Loading...
Memo - 2nd Reading for Ordinance 2004-933 . MEMO To: City Council From: Nancy Anderson Date: September 30,2004 Su bject: Second Reading for Ordinance 04-933 Attached is Ordinance 04-933 for second reading. This ordinance will not allow auto sales or the expansion of existing auto sales lots in the B-3 district for a period of one year or until the ordinance is amended. The City Council's action is to approve the ordinance for second readinq and order the ordinance published. . . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2004-933 AN INTEIUM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND 'VEL FARE OF CITY RESJDENTS; AND REGULATING MOTOR VEHICLE SALES AND/OR LEASE LOTS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Background and Findings: 1.01 Previously, the City Council has adopted ordinances regulating the selling and leasing 0 [ motor vehicle within the business districts of the City. The most recent amendment to the Hopkins Zoning Code modifying such ordinances was adopted in 1996 (Ordinance No_ 96-787). Since 1996, a number of motor vehicle sales and/or leasing b Llsi ncsses have . opened and are operating in Hopkins. The City Council desires infol111ation r~garding the effect that the operation of such motor vehicle sales and/or leasing lots have had and arc having on the areas in which they are located, including but not limited to the effects 011 n automobile traffic near the lots, the effects on provision of city services to the properties and other effects arising from the operation of the businesses. 1.02 The City Council finds that it is necessary and appropriate to prohibit the expansion of existing motor vehicle sales and/or leasing lots and the establishment of motor vehic lc sales and/or leasing lots while the infomlation is gathered regarding existing lots so 3S to obtain an accurate depiction of the effects such existing lots are having in Hopkins. 1.03 The Hopkins administrative staff was directed to prepare an interim ordinance placing a moratorium on the establislmlent of motor vehicle sales and/or lease lot locations and the expansion of existing motor vehicle sales and/or lease lot locations in B-3 zoning districts within the City of Hopkins. 1.04 There is a need for a study to be conducted so the City Council can octermine whether it is necessary to amend the City's existing Ordinances, Regulations and Official Controls or adopt new ordinances relating to the size, density, construction standards and location of motor vehicle sales and/or lease lots in the B-3 zoning districts within tIle City of Hopkins. 1.05 Milmesota Statues, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this . Interim Ordinance to protect the planning process. The City Council finds that adoption . of this Interim Ordinance will protect the plmming process and the health, safety and welfare of it citizens while the study provided for in this Ordinance is being conducted. Section 2. Planning Study. 2.01 The City staff shall conduct the research and planning study. This study shall determine jf there should be amendments to the zoning ordinance regarding the size, density, construction standards, location and other factors relevant to the existence of 1110tor vehicle sales and/or lease lots within the City. 2.02 Upon completion of the study, the study shall be submitted by staff to the City COllncil for its review and consideration of any modifications to the existing Ordinances, Regulations and Official Controls of the City. Section 3. Moratorium A moratorium is hereby adopted on the establishment of motor vehicle sales and/or lease Jots and the expansion of existing motor vehicle sales and/or lease lots within the B-3 zoning districts in the City of Hopkins for the purpose at protecting the planning process pending completion. The Interim Ordinance and the moratorium imposed by this Interim Ordinance shall remain in effect until the date that is one year after the effective date of this Interim Ordinance, or slIch earlier . date as may hereafter be established by an Ordinance duly adopted by the City Council. Section 4. Enforcement. The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy, including, but not limited to, remedies and enforcement procedures provided in the statutes of the State of Minnesota or Ordinances of the City of Hopkins, in any Court uf competent jurisdiction. Section 5. Severability. Every section, provision or pmi of this Interim Ordinance is declared severable from every other section, provision or part, and if any portion of this Interim Ordinance is held invalid unenforceable by a Court of competent jurisdiction, it shall not invalidate any other sectiun, provision or part if this Interim Ordinance. Section 6. Effective Date. This Interim Ordinance shall be effective upon its publication. . . First Reading: September 21,2004 Second Reading: October 5, 2004 Date of Pub lication: October 14, 2004 Date Ordinance Takes Effect: October 14,2004 ~ Eugene J. Maxwell, Mayor ATTEST: Terry Obenl1aier, City Clerk APPROVED AS TO FORM AND LEGALITY: . City Attorney Signature Date .