V.1. First Reading: Zoning Ordinance Amendment – Vaping Establishments; AndersonNovember 26, 2014 Council Report.14-135
ZONING ORDINANCE AMENDMENT — VAPING ESTABLISHMENTS
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 14-80, approving
Ordinance 14-1083, amending the zoning ordinance permitting vaping studios in the B-2
zoning district, adding; a definition of a vaping studio and changing the definition of a tobacco
shop for first reading
At the Zoning and Planning meeting, Mr. Fisher moved and Mr. Tait seconded the motion to
adopt Resolution RZ14-15, recommending approval of Ordinance 14-1083, amending the
zoning ordinance permitting vaping studios in the B-2 zoning district, adding a definition of a
vaping studio and changing the definition of a tobacco shop. The motion was approved on a 5-
1 vote. Mr. Firth voted nay and Mr. McNeil abstained.
Overview
Every few years there is a new use. Vaping establishments are a new use where E -Cigarettes
are sold; individuals use E -Cigarettes and try various flavors or just come in and smoke E -
Cigarettes. The City Council is allowing one license for a vaping studio within the City. The
Zoning Ordinance currently allows a tobacco shop within the B-2 zoning district so the logical
next step is to allow a vaping establishment in the B-2 district.
This ordinance does not change other businesses selling E -Cigarettes as an accessory use, such
as a gas station.
Primary Issues to Consider
• Should vaping studios be allowed in the B-2 district?
• What are the amendments to the zoning ordinance?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Resolution 14-80
• Ordinance 14-1083
Nancy Anderson, Al P
City Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR14-135
Page 2
Primary Issues to Consider
Should vaping studios be allowed in the B-2 district?
Currently the zoning ordinance permits a pipe -tobacco shop in the B-2 zoning district. It would
be logical to keep the vaping establishment in the B-2 zoning district. The B-2 zoning district
is the downtown area. There are also restrictions on where a pipe -tobacco shop can go in
relation to schools, etc.; these would also apply to vaping establishments.
What are the amendments to the zoning ordinance?
515.07. Subd. 215. Tobacco Shop/Store: a retail establishment operated for the primary
purpose of merchandising and selling tobacco, tobacco products, or tobacco -related devices, as
those terms are defined in Section 1155.
515.07. Subd. 226. Vaping Establishment: A retail establishment operated for therp imary
purpose of merchandising selling_ sampling, and vaping of E -Cigarettes, as those terms are
defined in Section 1155.
535.01 89. 112. Ripe— Tobacco Shop/Store
B-2
535.01 116. Vaping Establishment
There are new definitions for a tobacco shop and vaping establishment
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed amendments. The Commission discussed whether the
B-2 zoning district was the appropriate zoning for a vaping establishment. No one appeared at
the public hearing.
Alternatives.
1. Approve the proposed 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 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: 2014-80
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING ZONING AMENDMENTS
WHEREAS, an application for Zoning Amendment ZN14-8 has been initiated by the City of
Hopkins.
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was initiated 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 25,
2014: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN14-
8 is hereby approved based on the following Findings of Fact:
1. That the City Council will issue one vaping studio license.
2. That the vaping studio will be permitted in the B-2 zoning district.
3. That the Zoning and Planning Commission reviewed the proposed
ordinance.
Adopted this 2nd day of December 2014.
By:
Eugene J. Maxwell, Mayor
ATTEST:
Amy Domeier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2014-1083
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS.
FOLLOWS:
That the Hopkins Zoning Ordinance No. 515 and 535 be, and the same and is
hereby amended by adding the following underlined language, which reads as follows:
515.07.' Subd. 215. Tobacco Shop/Store: a retail establishment operated for the primary
purpose of merchandising and selling tobacco, tobacco products, or tobacco -related
devices, as those terms are defined in Section 1155.
515.07. Subd. 226. Vgping Establishment: A retail establishment operated for the
primary 12pMose of merchandising, selling, sampling, and v4ping of E -Cigarettes, as
those terms are defined in Section 1155.
535.0189. 112. P4pe-- Tobacco Shop/Store
B-2
535.01116. Vqping Establishment (ax—
Other uses listed in Section 515 and 535 are to be renumbered accordingly.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
December 2, 2014
December 16, 2014
December 25, 2014
December 25, 2014
Eugene J. Maxwell, Mayor