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HomeMy WebLinkAbout2004-09 Establishing Moratorium on Subdivision of Lots and Other Property Withing the Single Dwelling Unit District (R-1) in the City of Edina ORDINANCE NO. 2004-09 AN ORDINANCE AUTHORIZING STUDIES ON THE PLATTING, REPLATTING OR SUBDIVISION OF LOTS AND OTHER PROPERTY WITHIN THE SINGLE DWELLING UNIT DISTRICT (R-1) IN THE CITY OF EDINA THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Purpose. Pursuant to applicable Minnesota Statutes, Edina is now conducting studies for the purpose of considering adoption and/or amendment of official controls, as defined in Minnesota Statutes, Section 462.352, Subdivision 15, including amendment of Section 810 of the City Code (the "Subdivision Ordinance"). The official controls and amendments being studied will consider, among other things, the desirability and suitability of, and the requirements and conditions for, the processing and approval of plats, replats, subdivisions of lots and other property within any Single Family Dwelling District (R- 1) in the City, as designated by Section 850 of the City Code. However, while the new official controls and amendments are being considered, proposals for, and applications for such plats, replats and subdivisions continue to be made. Therefore, in order to protect the planning process and the health, safety and welfare of the citizens of Edina, it is necessary and desirable to impose the following moratorium pursuant to the authority granted by Minnesota Statutes, Section 462.355, Subd. 4. Section 2. Moratorium. From the effective date of this ordinance to and including the first anniversary of such effective date, subject to earlier termination or extension by the Edina City Council, the Edina City Council, the Edina Planning Commission and the Edina City staff shall not accept any applications for, or continue to process or act on, any applications or requests for, any plats, replats or subdivisions of lots or other property within the Single Dwelling Unit District (R-1) in the City as designated by Section 850 of the City Code; provided, however, that the City Council may disapprove any application for any such plat, replat or subdivision solely to prevent approval thereof by operation of law pursuant to Minnesota Statutes, Section 462.358, Subd. 3b. This moratorium shall not apply to any lot division as provided in Section 810.04, Subd. 2 of the City Code, or to any plat, replat or subdivision application previously given preliminary approval by the City Council. Section 3. Effective Date. This ordinance shall be in full force and effect upon its passage. First Reading: June 15,2004 Second Reading: July 6,2004 Publication: July 15,2004 Attest Debra A.Mangen, Clerk Dennis F.Maetzol ayor v N= newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 30 day of December , 2004, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2004;and printed below is City of Edina a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- (OfneW pub o„) ORDINANCE NO.200449 edged as being the size and kind of type used in the composition and publication of the ANORAINANCEAUTHOREM4GiTiLTM8©14 - I .THE PLAITING,REPLATMG OR StMDIVISION notice: OF�THE SINGLE O PROPERTY DWELLING UNTT DISTRICT(R-1)IN THE CITY OF EDINA abcdefghijklmnopgrstuvwxyz THE CITY COUNCIL OF THE CITY OF EDINA,MIN- NESOTA,ORDAINS: Section 1. EUERM. Pursuant to applicable Minneso- to Statutes,Edina is now conducting studies for the pur- pose of considering adoption and/or amendment of official controls, as defined in Minnesota Statutes, Section BY: 462.352,Subdivision 15,including amendment of Section CFO 810 of the City Code(the"Subdivision Ordinance"). The official controls and amendments being studied will con- sider,among other things,the desirability and suitability of,and the requirements and conditions for,the processing and approval of plats,replats,subdivisions of lot.and other property within any Single Family Dwelling District (R-1)in the City,as designated by Section 850 of the City Subscribed and sworn to or affirmed before me Cede.However,while the new official controls and amend- merits are being considered,proposals for,and applica- on this 30th day of December 2004, tions for such plats,replats and subdivisions continue to be made. Therefore,in order to protect the planning process and the health,safety and welfare of the citizens of Edina,it is necessary and desirable to impose the fol- lowing moratorium pursuant to the authority granted by Minnesota Statutes,Section 462.355,Subd.4. Section 2.Moratorium.From the effective date of this Notary Pubic ordinance to and including the first anniversary ofsuch ef- fective date,subject to earlier termination or extension by the Edina City Council,the Edina City Council,the Edina Planning Commission and the Edina City staff shall not MARY ANN CARLSON accept any applications for,or continue to process or act on, any applications or requests for,any plats,replats or sub- NOTARY PUBLIC—MINNESOTA divisions of lots or other property within he Single MY COMMISSION EXPIRES 13149 Dwelling Unit District(R-1)in the City as designated by Section 850 of the City Code;provided,however,that the City Council may disapprove any application for any such plat,replat or subdivision solely to prevent approval there- of by operation of law pursuant to Minnesota Statutes, RATE INFORMATION Section 462.358,Subd. 3b. This moratorium shall not apply to any lot division as provided in Section 810.04, Subd.2 of the City Code,or to any plat,replat or subdivi- (1) Lowest classified rate paid by commercial users $ 2.85 per line sionapplication Previously given preliminary approval by the City Council. for comparable space Section 3. Effective Dat. This ordinance shall be in full force and effect upon its passage. (2) Maximum rate allowed by law $ 6.20 per line First Reading: June 15,2004 Second Reading. July 6,2004 (3) Rate actually charged $ 1.30 per line Publication: July 15,2004 Attest DebraA Mangey Uty Clerk Dennis F.Maetaold Mayor (Dec.30,2004)d1/Ord 2004-09 Subd Moratorium