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V.1. 2024-04 Development Code Amendment - Miscellaneous House Keeping Matters CITY OF HOPKINS P&Z Report 2024-04 To: Planning and Zoning Commission Members From: Ryan Krzos, City Planner Firdows Mohammed, Planning Intern Date: July 23, 2024 Subject: Development Code Amendment – Miscellaneous House Keeping Matters _____________________________________________________________________ RECOMMENDED ACTION Following a public hearing, MOTION TO: Approve Planning & Zoning Resolution 2024-11 Recommending the City Council Approve an Ordinance Amending the Hopkins Development Code. OVERVIEW Since the Updated Development Code was approved in June 2022, Staff has monitored the code to identify areas for improvement so it can remain current and to prevent the need for such substantial revisions in the future. Accordingly, Staff is requesting a Development Code Text Amendment to improve clarity, address situations not covered, and adjust requirements to address issues brought up by the City Council, the Planning & Zoning Commission, and the community. The proposed Amendment addresses adult day care uses, entertainment uses, final plat procedures, front porch encroachment, half-story and backyard cottage roofs, home businesses, signage, tree replacement, twin homes, urban agriculture, and use percentages. Development Code Text Amendments are reviewed by the Planning & Zoning Commission, who is to provide a recommendation to the City Council. The Planning & Zoning Commission also must hold a public hearing on the request. Based on the findings in this report, staff recommends approval of the request. BACKGROUND In July 2022 the Hopkins City Council approved Ordinance 2022-1180 adopting the new Development Code for the City. The updated code replaced the City's prior Zoning Ordinance which was adopted in the late 1970s. In attempts to keep up with community changes, the former zoning code was amended numerous times which sometimes resulted in inconsistency with the rest of the City Code. The previous zoning ordinance also lacked more modern user-friendly language, graphics and review processes. Because of this, the City completed a comprehensive rewriting of the Zoning and Subdivision Code. Planning & Development The Development Code update, led by the team of James Duncan and Associates and Codametrics, was informed by substantial community engagement throughout the process. The updated code reflects the vision for Hopkins, as set forth in the Comprehensive Plan and through community conversations. It reflects a shift from the existing conventional zoning regulations to a modernized hybrid zoning code that introduces form-based planning principals that focus on the way new development fits into the existing context while providing more flexibility in the use of property. In the time since the Development Code update was adopted staff has identified areas in need of clarification, refinement, and/or correction. Those provisions are identified below: Proposed Changes Adult Day Care Uses - Sections 4 & 6 of the draft Ordinance 2024-1211 Creates a distinct classification for adult day care centers, which are state-licensed facilities designed to meet the health and social needs of older adults outside their residence during the day. Currently, adult day cares are grouped in the broader day care classification. By separating adult day care into a subcategory, their location may be allowed in additional zones, reflective of the differing characteristics versus childcare uses. Generally, adult day cares do not have the need for outdoor play area like child day care centers, and transportation is more coordinated typically through buses or shuttles. The zones that adult day care uses would be allowed are shown in the table below, and the zoning map is included as an attachment. Table 5-1. Principal Use Table ZONES Reference MX -TO D MX -D MX -N MX -S RX -TO D RX -D RX -N IX -TO D I- TO D IX -S I1 N1, N2 N3 -A N3 -B NX 1 NX 2 P1 P2 Day Care, Adult ● ◓ ● ● ◐ ◐ ◐ ◐ ● ● – – – – ○ ○ – ● Day Care, Small ● ◓ ● ● ◐ ◐ ◐ ◐ – – – ● ● ● ● ● – – Day Care, Large ● ◓ ● ● ◐ ◐ ◐ ◐ – – – – – – ○ ○ – – The sole difference between the proposed amendment and the current requirement is that adult day cares would be allowed in the P2, Public Institutional, the I-TOD, Industrial Transit-Oriented District (TOD) Center and the IX-S, IX-S, Employment Mix Suburban Center zones. The I-TOD and IX-S zone are generally more light-industrial in nature, however office uses are also allowed in these zones, which staff finds to be a comparable land use to adult day cares. Entertainment Uses - Section 7 of the draft Ordinance 2024-1211 Clarifies the threshold of general entertainment uses versus large entertainment venues. Currently in one section the code states entertainment uses over 25,000 square feet are considered Large Entertainment Venues, in a separate section the code states that entertainment uses over 10,000 square feet are classified as large entertainment venues. The proposed change would clarify that 25,000 square feet is the threshold for large entertainment venues. Final Plat Procedures - Section 21 of the draft Ordinance 2024-1211 Eliminates Planning and Zoning Commission review from the Final Plat procedure. The Planning and Zoning Commission would still review and hold a public hearing on preliminary plats. Final Plats are approval of the formal documentation of the subdivision and are not a reconsideration of the approval. In fact, a criterion of review of final plat is that said plat is consistent with the preliminary plat. Staff recommends this modification as it is consistent with the vast majority of peer communities, and that it avoids an undue impression that the final plat review process is discretionary. Front Porch Encroachment - Sections 2 & 3 of the draft Ordinance 2024-1211 Allows a porch to encroach into the front setback in the N zones up to five feet as was previously allowed under the former Zoning Code. The intent of the change is to address any non-conforming situations that arose with the change from the former code to the new code. Additionally, the revision allows for new porches on the fronts of homes which activates the front and allows for more eyes on the street. Half-Story and Backyard Cottage roofs - Sections 12 & 22 of the draft Ordinance 2024- 1211 Establishes a limit for how much a dormer is allowed within a half story. Specifically, Dormers on roofs on half stories are limited to no more than 50% of the facade length of the story below. The limitation is based on that which is allowed for the traditional building type in the mixed-use zones. The amendment would also stipulate that roofs for backyard cottages are to be similar in roof pitch to the principal structure, rather than an exact match as is currently required. Staff anticipates that both policies would make it easier to build an accessory dwelling unit in Hopkins. Home Businesses - Section 13 of the draft Ordinance 2024-1211 Eliminates the need to obtain a specific permit for a home business. The requirements for operation of such home businesses would not be changed. The City does not have particularly significant experience with problematic home businesses. As such, eliminating the permitting requirement facilitates the start-up of new businesses. Signage - Sections 16 through 18 of the draft Ordinance 2024-1211 Adds a ten-foot sign height limit for freestanding signs in the MX-S zones, which was previously not addressed. Also, language is added to define how total signage allowances can be allocated in multi-tenant buildings. In such cases, the property owner may allocate the allowable sign area among the tenants of a multi-tenant building. If the property owner does not allocate the sign area, the City may do so based on the proportion of floor area or tenant frontage occupied by each tenant. Lastly, the window signage placement requirements are modified to keep the middle third of storefront windows to remain open to facilitate visibility onto the street and activation of the insides of buildings from the street. Tree Replacement - Section 15 of the draft Ordinance 2024-1211 Simplifies the tree replacement methodology and creates heightened requirements for areas that were identified as areas of concern in the Hopkins Heat Vulnerability study. Under the current code, removal of significant trees (diameter more than 13 inch) must be replaced at a 3 to 1 ratio; and contributing trees (diameter between 6 and 13 inches) must be replaced at a 