HomeMy Public PortalAbout394CITY OF MEDINA
ORDINANCE NO.394
AN INTERIM ORDINANCE REGARDING SUBDIVISION OF LAND
WITHIN THE RURAL RESIDENTIAL ZONING DISTRICTS;
ESTABLISHING A MORATORIUM; 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 regulate the development of land within the community, all in accordance
with Minnesota Statutes, sections 462.351 et sec,. and 473.851 et seq.
1.02. The City has provided within its comprehensive plan for the dedication of certain
lands within the community for rural residential use and has articulated its expectations
regarding the character of those areas.
1.03. The City recognizes that the comprehensive plan is intended to express the City's
vision for development of the community in broad outline and that it is necessary to develop and
implement specific tools to guide future development.
1.04. The City has adopted a zoning ordinance, subdivision regulations and other
official controls to regulate the development of areas intended for rural residential use. The City
is required by statute and intends that its official controls be consistent with its comprehensive
plan.
1.05. Medina has previously experienced relatively slow residential growth but
recognizes that it will likely be subject to increased development pressures in the future as
urbanization expands outward in the metropolitan area. The City also recognizes that much of
the easily developed land in the rural residential area has already been subdivided and that future
subdivisions are likely to be more challenging.
1.06. The City has determined that its zoning ordinance, subdivision regulations and
other official controls in the rural residential district may be inadequate to regulate future
development to its full satisfaction. The City is intent on preserving the high quality of life
currently enjoyed in the rural residential district and recognizes the need to be innovative in
meeting future challenges.
1.07. The City wishes to prevent premature subdivision of land within the rural
residential district until it has an opportunity to evaluate and revise its official controls to more
fully achieve its objectives.
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October 18, 2005
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1.08. Minnesota Statutes, section 462.355, subd. 4 allows the City to adopt an interim
ordinance when it recognizes the need to modify its official controls for the purpose of protecting
the planning process and the health, safety and welfare of the citizens.
Section 2. Findings.
2.01. The city council finds that the areas of the community designated for rural
residential development require careful planning in order to implement the vision of the
comprehensive plan. The current zoning ordinance, subdivision regulations and other official
controls are not adequate to accomplish the high quality of development desired in the rural
residential area.
2.02. The city planner has prepared a report which summarizes certain ways in which
the City's official controls do not fully advance the goals of the comprehensive plan. The city
council finds it necessary to have sufficient opportunity to review and amend its official controls
as they relate to the subdivision of land within the rural residential area to remedy those
deficiencies.
2.03. It is important that the City act now because the City's ability to shape
development is severely limited after preliminary approval of a subdivision. After preliminary
approval, the City is required to grant final approval if the conditions of preliminary approval
and all relevant official controls have been met. After final approval of a subdivision, the City is
prohibited from applying any subsequently amended official controls to the subdivision for a
period of at least two years.
2.04. The city council finds that the adoption of an interim ordinance applicable to the
subdivision of land within the rural residential area is essential to give it the opportunity to
review, adopt and modify its official controls 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. The City hereby authorizes a study to determine how the City's official controls
regarding the subdivision of land within the rural residential area need to be modified or
supplemented in order to compliment and be fully consistent with the comprehensive plan. The
purpose of such controls is to regulate physical activities on land which may adversely impact
areas of the community intended to be preserved for rural residential use. The study will be
conducted by city staff and consultants.
3.02. Pending completion of the study and the adoption of new or amended official
controls, a moratorium is hereby established on the acceptance, review, processing or approval of
any application for the subdivision of land which will create one or more additional lots. The
moratorium shall apply to all land within the Rural Residential, Rural Residential-2 and Rural
Residential -Urban Reserve zoning districts. Nothing herein shall prevent the review and
approval of lot combinations or lot line rearrangements which do not result in additional lots. No
new application for any subdivision of land within the rural residential zoning district shall be
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October 18, 2005
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accepted. All subdivision applications which have been received prior to the effective date of
this ordinance shall receive no further review and shall be withdrawn by the applicant or shall be
acted upon by the City in light of the moratorium.
Section 4. Duration.
4.01. This ordinance shall remain in effect for six months from its effective date.
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 held 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
publication in the City's official newspaper.
Adopted by the Medina city council on the 18th day of October, 2005.
Bruce D. Workman, Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the Crow River News on the 24th day of October, 2005
Ordinance No. 394
October 18, 2005
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