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CR 93-18 Ordinance Amendments ..- -~-~-~-~-- --.-- "{ y 0 .; \ '. 0 II:- :Ca: ,. January 27, 1993 o p ~ Council Report 93-18 K I ORDINANCE AMENDMENTS Proposed Action. Staff recommends the following motion: Move to approve Resolution 93-12 recommending approval of Ordinance 93-722 making various amendments to the Zoning Ordinance. Overview. The Zoning Ordinance continually needs to be updated to reflect the current uses and to delete the obsolete sections. The attached proposed amendments will update the Ordinance, clarify and delete obsolete sections of the Ordinance. The proposed changes do . not make major changes the any Zoning Ordinance. Most of the amendments are a housing keeping type amendment. - - Primary Issues to Consider. 0 Why amend the Zoning Ordinance? 0 What are the proposed changes to the Zoning Ordinance? ! supportinq Doouments. 0 Analysis of Issues 0 Resolution 93-12 0 Ordinance 93-722 ClrndoJlDD s. Anderson, AICP r ;~ . ~ ----- I , , ' '" ! CR93-18 I 'I . Page 2 o Why amend the zoning Ordinance? From time to time the Zoning Ordinance needs to be updated. The attached Ordinance has no major changes to the Zoning Ordinance. o What are the proposed changes to the Zoning Ordinance? The following is a brief summary of the proposed zoning changes: Definitions Building - principal - amended definition staff feels the new definition is a better definition for a building - refers to a PUD in the definition Condominium - new definition currently Zoning Ordinance does not have a definition for a condominium ' Day care facility - amended definition i ~ amended definition to comply with state statue _I I" Department store - new definition < currently the Zoning Ordinance does not have a definition for a Department store, the use is permitted but not defined \, " Fence - amended definition staff feels that the new definition better defines a fence than the current definition ' Outlot - new definition currently the Zoning Ordinance does' not have a definition for an outlot Planned unit development - amended definition amended definition to concur with the new PUD ordinance Residential facility - new definition new definition to comply with state statute School - new definition currently the Zoning Ordinance does not define what a school is - Zoning Ordinance currently allows schools in residential districts , -. Undue hardship - new def ini tion . new definition to comply with state statue, currently the Zoning Ordinance does not define what undue hardship is, only that it is required for a variance. CR93-18 ~ Page 3 Waste facility - new de~inition .. . currently the Zoning Ordinance does not define what a waste facility is, the Zoning Ordinance does prohibit them in the City Group home- deleted deleted and replaced by the new definition of residential facility 530.09 - Deleting the section on group homes to comply with the state statue. 520.05 - Deleting the section regarding one building on a lot as per the new PUD section adopted a few years ago. 530.06 - Day Care Facility and Residential Facility section is amended to comply with the state statue. 550 subd. 30 - A handicapped parking requirement will be added. The new standard will require a lest 3/4 of a parking space for each dwelling unit. ~ Alternatives . 1. By approving the zoning amendments, changes. or new definition will be made to the Zoning Ordinance. 2. By denying the proposed zoning amendments, the proposed changes or additions will not be made to the zoning Ordinance. 3. continue for further information. If the City Council indicates that further information is needed the item should be continued. . . \' , t CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 93-12 RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF AN APPLICATION FOR AN ORDINANCE AMENDMENT WHEREAS, an application for an Ordinance Amendment 93~722 made by the city of Hopkins is approved. WHEREAS, the procedural history of the application is as follows: 1- That an application for an ordinance amendment ZN 93-1 was filed with the City of Hopkins on December 28, 1992. 2. That the HC?pkins Planning Commission reviewed such application on January 26, 1993. 3. That the Hopkins Planning Commission, pursuant to published - notice, held a public hearing on the application on January 26, 1993: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City staff and the Planning Commission were considered. NOW THEREFORE, BE IT RESOLVED that the application for Ordinance 93-722 is hereby approved based on the following Findings of Fact: 1. That the ordinance amendments are needed to update the Zoning Ordinance. Adopted this 2nd day of February, 1993. Nelson W. Berg, Mayor ATTEST: .James A. Genellie, City Clerk "- . " . It CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 93-722 ORDINANCE AMENDING THE ZONING ORDINANCE , BE IT ORDAINED by the City Council of the City of Hopkins as follows: . . That the Hopkins Zoning Ordinance No. 515 be and the same is hereby amended by amending and adding the following provisions: ' Subd. 22. Building - principal: the main building, or, in the, case of, a Planned Unit Development, the main buildings in whioh the intended allowable use is conducted. " Subd. 34. Condominium: a form of individual ownership within a ,building which entails joint