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V. 1. Application 2018-03-TA: Auto Related Use Zoning Text AmendmentMarch 27, 2018 4ca Planning Application 2018-03-TA Auto Related Uses Zoning Code Text Amendment Proposed Action Staff recommends the following motion: Move to adopt Planning Commission Resolution 2018-01, recommending the City Council approve an ordinance amending the City Code related to auto related uses. Overview This application was initiated by staff in response to recent code enforcement complaints and a study of auto related uses in Hopkins. This study found Hopkins has at least 37 automobile repair or sales uses primarily concentrated in three areas. Some are creating code violations and the existing zoning standards for these uses have variations that make administration challenging. Staff believes these conditions are having a negative impact on adjacent properties and surrounding neighborhoods and are inconsistent with the goals and policies in both the Comprehensive Plan and the 2018 Goals & Strategic Plan. The proposed zoning changes will eliminate inconsistencies in the existing zoning regulations, implement the Comprehensive Plan and 2018 Goals & Strategic Plan, and help mitigate the impact of auto related uses on adjacent properties and surrounding neighborhoods. During the February meeting, the Commission voted to table this items until March to allow more time for public comment. Primary Issues to Consider • Prior Action by the Planning & Zoning Commission • Comments Since the February Meeting • Background • Economic Data • Legal Authority • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non -Conformity Issues • Alternatives Supporting Documents • Planning and Zoning Commission Resolution 2018-01 • Draft Ordinance Amendment • Zoning Maps • Written Comments Jason Lindahl, City Planner Financial Impact: S N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Planning Report 2018 -03 -TA Page 2 Primary Issues to Consider Prior Action by the Planning & Zoning Commission. The Planning & Zoning Commission held a public hearing to review this item during their regular meeting on February 27, 2018. State law requires the City to publish notice of this hearing in the local paper. Based on the City's "Take it to them" engagement strategy, staff took the additional step of mailing notice of this application and meeting directly all of the auto related uses along Mainstreet. During the February 27`' meeting, the Commission heard a summary presentation from staff as well as comments from auto related businesses along Mainstreet. These business included Dale Feste Automotive, Firestone, Luther Hopkins Honda, Smith Auto Care, and Walser Chrysler Jeep Dodge Ram. These owners asked questions about how the proposed zoning changes would impact their businesses and stated their concerns with the provision that would prohibit automobile repair or sales along Mainstreet. The attorney for Richard Rotenberg, owner of 1413 Mainstreet, also submitted a letter stating their opposition (attached). In response, staff acknowledged the concerns of these businesses and recognized their importance to the local economy. The City's concerns are focused on the number and concentration of these businesses, code enforcement issues, conflicts in zoning regulations and consistency with the City's future plans for Mainstreet. Staff reminded the Commission that any legally existing use at the time of any zoning changes would be allowed to continue through repair, replacement, restoration, maintenance, or improvement but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. Overall, "grandfathered" uses would be allowed to continue, and all properties would have the option of operating as any of the other permitted commercial, entertainment, office, recreation, residential or retail uses. After hearing this discussion, the Commission asked questions of both staff and the businesses about the proposed zoning changes. The Commission asked staff to provide economic data comparing auto related uses with other uses along Mainstreet (see below) and voted to table the item until March to allow more time for public comment. Comments Since February Meeting. Three businesses have provided additional comments since the February meeting. The owner of Feste Auto (1801 Mainstreet) contacted staff with concerns about the provision requiring overhead doors to remain closed citing additional expense of cooling their business in the summer. The owners of PC Auto (1215 7' Street South) contacted staff to learn about the proposed zoning changes and how they could impact their existing site and their ability to move to other sites in Hopkins. Luther Companies, LLP submitted a letter stating their concerns with the proposed zoning changes and offering their own recommended ordinance revisions. Both are attached for your reference. Staff review of these comments with the City Attorney rejects Luther's claims that staff's recommendations do not have a rational basis in direction from the City Council or the Comprehensive Plan or that the proposal is an attempt to force out businesses, reduce their value and is in some way a form of taking. Staff reviewed the proposed zoning changes with the City Council during their February work session and was directed to proceed with the text amendment. Similarly, staff updated the City Council during their March work session. The basis for this text amendment is detailed in the Background, Legal Authority and Consistency Planning Report 2018 -03 -TA Page 3 with the Comprehensive Plan sections of this report. Luther's comments cite several statements from the comprehensive plan referencing the concept of supporting and enhancing existing businesses. It is the City's position that the proposed text amendment will create zoning regulations that support the overall business community by seeking to establish more appropriate location and development standards for auto related uses and mitigating their impacts on adjacent properties and surrounding neighborhoods. Overall, staff rejects Luther's recommended changes on the basis that they fail to address the City's overall concerns with auto related uses throughout the community. More specifically, Luther's recommendations fail to address the City's concerns regarding the number and concentration of these businesses, code enforcement issues, conflicts in the zoning regulations and consistency with the City's future plans for Mainstreet. However, staff is willing to study how to incorporate Luther's specific recommendations regarding repair activities that occur outside in Section 535.03, Subdivision 3(A)2 and gasoline sales/pumps in Section 535.03, Subdivison 3(9). Background. Recently, the City conducted a study of auto related uses in Hopkins. This study found that Hopkins has at least 37 automobile repair and sales uses. This number does not include brokers that operate an office with no inventory or have an inventory they keep inside. In addition, the automobile repair use terms in the Business and Industrial zoning districts are inconsistent with the terms detailed in the Definition section of the Zoning Ordinance. This analysis also found that auto related uses are clustered in three main areas: west of 11t1i Avenue South, along Excelsior Boulevard north of the Blake School and along the west end of Mainstreet (see attached maps). It should also be noted that these uses along Excelsior Boulevard are located in the B-4, Neighborhood Business District which does not allow automobile repair or sales uses and a few of the these uses located along the west end of Mainstreet have recently generated significant code enforcement complaints. As a result of these findings, staff recommends the zoning changes detailed in this report. Economic Data. The Planning & Zoning Commission asked staff to compare tax revenue for auto related uses with other properties along Mainstreet and those in the Downtown Overlay District. Using Hennepin County property records, staff analyzed the taxes paid per square foot for land along Mainstreet and in the Downtown Overlay District. It should be noted this analysis excluded tax exempt properties. This analysis found the average tax payment for properties along Mainstreet is $1.66 per square foot while the average in the Downtown overlay District is $3.33 per square foot. By comparison, auto related uses along Mainstreet pay an average of $1.33 per square foot of land. Hopefully, this information helps address the Commission's economic questions. Overall, staff would focus on how the proposed zoning change will address the number and concentration of these businesses, code enforcement issues, conflicts in zoning regulations and consistency with the City's future plans for Mainstreet. Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Staff finds the proposed zoning changes reasonable and supported by a rational basis as they seek to address the number and Planning Report 2018 -03 -TA Page 4 concentration of auto related businesses, code enforcement issues created by how these businesses operate, conflicts in zoning regulations and consistency with the City's future plans as detailed in the Comprehensive Plan and the City Council's 2018 Goals and Strategic Plan. Consistency with the Comprehensive Plan. The proposed zoning ordinance text amendment would update the City's zoning regulation for auto related uses including automobile repair, automobile sales and/or leasing, junk vehicles and outdoor storage. Staff finds the proposed changes consistent with the applicable goals and implementation strategies from the Comprehensive Plan and the City Council's 2017 Goals and Strategic Plan. The applicable goals and strategies are detailed below. 