The URL can be used to link to this page

Home My WebLink About0659 a:. ORDINANCE NO.659 .CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF CERTAIN RESIDENTIAL DEVELOPMENT THE CITE COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Definitions. The following terms whenever used. in this ordinance shall. be interpreted to .mean: - Low and Moderate Income Housing means owner occupied or rental housing that meets affordability levels as defined in the Metropolitan Livable Communities Act. Plat means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes Chapter 505 and containing all elements and requirements set forth in applicable Lakeville city ordinances adopted pursuant to Minn. Stat. § 462.358 and Chapter 505. ResidentiaC means use as a dwelling, including single-family attached and detached, two- family, and multiple family dwellings; but not including hotels, motels, .institutions, and boarding homes. Senior Housing means a multiple dwelling building. or group of buildings where the occupancy of the dwellings is restricted to persons 55 years of age or older or couples where at least one of whom is 55 years of age or older. SECTION 2. Purpose and Intent. It is the intent of this ordinance. to allow the City time to complete planning studies and adopt appropriate land use controls, and in the interim to protect the planning process and the health, safety, and welfare of the citizens of the community. An indepth study of the following is needed: • A comprehensive revision of the City's Zoning Ordinance. • Land use/Growth management. SECTION 3. Factual Background. The study and subsequent amendments to the zoning. ordinance are needed for the following reasons: • The City has already approved over 500 housing permits this year. Unless constrained, the total permits for the year may exceed 650. 8oiaa.os 1 JJJ:r09/08/99 • Previous City analyses recommended lower targets to avoid or minimize adverse impacts of development, specifically the City's Strategic Growth. Management Task Force in 1992 recommended a target of 450-550 residential housing units and more recently the City's 1998 Strategic Growth Management Task Force concluded that the City cannot prudently .sustain more than 400 to 450 housing starts per year. • The .City has had to use reserves to cope with levy limit imposed by the State. • The Metropolitan Council's regional blueprint provides for priority funding to upgrade and replace infrastructure serving existing urban development, not new development such as that taking place in Lakeville. • The City lacks adequate funding from the State and the region to accommodate the proposed increase in population under current growth patterns. • To adequately support the current/projected rate of growth within the City, the. City needs new and expanded public infrastructure including expansion of the City's water treatment facility; expansion of City Hall, and an additional fire station. • The City of Lakeville and Dakota County's transportation systems must also be expanded to accommodate growth inside the City and growth occurring outside the City in Dakota and Scott County that results in additional trips within Lakeville, including I35 interchange improvements at County Road 70, County Road 60 and County Road 50. The City and County have also identified the need for a new east-west corridor to serve this. growth, but. the location and funding for the project have not been identified. • The City is in the process of creating the Ipava Avenue cortidor from the terminus south of 1850i Street to the High School. Changes in official controls may be needed to support the new corridor. • The City has received COPS grants totalling over $900,000. When the grants end the City will have to fund the cost of the additional police officers out of existing City revenues or find other sources of financing these positions. • The student population within the School Districts serving Lakeville is challenging the Districts' ability to provide timely financing and construction of adequate school facilities. • A recent survey of Lakeville residents determined that residents support more open space. • The City has just begun the preparation of an updated parks and open space plan. • The City has approved a new comprehensive plan and on August 18, 1999 the Metropolitan Council approved its implementation by the City. • State law (Minnesota Statutes § 473.865, Subd.3} requires .the City to .bring .its Zoning Ordinance and other. official controls into conformance with the City's. new comprehensive plan within nine months. sotaa.os 2 JJJ:r09/08/99 • The City has previously adopted an interim ordinance prohibiting most new. adult uses but the City has not completed the necessary studies to implement .appropriate changes in its official controls. SECTION 4. Temuorary Prohibition. Pending the completion of the above referenced study and adoption of appropriate official .controls, no plat for residential development shall be processed or approved and no applications for such approval will be accepted. This ordinance shall not apply to the following: (1) Plats .which have been preliminarily approved by the City Council prior to the adoption of this ordinance, unless that approval is void pursuant to Sections 10-2-2 and 10-2-3 of the Lakeville City Code. (2) Plats for senior housing. (3) Plats for low and moderate. income housing. (4) Development commitments that have previously been approved by the City Council in settlement of litigation. (5} Plats for which a preliminary plat application have been completed and filed with the City prior to the adoption of this ordinance. SECTION 5. Effective Date. This ordinance shall take effect upon passage and shall remain in effect until it is repealed in conjunction with the date of the adoption of the official controls. contemplated hereunder or May I8, .2000, whichever occurs first. ADOPTED this 7th day of September, 1999, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: ~ cane R. Zaun, or TTE Charlene Frie ges, Ci lerk 80(44.05 3 JJJ:r09/08/99 PUBLIC NOTICE ORDINANCE NO. 659 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF CERTAIN RESIDENTIAL DEVELOPMENT CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Definitions . The fol- lowing terms whenever used in this ordinance shall be interpreted to mean: Low and Moderate Income Housing means owner occupied or rental housing that meets affordability AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS levels as defined in the Metropolitan NANCY J. GUSTAFSON, being duly sworn, on oath says that she is an authorized agent Livable Communities Act. Plat means the drawing or and employee of the publisher of the newspaper known as Thisweek-Life & Times, and has map of a subdivision prepared for filing of record pursuant to Minne- full knowledge of the facts which are stated below: rota Statutes Chapter 505 and con- taining all elements and require- ments set forth in applicable Lakeville city ordinances adopted pursuant to Minn. Stat. § 462,358 and Chapter 505. other official controls into con- formance with the City's new com- prehensive plan within nir months. (B) The printed 65-9 • The City has previously adopts an interim ordinance prohibitin most new adult uses but the Cit has not completed the necessar studies to implement appropriat . changes in its official controls. SECTION 4. Temporary Prohi- which is attached was cut from the columns of said newspaper, and was printed and pub- bition. Pending the completion of the above referenced study and adoption of appropriate official controls, no plat lished once each-Week;'for sus; it was It for residential development shall be al tiprocessedsffor oc approvedal and na acceapppted At s tions for such approval will be acts ted. first published on Saturday, the t dayof u This ordinance shall not apply to the to following: and was thereafter printed and published on every Saturday to and including (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331 A.02, 33 I A.07 and other applic- able laws, as amended. d g y y e c, fi (1) Plats which have been prelimi narily approved by the Cit} Council prior to the adoption of this ordinance, unless that ap- proval is void pursuant to Sec- tions 10-2-2 and 10-2-3 of the Lakeville City Code. (2) Plats for senior housing. (3) Plats for low and moderate in- come housing. (4) Development commitments that have previously been ap- proved by the City Council in settlement of litigation. (5) Plats for which a preliminary plat application have been com- pleted and filed with the City prior to the adoption of this or- dinance. SECTION 5. Effective Date. This ordinance shall take effect upon pas- sage and shall remain in effect until it is repealed in conjunction with the date of the adoption of the official controls contemplated hereunder or May 18, 2000, whichever occurs first. ADOPTED this 7th day of Septem- ber, 1999, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: (s) Duane Zaun Mayor ATTEST: (s) Charlene Friedges City Clerk (Published in the TM/meek-Life & Times on September 11, 1999.) Logirinibsok Saturday, the day of ;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: BY: abc at{ l `{ TITLE: Secretary Subscribed and sworn to before me on this \--Hittay of Q 1`C Notary Public C�CL J. HAVERLAND NOTASY PUBLIC - it'INNESOTA PU;1 My Commission Expires Jan. 31.2000