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1985-01BILL D10. 1985-1 TRANSITORY ORDIIAI3CE N0. 17.18 AN INTERI~1 ZOiJING ORDINANCE ADOPTED FOR THE PURPOSE OF PROTECTIidG THE PLr1NNING PROCESS IN A CERTAIN AREA OF THE CITY, REGULATING, RESTRICTING AND PROHI3ITING CERTAIN USES, DEVELOPMENTS AND SUBDIVISIONS WITHIN SUCH AREA. CITY OF RICHFIELD DOES ORDAIN: Section 1. The city council of the City of Richfield finds as follows: A. The city is concerned with the proper anti more economic use, development and possible redevelop- ment of that area of the city generally referred to as the "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 ad- ditions: (a) the area west of Emerson Avenue, east of Interstate No. 356, bet- ween 76th and 77th 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 Lyndale Avenues south of 76th Street; (d) the east one- half block of the block between Aldrich and Lyndale Avenues and between 75th and 76th Streets; (e) the west one- half of the block bet:aeen Lyndale and Garfield Avenues, south of Century Court apartments and north of 76th Street; (f) the entire block bett,teen Lyndale and Garfield Avenues between 76th and 7',th Streets; and (g) between Garfield and Pleasant Avenues, the first parcel abut- ting the north side of 77th Street. B. i.".ere are a number of planning and land use issues arising ire the Area which require comprehensi~re planning, aTM~ong which are th e following: 1. The city is deficient in commercial and ' industrial tax base. Very little ~.:n- T developed land remains within the city. The location of the Area is such that with proper planning it has the potential to provide a location for some of the mast valuable and desirable commercial and/or industrial development within the city. 2. The Area presently contains tracts of undeveloped or underdeveloped land which cannot be developed to the optimum with- out improving access and improving traffic patterns. 3. The Area may best be developed pursuant to a unified plan and/or in large segments rather than on a piecemeal basis. 4. The Area contains a number of buildings which are aging and appear to be in a deteriorating condition. Some parts of the Area present a poor visual appearance because of such factors as lack of uniform setbacks, unrelated facades, inadequate or inappropriate loading and unloading areas, insufficient parking, excessive land coverage, conflicting traffic movements and other functior_ai inadequacies. 5. Present streets serving the Area do not appear to provide the best access from main troroughfares to some parcels at the east and :nest edges of the Area. 6. The Area includes and is bounded by single-family residence districts which are jeopardized or adversely affected by non-residential traffic. There appears to be a need to relocate and redesign streets and other traffic control facilities in and around the Area so as to safeguard such residen- tial areas and so as to minimize existing land use conflicts. 7. Several of the streets in t:~e Area are of substandard desicn. It appears necessary and desirable to formulate a long-range master Ilan for control and movement of traffic within and around the Area, 8. It appears necessary and desirable to avoid further piecemeal development and redevelopment of the Area so as to re- verse the undesirable development patterns which have existed and which now exist within the Area including fragmented land ownership and under- utilization of the land. 9. It appears that there are or may be sub- standard building conditions and unsafe and unsanitary buildings and structures used or intended to be used for indus- trial or other purposes within the Area. 10. It appears that by reascn of socio- logical and technological changes, as well as by reason of dilapidation, ob- solescence and the faulty arrangement or design of buildings and improvements in the Area, there is a need for compre- hensive planning and development of the Area. I1. It appears that there is or may be a lack of suitable public facilities, excessive land coverage in some parts of the Area, deleterious land use, and obsolete lay- out of land tracts and developments, requiring planning and redevelopment. 12. The foregoing factors and other factors are found to be injurious to the health, safety, morals and welfare of the citi- zens and property owners of the city and persons occupying property or working and being in and around the Area. 13. The presence of such conditions has caused an impair:;iert of the value of private investments, has threatened sources of public revenues, has deprived the community and its resi- dents of better facilities and job opportunities, and has other:~rise ad- versely affected the public :welfare. ~. There is a need for the formulation of a new comprehensive plan and program for the development and/or redevelopment of the Area, Such plan and program will require intensive study over a number of months, There is a need for an interi:a ordinance applicable to the Area ==or the puroose of protectinc the planning process and the health, safety -3- and welfare of the citizens of the city and to insure that the city and its citizens retain the benefits of the new comprehensive plar. and development- redevelopment program for the Area. There is a further need to regulate, restrict or prohibit uses, developments or sub divisions of land within the Area during the planning process, so as to avoid tr.e occurrence of events which will be inimical to the orderly development and redevelopment of the Area in future years. Section 2. During the period that this interim ordinance is in effect, no property within the area shall be developed or :redeveloped nor shall any licenses or permits, rezonings, plattings or land divisions pursuant to Richfield Cede of Ordinances, Chapter III, Parts I, IV and VI, be issued by the city for any such development or redevelopment except as provided in Section 3 hereof. Section 3. Subdivision 