CR 2014-067 Zoning Ordinance AmendmentsJune 25, 2014 4M Council Report 14-67
Pi-oposed Action
Staff recommends the following motion: Move to ado )t Resolution 14-32, a2pi
roving
Ordinances 14-1069 and amending various sections of the zoning ordinance for first reading.
At the Zoning and Planning meeting Mr. Kerssen moved and Mr. Firth seconded a motion to
adopt ResolutionRZ14-1, recommending approval of various amendments to the zoning
ordinance. The motion was approved unanimously.
Over -view
At various times the staff assembles sections of the zoning ordinance that need to be updated.
These amendments are to correct inconsistencies or problems the staff has identified or just to
update the ordinance. The attached amendments address consolidation of lots and the state
statute number regulating day care facilities.
The consolidation of lots has been an issue in the past. There have been several tear downs of
homes built on the lot line straddling the middle of the lots.
lots into one, which was an expensive and timely procedure
combining of lots will be an administrative procedure.
Pi-iniary Issues to Consider
What are the proposed amendments?
What is the staff recommendation?
The only solution was to replat the
. With the attached ordinance, the
What was the discussion at the Zoning and Planning meeting`?
A
Analysis of Issues
Resolution 14-32
Ordinance 14-1069
�I(Wvcu A_(I ulm-)
Nancy Anderson, AICP
City Planner
Financial firipact: N/A —Budgeted: — Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR14-67
Page 2
11 ELmary Issues to Consider
_
0 What are the pi-oposed amendments?
That the Hopkins Zoning Ordinance Nos. 500 and 515 be, and the same are hereby amended by
adding the following underlined language and deleting the following -AAtli-rottgh language,
which reads as follows:
Section 500.61 \Alaiver of Plat.
Subdivision. 1. Division. In certain circumstances a waiver of plat ma-ybe qLay be more
appropriate than a subdivision to divide a property. An applicant may apply for a waiver of
plat if the following circumstances exist:
a) The division request is a substantially single line
b) Thal The division will not create more than one additional lot
c) T -hat The division will not require the dedication of public right-of-way or extension of
utilities in a public right-of-way
Subdivision 2. Consolidation. In certain circumstances a waiver of plat may be more
appropriate than a subdivision to consolidate two lots into one lot, provided the resulting lot
conforms to all applicable zoning ordinance requirements.
Subd. 2-3. Application. All applications for a wavier waiver of plat must include a
survey of the property to be divided or consolidated and the new legal cis sei4144o+i
descrigion(s) of the property after the division or consolidation. This survey will also include
locating all existing utilities on the property. The owner of the property must grant casements
for the utilities if needed. The a )lication must also include evidence of title to the property to
be divided or consolidated in a form acceptable to the Citv Attornev.
Subd. -3. 4. Action by the Commission. Application for a waiver of plat for a division
under Section 500.61 Subd. I shall be referred by the planning department to the Zoning &
Planning Commission, which shall hear the applicant or representative thereof at its next
regular meeting, provided all necessary data have been submitted. The Commission shall
recommend sueh conditions relating to the granting of the waiver as it deems necessary to -so -as
to carry out the intent and purpose of this code and the standards in SUM. I or shall recommend
denial of the request. The Commission's recommendation shall be forwarded to the City
Council.
Subd. 5. Action by the Zonim-, Administrator. An application for a waiver Linder
Section 500.61 Subd. 2 for the consolidation of lots shall be subject to administrative review
and aivroval by the Zonim, Administrator. The Zonim, Administrator ma v impose conditions
on the approval
Subd. 4-. 6. Filing. Applications for a waiver of plat shall be filed with the Zoning
CR 14-67
Page 3
Administrator with such film(, I -(-,-e as may be from time to time established by resolution of the
City Council.
Surd. 7. The Applicant shall record a lot division or consolidation with the I enn
Cpj!!Av Recorder or Registrar ofTitles within 30 day�ofq roval. In the case of a lot division,
the Citv Council's certified resolution shall be recorded. In a lot coiisoliciation,_tlie�7,oiii�iiv
Adiriiiiistrator shall provide the applicant with written certification of the City's approval of the
consolidation. which shall then be recorded.
These ordinance amendments will allow consolidation of lots with staff approval.
515.07, Subd. 61. Day care facility: a licensed facility in which care is provided for one or
more children as defined and regulated per M.S.A.245 A7 -8 -1 -
MN statute 245.A781 has been repealed and replaced by 24-5.
