HomeMy WebLinkAbout1992-001 Council OrdinancesCouncil Member Neal
and moved its adoption:
introduced the following ordinance
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE 01-92
AN INTERIM ORDINANCE REGULATING THE USE, DEVELOPMENT OR ZONING OF
LAND WITHIN THE RESIDENTIAL ZONING DISTRICTS FOR 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, Anoka County,
Minnesota, does ordain:
I.
Legislative Finding of Fact.
The City of Lino Lakes, Minnesota, a predominantly residential
and agricultural community has recently attracted development of
residential areas within the City. While the City is not opposed
to orderly or well planned residential development, the City of
Lino Lakes wishes to study, develop, evaluate and if necessary
modify plans and policies as they relate to it's Comprehensive
Plan, Assessment Plan, Financial Impact Analysis, Surface Water
Management impacts, and Utility Extension Plans to provide for
the orderly development of residential land within the City.
The City finds it to be in its best interests to take reasonable
measures for a reasonable interim time to protect the planning
process and the health safety and welfare of its citizens until
appropriate evaluations and amendments can be effective.
The City finds that unless reasonable measures are taken for a
reasonable interim period to protect the public interest by
preserving the integrity of the existing residential areas while
changes to the plans and policies are studied, the existing
zoning ordinances, development policies, and other land use
regulations will destroy the integrity of residential area.
The City finds that it is necessary to enact this Ordinance as an
emergency Ordinance under Section 3.06 of the City Charter. That
the normal effective date of ordinances would allow development
proposals to be submitted to the City prior to the implementation
of this Ordinance and would defeat the purposes set out herein.
II.
Legislative Intent.
It is the intent of the City Council to protect the planning and
zoning process and implementation of changes by hereby adopting
pursuant to authority vested in the City by Minnesota Statute
462.355, Subd. 4 of the State of Minnesota reasonable interim
regulations for a reasonable period of time to allow for the
preparation and consideration of changes to the cities'
development policies and existing planning and zoning ordinances
to protect the public health, safety and welfare and to prevent
the continuation of a pattern of land use and development which
would be inconsistent with the cities' development policies and
existing planning and zoning ordinances.
III.
Affected Area; Supersedes.
This ordinance shall apply and govern the residential areas of
the City of Lino Lakes for the purpose of protecting the planning
and zoning process and the health, safety and welfare of the City
for a period 6 (six) months from the date of adoption. This
ordinance, during its effective period, shall replace and
superced provisions and 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 ordinances shall continue in full force and
effect.
IV.
Scope of Control
Except as hereinafter provided in this ordinance, during the
period following the effective date of this ordinance:
A. Neither the Design and Review Board, or the City Council shall
consider a request for any residential rezoning or grant
preliminary approval to any residential subdivision plat, site
plan or other development map or application, regardless of the
fact that such subdivision plat, site plan, or other development
map or application has been submitted prior to the effective date
of this ordinance for any subdivision or development lying within
the City of Lino Lakes.
V.
Exceptions
This ordinance shall not apply to approval of any minor
subdivision as defined in the City Code, or (See Appendix A)
VI.
Appeal Provisions
The City Council shall have the power to vary or modify the
application of any provisions in this ordinance upon its
determination in its absolute legislative discretion that such
variance or modification is consistent with the letter and intent
of the comprehensive plan or proposed amendment, 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 Design and Review Board of
the City for report of said Design and Review Board with respect
to the effect of the variance or modification upon said city
development policies and existing planning and zoning ordinances.
Such report shall be returned by the Design and Review Board to
the City Council within sixty (60) days following the initial
application and shall be placed on the next agenda of the City
Council.
VII.
Penalties
Any person, firm, entity, or corporation who violated any
provisions of this ordinance shall be guilty of a misdemeanor as
defined by state law.
VIII.
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.
IX.
Effective Date.
This emergency ordinance shall take effect upon adoption and
publication as required by City Charter.
Passed this 13th day of
Marilyn', . Anderson
City Clerk
92.
Vernon F. Reinert
Mayor
The motion for the adoption of the foregoing ordinance was duly
seconded by Council Member Elliott and upon vote being taken
thereon, the following voted in favor thereof: Neal, Reinert,
Elliott.
The following voted against same: Kuether
Whereupon said ordinance was declared duly passed and adopted.
Name of Plat
Quail Ridge
Shores of Lake
Marshan
EXHIBIT A
Owner of Property Developer of Property_
Pershing Weaver Hokanson Development
Forjay Greenhouses Menkveld Development
Black Duck Estates Marcel & Keith
Ebensteiner
Barott Property Rick Carlson
Unnamed Tilsen
Residential
Royal Oaks Realty
Rick Carlson
Gary Uhde Gary Uhde