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CR2002-016 Rezoning B-1 Area , . C\IY OF ~ . January 30, 2002 HOPKINS Council Report 02-16 REZONING- B-1 AREA Proposed Action. Staff recommends the following motion: Move to approve Resolution 02-6. approving Ordinance 02-870, rezoning the B-1 area along Second Avenue from B-1, Limited Business. to Business Park for tirst reading. At the Zoning and Planning meeting, Ms. Hatcher moved and Mr. Thompson seconded a motion to approve Resolution RZ02-1 recommending approval of Ordinance 02-870, rezoning the B-1 area along Second A venue from B-1, Limited Business to Business Park. 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-1, 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 for rezoning following the adoption of the new Comprehensive Plan. Overall within the City, most of the parcels have the same zoning and Comprehensive Plan designation. . Primary Issues to Consider. . How has the Comprehensive Plan designated the subject site? . What is the difference between the B-1 and Business Park zonings? . Should the site be rezoned to Business Park? . What was the discussion at the Zoning and Planning meeting? Supportin2 Documents. . Analysis ofIssues . Comprehensive Plan . Resolution 02-6 . Ordinance 02-870 . Site Map . Uses allowed in B-1 and Business Park ,r .t---{\ Nancy; . Anderson, AICP Planner . Financial Impact: $ N/A Budgeted: YIN Source: Related Documents (CIP, ERP, etc.): Notes: CR02-16 Page 2 e Primary Issues to Consider. . How has the Comprehensive Plan designated the subject site? The new Comprehensive Plan has designated the site as Business Park. With the proposed zoning change, the zoning and the Comprehensive Plan designation will be consistent. . What is the difference between the B-1 and Business Park zonings? The B-1 district is a limited business. Retail is allowed, but it is a 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 biggest difference between the districts is the retail and the warehousing components. The B-1 district allows more retail than would be allowed in business park. The only retail allowed in the business park zoning is a small amount manufactured by the tenant in that building; however, the business park zoning will allow a building to have 40 percent in warehousing. The B-1 district does not allow any warehousing. . 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 site 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 Plan 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. . What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the area and the reasons for the rezoning. No one appeared before the Commission regarding the rezoning. Alternatives. . 1. Approve the rezoning. By approving the rezoning, the B-1 area will be rezoned to CR02-16 Page 3 . Business Park. 2. Deny the rezoning. By denying the rezoning, the B-1 area will not be rezoned. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. . . . ~~~-" '" - \--\~lJ /~-l-Y\' ..._ 1 ~ \\L\ It::.. "if ~ ~tlA . _ \ IL \\\_ .~.. . r\\ ".~ ".L' - \ .._~.. " \ . " , ._1...... ~ . ...~ -'- -" -.-' \' ,\ ..- .:0 \;.\. .... ,",' Ii. . . , "'\ ! I 'I . '. I I" U : (j) 'i\ ~ 1$'. m 50, ~ ' -" 0; . - II ~ - 1 :""'" ~ r ,,~ ~ ~ ~ ~:IJ - 14" . ~. ~ ~ ~" ~ I . \ -.ITE...:~~ ~"" . '" I . lJ-rI ( .. ~ :tfJ[!J;~!' 'L"~.;t. i - .. 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Section 535 - Zoning: business districts 535.01. Business districts. Subdivision 1. Description. The business (B) districts are in three categories designated as B-1, B-2 and B-3. Subd. 2. The pennitted uses of any land 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 requiredi (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 contained in sub~ection 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. Ul,mended Ord. 639) (Amended Ord. 96-787) PEPMITTED USES B-1 B-2 B-3 .. 1- Adult-oriented business, as X X governed and regulated by Chapter 1165 of the City Code. (Amended 95-762) 2. Airport X X 3. p~usement device (3) XBB (3) XBB XBB 4. Appliance store X X 5. Art shops - pictures X X 6. Auction - public or private (l)X X ., _l:...ut.o repai:c X I. 8. Auto accessory and parts (1)X X 9. Auto sales and/or lease (2)XA 10. Auto wash subject to permit X 11. Armory, auditorium, exhibit hall (2)XB (2)XB 12. Bakery X X 13. Banks, savings and loan v (2)XV ... 