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05-637Amendment No. 1[7-13-OS] ���� Councit Fi1e # CY�- (p 3� �� 31 os ordir,aa�e a Green Sheet # oa� 3�g ORDINANCE CITY OF SAINT PAUL, MINNESOTA 35 Presented By Referred To Committee Date : 2 An interim ordinance pursuant to Minn. Stat. § 462355, Subd. 4, 3 preserving the status quo w�ithin an azea in Ward Seven lvine east 4 of Point Dou¢las Road, �ying-south of Lower Afton Road and west 5 of a line approximate with Winthrop Street, as if Winthrop Street 6 were fully open to the south all the way to the Ramsey 7 County/Washington County Line, pending the completion of a 8 report by a Legislative Advisory Committee regarding the River 9 Corridar Overlay Districts and possible action on the report by the 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 City Council, including any amendments to the City's comprehensive plans and zoning ordinances. THE COUNCIL OF THE CITY OF SA1NT PAUL DOES HEREBY ORDAIN Section 1 Interim Ordinance: Statement of Legislative Intent and Findings. The City's River Corridor Overlay District ordinances were adopted in 1982 as a chapter of the City's zoning ordinances for the purposes of providing comprehensive flood plain and river bluff management practices within the River Corridor Overlay District. Since 1982, various amendments to the City's zoning ordinances and the impact of those ordinance amendments on the comprehensive purpose of the River Corridor Overlay District prompted the creation of a Legislative Advisory Committee to undertake a study and to make recommendations for possible changes to the City's zoning ordinances which may affect the River Corridor Overlay District. The Legislative Advisory Committee has nearly completed its report and recommendations far changes to the City's zoning ordinances affecting the River Comdor Overlay District. There are, within the City's municipal limits, various designated River Corridor Overlay Districts along the length of the Mississippi River from the common boundary with Minneapolis downstream along and to the various common boundaries with the municipalities of Mendota Heights, Lillydale, South Saint Paul and Newport. The azea of the City downstream of the Downtown area within the River Corridor Overlay District, especially the area of the City lying on the easterly bank of the Mississippi River and along and to its intersection with the City's municipal limits with South Saint Paul and Newport, contains a unique mix the City's natural, p� �u� � ��'�" 05- 63l 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 40 41 42 43 44 45 46 47 48 49 50 51 52 built, economic, and social environments. More precisely, that area of the City commonly known as the South Highwood neighborhood is entirely within the River Corridor Overlay District. The azea of South Highwood, bounded on the north by Lower Afton Road and lying to the_ east of Point Douglas Road and the west of Winthrop Street, as if Winthrop were fully opened to the south all the way to the Ramsey County/Washington County Line, contains one of the broadest mixtures of these environxnents ranging from the heavy industrial land and water uses in the vicinity of Red Rock Road to the unique and nearly rural, residential azeas located between Highway 61 and the line delineated by Winthrop Street. This unique combination of land uses creates a special challenge for the City's planning activiries. The Council finds that the City's planning activities would benefit from any report and recommendations for change adopted by the City based upon the wark of the Legislative Advisory Committee presently studying the River Corridor Overlay District. It would, therefore, be in the best interest of the City and its planning process to preserve the statue quo regazding the City's planning activities within this area of the City until such time as the report and recommendations of the Legislative Advisory Committee presently studying the River Corridor Overlay District haue been presented to the City Council and acted upon as required by law. Accordingly, it is the desire of the Council of the City of Saint Paul to establish, under this interim ordinance, a moratorium to protect the general health, welfare and safety of the public and to preserve the status quo with respect to the present land use within the area as generally described above and more accurately described as that portion of the City, within Ward Seven, south of Lower Afton Road, east of Point Douelas Road and west of Winthrop Street, as if Winthrop Street were fully opened to the south all the way to the Ramsey County/Washington County Line, and is presently within and subject to any regulation contained within the provisions of the River Corridor Overlay District, pending the conclusion of the report of the Legislative Advisory Committee studying these