What is the staff recommendation`?
Staff recommends approval of the proposed amendments to the ordinances.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed amendments with the Commission. 'rhe Commission
discussed the various amendments. No one appeared at the public meeting regarding this issue.
t,
Alternatives.
1. Approve the proposed amendments to the zoning ordinance. By approving the amendments
to the zoning ordinance, the Zoning Ordinance will be amended.
2. Recommend denial of the amendments to the zoning ordinance. By denying the
amendments to the zoning ordinance, the Zoning Ordinance will not be amended. If the
City Council considers this alternative, findings will have to be identified that support this
alternative.
3. Continue for further information. If the City Council indicates that ftirther intormation is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 14-32
RESOLUTION MAKING FINDINGS OF FACT' AND
APPROVING ZONING AMENDMENTS
WHEREAS, an application for Zoning Amendment ZN14-1 has been initiated by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
I . That an application for zoning amendment was initiated by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on May 27, 2014:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN14-1
is hereby recommended for approval based on the following Findings of Fact:
I That the proposed ordinance will allow staff reviews for consolidation of
lots.
2. That that state statute number for day care has changed.
3. That the Zoning and Planning Commission reviewed the proposed
ordinance.
Adopted this I st (lay of July 2014
Eugene J. Maxwell, Mayor
FANVUH
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2014-4069
THE COUNCIL OF THE CITY OF HOPIS INS DOES HEREBY ORDAIN AS
FOLLOWS:
That the Hopkins Zoning Ordinance No. 500 and 515 be, are the same and is
hercby amended by adding the following underlined language and deleting the following
..Arikefl--traugh language, which reads as follows:
Section 500.61 Waiver of Plat.
Subdivision. 1. Division. In certain circumstances a waiver of plat fffflybe DIU_bq
more appropriate than a subdivision to divide a property. An applicant may apply for a
waiver of plat if the following circumstances exist:
a) The division request is a substantially single line
b) That The division will not create more than one additional lot
c) TIh-A The division will not require the dedication of public right-of-way or
extension of utilities in a public right-of-way
Subdivision 2. Consolidation. In certain circumstances a waiver of plat may be
more a propriate than a subdivision to consolidate two lots into one lot, provided the
resulting, lot conforms to all applicable zoning ordinance requirements.
Subd. 2-3. Application. All applications for a wiwi-er waiverof
of plat must include
a survey of the property to be divided or consolidated and the new legal desc-41-3-fi-on
description(s) of the property after the division or consolidation. This survey will also
include locating all existing utilities on the property. The owner of the property must
grant easements for the utilities if needed. The application must also include evidence of
title to the property to be divided or consolidated in a form acceptable to the City
Attorney.
Subd. -4. 4. Action by the Commission. Application for a waiver of plat for a
division under Section 500.61 Subd. I shall be referred by the planning department to the
Zoning & Planning Commission, which shall hear the applicant or representative thereof
at its next regular meeting, provided all necessary data have been submitted. The
Commission shall recommend such conditions relating to the granting of the waiver as it
deems necessary to---se—a-s to carry Out the intent and purpose of this code and the
standards in Subd. I or s4iatl recommend denial of the request. The Commission's
recommendation shall be forwarded to the City Council.
Subd. 5. Action by the Zoning Administrator. An application for a waiver under
Section 500.61 Subd. 2 for the consolidation of lots shall be subject to administrative
review and apmoval by the Zonim4 Administrator. ....The Zonin, Administrator may
. ....................
impose conditions on the approval.
Subd. 4-. 6. Filing. Applications for a waiver of plat shall be filed with the Zoning
Administrator with Such filing fee as may be from time to time cstablished by resolution
of the City Council.
Subd. 7. The Applicant shall record a lot division or consolidation with the
I-lenneoin Countv Recorder or Registrar of Titles within 30 days-"ofauvroval. In the case
of a lot di all be recorded. In a lot
consolidation, the Zonim,, Administrator shall Provide the a). licant with written
certification of the City's approval of the consolidation, which shall then be recorded.
515.07, SUbd. 61. Dav care facility: a licensed facility in which care is provided for one
or more children as defined and regulated per M.S.A.245 A -78 -1 -
First Reading: July 1, 2014
Second Reading: July 15, 2014
Date of Publication: July 24, 2014
Date Ordinance "Fakes Effect: July 24, 2014
ATTEST:
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
Eugene J. Maxwell, Mayor