ORD 02-017ORDINANCE 02-17
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. OA 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.
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, 5m Street NW on the north, and Line Avenue/County
Road 13 on the east.
Section 6. Waiver of Restrictions: In cases of undue 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 undue hardship, as defined in Minnesota Statutes Section
462.357 Subd. 6(2), 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 050) 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 the zoning ordinance and the policies of the
comprehensive plan.
Section 7. 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 ,2002.
Daniel P. Tveite, Acting Mayor
Attest:
Sandra A. Peine, City Clerk
. ..
Affidavit of Publication
IIISTATE OF MINNESOTA )
)ss.
ORDINANCE 02-17 COUNTY OF SHERBURNE)
CITY OF ELK RIVER.
AN INTERIM ORDINANCE C l'adtbe.,-0\ ; '
ESTABLISHING A MORATORI- G \Awry-
1
UM ON THE LAND USE APPLI-
CATIONS WITHIN A CERTAIN being duly sworn, on oath says that he/she is the publisher
AREA OF THE CITY OF ELK
RIVER • or authorized agent and employee of the publisher of the
CASE NO.OA 02-08
The City Council of the City of newspaper known as the Elk River Star News, and has full
Elk follows:ver does hereby ordain as knowledge of the facts which are stated below:
Section 1. Purpose: The area A) The newspaper has complied with all the
defined in Section 5 below is expe-
riencing change from neighboring requirements constituting qualification as a qualified
properties.Two parcels are vacant,
and nearby property has under- newspaper, as provided by Minnesota Statute 331A.02,
gone redevelopment.equire further area in 331A.07, and other applicable laws, as amended.
question requires further study to
determine the appropriate future B) The printed 0.a-11
land use and zoning. It is antici-
pated that the study will take
approximately 6 months.
Section 2. Findings: The City which is attached was cut from the columns of said
Council of the City of Elk River
newspaper, and was printed and published once each
finds that it is necessary in order P P
to protect the integrity of the
City s zoning ordinance and that of week, for r successive weeks; it was first published
the planning process, to imple- on Wednesday, the ot.�j�' day of ,�,yn b e Y ,
ment a moratorium on land use
applications within the area 20 Off., and was thereafter printed and published every
defined in Section 5 below. The
III area defined will be studied by the Wednesday to and including Wednesday, the
Planning Commission and the day of , 20 ; and printed below
Comprehensive Plan Update Task
Force in order to determine the is a copy of the lower case alphabet from A to Z, both
most appropriate land use and
zoning standards. inclusive, which is hereby acknowledged as being the size
Section 3. Definition: Land Use
Applications shall include those and kind of type used in the composition and publication
applications requiring Planning of the notice.
Commission and/or City Council
review and approval such as, but
not limited to zone changes, land
use amendments,plats,variances, a b c d e f g h i j k 1 m n o p g r s t u v w x y z
or conditional use permits.
Section 4.Moratorium Declared:
During the term of this ordinance BY:
and any extensions thereof, a
moratorium is hereby imposed TITLE: C t n't X C A A \r\(\CvnG.T r
within the City of Elk River on the
approval of land use applications.
During the term of this moratori- X Q day of
urn, the City will not accept land Subscribed and sworn to before me on this
use coon ations: m b�� , 20 .
Section 5. Area Affected by 1-)(1.-
`
Moratorium:The area to be stud-
ied is bounded by Main Street on ^ z,
the south, Highway 169 on the V V
west,5th Street NW on the north, ■
and Line Avenue/County Road 13 Notary Public
on the east. )t 1rn,n1 MlN w
Section 6.Waiver of Restrictions: ; , ARY p V`'Hl SKl
In cases of undue hardship, any RATE INFORMATI y b My comm./
omm , McNNESori
person having a legal or equitable pyre'Cana 31,2005
interest in land and aggrieved by (1) Lowest classified rate paid by
the requirements of this ordinance ( 3 r'
may apply to the City Council for a commercial users for comparable space $ '`
• waiver of all or a portion of the
applicable restrictions. A waiver (2) Maximum rate allowed by law for
may be granted where the City the above matter $ Itri4N.�
Council finds undue hardship, as
defined in Minnesota Statutes (3) Rate actually charged for the
Section 462.357 Subd.6(2),caused ' ^
by the restrictions and finds that above matter $ I l!1 0(►
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 recommenda-
tion 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 pur-
pose of the hearing to property
owners within three hundred and
fifty(350)feet of the subject prop-
erty The failure to give mailed
notice to individual property own-
ers,or defects in the notice,shall
not invalidate the proceedings pro-
vided a bona fide attempt to com-
ply with this subdivision has been
made. Following the public hear-
ing, 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 the zoning ordinance and the
policies of the comprehensive plan.
Section 7.Term:This ordinance
shall be effective upon publication
as provided by law and shall ter-
minate 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 16th day of December,2002.
By:Daniel P.Tveite
Acting Mayor
ATTEST:
Sandra A.Peine,City Clerk
(D25)
•