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HomeMy WebLinkAbout8.b. Interim Ordinance for Properties in the US 52/CR 42. 2010 MUSA AreaCITY OF R©SEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: November 3, 2004. AGENDA ITEM:. Interim Ordinance for propert ies in the AGENDA SECTION: NEW US 52 /County Road 42, 2010 MUSA ISSUE The Council is asked to consider adopting a moratorium for the areas within the 2010 MUSA along U. S. Highway 52 and CSAH 42. The moratorium is intended to prohibit new properties being developed or redeveloped, building expansions or enlargements, establishment of new uses, expansion of existing uses, or site plan approvals, rezonings, plattings or replattings, planned unit development, land divisions or consolidations, special use permits, or building permits. The moratorium is scheduled to expire on November 1, 2005 at the end of one year, unless it is amended, extended, or repealed by Council. BACKGROUND The 42/52 Corridor Study group has been meeting since July. They have ,discussed land use from the Akron Avenue area to Highway 52, and are now focusing on the east side of Highway 52. It is anticipated that land use recommendations leading up to proposed Comprehensive Plan amendments, zoning text amendments and rezonings will result from these discussions. In the mean time, staff continues to receive inquiries for land that would be used for General Industrial types of uses within the proposed moratorium area. Because the 42/52 study will impact the location and ability of certain uses to be sited within the community, staff is recommending a moratorium for one year. This will allow the planning process to continue, unfettered, to permit ample discussion and public input. Letters have been sent to all affected property owners to insure they are aware of the proposed moratorium. As of this writing, staff has not received any calls from the neighborhood. Business. area. PREPARED BY: Rick Pearson, City Planner. A AGEqli�W" 8 ATTACHMENTS: Draft Ordinance, MUSA area map, Letter. A APPROVED BY: RECOMMENDED ACTION: Motion to adopt the draft Ordinance for protecting the planning process and the health, safety and welfare of the residents of the city, placing a moratorium on development in certain areas of the City of Rosemount. ACTION: ies in the AGENDA SECTION: NEW US 52 /County Road 42, 2010 MUSA ISSUE The Council is asked to consider adopting a moratorium for the areas within the 2010 MUSA along U. S. Highway 52 and CSAH 42. The moratorium is intended to prohibit new properties being developed or redeveloped, building expansions or enlargements, establishment of new uses, expansion of existing uses, or site plan approvals, rezonings, plattings or replattings, planned unit development, land divisions or consolidations, special use permits, or building permits. The moratorium is scheduled to expire on November 1, 2005 at the end of one year, unless it is amended, extended, or repealed by Council. BACKGROUND The 42/52 Corridor Study group has been meeting since July. They have ,discussed land use from the Akron Avenue area to Highway 52, and are now focusing on the east side of Highway 52. It is anticipated that land use recommendations leading up to proposed Comprehensive Plan amendments, zoning text amendments and rezonings will result from these discussions. In the mean time, staff continues to receive inquiries for land that would be used for General Industrial types of uses within the proposed moratorium area. Because the 42/52 study will impact the location and ability of certain uses to be sited within the community, staff is recommending a moratorium for one year. This will allow the planning process to continue, unfettered, to permit ample discussion and public input. Letters have been sent to all affected property owners to insure they are aware of the proposed moratorium. As of this writing, staff has not received any calls from the neighborhood. RECOMMENDATION Staff recommends that the moratorium be adopted. Staff will continue to update the Council on the progress of the planning study. If changes to the land use plan and zoning ordinance can be made in a timely manner, the moratorium time period could be reduced. 2 a ORDINANCE NO. AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, PLACING A MORATORIUM ON DEVELOPMENT IN CERTAIN AREAS OF THE CITY OF ROSEMOUNT THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Background 1.01. Certain improvements related to the anticipated reconstruction of the interchange between Dakota County Highway 42 with U. S. Highway 52, and highway improvements that result in intersection spacing locations requiring design of a supporting local street system in order to provide access to adjacent areas currently occupied by agricultural or industrial uses, resulting in vacant highly visible sites that have become an important gateway into the City of Rosemount, and the Council is committed to ensuring that they will redevelop as their highest and best use. 1.02. These areas include properties that are vacant or underutilized, suffer from inefficient lot layout or have direct driveway access to Dakota County Road 42 which is inconsistent with County access standards, are occupied by newly visible aesthetically displeasing uses, or the anticipated future traffic generation will require intersection and local street improvements. Certain properties are used or zoned for uses that are not compatible with the use or zoning of adjacent or nearby properties or may not be compatible with the zoning of adjacent or nearby properties after the City has reviewed and amended its comprehensive plan and official controls. 1.03. In connection with consideration of planning for the development and redevelopment of this area, the Council has determined that current land use controls do not adequately address the land use concerns noted above. 1.04. Therefore the Council has determined that there is a need for further studies and hearings to be conducted so that the City may adopt such amendments to its comprehensive plan and official controls as are deemed necessary or expedient to ensure protection of the public, health, safety and welfare. The Council has directed that such studies be undertaken and that such hearings be conducted and completed. 1.05. The Council has further determined that there is a need for an interim ordinance to be adopted pursuant to Minnesota Statues, Section 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City, and ensuring that the City and its citizens retain the benefits of, and the protection sought to be afforded by, the City's comprehensive plan and official controls until the study process is complete and any modifications to the City's comprehensive plan and official controls become effective. Section 2. Properties Subject to Moratorium CLL- 238083v 1 1 RS215 -3 2.01. Properties subject to the provisions of this moratorium include the properties delineated on the attached map, which is made a part of this ordinance. Section 3. Prohibition 3.01. Except as provided in Section 4, during the period this interim ordinance is in effect, the use and development of properties subject to the moratorium shall be subject to the following limitations: a) no properties may be developed or redeveloped; b) no buildings may be expanded or enlarged; C) no new uses may be established; d) no existing uses may be expanded or enlarged to occupy a greater area of land or area within a structure; and e) no site plan approvals, rezonings, plattings or replattings, planned unit development, land divisions or consolidations, special use permits, or building permits will be considered, approved or granted by the city. Section 4. Exception 4.01. This ordinance shall not apply to: a) issuance of building permits for projects that do not involve the establishment or enlargement of a use or the expansion or enlargement of a structure ; or b) final plats or subdivision approvals that have received preliminary plat approval prior to the effective date of this ordinance, provided all conditions of preliminary plat approval have been satisfied. Section 5. Effect on Pending Applications 5.01. All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes, Section 15.99. The City Administrator shall cause notification of such denial to be given to all applicants citing the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications shall be returned or refunded to the applicant. Section 6. Effective and Termination Dates 6.01. This ordinance shall be effective on the date following its publication. CLL- 238083v 1 2 RS215 -3 6.02. November 1, City Council. This ordinance shall be repealed without further action by the City Council on 2005, unless earlier amended, repealed or extended by ordinance duly adopted by the William H. Droste, Mayor ATTEST: Lisa Jentink, City Clerk CLL- 238083v1 3 RS215 -3 HIGHWAY 42 -52 MUSA LAND USE STUDY AREA LEGEND Moratorium Area 2020 Musa Line 2010 Musa Line Wei N W+ E S OCT. 2004 October 20, 2004 «Name» Dear «Sal»: This letter is being sent to property owners near the intersection of County Road 42 and U.S. 52 and within the current Metropolitan Urban Service Area (MUSA). This area is included in the 42/52 Study that is presently being conducted by the City of Rosemount. The 42/52 study group, consisting of representatives of the City Council, Planning Commission and east side property owners have been evaluating current and future land uses in the area. Recommendations from this group will be presented to the public for discussion and ultimately to the Planning Commission and the City Council. It is expected that there will be Comprehensive Plan Amendments to various properties, recognizing the long term land use for the site. The Comprehensive Plan Amendments will prompt rezoning of various parcels of land consistent with the Comprehensive Plan Amendments. As an interim measure, the City Council will consider a temporary ordinance that will restrict new building permits and land subdivisions until the land use planning process is complete. This ordinance will be considered on the November 3, 2004 City Council meeting agenda. The meeting starts at 7:30 p.m. and will be held in the Council chambers at City Hall, 2875 145 Street West. If you have any questions, I can be reached at 651- 322 -2052 or you may contact Kim Lindquist at 651- 322 -2020. Sincerely, Rick Pearson City Planner cc: Mayor Droste and Council Members