V. 2. 2023-07 314 Mainstreet (Walser Chrysler) Planned Unit Development and Amended Conditional Use Permit CITY OF HOPKINS
Planning Application 2023-07
To: Planning and Zoning Commission Chair and Members of the Commission
From: Ryan Krzos, City Planner
Date: July 25, 2023
Subject: 314 Mainstreet (Walser Chrysler) Planned Unit Development and
Amended Conditional Use Permit
_____________________________________________________________________
RECOMMENDED ACTION
MOTIONS TO:
Adopt Planning & Zoning Resolution 2023-09, recommending the Hopkins City
Council approve the PUD Overlay Rezoning Ordinance and granting PUD Site Plan
approval for 314 Mainstreet (Walser Chrysler).
Adopt Planning & Zoning Resolution 2023-10, recommending the Hopkins City
Council approve the Conditional Use Permit Amendment allowing an expansion to the
vehicle sales and service use at 314 Mainstreet (Walser Chrysler).
OVERVIEW
Walser Real Estate Inc. requests land use approvals to allow an expansion of the
Walser Chrysler vehicle sales lot at 314 Mainstreet onto property acquired from the
Hennepin County Railroad Authority located to the south of the facility. The project
would consist of expansion to the paved area for the storage of inventory vehicles and
employee parking. No new buildings or building additions are proposed with this
application. The plans for the proposed expansion would conflict with multiple provisions
of the development code in part due to the existing legal nonconforming nature of the
facility and operational needs. As such, the applicant is seeking the planned unit
development form of approval to facilitate the expansion. Expansion of the facility also
requires an amendment to an existing conditional use permit for the facility. The
Planning and Zoning Commission is to conduct a public hearing on this item and
provide a recommendation on the requests to the City Council.
PRIMARY ISSUES TO CONSIDER
•Background
•Legal Authority
•Zoning Review
•Alternatives
SUPPORTING INFORMATION
•Planning and Zoning Commission Resolutions 2023-09 & 2023-10
•Owner’s Application and Exhibits
Planning & Development
BACKGROUND
The subject property is zoned MX-S, Mixed-Use Suburban Center and is guided as
Downtown Center in the 2040 Comprehensive Plan. The parcels comprising the site
total 6.16 acres in size. City records indicate that automobile related uses have been
operating on this block of Mainstreet since at least the 1960s. Beginning in the 2000s
Walser expanded the facility through acquisition of properties to the west of the current
building, eventually owning the entire block. With each expansion, the City reviewed
and approved amendments to the conditional use permit that was granted to construct
the original building, as vehicle sales uses have been classified as a conditional use in
the property’s zone since that time. Vehicle sales and service uses remain a conditional
use in the MX-S zone.
Walser Real Estate Inc. recently acquired a 0.71-acre parcel from the Hennepin County
Rail Road Association (HCRRA) south of the sales lot. This parcel was part of an
abandoned railroad corridor from Hopkins to Victoria that HCRRA purchased from the
Chicago North Western Transportation Company in 1981. The Lake Minnetonka
Regional Trail is located within this corridor; however, the construction of the 8th
Avenue Artery eliminated the need to retain the parcel abutting Walser Chrysler in
public ownership for future transit or transportation purposes. Walser had previously
leased a large portion of the area in question for use as recently as 2009. However
much of the area was converted to greenspace, save for a strip of pavement that was to
be part of the regional trail. Walser Real Estate Inc. has now come forward with plans to
expand the sales and parking lot onto the property it now owns.
PUBLIC COMMENT
These planned unit development and conditional use applications require a public
hearing. The City published notice of this public hearing in the local paper and mailed
notices directly to those properties within 500 feet of the subject property. Signage
informing the community of a pending development proposal was also displayed on the
site. As of the writing of this report, the City has not received any comments on this
item. Staff will provide an update to the Planning and Zoning Commission on all public
comments received during the public hearing.
LEGAL AUTHORITY
This proposal includes two different types of land use applications. The planned unit
development application is considered a legislative action. When considering a
legislative action, the City is assigning zoning classifications or creating development
standards to regulate the types of uses and/or structures. Under the law, the City has
wide flexibility to create standards that will ensure the type of development it desires;
however, these regulations must be reasonable and supported by a rational basis
relating to promoting the public health, safety and welfare.
Conversely, a conditional use permit request is considered a quasi-judicial action. For
this type of application, the City is judging whether the applicable Zoning regulations
and approval criteria are or will be followed. Generally, if the application meets these
requirements they should be approved. The City may impose conditions as long as said
conditions are reasonably related to the impacts of the use or structures in question.
CONDITIONAL USE PERMIT REVIEW
The MX-S zone allows for vehicle sales and service uses upon approval of a conditional
use permit. New or amended conditional use permits may only be granted if the City
determines that:
(1)The proposed conditional use is consistent with the comprehensive plan and the
purposes of the development code;
(2)The proposed conditional use complies with all applicable provisions of the
development code; and
(3) The proposed conditional use will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
Consistency with the Comprehensive Plan
The 2040 Comprehensive Plan has sections related to land use generally in the City
and related to guidance specifically for the downtown. Within the Plan’s land use
chapter a goal relevant to this proposal is to maintain and diversify the city’s strong
employment base. Policies to achieve this goal include:
•Encourage development of living wage jobs, especially in the Center and District
future land use categories that parallel the railroad corridor or other areas in
close proximity to transit.
•Encourage businesses and office uses with a considerable daytime population to
locate in Downtown, to support retail and services businesses on Mainstreet.
•Encourage larger employers that draw employees from across the region to be in
the most regionally accessible locations.
In general approval of the proposal would not jeopardize the achievement of this goal
nor run directly counter to any of the relevant policies. This expansion project is a
relatively minor expansion to the facility and makes reasonable use of the oddly-shape
remnant parcel. Any future efforts to redevelop the site are not encumbered by the
proposed improvements.
A goal for the Downtown within the Comprehensive Plan relevant to this proposal is to
continue to grow the Downtown’s population and jobs base. The most direct policy of
this goal is to encourage an anchor development at the east end of Mainstreet that
supports transit and complements Downtown Hopkins. Staff finds that the proposal
would not conflict with this policy in that the minor expansion continues a long-standing
use and does so in a manner that would not preclude redevelopment in the future.
Consistency with the Development Code
A detailed assessment of the proposed facility against the standards of the zoning code,
including the specific vehicle sales and service standards, is included as an attachment
to this report. As noted, multiple aspects of the projects conflict with code requirements,
so as a result the planned unit development process is being pursued – as further
analyzed below. Should the City decide against granting the planned unit development
form of approval then any conflicts with the code should be resolved to grant approval.
Impact on the Surroundings
No material negative impacts on the immediate area are expected because of the
proposed expansion. Furthermore, the expansion is not likely to impede the logical and
orderly development (or redevelopment) of the subject property and adjoining
properties.
PLANNED UNIT DEVELOPMENT REVIEW
The purpose of a planned unit development is to allow flexibility from traditional
development standards in return for a higher quality development. Typically, the City
looks for an applicant to exceed other zoning standards, building code requirements or
meet other goals of the Comprehensive Plan. In exchange for the flexibility offered by
the planned unit development, the applicant is expected to detail how they intend to
provide a higher quality development or meet other City goals.
The Zoning Code establishes two types of Planned Unit Developments (PUDs): small-
scale PUD and large-scale PUD. Small-scale PUDs are optional for projects 3 acres in
area or more, and mandatory for projects above that threshold. Since the affected area
of this request is 0.71 acres in size, staff interprets that the small-scale PUD may apply.
The PUD process includes approval of a PUD overlay rezoning, and a PUD site plan
approval. The rezoning aspect of the process adopts an overlay zone that supplements
the underlying base zone (in this case the MX-S zone). The detailed plans for building
and site design for the subject property comprise the PUD site plan.
The requested Planned Unit Development would authorize the applicant to deviate from
some of the zoning regulations as described in the table below. The applicant is seeking
this flexibility in exchange for providing perimeter landscaping exceeding the ordinance
minimums and putting an odd-shaped remnant parcel into productive use. Staff
recommends a condition of approval requiring that the parcels comprising the entire site
be combined into one single parcel as the use encompasses. The lot combination is a
type of request that can be administratively reviewed and approved.
Requested Planned Unit Development Deviations
Zoning Category Zoning Requirement Requested Deviation
Building Siting 120-360(d) Impervious Site
Coverage
75% Maximum (of entire site)
89.7%
Supplemental Use
Regulations
102-580(k)(1)(a.) Building to
Parking/Display Area Ratio.
The parking or display area
may not be larger in area
than the floor area of the
building devoted to the
related business.
The parking/Display area
would exceed the building
area by 39,900 square feet.
Landscape & Site
Design
102-8130(d) Required
Landscape Islands required
within each row of parking an
island is required every 9th
stall.
One island is proposed within
the new rows of parking.
Landscape & Site
Design
102-8130(d)(6)(a.) 50-foot
Rule. Each parking space
must be located within 50
feet of a tree planted within
the parking lot interior.
Only 15 of the 82 new stalls
are within 50 feet of an
interior tree.
In making recommendations and decisions regarding approval of PUDs, the City must
consider at least the following factors:
a.Whether the proposed PUD development plan and zoning map amendment is
consistent with the comprehensive plan and any other adopted plans for the
subject area;
b.Whether PUD development plan complies with the PUD overlay zone provisions
of Section 102-440 of the Development Code;
c.Whether the proposed development will result in public benefits that are greater
than or at least equal to those that would have resulted from development under
conventional zoning regulations; and
d. Whether appropriate terms and conditions have been imposed on the approval to
protect the interests of surrounding property owners and residents, existing and
future residents of the PUD and the general public.
Consistency with the Comprehensive Plan
A finding of that the project is consistent with the Comprehensive Plan is required for
approval of the Planned Unit Development. As noted in the Conditional Use Permit
review section above the proposal would not directly conflict with the goals or policies of
the Comprehensive Plan from staff’s perspective.
Consistency with the PUD Section of the Code
This application is being pursued as a small-scale PUD. The provisions of Section 102-
440 related to small-scale PUDs primarily include that the development would not be
accommodated under the otherwise applicable standards and that the public benefits
are at least commensurate with the degree of development flexibility granted and are
addressed. As previously noted, staff finds that the proposal generally strikes the right
balance in providing flexibility in exchange for a better overall project. The other
provisions of this section pertain to the size and design of large-scale PUDs, which is
not applicable.
Balance of Benefits and Flexibility
The applicant is seeking relief from the Zoning provisions specified above. In general,
staff finds that the requested deviations are minor in nature and appropriately
compensated for in the overall proposal.
Protect Surroundings
As noted in the conditional use permit review section, no material negative impacts on
the immediate area are expected because of the proposed expansion.
ALTERNATIVES
1.Recommend approval of the proposed land use requests. By recommending
approval, the City Council will consider a recommendation of approval which may
include suggested conditions. Should the Planning & Zoning Commission consider
this option, it must also identify specific findings that support this alternative.
2.Recommend denial of the proposed land use requests. By recommending denial,
the City Council will consider a recommendation of denial. Should the Planning &
Zoning Commission consider this option, it must also identify specific findings that
support this alternative.
3. Continue for further information. If the Planning Commission indicates that further
information is needed, the item should be continued.
ZONING REVIEW: WALSER CHRYSLER EXPANSION – 314 Mainstreet
Review Date: July 25, 2023
PROJECT DECRIPTION:
Expansion of sales, parking, and inventory lot to the south.
BASE ZONE: MX-S PROPOSED USE: Vehicle Sales
BUILDING TYPES
ALLOWED: Storefront Building COMPREHENSIVE PLAN
DESIGNATION: Downtown Center
BUILDING TYPE
SELECTED: Storefront Building EXISTING USE: Vehicle Sales & Service
LARGE PUD REQUIRED? No DEADLINE FOR ACTION August 22, 2023 (60 days)
ZONING MAP
Review Key
Meets or exceeds
regulation
N/A Regulation does
not apply
Does not meet
regulation
Cond. Met per conditions
LNC. Legally Non-
conforming
?More Information
Needed
PUD PUD Deviation
102-360 STOREFRONT BUILDING TYPE REGULATIONS (MX-S Zone)
Section
of Code Regulation REVIEW NOTES
102-360(d) BUILDING LOCATION
120-360(d)FRONT STREETWALL 75% min.; Existing Condition
120-360(d)FRONT STREET SETBACK 7.5 ft. min, 25 ft. max. along Mainstreet; Existing
Condition
120-360(d)NON-FRONT STREET SETBACK 5 ft. min., 20 ft. max along the 5th Ave S side. Existing
Condition
120-360(d)SIDE SETBACK 5 ft. min along east property line
120-360(d)REAR SETBACK 20 ft. min along south property line
PUD 120-360(d)IMPERVIOUS SITE COVERAGE 75% max.
?120-360(d)ADDITIONAL SEMI-PERVIOUS
COVERAGE
+20% - In addition to the 75% hardcover, 15% of the site
may be semi-pervious, i.e. green roof, porous pavement, etc.
No semi-pervious surfaces depicted.
102-360(e) PARKING & ACCESSORY STRUCTURES
120-360(e)PARKING & DRIVEWAY ACCESS
LOCATION
Required off alley or non-front street; No new driveways
shown
120-360(e)DRIVEWAY SIZE & NUMBER 22 ft max driveway width. No new driveways shown.
Max. 1 access per development per street. No new street
access shown.
120-360(e)SURFACE PARKING Only allowed in rear or side yard; all new proposed
parking is in rear yard
120-360(e)ACCESSORY STRUCTURES No Accessory Structures proposed
ARTICLE 5 PRINCIPAL USES
Section
of Code Regulation REVIEW NOTES
102-580 (k) SUPPLEMENTAL USE REGULATIONS: VEHICLE SALES AND SERVICE USES
PUD 102-580(k)
(1)(a.)
BUILDING TO PARKING/DISPLAY AREA
RATIO
The parking or display area may not be larger in area than
the floor area of the building devoted to the related
business.
As proposed, there would be approximately 84,125 square
feet of parking and/or display area. The one-story building
has a footprint of 44,225 square feet. The applicant is
seeking a deviation from this requirement as the new display
area would add further conflict with this requirement.
LNC 102-580(k)
(1)(b.) SETBACK
A minimum 20-foot front yard setback is required, in
which there may be no auto parking. Landscaping must be
provided within this required setback area.
The site contains an existing structure in non-compliance
with this requirement, no structural expansions are
proposed. The site improvements pre-date this requirement,
and as such it is considered a legal nonconformity.
102-580(k)
(1)(c.) EXTERIOR LIGHTING
Lighting of the sales lot must be from indirect lighting.
Proposed new lighting consists of pole-mounted
downcast light fixtures.
Light must be directed toward the ground. Externally lit
signs, display, building and aesthetic lighting must be lit
from the top and shine downward. Lighting must be
shielded to prevent direct glare.
Light levels may not exceed 0.5 lumens at any residential
property line or 1.0 lumens at any nonresidential
property line. Lighting would not exceed .1 footcandles
(approximately, 1 lumen).
Exterior lighting may not exceed 30 feet in height. The
height of any exterior lighting within 100 feet of a residential
use or N zone may not exceed 20 feet. Proposed lights
would be mounted on 26-foot poles.
All nonessential lighting must be turned off after business
hours, leaving only the lighting necessary for site security.
Compliance with this requirement would be ongoing
following approval.
N/A 102-580(k)
(1)(d.) SCREENING
Lots that abut an N zone, must provide complete visual
screening at least 6 feet in height along the lot line of
abutting N-zoned lot. The lot does not abut an N Zone
102-580(k)
(1)(e.) VEHICLE SIZE The vehicle sales/leasing lot may not include vehicles over a
9,000 pounds rated weight.
102-580(k)
(1)(f.) JUNK VEHICLES Junk vehicles awaiting repair or pick up are subject to the
regulations of 102-9100.
102-580(k)
(1)(g.) OUTDOOR STORAGE
Outdoor storage of parts, materials, or equipment is
prohibited except vehicles for sale or lease with a valid
license or dealer inventory control number.
102-580(k)
(1)(h.)PUBLIC ADDRESS SYSTEMS Public address systems are prohibited.
102-580(k)
(1)(i.) TEST DRIVING Test driving of vehicles on local residential streets is
prohibited.
102-580(k)
(1)(j.) SALE ACTIVITY
Used car sales are permitted only when an integral part of a
new car dealership. The subject facility is a new car
dealership.
102-580(k)
(1)(k.) VEHICLE PARKING OR DISPLAY
Vehicle sales and rental uses must designate on a site plan
areas for required off-street parking including customer
parking and areas for inventory vehicle display. Such
required off-street parking areas must comply with 102-960.
Sites may not contain more vehicles than can be placed in
accordance with these standards. Vehicles may not be
positioned in any way to interfere with access to any
parking, loading, maneuvering or pedestrian area.
102-580(k)
(1)(l.) ACCESSORY FUELING
An accessory fueling facility is allowed if it is not visible
from a public right-of-way and it is secured so as to ensure
its exclusive use by subject business for the fueling its
inventory. Retail sale of gasoline to the general public is
prohibited.
102-580(k)
(1)(m.) ANCILLARY AUTOMOBILE REPAIR
Vehicle sales and rental uses require a separate conditional
use permit for ancillary vehicle repair and maintenance.
Ancillary automobile repair associated with a vehicle sales
and rental use may include minor or major vehicle
repair/maintenance uses. Vehicle sales and rental uses that
include ancillary vehicle repair and maintenance may not be
located on property that abuts a residential use or N zone.
ARTICLE 8 LANDSCAPE & SITE DESIGN
Section
of Code Regulation REVIEW NOTES
102-810(b)VISIBILITY AT INTERSECTIONS
At intersecting streets, a 30 ft by 30 ft vision triangle, free
from walls, fences, plants, or trees >30 inches above the
abutting curb line shall be provided. No changes proposed
at street intersections.
Cond. 102-820 LANDSCAPE INSTALLATION Notes to follow the specified landscape installation
regulations are required on submittal drawings.
102-830 LANDSCAPE MAINTENANCE The owner is responsible for the maintenance, repair, and
replacement of all landscaping required by code.
102-840 EXISTING TREES
A survey of existing trees on the site is required, which is to
include identification of significant and contributing trees.
Tree protection is required. No significant or contributing
trees are present on the site.
102-850 GROUND VEGETATION
All unpaved areas of any lot in any other zone must be
covered by planting bed per 102-850 (b) or grass per 102-
850 (c) or a combination of planting bed and grass.
Unpaved project area proposed as sod and/or planting
beds.
102-860 SITE TREES
One medium or large tree is required per 3000 square feet of
yard area.
The project area associated with this request is 9,785 sf feet
–requiring at least three (3) trees.
9 honey locusts, 2 birch, and two evergreen trees are
proposed.
N/A 102-870 STREETSCAPE DESIGN
The requirements of this section apply to development of
new streets and development on all lots with 200 feet or
more of street frontage on existing streets.
102-880 STREET SIDEWALKS
Sidewalks or multi-use paths must be provided along all
street frontages, located within the public right-of-way.
Existing sidewalks exist along all streets adjoining the site.
LNC 102-890 INTERNAL SITE SIDEWALKS
Sidewalks must connect between all building entrances to all
public sidewalks, including at least one connection to each
street-frontage sidewalk abutting the site. The site does not
conform to this requirement, however, the proposal does
not increase the extent of said non-conformity.
102-8100 STREET TREES
Each lot is required to have one tree for every 40 feet of
street frontage with a minimum of one street tree per street
frontage, and must be located between the curb and
sidewalk, a minimum of 2 feet and a maximum of 10 feet
off the back of curb.
The project area consists of approximately 37 feet of newly
impacted street frontage. The existing median is paved,
however one tree is proposed just inside of the sidewalk.
Cond. 102-8110 FRONTAGE BUFFERS
A frontage buffer is required when on-site vehicular parking,
loading, outdoor storage, and/or other activities abut the
street. Additional landscaping must be added along the
expanded area adjoining 5th Avenue.
N/A 102-8120 SIDE & REAR BUFFERS
A side and rear buffer is required along the side and rear lot
lines where transitions between certain zones occur.
The subject zone and abutting zones do not require buffers.
PUD 102-8130(d) REQUIRED LANDSCAPE ISLANDS
Landscape islands are required at the terminal ends of rows
of parking; and within each row of parking an island is
required every 9th stall. Islands must be at least 5 feet in
width and contain one medium or large shade tree.
The applicant is seeking a deviation from this standard of
the code as said islands would interfere with snow clearance
operations.
PUD
PUD
N/A
102-8130(d) REQUIRED LANDSCAPE ISLANDS: TREE
REQUIREMENTS
50-foot Rule. Each parking space must be located within 50
feet of a tree planted within the parking lot interior. All new
trees are on the perimeter of the parking lot, as such this
requirement is not meet, and the applicant is seeking a
deviation from this standard.
5-Space Rule. For parking lots with more than 40 spaces, a
minimum of 1 shade tree for every 5 parking spaces must be
planted within the parking lot interior or within 4 feet of the
parking lot’s edge. One tree per 5 space is provided except
for the out row of tandem inventory stalls.
Buffer Trees. Trees within any required buffer area may not
be utilized to meet these requirements. Only a frontage
buffer is required, no side or rear buffers apply.
Shading Requirement. At maturity, tree canopies
must shade a minimum of 30 percent of the interior of the
parking lot. The proposal include
N/A 102-8140 SCREENING OF REFUSE & UTILITY
AREAS
All dumpsters, loading areas, open storage, refuse areas,
mechanical equipment, and utility appurtenances must be
screened.
102-8150 OUTDOOR LIGHTING
Lighting is to meet the general standards, which in general as
less restrictive than the outdoor lighting standards applicable
to vehicle sales uses in 102-580(k)(1)(c.)
ARTICLE 9 PARKING & MOBILITY
Section
of Code Regulation REVIEW NOTES
102-920 OFF-STREET PARKING – MOTOR
VEHICULAR MINIMUMS & MAXIMUMS
Minimum for Vehicle Sales and Service: four (4) plus, one
per service bay
No Maximum.
The project does not involve increasing the intensity of the
site from a parking standpoint; therefore, no additional stalls
are required so
Cond. 102-920 OFF-STREET PARKING – BICYCLE
MINIMUMS
Minimum for Vehicle Sales & Service: four (4) stalls. With
50% minimum as short-term. Recommend condition of
approval requiring installation of bike parking facilities.
102-950 LOCATION OF OFF-STREET PARKING
Except as otherwise expressly stated in this article, required
off-street parking areas must be located on the same lot as
the building or use they are required to serve.
102-960 PARKING AREA LAYOUT & DESIGN
Parking areas must be designed to allow vehicles to enter
and exit a street and cross public sidewalks in a forward
motion
Parking stalls may be standard or compact
N/A 102-970 ELECTRIC VEHCILE SUPPLY
EQUIPMENT
The proposal includes new parking areas with 36 employee
Parking Spaces, which would not general be used by the
public. Accordingly, no electric vehicle charging stations are
required as this requirement applies to spaces/lot available
used by the general public. Should the customer parking be
expanded in the future, a commensurate number of electric
vehicle charging facilities would be needed.
Cond. 102-990 BICYCLE PARKING
Short-term bicycle parking must be located on the subject
lot, unless the city approves a proposal to allow private
bicycle parking facilities to be located in the right-of-way.
Said spaces must be located within 50 feet of a building
entrance
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING & ZONING COMMISSION RESOLUTION 2023-09
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE
REZONING THE PROPERTY AT 314 MAINSTREET FROM MX-S MIXED-USE SUBURBAN
CENTER ZONE TO MX-S MIXED-USE SUBURBAN CENTER WITH A PLANNED UNIT
DEVELOPMENT, AND APPROVE A RESOLUTION GRANTING PUD SITE PLAN
APPROVAL, SUBJECT TO CONDITIONS
WHEREAS, the applicant, Walser Real Estate Inc., initiated an application requesting to
rezone the property at 314 Mainstreet (PIDs 24-117-22-44-0003, 24-117-22-44-0056, 24-117-
22-44-0057, 24-117-22-44-0029, 24-117-22-44-0006, 24-117-22-44-0008, 24-117-22-44-0007,
24-117-22-44-0009, 24-117-22-44-0043, 24-117-22-44-0072) from MX-S, Mixed-Use
Suburban Center to MX-S, Mixed-Use Suburban Center with a Planned Unit Development
(PUD) and requesting approval of a PUD site plan, and
WHEREAS, this property is legally described in Exhibit A; and
WHEREAS, the procedural history of the application is as follows:
1. That the above stated application was initiated by the applicant on June 23, 2023;
and,
2.That the Hopkins Planning & Zoning Commission, pursuant to published and mailed
notice, held a public hearing on the application and reviewed such application on
July 25, 2023; all persons present were given an opportunity to be heard; and,
3.That written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the
findings outlined in the staff report dated July 25, 2023.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council approve an ordinance rezoning the
property at 314 Mainstreet from MX-S, Mixed-Use Suburban Center to MX-S, Mixed-Use
Suburban Center with a Planned Unit Development (PUD) and approve a resolution granting
PUD site plan approval, subject to the conditions listed below.
1.Execution of a Planned Unit Development Agreement.
2.Approval of the associated conditional use permit amendment to allow an expansion to
the vehicle sales and service use in the MX-S, Mixed-Use Suburban Center zone and
conformance with all related conditions.
3.Submission of an administrative subdivision to combine all the parcels described in
Exhibit A into one lot.
4.Modifications to the landscaping plan at the southeast corner of the site near Excelsior
Boulevard.
5.Addition of the shrub hedge element required by the frontage buffer section of the
development code for the new frontage along 5th Avenue South.
6.Addition of notes to the landscaping plan to follow the specified landscape installation
regulations of Section 102-820 of the development code is to be added to the drawings.
7.Installation of bicycle parking facilities to accommodate four bicycle parking spaces.
8.Approval of the development by the Nine Mile Creek Watershed District and
conformance with all related conditions.
Adopted this 25th day of July, 2023.
_______________________
Ben Goodlund, Acting Chair
EXHIBIT A
Legal Description of subject property
The North 19 feet of the East 50 feet of Tract B, Registered Land Survey No. 823, Hennepin
County, Minnesota.
AND
The North 122 feet of Lot 9, Auditor's Subdivision Number 242, Hennepin County, Minnesota,
lying Easterly of the West 33 feet thereof.
AND
The North 122 feet of the West 34 feet of Lot 10, Auditor's Subdivision Number 242, Hennepin
County, Minnesota.
AND
Lot 12 and Lot 13, Auditor's Subdivision Number 242, Hennepin County, Minnesota.
AND
That part of Lot 14, Auditor's Subdivision Number 242, Hennepin County, Minnesota, lying
North of a line parallel with and distant 145 feet Southerly from the Southerly line of Excelsior
Avenue.
AND
Those parts of Lots 14, 20, and 23 Auditor's Subdivision Number 242, Hennepin County,
Minnesota, described as follows:
Commencing at the Southeast Corner of Section 24, Township 117, Range 22; thence North,
along the East line of said Section 24, a distance of 953.32 feet; thence Westerly, deflecting to
the left 112 degrees 38 minutes 17 seconds, a distance of 538.92 feet; thence Northerly, at a
right angle, a distance af 275.83 feet; thence Westerly, at a right angle, a distance of 33.00
feet to the actual point of beginning; thence Southerly at a right angle, along a line hereinafter
referred to as "Line A", a distance of 8.27 feet; thence Southerly a distance of 126.88 feet
along a tangential curve to the right having a radius of 167.00 feet to the intersection with the
Northwesterly right-of-way line of Hennepin County State Aid Highway No. 3, Plat 16, as
recorded in Book 4 of Highway Plats, Page 4, in the office of the County Recorder, County of
Hennepin; thence Southwesterly along said right-of-way line to the Northeasterly right-of-way
tine of the Chicago and North Western Railway Company (formerly The Minneapolis & St.
Louis Railway Company); thence Northwesterly along the last described right-of-way line to the
West line of said Lot 14; thence North along said West line to a point 240.00 feet South from
the Northwest Corner of said Lot 14; thence East, parallel with the North line of said Lot 14 and
its extension, a distance of 275.00 feet; thence North parallel with the West line of said Lot 14,
a distance of 94.53 feet to the South line of Lot 17 in said Auditor's Subdivision; thence East,
along said South line, a distance of 3.50 feet to the intersection with a curve concave to the
East which has a radius of 473.00 feet and is tangential with the aforementioned "Line A";
thence Southerly along the last described curve to the actual point of beginning.
AND
That part of Lots 14 and 20, Auditor's Subdivision Number 242, Hennepin County, Minnesota,
described as follows:
Beginning at a point on the West line of said Lot 14, distant 145 feet South of the Southerly line
of Excelsior Avenue; thence South along said West line of distance of 95 feet; thence East a
distance of 275 feet along a line run parallel with the Southerly line of Excelsior Avenue;
thence North along a line run parallel with the West line of said Lot 14 to the South line of Lot
17, said addition; thence West, along the Southerly line of Lot 17, 16, and 15, said addition and
along said Southerly line extended to the point of beginning.
AND
All of Lots 15 and 16 and that part of Lot 17, Auditor's Subdivision Number 242, Hennepin
County, Minnesota which lies West of a line drawn parallel with and distance 30 feet West of
the following described line:
Beginning at the East Quarter corner of Section 24, Township 117, Range 22; thence South
along the East line of said Section a distance of 364.37 feet; thence deflect at an angle of 25
degrees 59 minutes 28 seconds for a distance of 462.86 feet; thence deflect right at an angle
of 19 degrees 50 minutes 43 seconds for a distance of 209.19 feet; thence deflect left at an
angle of 84 degrees 27 minutes 29 seconds for a distance of 76.15 feet; thence deflect 90
degrees right for a distance of 216.88 feet to the actual point of beginning of the line being
described; thence deflect left along a tangential curve having a radius of 440.0 feet (delta
angle 83 degrees 47 minutes 14 seconds) for a distance of 649.29 feet and there terminating.
AND
Lot 1 and Lot 2, Block 1 LUTHER WALSER HOPKINS ADDITION, Hennepin County,
Minnesota.
AND
Outlet O, HCRRA DOWNTOWN HOPKINS, Hennepin County, Minnesota.
CITY OF HOPKINS
Hennepin County, Minnesota
PLANNING & ZONING COMMISSION RESOLUTION 2023-10
A RESOLUTION RECOMMENDING THE CITY COUNCIL APPROVE
A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN EXPANSION TO THE
VEHICLE SALES AND SERVICE USE IN THE MX-S MIXED-USE SUBURBAN CENTER
ZONE ON THE PROPERTY AT 314 MAINSTREET, SUBJECT TO CONDITIONS
WHEREAS, the applicant, Walser Real Estate Inc., initiated an application for a
conditional use permit amendment to allow an expansion to the vehicle sales and service use
of property in the MX-S, Mixed-Use Suburban Center zone at 314 Mainstreet, and;
WHEREAS, this property is legally described in Exhibit A; and
WHEREAS, the procedural history of the application is as follows:
1.That the above stated application was initiated by the applicant on June 23, 2023;
and,
2.That the Hopkins Planning & Zoning Commission, pursuant to published and mailed
notice, held a public hearing on the application and reviewed such application on
July 25, 2023: all persons present were given an opportunity to be heard; and,
3.That written comments and analysis of City staff were considered; and,
WHEREAS, staff recommended approval of the above stated application based on the
findings outlined in the staff report dated July 25, 2023.
NOW, THEREFORE, BE IT RESOLVED that the Planning & Zoning Commission of the
City of Hopkins hereby recommends the City Council approve a conditional use permit
amendment to allow an expansion to the vehicle sales and service use of property in the MX-
S, Mixed-Use Suburban Center zone at 314 Mainstreet, subject to the conditions listed below.
1.Conformance with all the general performance standards in Section 102-590 of the
Hopkins Development Code and the specific standards for vehicle sales and service
uses detailed Section 102-580(k).
2.Approval of the associated rezoning application and execution of a Planned Unit
Development (PUD) Agreement.
3.Approval of the associated PUD site plan and conformance with all related
conditions.
4.Approval of all necessary permits from the Building, Engineering and Fire
Departments.
5.Approval of the development by the Nine Mile Creek Watershed District and
conforms with all related conditions.
6. Payment of all applicable development fees including, but not limited to SAC, park
dedication and City Attorney fees.
Adopted this 25th Day of July, 2023.
_______________________
Ben Goodlund, Acting Chair
EXHIBIT A
Legal Description of subject property
The North 19 feet of the East 50 feet of Tract B, Registered Land Survey No. 823, Hennepin
County, Minnesota.
AND
The North 122 feet of Lot 9, Auditor's Subdivision Number 242, Hennepin County, Minnesota,
lying Easterly of the West 33 feet thereof.
AND
The North 122 feet of the West 34 feet of Lot 10, Auditor's Subdivision Number 242, Hennepin
County, Minnesota.
AND
Lot 12 and Lot 13, Auditor's Subdivision Number 242, Hennepin County, Minnesota.
AND
That part of Lot 14, Auditor's Subdivision Number 242, Hennepin County, Minnesota, lying
North of a line parallel with and distant 145 feet Southerly from the Southerly line of Excelsior
Avenue.
AND
Those parts of Lots 14, 20, and 23 Auditor's Subdivision Number 242, Hennepin County,
Minnesota, described as follows:
Commencing at the Southeast Corner of Section 24, Township 117, Range 22; thence North,
along the East line of said Section 24, a distance of 953.32 feet; thence Westerly, deflecting to
the left 112 degrees 38 minutes 17 seconds, a distance of 538.92 feet; thence Northerly, at a
right angle, a distance af 275.83 feet; thence Westerly, at a right angle, a distance of 33.00
feet to the actual point of beginning; thence Southerly at a right angle, along a line hereinafter
referred to as "Line A", a distance of 8.27 feet; thence Southerly a distance of 126.88 feet
along a tangential curve to the right having a radius of 167.00 feet to the intersection with the
Northwesterly right-of-way line of Hennepin County State Aid Highway No. 3, Plat 16, as
recorded in Book 4 of Highway Plats, Page 4, in the office of the County Recorder, County of
Hennepin; thence Southwesterly along said right-of-way line to the Northeasterly right-of-way
tine of the Chicago and North Western Railway Company (formerly The Minneapolis & St.
Louis Railway Company); thence Northwesterly along the last described right-of-way line to the
West line of said Lot 14; thence North along said West line to a point 240.00 feet South from
the Northwest Corner of said Lot 14; thence East, parallel with the North line of said Lot 14 and
its extension, a distance of 275.00 feet; thence North parallel with the West line of said Lot 14,
a distance of 94.53 feet to the South line of Lot 17 in said Auditor's Subdivision; thence East,
along said South line, a distance of 3.50 feet to the intersection with a curve concave to the
East which has a radius of 473.00 feet and is tangential with the aforementioned "Line A";
thence Southerly along the last described curve to the actual point of beginning.
AND
That part of Lots 14 and 20, Auditor's Subdivision Number 242, Hennepin County, Minnesota,
described as follows:
Beginning at a point on the West line of said Lot 14, distant 145 feet South of the Southerly line
of Excelsior Avenue; thence South along said West line of distance of 95 feet; thence East a
distance of 275 feet along a line run parallel with the Southerly line of Excelsior Avenue;
thence North along a line run parallel with the West line of said Lot 14 to the South line of Lot
17, said addition; thence West, along the Southerly line of Lot 17, 16, and 15, said addition and
along said Southerly line extended to the point of beginning.
AND
All of Lots 15 and 16 and that part of Lot 17, Auditor's Subdivision Number 242, Hennepin
County, Minnesota which lies West of a line drawn parallel with and distance 30 feet West of
the following described line:
Beginning at the East Quarter corner of Section 24, Township 117, Range 22; thence South
along the East line of said Section a distance of 364.37 feet; thence deflect at an angle of 25
degrees 59 minutes 28 seconds for a distance of 462.86 feet; thence deflect right at an angle
of 19 degrees 50 minutes 43 seconds for a distance of 209.19 feet; thence deflect left at an
angle of 84 degrees 27 minutes 29 seconds for a distance of 76.15 feet; thence deflect 90
degrees right for a distance of 216.88 feet to the actual point of beginning of the line being
described; thence deflect left along a tangential curve having a radius of 440.0 feet (delta
angle 83 degrees 47 minutes 14 seconds) for a distance of 649.29 feet and there terminating.
AND
Lot 1 and Lot 2, Block 1 LUTHER WALSER HOPKINS ADDITION, Hennepin County,
Minnesota.
AND
Outlet O, HCRRA DOWNTOWN HOPKINS, Hennepin County, Minnesota.
32 20
6
25 20
17
16
12 13 16 17 21 22
14
WASHINGTON AVENUE NORTH (MAIN STREET)HIGHWAY 1691
NUMBERED NOTES
EXISTING CURB TO BE REMOVED
2 EXISTING PAINTED MARKINGS TO REMAIN
3
NEW PAINTED MARKINGS4
5
NEW BITUMINOUS
NEW CONCRETE CURB- B412 DESIGN - TYP
1
1
1
1
1
1
1
2
2
2
2
2
2
2
2
3
3
3
4
4
4
4
4
4
5
5
5
5
5
5
1
1
1
NORTH PROPERTY LINE OF FORMER RAILROAD PROPERTY6
6
6
6
6
PICNIC TABLE / (2)- THUS7 28'-0"18'-0"10'24'-0"18'-0"10'7
PARKING STALL
9' X 18'- TYPICAL
KEY
RR EXISTING LIGHT POLE AND FIXTURES- TO BE
REMOVED & RELOCATED AS SHOWN
B NEW LIGHT POLE AND FIXTURES-
TYPE - B
C NEW LIGHT POLE AND FIXTURES-
TYPE - C
MRM- LED- 48L- SIL- AM- 50- 70CRI- D180- 26' MH
MRM- LED- 48L- SIL- FT- 50- 70CRI- SINGLE- 26' MH
C
C
C
C
C
C
C
C
C
B
NEW LIGHT
POLE
EXIST LIGHT
POLE (TYP)
RR
RR
RR
B
NEW LIGHT
POLE
LIGHT POLE
RELOCATED
FROM WEST LOT-
NEW CONC BASE
18'-0"4
4
4
4
3
4
3
4
5
'
-
5
"
5 30'-0"3
6
E
M
P
L
O
Y
E
E
IN
V
E
N
T
O
R
Y
DESIGN DATA
FORMER RAILROAD PROPERTY SITE AREA 31,350 SF (100 %)
GREEN SPACE / LANDSCAPE AREA 9,785 SF (31 %)
7
10
INVENTORYINVENTORYINVENTORYINVENTORYINVENTORYINVENTORYINVENTORY6INVENTORY SERVICE CUSTOMEREMPLOYEE9 9
EMPLOYEEEMPLOYEESERVICE CUSTOMERSERVICE CUSTOMER20 20
INVENTORY INVENTORY
E
M
P
L
O
Y
E
E
INVENTORY
CUSTOME
R
4
CUSTOMER DISPLAYCUSTOMERCUSTOMER12
CUSTOMER16
DISPLAY10CUSTOMER
INVEN
T
O
R
Y
INVEN
T
O
R
Y
INVEN
T
O
R
Y
INVEN
T
O
R
Y
INVEN
T
O
R
Y 131519
21
4
6
SITE PLAN
A1.0
5/24/2023 BIDS & PERMIT
1
A1.0
SITE PLAN
1"= 30'-0"
NORTH
PHILLIPS
ARCHITECTS &
CONTRACTORS, LTD.
COPYRIGHT 2023 PHILLIPS Architects & Contractors, Ltd.C
401 North Third Steet,
Suite 450
Minneapolis, MN 55401
Ph. (612) 868-1261
www.phillipsarchitects.com
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
David A. Phillips
DATE LICENSE #17387
ISSUE/REVISION:
DRAWN BY:
CHECKED BY:
PROJECT NO. :
DAP2023 SITE ALTERATIONS FOR:HOPKINS, MINNESOTA314 MAIN STREETWALSER CHRYSLER - Hopkins5/24/2023
33 24
6
3
10 10 10 10
4
21
19
16
12 13 10 10 10 10
10
14
WASHINGTON AVENUE NORTH (MAIN STREET)HIGHWAY 169C
B
RR
DESIGN DATA
FORMER RAILROAD PROPERTY SITE AREA 31,350 SF (100 %)
GREEN SPACE / LANDSCAPE AREA 9,785 SF (31 %)
NEW SOD-
TYPICAL
NEW SOD-
TYPICAL
NEW SOD-
TYPICAL
NEW SOD-
TYPICAL
NEW SOD-
TYPICAL
NEW SOD-
TYPICAL
1.ALL DISTURBED LANDSCAPED LAWN AREAS TO BE SODDED
2.LANDSCAPE AREAS SHALL BE IRRIGATED WITH AN AUTOMATIC
SPRINKLER SYSTEM
3.PLANTING BEDS SHALL BE EDGED WITH HEAVY DUTY VINYL BORDER
4.PROVIDE 3" DEEP MULCH AT PLANTING BEDS
LANDSCAPE NOTES
COMMON NAME
BALSAM FIR
QUAN.
B
SYM.BOTANICAL NAME
ABIES BALSEMEA 6' HT.
SIZE - NEW
AS SHOWN
SPACING REMARKS
D FEATHER REED GRASS CALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER'3' - 5'AS SHOWN
8H AS SHOWNHONEYLOCUSTGLEDITSIA TRIACANTHOS 2 1/2" CAL.
46' - 66' HT.
SIZE - FULL
3' - 5'
35' -40' HT.
K
N DAKOTA PINICAL BIRCH 1 1/2" CAL.25' - 30' HT.
AS SHOWNWHITE SPRUCE PICEA GLAUCA 40' -60' HT.
PLANTING SCHEDULE (PROPOSED NEW PLANTINGS)
AS SHOWN
6' HT.
H
H
H
H
H
H
H
H
N
N
B
K
1
2
1
8D
8D
8D
8D
8D
8D
8D
8D
8D
8D
8D
8D
8D
8D
112
LANDSCAPE PLAN
L1.0
5/24/2023 BIDS & PERMIT
1
L1.0
LANDSCAPE PLAN
1"= 30'-0"
NORTH
PHILLIPS
ARCHITECTS &
CONTRACTORS, LTD.
COPYRIGHT 2023 PHILLIPS Architects & Contractors, Ltd.C
401 North Third Steet,
Suite 450
Minneapolis, MN 55401
Ph. (612) 868-1261
www.phillipsarchitects.com
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
David A. Phillips
DATE LICENSE #17387
ISSUE/REVISION:
DRAWN BY:
CHECKED BY:
PROJECT NO. :
DAP2023 SITE ALTERATIONS FOR:HOPKINS, MINNESOTA314 MAIN STREETWALSER CHRYSLER - Hopkins5/24/2023
LEGEND925.8925.52924.50923.00923.50925.00923.20NEW BITUMINOUSNEW CURBNEW CURBREMOVE EXISTING CURBNEW CURB TIE INNEW CURBTIE INEXISTING CURBINLET CATCH BASINSEXISTING CURBINLET CATCH BASINCORE DRILL ATELEVATION=921.20NEW CURB INLET CATCHBASIN AND 32 L.F. OF 12"STORM PIPE.TC=924.50INV=921.50REMOVE EXISTING CURB314 MAIN STREET 1-STORY BUILDINGFOOTPRINT AREA = 44,225 SQ. FT.925.80923.35
28.028.0
30.0
24
.
0 NEW STRIPING (TYP)Phillips Architects & Contractors, Inc.401 North Third StreetSuite 450Minneapolis, MN 55401SITE LAYOUT ANDGRADING PLANWALSER CHRYSLER -PARKINGHOPKINS, MNPROPOSED LEGENDWATER MAINSANITARY SEWERSTORM SEWERWATER SERVICESANITARY SERVICECHAIN LINK FENCEVINYL/WOOD FENCELIGHT POLEHYDRANTWATER VALVESANITARY MANHOLESTORM MANHOLECATCH BASINSILT FENCEGRADING LIMITS999CONTOUR LINESPOT ELEVATIONDRAINAGE ARROWDETAILNOTESSSSWWWWSSSSNOTES1)UTILITIES SHOWN ARE APPROXIMATE LOCATION, CALL GOPHER STATE ONE CALL AT 811FOR ALL UTILITY, GAS LINE, AND ELECTRICAL LINE LOCATIONS PRIOR TO EXCAVATION.2)BENCHMARK - VARIOUS CONTROL POINTS AS SHOWN3)NO WETLANDS EXIST ON SITE.4)ALL DISTURBED AREAS SHALL HAVE SEED MIXTURE NO. 250 PLACED AT THE RATE OF 75POUNDS PER ACRE. MULCH SHALL BE PLACED AT A TARGET RATE OF 2 TONS PER ACRE.SOD SHALL BE PLACED A MINIMUM OF 3' BEHIND ALL CURBED AREAS, UNLESS STATEDOTHERWISE ON THE LANDSCAPE PLAN.5)RE-VEGETATE SITE WITHIN 48 HOURS OF FINAL GRADING.6)CONSTRUCT SILT FENCE AS NEEDED.7)PROVIDE INLET PROTECTION (WIMCO ROAD DRAIN OR EQUIVALENT) AT ALL AREA CATCHBASINS. USE TEMPORARY SILT CURTAIN AT PERIMETER OF THE STRUCTURE.8)CONSTRUCT ROCK CONSTRUCTION ENTRANCE AT ACCESS LOCATION.9)SEE LANDSCAPE PLAN FOR ALL PROPOSED PLANTINGS.10)SLOPES AS SHOWN ARE 3:1 OR LESS.11)LESS THAN 1 ACRE OF DISTURBING, THEREFORE NO NPDES PERMIT REQUIRED.12)STREET SWEEPING IS REQUIRED AT LEAST ONCE PER WEEK, AND MORE OFTEN ASNEEDED DUE TO TRACKING FROM CONSTRUCTION ACTIVITY.