VII.1. Rezoning & Site Plan Review for 65 - 7th Avenue; Lindahl
August 21, 2018 City Council Report 2018-093
Rezoning & Site Plan Review for 65 – 7th Avenue
Proposed Action: Both the Planning & Zoning Commission and staff recommend the City
Council approve the following motions:
• Move to adopt City Council Resolution 2018-067, approving the first reading of Ordinance
2018-1134, rezoning the property at 65 – 7th Avenue South (PID 24-117-22-43-0043) from
I-1, Industrial to Mixed Use, subject to the conditions.
• Move to adopt City Council Resolution 2018-067, approving the site plan for the property at
65 – 7th Avenue South (PID 24-117-22-43-0043), subject to the conditions.
Overview
The applicant, Brandon Ellis, requests rezoning and site plan approvals to rehabilitate the
property at 65 -7th Avenue South (formerly Pokorny Plumbing). The subject property is located
at the northwest corner of 7th Avenue South and 2nd Street South across Excelsior Boulevard
from the future Downtown Hopkins light rail station. The applicant seeks to rezone the
property from I-1, Industrial to Mixed Use to allow office, retail and residential uses and site
plan approval to allow exterior materials changes to more than 50% of the building. The
Planning & Zoning Commission held a public hearing to review these application on July 24,
2018 and recommended the City Council approve both items. Should the City Council approve
these requests, the applicant intents to rehabilitate the structure into a mixed use building with
an esthetician (skincare) clinic, the existing hot tube business, a future retail space and internal
parking on the main level and 3 apartments on the 2nd level.
Primary Issues to Consider
• Background
• Legal Authority
• Rezoning Review
• Site Plan Review
Supporting Documents
• City Council Resolution 2018-067
• Ordinance 2018-1134
• City Council Resolution 2018-068
• Site Location Map
• Future Land Use in Planning District #8
• Plans and Building Elevations
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2018-93
Page 2
Planning & Zoning Commission Action. The Planning & Zoning Commission held a public
hearing to review this item (Planning Application 2018—05-RZ & SP) during their regular
meeting on July 24, 2018. During the meeting, the Commission heard a summary presentation
but no comments from the public. After some general questions of the applicant and staff, the
Commission expressed their support for the project and congratulated the applicant on their
new investment in this iconic Hopkins property. The Commission then voted 6-0 to
recommend the City Council approve both the rezoning and site plan.
Background. The subject property was originally constructed in 1927 by the Pokorny family
and served as the home for the family plumbing business. The applicant purchased the property
from Paul Pokorny in March of this year with the intent to rehabilitate it into a mixed use
building with an esthetician (skincare) clinic, the existing hot tube business, a future retail space
and internal parking on the main level and 3 apartments on the 2nd level.
Mr. Pokorny first approached the City with the idea of marketing the property in 2016. Early on
it was identified that providing off-street parking would be the most significant challenge to
rehabilitating this property. When the site was originally constructed in 1927, the City did not
have zoning standards requiring individual properties to provide their own off-street parking.
Since its construction, the City established zoning standards that included off-street parking
requirements. As a result, this property became legal non-conforming and was allowed to
continue in its original form. In 1985, the City approved setback and parking variances to allow
a 2,000 square foot addition that would become the home for the current hot tub business.
In November of 2017, the City approved a zoning text amendment related to off-street parking
standards. That text amendment revised the City’s off-street parking regulations to allow on-
street parking directly abutting a property as a credit toward the site’s off-street parking
requirement. This change allowed the subject property to use 12 existing on-street parking
spaces along 2nd Street South and 2 more along 7th Avenue South as a credit toward the off-street
parking requirement for the any newly proposed use. This zoning change made more efficient
use of the City investment in the existing on-street parking along 2nd Street and significantly
reduced the off-street parking requirement for the proposed project.