1 to 1 ratio. In comparing Hopkins’ policy with that of our peers the City is significantly more than those others studied. Additionally, a significant number of peers communities exempt noxious and invasive species from replacement requirements. Accordingly, the proposed amendment would clarify that Boxelder, Siberian Elm, Black Locust, Mulberry, a fruit tree species, or a tree that is defined as an invasive species by the Minnesota Department of Natural Resources are not considered significant or contributing trees to incentivize their removal (or non-replacement in the case of ornamental fruit trees). Contributing and Significant trees would require replacement on a 1 to 1 ratio; which aligns requirements with peer communities. In areas within 500 feet of Blake Road and Excelsior Boulevard, which are identified as having the highest relative surface temperature in the Hopkins Heat Vulnerability Study, significant trees would need to be replaced at the current 3 to 1 ratio. Increasing tree plantings is an action step identified in the study to reduce urban heat island in Hopkins and reduce impact on human health. As such, the proposed heightened requirement would facilitate this recommendation of the study and enhance tree planting in the areas in need. Twin Homes - Sections 1,2,19, & 24 of the draft Ordinance 2024-1211 Allows for a two-unit attached dwelling, known as a twin home, and was formerly allowed as a zero-lot line home in the prior Zoning Code. Twin homes would be allowed in the N3 zones where duplexes are also allowed, but no other N zones. Staff anticipates that the primary function of this provision would be to create separate ownership parcels for existing duplexes. However, it would also allow construction of new two-unit dwellings on separate ownership parcels. Provisions are included that address lot splits creating twin homes to ensure the Building Code is met and shared elements are maintained. Urban Agriculture - Sections 4,8,9,10, & 11 of the draft Ordinance 2024-1211 Staff recognizes that the Comprehensive Plan establishes goals related to providing community members of all income levels with physical and economic access to fresh and healthful food. The most recent USDA Food Access Research atlas shows that two census tracks in Hopkins qualify as proportionally low income and as having more than ½ mile from a supermarket. One of the two census tracks, shown in the dark beige in the map to the right relatively high number of households [312 of 2843 total households (11%)] without vehicles that are more than one-half mile from a supermarket. The current code allows urban agricultural uses as a subcategory of parks and open space uses. To take further steps to address food access issues, staff is proposing to refine locations for community gardens and more clearly articulate urban farms as an allowed use. Community Gardens: Creates a separate category for community gardens. By separating out community gardens they can be added to additional eligible zones, specifically N zones and the MX-TOD zone (See the table below for the permitted zones). This allows additional eligible sites in the areas identified in the Food Access Map as areas of concern. Community Gardens would be allowed as a principal use of a property or as an accessory use to residential, public or semi-public uses, such as parks, schools, community centers, or community assembly uses. Urban Farms: Defined as privately owned land used for the cultivation of plants with the purpose of selling food and/or flora. Urban Farms provide an opportunity to create access to fresh, healthy foods for residents, which addresses the occurrence of a food desert. Urban Farms also create opportunities for community members to operate local agricultural businesses. The proposed language would state that cannabis cultivation would not be considered an urban farm. Zones that Urban Farms would be permitted are shown in the table below. Table 5-1. Principal Use Table ZONES Reference MX -TO D MX -D MX -N MX -S RX -TO D RX -D RX -N IX -TO D I- TO D IX -S I1 N1 , N2 N3 -A N3 -B NX 1 NX 2 P1 P2 MANUFACTURING & INDUSTRY 102-550 Urban Farm – – – – – – – ● ● ● ● – – – – – ● – 102-580 (l) CIVIC & INSTITUTIONAL 102-560 Community Garden ● – ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (c) Community Garden and Urban Farm uses would be subject to supplemental use standards that are intended to minimize any impacts on adjacent properties, such as ensuring that compost and waste is stored properly, requiring that equipment and supplies are stored in an enclosed area, and prohibiting water/fertilizer from draining on adjoining property. Both community garden and urban farm uses would be prohibited from keeping animals. Use Percentages - Sections 5 & 23 of the draft Ordinance 2024-1211 Clarifies that percentage-based use regulations are enforced for multiple buildings on a parcel level rather than per individual building. Additionally, the change would state that for smaller buildings (under 6,000 square feet) such percentages do not apply as interior divisions with buildings that size are not generally practical or usable. Other Minor Changes - Sections 14,20, & 25 of the draft Ordinance 2024-1211 The revisions also include minor corrections that do not substantively change any policies - one to insert the references to the applicable screening measures around outdoor storage areas, another to correct a reference to the variance process for site plan review requests associated with a variance request, and lastly one to delete a duplicative definition of a lot. Community Engagement and Comment The Development Code Amendment procedure requires a public hearing. The City published notice of this public hearing in the official paper. As of the writing of this report, the City has not received any comments on this item. Staff will provide an update to the Planning and Zoning Commission on all public comments received during the public hearing. ANALYSIS In making recommendations and decisions regarding approval of a Development Code text amendment, the City must consider at least the following factors: (1) Whether the proposed Development Code text amendment is in conformity with the comprehensive plan; and (2) Whether the proposed Development Code text amendment corrects an error or inconsistency or will help meet the challenge of a changed or changing condition. Staff evaluated the Development Code text amendment request against the two stated criteria and offers findings summarized in an attachment to this report. Staff finds that the applicable criteria for Development Code Text amendments have been met. Legal Authority Decisions on Development Code Text Amendments are considered a legislative action. When considering a legislative action, the City is creating development standards to regulate the types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, these regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety, and welfare. ALTERNATIVES 1. Vote to approve P&Z Resolution 2024-11 recommending that the City Council approve the proposed Development Code text amendment. By voting to recommend approval, consideration of a first reading of the Ordinance will be scheduled for the August 20, 2024 City Council meeting. A second reading of the Ordinance is required for adoption. 2. Vote to recommend denial or modification of the Development Code Text Amendment request. The Ordinance would be scheduled for consideration of a first reading by the City Council at the August 20, 2024 meeting with a recommendation to deny or modify. Should the Planning and Zoning Commission consider this option, it must also identify specific findings that support this alternative. 