IV.7. Second Reading: Ordinance 2019-1138 approving a zoning code text amendment for auto related uses and authorizing its publication; ElverumMEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Date: March 19, 2019
Subject: Second reading of Ordinance 2019-1138 approving a zoning code text
amendment for auto related uses and authorizing its publication
Proposed Action
Move to adopt Resolution 2019-021 approving the second reading of Ordinance 2019-1138
amending the City Code related to auto related uses and authorizing its publication.
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. A revised zoning code text
amendment was released to the public in January 2019. The Planning & Zoning Commission
reviewed the revised zoning code text amendment during their February 26, 2019 meeting and
recommended approval by the City Council. The City Council approved the first reading of this
revised zoning code text amendment during their March 5, 2019. Staff now recommends the City
Council approve the second reading of this revised zoning code text amendment and authorize its
publication.
Attachments
Resolution 2019-021
Ordinance 2019-1138
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-021
A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2019-1138
AMENDING SECTIONS 515, 535, 540 AND 550 OF THE CITY CODE RELATED TO
AUTOMBILE REPAIR, AUTOMOBILE SALES, OUTDOOR STORAGE & JUNK VEHICLES
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 voted to
continue it 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 and 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 to study and 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 and approved the first
reading.
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public
of the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves Resolution 2019-021 approving the second reading of Ordinance 2019-1138 amending
Sections 515, 535, 540 and 550 of the city code related to automobile repair, automobile sales, outdoor
storage and junk vehicles and authorizing its publication.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause the
following summary of Ordinance 2019-1138 to be published in the official newspaper in lieu of the
entire ordinance:
Public Notice
In summary, Ordinance 2019-1138 amends Sections 515 (Policy; Definitions), 535 (Business Districts),
540 (Industrial Districts) and 550 (Off-Street Parking) of the city code related to zoning standards for
automobile repair, automobile sales, outdoor storage and junk vehicles.
Adopted by the City Council of the City of Hopkins this 19th day of March 2019.
______________________
Jason Gadd, 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 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: March 28, 2019
Date Ordinance Takes Effect: March 28, 2019
ATTEST:
_____________________ ___________________
Amy Domeier, City Clerk Jason Gadd, Mayor