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06-28-2011 � � JUNE JULY MEMBERS S M T W T F S S M T W T F S CUMMINGS KUZNIA � 1 2 3 4 1 2 NAEF DATTA 5 6 7 8 9 10 11 3 4 5 6 7 8 9 BEDDOR JENNY 12 13 14 15 16 17 18 10 11 12 13 14 15 16 HATLESTAD ANDERSON 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 � AGENDA ZONING & PLANNING COMMISSION Tuesday, June 28, 2011 JOINT MEETING 6:30 P.M. RASPBERRY ROOM REGULAR MEETING 8:00 P.M. � COUNCIL CHAMBERS ----------------------------------------------------- JOINT MEETING ITEM: Approve and sign minutes of the May 31, 2011, regular ineeting. COMMISSIONACTION: (�r� 1 1� '�UC�}� / / / / CASE NO. ORDINANCE AMENDMENTS -VARIANCES ZN11-3 Public Public Hearing to consider amending the Zoning Ordinance relating to Hearing variances. � COMMISSION ACTION: / / / / /� /1 �� • � : , _ ___ AGENDA ZONING & PLANNING COMMISSION PAGE 2 � CASE NO. ORDINANCE AMENDMENT5 - MIXED USE ZN11-4 Public Public Hearing to consider adding a Mixed Use Zoning District. Hearing COMMISSION ACTION: / / / / CASE NO. VN11-1 VARIANCE - REAR YARD SETBACK- 100 HOMEDALE ROAD Consideration of a reai yard setback vaiiance at 100 Homedale Road. COMMISSION ACTION: / / / / ,-. ITEM: REPRESENTATIVE TO UPDATE CITY COUNCIL ADJOURNMENT � '"� �� r � - � ZONING AND PLANNING COMMISSION MINUTES May 31, 2011 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, May 31, 2011, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Molly Cummings, Doug Datta, Pat Beddor, Tom Jenny, Andrea Naef, Bob Hatlestad and Aaron Kuznia. Also present were staff inembers Nancy Anderson and John Bradford. CALL TO ORDER Mr. Hatlestad called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Mr. Kuznia moved and Mr. Datta seconded the motion to approve the minutes of the Apri126, 2011, regular meeting. The motion was approved unanimously. ITEM: SITE PLAN APPROVAL—415 - 17TH AVENUE NORTH � Ms. Anderson reviewed the proposed redevelopment of the former Mayon Plastic building. Dave Carland and Randy Rauwerdink, representing Stonehenge USA, appeared before the Commission. Mr. Carland and Mr. Rauwerdink reviewed the development with the Commission. The public hearing was opened at 6:45 p.m. Brett Eslinger of 402 - ]6t" Ave N appeared before the Commission. Mr. Eslinger was concerned with the smell of the garbage. There was considerable discussion regarding the garbage. Mr. Beddor moved and Ms. Naef seconded a motion to close the public hearing. The motion was approved unanimously. The hearing was closed at 7:04 p.m. Ms. Cummings moved and Mr. Hatlestad seconded a motion to adopt Resolution RZ11-5, recommending approval of a site plan to develop 415 - 17`h Avenue North to a retail use. The motion was approved unanimously. ITEM: REZONING—525 BLAKE ROAD Ms. Anderson reviewed the rezoning for 525 Blake Road. The public hearing was opened at 7:10 p.m. Mark Smith appeared before the Commission. Mr. Smith would like to open a pawn shop at 525 Blake Rd. If the site were rezoned to B-4, a pawn shop would not be allowed. Mr. Smith reviewed his operation with the Commission. There was considerable discussion � regarding the operation of pawn shops. Ms. Anderson reminded the Commission the discussion for this evening was whether 525 Blake Rd is an appropriate site for B-3 uses or whether the B-4 �� r • MINUTES OF THE ZONING AND PLANNING MEETING, May 31, 2011 Page 2 � district is more appropriate, and not about Mr. Smith's pawn shop. The Commission felt that the site should be open for more business uses, and that it should remain B-3. Mr. Datta moved and Mr. Beddor seconded a motion to close the public hearing. The motion was approved unanimously. The hearing was closed at 7:55 p.m. Mr. Datta moved and Mr. Jenny seconded a motion to adopt Resolution RZ 11-6, recommending denial of a rezoning of 525 Blake Road from B-3 to B-4. The motion was approved unanimously. TRAIL AND SIDEWALK MASTER PLAN AND COMPLETE STREETS John Bradford, the City Engineer, appeared before the Commission. Mr. Bradford reviewed what complete streets are. The Commission identified several streets in the City where there could be pedestrian and bicycle routes. ELECTION OF OFFICERS Ms. Cummings nominated Mr. Kuznia for Chair. Mr. Hatlestad seconded the nomination. There were no other nominations for Chair. Mr. Kuznia was unanimously elected for Chair. Mr. Kuznia nominated Ms. Cummings for Vice Chair. Mr. Hatlestad seconded the nomination. --� There were no other nominations for Vice Chair. Ms. Cummings was unanimously elected for Vice Chair. ADJOURN Mr. Datta moved and Mr. Hatlestad seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 8:50 p.m. MEMBERS ATTEST: .-., Bob Hatlestad, Chair 1 ' �� i'\ Y � �,ITY OF � June 21, 201 1 H o P K � N s Planning Report ZN 11-3 ZONING ORDINANCE AMENDMENTS - VARIANCE Proposed Action Staff recommends the following motion: Move to adopt Resolution RZ11-7, recommending at?Uroval of Ordinance 11-1030, amending the zoning ordinance re�ardin�variances. Overview Last summer the Minnesota Supreme Court affinned that in order to receive a variance, the applicant had to have an undue hardship. Since the undue hardship is a difficult standard, tlle Legislature this year changed the standard to practical difficulties. Practical difficulties is not as difficult to deternline as undue hardship, but variances still have to be granted as defined in the state statute. Since the State Statue has been changed the City of Hopkins zoning ordinance needs to be amended to be in compliance with the State Statue. � Primarv Issues to Consider • What are the proposed ainendinents? • What is the staff recommendation? Supportin�Documents • Analysis of Issues • Resolution RZ11-7 • Ordinance 11-1030 1� , ' -a �' � Nanc � . Anderson, AICP Planner Financial Iinpact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): � Notes: �� I . � . ZN11-3 ^ Page 2 Primarv Issues to Consider • What are the proposed amendments? 525.07 Subd. 2. Hearing. Application for variances shall be referred by the zoning administrator to the board, which shall hear the applicant or representative thereof, at its next regular meeting, provided all necessary data has been submitted. The board shall recommend such conditions relating to the granting of a variance as it deeins necessary to adjust the }�� practical difficultv or special situation so as to carry out the intent and purpose of this code or shall recommend denial of the request. 525.07. Subd. 3. Findings: issuance of variance. Prior to the board formulating a decision and the conditions in support thereof, it must find that the literal enforceinent of the provisions of tl�e zoning ordinance would cause � �a�� '�^~'a�''�� practical difficulties because of circumstances unique to the individual property under consideration, and that the granting of a variance *� +'�� `��+ is necessary to compensate for said � practical difficultv is in keeping with the intent of this code. 525.15 Subd. 2. Procedure. At the board's � Mav ineeting, the board shall elect froin its ^ membership a chair and vice chair. The board shall fonnulate and adopt rules of procedure. Meeting of the board shall be scheduled once each month at a time and place to be specified in the rules and procedures. There shall be a fixed place of ineeting. Meetings are open to the public. , ', , � ��,o ,,.,,.,i;�.. �� Subd 149 Practical difficulties• as used in connection with the �rantin� of a variance means that the Uropertv owner �roposes to use the propertv in a reasonable manner not Uermitted bv an official control• the pli,�ht of the landowner is due to circumstances unique to the proUertv not created by the landowner• and the variance if granted will not alter the essential character � of the locality. Subd. 193. Variance: a modification or variation from the provision of this code or variation fiom its provision granted by the board and applying to a specific parcel of property because of a��ra^'��ractical difficulties due to circumstances peculiar and unique to such parcel. What is the staff recommendation? � Staff is recommending approval of the proposed ordinance. ZN11-3 Page 3 Alternatives. � 1. Recommend approval of the amendments to the zoning ordinance. By recommending approval of the amendments to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recoinmend denial of the ainendments to the zoning ordinance. By recon-imending denial of the amendments to the zoning ordinance, the City Council will consider a recoinmendation of denial. If the Planning Cominission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further infonnation. If the Planning Coininission indicates that further inforniation is needed, the item should be continued. � �� —� CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ11-7 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS TO VARIANCES WHEREAS, an application for Zoning Amendment ZN11-3 has been initiated by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendment was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Coimnission published notice, held a public hearing on the application and reviewed such application on June 28, 201 l: 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 ZN 11-3 is hereby recommended for approval based on the following Findings of Fact: 1. That the State Legislature of Minnesota amended the Statute regarding variances. 