VII.1. First Reading: Auto Related Uses Zoning Code Text Amendment; Lindahl
March 5, 2019 City Council Report 2019-026
Auto Related Uses Zoning Code Text Amendment
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 2019-017 approving the
first reading of Ordinance 2019-1138 amending the City Code related to auto related uses.
Overview
This application was initiated by staff in response to code enforcement complaints and a study
of auto related uses in Hopkins. In 2018, the City considered revisions to the zoning standards
for auto related uses (auto sales, auto repair, outdoor storage and junk vehicles). The Planning &
Zoning Commission reviewed staff’s recommended zoning changes during their February and
March meetings where they recommended approval by the City Council.
Staff reviewed this item with the City Council during the February and March 2018 work
sessions and brought the Planning & Zoning Commission’s recommended changes to the City
Council in April. During that meeting, the City Council tabled the item. In May, the City
Council decided to approve a one year moratorium on auto related uses to allow more time for
study and public engagement. During the Moratorium, staff met with the City Council to review
and revise its original proposal while also seeking feedback from businesses and stakeholders.
This report summarizes this process and the revised zoning changes. Both the Planning &
Zoning Commission and staff recommend approval of the attached ordinance amending the
City Code related to auto related uses.
Primary Issues to Consider
• Background
• Zoning Code Text Amendment
• Potential Non-Conformity Issues
• Alternatives
Supporting Documents
• Resolution 2019-017
• Draft Ordinance 2019-1138
• Auto Related Uses Study Maps
• Comments from Hometown Auto
• Comments from Walser Automotive Group
• Comments from Luther Automotive Group
_____________________
Jason Lindahl, City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2019-026
Page 2
Background
Planning & Zoning Commission Action. The Planning & Zoning Commission held a public
hearing to review this item (Planning Application 2018-03-TA) during their meeting on February
26, 2019. During the meeting, the Commission heard a summary presentation from staff and
presentations from representatives of both Luther Companies and Walser Automotive Group.
Representatives from Luther Companies summarized their comment letter (see attached)
emphasizing appreciation of the changes already made by staff while also restating their
concerns with the other items that go beyond the current scope of this text amendment
including: definitions for automobile repair, categories of permitted and conditional uses, and
building to parking/display area ratio. The representative of Walser Automotive Group also
addressed the Commission and shared their same concerns. The Commission thanked them for
their comments but stated they did not support expanding the scope of the text amendment.
Chairperson Warden also directed staff to include a new definition for the term “Ancillary”
which staff has added to the proposed ordinance. The Commission then voted 6-0 to
recommend the City Council approve this application.
Auto Related Uses Study. In early 2018, staff began a process to review the City’s zoning
regulation for auto related uses (auto sales, auto repair, outdoor storage and junk vehicles). That
process included a review of the comprehensive plan, zoning regulations, inspections of various
sites throughout the community and a mapping analysis of all auto repair and auto sales uses.
The findings from this study are summarized below.
• Hopkins has at least 37 automobile repair and sales uses. This number does not include
brokers that operate an office with no inventory or have an inventory they keep inside.
• Auto related uses are clustered in three main areas: west of 11th Avenue South, along
Excelsior Boulevard north of the Blake School and along the west end of Mainstreet (see
attached maps). It should also be noted that these uses along Excelsior Boulevard are
located in the B-4, Neighborhood Business District which does not allow automobile repair
or sales uses.
• Some auto related uses have generated significant code enforcement issues that may have a
negative impact on their surroundings and the overall image of the community.
• Hopkins existing zoning regulations are insufficient to address the existing operation of auto
related uses and are inconsistent with the goals and policies in both the Comprehensive Plan
and the City Council’s Goals & Strategic Plan.
As a result of these findings, staff recommends the zoning changes detailed in this report. The
proposed zoning changes will eliminate inconsistencies in the existing zoning regulations,
implement the Comprehensive Plan and the City Council’s Goals & Strategic Plan, and help
mitigate the impact of auto related uses on adjacent properties and surrounding neighborhoods.
Moratorium. During the moratorium period, staff worked 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. Overall, the City Council felt
City Council Report 2019-026
Page 3
Hopkins had its fair share of auto related uses but the local economy should include a diverse
mix of uses that includes auto repair and auto sales services. The standards for auto related use
should be modernized to more closely align with the City’s long range planning documents while
still recognizing the role existing businesses fill in Hopkins. These standards should be clear,
consistent and enforced. The Council directed staff to further revise the proposed zoning
changes based on this feedback and engage interested businesses and stakeholders by making
this information available on the City’s website and holding an open house to provide an
opportunity for the public to learn about the proposal and ask questions of staff.
Staff brought this item back to the City Council during their February 12 work session. During
this meeting, staff updated the Council on the public engagement process and the revised zoning
standards. Notice of the open house and that the revised standards were available for review on
the City’s website, at the Fire Station and mailed directly to all effected property owners on
January 11, 2019. Staff received no comments prior to 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 Chrysler 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, more consistent and no
longer included provisions that would prohibit automobile sales or repair uses along Mainstreet
or require overhead repair bay doors to be closed. There were no comments about the proposal
to rezone some properties in the Downtown Overlay district.
Comments Since the Open House & City Council Work Session. Staff has received the
following comments since the open house and City Council work session. Written comments
are attached for your reference.