ownership and ,responsibility for maintenance and repairs of. the' land and other common property of the building. ' · Subd. 35. Day care facility: ' a facility licens.ed by _' , the State Department of. Human Services, pUblic or pri va.te, which for gain or otherwise, regularly provides one of more persons,.as ,defined by the state Human Services Licensing Act, ,with care, training, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per day. Day care facilities include, but are not limited to: family day care homes, group "family, day care . homes, , day care centers, day nurseries, training and habilitation services for adults, day treatment programs, adult day care centers , and day services. Subd. 36. ' Department store: a business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished. Subd. 50. Fence: any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the required lot'area. Subd. 99. Outlot. A parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is, thereby declared unbuildable until \ ,', combined through platting with additional land; or a parcel '.'.. of land which is included in a plat and which is at least double the minimum size and which is thereby subject to future platting' prior to development; ora parcel of land which is included in a plat and which. is designated for -~--------~-- ~ ~ - . . , . . , public or.. private open. space, right-of-way, utilities or . other similar purposes.. An outlot is deemed to be unbuildable. Subd. 103. .Planned'unit development (PUD): Aplanned unit development is to provide for the integration and coordination of land parcels. as well' as the combination varying types of residential, commercial and industrial uses. . .. 'Subd. 107. Residential facility: a dwelling where a state-licensed residential program, public or private, where for gain or otherwise, regularly provides a 24-hour-per-day substitute for care, food,' lodging, training, education, supervision, habilitation, rehabilitation, or treatment for one or more persons,.' as ,defined by the state Human Services Licensing Act, outside a person's own home, except in the case of persons with mental retardation where the program may be in the person's home. Subd. 115. School: a building used for the purpose of elementary or secondary education, which meets all,.' the requirements of compulsory education laws of the State of, Minnesota, and not providing residential accommodations. ~ Subd. 125. Undue hardship: as used in connection with .. the granting of a variance means the property in question cannot be put to a reasonable 'use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Subd. 132. Waste Facility: all property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing, disposal, transfer and/or storage of, hazardous and/or solid wastes. Waste facility includes but is not 1imi ted to transfer and storage stations, process facilities, and disposal sites and facilities..' Waste Facility does not .include drop-off centers which are accessory to allowable uses and which are operated by a governmental unit, civic organization or similar non-profit .' group expressly for the collection of recyclable waste including paper, clean glass arid metal containers, and other eligible household wastes from individuals. ' That section 515 of the Hopkins Zoning ordinance is renumbered to add and amend the above definitions. '. That the Hopkins Zoning Ordinance No. 515, 520 and 530 be a~d.the same is hereby amended by deleting the fOllowing prOV1S10ns: , ,..~.;-...:....""",-,,~.,-.............: ',.'.-^-,.~.li;t::1~':"Vi.- - .. . '" -.. '., , , .. 515. Subd. 62. Group home: a home approved by the state .., where not more than ten persons live which are not a family as defined in this code. 530.09. q) Group homes shall be permitted in the R-3, R- 4, or R-5 district provided the density shall not exceed the density equivalent of three persons per one bedroom apartment minimum .floor area. 520.05 Subd. 2. One building. Except in the case of planned unit developments only one principal may be located on a lot. That the Hopkins Zoning Ordinance No. 535 be and the same is hereby amended with the following provisions: 530.06. Day Care Facility and Residential Facility. The following are permitted in single family districts: a) Day Care Facility serving 12 or fewer persons in a single family detached dwelling. b) Residential Facility serving 6 or fewer persons in a single family detached dwelling. _ The fpllowing are permitted in mu~tip~e family dis.tricts: c) Day Care Facility serving 13 through 16 persons operated on the premises of an allowed multiple family dwelling or dwellings. d) Residential Facility serving 7-16 persons operated on the premises of an allowed multiple family dwelling or dwellings. 535.03 Subd. 2. E) Day Care Facility 1. said operation shall be licensed That the Hopkins Zoning brdinance No. 550 be and the same is hereby added as follows: Subd. 30. Handicapped multiple dwelling. At least 3/4 of a parking space for each dwelling unit. . ;, >::.~.>~,-."",,,-,,,--,,---;-., . '"", - , - . " . , " ~ . . - " First Reading: February 2, 1993 Second Reading: .. ..February 16,1993. Date of Publication: February 24, 1993 Date Ordinance Takes Effect: . March 15, 1993 Nelson W. Berg, Mayor ATTEST: JamesA. Genellie, city Clerk - ~,. i/j 'Ii -- -".'-'.~.,'- '.