3. Continue for further information. If the City finds that further information is needed, the item may be continued. SUPPORTING INFORMATION • P&Z Resolution 2024-11 • Proposed Development Code Text Amendment Ordinance • Text Amendment Summary and Evaluation Matrix • Zoning Map Proposed Amendment Criteria 1: Conformity with the Comprehensive Plan Criteria 2: Corrects an error or inconsistency or will help meet the challenge of a changed or changing condition Comp Plan Goal(s) Comp Plan Policy(s) Adult Day Care Uses Creates a distinct classification for adult day care centers. Allows their location in additional zones, reflective of the differing characteristics versus childcare uses. Land Use #3: Maintain and diversify the city’s strong employment base. Quality of Life #1: Support the vision of a community where everyone has access to the resources and opportunities to live healthy, active lives. Economic Competitiveness #4: Promote economic equity in Hopkins, to benefit residents regardless of identity or background. Land Use #3: Encourage development of living wage jobs, especially in the Center and District future land use categories that parallel the railroad corridor or other areas in close proximity to transit. Quality of Life #1: Assist adults and kids in maintaining healthy, active lifestyles by providing a range of recreational facilities and programming that are accessible and convenient. Economic Competitiveness #4: Encourage the availability of a full range of services for children, youth, and seniors in the community. Corrects an inconsistency that adult day care and child day cares are treated in the same manner despite have some distinction in terms of space and transportation needs. Meets the challenge of providing support and services for the aging population. Entertainment Uses Clarifies the threshold of general entertainment uses versus large entertainment venues. Land Use #3: Maintain and diversify the city’s strong employment base through investments in designated mixed use centers and employment districts. Land Use #6: Create appropriate transitions between areas of the city where there are potential incompatibilities in land use or scale. Land Use #3: Support small local businesses, particularly in the Centers future land use categories as defined and designated in the comprehensive plan. Land Use #3: Encourage larger employers that draw employees from across the region to be in the most regionally accessible locations. Land Use #6: Carefully manage vehicular access and parking to minimize its impact on individual developments, Corrects an inconsistency in the definitions of general entertainment uses. the public realm, and the overall fabric of the community. Final Plat Procedures Eliminates the requirement that the Planning and Zoning Commission review final plats. P&Z would still review preliminary plats. Final Plats are generally merely approval of formal documentation of the subdivision. Sense of Community #1: Support a strong, connected, inclusive vision of community that provides opportunities for everyone to participate in public events and processes. Sense of Community #1: Establish and implement strong standards for community engagement on all City projects Corrects an inconsistency of having the Commission review a matter that has limited discretion. Front Porch Encroachment Allows a porch to encroach in the front setback in the N zones up to 5 five (20 ft from the property line) as was previously allowed. Land Use #4: Support and strengthen the city’s residential areas with reinvestment and appropriate infill. Land Use #5: Reinforce Hopkins’ unique identity and sense of community through high quality urban design. Housing #4: Maintain the quality, safety, and character of existing housing stock. Land Use #4: Promote maintenance and reinvestment of existing residential land uses that have experienced deferred maintenance, deteriorating property values, high vacancy rates, or have reuse opportunities. Land Use #5: Reinforce the distinctive characteristics of Downtown and existing neighborhoods by encouraging developments that are compatible in design and supportive within their context. Corrects an inconsistency between the updated Development Code and the former Zoning Code, with the current being more restrictive than the former, resulting in nonconforming structures. Also allows for more street level activation and eyes on the street. Half-Story and Backyard Cottage Roofs Establishes a limit for how much a dormer is allowed within a half story. Also allows roofs for backyard cottages to be similar in roof pitch to the principal structure, rather than an exact match. Land Use #4: Support and strengthen the city’s residential areas with reinvestment and appropriate infill. Land Use #5: Reinforce Hopkins’ unique identity and sense of community through high quality urban design. Housing #4: Maintain the quality, safety, and character of existing housing stock. Land Use #4: Promote maintenance and reinvestment of existing residential land uses that have experienced deferred maintenance, deteriorating property values, high vacancy rates, or have reuse opportunities. Land Use #5: Reinforce the distinctive characteristics of Downtown and existing neighborhoods by encouraging developments that are compatible in design and supportive within their context. The modifications are meant to facilitate the creation of accessory dwelling units specifically and to allow for residential additions generally. Home Businesses Eliminates the need to obtain a specific permit for a home business. Maintains the requirements to operate said businesses. Economic Competitiveness #2: Support a healthy, diverse mix of businesses in Hopkins. Economic Competitiveness #3: Encourage businesses in Hopkins to hire locally, particularly in populations that are underemployed, to support the ability for people to live near where they work. Facilitates the creation of businesses by Hopkins residents. Signage Adds a sign height limit for freestanding signs in the MX-S zones, previously missing. Allows defines signage allocations in multi-tenant buildings. Lastly, it requires eye level transparency by not allowing window signs to cover parts of storefront windows. Land Use #5: Reinforce Hopkins’ unique identity and sense of community through high quality urban design. Land Use #5: Reinforce the distinctive characteristics of Downtown and existing neighborhoods by encouraging developments that are compatible in design and supportive within their context. A sign height for maximum for freestanding standing signs in the MX-S zones was erroneously omitted. Addresses a challenge in allocating signage in multitenant buildings, and seeks the balance the tension between allowing for businesses to advertise while also allowing for street level activity. Tree Replacement Simplifies the tree replacement methodology and creates heightens requirements for areas that were identified as areas of concern in the heat vulnerability study. Sustainability and Natural Resources #7: Maintain and increase the urban tree canopy to provide benefits to the community Sustainability and Natural Resources #7: Determine high priority planting areas and foster tree planting initiatives through local partnerships. Sustainability and Natural Resources #7: Support greater species diversity in Hopkins, based on recommended tree species suitable for Hopkins’ urban microclimate. Sustainability and Natural Resources #7: Pursue heightened landscape requirements for new parking and streetscape projects or updates, as appropriate. Addresses an inconsistency between Hopkins’ requirements and that of our peers. Also meets the challenge of increase urban heat effect by heighten requirements in areas of concern. Twin Homes Allows for twin homes, as was previously allowed, which is defined as two 1-unit attached buildings. Also creates the requirement in creating twin home lots to ensure building code is met Land Use #4: Support and strengthen the city’s residential areas with reinvestment and appropriate infill. Land Use #4: Consider methods to alleviate development pressure and affordability challenges in low density residential neighborhoods, particularly in Intended to address the challenge to provide ownership opportunities in lower density neighborhoods. and shared elements are maintained. the Traditional Neighborhood future land use category. Urban Agriculture Creates use sperate categories for urban farms and community gardens, which are currently grouped with parks. Quality of Life Goal #1: Support the vision of a community where everyone has access to the resources and opportunities needed to live healthy, active lives. Sense of Community Goal #1: Support a strong, connected, inclusive vision of community that provides opportunities for everyone to participate in public events and processes. Quality of Life Goal 1: Support the goal that adults and children of all income levels have physical and economic access to fresh and healthful food and have opportunities to learn about nutritious eating and food safety. Quality of Life Goal 1: Assist adults and kids in maintaining healthy, active lifestyles by providing a range of recreational facilities and programming that are accessible and convenient. Sense of Community Goal 1: Maintain a system of public places and facilities which strengthen community livability and support