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10-24-2017HOPKINS PLANNING & ZONING COMMISSION AGENDA Tuesday, October 24, 2017 6:30 pm THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF PLANNING & ZONING COMMISSION MEETING I.CALL TO ORDER II.ADOPT AGENDA III.OPEN AGENDA – PUBLIC COMMENTS/CONCERNS IV.CONSENT AGENDA 1.Minutes of the July 25, 2017, Planning & Zoning Commission meeting 2.Minutes of the August 22, 2017, Planning & Zoning Commission meeting V.PUBLIC HEARING 1.Planning Application 2017-05-TA: Pawnshops, Payday Loans, Currency Exchange & Coin Dealer 2.Planning Application 2017-10-TA: Small Cell Wireless Technologies (TABLED) 3.Planning Application 2017-14-TA: Day Nursery & Adult Daycare Facilities 4.Planning Application 2017-15-TA: Off-Street Parking Standards VI.OLD BUSINESS VII.NEW BUSINESS VIII.ANNOUNCEMENTS 1.2040 Comprehensive Plan Update – Cultivate Hopkins IX.ADJOURN UNOFFICIAL PLANNING & ZONING COMMISSION MINUTES July 25, 2017 A regular meeting of the Hopkins Planning & Zoning Commission was held on July 25, 2017, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Laura L. Daly, Kristin Hanneman, Brian Hunke, Matthew McNeil, Emily Wallace-Jackson and James Warden. Commissioner Libby Goeman was absent. Also present were Economic Development Intern Kurt Howard and City Planner Jason Lindahl. CALL TO ORDER Chair Hunke called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner McNeil moved, Commissioner Hanneman seconded, to adopt the agenda. The motion was approved unanimously. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS – none CONSENT AGENDA Commissioner Daly moved, Commissioner Warden seconded, to approve the minutes of the June 27, 2017, regular meeting. The motion was approved unanimously. NEW BUSINESS 1. Planning Application 2017-06-TA: Alternative Energy Systems Mr. Howard stated that this item has been initiated by staff to review the zoning code and identify barriers to the implementation of solar energy systems by residents and businesses in accordance with the Metropolitan Land Planning Act and the goals in Chapter 4 of the Hopkins Comprehensive Plan. Staff is participating in the SolSmart program, which provides free technical assistance to accomplish this objective, and preliminary stages of the program have included completion of a zoning review, which staff is asking the Commission to evaluate and provide feedback on to inform the preparation of a zoning code text amendment. SolSmart is a national designation program that offers high profile recognition for communities that have taken key steps to make it cheaper and easier to implement solar energy systems and signals to the solar energy business community that Hopkins invites economic development founded on principles of sustainability and environmental responsibility. The program addresses business process or administrative “soft” costs that increase time and money for installation. Designation is granted contingent on completion of a combination of required and elected steps for three levels of designation. Categories are weighted differently. Two foundational categories are (1) Permitting and (2) Planning, Zoning and Development. There are a number of other special focus categories. The City has submitted an initial application, which triggered a review of the city code by SolSmart to identify gaps and obstacles in the language that could be amended to further enable businesses and residents to install solar systems. Nine areas were identified. Staff proposes that the Commission examine the review and provide feedback. UNOFFICIAL Minutes of the Planning & Zoning Commission, July 25, 2017 – Page 2 Mr. Lindahl stated that although this is a national program, there is a local technical advisor working in the Met Council offices here, and staff has asked about issues specific to Hopkins, such as the landfill site, free-standing solar collectors, etc. This meeting serves to inform the Commission and have discussion before staff presents the actual ordinance for review. The City is not bound by any recommendation from SolSmart. Staff is looking at it from the viewpoint of what is good for Hopkins. In response to questions from Commission, Mr. Howard clarified which actions were required for specific designations. He stated there is a lot of latitude in selecting actions. Mr. Lindahl stated that the meeting tonight fulfills one requirement. In response to what can be expected to be achieved, Mr. Lindahl stated that technology advances such as Tesla shingles have and will continue to eliminate some of the need to regulate. Commissioners commented that solar PV systems amount to 50 percent of the cost and other hardware and soft costs amount to the other half. The Commission also asked about storage of energy and working with utility companies. 1. Planning Application 2017-07-TA: Sign Ordinance Update Mr. Lindahl stated that discussion at this meeting will review the sign ordinance examples submitted by the Commission last spring, a public hearing will be scheduled in the future, and sign regulations are unique in that the content cannot be regulated because of First Amendment rights. He stated traffic, safety and aesthetic concerns must be met to create regulations, and the City Attorney is reviewing current regulations and the pamphlet from the League of Minnesota Cities. Mr. Lindahl stated the goal is to streamline regulations City-wide. He presented an overview of examples of present and potential regulations and issues and the photos of “liked and disliked” signs that Commissioners submitted previously. Discussion included: • The thing that detracts from other community signage is uniformity; what’s nice about Hopkins is the character and difference of signs. • Don’t want “planned community” look. • Downtown district is west side of Sixth Avenue to east side of 13th Avenue. • City should take more active approach to maintenance of signage and signage that is no longer relevant being left up. • Want the new regulations to conform to what the market is driving. • Update is necessary to address free speech issue and to make regulations more clear to applicants, i.e., housekeeping issues. Also, some new types of signs, i.e., lighted, electronic, are being requested and are not addressed or may take away from historic look of Mainstreet. • East and west sections of Mainstreet have different regulations—should be reconsidered to have same regulations from 5th through end at west. • Should be designed for pedestrians. • Glen Lake area in Minnetonka is favorable example. • Encourage more historic-looking signs. • Shady Oak station shares area with Minnetonka; pedestrian needs should be considered. • Be sure regulations don’t cause too much expense for starter businesses. • Painting of window in child care building was discussed regarding whether it was considered signage. UNOFFICIAL Minutes of the Planning & Zoning Commission, July 25, 2017 – Page 3 • Blake Road/Excelsior corner signage was discussed—standards that require individual letters could be required. • Is it appropriate to have a tiered approach such as requirements vs. guidelines? ANNOUNCEMENTS Mr. Lindahl updated the Planning & Zoning Commission on the following items: 1. Pawn, Coin and Currency Exchange Zoning Amendment Discussion Staff feels that feedback from Commission and Council have reached a point of consistency, and the concern is how to deal with payday lending and not be too restrictive. Staff will take the Commission’s comments to the Council and then come back for final feedback, bringing all three uses together. Considering the Council’s schedule, this will probably be done in September. 