Legal Authority. This proposal includes 2 different types of land use applications. The
rezoning application is considering a legislative action. When considering legislative actions, the
City is advancing health, safety, and welfare by making rules that apply throughout the entire
community. When acting legislatively, the City has broad discretion and will be afforded
considerable deference by any reviewing court. By comparison, site plan applications are
considered quasi-judicial actions. For this type of application, the City is acting as a judge to
determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision
Ordinance are being followed. Generally, if the applications meet these requirements they
should be approved. The applicable standards for both types of applications, along with staff’s
findings for each, are detailed below.
Rezoning. There are four key criteria for the City to weigh when considering a rezoning
request. These criteria and staff's findings for each are outlined below. Based on these findings,
staff recommends rezoning the subject property from I-1, Industrial to Mixed Use.
Consistency with the Comprehensive Plan. The proposed mixed use development will be
consistent with the 2030 Comprehensive Plan. First, the Future Land use Map guide the subject
City Council Report 2018-93
Page 3
property as Mixed Use consistent with the proposed Mixed Use zoning. According the 2030
Comprehensive Plan, the Mixed Land Use category is intended to capture anticipated
redevelopment initiatives associated with the proposed LRT stations. Each station area is likely
to redevelop in a mixed-use type fashion. The density range for this category establishes a
minimum threshold of 30+ units per acre. It is assumed the mixed use category will develop at
60% residential and 40% commercial. In this case, the property is proposed to be developed at
a density of 12.5 units per acre and be a mix of 48% residential and 52% commercial. Given this
is an existing property being rezoned to Mixed Use, the City finds the proposed residential
density and ratio of residential to commercial use acceptable as this property is moving closer to
compliance with the standards of the newly assigned zoning district.
Second, the 2030 Comprehensive Plan also include a set of overall goals that support the
proposed project, including:
• Maintain appropriate transitions between land uses. Hopkins is a fully developed
community and will likely see new development through redevelopment initiatives. The City
will work to ensure appropriate transitional uses and buffering between new and existing
land uses.
• Take advantage of redevelopment opportunities to capture future Light Rail Transit
(LRT) initiatives. The Southwest LRT line passes directly through Hopkins, creating
redevelopment opportunities at and around three potential station locations. These
redevelopment opportunities may occur prior to any LRT improvements. Therefore, the
City will work to ensure that new redevelopment in and around future station areas is
appropriate and consistent with future transit improvements.
Compatibility with Present and Future Land Uses. The proposed mixed use development
will be consistent with surrounding present and future land uses. These uses are detailed in the
table below.
Surrounding Existing and Future Land Uses Analysis
Location Existing Future
North Single Family Residential Medium Density Residential
South Park & Ride Facility Downtown LRT Station
East Industrial Mixed Use
West High Density Residential Mixed Use
Conformance with New Zoning Standards. The proposed mixed use development will be
consistent with the zoning standards of the Mixed Use District. A more detailed review of the
specific Mixed Use zoning standards that apply to this application is provided below.
Site Plan Review. Standards for reviewing a site plan application are detailed in Section 526 of
the City Code. This section establishes site plan review procedures and provides regulations
pertaining to the enforcement of site design standards consistent with the requirements of this
section. These procedures are established to promote high quality development to ensure the
long-term stability of residential neighborhoods and enhance the built and natural environment
within the City as new development and redevelopment activities occur. In this case, site plan
review is required because Section 526.01(d) of the City Code requires site plan approval for
reconstruction, replacement, or remodeling of material on 50 percent or more of any part of the
City Council Report 2018-93
Page 4
exterior of an existing building that abuts public right-of-way 50 feet or more in width.
It should be noted that a site plan approval expires one year after it has been granted unless the
use for which the approval had been granted is in effect. Extensions may be granted provided
the applicant submit a letter to the Planning Department requesting an extension at least 30 days
before the expiration of the approval. The Planning Department may grant the extension if it is
determined that construction will commence within the one-year extension period. Only one
such extension may be granted. A second request for a time extension shall be presented to the
City Council for consideration.
