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CR 08-053 Zoning Ord. Amendment - Bed and BreakfastG�TY OF ia NOPKINS May 28, 2008 Council Report 08-53 ZONING ORDINANCE AMENDMENT — BED AND BREAKFAST Proposed Action Staff recommends the following motion: Adopt Resolution 08-36, approving Ordinance 08- 1000, adopting an ordinance to allow a bed and breakfast use in the residential and business districts for first reading. At the Zoning and Planning meeting Mr. Jenny moved and Mr. Beddor seconded a motion to adopt Resolution RZ08-1, recommending approval of Ordinance 08-1000, adopting an ordinance to allow a bed and breakfast use in the residential and business districts. The motion was approved unanimously. Overview Staff was asked to explore the possibility of adding a Bed and Breakfast use in Hopkins. Currently we do not allow bed and breakfasts within Hopkins. The staff drafted an ordinance to allow bed and breakfasts in the residential and business districts. The Planning Commission reviewed the proposed ordinance at various meetings. The proposed ordinance will allow bed and breakfasts as a conditional use within the R-1 districts and the B-3 business district. Primary Issues to Consider • What are the proposed amendments? • What is the staff recommendation? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Resolution 08-36 • Ordinance 08-1000 �T"-J a&ac-E6 Nancy Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR08-53 Page 2 Primary Issues to Consider • What are the proposed amendments? The proposed amendment is to allow a bed and breakfast use in the residential and business districts as a conditional use permit. u) Bed and Breakfast in the R-1 districts subject to the following: 1. The bed and breakfast shall be the principal residence of the bed and breakfast property owner. 2. Off-street parking at a ratio of one space per guestroom plus two spaces for the residence. 3. No parking in the front yard setback. 4. Bed and breakfasts must be located 600 feet apart. 5. Only breakfast shall be served, and service shall be restricted to guests only, not the general public. No separate food preparation facilities are allowed. 6. A bed and breakfast establishment may host one special event each month for not more than 25 non -registered guests with the following requirements: a) At least two weeks prior to an event, the bed and breakfast owner must notify the City Planner in writing of the event. This will include the hours of the event and information on how the property's exterior areas will be used during the event (music, temporary structures, etc.). b) The applicant must notify the City of the hours of the event and whether alcohol will be served and music will be played. c) Food and/or alcoholic beverages may be furnished by and to special event guests provided all necessary local, state, and/or federal permits, licenses or authorizations have been obtained. d) The bed and breakfast owner must be present during special events and shall provide adequate supervision of the event. e) The hours of the event shall be between 9:00 a.m. and 10:00 p.m. 7. Bed and Breakfasts are allowed signage but limited to four square feet. 8. All exterior lighting to be concealed or screened. CR08-53 Page 3 535.03 16. Bed and Breakfasts B-1 B-2 B-3 B-4 (2)XHH HH) 1. Owner or manager shall be required to occupy the property. 2. Off-street parking at a ratio of one space per guestroom plus two spaces for the residence. 3. Only breakfast shall be served, and service shall be restricted to guests only, not the general public. • What is the staff recommendation? Staff is recommending approval of the proposed ordinance. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed ordinance. The Commission favors approval of the proposed ordinance. No one appeared at the public hearing regarding this item. Alternatives 1. Approve the amendment to the zoning ordinance. By recommending approval of the amendment to the zoning ordinance, the use of bed and breakfast will be allowed within the City. 2. Deny the amendment to the zoning ordinance. By denying of the amendment to the zoning ordinance, the use of bed and breakfast will not be allowed within the City. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 08-36 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING ADDING BED AND BREAKFAST AS A CONDITIONAL USE IN THE R-1 AND B-3 ZONING DISTRICTS WHEREAS, an application for Zoning Amendment ZN08-2 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 May 27, 2008: 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 ZN08-2 is hereby approved based on the following Findings of Fact: 1. That the Zoning and Planning Commission reviewed the proposed ordinance. 2. That the proposed use is compatible with the R-1 and B-3 districts under certain conditions. Adopted this 3rd day of June 2008. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2008-1000 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That Sections 515, 530, and 535 of Hopkins Code of Ordinances be, and the same are hereby amended by adding the following sections: 515.07 Subd. 20. Bed and Breakfast — a lodging facility operated by the resident and owner of a single-family dwelling that provides up to three guest rooms without individual kitchens that are rented on a nightly basis and in which only breakfast is included as part of the basic compensation. The bed and breakfast may also include conducting special events open to a limited number of people as specified in a conditional use permit. 530.09. Conditional uses within R districts. u) Bed and Breakfasts in the R-1 districts subject to the following:, 1. The bed and breakfast shall be the principal residence of the bed and breakfast property owner. 2. Off-street parking at a ratio of one space per guestroom plus two spaces for the residence. 3. No parking in the front yard setback. 4. Bed and breakfasts must be located 600 feet apart. Only breakfast shall be served, and service shall be restricted to guests only, not theeng_ eral public. No separate food preparation facilities are allowed. 6. A bed and breakfast establishment may host one special event each month for not more than 25 non -registered guests with the following requirements: a) At least two weeks prior to an event, the bed and breakfast owner must notify the City Planner in writing of the event. This will include the hours of the event and information on how the property's exterior areas will be used during the event (music, temporary structures, etc.). b) The applicant must notify the City of the hours of the event and whether alcohol will be served and music will be played. c) Food and/or alcoholic beverages may be furnished by and to special event guests provided all necessary local, state, and/or federal permits, licenses or authorizations have been obtained. d) The bed and breakfast owner must be present during special events and shall provide adequate supervision of the event. e) The hours of the event shall be between 9:00 a.m. and 10:00 p.m. 7. Bed and Breakfasts are allowed signage but limited to four square feet. 8. All exterior lighting to be concealed or screened. 535.03 16. Bed and Breakfasts B-1 B-2 B-3 B-4 2 XHH HH) 1. Owner or manager shall be required to occupy the property_ 2. Off-street parking at a ratio of one space per guestroom plus two spaces for the residence. 3. Only breakfast shall be served, and service shall be restricted to guests only, not theeg_neral public. Other uses listed in Sections 515 and 535 are to be renumbered accordingly. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: June 3, 2008 June 17, 2008 June 26, 2008 June 26, 2008 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date