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IV.7. Second Reading of Ordinance 2022-1180 Adopting Updated Land Development CodeMEMO To: Honorable Mayor and City Council From: Kersten Elverum, Director of Planning & Development Date: July 19, 2022 Subject: Second reading of Ordinance 2022-1180 adopting the new Development Code of the City of Hopkins Proposed Action – Staff recommends the City Council approve the following motions: • Move to approve the Second Reading of Ordinance 2022-1180 adopting the new Development Code of the City of Hopkins. Overview The 2040 Comprehensive Plan Update – Cultivate Hopkins served as the guiding document to update the City’s Planning and Zoning regulations. The vision of this plan is to cultivate the best elements of the Built, Natural, Social, and Economic Environments into a complete and sustainable community that is rooted in tradition, characterized by vibrant and unique places, physically and socially connected, and resilient to changing conditions. Based around principles of sustainability, resilience, equity, and complete and connected communities, it provides a framework for preparing for the future. The plan emphasizes retaining what is valued, while proactively addressing and welcoming change. Kirk Bishop, James Duncan and Associates and Leslie Oberholtzer, Codametrics, were hired as the consultant team to lead the zoning regulations update. The staff lead was City Planner Jason Lindahl. In May 2020, the Project Directions Memo Wednesday-December-9-2020---Zoning-Update- Directions-Report-PDF (hopkinsmn.com) provided the framework for the project. It described the general objectives, summarized the consultant team’s initial recommendations regarding the scope and direction to be pursued, serving as a road map for the creation of the updated zoning regulations. It was based on a comprehensive review of policy documents, initial discussion with the community and field work including a tour of Hopkins and its many neighborhoods. Rooted in the Comprehensive Plan – Cultivate Hopkins – and informed by this initial review, the following themes were identified: • Promote sustainability and resiliency • Accommodate higher density in appropriate locations • Create new mixed-use zoning • Increase housing options and choice • Reclaim potential of R-1-A districts • Protect and grow Mainstreet • Address character and context • Promote increased bikeability/walkability • Promote environmental health goals • Support employment growth and entrepreneurship In addition to bringing zoning regulations into alignment with Cultivate Hopkins, the zoning regulations update also provided the opportunity to modernize the code and to address specific regulatory issues. These technical issues included: • Transition to form-based regulations • Improve organization and format • Collect and consolidate • Increase reliance on objective standards • Clarify nonconformity regulations • Update definitions • Right-size parking requirements • Focus on urban landscape practices • Rethink planned unit developments The City Council adopted a motion to approve the first reading of this item on June 20, 2022. Prior to action by the City Council, the Planning & Zoning Commission held a public hearing on May 31, 2022 and recommended the City Council approve this item. The version of the ordinance before the City Council for the second reading is the same as approved during the first reading. Attachments • Resolution 2022-046 • Ordinance 2022-1180 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2022-046 A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2022-1180 AMENDING THE PLANNING AND ZONING SECTIONS OF CITY CODE BY REPEALING AND REPLACING IN ITS ENTIRETY PART III – LAND DEVELOPMENT, CHAPTER 100 – SUBDIVISIONS AND CHAPTER 102 – PLANNING AND ZONING WHEREAS, the City of Hopkins initiated an application to amend Part III of the City Code related to land development regulations by repealing and replacing in its entirety; and WHEREAS, State Statute requires the City’s zoning and subdivision regulations be consistent with the Comprehensive Plan; and WHEREAS, the goal of the land development regulations update is to create a new, modernized and user-friendly zoning code that will implement the vision, goals and policies of the 2040 Comprehensive Plan – Cultivate Hopkins; and WHEREAS, the vision statement of Cultivate Hopkins is “Hopkins will cultivate the best elements of the Built, Natural, Social and Economic Environments into a complete and sustainable community that is rooted in tradition, characterized by vibrant and unique place, physically and socially connected and resilient to changing conditions”; and WHEREAS, the zoning regulations are intended to establish the development standards to implement the community vision; and WHEREAS, the draft zoning regulations were informed by community input and expertise of City staff and consultants; and WHEREAS, the regulations further goals around equity, sustainability and increasing opportunities; and WHEREAS, the procedural history of the application is as follows: 1. That the amendment to Part III the City Code related land development regulations was initiated by the City of Hopkins; and, 2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such proposal on May 31, 2022: all persons present were given an opportunity to be heard; and, 3. That the Hopkins Planning & Zoning Commission reviewed such proposal during their May 31, 2022 meeting, considered the comments and analysis of City staff, and recommended approval by the City Council; and 4. That the Hopkins City Council reviewed this item during their June 20, 2022 meeting and adopted a motion approving the first reading of this ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the second reading of Ordinance 2022-1180 amending the Planning and Zoning sections City Code by repealing and replacing in its entirety Adopted this 19th day of July 2022. _______________________ Patrick Hanlon, Mayor ATTEST: ______________________ Amy Domeier, City Clerk 1 HP145-9-804239.v1 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2022-1180 AN ORDINANCE ADOPTING THE NEW DEVELOPMENT CODE OF THE CITY OF HOPKINS THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: ARTICLE I. Authority. Minnesota Statutes, sections 415.02, 415.021, and 599.13 (collectively the “Act”) and the Hopkins City Charter, section 3.03 authorize the City of Hopkins (the “City”) to adopt and codify ordinances. The Act also provides that any ordinance included in a new city code, but not previously published, is sufficiently published if a substantial quantity of the code is printed for general distribution to the public. ARTICLE II. Background. At the direction of the Hopkins City Council, City staff and consultants undertook an extensive process to review and update Part III of the Hopkins City Code, which generally regulates planning, subdivision, land use, and development in the City, with the understanding that once all amendments were finalized, they would be adopted and incorporated