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VI.4. First Reading: Zoning Ordinance Amendment – Performance Standards/Site Plan Approval; Anderson (CR2015-059)April 29, 2015 � CouneiI Report 15-59 ZQNING �RDINANCE AMENDMENT — PERFORMANCE STANDARDSISITE PLAN APPROVAL Pro osed Action Staff recommends th� folInw�ng motion: Move_ to adopt R�solutian 15-42,., appraving Ordinance 15-1095, amendin� the zoning.ordinance re ag rc�in�performance standards and site plan approval for first readin� At the Zoning and Planning rr�eeting Mr. Firth moved and Mr. Hunke seconded a motion to adppt Resolution RZ15-8, recommending approval of Ordinance 15-109�, amending the zoning ordinance regarding performance standards ana site plan approval. The nnotion was was approved unanimously. Overview Performance standards regulaie such items as noise, orders, vibrations, etc. A recent case o� reviewing ti�e performance standards, staff realized that the standards have not been updated for a least 40 plus years. Since staff uses the Minnesota PollUtion Control Agency (MPCA) for guidance and expertise on mast of the regulations, it seems that the City should also use their regulations for the performance sfandard requirements. This ordinance is similar to what Minnetonka uses for their performa�ce standards. The ordinance will also amend the site plan approvaI ardinance ta ensure that a development has sidewalk and trail connections. Primar Issues to Consider • What are the praposed amendments? • What was the discussion at the Zoning and Planning meeting? Supportin� Documents • Analysis of Issues • Resolutian 15-42 �rdinance 15-1095 Nancy . Anderson, AICP City Pla er Financial Tmpact: $ NfA Budgeted: YIN N Source: Related Documents (CIP, ERP, etc.): Notes: CR 15-59 Page 2 Primar_y Issues to Consider What are the proposed amendments? 515.07. Subd 62. Decibel: decibel means a unit of sound pressure �eveI dB. 515.07. Subd. 108. Haurs - daytime: Daytizne hours are those from 6:00 A.M. to 9:00 P.M. S 15.07. Subd. ] 09. Hours - nighttime: Ni�ht�ime hours are those from 9:00 P.M. to 6:00 A.M. 515.07. Subd. � 53. Noise level L10:__ L10 means the noise level, expressed in DB (A) which is exceeded 10°/a o�the time far a one hour surve . The surve hour must be the noisiest hour during a representative daytime or nighttime. S 15.07 Subd. 154. Noise level L50: L54 means the noise, level expressed in decibels dB(A} whict� is exceeded 50% of the time for a one hour, survey. The survey hour rnust be t11e noisiest hour durin� a representative daytime or ni ittime. 52b.0�. Subd. 1. q) alI access ta public sidewalks, street and alleys available to occupants and users, including a showin� that adequate facilities for pe�iestrian traffic and acces� are or will be provided_ . - . ■ . � - ■ ■ . �� . �� _ • �� . „ • �� . . _ �� a� _ � �� - - + � ...:,�:.:.:,.a . C„1.3_ 2 aT�,;ne r+�+,�n,-.a�, CR15-59 Page 3 � Don;.7o„�;.,1 �crrcrczr �� i-`..�,� _Ta sCi � •� ��iiiEL�iiii�L" 555.01. Noise. Noises emanating from an_y use shall be in compliance with and regulated by the standards of the IVlinnesota Pollution Control A enc . An use established or remodeled after the effective �ate of this ordinance shall be so o erated as to revent vibration discernable at a�y point be�nd the lot line of the site on which such use is .located. The City ma.� limit the hours of operation of outdoar noise if it is deemed neeessary ta reduee impact on the surroundin nei borhood. 555.03. Smoke and particulate matter. ? T�es �'.:�'.s �� .,., .��a �� *� ��, *"� �m; • �' vr� u yµ µ.> LV VV11L1V1 411V V31113J3V1TVL 7 5 • '"r ¢''o D:�,,.armn�ri r-��,�,.�. No use shalt roduee or emit smoke dust ar articulate matter L Vll l�ll�r 2t111 exceedin a licable re lation established b tYae Minnesota Pollution Control A enc . 555.04. Radiation. No o eration shall be conducted which exceeds the standards established b a licable re lation of the Minnesota De artment of Health. 555.05. Toxic or r�oxious matter. r'�„ ��„r^=°��"�•� +'�� *_�. No use ar operation sl�ail emit a concentration of toxic or noxious matter across the ro ert line which exceeds a licable re �ations of the Minnesota Pallution Cantrol A�� 555.06. Elec�roma�netic interference. No use shall produce,electramagnetic interference with normal radio or television reception in an. residential distr�ct, or exceed applicable standards established by any applicable Federal ar state re _�ulations. 