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CR 2004-154 Ordinance for Purpose of Protecting the Planning Proccess CITY Or- ~ . September 16, 2004 HOPKINS Council Report 04-154 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND REGULATING AUTOMOBILE SALES AND/OR LEASE LOTS. Proposed Action. Staff recommends the following motion: Move to adopt Ordinance 04-933. placing an interim ordinance regulating automobile sales and/or lease lots within the B-3 zoning district for first reading. Overview_ Currently auto sales lots are allowed in the B-3 zoning district with a conditional use permit. There has been some concern in the past and recently regarding the number of auto sale lots and the conditions regulating the lots_ . The attached interim ordinance will not allow expansion of an existing auto sales lot or a new auto sales lot for a period of one year or until a new ordinance is passed. This year will allow staff to review the current regulations, review possible new regulations and propose ordinance amendments. The interim ordinance will expire one year after it is effective_ The ordinance was drafted by the City Attorney's office_ SlIIJPortin2 DoclI ments. . Ordinance 04-933 J] \ . ~ j i. . I Il '- . ~ \. ~ Nancy _ Anderson, AIep Planner Financial Impact: $_N/A_Budgeted: Y/N Source: - . Related Documents (eIP, ERP, etc.): Notes: CR04-154 Page 2 . Alternatives_ 1- Approve the moratorium regulating auto sales and/or lease lots within the B-3 zoning district. By approving the moratorium, new or the expansion of auto sales and/or lease lots will not be able to be approved will not be allowed for a period of one year or until an ordinance amendment. 2. Deny the moratorium regulating auto sales and/or lease lots within the B-3 zoning district. By denying the moratorium, new or the expansion of auto sales and/or lease lots will be able to be approved. 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. 2004-933 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH. SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING MOTOR VEHICLE SALES AND/OR LEASE LOTS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Backe-round and Findines: 1.01 Previously, the City Council has adopted ordinances regulating the selling and leasing of motor vehicle within the business districts of the City. The most recent amendment to the Hopkins Zoning Code modifying sllch ordinances was adopted in 1996 (Ordinance No. 96-787). Since 1996, a number of motor vehicle sales and/or leasing businesses have opened and are operating in Hopkins. The City Council desires infOlmation regarding the . effect that the operation of such motor vehicle sales and/or leasing lots have had and are having on the areas in which they are located, including but not limited to the effects on 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 new motor vehicle sales and/or leasing lots while the information is gathered regarding existing lots so as 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 establishment of new 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 detCl111ine wllcther it is necessary to amend the City's existing Ordinances, Regulations and Official Contr01s 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 the City of Hopkins. . 1.05 Minnesota Statues, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this -- . I11terim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of it citizens while the study provided for in this Ordinance is being conducted. Section 2. Plalluin2 Study. 2.01 The City staff shall conduct the research and planning study. This study shall determine if there should be amendments to the zoning ordinance regarding the size, density, construction standards, location and other factors relevant to the existence of motor 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 Council for its review and consideration of any modifications to the existing Ordinances, Regulations and Official Controls of the City. Section 3. Momtorium A moratorium is hereby adopted on the establislmlent of new motor vehicle sales and/or lease lots 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 such 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 of competent jurisdiction. Section 5. Severabilitv. Every section, provision or part of this Interim Ordinance is declared severable fi'om every other section, provision or part, and if any portion of this Interim Ordinance is held inval id unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section, 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 o[PubIication: October 14, 2004 Date Ordinance Takes Effect: October 14,2004 Eugene J. Maxwell, Mayor ATTEST: - Terry Obennaier, City Clerk APPROVED AS TO FORM AND LEGALITY: . City Attorney Signature Date . --