Loading...
CR 06-086 Rezoning-9020-9092 Excelsior BlvdG~TY OF July 26, 2006 ~'/ O P K I N S Council Report 06-86 REZONING - 9020-9092 EXCELSIOR BOULEVARD Proposed Action Staff recommends the following motion: Move to adopt Resolution 06-50, approving Ordinance 06-972, rezoning the property at 9020-9092 Excelsior Boulevard from B-3 to B-4. At the Zoning and Planning meeting Mr. Skiermont moved and Ms. Aristy seconded a motion to adopt Resolution RZ06-17, recommending approval of Ordinance 06-972, rezoning the property at 9020-9092 Excelsior Boulevard from B-3 to B-4. 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 east side of the City. This study area is generally east of 169 and west of Blake Road and north of Excelsior Boulevard. In August of 2003 the City Council adopted the East Hopkins Land Use and Market Study and directed staff to amend the Comprehensive Plan and zoning ordinance in accordance with the study. In April 2004 the City Council placed an overlay district on the East End. Attached is the staff report. Based on of the recommendations from the East End Study, 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 of the business so that abig-box type retailer will not be allowed. This is the forth area to be rezoned in the East End. Primary Issues to Consider • What is the Comprehensive Plan designation, and what is the zoning of the subject site? • Will the PUD overlay zoning remain? • What does the B-4 zoning allow? • Should the site be rezoned from B-3 to B-4? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Executive Summary of East End Study • Uses allowed in B-4 • Resolution 06-50 • Ordinance 06-972 • Council Report 04-64 Nancy S. Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR06-86 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 of B-4. Will the PUD overlay zoning remain? The overlay zoning will remain in place. The PUD overlay zoning will allow flexibly with the underlying zoning. • 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 of the retail is limited. Should the site be rezoned from B-3 to B-4? The East End Study states the following: Adopting this plan and making related modifications to the zoning are important steps in preparing for redevelopment. These land use controls lay the foundation for the land use pattern illustrated in this plan. Through the Comprehensive Plan and the zoning ordinances, the City is able to prevent new land uses that are inconsistent with redevelopment objectives. Without appropriate land use controls, the City faces the risk of small, new development projects that add further impediments to the redevelopment objectives for the Study area. This rezoning is consistent with the East End Study. What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the site that is proposed to be rezoned. No one appeared at the public hearing regarding this item. Alternatives 1. Approve of the rezoning..By approving the rezoning, any new use of redevelopment of the sites will have to comply with the B-4 zoning. 2. Deny the rezoning. By denying the rezoning, the B-3 zoning district will remain. 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: 06-050 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN ORDINANCE REZONING 9020-9092 EXCELSIOR BOULEVARD WHEREAS, an application for Zoning Amendment ZN06-11 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 July 25, 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 2, 3, and 4, also that part of Lot 1 lying southeasterly of the northwesterly one foot thereof including adjacent alley vacated, Block 16, West Minneapolis Center. Lots 5, 6, 7, including vacated street Blocks 15 and 16 subject to highway, Block 15, West Minneapolis Center NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN06-11 is hereby approved based on the following Findings of Fact: 1. That the rezoning is necessary for future redevelopment of the property. Adopted this 2nd day of August 2006. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 06-972 AN ORDINANCE REZONING 8020-9092 EXCELSIOR BOULEVARD 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 2, 3, and 4, also that part of Lot 1 lying southeasterly of the northwesterly one foot thereof including adjacent alley vacated, Block 16, West Minneapolis Center. Lots 5, 6, 7, including vacated street Blocks 15 and 16 subject to highway, Block 15, West Minneapolis Center First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: August 2, 2006 August 15, 2006 August 24, 2006 August 24, 2006 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date - ' ~ - `26 -- -1- r26 ~ ~ ~ ~ r - 2z -~ ~ r;r ~' ~~ 1 ~ I i ~i- i ~ s ~ ' ~ _zt _ j c;~~ 6_ ~; 1 11 i ( ~ ~ • f-- - - f zo i 7 ~ ~ IE i ~ ~~ ~ ~-- -- - - _, i i t s $ i~ ~ ~ (58} ~ ~ ~ l _.