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HomeMy WebLinkAbout1982-085 Council OrdinancesCITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 85 AN INTERIM ORDINANCE REGULATING THE USE AND DEVELOPMENT OF LAND WITHIN THE CITY OF LINO LAKES FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE CITY. The City Council of the City of Lino Lakes does hereby ordain: Section 1. Legislative Findings of Fact The City of Lino Lakes, Minnesota, a predominantly residential and agricultural community has sustained considerable urban residential development. Because of the lack of urban services capable of accommodating such occurrence, the City has commenced the process of preparing and adopting a Community Development Plan and official controls pursuant to Minnesota Statutes 462.355. Because of, and following, plan adoption, the City will prepare and recommend for hearing and adoption new and amended ordinances and regulations governing land use and development in the City which are reasonable and necessary measures for effectuating the adopted plan. The City finds that unless reasonable measures are taken for a reasonable interim period to protect the public interest by preserving the integrity of said plan until the appropriate ordinances and regulations are adopted that unplanned development may destroy the integrity of the Community Development Plan and its basic purposes, need and effect. Section 2. Legislative Intent It is the intention of the City Council to protect the Community Development Plan, amendments thereto, and their implementation by hereby adopting, pursuant to the authority vested in the Council by Minnesota Statute 462.355, Subd. 4, an interim ordinance for a reasonable time during the consideration of the aforementioned ordinances and regulations for the City, to protect the public health, safety and welfare and prevent a race of diligence between property owners and the City during said consideration, which would, in many instances, result in the continuation of a pattern of land use and development which would be inconsistent with the Community Development Plan, amendments thereto, and ordinances and violate their basic intent and fail to protect the health, safety and welfare of the community. Section 3. Affected Area; Supercedes This ordinance shall apply to and govern all areas of the City of Lino Lakes. This ordinance, during its effective period, shall replace and supercede provisions in all other ordinances and regulations applicable to the City of Lino Lakes which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this ordinance shall continue in full force and effect. Section 4 . Scope of Control Except as period of hereinafter provided in this ordinance, during the May 12, 1982, through May 12, 1983: Neither the Planning Commission of the City or the City Council shall grant any preliminary or final approval to a subdivision plat, site plan, or other development map or application, unless such subdivision plat or site plan has received preliminary approval of the City Council prior to May 22, 1982. Furthermore, all subdivision of property by metes and bounds description shall be prohibited during this period of time. Section 5. Appeal Provisions The City Council shall have the power to vary or modify the application of any provisions in this ordinance upon its determination and its absolute legislative discretion if such variance or modification is consistent with the letter and intent of the Community Development Plan upon which this local ordinance is based, and with the health, safety and general welfare of the City of Lino Lakes. Upon receiving any application for such variance or modification, the City Clerk shall refer such application to the Planning Commission for the report of said Planning Commission with respect to the effect of the variance or modification upon said Community Development Plan. Such report shall be returned by the Planning Commission to the City Council within 60 days following the initial application and shall be placed on the next agenda for the City Council. Section 6. Penalties Any person, firm, entity, or corporation who violates any provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished as defined by state law. Section 7. Validity The validity of any word, sentence, section, clause, paragraph, part or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. Section 8. Effective Date This ordinance shall take effect thirty (30) a publication as required by City Charter. e,-CL Passed this jday of Clerk 11. days following , 1982. ( Mayor