HomeMy WebLinkAboutOrdinance - 5-2010 - City Code Section 11.05 Heritage Preservation Sites - 04/29/2010 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 5-2010
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE SECTION 11.05 RELATING TO HERITAGE
PRESERVATION SITES AND ADOPTING BY REFERENCE CITY CODE
CHAPTER I 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 Chapter 11 - Section 11.05,Heritage Preservation Sites,is amended
in its entirety as follows:
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.
A, The following terms,as used in this Section,shall have the following meanings:
1. Alteration — means any act or process which changes one (1) or more of the exterior
architectural features of a building,or landform.
2. Archaeological resources—means archaeological artifacts, objects, or sites as defined in
regulations promulgated under the Archeological Resources Protection Act of 1979, 16
USC Section 470.
3. Building — means an enclosed structure with walls and a roof, consciously created to
serve a residential,industrial,commercial,agricultural,or other human use.
4. Certificate of Appropriateness — means a certificate issued by the City Council
authorizing alteration, construction, restoration, relocation or demolition of a designated
Heritage Preservation Site in accordance with the provisions of this Chapter.
5. Commission--means the Heritage Preservation Commission of the City.
6. Cultural resource—means a building,object, monument, structure,site or geographically
definable area, such as an historic district or archaeology site that possesses a significant
concentration,linkage or continuity of historically significant resources.
7. Demolition — means any act or process that destroys in part or in whole a cultural
resource including the removal of any material constituting part of a structure other than
for the purposes of ordinary maintenance or repair, which if removed affects the exterior
appearance of the structure, which reduces the stability or longevity of the structure and
impairs its historic or architectural integrity.
8. Demolition by neglect—means any total or partial destruction of or damage to a structure
or any portion thereof due to failure to adequately maintain or repair the structure.
9. Exterior appearance — means the design, architectural style, general arrangement,
ornament, character and general composition of the exterior of a cultural resource,
including but not limited to the kind, color and texture of the building material and type,
design, style and character of all windows, doors, light fixtures, signs and appurtenant
elements.
10. Historic District—means a geographically definable area designated by the City Council
conveying a sense of time and place due to the historic and architectural merits of the
area. A historic district may also comprise contributing and noncontributing elements
separated geographically but linked by association or history.
IL Integrity—means the authenticity of a cultural resource's historical identity evidenced by
its survival of physical characteristics that existed during the property's historic or
prehistoric period.
12. Maintenance — means all activities necessary to prolong the useful life and aesthetic
appearance of a cultural resource.
13. Minor work—means small scale repairs and ordinary maintenance to correct problems or
damage to the exterior that does not include a change in design, material, or outward
appearance of the cultural resource, Examples of minor work include, but are not
limited to,touch-up painting,window and door repair,caulking,fastening loose materials
and roofing repairs.
14, National Register of Historic Places—means the national list of districts,sites,buildings,
structures and objects significant in American history, architecture, archaeology,
engineering or culture maintained by the Secretary of the Interior under authority of Title
16 USC,Section 101(a)(1)(A)(National Historic Preservation Act)as amended
15. Object— means a material item of functional, aesthetic, cultural, historical, or scientific
value that may be, by nature or design, movable yet related to a specific setting or
environment.
16. Preservation---means the identification,evaluation,recordation,documentation,curation,
acquisition, protection, management, rehabilitation, restoration, stabilization,
maintenance and reconstruction of cultural resources. For the purposes of development of
cultural resources, preservation means the act or process of applying measures to sustain
the existing form, integrity and material of a building or structure and the existing form
and vegetative cover of a site. It may include initial stabilization work, where necessary,
as well as ongoing maintenance of the historic building materials.
IT Protection -- means the act or process of applying measures designated to affect the
physical condition of a cultural resource by defending or guarding it from deterioration,
Ioss, or to cover or shield the cultural resource from danger or injury. In the case of
buildings and structures,such treatment is generally of a temporary nature and anticipates
future historic preservation treatment; in the case of archaeological sites, the protective
measure may be temporary or permanent.
18. Reconstruction— means the act or process of reproducing by new construction the exact
form and detail of a vanished cultural resource,or part thereof,as it appeared at a specific
period of time.
19. Rehabilitation — means the act or process of returning a cultural resource to a state of
utility through repair or alteration which makes possible an efficient contemporary use
while preserving those portions or features of the cultural resource which are significant
to its historical,architectural and cultural values.
