CR 05-109 Rezoning Town and Country Dodge
CITY OF
m
HOPKINS
July 27,2005
Council Report 05-109
REZONING- TOWN AND COUNTRY DODGE
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 05-73. approving
Ordinance 05-953. rezoning the propcrtv at 1710 State Highwav 7 from B-3 to B-4 for first
reading.
At the Zoning and Planning meeting Mr. Paul moved and Ms. Halverson seconded a motion
to adopt Resolution RZ05-26, recommending approval of Ordinance 05-953, rezoning the
property at 1710 State Highway 7 from B-3 to B-4. The motion was approved unanimously.
Overview.
The City has recently approved a B-4 zoning district. This zoning district is a more
neighborhood type business district. Gas stations, fast food restaurants, and auto sales lots
are not allowed in the B-4 district. The B-4 district also limits the size of the business so that
a big-box type retailer will not be allowed.
1710 Highway 7 is currently zoned B-3, which does allow an auto sales lot. If Town and
Country Dodge moves and another auto sales lot does not move in within a year, the site will
loose the grandfather status for having an auto sales use. A new use will have to comply
with the B-4 uses.
Primary Issues to Consider.
. What is the Comprehensive Plan designation, and what is the zoning of the
subject site?
. What does the B-4 zoning allow?
. Should the site be rezoned to B-3 to B-4?
. What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
. Analysis ofIssues
. Uses allowed in B-4
. Resolution 05-73
. Ordinance 05-953
(I
Nancy S. Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):'
Notes:
Y/N
Source:
eROS-109
Page 2
Primary Issues to Cousider.
. What is the Compreheusive Plan designation, and what is the zoning of the
subject site?
The Comprehensive Plan has designated the site as Commercial. The site is zoned B-3
General Business. The Comprehensive Plan designation will not have to be amended for the
new zoning ofB-4.
. What does the B-4 zoning allow?
The B-4 zoning allows less uses than the B-3 zoning. Uses such as fast food, gas stations,
and auto sales lots are not allowed. Retail is allowed but the size of the retail is limited.
. Should the site be rezoned from B-3 to B-4?
In looking at the area, the logical use for the site is a business use because of the visibility
and access to major roadways. The site is a major entrance way into Hopkins and can be
redeveloped into a better use than an auto sales 101. The Planning Commission had several
discussions regarding various site within the City and recommended that this site be
considered for a rezoning to B-4.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the reasons for the rezoning. No one appeared at the public hearing
regarding the rezoning.
Alternatives.
1. Approve the rezoning. By approving the rezoning, the site will be rezoned to B-4.
2. Deny the rezoning. By denying of the rezoning, the site will remain the B-3 zoning. If
the City Council considers this alternative, findings will have to be identified that support
this alternative.
3. Continue for further infonnation. [fthe City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: R05-73
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN ORDINANCE
REZONING 1710 HIGHWAY 7 FROM B-3 TO B-4
WHEREAS, an application for Zoning Amendment ZN05-9 has been initiated by The City of
Hopkins,
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was initiated 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 26, 2005:
all persons present were given an oppOliunity 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 ZN05-9
is hereby approved based on the following Findings of Fact:
1. That the rezoning is necessary for future redevelopment of the site.
Adopted this 3rd day of August. 20D5.
ATTEST:
Eugene J. Maxwell, Mayor
TelTY Obem1aier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 05-953
AN ORDINANCE REZONING FROM B-4, GENERAL BUSINESS TO B-4
NEIGHBORHOOD BUSINESS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of B-3, General Business, upon the following described
premises is hereby repealed, and in lieu thereof the said premises is hereby zoned as B-4,
Neighborhood Business.
That part of the Northeast 1. of Northeast 1. lying southerly of State Highway No.7 and
northeasterly of railroad right-of-way except road.
First Reading:
August 3, 2005
Second Reading:
August 16, 2005
Date of Publication:
August 25, 2005
Date Ordinance Takes Effect:
August 25, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
Date
City Attomey Signature
I
.
I
,w~: I:: I I I I FI-1/ I ~
~ ~i I 1 '::":{'f g
~ ~ /-" '
~0~~~-- . IT '.' r---j
\:-I7.!f-rt- .- (X~ ~ "
\/(N7(J.---- 1/ ~
t- ~p ~."
_'.. . '" J I I I -"-
..~~ \=1"-1 r .
~ ,-~v"
\"-."'- I T 111 -,- "'. .."
, ~I !bt! 'M"'" '-CT ....
