06-29-2010 JUNE JULY MEMBERS
S M T W T F S S M T W T F S ✓ UMMINGS `� LYNN
1 2 3 4 5 1 2 3 ;�EWCOMB �KIERMONT
�� 6 7 8 9 10 11 12 4 5 6 7 8 9 10 �EDDOR �ENNY
13 14 15 16 17 18 19 11 12 13 14 15 16 17 }�HATLESTAD ?�?.NDERSON
20 21 22 23 24 25 26 18 19 20 21 22 23 24
27 28 29 30 25 26 27 28 29 30 31
AGENDA
ZONING & PLANNING COMMISSION
Tuesday, June 29, 2010
REGULAR MEETING 6:30 P.M.
COUNCIL CHAMBERS
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� ITEM: Approve and sign minutes of the May 25, 2010, regular meeting.
COMMISSION ACTION: / / / /
CASE NO.
ZN10-4 REZONE 8098 EXCELSIOR BOULEVARD TO BUSINESS PARK
Public Public Hearing to consider a rezoning of 8098 Excelsior Boulevard
Hearing
COMMISSION ACTION: / / / /
CASE NO.
ZN10-6
REZONE 7630 EXCELSIOR BOULEVARD TO BUSINESS PARK
Public Public Hearing to consider a rezoning of 7630 Excelsior Boulevard
,.� Hearing
COMMISSION ACTION: / / / /
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AGENDA
ZONING & PLANNING COMMISSION
PAGE 2
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ITEM: MIXED USE
ITEM: REPRESENTATIVE TO UPDATE CITY COUNCIL
ADJOURNMENT
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ZONING AND PLANNING COMMISSION MINUTES
May 25, 2010
A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday,
May 25, 2010, at 6:30 p.m. in the Council Chambers of Hopkins City Hall.
Present were Commission Members, Kyle Skiennont, Molly Cummings, Kathy Newcomb,
Pat Beddor, Linda Flynn and Bob Hatlestad. Tom Jenny was absent.
Also present was staff inember Nancy Anderson.
CALL TO ORDER
Mr. Hatlestad called the meeting to order at 6:30 p.m. in the Council Chambers.
APPROVAL OF MINUTES
Mr. Skiermont moved and Mr. Beddor seconded the motion to approve the minutes of the
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Apri127, 2010, regular meeting. The motion was approved unanimously.
CASE NO: ZN10-1 ZONING AMENDMENT - SIGNS
Ms. Anderson reviewed the reasons for the proposed ordinance being returned to the
Commission for another review. Ms. Anderson reviewed with the Commission the following:
• property has to abut state or county roads, an advantage these properties would have over
properties that do not abut a state or county road
• frontage requirements
• views of sign from residential properties
The Commission discussed allowing other B-3 properties not abutting state or county roads to
have changeable signs, the frontage requirements, and the distance from residential properties.
The Commission is recommending that the frontage requirements be removed.
Ms. Flynn moved and Mr. Hatlestad seconded a motion to adopt Resolution RZ10-1B,
recommending approval of Ordinance 10-1215, amending the sign ordinance to allow
electronic changing signs to change every 20 minutes. The motion was approved
unanimously.
CASE NO: ZN10-4 REZONE 8098 EXCELSIOR BOULEVARD TO BUSINESS PARK
� Ms. Anderson reviewed the proposed rezoning.
MINUTES OF THE ZONING AND PLANNING MEETING ,
Page 2
The public hearing was opened at 7:02 p.m. No one appeared at the public hearing. Mr.
Skiermont moved and Mr. Beddor seconded a motion to close the public hearing. The motion �
was approved unanimously. The hearing was closed at 7:03 p.m.
Mr. Hatlestad moved and Mr. Skiermont seconded a motion to adopt Resolution RZ10-7,
recommending approval of Ordinance 10-1021, rezoning the property at 8098 Excelsior
Boulevard from I-2, General Industrial, to Business Park. The motion was approved
unanimously
CASE NO: ZN10-5 REZONE 7900 EXCELSIOR BOULEVARD TO BUSINESS PARK
Ms. Anderson reviewed the proposed rezoning.
The public hearing was opened at 7:06 p.m. No one appeared at the public hearing. Mr.
Skiermont moved and Mr. Beddor seconded a motion to close the public hearing. The motion
was approved unanimously. The hearing was closed at 7:07 p.m.
Mr. Skiermont moved and Mr. Hatlestad seconded a motion to adopt Resolution RZ10-8,
recommending approval of Ordinance 10-1022, rezoning the property at 7900 Excelsior
Boulevard from I-2, General lndustrial, to Business Park. The motion was approved
unanimously.
ITEM: MIXED USE
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Ms. Anderson reviewed the mixed use standards for the Corridor Mixed Use area for Eighth
Avenue. The Commission discussed the heights allowed and would like various heights
along Eighth Avenue.
ITEM: ELECTION OF OFFICERS
Ms. Flynn nominated Mr. Hatlestad for chair; Mr. Beddor seconded the motion. There were
no other nominations for chair. Mr. Hatlestad was approved as the chair on a 6-0 vote. Ms.
Newcomb nominated Mr. Beddor for vice chair; Mr. Hatlestad seconded the motion. There
were no other nominations for vice chair. Mr. Beddor was approved as the vice chair on a 6-0
vote.
ADJOURN
Mr. Skiermont moved and Mr. Beddor seconded a motion to adjourn the meeting. The
motion was approved unanimously. The meeting was adjourned at 7:25 p.m.
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• MINUTES OF THE ZONING AND PLANNING MEETING
Page 3
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MEMBERS
ATTEST:
Bob Hatlestad, Chair
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/� June 22, 2010 N� P K I N S Planning Report ZN10-4
REZONING—8098 EXCELSIOR AVENUE
Proposed Action
Staff recom�nends the following motion: Move to adopt Resolution RZ10-7, recoinmending
approval of Ordinance 10-1021, rezonin�he propertv at 8098 Excelsior Boulevard from I-2,
General Industrial, to Business Park.
