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HomeMy Public PortalAbout455CITY OF MEDINA ORDINANCE NO. 455 AN INTERIM ORDINANCE REGARDING RELIGIOUS INSTITUTIONS AND FACILITIES; 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 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 seq. and 473.851 et seq. 1.02. The City has adopted a zoning ordinance, subdivision regulations and other official controls to implement the comprehensive plan. 1.03. The City has established various zoning districts in which some uses are permitted as of right, while other uses are permitted conditionally. 1.04. Among the uses which are permitted conditionally in the residential and Uptown Hamel districts are religious institutions and facilities. 1.05. Minnesota Statutes, Section 462.3595, subd. 1 requires that a city's zoning ordinance include both general requirements for all conditional uses and insofar as practical, requirements specific to each designated conditional use. 1.06. The City has recently submitted an amended comprehensive plan to the Metropolitan Council for review as is required every 10 years by Minnesota Statutes, section 473.864, subd. 2, which amended plan may require changes to the City's official controls relating to religious institutions and facilities. 1.07. The City has determined that its current zoning ordinance is inadequate to regulate religious institutions and facilities due to the changing nature of such uses. 1.08. Pursuant to Minnesota Statutes, section 473.865, the City has nine months following adoption of its amended comprehensive plan to review and, if necessary, revise its official controls to eliminate conflicts with the comprehensive plan. 1.09. The City wishes to prevent premature establishment of new or expansion of existing religious institutions and facilities until it has an opportunity to fully evaluate and revise its zoning ordinance and other official controls to better regulate such uses. Ordinance No. 455 February 3, 2009 1.10. 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 nature of religious institutions and their facilities has changed substantially over time such that relatively small facilities with limited accessory activities, which were of a scale compatible with residential uses, are no longer the norm. Religious institutions are increasingly housed in large facilities and involve numerous uses other than those traditionally associated with religious institutions. This type of facility has different land use characteristics and requires a different regulatory approach than was the case in the past. The current zoning ordinance does not include standards and requirements adequate to regulate the establishment, expansion, and operation of the full range of religious institutions and facilities. 2.02. The City's planner has prepared a report which summarizes the ways in which the City's current zoning ordinance and other official controls do not adequately mitigate the potential adverse impacts of religious institutions and facilities in the community. The city council finds it necessary to have an opportunity to review fully and amend its official controls as they relate to religious institutions and facilities to remedy those deficiencies. 2.03. The city council finds that the adoption of an interim ordinance applicable to religious institutions and facilities 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 religious institutions and facilities 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 intended to be used for religious institutions and facilities and to prevent such uses from having an adverse affect on nearby lands. 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 applications for the establishment, creation, or expansion of religious institutions or facilities. The moratorium shall apply to all land within the city. No new applications for religious institutions or facilities within any zoning district or for the expansion or enlargement of any current religious institutions or facilities shall be accepted. All such applications which have been received prior to the effective date of this ordinance shall be given no further review and shall be withdrawn by the applicant or shall be acted upon by the City in light of the moratorium. Ordinance No. 455 2 February 3, 2009 Section 4. Duration. 4.01. This ordinance shall remain in effect for one year after its adoption and publication. 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 thereof. 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 city council of the city of Medina this 3rd day of February, 2009. T.M. Crosby, Jr.,aor ATTEST: Zt, ‘94 A---/-44,t, Chad M. Adams, City Administrator Published in the South Crow River News this 6th day of February, 2009. Ordinance No. 455 3 February 3, 2009