VII.1. First Reading Ordinance Amending the Hopkins Development Code Allowing Large Day Cares as a Permitted Use in the IX-S Zone Krzos
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City Council Report 2026-012
To: Honorable Chair and Board Members
Mike Mornson, City Manager
From: Ryan Krzos, City Planner
Date: February 2, 2026
Subject: First Reading of an Ordinance Amending the Development Code to Allow,
as a Permitted Use, Large Day Cares in the IX-S Zone.
_____________________________________________________________________
REQUEST
Mariela Pineda, on behalf of Creek Valley Properties LLC, owner of 509 2 nd Avenue
S, proposes a Development Code Text amendment to allow, as a permitted use,
large day cares in the IX-S, Employment Mix Suburban Center zone.
RECOMMENDATION
MOTION TO adopt Resolution 2026-005 approving a first reading of Ordinance
2026-1233 Amending the Development Code to Allow, as a Permitted Use, Large
Day Cares in the IX-S Zone.
ANALYSIS
The applicant is requesting a Development Code Amendment which would allow
large day cares as a permitted use within the IX-S Zone. Currently, large day care
uses are prohibited in the IX-S Zone. The applicant is applying on behalf of the
owner of 509 2nd Avenue S, which is in the IX-S zone. If approved, the applicant
intends on locating their day care facility at this location. Furthermore, the text
amendment would apply to all properties in the IX -S zone, not just the property of
interest for the applicant.
The Planning and Zoning Commission reviewed the request at their January 27,
2026 meeting and held a public hearing. The consensus of the commission during
their discussion was that opportunities for additional day cares are needed and the
IX-S zone is appropriate for these facilities. Following discussion, the Planning &
Zoning Commission voted unanimously recommending approval.
Planning & Development
CITY OF HOPKINS
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In the Hopkins Development Code, day cares have the following definition, which is
further categorized into adult day, small day care and large day care (see a through
c below):
102-540 (d) DAY CARE
(1) Description. The day care use category includes establishments licensed by
the state that provide nonmedical care to children or aged, infirm, or disabled
adults for only part of a day, typically during normal working hours. Examples
include adult day care centers, group family day care facilities, child care
centers, and similar use types.
a. Adult Day Care. A state-licensed center-based facility that provides
adult day services to adults who have functional impairments on a regular
basis for periods of fewer than 24 hours during the day in a setting that is
not a residence.
b. Day Care, Small. A state-licensed day care facility serving 12 or fewer
persons or a group family day care facility licensed under Minnesota
Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children.
c. Day Care, Large. All day care uses that do not meet the definition of a
small day care or adult day care.
Existing Zoning
The IX-S zone is intended for regional-scale nodes, where office, research and
development, and low-impact production and manufacturing with limited external
impacts in an environment accessible via motor vehicle and walking. The location of
IX-S-zoned property is included as a map attachment.
Permitted Uses allowed in IX-S: Adult-Oriented Business, Animal Boarding,
Consumer Service, Adult Day Care, Large Entertainment Venue, Lodging, Office,
Artisan Manufacturing, Limited Manufacturing, Urban Farm, Warehousing and
Distribution, Cultural Facility, Community Garden, Parks and Open Space, Minor
Utilities and Services, Cannabis Cultivation, Cannabis Product Manufacturing,
Cannabis Wholesale & Transportation.
Uses allowed Conditionally in IX-S: Vehicle Sales & Service, Major Utilities and
Services.
Day Cares were not established as an allowed use in the IX-S zone as part of the
2022 Zoning update, primarily because the preceding zones encompassing these
areas did not allow day cares. This area was largely zoned either Industrial or
Business Park. This practice is consistent with the historical zoning practice of
restricting day cares in industrial areas out of a perceived incompatibility of the two
uses.
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Where Large Day Cares are allowed (See attached Map):
Conditionally allowed: NX1 & NX2
Allowed only within 25% of the building’s area: RX-TOD, RX-D, RX-N, & IX-TOD
Allowed in unlimited area: MX-TOD, MX-N, & MX-S
Allowed only in upper stories: MX-D
Assessment of Need
Access to quality affordable childcare is a necessity for many Hopkins families.
