1998-16BILL NO. 1998-16
AMENDMENT TO SECTION 526
OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 526 of Appendix B of the ordinance code of the City of
Richfield is amended by adding subsection 526.38 as follows:
526.38. Transitional activity permits. Subdivision 1. Purpose. A goal of the City's Comprehensive Plan
is to gradually phase out industrial zoning in the City. The Council recognizes that the transition from
industrial to commercial uses will occur over time and may require an extended period of transition to be
fully realized. The Council further recognizes that it may be appropriate and desirable to permit, subject to
the conditions and limitations of this subsection, the owners of lands within the C-2 District, that were zoned
and used industrially prior to October 3, 1998, to engage in certain interim activities with respect to the land,
the structures or the uses during the transition period which will both penrnit existing industrial development
within the C-2 District to remain viable but which will not have the effect of either delaying the transition or
increasing the public costs connected with such transition. This subsection is intended to authorize the
approval of certain transitional activities as interim uses in accordance with state law, to establish the
circumstances under which certain transitional activities may take place, and to set forth the regulations,
limitations and conditions applicable to such activities.
Subd. 2. Transitional activities. The extension or expansion of nonconforming industrial uses in the C-2
district shall be referred to as transitional activities.
Subd. 3. Permit required. It shall be unlawful for the owner or occupier of any land within the C-2
District to engage in any transitional activity without having first obtained a permit to do so. It shall
be unlawful for the owner or occupier of such land to engage in any transitional activity in
contradiction to the terms and conditions of any issued transitional activity permit.
Subd. 4. Application for a transitional activity permit shall be made to the Director on forms provided
by the City and shall contain or be accompanied by the following:
a) a site plan drawn to scale showing the dimensions of the parcel and the dimensions and
locations of all structures;
b) in instances where the site is to be utilized in connection with a use or structure located on a
contiguous parcel, the site plan shall contain the same detail for the contiguous parcel;
c) the proposed uses;
d) the proposed modifications, alterations, renovations or improvements to be made in connection
with the transitional activity, and the estimated cost of each;
e) the time for completion of all modifications, alterations, renovations or improvements;
f) evidence of ownership or interest in the property;
g) the fee specified in Appendix D of the City Code; and
h) estimated market value before and after, the change in taxes before and after, and change to
potential cost of public development.
Subd. 5. Public hearing. The provisions of subsection 526.43, Subd. 5 shall be applicable to public
hearings concerning the issuance of transitional activity permits.
Subd. 6. Criteria and standards. A transitional activity permit shall not be granted unless the Council
makes the following findings:
Bill No. 1998-16
-2-
a) the transitional activity is in connection with a property that was zoned and used as industrial
prior to October 3, 1998.
b) the transitional activity is in connection with an industrial use that was either permitted or
conditional in the I district;
c) the transitional activity will maintain the vitality and economic success of the applicant's
business during the transition period of the industrial property to commercial uses;
d) the transitional activity will not have an adverse impact upon development of land within the C-
2District in the manner intended for the district under the City's land use regulations or its
Comprehensive Plan;
e) the transitional activity will not materially increase the potential public cost of development
within the C-2 District because of significant increases in the land and building value; and
f) the transitional activity will be compatible with surrounding uses, will have no adverse impact
upon surrounding properties, and will be in full compliance with all performance standards and
requirements contained in this code applicable to uses and structures in the I District.
Subd. 7. Duration of permit. Any transitional activity permit granted by the Council shall state on its
face the date or event that shall result in the expiration of such permit. Any transitional activity may
be terminated by a change in zoning regulations.
Subd. S. Conditions. In approving a transitional activity permit the Council may place conditions and
limitations upon the permit which, in the Council's discretion, will assure:
a) that the transitional activity will be compatible with surrounding uses;
b) that the activity is merely of a transitional nature and will not impede the orderly transition
from industrial to commercial uses in the C-2 District; and
c) that the public costs occasioned by the ultimate development of former industrially zoned
property in the C-2 District will not be materially increased as a result of the transitional
activity.
Subd. 9. Revocation. The City may revoke any transitional activity permit granted under this
subsection upon violation of any condition of the permit, any law of the United States or the State of
Minnesota, or any ordinance of the City. The procedure to be followed in considering such action
shall be the same as the procedure described in Subsection 546.05, Subds. 12-13 of this code.
Subd. 10. Permit not assignable. The right to engage in transitional activities shall be the personal right
of the person(s) named on the permit. Transitional activity permits may not be transferred or
assigned to another even though such other person or entity may succeed to permittee°s interest in the
land. The permit shall terminate upon such transfer or assignment, and permittee°s successor in
interest in the land shall not engage in any transitional activity until such successor has obtained a
new transitional activity permit.
Passed by the City Council of the City of Richfield, Minnesota this 24th day of August,
1998. ~. , { .
Martin J. Kirsch;'°Mayor
ATTEST:
Thomas P. Ferber, City Clerk
STATE OF MINNESOTA)
SS.
MINNESOTA
SUN
PUBLICATIONS
Sun Current • Sun Sailor • Sun Post
AFFIDAVIT OF PUBLICATION
COUNTY OF HENNEPIN}
John Coots, being duly sworn an an oath states or affirms, that he is the president of the
newspaper known as Sun-Gurrent , or the president's designated
agent, and has full knowledge of the facts stated below:
(A} The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331 A.02, §331 A.07, and other applicable
laws, as amended.
(6) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the 2nd day of
September , 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of , 1998; 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:
abcdefghijklmnopgrstuvwxyz
BY:
President
Subscribed and sworn to or affirmed before me
on this 2nd day of September , ig9g. ~-
Notary'' ~v ,.,, ~ . _ _ .. - ,
~'~ ~I( iZif•1 h «?ii;`tJaL~.~T~l-E
~~ I]~ - i~Gi~~Y FI_~6 '.C-1~11~~`dESOTA y
`~ ~; ~ v Ny ~;omr'~~ssion tuplres Jan. 31, 2000
'~i,,. ~.
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line.
for comparable, space
(2) Maximum rate allowed by law $ 6.20 per line.
(3} Rate actually charged $ 1.24 ear line.
City of Richfield
(Official Publication)
BILL NO. 199&16
AMENDMENT TO SECTION 526
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
TfiE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 526 of Appendix B of the ordi-
nance code of the City of Richfield is amended by adding
subsection 526.63 as follows:
526.63. Transitional activity ermits. Subdivision 1.
Purpose. A goal of the City's Comprehensive Plan is to
gradually phase out industrial zoning in the City. The
Council recognizes that the transition from industrial to
commercial uses will occur over time and may require an
extended period of transition to be fully realized. The
Council further recognizes that it may be appropriate and
desirable to permit, subject to the conditions and limita-
tions of this subsection, the owners of lands within the C-
2District, that were zoned and used industrially prior to
October 3,1998, to engage in certain interim activities with
respect to the land, the structures or the uses during the
transition period which will both permit existing industri-
aldevelopment within the C-2 District to remain viable but
which will not have the effect of either delaying the tran-
sition or increasing the public costs connected with such
transition. This subsection is intended to authorize the ap-
proval of certain transitional activities as interim uses in
accordance with state law, to establish the circumstances
under which certain transitional activities may take place,
and to set forth the regulations, limitations and conditions
applicable to such activities.
Subd. 2. Transitional activities- The extension or
expansion of nonconforming industrial uses in the
C-2 district shall be referred to as transitional ac-
tivities.
Subd. 3. Permit rea n~~ad. It shall be unlawful for
the owner or occupier of any land within the C-~:
District to engage in any transitional activity with-
outhaving first obtained a permit to do so. It shall
be unlawful for the owner or occupier of such land
to engage in any transitional activity in contradic-
tion tothe terms and conditions of any issued tran-
sitional activity permit.
Subd. 4. Application for a transitional activity permit
shall be made to the Director on forms provided by
the City and shall contain or be accompanied by
the following:
a) a site plan drawn to scale showing the dimen-
sions of the parcel and the dimensions and lo-
cations of al] structures;
b) in instances where the site is to be utilized in
connection with a uae or structure located on
a contiguous pazcel, the site plan shall contain
the same detail for the contiguous pazcel;
c) the proposed uses;
d) the proposed modifications, alterations, reno-
vations or improvements to be made in con-
nection with the transitional activity, and the
estimated cost of each;
e) the time for completion of all modifications, al-
terations, renovations or improvements;
f) evidence of ownership or interest in the prop-
erty;
g) the fee specified in Appendix D of the City
Code; and
h) estimated market value before and after, the
change in taxes before and after, and change
in potential cost of public development.
Subd. 5. Public hearine. The provisions of subsection
526.43, Subd. 5 shall be applicable to public hear-
ings concerning the issuance of transitional activ-
ity permits.
Subd. 6. Criteria and standards. A transitional activ-
ity permit shall not be granted unless the Council
makes the following findings:
a) the transitional activity is in connection with
a property that was zoned and used as indus-
trial prior to October 3, 1998.
b) the transitional activity is in connection with
an industrial use that was either permitted or
conditional in the I district;
c) the transitional activity will maintain the vi-
tality and economic success of the applicant's
business during the transition period ofthe in-
dustrial property to commercial uses;
d) the transitional activity will not have an ad-
verse impact upon development of land with-
inthe C-2 District in the manner intended For
the district under the Cit}~s land use regula-
tions or its Comprehensive Plan;
e) the transitional activity will not materially in-
crease the potential public cost ofdevelopment
within the C-2 District because of significant
increases in the land and building value; and
fl the transitional activity will be compatible
with surrounding uses, will have no adverse
impact upon surroundine properties, and will