lands by immediately prohibiting, subject to exception provided by the City Council, any development on any lot or part thereof within the boundaries described above until such time as the said report has been completed and reported to the City Council, and the effective date of any City Council action based upon any recommendations arising therefrom. Section 2 Tnterim Ordinance: Moratorium Imposed; Ward Seven. On any parcel of land, lot, or part thereof within that area of Wazd Seven south of Lower Afton Road, east of Point Douelas Road and west of Winthrop Street, as if Winthrop Street were fully opened to the south, all the way to the Ramsey County/Washington County line, pending the completion of the Legislative Advisory Committee's report on the River Corridor Overlay District and action by the City Council on the said report, the issuance or approval of zoning permits, site plan and lot split or plat approvals, and building permits or occupancy certificates, aze prohibited until the expiration of twelve months or until such earlier time as the City Council has taken action on the recommendations contained in the said report, unless otherwise provided by the City Council. Section 3 Interim Ordinance: Moratorium; Written Reauests for Zoning Approvals, Compliance with Minn. Stat. § 15.99. Until such rime as the said report has been completed and acted upon by the City Council, City departments receiving written requests for approvals within the areas of Ward Seven regulated under this interim ordinance shall accept complete requests and immediately process such requests in accordance with the provisions of Minn. Stat. § 15.99, 05-b3 7 Subd. 2, consistent with the legislative intent expressed under this interim ordinance. Section 4 A. For the putposes of this interim ordinance only, the following pernuts aze exempted from the provisions of this interim ordinance: 1. Building, plumbing, mechanical and electrical pernuts for repairs or minor alterations to confonniug or non-conforming structures, or for work necessary to maintain the health and safety of occupants of such structures. 2. Building, plumbing, mechanical and elechical permits for work on dangerous or vacant buildings administered under Legislative Code Chapter 43. 3. Demolition permits for nuisance buildings pursuant to Legislative Code Chapter 45. B. For the purposes of this interim ordinance only, the following zomng applications are exempted from the provisions of this interim ordinance and may be processed, as required, by the planning administrator, the zoning administrator, the board of zoning appeals ar the planning commission as specified below: Building permits for Yhe purpose of building a new, single- family dwelling at 413 Burlington Road. Section 5 Interim Ordinance: Moratorium; Effective Date. The effective date of the moratoriuxn enacted under this interim ordinance is deemed to be as of the effective date of the Resolution in Council File No. 0'_�-623 Requested by Department of: By: Adopted by Council: Adoption Certified By: Approved by By: nate < =' < � L �� /i5L ///ic7D�� � Council ecsetasy Form Approved by City Attorney By: for Submission to Council �'. � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet. DepartmenUoffice/council: cn -c�rynno� Contad Person & Phone: Peter Wamer Must Be on Council Agenda by (Dafe): Contract Type: OR-0RDINANCE Date Initiated: 13JUL-05 � ' Assign Number For Routing Order Green Sheet NO: 3027378 0 �GSNAttornw 1 I 1 ,GtiNAttornev DenartmentlNector 2 omN 3 erk 4 5 05 -b3 7 � ToWI # of SignaW re Pages _(Clip All Lowtions for Signature) Action Requested: An interim Ordinance amending C.F. # OS-637 preserving the status quo within an area in Ward Seven lying south of Lower Afton Road and west of Winthrop to the Ramsey County/Washing[on County Line, pending the completion of a report regarding the River Coiridor Overlay District. Planning Commission 1. Has this persoNfirtn e�erworked under a contrect fur this department? CIB Committee Yes No CiHI Service Commission 2. Has this persoNfirtn e�er been a city employee7 Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any curterrt city employee? Yes. No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, Wha; When, Where, Why): AdVanta9e5 If ApproV ed: DisadvanWgeslfApproved: " Disadventages If Not Approved: foWl Amount of Transaction: Funding Source: Financial Infortnation: (Explain) CosURevenue Budgeted: Activity Number. July 13, 2005 9:49 PM Page 1 Amendment No. \ ����/ amendments to the ordinances. Council File # ��— � � � Ordinance # Green Sheet # a� 3"1$ ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee Date : 2 An interi ordinance pursuant to Minn. Stat. § 462355, Subd. 4, 3 preserving status quo within an azea in Ward Seven lying south 4 of Lower Aft Road and west of a line approximate with 5 Winthrop Stree as if