2. That the Zoning and Planning Commission reviewed the proposed ordinance. 3. That the City of Hopkins is amending the variance ordinance to comply with the new standards for variances. Adopted this 28th day of June 2011. � BoU Hatlestad, Chair CITY OF HOPHINS Hennepin County,Minnesota � ORDINANCE NO. 2011-1030 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 515-570 be, and the same and is hereby amended by amending and adding the following sections: 525.07 Subd. 2. Hearing. Application for variances shall be referred by the zoning adininistrator to the board, which shall hear the applicant or representative thereof, at its next regular meeting, provided all necessary data has been submitted. The board shall recominend such conditions relating to the granting of a variance as it deems necessary to adjust the �s�ri� practical difficultv or special situation so as to carry out the intent and purpose of this code or shall recoininend denial of the request. 525.07. Subd. 3. Findings: issuance of variance. Prior to the board fonnulating a decision and the conditions in support thereof, it must find that the literal enforcement of the provisions of the zoning ordinance would cause �t ••„a�•� '��ra�'�� practical difficulties because of circumstances unique to the individual property under consideration, and that the granting of a variance+^ +��is necessary to coinpensate for said�p�ractical difficultv is in keeping with the intent of this code. � 525.15 Subd. 2. Procedure. At the board's � Mav meeting, the board shall elect from its ineinbership a chair and vice chair. The board shall formulate and adopt rules of procedure. Meeting of the board shall be scheduled once each month at a time and place to Ue specified in the rules and procedures. There shall be a fixed place of ineeting. Meetings are open to the public. � � f b � 1� 4l 4' 1 7, � ,. .,��1„� l..nnl;� Subd 149 Practical difficulties• as used in connection with the �rantin� of a variance ineans that the �roperty owner �roposes to use the property in a reasonable inamier not pennitted by an official control• the pli�ht of the landowner is due to circumstances unique to the �ro�ertv not created bv the landowner and the variance, if granted, will not alter the essential character of the locality. Subd. 193. Variance: a modification or variation froin the provision of this code or variation froin its provision granted by the board and applying to a specific parcel of property because of�••,a�� '��r�'�''��Y practical difficulties due to circutnstances peculiar and unique to such parcel. `�-' ' ( r �� Other uses listed in Section 515 are to be renumbered accordingly. First Reading: July 5, 2011 Second Reading: July 19, 2011 Date of Publication: July 28, 2011 Date Ordinance Takes Effect: July 28, 2011 Eugene J. Maxwell, Mayor ATTEST: Deborah L. Sperling, City Clerk ^ APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date r� � , � � G�TY OF �� ,� J�ane 21, 2011 H� P K � N S Planning Report Z1�T11-4 ZONING ORDINANCE AMENDMENTS —MIXED USE Proposed Action Staff reco�ninends tlie following motion: Move to ado��t Resolution RZ11-8, recarmnendin� aUuroval of Ordinance 11-1031, adding a mixed use zonin� district. Overview For the past year the Planning Commission has been working on a mixed use zoning district. This zoning district would be used around the three transit stations for the Southwest LRT. The Comprehensive Plan has designated the areas around the stations as mixed use. The proposed mixed use ordinance has standards for all the areas and then standards for the specific stations. At this time the staff is proposing standards for two of the stations, Blake Road and Downtown. Since we do not know what the configurations of the Shady Oak Station will be, we are proposing to do the ordinance for that station when the infrastructure has been detennined. Following the enactment of the mixed use ordinance, the rezoning of several properties will �" start. Since this is a new ordinance and has not been applied to a developinent, there may be .-� amendments in the future to refine the ordinance. Primarv Issues to Consider • What are the proposed amendments? • What is the staff recommendation? ' Supporting Documents • Analysis of Issues • Comprehensive Plan � Resolution RZ11-8 • Ordinance 11-1031 �� ;� ' I ��C� �?��j �Dr ��r►' Nanc . Anderson, AICP Plaruier Financial Impact: $ N/A Budgeted: Y/N Source: �� Related Docuinents (CIP, ERP, etc.): Notes: ZN l 1-4 Page 2 '� .—� Primarv Issues to Consider • What are the proposed amendments? DEFINITIONS - SECTION 515 Subd. l3. Artisan Shops: retail stores selling glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold. Subd. 14. Assisted Livin�: provide supervision or assistance with activities of daily living; coordination of services by outside health care providers; and monitoring of resident activities to help to ensure their health, safety, and well-being. Subd. 21. Banks and Financial Services: financial institutions including Uanlcs and trust companies, credit agencies, holding companies, lending and thrift institutions other investment companies, securities/coinmodity contract brokers, and dealers security and commodity exchanges vehicle finance(equity) leasing agencies. Subd. 22. Bar/Tavern: a bar also called a pub or tavern is a business that serves drinks, � especially alcoholic beverages such as beer, liquor, and mixed drinlcs, for consumption on the --� preinises or adjacent outdoor seating areas. Subd. 25. Bie-Box Retail: any commercial retail establislunent that meets or exceeds 50,000 square feet of gross floor area. Subd. 26. Bike Parkin� - Lon T�enn: parking for inore than eight hours. Subd. 27. Bike Parkin�- Short Tenn: parking for less than eight hours. Subd. 29. Boutiques: a sinall retail shop that specializes in gifts, fashionable clothes, or accessories. Subd. 59. Delicatessen: - a shop that sells cooked or prepared foods ready for se�ving. Ready-to-serve foods such as cheeses, cold cooked meats, and salads. Subd. 75. Educational Facilities: Includes public and private schools at the primary, elementary, middle, junior high or high school level that provide state-mandated basic education or a comparable equivalent. This also includes colleges, universities, and otl�er institutions or higher learning such as vocational or trade schools that offer courses of general or specialized study leading to a deg�-ee or certification. �~ � ZN 11-4 � Page 3 Subd. 80. Fanners Market: the sale of organic, non-organic, or otherwise locally � grown fi-uits, vegetables, and other agricultural products directly to tl�e consuiner by the fai7ner, �� typically in an outdoor setting. Subd. 97. Green roof: green roofs are vegetated roof covers, with growing media and plants taking the place of bare membrane, gravel ballast, shingles or tiles. The nuinber of layers and the layer placement may vary from system to system and green roof type, but at a minimuin all green roofs include a single to lnulti-ply wateiproofing layer, drainage, growing media and the plants, covering the entire roof deck surface. There are two main types of green roofs — extensive or intensive — although a green roof is often designed with features of both and then are refened to as either semi-extensive or seini-intensive. Subd. 105. Indoor Sports and Recreation Facility: predoininantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alley, billiard parlor, ice/roller skating rinks, indoor racquetball courts, indoor cliinbing facilities, and soccer areas. Subd. 130. Medical Seivice — Clinics, Offices. and Laboratories: facility primarily engaged in furnishing outpatient medical, inental health, surgical and other personal health services, but which are separate frotn hospitals, including; medical and dental laboratories, medical, dental and psychiatric offices, out-patient care facilities, acupuncture, and other allied health service Counseling services by other than inedical doctor psychiatrists are included under offices. �- Subd. 133. Mixed-use Buildin�: ineans a building that contains at least one floor � devoted to pennitted nonresidential uses and at least one devoted to pernlitted residential uses. Subd. 134. Mixed Use: generally refers to a deliberate inix of housing, civic uses, and commercial uses, including retail, restaurants, and offices. Subd. 138. Music Store: a inusical instrument retailer selling guitars, ainps, sound systems, drums, band and orchestra instruments for sale or rental and may also have lessons available. Subd. ]39. Nei�hborhood Market: a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood inarkets are less than 5,000 square feet in size and operate less than 18 hours per day. Neighborhood markets may include deli ar beverage tasting facilities that are ancillary to the market/grocery portion of the use. Subd. 146. Nursin� Home: a residential facility for person with clu-onic illness or disability. A Nursing home may also be called a convalescent home or long-tenn care facility. Subd. 156. Park and Ride Facilitv: a designated area where a vehicle may Ue left in order to car��ool with other commuters or to ride public transit. �� ZN11-4 