555.07. Odors. , , �''a '^+':-'� �� +"� "'�� " `.'';"'� ,�'� , � '�^�+��'. NQ use shall produce unreasonable or disturbing odors bevand the pro�erty l�ne exceeding ap��icable z-e��lation estab�ished bv the Minnesota Pollution Connol A e,� ncy. 555.09. Vibration, �Ana� i:,i.v:5 �c,r:✓�.+:" ..: a:� o�,-tl� �l,nl.;,, .,;1,,..,r; ., l� � .l,o o+.a J �'•b Y` W�v VVLlbll u�....�...� v,v�u��v.�o� o'c'sc. *�-'^^�� *M•�*��. Ground vibratior7 and noise caused bv motor vehicles, trains, ar CR15-59 Page 4 temporary construction or demolition shall be exempt frotn these re�ulations. Hawever, if c�eemed appropriate, the City inay establish limi�s on the hours of operation of temporary construction or demolition operation to limit off-site irnpacts. 555.11. Glare or heat. n.... , o o o,-�+;,,., „,.,�,,,.;,,,� ., ,,.a,-.�a �,a.,+ ,,,. a...,,,,+ ,:,,�.� . No use shall xoduce an unreasanable disturbin or unnecessar emrssion af heat ar hurnidit be ond the vropertv line_ which cause material distr�ss, diseomfort or injury to persons of ardinarX sens_.. __itivity. 555.13. Fire and Explosives Hazards. ��e-�e � �ar-��t�e��i �n�' � ak �^� *'�� p�'ti��^* �'„� All uses shall be subject to �he fire prevention cade of tl�e City. 555.18. �ar^R+o ,,.,�+a�:�' Liquid ar_Salid Waste. u�n�+a ,,,.�tori.,� ,. „it..,n �.,,,,, „ �oa , 9 f ) ? r��,�'ry*;^*�� n„�' �*��'�r-'� +'��--�� -� All uses shall be subject to applicable re�ulations of the City and the Metropolitan Waste Contz-ol Commission �overnin�dischar�e into a public storm or sanitary sewer, waterway ar strearn. Other uses listed in Section 515 and 555 are to be renumbered accordingly. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the propased amendments. No one appeared at the public hearing. Alternatives 1. Approve the proposed arnendments to the zoning ordinance. By appro�ing the amendments to the zoning ordinance, the zoning ordinance will be amenc�ed. 2. Deny the amendrnents to the zaning ordinance. By denying the amendments to the zoning ordinance, the zoning ordinance will will not be amended. If the City Council considers this alternative, findings will have to be identified that support this alternatrve. 3. Continue for further inforn�ation. If the City Council indicates that furtlier information is needed, the item should be cantinued. CITY OF H�PKINS Hennepin County, Niinnesota RESOLUTION NQ: 15-42 RESOLUTION MAKING FINDINGS QF FAGT AND APPROVING ZONING AMENDMENTS TQ THE PERFORMANCE STANDARDS AND SITE PLAN APPROVAL WHEREAS, an application for Zoning Amendment ZN 15-5 has been ini�iated by the City oF Hopkins; WHEREAS, t�e procedural history of the application is as follows: 1. That an application for zoning amendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and �'lanning Commission published notice, held a public hearing an the application and reviewed such application Qn April 28, 2015: all persons present were given an opportunity to be heard; and, 3. That the written comrnents and analysis of City staff were considered. NOW, THEREF�RE, BE IT RESOLVED that �he application for ZQning Amendment ZN i 5-5 is hereby approved based on the following Findings of Fact; 1. That the Zoning and Planning Comrr��ssion reviewed the proposed ordinance. 2. That it was determined that the performance standards needed updating. 3. It was determined to use as reference the M�nnesota Pollution Control Agency for most of the performa�ce standards 4. The site plan appraval ardinance will be arnended to provide conz�ections to sidewalks and trails. Adopted this Sth day of May 2015. Eugene J. Maxwell, Mayor ATTEST: Arny Domeier, City Clerk CITY aF HOPKINS Hennepin County, Minnesota ORDINANCE N0. 