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08.b Interim Moratorium Ordinance Prohibiting Development Greater that Permitted by UDC for VN DistrictsECKBERG LAMMERS MEMORANDUM To: Scandia City Council From: Eric D. Larson, City Attorney Date: August 10, 2023 Re: Interim Moratorium Ordinance Prohibiting Development Greater that Permitted by Unified Development Code (UDC) for Village Neighborhood Zoned Districts. MORATORIUM – INTERIM ORDINANCE The City’s Planner identified discrepancies between Scandia’s 2040 Comprehensive Plan and the City’s Zoning Code regarding density requirements in the Village Neighborhood, Village Historic Core, and Village Commercial district (these Unified Development Code (UDC) groups are together referred in the UDC as "Village Districts"). The potential conflict was discovered and identified by the City Planner in his review of the Laurel Ridge Concept Plan. Accordingly, at the Tuesday, June 20, 2023 City Council meeting, the City Council passed a moratorium pursuant to Minnesota Statutes section 462.355 respecting any developments in Village Districts greater in density than permitted by Scandia’s Unified Development Code (UDC). The moratorium was passed in order to provide City staff and the City Council time to evaluate and better understand this potential conflict and make appropriate corrective actions. Under Minnesota Statutes section 462.355, Subd. 4, in order for the moratorium to apply to pending housing proposals, such as the Laurel Ridge proposed housing development, the City Council must hold a public hearing. The public hearing has been duly noticed for Tuesday, August 15, 2023. The moratorium passed by the City Council on Tuesday, June 20, 2023, was appropriate because, separate from the proposed Laurel Ridge development, the tension between the Comprehensive Plan and the UDC merits review. Revision (amendment) of one or both instruments should occur to bring them into clear conformance as to density requirements and expectations for a Village Neighborhood zoned district. Attorney Jacob W. Steen from the Larkin Hoffman law firm sent a letter, dated August 9, 2023, to the Mayor and City Councilmembers arguing that the City may not as a matter of law extend the moratorium to Mitch Johnson and Continuum Development Group LLC’s housing project, referenced above as the “Laurel Ridge Concept Plan”. In this Report, I am not going to engage in a full legal analysis and rebuttal as if briefing the matter for court. In short, I disagree with attorney Steen’s conclusion. The City may lawfully impose the moratorium. Section 462.355, Subd. 4, expressly permits an interim moratorium ordinance for pending housing proposals. 2 Noteworthy, the Laurel Ridge property has not been rezoned. One major error in attorney Steen’s letter is the implicit presumption of rezoning. Nothing in the record can or should presume a rezoning result. The Laurel Ridge Concept Plan project does not meet the property’s current zoning, thus the need for a rezoning for the plan to proceed. Furthermore, rezoning decisions are not affected by the moratorium. It should be underscored that whatever decision is made here by the City Council, the decision is not a rezoning decision in any manner. In other words, when and if the Laurel Ridge property is rezoned, then and only then does a moratorium become a factor as to the development because the moratorium applies to Village Districts. RECOMMENDATIONS Respecting the moratorium, as the Scandia City Attorney, my recommendation is that the City Council make its determination based on its legislative and policy decision-making judgment and not based on any legal arguments raised by attorney Steen. Since the decision should be policy and legislatively based, the Scandia City Attorney makes no recommendation as to whether the moratorium should be extended to pending housing projects, such as the proposed Laurel Ridge development proposal. Thus, if the City Council has any major concerns respecting the density development in the Laurel Ridge Concept Plan, then the City Council’s means of addressing those concerns is to extend the moratorium to pending housing proposals. Alternatively, the Council may decide not to adopt the current draft Interim Moratorium Ordinance; in such case, the moratorium enacted on Tuesday, June 20, 2023 remains in effect but the Laurel Ridge housing proposal would not be subject to the moratorium. Attachment: Interim Moratorium Ordinance No. 2023-09 Prohibiting Development Greater that Permitted by Unified Development Code (UDC) for Village Neighborhood Zoned Districts CITY OF SCANDIA WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2023-09 AN INTERIM ORDINANCE OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROHIBITING UNDER MINNESOTA STATUTE 462.355, SUBDIVISION 4, IN VILLAGE DISTRICT ZONING DISTRICTS, DEVELOPMENT GREATER IN THE MAXIMUM DENSITY THAN PERMITTED UNDER SCANDIA’S UNIFIED DEVELOPMENT CODE THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: Section 1. The purpose of this interim ordinance is to protect the planning process and the health, safety, and welfare of the City of Scandia for the following reasons: a. The City’s Planner has identified discrepancies between Scandia’s 2040 Comprehensive Plan and the City’s Zoning Code regarding density requirements in the Village Neighborhood, Village Historic Core, and Village Commercial district (these Unified Development Code (UDC) groups are together referred in the UDC as "Village Districts"), where the 2040 Comprehensive Plan describes higher densities than permitted by the UDC. b. The City therefore, needs time to evaluate and make revisions to either the 2040 Comprehensive Plan, the UDC, or both. Section 2. Therefore, pursuant to Minnesota Statutes, Section 462.355, subdivision 4, City Staff is directed to conduct a study to gather information and make a recommendation to the Council to determine if the City of Scandia official controls as defined in Minn. Stat. §462.352, subd. 15. need to be amended. Section 3. As a result, pursuant to Minnesota Statutes, Section 462.355, subdivision 4, for and within all V-N zoned districts, any and all new or proposed uses, developments, or subdivisions including pending housing proposals within the city for existing Village Districts or proposed rezoning to a Village District zoning district involving the development of real estate greater than the maximum density set forth in the City’s Unified Development Code are prohibited for a period of up to twelve (12) months from the effective date of this ordinance or until the ordinance regulating such uses become effective or until the Council rescinds this Interim Ordinance, whichever occurs first. Section 4. This interim ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the City Council of the City of Scandia, Washington County, Minnesota, this 15th day of August, 2023. __________________________ Christine Maefsky Mayor Attest: (Seal) _________________________ Kyle Morell City Administrator