HomeMy WebLinkAboutOrdinance - 38-90 - Heritage Preservation - 10/16/1990 CITY OF EDEN PRAIRIE
is HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 38-90
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)",
SECTION 11.03, SUBD. 6 BY ADDING TO PARAGRAPH E. A NEW
PARAGRAPH 10, AND BY ADDING A NEW SECTION 11.05, AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Sec. 11.03, Subd. 6., paragraph E. is amended to
add paragraph 10 to read as follows:
10. Preservation of Heritage Preservation Sites as designated by the
Council pursuant to Section 11.05 and adherence to, and
consistency with, the City's policies and objectives as reflected in
the Heritage Preservation Site Program.
Section 2. City Code Chapter 11 shall be and is amended by adding Section 11.05 to
read as follows:
SEC. 11.05.HERITAGE PRESERVATION SITES
Subd. 1. Declaration of Public Policy and Purpose. The Council of the City
of Eden Prairie (hereinafter the "Council") declares as a matter of public policy that the
preservation, protection, perpetuation and use of areas, places, buildings, structures, and other
objects have historic, aesthetic or community interest or value, benefits the health, prosperity,
education and welfare of the community. The purposes of this chapter are to: (1) Safeguard the
heritage of the City by preserving sites and structures which reflect significant elements of the
City's cultural, social, economic, political, visual or architectural history; (2) Promote the
preservation and continued use of historic sites and structures for the education and general
welfare of the people of the City; and (3) Foster civic pride in the beauty and notable
accomplishments of the past.
Subd. 2. Definitions. The following terms, as used in this Section, shall
have the following meanings:
A. "Commission" -The Heritage Preservation Commission established
by Chapter 2, Section 2.18, Subd. 3.
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B. "Heritage Preservation Site"-Any area,place,building,landmark,
structure, lands, districts, or other objects which have been duly designated Heritage Preservation
Sites pursuant to Subd. 3.G. of this Section 11.05. Is
Subd. 3. Designation of Heritage Preservation Sites.
A. RMLOrts. The Council may direct the City staff to prepare
studies which catalog buildings, land, areas, districts, or other objects to be considered for
designation as a Heritage Preservation Site.
B. Criteria. The Commission shall recommend to the Council that
an area, building, district, or object be designated a Heritage Preservation Site upon determining
that such site possesses integrity and meets one or more of the following criteria:
1. It has character, interest or value as part of the
development, heritage or cultural characteristics of the City, State of Minnesota or the United
States;
2. Its location as the site of a significant historic event;
3. It has yielded, or is likely to yield, information important
in pre-history or history;
4. It is associated with a person or persons who significantly
contributed to the culture and development of the City;
5. It embodies distinctive characteristics of an architectural
style, period, form or treatment;
6. It represents the work of an architect or master builder
whose individual work has influenced the development of the City;
7. It embodies elements of architectural design, detail,
materials, or craftsmanship which represent a significant architectural innovation; or
8. Its unique location or singular physical characteristics
represents an established and familiar visual feature of a neighborhood, community or the City.
C. Planning Commission Review. The Commission shall advise
the Planning Commission of the proposed designation of a Heritage Preservation Site, including
boundaries, and a program for the preservation of a Heritage Preservation Site, and secure the
Planning Commission's recommendation with respect to the relationship of the proposed heritage
preservation designation to the Comprehensive Plan of the City, and the City Planning
Commission's opinion as to the effect of the proposed designation upon the surrounding
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neighborhood and any other planning consideration which may be relevant to the proposed
designation. The Commission may make such modifications,changes,and alterations concerning
the proposed designation as it deems necessary in consideration of the recommendation and
opinion of the Planning Commission. The Planning Commission shall also give its
recommendation of approval, rejection or modification of the proposed designation to the
Council.
D. Communications with State Historical Society. A copy of the
Commission's proposed designation of a Heritage Preservation Site, including boundaries, and
a program for the preservation of a Heritage Preservation Site shall be sent to the State Historical
Society in accordance with Minnesota Statutes.
E. Hearings. Prior to the Commission recommending to the
Council any building, district, or object for designation as a Heritage Preservation Site, the
Commission shall hold a public hearing on the proposed designation. Prior to such hearing, the
Commission shall cause to be published in a newspaper of general circulation notice of the
hearing at least ten (10) days prior to the date of the hearing, and notice of the hearing shall be
sent to all owners of the property proposed to be designated a Heritage Preservation Site and to
all property owners within three hundred fifty (350) feet of the boundary of the area to be
designated a Heritage Preservation Site.
F. Findings and Recommendations. The Commission shall make
findings as to whether a proposed Heritage Preservation Site is eligible for heritage preservation
as determined by the criteria specified in Paragraph B of this subdivision. If the Commission
determines the site meets the criteria in Paragraph B, it shall forward its findings to the Council
with its recommendation that the site be designated for heritage preservation and its proposed
program for the preservation of the site.
G. Council Designation. The Council shall consider the
Commission's recommendation that a site be designated for Heritage Preservation, together with
the Planning Commission's recommendations, and may, upon the request of the Commission,
by ordinance designate a Heritage Preservation Site.
Subd. 4. Additional Powers and Duties of the Commission.
A. The Commission may recommend to the Council after review and
comment by the City Planning Commission, that certain property eligible for designation as a
Heritage Preservation site be acquired by gift, negotiation or by eminent domain as provided for
in Chapter 117 of Minnesota Statutes.
B. The Commission shall have the powers and duties specified in
Chapter 2, Section 2.18 in addition to those otherwise specified in this chapter.
Subd. 5. Review of Permits.
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A. Heritage Preservation Site Alteration Permit. A Heritage
Preservation Site Alteration Permit is required to do any of the following in, on, or to a Heritage
Preservation Site in the City:
1. Remodel, alter, repair in any kind or manner, including a
change of color, that will alter the exterior appearance of a historic building, site or landmark.
2. Erect a building or any structure.
3. Erect signs.
4. Move from or to any building.
5. Demolish any building in whole or in part. This does not
apply to structures required to be demolished in accordance with Minnesota Statutes, Chapter
463.
6. Alter or remove a land form in whole or in part.
The application for a Site Alteration Permit shall be accompanied by detailed plans including a
site plan, building elevations and design details, and materials necessary to evaluate the request.
The Council shall make the determination whether to approve or disapprove the permit.
B. Commission Recommendation. The Commission shall review
each application and make its recommendation to the Council relative to the request for a
Heritage Preservation Site Alteration Permit. The Commission shall also review and make
recommendations to the Council concerning City activity that could change the nature or
appearance of a Heritage Preservation Site.
C. Criteria For Heritage Preservation Site Alteration Permit. All
recommendations by the Commission and decisions by the Council to approve, disapprove,
and/or impose conditions on a Heritage Preservation Site Alteration permit shall be in accordance
with the program approved by the Council and the State Historical Society for each Heritage
Preservation Site. The following General Standards for Historic Preservation Projects issued by
the Secretary of the Interior shall be used to evaluate applications of Site Alteration Permits:
1. Every reasonable effort shall be made to provide a
compatible use for a property which requires minimal alteration of the building, structure, or site
and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a
building, structure or site and its environment shall not be destroyed. The removal or alteration
of any historic material or distinctive features should be avoided when possible.
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3. All buildings, structures, and sites shall be recognized as
products of their own time. Alterations that have no historical basis and which seek to create
an earlier appearance shall be discouraged.
4. Changes which have taken place in the course of time are
evidence of the history and development of a building, structure or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be
recognized and respected.
5. Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather
than replaced, whenever possible. In the event replacement is necessary, the new material should
match the material being replaced in composition, design, color, texture, and other visual
qualities. Repair or replacement of missing architectural features should be based on accurate
duplications of features, substantiated by historic, physical, or pictorial evidence rather than on
conjectural designs or the availability of different architectural elements from other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods that will damage historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve
archeological resources affected by, or adjacent to, any acquisition, stabilization, preservation,
rehabilitation, restoration or reconstruction project.
The Commission and the Council shall also consider, when
appropriate, the Secretary of the Interior's Specific Standards for Preservation Projects.
D. Findinas. The Council shall make findings as to whether a site
alteration permit application should be approved or disapproved, or conditions imposed, as
determined by the criteria specified in Paragraph C. of this subdivision.
E. Hearings. Prior to the Council making its decision regarding
an application for a Site Alteration Permit for a Heritage Preservation Site, the Council shall hold
a public hearing on the application. Prior to such hearing the Council shall cause to be published
in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date
of the hearing, and notice of the hearing shall be sent to all owners of the property for which a
Heritage Preservation Site Alteration Permit application has been submitted and to all property
owners within three hundred fifty (350) feet of such property.
