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2007-067 (2)CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 07-67 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN ORDINANCE AMENDMENT REGULATING THE SALE AND USE OF TOBACCO WITHIN THE BUSINESS ZONING DISTRICT WHEREAS, an application for Zoning Amendment ZN07-5 has been made by the City of Hopkins; WHEREAS, the procedural history of the application is as follows: 1. That an application for zoning amendments 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 September 25, 2007: 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 City Council of the City of Hopkins makes the following Findings of Fact: 1. The legislature of the State of Minnesota has found that: (1) smoking [tobacco] causes premature death, disability, and chronic disease, including cancer and heart and lung disease; (2) smoking related diseases result in excess medical care costs; and (3) smoking initiation occurs primarily in adolescence, and the Legislature has stated its desire to prevent young people from starting to smolce, to encourage and assist smokers to quit, and to promote clean indoor air. The Hopkins City Council hereby adopts and concurs with these legislative findings. 2. Previously, the sale of tobacco and tobacco products was a permitted use in B-2 zoning districts in the City of Hopkins, and was also allowed as an accessory use in other zoning districts. This allowed exclusive tobacco sales establishments to be located near public parks, public or private schools, churches and the Hopkins Arts Facility, locations at which children and young people are frequently present. 3. Given the harm caused by tobacco use, especially by the young, the City Council finds that the public health, safety and welfare may be harmed by the location or concentration of tobacco sales establishments near public parks, public or private schools, churches, daycares, and the Hopkins Arts Facility, and that the sale of tobacco as a primary use should not be permitted within 500 feet of the those uses. The City Council also finds that restricting the sale of cigarettes, cigars, tobacco and all related products as an accessory use within the Business zoning districts of the City to 25 percent or less in square footage of the sales area will serve this public purpose. w~°°''.,.x`boa~ei~~:w,.~:i.,s3%~*ssb_z~s~-~<~`-,.~...~-, s~~"m~~v %r~_~~ - - ,~.- ,t -, ., -` --- `-~`- ~ - - _ _ ~ . , , .. , x _ , -, ~,=~.s,~..~ . ~~ Adopted this 7th day of November 2007. ATTEST: ~. ~.. erry.Ob maie~, City Clerk E ne J. axwell, Mayor ~- ,a,~v~isw'a~~~ ~~.,:. __.xc~ ..._~x.,_- ~~i,.3~~'~~c`~,~z~a_~~.e,~x`~a..-y~~~.~:~..:m~___,~s2,~'a''~'sr:~s._...~.~_.,u ,.~.~_.,,~~~_~_...~..~,.t::,~,-....~,~.,_ ~ ,.._ _~„ d_,_.i_~~~..~ ~_,_._ ~ _ ~..,~~,;a~~~~r~~~.,,.~..~~,_,w~~.._,,.,_.4 -4