20. Repair-- means the replacement of deteriorated materials which are impractical to save,
such as broken window glass or severely rotted wood and the reclamation of items worn
to the point that they can no longer perform their intended function. Material used for
repairs on cultural resources should be as close as possible to the original in composition
of materials,in method of fabrication and in manner of erection.
21. Restoration—means the act or process of accurately recovering the form and details of a
cultural resource and its setting as it appeared at a particular period of time by means of
the removal of later work or by replacement of missing earlier work.
22. Secretary of Interior Standards for treatment of historic properties — means the
preservation, rehabilitation, restoration and reconstruction standards adopted by the U.S.
Department of Interior codified in 35 CFR Part 68,as may be amended from time to time.
23, Site — means the location of a significant event, a prehistoric or historic occupation or
activity,or a building or structure,whether standing or vanished,where the location itself
maintains historical or archaeological value regardless of the value of any existing
structure.
24. Stabilization— means the act or process of applying measures designed to reestablish a
weather resistant enclosure and the structural stability of an unsafe or deteriorated
cultural resource while maintaining the essential form as it exists at present.
25. Structure — means a constructed work, usually immovable by nature or design,
consciously created to serve some human activity. Examples are buildings of various
kinds, monuments, dams, roads, railroad tracks, canals, millraces, bridges, tunnels,
locomotives, nautical vessels,stockades, forts and associated earthworks, Indian mounds,
ruins, fences, and outdoor sculpture. For purposes of Section 11.05 "structure" is limited
to functional constructions other than buildings.
Subd.3. Designation of Heritage Preservation Sites.
A. Reports. The Council may direct the City staff to prepare studies which catalog buildings, Iand,
areas,historic districts or other objects to be considered for designation as a Heritage Preservation
Site.
B. Criteria for Eligibility. The Commission shall recommend to the Council that an area, building,
historic district, or object be designated a Heritage Preservation Site, when: (i) the quality in
American history, architecture, archaeology, engineering, and culture is present in the historic
district, site, building, structure or object and (ii) the historic district, site, building structure or
object possess integrity of location, design, setting, materials, workmanship, feeling, and
association and(iii)the historic district,site,building,structure or object meets one or more of the
criteria listed below.
1. It is associated with events that have made a significant contribution to the broad patterns
of our history;or
2. It is associated with the lives of persons significant in our past;or
3. It embodies the distinctive characteristics of a type,period,or method of construction, or
that represent the work of a master,or that possess high artistic values,or that represent a
significant and distinguishable entity whose components may lack individual distinction;
or
4. It has yielded or may be likely to yield, information important in prehistory or history.
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 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, when received by the City,shall be sent to the State Historical Society
in accordance with Minnesota Statutes.
E. 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.
F. 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. Amendment or Recession of Designation, A Heritage Preservation Site designation may be
amended or rescinded following the same process for the original designation.
Subd. 5. Suffix "HP." For purposes solely of identification, a site designated by ordinance as a Heritage
Preservation Site may be identified with the suffix "HP"following its underlying zoning classification and
any other overlay zoning.
Subd.G.Heritage Site Preservation Plan and Hearings.
A. Within such time as is established by the City Council following City Council approval of the
Heritage Preservation Site designation, the applicant shall prepare and submit to the Commission
for approval a Heritage Site Preservation Plan, which sets forth necessary preservation guidelines,
including identification of significant features.
B. Hearings. Prior to the Commission recommending to the Council any building,historic 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.
Subd.7. Additional Powers and Duties of the Commission.
A. The Conunission 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 the
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.8. Alterations.
A. A Certificate of Appropriateness is required to do any of the following to a Heritage Preservation
Site:
1. Remodel, alter, or substantially change 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.
S. Demolish any building in whole or in part. This does not apply to structures to be
demolished in accordance with Minnesota Statutes,Chapter 463.
5. Alter or remove a land form in whole or in part.
The application for a Certificate of Appropriateness 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 Certificate of Appropriateness. The
Commission shall also review and make recommendations to the Council concerning City
sponsored construction projects or development projects aided by the City that could change the
nature or appearance of a Heritage Preservation Site.
C. Criteria for Certificate of Appropriateness. All recommendations by the Commission and
decisions by the Council to approve, disapprove, and/or impose conditions on a Certificate of
Appropriateness 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 Certificate of Appropriateness:
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.
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.
