Auto Related Uses Moratorium Update; LindahlMEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, AICP
Date: February 12, 2019
Subject: Auto Related Uses Moratorium Update
Proposed Action: Staff will update the City Council on the public engagement process for
updating the automobile repair and automobile sales zoning standards and seek feedback on a
timeline to move this item forward for review by the Planning & Zoning Commission and City
Council.
Overview
Last year the City Council considered revisions to the zoning standards for auto related uses (auto
sales, auto repair, outdoor storage and junk vehicles). Last May the City Council established a
moratorium on these uses to allow more time for study and feedback from the public. To this end,
the City staff has revised its original proposal and has been seeking feedback from businesses and
stakeholders before moving forward with any formal changes. During the work session, staff will
review the proposed changes and update the City Council on the pubic engagement process.
Attachments
1. Revised Recommended Zoning Changes for Automobile Repair or Automobile Sales Uses
2. Zoning Map
Background
During the moratorium period, staff has been working to revise the auto related uses standards
based on feedback from both the public and City Council. Last December, the City Council
reviewed and was generally supportive of the revised zoning standards and proposal to rezone
certain properties in the Downtown Overlay district. The Council than directed staff to make this
information available on the City’s website and hold an open house to provide an opportunity for
the public to learn about the proposal and ask questions of staff. Notice of the open house was
mailed directly to all effected property owners on January 11, 2019. Staff received no phone calls or
e-mails providing feedback before the open house.
Staff held the open house at the Fire Station from 5:30 to 6:30 PM on January 22, 2019. Thirteen
people attended the open house including Planning & Zoning Commissioners James Warden and
Sam Stiele and representatives of Bell Mobile, Hopkins Auto Services, Smith Auto Care, Luther
Hopkins Honda, Walser Chrylser and the real estate industry.
During the open house staff reviewed the revised standards and allowed time for questions. There
was general appreciation that the revised standards were clearer and more consistent and no longer
included provisions that would prohibit automobile sales or repair uses along Mainstreet or require
overhead bay doors to be closed. There were no comments about the proposal to rezone some
properties in the Downtown Overlay district. Serval attendees indicated they would do further
review of the revised standards and provide written comments. However, staff has yet to receive
additional written comments.
Since the open house staff did receive a phone call from the attorney representing Hometown Auto
(1409 Mainstreet). They had questions about the rezoning, building to parking area ratio and
screening standards. After discussing these standards, the attorney thanked the City for taking the
time to review these standards and allow time for comment. The attorney also stated she would
advise the property owner that the revised standards appear to offer more flexibility but reserved the
right to provide more detailed written comments in the future. To date, no additional written
feedback has been provided.
Conclusion and Next Steps
Staff will update the City Council on the public engagement process for updating the automobile
repair and automobile sales zoning standards and seek feedback on a timeline to move this item
forward. Subject to feedback from the City Council, staff anticipates the next steps would be to
bring this item back for a public hearing before the Planning & Zoning Commission in February and
to the City Council for formal action in April.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2019-XXXX
AN ORDINANCE AMENDING SECTIONS 515, 535, 540 AND 550 OF THE CITY
CODE RELATED TO AUTOMOBILE REPAIR, AUTOMOBILE SALES
OUTDOOR STORAGE AND JUNK VEHICLES
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 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. Outdoor storage does not include, and shall not be
located in any parking, loading, maneuvering or pedestrian area.
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 or Leasing including sales lot and major auto repair provided:
1. Building to Parking/Display Area Ratio. The sales lot parking or display area shall not be
larger in square footage than the square footage of the building devoted to the related
business.
2. Setback. 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. Exterior Lighting. Lighting of the sales lot shall be totally from indirect lighting; Exterior
Lighting shall be consistent in character, design and bulb type throughout the entire site.
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. Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumens
at any nonresidential property line.
d. The maximum height for exterior lighting shall be thirty (30) feet. The maximum
height for exterior lighting within one hundred (100) feet of a residential use or district
shall be twenty (20) feet.
e. All nonessential lighting shall be turned off after business hours, leaving only the
lighting necessary for site security.
4. Screening. Should the lot abut an R district an acceptable design of screening fence five
six feet in height shall be constructed along the abutting lot line(s);
5. Vehicle Size. The auto sales lot shall not include vehicles over a 9,000 lb. rated weight;
6. Junk Vehicles. No vehicles which are unlicensed and/or inoperative shall be stored on the
premises; (Added Ord. 96-787).
7. Outdoor Activity. 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. Outdoor Storage. Outdoor storage of parts, materials, or equipment is prohibited No
outside storage or display except licensed vehicles for sale or rent lease.
9. Public Address Systems. No public address system.
10. Test Driving. No test driving of vehicles on local residential streets as designated in the
comprehensive plan.
11. Sales Activity. Used car lots sales shall be permitted only when an integral part of a new
car dealership.
