HomeMy WebLinkAboutOrdinance - 1-89 - Site Plan & Architectural Review Chapter 11 - 02/07/1989 1989 ORDINANCES-CITY OF EDEN PRAIRIE
Ordinance 1st 2nd Publish
Number Title Reading Reading Date
1-89 Site Plan&Architectural Review Chapter 11 2/7/89 2/21/89 3/8/89
2-89 Change Composition of Board of Appeals&Adjustments to Seven 2/7/89 2/21/89 3/8/89
3-89- Primetech IX-C-Reg-Sere to Office 2/7/89 3/7/89 4/5/89
PUD-1-89
4-89- Red Rock Ranch-Amending w/in R1-13.5 2/7/89 5/2/89 6/7/89
PUD-2-89
5-89- Eden Square 5/2/89 8/l/89 8/16/89
PUD-3-89
6-89 Chapter 9 Amending Regulation of Mitchell Lake and Red Rock 2/21189 3/7/89 4/5/89
Lake Surface Use Ordinance
7-89 Renaming Research Road and a Segment of Mitchell Road 2/21/89 3/7/89 3/22/89
8-89 Bennett Place Addition R1-22 to R1-13.5 2/21/89 3/7/89 4/5/89
9-89 Bluffs West 7th R1-13.5/R1-22 to R1-13.5 3/21/89 6/20/89 7/5/89
10-89 Hidden Glen IV from RM-6.5 to R1-9.5 3/21/89 7/18/89 8/2/89
11-89 Woodland Ponds Rural to R1-9.5 4/4/89 5/16/89 6/7/89
12-89 Plastics-Recycling 5/2/89
13-89 Red Rock Shores Rural to R1-22 6/20/89 10/3/89 8/30/90
14-89 Chase Point Rural to Neighborhood Commercial 5/16/89 6/20/89 7/5/89
15-89 Name Change from Diamond Circle to LaRivier Court 6/6/89 6/20/89 7/5/89
16.89- Tech Center at City West within 1=2 6/20/89 7/11/89 8/2/89
PUD-5-89
17-89- Preserve Center South PUD Rural to C-Reg-Sere-Withdrawn 6/6/89
PUD-4-89
18-89 Country Glen Rural to R1-13.5 6/6/89 6/20/89 6/28/89
19-89 Amending Section 5.36 of Code Regarding Refuse Collector 6/6/89 6/20/89 6/28/89
Licensing
20-89 Chatham Ridge 2nd Addition R1-13.5 to R1-9.5 6/20/89 7/18/89 8/2/89
21-89 Amending Code 3.05, Subdivision 8B 7/18/89 8/l/89 8/16/89
22-89 Amending Code 9.04,4.K. Re: Park Parking 7/11/89 8/1/89 8/16/89
23-89- Edenvale Crossing 7/18/89 5/15/90 5/31/90
PUD-6-89
24-89 Guille Addition 7/18/89 8/21/90 9/6/90
25-89 Amending Code 11.03, Subdivision 6A—Land Use Regulations 7/18/89 8/1/89 8/16/89
26-89 LaMettry Cednter 8/1/89 9/19/89 10/18/89
27-89 Amending Code 9.04 Firearm Regulations 9/5/89 9/19/89 10/18/89
28-89 Amending Code 2.02, Subdivision 2—Term of Office for Mayor 8/1/89 8/15/89 8/30/89
29-89 Eden Prairie Funeral Home 8/l/90 6/5/90 6/21/90
30-89 Crestwood`89 8/15/89 11/7/89 11/15/89
31-89 Festival Centre within C Reg-Sere 9/5/89
32-89 Cardinal Creek 3rd R1-13.5 to RM-6.5 9/5/89 11/7/89 11/15/89
33-89 A-Z Rental Expansion within C Reg-Sery 9/5/89 10/17/89 l l/l/89
34-89 Amend Chapter 7-Operation of Snowmobiles 9/19/89 10/3/89 10/18/89
35-89 Nelson Addition R1-22 to R1-13.5 9/19/89 7/10/90 7/26/90
36-89 Bluffs West 8th Addition R1-22 to R1-13.5 9/19/89 10/17/89 l l/l/89
37-89 Shores of Mitchell Lake R and R1-22 to R1-13.5 10/3/89 3/13/90 4/4/90
38-89 New Horizon Prairie Center Drive R and Public to C-Reg-Sere 10/3/89 5/l/90 5/17/90
39-89 Tech 10 Rural to I-2 10/3/89 1IM89 11/15/89
40-89 Schroer's PUD Rural to R1-9.5 and R1-13.5 10/3/89 3/2/90 4/4/90
41-89 Sandy Pointe Rural to R1-22 11/21/89 3/13/90 4/4/90
42-89 Moorhead Addition(R1-22 to R1-13.5) 10/17/89 12/19/89 1/3/90
43-89 Void
44-89 Lawful Gambling Regulations 11/21/89 12/5/89 12/20/89
45-89 Superamerica withing N-Com 12/5/89 2/6/90 2/21/90
46-89 Public Storage Rural to Office,N-Com,I-2 12/19/89
47-89 Alpine Center PUD,Zoning,Office to C-Reg 2/20/90 4/3/90 4/18/90