__~ I ~. 18 f~lf';9_b ~i M ~ ~ I ~t ~ , f f. i +~ ! ' / 1 ,-, ~~~ ~ ~ ~ ~ 1 ~, - 1 i I/ ~ ~ ~ ~~ } - 2 1 ~ ,~~ ./~ r~ r 1-, - - - -j t i i `~~ 1_~_... .. ~- Z (~,~) 1;30 i ~ / y ~. . -- '~ 7 4 • . ~ _ ~ / ~ ~]~~ i ~ ~ ~ ~ ~~~ t .. ~~ k , ~ I , _ z 1 _~ ~ s i ~ i ~ ~ ~ -1 ~~~ i t~7} - ~!r ~ _ _ _ ts>~~fv N _ 29~~.:~; ji~~l_-~ ~ ~e~a~` f~t~ i i h! N 28~~5) ~g1li cu •,y ~~~6i~ ~-(~.~~ll ~~ ~L~i35 (~~~ IL ~~ tl ~ _ `7i s t 3 of 26 (5 ~ ;~f;~ ' ~ ~I ~ ~~ tg~ t _1_ _ ~ .~ ~ _ _ ~3 ~ .zit. t<~)14• " i 1 ~ 25 t83 ~(7~ ~~ ~ 25t5~~ ~~T~ i~ ~ - - i I ~ M ~~tf~ t2~~ i5 ' ~~ ~ a- 2$ (5zl -t7~l5 ~ ~ ~~(5T ~$~j i5 _ >~ i ! 1 I `'- - -- ~ ~ ° = - ~ ~ 231 t25~ I~ ~ I ~ ~~ ~~-~ ~ ~(7~•' f~ ~ ~ 2(56) (~9~ 16 e~ ~ c~ ~~13 t26f i7 ~ ~i - ~ 2z too , 7~ji7 ,~ z~~~5~ ~~,o~ i~ ~ _ -- h 1 r 1 ''' 21 7~ (76)18 ~ ~ 2i ~t4) ~51y ie ~ ~i~~Sb~ ~7~ i~ ~ ~ ~ ~ } ~ ( ~ _ _ .. - ~ ~ 20 58 3~- ~~ 1~- ~ z0~zl~r t ~9 ~ U I~~ ~, 2ot7~) ~77)f9 ~ ~. ~ ) ~ . ~ ~.-.. jai ~ ~ ~ L----~ A `~ • ,. ~ -~_.- ~ i t ~ . ~%~S ~ _~ - - - ~ ~ ~ .~ I l i (~z - z~ t~ 2 a It ~ _ :~ ~,~. V . I j "' . C • Executive Summary In 2001 Hoisington ILoegler Group and the City of Hopkins began a study of ``East End" area of the city. This is an area that has experienced ongoing changes and has been heavily influenced by changes in industry, transportation and in residential living patterns in recent years. In recent years the area lost two major industrial employers. A 1994 corridor study for Excelsior Boulevard initiated a series of roadway upgrades; the second phase, which lies within the study area, is now under construction. Finally, in the late 1990s, sixty-two new single-family 1lomes were constructed in the area, the biggest single non-attached housing project to occur in Hopkins in decades. Each of these changes has focused attention on the east end of the city and helped prompt this effort to take. a more proactive look at future land use and market opportunities in this portion of Hopkins. STUDY AREA The East Hopkins Land Use and Market Analysis focuses on an area of the community that lies just east of TH 169, within about a mile. of downtown. The boundaries of the study area generally include Excelsior Boulevard on the south, Blake Road on the east, TH 7 on the north and TH 169 on the west. The primary portion of the study area (indicated in blue in the diagram at left) is the segment of the overall project area that is likely to see change in the short- term due to roadway improvements a11d property acquisitions (Excelsior Boulevard). The secondary portion of the study area (yellow) ilnmediatel}~ surrounds the primary area. EAST HOPKINS LAND USE AND MARKET STUDY Hopkins, Minnesota Legend fTmay SeiOy Arta Se:~ndory SWtly Agee PLANNING AND REGULATORY CONTEXT ~ The study area is included in a varietST of plans that will help shape its future. At the local level, Hopkins' Comprehensive Plan designates a pattern of future land use for ~ ~ the area and the Hopkins Zoning Ordinance further delineates the specific business and residential uses that are allowed on al] of the parcels within the project boundary. ~ ~ ~ ~ Neither of these local tools was considered "an absolute" in assembling this study. The planning process and the land use concepts that emerged from this analysis were not constrained by present plans and ordinances, but were rather assembled based on an assessment of market conditions and a consideration of emerging development trends that encourage new, more flexible zoning provisions. Current plans were considered as background information in the preparation of this study. Existing Land Use, Future Land Use, and Zoning plans each impacts the study area and establishes a current direction. II~IARKET STUDY In seeking to inform the platuung processes for the study area, a market analysis was included. This market analysis was intended to provide: (1) an understanding of local development outlooks; (2) an identification of the area's most promising development niches; and (3} a general identification of the challenges for planners u1 seeking to maximize the area's development potential. Among the factors mast directly contributing to redevelopment potential in the study area are the reconstruction/ realignment of Excelsior Blvd., relocation ofAlliant Tech, and SuperValu's vacation of a large parcel. Other important factors include a positive regional economic outlook and a strategic location. From this detailed market analysis it was concluded that office development is the strongest market niche