Overview
The newly approved Comprehensive Plan has designated several sites within the City
differently than currently zoned. The City will now go through a process to rezone these
sites. One site is the current Jacob's Trading site located at 8098 Excelsior Boulevard.
This property is located on the east side of Hopkins and was fonnerly the Rainbow site.
After being vacant for many years, Jacob's Trading has moved in and has renovated the
landscaping along Excelsior Boulevard.
Primary Issues to Consider
• What is the Comprehensive Plan designation?
�� • What is the existing zoning of the subject site?
• What uses does the Business Park zoning allow?
• Can the property operate as an industrial use?
• Should the site be rezoned from I-2 to Business Park?
• Why is this rezoning back for Planning Commission action?
Supportin� Documents
• Analysis of Issues
• Business Park Ordinance
� Non-Conforming Use Ordinance
• Correspondence From Applicant's Attorney
• Resolution RZ10-7
• Ordinance 10-1021
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Nanc . Anderson, AIC
Planne
Financial Impact: $ N/A Budgeted: Y/N Source:
� Related Documents (CIP, ERP, etc.):
Notes:
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ZN]0-4
Page 2
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Primarv Issues to Consider
• What is the Comprehensive Plan designation?
The Coinprehensive Plan has designated the site as Business Park.
• What is the e�sting zoning of the subject site?
The site is zoned I-2, General Industrial.
• What does the Business Park zoning allow?
The Business Park zoning district allows office and a limited amount of warehouse. Limited
retail is allowed if the product is manufactured on site.
• Should the site be rezoned from I-2 to Business Park?
The I-2 zoning is an industrial zoning. With the proposed LRT to be constructed to the north
of the site, we expect that in the future this site will be redeveloped. When the site is
redeveloped it will have to be redeveloped as a Business Park use.
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• Can the property operate as an industrial use?
The site can operate as an industrial use with all the existing tenants or new tenants. There is
no time period that any tenants are required to move. Some of the uses will become legal
non-conforming and will not be able to be expanded.
The staff does concur that the site will probably not be redeveloped this year, but we are
looking to the future. When this site is ready for redevelopment, it will be zoned for the use
that the Comprehensive Plan process detennined would be the best use.
• Why is this rezoning back for Planning Commission action?
The owner of the building, Brad Hoyt, received the hearing notice after the ineeting. The
City Attorney and staff felt that because the notice was not received before the meeting the
City should hold another public meeting to give all people that want to speak the
opportunity..
Alternatives
1. Recoinmend approval of the rezoning. By recommending approval of the rezoning, the
City Council will consider a recommendation of approval.
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2. Recommend denial of the rezoning. By recorrunending denial of the rezoning, the City
ZN 10-4
Page 3
Council will consider a recommendation of denial. If the Planning Coinmission
considers this alternative, findings will have to be identified that support this alteinative.
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3. Continue for further infonnation. If the Plaruiing Cominission indicates that further
information is needed, the itein should be continued.
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Hopkins City Code (Zoning) 520.01
�� (Revised 12-28-06)
Section 520 - Zoninq; qeneral provisions
520.01. Application. Subdivision 1. Minimum standards. The provisions of this code
are the minimum requirements for the promotion of the public health, safety, morals,
and welfare. Where the conditions imposed by any provision of this code are either
more restrictive or less restrictive than comparable conditions imposed by any other
law, ordinance, statute, resolution, or regulation, the regulations which are more
restrictive or which impose higher standards or requirements pre�ail.
Subd. 2. General rule. No structure shall be erected, converted, enlarged,
reconstructed or altered, and no structure or land shall be used for any purpose nor
in any manner, which is not in conformity with the provisions of this code.
Subd. 3. Annexation. When land is proposed to be annexed to the city, the
commission shall hold a public hearing to determine zoning of the land. The result of
the hearing, along with a recommendation, shall be presented to the city council. In
the event of annexation proceedings becoming final before the permanent zoning is
determined, the annexed area shall be placed in the R-1-D district and such
classification is an interim category pending permanent classification.
Subd. 4 . Flood plain. The development of all land which is within the
designated flood plain of Minnehaha Creek or Nine Mi1e Creek shall conform to the
terms of this code and the requirements of the appropriate Watershed District.
�� (Amended Ord. No. 87-601)
520. 03. tlon-conforminq uses and structures. Subdivision 1. Grandfather. Any
obstruction or structure or use lawfully existing upon P.ugust 11, 1966, which would
not be permitted under the same standards may be continued as a non-conforming use at
the size and in the manner of operation existing upon August 11, 1966, except as
herein specified.
Subd. 2. Repair; restoration. Nothing in this subsection prevents modernizing
or repairing of a structure when said structure is declared unsafe by the building
inspector, providing the necessary repair shall not constitute more than 50 percent of
fair market value of such structure after such repair.
Subd. 3. Change in use. When lawful non-conforming use of any structure or
land in any district has been changed to a conforming use, it may not thereafter be
changed to any non-conforming use. A lawful non-conforming use in or on any location
may be changed to a different non-conforming use provided such new use is permitted in
the zoning classification applicable to such location or such new use is more
restrictive and if a more restrictive use is selected, the location sha11 not return
to the previous less restrictive use.
Subd. 4 . Damage or destruction. In the case of a nonconforming use destroyed
by fire or other peril to the extent of greater than 50 percent of its market value,
and no building permit has been applied for within 180 days of when the property is
damaged, a municipality may impose reasonable conditions upon a building permit in
order to mitigate any newly-created impact on adjacent property. (Amended Ord. 06-977)
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Section 520 Page I
Hopkins City Code (Zoning)
520.03, Subd. 5
(Revised 5-29-03)
Subd. 5 . Discontinuance. When a lawful non-conforming use of a structure or �
land is discontinued for a period of one year, any future use of the structure or land
shall be in conformity with the provisions of this code. (Amended Ord. 03-898)
Subd. 6. Special grandfather. A non-conforming presently existing use in or on
any premise which use was in being on or before January 1, 1972, except a use which is
non-conforming only because of failure to secure a conditional use permit is unlawful
and hereby prohibited and shall cease forthwith subject only to the granting of a
conditional use permit. A non-conforming use as above described which has arisen
after January 1, 1972, shall cease to exist and become prohibited one year from and
after the notification thereof upon the owner or occupant of such premises, such
notice to be by certified mail to the last known address of such owner or occupant.