Winthrop Street were fully open to the south 6 all the way to the amsey County/Washington County Line, 7 pending the comple ' n of a report by a Legaslative Advisory 8 Committee regazding e River Corridor Overlay Districts and 9 possible action on the r ort by the City Council, including any 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 1 [7-13-OS] aoos THE COUNCII. OF THE CITY OF ve plans and zoning PAUL DOES HEREBY ORDAIN Interim Ordinance: Statement of Legislative Intent d Findings. The City's River Corridor Overlay District ordinances were adopted in 1982 as a c ter of the City's zoning ordinances for the purposes of providing comprehensive flood plain and ver bluff management practices within the River Corridor Overlay District. Since 1982, various amendments to the City's zoning ordinanc and the impact of those ordinance amendments on the comprehensive purpose of the Ri r Corridor Overlay District prompted the creation of a Legislative Advisory Committee to und ake a study and to make recommendations for possible changes to the City's zoning ordinanc which may affect the River Corndor Overlay District. The L,egislative Advisory Committee as nearly completed its report and recommendations for changes to the City's zoning ordinances fecting the River Corridor Overlay District. There are, within the City's municipal limits, vazious designated River Corrido verlay along the length of the Mississippi River from the common boundary with Minne olis downstream along and to the various common boundaries with the municipalities o Me� Heights, Lillydale, South Saint Paul and Newport. The azea of the City downstream o tt Downtown area within the River Corridor Overlay District, especially the area of the Ci on the easterly bank of the Mississippi River and along and to its intersection with the Ci municipal limits with South Saint Paul and Newport, contains a unique mix of the City's Districts lying 05-� 3 7 2 built, economic, and social environments. More precisely, that area of the City commonly 3 known as the South Highwood neighborhood is entirely within the River Corridor Overlay 4 tzict. The area of South Highwood, bounded on the north by Lower Afton Road and lying to 5 the est of Winthrop Street, as if Winthrop were fully opened to the south all the way to the 6 Ram County/Washinb on County Line, contains one of the broadest mixtures of these 7 enviro ents ranging from the heavy industrial land and water uses in the vicinity of Red Rock 8 Road to e unique and nearly rural, residential areas located between Highway 61 and the line 9 delineated Winthrop Street. This unique combination of land uses creates a special challenge 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 40 41 42 43 44 45 46 47 48 49 50 51 52 for the City' lanning activities. The Council finds that the City's planning activities would benefit from an report and recommendations for change adopted by the City based upon the work of the Legis tive Advisory Committee presently studying the River Comdor Overlay District. It would, t refore, be in the best interest of the City and its planning process to preserve the statue qu regazding the City's planning activities within this area of the City until such time as the report d recommendations of the L,egislative Advisory Committee presently studying the River Corrid Overlay District have been presented to the City Council and acted upon as required by law. Accordingly, it is the desire of e Council of the City of Saint Paul to establish, under this interim ordinance, a moratorium protect the general health, welfare and safety of the public and to preserve the status quo with spect to the present land use within the area as generally described above and more accurately scribed as that portion of the City, within Wazd Seven, south of Lower Afton Road and west o inthrop Street, as if Winthrop Street were fully opened to the south all the way to the Ramsey Co ty/Washington County Line, and is presently within and subject to any regulation contained wit ' the provisions of the River Corridor Overlay District, pending the conclusion of the report the Legislative Advisory Committee studying these lands by immediately prohibiting, subject exception provided by the City Council, any development on any lot or part thereof within the oundaries described above until such time as the said report has been completed and reported to e City Council, and the effective date of any City Council action based upon any therefrom. Section 2 Interim Ordinance: Moratorium Imposed: Ward 5even. any parcel of land, lot, or part thereof within that area of Ward Seven south of Lower Afton ad and west of Winthrop Street, as if Winthrop Street were fully opened to the south, all the way t the Ramsey County/Washington County line, pending the completion of the L.e �slative Advisory Committee's report