2. 2040 Comprehensive Plan Update—Cultivate Hopkins The Council endorsed formation of an advisory committee, and the first meeting will be this Thursday. There were more applicants than would be manageable, so staff had to select members, trying to make the group demographically and geographically diverse and also considering owners vs. renters and gender. Still looking to fill demographic that has historic perspective (older generation). Approximately 1/3 of the group is familiar with city processes (2 Council members, 3 P&Z commissioners) and some with Citizens Academy experience or who have been otherwise engaged. The agenda for the first meeting is: (1) Comp Plan 101; (2) U of M professor on long-range planning issues; and, (3) consultants with summary of engagement and demographics profiles of city and how they fit together. The first meeting will “set the table” for subsequent meetings and try to mix in fun and conversation. Meeting times will be discussed and possibly adjusted at the first meeting, but are anticipated to be 5 to 8 meetings on Thursdays over the next 8 months from approximately 5:30 to 7:30 p.m. Chairman Hunke expressed the Commission’s gratitude to outgoing Commissioner Gary Newhouse for serving on the Commission and giving his time, viewpoints and dedication to City. He wished him good luck in his next endeavor. ADJOURN Commissioner McNeil moved, Commissioner Hanneman seconded, to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 8:16 p.m. Respectfully submitted, Shannon Smith UNOFFICIAL PLANNING & ZONING COMMISSION MINUTES August 22, 2017 A regular meeting of the Hopkins Planning & Zoning Commission was held on August 22, 2017, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Kristin Hanneman, Brian Hunke, and James Warden. Commissioners Laura L. Daly, Libby Goeman, Matthew McNeil and Emily Wallace-Jackson were absent. Also present were Economic Development Intern Kurt Howard and City Planner Jason Lindahl. CALL TO ORDER Chair Hunke called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner Hanneman moved, Commissioner Warden seconded, to adopt the agenda. The motion was approved unanimously. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS – none CONSENT AGENDA Since there was not a quorum of the Commission present, the minutes of the July 25, 2017, regular meeting could not be approved. PUBLIC HEARING PA 2017-11-CUP & VAR (WITHDRAWN) Mr. Lindahl stated that the Porkorny Plumbing business, which is grandfathered to do business without parking spaces, has put the building on the market. The application that was withdrawn was submitted by a medical business that the City has been talking to for several months but was unable address the parking space issue adequately. OLD BUSINESS 1. Planning Application 2017-06-TA: Alternative Energy Systems Mr. Howard reviewed the SolSmart program requirements and application and updated the Commission on staff’s goal of achieving the Silver designation from the program, which seems a reasonable yet meaningful goal. He presented a summary of necessary steps: • Creation of online solar permitting checklist • Cross-training of Inspections and Permitting staff • Provision for “Solar by Right” as an accessory use in all major zoning districts • Accural of at least 100 points from elective actions • Next steps: • Planning, Inspections, Fire departments coordinate and create permitting checklist • Creation of alternative energy ordinance • Submission of documentation of elective actions for approval by SolSmart UNOFFICIAL Minutes of the Planning & Zoning Commission, August 22, 2017 – Page 2 Comments from the Commission: Smart to include wind and geothermal with solar. Is staff time the only impediment to going for the Gold designation? Mr. Howard responded that under the Permitting Foundational category is the requirement to provide a streamlined permitting pathway for PV systems of no more than 3 days. If able to achieve, points for doing so would put the City above the requirement for Gold status. Mr. Lindahl stated that when ordinance is drafted staff will bring it back to the Commission, but the rest of the actions will be accomplished by staff. In response to a question regarding landfill use, Mr. Lindahl stated that the existing landfill ordinance allows solar as a use, but it needs to be verified that the ordinance meets Solsmart requirements. 2. Planning Application 2017-07-TA: Sign Ordinance Update Mr. Lindahl reviewed progress on the sign ordinance update. He stated that the City Attorney has reviewed the ordinance and stated the City is in a good position regarding content neutrality. The areas the Attorney cited were definition of abandoned signs, removal of unlawful signs (remove language reviewing content), staff discretion (clarify that if a proposed sign meets the requirements a permit shall be issued) and mechanisms for enforcement of removal of illegal signs and poorly maintained signs. These will be added to ordinance. This fulfills the due diligence requirement for the ordinance, and a more detailed discussion about standards for types of signs and where they are located will be the next step. Comments from the Commission: Good to hear we’re in relatively good shape. Agree with attorney. ANNOUNCEMENTS Mr. Lindahl updated the Planning & Zoning Commission on the following items: 1. 2040 Comprehensive Plan Update—Cultivate Hopkins A kick-off meeting for the Advisory Committee was held at end of July. The agenda included an explanation of the comp plan process, a professor from the U of M speaking on future planning challenges and emerging trends that could affect plan, and a very interesting discussion about planning trends nationally. Staff gave “Comp Plan 101” information to group and told them how staff envisions the framework of plan to go forward. Staff also compared national trends with Hopkins. The meeting concluded by discussing the four elements of the plan: built environment, social environment, natural environment and economic environment. The next meeting will focus on the built environment and land use to set the stage for the rest of the plan. Mr. Lindahl stated that Chairman Hunke and Commissioner Warden attended the meeting and asked for their comments. Chairman Hunke stated that he thought the meeting was great. He commented that he was impressed with Tom Fisher’s talk on emerging trends and comparison of national data with Hopkins data, i.e., nationally numbers of families with young children are decreasing while in Hopkins they are increasing. He also cited the increasing the diversity and the fact