• Hometown Auto (1409 Mainstreet). Letter from the owner’s attorney expressing
appreciation for the revisions to the original proposal. It encouraged the City to allow
flexibility in implementing the new standards especially with regard to the building to
parking/display area ratio and screening standards.
• Jeff’s Auto Services (1505 Mainstreet). Call from owner Jeff Kinny with general questions
about the proposed zoning changes. After discussing the proposed changes with Mr. Kinny,
he seemed generally supportive.
• Walser Automotive Group (314 Mainstreet). E-mail from PR and Communications
Director Doug Sprinthall (attached) expressing concern with the subordinate automobile
repair standard requiring it to occupy less than fifty (50) percent of the gross floor area of
the building. Staff has re-titled this section ancillary automobile repair and removed the
building square footage standard.
• Luther Companies. Letter from Kate Uding, General Counsel for Luther Automotive
Group and a revised draft ordinance with their suggested revisions (attached). Their letter
City Council Report 2019-026
Page 4
states general support for updating the auto related uses zoning standards while expressing
concern with some of the current regulations. These comments can be organized into two
groups. The first group includes minor revision to proposed changes like lighting, junk
vehicles, licensed vehicles and subordinate automobile repair. Staff has made revisions to
these items that attempt to balance Luther Companies’ concerns while protecting the
public’s interest. The second group of Luther Companies’ comments are major changes to
existing zoning standards that go beyond the City’s original scope for this application. These
items include definitions for automobile repair, categories of permitted and conditional uses,
and building to parking/display area ratio. The City Council reviewed these major changes
during the February 12 work session. Both the City Council and staff do not recommend
expanding the scope of the proposed auto related uses zoning changes to include these
items.
Zoning Code Text Amendment
Legal Authority. Zoning Code amendments are legislative actions in that the City is creating
new standards to regulate the development of certain types of uses and/or structures. Under the
law, the City has wide flexibility to create standards that will ensure the type of development it
desires; however, zoning regulations must be reasonable and supported by a rational basis
relating to promoting the public health, safety and welfare. Staff finds the proposed zoning
changes reasonable and supported by a rational basis as they seek to address the number and
concentration of auto related businesses, code enforcement issues created by how these
businesses operate, conflicts in zoning regulations and consistency with the City’s future plans as
detailed in the Comprehensive Plan and the City Council’s Goals and Strategic Plan.
Consistency with the Comprehensive Plan. The proposed zoning ordinance text
amendment would update the City’s zoning regulation for auto related uses including automobile
repair, automobile sales and/or leasing, junk vehicles and outdoor storage. Staff finds the
proposed changes consistent with the applicable goals and implementation strategies from the
Comprehensive Plan and the City Council’s 2017 Goals and Strategic Plan. The applicable goals
and strategies are detailed below.
1. Protect and Enhance Downtown Hopkins. According to the comprehensive plan, it is
rare to have a distinctive, pedestrian-scale, commercial area set in the heart of a small
suburban community. Downtown Hopkins and Mainstreet give the City a strong central
focus and sense of place, or identity, that many other communities find very difficult to
recreate. Major improvements have been made downtown in recent years through public-
private cooperative efforts. Staff finds it is important to safeguard and attempt to enhance
this investment by revising the City’s zoning regulations to include land uses and
development standards that protect and support the City’s vision for Downtown and
Mainstreet.
2. Continue to coordinate land use and transportation needs. Coordinated land use and
transportation standards are crucial to the future of Hopkins and its redevelopment efforts.
This goal calls on the City to continually assess the relationships between land use and
transportation in two ways: by assessing the impacts of redevelopment on the existing
transportation systems and, in some cases and locations, assessing the impacts that
new transportation improvements will have on land use. Staff finds the proposed changes
will improve the relationship between land use and transportation in these targeted areas by
City Council Report 2019-026
Page 5
addressing the number and concentration of auto related businesses, code enforcement
issues created by how these businesses operate, conflicts in zoning regulations and
consistency with the City’s future plans as detailed in the Comprehensive Plan and the City
Council’s 2018 Goals and Strategic Plan.
3. Review and Update Zoning and Subdivision Regulations. In addition to the eight
primary goals, the Comprehensive Plan identifies strategies to implement these goals.
Specifically, the Comprehensive Plan identifies the implementation strategy to review and
update the City’s zoning and subdivision regulations. Updating the zoning regulations for
auto related uses including automobile repair, automobile sales and/or leasing, junk vehicles
and outdoor storage will revise the specific standards necessary to implement the City’s
goals.
In addition to the Comprehensive Plan, the City Council also creates an annual strategic plan.
Applicable goals and action steps from that document include “Preserving the Community’s
Home Town Feel” and “Enhancing the Mainstreet Experience.” The proposed zoning changes
support these goals and action steps and will encourage reinvestment and redevelop in these
targeted areas.
Zoning Standards. The proposed zoning ordinance text amendment would revise the
development standards for auto related uses including automobile repair, automobile sales
and/or leasing, junk vehicles and outdoor storage regulations. As detailed above, during the
moratorium staff worked with effected businesses, stakeholders and the City Council to revise
the original proposal reviewed by the Planning & Zoning Commission in 2018. The revised
proposed zoning changes are summarized below and detailed in the attached draft ordinance.
