The URL can be used to link to this page

04-28-2015 ' APRIL MAY MEMBERS S M T W T F S S M T W T F S NE I L V HUNKE 1 2 3 4 1 2 FI HER � IT �' 5 6 7 8 9 10 11 3 4 5 6 7 8 9 - RTH ��LLACE-JACKSON 12 13 14 15 16 17 18 10 11 12 13 14 15 16 � ERSSEN �DERSON 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 AGENDA ZONING & PLANNING COMMISSION Tuesday, April 28, 2015 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- ITEM: Approve and sign minutes of the March 31, 2015, regular meeting. ^ l , COMMISSION ACTION: ct� t � n -��v o� / / / / CASE NO. ZN15-6 ZONING AMENDMENTS — INDUSTRIAL DISTRICT - RETAIL Public Public hearing to consider amending the amount of retail in the Industrial Hearing district COMMISSION ACTION: �1 I ( � r� -��.� � �� / / / / CASE NO. ZN15-5 ZONING AMENDMENTS PERFORMANCE STANDARDS/SITE PLAN APPROVAL Public Public hearing to consider amending the performance standards and site plan Hearing approval � COMMISSION ACTION: ��I� ,n r7�.v o� / / / / ADJOURNMENT �� • t ^ ZONING AND PLANNING COMMISSION MINUTES March 31, 2015 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, March 31, 2015, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Matt McNeil, Mike Tait, Charles Firth and Andrew Fisher. Scott Kerssen and Emily Wallace-Jackson were absent. Also present was staff inember Nancy Anderson. CALL TO ORDER Mr. Firth called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Mr. McNeil moved and Mr. Fisher seconded the motion to approve the minutes of the February 24, 2015, regular meeting. The motion was approved unanimously. --� ITEM: ZONING AMENDMENTS—MIXED USE Ms. Anderson reviewed the reasons for the amendments to the mixed use ordinance. The public hearing was opened at 6:35 p.m. No one appeared at the public hearing. Mr. McNeil moved and Mr. Hunke seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:36 p.m. Mr. Fisher moved and Mr. McNeil seconded a motion to adopt Resolution RZ15-7, recommending approval of zoning amendments in the mixed use zoning district. The motion was approved unanimously. ITEM: MORATORIUM ON MEDICAL CANNABIS Ms. Anderson stated that the City Council will be placing a moratorium on medical cannabis at the April 7�h City Council meeting. The Commission discussed various items regarding medical cannabis. ADJOURN Mr. Tait moved and Hunke seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 6:45 p.m. �--� MEMBERS MINUTES OF THE ZONING AND PLANNING MEETING, March 31, 2015 Page 2 � ATTEST: Charles Firth, Vice Chair � � �--. Apri120, 2015 Planning Report ZN 15-6 ZONING ORDINANCE AMENDMENT—RETAIL IN INDUSTRIAL DISTRICTS Proposed Action Staff recommends the following motion: Move to adopt Resolution RZ15-9, recommending �proval of Ordinance 15-1094, amendin� the zonin� ordinance re arding the amount of retail in industrial districts. Overview The zoning ordinance allows up to 10 percent of an industrial building to be a retail use as a permitted use and up to 25 percent with a conditional use permit. A building with a single use with a square footage of 400,000 could have 40,000 square feet of retail as a permitted use. If an industrial building is a multi-tenant building, each tenant can have 10 percent of their use as retail. What the proposed amendment will do is allow a tenant to have a larger retail use but ^ still limit the overall retail use for the entire building. Primarv Issue to Consider • What are the proposed amendments? SupAortinS Documents • Analysis of Issues • Resolution RZ 15-9 • Ordinance 15-1094 Nancy . Anderson, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N N_ Source: Related Documents (CIP, ERP, etc.): Notes: � � ZN l 5-6 Page 2 � Primary Issue to Consider • What are the proposed amendments? e) retail or service uses with the following