that 70 different languages are spoken by the children in the district. UNOFFICIAL Minutes of the Planning & Zoning Commission, August 22, 2017 – Page 3 Commissioner Warden agreed that it was a great meeting. Table seating facilitated meeting new people. He asked whether there were comments on social media. Mr. Lindahl stated it is hoped this will happen in the future to keep the comp plan in the public dialog. Mr. Lindahl pointed out that Professor Fisher talked about identifying underutilized resources in the community such as buildings, social, economic or environmental resources, using natural forces of the market to remove inefficiencies and maximize resources. Commissioner Hanneman asked whether presentations from that night were on the web site. Mr. Lindahl stated that yes, on the main page of cultivate Hopkins there is link to Advisory Committee. Unfortunately Professor Fisher did not provide a PowerPoint for his presentation, but there is a lot of good information from the night. Chairman Hunke stated that he has seen Professor Fisher before and he talks a lot about shared economies with less personal possessions and more services such as Spotify and shared driverless cars. 2. Artery The first section of the Artery is open to walk and drive. It includes historical markers on the pavement. The road will be completed by October. Staff is planning a grand opening in the spring when landscaping, lighting, etc., are complete. The Commission is encouraged to go see the results of their work and service to the community. ADJOURN Commissioner Warden moved, Commissioner Hanneman seconded, to adjourn the meeting. The motion was approved unanimously. The meeting adjourned at 7:10 p.m. Respectfully submitted, Shannon Smith October 24, 2017 Planning Application 2017-05-TA Zoning Code Text Amendment Related to Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers Proposed Action Staff recommends the following motion: Move to adopt Planning Commission Resolution 2017-04, recommending the City Council approve an ordinance amending Sections 515.07 (Definitions) and 535 (Business Districts) of the City Code related to zoning standards for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. Overview This application was initiated by staff to update the City’s zoning regulation for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. 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. Should the City approve the proposed zoning code text amendment, it would: 1. Establish new zoning definitions for “Pawnshops” and “Payday Loan Agencies.” 2. Reorganize Pawnshops, Currency Exchanges and Coin Dealers into more appropriate zoning categories and reclassify Pawnshops and Coin Dealers from permitted to conditional uses. 3. Establish Payday Loan Agencies as a new, distinct uses. 4. Revise conditional use standards for Currency Exchanges. 5. Establish new conditional use standards for Pawnshops, Payday Loan Agencies and Coin Dealers. Primary Issues to Consider • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non-Conformity Issues Supporting Documents • Planning and Zoning Commission Resolution 2017-04 • Draft Ordinance Amendment • Zoning Map _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Report 17-05-TA Page 2 Background In January 2017, the City Council approved a one-year moratorium on pawnshops, currency exchanges and coin dealers to give City staff sufficient time to study these uses and evaluate various options for regulation. This moratorium was put in place in part because Metro Transit plans to extend the Metro Green Line through Hopkins and, as part of this project, will acquire the City’s only pawnshop. This will likely facilitate this business relocating to another site within the community. As a result, the City believes this is the appropriate time to review the development regulations for these businesses. During their regular May and June meetings, the Planning & Zoning Commission reviewed the zoning and licensing standards for pawnshops, currency exchanges and coin dealers for Hopkins, selected metropolitan communities and the State of Minnesota. During that discussion, staff reviewed each of these regulations and asked the Commission for comments on appropriate zoning districts, classification (permitted vs. conditional use), and standards (separation, number per population, storefront appearance, etc.). Commissioners comments included: St. Louis Park provided the best model for zoning and licensing standards; with the possible exception of coin dealers, these uses should be eliminated from the B-2 zoning district and along Mainstreet; change zoning districts where practical or mandate CUP; City licensing standards should address business operation not zoning standards; the City Council should consider whether Hopkins should require a city license for these uses in addition to the state licensing requirements. Based on this discussion, staff prepared draft zoning regulations for these uses and presented them to the City Council during their September 12, 2017, work session. The City Council was generally supportive of the draft regulations, agreed to maintain city licensing for pawnshops but state licensing for the other uses, and suggested the Planning & Zoning Commission consider limiting the number of these uses in Hopkins based on population. The Council then directed staff to hold a public hearing on this item with the Planning & Zoning Commission before bringing it back to the City Council for final action. Primary Issues to Consider 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. Consistency with the Comprehensive Plan. The proposed zoning ordinance text amendment would update the City’s zoning regulation for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. Staff finds the proposed changes consistent with the applicable goals and implementation strategies from the Comprehensive Plan. The applicable goals or implementation strategies from the Comprehensive plan, along with staff’s findings for each, are detailed below. 1. 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 Planning Report 17-05-TA Page 3 enhance downtown Hopkins.” The proposed zoning changes would meet this goal by prohibiting Pawnshops, Payday Loan Agencies, Currency Exchanges or Coin Dealers in the B-2, Central Business district or on properties in the B-3 district along Mainstreet. Overall, the proposed zoning changes move these uses to more compatible areas in the B-3 and B-4 districts where there are larger commercial areas along higher capacity roads. 2. 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 Pawnshops, Payday Loan Agencies, Currency Exchanges or Coin Dealers 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 five changes to the zoning standards for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. These changes are consistent with the goals and implementation strategies of the Comprehensive Plan and will protect the health, safety and general welfare of the community by clarifying definitions, reorganizing and reclassifying these uses, updating conditions for Currency Exchanges and establishing new conditions for Pawnshops, Payday Loan Agencies and Coin Dealers. Each of the five proposed changes is detailed below. 