CR 2000-093 Zoning Ordinance Amendments
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CITY OF
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May 31,2000
HOPKINS
Council Report 2000-93
ZONING ORDINANCE AMENDMENTS
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 00-36 approvmg
Ordinance 00-841, making amendments to the zoning ordinance.
At the Zoning and Planning meeting, Ms. Swanson moved and Mr. Gross seconded a motion
to recommend approval of Resolution RZOO-9 recommending approval of Ordinance 00-841,
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.
At the Zoning and Planning meeting, Ms. Anderson reviewed the proposed amendments. No
one appeared at the public hearing regarding these amendments.
Primary Issues to Consider.
. What are the proposed amendments?
SUPDortin!! Documents.
. Analysis ofIssues
. Resolution 00-36
. Ordinance 00-841
Financial Impact: $ N/A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
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Page 2
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Primary Issues to Consider.
o What are the proposed amendments?
500.75 Park Dedication Subdivision 1. In every plat, re-plat or subdivision of land allowing
development or redevelopment for residential, commercial, industrial or other uses or
combination thereof, or where a waiver of plat is granted (but excluding simple lot line
adjustments which do not create additional lots), a reasonable portion of such land shall be
set aside and dedicated by the owner or owners to the general public as open space for parks,
playgrounds. trails. wetlands. or open space and it is hereby declared that, as a general rule, it
is reasonable to require dedication of an amount of land equal in area to that percentage of
the undeveloped land set forth in subdivision 2. The park dedication requirements of this
Section 500.75 shall apply to all plats. replats and subdivision ofland. including waivers of
platting (except simple lot line adiustment). and including plats. replats. subdivision and
waivers of platting which combine previously subdivided or platted parcels of land into
larger or fewer parcels of land. Said land shall be suitable for public use for one of the
aforedescribed purposes and the City shall not be required to accept land which will not be
usable for parks and playgrounds or which would require extensive expenditure on the part of
the public to make them usable. This dedication shall be in addition to the property
dedicated for streets, alleys or other public ways.
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Subd. 7. The land dedication and/or the cash contribution in lieu of land dedication shall be
based on the follovt'ing: calculated as follows:
Estimated of a6Wal fair market value of the property required to be dedicated to the City in
Subdivision 2, calculated determined by the City assessor of the property as of the date of the
approval of the final plat, replat, subdivision or waiver of the plating.
This section will clarify the section regarding combined lots, when a park dedication fee
is required. The Park Board has reviewed this section of the ordinance.
Subd. 9. Any cash contribution received pursuant to Subdivision 7 of this Section shall be
placed in a separate City fund and used only for park, playground, trail, open space, urban
forestry purposes, or for public recreational or cultural facilities as defined and outline on
Minn. Statute Section 471.191
This will allow park dedication funds to be used at the Arts Facility.
515.01 Subd. 10. Antique Shops: A place offering primarily antiques for sale. An antique
for the purpose of this ordinance shall be a work of art. piece of furniture. decorative object.
or the like. of or belonging to the past. at least 30 years old.
New definition
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515.01 Subd. 16. Automatic Teller Machine: An automated device that performs banking or
financial functions at a location remote from the controlling financial institution.
New definition
515.01 Subd. 40. Copy Shop: a retail establishment that provides duplicating services using
photocopying. blueprint. and offset printing equipment. and may include the collating and
binding of booklets and reports.
New definition
515.01 Subd. 85. Livable space: an area that is habitable for the entire year.
New definition
515.00 Subd. 153. Theater. Multiplex: A multiplex is a complex structure with multiple
movie theaters in which each theater is capable of showing moves independent of the others
in the complex. Structurally. theaters in a multiplex are grouped in a manner that allows
them to share box or ticket offices. parking facilities. lobby area. restrooms. concession
stands. signs. and marquee displays. and other service and maintenance facilities.
New definition
515.01 Subd. 165. Video Rental Store: An establishment primarily engaged in the retail
rental or lease of videotapes. films. CD-ROMs. laser discs. electronic games. cassettes or
other electronic media. Sales of film. video tapes. laser discs. CD-ROMs. and electronic
merchandise associated with VCRs. video cameras. and electronic games are permitted
accessory uses.
New definition
520.03 Subd. 12. Governmental Agency Action. Ifa government action renders a building.
sign. parking lot or fence non-conforming. the property owner of the parcel of land can
petition the City Council to provide relief for the action.
This section is added to help residents and businesses if a government action causes a
non-conformity.
525.13 Subd. 14. Development agreement. A conditional use permit may require a
development agreement to be signed by the City and the developer.
There is no provision in the ordinance that references a development agreement.
535.01 Subd. 3. 110. Warehouse - 16,000 square feet maximum
not abutting Mainstreet
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This will not permit warehousing 00 Maiostreet
560.03 Antennas. Antennas used for a commercial use may be attached to existing structures
in residential, business and industrial districts providing no antenna is 20 feet tallef than
above the existing structure. Only two Four antelUla providers may be allowed on an existing
structure.
This will allow more providers on existing buildings, to prevent towers from being
constructed.
