CR2002-129-rezoningJuly 31, 2002 Council Report 02-129
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REZONING/COMPREHENSIVE PLAN - B-1 AREA
Pranased Action.
Move to adapt Resolution 02-71, recommending approval of Ordinance 02-$70, rezonin the B-1 area
along Second Avenue, north of Seventh Street, from B-1, Limited Business1to Business Park for first
reading.
Move to adopt Resolution 02-72, recommending approval of a Comprehensive Plan amendment from
Business Park to Commercial far the sites south of Seventh Street.
At the Zoning and Planning meeting Ms. Hatcher moved and Ms. Halverson seconded to approve
Resolutions RZ02-1 and RZ02-18, recommending approval of the rezoning and Comprehensive Plan
amendment. The motion was approved unanimously,
Overview.
There is a small area along Highway 169, just east of the new SUPERVALU warehouse, that is currently
zoned B-l, Limited Business. The new Comprehensive Plan has designated the area as Business Park.
State statute requires that the Comprehensive Plan and the zoning be consistent. This is the fourth
property being considered far rezoning following the adoption of the new Comprehensive Plan. Overall
within the City, most of the parcels are consistent with the same zoning and Comprehensive Plan
designation.
At the City Council meeting, the City Council referred this issue to a workshop session to discuss options.
At the workshop session, the Council referred this item back to the Commission for discussion. At the
June Zoning and Planning meeting, the Commission directed staff to draft and ordinance that would
• rezone the properties north of Seventh Street to Business Park. The properties south of Seventh will
remain B-1, but the Comprehensive Plan designation will have to be amended to Commercial.
Primary Issues to Consider.
• How has the Comprehensive Plan designated the subject area?
• What is the difference between the B-1 and Business Fark zonings?
• Should the sites north of Seventh Street be rezoned to Business Park?
• Should the sites south of Seventh Street have the Comprehensive Plan amended?
• What was the discussion at the Zoning and Planning meeting?
Sunnortin~ Documents
• Analysis of issues
• Comprehensive Plan
• Site map
• Uses allowed in B-1 and Business Fark
• Resolution 02-71/Resolution 02-72
• Ordinance 02-870
n
~r~~n~,~ ~~~~~~~:~~
Nancy` Anderson, AICP
Planner
Financial Impact: $ NIA Budgeted: YIN Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR02-129
Page 2
• Primary Iss~~es to Consider,
How has the Comprehensive Plan designated the subject area?
The new Comprehensive Plan has designated the area as Business Park. With the proposed zoning
change, the zoning and the Comprehensive Plan designation will be consistent for the properties north of
Seventh Street.
What is the difference between the B-I and Business Park zonings?
The B-1 district allows limited business. Retail is allowed, but it is very limited and is not an intense
retail area. The majority of uses allowed in the Business Park district are office-type uses. The Business
Park district will allow a percentage of the building for warehousing. Business Park zoning also has
standards for the type of building that can be constructed and does not allow any storage outside.
The area that is zoned B-1 has office uses, a health clinic and a nursing home. The office uses in this area
are permitted in the Business Park district. Hopkins Health Care is now a legal non-conforming use, and
after the rezoning it will have the same status. The Aspen Clinic will become non-conforming. Attached
is a list of the uses allowed in the B-1 and Business Park districts.
• Should the sites north of Seventh Street be rezoned to Business Park?
. At the time the new Comprehensive Plan was being discussed, the rationale for changing this area to
Business Park was the characteristics of the area. The businesses have the appearance of a business park
area. The state statute requires that the Comprehensive Pian and the zoning ordinance be consistent. If
there is a decision that the area should be left B-1, the Comprehensive Plan will be amended to reflect this
designation.
Should the sites south of Seventh Street have the Comprehensive Plan amended?
If the sites south of Seventh Street are not rezoned, the Comprehensive Plan will have to be amended to
Commercial. Amending the Comprehensive Plan and not rezoning will keep Aspen Clinic a conforming
use.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the reasons for the rezoning and Comprehensive Plan amendment.
The public hearing was opened at 6:35 p.m. Two residents from Park Valley appeared before the
Commission. Both were concerned about allowing truck traffic on Second Avenue.
Ms. Anderson stated that at this time there were no plans to allow trucks on Second Avenue and that the
Business Parking zoning does limit the amount of warehousing.
•
CR02-129
Page 3
Alternatives.
l . Approve the rezoning and the Comprehensive Plan amendments.
2. Approve the rezoning north of Seventh Street and amending the Comprehensive Plan for the sites
south of Seventh Street to Commercial.
