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2005-03 ORDINANCE NO. 100"- '-l AN ORDINANCE ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE 1-494 CORRIDOR THAT ARE GUIDED FOR REGIONAL COMMERCIAUOFFICE USES AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Backaround. 1.01. The Richfield Comprehensive Plan (1997-2007) (the "Comprehensive Plan") designates certain areas within the City for Regional Commercial/Office use. 1.02. The Comprehensive Plan provides that Regional Commercial sites are intended to be visible and accessible from major regional roads and highways and specifically identifies the 1-494 corridor as having "the most potential for new regional commercial development in Richfield." 1.03. The Comprehensive Plan states that Regional Commercial sites should have more than 150,000 square feet of retail space and to include a variety of goods and services that would attract customers from a sector of the metropolitan area. 1.04. The Comprehensive Plan contemplates that office uses would be mixed with commercial uses over the entire length of the 1-494 corridor. 1.05. Volume Three, Section 3.7 of the Comprehensive Plan identifies as a guiding. principle the need to encourage concentration of high-density development along transit routes. 1.06. The Comprehensive Plan recognizes that the 1-494 Corridor sub-areas, including 1-494 Corridor (East), the Interstate-Lyndale-Nicollet area (ILN) and the 1-494 Corridor (West), are highly desirable commercial locations and are the most appropriate areas for higher density development that maximizes the potential tax base for the City. 1.07. With limited exceptions for longstanding existing uses, the Comprehensive Plan designates almost the entire 1-494 Corridor through the City of Richfield for high density uses, either Regional CommerciaVOffice or Multi-Residential-High Density. 1.08. As contemplated by the Comprehensive Plan and by current plans for future improvements to 1-494, changes in access to 1-494 will occur that will have significant impacts on the land uses in the 1-494 Corridor. 1 1.09. The contemplated changes include the closure of interchanges to 1494 at both 12th Avenue and Nicollet Avenue, to be replaced by bridges spanning 1-494, and the replacement and expansion of the interchanges at Portland Avenue and Lyndale Avenue, to accommodate the higher traffic demands created by the other interchange closures. 1.10. The City has not developed any plans or land use studies specific to the 1- 494 Corridor area within the last five years. 1.11. The land within the 1494 Corridor that is guided for Regional CommerciaVOffice use is presently zoned as either General Commercial C-2, High Density Commercial C-3, Industrial I, or PC-2 Planned General Commercial. 1.12. The General Commercial C-2 zoning classification allows as a permitted use shopping center uses of less than 100,000 square feet and retail, service and office uses with 50,000 square feet or less, whieh are u~es that inconsistent with the expressly stated goals of the Comprehensive Plan for the Regional CommerciaVOffice areas, and most specifically, within the 1494 CQrridol'sub-areas. 1.13. The High Density Commercial C-3 zoning classification contemplates higher density commercial development but lacks fully developed standards to guide such development. 1.14. The Industrial I zoning district allows as permitted uses a variety of light industrial, retail and office uses with 80,000 square feet or less of gross floor area, which are uses that. are inconsistent with the expressly stated goals of the Comprehensive Plan for the Regional Commercial/Office areas, and most specifically, within the 1494 Corridor sub-areas. 1.15. At the present time there is no zoning classification that appropriately corresponds to the types of uses contemplated for the 1494 Corridor area and, accordingly, the City Zoning Code does not adequately guide development within the 1494 Corridor area with respect to Regional Commercial/Office land uses. 1.16. Minnesota Statutes Section 473.865, subdivision 3 requires that official controls, such as zoning codes, that are inconsistent with the Comprehensive Pla,n be amended within nine months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan. 1.17. Volume Four, Section 2.2 of the Comprehensive Plan expressed the intention to rezone specific sites for specific areas lias the opportunity presents itself'. 1.18. The expected changes to access within the 1-494 Corridor will either necessitate or will dramatically encourage continuing redevelopment within the 1494 Corridor. 1,1 R The City has received at least one inquiry about potential redevelopment of 2 property within the 1-494 Corridor that further evidences the need for the City to bring its official controls into conformance with its Comprehensive Plan. 1.20. The lack of an adequate and available zoning classification that corresponds to the Regional Commercial/Office land use guide 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. 1.21. 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. 1.22. The City Council has determined a need to undertake a study to determine the appropriate land uses for the land in the 1-494 Corridor that is guided for Regional Commercial/Office uses. 1.23. 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. 1.24. 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. Findinas. 