(A) Pursuant to M.S. § 462.355, subd. 4, the City Council has directed a study to be conducted for the purpose of reviewing and/or evaluating the amount, desirability and location of industrial use activity within the city (the “Study”). The Study may include recommendations to amend the existing Comprehensive Guide Plan and zoning ordinances.
(B) The Study affects all land located within the City of Apple Valley which is:
(1) Designated as mix-mixed use, on the 2020 Land Use Map, as adopted as part of the city’s Comprehensive Guide Plan; and
(2) Zoned Limited Industrial (I-1), General Industrial (I-2) or Sand and Gravel (S and G) under the city’s zoning ordinance (the “Property”).
(C) The City Council adopted Ordinance No. 791 on May 25, 2006, establishing the Study and the terms thereof applicable to the Property for the purpose of protecting the planning process and the health, safety, and welfare of the residents.
(D) Ordinance No. 791 set a termination date of November 30, 2006, which was extended by Ordinance No. 799 to January 31, 2007.
(E) The Study is not complete and it is necessary and in the best interest of the city to extend the termination date to May 31, 2007. The Property shall be subject to the following pending the termination date of May 31, 2007:
(1) No building permit for the construction, reconstruction or alteration of any structure shall be issued for the Property, except for permits for the necessary repair of existing buildings, as determined by the City Council. Notwithstanding the foregoing, a building permit may be issued for construction of an addition, not to exceed 625 square feet in area, to the existing building located on real property legally described as Lot 1, Block 1, Magellan Addition, according to the recorded plat thereof, Dakota County, Minnesota.
(2) No proposal for rezoning or amending the comprehensive plan shall be recommended for approval or approved by the City Council.
(3) No portion of the Property shall be replatted or subdivided, except for consolidation of parcels of land into single ownership.
(4) No conditional use permits (CUPs) or variances shall be recommended for approval or approved by the Planning Commission or the City Council, except that the City Council may renew existing CUPs or approve amendments, modifications or revisions thereto.
(Ord. 791, passed 5-25-06; Am. Ord. 799, passed 11-21-06; Am. Ord. 802, passed 12-27-06; Am. Ord. 803, passed 1-11-07)