1. Establish new zoning definition for Pawnshops and Payday Loan Agencies. Currently, the zoning ordinance does not define either of these uses. In addition, staff found there is often confusion between these uses and Currency Exchanges. Staff recommends establishing the following definitions for these uses which are consistent with the definitions used in state licensing statutes and surrounding communities. Pawnshop: A facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. Payday Loan Agency: Any business that has as its primary activity the providing of short- term loans for the borrower's own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. 2. Reorganize Pawnshops, Currency Exchanges and Coin Dealers into more appropriate zoning categories and reclassify Pawnshops and Coin Dealers from permitted to conditional uses. Pawnshops are currently a permitted use in the B-2 and B-3 districts; however, the only existing pawnshop in Hopkins (Pawn America located at 168 Blake Road North) is located in the B-4 district. Similarly, Currency Exchanges are currently a conditional use in the B-2 district but the two existing uses (Casablanca Market at 716 - 11th Avenue South and the US Grocery & Tobacco store at 520 Blake Road North) are both located in the B-3 district. Therefore, reorganizing Pawnshops from a permitted use in the B-2 and B-3 districts to a conditional use in the B-3 and B-4 districts and moving Currency Exchanges from conditional use in the B-2 district to a conditional use in the B-3 and B-4 districts will Planning Report 17-05-TA Page 4 make these existing uses conforming. There are no existing commercial Coin Dealers in Hopkins (only one that operates as a home occupation), so reorganizing Coin Dealers from a permitted use in the B-1 and B-2 districts to a conditional use in the B-3 and B-4 districts will not impact an existing business. Reorganizing these uses will also help achieve the City’s goal to protect and enhance Downtown Hopkins while allowing these uses in zoning districts more consistent with their business needs and separating them from other incompatible land uses. 3. Establish Payday Loan Agencies as a new, distinct uses. Currently, the zoning ordinance does not address this use. This use is becoming more common and has both similar and different characteristics to both Pawnshops and Currency Exchanges. Based on its characteristics, staff finds it should be classified as a conditional use in the B-3 and B-4 districts. 4. Revise conditional use standards for Currency Exchanges. Changes to these standards are necessary to bring the existing currency exchange uses closer to compliance with the zoning ordinance while still maintaining the City regulatory goals. The proposed zoning changes are detailed in the attached draft ordinance and include: • Prohibiting this use on properties in the B-3 district that abut Mainstreet. • Removing separation requirements from both residential and off-sale liquor uses. The two existing currency exchange uses do not meet these standards, and staff believes they are not necessary. • Revising window transparency standards. • Prohibiting outdoor storage, display or sales. • Requiring these businesses to obtain and maintain a State of Minnesota license. 5. Establish new conditional use standards for Pawnshops, Payday Loan Agencies and Coin Dealers. Reclassifying Pawnshops and Coin Dealers from permitted to conditional uses and establishing Payday Loan Agencies as a conditional use requires establishment of specific conditional use standards. As previously directed by the Planning & Zoning Commission and City Council, staff drafted these standards based on the City’s standards for Currency Exchanges as well as those standards used by the City of St. Louis Park. These standards are detailed in the attached draft ordinance and require these uses: • Are at least one thousand (1,000) feet from another pawnshop, payday loan agency, or coin dealer. • Are at least two hundred (200) feet from any residential or institutional use or district. • Are at least three hundred fifty (350) feet from an off-sale liquor establishment. • Are prohibited in the B-3, General Business District, along Mainstreet. • Do not have back-lighted signs, back-lighted awnings, portable signs, temporary signs or freestanding signs. • Have clear, transparent glass, free of obstruction for at least three feet into the store. • Do not cover more than 30 percent of the window area. • Do not have bars, chains or similar security devices that are visible from a public street or sidewalk. • Take place completely within an enclosed building. Outdoor storage, display or sales are prohibited. Planning Report 17-05-TA Page 5 • Obtain and maintain a City of Hopkins and/or State of Minnesota license. 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. As mentioned above, many of the proposed changes will bring these uses closer to compliance while still maintaining the City’s regulatory goals. Alternatives 1. Recommend approval of the proposed Zoning Code text amendment related to Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. By recommending approval, the City Council will consider a recommendation of approval. 2. Recommend denial of the proposed Zoning Code text amendment related Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers. By recommending denial, the City Council will consider a recommendation of denial. If the Planning Commission 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 PLANNING AND ZONING COMMISSION RESOLUTION NO. 2017-04 A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR PAWNSHOPS, PAYDAY LOAN AGENCIES, CURRENCY EXCHANGES AND COIN DEALERS WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers; WHEREAS, the procedural history of the application is as follows: 1. That the City Council adopted a Moratorium regarding the regulation of Pawnshops, Currency Exchanges and Coin Dealerships on January 3, 2017; 2. That an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for these uses was initiated by the City of Hopkins on April 21, 2017; 3. That the Hopkins Zoning and Planning Commission reviewed and discussed this item during their regular May 23 and June 27, 2017, meetings; 4. That the Hopkins City Council reviewed and discussed this item during their September 12, 2017, work session; 5. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on October 24, 2017: all persons present were given an opportunity to be heard; and, 6. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for Pawnshops, Payday Loan Agencies, Currency Exchanges and Coin Dealers is hereby recommended for approval 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 will protect the health, safety and general welfare of the City of Hopkins. Adopted this 24th day of October 2017. _________________ Brian Hunke, Chair CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2017-XXXX AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO PAWNSHOPS, PAYDAY LOAN AGENCIES, CURRENCY EXCHANGE AND COIN DEALERS THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 515.7, Definitions, is hereby amended to add the following: Pawnshop: A facility where money is loaned based on the value of goods deposited at the facility by the borrower of the money, which goods are held by the lender of the money occupying the facility as collateral for the loan. Items held by the lender which are not redeemed by a borrower may be put up for sale at the facility to the general public. The term pawnshop includes a facility where all or any part of the pawnshop activities are conducted. Payday Loan Agency: Any business that has as its primary activity the providing of short-term loans for the borrower's own personal, family, or household purpose which are usually for a period of forty-five (45) days or less. Payday loan agencies do not include banks. SECTION 2. 535 Subdivision 3, Permitted Uses, is hereby amended to add the following: Permitted Uses B-1 B-2 B-3 B-4 5. Antiques-Used Goods X X 34. Coin Dealer & Stamp X X (2)XKK (2)XKK 37. Currency Exchange (2)XEE (2)XEE (2)XEE 83. Pawnshops – Antiques-Used Goods X X (2)XKK (2)XKK 84. Payday Loan Agencies (2)XKK (2)XKK SECTION 3. 535 Subdivision 3, Conditional Use Requirements, is hereby amended as follows: EE) Currency Exchange provided: 1. The use shall be located at least one thousand (1,000) feet from all existing currency exchanges, secondhand goods stores, pawnshops and missions; 2. Within the B-3, General Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 3. The use shall be located at least two hundred (200) feet from a residential or institutional district; 4. The use shall be located at least three hundred fifty (350) feet from an off-sale liquor establishment; 3. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs shall be prohibited; 4. The window and door area of any existing first floor façade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level; 4. Windows must be of clear, transparent glass and be free of obstruction for at least three (3) feet into the store. Products may be displayed in the window provided the display, including signage, does not occupy more than 30 percent of the window area. 5. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level; 5. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 6. The use shall take place completely within an enclosed building. Outdoor storage, display or sales are prohibited. 7. Conformance of all applicable licensing requirements from the State of Minnesota. In any instance where the zoning regulations and the applicable licensing requirements conflict, the more restrictive shall apply. KK. Pawnshop, Payday Loan Agency or Coin Dealer provided: 1. The use shall be located at least one thousand (1,000) feet from another pawnshop, payday loan agency, or coin dealer. 2. The use shall be located at least two hundred (200) feet from any residential or institutional use or district. 3. The use shall be located at least three hundred fifty (350) feet from an off-sale liquor establishment. 4. Within the B-3, General Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 5. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs shall be prohibited. 6. Windows must be of clear, transparent glass and be free of obstruction for at least three feet into the store. Products may be displayed in the window, provided the display, including signage, does not occupy more than 30 percent of the window area. 7. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. 8. The use shall take place completely within an enclosed building. Outdoor storage, display or sales are prohibited. 9. Conformance of all applicable licensing requirements from the City of Hopkins and the State of Minnesota. In any instance where the zoning regulations and the applicable licensing requirements conflict, the more restrictive shall apply. SECTION 4. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: November 6, 2017 Second Reading: November 21, 2017 Date of Publication: November 30, 2017 Date Ordinance Takes Effect: November 30, 2017 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk R-2 R-1-D R-1-E INS R-1-C BP BP B-1 R-6 R-4 PUD BP I-2 I-2 I-1 I-2 BP R-1-B INS INS R-1-D R-1-C R-1-D I-1 R-4 R-5 B-4 I-2 R-2 R-1-A R-1-A INS I-2 R-!-B B-3 R-1-A R-4 R-4 I-2 I-2 I-1 INS INSB-2 R-1-C R-3 R-4 B-4 R-3 R-1-D INS R-1-A B-1 R-2 B-3 B-3 R-2 R-4 PUD B-3 B-4 R-4 R-1-C R-4 B-3 R-1-C R-4 B-3 R-1-A I-2 R-4 R-4 R-3B-3 B-3B-3 B-3 R-5 I-1 I-1 R-1-A R-4 B-2 B-3 B-3 B-3 R-4 R-3 R-1-C R-1-CR-2 R-2 B-3 B-3 B-3 R-4 R-4 B-1 I-2 B-1 R-5R-5 R-4 R-3 R-1-C B-4 TextR-2 Closed Landfill Restricted BP BP City of Hopkins Zoning Map ³ ZONING DISTRICTS R-1-A Single and Two Family High 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) October 24, 2017 Planning Application 2017-10-TA Zoning Code Text Amendment Related to Small Cell Wireless Facilities Proposed Action Staff recommends the following motion: Move to table this item and direct staff to gather more information and report back to the Planning & Zoning Commission at a future meeting. Overview During the 2017 legislative session, the State passed a provision that allows small cell wireless equipment to be placed on city-owned infrastructure. “Small cell facilities” is a broad term for the types of cell sites that support antennas plus other equipment in a network to add data capacity. Staff has been working with the City Attorney to ensure compliance with the new state law. The City Attorney has provided the Public Works Department with the necessary amendment to the City’s Right-of-Way Ordinance. Those changes are scheduled to go before the City Council in November. The City Attorney has also been working with the Planning Department on optional changes to the Zoning Ordinance. Based on the recommendation from the City Attorney, staff asks the Planning & Zoning Commission to table this item to a future meeting to allow more time for review of appropriate zoning regulations. _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: October 24, 2017 Planning Application 2017-14-TA Zoning Code Text Amendment Related Day Nursery and Adult Daycare Facilities Proposed Action Staff recommends the following motion: Move to adopt Planning Commission Resolution 2017- 05, recommending the City Council approve an ordinance amending Sections 515.07 (Definitions) and 535 (Business Districts) of the City Code related to zoning standards for Day Nursery (Child Daycare) and Adult Daycare Facilities. Overview This application was initiated by staff to update the City’s zoning regulation for Day Nursery (Child Daycare) and Adult Daycare Facilities. The proposed changes are intended to address land use and transportation challenges with how both child and adult daycare facilities operate within Downtown and along Mainstreet. 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. Should the City approve the proposed zoning code text amendment, it would: 1. Update definitions for “Child Daycare Facility” and “Adult Daycare Facility.” 