provisions: 1) retail or services uses not exceeding 10 percent of the gross floor area of the principal structure. If in a multi-tenant building, the retail or service use shall not exceed 5 nercent of the entire building or 10 percent for each individual tenant's use. An example: 400,000-square-foot, multi-tenant building Current ordinance Eight tenants with 50,000 square feet each with 10 percent retail = 40,000 square feet of retail for the building Proposed ordinance Eight tenants with 50,000 square feet each=total retail for entire building 20,000 square feet ^ The proposed ordinance would allow flexibility for the property owner of having more than 10 percent of their square footage of retail for one or more tenants in a multi-tenant building. 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: RZ15-9 RESOLUTION MAKING F1NDINGS OF FACT AND RECOMMENDING APPROVAL OF A ZONING AMENDMENT TO THE INDUSTRIAL DISTRICTS WHEREAS, an application for Zoning Amendment ZN 15-6 has been made by Hopkins Mainstreet II, LLC; WHEREAS, the procedural history of the application is as follows: 1. That an application for a zoning ordinance amendment was made by Hopkins Mainstreet II, LLC, on March 27, 2015; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on April 28, 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 ZN15-6 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 an amendment for the amount of retail in the industrial zoning district was appropriate. 3. That the proposed amendment will not increase the amount of retail in the industrial district. Adopted this 28th day of Apri12015. ATTEST: Scott Kerssen, Chair �... � CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2015-1094 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 540.05 is the same and is hereby amended by adding the following underlined language, which reads as follows: e) retail or service uses with the following provisions: 1) retail or services uses not exceeding 10 percent of the gross floor area of the principal structure. If in a multi-tenant building, the retail or service use shall not exceed 5 percent for the entire buildin�or 10 percent for each individual tenant's use. ^ First Reading: May 5, 2015 Second Reading: May 18, 2015 Date of Publication: May 28, 2015 Date Ordinance Takes Effect: May 28, 2015 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: � City Attorney Signature Date � April 20, 2015 Planning Report ZN 15-5 ZONING ORDINANCE AMENDMENT—PERFORMANCE STANDARDS/SITE PLAN APPROVAL Proposed Action Staff recommends the following motion: Move to adopt Resolution 15-8, recommending approval of Ordinance 15-1095, amendin� the zoning ordinance re�ardin�Lperformance standards and site plan approval. Overview Performance standards regulate such items as noise, orders, vibrations, etc. A recent case of reviewing the performance standards, staff realized that the standards have not been updated for a least 40 plus years. Since staff uses the Minnesota Pollution Control Agency (MPCA) for guidance and expertise on most of the regulations, it seems that the City should also use their ^ regulations for the performance standard requirements. This ordinance is similar to what Minnetonka uses for their performance standards. The ordinance will also amend the site plan approval ordinance to ensure that a development has sidewalk and trail connections. Primarv Issue to Consider • What are the proposed amendments? Supportin�Documents • Analysis of Issues • Resolution RZ15-8 • Ordinance 15-1095 Q�IQ.t�I Nancy Anderson, AICP � City Planner Financial Impact: $ N/A Budgeted: Y/N N_ Source: ^ Related Documents (CIP, ERP, etc.): Notes: ZN 15-5 Page 2 ^ Primary Issue to Consider • What are the proposed amendments? 