CR 06-019 Rezoning, 416 17th Ave N
CiTY OF
~
February I, 2006
HOPKINS
Council Report 06-19
REZONING-41617TH AVENUE NORTH
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 06-07. approving
Ordinance 06-960. rezoning the propertv at 415-17'h Avenue North from B-3 to B-4.
At the Zoning and Plauning meeting, Ms. Hatcher moved and Mr. Paul seconded a motion to
adopt Resolution RZ06-03, recommending approval of Ordinance 06-960, rezoning the
property at 415-17'h Avenue North from B-3 to B-4. The motion was approved unanimously.
Overview.
The City has recently approved a new B-4 zoning district. This zoning district is a
neighborhood type business district. Gas stations, fast food restaurants, and auto sales lots
are not allowed in the B-4 district. The B-4 district also limits the size ofthe business so that
a big-box type retailer will not be allowed. Last year the Town and Country Dodge site was
rezoned to B-4.
415-17'h Avenue North is currently zoned B-3. The Planning Commission has in the past
discussed rezoning this parcel to B-4. A new use will have to comply with the B-4 uses.
Primary Issues to Consider.
. What is the Comprehensive Plan designation, and what is the zoning of the
subject site?
. What does the B-4 zoning allow?
. Should the site be rezoned to B-3 to B-4?
. What was the discussion at the Zoning and Planning meeting?
Supportine: Documents.
. Analysis of Issues
. Uses allowed in B-4
. Resolution 06-07
. Ordinance 06-960
~~iOldQJlliL",,{)
Nancy . Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
ZN06-1
Page 2
Primary Issues to Consider.
. What is the Comprehensive Plan designation, and what is the zoning of the
subject site?
The Comprehensive Plan has designated the site as Commercial. The site is zoned B-3
General Business. The Comprehensive Plan designation will not have to be amended for the
new zoning ofB-4.
. What does the B-4 zoning allow?
The B-4 zoning allows less uses than the B-3 zoning. Uses such as fast food, gas stations,
and auto sales lots are not allowed. Retail is allowed but the size ofthe retail is limited.
. Should the site be rezoned from B-3 to B-4?
In looking at the area, the logical use for the site is a business use because of the visibility
and access to major roadways. The site is a major entrance way into Hopkins and can be
redeveloped to a better use than an industrial type use. The Planning Commission had
several discussions regarding various sites within the City and recommended that this site be
considered for a rezoning to B-4.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed rezoning. Ms. Anderson stated that this was a less
intense zoning district and such uses as a gas station and fast food restaurant are not allowed
in the B-4 zoning district. No one appeared at the public hearing.
Alternatives.
1. Approve the rezoning. By approving the rezoning, the property at 415 17th Avenue North
will be rezoned from B-3 to B-4.
2. Deny the rezoning. By denying the rezoning, the property at 415 17th Avenue North will
not be rezoned from B-3 to B-4. If the City Council considers this alternative, findings
will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: R06-07
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AN ORDINANCE
REZONING 415 17th AVENUE NORTH FROM B-3 TO B-4
WHEREAS, an application for Zoning Amendment ZN06-1 has been initiated by The City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was initiated 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 January 31,
2006: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
4. The legal description of the property is as follows:
Lots 7, 8, 9,10, and II, Block I, Souba Addition.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN06-1
is hereby approval based on the following Findings of Fact:
1. That the rezoning is necessary for future redevelopment of the site.
Adopted this 7th day of February, 2006.
ATTEST:
Eugene J. Maxwell, Mayor
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 06-960
AN ORDINANCE REZONING FROM B-3, GENERAL BUSINESS, TO B-4
NEIGHBORHOOD BUSINESS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the present zoning classification of B-3, General Business, upon the following described
premises is hereby repealed, and in lieu thereof, the said premises is hereby zoned as B-4,
Neighborhood Business.
Lots 7, 8, 9,10, and 11, Block I, Souba Addition.
First Reading:
February 7,2006
Second Reading:
February 21,2006
Date of Publication:
March 2, 2006
Date Ordinance Takes Effect:
March 2, 2006
Eugene 1. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
Hopkins City Code (Zoning)
535.01
(Revised 7/28/05)
Section 535 - Zoning: business districts
535.01. Business districts. Subdivision 1. Description. The business (B)
districts are in four categories designated as B-1, B-2, B-3, and B-4. (Amended
Ord. 05-951)
Subd. 2. The permitted uses of any land or structure in a B district are
those uses indicated by the mark "X" and shall be further subject to those certain
special limitations, requirements and regulations pertaining to those B district
uses specially designated by the following marks: (1), (2) and (3).
