HomeMy WebLinkAbout2001-023 Council OrdinancesCITY OF LINO LAKES
ORDINANCE NO. 23-01
AN ORDINANCE PROHIBITING THE PLATTING, REZONING, OR
ALLOCATION OF MUSA RESERVE ACREAGE THAT WOULD PROVIDE
FOR NEW RESIDENTIAL DEVELOPMENT IN LINO LAKES IN ORDER TO
ALLOW FOR THE DEVELOPMENT OF OFFICIAL CONTROLS TO
IMPLEMENT THE COMPREHENSIVE PLAN
The City Council of the City of Lino Lakes, Anoka County, Minnesota does hereby
ordain:
Section 1. Findings
The City Council finds that:
A. The City has recently completed and adopted a new Comprehensive Plan and
submitted it to the Metropolitan Council for review according to MN Statute 473.858.
B. The City Council has determined that there is a need for further studies to be
conducted so that the City may consider appropriate amendments to its zoning code,
subdivision regulations, and other official controls to implement the Comprehensive
Plan.
C. Due to the potential for applications to plat land for residential housing units during
the time studies are being undertaken, the City Council has determined that there is a
need for an interim ordinance to be adopted pursuant to Minnesota Statutes, Section
462.355, Subd. 4.
D. The purpose of the interim ordinance is to:
1. protect the planning process
2. protect the public health, safety and welfare
3. ensure that the City and its citizens retain the benefits of, and the protection
afforded by, the City's comprehensive plan and official controls until the study
process is complete and any modifications to the city's official controls become
effective.
E. A public hearing on this ordinance was conducted by the Planning & Zoning Board on
December 12, 2001.
Section 2. Moratorium Established
In accordance with the findings set forth in this ordinance and pursuant to the authority of
Minnesota Statutes 462.355 Subd. 4, there is hereby established a moratorium on new
residential development within the City.
Section 3. Applicability
A. The moratorium prohibits development described in B, C, and D, below and shall be
applicable to all lands within the City of Lino Lakes except the area described in E.2.
B. During the period of the moratorium, the City shall not accept, consider, or approve
applications for new residential preliminary plats
C. During the period of the moratorium, the City shall not accept, consider, or approve
applications for rezoning to R1, Rl-X, R2, R3, R4, R-6, R-7, or residential Planned
Development Overlay (PDO) designations.
D. During the period of the moratorium, the City shall not accept, consider, or approve
applications for the allocation of Metropolitan Urban Service Area (MUSA) acres
from the City's MUSA reserve to support new residential development.
E. The moratorium shall not apply to:
1. applications for final plat approval for plats that have already received
preliminary plat approval; or applications for preliminary plats that were
submitted to the City for review prior to adoption of the second reading of this
ordinance
2. preliminary or final plat applications for land within the area of "The Village",
described as the area bounded by I-35Won the north, Lake Drive on the west, the
Rice Creek Chain of Lakes Regional Park Reserve on the east, the southern
border of The Village No. 1 plat, and the west and south borders of SW %4 of the
NE '/4 of Section 17
3. applications for subdivisions or rezonings which ultimately result in four or fewer
parcels, including both metes and bounds minor subdivisions and plats, but this
exception from the moratorium does not include projects needing MUSA reserve
acres allocation
4. applications for preliminary plats for commercial, industrial, or other non-
residential development
5. building permit or site plan applications of any type
Section 4. Effective Date
This ordinance shall be in force and effect upon its adoption and publication according to
the Lino Lakes City Charter. This ordinance shall be effective for one year after its
effective date and shall expire at that time unless further extended.
Passed by the Lino Lakes City Council this 14th day of January, 2002.
ATTES
Ann Blair; 7ity Clerk
. Bergeson, Mayor