for the study area. And while the office market may not currently be as strong as it's been in recent years, this will remain the strongest market niche in the study area in the foreseeable future. Residential redevelopment is also viewed to have strong potential in the study area. Commercial redevelopment could potentially work here, but only as part of a mix that includes either, or both of the aforementioned uses. TRANSIT IMPLICATIONS The Southwest Transit Corridor passes through the study area and this fact contributed strongly to the Metropolitan Council's initial interest in this study. Alternately identified as corridor for Light Rail Transit, designated Busway, or Diesel Motor Unit, the rail Line that slices through the study area is controlled by the Hennepin County Regional RailAuthority and remains a piece of the future regional transit puzzle. The potential oftransit-oriented development was a contributing factor that impacted plan concepts throughout this study. EAST H~PKINS LAND USE AND MARKET STUDY Hopkins, Mfnnesota Page 1-2 • LAND USE • • «'hile the primar}~ study is the area Likely to see the most immediate change; the broader secondary study area is where much of the change in the area tom-erges and exerts the most force. The transit corridor mentioned above, Minnehaha Creek, and regional trails are all included within tl~e secondary area, as are the sites recently vacated by the two major industrial employers. An understanding of the forces at work in the larger area as well as a picture of what the land uses should be in the future was an essential component in the creation of a redevelopment plan for the study area. After several preliminary plans explored a broad range ofideas, a final Future Land Use Plan was created. A reflection of comments from City StafF and direction provided by the market analysis, the final Land Use Plan varied slightly from the Cit}~'s current Land Use Plan, most notably in the creation of several parcels designated as "Mixed Use'' in an effort to provide maximum flexibility for future redevelopment efforts within the area. Co~ept Land Use Plan _ ' "_ ;'°* . ~Y - ..~., ''c' V _ =7~:, _ _. t t` _ •~ ~~ i - ~ ~3 I Jr s _ _ '.I _. ~ - -__- _- - - _Ft1G.HiNAY _~ ~ ~~ . ..r ~.. ,r H`vp r ^1, „ _ fEX c - -, ~, J l' - _ ~•~- _ ~. -- _ . C, . ~/ .. r; - r-. I ~ ~ i ' rr _ _ ..{ k__ ~. L N __- - 1 ~ ' .j --r ~ I ~ ~Ii ~i , ,i i ~ .. _ _ ~ _ rr _ ' ~ r _ ~ , i . ~LEGEND~ ~ .. .', .. i ~ r ~. ~ ~"~ s ~ ~ Low Cxnsfty Residenlia! O Mixed Use P.U.D. y .Y ~... ti~ s..~. r•. axon . ~ Medium Density Residential C Open Space o --~~ ~ I roo .oo act n Hiph Density Residential C Water CommerciaURetail C, Transq gyn.. ~.~~ M, _~ N 0 [ 9 O Otfice/lntlustnal ~ Streetscape - Office ~ Parkway ~ OftSUeet Tra0 East Hopkins Land Use and Market Study Hopkins, Alinncsor~ -May Z7, 2OJZ i ~~y4 ~- EAST HOPK(NS LAND USE AND MARKET STUDY Hopkins, Minnesota Page 1-3 ~~ REDEVELOPMENT CONCEPT ~ ~ .~ closer look at the primar~~ study area, the redevelopment concept focuses on ~ ~ detailed site planning and land use patterns within their urban physical context. Again a wide range of concepts v,%ere initially explored and again these concepts were revie«~ed with Cite Staff and ref ned to produce a single preferred alternative. Certain ~; ~ '~ "givens" were included in each concept and eventually worked their way into the final concept. For example: each concept considered transit implications, but none was entirely dependent on this unknown commodit57; each included a mix of uses that focused on providing density, a component critical to transit ridership and the financial realities of redevelopment; each sought to create open space amenity, contributing to an identity that the area currently lacks. • The final "Revised Redevelopment Concept'" includes a mix of uses that reflects what were concluded to be the market realities for the study area. Redevelopment is clustered into "modules" of office, residential, or mixed uses that can ultimately be implemented in whole, or be phased in over time. More dense and urban in character than the area exists today, the plan reflects an urbanization that is consistent with a broader regional vision, and creates a strong identity for Hopkins that the area lacks today. Legend r yi. Commercial= `; Office z Mixed Use ..<~: , ._- _ . - ~~== = -_ .-~ i-1 r. k° .4 .y_ . High Density ~:`~; public Green Residential Medium Density j Storm Pond! Residential ~ ~ ~ Rain Garden Transit Station ~, r~.,, ~ Gff'Street Trail ~~~~ ;~ .. ~~ Mme. _~ • . __.i ~ ,~.~'. r ,- EAST HOPKINS LAND USE AND MARKET STUDY Hopkins, Minnesota Page 1-4 .