Memo- Single Family Dwelling Moratorium- Z&P Update
Administrative Services -
Office of the City Manager
Memorandum
To:
From:
Date:
Subject:
Honorable Mayor and Members of the City Council
Steven C. Mielke, Hopkins City Manager
October 8, 1999
Single Family Dwelling Moratorium - Z&P Update
Attached is the current version of the proposed ordinance that would require a
conditional use permit for the removal of single family homes. Staff will be prepared to
discuss the status of this topic at the Worksession.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 99-833
AN ORDINANCE AMENDING THE ZOmNGORDINANCE
That the Hopkins City Code sections 530 and 525 be, and the same are hereby amended
by, amending, deleting and adding the following section, paragraphs and subdivisions:
530.09. Conditional uses within the R district. Subdivision 1. The following are conditional uses
in R zoning district and certain of the standards, restrictions and requirements applicable to such
conditional uses:
530.09 Subdivision. 1 a) Any church or place of religious worship and all structures. facilities
and physical improvements incident or accessory thereto. The front yard setback for such a
conditional use shall be the same front yard setback stated in Section 530.05 of this ordinance for
permitted uses in the zoning district in which the conditional use is located. The side and rear
yard setbacks for any such conditional use shall be no less than 35 feet from its side and rear
property lines.
530.09 Subdivision 1 f) Off-street parking for abutting B or I uses provided:
1. Such parking may be extended the width of three contiguous lots or 150 feet
whichever is less onto land which is zoned for residential use;
2. The land is under the same ownership or control as the abutting B or I uses land
which is to be served;
3. Said parking is not located between two existing abutting residential uses subject
to conformance with parking lot standards in the code; and
4. Such off-street parking shall otherwise be subject to the standards and
requirements stated in Section 525.13 of these ordinances.
530.09 Subdivision 1 u) Off-street parking lots, parking facilities. and driveways ancillary to or
to be used as an accessory 'use for any conditional use within an R-l distrig.
530.09 Subdivision 1 v) Any e~ansion. enlarBement or modification of an existing use which is
the type of use designated as a conditional use in a residential zoning district. that will result in
the demolition or removal of a single family residence. shall be a conditional use requiring a
Conditional Use Permit. All conditional uses shall be allowed only upon compliance with and
fulfillment of all the standards. conditions and requirements stated in Section 525.13 of the
Hopkins Zoning Ordinance.
525.13 Subdivision. 15 Standards, In evaluating a Conditional Use Permit application and
granting a Conditional Use Permit, the Planning Commission and City Council shall consider
and require its compliance with the following standards. conditions and requirements:
525. 13 d 4 Vehieular traffic geRerated by B use shall be dUlilMled BAd 00RtofOlled iA B maRAer
v.t.ich will avoid eoftgestioft or iRterfere:aee with. ath.er "lehieular tnmsportatioft systems or
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pooestriaR traffie aad ~.vhieh ~;.ri1l a-~..()id ereatiag traffie hazards or ex-oesslve traffic through
resideBtial areas. The adeqtiaey of aRY proposed traffie circulation system to accomplish these
objeoth-es shall be tletermiaed by the City, ~J;hieh may require suelt additioBal meaSt:lres for
traffie eontrol as it ma-y deem Beeessary, iBeludiBg but HOt limited to the fo"o~.....ing: direetioaal
sigBalizatioa, chaaoolizatioa, sta.ntiby tern laRes, side~.valks, remo\'81 of aoeess poiBts, and
moviag of aoeess poim:s.
525.13 Subd. 15. h) traffic impacts such as increases in vehicular traffic. changes in traffic
movements. traffic congestion. interference with other transportation systems or pedestrian
traffic. and traffic hazards shall be considered by the Planning Commission and City Council in
evaluation an applicant for a Conditional U se P~rmit. The applicant shall demonstrate the
proposed conditional use shall. not cause unacceptable increases in vehicular traffic. traffic
congestion or interference with other transportation systems or pedestrian traffic. and will not
create traffic hazards or excessive traffic through residential areas or otherwise cause adverse
effects on residential areas or dwellings. . The City may require the applicant to submit a traffic
study prepared by a traffic consultant approved by the City to demonstrate the applicant's
compliance with the requirements of this paragraph. As a condition of the issuance of a
Conditional Use Permit. the City may require the applicant to incorporate in the applicant's
proposal and construct such traffic control measures and improvements as the City may deem
necessary. including. but not limited to directional signalization. channelization~ stand-by turn
lanes. sidewalks. removal of access points to public streets and moving of access points to public
streets.
525.13 Subd. 15. i) in addition to the standards. conditions and requirements stated elsewhere
in this Section 525.13. no Conditional Use Permit shall be granted for a conditional use within an
R-l district unless the applicant has demonstrated compliance with the following standards.
conditions and requirements.
1) In R-I zoning districts. the side and rear yard setbacks for any
structures~ buildings or improvements constituting a part of or
accessory to a conditional use shall be the greater of:
,
aa) The side and rear yard setbacks specified in Section 530-.09. subd. 1.
a. of the Hopkins Zoning Ordinance:
bb) The setbacks applicable to such conditional use in zoning district(s) in
which such use is a permitted use:
cc) Two times the setback specified for the permitted uses in R-I zoning
districts.
2) The removal of a dwelling. whether attached or detached. shall not
change the character of the neighborhood. Wherever such a
dwelling is removed it shall be replaced by a use that is compatible
in size. scale. orientation to the street~ and architectural character
with adiacent properties and dwellings. The Planning Commission
and City Council shall apply the requirements of this ordinance to
any lot or parcel of land from which a dwelling is to be removed or
has been removed by or on behalf of the applicant at any time prior
to the date of the application for the Conditional Use Permit
3) Any structure. building or other improvement constituting part of
-,
or accessOIY to a conditional use that lies directly across the street
from a dwelling or dwellings shall be architecturally compatible. in
scale with and oriented consistent with existing dwelling units. If
the existing dwelling units adiacent to or in the vicinity of the
conditional use face the street. any structures~ buildings or
improvements related to the conditional use must also orient to the
street. Green space. yards or landscaped parking lots are
acc~ptable if an existing park or open space is adjacent to or across
the street form the proposed conditional use. New or expanded
existing parking lots across the street from existing dwellings are
not acceptable because they are inconsistent with the existing
character of the neighborhood. except that a parking access drive
not exce~ding 24 feet in width may be permitted across the street
from existing dwellings provided the landscaping and screening
requirements of this ordinance are met. In order to evaluate the
application for a Conditional Use Permit and its compliance with
this paragraph~ the City may retain an architect or city planner. at
the applicant's e~ense~ to evaluate the proposed oonditional use
and submit a study or report to the City stating the architect or
planner's opinions and recommendations relating to the
compliance of the proposed conditional use with the requirements
of this paragraph.
4) If a new or expanded existing parking lot or access drive is
permitted under the provisions of the preceding paragraph. and
such new or expanded parking lot or access drive abuts or is across
the street from an existing dwelling or dwellings. there shall be a
landscaped buffer area within the required setback of at least 15
feet in width. Buffer areas shall be planted with a mixture of not
less than 50% coniferous plantings to facilitate year-round
screening. and berming may also be required for screening
purposes. Additionally~ screening and buffering shall be required
in accordance with Section 550.01 of this ordinance except that
fence shall be permitted along street frontages.
j) the proposed use shall also comply with all federal. state and municipal laws. statues. codes
and ordinances and the standards and policies of the City in effect at the time of submission of
the applicant for a Conditional Use Permit. The City may require the applicant at the applicant's
expense. to submit studies. plans and r~ports. from consultants approved by the City to
demonstrate compliance of the proposed conditional use with all such laws. statutes. codes.
ordinances. standards~ and policies.
First Reading:
November 3, 1999
Second Reading:
November 16, 1999
Date of Publication:
November 24, 1999
Date Ordinance Takes Effect:
December 14, 1999
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ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Charles D. Redepenning, Mayor
City Attorney Signature
Date