ORD 01-007ORDINANCE 01 - 07
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE
ESTABLISHMENT OF TOWNHOME DEVELOPMENTS WITHIN THE CITY
OF ELK RIVER
CASE NO. 01-05
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose: Due to an increased market interest in the
establishment and construction of Townhome Developments the City's current
ordinance provisions regulating Townhome Developments are obsolete and require a
re-write. It is anticipated that the process to re-write the current ordinance will
take approximately 6 months.
.Section 2. Findings: The City Council of the City of Elk River finds that it
is necessary in order to protect the integrity of the City's zoning ordinance, the
balance of housing types in the City, and the health, safety and welfare of the
citizens of Elk River, to declare a moratorium on the approval of Townhome
Developments within the City of Elk River until the City has completed the process
of updating the City's Zoning ordinance provisions regulating Townhome
Developments.
Section 3. Definition: Townhome Developments shall mean any project
including one or more of the following items: a density of more than four units per
acre, buildings containing dwelling units with common walls, open space held in
common ownership in zoning districts other than A-1 or Rl-a, private streets, or
dwelling units organized in an association as allowed under Minnesota Statue 515b
in zoning districts other than A-1 or Rl-a.
Section 4. Moratorium Declared: During the term of this ordinance and
any extensions thereof, a moratorium is hereby imposed within the City of Elk River
on the approval of Townhome Developments within the City of Elk River. During
the term of this moratorium, the City will not accept an application for or consider
any approval required by the Zoning Ordinance for the development of Townhome
Developments. This moratorium does not apply to Townhome Developments, which
have been approved by or for which application was made prior to April 16, 2001.
Section 5. Waiver of Restrictions: In cases of hardship, any person having
a legal or equitable interest in land and aggrieved by the requirements of this
ordinance may apply to the City Council for a waiver of all or a portion of the
applicable restrictions. A waiver may be granted where the City Council finds
substantial hardship caused by the restrictions and finds that the waiver will not
unduly affect the integrity of the planning process or the purposes for which the
interim ordinance is enacted.
S:\PLANNING\O~C\OA01-05.DOC
An application for waiver shall be filed on a form approved by the director of
planning.
The director of planning shall prepare a report and recommendation and
shall forward the request to the Planning Commission who shall conduct a public
hearing on the request. Not less than ten (10) days before the public hearing, the
director of planning shall mail notice of the time, place, and purpose of the hearing
to property owners within three hundred and fifty (350) feet of the subject property.
The failure to give mailed notice to individual property owners, or defects in the
notice, shall not invalidate the proceedings provided a bona fide attempt to comply
with this subdivision has been made. Following the public hearing, the Planning
Commission shall forward its recommendation to the City Council for final action.
The City Council may impose such conditions and require such guarantees
related to the grant of waiver as it deems reasonable and necessary to protect the
public interest and to ensure compliance with the standards and purposes of this
zoning ordinance and policies of the comprehensive plan.
Section 6. Term: This ordinance shall be effective upon publication as
provided by law and shall terminate 180 days thereafter unless earlier terminated
or extended by action of the City Council. It is the intent of the City Council that
this ordinance shall be in effect only until the City has completed re-writing its
townhome ordinance.
Passed and adopted by the City Council of the City of~lk R~this 21st day of
M ay, 2001. ~~~~
~t~pl~a[~ie Klinzing, l~ia-yor~' ~
JSan~dra A. Peine, City Clerk
s:\document\ordinancekoa97-1.doc
Affidavit of Publication
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Section 1. Purpose: Due to an
increa~ed market interest i!l the
'Of
hi
s."P,
equi-
In and and
e 'reqllirep:1!'lJlts of
may apply to the
City .Counc waiver of all or a
portion pf e applicable restric-
tions. A waiver may be granted
where the City Council finds sub:.
stantial hardship caused' by the
restrictions andfi~ds that the
waiver will not '\illduly affect the
integrity of the PIauning process or
the pUrposes fpi' which the inte~m
ordinance ill enacted. .
An application for waiver shall ~e
fi~ed on a' form> approv~d b!. the
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
[ \'\7\1lbet1-J
t-\ c," V, \ ~~
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
33IA.07, and oth.er applicable la~s, as amen~ed. n
B) The pnnted Ov-c:U no (let ()\- 0
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for \ successive weeks; it was first published
. 1." ~
on Wednesday, the lJ - day of " }l A/Y\..L "
20 CJ \ , and was thereafter printed and published every
Wednesday to and including Wednesq~y, the
day of ,20 ; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
a bc d efghij k I m no p qrs tuvwxyz
BY, Uza1e~~
TITLE: Coy e he, y- G\.. \ r 0Jn Cl~ e ~
l -(h
_ P - day of
~ ~ JY1f7
N"';~ ~c(J
RATE INFORMATION
(3) Rate actually charged for the
above matter
$ llo<6.6\
$J l 0 ~ ' 5 )
Section Tllrm: This ordinance
: shall bee " II upQJl.publication
as provided 'by law and shalHermi-
natll 180 day unless
earlier ,te ded by
action of t Ounel . tis the
intent of the City' Council that this
~~1~athC: c~~lh~:~~~;:i;d o~~
writing its towp,home ordinllrtiie .
'Pass?d and " ,by"the City
Coull-cll of the C lk ~iverthis
21st day of May, \':, ,'.',
tephanie Klinzing
. ' Mayor
Att,est:. ' ." .', .
, Sandra A. Peine, City Clerk,
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