1. Protect and Enhance Downtown Hopkins. According to the comprehensive plan, it is rare to have a distinctive, pedestrian -scale, commercial area set in the heart of a small suburban community. Downtown Hopkins and Mainstreet give the City a strong central focus and sense of place, or identity, that many other communities find very difficult to recreate. Major improvements have been made downtown in recent years through public- private cooperative efforts. Staff finds it is important to safeguard and attempt to enhance this investment by revising the City's zoning regulations to include land uses and development standards that protect and support the City's vision for Downtown and Mainstreet. 2. Continue to coordinate land use and transportation needs. Coordinated land use and transportation standards are crucial to the future of Hopkins and its redevelopment efforts. This goal calls on the City to continually assess the relationships between land use and transportation in two ways: by assessing the impacts of redevelopment on the existing transportation systems and, in some cases and locations, assessing the impacts that new transportation improvements will have on land use. Staff finds the proposed changes will improve the relationship between land use and transportation in these targeted areas by addressing the number and concentration of auto related businesses, code enforcement issues created by how these businesses operate, conflicts in zoning regulations and consistency with the City's future plans as detailed in the Comprehensive Plan and the City Council's 2018 Goals and Strategic Plan. 3. Review and Update Zoning and Subdivision Regulations. In addition to the eight primary goals, the Comprehensive Plan identifies strategies to implement these goals. Specifically, the Comprehensive Plan identifies the implementation strategy to review and update the City's zoning and subdivision regulations. Updating the zoning regulations for auto related uses including automobile repair, automobile sales and/or leasing, junk vehicles and outdoor storage will revise the specific standards necessary to implement the City's goals. In addition to the Comprehensive Plan the City Council also creates an annual strategic plan. Applicable goals and action steps from that document include "Preserving the Community's Home Town Feel" and "Enhancing the Mainstreet Experience." The proposed zoning changes support these goals and action steps and will encourage reinvestment and redevelop in these targeted areas. Zoning Standards. The proposed zoning ordinance text amendment would revise the Planning Report 2018 -03 -TA Page 5 development standards for auto related uses including automobile repair, automobile sales and/or leasing, junk vehicles and outdoor storage regulations. The proposed zoning changes are summarized below and detailed in the attached draft ordinance. Definitions. Staff proposed eliminating the definition for "Automobile or Motor Reduction Yards" and revising the definition for "Open Storage." The definition for "Automobile or Motor Reduction Yards" is no longer needed because this use is not located within the City. The definition for "Open Storage" should be revised to specify the activities that can occur under this term, where it can be located and how it may be screened. Business Districts Uses and Standards. The proposed changes to the Business District standards seek to create consistency and fully implement existing automobile repair definitions, change automobile repair from a permitted to a conditional use, and update the existing conditional use standards for automobile sales and/or leasing. The use terms for automobile repair in the Business Districts do not match the terms in the Definitions section of the Zoning Ordinance. The Business Districts lists "Auto Repair" as a permitted uses; however, the zoning definition sections specifies both "Minor Automobile Repair" and "Major Automobile Repair." These definitions are provided below. The most significant difference between these terms is the minor category limits vehicles to 9,000 pounds rated capacity and does not allow body work, frame work, welding or major painting services. The major category allows larger vehicles and body work and painting services. Automobile repair - major: general repair, rebuilding or reconditioning of engines, motor vehicles, trailers, including body work, frame work, welding and major painting service. Automobile repair - minor: the replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential, incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles, motor cycles, snowmobiles, small engines and trucks not exceeding 9000 pounds rated capacity. The proposed zoning amendment would also change automobile repair from a permitted to a conditional use and update the existing conditional use standards for automobile sales and/or leasing. Automobile Repair — Minor changes from a permitted to a conditional uses in the B-3, General Business District. Most notably, the new conditional use standards creates site design standards that prohibit these uses along Mainstreet or abutting residential activity, require all repairs to occur within a building, reinforce existing parking standards, prohibit outdoor storage and require junk vehicles to be stored inside a building. The Business District changes also recommend updating the existing conditional use permit standards for Automobile Sales and/or Leasing. Like the new standards for Automobile Repair — Minor, the standards for Automobile Sales and/or Leasing create site design standards that prohibit these uses along Mainstreet or abutting residential activity. The recommended changes also update standards for lighting, outdoor storage, junk vehicles, circulation, signs and requires dealers to obtain and maintain state and city licenses. Planning Report 2018 -03 -TA Page 6 Industrial Districts Uses and Standards. Proposed changes to the Industrial District standards seek to create consistency and fully implement existing automobile repair definitions, change automobile repair from a permitted to a conditional use, and create new conditional use standards for Automobile Repair - Major. Currently, "Vehicle Painting, Body Work, Repair" is a permitted use in the Industrial districts. The proposed amendment would changes "Vehicle Painting, Body Work, Repair" to "Automobile Repair — Major" and change it to a conditional use. The conditions for Automobile Repair — Major would be the same as those for Automobile Repair — Minor except that the major category would allow larger vehicles, auto body and painting services and outdoor storage with screening. Junk Vehicles. The proposed amendment would also change the City's standards for junk vehicles. The current standards for junk vehicles allow them to be stored outside in any commercial or industrial district for up to 30 days. The 30 day period may be extended another 150 days (for a total of nearly 6 months) for vehicles awaiting a Sheriffs sale. This standard is very difficult to administer and has the potential to change automobile repair establishments into junk yards or outdoor storage facilities with significant impacts on surrounding neighborhoods. The new standards for junk vehicles would make it unlawful to park, store or leave any junk vehicle on any public or private property unless it is stored inside an enclosed building or located at a lawfully zoned and operated recycling center. Potential Non -Conformity Issues. As with any change to the City's regulations, this zoning ordinance text amendment has the potential to create sites that are non -conforming or do not meet the new proposed standard. According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a statutory right to continue through repair, replacement, restoration, maintenance, or improvement but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. The scenario described above would apply to any of the existing automobile repair or sales uses that abut Mainstreet or any residential activity. These businesses would become what is commonly referred to as "Grandfathered" which means they would be allowed to continue as they are prior to the zoning changes but could not expand without meeting the new standards. It should be noted that should the City approve the proposed zoning text amendment, the two vacant automobile repair businesses at 1201 Mainstreet (Firestone Auto) and 1413 Mainstreet (Home Town Auto) could not re -open as automobile repair uses. Alternatives. To take action on this item, the Planning & Zoning Commission has the following options: 1. Recommend approval of the proposed Zoning Code text amendment for auto related uses. By recommending approval, the City Council will consider a recommendation of approval. 2. Recommend denial of the proposed Zoning Code text amendment for auto related uses. By recommending denial, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings must be identified that support this alternative. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota PLANNING AND ZONING COMMISSION RESOLUTION NO. 2018-01 A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR AUTO RELATED USES WHEREAS, the City of Hopkins initiated an application to amend the Zoning Ordinance for auto related uses; and WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the Zoning Ordinance for auto related uses was initiated by the City of Hopkins on January 26, 2018; and 2. That the Hopkins City Council reviewed and discussed this item during their February 14, 2018 work session; and 3. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing to review such application on February 27, 2018 and all persons present were given an opportunity to be heard; and 4. That written comments and analysis of City staff were considered. 5. That during the February 27th meeting, the Hopkins Planning & Zoning Commission voted to table this item until their March 27, 2018 meeting to allow more time for public comment; and 6. That the Hopkins City Council was updated on this item during their March 20, 2018 City Council meeting; and NOW, THEREFORE, BE IT RESOLVED that an application to amend the Zoning Ordinance for auto related uses is hereby recommended for approval based on the following Findings of Fact: 1. The zoning ordinance text amendment is consistent with the goals and implementation strategies of the Comprehensive Plan, the 2018 Goals & Strategic Plan and will protect the health, safety and general welfare of the City of Hopkins. Adopted this 27th day of March 2018. James Warden, Vice Chair CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO.2018-XXXX AN ORDINANCE AMENDING SECTIONS 515.07, 535 AND 540 OF THE CITY CODE RELATED TO AUTOMOBILE SALES AND AUTOMOBILE REPAIR THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 515.7, Definitions, is hereby amended to add the following: Subd. 169. Open Outdoor storage: adjaeen4 to a r-esiden4ially zoned area used for- sueh ptir-pos > > ,- ifwentery> > > Orad. °�TExterior depository, stockpiling, or safekeeping of all merchandise, materials, supplies, products (finished or unfinished), equipment, vehicles or trailers, or the like. Outdoor storage does not include required off-street parking areas. Outdoor storage areas are located within a clearly defined boundary and may be enclosed by a structure that includes a roof but no side walls or anv uncovered areas surrounded by fencing. bermina. landscaniniz or other screening material. SECTION 2. 535 Subdivision 3, Permitted Uses, is hereby amended to add the following: Permitted Uses B-1 B-2 B-3 B-4 .eerstree t� . . e NIMPsT:rrr_f.rs _ 10. Automobile Sales and/or Lease (2)XA 74. X Subd. 169. Open Outdoor storage: adjaeen4 to a r-esiden4ially zoned area used for- sueh ptir-pos > > ,- ifwentery> > > Orad. °�TExterior depository, stockpiling, or safekeeping of all merchandise, materials, supplies, products (finished or unfinished), equipment, vehicles or trailers, or the like. Outdoor storage does not include required off-street parking areas. Outdoor storage areas are located within a clearly defined boundary and may be enclosed by a structure that includes a roof but no side walls or anv uncovered areas surrounded by fencing. bermina. landscaniniz or other screening material. SECTION 2. 535 Subdivision 3, Permitted Uses, is hereby amended to add the following: Permitted Uses B-1 B-2 B-3 B-4 8. Automobile Repair - Minor X- 2 XB 10. Automobile Sales and/or Lease (2)XA 74. X SECTION 3. 535.03, Subdivision 3, Conditional Use Requirements, is hereby amended to add the following: A) Automobile Repair - Minor 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automotive repair use shall be located on a site abutting Mainstreet or any residential use or district. Sites or properties separated by public right-of-way, other than an alley, shall not be considered abutting. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within an enclosed building except minor maintenance, including tire inflation, addingoil, '1, wiper replacement and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building. 3. All vehicles shall be parked in compliance with Section 550, "Off Street Parking' and display a current license plate with a current license tab. No site shall contain more vehicles than can be placed in accordance with the minimum standards of Section 550. 4. No vehicle shall be parked or positioned to interfere with access to any repair bay or any required parking, loading, oading, maneuvering or pedestrian area. 5. Outdoor storage of parts, materials, or equipment is prohibited. 6. Junk vehicles awaiting repair or pick up shall comply with Section 550.01, Subdivision 11 (Junk Vehicles). 7. All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code. 8. No public address system. 9. Gasoline pumps/sales shall require a separate conditional use permit subject to the performance standards for Service Stations. 10. All vehicle sales shall require a separate conditional use permit subject to the performance standards for Automobile Sales and/or Lease. B) New Automobile Sales and/Lease ' . 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automobile sales use shall be located on a site abutting Mainstreet or any residential use or district. Sites or properties separated by a public right-of-way, other than an alley, shall not be considered abutting. 2. The sales lot shall not be larger in square footage than the square footage of the building devoted to the related business; 3. A 20 -foot front yard setback in which there shall be no auto parking. Within this 20 -foot setback there shall be a permanent barrier of landscaping; ( Amended Ord. 90-672) (Amended Ord. 94-747) 4. ; Lighting: Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. a. Any light fixture must be placed in such a manner that no light emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level. b. Light shall be directed toward the ground. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent directlg are. c. The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumen at any nonresidential property. line. d. The maximum height for exterior lightingis s thirty f�30'). The maximum height for exterior lighting within one hundred feet (100') of a residential use or district shall be twenty feet (20'). e. All nonessential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security. 6. The auto sales lot shall not include vehicles over a 9,000 lb. rated weight; IMI -01 W • •_ 8, All > assembly, building exeept minor- > ineluding tire inflation, adding oil and r-eplaeemefit; (Added Ord. 96 797). Any repair, assembly, disassembly or maintenance of vehicles, except minor maintenance such as tire inflation, adding oil and wiper replacement, shall require a separate conditional use hermit subiect to the performance standards outlined in for automotive repair. 9. Outdoor storage of parts, materials, or equipment is prohibited No etAside storage o displa except licensed vehicles for sale or Fent lease; (Added Ord. 96-787) 10. Junk vehicles awaiting pick up shall comply with Section 550.0 1, Subdivision 11 (Junk Vehicles). 11. No public address system; (Added Ord. 96-787) 12. No test driving of vehicles on local residential streets; (Added Ord. 96-787) 13. Used car lots shall be permitted only when an integral part of a new car dealership. (Added Ord. 05-941) 14. The outdoor sales or display area shall not interfere with circulation in any required parking, loading, oading, maneuvering or pedestrian area. 15. Signs shall conform to the performance standards outlined in Section 570 (Signs,) as well as the standards listed below: a. Pennants, balloons, streamers, pinwheels or other attention attracting devices are prohibited. b. No freestandinglight ight poles shall be uses as temporary sign supports, as flag=poles or to connect flags, streamers, or pennants. c. No graphics shall be painted on the building or windows. d. Open hoods of vehicles, windshields, car windows, trunks, roofs or the like shall not be used for individual letters or other signage e. No vehicle or trailer shall be parked in such a manner as to advertise the site location, or to promote or advertise a sale or event. 16. All necessary city or state licenses/permits shall be obtained and remain in good standing_ SECTION 4. 540.01, Industrial Districts, is hereby amended as follows: Permitted Uses I-1 Industrial 1-2 General Industrial work, Automobile X X Repair - Major SECTION 5. 540.03. Conditional Uses: I Districts, is hereby amended as follows: Auto Repair - Major 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automotive repair use shall be located on a site abutting Mainstreet or any residential use or district. Sites or properties separated by public right-of- way, i_hg t of - way, other than an alley, shall not be considered abutting. 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within an enclosed building, except minor maintenance, including tire inflation, adding _ oil, 1, wiper replacement and the like. All overhead vehicle doors on the building shall remain closed exceat when a vehicle is entering or exiting the building_ 3. All vehicles shall be parked in compliance with Section 550, "Off Street Parking" and display a current license plate with a current license tab. No site shall contain more vehicles than can be placed in accordance with the minimum standards of Section 550. 4. No vehicle shall be parked or positioned to interfere with access to any repair ba.. or required parking, loading, maneuvering or pedestrian area. 5. Outdoor storage of parts, materials, or equipment shall comply with Section 435 (Outdoor Storage. 6. Junk vehicles awaiting repair or pick up shall comply with Section 550.0 1, Subdivision 11 (Junk Vehicles). 7. All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code. 8. No public address system. 9. Gasoline pumps/sales shall require a separate conditional use permit subject to the performance standards for Service Stations. 10. All vehicle sales shall require a separate conditional use permit subject to the performance standards for Automobile Sales and/or Lease. 11. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter in compliance with Minnesota pollution control standards and applicable fire and buildingcodes. SECTION 6. 550.01, Subdivision 11. Junk Vehicles, is hereby amended as follows: Subd. 11. Junk vehicles. The ing ofanyjunk vehiele,asdefined in See =io i 515.07 Subd. 93for mote than Zn days withi any business dist-Fie 2 or B 4) or industrial dist-Fi t (T I or T 2) is prohibited, ineluding ing the pafk ng o vehieles awaiting r-epain The extension of no more than 150 days exten i be obtained for- vehieles awaiting Sher-ifPs sale upon appheation to the Gi Planner- and pr-esentation of evidenee suffieient to the Planner- of intent to sell vehieles at the Shefiff-s sale. (Added 0Fd. 07 . It is unlawful for any person to park, store or leave any junked motor vehicle, whether attended or not, upon any public or private property within the city, or for any person, as an owner of or an occupant having control of private property within the city to permit the parkin _ , storing toring or leaving of any junked vehicle upon such private property, unless such junked vehicle is within an enclosed building or structure lawfully situated upon private property or is so parked, stored or left upon private property lawfully zoned and operated as a recycling operation. SECTION 7. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Amy Domeier, City Clerk March 6, 2018 March 20, 2018 March 29, 2018 March 29, 2018 Molly Cummings, Mayor a - co M N N oa 0 N 0 N M coM 0 Zoning Map &Auto Repair/Sales Locations Hopkins, MN !!rill s 12 � 14 (:�n 0 18 3129 � 26 36 30 X { ' 'c 3. F�A 1 1 1 1 1 1 1 Rp Z 3RD ST N Z Q W VIM 18TLSTi N L 11 25 1).AINSTREET JD • W 19 x 38 4 28 3w a, 7TH ST S r WESTBRO O O�4 .c �q�A,AVE-r 11� , ID# Site Name Zoning District 20 1 Affordable Auto Service & AA Automotive Diagnostic Solutions B-3 General Business 2 Bellmobile B-3 General Business 3 Dale Feste Automotive B-3 General Business 4 Dealer Automotive Services B-3 General Business 5 Harmon Auto Glass B-3 General Business 6 Hopkins Auto Mall B-3 General Business 7 Hopkins Auto Services B-3 General Business 8 Inline X Automotive B-3 General Business 9 Jeff's Auto Service B-3 General Business 10 Jiffy Lube B-3 General Business 11 Luther Automotive Performance Studio B-3 General Business 12 Mainstreet Motor Company B-3 General Business 13 Meineke Car Care Center B-3 General Business 14 Smith Import Auto Care B-3 General Business 15 Smith Nielsen Automotive B-3 General Business 16 Smith Nielson Automotive B-3 General Business 17 Tires Plus B-3 General Business 18 Tommy's Garage B-3 General Business 19 Walser Chrysler Jeep Dodge B-3 General Business OW - February, 2018 ID# Site Name Zoning District 20 Home Town Auto B-3 General Business 21 Firestone B-3 General Business 22 Bill's Auto B-4 Neighborhood Business 23 Foreign Affairs Auto Service B-4 Neighborhood Business 24 Metro Motorcars B-4 Neighborhood Business 25 Midas B-4 Neighborhood Business 26 AAMCO Transmissions & Total Car Care I-1 Industrial 27 Ace Imports Auto Sales Inc 1-1 Industrial 28 Dooley's Garage 1-1 Industrial 29 Hopkins Auto Body 1-1 Industrial 30 Hopkins Tire & Auto Service I-1 Industrial 31 Jim Butler Repair 1-1 Industrial 32 PC Automotive 1-1 Industrial 33 Seward Auto Body 1-1 Industrial 34 The Paint Genie Auto Body & Paint I-1 Industrial 35 Vences Auto Repair I-1 Industrial 36 ATM Tires &Suggs Auto Repair I-2 General Industrial 37 Bill's Service Garage 1-2 General Industrial 38 Swedish Motors 1-2 General Industrial 39 Luther Hopkins Honda A Business Park j Legend e #O Auto Repair/Sales Locations Downtown Overlay District Municipal Boundary East End Overlay Disrict Roads West Mainstreet Overlay District Regional Trail PUD Wetlands O�) 100 Year Floodplain Zoning Districts (R-1 -A) Single and Two Family High Density (R -1-B) Single Family High Density (R -1-C) Single Family Medium Density (R -1-D) Single Family Low Density (R -1-E) Single Family Low Density (R-2) Low Density Multiple Family (R-3) Medium Density Multiple Family (R-4) Medium High Density Multiple Family (R-5) High Density Multiple Family (R-6) Medium Density Multiple Family 0 1,000 Feet Source: City of Hopkins, Hennepin County, & MnGeo (B-1) Limited Business (B-2) Central Business (B-3) General Business (B-4) Neighbhorhood Business 10 Mixed Use Business Park (1-1) Industrial (1-2) General Industrial 4M Landfill 4W Institutional BOLTON & M ENK Real People. Real Solutions. z LU a x 0 0 N a , ao ,M co VA - EEL 00 0 N N ' N Smith Zoning Map & Auto Repair/Sales Locations Hopkins, MN 2ND ST N z z zz z z z LU Uj LU a a a a a > Q x x x = x = r0 to L0 N Dale X Import Auto Care Tommy's Feste LU Garage Auto ZI MN f y 12 14 18 3 r X71 Mainstreet Motor Company N to LU a i = sN 1 Ir Bellmobile 1ST ST N Hopkins Auto Jeffs Auto Service Service s JMH o MAINSTREET To, EXCELSIOR BLVD N LU a 00 am JIB y 1 1 11 16 if Ol kro February, 2018 Legend e ® Auto Repair/Sales Locations Downtown Overlay District Municipal Boundary East End Overlay Disrict 4111111111111111111 Roads West Mainstreet Overlay District Regional Trail PUD Wetlands 100 Year Floodplain Zoning Districts (R-1-A)Single and Two Family High Density (R -1-B) Single Family High Density (R -1-C) Single Family Medium Density (R -1-D) Single Family Low Density (R -1-E) Single Family Low Density (R-2) Low Density Multiple Family (R-3) Medium Density Multiple Family 40 (R-4) Medium High Density Multiple Family 40 (R-5) High Density Multiple Family 40 (R-6) Medium Density Multiple Family 0 1,000 Feet Source: City of Hopkins, Hennepin County, & MnGeo (B-1) Limited Business (B-2) Central Business 40 (B-3) General Business (B-4) Neighbhorhood Business 40 Mixed Use Business Park (1-1) Industrial 41111111111111 (1-2) General Industrial 40 Landfill 410 Institutional ^I� BOLTON /t1 & MENK Real People. Real Solutions. 1 CO) Q � c cox a x EXCELSIOR BLVD N LU a 00 am JIB y 1 1 11 16 if Ol kro February, 2018 Legend e ® Auto Repair/Sales Locations Downtown Overlay District Municipal Boundary East End Overlay Disrict 4111111111111111111 Roads West Mainstreet Overlay District Regional Trail PUD Wetlands 100 Year Floodplain Zoning Districts (R-1-A)Single and Two Family High Density (R -1-B) Single Family High Density (R -1-C) Single Family Medium Density (R -1-D) Single Family Low Density (R -1-E) Single Family Low Density (R-2) Low Density Multiple Family (R-3) Medium Density Multiple Family 40 (R-4) Medium High Density Multiple Family 40 (R-5) High Density Multiple Family 40 (R-6) Medium Density Multiple Family 0 1,000 Feet Source: City of Hopkins, Hennepin County, & MnGeo (B-1) Limited Business (B-2) Central Business 40 (B-3) General Business (B-4) Neighbhorhood Business 40 Mixed Use Business Park (1-1) Industrial 41111111111111 (1-2) General Industrial 40 Landfill 410 Institutional ^I� BOLTON /t1 & MENK Real People. Real Solutions. a w t 00 t N W O O N d U) m 0 X z LU Q Zoning Map & Auto Repair/Sales Locations Hopkins, MN z W a' z W m z LAKE ST NE PSB G 37 $1 M February, 2018 VI"i�* qw . i w 1 w w• 1 w' mith ellen utomotivle �w ■d�00l z W Y oJ0 ' 1 00, Foreign Motorcars Affairs Auto 24 Midas Bill's Auto Service 25 22 23 EXCELslop BLVD rn � o � w w Y J Q 2 CO m a a Q z z o ° C Y� U It Q Legend e ® Auto Repair/Sales LocationsDowntown Overlay District 4� Municipal Boundary East End Overlay Disrict Roads N West Mainstreet Overlay District Regional Trail PUD Wetlands 100 Year Floodplain Zoning Districts (R-1-A)Single and Two Family High Density (R -1-B) Single Family High Density (R -1-C) Single Family Medium Density (R -1-D) Single Family Low Density (R -1-E) Single Family Low Density (R-2) Low Density Multiple Family (R-3) Medium Density Multiple Family 4M (R-4) Medium High Density Multiple Family (R-5) High Density Multiple Family 40 (R-6) Medium Density Multiple Family o loo Feet Source: City of Hopkins, Hennepin County, & MnGeo (B-1) Limited Business (B-2) Central Business - (B-3) General Business • (B-4) Neighbhorhood Business 40 Mixed Use Business Park (1-1) Industrial (1-2) General Industrial - Landfill 40 Institutional ^I� BOLTON /�1 & MENK Real People. Real Solutions. U) W Q 2 F - Zoning Map & Auto Repair/Sales Locations Hopkins, MN �IVW Hopkins Tire & Auto Service 30 The'Paint a ,Genie Auto M Body & Paint Vences 34 27 Auto Ace Repair Imports Auto 35 Sales Inc. Seward Auto Body 33 co W a x r PC Automotive 32 7TH ST S Swedis Moto"rrs,, Dealer Automotive Services 4 n Dooley§ Garage 2s 6TH ST S x 0 February, 2018 Legend e ® Auto Repair/Sales LocationsDowntown Overlay District Municipal Boundary East End Overlay Disrict 4111111111111111111 Roads 9 West Mainstreet Overlay District Regional Trail PUD Wetlands 100 Year Floodplain Zoning Districts (R-1-A)Single and Two Family High Density (R -1-B) Single Family High Density (R -1-C) Single Family Medium Density (R -1-D) Single Family Low Density (R -1-E) Single Family Low Density (R-2) Low Density Multiple Family (R-3) Medium Density Multiple Family 4M (R-4) Medium High Density Multiple Family (R-5) High Density Multiple Family 40 (R-6) Medium Density Multiple Family o 500 Feet Source: City of Hopkins, Hennepin County, & Mn Geo (B-1) Limited Business (B-2) Central Business 4W (B-3) General Business (B-4) Neighbhorhood Business 40 Mixed Use Business Park (1-1) Industrial (1-2) General