CR 11-071 Zoning Ordinance Amendment - Liquor Stores in B-4OITY OF
I*
July 27, 2011 NOPKINS Council Report 11-71
ZONING ORDINANCE AMENDMENT — LIQUOR STORES IN B-4
Proposed Action
Staff recommends the following motion: move to adopt Resolution 11-38, approving Ordinance
11-1033, amending the zoning ordinance to allow liquor stores in the B-4 zoning district for
first readin;?.
At the Zoning and Planning meeting, Mr. Datta moved and Ms. Naef seconded a motion to
adopt Resolution RZ 11-10, recommending approval Ordinance 11-103 3, amending the zoning
ordinance to allow liquor stores in the B-4 zoning district. The motion was approved
unanimously.
Overview
The City has received an application for a zoning amendment from Mac's Liquor to allow
liquor stores in the B-4 zoning district. Originally the area where Mac's Liquor is located was
zoned B-3, General Business. In response to the East End Study, there was a recommendation
to develop a new zoning district and to rezone this area to the new zoning district. A B-4
district was created and the property in the east end was rezoned.
• Mac's Liquor is now located in a B-4 zoning district along with all the properties abutting the
north side of Excelsior Blvd from Blake Road to the railroad tracks. The lease for Mac's
Liquor's runs out in September 2012. Mac's Liquor is grandfathered in the current location. If
the liquor store location changes to another B-4 location, a liquor store use would not be
allowed because a liquor store is not a permitted use in the B-4 zoning district.
Primary Issues to Consider
• What is the proposed amendment?
• What is the staff recommendation?
What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Zoning Map
• Resolution 11-38
• Ordinance 11-103 3
Nancy . Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
• Related Documents (CIP, ERP, etc.):
Notes:
CR11-71
Page 2
• Primary Issues to Consider.
What is the proposed amendment?
The proposed amendment will allow off -sale liquor stores in the B-4 zoning district. Staff is
also recommending that the size of the store be limited to 5000 square feet.
What is the staff recommendation?
The B-4 zoning is a neighborhood zoning. Without adding liquor stores to the B-4 zoning
district, there are very limited locations where a liquor store could be located in the east end of
Hopkins. Staff is recommending approval of the proposed ordinance with the condition that
the area of the store is limited to 5000 square feet. This limitation will not allow a large liquor
store, which is more in line with the neighborhood type zoning.
What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed amendment to add liquor stores to the B-4 zoning district.
The Commission discussed possible locations for liquor stores on the east end. No one
appeared at the public hearing regarding this item.
• Alternatives
1. Approve the amendment to the zoning ordinance. By approving the amendment to the
zoning ordinance, the zoning ordinance will be amended.
2. Deny the amendment to the zoning ordinance. By denying the amendment to the zoning
ordinance, the zoning ordinance will not be amended. 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.
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City of Hopkins Zoning Map
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a-0
!-2
R-2
Zoning Districts
OR -I -A SINGLE AND TWO FAMI LY HIGH DENSITY
R-1-13 SINGLE FAMILY HIGH DENSITY
R -1-C SINGLE FAMILY MEDIUM DENSITY
x1 R -I -D SINGLE FAMILY LOW DENSITY
- R -1-E SINGLE FAMILY LOW DENSITY
R-2 LOW DENSITY MULTIPLE FAMILY
R3 MEDIUM DENSITY MULTIPLE FAMILY
- R4 MEDIUM HIGH DENSITY MULTIPLE FAMILY
- RS HIGH DENSITY MULTIPLE FAMILY
_ R{ MEDIUM DENSITY MULTIPLE FAMILY
B-1 LIMITED BUSNIESS
- B-2 CENTRAL BUSINESS
-B-3 GENERAL BUSINESS
- B-0 NEIGHBORHOOD BUSINESS
I-1 INDUSTRIAL
a 1-2 GEN ERAL INDUSTRIAL
- BUSINESS PARK
® INSTITUTIONAL
0 675 1,750 3,500 5,250 7,000
Feet
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 11-38
RESOLUTION MAKING FINDINGS OF FACT AND
RECOMMENDING APPROVAL OF A ZONING AMENDMENT
WHEREAS, an application for Zoning Amendment ZN11-5 has been applied for by Dave and
Sue McCarville;
WHEREAS, the procedural history of the application is as follows:
1. That an application for a zoning amendment was applied for by Dave and Sue
McCarville;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on July 26, 2011:
all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
• NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN11-5
is hereby approved based on the following Findings of Fact:
•
1. That the Zoning and Planning Commission reviewed the proposed
ordinance.
2. That it has been determined that a liquor store is an acceptable use in the
B-4 zoning district.
BE IT FURTHER RESOLVED that application for Zoning Amendment ZN11-5 is hereby
approved subject to the following condition:
1. That the size of liquor stores in the B-4 zoning district is limited to 5000
square feet.
Adopted this 1 st day of August 2011.
ATTEST:
Deborah L. Sperling, City Clerk
Eugene J. Maxwell, Mayor
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 11-1033
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:
Section 535 - Zoning: business districts
PERMITTED USES
41. Liquors
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
, City Clerk
APPROVED AS TO FORM AND LEGALITY:
is City Attorney Signature Date
B-1 B-2
X
B-3 B-4
X 4X
August 1, 2011
August 16, 2011
August 25, 2011
August 25, 2011
Eugene J. Maxwell, Mayor