Loading...
Memo- 2nd Reading For Ordinance 00-833 . MEMO To: City Council From: Nancy Anderson Date: April 12, 2000 Subject Second Reading for Ordinance 00-833 Attached is Ordinance 99-833 for second reading. The following section has been added. This section will not require a conditional use permit for interior remodeling or a change that is considered non-significant. 525.13. Subd. 2,a) the proposed use is specified as a conditional use, provided that a new conditional use permit or amendment to an existinq conditional use permit shall not be required for i) remodelinq or improvement to the interior of an existinq conditional use that does not chanae the nature or increase the intensity of such use, or ii) chanaes e in an existinq conditional use that are determined to be non-siqnificant under the provisions of Subdivision 14 of this ordinance. The City Council's action is to approve the ordinance for second readinq and order the ordinance published. . ----.- -- . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2000-833 AN ORDINANCE AMENDING THE ZONING ORDINANCE BE IT ORDAINED by the City Council of the City of Hopkins as follows: Section 1 That the Hopkins City Code Section 515.07, Subd. 83 be, and the same is hereby amended, as follows: Subd. 83. Lot: means a parcel of land delineated upon and thereafter described by reference to a plat, registered land surveyor auditor's subdivision, or other similar recorded dedicatory document. "Lot" also means and refers to any single parcel of land that is assigned an individual property identification number for real estate taxation purposes. (amended Ord. No. 94-742) e Section 2 Sections 520.21, Subd. 1, and 520.23 of the Hopkins City Code are hereby amended, as follows: 520.21. Districts. Subdivision 1. Established. The city is divided into the following zoning use districts: (Amended Ord. No: 87-601) R - Residential Districts R-I-A Single and two family high density R-I-B Single family high density R-I-C Single family medium density R-I-D Single family low density R-I-E Single family low density (Added) R-2 Low density multiple family residential R-3 Medium density multiple family residential R-4 Medium high density multiple family residential R-4 Planned unit development R-5 High density multiple family residential R-6 Medium density multiple family residential . . B - Business Districts B-1 Limited business B-2 Central business B-3 General business I - Industrial Districts I-I Industrial 1-2 General industrial FP - Flood Plain District INS - Institutional Districts 520.23. Official zoning map. The boundaries of the districts described in this code are delineated on that certain map entitled "Hopkins Official Zoning Map" which map includes therewith or therein drawings of the flood plains areas and other pertinent information as overlays or adjuncts thereof. Three copies of the official zoning map, including all of the overlays and materials above mentioned and including all of the notations, references and other information shown thereon are on file for public inspection in the office of the city clerk. The e official zoning map as the same may be amended from time to time by ordinance is made a part of this code by reference with the same force and effect as if such map, diagrams, materials and information were fully set forth in this code and published verbatim. Section 3 The Hopkins Official Zoning Map is hereby modified and amended to establish the zoning use district boundaries delineated in the Official Zoning Map attached to this Ordinance and incorporated herein. Section 4 That the Hopkins City Code section 520.13 be, and the same is hereby amended by, amending, deleting or adding the following sections, paragraphs provisions or subdivisions: 520.13 Subd. 10. Institutional district fences. In an Institutional district no boundary line fence shall be erected or maintained more than four feet in height except that: a) Fences along any property line that abuts a parking lot may exceed four feet but shall not exceed six feet in height: e -- . Section 5 That the Hopkins City Code section 525.13 be, and the same is hereby amended by, amending, deleting or adding the following sections, paragraphs, provisions or subdivisions: 525.13. Subd. 2,a) the proposed use is specified as a conditional use, provided that a new conditional use permit or amendment to an existing conditional use permit shall not be required for i) remodeling or improvement to the interior of an existing conditional use that does not change the nature or increase the intensity of such use. or ii) changes in an existing conditional use that are determined to be non significant under the provisions of subdivision 14 of this ordinance. 525.13 Subdivision. 15 Standards, In evaluating a Conditional Use Permit application and granting a Conditional Use Permit, the Planning Commission and City Council shall consider and require its compliance with the following standards. conditions and requirements: 525. 