Industrial 40 Landfill 410 Institutional ^I� BOLTON /t1 & MENK Real People. Real Solutions. WINTHROP & WEINSTINE February 27, 2018 Mr. Jason Lindahl, Planner City of Hopkins 1010 1" Street South Hopkins, Minnesota 55343 Re: 2018 -03 -TA - Auto Related Uses Zoning Text Amendment Dear Mr. Lindahl: Tammera R. Diehm Direct Dial: (612) 604-66S8 Direct Fax: (612) 604-6958 tdichm@.winthrop.com VIA E-MAIL Our firm represents Richard Rotenberg and TRC Glass One, LLC, the owner of real property located at 1413 Mainstreet (the "TRC Glass One Property"). We understand that the City of Hopkins (the "City") is considering an amendment to the existing zoning code (the "Code") to change the way in which automobile related uses are treated in certain parts of the City. We recognize the City's goals of "preserving the community's home town feel and enhancing the Mainstreet experience." To achieve this goal, the City proposes transitioning automobile repair and automobile sales from "permitted uses" to "conditional uses." We understand the City's desire to change this classification — a CUP process allows the City to consider, on a case by case basis, whether conditions are required to help preserve the character of the surrounding area. However, the current proposal goes even further and prohibits automobile repair and automobile sales on any property that abuts Mainstreet. This provision unfairly restricts specific properties, including the TRC Glass One Property. Accordingly, we request that the City reconsider its proposed Code amendment to delete the following proposed text: • Section 535.03, subd. 3(A)(1); "No automotive repair use shall be located on a site abutting Mainstreet or any residential use or district. Sites or properties separated by a public right-of-way, other than an alley, shall not be considered abutting. " • Section 535.03, subd. 3(B)(1); "No automobile sales use shall be located on a site abutting Mainstreet or any residential use or district. Sites or properties separated by a public right-of-way, other than an alley, shall not be considered abutting. " In both instances, the proposed Code language states that "The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way." This C A P E L L A TOWER I SUITE 3 500 225 South 6th Street Minneapolis, MN 55402 -" / 612.604.6400 F 1612.604.6800 W ! winthrop.com A Professional Association February 27, 2018 Page 2 language preserves the City's ability to protect adjacent property owners (and public streets) through the CUP process without the unnecessarily burdensome restriction that would result from simply prohibiting all automobile related uses on Mainstreet. Thank you for your consideration of this matter. Very truly yours, WINTHROP & WEINSTINE, P.A. Tammera R. Diehm cc: Mr. Mike Mornson Mr. Richard Rotenberg 15060349v1 BECK LAW OFFICE 4746 Sheridan Ave. S. Minneapolis, MN 55410 Peter K Beek Attorney at Law March 20, 2018 Planning and Zoning Commission City of Hopkins 1010 1St Street South Hopkins, MN 55343-7558 Attention: Jason Lindahl, City Planner Re: Auto -Related Uses Zoning Code Text Amendments Dear Planning and Zoning Commission Members: 612-991-1350 peter@peterbecklaw.com VIA EMAIL This letter is written on behalf of the Luther Company LLLP ("Luther"), which owns four properties in Hopkins, including Hopkins Honda, a full-service automobile dealership located at 250 5th Avenue South; and Automotive Performance Studio ("APS"), an automobile detail and repair business located at 499 Mainstreet. Luther has owned property in the City of Hopkins for over forty years and has a long history of working with the City to use and develop its properties in ways that benefit both Luther and the City. Hopkins Honda was developed on the site of a vacant and polluted former lumberyard. Luther worked with the City in a model of public/private cooperation to get this property redeveloped into a state-of-the-art automobile dealership that has been a great benefit to the City. Luther paid nearly $750,000 in real estate taxes on its Hopkins properties in 2017 and employs over 200 people on these properties, with a total payroll of over $10,000,000. In addition, Hopkins Honda alone generates 60,000 to 70,000 customer visits to Hopkins per year. The ripple effects of Hopkins Honda employee and customer spending in Hopkins have a significant financial impact on Downtown Hopkins. Luther is proud to be located in Hopkins, is proud to be an asset of the City, and is proud of the positive impact its Hopkins businesses have had on Downtown Hopkins. Accordingly, Luther takes great exception to the staff proposal to prohibit a new Luther automobile dealership at 499 Mainstreet. The proposed zoning ordinance amendments are staff initiated. They do not arise from an implementation policy in the Comprehensive Plan, nor any direction, that we are aware of, from the Planning and Zoning Commission or the City Council. The staff report indicates that the reasons for the proposed amendments include: • Code enforcement issues with "a few" of the existing automobile repair businesses on the west end of Mainstreet; Planning and Zoning Commission City of Hopkins March 20, 2018 Page 2 • A perception that automobile -related uses, particularly on Mainstreet, are inconsistent with the Comprehensive Plan; and • A need to update zoning standards within the zoning ordinance. While we agree that it would be beneficial to clean up some of the existing language in the zoning ordinance, we do not agree that creating numerous nonconforming uses will be beneficial to the City, nor do we agree that this result would be consistent with the City's Comprehensive Plan. There are currently 37 automobile repair and sales businesses in Hopkins. These businesses generate hundreds of direct jobs, hundreds of thousands of dollars in real estate taxes, and help support many other businesses in Hopkins, particularly Downtown Hopkins, through the spin-off economic activity. Hopkins will be worse off if these businesses are forced to leave. Nonconforming Uses and Code Enforcement The staff report states that, "As with any change to the City's regulations, this zoning ordinance text amendment has the potential to create sites that are nonconforming ..." In fact, the proposed zoning code text amendments would prohibit automobile sales and repair businesses on Mainstreet and in other areas where they abut residential uses or districts, and make all existing businesses located in such areas nonconforming uses. This would affect more than a dozen existing small businesses that employ people, many of them Hopkins residents, and serve customers that are either Hopkins residents or non-residents pulled into the City to do business in the City. Most of these small businesses have no idea that the proposed zoning code text amendments will make their businesses nonconforming uses, and have no idea the impact this will have on their businesses and property values. At a minimum, the City should identify and notify those small businesses that will be made nonconforming uses by the proposed zoning code text amendments and advise those small businesses of the impact this nonconforming use status will have on the value of their properties and their ability to invest in and expand their businesses, before proceeding with these amendments. The staff report states that the proposed zone code text amendments will "encourage reinvestment and redevelopment in these target areas," but offers nothing to support this statement. For this statement to be true, the existing businesses will have to be forced off their properties by the amendments. These small businesses generate jobs in the City, most of them skilled, well - paying jobs, and provide a valuable service to Hopkins residents and others in the surrounding area. Eliminating these jobs and these services will not "preserve the hometown feel and enhance the Mainstreet experience." There are currently 14 active office and retail opportunities either for sale or for lease in Downtown Hopkins listed on Costar, a commercial real estate database. This does not count the properties that are being marketed for lease or sale by owner. There is, therefore, no shortage of available sites for reinvestment or redevelopment, and no need to adversely impact existing businesses and property values to make development sites available. When the existing available space is absorbed by the market, existing repair shops may be acquired and repurposed. Zoning Planning and Zoning Commission City of Hopkins March 20, 2018 Page 3 the existing businesses out in an attempt to force this process by reducing the value of the existing businesses and their properties is a form of taking. Not only is this unfair to the businesses, it affects their customers, most of whom are likely Hopkins residents, who will lose access to their preferred auto repair options. It is not a good idea to intentionally create nonconforming uses. While it is true that nonconforming uses have the right, under state law, to continue operation as they are, it is also true that nonconforming businesses are prohibited from growing and expanding, which is a significant disincentive to invest in the business. More importantly, making an automobile repair or sales business a nonconforming use will do nothing to resolve zoning code enforcement issues with respect to that business. If anything, making a business nonconforming makes it more difficult for the City to work with the business to come into compliance with the zoning code, because there is no incentive to