9. The Commission and the Council shall also consider, when appropriate,the Secretary of
the Interior's Specific Standards for Preservation Projects.
D. Criteria for Certificate of Appropriateness for Demolition of Historic Preservation Site.In addition
to the criteria listed in Subd. 7. C, the following criteria shall also apply to an application for
demolition of a Heritage Preservation Site. A Certificate of Appropriateness for the demolition or
partial demolition of a historic resource shall not be granted without the review and approval of a
completed application.The review shall consider the following:
I. The public's interest in the preservation of the cultural resource.
2. The ability of the cultural resource to reasonably meet the National, State or local criteria
for designation as a Heritage Preservation Site.
3. The age of the cultural resource, its significant features, unusual or uncommon design,
texture, and/or material and its ability to be reproduced without unreasonable difficulty
and/or expense.
4. The ability of the cultural resource to help preserve and protect a historic place or
prehistoric site or area of historic interest in the City.
5. The ability of the historic resource to promote the general welfare of the City by:
a. encouraging the study of American history,architecture and design;
b. by developing an understanding of the importance and value of the American culture
and heritage;and
c. by making the City a more attractive and desirable place in which to live.
6. The cost and economic feasibility of restoring the cultural resource.
E. No owner or any other person shall demolish or undertake to demolish a Heritage Preservation
Site without a Certificate of Appropriateness.
F. Findings. The Council shall make findings as to whether a Certificate of Appropriateness
application should be approved or disapproved, or conditions imposed, as determined by the
criteria specified in Paragraphs C and D of this subdivision.
G. Hearings. Prior to the Council making its decision regarding an application for a Certificate of
Appropriateness 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 Certificate of Appropriateness application has been submitted and to all property owners
within three hundred fifty(350)feet of such property.
H. Liniitations. if within sixty(60)days from the filing of a completed application for a Certificate
of Appropriateness for site alteration the Commission has not made a recommendation of approval
or disapproval to the Council, the application shall be forwarded to the Council for approval or
disapproval of the permit without the Commission's recommendation.
Subd.9.Minor Work.
A. Nothing in this section shall be construed to prevent minor work. Minor work does not require a
Certificate of Appropriateness. The criteria set forth in Subdivision 8 C shall be followed to the
extent practicable.
B. Minor work should replace like-with-like, using the same materials and the same construction
methods as originally used.
Subd. 10.Archaeological Resources and Traditional Cultural Properties. Special Consideration.The
City's archaeological resources are part of its heritage and community fabric.These resources are
important to the City's past and are irreplaceable and need to be protected from deterioration and
site damage. Though considered historic resources under this ordinance, the City acknowledges
that archaeological resources have distinct differences. The City shall maintain an inventory of
known archaeology sites and potentially sensitive areas.
Subd.11.Demolition
A. Except as otherwise provided in this Section, the Building Official shall not issue a permit to
demolish a designated Heritage Preservation Site until after a Certificate of Appropriateness is
issued. No owner or any other person shall demolish or undertake to demolish a designated
Heritage Preservation Site or an element within a designated Heritage Preservation Site without a
Certificate of Appropriateness.
B. No owner or person with an interest in real property designated as a Heritage Preservation Site
shall allow property to fall into a serious state of disrepair without obtaining a Certificate of
Appropriateness,
Examples of such deterioration include,but are not limited to,the following:
1. Deterioration of exterior walls or other vertical supports.
2. Deterioration of roofs or other horizontal members.
3. Deterioration of exterior chimneys.
4. Deterioration,crumbling or spalling of exterior stucco,masonry or mortar.
5. Lack of waterproofing of exterior walls, roofs, or foundations; including broken
windows or doors that prove ineffective.
5. Deterioration of any feature so as to create a hazardous condition that requires the
demolition of the Property for public safety purposes.
7. Deterioration of ornamental features.
Subd. 12. Enforcement. If inspection finds that the work is not in compliance with the Certificate of
Appropriateness the City may suspend the Certificate of Appropriateness and issue a "Stop Work Order".
No further work shall be undertaken on the project as long as a "Stop Work Order" is in effect except for
work necessary to remedy the cause of the suspension.
Subd. 13. Emergency Repair. In emergency situations where immediate temporary repair is needed to
protect the safety of the structure and its inhabitants, the Building Department, may approve the temporary
repair without prior Commission or Council action.
Subd. 14.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. 15. 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 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 - Effective Date - This Ordinance shall take effect upon its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 23rd day of March, 2010 and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 201" day of April,
2010.
