2004-913
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2004-913
AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS
BY REGULATING THE SITE PLAN REVIEW PROCESS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS
FOLLOWS:
Subsection 525.13, Subdivisions 2 and 4, of the Hopkins City Code are hereby amended
and repealed as follows:
525.13. Subd. 2. A conditional use permit is required whenever:
a) the proposed use is specified as a conditional use, provided that a new conditional use
permit or amendment to an existing conditional use permit shall not be required for I)
remodeling or improvement to the interior of an existing conditional use that does not
change the nature or increase the intensity of such use, or II) changes in an existing
conditional use that are determined to be non-significant under the provisions of
Subdivision 15 of this ordinance.
b) the proposed use is listed as requiring, under either the general or special provisions of
this code, a conditional use permit.
c) the baildil1g permit req-aested is f-or a ne\": eonstmetion or f-or the enlargement,
remodeling or repair of the elcterior of any eldstillg 13aildillg inclaffing stnletares
aecessory thereto, at the eost of at least $150,000 excet>t eln throagH. four family
stmct1:H'es, the e0S! shall Be eeterminea BY the bailding inspeetor asing the latest
pablishea state bailding code valaation data.
525.13 Sabd. 4. Special case: applicatien allEler sabdi"lisien 2c. The applieation ror any
bailding permit for the eonstrnetion or alteratioB set :forth in sabdivision 2e shaH include
or specify at least the :follo.....:ing additianal information, and a copy sach applicati()f). m-ast
be attaehed to and accompany the applicatioB far the eelnditionalase permit:
a) exterior elevations of the propased stmet1:H'e;
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b) height, size, design and appearanee elf all elevations of the prapased bl:l:ilding or
addition faeeting any pabHc thareughfare ar ether area a.....fBeQ or operated by the
pablie;
e) aeseripti0n 0f the eens!meti0n ana the material prepesed to Be ased;
d) graae of the let in relatieR te the street;
e) 10eatieR aHa s1:H'faeing ef all pref)0sed parking [aeilities;
f) leeati0R ef prepesed bailding er addition on saeh let;
g) all aceess te pub lie sidev;alks, streets and aUeys a",ailable te eeeapants and asers;
aB4
h) deseriptien efthe mnetien plan or the pref)esed stmeture ".vhen ereeted.
SITE PLAN REVIEW
The following subsection 526 is hereby enacted and adopted as part of the Hopkins City
Code.
526.00 Puroose. This section establishes site plan review procedures and provides
regulations pertaining to the enforcement of site design standards consistent with the
reauirements of this section. These procedures are established to promote high auality
development to ensure the long-term stability of residential neighborhoods and enhance
the built and natural environment within the city as new development and redevelopment
activities occur. The specific goals of the city are:
1. To ensure the application of auality design. principles within new and
redevelopment proiects.
2. To protect the long-term public interest by ensuring the internal and
external relationship of property improvements.
3. To ensure the active participation and review of site plans by the affected
public.
4. To mitigate to the extent possible adverse impacts of one development
upon another.
5. To ensure new development contains elements of internal cohesiveness
to promote good neighborhood atmosphere.
6. Implement the Comprehensive Plan.
7. Promote the orderly and safe flow of vehicular and pedestrian traffic.
8. Protect public safety.
526.01 Site Plan Review. Subdivision 1. Pumose. It is the intent of this section to serve
the public interest by promoting a high standard of development within the City. Without
first obtaining site plan approval it shall be unlawful to do any of the following:
a) construct or enlarge a building,
b) move a building to any lot within the city:
c) expand or change the use of a building or parcel of land or modify a building.
accessory structure or land feature in any manner which results in a greater
intensity of use. including the construction of additional parking.
Subd, 2. Exceptions. Notwithstanding the provision of Subdivision 1 of this section. the
following shall not reauire site plan approval:
a) changes in the leasable space on the interior of a multi-tenant building where the
change does not intensify the use. reauire additional parking. or result in an
inability to maintain reauired performance standards as specified in subsection 18
of this ordinance: or
b) the construction. enlargement. or the moving into the City. of one-through four-
family residential structures.
c) enlargement of a building by less than 20 percent of its grOSS floor area. provided
that there is no variance involved. that the Planning Department has conducted an
administrative review and the enlargement is under 10.000 sauare feet.
d) any proiect that is limited to reconstruction. replacement. or remodeling of
materials on less than 50 percent of any part of the exterior of an existing
building.
