8.10. SR 05-02-1994
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Agenda Item 8.10.
MEMORANDUM
TO:
MAYOR & CITY COUNCIL
FROM:
PAT KLAERS, CITY
DATE:
APRIL 28, 1994
SUBJECT: MORATORIUM ORDINANCE
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During the development of the Growth Management Plan in 1987 and 1988,
a moratorium on subdivisions outside of the City sewer and water district
was placed on the western area of the City. This moratorium took place in
order to preserve the planning process and in order to ensure that land
designated for sewer and water urban type development would not already
be developed in a rural manner and consequently have the plan be outdated
before it was completed. Nonetheless, the City still had Sandpiper Estates
developed during this timeframe as the Sandpiper plat was approved prior to
the moratorium. The City will have to deal with sewer and water extension
into this area in the near future.
In 1994, the City is looking to update its Growth Management or
Comprehensive Plan. A major component in this update is an analysis of the
Wastewater Treatment Plant (WWTP) capacity and proposed expansion.
Associated with this WWTP expansion is the analysis of the extension of
trunk sewer and water into the eastern part of our community. Also, the
City will have to acknowledge a potential third upgrade of the WWTP in the
year 2008 or so, with further trunk sewer and water extensions to the east.
In order to keep as much land as possible undeveloped in the east and
preserved for urban development with municipal sewer and water, it is
appropriate for the City Council to consider a moratorium on non-urban
development on the eastern part of our City until the planning process is
completed. This is desired in order so that the WWTP is used to its full
capacity, property will be developed to its highest and best use, and so that
there are not stumbling blocks put in place for the extension of municipal
utilities. It is conceivable that after the next WWTP expansion and the one
in 2008 or so, that all of the eastern part of our community, south of County
Road 33, could have municipal sewer and water services.
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A moratorium on the subdivision of non sewer and water property is a zoning
ordinance issue and needs a public hearing before both the Planning
Commission and the City Council. A May Planning Commission public
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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hearing is suggested along with a June 6, 1994, City Council public hearing.
This ordinance will require a 4/5 Council majority vote in order for it to be
approved. With this proposed ordinance and moratorium on eastern Elk
River development, it should be noted that nothing west of Highway 169 is
affected, nor is anything north of County Road 33 affected. This moratorium
will only affect potential eastern area non sewer and water plats currently in
the 21/2 acre district. The City desires to keep this type of subdivision on
hold until the planning process is completed.
It is recommended that the City Council call for a June 6, 1994, public
hearing to consider a subdivision moratorium for the east side of the City. If
this motion is approved, the Planning Commission will hold a public hearing
on this issue at its May 24, 1994, meeting.
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