~ , . - - - IMPLEMENTATION/NEXT STEPS 1t~~ true that several barriers to redevelopment exist: there is a lack of economic incentive for redevelopment, there are a lack of catalysts to promote redevelopment, the current layout of land uses and associated lack of any large parcels make it difficult to engage in any large-scale redevelopment, and the costs ofredevelopment are significantly greater than development of "new" land on the urban fringe. All of these barriers point to a need for greater dezisity if any sort of redevelopment is going to be financially realistic. Regardless, there are strategies thatwillhelp implement these changes over time. Adopting land use controls, «7orking ~~%ith current land ov~mers likely to remain (e.g.. Edco,) facilitating the SuperValu redevelopment, guiding transit planning, and phasing are all strategies that can incrementally contribute to the ultimate success ofthe planning efforts undertaken in this study. And lastly, the plan for redevelopment ofthe study area cannot materialize without public financiai participation, necessat~~ to assembie the sites and reduce the land costs to a point at «~hich development is fnancially feasible. T7~e final plan reflects a pattern of redevelopment `'modules" that can be phased in over time as parcels become available or e~te1-~~al pressures contribute to the need for redevelopment. • Suggested "l~~~odules" of Rede~~elopment Parcels EAST HOPK[NS LAND USE AND MARKET STUDY Hopkins, Minnesota Page 1-5 April 28, 2004 Council Report 04-64 ZONING ORDINANCE AMENDMENT -EAST END OVERLAY DISTRICT Proposed Action. Staff 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 meeting, Ms. Aristy moved and Mr. Sholtz seconded a motion to adopt Resolution RZ04-10, recommending 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 east 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 opportunities make this area a likely area for continuing redevelopment. Along with the land use and market study component, the study also addressed a potential beautification project that could be implemented 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 owners 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 the 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. Primary Issues to Consider. • What is an overlay district? • What are the proposed boundaries of the overlay district? • What is the purpose 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 Nancy S. Anderson, AICP Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): 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 the traditional zoning areas. This overlay district divides the area into six areas, and if there is to be a redevelopment the parcels in the area have to be assembled 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-districts. What 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. 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 redevelopment. Sohn 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 Holt, appeared before the Commission. Mr. Berg was concerned 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 term and what we want Hopkins to look like in 20 years. Gary V~ilson appeared before the Commission. Mr. Wilson was concerned that the modules were too small and should we be looking to make them larger. Alternatives. 1. Approve the overlay district. By approving the overlay district, an overlay district will 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 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. 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 S-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 capit al letter or letters set forth in this subsection. The permitted use structure in a B district is considered the principal use. upon any land or in any (Amended Ord. 639) (Amended Ord. 96-787) (Amended Ord. 05-951) PERMITTED USES B-1 B-2 B-3 B-4 1. Adult-oriented business, as X X governed and regulated by Chapter 1165 of the City Code. (Amended 95-762) 2. Airport X X 3. Amusement device (3)XBB (3)XBB XBB 4 . P_ppliance store X X (2) XEE 5. Art shops - pictures X X X 6. Auction - public or private (1) X X 7. Auto repair X . 