526.02 Subd. 1. Application, The application for a site plan review must contain at least
the following data: The Planning department may waive inclusion of one or more of the
items if not relevant to an individual application:
a) a plat or map of the property showing the proposed improvements prepared by a
Registered Land Surveyor:
b) a plat or map of the property showing the existing improvements:
c) site plan showing location of all buildings. additions. and structures with
dimensions:
d) complete landscaping plans containing all information and standards set forth in
the adopted city landscape ordinance. including species and showing planting
size. pathway system. width and material. screening fences with detail. lighting
system. and recreational features. if any:
e) drainage plan indicating existing and proposed drainage patterns showing catch
basins and underground improvement:
f) a plan showing exiting and proposed utility systems for sanitary sewer. water. gas.
telephone. and electric which shall all be underground for new construction and
indicating public or private ownership of utilities:
g) off-street parking. drives and access plan:
h) off-street loading plan. if any is necessary:
i) such other information as may be reauired by the Planning department.
j) a plan showing the location of trash container. screening and type of material for
screening of the trash container and pick-up plan
k) plan for ad1ustment to existing right-of-way. easements. utilities and new
dedications: and
I) architectural plan showing exterior elevations of proposed structures. entrances.
heights. floor plans and material to be used on the exterior.
m) height. size. design and appearance of all elevations of the proposed building or
addition facing any public thoroughfare or other area owned or operated by the
public:
n) description of the construction and the material proposed to be used:
0) grade of the lot in relation to the street:
p) location and surfacing of all proposed parking facilities:
q) all access to public sidewalks. streets and alleys available to occupants and users:
r) description of the function plan or the proposed structure when erected:
s) stormwater management plan;
t) potential for adversely affecting historic places or affecting known or discovered
archeological sites.
u) areas reauiring environmental review under state or federal law:
v) potential of affecting threatened or endangered species or their habitat.
w) temporary and permanent erosion control and sediment plan:
Subd. 2. Filing. Applications for site plan review shall be filed with the Planning
department with such filing fee as may be from time to time established by resolution of
the City Council. The reauest shall be considered as being officially submitted and
complete when the applicant has complied with all the specified information
reauirements.
Subd.3. Ownership. The applicant shall supply proof of ownership of the property for
which the site plan approval is reauested or supply written authorization from the
owner( s) of the property in auestion to proceed with the reauested site plan approval.
Subd. 4. Additional information, The Planning Commission. City staff. and City
Council shall have the authority to reauest additional information from the applicant
concerning operational factors or to reauire expert testimony with the consent and at the
expense of the applicant concerning operational factors. Said information is to be
declared necessary to evaluate the reauest and/or to establish performance conditions in
relation to all pertinent sections of this subdivision. Failure on the part of the applicant to
supply all necessary supportive information may be grounds for denial of site plan
approval.
Subd. 5. Expiration. A site plan approval expires one year after it has been granted
unless the use for which the approval had been granted is in effect. Extensions may be
granted provided the applicant submit a letter to the Planning department reauesting an
extension 30 days before the expiration of said approval. The letter shall state the facts of
the reauest. showing a good-faith attempt to utilize the approval. and it shall also state the
additional time being reauested to begin the proposed construction. The Planning
Department may grant the extension if it is determined that construction will be
commenced within the one-year extension period. Only one such extension may be
granted, A second reauest for a time extension shall be presented to the City Council for
consideration.
Subd. 6, Public hearing. The Planning Commission shall conduct a public hearing to
consider the applicant for site plan approval. At least ten (10) days before the date of a
public hearing a notice of said hearing shall be mailed by the City to the owners of all
property within three hundred fifty (350) feet of the subiect property. The assessing
records shall be deemed sufficient for determining the location and ownership of all such
properties. The notice of public hearing shall include the time and place of the hearing.
the specific reauest to be considered. any proposed use of the property different than its
existing use. the legal description of the property. the property's street address. and the
property's current zoning classification if applicable. The Planning Commission shall
hold the public hearing on the application at its first regular meeting following
appropriate legal notice. The applicant and/or its representative shall appear before the
Planning Commission at this hearing to answer auestions regarding the reauest.
Subd. 7. Commission recommendation Within fifty (50) days following the submission
of a completed application for a site plan review. the Planning Commission shall forward
a recommendation on the application to the City Council. and it shall recommend
approval of the application as submitted. approval of the application subiect to certain
modifications or conditions therein. or disapproval of the application, The Commission's
recommendation shall be in resolution form stating said finding of fact in support or
opposition to the reauest as filed or amended. If no action on an application is taken by
the Planning Commission within fifty (50) days and there has been no delay caused or
reauested by the applicant. or the City has not notified the applicant the item will be
continued for UP to an additional 60 days. the application shall be forwarded to the City
Council without comment. Final approval of the site plan reauires a simple maiority vote
of the City Council.
Subd. 8. Specific proiect. Site and building plans shall be valid only for the proiect for
which approval is granted. Construction of all site elements shall be in substantial
compliance with the plans and specifications approved by the Planning Commission and
City Council.
Subd, 9, Multiple applications, Any site plan review application. which is accompanied
by a reauest for a conditional use permit. variance. Comprehensive Plan amendment.
preliminary/final plat and/or for a zoning map amendment to this ordinance shall be
considered by the Planning Commission concurrently with the site plan review
application.