14. Bar - Tavern X X 15. Beauty or barber shop X X v A 16. Boat - marine sales v .r. 17. Books - office supplies X X 18. Bottling plant not in excess of X 6,000 sq. ft. 19, Boutiques (2)XJ X (2) XJ 20. Bowling - table tennis, pool hall (2)XU X v A 21- Broadcasting (T. V. - radio) X X 22. Bus and other transit X X 23. Business school (l}X X . Section 535 Page 1 -- - - Hopkins City Code ( Zoning) 535.01, Subd. 3, 24- (Revised 10-15-96) . PERMITTED USES B-1 B-2 B-3 24. Cabinet - electrical, heating, X plumbing, uphol s tery, 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 store X 29. Clubs (private - non profit) (l)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)XE (2)XE (Z)XE 35. Delicatessen X X ..,.- Department store X _0. 37. Dental - Med. Lab (I)X X 38. Drive-ins (non food) (2)XF (2)XF 39. Dry cleaning and laundry (2 )XG X 40. Dry cleaning and laundry pickup X X X n. Employment agency X X 42. Essential public service & utility X X v ..-.. structures .43. Fabric and sewing store (2)XI X 44. Fixit shop (2)XY Xy XY 45. Florist X X X 46. Furniture store X X 47. Garden and landscape (Z)XZ (2) XZ (2) XZ 48. Gifts and novelties (Zl XJ X (2)XJ 49. Glassware, china, pottery X X 50. Glass and mirror installation v .. 51- Grocery, fruit, vegetable v X ^ 52. Hardware X X 53. Health clubs - studio X 54. Hobby - crafts - instruction X X 55. Hotel - motel (2)XK (2) XK 56. Interiors - decorating studio X X 57. Jewelry X . Section 535 Page 2 -- -- "- Hopkins City Code (Zoning) 535.01, subd. 3, 59. (Revised 10-15-96) -. PERMITTED USES B-1 B-2 B-3 58. Karate, health club, dance studio (2)XL (l)X X 59. Leather goods - luggage X 60. Library - public or private X X 61- Liquors X X 62. Locker plan - 6,000 sq. it. maximum X 63. Locksmith and fixit shop (2)XY (2)XY 64. Lumber and related items X 65. Meats X X 66. Mortuary X X 67. Motors repairing X 68. Music store X X 69. Newsstand X 70. Offices (2) XN X X 71. Open sales lot (2)XO (2)XO (2)XO 72. Optical - jewelry mfg. (l)X X 73. Orthopedic - medical supplies X (sales and manufacturing) 74. Paint and wallpaper X X 75. Parking ramps and lots v X " 76. PawTI shop - antiques - used materials X X 77, Pharmacy - drug store X X 78. Photography - studio X X 79. Picture framing- art shop X X . 80. Pipe - tobacco shop X 81. Post office v ^ 82. Print shop (2)XP X 83. Public auction (see auction) X 84. Records, TV, radio, sound, phono X X 85. Religious institutions, etc. X (2)XCC (2)XCC 86. Rental service (2)XQ 87. Research labs (2)XT 88. Residential 2)XH (2) XH {2)XH 89. Restaurant - traditional X X X 90. Restaurant - carry-cut and delivery v "" 9l. Restaurant - drive-in (2)XR 92. Restaurant - fast food (2)XS 93. Roller rink - ice arena X 94. Self-service statian (2)XDD 95. Service station (2)XM 96. Shoes - boots store X 97. Sporting goods X v ... . I v Section 535 Page 3 --- - Hopkins city Code ( Zoning) 535.01, Subd. 3, 98. . (Revised 7-18-00) PERMITTED USES 8-1 B-2 B-3 98. Stationery - card shop X X (2)XJ 99, stone monument sales X 100. Tailoring X v ,. 101. Taxidermist X 102. Taxi terminal X 103. Theater - non-drive-in X X 104. Tires - battery. accessory & recap X 105. Trade school (llX X 106. Truck - trailer sales (2)XAA 107. Variety stores X 108. Veterinary clinic X X 109. Video - sales, rental X X 110. Warehouse - 16,000 sq. ft. maximum, not abutting Mainstreet (Amended Ord. 2000-841) X AREA AND YARD LIMITATIONS . Uses permitted in any B district category subject to the following minimum floor and lot area, lot widths r yard requirements, and building heightsr in feet. 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. La 6 1.5 Front yard 20 1 1 Front yard - P.U.D. 20 side yard 10 0 0 Rear yard 10 10 15 Requirements for lots fronting state and county roads, as fol1ows~ Front yard 20 Side yard 10 Building height 25 Front yard of Blots 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 . Section 535 Page 4 . Hopkins City Code (Zoning) 541. 