design elements may include: sustainable design, greater utilization of new technologies in building design, special construction materials, landscaping, lighting, stormwater management, pedestrian oriented design, and podium height at a street or transition to residential neighborhoods, parks or other sensitive uses; d. ensure high quality of design and design compatible with surrounding land uses, including both existing and planned; e. maintain or improve the efficiency of public streets and utilities; f. preserve and enhance site characteristics including natural features, wetland protection, trees, open space, scenic views, and screening; g. allow for mixing of land uses within a development; h. encourage a variety of housing types including affordable housing; and ensure the establishment of appropriate transitions between differing land uses. The proposed project would incorporate most of the items noted above. Most notably would be the provision of affordable housing, high quality building design, sustainable principles, mixed use, pedestrian oriented design, and transitional building height to the lower density residential area to the west. The applicant has also indicated a willingness to provide a sidewalk connection and playground equipment to the city owned green space on Bristol nd Boulevard. (Seepages A1 -A3.) Additionally, public art is contemplated on the corner of 72 and France. 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N ID: Print Date: 6/19/2014 Owner Market Name: Total: Parcel 7200 France Ave S Tax Address: Edina, MN 55435 Total: Property Sale Type: Price: This map is a compilation of data from various sources and is furnished "AS IS" with no Home- Sale representation or warranty expressed or stead: Date: implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. Parcel 3.51 acres Sale COPYRIGHT@ HENNEPIN COUNTY 2014 Area: 152,751 sq ft Code: A Think Green! 4( 4 ;Ll A? 333 Washington Avenue North, Suite 21U, union maza, minneapous, MN 0314U I T. 612.676.2700 F: 612.676.2796 www.djr-inc.com June 16 2014 Cary Teague, Planning Director Planning Department Edina City Hall 4801 W. 50th St. Edina, IVIN 55424 Project: Mixed -Use Redevelopment i. Location: 7200 France Avenue South Subject: Sketch Plan Narrative Proposed Redevelopment: This presentation for Sketch Plan Review is a conceptual design for the redevelopment of the site at 7200 France Avenue South. The proposal is to demolish the existing office building and associated parking and construct a mixed-use redevelopment of approximately 480,000 SF with site improvements and including garage area. The proposed project includes approximately 195 residential units, 26,500 SF of restaurant/retail/office space, and approximately 570 parking spaces. City and Neighborhood Betterment: The proposed redevelopment of this parcel from office to residential and retail uses will benefit the city and area surrounding the project in the following ways: • Provide housing in close proximity to commercial and office sectors (80%/20% split of market rate to affordable housing) • Provide convenient retail and office uses in the area. • Locates parking within building creating better visual environment for vehicular and pedestrian traffic around the site • Improve the site with more vibrant uses and an attractive building • Create a greener and more environmentally friendly development improving storm water rates through retained green space, green roofs and rain gardens. • Alternative energy options including photovoltaics are being pursued to lower the projects carbon footprint. • Provides small scale neighborhood serving retail. • Add new businesses to the Edina tax base. PUD / Zoning: The project proposes to change the zoning of the site from POD -1 to a PLID using the MDD-6 as a basis for the zoning entitlements. The application for a PLID is based largely around a desire to develop a more pedestrian friendly development, a mixture of uses and a greater density for the site. The proposed building will enclose the vast majority of parking below grade and maintain a 60'-0" setback and existing vegetative buffer from the residential neighborhood to the west. In addition, the site is structured to keep the higher height and density toward France Avenue with the lowest height toward the residential neighborhood. 6 7200 France Avenue South — Sketch Plan Review Narrative Comprehensive Plan / Greater Southdale Area Land Use and Parking Final Report The current comprehensive plan has recommended office and high density residential uses for this site area and neighborhood from 69th street south to Parklawn (Edge West District) in the Greater Southdale Area Land Use report. In addition, the site is within the Southdale area of mixed-use region around the mall in the character defining areas in the Comprehensive Plan. The proposed project is in keeping with that high density housing concept while keeping the commercial aspects open to office, retail or restaurant uses. The current site size is 3.51 acres (152,751 SF). The proposed development not including garage space is approximately 193,000 SF for a proposed FAR of 1.26. We believe the redevelopment of this site would be an improvement for the city and one that will enhance not only the character of the area, but also the city itself. Sincerely, Sheldon Berg, AIA Principal Cc: Adam Seraphine, NHH Properties Lori Boisclair, Boisclair Corporation 7200 France Avenue South - Sketch Plan Narrative.doc A�5_ 2 All France P NHH PROPERTIES DJR DESIGN : BUILD : MANAGE APCI il T Ec-� I , )�,l � N 7206 Fran ce AvO S sm f Wal ! rl- 4w Interstate494 NHH PROPERTIES DJR DESIGN : BUILD : MANAGE APCI il T Ec-� I , )�,l � N -Site Specifications Dimensions 52D.01 X 325.01 Sq Ft 169,008.45 Acres 3.88 Current Site Plan 3 -Story Office Building 135 Surface Level Parking Spaces to the rear of the building T -- IC M - Pp' W 1 4.110 v -001. Olt A AW, I DIV 0 v "i : il 0 1 OR 2 Nil 0 IN :9 LTA I PAA :1 lltll- Edina, Minnesota V4, PRIZ CD U) 0 0) E I u po it tll, RN, AW, �Wx 11 v74v v's lk i4 '#A I'll WN W , Mi ply, ol i Ilk lit i "W10M C,V. ITUP, jl'V4. I i'D �Jl 7-1 V Z%7 A -or, At I hwc. qr, N Af 4N. - �j i Rril; AA )ftpw 7, 1:3 Edina, Minnesota �77, MAN v 1mv Id .;4v 17FIT7, SII ALM VRW� qr, Maw oil NFL , ll!E�11111111 33'SETBACK Om 2 Owfil 0 Edina, Minnesota SAM .1056 REA,- 16 BOISCLAIR "V� I k NHH PROPERTIES ' DESIGN : BUILD: MANAGE DJR ARCHITECTURE INC. low, DJR ARCHITECTURE INC. Project Program Summary Uses SwuryApartments w— Homes ow Retail/Restaurant (incl 3,000 mezz) Program Subtotal Parking Grand Total Project Parking Summary Use 170 Apartments 25 Townhomes 26,500 SF Retail Space - (1) 7,500 Restaurant + 19,000 SF Retail Use Area (GSF, Incl stairs, elevators, etc) 15 1,000 S F 42,600 SF 26,500 SF 90/4 220,100 SIF to --Ol* A ;Z 341 0 FA 204,400 SF on 2 levels 424,500 SF Parking Requirement Total Required 1.75 per unit (.75 "open") 307 2 per unit 50 Total Provided 325 50 8 per 1,000 SF for retail. Restaurant = 1 per 3 seats + 17S/3 = 59 + 25 staff + 1 per employee no major shift 116 retail = 200 202 557 577* Parking requirements per: Ch 36, Art XII, Supplementary Dis Regs, Div. 3 - Parking Circulation - Subdivision 11 Parking Space Parking space size requirement: 8 1/2 x 18 w/24' -O" drive aisle *577 spaces on (2) gargage levels ind R spaces on plaza level. m m U� N! G-) Oil A.t ail > J- jF- Zra It 43% impil NHH PROPERTIES DJR DESIGN : BUILD : MANAGE /\F�C� 11 1 LC -1 URE tNC Illow'. bil 7-7: !7 4!.j NHH PROPERTIES DESIGN : BUILD: MANAGE DJR ARC[-IITECTLJRE INC illy NHH PROPERTIES DJR DESIGN : BUILD : MIANAGE Mezzanine ROW HOUSE TYPE RESIDENTIAL - ------------ � - I - - - -- - - - - -- - - . - CL -n 0 0 1 m z Ail) m m U-) Ln G-) 7- Ia w r7l cm m z O;u -u Lo Contact Information Ownership Group Lori Boisclair Boisclair Corporation 3033 ExceLsion Blvd, Suite 215 Minneapolis, MN 55416 Ph: 952.905.2448 Fx: 952.922.3071 LboiscLairfaboiscLaircorporation.com BoisclairCorporation.com Adam Seraphine NHH Properties 317 2nd Ave S, Suite 800 Minneapolis, MN 55401 Ph: 612.616.5801 Fx: 952.400.5611 adam(anhhproperties.com AdamSeraphine.com Project Architect Dean DovoLis DJR Architecture 333 Washington Ave N, Suite 21 D Minneapolis, MN 55401 Ph: 612.817.0313 Fx: 612.676.2798 ddovotis(adjr-inc.com dir-inc.com CITY OF EDINA MEMO A, City Hall - Phone 952-927-8861 Fax 952-826-0389 - www.CityofEdina.com 0 0 Date: June 25, 2014 To: Planning Commission From: Cary Teague, Community Development Director Re: Sketch Plan Review — 4121 West 501h Street The Planning Commission is asked to consider a sketch plan request to allow a change in use of the existing two-story apartment building at 4121 West 50th Street. (See location on pages Al -A3.) The proposal is to continue the multi -family use on the first floor and lower level, and remodel the second floor into office space. A PUD rezoning is therefore proposed to allow for the mixed use within the building. The existing building contains nine residential units. Most units have 2 bedrooms, with 1.5 bathrooms and are roughly 1,000 square feet in size. The building recently was significantly remodeled. (See the applicant narrative and building plans on pages A5 -Al 5.) There are no plans to expand or modify the exterior of the building. The proposal would simply be for a remodel of the 2nd floor interior and change of use. The proposed plan would maintain the two residential units in the basement or lower level; maintain the four units on the first floor; and remodel the three units on the third floor into office space (4,250 s.f.). The property is currently zoned Planned Residential District 4, PRD -4 and is guided, MXC, Mixed Use Center. The MXC allows multifamily residential and office space. Therefore, the proposed use would be consistent with the Comprehensive Plan. (See page A3.) The following would therefore be required to accommodate the request: Rezoning from PRD -4, Planned Residential District -4 to PUD, Planned unit development to write a specific zoning ordinance for the site to allow the proposed uses. This property is located within an area of the City that is designated as a "Potential Area of Change" within the 2008 Comprehensive Plan. (See page A4.) The Comprehensive Plan states that within the Potential Areas of Change, "A development proposal that involves a Comprehensive Plan Amendment or a rezoning will require a Small Area Plan study prior to planning application. City of Edina - 4801 W. Soth St. - Edina, MN 55424 MEMO A, o e Q-13 0 However, the authority to initiate a Small Area Plan rests with the City Council." The City Council is therefore requested to determine if a Small Area Plan is necessary. The following is a compliance table that demonstrates how the proposed building would comply with the PRD -4 standards and show residential densities in Edina. The proposed office use is currently not allowed in the existing PRD -4 Zoning District. Compliance Table Existing condition **Variance Required Staff has some concern in regard to potential future lack of parking. However, the vacant lot to the south, owned by the applicant could however, serve as proof -of - parking if needed. (See page A2.) For now the applicant would continue to maintain this open lot as open space for the neighborhood. (See narrative.) This vacant site however, is zoned and guided for low density residential use. As part of any rezoning application a site plan would have to be provided to show parking stall and drive -aisle circulation. A traffic study would be required to determine impact on the adjacent roadways. City of Edina - 4801 W. 501h St. - Edina, MN 55424 City Standard Proposed (PRID-4) Front - 50th Street 35 feet 30 feet* Front - Indianola 35 feet 25 feet* Side - south 35 feet 40+ feet Side - east 35 feet 20 feet* Building Height 4 stories or 2 stories 48 feet, whichever is less Building Coverage 30% 21% Density - Comp. Plan 12-30 units max 12 units/acre Parking Stalls 1.25 enclosed space +.75 9 enclosed= 11 surface" (Commercial District) surface spaces per unit 1/200 s.f. for office 25 surface +8 enclosed required Existing condition **Variance Required Staff has some concern in regard to potential future lack of parking. However, the vacant lot to the south, owned by the applicant could however, serve as proof -of - parking if needed. (See page A2.) For now the applicant would continue to maintain this open lot as open space for the neighborhood. (See narrative.) This vacant site however, is zoned and guided for low density residential use. As part of any rezoning application a site plan would have to be provided to show parking stall and drive -aisle circulation. A traffic study would be required to determine impact on the adjacent roadways. City of Edina - 4801 W. 501h St. - Edina, MN 55424 Future Land Use Plan with Building Heights City of Edina Northeast Quadrant 2008 Comprehensive Plan Update Figure 4.6A Data Source: URS 0.5 Miles Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design A3 4-53 Figure 4.4 City of Edina Conceptual Land Use Framework: 2008 Comprehensive Plan Update Potential Areas of Change Date of Aerial Photography: August 2006 () 0 0.5 Miles Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design ALL 4-33 11-� Legend: Potential Areas of Change il a S�'.. W 391h St I - North France Avenue 2 -Neighborhood connnnercial Nodes 3 - Cornrnunity Commercial Nodes 4- So thdale Area 11 5 - C.rnrnerciaWffice Corridors —7 i i L on IN a S 21 W . 41 0 Hill R 169 2 IN 78th t bI W1191I.S1 Figure 4.4 City of Edina Conceptual Land Use Framework: 2008 Comprehensive Plan Update Potential Areas of Change Date of Aerial Photography: August 2006 () 0 0.5 Miles Edina Comp Plan Update 2008 Chapter 4: Land Use and Community Design ALL 4-33 11-� APf Ll (41V T �fAR(,+J-) L)�E 4121 West 50th Street Dromoland, LLC's Proposed Planned United Development Planned Unit Development — Proposed Use Description Dromoland, LLC currently owns the land and the building located at 4121 West 50"' Street, Edina, Minnesota 55424 (the "Property"). Dromoland, LLC is a wholly-owned subsidiary of EGO Holdings, LLC, a single member LLC owned solely by Edgar Gerald (Jerry) O'Brien. The Property is currently zoned PRD -4. Historically, the building's primary use since Dromoland has owned it has been as a multi -unit residential building with limited professional space on the second floor used as the building's management and leasing office. However, Mr. O'Brien would now like to use the existing second floor space and obtain approval for the second floor use, as may be necessary, for institutional (non -retail) investment management business purposes, resulting in the Planned Unit Development ("PUD") proposal that follows. Dromoland's proposed PUD would seek rezoning the Property to a mixed use classification. Such a change would accommodate -both the building's current primary use as a multi -unit residential building as well as allow for the use of the existing second floor office space to house a proposed institutional investment business. The proposed PUD would also allow for the repurposing, as necessary, of a portion of the building's second floor that currently includes the building's management/leasing office, a large gathering area, and two fully equipped and rentable residential units. The repurposing would take advantage of the existing configuration and, with minor renovations, allow for the entire second floor space to be used for institutional investing purposes to the extent the entire second floor is needed for such purposes. If not, the two residential units would remain for lease to individual residential tenants. To the extent expansion is someday required, the modest renovations would include converting the two existing residential units into office space by removing non -load bearing walls, and creating walkways between what are now separate units. Such changes would not include any modifications to the exterior of the building. The total square footage of the proposed complete second floor office space would be approximately 4,250 square feet. Unlike many financial service and investment brokerage offices, Dromoland's proposed use will have no retail customer traffic although it will maintain normal business hours of approximately 7:00 a.m. to 7:00 p.m., Monday -Friday, excluding typical bank and exchange holidays. The work hours will co -exist well with the residential uses of the building, because the tenants typically would be gone during the workday when employees would be working in the office. Dromoland anticipates a maximum of 20 employees in the event a fall expansion of the second floor is completed for business uses. As for parking, the Property currently can accommodate approximately 19-20 parking spaces (9 interior and 10-11 exterior). If further parking is required, Dromoland is willing to explore several