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HomeMy WebLinkAboutOrdinance - 1-2016 - Amending City Code 11.03 & 11.40 Site Plan and Architectural Design and PUD review process - 01/14/2016 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03 RELATING TO SITE PLAN AND ARCHITECTURAL DESIGN REVIEW AND SECTION 11.40 RELATING TO PLANNED UNIT DEVELOLPMENT (PUD) CONCEPT, 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. A is amended by amending paragraphs one and two thereof in their entirety as follows: A. Approval Required. No building permit, or land alteration permit for a parking lot, shall be issued for the construction of any (i) building, structure or parking area 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, or land alteration permit for a parking lot, shall be issued for the construction of an alteration or enlargement of a(i) building, structure or parking area situated 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, 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 or the City Planner in accordance with the criteria set forth in Section 11.03, Subd 6. D and such approval is effective as herein after provided. Section 2. City Code Section 11.03, Subd. 6. B is amended by deleing second paragraph of said Subd. 6. B in its entirety. Section 3. City Code Section 11.03, Subd. 6. D is amended by adding the following additional text after the first paragraph: The City Planner shall determine the level of review required for a new or amended Site Plan and Architectural Design based on the criteria set forth below. The City Planner may determine to refer an application to the City multi- department staff "Development Review Committee" for review and recommendation to the City Planner: 1. The following are considered administrative amendments to an approved Site Plan and Architectural Design and shall be subject to review and approval by the City Planner. A. Reduction of parking which meets City Code requirements for size, number and aisle width. Reconfiguration of parking meeting City Code requirements for size, number and aisle width. B. Changes to landscaping type, location and species that do not fall below the site requirements. 2. The following are considered Minor Amendments to an approved Site Plan and Architectural Design and shall be subject to review and consideration for approval by the City Council only without referral to the Planning Commission: A. Alterations which are code compliant and are 10% or less of the Gross Floor Area of a building or 2,000 square feet whichever is less. The expansion or reduction shall be the cumulative total and/or cumulative reduction after adoption of this amendment to this Section 11.03, Subd. 6. D. 2. A. B. Farade remodels which are code compliant. 3. All other amendments and alterations to an approved Site Plan and Architectural Design, are considered Major Amendments and are subject to review in accordance with Section 11.03, Subd. 6, E and F. 4. All new buildings, structures, and parking areas and all alterations to existing buildings, structures and parking areas that do not have an approved Site Plan and Architectural Design are subject to review in accordance with Section 11.03, Subd. 6, E and F. A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77. Section 4. City Code Section 11.03, Subd. 6. E is amended by deleting the words "by the Council" in the first sentence. Section 5. City Code Section 11.03, Subd. 6. F is amended by amending the first paragraph as follows: Except as provided for in Subd 6, D. 1. and 2. a Site Plan and Architectural Design shall not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the Planning Commission for its study and report. Section 6. City Code Section 11.40, Subd. 10 is amended by amending the first and second sentences as follows: A public hearing on an application for a PUD and any PUD amendment other than a Minor PUD Amendment as defined in Subd. 10. C. below shall be held before both the Planning Commission and the Council. An application for a Minor PUD Amendment shall require a public hearing only before the Council. Section 7. City Code Section 11.40, Subd. 10. A is amended by adding after the phrase "An application for" the following words: "a PUD and all applications for amendment of'. Section 8. City Code Section 11.40, Subd. 10. is amended by adding a new Subd. 10 C. as follows: C. Minor PUD Amendment is: 1. Additions or reductions which require PUD waivers and are 10% or less of the Gross Floor Areas of building or 2,000 square feet whichever is less. The addition or reduction shall be the cumulative total or cumulative reduction after adoption if this Section 11.40, Subd. 10, C. 1. 2. Fagade remodels which are require a PUD waiver. Section 9. City Code Section 11.40, Subd. 10. is amended by adding a new Subd. 10 D. as follows: D. A Zoning Certificate and Certificate of Occupancy shall be required in accordance with City Code Section 11.77. Section 10. 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 11. 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 1" day of December, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of January, 2016. Ka hleen Porta, City Clerk ncy ra- en a or PUBLISHED in the Eden Prairie News on January 14, 2016. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 1-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 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 relating to Planned Unit Development and Site Plan review process. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Z�(h6� M& Ka Teen Porta, City Clerk N cy a- L ens, Ma or PUBLISHED in the Eden Prairie News on January 14, 2016. (A full copy of the text of this Ordinance is available from City Clerk.)