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 Regional Commercial/Office; and b. The lands are located within the 1-494 Corridor, which is defined as that area lying between the easterly and westerly limits of the City and between 1-494 and 76th Street; and c. The lands have a current zoning classification of General Commercial C-2, High Density Commercial C-3, or Industrial!. 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, 3 Comprehensive Plan, and Capital~ Improvement Program. 2.03; The City Counc.il'finds that there is a need to adopt a moratorium ordinance for a portion ofthe CitY ("Moratorium Area"), while the studies referenced in section 2.01 of this ordinance are being conducted. The Moratorium Area includes those properties generally described inthe preceding section2.01 and shown in the attached Exhibit A. 2.04. The City Council finds that this moratorium should apply to the following types of land use applications, ~s more specifically described at section 3.02 below: requests for rezoning, subdivisions, conditional use permits, site plan review, and building permits. Sec. 3. Plannino Studv: Moratorium. 3.01. A study is 8uthoitied 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 completionpf 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 3.02. 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 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, subdivi.sion or consolidation approval, variances, conditional use permits, site plan approval, changes in curb cut location, or off-street parking permits. c. The moratorium will not apply to land use applications fot any development that will have a zoning classification of Planned General Commercial PC-2 and that involves the construction of more than 150,000 square feet of retail space as part of the development. 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. 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 4 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 p nding 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. 9574 , 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 January 25, 2006. The moratorium may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 6. Effective Date. of the Richfield City Charter. This ordinance is effective as provided by section 3.09 ro,'o /'1 I (. ,i/l -j A /. '. ! ji~) f, / ///'7/'/7/' 4. ~'1 "',.'./ ' .1 ,/ //(vi't-'r7;.,/ . ..'/, F~.-{A..L2...C /' i I 'I q Martin J. Kirsch,M1Iyor Attest: \. 5 EXHIBIT A Map O~picting MoratoriUm Area z+ ~~ 006~ ~O30 ~II iHlIIII_ . ~ ~ oo8~ Il11H J om - ooL~ IlW ffiHEJ m 009~ IlllH li;~ .e'" mmffiEHBffiffiEI v~!i~ NO.L~NIW001a !Ii ~lQ ",= 009~ .c l!! =, ~ffiEHBffiEffi llJS~ -... :e 00 ., OOv~ llJv~ i~ [g~ jJffijmffiffiE, rs i!!Gi mm m ffiEffi oo&~ llJ&~ ~~ 0 ~~ ::l C - CO ., C ~~-~ OO~~ lllZ ~ D.rf .~-80 eC:::t1i~ ~ mm m a OO~~ llJH (; ~ ~ilI~'~ 8l il a...~!! 3ffiEmn OOO~ lllO ~ irf~~~.e ",l!!'" 8~ 3ffiEmD 006 .L01113 5gS~... ~ g"':i'O~c ~~IlIIIIIII~ 008 omfOIHO .f!~ ~~.a 3ffiEm_ .!::: Q.!QO as=:! O~L CP......cG) ::J E snawmoo FlQ:aF~i!! 3ffiEmBffiHB ooL >Mfd \HRiE HHffiE ~ O~9 ONY"OOfO :J Hmo- 009 ON'VU~Od -- 1ffiHJ m _ 009 illS ... 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Cl oo!:: CI --- 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 ~ successive week(s); it was first published on Thursday, the .--1.Z- day of Februarv , 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: abcdefghijk1mnopqrstuvwxyz ~,~ Subscribed and sworn to or affirmed before me on this 17th day of February, 2005. ~~KiJ~ Notary P Iic e MARY ANN CARLSON NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 1-3Hlll 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 City of Richfield (9fficiaI Publication) SUMMARy PUBLICATION . BILL NO; 20(15.3 AN ORDINANCE ESTABLISIDNGAONE YEAR MORATOIUUM ON THE DEVELOP~NT OF CERTAIN PROPERTffiS IN THE 1-494 CORRIDOR THAT i\RE GUIDED FOR REGIONAL ,',' CO)\1MERCIAUOfFICE USES AND DIRECTING TIlAT A PLANNING STUDy BE CO]\jO:UCTF;n. On Febru'i'ry 8; 2005, the Richfield CityCouncil ado t' ced an ~rdmance deslgn'i'ted as.Bill No.. 2005-3 the titl!or which IS ~tated above., This siunmary ofthe drdfnance is publIshed pUrsuant to Section 3.12 ofthe Richfield Cit " Charter. The ordmance estabIlshe,s a moratorium on th~ ~~4e7Pd'7$\:,f~rQPertIesthat are: il) located between I_ . V n t reet; (2) guided for Regional Cominer- ~:r Of?&use~; and (3leurrently zoned for General Com- Th clad" -2, Hlgh DenSity Commercial (;-3 or Industrial I d et o~ tmdnce. aJ~o directs that a planning study be con: uc e . 0 etermme the appropriate land Uses and devel- o~ment standards for properties in the 1-494 Corridor and t ~t appropriate amendments be made to the City's offi- fIa d controls ~pon completion of the study. The folJowin an . ~se. apphcatI.ons are excepted from -the moratorium~ j:~sb~g~bngl~ermlts.fo~ expansions of 500 square feet 0; . '. UI _ _ lUg permlt~ for routine maintenance ,or re paIrs th.at.d.o not con~titute a~ expansion o.r chan e in use~ (c) applIcatIOns fur development of 150 ooog r. ' P1~~enZ~ cl~~~pace on propettyzon~d~of~~ab::;h~~ from the ill' . t rClal PC-2. ApplIcatIOns for exceptions . "oqlorlU.ll1.l11ay .lIe made to the C;it" . ~oples o(theordiI'1ance~are::availabl'- id;;;: ;::; ~,;t, y'~~?~ll. m the office of the City Clerk d " r polilIc mSpeetlOll hour~ orDupon request by calling 61~811_~~6~~~t~~sCness munlty evelopmentDivision. ... 9ill- NancyGibbs,C;ity Clerk' (Feli. 17, 2005ld2lbill 2005-3 . . __. '~_~~'~--=r__'...-.=..~_.__.. _~_~ ;,. __._.~~-.