CR 2004-121 Zoning Ordinance Amendment-Site Plan Review
G\li OF
. July 29,2004 ~ Council RepOli 04-121
i-fOPK1N5
ZONING ORDINANCE AMENDMENT - SITE PLAN REVIE'V
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 04-58, recommending
approval of Ordinance 03-913, to amend the zoning ordinance to add a site plan review
ordinance for first reading.
Overview.
In the summer of 2003 the Planning C0111111ission and the City Council reviewed a site plan
review ordinance at a work session. The reason for this discussion was the criteria that
requires a conditional use pennit (CUP) to review proposed developments. This discussion
has focused around the threshold of requiring a CUP if the cost of the exterior improvements
is over $150,000. There have been criticisms that applicants take out several permits so as
not to trigger the $150,000 threshold and have to go before the PlaIming C0111mission and
City Council for approval.
The proposed process would be a site plan review process for new construction and additions
without a dollar amount. The review process will be very similar to the CUP process that is
. currently done, but there will be an oppOliunity to review a few more improvements that
were in the section under the $150,000 threshold.
The Planning Commission recommended approval of the ordinance at their November 2003
meeting. The City Council reviewed the site plan ordinance at their December 9th work
session and their June 8, 2004, work session. HBCA reviewed the proposed ordinance at
their July 8, 2004, meeting
Primary Issues to Consider.
. Should the City change to a site plan approval process?
. Tfthe City changes to a site plan review process, what should be the requirements?
Supportin2 Documents.
. Analysis of Issues
. Resolution 04-58
. Ordinance 04-913
'\
. Financial Impact: $ N/A Budgeted: YIN Source:
-
Related Documents (CIP, ERP, etc.):
Notes:
CR04-121
Page 2
.
Primary Issues to Consider.
. Should the City change to a site plan approval process?
The site plan review process will be very similar to the existing conditional use process, but
will allow the City to review some projects or developments that in the past did not require a
reVIew.
. If the City changes to a site plan review process, what should be the
requirements?
The following are the requirements for a conditional use pennit:
A conditional use pennit is required for the following:
l. The proposed use is specified as a conditional use, provided that a new conditional
use pemIit 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 detennined to be non-significant under the provisions
of subdivision 15 of this ordinance.
2. The proposed use is listed as requiring, under either the general or special provisions
of this code, a conditional use permit; or
3, The building pennit requested is for a new constmction or for the enlargement,
remodeling or repair of the exterior of any existing building, including structures
accessory thereto, at the cost of at least $150,000, except one through four-family
structures. The cost shall be determined by the building inspector using the latest
published state building code valuation data.
If a building pennit application docs not meet one of the above requirements and the pennit
involves exterior improvements, the planning department does an administrative review for
zoning compliance of the improvements.
The following are other types of requirements that can be used:
In researching the thresholds other cities use to review developments, none use a dollar
amount as a threshold for a review. This discussion brings up another topic, on whether the
. CUP process is the conect procedure to review and approve developments. None of the
cities reviewed uses a CUP process for approving developments. Other cities use a site plan
approval process.
CR04-121
Page 3
. It appears that the cities use certain actions to require a site plan approval and then have
exceptions to that. The following seem to be the requirements many of the cities use to
require a site plan review:
1. Construct a building.
2. Move a building to any lot within the city,
'l Expand or change the use of a building or parcel of land or modify a building,
:J.
accessory structure, site or land feature in any manner, which results in a different
intensity of use, including the requirement for additional parking.
4. Grade or take other actions to prepare a site for development, except in conformance
with a pennit or an approved plan.
5. Remove earth, soils, gravel or other natural material from or place the same on a site,
except in conformance with a permit or an approved plan.
Examples of the C0111mon exceptions cities use are the following:
l. Construction or alteration of a single or two-family residential building or
accessory building on a lot zoned for residential use.
2. Enlargement of a building by less than ten (10) percent of its gross floor area,
provided that there is no variance involved and also provided that the director of
plamling has conducted an administrative review.
3. Changes in the leasable space of a multi-tenant building where the changes do not
. intensify the use or require additional parking.
4. Modifications, additions, or enlargements which do not increase the gross floor
area of the building by more than 25 percent and which do not involve a variance
from the provisions of this zoning code may, at the discretion of the city manager,
be exempted from some, or all, of the procedures for building and site plan
approval. In these instances an administrative site plan review shal1 be performed
and suitable documentation of such be placed in the property file. The city may
require such improvements as deemed necessary to meet the intent and standards
of this code and to maintain or improve the quality of the existing site plan.
5. Changes in the use of leasable space in single or multi-tenant buildings where the
change of tenant does not intensify the use of such space nor require additional
parking or result in an inability to maintain the required perfomlance standards,
G. Expansion of parking not related to modification, addition or enlargements to the
gross floor area of an existing building.
