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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. Ordinance No. 394 October 18, 2005 1 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 Ordinance No. 394 October 18, 2005 2 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 3