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CR 2004-155 Ordinanace for the Purpose of protecting the planning Process C\TY Or ~ . September 15, 2004 kOPK1NS Council Report 04-155 INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND REGULA TING SCULPTURES IN THE CITY OF HOPKINS. Proposed Action_ Staff recommends the following motion: Move to adopt Ordinance 04-934. placing an interim ordinance regulating sculptures and "decorative landscaping" in the B-2 zoning district for first reading Overview_ City st,...ff was directed to prepare an interim ordinance placing a moratorium on new sculptures and "decorative landscaping" in the B-2 zoning district. The attached interim . ordinance will not allow new sculptures or "decorative landscaping" in the B-2 zoning district 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. Supporting Documents. . Ordinance 04-934 ^( , I . \' \ ,. II ,', "'" 1 let J HII U ~ I J <oJ \ j \ Nancy SJ Anderson, Aler Planner Financial Impact: $_N/A_Budgeted: Y/N - Source: Related Documents (CIP, ERP, etc.): . Notes: CR04-155 Page 2 . Alternatives. 1. Approve the moratorium regulating sculptures and "decorative landscaping" in the B-2 zoning district By approving the moratorium, no new sculptures or "decorative landscaping" will be allowed in the B-2 zoning district for a period of one year or until an ordinance amendment 2. Deny the moratorium regulating sculptures and "decorative landscaping" in the B-2 zoning district_ By denying the moratorium, sculptures and "decorative landscaping" will be allowed in the B-2 zoning district 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_ e . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2004-934 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING SCULPTURES IN THE CITY OF HOPKINS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Background and Findines: 1.01 At the September 7, 2004, City Council meeting, the City Council approved the first reading of an amendment to Section 570 of the Hopkins City Code to permit the installation of sculptures in the B-2 zoning district. 1.02 The City Council determined that neither Section 570 nor Hopkins City Code Section . 535.05 (d), which allows "decorative landscaping" as a pennitted accessory use in business districts, provide any standard for sculptures or "decorative landscaping," such as size, location, materials used and number allowed on a single property. 1.03 The City Council directed Hopkins administrative staff to prepare an interim ordinance placing a moratorium on the installation, erection or expansion of any sculpture pursuant to Section 570 or any "decorative landscaping" pursuant to Section 535.05 (d) in B-2 zoning districts within the City of Hopkins. 1.04 There is a need for a study to be conducted so the City Council can detel111ine whether it is necessary to amend the City's existing Ordinances, Regulations and Official Controls or adopt new ordinances relating to the installation, erection or expansion of sculptures in business districts within the City of Hopkins. 1.05 MilU1esota 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 planning 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 . if there should be amendments to the zoning ordinance regarding the installation, erection or expansion of sculptures pursuant either to Section 570 or Section 535.05 (d) in business distIicts in the City of Hopkins. 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. Moratorium A moratorium is hereby adopted on the installation, erection or expansion of any sculpture pursuant either to Section 570 or Section 535.05 (d) in business 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. Severability. Every section, provision or pmi of this Interim Ordinance is declared severable from every other section, provision or pmi, and if any portion of this Interim Ordinance is held invalid unenforceable by a Court of competent jurisdiction, it shall not invalidate any other seclion, 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 Publication: October 14, 2004 . . Date Ordinance Takes Effect: October 14, 2004 Eugene J. Maxwell, Mayor ATTEST: Teny Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date . .