Page 4 ^- „'� Subd. 168. Print Sl�op: is a business which prints and copies things such as documents and cards for customers. Subd. 177. Retail Sales, General: stores and shops selliilg merchandise. Tl�ese stores and lines of inerchandise include; art gallei�ies, artists' supplies, bakeries, bicycles, Uooks, caineras and photographic supplies, clothing and accessories, collectibles (cards, coins, comics, stamps, etc.) departinent stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales), fui7liture, home furnishings and equipment, general stores, gift and souvenir shops, hardware, hobby materials,jewelry, luggage and leather goods, musical instruments, parts and accessories, newsstands, ortho�edic supplies, pet supplies sales with no animals but fish, religious goods, small wares, specialty shops, sporting goods and equipment, stationery, toys and games, variety stores. This does not include big box retail, superstores ar warehouse clubs. Subd. 194. Street Food Vendor: street food is a quick eat/or quick ineal sold by vendor with a push cart, basket, or at a stall, where customer can see the preparation of cooking or the prepared street food clearly. SuUd. 208. Transit Stations: passenger stations for vehicular and rail mass transit systeins. ^ Subd. 217. Variet�Store: a retail store that sells a wide range of inexpensive items. --� Other uses listed in Section 515 are to be renuinbered accordingly. Section 543 - Zoning: Mixed Use 543.01 Mixed Use. The primary purposes of the Mixed Use Zone Districts are to: • Provide appropriate areas for and facilitate quality mixed use development in activity centers that are consistent with the Coinprehensive Plan's land use and transportation goals, objective, policies and strategies; • Accommodate intensities and patterns of developinent that can support multiple modes of h�ansportation, including public transit, biking and walking; • Group and link places used for living, working, shopping, schooling, and recreating, thereby reducing vehicle trips, relieving traffic congestion, iinproving air quality in the City and encouraging active living principles; �'\ --��, ZN11-4 Page 5 • Provide a variety of residential housing types and densities to assure activity in the � district and support a mix of uses, and enhance the housing choices of City residents; � and • Integrate new mi�ed use development with its sun•oundings by encouraging co�ulections for pedestrians and vehicles and Uy assuring sensitive, compatible use, scale, and operational transitions to neighboring uses. 543.02. Pei7nitted and Conditional Uses: RESIDENTIAL UN DT CTC (Blake) (8t�' Ave) (Shady Oak) 1. Multi—unit dwellings x x x 2. Townhomes x x COMMERCIAL 3. Bar/Tavern � 4. Antiques x x 5. Art Gallery x � 6. Artisan Sho x x V 7. Bakery x x x 8. Bank and Financial x (a) x( a) x(a) Services 9. Beauty/Barber Shop x x x 10. Bike Sales x x 1 l. Books—Office supplies x x 12. Boutiques x x 13. Butcher x x x 14. Camera—photographic x x 15. Clothing Store x 16. Clubs (private— h x �. non rofit) 17. Coffee Shop x x x l 8. Collectibles (cards, coins, x x coinics, stamps, etc.) 19. Costume and Foi7nal � x Wear Rental 20. Currency Exchange x (b ) x (b) 21. Day Nursery x x � 22. Delicatessen �: x x 23. Dry clean and laundry x x x � � ZN 1 l-4 Page 6 ^ 24. Educational Facilities x x (c) � ~ 25. Electronics x (d) x (d) 26. Em lo}�nent agency � x x 27. Essential public sei-vice & x x 1 utility structures 28. Fabric and sewing store x x 29. Florists x x x 30. Garden and landscape x(e) x (e) 31. Gifts and novelties � x 32. Glassware, china, pottery x 33. Healtl� Club x X 34. Hobby- craft - instruction � x 35. Hotel � 36. Karate, Dance - studio x x 37. Ice Cream x x x 38. Indoor Sports and x x(� x Recreation Facility 39. Interiors-decoration x x studio 40. Jewelry x x 41. Leather goods-]uggage x x �- 42. Liquors - off sale x x X � 43. Locksmith and fixit sho x x x 44. Medical Service x x x 45. Music store x 46. Neighborhood market x x x 47. Offices x x x 48. Optical x x 49. Paint and wall a er x 50. Parking rainps and lots x x x 51. Pawn sho x x 52. Pet Grooming x x 53. Pet Store x x 54. Phannacy-dru store x x ( g) 55. Photogra hy-studio x 56. Picture fraining-art sho x 57. Pipe-tobacco sho x x x 58. Print shop x x x 59. Restaurant - traditional x x x 60. Restaurant-cai7•y-out and a � x delivery 61. Shoes-boot store �: � � 62. Spoi-ting goods x x 63. Stationery-card shop x x x � 64. Street food vendors � � x ZN11-4 Page 7 65. Tailoring �+ � X �._ 66. Travel agent h X � � 67. Variety Store a � 68. Vet Clinic x x x 69. Video/DVD—sales, rental � x 1 CIVIC 70. Transit Station x x �: 7L Park and Ride Facility x x x 72. Public open space/park x x x Conditional uses a. Bank and Financial Services provided: 1. The applicant inust show that the drive thru in an integral part of the building and the traffic and queuing will not interfere with the pedestrian experience. It shall be at the sole discretion of the City Council to allow a drive thru. b. Currency Exchange: l. the use shall be located at least one thousand (1,000) feet froin 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 siglls 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: l. outside display limited to area in front of store £ Indaor sports and recreation facility provided: 1. less than 5000 square feet g. Phat7nacy—drug store provided: 1. less than 5000 square feet Develo»ment Standards for Mixed Use: � � ZN 11-4 � Page 8 543.03. Parkin . Parking within the mixed use district inust be located in�nulti-]evel structures � or in shared parking lots, where feasible and with approval of the City. The following requirements will apply to all pennitted uses located within the miaed use zoning district if a TDM or sl�ared parking study has not been completed and approved by the City Council: a) A minimum of one and a maximum of 1.5 parking spaces per multi-family unit is permitted; one guest space��er 15 units is pei7nitted. U) All uses other than residential shall requi�•e a parking study to deternline the necessary parking required. c) Where practicable, ingress and egress fi•om parking must be fiom side streets or al l eys. 543.04. Travel Demand Mana�einent Plan (TDM�/ Mass Transit Links. Off-street parking requireinents may be reduced subject to approval by the City Council, where a TDM plan, parking and transportation study is subinitted. The TDM plan, parking and transportation study is conducted in accordance with accepted methodology approved by the City staff, prepared by an independent traffic engineering professional under the supervision of the City and paid for by the applicant. These plans must address the transportation impacts of the developinent and proposed TDM initigating measures and showing that parking demand will be decreased by access to nearby transit. Where a TDM plan is approved, a properly drawn legal instrument, '� executed by the parties concerned, must be filed on the property in the Recorder's or Register's --� Office of Herulepin County. Five acres coinmercial, office or retail development or 100 residential units require a TDM study. 543.05. Shared�arkin�. The City Council may approve the use of shared parking where: a. The applicant demonstrates with a parking study that the hours, size, and mode of operation of the respective uses, does not create a substantial conflict in the peak parking deinands of the uses for which shared parking facilities is proposed, and there is adequate parking to meet the needs for each use. A shared parking plan must Ue subinitted where share parking is proposed that includes specific analysis on the peak characteristics of the various uses indicated. b. Where a shared use of parking exists with the saine site or across sites, a properly di•awn legal instrument, executed by the parties concerned, must be filed as a deed restriction on all iinpacted properties in the Heimepin County Recorder's Office. A parking study is required to be conducted in accordance with accepted methodology approved by the City staff, prepared by an independent traffic engineering professional under the supervision of the City and paid for by the applicant, demonstrating that there is not a present need for the portion of parking for which the applicant is requesting shared parking flexibility. '� c. Shared parking shall be no inore than 500 feet froin the fiont doors of the buildings � sharing tlle parking. ZN11-4 P age 9 � 543.06. Bicycle Parkin�. �.� a) Bicycle parking facilities �nust be provided for all office and multifamily structures and freestanding co�nmercial uses. U) The required numUer of bicycle parlcing spaces will Ue based on the following: Lon�ternl Sl�ort tei7il Multifamily Residential l per 2 units 1 per 20 units Retail .50 space per einployee .50 space per l,OQO square feet of net building area Office .25 space per 1 per 40,000 1,000 square feet square feet of net of net building area building area Park and Ride Facilities 10 spaces an acre 10 percent of � parking stalls � c) Bicycle parking facilities must be located in a well-lighted area. d) All bicycle racks, lockers, or other facilities must be securely anchored to the ground or to a structure. e) All required bicycle parking must be located within 50 feet of central or well- used building entrances. � Long-tei7n bicycle parking facilities that provide�arking for bike storage lasting eight or more hours shall be located inside buildings or a bike storage facility for added security. g) The required amount of short-tenn bicycle parking required for bike storage lasting less than two hours must be provided for at each building. 11) In buildings that have several uses, shared short-term bicycle parking facilities are encouraged and should be centrally located between uses. �� ZN11-4 Page 10 ^ 543.07. Shadow Studv. A shadow study is i•equired for all bui]dings four stories or higher. � The shadow study will indicate the shadows cast at the shortest and longest days of the year. Impacts of a shadow on the sun�ounding property may be a reason to lower and/or adjust the location or height of buildi�ig(s). 543.08. Exterior. The priinary e�terior treatnlent of walls facing a �ublic right-of—way or parking lot on a structure shall be brick, cast concrete, stone, marble or other material siinilar in appearance and durability. Regular or decorative concrete block, float finish stucco, EIFS-type stucco, cementitious fiUer board, or wood clap Uoard may be used on the front fa�ade as a secondary treatment or trim but shall not be a prii��ary exterior ti-eatment of a wall facing a puUlic right-of-way. 543.09. Buildin� Orientation. Subdivision 1. Buildings within the Mi�ed Use district must 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. Subd. 2. FaGade. The priinary street side fa�ade 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 maxiinum of 40 feet wide. Subd. 3. Blocks. Blocks must not exceed (600) feet in length and must provide pedestrian � connectors. These pedestrian connectors can be pedestrian easeinents and pathways or --� through-building linkages at least every 300 feet. Subd. 4. Hei�ht. All noruesidential floor space provided on the ground floor of a mixed use Uuilding must have a ininimuin floor-to-ceiling height of 11 feet. 543.10. Transparency. Subdivision 1. A minimum of 60 percent to a maximum of 75 percent of the front street-facing fa�ade between two feet and eight feet in height inust comprise clear windows that allow views of indoor nonresidential space or product display area. Side facades abutting a public right-of-way shall have a minimum of 30 percent clear windows. Subd. 2. Hei ht. The bottoin edge of any window or product display window used to satisfy the transparency standard of paragraph (1) above may not be more than three feet above the adjacent sidewalk. Subd. 3. DisplaX. Product display windows used to satisfy these requirements inust have a minimum height of four feet and be internally lighted. Subd. 4. Windows. Transparent windows allowing visual access into and out of nonresidential Uuildings shall be required on tlie first floor fiontage along the frant yard. Subd. 5. Fenestration. 30 percent fenestration for windows above the fii•st floor far all sides � that abut a public right-of-way. --� ZN 11-4 P age 11 543.11. Sidewalks. Subdivision l. Sidewalks shall be constructed along the frontage of all � public streets and within and along the frontage of all new development or redevelopment. � Subd. 2. Width. Sidewalks may range in widtll from a minimuin of five feet to a inaximum of 20 feet, depending on expected pedestrian traffic. 543.12. Pedestrian/Streetscapes. Subdivision 1. Street trees in grates or planters are required along sidewalks for all new platted streets. Existing streets may not allow sufficient right-of- way for street trees. If the existing rigl�t of way does not allow for street trees, landscaping, trees, planters or street furniture will be added to the intei-ior side of the sidewalk where tl�e setback will allow. Subd. 2. Improvements. Pedestrian improvements of at least one percent of the project value shall be included in the development. These iinprovements shall create a high quality pedestrian experience through the provision of benches, planters, drinking fountains, waste containers, median landscaping, etc. Said improvements shall be on all public streets that lead directly to the station. Subd. 3. Li htin . Pedestrian-scale light fixtures that shine downward on the sidewalks and walkways shall be no greater than 12 feet in height and must be provided along all sidewalks and walkways to provide ainple lighting during nighttiine hours for employees, residents, and customers. Subd. 4. Maintenance. It shall be the responsibility of the owner of the abutting building to � maintain the streetscape. �"` 543.13. Landscaping. Subdivision l. All open areas of a lot that are not used or improved for required parking areas and drives shall be landscaped with a combination of over story trees, understory trees, shrubs, flowers and ground cover inaterials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculptures, fountains, decorative walks or other similar site design features or inaterials. The following table is a ininiinuin value for the landscaping: Project Value Minimuin Below $1,000,000 2 percent $1,000,000 - $2,000,000 $20,000 + 1 �ercent of project value in excess of$1,000,000 $2,000,000 - $3,000,000 $30,000 + .75 percent of project value in excess of$2,000,000 $3,000,000 - $4,000,000 $37,500 + .25 percent � � ZN 1 l-4 � P age 12 of project value � in excess of$3,000,000 over$4,000,000 1 percent a. Documentation showing an estimated dollar amount of landscaping shall be provided to the City prior to any approval. b. All new over story trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 2.5 inches. Coniferous trees shall be a minimum caliper of 1.5 i�iches. c. 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 graund cover approved by the City. This requirement shall not apply to site areas retained in a natural state. d. An underground sprinkler system shall be provided as part of each new development. A sprinkler systein 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 froin operating when it is raining. � 543.14. Indoor/Outdoor Operations. All pennitted uses in the mixed use district must be --� conducted within a completely enclosed building unless permitted by a conditional use pei7nit. This requireinent does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating area, alone or in connection with restaurants. 543. 15. Wall si r�is. Subdivision l. 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 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 illuininated. Subd. 2. Cano�ies and Awnin�s. The design of canopies shall be in keeping with the overall Uuildiiig design in ternls of location, size, and color. No canopies with visible wall hangers shall be pennitted. Signage on canopies may Ue substituted for allowed building signage and shall be litnited to 25 percent of the cano�y area. Canopies shall not be internally illuininated. Subd. 3. Pro:ei ctin� Projecting signs will have a maxiinum size of 12 square feet and a �naximum width of three feet. Projecting signs carulot extend beyond the first floor of the building. No less than l 0 feet of clearance shall be provided between tl�e sidewalk surface and the lowest point of the projecting sign. Maximum distance between sign and building face is one foot. � Subd. 4. Monuinent si�ns. One inonument sign shall be penllitted for each multitenant --� building provided the surface area of the sign does not e�ceed two square feet per front foot of ZN 11-4 Page 13 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. � 543.16. Drive throu�h. A one-lane drive through may be pennitted with a conditional use pennit. The applicant must show that the drive t}u-u is an integral part of the building and the traffic and queuing will not interfere with the pedestrian experience. 543.17. Urban Nei�hborl�ood (LTN} Subdivision l. This area is pri�narily located around the Blake Transit Station. The Urban Neighborhood District is intended primarily for mixed pedestrian-scaled, neighborhood-serving, nonresideiltial uses and high density residential uses in the same structure or in close proxiinity to one another. Nonresidential uses may include small-scale retail, service, and professional offices that provide goods and services to the residents of the surrounding neighborhood. Subd. 2. Hei�ht. Height 3-4 stories for residential structures Mixed Use 5-6 stories (retail on the first floor) 4-5 stories for office structures Subd. 3. Floor Area Ratio. Residential ininimuin FAR 2 Residential maximum FAR 3 � `�-- Mixed use building minimum FAR 4 Mixed use building inaxiinuin FAR 5 Office building minimum FAR 3 Office building maximum FAR 4 Subd. 3. Front Xard setbacks alon�Blake Road and Excelsior Blvd Residential building 15'- 25' Office building 25'- 40' Subd. 4. Front Xard setbacks alon�2°d Street Residential building 5' — l5' Structured parking 5' — 15' Office building 5'-15' Side 10 feet Rear 10 feet � � ZN l 1-4 � Page 14 543.18. Downtown (DT) Subdivision l. This area is priinary located from the Downtown � Hopkins Transit Station to Mainstreet. The Downtown District provides for development of high density residential and vertically-integrated, inixed-uses over ground-floor, non-residential uses on lots fronting Eighth Avenue from Excelsior Boulevard to Mainstreet. This district acts as a transition from the transit station to Mainstreet and to draw people to Mainstreet. Subd 2. Develo�nent Standards Each off-street parking area is encouraged to be designed and located so that parking lots on adjacent parcels tnay be linked. The principa] functional doorway for public or direct-entry access into a building shall face the fronting street. Corner entrances shall be provided on corner lot buildings or have dual entries. A secondary entrance may be oriented towards off-street surface parking. Subd. 3. Outdoor Gatherin�pace Outdoor Gathering Space shall have direct access to the sidewalk. All outdoor Gathering Spaces will have a treahnent such as a wrought iron fence, hedge, or a one to three feet wall following the building line of the abutting buildings. The space inay have the following: • Lighted bollards � • Movable or umnovable tables and chairs ""� • Fountains or other water features • Benches • Seat walls and/or landscape planters • Shade trees • Pots or hanging baskets filled with seasonal plant material • Information kiosks • Sculptures or other�ublic art features Subd. 4. Height. Minimum height three stories fi-oin alley south of Mainstreet to Mainstreet Nlinimum FAR—2 Maximum FAR - 3 Height four stories from Excelsior Blvd to alley south of Mainstreet Minimum FAR - 4 Maximum FAR—5 � Subd. S. Setbacks � Front yard minimum 1 foot ZN 11-4 P age l 5 maximum 5 feet - e�cept for the following: �. �--- a. A portion of the building may Ue setback to provide an articulated fa�ade or accoininodate a Uuilding entrance feature, provided that the total area of the space created must not e�:ceed one square foot for every linear foot of Uuilding fiontage. b. A building may be set back to accorrunodate an outdoor eating area. To preserve the continuity of the street wall, tl�e building may be set back no �nore than 12 feet fro�n the front or street side property line, or at least 40 percent of the building facade must Ue located aUutting a street. The total area of an outdoor eating area that is located between a puUlic sidewalk and the building fa�ade may not exceed 12 tiines the buildings street fiontage in linear feet. Minimum side yard setback - 0 Mini�num rear yard— 10 feet 543.19. Comrnuter Town Center (CTC) - This area is primary located around the Shady Oak Transit Station in the west side of Hopkins. The Cotnmuter Town Center District is intended to support a variety of housing types and compatible vertically-integrated inixed uses coinposed of street-level nonresidential and upper-story residential uses. High-density attached residential use types that are supportive of transit are encouraged. What is the staff recommendation? � Staff is recommending approval of the proposed ordinance. �.... Alternatives. 1. Recommend approval of the amendments to the zoning ordinance. By recommending approval of the amendments to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recoininend denial of the ainendments to the zoning ordinance. By recoinmending denial of the amendments to the zoning ordinance, the City Council will consider a recominendation of denial. If the Planning Coimnission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further infonnation. If the Planning Commission indicates that further infonnation is needed, the itein should be continued. � �� Ct�6od U2�Q�V[SC(�l�?1�yU[OJ CJT�j�j ��7 Q i r 1i H 3 �. ,.>� , -�_:•,.�....�:;..:� .•.r.:. . ,..., ;st.�.:_�c_.,��.w��;:_a.=r,:..a:��n+r�sK:.:.u�, _ ..y,,�. � ., . ... . , , . . _ . � V uzi�asn puzZ-Z'b ainSt3 i I G�e17=PA f �{�ed ssauisn8 ,__ I poa�ie� � a5�i Paxiy�� g, �j �euoqn�ysul/�114�d �11 �er��awwo�� Ci �. U � � � U U ( W pe�l r` �eguapise�Rlisua�yoiH � - c r, ci u� isa� �t uu2 wni � �-d p,. 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',.6[ Str p5 gety '::6t S �il bi: xmn 1 J[o�l �'�:.}_�l q5�5} a�e �`uc '� � � _ ... , ,09 f [I}�S =[Rd �:.��_ j..�_ ,.�Q��4 _<<[[ �noqiuo��I �tj.lu,j ' . ,,:.[_: �)q_!i '�11P�1ZI�C +, ` � ,;,p:9 0_}9l 1`�nau�Ri � t --`f --�1[I '{[cdse��a1� . �\��t-r� �•�1 ,..;G�'� /[�Iti ��.u[t[cun� ' - ' . - '... .. - _ I �_ � '„_95 £S'lail �nn��,r�3�t�u��H _ .,.,tr��`) ` :9I (`vmPt:r3�t.-�c..��anuPo�� , . . --- �"o�:9: f'f•u��i ��'qin�ray U�.ur]siol '� . _ . � a�n�od u o6' "R Pvrl -- i vr�a,ll I'R''"I I `��/ . . � , CITY OF HOPKINS � Hennepin County, Minnesota �, RESOLUTION NO: RZ 11-8 RESOLUTION MAKING FINDINGS OF FACT AND RECOIvIMENDING APPROVAL OF A MIXED USE ZONING DISTRICT WHEREAS, an application for Zoning Amendineiit ZN11-4 l�as been initiated by tlle City of Hopkins; WHEREAS, the procedural histoiy of the application is as follows: 1. That an application for zoning amendinent was initiated by the City of Hopkins; 2. That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on June 28, 2011: 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 ZN11-4 is hereby recoininended for ap�roval based on the following Findings of Fact: 1. That the Zoning and Planning Commission reviewed the proposed ordinance. 2. . That the Comprehensive Plan has a mixed use designation. 3. That the Southwest LRT is proposed to be coinpleted in 2017. 4. That most of the mixed use designations in the Comprehensive Plan are near the proposed LRT stations. Adopted this 28th day of June 201 l. � Bob Hatlestad, Cl�air � �� CITY OF HOPKINS - Hennepin County, Minnesota ORDINANCE NO. 2011-1031 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 515-570 be, and tlie same and is hereby amended by amending and adding the following sections: DEFINITIONS - SECTION 515 Subd. 13. Artisan Shops: retail stores selling glass, ceramics, jewelry, and ather handcrafted iteins, where the facility includes an area for the crafting of the iteins being sold. Subd. 14. Assisted Living: provide supervision or assistance with activities of daily living; coordination of services by outside health care providers; and monitoring of resident activities to help to ensure their health, safety, and well-being. Subd. 21. Banks and Financial Services: financial institutions including banks and trust ^ companies, credit agencies, holding companies, lending and thrift institutions other inveshnent coinpanies, securities/commodity contract brokers, and dealers security and commodity exchanges vehicle finance(equity) leasing agencies. Subd. 22. Bar/Tavern: a bar also called a pub or tavern is a business that seives drinks, especially alcoholic beverages such as beer, liquor, and mixed drinks, for consumption on the premises or adjacent outdoor seating areas. Subd. 25. Big-Box Retail: any coininercial retail establishment that meets or exceeds 50,000 square feet of gross floor area. Subd. 26. Bike Parkin�n��Tenn: parking for more than eight hours. Subd. 27. Bike Parking - Short Tenn_ parking for less than eight hours. Subd. 29. Boutiques: a small retail shop that specializes in gifts, fashionable clothes, or accessories. Subd. 59. Delicatessen: - a shop that sells cooked or prepared foods ready for serving. Ready-to-serve foods such as cheeses, cold cooked meats, and salads. Subd. 75. Educational Facilities: Includes public and pi-ivate schools at the pri�nary, � elementary, middle,junior high or high school level that provide state-mandated basic education or a coin�arable equivalent. This also includes colleges, universities, and odler institutions or higher leaniing such as vocational or trade schools that offer courses of general or specialized study leading to a degree or certification. Subd. 80. Fanners Market: the sale of organic, non-organic, or otherwise locally grown v fruits, vegetables, and other agricultural products directly to the consumer by the fanner, ` typically in an outdoor setting. Subd. 97. Green roo£ green roofs are vegetated roof covers, with growing inedia and plants taking the place of bare membrane, gravel ballast, shingles or tiles. The number of layers and the layer placeinent may vary frotn system to system and green roof type, Uut at a minimuin all green roofs include a single to multi-ply wateiproofing layer, drainage, growing media and tlle plants, covering the entire roof deck surface. There are two main types of green roofs — extensive or intensive — although a green roof is often designed with features of both and then are referred to as either semi-extensive or semi-intensive. Subd. 105. Indoor S�orts and Recreation Facilitv: predominantly participant s�orts and health activities conducted entirely within an enclosed building. Typical uses include bowling alley, billiard parlor, ice/roller skating rinks, indoor racquetball coui-ts, indoor climbing facilities, and soccer areas. Subd. 130. Medical Service — Clinics Offices, and_Laboratories: facility primarily engaged in furnishing outpatient medical, inental health, surgical and other personal health services, but which are separate from hospitals, including; medical and dental laboratories, inedical, dental and psychiatric offices, out-patient care facilities, acupuncture, and other allied health service Counseling services by other than medical doctor psychiatrists are included under offices. � Subd. 133. Mixed-use Buildin�: ineans a building that contains at least one floor devoted to pennitted nonresidential uses and at least one devoted to permitted residential uses. Subd. 134. Mixed Use: generally refers to a deliberate mix of housing, civic uses, and conunercial uses, including retail, restaurants, and offices. Subd. 138. Music Store: a musical instrument retailer selling guitars, amps, sound systems, drums, band and orchestra instruments for sale or rental and may also have lessons available. Subd. 139. Neighborhood Market: a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consuinption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are less than 5,000 square feet in size and operate less than 18 hours per day. Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the inarket/grocery portion of the use. Subd. 146. Nursing Home: a residential facility for person with cllronic illness or disability. A nursing hoine may also be called a convalescent home or long-tenn care facility. Subd. 156. Park and Ride I'acility: a designated area where a vehicle may be ]eft in order to carpool with other com�nuters or to ride public transit. � �� Subd. 168. Print ShoU: is a business which prints and copies things such as documents and cards for customers. Subd. 177. Retail Sales, General: stores and shops selling merchandise. These stores and lines of �nerchandise include; art gallei-ies, artists' supplies, bakeries, bicycles, books, cameras and photographic supplies, clothing and accessories, collectibles (cards, coins, comics, stamps, etc.) department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales), furniture, home fui7iishings and equipn�ent, general stores, gift and souveilir shops, hardware, hobby materials, jewelry, luggage and leather goods, musical insti-uinents, parts and accessories, newsstands, ortl�opedic supplies, pet supplies sales with no animals but fish, religious goods, sinall wares, specialty shops, sporting goods and equipme�lt, stationery, toys and games, variety stores. This does not include big box r•etail, superstores or warehouse clubs. Subd. 194. Street Food Vendor: street food is a quick eatJor quick meal sold by vendor with a push cart, basket, or at a stall, where customer can see the preparation of cooking or the prepared street food clearly. Subd. 208. Transit Stations: passenger stations for vehicular and rail inass transit systeins. Subd. 217. Varietv Store: a retail store that sells a wide range of inexpensive items. � Other uses listed in Section 515 are to be renumbered accordingly. Section 543 - Zoning: Mixed Use 543.01 Mixed Use. The primary purposes of the Mixed Use Zone Districts are to: v Provide appropriate areas for and facilitate quality �nixed use development in activity centers that are consistent with the Coinprehensive Plan's land use and transportation goals, objective, policies and strategies; • Accommodate intensities and patterns of development that can support multiple modes of transportation, including public transit, biking and walking; • Group and ]ink places used for living, working, shopping, schooling, and recreating, thereby reducing vehicle trips, relieving traffic congestion, improving air quality in the City and encouraging active living principles; ^ • Provide a variety of residential housing types and densities to assure activity in the district and support a�nix of uses, and enhance tl�e housing choices of City residents; and • Integrate new mixed use development with its surroundings by encouraging connections for pedestrians and vehicles and by assuri�ig sensitive, compatible use, scale, and �, operational transitions to neighboring uses. 543.02. Pei7nitted and Conditional Uses: RESIDENTIAL UN DT CTC (Blake) (8`�' Ave) (Shady Oak) 1. Multi—unit dwellings x x x 2. Townhomes x x COMMERCIAL 3. Bar/Tavern x 4. Anti ues x x 5. Art Gallery x 6. Artisan Sho x x 7. Bakery x x x 8. Bank and Financial x (a) x( a) x(a) Services 9. Beauty/Barber Sho x x x � 10. Bike Sales x x 11. Books—Office su plies x x 12. Boutiques x x 13. Butcher x x x 14. Camera—photographic x x 15. Clothing Store x 16. Clubs (private— x x x nonprofit) 17. Coffee Sho x x x 18. Collectibles (cards, coins, Y x comics, stamps, etc.) 19. Costume and Fonnal x x Wear Rental 20. Cun-ency Exchange x (U ) x (b) 21. Day Nursery � x x 22. Delicatessen x x x 23. Dry clean and laundry x x x 24. Educational Facilities x x (c) x 25. Electronics x (d) x (d) 26. Employlnent agency x x x 27. Essential public service & x x x � utility structures �� 28. Fabric and sewing store 1 x ' 29. Florists x x x 30. Garden and landsca e x(e) � (e) 31. Gifts and novelties x x 32. Glassware, china, pottery x 33. Health Club � X 34. Hobby-craft - instruction x x 35. Hotel a 36. Kai-ate, Dance -studio Y x 37. Ice Cream � x � 38. Indoor Sports and �: x(� x Recreation Facility 39. Interiors-decoration x x studio 40. Jewelry x x 41. Leather goods-luggage x x 42. Li uors - off sale x x X 43. Locksmith and fixit sho x x x 44. Medical Service x x x 45. Music store x 46. Neighborhood inarket x x x � 47. Offices x x x 48. O tical x x 49. Paint and wallpa er x 50. Parking ram s and lots x x x 51. Pawn shop x x 52. Pet Grooming x x 53. Pet Store x x 54. Pharnlacy-drug store x x ( g) 55. Photography-studio x 56. Picture fraining-art sho x 57. Pi e-tobacco sho x x x 58. Print sho x x x 59. Restaurant - traditional x x x 60. Restaurant-carry-out and x x x delivery 61. Shoes-boot store x x 62. S orting goods x x 63. Stationery-card sho x x x 64. Street food vendors x x x 65. Tailoring x x �: 66. Travel agent x � x � 67. Variety Store x x 68. Vet Clinic �: X � 69. Video/DVD -sales, rental �: x x CIVIC 70. Transit Station x � � ;,., 71. Park and Ride Facility x x �: 72. Public open space/park x x x Conditional uses a. Bank and Financial Services�rovided: 1. The applicant must show that the drive thru in an integra] part of the building and the traffic and queuing will not interfere with the pedestrian experience. It shall be at the sole discretion of the City Council to allow a drive thru. U. Currency Exchange: 1. 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 establishinent; 3. Back—lighted signs, back-lighted awnings, portable signs, teinporary 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 liinited to area in front of store £ Indoor sports and recreation facility provided: 1. less than 5000 square feet g. Phannacy—drug store provided: l. less than 5000 square feet Development Standards for Mixed Use: 543.03. Parkin . Parking within the mixed use district must be located ii1 multi-level structures or in shared parking lots, where feasible and with approval of the City. The following requirements will apply to all peiznitted uses located within the mi�ed use zoning district if a TDM or shared parking study has not been completed and approved by the City Council: a) A ininimum of one and a maximuin of 1.5 parking spaces per multi-family unit is � permitted; one guest space�er 15 units is pei7nitted. �\ � b) All uses other than residential shall require a parking study to determine t11e necessary parking required. c) Where practicable, ingress and egress from parking must be from side streets or alleys. 543.04. Travel Demand Manageinent Plan (TDMI/ Mass Transit Links. Off-street parking requirements may be reduced subject to approval by the City Council, where a TDM plan, parking and transportation study is subinitted. The TDM plan, parking and trans�ortation stucly is conducted in accordance with accepted methodology approved by the City staff, prepared by an independent traffic engineering professional under the supeivision of tl�e City and paid for by the applicant. These plans �nust address the transportation iinpacts of the development and proposed TDM mitigating measures and showing that parking demand will be decreased by access to nearby transit. Where a TDM plan is approved, a properly drawn legal inshument, executed by the parties concei�ned, must be filed on the property in the Recorder's or Register's Office of Hennepin County. Five acres commercial, office or retail development or 100 residential units require a TDM study. 543.05. Shared parkin�. The City Council may approve the use of shared parking where: a. The applicant demonstrates with a parking study that the hours, size, and mode of ^ operation of the respective uses, does not create a substantial conflict in the peak parking demands of the uses for which shared parking facilities is proposed, and there is adequate parking to meet the needs for each use. A shared parking plan must be submitted where share parking is proposed that includes specific analysis on the peak characteristics of the various uses indicated. b. Where a shared use of parking exists with the same site or across sites, a properly drawn legal instrument, executed by the parties concerned, inust be filed as a deed restriction on all iinpacted properties in the Hennepin County Recorder's Office. A parking study is required to he conducted in accordance with accepted methodology approved by the City staff, prepared by an independent traffic engineering professional under the supervision of the City and paid for by the applicant, demonstrating that there is not a present need for the portion of parking for which the applicant is requesting shared parking flexibility. c. Shared parking shall be no more that 500 feet from the front doors of the buildings sharing the parking. 543.06. Bicvcle Parkin�. a) Bicycle parking facilities must be provided for all office and multifamily structures and freestanding commercial uses. � b) The required number of bicycle parking spaces will be based on the following: Lon tg enn Short tenn Multifamily Residential 1 per 2 units 1 per 20 units `✓ Retail .50 space per e�nployee .50 space per 1,000 square feet of net building area Office .25 space per 1 per 40,000 1,000 square feet square feet of net of net building area building area Park and Ride Facilities 10 s�aces an acre 10�ercent of parking stalls c) Bicycle parking facilities must be located in a well-lighted area. d) All bicycle racks, lockers, or other facilities must be securely anchored to the ground or to a structure. e) All required bicycle parking must be located within 50 feet of central or well-used building entrances. fl Long-tenn bicycle parking facilities that provide parking for bike storage lasting �-' eight or more hours shall be located inside buildings or a bike storage facility for added security. g) The required ainount of short-tenn bicycle parking required for bike storage lasting less than two hours must be provided for at each building. h) In buildings that have several uses, shared short-tenn bicycle parking facilities are encouraged and should be centrally located between uses. 543.07. Shadow Studv. A shadow study is required for all buildings four stories or higher. Tl�e shadow study will indicate the shadows cast at the shortest and longest days of the year. Impacts of a shadow on the surrounding property may be a reason to lower and/or adjust the location or height of building(s). 543.08. Exterior. The priinary exterior treatinent of walls facing a public right-of-way or parking lot on a structure shall be Urick, cast concrete, stone, marble or other material sinlilar 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 fa�ade as a secondary treatment or trim but shall not be a primary exterior treatment of a wall facing a public rigllt-of-way. � �� 543.09. Buildin� Orientation. SuUdivision l. Buildings within the Mixed Use district must be oriented toward the pedestrian by providing a direct link between eacl� building and the pedestrian walking systein, with em�hasis on directing people to a transit station. SuUd. 2. Fa�ade. The priinary street side fa�ade 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 Uroken up into individual bays of a minimum of 25 feet and maximum of 40 feet wide. SuUd. 3. Blocks. Blocks �nust not exceed (600) feet in length and must provide pedestrian connectors. These pedestrian connectors can be pedestrian easements and pathways or through- building linkages at least every 300 feet. Subd. 4. Hei�ht. All nonresidential floor space provided on the ground floor of a mixed use building inust have a miniinum floor-to-ceiling height of 11 feet. 543.10. TransparencX. Subdivision 1. A minimum of 60 percent to a maximum of 75 percent of the front street-facing fa�ade between two feet and eight feet in height must comprise clear windows that allow views of indoor nonresidential space or product display area. Side facades abutting a public right-of-way shall have a minimum of 30 percent clear windows. Subd. 2. Hei�ht. The bottom edge of any window or product display window used to satisfy the ^ transparency standard of paragraph (1) above may not be more than three feet above the adjacent sidewalk. Subd. 3. Dis�lav. Product display windows used to satisfy these requireinents must have a minimum height of four feet and be internally lighted. Subd. 4. Windows. Transparent windows allowing visual access into and out of nonresidential buildings shall Ue required on the first floor frontage along the front yard. Subd. 5. Fenestration. 30 percent fenestration for windows above the first floor for all sides that abut a public right-of-way. 543.11. Sidewalks. Subdivision l. Sidewalks shall be constructed along the frontage of all public streets and within and along the fi-ontage of all new development or redevelopment. Subd. 2. Width. Sidewalks inay range in width from a ininirnuin of five feet to a inaximuin of 20 feet, depending on expected pedestrian traffic. 543.12. Pedestrian/Streetscapes. Subdivision 1. Street trees in grates or planters are required along sidewalks for all new platted streets. Existing streets may not allow sufficient right-of-way for sh•eet trees. If the existing right of way does not allow for street trees, landscaping, trees, planters or street furniture will Ue added to the interior side of the sidewalk where the setback � will allow. Subd. 2. Improvements. Pedestrian improvements of at least one percent of the project value shall be included in the development. These improvements shall create a high quality pedestrian ex�erience through the provision of benches, planters, drinking fountains, waste containers, median]andscaping, etc. Said improve�nents shall be on all public streets that lead directly to tlle �� station. Subd. 3. Li h�? ting. Pedestrian-scale ligl�t fixtures that shine downward on tl�e sidewalks and walkways shall be no greater than 12 feet in height and must be provided along all sidewalks and walkways to provide ample lighting during nigl�ttime hours for employees, residents, and customers. SuUd. 4. Maintenance. It shall be the responsibility of the owner of the aUutting building to maintain the streetscape. 543.13. Landscauin�. Subdivision 1. All open areas of a lot tl�at are not used or improved for required parking areas and drives shall be landscaped with a combination of over story trees, understory trees, shrubs, flowers and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculptures, fountains, decorative walks or ather similar site design features or materials. The following table is a minimum value for the landscaping: Project Value Minimum Below $1,000,000 2 percent $],000,000 - $2,000,000 $20,000+ 1 percent of project value in " excess of$1,000,000 $2,000,000 - $3,000,000 $30,000 + .75 percent of project value in excess of$2,000,000 $3,000,000 - $4,000,000 $37,500+ .25 percent of project value in excess of$3,000,000 over $4,000,000 1 percent a. Documentation showing an estimated dollar amount of landscaping shall be provided to tl�e City prior to any approval. b. All new overstory trees shall be balled and burlapped or moved from the growing site hy tree spade. Deciduous trees shall have a minimum caliper of 2.5 inches. Coniferous trees sl�all be a minimum caliper of 1.5 inches. c. All site areas not covered by buildings, sidewalks, parking lots, driveways, patios or sinlilar hard surface materials shall be covered with sod or an equivalent ground cover approved Uy the City. This requirement sl�all not apply to site areas retained in a natural �� state. �\ d. An underground spri»kler system shall be provided as part of each new development. A sprinkler system shall be provided for all landsca�ed areas e�cept areas to be�reserved in a natural state. The sprinkler system is required to have a sensor for an automatic shut- off to prevent the system fi•om operating when it is raining. 543.14. I�idoor/Outdoor Operations. All pennitted uses in the mixed use district must be conducted within a completely enclosed building unless pei-mitted by a conditional use pennit. This requirement does not apply to off-street parking or loading areas, auto�nated teller machines, or outdoor seating area, alone or in connection with restaurants. 543. 15. Wall si is. Subdivision l. Each tenant other than those in �nulti-tenant buildings may l�ave one flat wall sign, not extending inore than 18 inches froin the face of the building, except that such sib lage inay extend fro�n 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 inaxiinuin of 96 square feet. Signs shall not be internally illurninated. Subd. 2. Canopies and Awnin�s. The design of canopies shall be in keeping with the overall building design in tenns of location, size, and color. No canopies with visible wall hangers shall be perniitted. Signage on canopies inaybe substituted for allowed building signage and shall be liinited to 25 percent of the canopy area. Canopies shall not be internally illuininated. � Subd. 3. Projectin� Projecting signs will have a inaxiinum size of 12 square feet and a maximum width of three feet. Projecting sib s 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. Subd. 4. Monument signs. One monument sign shall be permitted for each multitenant 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 ti-om the property lines. 543.16. Drive throu�h. A one-lane drive through may be permitted with a conditional use per-mit. The applicant must show that the drive thru is an integral part of the building and the traffic and queuing will not interfere with the pedestiian experience. 543.17. UrUan Neighborhood (LTN) Subdivision l. This area is pritnarily located around the Blake Transit Station. The Urban I�Teighborhood District is intended primarily for inixed pedestrian-scaled, neighborhood-serving, nonresidential uses and high density residential uses in the same structure or in close proximity to one another. Nonresidential uses may include small-scale retail, service, and professional offices that provide goods and seivices to the residents of the sun�ounding neighborhood. � Subd. 2. Hei ht. Height 3-4 stories for residential structures Mixed Use 5-6 stories (retail on the first floor) 4-5 stories for office st�uctures � Subd. 3. Floor Area Ratio. Resideiltial miniinuin FAR 2 Residential maximuin FAR 3 Mi�ed use building minimum FAR 4 Mixed use building maximum FAR 5 Office building minimum PAR 3 Office building maximum rAR 4 Subd. 3. Front yard setbacks alon�Blake Road and Excelsior Blvd Residential building 15'- 25' Office building 25'- 40' Subd. 4. Front vard setbacks alon�2°d Street Residential building 5' — 15' Structured parking 5' — 15' Office building 5'-15' Side 10 feet `� Rear 10 feet 543.18. Downtown (DT) Subdivision 1. This area is primary located from the Downtown Hopkins Transit Station to Mainstreet. The Downtown District provides for development of high density residential and vertically-integrated, inixed-uses over ground-floor, non-residential uses on lots fronting Eighth Avenue from Excelsiar Boulevard to Mainstreet. This district acts as a transition from the transit station to Mainstreet and to draw peo�le to Mainstreet. Subd 2. Developinent Standards Fach off-street parking area is encouraged to be designed and located so that parking lots on adjacent parcels inay be linked. Tl�e principal functional doorway for public or direct-entry access into a building shall face the fronting street. Corner entrances sl�all be provided on corner lot buildings or have dual entries. A secondary entrance may be oriented towards off-street surface parking. Subd. 3. Outdoor Gathering S�ace Outdoor Gathering Space shall have direct access to the sidewalk. All outdoor Gathering Spaces will have a treatment sucll as a wrought iron fence, hedge, or a one to three feet wall following � the building line of the aUutting Uuildings. The space may have the followi�ig: �� • Lighted bollards • Movable or umnovable tables and chairs • Fountains or other water features • Benches • Seat walls and/or landscape planters • Shade trees • Pots or hanging baskets filled with seasonal plant material • Infonilation kiosks • Sculptures or other public art features SuUd. 4. Hei�ht. Minimum height three stories from alley south of Mainstreet to Mainstreet Minimum FAR—2 Maximum FAR- 3 Height four stories froin Excelsior Blvd to alley south of Mainstreet Miniinum FAR- 4 � Maximum FAR— 5 Subd. S. Setbacks Pront yard ininimum 1 foot maxiinum 5 feet- except for the following: a. A portion of the building may be setback to provide an articulated farade or acconunodate a building enri-ance feature, provided that the total area of the space created must not exceed one square foot for every linear foot of building frontage. b. A building may be set back to accommodate an outdoor eating area. To preserve the continuity of the street wall, the building may be set back no more that 12 feet from the front or street side l3roperty line, or at least 40 percent of the building facade must be located abutting a street. The total area of an outdoor eating area that is located between a public sidewalk and the building fa�ade inay not exceed 12 times the buildings street frontage in linear feet. Miniinuin side yard setback - 0 Minimum rear yard— 10 feet 543.19. Cominuter Town Center (CTC) - This area is priinary located around the Shady Oak Transit Station in the west side of Hopkins. The Cotrunuter Town Center District is intended to ^ support a variety of housing types and compatible vertically-integrated mixed uses composed of street-level nonresidential and upper-story residential uses. High-density attached residential use types that are supportive of transit are encouraged. � First Reading: July 5, 201 l Second Keading: July 19, 2011 Date of PuUlication: July 28, 2011 Date Ordinance Takes Effect: July 28, 2011 Eugene J. Maxwell, Mayor ATTEST: Deborah L. Sperling, City Clerk APPROVED AS TO FORM AND LEGALITY: � City Attorney Signature Date � • � � C,ITY OF �~ NOPKINS June 21, 2011 Planning Report VN11-1 REAR YARD SETBACK VARIANCE— 100 HOMEDALE ROAD Proposed Action Staff reconunends the following motion: Adopt Resolution RZ11-9, recoininendin� denial of a rear yard setback variance at 100 Hoinedale Road. Overview The applicant, Elizabeth Hatlestad, is proposing to remove the existing nonconfonning garage and constiuct a new garage closer to the rear property. The property is on a corner and the front yard for zoning purposes is Homedale. The rear yard setback in an R-1-C zoning district is 35 feet. The existing garage is non-confonning and has a 26.7 foot setback. The new garage is proposed to be 20' 8.5" to the rear lot line. All other setbacks will confonn with the R-1-C setbacks. The proposed garage will be 24' x 26'6.5" and have a second floor. -J CIIL� C��._� 1"l� ��- ��`'-X=�-C�r �--� ` Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? • What does the ordinance require? • What are the specifics of the applicant's request? • What practical difficulties does the property have? Supportin�Documents • Analysis of Issues • Site Plans • Resolution RZ 11-9 � �` �ti�' 1� � �� Nancy . Anderson, AICP Planner Financial Iinpact: $ N/A Budgeted: Y/N Source: � Related Documents (CIP, ERP, etc.): Notes: �� . � ti • � r � VN11-1 Page 2 � Primarv Issues to Consider. • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned R-1-C, Single Family Medium Density. The Comprehensive Plan has designated the site as Low Density Residential. The existing use complies with both documents. • What does the ordinance require? The R-1-C district requires a minimum rear yard setback of 35 feet. • What are the specifics of the applicant's request? The applicant is requesting a 14' 4.5" rear yard setback variance. • What practical difficulties does the property have? The new state statute requires three standards for the granting of a variance. The three requirements are: � 1. That practical difficulties cited in connection with the granting of a variance means that the property owner proposes to use the property in a reasonable manner not pennitted by an official control; 2. The plight of the landowner is due to circuinstances unique to the property not created by the landowner; and 3. The variance, if granted, will not alter the essential character of the locality. You could argue that the applicant does not ineet the first and third requireinents, because a 20' 4.5" rear yard setback is not the standard for the R-1-C zoning district; however, the applicant does not meet the second requirement. The request for a new garage is created by the applicant wanting a larger garage. Because all three standards are required for the granting of the variance, staff cannot recominend approval of the variance. Surrounding uses The site is surrounded by residential uses on all sides. Alternatives. 1. Recoininend approval of the rear yard setback variance. By recommending approval of the rear yard setback variance, the City Council will consider a recommendation of '� approval. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. ;� }}'• VN11-1 � Page 3 � 2. Recoininend denial of the rear yard setback variance. By recoinmendi�g denial of tl�e rear yard setback variance, the City Council will consider a recominendation of denial. 3. Continue for further infonnation. If the Planning Coininission indicated that further infonnation is needed, the item should be continued. �i �� , �, , CITY OF HOPKINS ^ Hennepin County, Minnesota RESOLUTION NO: RZ11-9 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING DENIAL OF A REAR YARD SETBACK VARIANCE WHEREAS, an application for Variance VN11-1 has been made by Elizabeth Hatlestad; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN11-1 was inade by Elizabeth Hatlestad on May 27, 2011; 2. That the Hopkins Zoning and Planning Coinmission, pursuant to inailed notice, held a ineeting on the application and reviewed such application on June 28, 2011: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of the City staff were considered; and 4. Legal description of the parcel is as follows: Lots 29 and 30, Block 6, FA SAVAGES INTERLACHEN PARK ---� NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VNll-1 to reduce the rear yard setback froin 35' to 20' 8.5" is hereby recoirunended for denial based on the following Findings of Fact: 1. That 100 Homedale does not have a practical difficulty to the parcel. 2. That the need for the setback variance was created by the applicant. 3. That the applicant does not meet the three criteria for the ganting of a variance. BASED ON THE FOREGOING FINDINGS OF FACT, the Zoning and Planning Coininission of the City of Hopkins, Minnesota, hereby detennines that the literal enforcement of the 35-foot rear yard setback in the R-1-C zoning district would not cause a practical difficulty because of circumstances unique to the subject property, that the denial of the requested variance to the extent necessary to coinpensate for such practical difficulty is in keeping with the intent of the Hopkins City Code, and that the variance of 14' 3.5" feet is not reasonable. Adopted this 28th day of June 2011. � Pat Beddor, Vice Chair �Mlz�lrlj 4 Ci HATLESTAP REM b 6' I cl ,6 ii u i HomrpALr Ro#v HOPKINP5, MN. .... ...... H.J .................... 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