V. 3. Planning Application 2019-03-RZ Downtown Overlay District Rezoning
February 26, 2019 Planning Application 2019-03-RZ
Downtown Overlay District Rezoning
Proposed Action: Staff recommends the Planning & Zoning Commission approve the
following motions:
• Move to adopt Planning & Zoning Resolution 2019-04, recommending the City Council
approve rezoning all properties within the Downtown Overlay District currently zoned B-3,
General Commercial District to B-2, Central Business District.
Overview
The applicant, the City of Hopkins, requests rezoning of selected properties within the
Downtown Overlay District. In reviewing the zoning standards for auto related uses (Planning
Application 2018-03-TA), staff discovered inconsistent zoning classifications within the
Downtown Overlay district. To resolve these inconsistencies, staff recommends rezoning all
properties within the Downtown Overlay District currently zoned B-3, General Commercial to
B-2, Central Business District. These properties are generally located on either side of
Mainstreet between 6th and 8th Avenues and between 11th and 13th Avenues (see attached maps).
Based on the findings detailed below, staff recommends approval of this request.
Primary Issues to Consider
• Background
• Public Engagement
• Rezoning Review
• Potential Non-conformities
Supporting Documents
• Planning & Zoning Commission Resolution 2019-04
• Comment Letter
• Zoning Map
• B-2, Central Business & B-3, General Business Use Comparison
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
Planning Application 2019-03-RZ
Page 2
Background.
The Downtown Overlay District was established in 2003 with boundaries from the south side of
First Street North to the north side of First Street South and the west side of 6th Avenue to the
east side of 13th Avenue (see attached map). The District was created to serve the following
goals:
• Preserve the hometown, unique character of Mainstreet Hopkins.
• Complement the existing historic architecture.
• Enhance the pedestrian orientation of downtown Hopkins and encourage streetscape design
that is inviting and on a human scale.
• Communicate the community’s vision for the Mainstreet area.
In reviewing the zoning standards for auto related uses (Planning Application 2018-03-TA), staff
discovered inconsistencies between the goals of the overlay district and the underlying zoning
classifications. The B-2, Central Business District has uses and development standards that are
generally consistent with the Downtown Overlay District while the B-3, General Business
District has uses and development standards more consistent with a contemporary suburban
development pattern. To resolve this inconsistency, staff recommends rezoning all properties
within the Downtown Overlay District currently zoned B-3, General Commercial to B-2,
Central Business District.
Public Engagement
State law requires cities to hold a public hearing to review all rezoning application. Notice of the
public hearing must be mailed to all property owners within 350’ of the subject properties. In
response to this notice, the City received 5 comments before the Planning & Zoning
Commission meeting (2 e-mails and 3 phone calls). All of these comments were supportive of
the proposed rezoning and are summarized below.
• Eric Johnson – Owner of 6 – 6th Avenue North (House of Dance). Supports proposed
rezoning.
• Marlow Rimbauer – Resident of City Gables Condomiums. Supports proposed rezoning.
• Roz Peterson – Owner of commercial space in Marketplace Lofts. Supports proposed
rezoning.
• Russ Thompson – Member of the Home Owners Association for Marketplace Lofts.
Supports proposed rezoning.
• Bill Beard – Owner of Hopkins Entertainment Center (between 10th and 11th Avenues along
Mainstreet). Supports proposed rezoning conditioned on adding certain uses as permitted in
the B-2 district including: Medical Supplies, Pet Grooming, Restaurant – Carry-Out &
Delivery, and Restaurant – Fast Food. Staff is supportive of these recommended changes
with the exception of Restaurant – Fast Food.
Rezoning.
Rezoning applications are consider a legislative action. When considering legislative actions, the
City is advancing health, safety, and welfare by making rules that apply throughout the entire
community. When acting legislatively, the City has broad discretion and will be afforded
considerable deference by any reviewing court.
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. Based on these findings, staff
Planning Application 2019-03-RZ
Page 3
recommends rezoning the subject properties from B-3, General Business to B-2, Central
Business.