13 d 4 Vehicular traffic generated by a use shall be chalmeled and controlled in a maImer which '.'liB a'loid congestion or interference with other '/ehieular transportation systems or pedestrian traffic and ,..,hich '..vill avoid creatiHg traffic hazards or excessive traffic tm-ough e residential areas. The adequacy of any proposed traffic circulation system to accomplish these objectives shall be determined by the City, vt'hich may require such additional measures for traffic control as it may deem necessary, inElluding but not limited to the following: directional signalization, channelization, standby turn lanes, sidewalks, remoyal of aCEless points, and moving of access points. 525.13 Subd. 15 g) In Institutional Zoning Districts. the Conditional Use Permit application shall comply with the standards, conditions and requirements stated in Section 542.03 of this Ordinance. 525.13 Subd. 15. h) traffic impacts such as increases in vehicular traffic. changes in traffic movements. traffic congestion. interference with other transportation systems or pedestrian traffic. and traffic hazards shall be considered by the Planning Commission and City Council in evaluating an application for a Conditional Use Permit. The applicant shall demonstrate the proposed conditional use shall not cause unacceptable increases in vehicular traffic. traffic congestion or interference with other transportation systems or pedestrian traffic. and will not create traffic hazards or excessive traffic through residential areas or otherwise cause adverse effects on residential areas or dwellings. The City may require the applicant to submit a traffic study prepared by a traffic consultant approved by the City to demonstrate the applicant's compliance with the requirements of this paragraph. As a condition of the issuance of a Conditional Use Permit. the City may require the applicant to incorporate in the applicant's proposal and construct such traffic control measures and improvements as the City may deem . necessary. including. but not limited to directional signalization. channelization. stand-by turn -- ---------.--.--- . lanes. sidewalks. removal of access points to public streets and moving of access points to public streets. Section 6 That the Hopkins City Code section 530.09 be, and the same is hereby amended by, amending, deleting or adding the following sections, paragraphs, provisions or subdivisions: 530.09 Conditional Uses within R Districts. Subdivision L The following are conditional uses in R zoning districts and certain of the standards. restrictions and requirements applicable to such conditional uses: 530.09 Subdivision 1 a) Churches any house of worship or church structure which pro';ides space for mOTe than 20 persons at '.vorship shall be located not less than 35 feet from any of its side and reat" lot lines. 530.09 Subdivision. 1 a) Within the R-2 - R-6 districts only any church or place of religious worship and all structures. facilities and physical improvements incident or accessory thereto. The front yard setback for such a conditional use shall be the same front yard setback stated in Section 530.05 of this ordinance for permitted uses in the zoning district in which the conditional use is located. The side and rear yard setbacks for any such conditional use shall be no less than 35 feet from its side and rear property lines. . 530.09 Subdivision 1 d) Publio or equivalent prh'ate schools provided no buildings are located less than 50 feet from any lot line and that a fence is erected along the boundary line which is common with abutting pri'..ate property. 530.09 Subdivision 1 d) Within the R-2 - R-6 districts public or equivalent private schools provided no buildings are located less than 50 feet from any lot line and that a fence is erected along the boundary line which is common with abutting private property. 530.09 Subdivision 1 f) Off-street parking for abutting B or I uses provided: L Such parking may be extended the width of three contiguous lots or 150 feet whichever is more onto land which is zoned for residential use; 2. The land is under the same ownership or control as the abutting B or I uses land which is to be served; 3. Said parking is not located between two existing abutting dwelling units subj ect to conformance with parking lot standards in the code; 4. Such off street parking shall not be allowed on any lot on which a dwelling is located at the time of application for the Conditional Use Permit or on which a dwelling was located but has been removed by or on behalf of the applicant at any time prior to the date of the application for the Conditional Use Permit: and 5. Such off-street parking shall otherwise be subiect to the standards and requirements stated in Section 525.13 of these ordinances . . Section 7 The Hopkins City code is hereby amended by the adoption of the following new Section 542: 542.01. One-family detached dwellings and two family detached dwellings are permitted uses in the Institutional district. but subject to all provisions of section 530 applicable thereto. which provisions are incorporated in this section. 