CR 05-44 Zoning Amendments - Transient Merchants
CITY OF
~
HOPKINS
March 30, 2005
Council Report 05-44
ZONING ORDINANCE AMENDMENTS - TRANSIENT MERCHANTS
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 05-31, approving
Ordinance 05-947, adopting an ordinance amendment to allow transient merchants in the B-3
zoning district.
At the Zoning and Planning meeting Ms. Halverson and Mr. Sholtz seconded a motion to
adopt Resolution RZ05-6, recommending approval of Ordinance 05-947, adopting an
ordinance amendment to allow transient merchants in the B-3 zoning district. The motion
was approved unanimously.
Overview.
The City Council recently adopted a licensing procedure for transient merchants. The
licensing allows transient merchants only in the B-3 zoning district. All transient merchants
will have to be licensed. This ordinance amendment will allow transient merchants in the B-
3 zoning district.
Primary Issues to Consider.
. Should transient merchants be allowed in the B-3 zoning district?
. What is the proposed amendment?
. What is the staff recommendation?
. What was the discussion at the Zoning and Planning meeting?
Supportin2 Documents.
. Analysis of Issues
. Resolution 05-31
. Ordinance 05-947
(if\a,~ GrrkI\OO1l
Nancy Anderson, AICP
Planner
Financial Impact: $ N/ A Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
ZN05-2
Page 2
Primary Issues to Consider.
. Should transient merchants be allowed in the B-3 zoning district?
The only logical area for this type of use is the B-3 zoning district. B-1 is a limited business
area, in only a few locations within the City. The B-2 zoning district is the downtown area.
The B-3 is the zoning district that is a general business area that is in other locations
throughout the City.
. What is the proposed amendment?
Transient Merchants will be allowed as a permitted use within the B-3 zoning district.
535.01 PERMITTED USES
B-3
Transient Merchants X
. What is the staff recommendation?
Staff is recommending approval of the proposed ordinance.
· What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed ordinance. It was noted that the City Council recently
adopted an ordinance to license transient merchants only in the B-3 zoning district. No one
appeared at the public hearing regarding this issue.
Alternatives.
1. Approve the zoning amendment to allow transient merchants in the B-3 zoning district.
By approving the zoning amendment, transient merchant, will be allowed in the B-3
zoning district.
2. Deny the zoning amendment and transient merchants will not be allowed in the B-3
zoning district. By denying the zoning amendment the City Council will consider a
recommendation of denial. If the Planning Commission considers this alternative,
findings will have to be identified that support this alternative.
3. Continue for further information. If Planning Commission indicates that further
information is needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 05-31
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING ORDINANCE AMENDMENTS TO ALLOW TRANSIENT MERCHANTS AS A
PERMITTED USE IN THE B-3 ZONING DISTRICT
WHEREAS, an application for Zoning Amendment ZN05-2 has been made by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a zoning amendment was made 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 March 29,
2005: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staffwere considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN05-1
is hereby approved based on the following Findings of Fact:
1. That the proposed amendment protects the health, safety, and welfare of the
community.
Adopted this 5th day of April 2005.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2005-947
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
That Section 535 of Hopkins Code of Ordinances be the same and are hereby amended by
adding the following section:
535.01 PERMITTED USES
B-3
106. Transient Merchants X
Other uses listed in Sections 535 are to be renumbered accordingly
First Reading:
April 5, 2005
Second Reading:
April 19,2005
Date of Publication:
April 28, 2005
Date Ordinance Takes Effect:
April 28, 2005
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date