2008-19CITY OF RICHFIELD
STATE OF MINNESOTA
ORDINANCE NO. 2008-19
AN ORDINANCE 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
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background.
1.01. 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.
1.02. 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.
1.03. The Comprehensive Plan states that the Penn Corridor is a target area for
redevelopment.
1.04. The Comprehensive Plan recognizes the Penn Avenue Revitalization as
an influencing planning effort.
1.05. 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.
1.06. Section 4.1 of .the 2008 Comprehensive Plan identifies as 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 in 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.
1.07. The City has not adopted any plans or land use studies specific to the
Penn Avenue Corridor area within the last five years.
1.08. 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.
1.09. 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.
1.10. The current Industrial (I) zoning classification is inconsistent and
incompatible with the guided Mixed-Use zoning.
1.11. 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.
1.12. Minnesota Statutes Section 472.865, 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.
1.13. Section 3.9 of the 2008 Comprehensive Plan expresses the community's
intention to pursue major redevelopment opportunities in the City.
1.14. 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.
1.15. 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..
1.16. 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.
1.17. 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.
1.18. 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.
1.19. 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.
Sec. 2. Findings.
2.01 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;
c. The lands have a current zoning classification of General
Commercial C-2, Industrial I, or Multi-Residential MR-2.
2.02 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.
2.03 The City Council finds that there is a need to adopt a Moratorium
Ordinance for a portion of the City to prevent development within the
Moratorium Area as shown in Exhibit A, while the studies referenced in
Section 2.01 are conducted.
2.04 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.
Sec. 3. Planning Study: Moratorium.
3.01. 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.
3.02. 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 paragraph c of this Section 3..02, no building permit
may be issued (I) for the expansion of any existing use in 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 facade
improvements; or (iv) for the construction of a new building.
b. Except as provided at paragraph c of this Section 3.02, 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.
3.03 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 Section 3.05 of this Ordinance.
3.04 The Moratorium established by this Ordinance shall apply to any
application pending as of the date of this Ordinance, but it shall not apply
to a subdivision or consolidation that has received preliminary plat
approval prior to the adoption of Resolution No.10136, 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.
3.05 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.
Sec. 4. Enforcement. The City may enforce this Ordinance by mandamus,
injunction or other appropriate civil remedy in any court of competent jurisdiction.
Sec. 5. Term. Unless earlier repealed by the City Council, the Moratorium
established under this Ordinance shall remain in effect until September 1, 2009.
The Moratorium may be extended for a reasonable time, in accordance with
Minnesota Statutes Section 462.355.
Sec. 6. Effective Date. This Ordinance is effective as provided by Section
3.09 of the Richfield City Charter.
ebbie Goettel, Mayor
ATTEST:
Nancy Gibb ,City Clerk
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL N0.2008-19
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
Richfield Sun-Current
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 25 day of September
2008, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
2008; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefg h ijkl m nopgrstuvwxyz
r /'
BY: 1-_
CFO
Subscribed and sworn to or affirmed
before me on this 25 day of
September , 2008.
AN ORDINANCE ESTABLISHING A ONE YEAR
MORATORIUM ON THE DEVELOPMENT OF CER-
TAIN PROPERTIES IN THE PENN AVENUE CORRI-
DOR BETWEEN HIGHWAY 62 AND 68TH STREET
AND DIRECTING THAT A PLANNING STUDY BE
CONDUCTED
On September 11, 2008, the Richfield City Council
adopted an ordinance designated as Bill No. 2008-19, the
title of which is stated above. This summary of the ordi-
nance is published pursuant to Section 3.12 of the Rich-
field City Charter. The ordinance establishes a one year
moratorium on the development of properties that are: (1)
located between highway 62 and 68th Street; (2) guided
for mixed-use; and (3) are currently zoned for General
Commercial C-2, Industrial I, or Multi-Residential - Medi-
um Density MR-2. The ordinance also directs that a plan-
ning study be conducted to determine the appropriate
land uses and development standards for properties in the
Penn Avenue Corridor and that appropriate amendments
be made to the City's official controls upon completion of
the study. During the moratorium, applications for rezon-
ing, reguiding, subdivision or consolidation, variances,
conditional use permits, site plan approval, signs, and
curb cut changes, will not be accepted, and building per-
mitswill not be issued for new construction or expansions
exceeding 500 square feet, substantial fapade improve-
ments, or changes in use. Building permits will be issued
for routine maintenance or routine repairs of an existing
use, expansions of less than 500 square feet, as well as
for internal remodeling. Sign permits will be issued for wall
signs relating to a change in tenant. Copies of the ordi-
nance are available for public inspection in the office of the
City Clerk during normal business hours or upon request
by calling 612-861-9760 of the Community Development
Division.
/s/
Nancy Gibbs, City Clerk
( Sept. 25, 2008) d2-bill 2008-19
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 11-09
i