3. Continue for further information. If the City Council indicates that further information is needed,
the item should be continued.
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Hopkins City Code (Zoning) 535.01
{Revised 10-15-96)
S ection 535 - Zoning: business districts
535.01. Business districts. Subdivision 1. Description. ~'he business {B}
districts are in three categories designated as B-1, B-2 and B-3.
Subd. 2. The perm ittecf uses a~ any ].and or structure in a B district are
those uses indicated by the mark "X" and shall be further subject to those certain
special limitations, requirements and regulations pertaining to those B district
uses specially designated by the following marks: [1), {2) and. [3).
{1} means that the use is prohibited on the ground floor;
[2} means that a conditional use permit is required;
[3} means not more than three devices allowed.
Subd. 3. Capital letters following any "X" mark indicate that the use or uses
permitted are subject to and are set forth in the provisions of separate paragraphs
captained in subsection 535.03 which corresponds to the capital letter or letters
set forth in this subsection. The permitted use upon any Land or in any structure
in a B district is considered the principal use.
[Ataended Qrd. 639) [Amended ord. 96-787)
PERMITTED U5E5 S-1 B-2 B-3
• 1. Adult-oriented business, as X X
governed and regulated by
Chapter 1155 of the" City Code.
{,Amended 95-762)
2. A.~.rport X X
3. Amusement device (3)XBB {3}XBB XBB
4. Appliance state X X
5. Art shops - pictures X X
6. Auction - public o r private {1)X X
i. Autc ~e~air i'
8. Auto accessory and parts {1)'r, ~ X
9. Auto sales and/ar lease (2)XA
IQ. Auto wash subject to permit X
Z1. Armory, auditorium, exhibit hall [2)XB (2)XB
12. Bakery X X
13. Banks, savings and loan X (2}XV
14. Bar - Tavern X X
1S. Beauty or barber s hvp X X X
16. Boat - marine sale s
17. Books - office supplies X X
lA. Bottling plant not in excess of X
6,000 sq. ft.
19. Boutiques {2}~J X [2)XJ
2Q. Bowling - table tennis, pool hall {2)XU X X
21, Broadcasting [T.V, - radio} X X
22. Bus and other transit X X
73. Business school ~1)X X
Section 535 Page 1
Hopkins City Code {Zoning) 535.01, Subd. 3, 24.
{Revised 10-15-9n~
i
PERMITTED U9E5 B-T B-2 S-~3
24. Cabinet - electrical, heating, X
plumbing, upholstery, air condition -
ing provided the operation does not
exceed 6,000 sq, ft.
25. Camera - photographic X
26. Carpet and floor covering X X
27. Clinics X X X
28. Clothing stare X
29. Clubs (private - non profit} - {1)XC {2]XC
30. Coin and stamp X X
31. Commercial greenhouse {2}XD
32. Costume & formal wear rental X X
33. Cycle shop and snowmobile {2}XW X
34. Day nursery (2)K~ {2}XE {2)XE
35. Delicatessen X X
36. Department store X
37. Dental - Med. Lab {~-)X X
38. Drive-ins (non food} {~)XF {2}XF
39. Dry cleaning and 1 aundry (2)XG X
40. Dry cleaning and 1 aundry pickup X X X
41. Employment agency X X
42. Essential public service & utility X X X
structures
. 43. Fabric and sewing store 42)X2 X
44. Fixit shop {2)XY XY XY
4S. Florist X X X
46. Furniture store X X
47. Garden and landscape (2)XZ {2]XZ {2)XZ
48. Gifts and noveltie s {2}XJ X {2]XJ
49. Glassware, china, pottery X X
50. Glass and mirror installation n
51. Gracezy, fruit, vegetable X X
52. Ha>.~lware n X
53. Hearin clubs - studio X
S4. Hobby - crafts - instruction X X
55. Hotel - motel {2}XK {2)XK
56. Interiors -- decorating studio X X
5 7 . .jewelry X
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Section 535 Page 2
Hopkins City Code (Zoning)
•
58.
59.
64.
61.
62.
63.
64.
65.
66.
67 .
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
. 75.
8q.
81.
82.
83.
84.
85.
86.
e7.
88.
B9.
9G.
91.
92.
93.
94.
95.
90.
97.
535.81, Subd. 3, 59.