48-89 Country Glen 2nd Rural to Rl-RI-13.5 12/19/89 4/17/90 5/17/90
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-89
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.03, SUBD. 6, ENTITLED "SITE PLANS" AND
AMENDING THE TITLE THEREOF AND REPEALING SUBD. 7, ENTITLED
"REVIEW" , AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11. 99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Section 11.03 , Subd. 6 entitled,
"Site Plans," is amended, including the title thereof, as follows:
Subd. 6. Site Plan and Architectural Design Review.
A. Approval Required. No building permit shall be issued for
the construction of any building or structure situated or to be
constructed within any District, except the Rural District,
One-Family Residential Districts, and RM-6.5-Multi-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 not more than two
years prior to issuance of the building permit.
No building permit shall be issued for the construction of
an alteration or enlargement of a building or structure within
-1-
any District, except the Rural District, One-Family Residential
Districts and RM-6.5-Multi-Family Residential Districts, as •
described in C. hereof, unless it shall conform to a Site Plan and
Architectural Design, or an amendment thereof, which has been
approved by the Council not more than two years prior to issuance
of the building permit.
B. Exceptions. The provisions of this subdivision shall not
apply to the issuance of a building permit for a building or
structure to be built or constructed on land in conformity with a
Site Plan approved prior to March 8 , 1989, but not
more than two years prior to issuance of the building permit by
the City Council in connection with the rezoning or platting of
the land.
The Director of Planning Y ma determine that an alteration
or enlargement of a building or structure is minor and does not
require conformance with an approved Site Plan and Architectural
Design or an amendment thereof, provided however, if the Director
shall not make such a determination an owner of the land on which
the building or structure intended to be altered or enlarged
is situated may request the Council to make such determination.
C. The terms "Site Plan and Architectural Design" as used in this
subdivision mean a plan produced in written, graphic and/or pic-
torial form prepared by a registered architect, landscape architect
or engineer which shall include the following: (1) a detailed
-2-
natural systems analysis which documents existing physical
features such as vegetation, soil types, slopes, hydrologic
systems, wildlife, and ecology, (2 ) proposed construction of all
site alterations including grading, drainage, utilities, and
storm sewer, (3) building locations, (4 ) landscaping and
screening, (5) lighting, ( 6) plans for all pylon, monument, and
building signs, (7) an architectural plan of the exterior of the
building or structure intended to be constructed, altered, or
enlarged situated on the site depicting the building elevation,
including its height from the surface of the ground in its
altered or finished condition; its width and depth; its location
in relation to the land on which it is situated, and its external
appearance such as materials, texture and color, and (8 ) such
other information as may reasonably be required by the City.
