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Home My WebLink AboutCity Council Ordinance 1989-30CITY OF PLYMOUTH ORDINANCE NO. 89-30 INTERIM ORDINANCE FOR PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF PLYMOUTH AND REGULATING AND RESTRICTING DEVELOPMENT OF PROPERTY WITHIN CERTAIN AREAS OF THE CITY THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Backaround. 1.01. The City Council directed the Planning Advisory Commission and Administrative Staff to undertake the updating of the City's Comprehensive Plan including the Land Use Guide Plan Element and Map which the City Council requested be reviewed as to possible changes. 1.02. The Planning Advisory Commission reviewed the Land Use Guide Plan Element and Map and conducted a Public Hearing for the purpose of developing recommendations for the City Council. 1.03. The City Council has reviewed the recommendation of the Planning Commission and has defined Study Areas where possible changes may be made; the Study Areas are reflected on a working document dated September 18, 1989 which is attached hereto as EXHIBIT A. 1.04. The City Council received a letter dated April 10, 1989 from the Metropolitan Council notifying the City that amendments have been made to Metropolitan System Policy plans for waste water treatment and for transportation; and, pursuant to the State 1976 Metropolitan Land Planning Act, the City has nine months after receiving an amendment to determine what changes may be necessary to insure continued conformity with Metropolitan System Plans. 1.05. There is a need to study the impact the potential changes may have upon the various Systems, including, but not limited to, sewers and transportation. 1.06. There is a need to retain qualified consultants to review the various Systems Element of the Comprehensive and to develop recommendations for updating those elements to insure, among other things, conformity with the applicable Metropolitan Systems Plans. 1.07. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and to insure that the City and its citizens retain the benefits of the City's Comprehensive Plan and (see next page) Page Two official controls until the necessary studies have been completed. There is a need to restrict use of the land in the study areas until such studies have been completed and possible modification to the City Land Use Regulations have been accomplished. 1.08. The City will be retaining the services of qualified consultants to perform the necessary work in accordance with approved work programs, drafts of which have been submitted for review. 1.09. Minnesota Statutes, Section 462.355, Subdivision 4 permits the adoption of an interim ordinance during the planning process. Section 2. Development Restrictions. 2.01. During the period that this ordinance is in effect, no property within the Study Areas may be developed, redeveloped, subdivided, or platted, nor shall any applications for rezonings, comprehensive plan amendments, land divisions or consolidations, conditional use permits or building permits be processed for property with the Study Areas. Applications for Sketch Plan review and endorsement for property within the Study Areas, consistent with the Sketch Plan Policy, may be processed. 2.02. This interim ordinance shall remain in effect for a period of three months after its effective date unless earlier repealed by the City Council. 2.03. This ordinance applies to any application pertaining to property in the Study Areas that has not received preliminary approval by the City Council as of the effective date of this ordinance. 2.04. Nothing in this ordinance shall be construed to discourage or inhibit any person from providing the City with information concerning the Comprehensive Plan or the elements of that Plan. Section 3. Amendment to Exempt. This ordinance may be amended by a 4/5 vote of the City Council to exempt land from the development restrictions, upon written request of the fee owner, or an authorized representative, for land that is served by municipal sewer and water at the time of the exemption request and provided that the development is fully consistent with the City Council's proposed changes to the Land Use Guide Plan and to other elements of the Comprehensive Plan. Any such request shall be accompanied by a written statement by which the applicant agrees to hold the City harmless from any expenses or liability in the event that the proposed changes to the Comprehensive Plan are not ultimately adopted by the City Council. The request must demonstrate that the proposed exemption will not be detrimental to the integrity of the current and proposed comprehensive planning and that the benefits of the development to the City outweigh the benefits contemplated by the interim ordinance. (see next page) Page Three Section 4. This ordinance shall become effective upon its publication in accordance with Subsection 110.11 of the Plymouth City Code. Adopted by the City Council this 16th day of October, 1989. v7 ^ 4 a 4%, 0� Mayor ATTEST Published: Plymouth PostNews 10-25-89. TCity 'Clerk Published: Plymouth PostNews 10-25-89. %p1 IItl LJ WS6 tl3NlIM W36 tl316YJNYl WL6 Ol l3JI1NOF qi6 MOX1tlM 160 9MY3VM qM:O Xla9ge Wlq b3XYlp COgy 3tl3A3a WYp r9olYars meq NO1N3tl1 mtq O O 3JVW 101X11 OWN 3—J A3lltlA m2q X01911113" OWN 93NIFq mUy NMO1X10A 00011 A WN, 00111 OOOMOtltlY MISI.aSIVa gXll gIOMAH33011.3 mMl 00....33 m511 GONNU 3A3 m911 M3u193tl0! mLu 0oa-3. OMu MS N']plF3N m611 53A1 O%lil IIM1OXOP WooIM W OMNa1M m xam 00m VIlON91M mW OJOMIA'W Wf21 ICIA3NM WLA W,N,NIIO mXA 3a0FVJl5 WXf OmMltlaz 001[1 OOJMa30N0 g2V1 OOOM3NIA mitl 000"30031 mW FFIN3'( m5[I I.. m90 rIXN13 . 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