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HomeMy WebLinkAbout96-2060 - ADMIN Ordinance - City Council - 1996/04/151 ORDINANCE NO. 96-2060 AN INTERIM ORDINANCE AMENDING ORDINANCE NO. 95-2035 REGULATING THE DEVELOPMENT OF EXISTING VACANT LAND IN TEE CTTY OF ST, LOUIS PARK AND DIRECTING THAT A STUDY BE CONDUCTED THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA DOES ORDAIN: Section 1. Preamble 1.01 On July 17, 1995, the City Council adopted Ordinance No. 95-2035 which became effective on August 10, 1995 (the "Moratorium Ordinance"). The Moratorium Ordinance regulates the development of certain lands located within the City of St. Louis Park and authorizes a study to 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 without limitation the Comprehensive Plan, Zoning and Subdivision Ordinances, or the current Official Map, should be modified. 1.02. Since the Moratorium Ordinance became effective, the City Council adopted Resolution No. 95-136. releasing certain properties from the regulation of the Moratorium Ordinance, and Resolution No. 96-51, releasing certain additional properties from the regulation of the Moratorium Ordinance. 1.03. The City Council does hereby reaffirm and restate the purposes and findings set forth in the Preamble of the Moratonum Ordinance. 1.04. The City Council finds it necessary to extend the Moratorium Ordinance in order to complete the saidy and prevent the loss of the valuable resources of the City, and to protect and preserve the oppornmity of developing and using said land for park and recreadonal purposes while this study is pending, and to protect the comprehensive planning process. 1.05 Minnesota Statutes. Sec. 462.355, Subd. 4 permits the extension of an interim ordinance for additional periods of time as the municipality may deem appropriate, not exceeding a total additional period of 18 months. Section 2. Planning and Zoning.Studv: 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 Qty's park system. The study will address the associared 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 canned 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 parr 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, services 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 established 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 u they relate to the properties that meet the qualifying criteria for park development. _ 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. Lotus 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 Cvmmissicm; c. One member of the Neighborhood Revimalizanon Commission; d. One member of the School Board; 1 ty 1 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 Upon completion of Phase 2 of the study (2.01b3), 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. 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. cantonal use permits, subdivision approvals, Comprehensive Plan amendments and/or ming 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, except for those parcels released pursuant to Resolution No. 96-51 and Resolunon No. 95-136. b. This Intenm Moratorium Ordinance shall not apply to any parcel of land that satisfies all of the following: L 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. ightof- 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, rezoning, 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. Section4. 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. Duratigti This Ordinance shall be effective upon adoption and shall terminate 9 mantis thereafter. Reviewed for administration: 44 1996 1 STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Denis L. Mindak kidray,NE: 9nWi�it 9.rP1wt 9a..sYer AFFIDAVIT OF PUBLICATION , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun- Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended (B) The printed Ordinance No. 96-2060 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday , the 1 day of Ma Y , 1996 E,41-- " d_and published on every to and including , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice a bcd efghi i kl m n o pq rst u vwxyz Acknowledged before me on this 1 day of M BY TITLE Publisher g 96 MERIDEL M. HEDBLOM NOTtin'7 PliBUC - MINNESOTA HENNEPIN COUNTY A'y Commission Eepires Jan 31, 2000 4'ae0aae ~.V0eaoaP.044.40 RATE INFORMATION ifOoke+stclassified rate paid by commercial users \m oparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 215 per line $ 5.95 per line $ 1.09 per line City St. Louis Park (Official Publication) ORDINANCE NO. 96.2060 AN INTERIM ORDINANCE AMENDING ORDI- NANCE NO 95-2035 REGULATING THE DEVELOP- MENT 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, MINNESOTA DOES ORDAIN Section 1 Preamble 101 On July 17, 1995, the City Council adopted Ordinance No 95-2035 which became effective on August 10, 1995 (the "Moratonum Ordinance") The Moratonum Ordinance regulates the development of certain lands located within the City of St Louis Park and authonzes a study to 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 without limitation the Comprehensive Plan, Zoning and Subdivision Ordinances, or the current Official Map, should be modified 102 Since the Moratorium Ordinance became effec- tive, the City Council adopted Resolution No 95-136, releasing certain properties from the regulation of the Moratonum Ordinance and Resolution No 96-51, releas- ing certain additional properties from the regulation of the Moratonum Ordinance 103 The City Council does hereby reaffirm and restate the purposes and findings set forth in the Preamble of the Moratorium Ordinance 104 The City Council finds it necessary to extend the Moratorium Ordinance in order to complete the study and prevent the Toss of the valuable resources of the City, and 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 105 Minnesota Statutes, Sec 462355; Suhd 4 permits the extension of an interim ordinance for additional pen - ods of time as the municipality may deem appropriate, not exceeding a total additional penod of 18 months Section 2 Planning and Zoning Study. Moratonum 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 deter- mine 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 tamed out in three phases a Phase 1 1 A comprehensive and accurate inventor} of aii public and pnvate 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 I to existing patk 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, services organiza- tions and other groups that are affected by and make use of the existing park facilities b Phase 2 - 1 Development of qualifying critena to be used to evaluate vacant parcels for potential park development or open space 2 Evaluation of vacant parcels according to the established cntena 3 Creation of a list of vacant parcels that do not meet the qualifying cntena c Phase 3 - 1 A review of existing land use and zoning regu- lations as they relate to the properties that meet the qualifying_cntena for park develop- ment 2 An estimate of the potential impact to the com- munity 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 L_________ Council, g One member of the Steenng Committee on t'nmmunity-ConnectiorL9 —,- b This intenm Moratonum Ordinance shall not apply to any parcel of land that satisfies all of the following is less than 6/10 of an acre and 11 is not designated on the Official map or Comprehensive Plan as park trail or open space, and in is not located adjacent to publicly owned property other than nght-of-way 2 07 Nothing in this Intenm Moratorium Ordinance shall prohibit or prevent the City or any gov- ernmental agency from developing any proper- ty as a park, trail, or open space or from imple- menting any recommendations of the study including but not limited to Comprehensive Plan amendments, rezoning, and amendments of the Oficial 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 junsdiction Section 4 Separability Every section, provision or part of this ordinance is declared seprate 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 compe- tent jurisdiction, such judgment shall not invalidate any other section, provision or part of this ordinance Section 5 Duration This Ordinance shll be effective upon adoption and shall terminate 9 months thereafter Adopted by the City Council April 15, 1996 /s/ Gail A Dorfman Mayor (May 1, 1996) a3\#92-2060 - SLP 03 Upun wn.NiLmu., o :In., 2 .,f 1,e , the City Council shall review the list of parcels which do not meet the qualifying cntena for park development or open space The City Council by motion and a majonty vote of the Council may eliminate any or all of the parcels which do not meet the qualifying cntena 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 recommenda- tions to the City Council 2 05 There is a need for an intenm ordinance to be adopted for the purpose of protecting the plan- ning 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 ordi- nances, Comprehensive Plan and/or Official Map, there is hereby imposed a moratonum and the City is hereby prohibited from accepting applications for, processing apphcations, or issu- ing any building permits, conditional use per- mits, subdivision approvals, Comprehensive Plan amendments and/or zoning changes relat- ing 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 ordi- nance, except for those parcels released pur- suant to Resolution No 96-51 and Resolution No 95-136 —