D. The owner of property for which approval of a Site Plan and
Architectural Design is required by this subdivision may apply
for Site Plan and Architectural Design review and approval by
filing an application with the Director of Planning on the form
provided by the Director of Planning and containing the infor-
mation required by such form accompanied by a Site Plan and
Architectural Design, together with such further information as
may reasonably be required by the Director of Planning.
E. A Site Plan and Architectural Design may be evaluated by the
Council according to its compliance with the following standards
and provisions:
-3-
1. Adherence to, and consistency with, the City's
policies and objectives as reflected in the
Comprehensive Guide Plan;
2 . Adherence to, and consistency with, the City's
Code relating to zoning and the subdivision of
land.
3 . The preservation and enhancement of the natural
and built environment as well as those modifications
already effected by development and construction
upon the land, including the minimization of:
tree loss, soil removal, wetland, floodplain,
lake and creek encroachment; and the maintenance
of the general natural topography or physical
grade of the land consistent with that of adjoining
properties.
4 . Maintenance of open space to provide a desirable
environment both for occupants of the site and the
general public.
5 . Transitions where there are differences in land
use, building mass, height, densities, and site
intensity, in proximity to that which is the
subject of the Site Plan and Architectural
Design. Transitions may be accomplished by 0
increased setbacks, berming, plantings, larger
lot sizes, lower densities, lower flood area
ratios, and smaller buildings .
6 . Provision for safe and convenient vehicle and
pedestrian traffic, including interior drives and
parking arrangments which facilitate clear access
to public streets, appropriate widths for drives
and access points, and the separation of vehicular
and pedestrian traffic.
7 . The minimization of negative impacts upon other
land uses of surface water run-off, noise,
glare, odors, vibrations, dust, loading areas,
parking areas, and refuse areas.
8 . Compatibility of materials, textures, colors, and
other construction details with other structures
and uses in the vicinity.
9 . Such other conditions and criteria as are reasonably
related to the health, safety and welfare of the
residents of the City and to preservation of the
environment.
-4-
F. The Site Plan and Architectural Design may not be acted upon
by the Council until it has received the recommendation of the
Planning Commission or until 60 days have elapsed from the date
it has been referred to the Planning Commission for its study and
report.
No approval shall be given until a public hearing has been
held thereon by the Council. A notice of the time, place and
purpose of the hearing shall be published in the official
newspaper of the City at least 10 days prior to the day of the
hearing. A notice shall be mailed at least 10 days before the
day of the hearing to each owner of property situated wholly or
partly within 350 feet of the property to which the requested
• approval relates. For the purpose of giving mailed notice, any
appropriate records to determine the names and addresses of
owners may be used. A copy of the notice and list of the owners
and addresses to which the notice was sent shall be attested to
by the person giving the notice and shall be made a part of the
records of the proceeding. The failure to give mailed notice to
the property owners or defects in the notice shall not invalidate
the proceeding provided a bonafide attempt to comply with this
provision has been made.
Approval of the Council shall require a two-thirds vote of
all of the members of the Council.
•
-5-
Section 2. City Code Section 11. 03, Subd. 7, entitled,
"Review" shall be and is repealed. 48
Section 3. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 11.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Section 4. This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the
City of Eden Prairie on the 7th day of February
1989, and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the 21st
day of February 1989.
ATTEST:
City C rk Mayor
PUBLISHED in the Eden Prairie News on the 8th day of
March 1989.
-6-
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-89
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER
11 ENTITLED"LAND USE REGULA-
TIONS (ZONING)" BY AMENDING
SECTION 11.03,SUED.6, ENTITLED
"SITE PLANS"AND AMENDING THE
TITLE THEREOF AND REPEALING
SUBD.7,ENTITLED"REVIEW",AND
ADOPTING BY REFERENCE CITY
CODE CHAPTER i AND SECTION
11.99, WHICH, AMONG OTHER
THINGS CONTAIN PENALTY PRO-
VISIONI
THE UNCILOFTHE TY
OF RIE, MINNEJTA Affidavit of Publication
4
ORD�mI. 1CityCodeSectioni1.03, Southwest Suburban Publishing
Subd.6entitled,"Site Plans,"isa ,
including the title thereof, as fo ows:
Subd. 6. Site Plan and Architectural
Design Review.