2. Revise the existing conditional use permit standards to address the land use and transportation challenges with how these uses operate within Downtown and along Mainstreet. Primary Issues to Consider • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non-Conformity Issues Supporting Documents • Planning and Zoning Commission Resolution 2017-05 • Draft Ordinance Amendment • Zoning Map _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Report 17-14-TA Page 2 Background Over time, staff has noticed land use and transportation challenges with how both child and adult daycare facilities operate within Downtown and along Mainstreet. Existing daycare facilities tend to have exteriors that are closed-off and promote privacy. By contrast, the City’s goal for Downtown and Mainstreet is to have building fronts that promote a connection to the adjacent streets and sidewalks with transparent widows and direct pedestrian access. In addition, the denser land use pattern with buildings that cover most of the lot leaves little space for necessary drop-off and pick-up space for vehicles. To this point, staff attempted to manage these challenges through the general conditional use permit standards already part of the ordinance. The proposed zoning ordinance text amendment would provide detailed standards for child and adult daycare facilities that more specifically address these challenges. Primary Issues to Consider 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. Consistency with the Comprehensive Plan. The proposed zoning ordinance text amendment would update the City’s zoning regulation for child and adult daycare facilities. Staff finds the proposed changes consistent with the applicable goals and implementation strategies from the Comprehensive Plan and the City Council’s 2017 Goals and Strategic Plan. The applicable goals and strategies are detailed below. 1. 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.” The proposed zoning changes would meet this goal by prohibiting child or adult daycare facilities on properties within B-2, Central Business District, that also abut Mainstreet and providing specific off-street parking and loading standards necessary to support these uses. 2. 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 child and adult daycare facilities will revise the specific standards necessary to implement the City’s goal to protect and enhance downtown. In addition to the Comprehensive Plan the City Council also creates an annual strategic plan. This plan includes the goal—Urban Design: Do it Right with the action step of “explore ways to enhance the Mainstreet experience.” The proposed zoning changes support this goal and action step by creating specific standards to address the land use and transportation challenges from daycare facilities in Downtown and along Mainstreet. Planning Report 17-14-TA Page 3 Zoning Standards. The proposed zoning ordinance text amendment would revise the existing definitions and conditional use permit standards for child and adult daycare facilities. Currently, the definitions for these uses are inconsistent with the terminology used in other parts of the City Code and State Statute. The existing conditional use permit standards only require daycare facilities be licensed and do not address the land use and transportation challenges created by these uses. The final versions of the proposed changes are provided below. Detailed edits are provided on the attached draft ordinance. 1. Update zoning definition. Adult Daycare Facility: A licensed facility for the supervised care of adults, providing activities such as meals and socialization one or more days a week during specified daytime hours. Child Daycare Facility: A licensed facility in which care is provided for one or more children as defined and regulated per M.S.A.245. 2. Revise conditional use standards for Child or Adult Daycare Facilities. Child or Adult Daycare Facilities provided: 1. Shall obtain and maintain all applicable state, county or city licenses. 2. Within the B-2, Central Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 3. Conformance with all off-street parking requirements including provision of at least one parking space for each six children based on the licensed capacity of the child daycare facility or at least one (1) stall for each five (5) participants based on state licensed capacity of the adult daycare. 4. Conformance with all loading requirements. Child daycare facilities shall provide at least two (2) off-street drop-off/pick-up stalls for vehicles. Adult daycare facilities shall provide at least one (1) loading area for a van or bus. Such stalls or loading areas shall be located on private property and designed so as to not interfere with traffic and pedestrian movements. 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. There are currently two existing daycare facilities impacted by the proposed zoning changes. Planning Report 17-14-TA Page 4 The first is Resources and Childcare Center located at 715 Mainstreet (corner of 8th Avenue North and Mainstreet). This use would become non-conforming because it is located on a property within the B-2 District that also abuts Mainstreet. The second facility is Open Circle located at 34 - 10th Avenue South (west of Downtown Park). In this case, the use remains conforming because it is located on a property within the B-2 District but does not abut Mainstreet. However, the existing building covers the entire property leaving no space for off- street loading of the bus that brings clients to and from the site. As a result, Open Circle’s bus has no alternative but to stop in front of their business within 10th Avenue, creating traffic and circulation issues. A third daycare facility, Noah’s Ark, located at 1410 Mainstreet in the Central Park Square shopping center, is not impacted by the proposed zoning changes. This property is located within the B-3, General Business District, and has off-street parking and loading. Alternatives 1. Recommend approval of the proposed Zoning Code text amendment related to Child and Adult Daycare Facilities. By recommending approval, the City Council will consider a recommendation of approval. 2. Recommend denial of the proposed Zoning Code text amendment related Child and Adult Daycare Facilities. By recommending denial, the City Council will consider a recommendation of denial. If the Planning Commission 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 PLANNING AND ZONING COMMISSION RESOLUTION NO. 2017-05 A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR CHILD AND ADULT DAYCARE FACILITIES WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for Child and Adult Daycare Facilities; 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 these uses was initiated by the City of Hopkins on September 22, 2017; 2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on October 24, 2017: 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 an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for Child and Adult Daycare Facilities is hereby recommended for approval 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 will protect the health, safety and general welfare of the City of Hopkins. Adopted this 24th day of October 2017. _________________ Brian Hunke, Chair CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2017-XXXX AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO CHILD AND ADULT DAYCARE FACILITIES THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 515.7, Definitions, is hereby amended as follows: Subd. 5. Adult Daycare Facility: a licensed facility for the supervised care of adults, providing activities such as meals and socialization one or more days a week during specified daytime hours. Subd. 61. Day Child Daycare Facility: a licensed facility in which care is provided for one or more children as defined and regulated per M.S.A.245. (Amended Ord. No. 87-601) (Amended Ord. No. 14-1069) SECTION 2. 