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07-26-2011 � JULY AUGUST MEMBERS S M T W T F S S M T W T F S CUMMINGS KUZNIA � 1 2 1 2 3 4 5 6 NAEF DATTA 3 4 5 6 7 8 9 7 8 9 10 11 12 13 ALLARD FIRTH 10 11 12 13 14 15 16 14 15 16 17 18 19 20 FISHER ANDERSON 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 31 AGENDA ZONING & PLANNING COMMISSION Tuesday, July 26, 2011 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- ITEM: Approve and sign minutes of the June 28, 2011, regular meeting. � COMMISSION ACTION: U,�, l l� �a V��✓1 / / � � CASE NO. ZN11-5 ORDINANCE AMENDMENT -ALLOWING OFF SALE LIQUOR IN B-4 ZONING DISTRICT Public Public Hearing to consider allowing off-sale liquor sales in the B-4 Hearing Zoning District COMMISSION ACTION: G11� iY1 -�-D�V�b� / / / 1 ITEM: REPRESENTATIVE TO UPDATE CITY COUNCIL � ADJOURNMENT i� /� �\ ^ ZONING AND PLANNING COMMISSION MINUTES June 28, 2011 A regular ineeting of the Hopkins Zoning and Planning Cominission was held on Tuesday, June 28, 2011, at 8:00 p.in. in the Council Chainbers of Hopkins City Hall. Present were Commission Members Molly Cuininings, Doug Datta, Pat Beddor, Tom Jenny, Andrea Naef, Bob Hatlestad and Aaron Kuznia. Also present was staff ineinber Nancy Anderson. CALL TO ORDER Mr. Hatlestad called the meeting to order at 8:00 p.m. in the Council Chainbers. APPROVAL OF MINUTES Ms. Naef inoved and Mr. Beddor seconded the motion to approve the minutes of the May 31, 2011, regular meeting. The motion was approved unanimously. ITEM: ORDINANCE AMENDMENTS—VARIANCES --� Ms. Anderson reviewed the proposed amendinents to variances. Ms. Anderson stated that these amendinents are the result of changes to the state statute regarding variances. The public hearing was opened at 8:10 p.m. No one appeared at the public hearing. Mr. Kuznia moved and Mr. Beddor seconded a inotion to close the public hearing. The motion was approved unanimously. The hearing was closed at 8:11 p.m. Ms. Naef moved and Ms. Cummings seconded a motion to adopt Resolution RZ11-7, recoininending approval of ainendments to variances. The motion was approved unanimously. ITEM: ORDINANCE AMENDMENTS—MIXED USE Ms. Anderson reviewed the proposed ordinance. The Commission has been reviewing the proposed ordinance for the past year. The public hearing was opened at 8:16 p.in. No one appeared at the public hearing. Mr. Beddor moved and Mr. Jenny seconded a inotion to close the public hearing. The inotion was approved unanimously. The hearing was closed at 8:17 p.in. Mr. Kuznia moved and Mr. Hatlestad seconded a motion to adopt Resolution RZ11-8, recommending approval of a mixed use zoning district. The inotion was approved unanimously. �\ Mr. Hatlestad excused himself at this time. MINUTES OF THE ZONING AND PLANNING MEETING, May 31, 2011 Page 2 ITEM: VARIANCE—REAR YARD SETBACK— 100 HOMEDALE ROAD � Ms. Anderson reviewed the rear yard setback variance. Staff has recoininended denial of the variance. Elizabeth Hatlestad, the applicant, appeared before the Commission. The discussion focused on corner lots and whether the applicant had a practical difficulty. After considerable discussion, the Commission indicated that the applicant did have a practical difficulty because the lot was a corner lot. Mr. Kuznia inoved and Mr. Datta seconded a inotion to adopt Resolution RZ11-9, recommending approval of a rear yard variance. The motion was approved on a 5-1, Ms. Naef voting nay. ADJOURN Mr. Jenny moved and Mr. Beddor 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 � - G�TY pF � July 19, 201 1 H O P K I N S Planning Report ZN 11-5 ZONING ORDINANCE AMENDMENT—LIQUOR STORES IN B-4 Proposed Action Staff recommends the following motion: move to adopt Resolution RZ11-10, recommending approval Ordinance 11-1033, ainending the zoning ordinance to allow liquor stores in the B-4 zonin�district. Overview The City has received an application for a zoning amendment from Mac's Liquor to allow liquor stores in the B-4 zoning district. Originally the area where Mac's Liquor is located was zoned B-3, General Business. In response to the East End Study, there was a recoinmendation to develop a new zoning district and to rezone this area to the new zoning district. A B-4 district was created and the property in the east end was rezoned. Mac's Liquor is now located in a B-4 zoning district along with all the properties abutting the north side of Excelsior Blvd from Blake Road to the railroad tracks. Mac's Liquor's lease runs � out in Septeinber 2012. Mac's Liquor is grandfathered in the current location. If the liquor store location changes to another B-4 location, a liquor store would not be allowed because a liquor store is not a pennitted use in the B-4 zoning district. Primarv Issues to Consider • What is the proposed ainendment? • What is the staff recominendation? SuAportin�Documents • Analysis of Issues • Zoning Map • Resolution RZ 11-10 • Ordinance 11-103 3 2��_ Nanc . Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): � Notes: �� \ � Y� ZN 1 l-5 Page 2 � Primarv lssues to Consider. • What is the proposed amendment? The proposed amendnlent will allow off-sale liquar stores in the B-4 zoning district. Staff is also recomn�ending that the size of the store be limited to 5000 square feet. • What is the staff recommendation? The B-4 zoning is a neighUorhood zoning. Without adding liquor stores to the B-4 zoning district there are very liinited locations where a liquor store could be located in the east end of Hopkins. Staff is recoininending approval of the proposed ordinance with the condition tllat the area of the store is liinited to 5000 square feet. This limitation will not allow a large liquor store, which is more in line with the neighborhood type zoning. Alternatives 1. Recoininend approval of the amendment to the zoning ordinance. By recommending approval of the ainendinent to the zoning ordinance, the City Council will consider a recoininendation of approval. --� 2. Recoinmend denial of the ainendment to the zoning ordinance. By recommending denial of the amendment to the zoning ordinance, the City Council will consider a recommendation of denial. If the Planning Coinmission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further infonnation. If the Planning Cominission indicates that further information is needed, the item should be continued. �� iaa� r� OCO'L OSZ'S OOS'E GSL'L SL9 0 �enal-li_swi n>_yd sssrnsne i -��,�,zisncrvnva_m_^a-i � ivia:snow.... ssa��is�e accNaoeNe+3n ra'—' SS3NISn8ltl`_'3N3FiC'e�-- �'� —�'--- SS3NISf:8ltl�1Pl3��-8 $SiINSf197:11N11�L-9 ~� 1'IiVy_315.�dl:�,f1W.LL�SY30�Il11C3L'1�tl� _.._......_. AI A'I':I�j 3'�dLL"��f14V AlISN3C N�IH S-'� Z-a . 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I - 4 L-`J f -! � I ! .� � '� ' � �' .�I D.L . - , a�� — __ , - - _ ,, � �; � ,;�-� � ; � �� . � � �� .� � � —�� _ �_.,�i� '� �� "= � ' t �j�� ' ,� � � ! � r� _ _____ i . � �� i -� - - — - � - I L- - , ' i I _ , � , � � '� `' s-ar i's��s � ` ' � l , _ .� �� Z�� - ��` � � � �_�,_� � ;_ � ' � _ �-�-� �.., - .�� ' � - i ,�" � -- �., .,_° � - -�-� ; � � �-1—� —I— - �� n,�y��; ,� . � �- � � ; �, , � - � �. ; - ., � _ - , � I �r�I� i /� I --�---�__�J �' �i.� �\� `.� _ �d �.W I _�-IT, -- _,.�� — I_ _z_d � _t a �'.i �!��-�' _ -- i I : � -- � � „ � _. . �--�- �-�-� _ y nr, , _ _ - - - �� - - `_�. ` o•�•a ..� � I L__ `�- , I ' %� �—� � i� �-i-- ��' ' i � i � ��--t_--— � N a�-i�, — • � --_ ` '�`-y -- — — '�—�) �_ �� clb� �Lrluoz sLcl�do��'o �C�z,� -- — � , r � CITY OF HOPHINS Hennepin County, Minnesota RESOLUTION NO: RZ11-10 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS WHEREAS, an application for Zoning Ainendment ZN11-5 has been applied for by Dave and Sue McCarville; WHEREAS, the procedural history of the application is as follows: 1. That an application for a zoning amendinent was applied for by Dave and Sue McCarville; 2. That the Hopkins Zoning and Planning Coininission published notice, held a public hearing on the application and reviewed such application on July 26, 2011: all persons present were given an opportunity to be heard; --� 3. That the written coinments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Ainendinent ZN11-5 is hereby recormnended for approval based on the following Findings of Fact: 1. That the Zoning and Planning Commission reviewed the proposed ordinance. 2. That it has been detennined that a liquor store is an acceptable use in the B-4 zoning district. 3. That the size of liquor stores in the B-4 zoning district is limited to 5000 square feet. Adopted this 26th day of July 2011. ^ Aaron Kuznia, Chair CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 11-1033 � THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That Section 535 of Hopkins Code of Ordinances be the saine and are hereby amended by adding the following section: Section 535 - Zoning: business districts PERMITTED USES B-1 B-2 B-3 B-4 41. Liquors X X �4� � First Reading: August l, 2011 Second Reading: August 16, 2011 Date of Publication: August 25, 2011 Date Ordinance Takes Effect: August 25, 2011 Eugene J. Maxwell, Mayor ATTEST: , City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date �