HomeMy WebLinkAbout2010-18 Amending Section 850 ORDINANCE NO. 2010-18
AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING
ADMINISTRATION AND PROCEDURES AND ESTABLISHING A PUD DISTRICT
The City Of Edina Ordains:
Section 1. Subsection 850.04 is amended to read:
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.
ection;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
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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;
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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.
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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:
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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. naturalfeatures;
c. general location of existing and proposed structures including signs;
d. tentative access, circulation and street arrangements, both public and private,-
e.
rivate;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
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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 (V = 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
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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.
isles;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:
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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.
aterials;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.
reserved;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;
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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
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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
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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;
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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
Ord No. 2010-18
Page 13
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
Ord No. 2010-18
Page 14
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.
lan;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
Ord No. 2010-18
Page 15
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.
Ord No. 2010-18
Page 16
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.
ses;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
Ord No. 2010-18
Page 17
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
Ord No. 2010-18
Page 18
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,
Ord No. 2010-18
Page 19
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 (S) 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.
Ord No. 2010-18
Page 20
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.
Section 2. Subsection 850.4is amended to add the following:
01`p
850.06 Districts. For the purposes of this Section,the City shall be divided into the following zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District(PRD and PSR)
Mixed Development District(MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District(APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
Planned Unit Development District (PUD)
Section 3. This ordinance is effective immediately upon its passage a publication.
First Reading: November 16, 2010
Second Reading: December 21, 2010
Published: December 30, 2010
Attest:
Debra A. Mangen, ChyOero James B. Hovland, Mayor
PLEASE PUBLISH IN THE EDINA SUN CURRENT,THURSDAY, DECEMBER 30, 2010
SEND TWO AFFIDAVITS OF PUBLICATION
BILL TO EDINA CITY CLERK
City of Edina attach clipping
(Official Publication)
(Jan 6,2011)D1 Ord.#2010-18
newspapers quired by M.S.462.354,Subd.2.The Board;Notice.
Board shall make no decision until the 1. Notice of variance hearings shall
AFFIDAVIT OF PUBLICATION Commission,or a representative of it, be mailed not less than ten(10)days
has had reasonable opportunity,not to before the date of the hearing to the
exceed 60 days,to review and report to person who filed the petition for vari-
STATE OF MINNESOTA ) the Board concerning the decision.All ance and to each owner of property sit-
members shall serve without compen- uated wholly or partially within two hun-
)SS. sation.Members may resin voluntari- dred(200)feet of the property to which
COUNTY OF HENNEPIN ) ly or be removed by a majority vote of the variance relates insofar as the
the Council or pursuant to Section 180 names and addresses of such owners
Richard Hendrickson, being dui of this Code.That Commission mem- can be reasonably determined by the
g Y sworn on ber in attendance at a meeting who has Clerk from records maintained by the
an oath,states or affirms that he is the Chief the then longest continuous service on Assessor.
he ls of
Financial Officer of the newspaper(s)known thatCmeeting. The Boommission shall ard shall ad pt act administrative ve dec siontice of s shalfor pbeepub-
as such bylaws as shall be necessary or lished In the official newspaper of the
Edina Sun-Current desirable for conduct of its business. City not less than ten(10)days before
Staff services shall be provided by the the hearing. A notice shall also be
Planning Department.Board members mailed to the appellant.
who discontinue legal residency In the 3. No new notice need be given for
City shall be automatically removed any hearing which is continued by the
and has full knowledge of the facts stated from office effective as of the date of Board to a specified future date.
below: such discontinuance.Vacancies shall F. Findings for Variances.The Board
be filed ursuant to Subsection 180.03 shall not grant a petition for a variance
(A)The newspaper has complied with all of of this Geode. unless it finds that the strict enforce-
B. Powers and Duties of Board.The ment of this Section would cause
the requirements constituting qualifica- Board shall have the power and duty of undue hardship because of circum-
tion as a qualified newspaper as provid- hearing and deciding, subject to ap- stances unique to the petitioners prop-
peal to the Council,the following mat- arty and that the grant of said variance
ed by Minn. Stat. §331A.02, §331A.07, ters: is In keeping with the spirit and Intent of
and other applicable laws as amended. 1. Requests for variances from the lit- this Section."Undue hardship"means
cannot
(B)The printed public notice that is attached 2. provisions
in which alleged that b eSp(i t to Peaassonablein quse tasnallowed
was published in said newspaper(s) I there is an error in any order,require- by this Section;(ii)the plight of the pe-
once each week,for one successive menk decision or determination made titioner is due to circumstances unique
by an administrative officer in the Inter- to the petitioners property which were
week(s);it was first published on Thurs- pretetion or enforcement of this Sec not created by the petitioner;and(Ili)
day,the 6 day of January tion; the variance, if granted, t not aver
, 3. Requests for variances from the lit- the essential character of ti16 property
2011, and was thereafterrinted and oral provisions of Section 1046 of this or Its surroundings.Economic consid-
p Code; orations alone shall not constitute an
published on every Thursday to and in- 4. Requests for modifications from undue hardship if reasonable use for
eluding Thursday, the day of the Code;andmenteof Section 815 of this the terms o this Section.Alsts under
favorable
2010;and printed 5. If a variance request Is part of an- vote by the Board shall be deemed to
below is a co of the(Ower case alpha- other land use application, Including Include a favorable finding on each of
copy p but not limited to a conditional use per- the foregoing matters even It not
bet from A to Z, both inclusive,which is mit,rezoning,and preliminary or final specifically set out In the approval res-
site plan, the decision by the Zoning olution or the minutes of the Board
y g as g Board of Appeals is automatically ap- meeting.
and kind of type used in the compositionpealed to the city Council. The City 0. Appeals from Decisions of the
on o
and publication the notice: City Of Edina Council would then take official action Board.
