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<br />ORDINANCE NO, 870
<br />AN ORDINANCE FOR PROTECnNG THE
<br />PlANNING PROCESS AND THE HEALTH,
<br />"'WAFETV AND-WELFARE OF THE
<br />-RESIDENTS OF THE, CITY, PLACING A
<br />..;,",ORATORIUM ON NEW DEVELOPMENT
<br />OF MULTI.FAMILVHOUSlNG WITHIN THE
<br />
<br />~~' CITY CO.UNCILO'F THE CITY OF
<br />~w BRIGHTON ORDAINS AS FOllOWS:
<br />Section 1 Backaround.
<br />1.Q1. The city has conducted studies relating
<br />If housing within the city, InclUding "An
<br />. 'itlelysis of the New Brighton Housing Market"
<br />.,.June 1993 (the "HousingStudyj, "A Vision
<br />f., the Heart of New Brighton" in July HI97
<br />... "Vision Study"), haS reviewed hou....,
<br />lI8Ues as part of the process of updating c:lIy',
<br />....prehensive plan (the "CompreheAlive
<br />.......'" and as a fu.,ction of its participatiClll In
<br />dI. Local Housing Incentives Acca"'"
<br />lI,ogram under the Metropolitan Llva."
<br />e-.... .... ........ """""-
<br />, mentation~), and has been involved, ...,
<br />members of the North Metrol-35W
<br />, or Coalition (the -Coalitionj, in Ii mull-
<br />, 'E' ctional review of housing and other Ia....
<br />" .." Within t, he Coalition's member citle..
<br />neae studies, plans, and reviews are
<br />ltlcOrpOrated herein by reference,
<br />, .0Il. The Housing Study found that:
<br />.: .To r~ain 'Iital, New Brighton will have to
<br />tjllllintaltlltll exiel"""hOl,lsiligittoCkando/
<br />~_to apJ7M' to t!'1try"l'8Yel and 11lO\Ie-uP
<br />~ bUyers." ",' ,
<br />)). "ey the year 2000, two-thirds of New
<br />Brighton's housing will be ,over 30 years old.
<br />At this point, the house may beshOWin,SIgn&
<br />of deterioration." -, - ' , , .,'
<br />c. APproximately 30% of the city'. hOllSinIJ
<br />stock consisted of apartmentS,'wiftlless than
<br />56% consisting of single-family units.
<br />1.03. The Vision Study concluded that
<br />, a. The Old Highway 8 c;orrtdor wash clty's
<br />_ ".gateway" and was in need of ",lite cycle
<br />,f1ousing for all sectors, of the people of New
<br />Brighton. "
<br />b. "The important thing [In this area) will be
<br />to protect the edges of existing single.family
<br />neighborhoods so that ,they can be
<br />maintained as quality living environments,"
<br />1 ,04. The Comprehensive Plan Indicatee
<br />that:
<br />a. In 1997, multi-family housing units
<br />continued to make up more than 30% of the
<br />city's housing stock. .
<br />b. New Brighton's rental housing stock
<br />mainly consists of 'older apartment buildings
<br />-thatlaG~.Ule .a~ili.. Qff.Uld~~
<br />apartment buildings."
<br />c. The issue, identified Ioltw","loUling Study
<br />remain the matters of greateat concern to the
<br />-.city, .
<br />...d. The city lacks an adequate number of
<br />,moderate to upper,level Income apartment
<br />;$'nlts. ",
<br />j<!.1.05, The Livable Communities Documen-
<br />,.tion indicates that:
<br />~, The city exceeds ,its goal for affordable
<br />II..6ntalhousing, ,but does not maet'1ts goal for
<br />!Jffordable owner, -occupied housing under the
<br />livable Communities AI;;t.
<br />ii'b: The city's owner to renter latlo is lower
<br />than its goal under the Livable Communities
<br />Act.
<br />1.06. the Coalition is engaged in discussions
<br />about how best to plan and distribute
<br />transportation services and other amenities
<br />housing, industry, and commerce among th~
<br />member cities.
<br />#i'~1.07, City staff and residents have raised
<br />III!;lIoncerns about the effect on the city's abilities
<br />to meet Its housing goals if additiOnal multi..
<br />
<br />:t:::~~:~na:=
<br />
<br />;.t6hanges are considered: .,
<br />1.08. The city must proceed iurther with
<br />planning and study before it can determine
<br />the appropriate mix, of owner-occupied and
<br />rental units wilhin the city.s housing stock, the
<br />most desirous ,locations for new multi-family
<br />housing within the city, and the rilOstefflcient
<br />:....transportation and other facilities to serve
<br />residents of the city.