1. Update standards for junk vehicles and definitions for Automobile Reduction Yard and
Open Storage. The current standards for junk vehicles allow them to be stored outside in
any commercial or industrial district for up to 30 days. The 30 day period may be extended
another 150 days (for a total of nearly 6 months) for vehicles awaiting a Sheriff’s sale. This
standard is very difficult to administer and has the potential to change automobile repair
establishments into junk yards or outdoor storage facilities with significant impacts on
surrounding neighborhoods. The new standards for junk vehicles would make it unlawful to
park, store or leave any junk vehicle on any public or private property unless it is stored
inside an enclosed building or located at a lawfully zoned and operated recycling center.
The second part of this change would eliminate the definition for “Automobile or Motor
Reduction Yards” and revise the definition for “Open Storage.” The definition for
“Automobile or Motor Reduction Yards” is no longer needed because this use is not located
within the City. The definition for “Open Storage” should be revised to specify the activities
that can occur under this term, where it can be located and how it may be screened.
2. Update terms for New Automobile Sales and add standards for exterior lighting and parking
and display areas. Past recommendations made more wholescale revisions to the standards
for Automobile Sales including prohibiting these uses along Mainstreet or adjacent to
residential uses and requiring overhead repair bay doors to be closed. Based on feedback
from the City Council and stakeholders, staff has simplified the recommended changes. The
overall framework of the existing standards remains with minor text revisions for clarity and
City Council Report 2019-026
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consistency and new standards for exterior lighting, parking and display areas, accessory fuel
stations and ancillary automobile repair were added. For simplicity and uniformity, staff also
recommends these revised standards for Automobile Sales serve as the basis for the new
conditional use standards for Major and Minor Automobile Repair (see next section below).
It is important to note that the new standards for ancillary automobile repair includes a
provision prohibiting business with both automobile sales and automobile repair from
locating on property that abuts a residential use or district. This scenario does not currently
exist in Hopkins. The intent of adding this standard is to protect existing residential uses
from an intensification of both automobile sales and automobile repair on sites directing
touching residential uses or districts.
3. Fully implement the existing definition for Major and Minor Automobile Repair. In the
past, the City established definitions for Major and Minor Automobile Repair but did not
fully implement these terms into specific zoning districts. Staff’s current recommendation
for changes for these uses remain unchanged from past recommendations. This change
would replace the general Auto Repair and Motor Repair uses with more specific Major and
Minor Automobile Repair uses already defined in the zoning ordinance (see below). These
uses would also change from a permitted to a conditional uses. For clarity and consistency,
the new conditional use standards for Major and Minor Automobile Repair would be based
on the revised standards for Automobile Sales. The most notable change for existing
businesses would be that they would now be subject to the same building to parking area
ratio and screening requirements that are currently required for New Auto Sales uses.
Automobile repair - major: general repair, rebuilding or reconditioning of engines, motor
vehicles, trailers, including body work, frame work, welding and major painting service.
Automobile repair - minor: the replacement of any part or repair of any part which does not
require the removal of the engine head or pan, engine, transmission or differential, incidental
body and fender work, minor painting and upholstering service when said service above stated is
applied to passenger automobiles, motor cycles, snowmobiles, small engines and trucks not
exceeding 9000 pounds rated capacity.
Potential Non-Conformity Issues
As with any change to the City’s regulations, this zoning ordinance text amendment has the
potential to create sites that are non-conforming or do not meet the new proposed standard.
According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a
statutory right to continue through repair, replacement, restoration, maintenance, or
improvement but not through expansion. These rights run with the land and are not limited to a
particular landowner. If the benefited property is sold, the new owner will have the same rights
as the previous owner.
Should the City approve the proposed changes, staff would begin to implement the performance
standards for junk vehicles, outdoor activity, outdoor storage, and vehicle parking and display.
More substantial development standards such as building to parking/display area, exterior
lighting, screening and ancillary automobile repair would be addressed as part of any proposed
changes to these items or general expansion of the business.
City Council Report 2019-026
Page 7
Alternatives
To take action on this item, the City Council has the following options:
1. Approve the first reading of Ordinance 2019-1138. By approving the first reading of this
Ordinance 2019-1139, this application will move forward for a second reading and formal
approval at the March 19, 2019 City Council meeting.
2. Deny the first reading of Ordinance 2019-1138. By denying the first reading, this application
will not move forward for a second reading and formal approval at the March 19, 2019 City
Council meeting. Should the City Council consider this option, it must also identify specific
findings that support this alternative.
3. Continue for further information. The items should be continued if the City Council finds
that further information is needed to evaluate this application.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-017
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2019-1138
AMENDING SECTIONS 515, 535, 540 AND 550 OF THE CITY CODE RELATED TO
AUTOMBILE REPAIR, AUTOMOBILE SALES AND OUTDOOR STORAGE
WHEREAS, the City of Hopkins initiated an application to amend the Zoning Ordinance for
automobile related uses and outdoor storage; and
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend the Zoning Ordinance for auto related uses was initiated by the
City of Hopkins on January 26, 2018; and
2. That the Hopkins City Council reviewed and discussed this item during their February 13,
2018 work session; and
3. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing to review such application on February 27 and March 27, 2018 and all persons
