VII.4. First Reading: Auto Related Uses Zoning Code Text Amendment; Lindahl
April 3, 2018 City Council Report 2018-043
Auto Related Uses Zoning Code Text Amendment
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 2018-030, approving the
first reading of Ordinance 2018-1130 amending Sections 515, 535, 540 and 550 of the City Code
Related to Automobile Repair, Automobile Sales and Outdoor Storage.
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 their March 27, 2018 meeting, the Planning
& Zoning Commission voted 3-1 to recommend the City Council approve the attached
ordinance.
Primary Issues to Consider
• Prior Action by the Planning & Zoning Commission
• Background
• Economic Data
• Legal Authority
• Consistency with the Comprehensive Plan
• Zoning Standards
• Potential Non-Conformity Issues
• Alternatives
Supporting Documents
• Resolution 2018-030
• Ordinance 2018-1130
• Zoning Maps
• Written Comments
_____________________
Jason Lindahl, City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2018-043
Page 2
Primary Issues to Consider
Prior Action by the Planning & Zoning Commission. The Planning & Zoning Commission
held a public hearing to review Planning Application 2018-03 during their regular meetings on
February 27 and March 27th, 2018. State law requires the City to publish notice of a 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 27th meeting, the Commission asked staff to provide
additional economic data comparing auto related uses with other uses along Mainstreet and in
the Downtown Overlay District and voted to table the item until March to allow more time for
public comment. After hearing additional comments during the March 27th meeting, the
Commission voted 3-1 to recommend the City Council approve the proposed ordinance. A
summary of the comments from both the February 27th and March 27th meetings is provided
below.
During the February 27th 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 Automotive
Group. 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).
Since the February 27th meeting four businesses provided additional comments. 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 7th 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. Walser Automotive Group spoke during the public hearing and
submitted a letter stating their opinion to the proposed ordinance changes.
Luther Companies, LLP testified during the public hearing and submitted a letter stating their
concerns with the proposed zoning changes and 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. 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 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,
City Council Report 2018-043
Page 3
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 revised the
ordinance to address Luther’s concerns regarding repair activities that occur outside and gasoline
sales/pumps. Section 535.03, Subdivision 3(A)16 was revised to prohibit retail sale of gasoline
but allows gasoline pumps for the exclusive use of an automobile sales or leasing use. And
Section 535.03, Subdivision 3(B)2 and Section 540.03(A)2 was revised to included Luther’s
suggested language related to repair activities that occur outside.
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 11th 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
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
City Council Report 2018-043
Page 4
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
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.
City Council Report 2018-043
Page 5
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.
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
City Council Report 2018-043
Page 6
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 Sheriff’s 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 City Council has the following options:
1. Approve the proposed Zoning Code text amendment for Automobile Repair, Automobile
Sales and Outdoor Storage. By approving, the City will revise the standards for these uses as
detailed in the attached ordinance.
2. Deny the proposed Zoning Code text amendment for Automobile Repair, Automobile Sales
and Outdoor Storage. By denying, the standards for these uses will remain unchanged. If
the City Council considers this alternative, findings will have to be identified that support
this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2018-030
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2018-1130
AMENDING SECTIONS 515, 535, 540 AND 550 OF THE CITY CODE RELATED TO
AUTOMBILE REPAIR, AUTOMOBILE SALES AND OUTDOOR STORAGE
WHEREAS, the City of Hopkins initiated an application to amend the Zoning Ordinance for
automobile related uses and outdoor storage; 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
7. That the Hopkins Planning & Zoning Commission continued the public hearing during its
March 27, 2018 meeting and all persons present were given the opportunity to be heard;
and
8. That the Hopkins Planning & Zoning Commission voted 3-1 to recommend the Hopkins
City Council approve an ordinance amending the zoning standards for automobile uses
and outdoor storage; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the First Reading of Ordinance 2018-1130 amending Sections 515, 535, 540 And 550
of the City Code related to Automobile Repair, Automobile Sales and Outdoor Storage based on the
findings detailed in City Council Report 2018-043.
