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City Code
850.04 Administration and Procedures for Variances and Appeals,
Rezoning, Site Plan Review, and Conditional Use Permits.
Subd. 1 Pursuant to Minnesota Statutes 15.99, applications shall
be approved or denied within sixty (60) days from the date of its official
and complete submission unless extended by the City pursuant to statute or a
time waiver is granted by the applicant.
Subd. 2 Variances and
Appeals.
A. Zoning Board of Appeals. There is continued a separate
Zoning Board of Appeals of the City. The Zoning Board of Appeals is the
board of appeals and adjustments created pursuant to M.S. 462.354, Subd. 2.
All members of the Commission, from time to time, shall be members, and the
other members shall be six residents of the City appointed for a term of
three years by the Mayor with the consent of a majority of the members of
the Council. For hearings, the Board shall consist, at a maximum, of any
five members, but three members shall constitute a quorum for conducting
such hearings and making decisions. However, at least one Commission member
shall be in attendance at each Board meeting, and shall be deemed to be the
representative of the Commission for purposes of review and report by the
Commission as required by M.S. 462.354, Subd. 2. The Board shall make no
decision until the Commission, or a representative of it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the Board
concerning the decision. All members shall serve without compensation.
Members may resign voluntarily or be removed by a majority vote of the
Council or pursuant to Section 180 of this Code. That Commission member in
attendance at a meeting who has the then longest continuous service on the
Commission shall be the Chair for that meeting. The Board shall adopt such
bylaws as shall be necessary or desirable for conduct of its business. Staff
services shall be provided by the Planning Department. Board members who
discontinue legal residency in the City shall be automatically removed from
office effective as of the date of such discontinuance. Vacancies shall be
filed pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the
power and duty of hearing and deciding, subject to appeal to the Council,
the following matters:
1. Requests for variances from the literal provisions of
this Section;
2. Appeals in which it is alleged that there is an
error in any order, requirement, decision or determination made by an
administrative officer in the interpretation or enforcement of this Section;
3. Requests for variances from the literal provisions of Section 1046 of
this Code;
4. Requests for modifications from the requirements of
Section 815 of this Code; and
5. If a variance request is part of
another land use application, including but not limited to a conditional use
permit, rezoning, and preliminary or final site plan, the decision by the
Zoning Board of Appeals is automatically appealed to the City Council. The
City Council would then take official action on the applications including
the variance. If a variance request is made along with a certificate of
appropriateness for the Heritage Preservation Board, the Zoning Board of
Appeals decision is not automatically appealed. Final decision of the Board
of Appeals would stand unless appealed by the applicant or another impacted
individual.
C. Petitions for Variances. The owner or owners of land to
which the variance relates may file a petition for a variance with the
Planning Department. The petition shall be made on forms provided by the
Planning Department and shall be accompanied by the fee set forth in Section
185 of this Code. The petition shall be accompanied by plans and drawings to
scale which clearly illustrate, to the satisfaction of the Planner, the
improvements to be made if the variance is granted. The Planner may require
the petitioner to submit a certificate by a registered professional land
surveyor verifying the location of all buildings, setbacks and building
coverage, and certifying other facts that in the opinion of the Planner are
necessary for evaluation of the petition.
D. Appeals of
Administrative Decisions. A person who deems himself or herself aggrieved by
an alleged error in any order, requirement, decision or determination made
by an administrative officer in the interpretation and enforcement of this
Section, may appeal to the Board by filing a written appeal with the
Planning Department within thirty (30) days after the date of such order,
requirement, decision or determination. The appeal shall fully state the
order to be appealed and the relevant facts of the matter.
E. Hearing
and Decision by the Board; Notice.
1. Notice of variance hearings shall be mailed not less
than ten (10) days before the date of the hearing to the person who filed
the petition for variance and to each owner of property situated wholly or
partially within two hundred (200) feet of the property to which the
variance relates insofar as the names and addresses of such owners can be
reasonably determined by the Clerk from records maintained by the Assessor.
2. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten (10) days
before the hearing. A notice shall also be mailed to the appellant.
3. No new notice need be given for any hearing which is continued by the
Board to a specified future date.
F. Findings for Variances. The Board shall not grant a
petition for a variance unless it finds that the strict enforcement of this
Section would cause undue hardship because of circumstances unique to the
petitioner's property and that the grant of said variance is in keeping with
the spirit and intent of this Section. "Undue hardship" means that (i) the
property in question cannot be put to a reasonable use as allowed by this
Section; (ii) the plight of the petitioner is due to circumstances unique to
the petitioner's property which were not created by the petitioner; and
(iii) the variance, if granted, will not alter the essential character of
the property or its surroundings. Economic considerations alone shall not
constitute an undue hardship if reasonable use for the petitioner's property
exists under the terms of this Section. A favorable vote by the Board shall
be deemed to include a favorable finding on each of the foregoing matters
even if not specifically set out in the approval resolution or the minutes
of the Board meeting.
G. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the
Board:
a. any petitioner for a variance;
b. any owner to whom
notice of the variance hearing is required to be mailed pursuant to this
Section;
c. the appellant in the case of an appeal of an administrative
decision;
d. any person who deems to be aggrieved by the Board's decision
on the appeal of an administrative decision; and
e. any administrative
officer of the City;
2. An appeal from a decision of the Board shall
be filed with the Clerk no later than ten (10) days after the decision by
the Board. If not so filed, the right of appeal shall be deemed waived, and
the decision of the Board shall be final.
