4 • ►-�J/
Item #4.
city or
Elk -�-�
River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPherso Director of Planning
DATE: May 8, 2001
SUBJECT: Case No. OA 01-05,
Interim Ordinance: Townhome Development Moratorium
At its April 9th meeting,the City Council directed staff to draft an ordinance establishing a
• six month moratorium on townhome developments. The purpose of the moratorium is to
provide staff adequate time to draft a revised townhome ordinance, which will establish
standards for density,building materials,open space,pedestrian connections and building
setbacks. The City's current ordinance is outdated and does not adequately address the
issues included in most of the townhome developments designed today.
The Planning Commission is asked to conduct a public hearing regarding the interim
ordinance establishing a moratorium,which is attached to this memo. Staff anticipates that
comment will be received from several developers who are actively developing projects in
the City of Elk River.
Recommendation
Staff recommends that the Planning Commission recommend approval of the interim
ordinance establishing a moratorium on townhome developments to the City Council.
•
S:\PLANNING\MICHMC\PLREPRTS\OA01-05B.DOC
• ORDINANCE 01 -
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ordinance provisions regulating townhome developments is obsolete and requires a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
IIIdevelopments.
Section 3. Definition: Townhome developments shall mean any project
including one or more of the following items: with a density of more than four units
per acre, buildings containing dwelling units with common walls, open space held in
common ownership, private streets, or dwelling units organized in an association as
allowed under Minnesota Statue 515b.
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 or for which application has been 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 an interim
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.
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S:\PLANNING\ORDINANC\OA01-05.DOC
An application for waiver shall be filed on a form approved by the director of
III
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 4. 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 Elk River this day of
III
, 2001.
Stephanie Klinzing, Mayor
Attest:
Sandra A. Peine, City Clerk
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