options, including, but not limited to, approaching the neighboring church to lease parking spaces in the church's lot as well as looking into similar arrangements with other commercial neighbors. I A5` The Buildin In 2009, Dromoland remodeled both the exterior and interior of the 1950s Georgian multifamily building. The exterior fagade was enhanced with the addition of a front porch including white colurrms and a functional balcony on the second floor. Inside, the building was completely renovated into eight residential units. Most of the units have two bedrooms and I V2bathrooms. The lower level unit recently was renovated into a handicap accessible unit, including a walk -out patio. Since the renovation, the building has been used as temporary housing for Edina residents who typically are remodeling their permanent homes, executive transfers searching for homes, or, in one recent situation, by a family renovating their home to accommodate accessibility needs of their son who suffered a debilitating sports injury. During the extensive 2009 renovation of the Property, great care was taken to promote energy efficiency, accessibility and reuse and repurposing of the existing building. The remodel included energy efficient appliances and windows, LED lighting, and abundant natural light that was maximized by the building's enhanced design. In fact, the design work was so meticulous that it won the 2010 ROMA design award from the Builders Association of the Twin Cities (details at: http://www.stoneheartluemodeling.com/awards.html). Civic Involvement As long-time residents of Edina, Mr. O'Brien and his wife, Lisa, are actively involved in the community. From sponsoring Edina events and projects to hosting numerous neighborhood events for residents, the O'Briens are inextricably intertwined in the community. In addition to the O'Briens' city involvement, the O'Briens host many community gatherings where neighbors have a chance to meet and interact with local, state and national policyrnakers. Similarly, the O'Briens are long-time financial supporters, board members and volunteers with Greater Minneapolis United Way; Greater Minneapolis Crisis Nursery; Edina Public School District; Minnesota Community Foundation & St. Paul Foundation; University of Minnesota Weisman Museum of Art; and are dependable contributors to the Edina Community Foundation and Edina Ed Fund. Mr. O'Brien's Backaround Mr. O'Brien has lived in the Twin Cities for more than 20 years and in Edina since 1995. Mr. O'Brien was recruited to the area by Cargill where he worked in its financial businesses for 17 years. Mr, O'Brien left Cargill with the goal of creating a new company, in partnership with Warren Staley (retired CEO and Chair of Cargill and an Edina homeowner for decades). Since leaving Cargill, Mr. O'Brien has managed investments for himself and Mr. Staley, but was limited by a non -compete from managing third party capital. Mr. O'Brien has fully satisfied the terms of his non -compete and now has the opportunity to expand his investment activity to include managing investments for select institutional investors (e.g. college endowment, state retirement plans, family offices). 4 Neighborhood Amenity Dromoland also owns the vacant lot adjacent and behind the Property. The vacant lot is currently used as neighborhood green space. The lot is zoned for a single-family residence, although Dromoland has converted the lot into a T -ball field for use by the building's tenants and neighborhood children (by invitation) and as a neighborhood amenity. The field was recently resurfaced with new infield dirt and re -seeded for use this summer. For the foreseeable future, Dromoland plans to keep the T -ball field as is. Neighborhood Discussions about Proposed Use in preparation for the anticipated PUD rezoning request, Mr. O'Brien has spoken to several neighbors about his proposed use. To date, Mr. O'Brien's proposed use has been well-received and Mr. O'Brien is not aware of any negative comments. Personal Reasons for Proposed Use On a personal level, Mr. O'Brien wants to use this existing space because he lives in the neighborhood, his mother-in-law resides in the condominiums next door to the Property (the Henley), and he enjoys having his family and friends pop -in to visit while walking around 501h & France. MN41B: 4811-3004-6235, v. I 3 Al uring ROMA award-winning design modeled in -lassical style, Edenderry of Edina features high executive apartment units that accentuate [kable" lifestyle while allowing short driving dis- es within the entire Minneapolis/St. Paul region. ated near Edina's 50th and France entertainment -ict, this exclusive living opportunity will make feel right at home and part of the community. Z�_ CA , 'i�Qq jj� Y OF EDINA _.,MEDENDERR The Edenderry of Edina uniquely offers premium, well-appointed apartments that are within walking distance to shops, restaurants, grocery and enter- tainment establishments. The timeless ideals of order, symmetry and grace are reflected throughout the proper Every Edenderry of Edina unit enjoys: Located in the heart of historic Edina, you to c ustoinize the right lease to fit Minnesota, living in comfort and luxury your unique needs. Flexible options 2 Bedroom, 11/2 Bath - Award Winning Design has never been more accessible. include: In -unit Laundry - Abundance of Natural Light Fully -furnished or Vacant Short Term, Long Term, or Seasonal ±1,000 square feet - Spacious Grounds Kids or Dog Friendly Granite Countertops - Walking Distance to Shops Ordinatio I Symmetria I Eurythmia Outdoor Patio Hardwood Floors - Edina School District Order Symmetry Grace Supplemental Storage Lockers LG Appliances - Heated Parking Option -pz lzi 1- 14 -4, 14A -z I _;--J I Z-1 I �:-J] -I zi I zqf I I I C -f I �zj I I _q I ]�J 1 zt I _;-f- I I — I I I q 1.!�, L�J I-- -1 , :-I' -!V it .... ... ... -------------- -- --- - :� ---------- - - . ............ �-ll '. -.7.7.1-1-7� -1 7-1 TOS.OFE-b-E-hDERRYOF EDINA. NIT300 0 III F L21.1 AO 17. C &3 CIC NUMBER 19-35 FLOOR PUN A CONDOMINIUM CLEVATiONS SHOM APE WMENCED TO A 13ENCHMARK AS NOTEO, ON SHEET I OF 2 THE EDENDERRY OF EDINA CIC PIAT L= : DENOTFS11MITED COMMON ELEMENT C'E. 1)&NOTES COMMON ELEMENT "Z,4 Ej 75 7"; JAL e if if Olt BASEMENT 1.0m 1, * f I -- ; "D E'D UMT 001 twit .100 A ----- - ------ . ........... UNIT go FIRST FLOOR unit 0 A U' GARAIGN unfir T.. OARAGIR OWN W1 Lwfr W. - SECOND FLOOR DETAIL A DETAIL B (140 SCALE) (NO SCALE) * Dedurant may subdivide. combine or. convert units into additional units. common elements or- limited common elements. "D E'D UMT 001 awr 9M 19 A ----- - ------ . ........... UNIT go FIRST FLOOR unit 0 A U' GARAIGN unfir T.. OARAGIR OWN W1 Lwfr W. - SECOND FLOOR DETAIL A DETAIL B (140 SCALE) (NO SCALE) * Dedurant may subdivide. combine or. convert units into additional units. common elements or- limited common elements. KA Carlson wit snvlcfs 300000 "D E'D KA Carlson wit snvlcfs 300000 urrium Fit. 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Lh— ft. moz, Oft. ma � b..� dy.f =� 0, R.- 4-01� Carlson PAWISSIONAL 39 KVICIS twr - - �19 - M�—r�-ft . tw-Pilfil BASEMENT /11-3 www !A=-- ONWN 4 rx * *1 IN) a pwmmv; �.Mm xi onar VIA) 2W VOW4 AK fV ............... ---- — — ----------------- "R 0 OWA IN ;hmn-w 4,im� Ma -mm-% MIRRST FLOOR /11-3 www !A=-- ONWN 4 rx * *1 IN) a pwmmv; �.Mm xi 1,6 1A, --- - ---------------------- q ----------- --------------------- ------------ MBER 1-930 *i Ni D 0. M' lNil-i- tf-,T - M )ERRY 0F EDINA Ic PLA -T wmxv v- vtt-� 1 ;'BY SECON-15D FLOOR DETAIL, A 0 � S---- WOM-1 lzu-ovcm Ww"OV0 DETA ------------- UUM 0' . . . . . . . . . . . wmxv v- vtt-� 1 ;'BY SECON-15D FLOOR DETAIL, A 0 � S---- WOM-1 lzu-ovcm Ww"OV0 DETA t il 30. 8 -41. S 4.71 -Ir it, 3 ri. I �� . i MI. Yt I —;"� 4WAMI t il 30. 8 -41. S -7 AA ko .4 4?fl u 1MM3 w"Wo Qum szom - -4-Yi imnMoomm -I'm vowas )on IJLA 0-1 owsDa Sao,= - DWR3 smoNria. wid op TMIGH JO .4kUZla([Na(la HHJL RIUMINOC(MOD v 926 T HHEINfiN, DID NYUCI nis Volilo A b3 -7 AA ko .4 4?fl u 1MM3 w"Wo Qum szom - -4-Yi imnMoomm -I'm vowas )on IJLA 0-1 owsDa Sao,= - DWR3 smoNria. wid op TMIGH JO .4kUZla([Na(la HHJL RIUMINOC(MOD v 926 T HHEINfiN, DID NYUCI nis Volilo A Date: June 25, 2014 To: Planning Commission From: Cary Teague, Community Development Director Re: Zoning Ordinance Amendment Consideration — Exterior Lighting MEMO A, o e 17 0 T;T LA As part of the 2014 Planning Commission Work Plan, the Commission is asked to consider an Ordinance amendment regarding exterior lighting within all zoning districts. Staff has conducted a survey of other cities regulations for light, and found that the City of Edina allows much brighter lighting in comparison. (See attached summary and regulations from other cities.) The draft ordinance attached would more closely align with the standards in the Twin Cities. The Planning Commission is asked to consider the amendment, recommend changes and direct staff to schedule a public hearing on the changes. City of Edina - 4801 W. 50th St. - Edina, MN 55424 ORDINANCE NO. 2014-_ AN ORDINANCE AMENDMENT EXTERIOR LIGHTING REGULATIONS IN ALL ZONING DISTRICTS THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Subsection 36-1260 of the Edina City Code. Lighting is amended as follows: Sec. 36-1260. Lighting. All exterior lighting and illuminating devices shall be provided with lenses, reflectors or shades so as to concentrate illumination on the property of the owner or operator of the lighting or illuminating devices. Rays of light or illumination shall not pass beyond the property lines of the premises utilizing the lights or illumination at an intensity greater than 0.5 thFee footcandles measured at property lines abutting property zoned residential and 1 t -e* footcandles measured at property lines abutting streets or property zoned nonresidential. No light source, lamp or luminaire shall be directed beyond the boundaries of the lighted or illuminated premises. Section 2. This ordinance is effective immediately upon its passage. First Reading: Second Reading: Published: Attest Debra A. Mangen, City Clerk Existing text — XXXX Stricken text — XXXX Added text — XXXX James B. Hovland, Mayor cltv # Foot Candies from Residential # Foot Candies from Commercial/industrial Apple Valley Blaine 0.4 1 Bloomington 1.5 1.5' Columbia Heights 0.5 1 Coon Rapids 3 3 Cottage Grove 0.5 1 Eagan 0.5 0.5 Hopkins 0 0 Lakeville 1 1 Maple Grove 1 1 Minnetonka 0.5 1 Burnsville 0.5 1 New Brighton 0.4 0.4 Plymouth 0.3 0.8 Robbinsdale 0.4 1 St. Louis Park 0.5 1 Eden Prairie 0.5 0.5 Wayzata 4 1 Edina 3 10 Minneapolis 0.5 5 Average 1.4 1.8 * Inforomation not given THE CITY OF APPLE VALLEY § 155.112 OUTDOOR LIGHTING. (A) The goal of these guidelines is to allow outside lighting for the functional and security needs of the neighborhood convenience center, without adversely impacting adjacent properties. (B) Lighting shall enhance the overall aesthetics of the site. (C) Security lighting shall be provided, particularly at pedestrian walkways and all entries. (D) Lighting standards and canopies shall be integrated with the architectural design of the buildings and shall be no more than 20 feet above finished grade. Detached canopies for gasoline sales shall be no more than 20 feet from finished grade to top of canopy. All exterior canopy materials shall match the color of the main building. Canopy support posts shall be enclosed in the same masonry materials utilized on the main entry face of the building. Light sources (other than signs) attached to canopies shall be concealed on the underside of the canopy, either built into the canopy ceiling or contained within concave lens illumination boxes which cast light vertically to the surface of the pavement. (E) Exterior speakers may be used for required fire and safety purposes only. No advertising or entertainment broadcasting shall be permitted through exterior speakers mounted on the exterior of neighborhood convenience center building or auxiliary structures. (F) Light sources (light bulbs) shall not be visible from adjacent properties and shall not project a glare on to adjacent properties. They shall be shielded to reflect light down onto the ground and not out onto the streets or neighboring property. ('81 Code, § Al -35) (Ord. 291, passed 4-21-83; Am. Ord. 436, passed 2-23-89; Am. Ord. 462, passed 10- 12-89; Am. Ord. 47 1, passed 1- 11-90) City of Blaine Zoning Ordinance 33.00 Performance Standards 33.02 Lighting (Entire Section Amended 7-9-98. Ord. No. 98-1732) industrial, or multi -family zoning districts, any lighting used to illuminate off street parking and r structures shall, except as permitted under 33.02(e), consist of downcast style fixtures with a light source to prevent glare or spill to adjacent right-of-way or properties. (a) In all commercial, driving areas, signs, o concealed or shielded (b) Pole -mounted lighting in commercial, industrial, or multi -family residential zoning districts shalt not have pole heights exceeding 20 feet. Pole heights exceeding 20 feet for larger commercial or industrial parking areas (exceeding 120 parking stalls or sites with developed area greater than 2.5 acres), or outdoor recreational facilities in all zoning districts may be considered with review and issuance of a Conditional Use Permit. deemed necessary by the City to nit the hours of operation of neighborhood. k 11 (d) Direct or sky -reflected glare, whether from floodlights or from high-temperature processes, such as com USL 0. — welding, shall not be directed into any adjoining property. No flickering or flashing lights shall be allowed. Lighting shall not be placed on a site if the light source or its reflected image can be viewed directly from a location off the site. (e) Direct view ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected views of the light source are eliminated by reducing light intensity, fixture 1 fixture. City approval of direct view ornamental light fixtures shall be by City Council design, or location of the lighting action in the form of either a Conditional Use Permit or subdivision approval. (f) The City shall require submission of a light distribution plan to ensure compliance with the intent of this Ordinance for citt __ . ........ rcial, industrial, or multi-famity residential developments, as welt as commercial, industrial, or multi -family residential redevelopment or additions which exceed 20% of the floor area of the principal structure. This plan shall include the type, arrangement of proposed lighting, and proposed lighting Levels in foot -candies at all locations on the site including its property boundaries and edge of all adjacent roadways. Printed 6/14/2011 - 11:38 A Page 1 of 1 Woomington City Code - Section 21.301.07. EXTERIOR LIGHTING. Page I of 3 --4Q BLOOMINGTON if I-retace 1 1. Charte 111. Code I ELL[Lt I SEARCH 11 < Back I Forward > 11 Part 11. Code Chapter 21 ZONING AND LAND DEVELOPMENT Article Ill. DEVELOPMENT STANDARDS Added by Ord. No. 2006-35, 9-11-2006 Division A. General Standards Added by Ord. No. 2006-35 9-11-2006 Amended by Ord. No. 200i-54, 12-18-2006 http://www.ci.bloomington.nin.us/code/l�ndex.php/o/Page/P/3043 6/13/2011 Bloomington City Code - Section 21.301.07. EXTERIOR LIGHTING. Page 2 of 3 SEC. 21.301.07. EXTERIOR LIGHTING. (a) Purpose and intent. The City of Bloomington recognizes the health, safety, welfare, and aesthetic value of providing lighting standards in the community. This Section's provisions are intended to: (1) Promote the public health, safety, and general welfare; (2) Establish efficient and cost effective lighting requirements adequate for safety and security; (3) Reduce light pollution, light trespass, glare, and offensive light sources; (4) Provide an environmentally sensitive nighttime environment; (5) Discourage inappropriate, poorly designed or installed outdoor lighting by requiring quality lighting design, light fixture shielding, and maximum uniformity ratios; (6) Protect motor vehicle operators, pedestrians, and adjacent land uses from glare; and (7) Implement the City's Comprehensive Plan. (b) Lighting plan. Except for single and two-family dwellings, no exterior lighting may be installed prior to approval of a lighting plan by the Issuing Authority. Modifying approved lighting, including lamp or fixture substitution, requires Issuing Authority approval. Effective January 1, 2009, all plans must be signed by a registered Electrical Engineer or a Lighting Certified (LC) professional certified by the National Council on Qualifications for the Lighting Professions. The lighting plan must include the following information and attachments: (1) Name of project, developer, property owner, and arch itect/desig ner (all applicable); (2) Date of initial plan preparation and all amendments; (3) Scale of plan (engineering scale only, at a scale of one (1) inch equals fifty (50) feet or