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The original item was published from 11/11/2020 11:46:37 AM to 11/23/2020 12:00:02 AM.

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Posted on: November 11, 2020

[ARCHIVED] NOTICE OF PROPOSED ORDINANCE

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NOTICE OF A PROPOSED ORDINANCE Laws of Minnesota 2017, Chapter 77, created a new law in Minnesota Statutes, Chapter 415, that would require certain types of notice for many proposed ordinances or proposed amendments to ordinances.  Only interim ordinances have been exempted from this notice requirement.  Read on to view the proposed ordinance that will be considered at the November 23, 2020, City Council meeting:

Interim Ordinance No. 156, Fourth Series

 

An Interim Ordinance Creating a Moratorium for Conditional Use Permits for Multiple Family Residential (5+ Units) as Part of a PUD Involving the Reuse of an Existing Institutional/Commercial Building Within the City of Red Wing

WHEREAS, pursuant to Minnesota Statutes section 462.357, the City has the authority to regulate the use of land through the adoption and enforcement of official controls; and 

WHEREAS, pursuant to Minnesota Statutes section 462.355, the City has the authority to adopt an interim zoning ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens; and 

WHEREAS, based on direction provided by the Red Wing City Council, the Advisory Planning Commission began a study on October 20, 2020, of the City's official controls insofar as they relate to Division 47- 060 of the Red Wing Zoning Ordinance pertaining to housing density as it relates to Planned Unit Developments ( PUD) when reusing existing institutional/commercial buildings; and 

WHEREAS, the City desires to protect the planning process by providing sufficient time for its review of the City's Zoning Ordinance, including Division 47- 060, prior to any further zoning applications being filed for a corresponding Conditional Use Permit; and 

WHEREAS, the City desires to protect the planning process by ensuring that any ordinance changes need not be expedited and that all issues related to the reuse of existing institutional/commercial buildings in residential zoning districts, including housing density in Division 47 of the Zoning Ordinance, can be completely examined; and 

WHEREAS, the City desires to protect the public health, safety and welfare of its citizens by its study of its official controls in these areas; and 

WHEREAS, the Red Wing City Council deems it necessary to adopt an Interim Ordinance placing a moratorium on all pending and future zoning applications for Conditional Use Permits for Multiple Family Residential ( 5+ units) as part of a PUD involving the reuse of an existing institutional/ commercial building for a period of one year from the effective date of this Interim Ordinance to permit the planning process to take place and to allow City staff, the Advisory Planning Commission, and the City Council sufficient time to proceed in an orderly fashion to make any necessary changes, modifications, and updates to the City's official controls. 

NOW, THEREFORE, the Red Wing City Council Hereby Ordains: 

Section 1: Temporary Restrictions on Development Involving the Reuse of an Existing Institutional/Commercial Building. For a period of one year from the effective date of this moratorium, or until such earlier time as the City Council determines by resolution that the reasons for the moratorium no longer exist, the City shall not accept, process, or approve any pending or future zoning applications for Conditional Use Permits for Multiple Family Residential ( 5+ units) as part of a PUD involving the reuse of an existing institutional/commercial building. 

Section 2: Enforcement. The City of Red Wing may enforce any provision of this Ordinance by any and all means authorized by Red Wing Ordinances and State Statutes. 

Section 3: Effective Date. The Ordinance is effective 14 days following the publication of the Ordinance in accordance with the City Charter and shall be in effect for a period of one year, unless earlier terminated by the Red Wing City Council. 

Section 4: Severability. Every section, provision, or part of this Interim Ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this Ordinance shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. 


Introduced the 9th day of November, 2020 

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