03-17-86 agenda CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 121.
Agenda March 17, 1986 II
I
The Honorable Mayor
and
Members of the City Council
City of Richfield
Subject: Public Hearing and Second Reading of An
Ordinance Amending Transitory. Ordinance
No. 17.18 Which Modifies the Restrictions on.
The Issuance of Building Permits in the-ILN
Area
Council Members:
There is an item on the agenda providing for a public
hearing and second reading consideration of an ordinance
amending Transitory Ordinance No. 17.18 which modifies the
restrictions on the issuance of building permits in the ILN
area. The interim zoning ordinance which was enacted by the
City Council in February, 1985 imposes certain restrictions on
the issuance of building permits for the construction in the ILN
study area. The attached ordinance amendment will provide for
the following modifications:
1. Deleting all of the property along both the east
and west sides of Lyndale Avenue north of 76th
Street from the building code moratorium,
2. Permit new buildings or the enlargement of
existing buildings (both commercial and residential)
as long as the cost does not exceed $25,000 and if
the construction will permit better utilization of
an existing structure on the same property, and
3. Permit the issuance of building permits by the city
without requiring applications to go to the City
Council when the standards contained in Section 3,
Subd. 1 of the attached amendments are met.
Deletion of Property on Lyndale Avenue North of 76th Street
The attached ordinance amendment has the effect of deleting
all property along both the east and west sides of Lyndale
Avenue north of 76th Street from the effects of the building
- code moratorium. The moratorium would continue to remain in
effect throughout the remainder of the ILN redevelopment area.
The area north of 76th Street is being recommended for deletion
because the ILN Redevelopment Plan proposes no major acquisition
of property in that area. The properties on Lyndale Avenue
south of 76th Street are not recommended for deletion because
some limited acquisition for the creation of off-street parking
facilities as contained in the ILN Plan may be required.
Certain New Buildings or the Enlargement of Certain ~
Existing Buildings Permitted
The proposed amendments would permit construction which
results in the better utilization of an existing structure even
if the construction is not in the nature of a repair,
maintenance or an interior improvement to the property. This
proposed amendment will permit new buildings or the enlargement
of existing buildings (both commercial and residential) as long
as the cost does not exceed $25,000. If the construction will
permit better utilization of an existing structure on the same
property.
While this ordinance does not specificially exclude
residential properties, the amendments contained in paragraphs A
and G of Section 3, subdivision 1, should be sufficient to
cover improvements to residential properties within the ILN
study area. Thus, it wil be possible to make improvements to
residential properties located in the ILN study area provided
that ordinance conditions are met and the value of the
improvements do not exceed $25,000.
City to Issue Certain Permits Without City Council Action
The attached ordinance also permits the issuance of building-
permits by the city without requiring the applications to go to
the city council (when the standards contained in Section 3, sub-
division 1, of the attached amendments are met). The provisions
of the proposed ordinance amendment listed above will result in
some building permit applications. It is recommended that such
permits be issued by the city staff after review by the building
inspector to ensure conformance with the provisions of the
moratorium instead of requiring such permits to be the subject ~
of city council action in each instance.
First reading of the proposed ordinance amendment was
approved by the city council at the February 24, 1986 city
council meeting. A notice of public hearing for the special
council meeting on March 17, 1986 was published in the official '
newspaper.
Planning Commission
The planning commission held a public hearing on this
ordinance at a special meeting on March 11, 1986. After
consideration, the planning commission unanimously recommended
that the city council adopt the amendments to Transitory
Ordinance No. 17.18.
Recommendation
It is recommended that the city council hold the public
hearing and adopt the attached amendments to Transitory
Ordinance No. 17.18.
Resp~etfully s~bmitte ,
,
even Devich
Aeting City Manager
SD/eja
•
i
~ 1/
BILL N0.
AN ORDINANCE AMENDING TRANSITORY ORDINANCE
NO. 17.18 ENTITLED "AN INTERIM ZONING ORDINANCE
ADOPTED FOR THE PURPOSE OF PROTECTING THE
PLANNING PROCESS IN A CERTAIN AREA OF THE CITY,
REGULATING, RESTRICTING AND PROHIBITING CERTAIN
USES, DEVELOPMENTS AND SUBDIVISIONS WITHIN SUCH
AREA".
CITY OF RICHFIELD .DOES ORDAIN:
Transitory Ordinance No. 17.18 of the ordinance code of the
City of Richfield entitled "An Interim Zoning. Ordinance
Adopted for the Purpose of Protecting the Planning Process
in a Certain Area of the City, Regulating, Restricting and
Prohibiting Certain Uses, Developments and Subdivisions
.Within Such Area" is hereby amended in the following respects:
I. Section 1, paragraph A thereof is amended to read:
"A. The City is concerned with the proper and more
economic use, development and possible redevelopment of
that area of the City generally referred to as "Interstate-
Lyndale Area", hereinafter referred to as the "Area",
the boundaries of which Area are more specifically
described as follows:
All of the property between Interstate No. 35W and the
Minneapolis Northfield Southern Railroad tracks and
south of 77th Street with the .following additions: (a)
the area west of Emerson Avenue, east of Interstate No.
35W, between 76th and ?7th Streets; (b) in the area -
between Emerson and Aldrich Avenues, the first parcel
.abutting the north side of 77th Street; (c) the entire
'block between Aldrich and Ly~n~idr~a~.le Av../en~~ues south of 76th
Street; r V1~G. ~1Gii !?'~V V,~ V1 ~~~Vt.~ Nom. ~YYGCaL
'~t'_~-~ck 7-frt~-~~~.:.:.~-~-Ee-}--ate--tiaes~-~..~ ~l-f--cr~ l...e-
~~'~-~e~-c~a-1-e-~}r~-E~-€te-~d-~ :.....te~ss,- LI. -cam
C-e~rt-~~-C-~o~r~~pa-r~..:._..1.:: ~.,.c. i}r-v~ 7{rl-~r-:~i..~~~:~; (€d)
the entire block between Lyndale and Garfield Avenues
between 76th and 77th Streets; and (ge) between Garfield
and Pleasant Avenues, the first parcel abutting the
north side of 77th Street."
II. Section 3, Subdivision 1 thereof is amended to read:
"Section 3. Subdivision 1. Notwithstanding the limitations,
restrictions, and prohibitions contained in the foregoing
Section 2, the city eettne~~ may grant permits for
development or redevelopment within the Area, but only
if it finds that the development or redevelopment
involved will comply with the .following criteria:. _
A. The permit will not involve the construction of a
new building or the enlargement of an existing building
at a cost of more than $25,000.
B. The construction will not materially change the
future use, development or redevelopment of the property
involved or any .adjacent properties.
C. The construction will not increase the fair market
• value of the property involved by more than ten percent.
D. The construction of the improvement will not
intensify traffic or parking problems on the subject
.property, adjacent properties, or adjacent highways and
streets.
E. The proposed project will not exacerbate or intensify
conflicts between residential and non-residential
traffic within the Area.
• F. Granting of the permit will.not make a material
difference in or create a serious impediment to the
development or redevelopment of the property involved
upon completion of the planning process.-
G. The ge~txit-w}~l-~r~*ae~~*e construction will permit
(a) the better utilization of an existing structure on
the same property or (b) the repair, maintenance or
.safeguarding of existing structures. or (c1 the completion
of building interior improvements which are necessary
to the proper continued utilization of the property
pending the planning process."
~ Passed by-the city council of the City of Richfield, Minnesota
this day of ,-1986.
Mayor
ATTEST:
Clerk
f
3-s - g~
(OttFcfal Publication)
;t "a NOTICE OF PUBLIC NEARING ON
PROPOSED AMENDMENT TO
TRANSITORY ORDINANCE NO.
• 17.18 ENTITLED ••AN INTERIM
ZONING ORDINANCE ADOPTED
FOR THE PURPOSE OF
PROTECTING THE PLANNING
PROCESS IN CERTAIN AREA OF .
- THE CITY, REGULATING,
RESTRICTING AND PROHIBITING
CERTAIN USES.
• DEVELOPMENTS, AND
SUBDIVISIONS WITHIN SUCH
AREA".
Notice is hereby given that $ public
hearht will 6e held before the City
Counei~of the City o[ Richfield at?:00 _
P:M. on March 1T, 1888 in the Council
Chambers of the City Hal( at 6700
Portland Avenue to hear reasons for.
or against amending Transitory Or-•
! dinance No. 17.[8 which includes the
reduction of the area covered by the
building permit moratorium estab-
Ifshed by Ordinance 17.18 by eliminat-
• ing the Property north of 78th Street,.
and to allow the construction of new
buildings or the enlargement of an
- existing building I[ the cost o[ the
construction or enlargement does not
exceed 325,000. A copy of the pro-
ppoaed amendment is available for
inspection at the City Clerk's office
during normal 6usinesa hours.
• All persona interested in this mat-
ter are hereby notified to be present
ao thut they can be heard in connec-
lion with this matter,
THOMASFERBER
City Clerk
(March 5, 18ge>-RICH
_'.~1fICI_rit..ir!t?.frti.7.'+7~fiP.14tl.I
_
` i
i
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
Council Letter No. 120
Agenda March 17, 1986
The Honorable Mayor
and
Members of the City Council
City of Richfield
Subject: A Resolution Extending the Effective Period of
Transitory Ordinance No. 17.18 (ILN Building
Permit Moratorium Ordinance) entitled "Interim
Zoning Ordinance Adopted For the Purpose of
Protecting the Planning Process in a Certain Area
of the City Regulating, Restricting, and Prohibit-
ing Certain Uses, Developments and Subdivisions
Within Sueh Area," to March 22, 1987.
Council Members:
The above mentioned interim zoning ordinance was enacted by
the City Council in February, 1985. This interim ordinance is
scheduled to expire on March 22, 1986. Since the adoption of
this transitory ordinance, substantial progress has been made in
planning for the future development and redevelopment of the ILN
study area. However, at this time, there are no regulatory
devices in place which can ensure the redevelopment of the ILN
area in a manner consistent with the provisions of the ILN
Redevelopment Plan. Also, the proposed development of the
Clover Leaf Motel site by the CDR Corporation has been
temporarily stopped and the plans and proposals for the
development of the Clover Leaf site are presently being
reexamined.
The tax increment generated from the development on the.
Clover Leaf property will be used to finance the public
improvements which have been proposed for the ILN area. Thus,
the public improvements which can be made in the ILN area will
depend upon the density and the value of the development which
occurs on the Clover Leaf property. Once the redevelopment of
the Clover Leaf site has been formulated, it will then be
possible to finally determine the nature and extent of public
improvements in the ILN Redevelopment area.
There is also a need
to formulate and ado t re ulations
p g
applicable to the type of redevelopment throughout the ILN area
to insure a desireable intensity, type and arrangement of
land uses in conformance with the redevelopment plan.
It is in the best interest of the city that the attached
resolution be adopted to protect the planning process
until such time as the ILN Plan can be effectively implemented.
Without the proposed extension, property owners could
begin piece meal development which would later hinder or even
prevent implementation of the ILN Redevelopment Plan.
I
The attached resolution, if adopted, will extend the
effective period of Transitory Ordinance No. 17.18 for a period ~I
of one additional year from the anniversary of its effective
date to March 22, 1887. If the planning and implementing
activities required for the ILN Redevelopment area are
completed prior to the expiration of this one year period,
the City Council may then terminate the interim zoning ordinance
at an earlier date.-
Notice of the public hearing on the extension has been
properly published in the official newspaper. The matter of
extending the effective period was first considered at the City
Council meeting of February 2~, 1986, and referred. to the March
17, 1986, Special City Council meeting for public hearing.
Planning Commission Recommendation:
The Planning Commission has held a public hearing on this
resolution at a special meeting on March 11, 1986. It has been
unanimously recommended by the Planning Commission that this
resolution extending the effective period of Transitory
Ordinance No. 17.18 until March 22, 1987, be adopted.
Recommendation:
It is recommended that the city council adopt the attached
resolution extending the effective period of Transitory
Ordinance No. 17.18 for a period of one year, to March 22, 1987.
Res etf lly s bmitt d,
Devich
Acting City Manager
SLD/eja
i
~~s
RESOLUTION N0.
A RESOLUTION EXTENDING THE EFFECTIVE PERIOD:
OF TRANSITORY ORDINANCE N0. 17.18 ENTITLED
"AN INTERIM ZONING ORDINANCE• ADOPTED FOR
THE PURPOSE OF PROTECTING THE PLANNING
PROCESS IN A CERTAIN AREA OF THE CITY,
REGULATING, RESTRICTING AND PROHIBITING
CERTAIN USES, DEVELOPMENTS AND SUBDIVISIONS
WITHIN SUCH. AREA".
BE IT RESOLVED, by the city council of the City of Richfield
as follows:
1. It is hereby-found and determined:
A. Many of the conditions which led to the
adoption of Transitory Ordinance No. 17.18 continue
to exist.
B. Substantial progress has been made on planning
the future development and/or redevelopment of the
Interstate-Lyndale Area, which is the subject of
• ~hatordinance.
C. .Such planning was significantly influenced by
a proposal for the development of the so-called
"Cloverleaf Motel property" lying west of and
adjacent to Emerson Avenue between 76th and 78th
Streets.
D. The owner and developer of the Cloverleaf
Motel property'is currently re-examining its plans
and proposals, in an effort to develop the property .
in a manner generally acceptable to the owners of
neighboring properties.
E. .The public improvements which can be made in
the Interstate-Lyndale Area will depend upon the
type of development which occurs on the Cloverleaf
Motel property, especially to the extent that tax
increment financing is to be used to finance any.
such improvements. As a consequence,. the final
plan for the development and/or the redevelopment
of the Interstate-Lyndale Area cannot be yet
determined.
F. There is a need to formulate, consider and
adopt regulations which will be applicable to the
development and/or redevelopment of the Interstate-
Lyndale Area so as to assure a desirable intensity
.
kind and arrangement of development and/or redevelopment.
G. It appears that a continuation of the planning
process, taking into account any revisions in the
plans for the development of ..the Cloverleaf Motel
property, will be of benefit to the area and the
city at large.
H. The continuation of the planning process and
the protection of it can best be accomplished by
the extension of the effective date of Transitory
Ordinance No. 17.18.
2. The .effective period of Ordinance No. 17.18 is
hereby extended for a period of one additional year from the
anniversary of its effective date, is e., the ordinance is
continued in effect until .March 22, 1987.
-
i
, (Officid Pablicstlon)
A RESOLUTION EXTENDING~H$ '
EFFECTIVE PERIOD O '
' TRANSITORY ORDINANCE 7.18
' ~ : ENTITLED "AN INTERIM ZONING
ORDINANCE"ADOPTED FOR
THE PURPOSE OF PNOTECTINfit
THE PLANNING PROCESS 1N A '
,A; CERTAIN AREA OF THE CITY,.1
REGULATING, RESTRICTING
(O/tlclal Publlcauonl~`'` AND PROHIBITING CERTAIN qX
NOTICE OF 6PECfALC I r y USES, DEVELOPMENTS AND \
COUNCIL MEETfNG TO HE~{ p 8l}BDIYISIONS WITHIN SUCH
ON MARCN l7, tel{~ r t~ ~ AREA
Notice Is hereby: Ives th8! ~ ~ 1 r Notice is hereby Qivea that a public j
Riehtield.Clty Counci~y'has ech • hearts will be held before the Clty .
a Specie) City Councih~atta[~ Couaclf of the Cfly of RlchGeW at 7:00'
held od Monday, March 17, tees at ' ~ ~ P.M. on Match 17 18M la the Council
7:00 pp.m. la the city council chambers Chambers oI G~i1y Hatl at 8700
of Richfield Cit,~ Hall, 87QD Portlaall ; , Portland Avenue to hear reasons for
Avenue South. ~ ~ or a8ainat the paeaa8e o[ a resolution
' The purpose of the.meetln8•b to to extend the effective period of Or-
consider (1) a propoa0d resolution to ) ;diaance No. 17.18 which establlahea a
' extend the effective period of the' ~ buildiaQ permit moratorium within
(ILN) the Interstate, Lyndale. Nic- . the iLN Redevelopment Area for a
ollet Redevalopmeat ro~ act Area period of one additional year from the
' Moratorium Ordinance iTrandtory " ~ anniversary of fta effective date i.e
Ordinance 17.18) for one-Year, aad ` , the ordinance ie continued tnta e~tect
l2) a.propoaed ordinance to exclude until March 22, tB87. A coppy of the
•certam properties aad small im- pproposed resolution ie available for
rovemenu of 82b,000 or lea from the Inapecpoa at the City Clerk's Oftlce
ILN Moratorium OrdiaBtttae.(Trpa81- durfn8 normal business hours.
Lory~Ordinance 17.18) Alt persona Interested idthb mat-
All persona interested are bereby ter see hereby notified to be present
agtitied W be presgat aad taey trill be so that they can be heard !a connec-
j; heard. lion with thU matter.
~ HY ORDER OF TH$'8t<~'INL~..,;.. THOMAS FERBER
CITY COUNCIL City Ciefk
Date: Februa 2,1888 (1[anch 6, 18W-li1CH' •
~ ~ . : THOMAS P. F~RHNR . • .
City Clerk
(March S, l0eS)-RICH