CR 05-087 Zoning Ordinance Amendments - B-4
CITY OF
June 29, 2005
m
HOPKINS
Council Report 05-87
ZONING ORDINANCE AMENDMENTS - B-4
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 05-58, approvmg
Ordinance 05-951. amending the business district ordinance for first reading.
At the Zoning and Planning meeting, Ms. Hatcher moved and Ms. Halverson seconded a
motion to adopt Resolution RZ05-19, recommending approval of Ordinance 05-951,
amending the business district ordinance. The motion was approved unanimously.
Overview.
The East End Study was approved by the City Council last year. The Study recommended
uses for the east end that do not fit any existing zoning classification in the existing zoning
ordinance. The Planning Commission for the past several months has been reviewing
various uses and is now making a recommendation for a new B-4 zoning district.
After the zoning ordinance is approved, the Planning Commission will start rezoning various
properties to the new B-4 district.
Primarv Issues to Consider.
· What types of uses will be allowed in the B-4 zoning district?
· What will be the next step after the B-4 district is adopted?
· What was the discussion at the Zoning and Planning meeting?
SupportiDl! Documents.
. Analysis of issues
. Resolution 05-58
. Ordinance 05-951
~~
Nancy S. Anderson, AICP'
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR05-87
Page 2
. What types of uses will be allowed in the B-4 zoning district?
When the Planning Commission started the process to direct the future use of the east end,
there were parts of the other business districts that they wanted to incorporate into a new
district. Two of the concerns were not to have big box retail and uses such as a gas station or
fast food restaurant.
. What will be the next step after the B-4 district is adopted?
Following the adoption of the B-4 district, the Planning Commission will review various
parcels ofland and consider rezoning them to B-4. The main focus will be the east end, but
there may be other parcels that will be considered for a rezoning to B-4.
. What was the discussion at the Zoning and Planning meeting?
Ms. Anderson stated that the Planning Commission had been working on the B-4 zoning for
several months. It was also noted that following the adoption of the B-4 zoning, the Planning
Commission will be rezoning properties to the new zoning. The majority of the rezonings
will be the property identified on the east end. No one appeared at the public hearing
regarding this issue.
Alternatives.
1. Approve the zoning amendment to amend the Business District. By approving the
zoning amendment to amend the Business District, a new B-4 zoning district will be
added to the zoning ordinance.
2. Deny the zoning amendment to amend the Business District. By denying the zoning
amendment to amend the Business District, the zoning ordinance will remain the
same. 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.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05-58
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A B-4 ZONING DISTRICT
WHEREAS, an application for Zoning Amendment ZN05-6 has been made by the City of
Hopkins;
WHEREAS, the procedural history ofthe application is as follows:
I. That an application for a 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 June 28, 2005:
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 ZN04-6
is hereby approved based on the following Findings of Fact:
1. That the proposed amendments protect the health, safety, and welfare of the
community.
Adopted this 5th day of July 2005.
ATTEST:
Eugene J. Maxwell, Mayor
Terry Obermaier, City Clerk
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 "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;
(4) means that the use is limited to 5,000 square feet per business.
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 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.
(Amended Ord. 639) (Amended Ord. 96-787)
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
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)
Airport
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
x
(3)XBB
X X
(3)XBB XBB
X X
X X
(l)X X
X
(l)X X
(2)XA
X
(2)XB (2)XB
X X
X (2)XV
X X
X X
B-4
(2)XEE
X
X
X
X
X
(4)X
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
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
(l)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)XFF
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.
110.
111.
112.
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.
(2)XO
(2)XO
(1) 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)GG
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.
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.U.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 20
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 45
535.03. Conditional 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 parking 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-4.
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:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date