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05-873������ - �/a��aoos RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date � 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, the Council of the City of Saint Paul, in Council File No. OS-875 , has initiated the process to enact, pursuant to Minn. Stat. § 462355, Subd.4, an interim ordinance to maintain the status quo of development in that azea of the City along Grand Avenue between Ayd Mill Road and Oakland Avenue based upon the need to thoroughly study a new Area Plan proposed by the District 16 Planning Council; and WHEREAS, the interim ordinance process requires a study of the said azea by the planning commission and the prepazation of a report and recommendation by the planning commission to the City Council for possible changes to the City's zoning ordinances and Comprehensive Plan regazding land use regulations for the said area; and WHEREAS, the process under the City Charter to enact an interim ordinance, which calls for the planning commission to undertake a study and to deliver to the City Council a report and recommendations based upon the said study, create the potential for zoning and building permit application approvals during the time of the study process that would pezmit uses and structures that may be incompatible or inconsistent with the City's long term development objectives for the said area as recommended by the planning commission and adopted by the City Council; and WIIEREAS, the potential for incompatible or inconsistent development within the said study area raises substantial questions relating to the ability of the City's present official controls to provide compliance with the longer term development objectives for tbe study area as well as the City's Comprehensive Plan; and WHEREAS, because the planning process for the study area is presently incomplete and for the purpose of preserving the sTatus quo regarding land use in the study area, and Yo preserve the public's health, welfare and safety pending the conclusion of the said study, the Council of the City of Saint Paul desires to immediately tempozarily prohibit development on any land or lot of record or part thereof within the siudy area as set forth below, until such time as the aforementioned study has been completed and presented to the planning commission and the Council has taken action on any recommendations contained therein; NOW, THEREFORE, BE IT RESOLVED, that the City shali undertake a study of Grand Avenue between Ayd Mill Road and Oakland Avenue in order to further study the new Area Plan proposed by DistricT 16 Planning Council; and CouncilFile# O�` ��� GreenSheet# ����5 d �O 0� P�.� BE TI' FURT`F3ER RESOLVED, on any pazceI of Iand or part thereof within the study area, pending the completion of a study and action by the City Council on the study_, the issuance or approval of plats, lots sphts, and bmiding or zoning pernuts, for the develogment of new .� buildinas and-substantial enYargemeats of e�st�ng;biuldtngs 7s prohtbited until the expiration of twelve months as provided in Minn. Stat. § 4b2355, Subd. 4 or until such earlier time� the City Council has taken acrion on the recommendations contained in the study�c�;'�nd 9 BE TT FITRTHER RESOLVED, until snch time as the said study has been completed and acted 10 upon by the City Council, City departments receivin� written requests for the approvals noted 11 herein shall accept complete requests and immediately process such requests in accordance with 12 the provisions of Minn. Stat. §1599, Subd. 2 and consistent with the intent expressed in t[us 13 resolution and the accompanying interim ordinance; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SI 52 BE TT FLJR'I'��R RESOLVED, that the moratorium provided for herein, to be enacted as an interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4 under a separate ordinance adopted in conformance with City Charter Chap. 6, shall, for the computation of the duration of the interim ordinance, state that the effective date of the interim ordinance is the same as the effective date of this resolution; and BE 1T FLTRTHER RESOLVED, The area of the study is as follows: those zoning lots of record which abut either the north or south side o£ Grand Avenue, between the intersection of Grand Avenue and Ayd Mill Road to the intersection of Grand and Oakland Avenues. Lots of record adjacent to the lots subject to this interim ordinance and more specifically, those lots with a front loY line abutting either Summit Avenue or Lincoln Avenues, provided that any such lot would not be classified as "through-loY' between Grand and Summit or Grand and Lincoln Avenues, are exempt from the provisions of this interim ordinance; and os- g73 2 BE IT FCTRTHER RESOLVED, that the following aze exempted from the provisions of 3 this resolution: 4 5 1. Building, piumbing, mechanical and electrical pernuts for repairs or minor 6 alterations to conforming or non-conforming structures, or for work on dangerous 7 or vacant buildings administered under Leb slarive Code Chapter 43, or for wark 8 on single or multi-family residential structures or uses. 9 2. For work on single or multi-family residential stmctures and institutional uses on 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 residenrially zoned land. 3. The Council may consider additional exemptions, to be granted by amendment of this interim ordinance, to approve applications for new uses that are pernutted under any particular zoning classification of a lot within the study area, provided that the new use will locate within an existing and legally confornung or nonconforming structure. Requests to amend this interim ordinance should be submitted to the City Council Secretary and, depending on the nature of the request, to the appropriate city department designated to administer and enforce a particular provision of the zoning code. AND, BE TT FINAI.LY RESOLVED, until such time as the said study has been completed and the Council has reviewed and acted upon recommendations for possible adoption, city departments receiving written applications for the approvals noted above shall accept the applications and immediately process them in accordance with the provisions of Minn. Stat. § I5.99, Subd. 2 and consistent with the intent of this resolution and the interim ordinance. Requested by Department of: Adopted by Council: Date Y'C.,v'k-j"3R.� � 0� o✓�� Adoption Certified by Council Secretary �: � Approved by yor: Date / By: 3 1/�/l/'7i �s% ��l�J S. �-/sylP✓/ OU ��////I�/v � By: Form Approved by City Attorney aY: �/"� �.✓�✓a�..w— °t -/°(- oJ' Approved by Mayor for Submission to Council By: OS $?3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenUoffice/council: CO �uncil Contact Person 8 Phone: CouncilmemberThune 266-8620 Must Be on Council Agenda 6y 21-SEP-0S Date Initial 15-SEP-OS � Assign Number For Routing Order Green Sheet NO: 3028030 ueoartment senc � o rerson 0 ouncil 1 ouocil DeoarLmentDireUOr i 2 iw ('lerk I CiN Clerk 3 4 � 5 � ToWI # of Signature Pages _(Clip All Loca6ons for Signature) Action Requested: Undertaking a study of Grand Avenue between Ayd Mill Road and Oakland Avenue in order to fiuther study the new Area Plan proposed by the Dish 16 Planning Council and for a moratorium to be enacted as an interim ordinance pursuant to Minn. Stat. 462355, Subd. 4. Recommendations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission rersonai service wn�reccs musc 1. Has this person/firm ever worked under a contract for this department� Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current aty employee? Yes No 6cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvantaqeslfApproved: Disadvantages If Not Approved: Transaction: Fundinp Source: CostlRevenue Budgeted: ActiviN Number: Financial Information: (Explain)