invest in the business if there is no opportunity to grow and expand it. The solution to zoning code enforcement issues is to resolve those issues through existing enforcement tools, not to render businesses nonconforming. Comprehensive Plan The staff report states that the proposed zoning amendments are consistent with the applicable goals and implementation strategies from the Comprehensive Plan. However, the only support staff can find in the Comprehensive Plan for this statement is a goal to coordinate land use and transportation standards, and to implement this goal by updating zoning regulations. While we agree that updating zoning regulations is a necessary implementation strategy of a comprehensive plan and, as discussed below, we agree with several of the proposed updates to the zoning regulations, we do not agree that the goals and policies of the Comprehensive Plan support the proposition that automobile sales and service uses should be prohibited in Downtown Hopkins and that over a dozen small businesses should be rendered nonconforming uses. This effort to prevent existing businesses from investing in and expanding their businesses is an effort to force out of Hopkins and is directly contrary to the Comprehensive Plan. Chapter 2 of the Comprehensive Plan sets forth the goals of the City of Hopkins. The second goal identified is to "Protect and Enhance Downtown Hopkins." (Comprehensive Plan, page 2-1) On the next page (p. 2-2), the "key elements to improve the commercial downtown," include: Efforts should be made to retain existing downtown businesses and attract new specialty retail, entertainment and restaurant businesses to Mainstreet. (emphasis added) Planning and Zoning Commission City of Hopkins March 20, 2018 Page 4 Chapter 2 of the Comprehensive Plan goes on to state (on p. 2-3) that: Efforts should be made to continue to foster stability and growth of existing businesses, while encouraging new businesses to locate in Hopkins. (emphasis added) Chapter 4 of the Comprehensive Plan is the land use and development chapter. That Chapter states (on p. 4-4) that the City of Hopkins seeks to: • Maintain a viable downtown commercial core. Downtown Hopkins has a unique commercial business core. Maintaining the viability of downtown is dependent on the success of its businesses. . . . (emphasis added) The Land Use and Development Chapter goes on to state (on p. 4-22) that: At this time, there are no land use changes proposed for downtown; ... (emphasis added) Finally, Chapter 5 of the Comprehensive Plan addresses Downtown Hopkins specifically and states (on p. 5-1) that the assets of Downtown Hopkins include: • There is a strong base of existing establishments including special purpose retailers and auto dealers who draw people from outside of the immediate Hopkins area. (emphasis added) • The business community is service oriented. Local residents are supportive of local business establishments. (emphasis added) The monitoring and assessing section of Chapter 5 regarding Downtown Hopkins concludes (on p. 5-2) that: Development efforts should be targeted toward encouraging growth and expansion of commercial establishments that address two market orientations: (1) the destination specialty market, and (2) the local convenience and specialty market.... (emphasis added) The proposed zoning code text amendments would make a dozen or more automobile sales and repair businesses along Mainstreet nonconforming. This would prohibit expansion and discourage investment in those businesses. Conversely, the language of the Comprehensive Plan states that the City should be encouraging the expansion and stability of existing businesses, including, specifically, automobile dealers. Planning and Zoning Commission City of Hopkins March 20, 2018 Page 5 Governmental efforts to manipulate the marketplace are doomed to failure. The Hopkins Comprehensive Plan recognizes this by emphasizing the need to maintain, stabilize and expand existing businesses. The Comprehensive Plan does not support the proposition that existing businesses should be zoned out in the hopes that different businesses will move in. If there was no need for automobile sales and repair businesses in Hopkins, they would not be there. When there is no longer a need for them, they will be replaced by the marketplace. The City should facilitate this type of turnover, but not try to force it by making existing businesses nonconforming, which will only make existing code enforcement issues worse. Zoning automobile sales and service out of the east end of Mainstreet is particularly ill advised. These properties have been used for automobile sales and service for fifty or more years and, since completion of the Highway 169 freeway, are in a location where access is problematic and traffic volumes are less than one-third what they are on the rest of Mainstreet. The automobile sales and repair uses in place when Highway 169 cut off Mainstreet have remained because an automobile dealership needs visibility from a major transportation thoroughfare as much as it needs convenient access. However, such a location is not suited for very many alternative uses. Access and low traffic volumes would be a problem for almost all other retail uses, and freeway noise would impact potential residential development. Automobile dealers, including the existing dealership and a potential new dealership at 499 Mainstreet, are, as a practical matter, the highest and best use for the east end of Mainstreet. We therefore encourage the Planning and Zoning Commission to recommend to the City Council that automobile sales and repair uses not be zoned out of the east end of Mainstreet. The Comprehensive Plan states that automobile dealerships are an asset to the community. Therefore, they should be allowed to remain on the east end of Mainstreet. Zoning Standards Earlier in this letter we stated we agree that some amendments to the zoning standards affecting automobile sales and repair uses are appropriate. For instance, we agree that making automobile sales and repair uses a conditional use in appropriate zoning districts makes sense. The conditional use permit is a zoning technique that is well known and frequently used in this context. As we mentioned at the beginning of this letter, we have a long history of working cooperatively with City staff, the Planning and Zoning Commission and the City Council on zoning issues and zoning approvals. We do not object to going through the conditional use permit process if, for example, we have an opportunity or a need to put an automobile dealership at 499 Mainstreet. However, we believe we should have the opportunity to make an application to redevelop this property so that we can add another asset to the City and its employment base and tax base. Prohibiting such an application simply ensures that the existing building and use of the property will remain indefinitely. Attached to this letter as Exhibit A is a summary of our specific comments and suggestions on the proposed amendments to the zoning standards, and Exhibit B incorporates these comments Planning and Zoning Commission City of Hopkins March 20, 2018 Page 6 and suggestions into the proposed ordinance. In Exhibit B, the language we suggest be stricken is shown in red and the language we suggest be added is shown in blue. Some of these are technical points, but others implement the comments made in this letter. We realize it is a lot of material, but request that you take the time to review these suggestions. We will be at the March 27, 2018, Planning Commission meeting to answer questions. Conclusion The proposed zoning code text amendments are City initiated — no findings of fact are necessary for the Planning Commission to reject or recommend modifications to them. Although the City does have broad discretion in adopting and amending zoning ordinances, zoning ordinances are a restriction on private property rights and must be reasonable and have a rational basis. The proposed zoning code text amendments, which would prohibit automobile sales and services on Mainstreet, particularly the east end of Mainstreet, do not meet these tests. They are inconsistent with the City's adopted Comprehensive Plan, and therefore have no rational basis. They also render a large number of businesses nonconforming in an effort to reduce values and force redevelopment of these business properties, which is not reasonable. We appreciate the opportunity to be heard in this matter and look forward to discussing it further with the Planning and Zoning Commission on March 27, 2018. If you have any questions or would like to discuss this letter before the March 27 meeting, please reach out to me at the phone number or email address above. Very truly yours, PETER K. BECK ATTORNEY AT LAW PLLC By: cc: (VIA EMAIL) Linda McGinty, Vice President, Real Estate, Luther Company (via email) Kate Uding, General Counsel, Luther Company (via email) Kyle Allison, General Manager of Hopkins Honda (via email) Dick Friedrichs, Colliers (via email) Exhibit A Comments on Specific Text Amendments Section 515.7, Definitions Definition of Auto Repair We agree with the proposal to eliminate the definition of "Automobile or Motor Reduction Yard," and note that separate definitions of major and minor auto repair is also an outdated concept. Separate definitions were relevant when the use was permitted without conditional use permit review. However, where all repair is happening inside of a building and the City has the opportunity to address potential