on the River Corridor Overlay District and action y the City Council on the said report, the issuance or approval of zoning permits, site plan and lo plit or plat approvals, and building pemuts or occupancy certificates, are prohibited until the e iration of twelve months or until such earlier time as the City Council has taken action on t recomnnendations contained in the said report, unless otherwise provided by the City Council. Section 3 with Minn. Stat. � 15.99. Until such time as the said report has been completed and ted upon by the City Council, City departments receiving written requests for approvals within areas of Ward Seven regulated under this interim ordinance shall accept compiete requests and immediately process such requests in accordance with the provisions of Minn. Stat. § 15.9 Subd. 2, consistent with the legislative intent expressed under this interim ordinance. 05-�37 1 Section 4 � A. For the ourooses of this interim ordinance oniv, the following pernuts are exempted from the 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1. Buildin¢, vlumbine, mechanical and electrical nernuts for reoairs or minor alterations to conformine or non-conformine structures, or for work necessar� to � maintain the health and safety of occupants of such structures. 2. 3. 45. 1. Bus�e]inE ve� �� enacted under this interim ordinance is deemed to be Council File No. effective date of the moratorium f the effective date of the Resolution in Requested by Department f: Adopted by Council: nate Adoption Certified by Council Secretary By: Approved by Mayor: Date By: BY: Form Approved by City Attorney sy: /7� ��a,w.t- '7—(,�^OT Approved by Mayor for Subsrussion to By' Council File # � �� �� ( Ordinance # GreenSheet# 3��`�o�`i� Presented By Referred To ORDINANCE CITY OF SAINT PAUL, MINNESOTA Committee Date : 2 An interim dinance pursuant to Minn. Stat. § 462355, Subd. 4, 3 preserving th tatus quo within an area in Wazd Seven lying south 4 of Lower Afton ad and west of a line approximate with 5 Winthrop Street, as ' Winthrop Street were fully open to the south 6 all the way to the Ram y CountylW ashington County Line, 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 pending the completion a report by a Legislative Advisory Committee regarding the R er Corridor Overlay Districts and possible action on the report b the City Council, including any amendments to the City's comp ensive plans and zoning ordinances. THE COUNCIL OF THE CTTY OF SAINT UL DOES HEREBY ORDAIN Section 1 I�terim Ordinance: 5tatement of Legislative Intent and Fi ings. The City's River Corndor Overlay District ordinances were adopted in 1982 as a chapter o he City's zoning ordinances for the purposes of providing comprehensive flood plain and river blu management practices within the River Corridor Overlay District. Since 1982, various amendments to the City's zoning ordinances and the pact of those ordinance amendments on the compsehensive purpose of the River Corrid Overlay District prompted the creation of a L.egislative Advisory Committee to undertake a st and to make recommendations for possible changes to the City's zoning ordinances which affect the River Corridor Overlay District. The Legislative Advisory Committee has nearly ompleted its report and recommendations for changes to the City's zoning ordinances affecting t e River Corridor Overlay District. There are, within the City's municipallimits, various designated River Corridor Overlay istrict along the length of the Mississippi River from the common boundary with Minneapolis downstream along and to the various common boundaries with the municipalities of Mendot Heights, Lillydale, South Saint Paul and Newport. The area of the City downstream of the Downtown azea within the River Corridor Overlay District, especially the area of the City lying on the easterly bank of the Mississippi River and along and to its intersection with the City's municipal limits with South Saint Paul and Newport, contains a unique mix of the City's natural, os-�3� 7 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 built, economic, and social environments. More precisely, that area of the City commonly known as the South Highwood neighborhood is entirely within the River Corridor Overlay District. The area of South Highwood, bounded on the north by Lower Afton Road and lying to the west of Winthrop Street, as if Winthrop were fully opened to the south all the way to the Ramsey County/Washington County Line, contains one of the broadest mixtures of these vironments rangng from the heavy industrial iand and water uses in the vicinity of Red Rock R d to the unique and nearly rural, residential areas located between Highway 61 and the line deli ated by Winthrop Street. This unique combination of land uses creates a special challenge for the ity's planning activities. The Council finds