HomeMy Public PortalAbout312 Affidavit of PublicationSTATE OF MINNESOTA
COUNTY OF HENNEPIN
I, the undersigned publisher or editor of the
Lakeshore Weekly News, swear that said the
newspaper has its office of issue at 10001
Wayzata Blvd, in the City of Minnetonka, in
the County of Hennepin, State of Minnesota,
and is a third class free distribution newspaper
with a combined circulation of 25,000.
I further state an oath that the printed Legal
Notice hereto attached as a part hereof was cut
from the columns of said newspaper, and was
printed therein in the English language one a
week for weeks(s), that it was first so
published on the day of P/b-A-c-lk ,2000,
and last appeared on the ;2- day of
71%-42000. The following is a copy of the
lower case alphabet which is acknowledged to
have been the size and kind or type used in the
publication of said notice.
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Signed
(Publisher o
Subscribed nd sworn to before me this =5- -
day of /,�I� 2000.
Notary Public
v. AMY L. CICCHESE
Notary Public
Minnesota
My Commission Expires Jan. 31, 2005
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CITY OF MEDINA
THE CITY OF MEDINA
ORDINANCE NO. 312
AN INTERIM ORDINANCE REGARDING
DEVELOPMENT IN THE RURAL COMMERCIAL
DISTRICT IN THE COMPREHENSIVE PLAN;
ESTABLISHING A MORATORIUM THEREON;
AND DIRECTING A STUDY
OF OFFICIAL CONTROLS RELATED THERETO
THE CITY COUNCIL OF THE CITY OF MEDINA
ORDAINS AS FOLLOWS:
Section 1. Background.
1.01. The city of Medina (the "City") has previously
adopted a comprehensive plan and official controls to reg-
ulate the development of land within the community, -all
in accordance with Minnesota Statutes, sections 462.351 et
seq. and 473.851 et seq.
1.02. Pursuant to the requirements of Laws 1995 c176
s9, the City has adopted an amended comprehensive plan
and transmitted the same to the Metropolitan Council for
its review.
1.03. Among the significant land use changes which
are incorporated into the amended comprehensive plan
are the elimination of the industrial districts, the redesig-
nation of areas previously guided as rural
commercial/industrial to urban commercial and urban
commercial-1, introduction of a new development concept
for the uptown Hamel area and the establishment of a res-
idential planned unit development district for several
large undeveloped properties.
1.04. The City recognizes that the comprehensive
plan is intended to express the City's vision for develop-
ment of the community in broadoutlines aqd that it will
be necessary to develop specific tools to guide future
development through the adoption of official controls,
including new and amended zoning ordinances and sub-
division regulations. .
1.05. Medina has previously experiened slow to
moderate growth but recognizes that it is likely to be sub-
. ject to increaseddevelopment pressure in the future as
urbanization expands outward in the metropolitan area.
The City is intent upon preserving the high quality of life
it currently enjoys and recognizes the need to be pro-
active in meeting the challenges posed by new commer-
cial and residential development.
1.06. The City is now engaged in the process of
reviewing its official controls with an intent to revise,
update and supplement them as necessary to carry out the
vision expressed in the comprehensive plan. Among the
likely zoning ordinance amendments will be regulations
providing for new transition/buffering standards
between residential and non-residential uses.
1.07. The City wishes to prevent premature devel-
opment within the areas of the- community subject to
changed land use requirements until it has an opportunity
to evaluate and revise its official controls.
1.08. Minnesota Statutes, section'462.355, subd. 4
allows the City to adopt an interim ordinance for the pur-
pose of protecting the planning process and the health,
safety and welfare of the citizens.
1.09. It was in anticipation of such premature devel-
opment within the urban commercial, uptown Hamel and
residential PUD areas that the City adopted an interim
ordinance on October 5, 1999 declaring a moratorium on
development within those,. districts and adjacent areas.
preserve the planning process and to protect the health,
safety and welfare of the citizens of the community.
Section 3. Study of Official Controls: Moratorium:
3.01. A study is authorized to be conducted by city
staff, planning commission, planning consultants and
other interested parties to determine if the City's official
controls regarding rural commercial development need
to be modified or supplemented in order to implement the
land use changes articulated in the comprehensive plan.
The study will be an expansion of the study previously
authorized by the interim ordinance adopted on October
5, 1999.
3.02. Pending completion of the study and the adop-
tion of new or amended official controls, a moratorium is .
hereby established on the acceptance, review, processing
or approval of anypermit, application or request for any
change in zoning or other land use control, any plat or
subdivision of property or for any building or other per-
mit related to construction or land development within
the area depicted on the map attached hereto as Exhibit
A. No new applications may be accepted regarding land
subject to the moratorium. Any applications which have
previously been received shall receive no further review
and shall be withdrawn by the applicant or acted upon by
the City in light of the moratorium.
Section 4. Duration.
4.01. This ordinance shall remain in effect for one
year from its effective date or until such other time as the
City may revoke or amend it.
Section 5. Enforcement.
5.01. The City may enforce this ordinance by man-
damus, injunction or other appropriate dvil remedy in
any court of competent jurisdiction.
Section 6. Separability.
6.01. Every section, provision and part of this ordi-
nance is declared separable from every other section, pro-
vision and 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 ordi-
nance.
Section 7. Effective Date.
•
7.01. This ordinance shall take effect upon its adop-
tion by the city council and its publication in the City's
official newspaper.
Adopted by the city council of the city of Medina this 21st
day of December, 1999.
By Order of the Medina City Council
Paul Robinson, City Clerk -Treasurer
Published in the Lakeshore Weekly News this 2nd day
of March, 2000.
Section 2. Findings.
2.01. The city council finds it necessary to have an
opportunity to review and amend its official controls as
they relate to land use development within the rural corn-
mercial areas of the community prior to the time it must
make decisions on development within those areas.
2.02 The city council findsthatthe adoption of an
interim ordinance related to the rural commercial districts
and adjacent residential areas is essential to enable it to