12. Vehicle Parking or Display. Automobile Sales and Leasing uses shall designate on a site
plan areas for required off-street parking including customer parking and areas for
inventory vehicle display. Such required off-street parking areas shall be designed and
maintained in compliance with Section 550, Off-Street Parking and other applicable
sections of this code. No site shall contain more vehicles than can be placed in accordance
with these standards. No vehicle shall be positioned in any way to interfere with access to
any repair bay or any parking, loading, maneuvering or pedestrian area.
13. Accessory Fuel Station. An Accessory Fuel Station may be allowed provided it is not
visible from a public right-of-way and it is secured so as to insure its exclusive use by the
Automobile Sales or Leasing business for the fueling its inventory. Retail sale of gasoline
to the general public is prohibited.
14. Subordinate Automobile Repair. Automobile Sales or Leasing uses may apply for a
separate conditional use permit for subordinate automobile repair subject to the specific
standards for that use and provided:
a. The subject property does not abut a residential use or district.
b. The automobile repair use shall be subordinate to the principal automobile sales or
leasing use and occupy less than fifty (50) percent of the gross floor area of the building
in which it is located.
B) Automobile Repair – Minor
1. Building to Parking Area Ratio. The parking area shall not be larger in square footage than
the square footage of the building devoted to the related business.
2. Setback. Conformance with the standard setbacks for the zoning district in which the
property is located.
3. Exterior Lighting. Lighting of the sales lot shall be from indirect lighting; exterior lighting
shall be consistent in character, design and bulb type throughout the entire site.
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. Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumens
at any nonresidential property line.
d. The maximum height for exterior lighting shall be thirty (30) feet. The maximum
height for exterior lighting within one hundred (100) feet of a residential use or district
shall be twenty (20) feet.
e. All nonessential lighting shall be turned off after business hours, leaving only the
lighting necessary for site security.
4. Screening. Should the lot abut an R district, an acceptable design of screening fence five
six (6) feet in height shall be constructed along the abutting lot line(s);
5. Junk Vehicles. Junk vehicles shall comply with Section 550.01, Subdivision 11, Junk
Vehicles.
6. Outdoor Activity. 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.
7. Outdoor Storage. Outdoor storage of parts, materials, or equipment is prohibited except
licensed vehicles awaiting repair or repaired vehicles awaiting pick up.
8. Public Address Systems. No public address system.
9. Test Driving. No test driving of vehicles on local residential streets as designated in the
comprehensive plan.
10. Vehicle Parking or Display. Automobile repair uses shall designate on a site plan areas for
required off-street parking including customer parking, storage of inoperable vehicles
awaiting repair and repaired vehicles awaiting pick up. Such required off-street parking
areas shall be designed and maintained in compliance with Section 550, Off-Street Parking
and other applicable sections of this code. No site shall contain more vehicles than can be
placed in accordance with these standards. No vehicle shall be positioned in any way to
interfere with access to any repair bay or any parking, loading, maneuvering or pedestrian
area.
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 X X
SECTION 5. 540.03. Conditional Uses: I Districts, is hereby amended as follows:
A) Automobile Repair – Major subject to:
1. Building to Parking/Display Area Ratio. The parking or display area shall not be larger in
square footage than the square footage of the building devoted to the related business.
2. Setback. Conformance with the standard setbacks for the zoning district in which the
property is located.
3. Exterior Lighting. Lighting of the sales lot shall be totally from indirect lighting; Exterior
Lighting shall be consistent in character, design and bulb type throughout the entire site.
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. Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumens
at any nonresidential property line.
d. The maximum height for exterior lighting shall be thirty (30) feet. The maximum
height for exterior lighting within one hundred (100) feet of a residential use or district
shall be twenty (20) feet.
e. All nonessential lighting shall be turned off after business hours, leaving only the
lighting necessary for site security.
4. Screening. Should the site abut an R district an acceptable design of screening six feet in
height shall be constructed along the abutting lot line(s);
5. Junk Vehicles. Junk vehicles awaiting repair or pick up shall comply with Section 550.01,
Subdivision 11, Junk Vehicles.
6. Outdoor Activity. All repair, assembly, disassembly or maintenance of vehicles shall occur
within an enclosed building, except minor maintenance including tire inflation, adding oil,
and wiper or battery replacement, glass repair or replacement, paintless dent repair and the
like.
7. Outdoor Storage. Outdoor storage of parts, materials, or equipment is prohibited No
outside storage or display except licensed vehicles awaiting repair or repaired vehicles
awaiting pick up.
8. Public Address Systems. No public address system.
9. Test Driving. No test driving of vehicles on local residential streets as designated in the
comprehensive plan.
10. Vehicle Parking or Display. Automobile repair uses shall designate on a site plan areas for
required off-street parking including customer parking, storage of inoperable vehicles
awaiting repair and repaired vehicles awaiting pick up. Such required off-street parking
areas shall be designed and maintained in compliance with Section 550, Off-Street Parking
and other applicable sections of this code. No site shall contain more vehicles than can be
placed in accordance with these standards. No vehicle shall be positioned in any way to
interfere with access to any repair bay or any parking, loading, maneuvering or pedestrian
area.
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: XXX, 2019
Second Reading: XXX, 2019
Date of Publication: XXX, 2019
Date Ordinance Takes Effect: XXX, 2019
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
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