The non-conforming use may be extended by resolution of the council provided the
expenditure necessary for conformance to this code is at least $10, 000 .
5ubd. 7 . Maintenance. Normal maintenance of a building or other structure
containing or related to a lawful non-conforming use is permitted, including necessary
non-structural repairs and incidental alterations which do not extend or intensify the
non-conforming use.
Subd. S. Expansion. Non-conforming uses may not be expanded beyond the
building in which the use is located.
Subd. 9. Additions. A non-conforming use shall not be extended but an addition
to a permitted use shall not be deemed the extension of a non- conforming use, if the
addition meets all other provisions of this ordinance. (Added Ord. No. 86-566)
Subd. 10. Improvements. An existing non-conforming structure in which a
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permitted use is conducted on a lot of sub-standard size may be improved if such
improvement meets all other provisions of this ordinance. (Added Ord. No. 86-566)
Subd. 11. Continuation of Use. Part of an existing use may continue if the
operation as a whole changes to another permitted use. (Added Ord. 95-777 [1-3-96] )
Subd. 12. Governmental agency action. If a government action renders a
building, sign, parking lot, or fence nonconforming, the property owner of the parcel
of land can petition the City Council to provide relief for the action. (Added Ord.
2000-a41 [7-is-oo] )
520 .04. Non-conforming Adult-oriented Businesses . Subd. 1. Notwithstanding any other
provision in this code or the City code to the contrary, an adult-oriented business
that was lawfully in existence as of June 13, 1995, may be continued as a lawful non-
conforming use until June 13, � 1996, provided, however, that no such non-conforming
adult-oriented business may be enlarged or increased, nor may it be extended to occupy
a greater area of land than that which was occupied as of June 13, 1995. No such
nonconforming adult-oriented business may be moved to any other part of the parcel of
land upon which it was conducted as of June 13, 1995 .
Subd. 2. Variance. The owner or operator of any non-conforming adult-oriented
business may request a variance from Subdivision 1 of this subsection provided,
however, that any such request must be made by written application submitted no later
than March 13, 1996. No such variance may be granted unless the applicant demonstrates
that the time period set forth in Subdivision 1 would cause an undue hardship because
of circumstances unique •to the individual property under consideration and that the �
Section 520 Page 2
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Hopkins City Code(Zoning) 541.01
(Effective 5/29/03)
Section 541 -Zoning: business park
541.01 Business Park. The purpose of the Business Park District 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 o�ce buildings for corporate, administrative, executive,
profcssional, rescarch, salcs rcprescntatives'offices,or similar organizations and hotels.
b. Office, showroom and tech uses that occupy at least 60 percent of the
gross floor area of the building and warehouse, and light manufacturing uses that occupy
a maximum of 40 percent. (Amended Ord. 03-898)
c. Retail sale of products manufactured, warehoused or distributed on the
preinises where 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.
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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 sizc 1 acrc (43,560 square fcct)
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 cach additional foot of building hcight abutting a
residential district.
d) minimum building setbacks
1) front yard 20 fcet
50 feet abutting residential district
2) side yard 20 feet
50 feet abutting residential district
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Section 541 Page 1
Hopkins City Code(Zoning) 541.03 (d)(3) �--
(Effective 6/30/98)
3) rear yard 20 feet
50 feet abutting residential district
e) floor area ratio 1.00
fl minimum parking setbacks
1)front yard: 20 feet
50 feet abutting residential district
2)side yard: 10 feet
50 feet abutting residential district
3)rear yard: 10 feet
50 fcet abutting residcntial district
(If the development involves a parking structure,the building setbacks apply to the parking structure)
g) lot coverage: M�imum lot coverage shall be 85 percent and shall be calculated to include
buildings footprints;parking areas;driveways; loading, storage and trash areas and other areas covered by
any impervious surface. �
541.04. Parking and loading areas. Subdivision 1. Off-street parking and loading areas must conform to
the requirements of Section 550 with the following additional requirements:
Subd. 2. Curbs. All parking and loading arcas, aisles and drivcways shall be bordcrcd with
raised concrete curbs approved by the City.
Subd. 3. Loadin d�ks. All loading docks shall be located on the interior of the site or shall be
screened from the public right-of-way.
Subd. 4. Buffer. A planting buffer screen shall screen a11 off-street parking. This buffer shall
include a berm at a minimum height of three and one-half feet and landscaping adequate to screen the
parking lot.
Subd. 5. Traffic. Thc project shall be designcd to minimizc traffic impacts to any adjacent
residential
neighborhood. A traffic study may be required to demonstrate compliance with the requirement.
541. O5. Trash. The trash areas on the site shall be consolidated. Trash, recyclable materials, and
associatcd handling equipmcnt shall be storcd within the principal structure or in an acccssory structurc,
attached or separate from the primary structure, constructed of building material compatible with the
principal structure.
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Section 541 Page 2
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Hopkins City Code(Zoning) 541.06
(Effective 6/30/98)
541.06. Open Storage. Open storage areas shall be prohibited in the business park zoning district. Long-
term outdoor parking or storage of commercial tractors and trailers is also prohibited.