less) with North point indication; (4) An accurate site plan indicating the location of property lines and all existing and proposed land improvements including but not limited to buildings, parking lots, aisles and driveways, streets, walkways and accessory structures; (5) The location and description of all existing over story landscaping unless an approved or proposed landscape plan is provided; (6) The location and height above grade of all proposed and existing exterior fixtures (includes decorative and all mounted lighting) on the property; (7) Control descriptions including hours of operation and type of controls (timer, motion sensor, time clock, etc.), the light fixtures to be controlled by each type, and control schedule; (8) Two separate photometric plans superimposed on a site plan (See Section 21.301.07(b)(5)), one plan with the initial at -grade foot-candle levels and the other the maintained at -grade foot-candle levels. Photometric points must be on a grid ten feet by ten feet or less across the entire site and a minimum of ten feet or more beyond the lot or parcel property line. Each point must be to the nearest 0.1 foot-candle; (9) A luminaire schedule table indicating maximum to minimum uniformities for each specific use area such as parking and circulation areas, pedestrian areas, and other common public areas, the type of light source, light source wattage and initial light output lumens rating, color rendering index, color temperature and light loss factor of each lamp source; (10) Detailed information on each light fixture including copy of the manufacturers catalog information sheet and IESNA photometric distribution type, including any http://www.ci.bloomington.mn.us/code/index.php/o/page/p/3043 6/13/2011 (1 1)Energy use calculations showing compliance with the Minnesota Energy Code, without exemptions. All parking lots regulated by this Section are considered public parking lots in the Minnesota State Energy Code. (c)Lighting standards. In addition to the following specific requirements, all exterior lighting must comply with the standards set forth in Section 21.301.07. (1)No person may install or operate any device with light levels other than as specified in this Section. (2)Lurninaire. A complete lighting unit extending from a support structure, parallel to the ground, consisting of a light source and all necessary mechanical, electrical and decorative parts. The light source, lens and other components do not extend below the cutoff angle for the luminaire where a 90 degree cut-off is required. A luminaire does not include a pole or other support. All lighting, unless specifically allowed in this Section, must be 90 degree cut-off with a flat lens design as shown in Section 21.301.07(c)(3)(A). (3)Graphic illustration (A)Examples of 90 degree cut-off, flat lens fixtures (4)Architectural lighting of building facades, signs, landscaping or other features. The installation of lighting for architectural, aesthetic, or decorative purposes is permitted subject to the limitations in the Minnesota State Energy Code and the following restrictions: (A)Upward aimed lighting (except for flagpoles) must not exceed 22,500 initial light output lumens per source and must not exceed an average of 15 initial light output lumens per square foot for each facade or must not exceed 35 initial light output lumens per square foot sign surface illuminated. All upward aimed light must be fully shielded from public view. (B)Downward aimed lighting must not exceed 45,000 initial light output lumens per source, must not exceed an average of 30 initial light output lumens per square foot for each facade illuminated or 70 initial light output lumens per square foot of sign illuminated and must have a 90 degree cut-off with a flat lens. (C)ln no instance may the combined upward and downward lighting for building facades exceed 40 initial light output lumens per square foot for each facade illuminated; and (D)AII landscape lighting shall be less than 3,000 initial light output lumens per source or the light source must be fully shielded from view and limited to 10,000 initial light output lumens per source. (5)Flagpoles. A flagpole may be illuminated by no more than three upward aimed fully shielded spotlight light fixtures per flag. For flag poles up to 35 feet in height, the fixtures must not exceed a combined 40,000 initial light output lumens for flags of 35 feet or less in height. An additional 500 initial light output lumens for each foot in flag height, not pole height, over 35 feet is allowed up to a maximum of 75,000 initial light output lumens. The light fixtures must be placed as close to the base of the flagpole as reasonably possible and recessed into the ground. (6)Canopy lighting. Light fixtures mounted under roof overhangs and canopies must be recessed so that the lens cover is recessed or flush with the bottom surface (soffit) of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees from vertical. Lights must not be mounted on the top or sides (fascia) of the canopy for the purposes of illuminating a portion or the entire canopy. (A)Example of complying recessed canopy light: (7)Building entrances or exits. A light source must be located at each building entrance and exit. (8)Glare. In all zoning districts, all lighting must be arranged so as not to shine directly on any adjoining property. A person must not create light that produces glare clearly visible beyond a property line or creates a sensation of brightness within a visual field so as to cause annoyance, discomfort or impairment of vision. Lenses, deflectors, shields, louvers, or prismatic control devices must be used to eliminate nuisance and hazardous lighting to facilitate compliance with this requirement. (9)Parking structures. Luminaires used for illumination of designated pedestrian walkways in parking structures must be at least two times the average illumination or of a significantly different color value than luminaires used for illuminating vehicle parking and drive aisles. (1 O)Proof of lighting. A parking lot used exclusively for daylight use and secured to prohibit nighttime use is exempt from the lighting requirements subject to installation of all conduit and material, other than the lighting and lighting supports, subject to approval by the Issuing Authority. (1 1)Lighting standards. All exterior lighting must comply with the following standards, which vary by use. In the event more than one use is present, the highest regulatory standards apply. Single family and two family dwellings and residential parking lots with fewer than eight parking spaces are exempt from the minimum light levels required but shall comply with the lights source and height requirements. Non-residential uses within 300 Residential zones feet of protected Office / Industrial Retail and service oruses residential uses uses oriented uses Maximum height (Grade to top of 28 Feet 33 Feet Luminaire -- Includes base) iMaximum power for 30,000 Initial Light Output 50,000 Initial Light Out a 90 degree cut-off in Lumens in Lumens — flat lens single light source Maximum power for 4,000 Initial Light Output 8,000 Initial Light Output a zero cut-off single in Lumens in Lumens light source All lights required for security must be on an alternate circuit.All other exterior lighting Special controls must be illuminated no earlier than one hour before the start of business and must be extinguished no later than one hour after the end of business. Uniformity Ratio (Max:Min) (25 foot parking perimeter 6 Max:1 Min 10 Max: 1 Min exempt from this calculation) Minimum illumination on surface (up to a 50 percent reduction allowed for the As required for the 2.0 FC specific uses perimeter 25 feet of parking, loading, access or other surfaced areas) Minimum 10.0 FC within 15 10.0 FC within 30 illumination for 5.0 FC within 5 feet As required for the feet of the feet of the primary building of the entrance/exit specific uses entrance/exit entrance/exit entrance and exits Minimum illumination for 2.0 FC within 3 feet As required for the 2.0 FC within 10 feet 2.0 FC within 15 feet secondary and of the entrance/exit specific uses of the entrance of the entrance emergency building entrance and exits Minimum illumination on the pedestrian access 2.0 FC within 20 feet 3.0 FC within 30 feet 4.0 FC with 60 feet surface from a primary building entrance Minimum illumination on the Two (2) times the minimum illumination level of the area where the crosswalk is designated located. Pedestrian Crosswalks to the primary entrance Minimum illumination on all Parking structures pedestrian access Exterior storage surfaces to primary Same as the parking surface for the use. building entrances Maximum power for 90 other than listed 70,000 Initial Light Output above degree cut-off — flat lens Maximum in Lumens I Output in Lumens illumination at property line (No 0.5 FC 1.0 FC limit along public cut-off single light source Istreet) 6,000 Lumens 6,000 Lumens (12)Lighting for special uses. All exterior lighting must comply with the following standards, which vary by use type. In the event more than one use is present within a development, the more restrictive requirements apply. Service stations and Parking structures automobile dealers I Exterior storage Maximum height 33 Feet(Open air level) 33 Feet Maximum power for 90 50,000 Initial Light Output 70,000 Initial Light Output 50,000 Initial Light degree cut-off — flat lens in Lumens in Lumens I Output in Lumens single light source Maximum power for no 20,000 Lumens (source cut-off single light source shielded) 3,000 Lumens 6,000 Lumens 6,000 Lumens - Initial Light Output in (unshielded) Lumens Required — All lights required for security must be on an alternate circuit. All other exterior lighting must be Special Controls illuminated no earlier than one hour before the start Not Required of business and must be extinguished no later than one hour after the end of business. Max:Min Uniformity Ratio(25 foot perimeter 10 Max: 1 Min Not Required exempt) Minimum illumination on parking surface (up to a 50 percent reduction 5.0 FC enclosed areas 2.0 FC 1.0 FC allowed for the perimeter 2.0 FC open air level 25 feet of the parking, Iloading, access or other surfaced areas) Minimum illumination for 10.0 FC within 15 feet of 10.0 FC within 20 Feet of Pedestrian Entrance and a pedestrian exit and primary entrances 5.0 FC Not Applicable Exits entrance on all levels within 10 feet of secondary entrances 25.0 FC within 35 feet of Vehicle entrance and 100 percent closed exits structure and within 20 2.0 FC Not Applicable feet for structure at least 45 percent open Minimum illumination on the pedestrian access surface within 30 feet of a 4.0 FC Not Applicable primary building entrance Maximum illumination at property line(No limit 1.0 FC 0.5 FC along Public Street) (d)Points of measurement. Illumination measurements taken at the property line will be measured at the greatest point of illumination of said property line. Illumination measurements to determine the minimum and maximum illumination internal to a site will be measured by positioning the meter horizontally at ground level at the highest and lowest points of artificial illumination for the area illuminated and shall not include exempt areas. (e)Prohibitions. After the effective date of this ordinance, no person may install any of the following types of outdoor lighting fixtures: (1)Lights with a Color Rendition Index of less than 50 (except for approved architectural lighting); (2)Lights with a Color Temperature (k) of less than 2,500 K (except for approved architectural lighting); (3)Blinking, flashing, moving, revolving, flickering, changing intensity or color, and chase lighting, except lighting for temporary seasonal displays, lighting for public safety or required for air traffic safety; (4)Any light fixture that may be confused with or construed as a traffic control device; and (5)Any upward oriented lighting, including searchlights, beacons, and laser source light fixtures, except as otherwise provided for in this Section or approved by the City Council for a special event or purpose. (f)Preliminary and final inspection and certification. Prior to the installation of outdoor lighting, an inspection to verify delivery of the approved lamp, fixture, and pole heights must be completed. Before a Certificate of Occupancy may be issued, a post -installation inspection by the Issuing Authority must verify compliance with the approved plan depicting the initial foot-candles levels. Individual points may not vary more than 20 percent with the average of all points within 10 percent of the initial foot-candle level on the approved plans. Any deviation beyond these criteria must be remedied prior to the issuance of a Certificate of Occupancy. (g)Exceptions. This Section's standards do not apply to the following types of exterior lighting: (1)Ornamental lighting. Low voltage light fixtures (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batteries, where any single light fixture does not exceed 200 initial light output lumens; (2)RIght of way lighting. Public lighting located within and intended for the right of way; (3)Temporary lighting. Temporary lighting for approved public sporting events and theatrical, television or performance areas; (4)Required lighting. Lighting required as part of the City of Bloomington adopted Electrical or Building Codes or required by the Federal Aviation Administration or other State or Federal Agency;and (5)Public safety lighting. Temporary lighting for police, fire or public safety construction and repair personnel. (h)Conformance triggers. Any new lighting designed after the effective date of this ordinance must be in compliance with the requirements of this ordinance. Any lighting legally in existence before the effective date of this ordinance that does not comply with its requirements must come into compliance upon the occurrence of any of the following events. Any lighting illegally in existence before the effective date of this ordinance must come into compliance immediately upon adoption of this ordinance. (1)Aiterations to existing lighting. (A)When poles and support structures are removed and replaced for reasons other than acts of god or accidents, they must be replaced with luminaires, poles and supports that comply with this Section; and (B)When luminaires are replaced without replacement of poles or support structure, they must be replaced with luminaires that comply with all provisions of this Section except the minimum light intensity provisions of subsection 21.301.07(c)(1 1). In no event, however, may the existing light intensity levels be reduced below existing lighting levels for the parking area. (2)Removal and replacement of parking lot surface. When less than 50 percent of the gross area of the parking lot surface on a particular site is removed and replaced, the parking area replaced must be provided with lighting in compliance with this Section within 30 days of parking lot completion. If 50 percent or more of the parking area on a particular site is removed and replaced within one year, the entire parking lot or lots on the site where the construction activity occurs must be brought into full compliance with this Section within 30 days of parking lot completion. A parking lot or portion thereof is "removed and replaced" when any portion of the existing parking surface material is removed and a new surface is installed. (3)New parking lots or parking lot additions. When a new parking lot or addition to an existing parking lot is constructed, the new lot or lot addition must be provided with lighting in compliance with Section 21.301.06 of this Code. (4)New structures, additions, or replacements. When a site is improved with new structures or additions to or replacements of existing structures, the lighting for the new structure, addition or replacement on the site must be upgraded with complying lighting and the parking lot lighting must be upgraded with complying lighfing over a portion of the parking area that is equivalent to the amount of parking that would be required for the new structure, addition or replacement by Section 21.301.06 of this Code. In the event the new structure, addition, or replacement is accompanied by new or replaced parking area, the amount of upgraded lighting area must be that required under this subparagraph (4), or that required under, the combination of Section 21.301.07(h)(2) and (3), whichever is greater. (5)Change of type of occupancy. When the type of occupancy for a portion or entire site or structure is changed, site lighting must be upgraded throughout the site, as necessary, to comply with this Section for the structure, or portion thereof, and the parking lot be upgraded for the required parking for the occupancy as established in Section 