CR 97-28 Zoning & City Code Amendments
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February 27, 1997
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Council Report CR97-28
ZONING AND CITY CODE AMENDMENTS
ProDosed Action.
Staff recommends the following motion: Move to ao.,prove Resolution 97-15, approving
Ordinance 97-797. making various zoning and city code amendments for first reading.
At the Zoning and Planning meeting, Mr. Blair moved and Mr. Gross seconded a motion to
approve Resolution RZ97-l, recommending approval of Ordinance 97-797, making various
zoning and city code amendments. The motion carried unanimously.
Overview.
At various times during the year, the staff assembles various 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. The proposed amendments are basically
housekeeping-type amendments.
The major changes being proposed are as follows:
o amend waiver of plat section
o amend the various sections of the ordinances that have to do with the time
period to make a zoning decision
The majority of the attached ordinance amendments pertain to changing the zoning ordinance
to comply with the 60-day rule enacted by the Legislature.
Primary Issues to Consider.
o What are the amendments to the Zoning Ordinance?
o What was the discussion at the zoning and planning meeting?
SUDDortinl! Documents.
o Analysis of issues
o Resolution 97-15
o Ordinance 97-797
Nanc . Anderson, A1CP
Planner
CR97-28
Page 2
Primary Issues to Consider.
o What are the amendments to the zoning ordinance?
500.09 PreliminaI)' plat: commission duties. The commission shall conduct the hearing on the
preliminary plat, make its report, findings and recommendation to the City Council within 50
davs from the filing of a comoleted application for a preliminary plat unless the city notifies
the aoolicant of an extension for an additional 60 days or the arlDlicant agrees to a
continuance. ell. ef Before the Hellt reglliltf meeting ef the eellneil follewing the pl!t3lie hearing
lIf!iess lIB. elltef!sieH is gfaHted, bm ill. He t!'lent later thllll 80 eays from date efhear'.ng.
500.11 Preliminary plat: council action. The council shall !let hear the preliminary plat at their
next regular meeting following the planning commission recommendation. meeting. '.vitItin 9()
eays efthe date ell. whieh it 7/as heltfe by the eemmissieH. If the repert efthe eemmissieH has
Het Beef! reeebee ill. time te meet tlUs reEjllirement, the eellHeil may aet en the pfelimiHRFy plat
withem SIleh repert. The council shall make their recommendation within 60 days after the
applicant files a completed application unless the city notifies the applicant of an extension for
an additional 60 days or the aoolicant agrees to a continuance.
Amending tbe platting section to reflect tbe 60-day time limit.
500.61 Waiver of Plat. Subdivision 1. In certain circumstances a waiver of plat may be more
appropriate than a subdivision to divide a property. if the SlIbjeet preperty has BeeB plattee.
An applicant may apply for a waiver of plat if the following circumstances exist:
a) the let(s) in',ePlee ill. the pf-Elpesee di'lisien are plattee
e) the new lots created meet or exceed the existing conditions. that the Hew lets
ereatee eenform te all standltfes ef the apJlrepFiate distriet
Amending tbe waiver of plat section to allow non-platted property to be divided by a
waiver of plat,
That the Hopkins Zoning Ordinance No. 515-570 be, and the same is hereby amended
by, amending the following sections:
515.07 Definitions
Subd. 34. Comoleted aoolication. An aoolication for a zoning request that contains
the following: 1) submitted and completed all applicable application forms: 2) submittal of all
required supporting aoolication information: 3) submittal of all required fees.
A new definition to define wbat a completed application is for tbe 60-day time limit.
CR97-28
Page 3
520.13. Subd. 2. Location. Boundary line fences shall be located entirely upon the private
property of the person constructing or causing the construction of such fence unless the
owner of the property adjoining agrees, in writing, that such fence may be erected on the
division line of the respective properties. The zoning administrator bl:lildiRg effieial may
require the owner of the property upon which a fence now exists, or may require any applicant
for a fence pennit to cause to establish the boundary lines of his property by a survey thereof
to be made by any registered land surveyor.
Amending language because tbe building official does not issue fence permits.