Consistency with the Comprehensive Plan. Rezoning the subject properties from B-3,
General Business to B-2, Central Business is consistent with both the 2030 Comprehensive Plan
and the Draft 2040 Comprehensive Plan – Cultivate Hopkins. The Future Land Use Map in the
2030 Comprehensive Plan guides the subject properties as C – Commercial with the exception
of the Hopkins Center for the Arts (guided I - Institutional) and the Marketplace Lofts building
(guided HDR – High Density Residential). All of these properties are currently zoned
commercial and include commercial activities. Rezoning them from B-3, General Business to B-
2, Central Business would be more consistent with the 2030 Comprehensive Plan the current use
of the properties.
By comparison, the Draft 2040 Comprehensive Plan – Cultivate Hopkins Future Land Use Map
guides the subject properties as Downtown Center. This district is intended to serve as the
central economic, social and civic district for Hopkins and the region. This area is intended to
absorb a significant amount of anticipated future growth. Maintaining Hopkins’ unique identity
and sense of place must be a central consideration when planning for future growth. Rezoning
the subject properties from B-3, General Business to B-2, Central Business would be more
consistent with the City’s long-range plans as outlined in the Draft 2040 Cultivate Hopkins
Comprehensive Plan.
Compatibility with Present and Future Land Uses. Rezoning the subject properties from B-
3, General Business to B-2, Central Business is consistent with surrounding present and future
land uses. These uses are detailed in the tables below.
Land Use Analysis for Properties Between 6th & 8th Avenues
Location Existing Future Status
North Regional Trail &
Single Family Residential
2030 – Commercial
2040 - DTWN Activity Center Conforming
South Single & Multifamily Residential 2030 – Commercial
2040 - DTWN Activity Center Conforming
East Commercial and Vacant 2030 – Commercial
2040 - DTWN Activity Center Conforming
West Mixed Use Commercial 2030 – Commercial
2040 - DTWN Activity Center Conforming
These tables detail the existing and planned land uses around the two areas within the
Downtown Overlay District proposed to be rezoned from B-3, General Commercial to B-2,
Central Business. Both locations are surrounded by a assortment of residential, commercial,
institutional and mixed use activities. The 2030 Comprehensive Plans for a generalized
commercial land use while the Draft 2040 Comprehensive Plan envisions mixed-use
development pattern more consistent with both the historical development pattern along
Mainstreet and the City’s vision for the future.
Land Use Analysis for Properties Between 11th & 13th Avenues
Location Existing Future Status
North Single & Multifamily Residential 2030 – Commercial
2040 - DTWN Activity Center Conforming
South Multifamily Residential 2030 – Commercial Conforming
Planning Application 2019-03-RZ
Page 4
2040 - DTWN Activity Center
East Mixed Use Commercial 2030 – Commercial
2040 - DTWN Activity Center Conforming
West Church & Multifamily Residential 2030 – Commercial
2040 - DTWN Activity Center Conforming
Availability of Utilities. The subject properties are connected to municipal water, sewer and
infrastructure facilities capable of supporting development under the B-2, Central Business
District zoning classification.
Conformance with New Zoning Standards. The existing uses and development pattern of
the subject properties would be more consistent with the proposed B-2, Central Business
District than the current B-3, General Business District zoning. The B-3, General Business
District has uses and development standards more consistent with a contemporary suburban
development pattern (see attached Use Comparison table). The most notable zoning change for
property owners rezoned to B-2, Central Business will be the elimination of auto related uses
like auto sales, auto repair and car washes and the removal of the requirement for off-street
parking.
Of the properties proposed to be rezoned to B-2, only one (the former Firestone at 1201
Mainstreet) was historically used as an auto related use. This property is in need of significant
repair, has outstanding code violations from the Building Inspections Department and has been
vacant for over a year. This property is also under a purchase agreement and the potential buyer
has indicated their support for the proposed rezoning.
Staff finds that the elimination of the off-street parking requirements should not significantly
effect the subject properties. The existing development pattern within the proposed rezoning
area is more like the B-2 district with sites that have historically operated with little or no off-
street parking. Newer development like Marketplace and Main or Marketplace Lofts have
included their own surface and/or underground parking. In addition, the City’s existing district
parking facilities within the Downtown can help accommodate off-street parking needs.