541.07. Landscapin requirements. Subdivision 1. All open areas of a lot that are not used or improved
for rcquired parking areas and drives shall be landscaped with a combination of overstory trees,
understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include
ground cover, bushes, shrubbery, trees, sculpture, fountains, decorative walks or other similar site design
features or materials. The following table is a minimum value for bushes, shrubbery and trees:
Project Valuc Minimum
(Including building construction, Landscape Value
improvements)
Below$1,000,000 2%
$1,000,000 - $2,000,000 $20,000+ 1%
of project value
in excess of
� $1,000,000
$2,000,000--$3,000,000 $30,000+.75%
of project value
in excess of
$2,000,000
$3,000,000--$4,000,000 $37,500+ .25%
of project value
in excess of
$3,000,000
over$4,000,000 1%
Documentation showing an estimated dollar amount of landscaping shall be provided to the City prior to
any approval.
Subd. 2. Existing materials. In instances where healthy plant materials of acceptable species as
determined by the City Forester e�st on a site prior to its development,the application of the standards in
this subdivision may be adjusted by the City to allow credit for such material,provided that such
adjustment is consistent with the intent of this ordinance. The City may permit the seeding of areas
rescrved for future expansion of thc dcvclopmcnt if consistcnt with thc intcnt of this ordinancc.
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Section 541 Page 3
Hopkins City Code(Zoning) 541.07, Subd. 3 �--
(Effective 6/30/98)
Subd. 3. Preservation. A reasonable attempt shall be made to preserve as many existing trees as
is practicable and to incorporate them into the sitc plan. A plan shall bc submitted to the City showing the
step to be undertaken to preserve the existing trees.
Subd. 4. Size. All new overstory trees sha11 be balled and burlapped or moved from the growing
site by tree spade. Deciduous trees shall have a ininimum caliper of 2 1/2 inches. Coniferous trees shall
be a minimum of six feet in height. Omamcntal trecs shall have a minimum caliper of 1 1/2 inchcs.
Subd. 5. Ground cover. All site areas not covered by buildings, sidewalks, parking lots,
driveways, patios or similar hard surface materials shall be covered with sod or an equivalent ground
cover approved by the City. This requirement shall not apply to site areas retained in a natural state.
Subd. 6. Im a�on. In order to provide for adequate maintenance of landscaped areas, an
underground sprinkler system shall be provided as part of each new development. A sprinkler system
shall be provided for all landscaped areas except areas to be preserved in a natural state. The sprinkler
system is required to have a sensor for an automatic shut-off to prevent the system from operating when it
is raining.
Subd. 7. Parkin�areas. Parking areas shall be landscaped and planted throughout the lot to the
extent of at least 5°/a(excluding landscaping abutting the parking area and any public right-of-way) of the
actual surfaced area.
Subd. 8. Internal plans. The landscape plan shall also show the pathway system both interior and �
exterior,width and materials, screening fences with details, lighting system,recreation features,if any.
541.08. Architectural Standards. It is not the intent of the City to restrict design freedom unduly when
reviewing project architecture in connection with a site and building plan. However, it is in the best
intcrest of the City to promote high standards of architccture design and compatibility with surrounding
structures and neighborhoods.
a) architectural plans shall be prepared by an architect or other qualified person
acceptable to the planning department and shall show the following:
1) elevations of all sides of the building;
Z) type and color of exterior building materials;
3) typical floor plan;
4) dimensions of all structures; and
5) the location of trash containers and of heating, ventilation and air
conditioning cquipment.
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Section 541 Page 4
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Hopkins City Code(Zoning) 541.08 (b)
(Effective 6/30/98)
b) all buildings shall be finished on all sides with permanent finished materials
of consistent quality. Major exterior surfaces of all primary structures shall be face brick,
architectural concrete, glass, stucco, synthetic stucco, decorative block, or stone. Precast
panels and concrete block may be acceptable if incorporated in a building design that is
compatiblc with other dcvelopment throughout the district. Thc determination if precast
panels and concrete block are acceptable is in the sole discretion of the Zoning and
Planning Commission and City Council. A wall surface may use wood, vinyl, or metal,
as accent material, provided they are appropriately integrated into the overall building
design.
c) a11 rooftop or ground mounted mechanical equipment, satellite dish antennas,
and exterior trash storage areas shall be screened with materials compatible with the
principal structure.
d) undcrground utilitics shall bc provided for all ncw and substantially renovatcd
structures.
e) accessory structures, either attached or detached from the primary structure,
---� shall be constructed of identical materials, style, quality, and appearance as the principal
structure.
fl screen walls, and exposed areas of retaining walls shall be of a similar type,
quality, and appearance as the principal structure.
541.09. Other information. The staff may require other information to complete the review of a business
park. Other rcquircmcnts may includc a traffic study, lighting analysis, and a shadow analysis. All
studies and analysis will be paid for by the applicant.
541.10. Li�hting. A lighting/illumination plan shall be submitted for review. The lighting/illumination
plan shall detail the type and quantity of the lighting on the site. Plans for site lighting shall be
coordinatcd with thc landscapc plan for dcvclopments within thc subjcct arca. Such lighting plans shall
be designed to avoid any off-site glare from site lighting and any unnecessary light trespass. Maximum
fixture height shall be compatible with the scale for the development and adjacent landscape features.
^�
Section 541 Page 5
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^ CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: RZ10-7
RESOLUTION MAKING FINDINGS OF FACT AND
RECOMMENDING APPROVAL OF AN ORDINANCE
REZONING 8098 EXCELSIOR BOULEVARD FROM I-2 TO BUSINESS PARK
WHEREAS, an application for Zoning Ainendinent ZN10-4 has been initiated by The City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. On March 2, 2010, The City of Hopkins adopted The City of Hopkins 2010-2030
Comprehensive Plan (the "Comprehensive Plan") in accordance with the
requirements of Minnesota Statutes Section 473.864. The Comprehensive Plan
designates the property at 8098 Excelsior Boulevard (the "Property") for Business
Park zoning classification.
2. The Property is presently zoned as I-2 zoning classification.
--�
3. Minnesota Statutes Section 473.865 requires that The City of Hopkins' zoning
code shall be amended within nine months following the adoption of the
Comprehensive Plan so as not to conflict therewith.