21.301.06 of this Code. For purposes of determining the type of occupancy of a site, the occupancy classifications of the Minnesota State Building Code must be utilized. (6)Unoccupied sites. When a site has been unoccupied for a period of one year, the lighting must be upgraded to fully comply with this Section prior to any reoccupation of the site. (7)Conditions of approval. When a development application is made for a site, the City Council may as a condition of approval require compliance with any or all of the performance standards of this Section, and the extent of compliance required in such cases may be greater than that otherwise required under subdivision (d), if deemed reasonably necessary to protect the public health, safety or welfare and to achieve the purposes of this Section. (8)Nuisance conditions. Lighting that creates a public nuisance must be brought into compliance upon issuance of orders from the Issuing Authority. (i)Date for final compliance. Notwithstanding any of the above, all site lighting within the City must be in compliance with the minimum illumination levels at ground level as specified in Secfion 21.301.07 no later than January 1, 2012, unless the site or portion thereof meets one of the following exemptions: (1)The site has an approved lighting plan with installation on or after August 19, 1996, and the lighting has been maintained at the levels on the approved plan; (2)The Issuing Authority has approved a lighting plan for the site with phased installation to occur no later than January 1, 2014; (3)The site has an approved lighting plan with installation prior to August 19, 1996, that documents illumination levels of no less than 75 percent of the illumination levels required in Section 21.301.07(C)(1 1) or (12) for the respective use, provided code complying light fixtures are used and illumination levels are maintained as per the approved plan; (4)The site or portion thereof is mapped and scheduled for acquisition by January 1, 2020, by a Federal, State or Local government agency. In the event that only a portion of the site is mapped, only that portion is exempt from compliance; (5)The site is planned for redevelopment prior to January 1, 2020, as evidenced by an approved Preliminary Development Plan; or (6)The City Council has approved a variance exempting compliance due to a hardship or special circumstance. (Added by Ord. No. 2008-13, 4-21-2008,* Amended by Ord. No. 2009-41, 12- 7-2009; Ord. No. 2010- 1, 1- 4-2010) Bloomington City Code - Section 21.301.07. EXTERIOR LIGHTING. Page 3 of 3 11 Preface 1 1. Charter 111. Code I Er!nt I SEARCH 11 < Back I Forward > 11 http://www.ci,bloomington.mn.us/code/index.php/o/page/p/3043 6/13/2011 Page I of 27 C4��\Uln'b-\CNI ��644' SECTION 300.28. PERFORMANCE STANDARDS. 1. Purpose. The purpose of performance standards is to establish specific and quantifiable limitations on identified types of pollution and other activities which have a high nuisance potential. The performance standards apply in all zoning districts unless specifically stated to the contrary. 2. Performance Standards Regulating Exterior Lighting. a) Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any contiguous parcel. Reflected glare or spill light shall not exceedW&WIAW lights installed in public right-of-way shall be excepted from these b) Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses ' shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The city may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. c) No flickering or flashing lights shall be permitted. d) Direct, off-site views of the light source shall not be permitted except for globe and/or ornamental light fixtures approved in conjunction with a site and building plan. Globe and ornamental fixtures shall only be approved when the developer can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by the fixture design and/or location. e) The city may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this ordinance. 3. Performance Standards Regulating Noise and Vibration. a) Noises emanating from any use shall be in compliance with and regulated by the standards of the Minnesota pollution control agency. Any use established or remodeled after the effective date of this ordinance shall be so operated as to prevent vibration discernable at any point beyond the lot line of the site on which such use is located. The city may also limit the hours of operation of outdoor noise if it is deemed necessary to reduce impacts on the surrounding neighborhood. b) Ground vibration and noise caused by motor vehicles, trains, aircraft operations or temporary construction or demolition shall be exempt from these regulations. However, if deemed appropriate, the city may establish limits on the hours of operation of temporary construction or demolition operation to limit off-site impacts 4. Performance Standards Regulating Smoke and Particulate Matter. http://www.amlegal.com/alpseripts/get-content.aspx 6/14/2011 Lor) F11-_1=85IGlare. Lighting shall not be directed into a residential district from another property or obscure drivers' vision on public streets. No lighting fixture shall create more than Vw1k, ADDITIONAL AREA STANDARDS 11-1852 Fences and Walls. For the purpose of this Section, "Fence" includes any non - vegetative freestanding structure, including a wall, designed or functioning to impede movement across or mark a boundary; "Wall" is a fence made of rock, brick, concrete, or similar materials. (1) Construction and Maintenance. (a) Fences must be constructed in accordance with applicable building code provisions, and of materials suitable to the purpose for which constructed. (b) Fences must be maintained in accordance with applicable building code provisions. Any side of a fence facing a neighboring property or street must be finished. For this clause, a "finished" side means a side whose framing, supports, or posts are not visible. (c) Electric, barbed, razor, and wire fences are prohibited. (d) Maximum height without building permit: Six feet. (2) Location. (a) A fence placed within a drainage or utility easement must not impede the flow of runoff or interfere with planned or installed utilities. The City or any utility company having authority to use such easement will not be liable for any damages, or to repair or replace such a fence, in the event it is moved, damaged, or destroyed in the maintenance of the easement or the installation, maintenance, or repair of utilities thereto. (b) Walls are prohibited within drainage or utility easements. (c) Fences are prohibited within site triangles as defined in Section 11-1825. (3) Setbacks. (a) Property Boundary: Within the boundary lines. (b) Public Rights of Way, Trail or Sidewalk Easements: Three feet. (4) Height Maximums. (a) Front Yard Setback: Four feet, except as provided in subsection (4)(f). (b) Street Side Yard, Single Family or Two -Family Residential Uses: Four feet; provided, if the front of the house faces the front yard, six feet between the rear lot line and the front of the house. (c) Interior Side Yard: Six feet. (d) Rear Yard: Six feet. (e) Side and Rear Yards where a Residential District abuts a Commercial, Industrial, or Office District: Eight feet. (0 Front or Street Side Yard, Commercial, Industrial or Office Districts: Four feet, except in an approved site plan.[Revised 3/18/08, Ordinance 1976] 11-1853 Prevailing Front Setbacks. Where adjoining principal structures existing at the time of adoption of this Ordinance have a lesser setback from that required, the minimum front setback of a new structure shall not be less than the average front yards of the principal buildings on each side lot for 240 feet in either direction. In no case shall the front yard setback be less than 20 feet or be required to set back more than 60 feet. 11-1800-16 Sterling Codifiers, Inc. Page I of I CJVo1'%e- GV-C)\/e� 11-6-8: GLARE: A. In all districts, any lighting used to illuminate an off street parking area, sign, building, or yard shall be so arranged as to deflect light away from any adjoining residential zone or from the public streets and will be compatible with adjacent lighting in adjoining districts. Reflected glare of spill light shall not exceed M4"WA-M&WO ay.,1g,�gp , ,,, W -j fTy-,n,ne,,,wneTv,,aevwng any,-c-omrnemw,,,,',p treevignts n alled in public rights of way shall be exempt from these standards. Direct or sky reflected glare, whether from floodlights or from high temperature processes, such as combustion or welding, shall not be directed into any adjoining property. B. Exterior lighting shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices, and limitations on the height and type of fixtures. The city may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. C. No flickering or flashing lights shall be permitted. Holiday lighting shall be exempt from this provision. D. The city may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this section. (Ord. 711, 3-20-2002) http://,A,ww.sterlingcodifiers.com/codebook/printnow,php 6/14/2011 Municode Page I of 30 %C� Sec. 11.70. - Performance Standards. Subd. Purpose. The guiding of urban development so as to develop a compatible relationship of uses depends upon 1. certain standards being maintained. Uses permitted in the various districts, conditional and accessory uses shall conform to the following standards: A. Noise. Any use producing noise shall be in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency. B. Smoke and particulate matter. Any use established, enlarged, or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements of the state pollution control agency regarding emission of smoke and particulate matter. C. Toxic or noxious matter. The discharge of toxic or noxious matter shall conform with the minimum standards as adopted by the Minnesota Pollution Control Agency. D. Odors. The discharge of odors shall conform with the air quality standards as adopted by the pollution control agency. E. Vibrations. Any use creating periodic earth shaking vibrations shall be in conformance with the minimum standards concerning vibration as adopted and enforced by the Minnesota Pollution Control Agency. FF_.� Glare and heat. Any use producing heat or light transmission shall be in conformance with the minimum L___L standards as adopted and enforced by the Minnesota Pollution Control Agency. G. Waste material. Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the city engineer which is consistent with the policies and standards of the Minnesota Pollution Control Agency. H. Bulk storage (liquid). All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemical and similar liquids shall comply with the requirements of the state fire marshals and state department of agriculture offices and have documents from those offices stating the use is in compliance. 1. Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the state pollution control agency. J. Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission. K. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from a residentially zoned property. Subd. Land reclamation and mining. Land reclamation and mining shall be permitted in all districts by conditional use 2. permit and otherwise licensed or regulated by other Code provisions. A. The conditional use permit shall include, as a condition thereof, an approved finish grade plan that will not adversely affect the adjacent land. B. An approved program for regulating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstable slopes, material dispersed from wind or hauling of material to or from the site and general maintenance of the site. Subd. Design and maintenance of off-street parking areas. 3. Drainage. All parking lots, except those for less than four vehicles, shall be graded according to a A. drainage plan that has been approved by the city engineer. Catchbasins, sumps, and underground storm sewers may be required, and all such lots and driveways shall be surfaced with a material to control dust and drainage as approved by the city engineer. B. Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic. C. All off-street parking areas shall be constructed with curbs or similar barriers to contain all vehicles. D. All off-street parking areas for four vehicles or more shall be constructed with concrete curbs. E. Where a parking lot for four or more vehicles is located adjacent to or across the street from a residential use, a solid screen shall be constructed and maintained of not less than three and one-half feet in height to capture the vehicle light beams and muffle the vehicle noise. F. Driveways may only exceed a grade of ten percent where approved by the city engineer. A level area shall be provided for an automobile in front of the garage on residential lots. Subd. Off-site off-street parking and outdoor storage as conditional use. 4. Scope of application. For purposes of this subdivision only, off-site off-street parking and off-site outdoor A. storage shall mean such activity as a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a p(incipal use is located and served by the off-site off-street parking or off-site outdoor storage on the servient parcel. The council intends this provision to provide supplementary off-site off-street parking or off-site outdoor storage that which complements the existing off-street parking or outdoor storage on the dominant parcel. It is not the council's intention to allow off- http://Iibrary.municode.com/print.aspx?clientlD=l 3070&HTMRequest=http%3e/o2P/o2fli... 6/15/2011 Municode 3 Q_ e- , k \ -, 6o , -�5 "-)&' -�- � Tilia cordata ILittle Leaf Linden Fraxinus mandshurica mancana Mancana Ash Page 30 of 31 14. Signage: a. All signs erected on any building or land within the Cedar Grove District must comply with the standards of this section and other applicable sections of this title. b. Wall signs: 1) Wall signage is allowed on buildings in the Cedar Grove District within a horizontal band no more than three feet in height, at least ten feet and no more than 15 feet above the ground. 2) Wall signage may be either: a. Attached: flat and parallel to the surface of the building and projecting no more than one foot from it, or b. Projecting: perpendicular to the surface of the building and no more than one foot in thickness. 3) Attached wall signage shall consist of individual letters or script logos mounted on the building. C. Projecting signs: 1) Projecting signs may project no more than four feet from the front edge of the building and be no more than 12 square feet in area. 2) Projecting signs may not extend over a public right-of-way or public property unless by conditional use permit. 3) Projecting signs may not extend over a designated parking space or loading area. d. Box signs or cabinet signs, whether on a wall, projecting or on canopies/awnings, are prohibited. e. Signs on canopies are allowed only if they are on a surface perpendicular to the ground and if all other requirements of this section as to area and location are adhered to. f. Allowable area of wall signs is one and one-half square feet of signage per lineal foot of building frontage on a public street, public open space, or private parking area. Each wall shall be calculated individually and sign area may not be transferred from one side of a building to another side. In calculating the total allowable area of wall signage, only one side of a two-sided projecting sign shall be counted. g. Freestanding signs, intended to identify tenant(s), provided said signage does not exceed 12 feet in height, are allowed provided the sign is located within a landscaped area or landscaped island. Such signage shall be constructed with a base, constructed of the same materials and colors as the principal building, with a minimum height of three feet and a total sign area not to exceed 45 square feet. In calculating the total allowable area of identification signage, only one side of a two-sided freestanding sign shall be counted. h. Directional signs at driveways and within parking areas, if no more than five feet in height and no more than six square feet in area, are allowed. Directional signs must be setback at least two feet from right-of-way, lot lines, and parking spaces. 