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12-08 Bill No. 2020-14ORDINANCE NO. 2020-14 TRANSITORY ORDINANCE NO. 19.17 AN ORDINANCE ESTABLISHING A SEVEN -MONTH MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE VINICITY OF VETERANS MEMORIAL PARK THAT ARE GUIDED FOR MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, OR COMMUNITY COMMERCIAL USE IN THE 2040 RICHFIELD COMPREHENSIVE PLAN, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background. 1.01. The 2040 Richfield Comprehensive Plan ("Comprehensive Plan") describes Veterans Memorial Park as one of the City's most popular parks and a destination park drawing in people from the surrounding metro area. 1.02. The Comprehensive Plan identifies the need for additional study of a Community Center strategy to weigh costs and benefits of a potential community center, potential locations, and more. 1.03. The 66t" Street Corridor Plan ("66t" Street Plan") identifies a need for continued exploration of public/private partnerships, synergy of future uses with adjacent neighborhoods, and a strategic vision to strengthen development along East 66t" Street. 1.04. The City has not studied or adopted any zoning or design regulations specific to the Veterans Memorial Park area that would effectuate the synergy and strengthened relationship contemplated by these plans, nor has the City further explored a potential Community Center as described in the Comprehensive Plan. 1.05. The Comprehensive Plan guides certain parcels of land in the vicinity of Veterans Memorial Park as Medium Density Residential, High Density Residential, or Community Commercial. 1.06. Some of the land within the area of Veterans Memorial Park that is guided for Medium Density Residential, High Density Residential, or Community Commercial use in the Comprehensive Plan is presently zoned R — Low - Density Residential. 1.07. At the present time there is no zoning classification, overlay district regulations, or design guidelines that appropriately correspond to the type of development contemplated in the Veterans Memorial Park Area. 1.08. 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 seven months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan. 1.09. The City has received more than one inquiry about potential redevelopment of property within the Veterans Memorial Park Area that further evidences the need for the City to bring its official controls into conformance with its Comprehensive Plan. Ordinance No. 2020-14 1.10. The lack of an adequate and available zoning classification that corresponds to the desire for a complementary development is a barrier to staged and orderly implementation of the Comprehensive Plan and is contrary to the fundamental precepts of orderly municipal planning. 1.11. 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. 1.12. The City Council has determined a need to undertake a study to determine the appropriate zoning controls for the land in the Veterans Memorial Park area that is guided for Medium Density Residential, High Density Residential, or Community Commercial use. 1.13. 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. 1.14. 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 Medium Density Residential, High Density Residential, or Community Commercial; and b. The lands are located within the Veterans Memorial Park Area, which is defined as that area lying along Portland Avenue between Highway 62 to the North and 67th Street to the South, and along 66th Street East from 5th Avenue to 11 t" Avenue, including properties on the east side of 11 t" Avenue; 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. Ordinance No. 2020-14 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 (1) 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. 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. 11794, 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. Ordinance No. 2020-14 3 Sec. 5. Term. Unless earlier repealed by the City Council, the moratorium established under this ordinance shall remain in effect until June 24, 2021. 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. K&Ak- L Pjw ,Az:- Maria Regan Gonzalez, Mayor ATTEST: eo se - Elizabeth VanHoose, City Clerk Ordinance No. 2020-14 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN 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 provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 12/17/2020 and the last insertion being on 12/17/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580,033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. r By: 4.►�� Designated Agent Subscribed and sworn to or affirmed before me on 12/17/2020 by Diane Erickson. Notary Public �wewrww DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My COmrnWJm E*ms Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 1098494 CITY OF RICHFIELD ORDINANCE NO. 2020-14 TRANSITORY ORDINANCE NO. 19.17 AN ORDINANCE ESTABLISHING A SEVEN - MONTH MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE VINICITY OF VETERANS MEMORIAL PARK THAT ARE GUIDED FOR MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, OR COMMUNITY COMMERCIAL USE IN THE 2040 RICHFIELD COMPREHENSIVE PLAN, AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background. 1.01. The 2040 Richfield Com- prehensive Plan ("Comprehensive Plan") describes Veterans Memo- rial Park as one of the City's most popular parks and a destination park drawing in people from the surrounding metro area. 1.02. The Comprehensive Plan identifies the need for additional study of a Community Center strat- egy to weigh costs and benefits of a potential community center, po- tential locations, and more. 1.03. The 66th Street Corridor Plan ("66th Street Plan") identifies a need for continued exploration of public/private partnerships, syn- ergy of future uses with adjacent neighborhoods, and a strategic vision to strengthen development along East 66th Street. 1.04. The City has not studied or adopted any zoning or design regulations specific to the Veterans Memorial Park area that would ef- fectuate the synergy and strength- ened relationship contemplated by these plans, nor has the City further explored a potential Community Center as described in the Com- prehensive Plan. 1.05. The Comprehensive Plan guides certain parcels of land in the vicinity of Veterans Memorial Park as Medium Density Residential, High Density Residential, or Com- munity Commercial. 