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HomeMy WebLinkAboutOrdinance - 14-2002 - Amending City Code Section 11.41 Relating to Conditional Use Permits for Historic Properties - 05/21/2002 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 14-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,IVIINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS; 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 11.41 is amended to read as follows: SECTION 11.41. CONDITIONAL USE PERMITS. Subd. 1. Categories of Conditional Use. A. Major Center Area 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City have been included within and designated as the "Major Center Area",(MCA),and are the subject of the"Eden Prairie Major Center Area Planned Unit Development", (MCA-PUD), adopted by the Council on July 10, 1973, as an amendment to the Comprehensive Guide Plan. The MCA-PUD as well as the Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended for office use are situated in the R1-22 (Residential) or the Rural District and have dwellings situated thereon. Development of some of the lands within the MCA for the uses intended has occurred. Development of some of such land has not and may not occur in the immediate future because of time,economic and other constraints.Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is,therefore,advisable to enable the owners of lands on which are situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R1-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District)hereof upon issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this Section. See. 14,T. 116,R-22 NW-1/4 of the NE-1/4 SW-1/4 of the NW-1/4 SE-1/4 of the NW-1/4 NE-1/4 of the NE-1/4 SE-1/4 of the SW-1/4 SW-1/4 of the SE-1/4 SW-1/4 of the SW-1/4 Sec.23,T. 116,R.22 The South 650 feet of the NW-1/4 of the NE-1/4 3. Duration of Permits.A Major Center Area conditional use permit shall be for a period not in excess of three years, provided, however, after a permit expires, the Council may grant another conditional use permit effective subsequent to the expiration of a previously granted conditional use permit. B. Historic Properties 1. Policy and Purpose. Certain buildings within the City have been included within and designated by the City as Heritage Preservation Sites pursuant to Section 11.05 of this chapter, or are listed on the National Register of Historic Places. The intent of this Section is to encourage preservation, revitalization and adaptive reuse of the many Historic Properties located in the City of Eden Prairie. The permitted uses are intended to promote preservation of the historic and architectural character by encouraging retention and appropriate use of existing structures as civic,retail,restaurant, personal service and office establishments. The conditional uses listed in this Section must be reviewed by the Heritage Preservation Commission and approved by the City Council after consideration in each case, of the impact of such uses upon the property,neighboring uses,the surrounding area and the public need for the particular use at the particular location. Limitations and standards are herein established to insure the use's consistency with the character,uses and activities in the rural district. In order to accomplish such purposes,the following provisions relating to the issuance of conditional use permits are adopted. 2. Areas Where Conditional Use Permits May Be Granted for Adaptive Reuse. Conditional use permits for the adaptive use of a Heritage Preservation Site, is limited to historic properties situated within an R-Rural District. 3. Permitted Uses for Adaptive Reuse of Heritage Preservation Sites. The adaptive use proposed for the property must be a permitted use in either the Office District,Section11.20,Subd.2(A)or(B),or the Commercial Districts, Section 11.25, Subd. 2(A). Examples include:restaurants,bakeries, cafes, delicatessens,coffee houses,ice cream parlors,bed and breakfasts,reception facilities,meeting or conference facilities,professional office uses,museums, art galleries, antique shops,craft boutiques,or retail stores or shops. 4. Duration of Permits.An Historic Properties conditional use permit shall be for a period not in excess of five years, provided, however, after a permit expires, the Council may grant another conditional use permit effective subsequent to the expiration of a previously granted conditional use permit. Subd.2. Standard for All Conditional Use Permits. A conditional use permit may be granted subject to the City Council making the following findings: A. The land subject to the conditional use permit shall abut on a public street. B. The conditional use will have available to it adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely, without harm to other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit. C. The conditional use will not create an excessive burden on parks,schools,streets,and other public facilities and utilities which serve or are proposed to serve the area. D. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. E. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. F. The conditional use will not cause traffic hazard or congestion. G. Neighboring land and dwellings will not be adversely affected because of traffic generation,noise, glare, or other nuisance characteristics. H. Any other conditions deemed appropriate for the purpose of protecting the public health, safety and welfare. I. The land subject to the conditional use permit shall meet the requirements of Section 11.03, Subd. 6, Site Plan and Architectural Design Review. J. Applicants must comply with Section 11 requirements for the district in which the property is located. Subd.3. Additional Conditions. All conditional uses are subject to the criteria established in Subdivision 2 above. In granting a conditional use permit the Council may impose conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivisions 2 and 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this Section. Additional criteria must be met in each of the following categories of conditional use: A. Major Center Area 1. The conditional use will not be in conflict with the MCA-PUD or the Comprehensive Guide Plan. 2. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 3. No permit shall be granted unless the minimum standards set forth in this Chapter relating to lands within the Office District are met,unless a variance has been granted therefore by the Board of Adjustments and Appeals. 