10-21-1991 Planning Packet - Laserfiche WebLink

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ORDINANCE NO. 96. 2nd Series • • ’ AN ORDINANCE ESTABLISHING AN INTERIM MORATORIUM ON THE GRANTING OF LAND SUBDIVISIONS THAT HAVE NOT RECEIVED PRELIMINARY - • APPROVAL FROM THE CITY^ w THE CITY OF.ORONO ORDAINS: The Munidpal Code of the CiN of Orono is amended by adding Ordinance Iw. 92:2nd Series SECTION 1. SatamenIf of Policy. City ii pre The City Council, finds that the City it presently faced with the potential of applications for subdivision of larrd within 1,000 feet of lakes and 300 feet or the flood plain of certain tributaries within the City Ivnits. The City is in the process, of studying and preparing comprehensive amendment of its shoreline regulations. The City Coundl finds that there is an overwhelming probability that shoreline regulations will need to be updated and revised. The City Council also finds that such amendments cannot be accomplished until further study has bean competed and a hearirw held. since enactment of such amendments will undoubtedly modify existing regulations oonoeming subdivision of land, the processing of applications during this interim period would be detrimental to the effectuation of proposed standard amendments and contra^ to the purpose of the zoning enabling act. Minnesota Statutes 4S2.351. et sea. The City Council further finds that it would be unwise, improper, and unjust to allow individual development to occur ouring this study period and would allow discrimination and unfair advantage to a few to the detriment of the entire City. Therefore, the City Council finds it necessary and appropriate to adopt an Interim Ordinance ursuant to Minnesota Statutes 462.355, *T* Qfi^trictions on the pursue .Subd.4 SECTION 2. ________________ Granlifyi of Subdiviaion Aoplimtionit No land subdivision applications, except for those that already have received preliminaiy approval and for a subdivision appKcation of a property governed by a settlement agreement between me Cities of Long Lake and Orono. shall be granted for any purpose , that would berninconsistent with me applications as of the date of adoption of this Ordinance and to any subsequent applications. .- SECTION 3. Restricted' Area. The portion of the City of Orono that shall be subject to the restrictions of this Ordinance is all the land contained within the area desaibed as follows: ' - All properties within tfie City of Orono located wHhin 1,000 feet of me Ordinary High \Abter Mark of the following lakes: ' Lake Katrina Lake Classen Dickeys Lake Woisfeid Lake Lor^Lake Lydiard Lake Mooney Lake Hadley Lake ' Tanager Lake French Lake Forest Lake - I a. Lake Minnetonka and associated bays and All properties within the City of Orono '. located within 300 feet or the flood plain of the : following tributaries: . r •* ' Painters Creek (Sections 30. 31 T118N R23W) ' ‘Stubbs Bay Creek ” (Sections 32, 33 T118N R23W and Sections 4, 5 T117N R23W) ‘Dickey Lake Creek ” (Sections 27. 34 T118N R23W) • -.1 ‘Wolsfeld/Holy Name Creek ’ (Sections 26.27.35T118N fl»W) - Long Lake Creek (Sections 34 35 T118N R23Wand Sections 3,10 Til7N R23W) •Forest Lake Creek ” (Sections 8.7 Tl 7N R23W) - ... • ' SIiECTION 4. Duration. This ordinance shall be effective for a period of one year, unless the City Coundl determines that it is no longer required because me requisite studies have been completed and adopted and that appropriate evaluation and action, induding any necessary revisions of me Zoning Code, have been finalized..The duration of mis Ordinance may be extended by adoption of a subsequent ordinance, for a total additional period of eighteen months SECTION 5. Variances. The City Coundl may orant a variance to mis Ordinance if me City L^ndl finds after careful review of all the facts that a proposal is not contrary to me intent of the Comprehensive Plan, mat it is compatible wim the zoning and offidal control amendments being considered by me City, that it promotes me heaim, safety, and welfare of me dtizens, and that a failure to grant a variance would create a hardship for me applicant SECTION 6. Separability. Every section, provision, or part of mis Ordinance is declared separable from every other section, provision, or part and, if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part SECTION 7. Effective Date. This Ordinance is effective upon adoption by me City Coundl. Adopted by the City Coundl of me City of Orono on me 26m day of August 1991, by a vote of 4 ayes and 0 n^s. . • ATTEST: ’ •• Dorothy M. Hallin, City Clerk . Barbara A. Peterson. Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) The foregoing Instrument . was Tore m •I*... acknowledged before me on mis day August, 1991, by Barbara A. Peterson and Doioihy M. Hallin, Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and saio instrument was executed on behalf of the City. Notary Public ♦ ^ . (Published in The Laker and Pioneer Sept. 2, 1991) Afffdav state of Minnesota Bill Holm, being dul an authorized agen'. of the newspaper kn nesota, and has full I stated below: A.) The newspaper I ments constituting newspaper, as pre 331A.02, 331A.07, amended. B.) The printed. which is attached w newspaper, and was week for____ / It was first publis vJjthe J2J£r day i and was thereaft Monday, to and ii the day ( I vmNPti HE^ My oocr Subscribed and swo 'd day of_ I