15. Lighting: exterior lighting in the Cedar Grove District shall be downcast cutoff type fixtures, and shall follow the styles and types identified in the Framework Manual. No light source may be more than 20 feet above the ground, except by conditional use permit for buildings more than 24 feet in height. b. The applicant for any building project shall provide a photometric lighting diagram prepared by a qualified professional showing light levels, in foot-candles, from all exterior artificial lighting for all points on and within ten feet of the site. C. Lighting levels in exterior parking areas shall average one and one-half foot candle, with a minimum of one-half foot-candle in all locations. d. Lighting levels in interior parking areas shall average two foot-candles, with a minimum of one-half foot-candle in all locations. e. Lighting levels shall not exceed ' ' I abutting property line or right -of W=s a ex end onto the public street, -way line, and no direct glare froARg "ing on site sfare)!t public open space or neighboring properties. K. Reserved. L. Administration. Cedar Grove Design Review. The Advisory Planning Commission (APC) will identify design review conformance as part of their standard land use and zoning review for applications in the Cedar Grove District. Subd Reserved. 22. T Transitional District. http://library.municode.com/print.aspx?clientlD=l3070&HTMRequest=http�/�3a�/�2t�/�2fli... 6/15/2011 Planning Intern From: Nancy Anderson <Nsanderson@HOPKINSmn.com> Sent: Wednesday, June 15, 201110:54 AM To: Planning Intern Subject: RE: Exterior Lighting Ordinances Attachments: image002.gif The only language we have is that the light cannot shine on abutting properties. Nancy Anderson From: Planning Intern [mailto:planintern@ci.edina.mn.usI Sent: Wednesday, June 15, 2011 10:49 AM To: Nancy Anderson Subject: Exterior Lighting Ordinances Ms. Anderson, I am currently researching exterior lighting ordinances for the City of Edina's Planning Department to re -write the ordinance in the City Code. I was wondering if you could possibly direct me to the exterior lighting ordinance in your own City Code online as I have had some difficulty locating it myself. Thank you! Sincerely, Elizabeth Montgomery Elizabeth Montgomery, Plan ni ng Department Intern Fax planintern0cLedina.mmus ... For Living, Learning, Raising Families & Doing Business ,'terling Codifiers, Inc. Page I of 2 'IV 11-16-17: EXTERIOR LIGHTING. Exterior use of lighting systems shall conform to the following provisions to reduce light pollution: A. Intensity: 1. The cumulative light cast by all lights on the property shall not exceed one hundred fifteen (115) foot -candles at ground level measured at any point on the property. 2. No light source or combination thereof which casts light on a public street shall exceed ONSWIP tw"', measured at the right of way or property line. B. Commercial, Industrial And Institutional Uses: Any lighting used to illuminate an off street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right of way in accordance with the following provisions: 1. Shielding: a. The light fixture shall contain a cutoff which directs the light at an angle of ninety degrees (900) or less. b. For light fixtures located within thirty feet (30') of residential zoned property, additional shielding shall be required on the property line side of the fixture below the ninety degree (900) cutoff to direct light away from the residential property. c. Lighting of entire facades of a building shall only utilize illuminating devices mounted on top and facing downward onto the structure. d. The following shall be exempt from the shielding requirements established by subsections B1 a to B1c of this section. (1) Internally illuminated signs and signs with electronic displays as may be allowed by chapter 23 of this title. (2) Light fixtures used to illuminate outdoor recreation areas subject to approval of an interim use permit. 2. Searchlights: The use of searchlights, with incandescent lights only, shall require an administrative permit and shall be limited to not more than two (2) events per calendar year. During any one event, the use of searchlights shall be limited to five (5) days consecutively and shall only be used during business hours. C. Height: 1. The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole shall be thirty five feet (35'). 2. A light source mounted on a building shall not exceed the height of the building. httD://www.sterlinacodifiers.com/codebook/getBookData.php?ft=3 &find= 11-16-17 6/13/2011 Sterling Codifiers, Inc. Page 2 of 2 D. Location: Except for building mounted fixtures within the C -CBD district, all outdoor light sources shall be set back a minimum of ten feet (10') from a public right of way and five feet (5) from an interior side or rear lot line. E. Glare: Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property. F. Exceptions: The provisions of this section shall not apply to the following: 1. Temporary outdoor lighting used during customary holiday seasons or civic celebrations. 2. Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings, structures, facilities or public right of way. 3. Emergency lighting by police, fire, and rescue authorities. 4. Illumination of United States, Minnesota or other flags with noncommercial speech. 5. Public parks, trails and recreational facilities, city of Lakeville, ISD 192, ISD 194 and ISD 196 only. G. Prohibitions: The following outdoor lights are prohibited: 1. Laser, strobe or flashing lights. 2. Bare light bulbs shall not be permitted in view of adjacent property or public right of way, unless part of a permanent fixture. (Ord. 867, sec. 28, 5-17-2010) httD://www.sterlingcodifiers.com/codebook/getBookData.php?ft--3 &find= 11-16-17 6/13/2011 Municode Sec. 36-819. - Glare. Page 1 of 1 (a) Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. Direct or sky -reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent lightbulbs shall not be permitted in view of adjacent property or public right-of-way. (b) Any light or combination of lights which cast light on a public street shall not exceed IIIINIMimeter g a reading) as measured from the centerline of the street. Any light or combination of li ts w a ight on residential property shall not exceed ft 1# )(meter reading) as measured from such property. (Code 1984, § 375:12(9)) htti):Hlibrary.municode.comlprint.aspx?clientlD=13556&HTMRequest=http%3a%2tOlo2fli... 6/14/2011 Page I of 27 11�� n () Q -+C) r) �01N SECTION 300.28. PERFORMANCE STANDARDS. 1. Purpose. The purpose of performance standards is to establish specific and quantifiable limitations on identified types of pollution and other activities which have a high nuisance potential. The performance standards apply in all zoning districts unless specifically stated to the contrary. 2. Performance Standards Regulating Exterior Lighting. a) Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any contiguous parcel. Reflected glare exceed b) Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The city may also limit the hours of operation of outdoor lighting if it is deemed necessary to reduce impacts on the surrounding neighborhood. c) No flickering or flashing lights shall be permitted. d) Direct, off-site views of the light source shall not be permitted except for globe and/or ornamental light fixtures approved in conjunction with a site and building plan. Globe and ornamental fixtures shall only be approved when the developer can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by the fixture design and/or location. e) The city may require submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this ordinance. 3. Performance Standards Regulating Noise and Vibration. a) Noises emanating from any use shall be in compliance with and regulated by the standards of the Minnesota pollution control agency. Any use established or remodeled after the effective date of this ordinance shall be so operated as to prevent vibration discernable at any point beyond the lot line of the site on which such use is located. The city may also limit the hours of operation of outdoor noise if it is deemed necessary to reduce impacts on the surrounding neighborhood. b) Ground vibration and noise caused by motor vehicles, trains, aircraft operations or temporary construction or demolition shall be exempt from these regulations. However, if deemed appropriate, the city may establish limits on the hours of operation of temporary construction or demolition operation to limit off-site impacts 4. Performance Standards Regulating Smoke and Particulate Matter. htt-D://vAvw.amleval.com/alDscrit)ts/f4et-content.aspx 6/14/2011 Sterling Codifiers, Inc. B�k t' fis V i � � 0- 10-7-36: EXTERIOR LIGHTING: Page I of 1 (A) All exterior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous residential districts. (B) No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in public right of way. (C) Lenses, deflectors, shields, louvers and prismatic control devices shall be used so as to eliminate nuisance and hazardous lighting. (Ord. 244, 11-15-1982) (D) Reflected glare from exterior lighting or from high temperature processes such as combustion of welding shall not be directed into any adjoining property. Reflected glare or spill light from all exterior lighting shall not exceed 111111111ill'! measured on the property line when adjoining resident=alon=ei��an!=�%ll� measured on the property line when such line adjoins a similar zone and land use. Lighting fixtures for new and renovated outdoor sports and recreational facilities that adjoin residential uses shall be designed to eliminate reflected glare and spill light from the bottom one-third (1/3) of the reflector, and to shield the view of the arc tube from the residential property. (Ord. 699, 12-15-1997) (E) Pole lighting shall be downcast and shielded on all faces. Wall pack lighting shall be downcast and shielded on all faces. (Ord. 851, 7-1-2002) (F) Headlights shall be screened as required in section 10-7-18 of this chapter. (Ord. 1132, 8 -19-2008) httD://www.sterlin2codifiers.com/codebook/printnow.php 6/14/2011 1� ) b6 �11r,-,� VA it - \0\- 6 (6) Lighting. 71E—Maximurn site illumination shall be regulated as follows: 1. Site illumination shall not exceedW., 0wCM1ff&VW"*0* 2. Lighting on the site and building shall be directed downward, and installed so as to prevent direct light from being detectable at the lot line of the site on which the light source is located. B. Lighting structures shall be located within a safety island or around the perimeter of the parking area and shall not be placed as freestanding structures within the parking area. C. Lighting as described in this Subsection shall not shine directly into the public right-of-way or onto any residential use. (Ord, No. 567, 12-13-88; Ord. No. 662, 11-23-99; Code of 2001) Section 11-020. Construction and Maintenance. (1) Surfacing. All off-street driving, loading, and parking areas shall have a paved surface. No vehicle may be parked and no property owner shall allow a vehicle to be parked off-street unless the vehicle is on and over an approved bituminous, concrete, brick, or decorative block surface that spans the entire vehicle. The definition of a "vehicle" in Minn. Stats. §169.011 is hereby adopted for the purpose of this ordinance and includes any conveyance with an axle. (Ord 768, 11-25-2008) (2) Curbing. All off-street driving, loading, and parking areas shall be constructed with poured -in-place concrete curb except for single and two family residences. (3) Striping. All parking stalls shall be marked with white or yellow painted lines not less than four inches wide except for single and two family residences. (4) Traffic Safety Islands. Traffic safety islands shall be installed at the ends of each parking tier. Additional traffic safety islands may be required to maintain safe and orderly flow of traffic within the parking lot. (5) Boulevard Parking. The boulevard portion of the street right-of-way shall not be used for parking except for improved driveways serving single and two family residences. Z11-2 PLYMOUTH ZONING ORDINANCE 21105.06. EXTERIOR LIGHTING: Exterior lighting shall comply with the following standards: Subd. 1. Purpose and Scope. The purpose of this Section is to establish exterior lighting requirements that will 1) permit reasonable uses of lighting for night-time safety, utility, security, productivity, enjoyment and commerce, 2) minimize glare, obtrusive light and artificial sky glow by limiting outdoor lighting that is misdirected, excessive or unnecessary, 3) conserve energy and resources to the greatest extent possible and 4) help protect the natural environment from the damaging effects of night lighting from man-made sources. Subd. 2. Applicability. (a) All outdoor lighting fixtures (luminaires) in Lighting Zone 3, and all outdoor lighting fixtures on non-residential properties in Lighting Zones I and 2 shall be installed in conformance with the provisions of this Section and Section 21155 (Sign Regulations) as applicable as well as the latest rules, codes and regulations, including but not limited to OSHA, National Fire Codes of Fire Protection Association (NFPA), Minnesota State Building Code, and National Electrical Code. In addition, all lighting fixtures shall be installed under appropriate permit and inspection. (b) Lighting on single- and two-family homes, manor homes, and townhouses is subject only to the regulations as outlined in Subd. 6 and in Subd. 7 (c) of this subsection. (Amended by Ord. No. 2008-09, 03125108) (Amended by Ord. No. 2011-05, 02122111) (c) Lighting in the public right-of-way is not regulated by this Section. However, it is recommended that all such lighting conform to the regulations in this Section. Subd. 3. Use of Lighting Zones. (a) Using Table I as a guide, the City Council shall determine and maintain Lighting Zones within the boundaries of the City. (b) The lighting zones established by this Ordinance are hereby set forth on the Plymouth, Minnesota Lighting Zone Map; and said map is hereby made a part of this Ordinance; said map shall be known as the "Plymouth, Minnesota Lighting Zone Map". Said map and all notations, references, and data shown thereon are hereby incorporated by reference into this Ordinance and shall be as much a part of it as if all were fully described herein. It shall be the responsibility of the Zoning Administrator to maintain said map, and amendments thereto shall be recorded on said Lighting Zone Map within thirty (30) days after official adoption of amendments. The official Lighting Zone Map shall be kept on file in the City Hall. The Lighting Zone of a parcel or project shall determine the limitations for lighting as specified in this Section. (Amended by Ord. No. 2005-07, 05110105) (c) Amendments to the Lighting Zones shall be processed according to the procedures established in Section 2 10 10 of this Chapter. 21105-3 PLYMOUTH ZONING ORDINANCE Table I — Lighting Zone Ratings and Characteristics (Amended by Ord. No. 2011-08, 04112111) Subd. 4. Light Trespass Limitations. The illuminance levels provided in Table 2 shall be used for enforcement should concerns of obtrusive lighting or questions of compliance arise. This provision shall apply to all exterior lighting, and to interior lighting if the light source is visible off-site. The illuminance values provided in Table 2 shall be measured at the lot line unless said lot line abuts a public street, in which case the illuminance values shall be measured at the centerline of such public street. Table 2 — Light Trespass Limitations Subd. 5. General Performance Standards: (a) Lurninaire lamp wattage, shielding and installation requirements. (1) All outdoor lighting systems shall comply with the limits to lamp wattage and the shielding requirements in Table 3. 21105-4 _R LZI Dark Natural areas (City -owned open space as defined in the Plymouth Comprehensive Plan) (Amended by Ord. No. 2009-14, 10113109) LZ2 Low Low and medium density residential areas, (generally properties guided Living Area -1, Living Area -2, Living Area -3) LZ3 Medium High density residential areas (properties guided Living Area -4, Living Area -5), shopping and commercial districts (generally properties guided Commercial, City Center and Commercial Office), industrial parks and districts (properties guided Planned Industrial), City playfields and major institutional uses and mixed use districts (Amended by Ord. No. 2011-08, 04112111) Subd. 4. Light Trespass Limitations. The illuminance levels provided in Table 2 shall be used for enforcement should concerns of obtrusive lighting or questions of compliance arise. This provision shall apply to all exterior lighting, and to interior lighting if the light source is visible off-site. The illuminance values provided in Table 2 shall be measured at the lot line unless said lot line abuts a public street, in which case the illuminance values shall be measured at the centerline of such public street. Table 2 — Light Trespass Limitations Subd. 5. General Performance Standards: (a) Lurninaire lamp wattage, shielding and installation requirements. (1) All outdoor lighting systems shall comply with the limits to lamp wattage and the shielding requirements in Table 3. 