Land Use and Zoning Standards. The land use and zoning designations are consistent with
the proposed mixed use facility (see details in the rezoning section above).
Exterior Building Materials. The changes proposed to the exterior of the building are
consistent with the exterior building materials standard for the Mixed Use District. These
standards are detailed in Section 543.08 and require the primary exterior treatment (50 percent
or more) of walls facing a public right-of–way or parking lot on a structure shall be brick, cast
concrete, stone, marble or other material similar in appearance and durability. Regular or
decorative concrete block, float finish stucco, EIFS-type stucco, cementitious fiber board, or
wood clap board may be used on the front façade as a secondary treatment or trim but shall not
be a primary exterior treatment of a wall facing a public right-of-way.
In this case, the applicant plan to replace at least 50% the exterior building materials along both
2nd Street South and 7th Avenue South. The 2nd Street South elevation will be 52.5 percent brick
and 47.5 percent stucco. Along 7th Avenue South, the building will be 63.7 percent brick and
46.7 percent stucco. This design meets the minimum 50 percent brick standard.
Building Orientation. The changes proposed to the exterior of the building are consistent
with the building orientation requirements for the Mixed Use District. These standards are
detailed in Section 543.09 and address both building orientation and building façade
requirements. This section requires buildings within the Mixed Use district to be oriented
toward the pedestrian by providing a direct link between each building and the pedestrian
walking system, with emphasis on directing people to a transit station. While this project will
make no changes to the orientation of the building, the existing building currently meets this
standard by providing entrances that connect to the City’s sidewalk and trails system. This
system then connects to the rest of the community including Downtown Hopkins, the existing
park and ride bus facility at 8th Avenue and Excelsior Boulevard (future Downtown LRT station)
and the Lake Minnetonka Regional Trail along the 8th Avenue Artery.
The building façade standards require the primary street side façade of a building shall not
consist of an unarticulated blank wall, flat front facades or an unbroken series of garage doors.
The front of a building shall be broken up into individual bays of a minimum of 25 feet and
maximum of 40 feet wide. Since this building is locate on a corner, it has 2 primary street facing
facades. Both sides of the building will be broken up by the use of different building materials
(brick or stucco), windows, awnings and a change in roofline. This design is consistent with the
building façade requirements of the Mixed Use District.
Vehicle Parking. As designed, this project exceeds the off-street parking requirement for
properties in the Mixed Use District. These requirements are detailed in Section 543.03 (Mixed
Use District) and 550 (Off-Street Parking). The required and proposed number of off-street
City Council Report 2018-93
Page 5
parking stalls is compared in the table below. Any change to the described uses or their
associated square footage will require a new parking evaluation and may require additional
parking.
Off-Street Parking Requirements for the Mixed Use District
Use Area Requirement Proposed Status
Residential 3 Units 1/unit 3 inside Conforming
Guest 1/15 units 2 inside Exceeds
Office (Skin Care) 1,630 sq. ft. 1/250 sq. ft. 7 Conforming
Office (Spa Repair) 1,983 sq. ft. 1/400 sq. ft. 5 Conforming
Retail 635 ft. ft. 1/200 sq. ft. 4 Conforming
Total N/A 20 21 Exceeds
It should be noted that this development is eligible to use the on-street parking credit standards
approved by the City in November of 2017 (see Background section above). This allows the
subject property to use 12 existing on-street parking spaces along 2nd Street South and 2 more
along 7th Avenue South as a credit toward the off-street parking requirement for the newly
proposed uses. These spaces may only be used as a credit toward the typical off-street parking
requirements and are not specifically assigned to the subject property or any specific business.
The redesign of the site includes 8 off-street stalls, one outside and 7 inside the building. At
least 5 of these stalls shall be permanently assigned to the 3 residential apartments to meet the
tenant and guest off-street parking requirements.