present were given an opportunity to be heard; and
4. That written comments and analysis of City staff were considered.
5. That the Hopkins City Council was updated on this item during their March 20, 2018 City
Council meeting; and
6. That the Hopkins City Council reviewed this item on April 3, 2018 and continued this item to
allow more time for study; and
7. That the Hopkins City Council reviewed this item on April 17, 2018 and voted to approve
Resolution 2018-033 approving the first reading of Interim Ordinance 2018-1131, regarding
the regulation of automobile repair and automobile sales or leasing uses; and
8. That the Hopkins City Council reviewed this item on May 1, 2018 voted to approve
Resolution 2019-040 approving the second reading of Interim Ordinance 2018-1131,
regarding the regulation of automobile repair and automobile sales or leasing uses and
authorizing its publication on May 1, 2018; and
9. That Ordinance 2018-1131 was published on May 10, 2018 and established a one year
moratorium on auto related uses to allow more time for study and to engage the public; and
10. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing to review such application on February 26, 2019 and all persons present were
given an opportunity to be heard; and
11. That written comments and analysis of City staff were considered; and
12. That the Hopkins City Council reviewed this item during their March 5, 2019 meeting and
agreed with the findings of the Planning & Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the First Reading of Ordinance 2019-1138 amending Sections 515, 535, 540 And 550
of the City Code related to Automobile Repair, Automobile Sales and Outdoor Storage based on the
findings detailed in City Council Report 2019-026.
Adopted this 5th day of March 2019.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2019-1138
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.
Accessory or Ancillary Use: A use incidental to and customarily associated with a specific
principal use, located on the same lot or parcel.
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.
Sub. 196. Restaurant – Carry Out and/or Delivery: Food is prepared for consumption off the
premises only. Any establishment that provides, as a principal use, the preparation and sale of
food and/or beverages in a ready-to consume state, primarily for consumption off the premises. A
carryout restaurant shall not include drive-through facilities.
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
18. Bike Sales X X X
74. Motors Repairing X
83. Pet Grooming X
Sub. 196. Restaurant – Carry Out and/or Delivery X
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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. Exterior Lighting shall be consistent in character, design and bulb type
throughout the entire site.
a. Lighting of the sales lot shall be totally from indirect lighting;
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 Junk vehicles which are unlicensed and/or inoperative shall be stored
on the premises; (Added Ord. 96-787). shall comply with Section 550.01, Subdivision 11,
Junk Vehicles.
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.
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8. Outdoor Storage. Outdoor storage of parts, materials, or equipment is prohibited No
outside storage or display except vehicles for sale or rent lease with a valid license or dealer
inventory control number.
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 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. Ancillary Automobile Repair. Automobile Sales or Leasing uses require a separate
conditional use permit for ancillary automobile repair. Ancillary automobile repair
associated with an Automobile Sales or Leasing use may include either minor and/or major
automobile repair. Automobile Sales or Leasing uses that include ancillary automobile
repair shall not be located on property that abuts a residential use or district.
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. Exterior lighting shall be consistent in character, design and bulb type
throughout the entire site.
a. 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.
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b. Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumens
at any nonresidential property line.
c. 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.
d. 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:
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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. Exterior Lighting shall be consistent in character, design and bulb type
throughout the entire site.
a. 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.
b. Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumens
at any nonresidential property line.
c. 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.
d. 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
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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: March 5, 2019
Second Reading: March 19, 2019
Date of Publication: April 7, 2019
Date Ordinance Takes Effect: April 7, 2019
______________________
Molly Cummings, Mayor
7
ATTEST:
_______________________
Amy Domeier, City Clerk
Map Document: \\arcserver1\GIS\HOPK\T16107343\ESRI\Maps\HOPK_ZoningAutoShops_11x17.mxd Date Saved: 2/20/2018 2:24:36 PMZoning Map & Auto Repair/Sales Locations
Hopkins, MN February, 2018
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(R-1-B) Single Family High Density
(R-1-C) Single Family Medium Density
(R-1-D) Single Family Low Density
(R-1-E) Single Family Low Density
(R-2) Low Density Multiple Family
(R-3) Medium Density Multiple Family
(R-4) Medium High Density Multiple Family
(R-5) High Density Multiple Family
(R-6) Medium Density Multiple Family
(B-1) Limited B usiness
(B-2) Central B usiness
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!(#Auto Repair/Sales Locations
Municipal Boundary
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Zoning Districts
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0 1,000FeetSource: City of Hopkins, Hennepin County, & MnGeo
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ID#Site Name
1 Affordabl e Auto Service & AA Automotive Diagnostic Sol utions B-3 Ge ne ral Business
2 Be l l mobi le B-3 Ge ne ral Business3Dale Feste Automotive B-3 Ge ne ral Business
