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Memo Second Reading of Ordinance - Bingo Halls � CITY OF HOPKINS MEMORANDUM DATE: September 12, 1989 TO: City Council FROM: Nancy S. Anderson SUBJECT: Second Reading of Ordinance - Bingo Halls - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is Ordinance No. 637 that, will allow Bingo Halls in the B-3 district. This is the second reading of this ordinance. The Council action is to approve the second reading and order the ordinance published. ---�. '� ''� CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO: 89-637 AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE NO: 515-570 PERTAINING TO BINGO HALLS IN THE B-3 DISTRICTS BE IT ORDAINED, by the City Council of the City of Hopkins as follows: That the Hopkins Zoning Ordinance No. 515-570 be and the same is hereby amended by adding the following provisions: 535. 01 g-3 Subd. 3 . Bingo Halls (2) XCC 535. 03 Subd. 2 .CC) Bingo Halls provided: 1. That the applicant submit a floor plan and seating plan. 2 . That the City approve the hours of operation and any changes thereto. --� 3 . That the applicant obtain a State Bingo license. 4 . That on-site parking is required as per Section 550. 05. 550. 05 Subd. 30 Bingo Hall. At least one space for each two seats based on capacity design. First Reading September 5, 1989 Second Reading September 19 , 1989 Date of Publication October 4 , 1989 Date Ordinance Takes Effect October 24 , 1989 Nelson W. Berg, Mayor Attest: James. A. Genellie, City Clerk � Y \ l Q G '� <� ti 5 ^ September 26, 1990 � P " � � Council Report: 90-206 ZONING AMENDMENT - BINGO Proposed Action. Staff recommends approval of the following motion: Move to adopt Resolution No: 90-109 approving Ordinance 90-686 for first readin�q which will not allow binao halls as a primary use in the B-3 district Approval of this motion will remove bingo as a primary use in the B-3 district. The Commission on a 5-1 vote recommended approval of the amendment. An amendment to the Zoning Ordinance requires a 4/5 vote. overview. Over the past 6 months there has been a moratorium on bingo as a primary use. During this time the Planning Commission and the City Council have been reviewing the issue of bingo as a primary use in Hopkins. At the September 4, 1990 City Council meeting the Council directed staff to draft an ordinance to remove bingo as a primary use in the B-3 district. Staff reviewed the proposed ordinance. A resident of Interlachen Park appeared before the Commission. He stated that he supported the �proposed ordinance to remove bingo as a primary use from the B-3 iistrict. There was considerable discussion by the Commission on primary vs secondary uses. It was noted that if bingo is removed as a primary use in the B-3 district the Jaycees could conduct bingo as a secondary use. Primarv Issues to Consider. o What is the background for changing the ordinance? o Will bingo still be allowed in Hopkins? Supporting Documents. o Analysis of Issues o Alternatives o Resolution No: 90-109 o Ordinance 90-686 � ,n � ��(, ' I�'�l� �� Nancyi . Anderson Planner � ^ ZONING AMENDMENT CR: 90-206 Page 2 Primary Issues to Consider. o What is the background for the changing of the ordinance? On October 24, 1989 an ordinance which allowed bingo halls by conditional use permit in the B-3 district became effective. At the January 30, 1990 Zoning and Planning Commission meeting the Commission heard and approved a request from the Jaycees for a Bingo Hall at 1115 East Excelsior Avenue. The Jaycees withdrew their request before the next Council meeting. On May 8, 1990 an ordinance establishing a moratorium on bingo halls as a primary use became effective. The moratorium expired on September 4, 1990, but was extended to December 31, 1990. At the May City Council workshop a memo was presented from staff of possible land use issues dealing with bingo as a primary use. The City Council directed staff to research those issues and hold a public hearing at the Zoning and Planning Commission level. �.�t the June City Council workshop a memo was presented to the City 'ouncil on the three cities that currently have a bingo operation as a �rimary use. The issues outlined by others dealt with land use issues. A public hearing was held on June 26 at the Zoning and Planning Commission meeting. The Commission discussed the land use issues of bingo and indicated that the existing ordinance allowing bingo should not be changed. At the July 31 Zoning and Planning meeting the discussion focused on issues of allowing Bingo in the B-2 district. Mr. Woodrich made a motion to allow bingo in the B-2 district in addition to the B-3 district. The motion was seconded by Mr. Winship. The vote was 3-3. Because of the tie vote, no formal action was taken by the Planning Commission on providing a recommendation to the City Council. At the August City Council workshop the City Council discussed the issue of bingo as a primary use. At this meeting the Council heard input from the audience. On September 4th the City Council directed staff to draft an ordinance to remove bingo as a primary use. The moratorium was also extended until December 31, 1990. �"� r r� ZONING AMENDMENT CR: 90-206 Page 3 o Will bingo still be allowed in Hopkins? Bingo as a secondary use will still be allowed in Hopkins. Before bingo as a primary use was proposed, several organizations held bingo sessions at their establishments one or two nights a week. This bingo continued during the moratorium and will continue if the ordinance is amended to not have bingo as a primary use. Alternatives. 1. Approve the resolution recommending approval of the ordinance to not allow bingo as a primary use in the B-3 district. Approval of the resolution will recommend that bingo is removed as a primary use in the B-3 district. 2. Deny the resolution recommending approval of the ordinance to not allow bingo as a primary use in the B-3 district. By recommending denial of the resolution bingo will be allowed as a primary use in the B-3 district. -� 3. Continue for further information. If the Commission feels further information is needed, the item should be continued. i� ^ CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 90-109 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO NOT ALLOW BINGO AS A PRIMARY USE IN HOPKINS WHEREAS, an application by the City of Hopkins for a Zoning Amendment to not allow bingo as a primary use in Hopkins is hereby approved. WHEREAS, the procedural history of the amendment is as follows: 1. That the application for Zoning Amendment ZN90-5 was filed with the City of Hopkins on September 5, 1990. 2. That the Hopkins Planning Commission reviewed such application on September 25, 1990 . 3 . That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on September 25, 1990; all persons present at the hearing were given -- an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for Zoning Amendment ZN90-5 is hereby approved subject to the following Findings of Fact: l. That bingo as a primary use is not compatible with the other B-3 uses. 2 . That bingo will remain as an accessory use. Adopted this 6 day of November, 1990. Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk � �, CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO: 90-686 AN ORDINANCE AMENDING HOPKINS ZONING ORDINANCE NO: 515-570 PERTAINING TO BINGO HALLS IN THE B-3 DISTRICTS BE IT ORDAINED, by the City Council of the City of Hopkins as follows: That the Hopkins Zoning Ordinance No. 515-570 be and the same is hereby amended by removing the following provisions: 535. 01 g_3 Subd. 3 . Bingo Halls (2) XCC 535. 03 Subd. 2.CC) Bingo Halls provided: 1. That the applicant submit a floor plan and seating plan. �' 2 . That the City approve the hours of operation and any changes thereto. ^ 3 . That the applicant obtain a State Bingo license. 4. That on-site parking is required as per Section 550. 05. 550. 05 Subd. 30. Bingo Hall. At least one space for each two seats based on capacity design. First Reading November 6, 1990 Second Reading November 20, 1990 Date of Publication December 5, 1990 Date Ordinance Takes Effect December 25, 1990 Nelson W. Berg, Mayor Attest: --� James A. Genellie, City Clerk