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HomeMy Public PortalAbout333CITY OF MEDINA ORDINANCE NO.333 AN INTERIM ORDINANCE REGARDING DEVELOPMENT IN THE URBAN COMMERCIAL, URBAN RESIDENTIAL -URBAN RESERVE, RURAL COMMERCIAL HOLDING, MULTIFAMILY RESIDENTIAL 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") undertook 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 were 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 has recognized 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. New zoning ordinances have been adopted for the business park, industrial park and urban commercial districts. New or modified ordinances will likely be adopted in the future affecting the uptown Hamel, rural residential -urban reserve, rural commercial holding and multifamily residential districts. RHB-186936v 1 ME230-1-PZ 1 Ordinance 333 April 3, 2001 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 met 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 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 progressed and ordinances were adopted, some areas were excluded from the moratorium, including the residential areas designated as PUD-1 and PUD-2 and an area of suburban residential in the southern part of the community. On October 3, 2000, the city adopted Ordinance No. 322 which extended the moratorium previously established to properties within selected districts. 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 fully implement the comprehensive plan, and it is necessary to extend the moratorium for properties within certain districts 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 an area not previously included 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 RHB-186936v1 ME230-1-PZ 2 Ordinance 333 April 3, 2001 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 development is hereby extended within the area depicted on the map attached hereto as Exhibit A. A moritorium is also established within the new areas depicted on Exhibit A. No new applications may be accepted regarding land subject to the new or extended moratoria. 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 moratoria. Section 4. Duration. 4.01. This ordinance shall become effective upon its adoption and publication and shall remain in effect through July 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 3rd day of April, 2001. Paul Robinson, Administrator -Clerk -Treasurer RHB- 186936v 1 ME230-1-PZ f',/nr"' B. Ferris, Mayor Published in the Lakeshore Weekly News this 12th day of April, 2001. 3 Ordinance 333 April 3, 2001 Exhibit A �‘ a i .. 1411 RV riiiMilyirS rr 1 12 1111111,4410111511rilh' AqintillaWallilbilq1111 INIELatrinigill. ' 111.1MW ......mill Ell 11h117 1Ie �n171"�!!r171jir d Ct 11. no �= �1, �ll ... dot or ��� ..rrv�: pm 1-igoirAMParM C il l rdiI. risti�,�lr�llu� RLIERMal,„ digamialiIMIEN, 1111114meM ""ta lair 116V011111/1 A I . b , . . - -11, ni 1 f- , , _ � r� Heros.yC, l,.. 11.11111 1rt� The City al of Medina ,rrTT1—Z .. April 3, 2001 Council Meeting Extension and Creation of a Moratorium New Moratorium bees M oretork m E xtension Nees Q RHB-186936v 1 ME230-1-PZ 4 Ordinance 333 April 3, 2001 STATE 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 Minnetonka 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 w`eeks(s), that it was first so published on the Z day of 2001, and last appeared on the day of 2001. 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. abcdefghij nopgrs , vwxyr Signed (Publisher or Subscribed and sworn to before me this I day of Ai\ C£ �� , 2001. Notary Public CHELSEA ATANGEN. NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-3/-2005 CITY OF MEDINA CITY OF MEDINA The City Council of the City of Medina has adopted' Ordinance No. 333. The ordinance is an interim ordinance which extends the previous moratoria on development within some or all of the areas of the community zoned or designated as urban commercial, urban residential -urban reserve, rural commercial holding, multifamily residential and uptown Hamel. Portions of the city which have recently been rezoned to the new business park, industrial park or urban commercial districts will no longer be sub- ject to a moratorium. A portion of the city previously des- ignated for multifamily residential has been added to the moratorium. The interim ordinance will allow the City an opportunity to continue its review of its official controls, including its zoning ordinance and subdivision regula- tions, and to make amendments necessary for consistency with the City's new comprehensive plan. The moratorium will be in effect until July 3, 2001. The' full text of Ordinance No.333 is available at Medina city hall during regular business hours. Paul Robinson Administrator -Clerk -Treasurer City of Medina Published in the Lakeshore Weekly News this 12th day of April, 2001..