Adopted this 3rd day of March 2018.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2018-1130
AN ORDINANCE AMENDING SECTIONS 515, 535, 540 AND 550 OF THE CITY
CODE RELATED TO AUTOMOBILE REPAIR, AUTOMOBILE SALES
AND OUTDOOR STORAGE
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:
Automobile or motor vehicle reduction yard: a lot or yard where one or more unlicensed vehicles,
or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing,
rebuilding, sale of parts, sale of scrap, storage or abandonment.
Subd. 169. Open Outdoor storage: The keeping in an unroofed and open area a substantial part of
which is visible to the public view from a street right-of-way 50 feet or more in width, or
adjacent to a residentially-zoned area used for such purposes, any equipment, machinery,
inventory, junk, parts, and other such items in the same location for more than 24 hours. (Added
Ord. 95-758) Exterior 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 any uncovered areas surrounded by fencing, berming, landscaping 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. Motors Repairing X
SECTION 3. 535.03, Subdivision 3, Conditional Use Requirements, is hereby amended to add
the following:
A) New Automobile Sales and/Lease including sales lot and major auto repair provided:
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 of the sales lot shall be totally from indirect 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 direct glare.
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 lighting is thirty feet (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.
5. Should the lot abut an R district an acceptable design of screening fence five feet in height
shall be constructed along the abutting lot line;
6. The auto sales lot shall not include vehicles over a 9,000 lb. rated weight;
7. No vehicles which are unlicensed and/or inoperative shall be stored on the premises;
(AddedOrd. 96-787)
8. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed
building except minor maintenance, including tire inflation, adding oil and wiper
replacement; (Added Ord. 96-787) comply with Section 353, Subdivision B, Automobile
Repair – Minor.
9. Outdoor storage of parts, materials, or equipment is prohibited No outside storage or
display except licensed vehicles for sale or rent 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. Retail sale of gasoline is prohibited. Sale and or Lease uses may include gasoline pumps
for the exclusive use of their business. Any gasoline pumps shall be visible from a public
right-of-way.
17. All necessary city or state licenses/permits shall be obtained and remain in good standing.
B) 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 a
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, adding oil, 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 bay or any
required parking, loading, 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.
SECTION 4. 540.01, Industrial Districts, is hereby amended as follows:
Permitted Uses I-1 Industrial I-2 General Industrial
Auto Reduction Yard X X
Vehicle painting, body work, repair Automobile
Repair - Major X X
SECTION 5. 540.03. Conditional Uses: I Districts, is hereby amended as follows:
Automobile 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 a 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, adding oil, 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 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 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 building codes.
SECTION 6. 550.01, Subdivision 11. Junk Vehicles, is hereby amended as follows:
Subd. 11. Junk vehicles. The parking of any junk vehicle, as defined in Section
515.07 Subd. 93, for more than 30 days within any business district (B-1, B-2, B-3,
or B-4), or industrial district (I-1 or I-2) is prohibited, including the parking of
vehicles awaiting repair. The extension of no more than 150 days extension may
be obtained for vehicles awaiting Sheriff’s sale upon application to the City
Planner and presentation of evidence sufficient to the Planner of intent to sell the
vehicles at the Sheriff’s sale. (Added Ord. 07-986). 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, storing 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: April 3, 2018
Second Reading: April 17, 2018
Date of Publication: April 26, 2018
Date Ordinance Takes Effect: April 26, 2018
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
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(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
(B-1) Limited B usiness
(B-2) Central B usiness
(B-3) General Business
(B-4) Neighbhorhood Business
Mixed Use
Business Park
(I-1) Industrial
(I-2) General Industrial
Landfill
Institutional
!(#Auto Repair/Sales Locations
Municipal Boundary
Roads
Regional Trail
Wetlands
Downtown Overlay District
East End Overlay Disrict
West Mainstreet Overlay District
PUD
100 Year Floodplain
Zoning Districts
Legend
0 1,000FeetSource: City of Hopkins, Hennepin County, & MnGeo
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ID#Site Name
