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02-24-2015 FEBkUARY MARCH MEMBERS S M T W T F S S M T W T F S MCNE I L HUNKE 1 2 3 4 5 6 7 1 2 3 4 5 6 7 FISHER TAIT "� 8 9 10 11 12 13 14 8 9 10 11 12 13 14 FIRTH WALLACE-JACKSON 15 16 17 18 19 20 21 15 16 17 18 19 20 21 KERSSEN ANDERSON 22 23 24 25 26 27 28 22 23 24 25 26 27 28 29 30 31 AGENDA ZONING & PLANNING COMMISSION Tuesday, February 24, 2015 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- ITEM: Approve and sign minutes of the January 27, 2015, regular meeting. --� COMMISSION ACTION: / / / / CASE NO. CUP15-1 CONDITIONAL USE PERMIT - LIFT STATION Public Public hearing to consider a conditional use permit for a lift station at Hearing 402 Hiawatha Avenue COMMISSION ACTION: / / / / CASE NO. . SPR15-2 SITE PLAN APPROVAL - LIFT STATION Public Public hearing to consider a site plan for a new lift station at 402 Hiawatha Hearing Avenue � COMMISSION ACTION: / / / / AGENLA ZONING & PLANNING COMMISSION PAGE 2 --� CASE NO. ZN15-2 ZONING AMENDMENTS - STORM WATER Public Public hearing to consider amendments to the storm water management Hearing ordinance COMMISSION ACTION: � � � � CASE NO. ZN15-3 ZONING AMENDMENTS - INDUSTRIAL DISTRICTS Public Public hearing to consider amendments to the industrial district uses. Hearing COMMISSION ACTION: � � � � � ADJOURNMENT ---� r� �"\ r� � � ��=��. �"� ZONING AND PLANNING COMMISSION MINUTES January 27, 2015 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, January 27, 2015, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Scott Kerssen, Matt McNeil, Mike Tait, Charles Firth, Emily Wallace-Jackson and Andrew Fisher. Also present was staff inember Nancy Anderson. CALL TO ORDER Mr. Kerssen called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Mr. McNeil moved and Mr. Firth seconded the motion to approve the minutes of the November 24,2014, regular meeting. The motion was approved unanimously. ITEM: SITE PLAN APPROVAL—THE BLAKE SCHOOL --,. Ms. Anderson reviewed the proposed redesign of the Blake Athletic fields. Eric Meyer, representing Blake, appeared before the Commission. Mr. Meyer reviewed the issues with the existing fields and the new configuration of the fields. Mr. Meyer also stated they hoped to start in April and be completed for the fall sports. There was considerable discussion about whether there would be a problem with home runs and balls on Blake and Excelsior. Marc Borursky, representing Blake, appeared before the Commission. Mr. Borursky stated that if there was a problem with home runs in the future, Blake would work with the City to solve the problem. It was also noted that the baseball field will not be lit, and the new parking area will have four downward directed lights for security. The public hearing was opened at 6:47 p.m. Bill Gleason of 33 Blake Road South appeared at the public hearing. Mr. Gleason was concerned with home run balls and the lighting of the parking area. Mr. Tait moved and Mr. McNeil seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:49 p.m. Mr. Fisher moved and Mr. Tait seconded a motion to adopt Resolution RZ15-1, recommending approval of a site plan to reconfigure the athletic fields and add an approximately 70-space parking lot at The Blake School. The motion was approved � unanimously. �, t � � MINUTES OF THE ZONING AND PLANNING MEETING, January 27, 201 S'`' ��`�' Page 2 ITEM: REZONE—THE BLAKE SCHOOL � Ms. Anderson stated that this was a housekeeping type rezoning that will make the zoning the same throughout The Blake School site. The public hearing was opened at 7:01 p.m. No one appeared at the public hearing. Mr. Firth moved and Mr. Hunke seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 7:02 p.m. Mr. Firth moved and Mr. Hunke seconded a motion to adopt Resolution RZ15-2, recommending approval of ordinance 15-1085, rezoning the northcast corner of 110 Blake Road South from B-3, General Business, to Institutional. The motion was approved unanimously. ADJOURN Mr. Fisher moved and Mr. McNeil seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:04 p.m. MEMBERS � ATTEST: Scott Kerssen, Chair � --� February 17, 2015 � Planning Report CUPI S-1 CONDITIONAL USE PERMIT—LIFT STATION Proposed Action Staff recommends the following motion: Move to adopt Resolution RZ15-3, recommendin� ��roval of a conditional use permit for a lift station at 402 Hiawatha Avenue. Overview In 2010 the Metropolitan Council approved reconstruction of its regional sanity sewer lift station in Hopkins. It was determined that the existing site at Blake and Lake Street could not be used. The Metropolitan Council evaluated other sites and selected a portion of Oakes Park for the new site for the lift station. The Hopkins City Council approved the Oakes Park site location in 2011. After further investigation it was determined that the Federal Land and Water Conservation Fund Act would not allow this use in the park. The Metropolitan Council looked at other sites, and the residents at 402 Hiawatha were willing sellers. The Metropolitan Council purchased the site in August of 2014. � The building will also need site plan approval. Primarv Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What are the conditions for a Municipal Service Structure? Supporting Documents • Analysis of Issues • Resolution RZ 15-3 ��;- �� Nancy . Anderson, AICP City Pl er Financial Impact: $ 0 Budgeted: Y/N N_ Source: � Related Documents (CIP, ERP, etc.): Notes: CUP15-1 Page 2 --� Primarv Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned R-1-C, Single Family Medium Density. The Comprehensive Plan has designated the site as Low Density Residential. The proposed use complies with both documents. • What are the conditions for a Municipal service structure? 530.09 c) 1. Any structures involving a use in connection with the transmission of electric, telephone, telegraph, gas, water, sewer and other public or private utilities including any fence in connection therewith shall conform to yard requirements, architectural style and landscaping of the immediate neighborhood; 2. Electric power transmission lines shall be located along public street (R.O.W.) or along railroad R.O.W.; � 3. Buildings in public parks provided they are 50 feet or more from all lot lines in an R district. The building as proposed meets the above requirements. The proposed building is a one- story flat roofed building. This building matches the architectural style of the apartments to the east. Alternatives 1. Recommend approval of the conditional use permit to site a lift station at 402 Hiawatha. By recommending approval of the conditional use permit, the City Council will consider a recommendation of approval. 