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Home My WebLink About11-26-07 Item 7C, Ordinance 390 Moratorium on B-2 ~ ~HlLLS Request for Council Action Prepared By: Dept: Council Mtg. Date: Final Action Needed By: James Lehnhoff ".~.2.~~_l:!_~_i!~Q_~X.....~.P,~.~~! 11-26-07 Agenda Item: 7.C Actual Amount: Funding 1. Motion to Adopt Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Existing Structures in the B-2 Business District for the Period of One Year. '2. Motion to Approve Publishing a Summary of Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Structures in the B-2 General Business District for the Period of One Year in Accordance with Minnesota State Statute 412.191 Subd . ,..,~ : Planning: ;PTRC: X November 26,2007, Memo to the City Council No.: X No.: 388 and the Summary of Ordinance 388 Recommendation: Recommendation: 6tl1~;: None. None. ~ ~HILLS MEMORANDUM DATE: November 26, 2007 CC Agenda Item 7.C TO: Mayor and City Council If James Lehnhoff, City Plannef! B-2 General Business District New Construction and Building Expansion Moratorium FROM: SUBJECT: Requested Action 1. Motion to Adopt Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Existing Structures in the B-2 General Business District for the Period of One Year. 2. Motion to Approve Publishing a Summary of Ordinance 390 to Place a Moratorium on the Construction of New and the Expansion of Existing Structures in the B-2 General Business District for the Period of One Year in Accordance with Minnesota State Statute 412.191 Subd 4 (4/5 vote required). Backe:round At the direction of the City Council, Staff has prepared a one year moratorium on new construction and building expansion in the B-2 General Business District. Staffhas included an exemption for building expansions of less than 250 square feet that do not impact the transportation infrastructure and are in conformance with the requirements of the Zoning Code, including the recently adopted design standards, in order to provide some flexibility for existing businesses. Staff does not anticipate that this exemption would negatively impact the City's ability to evaluate the purpose, regulations, or the future of the B-2 District. However, this exemption can be removed by the City Council if deemed necessary. As written, the moratorium would not prohibit the alteration of facades of existing buildings or the remodeling of the interior of existing buildings provided the alterations are in conformance with City, Zoning, and Building Codes. City of Arden Hills City Council Meetingfor November 26, 2007 \\Metro-inet.us\ardenhillslPlanninglPlanning Cases\2007\07-0XX B-2 Moratorium1112607 - CC Report - B-2 Moratorium.doc Pagelof2 It is imperative that if the City adopts the moratorium that a study ofthe B-2 General Business District be conducted. The draft 200S City budget includes funds to evaluate the B-2 District. If this moratorium is adopted, Staffwill move forward with the understanding that a full study of the B-2 District will begin. The City Attorney did not have an opportunity to review the proposed moratorium prior to the release of this memo. Changes to the proposed Ordinance 390 and/or the summary of Ordinance 390 may be necessary prior to review or adoption by the City Council. If approved, the moratorium is set to expire on November 26, 200S. The moratorium can be ended early if deemed appropriate by the City Council. Under certain conditions, the moratorium can be extended up to an additional IS months after the first expiration date. Options 1. Approve the proposal as submitted. 2. Approve the proposal with changes 3. Deny the proposal. 4. Table for additional information. If changes to Ordinance 390 and the summary of Ordinance 390 are made, those changes can be included with the motion. In order to publish a summary of Ordinance 390, a 4/5 vote of approval is required. The moratorium does not goes into effect until Ordinance 390 or the summary of Ordinance 390 is published in the newspaper. Attachments Ordinance 390 Summary of Ordinance 390 Exhibit A: Map ofthe B-2 General Business District City of Arden Hills City Council Meetingfor November 26,2007 \\Metro-inet.uslardenhillslPlanning\Planning Cases\2007\07-0XX B-2 Moratoriuml112607 - CC Report - B-2 Moratorium.doc Page 2 of2 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 390 A MORATORIUM RELATED TO THE CONSTRUCTION OR EXPANSION OF NEW OR EXISTING STRUCTURES IN THE B-2 GENERAL BUSINESS DISTRICT The Arden Hills City Council Ordains: 390.01 Recitals. A. The City of Arden Hills ("City") is in the process of reviewing the purpose of the B-2 General Business District ("B-2 District") and the future of new development, redevelopment, and building expansion in that District. B. The City is in the process of reviewing regulations related to the overall design of new development and building expansion in the B-2 District including, but not limited to, site layout, parking requirements, lighting requirements, traffic impacts, landscaping, pedestrian facilities, building material requirements, architectural standards, and other regulatory aspects related to new construction and the expansion of existing structures in the B-2 District. C. The City is in the process of reviewing the permitted, conditional, and prohibited uses in the B-2 District. D. The City is in the process of reviewing the motorized and non-motorized transportation infrastructure needs in the B-2 District, including, but not limited to, potential sidewalk, trail, and road improvements, enhancements, and alterations. E. The B-2 District includes those properties marked on Exhibit A (Zoning Map). F. The existing regulations for the B-2 District regarding new construction and the expansion of existing structures may not be meeting the overall purpose of the district or City goals, which may result in undesirable impacts on the quality oflife in the City and the long-term viability of the B-2 District may be negatively impacted. G. The City anticipates that there will be additional submittals for constructing new or expanding existing buildings in the B-2 District. H. In order to permit the City Council to review and evaluate changes to the goals of the B-2 District and the City's zoning regulations related to the B- 2 District, the Arden Hills City Council hereby determines that a moratorium on all new construction and the expansion of existing buildings in the B-2 District is needed. I. The City Council recognizes that insignificant changes to existing building in the B-2 District will not impair the City's ability to study the B-2 District's purpose and regulations; therefore, this moratorium shall not I apply to building expansions of less than 250 square feet provided the expansion does not negatively impact the surrounding transportation infrastructure and is in conformance with all other requirements of the Arden Hills Zoning Code and the B-2 District. 390.02 Duration of Moratorium. The moratorium will commence on the effective date of this ordinance and will continue for one year thereafter unless otherwise terminated or extended by action ofthe City Council. 390.03 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. 390.04 Separabilitv. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part ofthis 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 ordinance. Effective Date. This Ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Arden Hills City Council. Adoption Date. Passed by the Arden Hills City Council on this 26th day of November, 2007. STAN HARPSTEAD, MAYOR ATTEST: MICHELLE WOLFE Publication Date: December 5, 2007 2 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 390 On the 26th day of November, 2007, the Arden Hills City Council adopted Ordinance No. 390, and by four affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a summary of Ordinance 390 be published. Ordinance 390 is entitled "A Moratorium Related to the Construction or Expansion of New or Existing Structures in the B-2 General Business District," and it prohibits constructing new or expanding existing buildings in the B-2 District. The purpose of the moratorium is so that the City can study the purpose, regulations, and future ofthe B-2 District and prepare a small area plan to guide redevelopment in the B-2 District. The Moratorium will expire on the 26th day of November, 2008, unless further extended or modified by the City Council. A full copy of Ordinance 390 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. 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