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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