CR 2003-072 Zoning Ordinance Amendments
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CITY Of:
April 30, 2003
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HOPKINS
Council Report 03-72
ZONING ORDINANCE AMENDMENTS
Proposed Action.
Sta~f recommends the following motion: Move to adopt Resolution 03-41, approvmg
Ordinance 03-898, making amendments to the zoning ordinance for first reading.
At the Zoning and Planning meeting, Ms. Hatcher moved and Ms, Halverson seconded a
motion to adopt Resolution RZ03-5, recommending approval of Ordinance 03-898, making
amendments to the zoning ordinance. The motion was approved unanimously.
Overview.
At various times the staff assembles sections of the zoning ordinance that need to be updated.
These amendments are to correct inconsistencies or problems the staff has identified or just
to update the ordinance. Several of the proposed amendments are basically housekeeping-
. type amendments.
Primary Issues to Consider.
. What are the proposed amendments?
. What was the discussion at the Zoning and Planning meeting?
Supportine Documents.
. Analysis of Issues
. Letter from Cetom
. Resolution 03-41
. Ordinance 03-898
~ r1ldo!\OlJY1
Nan S. Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
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CR03-72
Page 2
Primary Issues to Consider.
. What are the proposed amendme~ts?
515.00. Manufacturing - light. A use engaged in the manufacture. predominantly from
previously prepared materials of finished products or parts. including processing. fabrication.
assembly. treatment. and packaging. which activities are conducted wholly within an
enclosed building.
New definition
515.00. Portable storage unit. A self-contained unit that is used for temporary storage.
New definition
520.03 Subd. 5. Discontinuance. When a lawful non-conforming use of a structure or land is
discontinued for a period of six months one year, any future use of the structure or land shall
be in conformity with the provisions of this code.
State Statute changed for non-conforming uses.
541.02 b. Manufacturing, produotion, prooessing, servICIng, repair or testing or
materials, goods or produots that is wholly oontained 'within a building and whioh betY/een
Office, showroom and tech uses, amllight manufacturing that occupyies at least 60 percent
of the gross floor area of the building and a warehouse, 'llSe and light manufacturing use~ that
occupyies a maximum of 40 percent.
Eliminating light manufacturing as a part of the 60 percent and adding light
manufacturing to the 40 percent.
560.12 Portable storage unites) are allowed in all districts for temporary storage during
construction and/or remodeling with a building permit or for not longer than 30 consecutive
days for the purpose of moving. Portable storage units shall not be placed in the public right-
of-way.
Defining where and when there can be portable storage units.
· What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed amendments. It was noted that Cetom, the owner of
the Knox property, has submitted a letter objecting to the change in the uses within the
Business Park zoning district. No one appeared at the public hearing regarding the proposed
amendments.
CR03-72
Page 3
Alternatives.
1. Approve the amendments to the zoning ordinance. By approving the amendments to the
zoning ordinance, the zoning ordinance will be amended.
2. Deny the amendments to the zoning ordinance. By denying the amendments to the zoning
ordinance, the zoning ordinance will not be amended. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
APR 29 21211213 13:47 FR FABYANSKE LAW FIRM 512 338 3857 TO 99529351834
P.12l2
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C.HART
T, I'"AIlY ANSl<!!