Furthermore, childcare is essential to the economic environment of the community
as it allows for parents to remain in the workforce. Per the most recent American
Community Survey Hopkins has a population of 1,537 under the age of five (out of a
total of 18,696 residents). Per Minnesota Department of Human Services’ records
Hopkins has a licensed capacity of a total of 683 among the 15 active licensed
facilities (Family Day Care, and Day Care Centers). Furthermore, per analysis from
the University of Minnesota families in the Hopkins School District had an overall
access index that ranked 298th out the 332 Districts (See
https://childcareaccess.org/). This analysis studied quantity, cost, and quality. While
quantity and quality ranked relatively high, cost was near the bottom. Accordingly,
staff believes increasing the supply of day care facilities will positively impact these
conditions. The City can influence said supply by expanding eligible areas for
facilities.
Amendment Options
As noted, the proposed text amendment would allow large day cares as a permitted
use in the IX-S Zone. Staff finds it appropriate to have large day cares in the zone
without additional stipulations as it is in other zones (i.e. restricting to a 25% of floor
area, or only in upper stories). Further, day care facilities must adhere to State
requirements per their license, including provisions relating to internal floor area,
outdoor activity area, and sinks and toilets all based on occupancy. The
Development Code does address anticipated parking needs by requiring one
vehicular stall per each six enrollees. The code does not provide stipulations for
drop-off/pick-up
Should the City desire to review each new day care in this zone on a case-by-case
basis, the use could be listed as a conditional use. Conditional uses require a
conditional use permit, reviewed by the Planning and Zoning Commission with a
final decision by City Council. In the conditional use permit application process, the
applicant would have to demonstrate the proposal met the general condition use
requirements (Compliance with the Comprehensive Plan, Compliance with
applicable code provisions, and that the use is not determinate to the surroundings)
as well as any specific conditions for large day cares.
Staff believes that it is appropriate to list the use as a permitted use in the zone.
Generally, day care have similar characteristics to office or service uses, which are
prevalent in the IX-S zone.
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Review Criteria:
Staff finds that the proposed development code amendment meets the criteria for
approval. In making decisions about code amendments, the City must consider all
relevant factors, including at least the following criteria:
1. Whether the proposed zoning text amendment is in conformity with the
comprehensive plan
The Comprehensive Plan identifies areas within the IX-S zone primarily
within the Commerce and Employment future land use category. The
Commerce and Employment District area is envisioned as being
contemporary auto-oriented development supporting regional and
interstate commerce. Uses expected in commerce and employment
corridors include a mix of commercial, office, service, medical, research
and technology facilities. Secondary uses may include retail and
office/showroom uses. A characteristic of the commerce and employment
district is high visibility and excellent vehicle access.
The vision of the IX-S Zone is for regional-scale nodes, where office,
research and development, and low-impact production and manufacturing
with limited external impacts in an environment accessible via motor
vehicle and walking.
While day cares are not an office or light-industrial use, staff finds the
service nature of day cares to be complementary to and supportive of
those uses. In general, the characteristics of day cares are not
incompatible with those of office or light industrial in terms of vehicular
traffic, parking demand, or other external impacts.
Additionally, Staff finds that the proposal furthers goals of the Plan to
maintain and diversify the City’s strong employment base, and to create
and develop mixed use centers and districts throughout the city, to support
livability and community vitality
Staff finds that this criterion is met.
2. Whether the proposed zoning map amendment corrects an error or
inconsistency or will help meet the challenge of a changed or changing
condition.
Staff finds that there is a need for additional daycare facilities in the city,
and the need is expected to persist given a projected population increase.
The code amendment provides the opportunity for additional facilities by
expanding the areas eligible for day care facilities. Accordingly, staff finds
that this criterion is met.
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Community Input and Engagement:
• No community members commented on this item as of the writing of this
report.
