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Home My Public Portal About305CITY OF MEDINA ORDINANCE NO.305 AN INTERIM ORDINANCE PROTECTING THE PLANNING PROCESS REGARDING THE DEVELOPMENT OF CERTAIN PROPERTY IN THE NORTHEAST QUADRANT OF THE CITY The City Council of the City of Medina Ordains as Follows: Section 1. Background 1.01 Minnesota Statutes, section 473.864 requires that by no later than December 31, 1998 all cities within the Twin Cities metropolitan area review and, if necessary, modify their comprehensive plans and ensure that their fiscal devices and official controls are not in conflict with the plan. 1.02 Consistent with this mandate, the Medina city council authorized its planning commission to review the city's comprehensive plan and official controls and to make recommendations to the city council on the need to amend those documents. 1.03 The planning commission initiated this process by holding a series of public hearings during the first quarter of 1998 which focused on specific neighborhoods in the community and thereafter has met frequently, in regular and special session, to discuss the plan. 1.04 Despite its early start and intention to complete the work on time, the planning commission was unable to finish its review of the comprehensive plan and the city's official controls while also handling its normal work load and requested that the city council ask for additional time to comply. 1.05 On November 4, 1998, the city council adopted Resolution No. 98-69 requesting an extension until June 30, 1999, for submission of an amended comprehensive plan to the Metropolitan Council. 1.06 In 1989, Hennepin County purchased a large tract of land in the northeast quadrant of the city from Larry Elwell. The county intended to use this site, commonly known as the Elwell property, for a new public works department facility. The Elwell property contains approximately 320 acres and has long been viewed by the city as most appropriate for residential use. The Elwell property is legally described on Exhibit A attached hereto. 1.07 At city urging, Hennepin County ultimately located its public works facility on a 140 acre site within Medina's industrial corridor along T.H. 55. The Elwell property remains undeveloped. RHB-154511 ME230-1-PZ 1 12-15-98 1.08 The city's current comprehensive plan, adopted in 1992, designates the Elwell property for residential use and allocates 65 sewer units to the site. The Elwell property is currently zoned rural residential, which designation permits single family development on large unsewered parcels. 1.09 Development of the Elwell property has been the subject of considerable attention by the planning commission during its review of the comprehensive plan. The planning commission has discussed the desirability of development of the site using innovative planning techniques such as planned unit development in order to preserve its natural features. Debate regarding such matters continues and the planning commission has not yet formulated a recommendation regarding the appropriate designation of the Elwell property in the amended comprehensive plan. 1.10 Although the 1992 comprehensive plan designates 65 sewer units for the Elwell property and the southerly 65 ± acres are shown on a map in the comprehensive plan as being within the MUSA area, none of the Elwell property has been zoned for sewered residential use. The Elwell property cannot be rezoned until a decision is made on the appropriate type of residential use. 1.11 During the period of time these matters have been under consideration by the planning commission and city council, city staff has received separate inquires from representatives of at least one church and one school regarding acquisition of a large portion of the Elwell property. Either of such uses would threaten the planning process currently under way due to the inadequate protections existing in the city's official controls relating to schools and churches. Hennepin County has also explored the possibility of having additional sewer units assigned to the Elwell property. 1.12 The city's zoning ordinance allows churches and schools within the rural residential district by conditional use permit but the ordinance contains no specific standards by which to evaluate the appropriateness of either use in a particular location. 1.13 The city's zoning ordinance allows schools within the rural residential district so long as the site is served by municipal sewer or the school limits its septic discharge. However, there has been discussion regarding the advisability of allowing large uses in unsewered areas. 1.14 The city's sewered residential zoning districts allow churches and schools by conditional use permit but without any specific standards by which to review an application. 1.15 The current lack of standards in the city's official controls results in the city being unprepared to conduct an objective evaluation of any proposal for either a church or a school on the Elwell property. The county's interest in additional sewer units cannot be evaluated without a decision on the desired density on the site. The planning commission's continuing but unfinished work on the comprehensive plan highlights the fact the city has not yet achieved a vision on the ultimate development of the Elwell property. 1.16 Minnesota Statutes, section 462.355, subd 4 allows the city to adopt an interim ordinance for all or any portion of the community for the purpose of protecting the planning process and safeguarding the health, safety and welfare of its citizens. RHB-154511 ME230-1-PZ 2 1.17 At its regular meeting on December 1, 1998, the city council discussed the advisability of adopting an interim ordinance regarding the Elwell property in order to allow the completion of planning studies now under way and to prevent development of the area prior to completion of the planning process. Section 2. Findings. 2.01 The city council finds that it is necessary for the health, safety and welfare of the community that the planning commission and city council be allowed to complete the review and amendment of the Medina comprehensive plan and the city's official controls as they relate to development of the Elwell property prior to being confronted with one or more applications for development of the site in a manner which may not be in the best interest of the community or consistent with the plan. 2.02 The city council finds there is a need to adopt an interim ordinance to protect the planning process currently under way regarding the Elwell property. Section 3. Continuation of Planning Process; Moratorium 3.01 The city council reaffirms its interest in having the city staff and planning commission continue their work of reviewing the comprehensive plan and the city's official controls regarding development of the Elwell property. The city council urges the planning commission to formulate a recommendation regarding possible amendments to the comprehensive plan and the city's official controls as expeditiously as reasonably possible. 3.02 Pending completion of the review of the comprehensive plan and official controls and adoption of any amendments thereto by the city council and approval of the same by the Metropolitan Council, the following restrictions shall apply to the Elwell property: a) no application for zoning, subdivision or other development shall be accepted by the city; b) no such application shall be considered, reviewed or processed in any manner by the city and any potential applicant shall be so informed; c) no zoning or other land use approval shall be considered or granted, including the allocation of additional sewer units; d) no building permit shall be considered or granted for any project; and e) no action of any kind shall be taken by the city to review, consider or approve any project or development. Section 4. Enforcement. The city may enforce any provision of this ordinance by mandamus, injunction or any other appropriate remedy in any court of competent jurisdiction. RHB-154511 ME230-1-PZ 3 Section 5. Duration. This ordinance shall remain in force and effect for one year from its effective date. Section 6. Severability. Every section, provision and part of this ordinance is declared severable from every other section, provision and part thereof. 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. Effective Date. This ordinance shall take effect upon its adoption and publication. Adopted by the city council of the City of Medina this 15th day of December, 1998. . Ferris, ayor Paul Robinson, Clerk -Treasurer Published in the Lakeshore Weekly News this 23 day of December, 1998. RHB-154511 ME230-1-PZ 4 EXHIBIT A Legal description of Elwell Property PIN: 01-118-23-11-0001 Unplatted 01-118-23 Northeast 1/4 Except Road PIN: 01-118-23-41-0001 Unplatted 01-118-23 North 1/2 of Southeast 1/4 Except Road PIN: 01-118-23-43-0001 Unplatted 01-118-23 South 1/2 of Southeast 1/4 Except Road PIN: 12-118-23-12-0002 Auditors Subdivision Number 241 Except Road Lot 23 RHB-154511 ME230-1-PZ 5 12-15-98