1.06. Some of the land within the area of Veterans Memorial Park that is guided for Medium Density Resi- dential, High Density Residential, or Community Commercial use in the Comprehensive Plan is presently zoned R— Low -Density Residential. 1.07. At the present time there is no zoning classification, over- lay district regulations, or design guidelines that appropriately corre- spond to the type of development contemplated in the Veterans Me- morial Park Area. 1.08. Minnesota Statutes Sec- tion 473.865, subdivision 3 requires that official controls, such as zon- ing codes, that are inconsistent with the Comprehensive Plan be amended within seven months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan. 1.09. The City has received more than one inquiry about potential re- development of property within the Veterans Memorial Park Area that further evidences the need for the City to bring its official controls into conformance with its Comprehen- sive Plan. 1.10. The lack of an adequate and available zoning classification that corresponds to the desire for a complementary development is a barrier to staged and orderly imple- mentation of the Comprehensive Plan and is contrary to the funda- mental precepts of orderly munici- pal planning. 1.11. 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 Com- prehensive Plan. 1.12. The City Council has de- termined a need to undertake a study to determine the appropriate zoning controls for the land in the Veterans Memorial Park area that is guided for Medium Density Resi- dential, High Density Residential, or Community Commercial use. 1.13. 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 con- sider the advisability of amending certain official controls, which may include the City's Comprehensive Plan, zoning ordinance, and capital improvement program, or other of- ficial controls. 1.14. Minnesota Statutes, Sec- tion 462.355, subdivision 4 allows the City to adopt an interim ordi- nance for the purpose of protect- ing 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 appropri- ate land use controls that should apply to properties that meet all of the following characteristics: a. The lands have a Comprehen- sive Plan land use guide plan des- ignation of Medium Density Resi- dential, High Density Residential, or Community Commercial; and b. The lands are located within the Veterans Memorial Park Area, which is defined as that area lying along Portland Avenue between Highway 62 to the North and 67th Street to the South, and along 66th Street East from 5th Avenue to 11 th Avenue, including properties on the east side of 11th Avenue; 2.02 The purpose of the stud- ies to be conducted includes, but is not limited to determining the appropriate land use and develop- ment standards that should apply to such property and determining the appropriate changes, if any that should be made to the City's offi- cial land use controls, including but not limited to the City's Zoning Or- dinance, Comprehensive Plan and Capital Improvement Program. 2.03 The City Council finds that there is a need to adopt a morato- rium ordinance for a portion of the City to prevent development within the Moratorium Area as shown in Exhibit A, while the studies refer- enced in section 2.01 are conduct- ed. 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, subdivi- sions, conditional use permits, site plan review, and building permits for construction in excess of 500 square feet, all signs, or exterior remodeling. Sec. 3. Plannina Studv: Mora- 3.01. A study is authorized to be conducted by City staff, to be fol- lowed 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 direct- ed by the City Council. 3.02. Pending completion of the study and adoption of any amend- ments 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 para- graph c of this section 3.02, no building permit may be issued (1) for the expansion of any existing use in the Moratorium Area, where the ex- pansion is greater than 500 square feet, or (ii) for the establishment of a new use; or (iii) for exterior re- modeling or fagade improvements; or (iv) for the construction of a new building. b. Except as provided at para- graph c of this section 3.02, no applications for any of the fol- lowing approvals may be grant- ed or processed during the pe- riod of the moratorium: rezoning, comprehensive land use plan amendment, subdivision or consolidation approval, variances, conditional use permits, site plan approval, free-standing or monu- ment signs, or changes in curb cut location. c. The moratorium will not apply to building permits issued for rou- tine maintenance or routine repairs of an existing use that do not con- stitute an expansion or a change in use. The moratorium will not apply to interior remodeling or improve- ments. The moratorium will not ap- ply to wall signs related to change in tenancy. 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 approv- al of any such application, except after approval of the City Council as provided in section 3.05 of this ordinance. 3.04 The Moratorium estab- lished 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 con- solidation that has received pre- liminary plat approval prior to the adoption of Resolution No. 11794, nor shall the moratorium extend the timeline for acting upon an application as provided in Minne- sota 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 appli- cation to the City Council for con- sideration of granting an exception. 3.05 The City Council may ap- prove exceptions to this morato- rium for an application if the City Council, in its sole discretion, de- termines 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 ap- propriate 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 un- til June 24, 2021. The moratorium may be extended for a reasonable time, in accordance with Minnesota Statutes Section 462.355. Sec. 6. Effective Date. This or- dinance is effective as provided by section 3.09 of the Richfield City Charter. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk Published in the Sun Current December 17, 2020 1098494