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CR 94-224 Zoning Amendments "\ y 0 \ (, -"" ~ . November 30, 1994 .y "" Council Report 94-224 o P K \ '" SUBDIVISION/ZONING AMENDMENTS Proposed Action. Staff recommends the following motion: Move to approve Resolution 94-100 approving Ordinance 94-747 which makes various amendments to the Zoning Ordinance, for first reading. At the Zoning and Planning meeting Mr. Hutchison moved and Mr. Day seconded a motion to approve Resolution RZ94-17 recommending approval of various zoning amendments. The motion carried unanimously. Overview. The attached amendments are various changes that the staff has complied to hopefully improve the Zoning Ordinance. There are no major changes to the Zoning Ordinance with the attached amendments. Most of the changes have to do with new or amended definitions. . The change that will have the most impact wi11 be that banners can not be erected as a permanent sign. Also, the businesses with existing banners that are erected permanently wi11 have two years to remove the banners and install a permanent sign. All the existing businesses that have banners will be notified of this change and the two year amortization. There are only a few businesses that have banner as a sign. Businesses within the downtown area are eligible for the sign grant program to replace the banner. Staff discussed the amendments with the Commission on October 25. The Commission had also reviewed the proposed amendments at the previous meeting. There was little discussion on the amendments. No one appeared at the public hearing regarding the amendments. Staff alos informed HBCA of the amendmante. No comments were made Primary Issues to Consider. 0 What are the changes to the ordinances? SUDDortin2 Documents. 0 Analysis of Issues 0 Resolution 94-100 0 Ordinance 94-747 e - - CR94-224 Page 2 . Primary Issues to Consider. 0 What are the changes to the ordinance? The following are the changes to the ordinance: New definition - Buffer area Subd. 19. Buffer area: a landscaped area intended to separate and partial1y obstruct the view of two adiacent land uses or properties from one another. New definition - Churches Subd. 27. Church or place of religious worship: an institution that people regularly attend to participate in or hold religious services, meetings. and other activities. The term ltchurchlt shall not carry secular connotation and shall include buildings in which religious services of any denomination are held. New definition - Non-conforming building Subd. 64. Non-conforming building: a building which lawfully existed prior to the adoption, revision or amendment of this ordinance, but now such building does not meet the . limitations on building size and/or location on a lot for the district in which such building is located Revised definition - Non-conforming use Subd. 65. Non-conforming use: use of land, buildings or structures '.vhich does not comply with the regulations of this code. a use or activity which lawfully existed prior to the adoption, revision, or amendment of this ordinance. but which fails by reason of such adoption, revision, or amendment to conform to the use district in which it is located. New definition - Setback Subd. 120. Setback:: the minimum distance from any lot line that an improvement may be placed, measured perpendicularly from the lot line to the closest point of the improvement. New definition - Setback line Subd. 121. Setback line: a line which is the specified setback distance from and parallel to any lot line. . CR94-224 Page 3 . New section added in the information section to be supplied for conditional use permits regarding the screening of trash containers. Section 525.13 Subd. 3. h) location of trash container, screening and type of material for screening of the trash container and pick-up plan; Staff is recommending deleting this because this section allows 3 story multiple dwelling and multiple dwellings. This has been confusing in the past on what is the difference between 3 story multiple dwellings and multiple dwellings. Section 530.05 3 story :MuItiple Dwelling multiple dwelling R-3 ~ Amended definition to clarify section 535.03 subd. 2. A) a 20 foot front yard setback for auto parking in which there shall be no auto parking. This 20 foot setback shall be landscaped with a permanent barrier between the . parking lot and the setback area. Adding a section to require screening for all projects requiring a conditional use permit for over $150,000 in construction. 555.16 Trash container screening. All conditional use permits under section 525.13 subd 2c are required to screen the trash container with an opaque material. New definition - Erect 570.01. Subd. 3. Erect: shall mean to build, construct attach, hang, place, suspend, or affix and shall also include the painting of wall signs. New definition - Sign - banner 570. 01. Subd. 7. Sign - banner: shall mean any sign intended to be hung either with or without frames, possessing character, letter, illustrations, or ornamentation's applied to paper, plastic. or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banner for the purpose of this section. . CR94-224 Page 4 Section added that prohibits banners that are erected permanently. . 570.25. Prohibited signs. The following types of signs are prohibited: f) banners that are erected permanently (for more than 30 days) Section added that will amortize the existing banners for a period of two years. 570.57. Subd. 5. Banners. All banners that are erected permanently and existing on January 17 , 1995 many continue in use for a period terminating on January 17, 1997. Alternatives 1. Approve the proposed amendments to the Zoning Ordinance. By approving the amendments, the Zoning Ordinance will be amended. 2. Deny the proposed amendment to the Zoning Ordinance. By denying the of the amendments, the Zoning Ordinance will not be amended. 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: 94-100 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AMENDMENTS TO THE ZONING ORDINANCE WHEREAS, an application for various amendments to the subdivision and zoning ordinance, ZN94-3, 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 amendments ZN94-3 was made by the City of Hopkins on September 30, 1994. 2. That the Hopkins Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on October 25, 1994: 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 application for ordinance amendment ZN94-3 is hereby approved based on the following Findings of Fact: 1. That to protect the health, safety and welfare of the residents, the zoning ordinance is amended. Adopted this 6th day of December, 1994. Charles D. Redepenning, Mayor ATTEST: James A. Genellie, City Clerk e - . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 94-747 AN ORDINANCE AMENDING THE ZONING ORDINANCE That the Hopkins Zoning Ordinance No. 515 be and the same is hereby amended by amending the following sections: Subd. 19. Buffer area: a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. Subd. 27. Church or place of religious worship: an institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry secular connotation and shall include buildings in which religious services of any denomination are held. Subd. 94. Nonconforming building: a building which lawfully existed prior to the adoption, revision or amendment of this ordinance, but now such building does not meet the limitations on building size and/or location on a lot, for the district in which such building is located . Subd. 95. Nonconforming use: a use or activity which lawfully existed prior to the adoption, revision, or amendment of this ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the use district in which it is located. Subd. 120. Setback: the minimum distance from any lot line that an improvement may be placed, measured perpendicularly from the lot line to the closest point of the improvement. Subd. 121. Setback line: a line which is the specified setback distance from and parallel to any lot line. That section 515 is renumbered. Section 525.13 Subd. 3. h) location of trash container, screening and type of material for screening of the trash container and pick-up plan; Section 530.05 delete the following: 3 story Multiple Dwelling e multiple dwelling R-3 P . 535.03 subd. 2. 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. 555.16 Trash container screening. All conditional use permits under section 525.13 subd 2c are required to screen the trash container with an opaque material. Section 570 Subd. 3. Erect: shall mean to build, construct, attach, hang, place, suspend, or affix and shall also include the painting of wall signs. Subd. 7. Sign - banner: shall mean any sign intended to be hung either with or without frames, possessing character, letter, illustrations, or ornamentation's applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banner for the purpose of this section. 570.25. Prohibited signs. The following types of signs are prohibited: f) banners that are erected permanently (for more than 30 days) 570.57 . Subd. 5. Banners. All banners that are erected permanently and existing on January 17, 1995 many continue in use for a period terminating on January 17, 1997. First Reading: December 6, 1994 Second Reading: December 20, 1994 Date of Publication: December 28, 1994 Date Ordinance Takes Effect: January 17, 1995 Charles D. Redepenning, Mayor ATTEST: James A. Genellie, City Clerk .