515 07 Subd 62. Decibel: decibel means a unit of sound pressure level dB. 515 07 Subd 108 Hours - davtime: Davtime hours are those from 6:00 A.M. to 9:00 P.M. 515 07 Subd 109 Hours - ni�httime: Ni�httime hours are those from 9:00 P.M. to 6:00 A.M. 515 07 Subd 153 Noise level L10: L10 means the noise level, expressed in DB (A), which is exceeded 10% of the time for a one hour survey. The survev hour must be the noisiest hour durin�representative daytime or ni ttime. 515 07 Subd 154 Noise level L50: L50 means the noise level expressed in decibels dB(A) which is exceeded 50% of the time for a one hour survey. The survev hour must be the noisiest hour during a representative daytime or ni ttime. � 526.02. Subd. 1. q) all access to public sidewalks, street and alleys available to occupants and users, includin� a showin�that adequate facilities for pedestrian traffic and access are or will be provided. &�ucc ic�i--n-rccnr.s-n--m-'ni v�v,,••,��circ-i��g. 1,1 T 1!1 �L, 1 1 0 0 0,l :.. TlQ /A 1 ...1.:..L, ; o..�o.l 1!10% .,�+1.0 � �t.:..��.... ...�..�.. �� ......... ... .............. �.,,.. .,_ ._._, �l�c vr-crvn_ �' `-- .�• TL.o . - o.,1.., �♦ l�o fl�o o�♦ 1,., ,- .7,,,.:..v _�'_ _� uaiac� .� o o ev.4n4..,o an.r4.rv.e� r:h44,w.o Cl T cn ..�"...� +1'� ...,..,� lo.,et ` .„-0��0.7 .,, .a�.;1,01� .au!n\ ..,1,_=t- =� ----oo.ao.7 .,.. �,. .�.�. .t,.�-....��. _ ..__...__., ..��--i � 9�ti-t(.,--�iic vi--ccvii..---il, o 'T'l,o �....o .L.,,,,,.,v.N�� l.o �1,0 ,,.,..,_:.�t j'. ..... ..j .....,.. . .,.. ...., . �16�F r7,,,.: o 0 0.��;.,o .a�:,t;Y,-,o.. ..b,�4;..�0 .al Tl 1�.,,,,-� .,,-�ttiG��r��p1�6 n:�T�z�ii+;,Y,o 1�.�„r��-� �L, �-.,.Y, (1.11ll D A�( �„ �. A A R 1 i ,1� o • o o:+t,o �lo ,zd�ro��u-� 0„1� l...:�1, o:+l,o,. ., .-:�o �_. _ ______ -___-__. ___. . v 1VI {.i 11Jt � „1+:..10 _ ^...1 ,..-o-----o.. �L� ,�. �.� .,�le �+1...')nn,.,;11;,o ^'a " ,��: . -r-- � —r-- - r� �r� -� .-� �� C'„l..a 2 AT.,;�o ��.,.a�,-.7� ZN 15-5 ' Page 3 � �e ��e � � � �A � � H9 �5 �9 3� ��i�ess H3 �9 � �A �� -5 SA �3 �A 555.01. Noise. Noises emanating from any use shall be in compliance with and re�ulated by the standards of the Minnesota Pollution Control Agency. Any use established or remodeled after the effective date of this ordinance shall be so operated as to prevent vibration discernable at anv point bevond the lot line of the site on which such use is located The City mav also limit the hours of operation of outdoor noise if it is deemed necessarv to reduce impact on the surrounding neighborhood. 555.03. Smoke and particulate matter. V�� " �� *�a �� *� � �*--�� *�-� � --r rm.,Lo .,,-f;..,,l.,�o ,,,.,�+o.. +,. *t,o .7oR.-oo +L,�� ;* , .,+ ,ao�..:,.�o..+..1 �,. ,.L...11 «,7,....,.,._ at� Y �v uav ��o.,l�L,� �.,�+..� E6ii�Eli�-6�21}P�'t'i�-��f8--^v�+�p'civii�i vrparpva2�-9��iiig-�}e �~ +'�� D;~R�,~~�„� �''��-� No use shall produce or emit smoke, dust or particulate matter exceedin�applicable re�ulation established b�the Minnesota Pollution Control AgencY 555.04. Radiation. No oneration shall be conducted which exceeds the standards established � by applicable reQulation of the Minnesota Department of Health. 555.05. Toxic or noxious matter. � �„�r�••�a '�••+'�� *��. No use or oneration shall emit a concentration of toxic or noxious matter across the propertv line which exceeds applicable re�,ulations of the Minnesota Pollution Control Agenc� 555.06. Electromagnetic interference. No use shall uroduce electromagnetic interference with normal radio or television reception in anv residential district, or exceed a�plicable standards established by an�pplicable federal or state re�,ulations. 555.07. Odors. .o o�*��.u��.oa o„i.,..,,oa - -�-- „aoioa ��,.,ii �.o � e...,+oa „� .,, ,. o . Anar� � � -� - 'o=-� +''� '"+ ':"� "�+''� ":+� � ,.'