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CR 03-180 East End Moratorium - Extension December 11, 2DD3 G}TY p~ ~OPKINS Council Report 03-180 EAST END MORATORIUM -EXTENSION • Proposed Action. Staff recommends the following motion: Move to adopt Ordinance 03-914, extending tie moratorium on rezonin s and subdivisions in the rim stud area of the east end stud for an additional six months, for first reading Overview. The City of Hopkins has completed 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 concern 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, 2003. The study is completed, and staff is working on placing an overlay ordinance on the East End to direct redevelopment of the area. To allow time to draft necessary ordinance changes, staff is requesting asix-month extension of the moratorium. Supporting Documents. • Ordinance 03-914 Nancy .Anderson, AICP Planner Financial impact: $ NIA Budgeted: YIN Source: Related Documents (CIP, ERP, etc.): Notes: CR03-180 Page 2 Alternatives. 1. Approve the moratorium extension. By approving the moratorium extension, lots in the primary study area will nat 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 be rezoned and subdivided before the ordinance amendments are made. If the City Council considers this alternative, findings will have to be identified that support this alternative. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. C] • A.:_ .. CITY OF HOPHINS Hennepin County, Minnesota ORDINANCE NO. 03-914 AN ORDINANCE EXTENDING INTERIM ORDINANCE NO. 02-885, 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. Background and Findings. 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 (1) year period ending December 24, 2002. On December l7, 2002, Hopkins City Council approved Ordinance No. 02-885 extending the interim ordinance for an additional six months to June 24, 2003. On June 3, 2003, Hopkins City Council approved Ordinance No. 02-903 extending the interim ordinance for an additional six months to December 24, 2003. 1.02 Section 1 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 focus 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 confrms, adopts and ratifies the findings contained in Section 1 of the Interim Ordinance. 1.03 The Interim Ordinance will terminate on December 24, 2003. 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 determination 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 s-.. 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. 02-885, is hereby extended for a period of six months, ending June 24, 2004. 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 June 24, 2004, 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: Second reading: December 23, 2003 January 6, 2004 Date of Publication: January 15, 2004 r~ L Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date •