21105-4 PLYMOUTH ZONING ORDINANCE Table 3 — Maximum Wattage and Required Shielding LZ3 450 watts 100 watts 55 watts Landscape and fagade lighting 100 watts or less; ornamental lights of 55 watts and less *Shielding is nevertheless highly encouraged. (2) Only luminaires that are allowed to be unshielded in Table 3 may employ flexible or adjustable mounting systems. All other luminaires shall be permanently installed so as to maintain the shielding requirements in Table 3. (3) The City may accept a photometric test report, demonstration or sample or other satisfactory confirmation that a luminaire meets the requirements of the shielding classification. (4) Shielded fixtures must be constructed and installed in such a manner that all light emitted by the fixture meets or exceeds the specification given. This includes all the light emitted by the fixture, either directly from the lamp or by a diffusing element or indirectly by reflection or refraction from any part of the fixture. Any structural part of the fixture providing this shielding must be permanently affixed. (5) Luminaires within 300 feet of a residential property line shall be equipped with side shielding (house side shielding), except that luminaires mounted at a height of twelve (12) feet or lower shall be exempt from this requirement provided they meet IESNA full cut-off specifications. (6) All canopy lighting must be fully shielded. However, indirect up light is permitted under a canopy provided that no lamp or vertical element of a lens or diffuser is visible from beyond the canopy and such that no direct light is emitted beyond the opaque canopy. (7) The wattages specified in Table 3 are initial Lamp Lumens as taken from the lamp manufacturer's catalogue or lamp wattages, and do not include ballast or any other system losses. 21105-5 PLYMOUTH ZONING ORDINANCE (b) Height Limits. (1) Pole mounted lighting. Lighting mounted onto poles or any structures intended primarily for mounting of lighting shall not exceed a mounting height of forty (40) percent of the horizontal distance of the light pole from the property line, nor a maximum height according to Table 4, whichever is lower. Height includes the base and the pole heights. Table 4 — Maximum Lighting Mounting Height in Feet (2) Exceptions for pole heights. a. Mounting heights greater than forty (40) percent of the horizontal distance to the property line but no greater than permitted by Table 4 may be used provided that the luminaire is side shielded (house side shielding) toward the property line. b. Lights specifically for driveways, and then only at the intersection of the road providing access to the site, may be mounted at any distance relative to the property line, but may not exceed the mounting height listed in Table 4. C. Landscape lighting may be installed in a tree. (3) Lights mounted to buildings or structures. Lighting mounted onto buildings or other structures shall not exceed a mounting height greater than four (4) feet higher than the tallest part of the building or structure at the place where the lighting is installed, nor higher than forty (40) percent of the horizontal distance of the light from the property line, whichever is less. (4) Exceptions for building mounted lights. a. Lighting for facades may be mounted at any height equal to or less than the total height of the structure being illuminated regardless of horizontal distance to property line. b. For buildings less than forty (40) feet to the property line, including canopies or overhangs onto a sidewalk or public right of way, luminaires may be mounted to the vertical fagade or underside of canopies at sixteen (16) feet or less. 21105-6 LZI 25 feet 12 feet 4.5 feet LZ2 25 feet 18 feeL____f 8 feett LZ3 30 feet 18 fe, et ee 15 f (2) Exceptions for pole heights. a. Mounting heights greater than forty (40) percent of the horizontal distance to the property line but no greater than permitted by Table 4 may be used provided that the luminaire is side shielded (house side shielding) toward the property line. b. Lights specifically for driveways, and then only at the intersection of the road providing access to the site, may be mounted at any distance relative to the property line, but may not exceed the mounting height listed in Table 4. C. Landscape lighting may be installed in a tree. (3) Lights mounted to buildings or structures. Lighting mounted onto buildings or other structures shall not exceed a mounting height greater than four (4) feet higher than the tallest part of the building or structure at the place where the lighting is installed, nor higher than forty (40) percent of the horizontal distance of the light from the property line, whichever is less. (4) Exceptions for building mounted lights. a. Lighting for facades may be mounted at any height equal to or less than the total height of the structure being illuminated regardless of horizontal distance to property line. b. For buildings less than forty (40) feet to the property line, including canopies or overhangs onto a sidewalk or public right of way, luminaires may be mounted to the vertical fagade or underside of canopies at sixteen (16) feet or less. 21105-6 PLYMOUTH ZONING ORDINANCE C. The top exterior deck of parking garages shall be treated as normal pole mounted lighting rather than as lights mounted to buildings. The lights on the outside edges of such a deck must be side shielded to the property line. (c) Total site lighting power limits. The following subsection applies to all outdoor lighting, whether attached to buildings, poles or structures or self-supporting. (1) The maximum allowed lighting limit shall be determined as follows: a. Following the rules in Item (2) below, multiply the area (square footage) of each of the application types in Table 5 by the allowed lamp wattage per square foot for the appropriate Lighting Zone. b. Add up the total of the watts for each application type. C. The power allowance for the application type shall not exceed the total application limit in Table 5. (2) Rules a. Power is not allowed for any use types not listed, except for those items given in Subd. 6 (Exempt Lighting) and 7 (Special Purpose Lighting) below. b. Only one application type may be applied to any given area. C. Canopy allowances include only the area within the drip line area of the canopy. d. Areas that are not designed to be illuminated may not be counted toward the total site limit. The entire area cannot be used for the power allowance. 21105-7 PLYMOUTH ZONING ORDINANCE Table 5 — Lighting Power Allowances (maximum watts per square foot, unless otherwise noted) *There may be minimum lighting -requirements pursuant to the Minnesota State Building Code. (Amended by Ord. No. 2010-01, 02123110) (d) Required lighting controls. Lighting systems for non-residential properties shall be extinguished or reduced in lighting by at least fifty (50) percent beginning at curfew and continuing until dawn or start of business, whichever is sooner. The reduction shall be determined as an overall average for a site. When possible, the lighting system should be turned off entirely. 21105-8 Y *Parking lots, Paved areas plus 5 feet of the 0.020 0.040 0.080 plazas, perimeter of adjacent unpaved hardscape land. Includes planters and lighting, landscaped areas less than 10 driveways, on feet wide that are enclosed by site private hardscape on at least three sides. drives *Sidewalks, Paved area plus 5 feet of 0.040 0.080 0.15 walkways and unpaved land on either side of bikeways path of travel. *Building Width of doors plus' 3 feet on 0.35 0.50 0.70 entrances either side times a distance without canopy outward from the building from the surface of the doors 10 feet. *Building Drip line area under canopy. 13 0.10 0.20 0.40 entrances with watts plus the value in the LZ canopy, and columns. canopies for drive -up sales, loading docks, and general use Vehicle service Drip line area under canopy; or 0.30 0.60 1,20 station 500 square feet per double -sided fuel dispenser unit not under canopy. Building Entire vertical area of fagade. Not allowed 0.18 0.20 facades Outdoor sales Portion of uncovered outdoor Not allowed 0,50 0.50 lot sales lot used for display of vehicles or other merchandise for sale. All adjacent access drives, walkway areas, customer parking areas, vehicle service or storage areas that are not surrounded on at least three sides by sales area shall be considered hardscape. Outdoor sales Valid only for sections of an Not allowed Not allowed 20 w/If frontage outdoor sales area that are along (frontage in the frontage. A comer sales lot linear feet and may include both sides provided the allowance is that a different principal viewing per linear foot) location exists for each side. Ornamental Entire site. By 0.010 0.020 lighting conditional use permit only *There may be minimum lighting -requirements pursuant to the Minnesota State Building Code. (Amended by Ord. No. 2010-01, 02123110) (d) Required lighting controls. Lighting systems for non-residential properties shall be extinguished or reduced in lighting by at least fifty (50) percent beginning at curfew and continuing until dawn or start of business, whichever is sooner. The reduction shall be determined as an overall average for a site. When possible, the lighting system should be turned off entirely. 21105-8 PLYMOUTH ZONING ORDINANCE (1) Curfew. Curfew shall be as follows: LZI, the later of 8:00 PM or close of business LZ2, the later of 10:00 PM or close of business LZ3, the later of midnight or close of business (2) Exceptions to curfew: a. When there is only one (conforming) lurninaire for the site. b. Code required lighting for steps, stairs, walkways, and building entrances. C. When in the opinion of the City Council, reduced lighting levels at a given location will cause unacceptable increased risk and design levels must be maintained. (e) Prohibited lighting. (1) Mercury vapor lamps (2) Lighting fixtures mounted to aim light only toward a property line. (3) Lighting fixtures mounted in a way so as to cause confusion or hazard to traffic or to conflict with traffic control signs or lights. (f) Following installation of any lighting on a site, the engineer or lighting professional who prepared the lighting plan shall certify in writing that the location, type, mounting height, wattage, and photometric data all comply with the approved lighting plan. (g) Any new lighting installed after the effective date of this ordinance shall be in compliance with the requirements of this Section. Any lighting in existence before the effective date of this ordinance that does not comply with the requirements shall be considered legally non -conforming. However, if a property owner proposes to replace fifty (50) percent or more of the existing exterior light fixtures or standards in any one- (1) year period, the fixtures or standards must be replaced in conformance with this Chapter. (Amended by Ord. No. 2007-05, 01123107) Subd. 6. Exempt Lighting: The following luminaires and lighting systems are exempt from the provisions of this Section. (a) Lighting required and regulated by the Federal Aviation Administration or other federal or state agency. (b) Situations where fire, police, rescue or repair personnel need light for temporary emergencies or road repair work. 21105-9 PLYMOUTH ZONING ORDINANCE (c) Temporary holiday lighting provided that individual lamps are ten (10) watts or less. (d) Temporary lighting for theatrical, television and performance areas. (e) Soffit or wall -mounted luminaires less than twenty (20) watts incandescent or nine (9) watts compact fluorescent and permanently attached to dwellings (including multi -family residence but excluding hotels or motels) not to exceed twenty (20) feet above the ad acent grade. j (f) Lighting in swimming pools and other water features governed by Article 680 of the National Electrical Code. (g) Code required exit signs. (h) Code required lighting for stairs and ramps. (i) Interior lighting, except as addressed by Section 21105.06, Subd. 4 of this Section. Subd. 7. Special Purpose Lighting. (a) High intensity lighting. The following lighting systems are prohibited from being installed except by administrative permit. (1) Aerial lasers. (2) Skytrackers. (3) Motion detection security lighting, except that such lighting for single - and two-family homes shall be permitted and shall be exempt from the requirement for an administrative permit. (Amended by Ord. No. 2009-07, 05112109) (b) Other special lighting. (1) Lighting systems not complying with the technical requirements of this Section but consistent with its intent may be installed for the following applications upon issuance of a conditional use permit. Each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Section 21015.02, Subd. 5 of this Chapter. (i) Outdoor athletic fields and recreation areas. (ii) Construction lighting. (iii) National and State flag lighting with spotlights greater than 70 watts in LZ3 and greater than 3 9 watts in LZ I and LZ2. 21105-10 PLYMOUTH ZONING ORDINANCE (iv) Floodlighting of buildings over two (2) stories high. (v) Public monuments, public buildings and religious institutions. (vi) Ornamental lighting in LZ I. (vii) Any other lighting application not listed in Table 5. (2) To obtain a conditional use permit, applicants shall demonstrate that the proposed lighting installation: (a) Is not within LZI, except for ornamental lighting and necessary construction lighting. (b) Utilizes fully shielded luminaires and, if required, side shielded and internally shielded luminaires that are installed in a fashion that maintains the shielding characteristics unless certified in writing by a registered engineer or by a certified lighting professional that such shielding is impractical. Where fully shielded fixtures cannot be utilized, acceptable luminaires shall include only those that are installed with minimum aiming angles of twenty-five (25) degrees downward from the horizontal. Said aiming angle shall be measured from the axis of the luminaire's maximum beam candlepower as certified by an independent testing agency. (c) Has received every reasonable effort to mitigate obtrusive light and artificial sky glow, supported by a signed statement from a registered engineer or by a certified lighting professional describing the mitigation measures. (d) Complies with all the technical requirements of this Section after curfew, with the following exception. No illumination of athletic fields shall be permitted after 11:00 PM, except to conclude a scheduled event that was in progress before 11:00 PM and circumstances prevented concluding before 11:00 PM. (c) Lighting for single and two family homes, manor homes, and townhouses. (1) Lighting systems for single family homes in Lighting Zone 2 or Lighting Zone 3 shall not produce glare beyond the lot line. Lighting systems for two family homes, manor homes, and townhouses in Lighting Zone 2 or Lighting Zone 3 shall not produce glare beyond the subdivision boundary. (2) Motion activated lighting systems for- single family homes in Lighting Zone 2 or Lighting Zone 3 shall not be activated by movement beyond the lot line, and motion activated lighting systems for two family homes, manor homes, and townhouses in Lighting Zone 2 or Lighting Zone 3 shall not be activated by movement beyond the subdivision boundary. 21105-11 PLYMOUTH ZONING ORDINANCE (3) Lighting systems for single family homes, two family homes, manor homes, and townhouses in Lighting Zone 2 or Lighting Zone 3 that provide lighting, or are intended to provide lighting, for recreational purposes (i.e., sport courts, hockey rinks, or other similar features) shall direct lighting downward and inward from the perimeter lot boundaries, shall not exceed fifteen (15) feet in height, and shall be turned off between 10:00 PM and 7:00 AM. (Amended by Ord. No. 2004-30, 11123104) (Amended by Ord. No. 2006-04, 02107106) (Amended by Ord. No. 2008-09, 03125108) 21105.07. SMOKE: The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7017. 21105.08. DUST AND OTHER PARTICULATE MATTER: The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7011. 21105.09. AIR POLLUTION: The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by Minnesota Statutes 116, as may be amended. 