1. Notwithstanding the limitations, restrictions, and prohibi- tions contained in the foregoing Section 2, the city council may grant permits for development or redevelopment within the Area, but only if it finds that the develop- ment 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. B. The construction will not materially e 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 in- volved 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 ,~~il'_ not exacerbate or intensify conflicts between residential and non-residential traffic within the Area. -4- 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 permit will involve the repair, maintenance or safeguarding of existing structures or the completion of building interior improvements which are necessary to the proper continued utilization of the property pending the planning process. Subd. 2. The provisions of this ordinance shall not prevent the city from processing licenses, permits, rezonings, plattinas or land divisions up to the point of, but not including, their actual issuance if the project or projects involved will comply with the following criteria: A. The project will involve development or redevelopment within the Area which will have an estimated market value in excess of $20,000,000. 3. The project involved is consistent with and complementary to the development or redevelopment of other adjacent proper- ties within the Area. C. The proposed project will, in the opinion of the council, contribute to and accelerate the development or redevelopment of the balance of the Area. Subd. 3. Notwithstanding the provisions of the foregoing Subdivision 2, no license, permit, rezoning, platting or land division shall be issuea nor any project described in that subaivzsion unless the site for the project is removed from the provisions of this ordinance by amendment to Section 1-A hereof. Section 4. This ordinance shall remair. in effect for a period of one year from its effective date, provided that in the event the planning process has not been completed within the one year period, its effectiveness may be extended for such additional periods as the city council may by resolution -5- determine to be appropriate, a total additional period of months. Passed by the City Council of, tie City,f c this filth day of F'eb~uary t f,!~~' ,~ ;, a not eYCeeding eighteen (18) ~f Richfield, I~tinnesota, 1985. - j`t John Hamilton Mayor ATTE St~ev~'n L. Devich Acting City Clerk 1 M/~ (Official Publication) TRANSITORY ORDINANCE NO. 17.18 Minnesota Suburban Newspapers, IIIV^ AN INTERIM ZONINI;ORD[NANCEOADOPTEDFORTHEPURPOSEOF AFFIDAVIT OF PUBLICATION PROTECT~LIii('THEPLANNINGPROCESS[NACERTAINAREAOFTHE CITY, B,,EGULATING, RESTRICTING AND PROHIBITING CERTAIN STATE OF MINNESOTA) COUNTY OF HENNEPIN) USES, 3YEVELOPMENTS AND SUBDIVISIONS W[THIN SUCH AREA CITY OF.~tICHFIELD DOES ORDAIN: Section`t:'Phe city council of the City of Richfield finds as follows: A. The eity is concerned with the proper and more economic use, development and possible redevelopment of that area of the city generally referrethta a's the "Interstate-Lyndale Area", hereinafter referred to as the "Area", the boundaries of which Area are more specifically described as SS. follows::: All of the property between Interstate No. 35W and the Minneapolis Northfield Southern Railroad tracks and south of 77th Street with the fallowing additions: (a) the area west of Emerson Avenue, east of Interstate No. 35W, between 76th and 77th Streets; (b) in the area between Emerson and Aldrich Avenues, the first parcel abutting the ~'~'r' '•`+'^!"tilE.-PtS^T' ,being duly sworn on an oath says that he/she north'side of 77th Street; (c) the entire block between Aldrich and L dalle Avenues south of 76th Street (d) the east one-h91f block of is the publisher or authorized agent and employee of the publisher Riehfi®ld ~'~n-~t~rr~r~° ,and has full are stated below. th3e blodk between Aldrich and Lyndale Avenues and between 75th and,76th Streets; (e) the west one-half of the block between Lyndale of the newspaper known aS and Garfield Avenues, south of Century Court apartments and north of 76th~Street; (f) the entire block between Lyndale and Garfield Avenues between 76th and 77th Streets; and (g) between Garfield and Pleasaht Avenues, the first parcel abutting the north side of 77th knowledge of the facts which Street. . B. There are a number of planning and land use issues arising in the Area which require. comprehensive planning, among which. are the following: 1. The city is deficient in commercial and industrial tax base. Very little undeveloped land remains within the city. The location of the Area is such that with proper planning it has the potential to provide a location for'isoDre of the most valuable and desirable commercial andlor industrial development within the city. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified 2. The Area presently contains tracts of undeveloped or underdeveloped land which cannot be developed to the optimum without improving acceiis and improving traffic patterns. 3. The Area may best be developed pursuant to a unified plan andlor in newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, aS amended. large segments rather than an a piecemeal basis. 4. The Acea contains a number of buildings which are aging and appear to be iii 8 deteriorating condition. Some parts of the Area present a poor visual appearance because of such factors as lack of uniform setbacks, (B) The printed ~.3 ~ ~ ~~. ~ ~~ ~ 1 unretate facades, inadequate or inappropriate loading and unloading area66,insufficient parking, excessive land coverage, conflicting traffic movements and other functional inadequacies. 5. Present streets serving the Area do not appear to provide the best access from main thoroughfares to some parcels at the east and west edgesdf the Area. 6. The Area includes and is bounded by single-family residence districts which are jeopardized or adversely affected by non-residential traffic. which is attached was cut from the columns of said newspaper; and was printed and published once each There appears to be a need to relocate and redesign streets and other traffic control facilities in and around the Area so as to safeguard such residential areas and so as to minimize existing land use. conflicts. 7. Several of the streets in the Area are of substandard design. It appears week, for ~~~ successive weeks; it was first published on ~'~~ ~?~e~~~ ,the ~ ~ day necessary and desirable to formulate along-range master plan for con6cal and movement of traffic within and around the Area. 8. It appears necessary and desirable to avoid further piecemeal develop- _ ment and redevelopment of the Area so as to reverse the undesirable Of 1?E4Y]YUSY~7 19~ and was thereafter printed and published on every t0 development patterns which have existed and which now exist within the Area including fragmented land ownership and under-utilization of the land. 9. It appears that there are or may be substandard building conditions and and includin ,the day Of , 19-; and printed below is unsafe and unsanitary buildings and structures used or intended to be g usedlor industrial or other purposes within the Area. 10. It appears that by reason of sociological and technological changes, as well as by reason of dilapidation, obsolescence and the faulty arrange- s co of the lower case al habet from A to Z, both inclusive, which is hereby acknowledged as being the size meet or design of bnilain~a and improvements in the Area, there is a pY p need for comprehensive p arming and development of the Area. 11. It appears that there is or may be a lack of suitable public [acilities, excessive land coverage in some parts of the Area, deleterious land use, and kind of type used in the composition and publication of the notice: and obsolete layonc of land tracts and developments, requiring planning and redevelopment. 12. The foregoing factors and' other [actors are found to be injurious to the health, safety, morals and welfare of the citizens and property owners abedefghijklmnopgrstuvwxy. oft a city and persons occupying property or working and being in and ~ around the Area. h/ ...° q 13. The resence of such conditions has caused an im airment of the value / ~( - /' ~. ,.~,. of private investments, has threatened sources ot~public revenues, has BY: f~ c ~' ~~ ~~ f/ "'~ ~ deprived the community and its residents of better facilities and job , opportunities, and has o~,tierwise adversely affected the public welfare. C. There is a need For the formulation of a new comprehensive plan and program for the development and/or redevelopment of the Area. Such plan TITLE: QjL~-O` ~~; ~ ^ ~ 1~~ 13114~~ Y and program will require intensive study over a number of months. There is a need for an interim ordinance applicable to the Area far the urpose of Subscribed and sworn to before me on this 2 day of ~'~b , 19~ ~-/~ ,~~ G~~1 i Notary Public - a, fVCT,gRY f=U3CIC • MtNN:50T~ "~.°`' fieN1VI:PlN CpUNTY My commission ex-fires Jut RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter protectingg the planning process and the health, safety and welfare of the i i i f h d h c t zens o t e c ty an to insure t at the city and its citizens retain the benefita•of the new comprehensive plan and development-redevelopment program for the Area. There is a further need to reggMate, restrict or prohibit d l t b di i i f l uses, opmen eve s or su v ons o s and withfn the Area during the planning;jfrocess; so as to avoid the occurrence of events which will be inimical to the orderly development and redevelopment of the Area in future years. .~ Sectioh E. During the period that this interim ordinance is in effect, no property within the area shall be developed or redeveloped nor shall any licenses or permits rezonings plattings or land divisions pursuant to , , Richfield Code of Ordinances, Chapter III, Parts I, IV an VI, be issued by the city for any such development or redevelopment except as provided in Section 3 hereof. Section 3. Subdivision 1. Notwithstanding the limitations, restrictions, and prohibitions contained in the foregoing Section 2, the city council may grant permits fOr'development or redevelopment within the Area, but only if it finds that the.~development ar redevelopment involved will comply with the followingtriteria A. The permit will not involve the construction of a new building or the enlargement of an existing building. 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 markeCvalue of the property involved by more than ten percent. ~ D. The construction of the improvement will not intensify traffic or parking ~ ~ 2 « ~ ~ ~@ r ]. problems on the subject property, adjacent properties, or adjacent highways (Line, WOrd, or inch rate) and streets. E. The prope¢ed project will not exacerbate or intensify conflicts between ~ ~ i ~ Q residential aq on-residential traffic within the Area. F Grantin f the ermit will n t make m l diff t i i i t 11 Uflr 3 ~ ~ . p g a erence o a er a i or crea e a serious impediment to the development or redevelopment of the property (Line, WOfd, or inch rate) involved upon completion of the planning process. ~ Z~ C G. The ppee~~tmnit will involve the repair, maintenance or safeguarding of existin tures o strii' th l ti f b ildi t i i i t ~~ ~ ~ 1n8 l?®1 i g r c e comp e on o u er or ng n mprovemen s which are necessary to the proper continued utilization of the property (Line, word, or inch rate) pending the planning process. Subd. 2. The provisions of this ordinance shall not prevent the city from processing licenses, permits, rezonings, plattings or land divisions up to the point of, but not including, their actual issuance ifthe project or projects involved will comply with the following criteria: - A. The project will involve development or redevelopment withirc the Area which will have an estimated market value in excess of tvn nnn nnn.