�;�'� � ,�'� , � � '��+�a No use shall produce unreasonable or disturbin� odors beyond the property line exceeding applicable regulation established bv the Minnesota Pollution Control AgencY 555.09. Vibration. �;�' o o^*:.,,.ro ,.a;,, o,,,.E�, ��,.,i�:.,,..,;�..,,+;,,,,�� ,,,i, „ .�,o „ o„+oa a ��, �i � i.. �„ •i....,.;,,., .oa a • +�.o Si��6i�i� 2-�S2-�S-�6Et'1��-S��rrcairz=cvc-uppr�cv=rivracro�rrci-a.�cvu-�siizir"�-nn. . Ground vibration and noise caused by motor vehicles, trains, or � ZN 15-5 Page 4 --1 tem�orarv construction or demolition shall be exempt from these regulations. However, if deemed appropriate the Citv may establish limits on the hours of operation of temporarv construction or demolition o�eration to limit off-site impacts. 555.11. Glare or heat. " o""*'" " "''" " "+o o''o"+ "" '';"o"+ ':"''+ n b r ., r r .,D � �. �. a � � �,i � .�, i„+ �;.,o ,.� +�,o �;�o n,., ..,�,;,.i. ��,o , o � �,.,..,.o,� No use shall b ' produce anv unreasonable disturbing or unnecessarv emission of heat or humiditv bevond the propertv line which cause material distress discomfort or in�urv to persons of ordinarv sensitivitv. 555.13. Fire and Explosives Hazards. �� +'�� e�ag��i��, o= nnn � �� .�m �� n a:��F ?:��. All uses shall be subject to the fire prevention code of the Citv 555.18. �x'��+� ��+�ri�' Liquid or Solid Waste. �x' * * -��' -'� „'+;„rt �""" ^ ��`��" � , , � r��. All uses shall be subject to applicable regulations of the City and the Metropolitan Waste Control Commission �overning dischar�e into a public storm �` or sanitary sewer, waterway or stream. Other uses listed in Section 515 and 555 are to be renumbered accordingly. Alternatives l. 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: RZ15-8 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS TO THE PERFORMANCE STANDARDS AND SITE PLAN APPROVAL WHEREAS, an application for Zoning Amendment ZN15-5 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 April 28, 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 ZN15-5 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 the performance standards needed updating. 3. It was determined to use as reference the Minnesota Pollution Control Agency for most of the performance standards 4. The site plan approval ordinance will be amended to provide connections to sidewalks and trails. Adopted this 28th day of Apri12015. ATTEST: Scott Kerssen, Chair � -- CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2015-1095 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 515, 526 and 555, is the same and is hereby amended by adding the following underlined language and deleting the following s�r•il� language, which reads as follows: 515 07 Subd 62 Decibel• decibel means a unit of sound pressure level dB. 515 07 Subd 108 Hours - daytime• Daytime hours are those from 6:00 A.M. to 9:00 P.M. 515 07 Subd 109 Hours -ni�httime• Ni��ttime hours are those from 9:00 P.M. to 6:00 A.M. 515 07 Subd 153 Noise level L10• L10 means the noise level, expressed in DB (A), which is exceeded 10%of the time for a one hour survev. The survev hour must be the noisiest �` hour during a representative daytime or ni�httime. 515 07 Subd 154 Noise level L50• L50 means the noise level expressed in decibels dB(A) which is exceeded 50% of the time for a one hour survey. The survev hour must be the noisiest hour during a representative davtime or ni�httime. 526.02. Subd. 1. q) all access to public sidewalks, street and alleys available to occupants and users, including a showing that adequate facilities for pedestrian traffic and access are or will be provided. . . � ' •.�,• .,, � �,,,.,,:.,,.,..,.,..;,�..,,Y„ ��,,,,a.,,.a� --- a . C„t,.a 7 ilo�.�;+;,,,�� 1.7 L. 1 c-v�vicn'aa-p"r��....��:'�l .a�. n7 0 > > izzrrC-�6�-6$C-ti6l�S�� TL.o o .L.,, �+l,0 4La,�. o��L.