(1) means that the use is prohibited on the ground floor;
(2) means that a conditional use permit is required;
(3) means not more than three devices allowed;
(4) means that the use is limited to 5,000 square feet per business.
(Amended Ord. 05-951)
Subd. 3. Capital letters following any "X" mark indicate that the use or
uses permitted are subject to and are set forth in the provisions of separate
paragraphs contained in subsection 535.03 which corresponds to the capital letter
or letters set forth in this subsection. The permitted use upon any land or in any
structure in a B district is considered the principal use.
(Amended Ord. 639) (Amended Ord. 96-787) (Amended Ord. 05-951)
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
17.
J.8 .
19.
20.
PERMITTED USES
1.
Adult-oriented business, as
governed and regulated by
Chapter 1165 of the City Code.
(Amended 95-762)
Airport
Amusement device
Appliance store
Art shops - pictures
Auction - public or private
Auto repair
Auto accessory and parts
Auto sales and/or lease
Auto wash subject to permit
Armory, auditorium, exhibit hall
Bakery
Banks, savings and loan
Bar - Tavern
Beauty or barber shop
Bike sales (Added Ord. 05-951)
Boat - marine sales
Books - office supplies
Bottling plant not in excess of
6,000 sq. ft.
Boutiques
B-1
(3)XBB
X
(2)XJ
Section 535 - Page 1
B-2
B-3
X
X
X X
(3)XBB XBB
X X
X X
(l)X X
X
(l)X X
(2)XA
X
(2)XB (2)XB
X X
X (2)XV
X X
X X
X
X X
X
X (2)XJ
B-4
(2)XEE
X
x
X
X
X
(4)X
(4)X
X
Hopkins City Code .(Zoning)
PERMITTED USES
B-1
21. Bowling - table tennis, pool hall (2)XU
22. Broadcasting (T.V. - radio)
23. Bus and other transit
24. Business school
25. Cabinet - electrical, heating,
plumbing, upholstery, air condition-
ing provided the operation does not
exceed 6,000 sq. ft.
26. Camera - photographic
27. Carpet and floor covering
28. Clinics X
29. Clothing store
30. Clubs (private - non profit)
31. Coin and stamp X
32. Commercial greenhouse
33. Costume & formal wear rental
34. Currency Exchange (Added Ord. 04-920)
35. Cycle shop and snowmobile
36. Day nursery (2)XE
37. Delicatessen
38. Department store
39. Dental - Med. Lab
40. Drive-ins (non food)
4l. Dry cleaning and laundry
42. Dry cleaning and laundry pickup X
43. Employment agency
44. Essential public service & utility X
structures
45. Fabric and sewing store (2)XI
46. Fixit shop (2)XY
47. Florist X
48. Furniture store
49. Garden and landscape (2)XZ
50. Gifts and novelties (2)XJ
51. Glassware, china, pottery
52. Glass and mirror installation
53. Grocery, fruit, vegetable
54. Hardware
55. Health clubs - studiQ X
56. Hobby - crafts - instruction
57. Hotel - motel
58. Interiors -decorating studio X
59. Jewelry
60. Karate, health club, dance studio (2)XL
61. Leather goods - luggage
62. Library - public or private
63. LilWOrlil
64. Locker plan - 6,000 sq. ft. maximum
65. Locksmith and fixit shop
66. Lumber and related items
67. Meats
68. Mortuary X
Section 535 - Page 2
B-2
X
X
X
(l)X
X
X
X
X
(l)XC
X
X
(2)XW
(2)XE
X
X
(l)X
(2)XF
(2)XG
X
X
X
X
XY
X
X
(2)XZ
X
X
X
X
X
(2)XK
X
X
(l)X
X
X
X
(2)XY
X
535.01, Subd. 3, 21.
(Revised 7-28-05)
B-3
x
X
X
X
X
x
X
(2)XC
(2)XD
X
(2)XEE
X
(2)XE
X
X
(2)XF
X
i
X
X
XY
X
X
(2)XZ
(2)XJ
X
X
X
X
X
(2)XK
X
X
X
X
(2)XY
X
X
X
B-4
X
X
(2)X
X
X
X
X
X
X
X
X
X
X
X
X
2
Hopkins City Code (Zoning)
69.
