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<br />. ORDINANCE NO. 623 point seven hundred (700) feet north of said
<br />AN ORDINANCE FOR PROTECTING THE oentertine.
<br />PLANNING PROCESS AND THE HEALTH, 2.023. Southeast Quadrant. Prope'rtles
<br />SAFETY AND WELFARE OF THE which abut the east side of Old Highway 8,
<br />IilEStDENTS OF THE CITY, PLACING A betWtlen the centerline of Highway 96 and a
<br />MORATORIUM ON NEW DEVELOPMINf IN point four hundred fifty (450) feet south of said
<br />CERTAIN AREAS OF THI! CITY OF NEW centerline.
<br />BRIGHTON ALONG THE OLD HIGHWAY 8 2.03. Northwest Quadrant Site. Properties
<br />CORRfDOR. bounded by Old Highway 8 on tha wast, 14th
<br />THE CITY COUNCIL OF THE CITY OF NEW Street NW on the north, 1.35W on the east,
<br />BRIGHTON ORDAINS AS FOLLOWS: and 1-694 on the south. '
<br />section 1. Backoround. 2.04. MacGiHis and Gibbs site. Properties
<br />1.01. In 1987 the City Council accepted the boundad by 5th Avenue NW on the aast the
<br />New Brighton Highway Eight Corridor Plan, MT PropertieS, Inc. (formerly Minnesota' Belt
<br />, prap,arad by Gair and Associates" 8S a Llne.RY) ratlroad right-of'way ;onthe ~t.
<br />resource, document to Identify vacant or Old "'Ighway 8 oft the' north, and 1st Slreet
<br />u~tlliiZed properties which were available . lW{()I')thesouth. I ,.". ,.
<br />or cOuld be rriadeavailable for appropriate 1.2iP!l;,.~iflhway8,60u,tl:ll' C0mmer~llJl
<br />development or redevelopment, and to direct Industrial AIlHl' Properties adjaoant to and on
<br />. such future development and redevelopment. the ..vest side of Old Highway 8 between
<br />1.Q2. Since 1987 many properties in the County Road E and 8th Street NW; and
<br />study area of the Highway Eight Corridor Plan properties .bOUnded by 1 st Street NW on the
<br />have been developed or redeveloped. The south, Old Highway 8 on tlle west and north,
<br />Plan has not been updated since 1987. and the MT Properties, Inc. (formerly
<br />1.03. Minnesota Statutes, Section 473.864, Minnesota Belt Line RY) rellroad right-of-way
<br />subd. 2 requires the city to review and, if on the east.
<br />necessary, amend its comprehensive plan 2.06. Highway 8 North Commercial
<br />and official controls by Decamber 31; 1998. Industrial Area. Property bounded by Old
<br />1.04. The city's comprehenSIVe plan has not HighwayS on the east, Long Lake Park on.
<br />been updated since 1990. the north and west and 1-694 on the south.
<br />1.05. As required by law the city will be 2.07. Railroad Site. Property bOunded by 1st
<br />reviewing, updating and amending Its Street NW on the north. the MT Properties.
<br />comprehensive plan and officiallXllllllills.1nc, (for.merly Minnesota Bell Line RY)
<br />1.08. The city council has determined that railroad rlght-of-way on the south, 8th Avenue
<br />certain areas of thaClly along' the Old NW on the west, and the extended easlllne of
<br />Highway ,Eight Corridor are vacant or under. 5111 Avenue NW on the east. '
<br />utilized. suffer from Inefficient lot layout, are 2.08. USF Holland Site. Property bounded
<br />significantly contaminated, or are occuplei:fby by 1st Street NW on the south, the MT
<br />nonconforming uses. Additionally, ,certain Properties, Inc. (formerly Minnesota Belt Line
<br />properties in the city are used or iZOned for RY) railroad right-of-way on the west and
<br />uses which are not compatible with use or north and the property located at 348 1 st
<br />zoning of adjacent or nearby properties, or Street SW on the east.
<br />which may not becompatlble with the toning Sectton 3. Prohiblt1on.
