Loading...
HomeMy WebLinkAbout2431-13 - ADMIN Ordinance - City Council - 2013/01/29ORDINANCE NO. 2431-13 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING PARKING LOTS AND PARKING BUSINESSES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Background. 1.01. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4., the City of St. Louis Park is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or a part of the City while the City or its planning consultant is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. The City declares that this Interim Ordinance is established pursuant to the aforementioned statute. 1.02. Findings and Purpose. There are substantial concerns that the current City zoning ordinance provisions relating to parking lots and parking businesses in the C-1 and C-2 Districts do not adequately address issues relating to these uses, such as the appropriate locations and the conditions under which they may be allowed if at all in the C-1 and C-2 Districts. As a result of the important land use and zoning issues cited above, the City Planning staff will conduct studies for the purpose of consideration of possible amendments to the City's official controls to address the issues concerning these uses. The City finds that this Interim Ordinance must be adopted to protect the planning process and the health, safety and welfare of the citizens. SECTION 2. Definition. For purposes of this Ordinance, the following terms shall be defined as follows: Parking Lot or Parking Business means the storage or parking of a vehicle or vehicles for any period of time. The terms do not include the parking of vehicles by the owner of the lot, a tenant, customers or invitees which in all circumstances is directly related to a lawful principal non -parking lot or non -parking business use being conducted on the lot. Vehicle means a device for carrying or conveying persons or property, which may be self- propelled or may be propelled, drawn, or towed by a self-propelled vehicle. Lot means a parcel of land created by an existing subdivision or described on a deed which has been recorded in the office of register of deed or registrar of titles of the county and which is occupied or used or intended for occupancy or use and has common ownership in its entirety. SECTION 3. Prohibition. In accordance with the findings set forth in Section 1.02 and pursuant to the authority of Minnesota Statutes, Section 462.355, subd. 4, there is hereby established a moratorium on the establishment of a parking lot or parking business within the City in the C-1 and C-2 Zoning Districts. SECTION 4. Enforcement, The City may enforce this Ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. Separability. Every section, provision or part of this Ordinance is declared separable from every section, provision or part of this Ordinance. If any section, provision or part Ordinance No. 2431-13 -2- of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. SECTION 6. Duration. This Ordinance shall take effect fifteen days after its publication and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or six (6) months, whichever occurs first. City Attest: City Clerk First Reading January 22, 2013 Second Reading January 29, 2013 Date of Publication January 31, 2013 Date Ordinance takes effect February 15, 2013 this 29th day of January, 2013, by the City Council of the City of St. Louis the City Council January 29, 2013 City Attorney Vehicle means device for carrying or City of St, Louis Park conveying persons or property,pro- (Official Publication). ' ORDINANCE NO. 3 or towed by a self -pro - pelletl -pro - AN INTERIM ORDINANCE v. ehicle, TEMPORARILY � PROHIBITING PARKING LOTS AND MEDIATHE KING BUSINESSES — CIT.. Y OF STLOUIS PARK DOES office of register of deed or registrar of ORDAIN: AFFIDAVIT OF PUBLICATION SECTION 1. Background. pied or used or Intended for occupancy or use and has common ownership in 1.01. Authority. Pursuant to Minnesota STATE OF MINNESOTA ) Statutes Section 462.355,Subd.4.,the )Ss. City of St. Louis Park is authorized to interim to COUNTY OF HENNEPIN ) establish ordinances regu- late, restrict or prohibit any use or de- velopment in all or a part of the City Richard Hendricksonbeing duly sworn on , while the City or its planning consultant an oath, states or affirms that he is the Chief is conducting studies, or has authorized a study to be conducted, or has sched- Financial Officer of the newspaper(s) known uled a hearing to consider adoption or amendment of the comprehensive plan as St.Louis Park Sun -Sailor claresthatthisInterimOrdinanceises- or official zoning controls. The City de- tablished pursuant to the aforemen- tioned statute. 1.02. Findings and Purpose. There are and has full knowledge of the facts stated substantial concerns that the current below: City zoning ordinance provisions relat- ing to parking lots and parking busi- (A) The newspaper has complied with all of nesses In the C-1 and C-2 Districts do the requirements constituting uaIlflCa- q g q not adequately address issues relating to these uses, such as the appropriate tion as a qualified newspaper as provid- locations and the conditions under ed by Minn. Stat. §331A.02, §331 A.07, -1 mabe alowed l at all in the C2 and other applicable laws as amended. Cf and Districts.tsl. As a result of the important land use and zoning Issues (B) The printed public notice that is attached cited above, the City Planning staff will was published in said newspaper(s) conduct studies for the purpose of con - sideration of possible amendments to once each week, for one successive the City's official controls to address the week(s); It was first published on Thurs- issues at this rim Ordinance Th must day, the 31 day of January be adopted to protect the planning 2013, and was thereafter printed and fare of the citizzeefseal h,satetyandwel- published on every Thursday to and in- SECTION 2. Definition. For purposes cluding Thursday, the day of of this Ordinance, the following terms __ , 2013; and printed shall be defined as follows: below is a copy of the lower case alpha- Parking Lot or Parking Business means bet from A to Z, both Inclusive, which Is the storage or parking of a vehicle orve. hicles for any period of time. The terms hereby acknowledged as being the size do not include the parking of vehicles by and kind of type used in the composition the owner of the lot, a tenant, cus- tomers or invitees which in all circum - and publication of the notice: stances is directly related to a lawful principal non -parking lot ornon-parking abg klmnopgrsluvwxyz business use being conducted on melot Vehicle means device for carrying or conveying persons or property,pro- may be self-propelled or may prof or towed by a self -pro - pelletl -pro - �O v. ehicle, BY: Lot means a parcel of land created by CFO an existing subdivision or described on a deed which has been recorded in the office of register of deed or registrar of titles of the county and which Is occu- Subscribed and sworn to or affirmed pied or used or Intended for occupancy or use and has common ownership in before me on this 31 day of its entirety. January ,2013. SiC.t:LL-C-cJ i^ Notary Public JCUoLIA eaxUp. LK.ENN YPJanNOTARMINNESOTA TA mm,p31, F015 SECTION 3. Prohibition. In accor- dance with the findings set forth In Sec- tion 1.02 and pursuant to the authority of Minnesota Statutes, Section 462.355, subd. 4, there is hereby es- tablished a moratorium on the estab- lishment of a parking lot or parking busi- ness within the City in the C-1 and C-2 Zoning Districts. SECTION 4. Enforcement. The City may enforce this Ordinance by Injunc- tion or any other appropriate civil reme- dy in any court of competent jurisdic- tion. SECTION 5. Separability. Every sec- tion, provision or part of this Ordinance, is declared separable from every sec- tion, provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not Invalidate any other section, provision or part of this Ordi- nance. SECTION 6. Duration. This Ordinance shall take affect fifteen days after its publication and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or six (6) months, whichever occurs first. This ordinance shall take effect 15 days after publication. Adopted by the City Council January 29, 2013 Jeffrey W. Jacobs Is/ Mayor Published in St. Louis Park Sailor: Jan- uary 31, 2013 (Jan. 31, 2013) A3-Ord2431-13 RECEIVED FEB - 12013 OF THE CITY