1 Affordabl e Auto Service & AA Automotive Diagnostic Sol utions B-3 Ge ne ral Business
2 Be l l mobi le B-3 Ge ne ral Business3Dale Feste Automotive B-3 Ge ne ral Business
4 Dealer Automotive Se rvi ces B-3 Ge ne ral Business
5 Harmon Auto Glass B-3 Ge ne ral Business6Hopkins Auto Mall B-3 Ge ne ral Business7Hopkins Auto Services B-3 Ge ne ral Business8Inline X Automotive B-3 Ge ne ral Business9Jeff’s Auto Service B-3 Ge ne ral Business10Jiffy Lube B-3 Ge ne ral Business
11 Luther Automotive Performance Studi o B-3 Ge ne ral Business
12 Mainstree t Motor Company B-3 Ge ne ral Business
13 Me i ne ke Car Care Cente r B-3 Ge ne ral Business14Smith Import Auto Care B-3 Ge ne ral Business15Smith Ni elsen Automotive B-3 Ge ne ral Business16Smith Ni elson Automotive B-3 Ge ne ral Business17Tires Plus B-3 Ge ne ral Business18Tommy’s Garage B-3 Ge ne ral Business
19 Wal ser Chrysler Jeep Dodge B-3 Ge ne ral Business
Zoning District ID#Site Name20Home Town Auto B-3 General Busi ness21FirestoneB-3 General Busi ness22Bill’s Auto B-4 Neighborhood Busi ne ss
23 Foreign Affairs Auto Servi ce B-4 Neighborhood Busi ne ss
24 Me tro Motorcars B-4 Neighborhood Busi ne ss25MidasB-4 Neighborhood Busi ne ss
26 AAMCO Transmissions & Total Car Care I-1 Industri al
27 Ace Imports Auto Sal es Inc I-1 Industri al28Dooley’s Garage I-1 Industri al29Hopkins Auto Body I-1 Industri al
30 Hopkins Ti re & Auto Service I-1 Industri al
31 Jim Butler Repair I-1 Industri al32PC Automotive I-1 Industri al33Seward Auto Body I-1 Industri al
34 The Paint Ge nie Auto Body & Pai nt I-1 Industri al
35 Vence s Auto Repair I-1 Industri al
36 ATM Tires & Suggs Auto Repai r I-2 Gene ral Industrial
37 Bil l ’s Servi ce Garage I-2 Gene ral Industrial38Swedish Motors I-2 Gene ral Industrial39Luther Hopkins Honda Business Park
Zoning District
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Hopkins, MN February, 2018
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(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
(B-1) Limited B usiness
(B-2) Central B usiness
(B-3) General Business
(B-4) Neighbhorhood Business
Mixed Use
Business Park
(I-1) Industrial
(I-2) General Industrial
Landfill
Institutional
!(#Auto Repair/Sales Locations
Municipal Boundary
Roads
Regional Trail
Wetlands
Downtown Overlay District
East End Overlay Disrict
West Mainstreet Overlay District
PUD
100 Year Floodplain
Zoning Districts
Legend
0 1,000FeetSource: City of Hopkins, Hennepin County, & MnGeo
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Hopkins, MN February, 2018
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(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
(B-1) Limited B usiness
(B-2) Central B usiness
(B-3) General Business
(B-4) Neighbhorhood Business
Mixed Use
Business Park
(I-1) Industrial
(I-2) General Industrial
Landfill
Institutional
!(#Auto Repair/Sales Locations
Municipal Boundary
Roads
Regional Trail
Wetlands
Downtown Overlay District
East End Overlay Disrict
West Mainstreet Overlay District
PUD
100 Year Floodplain
Zoning Districts
Legend
0 500FeetSource: City of Hopkins, Hennepin County, & MnGeo
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Hopkins, MN February, 2018
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Dooley'sGarage
DealerAutomotiveServices
SwedishMotors
HopkinsTire & AutoService
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SewardAuto Body
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7TH ST S12THAVES 10THAVES15THAVES13THAVES11THAVES!(28
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(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
(B-1) Limited B usiness
(B-2) Central B usiness
(B-3) General Business
(B-4) Neighbhorhood Business
Mixed Use
Business Park
(I-1) Industrial
(I-2) General Industrial
Landfill
Institutional
!(#Auto Repair/Sales Locations
Municipal Boundary
Roads
Regional Trail
Wetlands
Downtown Overlay District
East End Overlay Disrict
West Mainstreet Overlay District
PUD
100 Year Floodplain
Zoning Districts
Legend
0 500FeetSource: City of Hopkins, Hennepin County, & MnGeo
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WINTH ROP~ WEINSTINE
February 27, 2018 Tammera R. Diehm
Direct Dial: (612) 604-6658
Direct Fax: (612) 604-6958
tdichrn@winthrop.com
Mr. Jason Lindahl, Planner
City of Hopkins
1010 l51 Street South
Hopkins, Minnesota 55343
Re: 2018-03-TA - Auto Related Uses Zoning Text Amendment
Dear Mr. Lindahl:
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)(l): "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)(l): "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
CAPELL A TOWER I S U IT E 3 5 0 0 225 Sou th 6th Street M in n eapolis, M N 55402 P / 612.604.6400 F / 612.604.6800 W / Winthrop.com A Professional Association
Febru ary 27, 2018
Page 2
langu age preserv es the City's ability to pro tect adjacent pro perty ow ners (and public streets)
thro ugh the CU P pro cess w ithout the unnecessarily burdensome restriction that w ould result from
sim ply pro hibiting all autom obile related uses on M ainstreet.
