VII.1. First Reading: Zoning Code Text Amendment Related to Theaters; Lindahl (CR2016-022)
February 29, 2016 Council Report 2016-022
Zoning Code Text Amendment Related To Theaters
Proposed Action: Staff recommends the following motion:
Move to adopt City Council Resolution 2016-027, approving Ordinance 2016-1107
amending Sections 515.07 and 535 of the City Code related to zoning standards for theaters.
Overview
This application was initiated by staff to bring the Zoning Code in line with recent changes to
the City Liquor licensing regulations related to Theaters. Should the City approve the proposed
Zoning Code text amendment, it would:
1. Create a new zoning definition for theaters consistent with the definition used in the liquor
license regulations;
2. Establish theaters under this definition as permitted uses in the B-2, Central Business, and B-
3, General Business districts; and,
3. Replace the “Theater, Non-Drive-In” use title with the term “Theater, Multiplex” to match
the Zoning Code definition.
This memo reviews the City’s legal authority for this type of application, the proposal’s
consistency with the Comprehensive Plan, the proposed zoning standards and potential non-
conformity issues. Based on the findings made below, staff recommends approval of this
request.
Primary Issues to Consider
Consistency with the Comprehensive Plan
Zoning Standards
Potential Non-Conformity Issues
Supporting Documents
City Council Resolution 2016-027
Ordinance 2016-1107
Applicant’s narrative
Zoning Map
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Council Report 2016-022
Page 2
Planning Commission Action .
On February 23, 2016, the Zoning and Planning Commission reviewed Planning application
2016-04-TA (zoning code text amendment) to bring the Zoning Code in line with recent
changes to the City Liquor licensing regulations related to Theaters. After hearing a summary
presentation from staff, the Commission held a public hearing that produced no comment.
After some general conversation about the definition for theaters and the relationship between
the zoning changes and the recent changes to the City’s Liquor license regulations, the
Commission recommended the City Council approve this application.
Background
In November of 2015, Michael Edlavitch and Teresa Angier petitioned the City Council to
amend the City’s liquor license regulations to allow on-sale licenses to be issued to theaters (see
attached narrative). The City Council reviewed and approved an ordinance to allow this request
on February 2 and 16, and the change took effect on February 25.
According to Mr. Edlavitch and Ms. Angier, they intend to open the Royal Comedy Theatre at
805 Mainstreet. They plan to be open Tuesday through Saturday from 8 pm to 11:30 pm, with
performances starting at 9 pm. Their business model includes concession sales in the lobby
before, during and after each show. Concessions would include alcoholic beverages similar to
many of the other theaters in Minneapolis and greater Minnesota. Now that the City Council
has revised the liquor regulations to allow comedy clubs to serve alcohol, the zoning regulations
must be updated to specifically allow this type of theater use.
Legal Authority. Zoning Code amendments are legislative actions in that the City is creating
new standards to regulate the development of certain types of uses and/or structures. Under the
law, the City has wide flexibility to create standards that will ensure the type of development it
desires; however, zoning regulations must be reasonable and supported by a rational basis
relating to promoting the public health, safety and welfare.
Primary Issues to Consider
Consistency With the Comprehensive Plan. The proposed zoning ordinance text
amendment to bring the Zoning Code in line with recent changes to the City Liquor licensing
regulations related to theaters is consistent with the goals and implementation strategies of the
Comprehensive Plan. The applicable goals or implementation strategies from the
Comprehensive plan, along with staff’s findings for each, are detailed below.
Protect and Enhance Downtown Hopkins
Findings: The Comprehensive Plan identifies eight primary goals to guide future
development in Hopkins. The most applicable goal to this application is to “protect and
enhance downtown Hopkins.” This goal goes on to state the City should make efforts to
retain existing downtown businesses and attract new specialty retail, entertainment and
restaurant businesses to Mainstreet. The proposed zoning ordinance text amendment would
allow theaters (more specifically, in this case comedy clubs) as a new type of entertainment
business in downtown. This proposal has the added benefit of potentially drawing new
customers to downtown that should also support existing businesses.
Council Report 2016-022
Page 3
Review and Update Zoning and Subdivision Regulations
Findings: In addition to the eight primary goals, the Comprehensive Plan identifies
strategies to implement these goals. Specifically, the Comprehensive Plan identifies the
implementation strategy to review and update the City’s zoning and subdivision regulations.
Updating the zoning regulations for theater uses will detail the specific standards necessary
to implement the City’s goal to protect and enhance downtown.
Zoning Standards. The proposed zoning ordinance text amendment would make three
changes to the zoning standards to allow theaters as a permitted use in the B-2, Central Business,
and B-3, General Business, districts (see attached map). These changes are consistent with the
goals and implementation strategies of the Comprehensive Plan and recent changes to the City’s
liquor license standards. Each of the three proposed changes is detailed below.