4. There shall be no business or advertising sign in excess of 8 square feet. 5. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. B. Historic Properties. To be considered eligible for an historic properties conditional use permit,properties must be in conformance with the following: 1. Applicant must demonstrate that the historic characteristics of the property cannot be maintained reasonably and economically unless the conditional use permit is granted. 2. Property is designated by the City as a Heritage Preservation Site or listed on the National Register of Historic Places. 3. The property is adequately sized to meet the proposed use. 4. In conformance with all applicable building and fire codes and ADA requirements. 5. In conformance with all State and County health regulations. 6. One advertising sign is permitted not to exceed thirty-two (32) square feet, and six feet in height. 7. Site improvements meet the City's historic preservation standards and guidelines. 8. Applications for conditional use permits shall be reviewed by the Heritage Preservation Commission. 9. If an application is reviewed by the Heritage Preservation Commission,and approved by the City Council, applicant shall receive a conditional use permit. However,in addition to the conditional use permit, applicants shall also obtain a Heritage Preservation Site Alteration Permit pursuant to this Chapter. Subd.4.Procedure. An application for a conditional use permit shall be in writing signed by the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 2 of the City Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit. Subd. 5. Revisions and/or Changes. A. Major Center Area 1. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the City Planner if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved. 2. Major revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Council only pursuant to the procedures applicable to an application for a conditional use permit. Any change in a site or remodeling plan the cost of which change shall exceed 10 percent of the market value of the land and any improvements thereon, for which a conditional use permit has been granted,as determined by the City Assessor shall constitute a major revision or change. B. Historic Properties. Any revisions and/or changes to site or remodeling plans after a Heritage Preservation Site Alteration Permit has been granted,shall require approval by the City Planner and comply with Section 11.05, Subd. 5 criteria. Subd. 6. Cancellation of Conditional Use Permits. Unless otherwise specified by the Council at the time it is authorized a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwise within one year from the date of its authorization. Subd.7. Conditional Use Permit Required. It is unlawful for any person to engage in a conditional use without having first obtained a conditional use permit therefore. SECTION 2. 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 3. 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 21't day of May,2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21"day of May,2002. , K hleen Porta, City Clerk 'ONagc T -L ns, r PUBLISHED in-the Eden Prairie News on the 30�1 day of ' 2002. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO.14-2002 AN ORDINANCE OF THE CITY OF EDEN PRAMIE,NIINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No.14 -2002. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The ordinance amends City Code Section 11.41 relating to conditional use permits to allow the issuance of conditional use permits for historic designated property in the rural zoning district for office and commercial uses. The purpose of the amendment is to encourage preservation and revitalization of publicly and privately owned historic properties in the community. The ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which contain definitions and provisions relating to penalties. Effective Date: This Ordinance shall take effect upon publication ATTEST: Ka Teen Porta, City Clerk c yra- e , ayor PUBLISHED in the Eden Prairie News on the c30 VA)f �& �OOa V Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: CITY OF EDEN PRAIRIE (A)This newspaper has complied with the requirements constituting qualification as a legal HENNEPIN COUNTY, MINNESOTA newspaper,as provided by Minnesota Statute 331A.02,.331A.07,and other applicable laws,as SUMMARY OF ORDINANCE NO. amended. 14-2002 AN ORDINANCE OF THE CITY (B)The printed public notice that is attached to this Affidavit and identified as Nol < OF EDEN PRAIRIE, MINNESOTA was published on the date or dates and in the newspaper stated in the attached Notice and said AMENDING CITY CODE CHAPTER Notice is hereby incorporated as part of this Affidavit.Said no' e as cut from the columns of 11 BY AMENDING SECTION 11.41 the newspaper specified.Printed below is a copy of the low case phabet from A to Z,both RELATING TO CONDITIONAL USE ' inclusive,and is hereby acknowledged as being the kindSizepe used in the composition PERMITS; AND ADOPTING BY ; and publication of the Notice: REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, abcdefghijklmnopgrstu AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS. The following is only a summary of By Ordinance No.14-2002. The full text is V VSVRo1iNKd,Gen Manager available for public inspection by any or his designated agent person during regular office hours at the office of the City Clerk. Subscribed and sworn before me on The ordinance amends City Code Section I I A I relating to conditional use permits to allowthe issuance ofconditional -,4 use permits for historic designated thisk-30 day of AeW 2002 property in the rural zoning district for GWEN M.RADUENZ office and commercial uses. The purpose } l NOTARY PUBLIC MINNESOTA of the amendment is. to encourage My Commission Expires Jan,31,2005 preservation andrevitahzationofpublicly andprivately owned historic properties in the community. Effective Date: This Ordinance shall Notary Public take effect upon publication Nancy Tyra-Lukens,Mayor Attest: Kathleen Porta,City Clerk (AfullcopyofthetextofthisOrdinance j is available from City Clerk.) (Published in the Eden Prairie News on i RATE INFORMATION Thursday,May 30,2002;No.3937) �. Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch Maximum rate allowed by law for the above matter................................$20.00 per column inch Rate actually charged for the above matter.................................................$10.23 per column inch