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D AFT • ORDINANCE CITY OF ELK RIVER AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE LAND USE APPLICATIONS WITHIN A CERTAIN AREA OF THE CITY OF ELK RIVER CASE NO. 02-08 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Purpose: The area defined in Section 5 below is experiencing change from neighboring properties. Two parcels are vacant,and nearby property has undergone redevelopment. A land use request that could impact adjacent properties has been received. The area in question requires further study to determine the appropriate future land use and zoning. It is anticipated that the study will take approximately 6 months. Section 2. Findings: The City Council of the City of Elk River finds that it is necessary in order to protect the integrity of the City's zoning ordinance and that of the planning process,to implement a moratorium on land use applications within the area defined in Section 5 below. The area defined will be studied by the Planning Commission and the Comprehensive Plan Update Task Force in order to determine the most appropriate land use and zoning standards. Section 3. Definition: Land Use Applications shall include those applications requiring Planning Commission and/or City Council review and approval such as,but not limited to zone changes, land use amendments, plats, variances, or conditional use permits. • Section 4. Moratorium Declared: During the term of this ordinance and any extensions thereof,a moratorium is hereby imposed within the City of Elk River on the approval of land use applications. During the term of this moratorium,the City will not accept land use applications. Section 5. Area Affected by Moratorium: The area to be studied is bounded by Main Street on the south,Highway 169 on the west,5th Street NW on the north,and Line Avenue/County Road 13 on the east. Section 6. Waiver of Restrictions: In cases of hardship,any person having a legal or equitable interest in land and aggrieved by the requirements of this ordinance may apply to the City Council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. An application for waiver shall be filed on a form approved by the director of planning. The director of planning shall prepare a report and recommendation and shall forward the request to the Planning Commission who shall conduct a public hearing on the request. Not less than ten(10)days before the public hearing,the director of planning shall mail notice of the time, place,and purpose of the hearing to property owners within three hundred and fifty(350)feet of the subject property. The failure to give mailed notice to individual property owners,or defects in the notice, shall not invalidate the proceedings provided a bona fide attempt to comply with this subdivision has been made. Following the public hearing,the Planning Commission shall forward its recommendation to the City Council for final action. S:\PLANNING\Cue Files\ZC 02-08 Ron's Foods Prop\Draft Ordinance.DOC