2019-041 Denying the Zoning Code Text Amendment Request from Wilshire Properties, LLC to Allow Licensed Residential Programs Serving 7 to 10 Person as a Conditional use in the R-1-D and R-1-E Districts CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION 2019-041
A RESOLUTION DENYING THE ZONING CODE TEXT AMENDMENT REQUEST
FROM WILSHIRE PROPERTIES, LLC TO ALLOW LICENSED RESIDENTIAL
PROGRAMS SERVING 7 TO 10 PERSONS AS A CONDITIONAL USE IN THE R-1-D
AND R-1-E DISTRICTS
WHEREAS, the applicant, Wilshire Properties, LLC, initiated zoning code text
amendment application to allow licensed residential programs serving 7 to 10 persons as a
conditional use in the R-1-D and R-1-E single-family zoning districts; and
WHEREAS, the procedural history of the application is as follows:
1. A comprehensive plan amendment, rezoning, and conditional use permit application
was initiated by the applicant on February 21, 2019;
2. The applicant held a neighborhood meeting at the Hopkins Pavilion on March 19,2019
in conformance with the City of Hopkins Neighborhood Meeting Policy;
3. The applicant withdrew its application for a comprehensive plan amendment,rezoning,
and conditional use permit on March 22, 2019;
4. A zoning code text amendment to allow licensed residential programs serving 7 to 10
persons as a conditional use in the R-1-D and R-1-E Districts was initiated by the
applicant on March 22, 2019;
5. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed
notice, held a public hearing and reviewed such application on April 23, 2019 and all
persons present were given an opportunity to be heard;
6. That the written comments and analysis of City staff were considered that included a
recommendation to deny this application;
7. The Hopkins Planning & Zoning Commission voted 4-3 to recommend the City
Council approve the text amendment, as submitted;
8. On May 7, 2019, the Hopkins City Council reviewed such application and the
comments and recommendations from the Planning & Zoning Commission, City staff,
the applicant, and all others that have provided input on the matter.
WHEREAS, based on a review of the application and the submissions, the Planning
and Zoning recommendation, and the written staff report, and after careful consideration of all
other written and oral comments concerning the requested zoning code text amendment, the City
1
Council makes the following findings of fact:
1. The proposed zoning code text amendment would be incompatible with present and
future land uses within the zoning districts in which it is proposed. The R-I-D and R-
1-E districts are single-family districts whereby licensed residential programs are only
permitted for six or fewer persons, which is mostly consistent with a single-family
designation. To allow licensed residential programs with greater capacities in these
districts, through a conditional use permit or otherwise, would from a land-use
perspective create an adverse impact on the surrounding properties. The City Code
currently designates licensed residential programs with 7-16 persons as a conditional
use in the City's multi-family residential districts due to the impacts created by facilities
serving this many persons, and said impacts are inconsistent with the City's single-
family districts.
2. The proposed zoning code text amendment is also inconsistent with the 2030
Comprehensive Plan, which guides the R-1-D and R-1-E districts as low-density
residential to support the preservation and protection of the City's existing residential
neighborhoods. Additionally, the draft 2040 Comprehensive Plan presently maintains,
as the primary purpose of R-1-D and R-1-E district, low-density single-family uses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins
that all recitals set forth in this Resolution are incorporated into and made part of this Resolution,
and more specifically, constitute the express findings of the City Council.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City
of Hopkins that based on the findings contained herein, the City Council of the City of Hopkins
hereby denies the applicant's requested zoning code text amendment.
Adopted by the City Council of the City of Hopkins this 7`" day of May 2019.
ATTEST:
ORWAV
Amy Domeier, City Clerk Jason Gadd, Mayor
2