Zoning Amendment/Conditional Use Permits t Y 0
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111/ June 21, 1993 y Planning Report ZN93 -5
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ZONING AMENDMENT CONDITIONAL USE PERMITS
Proposed Action.
Staff recommends the following motion: Move to approve
Resolution RZ93 -16 recommending approval of Ordinance 93 -727
amending section 525 of the Zoning Ordinance.
ur o_,vl i nt 5Usly c ,rv- caam
Overview. 1" Q
In conjunction with a recent conditional use permit request,
staff has become concerned that the existing portion of the
Zoning Ordinance should be amended. Staff feels that the
Zoning Ordinance is not written in a manner to specifically
allow broad discretion of the part of the Council to require
compliance with reasonable conditions.
The attached ordinance strengthens the language which allows
the City Council to place conditions on conditional use
permits.
The City Attorney has reviewed the proposed amendments and
found them acceptable.
Primary Issues to Consider.
o How will the proposed amendments change the
requirements for a conditional use permit?
o What are the specific changes to the Ordinance as
proposed?
o What are the staff concerns in this matter?
Supporting Documents.
o Analysis of Issues
o Ordinance 93 -727
o Resolution RZ93 -16 PrthilD
Nan S. Anderson, AICP
Plan er
ZN93 -5
Page 2
1 111
Primary Issues to consider.
o How will the proposed amendments change the
requirements for a conditional use permit?
The proposed amendments will not change the requirements of
a conditional use permit. The reason for the proposed
amendments is to strength the Zoning Ordinance regarding
placing conditions on conditional use permits.
o What are the specific changes to the Ordinance as
proposed?
The proposed ordinance adds a section allowing the City
Council to imposed conditions on conditional use permits.
Also added in the standards section of conditional use
permits additional language was added on the reviewing of
the vehicular and pedestrian circulation.
o What are the staff concerns in this matter?
Staff wants to add language to the Zoning Ordinance that
will specifically state that the City Council can add
1111 reasonable conditions to a conditional use permit.
Alternatives.
1. By recommending approval of the zoning amendment, the
City Council will consider a recommendation of approval
for the zoning amendment.
2. By recommending denial of the zoning amendment, the
City Council will consider a recommendation of denial
for the zoning amendment.
3. Continue for further information. If the Commission
indicates that further information is needed the item
should be continued.
4111
1111 CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ93 -16
RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING
APPROVAL OF AN APPLICATION FOR AN ORDINANCE AMENDMENT
WHEREAS, an application for an Ordinance Amendment ZN 93 -5 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 ordinance amendment ZN 93 -5 was filed
with the City of Hopkins on May 28, 1993.
2. That the Hopkins Planning Commission reviewed such application on
June 29, 1993.
3. That the Hopkins Planning Commission, pursuant to published
notice, held a public hearing on the application on June 29,
1993: all persons present at the hearing were given an
opportunity to be heard.
4. That the written comments and analysis of the City staff and the
Planning Commission were considered.
NOW THEREFORE, BE IT RESOLVED that the application for ordinance
amendment ZN 93 -5 is hereby recommended for approval based on the
following Findings of Fact:
1. That the City has the authority to require a conditional use
permit for certain uses within zoning districts.
2. That the City has determined that reasonable conditions can
be added to conditional use permits.
Adopted this 29th day of June, 1993.
John T. Hutchison, Chairman
411/
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 93 -727
ORDINANCE AMENDING SECTION 525 OF THE HOPKINS ZONING
ORDINANCE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN
AS FOLLOWS:
That the Hopkins Zoning Ordinance No. 525 be and the
same is hereby amended by amending and adding the following
sections:
525.13. Conditional use permit. Subdivision 1. General
rule. Certain uses, may or may not be suitable in a
particular zoning district, depending upon the suitability
of the circumstances. When such circumstances are found to
exist, and the use will not adversely affect the health,
safety or general welfare of residents of the surrounding
area or the community as a whole, a conditional use permit
may be granted. Conditions may be applied to the granting
of the permit and periodic review of the permit may be
required. The permit shall be granted for a particular use
and not for a particular person. The cancellation of a
conditional use permit if not protected by nonconforming use
rights, shall be considered equivalent to a rezoning, and
the procedural requirements of a rezoning apply.
Subd. 15. Standards.
d) 4) vehicular and pedestrian circulation, including
walkways, interior drives and parking in terms of location
and number of access points to the public streets, width of
interior drives and access points, general interior
circulation, separation of pedestrian and vehicular traffic
and arrangements and amount of parking.
vehicular traffic generated by a use shall be channeled and
controlled in a manner which will avoid congestion or
interference with other vehicular transportation systems or
pedestrian traffic and which will avoid creating traffic
hazards or excessive traffic through residential areas. The
adequacy of any proposed traffic circulation system to
accomplish these objectives shall be determined by the City,
which may require such additional measures for traffic
control as it may deem necessary, including by not limited
to the following: directional signalization, channelization.
standby turn lanes sidewalks, removal of access points, and
moving of access points.
S Subd. 16. Conditions on Issuance.
The council may impose conditions and require guarantees in
the granting of conditional use permits. Any use permitted
under the terms of any conditional use permit shall be
established and conducted in conformity to the terms of such
permit and of any conditions designated in connection
therewith.
First Reading: July 6, 1993
Second Reading: July 20, 1993
Date of Publication: July 28, 1993
Date Ordinance Takes Effect: August 17, 1993
Charles D. Redepenning, Mayor
ATTEST:
11/1 James A. Genellie, City Clerk
410