535.03 Subdivision 2.E, Conditional Uses Requirements, is hereby amended as follows: Child or Adult Daycare Facilities provided: 1. Said operation shall be licensed. Shall obtain and maintain all applicable state, county and city licenses. 2. Within the B-2, Central Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 3. Conformance with all off-street parking requirements including provision of at least one parking space for each six children based on the licensed capacity of the child daycare facility or at least one (1) stall for each five (5) participants based on state licensed capacity of the adult daycare. 4. Conformance with all loading requirements. Child daycare facilities shall provide at least two (2) off-street drop-off/pick-up stalls for vehicles. Adult daycare facilities shall provide at least one (1) loading area for a van or bus. Such stalls or loading areas shall be located on private property and designed so as to not interfere with traffic and pedestrian movements. SECTION 3. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: November 6, 2017 Second Reading: November 21, 2017 Date of Publication: November 30, 2017 Date Ordinance Takes Effect: November 30, 2017 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk R-2 R-1-D R-1-E INS R-1-C BP BP B-1 R-6 R-4 PUD BP I-2 I-2 I-1 I-2 BP R-1-B INS INS R-1-D R-1-C R-1-D I-1 R-4 R-5 B-4 I-2 R-2 R-1-A R-1-A INS I-2 R-!-B B-3 R-1-A R-4 R-4 I-2 I-2 I-1 INS INSB-2 R-1-C R-3 R-4 B-4 R-3 R-1-D INS R-1-A B-1 R-2 B-3 B-3 R-2 R-4 PUD B-3 B-4 R-4 R-1-C R-4 B-3 R-1-C R-4 B-3 R-1-A I-2 R-4 R-4 R-3B-3 B-3B-3 B-3 R-5 I-1 I-1 R-1-A R-4 B-2 B-3 B-3 B-3 R-4 R-3 R-1-C R-1-CR-2 R-2 B-3 B-3 B-3 R-4 R-4 B-1 I-2 B-1 R-5R-5 R-4 R-3 R-1-C B-4 TextR-2 Closed Landfill Restricted BP BP City of Hopkins Zoning Map ³ 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) October 24, 2017 Planning Application 2017-15-TA Zoning Code Text Amendment Related To Off-Street Parking Standards Proposed Action Staff recommends the following motion: Move to adopt Planning Commission Resolution 2017-06, recommending the City Council approve an ordinance amending Sections 550.01 the City Code related to zoning standards for Off-Street Parking. Overview The applicants, Barbara and Hohsen Zadeh, request an amendment to Section 550 of the City Code - Off-Street Parking Standards. The Zadehs made this request because they are seeking a tenant for their property at 1605 Mainstreet and are finding it challenging to meet the current off-street parking standards. The owner of the property at 65 – 7th Avenue South, Paul Pokorny, is experiencing similar challenges with his property. The proposed zoning ordinance text amendment would revise the City’s off-street parking regulations to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. 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. Should the City approve the proposed zoning code text amendment, it would: 1. Revise the City’s parking regulations to allow off-street parking reductions for on-street parking, transit service or bicycle parking. Primary Issues to Consider • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non-Conformity Issues Supporting Documents • Planning and Zoning Commission Resolution 2017-06 • Draft Ordinance Amendment • Zoning Map _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Report 17-15-TA Page 2 Background The West Mainstreet Overlay District includes properties within the B-3, General Business District, along Mainstreet from the west side of 13th Avenue to Shady Oak Road (see attached zoning map). This area includes a mix of small, older and underutilized properties, post-World War II auto related business and strip malls. With a few exceptions, the area has not seen the same level of reinvestment and redevelopment as the east end of Mainstreet and Downtown. Similar conditions also exist along 2nd Street South between 6th and 7th Avenues South. By comparison, the east end of Mainstreet and Downtown benefit from the City’s district parking system to provide parking for their users and customers. Under this systems, properties in the B-2, Central Business District are exempt from the City’s off-street parking requirements. Staff believes the zoning regulations governing development of these areas contribute to this situation. One of these regulations is the requirement for each site to provide adequate off- street parking to accommodate the users of each site. The requirement to provide off-street parking has the effect of encouraging lower density, auto-oriented uses incompatible with the City’s goals of pedestrian and transit-oriented Mainstreet. Primary Issues to Consider 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. Consistency with the Comprehensive Plan. The proposed zoning ordinance text amendment would update the City’s zoning regulation related to off-street parking standards to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. Staff finds the proposed changes consistent with the applicable goals and implementation strategies from the Comprehensive Plan and the City Council’s 2017 Goals and Strategic Plan. The applicable goals and strategies are detailed below. 1. Continue to coordinate land use and transportation needs. An effective transportation network is vital to the future of Hopkins and its redevelopment efforts. This goal calls on the City to continually assess the relationships between land use and transportation in two ways: by assessing the impacts of redevelopment on the existing transportation systems and, in some cases and locations, assessing the impacts that new transportation improvements will have on land use. Staff finds the proposed off-street parking changes will improve the relationship between land use and transportation in these targeted areas by allowing for on-street parking and encouraging the use of transit and bicycles. 2. 