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Home My WebLink About7.a. Amendment to Interim Ordinance (Moratorium on Residential Building) CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: March 16, 1999 AGENDA ITEM: Amendment to Interim Ordinance (Moratorium) AGENDA SECTION: Old PREPARED BY: Dan Rogness, Community Development Director AGEN�� ' � ATTACHMENTS: Proposed Amendment to Ord.No. XXI.4 APPROVED BY: City staff realized that the approved moratorium on residential development(approved by the City Council on 2/23/99) did not address the status of applications for amending the city's comprehensive plan. One such application is pending related to the proposed PUD from Dakota County HR.A and M&H for housing on Biscayne Avenue. Staff believes that the primary intent of the moratorium was to allow the draft 2020 Comprehensive Plan the necessary time to be reviewed by the Met Council and adopted by the City Council. As a result, it would not be prudent to review and act upon applications for amending the comprehensive plan during the moratorium. Therefore, language has been added to the previously adopted ordinance to clarify this issue. RECOMMENDED ACTION: MOTION to Adopt an Ordinance Amending Ordinance XX��I.4, "An Ordinance for Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, Placing a Moratorium on Residential Development in the City of Rosemount." COUNCIL ACTION: CITY OF ROSEMOUNT ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE XXI.4 "An Ordinance for Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, Placing a Moratorium on Residential Development in the City of Rosemount" THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: �ECTION 1. Section 3.02 of An Ordinance for Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, Placing a Moratorium on Residential Development in the City of Rosemount, adopted February 23, 1999, is hereby amended to include: 3.02. Except as provided in Section 4, during the period this interim ordinance is in effect, no rezonings to any zoning classification (except for RR) allowing residential development and no guide �lan amendments to any land use categories which include residential development will be considered, approved or granted by the city for any property in the city, and no building permits for residential development will be issued for any property zoned BP-4 in the city. SECTION 2. This ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED this 16�h day of March, 1999. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1999. ORDINANCE NO. XXI.4 1.07. In connection with consideration of a proposal for development of the Kelley Trust property and an application for planned unit development concept approval, and with consideration of amendments to the city's comprehensive plan, the city council has reviewed the existing and potential development in the city.As a result of that process,the council has determined that current land use controls do not adequately address the various land use concerns described above. 1.08. Therefore the council has determined that there is a need for further studies and hearings to be conducted as part of the state mandated comprehensive plan review process so that the city may adopt such amendments to its comprehensive plan and zoning code 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. 1.09. Due to the pendency of an application for concept approval for a planned unit development which may not be consistent with future amendments to the comprehensive plan and official controls and the potential for other such development, the council has 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 zoning ordinances until the study process is complete and any modifications to the city's comprehensive plan and zoning ordinance become effective. Section 2. Properties Subject to Moratorium. 2.01. Properties subject to the provisions of Section 3.01 of this ordinance include all properties in the city with the zoning designations RL, R-1,R-3, R-3 and R-4. 2.02. Properties subject to the provisions of Section 3.02 of this ordinance include all properties in the city. Section 3. Prohibition. 3.01. Except as provided in Section 4, during the period this interim ordinance is in effect, no properties described in paragraph 2.01 may be developed, or redeveloped and no site plan approvals, rezonings,preliminary or final plattings or replattings,planned unit development, land divisions or consolidations, or building permits for residential development will be considered, approved or granted by the city. 3.02. Except as provided in Section 4, during the period this interim ordinance is in effect, no �d� rezonings to any zoning classification (except for RR) allowing residential development_and_nQ I�nd e��i hCc� � 'Lide nlan amendments to an�l nd� use categories which include residential develonment will be clq.�s� considered, approved or granted by the city for any property in the city, and no building permits for residential development will be issued for any property zoned BP-4 in the city. Section 4. Exception. 4.01. Section 3.01 of this ordinance shall not apply to: a) developments or redevelopments which have secured all necessary approvals other than building permits;