2. Recommend denial of the conditional use permit to site a lift station at 402 Hiawatha. By recommending denial of the conditional use permit, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to 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 � RESOLUTION NO: RZ15-3 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT FOR A LIFT STATION AT 402 HIAWATHA AVENUE WHEREAS, an application for Conditional Use Permit CUP15-1 has been made by the Metropolitan Council; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by the Metropolitan Council on January 26, 2015. 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on February 24, 2015: all persons present were given an opportunity to be heard. 3. That the written comments and analysis of City staff were considered. 4. Legal description of the parcel is as follows: Lot 8 Block 1, Minnehaha Oaks. � NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP15-1 is hereby recommended for approval based on the following Findings of Fact: 1. That the Planning Commission reviewed the conditional use permit. 2. That the proposed lift station meets the requirements for a conditional use permit. Adopted this 24th day of February 2015. ATTEST: Scott Kerssen, Chair '� --� o za ao� �^=zo' 6" �� --—-- SITE IMPERIOUS SUMMARY: i i � EXISTING SITE: �i� // PARCEL 1(SOUTH) 54,583 SF=125 AC �i � IMPERVIOUS AREA 4,147 SF=0.10 AC /� / IMPERVIOUS% 7.6% //� / PARCEL 2(NORTH) 11.395 SF=026 AC � IMPERVIOUS AREA 0.0 SF=0.0 AC i i / IMPERVIOUS% 0.0% i �� 9� i � � PROPOSED SITE: �� PARCEL 1(SOUTH) 54,583 SF=125 AC �i � IMPERVIOUS AREA 9,685 SF=022 AC � IMPERVIOUS% �7�70� i� � PARCEL 2(NORTH) 11,395 SF=026 AC oer�o't �� 9 IMPERVIOUS AREA 0.0 SF=0.0 AC � � �,r33t IMPERVIOUS% 0.0% � � � � DIS 3� yq� � � 5 �� i �a � — — — — — — — — — — — — i i i i i �; �r------------------� i I 4 � � �63 ___—_—_—____'_ 565 � __—I ..'_ �------------------- — , — POWE� ,..,�_,�: _�__:, .. - —— — NER)� oEno . ,�-z-- -,.-ti.w.i��.u�� ( — —_ _ '— __— _____ _ �! l � 5 —_—_ �� SED MCES L27 SITE PLAN SHEET �= —- -—- a \ - T -�-- - �--��---- FOR REVIEW �2 1S CONDITIONAL USE PERMIT APPLICATION 4 { � SITE PLAN evsserver\Prqecls�2014�2014-084.1 MCES L27 Sewage Lifi Stalion Sde DBkL�I¢011�'C3[�4r86M�Docs45�eetslCivifLL27Sde-Plan.tlwg �� i I �"\ � � 1 i I . � � �� January 17, 2015 Planning Report SPR15-2 SITE PLAN REVIEW—LIFT STATION Pronosed Action Staff recommends the following motion: Adopt Resolution RZ15-4, recommending approval of a site plan to construct a lift station at 402 Hiawatha Avenue. Overview In 2010 the Metropolitan Council approved reconstruction of its regional sanity sewer lift station in Hopkins. It was determined that the existing site could at Blake and Lake Street could not be used. The Metropolitan Council evaluated other sites and selected a portion of Oakes Park for the new site for the lift station. The Hopkins City Council approved the Oakes Park site location in 2011. After further investigation it was determined that the Federal Land and Water Conservation Fund Act would not allow this use in the park. The Metropolitan Council looked at other sites in the area, and the residents at 402 Hiawatha were willing sellers. The Metropolitan Council purchased 402 Hiawatha in August of 2014. � Primar_y Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What are the specifics of the redevelopment? • What is the applicant's time line? Supuortin�Documents • Analysis of issues • Resolution RZ15-4 • Site plans J Nancy . Anderson, AIC City Planner Financial Impact: $ N/A Budgeted: Y/N_N_ Source: Related Documents (CIP, ERP, etc.): Notes: ^ SPR15-2 Page 2 --� Primarv Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the property is R-1-C, Single Family Medium Density. The Comprehensive Plan has designated this site as Low Density Residential. The proposed use complies with the zoning and Comprehensive Plan. • What are the speci�cs of the redevelopment? Exterior The building as proposed is a 49' 4" x 59' one story, flat roofed building approximately 19 feet in height. The exterior will be prenolic panels, brown in color, and precast stone panels around the windows with a lighter color. There will be windows with translucent glass. Parking/Access Access to the site will be a driveway from Lake Street NE and Hiawatha. Any worker coming to the site will park on the driveway. .--� Landscaping The west side of the site will remain undisturbed. The landscape plan indicates 22 plantings. These plantings will be placed on the site randomly. The site requires 30 trees. The site has existing trees that will meet the landscaping requirement. Sidewalk No sidewalk will be added. Signage At this time there is no plan for any signage. Setbacks The building has a 37-foot setback from Hiawatha Avenue, 17 feet from the east side and 44 feet from Lake Street NE; the west setback is more than enough. These setbacks exceed the setback requirements for the district. Surrounding Uses � The site is surrounded by residential to the north, east and west and Oakes Park to the south. SPR15-2 Page 3 • What is the applicant's time line? � The applicant is planning to start construction in the fall of 2015. Alternatives 1. Recommend approval of the site plan to construct a lift station at 402 Hiawatha Avenue. By recommending approval of the site plan, the City Council will consider a recommendation of approval. 2. Recommend denial of the site plan to construct a lift station a 402 Hiawatha Avenue. By recommending denial of the site plan, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Commissic�n indicates that further information is needed, the item should be continued. � � i` c ,e� � _ 1 � ■ '`_ � � I� ■ _ • �_ � I ■ ' � . 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L27 H— — —CW---EV—G = 1� — m ^-4 I I I I M I M I 10 1 10 1 D cn --4 m r - m Oz E =3O I I I I M I M I 10 1 10 1 D cn --4 m r - m Oz 1309218-139 HOPI, iATIUNW4M0�L4{X-A-l3T-F1EV,6WG pL0T1®: IYp1A168410...�. - I 7P T v'r'i Z e.. l 1151 ttr n G`' 5 f iNvl � yrJ�1%Pill&�{ lr r ml 4 r I m(lf',=1�° �9 pp� m9 WWm9 �O SO �O iSO wb Y�yAp wq Ui ry� 2 M L7 9 S bm 8A Z O y{n c2iZ n rn, iNvl yrJ�1%Pill&�{ lr r ml ui A � ma mq mo m° � o 'o o 90 90 (� wq 4 wz �I Z Z a �n N 2 0 m z o S n mo m,o mo m� �10 1 1w�wda.IawlCp �dtp , 1 .......