social interaction and recreation. Meets the challenge of providing the community access to local, healthy food, by allowing residents to grow and produce their own foods, while creating a place for social interactions and community gatherings. Additionally creates business opportunities in locally produced food. Use Percentages Clarifies how percentage-based use regulations are enforced for multiple buildings on a parcel, and for smaller buildings where interior divisions are not practical. Lands Use #3: Maintain and diversify the city’s strong employment base. Land Use #3: Support small local businesses, particularly in the Centers future land use categories as defined and designated in the comprehensive plan. Address the challenge of sites with multiple buildings and in making use of smaller buildings in zones with uses that are limited in area percentages. CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA PLANNING & ZONING COMMISSION RESOLUTION NO. 2024-11 A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE RELATED TO MISCELLANEOUS PROVISIONS WHEREAS, the Hopkins Development Code is intended to establish the development standards to implement the community vision and enact the vision, goals and policies of the 2040 Comprehensive Plan – Cultivate Hopkins; and WHEREAS, in the two years since approval of Ordinance 2022-1180, which repealed and replaced the former Zoning and Subdivision Ordinances with an updated Development Code, staff has identified certain areas within said Development Code in need of refinement, modification, and clarification; and WHEREAS, staff is requesting a Development Code Text Amendment to address adult day care uses, entertainment uses, final plat procedures, front porch encroachment, half-story and backyard cottage roofs, home businesses, signage, tree replacement, twin homes, urban agriculture, and use percentages; and WHEREAS, the procedural history of the Development Code Text Amendment is as follows: 1. That the above stated Development Code Text Amendment was initiated by the City; and, 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on July 23, 2024 and all persons present were given an opportunity to be heard; and, 3. That written comments and analysis of City staff were considered; and, WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the Planning & Zoning Report 2024-04 dated July 23, 2024. NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the City of Hopkins hereby recommends the City Council of the City of Hopkins approve an ordinance amending the Hopkins Development Code related to miscellaneous provisions. Adopted this 23rd day of July 2024. __________________________________ Whitney Terrill, Chair CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORIDNANCE 2024-1211 AN ORDINANCE AMENDING CHAPTER 102 OF THE HOPKINS CITY CODE RELATED TO MISCELLANEOUS PROVISIONS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part III, Chapter 102, Article 2, Subsubsection 102- 260(a), is hereby amended by adding the double-underlined language as follows: 102-260 (a) DESCRIPTION A traditional house is a residential building, other than a manufactured housing unit or mobile home, that is located on a single lot, or on two lots in the case of a twin home dwelling, not occupied by other principal buildings and includes characteristics of traditional house design. SECTION 2. Hopkins City Code, Part III, Chapter 102, Article 2, Subsection 102-260(c), is hereby amended by adding the double-underlined language as follows: Zones N3-A N3-B Additional/References 120-260 (c) BUILDING SITING. See Figure 260-A ❶ Lot Area 6,400 s.f. min. 5,000 s.f. min. Lots containing a dwelling unit as part of a twin home dwelling shall have a minimum of one-half of the minimum lot area and lot width. ❷ Lot Width 50 ft. 40 ft. ❸ Building Width 20 ft. min. 65 ft. max. 20 ft min. 55 ft. max. ❹ Front Street Setback 25 ft. min. 25 ft. min. Contextual front and side setback regulations apply. See 102-1620 (f) for allowed encroachments into setbacks. Porches may extend into the required front street setback no more by a distance no more than five feet. ❺ Side Street Setback 8 ft. min. 8 ft. min. ❻ Side Setback 5 ft. min. 5 ft. min. ❼ Rear Setback 25 ft. min. 25 ft. min. ❽ Building Coverage Overall Impervious Coverage Additional Semi-Pervious Area 35% max. 55% max. +10% additional 45% max. 55% max. +10% additional SECTION 3. Hopkins City Code, Part III, Chapter 102, Article 2, Subsection 102-250(c), is hereby amended by adding the double-underlined language as follows: Zones N1 N2-A N2-B Additional/References 120-250 (c) BUILDING SITING. See Figure 250-A ❶ Lot Area 40,000 s.f. min. 10,000 s.f. min. 8,000 s.f. min. ❷ Lot Width 140 ft. 80 ft. 60 ft. ❸ Building Width 20 ft. min. 20 ft min. 20 ft min. ❹ Front Street Setback 35 ft. min. 35 ft. min. 30 ft. min. Contextual front and side setback regulations apply. See 102-1620 (f) for allowed encroachments into setbacks. Porches may extend into the required front street setback no more by a distance no more than five feet. ❺ Side Street Setback 25 ft. min. 15 ft. min. 10 ft. min. ❻ Side Setback 15 ft. min. 8 ft. min. 6 ft. min. ❼ Rear Setback 40 ft. min. 30 ft. min. 30 ft. min. ❽ Building Coverage Overall Impervious Coverage Additional Semi- Pervious Area 35% max. 55% max. +10% additional 35% max. 55% max. +10% additional 35% max. 55% max. +10% additional SECTION 4. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-510(a) Table 5-1 is hereby amended by deleting the struck-through language and adding the double-underlined language as follows: Table 5-1. Principal Use Table ZONES Reference MX -TO D MX -D MX -N MX -S RX -TO D RX -D RX -N IX -TO D I- TO D IX -S I1 N1, N2 N3 -A N3 -B NX 1 NX 2 P1 P2 RESIDENTIAL 102-530 Household Living, 1 unit ◓ ◓ ◓ ◓ ● ● ● – – – – ● ● ● ● ● – – Household Living, 2 units ◓ ◓ ◓ ◓ ● ● ● – – – – – ● ● ● ● – – Household Living, 3–4 units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ● ● – – Household Living, 5+ units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – ● – – Manufactured Home Park – – – – – – – – – – – – ○ ○ ○ ○ – – Group Living (except as below) ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ○ ○ – – Residential Facility, Small ● ● ● ● ● ● ● – – – – ● ● ● ● ● – – 102-580 (h)(g) Residential Facility, Large ○ ○ ○ ○ ○ ○ ○ – – – – – – – ○ ○ – – 102-580 (h)(g) COMMERCIAL 102-540 Adult-Oriented Business – – – ● – – – – – ● ● – – – – – – – Animal Boarding – – – – – – – ● ● ● ● – – – – – – – Consumer Service ● ● ● ● ◐ ◐ ◐ ◐ ● ● ● – – – – – – ◐ Day Care, Adult ● ◓ ● ● ◐ ◐ ◐ ◐ ● ● – – – – ○ ○ – ● Day Care, Small ● ◓ ● ● ◐ ◐ ◐ ◐ – – – ● ● ● ● ● – – Day Care, Large ● ◓ ● ● ◐ ◐ ◐ ◐ – – – – – – ○ ○ – – Entertainment Venue, Large – – – ● – ● – ● – ● – – – – – – ○ ● Funeral & Mortuary Service – – – – – – – – – – – – – – – – – – Lodging (except as below) ● ◓ ◓ ● ● ● ● – – ● – – – – – – – – Short-Term Rental ◓ ◓ ◓ ◓ ● ● ● – – – – ○ ○ ○ ○ ○ – – 102-580 (h)(i) Office ◑ ◑ ● ● ● ● ● ● ● ● ● – – – – – – – 102-580 (d)(c) Personal Credit Establishment ○ – – ○ – – – – – – – – – – – – – – 102-580 (g)(f) Retail & Entertainment (except as below) ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – ◐ Brewpub – ● ● ● – ◐ ◐ – – – – – – – – – – – 102-580 (a) Firearms Sales Establishment – – – ○ – – – – – – – – – – – – – – 102-580 (b) Liquor Sales, Off-Sale ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (e)(d) Tobacco Sales Establishment ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (j)(k) Self-Service Storage – – – – – – – ○ – – ○ – – – – – – – 102-580 (l)(h) Vehicle Sales & Service (except as below) – – – ○ – – – – ○ ○ ○ – – – – – – – 102-580 (n)(l) Major Vehicle Repair & Maintenance – – – – – – – – ○ ○ – – – – – – – 102-580 (n)(l) MANUFACTURING & INDUSTRY 102-550 Manufacturing, Artisan ● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – – Manufacturing, Limited – – – – – – – ● ● ● ● – – – – – – – High-Impact Industry – – – – – – – – – – ● – – – – – – – Urban Farm – – – – – – – ● ● ● ● – – – – – ● – 102-580 (l) Warehousing & Distribution – – – – – – – – ● ● ● – – – – – – – CIVIC & INSTITUTIONAL 102-560 College ◓ ◓ ◓ ◓ ● ● ● ● – – – – – – – – – ● Community Assembly ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○ Cultural Facility ● ● ● ● ● ● ● ● ● ● – – – – – – ● ● Community Garden ● – ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (c) Detention or Correctional Facility – – – – – – – – – – – – – – – – – ○ Hospital – – – – ○ ○ – – – – – – – – – – – ● Parks and Open Space – – ● ● ● ● ● ● ● ● ● ○ – – – – ● ● 102-580 (f)(e) School ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○ Utilities & Services, Minor ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (m)(k) Utilities & Services, Major ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 102-580 (m)(k) OTHER 102-570 Wireless Communication Facility 102-580 (o)(m) Tower – – – – – – – – – – ○ – – – – – – – 102-580 (o)(m) KEY: ● = Permitted ◓ = Permitted in Upper Stories Only ◐ = Limited to No More than 25% of Footprint Building Area ◑ = Limited on first floor to buildings on the interior of a block see 102-580 (d)(c) ○ = Requires Conditional Use Approval – = Prohibited SECTION 5. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-510(b)(4) relating to interpretation of the use table, is hereby amended by deleting the struck- through language and adding the double-underlined language as follows: (4) Permitted in Limited Portion of Building AreaFootprint. Uses identified with a “◐“ are permitted as-of-right in the subject zone but such use may not occupy more than 25% of the building areafootprint. Uses identified with a “◑” are permitted as-of-right in the subject zone but such uses is limited on first floor to buildings on the interior of a block per 102-580 (c). SECTION 6. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-540(d) is hereby amended by deleting the struck-through language and adding the double- underlined language as follows: 102-540 (d) DAY CARE (1) Description. The day care use category includes establishments licensed by the state that provide nonmedical care to children or aged, infirm, or disabled adults for only part of a day, typically during normal working hours. Examples include adult day care centers, group family day care facilities, child care centers, and similar use types. a. Adult Day Care. A state-licensed center-based facility that provides adult day services to adults who have functional impairments on a regular basis for periods of fewer than 24 hours during the day in a setting that is not a residence b. a. Day Care, Small. A state-licensed day care facility serving 12 or fewer persons or a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children. c. b. Day Care, Large. All day care uses that do not meet the definition of a small day care or adult day care. SECTION 7. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-540(j)(c) relating to Entertainment Uses, is hereby amended by deleting the struck-through language and adding the double-underlined language as follows: c. Entertainment, General. Establishments that provide gathering places for participant or spectator entertainment and that have no more than 25,000 square feet of total gross floor area. Typical general entertainment uses include cinemas, theaters, bowling centers, and experienced-based entertainment establishments. 1. Experience-based Entertainment Establishment. An establishment offering group or team-based entertainment activities such as axe throwing, escape rooms, cooking or painting classes, and arts and crafts workshops. Does not include bingo or other forms of charitable gambling, live music venues, karaoke, arcade or video game centers, hookah lounges, art galleries, spas, oxygen bars, event centers, or adult-oriented businesses. 2. Exceptions. Entertainment-related uses with more than 10,000 25,000 square feet of total gross floor area are classified as "large entertainment venues" (see 102-540 (e)). Senior centers, community centers, religious institutions and similar facilities are classified as "community assembly" uses (see 102-560 (b)). SECTION 8. Hopkins City Code, Part III, Chapter 102, Article 5, Section 102-550 is hereby amended by renumbering subsection (d) to subsection (e) and adding a new subsection (d) with the double-underlined language as follows: 102-550 (d) URBAN FARM (1) Description. Privately owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs, by an individual, organization, or business with the primary purpose of growing flora and/or food for sale or donation. Urban Farms include, outdoor growing operations, indoor growing operations, greenhouses, vertical farms, aquaponics, aquaculture, hydroponics, and rooftop farms, but does not include cannabis cultivation. Retail sales of products cultivated on site is permitted as an accessory use. SECTION 9. Hopkins City Code, Part III, Chapter 102, Article 5, Section 102-550 is hereby amended by renumbering subsections (c) through (h) to subsections (d) to (i) and adding a new subsection (c) with the double-underlined language as follows: 102-560 (c) COMMUNITY GARDEN (1) Description. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be principal uses or accessory to other residential, public or semi-public uses, such as parks, schools, community centers, or community assembly uses. This classification does not include gardens that are accessory to residential uses when access is limited to those who reside on the subject property. Sales of products produced in association with a community garden is permitted as an accessory use in zones in which retail sales & entertainment uses are allowed. SECTION 10. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-560(f) is hereby amended by deleting the struck-through language and adding the double- underlined language as follows: 102-560 (f) PARKS & OPEN SPACE (1) Description. The parks and open space use category includes recreational, social, or multi-purpose uses associated with public parks, public open spaces, public play fields, public or private golf courses, or other outdoor open space or recreation areas. It also includes urban agriculture uses, such as community gardens, outdoor urban farms and beekeeping. The parks and open space use category includes the following subcategories: a. Cemetery. Land or structures used for burial or permanent storage of the dead or their cremated remains. Typical uses include cemeteries and mausoleums. Also includes pet cemeteries. b. Community Garden. An area of land managed and maintained by a public or non- profit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be principal uses or accessory to other public or semi-public uses, such as parks, schools, community centers, or community assembly uses. This classification does not include gardens that are accessory to residential uses when access is limited to those who reside on the subject property. Sales of products produced in association with a community garden is permitted as an accessory use in zones in which retail sales & entertainment uses are allowed. b.c. Natural Resource Preservation. Undeveloped land left in a natural state for specific use as visual open space or environmental purposes. Typical uses include wildlife or nature preserves, arboretums, flood management projects and reservoirs. c.d. Parks and Recreation. Parks, playgrounds, recreation facilities, and related open spaces that are open to the general public. This subcategory also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, boat docks, and golf courses, as well as related food concessions or clubhouses within a principal structure or in an accessory structure on the same site. SECTION 11. Hopkins City Code, Part III, Chapter 102, Article 5, Subsection 102-580 hereby amended by adding new subsections (c) and (l) with the double-underlined language as follows, and renumbering the remaining subsections alphanumerically: 102-580 (c) COMMUNITY GARDENS Community gardens are subject to the following supplemental regulations: (1) Keeping of animals is prohibited except as allowed in Section 6-30 of the City Code. (2) The use shall not be located in a required side or a required rear yard not abutting an improved alley when such side or rear is abutting a property in the N zones. (3) Prior to establishment, the property owner and/or garden manager shall ensure that community members have adequate access to water for the purpose of maintaining their plot(s) (4) Compost and waste material must be properly stored away to prevent the spread of odor and/or pollution (5) The site must comply with ADA design standards for accessible entrance routes and accessible routes between different components of the garden (6) Tools, equipment and supplies shall be stored in an enclosed storage building/container. (7) The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property. 