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Zoning Ordinance Amendments/Transient Merchantsl CITY OF, March 22, 2005 HoP- Planning Report ZN05 -2 io ZONING ORDINANCE AMENDMENTS TRANSIENT MERCHANTS Proposed Action. Staff recommends the following motion: Move 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. Overview. The City Council recently adopted a licensing ''procedure for transient merchants. The licensing allows transient merchants only in the B -3 zoning district. The ordinance amendment will allow transient merchants in the B -3 zoning district. All transient merchants will have to be licensed. j I Pr Issues to Cons Should transient merchants be allowed in the B -3 zoning district? What is the proposed amendment? What is the staff recommendation? Supporting Documents. Analys of Issues Resolution RZ05 -6 Ordinance 05 -947 CA loo Nanc Anderson, AICP Planner Financial Impact: N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: 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. Alternatives. 1. Approve the zoning amendment to allow transient merchants in the he 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 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 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ05 -6 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF 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 staff were considered. 1111 NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN05 -1 is hereby recommended for approval based on the following Findings of Fact: 1. That the proposed amendment protects the health, safety, and welfare of the community. Adopted this 29 day of March 2005. Mary Hatcher, Chair 4110