7.15. SR 01-23-1995
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ITEM 7.15.
MEMORANDUM
River TO:
Mayor & City Council
FROM: Steven B. Ach, City Plann~
DATE: January 23,1995
SUBJECT: Consider Moratorium on All New Multi-family
Construction
Request
One of the major concerns of the Steering Committee is multi-family developments
within the community. At previous Steering Committee meetings, areas have been
identified that are presently zoned for multi-family (three units ormore) development.
This has caused alarm with the Steering Committee; therefore, the committee is
requesting a moratorium on all new multi-family development be adopted until update of
the Comprehensive Plan in completed.
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A moratorium is established by ordinance which requires a public hearing before the
Planning Commission and City Council. The next opportunity to bring this item before
the Planning Commission will be February 28 and Council action some time in March
(regular meeting March 20). While this moratorium is being processed through the
appropriate channels, the City Council may pass a resolution authorizing "no planning
applications or building permits be accepted for multi-family development until the
moratorium is acted upon by the City Council." Peter Beck has prepared the attached
resolution for City Council consideration.
Recommendation
A. Consider Resolution 95-_; and,
B. Direct staff to proceed with an ordinance amendment establishing a six month
moratorium on all multi-family construction. (Note: this moratorium would not
apply to those projects that have been approved by the City Council and/or
currently under construction.)
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s/council:moratori
13065 Orono Parkway · PO. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
CITY OF ELK RIVER
CITY COUNCIL
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RESOLUTION NO. 95 -
A RESOLUTION ORDERING A PUBLIC HEARING ON A PROPOSED
MORATORIUM ON MULTI-FAMILY DWELLINGS AND DIRECTING THAT NO
PERMITS OR APPROVALS BE GRANTED PENDING THE PUBLIC HEARING
WHEREAS, the City Council has established a steering committee to
review the City's existing Comprehensive Plan and
recommend revisions thereto; and
WHEREAS, the steering committee has been meeting for a number of
months and has identified a number of issues for further
study; and
WHEREAS, one of the issues which the steering committee will study
further is the appropriate location of and zoning controls
for multiple family dwelling developments; and
WHEREAS, the steering committee has recommended that the City
Council impose a moratorium on the approval or
construction of multiple family dwellings within the City
of Elk River until the steering committee has concluded
its work, the Comprehensive Plan has been updated, and the
City has adopted the appropriate official controls to
implement the updated Plan; and
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WHEREAS, the City Council has considered this recommendation and
the advice of its staff;
NOW, THEREFORE, the City Council of the City of Elk River,
Minnesota, finds and resolves as follows:
1. City Council finds that it is in the best interests
of the citizens of Elk River to consider a moratorium
on the construction or development of multiple family
dwellings as recommended by the steering committee.
2. The City Council further finds that it is necessary
to protect the integrity of the planning process
which the steering committee is engaged in to
restrict the development of multiple family dwellings
until the City Council can hold a public hearing and
act on the proposed moratorium ordinance.
3. Therefore, the City Council resolves and directs as
follows:
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City staff is directed to schedule public
hearings on the proposed moratorium ordinance
attached as Exhibit A to this Resolution for the
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Planning Commission's February meeting and the
City Council's third meeting in March.
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City staff is directed not to accept any
applications for any approval required by the
Zoning Ordinance for the development of multiple
family dwellings, nor to accept any applications
for or issue any building permits for
construction of multiple family dwellings, until
the City Council has completed its public
hearing on the proposed moratorium resolution.
Passed and adopted by the City Council of the City of Elk River,
Minnesota, this 23rd day of January, 1995.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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EXHIBIT A
ORDINANCE 95 -
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE
CONSTRUCTION OF MULTIPLE FAMILY DWELLINGS WITHIN
THE CITY OF ELK RIVER
The City Council of the City of Elk River does hereby
ordain as follows:
Section 1. Purpose. The City Council has recently
commenced the process of updating the City of Elk River
Comprehensive Plan. It is anticipated that this process will
take approximately one (1) year. One of the major issues that
will be discussed during this process is the appropriate
location of and zoning controls for multiple family dwelling
developments.
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 comprehensive planning process and the health,
safety and welfare of the citizens of Elk River, to declare a
moratorium on the approval or construction of multiple family
dwellings within the City of Elk River until the City has
completed the process of updating the City of Elk River
Comprehensive Plan and has adopted the appropriate official
controls to implement the updated Plan.
Section 3. 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 development or
construction of all Multiple Family Dwellings as defined in the
City of Elk River Zoning Ordinance. 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 multiple family dwellings, and will not accept
an application for or issue any building permits for
construction of multiple family dwellings. This moratorium
does not apply to buildings for which a valid building permit
was issued prior to January 23, 1995.
Section 3. Term. This ordinance shall be effective upon
publication as provided by law, and shall terminate 365 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
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It
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completed the process of updating its Comprehensive Plan and
has adopted the appropriate official controls to implement the
updated Plan.
Passed and adopted by the City Council of the City of Elk
River, this ____ day of
, 1995.
Henry A. Duitsman, Mayor
Attest:
Sandra Thackeray, City Clerk
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