CR 11-045 Rezoning - 525 Blake Rd• June 1, 2011
•
•
GITY OF
yOPKINS
Council Report 11-45
REZONING — 525 BLAKE ROAD
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 11-25, approving Ordinance 11-
1027, rezoning 525 Blake Road from B-3 General Business to B-4 Neighborhood Business for first
reading.
If the City Council indicates that the property should not be rezoned the City Council's action is to
move to adopt Resolution 11-25B, denying Ordinance 11-1027, rezoning 525 Blake Road from B-3
General Business to B-4 Neighborhood Business.
At the Zoning and Planning meeting, Mr. Datta moved and Mr. Jenny seconded a motion to adopt
Resolution RZ11-6, recommending denial of Ordinance 11-1027, rezoning 525 Blake Road from B-
3 General Business to B-4 Neighborhood Business. The motion was approved unanimously.
Overview
525 Blake Road is the site of the former BP gas station. This gas station has been closed for several
years. A few years ago, the City approved a B-4 zoning district. This zoning district is a more
neighborhood type business district. Gas stations, fast food restaurants, and auto sales lots are not
allowed in the B-4 district. 525 Blake Road has residential zoning on the east and south sides. The
B-4 district also limits the size of the business so that a big -box type retailer will not be allowed.
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 from B-3 to B-4?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Resolution 11-25A
• Resolution 11-25B
• Ordinance 11-1027
• Business District zoning ordinance
LA I
Nancy Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CRI 1-45
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.
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 site abuts residential uses to the east and south, vacant parcel to the north and commercial to the
west. It is a commercial site, but the intensity of the commercial can be regulated by changing the
zoning from B-3 to B-4.
• What was the discussion at the Zoning and Planning meeting?
• Ms. Anderson reviewed the rezoning for 525 Blake Road. At the public hearing Mark Smith
appeared before the Commission. Mr. Smith would like to open a pawn shop at 525 Blake Rd. If
the site were rezoned to B-4, a pawn shop would not be allowed. Mr. Smith reviewed his
operation with the Commission. There was considerable discussion regarding the operation of
pawn shops. Ms. Anderson reminded the Commission the discussion for this evening was whether
525 Blake Rd is an appropriate site for B-3 uses or whether the B-4 district is more appropriate, and
not about Mr. Smith's pawn shop. The Commission felt that the site should be open for more
business uses, and that it should remain B-3.
Alternatives.
1. Approve the rezoning. By approving the rezoning, the site will be rezoned to B-4. If the City
Council considers this alternative, Resolution 11-25A should be approved.
2. Deny the rezoning. By denying the rezoning, the site will remain zoned B-3. If the City Council
considers this alternative, Resolution 11-25B should be approved.
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: 11-25A
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN ORDINANCE
REZONING 525 BLAKE ROAD FROM B-3 TO B-4
WHEREAS, an application for Zoning Amendment ZN11-2 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 May 31, 2011:
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:
is That part of the south 225 feet of the west 208 feet lying north of Cambridge Street
excluding Road, Lot 68, Auditor's Subd. No. 239
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN11-2
is hereby approved based on the following Findings of Fact:
1. That the Planning Commission reviewed the proposed rezoning
2. That there is residential zoning on the east and south sides of 525 Blake Road.
3. That the Planning Commission determined that the B-4 zoning would be more
appropriate for this site.
Adopted this 7th day of June 2011
ATTEST:
Eugene J. Maxwell, Mayor
Deborah L. Sperling, City Clerk
CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 11-25B
RESOLUTION MAKING FINDINGS OF FACT AND DENYING AN ORDINANCE
REZONING 525 BLAKE ROAD FROM B-3 TO B-4
WHEREAS, an application for Zoning Amendment ZN11-2 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 May 31, 2011:
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:
• That part of the south 225 feet of the west 208 feet lying north of Cambridge Street
excluding Road, Lot 68, Auditor's Subd. No. 239
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN11-2
is hereby denied based on the following Findings of Fact:
1. That the site should not be limited in business uses.
2. That the site connects to the abutting retail use and not the abutting residential uses.
Adopted this 7th day of June 2011
ATTEST:
Eugene J. Maxwell, Mayor
0 Deborah L. Sperling, City Clerk
•
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 11-1027
AN ORDINANCE REZONING 525 BLAKE ROAD, 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.
That part of the south 225 feet of the west 208 feet lying north of Cambridge Street excluding
Road, Lot 68, Auditor's Subd. No. 239
First Reading:
• Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Deborah L. Sperling, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
0
Date
June 7, 2011
June 21, 2011
June 30, 2011
June 30, 2011
Eugene J. Maxwell, Mayor
Hopkins City Code (Zoning) 535.01
0 (Revised 10-29-08)
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), (3), (4) and (5). (Amended Ord. 07-
990)
(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)
(5) means that the use is not allowed within 500 feet of a public park, public or private school,
church, daycare, nor the Hopkins Center for the Arts. (Added Ord. 07-990)
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
r
district is considered the principal use. (Amended Ord. 639) (Amended Ord. 96-787) (Amended Ord. 05-951)
Section 535 — Page 1
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.
Appliance store (Amended Ord.06-977)
X
X
(2)XFF
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)XA
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.
Bed and breakfasts (Added Ord. 08-1000)
(2)XI"
17.
Bike sales (Added Ord. 05-951)
(4)X
18.
Boat - marine sales
X
19.
Books - office supplies
X
X
(4)X
- 20.
Bottling plant not in excess of 6,000 sq. ft.
X
21.
Boutiques (2)XJ
X .
(2)XJ
X
Section 535 — Page 1
Hopkins City Code (Zoning)
535.01, Subd. 3, 22.