�. —� February 17, 2015 Planning Report ZN15-2 ZONING ORDINANCE AMENDMENT—STORM WATER Proposed Action Staff recommends the following motion: Move to adopt Resolution RZ15-5, recommending approval of Ordinance 15-1088, amendin�the Section 546, the Storm water ordinance. Overview Attached are proposed amendments to the Storm water ordinance. The reason for the proposed amendments is to satisfy the new requirements of the Municipal Separate Storm Sewer System (MS4) permit, which the City is required to adhere to by state law. The update also creates consistency among the City of Hopkins storm water rules and the rules of the Minnehaha Creek and Nine Mile Creek Watershed Districts, and the requirements of the National Pollutant Discharge Elimination System (NPDES)permit. � WSB, the City's consultant, proposed the amendments. Suqporting Documents • Analysis of Issues • Resolution RZ15-5 • Ordinance 15-1088 Nancy S derson, AICP City Pla er Financial Impact: $ N/A Budgeted: Y/N N_ Source: Related Documents (CIP, ERP, etc.): Notes: � �� "�. �� i � ZN 15-3 Page 2 � Alternatives 1. Recommend approval of the proposed amendments to the zoning ordinance. By recommending approval of the amendments to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recommend denial of the amendments to the zoning ordinance. By recommending denial of the amendments to the zoning ordinance, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to 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 � RESOLUTION NO: RZ15-5 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS TO THE STORM WATER ORDINANCE WHEREAS, an application for Zoning Amendment ZN15-2 has been initiated by the City of Hopkins; WHEREAS,the procedural history of the application is as follows: 1. That an application for zoning amendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on February 24, 2015: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered. � NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN 15-2 is hereby recommended for approval based on the following Findings of Fact: 1. That the City of Hopkins is required to satisfy the new requirements of the Municipal Separate Storm Sewer System. 2. That the proposed amendments to the storm water ordinance will comply with the state law. 3. That the proposed amendments will create consistency between the City of Hopkins storm water rules and the rules of the Minnehaha Creek and Nine Mile Creek Watershed Districts. 4. That that proposed amendments will meet the requirements of the National Pollutant Discharge Elimination System permit. 5. That the Zoning and Planning Commission reviewed the proposed ordinance. Adopted this 24th day of February 2015. Scott Kerssen, Chair � Hopkins City Code (Zoning) 546.01 —� CITY OF HOPKINS Hennepin County,Minnesota ORDINANCE NO. 2015-1088 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 546, is the same and is hereby amended by adding the following underlined language and deleting the following s�l� language, which reads as follows: Section 546—Zoning: storm water mana eg ment 546.1 Purpose. 1) Purpose. The en�eral purpose of this Section is to establish regulatory requirements for land development and land disturbin� activities aimed at minimizing the threats to public health, safet�public and private property and natural resources within the communitv resulting from construction site erosion and post-construction storm water runoff. � 2) Findings. The City of Hopkins finds that uncontrolled storm water runoff and construction site erosion from land development and land disturbing activities can have significant adverse impacts upon local and regional water resources, diminishing the Qualit�public health, safetv, public and private propertv and natural resources of the communitv. 3) This ordinance is intended to meet the current construction site erosion and sediment ^ control and post-construction storm water management re latory requirements for construction activity and small construction activit�(NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14Zx�b)(15), respectivel� 4) Statutorv Authorization. This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Chapters 103B and 462; Minnesota Rules, Parts 6120.2500-6120.3900, Minnesota Rules Chapters 8410, 8420 and 70510.0210. rr�t, „��t,:� ,,.-a;,,,,.,,.o :� .,, „ „�e „a o„t,,,,,,,o �t�o ��,,..,,, ,. ,;�t,;,, ,....,,�o ..,,,,-, ,�ro�o,-„o � �,,,,,-,.o� „ r� y,...t,.,.,� r- r- -- - -- +�, r;�., „� u„��:,,� „a „«^��Fei�l--��i�o o��,..� oa i..> ,,,-�., �;*o ��. Section 546 1 Hopkins City Code(Zoning) 546.01 . � �� u.,.,o ., ,.oa„r,.:,,�.,,.o„��., ,ari,. �,,;��. �.1 T T�..7o,-.. .,1 .. ,.,��.,..o� � .,,-t � ..,lv.,..o ..4'�,,.,L, . o��*;.,., 546.2 Incorporation by Reference. The Citv of Hopkins En 'ni e�e�ng Design Guidelines, dated December 2002, as it may be amended from time to time, is herebv incorporated into this ordinance as if fully set forth herein. The Guidelines shall serve as the official �uide for storm water principles, methods, and practices for�roposed development and redevelopment activities. �546.3 ApplicabilitX. Subd. 1. Every application for a conditional use permit that involves construction of a building, subdivision approval, or a permit to allow land disturbing activities must submit a storm water management plan to the planning department. No conditional use permit, subdivision approval, or permit to allow land disturbing activities shall be issued until approval � of the storm water management plan or a waiver of the approval requirement has been obtained in strict conformance with the provision of this ordinance. The provisions of section 546.07 of this ordinance apply to all land, public or private, located within the City of Hopkins. Subd. 2. Minnesota Pollution Control Agenc�MPCA� The MPCA is the permitting authority for land disturbing activities requirin� an NPDES Permit for construction activitv, including the requirements for developing and implementing a SWPPP. Where required, the NPDES Permit is in addition to permits required bv the City of Hopkins. Subd. �3. Exemptions. The provision of this ordinance do not apply to: a) Any part of a subdivision if a plat for the subdivision has been approved by the City Council on or before the effective date of this ordinance; b) Any land disturbing activity for which plans have been approved by the watershed management organization and the City of Hopkins within six months prior to the effective date of this ordinance; c) A lot for which a conditional use permit or building permit has been approved on or before the effective date of this ordinance; � Section 546 2 Hopkins City Code (Zoning) 546.01 �-�, d) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles; e) Waiver of plat, re-plat, plating of a developed lot, or a single lot division; fl Construction of a single to four-family home; g) An addition to an existing building that does not require a conditional use permit; h) Construction of a detached accessory building that does not require a conditional use permit; i) Emergency work to protect, life, limb, or property; or, j) The improvements involve the enlargement of a building that is less than 10 percent of the total floor area of the existing building or 5,000 square feet, whichever is less. ��546.4 Waiver. The City Council, upon recommendation of the Planning Commission, may waive any requirement of this ordinance upon making a finding that compliance with the requirement will involve an unnecessary hardship or the project does not have any significant alterations of existing storm water conditions and the waiver of such requirement will not adversely affect the ,--� standards and requirements set forth in Section 546.04. The City Council may require, as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct as may be necessary to adequately meet said standards and requirements. Application. Subd. 1. A written application for storm water management plan approval, along with the proposed storm water management plan, shall be filed with the planning department, and shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted by right or as an exception in the underlying zoning district and adequate evidence showing that the proposed use will conform to the standards set forth in this ordinance. Prior to applying for approval of a storm water management plan, an applicant may have the storm water management plan reviewed by the appropriate department of the City. Subd. 2. Required information. Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted to the planning department and shall be accompanied by a receipt from the City evidencing the payrnent of all required fees for processing and approval as set forth in Section 546.05 subdivision 5. A bond will be required by Section 546.05 subdivision 4 in the amount to be calculated in accordance with that section if the improvements have not been completed at the time the certificate of occupancy has been completed. Drawings shall be prepared to a scale appropriate to the site of the project and ^ suitable for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. Section 546 3 Hopkins City Code (Zoning) 546.01 Subd. 3. ��@i�3`v'r'��2�t'kg2'i��t—a�r�3l..��cvirir`�du'c��i.�ir�u-z"r�p�ruiz �t,.,ll .. .,+.,;., �l,0 4�,11.,.,,;,,R;.,4�,......,�;.,,,• . ^•1,- �ro�� ..1,,.7;.,..• � ' > > > > ..�lo ..�.7,-.,..,;.,.. �,,.7 ,� ,�,l.o,-.,��l,00��• � > > „+;l;�;o� „L..a;..;�;.,., �.,.,.,,� �,,.a ,a;.,�,.:..+� ., .,�1,0,.1.,,,.a,.,�,-L�- � n > > 0 1,,,..;,�.. ., „�.,,,,-;.,�o,-...,i .,,-o��or�1,�„ �...�, /7l F o+• � > > > > � � > > T ., .,�;.,., .,.,.a ,7;,,.. .,�'o ��;.,., �*.,,-..,.,.��o,. .7,-�;,,.,..o � ,�+o,.,� �.,�1 ,,.,+„«.,1 .7,..,;,,., ��+o,-.,� � > > > > �o�*;,,.. F,.+1, �L..,�o � �,�+l,o,,.,�l+oro.a �;�o.�.l,oro �t.,,-Y,�,.:»�er...,lle..��• � � • 0.7;.,1 ��a..� �.,l.o+�l.o„ 1..,�t,o.7o„el.,,.o,-�., r .,.7or�l,o �.,;1� � ,;*.,l.lo• 0 0 � � i nn. ,.�,,,.a ,�i.,;.,� �,,,.a �.;,,,.o� .,,,a �,,,,a . � , . e„t,a n c;�e�6i�'.rt�st�e" "��}��Ee��t�E�i6�r3^�"�a'��'�". �,F+l,,,�o .,,.+;.,;+;o�. � M\ T ,,...,+;.,.,., �,,.a .7;,,,0„�;.,,,� .,�.,11 +o.,..«,.«.,,... �.,;1 ,,,-.7;..� �+.,..L..;lo�• � �., „-.00+�l,o,- .,�� .,f�L,;� .,...a;,,..,,..o• 0 0 � ``� Section 546 4 Hopkins City Code (Zoning) 546.01 � t�c�e�iex}e�s--o-��ki� „�a;��. „a , " ��r ,..•„ .,,o o :��:.,,.�;�o,,,. ��,,,..,;,,,,+�.,o�;�o ,.�,.,.,,.o� ; ,.�„a;.,,.. �i��a ,....,a;.,,. �t,��een�-r��t�.. � a �+o,-.,�i ,;aoa „�,,,.,o „ � > > > > � �.,,,....,.,,,,+o.-...;�� o ,. .oa �.,,,„ �t,o �;+o .,,,a �o�;.,,. �,+t, *�,o ., „�+�,e �;*o.,,�,o,.o ��,,,..,....,.,+o...,,:�i �o .,�i,,..,oa +,. ,.,.�io,.�. � � ��,,,,,,,,,,,,,+o.,...;�i �o „ .oa �.,,.�, �t,e �;�o .,,,a �o�+;,,,. �.+t, +�,o ., „��,o �;�o.,,�,o,.e ��,,,...,...,,+o...,.;�i �.o .,ii,,..,oa �„ ,.,,�to,.�. � �' �'��Se�--Si�.o� .,i;,.,,,�.o.,+ �„a ;.,.o„aoa , o „�.,,,.. ��,-,,,.�,,,.o� +„ i,o o a„�oa ,,,, +t,;� �'� «��c�ea�e��ea�e�--a��at�e��€-��-�., ,.�,;,,�, ��,.,�� .o ,. ,aa ,,.�,.oa� ,.�„a:.,,� ., ao�,.ri...;,,., „��,o � ,..�,.;,,,�,,,.,+o..:.,� *„ �.o, o,�. .,,,a � ��y�e�-t�c�e��e��€-�l�e-�e}es�:Unless otherwise exempted bv this ordinance, an application for storm water mana�ement approval shall include the following as a condition for its consideration: , A Storm Water Management Plan; b) A Maintenance Agreement. The Storm Water Management Plan shall be prepared to meet the requirements of Section 546.8 of this ordinance as well as the requirements within the Citv's En ineering Design Guidelines; ^ the Maintenance Agreement shall be prepared to meet the requirements of Section 546.7 of this ordinance. Section 546 5 Hopkins City Code (Zoning) 546.01 In lieu of preparation of a Storm Water Management Plan, major single-family residential projects and minor expansion projects may install a rain ag rden or similar storm water improvement as described in the Cit 'y s En ing eerin D�esign Guidelines._ � 34��546.5 Process. Subd. 1. Storm water management plan meeting the requirements of Section 546.04 shall be submitted by the planning department to the Planning Commission for review in accordance with the standards of 546.06. The Commission shall recommend approval, recommend approval with conditions, or recommend denial of the storm water management plan. Following Planning Commission action, the storm water management plan along with the conditional use permit and/ or subdivision approval shall be submitted to the City Council at its next available meeting. City Council action on the storm water management plan must be accornplished within 120 days following the date the application for approval is filed with the planning department unless there has been no delay caused or requested by the applicant. Subd. 2. Duration. Approval of a plan submitted under the provisions of this ordinance shall expire one year after the date of approval unless construction has commenced in accordance with the plan; however, if prior to the expiration of the approval the applicant makes a written request to the planning department for an extension of time to commence construction, setting forth the reasons for the requested extension, the planning department may grant one extension of not greater than one single year. Receipt of any request for an extension shall be acknowledged by the planning department within 15 days. The planning department shall make � a decision on the extension within 30 days of receipt. Any plan may be revised in the same manner as originally approved. Subd. 3. Conditions. A storm water management plan may be approved subject to compliance with conditions reasonable and necessary to ensure that the requirements contained in this ordinance are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of�the site design to ensure buffering, and require the conveyance to the City of Hopkins or other public entity of certain lands or interests therein. Subd. 4. Performance bond. Prior to approval of any storm water management plan, the applicant shall submit an agreement to construct such required physical improvements, to dedicate property or easements, or to comply with such conditions as �nay have been agreed to. If the improvements have not been constructed at the time the certificate of occupancy is issued, the applicant shall provide a bond to cover the amount of the established