IX.1. Zoning Ordinance Text Amendment First Reading - Massage Uses; Lindahl
June 1, 2021 City Council Report 2021-058
First Reading of Ordinance 2021-1170 Amending the Hopkins City Code Related to
Massage Therapy
Proposed Action: Move to adopt Resolution 2021-031, approving the first reading of
Ordinance 2021-1170 Amending the Hopkins City Code Chapters 10 and 102 and Appendix A
regarding 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 City Council last reviewed this item during the April 14th work
session (see attached minutes). During that meeting the Council directed staff to prepare an
ordinance to amend the City Code related to massage therapy. Staff has prepared the ordinance
as directed and the Planning & Zoning Commission held a public hearing to review it during
their May 25th meeting. Prior to the Planning & Zoning Commission meeting, staff received
three email comments in support of the ordinance changes (see attached). Both the Planning &
Zoning Commission and staff recommend the City Council approve this item. Should the City
Council approve the ordinance, it would make the following changes:
• Definitions. Update the definition of “Massage Therapy Establishment” to include one or
more massage therapists providing services to the public.
• Maximum Number of Licenses. No more than four establishments in the city.
• Transfers. Language allowing nonconforming businesses to relocate to allowed zones.
• Signs. Exterior signs shall be required to include more than just the word “massage.”
• Hours of Operation. Hours of operation limited to 9:00 a.m. to 8:00 p.m. daily.
• Zoning. Permitted use in the B-2, Central Business and B-3, General Business Districts.
• License Fee. Update fee to cover background checks and administration time.
Primary Issues to Consider
● Background
● Code Text Amendment
● Potential Non-Conformity Issues
● Alternatives
Supporting Documents
● Resolution 2021-031
● Ordinance 2021-1170
● Email Comments
● Zoning Map
● April 13, 2021 City Council Work Session Minutes
● Future Land Use Map & Category Descriptions
_____________________
Amy Domeier, City Clerk
Jason Lindahl, City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2021-058
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.
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 & Zoning Commission Action. The Planning & Zoning Commission reviewed this
item (Planning Application 2021-08) during their May 25, 2021 meeting. During the meeting,
the Commission heard a presentation from staff and held a public hearing that included
comments from Sue Fullerton of 306 – 13th Avenue North. Ms. Fullerton read a statement in
support of the proposed changes and asking for extended morning hours of operation to 7:00
AM at least two days a week. Staff also received two other emails in support of the proposed
changes from Erin Fullerton-Kelly of 15708 North Lund Road, Eden Prairie and Keri Fullerton
of 306 – 13th Avenue North. All three emails are attached for your reference.
The Commission had general discussion of this item which indicated consensus support for the
proposed changes. Chairperson Balan indicated support for both extending the hours of
City Council Report 2021-058
Page 3
operation and increasing the number of allowed massage therapy licenses.
CITY CODE TEXT AMENDMENT
Proposed Regulations. The attached draft ordinance would make changes to both the zoning
and licensing standards for Massage Therapy. The proposed ordinance was drafted by the City
Council and in consultation with the Police and Fire Departments as well as the City Attorney and
includes their recommendations and comments. The proposed changes are summarized below
and detailed in the attached draft ordinance.
• Definitions. Updated the definition of “Massage Therapy Establishment” to include one or
more massage therapists providing services to the public.
• Maximum Number of Licenses. No more than four establishments in the city. Two
current massage therapists operating as establishments would count towards the total number
allowed.
• Transfers. Language allowing nonconforming businesses to relocate to allowed zones.
• Signs. Exterior signs shall be required to include more than just the word “massage.”
• Hours of Operation. Hours of operation limited to 9:00 a.m. to 8:00 p.m. daily. This item
was added as directed by the City Council during the April work session.
• Zoning. Permitted use in the B-2, Central Business and B-3, General Business Districts. This
item was modified since the work session as directed by the Council. It now includes the B-
2, Central Business district and allows massage therapy along all of Mainstreet.
• License Fee. Update fee to cover background checks and administration time. The current
cost for staff to conduct a background check for a new massage therapy licenses ranges from
$163 to $175. The proposed fee changes are also based on fees charged by neighboring
communities. Updated fees have been added to the ordinance.
