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CR2002-187 East End Moratorium - Extension G \ T Y U/- ~ ~ f-tOPK1NS . November 26, 2002 Council Report 02-187 EAST END MORATORIUM - EXTENSION Proposed Action. Staff recommends the following motion: Move to adopt Ordinance 02-885, extending the moratorium on rezonings and subdivisions in the primary study area of the east end study for an additional six months, for first reading. Overview. The City of Hopkins is in the process of completing a land use and market analysis for the east end of Hopkins. The City has contracted with Hoisington Koegler Group Inc. to do the study. There was a concem by the Zoning and Planning Commission and the City Council that during the study a development could occur in the study area that was counter to the final recommendations of the study. As a result of this concern, the Planning Commission recommended to the City Council that a moratorium be placed on rezonings and subdivisions . for the primary study area for the duration of the study. The City Council agreed with the Commission, adopting an interim ordinance. The interim ordinance expires on December 24, 2002. The study is in the process of being completed and should be available by the end of the year. To allow time to draft necessary ordinance changes, staff is requesting a six-month extension of the moratorium. Supportine Documents. . Ordinance 02-885 :'\ 1 If '1Grr- ~ . ., :... ;) - i' " ,; Jc ~ \ Nancy'S. Anderson, AICP Planner Financial Impact: $ ~N/A_Budgeted: Y/N Source: I - Related Documents (Crp, ERP, etc.): . Notes: -- . CR02-l87 Page 2 . Alternatives. 1. Approve the moratorium extension. By approving the moratorium extension, lots in the primary study area will not be able to be rezoned or subdivided. 2. Deny the moratorium extension. By denying the moratorium extension, the lots in the primary study area will be able to rezoned and subdivided during the study. 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. . . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 02-885 AN ORDINANCE EXTENDING INTERIM ORDINANCE NO. 01-863, AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND REGULATING GRANTING OF LAND USE AMENDMENTS AND SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Back2found and Findin2s. 1.01 On November 7, 2001, the Hopkins City Council approved Ordinance No. 01-863 (the "Interim Ordinance"), an interim ordinance enacting a moratorium on all land use amendments, rezoning, subdivision or plats and directing City staff to prepare a planning study to determine whether it is necessary to amend the City's existing Ordinances, Regulations and Official Controls or adopt new ordinances relating to land use amendments and subdivisions within the primary study area for the East End Study. The . Interim Ordinance is to remain in effect for a one (I) year period ending December 24, 2002. 1.02 Section I of the Interim Ordinance included certain findings adopted and approved by the Hopkins City Council as the basis for directing that the planning study be conducted and adopting the moratorium on the granting of land use amendments and subdivisions within the primary foclls area of the study. The Hopkins City Council hereby determines that the facts and circumstances and the findings described in Section 1 of the Interim Ordinance remain in existence, that there continues to be a need for further evaluation and review of the planning study by the Hopkins City Council, staff and consultants, and adoption of ordinances, amendments to existing ordinances and/or regulations to address the facts and circumstances that were the basis for adoption of the Interim Ordinance. The City Council hereby confirms, adopts and ratifies the findings contained in Section 1 of the Interim Ordinance. 1.03 The Interim Ordinance will terminate on December 24, 2002. There is a need to extend the term of the Interim Ordinance for a period of six additional months to protect the planning process and the health, safety and welfare of City residents while evaluation of the planning study is completed and a final detennination is made by the Hopkins City Council regarding the need for adoption of amendments to the City's ordinances, regulations and official controls relating to and regulating land use amendments and subdivisions located within the primary study area of the planning study conducted by . Hoisington Koegler Group and identified in the Interim Ordinance. . . Section 2. Extension of Interim Ordinance. The Interim Ordinance, Hopkins Ordinance No. 01-863, is hereby extended for a period of six months, ending June 24, 2003. The Interim Ordinance, including the moratorium established by Section 3 thereof, shall remain in effect in all of its terms and conditions, as originally adopted by the Hopkins City Council, until August June 24, 2003, or such earlier date as may hereafter be established by an ordinance duly adopted by the City Council repealing the Interim Ordinance. Section 3. Effective Date. This ordinance shall be effective upon its publication. First reading: December 3,2002 Second reading: December 17, 2002 Date of Publication: December 26, 2002 . Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date . - 2 -