H. Hearing and Decision by Council. The Council shall hear
and decide all appeals from the decisions of the Board, and variances
associated with other land use applications. An appeal shall be heard not
later than sixty (60) days after the date the appeal is filed. The Council
shall follow the same procedures as to notices, hearings, findings for
variances and decisions that the Board is required to follow relative to the
subject matter of the appeal pursuant to this Section. A favorable vote by
the Council shall be deemed to include a favorable finding on each of the
required findings even if not specifically set out in the approval
resolution or the minutes of the Council meeting.
I. Conditions on Variance Approvals. In granting a
variance, the Board, or the Council on appeal, may impose conditions to
ensure compliance with the purpose and intent of this Code and to protect
adjacent properties.
J. Form of Action Taken and Record. The Board, or the
Council on appeal, shall maintain a record of its proceedings which shall
include the minutes of its meetings and final order concerning the variance
petition or appeal of administrative decision. If a variance is granted, the
petitioner, at the petitioner's expense, shall duly record the final order
in the proper office to give constructive notice. A verified copy of such
order, with the recording data, shall be delivered to the Planner. The
Board, or the Council on appeal, may require such order to be recorded and
such verified copy to be delivered to the Planner before the variance shall
be effective.
K. Lapse of Variance by Non-User; Extension of Time.
1. If, within one (1) year after the date of the meeting
of the Board, or the Council on appeal, at which the variance was granted,
the owner or occupant of the affected land shall not have obtained a
building permit, if one is required, and commenced the work or improvement
described in such petition, the variance shall become null and void unless a
petition for extension of time in which to commence the proposed work or
improvement has been granted.
2. A petition for extension shall be in
writing and filed with the Clerk within such one (1) year period. The
petition for extension shall state facts showing a good faith attempt to use
the variance and shall state the additional time requested to begin the
proposed work or improvement. The petition shall be presented to the Board
for hearing, findings and decision in the same manner as then required by
this Section 850 for an original petition for variance. The Board may grant
an extension of the variance for up to one (1) year upon finding that a good
faith attempt to use the variance has been made, that there is a reasonable
expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and
circumstances under which the original variance was granted are not
materially changed.
L. Denial. No application for a variance which has been
denied in whole or in part shall be resubmitted within twelve (12) months of
the date of the order of denial, except that a new application may be
permitted to the same denying board, if new evidence or a change of
circumstances warrant it.
Subd. 3 Site Plan Review.
A. Purpose. The purpose of this Section is to establish a
formal site plan review procedure and provide regulations pertaining to
ensure compliance with the site design standards imposed by Sections 460 and
850 of the City Code.
B. Approval Required. Without first obtaining site plan
approval it shall be unlawful to do any of the following:
1. Construct a new building or add on to an existing
building that would result in an increase in gross floor area of all
buildings on the lot by more than ten percent (10%);
2. Move a
building to any lot within the City;
3. Expand or change the use of a
building or parcel of land or modify a building, accessory structure or 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 permit or an approved plan; and
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.
C. Exceptions. Except in those cases specifically cited
within this Title, the following shall be exempt from the foregoing
requirements of this Chapter:
1. Construction or alteration of a single-family or
two-family residential building or accessory building;
2. Enlargement
of a building by less than ten percent (10%) of its gross floor area,
provided that there is no variance involved and also provided that the
Planner has conducted an administrative review pursuant to Section 850 of
this Ordinance; and
3. 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 required
performance standards as specified in Section 850 of this Ordinance.
D. Neighborhood Meeting. Applicants are encouraged to hold
a neighborhood meeting with nearby residents and landowners prior to filing
of a formal site plan application.
E. Sketch Plan:
1. Prior to the formulation of a Site Plan, applicants are
encouraged to present a sketch plan to the Planner prior to filing of a
formal application. The plan shall be conceptual but shall be drawn to scale
with topography of a contour interval not greater than two (2) feet and may
include the following:
a. the proposed site with reference to existing
development, topography, and drainage conditions on adjacent properties, at
least to within two hundred (200) feet;
b. natural features;
c. general location of existing and proposed structures
including signs;
d. tentative access, circulation and street arrangements,
both public and private;
e. amenities to be provided such as recreational areas,
open space, walkways, landscaping, etc;
f. general location of parking areas;
g. proposed public sanitary sewer, water and storm
drainage;
h. a statement showing the proposed density of the project
with the method of calculating said density also shown; and
i. additional information that demonstrates the nature,
intent, or benefit of the proposed development.
2. The Planner shall refer the sketch plan to the
Planning Commission and City Council for discussion, review, and informal
comment. Any opinions or comments provided to the applicant by the Planner,
Planning Commission, and City Council shall be considered advisory only and
shall not constitute a binding decision on the request. There shall be no
official application made for a sketch plan. It is an informal review and
comment by Planning Commission and City Council.
F. Procedure.
1. Filing of Request. Request for site plan approval, as
provided within this Title, shall be filed with the Planner on an official
application form. Such application shall be accompanied by a fee as
established by City Council resolution. Such application shall also be
accompanied by detailed written and graphic materials, the number and size
as prescribed by the Planner, fully explaining the proposed change,
development, or use. The request shall be considered as being officially
submitted and complete when the applicant has complied with all specified
information requirements. In cases where an application is judged to be
incomplete, the Planner shall notify the applicant, in writing, within
fifteen (15) days of the date of submission.
