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Home My WebLink About95-2035 - ADMIN Ordinance - City Council - 1995/07/17ORDINANCE NO. 2035-95 AN INTERIM ORDINANCE REGULATING THE DEVELOPMENT OF EXISTING VACANT LAND IN THE CITY OF ST. LOUIS PARK AND DIRECTING THAT A STUDY BE CONDUCTED THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Preamble 1.01 To maintain the quality of life enjoyed by residents of the City of St. Louis Park as well as to provide needed open space within the metropolitan area, the City has established a park system that includes parks, trails and open spaces throughout the City. The smallest of these existing parks in the City are Jackley Park and Rainbow Park, which are both 6/10ths of an acre. 1.02 Since the time when the current system was established, the City of St. Louis Park has continued to change. Recent data suggests that the aging population of the city is beginning to give way to homeowners in their child bearing years. An increase in the number of school aged children is anticipated. 1.03 As reflected by current census data, the changing complexion and demographic composition of the City will place different and potentially increasing demands on the park system within the City. These demographic changes also reflect changes in recreational choices by the population in the pursuit of leisure activities. —1.04 Recent legislation requires that local governmental units not only review and amend their Comprehensive Plans, but that legislation also requires that local governmental units consider whether amendment is necessary to conform those Comprehensive Plans to Metropolitan System Plans. 1.05 The City Council finds, for the reasons stated below, that a study should be conducted to determine whether any existing public property should be disposed of and whether any existing vacant land in the City should be acquired by or reserved for addition to or inclusion in the park system within the City, and to determine whether any of the City's official controls including the Comprehensive Plan, Zoning and Subdivision Ordinances, or the current Official Map should be modified. 1.06 The City Council finds it necessary to adopt an interim ordinance regulating the development of the existing vacant land within the City of St. Louis Park as authorized by Minnesota Statutes Section 462.355, Subd.4 in order to prevent the loss of this valuable resource, to protect and preserve the opportunity of developing and using said land for park and recreational purposes while this study is pending, and to protect the comprehensive planning process. 1.07 The City Council finds that development of existing vacant land in the City poses a significant risk that at a later date the City may not have adequate or sufficient vacant land available to meet the recreational and community needs of its residents. The potential lack of vacant land may result in a disproportionate dispersion of park space in the various neighborhoods in the City of St. Louis Park, leaving some neighborhoods under served by park space and facilities. Isle ./Pse • • 1.08 The City Council finds that a disproportionate dispersion of park space would threaten the public peace, health, morals, safety or welfare of the citizens of St. Louis Park by possibly leaving some neighborhoods under served by park space and facilities and by the potential burden of increased traffic, use and activities placed on those neighborhoods that are over served by park space and facilities. 1.09 The City Council has substantial government interest in preserving the public peace, health, morals or welfare of the citizens of St. Louis Park, and accordingly, the City Council declares that circumstances warrant the adoption of this Interim Moratorium Ordinance. Section 2. Planning and Zoning Study: Moratorium 2.01 There is a need for a study to be conducted so that the City can evaluate the need to plan for, acquire, develop, secure, obtain or dispose of land for use in the City's park system. The study will address the associated land use and zoning issues. The study will be conducted to determine how current park space is being used within the City and to plan for the anticipated future need for park space in the years to come. The scope of the study will include but not be limited to, the following which will be carried out in three phases: a. Phase 1 1. A comprehensive and accurate inventory of all public and private park land, open space and property which is vacant of buildings. 2. A community -wide assessment of perceived needs for park facilities and open spaces. 3. Research of comparative local, regional, state and national standards for park facilities and open spaces and comparison of those standards to existing park facilities and open spaces, and also to perceived community needs for park facilities and open spaces. 4. An analysis of the concentration, density and dispersion of parks throughout the City and neighborhoods, businesses, service organizations and other groups that are affected by and make use of the existing park facilities. b. Phase 2 1. Development of qualifying criteria to be used to evaluate vacant parcels for potential park development or open space. 2. Evaluation of vacant parcels according to the establsihed criteria. 3. Creation of a list of vacant parcels that do not meet the qualifying criteria. c. Phase 3 1. A review of existing land use and zoning regulations as they relate to 0 the properties that meet the qualifying criteria for park development. is 1 t• • 2. An estimate of the potential impact to the community of expanding or reducing the amount of existing park facilities and open spaces in St. Louis Park. 2.02 The aforementioned study will be conducted by a Task Force, supported by City staff, and at a minimum, composed of individuals appointed by the following bodies: a. One member of the City Council as appointed by the Council; b. One member of the Parks and Recreation Advisory Commission; c. One member of the Neighborhood Revitalization Commission; d. One member of the School Board; e. One member of the Planning Commission; f. One member of the St. Louis Park Business Council; g. One member of the Steering Committee on Community Connections. 2.03 Within 90 days of the adoption of this Ordinance, Phase 2 of the study (2.01b3) shall be completed and the results shall be reported to the City Council. The City Council shall review the list of parcels which do not meet the qualifying criteria for park development or open space. The City Council by motion and a majority vote of the Council may eliminate any or all of the parcels which do not meet the qualifying criteria from the moratorium. Notwithstanding the foregoing, the task force can, at anytime after development of qualifying criteria (2.01b1), recommend to the City Council the release of individual properties from the moratorium. 2.04 Upon completion of the study, the matter is to be considered by the Parks and Recreation Advisory Commission and the Planning Commission for their review and recommendations to the City Council. 2.05 There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process, retaining the benefits of the City's Comprehensive Plan, preventing the loss of available vacant land that may be suitable for development as park space, and protecting the health, safety and welfare of the citizens of the City until a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 2.06 a. Pending completion of the study referred to in Section 2.01 of this Ordinance and the adoption of any subsequent amendments to the City Ordinances, Comprehensive Plan and/or Official Map, there is hereby imposed a moratorium and the City is hereby prohibited from accepting applications for, processing applications, or issuing any building permits, conditional use permits, subdivision approvals, Comprehensive Plan amendments and/or zoning changes relating to any parcel of land in the City that is and has been vacant of "buildings", as defined in the Zoning Ordinance Section 14:3-1, for two years or more preceding the adoption of this Ordinance. b. This Interim Moratorium Ordinance shall not apply to any parcel of land that satisfies all of the following: i. is less than 6/10ths of an acre; and • ii. is not designated on the Official Map or Comprehensive Plan as park, trail or open space; and iii. is not located adjacent to publicly owned property other than right-of- way. 2.07 Nothing in this Interim Moratorium Ordinance shall prohibit or prevent the City or any governmental agency from developing any property as a park, trail, or open space or from implementing any recommendations of the study including but not limited to Comprehensive Plan amendments, rezonings, and amendments of the Official Map. Section 3. Enforcement The City may enforce any provision of this Ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 4. Separability Every section, provision or part of this Ordinance is declared separate from every other section, provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudicated to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this ordinance. Section 5. Duration This Ordinance shall be effective 15 days after publication in the City's official newspaper and shall terminate 9 months after its date of adoption, unless extended for such 410 additional period as the City may deem appropriate or rescinded by ordinance. [ _ A'1"1'EST: Revie ' ed for administration: ity anager 5886:RES8 0 Adopted by the City Council July 17, 1995 ��. / -14., Mayor Ci Approved as to form and execution: ilat ReeL. Cily Attorney