[Revised 3.a-15-96)
PERMITTED USES 8_1 $-Z $-3
Karate, health club, dance studio {2)XL {1}X X
Leather goods - 3.uggage X
Library - publzc o r private ~ X X
Liquors X X
locker plan - 6, OOq sq. ft. maximum X
Locksmith and fixit shag {3} XY [2] XY
Lumber and related items X
Meats X X
Mortuary X ~ X
Motors repairing X
Music store X X
Newsstand X
Offices [2)XN X X
Open sales lot [2)XO [2)XO {2)XQ
Qptical - jewelry mfc~. (J.)X X
Orthopedic - medi cal supplies X
{sales and manufacturing)
Paint and wallpape=r X X
Parking ramps and lots X X
Pawn shop - antiques -- used materials X X
Pharmacy - drug stole X X
Photography - studio X X
Picture framing -- art shop X X
Pipe - tobacco shop X
Post ozfice X
Print shop {2)XP X
Public auction [s ~e auction) X
Records, TV, radio, sound, phono X X
Religious institutions, etc. K {2)XCC [2)XCC
Recital service {2)XQ
Research labs {2)XT
Residential 2)XH {2}XH {2)XH
Restaurant - traditional X X X
Restaurant - carry-out and delivery
Restaurant - drive-in (2)XR
Restaurant - fast food (2)XS
Roller rink ~ ice arena ~ X
Self-service station {2)XDD
Service station [2)XM
Shoes - boots store X
Sporting goods X
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5ectian 535 Page 3
I3opkins City Cade {Zoning} 535.01, Subd. 3, 98.
• {Revised 7-18-00}
PERMITTED EISES S-1 B-2 B-3
98. Stationery - card shop 7C :C (2}XJ
99. Stone monument sales X
100. Tailoring 7~ X
101. Taxidermist X
102. Taxi terminal X
103. Theater - non--drive-in X X
104. Tires -- battery, accessory & recap %
105. Trade schocl {1}X X
10f. Truck _ trailer sales {2)XAA
107. Variety stores X
108. Veterinary clinic R X
109. Video - sales, rental Y ~
110. Warehouse 16,004 sq. ft. maximum,
not abutting Mains-treet (Amended Crd. 2000-841) X
AREA. ANA YARD LIMITATIONS
IIseS permitted in any H distric t category subject to tYte following minimum
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floor and lot area, lo-t widths, yard requirements, and building Sleights. in feet.
H-1 H--2 s-~
Lat area - sq. ft. 5,040 - 3,004
Lot width - ft. 50 24 25
Floor area requirement - F'.A.R. 1.4 6 1.5
Front yard 20 1 1
Front yard - P.iJ.^ . Z4
S isle yard 14 0 0
Rear yard 14 10 15
Requirements for Z ats fronting state
and county roads, as follows:
Front yard 20
Side yard 10
Building height ~5
Front yard of B lots abutting
R district lj2 of the required R distract
Side yard abutting R district same as R district
Rear yard abutting R district same as R district
Rear yard from all ey 24 10 15
Building height 25 74 45
Section 535 Page 4
s
Hopkins City Cade (Zoning}
Section 541 -- tionin business ark
541.01
{Effective 6/34/98)
541.01 Business Park. The purpose of the Business Park~District is intended
to allow for busines s and industrial operations. The performance standards
far this district are intended to establish and maintain high quality site
planning, architecture, signagQ and landscape design to create an attractive
and unified development character.
541.02 uses. Within the Business Park District, no building or land shall be
used except fez one o r more of the following uses:
a. Free standing office buildings for corporate.
administrative, executive, professional, research, sales
representatives' offices, or similar organizations and hotels.
b. Manufacturing, production, processing, servicing,
repair or testing of materials, goads or products that is wholly
contained within a building and which between office, _ tech, and
light manufacturing areupies at least 60 percent of the grass
floor area of the building and a warehouse use that occupies a
maximum of 40 percent.
• c.
distribute
exceed 15
whichever
located.
Retail sale of products manufactured, warehoused or
:d on the premises where the retail floor area does not
percent of the gross fleor area ar 3,000 square feet,
is 1 ess, of the building in which the sales area is
If ttze business park is phased over a period of time, a plan for the overall
site development steal l be submitted for approval.
541.03 District stand ards. ~To building or land in the Business Park District
steal]. be used except in conformance with the fallowing: -
a} minimum lot site 1 acre {43,564 square feet}
b) minimum lot width 14Q feet
c} building height: maximum 45 feet
building heights up to 80 feet [naybe permitted with an
increase of a two foot setback far each additional
foot of building height abutting a residential
district.
d) minimum building setbacks
1 ) front yard 20 feet
50 feet abutting residential
district
2) side yard 20 feet
5d feet abutting residential district
Section 541 Page 1
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 02-71
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN ORDINANCE
REZONING THE B-1 AREA IN EAST HOPKINS
WFIEREAS, an application for Zoning Amendment ZN02-1 has been made by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
That an application far zoning; amendment was made by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on July 30, 2002:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
• NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN02-1
is hereby approved based on the following Findings afFact:
1. That tl~e rezoning is consistent with the Comprehensive Plan.
Adopted this 7th day of August 2002.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Cierk
•
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 02-870
AN ORDINANCE REZONING THE B-1 AREA ON THE EAST END OF HOPKINS
•
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of B-1, Limited Business, upon the following
described premises is hereby repealed, and in lieu thereof the said premises is hereby zoned as
Business Park.
