CR 06-141 Zoning Ordinance Amendments
C\TY OF
m
HOPKINS
November 29, 2006
Council Report 06-141
ZONING ORDINANCE AMENDMENTS
ProDosed Action.
Staff recommends the following motion: Move to adopt Resolution 06-86. approvIng
Ordinance 06-977. adopting various ordinance amendments.
At the Zoning and Planning meeting Mr. Aarness moved and Ms. Aristy seconded a motion to
adopt Resolution RZ06-33, recommending approval of Ordinance 06-977, adopting various
ordinance amendments. The motion was approved 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 Planning Commission has been reviewing the uses in the B-4 zoning district for the last
several months. The Commission is recommending adding several additional uses within the
district.
Primarv Issues to Consider.
. What are the proposed amendments?
. What is the staff recommendation?
. What was the discussion at the Zoning and Planning meeting?
SUDDortine: Documents.
. Analysis of Issues
. Resolution 06-86
. Ordinance 06-977
Nancy S. Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR06-141
Page 2
Primarv Issues to Consider.
36.
48.
49.
74.
76.
87.
100.
What are the proposed amendments?
B-1 B-2 B-3 B-4
Day nursery (2)XE (2)XE (2)XE (2)XE
Furniture store X X (4)X
Garden and landscape (2)XZ (2)XZ (2)XZ (2)(4)XZ
Optical- jewelry mfg. (l)X X X
Paint and wallpaper X X X
Records, TV, radio, sound, phono X X (4)X
Sporting goods X X (4)X
FF) Residential provided:
1. That the Excelsior Boule"fard residential frontage dwelling units abutting a right-
of-way of 50 feet or more in width can not occupy the first floor.
2. That there is at least one underground parking space per unit.
3. That all dwellings must have an entrance leading directly out of the building.
4. That the density allowed shall be R-5.
520.21 Districts Subdivision 1. Established. The city is divided into the following zoning use
districts:
BP - Business Park
520.03. 8ubd 1. Damage or destruction. If a la......lful non conforming structure is destroyed or
damaged to the extent that the cost to repair such damage ....Y-Quld be 50 percent or more of the
appraised "falue of the structure after such repair, the use of land and structure may not be
repaired except in conformance ....vith this code. The appraised value shall be determined by the
eity assessor.
520.03. Subd. 4 Damage or destruction. In the case of a nonconforming use destroyed by fire
or other peril to the extent of greater than 50 percent of its market value. and no building permit
has been applied for within 180 days of when the property is damaged. a municipality may
impose reasonable conditions upon a building permit in order to mitigate any newly created
impact on adiacent property.
500.61 Waiver of Plat.
Subd. 2. Application. All applications for a waiver of plat must include a survey of the
property to be divided and the new legal descriptions of the property after the division. This
CR06-141
Page 3
survey will also include locating all existing utilities on the property. The owner of the
property must grant easements for the utilities if needed.
What is the staff recommendation?
Staff is recommending approval of the proposed ordinance.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed ordinance amendments. There was considerable
discussion on the amendment to the auto sales lots. The Commission decided to remove this
amendment at this time. Noone appeared regarding the ordinance amendments.
Alternatives.
1. Approve the amendments to the zoning ordinance. By approving the amendments to the
zoning ordinance, the zoning 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 Commission
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: 06-86
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING VARIOUS ORDINANCE AMENDMENTS
WHEREAS, an application for Zoning Amendments ZN06-14 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;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on November
28,2006: 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 ZN06-
14 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 5th day of December 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 06-977
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
That Sections 500, 520, and 535 of Hopkins Code of Ordinances be, and the same and are hereby
amended by amending and adding the following sections:
Section 535 - Zoning: business districts
535.01. Business districts. Subdivision 1. Description. The business (B)
districts are in four categories designated as B-1, B-2, B-3, and B-4.
Subd. 2. The permitted uses of any land or structure in a B district are
those uses indicated by the mark "X" and shall be further subject to those certain
special limitations, requirements and regulations pertaining to those B district
uses specially designated by the following marks: (1), (2) and (3).
(1) means that the use is prohibited on the ground floor;
(2) means that a conditional use permit is required;
(3) means not more than three devices allowed;
(4) means that the use is limited to 5,000 square feet per business.
