08-10149rCITY OF RICHFIELD
STATE OF MINNESOTA
RESOLUTION NO. 10149
A RESOLUTION ESTABLISHING A ONE YEAR MORATORIUM ON THE
DEVELOPMENT OF CERTAIN PROPERTIES IN THE PENN AVENUE CORRIDOR
BETWEEN HIGHWAY 62 AND 68TH STREET THAT ARE GUIDED MIXED-USE, AND
DIRECTING THAT A PLANNING STUDY BE CONDUCTED
WHEREAS, The Richfield Comprehensive Plan (2008-2018) (the
"Comprehensive Plan") designates certain areas along the Penn Avenue corridor
between Highway 62 and 68th Street ("Penn Avenue Corridor") as Mixed-Use; and
WHEREAS the Comprehensive Plan provides that the intent of .the mixed
use category is to create a traditional town center that is a vibrant, pedestrian-
oriented district. The district would. accommodate residential, shopping, recreational
and businesses uses in a flexible arrangement that captures the spirit and intent of
the Penn Avenue Revitalization Master Plan; and
WHEREAS the Comprehensive Plan states that the Penn Corridor is a target
area for redevelopment; and
WHEREAS the Comprehensive .Plan recognizes the Penn Avenue
Revitalization as an influencing planning effort; and
WHEREAS the Comprehensive Plan contemplates that in 2008 the City of
Richfield completed a revitalization master plan for .the Penn Avenue corridor
between 68th Street and Highway 62. This area is one of the few remaining
commercial nodes in the community without a clear vision. The purpose of the
Penn Avenue Revitalization Master Plan is to establish a 20 year vision for change
in the corridor including 1) establish tools to guide future public and private
investments, 2) establish a distinctive identity, and 3) maintain respect for the
physical and social environment; and
WHEREAS Section 4.1 of the 2008 Comprehensive Plan identifies as a
guiding goals and policies the need to develop identifiable nodes, corridors and
gateways throughout the community by encouraging a mix of uses that serve a
market m and around Richfield in community commercial nodes, encouraging a mix
of uses that serve surrounding local neighborhoods in neighborhood commercial
nodes, establishing a land use pattern and supporting infrastructure that creates a
"walkable" environment, and develop residential standards (scale, density, etc.) for
redevelopment areas that creates neighborhood character; and
WHEREAS the City has not adopted any plans or land use studies specific to
the Penn Avenue Corridor area within the last five years; and
WHEREAS the land within the Penn Avenue Corridor that is guided for
Mixed-use use is presently zoned as either General Commercial C-2, Industrial I, or
MR-2 Multi-Residential -Medium Density; and
WHEREAS the current zoning classifications restrict redevelopment in the
area to the specific requirements of each land use and lack fully developed
standards to guide future redevelopment; and
WHEREAS the current Industrial I zoning classification is inconsistent and
incompatible with the guided Mixed-Use zoning; and
WHEREAS at the. present time there is no zoning classification that
appropriately corresponds- to the types of uses contemplated for the Penn Avenue
Corridor area and, accordingly the City Zoning Code does not adequately guide
development within the Penn Avenue Corridor area with respect to the desired
traditional town center model; and
WHEREAS Minnesota Statutes Section 473.865, subdivision 3 requires that
official controls, such as zoning codes, that are inconsistent with the
Comprehensive Plan. be amended within nine months of adoption of the
Comprehensive Plan so as not to conflict with the Comprehensive Plan; and
WHEREAS Section 3.9 of the 2008 Comprehensive Plan expresses the
community's intention to pursue major redevelopment opportunities in the City; and
WHEREAS the City has received at least .one inquiry about potential
redevelopment of property within the Penn Avenue Corridor that further evidences
the need for the City to bring its official controls into conformance with its
Comprehensive Plan; and
WHEREAS the lack of an adequate and available zoning classification that
corresponds to the Mixed-Use land use plan designation is a barrier to staged and
orderly implementation of the Comprehensive Plan and is contrary to the
fundamental precepts of orderly municipal planning; and
WHEREAS the public interest will be harmed if piecemeal development is
permitted to continue according to zoning standards that conflict with the stated
goals of the Comprehensive Plan; and
WHEREAS the City Council has determined a need to undertake a study to
determine the appropriate land uses for the land in the Penn Avenue Corridor that is
guided for Mixed-Use; 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, and capital improvement
program, or other official controls.
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 that meet all of the
following characteristics:
a. The lands have a Comprehensive Plan land use guide plan designation of
Mixed-Use; and
b. The lands are located within the Penn Avenue Corridor, which is defined as
that area lying along Penn Avenue between Highway 62 to the North and
68th Street to the South, and Queen Avenue to the West and Oliver Avenue
to the East; and
c. The lands have a current zoning classification of General Commercial C-2,
Industrial I, or Multi-Residential MR-2.
2. The purpose of the studies to be conducted 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.
3. 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 generally described in the preceding paragraph 1 and shown in the
attached Exhibit A.
4. The City Council finds that this moratorium should apply to the following types of
land use applications, as more specifically described at section 3.02 below:
requests for rezoning, subdivisions, conditional use permits, site plan review, and
building permits for construction in excess of 500 square feet, all signs, or exterior
remodeling.
5. 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
6. 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 section:
a. Except as provided at subparagraph c of this paragraph, no building permit
may be issued (i) for the expansion of any existing use m the Moratorium
Area, where the expansion is greater than 500 square feet, or (ii) for the
establishment of a new use; or (iii) for exterior remodeling or fagade
improvements; or (iv) for the construction of a new building.
b. Except as provided at subparagraph c of this paragraph, 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, free-standing or monument signs, or
changes in curb cut location.
c. The moratorium will not apply to building permits issued for routine
maintenance or routine repairs of an existing use that do not constitute an
expansion or a change in use. The moratorium will not apply to interior
remodeling or improvements. The Moratorium will not apply to wall signs
related to change in tenancy or to the surface (readable) area of sign so long
as the sign structure is not enlarged nor electrical components added.
7. 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 9 of
this resolution.
8. The Moratorium established by this resolution shall apply to any application pending
as of the date of this resolution, but it shall not apply to a subdivision or
consolidation that has received preliminary plat approval prior to the adoption of this
resolution, nor shall the moratorium extend the timeline for acting upon an
application as provided in Minnesota Statutes, Section 15.99. Any application
submitted to which the moratorium applies shall be denied unless the application
includes a specific request that it be excepted from the moratorium, in which case
the City staff shall submit the application to the City Council for consideration of
granting an exception.
9. The City Council may approve exceptions 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.
10. 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.
11. This resolution is effective upon adoption.
eb ie Goettel, Mayor
ATTEST:
Nancy Gibbs, i y Clerk