Bicycle Parking. The bicycle parking standards for the Mixed Use District are detailed in
Section 543.06 and require both long term and short term parking. The bicycle parking
requirements for multi-family residential and office uses along with the stalls proposed by the
applicant are compared in the table below. As designed, the site exceeds the short term
requirement by 1 stall but is at least 3 stalls short of the long term requirement (depending on
the number of employee in the future retail space).
Bicycle Parking Standards for the Mixed Use District
Type Residential
Required
Retail
Required
Office
Required
Proposed Overall
Status
Short Term 1 Space/20
units = 1
0.50 spaces/1k
of net building
area = 1
1/40K of net
building area
= 1
4 in rack
outside
building
Conforming
Long Term 1 Space/2
units = 2
0.50/employee
= unknown at
this time
0.25
spaces/1k of
net building
area = 4
3 inside
parking
garage
Non-
conforming
Install at least
3 more
Signage. Building signage is typically approved through a separate administrative permit. The
sign standards for the Mixed Use District are detailed in Section 543.15 and provided as a
reference for the applicant below. Generally, the conceptual sign information illustrated in the
applicants plan appear consistent with the sign standards for the Mixed Use District. The
applicant must receive separate approval of an administrative sign permit before installing any
signage.
Wall Signs. Each tenant other than those in multi-tenant buildings may have one flat wall sign,
not extending more than 18 inches from the face of the building, except that such signage may
City Council Report 2018-93
Page 6
extend from the face of the roof over a covered walk. Such wall signs shall not exceed two times
of the lineal frontage of the wall to which the business is located, to a maximum of 96 square
feet. Signs shall not be internally illuminated.
Canopies and Awnings. The design of canopies shall be in keeping with the overall building
design in terms of location, size, and color. No canopies with visible wall hangers shall be
permitted. Signage on canopies maybe substituted for allowed building signage and shall be
limited to 25 percent of the canopy area. Canopies shall not be internally illuminated.
Projecting. Projecting signs will have a maximum size of 12 square feet and a maximum width of
three feet. Projecting signs cannot extend beyond the first floor of the building. No less than 10
feet of clearance shall be provided between the sidewalk surface and the lowest point of the
projecting sign. Maximum distance between sign and building face is one foot.
Monument signs. One monument sign shall be permitted for each multi-tenant building
provided the surface area of the sign does not exceed two square feet per front foot of lot. No
sign shall be over 150 square feet, 20 feet in height and have a setback in no case less than 20
feet from the property lines.
Trash Enclosure. The applicant’s plans illustrate several trash enclosures along the east side of
the building. The proposed enclosures appear to meet the City’s minimum requirements except
for trash enclosures.
Alternatives
1. Approve the first reading of the rezoning and the site plan. By approving these applications,
the applicant will rehabilitate the subject property into a mixed use building with commercial
space and internal parking on the main level and 3 apartments on the 2nd level.
2. Deny of the first reading of the rezoning and site plan. By denying these applications, the
subject property will remain zoned for industrial uses. Should the City Council consider this
option, it must also identify specific findings that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the items should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2018-067
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2018-1134
REZONING THE PROPERTY AT 65 – 7TH AVENUE SOUTH (PID 24-117-22-43-0043) FROM
I-1, INDUSTRIAL TO MIXED USE
WHEREAS, the applicant, Brandon Ellis, initiated an application requesting to rezone the
property located at 65 – 7th Avenue South from I-1, Industrial to Mixed Use to allow at mixed use
office, retail and residential facility, and
WHEREAS, these properties are legally described as Lots 26, 27, 28 & 29 and Block 002, West
Minneapolis Addition, Hennepin County, Minnesota; and
WHEREAS, the procedural history of the application is as follows:
1. That an application to rezone the subject properties was received by the city on June 22,
2018; and
2. That the City of Hopkins extended the 60-day review timeline for this project to October 20,
2018 and provided written notice of this extension to the applicant in a letter dated June 26,
2018; and
3. That the Hopkins Planning & Zoning Commission, pursuant to mailed and published notice,
held a public hearing on the application and reviewed such application on July 24, 2018: all
persons present were given an opportunity to be heard; and,
4. That the written comments and analysis of City staff were considered;
5. That the Hopkins Planning & Zoning Commission voted 6-0 to recommend the City Council
approve this request; and
6. That the Hopkins City Council reviewed this application during their August 21, 2018
meeting and agreed with the findings of the Planning & Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the first reading of Ordinance 2018-1134 rezoning the subject properties from I-1,
Industrial to Mixed Use based on the findings detailed the City Council Report 2018-93, subject to the
following conditions:
1. Conformance with all applicable standards of the Mixed Use District.
Adopted by the City Council of the City of Hopkins this 21st day of August 2018.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2018-1134
AN ORDINANCE REZONING THE PROPERTY AT 65 – 7TH AVENUE SOUTH (PID
24-117-22-43-0043) FROM I-1, INDUSTRIAL TO MIXED USE
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of I-1, Industrial, upon the following described premises is
hereby repealed, and in lieu thereof, said premises are hereby zoned Mixed Use.
The legal description of the properties to be rezoned is as follows:
Lots 26, 27, 28 & 29 and Block 002, West Minneapolis Addition, Hennepin County, Minnesota;
and
First Reading: August 21, 2018
Second Reading: September 4, 2018
Date of Publication: September 13, 2018
Date Ordinance Takes Effect: September 13, 2018
________________________
Molly Cummings, Mayor
ATTEST:
__________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2018-068
A RESOLUTION APPROVING THE SITE PLAN FOR THE PROPERTY AT 65 – 7TH
AVENUE SOUTH, SUBJECT TO THE CONDITIONS
WHEREAS, the applicant, Brandon Ellis, initiated an application for site plan approval to allow
exterior materials changes to more than 50% of the building located at 65 – 7th Avenue South;
WHEREAS, these property are legally described as Lots 26, 27, 28 & 29 and Block 002, West
Minneapolis Addition, Hennepin County, Minnesota;
WHEREAS, the procedural history of the application is as follows:
1. That an application to rezone the subject properties was received by the city on June 22,
2018; and
2. That the City of Hopkins extended the 60-day review timeline for this project to October 20,
2018 and provided written notice of this extension to the applicant in a letter dated June 26,
2018; and
3. That the Hopkins Planning & Zoning Commission, pursuant to mailed and published notice,
held a public hearing on the application and reviewed such application on July 24, 2018: all
persons present were given an opportunity to be heard; and,
4. That the written comments and analysis of City staff were considered;
5. That the Hopkins Planning & Zoning Commission voted 6-0 to recommend the City Council
approve this request; and
6. That the Hopkins City Council reviewed this application during their August 21, 2018
meeting and agreed with the findings of the Planning & Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby
approves the site plan for the subject property, subject to the following conditions:
1. City approval of rezoning the property from I-1, Industrial to Mixed Use.
2. Conformance with all applicable standards of the Mixed Use zoning district.
3. Issuance of all required building and demolition permits.
4. Payment of all applicable development fees include Park Dedication for the 3 new residential
units equal to $3,000 per unit.
5. Redesign of the long term bicycle parking inside the building to meet the standards of the
Mixed Use district. At a minimum this shall include 3 additional long term parking spaces.
More space may be required based on the number of employees that occupy the vacant retail
space along 7th Avenue South.
Adopted by the City Council of the City of Hopkins this 21st day of August 2018.