Create a new zoning definition for theaters. “Theater - a building containing an auditorium
in which live dramatic, musical, dance, or literary performances are regularly presented to
holders of tickets for those performances. Theater shall not be interpreted to include any
adult-oriented business included in Section 1165 – Adult Establishments.” This definition
is based on Minnesota Statute 340A.101, Subdivision 27a (Liquor Definitions) and
consistent with the definition recently added to the City’s liquor license regulations. It
should be noted that staff added the second sentence in this definition to prevent any
connection with this type of theater and adult establishments regulated under Section 1165.
The City Attorney has reviewed and approved this definition.
Establish theaters under this definition as permitted uses in the B-2, Central Business, and B-
3, General Business, districts. In addition to creating a new zoning definition for theaters,
the permitted uses within the B-2 and B-3 districts must be updated to include this specific
use. To this end, staff recommends revising Section 535 of the City Code that lists
permitted uses in the Business district to include theaters as a permitted use in the B-2 and
B-3 districts.
Replace the “Theater, Non-Drive-In” use title with the term “Theater, Multiplex” to match
the Zoning Code definition. Currently, the definition and use titles used to allow movie
theaters in the Zoning Code are inconsistent. The definition title used in the zoning
regulation is “Theater, multiplex” while the title listed in the permitted use section is
“Theater, Non-Drive-In.” Staff recommends replacing the “Theater, Non-Drive-In” use
title with “Theater, Multiplex” to make the use title consistent with the definition title.
Nonconformities. As with any change to the City’s regulations, this zoning ordinance text
amendment has the potential to create sites that are non-conforming or do not meet the new
proposed standard. According to Minnesota Statute 462.357, Subdivision 1e., legal
nonconformities generally have a statutory right to continue through repair, replacement,
restoration, maintenance, or improvement but not through expansion. These rights run with the
land and are not limited to a particular landowner. If the benefited property is sold, the new
owner will have the same rights as the previous owner. In this case, no nonconformities will be
created as a result of the proposed changes because they create new regulations for a new type of
Council Report 2016-022
Page 4
use. In fact, the purposed changes that eliminate inconsistencies between the definition and use
titles used to allow movie theaters in the Zoning Code should actually reduce the potential for
future nonconforming issues.
Alternatives
1. Approve the Zoning Code text amendment related to theaters. By approving this
application, the City will create a new zoning definition for theaters; establish theaters under
this definition as permitted uses in the B-2 and B-3 districts.
2. Deny the Zoning Code text amendment related to theaters. By denying this application,
none of the above changes will occur and the Royal Comedy Theater would not be a
permitted use in Hopkins. 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: 2016-027
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE ORDINANCE 2016-
1107 AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO ZONING
STANDARDS FOR THEATERS.
WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of
the City Code related to zoning standards for theaters; and,
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend Sections 515.07 and 535 of the City Code related to zoning
standards for theaters was initiated by the City of Hopkins on December 23, 2015;
2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a
public hearing on the application and reviewed such application on February 23, 2016: all
persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves Ordinance 2016-1107 amending Sections 515.07 and 535 of the City Code related to
zoning standards for theaters based on the following Findings of Fact:
1. The zoning ordinance text amendment is consistent with the goals and implementation
strategies of the Comprehensive Plan and recent changes to the City’s liquor license
standards.
Adopted by the City Council of the City of Hopkins this 29th day of February 2016.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1107
AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE
CITY CODE RELATED TO ZONING STANDARDS FOR THEATERS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That Sections 515.07 and 535 of the Hopkins City Code is the same and is hereby amended by
adding the following underlined language and deleting the following strikethrough language,
which reads as follows:
515.07. Definitions.
Theater - a building containing an auditorium in which live dramatic, musical, dance, or literary
performances are regularly presented to holders of tickets for those performances. Theater shall
not be interpreted to include any adult-oriented business included in Section 1165 – Adult
Establishments.
535 Subdivision 3. Permitted Uses.
Permitted Uses B-1 B-2 B-3 B-4
Theater X X
Theater – Non-Drive-In, Multiplex X X
First Reading: February 29, 2016
Second Reading: March 15, 2016
Date of Publication: March 24, 2016
Date Ordinance Takes Effect: March 24, 2016
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
____________________ ______________
City Attorney Signature Date
R-2
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TextR-2
Closed Landfill Restricted
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City of Hopkins Zoning Map
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ZONING DISTRICTS
R-1-A Single and Two Family Hig h Density
R-1-B Single Family High Density
R-1-C Single Family Medium Density
R-1-D Single Family Low Density
R-1-E Single Family Low Density
R-2 Low Density Multiple Family
R-3 Medium Density Multiple Family
R-4 Medium High Density Multiple Family
R-4 PUD
R-5 High Density Multiple Family
R-6 Medium Density Multiple Family
B-1 Limited Business
B-2 Central Business
B-3 General Business
B-4 Neighborhood Business
Business Park
Institutional
I-1 Industrial
I-2 General Industrial
Mixed Use
Closed Landfill Restricted (CLR)