\~ ,."..-J_
'-~Ii: L.- = L=:'J
,\/1 )I-J"'-- . I
--; .' . J I
, _~? ~ "E ~ ~ - J ~~ II~~II~~ N. g~~" .:~-;
. -I=-F' 3:J ~~ W 1=tl c:-"
~" E ".- t' >- ~ ~Sl
~I~~,J ~FS3=-El E~:::' -:=~!::l
'1/1' J _ r'- Et.'J ~ EE 9=' i=~ EI
~T'!-' ~ UJ ,; [] --;- EE R-.1. ~ fjl ~ .
~r'?:1 B~rWU IL I IlL1l. " - EIJ'UJ-
L = 1/= R-2 f+ ~~...... I... 'j;f "'~ F~ DID,IIlIIl/J=~ Rtl
k ~ R= -+0'"'" 10 ~ "C..3 1IIIJI]1lIlI11l UU;
'\-\' n 2, ff ~ ->- + I j 1-'- 'r""if;'" !/llIi
",w ' ',- Siii. _~ -- -\)'5 TL,.d~ 1f-Bl3'.. ~JJ::
1 'I IU:BFC """ D~EBIULf::j.rJ ~
il . 00' I ~ I I a:
-L 1--$1' T" 81,r- - I-
I I ill< -'~ "
L f'.." TT ~ 1-' I,. JB-l; ,!#
,~, ~ -'1 ~;m .~.~~~
, "1 ____~?" /d'l1 ," .. .J
,. ,~ '"'. ..?Y
,/..~
l
", I
~
'j
R-I-D
,
.=<r-~,=:~-" --
..............:...-.....,.
EISENHOWER
COMMUNITY CEN
INS TER
INE
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-951
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
That Section 535 of Hopkins Code of Ordinances be the same and are hereby amended
by adding the B-4 zoning district:
Section 535 - Zoning: business districts
535.01. Business districts. Subdivision 1. Description. The business (B)
districts are in ~ four categories designated as B-1, B-2, B-3, and B-4.
Subd. 2. The permitted uses of any land or structure in a B district are
those uses indicated by the mark "Xli and shall be further subject to those certain
special limitations I 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 allowedi
(4) means that the use is limited to 5,000 square feet per business.
Subd. 3. Capital letters following any nXII mark indicate that the use or
uses permitted are subj ect to and are set forth in the provisions of separate
paragraphs contained in subsection 535.03 which corresponds to the capital letter
or letters set forth in this subs'ection. The permitted use upon any land or in any
structure in a B district is considered the principal use.
(Amended Ord. 639) (Amended Ord. 96-787)
2.
3.
4.
5.
6.
7.
8.
9.
:l0.
11.
12.
D.
H.
15.
16.
PERMITTED USES
B-1
B-2
B-3
1.
Adult-oriented business, as
governed and regulated by
Chapter 1165 of the City Code.
(Amended 95-762)
Ai rport
Amusement device
Appliance store
Art shops - pictures
Auction - public or private
Auto repair
Auto accessory and parts
Auto sales and/or lease
Auto wash subject to permit
Armory, auditorium, exhibit hall
Bakery
Banks, savings and loan
Bar - Tavern
Beauty or barber shop
Bike sales
x
x
(3)XBB
x X
(3)XBB XBB
X X
X X
(l)X X
X
(1) X X
(2)XA
X
(2)XB (2)XB
X X
X (2)XV
X X
X X
X
B-4
(2)XEE
X
X
X
X
X
(4)X
17.
18.
19.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
34.
35.
36.
37.
38.
39.
40.
4l.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
6l.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
Boat - marine sales
Books - office supplies
Bottling plant not in excess of
6,000 sq. ft.
Boutiques
Bowling - table tennis, pool hall
Broadcasting (T.V. - radio)
Bus and other transit
Business school
Cabinet - electrical, heating,
plumbing, upholstery, air condition-
ing provided the operation does not
exceed 6,000 sq. ft.
