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IV. 1. Planning Application 2021-08 Massage Therapy Text Amendment May 25, 2021 Planning Application 2021-08 Zoning Code Text Amendment Related to Massage Therapy Proposed Action: Move to adopt Planning & Zoning Resolution 2021-10, recommending the City Council approve Ordinance 2021-1170 Amending the Hopkins City Code related to Massage Therapy. Overview This item was initiated through a request from the City Council to amend the City Code related to Massage Therapy uses. The proposed changes are summarized below and detailed in the attached draft ordinance. They include changes to both the zoning and licensing regulations. While the City Council has sole authority over the licensing regulations, the Planning & Zoning Commission must review and make a recommendation to the City Council on the zoning standards. The City Council will consider the Planning & Zoning Commission’s recommendation on the zoning standards in coordination with any associated licensing changes. Should the City approve the draft ordinance, it would make the following changes • Zoning. Establish Massage Therapy Establishments as a permitted use in the B-2, Central Business and B-3, General Business Districts. • Definitions. Updated the definition of “Massage Therapy Establishment” to include one or more massage therapists provide services to the public. • Transfers. Language allowing nonconforming businesses to relocate. • Maximum Number of Licenses. Limits the number of massage therapy licenses to four. • License Fee. License fees will be updated to match the amount of time to administer the license and conduct background checks. • Signs. Exterior signs shall be required to include more than just the word “massage.” Primary Issues to Consider ● Background ● Zoning Code Text Amendment ● Potential Non-Conformity Issues ● Alternatives Supporting Documents ● Planning & Zoning Resolution 2021-10 ● Draft Ordinance 2021-1170 ● Zoning Map ● Future Land Use Map & Future Land Use Category Descriptions ● December 17, 2019 Planning & Zoning Commission Minutes _____________________ Jason Lindahl, City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: Planning Application 2021-08 Page 2 BACKGROUND In April, 2013 the City Council held discussions about the regulations of massage therapy. At that time, the City Council directed staff to work with the City Attorney to draft an ordinance that would limit massage therapy to an accessory use in the Business Districts and prohibit it as a home occupation in Residential Districts. The ordinance that was ultimately approved by the City attempted to implement this strategy through changes to the definitions for “Massage Therapy or Therapeutic Massage,” “Massage Therapist,” and “Massage Therapy Establishment” rather than specifically listing these as accessory uses in the Business Districts. The ordinance regulating that a massage therapist would only be able to obtain a license as an accessory use became effective in August 2013. The 2013 regulations require that a massage therapist would need to be located in an existing business where massage therapy is not the primary use. The City Council decided to place this limitation on massage business because of previous illegal activity at independent massage businesses. During the 2013 review of the ordinance, staff noted that one downside to this regulatory strategy would be that franchises such as Massage Envy would not be allowed to locate in Hopkins. Previous Planning & Zoning Commission Action. The Planning & Zoning Commission last reviewed the City’s Massage Therapy regulations on December 17, 2019. Minutes from that meeting are attached for your reference. At that time, the Commission was split on the question of whether Hopkins should allow independent Massage Therapy Establishments or continue the current policy of limiting these businesses to an accessory use. Commissioners Balan and White supported a change while Commissioner Hanneman opposed it. Commissioners Fiamova and Stiele were unsure and requested more information. Staff reported the Planning Commission’s views to the City Council who ultimately decided to not make changes at that time. Current Regulations. Message therapy is regulated through both zoning and licensing standards. While these regulations work together, generally the zoning standards govern where this activity can take place while the licensing standards focus on how the business operates. The current zoning regulations limit massage therapy to an accessory use in the Business Districts and specifically prohibit it as a home occupation in Residential Districts. Standalone massage therapy uses are currently prohibited in Hopkins. Under the current regulations, accessory massage therapy uses must be located in an existing business where massage therapy is not the