525.07 Variances
525.07 Subd. 5. Action bv the board. The board shall forward its recommendation
-;litlUR @ days after the reEll:lest fer a vllfiElflee first aJlJleared eR the ageBda fer eeRsiseffitieR
1:If1less the llflJllieant files a request iR 'NHtiag with the Zemag fAministrater er a metieR is
made ifem the fleer fer a eeBtiRlianee. 50 days after the applicant has filed a completed
application for a variance unless the City notifies the applicant of an extension for an
additional 60 days or the aoolicant agrees to a continuance.
525.07 Subd. 6. Action bv the council. Upon receiving the recommendation of the
board or 'llithiR 13 9 days after the reEll:lest fer a ...arianee first llflJleared eR the Boare's &geRda
if no recommendation has been transmitted, the council shall place the request on its agenda
for the next regular meeting.
Amending tbe variance section to reflect tbe 60-day requirement.
525.09 Amendments.
525.09 Subd 3. Application. Petitieas Applications for amendments initiated by a
property owner shall be filed with the zoning administrator. When the application involves the
changing of zoning district and boundaries thereof, it shall be accompanied by a map or plat
showing the lands proposed to be changed and all lands within 350 feet of the boundaries of
the property proposed to be rezoned, together with the names and addresses of the owners of
the land in such area.
525.09 Subd. 5. Referral to commission. All completed applications JletitieRs for
amendments shall be referred to the commission which shall hold an official public hearing
within 50 6G days of the date from the receipt of a completed apolication. ef filiag sueil
Jletitiea
525.09 Subd. 7. Action bv the commission. If the request is for a district change,
notices shall be mailed to all owners of property within 350 feet of the parcel included in the
request, such ownership to be detennined by the listing in the files of the City assessor, not
less than five ten days Rer mere thaa 39 days prior to the hearing. Failure of the property
owner to receive notice shall not invalidate any such proceedings as set forth within this code.
CR97-28
Page 4
The commission shall make its recommendation to the council within 50 days after the
aoplicant has submitted a comoleted application 69 days after the re~est first appeared on the
agenda Dr within 69 days unless the applicant files a request in writing for an extension with
the Zoning Administrator or the City notifies the applicant of a 60-day extension period. a
metien is matle Kam the fleer fur a eeRtiffilllHse.
525.09 Subd. 8. Council Action. After a recommendation is forwarded to the City
Council from the commission. the item will be placed The sity slet'l[ shall feftw,dtfi plase the
matter on the council agenda for its next regular meeting, held at least Rye days after SliOO
fiIiag, at which time the council shall hear the item. aet ther-een. Notice of council action shall
be given to the applicant by the zoning administrator. The City Council will act on the item
within 60 days from the receipt of a completed apolication unless the City notifies the
applicant of a 60-day extension oeriod or the applicant agrees to a continuance.
Amending zoning ordinance amendment section to reflect 60 day rule,
525.13 Conditional Use Pennits.
525,13 Subd. 9. Commission recommendation. Within fifty (50) days following the
submission of a completed application for a conditional use pennit silfty (60) days folle'.ving
the pl:lblis hearing en an lIjlplielltien the Planning Commission shall forward a I'epeff
recommendation on the application to the City Council, and it shall recommend approval of
the application as submitted, approval of the application subject to certain modifications or
conditions therein, or disapproval of the application. The Commission's recommendation shall
be in resolution form stating said findings in support or opposition of the request as filed or
amended. Ifno action on an application is taken by the Planning Commission within fifty (50)
Silfty (69) days, and there has been no delay caused or requested by the applicant, or the City
has not notified the applicant the item will be continued for up to an additional 60 days, the
application shall be forwarded to the City Council without comment.
Amending conditional use permit section to reflect 60-day rule.
525.15 Board of Appeals.
525.15 Subd. 3. Appeals. The board shall hear and consider only appeals submitted in
writing from any action relative to this code taken by the City administrative staff, which
appeal shall be filed not later than 90 days from the date of such staff detennination. The
board shall make its findings an order thereon not later than 60 9G days from such appeal
unless the time is extended by written mutual agreement of the parties or the City notified the
applicant of a 60-day extension. Failure by the board to act within the time set forth above is
a detennination in favor of the applicant.
525.15 Subd. 4. Variances. The board shall hear and consider all requests for
variances and make recommendation in writing thereon to the council. All actions hereunder
shall be by resolution containing findings and recommendations and shall be made by the
CR97-28
Page 5
board not later than 50 W days from the date of the filing of the comoleted application
petitiell for any such variance unless said time is extended for an additional 60 days by
notification by the City or by mutual agreement in writing by all parties. Failure of the board
to act within the time set forth above is a referral thereon to the council without
recommendation.
