HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-115CITY OF LAKE ELMO
ORDINANCE NO. 91 '" I I E
AN INTERIM ORDINANCE IMPLEMENTING A DEVELOPMENT MORATORIUM ON
CERTAIN PROPERTY WITHIN THE CITY OF LAKE ELMO
THE LAKE ELMO CITY COUNCIL ORDAINS:
1.0 Recitals.
A. The City Of Lake Elmo ("City") has a Comprehensive Land Use Plan
("Comprehensive Plan"), which identifies:
The following parcels as being within the "LB — Limited Business"
classification:
Parcel 1: PIN 3302921440003
Parcel 2: PIN 3402921330005
Parcel 3: PIN 3402921330004
Parcel 4: PIN 3402921340004
2. And, the following parcel as being within the "RAD — Rural Agricultural"
classification:
Parcel 5: PIN 3602921340006
B. All of the above referenced parcels are herein referred to as the "Moratorium Area
Parcels." Buildings have been constructed on Parcel Nos. 1 through 4. Parcel 5 is
vacant land.
C. The City's Zoning Map designates all of the Moratorium Area Parcels as "GB —
General Business."
D. There is a conflict between the designation of the Moratorium Area Parcels on the
City's Comprehensive Plan and the designation of such parcels on the City's
Zoning Map. The conflict occurs as a result of a change in the City's
Comprehensive Plan.
E. The City is in the process of reviewing the manner in which to resolve the conflict
which may include a change to its Comprehensive Plan, a change in the zoning
districts and/or a change to the text of the City's zoning regulations.
F. In order to protect the integrity of its Comprehensive Plan, the planning process
and the health, safety and welfare of the citizens of the City Of Lake Elmo, the
City Council has determined that a development moratorium in appropriate.
2.0 Development Moratorium. Except as herein provided, the City Council hereby
adopts a development moratorium pursuant to Minn. Statutes §462.355 Subd. 4,
applicable to the Moratorium Area Parcels. The development moratorium shall
not prohibit the owner of existing buildings located on the Moratorium Area
Parcels 1 through 4 from remodeling or restoring such buildings. It is the intent of
this development moratorium that the Moratorium Area Parcels I through 4
should not be redeveloped for uses otherwise allowed in the GB — General
Business Zoning District during the moratorium, but that Moratorium Area
Parcels 1 through 4 may be developed in a manner that is consistent with the
City's current LB — Limited Business Zoning District regulations and that
Moratorium Area Parcel 5 may be developed in a manner that is consistent with
the City's AG — Agricultural Zoning District regulations.
3.0 Duration of Moratorium. The development moratorium will commence on the
effective date of this ordinance and will continue for six (6) months thereafter,
unless otherwise terminated, modified or extended by action of the City Council.
4.0 Enforcement. The City may enforce any provision of this ordinance by
mandamus, injunction or any other appropriate civil remedy in any court of
competent jurisdiction.
5.0 Separability. Every section, provision or other part of this ordinance is declared
separable from every other section, provision or part of this ordinance. If any
section, provision or part of this ordinance is adjudged to be invalid by a court of
competition jurisdiction, such judgment shall not validate any other section,
provision or part of this ordinance.
6.0 Effective Date. This ordinance shall be effective the day following its publication
or on the day following the publication of any Ordinance Summary approved by
the City Council. j Y�%
7.0 Adoption Date. Passed by the City Council on the Iday off
2003.
Lee Hunt, Mayor
� D
Charles E. Dillerud
Acting City Administrator
PUBLICATION DATE. Published on the y day of T�% � �� , 2003.
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