HomeMy WebLinkAboutStaff Report-Shoreland_District_Moratorium487897v1 SJS LA515-1
MAYOR AND COUNCIL COMMUNICATION
DATE: October 18, 2016
REGULAR
ITEM #: 22
MOTION
AGENDA ITEM: Interim Ordinance on Development Activity within the Shoreland District
SUBMITTED BY: Sarah Sonsalla, City Attorney
REVIEWED BY: Kristina Handt, City Administrator
Stephen Wensman, Planning Director
BACKGROUND:
In July of 2016, the City extended its interim ordinance (moratorium) on development within Stage 1, 2
and 3 development areas. The City was authorized by Minnesota Statutes Section 462.355, subdivision 4
(c)(1) to extend the moratorium because the City was in the process of studying and revising its shoreland
regulations which were being reviewed by the Department of Natural Resources.
After the original moratorium was extended, it was found there are properties that are in the Shoreland
District that were not included in the moratorium because they were outside of the Stage 1, 2 and 3
development areas. At its meeting on October 4, 2016, the City Council decided that because these
properties are also subject to the City’s shoreland regulations and because the shoreland regulations affect
the use and development of properties within the Shoreland District, there should be a moratorium on
development activity on all properties that are within the Shoreland District and not only properties within
the Stage 1, 2 and 3 development areas. The City Council then directed staff to prepare an interim ordinance
that would apply to all properties within the Shoreland District with the exception of (a) any project that
have been granted concept, preliminary, or final plan or plat approval; and (b) any project that would
address environmental threats through the installation of essential services such as sewer, water, storm
sewer, or other public safety mechanisms and that would extend these services into areas that are planned
for public infrastructure. Staff has prepared a draft of the interim ordinance for the City Council’s review.
ISSUE BEFORE COUNCIL:
Does the City Council wish to adopt the attached “Interim Ordinance Authorizing Continuance of a Study
of the City’s Shoreland Regulations and Imposing a Moratorium on Development Activity within the
Shoreland District”?
PROPOSAL DETAILS/ANALYSIS:
The statute does not require that a public hearing be held by the City before this particular interim ordinance
is adopted. The interim ordinance will be effective on the date that it is published. It is being proposed
that the interim ordinance would remain in effect until the effective date of an ordinance amending the
City’s shoreland regulations or one year from the interim ordinance’s effective date, whichever occurs first,
unless it is otherwise expressly repealed by the City Council.
OPTIONS:
487897v1 SJS LA515-1
The City Council has three options:
1. Adopt the interim ordinance;
2. Adopt the interim ordinance with changes;
3. Do not adopt the interim ordinance.