ATTEST:
______________________ _______________________
Amy Domeier, City Clerk Molly Cummings, Mayor
65 – 7th Avenue South Site Location Map
Future Land Uses in Planning District #8
Tenant 1 - Salon - 1630 net SF
7KHSURSRVHGVNLQFDUHVDORQPD\EHQDPHG6DEULQD%URZDQG6NLQ,WLVDEXVLQHVVRSHUDWLQJE\DSSRLQWPHQWRQO\¬(DFKRIILFHLQ
the space would consist of two occupants - the esthetician and the patient. There are (4) four offices as part of the salon. Staff
would include a team of master estheticians specializing in custom tailored eyebrow grooming and opulent skincare services. The
conference room is a space used for teaching and holding seminars related to the industry. The program includes two accessible
restrooms, janitor room and utility room. The restrooms and Janitor Room would be shared with the spec retail space.
Tenant¬5HWDLOQHW6)
A Retail tenant with 7th Ave S street front entrance is proposed in the north building. Tenant would utilize the proposed Common
Restrooms.
Tenant 3 - Office - 1983 SF
Currently occupied and operated by a Spa Repair Service. The space includes an existing bathroom and open space for storage a
repair materials.
Residential
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FRPPRQURRIGHFNIRUUHVLGHQWLDOXVH$VHFRQGURRIWRSDFFHVVVWDLUZRXOGEHEXLOWWRSURYLGHDVHFRQGPHDQVRIDFFHVV¬(JUHVV
H[LWVWRWKH$OOH\¬7KHRZQHUPD\FRQVLGHUDJUHHQURRIODQGVFDSLQJGHSHQGLQJRQWKHH[LVWLQJEXLOGLQJVWUXFWXUHFDSDFLW\WRKROG
WKHDGGLWLRQDOORDG¬)RXU HQFORVHGSDUNLQJVSDFHVZLWKRYHUKHDGGRRUDFFHVVIURPWKHDOOH\ZRXOGEHSURYLGHGIRUWKH
Apartments and one guest open parking space on the Property.
Exterior Elevations Materials:
Stucco - very light beige. Use of brick rowlock window sills.
Brick - two tones - brown tones. The North building is existing lighter color brick.
Awnings - black with Awning Signs for those located on the Ground Level. Awnings proposed above each window and entry.
:LQGRZVH[LVWLQJRSHQLQJVZRXOGEHHQODUJHGDQGLQFOXGHDOXPLQXPVWRUHIURQWRQWKHILUVWIORRU GDUNEURQ]HDQRGL]HG ¬6OLGHU
windows (vinyl w/dark bronze color) for the 2nd floor apartments.
5RRIWRSJXDUGUDLOVZRXOGEHJODVVLQDEODFNRUGDUNEURQ]HPHWDOIUDPH¬
Landscaping
Site amenities on the sidewalks would include flower pots.
A green roof is being considered depending on capacity of the existing building structure.
Exterior Building Lighting: LED Wall Sconces are proposed to illuminate the building sign and supplement existing street lighting of
pedestrian walk.
$YHUWLFDOEXLOGLQJVLJQLVSURSRVHGRILQGLYLGXDOPRXQWHG QRQLOOOXPLQDWHG OHWWHUV¬
Office and Retail:
All tenant entrances are accessible.
A1
REF.D/WREF.D/WREF.D/WAPMT 1
APMT 2
APMT 3
NEW EXIT STAIR
STUCCO FINISH
GREEN ROOF
RESIDENTIAL
COMMONS
DECK
APMT 3
DECK
APMT 1
DECK
EGRESS PATH
1/8" = 1'-0"
SECOND FLOOR - RESIDENTIAL - APARTMENTS1
A2
1/8" = 1'-0"
SOUTH ELEVATION1
1/8" = 1'-0"
WEST ELEVATION2
A3
1/8" = 1'-0"
NORTH ELEVATION1
1/8" = 1'-0"
EAST ELEVATION2
A4
NO SCALE
PERSPECTIVE VIEW 011
NO SCALE
PERSPECTIVE VIEW 022
NO SCALE
PERSPECTIVE VIEW 033
NO SCALE
PERSPECTIVE VIEW 044
A5