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VI.1. Second Reading: Interim Ordinance 2018-1131 – Auto Repair & Auto Sales Moratorium; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: May 1, 2018 Subject: Second reading of Interim Ordinance 2018-1131 - Auto Repair & Auto Sales Moratorium Proposed Action Move to adopt Resolution 2018-040, Approving the Second Reading of Interim Ordinance 2018- 1131, Regarding the Regulation of Automobile Repair and Automobile Sales or Lease Uses and Authorizing its Publication. Overview Staff recommends approval a the Second Reading of Interim Ordinance 2018-1131, placing a moratorium of up to one year on Automobile Repair and Automobile Sales or Lease Uses. The City Council approved the first reading on April 17th and revised the ordinance to more specifically target the moratorium. The provisions of the moratorium shall apply to all properties within either a business or industrial district, except for those properties abutting U.S. Highway 169. Under these criteria, Hopkins Honda (250 - 5th Avenue South), Walser (314 Mainstreet) and the EBCO site (201 – 3rd Street South & 140 Washington Avenue South) are excluded from the moratorium. Should the City Council approve the moratorium, it would go into effect upon publication scheduled for May 10, 2018. Enacting a moratorium should be thought of as pushing the pause button while the City studies this issue and decides if any zoning changes are needed. If the City Council approves the moratorium, any existing auto repair or sales use would be allowed to continue normal operations. But existing uses could not expand and new uses could not be established for a period of up to one year or the study and zoning changes are complete, whichever comes first. This ordinance was drafted by the City Attorney in conformance with state law. Both staff and the City Attorney find the interim ordinance would give City staff sufficient time to study these uses, evaluate various options for regulation, and protect the planning process and the health, safety and welfare of Hopkins citizens. Should the City Council approve this item, staff will prepare a schedule to study this issue during the moratorium period and work to engage the stakeholder businesses in that process. Supporting Documents • City Council Resolution 2018-040 • Interim Ordinance 2018-1131 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2018-040 A RESOLUTION APPROVING THE SECOND READING OF INTERIM ORDINANCE 2018- 1131, REGARDING THE REGULATION OF AUTOMOBILE REPAIR AND AUTOMOBILE SALES OR LEASE USES AND AUTHORIZING ITS PUBLICATION WHEREAS, the City of Hopkins initiated an application to consider an interim ordinance regarding the regulation of Automobile Repair and Automobile Sales or Lease Uses; and WHEREAS, the procedural history of the application is as follows: 1. The application to consider an interim ordinance regarding the regulation of Automobile Repair and Automobile Sales or Lease Uses was initiated by the City of Hopkins on April 10, 2018; and 2. The City Council of the City of Hopkins held a first reading of this ordinance during the April 17, 2018 City Council meeting; and 3. The written comments and analysis of City staff were considered; and 4. the City Council of the City of Hopkins approved the first reading of Interim Ordinance 2018-1131 regarding the regulation of Automobile Repair and Automobile Sales or Lease Uses within the City of Hopkins pursuant to Minnesota Statute 462.355, Subdivision 4 during their April 26, 2018 City Council meeting; and 5. The City Council of the City of Hopkins held a second reading of this ordinance during the May 1, 2018 City Council meeting; and 6. The written comments and analysis of City staff were considered; and WHEREAS, Subdivision 4 of Minnesota Statutes, Section 462.355, allows cities to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens; and WHEREAS, an interim ordinance may regulate, restrict or prohibit any use, development or subdivision within the City for a period not to exceed one year from the effective date of the interim ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the second reading of Interim Ordinance 2018-1131 regarding the regulation of Automobile Repair and Automobile Sales or Lease Uses within the City of Hopkins pursuant to Minnesota Statute 462.355, Subdivision 4; and WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinances. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause the following summary of Ordinance 2018-1131 to be published in the official newspaper in lieu of the entire ordinance: Public Notice Public Notice The City Council of the City of Hopkins has adopted Ordinance 2018-1131, An Interim Ordinance Regarding the Regulation of Automobile Repair and Automobile Sales and/or Lease Uses Within a Portion of the City of Hopkins, Adopted Pursuant to Minn. Stat. § 462.355, Subdivision 4. The ordinance declares a moratorium for up to one year on commercial automobile repair uses, regardless of the size or type, and commercial automobile sales and/or lease uses in the City’s business districts and industrial districts, except for those properties abutting U.S. Highway 169, while the official controls related to said uses are further studied. The full text of Ordinance 2018-1131 is available for inspection at Hopkins City Hall during regular business hours. Adopted by the City Council of the City of Hopkins, Minnesota, this 1st day of May, 2018. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk DRAFT 4/17/18 1 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE 2018-1131 AN INTERIM ORDINANCE REGARDING THE REGULATION OF AUTOMOBILE REPAIR AND AUTOMOBILE SALES AND/OR LEASE USES WITHIN A PORTION OF THE CITY OF HOPKINS, ADOPTED PURSUANT TO MINN. STAT. § 462.355, SUBDIVISION 4 THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Authority and Findings. A. Minn. Stat. §462.355, subd. 4 provides that if a municipality is conducting studies or has authorized a study to be conducted for the purpose of considering adoption or amendment of a comprehensive plan or official control, the City Council may adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens. An interim ordinance may regulate, restrict or prohibit any use, development or subdivision within the City or a portion thereof for a period not to exceed one year from its effective date. B. In an ongoing effort to eliminate inconsistencies in the City’s zoning regulations, implement the City’s Comprehensive Plan and 2018 Goals and Strategic Plan, and help mitigate the impact of automobile-related uses on adjacent properties and surrounding neighborhoods, the City has recently undertaken the process of reviewing and amending its zoning controls as they relate to automobile sales and/or lease uses and automobile repair uses. Although a study regarding said uses has been ongoing, that study needs to continue. The City Council believes that regulation of these uses deserves careful consideration in light of information from City staff, residents, and surrounding businesses. C. The City Council believes that the study should continue and that additional discussion is necessary in order to evaluate various regulatory options available to the City, including maintaining current regulations, amending current regulations, and/or adopting additional regulations. D. The City Council believes that an interim ordinance is necessary and prudent in order to complete the study and give the Council sufficient time to evaluate its options for regulation, and to protect the planning process and the health, safety and welfare of the citizens of Hopkins. Section 2. Study. The City Council hereby authorizes the continuation of the study on the City’s regulation of auto-related uses, including, but not limited to, a review of the following: A. Public health, safety, and welfare issues relating to auto-related uses with a specific emphasis on the effect of these businesses on surrounding properties and neighborhood vitality. DRAFT 4/17/18 2 B. Whether a continuation of the current regulations regarding auto-related uses within Hopkins is appropriate or, whether it would be appropriate to make changes to the current regulations as to specific zoning districts or geographic areas within the City and, if so, which ones. C. The experiences of other cities that regulate these industries in a manner similar to Hopkins, or that have used different regulatory approaches. D. The experience and preferences of City planning staff, residents, and local businesses regarding these uses. E. Any other potential amendments to the current regulatory scheme that may be appropriate for the City’s official controls. Section 3. Moratorium. In accordance with the above findings and authority, the following provisions shall apply to all properties within either a business district or an industrial district, except for those properties abutting U.S. Highway 169: A. Commercial automobile repair, regardless of the size or type, is no longer a permitted use. No application for any permit or approval of any nature concerning automobile repair shall be accepted by the City during the term of this interim ordinance. No additional review or other work on any previously accepted applications concerning automobile repair shall be conducted during the term of this interim ordinance. Previously received applications shall be withdrawn by the applicant or the application shall be acted upon by the City in accordance with this interim ordinance. This provision does not apply to automobile repair uses that are in existence on the date this interim ordinance takes effect. B. Commercial automobile sales and/or lease is no longer a permitted use. No application for any permit or approval of any nature concerning automobile sales and/or lease shall be accepted by the City during the term of this interim ordinance. No additional review or other work on any previously accepted application concerning automobile sales and/or lease shall be conducted during the term of this interim ordinance. Previously received applications shall be withdrawn by the applicant or the application shall be acted upon by the City in accordance with this interim ordinance. This provision does not apply to automobile sales and/or lease uses that are in existence on the date this interim ordinance takes effect. Section 4. Enforcement. In addition to any criminal penalties authorized by law, the City may enforce this interim ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separability. Every section, subsection, provision or part of this interim ordinance is declared separable from every other section, subsection, provision or part. If any section, subsection, provision or part of this interim ordinance is adjudged to be invalid by a court of DRAFT 4/17/18 3 competent jurisdiction, such judgment shall not invalidate any other section, subsection, provision or part. Section 6. Effective Date; Duration. This interim ordinance shall take effect immediately after its adoption and publication. It shall be effective for the following duration: (a) one year from the effective date of this interim ordinance, or (b) the date upon which Hopkins reaffirms, amends, or repeals its ordinances and official controls relating to automobile repair and automobile sales and/or lease. Amendments to ordinances or official controls relating to one of these uses but not the other shall not affect this interim ordinance with respect to the use that is unaffected by said amendments. First Reading: April 17, 2018 Second Reading: May 1, 2018 Publication Date: May 10, 2018 Date Ordinance Takes Effect: May 10, 2018 By: ______________________________ Molly Cummings, Mayor ATTEST: ___________________________ Amy Domeier, City Clerk