Thank you fo r your considera tion of this m atter.
V ery tru ly yours,
W IN T H R O P & W E IN S TI N E, P.A. ..
~tif_'j)d_
T am m era R. Diehm
cc: M r. M ike M orn son
M r. Richard Rotenberg
15060349vl
Walser Automotive Group · 7700 France Avenue S, Suite 410N, Edina, MN 55435 · (952) 929-3535 · Fax (952) 935-5846 · Walser.com
March 27, 2018
VIA EMAIL
Planning and Zoning Commission
City of Hopkins
1010 1st Street South
Hopkins, MN 55343-7558
Attention: Jason Lindahl, City Planner
Re: Opposition to Auto-Related Uses Zoning Code Amendments
Dear Planning and Zoning Commission Members:
This letter shall serve as Walser Hopkins CJ, LLC d/b/a Walser Hopkins Chrysler Jeep Dodge
(“Walser”)’s formal opposition to the proposed zoning ordinance amendments (Application 2018-03-TA—
Auto Related Uses Zoning Text Amendment) proposed at the Public Hearing at the Hopkins Planning and
Zoning Commission that took place Tuesday, February 27, 2018.
Walser has operated a dealership at its Hopkins location since 1955, representing multiple
manufacturer brands throughout its long-standing tenure as an automobile sales and service provider
within the municipality. Last year alone, Walser paid $270,000 in real estate taxes and completed a multi-
million dollar renovation at the dealership. Additionally, Walser employs close to 100 employees at its
Hopkin’s location, with payroll over $3,000,000 annually. As with other reputable, long-standing
automobile dealership in the Hopkins area, Walser has long been committed to the City and its residents.
Many residents of those Hopkins purchase and service their vehicles at Walser and appreciate the
convenient location near their homes and workplaces.
Walser invests in the people and organizations in the communities in which we live and work
through charitable giving and volunteerism. Walser Automotive Group donates 5% of pre-tax earnings to
the Walser Foundation and is a proud member of the Minnesota Keystone Program. The Walser
Foundation provides grants to organizations that benefit education at all levels, as well as those
organizations that help build a strong workforce for the future.
Walser has supported the scholarships awarded at The Hopkins Raspberry Festival for multiple
years, which is noted in the excerpt below from the organization’s webpage below:
Walser Automotive Group · 7700 France Avenue S, Suite 410N, Edina, MN 55435 · (952) 929-3535 · Fax (952) 935-5846 · Walser.com
It is with great concern that the planning staff should propose such a heavy-handed and broad-
sweeping proposal given Walser’s demonstrated commitment to the City of Hopkins and its residents for
over half a century. Additionally, the process by which the planning staff has set out to completely
overhaul the text of the zoning ordinance has played out to an extreme disadvantage to both small and
large businesses alike. The changes appear to be offered up to address a few enforcement issues that have
occurred and not focused on the City’s overall Comprehensive Plan. By using this tool to address
compliance issues that could be taken care of through stricter enforcement of the current zoning code, the
staff has glossed over the greater implications of creating non-conforming sites.
For example, the proposed amendments may prohibit Walser and other locations from making
improvements in both design and utilization of the sites, which usually require significant investment. With
the landscape of automobiles and mobility changing drastically in our current society, it seems that this
amendment does not truly address the greater needs of the residents, businesses, or the City’s
Comprehensive Plan. Manufacturers routinely require dealers to comply with image standards for their
dealership facilities and provides certain financial incentives and/or penalties for failure to comply with
these standards. The intent of these standards is to keep the dealerships looking attractive to customers
and to facilitate the servicing and sales to such customers in a comfortable manner. The zoning text
amendments jeopardize compliance with these image requirements, which would have detrimental
impact on the business and customers alike.