21105.10. NOISE: Noises emanating from any use shall be in compliance with and regulated by 2025 of the City Code. (Amended by Ord. No. 2000-06, 02129100) 21105.11. OUTSIDE STORAGE/DISPLAY: Subd. 1. General Provisions that apply to All Zoning Districts. (a) Passenger automobiles and trucks not currently licensed by the State, or which are incapable of movement under their own power due to mechanical deficiency, which are parked or stored outside for a period in excess of ninety-six (96) hours, and all materials stored outside in violation of the City Ordinances are considered reftise or junk and shall be disposed of pursuant to City regulations. (b) Any accumulation of refuse not stored in containers which comply with City Code, or any accumulation of refuse including car parts is hereby declared to be a nuisance and may be abated by order of the Zoning Administrator, as provided by Minnesota Statutes and Section 2010 of the City Code. The cost of abatement shall be recovered in accordance with the applicable provisions of Section 20 10 of the City Code. (c) Outside storage, including but not limited to equipment storage and the parking of vehicles, shall be prohibited as a principal use of property. (Amended by Ord. No. 2001- 21105-12 Robbinsdale City Code (Zoning) 510.17, Subd. 2(g) (Rev.2003) (g) Surfacing. (1) In all R-3, R -B, B-1, B-2, B-3, B-4 and B -W districts, areas intended to be utilized for self-propelled vehicle parking spaces and driveways shall be surfaced with blacktop, concrete, other hard surface material approved by the city, to control dust and drainage. Plans for parking lots in these districts shall be submitted to the city engineer for review (2) and the final drainage plan shall be subject to the city engineer's approval. Compliance with the hard surfacing requirement may be scheduled over a period of time, not to exceed five years, if approved by the city council. (3) For new construction of new garages andilor homes in all R -I and R-2 districts, areas intended to be used for self-propelled vehicle parking spaces and driveways shall be surfaced with blacktop, concrete and/or other hard surfaced material approved by the city. Parking areas and driveways for existing garages and/or homes shall be surfaced with a material suitable to control dust and drainage. A grass covering does not constitute an acceptable surfacing material. (Amended, Ord. No. 03-33) n(h) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights- of-way and be in compliance with subsection 510.25, subdivision 5. (i) Curbing, screening, and landscgping. (1) All open off-street parking areas of five spaces or more designed to have head -in parking along the property line shall provide a bumper curb not less than five feet from the side property line or a guard of normal bumper height not less than one foot from the side property line. A fence or evergreen planting of three feet in height shall be erected along the front yard setback line with grass, planting, or surfaced material occupying the space between the sidewalk and curb, fence or evergreen planting. (2) All open off-street parking areas of five or more spaces shall be screened and landscaped from abutting or surrounding residential uses in compliance with subparagraph (1) above and subsection 510.25, subdivision 2 of this code. Maintenance of off-street parking. It shall be the joint and several responsibility of the operator and owner of the principal use, uses, or building, or both, to maintain, in a neat and adequate manner, the parking space, accessways, landscaping, and required fences. Subd. 3. Location. All accessory off-street parking facilities required by this code shall be located and restricted as follows: (a) Space accessory to one and two family dwellings shall be on the same lot or on a directly adjacent lot under the same ownership as the principal use served. 38608vl DJKRB160-66 Robbinsdale City Code (Zoning) 510.25, Subd. 4 Subd. 4. Refuse. (a) All waste materials, debris, refuse or garbage shall be subject to section 605 of the code. (b) Passenger vehicles and trucks in an inoperative state or unlicensed or unregistered, or combination thereof, shall not be parked or stored in an outside location for a period exceeding 30 days; inoperative shall mean incapable of movement under their own power and in need of repairs or junk yard. All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a conditional use, or otherwise permitted by provisions of this code shall be considered as refuse. FSu—bd. 5. g_l�a_r_e _rLJAny lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to eflect light away from any adjoining residential zone or from the public streets. Direct or sky -reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a t)ublic street shall Subd. 6. Smoke. The emission of smoke by any use shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota regulation A -PC 1-15 and as subsequently expanded, modified or amended. Subd. 7. Dust and other particulated matter. The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota regulation APC 1- 15 and as subsequently expanded, modified or amended. Subd. 8. Odors. The emission of odorous matter in such quantity as to be offensive, shall not be permitted. The emission of odor by any use shall be in compliance with and regulated by the state of Minnesota pollution control standards, Minnesota regulation APC 1-15 and as subsequently expanded, modified or amended. Subd. 9. Noise standards. (a) These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These requirements are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the land use districts herein described. However, these standards do not, by themselves, identify the limiting levels of impulsive noise, needed for the preservation of public health and welfare. 38608v I DJK RB 160-66 3�0 5 P0,X-\4., SIGN REGULATIONS § 36-362 2. Changing signs. 3. Rotating signs. 4. Electronic signs. (Ord. No. 23 84-10, 5-28- 10) b. The maximum height of a billboard shall be 35 feet, including extensions, measured as required by subsection (c) of this section. C. Billboards which have been destroyed or damaged must be removed when the cost of repair equals more than 50 percent of the appraised physical value of the structure. (6) All lawful nonconforming signs existing at the time of passage of the ordinance from which this section is derived, except temporary signs, real estate signs and billboards, must be removed or made to conform by January 1, 2000, unless the existing sign was made nonconforming by a provision of this section. Those nonconforming signs must be removed or made to conform to this section by January 1, 2005. Forfeiture. Any sign installed or placed on public property shall be forfeited to the public and subject to confiscation, unless it conforms to the requirements of this section. In addition to other remedies granted to it by this section, the city shall have the right to recover from the owner or person placing the sign the full costs of removal and disposal of the sign in a civil action. (Code 1976, §§ 14:6-2.0--14:6-2.9; Ord. No. 2167-00, 5-15-2000; Ord. No. 2201-01, § 2, 7-2- 2001; Ord. No. 2250-03, 9-2-2003; Ord. No. 2271-04, 5-17-2004; Ord. No. 2320-06, 12-1-2006; Ord. No. 2350-08, 3-28-2008; Ord. No. 2384-10, 5-28-2010; Ord. No. 2391-10, 11-12-10) Cross reference(s)--Parking, § 30-150 et seq. Fec �- �63S ie�cial rovisions �regul�ating ex�terior �Iightin�g (a) Purpose. The purpose of this section is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spillover light and glare. (b) Applicability. The requirements of this section apply to all exterior lighting except lighting fof signs which is covered under section 36-362 and street lighting within public rights-of-way. (c) General provisions. (1) The city shall require submission of a light distribution plan to ensure compliance with the intent of this section for all new development, redevelopment, and additions other than single-family and two-family dwelling units, which exceed 20 percent of the floor area of the principal structure after the effective date of the ordinance from which this section is derived. This plan shall include the type and arrangement of proposed lighting and proposed lighting levels in footcandles at all locations on the site including its property boundaries. (2) Upon completion of any lighting project, measurement of lighting levels of properties within the project must be shown to be within Illuminating Engineering Society (IES) standards as specified in the IES Handbook 5th Addition and shall comply with the provisions of this section. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public streets and roadways. These measures shall include lenses, shields, louvers, prismatic control devices and limitations of the height and type of fixtures used, Supp. No. 20 (10- 10) 36:271 St. Louis Park Zoning Code § 36-363 LANDSCAPING (3) Measurements shall be made after dark at the property line. (4) Exterior lighting shall be designed and arranged to limit direct illumination and glare in any contiguous parcel of land. Reflected glare or spill light shall not exceed"@M-W (5) The city may limit the hours of operation of outdoor lighting equipment if the city believes it necessary to reduce the impact of light on the surrounding neighborhood. (6) No flickering or flashing lights shall be permitted. (7) Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site unless ornamental light fixtures are installed in the manner provided in a site and building plan approved by the city. Ornamental fixtures shall only be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected views of the light source are eliminated by the fixture design or location of the lighting fixture. (8) Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except that poles or standards on the top level of parking structures shall not exceed 25 feet. (d) Outdoor recreational lighting. (1) Outdoor recreational facilities, such as baseball diamonds and other athletic playing fields which are in existence at the time of the ordinance from which this section is derived, are exempted from the exterior lighting standards of this section because of their unique requirements for nighttime visibility and their limited hours of operation. Outdoor recreational lights shall only operate between the hours of 4:00 p.m. and 11:00 p.m. (2) Any new lighting or replacement lighting shall meet the provisions of this chapter except for subsection (c)(9) of this section. Lighting facilities for these outdoor recreational uses shall not exceed a maximum height of 80 feet. (Code 1976, §§ 14:6-3.0--14:6-3.4) Sec. 36-364. Landscaping (a) Purpose. The City recognizes the aesthetic, ecological, and economic value of landscaping in both the natural and built environments and requires its use to serve the following objectives: (1) Protect the health, safety and general welfare of the community. (2) To deter crime through the use of good environmental design practices. (3) Promote the reestablishment of vegetation in the community for aesthetic, health, and wildlife reasons. (4) Improve ground, water quality. Supp. No. 20 (10-10) 36:272 St. Louis Park Zoning Code visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity. D. Odor. No activity or operation shall cause a t any time the discharge of toxic, noxious, or odorous matter beyond the limited of the immediate site where it is located in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety or cause injury to property or business. Glare. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, shall not be visible beyond the limits of the iiiunediate site from which it originates. F. Wastes. All solid waste material, debris, refuse, or garbage shall be kept within a completely enclosed building or properly contained in a closed container designed for such purpose. All liquid wastes containing any organic or toxic matter shall be discharged with into a public sanitary sewer or treated in a manner prescribed by the City. The rate of liquid waste discharge into the City sanitary sewerage system shall not exceed 200 gallons per site acre per hour between the hours of 9:00 o'clock a.m. and noon. Use for the durnping or storage above ground or under the surface of chemical waste and other hazardous waste products will not be permitted because of the potential hazards that may be created to public health, safety, and welfare in all Districts. Source: Ordinance No. 35-94 Effective Date: 9-30-94 Subd. 5. Performance Standards - Tests. A. By Owner. In order to assure compliance with the performance standards set forth above, the Council may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organization as may be selected by the Council after 30 days notice. The costs incurred in having such investigations and tests conducted shall be shared equally by the owner or operator and the City, unless the investigation and tests disclose noncompliance with the performance standards, in which event the entire investigation or testing cost shall be paid by the owner or operator. B. By City. The procedure above stated shall not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards. Source: City Code Effective Date: 9-17-82 Subd. 6. Site Plan and Architectural Design Review. A. Approval Required. No building permit shall be issued for the construction of any (i) building or structure situated or to be constructed within any District, except, (a) those within the Rural District or One -Family Residential Districts, and (b) duplexes (dwellings designed for or occupied by two families), or (ii) building or structure constituting a public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One -Family Residential Districts, unless it shall conform to a Site Plan and Architectural Design as described in C. hereof, or an amendment thereof, which has been approved by the Council and such approval is effective as hereinafter provided. No building permit shall be issued for the construction of an alteration or enlargement of a (i) building or structure situated within any District, except, (a) those within the Rural District or One -Family Residential 11-25 Lighting Standards Policy (2011) from Planner Scott Kipp Next to residential: 20' height (does not include base) down cast, cut off lens, shoe box fixture. Commercial not next to residential: 2 0' to 3 0' height (does not include base) down cast, cut off lens, shoe box fixture. Foot candles: Not to exceed V2foot candle at the property line. GAI'larining\Zoning AdministrationTolicy AdministrationTighting Standards policy 09-25-06,doc CA)&yZ�o,+6, 801.16.5: TRAFFIC SIGHT VISIBILITY TRIANGLE: Except for a governmental agency for the purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other obstruction shall be placed on or extend into any yard or right-of-way area so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any street or driveway. Visibility from any street or driveway shall be unobstructed between the height of three (3) feet and six (6) feet, measured from where both street, driveway or railway center lines intersect within the triangle described as beginning at the intersection of the projected curb line of two intersecting streets or drives, thence thirty (30) feet along one curb line, thence diagonally to a point thirty (30) feet from the point of beginning along the other curb line (see attached drawing). The exception to this requirement shall be where there is a tree, planting or landscape arrangement within such area that will not create a total obstruction wider than two (2) feet. These requirements shall not apply to conditions that legally exist prior to the effective date of this Ordinance unless such conditions are deten-nined to constitute a safety hazard by the Zoning Administrator. 8-0-1. —16.W- — — — _G E AM" - Any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential property, over public water or from the public streets. Direct or sky -reflected glare, where from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property or over public water. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property or over public water. Bare incandescent light bulbs shall not be permitted in view of adjacent property, over public water, or public right-of-way. Any light or combination of lights which cast light on a public street shall not exceed one (1)"04R. 801.16.7: SMOKE: The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. 801.16.8: DUST AND OTHER PARTICULATED MATTER: The emission of dust, fly ash or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. 801.16.9: ODORS: The emission of odor by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005, as amended. 801.16.10: NOISE: Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NCP 7010, as amended. 16-3 City of Edina Land Use, Platting and Zoning 850.07 state that the design of the building and site has been prepared under the direct supervision of the architect. Subd. 9 Building Coverage Computations; Exclusions and Inclusions. A. The following structures and improvements shall be excluded when computing building coverage: 1. Driveways and sidewalks, but not patios. 2. Parking lots and parking ramps. 3. Accessory recreational facilities not enclosed by solid walls and not covered by a roof, including outdoor swimming pools, tennis courts and shuffleboard courts; but facilities which are constructed above grade, such as paddle tennis courts, shall be included when computing building coverage. 4. Unenclosed and uncovered steps and stoops less than 50 square feet. 5. Overhanging eaves and roof projections not supported by posts or pillars. B. Building coverage computations, however, shall include all other principal or accessory buildings, including, but not limited to: 1. Decks and patios subject to allowances provided by this Section. 