6.1. SR 12-01-2008 - Laserfiche WebLink

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ORDINANCE NO.08- AN ORDINANCE OF THE CITY OF ELK RIVER ESTABLISHING A MORATORIUM ON LAND USE APPLICATIONS AND APPROVALS WITHIN THE CITY OF ELK RIVER FAST STUDY AREA The City Council of the City of Elk River does hereby ordain as follows: Section 1. Purpose: The Fast Study area of the City, as described in Section 5 below, is experiencing change from neighboring properties market conditions. The area is expected to see development or redevelopment in the coming years with the opening of the Northstar commuter train station. This area of the City requires further study to determine the appropriate future land use and zoning. It is anticipated that the study will take approximately 6 months. Additional regulation (Comprehensive Plan amendment, rezonings) may take longer. 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 the planning process, to implement a moratorium on land use applications within the area described in Section 5 below. The area described will be studied by the Elk River Planning Commission and City Council in order to determine the most appropriate land use and zoning standards. Section 3. Definition: Land use applications shall include all land use applications such as, but not limited to, building permits, conditional use permits, land use amendments, site plans, plats, variances, or zone changes. Section 4. Moratorium Declared: During the term of this ordinance and any extensions thereof, a moratorium is hereby imposed on the acceptance or approval of any land use applications for properties located entirely or partially within the area described in Section 5. 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 shown on attached Exhibit A, and is bordered by Highway 10 to the west, 165th Avenue to the south, 177th (extended) to the north, and Nixon Street (extended) to the east. Section 6. Waiver of Restrictions: In cases of undue hardship, any person having a legal or equitable interest in land within the area affected by the moratorium who is 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 undue hardship, as defined in Minnesota Statues Section 462.357 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 moratorium ordinance is enacted. Applications for waivers shall be filed on a form provided by the planning manager. The planning manager shall prepare a report and recommendation on all requests for a waiver and shall forward the request and report to the Planning Commission which shall conduct a public hearing on the request. Not less than ten (10) days before the public hearing, the planning manager 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. Failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings provided a bona fide