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2004-11 ORDINANCE NO. 2004-11 ,-, AN ORDINANCE AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO FRONT-YARD PARKING REGULATIONS AND PLACING A MORATORIUM ON THE INSTALLATION OF PAVEMENT IN FRONT-YARD AREAS THE CITY OF RICHFIELD ORDAINS: Section 1. Backaround. 1.01 The City Council of the City of Richfield has held several discussions related to front-yard parking regulations. 1.02 Front-yard parking regulations have been a concern of the City Council and citizens due to an excessive amount of paving and vehicles in front yards within the City. 1.03 The issue of pavement in front yards is particularly common along major streets in the City where on-street parking is prohibited. 1.04 The City has studied and reviewed its zoning and parking regulations to determine the most appropriate amendments to its regulations relating to front-yard parking. ,....., 1.05 The City staff is in the process of developing amendments to the City's zoning and parking regulations to implement the results of that study and review. 1.06 The City is concerned that continued paving in front yard areas will frustrate the City's efforts to address front-yard parking issues and will be detrimental to the best interests of the public. 1.07 Minnesota Statutes, section 462.355, subdivision 4, allows the City to adopt an interim ordinance for the purpose of protecting the planning pro~ess and the health, safety and welfare of its citizens. Section 2. Findinas 2.01. The City council finds that it is necessary to amend the City's current regulations regarding vehicular parking in front yard areas and to implement the results of the City's study regarding parking in front yard areas. 2.02. The City Council finds that there is a need to adopt an interim moratorium ordinance for the purpose of protecting the planning process and the health, safety and ~ welfare of its citizens regarding such matters. Section 3. Plannina and Zonina Studv; Moratorium 3.01. The City staff is directed to implement the results of the City's study concerning front-yard parking and paving by developing appropriate amendments to the City's regulations. In particular, the amendments will address the issues of parking surfaces, and numbers and locations of vehicles in front-yard areas. 3.02 Upon completion of the City staff's work, the matter is to be considered by the City Council for formal adoption of amendments to the relevant parking and zoning regulations. 3.03 A moratorium on the installation of pavement in front-yard areas, as defined by the City's Zoning Ordinance, except for the area extending the width of the garage or carport and lying between the garage doors or carport openings and the street, is adopted pending the adoption of any amendments to the City parking and zoning regulations. Section 4. Enforcement. The City may enforce this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 5. Term. The moratorium period created under this ordinance will expire one year from the effective date of this ordinance unless earlier repealed by the City Council. The moratorium may be extended for a reasonable time, as allowed in Minnesota Statutes Section 462.355, subd. 4, as necessary to complete the study and adopt the necessary amendments to the City's zoning and parking regulations. Section. 6. Effective Date. This ordinance is effective as provided by section 3.09 of the Richfield City Charter. /~~>~u Martin J. Kirs'eR-;' ayor ATTEST: CI" --- .~ I newspapers AFFIDAVIT OF PUBLICATION ......STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applic- able laws, as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for -2rnL successive week(s); it was first published on Thursday, the --4- day of November. 2004, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of . 