8. Auto accessory and parts (1) X X 9. Auto sales and/or lease (2)~ 10. Auto wash subject to permit X 11. Armory, auditorium, exhibit hall (2)XB (2)XB 12. Bakery X X X 13. Banks, savings and loan X (2)XV X 14. Bar - Tavern X X X 15. Beauty or barber shop X X X ~ X 16. Bike sales (Added Ord. 05-951) (4)X 17. Boat - marine sales X 18. Books - office supplies X X (4)X 19. Bottling plant not in excess of X 6,000 sq. ft. 20. Boutiques (2)XJ X (2)XJ X Section 535 - Page 1 ], Hopkins City Code {Zoning) • 535.01, Subd. 3, 21. (Revised 7-28-05} PERMITTED USES B-1 B-2 B-3 B-4 21. Bowling - table tennis, pool hall (2)XU X X 22. Broadcasting (T.V. - radio) X X 23. Bus and other transit X X 24. Business school (1)X X 25. Cabinet - electrical, heating, X plumbing, upholstery, air condition- ing provided the operation does not exceed 6,000 sq. ft. 26. Camera - photographic X X 27. Carpet and floor covering X X 28. Clinics X X X X 29. Clothing store X (2)X 3 0 . Clubs (private - non profit ) (1) XC ( 2) XC 31. ~ Coin and stamp X X 32. Commercial greenhouse (2)XD 33. Costume & formal wear rental X X 34. Currency Exchange (Added Ord. 04-92 0) (2)XEE 35. Cycle shop and snowmobile {2)XW X 36. Day nursery (2)XE (2)XE (2)XE 37. Delicatessen X X X 38. Department store X 39. Dental - Med. Lab ~ (1)X X • 40. Drive-ins (non food) (2)XF {2)XF 41. Dry cleaning and laundry (2)XG X X _ 42. Dry cleaning and laundry pickup X X X 43. Employment agency X X X 44. Essential public service & utility X X X structures 45. Fabric and sewing store (2)XI X 46 . Fixit shop (2) XY XY XY 47. Florist X X X X 48. Furniturz store X X 49. Garden and landscape (2)XZ (2)XZ (2)XZ 50 . Gifts and novelties (2) XJ X (2) XJ X 51. Glassware, china, pottery X X X 52. Glass and mirror installation X 53. Grocery, fruit, vegetable X X 54. Hardware X X 55. Health clubs - studio X 56. Hobby - crafts - instruction X X X 57 . Hotel - motel (2) XK (2) XK 58. Interiors - decorating studio X X X 59. Jewelry X X 60. Karate, health club, dance studio (2) XL (1) X X X 61. Leather goods - luggage X X 62. Library - public or private X X 63. Liquors X X 64. Locker plan - 6,000 sq. ft. maximum X 65 . Locksmith and f ixit shop (2) XY (2) XY X 66. Lumber and related items X 67. Meats X X _ 68. Mortuary X X Section 535 - Page 2 2 Hopkins City Code (Zoning) 535.01, Subd. 3, 69. {Revised 7-28-05) PERMITTED USES B-1 B-2 B-3 B-4 69. Motors repairing X 70. Music store X X X 71. Newsstand X 72 . Offices (2)XN X X X 73. Open sales lot (2)XO (2)XO (2}XO 74. Optical - jewelry mfg. (1)X X 75. Orthopedic - medical supplies X (sales and manufacturing) 76. Paint and wallpaper X X 77. Parking ramps and lots X X 78. Pawn shop - antiques - used materials X X 79. Pet Store (~) X 80. Pharmacy - drug store X X 81. Photography - studio X X x 82. Picture framing - art shop X X X 83. Pipe - tobacco shop X 84. Post office X 85 . Print shop (2) XP X X 86. Public auction (see auction) X 87. Records, TV, radio, sound, phono X X 88 . Religious institutions, etc . X (2) XCC (2) XCC 89. Rental service (2)X4 90 . Research labs (2) XT 91. Residential 2)XH (2)XH {2)XH (2) FF 92. Restaurant - traditional X X X X 93. Restaurant - carry-out and delivery X 94. Restaurant - drive-in (2)XR 95. Restaurant - fast food {2}XS 96. Roller rink - ice arena X 97, Self-service station (2)XDD 98 . Service station (2) XM 99. Shoes - boots store X X 100. Sporting goods X X 101 Stationery - card shop X X (2)XJ X 102. Stone monument sales x 103. Tailoring X X X 104. Taxidermist X 105. Taxi terminal X 106. Theater - non-drive-in X X 107. Tires - battery, accessory & recap X 108. Trade school (1)X X 109. Transient merchants (Added Ord. 05-947) X 110 . Truck - trailer sales (2) XAA 111. Variety stores X X 112. Veterinary clinic X X X 113. Video - sales, rental X X X 114. Warehouse - 16,000 sq. ft. maximum, not abutting Mainstreet (Amended Ord. 2000-841) X Section 535 -.Page 3 Hopkins City Code (Zoning) 535.01, 5ubd. 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) B-1 ~ B-2 B-3 B-4 Lot area - sq. ft. 5, 000 - 3, 000 - Lot width - ft. 50 20 25 Floor area requirement - F.A.R. 1.0 6 1.5 Front yard 20 1 1 1 Front yard - P.U.D. 20 Side yard 10 0 0 10 Rear yard 10 10 15 10 Requirements for lots fronting state and county roads, as follows: Front yard 20 1 Side yard 10 10 Building height 25 45 Front yard of B lots abutting R district 1/2 of the required R district Side yard abutting R district same as R district Rear yard abutting R district same as R district Rear yard from alley 2 0 10 15 Building height 25 70 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 ti re inflation, adding oil and wiper replacement; (P_dded Ord. 96-787) Section 535 - Page 4 Hopkins City Code (Zoning) 535.03, Subd. 2, A) 8. {Revised 7-28-05) 8. no outside storage or display except vehicles for sale or rent; (P_dded Ord. 96-787} 9. no public address system; {Added Ord. 96-787) 10. no test driving of vehicles on local residential streets; (Added Ord. 96-787} 11. used car lots shall be permitted only when an ir_tegral part of a new car dealership. (Added Ord. 