1989-01BILL N0. 1989-1
CITY OF RICHFIELD
TRANSITORY ORDINANCE NO. 17.35
AN INTERIM OFDINANCE 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 4~'ITHIN SUCH AREA
CITY OF RICHFIELD DOES ORDAIN:
Section 1.
A. The City is concerned with the proper and more economic use, devel-
opment and possible redevelopment of that area of the City generally referred
to as "Penn Avenue Sixty-Sixth Street Study Area" hereinafter referred to as
the "Area," the boundaries of which Area are more specifically described as
follows:
Beginning at the intersection of the Southerly right-of-way line
of Co. Hwy, No. 62 and the Easterly property line of Lot 3, Block
1, Leslie Terrace Addition, thence in a line along said Southerly
right-of-way line to its intersection with the Westerly right-
of-way line of Oliver Avenue South. Thence, Southerly along said
Westerly right-of-way line to its intersection with the Southerly
right-of-way line of West 66th Street. Thence, Westerly along
said Southerly right-of-way line to its intersection with the
Easterly property line of Lot 10, Block 6, Fairwood Park Addi-
tion. Thence, Southerly along said Easterly property line, as
extended, more or less, to its intersection with the Southerly
right-of-way line of West 68th Street. Thence, Westerly along_
said Southerly right-of-way line to its intersection with the
Easterly right-of -way line of Penn Avenue South. Thence, South-
erly along said Easterly right-of-way line to its intersection
with the Southerly property line of Lot 15, Block 9, Tingdale
Brothers Lincoln Hills Second Addition. Thence, Westerly along
said Southerly property line, as extended, to its intersection
with the Easterly praperty line of Lot 16, Block 1, Tingdale
Brothers Lincoln Hills Third Addition. Thence, Northerly along
said Easterly property line, as extended, to its Intersection
with the Northerly right-of-way line of West 67th Street. Thence
Westerly along said Northerly of right-of-way line to its inter-
section with the Easterly right-of-way line of Queen Avenue
South. Thence, Northerly along said Easterly right-of-way line
to its intersection with the Southerly property line of the
vacated alley (12-17-67 filed) abutting the Northerly property
line of Lot 21, Block 1, Tingdale Brothers Lincoln Hills Addi-
tion. Thence, Westerly along said vacated alley property line,
as extended, to its intersection with the Easterly right-of-way
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, devel-
opment 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. Subject to the limitation contained in Section 3, Subdivision 1,
paragraph A, the construction will permit (a) the better utilization
of an existing structure on the same property, oz (b) the repair,
_ maintenance or safeguarding of existing structures, or (c) the
completion of building interior improvements which are necessary to
the property 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, plattings 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 be on a single tract of land within
the Area having an area of at Least 80,000 square feet
and will involve development or redevelopment which
will have an estimated market value in excess of
;2,000,000 per acre.
B. The project involved is consistent with and complementary to the
development or redevelopment of other adjacent properties 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.
Sub_ d_3. Notwithstanding the provisions of the foregoing Subdivision 2,
no license, permit, rezoning, platting or land division shall be issued for
any project described in that subdivision unless the site for the project is
removed from the provisions of this ordinance by an amendment to Section 1-A
hereof.
4
Subd. 4. The provisions of this ordinance shall not prevent the final
approval of any subdivision which was givcn preliminary approval pzior to the
effective date.
Subd. 5. The provisions of this ordinance shall not prevent rezoning to
any of the districts specified in Section 530 of the City Code or the issuance
of any licenses, permits, plattings or land divisions in connection with any
Planned Unit Development.
Section 4. This ordinance shall remain in effect for a period of eight
months from its effective date, provided that in the event the planning
process has not been completed within the eight-month period, its effective-
ness may be extended for such additional peziods as the city Council may by
resolution determine to be' appropriate, not exceeding a total additional
p~zi~d of eighteen (18) months.