542.02. Conditional uses within the Institutional districts. Subdivision 1. The following are conditional uses in Institutional zoning districts and certain of the standards. restrictions and requirements applicable to such conditional uses: . Schools and all structures. facilities and physical improvements incident or accessory thereto. . Religious Institutions and all structures. facilities and physical improvements incident or accessory thereto. 542.03 Any expansion. enlargement or modification of an Institutional use that will result in the demolition or removal of a dwelling unit shall be a conditional use requiring a Conditional Use . Permit. All conditional uses shall be allowed only upon compliance with and fulfillment of all the standards. conditions and requirements stated in Sections 525.13 and 542 of the Hopkins Zoning Ordinance. 542.04 Area and Yard Limitations Conditional Uses permitted in any Institutional district are subject to the following minimum floor and lot area. minimum lot width. yard and setback. requirements. and maximum building heights. Front yard 35 feet Side yard 35 feet Rear yard 35 feet Minimum Lot Size 20.000 square feet Lot width 100 feet % Building Coverage 35% of lot area Maximum building height 35 feet 542.05 Subdivision. 1. in addition to the standards, conditions and requirements stated elsewhere in Section 525.13 and this Section 542. no Conditional Use Permit shall be granted for a . conditional use within an Institutional district unless the applicant has demonstrated compliance --- -- - . with the following standards. conditions and requirements. 1. The removal of a dwelling unit. whether attached or detached. shall not change the character of the neighborhood. Wherever such a dwelling is removed it shall be replaced by a use that is compatible in size. scale. orientation to the street. and architectural character with adjacent properties and dwellings. The Planning Commission and City Council shall apply the requirements of this ordinance to any lot or parcel of land from which a dwelling is to be removed or has been removed by or on behalf of the applicant at any time prior to the date of the application for the Conditional Use Permit 2. Any structure. building or other improvement constituting part of an institutional use that lies directly across the street from a dwelling or dwellings shall be architecturally compatible. in scale with and oriented consistent with existing dwelling units. If the existing dwelling units adjacent to or in the vicinity of the institutional use face the street. any structures. buildings or improvements related to the institutional use must also orient to the street. Green space. yards or landscaped parking lots are acceptable if an existing park or open space is adiacent to or across the street from the institutional use. New or expanded existing parking lots across the street from existing dwellings are not acceptable because they are inconsistent with the existing character of the . neighborhood. except that a parking access drive not exceeding 24 feet in width may be permitted across the street from existing dwellings provided the landscaping and screening requirements of this ordinance are met. In order to evaluate the application for a Conditional Use Permit and its compliance with this paragraph. the City may retain an architect or city planner, at the applicant's expense. to evaluate the proposed conditional use and submit a study or report to the City stating the architect or planner's opinions and recommendations relating to the compliance of the proposed institutional use with the requirements of this paragraph. 3. If a new or expanded existing parking lot or access drive is permitted under the provisions of the preceding paragraph. and such new or expanded parking lot or access drive abuts or is across the street from an existing dwelling or dwellings, there shall be a landscaped buffer area within the required setback of at least 15 feet in width. Buffer areas shall be planted with a mixture of not less than 50% coniferous plantings to facilitate year-round screening. and berming may also be required for screening purposes. Additionally. screening and buffering shall be required in accordance with Section 550.01 of this ordinance except that fence shall be permitted along street frontages. Subdivision 2. the proposed use shall also comply with all federal. state and municipal laws. statues. codes and ordinances and the standards and policies of the City in effect at the time of . submission of the applicant for a Conditional Use Permit. The City may require the applicant at . the applicant's expense. to submit studies. plans and reports. from consultants approved by the City to demonstrate compliance of the proposed conditional use with all such laws. statutes. codes. ordinances. standards. and policies. That the Hopkins City Code section 570.40 be, and the same is hereby amended by, amending, deleting or adding the following section, paragraphs and subdivisions: 570.40 Permitted signs: Institutional Districts. The signage for institutional districts shall conform to section 570.46. First Reading: April 4, 2000 Second Reading: April 18, 2000 Date of Publication: April 26, 2000 Date Ordinance Takes Effect: May 17, 2000 . Eugene 1. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date .