Item 5.7 • Item # 5.7.
City of
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MEMORANDUM
TO: Planning Commission
FROM: Michele McPherso , Director of Planning
DATE: November 26, 2002
SUBJECT: Consider Interim Ordinance Establishing a Moratorium on
Land Use Request— Highway 169 and Main Street
Attachments
• Location Map
III
• Interim Ordinance
Attached please find for your consideration a draft interim ordinance establishing a
moratorium on land use requests for the property bounded by Highway 169 on the west,
Main Street on the north,Line Avenue/County Road 13 on the east,and Main Street on the
south.
The City Council tabled the request to rezone the Ron's Foods site from R4 Multiple Family
Residential to C3 Highway Business, and directed the Planning Commission and the
Comprehensive Plan Update Task Force to review the above-described area for possible
future zone change and land use amendments. In order to accomplish this without conflict,
the City Council is suggesting a 180 day moratorium on land use requests to allow for a more
detailed study of this area. If the Planning Commission agrees, it should recommend
approval of the interim ordinance to the City Council.
•
S:\PLANNING\Cue Files\ZC 02-08 Ron's Foods Prop\Moratorium memo PC.doc
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RiverCase Number: RONS FOOD AREA
D
AFT
• ORDINANCE
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE LAND USE
APPLICATIONS WITHIN A CERTAIN AREA OF THE CITY OF ELK RIVER
CASE NO. 02-08
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose: The area defined in Section 5 below is experiencing change from
neighboring properties. Two parcels are vacant,and nearby property has undergone redevelopment.
A land use request that could impact adjacent properties has been received. The area in question
requires further study to determine the appropriate future land use and zoning. It is anticipated that
the study 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 and that of the planning process,to
implement a moratorium on land use applications within the area defined in Section 5 below. The
area defined will be studied by the Planning Commission and the Comprehensive Plan Update Task
Force in order to determine the most appropriate land use and zoning standards.
Section 3. Definition: Land Use Applications shall include those applications
requiring Planning Commission and/or City Council review and approval such as,but not limited to
zone changes, land use amendments, plats, variances, or conditional use permits.
• 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
land use applications. During the term of this moratorium,the City will not accept land use
applications.
Section 5. Area Affected by Moratorium: The area to be studied is bounded by Main
Street on the south,Highway 169 on the west,5th Street NW on the north,and Line Avenue/County
Road 13 on the east.
Section 6. 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.
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.
S:\PLANNING\Cue Files\ZC 02-08 Ron's Foods Prop\Draft Ordinance.DOC
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 the study.
Passed and adopted by the City Council of the City of Elk River this day of
, 2001.
Stephanie Klinzing, Mayor
Attest:
Sandra A. Peine, City Clerk
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