4 Dealer Automotive Se rvi ces B-3 Ge ne ral Business
5 Harmon Auto Glass B-3 Ge ne ral Business6Hopkins Auto Mall B-3 Ge ne ral Business7Hopkins Auto Services B-3 Ge ne ral Business8Inline X Automotive B-3 Ge ne ral Business9Jeff’s Auto Service B-3 Ge ne ral Business10Jiffy Lube B-3 Ge ne ral Business
11 Luther Automotive Performance Studi o B-3 Ge ne ral Business
12 Mainstree t Motor Company B-3 Ge ne ral Business
13 Me i ne ke Car Care Cente r B-3 Ge ne ral Business14Smith Import Auto Care B-3 Ge ne ral Business15Smith Ni elsen Automotive B-3 Ge ne ral Business16Smith Ni elson Automotive B-3 Ge ne ral Business17Tires Plus B-3 Ge ne ral Business18Tommy’s Garage B-3 Ge ne ral Business
19 Wal ser Chrysler Jeep Dodge B-3 Ge ne ral Business
Zoning District ID#Site Name20Home Town Auto B-3 General Busi ness21FirestoneB-3 General Busi ness22Bill’s Auto B-4 Neighborhood Busi ne ss
23 Foreign Affairs Auto Servi ce B-4 Neighborhood Busi ne ss
24 Me tro Motorcars B-4 Neighborhood Busi ne ss25MidasB-4 Neighborhood Busi ne ss
26 AAMCO Transmissions & Total Car Care I-1 Industri al
27 Ace Imports Auto Sal es Inc I-1 Industri al28Dooley’s Garage I-1 Industri al29Hopkins Auto Body I-1 Industri al
30 Hopkins Ti re & Auto Service I-1 Industri al
31 Jim Butler Repair I-1 Industri al32PC Automotive I-1 Industri al33Seward Auto Body I-1 Industri al
34 The Paint Ge nie Auto Body & Pai nt I-1 Industri al
35 Vence s Auto Repair I-1 Industri al
36 ATM Tires & Suggs Auto Repai r I-2 Gene ral Industrial
37 Bil l ’s Servi ce Garage I-2 Gene ral Industrial38Swedish Motors I-2 Gene ral Industrial39Luther Hopkins Honda Business Park
Zoning District
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(R-1-B) Single Family High Density
(R-1-C) Single Family Medium Density
(R-1-D) Single Family Low Density
(R-1-E) Single Family Low Density
(R-2) Low Density Multiple Family
(R-3) Medium Density Multiple Family
(R-4) Medium High Density Multiple Family
(R-5) High Density Multiple Family
(R-6) Medium Density Multiple Family
(B-1) Limited B usiness
(B-2) Central B usiness
(B-3) General Business
(B-4) Neighbhorhood Business
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(I-1) Industrial
(I-2) General Industrial
Landfill
Institutional
!(#Auto Repair/Sales Locations
Municipal Boundary
Roads
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East End Overlay Disrict
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(R-1-C) Single Family Medium Density
(R-1-D) Single Family Low Density
(R-1-E) Single Family Low Density
(R-2) Low Density Multiple Family
(R-3) Medium Density Multiple Family
(R-4) Medium High Density Multiple Family
(R-5) High Density Multiple Family
(R-6) Medium Density Multiple Family
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(B-2) Central B usiness
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(B-4) Neighbhorhood Business
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(I-2) General Industrial
Landfill
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!(#Auto Repair/Sales Locations
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East End Overlay Disrict
West Mainstreet Overlay District
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WINTHROP = WEINSTINE
February 12, 2019 Tammera R. Diehm
Direct Dial: (612) 604-6658
Direct Fax: (612) 604-6958
tdichm(@winthrop. com
VIA E-MAIL
Mr. Jason Lindahl, Planner
City of Hopkins
1010 1! Street South
Hopkins, Minnesota 55343
Re: Auto Related Uses Zoning Text Amendment
Dear Mr. Lindahl:
As you may recall, our firm represents Richard Rotenberg and TRC Glass One, LLC, the owner
of real property located at 1413 Mainstreet (the "TRC Glass One Property"). We are writing to
provide comments to proposed amendments to the Hopkins Zoning Code (the Code") provisions
related to automobile uses, currently being considered by the City of Hopkins (the City").
First, we want to express our appreciation for the City's decision to re-examine the proposed
restrictions on auto-related uses along Mainstreet. While we recognize that the City seeks to
establish a clear vision for what type of uses are desirable in this part of the City, this needs to be
balanced with an understanding that too many restrictions could result in vacant, underutilized
properties in this key area ..
In reviewing the current proposal, we encourage you to build in as much flexibility as you can to
allow uses to change gradually over time. Because a conditional use permit (CUP) allows the City
to review each property on a case-by-case basis, we hope you consider broader language in sections
of the proposed ordinance. This will allow you to preserve the character of the surrounding area
while still offering flexibility to existing properties.
Specifically, we suggest the following :
• Building to Parking/Display Area Ratio, Section 3(A)(l ): this section currently provides
that the "parking or display area shall not be larger in square footage than the square footage
of the building devoted to the related business." In reality, the properties along Mainstreet
that are impacted by this ordinance are pre-existing buildings and because of this, the
building to parking/ display area ration may not conform to the requirements. Rather than
making this a prohibition to use, the City could require that the property owner demonstrate
that they have taken reasonable steps to bring the building to parking / display ratio closer
to compliance. Doing so would allow the City to consider the specific site plan challenges
CAPELL A TOWER I 5 U IT E 3 5 0 0 225 South 6th Street Minneapolis, MN 55402 P /612.604.6400 F/ 611.604.6800 W /winthrop.com A Professional Association
Febru ary 12, 2019
Page2
of each pro perty and im pose conditions, as necessary, to am eliora te concern s related to this
ra tion.
• Screening, Section 3(A)( 4): this section currently requires screening "six feet in height" to
be constructed along the abutting lot line of any property that abuts a residential district.
While we agree that a screening requirement makes sense for properties abutting residential
districts, the specific six (6) foot standard may not make sense in all instances. We believe
that the City could still accomplish its goals, but provide flexibility, by simply requiring
"screening" without specifying a particular height.