A Approval Required. No building-
permit shall be issued for the construe- }
tion of any building or structure situated State of Minnesota )
or to be constructed within any District, )SS.
except the Rural District, One-Family
Residential Districts,and RM-6.5-Multi- County Of Hennepin )
Family Residential Districts, unless it
shall conform to a Site Plan and Archi-
tectural Design as described in C.hereof, StanRolfsrud,beingdulysworn,ononthsaysthatfieistheauthorizedagentorthepublisherorlhenewspaper
or an amendment thereof, which has known as the Eden Prairie News and has full knowledge of the facts herein staled as follows:
been approved by the Council not more (A)'Ilds newspaper has complied with the requirements constituting qualification as a legal newspaper,as
than two years prior to issuance of the ' provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
building permit. ,j
No building permit shall be issued (11)11rc printed public notice that is attached to thisAflidavitand identified as No.S.39V,was publLdud
for the construction of an alteration or on the date or dales and in[fie newspaperstated in[lie attached Noticc,and said Notice is hereby incorporated
enlargement of a building or structure as part or this affidavit. Said notice was cut form the columns or the newspaper specified. Printed below is
within any district, except the Rural a copy or[lie lower case alphabebfrom A to Z,both inclusive,and is hereby acknowledged as being the kind
District, One-Family Residential Dis- and size of type used in the composition mid publication or the Notice-
trios and RM-6.5-Multi-Family Resi-
dential Districts,as described in C.hereof, abedefghijklnmopgrsluv x
unless it shall conform to a Site Plan and
Architectural Design, or an amendment
thereof,which has been approved by the
Council not more than two years prior to , By
issuance of the building permit. to id,&46heral •ma
B. Exceptions. The provisions of
this subdivision shall not apply to the Subscribed and sworn before me on
issuance of a building permit for a build-
ing or structure to be built or constructed on land in conformity with a Site Plan _ RM
approved prior to March 8,1989,but not this da of 4 VC 1989 -'aTA
more than two years prior to issuance of ''`yf3'' S"Or CGU'11y
rarcxr!+:
the building permit by the City Council ~.�.. ;`sst2....
in connection with the rezoning or plat-
ting of the land. 1-turie A. Hartmann, Notary Public
The Director of Planning may deter-
mine that an alteration or enlargement of
a building or structure is minor and does
not require conformance with an ap- RATE INFORMATION
proved Site Plan and Architectural De-
sign or an amendment thereof,provided Lowest classified rate paid by commercial users for comparable space............ $11.25 per column inch
however, if the Director shall not make Maximum rate allowed by law for the above matter ............................. $11.25 per column inch
such a determination an owner of the
Rate actually charged for the above matter........................................................ $5.30 per column inch
land on which the building or structure
intended to be altered or enlarged is
situated may request the Council to make
such determination.
C. The terms"Site Plan and Archi-
tectural Design"as used in this subdivi-
sion mean a plan produced in written,
graphic and/or pictorial form prepared
by a registered architect,landscape.archi-
tect or engineer which shall include the
following.(1)a detailed natural systems
analyyats winch documents existing physi-
al f; nssMAasv o� • types,
slopes,hydr alogic* e,and
000logy,(2)proposed.co a'Oruraion of all
site a aerations including�grsdinjI drain-
age,utilities,and storm sewer, build-
ing locations,(4)landscaping and screen-
ing,(5)lighting,(6)plans for all pylon,
monument, and building signs, (7) and
architectural plan of the exterior of the
building or structure intended to be con-
structed,altered,or enlarged situated on
the site depicting the building elevation,
including its height from the surface of
the ground in its altered or finished con-
dition;its width and depth;its location in
relation to the land on which it is situ-
n'.cd, and iu c%fcrrinl n pe'rance such as
Tin�ii nl ,tcxturc and color,and(8)such !
other information as may rcasonably be
required by the City.
