ORD 08-019
~ L~~ ~ .A~~'~~~T~~~~ ANA ~'~~~~.A.~ '~ 1 ~' T~l:~ ~T"~` ~~ E~
,~~ ~'A 1 TUB` Ate.
Tb~e ~~ty ou~cll of e l~ of ~ ~v~t do~~ hereby ordain ~~ f~~v~vs~
ee~r~n ~. Purpose: The Fast Study area o ~ pity, as described ~. Sec~on below,
i expe~ienci~, change from neihb~~nng properties madr~t car~didons. ~~ area ~~ expected to ~~~
deveopn~ent or ~edevelaprr~ent ~ coming yeaxs wl ~~ opening a~ ~e 'arthstar ca~n.muter
tram sta~on. ~`hts area o~ ~~ City .~equtxes further study to determine the approp~ate ~u~€re land use
and zoning. ~~ ~s anticipated fat e study ~~ ta~~e appro~inaately ~ ma~aths. Additi,ona regulation
~amprehensi~e ~'~,~ aer~d.ment, re~on~n~ a~~y tape lvng~r,
See~ia~ ~. Finding; Y the City council of the pity a~ ~ per ands teat it is
necessary, ~ order to protect ~ integrity o~ e pity's zoning ordinance and e planning process, to
i~nplernent a rnoratoriun~ on land use applications ~~~ithin the area descbed in ec~,an 5 beiow. The
area described ~viil be studied ~ e Ili fiver Pla~ng Commission and City ounc.~ in order to
detei,ne the mast appropriate land use and zoning staradazds.
ect~,o~ ~, ~]eftr~itio~.: .and use applica~.ans shall .elude all land use applicafians
suc~i as, but not l~.ited to, building permits, condifiana~ use permits, land use an~.endments, site
plans, plats, vad.a.nces, car zone changes,
S~c~o ~. ~ioratariun~, declared: burg the term af' this ard%nance and any
extensions thereol~, ~ maratariun~ is hereby in~paed on the acceptance or approval ol~ any Iand use
applicad.ans for properties located entirely ox paa~ly ~~rithi.n the area described ~ e~fian a. During
the tee off' th€s rnoratar~urn, the i~ ~~~ll not accept land use applications.
ec~.o~, ~, area ~~~ected by ~~aratariuna~.: ~e area to be studied is shown are attached
~hibit!~, and is bordered by l~igh~~~ay 1~ to e ~V~st, ~~~ .venue to the south, ~~7~ ~e~tended~ to
the north, and ~i~~on Street ~e~tended} to the east.
Sec~€an _~, ~~~aiver o~ estrictionsF ~n cases ol` undue l~ardsl~ip, any person having a
legal or eciuitable i~.terest land within ~e area a~'~ected by e maratoriu., who is aggrieved by the
re~urren~en,ts oaf this ordinance may apply to the pity council for a waiver ol"' all ar a pordc~n al= the
applicable restrictions. ~ waver nzay be granted where tl~e ~i~r ounc grids undue hardship, as
de~tned in rlinnesota Stages Section, ~~~.3~7 caused by e restri.ctians, and ids tk~at t}.~e waiver ~~,ll
not unduly affect ~e ate o~ the planning process or tf~e purposes l~or which ~e n~aratar€urn
ordinance is enacted.
~.pplications I'or ~~aiv ers shall be filed an a l'a~ provided by tlae planning mariagex
he planni~ig n~.ariager shall prepaxe a report and recon~nendarion on a~. requests ~'ar a
urafv'er and shall l~or~vard the request and report to the Planzting Coixirzssion ~~v~hich shall conduct a
public hearing an the request. dot less than ten ~~D~ days before the public bearing, e planni,rig
manager shad, n~aii notice a~ the tie, place, and purpose of e hearing to pxoperty o~~ners withi~ri
three hundred and ~~ ~35~~ legit o~ the subject proper. l;~ailure to give rriailed notice to individual
propexty owners, or de~'ects in the notice, shall not invalidate the proceedings prodded a bona fide
attempt try eampiyr , this suhd~i~n has he~~. ~nad~. ~'~~~~,~a the puh~c hewn, ~e ~~~~
Co~ssia shad o~va~d fts ~r~co~.~meadatian o~ ~.~ ~cpo~t to the ~ Cou~c~l a~ na action.
~~ ~ au~.c, ~~ ~.mpose such cond~ti~ons and ~eq~e such ar~te~s rebated to ~
giant a~ ~va~ver ~.s ~t deems. reasonable and ne~essar~r to protect the ~ub,c ~teret aid to ~r~s~re
co~~liance Frith the stacla~ds and puases of the zvz~ ordnance d e pc~li~es ~~' the
c~mp~ehe~slve play.
5ec~io~ ?, ~~; ~s ~rdanc~ shad. he e~~~etiv~ upa~ a~o~~.o~ and shad t~ate
sip months the~rea~ter, unless earlier mated h~ action. o~ e i ounc,~. ~t ~~ the tent o~ die
~r ou~~l that this Qrd..ance shall be ~ effect o~ until ~ ~ has cornp~eted the sd and
adepts such ordanc~ aer~dments as ~t deems n~ccss~,
'assed a~.d adapted h the ~i council a~ the City ~~'~.~ Rivex ~s 1s~ day o~Decem,ber, ~0~8
t:~I. fJ ~~ ~~~f ~ ,~,+~f~~..~,
S,~x .
4
tech e ~~~, ~~a~~r
'~T:
~'in..~.axd, its Clerk
;~~~.N?~iINC ~'~~~~ ~~~s1~.~1~~. 0~-I~ 175r~ Sr~dy ~iaras~rium~~~a~t Orc~ina~tce.d~c
AFFIDAVIT A
STATE OF MINNESOTA ) SS
COUNTY OF SHERBURNE )
ORDINANCE NO.08-19 '
AN ORDINANCE OF THE
CITY OF ISH RIVER G A Heidi Quanrud being duly sworn on oath says that she is the office manager of the
ESTABLISHING A
MORATORIUM ON LAND Newspaper known as the Star News,and has full knowledge of the facts which are stated
USE APPLICATIONS AND below:
APPROVALS WITHIN THE
CITY OF ELK R RFAST (A)The Newspaper has complied with all ofthe requirements constituting qualifications
STUDY AREA
The City Council of the City of as a qualified newspaper, as provided by Minnesota Statue 331A.02,331A.07 and other
Elk River does hereby ordain as applicable laws, as ammended.
follows:
Section 1.Purpose: The fast (B)The printed Ordinance No.08-19,which is attached was cut from the columns of
Study area of the City,as
described in Section,5 below,is l said newspaper and was printed and published once a week for one week; it was first
experiencing change from published on Wednesday, the 14th day of January, 2009, and was therefore printed and
neighboring properties market!' published on ever Wednesday to and including Wednesday,the 14th day ofJanuar 2009,
conditions. The area. is p y y g Y� y y>
expected to see development or and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is
redevelopment in the coming hereby acknowledged as being the size and kind of type used in the composition and
years with the opening of the
Northstar commuter train sta publication of the notice
tion. This area of the City
requires further, study; to
determine the appropriate abcdefghijklmnopgrstuvwxyz
future land use and zoning, It!
is anticipated that the study;
will take approximately 6
months, Additional regulation
(Comprehensive Plan amend- ' n�
merit, rezonings) may take
longer.
Section 2.Findings: The City'
Council of the City of Elk River
finds that it is necessary, in
order to protect thciintegrity of Office Manager
the City's zoning ordinance and
the planning process, to
implement a moratorium on Subscribed and sworn to before me on
land use applications within' this 14th day of January, 2009
the area described in Section 5
below. The area described will
be studied by the Elk River
Planning Commission and City `
Council in order to determine
„
the most appropriate land use a °''t o-. y + s, �
and zoning standards., }lf t f
Section 3,Definition Land
use applications shall include jj 11 jCJ_�2/j�-
all land use applications such �- J'In-31,2010,e
as,but not limited to,building;
permits, conditional use per Notary Publ�c '"'�-�
mits, land iuse amendments, ------------------------------------------------
-------------------
site plans,plats,variances,or
zone changes, RATE INFORMATION
Section 4, Moratorium
Declared: 'During the term of
this ordinance and any exten $ 16.11
sions thereof,a moratorium is (1) Lowest classified rate paid by
hereby unposed on the accep- commercial users for comparable space
tance or approval of any land (line,word or inch fate)
use applications for properties
located entirely or partially'' (2) Maximum rate allowed by law for the $ 15.50
within the area described in above matter
Section 5. During the term of (line,word or inch rate)
this moratorium,tlje City will
not accept,land use applca- (3) Rate actually charged for the above $ 15.00
bons. matter
(line,word or inch rate)
1,548,445
6ection 5.Area Affected by
Moratorium': The area to be
studied is shown on attached
Exhibit A, and is bordered by
Highway 10 to the west, 165th
Avenue to the south, 177th
(extended) to the north, and
Nixon Street(extended)to the
east.
Section 6. NV a i v o r o'f!
Restrictions; In cases of undue''
hardship,any;person having a
legal,or oqu-itable interest in
land within the area affected by
the moratorium who is
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 Statues
Section 462.357 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 moratoriums
ordinance is enacted.
Applications for waivers shall'
be filed on a form provided by
the planning manager.
The planning manager shall'
prepare a report and
recommendation on all
requests for a waiver and shall;
forward the request and report
to the Planning Commission;
which shall conduct public
hearing on the request. Not
less than ten(10)days before
the public hearing, the
planning manager 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. Failure to
give mailed notice to individual
property owners,or defects in
the notice,shall not invalidate
the proceedings provided ai
bona"fide attempt to comply;
with this subdivision has been
made!. Following the public
hearing, the Planning',
Commission shall forward its
recommendation on the report'
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 ordi-
nance shall be effective uponr
adoption and shall terminate'
six months thereafter,unless: Passed and adopted by the
earlier terminated by action of City Council of the City of Elk
the City Council, It is the River this 1st day of December,
intent of the City Council that 2005.
this ordinance shall be in effect Stephanie 1Klinzing
only until the City has Mayor;
completed the study and adopts ATTEST:
such ordinance amendments as Tina Allard,
It deems necessary. City Clerk
(JAl4)