impacts through the conditional use permit process, there is no need to distinguish between major and minor auto repair. We suggest that the definition of "Auto Repair" be The repair of passenger automobiles, motorcycles, snowmobiles, small engines and trucks not exceeding 9,000 pounds weighted capacity. We suggest that there then be the following definition of "Truck and Large Vehicle Repair": The repair of trucks and other vehicles exceeding 9,000 pounds weighted capacity. Definition of Outdoor Storage We suggest that the proposed new definition of outdoor storage be revised to read: Exterior depository, stockpiling, or safekeeping of all merchandise, materials, supplies, products (finished or unfinished), equipment, <re'��-or trailers, or the like. Outdoor storage does not include requir-ed off-street parking areas Laprp oved pursuant to an approved site plan or conditional use permit. Outdoor storage areas are located within a clearly defined boundary and may be enclosed by a structure that includes a roof but no side walls or any uncovered areas surrounded by fencing, berming, landscaping or other screening material. The words "vehicle" and "required" need to be stricken from the sentence so that it is clear that the approved parking of automobiles is not outdoor storage, whether the cars parked are employee cars, customer cars or cars for sale. Section 535.03 subdivision 3 Permitted Uses As noted in our letter, we agree with the proposal to make automobile sales and repair uses a conditional use in the B-3 Zoning District. A-1 Section 535.03, subdivision 3(A)(1) We do not agree with the proposal to prohibit automobile sales and repair businesses abutting Mainstreet. Existing businesses can be regulated through existing code enforcement processes, and new businesses can be regulated through appropriate conditional use permit requirements. We suggest that this Section be revised to read: The site building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. Ne .,,,+,,ffie+;�,v shall be leeated on a site abutting Mainstreet or- any esidde.-,Aia�- use or - than an alley, sha4l not be eensidered abuRiang. Alternatively, this Section could be revised to read: The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automotive repair use shall be located on a site abutting that portion of Mainstreet located west of Sixth Street or any residential use or district. Sites or properties separated by a public right-of-way, other than an alley, shall not be considered abutting. This language would allow the existing and potential dealerships on the far east end of Mainstreet to continue to be assets to the community. Section 535.03, subdivision 3(A)(2) We suggest this Section be revised to read: 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation, adding oil, wiper or battery replacement, glass repair or replacement, paintless dent re air and the like. These are all repair activities that typically are performed outside, many times at a customer's home or place of business as well as at an automobile repair business. Section 535.03, subdivision 3(A)(9) We suggest this Section be revised to read: 9. Gasoline pump sales to the public shall require a separate conditional use permit ap rp oval subject to the performance standards for service stations. We recommend this amendment because some automobile sales and repair businesses may include a gasoline pump for the business' use, which could be approved as part of the conditional use permit for the business. A-2 Section 535.03, subdivision 3(A)(10) We suggest this Section be revised to read: 10. All vehicle sales shall require a separate conditional use permit approval subject to the performance standards for automobile sales and/or lease. We suggest this revision because an automobile sales and repair business, such as Hopkins Honda, would likely be approved under a single conditional use permit, rather than separate conditional use permits for the sales and repair functions of the dealership. Section 535.03, subdivision 3(B)(1) As noted above, we suggest that this Section revised as set forth below, so that automobile sales are not prohibited abutting Mainstreet, or at least not at the east end of Mainstreet. 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automobile rales use shall be loeated on a site abtA4ing Mainst-r-eet or- any residential use other - di -an an alloy. sha l not be e side .oa a1.,,tg . Alternatively, this Section should be revised to read: The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automobile sales use shall be located on a site abutting that portion of Mainstreet located west of Sixth Street or any residential use or district. Sites or properties separated by a public right-of-way, other than an alley, shall not be considered abutting. Section 535.03, subdivision 3(B)(2) We recommend that this Section either be stricken or revised in a manner that would not prohibit automobile dealerships within the City of Hopkins. As noted above, the Comprehensive Plan states that the automobile dealerships in the City are an asset to the community. To the extent this language would prohibit automobile dealers, it is inconsistent with the Comprehensive Plan and should be stricken from the zoning standards in order to make the zoning standards consistent with the Comprehensive Plan. An alternative approach would be to revise this subsection to read: 2 T e sales l^+ Display areas of new and used cars for sale shall not be larger in square footage than the square footage of the building devoted to the related business, unless otherwise approved pursuant to a conditional use permit. A-3 Section 535.03, subdivision 3(B)(3) We suggest that this Section be revised to read as follows: 3. There shall be no automobile parking in required front yard setbacks, which shall incorporate a permanent barrier of landscaping. We agree that parking should not occur in front yard setback areas, but see no basis for a different front yard setback requirement for automobile sales than for other commercial uses. Section 535.03, subdivision 3(B)(8) For the reasons set forth above under Section 535.03, subdivisions 3(A)(2) and (10), we suggest that this Section be revised to read as follows: Any repair, assembly, disassembly or maintenance of vehicles, except minor maintenance such as tire inflation, adding oil, wiper and battery replacement, glass repair and replacement and paintless dent repair and the like, shall require ante conditional use permit approval subject to the performance standards outlined for automotive repair. Section 535.03, subdivision 3(B)(9) We suggest that this Section be revised to read: 9. Outdoor storage of parts, materials or equipment is prohibited, except lied operable vehicles for sale or lease. Most new vehicles for sale are not licensed. We understand the intent here to be that vehicles parked on the property be operable and for sale. Section 540.01 As in the case with the business districts, we have no objection to the proposal to make Truck and Large Vehicle Repair a conditional use in the industrial districts. Section 540.03 We recommend that the title of Section 540.03 be revised to incorporate the suggested definition of "Truck and Large Vehicle Repair," and that the following subsections be revised as follows: Truck and Laramie Vehicle Repair 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No automotive truck or large vehicle repair use shall be located on a site abutting Mainstreet or any residential use or district. Sites or properties separated by a public right-of-way, other than an alley, shall not be considered abutting. ME 2. Any repair, assembly, disassembly or maintenance of vehicles shall occur within an enclosed building, except minor maintenance including tire inflation, adding oil, wiper and battery, glass repair and replacement, paintless dent repair and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building. 9. Gasoline pu s/sales to the public shall require a separate conditional use permit approval subject to the performance standards for Service Stations. 10. All vehicle sales shall require a separate conditional use permit a roval subject to the performance standards for Automobile Sales and/or Lease. Section 550.01 subdivision 11 We agree with the proposed language regarding junk vehicles. A-5 EXHIBIT B CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO.2018-XXXX AN ORDINANCE AMENDING SECTIONS 515.07, 535 AND 540 OF THE CITY CODE RELATED TO AUTOMOBILE SALES AND AUTOMOBILE REPAIR THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 515.7, Definitions, is hereby amended to add the following: Subd. 16. Automobile repair mall I it, The repair of passenger automobiles, motorcycles, snowmobiles, small engines and trucks not exceeding 9,000 pounds weighted capacity. Subd. 169. Open Outdoor storage: adjal to a residentially zoned area used for- sueh pur-pe > , > invent>junk, > Orad. °�TExterior depository, stockpiling, or safekeeping of all merchandise, materials, supplies, products (finished or unfinished), equipment, *@hilltrailers, or the like. Outdoor storage does not include doff -street parkin areas pursuant to an approved site plan or conditional use permit. Outdoor storage areas are located within a clearly defined boundary and may be enclosed by a structure that includes a roof but no side walls or any uncovered areas surrounded by fencing, berming, landscaping or other screening material. Subd. f 1. Truck and Large Vehicle Repair: the repair of trucks and other vehicles exceeding 9000 pounds weighted capacity. 