p on the applications including the vari- 1. The following individuals may ap-
(Otficial Publication ance. If a variance request is made peal a decision of the Board:
abcdef hi'klmnopgrstuvwxyz ORDINANCE NO.201 TS along with a certificate of appropriate- a. a petitioner for a variance;
AN ORDINANCE AMENDING 7HE "Y
ZONING ORDINANCE Hess for the Heritage Preservation
CONCERNING Board, the Zoning Board of Appeals b. any owner to whom notice of the
ADMINISTRATION AND decision is not automatically appealed. variance hearing is required to be
PROCEDURES AND Final decision of the Board of Appeals mailed pursuant to this Section;
ESTABLISNING A PUD DISTRICT would stand unless appealed by the c. the appellant in the case of an ap-
�� applicant or another impacted Individ- peal of an administrative decision;
BY: ual. d. any person who deems to be ag-
The City 1 Edina Ordains: C. Petitions for Variances.The owner grieved by the Board's decision on the
CFO Section 1. Subsection 850.04 is or owners of land to which the variance appeal of an administrative decision;
amended to read: relates may file a petition for a variance and
850.04 Administration and Proce- with the Planning Department.The pe- any administrative officer of the City
dunes for Variances and Appeals,Re- with
shall be made on forms provided 2. An appeal from a decision of the
zoning,Site Plan Review,and Condi by the Planning Department and shall Board shall be filed with the Clerk no
Subscribed and sworn to Or affirmed tionalSubd Use Permits. be accompanied by the fee set forth in later than ten(10)days after the deci
before me on this 6 da of Subd. s 15.9 , is Minnesota Section 185 of this Code.The petition sion by the Board. If not so filed,the
Y Statutes 15.99, applications shall be shall be accompanied by plans and right of appeal shall be deemed
January 20i 1• approved or denied within sixty (60) drawings to scale which clearly illus- waived,and the decision of the Board
days from the date of Its official and g
trate,to the satisfaction of the Planner, shall be final.
complete submission unless extended
p t by the City pursuant to statute or a time the improvements to be made if the H. Hearing and Decision by
�G7 waiver Is granted by the applicant. variance is granted.The Planner may Council. The Council shall hear and
Subd.2 Variances and Appeals. require the petitioner to submit a car- decide all appeals from the decisions
A. Zoning Board of Appeals.There is tificate by a registered professional of the Board,and variances associated
Notary Public continued a separate Zoning Board of land surveyor verifying the location of with other land use applications.Anap-
Appeals of the City.The Zoning Board all buildings, setbacks and building peal shall be heard not later than sixty
of Appeals is the board of appeals and coverage, and certifying other facts (60)days after the date the appeal is
adjustments created pursuant to M.S. that in the opinion of the Planner are filed.The Council shall follow the same
adjust
adjust4,Subd.2.All members of the necessary for evaluation of the peti- procedures as to notices, hearings,
FDIANIE L E L I A S O N Commission,from time to time, shall tion. find;ngs for variances and decisions
be members,and the other members D. Appeals of Administrative Deck that the Board Is required to follow rel-
be
v r u[ji ir; ,i �ri so1n shall be six residents of the Clty ep sions.A person who deems himself or alive to the subject matter of the appeal
„.r x i> >+;.i s pointed for a term of three years by theherself aggrieved by an alleged ercor in pursuant to this Section. A favorable
Mayor with the consent of a majority of any ordbr,requirement,decision or de- vote by the Council shall be deemed to
�c�N �'✓i termination made by an ftministrative include a favorable finding on each of
the members of the Council.For hear-
thea,the Board shall consist,ata max- officer in the interpretation and en- the required findings even if not specif-
imum,of any five members,but three forcement of this Section,may appeal ically set out in the approval resolution
members shall constitute a quorum for to the Boardbyfiling a written appeal or the minutes of the Council meeting.
conducting such hearings and making with the Planning Department within I. Conditions on Variance Approvals.
decisions.However,at least one Com- thirty(30)days after the date of such In granting a variance,the Board,or
mission member shall be In attendance order,requirement,decision or deter- the Council on appeal, may Impose
at each Board meeting,and shah be mination.The appeal shall fully state conditions to ensure compliance with
deemed to be the representative Itfie the order to be appealed and the role- the purpose and Intent of this. and
Commission for purposes of reV�sw vaht facts of the matter. to protect adjacent prgpart
and report by the Commission as re E. Hearing and Decision by.the J. Form of Action en b.
The Board,or the Council on appeal, parking; binding decision on the request.There the Commission above.
shall maintain a record of its proceed- shall be no official application made for G. Standards. In evaluating a site
ings which shall include the minutes of 4. Grade or take other actions to pre- a sketch plan.It is an informal review plan, the Planning Commission and
its meetings and final order concerning pare a site for development,except in and comment by Planning Commis- City Council shall consider its compli-
the variance petition or appeal of ad- conformance with a permit or an ap- sion and City Council. ance with the following:
ministrative decision:If a variance is proved plan;and 1. Consistency with the elements and
granted,the petitioner,at the petition- F. Procedure. cy
er's expense,shall duly record the final 5. Remove earth, soils, gravel or 1. Filing of Request.Request for site objectives of the City's development
order in the proper office to give con- other natural material from or place the plan approval,as provided within this guides, including the Comprehensive
structive notice.A verified copy of such same on a site,except in conformance Title,shall be filed with the Planner on Pian and Water Resources Manage
order,with the recording data,shall be with a permit or an approved plan. an official application form.Such appli- ment Plan;and
delivered to the Planner.The Board,or cation shall be accompanied by a fee 2. Consistency with this Ordinance.
the Council on appeal, may require C. Exceptions.Except in those cases as established by City Council resolu- H. Information Required. The infor-
such order to be recorded and such specifically cited within this Title,the tion.Such application shall also be ac- mation required for all site plan appli-
verified copy to be delivered to the following shall be exempt from the fore- companied by detailed written and cations consist of the f6 lowing items,
Planner before the variance shall be at- going requirements of this Chapter: graphic materials,the number and size and shall be submitted unless waived
fective. as prescribed by the Planner,fully ex- by the Planner.
1. Construction or alteration of a sin- plaining the proposed change,devel- 1. Site boundaries, buildings, struc-
K. Lapse of Variance by Non- gle-family or two-family residential opment,or use.The request shall be tures and other improvements shall be
User;Extension of Time. building or accessory building; considered as being officially submit- identified on-site with a current certifi-
ted and complete when the applicant cate of survey,prepared and signed by
1. If,within one(1)yearsfter 2. Enlargement of a building by less has complied with all specified infor- a Minnesota licensed land surveyor,
the date of the meeting of the Board,or than ten percent(10%)of Its gross floor mation requirements. In cases where depicting the following:
the Council on appeal, at which the area,provided that there is no variance an application is judged to be incom- a. scale of plan (engineering scale
variance was granted,the owner or oc- Involved and also provided that the plete,the Planner shall notify the ap- only,at one inch equals fifty feet(1"_
cupant of the affected land shall not Planner has conducted an administra- plicant, in writing, within fifteen (15) 50')or less.);
have obtained a building permit,lt one tive review pursuant to Section 850 of days of the date of submission. b. north point indication;
Is required,and commenced the work this Ordinance;and 2. Proof of Ownership or Authorize- c. existing boundaries with lot dimen-
or Improvement described In such pe- tion.The applicant shall supply proof of sion and area;
tition,the variance shall become null 3. Changes in the leasable space of a title and the legal description of the d. existing site improvements;
and void unless a petition for extension multi-tenant building where the change property for which the site plan ap- e. all encroachments;
of time In which to commence the pro- does not intensity the use,require ad- proval is requested, consisting of an I. easements of record;
posed work or improvement has been ditional parking,or result in an inability abstract of title and as applicable sup- g. legal description of the property;
granted, to maintain required performance stan- ply documented authorization from the and
dards as specified in Section 850 of owner(s)of the property in question to h. ponds, lakes, springs, rivers or
2. A petition for extension this Ordinance. proceed with the requested site plan other waterways bordering on or run-
shall be in writing and filed with the application. ning through the subject property.
