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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 v 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. CLL- 238083v1 1 RS215 -3 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. CLL- 238083v1 2 RS215 -3 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. CLL- 238083v1 RS215 -3 3 A