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CR 06-096 Shady Oak Road Moratorium C\TY OF August 30, 2006 m HOPKINS Council Report 06-96 SHADY OAK ROAD MORATORIUM ProDosed Action. Staff recommends the following motion: Move to adopt Resolution 06-54. approving Ordinance 06-973 placing a moratorium on rezonings and subdivisions on Shady Oak Road from Excelsior Boulevard to Mainstreet for first reading. At the Zoning and Planning meeting, Mr. Aarness moved and Mr. Hatlestad seconded a motion to adopt Resolution RZ06-18, recommending approval of Ordinance 06-973 placing a moratorium on rezonings and subdivision on Shady Oak Road from Excelsior Boulevard to Mainstreet. The motion was approved unanimously. Overview. In 2009 Hennepin County will start the reconstruction of Shady Oak Road from Excelsior Boulevard to State Highway 7. Hennepin County will be acquiring many parcels on both sides to improve the road. In conjunction with the road improvement Hennepin County is in the process of conducting a land use and market analysis for areas abutting Shady Oak Road that will be available for redevelopment after the road improvement. There was a concern that before the road is reconstructed development could occur in the area that was counter to the final recommendations of the study. As a result of this concern, a moratorium is being recommended to be placed on rezonings and subdivisions for the area from Excelsior Boulevard to Mainstreet in Hopkins. Minnetonka will also be placing a moratorium on the property within their City. Attached is the interim ordinance. The moratorium is for one year and can be extended an additional six months. Primarv Issues to Consider . What was the discussion at the Zoning and Planning meeting? SUDDortin2 Documents. . Resolution 06-54 . Ordinance 06-973 . Study Area Boundaries ~~ Nancy S. Anderson, AICP Planner Financial Impact: $_N/A_Budgeted: Related Documents (CIP, ERP, etc.): Notes: Y/N Source: CR06-96 Page 2 What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed moratorium. Jim Mason of 120 Shady Oak Road and Ed Hanlon appeared before the Commission. Mr. Mason wanted more information. Mr. Hanlon asked about licensing. Alternatives. 1. Approve the moratorium. By approving the moratorium, lots in the primary study area will not be able to be rezoned or subdivided. 2. Deny the moratorium. By denying the moratorium, the lots in the primary study area will be able to rezoned and subdivided during the study. 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 RESOLUTION NO. 06-54 A RESOLUTION ESTABLISHING A MORATORIUM ON REZONINGS AND SUBDIVISIONS ON SHADY OAK ROAD WHEREAS, the City of Hopkins has adopted Ordinance No. 515-570, approving a zoning ordinance. WHEREAS, it has been determined that it is necessary for the health, safety, and welfare of the residents of the City of Hopkins to conduct a Redevelopment Plan for the Shady Oak Road; and WHEREAS, the City Council had concerns regarding the ability of the City's existing code to adequately regulate the land use and subdivisions within the primary and secondary study area abutting Shady Oak Road and Mainstreet for the Shady Oak Road Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED that a moratorium prohibiting rezonings and subdivisions in the primary and secondary study area abutting Shady Oak Road and Mainstreet between Excelsior Boulevard and Mainstreet be approved. Said moratorium shall extend until September 28, 2007, or upon the acquisition of the property by Hennepin County whichever comes first. BE IT FURTHER RESOLVED, the City Council adopts an interim Ordinance 06-973, conforming in all respects 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 5th day of September 2006. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2006-973 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS, AND PROHIBITING REZONING, LAND USE AMENDMENTS OR SUBDIVISIONS WITHIN THE AREA DESIGNATED IN THIS ORDINANCE THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Background and Findings: 1.01 Hennepin County has contracted with Hoisington Koegler Group, Inc., for a redevelopment plan known as the Shady Oak Road Redevelopment Plan. 1.02 In 2009, Hennepin County will undertake the expansion and improvement of Shady Oak Road between Excelsior Boulevard and State Highway 7. 1.03 The Redevelopment Plan will identify concepts for portions of the project where redevelopment opportunities will result from the reconstruction of Shady Oak Road. 1.04 There is a need for the Redevelopment Plan to be conducted so both the cities of Hopkins and Minnetonka can determine whether it is necessary to amend the cities' existing ordinances, regulations and official controls or adopt new ordinances relating to zoning, land use amendments and subdivisions within the study area. 1.05 Minnesota Statutes, 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 its citizens while the Redevelopment Plan is being conducted. Section 2. Redevelopment Plan. 1.01 Hoisington Koegler Group Inc. shall conduct the Redevelopment Plan assisted by the City staff. The Redevelopment Plan shall recommend whether there should be amendments to the 1 City's Comprehensive Plan and/or zoning ordinance regarding land use and development, conditional use permits and the regulation of land use and development within the area covered by the Redevelopment Plan. 1.02 Upon completion of the Redevelopment Plan, it shall be submitted 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 and enacted prohibiting all rezoning, land use amendments, subdivisions or plats of or affecting any land located within the primary study area of the Planning Study. The primary and secondary study areas along Shady Oak Road and Mainstreet of the Redevelopment Plan, which is the area subject to this moratorium, is that area depicted in the map attached to this Ordinance as Exhibit A and incorporated herein by reference. This Interim Ordinance is adopted for the purpose of protecting the planning process pending completion of the Redevelopment Plan and the review of the completed Redevelopment Plan by the City Council. This Interim Ordinance and the moratorium imposed hereby 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. The term of this Interim Ordinance and the moratorium imposed hereby may be extended for a reasonable period of time by ordinance as may be necessary to complete the Planning Study authorized hereby and to adopt any necessary modifications to the city's ordinances, regulations and official controls. 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 Ordinance of the City of Hopkins, in any Court of competent jurisdiction. Section 5. Severability. Every section, provision or part of this Interim Ordinance is declared severable from every other section, provision or part, and if any portion of this Interim Ordinance is held invalid or unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part of this Interim Ordinance. 2 First Reading: Second Reading: Date of Publication: Effective Date: ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date 3 September 5, 2006 September 19, 2006 September 28, 2006 September 28, 2006 Eugene J. Maxwell, Mayor EXHIBIT A Shady Oak Redevelopment Plan estudy Area Boundaries