HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-031CITY OF LAKE ELMO
ORDINANCE No. q -I 3
AN INTERIM ORDINANCE PLACING A DEVELOPMENT
MORATORIUM ON NEWLY ANNEXED PROPERTY LOCATED
WESTERLY OF AND SOUTHERLY OF THE KERN CENTER.
THE LAKE ELMO CITY COUNCIL ORDAINS:
1.0 Recitals.
A. On 7/29/97, various property owners petitioned
Owner Petition") the Municipal Board of the
Minnesota ("Municipal Board") to annex the
described property located in Baytown
("Baytown") to the City of Oak Park Heights
Heights"):
("Property
State of
following
Township
("Oak Park
All that part of Section 6, Township 29 North,
Range 20 West, lying westerly of the center
line of Stillwater Blvd., also known as State
Highway 5, Washington County, Minnesota
("Section 6 - Highway 5 Parcel").
B. The Property Owner Petition is contained in Municipal
Board File No. A-5821.
C. On 8/6/97, Baytown and the City of Lake Elmo ("Lake
Elmo") filed a joint resolution ("Joint Resolution") with
the Municipal Board indicating that Baytown and Lake Elmo
had agreed that the Section 6 - Highway 5 Parcel would be
annexed to Lake Elmo.
D. The Joint Resolution is contained in Municipal Board File
No. OA-497-1.
E. The Municipal Board determined to hear the Property Owner
Petition and tabled its review of the Joint Resolution.
F. At the conclusion of its hearing and deliberation on the
Property Owner Petition, the Municipal Board ordered that
the following portion of the Section 6 - Highway 5 Parcel
be annexed to Oak Park Heights:
All that part of Section 6, Township 29 North,
Range 20 West, platted as Kern Center and Kern
Center 2nd Addition, including adjacent
rights -of -way ("Oak Park Heights Annexation
Area").
1
G. The Board then continued its review of the Joint
Resolution which had been tabled, completed its review
and advised Baytown and Lake Elmo that the following
portion of the Section 6 - Highway 5 Parcel would be
annexed to Lake Elmo:
All that part of Section 6, Township 29 North,
Range 20 West, lying westerly of the center
line of Stillwater Blvd., also known as State
Highway 5, Washington County; except that part
platted as Kern Center and Kern Center 2nd
Addition including adjacent rights -of -way
("Lake Elmo Annexation Area").
H. Both the Order relating to the Oak Park Heights
Annexation Area and the Order relating to the Lake Elmo
Annexation Area were effective 4/17/98.
I. Lake Elmo will be undertaking planning and land use
studies to determine how to amend and/or extend its
Comprehensive Plan and Zoning Regulations to include
development of the Lake Elmo Annexation Area.
J. In order to allow the changes to the Comprehensive Plan
and Zoning Regulations to be reviewed, revised, and
adopted before development applications are received, the
Lake Elmo City Council has determined that a development
moratorium would be appropriate.
2.0 Development Moratorium. The Lake Elmo City Council
hereby adopts a development moratorium applicable to all of the
property located in the Lake Elmo Annexation Area. The development
moratorium will commence on the effective date of this ordinance
and will continue for nine months thereafter unless otherwise
terminated or extended by action of the Lake Elmo City Council.
During the development moratorium:
A. No property shall be platted or otherwise subdivided.
B. New structures shall not be constructed.
C. Exterior structural modifications shall not be made to an
existing structure which cause the building height and
setback standards to exceed those in the RR Zoning
District in the City of Lake Elmo.
D. Exterior storage areas shall not be increased.
E. Exterior maintenance shall be allowed.
3.0 Enforcement. The City of Lake Elmo may enforce any
provision of this ordinance by mandamus, injunction, or any other
appropriate civil remedy in any court of competent jurisdiction.
4.0 Separability. Every section, provision, or 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 competent
jurisdiction, such judgment shall not invalidate any other section,
provision or part of this ordinance.
Effective Date. This Ordinance shall be effective the day
following its publication or on the day following the publication
of an Ordinance Summary approved by the Lake Elmo City Council.
�9 Adoption Date. Passed by the Lake Elmo City Council on the
day of May, 1998.
Wyn Jo or
ATTEST:
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Mary Itdef n
City Administrator
Publication Date. Published on the Kl:�day of &�J' ,
b/ord/kern.ord
May 20, 1998