Ord 562 Temporary Moratorium on Properties in Critical Area DistrictCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.562
AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON
PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND
BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN
THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS
The City Council of the City of Mendota Heights, Dakota County, Minnesota (the "City")
does hereby ordain as follows:
WHEREAS, under Chapter 3 Critical Area Overlay District of the Mendota Heights City
Code, the City of Mendota Heights finds that the Mississippi River corridor within the
metropolitan area and the city is a unique and valuable local, state, regional and national resource;
the river is an essential element in the local, regional, state and national transportation, sewer and
water and recreational system and serves important biological and ecological functions; and the
prevention and mitigation of damage to this resource and the preservation and enhancement of its
natural, aesthetic, cultural and historic values is in furtherance of the health, safety and general
welfare of the city; and
WHEREAS, the City of Mendota Heights has determined that certain development
activities in the current Critical Area Overlay District may pose a threat to surrounding properties
and may be detrimental to the public health, safety, and general welfare of the citizens of the City
of Mendota Heights; and,
WHEREAS, the City's comprehensive plan, zoning, and development regulations may
not adequately address various impacts to the public health, safety, and general welfare that
potential uses or new developments may present to the overlay district; and,
WHEREAS, in order to provide adequate time for study, analysis, and consider
finalization of potential city code or comprehensive plan amendments related to any new
development in the Critical Area Overlay District and/or Mississippi River Critical Corridor Area
("MRCCA"), the City Council of the City of Mendota Heights, Minnesota, does hereby ordain the
following:
SECTION I. AUTHORITY.
1.1 The City of Mendota Heights is authorized under Minnesota Statutes Section
462.355, Subd. 4, to regulate, restrict or prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof while the City 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.
SECTION 2. PURPOSE
2.1 The purpose of this interim ordinance is to protect the planning process and to
ensure the health, safety, and welfare of the citizens of Mendota Heights by placing a temporary
moratorium on the submittal and consideration of critical area permit applications needed to
authorize and approve any proposed building permit, zoning approval, subdivision approval, or
certificate needed for any action or development on properties situated in the Critical Area Overlay
District within the City.
2.2 The ordinance will allow the City to complete a studies and consider adoption of
comprehensive land use and zoning regulations and/or amendments.
2.3 The City Council is concerned that the City's current zoning regulations, especially
Chapter 3 — Critical Area Overlay District, may not adequately address specific land use standards
and regulations needed to protect the properties in and around the critical area district.
2.4 In addition to the proper zoning classifications and development standards of such
uses, there are a number of significant planning and land use issues pertaining to the regulation of
such uses in this overlay district.
2.5
Minnesota Statutes,
Section 462.355, sub. 4, permit the
adoption of an interim
ordinance to
regulate,
restrict, or
prohibit any use, development, or
subdivision within the
jurisdiction or
a portion
thereof for
a period not to exceed one year from the date it is effective.
SECTION 3. PLANNING AND ZONING STUDY; MORATORIUM.
31 A study is authorized to be conducted by City staff or a contracted consultant in
order to determine new land use standards and regulations to be adopted and implemented into an
updated Critical Area Overlay District chapter or a new MRCCA chapter. The scope of the study
should include, but is not limited to the following:
a) The statutory authorization and policies of the city;
b) General provisions and definitions of the district;
c) Administration of the district;
d) Special land use provisions, including structure standards such as height, placement
(setbacks) and lot sizes;
e) Performance standards for private and public facilities;
f) Vegetation and woodland management standards;
g) Land alteration standards;
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h) Stormwater management standards; and
i) Subdivision and land development standards.
3.2
Upon
completion of the study, the
matter
is to be considered by the Planning
Commission
for its review and recommendation to
the City
Council,
3.3 Pending completion of the study and adoption of any amendments to the City's
official controls, a moratorium is established on the issuance of any development and land -use
approvals, including but not limited to critical area permits, preliminary plats, re -zonings,
variances, conditional use permits, site plans, and/or building permits and licenses.
3.4 Exempted from this moratorium will be any development or construction activity
that meets the requirements of City Code Section 12-3-5(1)) as a minor development; or any
development or construction activity that does not expand the outer footprint of a building or
attached structure.
3.5 Specific properties located in Mendota Heights which are exempted from this
moratorium include:
a) 1680 Lexington Avenue (PID # 27-02300-50-010)
b) 1498 Mendota Heights Road /Dakota County Big River Regional Trail Park (PID #
27-03300-80-010)
3.6 This ordinance will be effective for a period of twelve (12) months after its effective
date.
SECTION 4. ENFORCEMENT
4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by
imprisonment for up to 90 days and a fine of $1I00 or bothIF "0 the costs of prosecution. Each
day that a violation occurs shall be considered a separate offense.
4.2 The City may enforce any provision of this ordinance by mandamus, injunction or
any other appropriate civil remedy in any court of competent jurisdiction.
SECTION 5. SEPARABILITY
5.1 Every section, provision or part of this ordinance is declared separable from every
other section, 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 ordinance.
Ord. 562 Page 3 of 4
This Ordinance shall take effect immediately upon passage and shall remain in effect until the date of
the adoption of the official controls contemplated hereunder, the repeal of this ordinance, or February
16, 2022, whichever occurs first.
Adopted and ordained into an ordinance this 16a day of February, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST
Lorri Smith, City Clerk
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