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CR 2004-064 Zoning Ordinance Amendment- East End Overlay District ',i I 'c ~ e Apri 1 28, 2004 '. ,.,.. Council Report 04-64 1/1_' p ~ f r J '~ ZONING ORDINANCE AMENDMENT - EAST END OVERLAY DISTRICT . Proposed Action, Starr recommends the following motion: Move to adopt Resolution 04-33, approvin~ Ordinance 04-921, placing an overlay district on the east end for first reading At the Zoning and Planning meetlng, Ms. Aristy moved and Mr. Sholtz seconded a motion to adopt Resolution RZ04-1 0, recommendlng approval of Ordinance 04-921, placing an overlay district on the east end, The motion was approved unanimously. Overview, In 2001, the East End Study was initiated to look at the future land use for an area on the cast side of the City, This study area is generally east of 169 and west of Blake Road and north of Excelsior Boulevard. The City wanted to have a plan to direct future redevelopment of this area. The upgrading of Excelsior Boulevard along with several sites that have been redeveloped and will be redeveloped and potential transit opp0l1tmities make this area a likely area for continuing redevelopment. Along with the land use and market study component, the study also addressed a potential beautitication project that could be implementeu to Blake Road, north of Excelsior Boulevard. The Metropolitan Council provided a majority of the funding for the study. There were several neighborhood meetings held to get input from the property owners and business O\vners in the area, and there was also a survey that was sent out to get opinions. The . Planning Commission reviewed the study and there were several joint meetings with tIle City Council and the Planning Commission to review the study. In August of 2003, the City Council adopted the East Hopkins Land Use and Market Study and directed staff to proceed with the implementation of the study. This is the first step in the process. Primal-V Issues to Consider, . What is an overlay district? . What are the proposed boundaries of the overlay district? . What is the pUlVose of an overly district? . What was the discussion at the Zoning and Planning meeting? Supporting Documents. . Analysis of Issues . Resolution 04-33 . Ordinance 04-921 . Financial Impact: $ N/A Budgeted: Y/N Source: l - Related Documents (CIP, ERP, etc,): I Notes: \ CR04~64 Page 2 . Primary Issues to Consider. . What is an overlay district? An overlay district is an area with restrictions beyond those in the underlying zone, An overlay district is usually used when there is a special public interest in an area that does not coincide with tlle traditional zoning areas. This overlay district divides the area into six arcas, and i fthere is to be a redevelopment the parcels in the area have to be assemb led into a redevelopment area, . What are the proposed boundaries of the overlay district? The proposed boundaries of the overlay district are on the attached map. Numbers indicates the sub-di stricts. . "'hat is the purposed of an overlay district? The overlay district will allow the existing land uses to continue, In the future, when there is an opportunity to redevelopment a module, the overlay district will provide guidance on the uses for the redevelopment. This is the first step in implementing the East End Study, the City will be looking at different zoning districts for this area. e . What was the discussion at the Zoning and Planning meeting'! Ms, Anderson reviewed the proposed overlay district for the east end, The owner of Custom Pools appeared before the Commission, She asked if the lots had to be assembled for redevelopment. Ms. Anderson responded that they had to be assembled for redevelopmeilt. John Newport, one of the owners of the former Dune Buggy Supply building, appeared before the Commission, Mr. Newport stated that they would like to clean up the building, but they have a parking problem. Ms. Anderson stated that they do have a parking problem, but that was another issue. Nelson Berg, representing Charles Ho]t, appeared before the Commission, Mr. Berg was conccmed with leasing a tenant for long term with the future redevelopment of the area. Mr. Sholtz stated that they are the Planning Commission and they are looking at this area for the long teml and what we want Hopkins to look like ill 20 years, Gary Wilson appeared before the Commission. Mr. Wilson was concemecl that the modules were loo small and should we be looking to make them larger. Altern atives, . 1, Approve the overlay district. By approving the overlay district, an overlay district wi11 be placed on the east end. CR04-64 Page 3 . 2. Deny the overlay district. By denying the overlay district, an overlay district will not be placed on the east end, If the City Council considers this altemative, findings \vil1 have to be identified that suppOli this alternative. 3, Continue for further infomlatioll. If the City Council indicates that further info1l11ution is needed, the item should be continued. e . CITY OF HOPKINS . Hennepin County, Minnesota RESOLUTION NO: R04-33 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN OVERLAY DISTRICT FOR THE EAST END WHEREAS, an application for an overlay district ZN04-3 has been made by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendmel1ts was made by the City of Hopkins; ') That the Hopkins Zoning and Planning Commission published notice, held a public hearing on the application and reviewed such application on October 28, 2003, and November 25, 2003, December 30, 2003, January 27, 2004, February 24, 2004, and March 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-J is hereby approved based on the following Findings of Fact: 1. In the fall of 2002, Hennepin County undertook an expansion and improvement of Excelsior Boulevard. ') The City of Hopkins contracted with Hoisington Koegler Group Tnc, for an East Hopkins Land Use and Market Analysis. 3, The study consists of the [allowing components: planning and urban design, market analysis, and public finance. 4. That there was a need for a study to be conducted so the City Council could determine whether it is necessary to amend the City's Existing Ordinances, Regulations and Official Controls or adopt new ordinances relating to land use amendments and subdivisions following the improvement of Excelsior Boulevard, 5, In the fall of2003 the study was completed and adopted by the City Council. 