2005-02
ORDINANCE NO. 2005-2
AN ORDINANCE ESTABLISHING A ONE YEAR
MORATORIUM ON THE DEVELOPMENT OF CERTAIN
PROPERTIES IN THE VICINITY OF THE INTERSECTION
OF 66TH STREET AND PORTLAND AVENUE AND
DIRECTING THAT A PLANNING STUDY BE CONDUCTED
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Backqround.
1.01. 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.
1.02. The City has included the reconstruction of the 66th Street and Portland
Avenue intersection in its 2001-2005 Capital Improvement Program.
1.03. The City has qualified for a grant of $1.8 million in federal Surface
Transportation Program (STP) funds, to be administered through the Metropolitan Council,
for the reconstruction of the intersection.
1.04. A condition of the grant of funds is that the reconstruction project have an
approved environmental document, a plan that has been determined to be eligible for
federal funds and proof that title and possession of right of way can be achieved within 90
days of September 30, 2006.
1.05. 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.
1.06. 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;
1.07. 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.
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1.08 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.
1.09 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. Findinqs.
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 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.
2.02. 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 subsection
3.01 of this ordinance are being conducted. The Moratorium Area includes those
properties identified and shown in the attached Exhibit A
2.03. 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.
Sec. 3. Planninq 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 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
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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.
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 subsection 3.05 of
this ordinance.
3.04. The moratorium established by this ordinance shall not apply to any
application for subdivision or consolidation that has received preliminary plat approval prior
to the adoption of this ordinance.
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. Any
exception shall be approved by resolution of the City Council.
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 December 14, 2005. 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.
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Martin J. Kirsch, Mayor
Attest:
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EXHIBIT A
Map Depicting Moratorium Area and Property Addresses
Addresses of Affected Properties:
6500 Portland Avenue
6501 Portland Avenue
6505 Portland Avenue
6507 Portland Avenue
6508 Portland Avenue
6516 Portland Avenue
6520 Portland Avenue
6527 Portland Avenue
6544 Portland Avenue
6545 Portland Avenue
6600 Portland Avenue
6601 Portland Avenue
6613 Portland Avenue
6616 Portland Avenue
6617 Portland Avenue
6620 Portland Avenue
6621 Portland Avenue
6624 Portland Avenue
6625 Portland Avenue
6629 Portland Avenue
6630 Portland Avenue
6633 Portland Avenue
6636 Portland Avenue
6637 Portland Avenue
6644 Portland Avenue
6645 Portland Avenue
500 East 66th Street
6600 Oakland Avenue
6601 Oakland Avenue
6612 Oakland Avenue
6600 Park Avenue
6600 5th Avenue
6601 5th Avenue
6644 5th Avenue
6601 4th Avenue
4
CI
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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.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the --1L day
of February ,2005, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of
, 2005; 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:
abcdefghijkJmnopqrstuvwxyz
BY'~
Subscribed and sworn to or affirmed before me
on this 17th day of February ,2005.
~ilJ1Al~
Notary Pu .
e
MARY ANN CARLSON
NOTARY PUBlIC - MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
, -~
(2) Maximum rate allowed by law
$
6.20 oer line
(3) Rate actually charged
$
1.30 per line
17,2005
LEGAL
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2005-2 -
AN ORDINANCE ESTABLISIllNG A ONE YEAR
MORATORlUMON THE DEVELOPMENT OF
.CERTAIN PROPERTIES IN THE VICINITY OF
TID;INTERSECTION OF 66TH STREET AND
PORTLAND AVENUE AND DIRECTING THATA
PLi\NNIN:G STllDY BE CONDUCTED
On February 8, 2005, the Richfield City Council adopt-
ed an ordinance designated as Bill No. 2005-2 the title. of
which is stated above. This summary of the ~rdinance is
'published pursuant to Section 3.12 of the Richfield City
Charter. The ordinance establishes a one year moratorium
on tlie development of the .following properties: 6500
through 6645 Portland Ave; 500 East 66th St; 6600; 6601
and 6612 Oakland Ave; 6600 Park Ave; 6600, 6601 and
6644 Fif1;h Ave; and 6601 4th Ave. The ordinance also di-
rects that a planning study be conducted. During the mora-
toriu;m, applications for rezoning, reguiding, subdivision or
consoli.datio~, v~riances, conditional use permits; site.plan
aI!priJVal, curb cut ehanges, and off.street pltfkil1jlltTmit?
will not be accepted, and bmldmg permits will not be issued
~or expansionsor changes in use. Building permits will be
~ss~ed for ro~tl!le. maintenance or rou~ine repairs of an. ex-
Istmg ~se. <?oples of the ordinance are~ available for public
mSI!ectlOn -m the office of the City Clerk during normal
busmess hours or upon request by calling 612-861-9760 of ~
the ComlJlumty Development Division. ~
Nancy Gibbs, CityClerk
(.Feb. 17, 2005ld2lbill2005-2