04-9563r
163
RESOLUTION NO. 9563
A RESOLUTION ESTABLISHING A ONE YEAR
MORATORIUM ON THE DEVELOPMENT OF CERTAIN
PROPERTIES AT THE INTERSECTION OF 66TH STREET
AND PORTLAND AVENUE AND DIRECTING THAT A
PLANNING STUDY BE CONDUCTED
WHEREAS, the intersection of 66th Street and Portland Avenue in the City of
Richfield is rated first in Hennepin County's crash ranking of all suburban intersections in
Hennepin County, based on the rate of vehicular accidents, the number of vehicular
accidents, and the severity cost of vehicular accidents that have occurred at that intersection
over the past three years; and
WHEREAS, the City has included the reconstruction of the 66th Street and Portland
Avenue intersection in its 2001-2005 Capital Improvement Program; and
WHEREAS, the City has qualified for a grant of $1.8 million in federal funds, to be
administered through the Metropolitan Council, for the reconstruction of the intersection; and
WHEREAS, a condition of the grant of funds is that the contract for reconstruction be
let by no later than September 30, 2006; and
WHEREAS, the reconstruction of the 66th Street and Portland Avenue intersection will
require additional right of way from one or more properties abutting that intersection, and the
taking of that right of way will result in remnant parcels; and
WHEREAS, the City Council has determined a need to undertake a study to
determine the appropriate land uses for the land in the immediate vicinity of the intersection,
including but not limited to the appropriate integration of land uses and transportation
infrastructure; and
WHEREAS, upon completion of the study, the City Council, together with such city
commissions as the City Council deems appropriate or as may be required by law, will
consider the advisability of amending certain official controls, which may include the City's
comprehensive plan, zoning ordinance, capital improvement program or other official
controls; and
WHEREAS, in order to protect the planning process, the City Council has determined
that no development or other land use changes should occur until the study process is
complete; and
WHEREAS, Minnesota Statutes, Section 462.355, subdivision 4 allows the City to
adopt an interim ordinance for the purpose of protecting the planning process and the health,
safety, and welfare of its citizens.
1
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota as follows:
1. The City Council finds that it is necessary to conduct planning studies to determine the
appropriate land use controls that should apply to properties in the vicinity of the intersection
of 66th Street and Portland Avenue. The purpose of the studies includes, but is not limited
to, determining the appropriate land use and development standards that should apply to
such property and determining the appropriate changes, if any, that should be made to the
City's official land use controls, including but not limited to the City's Zoning Ordinance,
Comprehensive Plan, and Capital Improvement Program.
2. The City Council finds that there is a need to adopt a moratorium ordinance for a
portion of the City ("Moratorium Area"), while the studies referenced in Paragraph 1 of this
resolution are being conducted. The Moratorium Area includes those properties identified and
shown in the attached Exhibit A.
3. The City Council finds that this moratorium should apply to all land use and traffic,.
related applications affecting properties within the Moratorium Area, including, but not
necessarily limited to, requests for rezoning, subdivisions, variances, conditional uses, site
plan review, changes in curb cut location, and off-street parking, as well as building permits
for the expansion of any existing use or the establishment of a different use than the existing
use.
4. A study is authorized to be conducted by City staff, to be followed by consideration of
potential changes to the city's official land use controls by the City Council and such other
commissions of the City as required by law or as directed by the City Council.
5. Pending completion of the study and adoption of any amendments to the City's official
controls, a moratorium is established on the issuance of City approvals for the properties in
the Moratorium Area, as provided in this paragraph. No building permit may be issued for the
expansion of any existing use in the Moratorium Area or for the establishment of a different
use than the existing use; however, building permits may be issued for routine maintenance
or routine repairs of an existing use that do not constitute an expansion or a change in use.
No applications for any of the following approvals may be granted or processed during the
period of the moratorium: rezoning, comprehensive land use plan amendment, subdivision
or consolidation approval, variances, conditional use permits, site plan approval, changes in
curb cut location, or off-street parking permits.
6. During the period of the moratorium, applications for any such approvals related to
property in the Moratorium Area shall not be accepted by the City nor shall the Planning
Commission or City Council consider or grant approval of any such application, except
after approval of the City Council as provided in paragraph 8 of this resolution.
7. The moratorium established by this resolution shall not apply to any application for
subdivision or consolidation that has received preliminary plat approval prior to the adoption
of this resolution.
2
8. The City Council may approY~~~9~ptions to this moratorium for an application if the
City Council, in its sole discretion, determines that the approval being sought will not interfere
with the purposes for which this moratorium was adopted.
9. Unless earlier repealed by the City Council, the moratorium established under this
resolution shall remain in effect for a period of one year after its effective date.
10. Adopted by the City Council of the City of Richfield, Minnesota this 14 day of
December, 2004.
'~1 --f
/J;/bpt/t1-'. :-",
Martin J.
ATTEST:
\,----
3