HomeMy WebLinkAbout8.a. Amendment to Interim Ordinance (Moratorium) CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: Apri16, 1999
AGENDA ITEM: Amendment to Interim Ordinance (Moratorium) AGENDA SECTION:
Old Business
PREPARED BY: Dan Rogness, Community Development Director AGEND�� �� j�
11
ATTACHMENTS: Proposed Amendment to Ord. No. XXI.4 APPROVED BY: �('�
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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 HRA 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 XXXI.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, Piacing 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 4uide plan amendments to any land use categories which include
residential develQpment 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�' 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.
i
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 fiuther 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 aze 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 developrrient 3_ nd�n�
��dQ�'i r� p gLide nlan amen ments to any l�n_d Lce cateoories wlich include residential develo�will be
a considered,approved or granted by the city for any property in the city,and no building permits for
c�°`�Se 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;