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,'- 148793 . ORDINANCE NO. 1~,i~ AN ORDINANCE REGULATING fOR AN INTERIM PERIOD THE COMMENCEMENT OF DEVBLOPMENT WITHIN THE CITY OF ELt( RIVER THE CITY OUNCIL OF THE CITY OF ELK RIVER OF SHERBURNE COUNTY, MINNESOTA, ORDAINS AS FOLLOwS: ARTICLE I 1.01 Legislative Findings of Fact. The City of t:lk Kiver, a predominantly rural cOllUUunity, situated just outside the boundaries of a concentrated urban area, finds that certain parts of its existing plans and official controls are inadequate f~r the regulation and control of development within its jurisdiction. Consolidation of the former Township of Elk River and former City of Elk River into a new City of Elk River has recently taken place by Order of the Minnesota Municipal Board dated October 31, 1977; this consolidation has created a dual system of regulatory controls inadequate to control the growth of the City of Elk River as newly created. The subdivision of land in areas lying outside of the boundaries of the former City of Elk River (the Affected Area) by way of metes and bounds legal descriptions, private streets or streets not . accepted for maintenance by the City has created and continu(;s to create growth management and record-keeping difficulties for the City of Elk River. Development during the interim period herein established in the Affected Area of Jot sizes of less than two and one-naIf (2 1/2) acres in size, except in that portion of the Affected Area lying westerly of the boundaries of the former City and southerly of the right-of-way of the Burlington Northern Railroad is contrary to the objective of the City to manage its growth in an orderly fashion. In addition, the City Council finds that urban services capable of accomodating development at an urban level are not scheduled to be provided within any currently identified program. Requirements imposed by the Municipal Planning Act, the designation of the !1ississippi River as being subject to wild and scenic rivers regulation and the desire of the City of Elk River to accomodate growth in a rational and efficient manner require that the City Council prepare and recommend for hearing and adoption amendments to its comprehensive plan and ordinances, regulations, and programs governing the land use and development within the City of Elk River. The City Planner and the City Attorney are in the process of preparing and submitting said materials which will guide overall residential density, provide for public f~cilities adequate to service the area, prevent or abate ellvironmental degradhtion, reduce and eliminate nuisances, appropriately address future industrial and commercial development, and provide for the orderly and rational implementation of planning for growth management for the City based on the requirements of the above-cited statutes, regulations and the general health, safety and welfare of the cOlrnTIunity. The City Council finds, however, that sucl1 a 3yst.em of 'planning, zoning, and regulatory controls cannot be effective unless reasonable measures are taken for a reasonable interim period to protect the pUblic interest by preserving present patterns of development unt il the appropriate amendments and programs are . adopted and become effective. Any significant variation during tllC interim period will destroy the integrity of the effort, the program and any possible amendments, and their