Potential Non-conformities
As with any rezoning, this change has the potential to create non-conformities. As mentioned
above, the existing development pattern within the proposed rezoning area is more like the B-2
district so non-conformities should be minimal. Any non-conformities that should arise will be
governed under Minnesota Statute 462.357, Subdivision 1e.. This law states 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. However, it should be noted that by
statute, the City may prohibit any nonconformity that cease for a period of more than one year.
Alternatives
1. Recommend approval of the rezoning application. By recommending approval of this
application, the City Council will consider a recommendation of approval.
2. Recommend denial of the rezoning application. By recommending denial of this application,
the City Council will consider a recommendation of denial. Should the Planning & Zoning
Planning Application 2019-03-RZ
Page 5
Commission considers this option, it must also identify specific findings that support this
alternative.
3. Continue for further information. The items should be continued if the Planning & Zoning
Commission finds that further information is needed to evaluate this application.
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING & ZONING COMMISSION RESOLUTION 2019-04
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE REZONING ALL
PROPERTIES WITHIN THE DOWNTOWN OVERLAY DISTRICT CURRENTLY ZONED B-
3, GENERAL COMMERCIAL DISTRICT TO B-2, CENTRAL BUSINESS DISTRICT
WHEREAS, the applicant, the City of Hopkins, initiated an application requesting to rezone all
properties within the Downtown Overlay District currently zoned B-3, General Commercial to B-2,
Central Business District, and
WHEREAS, these properties are legally described in the table below:
Properties within the Downton Overlay District to be Rezoned from B-3 to B-2
Number Address & Parcel Identification Number (PID) Number Address & Parcel Identification Number (PID)
1 6 – 6th Avenue North PID 24-117-22-42-0029 17 3 – 7th Avenue North PID 24-117-22-42-0179
2 611 Mainstreet PID 24-117-22-42-0184 18 1106 Mainstreet PID 24-117-22-34-0249
3 615 Mainstreet PID 24-117-22-42-0183 19 621 Mainstreet PID 24-117-22-42-0181
4 619 Mainstreet PID 24-117-22-42-0182 20 1221 Mainstreet PID 24-117-22-31-0062
5 621 Mainstreet PID 24-117-22-42-0181 21 Common area for townhomes PID 24-117-22-42-
0185
6 9 - 7th Avenue South PID 24-117-22-43-0032 22 1209 Mainstreet PID 24-117-22-31-0135
7 750 Mainstreet PID 24-117-22-43-0164 23 1201 Mainstreet PID 24-117-22-31-0059
8 30 Address Unassigned PID 24-117-22-43-0159 24 1111 Mainstreet PID 24-117-22-31-0149
9 15 - 8th Avenue South PID 24-117-22-34-4085 25 3 ½ - 7th Avenue North PID 24-117-22-42-0178
10 Parking Lot PID 24-117-22-34-0300 26 15 – 8th Avenue North PID 24-117-22-42-0177
11 1 – 7th Avenue North PID 24-117-22-42-0180 27 10 – 7th Avenue North PID 24-117-22-42-0173
12 1218 Mainstreet PID 24-117-22-34-0301 28 19 – 8th Avenue North PID 24-117-22-42-0176
13 1208 Mainstreet PID 24-117-22-34-0081 29 1213 Mainstreet PID 24-117-22-31-0136
14 1208 Mainstreet PID 24-117-22-34-0082 30 715 Mainstreet PID 24-117-22-42-0172
15 1206 Mainstreet PID 24-117-22-34-0083 31 9 – 7th Avenue South PID 24-117-22-43-0239
16 1200 Mainstreet PID 24-117-22-42-0179 32 9 – 7th Avenue South PID 24-117-22-43-0240
WHEREAS, the procedural history of the application is as follows:
1. That the above stated application were initiated by the applicant on January 25, 2019;
2. That the Hopkins Planning and Zoning Commission, pursuant to published and mailed
notice, held a public hearing on the application and reviewed such application on
February 26, 2019: all persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the findings
outlined in the staff report dated February 26, 2019.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council approve an ordinance rezoning all properties
within the Downtown Overlay District currently zoned B-3, General Commercial to B-2, Central
Business District.
