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Memo 2nd Reading Various Zoning Odrinance Changes . ., ~ C I T Y 0 F HOP K I H S MEMORANDUM DATE: March 29, 1993 TO: City Council FROM: Nancy Anderson SUBJECT: Second reading for various zoning Ordinance changes Attached is a list of various zoning ordinance changes. The first reading was held on February 2,. 1993. The second reading was delayed because of changes in the State Statue concerning residential and nonresidential facilities. Residential and nonresidential facilities will require a conditional use permit. The conditions that these programs will have to meet are outlined in the ordinance. The city Attorney has reviewed the attached' ordinance and has found .. it acceptable. No other sections of the attached ordinance . _ was changed except the section concerning residential and 'II' nonresidential facilities. The city Council's action is to approve Ordinance ~-722 for second reading and order it published. 93 , ~ .. "-, i 4IIt 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 which 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. 36. De-partment store: a business which is conducted under a single owner's name wherein a variety of e. unrelated merchandise and service's 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. 92. Nonresidential ~rogram: means care, supervision, rehabilitation, training or habilitation of a person provided outside the person's own home and provided for fewer than 24 hours a day, including adult day care programs; a nursing home that receives public funds to provide services for five or more persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a nursing home or hospital that was licensed by the commissioner on July 1, 1987 I to provide a program for persons with a physical handicap that is not the result of the normal . aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a nursing home or hospital and receive public funds for providing chemical abuse or chemical dependency treatment services under chapter 254B. Nonresidential program include home and community-based 'e services and semi-independent living services for persons with mental retardation or a related condition that are provided in or outside of a person's own home. -, - ~ -- ~ 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; ora parcel of land wnich is included in a plat and which is at least double the minimum size and which is thereby subj ect to future platting prior to development; or < a 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): A planned 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: means a program that provides 24 hour-a-day care, supervision, food lodging, rehabilitation, training, education, habilitaion, or treatment outside a person's own home, including a nursing home or hospital that receives public funds, administered by the commissioner, to provide services for five or more ~ persons whose primary diagnosis is mental retardation or a related condition or mental illness and who do not have a significant physical or medical problem that necessitates nursing home care; a program in an intermediate care facility for four or more persons with mental retardation or a related condition; a nursing home or hospital that was licensed by the commissioner on July 1, 1987, to provide a program for persons with a physical handicap that is not the result the normal aging process and considered to be a chronic condition; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment service under chapter 254B. Residential programs include home and community-based services and semi-independent living services for persons wi th mental retardation or a related condi tion that are provided in or outside of a person's own 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 I' i . 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 Facilitv: 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 limi 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 and 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 and the same is hereby amended by deleting the following provisions: . 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. 520.05 Subd. 2. One buildinq. Except in the case of planned unit developments only one principal may be located ona lot. 530.09. k) R-4 district - mobile home court to accommodate homes no wider than 12 feet, with 24 foot private roadway designated as fire lanes, two parking spaces with each site and guest parking at a ratio of one-half space per home. 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. 530.11. k) In all R-1 districts day care for not more than 12 persons provided such premises are licensed by the state. That the Hopkins zoning Ordinance No. 535 be and the same is hereby amended with the following provisions: . ~, '"is It 530.06. Nonresidential Facility and Residential Facility. The following are permitted in single family districts: a) Licensed non-residential programs with a licensed capacity of 12 or fewer persons. " b) Licensed residential programs with a licensed capacity of 6 or fewer persons. c) Group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, serving 14 or fewer children. 530.09. Conditional uses within R districts. Subdivision 1. The following are conditional uses in R districts: q) Licensed nonresidential program with a license capacity of 13 to 16 persons. 1. located only in proximity to a collector or arterial roadway as designated in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets; . 2. pick-up and drop-off areas located outside of parking setback area; 3. outdoor recreation areas to be setback 15 feet from all property lines and screening provided to mitigate noise and adverse visual impacts on neighboring properties; 4. one parking space provided for each six persons based upon the license capacity of the facility; r) Licensed residential program with a licensed capacity of 7 to 16 persons subject to the following: 1. Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state li~enses. 2. On-site services and treatment at residential facilities shall be for residents of the facility only, and shall not be for nonresidents or persons outside the facility. 3. The conditional use permit .is only valid as . long as a valid state license is held by the operator . of the facility where such license is required. . .. , .. . 4. Traffic generated by the facility not to exceed the design capacity of the local street system or cause a decrease in service levels of intersection, as defined by the Institute of Traffic Engineers. Adequate sight distance at access points shall be available; 5. No on-street parking to be allowed. Adequate off-street parking shall be required by the City based on the staff and resident needs of each specific facility; 6. No exterI)al building improvements undertaken which alter the original character of the home unless approved by the city Council; 7. Additional conditions may be required by the Ci ty in order .to address the specific impacts of a proposed facility. 535.03 Subd. 2.' E) Day Care Facility 1. said operation shall be licensed . That the' Hopkins Zoning nrdinance No. 550 be and the same is hereby added as follows: Subd. 30. Handicapped multiple dwellinq. At least 3/4 of a parking space for each dwelling unit. First Reading: February 2, 1993 Second Reading: April 6, 1993 Date of Publication: April 14, 1993 Date Ordinance Takes Effect: May 4, 1993 Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk '.