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HomeMy WebLinkAboutOrd #026-3rd Ser/Interim re: Preliminary approvals , ORDINANCE NO. 26 , 3RD SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. 26, 3rd Series. SECTION 1. Statement of Policv. The City Council finds that the City is presently faced with the potential of applications for subdivision, rezoning, zoning (CUP/Variance), or PUD approvals for property within the Moratorium Area as defined in Section 2. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City's zoning and development goals. The Council, therefore, finds that it is necessary to study the impact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions. 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 study 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 guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications, zoning (CUP/Variance) applications, rezoning applications, or PUD for property within the Moratorium Area would be contrary 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. SECTION 2. Moratorium Area. As used in this Ordinance, Moratorium Area shall be defined as all real property zoned or used for commercial use adjacent to County Roads 15 and 19 within the Navarre commercial area in the City of Orono. SECTION 3. Studv The City Council requires its staff to initiate a study regarding the impact of development within the Moratorium Area under current ordinances to determine whether they fulfill the underlying purposes of the City's land use , and zoning provisions, and regarding the implications of the potential need for amendments to the City code to implement the results of that study. SECTION 4. Restrictions on the Grantin� of Preliminarv Subdivision Approval, Zoning� (CUP/Variance) Approval, Rezonin�, or PUD approvals No preliminary subdivision approval, Zoning (CUP/Variance) 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 repealed earlier if the Council determines that the requisite studies have been 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 exceed the statutory limits in Minn. Stat. 462.355, subdivision 4. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after 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 meets the requirements of the Orono City Code and state law. SECTION 7. Separabilitv. Every section, provision, or part of this 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 8. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. Adopted by the City Council of the City of Orono on this 25th day of July, 2005, by a vote of�_ayes and�_nays. ATTEST: ��2�!v ,�G� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Published the week of .7uly 30 , 2005 in the Laker/Pioneer newspapers.