VII.3. Comprehensive Plan Amendment and Rezoning for Land Annexed into Hopkins from St. Louis Park; Lindahl (CR2016-024)
February 29, 2016
Council Report 2016-024
Comprehensive Plan Amendment and Rezoning For
Land Annexed Into Hopkins from St. Louis Park
Proposed Action: Staff recommends the following motions:
Move to adopt City Council Resolution 2016-029, approving a Comprehensive Plan
Amendment establishing the land use designation for the properties located at 8000 and
8050 Powell Road and 4101 and 4103 Texas Avenue South as Mixed Use.
Move to adopt City Council Resolution 2016-030, approving Ordinance 2016-1110
establishing the zoning for the properties at 8000 and 8050 Powell Road and 4101 and 4103
Texas Avenue South as Business Park.
Overview
This application was initiated by staff to assign future land use and zoning classifications to
property annexed into Hopkins from St. Louis Park. This transaction was processed through an
annexation that was approved by Hopkins, St. Louis Park and the State of Minnesota Office of
Administrative Hearings at the end of 2015. Subject properties are located at 8000 and 8050
Powell Road and 4103 and 4101 Texas Avenue South. This memo reviews background
information, the City’s legal authority for these applications, and the primary issues to consider
for both the Comprehensive Plan amendment and rezoning. Based on the findings detailed
below, staff recommends all four properties be assigned a future land use designation of Mixed
Use and a zoning classification of Business Park.
Primary Issues to Consider
Comprehensive Plan amendment standards
Rezoning standards
Supporting Documents
City Council Resolution 2016-029
City Council Resolution 2016-30
Ordinance 2016-1110
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Council Report 2016-024
Page 2
Planning Commission Action.
On February 23, 2016, the Zoning and Planning Commission reviewed Planning applications
2016-07-AMD (Comprehensive Plan amendment) and 2016-08-RZ (rezoning) to establish the
future land use designation and zoning classification for properties recently annexed from the
City of St. Louis Park. After hearing a summary presentation from staff, the Commission held a
public hearing that produced no comment. The Commission discussed how to address the
existing nonconforming outdoor storage and the process for amending the Comprehensive Plan
and then recommended the City Council approve both applications.
Background
The Japs Olson property at 7630 Excelsior Boulevard had the Hopkins/St. Louis Park city
boundary running through the lot and building. Japs Olson wanted to expand their building,
and acquired 7630 Excelsior Boulevard. To facilitate this expansion, Hopkins swapped its
portion of 7630 Excelsior Boulevard for the properties at 8000 and 8050 Powell Road and 4103
and 4101 Texas Avenue South. This transaction was processed through an annexation that was
approved by Hopkins, St. Louis Park and the State of Minnesota Office of Administrative
Hearings at the end of 2015.
Legal Authority. This application includes a Comprehensive Plan amendment and rezoning.
Amendments to the Comprehensive Plan are considered legislative actions, meaning that the
City is formulating public policy. The City may amend the Comprehensive Plan after a public
hearing before the Planning Commission and a two-thirds majority vote by the City Council.
These applications also require notification to the surrounding communities and approval by the
Metropolitan Council. 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, Zoning Ordinance and Subdivision Ordinance 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 – Comprehensive Plan Amendment
The City adopted the Comprehensive Plan in 2009. This document includes the Future Land
Use Map, which details the land use designations for each property in the community. When
properties are annexed into the community, they come in without a land use designation and one
must be assigned to them. After reviewing the Comprehensive Plan and consulting with the
property owner about his future intention for the property, staff recommends assigning a future
land use designation of Mixed Use.
The subject property is located approximately one-fourth mile from the future Blake Road LRT
station. The Comprehensive Plan includes the general goal to influence transportation. This
goal includes an implementation strategy that efforts should be made to support the Southwest
Light Rail Transit line. Assigning the Mixed Use future land use category to these parcels will set
the stage for future redevelopment around the Blake Road station that will support the
Southwest Light Rail Transit line.
According to the Comprehensive Plan, the Mixed Use category is intended to capture
anticipated redevelopment initiatives associated with the proposed LRT stations. Each station
area is likely to redevelop in a mixed-use type fashion. The density range for this future land
Council Report 2016-024
Page 3
use category establishes a minimum threshold of 30-plus units per acre. It is assumed the
Mixed Use category will develop at 60 percent residential and 40 percent commercial.
State law requires local governments to inform surrounding communities of any Comprehensive
Plan amendments and allow a 60 days comment period. The City will distribute notice of the
proposed Comprehensive Plan amendment to surrounding local governments after action by
the Planning and Zoning Commission. All comments received within the 60 days review period
will be included with the formal Comprehensive Plan amendment application submitted to the
Met Council after final action by the City Council.
Primary Issues to Consider – Rezoning
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. As with the future land use
designation, the subject properties do not have an existing zoning classification, since they
were just recently annexed into Hopkins from St. Louis Park. In this case, staff recommends
zoning the subject properties as Business Park.
Consistency with the Comprehensive Plan. The proposed Business Park zoning classification
is consistent with the goals and policies of the Comprehensive Plan. All of the adjacent properties
in Hopkins are guided as Business Park; therefore, assigning a Business Park zoning classification
is consistent with the Comprehensive Plan.
Compatibility with Present and Future Land Uses. The subject properties are compatible
with surrounding present and future land uses. According to the owner, the subject properties
include a mix of office, warehouse and outdoor storage uses. Currently, the subject properties are
surrounded by other office/warehouse uses and the Comprehensive Plan guides the adjacent
properties as Business Park.
Existing Conditions
Address Condition
8000 Powell Road Existing industrial building
8050 Powell Road Vacant lot with slight encroachment by the existing building to the
south
4101 Texas Avenue South Vacant lot
4103 Texas Avenue South Vacant lot abutting the west side of 8000 Powell Road
Conformance with New Zoning Standards. While the subject properties generally conform to
the Business Park performance standards (lot size, setbacks, building height, etc.) and permitted
uses (office, warehouse), they fail to meet the district’s outdoor storage limitations. Outdoor
storage is prohibited with the Business Park. The existing outdoor storage is an historic use that
was in place when the properties were annexed into Hopkins from St. Louis Park. As a result,
staff recommends designating the existing outdoor storage as a legal nonconforming use that
would be allowed to continue but cannot be expanded (see nonconformities section below).
Availability of Utilities. The subject properties are connected to municipal water and sewer
services as required by the City. According to the annexation agreement, the waterline in Powell
Council Report 2016-024
Page 4
Road will remain under the jurisdiction of St. Louis Park.
Nonconformities. 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; however, it should be noted that by statute,
the City may prohibit any nonconformity that ceases for a period of more than one year.
Alternatives
1. Approve the Comprehensive Plan amendment/rezoning application. By approving these
applications, the City Council will establish a Mixed Use future land use designation and a
Business Park zoning classification for the properties recently annexed from the City of St.
Louis Park.
2. Deny the Comprehensive Plan amendment/rezoning applications. By denying these
applications, the properties recently annexed from the City of St. Louis Park will not have a
Future Land Use or Zoning classification. If the City Council considers this alternative,
findings will have to be identified that support this alternative.
3. Continue for further information. If the Planning Commission indicates that further
information is needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2016-029
A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT ESTABLISHING
THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT 8000 AND 8050
POWELL ROAD AND 4101 AND 4103 TEXAS AVENUE SOUTH AS MIXED USE.
