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10-28-2014 (2) OCTOBER NOVEMBER MEMBERS _ S M T W T F S S M T W T F S ��ICNEIL �/�iUNKE ' 1 2 3 4 1 FISHER ��AIT 5 6 7 8 9 10 11 2 3 4 5 6 7 8 ,IALLARD �/FIRTH 12 13 15 15 16 17 18 9 10 11 12 13 14 15 ,�CERSSEN ti�ANDERSON 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 AGENDA ZONING & PLANNING COMMISSION Tuesday, October 28, 2014 REGULAR MEETING 6:30 P.M. COUNCIL CHAMBERS ----------------------------------------------------- � ITEM: Approve and sign minutes of the September 30, 2014, regular meeting. COMMISSION ACTION: ���� � ,� �Uv c r" / / / / CASE NO. ZN14-7 ZONING AMENDMENT - LIQUOR STORE SIZE Public Hearing COMMISSION ACTION: c.�l� ��� -�nv c�� / / / / ADJOURNMENT � �� i� i� , , � ZONING AND PLANNING COMMISSION MINUTES September 30, 2014 A regular meeting of the Hopkins Zoning and Planning Commission was held on Tuesday, September 30, 2014, at 6:30 p.m. in the Council Chambers of Hopkins City Hall. Present were Commission Members Brian Hunke, Scott Kerssen, Matt McNeil, Mike Tait, Andrew Fisher, and Charles Firth. Jennifer Allard was absent. Also present was staff inember Nancy Anderson. CALL TO ORDER Mr. Kerssen called the meeting to order at 6:30 p.m. in the Council Chambers. APPROVAL OF MINUTES Mr. Fisher moved and Mr. McNeil seconded the motion to approve the minutes of the August 26, 2014, regular meeting. The motion was approved unanimously. ITEM: CUP14-2 CONDITIONAL USE PERMIT FOR DRIVE-THROUGH AT 1728 -- MAINSTREET Ms. Anderson reviewed the proposed Marco's pizza restaurant. Mark Yoo, the applicant, appeared before the Commission. Mr. Yoo reviewed the plans to renovate the building with the Commission. The public hearing was opened at 6:43 p.m. No one appeared at the public hearing. Mr. Firth moved and Mr. Fisher seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:44 p.m. Mr. McNeil moved and Mr. Firth seconded a motion to adopt Resolution RZ14-11, recommending approval of a conditional use permit to operate a drive-through at 1728 Mainstreet. The motion was approved unanimously. ITEM: SPR14-2 SITE PLAN APPROVAL AT 1728 MAINSTREET Ms. Anderson reviewed the plans with the Commission. Mark Yoo, the applicant, appeared before the Commission. Mr. Yoo stated that they have opened 87 Marco's pizzas in the last 20 months. Mr. Yoo also discussed the renovations to the building. The public hearing was opened at 6:46 p.m. No one appeared at the public hearing. Mr. McNeil � moved and Mr. Hunke seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 6:47 p.m. r � . MINUTES OF THE ZONING AND PLANNING MEETING, September 30, 2014 Page 2 Mr. McNeil moved and Mr. Hunke seconded a motion to adopt Resolution RZ14-13, recommending approval of a site plan at 1728 Mainstreet. The motion was approved � unanimously. ITEM: ZONING AMENDMENT—LIQUOR STORES Ms. Anderson reviewed the reasons for the proposed amendment and the options. Some of the items discussed are as follows: whether MGM would have a competitive advantage if the size was grandfathered; should we be limiting businesses; and, the small size of our city. The Cominission came to a consensus that staff would draft an ordinance that would limit the size of liquor stores in the B-2 and B-3 zoning districts to 10,000 square feet. ITEM: ZN14-5 COMPREHENSIVE PLAN AMENDMENT—FORMER LANDFILL Ms. Anderson reviewed the proposed amendment and why we are required to amend the Comprehensive Plan. The public hearing was opened at 7:03 p.m. Pat Butler appeared at the public hearing. Ms. Anderson stated that the amending of the Comprehensive Plan will not change the use of the landfill. Mr. Fisher moved and Mr. Firth seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 7:06 p.m. Mr. Tait moved and Mr. McNeil seconded a motion to adopt Resolution RZ14-9, recommending approval of a Comprehensive Plan amendment for the former landfill. The � motion was approved unanimously. ITEM: ZN14-6 REZONING LANDFILL Ms. Anderson reviewed the rezoning with the Commission. The public hearing was opened at 7:07 p.m. No one appeared at the public hearing. Mr. Firth moved and Mr. Hunke seconded a motion to close the public hearing. The motion was approved unanimously. The public hearing was closed at 7:08 p.m. Mr. McNeil moved and Mr. Tait seconded a motion to adopt Resolution RZ14-10, recommending approval of a rezoning of the former landfill. The motion was approved unanimously. ADJOURN Mr. Tait moved and Mr. Fisher seconded a motion to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:10 p.m. � 1 MINUTES OF THE ZONING AND PLANNING MEETING, September 30, 2014 --� Page 3 MEMBERS ATTEST: Scott Kerssen, Chair � � � October 20, 2014 � Planning Report ZN 14-7 ZONING ORDINANCE AMENDMENT—LIQUOR STORE SIZE Proposed Action Staff recommends the following motion: Move to adopt Resolution RZ14-14, recommendin� approval of Ordinance 14-1083, amending the zonin� ordinance regulatin� the size of liquor stores in the B-2 and B-3 zonin� districts to a inaximum of 10.000 square feet. Overview Earlier this year the Commission revie���ed an ordinance amendment regarding limiting the size of liquor stores to 5000 square feet. The Commission recommended approval and forwarded the ordinance to the City Council. The City Council approved the first reading. Between the first and second reading, the attached letter was received from MGM. After receiving the letter from MGM, the City Council, at their September 2 meeting, referred �.,, the issue back to the Commission for review. The oi�ly liquor store in the City over 5000 square feet is MGM. At the September Zoning and Planning meeting, the Commission asked staff to draft an ordinance allowing liquor stores to have a maximum size of 10,000 square feet in the B-2 and B-3 zoning districts. Primary Issue to Consider • What will the proposed ordinance regulate? Supportin�Documents • Analysis of Issues • Resolution RZ14-14 • Ordinance 14-1083 • Letter from MGM �� rnc �iD���1 Nanc . Anderson, AICP City P mler � Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: ZN14-7 '� Page 2 Primarv Issue to Consider • What will the proposed ordinance regulate? The proposed ordinance will allow a maximum square footage of 10,000 square feet for liquor stores in the B-2 and B-3 zoning districts. The existing ordinance does not regulate the size for liquor stores. Alternatives 1. Recommend approval of the proposed 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. Recommend denial of the amendments to the zoning ordinance. By recoiYunending denial of the amendments to the zoning ordinance, the City Council will consider a recommendation of denial. If the Planning Cotninission considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the Planning Comrriission indicates that further /" infornlation is needed, the itein should be continued. � CITY OF HOPHINS HENNEPIN COUNTY, MINNESOTA � RESOLUTION NO: RZ14-14 RESOLUTION MAHING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF ZONING AMENDMENTS WHEREAS, an application for Zoning Amendment ZN14-7 has been initiated by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: I 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 October 28, 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- 7 is hereby recommended for approval based on the following Findings of Fact: 1. That the City Council has indicated a desire to limit the size of liquor stores. 2. The Zoning and Planning Commission discussed the size of liquor stores and came to a consensus that they would recommend a maximum size of 10,000 square feet. 3. That the Zoning and Planning Commission reviewed the proposed ordinance. Adopted this 2gti' day of October 2014. Scott Kerssen, Chair � -- CITY OF HOPHINS Hennepin County, Minnesota ORDINANCE NO. 2014-1083 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 535 be, and the same is hereby amended by adding the following underlined language, which reads as follows: B-2 B-3 535.01 Subd. 3. 67. Liquors X� X� (6)means that the use is limited to 10 000 square feet per business First Reading: November 5, 2014 Second Reading: November 18, 2014 Date of Publication: November 27, 2014 r Date Ordinance Takes Effect: November 27, 2014 Eugene J. Maxwell, Mayor ATTEST: Amy Domeier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date � � � ♦ ♦ � CORPORATION � F.T.L. Corporation d.b.a. MGM Wine & Spirits 495 17th Ave N Hopkins, Mn 55343 July 21, 2014 Mayor and City Council 1010 First Street South Hopkins, MN 55343 Dear Honorable Mayor and City Council, �.- This letter is in reference to Ordinance 2014-1070 effecting off-sale liquor stores. The premise of the ordinance is to control the number and size of operations selling alcoholic beverages in the community of Hopkins. While the ordinance appears to have "grandfather" clauses that would prevent damage to existing operators, it seems that a significant factor is not clear. The effect of this ordinance, particularly upon our operation could be devastating and in all likelihood destroy any value the business currently enjoys. Due to the proposed inability to relocate the operation within the City of Hopkins and maintain its relative size, the only option would be to remain at the current location. This basically tells any landlord that they have a captive business and can therefore charge rent to the extent the business is able to pay regardless of market values. Being held captive by a property owner not only limits the business but would ultimately destroy its profitability. Conversely, moving the store due to an unreasonable landlord, and yet not being allowed to maintain the current methods of operation, again, will effectively damage the value of the business. � 1580-1 Woodlane Drive Woodbury, MN 55125 (651) 730-0377 (651) 730-0595 FAX While we have enjoyed our current location since 1982 (32 years) and do not have any intent to relocate, the long term ramifications of this ordinance could ultimately be devastating. The end result of the devaluing of our business in this manner is, essentially, taking away our ability to conduct business as usual. I do not believe this is the intent of the council however this letter is effectively asking for clarification. A provision that allows all existing licenses including new ownership to operate at "or below" the current size of the package store would be something that could make a difference. I mention new ownership since if a store is ultimately sold the new owner must enjoy the value that the operation has developed in order to give it any value at all. It would seem that true grandfathering including the right to relocate, sell and thereby maintain the value of the business currently in existence is not an unreasonable request. Limiting the number of licenses and limiting the size to existing operations would seem to be an effective method for controlling the sales and availability in our Hopkins community. I understand that an initial hearing has occurred and respectfully request ^ clarification regarding these matters prior to the next reading so that we may be prepared with any necessary actions or attendance. Thank you, Jack Lanners President ilannersC�skvpoint.com —1 1580-1 Woodlane Drive Woodbury, MN 55125 (651) 730-0377 (651) 730-0595 FAX