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Home My WebLink About#06 - Moratorium Ordinance TerminationMAYOR AND COUNCIL COMMUNICATION DATE: 4/4/2023 CONSENT AGENDA ITEM: Ordinance No. 2023-09 - An Ordinance Terminating a Moratorium Declared by Ordinance No. 2022-03 that Imposed a Moratorium on Platted Development within the Water System Low Pressure Zone SUBMITTED BY: Jenni Faulkner, Planning Consultant REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: In April of 2022, the City adopted an interim ordinance (attached) declaring a moratorium for a period of 12 months on new platted development for the area south of the Union Pacific Railroad and east of Keats Avenue, based on the following findings: • 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. • 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. • That it is in the best interest of the city to impose a moratorium on platted development within the Water System Low Pressure Zone so that the City can study the current and future water usage within the Water System Low Pressure Zone. STUDY OF AREA: In the past year, the City has gone through a series of updates to the Municipal Code for the described area that the moratorium impacts. These effectively address the issues with the Water System Low Pressure Zone and make sure new plating can commence with no issue to capacity for the developed area. These updates that occurred were as follows: • Update to the Stormwater Reuse in the Planned Unit Development Code • Update to the Irrigation Reuse Standards for Engineering • Update to the Topsoil requirement Each of these updates was determined to be necessary in accommodating future development in the described area of the City of Lake Elmo that the moratorium applies to. City Council Meeting 4/4/2023 Regular Agenda Item #__ ISSUE BEFORE COUNCIL: Staff respectfully requests the Council consider adopting Ordinance No.2023-09, An Ordinance Terminating the Moratoria Declared by Ordinance No. 2022-03 that Imposed Moratoria on Certain Development Activity within the City. A public hearing is not required for terminating the moratorium. FINDINGS: The Ordinance terminating the moratorium imposed by Interim Ordinance No. 2022-03 is being proposed based on the following findings: • An update to the Stormwater Reuse in the Planned Unit Development Code has been completed to address the issues that were identified in the study and analysis of the area identified as a Water System Low Pressure Zone. • An update to the Irrigation Reuse Standards for engineering has been completed that addresses the issues that were identified in the study and analysis of the area identified as a Water System Low Pressure Zone. • An update to the Topsoil requirements has been completed to address the issues that were identified in the study and analysis of the area identified as a Water System Low Pressure Zone. • 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. OPTIONS: The Council may: • Adopt Ordinance No. 2023-09 as proposed. • Make amendments to Ordinance No. 2023-09 and adopt as amended. • Not adopt Ordinance No. 2023-09. RECOMMENDATION: Staff recommends that the Council adopt Ordinance No. 2023-09 “Move to adopt Ordinance No.2023.09- An Ordinance Terminating the Moratorium Declared by Ordinance No. 2022-03 that Imposed a Moratorium on Platted Development within the Water System Low Pressure Zone” ATTACHMENTS: • Ordinance No. 2023-09 • Ordinance No. 2022-03 Page 2 CITY 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. 491885v1 SJS LA515-1 1 1. 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 4th day of April, 2023, by a vote of ____ Ayes and ____ Nays. LAKE ELMO CITY COUNCIL ____________________________________ Charles Cadenhead, Mayor ATTEST: _______________________________ Julie Johnson, City Clerk 491885v1 SJS LA515-1 2 EXHIBIT A Map of Water System Low Pressure Zone 3 LA515-1-787538.v1