2. Gazebos. 3. Balconies. 4. Breezeways. 5. Porches. 6. Accessory recreational facilities constructed above grade, such as paddle tennis courts. Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided with lenses, reflectors or shades so as to concentrate illumination on the property of the owner or operator of the lighting or illuminating devices. Rays of light or illumination shall not pass beyond the property lines of the premises utilizing the lights or illumination at an intensity greater than three foot-candles measured at property lines abutting property zoned residential and ten foot-candles measured at property lines abutting streets or property zoned non-residential. No light source, lamp or luminaire shall be directed beyond the boundaries of the lighted or illuminated premises. Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage on at least one street other than alleys or lin-fited access roadways to which private access is prohibited. Private easements shall not be considered as frontage for purposes of this Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse plat 850-44 Supplement 2007-06 Municode 536.690. - Lighting. Page 1 of I (a) In general. No use or structure shall be operated or occupied as to create light or glare in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance. (b) Specific standards. All uses shall comply with the following standards except as otherwise provided in this section: (1) Lighting fixt ed di ti .11 . t. lare in excess 0 (2) NiXting'fixtures shall not exceed two thousand (2,000) lumens (equivalent to a one hundred fifty (150) watt incandescent bulb) unless of a cutoff type that shields the light source from an observer at the closest property line of any permitted or conditional residential use. (3) Lighting shall not create a sensation of brightness that is substantially greater than ambient lighting conditions as to cause annoyance, discomfort or decreased visual performance or visibility to a person of normal sensitivities when viewed from any permitted or conditional residential use. (4) Lighting shall not create a hazard for vehicular or pedestrian traffic. (5) Lighting of building facades or roofs shall be located, aimed and shielded so that light is directed only onto the facade or roof. (c) Exceptions. The uses listed below shall be exempt from the provisions of this section as follows: (1) Publicly controlled or maintained street lighting and warning, emergency or traffic signals shall be exempt from the requirements of this section. (2) Athletic fields and outdoor recreation facilities serving or operated by an institutional or public use that otherwise meet all of the requirements of this zoning ordinance shall be exempt from the requirements of sections (b)(1), (b)(2), and (b)(3) between the hours of 7:00 a.m. and 10:00 p.m., because of their unique requirements for nighttime visibility and limited hours of operations. (2001 -Or -063, § 5� 5-18-01) 535.600. - Glare and heat. (a) In general. No use or structure shall be operated or occupied as to create glare or heat from high temperature processes such as welding or metallurgical refining in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance. (b) Specific standards. All uses shall comply with the following standards: (1) On property within or adjacent to any zoning district except the 13 District, uses producing glare or heat shall be performed within a completely enclosed building in such manner as to make such glare or heat completely imperceptible from any point along the property line. (2) On property within the 13 District, uses producing glare or heat shall be performed within an enclosure or with other effective screening in such manner as not to create an objectionable condition or hazard at any point along the property line and as to make such glare or heat completely imperceptible from any point along any zoning district boundary line. rminicl.nrIP. (-.nM/nrint-aqnx?c1ientTD=1 1490&HTMReauest=httD%3a%2P/o2f[i... 6/14/2011 Municode Page 1 of 2 Section 1. - 1963 Zoning Code site plan review standards. Site plan reviews for automobile combination convenience facilities, automobile convenience facilities, automobile wash facilities, convenience food restaurants, food and grocery stores, restaurants (including coffee shops), self-service car washes, service stations, shopping centers and video stores shall be subject to the following standards, and the "Design Guidelines for Site Plan Review." (1) Alley access. If the zoning lot is located in a block which contains any residential zoning (R1—R6A and RR) or B1 zoning, alley access shall be allowed only for commercial deliveries, when approved by the city engineer. (2) Parking and dtiveways. (a) Screening and landscaping. Screening and landscaping shall be subject to section 540.290 paragraph (4). (b) Driveways. Driveways shall conform to the requirements of the city engineer and to the specifications for monolithic concrete sidewalk, concrete driveway, concrete curb, gutter and concrete alley of the department of public works. In addition, no driveways shall be allowed on freeway ramps and combined freeway ramp frontage roads. (c) Driveway and parking areas. Driveway and parking areas shall be paved according to section 540.290 paragraph (3). All driveway and parking areas shall be bounded by six-inch by six-inch (6- X 6) continuous concrete curb. The curb along parking areas shall be at least two (2) feet clear of any yard or buffer and four (4) feet clear of the frontage property line. (d) Bumper stops. Requirement along business- or manufacturing -zoned boundary: Along the property line which abuts other property in said district or property which is zoned other than residential (R1 through R6A and RR), or B1, a bumper stop shall be constructed. The bumper stop shall consist of three-inch by twelve -inch (3- X 12') timbers supported by eight -inch by eight - inch (8- X 8) posts, eight (8) feet on center, set in concrete, or an approved equal. Where there is no building on the abutting property, a six-inch by six-inch (6- X 6) box curb may be substituted for the bumper. (3) Landscaping/site design. (a) At the boundaries of a 131 or residentially zoned district, a strip not less than five (5) feet wide shall be organically landscaped. (b) A minimum of twenty (20) per cent of the lot area, minus the area of the building, must be landscaped in accordance with the criteria stated in the "Design Guidelines for Site Plan Review," available at the planning department. (c) In case of hardship, lesser areas than described in (3)(b) above may be landscaped, subject to the provision of enhanced site amenities as indicated in Section E of the "Design Guidelines for Site Plan Review." However, under no circumstances shall less than ten (10) per cent of the lot area minus the building be landscaped. (d) The area between the public sidewalk and the private curbs defining the limits of the driveways and the parking areas on the site shall be landscaped. (e) On street frontages having business zoning abutting the applicant's zoning lot, the minimum lot width shall be fifty (50) feet. The building shall be located as close to the front lot line as allowed by the ordinance, unless amended by the city planning commission. (f) This requirement is a continuous requirement and imposes on business owners the care and maintenance of healthy plants and shrubs. F(47) =Lighting.'All exterior lighting used to illuminate open space or light up the exterior of buildings shall be dire-cTe–d away from residential property and public streets in such a way that residential structures shall be shielded from direct rays of light and so as not to exceed an intensity of illumination greater than three (3) footcandles measured at the residence district boundary, or ten (10) footcandles measured at the contiguous street right-of-way line. (5) Refuse and litter. (a) Refuse. All refuse must be stored in a building, a trash transport (dumpster), or in covered cans. The storage area must be enclosed on all four (4) sides by screening, compatible with the exterior design of the building, not less than two (2) feet higher than the refuse container. (b) Litter. Facilities subject to the requirements of this chapter shall regularly inspect their premises from lot line to lot line, all adjacent streets, sidewalks and alleys adjoining their premises and sidewalks and alleys within one hundred (100) feet of such facility for purposes of removing any litter found thereon. The provisions of this subdivision shall be enforced by the director of inspections. Upon failure of any facility to comply with the requirements of this section, after seven (7) days written notice to the facility, any costs incurred by the city in cleaning up such litter shall be assessed against the facility that is the source of the litter. lientM=1 1490&HTMReauest=httD%3a%2f'o/o2fli... 6/14/2011 A member who misses four consectutive regular meetings, or attends less than 75% of the scheduled meetings, shall be deemed to have resigned as a member ofthe planning commission. Liaisons: Include this report in the Planning Commission packet monthy. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE g� . ........ Kul 10h, SO co 19"P" *M,90-111, W,0 A W"A lll���'ll-�-"""-,--,.-Ii,----.-�".,� Regular Meeting w/o Quorum Type "l " under the month on the meetings' line. Type "l " under the month for each attending member. Joint Work Session Type "I" under'Work Session" on the meetings'line. Type "1" under'Work Session" for each attending member. Rescheduled Meeting* Type "V underthe month on the meetings'line. Type 1 " under the month for each attending member. Cancelled Meeting Type 1" under the month on the meetings'line. Type "l " under the month for ALL members. NAME TERM J IF M JAI M J J A IS 10 N ID I Work Session Work Session #of IVItgs. Attendance% MeetingsfWork Sessions ............. ............. .............. ........ .... ...... ...... ....... .... .. . ... .... ... 7Arler rForrdene est, 2/1/2016 1 1 1 11111 10 91% Olsen, Jo Ann 2/1/2014 1 1.1 1 1 1 6 1 90% Platteter, Michael 2/1/2016 1 1 1 1 111111 1 1111 10 91% Potts, Ken 2/1/2014 1 1 1 1111111 7 64% Lee, Susan 2/1/2017 ill ill 6 -90% Scherer, Nancy Nyrop 2/1/2015 1 1 1 1 11 1 11 7 64% Schroeder, Michael 2/1/2015 1 1 1 1 11 1 1 1 1 8 73% Staunton, Kevin 2/1/2015 1 1 1 11111 1 11 1 8 73% Carr, Claudia 2/1/2016 1 1 11111 1 1 1 1 7 64% IHalva, Taylor Student 1 1 1 111111111 ill FFFI I I I lKilberg, Benjamin Studeni 1 1 1111111 1 A member who misses four consectutive regular meetings, or attends less than 75% of the scheduled meetings, shall be deemed to have resigned as a member ofthe planning commission. Liaisons: Include this report in the Planning Commission packet monthy. Do not enter numbers into the last two columns. Meeting numbers & attendance percentages will calculate automatically. INSTRUCTIONS: Counted as Meeting Held (ON MEETINGS' LINE) Attendance Recorded (ON MEMBER'S LINE Regular Meeting w/Quorum Type "I" under the month on the meetings'line. Type "l " under the month for each attending member. Regular Meeting w/o Quorum Type "l " under the month on the meetings' line. Type "l " under the month for each attending member. Joint Work Session Type "I" under'Work Session" on the meetings'line. Type "1" under'Work Session" for each attending member. Rescheduled Meeting* Type "V underthe month on the meetings'line. Type 1 " under the month for each attending member. Cancelled Meeting Type 1" under the month on the meetings'line. Type "l " under the month for ALL members. Special Meeting There is no number typed on the meetings'line. There is no number typed on the members' lines. *A rescheduled meeting occurs when members are notified of a new meeting date/time at a prior meeting. If shorter notice is 'MeCITyof e, Edinet Employee Portal EDINA Keep up to date, share ideas and make Edina a great place to work, Welcom Tirnecards Calendar Gallery Staff Directory Edina IQS Handbook Safety & Wellness Tuesday, JUne 17, 2014 June 17 City Council Meeting Summary Administration Department The Council began its evening with a work session to discuss the proposed process and consultant the City will use for its visioning project. The Council asked the proposed consultant, a group called Future Q Partners, to explain its process and timeline. The Council expects the consultant and staff team leading the process to initiate the process later this summer and complete it early next year. Following the Work Session, the Council met in regular session and made the following decisions: Approve new multi -jurisdictional agreements for our new emergency communications services system and then approved the purchase of a new 9-1-1 call handling system for our dispatch center. • Approved changes to the locations of polling locations for Precincts 5 and 10 for the 2014 election. • Appointed Steve Suckow to the Arts & Culture Commission. • Approved a $37,500 contract with Geographic Technologies Group to gather geographic information for our park system. - Appointed Brenda McCormick, David Deeds, Rick Ites, Pacy Erck, Joseph Hulbert, Dick Brozic and Paul Presthus to the Braemar Master Plan Task Force. The task force has been charged with developing a master plan for the future of Braemar Golf Course. The task force will begin its work later this summer. - Approved a consulting agreement with Future iQ Partners to prepare a new community vision plan for the City. Approved a new affordable housing program that allows the City the opportunity to use excess property taxes in the Southdale 2 Tax Increment District to help fund affordable housing projects. Received a presentation from the City's independent financial auditor concerning the City's 2013 financial performance, The auditor congratulated the City on its excellent financial performance in 2013 and praised the work of the City's Finance Department staff for their work during the year and their efforts to assist the auditor in preparation of the audit. Conducted a public hearing and then approved a request from the new owners of Yorktown Continental for the City to issue $26.5 million in conduit affordable housing bonds. The bonds will be used to fund a significant rehabilitation of the Yorktown Continental building and to keep the newly remodeled units affordable, Because the bonds are sold as "conduit bonds," they are not considered to be a debt of the City. The bonds will be repaid by the owners of Yorktown Continental. - Conducted a public hearing and then approved an amendment to the City's comprehensive guide plan to establish density standards for the City's various mixed- use zoning designations. Conducted a public hearing and then approved the final development plan and Planned Unit Development agreement for the proposed redevelopment of the Borofka Furniture site on York Avenue by Lennar Corporation, The new development will be a 242 -unit apartment building. • Awarded the City's property, casualty and workers' compensation insurance package to the League of Minnesota Cities Insurance Trust (LIVICIT). The City's current insurance package has been provided to the City for many years by The Travelers Companies. • Authorized the release of a Request For Interest seeking developers interested in redeveloping the City's former Public Works site in the Grandview District. • Approved updates to the City's Flood Protection and Storm Water Management plans. • Approved the Active Routes to School Master Plan. • Approved the sale of a $5.9 million bond issue to fund water and sewer utility projects. • Approved second reading of an ordinance to change Chapters 4 and 6 of the City Code concerning the issuance of liquor licenses to businesses that also have amusement devices (pool tables, video games, etc.). The new ordinance will allow the development of a new Dave & Buster's restaurant on the third floor of Southdale Center. Following the City Council meeting, the Council met in its role as the Housing & Redevelopment Authority and took two actions: Approved the sale of $16.36 million of bonds to finance the development of the new Sports Dome, Braemar outdoor ice rink and improvements to Braemar Arena and Pamela Park. Awarded a contract for electrical and lighting improvements in the 50th & France district, The improvements will be installed later this summer. Return to list. FEATURED VIDEO MOST POPULAR UPCOMING BIRTHDAYS - .............. .......................... ................... --. July 14 Krystal Communications & Technology Services Department July 14 Jamie HOT LINKS .................... .................. Buy It, Sell It City Slick Field Updates Gallery Important Documents