05-941} B) Armory, auditorium or exhibit hall in the B-2 business zone provided: 1. it is an accessory use to an existing permitted business; 2. one off-street loading dock is provided and in the B-3 business zone; 3. the facility has frontage on a major thoroughfare as shown on the adopted thoroughfare plan; 4. has one parking space for each five seats of rated capacity; 5. has an off-street loading dock for the first 5,000 sq. ft. and another for each additional 10,000 sq. ft. up to three docks; 6. has an off-street traffic design for dropping off and picking up pedestrians outside of the required yards and public right- of -way; 7. all frontage on a public street shall be considzred as front yard. .. C) Clubs (private non-profit) provided: 1. When located in a B-1 business district said building shall be 20 feet or more from all R residential districts, shall have a screening fence of acceptable design between parking and R residential districts, building shall not exceed 5,000 sq. ft.; 2. When located in a B-3 business district said property shall have a 15 foot minimum front yard and if abutting a side street a 10 foot minimum yard and all yards shall be landscaped. 3. When located in a B-2 district, clubs are permitted on the first floor at a site located at least 150 feet from Mainstreet.(Added Ord. 03-896} D) Commercial greenhouses provided: 1. provisions are made to store all good and equipment inside a building except for trash which shall be stored in containers screened from the public view; E) Day,Care Facility: 1. said operation shall be licensed. (Amended Ord. No. 93-722) Section 535 - Page 5 Hopkins City Code (Zoning) 535.03, Subd. 2, F) (Revised 7-28-05) F) Drive-ins (non food) provided: 1. the site is designed and constructed to handle parking and traffic flow according to a plar_ submitted to and approved by the city: 2. the site drainage is designed and constructed according to a plan submitted to ar_d approved by the city; 3. that screening be provided along the property lines to control headlight beams when abutting an R residential district; 4. that the front yard and side street yard shall be landscaped and not less than ten feet in depth; 5. the lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in an R residential district; 6. that an on site vehicular storage lane of sufficient capacity to accommodate 15 minutes of service be provided for each service station; 7. when the site is located in the B-2 business district it shall abut either First Street South or First Street North. i G) Dry cleaning and laundry provided: 1. the site shall have a loading and unloading facility to accommodate a minimum of three vehicles which shall not be parking spaces; 2. an on site parking space in addition to the above for each vehicle to be used as a part of the business; 3. an approval from the city engineer relative to sanitary sewer and water supply H) Dwelling units not occupying first floor provided: 1. one off-street parking space for each unit; 2. all dwellings must have an entrance leading directly to a public street; 3. the density allowed shall be R-3. I) Fabric and sewing store provided: 1. the square footage of the store does not exceed 3,000. J) Gifts and novelties and boutiques and stationary provided: 1. all merchandise is contained within a building and said business shall not exceed 3,000 sq. ft. Section 535 - Page b Hopkins City Code {Zoning) • K) Hotel - motel provided: 535.03, Subd. 2, K) (Revised 7-28-05) 1. the site shall contain not less than 600 sq. ft. of lot area per rental unit; 2. should the hotel-motel contain service business, said business shall only have access from the lobby area; 3. when located in the B-3 business district, the site shall have frontage on a major thoroughfare. L) Karate, health club or dance studio provided: 1. the building shall not exceed 3,000 sq. ft.; 2. the hours of operation shall fall between 7 a.m. and 10 p.m. 3. that screening be provided along the property line to control headlight beams when abutting an R residential district. M) Service station provided: 1. the site shall be constructed for drainage according to a plan submitted and approved by the city engineer and fire marshal; 2. the entire site not covered with building or landscaping shall be hard surfaced; 3. the lighting shall be accomplished in such a way as to have no direct source visible from the public right-of-way or adjacent land in the R district; 4. no driveway access is less than 40 feet from a street intersection; 5. any other businesses operated on the site shall conform to this code; 6. the site shall be constructed for parking and traffic according to a plan submitted and approved; 7. stacking for gas pumps shall be provided for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking areas and shall not be permitted on any public right-of-way, private access easement or within the required parking setback; {Amended Ord. 96-787) 8. the front yard shall be landscaped and ten feet in depth, if station is non-conforming a curb shall be constructed to separate the drive from public walk; 9. no vehicles which are unlicensed and inoperabe shall be stored on premises except in appropriately designed and screened storage areas; .