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HomeMy WebLinkAboutOrd. 590 - Temporary MoratoriumCITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 590 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF CERTAIN RESIDENTIAL DEVELOPMENT IN ORDER TO PROTECT THE PLANNING PROCESS WHILE CONDUCTING STUDIES FOR LOCAL SEWER CAPACITY The City Council of the City of Andover, Minnesota, ordains: SECTION 1. Pursuant to Minnesota Law and the Andover City Code, and upon a review conducted by City staff, an interim ordinance is hereby adopted, by an affirmative vote of a majority of the Andover City Councilmembers present, for the purpose of allowing the City the opportunity to review current City Code regulations and Comprehensive Plan guidelines and to consider the adoption of amendments thereto. SECTION 2. Definitions. Plat means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes Chapter 505 and containing all elements and requirements set forth in applicable Andover city ordinances adopted pursuant to Minn. Stat. § 462.358 and Chapter 505. Residential means use as a dwelling, including one -family, two-family, and multiple family dwellings, but not including hotels, motels, institutions, bed and breakfast establishments, and boarding houses. Subdivision means the division of a tract of land into two (2) or more lots or parcels of land for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided, except those subdivisions resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. SECTION 3. Findings. 3.01 The City of Andover (the "City") has adopted a 2040 Comprehensive Plan and official controls to regulate development of land within the community, all in accordance with Minnesota Statutes, Section 462.351 et sq. and 473.851 et seq. 3.02 The Metropolitan Council's Imagine 2050 regional planning document requires compliance with increased density requirements moving from a community -wide average of 3 units per acre in the 2040 regional planning document to 3.5 units per acre in the 2050 regional planning document. 3.03 The City has concerns regarding the impacts of the Metropolitan Council's density requirements and local sewer capacity relative to future development in the City. 3.04 The City wishes to evaluate the impact of the Metropolitan Council's density requirements relative to existing sewer capacity to service additional density within existing local sanitary sewer infrastructure. 3.05 Pursuant to Minnesota Statutes § 462.355, Subd. 4, the City is authorized to establish interim ordinances to regulate, restrict, or prohibit any use or development in all or a part of the City while the City or its planning department is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances regulating physical development of the City. 3.06 The City Council has determined that it is in the best interests of the City of Andover to adopt an interim ordinance establishing a moratorium on the approval of certain residential developments in the City in order that appropriate studies may be conducted, and if needed, new amendments to the Zoning Ordinance may be considered for adoption, or amendments to the comprehensive plan. 3.07 The study and need for an interim ordinance are intended to protect the planning process and the public health, safety, and welfare of the citizens of Andover in relation to the impacts of the Metropolitan Council's density requirements. SECTION 4. Study Authorized. City staff, Planning Commission, and other consultants are directed to: 1. Analyze and evaluate the impact of the Metropolitan Council's density requirements in relation to local sewer capacity. 2. Determine appropriate amendments to the zoning district and City Code as may be necessary to mitigate any negative impacts discovered as part of the study. Prepare recommendations for amendments to the comprehensive plan if found appropriate, for consideration by the City Council. SECTION 5. Effect of Moratorium. 5.01 Upon approval of this interim ordinance and pending completion of the study and the adoption of new or amended official controls, a moratorium is hereby established on the acceptance, review, process, or approval of any residential plat, subdivision, comprehensive plan amendment, or rezoning request, and no applications for such approval will be accepted within the existing MUSA ( as of June 16, 2026). This Ordinance shall not apply to the foregoing_ applications for the following: 2 (a) Properties currently outside of the MUSA as of June 16, 2026; (b) Commercial and/or Industrial zoned properties within the MUSA as of June 16, 2026; (c) Subdivisions which have preliminary plat approval from the City prior to the adoption of this Ordinance; (d) Subdivision applications for preliminary plat approval that have been deemed complete applications by the City and any subsequent amendments to the application for preliminary plat approval; and (e) Properties covered under the recently adopted Alternative Urban Areawide Review (AUAR). SECTION 6. Enforcement. 6.01 The City may enforce this interim ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction. SECTION 7. Separability. 7.01 Every section and part of this interim ordinance is declared separable from every other section, provision, and part of this interim ordinance. If any section, provision, or part of this interim 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 interim ordinance. SECTION 8. Effective Date and Duration. 8.01 This interim ordinance shall be in full force and effect upon adoption by the City Council for a period of time not to exceed one year from the effective date, but said time may be extended for such additional period as the City may deem appropriate, not exceeding a total period of eighteen (18) months. Adopted by the Andover City Council on this 16t' day of June 2026. ATTEST: Mich lle Hartner, City Clerk 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 590 SUMMARY AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF CERTAIN RESIDENTIAL DEVELOPMENT IN ORDER TO PROTECT THE PLANNING PROCESS WHILE CONDUCTING STUDIES FOR LOCAL SEWER CAPACITY STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents of the City of Andover. The ordinance establishes a one year moratorium on the approval of certain residential developments in the City in order that appropriate studies may be conducted, and if needed, new amendments to the Zoning Ordinance may be considered for adoption, or amendments to the comprehensive plan. The purpose is to analyze and evaluate the impact of the local sewer capacity, determine appropriate amendments to the zoning district and City Code as may be necessary to mitigate any negative impacts discovered as part of the study, prepare recommendations for amendments to the comprehensive plan if found appropriate, for consideration by the City Council. Upon approval of this interim ordinance and pending completion of the study and the adoption of new or amended official controls, a moratorium is hereby established on the acceptance, review, process, or approval of any residential plat, subdivision, comprehensive plan amendment, or rezoning request, and no applications for such approval will be accepted within the existing MUSA (as of June 16, 2026). This Ordinance shall not apply to the foregoing applications for the following: Properties currently outside of the MUSA as of June 16, 2026; Commercial and/or Industrial zoned properties within the MUSA as of June 16, 2026; Subdivisions which have preliminary plat approval from the City prior to the adoption of this Ordinance; Subdivision applications for preliminary plat approval that have been deemed complete applications by the City and any subsequent amendments to the application for preliminary plat approval; and Properties covered under the recently adopted Alternative Urban Areawide Review (AUAR). GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 16th day of June, 2026. ATTEST: Mic le Hamner, City Clerk