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F. Limitations. If within sixty (60) days from the filing of s Site
Alteration Permit application the Commission has not made a recommendation of approval or is
to the Council, the application shall be forwarded to the Council for approval of
disapproval of the permit without the Commission's recommendation.
Subd. 6. Emergency Repair. In emergency situations where immediate
repair is needed to protect the safety of the structure and its inhabitants, the Building
Department, the department authorized to enforce the building code pursuant to Chapter 10,
Section 10.01, Subd. 2, may approve the repair without prior Commission or Council action.
Subd. 7. Repository for Documents. The office of the City Clerk is
designated as the repository for at least one copy of all studies, reports, recommendations and
programs required under this Section 11.05.
Subd. 8. Recording of Heritage Preservation Sites. The office of the City
Clerk shall record the designation of buildings, lands or areas as Heritage Preservation Sites with
the Hennepin County Recorder or the Hennepin County Registrar of Titles, unless the County
Recorder or Registrar of Titles refuses to record such designation, and shall transmit a copy of
the recording document to the Building Department.
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 PEAD at a regular meeting of the City Council of the City of Eden Prairie on the
Aay of & ber 1990 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 1,5114ay of NO ens,Oiggo.
ATTEST:
f.
Ci Cl Mayor
PUBLISHED in the Eden Prairie News on the�hday of r-'m P , 1990.
6 •
Heritage Preservation
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 38-90
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)",
SECTION 11.03, SUBD. 6 BY ADDING TO PARAGRAPH E. A NEW
PARAGRAPH 10, AND BY ADDING A NEW SECTION 11.05, 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:
Summary: This ordinance designates Heritage Preservation sites and establishes criteria
for such designations.
Effective Date: This Ordinance shall take effect upon publication.
Gary D. Peters6n,14ayor
ATTEST:
o n D. Frane, City Clerk
PUBLISHED in the Eden Prairie News on the 62#1 day of,l j "_ 990.
(A full copy of the text of this Ordinance is available from the City Clerk.)
Affidavit of Publication
Southwest Suburban Publishing
Blum East Eighth Addition )
CITY OF EDEN PRAIRIE State of Minnesota
W,COu ,M 'f1TA SS.
'T MY County of Hennepin )
op MW K MPMMTA,
> STAIN LAM FROM
ONE ZOM4G DISTRICT AND PLAC. Stan Rolfsmd,being duly swom,on oath says that he is the authorized agent of the publisher of the newspaper known
M IT IN ANOTHER, AMENDING as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
THE LEGAL DESCRIPTION OF LAND (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided
IN EACH DISTRICT, AND ADOPT by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
ING BY REFERENCE CITY CODE _ ,r
CHAPTER 1 AND SECTION 11.91 (B)The printed publicnotice that is attached to this Affidavit and identified as No.6yo/ ,waspublishedon
WHICH, AMONG OTHER THINGS, the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part
CONTAIN PENALTY of this affidavit.Said notice was cut form the columns of the newspaper specified.Printedbelowis acopyof the
PROVISIONS. lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used
UIE CSTY COUNCIL OF THE CI'I•Y in the composition and publication of the Notice:
F EDEN PRAIRIE, MINNESOTA,
ORDAINS. abcdefghijkdmnopgrstuvwxyz
Sum I P This Ordinance allows
rewning of land located on Bluffs Road
between Whitetail Crossing and Wild
Duct Pass, from the Rural and R 1-22 By:
Districts to R1-13.5 District, subject to Stan Rolfsrud, General Manager
the tams and conditions of a developer's
agreement.Exhibit A.included with this Subscribed and sworn before me on
Ordinance, gives the full legal descrip-
tion of this property.
Effective Date:Ibis Ordinance shall =COUN-ry
LAW
take effect upon publication. this ? day of�1991 THM.
tars.�'E,
ATTEST: HE+iF MY COM
Douglas B.Tenpes,Mayor
John D.Franc,City Clerk
(A full copy of the text of this Ordinance QAAf
is available from the City Clerk) N tary Public
(Published in the Eden Prairie News
Thursday,May 2, 1991;No.6144)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.................. $10.12 per column inch
Maximum rate allowed by law for the above matter.................................................. $10.12 per column inch
Rate actually charged for the above matter ................................................................ $5.84 per column inch