Passed and adopted by the C1ty Council of the City of Richfield,
Minnesota, this 27th day of February , 1989.
.-- ,-;
eye`n Quam, May,(ir
~,
ATTEST:
Thomas Ferber, City Clerk
i
5
1
Minnesota Suburban Newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
SS.
L.J. Canning
being duly sworn on an oath says that f
the publisher or authorized agent and employee of the publisher of the newspaper kn.
Richfield Sun-Current
stated below.
and has full knowledge of the facts wl
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified rev
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed Bill N o . 19 $ 9 -1
which is attached was cut from the columns of said newspaper, and was printed and published once earl
for one successive weeks; it was first published on Wednesday ,the 8
of M a r C h , 1g 8 9 ,and was thereafter printed and published on every
and including ,the day of 19 ;and printed E
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being i
and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgrstuvwxyz
BY. --
'~
TITL ub I fisher
Acknowledged before me on this
~~ ;,10 day of Larch ;,19 89
r
~iti,. ~ r ~+, t ~~'. Hy .
Notary Public
;_
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 1.10 per line
for comparable space
(2} Maximum rate allowed by law for the above matter $ 59.8¢ per line
(3) Rate actually charged for the above matter
$ 53.7a per line
.City of Richfield
(Official Publication)
BILL NO. 1989-1
CITY OF RICfIF'IELD
TRANSITORY ORDINANCE NO. 17.35
•AN INTERIM 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 SUBDIYISYONS WITHIN SUCH AREA
CITY OF RICHFIELD DOES ORDAIN:
Section 1.
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 "Penn Avenue SixtySixth Street
Study Area" hereinafter referred to as the "Area;' the boundaries of which Area are more spe~cal-
ly described as follows:
Beginning at the intersection of the Southerly rightof--way line of Co. Hwy. No. 62 and
the Easterly property line of Lot 3, Block 1, Ies 'e Tbrrdce Addition, thence in a Irrre along
said Southerly righbof--way line to jts intersection with the Westerly right-of--way line of
Oliver Avenue South. Thence, Southerly along said Westerly iightof way line to its in-
tersection with the Southerly right~'way line of West 66th Street. Thence, Westerly along
said Southerly rightof way line torts mtersecGon with the Easterly property line of Lot
10, Block 6, Fairwood Park Addition. Thence, Southerly along said Easterly property hne,
as extended, more or less, to its intersection with the Southerly rightof--way hne of West
68th Street. Thence, Westerly along said Southerly r~htof--way line to its intersection with
the Easterly rightofway line ~ Penn Avenue South.'! hence, Southerly along said Easterly
rightof--way line to its intersection with the Southerly properly line of Lot 15, Block 9,
Tingdale Brothers Lincoln Hills Second Addition. Thence, Westerly along said Southerly
property line, as extended, to its intersection with the Easterly property line of Lot 16,
Block 1, Tingdale Brothers Lincoln Hills Third Addition. Thence, Northerly along said
Easterly property line, as extended, to its intersection with the Northerly rightof-way
line of West 67th Street. Thence Westerly along said Northerly of rightof-way line to its
intersection with the Easterly rightof-way line of Queen Avenue South. Thence, Norther-
ly along said'Easterly rightof-way line to its intersection with the Southerly property line
of the vacated alley (1?f17i'i7 filed) abutting the Northerly property line of Lot 21, Block
1, Tingdale Brothers Lincoln Hills Addition. Thence, Westerly along sand vacated alley
property line, as extended, to its intersection with the Easterly right-0fway line of Russell
Avenue South. Thence, Northerly along said Easterly ri t-0f-way line to its intersection
with the Northerlyy righter-way line of West 66th Street. TFience, Easterly along said North-
erly rightofwayy line torts intersection-with the Westerly righGofway line of Queen Avenue
South. Thence, Northerly more or less, along said Westerly rightof-way line to its intersec-
tionwith the Southerly rightof--way line of West 65th Street. Thence, Westerly along said
southerly rightofway line to its intersection with the westerly property line of Lot 2,. Block
1, Harry Tickner's Subdivision. Thence, Northerly along sand Westerly property hne, as
extended, to the point of beginning. Except the North 90 feet of Lot 8 and the South ll0
feet of Lot 9 Fairwood Park Addition.