primary use (doctor’s office, healthcare clinic, fitness center or the like). Hopkins City Code, Part II, Chapter 10, Article XVII provides the licensing regulations for massage therapy. These regulations provide for two types of licenses: Massage Therapist or Massage Therapy Establishments. Currently, there are no Massage Therapy Establishment licenses in Hopkins because these uses are prohibited under zoning. By comparison, there are six Massage Therapist licenses in Hopkins. Four of these were issued after the regulatory changes in 2013 and operate accessory to another business. The other two were already in business in 2013 and “Grandfathered in” under the previous standards operating as independent businesses. Planning Application 2021-08 Page 3 ZONING CODE TEXT AMENDMENT Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, cities have wide flexibility to create standards that will ensure the type of development they want. However, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Proposed Regulations. The attached draft ordinance would make changes to both the zoning and licensing standards for Massage Therapy. These proposed changes are summarized below and detailed in the attached draft ordinance. The Planning & Zoning Commission should review the proposed zoning change and make a recommendation to the City Council. The City Council will consider the Planning & Zoning Commission’s recommendation on the zoning standards as well as any associated licensing changes. The attached draft ordinance would establish Massage Therapy Establishments as a permitted use in the B-2, Central Business and B-3, General Business Districts (see Section 7). A copy of the Zoning map is also attached for your reference. Massage Therapy Establishments would continue to be prohibited in any residential, institutional, or industrial district as well as in the B-1, Limited Business or B-4, Neighborhood Business Districts. The proposed licensing changes are summarized below to provide the Planning & Zoning Commission a full summary of the anticipated regulations changes. However, it should be noted that the City Council has the sole authority over licensing standards. The Planning & Zoning Commission authority is limited to review and recommendation on the zoning regulations. • Zoning. Establish Massage Therapy Establishments as a permitted use in the B-2, Central Business and B-3, General Business Districts. • Definitions. Updated the definition of “Massage Therapy Establishment” to include one or more massage therapists provide services to the public. • Transfers. Language allowing nonconforming businesses to relocate. • Maximum Number of Licenses. The ordinance limits the number of massage therapy licenses to four. • License Fee. License fees will be updated to match the amount of time to administer the license and conduct background checks. • Signs. Exterior signs shall be required to include more than just the word “massage.” The proposed ordinance was drafted in consultation with the Police and Fire Departments as well as the City Attorney and includes their recommendations and comments. Consistency with the Comprehensive Plan. The proposed zoning code text amendment is consistent with the 2040 Comprehensive Plan. The draft ordinance proposes to add Massage Therapy as a permitted use in the B-2, Central Business and B-3, General Business Districts. The Future Land Use Map in the 2040 Comprehensive Plan guides the area covered by the B-2, Central Business or B-3, General Business as one of three categories: Downtown Center, Activity Center or Neighborhood Center. The characteristics of the Downtown Center, Activity Center and Neighborhood Center future land use categories are detailed in the attached excerpted from the Future Land Use section of the 2040 Comprehensive Plan. Establishment of Massage Therapy as a permitted use in the B-2 and B-3 Districts is consistent with these land Planning Application 2021-08 Page 4 use designations. The 2040 Comprehensive Plan also contains goals and policies that support approval of this zoning code amendment. Staff finds the proposed zoning text amendment is consistent with the following goals and policies. • Economic Environment – Economic Competiveness o Goal 2 – Support a healthy, diverse mix of businesses in Hopkins  Continue to make improvements to city regulatory guidance and procedures to streamline the redevelopment process in Hopkins.  Promote the development of business start-ups and entrepreneurial activities in Hopkins, and encourage small businesses in appropriate areas throughout the city.  Work with existing businesses to identify opportunities to retain or expand operations. • Economic Environment – Downtown o Goal 2 - Continue to grow Downtown’s population and jobs base.  Attract specialty retail and destination uses including arts, entertainment, recreation, antiques, hobbies and crafts, gifts, and family-oriented uses.  