102-580 (l) URBAN FARMS Urban farms are subject to the following supplemental regulations: (1) Keeping of animals is prohibited. (2) The use shall not be located in a required side or a required rear yard not abutting an improved alley when such side or rear is abutting a property in the N zones. (3) Tools, equipment and supplies shall be stored in an enclosed storage building/container. (4) Compost and waste material must be properly stored away to prevent the spread of odor and/or pollution (5) The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property SECTION 12. Hopkins City Code, Part III, Chapter 102, Article 6, Subsection 102-620(l) relating to Backyard Cottages, is hereby amended by deleting the struck-through language and adding the double-underlined language as follows: 102-620 (l) DESIGN The design regulations of this subsection apply to all newly constructed backyard cottages. (1) Exterior Finish Materials. The exterior finish material must be the same or visually match in type, size and placement, the exterior finish material of the principal building on the lot. (2) Roof Pitch. The roof pitch must be the same substantially similar as the predominant roof pitch of the principal building on the lot. (3) Trim. Type, size and location of trim elements must be the same or visually match those of the principal building on the lot. (4) Entrances. Entrances to backyard cottages may not face the nearest side or rear lot line of the subject lot unless there is an alley abutting that lot line. SECTION 13. Hopkins City Code, Part III, Chapter 102, Article 6, Subsection 102-650(h) relating to home-based businesses, is hereby amended by deleting the struck-through language as follows: 102-650 (h) HOME-BASED BUSINESSES Home-based businesses are allowed as an accessory use to a principal use in the household living use category only upon approval of a home occupation permit. Home-based businesses are subject to the following regulations. (1) Home-based businesses require approval of a home occupation permit. Home occupation permits may be revoked for uncorrected violations of applicable regulations. (2) Home-based businesses must be accessory and subordinate to the principal residential use of the property and may not occupy more than 49% of the gross floor area of the principal building, whether the home-based business is located in the principal residential building, an accessory building, or both. (3) At least one individual engaged in the home-based business must reside in the dwelling unit in which the home-based business is located as their primary place of residence. (4) Customers or clients may visit the site only from 8:00 a.m. to 8:00 p.m. No more than 2 clients or customers may be present at any one time, except that up to 3 students may be present at one time in a teaching-related home occupation (e.g., tutor or music/dance instructor). (5) A maximum of 2 nonresident employees are allowed with a home-based business if the business does not serve customers or clients on site. Home-based businesses that serve customers or clients on site may not have nonresident employees. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home-based business, who does not live at the site, but who visits the site as part of the home-based business. (6) Face-to-face or walk-in retail sales activities are prohibited as a principal home- based business activity. Any face-to-face or walk-in retail sales of goods must be entirely accessory to any services provided on the site. This retail sales restriction is not intended to prohibit on-line retail sales. (7) Home-based businesses that change the physical form of the residential building they occupy or that adversely affect the surrounding neighborhood are prohibited. Home-based businesses may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood. Home-based businesses must be operated so as not to create or cause a nuisance. (8) External structural alterations or site improvements that change the physical residential form of the lot upon which a home-based business is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting, the addition of a separate building entrance that is visible from abutting streets or the exterior display of signs. (9) Any tools or equipment used as part of a home-based business must be operated in a manner or soundproofed so as not to be audible beyond the lot lines of the subject property. (10) Home-based businesses and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory structure. (11) Deliveries or pickups of supplies or products associated with a home office are allowed only between 8:00 a.m. and 8:00 p.m. Vehicles used for delivery and pickup are limited to those normally serving residential neighborhoods. (12) No more than one home-based business is allowed on a single property, and a home-based business may not be conducted on a lot occupied by an accessory dwelling unit. SECTION 14. Hopkins City Code, Part III, Chapter 102, Article 6, Subsection 102-6180, is hereby amended by adding the double-underlined language as follows: 102-6180 Outdoor Storage Areas 102-6180 (a) DESCRIPTION The regulations of this section govern the outdoor storage of goods that are not typically stored or sold indoors. 102-6180 (b) GENERAL REGULATIONS The following regulations apply to all outdoor storage areas: (1) Outdoor storage areas are subject to all applicable setback regulations that apply to the principal building unless otherwise expressly stated in this code. (2) Outdoor storage areas count toward maximum building coverage limitations. (3) All materials or wastes stored outdoors that cause fumes or dust or that constitute a fire hazard or that may be (4) All outdoor storage areas must be enclosed by a durable, permanent fence that is at least 6 feet in height and maintained to prevent any unauthorized access. Such storage area must be screened from view of streets and neighborhood zones in accordance with the buffer and screening regulations of Sections 102-8110 & 102- 8120. SECTION 15. Hopkins City Code, Part III, Chapter 102, Article 8, Subsections 102-840 (c) through (f) are hereby amended by deleting the struck-through language and adding the double-underlined language as follows: 102-840 (c) SIGNIFICANT AND CONTRIBUTING TREES Trees of significant size, type, or meaning must be retained on the site, unless otherwise determined by the municipal arborist replaced in accordance with this section. (1) Definitions. a. Significant tree. A significant tree is one of the following: 1. a. Any A tree with a diameter at breast height of 13 inches or more. 2. b. A grove of trees totaling 13 inches and as determined by the municipal arborist. 3. c. Any specific tree type designated significant by the municipal arborist, based upon the tree’s age, species, health, meaning within the community, and/ or historical importance. 4. Aspen, Cottonwood, or Silver Maple are considered significant if they are at least 20 inches in diameter. b. Contributing trees are existing trees that are not significant trees, measuring greater than 6 inches, contributing to the City’s overall tree canopy cover. c. Boxelder, Siberian Elm, Black Locust, Mulberry, a fruit tree species, or a tree that is defined as an invasive species by the Minnesota Department of Natural Resources are not considered significant or contributing trees. (2) Removal of Significant and Contributing Trees. A significant or contributing tree may be removed with approval of the municipal arborist under the following conditions: a. The tree is in poor health or diseased with an expected life span less than 2 years. b. The tree poses a danger to human safety, health and welfare. c. If approved by the municipal arborist, the removal is mitigated by one of the following: 1. Planting of replacement trees per the following: i. Trees with a total of caliper inches equal to 3 times the diameter of the removed significant and contributing tree(s), or planted on the site or a site approved by the municipal arborist and the zoning administrator. ii. Trees with a total of caliper inches equal to three times the diameter of the removed significant trees and equal to the diameter of removed contributing trees if the site is located within 500 feet of Blake Road and Excelsior Boulevard, identified as having the highest relative surface temperature in the Hopkins Heat Vulnerability Study. 2. When planting of replacement trees is determined impracticable by the municipal arborist and the zoning administrator, a fee in-lieu of replacement trees will be assessed and paid into the City’s Tree Planting Fund in accordance with the City’s fee schedule. The fee must include a cost per diameter inch of tree not replaced. 3. A combination of replacement trees and fee-in-lieu per this subsection. 