Ordinance Amendments 1._ Y 0
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0 January 18, 1993 'ti o p K Planning Report ZN93 -1
ORDINANCE AMENDMENTS
Proposed A ction.
Staff reco m m ends the, foliow ng mot Move to' approve
Re ®1 t 93` re a. ro�va f 11‘o
dinance 93- 22
ma k .ng various s amments to the Zoning ordinance.
Oye.
The Zoo g O continually needs to he updated teo
ref e ot the current uses an to delete the o i
seCt� The attached p amen w upda th e
Ordnance, clarify and delete roposed obso sections of the
Ordinance:
The proposed chan do not ma any, major changes the
boning" Ordinance. Most of the amendments are a housing
ke typ amendment.
Priaa ry t Issues to Consider.
e Whir_ Amend the Zon Ordnance?
0 o W are the proposed Changes to the Zoning Ordinance?
Support Documents.
o;_ Anaiysis o Issued
o Reso lution Z -3
o Ordinance 93'72
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Nanc- Anderson, AICP
P1ann; r
411
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ZN93 -1
Page 2
o Why amend the Zoning Ordinance?
From time to time the Zoning Ordinance needs to be updated.
The attached Ordinance has no major changes to the Zoning
Ordinance.
o What are the proposed changes to the Zoning Ordinance?
The following is a brief summary of the proposed zoning
changes:
Definitions
Building principal amended definition
Condominium new definition
Day care facility amended definition
Department store new definition
Fence amended definition
Outlot new definition
Planned unit development amended definition
Residential facility new definition
School new definition
Undue hardship new definition
410 Waste facility new definition
Group home deleted
530.09 Deleting the section on group homes to comply with
the State Statue.
520.05 Deleting the section regarding one building on a
lot as per the new PUD section adopted a few years ago.
530.06 Day Care Facility and Residential Facility section
is amended to comply with the State Statue.
550 subd. 30 A handicapped parking requirement will be
added.
III
ZN93 -1
Page 3
1111
Alternatives
1. By recommending approval of the proposed zoning
amendments, the City Council will consider a
recommendation of approval for the proposed zoning
amendments.
2. By recommending denial of the proposed zoning
amendments, the City Council will consider a
recommendation of denial for the proposed zoning
amendments.
3. Continue for further information. If the Commission
indicates that further information is needed the item
should be continued.
4111
R f
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ93 -3
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF AN APPLICATION FOR AN ORDINANCE AMENDMENT
WHEREAS, an application for an Ordinance Amendment 93 -722 made by
the City of Hopkins is recommended for approval.
WHEREAS, the procedural history of the application is as follows:
1. That an application for an ordinace amendment ZN 93 -1 was filed
with the City of Hopkins on December 28, 1992.
2. That the Hopkins Planning Commission reviewed such application on
January 26, 1993.
3. That the Hopkins Planning Commission, pursuant to published
notice, held a public hearing on the application on January 26,
1993: all persons present at the hearing were given an
opportunity to be heard.
4. That the written comments and anaysis of the City staff and the
Planning Commission were considered.
NOW THEREFORE, BE IT RESOLVED that the application for Ordinance
93 -722 is hereby recommended for approval based on the following
Findings of Fact:
1. That the ordinance amendments are needed to update the
Zoning Ordinance.
Adopted this 26th day of January, 1993.
John T. Hutchison, Chairman
1 11 1 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:
4
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,. 35. Day care facility: a facility licensed by
the State Department of Human Services, public or private,
S which for gain or otherwise, regularly provides one of more
persons, as defined by the State Human Services Licensing
Act, with care, training, supervision, habilitation,
rehabilitation or developmental guidance on a regular basis,
for periods of less than 24 hours per day. Day care
facilities include, but are not limited to: family day care
homes, group family day care homes, day care centers, day
nurseries, training and habilitation services for adults,
day treatment programs, adult day care centers, and day
services.
Subd. 36. Department store: a business which is
conducted under a single owner's name wherein a variety of
unrelated merchandise and services 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. 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; or a parcel
of land which is included in a plat and which is at least
double the minimum size and which is thereby subject to
future platting prior to development; or a parcel of land
which is included in a plat and which is designated for
I i
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: a dwelling where a
State- licensed residential program, public or private, where
for gain or otherwise, regularly provides a 24- hour- per -day
substitute for care, food, lodging, training, education,
supervision, habilitation, rehabilitation, or treatment for
one or more persons, as defined by the State Human Services
Licensing Act, outside a person's own home, except in the
case of persons with mental retardation where the program
may be in the person's 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
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 Facility: 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 limited 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
4111 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.
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.
520.05 Subd. 2. One building. Except in the case of
planned unit developments only one principal may be located
on a lot.
That the Hopkins Zoning Ordinance No. 535 be and the same is
hereby amended with the following provisions:
530.06. Day Care Facility and Residential Facility. The
following are permitted in single family districts:
a) Day Care Facility serving 12 or fewer persons in a
single family detached dwelling.
b) Residential Facility serving 6 or fewer persons in
a single family detached dwelling.
The following are permitted in multiple family districts:
c) Day Care Facility serving 13 through 16 persons
operated on the premises of an allowed multiple family
dwelling or dwellings.
d) Residential Facility serving 7 -16 persons operated
on the premises of an allowed multiple family dwelling or
dwellings.
535.03 Subd. 2. E) Day Care Facility
1. said operation shall be licensed
That the Hopkins Zoning Ordinance No. 550 be and the
same is hereby added as follows:
Subd. 30. Handicapped multiple dwelling. At least 3/4
of a parking space for each dwelling unit.
1111
First Reading: February 2, 1993
Second Reading: February 16, 1993
Date of Publication: February 24, 1993
Date Ordinance Takes Effect: March 15, 1993
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk