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Home My WebLink About8B - Building Permits in the Downtown Development District STAFF AGENDA REPORT AGENDA #: PREP ARED BY: SUBJECT: 8B JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF AN INTERIM ORDINANCE 97-~X PROVIDING FOR A MORATORIUM ON BUILDING PERlVIITS IN THE DOWNTOWN DEVELOPMENT DISTRICT SEPTEMBER 15, 1997 DATE: INTRODUCTION: On September 2, 1997, the Council directed the staff to prepare an interim ordinance which would establish a moratorium on the issuance of building permits in the downtown redevelopment district. The purpose of this moratorium is to allow the Economic Development Authority and the Downtown Redevelopment Steering Committee to study the redevelopment options for the downtown area, to establish a set of design criteria and to develop a plan for redevelopment. DISCUSSION: Attached is a copy of the proposed ordinance which irnposes a moratorium on the issuance of building permits in the dovvntown redevelopment area. This moratorium applies only to the properties located within the Municipal Development District No.1, as identified on the attached map. Generally, this District is located south of Lakefront Park, west of Trunk Highway 13, east of Duluth Avenue, and north of the south property line of the properties located along the south side of Pleasant Street. There are several different options for this type of moratorium. One option is to restrict all types of building permits in this area. This includes new construction, remodeling, electrical and mechanical work. This option, while the easiest to enforce, may be too restrictive for the purpose of the moratorium. Another option is to restrict the issuance of building permits for new construction, new additions, and alterations which 1:\97files\97ordamd\citycode\dwntwn\moracc.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITI E:V1PLOYER will change the use or the overall appearance of the building. Under this option, permits could be issued for the following purposes: . N onnal repair and maintenance such as repairs to plumbing, electrical systerns, insulation, reroofing, and installation of replacement heating and air conditioning units. . Repairs and alterations necessary to keep a structure in a safe and habitable condition, such as rewiring/updating to comply with electrical codes, installation of heating and air conditioning units, and structural alterations necessary for the safety of the building. . Interior alterations that do not involve a change in use of the building, or a change in the exterior appearance of the building. This approach is similar to the treatment of nonconforming uses where certain types of alterations are permitted to nonconforming uses and structures. It allows property owners to maintain the buildings without increasing the nonconformity. The redevelopment of the Downtown Redevelopment District will involve developing design criteria. In this case, where design criteria will be created, it is prudent to impose a moratorium to building modifications to prevent a property owner from making major aesthetic changes to the building that might not fit into the criteria. This moratorium allows the ED A, the Council and the staff to develop a set of guidelines and criteria for the Downtown Redevelopment District. Initially, the timeframe of the moratorium is six months from the effective date of the ordinance, with the potential for extending it another eighteen months if necessary. This timeframe allows a reasonable time for review and establishment of a plan, and, if necessary, adoption of a set of criteria. ISSUES: The primary issue is whether Council feels the moratorium is needed or appropriate. The adoption of this interim ordinance definitely precludes development in the downtown, even for a short period of tirne. On the other hand, this time line forces the staff and the Steering Committee to focus on this Issue, and make recommendations fairly quickly. I: \97 fi 1es\ 97 ordarnd\citycode\dwntwn \moracc. doc Page 2 ALTERNATIVES: 1. Approve Ordinance 97-XX 2. Deny Ordinance 97-XX 3. Defer action for specific reasons RECOMMENDATION: Staff recommends Alternative 1. ACTION REQUIRED: Motion to adopt Ordinance .-xx 7 I :\97files\ 97 ordamd\ci tycode\d wntwn \moracc. doc Page 3 CITY OF PRIOR LAKE ORDINANCE NO. 97-XX AN INTERIM ORDINANCE PLACING TEMPORARY RESTRICTIONS ON THE ISSUANCE OF BUILDING PERMITS IN MUNICIPAL DEVELOPMENT DISTRICT NO.1 The City Council of the City of Prior Lake does hereby ordain: SECTION 1. Background. 1.01 In March, 1985, the Prior Lake City Council adopted Resolution 85-11, thereby forming Municipal Development District No.1 as shown on attached Exhibit A. The purpose of this development district is to implement the community planning process by assisting economic development and redevelopment in the downtown, thus retaining jobs, providing additional housing opportunities and enhancing the tax base. 1.02 The Prior Lake Economic Development Authority recently created a Downtown Redevelopment Steering Committee consisting of representatives of the Economic Development Authority, the Parks advisory Committee, the Planning Commission and other representatives of the community. The charge of the Steering Committee is to study the downtown area and to make recommendations for design criteria. plan amendrnents, and any other necessary actions to ensure a desirable downtown development. 1.03 The Prior Lake City Council is concerned that the City Zoning Code and other ordinances are inadequate to carry out the purpose of Municipal Development District No.1. 1.04 There is a need for a study to be conducted so that the City can determine and adopt land use zoning regulations pertaining to development within Municipal Development District No.1. 1.05 There is a need for an interim ordinance to be adopted for the purpose of protecting the integrity of the planning process, protecting the health, safety and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. 1:\97files\97ordamd\citycode\dwntwn\ord97xx.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .".N EQUAL OPPORTUNIT'{ EMPLOYER 1.06 The City Council has directed that such a study be undertaken. 1.07 Minnesota Statutes, Section 462.355, Subdivision 4, permits the adoption of interim ordinances during the study and planning process. SECTION 2. Need for a Moratorium and Study. 2.01 The redevelopment of the Downtown Redevelopment District will involve developing design criteria. In this case, where design criteria will be created, it is prudent to impose a moratorium to building modifications to prevent a property owner from making major aesthetic changes to the building that might not fit into the criteria. Upon completion of a study to be prepared by the Downtown Redevelopment Steering Committee, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. SECTION 3. Scope of the Moratorium. 3.01 A moratorium on the issuance of building permits in the area identified as Municipal Development District No. 1 is adopted pending completion of the Downtown Redevelopment Steering Committee study and the adoption of appropriate amendments to the City's zoning ordinance. During the term of this moratorium, no building permits will be issued for construction within the area identified as Municipal Development District No.1, except for the following activities: · Normal repair and maintenance, such as repairs to plumbing, electrical systems, insulation, reroofing, and installation of replacement heating and air conditioning units. · Repairs and alterations necessary to keep a structure in a safe and habitable condition, such as rewiring/updating to comply with electrical codes, installation of heating and air conditioning units, and structural alterations necessary for the safety of the building. · Interior alterations that do not involve a change in use of the building, or a change in the exterior appearance of the building. SECTION 4. Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. Separability. 1 :\97files\ 97 ordamd\citycode\dwntwn \ord 97xx.doc Page 2 " , Every section, prOVlSlon, or part of this ordinance is declared separable frorn every section, provision, or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this ordinance. SECTION 6. Duration. This ordinance shall rernain in effect for six months frorn the date of its effective date, or until such earlier time as said ordinance shall be revoked or otherwise amended. SECTION 7. Effective Date. This ordinance shall take effect the day after the date of publication. Passed by the City Council of the City of Prior Lake this 15th day of September, 1997. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of ,1996. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 I: \97 fi les\ 97 ordamd\citycode\dwntwn \ord97xx. doc Page 3 J[ ..........~., ..:"-'-' .~-..._~.~...~..- EXHIBIT A l- V) CQl.0::: D.QO - ST SE PLEAS/lNT ST I- MUNICIP AL DEVELOPMENT DISTRICT NO. 1 N PROJECT BOUNDARY