HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-103CITY OF LAKE ELMO
IVASIIINGTON COUNT'
STATE OF MINNESOTA
AN ORDINANCE AMENDING MUNICIPAL FEES BY ADDING A FEE FOR COSTS
RELATED TO THE VILLAGE AREA ALTERNATIVE URBAN AREAWIDE REVIEW
Section 1. findings. The City Council of the City of Lake Elmo makes the following findings:
1) As part of the City's long range planning process related to the Lake Elmo Village
Planning Area, the City Council decided to proceed with an Alternative Urban Area Wide
(AUAR) review before amending the land use plan for this area.
2) The City Council implemented an AUAR review process that was inclusive and sought
the input from all affected land owners, stakeholders, and other interested parties as part
of this review. A Village AUAR Advisory Panel was created in 2007 to review the
document and to further define the development scenarios that were included in the
AUAR.
3) The City Council adopted the Lake Elmo Village Area AUAR on May 5, 2009 with
Resolution 2009-019.
4) The Village Area AUAR includes land within the Village Planning Area as identified in
the Lake Elmo Comprehensive Plan this is guided for future public sanitary sewer
services.
5) The development within the area analyzed by the Village Area AUAR likely would have
required environmental review for numerous development projects in accordance with
the State of Minnesota Environmental Review Program. Development that is consistent
with the assumptions of the AUAR and that comply with the Mitigation Plan are exempt
from requirements to prepare an Environmental Assessment Worksheet or an
Environmental Impact Statement, as specified in Mimiesota Rules 4410.361.0.
6) Property owners and developers of land within the Village AUAR area benefit the
preparation and adoption of the AUAR.
7) The City authorized the preparation of the AUAR with the intent to seek. reimbursement
for the costs of the study from future development.
S) The AUAR process allowed the City to assess the impact of potential. development on the
area's natural resources prior to receiving and considering individual development
proposals for approval.
ORDINANCE 08-1.03
9) The information and analysis in the AUAR was used in the preparation of the Village
Area Comprehensive Plan amendment that now serves as the guide for future
development in this area. The Comprehensive Plan amendment adheres closely to one of
the land use alternatives studied in the AUAR.
10) The AUAR further benefits property owners within the planning area by ensuring
adequate infrastructure is available.
11) The City incurred costs in the preparation of AUAR.
12) The City intends to recover these costs by allocating the expenses across development
within the Village AU'A area via a fee based on new Residential Equivalency Connection
(REC) units.
13) The City Council has adopted Ordinance 08-097 establishing the 2014 Fee Schedule for
the City of Lake Elmo.
Section 2. Amendment. The fee schedule established by Ordinance 08-097 as amended is
hereby amended to include the following fee that shall be applied to all development applications
that will increase the number of Residential Equivalency Connection (REC) units above existing
conditions within the Village Area AUAR study area (see Exhibit A):
cation/Fee/Permit`Type -
2014 Fee
FW.Tow.or Additional Charge
Department '1
Environmental. Review
1
Village Area AUAR Fee
$230
Per REC Unit. To be charged to
Planning
development applications that
increase the number of REC units
above existing conditions within
the Village AUAR Area. The fee
will be based on the difference
between the proposed. and
existing REC units.
Fee to be paid as part of a
developer's agreement for larger
projects or at the time a building
permit is issued for smaller
projects.
Once paid, the same Land will not
be charged again.
ORDINANCE 08-103 2
ADOPTION DATE: Passed by the Lake Elmo City Council on the 18th day of February, 2014
by a vote of -Ayes and "ems Nays.
CITY OF LAKE ELMO
y:.
Mayor
ATTEST:
Adam Bell
City Clerk
EFFECT117E, DATE: This ordinance shall become effective immediately upon adoption and
publication.
PUBLICATION DATE: Published on the day of J 8 - �a1hfx- 2014
ORDINANCE 08-103