Subd, 10. Conditions, The Planning Commission and City Council may impose
conditions in granting approval of the site plan to promote the intent of this section or to
protect adi acent properties.
Subd, 11, Preliminary concept plan, The applicant may reauest a preliminary meeting
with the Planning Commission in connection with a site plan review application to
explore the concept ideas and all other pertinent general information, The reauest shall
be accompanied with at least the information as reauired by the Planning department.
Subd. 12. The Planning Commission may recommend and the City Council may impose
as a condition of site plan approval. such conditions and restrictions as deemed necessary
to protect the public interest and to secure compliance with the reauirements of the
ordinance. The conditions may include the execution and submission of a development
agreement with a supporting financial guarantee that the subiect property will be
constructed. developed and maintained in conformance with the plans. specifications and
standards.
Subd. 13. Development agreement. A site plan review approval may be conditioned
upon a development agreement to be signed by the City and the applicant. Any costs
incurred in preparing the development agreement are the responsibility of the applicant.
Subd, 14. Amendments. Holders of an approyed site plan may propose amendment to
the plan at any time following the procedures for a new review as set forth in this section.
except where administrative approval may be granted by the Planning Department. No
significant changes in the circumstances or scope of the site plan shall be undertaken
without approyal of those amendments by the City, The Planning department shall
determine what constitutes significant change. Changes include. but are not limited to.
expansion of structures and/or premises. different and/or additional signage. operation or
modification resulting in increased external activities. the location. sitting and heights for
buildings and structures. landscape plan. traffic or other circumstances not foreseen at the
time the final plan was approved, The Planning Commission may recommend. following
the procedures for hearing and review set forth in this section. and the City Council may
approve significant changes and modifications to the site plan. including the application
of additional or revised conditions,
Subd. 15. Evaluation Criteria. The Planning Commission and City Council shall evaluate
the effects of the proposed site plans. This review shall be based upon. but not be limited
to. compliance with the City Comprehensive Plan and provisions of the Zoning
Ordinance and the following standards:
526.03 Subd. 1. Standards. In evaluating a site plan review application and the granting
of a site plan review approval. the Planning Commission and City Council shall consider
and reauire compliance with the following standards. conditions and reauirements:
a) the consistency with the elements and obiectives of the City's development plan.
including the Comprehensive Plan. public facilities. capital improvement plans.
and any other relevant plans at the time of the reauest:
b) consistency with this ordinance:
c) creation of a harmonious relationship of buildings and open spaces with natural
site features and with existing and future buildings having a visual relationship to
the development:
d) creation of a functional and harmonious design for structures and site features.
with special attention to the following:
1) an internal sense of order for the buildings and uses of the site and
provision of a desirable environment for occupants. visitors and the
general community:
2) the amount and location of open space and landscaping:
3) material. textures. colors and details of construction and expression of the
design concept and the compatibility of the same with the adiacent and
neighboring structures and uses: and
4) vehicular and pedestrian circulation. including walkways. interior drives
and parking in terms of location and number of access points. general
interior circulation. separation of pedestrian and vehicular traffic and
arrangements and amount of parking,
e) promotion of energy conservation through design. location. orientation and elevation
of structures. the use and location of glass in structures and the use of landscape
materials and site grading:
1) protection of adiacent and neighboring properties through reasonable provision for
surface water drainage sound and sight buffers. preservation of view, Light and air
and those aspects of design not adeauately covered by other regulations which may
have substantial effects on neighboring land uses and:
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g) the use will not be iniurious to the use and eniovment of other property in the
immediate vicinity for the purooses already permitted. nor tend to or actually diminish
and impair property values within the neighborhood,
h) traffic impacts such as increases in vehicular traffic. changes in traffic movements.
traffic congestion. interference with other transportation systems or pedestrian traffic.
and traffic hazards shall be considered by the Planning Commission and City Council
in evaluating an application for a site plan review. The applicant shall demonstrate the
proposed site plan shall not cause unacceptable increases in vehicular traffic. traffic
congestion or interference with other transportation systems or pedestrian traffic. and
will not create traffic hazards or excessive traffic through residential areas or
otherwise cause adverse effects on residential areas or dwellings. The City staff may
reauire the applicant to submit a traffic study prepared by a traffic consultant approved
by the City to demonstrate the applicant's compliance with the reauirements of this
paragraph. As a condition of the approval of a site plan. the City Council may reauire
the applicant to incomorate in the applicant's proposal and construct such traffic
control measures and improvements as the City Council may deem necessary.
including but not limited to direction signalization. channelization. stand-by turn lanes.
sidewalks. removal of access points to public streets and moving of access points to
public streets.
First Reading:
August 4, 2004
Second Reading:
August 17, 2004
Date of Publication:
August 26, 2004
Date Ordinance Takes Effect:
August 26, 2004
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APPROVED AS TO FORM AND LEGALITY:
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Date
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