2015-1095 THE COUNCIL OF THE CITY OF HOPKINS D4ES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 515, 526 and 555, is the same and is hereby amended by add.ing the following underlined language and cieleting the following �� language, which reads as follows: � 15.07. Subd b2. Decibel; decibel rneans a unit of saund pressure leve� dB. 515.07. Subd. 108. Hours - davtime: Davtime hours are those from 6.00 A.M. to 9.Q0 515.07. Subd. 109. Hours - ni�httime: Ni�httirne hours are thase from 9:00 P.M. to 6:00 A.M. � S 15.Q7. Subd. 153. Noise leve] L10: L10 means the noise level, expressed in DB (A), which is exceeded 10% of the time for a one hour survey. The survey hour must be the noisiest hour durin� a representative davtime ar nighttime. 515.07 S�bd. 154. Noise level L50: L50 means the noise level ex ressed in decibels dB(A) which is exceeded 50% of the time for a one hour survey. The survey hour must be the noisiest hour durin� a renresentative �iaytime or ni ttime. 526.02. Subd. 1. q) all �ccess to public sidevvalks, street and alleys available to occupan�s and users, including a showin� that adequate faci�ities for pedestrian traffic and access are or will be provided. . � � � . �, - - , - : - � • �� - - - - , . �' - �l_��. .�. - �� i/ a � � • � � � � � .•� � �� a �� _ �!!�S!!S!f �� i� � � �� vriai�� n r.�...� �. tlb tl� � � � � �� tl � tl� � 7� Vt7 555.01. Noise. Noises emanating from any use shall be in compIiance with and re�ulated by the standards of the Minnesota Pollution Control A�enc�y use established or remodeled after the effective dat� of this ardinance sha�l be so operated as to prevent vibration discernable at an oint be ond the lot line of the site on which such use is located. The Cit ma also linnit the hours of o eration of outdoor naise if it is deemed necessar to reduce im act on the surroundin _g nei borhood. ti..,,,, �-. +oa �,. �,.,,, ��.,o • • � 555.03. Smo � ari particu ate matter. ��es��a=-��so�,�� co^irrrorcrn. c-mr;r�i^vn—^vr � x . ��^�'m��n r'�� No use shall produce or emit smoke, dust or particulate matter exceeding a��Iicable re�ulation established by the Minnesota Pollution Control A e� ncv. SS5.04. Radiation. No operation shall be conducted which exceeds the standards established by at�nlicable re�ulation of the Minnesota Department of Health, 555.05. Toxic or nQxious matter. �� ,�� ac*��"�'�a� �'��1, �,n c -�+oa � �ra;ri,. *n ��...r . Na use or operation shall emit a cancentration of toxic or noxious matter across the property Iine which exceeds applicable regulations of the Minnesota Pollution Gontrol A�ency. SSS.Ob. Electroma�netie interference. No use shall produce electrarr�a�netic interference with norrnal radio or te�evision reception in any residential district, or exceed applicable standards established by an�pplicable federal or state re�ulations. 555.07. Odors. , , t�.�*�-^��:.�t�n��n�3�-'��«. No use shall roduce unreasonable or disturbin� odors beyond the property line exceedin� applicable re�ulation established by the 1Vlinnesota Pollutian Control A�ency. 555.09. Vibration. n�,.� , on+;,,n „ „a;,, o.,,-��, ��,.,i�;,,,. �,;�„-.,�;�.,� ,,.�, � ,�,o ,. o.,�aa , � �� „�*-�,�*;n� Ground vibratian and noase caused b motor vehicles frains or tem orar consiruction or demolition sh�ll be exern t from these re lations. However if deemed appropriate, the City may establish limits on the haurs of operation of temporary construction ar demolition opera�ion to lirr�it off-site impacts. 555.11. Glare ar heat. �.,,,,., �.e:,,n .a�,a,.��.io .,+ ,�,o �,.� i:�o ��,o �;40 „..�,<�k ��,o . o � i,.�„faa. No use shall produce any unreasonab�e, disturbin� or uruiecessarv emission of heat or huinidity be oy nd the �araperty line which cause material distress, discoinfort or in�ury to persans of ordinary sensitivity. 555.13. Fire ar�d Explasives Hazards. , , nnn � o+ �.,,,,, +�,� �,a:n�..;�t �:�a. All uses shall be subj�ct ta the fire preven�ion cad� of the Cit� 555.1$. �x'��*� m�*�-��, Liguid or Solid Waste. � � 9 � M,'�+s�„�_�� c*��a�r�� '��r�� r� All uses shall be subiect to applicable re�ulations of the City and the Metropolitan Waste Cantral Cnr��missian�overnin� dischar�e into a public storm or sanitarv sewer, waterway or stream. Qther uses listed in Seetion 515 are to be renumber�d accarc�ingly. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Amy Domeier, City Clerk May S, 2015 May 19, 2015 May 28, 2015 May 28, 2415 Eugene J. Maxwell, Mayor APPRC)VED AS TO FORM AND LEGALITY: City Attorney Signature Date