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CR 03-021 Zoning Amendment - Clubs . . . C\IY OF ~ HOPKINS January 29,2003 Council Report 03-21 ZONING AMENDMENT - CLUBS Proposed Action. Staff recommends the following motion: Amend the Zoning Ordinance to allow clubs on the first floor in the B-2 zoning district ISO feet from Mainstreet with the findings as recommended by staff and Planning Commission. At the Zoning and Planning meeting, Mr. Rudolph moved and Ms. Allen seconded a motion to recommend allowing clubs on the first floor in the B-2 zoning district with the findings as recommended by staff. The motion was approved unanimously. Overview. The Elks Lodge is requesting an amendment to allow clubs on the first floor in the B-2 zoning district. The zoning ordinance does not allow a club use on the first floor in the B-2 zoning district. Staff can only assume that this was to allow more space for retail uses in the B-2 zoning district. The Elks Lodge has been in their location for many years and has not had an adverse impact on the B-2 area. The Elks Lodge is located a block off of Mainstreet, which is a slightly different character than Mainstreet. Primary Issues to Consider. . What does the zoning ordinance require for clubs in the B-2 zoning district? . Should a club use be allowed on the first floor in the B-2 district? . What were the reasons the applicant stated for requesting a zoning amendment? . What is the sta[[recommendation? . What was the discussion at the Zoning and PlalIDing meeting? Supportinl! Documents. . Analysis of Issues '\~r Financial Impact: $ Budgeted: Related Documents (elp, ERP, etc.): Notes: YfN Source: CR03-21 Page 2 . Primary Issues to Consider. . What does the zoning ordinance require for clubs in the B-2 zoning district? The following are the ordinance requirements: The permitted uses of any land or stmcture in a B district are those uses indicated by the mark "X" and shall be further subject to those certain special limitations, requirements and regulations pertaining to those B district llses specially designated by the following marks: (1), (2) and (3). (1) means that the use is prohibited on the ground floor; (2) means that a conditional use permit is required; (3) means not more than tIrree devices allowed. B-1 B-2 B-3 29. Clubs (private, non- profit) (1 )XC (2)XC C) Clubs (private, non-profit) provided: . 1. When located in a B-1 business district said building shall be 20 feet or more from all R residential districts, shall have a screening fence of acceptable design between parking and R residential district, building shall not exceed 5,000 square feet; 2. When located in a B-3 business district said property shall have a IS-foot minimum front yard and, if abutting a side street, a 10-feet minimum yard and all yards shall be landscaped. . Should a club use be allowed on the first floor in the B-2 district? The B-2 zoning district is the downtown zoning. Apparently it was determined that a club use on the first floor was not an acceptable use for the downtown area. The existing Elks Lodge was either already existent at the time this ordinance was enacted or, because the building is a split entry, was not considered a first floor. The City Council has discretion to allow a club use on the first floor. . What were the reasons the applicant stated for requesting a zoning amendment? The applicant stated that there is a need for this type of service in Hopkins. . What is the staff recommendation? . Staff would recommend approval of the zoning amendment to allow clubs on the first floor of buildings off of Mainstreet at a distance of at least 150 feet. Staff would recommend the . CR03-21 Page 3 following language be added to the conditional use section of the club conditional use pemlit reg llirements: 3. When located in a B-2 district, clubs are permitted on the first floor at a site located at least 150 feet from Mainstreet. . What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed zoning amendment. Jeff Holle and Mark Olson, representing the Elks Lodge, appeared before the Commission. The Commission discussed amending the zoning ordinance. No one appeared at the public hearing regarding this item. The Commission recommended approval of the zoning amendment with the following finding of fact: 1. That the existing location has not had an adverse impact on the downtown area. Altern atives. . 1. Approve the zoning amendment to allow clubs on the first floor in the B-2 zoning district. By approving the zoning amendment to allow clubs on the first floor in the B-2 zoning district, the Elks Lodge will be able to construct the building as proposed. 2. Deny the zoning amendment to allow clubs on the first floor in the B-2 zoning district. By denying the zoning amendment, the Elks Lodge will not be able to construct their new building as proposed. If the City Council considers this alternative, findings wi 11 have to be identified that support this alternative. 3. Continue for further infonnatiol1. If the City Council indicates that further information is needed, the item should be continued. .