Thank you for inviting public comment and for taking the time to consider our proposals. We
look forward to participating in the process as the Code amendments move forward.
Very truly yours,
WINTHROP & WEINSTINE, R.A. 7 e '-
Tammera R. Diehm
cc: Mr. Richard Rotenberg
16846231vl
From:Douglas Sprinthall
To:Jason Lindahl
Subject:[EXTERNAL] RE: [EXTERNAL] quick question
Date:Wednesday, February 20, 2019 12:51:09 PM
Hi Jason,
At our last meeting, you'd asked for some building measurements. As you may recall, we were concerned about the
proposed regulation of the service department being smaller than the showroom. Modern New car dealerships aren't
designed that way. The show room only has to carry a representative sample of the inventory whereas every vehicle
worked on must be in the service department.. Here are the measurements of our Chrysler store in Hopkins.
Total sq ft. 46,545
Sales dept 6,368
Service dept 19,500
Parts & service lounge 3,890
Service reception 4,000
Let me know if you have any questions and I'll see you next week at the fire station.
Doug
Doug Sprinthall
PR and Communications Director
Walser Automotive Group
4401 American Blvd West
Bloomington, MN 55437
612-247-3436
________________________________________
From: Jason Lindahl [jlindahl@HOPKINSmn.com]
Sent: Tuesday, February 19, 2019 2:14 PM
To: Douglas Sprinthall
Subject: RE: [EXTERNAL] quick question
Hi Doug -
We have not received any comment from Walser. To be include in the Planning Commission report, comments
should be submitted to me by the end of the day tomorrow.
Let me know if you have questions or would like to discuss.
Thanks
Jason
Jason Lindahl | City Planner | City of Hopkins
1010 1st St S | Hopkins, MN 55343 | 952-548-6342 | 952-935-1384 Fax
https://urldefense.proofpoint.com/v2/url?u=http-
3A__www.hopkinsmn.com&d=DwIFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-
v5A_CdpgnVfiiMM&r=f79WcF1e8m_sRnt2XDiCDxZzRjuJDbuZ8dDhB71lRNU&m=ZzneIU6uFxXb4xLotfEn-
3vPQCOMRm_TPlXuRlVq9NM&s=Lg8gaL_BAAT9YC7tCelLCcuo3emPpKCGp9T9vEOum3w&e=
-----Original Message-----
From: Douglas Sprinthall <dsprinthall@walser.com>
Sent: Tuesday, February 19, 2019 7:42 AM
To: Jason Lindahl <jlindahl@HOPKINSmn.com>
Subject: [EXTERNAL] quick question
Jason,
Jessica Monson left our company a week ago. Did she send you a letter of comments after the previous meeting?
Thanks in advance and I'll see you next week.
Doug
Doug Sprinthall
PR and Communications Director
Walser Automotive Group
4401 American Blvd West
Bloomington, MN 55437
612-247-3436
________________________________
Walser Automotive Group Confidentiality Notice:
This message is being sent by the Walser Automotive Group. It is intended exclusively for the individuals and
entities to which it is addressed. This communication, including any attachments, may contain information that is
proprietary, privileged, confidential, including information that is protected under the HIPAA privacy rules, or
otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print,
retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify
the sender immediately by email and delete all copies of this message. This message is protected by applicable legal
privileges and is confidential.
________________________________
Walser Automotive Group Confidentiality Notice:
This message is being sent by the Walser Automotive Group. It is intended exclusively for the individuals and
entities to which it is addressed. This communication, including any attachments, may contain information that is
proprietary, privileged, confidential, including information that is protected under the HIPAA privacy rules, or
otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print,
retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify
the sender immediately by email and delete all copies of this message. This message is protected by applicable legal
privileges and is confidential.
3701 Alabama Avenue South I St. Louis Park, MN 55416 I Tel 952-258-8800 I Fax 952-258-8900 I
LutherAuto.com
Kate Uding | General Counsel
kate.uding@lutherauto.com
(952) 258‐8821
Planning and Zoning Commission
City of Hopkins
1010 1st Street South
Hopkins, MN 55343-7558
Attention: Jason Lindahl, City Planner
Re: Auto-Related Uses Zoning Code Text Amendments
Dear Planning and Zoning Commission Members:
I serve as General Counsel to The Luther Company LLLP (“Luther”) and we write in response to
recently recommended changes by staff to the auto-related uses zoning code text amendments. As
a reminder from our presentations to the Planning and Zoning Commission in 2018, Luther owns
and operates two businesses in Hopkins, including Hopkins Honda, a full-service automobile
dealership located at 250 5th Avenue South; and Automotive Performance Studio (“APS”), an
automobile detail, accessory installation and repair business located at 499 Mainstreet.
Luther has owned property in the City of Hopkins for over forty years and has a long history of
working with the City to use and develop its properties in ways that benefit both Luther and the
City. Hopkins Honda was developed on the site of a vacant and polluted former lumberyard.
Luther worked with the City in a model of public/private cooperation to get this property
redeveloped into a state-of-the-art automobile dealership that has been a great benefit to the City.
