10-10-2005 Council Packet - Laserfiche WebLink

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ORDINANCE NO. 26 ,3RD SERIES INTERIM ORDINANCE FURSVANT TO MINNESOTA STATUTES SECTION 4S3.3SS, SUBDIVISION 4, TO ESTABUSH A MORATORIUM FROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUPA^ARIANCE) APPROVAL, REZONING, OR PUD APPROVAL %VIT11IN THE MORATORIUM AREA AS DEFINED HEREIN. THE crrv OF ORONO ORDAINS: The Mitnici|»al Coda of the City of Ocono it amended by adding Ordinance No. 26. 3rd Series. SECTION 1. Pnlicv. The City Coundl Ends that the City is presently laced with the potmtial of applications for subdivision, icsoning. sootng (CUPAfarimee). or FUD approvals ibr property within the Moratorium Area as defined iaSeccioo2. It ippm to the CotJDdl Ibti the consequRictt of allowing such applications to be approved may be undesirabk became the current ordinances may not be consistant with tht Qt/s Booing and devtIopciMot foab. Tht Council, therefore, finds that it is necesiry 10 stady the impact of developmcni undsr ament ordinances to determine whether they folJUl the underlying purpoaea of the Cit/a land use and Boning proviriona. The Council Anther finda that if, u a result of this atudy, the land use controls and soning proviiiona contained in the Dty code need to be revised, such revision is a process that caimoi be accomplished until a study has been complatad and a hearing held. During thii p^od, it ta desirable that the Council estabUah guidelines for the benefit of those who wish to develop property in order to bring about savings of public nd private expenditures and to provide the public guides to fliture City action. Since of gn amendment to the code would undoubtedly modiiy exiacing rcfulatioos concealing pconitted land use and soning performance standarda, the panting of preliminary approval of subdivision applicstiona. soning (CUPA^ariance) apphcaiioos, rcBOoing Bpplkationa, or PUD for property within the MorHorium Area would be contrary to the purpoee of the soning cnebltng act, Minneaota Slaluies Section 462JSI, el aeq. The Council forther finds that it would be unwise, improper and urnuit to all^ individoal development to occur during thia atudy. SECTION 2. Mniaiorium Aioa. As uaod in this Ordinance, Moratorium Area shill bo defined as all real propaity soned or used for cominercsal use ad/aoint to County Roods 1S and 19 within the Navatro commercial area in the City of Orono SECTIONS. SmdL *fbe City Coundl roquiret iu staff to iiutiate a study regarding the impact of developmaol within the Moratorium Area uoder current ordinances to deimitne whether they Ailfill the underlying puipoim of the Qiyb land uio %% and soning provisions, and reganlmg the implications of the potential need for wnendments to the City code lo implement the results of that study. SECTION 4. Restrictions on the Grantine of Preliminary Subdi Zonma fCUPAfaiianocl Approval. Reyoning- 9f PUP approvals No preliminary subdivision approval. Zoning (CUPA^anance) approval. Rezoning, or PUD approval, shall be given by the Council for any property within the Moratorium Area. SECTION 5. Duration. This Ordinance shall expire within twelve (12) months of the passage of this Ordinance by the City Council, without Council action, or it may be repeal^ earlier if the Council determines that the requisite studies have bem completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total time period not to e.xceed the statutory limits in Minn. Stat. 462.355, subdivision 4. SECTION 6. Viriancci. The Council may grant a variance to this Ordinance if the Council finds afier careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meett the requifemenla of the Orono City Code and state law. SECTION 7. ScparabilitY. Every section, proviiioii. or part of this Odinance is declared separable from every other section, provision or pari; and if any section, proviaion, or part thereof or action taken hereunda shall be held invalid, it shall not affect any other section, provision, or pan. SECTION 8. Publication, This Ordinance iball be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono OB fids 25th day of July, 2005, by a vote of 5 aves and O nays. ATTEST: Linda S Vee, City Omk Baibara A. Petersoa, Mayor Pubtiahed the week of juiv 30 2005 in die Laker/Pioncer newapapefi.