(Revised 10-29-08)
Section 535 -Page 2 2
PERMITTED USES
B-1
B-2
B-3
B-4
22.
Bowling - table tennis, pool hall
(2)XU
X
X
23.
Broadcasting (T.V. - radio)
X
X
24.
Bus and other transit
X
X
25.
Business school
(1)X
X
26.
Cabinet - electrical, heating, plumbing,
X
upholstery, air conditioning, provided
the operation does not exceed 6,000
sq. ft.
27.
Camera - photographic
X
X
28.
Carpet and floor covering
X
X
X
(Amended Ord.06-977)
29.
Clinics
X
X
X
X
30.
Clothing store
X
(2)X
31.
Clubs (private - non profit)
(1)XC
(2)XC
32.
Coin and stamp (Amended Ord.06-977) X
X
X
33.
Commercial greenhouse
(2)XD
34.
Costume & formal wear rental
X
X
35.
Currency Exchange (Added Ord. 04-920)
(2)XEE
36.
Cycle shop and snowmobile
(2)XW
X
37.
Day nursery (Amended Ord.06-977)
(2)XE
(2)XE
(2)XE
(2)XE
38.
Delicatessen
X
X
X
39.
Department store
X
40.
Dental - Med. Lab
(1)X
X
41.
Domestic animal day care facility
(2)XII
(Added Ord. 08-1002)
42.
Drive-ins (non food)
(2)XF
(2)XF
43.
Dry cleaning and laundry
(2)XG
X
X
44.
Dry cleaning and laundry pickup
X
X
X
45.
Employment agency
X
X
X
46.
Essential public service & utility
X
X
X
structures
47.
Fabric and sewing store
(2)XI
X
48.
Fixit shop
(2)XY
XY
XY
49.
Florist
X
X
X
X
50.
Furniture store (Amended Ord.06-977)
X
X
(4)X
51.
Garden and landscape
(2)XZ
(2)XZ
(2)XZ
(2)(4)XZ
(Amended Ord.06-977)
52.
Gifts and novelties
(2)XJ
X
(2)XJ
X
53.
Glassware, china, pottery
X
X
X
54.
Glass and mirror installation
X
55.
Grocery, fruit, vegetable
X
X
56.
Hardware
X
X
57.
Health clubs - studio
X
58.
Hobby -crafts -instruction
X
X
X
59.
Hotel - motel
(2)XK
(2)XK
Section 535 -Page 2 2
Section 535 - Page 3
Hopkins City Code (Zoning)
535.01, Subd. 3, 60.
0
(Revised 10-29-08)
PERMITTED USES
B-1
B-2
B-3
B-4
60.
Interiors - decorating studio
X
X
X
61.
Jewelry
X
X
62.
Karate, health club, dance studio
(2)XL
(1)X
X
X
63.
Leather goods - luggage
X
X
64.
Library - public or private
X
X
65.
Liquors
X
X
66.
Locker plan - 6,000 sq. ft. maximum
X
67.
Locksmith and fixit shop
(2)XY
(2)XY
X
68.
Lumber and related items
X
69.
Meats
X
X
70.
Mortuary
X
X
71.
Motors repairing
X
72.
Music store
X
X
X
73.
Newsstand
X
74.
Offices
(2)XN
X
X
X
75.
Open sales lot
(2)XO
(2)XO
(2)XO
76.
Optical jewelry mfg.(Amend.Ord.06-977)
(1)X
X
X
77.
Orthopedic - medical supplies
X
(sales and manufacturing)
78.
Paint and wallpaper(Amended Ord.06-977)
X
X
X
79.
Parking ramps and lots
X
X
80.
Pawn shop - antiques - used materials
X
X
81.
Pet Grooming (Added Ord. 07-985)
X
82.
Pet Store
(2)X
83.
Pharmacy - drug store
X
X
84.
Photography - studio
X
X
X
85.
Picture framing - art shop
X
X
X
86.
Pipe - tobacco shop (Amended Ord. 07-990)
(5)X
87.
Post office
X
88.
Print shop
(2)XP
X
X
89.
Public auction (see auction)
X
90.
Records, TV, radio, sound, phono
X
X
(4)X
(Amended Ord.06-977)
91.
Religious institutions, etc.
X
(2)XCC
(2)XCC
92.
Rental service
(2)XQ
93.
Research labs
(2)XT
94.
Residential
2)XH
(2)XH
(2)XH
(2)GG
95.
Restaurant - traditional
X
X
X
X
96.
Restaurant - carry -out and delivery
X
97.
Restaurant - drive-in
(2)XR
98.
Restaurant - fast food
(2)XS
99.
Roller rink - ice arena
X
100.
Self-service station
(2)XDD
101.
Service station
(2)XM
102.
Shoes - boots store
X
X
Section 535 - Page 3
Hopkins City Code (Zoning)
0
•
PERMITTED USES B-1
103. Sporting goods (Amended Ord. 06-977)
104. Stationery - card shop X
105. Stone monument sales
106. Tailoring
107. Taxidermist
108. Taxi terminal
109. Theater - non -drive-in
110. Tires - battery, accessory & recap
111. Trade school
112. Transient merchants (Added Ord. 05-947)
113. Truck - trailer sales
114. Variety stores
115. Veterinary clinic
116. Video - sales, rental
117. Warehouse - 16,000 sq. ft. maximum, not
abutting Mainstreet (Amended Ord. 2000-841)
535.01, Subd. 3, 103.
(Revised 10-29-08)
B-2
B-3
B-4
X
X
(4)X
X
(2)XJ
X
X
X
X
X
X
X
X
X
X
(1)X
X
X
(2)XAA
X
X
X
X
X
X
X
X
X
Section 535 — Page 4