7. Construction of structures or buildings accessory to a pennittcd or conditionally
permitted use within the respective zoning district when such accessory use is also
pennitted in said district.
Altematives.
1. Approve the amendments to the zoning ordinance, By approving the amendments to the
. zoning ordinance, the City will now use a site plan review ordinance to review new
developments.
2. Deny the amendments to the zoning ordinance. By denying the amendments to the zoning
CR04-] 21
Page 4
. ordinance, the City will continue to use a conditional use pennit process to review new
developments. If the City Council considers this aItemative, findings will have to be
identified that support this alternative.
3, Continue for further infonnation. If the City Council indicates that further infonnation is
needed, the item should be continued.
.
.
CITY OF HOPKINS
. Hennepin County~ Minnesota
RESOLUTION NO: 04-58
RESOLUTION MAKING FINDINGS OF FACT AND
RECOMMENDING APPROVAL OF AN ORDINANCE TO ALLOW A SITE PLAN REVIEW
ORDINANCE
WHEREAS, an application for Zoning Amendments ZN03-8 has been made by the City of
Hopkins;
WHEREAS, tbe procedural history of the application is as follows:
1. That an application for zoning amendments has been made by the City of
Hopkins;
2. That the Hopkins Zoning and Plamling Commission published notice, held a
public hearing on the application and reviewed such application on November 25,
2003: all persons present were given an opportunity to be heard;
3, That the written comments and analysis of City staff were considered.
.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendments ZN03-8
is hereby approved based on the following Findings of Fact:
1. That the proposed amendments protect the hL:alth, safety, and welfare of the
community.
Adopted this 4th day of August 2004,
-
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obel111aier, City Clerk
.
. CITY OF HOPKJNS
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, Subd. 2, ofthe Hopkins City Code is hereby amended 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 pe1111it shall not be required for I)
remodeling or improvement to the interior of an existing conditional lIse that does nol
. 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 pennit; or
c) the building pennit requested is for n ne'.\' construction or for the enlargement,
remodeling or repair of the extelior of any existing bailding including slructJrcs
nccessory thereto, at the cost of at lellst $150,000 except on throagh four family
structures, the cost shall be detemlined by the building inspector using the latest
published state building code valuation data.
525,13 SubcJ. 1. Special case: application andcr subdivision 2c. The application for uny
building pemlit for the constrLlction or alteration set forth in subdivision ?c shull include
6f--&!*!cifyat lellst the follo\ving additional infon11ation, and u copy such :.:tpplication n~lIst
be attached to and accompany the application for the conditional ase pennit:
a) exterior elevations of the proposed stracture;
b) height, size, design and appearance of all elevations of the proposed building or
addition facetin,; any pablic thoroughfare or other area owned or opernted by the
. public;
c) description of the construction and thc material proposed to be ased;
. d) grade of the lot in relation to the street;
e) location and sarfacing of all proposed parking facilities;
f) location of proposed building or addition on such lot;
g) all access to public sidewalkG, streetG and alloys available to Occ'Llpants and users;
afltl
h) description of the function plan or the proposed structure when 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 high quality
development to ensure the long-temI stability of residential neighborhoods and enhance
the built and natural environment within the city as new development and other areas
. 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-tenn public interest by ensuring the intemal and
extemal relationship of propeliy improvements.
3. To ensure the active pariicipation 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 inte111al cohesiveness
to promote good neighborhood atmosphere.
6. Implement the Comprehensive Plan.
7. Promote the orderly and safe flow of vehicular and pedestrian traffic.
S, 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 obtainin,g site plan approval it shall be unlawful to do any afthe following:
a) construct or enlarge a building,
. b) move a building to any lot \vithin the city;
. c) expand or change the use of a building or parcel of land or modify a building,
accessory stmcture or land feature in any manner which results in a greater
intensity of use, including the constmction of additional parking.
Suhd. 2. Exceptions. Notwithstanding the provision of Subdivision 1 of this section, the
followinS!, shall not require site plan approval:
a) changes in the leasable space of a multi-tenant building where the change does not
intensify the use, require additional parking, or result in an inability to maintain
req uired perfomlance 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 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 square feet.
d) Reconstruction, rep lacement, and remodeling of materials on less than 50 percent
on any part of the exterior of a building.
. 525.13 Subd, 3. Application. The application for a site plan review must contain at least
the 1'0 Ilowin g data: The Planning department may waive inclusion of one or more of the
items ifnot relevant to an individual application:
a) a plat or map of the property showing the proposed improvements prepared by a
Registered Land Surveyor;
b) existing site plan;
c) site plan showing location of all buildings and structures with dimensions;
d) complete landscaping plans reflecting all information and standards set f011h 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 pattems showing catch
basins and underground improvement;
f) 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 info11nation as may be required by the Plmming department.
j) location of trash container, screening and type of material for screening of the
trash container and pick-up plan
k) plan for adjustment to existing right-of-way, easements, utilities and nevv
dedications; and
I) architectural plan showing elevations, entrances, heights, floor plans and material
to be used on the exterior.