Clerk within such one(1)year period. D. Neighborhood Meeting.Applicants 3. Technical Reports. The Planner 2. A site plan utilizing a copy of the
The petition for extension shall state are encouraged to hold a neighbor- shall instruct the appropriate staff per- current certificate of survey as a base
facts showing a good faith attempt to hood meeting with nearby residents sons to prepare technical reports for the site in question, depicting the
use the variance and shall state the ad- and landowners prior to filing of a for- where appropriate,and provide gener- following:
ditional time requested to begin the mal site plan application. al assistance in conducting an evalua- a. name and address of
proposed work or improvement.The !tion of the request. developer/owner;
petition shall be presented to the Board E. Sketch Plan: 4. Additional Information. City staff b. name and address of architect/de-
shall hearing,findings and decision in the shall have the authority to request ad- signer,
same manner as then required by this 1. Prior to the formulation of a Site ditional information from the applicant c. date of plan preparation;
Section 850 for an original petition for Plan, applicants are encouraged to concerning operatiopal factors or to re- d. dates and description of all revi-
variance.The Board may grant an ex- present a sketch plan to the Planner Iain expert assistance with the consent sion;
tension of the variance for up to one(1) prior to filing of a formal application. and at the expense of the applicant e. name of project or development;
year upon finding that a good faith at- The plan shall be conceptual but shall concerning operational factors. Said and
tempt to use the variance has been be drawn to scale with topography of a information is to be declared neces- I. all proposed improvements, in-
made,that there is a reasonable ex- contour Interval not greater than two ievaluate the request and to es- cluding:
pectation that the variance will be used (2)feet and may include the following: =performance condition in rela- i. required and proposed setbacks;
during the extension,that speculation tion to all pertinent sections of this ii. location,setback and dimensions
will thereby not be fostered,and that a. the proposed site with reference to Title. Failure on the part of the appli- of an proposed buildings and struc-
the facts and circumstances under existing development,topography,and cant to supply all necessary supportive tures;
which the original variance was grant- drainage conditions on adjacent prop- information may be grounds for denial III. location of all adjacent buildings to-
ed are not materially changed. erties,at least to within two hundred of the request. cated within one hundred(100)feet of
(200)feet; 5. Meeting with the Planner and Staff. the exterior boundaries of the property
L. Denial. No application for a The applicant or a representative in question;
variance which has been denied in b. natural features; thereof shall meet with the Planner and iv. location,number,dimension,and
whole or in part shall be resubmitted City staff in order to present informa- setbacks of proposed parking spaces
within twelve(12)months of the date of c. general location of existing and tan and answer questions concerning and drive aisles;
the order of denial,except that a new proposed structures including signs; the proposed requests. v. location,number,and dimensions
application may be permitted to the 6. Commission Review and Hearing. of proposed loading spaces;
same denying board,If new evidence d. tentative access, circulation and The Commission shall conduct a pub- vi. location,width,and setbacks of all
or a change of circumstances warrant street arrangements, both public and lic hearing regarding the site plan. A curb cuts and driveways;
it. private; notice of the date,time,place and pur- vii. vehicular circulation;
pose of the hearing shall be published viii.sidewalks,walkways,trails;
Subd.3Site Plan Review. e. amenities to be provided such as in the official newspaper of the City at ix. location and type of all proposed
recreational areas,open space,walk- least ten(10)days prior to the date of lighting, including details of all pro-
A. Purpose.The purpose of this ways,landscaping,etc; the hearing.A similar notice of hearing posed fixtures;
Section is to establish a formal site shall be mailed at least ten(10)days x. location of recreation and service
plan review procedure and provide reg- I. general location of parking areas; before the date of the hearing to each areas;
ulations pertaining to ensure compli- owner of property situated wholly or xi. location of rooftop equipment and
ance with the site design standards im- g. proposed public sanitary sewer, partly within one thousand(1,000)feet proposed screening;
posed by Sections 460 and 850 of the water and storm drainage; of the tract to which the petition relates Mi.'provisions for storage and dispos-
City Code. insofar as the names and addresses of al of waste,garbage,and recyclabtles,
h. a statement showing the proposed such owners can reasonably be deter- including details for screening exterior
B. Approval Required. Without density of the project with the method mined by the Clerk from records main- trash/recycling enclosures;and
first obtaining site plan approval it shall of calculating said density also shown; tained by the Assessor or from other xiii.location,sizing,and type of water
be unlawful to do any of the following: and appropriate records. After reviewing and sewer system mains and proposed
the report of the Planner and hearing service connection.
1. Construct a new building or add on I. additional information that demon- the oral or written views of all interest- 3. Grading/stormwater drainage
to an existing building that would result strates the nature,intent,or benefit of ed persons, the Commission shall plan,utilizing a copy of the current cer-
in an increase in gross floor area of all the proposed development. make its decision at the same meeting tificate of survey as a base for the site
buildings on the lot by more than ten or at a specified future date and send in question,prepared and signed by a
percent(10%); 2. The Planner shall refer the sketch its recommendab6p—to the Council.No Minnesota licensed engineer,depict-
plan to the Planning Commission and new notice need be given for hearings ing the following:
2. Move a budding to any lot within the City Council for discussion,review,and that are continued by the Commission a. existing contours at two(2)foot in-
City; informal comment. Any opinions or to a specked future date.The Com- tervals (may be prepared by a Min-
comments provided to the applicant by mission shall recommend approval by nesota licensed surveyor);
3. Expand or change the use of a the Planner, Planning Commission, the Council upon finding that the pro- b. proposed grade elevations at two
buil Ing or parcel of land or modify a and City Council shalt be considered posed development meets the stan- (2)foot maximum intervals;
building,accessory structure or site or advisory only and shall not constitute a dards of Section 850 of City Code. c. drainage plan, including the con-
land feature in any manner which.re- 7. Council Hearing and Decision.The figuration of drainage areas and calcu-
9u1t�In a different Intensity of use,in- Council shall conduct a public hearing lations;
cluding the requirement for additional Legal Notices continued on next page on the site plan in the same manner as d. storm sewer,catch basins, invert
elevations,type of castings,and type of the approval shall be null and void un- substance acceptable to the Planner, date of the hearing to each owner of
materials; less a petition for extension of time in the Planner will review the petition,pre- property situated wholly or partly with-
e. spot elevations(may be prepared which to commence the proposed work liminary site plan and the other infor- in one thousand(1,000)feet of the tract
by a Minnesota licensed surveyor); or improvements has been granted, mation provided by the petitioner,and to which the petition relates insofar as
f. proposed driveway grades; 2. A petition for extension shall be forward a report to the Commission. the names and addresses of such own-
g. surface water ponding and treat- made in writing and filed with the City The Commission shall conduct a pub- ers can reasonably be determined by
ment areas;and Clerk within such two(2)year period, tic hearing regarding the petition and the Clerk from records maintained by
h. erosion control measures. The petition shall state reasons show- preliminary site plan.A notice of the the Assessor or from other appropriate
4. Landscaping plan in accordance !ng whys building permit has not been date, time, place and purpose of the records. After reviewing the report of
with Section 850.10.Landscape plan obtained,or why erection or alterations hearing shall be published in the offi- the Planner and hearing the oral or
must use a copy of the current certifi- have not commenced,and shall state sal newspaper of the City at least ten written views of all interested persons,
cate of survey as a base for the site in the additional time requested to begin (10)days prior to the date of the hear- the Commission shall make its deci-
question,depicting the following: the proposed work or improvement. ing.A similar notice of hearing shall be sion at the same meeting or at a spec-
planting schedule(table)contain- The petition shall be presented to the mailed at least ten(10)days before the ified future date and send its recom-
ing: Council for hearing and decision in the date of the hearing to each owner of mendation to the Council.No new no-
I. symbols; same manner as then required for an property situated wholly or partly with- tics need be given for hearings that are
ii. quantities; original application.The Council-may in one thousand(1,000)feet of the tract continued by the Commission to a
iiia common names; grant an extension of up to one(1)year to which the petition relates insofar as specified future date.The Commission
iv. botanical names; upon finding that: the names and addresses of such own- may recommend approval by the
v. sizes of plant material; there is a reasonable expectation that ers can reasonably be determined by Council based upon but not limited to
vi. root specification(bare root,balled the proposed work or improvement will the Clerk from records maintained by the following factors:
and burlapped,potted,etc.);and commence during the extension;and the Assessor or from other appropriate a. is consistent with the Comprehen-
vii. special planting instructions. the facts which were the basis for ap- records. After reviewing the report of sive Plan;
b. location,type and size of all exist- proving the final development plan the Planner and hearing the oral or b. is consistent with the preliminary
ing significant trees to be removed or have not materially changed.No more written views of all interested persons, site plan as approved and modified by
preserved; than one(1)extension shall be grant- the Commission shall make its deci- the Council and contains the Council
c. planting detail(show all species to ed. ' sion at the same meeting or at a spec- imposed conditions to the extent the
scale at normal mature crown diameter Subd.4 Rezoning. ified future date and send its recom- conditions can be complied with by the
or spread for local hardiness zone); A. Initiation of Rezoning Process. mendation to the Council.No new no- final site plan;
d. typical sections with details of 1. A petition for rezoning may be initi- Lice need be given for hearings that are c. will not be detrimental to properties
fences,tie walls,planter boxes,tot lots, ated by the owner of land proposed for continued by the Commission to a surrounding the tract;
picnic areas,berms and the like; rezoning,the Council or the Commis- specified future date. d. will not result in an overly intensive
e. typical sections with details of -sion. 3. Council Hearings and Decision; land use;
landscape islands, planter beds, and 2. A petition by an owner shall be on Preliminary Zoning Approval.Upon re- e. will not result in undue traffic con-
foundation plantings wittridentification forms provided by the Planner,shall be quest of the Planner,Manager or pati- gestion or traffic hazards;
of materials used; submitted•with plans, data and infor- tioner, and after review and recom- f. conforms to the provisions of this
L note indicating how disturbed soil mation required by this•Section, and mendation by the Commission, the Section and other applicable provi-
areas will be restored through the use such other information that the'Planner Council shall conduct a public hearing sions of this Code;and
of sodding, seeding, or other tech- believes necessary for evaluation of regarding the petition and preliminary g. provides a proper relationship be-
niques; the petition.The petition shall be ac- site plan. A notice of the date, time, tween the proposed improvements,
sdelineation of both sodded and companied by the fee set forth in Sec- place and purpose of the hearing shall existing structures, open space and
eeded areas with respective areas in tion 185 of this Code. be published in the official newspaper natural features.
square feet; B. Sign-The petitioner for rezoning of the City at least ten days prior to the A recommendation of approval by the
h. coverage plan for underground int- shall erect,or cause to be erected,at date of the hearing.A similar notice of Commission shall be deemed to in-
gallon system,lt any; least one(1)sign per street frontage on hearing shall be mailed at least ten(10) clude a favorable finding on each of the
I. where landscape ormanmade ma- the land described in the petition.The days before the date of the hearing to foregoing matters even if not specifies
terials are used to provide screening sign or signs shall be of a design ap- each owner of property situated whol- cally set out in the approval resolution
from adjacent and neighboring proper- proved by the Planner;shall be thirty- ly or partly within one thoudand(1,000) or the minutes of the Commission
lies,a cross-through section shall be six(36)inches by sixty(60)inches in feet of the tract to which the petition re- meeting.
ctive
provided showing the perspeof size,shall have letters at least four(4) lates insofar as the names and ad- 6. Council Hearing and Decision; i
the site from the ra hbbc=property inches high using Helvetica medium dresses of such owners can reason- Final Rezoning.The Council shall con-
at the property line elevation and typeface or other letter style approved ably be determined by the Clerk from duct a public hearing on the final re-
j: other existing or proposed condi- by the Planner,shall be constricted of records maintained by the Assessor or zoning and site plan in the same man-
la�'ch could be expected to affect sturdy material, shall be neatly let- from other appropriate records. After ner and with the same notices as re-
Ping• tared, and shall be easily viewable hearing the oral or written views of all quired for preliminary rezoning ap-
5. Other plans and information as re- from,and readable by persons on,the interested persons, the Council shall proval.After hearing the oral and writ-
quired by the Planner incicling,but not. adjoining street.The sign or signs shall make its decision at the same meeting ten views of all interested persons,the
limited to: contain the following information: or at a specified future date. No new Council may accept or reject the find-
a. architecfylal elevations of all prin- "This property proposed for rezoning notice need be given for hearings that ings of the Commission and thereby
coal and accessory buiin js(type, by: are continued by the Council to a spec- approve or disapprove the final rezon-
color,and materials used in aaexternal (Name of petitioner or Applicant) ified future date.An affirmative vote of ing and site plan.An affirmative vote of
surfaces), ' (Telephone Number of Petitioner or Ap- three-fifths of all members of the Coun- three-fifths of all members of the Coun-
b. "typical"floor plan and'typical" plicant) cil shall be required to grant prelim!- cil shall be required to grant final re-
room plan drawn to scale with a sum- For information contact Edina Planning nary rezoning approval. Provided, zoning approval. Provided,however,a
mary of square footage for each use or Department: however,a rezoning from any residen- rezoning from any residentialzoning
achy: Telephone No:952-927-8861, tial zoning district to any nonresidential district to any nonresidential zoning
c. fire protection plan; The sign shall be kept in good re- zoning district shall require an affirma- district shall require an affirmative vote
d. type,khcetion and size(area and pair and shall be maintained in place tive vote of four-fifths of all members of of four-fifths of all members of the
height)of aft signs to be erected upon until a final decision on the petition has the Council.If preliminary rezoning ap- Council.
the property in question; been made by the Council,and shall be proval is granted, the petitioner may 7. Filing.The approved final site plan
e. vicinity map showing the s act removed by the petitioner within five(5) prepare a final site plan. In granting shall be filed in the Planning Depart-
property in reference to nearby high- days after the final decision.The failure preliminary rezoning approval, the ment.
ways or major street intersections;and of any petitioner to comply fully with the Council may make modifications to the S. Development.The development of
f. lighting plan. provisions of this paragraph relating to preliminary site plan and may impose the tract shall be done and accom-
1. Plan Modifications.Minor changes the sign shall not prevent the Commis- conditions on its approval. The peti- plished in full compliance with the ap-
may be authorized by the Planner.Pro- sion and Council from acting on the pe- tioner shall include the modifications, proved final site plan,as modified by,
posed changes to the approved site tition nor Invalidate arty rezoning grant- and comply with the conditions,in the and with the conditions made by,the
plan affecting structural types,building ed by the Council.If a signs are not final site plan,or at another time and by Council,and in full compliance with this
coverage,mass,intensity or height,al- kept in good repair or removed as re- other documents,as the Council may Section and other applicable provi-
locetion of open space and all other quired,then the signs shall be deemed require or as shall be appropriate. sions of this Code. Applications for
changes which affect the overall de- a nuisance and may be abated by the 4. Final Site Plan.The final site plan building permits shall be reviewed by
sign of the property shall be acted on, City by proceedings under M.S.429,or shall include all required information the Planning Department prior to is-
revlawed and processed by the Can- any other then applicable provisions of and data delineated on the preliminary suance of such permits to determine If
mission and Council in the same man- this Code a State Law,and the coat of site plan and,in addition,the required they conform to the provisions of this
ner as they reviewed and processed abatement, including administrative data and information in Section 850:04 Section,the approved final site plan,as
the site plan. expenses and attorneys'fees,may be Subd.3.above. modified by and with the conditions
J. Existing Approved Final Develop- levied as a special assessment against 5. Final Rezoning and Site Plan; made by, the Council, and other ap-
merit Plan.All existing approved Final the property upon which the sign is lo- Commission Review and Hearing.The plicable provisions of this Code.
Development Plans as of 12-21-2010 sated. Planner shall forward a report to the 9. Changes to Approved Final Site
are now deemed to be approved site C. 'Procedure for Rezoning Commission. The Commission shall Plan. Minor changes in the location
plans. 1. Preliminary_Rezoning and Site conduct a public hearing regarding the and placement of buildings or other im-
K. Lapse of Approved Site Plan by Plan.The petition for rezoning shall in- final rezoning and site plan.A notice of provements may be authorized by the
Non-User;Extension of Time. clude a preliminary site plan with the the date,time,place and purpose of Planner.Proposed changes to the ap-
1. If a building permit has not been required data and information in Sec- the hearing shall be published in the of- proved final site plan affecting structur-
obtained,and if erection or alteration of tion 850.04 Subd.3.above. ficial newspaper of the City at least ten al types,building coverage,mass,in-
a building as described in the applica- 2. Commission Review'and Hearing. (10)days prior to the date of the hear-
tion for site plan,has not begun within Upon receipt of the petition,fee and alt ing.A similar notice of hearing shall be
two(2)years after site plan approval, other required information,in form and mailed at least ten(10)days before the Legal Notices continued on next page
�I
Itensity or height, allocation of open land protection, trees, open space, depict and outline the proposed imple- A. Initiation of Conditional Use,Per-
space and all other changes which of- scenic views,and screening; mentation of the sketch plan for the mit.An application for a conditional use
fact the overall design of the property g. allow for mixing of land uses within PUD.The preliminary development permit may be initiated by the owner or
shall be acted on, reviewed and a development; Plan submissions shall include,but not owners of the lot or buNifing in ques-
processed by the Commission and h. encourage a variety of housing be limited to,the submission require- tion.
Council in the same manner as they re- types including affordable housing; ments stipulated in Section 850.04. 1. The application shall be on forms
viewed and processed the final site and Subd.3.Preliminary rezoning process provided by the Planner and shall be
plan, except that a three-fifths favor- I. ensure the establishment of appro- is stipulated in Section 850.04 Subd. submitted with required plans, data
able vote of the Council shall be re- priate transitions between differing 4.C. and information,and such other infor-
quired to authorize the proposed land uses. e. Final Development Plan and matron as,to the opinion of the Plan-
change. 2. Applicability/Criteria Final Rezoning.After approval of the ner,is necessary for evaluation of the
10.Lapse of Approved Final Site Plan a. Uses. All permitted uses,permit- preliminary development plan,the ap- application. The application shall be
by Non-User;Extension of Time. ted accessory uses,conditional uses, plicant may apply for a final develop- accompanied by the fee set forth in
a. If a building permit has not been and uses allowed by administrative ment plan and final rezoning approval Section 185 of this Code.
obtained,and if erection or alteration of permit contained in the various zoning for all or a portion of the PUD.The final B. Sign. All provisions and require-
a building,as described in the applica- districts defined in Section 850 of this development plan submissions shall ments in i this Subsection relating to tion for final site plan,has not begun Title shall be treated as potentially al- include,but not be limited to,the sub- erection of a sign in connection with a
within two(2)years after final develop- lowable uses within a PUD district,pro- mission requirements stipulated in rezoning of property shall apply to the
ment plan approval,the approval shall vided they would be allowable on the Section 850.04 Subd.3.Final rezoning applicant for a conditional use permit,
be null and void unless a petition for ex- site under the Comprehensive Plan. process is stipulated in Section 850.04. and the applicant shall comply with all
tension of time in which to commence Property currently zoned R-1,R-2 and Subd.4.C. such provisions and requirements,ex-
the proposed work or improvements PRD-1 shall not be eligible for a PUD. Final rezoning to PUD becomes official cept that the sign shall state that a con-
has been granted. b. Ed Jbility Standards.To be eligible upon adoption of an ordinance rezon ditional use permit is proposed for the
b.'A petition for extension shall be
for PUD district, all development ing the property. property instead of rezoning.
made in writing and filed with the City should,be in compliance with the fol- E. Restriction on Rezoning After De- C. Application Data.
Clerk within such two(2)year period. lowing: nial of Petition.After the.Council has 1. If the conditional use permit is re-
The petition shall state reasons show- i. where the site of a proposed denied a petition for rezoning, the quested to allow a principal or acces-
ing why a building permit has not been PUD is designated for more than one owner of the tract to which the petition sory use that requires the construction
obtained,or why erection or alterations (1) land use in the Comprehensive related may not file a new petition for a of a new building or accessory use fa-
have not commenced,and shall state . Plan,the City may require that the PUD period of one year following the date of cilities,or additions or enlargements to
the additional time requested to begin include all the land uses so designated such denial for transferring the same an existing building or accessory use
the proposed work or improvement. or such combination of the designated tract,or any part,to the same district or facilities,the application shall be drawn
The petition shall be presented to the uses as the City Council shall deem subdistrict(if the district has been di- to a scale acceptable to the Planner,
Council for hearing and decision in the appropriate to achieve the purposes of vided into subdistricts)to which such and be accompanied by plans contain-
same manner as then required for an this ordinance and the Comprehensive transfer was previously denied.Provid- ing the following data and information:
original application.The Council may Plan; ed,however,that such petition may be a. elevation drawings of all new build-
grant an extension of up to one(1)year ii. any PUD which involves a sin- filed if so directed by the Council on a ings or accessory use facilities,or ad-
upon finding that: . gle land use type or housing type may three-fifths favorable vote of all mem- ditions and enlargements to existing
I. there is a reasonable expectation be permitted provided that it is other- bers of the Council after presentation buildings or accessory use facilities,in-
that the proposed work or improvement wise consistent with the objectives of to the Council of evidence of a change eluding a description of existing and
will commence during the extension; this ordinance and the Comprehensive of facts or circumstances affecting the proposed exterior building materials;
and Plan; tract. b. the location,dimensions and other
ii. the facts which were the basis for Ill.. permitted densities may be F. Text Amendments. Amendments pertinent information as to all proposed
approving the final development plan specifically stated in the appropriate to the Zoning Ordinance other than Re- and existing buildings,structures and
have not materially changed.No more planned development designation and zoning. other improvements, streets, alleys,
than one(1)extension shall be grant- shall be in general conformance with 1. A petition for a text amendment driveways, parking areas, loading
ed, the Comprehensive Plan;and may be initiated by the owner of affect- areas and sidewalks;
D. Procedure for Rezoning to a iv. the setback regulation, build- ed land,the Council or the Commis- c. a landscape plan and schedule in
Planned Unit Development(PUD)Dis-. ing coverage and floor area ratio of the sion.A petition by an owner shall be on accordance with Subsection 850.10;
trict most closely related conventional zon- forms provided by the Planner and d. a floor plan showing the location,
1. Purpose and Intent.The purpose ing district shall be considered pre- such other information that the Planner arrangement and floor area of existing
of the PUD District is to provide com- sumptively appropriate,but may be de- believes necessary for evaluation of and proposed uses;and
prehensive procedures and standards parted from to accomplish the purpose the petition.The petition shall be ac- e. arty other information required,in
intended to allow more creativity and and intent described in#1 above. companied by the fee set forth An Sec- the opinion of"Planner,to evaluate
flexibility in site plan design than would 3. Procedures tion 185 of this Code. the application,to determine oonsis-
be possible under a conventional zon- a. Pre-Application Conference. 2. Commission Review and Hearing. tency with the Comprehensive Plan,
ing district.The decision to zone prop- Prior to filing of an application for PUD, Upon receipt of the petition,fee and all and to ensure compliance with the re-
erty to PUD is a public policy decision the applicant must arrange for and at- other required information,in form and quirements contained in this Section
j for the City Council to make in its leg- tend a conference with City staff.The substance acceptable to the Planner, and other applicable provisions of this
islative capacity.The purpose and in- primary purpose of the conference the Planner will review the petition,and Code.
tent of a PUD is to include most or all shall be to provide the applicant with an the other information provided by the 2. If the conditional use permit is re-
of the following: opportunity to gather information and petitioner,and forward a report to the quested to allow a principal or acces-
a. provide for the establishment of obtain guidance as to the general suit- Commission.The Commission shall sory use that does not require con
PUD(planned unit development)zon- ability of the proposal for the area for conduct a public hearing regarding the structmon of a new building or accesso-
ing districts in appropriate settings and which it is proposed and its conformity petition. A notice of the date, time, ry use facilities; or additions or en-
situations to create or maintain a de- to the provisions of this Title before in- place and purpose of the hearing shall largements to an existing building or
velopment pattern that is consistent curring substantial expense in the be published in the official newspaper accessory use facilities,the application
with the City's Comprehensive Plan; preparation of plans,surveys and other of the City at least ten(10)days prior shall be accompanied by plans show-
b. promote a more creative and effi- data. to the date of the hearing. After re- ing:
cient approach to land use within the b. Pre-Application Sketch Plan viewing the report of the Planner and a. the location,arrangement and floor
City,while at the same time protecting Review.Prior to filing of a PUD,the ap- hearing the oral or written views of all area of existing and proposed uses;
and promoting the health,safety,com- plicant is encouraged to submit a interested persons, the Commission b. the location,dimensions and other
fort,aesthetics,economic viability,and sketch plan of the project to the City shall maki its decision at the same pertinent information as to all build-
general welfare of the City; Planher per Section 850.04 Subd.3.E. meeting or at a specified future date ings,structures,streets,alleys,drive-
c. provide for variations to the strict The submittal should include a state- and send its recommendation to the ways, parking areas, loading argas,
application of the land use regulations ment providing justification for the Council.No new notice need be given sidewalks and landscaping;and
in order to improve site design and op- PUD,including but not limited to the in- for hearings that are continued by the c. .any other information required,in
eration,while at the same time incor- tended utilization of the items listed in Commission to a specified future date. , the opinion of the Planner,to evaluate
porate design elements that exceed the Purpose and Intent, and Criteria 3. Council Hearings and Decision. the application,determine consistency,
the City's standards to offset the effect above. - After review and recommendation by with the Comprehensive Plan,and en-
of any variations. Desired design ele- c. Planning Commission and City the Commission,the Council shall con- sure compliance with the requirements
ments may include: sustainable de- Council Review. The Planner shall duct a public hearing regarding the contained in this Section and other ap-
sign, greater utilization of new tech- refer the sketch plan to the Planning proposed text amendment.A notice of plicable provisions of this Code.
nologies in building design, special Commission and City Council for dis- the date,time, place and purpose of D. Commission Review and Hearing.
construction materials, landscaping, cussion, review, and informal com- the hearing shall be published in the of- The Commission shall conduct a pub-
lighting, stormwater management, ment.Any opinions or comments pro- ficial newspaper of the City at least ten lic hearing regarding the application.A
pedestrian oriented design,and podi- vided to the applicant by the Planner, (10)days prior to the date of the hear- notice of the date,time,place and pur-
um height at a street or transition to Planning Commission,and City Coun- ing. After hearing the oral or written pose of the hearing shall be published
residential neighborhoods, parks or cil shall be considered advisory only views of all interested persons, the in the official newspaper of the City at
other sensitive uses; and shall not constitute a binding deci- Council shall make its decision at the least ten(10)days prior to the date of
d. ensure high quality of design and sion on the request.There shall be no same meeting or at a specified future the hearing.A similar notice of hearing
design compatible with surrounding official application made for a sketch date.No new notice need be given for shall be mailed at least ten(10)days
land uses,including both existing and plan.It is an informal review and com- hearings that are continued by the before the date of the hearing to each
planned; ment by planning commission and City Council to a specified future date.An owner of property situated wholly or
e. maintain or improve the efficiency Council. affirmative vote of three-fifths of all partly within one thousand(1,000)feet
of public streets and utilities; d. Preliminary Development Plan members of the Council shall be re- of the tract to which the petition relates
I. preserve and enhance site charac- and Preliminary Rezoning.Preliminary quired to approve a text amendment. insofar as the names and addresses of
teristics including natural features,wet- development plan submissions may Subd.5 Conditional Use Permits. such owners can reasonably be deter-
mined by the Clerk from records main- sory thereto,I shall be Increased in
tarried by the Assessor or from other- gross floor area or height,nor shaft any all administrative expenses and attor- as the names and addresses of such
appropriate records. After reviewing off-street parking facilities accessory neys'fees,with interest and costs as owner and occupant can reasonably
the report of the Planner and hearing to the building or structure be enlarged provided,incurred by the City in con- be determined by the Clerk from
the oral or written views of an interest- in surface area to accommodate addi- nection with or as a result of reviewing records maintained by the Assessor,m
ed persons, the Commission shall fional automobiles,without first obtain- and acting on such petition or applica- the violation and request removal withof
-
make its decision at the same meeting ing,in each instance,a conditional use tion.If more than one(1)person signs in a stated period,but not less than five
or at a specified future date and send permit. a petition or application,all such sign- (5)days.
its recommendation to the Council.No H. Restriction on Resubmission After ers shall be jointly and severally liable 2. If the violation is not removed with-
new notice need be given for hearings Denial.No application for a conditional for such expenses and fees,with inter- in the stated period, the Manager or
that are continued by the Commission usepermit which has been denied by est and costs as provided. The ex. Planner shall submit a report on the
to a,specified future date. the Council shall be resubmitted for a penses and fees to be paid to the City matter to the Council and request a
E. City Council Hearing and Decision. period of one year following the date of pursuant to this paragraph shall be hearing.
Upon request of the Planner,Manager the denial by the Council. Provided; I payable upon demand made by the 3. The Council,upon receipt of the re-
or applicant,and after review and rec- however, that the application may be CttY,and if not paid within five(5)days port,shall set a hearing date,and no-
ommendation by the Commission,the resubmittedN$o directed by the Coun- after such demand,shall bear interest tice shall be given to the owner and oc-
Council shall conduct a public hearing cil on a three-liths favorable vote of all from the date of demand until paid at a cupant at least ten(10)days prior to
regarding the application.A notice of members of the Council after presen rate equal to the lesser of the highest the hearing.
the date,time, place and purpose of tation to the Council of evidence of a interest rate allowed by law or two(2) 4. After receiving the oral and written
the hearing shall be published in the of- of facts or circumstances orf- percentage points in excess of the ref- views of all interested persons, the
ficial newspaper of the City at least ten =the proposed use or tract on erence rate.The petitioners and appli- Council shall make its decision at the
(10)days prior to the date d the hear- which it is to be located. cants shall also pay all costs,including same meeting or at a specified future
ing.A similar notice of hearing shall be I. Lapse of Conditional Use Permit attorneys'fees,incurred by the City in date.
mailed at least ten(10)days before the by Non-User,Extensionof Time. collecting the expenses, fees and in- 5. If the hearing is continued to a
date of the hearing to each owner of 1. If no use allowed by the condition- terest,with interest on the costs of col- specified future date, no new notice
property situated wholly or partly with- al use permit has begun within two(2) lection from the dates incurred until need be given. If such permit is re-
in one thousand(1,000)feet of the trail years from the granting of the condi- paid, at the same interest rate as is voked by the Council,all use,activity
to which the application,relates insofar
tional use permit,the conditional use payable on the expenses and fees.For and rights allowed by and attributable
as the names and addresses of such permit shall become null and void un- purposes of this paragraph,reference to such permit shall immediately
owners can reasonably be determined less a petition for extension of time hasrate shall mean the rate publicly an- cease.
