VII.2. Zoning Code Text Amendment and Rezoning; Lindahl (CR2016-023)
February 29, 2016
Council Report 2016-023
Zoning Code Text Amendment and Rezoning
Proposed Action: Staff recommends the following motions:
Move to adopt City Council Resolution 2016-020, approving Ordinance 2016-1108
amending Section 542 of the City Code related to permitted uses in the Institutional
District.
Move to adopt City Council Resolution 2016-021, approving Ordinance 2016-1109 rezoning
the properties at 11000 Excelsior Boulevard (Hopkins Pavilion and Public Works buildings)
and 101 - 17th Avenue South (Fire Station) from R-5, High Density Multifamily, to
Institutional.
Overview
This application was initiated by staff to update the permitted uses allowed in the Institutional
district and bring the zoning classification of the properties at 11000 Excelsior Boulevard
(Hopkins Pavilion and Public Works buildings) and 101- 17th Avenue South (Fire Station) into
compliance with the future land use designation in the Comprehensive Plan. 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 these requests.
Primary Issues to Consider
Text Amendment Standards
Rezoning standards
Supporting Documents
City Council Resolution 2016-020
Ordinance 2016-1108
City Council Resolution 2016-021
Ordinance 2016-1109
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Council Report 2016-023
Page 2
Planning Commission Action On February 23, 2016, the Zoning and Planning Commission
reviewed Planning applications 2016-05-TA (Zoning Code text amendment) and 2016-06-RZ
(rezoning) for the Public Works, Pavilion and Fire Station site. After hearing a summary
presentation from staff, the Commission held a public hearing that produced no comment. The
Commission asked general questions about the City’s electronic sign standards and then
recommended the City Council approve both applications.
Background
The Public Works department would like to add an electronic sign to its facility at 11000
Excelsior Boulevard. This type of sign is not allowed under their current R-5, High Density
Multifamily zoning, but may be allowed under Institutional zoning. The Future Land Use Map
guides the subject property as Institutional; therefore, rezoning the property from R-5, High
Density Multifamily, to Institutional would bring the site into compliance with the
Comprehensive Plan and potentially allow the placement of an electronic sign; however, the
Pavilion, Public Works building and fire station are currently not allowable uses in the
Institutional district, so a zoning text amendment is also required to add these facilities as
permitted uses in the Institutional district. Overall, staff sees this process as a “housekeeping”
item that will bring the site into conformance with the Comprehensive Plan while also
facilitating placement of an electronic sign.
Legal Authority. This application includes a zoning code text amendment and rezoning.
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. By comparison, rezoning applications are considered
quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations
within the Comprehensive Plan and Zoning Code are being followed. Generally, if these
applications meet the City's established requirements they must be approved. Staff’s review of
each application is provided below.
Primary Issues to Consider – Text Amendment
Consistency With the Comprehensive Plan. The proposed zoning ordinance text
amendment is consistent with the Comprehensive Plan. According to the Comprehensive Plan,
the Institutional land use category is intended to capture public and semi-public uses including
schools, churches, City Hall and other civic uses; therefore, adding “Public or Governmental
Services” as a permitted use in the Institutional zoning district will provide greater consistency
between the Comprehensive Plan and the Zoning Code.
The Comprehensive Plan identifies strategies to implement its goals. One such strategy is to
review and update the City’s zoning and subdivision regulations. Updating the zoning
regulations for the Institutional district to add “Public or Governmental Services” will establish
the existing Pavilion, Public Works and Fire Station as permitted uses in this district and
formalize the existing land use pattern.
Zoning Standards. The proposed zoning ordinance text amendment would add “Public or
Governmental Services” as a permitted use in the Institutional district. As a result, these uses
Council Report 2016-023
Page 3
would be allowed in the district. As noted above, adding these uses is consistent with the goals
and policies of the Comprehensive Plan.
Primary Issues to Consider – Rezoning
After adding Public and Governmental Services as a permitted use within the Institutional district,
the subject properties must be rezoned from R-5, High Density Multifamily, to Institutional.
There are four key criteria for the City to weigh when considering a rezoning request. These
criteria and staff's findings for each are outlined below.
Consistency with the Comprehensive Plan. Rezone the properties at 11000 Excelsior
Boulevard (Hopkins Pavilion and Public Works buildings) and 101 - 17th Avenue South (Fire
Station) from R-5, High Density Multifamily, to Institutional is consistent with the Comprehensive
Plan. The Future Land Use Map guides the subject property as Institutional; therefore, rezoning
the property from R-5, High Density Multifamily, to Institutional is consistent with the
Comprehensive Plan.
Compatibility with Present and Future Land Uses. The subject property is surrounded by
other public and institutional uses to the north and east, single family residential to the west and
commercial and office/warehouse uses to the south. Staff finds these uses are compatible and the
proposed rezoning will not change this land use pattern.