Lots 1, 2, and 3 Block I Warrington Addition.
Lot 30 and :Lot 31 Block l Park Valley 2nd Addition and the east 350 feet of south 230.28 feet of
North 2607 feet of east '/Q of Section 25 Township 117 Range 22.
First Reading;
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
August 7, 2002
August 20, 2ao2
August 28, 2002
August 28, 2002
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 02-72
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A COMPREHENSIVE PLAN AMENDMENT
FOR THE B-1 AREA SOUTH OF SEVENTH STREET
WHEREAS, the City of Hopkins is initiating a Comprehensive Plan Amendment ZN02-1
WHEREAS, the procedural history of the application is as follows:
I, That the City of Hopkins is initiating a Comprehensive Plan Amendment for the
B-1 area south of Seventh Street;
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 July 30, 2002: all persons present were given an opportunity to be
heard;
3. That the written comments and analysis of City staff were considered; and
. 4. A legal description of the subject property is as follows:
That part of the northeast '/4 of the southeast '/4 Section 25 Township 117 Range
22 described as commencing at the northeast corner of said northeast '/4 of the
southeast '/4 thence north 89 degrees 45 minutes 46 seconds west assumed bearing
along the north line thereof distance 298.65 feet thence south 0 degrees 23
minutes 12 seconds west distance 7 feet to point of beginning thence west parallel
with said north line distance 136.85 feet thence southwesterly 57.30 feet along a
tangential curve radius 36 feet central angle 91 degrees 11 minutes 52 seconds
thence southerly tangent to last described curve distance 12.90 feet thence
southerly 160.28 feet along a tangential curve to the right radius 510.47 feet
central angle 17 degrees 59 minutes 24 seconds thence southerly tangent to last
described curve distance ] 07.35 feet thence southerly 96.40 feet more of less
along a tangential curve to the left radius 686.95 feet to the intersection with the
easterly extension of the south line of Block 4 Valley 2"`~ addition thence easterly
along said easterly extension to the west right-of--way line of CSAH No. 1 S Plat
Na. 37 thence northwesterly along said westerly right-of--way line to point of
beginning.
Commencing on the east line of northeast '/a of southeast '/a distance 775.12 feet
south from the northeast corner of southeast '/a thence westerly at an angle to the
right of 87 degrees 29 minutes a distance of 400 feet thence north parallel with
east line to an intersection with a line running from a point in east line of
northeast '/4 ar southeast '/4 distance 395.I2 feet south from northeast corner
thereof to a point in west line of northeast '/4 of southeast '/a distance 434 feet
south from northwest corner thereof thence east on said line to a point 395. l 2 feet
south from northeast corner of southeast '/a thence south to beginning excluding
road.
Commencing on the east line of northeast '/4 ar southeast '/4 at a point 395. I2 feet
south from the northeast corner of said southeast '14 thence westerly an angle of 87
degrees 29 minutes with said east line a distance of 400 feet to point of beginning
thence continuing westerly on the extension of last described line 179.$ feet
thence south parallel with the east line of said northeast '/a of southeast 'l.~ a
distance of 767 feet thence east to a point on the east line of northeast '/4 of
southeast 'ta distance 1132.12 feet south from northeast corner of northeast '/4 of
southeast '/4 thence north along east line 357 feet thence westerly at an angle to
the left of 92 degrees 31 minutes a distance of 400 feet thence north to beginning
excluding roads.
NOW, THEREFORE, BE IT RESOLVED that the application for Comprehensive Plan
Amendment ZN02-1 is hereby approved based on the following Findings of Fact:
That the amendment to the Comprehensive Plan will make the zoning and the
land use plan consistent.
BE IT FURTHER RESOLVED that application for Comprehensive Plan Amendment ZN02-1 is
hereby approved based o~~ the following conditions:
1. That the Metropolitan Council approves the proposed amendment.
Adopted this 6th day of August 2002.
Eugene J. Maxwell, Mayer
ATTEST:
Terry Obermaier, City Clerk
•