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HomeMy WebLinkAbout2023-09CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.2023-09 AN ORDINANCE TERMINATING THE MORATORIUM DECLARED BY ORDINANCES NO.2022-03 THAT IMPOSED A MORATORIUM ON PLATTED DEVELOPMENT WITHIN THE WATER SYSTEM LOW PRESSUE ZONE WHEREAS, on April 8, 2022, the City Council (the "Council") of the City of Lake Elmo (the "City") adopted Ordinance No. 2022-03, pursuant to its authority under Minnesota Statutes Section 462.355, subdivision 4, which established a 12 month moratorium on the consideration and/or approval of any new platted development project within the area as identified as the area south of Union Pacific Railroad and east of Keats Avenue; and WHEREAS, Ordinance No. 2022-03 was adopted as a result of the City identifying the defined area as a "low pressure zone" with respect to the City's ability to provide water services to that area. Understanding this area has low water pressure, the City wanted to do studies and make changes to be assured that additional water users can be added and will not have issues supplying water to this area in the future; and WHEREAS, the City, through study and analysis, identified issues in the Stormwater Reuse code in the Planned Unit Development section and addressed and updated this to better maintain the Stormwater Reuse of the area; and WHEREAS, the City, through study and analysis, identified issues in the Irrigation Reuse code for engineering and addressed and updated this to better maintain the Irrigation Reuse of the area; and WHEREAS, the City, through study and analysis, identified issues in the Topsoil requirements and addressed and updated this to better maintain the topsoil for future developments of the area; and WHEREAS, based upon the completed study, analysis, and updates, the moratorium that extends south of Union Pacific Railroad and east of Keats Avenue on new platted development is no longer needed to protect and prepare for new development and assure that the capacity of the water system in the area can meet the demands of new development. NOW, THEREFORE, based on the foregoing, the City Council of the City of Lake Elmo does ordain: SECTION 1. FINDINGS. 491885vl SJS LA515-1 I I . In light of the City's updates, study, and analysis of the issues identified to be creating the Water Low Pressure Zone, it is hereby found and determined by the City that the area described in Ordinances No. 2022-03 no longer needs to be subject to a moratorium. 2. It is hereby declared that the area described in Ordinances No. 2022-03 is no longer subject to the moratorium imposed by this ordinance. City staff shall henceforth accept and process applications and regulate development activity in accordance with the City's subdivision regulations and other relevant City ordinances and regulations. SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective upon its legal passage and publication. SECTION 3. ADOPTION DATE. This Ordinance No.2023-09 was adopted on this 41h day of April, 2023, by a vote of Ayes and j Nays. LAKE ELMO CITY COUNCIL ��egt- A Charles Cadenhead, Mayor ATTEST: Jul tolnsonOy Clerk CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.2022-03 AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON PLATTED DEVELOPMENT WITHIN THE WATER SYSTEM LOW PRESSURE ZONE The City of Lake Elmo City Council ordains: Section 1. Purpose and Intent. The purpose and intent of this interim ordinance (this "Ordinance") is to impose, pursuant to Minnesota Statutes Section 462.355, subdivision 4, a moratorium within the jurisdictional boundaries of the City of Lake Elmo (the "City") on platted development within the area defined as the "Water System Low Pressure Zone" in the City in order to protect the health, safety, and welfare of the citizens of the City. Section 2. Legislative Findings. The City Council hereby finds and determines as follows: (a) There is a certain area within the City that has been determined to be a "low pressure zone" with respect to the City's ability to provide water services to that area. The Water System Low Pressure Zone is shown on the map attached as Exhibit A. This area has low water pressure and the City is concerned that if additional water users are added to this area that it may have issues supplying water to this area in the future. (b) That before additional water users are added to the Water System Low Pressure Zone, the City .needs to study the current and future water usage in the Water System Low Pressure Zone in order to determine if additional infrastructure is needed. (c) That it is in the best interests of the City to impose a moratorium on platted development within the Water System Low Pressure Zone so that it can study the current and future water usage within the Water System Low Pressure Zone. Section 3. Study Authorized. The City will be initiating a study of the water usage and future water needs within the Water System Low Pressure Zone. Section 4. Moratorium Imposed; Exceptions. A moratorium is hereby imposed within the City with respect to the platting of any property located within the Water System Low Pressure Zone. No application for the platting of property located within the Water System Low Pressure Zone will be accepted by the City during the term of this Ordinance. Any property that has been granted preliminary plat or final plat approval by the City Council is exempt from this moratorium. Section 5. Duration. This Ordinance shall remain in effect for one year from the date that it is effective unless it is expressly repealed earlier by the City Council. LA515-1-787538.vl 491885vl SJS LA515-1 Section 6. Severability. Every section, provision, and part of this Ordinance is declared severable from every other section, provision, and part thereof. If any section, provision, or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. Section 7. Enforcement. The City may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. Section 8. Effective Date. This Ordinance shall be effective upon its legal passage and publication. Adopted by the City Council of the City of Lake Elmo on this 5thday of April, 2022, by a vote of Ayes and 0 Nays. LAKE ELM{ CITY COUNCIL Charles Cadenhead, Mayor ATTEST: J li hnso 4X,11' ootso tyClerk This Ordinance 08- was published on the day of A112y- 1 2022. 1 2 LA515-1-787538.vl EXHIBIT A Map of Water System Low Pressure Zone k r �4