Zoning Code Review. 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. The three criteria used
to evaluate a zoning code text amendment and staff’s findings for each are provided below. Based
on this analysis, staff is recommending approval.
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
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.
City Council Report 2021-058
Page 4
• 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
previous owner.
ALTERNATIVES
1. Vote to approve the first reading of Ordinance 2021-1170. By approving the first reading
of this ordinance, this application to establish massage therapy businesses as permitted uses in
City Council Report 2021-058
Page 5
the B-2, Central Business and B-3, General Business districts will move forward for a second
reading and formal approval at the June 1, 2021 City Council meeting.
2. Vote to deny the first reading of Ordinance 2021-1170. By denying the first reading of this
ordinance, this application to establish massage therapy businesses as permitted uses in the B-
2, Central Business and B-3, General Business districts will not move forward for formal
approval at the May 18, 2021 City Council meeting. Massage therapy businesses will remain
accessory uses in the Business districts. Should the City Council consider this option, it must
also identify specific findings that support this alternative.
3. Continue for further information. If the City Council concludes that further information is
needed, the items should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2021-031
A RESOLUTION APPROVING THE FIRST READING OF ORDINANCE 2021-1170
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 Chapters 10
and 102 and Appendix A 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 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.
4. That during the May 25, 2021 regular meeting the Planning & Zoning Commission of the
City of Hopkins approved a motion recommending the City Council approve this item.
WHEREAS, The City Council of the City of Hopkins reviewed this item during their June 1,
2021 meeting and agreed with the findings and recommendation of the Planning & Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves the first reading of Ordinance 2021-1170 amending the City Code Chapters 10 and 102
and Appendix A regarding massage therapy based on the findings of fact detailed in City Council Report
2021-058 dated June 1, 2021.
Adopted this 1st day of June, 2021.
___________________________________
Jason Gadd, Mayor
ATTEST:
____________________________________
Amy Domeier, City Clerk
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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
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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.
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(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 $175.00___ New licenses
Massage establishment license $25.00 $200.00____ Per year
Massage establishment investigation $50.00 $175.00____ 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
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By: ____________________________
Jason Gadd, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
From:noreply@civicplus.com
To:Courtney Pearsall; Jason Lindahl
Subject:[EXTERNAL] Online Form Submittal: Planning & Zoning Commission Virtual Meeting Participation
Date:Monday, May 24, 2021 5:45:46 PM
Planning & Zoning Commission Virtual Meeting Participation
Due to the technical requirements associated with virtual meetings, we strongly
encourage you to provide your question/comment prior to the meeting in one of
two ways listed below:
-Via the question/comment box on this form
-Via phone at 952-548-6342 during normal business hours (8 a.m. - 4:30 p.m.)
All comments must be submitted by noon the day of the meeting in order to be
included.
If, despite technical difficulties, you want to make your comment online or via
phone during the meeting, please check the box at the bottom of the form, provide
your email and phone number, and someone will be in contact with you with
further instructions.
First Name Erin
Last Name Fullerton Kelly
Address 15708 North Lund Road
City Eden Prairie
State MN
Zip Code 55346
Phone Number 7012004992
Email Address otakatoe3@gmail.com
Question/Comment
(will be read at
meeting)
I would like to support the opportunity for stand alone massage
therapy businesses esp in regard to Keri Fullerton.
I want to provide verbal
comment during the
meeting:
Field not completed.
Email not displaying correctly? View it in your browser.
From:noreply@civicplus.com
To:Courtney Pearsall; Jason Lindahl
Subject:[EXTERNAL] Online Form Submittal: Planning & Zoning Commission Virtual Meeting Participation
Date:Monday, May 24, 2021 8:28:58 PM
Planning & Zoning Commission Virtual Meeting Participation
Due to the technical requirements associated with virtual meetings, we strongly
encourage you to provide your question/comment prior to the meeting in one of
two ways listed below:
-Via the question/comment box on this form
-Via phone at 952-548-6342 during normal business hours (8 a.m. - 4:30 p.m.)
All comments must be submitted by noon the day of the meeting in order to be
included.
If, despite technical difficulties, you want to make your comment online or via
phone during the meeting, please check the box at the bottom of the form, provide
your email and phone number, and someone will be in contact with you with
further instructions.
