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2006-976CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE N0.06-976 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 I-2 DISTRICTS WITHIN THE CITY OF HOPKINS . v THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Background and Findings. 1.01 The Metropolitan Council is requiring the City of Hopkins to update its Comprehensive Plan by Zoos. 1.02 The City of Hopkins has contracted with Hoisington Koegler to update the Comprehensive Plan. 1.03 Many I-2 districts currently abut Residential districts. 1.04 The juxtaposition of I-2 and Residential areas raises environmental, traffic, noise, and other concerns and whether the conditional uses permitted in I-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 I-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 I-2 districts and consider whether some or all of the conditional uses should be modified, added, or eliminated. Section 2. Planning 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 I-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 I-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 I-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 maybe 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. 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. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATE ST: ~o~, ~... ~" ~ Terry maser, Clty Clerk November 7, 2006 November 21, 2006 November 30, 2006 November 30, 2006 Eug ne xwell, Mayor APPROVED AS TO FORM AND LEGALITY: ,~--_- ~.~~~ ~ ~ y Attorney Signature Date f/~ ff