<br />of adjacent or nearby properties after the city 3.01. Except as provided In Section 4,
<br />has reviewed and amencfed its during the period this Interim ordinance Is in
<br />comprehensive plan and official controls. effect, no properties subject to the moratorium
<br />1.07. The city council has determined that may be developed, or recMValoped and no
<br />certain areas affected by this ordinance suffer site pIen approvals,r'ezonlngs, Ilcenses(other
<br />from Inelliclent or hazardous traffic circulation, than renewals), plattings or replattlngs, land
<br />and the council has, under consideratIOn a divisions or conSolidations, special use
<br />number of changes or extensions oIpld:lllc permits, Of building permits will be
<br />roads In the vicinity of the Old Highway Eight considered; approved or granted by the city.
<br />Corridor which are not consistent with the Section 4. Exceotion.
<br />currl!nt comprehensive plan or official 4.01. This ordinance shall not apply to:
<br />controls. a) developments or redevelopments which
<br />1.08. In connection with consideration of an have secured all necessary, approvals other
<br />application for a special use p~rmit and other than bulldlng permits; .
<br />development proposalS In the area affected b) i!lSuahce of building permits for projects
<br />by. this ordinance, the city council has which dO not require site plan approval
<br />'reviewed the exis1ing and potentUiI pursuant to New Brighton City Code, Sectlon
<br />development In the area. As a re$Uh of that 8-010; or
<br />process, the Council has determined that c) final plat or subdivision approval which
<br />current land use controls do.. not adequately have received preliminary plat approval prior
<br />address the various land,useconcerns to the effective date of this ordinance,
<br />.~ above. . , ..prClVlded all,COndltiOn"S, of preliml,na!y plat
<br />1.09. Too~c111M .:Mtef\..I,m ~~~n.sal1~.. .
<br />that there is a need for further studies to be Section 5. Effect on Pendino Applications.
<br />conducted so that the city may adopt 5.01. All applications subject to this mora-
<br />appropriate amendments to its torium which are pending or which are
<br />comprehensive plan and zoning code so as to received during the time this ordinance is in
<br />ensur8 'Protection of tRepubllc, health, safety effect shall be deemed to be denied for
<br />and welfare. The council has directed that purposes of Minnesota Statutes, Section
<br />_ .-~- such studies be undertaken. ' 15.99. The City Manager shall cause
<br />2. ~,_.~tnrilJrn.. 1.10. Due to the pendency of an application notlflcetion of such denial to be given to all
<br />,.,,' SUbJect to the proVl~bf Ifor a special use permit for developinent applicants stating the adoption of this
<br />liS, ,mo .,,':iUJJe the propert,eswhlch may not be consistent with future ordinance as the reason therefor. Fees paid in
<br />~ribed below In~2.o2 through I amendmants to the GQmprehenslve plan and connection with such applications shall be
<br />,08, ,,"',~I~'''~_ official controis and the potential for other ,returned or refunded to the applicant.
<br />2:il2. Highway 96 Gateway Site. " . such development, the council has Section 6. Effective and Termination Dates.
<br />2.021. Northwest Quadrant. Property determined that there isa need for an interim 6.01. This ordinance shall be effective on
<br />!)I,lnded.on the east ~y Old Highway 8,on \ordlnance to be adopted pursuant to the date fOllowing its publiCation.
<br />.esouth by an extenslOf1 of the centerline ,of Minnesota Statutes, Section 462..S55,SUb(I. 6.02., This ordinance shall be repealed
<br />:ighWSy 96, on the. west by a tine parallel to 4, for the purpose of protecting the planning without further action by the City Council on
<br />nd elght-hUr1dred.fifty (850) feet west Of the !proqess and the health, safety and welfare of March 31, 19l1.Z, unless earlier amended,
<br />9I1Ierline of old Highway 8, and on ~e north 'the citizens of the city, and ensuring that the repealed or extended by ordinance duly
<br />.y a line parallel to and SIX hundred fifty (650) city and its citizens retain the benefits of, and adopted by the City Council.
<br />~et north of the extension of the centerline of ,the protection sought to be afforded by, the III Robert Benke
<br />:lghway 96., [City's comprehensive plan and zoning Mayor
<br />2.o22.NQrtheast Quadrant. PropertieS i .Cltdinances until the study process Is complete III Matt S.Fulton
<br />':hich abut the eas~ side O! ()Id Highway 8 and any modifications to the city's City Manager
<br />.etween the centarltne of H,ghWay96 and a comprehenslye plan and zoning ordinance ATTEST: III.......... Egan
<br />'io..P~OrM effective. ,City Clartr*lnance Director
<br />(Bulletiil:Sept. 4, 1996)
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