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05-27-2014 (2) MAY JUNE MEMBERS S M T W T F S S M T W T F S ��NAEF ,JKUZNIA ^ 1 2 3 1 2 3 4 5 6 7 FISHER DATTA 4 5 6 7 8 9 10 8 9 10 11 12 13 14 LLARD JFIRTH 11 12 13 14 15 16 17 15 16 17 18 19 20 21 .�KERSSEN . ANDERSON 18 19 20 21 22 23 24 22 23 24 25 26 24 28 � 25 26 27 28 29 30 31 29 30 AGENDA ZONING & PLANNING COMMISSION Tuesday, May 27, 2014 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- '� ITEM: Approve and sign minutes of the April 29, 2014, regular meeting. COMMISSION ACTION: / / / / CASE NO. ZN14-1 ORDINANCE AMENDMENTS Public Public hearing to consider amendments to ordinances regarding liquor stores Hearing in the B-2 and B-3 zoning districts, consolidation of lots and day care centers COMMISSION ACTION: / / / / ELECTION OF OFFICERS ADJOURNMENT � UNOFFICIAL ^ ZONING AND PLANNING COMMISSION MINUTES Apri129, 2014 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, April 29, 2014, at 6:30 p.in. in the Council Chambers of Hopkins City Hall. Present were Commission Members Charles Firth, Andrea Naef, Scott Kerssen, Aaron Kuznia, Doug Datta, Andrew Fisher and Jerulifer Allard. Also present was staff inember Nancy Anderson. CALL TO ORDER Mr. Kuznia called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Mr. Firth moved and Ms. Naef seconded the motion to approve the minutes of the November 26, 2013, regular meeting. The inotion was approved unanimously. ITEM: THRIVE MSP 2040 � Ms. Anderson and the Commission reviewed the Metropolitan Council's vision for the region, Thrive MSP 2040. ADJOURN Mr. Kerssen moved and Mr. Firth seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:05 p.m. MEMBERS '� ATTEST: Aaron Kuznia, Chair May 20, 2014 � Planning Report ZN14-1 ZONING ORDINANCE AMENDMENTS Proposed Action Staff recominends the following motion: Move to adopt Resolution RZ14-1, recomrriendin� approval of Ordinances 14-1069 and 14-1070 amendinQ various sections of the zonin� ordinance. Overview At various tiines the staff assetnbles sections of the zoning ordinance that need to be updated. These amendments are to correct inconsistencies or probleins the staff has identified or just to update the ordinance. The attached amendments address consolidation of lots, limiting liquor stores to 5000 square feet and the state statute nuinber regulating day cares. The consolidation of lots has been an issue in the past. There have been several tear downs of homes built on the lot line straddling the middle of the lots. The only solution was to replat the � lots into one, which was an expensive and timely procedure. With the attached ordinance, the combining of lots will be an administrative procedure. Primarv Issues to Consider • What are the proposed amendments? • What is the staff recotninendation? Supportin�Documents • Analysis of Issues • Resolution RZ14-1 • Ordinance 14-1069 • Ordinance 14-1070 `� � . � Nancy "�. Anderson, AICP City Pl er Financial Impact: $ N/A Budgeted: Y/N Source: � Related Documents (CIP, ERP, etc.): Notes: ZN 14-1 Page 2 � � Primarv Issues to Consider • What are the proposed amendments? That the Hopkins Zoning Ordinance Nos. 500 and 515 be, and the same are hereby amended by adding the following underlined language and deleting the following �l� language, which reads as follows: Section 500.61 Waiver of Plat. Subdivision. 1. Division. In certain circumstances a waiver of plat�e ma•�more appropriate than a subdivision to divide a property. An applicant may apply for a waiver of plat if the following circumstances exit: a) The division request is a substantially single line b) �The division will not create more than one additional lot c) � The division will not require the dedication of public right-of-way or extension of utilities in a public right-of-way Subdivision 2. Consolidation. In certain circumstances a waiver of plat mav be more ^ appropriate than a subdivision to consolidate two lots into one lot, provided the resulting lot conforms to all applicable zonin�ordinance requirements. Subd. �3. Application. All applications for a �� waiver of plat must include a I survey of the property to be divided or consolidated and the new legal �� description(s) of the property after the division or consolidation. This survey will also include locating all existing utilities on the property. The owner of the property must grant easeinents for the utilities if needed. The application must also include evidence of title to the propertv to be divided or consolidated in a form acceptable to the City Attorne� Subd. �. 4. Action by the Commission. Application for a waiver of plat for a division under Section 500.61 Subd. 1 shall be referred by the planning department to the Zoning & Planning Commission, which shall hear the applicant or representative thereof at its next regular meeting, provided all necessary data have been submitted. The Commission shall recommend s�conditions relating to the granting of the waiver as it deems necessary�e--se-�s to carry out the intent and purpose of this code and the standards in Subd 1 or�recommend denial of the request. The Commission's recommendation shall be forwarded to the City Council. Subd. 5. Action by the Zonin� Administrator. An application for a waiver under Section 500.61 Subd. 2 for the consolidation of lots shall be subject to administrative review and approval by the Zoninp� Adininistrator. The Zoning Administrator may impose conditions " on the approval. ZN14-1 Page 3 Subd. 4. 6. Filing. Applications for a waiver of plat shall be filed with the Zoning Administrator with such filing fee as may be from tiine to tiine established by resolution of the � City Council. Subd. 7. The A�plicant shall record a lot division or consolidation with the Hennepin County Recorder or Registrar of Titles within 30 davs of approval. In the case of a lot division, the Citv Council's certified resolution shall be recorded. In a lot consolidation, the Zoning Administrator shall provide the applicant with written certification of the Cit�pproval of the I consolidation which shall then be recorded. I These ordinance ainendments will allow consolidation of lots with staff approval. 515.07, Subd. 61. Dav care facility: a licensed facility in which care is provided for one or more children as defined and regulated per M.S.A.245 ��- MN statute 245.A781 has been repealed and replaced by 245. B-2 B-3 535.01 Subd. 3. 67. Liquors X�4,� X� This will limit the size of liquor stores to less than 5000 square feet. What is the staff recommendation? Staff recommends approval of the proposed amendments to the ordinances. � Alternatives. 1. Recominend approval of the proposed amendinents to the zoning ordinance. By recommending approval of the amendments to the zoning ordinance, the City Council will consider a recommendation of approval. 2. Recommend denial of the amendments to the zoning ordinance. By recommending denial of the amendments to the zoning ordinance, the City 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 information. If the Planning Commission indicates that further information is needed, the item should be continued. � -- CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ14-1 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS WHEREAS, an application for Zoning Amendment ZN14-1 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 Commission published notice, held a public hearing on the application and reviewed such application on May 27, 2014: 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 ZN14-1 is hereby recommended for approval based on the following Findings of Fact: l. That the City Council desires to limit the size of liquor stores. 2. That the proposed ordinance will allow staff reviews for consolidation of lots. 3. That that state statute number for day care has changed. 4. That the Zoning and Planning Commission reviewed the proposed ordinance. Adopted this 27th day of May 2014. � Aaron Kuznia, Chair CITY OF HOPHINS Hennepin County,Minnesota ORDINAN�CE NO. 2014-1069 �-- THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS - FOLLOWS: That the Hopkins Zoning Ordinance No. 500 and 515 be, are the same and is hereby amended by adding the following underlined language and deleting the following s�lc��language,which reads as follows: Section 500.61 Waiver of Plat. Subdivision. 1. Division. In certain circumstances a waiver of plat� may be more appropriate than a subdivision to divide a property. An applicant may apply for a waiver of plat if the following circumstances exit: a) The division request is a substantially single line b) �The division will not create more than one additional lot c) � The division will not require the dedication of public right-of-way or extension of utilities in a public right-of-way Subdivision 2. Consolidation. In certain circumstances a waiver of plat may be more appropriate than a subdivision to consolidate two lots into one lot, provided the resulting lot conforms to all applicable zoning ordinance requirements. � Subd. �3. Application. All applications for a��waiver of plat must include � a survey of the property to be divided or consolidated and the new legal ��� description(s) of the property after the division or consolidation. This survey will also include locating all existing utilities on the property. The owner of the property must grant easements for the utilities if needed. The application must also include evidence of title to the propertv to be divided or consolidated in a form acceptable to the City Attorney. Subd. �. 4. Action by the Commission. Application for a waiver of plat for a division under Section 500.61 Subd. 1 shall be referred by the planning department to the Zoning & Planning Commission, which shall hear the applicant or representative thereof at its next regular meeting, provided all necessary data have been submitted. The Commission shall recommend � conditions relating to the granting of the waiver as it deems necessary �� to carry out the intent and purpose of this code and the standards in Subd 1 or s�a� recominend denial of the request. The Commission's recommendation shall be forwarded to the City Council. Subd. 5. Action by the Zonin� Administrator. An application for a waiver under Section 500.61 Subd. 2 for the consolidation of lots shall be subject to administrative review and approval by the Zoning Administrator. The Zonin� Administrator may impose conditions on the approval. � Subd. 4. 6. Filing. Applications for a waiver of plat shall be filed with the Zoning Administrator with such filing fee as may be from time to time established by resolution � of the City Council. Subd. 7. The Applicant shall record a lot division or consolidation with the Henne�n Countv Recorder or Registrar of Titles within 30 da�pproval. In the case of a lot division, the City Council's certified resolution shall be recorded. In a lot consolidation; the Zoning Administrator shall provide the applicant with written � certification of the City's approval of the consolidation which shall then be recorded. 515.07, Subd. 61. Dav care facilitv: a licensed facility in which care is provided for one or more children as defined and regulated per M.S.A.245 ��S-� First Reading: June 3, 2014 Second Reading: June 17, 2014 Date of Publication: June 26, 2014 Date Ordinance Takes Effect: June 26, 2014 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date ,�-�, CITY OF HOPHINS Hennepin County, Minnesota ORDINANCE NO. 2014-1070 �-- THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 535 be, and the same and is hereby amended by adding the following underlined language, which reads as follows: B-2 B-3 535.01 Subd. 3. 67. Liquors X�4,� X� First Reading: June 3, 2014 Second Reading: June 17, 2014 Date of Publication: June 26, 2014 Date Ordinance Takes Effect: June 26, 2014 � Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date �