HomeMy WebLinkAboutOrd #007-3rd Ser/Subd moratorium , `
ORDINANCE NO. 7,3RD SERIES
INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION
462.355, SUBDNISION 4, TO ESTABLISH A MOR.ATORiUM PROHIBITING THE
GRANTING OF PRELIMINARY SUBDIVISION APPROVAL, ZONIlVG
(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. 7, 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 (CUPNariance) 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 the Ordinance, Moratorium Area
shall be defined as all real property within the City of Orono which has allowed densities
of two residential dwelling units per acre or greater, with the exception of the property
within the plat of StoneBay.
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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 Granting of Preliminarv Subdivision Approval,
Zoning (CUPNariance� Approval, Rezoning, or PUD approvals No preliminary
subdivision approval, Zoning (CUPNariance) 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 six 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 of 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. SeparabilitY 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 12t" day of April, 2004,
by a vote of 4 ayes and 0 nays.
ATTEST:
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Linda S. Vee, City Clerk Barbara Peterson, Mayor
Published in the Laker/Pioneer newspapers the week of May 15, 2004.
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