2. Proof of Ownership or
Authorization. The applicant shall supply proof of title and the legal
description of the property for which the site plan approval is requested,
consisting of an abstract of title and as applicable supply documented
authorization from the owner(s) of the property in question to proceed with
the requested site plan application.
3. Technical Reports. The
Planner shall instruct the appropriate staff persons to prepare technical
reports where appropriate, and provide general assistance in conducting an
evaluation of the request.
4. Additional Information. City staff
shall have the authority to request additional information from the
applicant concerning operational factors or to retain expert assistance with
the consent and at the expense of the applicant concerning operational
factors. Said information is to be declared necessary to evaluate the
request and to establish performance conditions in relation to all pertinent
sections of this Title. Failure on the part of the applicant to supply all
necessary supportive information may be grounds for denial of the request.
5. Meeting with the Planner and Staff. The applicant or a representative
thereof shall meet with the Planner and City staff in order to present
information and answer questions concerning the proposed requests.
6.
Commission Review and Hearing. The Commission shall conduct a public hearing
regarding the site plan. A notice of the date, time, place and purpose of
the hearing shall be published in the official newspaper of the City at
least ten (10) days prior to the date of the hearing. A similar notice of
hearing shall be mailed at least ten (10) days before the date of the
hearing to each owner of property situated wholly or partly within one
thousand (1,000) feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After reviewing the report of the Planner and hearing the oral or
written views of all interested persons, the Commission shall make its
decision at the same meeting or at a specified future date and send its
recommendation to the Council. No new notice need be given for hearings that
are continued by the Commission to a specified future date. The Commission
shall recommend approval by the Council upon finding that the proposed
development meets the standards of Section 850 of City Code.
7.
Council Hearing and Decision. The Council shall conduct a public hearing on
the site plan in the same manner as the Commission above.
G. Standards. In evaluating a site plan, the Planning
Commission and City Council shall consider its compliance with the
following:
1. Consistency with the elements and objectives of the
City's development guides, including the Comprehensive Plan and Water
Resources Management Plan; and
2. Consistency with this Ordinance.
H. Information Required. The information required for all
site plan applications consist of the following items, and shall be
submitted unless waived by the Planner.
1. Site boundaries, buildings, structures and other
improvements shall be identified on-site with a current certificate of
survey, prepared and signed by a Minnesota licensed land surveyor, depicting
the following:
a. scale of plan (engineering scale only, at one inch
equals fifty feet (1" = 50') or less.);
b. north point indication;
c. existing boundaries with lot dimension and area;
d. existing
site improvements;
e. all encroachments;
f. easements of
record;
g. legal description of the property; and
h. ponds,
lakes, springs, rivers or other waterways bordering on or running through
the subject property.
2. A site plan utilizing a copy of the current certificate
of survey as a base for the site in question, depicting the following:
a. name and address of developer/owner;
b. name and
address of architect/designer;
c. date of plan preparation;
d.
dates and description of all revisions;
e. name of project or
development; and
f. all proposed improvements, including:
i. required and proposed setbacks;
ii. location,
setback and dimensions of all proposed buildings and structures;
iii.
location of all adjacent buildings located within one hundred (100) feet of
the exterior boundaries of the property in question;
iv. location,
number, dimensions, and setbacks of proposed parking spaces and drive
aisles;
v. location, number, and dimensions of proposed loading
spaces;
vi. location, width, and setbacks of all curb cuts and
driveways;
vii. vehicular circulation;
viii. sidewalks,
walkways, trails;
ix. location and type of all proposed lighting,
including details of all proposed fixtures;
x. location of recreation
and service areas;
xi. location of rooftop equipment and proposed
screening;
xii. provisions for storage and disposal of waste,
garbage, and recyclables, including details for screening exterior
trash/recycling enclosures; and
xiii. location, sizing, and type of
water and sewer system mains and proposed service connections.
3. Grading/stormwater drainage plan, utilizing a copy of
the current certificate of survey as a base for the site in question,
prepared and signed by a Minnesota licensed engineer, depicting the
following:
a. existing contours at two (2) foot intervals (may be
prepared by a Minnesota licensed surveyor);
b. proposed grade
elevations at two (2) foot maximum intervals;
c. drainage plan,
including the configuration of drainage areas and calculations;
d.
storm sewer, catch basins, invert elevations, type of castings, and type of
materials;
e. spot elevations (may be prepared by a Minnesota
licensed surveyor);
f. proposed driveway grades;
g. surface
water ponding and treatment areas; and
h. erosion control measures.
4. Landscaping plan in accordance with Section 850.10.
Landscape plan must use a copy of the current certificate of survey as a
base for the site in question, depicting the following:
a. planting schedule (table) containing:
i. symbols;
ii. quantities;
iii. common
names;
iv. botanical names;
v. sizes of plant material;
vi. root specification (bare root, balled and burlapped, potted,etc.);
and
vii. special planting instructions.
b. location, type and size of all existing significant
trees to be removed or preserved;
c. planting detail (show all
species to scale at normal mature crown diameter or spread for local
hardiness zone);
d. typical sections with details of fences, tie
walls, planter boxes, tot lots, picnic areas, berms and the like;
e.
typical sections with details of landscape islands, planter beds, and
foundation plantings with identification of materials used;
f. note
indicating how disturbed soil areas will be restored through the use of
sodding, seeding, or other techniques;
g. delineation of both sodded
and seeded areas with respective areas in square feet;
h. coverage
plan for underground irrigation system, if any;
i. where landscape or
manmade materials are used to provide screening from adjacent and
neighboring properties, a cross-through section shall be provided showing
the perspective of the site from the neighboring property at the property
line elevation; and
j. other existing or proposed conditions which
could be expected to affect landscaping.