570.48 a) That all automatic changing signs are wall signs, except a time and temperature
sign can be a pylon or monument sign.
570.49 a) that all time/temperature signs are wall signs.
Time and temperature signs will be allowed as pylon and monument signs.
Alternatives.
1. Approve the amendments to the zoning ordinance.
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2. Deny of the amendments to the zoning ordinance. By denying the amendments to the
zoning ordinance, the amendments will not be added to the zoning ordinance. 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.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 00-36
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING VARIOUS ORDINANCE AMENDMENTS
WHEREAS, an application for Zoning Amendments ZNOO-S 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 25,
2000: 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 ZNOO-5
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 June 2000.
Eugene 1. Maxwell, Mayor
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2000-841
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That Sections 500, 515, 520, 525, 535 560, and 570 of Hopkins Code of
Ordinances be, and the same and are hereby amended by amending and adding the
following sections:
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500.75 Park Dedication Subdivision 1. In every plat, re-plat or subdivision of land
allowing development or redevelopment for residential, commercial, industrial or other
uses or combination thereof, or where a waiver of plat is granted (but excluding simple
lot line adjustments which do not create additional lots), a reasonable portion of such land
shall be set aside and dedicated by the owner or owners to the general public as open
space for parks, playgrounds. trails. wetlands. or open space and it is hereby declared
that, as a general rule, it is reasonable to require dedication of an amount of land equal in
area to that percentage of the undeveloped land set forth in subdivision 2. The park
dedication requirements of this Section 500.75 shall apply to all plats. replats and
subdivision ofland. including waivers of platting (except simple lot line adjustment). and
including plats. replats. subdivision and waivers of platting which combine previously
subdivided or platted parcels of land into larger or fewer parcels of land. Said land shall
be suitable for public use for one of the aforedescribed purposes and the City shall not be
required to accept land which will not be usable for parks and playgrounds or which
would require extensive expenditure on the part of the public to make them usable. This
dedication shall be in addition to the property dedicated for streets, alleys or other public
ways.
Subd. 7. The land dedication and/or the cash contribution in lieu ofland dedication shall
be based on the following: calculated as follows:
Estimated of aemaJ fair market value of the property required to be dedicated to the City
in Subdivision 2, calculated determined by the City assessor of the property as of the date
of the approval of the final plat, replat, subdivision or waiver of the plating.
Subd. 9. Any cash contribution received pursuant to Subdivision 7 of this Section shall
be placed in a separate City fund and used only for park, playground, trail, open space,
urban forestry purposes, or for public recreational or cultural facilities as defined and
outline on Minn. Statute Section 471.191.
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515.01 Subd. 10. Antique Shops: A place offering primarily antiques for sale. An
antique for the purpose of this ordinance shall be a work of art. piece of furniture.
decorative object. or the like. of or belonging to the past. at least 30 years old.
. 515.01 Subd. 16. Automatic Teller Machine: An automated device that performs
banking or financial functions at a location remote from the controlling financial
institution.
515.01 Subd. 40. Copy Shop: A retail establishment that provides duplicating services
using photocopying. blueprint. and offset printing equipment. and may include the
collating and binding of booklets and reports.
515.01 Subd. 85 Livable space: An area that is habitable for the entire year.
515.00 Subd. 153. Theater. Multiplex: A multiplex is a complex structure with multiple
movie theaters in which each theater is capable of showing moves independent of the
others in the complex. Structurally. theaters in a multiplex are grouped in a manner that
allows them to share box or ticket offices. parking facilities. lobby area. restrooms.
concession stands. signs. and marquee displays. and other service and maintenance
facilities.
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515.01 Subd. 165. Video Rental Store: An establishment primarily engaged in the retail
rental or lease of video tapes. films. CD-ROMs. laser discs. electronic games. cassettes or
other electronic media. Sales of film. video tapes. laser discs. CD-ROMs. and electronic
merchandise associated with VCRs. video cameras. and electronic games are permitted
accessory uses.
520.03 Subd. 12. Governmental Agency Action. If a government action renders a
building. sign. parking lot or fence non-conforming. the property owner of the parcel of
land can petition the City Council to provide relieffor the action.
525.13 Subd. 14. Development Agreement. A conditional use permit may require a
development agreement to be signed by the City and the developer.
535.01 Subd. 3. 110. Warehouse - 16,000 square feet maximum
not abutting Mainstreet
560.03 Antennas. Antennas used for a commercial use may be attached to existing
structures in residential, business and industrial districts providing no antenna is 20 feet
above taller thull the existing structure. Gflly!we Four antenna providers may be allowed
on an existing structure.
570.48 a) That all automatic changing signs are wall signs, except a time and
temperature sign can be a pylon or monument sign.
570.49 a) that all time/temperature signs arc v.all signs.
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Other uses listed in Sections 500, 515, 520, 525, 535, 560, and 570 are to be renumbered
accordingly.
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First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
June 6,2000
June 20, 2000
June 28, 2000
July 18, 2000
ATTEST:
Eugene 1. Maxwell, Mayor
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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City Attorney Signature
Date
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