First Name Keri
Last Name Fullerton
Address 306 13th Ave N
City Hopkins
State MN
Zip Code 55343
Phone Number 701-200-4963
Email Address Fullertonkeri@gmail.com
Question/Comment
(will be read at
meeting)
I am a massage therapist who graduated from the highly
regarded Centerpoint School and Clinic five years ago. I have
worked in surrounding communities, building towards the
opportunity to establish myself in Hopkins. My business, Thrive
Therapeutic Massage, will provide both relaxing and healing
modalities. Types o f massage will include: Swedish, deep tissue,
sports, trigger point, aromatherapy, and hot stone. My clientele
has included retirees, athletes, those that are pregnant, and
those suffering from injuries. Massage therapy can benefit many
people dealing with various afflictions. I have personally
experienced the joy of client’s relief from pain, and strive to
continue to provide these healing opportunities to more people.
As a resident it is my hope to become a part of the Hopkins small
business community. I have a strong desire to not only provide
an excellent service but to contribute to Hopkins.
I want to provide verbal
comment during the
meeting:
Field not completed.
Email not displaying correctly? View it in your browser.
From:SUE FULLERTON
To:Jason Lindahl
Cc:Brian Hunke
Subject:[EXTERNAL] Re: [EXTERNAL] Planning and Zoning Commission meeting May 25th
Date:Monday, May 24, 2021 7:58:34 PM
Greetings Jason,
I am going to the website to request a spot to come in person to the meeting tomorrow
evening. I have read all the requirements and am fully aware. I will come no earlier than 5
minutes prior to the meeting as outlined. Below is my comment which I can read during the
meeting or have read. It is my preference to read it myself to the commission. Keri, Erin, and
Krisha will attend virtually and have requested a link to the meeting. Again, we appreciate the
opportunity.
My Statement:
My family and I have been Hopkins's residents since 2014 and consider this our home. Currently I am
a licensed mental health therapist, the COO for Lee Carlson Center for Mental Health and the
business manager for Thrive therapeutic Massage. As business manager I am here to represent Keri
Fullerton who is the owner of Thrive Therapeutic Massage and a certified massage therapist.
We thank you for the previous work you have done to propose a change in the ordinance and allow
for a standalone massage therapy proprietor. It is our hope to open a small business whose primary
service is massage therapy in our home community of Hopkins. We believe this is an important
health and well-being service that we would like to provide to Hopkins's residents. We have enjoyed
the multitude of small businesses that Hopkins offers. We have appreciated the cities support of
small businesses and the community that has been created because of this investment and
foresight.
At this time, we have one request beyond what has already been outlined in the proposed
ordinance: that hours of operation be extended to allow for two mornings that open at 7am. This
would allow a client opportunity to schedule an appointment prior to the workday. Before and after
work hours are vital to accommodate those clients that work more traditional hours.
We would very much like to be a part of the Hopkin’s business community by offering a quality
service that follows all city guidelines, has high ethical and health standards, and contributes to what
is already a great place to live.
Again, thank you for the openness to consider the changes proposed.
From: Jason Lindahl <jlindahl@HOPKINSmn.com>
Sent: Monday, May 24, 2021 10:29 AM
To: SUE FULLERTON <fullertonsue@msn.com>
Subject: RE: [EXTERNAL] Planning and Zoning Commission meeting May 25th
Hi Susan – You can participate in the meeting either online or there are a limited number of in-
person reservations available. This is the only public hearing on the agenda and I don’t think we’ve
had any other requests to participate in-person. You can sign up to participate either online or in-
person on the City’s website by clicking here.
If you would like to send me written comment through email, I can also share them with the
Planning & Zoning Commission during the meeting.
Thanks
Jason
Jason Lindahl | City Planner | City of Hopkins
1010 1st St S | Hopkins, MN 55343 | 952-548-6342 | 952-935-1384 Fax
www.hopkinsmn.com
From: SUE FULLERTON [mailto:fullertonsue@msn.com]
Sent: Saturday, May 22, 2021 5:35 PM
To: Jason Lindahl <jlindahl@HOPKINSmn.com>
Subject: [EXTERNAL] Planning and Zoning Commission meeting May 25th
Greetings,
I and a few others would like to attend the Tuesday, May 25th Planning and Zoning
Commission meeting. I am unsure if it is virtual or face-to-face.
