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Memo Second Reading For Subdivision Moratorium <I ' f . I............................., "..~ ...,.................. ..,' 'm.,"."'" 11::llrAf'i'~~l!I'I;t::~~:I~II1I~.j:i1:. ..... .n" "~.~'~"'IIII~~"_'_'" ~J~~~~j~j~~~~~~~~~~lli~~~~~f~~j~1~~~~]t~~~~~~~~~~~l~~~~~j~~~;i~~~~r~~~~ To: City Council From: Nancy Anderson Date: Friday, May 13, 1994 Subject: Second Reading for Subdivision Moratorium Attached is Ordinance 94-739 that will place a moratorium on subdivisions within the City, If the City Council feels that the application for a preliminary/final plat at 7 Webster Place should be exempt from the moratorium, Resolution 94-48A should be approved and Ordinance 94-739 adopted for second reading and ordered published. . If the City Council feels that the application for a preliminary/final plat at 7 Webster Place should not be exempt from the moratorium, Resolution 94-48B should be approved and Ordinance 94-739 adopted for second reading and ordered published. ATTACHED: o Staff report from May 3 City Council meeting o Memo from Jerre Miller which discusses the moratorium as related to exempting parcels from the moratorium o Letter from Bellgrove residents attorney . . . . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO 94-48A A RESOLUTION ESTABLISHING A MORA TORillM ON SUBDIVISIONS WHEREAS, the City of Hopkins, has adopted Ordinance No. 500 approving a subdivision ordinance, and WHEREAS, the City Council has concerns regarding the ability for the City's existing code to adequately regulate subdivisions within the City of Hopkins and protect the public health, safety and welfare; WHEREAS, it has been determined necessary, to protect the public health, safety and welfare, to establish a moratorium to allow the City of Hopkins to study issues pertaining to subdivisions and consider possible amendments to the subdivision ordinance in order to better regulate said subdivisions. . NOW THEREFORE, BE IT RESOLVED, that a moratorium on the Subdivision Ordinance Section 500, within the City of Hopkins is approved. Said moratorium shall extend until June 7, 1995 or upon the enactment of a zoning amendment concerning this matter, whichever comes first. BE IT FURTHER RESOLVED, that the City Council adopt interim Ordinance 94-739 conforming in all respect to the moratorium adopted by this resolution and that the application for a preliminary/final plat by Gregory and Susan Hayes at Lot 6, Block 7 except the Southeasterly 176,10 feet of said Lot 6, and Lot 7, Block 7, "Bellgrove," according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County except that part of the Southerly 150.00 feet of said Lot 7 which lies Westerly of a line bearing North 20 degrees 16 minutes 49 seconds West from a point on the South line of said Lot 7, distant 106.49 feet Westerly from the Southeast comer of said Lot 7, assuming said South line has a bearing of South 89 degrees 56 minutes 00 seconds West shall, be exempt from Ordinance 94-739. Passed and adopted by the Council of the City of Hopkins, Minnesota at a regular meeting held the 17th day of May, 1994. JAMES A. GENELLIE CHARLESD.REDEPE~G City Clerk Mayor . JERRE MILLER City Attorney -- - . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO 94-48B A RESOLUTION ESTABLISHING A MORATORIUM ON SUBDIVISIONS WHEREAS, the City of Hopkins, has adopted Ordinance No. 500 approving a subdivision ordinance, and WHEREAS, the City Council has concerns regarding the ability for the City's existing code to adequately regulate subdivisions within the City of Hopkins and protect the public health, safety and welfare~ WHEREAS, it has been determined necessary, to protect the public health, safety and welfare, to establish a moratorium to allow the City of Hopkins to study issues pertaining to subdivisions and consider possible amendments to the subdivision ordinance in order to better regulate said subdivisions. . NOW THEREFORE, BE IT RESOLVED, that a moratorium on the Subdivision Ordinance Section 500, within the City of Hopkins is approved. Said moratorium shall extend until June 7, 1995 or upon the enactment of a zoning amendment concerning this matter, whichever comes first. BE IT FURTHER RESOLVED, that the City Council adopt interim Ordinance 94-739 conforming in all respect to the moratorium adopted by this resolution. Passed and adopted by the Council of the City of Hopkins, Minnesota at a regular meeting held the 17th day of May, 1994. JANlES A. GENELLIE CHARLESD.REDEPE~G City Clerk Mayor JERRE MILLER City Attorney . ------ ~--_.- ------ .-- --- -- -- -- ----- . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 94-739 AN ORDINANCE ESTABLISHING A MORATORIUM ON SUBDIVISIONS WITHIN THE CITY OF HOPKINS WHEREAS, it has been determined that it is necessary for the health, safety, and welfare of the residents of the City of Hopkins to study and consider amendments to the Subdivision Ordinance within the City WHEREAS, Minnesota State Statues 462.355 subd, 4 allows a city to adopt an interim ordinance when undertaking a study to revise the subdivision ordinance by amendment. NOW THEREFORE, BE IT ORDAINED by the City of Hopkins, Minnesota, Effective upon adoption of this ordinance, a moratorium shall be imposed upon the approval of all subdivisions within the City. . This moratorium shall be for the purpose of allowing the City of Hopkins to study and consider amendments to the Subdivision Ordinance and shall expire June 7, 1995 or upon the enactment of amendments concerning this matter, whichever comes first. Variances from this Ordinance may be granted by the city council based upon a determination that a proposed subdivision would be in keeping with the spirit and intent of this Ordinance. The procedures to be followed in applying for a variance from this moratorium shall be accordance with section 525.07 of the Hopkins Zoning Ordinance and shall include the following: I) The applicant shall file a completed application form, together with required exhibits to the planning department. 2) The application for a variance shall set forth the special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision is compatible with the proposed subdivision ordinance. 3) The variance application shall be submitted to the city council for their review and comment. The city council may refer the application to the zoning and planning commission for review and recommendation. 4) The city council may, in its discretion, set a public hearing prior to making a final . determination on the requested variance. --- ----- ---- -~ . 5) The city council may impose such restrictions upon the proposed subdivision as may be necessary to comply with the purpose and intent of this moratorium. First Reading: May 3, 1994 Second Reading: May 17, 1994 Date of Publication: May 25, 1994 Date Ordinance Takes Effect June 14, 1994 Charles D. Redepenning, Mayor ATTEST: . James A. Genellie, City Clerk .