• No community members spoke during the Planning and Zoning Commission’s
public hearing on January 27, 2026.
• Staff will provide an update to the Planning and Zoning Commission on all
public comments received during the public hearing.
Engagement Activities:
• January 27, 2026 Planning and Zoning Commission public hearing.
• Published notice of this public hearing in the City’s official paper.
Alternatives:
Zoning Text Amendments are considered legislative action. The City has a wide
degree of discretion in creating legislation, but it must be reasonable and promote
public health, safety, and/or general welfare.
The City Council could consider the following alternatives:
• Recommend modifications the proposal – such as added stipulations for large
day cares in the IX-S zone.
• Recommend denial of the proposal.
NEXT STEPS
If approved for a first reading, the required second reading of the Ordinance will be
scheduled for the February 17 regular City Council meeting. Publication of the
ordinance amendment in the City’s official paper is required to make the changes
effective.
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2026-1233
AN ORDINANCE AMENDING THE HOPKINS DEVELOPMENT CODE ALLOWING
LARGE DAY CARES AS A PERMITTED USE IN THE IX-S ZONE
SECTION 2. Article 5, Section 102-510 (a), Table 5-1 is hereby amended by adding the
double-underlined language, as follows:
Table 5-1. Principal Use Table
ZONES
Reference MX-TOD MX-D MX-N MX-S RX-TOD RX-D RX-N IX-TOD I-TOD IX-S I1 N1, N2 N3-A N3-B NX1 NX2 P1 P2 RESIDENTIAL 102-530
Household Living, 1 unit ◓ ◓ ◓ ◓ ● ● ● – – – – ● ● ● ● ● – –
Household Living, 2 units ◓ ◓ ◓ ◓ ● ● ● – – – – – ● ● ● ● – –
Household Living, 3–4 units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ● ● – –
Household Living, 5+ units ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – ● – –
Manufactured Home Park – – – – – – – – – – – – ○ ○ ○ ○ – –
Group Living (except as below) ◓ ◓ ◓ ◓ ● ● ● – – – – – – – ○ ○ – –
Residential Facility, Small ● ● ● ● ● ● ● – – – – ● ● ● ● ● – – 102-580 (h)
Residential Facility, Large ○ ○ ○ ○ ○ ○ ○ – – – – – – – ○ ○ – – 102-580 (h)
COMMERCIAL 102-540
Adult-Oriented Business – – – ● – – – – – ● ● – – – – – – –
Animal Boarding – – – – – – – ● ● ● ● – – – – – – –
Consumer Service ● ● ● ● ◐ ◐ ◐ ◐ ● ● ● – – – – – – ◐
Day Care, Adult ● ◓ ● ● ◐ ◐ ◐ ◐ ● ● – – – – ○ ○ – ●
Day Care, Small ● ◓ ● ● ◐ ◐ ◐ ◐ – – – ● ● ● ● ● – –
Day Care, Large ● ◓ ● ● ◐ ◐ ◐ ◐ – ● – – – – ○ ○ – –
Entertainment Venue, Large – – – ● – ● – ● – ● – – – – – – ○ ●
Funeral & Mortuary Service – – – – – – – – – – – – – – – – – –
Lodging (except as below) ● ◓ ◓ ● ● ● ● – – ● – – – – – – – –
Short-Term Rental ◓ ◓ ◓ ◓ ● ● ● – – – – ○ ○ ○ ○ ○ – – 102-580 (h)
Office ◑ ◑ ● ● ● ● ● ● ● ● ● – – – – – – – 102-580 (d)
Personal Credit Establishment ○ – – ○ – – – – – – – – – – – – – – 102-580 (g)
Retail & Entertainment (except as
below) ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – ◐
Brewpub – ● ● ● – ◐ ◐ – – – – – – – – – – – 102-580 (a)
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Firearms Sales Establishment – – – ○ – – – – – – – – – – – – – – 102-580 (b)