4. That, in order to coinply with Minnesota Statutes Section 473.865, an application
for zoning ainendment to rezone the Property to Business Park classification was
initiated by The City of Hopkins pursuant to Section 525.09 of The Hopkins City
Code.
5. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on June 29, 2010:
all persons present were given an opportunity to be heard.
6. That the written coinments and analysis of City staff were considered.
7. The legal description of the Property is as follows:
That part of Lots 75 and 76, Auditor's Subdivision Number 239, Hennepin,
Minnesota, described as follows, to-wit: Commencing at the Northeast corner of
said Lot 75; thence Southwesterly along the Northerly line of said Lot 75 a
distance of 592.17 feet to a point 535.0 feet West of ineasured at right angles to,
the East line of said Lot 75; thence Southerly 1081.95 feet parallel with the East
'� line of said Lots 75 and 76 to the South line of said Lot 76; thence Easterly along
the South line of said Lot 76 a distance of 536.18 feet to the Southeast corner of
said Lot 76; thence North 1300.42 feet along the East line of Lots 75 and 76 to the
point of beginning except the Northwesterly 30 feet thereof.
HopCiviUResolutionNo.RZ 10-7 1
s •
♦ ^ r
Parcel 2:
�
That part of Lots 75 and 76 in Auditor's Subdivision Nuinber 239, Hennepin
County, Minnesota lying between two lines which are paralle] with and distant
respectively 535 feet and 635 feet West, ineasured at right angles, froin the East
line of said Lots 75 and 76, except the Northwesterly 30 feet of Lot 75 and except
that part heretofore taken for highway purposes, as shown in document No.
4414044, according to the recorded plat thereof, and situate in Hennepin County,
Minnesota.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN10-4
is hereby recoinmended for approval based on the following Findings of Fact:
1. That the Metropolitan Council approved the Comprehensive Plan on October 28,
2009.
2. That the Hopkins City Council gave the final approval far the Comprehensive Plan
on March 2, 2010.
3. That the Coinprehensive Plan designates the Property for Business Park zoning
classification.
4. Minnesota Statutes Section 473.865 requires that The City of Hopkins' zoning code
shall be amended within nine inonths following the adoption of the Coinprehensive
Plan so as not to conflict therewith.
5. That with the rezoning to Business Park zoning classification and amendment of the
official zoning map to designate the Property as being within a Business Park �
zoning district, the zoning and the Comprehensive Plan designation for the Property
will not be in conflict and will be consistent.
Adopted this 29th day of June 2010
Robert Hatlestad, Chair
�
HopCiviUReso]utionNo.RZ10-7 2
. ♦ •
CITY OF HOPKINS
� Hennepin County, Minnesota
ORDINANCE NO. 10-1021
AN ORDINANCE REZONING 8098 EXCELSIOR BOULEVARD FROM I-2, GENERAL
INDUSTRIAL, TO BUSINESS PARK
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of I-2, General Industrial, upon the following described
premises is hereby repealed, and in lieu thereof, the said premises are hereby zoned as Business
Park:
That part of Lots 75 and 76, Auditor's Subdivision Number 239, Hennepin, Minnesota,
described as follows, to-wit: Commencing at the Northeast corner of said Lot 75; thence
Southwesterly along the Northerly line of said Lot 75 a distance of 592.17 feet to a point 535.0
feet West of ineasured at right angles to, the East line of said Lot 75; thence Southerly 1081.95
feet parallel with the East line of said Lots 75 and 76 to the South line of said Lot 76; thence
Easterly along the South line of said Lot 76 a distance of 536.18 feet to the Southeast corner of
said Lot 76; thence North 1300.42 feet along the East line of Lots 75 and 76 to the point of
^ beginning except the Northwesterly 30 feet thereof.
Parcel2:
That part of Lots 75 and 76 in Auditor's Subdivision Number 239, Hennepin County, Minnesota
lying between two lines which are parallel with and distant respectively 535 feet and 635 feet
West, measured at right angles, from the East line of said Lots 75 and 76, except the
Northwesterly 30 feet of Lot 75 and except that part heretofore taken for highway purposes, as
shown in document No. 4414044, according to the recorded plat thereof, and situate in Hennepin
County, Minnesota.
The official zoning inap is hereby ainended to change the zoning classification of the above
described property to Business Park.
First Reading: July 6, 2010
Second Reading: July 20, 2010
Date of Publication: July 29, 2010
Date Ordinance Takes Effect: July 29, 2010
�\
Eugene J. Maxwell, Mayor
: .
ATTEST:
�
Terry Obennaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
�
� �i
• GITY OF
�� yOPKINs
June 22, 2010 Planning Report ZN 10-6
REZONING—7630 EXCELSIOR AVENUE
Proposed Action
Staff recommends the following motion: Move to adopt Resolution RZ10-9, recoinmending
approval of Ordinance 10-1024, rezoning the property at 7630 Excelsior Boulevard fi-om I-2,
General Industrial, to Business Park.
Overvie�v
The newly approved Comprehensive Plan has designated several sites within the City
differently than currently zoned. The City will now go through a process to rezone these
sites. One site is the office building at 7630 Excelsior Boulevard.
This parcel is in both Hopkins and St. Louis Park, the east 30 feet of the property is in St.
Louis Park. The majority of the building is in Hopkins. The building is an office and
warehouse use.
^
Primarv Issues to Consider
• What is the Comprehensive Plan designation?
• What is the existing zoning of the subject site?
• What does the Business Park zoning allow?
• What has St. Louis Park zoned and guided their part of the building?
• Should the site be rezoned from I-2 to Business Park?
Supportiu�Documents
• Analysis of Issues
• Business Park Ordinance
• Resolution RZ10-9
• Ordinance 10-1024
' V CAf 1 ���
Nanc . Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
� Related Documents (CIP, ERP, etc.):
Notes:
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ZN10-6
Page 2
--�
Primary Issues to Consider
• What is the Comprehensive Plan designation?
