HomeMy WebLinkAboutInterim_Ordinance_Extending_Moratorium (2) CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-146
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
WHEREAS, on July 7, 2015, the City Council (the "Council") of the City of Lake Elmo
(the "City") adopted Ordinance No. 08-123, pursuant to its authority under Minnesota Statutes,
Section 462.355, subdivision 4, which established a 12 month moratorium on the consideration
and/or or approval of any residential and related use or mixed-use subdivision or residential and
related use or mixed-use development project within the Stage 1, 2 or 3 Staging Areas as
identified in the Lake Elmo Comprehensive Plan with certain exceptions (the "Ordinance"); and
WHEREAS, the Ordinance was effective upon its publication on July 22, 2015 and
expires 12 months thereafter,unless further extended by ordinance; and
WHEREAS, Minnesota Rules Part 6120.2800, subpart 1 requires cities to adopt the
minimum standards and criteria set forth in Minnesota Rules Part 6120.2500 — 6120.3900 for
shorelands of public waters of the state which are subject to local government land use controls
and are to be incorporated into local government shoreland management controls; and
WHEREAS, the City's shoreland regulations were not in conformance with the
minimum standards and criteria set forth in Minnesota Rules Part 6120.2500—6120.3900; and
WHEREAS,the City has revised its shoreland regulations to bring them into compliance
with Minnesota Rules Part 6120.2500—6120.3900; and
WHEREAS, Minnesota Statutes Section 103F.221, subdivision 1 requires a city having
shorelands within its boundaries to submit ordinances or rules affecting the use and development
of its shorelands to the Commissioner of the Department of Natural Resources ("DNR") for
review; and
WHEREAS, the City sent its revised shoreland regulations to the DNR for review and
on June 21, 2016 and has not received notification from the DNR that the DNR's review has
been completed; and
WHEREAS, Minnesota Statutes Section 462.355, subdivision 4 (c)(1) permits a
municipality to extend an interim ordinance for up to an additional 120 days following the
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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 municipality at least 30 days before the expiration of the interim ordinance; and
WHEREAS, since review by the DNR of the City's shoreland regulations is required by
law and the review has not been completed and received by the City at least 30 days before the
expiration of the Ordinance, the City is authorized to extend the Ordinance pursuant to
Minnesota Statutes Section 462.355, subdivision 4 (c)(1) if it deems necessary; and
WHEREAS, the Stage 1, 2 and 3 Staging Areas all contain areas that are within the
City's shoreland district, including Sunfish Lake, Kramer Lake, Goose Lake, Rose Lake and
Armstrong Lake; and
WHEREAS, because City's shoreland regulations affect the use and development of
property in the Stage 1, 2 and 3 Staging areas, the Council finds it necessary to extend the
moratorium in order to allow the City to receive the DNR's review of the City's shoreland
regulations; and
WHEREAS, notice of the public hearing on the extension of the moratorium was
published in the City's official newspaper on June 22, 2016; and
WHEREAS, a public hearing on the extension of the moratorium was held on July 5,
2016; and
NOW, THEREFORE, based on the foregoing, the City Council of the City of Lake
Elmo does ordain:
SECTION 1. MORATORIUM ON STAGE 1, 2 AND 3 RESIDENTIAL DEVELOPMENT
EXTENDED. The moratorium period established in Sections 1 and 2 of Ordinance No. 08-123 is
hereby extended for an additional 120 days following the receipt of the DNR's review of the City's
shoreland regulations.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon its legal passage
and publication.
SECTION 3. Adoption Date. This Ordinance 08-146 was adopted on this 51h day of July,
2016, by a vote of 3 Ayes and 2 Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
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ATTEST:
Julie Johnson, City Clerk
This Ordinance was published on the day of , 2016.
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