Adopted this 26th day of February, 2019.
________________________
James Warden, Chair
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Rezone to B-2Central Business
11TH AVE S5TH AVE N12TH AVE N9TH AVE NMINNETONKAMILLSRD
15THAVENE X C E L S IO R B L V D14TH AVE N10TH AVE NM AI NS T R E E T7TH ST S
1ST ST N 6THAVEN11TH AVE N1ST ST S
4TH ST N
2ND ST N
5TH ST S
6TH ST S 7TH AVE NALTHEA LN17THAVEN7TH AVE S6TH AVE S2NDAVES16TH AVE NLAKE MINNETONKA LRT TRAIL
M N R IV E R B L U F F S L R T T R A IL
B-1
B-2
Busine ss Park
Institutional
Mixe dUse
R-1-B
R-1-D
R-5
B-4
B-3
R-4
R-2
R-1-A
R-1-C
I-2
Landfill
I-1
R-3
D o w n t o w n OverlayDistrict
Map Document: C:\Users\jlindahl\Documents\ArcGIS\Packages\Hopk_ZoningMap_22x34P_736EA56A-59DB-4C3E-9016-8FA77B006CD6\v104\Hopk_ZoningMap_22x34P.mxd Date Saved: 1/26/2018 3:31:52 PMZoning Map
Hopkins, MN February 2019
Legend
0 800Feet
So urce: City o f Hopkin s, Henn epin Cou nty, & MnGeo
!IMunicipal Boundary
Regional Trail
Wetlands
100 Year Flo odplain
Downtown Overlay D istrict
West Main street Ove rlay District
PUD
Zoning Districts
(R-1-A) Sing le and Two Family High Density
(R-1-B) Sing le Family High Den sity
(R-1-C) Single Family Me dium Density
(R-1-D) Single Family Low Density
(R-2) Low De nsity Multiple Family
(R-3) Medium Den sity Multiple Family
(R-4) Medium High Den sity Multiple Family
(R-5) High Density Multiple Family
(B-1 ) L imite d Business
(B-2 ) C entral Business
(B-3 ) Gen eral Busin ess
(B-4 ) N eighbhorhood Business
Mixed Use
Busin ess Pa rk
(I-1) Industria l
(I-2) Ge neral Indu strial
Landfill
Institutional
B-2, Central Business & B-3, General Business Comparison
• ITALICIZED USES NOT ALLOWED IN B-2.
PERMITTED USES B-2 B-3
1. Adult day care (Added Ord. 13-1064) (2)XE (2)XE
2. Adult-oriented business, as governed and regulated by Chapter 1165 of the City Code.
(Amended 95-762)
X X
3. Airport X
X
4. Amusement device (3)XBB XBB 5. Appliance store (Amended Ord.06-977) X X
6. Art shops - pictures X X
7. Auction – public or private (1)X X
8. Auto repair X
9. Auto accessory and parts (1)X X
10. Auto sales and/or lease (2)XA
11. Auto wash subject to permit X 12. Armory, auditorium, exhibit hall (2)XB (2)XB
13. Bakery X X
14. Banks, savings and loan X (2)XV
15. Bar - Tavern X X 16. Beauty or barber shop X X 17. Bed and breakfasts (Added Ord. 08-1000) (2)XHH)
18. Bike sales (Added Ord. 05-951)
19. Boat - marine sales
X
20. Books - office supplies X X
21. Bottling plant not in excess of 6,000 sq. ft. X
22. Boutiques X (2)XJ 23. Bowling - table tennis, pool hall X X 24 Brewpub (Added Ord. 13-1064) X (2)XJJ 25. Broadcasting (T.V. - radio) X X 26. Bus and other transit X X 27. Business school (1)X X 28. Cabinet - electrical, heating, plumbing, upholstery, air conditioning, provided the operation does not exceed 6,000 sq. ft.
X
29. Camera - photographic X 30. Carpet and floor covering (Amended Ord.06-977) X X
31. Clinics X X 32. Clothing store X 33. Clubs (private - non profit) (1)XC (2)XC 34. Coin and stamp (Amended Ord.06-977) X 35. Commercial greenhouse (2)XD 36. Costume & formal wear rental X X 37. Currency Exchange (Added Ord. 04-920) (2)XEE 38. Cycle shop and snowmobile (2)XW X
B-2, Central Business & B-3, General Business Comparison
• ITALICIZED USES NOT ALLOWED IN B-2.
PERMITTED USES B-2 B-3
39. Day nursery (Amended Ord.06-977) (2)XE (2)XE
40. Delicatessen X X
41. Department store X
42. Dental - Med. Lab (1)X X 43. Domestic animal day care facility (2)XII
(Added Ord. 08-1002) 44. Drive-ins (non food) (2)XF (2)XF 45. Dry cleaning and laundry (2)XG X 46. Dry cleaning and laundry pickup X X 47. Employment agency X X 48. Essential public service & utility structures X X
49. Fabric and sewing store X 50. Fixit shop XY XY 51. Florist X X 52. Furniture store (Amended Ord.06-977) X X 53. Garden and landscape (Amended Ord.06-977) (2)XZ (2)XZ
54. Gifts and novelties X (2)XJ 55. Glassware, china, pottery X X 56. Glass and mirror installation X 57. Grocery, fruit, vegetable X X 58. Hardware X X 59. Health clubs - studio 60. Hobby - crafts - instruction X X 61. Hotel - motel (2)XK (2)XK 62. Interiors - decorating studio X 63. Jewelry X 64. Karate, health club, dance studio (1)X X 65. Leather goods - luggage X 66. Library - public or private X X 67. Liquors (Added Ord. 11-1033) (Amended Ord. 14-1070) (4)*X (4)*X
68. Locker plan - 6,000 sq. ft. maximum X 69. Locksmith and fixit shop (2)XY (2)XY 70. Lumber and related items X 71. Meats X X 72. Mortuary X 73. Motors repairing X 74. Music store X X 75. Newsstand X 76. Offices X X 77. Open sales lot (2)XO (2)XO 78. Optical-jewelry mfg.(Amend.Ord.06-977) (1)X X 79. Orthopedic - medical supplies (sales and manufacturing) X
80. Paint and wallpaper (Amended Ord.06-977) X X 81. Parking ramps and lots X X 82. Pawn shop - antiques - used materials X X 83. Pet Grooming (Added Ord. 07-985) X
B-2, Central Business & B-3, General Business Comparison
• ITALICIZED USES NOT ALLOWED IN B-2.
PERMITTED USES B-2 B-3
84. Pet Store
85. Pharmacy - drug store X X
86. Photography - studio X X 87. Picture framing - art shop X X 88. Pipe - tobacco shop (Amended Ord. 07-990) (5)X 89. Post office X 90. Print shop (2)XP X 91. Public auction (see auction) X 92. Records, TV, radio, sound, phono (Amended Ord.06-977) X X
93. Religious institutions, etc. (2)XCC (2)XCC 94. Rental service (2)XQ 95. Research labs (2)XT 96. Residential (2)XH (2)XH 97. Restaurant - traditional X X 98. Restaurant - carry-out and delivery X 99. Restaurant - drive-in (2)XR 100. Restaurant - fast food (2)XS 101. Roller rink - ice arena X 102. Self-service station (2)XDD 103. Service station (2)XM 104. Shoes - boots store X 105. Sporting goods (Amended Ord. 06-977) X
X
106. Stationery - card shop X (2)XJ 107. Stone monument sales X 108. Tailoring X X 109. Taxidermist X 110. Taxi terminal X 111. Theater (Added Ord. 2016-1107) X X 112. Theater – Multiplex (Amended Ord. 2016-1107) X X 113. Tires - battery, accessory & recap X 114. Trade school (1)X X 115. Transient merchants (Added Ord. 05-947) 116. Truck - trailer sales (2)XAA 117. Variety stores X 118. Veterinary clinic X X 119. Video - sales, rental X X 120. Warehouse - 16,000 sq. ft. maximum, not abutting Mainstreet (Amended Ord. 2000-841) X