Camera - photographic
Carpet and floor covering
Clinics
Clothing store
Clubs (private - non profit)
coin and stamp
Commercial greenhouse
Costume & formal wear rental
Cycle shop and snowmobile
Day nursery
Delicatessen
Department store
Dental - Med. Lab
Drive-ins (non food)
Dry cleaning and laundry
Dry cleaning and laundry pickup
Employment agency
Essential public service & utility
structures
Fabric and sewing store
Fixit shop
Florist
Furniture store
Garden and landscape
Gifts and novelties
Glassware, china, pottery
Glass and mirror installation
Grocery, fruit, vegetable
Hardware
Health clubs - studio
Hobby - crafts - instruction
Hotel - motel
Interiors - decorating studio
Jewelry
Karate,
Leather
Library
Liquors
Locker plan - 6,000 sq. ft. maximum
Locksmith and fixit shop
Lumber and related items
Meats
Mortuary
Motors repairing
Music store
Newsstand
Offices
health club, dance studio
goods - luggage
- public or private
(2)XJ
(2)XU
x
x
(2)XE
x
x
(2)XI
(2)XY
X
(2)XZ
(2)XJ
X
X
(2)XL
X
(2)XN
x
X
X
X
X
(l)X
X
X
X
X
(l)XC
X
X
(2)XW
(2)XE
X
X
(l)X
.(2)XF
(2)XG
X
X
X
X
XY
X
X
(2)XZ
X
X
X
X
X
(2)XK
X
X
(1) X
X
X
X
(2)XY
X
X
X
X
X
X
X
(2)XJ
X
X
X
X
X
X
X
(2)XC
(2)XD
X
X
(2)XE
X
X
(2)XF
X
X
X
X
XY
X
X
(2)XZ
(2)XJ
X
X
X
X
X
(2)XK
X
X
X
X
(2)XY
X
X
X
X
X
X
(4)X
X
X
X
(2)X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
72 .
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92 .
93.
94.
95.
96 .
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
1l0.
Ill.
ll2.
(2)XO
(2)XO
(l)X
(2)XO
X
X
x
X
X
X
X
X
X
X
X
(2)XCC
(2)XQ
(2)XT
(2)XH
X
X
(2)XR
(2) XS
X
(2)XDD
(2)XM
X
(2)XJ
X
X
X
X
X
X
X
(2)XAA
X
X
X
(2) X
X
X
X
(2) FF
X
X
X
X
X
X
X
Uses permitted in any B district category subject to the following minimum
floor and lot area, lot widths, yard requirements, and building heights, in feet.
Open sales lot
Optical - jewelry mfg.
Orthopedic - medical supplies
(sales and manufacturing)
Paint and wallpaper
Parking ramps and lots
Pawn shop - antiques - used materials
Pet Store
Pharmacy - drug store
Photography - studio
picture framing - art shop
Pipe - tobacco shop
Post office
Print shop
Public auction (see auction)
Records, TV, radio, sound, phone
Religious institutions, etc.
Rental service
Research labs
Residential
Restaurant - traditional
Restaurant - carry-out and delivery
Restaurant - drive-in
Restaurant - fast food
Roller rink - ice arena
Self-service station
service station
Shoes - boots store
Sporting goods
Stationery - card shop
Stone monument sales
Tailoring
Taxidermist
Taxi terminal
Theater - non-drive-in
Tires - battery, accessory & recap
Trade school
Truck - trailer sales
Variety stores
Veterinary clinic
Video - sales, rental
Warehouse - 16,000 sq. ft. maximum,
not abutting Mainstreet (Amended Ord.
X
X
X
X
X
X
X
X
(2)XP
X
X
(2)XCC
2)XH
X
(2) XH
X
X
X
X
X
X
X
(l)X
X
X
X
2000-841)
AREA AND YARD LIMITATIONS
B-1 B-2 B-3
Lot area - sq. ft. 5,000 3,000
Lot width - ft. 50 20 25
Floor area requirement - F.A.R. 1.0 6 1.5
Front yard 20 1 1
Front yard - P.D.D. 20
Side yard 10 0 0
B-4
1
10
Rear yard 10 10 15 10
Requirements for lots fronting state
and county roads, as follows:
Front yard 20 1
Side yard 10 10
Building height 25 45
Front yard of B lots abutting
R district 1/2 of the required R district
Side yard abutting R district same as R district
Rear yard abutting R district same as R district
Rear yard from alley 20 10 15
Building height 25 70 45 60
535.03. Condi tional use requirements. Subdivision 1. The requirement of a
conditional use permit in connection with any use in any B district is indicated in
subsection 535.01 by appropriate capital letter (A, B, C etc.), which letters refer
to the appropriate paragraph in this subsection bearing the same capital letter.
Subd. 2. Conditional uses within B districts.
EE) Appliance store provided:
1. That the square footage is limited to 5000 square feet.
2. That the retail area is at least 40 percent.
FF) Residential provided,
1. That the Excelsior Boulevard frontage dwelling units can not occupy the
first floor.
2. That there is at least one underground parkinq space per unit.
3. That all dwelling must have an entrance leading directly out of the
building.
4. That the density allowed shall be R-5.
First Reading: July 5, 2005
Second Reading:
July 19, 2005
Date of Publication:
July 28,2005
Date Ordinance Takes Effect:
July 28, 2005
Eugene J. Maxwell, Mayor
ATTEST:
TelTY Obennaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attomey Signature
Date