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0585
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3/30/2006 11:42:38 AM
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<br />, . <br />- , <br /> <br />.' <br /> <br />. . <br /> <br />... 2: <br /> <br />excavating, and construction of improvements could cause or hasten <br />release of hazardous substances, pollutants or contaminants into <br />the environment or exacerbate environmental hazards to workers on <br />the SUbject Property. Such activities could also frustrate or <br />delay remedial action. In addition to hazards to health and <br />safety, such environmental problems can have an adverse effect on <br />the value, use and enjoyment of the contaminated parcels and <br />neighboring parcels, be a contributing factor in blight and <br />deterioration, adversely affect orderly development and <br />redevelopment, and generally deny to the citizens of the city the <br />protection and advantages which the zoning ordinances and other <br />official controls are intended to secure. <br /> <br />1.06. The Council has determined that current zoning, <br />subdivision and building controls in the Ci ty do not provide <br />adequate protection against such adverse effects, and that there is <br />a need for an interim ordinance to be adopted for the purpose of <br />protecting the planning process and the health, safety and welfare <br />of the citizens of the city and to ensure that the city and its <br />citizens retain the benefits of the city's comprehensive plan, <br />zoning ordinance and other official controls until a study can be <br />conducted and any modification to the city's zoning, land use or <br />building regulations are adopted. The Council has concluded that <br />the Subject Property should be included in the area affected by <br />such an interim ordinance because state and federal authorities <br />with the greatest expertise in such matters have determined that <br />this area represents the greatest hazard or threat and is therefore <br />deserving of the greatest commitment of effort and resources of <br />governmental regulatory authorities. <br /> <br />1.07. The Council has directed that a study of the <br />adequacy of the current code as it applies to such contaminated <br />sites be undertaken by the City's appropriate Boards, Commissions, <br />staff and/or consultants. <br /> <br />1.08. Minnesota Statutes section 462.355, Subd. 4 (the <br />"Act") permits the adoption of interim ordinances during the <br />planning process; and this ordinance is adopted pursuant thereto. <br /> <br />section 2. <br /> <br />Determination. <br /> <br />2.01. During the period that this interim ordinance is in <br />effect, no part of the Subject Property may be developed or <br />redeveloped, nor shall any site plan approvals, rezonings, licenses <br />(other than renewals), plattings or replattings, land divisions or <br />consolidations, special use permits, grading permits or building <br />permits for the Subject Property, or any part thereof, be issued by <br />the city. <br /> <br />2.02. Notwithstanding any provISIon in this ordinance to <br />the contrary, the city council may take action otherwise prohibited <br />by paragraph 2.01 if it determines, after a public hearing thereon <br />with at least 10 days published notice, that: <br /> <br />C:\WPS1\ORD\MRTORIUM <br />Page 2 of 3 <br />
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