CR 96-139 Zoning Ordinance AmendmentsAugust 28, 1996
ZONING ORDINANCE AMENDMENTS
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 96 -71, approving
Ordinance 96 -787 that will make various amendments to the zoning ordinance for first reading.
At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Gleeson seconded a motion to
approve Resolution RZ96 -12, recommending approval of Ordinance 96 -787. The motion carried
unanimously.
Overview.
Once a year staff assembles various 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. The proposed amendments are basically housekeeping -type amendments.
The major changes being proposed are as follows:
o Several new and amended definitions
o Additional conditions for auto sales lots
o New conditions for self- service gas station
Council Report 96 -139
Primary Issues to Consider.
o What are the amendments, additions, or deletions to the zoning ordinance?
o What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
o Analysis of Issues
o Resolution 96 -71
o Ordinance 96 -787
%MA dS OInthADOT1
Nancy Anderson, AICP
Planner
CR96 -139
Page 2
o What was the discussion at the Zoning and Planning meeting?
Nancy Anderson reviewed the proposed amendments. It was noted that the Commission
reviewed the amendments at the July meeting. No one was in the audience to speak on the
proposed amendments.
o What are the amendments, additions, or deletions to the zoning ordinance?
Subd. 27. Clinic: A buildin designed and used for the diagnosis and treatment of human patients
that does not include overnight care facilities.
A new definition for clinic; there was not a definition in the zoning ordinance for a clinic
Subd. 122. Restaurant - Fast Food:
Any establishment whose
principal business is the sale of foods, frozen desserts, or beverages in ready -to- consume
individual servings, for consumption either within the restaurant building or for carry -out, and
where either: 1) foods. frozen dessert& or beverages are usually served in paper. plastic. or other
disposable containers, and where customers are not served their food, frozen desserts, or
beverages by a restaurant employee at the same table or counter where the items are consumed;
pr 2) the establishment includes a drive -up or drive- through service facility or offers curb service
New definition for a fast food restaurant.
Subd. 124.
only: Restaurant - carry out and delivery. A restaurant where a majority of the food is prepared
for the consumption off the premises.
New definition for a carry out and delivery restaurant.
Subd. 127. Satellite dish antenna: A device incorporating a reflective surface that is solid, open
mesh. or bar configured and is in the shape of a shallow dish, cone, horn. or cornucopia. Such
device shall be used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to
what are commonly referred to as satellite earth stations, TVROs (television reception only
satellite dish antennas) and satellite microwave antennas.
Added definition for satellite dish antenna.
Subd. 130.
Service station: Any premises where gasoline and other petroleum products are sold and/or light
maintenance activities such as engine tune -ups, lubrication, minor repairs, and carburetor cleaning
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are conducted. Service stations shall not include premises where heavy automobile maintenance
activities such as engine overhauls, automobile painting, and body fender repair are conducted.
New definition for a service station.
Subd. 130. Self- service station: an establishment where liquids used as motor fuels are stored and
dispersed into the fuel tanks of motor vehicles by persons other than the service station attendant
and may include facilities available for the sale of other retail products.
New definition for a self - service station
e) In rear yards, bays not to exceedijg a depth of two feet nor to containing an area
of more than 20 square feet; fire escapes with treads not exceeding a width of three feet;
balconies, decks breezeways, detached outdoor picnic shelters and recreational equipment, and
off- street parking except as provided in this code.
Will clarify where decks can be placed.
525.15 Subd. 2. Procedure. At the board's lanuacy July meeting the board shall elect
from its membership a chairman and vice- chairman. The board shall formulate and adopt rules
and procedures. Meeting of the board shall be scheduled once each month at a time to be
specified in the rules and procedures. There shall be a fixed place of meeting. Meetings are open
to the public.
By laws and ordinance differ when elections will take place; now will be the same.
530.09 k) R-4 or R -5 district - offices on the first floor of a building other than a
multiple family dwelling for persons engaged in one of the recognized professions, finance,
insurance, real estate, religious or philanthropic organizations.
Change will not allow businesses in apartment buildings; they still will be allowed in other
types of buildings.
535.03. Subd, 2 A
6. no vehicles which are unlicensed and/or inoperative shall be stored on the
premises;
7. all repair, assembly, disassembly or maintenance of vehicles shall occur within a
closed building except minor maintenance, including tire inflation, adding oil and wiper
replacement.
8. no outside storage or display except vehicles for sale or rent;
9. no public address system;
CR96 -139
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• 10• no test driving of vehicles on local residential streets.
Additional conditions for auto sales lots.
S) Restaurant - quiekerder fast food provided:
4. public address systems shall not be audible from any residential parcel;
An additional condition for a fast food restaurant.
546.06. Subd. 8.g. Storm water detention facilities for new development must be sufficient to
limit peak flow in each subwatershed to those that existed before the development for the
two -year ten -year, and 100 -year storm event.