6, The study recommended that an overlay district be placed on certain areas on the nOl1h side of Excelsior Boulevard following the improvement of Excelsior Boulevard. Adopted this 4th day of May 2004. . Eugene 1 Maxwell, Mayor ATTEST: Terry Obennaier, City Clerk CITY OF HOPKINS . Hennepin County, Minnesota ORDINANCE NO. 04-921 AN ORDINANCE ESTABLISHING AN OVERLAY DISTRICT Finding of Fact: The Hopkins City Council in 2001 commissioned a study of the "East End" of Hopkins, an area encompassing primarily the properties lying adjacent to Excelsior Boulevard and Blake Road, The study's primary pllllJose was to identify and evaluate the development and redevelopment challenges and opportunities \vithin the study area, To receive the study's rull benefit, the City Council in December 2002 approved an Interim ordinance imposing a moratorium 011 all forms of land use development in the study area. The study report, the "East Hopkins Land Use & Market Study," was presented to the City Council in July 2003. The moratorium was extended llntilJlllle 2004 to pem1it the City Council to evaluate the study's findings. In accord with its adoption of the study, and to facilitate implementation of the study's recommendations reganling redevelopment of Hopkins' east end, the City Council finds it is necessary and appropriate to make changes to Hopkins' Comprehensive Plan and to the Hopkins 70ning ordinance and other land use controls. The City Council, therefore, creates by ordinance the East End Redevelopment Overlay District The purpose and intent of creating the District is . to ensure a high quality of development and redevelopment along Excelsior Boulevard by providing guidance and flexibility to establish new, mixed-use development in the District. THE cou~cn~ OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: Section 543 East End Redevelopment Overlay District 543.01 Purpose and Boundaries of Overlay District. The City has detel111ined that certain lands lying adjacent to and in proximity with Excelsior Boulevard may be desirable for development and redevelopment. Tn order to promote planned, responsible growth in accordance with the Comprehensive Plan, these lands shall be subject to a redevelopment overlay district that shall be further divided into sub districts. The boundaries of the overlay district and sub districts are shown on Figure 1-1 of this ordinance. 543,02 Redevelopment Requirements. Lands within the Overlay District will be considered for development and redevelopment and/or concept plan approval only upon compliance with all provisions of the zoning ordinances, the Comprehensive Plan and the following specific items: Suhd, 1 Redevelopment Overlay District No.1. . a) Lands lying within Redevelopment Overlay District No. ] as shown on the sub-di strict boundaries map (figure 1-1) must be asscmb led into one uni fled redevelopment area. b) Hopkins Code Section 565 Planned Unit Development . Subd, 2 - Redevelopment Overlay District No,2. a) Lands lying within Redevelopment Overlay District No.2 as shown on sub-district boundaries map (figure 1-1) must be assembled into one uni fi cd redevelopment area, b) Hopkins Code Section 565 Planned Unit Development Subd, 3 - Redevelopment Overlay District No.3. a) Lands lying within Redevelopment Overlay District No.3 as shmvn on the sub-district boundaries map (figure 1-1) must be assembled into one unified redevelopment area, b) Hopkins Code Section 565 Planned Unit Development Subd. 4 - Redevelopment Overlay District No.4. a) Lands tying \vithi11 Redevelopment Overlay District No.4 as shown on [he sub-district boundaries map (figure 1-1) must be assembled into one uni fi ed . redevelopment area. b) Hopkins Code Section 565 Planned Unit Development Subd. 5- Redevelopment Overlay District No.5. a) Lands lying within Redevelopment Overlay District No.5 as shown 011 the sub-district boundaries map (figure 1-1) must be assembled into one unified redevelopment area. b) Hopkins Code Section 565 Planned Unit Development Subd,6 - Redevelopment Overlay District No.6. a) Lands lying within Redevelopment Overlay District No.6 as shown on the sub-district boundaries map (figure 1-1) must be assembled into one unified redevelopment area. b) Hopkins Code Section 565 Planned Unit Development . Subd, 7. Grandfather. Any building, structure, or parking area that lawfu]]y exists at the time Ordinance 04-921 is enacted, may be continued in the same manner as existed before the effective date of the Ordinance, but any future development or redevelopment shall be subject to this Section. Additions to existing buildings arc pcnnitted if the modified building or structure . complies \vith the underlying zoning requirements, 543.03 Concept Plan -- Required A concept plan that complies with the requirements of this section and which has been approved by the City shall be required for propeliy in an overlay sub district for which redevelopment is proposed, Property whicll is the subject of a concept plan shall be under unified ownership or control and be made subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved concept plan and flllal site and building plans. A proposed concept plan shall be submitted to the City Planning and Zoning department for review of its compliance with this Ordinance. Upon approval of the concept plan, individual elements of the redevelopment project may be undertaken through the site plan revie\v process, Redevelopment projects in an overlay sub district may be constructed as a single phase or may be constructed in lllultiple phases in accordance with an approved concept plan. The City may require that the concept plan be referred to the Planning Commission Cor IT\'iew. First Reading: May 4, 2004 Second Reading: May 18,2004 Date of Publication: May 27, 2004 . Date Ordinance Takes Effect: May 27,2004 Eugene J. Maxwell, Mayor ATTEST: Terry Obcrlllaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attomey Signature Date . ~ ~ ~ ~ ~~ ~. "'fJ ~~ ..... (? ~. /. n ~ f"'r ~ l' ~ ~ ~~ ~ q ~ ~ ,;.. ~. ~, ~~ ~ ~ .... n ~ .... @ ~ tit cJ' (p \..-. -