Luther paid nearly $719,000 in real estate taxes on its Hopkins properties in 2018 and employs over
200 people on these properties, with a total payroll of over $10,000,000. In addition, Hopkins
Honda alone generates 60,000 to 70,000 customer visits to Hopkins per year. The ripple effects of
Hopkins Honda employee and customer spending in Hopkins have a significant financial impact
on Downtown Hopkins. Luther is proud to be located in Hopkins, is proud to be an asset of the
City, and is proud of the positive impact its Hopkins businesses have had on Downtown Hopkins.
Luther believes an update to the auto-related uses ordinance is a good idea, to the extent those
revisions provide clarification and set clear and reasonable guidelines for automobile sales and
automobile repair. From our perspective, the current draft falls short of that goal. However, we
are hopeful that with some revisions to what staff has proposed, both businesses and the Planning
Commission can support the updated ordinance. Attached are our proposed revisions which we
have reviewed with staff, with yellow highlighting our changes to staff recommended language.
We made a number of suggestions which are smaller “tweaks” to the ordinance as proposed, but
our substantive revisions are summarized as follows:
Under the current proposed revisions, a new automobile dealership (selling new
and used cars with a full service center) would need several conditional use
permits. Since all new car dealerships require a service center, it makes sense to
differentiate those dealerships (franchised dealerships operating under
manufacturer requirements) from automobile sales-used, operating as a stand-
3701 Alabama Avenue South I St. Louis Park, MN 55416 I Tel 952-258-8800 I Fax 952-258-8900 I
LutherAuto.com
alone business.
We suggest that the best way to accomplish this is to create a new definition for
“Automobile Sales-Franchised, “ which includes new and used automobile sales,
leasing, rental and repair; and to make that use a conditional use in the B-3 zone.
This approval would allow new state of the art automobile dealerships in the city
subject to reasonable standards and conditions.
The 1:1 building to parking/display area ratio will not work for franchised
dealerships given the manufacturer requirements for display, parking for
customers, auto repair parking, etc.
There are approximately 37 automobile repair and sales businesses in Hopkins. These businesses
generate hundreds of direct jobs, hundreds of thousands of dollars in real estate taxes, and help
support many other businesses in Hopkins, particularly Downtown Hopkins, through spin-off
economic activity. We believe that taking a more comprehensive approach to these revisions will
benefit the current businesses and add clarity to the zoning amendment. We appreciate the
opportunity to discuss these revisions with the Planning Commission and staff and look forward to
working toward zoning amendments that serve the needs of both businesses and the City of
Hopkins.
Sincerely,
Kate Uding
Cc: David Luther, President
Linda McGinty, Vice President, Real Estate
Kyle Allison, General Manager, Luther Hopkins Honda
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 515.7,515.07, Definitions, is hereby amended to add the followingas
follows:
Subd. 17.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. 18.Automobile or truck repair – major: general repair, rebuilding or reconditioning of
engines, motor vehicles or trucks exceeding 9,000 pounds weighted capacity.trailers,
including body work, frame work, welding and major painting service.
Subd. 19. Automobile repair – minor: the repair, rebuilding or reconditioning of replacement
of any part or repair of any part which does not require the removal of the engine head or pan,
engine, transmission or differential, incidental body and fender work, minor painting and
upholstering service when said service above stated is applied to passenger automobiles, motor
cylces, snowmobiles, small engines and trucks not exceeding 9000 points rated capacity.
Subd. 19. Automobile Sales – Franchised: the sales, leasing, rental, repair and servicing of new
and used automobiles pursuant to a licensing agreement with an automobile manufacturer.
Subd. 19.1. Automobile Sales – Used: the sales and leasing of used automobiles not operating
under a licensed mark with an automotive manufacturer.
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. Franchised and Used 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:
New Automobile Sales or Leasing– Franchised and Automobile Sales – Used (collectivelyA)
“Automobile Sales”):including sales lot and major auto repair provided:
Building to Parking/Display Area Ratio.TheExcept in the case of Automobile Sales –1.
Franchised, 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.
Setback. A 20-foot front yard setback in which there shall be no auto parking. Within2.
this 20-foot setback there shall be a permanent barrier of landscaping.
Exterior Lighting. Lighting of the sales lot shall be totally from indirect lighting;3.
Exterior Lighting shall be consistent in character, design and bulb type throughout the
entire site.
Any light fixture must be placed in such a manner that no light emittingbulb surface isa.
visible from any residential area or public/private roadway, walkway, trail or other
public way when viewed at ground level.
Light shall be directed toward the ground. Externally lit signs, display, building andb.
aesthetic lighting must be lit from the top and shine downward. Lighting must be
shielded to prevent direct glare.
Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumensc.
at any nonresidential property line.
The maximum height for exterior lighting shall be thirty (30) feet. The maximumd.
height for exterior lighting within one hundred (100) feet of a residential use or
district shall be twenty (20) feet.
All nonessential lighting shall be turned off after business hours, leaving only thee.
lighting necessary for site security.
Screening. Should the lot abut an R district an acceptable design of screening fence five4.
six feet in height shall be constructed along the abutting lot line(s);
Vehicle Size. The auto sales lot shall not include vehicles over a 9,000 lb. rated weight;5.
Junk Vehicles. No vehicles which are unlicensed and/or inoperative shall be stored on6.
the premises; (Added Ord. 96-787).[Suggestion to strike this Subsection, as we believe
it is covered by Section 550.01(11)].).
Outdoor Activity. All repair, assembly, disassembly or maintenance of vehicles shall7.
occur within a closed building, except minor maintenance including tire inflation, adding
oil, and wiper replacement.
