95-007 ORD
e
ORDINANCE 95 - -L
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A
MORATORIUM ON THE CONSTRUCTION OF MULTIPLE
FAMILY DWELLINGS WITHIN THE CITY OF ELK RIVER
CASE NO. OA 95-2
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose. The City Council has recently commenced the
process of updating the City of Elk River Comprehensive Plan. It is anticipated
that this process will take approximately one (1) year. One of the major issues
that will be discussed during this process is the appropriate location of and
zoning controls for multiple family dwelling developments.
e
Section 2. Findings. The City Council of the City of Elk River finds
that it is necessary, in order to protect the integrity of the comprehensive
planning process and the health, safety and welfare of the citizens of Elk River, to
declare a moratorium on the approval or construction of multiple family
dwellings within the City of Elk River until the City has completed the process of
updating the City of Elk River Comprehensive Plan and has adopted the
appropriate official controls to implement the updated Plan.
Section 3. Moratorium Declared. During the term of this ordinance
and any extensions thereof, a moratorium is hereby imposed within the City of
Elk River on the development or construction of all Multiple Family Dwellings as
defined in the City of Elk River Zoning Ordinance. During the term of this
moratorium the City will not accept an application for or consider any approval
required by the Zoning Ordinance for the development of multiple family
dwellings, and will not accept an application for or issue any building permits
for construction of multiple family dwellings. This moratorium does not apply
to buildings for which a valid building permit was issued prior to January 23,
1995.
Section 4. Term. This ordinance shall be effective upon publication as
provided by law, and shall terminate 365 days thereafter unless earlier
terminated or extended by action of the City Council. It is the intent of the City
e Council that this ordinance shall be in effect only until the City has completed
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the process of updating its Comprehensive Plan and has adopted the appropriate
official controls to implement the updated Plan.
Passed and adopted by the City Council of the City of Elk River, this 20th
day of March, 1995.
Attest:
;;
.vll/ //) /?~---~i~) . A
C'.:;f bt:-..>J:::"<--F< (/. ~ A.4C/t~xl//,
Sandra A. Thackeray, City Clerk 7
s:document:ordinance:oa95-2
Affidavit of Publication
STATE OF MINNESOTA
.
)ss.
COUNTY OF SHERBURNE)
ts..,
RIVEtt
ORDINAN<::E
ES't. >>\~ORA'l'ORIlJM
ONTIfE .. t1CTIOl'i OF
MULTIPLE FAMILY DWELLINGS
WlTIIIl'i TJlECI1'Y OF
ELK RIVER
CASE NO.OA95-2
~heCity. Council of. the CitY' of Elk
River ~oes h~l>yordain 8$ follows:
SectIon 1. Pili1lose. The CityCouncil
has ~nUy commenced . the procees of
updatmg the' City of Elk River
Compre~ensive Plan. It. is anticipated
tltatthls process will. take approxi-
!llatelyone (1) year. On.e of the major
ISSUes that will be di~ during
this Process is theappropl'iatelocation
~f and zoning controlsJor multiple fam-
dydw~llingdevelopments. . .,' .
SectIon. 2. Findin:s... The City
Coun.cil. of the City of Elk JUvertinds
that !t IS n~essary, in order to protect
thel~tegnty of the. comprellensive
plannmg process an.d the health, safety
and welfare of the citizens of Elk Riv\tr
to declare. a moratorium on th~
app.ry>val 9r. construction of multiple
fa.mily dw~llings within the City of Elk
River until the city has completed the
p';'OCess of updating the City of Elk
River Comprehensive Plan and has
. adopted the appropriate official con-
trols ~ implement the updated Plan,
Se~tIoD, 3. Moratorium Dec~ared.
During the tenn, of this ordinance and
~ny. exte. nSi.ons thel'eQf.a....m9t.atPrium
E&-'" ... III.' ' .... C2ity of
.. con-
;lil_ Jlamily
JD .----.--
Ri .......... of Elk
v.' the
terdrf! . < .... y . will ,
not accept an application for Or consid-
er a!IY .approval required by the Zoning
C?rdmanc~ for the development of mul.
tlple family. dwellings, and will. not
accept an applicatipnfor or issue any
I>uild!ngpennits for construction of.
mll;1tlple family dwellings.. This mora-
ton,um does not. apply to buildings for
~hlcha . valid building. pennit was
Issued.pnortoJalluary 23, 1995.
SectIon 4. Xum.'. .This ordinance
shall be effective uP9n publication as
provided by law, and shalltenninate
36.5 days thereaft.er unless earlier ter-
m,mated or: exte,nded.byactio:n of the
City C!>unCll.. It .IS the intent (lethe City
CounCIl that thiS ordinance shall be in
effec\t only until the City has completed
;/ the . process of updating its
Comprehensive Plan and has adopted
~e. appropriate official.. controls to
Implement the updated plan.
Passed and adopted. by the City
Council of the City of Elk River this
..2?' 9fMareh, 199.. 5. ..' '. '
Henry A. Duitsman,
, M~~
.. .'; ~'lCityClerk
. ~}~p5)
being dul sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. F\ n _' _ _
(B)Theprinted f.:)./\~V C15-,
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I =fltc-
cessive weeks; it was first published on Wednesday, the 5
day of ~ ' 19 9~ and was thereafter
printed and published on every Wednesday to and including
Wednesday, the _ day of , 19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a b c d efgh ij klm nop qrs tu vwxyz
BY:
TITLE:
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day of
~.~G --vY7.
Notary p~dc
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable
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(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ <(I,Q)
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