Encourage the growth of Downtown’s share of housing and employment and continue its growth as the city’s center for innovation and exchange through commerce, employment, arts, culture, entertainment, education and government. Compatibility with Present and Future Land Uses. Based on the analysis above, a zoning code text amendment establishing Massage Therapy businesses as a permitted use in the B-2, Central Business and B-3 General Business Districts is compatible with present and future land uses under the 2040 Comprehensive Plans. As proposed, Massage Therapy businesses should be compatible with the other uses allowed under these land use classifications and the future land use maps in the 2040 Comprehensive Plan reinforce this land use pattern. Conformance with New Standards. Massage Therapy businesses will be required to comply with all other applicable development regulations in the B-2 and B-3 Districts. As proposed, Massage Therapy businesses should be compatible with other uses and regulations in the B-2 and B-3 Districts. POTENTIAL NON-CONFORMITY ISSUES When considering how the proposed zoning changes could impact the community as a whole, it is important to remember that any zoning ordinance text amendment has the potential to create non-conformities (sites or buildings that do not meet the new proposed standard). However, in this case, the City is creating a new use that will be subject to the same development standards as the other commercial uses in the B-2, Central Business and B-3, General Business Districts. Since this represents an expansion of the development options in the B-2 and B-3 Districts no new non- conformities should be created. Should some unforeseen non-conformity result from the proposed new use, it would be considered “Grandfathered” and allowed to continue until it would choose to make changes. According to Minnesota Statute 462.357, Subdivision 1e., 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 Planning Application 2021-08 Page 5 previous owner. ALTERNATIVES 1. Recommend approval of a zoning code text amendment changing Massage Therapy from an accessory to a permitted use in the B-2, Central Business and B-3 General Business Districts. By recommending approval of this application, the City Council will consider a recommendation of approval. 2. Recommend denial of a zoning code text amendment changing Massage Therapy from an accessory to a permitted use in the B-2, Central Business and B-3 General Business Districts. By recommending denial of this application, the City Council will consider a recommendation of denial. Should the Planning & Zoning Commission consider this alternative, it must also identify specific findings that support this option. 3. Continue for further information. If the Planning & Zoning Commission indicates that further information is needed, the items should be continued. CITY OF HOPKINS Hennepin County, Minnesota PLANNING AND ZONING COMMISSION RESOLUTION NO. 2021-10 A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING CHAPTERS 10 AND 102 AND APPENDIX A OF THE HOPKINS CITY CODE REGARDING MASSAGE THERAPY WHEREAS, the City of Hopkins initiated an application to amend the City Code regarding Massage Therapy; and WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City Code related to Massage Therapy was initiated by the City of Hopkins on April 23, 2021; and 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing to review such application on May 25, 2021 and all persons present were given an opportunity to be heard; and 3. That written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the City of Hopkins hereby recommends the City Council of the City of Hopkins approve an ordinance amending the City Code regarding Massage Therapy based on the findings of fact detailed in the staff report dated May 25, 2021. Adopted this 25th day of May 2021. _________________________ Gerard Balan, Chair 1 HP145-1-708772.v3 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2021-1170 ORDINANCE AMENDING CHAPTERS 10 AND 102 AND APPENDIX A OF THE HOPKINS CITY CODE REGARDING MASSAGE THERAPY THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-606 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Massage therapy establishment means any establishment wherein two one or more massage therapists provide massage therapy or therapeutic massage to the public, as the primary business. other than aA hospital, sanatorium, rest home, nursing home, boarding home, medical doctor's office, chiropractor's office, or other institution licensed under the provisions of M.S.A. §§ 144.50 through 144.69 shall not be considered a massage therapy establishment. SECTION 2. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-607 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Sec. 10-607. - License required; limitation on number of massage therapy establishment licenses. (a) It shall be unlawful for any person to practice as a massage therapist or operate a massage therapy establishment in the city without first obtaining a license to do so. However, no license is required for any massage therapist working for or as an employee of a medical professional licensed under M.S.A. chs. 147 or 148. In addition, no license is required under this article for a person licensed by the state board of medical practices when said person provides proof of licensure to the city clerk. (b) The license will be effective for one year and run from July 1 through June 30 of the license year. (c) No more than four massage therapy establishment licenses may be issued in the city. SECTION 3. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-611 is hereby amended to add the double-underlined language and delete the stricken language as follows: Sec. 10-611. – Renewal; transfers. Applications for renewal shall be submitted at least 60 days prior to the end of the license year on forms provided by the City Clerk. All licenses issued under this section shall be valid only for the person to whom the license was issued and no transfer of any license to another person shall be valid. A duly issued massage therapy establishment license may be transferred to another location 2 HP145-1-708772.v3 in the city so long as massage therapy establishments are an allowed use in the proposed location under the city’s zoning regulations. SECTION 4. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-618 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Sec. 10-618. - Inspection by city officials; minimum requirements. (a) During any hours in which a licensee is performing massage therapy treatments, the area where the service is being performed shall be open to inspection by city inspectors and police officers. (b) Each licensed massage therapist therapy establishment shall be responsible for adhering to the following minimum requirements for the health and safety of all patrons: (1) The massage tables shall have a washable surface. (2) The massage tables shall be covered with a disposable paper cover or with a sheet that is washable. (3) A clean paper cover or washable sheet must be used for each patron and the massage therapists must have enough clean covers on hand to accommodate the number of patrons scheduled on one day. (4) Used washable covers shall be placed in covered containers until they are washed. (5) Used paper covers shall be placed in covered waste containers. (6) Lotions used in the treatments shall be stored in covered containers. (7) The massage therapists shall wash his their hands with soap and warm water immediately before beginning a treatment on each patron and use paper towels for hand wiping. Paper towels must be stored in a covered container. (8) Bathroom facilities shall be made available to patrons. Paper towels, which shall be stored in covered containers, shall be provided for hand drying. (9) Bathrooms shall be kept in clean repair. (10) The floor shall be kept free of dust and debris. (11) No food or drink shall be allowed in the treatment areas. (12) Implements used directly on the skin shall be cleaned and sanitized after use on each patron. Such implements shall be stored in closed containers with a dry sanitizer. (13) In addition to any requirements contained in the city’s sign regulations, any exterior sign advertising the presence of an on-site massage therapy establishment shall include more than just the word “massage.” (14) Hours of operation shall be limited to between 9:00 a.m. and 8:00 p.m. each day. (c) Massage therapists that are licensed by the city shall follow and adhere to the health and safety requirements in subsection (b) above and the code of ethics for massage therapists as published by the National Certification Board for Therapeutic Massage and Bodywork. This shall in no way require membership with American Massage Therapy Association. 3 HP145-1-708772.v3 (d) The holder of a massage therapy establishment license is responsible for supervising the conduct of all massage therapists providing therapeutic massage at that establishment and ensuring they conform to the requirements of this section. SECTION 5. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-619 is hereby deleted in its entirety and replaced with the following double-underlined language: Sec. 10-619. – Massage Therapy Establishments. An application for a massage therapy establishment license shall be denied if the proposed location does not comply with the city’s zoning regulations. SECTION 6. Hopkins City Code, Part III, Chapter 102, Article I, Section 102-4 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Massage therapy establishment means any establishment wherein two one or more massage therapists provide massage therapy or therapeutic massage to the public, as the primary business. other than aA hospital, sanatorium, rest home, nursing home, boarding home, medical doctor’s office, chiropractor’s office, or other institution licensed under the provisions of M.S.A. §§ 144.50—144.69 shall not be considered a massage therapy establishment. SECTION 7. The chart contained in Hopkins City Code, Part III, Chapter 102, Article VII, Section 102-214 is hereby amended by adding the double-underlined language as follows: Permitted Uses B-1 B-2 B-3 B-4 Massage Therapy Establishment X X SECTION 8. Hopkins City Code, Appendix A, which contains the City’s fee schedule, is hereby amended by adding the double-underlined language and deleting the stricken language as follows: LICENCE FEES Massage Massage therapist $100.00 $________ Per year Massage therapist investigation $50.00 $________ New licenses Massage establishment license $25.00 $________ Per year Massage establishment investigation $50.00 $________ New licenses SECTION 9. The effective date of this ordinance shall be the date of publication. First Reading: June 1, 2021 Second Reading: June 15, 2021 Date of Publication: June 24, 2021 Date Ordinance Takes Effect: June 24, 2021 4 HP145-1-708772.v3 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk R-2 R-1-D R-1-E INS R-1-C BP BP B-1 R-6 R-4 PUD BP I-2 I-2 I-1 I-2 BP R-1-B INS INS R-1-D R-1-C R-1-D I-1 R-4 R-5 B-4 I-2 R-2 R-1-A R-1-A INS I-2 R-!-B B-3 R-1-A R-4 R-4 I-2 I-2 I-1 INS INSB-2 R-1-C R-3 R-4 B-4 R-3 R-1-D INS R-1-A B-1 R-2 B-3 B-3 R-2 R-4 PUD B-3 B-4 R-4 R-1-C R-4 B-3 R-1-C R-4 B-3 R-1-A I-2 R-4 R-4 R-3B-3 B-3B-3 B-3 R-5 I-1 I-1 R-1-A R-4 B-2 B-3 B-3 B-3 R-4 R-3 R-1-C R-1-CR-2 R-2 B-3 B-3 B-3 R-4 R-4 B-1 I-2 B-1 R-5R-5 R-4 R-3 R-1-C B-4 TextR-2 Closed Landfill Restricted BP BP City of Hopkins Zoning Map ³ ZONING DISTRICTS R-1-A Single and Two Family Hig h Density R-1-B Single Family High Density R-1-C Single Family Medium Density R-1-D Single Family Low Density R-1-E Single Family Low Density R-2 Low Density Multiple Family R-3 Medium Density Multiple Family R-4 Medium High Density Multiple Family R-4 PUD R-5 High Density Multiple Family R-6 Medium Density Multiple Family B-1 Limited Business B-2 Central Business B-3 General Business B-4 Neighborhood Business Business Park Institutional I-1 Industrial I-2 General Industrial Mixed Use Closed Landfill Restricted (CLR) +¡ GdWX +¡ ?«A@ ?«A@ GdWX GbWX GbWX GÇWX GÓWX kj kj kj MINNETONKA ST. LOUIS PARK EDINA LoneLake ShadyOak Lake M i nnehahaCreekMi nneh a haCre ekNinemileCreek Ninem i le C re ek Minnetonka Blvd Goodrich St H i g h w a y 7 E x c e ls io rBlvd15thAveN9thAveNM ilw aukeeSt12thAveNHighway 1692nd St NE 7thAveS3rd St S Mainstreet 17thAveSOakridge Road5thAveS1st St N 11thAveSBlakeRoadN5thAveN14thAveN6th St S 7th St S MinnetonkaMillsRoad FeltlCtL a keS tN E 21stAveNParkLn10thAveN8th St S8thAveN Ashley Road2ndAveSTylerAveN11thAveNValleyWay6thAveNHopkins CrossroadL oringRoad17thAveN5th St S 1st St S Boyce St 3rd St N 2nd St N Pre s t o n Ln 4th St N 13thAveN7thAveN12thAveS9thAveSOxford St 18thAveS18thAveN13thAveSAltheaLn19thAveSHia w athaAve Cambridge St Hawthorne Road19thAveN20thAveN16thAveN6thAveS8thAveSHill St Westbrooke WayAtwater StManitobaRoad RampWood hill Ct 2040 Comprehensive PlanHopkins, MN Future Land Use May 2020 Legend City Lim it s Coun ty Bounda ry 2040 Growt h Boun dary kj LRT StationsMap Document: \\arcserver1\gis\HOPK\T19114228\_Basemap\ESRI\Maps\LandUse\HOPK_FutureLandUse_85x11P_rev.mxd | Date Saved: 5/12/2020 8:43:43 AM0 2,000 Feet Source: Met. Council, City of Hopkins, Hennepin County, MnDOT Neighborhoods Centers*Districts Land Use Classes Waste and Energy Estate (1-2 du/ac ) Suburban (2-4 du/ac ) Traditional Urban (5-12 du/ac) General Urban (5-40 du/ac) Neighborhood Center (20-50 du/ac) Activity Center (20-60 du/ac) Downtown Cent er (20-100 du/ac) Open and Soc ial Space Commerce and Employment Business and Production Dwelling units per acre (du/ac) for districts allowing residential *For Activity Center and Downtown Center areas, minimum density is 75 du/acre and maximum density is 150 du/acre within one quarter (1/4) mile r adius of LRT station areas. For reference, 1/4 and 1/2 mile radii are shown on the map. Cultivate Hopkins | Appendix B1: Land Use 16 Future Land Use Plan Categories The categories on the future land use map are divided into three general types: neighborhoods, centers, and districts. Each one has their own sub-types, described below. These represent a mix of compatible uses organized in defined places, rather than separated uses. This reflects the City’s commitment to using its future land use plan to create unique and meaningful places. Neighborhoods Neighborhoods are primarily residential areas of the city. While residential is the predominant use in these areas, a limited amount of