Memo-2nd reading 2004-913
. MEMO
To: City Council
From: Nancy Anderson
Date: August 12, 2004
Subject: Second Reading for Ordinance 04-913
Attached is Ordinance 04-913 for second reading. The ordinance will place replace the
conditional use permit process for approval of developments when the cost of
construction is over $150,000 to a site plan review ordinance,
The City Council's action is to approve the ordinance for second readinq and order the
ordinance published.
.
.
. 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 tho Hopkins City Code are hereby amended
and repealed as follows:
525.13, Subd. 2. A conditional use pennit 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 lIse that does not
change the nature or increase the intensity of such use, or II) changes in an existing
conditional use that are dete1111ined 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 pem1it.
c) the building permit requosted is for a ncw construction or for the cnlarsement,
fetHBaeling or ropair of the exterior of any existing b'..lildins including structures
accessory thereto, at the cost of at least $150,000 except 011 tluo'..lgh four family
s1:J.:H€t.ures, thc coct shan be determined by the building inspector usillS the btest
published statc building code valuation data.
5)5.13 Subd. 4. Special ca::JO: application under subdivision 2c. The application for ~lI1Y
Btti-lcling permit for the construction or alteration set forth in subdivision Ie shall include
or specify at least thc following additional information, and a copy sach application must
Be--at-taeheJ to and accompany the application for the conditional use permit:
a) exterior elevations of the proposed structure;
b) height, size, dosign and appearance of all elevations of the proposed building or
. nddi~ion faceting any p'..lblic thoroaghfure or other area owned or operated by the
public;
. et-Bescription of the construction and tho material proposed to be used;
d) grade of the lot in relation to the stroot;
e) location and surfacing of all proposed parking facilities;
f) location of proposed bailding or addition on such lot;
;;) all access to pablic sidewalks, streets and alleys available to occapants and LLsers;
aHtl
11) description of the function plan or the proposed structuro ,;{hen erected.
SITE PLAN REVIEW
The following subsection 526 is hereby enacted and adopted as pmi of the Hopkins City
Code.
526.00 Purpose. This section establishes site plan review procedures and provides
regulations pertaining to the enforcement of site design standards consistent with the
requirements of this section. These procedures are established to promote hi~h quality
development to ensure the long-tenn 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 quality design principles within new and
redevelopment projects.
2. To protect the long-te1111 public interest by ensuring the intemal and
extemal relationship of 11rOperty 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 intemal cohesiveness
to promote good neighborhood atmosphere.
6. Implement the Comprehensive Plan.
7. Promote the orderly and safe flow ofvehicuIar and pedestrian traffic.
8. Protect public safety.
526.01 Site Plan Review. Subdivision 1. Purpose. 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 require 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, require additional parking, or result in an
inability to maintain required perfonnance standards as specified in subsection 18
of this ordinance; or
b) the construction, enlargement, or the moving into the City, of one-throu gh four-
family residential stmctures.
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 square feet.
d) any proiect that is limited to reconstruction, replacement, or remodeling of
. materials on less than 50 percent of any pali of the exterior of an existing
building,
525.13 Subd. 3. Application. The application for a site plan review must contain at least
the following data: The PlaIming depmiment 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 infonnation and standards set forth ill
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;
c) drainage plan indicating existing and proposed drainage pattems 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 required by the Planning department.
j) a plan showing the location of trash container, screening and type of materia] for
screening of the trash container and pick-up plan
k) plan for adjustment to existing right-of-way, easements, utilities and new
dedications; and
]) architectural plan showing exterior elevations of proposed structures, entrances,
heights, floor plans and material to be used on the exterior.
m) exterior elevations of the proposed struct'.Jre;
n) height, size, design and appearance of all elevations of the proposed building or
. addition faclng any public thoroughfare or other area owned or operated by the
public;
0) description of the construction and the materia] proposed to be used;
p) grade of the lot in relation to the street;
q) location and surfacing of all proposed parking facilities;
r) locution of proposed b~lildlng or o.ddltion on s~lch lot;
s) all access to public sidewalks, streets and alleys available to occupants and users;
t) description of the function plan or the proposed structure when erected;
u) st01111water management plan;
v) potentia] for adversely affecting historic places or affecting known or discovered
archeological sites.
w) areas requiring environmental review under state or federal law;
. x) potential of affecting threatened or endangered species or their habitat.