D. 1-he om=ner of property for which
approval of a Sitc PIan and ArcNI. -
tural Design is required by this subdivi-
sion may apply for Site Plan and Archi-
tectural Design review and approval by
filing an application with the Director of
Planning on the form provided by the
Director of Planning and containing the
information required by such form ac-
companied by a Site Plan and Architec-
tural Design, together with such further
information as may reasonably be re-
quired by the Director of Planning.
E. A Site Plan and Architectural
Design may be evaluated by the Council
according to its compliance with the
following standards and provisions:
1. Adherence to, and consistency
with, the City's policies and objectives
as reflected in the Comprehensive Guide
Plan;
I Adherence to, and consistency
with, the City's Code relating to zoning
and the subdivision of land.
3. The preservation and enhance-
ment of the natural and built environ-
ment as well as those modifications al-
ready effected by development and con-
struction upon the land, including the
minimization of: tree loss,soil removal,
wetland, floodplain, lake and creek en-
croachment;and the maintenance of the
general natural topography or physical
grade of the land consistent with that of
adjoining properties.
4. Maintenance of open space to
provide a desirable environment both for
occupants of the site and the general
public.
5. Transitions where there are differ-
ences in land use,building mass,height,
densities,and site intensity,in proximity
to that which is the subject of the Site
Plan and Architectural Design. Transi-
tions may be accomplished by increased
setbacks, berming, plantings, larger lot
sizes, Iower densities, lower flood area
ratios, and smaller buildings.
6. Provision for safe and convenient
vehicle and pedestrian traffic, including
interior drives and parking arrangements
which facilitate clear access to public
streets,appropriate widths for drives and
access points, and the separation of
vehicular and pedestrian traffic.
7. The minimization of negative
impacts upon other land uses of surface
water run-off,noise,glare,odors,vibra-
tions, dust,lc?dina areas,parking areas,
and refuse areas.
8. Compatibility of materials, tex-
tures,colors,and otherconstruction details
with other structures and uses in the
vicinity.
9. Such other conditions and criteria
as are reasonably related to the health,
safety and welfare of the residents of the
City and to preservation of the environ-
ment.
I+. The Site Plan and Architectural
Design may not be acted upon by the
Council until it has received the recom-
mendation of the Planning Commission
or until 60 days have elapsed from the
-date it has been referred to the Planning
,-Commission for its study and report.
No approval shall be given until a
public hearing has been held thereon by
the Council. A notice of the time,place
and purpose of the hearing shall be pub-
lished in the official newspaper of the
City at least 10 days prior to the day of
the hearing. A notice shall be mailed at
least 10 days before the day of the hear-
ing to each owner of property situated
wholly or partly within 350 feet of the
property to which the requested approval
relates. For the purpose of giving mailed
notice,any appropriate records to deter-
mine the names and addresses of owners
may be used. A copy of the notice and
list of the owners and addresses to which
the notice was sent shall be attested to by
the person giving the notice and shall be
made part of the records of the proceed-
ing. The failure to give mailed notice to
the property owners or defects in the
notice shall not invalidate the proceed-
ing provided a bonafide attempt to com-
ply with this provision has been made.
Approval of the Council shall re-
quire a two-thirds vote of all of the
members of the Council.
Section 2. City Code Section 11.03,
Subd.7,entitled,"Review"shall be and
is repealed.
Section 3. City Codes Chapter 1
entitled"General Provisions and Defini-
tions Applicable to the Entire City Code
Including Penalty for Violation" and
Section 11.99 entitled"Violation a Mis-
demeanor" are hereby adopted in their
entirety,by reference,as though repeated
verbatim herein.
Section4.This ordinance shall become
effective from and after its passage and
publication.
FIRST READ at a regular meeting of
the City Council of the City of Eden
Prairie on the 7th day of February,1989,
and finally read and adopted and ordered
published at a regular meeting of the City
Council of said City on the 21st day of
February, 1989.
ATTEST:
John Frane
City Clerk
Gary Peterson
Mayor
(Published in the Eden Prairie New
Wednesday, March 8, 1989; No. 5390)