Liquor Sales, Off-Sale ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (e)
Tobacco Sales Establishment ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (j)
Self-Service Storage – – – – – – – ○ – – ○ – – – – – – – 102-580 (l)
Vehicle Sales & Service (except as
below)
– – – ○ – – – – ○ ○ ○ – – – – – – – 102-580 (n)
Major Vehicle Repair &
Maintenance
– – – – – – – – ○ ○ – – – – – – – 102-580 (n)
MANUFACTURING & INDUSTRY 102-550
Manufacturing, Artisan ● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – –
Manufacturing, Limited – – – – – – – ● ● ● ● – – – – – – –
High-Impact Industry – – – – – – – – – – ● – – – – – – –
Urban Farm – – – – – – – ● ● ● ● – – – – – ● – 102-580 (l)
Warehousing & Distribution – – – – – – – – ● ● ● – – – – – – –
CIVIC & INSTITUTIONAL 102-560
College ◓ ◓ ◓ ◓ ● ● ● ● – – – – – – – – – ●
Community Assembly ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○
Cultural Facility ● ● ● ● ● ● ● ● ● ● – – – – – – ● ●
Community Garden ● – ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (c)
Detention or Correctional Facility – – – – – – – – – – – – – – – – – ○
Hospital – – – – ○ ○ – – – – – – – – – – – ●
Parks and Open Space – – ● ● ● ● ● ● ● ● ● ○ – – – – ● ● 102-580 (f)
School ◓ ◓ ◓ ◓ ● ● ● – – – – – – – – – – ○
Utilities & Services, Minor ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● 102-580 (m)
Utilities & Services, Major ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 102-580 (m)
OTHER 102-570
Wireless Communication Facility 102-580 (o)
Tower – – – – – – – – – – ○ – – – – – – – 102-580 (o)
Cannabis Businesses
Cannabis & Hemp Retail ● ● ● ● ◐ ◐ ◐ ◐ – – – – – – – – – – 102-580 (p)
Cannabis Cultivation, Small-scale ● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – – 102-580 (p)
Cannabis Cultivation, Large-scale – – – – – – – ● ● ● ● – – – – – – – 102-580 (p)
Cannabis & Hemp Product
Manufacturing, Small-scale
● ● ● ● ◐ ◐ ◐ ● ● ● ● – – – – – – – 102-580 (p)
Cannabis & Hemp Product
Manufacturing, Large-scale – – – – – – – ● ● ● ● – – – – – – – 102-580 (p)
Cannabis Wholesale &
Transportation – – – – – – – – ● ● ● – – – – – – –
KEY: ● = Permitted ◓ = Permitted in Upper Stories Only ◐ = Limited to No More than 25% of Building Area
◑ = Limited on first floor to buildings on the interior of a block see 102-580 (d) ○ = Requires Conditional Use Approval – = Prohibited
SECTION 3. In accordance with Section 3.03 of the City Charter and Minn. Stat. §
412.191, subd. 4, due to the significant length of this Ordinance, City staff shall have the
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following summary printed in the official City newspaper in lieu of the complete
ordinance:
On December 16, 2025, the Hopkins City Council adopted Ordinance 2026-1233 that
amends Chapter 10, Article XVIII of the Hopkins City Code to allow day care uses as a
permitted use in the IX-S zone.
A printed copy of the ordinance is available for inspection during regular business hours
at Hopkins City Hall and is available online at the City’s web site located at
www.hopkinsmn.com.
SECTION 5. EFFECTIVE DATE. The effective date of this ordinance shall be the date of
publication.