4. Replacement trees may be planted on the site or a site approved by the municipal arborist and the zoning administrator. 102-840 (d) CONTRIBUTING TREES Contributing trees are existing trees that are not significant trees, measuring greater than 6 inches, contributing to the City’s overall tree canopy cover. (1) Removal of Contributing Trees. A contributing tree may be removed under the following conditions: a. The tree is in poor health or diseased with an expected life span less than 2 years. b. The tree poses a danger to human safety, health and welfare. c. The removal is mitigated by one of the following: 1. Trees with a total of caliper inches equal to the diameter of the removed trees planted on the site or a site approved by the municipal arborist and the zoning administrator. 2. A fee in-lieu of replacement trees is assessed and paid into the City’s Tree Planting Fund in accordance with the City’s fee schedule. The fee must include a cost per diameter inch of tree not replaced. 3. A combination of replacement trees and fee-in-lieu per this subsection. 102-840 (d)(e) TREE PROTECTION DURING CONSTRUCTION During construction, all available precautions must be undertaken to prevent damage to existing trees, 6” in diameter or larger, to be retained on the site. (1) Protection Fencing. Tree protection fencing and trunk protection must be performed on existing trees per ANSI guidelines. (2) Prevention of Injury. Protection must include prevention of injury to the trunk, branches, and root systems of existing trees to be retained on the site and any trees on adjacent sites with root systems extending onto the site. (3) Regrading within Dripline. No soil removal, trenching, or regrading must occur within the root system or beneath the dripline of any tree to be retained on the site without mitigation of the impact of the activity on the tree per a certified arborist’s recommendation. (4) Compaction of Soil. No parking of vehicles or machinery, or storage of materials must occur within the dripline of any existing tree to be retained to avoid the compaction of soil around roots. (5) Inspection. Before, during, and after the start of construction activity, the municipal arborist may inspect the site and impose additional procedures to ensure the health of existing trees to be retained. (6) Mitigation of Damage. The municipal arborist may assess mitigation of trees damaged during or as a result of construction activities. Mitigation may include replacement trees or fees paid into the tree fund. 102-840 (e)(f) PENALTIES Any person who removes a significant tree without prior permission from the municipal arborist or causes the death of a significant tree through other means as determined by the municipal arborist must be subject to a fine equivalent to the value of the tree. The tree value must be established using the Trunk Formula Method set forth in the latest edition of Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers. SECTION 16. Hopkins City Code, Part III, Chapter 102, Article 10, Section 102-10100 is hereby amended by deleting the struck-through language and adding the double- underlined language as follows: 102-10100 Window Signs Temporary or permanent window signs must be on the inside of the window. Temporary or permanent window signs are limited to 33% of the surface area of the window to which they are affixed. Window signs place on storefront windows must not cover the middle vertical one-third of any one window. Such signs are not counted against the maximum limits established in Table 10-4. SECTION 17. Hopkins City Code, Part III, Chapter 102, Article 10, Subsection 102-10170, is hereby amended by adding the double-underlined language as follows: 102-10170 (b) FREESTANDING SIGNS Freestanding signs may not exceed the maximum height limits stated in Table 10-2. Table 10-2. Maximum Sign Heights ZONE MAXIMUM HEIGHT (FEET) N, NX, RX-N, & MX-N 6 MX-S, MX-TOD & RX-TOD 10 IX-TOD, I-TOD, & IX-S 10 I-1 & CLR 10 P 6 SECTION 18. Hopkins City Code, Part III, Chapter 102, Article 10, Subsection 102-10190, is hereby amended by adding the double-underlined language as follows: 102-10190 Signs in Mixed-Use Zones 102-10190 (a) MAXIMUM SIGN AREA The area of permitted signs in mixed-use zones may not exceed the maximum limits established in Table 10-4. Table 10-4. Signs in Mixed-Use Zones ZONE SINGLE SIGN MAXIMUM AREA MAXIMUM CUMULATIVE SIGN AREA MX-TOD, MX-D, MX-N, RX-TOD, RX-D, RX-N 60 sq ft 2 sq ft per foot of building frontage [1] MX-S 80 sq ft 3 sq ft per foot of building frontage [1] IX-TOD, I-TOD, IX-S 80 sq ft 3 sq ft per foot of building frontage [1] [1] On corner lots building frontage is measured along narrowest frontage 102-10190 (b) ILLUMINATION Signs in the MX-D zone may employ only "Halo" lighting or lighting sources that are external to the sign (e.g. Goose neck lighting). Any other form of internal sign illumination is prohibited. 102-10190 (c) MULTIPLE TENANT BUILDINGS The property owner may allocate the allowable sign area among the tenants of a multi-tenant building. If the property owner does not allocate the sign area, the City may do so based on the proportion of floor area or tenant frontage occupied by each tenant. SECTION 19. Hopkins City Code, Part III, Chapter 102, Article 13, Subsection 102- 1380(a), is hereby amended by deleting the struck-through language and adding the double-underlined language as follows: 102-1380 (a) APPLICABILITY The administrative subdivision approval procedures of this section apply to: (1) Lot line adjustments that combine multiple, existing abutting lots into a fewer number of lots than existed before the lot line adjustment occurred; (2) Lot line adjustments that alter the boundary between or reconfigure the shapes of existing abutting lots without creating additional lots; (3) Resubdivision of previously platted land that result in no more than one additional lot being created; and (4) Subdivision of a lot for the purposes of establishing a twin home provided: (a) Verification is submitted to the City that the building would meet building code requirements with the new lot line; (b) The lot line(s) is located along a common wall; (c) Upon approval, documents shall be recorded that establish how common elements of the building, utilities, and site elements will be maintained; (5)(4) Other minor land division activities authorized by the Planning & Zoning Commission SECTION 20. Hopkins City Code, Part III, Chapter 102, Article 13, Subsection 102- 13120(e), is hereby amended by deleting the struck-through language and adding the double-underlined language as follows: 102-13120 (e) PROCESS; DECISION-MAKING Two types of site plan review are established under this development code—major site plan review and administrative site plan review. (1) Major Site Plans. Major site plans require review and recommendation by the planning & zoning commission and final review and decision-making by the city council. a. Applicability. The following are subject to the major site plan review process: 1. Site plans that accompany a conditional use permit application, which must be reviewed in accordance with the conditional use permit procedures of 102-1390; 2. Site plans that accompany a zoning variance application, which must be reviewed in accordance with the conditional use permit variance procedures of 102-13130; 3. Construction of a new building with more than 25,000 square feet of gross floor area and building enlargements resulting in the addition of more than 25,000 square feet of gross floor area. 4. Site plans that qualify as administrative site plans but which are referred by the zoning administrator for processing as a major site plan; and 5. Any other activities for which major site plan approval is expressly identified in this development code. SECTION 21. Hopkins City Code, Part III, Chapter 102, Article 13, Subsection 102- 1370(c) relating to final plat review procedures, is hereby amended by deleting the struck- through language and adding the double-underlined language as follows: 102-1370 (c) FINAL PLATS (1) Application Filing. Following approval of a required preliminary plat, applicants may file an application for final plat approval for all or a portion of the proposed subdivision. The City may review and consider applications for preliminary and final plat approval concurrently. Applications for final plat approval must be submitted to the zoning administrator. (2) Commission Review and Recommendation. Following receipt of a complete application, the Planning & Zoning Commission must consider