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CR 04-189 Zoning Ordinance Amendments G \ T Y Or:: ~ December 1, 2004 1-i0PKINs Council Report 04-189 . ZONING ORDINANCE AMENDMENTS - INDUSTRIAL DISTRICTS Proposed Action, Staff recommends the following motion: Move to adopt Resolution 04-90, approvin,g for first reading Ordinance 04-937, adopting ordinance amendments to the industrial section of the zoning ordinance regarding the percentage of retail. At the Zoning and PImming meeting Mr. Aamess moved and Mr. 5holtz seconded a motion to adopt Resolution RZ04-38, recommending approval of Ordinance 04-937, adopting ordinance amendments to the industrial section of the zoning ordinance regarding the percentage ofretail. The motion was approved unanimously. Overview. There has been a concern regarding the percentage of retail space allowed in the industrial district. The existing zoning ordinance allows up to 25 percent of the space in a building to I be Llsed for retail. The proposed amendments to the ordinance would allow retail up to 10 percent as a pennitted use and over 10 percent up to 25 percent as a conditional LIse pel1l1it. . The stipulation of a conditional use pemlit will require the applicant to confonn vvith section 525.13 of the zoning ordinance. Subdivision 161 can require the applicant to have a traffic study completed. Primary Issues to Consider. . Should the percentage of retail be changed in the industrial district? . What is the staff reconunendation? . What was the discussion at the Zoning and Planning meeting? Supporting Documents. . Analysis of Issues . Resolution 04-90 . Ordinance 04-937 J j r i -, ii,' , _ I hi ('_\" \ l,,~ h \.J~ i I Nancy'S. Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: - Related Documents (CIP, ERP, etc,): Notes: . CR04-189 Page 2 . Primary Issues to Consider. . Should percentage of retail be changed in the industrial district? The existing ordinance allows up to 25 percent of a building to be a retail use. There are some large industrial buildings that could have 25 percent of the building as retail. Many of these buildings are not in a retail location or designed to have large amounts of retail. The proposed ordinance win allow a retail use in the industrial districts as a permitted use under 10 percent and over 10 percent and under 25 percent as a conditional use permit. The conditional use process will allow the City to review retail uses over 10 percent in industrial areas. . 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 amendments with the Commission. No one appeared at the public hearing on this item. . Alternatives. l. Approve the zoning amendment to change the amount of retail space allowed in the industrial districts. By approving the zoning amendment to change the percentage of retail space in industrial districts, the zoning ordinance will be amended. 2. Deny the zoning amendment to change the amount of retail space allowed In the industrial districts. By denying the zoning amendment to change the percentage of retail space in industrial, the zoning ordinance will not be amended. If the City Council considers this alternative, findings will have to be identified that support this altemative. .... Continue for further infol111ation, If the City COLlllcil indicates that further information is .1. needed, the item should be continued. . CITY OF HOPKINS . Hennepin County, Minnesota RESOLUTION NO: 04-90 RESOLUTION MAKING FiNDINGS OF FACT AND APPROVING ORDINANCE AMENDMENTS REGARDING RETAIL SPACE IN INDUSTRIAL DISTRICTS WHEREAS, an application for Zoning Amendments ZN04-14 has been made by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendments was made 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 November 30, 2004: 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 Amendments ZN04- 14 is hereby approved based on the following Findings of Fact: 1. That the proposed amendments protect the health, safety, and welfare of the community. Adopted this 7th day of December 2004. Eugene J. Maxwell, Mayor ^ TTEST: - Teny Obennaier, City Clerk . -- -,- -- - - -- - - -- -- - - -- . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2004-937 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: That the Hopkins Zoning Ordinance No. 515-570 be amended by amending and adding the following section: 540.03 Conditional uses: I district. The following uses are pennitted conditional uses in I uistri cts: p) retail or service uses exceeding 10 percent but not more than 25 percent. 540.05 Pennitted accessory llses. The following are pem1itted accessory uses in I districts: e. retail or service uses with the following provisions: L retail or service uses not exceeding 10 ~ percent of the gross floor area of the . principal structure. 2. the retail or service activity is located within a structure whose principal use is not retail sales. 3. the retail or service activity is accessory to the principal industrial use. First Reading: December 7, 2004 Second Reading: December 21, 2004 Date of Publication: December 30, 2004 Date Ordinance Takes Effect: December 30, 2004 Eugene J. Maxwell, Mayor ATTEST: . Teny Obermaier, City Clerk . APPROVED AS TO FORM AND LEGALITY: City Attol11ey Signature Date . .