11-25-2014 (2) NOVEMBER DECEMBER MEMBERS
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9 10 11 12 13 14 15 14 15 16 17 18 19 20 �RSSEN ✓A NDERSON
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AGENDA
ZONING & PLANNING COMMISSION
Tuesday, November 25, 2014
REGULAR MEETING 6:30 P.M.
COUNCIL CHAMBERS
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� ITEM: Approve and sign minutes of the October 28, 2014, regular meeting.
COMMISSION ACTION: / / / /
CASE NO.
ZN14-8 ORDINANCE AMENDMENTS
Public Public hearing to consider amending the Zoning Ordinance to permit
Hearing vaping studios in the B-2 zoning district and a definition of a pipe-tobacco
shop and vaping studio
COMMISSION ACTION: / / / /
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ADJOURNMENT
UNOFFICIAL
� ZONING AND PLANNING COMMISSION MINUTES
October 28, 2014
A regular meeting of the Hopkins Zoning and Planning Cominission was held on Tuesday,
October 28, 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,
Charles Firth and Jennifer Allard. Andrew Fisher 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. McNeil inoved and Mr. Tait seconded the motion to approve the minutes of the
September 30,2014, regular meeting. The motion was approved unanimously.
ITEM: ZONING AMENDMENT - LIQUOR STORE SIZE
^ Ms. Anderson reviewed the proposed amendment with the Commission. Ms. Anderson stated
that this was the language the Commission proposed in September.
The public hearing was opened at 6:35 p.m. No one appeared at the public hearing. Ms. Allard
moved and Mr. Firth seconded a motion to close the public hearing. The motion was approved
unanimously. The public hearing was closed at 6:36 p.m.
Mr. McNeil moved and Mr. Hunke seconded a motion to adopt Resolution RZ14-14,
recommending approval of a zoning amendment for a maximum size of liquor stores of
10,0000 square feet. The motion was approved on a 4-1 vote. Mr. Tait voted nay and Ms.
Allard abstained.
ADJOURN
Mr. Firth moved and Mr. McNeil seconded a motion to adjourn the meeting. The motion was
approved unanimously. The meeting was adjourned at 6:38 p.m.
MEMBERS
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ATTEST:
Scott Kerssen, Chair
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November 17, 2014 � Planning Report ZN14-8
ZONING ORDINANCE AMENDMENT—VAPING ESTABLISHMENTS
Pronosed Action
Staff recommends the following motion: Move to adopt Resolution RZ14-15, recommendin�
approval of Ordinance 14-1083, amending the zoning ordinance pennittin� vapin� studios in
the B-2 zonin� district and a definition of a vapin� studio and tobacco shop.
Overview
Every few years there is a new use. Vaping establishments are a new use where E-Cigarettes
are sold, individuals use E-Cigarettes and try various flavors or just come in and smoke E-
Cigarettes. The City Council is allowing one license for a vaping studio within the City. The
Zoning Ordinance currently allows a tobacco shop within the B-2 zoning district so the logical
next step is to allow a vaping establishment in the B-2 district.
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This ordinance does not change other businesses selling E-Cigarettes as an accessory use, such
as a gas station.
Primarv Issues to Consider
• Should vaping studios be allowed in the B-2 district?
• What are the amendments to the zoning ordinance?
Supporting Documents
• Analysis of Issues
• Resolution RZ14-15
• Ordinance 14-1083
6 C�,����
Nancy Anderson, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
"� Related Documents (CIP, ERP, etc.):
Notes:
ZN 14-8
Page 2
Primarv Issues to Consider �
• Should vaping studios be allowed in the B-2 district?
Currently the zoning ordinance permits a pipe-tobacco shop in the B-2 zoning district. It would
be logical to keep the vaping establishment in the B-2 zoning district. The B-2 zoning district
is the downtown area. There are also restrictions on where a pipe-tobacco shop can go in
relation to schools, etc.; these would also apply to vaping establishments.
• What are the amendments to the zoning ordinance?
515.07. Subd. 215. Tobacco Shop/Store: a retail establislunent operated for the primary
purpose of inerchandising and selling tobacco, tobacco products, or tobacco-related devices, as
those terms are defined in Section 1155.
515.07. Subd. 226. Vaping Establishment: A retail establishment operated for the primary
�urpose of inerchandisin ,� sellin ,g samplin�, and vaping of E-Ci�arettes, as those terms are
defined in Section 1155.
535.01 S-8. 112. gi}�e---Tobacco Shop/Store
B-2 �.-
535.01 116. Vaping Establishment 5 X
There are new definitions for a tobacco shop and vaping establishment
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 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.
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� CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO: RZ14-15
RESOLUTION MAKING FINDINGS OF FACT AND
RECOMMENDING APPROVAL OF ZONING AMENDMENTS
WHEREAS, an application for Zoning Amendment ZN14-8 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 November 25,
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-
8 is hereby recommended for approval based on the following Findings of Fact:
1. That the City Council will issue one vaping studio license.
2. That the vaping studio will be permitted in the B-2 zoning district.
3. That the Zoning and Planning Commission reviewed the proposed
ordinance.
Adopted this 25`b day of November 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. 515 and 535 be, and the same and is '
hereby amended by adding the following underlined language, which reads as follows:
515.07. Subd. 215. Tobacco Shop/Store: a retail establishment operated for the primary
purpose of inerchandising and sellin� tobacco, tobacco products, or tobacco-related
devices, as those terms are defined in Section 1155.
515.07. Subd. 226. Vapin� Establishment: A retail establishment operated for the
primarv purpose of inerchandisin�, selling, sampling, and vaping of E-Cigarettes, as
those terms are defined in Section 1155.
535.01 �. 112. �Tobacco Shop/Store ,
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B-2 �'i
535.01 116. Vaping Establishment 5 X �
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Other uses listed in Section 515 and 535 are to be renumbered accordingly. ;
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First Reading: December 2, 2014 '
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Second Reading: December 16, 2014 '
Date of Publication: December 25, 2014
Date Ordinance Takes Effect: December 25, 2014 i
Eugene J. Maxwell, Mayor
ATTEST: �
Amy Domeier, City Clerk �'
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APPROVED AS TO FORM AND LEGALITY: �
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City Attorney Signature Date ,
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