HomeMy Public PortalAbout286CITY OF MEDINA
ORDINANCE NO. 286
AN INTERIM ORDINANCE REGULATING DEVELOPMENT
ACTIVITY WITHIN THE CITY OF MEDINA AND
DIRECTING A STUDY TO BE CONDUCTED THEREON
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
Section 1. Background.
1.01. Many of Medina's ordinances relating to wetlands and other water resources
and road use were adopted 15 or more years ago when the city faced fewer
development pressures and when there existed less appreciation of the need
for thorough regulation of these matters.
1.02. Since the early 1980's, the city has experienced significant residential and
non-residential development and the pace of such development is likely to
increase in the reasonably foreseeable future.
1.03. There has been a substantial increase in awareness of the importance of
wetlands and .other water resources since the enactment of the city's official
controls governing development, as demonstrated in part by the recent
increased protection offered to such resources under state law.
1.04. The city council is concerned that its official controls relating to wetlands and
other water resources may not adequately reflect the contents of its
comprehensive plan and may be inadequate in light of the amount and types
of development taking place within the city.
1.05. Pursuant to Minn. R. 8420.0240, the city is authorized to adopt procedures
and standards providing protection to wetlands over the level established by
state law.
1.06. The city is required to review and pursue consistency between its
comprehensive plan and its official controls, including those controls relating
to wetlands and other water resources within the city, pursuant to the 1995
amendments to Minnesota Statutes, sections 473.858, subd. 1 and 473.864,
subd. 2.
1.07. There exist a number of significant planning and land use issues pertaining
to the protection of the city's wetlands and other water resources, including
the following:
a. the lack of protection provided by state law to certain wetlands
and other water resources;
b . the coordination of city ordinances and plans with state laws and
plans, and regulations and plans of other local and regional
governmental entities;
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c. the need for the city to ensure that wetlands lost to development
can be adequately replaced as required by Minnesota Statutes,
section 103G.222; and
d. the effect of destruction of wetlands and other water resources
on agricultural and recreational property within the city.
1.08. The city council is further concerned that its ordinances pertaining to the use
of its roads may be inadequate in light of the amount and types of development
taking place within the community.
1.09. The city has authority to regulate the use of roads within its jurisdiction,
pursuant to Minnesota Statutes, section 169.04.
1.10. There exist a number of significant planning and land use issues pertaining
to the use of roads within the city's jurisdiction, including the following:
a. the effects of large-scale development projects on the ability of
the roads to support heavy use by trucks or large equipment;
b. the effects of large-scale development projects on the safety of
roads in surrounding neighborhoods and the neighborhoods
through which the attendant trucks and heavy equipment must
travel; and
c. the effects of such sustained use on surrounding property and
natural resources.
1.11. Minnesota Statutes, section 462.355, subd. 4 allows the city to adopt an
interim ordinance for the purpose of protecting the planning process and the
health, safety and welfare of its citizens.
1.12. The city council desires to adopt an interim ordinance that is broad enough to
protect its planning process and the health, safety and welfare of its citizens
while reviewing the above matters, but limited enough so that appropriate
development may take place during the interim.
Section 2. Findings
2.01. The city council finds that it is necessary to conduct studies to determine if
there is a need to amend the city's official controls or its comprehensive plan
relating to wetlands and other water resources and use of roads, and if so, to
adopt the appropriate amendments.
2.02. The city council finds that there is a need to adopt an interim ordinance for
the purpose of protecting the planning process and the health, safety and
welfare of its citizens regarding such matters.
Section 3. Definitions
3.01. Except as provided herein, all terms shall have the definitions given them by
the Medina city code.
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3.02. Excavation: The displacement or removal of sediment, hydric or other soils,
or other materials by any method.
3.03. Sediment: Solid mineral or organic material that is in suspension, is being
transported, or has been moved from its original location by air, water,
gravity, or ice, and has been deposited at another location.
3.04. Soil: The unconsolidated mineral and organic material on the immediate
surface of the earth that serves as natural medium for the growth of land
plants.
Section 4. Planning and Zoning Study; Moratorium.
4.01. A study is authorized to be conducted by city staff and consultants to
determine whether the city's official controls need to be reconciled with its
comprehensive plan. The city staff and consultants are further authorized to
study how to appropriately regulate wetlands and other water resources and
the use of roads within the city. The scope of the study should include, but
is not limited to, the following:
a. coordination of city ordinances and plans with state laws and
plans, and regulations and plans of other local and regional
governmental entities;
b. the need for and the most appropriate means of protecting
wetlands and other water resources;
c. the effect of destruction of wetlands and other water resources
on agricultural and recreational property within the city;
d. the ability of roads to support use by trucks or heavy equipment
and the effects of such use on surrounding property and natural
resources; and
e. the effects of large-scale development projects on the safety of
roads in surrounding neighborhoods and the neighborhoods
through which the attendant equipment must travel.
4.02. Pending completion of the study and the adoption of any amendments to the
city's official controls:
a. It shall be unlawful for any person to undertake, engage in, or
cause any excavation larger than one acre in size within any
wetland that is not a public waters wetland within the meaning of
Minnesota Statutes, section 103G.005, subd. 18.
b. It shall be unlawful for any person to undertake, engage in, or
cause the removal of more than 10,000 cubic yards of soil from
any parcel of land.
Section 5. Enforcement.
5.01. The city may enforce any provision of this ordinance by mandamus, injunction
or any other appropriate civil remedy in any court of competent jurisdiction.
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Section 6. Separability.
6.01. Every section, provision or part of this ordinance is declared separable from
every other section, provision or part of this ordinance. If any section,
provision, or part of this ordinance is adjudged to be invalid by a court of
competent jurisdiction, such judgment shall not invalidate any other section,
provision, or part of this ordinance.
Section 7. Duration.
7.01. This ordinance shall remain in effect for one year from its effective date or
until such time as said ordinance shall be revoked, extended or otherwise
amended.
Section 8. Effective Date.
8.01. This ordinance shall take effect the day after the date of its publication.
1995.
Adopted by the City Council of the City of Medina this 3rd day of October ,
ATTEST:
Jef
Anne E. Thies, Mayor
son, erk-Treasurer
Published in the Weekly News this 5th day of October
, 1995.
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