Subd. 3. Capi tal letters following any "X" mark indicate that the use or
uses permitted are subject to and are set forth' in the provisions of separate
paragraphs contained in subsection 535.03 which corresponds to the capital letter
or letters set forth in this subsection. The permitted use upon any land or in any
structure in a B district is considered the principal use.
(Amended Ord. 639) (Amended Ord. 96-787)
2.
3.
4.
5.
6.
7 .
8.
9.
10.
11.
12.
13.
14.
15.
16.
PERMITTED USES
B-1
B-3
B-2
1.
Adult-oriented business, as
governed and regulated by
Chapter 1165 of the City Code.
(Amended 95-762)
Airport
Amusement device
Appliance store
Art shops - pictures
Auction - public or private
Auto repair
Auto accessory and parts
Auto sales and/or lease
Auto wash subject to permit
Armory, auditorium, exhibit hall
Bakery
Banks, savings and loan
Bar - Tavern
Beauty or barber shop
Bike sales
X
X
X
(3)XBB
X X
(3)XBB XBB
X X
X X
(1) X X
X
(1) X X
(2)XA
X
( 2 ) XB ( 2 ) XB
X X
X (2)XV
X X
X X
B-4
(2)XEE
X
X
X
X
X
(4) X
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
Boat - marine sales
Books - office supplies
Bottling plant not in excess of
6,000 sq. ft.
Boutiques
Bowling - table tennis, pool hall
Broadcasting (T.V. - radio)
Bus and other transit
Business school
Cabinet - electrical, heating,
plumbing, upholstery, air condition-
ing provided the operation does not
exceed 6,000 sq. ft.
Camera - photographic
Carpet and floor covering
Clinics
Clothing store
Clubs (private - non profit)
Coin and stamp
Commercial greenhouse
Costume & formal wear rental
Cycle shop and snowmobile
Currency Exchange (added. 04-920)
Day nursery
Delicatessen
Department store
Dental - Med. Lab
Drive-ins (non food)
Dry cleaning and laundry
Dry cleaning and laundry pickup
Employment agency
Essential public service & utility
structures
Fabric and sewing store
Fixit shop
Florist
Furniture store
Garden and landscape
Gifts and novelties
Glassware, china, pottery
Glass and mirror installation
Grocery, fruit, vegetable
Hardware
Health clubs - studio
Hobby - crafts - instruction
Hotel - motel
Interiors - decorating studio
Jewelry
Karate, health club, dance studio (2)XL
Leather goods - luggage
Library - public or private
Liquors
Locker plan - 6,000 sq. ft. maximum
Locksmith and fixit shop
Lumber and related items
Meats
Mortuary
Motors repairing
Music store
Newsstand
( 2 ) XJ
(2)XU
x
x
(2)XE
x
x
(2) XI
(2)XY
X
(2) XZ
(2 ) XJ
X
X
X
X
X
X
X
X
(1) X
X
X
X
X
( 1 ) XC
X
X
( 2 ) XW
(2)XE
X
X
(1) X
( 2 ) XF
(2)XG
X
X
X
X
XY
X
X
(2) XZ
X
X
X
X
X
( 2 ) XK
X
X
(1) X
X
X
X
( 2 ) XY
X
X
X
X
X
X
( 2 ) XJ
X
X
X
X
X
X
X
(2)XC
( 2 ) XD
X
X
(2)XEE
(2)XE
X
X
( 2) XF
X
X
X
X
XY
X
X
( 2 ) XZ
( 2 ) XJ
X
X
X
X
X
( 2 ) XK
X
X
X
X
( 2 ) XY
X
X
X
X
X
(4) X
X
X
X
X
(2) X
X
(2)XE
X
X
X
X
X
(4) X
(2) (4)XZ
X
X
X
X
X
X
X
X
X
X
X
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
Offices
Open sales lot
Optical - jewelry mfg.
Orthopedic - medical supplies
(sales and manufacturing)
Paint and wallpaper
Parking ramps and lots
Pawn shop - antiques - used materials
Pet Store
Pharmacy - drug store
Photography - studio
Picture framing - art shop
Pipe - tobacco shop
Post office
Print shop
Public auction (see auction)
Records, TV, radio, sound, phono
Religious institutions, etc.