The following would like to be included: myself, Keri Fullerton (fullertonkeri@gmail.com), Erin
Kelly ( Otakatoe3@gmail.com) and Krisha Crabtree (krishacrab@yahoo.com ).
Our request is to speak about the opportunity of opening a massage therapy business in
Hopkins. We are thankful for the work you have already done to make this possible. Just as a
heads up we will be advocating to expand the allowed hours of service to best accommodate
working clients who may need to schedule before the workday. We will request two days of
earlier work hours.
We look forward to meeting with you and again thank you for your work.
Hopkins's resident,
Susan Fullerton
R-2
R-1-D
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INS R-1-A
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TextR-2
Closed Landfill Restricted
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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)
HOPKINS CITY COUNCIL
WORK SESSION PROCEEDINGS
APRIL 13, 2021
CALL TO ORDER
Pursuant to due call and notice thereof a work session of the Hopkins City Council was
held on Tuesday, April 13, 2021 at 6:30 p.m. in the Council Chambers at City Hall, 1010
1 S' Street South.
Mayor Gadd called the meeting to order with Council Members Beck, Brausen, Halverson
and Hunke attending. Others attending included City Manager Mornson, Assistant City
Manager Lenz, City Planner Lindahl, City Clerk Domeier and City Engineer Stanley.
Mayor Gadd provided information on the meeting format and other opening remarks.
REVIEW OF CODE REQUIREMENTS FOR MASSAGE THERAPY
ESTABLISHMENTS; DOMEIERILINDAHL
City Clerk Domeier provided a summary of the staff memorandum and requested
feedback on the proposed ordinance amending Chapter 10. City Planner Lindaht
further explained the zoning requirements noting this change is being considered during
the middle of the zoning code update.
Council Member Brausen favored moving forward because a current resident is looking
to open a business. He was concerned about the restrictions on Mainstreet but
supported the proposed signage requirements.
Council Member Hunke requested history on the changes that occurred in 2013. City
Planner Lindahl explained that the changes were adopted due to illegal activity.
Council Member Beck supported opening it to the B-2 and B-3 districts and reducing the
license limit to three. Council Member Hunke concurred with Mr. Beck and suggested
adding a limitation on hours of operation.
Mayor Gadd supported business growth and recalled being on the Council during 2013.
He supported including Mainstreet, B-2, regulating hours of operation and signage.
City Clerk Domeier questioned changes to fees. The City Council supported having
fees in place to cover the costs to administer the licenses and conduct background
checks.
Staff will revise the ordinance based upon Council's suggested changes to zoning,
hours, limit on establishment ficenses, signage and fees. A public hearing is required
for the zoning change at the Planning Commission level before it returns to the City
Council for consideration.
2022 PROJECTS AND RECONSTRUCTION PROGRAM UPDATE; STANLEY
City Engineer Stanley provided a summary of projects scheduled for 2022 construction in
the CIP and the streets left to reconstruct under the pavement management program.
HOPKINS CITY COUNCIL
WORK SESSION PROCEEDINGS
APRIL 13, 2021
Council Member Brausen questioned the tim line for the 2022 Street and Utility Project.
The traffic on 6tn 7tn and Sth has changed since the installation of the Artery. He was
sensitive to the traffic on 6th and encouraged coordination with neighborhood residents.
He supported moving forward with a feasibility report. Council Member Hunke questioned
the sidewalk and streetlight replacement. Mr. Stanley provided information on
replacement and upgrades. Further discussion was held about potential speed along
6tn
Avenue. Mr. Stanley will bring an item to order the study to an upcoming City Council
meeting.
Discussion was held on the trunk water main rehab. Mr. Stanley explained how temporary
lin s are trenched in and used during the process. Based upon the assessment of the
project a timeline can be predicted.
Mr. Stanley also provided information on the status of pavement reconstruction noting the
focus will be largely in the Avenues.
Council Member Halverson requested that Mr. Stanley provide an update on the Blake
Road and Excelsior Boulevard road closures.
OTHER
None.
ADJOURNMENT
There being no further information to come before the City Council and upon a motion by
Beck, second by Brausen, the meeting was unanimously adjourned at 7:38 p.m.
Respectfully Submitted,
Amy Domeier, City Clerk
ATTEST:
J n Gadd, Mayor
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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.