It is the intent of this section to serve the public interest by promoting a high standard of development within the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified development, the city seeks to accomplish the following:

a)   implement the comprehensive plan;

b)   maintain and improve the city's tax base to a reasonable extent;

c)   mitigate to the extent feasible adverse impacts of one land use upon another;

d)   promote the orderly and safe flow of vehicular and pedestrian traffic; and

e)   preserve and enhance the natural and built environment.

Without first obtaining site and building plan approval it shall be unlawful to do any of the following:

a)   construct a building;

b)   move a building to any lot within the city;

c)   expand or change the use of a building or parcel of land or modify a building, accessory structure or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking;

d)   grade or take other actions to prepare a site for development, except in conformance with a permit or an approved plan; or

e)   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.

Notwithstanding the provisions of subdivision 2 of this section, the following shall not require site or building plan approval:

a)   construction or alteration of a single family residential building or accessory building;

b)   enlargement of a building by less than 10 percent of its gross floor area, provided that there is no variance involved and also provided that the city planner has conducted an administrative review pursuant to subdivision 9 of this section;

c)   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 300.28 of this ordinance; or

d)   construction or alteration of any use permitted within the R-2 district, unless required by the planning commission or city council at the time of rezoning or plat approval.

Application for a site and building plan review shall be made to the city planner on forms provided by the city and shall be accompanied by the following:

a)   a plat or map of the property showing the proposed improvements;

b)   evidence of ownership or an interest in the property;

c)   the fee required by section 710 of the code of city ordinances;

d)   complete site and building elevations and footprint plans, signed by a registered architect, civil engineer, landscape architect or other appropriate design professional; and

e)   such other information as may be required by the city.

An application for a site and building plan review on a parcel for which the zoning is contrary to the land use designation in the comprehensive plan must be accompanied by an application for an amendment to the comprehensive plan. If an environmental assessment worksheet is required, no site and building plan approval shall be granted until the environmental assessment worksheet has been received and a negative declaration for an environmental impact statement has been made by the city council. If an environmental impact statement is required, no site and building plan shall be approved until the environmental impact statement has been prepared.

(Amended by Ord. No. 2023-02, effective February 27, 2023)

In evaluating a site and building plan, the planning commission and city council shall consider its compliance with the following:

a)   consistency with the elements and objectives of the city's development guides, including the comprehensive plan and water resources management plan;

b)   consistency with this ordinance;

c)   preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas;

d)   creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development;

e)   creation of a functional and harmonious design for structures and site features, with special attention to the following:

   1)   an internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and the general community;

   2)   the amount and location of open space and landscaping;

   3)   materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and

   4)   vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking.

f)   promotion of energy conservation through design, location, orientation and elevation of structures, the use and location of glass in structures and the use of landscape materials and site grading; and

g)   protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses.

a)   After receipt of a completed application, a date must be set for a public hearing before the planning commission. Not less than 10 days before the public hearing, the city must send notice to the owners of properties located wholly or partially within 400 feet of the site. Following the hearing or any continuance thereof which is not appealed by the applicant, the planning commission must make a decision regarding the matter. The planning commission may approve a building or site plan review only upon the affirmative vote of at least two-thirds of its full membership. The planning commission action will be final action subject to the right of appeal, except if the application is associated with, or is an integral part of, another land use application which requires city council action. In that situation, the planning commission action will be a recommendation to the city council, and require only a majority vote. City council action requires a majority vote.

b)   The public hearing must be held before the city council instead of the planning commission if the application is for a city-owned park, the project has no variances, and a public hearing complying with the notice provisions of this paragraph has been held at a neighborhood meeting or by the Minnetonka park board.

Any person aggrieved by a decision of the planning commission may appeal to the city council in accordance with the provisions of section 300.04 of this ordinance. Notice shall be given in the same manner as required for the public hearing before the planning commission. The city council shall make a decision within 120 days of submission of a completed application or such longer period not objected to by the appellant. If the city council fails to make a timely decision, the appeal shall be deemed to have been approved. The city council may reverse or amend a decision of the planning commission by an affirmative vote of two-thirds of its full membership.

Any site and building plan application which is accompanied by a request for a conditional use permit or for a zoning map amendment to this ordinance shall be considered by the planning commission concurrently with the conditional use permit or rezoning application.

