CR 11-012 Interim Ordinance - Mixed Use• February 10, 2011
Proposed Action
INTERIM ORDINANCE — MIXED USE
Council Report 11-12
Staff recommends the following motion: Move to adopt Resolution 11-08 approving
Ordinance 11-1025 placing a moratorium on site plan approvals for areas designated mixed
use in the 2010-2030 Hopkins Comprehensive Plan for first reading.
Overview
In 2010 the City of Hopkins adopted the 2010-30 Comprehensive Plan. A new land use
designation of Mixed Use was identified on the land use plan. The staff and Planning
Commission have been reviewing a proposed ordinance for the past year. There is a concern
that before the new ordinance is adopted and properties rezoned, a development could be
proposed in the area that was counter to the mixed use designation. As a result of this
concern, a moratorium is being recommended to be placed on site plan approvals for all
properties designated mixed use in the 2010-30 Comprehensive Plan.
• The moratorium is for one year and can be extended an additional six months.
Primary Issue to Consider
• Why is this interim ordinance being enacted?
To provide time for the City to adopt the mixed use ordinance and rezone various
properties guided mixed use.
Supporting Documents
• Resolution 11-08
• Ordinance 11-1025
Nancy Anderson, AICP
Planner
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CRI 1-12
Page 2
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Alternatives.
Approve the moratorium. By approving the moratorium, property in the mixed use
designated areas will not be able to expand or redevelop.
2. Deny the moratorium. By denying the moratorium, property in the mixed use designated
areas will be able to expand or redevelop as it is zoned. 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.
Is
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2011-008
A RESOLUTION MAKING FINDINGS OF FACT AND PLACING A MORATORIUM
ON THE REVIEW AND APPROVAL OF SITE PLANS AND ISSUANCE OF BULDING
AND RELATED PERMITS WITHIN CERTAIN AREAS IN THE CITY OF HOPKINS
WHEREAS, on , 2011, the City Council of the City of Hopkins approved the first
reading of Ordinance No. 2011-1025, which is an Interim Ordinance placing a moratorium on (1) site
plan review and approval; (2) expansion of any current use; and (3) construction of new
improvements for any property located within those areas guided for "Mixed Use" land use by the
2010 — 2030 Comprehensive Plan of the City of Hopkins (the "Affected Areas"), as in effect on the
effective date of the Interim Ordinance and prohibiting the review and approval of site plans for any
properties located within Affected Areas; issuance of building permits or other approvals tending to
enlarge the use of the primary structures in the Affected Areas; and issuance of any permit allowing
is
construction of additional structures on property in the Affected Areas;
WHEREAS, the "Background and Findings" contained in Section 1 of Ordinance No. 2011-
1025 are hereby approved and incorporated in this Resolution in their entirety.
WHEREAS, Ordinance No. 2011-1025 will not be effective until the City Council has
approved the Ordinance for second reading and publication.
WHEREAS, there is a need to immediately suspend and freeze the review and approval of
site plans for any properties located within Affected Areas; issuance of building pen -nits or other
approvals to enlarge he primary structures on property located within the Affected Areas; and
issuance of any permit allowing construction of additional structures on property in the Affected
Areas; until the effective date of Ordinance No. 2011-1025 for the purpose of protecting the planning
process and the health, safety and welfare of the citizens of the City of Hopkins while the study
provided for in Ordinance No. 2011-1025 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
• until the effective date of Ordinance No. 2011-1025, no site plan shall be reviewed or approved for
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any property located within the Affected Areas; no building permits or other approvals tending to
enlarge any primary structures on property located in the Affected Areas shall issue; and no permit
allowing construction of additional structures on property in the Affected Areas shall issue.
Adopted this day of , 2011, by the City Council of the City of
Hopkins, Minnesota.
ATTEST:
Terry Obermaier, City Clerk
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Eugene J. Maxwell, Mayor
• CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2011-1025
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE
PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF
CITY RESIDENTS; AND PLACING A MORATORIUM ON THE REVIEW AND
APPROVAL OF SITE PLANS AND ISSUANCE OF BULDING AND RELATED
PERMITS WITHIN CERTAIN AREAS IN THE CITY OF HOPKINS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Backaround and Findings.
1.01 The 2010 — 2030 Comprehensive Plan adopted by the City of Hopkins(the "Comprehensive
Plan") establishes a "Mixed Use" Land Use Category and guides certain areas of the City as
identified in the Land Use Plan, fig. 4.2, at Page 4 — 7 of the Comprehensive Plan (the
"Affected Areas") for development as "Mixed Use," as part of the proposed light rail transit
is
corridor through the City of Hopkins.
1.02 The City's Zoning Code must be brought into accordance with the Comprehensive Plan, but
— at present — there is no "Mixed Use" zoning district.
1.03 City Staff and the Zoning and Planning Commission must promulgate a new "Mixed Use"
zoning district ordinance in accordance with the Comprehensive Plan.
1.04 Consistent with the policies and goals stated in the City's Comprehensive Plan, and in order
to determine the best manner in which to promulgate the new "Mixed Use" zoning district
ordinance in accordance with the Comprehensive Plan, the City Council believes it is prudent
to review the City's Ordinances, Regulations and Official Controls for the Affected Areas.
1.05 There is a need for a planning study by City Staff so that the Zoning and Planning
Commission and the City Council can determine the best manner in which to promulgate and
adopt the necessary ordinances and amendments to establish the "Mixed Use" zoning district
in accordance with the Comprehensive Plan.
1.06 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 planning study provided for in this Ordinance is being conducted.
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Section 2. Planning Study
2.01 The following planning study shall be conducted by City staff City Staff shall review the
Comprehensive Plan and determine how the City's existing Ordinances, Regulations and
Official Controls should be amended or new ordinance adopted to implement the Mixed Use
zoning of those properties located in the Affected Areas.
2.02 Upon completion of the study, the review shall be submitted by staff to the Zoning and
Planning Commission and 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.
3.01 A moratorium on (1) site plan review and approval; (2) enlargement of any existing building
or structure; and (3) construction of new buildings or structures upon any property in the
Affected Areas, 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.
Notwithstanding any provisions of Section 526 of the Hopkins City Code to the contrary, no
• site plan approval application shall be accepted or reviewed for any property within the
Affected Areas. No building permit or other approval shall be issued or granted for property
in the Affected Areas for the enlargement of any building or structure at that property; nor
shall any permit issue allowing construction of additional buildings or structures on property
in the Affected Areas. This Interim Ordinance does not prohibit the issuance of building
permits or other related permits for interior work only within a building or structure currently
in existence at a property in the Affected Areas.
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.
4.01 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.
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Section 5. Severability.
5.01 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.
Section 6. Effective Date.
6.01 This Interim Ordinance shall be effective on publication.
First reading:
Second reading:
Date of Publication:
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ATTEST:
Terry Obermaier, City Clerk
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Eugene J. Maxwell, Mayor
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City of Hopkins Comprehensive Plan