HomeMy Public PortalAbout322CITY OF MEDINA
ORDINANCE NO.322
AN INTERIM ORDINANCE REGARDING DEVELOPMENT IN THE
URBAN COMMERCIAL, URBAN COMMERCIAL-1, RURAL
COMMERCIAL HOLDING AND UPTOWN HAMEL DISTRICTS AND
SELECTED ADJACENT AREAS IN THE COMPREHENSIVE PLAN AND
ESTABLISHING AND EXTENDING A MORATORIUM RELATED
THERETO
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
Section 1. Background.
1.01. Pursuant to the requirements of Minnesota Statutes, section 473.864, the city of
Medina (the "City") has been engaged for the past two years in the process of reviewing and
amending its comprehensive plan, which revised plan was adopted by the city council on
September 11, 2000 and approved by the Metropolitan Council on September 13, 2000.
1.02. Among the significant land use changes which are incorporated in the
comprehensive plan are the elimination of the industrial districts, the redesignation of areas
previously guided as rural commercial/industrial to urban commercial and urban commercial-1,
and the introduction of a new development concept for the uptown Hamel area.
1.03. The City recognizes that the comprehensive plan is intended to express the City's
vision for development of the community in broad outlines and 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 subdivision regulations.
1.04. Medina has previously experienced slow to moderate growth but recognizes that
it is likely to be subject to increased development 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 development.
1.05. The City recognized that it would be necessary in connection with adoption of the
comprehensive plan to review carefully its official controls and revise, update and supplement
them as necessary to carry out the vision expressed in the comprehensive plan. Likely new or
modified zoning amendments included establishing new districts for urban commercial-1 and
uptown Hamel and providing for new transition/buffering standards between residential and non-
residential uses.
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1.06. In order to implement elements of the comprehensive plan, the City created a
Comprehensive Plan Implementation Committee (the "Committee") to act as an advisory
committee to the planning commission and city council regarding the adoption of new or
amended official controls. The Committee has been meeting on a regular basis since late 1999 to
review and recommend adoption of new and amended ordinances and official controls.
1.07. In order to protect the planning process while the City reviewed and revised its
official controls, the City adopted Ordinance No. 311 on October 5, 1999. Ordinance No. 311
became effective on October 14, 1999 and established a moratorium on land within the urban
commercial, urban commercial-1, uptown Hamel areas, PUD #1, PUD #2, and specified
residential areas of the City. Ordinance No. 312 was adopted on December 21, 1999, and
became effective on March 3, 2000. Ordinance No. 312 imposed a moratorium on development
within the rural commercial holding zones.
1.08. As work on implementing the comprehensive plan has progressed and ordinances
have been adopted, some areas have been excluding from the moratorium, including the
residential areas designated as PUD-1 and PUD-2 as well as an area of suburban residential in
the southern part of the community.
1.09. Despite the best efforts of the City, including the City staff and consultants, the
Committee, the planning commission and the city council, work has not yet been completed on
all of the ordinances which must be amended to implement the comprehensive plan, and it is
necessary to extend the moratorium to allow completion of the planning process.
Section 2. Findings.
2.01. The city council finds it necessary to have additional time to complete the review
of and to amend its official controls as they relate to land use development within certain areas of
the community prior to the time it must make decisions on development within those areas.
2.02. The city council finds that the adoption of an interim ordinance extending the
moratorium for the described areas and adding one small area not previously included directly
within the moratorium is essential to enable it to 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. City staff and consultants, the planning commission and the Committee are
authorized and directed to continue to review the City's official controls to determine the need to
modify or supplement them in order to implement the land use changes articulated in the
comprehensive plan.
3.02. Pending completion of the study and the adoption of new or amended official
controls, the moratoria previously established on the acceptance, review, processing or approval
of any permit, 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 permit related to construction or land
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ME230-1-PZ 10-03-00
development is hereby extended within the area depicted on the map attached hereto as Exhibit
A. The area included within this moratorium and depicted on Exhibit A includes the areas of the
community designated as urban commercial, urban commercial 1, rural commercial holding and
uptown Hamel. A small parcel designated multi -family residential near uptown Hamel has been
added. The 1000 foot buffer in the residential districts surrounding urban commercial and urban
commercial 1 has been reduced to 100 feet and development is restricted only within those
portions of affected lots lying within the 100 foot buffer. 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 become effective upon its adoption and publication and shall
remain in effect through April 3, 2001 or such other time as the City may revoke or amend it for
the property shown on Exhibit A attached hereto.
Section 5. Enforcement.
5.01. The City may enforce this ordinance by mandamus, injunction or other
appropriate civil remedy in any court of competent jurisdiction.
Section 6. Separability.
6.01. Every section, provision and part of this ordinance is declared separable from
every other section, provision 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 ordinance.
Section 7. Effective Date.
7.01. This ordinance shall take effect upon its adoption by the city council and its
publication in the City's official newspaper.
Adopted by the city council of the city of Medina this 10`h day of October, 2000.
mac/.
John B. Ferris, Mayor
Paul ' o mson, Administrator -Clerk -Treasurer
Published in the Lakeshore Weekly News this 12`h day of October, 2000.
RHB-186936v 1
ME230-1-PZ
Ordinance 322
10-03-00
Exhibit A
The City
of Medina
shaded Areas Included
In M oratoium E xtension
October 3, 2000 Until
April 3, 2001
me •>ovn
RHB-186936v1
ME230-1-PZ
Ordinance 322
10-03-00
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