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 Planning Report 17-15-TA Page 3 implementation strategy to review and update the City’s zoning and subdivision regulations. Updating the zoning regulations for off-street parking will revise the specific standards necessary to implement the City’s goals. In addition to the Comprehensive Plan the City Council also creates an annual strategic plan. Applicable goals and action steps from that document include preserving the community’s home town feel, supporting transit-oriented development and enhancing the Mainstreet experience. The proposed zoning changes support these goals and action steps and will encourage reinvestment and redevelop in these targeted areas. Zoning Standards. The proposed zoning ordinance text amendment would revise the City’s off-street parking regulations to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. It is important to note that the proposed zoning change will not assign on-street parking areas to any particular property. Staff estimates these changes could allow properties in the West Mainstreet Overaly District access to approximately 100 existing on-street parking spaces. Along 2nd Street South between 6th and 7th Avenues South, there are 26 on-street spaces (12 in front of Pokorny, 11 in front of Hammerlund and 3 in front of Wrap City). The final version of the proposed changes is provided below. Detailed edits are provided on the attached draft ordinance. Section 550.01, Subdivision 2. Off-Street Parking Exception and Reductions. Except in any B-2 district, and in any lot or parcel of a B-3 district which abuts upon a B-2 district, the owner or occupant of all parcels and lots in a B district shall provide such an off street parking area as is required by this code. B-2 and B-3 premises separated only by a public road are deemed to be abutting. The following off-street parking reductions may be utilized jointly or separately. A. On-Street Parking Credit. Properties located in the West Mainstreet Overlay District or having frontage along 2nd Street South between 6th Avenue South and 7th Avenue South may reduce their off-street parking requirements on a one-for-one basis through the use of on- street parking abutting to the parcel. To qualify, adequate pedestrian access must be available between the principal structure and all on-street parking spaces. On-street parking reductions may be approved by the Zoning Administrator, subject to a determination by the City Engineer that adequate off-street parking will be available to accommodate vehicles during snow removal and other periods of parking restrictions. B. Transit Service. Properties in the West Mainstreet Overlay District may reduce their off- street parking requirement by five (5) percent for any parcel located within one-quarter of a mile of a transit stop. To qualify, adequate pedestrian access must be available between the transit stop and the parcel. C. Bicycle Parking. Properties in the West Mainstreet Overlay District may reduce their off- street parking requirement by up to five (5) percent by providing bicycle parking. In calculating the reduction, each required off-street parking space is equal to five (5) bicycle parking spaces. Such bicycle parking shall be located on private property and an approved surface. Planning Report 17-15-TA Page 4 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 these case, the zoning changes will offer new ways for properties in the West Mainstreet Overlay District and along 2nd Street South between 6th and 7th Avenues South to meet the City’s off-street parking requirements and will not create any new non- conformities. Alternatives 1. Recommend approval of the proposed Zoning Code text amendment related to Off-Street Parking Standards. By recommending approval, the City Council will consider a recommendation of approval. 2. Recommend denial of the proposed Zoning Code text amendment related to Off-Street Parking Standards. By recommending denial, the City Council will consider a recommendation of denial. If the Planning Commission 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 PLANNING AND ZONING COMMISSION RESOLUTION NO. 2017-06 A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 550.01 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR OFF-STREET PARKING WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for Off-Street Parking Standards; WHEREAS, the procedural history of the application is as follows: 1. That an application to amend Sections 550.01 of the City Code related to zoning standards for Off-Street Parking Standards was initiated by the City of Hopkins on September 22, 2017; 2. That the Hopkins City Council reviewed and discussed this item during their October 17, 2017 meeting; 3. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on October 24, 2017: all persons present were given an opportunity to be heard; and, 4. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that an application to amend Sections 550.01 of the City Code related to zoning standards for Off-Street Parking Standards is hereby recommended for approval 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 will protect the health, safety and general welfare of the City of Hopkins. Adopted this 24th day of October 2017. _________________ Brian Hunke, Chair CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2017-XXXX AN ORDINANCE AMENDING SECTIONS 550.01 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR OFF-STREET PARKING THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 550.01 Subdivision 2, B-3 Districts, is hereby amended as follows: Subd. 2. B-3 districtsOff-Street Parking Exception and Reductions. Except in any B-2 district, and in any lot or parcel of a B-3 district which abuts upon a B-2 district, the owner or occupant of all parcels and lots in a B district shall provide such an off-street parking area as is required by this code. B-2 and B-3 premises separated only by a public road are deemed to be abutting. The following off-street parking reductions may be utilized jointly or separately. A. On-Street Parking Credit. Properties located in the West Mainstreet Overlay District or having frontage along 2nd Street South between 6th Avenue South and 7th Avenue South may reduce their off-street parking requirements on a one-for-one basis through the use of on-street parking abutting to the parcel. To qualify, adequate pedestrian access must be available between the principal structure and all on-street parking spaces. On-street parking reductions may be approved by the Zoning Administrator, subject to a determination by the City Engineer that adequate off-street parking will be available to accommodate vehicles during snow removal and other periods of parking restrictions. B. Transit Service. Properties in the West Mainstreet Overlay District may reduce their off-street parking requirement by five (5) percent for any parcel located within one-quarter of a mile of a transit stop. To qualify, adequate pedestrian access must be available between the transit stop and the parcel. C. Bicycle Parking. Properties in the West Mainstreet Overlay District may reduce their off-street parking requirement by up to five (5) percent by providing bicycle parking. In calculating the reduction, each required off-street parking space is equal to five (5) bicycle parking spaces. Such bicycle parking shall be located on private property and an approved surface. SECTION 2. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: November 6, 2017 Second Reading: November 21, 2017 Date of Publication: November 30, 2017 Date Ordinance Takes Effect: November 30, 2017 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk