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2019-041 Denying the Zoning Code Text Amendment Request from Wilshire Properties, LLC to Allow Licensed Residential Programs Serving 7 to 10 Person as a Conditional use in the R-1-D and R-1-E Districts CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2019-041 A RESOLUTION DENYING THE ZONING CODE TEXT AMENDMENT REQUEST FROM WILSHIRE PROPERTIES, LLC TO ALLOW LICENSED RESIDENTIAL PROGRAMS SERVING 7 TO 10 PERSONS AS A CONDITIONAL USE IN THE R-1-D AND R-1-E DISTRICTS WHEREAS, the applicant, Wilshire Properties, LLC, initiated zoning code text amendment application to allow licensed residential programs serving 7 to 10 persons as a conditional use in the R-1-D and R-1-E single-family zoning districts; and WHEREAS, the procedural history of the application is as follows: 1. A comprehensive plan amendment, rezoning, and conditional use permit application was initiated by the applicant on February 21, 2019; 2. The applicant held a neighborhood meeting at the Hopkins Pavilion on March 19,2019 in conformance with the City of Hopkins Neighborhood Meeting Policy; 3. The applicant withdrew its application for a comprehensive plan amendment,rezoning, and conditional use permit on March 22, 2019; 4. A zoning code text amendment to allow licensed residential programs serving 7 to 10 persons as a conditional use in the R-1-D and R-1-E Districts was initiated by the applicant on March 22, 2019; 5. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed notice, held a public hearing and reviewed such application on April 23, 2019 and all persons present were given an opportunity to be heard; 6. That the written comments and analysis of City staff were considered that included a recommendation to deny this application; 7. The Hopkins Planning & Zoning Commission voted 4-3 to recommend the City Council approve the text amendment, as submitted; 8. On May 7, 2019, the Hopkins City Council reviewed such application and the comments and recommendations from the Planning & Zoning Commission, City staff, the applicant, and all others that have provided input on the matter. WHEREAS, based on a review of the application and the submissions, the Planning and Zoning recommendation, and the written staff report, and after careful consideration of all other written and oral comments concerning the requested zoning code text amendment, the City 1 Council makes the following findings of fact: 1. The proposed zoning code text amendment would be incompatible with present and future land uses within the zoning districts in which it is proposed. The R-I-D and R- 1-E districts are single-family districts whereby licensed residential programs are only permitted for six or fewer persons, which is mostly consistent with a single-family designation. To allow licensed residential programs with greater capacities in these districts, through a conditional use permit or otherwise, would from a land-use perspective create an adverse impact on the surrounding properties. The City Code currently designates licensed residential programs with 7-16 persons as a conditional use in the City's multi-family residential districts due to the impacts created by facilities serving this many persons, and said impacts are inconsistent with the City's single- family districts. 2. The proposed zoning code text amendment is also inconsistent with the 2030 Comprehensive Plan, which guides the R-1-D and R-1-E districts as low-density residential to support the preservation and protection of the City's existing residential neighborhoods. Additionally, the draft 2040 Comprehensive Plan presently maintains, as the primary purpose of R-1-D and R-1-E district, low-density single-family uses. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hopkins that all recitals set forth in this Resolution are incorporated into and made part of this Resolution, and more specifically, constitute the express findings of the City Council. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Hopkins that based on the findings contained herein, the City Council of the City of Hopkins hereby denies the applicant's requested zoning code text amendment. Adopted by the City Council of the City of Hopkins this 7`" day of May 2019. ATTEST: ORWAV Amy Domeier, City Clerk Jason Gadd, Mayor 2