70.
7l.
72.
73.
74.
75.
76.
77.
78.
79.
80.
8l.
82.
83.
84.
85.
86.
87.
88.
89.
90.
9l.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113 .
114.
PERMITTED USES
B-1
Motors repairing
Music store
Newsstand
Offices
Open sales lot
Optical - jewelry mfg.
Orthopedic - medical supplies
(sales and manufacturing)
Paint and wallpaper
Parking ramps and lots
Pawn shop - antiques - used materials
Pet Store
Pharmacy - drug store
Photography - studio
Picture framing - art shop
Pipe - tobacco shop
Post office
Print shop
Public auction (see auction)
Records, TV, radio, sound, phone
Religious institutions, etc.
Rental service
Research labs
Residential
Restaurant - traditional
Restaurant - carry-out and delivery
Restaurant - drive-in
Restaurant - fast food
Roller rink - ice arena
Self-service station
service station
Shoes - boots store
Sporting goods
Stationery - card shop
Stone monument sales
Tailoring
Taxidermist
Taxi terminal
Theater - non-drive-in
Tires - battery, accessory & recap
Trade school
Transient merchants (Added Ord. 05-947)
Truck - trailer sales
Variety stores
Veterinary clinic
Video - sales, rental
Warehouse - 16,000 sq. ft. maximum,
not abutting Mainstreet (Amended Ord. 2000-841)
(2)XN
(2)XO
x
2)XH
X
X
Section 535 - .page 3
B-2
X
X
X
(2)XO
(l)X
x
X
X
X
X
X
X
X
(2)XP
X
(2)XCC
(2)XH
X
X
X
X
X
X
(l)X
X
X
X
535.01, Subd. 3, 69.
(Revised 7-28-05)
B-3
X
X
X
(2)XO
X
X
X
X
X
X
X
X
X
X
X
(2)XCC
(2)XQ
(2)XT
(2)XH
X
X
(2)XR
(2)XS
X
(2)XDD
(2)XM
X
(2)XJ
X
X
X
X
X
X
X
(2)XAA
X
X
X
B-4
X
X
(2)X
X
X
X
(2) FF
X
X
X
X
X
X
X
X
Hopkins City Code (Zoning)
535.01, Subd. 3
(Revised 7-28-05)
AREA AND YARD LIMITATIONS
Uses permitted in any B district category subject to the following minimum
floor and lot area, lot widths, yard requirements, and building heights, in feet.
(Amended Ord. 05-951)
Lot area - sq. ft.
Lot width - ft.
Floor area requirement - F.A.R.
Front yard
Front yard - P.U.D.
Side yard
Rear yard
Requirements for lots fronting state
and county roads, as follows:
Front yard
Side yard
Building height
Front yard of B lots abutting
R district
Side yard abutting R district
Rear yard abutting R district
Rear yard from alley
Building height
B-1 B-2
5,000
50 20
1.0 6
20 1
10 0
10 10
B-3
B-4
3,000
25
1.5
1
20
o
15
1
10
10
20.
10
25
1
10
45
1/2 of the required
same as R district
same as R district
20 10
25 70
R district
15
45
60
535.03. Conditional use requirements. Subdivision 1. The requirement of a
conditional use permit in connection with any use in any B district is indicated in
subsection 535.01 by appropriate capital letter (A, B, C etc.), which letters refer
to the appropriate paragraph in this subsection bearing the same capital letter.
Subd. 2. Conditional uses within B districts.
A) New auto sales including sales lot and major auto repair provided:
1. the sales lot shall not be larger in square footage than
the square footage of the building devoted to the related business;
2. a 20 foot front yard setback in which there shall be no
auto parking. Within this 20 foot setback there shall be a permanent
barrier of landscaping. (Amended Ord. 90-672) (Amended Ord. 94-747)
3. lighting of the sales lot shall be totally from indirect
lighting;
4. should the lot abut an R district an acceptable design of
screening fence five feet in height shall be constructed along the
abutting lot line;
5. the auto sales lot shall not include vehicles over a 9,000
lb. rated weight;
6. no vehicles which are unlicensed and/or inoperative shall
be stored on the premises; (Added Ord. 96-787)
7. all repair, assembly, disassembly or maintenance of
vehicles shall occur within a closed building except
minor maintenance, including tire inflation, adding
oil and wiper replacement; (Added Ord. 96-787)
Section 535 - Page 4
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