First Reading: February 2, 2026
Second Reading: February 17, 2026
Date of Publication: February 26, 2026
Date Ordinance Takes Effect: February 26, 2026
By:
____________________________
Patrick Hanlon, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2026-005
A RESOLUTION APPROVING A FIRST READING OF ORDINANCE 2026-1233 AMENDING
THE HOPKINS DEVELOPMENT CODE ALLOWING LARGE DAY CARES AS A PERMITTED
USE IN THE IX-S ZONE
WHEREAS, the Hopkins Development Code is intended to establish the development
standards to implement the community vision and enact the vision, goals and policies of the 2040
Comprehensive Plan – Cultivate Hopkins (“the Plan”); and
WHEREAS, the Plan’s Land Use Section states goals to maintain and diversify the City’s
strong employment base, and to create and develop mixed use centers and districts throughout the
city, to support livability and community vitality; and
WHEREAS, The Plan’s Land Use section also designates certain portions of the City as have
a future land use designation of Commerce and Employment District; and
WHEREAS, The Commerce and Employment District area is envisioned as being
contemporary auto-oriented development supporting regional and interstate commerce. Uses
expected in commerce and employment corridors include a mix of commercial, office, service,
medical, research and technology facilities; and
WHEREAS, The Hopkins Development Code establishes the IX-S, Employment Mix
Suburban Center zoning designation within portions of the Commerce and Employment District; and
WHEREAS, the vision of the IX-S Zone is for regional-scale nodes, where office, research
and development, and low-impact production and manufacturing with limited external impacts in an
environment accessible via motor vehicle and walking ; and
WHEREAS, Mariela Pineda (“the Applicant”), on behalf of Creek Valley Properties LLC,
owner of 509 2nd Avenue N, proposes a Development Code Text amendment to allow, as a
permitted use, large day cares in the IX-S, Employment Mix Suburban Center zone; and
WHEREAS, the procedural history of the Development Code Text Amendment is as
follows:
1. That the above stated Development Code Text Amendment was initiated by the
Application and deemed complete on December 26, 2025; and,
2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a
public hearing on the application and reviewed such application on January 27, 2026 and
all persons present were given an opportunity to be heard; and,
3. That written comments and analysis of City staff were considered; and,
4. The Planning and Zoning Commission approved a resolution recommending that the City
Council approve the proposed development code amendment; and
WHEREAS, staff recommended approval of the proposed development code amendment
based on the analysis provided in the City Council Report 2026-012 dated February 2, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby
approves first reading of Ordinance 2026-1233 amending the Hopkins Development Code allowing,
as a permitted use, large day cares, in the IX-S, Employment Mix Suburban Center zone, based on
the following findings of fact:
1. The requested development code amendment meets the following review criteria for text
amendments:
a. The proposed zoning text amendment is in conformity with the comprehensive plan
• The Comprehensive Plan identifies areas within the IX-S zone primarily within
the Commerce and Employment future land use category. The Commerce and
Employment District area is envisioned as being contemporary auto -oriented
development supporting regional and interstate commerce. Uses expected in
commerce and employment corridors include a mix of commercial, office,
service, medical, research and technology facilities. Secondary uses may
include retail and office/showroom uses. A characteristic of the commerce and
employment district is high visibility and excellent vehicle access.
• The vision of the IX-S Zone is for regional-scale nodes, where office, research
and development, and low-impact production and manufacturing with limited
external impacts in an environment accessible via motor vehicle and walking.
• While day cares are not an office or light-industrial use, staff finds the service
nature of day cares to be complementary to and supportive of those uses. In
general, the characteristics of day cares are not incompatible with those of
office or light industrial in terms of vehicular traffic, parking demand, or other
external impacts.
b. The proposed zoning map amendment corrects an error or inconsistency or will
help meet the challenge of a changed or changing condition.
• There is a need for additional daycare facilities in the City, and the need is
expected to persist given a projected population increase. The Development
Code amendment provides the opportunity for additional facilities by expanding
the areas eligible for day care uses.
Adopted by the City Council of the City of Hopkins this 2nd day of February, 2026.
By:___________________________
Patrick Hanlon, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
´
1/22/2026
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Conditionally allowed: NX1 & NX2
Allowed in unlimited area: MX-TOD, MX-N, & MX-S
Allowed only within 25% of the building’s area:
RX-TOD, RX-D, RX-N, & IX-TOD
Allowed only in upper stories: MX-D