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HomeMy WebLinkAbout113-05 Interim Ordinance on CR 42 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 113-05 AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING ALL DEVELOPMENT AND SUBDIVISION OF PROPERTY NEAR COUNTY HIGHWAY 42 WITHIN THE CITY OF PRIOR LAKE THAT IS IDENTIFIED IN EXHIBIT A; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota, hereby ordains: Section 1. Purpose. The City of Prior Lake (“City”) has adopted a Comprehensive Plan which guides long term property uses throughout the City. The property near County Highway 42 has been guided for a mix of residential, commercial and industrial uses. The City of Prior Lake also regulates zoning and subdivision of property within the City in order to: 1) Protect the residential, business, industrial and public areas of the community and maintain their stability. 2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. 3) Provide adequate light, air and convenient access to property. 4) Limit congestion in the public rights - of - way. 5) Prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. 6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. 7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. 8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. 9) Enhance the aesthetic character and appearance of the City. 10) Conserve natural resources and environmental assets of the community. 11) Provide adequate off-street parking and loading facilities. 12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. 13) Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. The City Council finds that the City’s current Comprehensive Plan, zoning and subdivision regulations do not adequately address the development and subdivision of property near County Highway 42 in the City of Prior Lake that is identified in Exhibit A due to changes within the City and on County Highway 42 that were not anticipated by the City including:  City acquisition of Pike Lake Park.  Construction and opening of CR 21.  Availability of additional land along CR 21 corridor for commercial purposes.  Acquisition of the YMCA property (80 acres) and North Berens Drive property (75 acres) by the Shakopee Mdewakanton Sioux Community.  Completion of SCALE Commercial / Industrial Corridor Study including CR 42 in Prior Lake.  Preliminary platting and plat expiration of Summit Preserve.  Development proposal of the Shepherd property.  Dramatic and perhaps permanent reduction in economic development activity in the residential, commercial and industrial sectors locally, in the metropolitan area and in the region. The City Council finds that the City must conduct a study to determine what amendments to the Comprehensive Plan and the City Code will be required to deal effectively with such development and subdivision. This study will include analysis and master planning for the County Highway 42 corridor, analysis of commercial and industrial property within the City and near County Highway 42, analysis of land use and access control for the County Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential Comprehensive Plan and ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits for development or subdivision of property near County Highway 42 within the City of Prior Lake that is identified in Exhibit A during the pendency of the study and the various public hearings preceding possible adoption amendments to the Comprehensive Plan, and zoning and subdivision regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to determine what amendments to the Comprehensive Plan and City Code will be required to deal effectively with the development and subdivision of property near County Highway 42 in the City of Prior Lake that is identified in Exhibit A due to the unanticipated changes in the City. This study will include analysis and master planning for the County Highway 42 corridor, analysis of commercial and industrial property within the City and near County Highway 42, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law and will develop recommendations as to appropriate Comprehensive Plan and ordinance amendments, if any, that are required in the interest of the public safety and welfare. 2 Section 4. Study Area. This Interim Ordinance shall apply to all property near County Highway 42 within the City of Prior Lake as of the Effective Date of this Interim Ordinance as identified on Exhibit A, attached hereto and incorporated herein. Section 5. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of appropriate official controls, for a period of six months (subject to exceptions as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be no development or subdivision of property near County Highway 42 in the City of Prior Lake that is identified in Exhibit A as of the Effective Date of this Ordinance. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted or approved prior to the Effective Date of this Ordinance. Section 6.Exceptions. This moratorium shall not apply to any permits or approvals that were approved or granted by City staff or the City Council prior to the Effective Date of this Ordinance. Further, this moratorium shall not apply to improvements necessary to correct violations of state law or city ordinances Section 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. City Code Section 103 entitled “Definitions” and Section 104 entitled “General Penalty” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 11th Day of March, 2013. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth Hedberg, Mayor Summary published in the Prior Lake American on the 16th day of March, 2013. 3