B. There are a number of planning and ]and uses issues arising in the Area which require com-
prehensive planning and the consideration of official controls as defined in Minnesota Statutes,
Section 962.352, Subdivision 15, among which are the following:
1. The City is deficient in commercial and industrial tax base. Veeeeeerrrrrryyyyyy little undeveloped land re-
mains within the City. The location of the Area is such that wi~roper planrririp it has the
potential to provide a oration for valuable and desirable comet and/or industrial deveiop-
mentwithin the City. Absent such planning the opppoorturrity for such development may be last.
2. The Area presently contains tracts of un~erdevsloped land which may not be developed to
the optimum without imp access and improving traffic patterns.
3. The Area may best be develo 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 hn 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, conflictuig traffic movements
and other functional inadequacies.
5. The Area is bounded by single•family residence districts which are jeopardized or adversely
affected by non-residential tt'a~c. There appears to be a need to relocate and redesign streets
and other traffic contt+~ facilities in and around the Area so as to safeguard such residential
areas and so as to minimize ]and use conflicts. It appears necce55sary and desirable to for-
mulate along-range master plan for control and movement of traffic within and around the
Area.
6. It appears necessary and desirable to avoid further piecemeal development and redevelop-
ment of the Area so as to reverse the undesirable development patterns which have existed
and which now exist within the Area including fragmented land ownership and under-utilisation
of the land.
7. It appears that there are or may be substandard building conditions and structures within
the Area.
8, It appears that by reason of sociologycal and technological rages as well as by reason of
dilapidation, obsolescence and the faulty arran~ernent or designc ~ buildings and improvements
in the Area, there is a need for comprehensive plamm~g and development of the Area.
9. It appears that there're or may be excessive land coverage m some parts of the Area, deleterious
land use, and obsolete layout of land tracts and developments, requirting planning and
redevelopment
10. The foregoing factors and other factors are fourr3 to be injurious to the health, safety, morals
and welfare of the citizens and property owners of the City and persons occupying property
or working and being in and around fire Area.
ll. The presence of such corxlitions has caused an ' ent of the value of private imrestments,
has threatened sources of public revenues, has depnmved the community and its residents of
better facilities and job opporturnties, and has o@ierwise adversely affected the public welfare.
C. There is a need to consider the formulation of a new comprehensive plan and program,
together with official controls for the development and/or redevelopment of the Area. Such plan
and program and controlsppwill uire intensive studypouvrepr a numpber of months: There is a need
and the health, safety and.~welfare of the citizens oft City and to insure thanhe~CS~ty ands
citizens retain the benefits of the new comprehensive plan and development-redevelopment pro-
gram and new official controls for the Area. There is a further need to regulate, restrict or pro-
hibit uses, developments or subdivisions of land within the Area during the p rocess, so
as to avoid the occurrence of events which will be inimical to the orderly d~eve~lopment and
redevelopment of the Area in future years.
Section 2. During the penod that this interim ordinance is in effect, no privately owned proper-
ty within the area shall be ieveloped or redeveloped nor shall any licenses or permits, rezonings,
pl~ttings or land divisi - uant to Richfield City Code be issued by the City for airy such
development or redevel except as provided in Section 3 hereof.
Section 3. Subdivision ii 'thstanding the limitations, restrictions, and prohibitions contain-
ed in rho foregoing Section ?,. the City may grant license renewals for licenses previously issued
for activities within the Area; and may grant is for development or redevelopment within
the Area if it finds that the development or evelopment involved will comply with the follow-
ing 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 parkin¢ problems on the