into the City’s code book. The general purpose of the update is to implement the City’s 2040 Comprehensive Plan, remove outdated and unnecessary text, reformat the chapter, and modernize the chapter to a more user-friendly document that conforms to current City policy, practices and state law, as necessary. The updated chapter has been prepared and it is the intent of this Ordinance to adopt said chapter, which is entitled The Development Code of the City of Hopkins (the “Development Code”). On May 31, 2022, a duly noticed public hearing was held by the Planning & Zoning Commission of the City of Hopkins (the “Planning Commission”) and, following said hearing, the Planning Commission recommended approval of the Development Code. A complete copy of the Development Code, which is attached hereto as Exhibit A, was presented to the City Council and the public together with this Ordinance and is further on file with the City Clerk and available on the City’s website. ARTICLE III. Adoption. Pursuant to the City’s authority contained in Minnesota State Law, including but not necessarily limited to, the Act, and in the Hopkins City Charter, the Development Code, as attached hereto as Exhibit A, is hereby adopted. ARTICLE IV. Copies. The City Clerk is authorized and directed to prepare sufficient copies of the Development Code for use by the City Council and City staff and for general distribution to the public in accordance with City policies regarding the distribution and availability of City documents. The City Clerk shall also keep an official copy of the Development Code in the office of the City Clerk and ensure that a copy is available through the City’s website. ARTICLE V. Effect. The Development Code shall be controlling and shall supersede and replace previously adopted provisions contained in Hopkins City Code, Part III, which are hereby repealed as of the effective date of this Ordinance. Such repeal shall not affect: (i) any offense committed or penalty incurred under the previous code language; (ii) any rights vested prior to the effective date of 2 HP145-9-804239.v1 this Ordinance; or (iii) the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use; or vacating or setting the boundaries of streets or other public places. Furthermore, nothing in this Ordinance or the Development Code is to be construed to modify, abrogate or abridge: (i) the rights, duties, liabilities, privileges or immunities of the City; (ii) the qualifications or terms of office of City officers as they existed prior to adoption; or (iii) any special ordinance or franchise not embodied in the City Code. The Development Code is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the courts of the State of Minnesota. ARTICLE VI. General Penalty. Unless another penalty is expressly provided in the Development Code, every person convicted of a violation of any provision of the Development Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine up to the maximum permitted or required by law. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided herein, unless another penalty is expressly provided elsewhere, shall apply to the amendment of any Development Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City Council may pursue other remedies, including without limitation, abatement of nuisances, injunctive relief and revocation of licenses or permits. ARTICLE VII. Amendments. Duly adopted additions or amendments to the Development Code when passed in such form as to indicate the intention of the City Council to make the same part of the Development Code shall be deemed to be incorporated in the Development Code so that reference to the Development Code includes such additions and amendments. ARTICLE VIII. Corrections. Given the size of this project and numerous amendments made as part of the updated Development Code, the City Council recognizes the Code may contain certain errors, such as cross-references to changed subsections, typographical errors, and other non- substantive matters that may be discovered once the Development Code is placed in use. The City Council hereby authorizes the City Clerk to work with the City Attorney, as necessary, to make any non-substantive corrections to the Development Code as may be needed upon discovery. Such corrected provisions shall be incorporated in and made part of the Development Code without further action by the City Council. ARTICLE IX. Summary Publication. In accordance with Hopkins City Charter, section 3.03 and Minnesota Statutes, section 412.191, the City Council determines that publication of the title and a summary of this Ordinance would clearly inform the public of its intent and effect, and so City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: ORDINANCE NO. 2022-____ AN ORDINANCE ADOPTING THE NEW 3 HP145-9-804239.v1 DEVELOPMENT CODE OF THE CITY OF HOPKINS On ______________, 2022, the Hopkins City Council adopted Ordinance 2022-_____ which adopted a full rewrite of Part III of the Hopkins City Code regulating all planning, land use, subdivisions, and development within the City. City staff and consultants undertook an extensive process to review and update said regulations in order to (i) implement the City’s 2040 Comprehensive Plan, (ii) remove outdated and unnecessary text, (iii) reformat the chapter, and (iv) modernize the chapter to a more user-friendly document that conforms to current City policy, practices and state law, as necessary. Numerous substantive changes to the City’s prior land use regulations are contained within the updated text. Prior to adoption, a duly noticed public hearing was held by the Planning & Zoning Commission of the City of Hopkins, and a complete copy of the new chapter, entitled the “Development Code of the City of Hopkins,” was presented to the City Council and the public and was further on file with the City Clerk and made available for viewing on the City’s website. Printed copies of the new Development Code of the City of Hopkins, as adopted by Ordinance 2022-1180, are available for inspection and general distribution to the public during regular business hours at Hopkins City Hall. It can also be viewed online through the City’s website, www.hopkinsmn.com. ARTICLE X. Effective Date. This Ordinance and the Development Code, as presented to the City Council and the public and made available for inspection in accordance with law, shall be effective upon publication of the above summary (the “Effective Date”). Ordinances adopted after the Effective Date that amend or refer to the Development Code shall be construed as if they amend or refer to like provisions of said Development Code. First Reading: June 20, 2022 Second Reading: July 19, 2022 Date of Publication: July 28, 2022 Date Ordinance Takes Effect: July 28, 2022 BY THE CITY COUNCIL Patrick Hanlon, Mayor ATTEST: ____________________________ Amy Domeier, City Clerk A-1 HP145-9-804239.v1 EXHIBIT A [to be attached] Available on the City Website: https://www.hopkinsmn.com/DocumentCenter/View/3836/Public-Review-Draft---Zoning- Regulations-PDF