the proposed final plat conformance with the approved preliminary plat and compliance with all applicable development code regulations and act to recommend that the proposed final plat be approved as proposed, approved with modifications, or denied and transmit its report and recommendations to the City Council. The Planning & Zoning Commission may also act to continue the matter for further consideration and deliberation. Motions to approve, approve with modifications or deny final subdivision plats may be approved by a simple majority vote. If the Planning & Zoning Commission arrives at a tie vote, the application must be forwarded to the City Council with a notation of the tie vote. (2) (3) City Council Action. Following receipt of a complete application the Planning & Zoning Commission's recommendation, the City Council must act to approve the final plat or disapprove the final plat. The City Council is also authorized to continue the matter or remand the proposed final plat application back to the Planning & Zoning Commission for further consideration. Final plats may be approved by a simple majority vote of the City Council. (3) (4) Time-Frame for Final Action. In accordance with section 462.358 of the Minnesota Statutes, if the City Council does not take action on a final plat application within 60 days of receipt of a complete application, the application is deemed approved, unless the applicant agrees in writing to waive the 120-day rule. (4) (5) Recording of Final Plat. If the final plat is approved by the City Council, the subdivider must record it with the county recorder within 100 days of the date of approval; otherwise, the approval of the final plat is void. Immediately upon recording, the subdivider must furnish the clerk with four a prints of the recorded plat and proof of recording. Three copies One copy of the certified plan showing the improvements as built or as they are to be built within the subdivisions must also be submitted with the final plat. SECTION 22. Hopkins City Code, Part III, Chapter 102, Article 16, Subsection 102- 620(k)(5) relating to Measurement of Building Height in Stories, is hereby amended by adding the double-underlined language as follows: 102-1620 (k) BUILDING HEIGHT IN STORIES (5) Half Stories. Half stories are stories either located fully within the roof type or in a visible basement. a. Roof. Where occupied building space is allowed within the roof type (see 102- 720), any space within the roof and within the floor to floor height of the building type counts as a half story towards the overall allowable height. Dormers on roofs on half stories are limited to no more than 50% of the facade length of the story below. SECTION 23. Hopkins City Code, Part III, Chapter 102, Article 16, Section 102-1620 relating to measurements and interpretations, is hereby amended by adding subsection (o) with the double-underlined language as follows: 102-1620 (o) USE PERCENTAGES Uses that are limited in the percentage of floor area are not subject to said limit when the building in which said use is located is less than 6,000 square feet in total building area. SECTION 24. Hopkins City Code, Part III, Chapter 102, Article 16, Section 102-1660, is hereby amended by adding the double-underlined language as follows: 102-1660 Terms Beginning with "D" DWELLING UNIT, TWIN HOME. a 1 unit-household dwelling unit attached by party walls with another 1 unit-household dwelling unit, within the traditional house building type, in such a manner that the common party wall(s) is located on the common lot lines. Twin Home dwellings are considered 2-unit uses and are subject to the applicable regulations of Articles 3, 4, and 5. SECTION 25. Hopkins City Code, Part III, Chapter 102, Article 16, Section 102-16140, is hereby amended by deleting the struck-through language as follows: 102-16140 Terms Beginning with "L" LOT. A contiguous area of land as recorded in a deed, or on a recorded plan, as in a duly filed A-2 survey. SECTION 26. The effective date of this ordinance shall be September 12, 2024. First Reading: August 20, 2024 Second Reading: September 3, 2024 Date of Publication: September 12, 2024 Date Ordinance Takes Effect: September 12, 2024 By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk HIGHWAY 7 HI G H W A Y 1 6 9 1ST ST N EXCELSIOR BLVD 11 T H A V E S MAINSTREET 7TH ST S SMETANA RD 3RD ST N 2ND ST NE2ND ST N 5T H A V E N CAMBRIDGE ST SH A D Y O A K R D LAKE ST NE MINNETONKA BLVD 17 T H A V E N 12 T H A V E N 6TH ST S 15 T H A V E N 14 T H A V E N 2N D A V E S 11 T H A V E N 9T H A V E N BOYCE ST 10 T H A V E N 8T H A V E N 19 T H A V E N BL A K E R D N 7T H A V E N 5TH ST S 18 T H A V E N 6T H A V E N BL A K E R D S 1ST ST S GOODRICH ST OA K R I D G E R D 16 T H A V E N 20 T H A V E N ANN LN NOLAN DR MANITOBA R D AS H L E Y R D BI R C H P L HO L L Y R D 3RD ST S PO W E L L R D TY L E R A V E N AT W A T E R S T LORING RD 13 T H A V E N MO N R O E A V E S PRESTON LN DIVISION ST HA R R I S O N A V E S 21 S T A V E N W E S T B R O O K E W A Y HO M E D A L E R D HA W T H O R N E R D LI N C O L N D R SPRUCE RD HIGHWAY 7 FRONTAG E R D AL T H E A L N 8T H A V E S VA N B U R E N A V E S SANDRA LN MA P L E H I L L R D 17 T H A V E S 2ND ST S AD A M S A V E HIAWATHA AVE 12 T H A V E S 13 T H A V E S OXFORD ST PA R K L N JA C K S O N A V E N K-TEL D R 19 T H A V E S 7T H A V E S 18 T H A V E S 9T H A V E S WA S H I N G T O N A V E S MERILANE 8TH ST S MILL R D MILWA U K E E S T C O T T A G E L N FE L T L C T VAL L E Y W A Y HILL ST OA K W O O D R D 6T H A V E S ED G E M O O R D R SAINT ALBANS RD E FA I R W A Y D R WAYSIDE RD W 5T H A V E S AN N A W A Y D R OAK RIDGE TR CA M P B E L L D R WASH I N G T O N A V E N OAKVALE RD S BRI D L E L N OAKVALE RD N 37TH ST W MINNETON K A M I L L S R D VA N B U R E N A V E N 5TH ST N 4TH ST N MO N R O E A V E N COTTAGE D O W N S IN T E R L A C H E N R D TE X A S A V E H A Z E L L N HE R M A N T E R HO P K I N S C R O S S R O A D S OA K G L E N D R 47TH ST W LAKE S T W 20 T H A V E S SAINT L O U I S S T 10 T H A V E S 7TH ST W JO H N S T OA K T O N D R 16 T H A V E S 15 T H A V E S ROYZELLE LN ME A D O W B R O O K R D WILSHIRE W A L K SW E E T B R I A R L N BU R N E S D R FLETCHER PL EL M O R D TE X A S A V E S MA D I S O N A V E N OAK D R L N GR I F F I T S T SAINT JOHNS RD WAYSIDE RD E FARM LN O A K T O N R D G JA C K S O N A V E S DEER RIDGE LN CREE K L N R O B I N W O O D L N RO B I N W O O D T E R CE D A R P O I N T E D R S FARMDALE RD E OA K R I D G E R D W O O D L A N D D R CED A R P O I N T E D R N EA S T P A R K V A L L E Y D R GE T H S E M A N E R D WE S T P A R K V A L L E Y D R CE D A R C R O S S I N G B R O O K V I E W D R HE D B E R G D R RIDGE W O O D D R MA D I S O N A V E S W E S T P A R K R D DRILLANE RD WEBSTER PL HO N E Y W O O D L N POMPANO DR AQ U I L A A V E S JE F F E R S O N A V E S FA I R W A Y L N 34TH ST W LANDMARK TRAIL N 3 4 T H C I R C L E W PA R K S I D E B L V D LANDMARK T R S GR O V E P L OLD SETTLERS TRAIL DE A R B O R N C T AR T H U R S T REGENCY LN E P O L K A V E T R A I L W O O D S MALONEY AVE EDGEB R O O K D R OAK PARK LN 14 T H A V E S HOPKINS CENTER HA R R I S O N A V E N HERM A N C T A L T H E A L N 2ND ST N HI G H W A Y 1 6 9 2ND ST N 10 T H A V E S HIGHWAY 7 5 T H A V E S 12 T H A V E S 4TH ST N 2ND ST S ME A D O W B R O O K R D HIGHWAY 7 FRONTAGE RD 7TH ST S 5T H A V E S 6TH ST S 1ST ST S ROBINWOOD LN TY L E R A V E N 6TH ST S 2ND ST S 5TH ST S 2N D A V E S 6T H A V E S HO P K I N S C R O S S R O A D S 13 T H A V E S 9T H A V E S 15 T H A V E S 11 T H A V E S HIGHWAY 7 F R O N T A G E R D 3RD ST N 2ND ST N 7T H A V E S 16 T H A V E N 3RD ST S 21 S T A V E N 8T H A V E S MIN N E T O N K A M I L L S R D 12 T H A V E N VA N B U R E N A V E N 0 600 1,200 1,800 2,400 3,000300 Feet Date: 7/28/2022City of Hopkins ZONING MAP LEGEND Front Street PUD, Planned Unit Development Overlay Neighborhood Zones N1: Estates N2-A: Suburban Neighborhood, Large Lot N2-B: Suburban Neighborhood, Mid Lot N3-A: Traditional Neighborhood, Mid Lot N3-B: Traditional Neighborhood, Small Lot NX1: N'hood Res Mix NX2: Gen Urban Res Mix Mixed-Use Zones RX-TOD: Res-Ofc Mix, TOD Ctr RX-D: Res-Ofc Mix, Downtown Ctr RX-N: Res-Ofc Mix, N'hood Ctr MX-TOD: Mixed-Use, TOD Ctr MX-D: Mixed-Use, Downtown Ctr MX-N: Mixed-Use, N'hood Ctr MX-S: Mixed-Use, Suburban Ctr IX-TOD: Employment Mix, TOD Ctr I-TOD (UI): Industrial Mix, TOD Ctr IX-S (CE): Employment Mix, Suburban Ctr Special Zones I1 (BP): Light Industrial CLR: Closed Landfill Restricted P1: Parks and Open Space P2: Public-Institutional