Amending Board of Appeals section to reflect 60-day rule.
o What was the discussion at the zoning and planning meeting?
Ms. Anderson reviewed the proposed ordinance amendments. Ms. Anderson noted that most
of the changes being made to the ordinance are a result of recent legislation regarding the time
that cities have to make zoning decisions.
Alternatives.
1. Approve the zoning amendments. By approving the zoning amendments the zoning
ordinance and city code will be amended..
2. Deny the zoning amendments. By denying the zoning amendments, the zoning ordinance
and city code 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.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 97-15
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING VARIOUS ZONING AND CITY CODE AMENDMENTS
WHEREAS, an application for an amendment to the Zoning Ordinance, ZN97-l, has been made
by the City of Hopkins; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Ordinance Amendment ZN97-1 was made by the City of Hopkins
on December 27, 1996;
2. That the Hopkins Planning Commission, pursuant to published notice, held a public
hearing on the application and reviewed such application on January 28, 1997: all persons
present were given an opportunity to be heard;
3. That the written comments and analysis of the City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the zoning and city code amendments, application
ZN97-l, 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 4th day of March 1997.
Charles D. Redepenning, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 97-797
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND CITY CODE
That the Hopkins City Code No. 500 be, and the same is hereby amended by, amending
the following sections:
500.09 Preliminary plat: commission duties. The commission shall conduct the hearing on the
preliminary plat, make its report, findings and recommendation to the City Council within 50 days
from the filing of a completed application for a prelimiruuy olat unless the city notifies the
applicant of an extension for an additional 60 days or the applicant alp'ees to a continuance. eft-ef
befere tlte lIelR regalar meetiag ef til.e eelHleil fellewiag til.e piihlie heariag mtiess an elRellsiell is
gFIIBted, b\it iB lie e'.'eat later til.an 8& days ffem date efheariag.
500.11 Preliminwy plat: council action. The City Council shall aet hear the preliminary plat
proposal at their next regular meeting following the Planning Commission recommendation.
meetiBg. ....,ithill 9& days eftlte date ell whieil. it v..as ileare by tlte eemmissiell. If the reJlelt eftil.e
eemmissiell has lIet beeD reeei'.'ed iB time te meet til.is reEjliireRlellt, tlte eellBeil may aet ell til.e
pr-elimi1lllfY plat witil.ellt SHeil. report. The council shall act on the preliminwy plat within 60 days
after the applicant files a completed application unless the city notifies the applicant of an
extension for an additional 60 days or the aoolicant agrees to a continuance.
500.61 Waiver of Plat. Subdivision 1. In certain circumstances a waiver of plat may be more
appropriate than a subdivision to divide a property. if til.e Slibjeet propeFty has beeD platted. An
applicant may apply for a waiver of plat if the following circumstances exist:
a) the lot(~ illvolved ill tile prepesed di-Asiell are platted
e) the new lots created meet or exceed the existing conditions. that the 116'1'" lets ereated
eeaferm te all standares ef til.e apprepRate distFict
That the Hopkins Zoning Ordinance No. 515-570 be, and the same is hereby amended by,
amending the following sections:
515.07 Definitions
Subd. 34. Comoleted avolication. An application for a zoning reouest that contains the
following: 1) submitted and completed all applicable application fornis: 2) submittal of all required
supportinl! application information: 3) submittal of all required fees.
520.13. Subd. 2. Location. Boundary line fences shall be located entirely upon the private
property of the person constructing or causing the construction of such fence unless the owner of
the property adjoining agrees, in writing, that such fence may be erected on the division line of the
respective properties. The zoning administrator bl:likling e:!Beial may require the owner of the
property upon which a fence now exists, or may require any applicant for a fence pennit to cause
to establish the boundary lines of his property by a survey thereof to be made by any registered
land surveyor.
525.07 Variances
525.07 Subd. 5. Action by the board. The board shall forward its recommendation within
eO days after the reEJl:lest fer a varilHlee firnt llfIpellfes eft the &gellsa fer eeasiseFlltioft l:Inless the
iijlpliellflt Bles a r-eEJl:lest ift vlfiting with tile Zening Mministfltter or a metioft is made Kom the
floor fer a eelltml:llHlee. 50 days after the applicant has filed a completed application for a
variance unless the City notifies the applicant of an extension for an additional 60 days or the
applicant agrees to a continuance.