01 (Effective 6/30/98) section 541 - Zoninq: business park 541.01 Business Park. The purpose of the Business Park "Distr ict is intended to allow for business and industrial operations. The performance standards for this district are intended to establish and maintain high quality site planning, architecture, signage 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 for one or 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, goods or products that is wholly contained within a building and which beb.,reen office, tech, and light manufacturing occupies at least 60 percent of the gross floor area of the building and a warehouse use that occupies a maximum of 40 percent. . c. Retail sale of products manufactured, warehoused or distributed on the premises \4here the retail floor area does not exceed 15 percent of the gross floor area or 3,000 square feet, whichever is less, of the building in which the sales area is located. If the business park is phased over a period of time, a plan for the overall site development shall be submitted for approval. 541.03 District standards. No building or land in the Business Park District shall be used except in conformance with the following: a) minimum lot size 1 acre (43,560 square feet) b) minimum lot width 100 feet c) building height: maximum 45 feet building heights up to 80 feet maybe permitted with an increase of a two foot setback for 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 50 feet abutting residential district Section 541 Page 1 -- CITY OF HOPKINS . Hennepin County, Minnesota RESOLUTION NO: 02-6 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN ORDINANCE REZONING THE B-1 AREA IN EAST HOPKINS WHEREAS, 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: 1. That an application for 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 January 29, 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 of Fact: 1. That the rezoning is consistent with the Comprehensive Plan. Adopted this 5th day of February 2002. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk . CITY OF HOPKINS . Hennepin County, Minnesota ORDINANCE NO. 01-870 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 1 Warrington Addition. Lot 30 and Lot 31 Block 1 Park Valley 2nd Addition and the east 350 feet of south 230.28 feet of North 2607 feet of east 1/4 of Section 25 Township 117 Range 22. That part of the northeast V4 of the southeast 'l4 Section 25 Township 117 Range 22 described as commencing at the northeast corner of said northeast V4 of the southeast V4 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 107.35 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 2nd addition thence easterly along said easterly extension to the west right-of-way line of CSAH No. 18 Plat No. 37 thence northwesterly along said westerly right-of-way line to point of beginning. Commencing on the east line of northeast 1/4 of southeast V4 distance 775.12 feet south from the northeast corner of southeast 1;4 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 1;4 or southeast 1/4 distance 395.12 feet south from northeast corner thereof to a point in west line of northeast 1;4 of southeast 1/4 distance 434 feet south from northwest corner thereof thence east on said line to a point 395.12 feet south from northeast corner of southeast 1;4 thence south to beginning ex road Commencing on the east line of northeast 1;4 or southeast 1;4 at a point 395.12 feet south from the northeast corner of said southeast V4 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 179.8 feet thence south parallel with the east line of said northeast 1;4 of . southeast V4 a distance of 767 feet thence east to a point on the east line of northeast 1;4 of southeast 1/4 distance 1132.12 feet south from northeast corner of northeast 1;4 of southeast 1;4 thence north along east line 357 feet thence westerly at an angle to the left of 92 degrees 3 I minutes a distance of 400 feet thence north to beginning ex roads. . First Reading: February 5,2002 Second Reading: February 19,2002 Date of Publication: February 27, 2002 Date Ordinance Takes Effect: March 19, 2002 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: . City Attorney Signature Date .