Site and building plans which do not involve a variance and which are not accompanied by other matters requiring consideration by the planning commission or city council may be approved by the city planner. If any application is processed administratively, the city planner shall render a decision within 30 days and shall serve a copy of the decision upon the applicant by mail.

Any person aggrieved by a decision of the city planner may appeal the decision to the planning commission in the manner specified in section 300.04 of this ordinance.

Construction of the building or initiation of the use shall begin no later than December 31 of the year following the year in which site and building plan approval is granted. After the expiration of such period the approval shall be null and void unless the planning commission grants an extension of time or a building permit has been issued and substantial work performed on the project. Upon request by the applicant, the planning commission may grant a one-year extension of time for a site and building plan approval following compliance with the notice and public hearing requirements of this section. The city may decline to grant an extension if there has been a change in circumstances affecting the property or if there are other reasons to justify the denial. A change in circumstance may be an approved modification to the comprehensive guide plan, substantial changes to the surrounding development pattern or other items as determined by the city. Three consecutive one-year extensions shall be conclusive proof that the development has not made adequate progress toward completion, and no further extensions shall be granted, except upon a variance from this provision.

The planning commission, city council or city planner may impose conditions in granting approval to site and building plans to promote the intent of this section or to protect adjacent properties.

Site and building plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in substantial compliance with the plans and specifications approved by the planning commission, city council or city planner.

a)   It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified person acceptable to the city planner and shall show the following:

   1)   elevations of all sides of the building;

   2)   type and color of exterior building materials;

   3)   a typical floor plan;

   4)   dimensions of all structures; and

   5)   the location of trash and recycling containers and of heating, ventilation and air conditioning equipment.

b)   Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential or non-residential buildings. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any exterior property line. The city may, at its discretion, allow architecturally enhanced block or concrete panels.

c)   All rooftop or ground mounted mechanical equipment and exterior trash and recycling storage areas shall be enclosed with materials compatible with the principal structure. Low profile, self-contained mechanical units which blend in with the building architecture are exempt from the screening requirement.

d)   Underground utilities shall be provided for all new and substantially renovated structures.

Landscape plans must be prepared by a landscape architect or other qualified person acceptable to the city planner, drawn to a scale of not less than one inch equals 50 feet and must show the following:

a)   Property:

   1)   lot lines with accurate dimensions;

   2)   locations of existing and proposed buildings, parking lots, roads and other improvements;

   3)   existing and proposed easements;

   4)   proposed grading plan with two foot contour intervals;

b)   Existing Vegetation:

   1)   All trees that will be removed, relocated, or preserved;

   2)   Any shrubs or planting beds that will be removed or modified;

   3)   Tree protection measures for tress to be saved;

   4)   Any other vegetation identified as significant by city staff.

c)   New Plantings:

   1)   A planting plan with the location of each new plant with the species and size labeled;

   2)   A plant schedule with symbols, quanitites, common and botanical names, size, container/root type, and any details or remarks summarizing the plant material to be used;

   3)   Planting details for planting trees and shrubs.

   4)   Areas to be seeded or sodded, or otherwise established with groundcover. Note, gravel or landscape rock does not, by itself, constitute landscaping.

d)   Other landscape elements:

   1)   Fences, retaining walls, patios, and other similar features, and associated construction details.

   2)   Berms and associated grading details.

   3)   Lighting and associated details.

   4)   Irrigation systems and associated details.

(Amended by Ord. No. 2019-16, adopted July 22, 2019)

a)   A reasonable attempt must be made to preserve as much existing vegetation as is practicable and to incorporate it into the landscape plan.

b)   All open areas of a lot which are not used or improved for required parking areas, drives or storage must be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping must include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table:

   below $1,000,000         =   2%

   $1,000,001 - $2,000,000   =      $20,000 + 1% of project value
                     in excess of $1,000,000

   $2,000,001 - $3,000,000   =      $30,000 + 0.75% of project value
                     in excess of $2,000,000

   $3,000,001 - $4,000,000   =      $37,500 + 0.25% of project value
                     in excess of $3,000,000

   over $4,000,000      =      1%

   In instances where native or significant plant materials exist on a site prior to its development, the application of the standards in this subdivision may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this ordinance. The city may permit the seeding of areas reserved for future expansion of the development if consistent with the intent of this ordinance.

c)   At least 25 percent of proposed new plantings must be species beneficial to pollinators derived from the city's native or native cultivar plant list, unless approved by the city. The city may allow credit for existing, native and/or significant plant materials beneficial to pollinators that are preserved as part of the landscape plan.