The Comprehensive Plan has designated the site as Business Park.
• What is the existing zoning of the subject site?
The site is zoned I-2, General Industrial.
• What does the Business Park zoning allow?
The Business Park zoning district allows office and a limited amount of warehouse. Limited
retail is allowed if the product is manufactured on site.
• What has St. Louis Park zoned and guided their part of the building?
St. Louis Park has guided the parcel IG, General Industrial. The parcel is zoned IND,
Industrial.
--� • Should the site be rezoned from I-2 to Business Park?
The I-2 zoning is an industrial zoning. The existing use of this building is an office and
warehouse use. With the proposed LRT to the north it is perceived that this site would have
a higher use than an industrial use. The current uses can remain in the building. The new
zoning will be triggered either when the site is vacant for a period of one year or the site is
redeveloped.
Alternatives
1. Recorrunend approval of the rezoning. By recoinmending approval of the rezoning, the
City Council will consider a recoirunendation of approval.
2. Recommend denial of the rezoning. By recoinmending denial of the rezoning, the City
Council will consider a recommendation of denial. If the Planning Commission
considers this alternative, fndings will have to be identified that support this alternative.
3. Continue for further information. If the Plaruling Commission indicates that further
information is needed, the itein should be continued.
�'\
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Herulepin �ounty 1'roperty Iv1ap Print Page 1 of 1
� _ __ _ __
Hennepin County Property Map - Tax Year: 2010
The da[a contained on this page is derived from a compilation of records and maps and may contain discrepancies[hat can only be disclosed by an accurate survey performed by a licensed
land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference Ourposes only.
Hennepin Counry does not guarantee the accuracy of material herein contained and is not resDonsible for any misuse or misrepresentation of this information or its deriva[ives.
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Selected Parcel Data Date Printed: 6/17/2010 1:21:24 PM
ParcelID: 20-117-21-32-0004 Current ParcelDate:6/3/2010
Owner Name: OPTIMISTIC LLC
Parcel Address:7630 EXCELSIOR BLVD, HOPKINS,MN 55343
Property Type: INDUSTRIAL-PREF Sale Price: $1,400,000.00
Homestead:NON-HOMESTEAD Sale Date:OS/2004
Area (sqft): 62078 Sale Code:
Area (acres): 1.43
�� A-T-B: TORRENS
Market Total: $1,360,000.00
�Tax Total: $46,775.08
http://gis.co.hennepin.iml.us/HCPropertyMap/Locator.aspx 06/17/2010
Hopkins City Code(Zoning) 541.01 `'
(Effective 5/29/03)
Section 541 -Zoning: business park
541.01 Business Park. The purpose of the Business Park District is intended to allow for business and
industrial operations. Tt�e 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 eacept for one or more
of the following uses:
a. Free standing office buildings for corporate, administrative, executive,
profcssional, rescarch, salcs rcpresentatives'offices,or similar organizations and hotels.
b. Office, showroom and tech uses that occupy at least 60 percent of the
gross floor area of the building and warehouse, and light manufacturing uses that occupy
a maximum of 40 percent. (Amended Ord. 03-898)
c. Retail sale of products manufactured, warehoused or distributed on the
premises where 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 fcct)
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 sctback for cach additional foot of building height abutting a
residential district.
d) minimum building setbacks
1) front yard 20 fcct
50 feet abutting residential district
2) side yard 20 feet
. 50 feet abutting residential district
�
Section 541 Page 1
�
Hopkins City Code(Zoning) 541.03 (d)(3)
(Effective 6/30/98)
3) rear yard 20 feet
50 feet abutting residential district
e) floor area ratio 1.00
fl minimum parking setbacks
1)front yard: 20 feet
50 feet abutting residential district
2)side yard: 10 feet
50 feet abutting residential district
3) rear yard: 10 feet
50 fcct abutting residcntial district
(If the development involves a parking structure,the building setbacks apply to the parking structure)
'� g) lot coverage: Maximum lot coverage shall be 85 percent and shall be calculated to include
buildings footprints;parking areas; driveways; loading, storage and trash areas and other areas covered by
any impervious surface.
541.04. Parkin�and loadin�areas. Subdivision 1. Off-street parking and loading areas must conform to
the requirements of Section 550 with the following additional requirements:
Subd. 2. Curbs. All parking and loading arcas, aislcs and drivcways shall bc bordcred with
raised concrete curbs approved by the City.
Subd. 3. Loadin dg ocks. All loading docks shall be located on the interior of the site or shall be
screened from the public right-of-way.
Subd. 4. Buffer. A planting buffer screen shall screen a11 off-street parking. This buffer shall
include a berm at a minimum height of three and one-half feet and landscaping adequate to screen the
parking lot.
Subd. 5. Traffic. Thc project shall bc dcsigncd to minimizc traffic impacts to any adjaeent
residential
neighborhood. A traffic study may be required to demonstrate compliance with the requirement.
541. O5. Trash. The trash areas on the site shall be consolidated. Trash, recyclable materials, and
associatcd handling equipment shall be stored within thc principal structurc or in an accessory structurc,
attached or separate from the primary structure, constructed of building material compatible with the
pnncipal structure.
�\
Section 541 Page 2
Hopkins City Code(Zoning) 541.06 �`''
(Effective 6/30198)
541.06. Open Stora�e. Open storage areas shall be prohibited in the business park zoning district. Long-
term outdoor parking or storage of commercial tractors and trailers is also prohibited.
