CR 06-125 Conditional Use Permit Moratorium-1-2
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October 31, 2006
HOPKINS
Council Report 06-125
CONDITIONAL USE PERMIT MORATORIUM - 1-2
Proposed Action.
Staff recommends the following motion: Move to adopt Resolution 06-74. placing a freeze
on the approval or issuance of conditional use permits within the 1-2 district within the City
of Hopkins until the effective date of Ordinance 06-976.
Move to adopt Ordinance 06-976 placing a moratorium on conditional uses in the 1-2 zoning
district for first reading.
Overview.
.
The Metropolitan Council is requiring cities to update their Comprehensive Plan by 2008.
The City is starting to update the Comprehensive Plan. There are several large parcels of
property in the 1-2 zoning district that have the potential for redevelopment in the next few
years. Also many large parcels of 1-2 abut residential areas, and because of the potential to
impact the residential district, we are including the review of 1-2 conditional use permits in
the Comprehensive Plan update. The conditional uses in the industrial districts have not been
updated recently, and the comprehensive plan process gives the City a more global view of
what the City wants for a conditional use within the 1-2 district.
The moratorium will be in place for one year with the opportunity to extend for an additional
six months. The Planning Commission will start working on reviewing the conditional uses
in the 1-2 zoning district at their November meeting.
SUDDortine: Documents.
. Resolution 06-74
. Ordinance 06-976
. Zoning Map
Nancy . Anderson, AICP
Planner
Financial Impact: $_N/A_Budgeted:
Related Documents (CIP, ERP, etc.):
Notes:
Y/N
Source:
CR06-125
Page 2
Alternatives.
1. Approve the resolution and ordinance. By approving the resolution and ordinance,
conditional uses in the 1-2 district will be studied and no conditional use permits will be
issued.
2. Deny the resolution and ordinance. By denying the resolution and ordinance, conditional
uses will be permitted in the 1-2 zoning district. 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. 06-74
A RESOLUTION MAKING FINDINGS OF FACT AND PLACING A
FREEZE ON THE APPROVAL OR ISSUANCE OF
CONDITIONAL USE PERMITS WITIDN THE
1-2 ZONING DISTRICTS WITHIN THE CITY OF HOPKINS
WHEREAS, on November 7,2006, the City Council of the City of Hopkins approved the
first reading of Ordinance No. 06-976, which is an Interim Ordinance placing a moratorium on the
approval or issuance of Conditional Use Permits within all 1-2 zoning districts as established by the
Hopkins Official Zoning Map.
WHEREAS, the Background and Findings contained in Section 1 of Ordinance No. 06-976
are hereby approved and incorporated in this Resolution in their entirety.
WHEREAS, Ordinance No. 06-976 will not be effective until the City Council has approved
the Ordinance for second reading and until its publication.
WHEREAS, there is a need to immediately suspend and freeze the approval and issuance of
Conditional Use Permits within all 1-2 zoning districts, as established by the Hopkins Official Zoning
Map, until the effective date of Ordinance No. 06-976 for the purpose of protecting the planning
process and the health, safety and welfare of the citizens of the City of Hopkins while the planning
study provided for in Ordinance No. 06-976 is being conducted.
NOW, THEREFORE, the City Council of the City of Hopkins, Minnesota, hereby adopts the
following Resolutions:
RESOLVED, that commencing on the date of adoption of this Resolution and continuing
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until the effective date of Ordinance No. 06-976, no Conditional Use Permit shall be issued nor
application be accepted for any conditional use to be located within any 1-2 zoning district, as
established by the Hopkins Official Zoning Map.
Adopted this 7th day of November, 2006, by the City Council of the City of Hopkins,
Minnesota.
Eugene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 06-976
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE
PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF
CITY RESIDENTS AND PROffiBITING THE ISSUANCE OF CONDITIONAL USE
PERMITS WITHIN 1-2 ZONING DISTRICTS WITHIN THE CITY OF HOPKINS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1.
Baclmround and Findin2s.
1.01 The Metropolitan Council requires the City of Hopkins to update its Comprehensive Plan by
2008.