cost of complying with the agreement. The agreement and bond shall guarantee completion and compliance with � Section 546 6 Hopkins City Code (Zoning) 546.01 �^ conditions within a specific time, which time may be extended in accordance with Section 546.02. The adequacy, conditions and acceptability of any ageement and bond shall be determined by the City Council or any official of the City of Hopkins as may be designated by resolution of the City Council. Subd. 5. Fees. All applications for storm water management plan approval shall be accompanied by a process and approval fee as per section 10 of the City Code. 546.6 Storm Water Treatment Maintenance Plan and Agreement. Subd. 1. Maintenance Agreement. The Responsible Partv shall enter into a Maintenance AQreement with the Citv that documents all responsibilities for operation and maintenance of all storm water treatment practices. Such responsibility shall be documented in a maintenance plan and executed through a Maintenance Agreement. The Maintenance Agreement shall be executed and recorded against the parcel. The Storm Water Maintenance Agreement shall be in a form approved by the Citv and shall describe the inspection and maintenance obligations of this section and shall, at a minimum: a) Designate the Responsible Party, which shall be permanentiv responsible for � maintenance of the structural or nonstructural measures. b) Pass responsibility for such maintenance to successors in title. c) Grant the City and its representatives the ri t of entry for the purposes of inspecting all storm water treatment practices as described in Section 546.10 and Section 546.1 l. d) Allow the Citv the ri t to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the Responsible Party as described in Subd. 4 below. e) Include a maintenance plan that contains,but is not limited to, the followin�: (1) Identification of all structural storm water treatment practices. �) A schedule for regular inspection, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functionin� as desi�ned and may include, but is not limited to, Qualit ,y tem�erature, and quantitv of runoff. �3) Identification of the Responsible Party for conducting the insnection, monitorin� maintenance for each practice. .�, fl Identify a schedule and format for reportin�compliance with the Maintenance Plan to the Citv Section 546 7 Hopkins City Code (Zoning) 546.01 Subd. 2. Inspection of Storm water Facilit�pection pro�is shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of draina�e �� basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants• inspections of businesses or industries of a type associated with higher than usual dischar�es of contaminants or pollutants or with dischar�es of a type which are more likely than the typical discharg.e to cause violations of state or federal water or sediment quality standards or the National Pollutant Dischar�e Elimination S sty em (NPDES storm water permit; and, �ioint inspections with other a�encies inspectin� under environmental or safety laws. Inspections mav include but are not limited to, reviewing maintenance and repair records; sampling dischar e�s, surface water groundwater, and material or water in draina�e control facilities; and, evaluatin� the condition of draina�,e control facilities and other storm water treatment practices. When any new storm water treatment practice is installed on privateproperty, or when anv new connection is made between private propertv and a public draina� control system, sanitarv sewer, or combined sewer, the property owner shall grant to the Cit t� right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the Citv has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. The director of public works, or designated representative, shall inspect all storm water management facilities during construction, during the first vear of operation, and at least once " ever.�years thereafter. The inspection records will be kept on file at the public works department for a period of six years. It shall be responsibilit�e applicant to obtain any necessary easements or other property interests to allow access to the storm water mana eg ment facilities for inspection and maintenance purposes. Subd. 3. Records of Installation and Maintenance Activities. The Responsible Partv shall make records of the installation and of all maintenance and repairs of the storm water treatment practices, and shall retain the records for at least three (3Zvears. These records shall be made available to the City durin�pection of the storm water treatment practice and at other reasonable times upon request. Subd. 4. Failure to Maintain Practices. If a Responsible Part�ails or refuses to meet the requirements of the Maintenance A�reement, the Citv, after reasonable notice, may correct a violation of the design standards or maintenance needs b�performin�all necessary work to place the storm water treatment practice in proper working condition. In the event that the storm water treatment practice becomes a dan e� r to public safetv or public health, the Citv shall notif�� Responsible Partv in writing. Upon receipt of that notice, the Responsible Party shall have 30 da�perform maintenance and repair of the facilitv in an approved manner. After proper notice, the Cit�may specially assess the owner(s) of the storm water treatment practice for the � Section 546 8 Hopkins City Code (Zoning) 546.01 _--� cost of re�air work and an�penalties; and the cost of the work shall be assessed a�ainst the propertv and collected along with ordinary taxes bv the countv. 34C-�546.7 Approval Standards. Subd. 1. No storm water management plan which fails to meet the standards contained in this section shall be approved by the City Council. Subd. 2. Projects with land disturbin�activities one acre or �reater shall meet the current requirements for storm water mana�ement as specified by the City's En in�ering Desi�n Standards and MPCA Construction General Permit. All land disturbing activities within the citv disturbin�less than 1 acre and down to 10,000 square feet or which will result in more than 200 cubic vards of cut or fill are only required to follow the Construction Site Storm water Runoff Control standards set within the Citv's En in�eerin Desi�n Guidelines. The standards should follow the following requirements: a) Erosion Control b) Sediment Control Practices c) Temporarv Sediment Basins d) Dewatering and Basin Draining e) Inspection and Maintenance '�` fl Pollution Management Measures/Construction Site Waste Control g) Final Stabilization h) Trainin� � � �a � c;.o a *or: ��3�e�1--�e�1--t�}�::�:: t,� +,.o.,.oa �� . , cc�r�2l=ircvrrii �, �.....�.,.. scrx�cpvrar�=��crr��l9i�&Sfl�:�gfi+r"�2�5��--��@��-�9�i�--��A- •ry"c�8, "-�rrri�^vrr^v��Ai'�-(#-��O�t�F6�i�@-6Ai��6� . v��,•c iczrg,� •,cr+cnu�cr'H�rsl?