Kat een Porta, City Clerk Ph oung, May
PUBLISHED in the Eden Prairie News on 7, 92010.
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 5-2010
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN
ITS ENTIRETY CITY CODE CHAPTER 11, SECTION 11.05, RELATING TO
HERITAGE PRESERVATION SITES AND ADOPTING BY REFERENCE CITY CODE
CHAPTER I 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 amends Chapter 11, Section 11.05 of the City Code by repealing the
existing section in its entirety and replacing it with a new section regulating historic preservation
sites. The amendment adds definitions to the Section; revises the criteria for eligibility for
historic preservation designation; provides a process for amendment or recession of a
designation; provides for informational purposes only a designation of"HP" in the zoning of an
historic property; provides for submission of a Heritage Site Preservation Plan following
designation of a site as a heritage preservation site; amends the process to alter an historic site by
requiring a Certificate of Appropriateness for alterations; requires and establishes criteria for a
Certificate of Appropriateness for demolition of a historic preservation site; exempts minor work
from the requirement of a Certificate of Appropriateness; provides that the City shall maintain an
inventory of known archaeology sites and potentially sensitive areas; and provides enforcement
remedies with respect to work not in compliance with a Certificate of Appropriateness.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/o
Kathl96n Porta, City Clerk Phil Young,Mayor
PUBLISHED in the Eden Prairie News on .
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA Affidavit of Publication
MINN
SUMMARY OF ORDINANCE 5-2010 Southwest Newspapers
ANORDINANCEOFTHE CITY
OF EDEN PRAIRIE,MINNESOTA,
AMENDING IN ITS ENTIRETY
CITY CODE CHAPTER 11, State of Minnesota
SECTION 11.05, RELATING TO
HERITAGE PRESERVATION )SS.
SITES AND ADOPTING BY
REFERENCE CITY CODE County of Hennepin
CHAPTER 1 AND SECTION 11.99
WHICH AMONG OTHER THINGS
CONTAIN PENALTY
PROVISIONS. Laurie A. Hartmann,being duly sworn, on oath says that she is the authorized agent of the
THEHE CITY COUNCIL OF THE ubiishcr of the newspaper known as the Eden Prairie News and has full know[edge of the facts
CITY OF EDEN PRAIRIE, Pg
MINNESOTA,ORDAINS! herein stated as follows:
Summary: This ordinance
amends Chapter 11,Section 11.05 of (A)This newspaper has complied with the requirements constituting qualification as a legal
the City Code by repealing the newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
existing section in its entirety and amended.
replacing it with a new section
regulating historic preservation (B)The printed public notice that is attached to this Affidavit and identified as No.�
sites. The amendment adds published on the date or dates and in the newspaper definitions to the Section; revises was P per stated in the attached Notice and said
the criteria for eligibility for Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
historic preservation designation; the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
provides a process for amendment inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
or recession of a designation; and publication of the Notice:
provides for informational purposes
only a designation of"HP" in the abedefghijklmnopgrstuvwxyz
zoning of an historic property;
provides for submission of a
Heritage Site Preservation Plan
following designation of a site as a _
heritage preservation site;amends By
. - — Laurie A.Hartmann
the process to alter an historic site
by requiring a Certificate of
Appropriateness for alterations;
requires and establishes criteria for Subscribed and sworn before me on
a Certificate of Appropriateness for
demolition of a historic
preservation site; exempts minor _
work from the requirement of a this day of ,20l0
Certificate of Appropriateness;
provides that the City shall
maintain an inventory of known
archaeology sites and potentially JYMME J,BARK
sensitive areas; and provides NC7TARVP[1t3iIC MIfJNSpTA
enforcement remedies with respect
to work not in compliance with a Notro,ie MY Ccmmissivn i:OMS 01/31/2013
Certificate of Appropriateness.
Effective Date:This Ordinance
shald take effect upon publication.
Phil Young,Mayor
ATTEST: Kathleen Ports,City
Clerk
(A full copy of the text of this RATE INFORMATION
Ordinance is available from City
Clerk.) Lowest classified rate paid by commercial users for comparable space...$31,20 per column inch
(Published in the Eden Prairie News Maximum rate allowed by law for the above matter..-.... $31.20 per column inch
on Thursday, April 29, 2010; No.
3967)- Rate actually charged for the above matter...............................................$12.59 per column inch