Memo- 2nd Reading for Ordinance 06-973
MEMO
From:
City Council
Nancy Anderson
To:
Date:
September 7, 2006
Second Reading for Ordinance 06-973
Subject:
Attached is Ordinance 06-973 for second reading. This ordinance will place a
moratorium prohibiting rezonings, land use amendments and subdivisions on properties
abutting Shady Oak Road from Excelsior Boulevard to Mainstreet.
The City Council's action is to approve the ordinance for second readinQ and order the
ordinance published.
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
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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.
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First Reading:
Second Reading:
Date of Publication:
Effective Date:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
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September 5,2006
September 19, 2006
September 28, 2006
September 28, 2006
Eugene J. Maxwell, Mayor