Outdoor Storage.Outdoor storage of parts, materials, or equipment is prohibited No8.
outside storage or display except licensed vehicles or current vehicle inventory for sale or,
rent lease, or repair.
Public Address Systems. No public address system.9.
Test Driving. No test driving of vehicles on local residential streets as designated in the10.
comprehensive plan.
Sales Activity. Used car lots sales shall be permitted only when an integral part of a new11.
car dealership.[As we understand it, used auto sales is a conditional use in Hopkins;
this section should be deleted to give clarity to used-only auto dealers and definition
of auto sales – used should be adopted.]
Vehicle Parking or Display. Automobile Sales and Leasing uses shall designate on a site12.
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
for more than forty-eight (48) hours.
Accessory Fuel Station. An Accessory Fuel Station may be allowed provided it is not13.
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.
Subordinate Automobile Repair.Automobile Sales or Leasing– Used uses may apply14.
for a separate conditional use permit for subordinate automobile repair subject to the
specific standards for that use and provided:[Should a separate permit really be
required here?]
The subject property does not abut a residential use or district.a.
The automobile repair use shall be subordinate to the principal automobile sales orb.
leasing use and occupy less than fifty (50) percent of the gross floor area of the
building in which it is located.[Note: we are not understanding the intent here
and suggest striking.]
Automobile Repair – MinorB)
Building to Parking Area Ratio. The parking area shall not be larger in square footage1.
than the square footage of the building devoted to the related business, unless otherwise
approved by a conditional use permit.
Setback. Conformance with the standard setbacks for the zoning district in which the2.
property is located.
Exterior Lighting. Lighting of the sales lot shall be from indirect lighting; exterior3.
lighting shall be consistent in character, design and bulb type throughout the entire site.
Any light fixture must be placed in such a manner that no light emittingbulb surfacea.
is visible from any residential area or public/private roadway, walkway, trail or other
public way when viewed at ground level.
Light shall be directed toward the ground. Externally lit signs, display, building andb.
aesthetic lighting must be lit from the top and shine downward. Lighting must be
shielded to prevent direct glare.
Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumensc.
at any nonresidential property line.
The maximum height for exterior lighting shall be thirty (30) feet. The maximumd.
height for exterior lighting within one hundred (100) feet of a residential use or
district shall be twenty (20) feet.
All nonessential lighting shall be turned off after business hours, leaving only thee.
lighting necessary for site security.
Screening. Should the lot abut an R district, an acceptable design of screening fence five4.
six (6) feet in height shall be constructed along the abutting lot line(s);
Junk Vehicles. Junk vehicles shall comply with Section 550.01, Subdivision 11, Junk5.
Vehicles.
Outdoor Activity. All repair, assembly, disassembly or maintenance of vehicles shall6.
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.
Outdoor Storage. Outdoor storage of parts, materials, or equipment is prohibited except7.
licensed vehicles awaiting repair or repaired vehicles awaiting pick up.
Public Address Systems. No public address system.8.
Test Driving. No test driving of vehicles on local residential streets as designated in the9.
comprehensive plan.
Vehicle Parking or Display. Automobile repair uses shall designate on a site plan areas10.
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 for more than forty-eight (48) hours.
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:
Automobile Repair – Major subject to:A)
Building to Parking/Display Area Ratio. The parking or display area shall not be larger in1.
square footage than the square footage of the building devoted to the related business,
unless otherwise approved by a conditional use permit.
Setback. Conformance with the standard setbacks for the zoning district in which the2.
property is located.
Exterior Lighting. Lighting of the sales lot shall be totally from indirect lighting;3.
Exterior Lighting shall be consistent in character, design and bulb type throughout the
entire site.
Any light fixture must be placed in such a manner that no light emittingbulb surfacea.
is visible from any residential area or public/private roadway, walkway, trail or other
public way when viewed at ground level.
Light shall be directed toward the ground. Externally lit signs, display, building andb.
aesthetic lighting must be lit from the top and shine downward. Lighting must be
shielded to prevent direct glare.
Light levels shall not exceed 0.5 lumens at any residential property line or 1.0 lumensc.
at any nonresidential property line.
The maximum height for exterior lighting shall be thirty (30) feet. The maximumd.
height for exterior lighting within one hundred (100) feet of a residential use or
district shall be twenty (20) feet.
All nonessential lighting shall be turned off after business hours, leaving only thee.
lighting necessary for site security.
Screening. Should the site abut an R district an acceptable design of screening six feet in4.
height shall be constructed along the abutting lot line(s);
Junk Vehicles. Junk vehicles awaiting repair or pick up shall comply with Section5.
550.01, Subdivision 11, Junk Vehicles.
Outdoor Activity. All repair, assembly, disassembly or maintenance of vehicles shall6.
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.
Outdoor Storage. Outdoor storage of parts, materials, or equipment is prohibited No7.
outside storage or display except licensed vehicles awaiting repair or repaired vehicles
awaiting pick up.
Public Address Systems. No public address system.8.
Test Driving. No test driving of vehicles on local residential streets as designated in the9.
comprehensive plan.
Vehicle Parking or Display. Automobile repair uses shall designate on a site plan areas10.
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 for more than forty-eight (48) hours.
All painting must be conducted in an approved paint booth. All paint booths and all other11.
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