�,,,,-.a„ ua uu��b� r.4n4i.,e anc�4imo� :�' o � � iv. 0 C �+t, +' � L, TL. 1, +b, +l.e„ o�+L,.�,,,- �� vr-c�'-'.'.'-`. ,, � ,a ' ♦.,�:..o .7 ,t;.,�o�, 1,++;..,o azm-rr�-a--rvpic�circuc��-�uTmrr ... ,.:b............ dl Tl�.,�;..,o t,�,�S��9��Ai�i-�'-�v-:-�i--rTa��i--z'6 n'�n.�i��iai��6�-&F8 fl,,,�o�-,,,,., n.nn n �,r .,, �. n �a 11V111 I.VV 1 .1�I�p .�.j�r" aa Tmniil �tve '�t, „�o ..a o ..i, i. :��. :��.� � i r C,.v►t'av��. *-Tivr�S��$. � � � �� 8 �8 �g �8 D e.,.��nzui � tl7 �tl 77 �Si�3eSS �$ � � � � � � � � 555.01. Noise. Noises emanatin� from anv use shall be in compliance with and regulated bv the standards of the Minnesota Pollution Control Agenc� Any use established or remodeled after the effective date of this ordinance shall be so operated as to prevent vibration discernable at anv noint bevond the lot line of the site on which such use is located The Citv mav also limit the hours of oneration of outdoor noise if it is deemed necessarv to reduce impact on the surrounding nei borhood. 555.03. Smoke and particulate matter. i 1�� µ" �� --�*�a �� *� � * � *�, � � �Y� � > > . ��`e�l---�k�e�i�ss�e�-e€�e� �� e�ie-o�a��g�ea� *e�-�-nt�r�e��e�e . No use shall produce or emit smoke dust or particulate matter exceeding applicable re�ulation established bv the Minnesota Pollution Control Agenc� 555.04. Radiation. No operation shall be conducted which exceeds the standards established by a�plicable regulation of the Minnesota Debartment of Health 555.05. Toxic or noxious matter. �e�e��►3�. No use or operation shall emit a concentration of toxic or noxious matter across the pronertv line which exceeds applicable re�,ulations of the Minnesota Pollution Control A enc . 555.06. Electromagnetic interference. No use shall produce electromagnetic interference with normal radio or television reception in any residential district or exceed applicable standards established b an a licable federal or state re lations. 555.07. Odors. , , }'' � �+ ''' '� '� ' ' • a No use shall produce unreasonable or rrr e—e crr�rco vir,.rrrc�a-�cran—s�v�--�wcrcva. ��r —�— disturbing odors bevond the property line exceeding applicable regulation established bv the Minnesota Pollution Control A e�ncy. 555.09. Vibration. ^ +• a;,, o.,,.►i, ��,,,i,;,,,� .,;t„-��.,� ,,.�, ., ,, �.o ,. o.,�oa b Y o . Ground vibration and noise caused bv motor vehicles, trains, or temporarv construction or demolition shall be exempt from these reQulations. However, if deemed appro_priate the City mav establish limits on the hours of operation of temporarv construction or demolition operation to limit off-site impacts. 555.11. Glare or heat. ^ "� �*'^ �' "''' `� �'+� � ''�"+ " ''; �"+ ';"''+ `i b �r r~ „a •� �. �, a � + �.� „+ +,,o �,,. ,;,,e „��,o �;+o�n ,,,�,;,.�, .�,o , o � �,.,..,�oa No use shall produce b ' any unreasonable disturbing or unnecessarv emission of heat or humiditv bevond the propertv line which cause material distress discomfort or injurv to persons of ordinarv sensitivitv. 555.13. Fire and Explosives Hazards. �r�.�--r��o�, "`''""+'"^, �_ �nn �o+ �.,,,..., +�,o� a;�+ri„� ,:.,� All uses shall be su�ect to the fire prevention code of the Citv. 555.18. «�.,��o ,...,,�o,.:,,i �x� + * • t i�;.,,. �.,,,,, Lic�uid or Solid Waste. ��«��-o��a�� u =__ ,r. > > > � n��r��.... All uses shall be subject to applicable regulations of the City and the Metropolitan Waste Control Commission governingLdischarge into a nublic storm or sanitary sewer,waterway or stream. Other uses listed in Section 515 are to be renumbered accordingly. First Reading: May 5, 2015 Second Reading: May 19, 2015 Date of Publication: May 28, 2015 Date Ordinance Takes Effect: May 28, 2015 Eugene J. Maxwell, Mayor ATTEST: � Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: � City Attorney Signature Date � �