09-11-1995 Council Packet - Laserfiche WebLink

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ORDINANCE #, 2ND SERIES AN ORDINANCE TO EXTEND THE MORATORIUM ESTABLISHED IN ORDINANCE #138, 2ND SERIES, PROHIBITING THE GIUUNTLNG OF PRELIMINARY SUBDIVISION APPROVAL OR OTHER PERMITS AND APPROVAL FOR PRIVATE DRIVEWAYS WHICH SERVE THREE OR MORE RESIDENCES. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. . 2nd Series. SECTION 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for private driveways which serve three or more residences. Such applications may arise in the context of new development or of rearrangements of existing developments. It appears to the Council that the consequences of allowing such private drives may be undesirable, and may generate funire problems for the safety and welfare of the City residents. The Council, therefore, finds that it is necessary to study the impact of applications under Zoning codes Section 10.02; 10.03. subd. 8; and 10.60, subd. 16; and of applications which may also implicate the City’s Subdivision Code Sections 11.03; 11.10; 11.32; and 11.33 that would allow such roads. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the city code need to be revised, such revision is a process that cannot be accomplished until a studv has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to develop property in order to bring about savings of public and private expenditures and to provide the public cuidelines to future City action. Since enactment of an amendment to the code would undoubtedly modifv existing regulations concerning permitted land use and zoning pertormance standards, the granting of preliminarv ’ approval of subdivision applications or other permits for private drivew-ays serving three or more residences would be contrarv ’ to the purpose of the zoning enabling act. Minnesota Statutes Section 462.351, et seq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. Therefore, the Council ’s authority to grant preliminary approval to subdivision applications and for private roads and driveways outside of the subdivision context shall not be exercised during the limited terms of this Ordinance, except as provided in Section 5. SECTION 2. Study. The City Council on July 24, 1995 adopted Ordinance #158. 2nd *^'-ries which initiated a study regarding the implication of its current ordinances governi ’i- 'i\s rt driveways to serve three or more residences and the potential need for amendmci.iN .o rhe city code to implement the results of that study. This study is currently underway but has not been completed. Page 1 of 2