that the City's planning activities would benefit m any report and recommendations for change adopted by the City based upon the work of th gislative Advisory Committee presently studying the River Corridor Overlay District. It w Id, therefore, be in the best interest of the City and its planning process to preserve the sta e quo regarding the City's planning activities within this area of the City until such time as the r ort and recommendations of the L.egislative Advisory Committee presently studying the River rridor Overlay District have been presented to the City Council and acted upon as required by 1 Accordingly, it is the des of the Council of the City of Saint Paul to establish, under this interim ordinance, a morat um to protect the general health, welfare and safety of the public and to preserve the status qu with respect to the present land use within the azea as generally described above and more acc tely described as that portion of the City, within Ward Seven, south of Lower Afton Road and est of Winthrop Street, as if Winthrop Street were fully opened to the south all the way to the Ram y County/Washington County Line, and is presently within and subject to any regulation contain within the provisions of the River Comdor Overlay District, pending the conclusion of the port of the I.egislative Advisory Committee studying these lands by immediately prohibiting, s bject to exception provided by the City Council, any development on any lot or part thereof wi ' the boundaries described above until such time as the said report has been completed and repo d to the City Council, and the effective date of any City Council action based upon any recommen tions arising therefrom. lnterim Urdinance: Moratorium Im osed• Ward S en. On any pucel of land, lot, or part thereof within that area of Ward Seven south of Lower ton Road and west of Winthrop Street, 36 as if Winthrop Street were fully opened to the south, all th way to the Ramsey 37 County(Washington County line, pending the completion of e Legislative Advisory 38 Committee's report on the River Corridor Overlay District an ction by the City Council on the 39 said report, the issuance or approval of zoning pernuts, site plan nd lot split or plat approvals, 40 and building pernuts ar occupancy certificates, aze prohibited unti the expiration of twelve 41 months or until such earlier time as the City Council has taken acti on the recommendations 42 contained in the said report, unless otherwise provided by the City C ncil. 43 � 2 OS- 6 37 Section 3 Interim Ordinance: Moratorium: Written Requests for Zonin� Approvals. Comnliance with Minn. Stat 15.99. Unril such time as the said report has been completed and acted upon b the City Council, City depariments receiving written requests for approvals within the areas of W Seven regulated under this interim ordinance shall accept complete requests and imme �ately process such requests in accordance with the provisions of Minn. Stat. § 15.99, Subd. 2, onsistent with the legislative intent expressed under this intenm ordinance. Section 4 Interim OrdinanZ : Moratorium• Effective Date. The effective date of the moratorium enacted under this in 'm ordinance is deemed to be as of the effective date of the Resolution in Council File No. . Requested by Departmen� of: BY: Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Form Approved by City Attorney �,: �� ��� � Approved by Mayor for Submission to By: Adopted by Council: Date a5-lo37 _,, �, Green Sheet Gre.en;Sheet .Green Sheet Green Sheet Green Sheet Green 5heet � �iTy Attaney 8 Phone: OR-0RDINANCE Tofal # of SignaW re 06.1UL-05 � , Assign Number For Routing Order (Clip All Locations for Signature) Green Sheet NO: 3027247 Deoartment SentTOPerson InitiallDate 0 ' Attom I " Attoro De arlmentD' ector 2 ouncil Couucil 3 KStY Clerk Ltilv ('lerk 4 I 5 An interim ordinance pursuant Minn. Stat. 462355, Subd. 4, preserving the sTatus quo within an azea in Wazd Seven lying south of Lower Afton Road and west of line approximate with Wintluop Street, as if Wintluop Street were fully open to the south to the Ramsey County/Washington Coun Line, pending the completion of a report regazding the Aiver Corridor Overlay District. Recommendatiofr: Appro�e (A) or Reject Planning Commission CB Committee Crvif Senice Commission Initiating Problem, Issues, Opportunity (Who, Wha; When, answers on separate sheet and attach M green sheet Advantages IfApproved: Disadvanqges If Approved: Disadvantages If NotApproved: Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgefed: Personal Service Contraets Must Mswer the Folbwing Questions: 1. Has this persoNfirm e�er worketl under a contract for this departmeM? Yes No 2. Has this persoNfirm e�er been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any curreM city employee? Yes No Activity Number: July 6, 2005 2:59 PM Page 1