525.07 Subd. 6. Action by the council. Upon receiving the recommendation of the board
or 'ltithift 130 says after the reEJl:lest fer a yarilHlee Bfilt llfIJleareS eft tile beMs's agellE!a if no
recommendation has been transmitted, the council shall place the request on its agenda for the
next regular meeting.
525.09 Amendments.
525.09 Subd 3. Application. Petitieas Applications for amendments initiated by a
property owner shall be filed with the zoning administrator. When the application involves the
changing of zoning district and boundaries thereof, it shall be accompanied by a map or plat
showing the lands proposed to be changed and all lands within 350 feet of the boundaries ofthe
property proposed to be rezoned, together with the names and addresses of the owners of the
land in such area.
525.09 Subd. 5. Referral to commission. All completed applications petitions for
amendments shall be referred to the commission that shall hold an official public hearing within 50
6() days of the date from the receipt of a comoleted application. ef filing S1:IOO Jletitien
525.09 Subd. 7. Action by the commission. If the request is for a district change, notices
shall be mailed to all owners of property within 350 feet of the parcel included in the request, such
ownership to be detennined by the listing in the files of the City assessor, not less than five @
days nor more than 30 sayn prior to the hearing. Failure ofthe property owner to receive notice
shall not invalidate any such proceedings as set forth within this code. The commission shall
make its recommendation to the council within 50 days after the applicant has submitted a
comoleted application eO says after tile fllEJl:lest first llfIJllJllfeS Oft the ngeasa or witmn eO says
unless the applicant files a request in writing for an extension with the Zoning Administrator or
the City notifies the applicant of a 60-day extension period. a motioll is mase fFem the floor fer a
eeminHanee.
525.09 Subd. 8. Council Action. After a recommendation is forwarded to the City
Council from the commission, the item will be placed The eity eJerle shall. ferthwith plaee the
matter on the council agenda for its next regular meeting held at least iWe days after SHeh filing, at
which time the council shall hear the item. Ret ther-eon, Notice of council action shall be given to
the applicant by the zoning administrator. The City Council will act on the item within 60 days
from the receipt of a completed application unless the City notifies the applicant of a 60-day
extension period or the applicant agrees to a continuance.
525.13 Conditional Use Pennits.
525.13 Subd. 9. Commission recommendation. Within fifty (50) days following the
submission of a completed application for a conditional use pennit SHay (60) days folle,...<iHg the
pllblie hearing on an 3Jlplieation the Planning Commission shall forward a I'efleH recommendation
on the application to the City Council, and it shall recommend approval of the application as
submitted, approval of the application subject to certain modifications or conditions therein, or
disapproval of the application. The Commission's recommendation shall be in resolution form
stating said findings in support or opposition of the request as filed or amended. If no action on
an application is taken by the Planning Commission within fifty (50) sHay (6Q~ days, and there has
been no delay caused or requested by the applicant, or the City has not notified the aD?licant the
item will be continued for up to an additional 60 days, the application shall be forwarded to the
City Council without comment.
525.15 Board of Appeals.
525.15 Subd. 3. ADDeals. The board shall hear and consider only appeals submitted in
writing from any action relative to this code taken by the City administrative staff, which appeal
shall be filed not later than 90 days from the date of such staff detennination. The board shall
make its findings an order thereon not later than 60 9G days from such appeal unless the time is
extended by written mutual agreement of the parties or the Citv notified the applicant of a 60-day
extension. Failure by the board to act within the time set forth above is a detennination in favor
of the applicant.
525.15 Subd. 4. Variances. The board shall hear and consider all requests for variances
and make recommendation in writing thereon to the council. All actions hereunder shall be by
resolution containing findings and recommendations and shall be made by the board not later than
50 eG days from the date of the filing of the completed application petition for any such variance
unless said time is extended for an additional 60 days by notification by the City or by mutual
agreement in writing by all parties. Failure of the board to act within the time set forth above is a
referral thereon to the council without recommendation.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Teny Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
March 4, 1997
March 18, 1997
March 26, 1997
April 15, 1997
Charles D. Redepenning, Mayor ,
Date
City Attorney Signature