CR 05-028 Zoning Auto Sales Lot
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CITY Of:
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February 23, 2005
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Council Report 05-28
HOPKINS
ZONING ORDINANCE AMENDMENTS - AUTO SALES LOTS
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 05-20, recommending
approval of Ordinance 05-941, adopting ordinance amendments for first reading to require
the sale of new cars for auto sales lots.
At the Zoning and Planning meeting Mr. Aamess moved and Mr. Sholtz seconded a motion
to adopt Resolution RZ05-4, recommending approval of Ordinance 05-941, adopting
ordinance amendments to require the sale of new cars for auto sales lots. The motion was
approved unanimously.
Overview.
Last fall the City Council placed a moratorium on the approvals of auto sales lots. There had
been a concern regarding the number of smaller auto sales lots that have been allowed with
the existing ordinance. The existing ordinance allows auto sales lots in the B-3 zoning
district and requires a conditional use permit. Several of the smaller lots have been a
problem with too many cars on the sales lot and junk cars on the lot. The cities of Chaska
and Roseville allow the sale of used cars in conjunction with the sale of new cars. With the
proposed ordinance auto sales lots with a new car franchise will be able to sell used cars as
an accessory use.
Primary Issues to Consider.
. Should auto sales requirements be changed to require a new car franchise?
. What is the staff recommendation?
. What was the discussion at the Zoning and Planning meeting?
Supportin2 Documents.
. Analysis oflssues
. Resolution 05-20
. Ordinance 05-941
Nanc S. Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
YIN
Source:
CR05-28
Page 2
Primary Issues to Consider.
. Should auto sales requirements be changed to require a new car franchise?
By amending the conditions for an auto sales lot to require a new car franchise will eliminate
much of the enforcement problems of the past. All of the violations of the conditional use
permit have been with the used cars lots.
What are the proposed amendments?
535.01 PERMITTED USES
9. New auto sales and/or lease
B-3
(2)XA
Subd. 2. Conditional uses within B districts.
a. New auto sales including sales lot and major auto repair provided:
t. the sales lot shall not be larger in square footage than the square footage of the
building devoted to the related business;
2. 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.
3. lighting of the sales lot shall be totally from indirect lighting;
4. 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;
5. the auto sales lot shall not include vehicles over a 9,000 lb. rated weight;
6. no vehicles which are unlicensed and/or inoperative shall be stored on the
premIses;
7. 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;
8. no outside storage or display except vehicles for sale or rent;
9. no public address system;
] O. no test driving of vehicles on local residential streets
CR05-28
Page 3
11. used car lots shall be permitted only when an integral part of a new car
dealership.
What is the staff recommendation?
Staff is recommending approval of the proposed ordinance.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed ordinance. No one appeared at the public hearing
regarding this item.
Alternatives.
1. Approve the zoning amendment to require auto sales lots have a new car franchise. By
amending the zoning ordinance auto sales lots will be required to have a new car
franchise.
2. Deny the zoning amendment to change require auto sales lots to have a new car franchise.
By denying the zoning amendment the ordinance will remain the same. If the City
Council considers this alternative, findings will have to be identified that support this
alternative.
3. Continue for further information. If City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05-20
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN ORDINANCE AMENDMENTS FOR AUTO SALES LOTS
WHEREAS, an application for Zoning Amendments ZN05-1 has been made by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendments was made by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on February 22,
2005: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendments ZN05-1
is hereby approved based on the following Findings of Fact:
1. That the proposed amendments protect the health, safety, and welfare of the
community.
Adopted this 1st day of March 2005.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-941
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
That Section 535 of Hopkins Code of Ordinances be, and the same and are hereby amended by
amending and adding the following section:
Subd. 2. Conditional uses within B districts.
a. New auto sales including sales lot and major auto repair provided:
1. the sales lot shall not be larger in square footage than the square footage of the
building devoted to the related business;
2. 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.
3. lighting of the sales lot shall be totally from indirect lighting;
4. 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;
5. the auto sales lot shall not include vehicles over a 9,000 lb. rated weight;
6. no vehicles which are unlicensed and/or inoperative shall be stored on the premises;
7. 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;
8. no outside storage or display except vehicles for sale or rent;
9. no public address system;
10. no test driving of vehicles on local residential streets
11. used car lots shall be permitted only when an integral part of a new car dealership.
First Reading:
March 1, 2005
Second Reading:
March 15,2005
Date of Publication:
Date Ordinance Takes Effect:
March 24, 2005
March 24, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date