5. Other plans and information as required by the Planner
including, but not limited to:
a. architectural elevations of all principal and accessory
buildings (type, color, and materials used in all external surfaces);
b. "typical" floor plan and "typical" room plan drawn to scale with a
summary of square footage for each use or activity;
c. fire
protection plan;
d. type, location and size (area and height) of all
signs to be erected upon the property in question;
e. vicinity map
showing the subject property in reference to nearby highways or major street
intersections; and
f. lighting plan.
I. Plan Modifications. Minor changes may be authorized by
the Planner. Proposed changes to the approved site plan affecting structural
types, building coverage, mass, intensity or height, allocation of open
space and all other changes which affect the overall design of the property
shall be acted on, reviewed and processed by the Commission and Council in
the same manner as they reviewed and processed the site plan.
J. Existing Approved Final Development Plan. All existing
approved Final Development Plans as of 12-21-2010 are now deemed to be
approved site plans.
K. Lapse of Approved Site Plan by Non-User; Extension of
Time.
1. If a building permit has not been obtained, and if
erection or alteration of a building, as described in the application for
site plan, has not begun within two (2) years after site plan approval, the
approval shall be null and void unless a petition for extension of time in
which to commence the proposed work or improvements has been granted.
2. A petition for extension shall be made in writing and filed with the
City Clerk within such two (2) year period. The petition shall state reasons
showing why a building permit has not been obtained, or why erection or
alterations have not commenced, and shall state the additional time
requested to begin the proposed work or improvement. The petition shall be
presented to the Council for hearing and decision in the same manner as then
required for an original application. The Council may grant an extension of
up to one (1) year upon finding that:
a. there is a reasonable expectation that the proposed
work or improvement will commence during the extension; and
b. the
facts which were the basis for approving the final development plan have not
materially changed. No more than one (1) extension shall be granted.
Subd. 4 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner
of land proposed for rezoning, the Council or the Commission.
2. A
petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and
such other information that the Planner believes necessary for evaluation of
the petition. The petition shall be accompanied by the fee set forth in
Section 185 of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause
to be erected, at least one (1) sign per street frontage on the land
described in the petition. The sign or signs shall be of a design approved
by the Planner, shall be thirty-six (36) inches by sixty (60) inches in
size, shall have letters at least four (4) inches high using Helvetica
medium typeface or other letter style approved by the Planner, shall be
constructed of sturdy material, shall be neatly lettered, and shall be
easily viewable from, and readable by persons on, the adjoining street. The
sign or signs shall contain the following information:
"This property
proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone
Number of Petitioner or Applicant)
For information contact Edina Planning
Department:
Telephone No. 952-927-8861"
The sign shall be kept in good repair and shall be
maintained in place until a final decision on the petition has been made by
the Council, and shall be removed by the petitioner within five (5) days
after the final decision. The failure of any petitioner to comply fully with
the provisions of this paragraph relating to the sign shall not prevent the
Commission and Council from acting on the petition nor invalidate any
rezoning granted by the Council. If the signs are not kept in good repair or
removed as required, then the signs shall be deemed a nuisance and may be
abated by the City by proceedings under M.S. 429, or any other then
applicable provisions of this Code or State Law, and the cost of abatement,
including administrative expenses and attorneys' fees, may be levied as a
special assessment against the property upon which the sign is located.
C. Procedure for Rezoning
1. Preliminary Rezoning and Site Plan. The petition for
rezoning shall include a preliminary site plan with the required data and
information in Section 850.04 Subd. 3. above.
2. Commission Review
and Hearing. Upon receipt of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner
will review the petition, preliminary site plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall conduct a public hearing regarding the petition and
preliminary site plan. A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the City at least
ten (10) days prior to the date of the hearing. A similar notice of hearing
shall be mailed at least ten (10) days before the date of the hearing to
each owner of property situated wholly or partly within one thousand (1,000)
feet of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor or from other appropriate records. After
reviewing the report of the Planner and hearing the oral or written views of
all interested persons, the Commission shall make its decision at the same
meeting or at a specified future date and send its recommendation to the
Council. No new notice need be given for hearings that are continued by the
Commission to a specified future date.
3. Council Hearings and
Decision; Preliminary Zoning Approval. Upon request of the Planner, Manager
or petitioner, and after review and recommendation by the Commission, the
Council shall conduct a public hearing regarding the petition and
preliminary site plan. A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the City at least
ten days prior to the date of the hearing. A similar notice of hearing shall
be mailed at least ten (10) days before the date of the hearing to each
owner of property situated wholly or partly within one thousand (1,000) feet
of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor or from other appropriate records. After
hearing the oral or written views of all interested persons, the Council
shall make its decision at the same meeting or at a specified future date.
No new notice need be given for hearings that are continued by the Council
to a specified future date. An affirmative vote of three-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of
four-fifths of all members of the Council. If preliminary rezoning approval
is granted, the petitioner may prepare a final site plan. In granting
preliminary rezoning approval, the Council may make modifications to the
preliminary site plan and may impose conditions on its approval. The
petitioner shall include the modifications, and comply with the conditions,
in the final site plan, or at another time and by other documents, as the
Council may require or as shall be appropriate.