- (Amended Ord. 96-787) Section 535 - Page 7 Hopkins City Code (Zoning) 535.03, Subd. 2, M 10. (Revised 7-28-05) 10. all repair, assembly, disassembly and maintenance of vehicles shall occur within closed buildings except minor maintenance, including tire inflation, addition of oil and wiper replacement; (Amended Ord. 96-787) N) Offices provided: 1. that not more than 30% of the floor space is devoted to storage, repair, fabricating or assembly of goods. 0) Open sales lot provided: 1. the lot is graded and surfaced according to a plan submitted and approved by the city engineer; 2. the assembly, repair or manufacturing of goods shall be prohibited; 3. all lot lines abutting a R district shall have a six foot fence of acceptable design erected along the line except abutting a required front yard; 4. there is located on the site a building devoted to and used in conjunction with the open lot, having a gross square footage as large or larger with the open sales lot; • 5. that the storage on such lot be so organized that a space not less _ than 15 feet in width and in such condition to accommodate vehicular travel between such storage aisles and storage shall not exceed a depth of 50 feet; 6. the height of such storage shall not exceed ten feet; 7. the lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent land in the R district; 8. any portion of the lot which is to be used for open storage shall be screened from public view by an acceptably designed fence; 9. if the Iot is located in the B-2 or B-3 business district, a ten foot landscaped front yard and side street yard shall be provided. P) Print shop provided: 1. the shop's business is primarily from the general walk-in public Q) Rental service - provided: 1. the lot is graded and surfaced according to a plan submitted and approved by city engineer; 2. the lighting shall be accomplished in such a way as to have no direct source visible from the public right-of-way or adjacent land in the R district; Section 535 - Page 8 Hopkins City Code (Zoning) depth; 535.03, Subd. 2, O, 3. (Revised 7-28-05) 3. the front yard shall be landscaped and not less than ten feet in 4. the exterior storage area shall be according to a plan submitted and approved; 5. the site shall provide off-street loading facilities to accommodate customers. R) Restaurant - drive-in provided: .1. conformance to all conditions stated in subsection f) of this section except 4 and 7; 2. that provisions be made to pick up the adjacent neighborhood daily relative to material initiated at the site; 3. that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than ten feet. S) Restaurant - fast food provided: 1. conformance to all conditions stated in subsection f) of this section except 4, 6 and 7; 2. that the front yard and side yard shall be landscaped with the front yard not less than 20 feet and side yard not less than ten feet; 3. that provisions be made to pick up the adjacent neighborhood daily relative to material initiated on the site; 4. drive-through address systems shall not be audible from any residential parcel. (Added Ord. 96-787} T) Research laboratory provided: 1. the business shall be contained within a building, U) Commercial recreation such as bowling alleys, pool and billiard halls, miniature golf, archery range, gun clubs, provided they are operated within a building. V) Banks and savings and loan institutions, provided the land to be used for such purpose abuts or is separated only by a public right-of-way from the B-2 business district. W) Cycle shops and snowmobiles provided the business is conducted within a building, provided the site has on site loading facilities and provided not more than 300 of the building is used for repair and maintenance. Y) Fix-it shop providing all work and storage is conducted within a building. Section 535 - Page 9 Hopkins City Code (Zoning) 535.03, Subd. 2, Z (Revised 7-28-05) Z) Garden and landscaping when all or a portion is outside in the B-1 or B-3 district provided: 1. a fence not less than 30" shall separate the required 15 foot front yard from the sales and service area; 2. off street loading shall be provided; 3. a trash disposal plan shall be provided; ?