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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; DJG94474 ME230-224 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. DJG94474 ME230-224 2 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. DJG94474 ME230-224 3 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. DJG94474 ME230-224 4