4. Final Site Plan.
The final site plan shall include all required information and data
delineated on the preliminary site plan and, in addition, the required data
and information in Section 850.04 Subd. 3. above.
5. Final Rezoning
and Site Plan; Commission Review and Hearing. The Planner shall forward a
report to the Commission. The Commission shall conduct a public hearing
regarding the final rezoning and site plan. A notice of the date, time,
place and purpose of the hearing shall be published in the official
newspaper of the City at least ten (10) days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten (10) days
before the date of the hearing to each owner of property situated wholly or
partly within one thousand (1,000) feet of the tract to which the petition
relates insofar as the names and addresses of such owners can reasonably be
determined by the Clerk from records maintained by the Assessor or from
other appropriate records. After reviewing the report of the Planner and
hearing the oral or written views of all interested persons, the Commission
shall make its decision at the same meeting or at a specified future date
and send its recommendation to the Council. No new notice need be given for
hearings that are continued by the Commission to a specified future date.
The Commission may recommend approval by the Council based upon but not
limited to the following factors:
a. is consistent with the Comprehensive Plan;
b. is
consistent with the preliminary site plan as approved and modified by the
Council and contains the Council imposed conditions to the extent the
conditions can be complied with by the final site plan;
c. will not
be detrimental to properties surrounding the tract;
d. will not
result in an overly intensive land use;
e. will not result in undue
traffic congestion or traffic hazards;
f. conforms to the provisions
of this Section and other applicable provisions of this Code; and
g.
provides a proper relationship between the proposed improvements, existing
structures, open space and natural features.
A recommendation of
approval by the Commission shall be deemed to include a favorable finding on
each of the foregoing matters even if not specifically set out in the
approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. The
Council shall conduct a public hearing on the final rezoning and site plan
in the same manner and with the same notices as required for preliminary
rezoning approval. After hearing the oral and written views of all
interested persons, the Council may accept or reject the findings of the
Commission and thereby approve or disapprove the final rezoning and site
plan. An affirmative vote of three-fifths of all members of the Council
shall be required to grant final rezoning approval. Provided, however, a
rezoning from any residential zoning district to any nonresidential zoning
district shall require an affirmative vote of four-fifths of all members of
the Council.
7. Filing. The approved final site plan shall be filed
in the Planning Department.
8. Development. The development of the
tract shall be done and accomplished in full compliance with the approved
final site plan, as modified by, and with the conditions made by, the
Council, and in full compliance with this Section and other applicable
provisions of this Code. Applications for building permits shall be reviewed
by the Planning Department prior to issuance of such permits to determine if
they conform to the provisions of this Section, the approved final site
plan, as modified by, and with the conditions made by, the Council, and
other applicable provisions of this Code.
9. Changes to Approved
Final Site Plan. Minor changes in the location and placement of buildings or
other improvements may be authorized by the Planner. Proposed changes to the
approved final site plan affecting structural types, building coverage,
mass, intensity or height, allocation of open space and all other changes
which affect the overall design of the property shall be acted on, reviewed
and processed by the Commission and Council in the same manner as they
reviewed and processed the final site plan, except that a three-fifths
favorable vote of the Council shall be required to authorize the proposed
change.
10. Lapse of Approved Final Site Plan by Non-User; Extension
of Time.
a. If a building permit has not been obtained, and if
erection or alteration of a building, as described in the application for
final site plan, has not begun within two (2) years after final development
plan approval, the approval shall be null and void unless a petition for
extension of time in which to commence the proposed work or improvements has
been granted.
b. A petition for extension shall be made in writing
and filed with the City Clerk within such two (2) year period. The petition
shall state reasons showing why a building permit has not been obtained, or
why erection or alterations have not commenced, and shall state the
additional time requested to begin the proposed work or improvement. The
petition shall be presented to the Council for hearing and decision in the
same manner as then required for an original application. The Council may
grant an extension of up to one (1) year upon finding that:
i. there is a reasonable expectation that the proposed
work or improvement will commence during the extension; and
ii. the
facts which were the basis for approving the final development plan have not
materially changed. No more than one (1) extension shall be granted.
D. Procedure for Rezoning to a Planned Unit Development
(PUD) District.
1. Purpose and Intent. The purpose of the PUD District is
to provide comprehensive procedures and standards intended to allow more
creativity and flexibility in site plan design than would be possible under
a conventional zoning district. The decision to zone property to PUD is a
public policy decision for the City Council to make in its legislative
capacity. The purpose and intent of a PUD is to include most or all of the
following:
a. provide for the establishment of PUD (planned unit
development) zoning districts in appropriate settings and situations to
create or maintain a development pattern that is consistent with the City's
Comprehensive Plan;
b. promote a more creative and efficient approach
to land use within the City, while at the same time protecting and promoting
the health, safety, comfort, aesthetics, economic viability, and general
welfare of the City;
c. provide for variations to the strict
application of the land use regulations in order to improve site design and
operation, while at the same time incorporate design elements that exceed
the City's standards to offset the effect of any variations. Desired design
elements may include: sustainable design, greater utilization of new
technologies in building design, special construction materials,
landscaping, lighting, stormwater management, pedestrian oriented design,
and podium height at a street or transition to residential neighborhoods,
parks or other sensitive uses;
d. ensure high quality of design and
design compatible with surrounding land uses, including both existing and
planned;
e. maintain or improve the efficiency of public
streets and utilities;
f. preserve and enhance site characteristics
including natural features, wetland protection, trees, open space, scenic
views, and screening;
g. allow for mixing of land uses within a
development;
h. encourage a variety of housing types including
affordable housing; and
i. ensure the establishment of appropriate
transitions between differing land uses.