WHEREAS, the City of Hopkins initiated an application to amend the Comprehensive Plan to
establish the land use designation for the properties annexed from St. Louis Park located at 8000 and
8050 Powell Road and 4101 and 4103 Texas Avenue South as mixed use; and,
WHEREAS, the subject properties are legally described as follows:
8000 Powell Road (PID: 2011721230024) – Lot 3, Block 1, Morse Industrial Subdivision; and,
8050 Powell Road (PID: 20117212300080) - N 250 FT OF S 262 5/10 FT OF W 332 5/10 FT
OF E 1243 8/10 FT OF SW 1/4 OF NW ¼; and,
PID: 2011721230009 - COM AT A PT IN THE W LINE OF SW 1/4 OF NW 1/4 DIS 108 8/10
FT S FROM THE SELY LINE OF C M ST P AND P R R R&W TH S TO SW COR OF SW 1/4
OF NW 1/4 TH E 426 2/10 FT TO A PT IN THE S LINE THEREOF DIS 885 3/10 FT W
FROM SE COR THEREOF TH N 12 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE
LEFT 358 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE RT 267 3/10 FT TH NELY
ON A TANGENTIAL CURVE HAVING A RADIUS OF 1206 94/100 FT A DIS OF 136
57/100 FT TH CONT NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 491
67/100 FT A DIS OF 375 86/100 FT TH CONT NELY ON A TANGENTIAL CURVE
HAVING A RADIUS OF 607 27/100 FT A DIS OF 144 32/100 FT TO A PT 8 FT SELY
FROM THE SELY LINE OF SAID R&W TH NWLY 8 FT TO A PT IN SAID R&W LINE 410
55/100 FT NELY FROM ITS INTERSEC WITH THE W LINE OF SEC TH SWLY 255 35/100
FT ALONG SAID R&W LINE TH SWLY ON A 11 DEG CURVE TO BEG; and,
PID: 2011721230010 - COM AT THE INTERSECTION OF SLY LINE OF THE R R MAIN
LINE OF R&W AND W LINE OF SW 1/4 OF NW 1/4 TH NELY ALONG SAID SLY RR
R&W LINE A DIS OF 155 2/10 FT TH SWLY ON AN 11 DEG CURVE TO THE LEFT TO A
PT IN THE W LINE OF NW 1/4 A DIS 108 8/10 FT S FROM BEG TH N TO BEG.
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend the Comprehensive Plan 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 a Comprehensive Plan amendment establishing the land use designation for the
properties annexed from St. Louis Park located at 8000 and 8050 Powell Road and 4101 and 4103 Texas
Avenue South as Mixed Use based on the following Findings of Fact:
1. The Comprehensive Plan amendment is consistent with the goals and implementation
strategies of the Comprehensive Plan.
BE IT FURTHER RESOLVED that application for amending the Comprehensive Plan is
hereby approved subject to the following condition:
1. Approval of the Comprehensive Plan amendment by the Metropolitan Council.
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
RESOLUTION NO: 2016-030
A RESOLUTION APPROVING ORDINANCE 2016-1110 ESTABLISHING THE ZONING FOR
THE PROPERTIES AT 8000 AND 8050 POWELL ROAD AND 4101 AND 4103 TEXAS
AVENUE SOUTH AS BUSINESS PARK
WHEREAS, the City of Hopkins initiated an application to establish the zoning for the
properties annexed from St. Louis Park located at 8000 and 8050 Powell Road and 4101 and 4103 T exas
Avenue South as Business Park; and,
WHEREAS, the subject properties are legally described as follows:
8000 Powell Road (PID: 2011721230024) – Lot 3, Block 1, Morse Industrial Subdivision; and,
8050 Powell Road (PID: 20117212300080) - N 250 FT OF S 262 5/10 FT OF W 332 5/10 FT
OF E 1243 8/10 FT OF SW 1/4 OF NW ¼; and,
PID: 2011721230009 - COM AT A PT IN THE W LINE OF SW 1/4 OF NW 1/4 DIS 108 8/10
FT S FROM THE SELY LINE OF C M ST P AND P R R R&W TH S TO SW COR OF SW 1/4
OF NW 1/4 TH E 426 2/10 FT TO A PT IN THE S LINE THEREOF DIS 885 3/10 FT W
FROM SE COR THEREOF TH N 12 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE
LEFT 358 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE RT 267 3/10 FT TH NELY
ON A TANGENTIAL CURVE HAVING A RADIUS OF 1206 94/100 FT A DIS OF 136
57/100 FT TH CONT NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 491
67/100 FT A DIS OF 375 86/100 FT TH CONT NELY ON A TANGENTIAL CURVE
HAVING A RADIUS OF 607 27/100 FT A DIS OF 144 32/100 FT TO A PT 8 FT SELY
FROM THE SELY LINE OF SAID R&W TH NWLY 8 FT TO A PT IN SAID R&W LINE 410
55/100 FT NELY FROM ITS INTERSEC WITH THE W LINE OF SE C TH SWLY 255 35/100
FT ALONG SAID R&W LINE TH SWLY ON A 11 DEG CURVE TO BEG; and,
PID: 2011721230010 - COM AT THE INTERSECTION OF SLY LINE OF THE R R MAIN
LINE OF R&W AND W LINE OF SW 1/4 OF NW 1/4 TH NELY ALONG SAID SLY RR
R&W LINE A DIS OF 155 2/10 FT TH SWLY ON AN 11 DEG CURVE TO THE LEFT TO A
PT IN THE W LINE OF NW 1/4 A DIS 108 8/10 FT S FROM BEG TH N TO BEG.
WHEREAS, the procedural history of the application is as follows:
1. That the rezoning application 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 2016-1110 establishing the zoning for the properties at 8000 and 8050
Powell Road and 4101 and 4103 Texas Avenue South as Business Park based on the following Findings
of Fact:
1. The Rezoning application is consistent with the goals and implementation strategies of
the Comprehensive Plan.
BE IT FURTHER RESOLVED that application for amending the Comprehensive Plan is
hereby approved subject to the following conditions:
1. Approval of the Comprehensive Plan amendment by the City of Hopkins.
2. Approval of the Comprehensive Plan amendment by the Metropolitan Council.
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. 2016-1110
AN ORDINANCE ESTABLISHING THE ZONING FOR THE PROPERTIES AT 8000
AND 8050 POWELL ROAD AND 4101 AND 4103 TEXAS AVENUE SOUTH AS
BUSINESS PARK
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the there was no present zoning classification upon the following described properties
annexed from St. Louis Park, which are hereby assigned a zoning classification of Business Park
The legal description of the properties to be rezoned is as follows:
8000 Powell Road (PID: 2011721230024) – Lot 3, Block 1, Morse Industrial Subdivision;
and,
8050 Powell Road (PID: 20117212300080) - N 250 FT OF S 262 5/10 FT OF W 332 5/10 FT OF E 1243
8/10 FT OF SW 1/4 OF NW ¼; and,
PID: 2011721230009 - COM AT A PT IN THE W LINE OF SW 1/4 OF NW 1/4 DIS 108 8/10 FT S
FROM THE SELY LINE OF C M ST P AND P R R R&W TH S TO SW COR OF SW 1/4 OF NW 1/4
TH E 426 2/10 FT TO A PT IN THE S LINE THEREOF DIS 885 3/10 FT W FROM SE COR
THEREOF TH N 12 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE LEFT 358 5/10 FT TH
DEFLECTING 90 DEG 03 MIN TO THE RT 267 3/10 FT TH NELY ON A TANGENTIAL CURVE
HAVING A RADIUS OF 1206 94/100 FT A DIS OF 136 57/100 FT TH CONT NELY ON A
TANGENTIAL CURVE HAVING A RADIUS OF 491 67/100 FT A DIS OF 375 86/100 FT TH CONT
NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 607 27/100 FT A DIS OF 144 32/100
FT TO A PT 8 FT SELY FROM THE SELY LINE OF SAID R&W TH NWLY 8 FT TO A PT IN SAID
R&W LINE 410 55/100 FT NELY FROM ITS INTERSEC WITH THE W LINE OF SEC TH SWLY
255 35/100 FT ALONG SAID R&W LINE TH SWLY ON A 11 DEG CURVE TO BEG; and,
PID: 2011721230010 - COM AT THE INTERSECTION OF SLY LINE OF THE R R MAIN LINE OF
R&W AND W LINE OF SW 1/4 OF NW 1/4 TH NELY ALONG SAID SLY RR R&W LINE A DIS OF
155 2/10 FT TH SWLY ON AN 11 DEG CURVE TO THE LEFT TO A PT IN THE W LINE OF NW
1/4 A DIS 108 8/10 FT S FROM BEG TH N TO BEG.
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