by the Clerk from records maintained been granted. , nounced from time to time by First Section 2. Subsection 850.09 is
by the Assessor.After hearing the oral 2. A petition for extension shall be in I Edina National Bank, or any succes- amended to add the following:
and written views of all interested per- writing and filed with the Clerk within sor, as its reference rate, and if the 850.09 Districts. For the purposes of
sons,the Council shall make its ded- two(2)years from the granting of the bank,or its successor,ceases publicly this Section,the City shall be divided
sion at the same meeting or at a spec- conditional use,permk.The petition for announcing its reference rate, refer- into the following zoning districts:
ified future date.No new-notice need extension shelf,:state fads showing a I ence rate shall mean the interest rate Single Dwelling Unit District(R-1)'
be given for hearings that are contin- good faith attempt to use the condi- charged from time to time by the bank Double Dwelling Unit District(R-2)
ued to a specified future date. The tional use permit and shall state the ad- I on 90-day unsecured business loans to Planned Residence District(PRD and
Council shall net grant a conditional ditional time requested to begin the its most creditworthy customers. PSR)
use permit unless it finds that the es- use.The petition shall bepresented to Subd.7 Mailed Notice. Mixed Development District(MDD)
tablishment,maintenance and opera- the Council for hearing and decision in Whenever this Section requires or per- Planned Office District(POD) -
tion of the use: the same manner as then r�uired for j mils mailed notice to property owners, Planned Commercial District(PCD)
1. Does not have an undue adverse an original application.The Council the failure to give mailed notice,or de- Planned Industrial District(PID)
impact on governmental facilities,ubli- may grant an extension of the condi- fads in.the notice,shall not invalidate Regional Medical District(RMD)
i ties,services or existing or proposed tional use permit for up to one(1)year j the proceedings,provided a good faith Automobile Parking District(APD)
improvements; upon finding that: attempt to comply with the applicable Heritage Preservation,Overlay District
2. Will generate traffic within the ca- a. a good faith attempt to use the con- V notice requirements was made. Any (HPD)
parity of the streets serving the prop- ditional use permit has been made; appropriate records may be used by Floodplain Overlay District(FD)
erty b. there is a reasonable expectation the person responsible for mailing the Planned Unit Development District
3. Does not have an undue adverse that the conditional use permit will be notice to determine names and ad- (PUD)
imppact on the public health,safety or used during the extension;and dresses of owners. Section 3. This ordinance is effective
wBtfare; c. the-fads which were the basis for Subd.8 Evidence of Ownership. immediately upon its passage and
4. Will not impede the normal and or- the findings under which the original If,in connection with any petition or ap- publication.
derly development and improvement of conditional.use permit was
other property in the vicinity granted plication, the Planner requests evi- First Reading: November 16,
have not materially changed.No more dence of ownership of the property to 2010
5. Conforms to the applicable restric- than one(1)extension shall be grant- which the petition or application re- Second Reading: December 21,
tions and special conditions of the dis- ed.For purposes of this paragraph,a laces,the petitioner or applicant shall 2010
trict in which It is located as imposed by use shall be deemed begun when all obtain,at the petitioner's or applicant's Published: December 30,2010
this Section;and work described in the original applica- expense,and deliver to the Planner,a Attest:
6. Is consistent with the Comprehen- tion,or information provided,has been title opinion from an attorney accept-
Debra A.Mangan,City Clerk
sive Plan. completed and has received final City able to the Planner,or other evidence James B.Hovland,Mayor
Approval of a conditional use per- approvals and the use is operating for of such ownership acceptable to the (Jan 6,2011)D1 Ord.#2010-18
mit requires a three-fifths favorable the purposes described in the original Planner,in each case addressed to the
vote of all members of the Council.A application. City.Also,if so requested by the Plan-
favorable vote by the Council shall be J. Ft"of-Conditional ditional Use Permit.If ner,the petitioner or applicant shall ob-
deemed to include a favorable funding a conditional use permit is granted,the tain a written consent to the petition or
on each of the foregoing matters even applicant,at the applicant's expense, application by all owners of such prop-
if not specifically set out in the approval shall duly file or record the permit in the arty as shown by the title opinion or
resolution or the minutes of the Coun- proper office to give constructure notice other evidence of ownership and,if the
njl meeting. of it.A verified copy of the permit,with request is made,the City shall have no
F. Conditions and Restrictions.The the recording data on it,shall be deliv- duty to process,or to act on or respond
Commission may recommend that the ered to the Planner.The Council may to, such petition or application until
Council impose,and the Council with require that the permit be so recorded such consents are delivered to the
r without such recommendation may or filed,and the verified copy delivered Planner.
impose, conditions and restrictions to the Planner,before the permit shall Subd.9 Violation,Penalty,Remedies.
cion the establishment,location,con- become effective. A. Misdemeanor. Any. owner or
truction, maintenance, operation or Subd.6 Fees and Charges. lessee of an entire building or property
uration of the use as deemed.neces- A. Petitions and Applications. Each in or upon which a violation has been
ary for the protection of the public in- petition or application filed with or sub- committed or shall exist,or any owner
.rest and adjacent properties,to en- miffed to the City pursuant to this Sec- or lessee of that part of the building or
ure compliance with the requirements tion shall not be deemed filed or sub- property in or upon which a violation
f this Section and other applicable mitted,'and the City shall have no duty has been committed or shall exist,shall
rovisions of this Code,and to ensure to process it,to Oct on it or respond to be guilty of a misdemeanor and subject
onsistency with the Comprehensive it,unless and until there is paid to the to the penalties and remedies provided
Ian.The Council may require such ev- City the applicable fee for such petition in Subsection 100.09 of this Code.
donee and guarantees as it may deem or application,as then required by Sec- B. Violation of Conditions in Condi-
ecessary to secure compliance with tion 185 of this Code.This paragraph tional Use Permits. If any person vio-
ny conditions imposed.No use shall shall not apply to petitions or applica- lates any condition or restriction im-
e established or maintained,.and no tions filed or submitted by the Council, posed by the Council in connection
wilding or other permit for establishing the Commission or any City official ir with the grant or issuance of a condi-
)r maintaining such use shall be grant- its official capacity. tional use permit,the City,in addition to
d,until the applicant has met and fur- B. Administrative Expenses and At- other remedies available to it as pro-
'lled all conditions imposed by the torneys'Fees.Each petitioner and ap- vided in this Subdivision, may revoke
ouncil to the satisfaction of the Plan- plicant,by filing or submitting a petition the permit and all rights attributable to
er. or application,shall have agreed to pay such permit.Revocation shall be done
Expansions of Conditional Uses. in the following manner:
o use allowed by conditional"use per- 1. The Manager or Planner shall noti-
it,or any building or structure acres- Legal Notices omfinued on field page fy the owner and occupant of the prop-
arty to which such permit exists insofar