54].07. Landscaping requirements. Subdivision 1. All open areas of a lot that are not used or improved
for required parking areas and drives shall bc landscapcd with a combination of ovcrstory trces,
understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include
ground cover, bushes, shrubbery, trees, sculpture, fountains, decorative walks or other similar site design
features or matenals. The following table is a minimum value for bushes, shrubbery and trees:
Projcct Value Minimum
(Including building construction, Landscape Value
improvements)
Below$1,000,000 2%
$1,000,000 -$Z,000,000 $20,000+ 1%
of project value
in excess of
$1,000,000
$2,000,000--$3,000,000 $30,000+ .75% �
of project value
in excess of
$2,000,000
$3,000,000--$4,000,000 $37,500+.25%
of project value
in excess of
$3,000,000
over$4,000,000 1%
Documentation showing an estimated dollar amount of landscaping shall be provided to the City prior to
any approval.
Subd. 2. E�stin� materials. In instances where healthy plant materials of acceptable species as
determined by the City Forester exist on a site prior to its development,the application of the standa.rds in
this subdivision may be adjusted by the City to allow credit for such material,provided that such
adjustment is consistent with the intent of this ordinance. The City may permit the seeding of areas
rescrved for futurc cxpansion of the devclopmcnt if consistent with thc intent of this ordinance.
�
Section 541 Page 3
---.
Hopkins City Code(Zoning) 541.07, Subd. 3
(Effective 6/30198}
Subd. 3. Preservation. A reasonable atteinpt shall be made to preserve as many existing trees as
is practicablc and to incorporate them into thc site plan. A plan shall bc submitted to the City showing the
step to be undertaken to preserve the existing trees.
Subd. 4. Size. All new overstory trees shall be balled and burlapped or moved from the growing
site by tree spade. Deciduous trees shall have a minimum caliper of 2 1/2 inches. Coniferous trees shall
bc a minimum of six fcet in height. Ornamental trccs shall have a minimum caliper of 1 1/2 inchcs.
Subd. 5. Ground cover. All site areas not covered by buildings, sidewalks, parking lots,
driveways, patios or similar hard surface materials shall be covered with sod or an equivalent ground
cover approved by the City. This requirement shall not apply to site areas retained in a natural state.
Subd. 6. Im a� tion. In order to provide for adequate maintenance of landscaped areas, an
underground sprinkler system shall be provided as part of each new development. A sprinkler system
shall be pro��ided for all landscaped areas except areas to be preserved in a natural state. The sprinkler
system is required to have a sensor for an automatic shut-offto prevent the system from operating when it
is raining.
Subd. 7. Parking areas. Parking areas shall be landscaped and planted throughout the lot to the
extent of at least 5%(excluding landscaping abutting the parking area and any public right-of-way)of the
�"'� actual surfaced area.
Subd. 8. Internal plans. The landscape plan shall also show the pathway system both interior and
exterior,width and materials, screening fences with details, lighting system, recreation features, if any.
541.08. Architectural Standards. It is not the intent of the City to restrict design freedom unduly when
reviewing project architecture in connection with a site and building plan. However, it is in the best
interest of the City to promote high standards of architecture dcsign and compatibility with surrounding
structures and neighborhoods.
a) architectural plans shall be prepared by an architect or other qualified person
acceptable to the planning department and shall show the following:
1) elevations of all sides of the building;
2) type and color of exterior building materials;
3) typical floor plan;
4) dimensions of all structures; and
5) the location of trash containers and of heating, ventilation and air
conditioning cquipmcnt.
��
Section 541 Page 4
Hopkins City Code(Zoning) 541.08 (b) �
(Effective 6/30/98)
b) all buildings shall be finished on all sides with permanent finished materials
of consistent quality. Major exterior surfaces of all primary structures shall be face brick,
architectural concrete, glass, stucco, synthetic stucco, decorative block, or stone. Precast
panels and concrete block may be acceptable if incorporated in a building design that is
compatiblc with other dcvelopment throughout the district. The dctermination if prccast
panels and concrete block are acceptable is in the sole discretion of the Zoning and
Planning Commission and City Council. A wall surface may use wood, vinyl, or metal,
as accent material, provided they are appropriately integrated into the overall building
design.
c) all rooftop or ground mounted mechanical equipment, satellite dish antennas,
and exterior trash storage areas shall be screened with materials compatible with the
principal structure.
d) underground utilitics shall bc providcd for all ncw and substantially rcnovated
structures.
e) accessory structures, either aitached or detached from the primary structure,
shall be constnzcted of identical materials, sTyle, quality, and appearance as the principal
structure.
�.
fl screen walls, and exposed areas of retaining walls shall be of a similar type,
qualiTy, and appearance as the principal structure.
541.09. Other information. The staff may require other information to complete the review of a business
park. Othcr rcquircments may includc a traffic study, lighting analysis, and a shadow analysis. All
studies and analysis will be paid for by the applicant.
541.10. Li_�hting. A lighting/illumination plan shall be submitted for review. The lighting/illumination
plan shall detail the type and quantity of the lighting on the site. Plans for site lighting shall be
coordinated with thc landscapc plan for devclopmcnts within thc subject arca. Such lighting plans shall
be designed to avoid any off-site glare from site lighting and any unnecessary light trespass. MaYimum
fixture height shall be compatible with the scale for the developinent and adjacent landscape features.
�
Section 541 Page 5
� CITY OF HOPHINS
Hennepin County, Minnesota
RESOLUTION NO: RZ10-9
RESOLUTION MAKING F1NDINGS OF FACT AND
RECOMMENDING APPROVAL OF AN ORDINANCE
REZONING 7630 EXCELSIOR BOULEVARD FROM I-2 TO BUSINESS PARK
WHEREAS, an application for Zoning Ainendment ZN10-6 has been initiated by The City of Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. On March 2, 2010, The City of Hopkins adopted The City of Hopkins 2010-2030
Comprehensive Plan (the "Comprehensive Plan") in accordance with the
requireinents of Minnesota Statutes Section 473.864. The Comprehensive Plan
designates the property at 8098 Excelsior Boulevard (the "Property") for Business
Park zoning classification.
2. The Property is presently zoned as I-2 zoning classification.
3. Minnesota Statutes Section 473.865 requires that The City of Hopkins' zoning
� code shall be ainended within nine inonths following the adoption of the
Comprehensive Plan so as not to conflict therewith.
4. That, in order to coinply with Minnesota Statutes Section 473.865, an application
for zoning ainendinent to rezone the Property to Business Park classification was
initiated by The City of Hopkins pursuant to Section 525.09 of The Hopkins City
Code.
5. That the Hopkins Zoning and Planning Coinmission published notice, held a
public hearing on the application and reviewed such application on June 29, 2010:
all persons present were given an opportunity to be heard.
6. That the written conunents and analysis of City staff were considered.
7. The legal description of the Property is as follows:
That part of the northwest '/ of the southwest '/ lying west of the east 917.3 feet
thereof and north of Excelsior Boulevard excluding road.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN10-6
is hereby recormnended for approval based on the following Findings of Fact:
l. That the Metropolitan Council approved the Comprehensive Plan on October 28,
^ 2009.
2. That the Hopkins City Council gave the final approval for the Comprehensive Plan
on March 2, 2010.
3. That the Comprehensive Plan designates the Property for Business Park zoning
classification.
4. Mimiesota Statutes Sectiou 473.865 requires that Tlie City of Hopkins' zoning code
shall be ainended within nine months following the adoption of the Comprehensive
Plan so as not to conflict therewith. �
5. That with the rezoning to Business Park zoning classification and amendinent of the
official zoning map to designate the Property as being within a Business Park
zoning district, the zoning and the Comprehensive Plan designation for the Property
will not be in conflict and will be consistent.
Adopted this 29th day of June 2010
Robert Hatlestad, Chair
��
' �i
CITY OF HOPKINS
^ Hennepin County, Minnesota
ORDINANCE NO. 10-1024
AN ORDINANCE REZONING 7630 EXCELSIOR BOULEVARD FROM I-2, GENERAL
INDUSTRIAL, TO BUSINESS PARK
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of I-2, General Industrial, upon the following described
premises is hereby repealed, and in lieu thereof, the said premises are hereby zoned as Business
Park:
West 151 feet of the east 851.3 feet of south 461 feet of that part of northwest '/ of southwest '/
lying north of center line of Excelsior Boulevard excluding road.
The official zoning map is hereby amended to change the zoning classification of the above
described property to Business Park.
^ First Reading: July 6, 2010
Second Reading: July 20, 2010
Date of Publication: July 29, 2010
Date Ordinance Takes Effect: July 29, 2010
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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City Attorney Signature Date
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� MEMO
To: Zoning and Planning Commission
From: Nancy Anderson
Date: June 23, 2010
Subject: Conditional Use Standards
Attached are the proposed conditional use standards for the Mixed Use district. Please
review the proposed conditions and uses. Uses and conditions can be added or
deleted.
Attachments
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MIXED USE �
RESIDENTIAL NMU CMU ComMU
(Blake) (8�h Ave) (Shady
Oak)
Multi—unit dwellings x � x x
Townhomes x x
COMMERCIAL
Bar/Tavern x
Hotel x
Office x x x
Art Galleries x �
Artisan Shop x x
Bakery x x x
Bank and Financial Services x ) x( x(a)
Beaut or Barber Sho x x x
Bike Sales x x
Books—Office su lies x x
Boutiques x x
Butcher x x x
Camera— hotogra hic x x
Clothing Store x
Clubs (private—non rofit) x x x
Coffee Sho x x x
Collectibles (cards, coins, comics, x x
stam s, etc)
Costume and Formal Wear Rental x x
Currency Exchange x (b ) x (b)
Day Nursery x x x
Delicatessen x x x
Dry clean and laundry x x x
Educational Facilities x x (c) x
Electronics x (d) x (d
Employrnent agenc x x x �
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Essential public service & utility x x x
structures
Fabric and sewing store x x
Florists x x x
Garden and landsca e x(e) x (e)
Gifts and novelties ' x x
Glassware, china, potter x
Health Club x x
Health, Karate, Dance —studio x x
Hobby—craft—instruction x x
Ice Cream x x x
Indoor Sports and Recreation x x(fl x
Facility
Interiors—decoration studio x x
Jewelry x x
Leather goods—luggage x x
Liquors - off sale x x x
Locksmith and fixit sho x x x
Medical Service x x x
�� Music store x
Neighborhood inarket x x x
O tical jewelry mf x x
Paint and wall a er x
Parkin ram s and lots x x x
Pawn shop—antiques—used x x
materials
Pet Groomin x x
Pet Store x x
Pharmacy—dru store x x ( g)
Photogra hy—studio x
Picture framing—art sho x
Pipe—tobacco shop x x x
Print sho x x x
Research labs x
Restaurant- traditional x x x
Restaurant—carry-out and x x x
delivery
Shoes—boot store x x
S ortin oods x x
Stationery—card shop x x x
Street food vendors x x x
�� Tailorin x x x
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Travel agent x x x
Variety Store x x
Vet Clinic x x x
Video—sales, rental x x x
CIVIC
Transit Station x x x
Park and Ride Facility x x x
Public o en s ace/ ark x x x
Conditional uses
a. Bank and Financial Services provided:
1. no drive thru �-- � �-�QX i���
b. Currency Exchange
l. the use shall be located at least one thousand (1,000) feet from any other currency
exchanges, secondhand goods stores, and pawnshops;
2. the use shall be located at least three hundred fifty (350) feet from an off-sale
liquor establishment;
3. Back—lighted signs, back-lighted awnings, portable signs, temporary signs and
freestanding signs are prohibited. �--
c. Educational Facilities provided:
1. use shall not be located on first floor
d. Electronics provided:
1. less than 5000 square feet
e. Garden and landscape provided:
1. outside display limited to area in front of store
f. Indoor sports and recreation facility provided:
1. less than 5000 square feet
g. Pharmacy—drug store provided:
l. less than 5000 square feet
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