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HomeMy WebLinkAboutNo 836 An Ordinance for the Purpose of Protecting the Planning Process and Developing Land Use and Zoning Standards for the Area South of Linwood ORDINANCE 836 AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING LAND USE AND ZONING STANDARDS FOR THE AREA SOUTH OF LINWOOD AVENUE IN MAPLEWOOD, MINNESOTA The area under consideration in this ordinance (hereinafter referredto as the “south Maplewood Study Area”) includes the land south of Linwood Avenue in Maplewood (refer to the south Maplewood Study Area map attached for the exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01The City of Maplewood is currently conducting a study that includes land use and planning components for the area south of Linwood Avenue. 1.02The objective of the study is to review existing and planned land uses and zoning designations and the existing natural and man-made features in the south Maplewood study area. The city will use this information to possibly change the zoning ordinance or the land use plan in the area to create better planned and constructed developments and neighborhoods. 1.03In addition to the study, the city’s zoning ordinance, zoning map, and comprehensive plan may need to be revised because of the following issues: -Land use -Minimum lot sizes -Utility availability -Building setbacks -Building height -Pedestrian flow and safety -Parking -Landscaping -Topography -Wetlands and other water features -Housing density -Traffic 1.04There is a need for the city to do these studies so that the city may adopt changes to the city’s zoning ordinance, zoning map and the comprehensive plan for the area south of Linwood Avenue. SECTION 2. REDEVELOPMENT STUDY; MORATORIUM 2.01The study is authorized by the city. City staff shall coordinate this study with the planning commission, the City of Woodbury, property owners, interested citizens, and the city council. 2.02Upon completion of the study, city staff will present the study and its results to the planning commission and community design review board for their review and recommendation to the city council. 2.03A moratorium on development in the south Maplewood Study Area is adopted pending completion of the study and/or the adoption of any amendments to the city’s zoning ordinance, zoning map, or comprehensive plan as the city deems necessary as a result of the study. The city will not approve any subdivision or building permit for a new building, except for those parcels that are one acre in size or smaller and now of record,or that have been exempted during the moratorium period. Maplewood may issue building permits for the expansion or remodeling of existing structures, for accessory structures or for one new principal structure on an existing lot of record where the owner does not subdivide the property. SECTION 3. TERM 3.01The term of ordinance shall be for one year or until such time as the city council adopts amendments to the city’s zoning ordinance, zoning map, or comprehensive plan as the city deems necessary as a result of the study. SECTION 4. VARIANCES 4.01Variances from this ordinance may be granted by the city council based upon a determination that a proposed subdivision ordevelopment would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a.The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b.The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. c.The application shall be submitted to the planning commission for their review and recommendation to the city council. d.The city council may in its discretion set a public hearing before making a final determination on the requested variance. e.The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to meet the purpose and intent of this ordinance. Passed by the Maplewood City Council on December 9, 2002.