<br />
<br />$dtn',~""". """', '" 'to
<br />2.01., AI property '-dtyt#
<br />the piov\*"",". ~ .,' '.
<br />~~~..~~~l8rICe
<br />
<br />Is in 8fIect, no "inulPpMHaIfllly ~. (ae
<br />delined by the clty'lI zonlngeocte) may be
<br />constructed or developed. and no tit. ptan
<br />approvali', teJlbning8; lIef""I, (~er' than
<br />renewals), plattlnglOr replat\lnlll. 'and
<br />divisions or coneolidatlone, special ule
<br />permits, or bulldinllP.rmlta will b.
<br />~ed, ~,orgranted by theClty
<br />_~ purpoI8 of c:onStruCtlnlI or dewtqplng
<br />_,,' ,a a IT mOl"" IIllli!.. Illy dw8IIlnI1' . "
<br />,~'4iS:""'AdIorL '
<br />","'1. ThIs, 0Idlnance ahall not apPly .. ---
<br />_olion offacUlties that are defl'" -
<br />. Mpl.famIIY ctweIIlnglI by ltle city'. .....
<br />.... but that must be tr.... ,118 Iingte ....,
<br />.... for, zoning JUPOMlI, unci<< state iii.."
<br />4.02. :rhisordinllnCe shall not apply to .. .
<br />40lstrict or tod.v,lopmentlln ""-
<br />_riet that Include milled commercilll ...
<br />ltIlldential U8QS. '
<br />IIc:tIon 5.EffecI on 5hM'I(Ilna ..~.... --
<br />'.01. All applicatlonl sublett to ...
<br />....-.torium'that are' pending, or wtliqlt_
<br />.-lved during ltIe time thII ordinarlOta III
<br />Act shall btt deemed to-' d.nl.....
<br />,.,..POlles ot Minnesota Statut.., S~
<br />tl.W un"'such"appliC8UQnI."~
<br />... sU8~nded by ,tlte appjlcant. ,Tht',"
<br />"nager "'an cause notlficatlon.of.....
<br />. cIInial to be given to all appIlce........
<br />.-ption of thi. ordinance as the,.......
<br />denial. Fees paid in connection with ..
<br />appliQatiO,. shall be retU/'l\ed or refUndlill (Q
<br />the applicant.
<br />Section 6. FhcIlve and Ter~ Dates.
<br />6.01. This ordinance $hall be eftegtiye on the
<br />date following Its publiciltion.
<br />6.02. Thl. ordlnanc. shall be repealed
<br />without further action by ltle City Council on
<br />the date Sill months from Ite effective date
<br />un\es8 e8f\Ief amencted, repa8led or ell:WIded
<br />by ordinance duly adopted by the CItY
<br />Council.
<br />
<br />'" Itwe lAnon, -.yor
<br />1aI.... I. "'lion, CIty .........
<br />ATTEST:
<br />IaI ........1!p1
<br />City a.tl/FI.... DlNCtor
<br />(Bulletin: June 7, 2(00)
<br />
<br />~l.oe. The oouncil has dIlIMo...... thIIt there
<br />a nMd for fuI1her ~ toile conducted
<br />_0 that, the cIty may consider appropriate
<br />::tm~dments to its comPf8l18nslv.' plan and
<br />.... " om~ code so as to ensure, protection of the
<br />,..; PUbliC, health. $afety and welfare. The council
<br />:;i flas dIrected ,that such studies be undertaken.
<br />~,1.10. Due to the potential for new const
<br />O'ion of mUlti-.famlly units during the t:::~
<br />iIltudles. are being undertaken, the coutlCil has
<br />. .jeterlnlned that there is a need for an intll/'irn
<br />o~dlOance to be adopted pursuant to
<br />Minnesota Statutes, section 482.356 Sub<!
<br />4, for the purposa of proIiecting the piann' .
<br />'Pmc~~s and the' health, Nfety and welfar~~
<br />the. citizens ?~ the city, and ensuring that the
<br />City and its Citllens retain the benefits of nd
<br />the protection sought to be afforded by ~h.
<br />Clt~ S COMprehensive plan, and zO~ing
<br />,ord'l1llriCes ul1tl' the study process is complete
<br />and any mOdifications to the' city's
<br />comprehensIVe plan and zoning ordinance
<br />become declive.
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