HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-160CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
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
WHEREAS, on July 7, 2015, the City Council (the "Council") of the City of Lake Ehno
(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 approval of any residential and related use or mixed -use subdivision or residential and
related use or mixed -use development project within the State 1, 2, or 3 Staging Areas as
identified in the Lake Elmo Comprehensive Plan with certain exceptions ("Ordinance No. 08-
123); and
WHEREAS, Ordinance No. 08-123 was adopted as a result of the City receiving a draft
of the 2040 regional forecast from the Metropolitan Council that 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 and the City wished to undergo a planning process and
adopt an interim growth management strategy in order to rebalance the future land use plan and
guide residential development in a manner consistent with the 2040 forecast; and
WHEREAS, because the City's shoreland regulations were under review by the
Minnesota Department of Natural Resources (the "DNR"), on July 5, 2016, the Council adopted
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
("Ordinance No. 08-146") pursuant to the extension authority in Minnesota Statutes Section
462.355, subdivision 4 (c)(1); and
WHEREAS, because there were 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 and because the City's shoreland regulations were still under review by the DNR, on
October 18, 2016, the Council adopted Ordinance No. 08-156, An Interim Ordinance
Authorizing Continuance of a Study of the City's Shoreland Regulations and Imposing a
Moratorium on Development Activity within the Shoreland District ("Ordinance No. 08-156");
and
WHEREAS, the DNR has communicated that the review of the City's Shoreland
regulations is nearly complete; and
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WHEREAS, 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 and dates for development within later
stages; and
NOW, THEREFORE, based on the foregoing, the City Council of the City of Lake
Elmo does ordain:
SECTION 1. FINDINGS.
1. In light of the DNR's review of the City's shoreland regulations being nearly
complete and the City beginning its Comprehensive Plan update process, it is hereby found and
determined by the City that the areas described in Ordinances Nos. 08-123 and 08-156 no longer
need to be subject to a moratorium.
2. It is hereby declared that the areas described in Ordinances Nos. 08-123 and 08-
156 are no longer subject to the moratoria imposed by those ordinances. City staff shall
henceforth accept and process applications and regulate development activity in accordance with
the City's shoreland 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. 08-160 was adopted on this 201h day of
December, 2016, by a vote of 5 Ayes and Q Nays.
LAKE ELMO CI Y COUNCIL
Mike Pearson, Mayor
ATTEST:
J li Johnso ity Clerk
This Ordinance No. 08-160 was published on the Wh day of OeCeâ–ºnber, 2016.
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