d)   Not more than 25 percent of the required number of trees may be composed of any one species unless approved by the city. The following trees are not allowed as new plantings:

   1)   a species of the genus Ulmus (elm), except those elms bred to be immune to Dutch elm disease;

   2)   box-elder;

   3)   ash;

   4)   female ginkgo; or

   5)   Colorado spruce.

e)   All new landscape trees and shrubs must meet the American Standard for Nursery Stock and American National Standard relating to planting guidelines, quality of stock and appropriate sizing of the root ball. Landscape trees must be balled and burlapped or moved from the growing site by tree spade. Deciduous trees will be not less than one and one quarter inches but not more than three inches caliper for balled and burlapped trees, and not less than three inches but not more than six inches caliper for spade-moved trees. Coniferous trees will not be less than six feet in height but no more than eight feet for balled and burlapped trees, and not less than eight feet in height but not more than fourteen feet for spade-moved coniferous trees.

   The city may allow larger balled and burlapped or spade moved trees if these trees are accompanied with a three year guarantee.

f)   In order to provide for adequate maintenance of landscaped areas, an irrigation system must be provided as part of each new development, except one and two-family dwellings and additions to existing structures that do not at least equal the floor area of the existing structure. The irrigation system must include a properly installed and operating rain sensor or other smart irrigation controller, and must be installed in all landscaped areas except areas to be preserved in a natural state.

(Amended by Ord. No. 2019-16, adopted July 22, 2019)

a)   All parking lots containing over 150 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city. All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the “150 stall” standard and shall be required by the city when warranted.

b)   Parking lot landscape areas, including landscape islands, shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission.

(Amended by Ord. No. 2012-07, adopted June 25, 2012)

The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died, have severely declined or have been damaged, must be replaced within three months of notification by the city. However, the time for compliance may be extended up to nine months by the city planner in order to allow for seasonal or weather conditions. Trees and shrubbery will be considered to be severely declined if more than 25 percent of the crown has died.

(Amended by Ord. No. 2011-30, adopted December 19, 2011)

Retaining walls must be reviewed and constructed as required by the building code.

(Amended by Ord. No. 2019-07, adopted March 18, 2019)

When screening, landscaping or other similar improvements to property are required by this ordinance, a performance security must be supplied by the owner in an amount equal to at least one and one-half times the value of such screening, landscaping, or other improvements. The security amount must include reimbursement of all expenses incurred by the city for engineering, legal or other fees in connection with making or completing such improvements. The security must be provided before the city issues any building permit and must be valid for one full growing season after the date of installation of the landscaping. The city may accept a letter of credit, cash escrow or equivalent acceptable to the city attorney to satisfy this security requirement. In the event construction of the project is not completed within the time prescribed by building permits and other approvals, the city may, at its option, use the security to complete the work required at the expense of the owner.

The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the city may require such additional security as it deems appropriate.

a)   The following uses shall be screened or buffered in accordance with the requirements of this subdivision.

   1)   Principal buildings and structures and any building or structure accessory thereto located in any business, industrial or planned unit development district containing non-residential uses shall be buffered from lots used for any residential purpose.

   2)   Principal buildings and structures and any building or structure accessory thereto located in any R-3, R-4, R-5 or planned unit development district containing residential development at densities exceeding 4 units per acre shall be buffered from lots located in any R-1 or R-2 district.

   3)   Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet, and from lots which are used for any residential purpose.

   4)   Loading docks shall be screened from all lot lines and public roads.

   5)   Trash storage facilities shall be screened from all lot lines and public roads.

   6)   Outside storage in business and industrial districts which is allowed by other provisions of this ordinance shall be screened from all public views.

b)   Required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons.

c)   All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right of way or within eight feet of the traveled portion of any street or highway.

d)   Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section. Height of plantings required under this section shall be measured at the time of installation.

Property that does not comply with a condition imposed in a building and site plan approval or with a requirement in subdivisions 15 - 20 of section 300.27 is declared a public nuisance that may be abated in accordance with the provisions of section 845.

(Amended by Ord. No. 2008-25, adopted August 25, 2008; Amended by Ord. No. 2004-37, adopted December 20, 2004; Amended by Ord. No. 2004-27, adopted August 23, 2004; Amended by Ord. No. 2004-01, adopted January 5, 2004; Amended by Ord. No. 2003-25, adopted October 27, 2003)