complementary uses (such as small-scale public and institutional uses, places of worship, and schools) may be part of these areas. The different sub-types are categories largely based on density and urban form. Outreach during the planning process identified that residential neighborhood character is an important contributor to community livability and identity. As such, infill development in these areas should reflect and be compatible with existing character and development type. The density ranges for some of these neighborhood categories allow for infill with a range of housing types By definition, these areas contain a large percentage of the residential population of the city. There is a small employment base as well, mostly in the forms of home-based businesses and accessory uses. This plan does not assign forecasted growth to these areas, as it is expected that infill development will not significantly impact total housing units and densities. However, there are some areas, including private open space and vacant lots, where infill development could occur. The City will evaluate any development proposals that come forward for these areas based on overall policy guidance, zoning, and other development standards. Cultivate Hopkins | Appendix B1: Land Use 17 Table B1.9 – Future Land Use: Neighborhoods Sub-type Location Existing Character Planned Development Density and Scale Estate The Estate category is fully contained within the Bellgrove neighborhood along either side of Minnetonka Boulevard. Consists of relatively secluded large lot single family dwellings connected to city sewer and water services. Streets in this area follow a curved and looping design that rarely connects, creating organically shaped blocks to cul-de-sacs that limit pedestrian and bicycle mobility. Properties in this district tend to have larger footprints with attached garages and may include large accessory buildings or amenities. Large lot single family neighborhoods. Large lot single family residential should remain the primary use in this category. Densities in this area typically range from 1-2 units per acre on average. Suburban Neighborhoods in this category are located west of Highway 169 on either side of Highway 7; east of Blake Road south of Excelsior Boulevard; and southeast of Valley Park. Include Drillane, Knollwood, Hobby Acres, Campbell, Park Ridge, Interlachen, Nine Mile Cove. This area contains low density single family dwellings and golf courses. Neighborhoods in this category are designed around a modified grid street network with good access to the surrounding transportation network. Properties in this district are relatively large for Hopkins, with most having ample private yards and attached garages. Low density single family neighborhoods and accessory uses such as parks and neighborhood scaled public and institutional uses. Existing densities typically range from 2-4 units per acre. Future infill should be closer to 4 units per acre. Traditional Urban Primarily located in the midsection of the community between Highway 7 and Excelsior Boulevard. There are also standalone sections. Neighborhoods include the Avenues, Avenue West, Cottageville, Presidents, Regency, Parkside, Park Valley and portions of Peaceful Valley. Moderate density residential dwellings designed around a classic grid street network with uniform blocks and lots. Predominately single family dwellings but include a mix of duplexes and attached units. Most areas have vehicle access from a rear alley and good pedestrian and bicycle access through an established sidewalks and trail system. Moderate density residential neighborhoods and accessory uses such as parks and neighborhood scaled public and institutional uses Densities in this area typically range from 5-12 units per acre. General Urban Located in three distinct areas: along either side of 11th Avenue South; on either side of Highway 7 west of 5th Avenue North/Oakridge Road; and in the southwest quadrant of the Highway 169 and Highway 7 interchange. These compact moderate to high density residential neighborhoods include a range of attached multiple family and apartment units of varying scale and height. Designed around large blocks with internal street systems that provide good vehicle connections. Moderate to high density residential and accessory uses. Well connected via transit and support adjacent Centers. Scale and height should be compatible with existing and planned character. Densities in this area typically range from 5-40 units per acre. Cultivate Hopkins | Appendix B1: Land Use 18 Centers Centers are primarily mixed use commercial districts. They typically are in areas well-served by the multimodal transportation system (particularly transit) and are situated to serve as centers of commerce and activity for the community and region. Residential is also an important component in most of these areas, frequently in the form of mixed use buildings. While there are a range of urban and suburban development types in Hopkins, new development projects in these areas address opportunities to make areas more walkable, bikeable, and transit supportive where possible. Neighborhood Centers are the smallest scaled of the three. They are aimed at creating walkable nodes that support the surrounding neighborhood with retail and services, and provide opportunities for mixed use infill development. Activity Centers and Downtown Center are larger scaled areas, with the city’s most intensive growth patterns, including the most capacity for redevelopment. They overlap with the three planned Green Line Extension transit station areas, described in a following section. While the Downtown Center is largely already built around the principles of traditional urban form, several of the other centers have a more auto oriented, suburban development pattern. Transforming them to walkable transit-oriented districts will take not just new land uses, but changes to the underlying infrastructure. The station area plans (and the transportation element of the comprehensive plan) cover many of the infrastructure improvements needed to make those changes – including roads, sidewalks and bikeways, and other facilities. The timing of these improvements will vary – some will be completed by the Green Line Extension opening day, while others will follow in subsequent years. Cultivate Hopkins | Appendix B1: Land Use 19 Table B1.10 – Future Land Use: Centers Sub-type Location Development Type Urban Form Density and Scale Neighborhood Center Located at major intersections that serve as gateways into adjacent neighborhoods. Accommodate forecasted population and employment growth while also serving as a defining place for basic retail, service and entertainment needs. Mixed use (horizontal or vertical) and pedestrian oriented character. High quality design, pedestrian and bicycle facilities and thoughtful use of open space will be important to create a vibrant and unique center that enhances and connects with the surrounding neighborhood it serves. Smaller scale retail with neighborhood serving uses. Densities in this area typically range from 20-50 units per acre. Estimated 25% commercial and 75% residential. Activity Center Surrounds and supports the planned Blake Road and Shady Oak light rail stations along the Southwest LRT Green Line Extension. Moderate to high density mixed use development designed to complement and enhance the existing development pattern in these areas and support the public investment in transit. Expected to experience significant reinvestment and redevelopment to absorb a substantial portion of the city’s anticipated future growth. Medium to larger scale neighborhood and regional uses. Densities in this area typically range from 20-60 units per acre, with 75-150 units per acre within ¼ mile of an LRT station platform. Estimated 25% commercial and 75% residential. Downtown Center The central economic, social and civic district for Hopkins and the regi on. Moderate to high density mixed use development designed to complement and enhance the existing development pattern in these areas and support the public investment in transit. This area is expected to absorb significant amount of anticipated future growth. Maintaining downtown Hopkins’ unique identity and sense of place must be a central consideration when planning for future growth. Mixed uses (vertical and horizontal) are encouraged. Medium to larger scale neighborhood and regional uses. Densities in this area typically range from 20-100 units per acre, with 75-150 units per acre within ¼ mile of an LRT station platform. Estimated 40% commercial and 60% residential. Minutes of the Planning & Zoning Commission, December 17, 2019 – Page 1 PLANNING & ZONING COMMISSION MINUTES December 17, 2019 A regular meeting of the Hopkins Planning & Zoning Commission was held on December 17, 2019 at 6:30 p.m. in the Raspberry Room at Hopkins City Hall. Present were Commission Members Gerard Balan, Samuel Stiele, Nathan White, Emily Fiamova, and Kristen Hanneman. Commissioners Laura Daly and Elizabeth Goeman were absent. Also present was City Planner Jason Lindahl. CALL TO ORDER Chairperson Balan called the meeting to order at 6:30 p.m. ADOPT AGENDA Commissioner Hanneman moved, Commissioner Stiele seconded, to adopt the agenda. The motion was approved unanimously. OPEN AGENDA – PUBLIC COMMENTS/CONCERNS – None. CONSENT AGENDA Commissioner Hanneman moved, Commissioner Stiele seconded, to approve the minutes of the October 22, 2019 regular meeting. The motion was approved unanimously. PUBLIC HEARING – None. OLD BUSINESS – None. NEW BUSINESS 1. Review Zoning Standards Related to Massage Therapy Mr. Lindahl gave an overview of this item stating that this item is for review and discussion only. Staff is looking for feedback from the Planning Commission and seeks further direction about potential changes to the City’s massage therapy regulations. The key question to consider is: should Hopkins allow independent Massage Therapy Establishments or continue the current policy, which limits these businesses to an accessory use? Mr. Lindahl continued with background on current message therapy regulations in Hopkins and the reason for reviewing these regulations now. Discussion from the Commission included: • Have the current regulations stopped any illegal activity? • Continue to prohibit massage businesses as a home occupation • Illegal activity can take place in many types of businesses, not just massage therapy • The previous problem with illegal activity operating under massage therapy businesses was solved with the 2013 ordinance. Would making changes risk these activities starting again? Minutes of the Planning & Zoning Commission, December 17, 2019 – Page 2 • The City should continue to protect small businesses in the downtown area by not allowing franchises • Allowing massage therapy as an accessory use as stated in the current ordinance is the best compromise for massage therapists to operate in Hopkins without permitting large franchises • Staff should research what communities similar to Hopkins have for massage therapy regulations and report back to the Commission. After thorough discussion, the Commission was split on the question whether Hopkins should allow independent Massage Therapy Establishments or continue the current policy, which limits these businesses to an accessory use. Commissioners Balan and White were supportive of changes while Commissioner Hanneman was opposed. Commissioners Fiamova and Stiele were unsure and requested more information. Staff will research massage standards in similar communities and report back to the Planning & Zoning Commission at a future meeting. 2. Review Zoning Standards Related to Electronic Signs Mr. Lindahl gave an overview of this item stating that this item is for review and discussion only. Staff received a letter from Zion Lutheran Church requesting the City consider changes to the zoning regulations for electronic signs. Specifically, the church asked about changes regarding the length of time currently required between message changes. The current regulations require that message changes in electronic signs be made no more than once every 24 hours. Mr. Lindahl presented the Commission with the background on these regulations and the variety of standards in surrounding communities. The Council is seeking feedback from the Planning Commission on the duration of time between message changes. Discussion from the Commission included: • Less than 2 minutes between message changes may be too frequent and distracting, but could be lessened from the current 24-hour requirement • 30 minutes was suggested as a possible duration limit • Is there any input from neighbors of current properties with electronic signs? Broader engagement from the community would be part of the process should the Council move forward with making any changes to the standards • The surrounding land use pattern and type of road are important. Look into creating different regulations based on zoning and road classification. It is important to protect residential use • Updating standards to include electronic dynamic sign regulations • Interest in more information or studies on the subject if available. After thorough discussion, the Commission was generally in favor of revisiting the electronic sign ordinance standards related to the duration between message changes and updating the standards to apply to current technology options. Minutes of the Planning & Zoning Commission, December 17, 2019 – Page 3 ANNOUNCEMENTS During the announcements, City Planner Jason Lindahl updated the Planning & Zoning Commission on the following items: • Planning applications for Two Men and a Truck and Bank of America were approved by the City Council at their November 18, 2019 meeting. • The Beacon item from the November 4 meeting and was further discussed at the November 12 work session. The first reading of the item was approved at the December 3 meeting and the second reading will be discussed at the December 17, 2019 meeting. • The February 25, 2020 Planning Commission meeting is scheduled on caucus night. Although state law only requires City Council meetings be moved for this conflict, staff suggests moving the meeting to Monday, February 24. The Planning Commission had no objections to the change. ADJOURN Commissioner Fiamova moved, Commissioner Hanneman seconded, to adjourn the meeting. The motion was approved unanimously. The meeting was adjourned at 7:30 p.m. Respectfully submitted, Courtney Pearsall Administrative Assistant