2. Applicability/Criteria
a. Uses. All permitted uses, permitted accessory uses,
conditional uses, and uses allowed by administrative permit contained in the
various zoning districts defined in Section 850 of this Title shall be
treated as potentially allowable uses within a PUD district, provided they
would be allowable on the site under the Comprehensive Plan. Property
currently zoned R-1, R-2 and PRD-1 shall not be eligible for a PUD.
b. Eligibility Standards. To be eligible for a PUD district, all development
should be in compliance with the following:
i. where the site of a proposed PUD is designated for more
than one (1) land use in the Comprehensive Plan, the City may require that
the PUD include all the land uses so designated or such combination of the
designated uses as the City Council shall deem appropriate to achieve the
purposes of this ordinance and the Comprehensive Plan;
ii. any PUD
which involves a single land use type or housing type may be permitted
provided that it is otherwise consistent with the objectives of this
ordinance and the Comprehensive Plan;
iii. permitted densities may be
specifically stated in the appropriate planned development designation and
shall be in general conformance with the Comprehensive Plan; and
iv.
the setback regulation, building coverage and floor area ratio of the most
closely related conventional zoning district shall be considered
presumptively appropriate, but may be departed from to accomplish the
purpose and intent described in #1 above.
3. Procedures
a. Pre-Application Conference. Prior to filing of an
application for PUD, the applicant must arrange for and attend a conference
with City staff. The primary purpose of the conference shall be to provide
the applicant with an opportunity to gather information and obtain guidance
as to the general suitability of the proposal for the area for which it is
proposed and its conformity to the provisions of this Title before incurring
substantial expense in the preparation of plans, surveys and other data.
b. Pre-Application Sketch Plan Review. Prior to filing of a PUD, the
applicant is encouraged to submit a sketch plan of the project to the City
Planner per Section 850.04 Subd. 3.E. The submittal should include a
statement providing justification for the PUD, including but not limited to
the intended utilization of the items listed in the Purpose and Intent, and
Criteria above.
c. Planning Commission and City Council Review. The
Planner shall refer the sketch plan to the Planning Commission and City
Council for discussion, review, and informal comment. Any opinions or
comments provided to the applicant by the Planner, Planning Commission, and
City Council shall be considered advisory only and shall not constitute a
binding decision on the request. There shall be no official application made
for a sketch plan. It is an informal review and comment by planning
commission and City Council.
d. Preliminary Development Plan and
Preliminary Rezoning. Preliminary development plan submissions may depict
and outline the proposed implementation of the sketch plan for the PUD. The
preliminary development Plan submissions shall include, but not be limited
to, the submission requirements stipulated in Section 850.04. Subd. 3.
Preliminary rezoning process is stipulated in Section 850.04 Subd. 4.C.
e. Final Development Plan and Final Rezoning. After approval of the
preliminary development plan, the applicant may apply for a final
development plan and final rezoning approval for all or a portion of the
PUD. The final development plan submissions shall include, but not be
limited to, the submission requirements stipulated in Section 850.04 Subd.
3. Final rezoning process is stipulated in Section 850.04. Subd. 4.C.
Final rezoning to PUD becomes official upon adoption of an ordinance
rezoning the property.
E. Restriction on Rezoning After Denial of Petition. After
the Council has denied a petition for rezoning, the owner of the tract to
which the petition related may not file a new petition for a period of one
year following the date of such denial for transferring the same tract, or
any part, to the same district or subdistrict (if the district has been
divided into subdistricts) to which such transfer was previously denied.
Provided, however, that such petition may be filed if so directed by the
Council on a three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or
circumstances affecting the tract.
F. Text Amendments. Amendments to the Zoning Ordinance
other than Rezoning.\
1. A petition for a text amendment may be initiated by the
owner of affected land, the Council or the Commission. A petition by an
owner shall be on forms provided by the Planner and such other information
that the Planner believes necessary for evaluation of the petition. The
petition shall be accompanied by the fee set forth in Section 185 of this
Code.
2. Commission Review and Hearing. Upon receipt of the petition,
fee and all other required information, in form and substance acceptable to
the Planner, the Planner will review the petition, and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall conduct a public hearing regarding the petition. A notice
of the date, time, place and purpose of the hearing shall be published in
the official newspaper of the City at least ten (10) days prior to the date
of the hearing. After reviewing the report of the Planner and hearing the
oral or written views of all interested persons, the Commission shall make
its decision at the same meeting or at a specified future date and send its
recommendation to the Council. No new notice need be given for hearings that
are continued by the Commission to a specified future date.
3.
Council Hearings and Decision. After review and recommendation by the
Commission, the Council shall conduct a public hearing regarding the
proposed text amendment. A notice of the date, time, place and purpose of
the hearing shall be published in the official newspaper of the City at
least ten (10) days prior to the date of the hearing. After hearing the oral
or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future date. No new notice
need be given for hearings that are continued by the Council to a specified
future date. An affirmative vote of three-fifths of all members of the
Council shall be required to approve a text amendment.
Subd. 5 Conditional Use Permits.
A. Initiation of Conditional Use Permit. An application
for a conditional use permit may be initiated by the owner or owners of the
lot or building in question.
