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IV.5. Second Reading Ordinance 2021-1174; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: November 16, 2021 Subject: Second reading of Ordinance 2021-1174 amending the City Code regarding conditional uses in the R Districts and authorizing its publication Proposed Action – Staff recommends the City Council approve the following motions: • Move to approve the Second Reading of Ordinance 2021-1174 Amending the Hopkins City Code Part III, Chapter 102 Regarding Conditional Uses in the R Districts. • Move to adopt Resolution 2021-072 Authorizing Publication of Ordinance 2021-1174 Regarding Conditional Uses in the R Districts. Overview The applicant, Sue Gonyea, requests a zoning code text amendment to expand the conditional uses allowed in R-4, Medium Density Multiple Family and R-5, High Density Multiple Family residential zones. In this case, the applicant requests the city amend the zoning regulations to allow community assembly or arts education as conditional uses in R-4 and R-5 districts. The City Council adopted a motion to approve the first reading of this item on November 3, 2021. Prior to action by the City Council, the Planning & Zoning Commission held a public hearing on October 26, 2021 and recommended the City Council approve this item. The version of the ordinance before the City Council for the second reading is essentially the same as approved during the first reading except that the final version now further limits community assembly and arts education to conditional uses on properties that are both zoned R-4 or R-5 and also located with the Downtown Overlay district. Attachments • Resolution 2021-072 • Ordinance 2021-1174 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2021-072 A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2021-1174 AMENDING THE CITY CODE REGARDING CONDITIONAL USES IN THE R DISTRICTS AND AUTHORIZING ITS PUBLICATION WHEREAS, the applicant, Sue Gonyea, initiated an application to amend the City Code related to conditional uses in the Residential Districts; and WHEREAS, the procedural history of the application is as follows: 1. That an application to amend the City Code related to conditional uses in the Residential Districts was initiated by Sue Gonyea on September 24, 2021; and 2. That the Hopkins Planning & Zoning Commission, pursuant to published notice, held a public hearing to review such application on October 26, 2021 and all persons present were given an opportunity to be heard; and 3. That the Hopkins Planning & Zoning Commission reviewed this application during their October 26, 2021 meeting and recommended approval by the City Council; and 4. That the Hopkins City Council reviewed this application during their November 3, 2021 meeting and agreed with the findings of the Planning & Zoning Commission; and 5. That the Hopkins City Council reviewed this item during their November 3, 2021 meeting and adopted a motion approving the first reading of this ordinance. WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council finds that the following summary would clearly inform the public of the intent and effect of the Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves Resolution 2021-072 approving the second reading of Ordinance 2021-1174 amending the City Code regarding conditional uses in Residential districts. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause the following summary of Ordinance 2021-1174 to be published in the official newspaper in lieu of the entire ordinance: Public Notice In summary, Ordinance 2021-1174 amends the City Code related to conditional uses in the Residential districts as follows: • Amend the Residential zones to allow community assembly and arts education as conditional uses in R-4, Medium Density Multiple Family and R-5, High Density Multiple Family districts provided those properties are also located with the Downtown Overlay district. Adopted this 16th day of November 2021. _______________________ Jason Gadd, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2021-1174 ORDINANCE AMENDING PART III, CHAPTER 102 OF THE HOPKINS CITY CODE REGARDING CONDITIONAL USES IN THE R DISTRICTS THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: SECTION 1. Hopkins City Code, Part II, Chapter 102, Article V, Section 102-163 is hereby amended by adding the double-underlined language and deleting the stricken language as follows: Sec. 102-163. - Conditional uses within R Districts. (12) R-4 or R-5 District also within the Downtown Overlay District, public or quasi-public buildings or community assembly uses such as libraries, YMCA, museums, arts education facility or the like. institutes and within R-1, R-2 or R-3 of located in a public park. SECTION 2. The effective date of this ordinance shall be the date of publication. First Reading: November 3, 2021 Second Reading: November 16, 2021 Date of Publication: November 25, 2021 Date Ordinance Takes Effect: November 25, 2021 By: ____________________________ Jason Gadd, Mayor ATTEST: ______________________________ Amy Domeier, City Clerk