HomeMy WebLinkAboutDOCSOPEN-#491883-v1-CC_Report_-_Ordinance_Terminating_Moratoria THE CITY OF
LJA K E ELMO
MAYOR AND COUNCIL COMMUNICATION
DATE: 12/20/2016
REGULAR
ITEM#: 25
AGENDA ITEM: Ordinance No. 08-160 -An Ordinance Terminating Moratoria Declared by
Ordinances Nos. 08-123 (Extended by Ordinance No. 08-146) and 08-156 that
Imposed Moratoria on Certain Development Activity within the City
SUBMITTED BY: Stephen Wensman,Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Emily Becker, City Planner
BACKGROUND:
In July of 2015,the City adopted an interim ordinance declaring a moratorium for a period of 12 months
on residential development within the Stage One Development Area and all development activity within
the Stage Two or Three Development Areas as described by the Comprehensive Plan,based on the
following findings:
• The draft 2040 regional forecast from the Metropolitan Council would reduce the number of
households and total community population by a substantial margin from the 2030 forecast as
part of the City's 2015 System Statement.
• The City intends to create an interim growth management strategy that will be used to guide
future growth and development within the City in advance of the 2018 decennial Comprehensive
Plan Update while also recognizing and planning against the 2040 forecast numbers.
• The City will be considering amendments to its Comprehensive Plan in order to rebalance the
future land use plan to guide development in a manner consistent with the 2040 forecast.
• The City's Staging Plan does not establish specific targets or dates.
• The 2040 forecast and Systems Statement will not be finalized until late in 2015,and the City
cannot adopt any Comprehensive Plan amendments that guide future growth in accordance with
the updated Systems Statement until its adoption.
• It is in the public's interest to ensure that future residential development occurs in a manner
consistent with the updated 2040 forecast.
• The City intended to study the potential for transit-oriented development along the Bus Rapid
Transit(BRT).
In July of 2016,the City extended its interim ordinance(moratorium) on development within Stage 1,2
and 3 development areas,which was authorized by Minnesota Statutes Section 462.355, subdivision 4(c)
(1), as the City was in process of studying and revising its shoreland regulations which were being
reviewed by the Minnesota Department of Natural Resources (MNDNR). The moratorium was extended
for an additional 120 days following receipt of the MNDNR's review..
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City Council Meeting 1212012016 Regular Agenda Item#25
In October of 2016,the City also placed a moratorium on development within the Shoreland District.
This was because 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.After 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.
For tonight's agenda,two members of the Council have requested that the moratoria adopted by Interim
Ordinance No. 08-123 (which was extended by Interim Ordinance No. 08-146) and Interim Ordinance
No. 08-156 be terminated.
ISSUE BEFORE COUNCIL:
Staff respectfully requests the Council consider adopting Ordinance No. 08-160,An Ordinance
Terminating the Moratoria Declared by Ordinances No. 08-123 (Extended by Ordinance 08-146) and 08-
156 that Imposed Moratoria on Certain Development Activity within the City. A public hearing is not
required for terminating the moratoria.
FINDINGS:
The Ordinance terminating the moratoria imposed by Interim Ordinances Nos. 08-123 (extended by
Ordinance No. 08-146) and 08-156 is being proposed based on the following findings:
• The MNDNR has communicated that review of the City's proposed shoreland regulations
amendments is nearly complete.
• The City will soon begin its Comprehensive Plan update process,which will allow the City to
rebalance the future land use plan in a manner consistent with the 2040 forecast and update its
Staging Plan to establish specific targets/dates for development within later stages.
OPTIONS:
The Council may:
• Adopt Ordinance No. 08-160 as proposed.
• Make amendments to Ordinance No. 08-160 and adopt as amended.
• Not adopt Ordinance No. 08-160.
RECOMMENDATION:
Staff recommends that the Council adopt Ordinance No. 08-160
"Move to adopt Ordinance No. 08-160-An Ordinance Terminating the Moratoria Declared by
Ordinances Nos. 08-123 (Extended by Ordinance No. 08-146) and 08-156 that Imposed Moratoria on
Certain Development Activity within the City"
ATTACHMENTS:
• Ordinance No. 08-160
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