111) exterior elevations of the proposed structure;
n) 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 thc
public;
0) description of the constmctioll and the material proposed to be used;
. p) grade of the lot in relation to the street;
q) iocation and surfacing of all proposed parking facilities;
r) location of proposed building or addition on such 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) stoIll1Water management plan;
v) potential 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 pel111anent 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
. the City Council. The request shall be considered as being officially submitted and
complete when the applicant has complied with all the specified infoTInation
requirements.
Subd, 5. Ownership. The applicant shall supply proof of ownership of the property for
which the site plan approval is requested or supply wlitten authorization from the
owncr(s) of the property in question to proceed with the requested site plan approval.
Subd. 6. Additional infol111ation. The Plmming Commission, City staff, and City
Council shall have the authority to request additional infonnation from the applicant
concerning operational factors or to require expe11 testimony with the consent and at the
expense of the applicant concerning operational factors. Said infonnation is to be
declared necessary to evaluate the request and/or to establish perf0l111ance conditions in
rc lation to all pertinent sections of this subdivision. Failure on the pm1 0 [ the applicant to
supply all necessary supportive infonnation may be grounds for denial of the request.
Subd. 7. Expiration. A site plan review expires one year after it has been issued unless
the use for which the pennit had been ~ranted is in effect. Extensions may be granted
provided the applicant submit a letter to the Plamung department requesting an extension
30 days before the expiration of said approval. The letter shall state the facts of the
request, showing a ~ood-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 jf it is determined that construction will be
commenced within the one-year extension period. Only one slIch extension may be
granted. A second request for a time extension shall be presented to the City Council for
consideration.
Subd. 8. Public hearing. At least ten (10) days before the date of a public hearing a
notice of said hearing shall be mailed to the owners of all prope11y within t11ree hundred
fifty (350) feet of the subject property. The assessing records shall he deemed sufficient
for dete1l11ining the location and ownership of all such properties. The notice of public
hearing shall include the time and place of the hearing, the specific request to be
considered, any proposed use of the propelty different than its existing use, the legal
description of the property, the propelty's street address, and the property's current
zoninQ, classification if applicable. The Planning Commission shall hold the public
hearing on the application at its first regular meeting following appropriate legal notice.
The alJ111icant and/or his representative shall appear before the PlmminQ, Commission at
th1s 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 Plalming Commission shall forward
a recommendation on the application to the City Council, and it shall recommend
approval of the application as submitted, approval of tIle 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 SUPP0l1 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 [or 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 proiect. Site and building plans shall be valid only for the proiect for
which approval is granted. Constmction 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 permit, variance, Comprehensive Plan
amendment, preliminary/final plat and/or for a zoning map amendment to this ordinance
shall be considered by the Plmming Commission concurrently with the site plan review
application.
Subd. 12. Conditions. The Planning Commission and City Council may impose
conditions in granting approval to the site and building plans to promote the intent of this
section or to protect adjacent properties,
Subd. 13. Preliminary concept plan. The applicant may request a preliminary meetin~
. with the Commission in connection with a site plan review application to explore the
concept ideas and all other peliinent general infomlation. The request shall be
accompanied with at least the infonnation as required by the Planning department.
Subd. 14. The Planning Commission may recommend and the City Council may impose
such 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 development agreement with a supporting financial
guarantee that the subiect propcrty 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 developer. Any costs
incurred in preparing the development agreement are the responsibility o[the applicant.
Subd. 16. Amendments. Holders of an approved 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 lllay be granted by the Planning Department. No
si gnificant changes in the circumstances or scope of the site plan shall be undertaken
without approval of those amendments by the City. The Planning depmiment shall
deteml1ne 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 heights for
bui Idings and structures, landscape plan, traffic or other circumstances not foreseen at the
. time the final plan was approved. The Plmming Commission may recommend, followinl!:
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 Criteria. The Planning Commission and City COLlncil 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:
525.13 Subd. 18. Standards. In evaluating a conditional use pe11l1it site plan review
application and the granting of a site plan review approval, the Plmming 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 hamlonious 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 hamlonious design for stmctures and site features,
with special attention to the following:
1) an intemal sense of order for the buildings and uses of the site and
provision of a desirable enviromllent for occupants, visitors and the
general community;
2) the amount and location of open space and lmldscaping;
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 tenns 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;
() 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 pemlitted, nor tend to or actually dimlnish
. 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
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 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 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:
TelTY Obennaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attomey Signature Date
.