11 1 IN Subd. 16. Automobile repair mall I it, The repair of passenger automobiles, motorcycles, snowmobiles, small engines and trucks not exceeding 9,000 pounds weighted capacity. Subd. 169. Open Outdoor storage: adjal to a residentially zoned area used for- sueh pur-pe > , > invent>junk, > Orad. °�TExterior depository, stockpiling, or safekeeping of all merchandise, materials, supplies, products (finished or unfinished), equipment, *@hilltrailers, or the like. Outdoor storage does not include doff -street parkin areas pursuant to an approved site plan or conditional use permit. Outdoor storage areas are located within a clearly defined boundary and may be enclosed by a structure that includes a roof but no side walls or any uncovered areas surrounded by fencing, berming, landscaping or other screening material. Subd. f 1. Truck and Large Vehicle Repair: the repair of trucks and other vehicles exceeding 9000 pounds weighted capacity. SECTION 2. 535 Subdivision 3, Permitted Uses, is hereby amended to add the following: Permitted Uses B-1 B-2 B-3 B-4 8. Automobile Repair - Minor X- 2 XB 10. Automobile Sales and/or Lease (2)XA 74. X SECTION 3. 535.03, Subdivision 3, Conditional Use Requirements, is hereby amended to add the following: A) Automobile Repair - Minor 4== The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. NO 2. All repair, assembly, disassembly or maintenance of vehicles shall occur within an enclosed building, except minor maintenance, including tire inflation, addingoil, 1, wiper or battery replacement. glass repair or replacement, paintless dent repair and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building. 3. All vehicles shall be parked in compliance with Section 550, "Off Street Parking" and display a current license plate with a current license tab. No site shall contain more vehicles than can be placed in accordance with the minimum standards of Section 550. 4. No vehicle shall be parked or positioned to interfere with access to any repair barmy required parking, loading, oading, maneuvering or pedestrian area. 5. Outdoor storage of parts, materials, or equipment is prohibited. 6. Junk vehicles awaiting repair or pick up shall comply with Section 550.01, Subdivision 11 (Junk Vehicles). 7. All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code. 8. No public address system. 9. Gasolinep#wsales to the public shall require a separate conditional use 12e MLapproval subject to the performance standards for Service Stations. 10. All vehicle sales shall require � conditional use permit approval subject to the performance standards for Automobile Sales and/or Lease. B) New Automobile Sales and/Lease ineluding sales lot and majof atito r pfevided- 1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of--way.-40 2. Th -P I Display areas of new and used cars for sale shall not be larger in square footage than the square footage of the building devoted to the related business; unless otherwise approved pursuant to a conditional use hermit; 3. There shall be no automobile parking in required front yard setbacks. which shall incorporate a permanent barrier of landscaping; ( Amended Ord. 90-672) (Amended Ord. 94-747) 4. Lighting of the sales lot shall be totally f ,.,.v, indi -eet lighting; Lighting: Lighting shall be consistent in character throughout the entire property site, in both design and bulb type. a. Any light fixture must be placed in such a manner that no light emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level. b. Light shall be directed toward the ground. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. Lighting must be shielded to prevent directlg are. c. The level of lighting shall not exceed 0.5 lumens at any residential property line or 1.0 lumen at any nonresidential property line. d. The maximum height for exterior lightingis s thirty f�30'). The maximum height exterior lighting within one hundred feet (100') of a residential use or district shall be twenty. f�(20' . e. All nonessential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security_ 6. The auto sales lot shall not include vehicles over a 9,000 lb. rated weight; 9. All > asseffl ly, building exeept miner- maintenanee, ineluding tire inflation, adding oil and wipe -F replaEemew;-(wed nra 96 787` Any repair, assembly, disassembly or maintenance of vehicles, except minor maintenance such as tire inflation, adding oil and wiper and battery replacement, glass repair and replacement and paintless dent repair shall require amg@pamte conditional use permit a roval subject to the performance standards outlined in for automotive repair. 9. Outdoor storaxparts, materials, or equipment is prohibited No outside star -age a display except ho@mod=operable vehicles for sale or fent lease; (Added Ord. 96-787) 10. Junk vehicles awaiting pick up shall comply with Section 550.01, Subdivision 11 (Junk Vehicles). 11. No public address system; (Added Ord. 96-787) 12. No test driving of vehicles on local residential streets; (Added Ord. 96-787) 13. Used car lots shall be permitted only when an integral part of a new car dealership. (Added Ord. 05-941) 14. The outdoor sales or display area shall not interfere with circulation in any required parking, loading, maneuvering or pedestrian area. 15. Signs shall conform to the performance standards outlined in Section 570 (Signs) as well as the standards listed below: a. Pennants, balloons, streamers, pinwheels or other attention attracting devices are prohibited. b. No freestanding light poles shall be uses as temporary sign supports, as flagpoles or to connect flags, streamers, or pennants. c. No graphics shall be painted on the building or windows. d. Open hoods of vehicles, windshields, car windows, trunks, roofs or the like shall not be used for individual letters or other signage e. No vehicle or trailer shall be parked in such a manner as to advertise the site location, or to promote or advertise a sale or event. 16. All necessary city or state licenses/permits shall be obtained and remain in good standing_ SECTION 4. 540.01, Industrial Districts, is hereby amended as follows: Permitted Uses I-1 Industrial I-2 General Industrial Vehielepain4ing, body work, r-epAutomobile Repair - Major X X SECTION 5. 540.03. Conditional Uses: I Districts, is hereby amended as follows: Truck and Large Vehicle Re air 1. The site and buildina(s) shall be designed to limit the effects of this use on adjacent properties and public rights-of-way. No struck or large vehicle repair use shall be located on a site abutting Mainstreet or any residential use or district. Sites or properties separated by public right-of-way, other than an alley, shall not be considered abutting_ 2. All repair. assemblv. disassemblv or maintenance of vehicles shall occur within an enclosed building, except minor maintenance, including tire inflation, adding oil, wiper and battery replacement, glass repair and replacement, paintless dent re air and the like. All overhead vehicle doors on the building shall remain closed except when a vehicle is entering or exiting the building_ 3. All vehicles shall be parked in compliance with Section 550, "Off Street Parking" and display a current license plate with a current license tab. No site shall contain more vehicles than can be placed in accordance with the minimum standards of Section 550. 4. No vehicle shall be parked or positioned to interfere with access to any repair bay or any required parking, loading, maneuvering or pedestrian area. 5. Outdoor storage of parts, materials, or equipment shall comply with Section 435 (Outdoor Storage. 6. Junk vehicles awaiting repair or pick up shall comply with Section 550.01, Subdivision 11 (Junk Vehicles). 7. All flammable materials, including liquids and rags, shall conform to the applicable provisions of the Minnesota fire code. 8. No public address system. 9. Gasoline sales to the public shall require conditional use permit approval subject to the performance standards for Service Stations. 10. All vehicle sales shall require a=separate conditional use permit a )roval subject to the performance standards for Automobile Sales and/or Lease. 11. All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter in compliance with Minnesota pollution control standards and applicable fire and buildingcodes. SECTION 6. 550.01, Subdivision 11. Junk Vehicles, is hereby amended as follows: Subd.within Junk vehicles. The ing of any junk vehiele, as d i eeti 515.07 Sffbd. 93 for more than ha 3 0 days ithi any business t�1 TKms` , or- K 4), or- 1Nd lstf I]1 dis4N1 prohibited, ineia` ing thepar-king vehieles awaiting repair-. The extension of no more than 150 days exten i be obtained for- vehieles awaiting Sher-ifPs sale upon applieation to the City Plannef and presentation of evidenee suffieien4 to the Pla+mer- of intent to sell the yehie-1e at the Sher -if s sale. (Added . It is unlawful for any person to park, store or leave any junked motor vehicle, whether attended or not, upon any public or private property within the city, or for any person, as an owner of or an occupant having control of private property within the city to permit the parking, sig or leaving of any junked vehicle upon such private property, unless such junked vehicle is within an enclosed building or structure lawfully situated upon private property or is so parked, stored or left upon private property lawfully zoned and operated as a recycling operation. SECTION 7. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Amy Domeier, City Clerk Molly Cummings, Mayor