1.02 The City of Hopkins has contracted with Hoisington Koegler planners to review and update
the Comprehensive Plan.
1.03 The City of Hopkins has not reviewed, reconsidered, or updated the conditional uses allowed
in 1-2 zoning districts for several years.
1.04 Many 1-2 zoning districts abut Residential zoning districts.
1.05 Many of the conditional uses currently allowed in I-2 zoning districts are uses that are likely
to conflict with residential uses in proximity to them.
1.06 Certain of the conditional uses currently allowed in 1-2 zoning districts are uses that are likely
to create traffic congestion, air quality and noise problems or issues. These problems or
issues can negatively affect traffic flows and circulation on public streets and residential uses
in nearby residential zoning districts.
1.07 The City of Hopkins, in reviewing and updating its Comprehensive Plan, will investigate and
consider the nature and type of conditional uses allowed in 1-2 zoning districts and consider
whether some or all of the conditional uses should be modified, eliminated, or require
additional conditions.
Section 2.
Plannin2 Study.
2.01 A study shall be conducted by City staff in conjunction with the updating of the
Comprehensive Plan to determine whether and to what extent the conditional uses permitted
in 1-2 zoning districts should be modified, eliminated or additional conditions imposed on
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issuance of Conditional Use Permits. The scope of the study should include, but should not
be limited to, the following matters:
A. The manner in which such conditional uses should be restricted or regulated in order
to serve or accomplish the policies and goals stated in the City's Comprehensive Plan.
B. The degree to which conditional uses might conflict with residential zoning districts
in proximity to them.
C. The degree to which such conditional uses might create traffic congestion issues, air
quality issues, and noise issues.
D. The degree to which such conditional uses affect or impair the flow of traffic on
pubic streets in the City of Hopkins and whether such conditional uses should be
eliminated, restricted or regulated to address traffic concerns.
E. The manner and degree to which 'such conditional uses should be restricted or
regulated in order to achieve the City's goal of providing environmentally safe and
healthy residential housing for the City's inhabitants.
.
F. The manner and degree to which such conditional uses should be restricted or
regulated in order to address any issues or conflicts raised by this planning study.
2.02 Upon completion of the study, the study shall be submitted by staff 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 on the issuance or approval of Conditional Use Permits for all conditional uses within
the 1-2 zoning districts as established by the Hopkins Official Zoning Map as in effect on the
effective date of this Interim Ordinance is hereby adopted for the purpose of protecting the planning
process pending completion of the planning study authorized by this Ordinance and the adoption of
any modifications to the City's Ordinances, Regulations and Official Controls. No Conditional Use
Permit shall be issued nor application be accepted for any conditional use to be located within any
1-2 Zoning District during the term of this Interim Ordinance. This Interim Ordinance and the
moratorium imposed by this Interim Ordinance 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 study authorized hereby and to adopt any necessary modifications to the
City's Ordinances, Regulations and Official Controls.
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Section 4.
Enforcement.
The City may enforce the provisions 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 Ordinances of the City of Hopkins, in any Court of competent jurisdiction.
Section 5.
Severabilitv.
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.
First Reading:
November 7, 2006
Second Reading:
November 21,2006
Date of Publication:
November 30, 2006
Date Ordinance Takes Effect:
November 30, 2006
Eugene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
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.
City of Hopkins Zoning Map
land use
ZONING
.. B-1 Limited Buisness
.. B-2 Central Business
.. B-3 General Business
.. B-4 Neigborhood Business
I!Y}~TI'J Business Park
.. 1-1 Industrial
.. 1-2 General Industrial
CJ Institutional
.. R-1-A Single and Two Family Highe Density
.. R-1-B Single Family High Density
CJ R-1-C Single Family Medium Density
I" --l R-1-D Single Family Low Density
[-] R-1-E Single Family Low Density
t1~ R-2 Low Density Multiple Family
t.m R-3 Medium Density Multiple Family
c=J R-4 Medium High Density Multiple Family
.. R-4 PUD
.. R-5 High Density Multiple Family
.. R-6 Medium Density Multiple Family
CJ UNK