Conformance with New Zoning Standards. Generally, the existing Pavilion, Public Works
building and fire station conform to the development standards of the Institutional district. Any
element of the existing site or building that did not meet the standards of the Institutional district
would be considered legal nonconforming and allowed to continue through repair, replacement,
restoration, maintenance, or improvement, but not through expansion. As a result, any changes to
these sites would be required to meet the regulations of the Institutional district.
Availability of Utilities. The subject properties are connected to municipal sewer and water
services as required by the City.
Alternatives
1. Approve the zoning code text amendment/rezoning applications. By approving these
applications, the City will add “Public or Governmental Services” as a permitted use in the
Institutional District and rezone the properties at 11000 Excelsior Boulevard (Public Works
and Pavilion) and 101 - 17th Avenue South (Fire Station) from R-5, High Density
Multifamily Residential, to Institutional.
2. Deny the Zoning Code text amendment/rezoning. By denying these applications, the
changes noted above would not occur and the Public Works site would not eligible for an
electronic sign. 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: 2016-020
A RESOLUTION APPROVING ORDINANCE 2016-1108 AMENDING SECTION 542 OF THE
CITY CODE RELATED TO PERMITTED USES IN THE INSTITUTIONAL DISTRICT
WHEREAS, the City of Hopkins initiated an application to amend Section 542 of the City Code
related to zoning standards for the Institutional district; and,
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend Section 542 of the City Code related to zoning standards for
the Institutional district was initiated by the City of Hopkins on January 20, 2016; and,
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 2016-1108, amending Section 542 of the City Code related to permitted uses
in the Institutional District 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.
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. 2016-1108
AN ORDINANCE AMENDING SECTION 542 OF THE CITY CODE RELATED TO
PERMITTED USES IN THE INSTITUTIONAL DISTRICT
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That Section 542 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:
524.01. Permitted Uses.
One-family detached dwellings and two-family detached dwellings are permitted uses in the
Institutional district, but are subject to all provisions of Section 530 applicable thereto, which
provisions are incorporated in this section. Public or governmental services including city
offices, public administration buildings and the like are also permitted uses.
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
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2016-021
A RESOLUTION APPROVING ORDINANCE 2016-1109 REZONING THE PROPERTIES AT
11000 EXCELSIOR BOULEVARD (HOPKINS PAVILION AND PUBLIC WORKS
BUILDINGS) AND 101 - 17TH AVENUE SOUTH (FIRE STATION) FROM R-5, HIGH
DENSITY MULTIFAMILY, TO INSTITUTIONAL
WHEREAS, the City of Hopkins initiated an application to rezone the properties at 11000
Excelsior Boulevard (Hopkins Pavilion and Public Works buildings) and 101 - 17th Avenue South (Fire
Station) from R-5, High Density Multifamily, to Institutional; and,
WHEREAS, the subject properties are legally described as follows:
PID 24-117-22-33-0005
THAT PART OF THE SW 1/4 OF SW 1/4 LYING S OF N 608 12/100 FT THEREOF AND W
OF THE CTR LINE OF 16TH AVE EXTENDED S ALSO THAT PART OF THE SW 1/4 OF
SW 1/4 LYING S OF N 638 27/100 FT AND W OF THE E LINE OF 15TH AVE EXTENDED
S AND E OF THE CTR LINE OF 16TH AVE EXTENDED S EX R R R&W LAND AND ST.
WHEREAS, the procedural history of the application is as follows:
1. That an application to rezone the subject properties was initiated by the City of Hopkins
on January 20, 2016; and,
2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and 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 2016-1109 rezoning the properties at 11000 Excelsior Boulevard (Hopkins
Pavilion and Public Works buildings) and 101- 17th Avenue South (Fire Station) from R-5, High
Density Multifamily, to Institutional based on the following Findings of Fact:
1. The rezoning is consistent with the goals and implementation strategies of the
Comprehensive Plan.
BE IT FURTHER RESOLVED that the rezoning application is hereby approved subject to the
following condition:
1. Approval of a Zoning Code text amendment adding “Public or Governmental Services”
as a permitted use in the Institutional district.
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. 2016-1109
AN ORDINANCE REZONING THE PROPERTIES AT 11000 EXCELSIOR
BOULEVARD (HOPKINS PAVILION AND PUBLIC WORKS BUILDINGS) AND
101 -17TH AVENUE SOUTH (FIRE STATION) FROM R-5, HIGH DENSITY
MULTIFAMILY, TO INSTITUTIONAL
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of R-5, High Density Multifamily, upon the following
described premises is hereby repealed, and in lieu thereof, the said premises are hereby zoned as
Institutional.
The legal description of the property to be rezoned is as follows:
PID 24-117-22-33-0005
THAT PART OF THE SW 1/4 OF SW 1/4 LYING S OF N 608 12/100 FT THEREOF AND W
OF THE CTR LINE OF 16TH AVE EXTENDED S ALSO THAT PART OF THE SW 1/4 OF
SW 1/4 LYING S OF N 638 27/100 FT AND W OF THE E LINE OF 15TH AVE EXTENDED
S AND E OF THE CTR LINE OF 16TH AVE EXTENDED S EX R R R&W LAND AND ST.
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