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1997-16BIF.-,L NO. 1997-16 TRANSITORY ORDINANCE NO. 17.76 AN INTERIM ORDINANCE DIRECTING THAT A STUDY BE CONDUCTED AND RESTRICTING CERTAIN ACTIVITIES WITHIN THE STUDY AREA THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Background. 1.01. The City of Richfield regulates land use activities throughout its official controls which include the City's Comprehensive Plan, zoning regulations and subdivision regulations. 1.02. The City has recently mK~dified its Comprehensive Municipal Plan. The modifications include a recogn°tion of 'the need to reconsider the zoning pattern for properties lying between P!~asant Avenue on the West, Cedar Avenue on the East, 77th Street on the North and I-494 on the South ("Study Area"}. 1.03. There exist a number of significant planning and land use issues pertaining to the protection of the public health, safety and general welfare, including, without limitation, whether existing or new zoning classifications should be established in the Study Area, what uses should be permitted and what should be conditional, and the standards for each, and whether any design or performance standards should be applicable to development within the Study Area. 1.04. Minnesota Statutes, Section 462.355 Subd. 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. Section 2. Findings. 2.01. The City Council finds that it is necessary to conduct studies to determine if there is a need to amend the City's ;~ffi.,ial controls relating to the Study Area described in Section 1.02. abe~ee, an~i if 50, to adopt the appropriate amendments. 2.02. The City Council finds that (here ?s a need to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Planning and Zonin_q Study_:._ Moratorium. 3.01. A study is authorized to "e conducted by City Staff to determine whether the City's official controls need fi~a be modified as they relate to the Study Area described in Section 1.02. abo~~~ . BILL NO. 1997-16 -2- 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, it shall be unlawful, except as provided herein, for any person to establish, expand, or rebuild any Property located within the Study Area; and except as provided herein, no building permit may be issued, nor may any rezonings, plattings or replattings or land divisions or combinations be granted by the City within the Study Area. 3.03. Upon application to the City Council, and the showing of an undue hardship, the City Council may grant such waivers to the provisions of this ordinance, and upon such conditions as the City Council shall, in its sole judgment, deem appropriate. 3.04. The Moratorium shall not be applicable to the issuance of building permits which: a. are necessary to repair existing structure, or b. involve the remodeling or improvement of existing structures which do not result in a change of use and which involve construction work of not more than $25,000.00 Section 5. Enforcement. The City may enforce any provisions of this ordinance by mandamus, injunction or other appropriate civil remedy in any court of competent jurisdiction. Section 6. Term. Unless earlier terminated by action of the city Council this ordinance shall be effective for nine months from its effective date, and may be further extended for such additional periods as the City Council may deem appropriate, not exceeding a total additional period of 18 months. Section 7. Resolution Repealed. Resolution No. 8523 is repealed upon the effective date of this ordinance. Passed by the City Council this 27th day of October, 1997. j %~ r '~ \ r~ . I= ~ /.%,. ~A ~ ~ ~1 Martin J. Kirsch,'Maybr ATTEST: Thomas P. Ferber, City Clerk u~~ 9arQw~rt lwaMbr surBYOr AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) COUNTY OF HENNEPIN) Do us? Dance being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun -Current .and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualffication as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Bill N o . 19 9 7 -16 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for SS. one successive weeks; it was first published on Wednesday .the_ rinted and published on every .the day of to and including 19 :and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgretuvwzyz ,r TITLE: P u b l i s'ti e r Acknowledged before me on this 5 Public day of N o v e r>'I b e y , 1 8 9 7, RATE INFORMATION (1) Lowest classffied 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 City of Richfield (Official Publication) BILL NO. 1997-16 TRANSITORY ORDINANCE NO. 17.76 AN INTERIM ORDINANCE DIRECTING THAT A STUDY BE CONDUCTED AND RESTRICTING CERTAIN ACTIVITIES WITHIN THE STUDY AREA THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Bac ound. 1.01. The City of Richfield regulates land use activities throughout its official controls which include the City's Comprehensive Plan, zoning regulations and subdivi- sion regulations. 1.02. The City has recently modified its Comprehensive Municipal Plan. The modifications include a recogni- tion of the need to reconsider the zoning pattern for properties lying between Pleasant Avenue on the West, Cedar Avenue on the East, 77th Street on the North and I 494 on the South ("Study Area"). 1.03. There exist a number of significant planning and land use issues pertaining to the protection of the pub- lic health, safety and general welfare, including, with- out limitation, whether existing or new zoning classifi- cations should be established in the Study Area, what uses should be permitted and what should be condi- tional, and the standards for each, and whether any de- sign or performance standards should be applicable to development within the Study Area. 1.04. Minnesota Statutes, Section 462.355 Subd. 4 al- lowsthe City to adopt an interim ordinance for the pur- pose of protecting the planning process and the health, safety and welfare of its citizens. Section 2. indin s 2.01. The City Council finds that it is necessary to con- ' duct studies to determine ii'there is a need Co amend the City's official controls relating to the Study Area de- scribed in Section 1..02. above, and if so, to adopt the ap- propriate amendments. 2.02. The City Council finds that there is a need to adopt an interim ordinance for the purpose of protect- ing the planning process and the health, safety and welfare of its citizens regarding such matters. Section 3. Plannine and Zonine Studv: Moratorium 3.01. A study is authorized to be conducted by City Staff to determine whether the City's official controls need to be modified as they relate to the Study Area de- scribed in Section 1.02. above. 3.02. Pending completion of the study and adoption of any amendments to the City's official controls, it shall be unlawful, except as provided herein, for any person to establish, expand, or rebuild any Property located within the Study Area; and except as provided herein, no building permit may be issued, nor may any rezon- ings, plattings or replattings or land divisions or com- binations begranted by the City within the Study Area. 3.03. Upon application to the City Council, and the showing of an undue hardship, the City Council may grant such waivers to the provisions of this ordinance, and upon such conditions as the City Council shall, in its sole judgment, deem appropriate. 3.04. The Moratorium shall not be applicable to the is- suance of building permits which: a. are necessary to repair existing structure , or b. involve the remodeling or improve- ment of existing structures which do not result in a change of use and which involve construction work of not more than $25,000.00 Section 5. Enforcement. The City may enforce any provisions of this ordinance by mandamus, injunction or other appropriate civil reme- dy in any court of competent jurisdiction Section 6. Term. Unless earlier terminated by action of the City Coun- cil this ordinance shall be effective for nine months from its 2.55 ner line effective date, and may be further extended for such addi- tional periods as the City Council may deem appropriate, not exceeding a total additional period of 18 months. $ B.20 ner line Section Z resolution Re ep aled Resolution No. 8523 is repealed upon the effective date of this ordinance. $ 1.20 Rgr line Passed by the City Council this 27th day of October, lss7. Martin J. Krisch, Mayor 5 day of November , 19 9 7 . and was thereafter ATTEST: