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02-23-2016 HOPKINS PLANNING AND ZONING COMMISSION AGENDA -� Tuesday, February 23, 2016 6:30 m THIS AGENDA IS SUBJECT TO CHANGE UNTIL THE START OF PLANNING AND ZONING COMMISSION MEETING I. CALL TO ORDER II. ADOPT AGENDA III. PRESENTATIONS IV. CONSENT AGENDA 1. Minutes of the January 26, 2016, Planning and Zoning Commission V. PUBLIC HEARING 1. Request by the City of Hopkins for a Text Amendment Related to Zoning Standards for Theaters (2016-04-TA) 2. Request by the City of Hopkins for a Text Amendment Related to Zoning Standards of the Institutional District and Rezoning for the Public Works and Pavilion Properties (2016-05-TA and 2016-06-RZ) 3. Request by the City of Hopkins for a Comprehensive Plan Amendment and Rezoning for Land Annexed into Hopkins from St. Louis Park (2016-07-AMD and 2016-08-RZ) �I. OLD BUSINESS VII. NEW BUSINESS VIII. ANNOUNCEMENTS IX. ADJOURN OPEN AGENDA— PUBLIC COMMENTS/CONCERNS Public must fill out a Speaker Request Form. During this time, anyone wanting to address a topic not listed on the agenda may do so. There is a three-minute time limit per person. ''1 UNOFFICIAL ZONING AND PLANNING COMMISSION MINUTES January 26, 2016 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, January 26, 2016, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Gary Newhouse, Scott Kerssen, Mike Tait, Emily Wallace- Jackson and Matt McNeil. Absent were Commission Members Brian Hunke and James Warden. Also present were City Planner Jason Lindahl and Planning& Development Director Kersten Elverum. CALL TO ORDER Chair Kerssen called the meeting to order at 6:30 p.m. APPROVAL OF MINUTES Commissioner Newhouse moved, Commissioner Tait seconded, to approve the minutes of the November 24, 2015, regular meeting. The motion was approved unanimously. ITEM: PRELIMINARY AND FINAL PLATS—9 SEVENTH AVENUE SOUTH �. Mr. Lindahl explained the split of the two-acre parcel, vacation of the storm sewer easement, the parking and access easement recording requirement and the deferral of a park dedication fee to the time of issuance of a building permit. He stated that any future development of Lot 2 will require full review and zoning approval from the City. Mr. Lindahl also summarized public comments he received concerning public parking in the area from Roz Peterson of Cerron Properties and resident parking during snow removal from the property from Joe Hruska, president of Sixth Avenue South Block Association. Erin Mathern, representing Community Housing Development Corporation(CHDC), explained that the process of refinancing gave CHDC the opportunity to replat now rather than at the time of their anticipated development proposal for an apartment building with 120-180 affordable units with underground parking. She stated that the parking lot is now underutilized by 40-50 percent, renovation of the current building will include exterior painting, new windows and an improved entry that will enhance accessibility. Interior improvements will be extensive in common areas and within units. The number of units will remain the same. Cost is estimated at $3-4.5 million. Public Hearing: Chair Kerssen opened the public hearing at 6:52 p.m. No one came forward to speak. Commissioner Newhouse moved, Commissioner McNeil seconded, to close the public hearing. The motion was approved unanimously. The public hearing closed at 6:53 p.m. Commissioner McNeil moved, Commissioner Newhouse seconded, to adopt Planning Resolution 2016-01, recommending the City Council approve the preliminary plat for Hopkins Village, subject to the conditions. The motion was approved unanimously. .-. Commissioner McNeil moved, Commissioner Tait seconded, to adopt Planning Resolution 2016- 02,recommending the City Council approve the final plat for Hopkins Village, subject to the conditions. The motion was approved unanimously. UNOFFICIAL Z&P Commission Meeting Minutes, January 26, 2016—Page 2 '" ITEM: TIF DISTRICT 1-5 CONFORMANCE REVIEW Ms. Elverum explained that this project is important to the City vision to make a strong connection between the proposed Downtown LRT station and Mainstreet via Eighth Avenue. The creation of a TIF district will make it financially feasible for this 241-unit apartment development to be built in view of the high cost of redevelopment and the pedestrian/bicyclist- focused aspects of the project. In response to questions from the Commission, Ms. Elverum stated that the term of the district will be 25 years, but this project term may be fewer years depending on need, and that provisions to outline an acceptable rate of return will be included. The district area will be the footprint of the project. The Commission is being asked to find that the project conforms to the general plans for redevelopment of the City. There will be a public hearing on approval of the district at the February 2 City Council meeting. Commissioner Newhouse moved, Commissioner Wallace-Jackson seconded, to adopt Planning Resolution 2016-03, finding that a modification to the redevelopment plan for Redevelopment Project No. 1 and a tax increment financing plan for Tax Increment Financing District No. 1-5 (The Moline) conform to the general plans for the development and redevelopment of the City. The motion was approved unanimously. ADJOURN Commissioner Newhouse moved, Commissioner McNeil seconded, to adjourn the meeting. The " motion was approved unanimously. The meeting adjourned at 7:10 p.m. MEMBERS ATTEST: Scott Kerssen, Chair .-. February 23,2016 Planning Report 16-04-TA Zoning Code Text Amendment Related To Theaters Proposed Action: Staff recommends the following motion: • Move to ado�t Planning Coininission Resolurion 2016-04. recommending the City Council a��rove an ordinance amending Sections 515.07 and 535 of the Cit� Code related to zoning standards for theaters. Overview This application was initiated by staff to bring the Zoning Code in line with recent changes to the City Liquor licensing regulations related to Theaters. Should the City approve the proposed Zoning Code text amendment, it would: 1. Create a new zoning definirion for theaters consistent with the definirion used in the liquor license regulations; 2. Establish theaters under this definirion as permitted uses in the B-2, Central Business, and B- 3, General Business districts; and, 3. Replace the "Theater, Non-Drive-In" use title with the term"Theater, Multiplex" to match the Loning Code definirion. � This memo reviews the City's legal authority for this type of application, the proposal's consistency with the Comprehensive Plan, the proposed zoning standards and potential non- conformity issues. Based on the fmdings made below, staff recommends approval of this request. Primary Issues to Consider • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non-Conformity Issues Su�porting Documents • Planning and Zoning Commission Resolurion 2016-04 • Applicant's narrative • Zoning Map Jason Lindahl,AICP Ciry Planner Financial Impact: $ N/A Budgeted: Y/N Source: ^ Related Documents (CIP, ERP, etc.): Notes: Planning Report 16-04-TA Page 2 Background In November of 2015, Michael Edlavitch and Teresa Angier petitioned the City Council to � amend the City's liquor license regulations to allow on-sale licenses to be issued to theaters (see attached narrative). The City Council reviewed and approved an ordinance to allow this request on February 2 and 16, and the change took effect on February 25. According to Mr. Edlavitch and Ms. Angier, they intend to open the Royal Comedy Theatre at 805 Mainstreet. They plan to be open Tuesday through Saturday from 8 pm to 11:30 pm,with performances starting at 9 pm. Their business model includes concession sales in the lobby before, during and after each show. Concessions would include alcoholic beverages similar to many of the other theaters in Minneapolis and greater Minnesota. Now that the City Council has revised the liquox regulations to allow comedy clubs to serve alcohol, the zoning regulations must be updated to specifically allow this type of theater use. Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be Yeasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Primary Issues to Consider Consistency With the Comprehensive Plan. The proposed zoning ordinance text amendment to bring the Zoning Code in line with recent changes to the City Liquor licensing regulations related to theatexs is consistent with the goals and implementation strategies of the `- Comprehensive Plan. The applicable goals or implementation strategies from the Comprehensive plan, along with staff's findings for each, are detailed below. • Protect and Enhance Downtown Hopkins Findings: The Comprehensive Plan identifies eight primary goals to guide future development in Hopkins. The most applicable goal to this application is to "protect and enhance downtown Hopkins." This goal goes on to state the City should make efforts to retain e�sting downtown businesses and attract new specialty retail, entextainment and restaurant businesses to Mainstreet. The proposed zoning ordinance text amendment would allow theaters (more specifically,in this case comedy clubs) as a new type of entertainment business in downtown. This proposal has the added benefit of potentially drawing new customers to downtown that should also support existing businesses. • Review and Update Zoning and Subdivision Regulations Findings: In addition to the eight primary goals, the Comprehensive Plan identifies strategies to unplement these goals. Specifically, the Comprehensive Plan idenrifies the implementation strategy to review and update the City's zoning and subdivision regulations. Updating the zoning regulations for theater uses will detail the specific standards necessary to implement the City's goal to protect and enhance downtown. �... Planning Report 16-04-TA Page 3 .-. Zoning Standards. The proposed zoning ordinance text amendment would make three changes to the zoning standards to allow theaters as a permitted use in the B-2, Central Business, and B-3, General Business, districts (see attached map). These changes are consistent with the goals and unplementarion strategies of the Comprehensive Plan and recent changes to the City's liquor license standards. Each of the three pYoposed changes is detailed below. • Create a new zoning defuution for theaters. "Theater - a building containing an auditorium in which live dramatic, musical, dance, or literary performances are regularly presented to holders of uckets for those performances. Theater shall not be interpreted to include any adult-oriented business included in Section 1165—r�dult Establishments." This defulirion is based on Minnesota Statute 340A.101, Subdivision 27a (Liquor Defuutions) and consistent with the defuution recently added to the City's liquor license regulations. It should be noted that staff added the second sentence in this definition to prevent any connection with this type of theater and adult establishments regulated under Secuon 1165. The City Attorney has reviewed and approved this definirion. • Establish theaters under this definition as perniitted uses in the B-2, Central Business, and B- 3, General Business, districts. In addition to creating a new zoning defu�ition for theateYs, the permitted uses within the B-2 and B-3 districts must be updated to include this specific use. To this end, staff recommends revising Secrion 535 of the City Code that lists permitted uses in the Business district to include theaters as a pernutted use in the B-2 and B-3 districts. �--� • Replace the "Theater, Non-Drive-In" use tide with the term "Theater, Multiplex" to match the Zoning Code defuiirion. Currendy, the defuurion and use ritles used to allow movie theaters in the Zoning Code are inconsistent The defuution ride used in the zoning regulation is "Theater, multiplex"while the ride listed in the permitted use secrion is "Theater, Non-Drive-In." Staff recommends replacing the "Theater, Non-Drive-In" use tide with "Theater, Multiplex" to make the use tide consistent with the definition title. Nonconformities. As with any change to the City's regulations, this zoning ordinance text amendment has the potential to create sites that are non-conforming or do not meet the new proposed standard. r�ccording to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a statutory right to continue through repair, replacement, restoration,maintenance, or improvement but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. In this case, no nonconformities will be created as a result of the proposed changes because they create new regulations for a new type of use. In fact, the purposed changes that eliminate inconsistencies between the definition and use tides used to allow movie theaters in the Zoning Code should actually reduce the potential for future nonconforming issues. Alternatives 1. Recommend approval of the proposed Zoning Code text amendment related to theaters. By � recommending approval, the City Council will consider a recommendarion of approval. Planning Report 16-04-TA Page 4 2. Recommend denial of the proposed Zoning Code text amendment related to theaters. By recommending denial, the City Council will consider a recommendarion of deniaL If the �- Planning Coinmission considers this alternarive, findings will have to be idenrified that support this alternarive. 3. Continue for further information. If the Planning Commission indicates that further information is needed, the item should be continued. �.. � CITY OF HOPKINS _ Hennepin County, Minnesota PLANNING AND ZONING COMMISSION RESOLUTION NO: 2016-04 A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR THEATERS WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for theaters; and, WHEREAS, the procedural history of the application is as follows: 1. That an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for theaters was initiated by the City of Hopkins on December 23, 2015; 2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on February 23, 2016: all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that an application to amend Sections 515.07 and 535 ^ of the City Code related to zoning standards for theaters is hereby recommended for approval based on the following Findings of Fact: - 1. The zoning ordinance text amendment is consistent with the goals and implementation strategies of the Comprehensive Plan and recent changes to the City's liquor license standards. Adopted this 23th day of February 2016. Scott Kerssen, Chair ''1 � �.��uy e5a.i�� pue y�t�nelPa 1�Q1{��IV '�(l�.ia�u�5 •Suo�led �no �tq oal�adxa �(1�uaue ue a9 plrio,n li se loyo�le �n ��; 01 paau pino-n ar� ssa»ns r aq ol ' <l��vo�l�ppy •suo�ldo yu�uip ln;.�apua+� �Cuew sey �Cpea�te su�;�doN a�u��. �tl��adsa '�aa��su�eN ol �pawo� dn-pue�s 1ea�J �u��u�aq uo smo� oi aa�a.�d plr�oM aM 'rnoy, ai�l aaojaq �auu�p anaas ol �.l�t�qe ayl y��rn szue�nelsa� se uado sanuan ,(pawo� dn_pue7S awos al�y�y •su��doF� `�aa�jsU�ey� uo pays�lye;s� �(p¢»te t;ue�nelsaa ai�l ;o auo le u�lea �(pea�le ane�� tl�M saapua;le _ino �o �S��oCew ayl ieyl uo�3el�adxa ano s� �� 'aw�� auu►p �al;e u�8aq 53�UpLJO)JOd �no asne�ag •wd6 �e �u��aels sa�uewao;aad y1�M wdOE�TT ol wdg iuoa; �Cep�nle5 - �eP��nL uado aq o� s� uoilualu� �np „• • •,51�� ay; u�yi�M �a1eayz e ol asua��1 �onb�l �lew ales_uo ue ao 'asua�il au�m ates_uo ue `asua��1 aonb�� u�le��xo�u� a2es-uo ue anss� �(ew d3i� y„ salpls q•�•T uo�s��pqn5 bOb'V�b£ alnle7S plosauu�W � •elosauu�W �a�ea-�� pue s�lodeauu�w u� saaiea�{i ��y10 ay; �o �(uew ol uo�yse; aelim�s u� saRe�anaq ��lo��o�le apnl�u� oi suo�ssa wo� •rnoys y�ea �az}e pue `�u��np `J.aO�c1(� �(qqol ay1 u� suo�ssa�uo� ttas oa �do�� oP1 •su��doH 'aaa.,lsu�ey uo �Cpawo� dn-pue�s �u�1uasaid a�leayj �(pawo� te�toH uado ��3 s� uoi.luatu� �np �p��•� `sui�doH u� pale�ol sa�leay� oz pan�si aq o� sasua�cl ales_uo �o� ��o�le o� SO'OOZi uo�l�as apo� �(1�� su��doH Eo luawpuawe a��l lsanba_� ol �u�l� �h� aie aM 'su�.ydoH �o �(l�� ea4 ��Ur, i t :�q.i.?noN wo��ew6ro)uw.(pawoa�e�(a CL66-LEtr(Z19) suir�doH'�aa i�suiey� aa �a �C a�uo ��o � �1 p � � � � � � ."t City of Hopkins Zoning Map ��'�' -- ' ---r-�-�- R1D `._ =-^ `� 1 �: :L�-,=E _� �-� _ _ �� , N -�:��\�, � � � R-1-D R- � � B �� ;J� I INS � R � I�fJ (�� R-2 R�4 Ra � ��p,�� INS R �� - -�-� R� �N � R-1-A ^� � �� ' — �C�� II�� BP / R wD B � �� ,3 If � � �� - � ��11� � �NS �� .�� R.� :-��r� � � S � �� _, �� -: BP ZONING DISTRICTS , �� R-1-A Single and Two Family High Density � � � R-1-B Single Family High Density 11�� R-1-C Single Family Medium Density �R-1-D Single Family Low Density �� R-1-E Single Family Low Denslry _� � R-2 Low Density Muttiple Family Closed Landfill R tricted �R-3 Medium Density Muttiple Family � — � R-4 Medium High Density Multiple Family �R-4 PUD R-2 -R-5 High Density Multiple Family -R-8 Medium Densiy Multiple Family RJPUD � -B-1 Limited Business -B-2 Centrel Business � -63 General Business - B-4 Neighborhootl Business r �Business Park �InsUtubonal - I-1 Industrial - I-2 Generel Industrial �Mixed Use Closed Landfill ResMcted(CLR) Planning Applications 2016- February 23, 2016 05-TA and 2016-06-RZ Zoning Code Text Amendment and Rezoning Proposed Action: Staff recommends the following motions: • Move to ado�t Planning Coinmission Resolurion 2016-05, recommending the City Council �ppYove an ordinance amending Secrion 542 of the Cit� Code related to zoning standards for the Institutional District. • Move to ado�t Planning Commission Resolurion 2016-06, recommending the Cit� Council a�ppxove an oxdinance rezoning the �ro�erties at 11000 Excelsior Boulevard (Ho�kins Pavilion and Public Works buildings) and 101 - 17th Avenue South (Fire Station) from R-5, High Densit�Multifamily� to Institutional. Overview This applicarion was initiated by staff to update the permitted uses allowed in the Institutional district and bring the zoning classificarion of the properties at 11000 Excelsior Boulevard (Hopkins Pavilion and Public Works buildings) and 101- 17th Avenue South (Fire Station) into compliance with the future land use designarion in the Comprehensive Plan. This memo reviews the City's legal authority for this type of application, the proposaPs consistency with the Comprehensive Plan, the proposed zoning standards and potential non-conformity issues. -- Based on the findings made below, staff Yecommends approval of these requests. Primary Issues to Consider • Text Amendment Standards • Rezoning standards Su�porting Documents • Planning and Zoning Coinmission Resolution 2016-05 • Planning and Zoning Coininission Resolution 2016-06 • FutuYe Land Use Map • Zoning Map Jason Lindahl,AICP City Planner � Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: Planning Applications 2016-OS-TA &2016-06-RZ Page 2 Background -- The Public Works department would like to add an electronic sign to its facility at 11000 Excelsior Boulevard. This type of sign is not allowed under their cuYrent R-5, High Density Mulrifamily zoning, but may be allowed under Institutional zoning. The Future Land Use Map guides the subject property as Institutional; therefore, rezoning the property from R-5, High Density Multifamily, to Institutional would bring the site into compliance with the Comprehensive Plan and potenrially allow the placement of an electronic sign;however, the Pavilion, Public Works building and fire station are currendy not allowable uses in the Institutional district, so a zoning text amendment is also required to add these facilities as pernlitted uses in the Institutional disttict. Ovexall, staff sees this process as a "housekeeping" item that will bring the site into conformance with the Comprehensive Plan while also facilitating placement of an electronic sign. Legal Authority. This application includes a zoning code text amendment and rezoning. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide fle�bility to create standards that will ensure the type of development it desires; howevex, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safery and welfare. By comparison, rezoning applications are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan and Zoning Code are being followed. Generally,if these applications meet the City's established requirements they must be approved. Staffls review of each application is provided below. ._., Primary Issues to Consider—Text Amendment Consistency With the Comprehensive Plan. The proposed zoning ordinance text amendment is consistent with the Comprehensive Plan. According to the CompYehensive Plan, the Institutional land use category is intended to capture public and semi-public uses including schools, churches, City Hall and other civic uses; therefore, adding"Public or Governmental Services" as a permitted use in the Institutional zoning district will pxovide greater consistency between the Comprehensive Plan and the Zoning Code. The Comprehensive Plan identifies strategies to implement its goals. One such strategy is to review and update the Ciry's zoning and subdivision regulations. Updating the zoning regulations for the Institutional district to add"Public or Governmental Services" will establish the e�sting Pavilion, Public Works and Fire Station as permitted uses in this district and formalize the existing land use pattern. Zoning Standards. The proposed zoning ordinance text amendment would add "Public or Governmental Services" as a permitted use in the Institutional district. As a result, these uses would be allowed in the district. As noted above, adding these uses is consistent with the goals and policies of the Comprehensive Plan. � Planning Applications 2016-OS-TA & 2016-06-RZ � Page 3 .--. Primary Issues to Consider—Rezoning After adding Public and Governmental Services as a permitted use within the Institutional district, the subject properties must be rezoned from R-5, High Density Multifamily, to Institutional. There are four key criteria for the City to weigh when considering a rezoning request. These criteria and staffs findings for each are outlined below. Consistency with the Comprehensive Plan. Rezone the properties at 11000 Excelsior Boulevard (Hopkins Pavilion and Public Works buildings) and 101 - 17th Avenue South (Fire Station) from R-5, High Densit�� Multifamily, to Institurional is consistent with the Comprehensive Plan. "I'he Future Land Use Map guides the subject property as Institutional; therefore, rezoning the property from R-5, High Density Multifamily, to Institutional is consistent with the Comprehensive Plan. Compatibiliry with Present and Future Land Uses. The subject property is surrounded by other public and institutional uses to the north and east, single family residential to the west and commercial and office/warehouse uses to the south. Staff finds these uses are compatible and the proposed rezoning will not change this land use pattern. Conformance with New Zoning Standards. Generall��, the e�sting Pavilion,Public Works building and fire station conform to the development standards of the Insritutional district. Any element of the existing site or building that did not meet the standards of the Institutional district � would be considered legal nonconforining and allowed to continue through repair, replacement, restoration, maintenance, or improvement,but not through expansion. As a result, any changes to these sites would be required to meet the regularions of the Institutional district. Availability of Utilities. The subject properties are connected to municipal sewer and water services as required by the City. Alternatives 1. Recommend approval of the proposed zoning code text amendment/rezoning. By recommending approval, the City Council will consider a recommendation of approval. 2. Recommend denial of the proposed zoning code text amendment/rezoning. By recommending denial, the Cit�� Council will consider a recommendation of denial. If the Planning Commission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further informarion. If the Planning Cominission indicates that further information is needed, the item should be continued. � � CITY OF HOPKINS ,1 Hennepin County, Minnesota PLANNING AND ZONING COMMISSION RESOLUTION NO: 2016-OS A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING SECTION 542 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR THE INSTITUTIONAL DISTRICT WHEREAS, the City of Hopkins initiated an application to amend Section 542 of the City Code related to zoning standards for the Institutional district; and, WHEREAS, the procedural history of the application is as follows: 1. That an application to amend Section 542 of the City Code related to zoning standards for the Institutional district was initiated by the City of Hopkins on January 20, 2016; and, 2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on February 23, 2016: all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered. � NOW, THEREFORE, BE IT RESOLVED that an application to amend Section 542 of the City Code related to zoning standards for the Institutional district is hereby recommended for approval based on the following Findings of Fact: 1. The zoning ordinance text amendment is consistent with the goals and implementation strategies of the Comprehensive Plan. Adopted this 23th day of February 2016. Scott Kerssen, Chair � ^ �'1 ''1 CITY OF HOPKINS � Hennepin County, Minnesota PLANNING AND ZONING COMMISSION RESOLUTION NO: 2016-06 A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE REZONING THE PROPERTIES AT 11000 EXCELSIOR BOULEVARD (HOPKINS PAVILION AND PUBLIC WORKS BUILDINGS) AND 101 - 17TH AVENUE SOUTH (FIRE STATION) FROM R-5, HIGH DENSITY MULTIFAMILY, TO INSTITUTIONAL WHEREAS, the City of Hopkins initiated an application to rezone the properties at 11000 Excelsior Boulevard (Hopkins Pavilion and Public Works buildings) and 101 - 17th Avenue South (Fire Station) from R-5, High Density Multifamily, to Institutional; and, WHEREAS, the subject properties are legally described as follows: PID 24-117-22-33-0005 THAT PART OF THE SW 1/4 OF SW 1/4 LY1NG S OF N 608 12/100 FT THEREOF AND W OF THE CTR LINE OF 16TH AVE EXTENDED S ALSO THAT PART OF THE SW 1/4 OF SW 1/4 LY1NG S OF N 638 27/100 FT AND W OF THE E LINE OF 15TH AVE EXTENDED S AND E OF THE CTR LINE OF 16TH AVE EXTENDED S EX R R R&W LAND AND ST. ^ WHEREAS, the procedural history of the application is as follows: 1. That an application to rezone the subject properties was initiated by the City of Hopkins on January 20, 2016; and, 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on February 23, 2016: all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that an application to rezone the properties at 11000 Excelsior Boulevard (Hopkins Pavilion and Public Works buildings) and 101- 17th Avenue South (Fire Station) from R-5, High Density Multifamily, to Institutional is hereby recommended for approval based on the following Findings of Fact: 1. The rezoning is consistent with the goals and implementation strategies of the Comprehensive Plan. BE IT FURTHER RESOLVED that the rezoning application is hereby recommended for approval subject to the following condition: 1. Approval of a Zoning Code text amendment adding Public and Governmental Services as a permitted use in the Institutional district. � Adopted this 23`h day of February 2016. Scott Kerssen, Chair �'y � � _ City of Hopkins Comp�ehensive Plan --- - -- I' ,� � o,...... � -= ��-� - � ��- � __. ��`� ; � _ . . � � .. � nm.d oa«�av.�. �� e �� 1�= +��f�� .d�., �� - �li� �� -=� �� '. �� L��f�� r� �Y_� � ,� - _ ��'�� ..r�� ' M,.��.. ^ � - - _ . � -==E � � � , � � �� : �� y� k� k;'�� e�P � P �L1 a �F�]F �f r�;�� _ ��j� �-� _ i ' ,k��1 , ; � �, � , �7�77� ',� �� [Iillillll]L �V��N�f � I �ui i1li��,'\�,�" � ._� �C I�.I l_,_,il,��L�I� I ; ��"'��}L��__J `� i ; � I�� I ,,.....» � � �, /�II� �'►r " ��{,3�A M�.� �� I. FI ;, ��! � , � � � � � ��'� � -� _ ��l 1 ��r, ��- _ ; , � MIiW • � _. - , B� Land Use Catagories � '� ;_ i � .� �_-'__I� �';'� �� ` �r11��,��r �� __� MOR , «;f � � ,,,,a � ,__ '��,�� . , � HDR b �� ,��, - COMMERCIAL ��'� ':�- � MIXED USE I�I�- ,��,�� ,��„�.., M� - INDUSTRIAL I : � �, _ --- � F' �I BUSINESS PARK I � �— - � _� : �� ___ __ _�__ti - — _ INSTITUTIONAL ^ � OPEN SPACE - PRIVATE OPEN SPACE - PARK CLOSED LANDFILL RESTRICTED � City of Hopkins Zoning Map __,. _.�_.�-- , - � � j � R-1-D ��-, `� �� :�� N � ;�, _ -- �,�- E�� R-1-D R- � e �� IJ LJ INS � � R � �� R 2 R� � �� Lt7� INS R R� �� (f�(��:� � tc IN �J R-1-A r� � �� _. a�� BP � R� B o �y � � �� '.LR;3- '� � \`�_�� ,� � ,��11� � �NS �� ,� ; � ��1 _ Rd _ �� r� � � S � �� ,_, BP ZONtNG DISTRICTS ' �� R-1-A Single antl Two Family High Density � � R-1-B Single Family High Density �'�� R-1-C Single Family Medium Density �R-1-D Single Family Low Density �� R-1-E Single Family Low Densiry � � � R-2 Low Density Multiple Family Closed Landfill R tricted I I 0 R-s Med�um�ensiry M�n�pie Famay I � R-4 Medium High Density MWtiple Family �R-4 PUD R�L -R-5 Hgh Density Multiple Family -R-6 Medium Density Multiple Family rt�vUo � -&1 Limited Business _&2 Central Business -83 General Business - B-4 Neighborhood Buslness r� �Business Park �InstlWtional - 1-1 Industnal - I-2 General Industrial �Mixed Use Closed Landfll Restncted(CLR) — Planning Applications 2016- February 23,2016 07-AMD and 2016-08-RZ Comprehensive Plan Amendment and Rezoning For Land Annexed Into Hopkins From St. Louis Park Pro�osed Action: Staff recommends the following morions: • Move to ado�t Planning Commission Resolurion 2016-07 recommending the City Council �prove a Com�rehensive Plan Amendment establishing the land use designation for the pro�erties located at 8000 and 8050 Powell Road as Mixed Use. subject to a�roval of the Com�rehensive Plan Amendment by the Metro�olitan Council. • Move to ado�t Planning Coininission Resolution 2016-08. recommending the City Council �obrove an ordinance establishing the zoning for the �ro�erties at 8000 and 8050 Powell Road as Business Park. Overview This application was initiated by staff to assign future land use and zoning classifications to property annexed into Hopkins from St. Louis Park. This transaction was processed through an annexation that was approved by Hopkins,St Louis Park and the State of Minnesota Office of Administrative Hearings at the end of 2015. Subject properties are located at 8000 and 8050 ^ Powell Road and 4103 and 4101 Texas Avenue South. This memo reviews background information, the Ciry's legal authority for these applications,and the primary issues to consider for both the Comprehensive Plan amendment and rezoning. Based on the findings detailed below, staff recommends all four properries be assigned a future land use designation of Mixed Use and a zoning classification of Business Park. Primary Issues to Consider • Comprehensive Plan amendment standards • Rezoning standards Su�orting Documents • Planning and Zoning Coininission Resolurion 2016-07 • Planning and Zoning Cotru�ussion Resolurion 2016-08 • Future Land Use Map • Zoning Map Jason Lindahl,AICP Cit�� Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): � Notes: Planning Applications 2016-07-AMD and 2016-08-R'Z � Page 2 Background � The Japs Olson property at 7630 Excelsior Boulevard had the Hopkins/St Louis Park city boundary running through the lot and building. Japs Olson wanted to expand their building, and acquired 7630 Excelsior Boulevard. To facilitate this expansion,Hopkins swapped its portion of 7630 Excelsior Boulevard for the properties at 8000 and 8050 Powell Road and 4103 and 4101 Texas Avenue South. This transaction was processed through an annexation that was approved by Hopkins, St Louis Park and the State of Minnesota Office of Administrative Hearings at the end of 2015. Legal Authority. This application includes a Comprehensive Plan amendment and rezoning. Amendments to the Comprehensive Plan are considered legislative acrions,meaning that the City is formulating public policy. The City may amend the Comprehensive Plan after a public hearing before the Planning Commission and a two-thirds majority vote b�� the City Council. These applications also require notification to the surrounding communities and approval by the Metropolitan Council. Rezoning applications are considered quasi-judicial actions. In such cases,the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally,if these applications meet the City's established requirements, they must be approved. StafPs review of each application is provided below. Primary Issues To Consider—Com�rehensive Plan Amendment The City adopted the Comprehensive Plan in 2009. This document includes the I�uture Land Use Map,which details the land use designations for each property in the community. When properties are annexed into the community, they come in without a land use designation and one must be assigned to them. After reviewing the Comprehensive Plan and consulring with the �-- property owner about his future intention for the property, staff recommends assigning a future land use designation of Mixed Use. The subject property is located appro�mately one-fourth mile from the future Blake Road LRT station. The Comprehensive Plan includes the general goal to influence transportation. This goal includes an implementation strategy that efforts should be made to support the Southwest Light Rail Transit line. Assigning the Mixed Use future land use category to these parcels will set the stage for future redevelopment around the Blake Road station that will support the Southwest Light Rail line. According to the Comprehensive Plan,the Mixed Use category is intended to capture anticipated redevelopment initiatives associated with the proposed LRT stations. Each station area is likely to redevelop in a mixed-use type fashion. The densit��range for this future land use category establishes a minimum threshold of 30-plus units per acre. It is assumed the Mixed Use category will develop at 60 percent residential and 40 percent commercial. State law requires local governments to inform surrounding communities of any comprehensive plan amendments and allow a 60 days comment period. The City will distribute notice of the proposed Comprehensive Plan amendment to surrounding local governments after action by the Planning and Zoning Coininission. All comments received within the 60 days review period will be included with the formal Comprehensive Plan amendment application submitted to the Met Council after final action by the City Council. � Planning Applications 2016-07-AMD and 2016-08-RZ — Page 3 Primary Issues to Consider—Rezonin� There are four key criteria for the City to weigh when considering a rezoning request. These criteria and staff s findings for each are outlined below. As with the future land use designation, the subject properries do not have an existing zoning classification, since they were just recendy annexed into Hopkins from St. Louis Park. In this case, staff recommends zoning the subject properties as Business Park. Consistency with the Comprehensive Plan. The proposed Business Park zoning classification is consistent with the goals and policies of the Comprehensive Plan. All of the adjacent properties in Hopkins are guided as Business Park;therefore, assigning a Business Park zoning classification is consistent with the Comprehensive Plan. Compatibility with Present and Future Land Uses. The subject properties are compatible with surrounding present and future land uses. According to the owner, the subject properties include a mix of office,warehouse and outdoor storage uses. Currendy, the subject properries are surrounded by other office/warehouse uses and the Comprehensive Plan guides the adjacent properties as Business Park. Existin Conditions Address Condition 5000 Excelsior Boulevard E�cistin industrial buildin .-. 8050 Excelsior Boule�Tard Vacant lot with slight encroachment by the e�sung building to the south 4101 Texas Avenue South Vacant lot 4103 Texas Avenue South Vacant lot abuttin the west side of 8000 Powell Road Conformance with New Zoning Standards. While the subject properties generally conform to the Business Park performance standards (lot size, setbacks,building height,etc.) and permitted uses (office,warehouse), they fail to meet the district's outdoor storage limitations. Outdoor storage is prohibited with the Business Park. The existing outdoor storage is an historic use that was in place when the properties were annexed into Hopkins from St. Louis Park. As a result, staff recommends designating the e�sting outdoor storage as a legal nonconforming use that would be allowed to continue but cannot be expanded (see nonconformities secrion below). Availability of Utilities. The subject properties are connected to municipal water and sewer services as required by the Cit��. According to the annexation agreement, the waterline in Powell Road will remain under the jurisdiction of St. Louis Park. Nonconformities. According to Minnesota Statute 462.357, Subdivision 1e.,legal nonconformities generally have a statutory right to continue through repair,replacement, restoration,maintenance,or unprovement,but not through expansion. These rights run with the land and are not limited to a parricular landowner. If the benefited propert��is sold, the new owner will have the same rights as the previous owner; however,it should be noted that by statute, the City may prohibit any nonconformity that ceases for a period of more than one year. � Planning Applications 2016-07-AMD and 2016-08-RZ Page 4 Alternatives � 1. Recommend approval of the proposed Comprehensive Plan amendment/rezoning. By recommending approval, the City Council will consider a recommendation of approval. 2. Recommend denial of the proposed Comprehensive Plan amendment/rezoning. By recommending denial, the Ciry Council will consider a recommendation of denial. If the Planning Cominission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Cotnmission indicates that further information is needed, the item should be continued. �.,� � CITY OF HOPKINS ` Hennepin County, Minnesota PLANNING AND ZONING COMMISSION RESOLUTION NO: 2016-07 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE A COMPREHENSIVE PLAN AMENDMENT ESTABLISHING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT 8000 AND 8050 POWELL ROAD AND 4101 AND 4103 TEXAS AVENUE SOUTH AS MIXED USE WHEREAS, the City of Hopkins initiated an application to amend the Comprehensive Plan to establish the land use designation for the properties annexed from St. Louis Park located at 8000 and 8050 Powell Road and 4101 and 4103 Texas Avenue South as mixed use; and, WHEREAS, the subject properties are legally described as follows: 8000 Powell Road(PID: 2011721230024)—Lot 3, Block 1, Morse Industrial Subdivision; and, 8050 Powell Road (PID: 20117212300080) - N 250 FT OF S 262 5/10 FT OF W 332 5/10 FT OF E 1243 8/10 FT OF SW 1/4 OF NW '/; � and, PID: 2011721230009 - COM AT A PT IN THE W LINE OF SW 1/4 OF NW 1/4 DIS 108 8/10 FT S FROM THE SELY LINE OF C M ST P AND P R R R&W TH S TO SW COR OF SW 1/4 OF NW 1/4 TH E 426 2/10 FT TO A PT 1N THE S L1NE THEREOF DIS 885 3/10 FT W FROM SE COR THEREOF TH N 12 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE LEFT 358 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE RT 267 3/10 FT TH NELY ON A TANGENTIAL CURVE HAVING A RADNS OF 1206 94/100 FT A DIS OF 136 57/100 FT TH CONT NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 491 67/100 FT A DIS OF 375 86/100 FT TH CONT NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 607 27/100 FT A DIS OF 144 32/100 FT TO A PT 8 FT SELY FROM THE SELY LINE OF SAID R&W TH NWLY 8 FT TO A PT IN SAID R&W LINE 410 55/100 FT NELY FROM ITS INTERSEC WITH THE W LINE OF SEC TH SWLY 255 35/100 FT ALONG SAID R&W LINE TH SWLY ON A 11 DEG CURVE TO BEG; and, PID: 2011721230010 - COM AT THE INTERSECTION OF SLY L1NE OF THE R R MAIN LINE OF R&W AND W LINE OF SW 1/4 OF NW 1/4 TH NELY ALONG SAID SLY RR R&W LINE A DIS OF I55 2/10 FT TH SWLY ON AN 11 DEG CURVE TO THE LEFT TO A PT 1N THE W L1NE OF NW 1/4 A DIS 108 8/10 FT S FROM BEG TH N TO BEG. WHEREAS, the procedural history of the application is as follows: � l. That an application to amend the Comprehensive Plan was initiated by the City of Hopkins on January 20, 2016; and 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on February 23, 2016: all persons present were given an opportunity to be heard; and, � 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that an application to amend the Comprehensive Plan to establish the land use designation for the properties annexed from St. Louis Park located at 8000 and 8050 Powell Road and 4101 and 4103 Texas Avenue South as mixed use is hereby recommended for approval based on the following Findings of Fact: 1. The Comprehensive Plan amendment is consistent with the goals and implementation strategies of the Comprehensive Plan. BE IT FURTHER RESOLVED that application for amending the Comprehensive Plan is hereby recommended for approval subject to the following condition: 1. Approval of the Comprehensive Plan amendment by the Metropolitan Council. Adopted this 23`" day of February 2016. Scott Kerssen, Chair .... �.. CITY OF HOPKINS — Hennepin County, Minnesota PLANNING AND ZONING COMMISSION RESOLUTION NO: 2016-08 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE A COMPREHENSIVE PLAN AMENDMENT ESTABLISHING THE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT 8000 AND 8050 POWELL ROAD AND 4101 AND 4103 TEXAS AVENUE SOUTH AS BUSINESS PARK WHEREAS, the City of Hopkins initiated an application to rezone the properties annexed from St. Louis Park located at 8000 and 8050 Powell Road and 4101 and 4103 Texas Avenue South as mixed use; and, WHEREAS, the subject properties are legally described as follows: 8000 Powell Road (PID: 2011721230024)—Lot 3, Block 1, Morse Industrial Subdivision; and, 8050 Powell Road (PID: 20117212300080) - N 250 FT OF S 262 5/10 FT OF W 332 5/10 FT OF E 1243 8/10 FT OF SW 1/4 OF NW 1/4; ^ and, PID: 2011721230009 - COM AT A PT 1N THE W LINE OF SW 1/4 OF NW 1/4 DIS 108 8/10 FT S FROM THE SELY L1NE OF C M ST P AND P R R R&W TH S TO SW COR OF SW 1/4 OF NW 1/4 TH E 426 2/10 FT TO A PT IN THE S L1NE THEREOF DIS 885 3/10 FT W FROM SE COR THEREOF TH N 12 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE LEFT 358 5/10 FT TH DEFLECTING 90 DEG 03 MIN TO THE RT 267 3/10 FT TH NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 1206 94/100 FT A DIS OF 136 57/100 FT TH CONT NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 491 67/100 FT A DIS OF 375 86/100 FT TH CONT NELY ON A TANGENTIAL CURVE HAVING A RADIUS OF 607 27/100 FT A DIS OF 144 32/100 FT TO A PT 8 FT SELY FROM THE SELY LINE OF SAID R&W TH NWLY 8 FT TO A PT IN SAID R&W LINE 410 55/100 FT NELY FROM ITS INTERSEC WITH THE W LINE OF SEC TH SWLY 255 35/100 FT ALONG SAID R&W LINE TH SWLY ON A 11 DEG CURVE TO BEG; and, PID: 20ll721230010 - COM AT THE 1NTERSECTION OF SLY LINE OF THE R R MAIN LINE OF R&W AND W LINE OF SW 1/4 OF NW 1/4 TH NELY ALONG SAID SLY RR R&W L1NE A DIS OF 155 2/10 FT TH SWLY ON AN 11 DEG CURVE TO THE LEFT TO A PT IN THE W L1NE OF NW 1/4 A DIS 108 8/10 FT S FROM BEG TH N TO BEG. WHEREAS, the procedural history of the application is as follows: 1. That an application to rezone the subject properties was initiated by the City of Hopkins on January 20,2016; and, 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on February 23, 2016: all persons present were given an opporiunity to be heard; and � 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that an application to rezone the properties annexed from St. Louis Park located at 8000 and 8050 Powell Road and 4101 and 4103 Texas Avenue South as Business Park is hereby recommended for approval based on the following Findings of Fact: 1. The Comprehensive Plan amendment is consistent with the goals and implementation strategies of the Comprehensive Plan. BE IT FURTHER RESOLVED that application for amending the Comprehensive Plan is hereby recommended for approval subject to the following conditions: 1. Approval of the Comprehensive Plan amendment by the City of Hopkins. 2. Approval of the Comprehensive Plan amendment by the Metropolitan Council. Adopted this 23`h day of February 2016. 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