Title
Approving a bridge resolution for a zoning study in District 9.
Body
WHEREAS, the City's zoning ordinance, duly adopted pursuant to its delegated police powers, contains various land use district classifications including several classifications for residential-use districts which are defined by minimum lot-area per dwelling-unit density standards; and
WHEREAS, as provided under Minn. Stat. § 462.357, Subd. 1, the City's residential-use zoning classifications are established upon legislative determinations that the use classifications will promote "public health, welfare, safety, morals and general welfare" and are well planned, are expected to be somewhat permanent, and are in conformance with the City's Comprehensive Plan; and
WHEREAS, as required by Minn. Stats. §§ 462.355, Subd. 1a and 473.864, Subd. 2, the City, on February 24, 2010, duly updated its Comprehensive Plan; and
WHEREAS, the Land Use Chapter of the updated Comprehensive Plan sets forth various strategies to guide the City's land use decisions including strategies related to the maintenance of the City's "Established Neighborhoods." Land Use Strategy 1.5 specifically provides that "the City should maintain the character of Established Neighborhoods" which, the Plan notes, are "characterized almost entirely by single-family houses and duplexes;" and
WHEREAS, on July 7, 2010, the City adopted a new District 9 Area Plan as an addendum to the Comprehensive Plan; and
WHEREAS, the District 9 Area Plan's Housing Strategies calls for the preservation and improvement of existing housing and, in particular, calls for an assessment of impacts on Established Neighborhoods caused by converting single-family dwellings into multi-family dwellings; and
WHEREAS, the City Council is generally aware, and accordingly finds for the purposes of this interim ordinance, that Established Neighborhoods with residential structures originally constructed as single-family homes which have subsequently been converted into duplex or triplex homes can often lead to serious adverse affects when these converted homes are no longer owner occupied or where such converted homes are not occupied for extended periods of time; and
WHEREAS, the District 9 Area Plan's Housing Strategies specifically calls for a study of that area within District 9 bounded by Grand Avenue to the North, Interstate 35E to the Northwest, Smith Avenue to the East, Shepard Road to the Southeast and Grace Street to the South, for the purpose of assessing the impact of converting single-family homes into multi-family residences and, further, to consider whether down-zoning in the described area will prevent future changes in the condition of this Established Neighborhood by prohibiting single-family home conversions and, accordingly, preserve the prevailing character of this Established Neighborhood as is consistent with the updated Comprehensive Plan's Housing Chapter Strategy 2.1 which states "Maintain the vitality and high quality of life in existing stable neighborhoods;" and
WHEREAS, the City Council therefore finds it necessary to request the planning commission to undertake a zoning study to assess the impact of converting single-family homes into multi-family residences in that area of the District 9 Planning District set forth in the preceding paragraph of this resolution as well as to make any recommendations regarding down-zoning or any other amendment(s) to the City's official controls which would preserve the prevailing character of the said neighborhood; and
WHEREAS, during the period in which the said zoning study is underway, the City Council desires to maintain the status quo of residential housing in the said study area by immediately and temporarily prohibiting the issuance of zoning and building permits or approvals which would permit an existing single-family home within that area of the District 9 Planning District described in this resolution to be converted into a two- or three-family dwelling until such time as the zoning study of this matter has been completed and the City Council has taken action on the recommendations contained therein; NOW, THEREFORE,
BE IT RESOLVED, that the Council of the City of Saint Paul, based upon the findings noted above and for the general welfare of the public, deems it necessary to hereby immediately prohibit the issuance or approval of any zoning and building permits which would permit an existing single-family home within that area of the District 9 Planning District described in this resolution to be converted into a two- or three-family dwelling, until the expiration of twelve months as provided in Minn. Stat. § 462.355, Subd. (4), or until such earlier time as the Council has taken action on the recommendations contained in the study; AND,
BE IT FINALLY RESOLVED, as provided in Minn. Stat. § 462.355, Subd. (4), the Council of the City of Saint Paul will, in conformance with City Charter § 6. 05, subsequently enact a separate interim ordinance, consistent with the intent of this resolution, prohibiting the issuance or approval of zoning and building permits which would permit an existing single-family home within that area of the District 9 Planning District described in this resolution to be converted into a two- or three-family dwelling and, for the purpose of complying with the time limit imposed on interim ordinances under Minn. Stat. § 462.355, Subd. (4), the effective date of the said interim ordinance shall be the effective date of this resolution and, finally, upon the effective date of the said interim ordinance, the regulatory effect of this resolution shall terminate with no additional action on the part of this Council.
Drafter
Peter Warner, 9/17/2010
Key Staff Contact
Patricia Lindgren