MARK W. WESTRA
Je:Re:M1AI-1 J, KEARNEY
DEI'INIS J. TROOIEN
SCOTT LLOYO ANDERSON
PAUL L, RATE1.LE
GREGORY T. SPALJ
DEAN II 1HO,..SON
GARY C, 1010501'1
l(yl.E E, HART
JUDITH E. KAOW
STEPHEN A MELCHER
RICHARD G. JENI5EN
THOMAS J. TUCCI
CHARLES G. CARPENTER. III
FABY ANSKE, WESTRA & HART
A PROFESSIONAL ASSOCIATION
SUITE: 1100
920 SECOND AVENUE SOUTH
MINNEAPOLIS. MINNESOTA 55402
TEI.E"HONE 612.338.0115
FAX 812-338-3S57
WWW.FWHLAW.COM
CHRISTQPHIOFI p, CHILaTRDI'oI
JOCELYN l.. l<NOLL
STEVEN C. COX
JU~IE A, DOHERTY
AARON A. CEAN
SCOTT A. JOHNSON
~"'ANNA L STREET
PATRICK J. LEE'O'HALLORAN
F1'IEI;IEFlICK H. I.AI;INEFI
TOWLE M, rlEU
PATRICi( R, ROHlJIND
NATHAN E. flAY
TI-1ERESA A. PETERSON
THEODORE V. ROElERTS
MICHAIO~ 1\. ROeOW
April 28, 2003
OF COUNSE~:
GORDON P,I'1EIN$ON
JAYNE E. GARONER
RENEE K, ZIRBES
EMI\I~ O'TROOISNOFWHI.IIW,COM
DIRECT (S12) :IIlS.9SOS
VIA FACSIMILE: (952) 935-1834
Ms. Nancy S. Anderson
Planner, City of Hopkins
1010 First Street South
Hopkins. MN 55343-7573
Re:
Knox Property I Cetom Associates, L.P.
Our File No.: 81376-002
"
Dear Ms. Anderson:
Please be advised that we are local legal counsel for Cetom Associates, L.P., the owner of
the "Knox property" at 250 Fifth Avenue South in Hopkins, Minnesota. This letter is in response
to the proposed text amendments of your zoning ordinance as set forth in the notification from
you, dated April 18, 2003.
Please be advised that my client objects to the proposed change of "light manufacturing"
being disqualified from the 60% use requirement and the placing of "light manufacturing" into
the 40% use requirement. Your Business Park ordinance is already overly restrictive and
discourages reasonable uses in a business park. Your restrictive zoning has been the cause of the
Knox property not being put back into productive use, It is also unreasonable to apply these
restrictions to the Knox property, as it is surrounded by distribution centers and outside storage
facilities_
Very{j7llTS'
Dennis 1. Trooien
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. DITlkjm
cc: Client
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 03-41
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING VARIOUS ORDINANCE AMENDMENTS
WHEREAS, an application for zoning amendments, ZN03-3, has been made by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendments was made by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on April 29,
2003: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for zoning amendments, ZN03-3,
is hereby approved based on the following Findings of Fact:
1. That the proposed amendments protect the health, safety, and welfare of the
community.
Adopted this 6th day of May 2003.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2003-898
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the Hopkins Zoning Ordinance No. 515-570 be, and the same and is hereby
amended by amending and adding the following sections:
515.07. Subd 112. Manufacturing - light. A use engaged in the manufacture,
predominantly from previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment. packaging, which activities are
conducted wholly within an enclosed building.
515.07. Subd. 140. Portable storage unit. A self-contained unit that is used for temporary
storage.
520.03 Subd. 5. Discontinuance. When a lawful non-conforming use of a structure or
land is discontinued for a period of six months one year, any future use of the structure or
land shall be in conformity with the provisions of this code
541.02 b. Manufacturing, production, processing, servioing, repair or testing or
materials, goods or produots that is wholly contained within a building and whioh
bet\veen Office, showroom and tech uses, and light manufaoturing that occupyies at least
60 percent of the gross floor area of the building and a warehouse, 'l:lSe and light
manufacturing use~ that occupyies a maximum of 40 percent.
560.12 Portable storage unites) are allowed in all districts for temporary storage during
construction and/or remodeling. Such units shall be removed immediately upon issuance
of a certificate of occupancy or final building permit inspection, whichever applies.
Public storage units may also be used for not longer than 30 consecutive days in
coni unction with moving and relocation activities. Portable storage units shall not be
placed in the public right-of-way.
Other uses listed in Sections 515, 520, 541, and 560 are to be renumbered accordingly.
First Reading:
May 6, 2003
Second Reading:
May 20, 2003
Date of Publication:
May 29, 2003
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Date Ordinance Takes Effect:
May 29, 2003
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
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