HomeMy WebLinkAbout#15 _Moratorium_Extension_Ordinance482291v1 SJS LA515-1
MAYOR AND COUNCIL COMMUNICATION
DATE: 7/5/2016
REGULAR
ITEM #:
AGENDA ITEM: Consideration of an Interim Ordinance Extending the Moratorium on
Development
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Sarah Sonsalla, City Attorney
BACKGROUND:
On July 7, 2017, the City Council adopted Interim Ordinance No. 08-123 declaring a moratorium pertaining
to development in the Stage 1, 2 and 3 development areas for a 12 month period. The ordinance went into
effect upon its publication on July 22, 2015. It is due to expire on July 22nd of this year.
After conducting a public hearing, the City may extend an interim ordinance for up to an additional 120
days following the receipt of the final approval or review by a federal, state, or metropolitan agency when
the approval is required by law and the review or approval has not been completed and received by the City
at least 30 days before the expiration of the interim ordinance.
The City’s shoreland regulations affect the use and development of property in the Stage 1, 2 and 3 Staging
Areas. The City recently revised its shoreland regulations in order to bring them into compliance with the
state law. The City sent its revised shoreland regulations to the Department of Natural Resources (“DNR”)
for the DNR’s review. The shoreland regulations are required by law to be reviewed by the Department of
Natural Resources (“DNR”). The City has not received notification from the DNR that the DNR’s review
has been completed. Therefore, the City could extend the interim ordinance on this basis.
At its June 21, 2016 meeting the City Council called for a public hearing on the extension. Notice of the
public hearing was published in the City’s official newspaper on June 22, 2016.
ISSUE BEFORE COUNCIL:
Whether to adopt an interim ordinance extending the moratorium on residential development within the
Stage One Development Area and all development activity within Stage Two and Three Development
Areas as described by the Lake Elmo Comprehensive Plan.
PROPOSAL DETAILS/ANALYSIS:
After conducting the public hearing on the extension of the interim ordinance, the City Council will need
to decide whether or not to extend the interim ordinance.
PROCEDURE:
City Council Meeting July 5, 2016 Regular Agenda Item #16
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The City Council should conduct the public hearing on the extension of the interim ordinance. The
following motion should be made:
“Motion to open the public hearing on the extension of the moratorium.”
After the public hearing is held, the City Council should close the public hearing. The following motion
should be made:
“Motion to close the public hearing on the extension of the moratorium.”
If the City Council wishes to adopt the interim ordinance extending the moratorium, the following motion
should be made:
“Motion to adopt Ordinance No. _____, An Interim Ordinance Extending the Moratorium on
Residential Development within the Stage One Development Area and All Development Activity within
the Stage Two and Three Development Areas as Described by the Lake Elmo Comprehensive Plan.”
ATTACHMENTS:
Interim Ordinance