Walser respectfully requests that the Zoning and Planning Commission reject the proposed
amendments based on the fact that the amendments are inconsistent with the Comprehensive Plan, are
not reasonable given the circumstances, and purport to restrict investment in legitimate, long-standing
businesses in the community. We would be open to further discussion on this topic should this be of
interest to the City.
Regards,
-Jessica Monson
Jessica Monson
General Counsel
Walser Automotive Group
Walser Automotive Group · 7700 France Avenue S, Suite 410N, Edina, MN 55435 · (952) 929-3535 · Fax (952) 935-5846 · Walser.com
CC via email: Zoning and Planning Commission Members
Doug Sprinthall, Walser Automotive Group
Paul Walser, Walser Automotive Group
Andrew Walser, Walser Automotive Group
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:
Automobile or motor vehicle reduction yard: a lot or yard where one or more unlicensed vehicles,
or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing,
rebuilding, sale of parts, sale of scrap, storage or abandonment.
Subd. 16. Automobile repair – major: general repair, rebuilding or reconditioning of engines,
motor vehicles, trailers, including body work, frame work, welding and major painting service.
The repair of passenger automobiles, motorcycles, snowmobiles, small engines and trucks not
exceeding 9,000 pounds weighted capacity.
Subd. 17. 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, motorcycles, snowmobiles, small engines and trucks not
exceeding 9000 pounds rated capacity.
Subd. 169. Open Outdoor storage: The keeping in an unroofed and open area a substantial part of
which is visible to the public view from a street right-of-way 50 feet or more in width, or
adjacent to a residentially-zoned area used for such purposes, any equipment, machinery,
inventory, junk, parts, and other such items in the same location for more than 24 hours. (Added
Ord. 95-758) Exterior 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 approved 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. [__]. 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. Motors Repairing 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 adjace nt
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 a
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, adding oil, 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 bay or any
required parking, loading, 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 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 approval subject to the
performance standards for Automobile Sales and/or Lease.
B) New Automobile Sales and/Lease including sales lot and major auto repair provided:
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 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;
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 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 from indirect 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 direct glare.
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 lighting is thirty feet (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.
5. Should the lot abut an R district an acceptable design of screening fence five feet in height
shall be constructed along the abutting lot line;
6. The auto sales lot shall not include vehicles over a 9,000 lb. rated weight;
7. No vehicles which are unlicensed and/or inoperative shall be stored on the premises;
(AddedOrd. 96-787)
8. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed
building except minor maintenance, including tire inflation, adding oil and wiper
replacement; (Added Ord. 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 a separate
conditional use permit approval subject to the performance standards outlined in for
automotive repair.
9. Outdoor storage of parts, materials, or equipment is prohibited No outside storage or
display except licensed operable vehicles for sale or rent 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
Auto Reduction Yard X X
Vehicle painting, body work, repair Automobile
Repair - Major X X
SECTION 5. 540.03. Conditional Uses: I Districts, is hereby amended as follows:
Auto Repair – Major Truck and Large 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.
2. All repair, assembly, disassembly 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 repair 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, 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 pumps/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 approval 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 building codes.
SECTION 6. 550.01, Subdivision 11. Junk Vehicles, is hereby amended as follows:
Subd. 11. Junk vehicles. The parking of any junk vehicle, as defined in Section
515.07 Subd. 93, for more than 30 days within any business district (B -1, B-2, B-3,
or B-4), or industrial district (I-1 or I-2) is prohibited, including the parking of
vehicles awaiting repair. The extension of no more than 150 days extension may
be obtained for vehicles awaiting Sheriff’s sale upon application to the City
Planner and presentation of evidence sufficient to the Planner of intent to sell the
vehicles at the Sheriff’s sale. (Added Ord. 07-986). 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, storing 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: March 6, 2018
Second Reading: March 20, 2018
Date of Publication: March 29, 2018
Date Ordinance Takes Effect: March 29, 2018
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk