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CR 99-24 Zoning Ordinance Amendments C \ T Y OF ~ HOPKINS . February 11, 1 999 Council Report 99-24 ZONING ORDINANCE AMENDMENTS Proposed Action. Staff recommends the following motion: Move to approve Resolution 99-7, approving Ordinance 99-823, making amendments to the zoning ordinance for first reading. At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Gross seconded a motion to approve Resolution RZ99-1, recommending approval of Ordinance 99-823. The motion carried unanimously. Overview. At various times the staff assembles sections of the zoning ordinance that need to be updated. These amendments are to correct inconsistencies or problems the staff has identified or just to update the ordinance. Several of the proposed amendments are basically housekeeping- type amendments. The ordinance will also add a section that will require screening and buffering between business, industrial, and multiple family uses and single family homes. . Primal'" Issues to Consider. . What are the proposed amendments? . What was the discussion at the Zoning and Planning meeting? SUl>l>ortiue Documents. 0 Analysis ofIssues 0 Resolution 99-7 0 Ordinance 99-823 ~A~Np Planner . CR99-24 Page 2 . Primary Issues to Consider. 0 What are the proposed amendments? 515.07 Subd. 12l. Porch ~ a one story covered entrance to a building with a separate roof that is not used for livable space. A definition for a porch. 520.07 Subd. 2. Height. An accessory building to a residential structure may not exceed 15 feet in height. Measured to the highest point. This will allow higher accessory buildings. 530.05. (3) The side yard to an existing dwelling on a corner lot abutting a right-of-way has a minimum setback of five feet in all R-1 zoning districts. This will allow a lessor setback for homes on a corner lot abutting the right-of-way. 530.05 (4) The side yard to the attached garage side of the home shall be a minimum of five . feet. The attached garage can not be converted to livable space. Will allow a lessor setback for the garage side of homes to allow garages to be expanded. 535.05 (5) In all R-l districts, front porches are allowed to be constructed in the front yard setback with a minimum setback of20 feet. This will allow residents to construct a fl'ont porch within the existing front yard setback. 550.01 Subd. 3. Yards. Parking areas shall be subject to front yard setback requirements in accordance with the district in which such parking areas are located. Parking lots for non- residential uses for more than six cars located in residential areas shall comply with yard setback requirements. Parking is allowed in driveways leading to garages, carports and legal parking areas. This will require non-residential uses with parking lots to comply with all the setback requirements for parking lots. It will also allow residents to park in their driveways legally. 550.03 Subd. 3. Fences. When a required off-street parking area for six cars or more is e located adjacent to or within an R district, there shall be constructed and maintained a wall of suitable material of not less than three and one-half feet nor more than six feet in height to CR99-24 Page 3 . capture the vehicle light beams and mume the vehicle noise. Will require parking lots for six or more cars within a residential district to screen the parking lot. 555.20 Screening and Buffering. The following uses shall be screened or buffered in accordance with the requirements of this subdivision: Subd. I. Principal buildings, structures and any accessory building or structure thereto located in any business, industrial or planned unit development district containing non-residential uses shall be buffered from lots used for any residential purpose. Subd. 2. Principal buildings and structures and any building or structure accessory thereto located in any R-3, R-4, R-5. R-6 or planned unit development district containing residential development at densities exceeding four units per acre shall be buffered from lots located in any R-I or R-2 district. Subd. 3. Required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3: 1. The screen shall be designed to employ materials, that provide an effective visual barrier during all seasons. Any areas left in a natura] state shall be properly maintained in a sightly and . well-kept condition. Subd. 4. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. Subd.5. Screening or buffering required by this section shall be ofa height needed to accomplish the goals of this section. Subd. 6. If required, plans for screening and buffering shall be submitted for approval as a part of the application for conditional use permit and installed as a part of the initial construction. Subd. 7. Height of plantings required under this section shall be measured at the time of installation. This section will require sCI'eening between multi-family dwellings, businesses, and industrial uses and single-family homes. . What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed amendments. The Commission discussed the buffering e and screening section, the change to the height of accessory buildings and the amendments to the setbacks for additions on homes. CR99-24 Page 4 . Alternatives. 1. Approve the amendments to the zoning ordinance. By approving the amendments to the zoning ordinance, the ordinance will be amended. 2. Deny the amendments to the zoning ordinance. By denying the amendments to the zoning ordinance, the zoning ordinance will not be amended. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. . . CITY OF HOPKINS . Hennepin County, Minnesota RESOLUTION NO: 99-7 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING V ARIOUS ZONING AMENDMENTS WHEREAS, an application for Zoning Amendments ZN99-1 has been made by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendments was made by the City of Hopkins on December 23, 1998; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on January 26, 1999: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staffwere considered. . NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendments ZN99-1 is hereby approved based on the following Findings of Fact: 1. That the proposed amendments protect the health, safety, and welfare of the community. Adopted this 16th day of February, 1999. Charles D. Redepenning, Mayor ATTEST: Terry Obermaier, City Clerk e CITY OF HOPKINS Hennepin County, Minnesota . ORDINANCE NO. 99-823 AN ORDINANCE AMENDING THE ZONING ORDINANCE That the Hopkins City Code No. 515-570 be, and the same is hereby amended by, amending the following sections: 515.07 Subd. 12L Porch - a one story covered entrance to a building with a separate roof that is not used for livab]e space. 520.07 Subd. 2. Height. An accessory building to a residential structure may not exceed 15 feet in height. Measured to the highest point. 530.05. (3) The side yard to an existing dwelling on a corner lot abutting a right-of-way has a minimum setback of five feet in all R-l zoning districts. 530.05 (4) The side yard to the attached garage side of the home shall be a minimum of five feet. The attached garage can not be converted to livable space. 530.05 (5) In all R-l districts, front porches are allowed to be constructed in the front yard . setback with a minimum setback of20 feet. 550.01 Subd. 3. Yards. Parking areas shall be subject to front yard setback requirements in accordance with the district in which such parking areas are located. Parking lots for non- residential uses for more than six cars located in residential areas shall comply with yard setback requirements. Parking is allowed in driveways leading to garages, carports and legal parking areas. 550.03 Subd. 4. Fences. When a required off-street parking area for six cars or more is located adjacent to or within an R district, there shall be constructed and maintained a wall of suitable material of not less than three and one-half feet nor more than six feet in height to capture the vehicle light beams and muffie the vehicle noise 555.21 Screening and Buffering. The following uses shall be screened or buffered in accordance with the requirements of this subdivision: Subd. 1. Principal buildings, structures and any accessory building or structure thereto located in any business, industrial or planned unit development district containing non-residential uses shall be buffered from lots used for any residential purpose. Subd. 2. Principal buildings and structures and any building or structure accessory thereto located in any R-3, R-4, R-5, R-6 or planned unit development district containing . residential development at densities exceeding four units per acre shall be buffered from lots located in any R-l or R-2 district. Subd. 3. Required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3: 1. The screen . shall be designed to employ materials. that provide an effective visual barrier during all seasons. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition. Subd. 4. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right~of-way or within eight feet of the traveled portion of any street or highway. Subd. s. Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section. Subd. 6. If required, plans for screening and buffering shall be submitted for approval as a part of the application for conditional use permit and installed as a part of the initial construction. Subd. 7. Height of plantings required under this section shall be measured at the time of installation, First Reading: February ]6, 1999 Second Reading: March 2, 1999 Date of Publication: March ] 0, 1999 . Date Ordinance Takes Effect: March 30, 1999 Charles D. Redepenning, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date e