�-f!F6��6i3-6��6@�-6� �.L,.,«„ol� ., ,o+l�.,.a Cucrv��.��x.-�,zJ�c�--ccrxz-zrra�EFi-iti--�'.r�e�--�l�-�zr:T�o ,,.a o.7 1.,,;1.7;,,.' ,,,�40,�;�1 > > > > ♦ ' 7 \ �l, 11 l. 0.-1. .7; ,a F �� '+ .a � 11 0.7 �,. ],a o . r� muccn "v .. .,. ..�. .,.... »,... ...,� »...,.....� .., .,.. ........... �� _»__�`_ „�., „ ..1,�,,,,ol ., t�,,...... ,��e..� �...�....::b .............+. .,. ..,...,.... .,....:.. �j.,....... C l..a n T_ �7� �.,..1, '+0 1,.,11 L,�.,o olo,i ,.,,.,,7� o � .a,.:..o� .,,,.a .,,.L;.,.' . . 2YuGY�ciir�Lcsc[a�r�c'�xraz'r-nsrv��.... .........� ».......,., ........, ».. Y•.••"' 'b PrT�°u�e��• A.,., �o.a;,,,o.,4 ro��.l,;,z., ., „1.1;.. ., ,�*e :.,:.7 �l,.,ll l.o :�.,...::.7 1... �. ..�.,. .,.. �. „� � � ,.lo.,,�;,,.. l,,,.♦ fl„�1,;.�,..1 1.04'..«0+l,o o.,a ��o�..l. . .,«L.7.,., ., ---'- -'--'-------o � -------oi - -'---" - �. /� Section 546 9 Hopkins City Code (Zoning) 546A1 �„l.a c r� • ' ��}-9�eE�i6 n 1� �,,,..,., a,..,;,, .,to�� ;,1,.,11 1�,0 �.o,..oa�b . . rum�izrc. i�rr►rJcrn�r-�rzsx�rinr coa.cc � �� n n �„i.,a � c;�e-e�o�t�ei -ri,o �i�.....:.... ....:.o..:,, r„ �t,,.,,,,,.i, a� ., „i., ,,,,�., +� ,.,,.,��,..,,,�;,,., .,,,�:.,:�;o� �i,,,�.. „i�; „��o.,..;,,,.+�,e �;�e � • � . , � �e . �.,,,-o �,,;� o oa .,� ., o�;,,.,o „�.�o,.+:,,,,� �,� .,.,a �� ,,,.�,� ,,..a �� o�� +r�� st�-�;e� o +o,..,..,,...,,... o o.,+ oa;,,.,o.,*„�;,,., �..,�;,,� ��,�ii i..o � +,�� i,��;,, a t�e�s�—t�i�z o� � a „��, „a „��..,,,.+� • crra.�a�r�uizu� ccr-v x—c�v�r rravcv�r-iii l.o oa *� «+� .,1.,,,..+1�0 ,a;�.,1,�.-..o ..1,�,,.,ol .,..+l,o r ..,�o.. > > > . � > > �n..�:,,.. ..1.o,a„l o �7� �� Section 546 10 ' Hopkins City Code (Zoning) 546.01 i� �e ., ,,.,a....,., ,.,. a.. .a��o� r�',.o.,,,,;,,;,,R F,. ,,., o �t,.,,, �o o„ a.,.,��l�a��h.,�� t.o > > • �ii�G��@fS� ,.;le T„ ��,-ov+ ,�;1;�. �+,-. ..�;�s.,;l ,7;,.F J�e�ge-��a�e�c�ose�—*�„�Tee�-e��e��r��e��go ,.,,,,.,,,e� ,�� .o ..oa . ,;.,, �,,,.v,� „ ,;+„�.,o „��o...,.,�;.,o ,. „�,-„i ;f o oa �..�,.,.o ��,.,., � er a.,.,� v.v.vu r•.a..a �u..Yv v. .,..........., ............»...... ......�. .� .. ..:t,�.....a ..,�....,... .......� .,�.�.�. ......J.,� �rJL Subd. 3. Performance Criteria for Storm Water Mana e� Unless determined bv the City to be exempt or granted a waiver, all site designs shall establish storm water mana�ement practices to control the peak flow rates and pollutants of storm water dischar�e associated with specified desi�n storms and runoff volumes, as detailed in the Cit� En ing eering Design Guidelines. a) New Development: rate control, volume control, and water quality standards shall applv to all new development. There shall be no net increase from pre-project conditions (on an average annual basis) of total volume, TSS and TP. New development projects shall retain a runoff volume equal to one inch times the area of the proposed increase of � impervious surfaces on-site. b) Redevelopment: rate control, volume control and water qualitv standards shall apply to all redevelopment. There shall be a net reduction in the amount of TP, TSS and storm water runoff volume leaving the site as compared with pre-project conditions. For redevelopment proiects where the project proposer intends to add more impervious surfaces the new development treatment requirements must be applied to the net increase of impervious surfaces. Additional treatment must also be included to reduce the volume, TP and TSS loads from the existin�impervious surfaces. Q 1,ncrv'�.cr-�-v�cvrnr�vruccrziii�icugvirrcrrs-circcrnrioi-p�.'::;....,�:+ �::1�+;�" n, A« «7;,,�.,♦ �L,.,l�+�lccrri�i vvi�S�Fk�E�6i�6�6 iiT ��O�t�6�i'b'+`•, � �2H�—�&Ei��B'S��@E a �� *t, � +�,o *.,,,, . +o., . „a i nn , r+,,,�,,, ,�o.,i, a;�,.i.,,,.,,o .-.,�o� rrrcra,��v�rrJv azrrc-a-i..� �..., �:.�., ,.,.. �'�::. :.... ..... �'�;: ��.,.... t.,...,.._ ....,.,--�-b., .»..,., � +l,o ..1; ,�+ �� Section 546 11 Hopkins City Code (Zoning) 546.01 l�,l Tl,o ., «1;...,.,+ �L.�71 �. �;.ior��;.,,, +�, ,-o.a„�.;,,� �]�o..00,a �.- � � � �1;�.,.,F�l,o. .o�l�,,.a ., ,,.a +.,...,,....,*o,,,,,,,,,,,,,o.,,,o.,��.1.,,, ;,, �l,e f 11�,.,.;.,..ao�..a„a;,�R�11�.,�',.,-o�,-e.,..o !t\ T�T��,,,-„1 :,,�1+,-�+;.,,, .,�,.,-o..;.,:��;.,,, .�. �;fo• � !'1\ L'1., ��o .,�;.,., l.. o .,��, o+��o.a �la ,�d_«.,�„�l .a .,�• ravpiv-uuic�ico� (2\ C4.�.-.v....n4o.-.-o4or�4i�r� �ni�i4ioc.• .�r�a f r�� e.,,,...,,..,.,*o,.ae.o.,+;,,,, �,.;i;+;o� Eent�e�e�rt�e�e�r�ee-rf}��seEt�e�eiL�Jt��t}en-�,�„ '��Y:�.•:u�� ;, �,,o „ ..�:,,,,,,+ �,.��,o Y,.,o��,,,a �o�a,.+oa Subd. 84. Design standards. Storm water detention facilities constructed in the City of Hopkins shall be designed according to the most current technology as reflected in this ordinance and the r�r'�irDr��6" nD,..,+o.,+;.,,, �x7�+ar (1„�1;+., ;.. 7 Trl,�,, A,-a�� .,.a �l,�ll ., ..��;,,. �* �L.o ' ^ ' "�i �,.,� *'�� "�...;�R a��;� ��*�r�:Cit '� in� eerin�Desi n G�u�idelines. a „ o ,.�o„��t��e--t#e-�e�ta, ,,.,�;,,�,o.,e.. „ .,� ; � t,� n„ � e.,�,,,,,,i ao��t, f,-�,,,-+�fo„ � �.:b.�.�,:..,............ t...... ....t.... ...� �..». ... ..... �.. ,.� \ A .,*,. .,1 lo,�,�.+1, �., ,;�h r.��a�£2•l �.,+o 0 0 «� .11 A .-.,+e.,t;<.o �1,o1F o.,+0,,.7;..�. *o., �o+ ;.�,+.�. +L,e ., a,�,f .. ,.1 . .;+1, ., rl..,.o .�� i n.i t,o..,..,a ..,t,;,.�, �i,,..o� ��,�„t,� „��,.�� 2•�� . , . , � n „+o,..;.,o �.,,��,- �.,.:,. „� . ,�o�.,.;,,,, „a;,,rt *�,o r a,� .. „i .,. ,;a+t, „�,,..o,.,,a ii� c �o��• . , #�---,4'��e��e�e�t�e�a��-�ve—��e��ee-�e--l�ee� e'�-g�ea��, �� ,,,,,.,,,.,,o,,,,,.o..:,,� �.,.,r. .... „ a,....,,��..o.,.... „ „�+ „�.,,,,.,.,�� „ ,.�+;,,,,�• o � � + �» �a �,.,a..,,�„ • a � �• � �;,,,, � •, 9-�ea�-��ei�e�•�i�rnrEc�e-�t�e �ia,—rirvcrcrs=mxv�nanon �i Section 546 12 � Hopkins City Code (Zoning) 546A1 �.� 0.7 „-, .70�0 o.,L fl., �l,�ll l,o „1..,�:�+o.a .,1., ,;+1, +l,o �a,�...�.., .,+o ,....,«.,.,�o .�;+ ,� � --.�..,:.,:.,.... .,, � .,.... , .- ,�, �-— --- --- -------o r---- --- -� - -- � - -� --- - " v � i.vauirrucvi�iiauu�ua a. ) • �'ziT'�1rT�'�[CY—t'3Pi��t�tli��GT1�4:o�. ,n4 1�.�..��'e_��,n oa .,,-F;..loc. ,. ,-4� rl;c...l�,.�r�.n ir�4� n rn4nr�.�ii,-n c�4�.-., o L..� Subd. 15. Wetlands. a) Runoff shall not be discharged directly into wetlands without presettlement of the runoff. b) A protective buffer strip of natural vegetation �* '�� „� ��a "� c ��*` ;� «.;a+'� �'��" ��^a �" �-��*'��a�must be retained in accordance to the standards given within the City's En ineerin��in Guidelines. c) Wetlands must not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas of at least equal public value. Replacement must be guided by the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity '� and its implementation; (3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; (4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and (5) Compensating for the impact by replacing or providing substitute wetland resources or environments. Subd. �96. Steep slopes. No land disturbing or development activities shall be allowed on slopes of 18 percent or more. Subd. �7. Catch basins. All newly installed and rehabilitated catch basins shall be provided with a sump area for the collection of coarse-grained material. Such basins shall be cleaned when they are half filled with material. Subd. �8. Drain leaders. All newly constructed and reconstructed buildings will route drain leaders to pervious areas wherein the runoff can be allowed to infiltrate. The flow rate of water exiting the leaders shall be controlled so no erosion occurs in the pervious areas. -� c t.aav�i�-iaspeE�36 „a „+�r„o n tt �+.,,..Y,,,,��or ,,, o„+ �,.;l;�;o� �l,.,ll 1.0 � Section 546 13 Hopkins City Code (Zoning) 546.01 T�e—�eE�ei �� „'�':� ��e�—e�—�es��e�ep�ese�`Le;—s��-�� + .,�� ,,,.�,,.,,��o.. �- , � 2`;`��`2E}F`'r�l@FG�� . Tl,o v,.+;,, o ,-.7� ,;11 1,o Le,,f �� cr�—� „t,l; ��.�rL� „�� „ „+l,o,. ., e.-t.. ;,,�o.-o�+� ♦�, �ll�,.�, � � ��,�l�a vv.�.�ua� vu..�..,...�...�., .,. ......... 1..:.".t......� ...�......,..., ..., »...,.. ».......,., �., .._.. �..;l;+;o., f,.; o�.*;.�„ �,,.� Y,, ..+o..,,,,..o�. Subd. �49. Models/Methodologies/Computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the director of public works. Plans, specification and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computation shall appear on the plans submitted for review, unless otherwise approved by the director of public works. Subd. �10. Watershed Management Plans/Groundwater Management Plans. Storm water management plans shall be consistent with adopted watershed management plans and goundwater management plans prepared in accordance with Minnesota Statutes section 103B.23 1 and 103B.255 respectively, and as approved by the Minnesota Board of Water Soil Resources in accordance with state law. Subd. �11. Easements. If a storm water management plan involves direction of some or all `-- runoff off of the site, it shall be the responsibility of the applicant to obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. 34�546.8 Use of impervious surfaces. Subd. 1. No person shall apply fertilizer to or deposit grass clippings, leaves, or other vegetative material on impervious surfaces, or within storm water drainage systems, natural drainage ways, or within wetland buffer areas. Subd. 2. Unimproved land areas. Except for driveways, sidewalks, patios, areas occupied by structures or areas which have been improved by landscaping, all areas shall be covered by plants or vegetative growth Subd. 3. Fertilizer Content. Except for the first growing season for newly established turf areas, no person shall apply liquid fertilizer which contains more than one-half percent by weight of phosphorus, or granular fertilizer which contains more than three percent by weight of phosphorus, unless the single application is less than or equal to one-tenth pound of phosphorus per one thousand square feet. Annual application amount shall not exceed one-half pound of phosphorus per one thousand square feet of lawn area. �� Section 546 14 ' Hopkins City Code (Zoning) 546.01 -� Subd. 4. Buffer zone. Fertilizer application shall not be made within one rod (16.5 feet) of any wetland or water resource. 546.9 Inspection. Subd. 1. Notification. The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall noti the permittee wherein the work fails to complv with the Erosion and Sediment Control Plan as approved Subd. 2. Procedure. The Applicant is responsible for regular inspections and record keeping needed to document compliance with the permit requirements. The Applicant must inspect the construction project once per week and within 24 hours after a rain event greater than 0.5 inches. The Citv mav conduct inspections as needed to ensure that both erosion and sediment control and storm water measures are properly installed and maintained prior to construction, during construction, and at the completion of the project. The Applicant shall notifv the CitY a minimum of seventy-two (72 hours prior to the followin�required Cit�pections: a. Initial Inspection - when all erosion and sediment control BMPs are installed. This inspection must be completed before a buildin�Permit can be issued. b. Project Complete Inspection -when the project is complete including, but not limited to, ^ final gr��, installation of all storm water mana�ement facilities, and final stabilization measures are complete. One vear warrantv begins after inspector approves project. c. Warrant ��Inspection - completed one (1) �ear later to confirm that permanent site stabilization methods have been successful and ve�etation has been established. Subd. 3. Reporting. The Applicant shall submit reports to the administrator under the followin� circumstances and shall submit recommendations for corrective measures, if appropriate, with such reports: d. There are delavs of more than seven (7) days in obtainin� materials, machinery, services or manpower necessarv to the implementation of the Storm Water Mana�ement Plan as scheduled. e. There are delavs of seven (7)days in land disturbing or filling activities or soil stora� f. The work is not being done in conformance with the approved plans and permit. Any changes to the approved plan must be submitted to the administrator for review and approval before work can commence. 546.10 Ri t of Entry. ^ The issuance of a permit constitutes a ri t-of-entry_for the Citv or its contractor to enter the construction site. The Applicant shall allow the City and its authorized representatives, to: Section 546 15 Hopkins City Code (Zoning) 546A1 � a. Enter the permitted site for the purpose of obtaining information, examining records, conductin ig 'nvestigations or surveys; � b. Brin� such equipment on the site as is necessary to conduct such surve.vs and investi at� ions; c. Examine and copy any books, papers, or digital files pertaining to activities or records required to be kept under the terms and conditions of the permitted site; d. Inspect the storm water pollution control measures; e. Sample and monitor any items or activities pertaining to storm water pollution control measures; f. Correct deficiencies in storm water and erosion and sediment control measures consistent with the City's ordinances and the engineerin�guidelines. 546.11 Search Warrants. If Cit�plo�es have been refused access to an�part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there ma.y be a violation of this ordinance or that there is a need to inspect and/or sample as part of a routine inspection and samplin�program designed to verifv compliance with this ordinance or an o� issued hereunder or to protect the overall public health, safetv, and welfare of the communit. ,yy the � Citymay seek issuance of a search warrant from any court of competent jurisdiction. �'�546.12 Penaltv. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than five dollars or more than five hundred dollars for each offence, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. a) Notice of Violation. When the Citv determines that an activitv is not being carried out in accordance with the requirements of this ordinance, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: (1) The name and address of the owner or Applicant, {-�-}(2) The address when available or a desc�tion of the land upon which the violation is occurrin�, (3) A statement specifvin�the natureof the violation, � Section 546 16 � Hopkins City Code (Zoning) 546.01 --� (4) A description of the remedial measures necessarv to bring.the development activitv into compliance with this ordinance and a time schedule for the completion of such remedial action, (5) At statement of the penaltv or_penalties that shall or may be assessed against the person to whom the notice of violation is directed, and (6) A statement that the determination of violation mav be appealed to the City b�g a written notice of appeal within 15 davs of service notice of violation. b Stop Work Orders. Persons receiving a notice of violation will be required to halt all construction activities. This stop work order will be in effect until the Citv confirms that the land disturbance activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timelv manner may result in civil, criminal, or monetar�penalties in accordance with the enforcement measures authorized in this ordinance. c) Civil and Criminal Penalties. In addition to or as an alternative to anv penalt�provided herein or bv law, an�person who violates the provisions of this ordinance shall be guilty of a misdemeanor and subject to prosecution. Such person shall be �uilty of a separate � offense for each da�g which the violation occurs or continues. d) Restoration of Lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Cit�av take necessarv corrective action, the cost of which mav, after notice and opportunity for hearin ,g be speciallv assessed against the property and collected along with the ordinarv taxes by the countx 546.13 Appeals. Any person aggrieved by the action of any official char�ed with the enforcement of this ordinance, as the result of the disapproval of a properly filed application for approval, issuance of a written notice of violation, or an alleged failure to properly enforce the ordinance in re ard to a specific application, shall have the ri t to appeal the action to the Cit� a) The Applicant shall submit the appeal in writing and include supporting documentation. b) Citv staff shall make a decision on the appeal within 15 business days of receipt of a complete appeal application. a�c) The Applicant may appeal the decision of Citv staff to the Citv Council. This appeal must be filed with the City within 30 days of City staff's decision. "' �8546.14 Other controls. Section 546 17 Hopkins City Code (Zoning) 546.01 • In the event of any conflict between the provisions of this ordinance and the provisions of an erosion control or shore land protection ordinance adopted by the City Council, the more restrictive standard prevails. �' ��546.15 Severabilitv. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applicants of this ordinance which can be given effect without the invalid provision or application. First Reading: March 3, 2015 Second Reading: March 16, 2015 Date of Publication: March 26, 2015 Date Ordinance Takes Effect: March 26, 2015 Eugene J. Maxwell, Mayor .` ATTEST: Amy Domeier, City Clerk � APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date (Section 546 was added by Ordinance No. 96-779, April 17, 1996.) � Section 546 18 � February 17, 2015 Planning Report ZNlS-3 ZONING ORDINANCE AMENDMENT—INDUSTRIAL DISTRICTS Proqosed Action Staff recommends the following motion: Move to adopt Resolution RZ15-6, recommending �proval of Ordinance 15-1087, amending the zoning ordinance eliminating trade schools and restaurants from the I-1 zoning district. Overview In reviewing the Industrial districts permitted uses, staff is recommending removing trade school and restaurant uses from the I-1 districts. To staf�s knowledge there are no trade schools or restaurants in the I-1 zoning district. Hopkins is such a compact city that keeping the restaurants in the business districts is a logical step. If a business has a cafeteria in their building, it would be considered an accessory use and be allowed continue. ---� Primarv Issues to Consider • Should trade school and restaurant uses be eliminated in the I-1 zoning district? SupAorting Documents • Analysis of Issues • Resolution RZ15-6 • Ordinance 15-1087 C�ir�uu� Nanc . Anderson, AICP City P anner Financial Impact: $ N/A Budgeted: Y/N N_ Source: Related Documents (CIP, ERP, etc.): Notes: —� ZN 15-3 Page 2 � Primarv Issues to Consider • Should trade school and restaurant uses be eliminated in the I-1 zoning district? Hopkins is four square miles and has very limited industrial land. Because Hopkins is so compact, it is a short drive to the restaurants on Mainstreet. Although trade schools have been allowed for years, to staf�s knowledge there never has been a trade school in the Industrial area. Alternatives 1. Recommend approval of the proposed amendments to the zoning ordinance. By recommending approval of the amendments to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recommend denial of the amendments to the zoning ordinance. By recommending denial of the amendments to the zoning ordinance, the City Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to 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 � RESOLUTION NO: RZ15-6 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS WHEREAS, an application for Zoning Amendment ZN15-3 has been initiated by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on February 24, 2015: all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN15-3 � is hereby recommended for approval based on the following Findings of Fact: 1. That the Zoning and Planning Commission reviewed the proposed ordinance. 2. That it was determined that trade schools and restaurants will be removed as permitted uses in the I-1 zoning district. Adopted this 24th day of February 2015. Scott Kerssen, Chair � �— CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2015-1087 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 540, is the same and is hereby amended by deleting the following s#�1�language, which reads as follows: 540.01 Industrial districts Permitted uses I-1 -r.,,,ao c,.�,,,,,i � �e�� ^� First Reading: March 3, 2015 Second Reading: March 16, 2015 Date of Publication: March 26, 2015 Date Ordinance Takes Effect: March 26, 2015 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: ^ City Attorney Signature Date