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CITY OF LAKE ELMO <br />COUNTY OF WASHINGTON <br />STATE OF MINNESOTA <br />ORDINANCE NO. 08-160 <br />AN ORDINANCE TERMINATING THE MORATORIA DECLARED BY <br />ORDINANCES NOS. 08-123 (EXTENDED BY ORDINANCE NO.08-146) AND 08- <br />156 THAT IMPOSED MORATORIA ON CERTAIN DEVELOPMENT <br />ACTIVITY WITHIN THE CITY <br />WHEREAS, on July 7, 2015, the City Council (the "Council") of the City of Lake Ehno <br />(the "City") adopted Ordinance No. 08-123, pursuant to its authority under Minnesota Statutes <br />Section 462.355, subdivision 4, which established a 12 month moratorium on the consideration <br />and/or approval of any residential and related use or mixed -use subdivision or residential and <br />related use or mixed -use development project within the State 1, 2, or 3 Staging Areas as <br />identified in the Lake Elmo Comprehensive Plan with certain exceptions ("Ordinance No. 08- <br />123); and <br />WHEREAS, Ordinance No. 08-123 was adopted as a result of the City receiving a draft <br />of the 2040 regional forecast from the Metropolitan Council that would reduce the number of <br />households and total community population by a substantial margin from the 2030 forecast as <br />part of the City's 2015 System Statement and the City wished to undergo a planning process and <br />adopt an interim growth management strategy in order to rebalance the future land use plan and <br />guide residential development in a manner consistent with the 2040 forecast; and <br />WHEREAS, because the City's shoreland regulations were under review by the <br />Minnesota Department of Natural Resources (the "DNR"), on July 5, 2016, the Council adopted <br />Ordinance No. 08-146, An Interim Ordinance Extending the Moratorium on Residential <br />Development within the Stage One Development Area and All Development Activity within the <br />Stage Two and Three Development Areas as Described by the Lake Elmo Comprehensive Plan <br />("Ordinance No. 08-146") pursuant to the extension authority in Minnesota Statutes Section <br />462.355, subdivision 4 (c)(1); and <br />WHEREAS, because there were properties that are in the Shoreland District that were <br />not included in the moratorium because they were outside of the Stage 1, 2, and 3 development <br />areas and because the City's shoreland regulations were still under review by the DNR, on <br />October 18, 2016, the Council adopted Ordinance No. 08-156, An Interim Ordinance <br />Authorizing Continuance of a Study of the City's Shoreland Regulations and Imposing a <br />Moratorium on Development Activity within the Shoreland District ("Ordinance No. 08-156"); <br />and <br />WHEREAS, the DNR has communicated that the review of the City's Shoreland <br />regulations is nearly complete; and <br />491885v1 SJS LA515-1 I <br />