HomeMy WebLinkAbout8.b. Interim Ordinance (Moratorium) for Downtown Redevelopment AreaCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCII. MEETING DATE: OCTOBER 7, 2443
AGENDA SECTION:
NEW BUSINESS
AGENDA
APPROVED
The City of Rosemount has b a serious planning effort to consider options for the future redevelopment and
revitalization of the downtown area. As the Downtown Redevelopment Committee begins its study, there is
inevitably going to be continued interest by current and prospective property owners in the downtown area to
develop new uses or expand existing uses. - New and expanded uses may be inconsistent with the ultimate
recommendations and ply for future revitalization. It is in the City's best interests to minimize development
interest that may conflict with future plans.
One tool available to cities in this respect is adoption of an interim ordinance, or moratorium, to prohibit
development or redevelopment that may not serve the long -term goals of the community. Staff has asked the
City Attorney to prepare language for an interim ordinance that could be considered by the City Council to
protect the land use study and planning process. The recommendation of staff in regards to the interim
ordinance is that it onlybe in place during the period in which the Downtown Redevelopment Committee is
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onducting its study and planning. It is anticipated that the schedule for the committee's work should be
substantially completed by late spring of 2004. For that reason, the interim ordinance is recommended through
.April 30, 2004.
The ordinance, a=s'drafted, would prohibit new development or substantial expansion of existing uses.
Becam tfie months are approaching, when there is generally a lack of new construction starts, it is hoped
that the interim ordinance would not create undue hardship on current or prospective business and residential
RECOMMENDED ACTION: MOTION TO ADOPT 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 THROUGH APRIL 30, 20 4.
COUNCIL AC'T'ION:
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. The City's downtown and adjacent areas have played a central role in the history and
social fabric of the City and in its economic vitality, and the Council is committed to ensuring that
they will continue to do so.
1.02. These areas include properties that are vacant or underutilized, suffer from
inefficient lot layout or are occupied by nonconforming uses. 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
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.
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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 maybe 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.
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6.02. This ordinance shall be repealed without further action by the City Council on May
1, 2003, unless earlier amended, repealed or extended by ordinance duly adopted by the City
Council.
ATTEST:
Lisa Jentink, City Clerk
William H. Droste, Mayor
Published this day of , 2003, in the Rosemount Town Pages.
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