~. mechanical equipment stored on the site shall be screened from right-of-way. Within the B-2 district all of the operation shall be within a building. AA) Truck and trailer sales lots provided: 1. the sales lot shall not be larger in square footage than two times the square footage of the building devoted to the truck and trailer sales business; 2. the sales lot shall have a 20 foot front yard which shall be landscaped according to an approved plan and be continuously maintained; 3. the sales lot shall be constructed according to a drainage plan approved by the city; _ 4. the sales lot shall be surfaced to control dust; 5. lighting shall be accomplished according to a plan approved by the city; 6. should the location abut a residentially zoned lot, a fence not less than six feet in height shall be constructed and a 25 foot landscaped buffer shall be constructed according to a plan approved by the city; 7. signs and parking in conformance with this code and the city code. BB) The operation of amusement devices may be allowed pursuant to proper city permit or license therefor in B districts, except that not more than three pinball machines or related amusement devices shall be permitted or operated in any location in any B-1 and B-2 use districts. CC) Religious Institutions provided: 1. That there shall be r_o permanent or temporary living units on the property except for the parsonage. 2. That there is adequate screening or buffering provided from abutting residential districts. 3. That there is adequate off-street loading and service entrances as detailed in section 550.09. ?. That there shall be no religious institution within 350 feet of an off sale or on sale liquor establishment. Section 53 S - Page 10 Hopkins City Code (Zoning) 535.03, Subd. 2, CC, 5. {Revised 7-28-05) 5. That there shall be no religious institutions within 350 feet of an adult oriented business. 6. That the building occupying the religious institution shall meet the building occupancy codes. 7. That a religious institution located in the B-3 district shall comply with the parking requirements of section 550.05. (Added Ordinance 93-725) DD) Self-service station provided: 1. conformance to all conditions stated in subsection M of this section except 9 and 10. (Added Ord. 96-787) EE ) Currency exchange a. The use shall be located at least one thousand (1,000) feet from all existing currency exchanges, secondhand goods stores, pawnshops and missions. b. The use shall be located at least two hundred (200) feet from a residential or institutional district. c . The use shall be located at least three hundred fifty ( 3 5 0 ) f eet f nom an off - sale liquor establishment. d. Back-lighted signs, back-lighted awnings, portable signs, temporary signs and freestanding signs shall be prohibited. e. The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. f. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. g. The use of bars, chains or similar security devices that are visible from a public street or sidewalks shall be prohibited. (Added Ord. 04-920) . FF) Appliance store provided: I. That the square footage is limited to 5000 square feet. 2. That the retail area is at least a0 percent. (Added Ord. 05-951) GG) Residential provided: 1. That the Excelsior Boulevard frontage dwelling units can not occupy the first floor . 2. That there is at least one underground parking space per unit. 3. That all dwelling must have an entrance leading directly out of the building. 4. That the density allowed shall be R-S. (Added Ord. 05-951) 535.05. B districts: permitted accessory uses. a) Signs b) Fences c) Buildings temporarily located for purpose of construction. Section 535 - Page i1 Hopkins City Code (Zoning) 535.45, d) (Revised 7-28-05) d) Decorative landscaping. e} Trash containers provided they are screened and do not occupy a required parking space, front yard or loading area. f) Loading docks which do not face the public street in front and as regulated in this ordinance. g) Bicycle racks. h) Flag poles i) Walkways j} Parking. k) Private swimming pools, tennis court and related uses. 1} Repairs, manufacturing and assembly as a secondary use when necessary in the conduct of a primary allowed use. m) Marquees and awnings on private or public property subject to the city code. n) Other uses customarily associated with but subordinate to a permitted use, as allowed by the City. (Amended Ord. 639) o) Off street parking and loading. Section 535 - Page 12