Additional language added to clear up an inconsistency with the storm water ordinance.
550.05. Required off -street parking. Subdivision 1. General rule. The minimum parking areas
set forth in this subsection shall be provided and maintained by ownership, easement, or lease, for
and during the life of the respective uses. The off- street parking area for a use shall be within 400
feet of a building entrance of the use being served by the narking.
An added requirement that off - street parking be within 400 feet of building that uses the
parking; currently there is no distance requirement for off - street parking.
B -1 B -2 B -3
56. x * If
67. Meter-fuel service station (2)XM
90. Restaurant - traditional cafe tea room x x x
91. Restaurant - carry out and delivery x
94. Restaurant - quiekerder fast food (2)XS
95. Self- service station (2)XEE
108. Video - sales, rental x x
56. allowed in two places within the zoning ordinance
67. rename to service station
90. name will be the same as definition
91. carry -out and delivery restaurant now defined and allowed
94. renamed to be the same as definition
95. new definition and allowed in B -3 zoning district
108. new use allowed
M) Meter-fuel service station provided:
stacking for gas pumps shall be
•
CR96 -139
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provided for at least one car beyond the pump island in each direction in which access can be
gained to the pump. The required stacking shall not interfere with internal circulation patterns or
with designated parking areas and shall not be permitted on any public right -of -way. private
access easement or within the requiredparking setback.
9. no vehicles which are unlicensed and inoperable shall be stored on premises except
in appropriately designed and screened storage areas
10. all repair. assembly. disassembly and maintenance of vehicles shall occur within
closed buildings except minor maintenance, including_tire inflation, addition oil and wiper
replacement:
Additional conditions for a service station.
EE) Self- service station provided:
1. conformance to all conditions stated in subsection M of this section except 9 and 10
Conditions for a self - service station.
540.03 o) Meter-feel service or self- service stations subject to the conditions specified by
this code.
Change name to be the same as the definition.
550.03. Subd. 7. Uses not listed. The parking requirement for uses not listed in this subdivision
may be established by the City based on the characteristics of the use and available information on
parking demand for such use.
New section added for parking requirement that is not listed.
550.05 Subd.
Subd. 14. Restaurant - fast food, carry out. At least one parking space for each 2.5 approved
seats and one parking space for every 15 square feet of public service and counter area.
Use added for a parking requirement.
Subd. 17. Meter -€uel service station and auto repair. At least four off - street parking spaces per
business plus two off - street parking spaces for each service stall.
Amended because of name change.
570.01 Subd. 13. Sign - portable: any sign not permanently affixed to the ground or to a building,
including any sign attached to or displayed on a vehicle that is used for the expressed purpose of
CR96 -139
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advertising a business establishment, product, service, or entertainment, when that vehicle is so
parked as to attract the attention of the motoring or pedestrian traffic.
New definition for a portable sign.
Alternatives
1. Approve the zoning amendments. By approving the zoning amendments, the Zoning
Ordinance will be amended to reflect the proposed amendments.
2. Deny the zoning amendments. By denying the rezoning, the zoning amendments, the Zoning
Ordinance will remain the same.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
ATTEST:
James A. Genellie, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 96-71
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AMENDMENTS TO THE ZONING ORDINANCE
WHEREAS, an application for amendments to the Zoning Ordinance, ZN96 -6, has been made by
the City of Hopkins; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for Ordinance Amendments ZN96 -6 was made by the City of Hopkins
on July 26, 1996.
2. That the Hopkins Planning Commission, pursuant to published notice, held a public
hearing on the application and reviewed such application on August 27, 1996: all persons
present were given an opportunity to be heard.
3 That the written comments and analysis of the City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Ordinance Amendments
ZN96 -6 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 3rd day of September, 1996
Charles D. Redepenning, Mayor
That the Hopkins Zoning Ordinance No. 515 -570 be and the same is hereby amended by
amending and/or adding the following sections:
Section 515:
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 96-787
AN ORDINANCE AMENDING THE ZONING ORDINANCE
Subd. 27, Clinic: A building designed and used for the diagnosis and treatment of human patients
that does not include overnight care facilities.
Subd. 122. Restaurant - Fast Food:
Any establishment whose
grincinal business is the sale of foods. frozen desserts. or beverages in ready -to- consume
individual servings, for consumption either within the restaurant building or for carry -out, and
where either: 1) foods, frozen desserts, or beverages are usually served in paper. plastic. or other
do sable containers, and where customers are not served their food, frozen desserts. or
beverages by a restaurant employee at the same table or counter where the items are consumed;
or 2) the establishment includes a drive -up or drive- through service facility or offers curb service.
Subd. 124.
enly: Restaurant - carry out and delivery. A restaurant where a majority of the food is prepared
for the consumption off the premises.
Subd. 127. Satellite dish antenna: A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow dish, cone horn, or cornucopia. Such
device shall be used to transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to
what are commonly referred to as satellite earth stations. TVROs (television reception only
satellite dish antennas). and satellite microwave antennas.
Subd. 130. Self - service station: an establishment where liquids used as motor fuels are stored and
dispersed into the fuel tanks of motor vehicles by person other that the service station attendant
and may include facilities available for the sale of other retail products.
Subd. 131.
Service station: Any premises where gasoline and other.petroleum products are sold and/or light
maintenance activities su h . en ine ne -u , s lubricatio min r r - , airs - d carburetor cleanin
are conducted. Service stations shall not include premises where heavy automobile maintenance
activities such as engine overhauls; automobile painting. and body fender repair are conducted.
Other uses listed in 515.07 are to be renumbered accordingly.
520.09
e) In rear yards, bays not to exceeding a depth of two feet nor to containi� an area
of more than 20 square feet; fire escapes with treads not exceeding a width of three feet;
balconies, decks, breezeways, detached outdoor picnic shelters and recreational equipment, and
off-street parking except as provided in this code.
525.15 Subd. 2. Procedure. At the board's January July meeting the board shall elect
from its membership a chairman and vice-chairman. The board shall formulate and adopt rules
and procedures. Meeting of the board shall be scheduled once each month at a time to be
specified in the rules and procedures. There shall be a fixed place of meeting. Meetings are open
to the public.
530.09 k) R -4 or R -5 district - offices on the first floor of a building other than a
multiple family dwelling for persons engaged in one of the recognized professions, finance,
insurance, real estate, religious or philanthropic organizations.
535.03. Subd. 2 A
6. no vehicles which are unlicensed and/or inoperative shall be stored on the
premises;
7. all repair, assembly. disassembly or maintenance of vehicles shall occur within a
closed building except minor maintenance. including tire inflation, adding oil and wiper
replacement;
8. no .utside stora a or dis.la except vehicles or sale or rent
9. no public address system;
10. no test driving of vehicles on local residential streets.
S) Restaurant - quick -eider fast food provided:
4. drive -thru address systems shall not be audible from any residential parcel;
546.06. Subd. 8 g. Storm water detention facilities for new development must be sufficient to
limit peak flow in each subwatershed to those that existed before the development for the
two -year, ten -year, and 100 -year storm event
550.05. Required off- street parking. Subdivision 1. General rule. The minimum parking areas
set forth in this subsection shall be provided and maintained by ownership, easement, or lease, for
and during the life of the respective uses. The off-street parking area for a use shall be within 400
feet of a building entrance of the use being served by the parking.
B -1 B -2 B -3
56. Human- care - clinic x x x
67. Meter- -fuel service station (
90. Restaurant - traditional ca€e --flea -ream x x x
91. Restaurant - carry out and delivery x
94. Restaurant - quick -girder fast food (2)XS
95. Self - service station (2)XEE
108. Video - sales. rental x x
Uses listed in 535.01 are to be renumbered accordingly.
M) Meter -fuel Service station provided:
stacking for gas pumps shall be
provided for at least one car beyond the pump island in each direction in which access can be
gained to the pump. The required stacking shall not interfere with internal circulation patterns or
with designated parking areas and shall not be permitted on any public right -of -way, private
access easement or within the required parking setback.
9. , no vehicles which are unlicensed and inoperable shall be stored on premises except
in appropriately designed and screened storage areas;
10. all repair. assembly. disassembly and maintenance of vehicles shall occur within
closed buildings except minor maintenance including tire inflation, additional of oil and wiper
replacement;
EE) Self - service station provided:
1. conformance to all conditions stated in subsection M of this section except 9 and 10
540.03 o) Meter-fuel sev c stations subject to the conditions specified by
this code.
550.03. Subd. 7. Uses not listed. The parking requirement for uses not listed in this subdivision
may be established by the City based on the characteristics of the use and available information on
narking demand for such use.
550.05 Subd.
Subd. 14. Restaurant - fast food, carry out. At least one parking space for each 2.5 approved
seats and one parking space for every 15 square feet of public service and counter area.
Subd. 17. Meter -fuel Service station and auto repair. At least four off-street parking spaces per
business plus two off - street parking spaces for each service stall.
570.01 Subd. 13. Sign - portable: any sign not permanently affixed to the ground or to a building,
including any sign attached to or displayed on a vehicle that is used for the expressed purpose of
advertising a business establishment product service or entertainment, when that vehicle is so
parked as to attract the attention of the motoring or pedestrian traffic.
First Reading: September 3, 1996
Second Reading: September 17, 1996
Date of Publication: September 25, 1996
Date Ordinance Takes Effect: October 15, 1996
Ati'EST:
James A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
Charles D. Redepenning, Mayor