1. The application shall be on forms provided by the
Planner and shall be submitted with required plans, data and information,
and such other information as, in the opinion of the Planner, is necessary
for evaluation of the application. The application shall be accompanied by
the fee set forth in Section 185 of this Code.
B. Sign. All provisions and requirements in this
Subsection relating to erection of a sign in connection with a rezoning of
property shall apply to the applicant for a conditional use permit, and the
applicant shall comply with all such provisions and requirements, except
that the sign shall state that a conditional use permit is proposed for the
property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a
principal or accessory use that requires the construction of a new building
or accessory use facilities, or additions or enlargements to an existing
building or accessory use facilities, the application shall be drawn to a
scale acceptable to the Planner, and be accompanied by plans containing the
following data and information:
a. elevation drawings of all new buildings or accessory
use facilities, or additions and enlargements to existing buildings or
accessory use facilities, including a description of existing and proposed
exterior building materials;
b. the location, dimensions and other
pertinent information as to all proposed and existing buildings, structures
and other improvements, streets, alleys, driveways, parking areas, loading
areas and sidewalks;
c. a landscape plan and schedule in accordance
with Subsection 850.10;
d. a floor plan showing the location,
arrangement and floor area of existing and proposed uses; and
e. any
other information required, in the opinion of the Planner, to evaluate the
application, to determine consistency with the Comprehensive Plan, and to
ensure compliance with the requirements contained in this Section and other
applicable provisions of this Code.
2. If the conditional use permit is requested to allow a
principal or accessory use that does not require construction of a new
building or accessory use facilities, or additions or enlargements to an
existing building or accessory use facilities, the application shall be
accompanied by plans showing:
a. the location, arrangement and floor area of existing
and proposed uses;
b. the location, dimensions and other pertinent
information as to all buildings, structures, streets, alleys, driveways,
parking areas, loading areas, sidewalks and landscaping; and
c. any
other information required, in the opinion of the Planner, to evaluate the
application, determine consistency, with the Comprehensive Plan, and ensure
compliance with the requirements contained in this Section and other
applicable provisions of this Code.
D. Commission Review and Hearing. The Commission shall
conduct a public hearing regarding the application. A notice of the date,
time, place and purpose of the hearing shall be published in the official
newspaper of the City at least ten (10) days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten (10) days
before the date of the hearing to each owner of property situated wholly or
partly within one thousand (1,000) feet of the tract to which the petition
relates insofar as the names and addresses of such owners can reasonably be
determined by the Clerk from records maintained by the Assessor or from
other appropriate records. After reviewing the report of the Planner and
hearing the oral or written views of all interested persons, the Commission
shall make its decision at the same meeting or at a specified future date
and send its recommendation to the Council. No new notice need be given for
hearings that are continued by the Commission to a specified future date.
E. City Council Hearing and Decision. Upon request of the
Planner, Manager or applicant, and after review and recommendation by the
Commission, the Council shall conduct a public hearing regarding the
application. A notice of the date, time, place and purpose of the hearing
shall be published in the official newspaper of the City at least ten (10)
days prior to the date of the hearing. A similar notice of hearing shall be
mailed at least ten (10) days before the date of the hearing to each owner
of property situated wholly or partly within one thousand (1,000) feet of
the tract to which the application relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor. After hearing the oral and written views
of all interested persons, the Council shall make its decision at the same
meeting or at a specified future date. No new notice need be given for
hearings that are continued to a specified future date. The Council shall
not grant a conditional use permit unless it finds that the establishment,
maintenance and operation of the use:
1. Does not have an undue adverse impact on governmental
facilities, utilities, services or existing or proposed improvements;
2. Will generate traffic within the capacity of the streets serving the
property;
3. Does not have an undue adverse impact on the public
health, safety or welfare;
4. Will not impede the normal and orderly
development and improvement of other property in the vicinity;
5.
Conforms to the applicable restrictions and special conditions of the
district in which it is located as imposed by this Section; and
6. Is consistent with the Comprehensive Plan.
Approval
of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to
include a favorable finding on each of the foregoing matters even if not
specifically set out in the approval resolution or the minutes of the
Council meeting.
F. Conditions and Restrictions. The Commission may
recommend that the Council impose, and the Council with or without such
recommendation may impose, conditions and restrictions upon the
establishment, location, construction, maintenance, operation or duration of
the use as deemed necessary for the protection of the public interest and
adjacent properties, to ensure compliance with the requirements of this
Section and other applicable provisions of this Code, and to ensure
consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with
any conditions imposed. No use shall be established or maintained, and no
building or other permit for establishing or maintaining such use shall be
granted, until the applicant has met and fulfilled all conditions imposed by
the Council to the satisfaction of the Planner.
G. Expansions of Conditional Uses. No use allowed by
conditional use permit, or any building or structure accessory thereto,
shall be increased in gross floor area or height, nor shall any off-street
parking facilities accessory to the building or structure be enlarged in
surface area to accommodate additional automobiles, without first obtaining,
in each instance, a conditional use permit.
H. Restriction on Resubmission After Denial. No
application for a conditional use permit which has been denied by the
Council shall be resubmitted for a period of one year following the date of
the denial by the Council. Provided, however, that the application may be
resubmitted if so directed by the Council on a three-fifths favorable vote
of all members of the Council after presentation to the Council of evidence
of a change of facts or circumstances affecting the proposed use or tract on
which it is to be located.
I. Lapse of Conditional Use Permit by Non-User, Extension
of Time.