Rental service
Research labs
Residential
Restaurant - traditional
Restaurant - carry-out and delivery
Restaurant - drive-in
Restaurant - fast food
Roller rink - ice arena
Self-service station
Service station
Shoes - boots store
Sporting goods
Stationery - card shop
Stone monument sales
Tailoring
Taxidermist
Taxi terminal
Theater - non-drive-in
Tires - battery, accessory & recap
Trade school
Transient merchants (Added Ord. 05-947)
Truck - trailer sales
Variety stores
Veterinary clinic
Video - sales, rental
Warehouse - 16,000 sq. ft. maximum,
not abutting Mainstreet (Amended Ord. 2000-841)
( 2 ) XN
( 2 ) XO
x
2)XH
X
X
X
(2)XO
(1) X
X
X
X
X
X
X
X
X
( 2 ) XP
X
(2)XCC
(2)XH
X
X
X
X
X
X
(1) X
X
X
X
AREA AND YARD LIMITATIONS
X
(2)XO
X
X
X
X
X
X
X
X
X
X
X
(2)XCC
( 2 ) XQ
(2)XT
(2)XH
X
X
( 2 ) XR
(2)XS
X
( 2) XDD
( 2 ) XM
X
( 2 ) XJ
X
X
X
X
X
X
X
( 2 ) XAA
X
X
X
X
X
X
(2) X
X
X
X
(4) X
( 2 ) FF
X
X
(4) X
X
X
X
X
X
X
Uses permitted in any B district category subject to the following minimum
floor and lot area, lot widths, yard requirements, and building heights, in feet.
B-1 B-2 B-3
Lot area - sq. ft. 5,000 3,000
Lot width - ft. 50 20 25
Floor area requirement - F.A.R. 1.0 6 1.5
Front yard 20 1 1
B-4
1
Front yard - P.D.D. 20
Side yard 10 0 0
Rear yard 10 10 15
Requirements for lots fronting state
and county roads, as follows:
Front yard 20
Side yard 10
Building height 25
Front yard of B lots abutting
R district 1/2 of the required R district
Side yard abutting R district same as R district
Rear yard abutting R district same as R district
Rear yard from alley 20 10 15
Building height 25 70 45
10
10
1
10
45
60
535.03. Condi tional use requirements . Subdivision 1. The requirement of a
conditional use permit in connection with any use in any B district is indicated in
subsection 535.01 by appropriate capital letter (A, B, C etc.), which letters refer
to the appropriate paragraph in this subsection bearing the same capital letter.
Subd. 2. Conditional uses within B districts.
EE) Appliance store provided:
1. ~hat the square footage is limited to 5000 square feet.
2. That the retail area is at least 40 percent.
FF) Residential provided:
1. That 4::-fte E)rceloior I3oule7a.rd residential fronta.ge dwelling units
abuttinq a right-of-way of 50 feet or more in width can not occupy the
first floor.
2. That there is at least one underground parking space per unit.
3. That all dwellings must have an entrance leading directly out of the
building.
4. That the density allowed shall be R-5.
520.21 Districts Subdivision 1. Established. The city is divided into the
following zoning use districts:
BP - Business Park
520.03. Cubd 4. DmFwge or deotruction. If.J. lmJful non conforming otructure io
deotroyed or d.J.ffia.ged to the e)ctent tha.t the coot to repa.ir ouch da.ma.ge .,JOuld be 50
percent or more of the .J.ppraioed 7alue of the otructure after ouch rep.J.ir, the uoe
of land and otructure may not be repaired e)rcept in conformance .,qi th thio code.
The appraioed 7alue ohall be determined by the city aooeooor.
520.03. Subd. 4 Damage or destruction. In the case of a nonconforminq use
destroyed by fire or other peril to the extent of greater than 50 percent of its
market value, and no buildinq permit has been applied for within 180 days of when
the property is damaqed, a municipality may impose reasonable conditions upon a
building permit in order to mitigate any newly created impact on adlacent property.
500.61 Waiver of Plat.
Subd. 2. Application. All applications for a waiver of plat must include a survey
of the property to be divided and the new legal descriptions of the property after
the division. This survey will also include locatinq all existinq utilities on the
property. The owner of the property must grant easements for the utilities if
needed.
First Reading:
December 5, 2006
Second Reading:
December 19, 2006
Date of Publication:
December 28, 2006
Date Ordinance Takes Effect:
December 28, 2006
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date