. y) temporary and pe1111anent erosion control and sediment plan;
Subd. 4. 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
tilt: City Council. The request shall be considered as being officially submitted and
complete when the applicant has complied with all the specified i11fo1111ation
requirements.
Subd. 5. Ownership. The applicant shall suppl y proof of ownership of the property for
which the site plan approval is requested or supply written authorization from the
owner(s) of the propeliY in question to proceed with the requested site plan approvaL
Subd, 6. Additional info1111ation. The Plmming Commission, City staff, and City
Council shall have the authority to request additional infol111ation from the app] icant
concerning operational factors or to require expert testimony with the consent and at the
expense of the applicant concel11ing operational factors. Said infonnation is to be
declared nccessary to evaluate the request and/or to establish perfonnance conditions in
relation to all pertinent sections of this subdivision. Failure on the Dart of the applicant to
supply all necessary supportive infOlmation may be grounds for denial of site plan
approval.
Subc1. 7. 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 depmiment requesting an
extension 30 days before the expiration of said approval. The letter shall state the facts of
the request, showing a good-faith attempt to utilize the approval, and it shall also state the
additional time being requested 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 request for a time extension shall be presented to the City Council for
consideration.
Subd. 8, Public hearing. The Plmming Commission shall conduct a Dublic hearinQ, 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 subject property. The assessing
records shall be deemed sufficient for detennining the location and ownershiD of all such
properties. The notice of public hearing shall include the time and place of the hearing,
the sDecific request 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 publlc 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 questions regarding the request.
.
. Subd. 9. 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 fonn stating said finding of fact in support or
opposition to the request 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
requested 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 requires a simple maiority vote
of the City Council.
Subd, 10. Specific project. 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. 11. Multiple applications. Any site plan review application, which is
accompanied by a request for a conditional use pennit, variance, Comprehensive Plan
amendment, preliminary/final plat and/or for a zoning map amendment to this ordinance
shall be considered by the Planning Commission concunently with the site plan review
. 3pplication.
Subd. 12. 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 adiacent propel1ies.
Subd. 13. Preliminary concept plan. The applicant may request 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 request shall
be accompanied with at least the infom1ation as required by the Planning department.
Subd. 14. The Planning Commission may recommend and the City Council may impose
~\s a condition of site plan approval, sllch conditions and restrictions as deemed necessary
to protect the public interest and to secure compliance with the requirements of the
ordinance. The conditions may include the execution and submission of a developmcnt
al!:reemcnt with a supporting financial guarantee that the subiect property will be
constructed, developed and maintained in conformance with the plans, specifications and
standards.
Subd. 15. 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. 16. Amendments. Holders of an approved site plan may propose amendment to
tbe plan at any time following the procedures for a new review as set forih in this section,
except where administrative approval may be granted by the Planning Department. No
si gni ficant changes in the circumstances or scope of the site plan shall be undertaken
without approval of those amendments by the City. The Planning depmtmcnt shall
detennine 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 extemal activities, the location, sitting and hei,ghts for
buildings and structures, landscape plan, traffic or other circumstances not foreseen at the
time the final plan was approved. The PlatUling 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. 17, Evaluation Cliteria. The Planning Commission and City Council shall evaluate
tbe 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:
525. I 3 Subd. 18. Standards. In evaluating a conditional u~e pennit site plan review
application and the granting of a site plan review approval, the Planning Commission and
City Council shall consider and require compliance with the following standards,
. conditions and requirements:
a) the consistency with the elements and objectives 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 request;
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 11amlOnious design for structures and site features,
with special attention to the following:
1) an intcmal 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 adjacent and
neighboring structures and uses; and
4) vehicular and pedestrian circulation, including walkways, interior drives
and parking in tem1S of location and number of access points, general
interior circulation, separation of pedestrian and vehicular traffic and
. anangements 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 adjacent 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 adequately covered by other regulations which may
have substantial effects on neighboring land uses and;
g) the use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already pennitted, nor tend to or actually diminish
and impair property values within the neighborhood.
11) 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 tral1sp011ation 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
require the applicant to submit a traffic study prepared by a traffic consultant approved
by the City to demonstrate the applicant's compliance with the requirements of this
paragraph. As a condition of the approval of a site plan, the City Council may require
the applicant to incorporate in thc applicant's proposal and construct such traffic
. control measures and improvemcnts as the City Council may deem necessary,
including but not limited to direction signalization, channelization, stand-by tum 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
-
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obel111aier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
. City Attomey Signature Date