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the '~ notice: abcdefghijklmnopqrstuv\uyz BY:~ Subscribed and sworn to or affirmed before me on this ~ day of November. 2004. A~~ Notary PU~ e MARY ANN CARLSON NOTARY PUBUC - MINNESOTA MY COMMISSION EXPIRES 1-3H18 RATE INFORMATION ~1) Lowest classified rate paid by commercial users I for comparable space $ 2.85 per line I (~) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line City otRichfield (Official Publication) ORDINANCE,NO.2004'11 AN.ORDINANCE CO' . ,q 'if' . nONS A~IlPLACllI{GA i~O .. ONTHIHNSTALLATION OF .' . ~~~JNI!'R~NT-YARDAREAs . TIiE CI'rYOFRIcHFiELb ORDAINS: "SIlg,~O!l'l.'.Iiaek#nd: 1.01'TheCitiCotincil ofthe!City of Richfield has . . heid.severaldis""ssions related to front-yard parkirii reg- ;./w.atlQ~~<:' . . . . (Q2:fri)Ilt'y3rd..parkfug regjl\ations have been a COnCemOf1;hll CiJ;y Council and citiZens due to anexces- . sivll.amotint of.P!lving and vehicles in 'front yards Withln ..the City,.... ..,..:...... . . ." . ", 0< . LOa The js~\lllqf psvementip front y.ri-ds iSj>artic- I uiarlycoin!",on along maj()r streets in the City where on- st~etParliliig~.PrQllibited. . .' 1.01<.... .'I'l1e City~ stulliedand reviewed Its zoning 'ahd'parkirig reguIatio:ns to determine themilst apptopri- , ate amendments. to its regulations relating to front-yard .. parlrin~: ... . ': t:,i.05 ." . . Tile Cjty staff is in the process of developing ,.::,\U!l'mdm~t& to~fCity'szotiing and parkWg~~~t.i9>,I\', l.r,~;~~P~e,9.'!\1~;m~,re~~ ofif't study ,an45~~"P: .... -0,;" , .';7.:1.06' :',I.'h~CitYisconcernedthatcontinuedpavi'Q&ii( tront y'i1id atllilSW:ill frustrate the City's efl'9~toaflc!ress I frOIll;-y~pa1:-kingissueS arid will be demme~tilltothe , .:hes1;intere~u(oftliep\1blic. .' i.Q7.~esota Statutes, secJ;ion'462.355; subdivi- sion '4; allows the City to adopt an interim ordinance for th.e' purpose. (1fprot<Jcting . the planning process apd the he8Ith, sar~iy and '";elfare ofits Citizens. .....sllCtion 2..~ 2:0LThe City' cOimcil fi!l.ds that it is. necesaary to lunimd the Ciiy's'currentregulations regarding velUc1illir parking iri frOIlt y8rd ate:'Sai>.d t<? jmplem~1; the~ults of the City'S8t!1dy regarding parking m frOnt yard areas' 2.02. ThllCItyCouncl1fu.ds that there is al).elJdto. , adopt aninteriin moratorium ordinance for the purpose of pr<!teCting~. pl,annirigp~ and the healtll, s~ty and welfare of Its'CItizenS regarding ~uch matters. '. . . "~:.s .'. 'on 3.~?';" in... An<!';;.nnin".Rtudv:Moratorium' ;~:,G~ ::~~,::1:0 I "'~.1~:'dfrected ito impl~I!l~",t.there".. i'i'~~' sfudycon~gfront-yardParkirigand ..' . . ping lI-ppropnate amendments .t? -the tity's r~gulatioI1Sc. In p~cular, the amendments will ad- i. dr<issthe:isSueilorparking surfaces, and numbllrsand 10- iati(jJis Ofvehicl'7' infrOnt-Yard;areas. . ' ','.' "''3'02 ". UP9Il~;':'pletion of th~ City st!liY.s w9rk, thai :."" tfu: to be Clinside1'ed'by the Cit); Councjl,fodorm . .... <f~j>tio;ofronoilidmentS:totb.~ relevant par~ andz9~-, . ipg-,eguiations,;' .'. . . '. ..' .' .. ';'303A.moi,atotlUmon th~ installa~on ofpil~ement ~ frO. .. ..n.~yai-d. areas;.' alidefi!l.ed- by th~Gllth;is~~g o<r:~ . ;.",~ce;.ex~.::d.==~~e:ar~ doors or garage. or ;'aridtbe street, is adopted pending' the ..~:oJ'~:rij1tiIlcb11ents to the City parJring andzon- i;"'~~til?~;'mZ:ent; The City may enforce~ ~o'b\J:~'d8inUs, irijtinctionor.~er. ill?propnate ,....~Vil~~~~~~~:~::::::;~n~r~J~d:.i: . r:' "'. ~!lnq.;~will exPire' one yeadriilll the effec-. ~Ilet this ~Onlli.lIDce uDles8. earlier. repeale.dbY tl1~,", ti~eaate 0.. torium may be '~i' Clty ~. "inMinn . s,oIl ".. 'to co' 462 . . . ...... .... .hfl"Pt;tJie. n~ary amendnIent' to i>l1i'~regulatiOIlS' ..... . . ~bE(.d:i'1I1Da~..~ ~? ~tr~4~~;~~3,09:Qfthe.: l'48rtin J; ~SC#, May-Q! . -.." ,-:,;" .' ::~:A~$t ~ --, . k.'~~L'1l~9ibb$,!-~1plll!k,.\,;,. ..' .' .... '. . (NovA, 20Q4)d21ord 2004' 11