1. If no use allowed by the conditional use permit has
begun within two (2) years from the granting of the conditional use permit,
the conditional use permit shall become null and void unless a petition for
extension of time has been granted.
2. A petition for extension shall
be in writing and filed with the Clerk within two (2) years from the
granting of the conditional use permit. The petition for extension shall
state facts showing a good faith attempt to use the conditional use permit
and shall state the additional time requested to begin the use. The petition
shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant
an extension of the conditional use permit for up to one (1) year upon
finding that:
a. a good faith attempt to use the conditional use permit
has been made;
b. there is a reasonable expectation that the
conditional use permit will be used during the extension; and
c. the
facts which were the basis for the findings under which the original
conditional use permit was granted have not materially changed. No more than
one (1) extension shall be granted. For purposes of this paragraph, a use
shall be deemed begun when all work described in the original application,
or information provided, has been completed and has received final City
approvals and the use is operating for the purposes described in the
original application.
J. Filing of Conditional Use Permit. If a conditional use
permit is granted, the applicant, at the applicant's expense, shall duly
file or record the permit in the proper office to give constructive notice
of it. A verified copy of the permit, with the recording data on it, shall
be delivered to the Planner. The Council may require that the permit be so
recorded or filed, and the verified copy delivered to the Planner, before
the permit shall become effective.
Subd. 6 Fees and Charges.
A. Petitions and Applications. Each petition or
application filed with or submitted to the City pursuant to this Section
shall not be deemed filed or submitted, and the City shall have no duty to
process it, to act on it or respond to it, unless and until there is paid to
the City the applicable fee for such petition or application, as then
required by Section 185 of this Code. This paragraph shall not apply to
petitions or applications filed or submitted by the Council, the Commission
or any City official in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each
petitioner and applicant, by filing or submitting a petition or application,
shall have agreed to pay all administrative expenses and attorneys' fees,
with interest and costs as provided, incurred by the City in connection with
or as a result of reviewing and acting on such petition or application. If
more than one (1) person signs a petition or application, all such signers
shall be jointly and severally liable for such expenses and fees, with
interest and costs as provided. The expenses and fees to be paid to the City
pursuant to this paragraph shall be payable upon demand made by the City,
and if not paid within five (5) days after such demand, shall bear interest
from the date of demand until paid at a rate equal to the lesser of the
highest interest rate allowed by law or two (2) percentage points in excess
of the reference rate. The petitioners and applicants shall also pay all
costs, including attorneys' fees, incurred by the City in collecting the
expenses, fees and interest, with interest on the costs of collection from
the dates incurred until paid, at the same interest rate as is payable on
the expenses and fees. For purposes of this paragraph, reference rate shall
mean the rate publicly announced from time to time by First Edina National
Bank, or any successor, as its reference rate, and if the bank, or its
successor, ceases publicly announcing its reference rate, reference rate
shall mean the interest rate charged from time to time by the bank on 90-day
unsecured business loans to its most creditworthy customers.
Subd. 7 Mailed Notice.
Whenever this Section requires or permits mailed notice to
property owners, the failure to give mailed notice, or defects in the
notice, shall not invalidate the proceedings, provided a good faith attempt
to comply with the applicable notice requirements was made. Any appropriate
records may be used by the person responsible for mailing the notice to
determine names and addresses of owners.
Subd. 8 Evidence of Ownership.
If, in connection
with any petition or application, the Planner requests evidence of ownership
of the property to which the petition or application relates, the petitioner
or applicant shall obtain, at the petitioner's or applicant's expense, and
deliver to the Planner, a title opinion from an attorney acceptable to the
Planner, or other evidence of such ownership acceptable to the Planner, in
each case addressed to the City. Also, if so requested by the Planner, the
petitioner or applicant shall obtain a written consent to the petition or
application by all owners of such property as shown by the title opinion or
other evidence of ownership and, if the request is made, the City shall have
no duty to process, or to act on or respond to, such petition or application
until such consents are delivered to the Planner.
Subd. 9 Violation, Penalty, Remedies.
A. Misdemeanor. Any owner or lessee of an entire building
or property in or upon which a violation has been committed or shall exist,
or any owner or lessee of that part of the building or property in or upon
which a violation has been committed or shall exist, shall be guilty of a
misdemeanor and subject to the penalties and remedies provided in Subsection
100.09 of this Code.
B. Violation of Conditions in Conditional Use
Permits. If any person violates any condition or restriction imposed by the
Council in connection with the grant or issuance of a conditional use
permit, the City, in addition to other remedies available to it as provided
in this Subdivision, may revoke the permit and all rights attributable to
such permit. Revocation shall be done in the following manner:
1. The Manager or Planner shall notify the owner and
occupant of the property to which such permit exists insofar as the names
and addresses of such owner and occupant can reasonably be determined by the
Clerk from records maintained by the Assessor, of the violation and request
removal within a stated period, but not less than five (5) days.
2.
If the violation is not removed within the stated period, the Manager or
Planner shall submit a report on the matter to the Council and request a
hearing.
3. The Council, upon receipt of the report, shall set a
hearing date, and notice shall be given to the owner and occupant at least
ten (10) days prior to the hearing.
4. After receiving the oral and
written views of all interested persons, the Council shall make its decision
at the same meeting or at a specified future date.
5. If the hearing
is continued to a specified future date, no new notice need be given. If
such permit is revoked by the Council, all use, activity and rights allowed
by and attributable to such permit shall immediately cease.
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