Memo- 2nd Reading for Ordinance 06-976
MEMO
From:
City Council
Nancy Anderson
To:
Date:
November 13, 2006
Second Reading for Ordinance 06-976
Subject:
Attached is Ordinance 06-976 for second reading. This ordinance will place a
moratorium prohibiting conditional uses within the 1-2 zoning district.
The City Council's action is to approve the ordinance for second readina and order the
ordinance published.
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 RESTRICTING THE ESTABLISHMENT OF CONDITIONAL
USES WITHIN 1-2 DISTRICTS WITHIN THE CITY OF HOPKINS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1.
Baclmround and Findine:s.
1.01 The Metropolitan Council is requiring the City of Hopkins to update its Comprehensive Plan
by 2008.
1.02 The City of Hopkins has contracted with Hoisington Koegler to update the Comprehensive
Plan.
1.03 Many 1-2 districts currently abut Residential districts.
1.04 The juxtaposition of 1-2 and Residential areas raises environmental, traffic, noise, and other
concerns and whether the conditional uses permitted in 1-2 districts are compatible with
nearby Residential districts.
1.05 The City of Hopkins has not reviewed, reconsidered, or updated the conditional uses allowed
in 1-2 districts for several years.
1.06 The City of Hopkins, in reviewing and updating its Comprehensive Plan, will investigate the
nature and type of conditional uses permitted in 1-2 districts and consider whether some or all
of the conditional uses should be modified, added, or eliminated.
Section 2.
Plan nine: Studv.
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 districts should be modified, added or eliminated. 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 manner in 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 residents.
C. The degree to which such conditional uses affect or impair the flow of traffic in the
City of Hopkins and the manner (if any) such conditional uses should be restricted or
regulated to address traffic concerns.
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 conditional uses within any 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 study authorized by this
Ordinance and the adoption of any modifications to the City's Ordinances, Regulations and Official
Controls. No license or permit shall be issued nor application be accepted for any conditional use to
be located within Zoning District 1-2 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.
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:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
November 7,2006
November 21,2006
November 30, 2006
November 30,2006
Eugene Maxwell, Mayor
City Attorney Signature
Date