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05-9574r 174 RESOLUTION NO. 9574 A RESOLUTION ESTABLISHING A ONE YEAR MORATORIUM ON THE DEVELOPMENT OF CERTAIN PROPERTIES IN THE 1-494 CORRIDOR THAT ARE GUIDED FOR REGIONAL COMMERCIAUOFFICE USES AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED WHEREAS, the Richfield Comprehensive Plan (1997-2007) (the "Comprehensive Plan") designates certain areas within the City for Regional Commercial/Office use; and WHEREAS, the Comprehensive Plan provides that Regional Commercial sites are intended to be visible and accessible from major regional roads and highways and specifically identifies the 1-494 Corridor as having "the most potential for new regional commercial development in Richfield;" and WHEREAS, the Comprehensive Plan states that Regional Commercial sites should have more than 150,000 square feet of retail space and to include a variety of goods and services that would attract customers from a sector of the metropolitan area; and WHEREAS, the Comprehensive Plan contemplates that office uses would be mixed with commercial uses over the entire length of the 1-494 Corridor; and WHEREAS, Volume Three, Section 3.7 of the Comprehensive Plan identifies as a guiding principle the need to encourage concentration of high-density development along transit routes; and WHEREAS, the Comprehensive Plan recognizes that the 1-494 Corridor sub-areas, including the 1-494 Corridor (East), the Interstate-Lyndale-Nicollet area (ILN) and the 1-494 Corridor (West), are highly desirable commercial locations and are most appropriate for higher density development that maximizes the potential tax base for the City; and WHEREAS, with limited exceptions for longstanding existing uses, the Comprehensive Plan designates almost the entire 1-494 Corridor through the City of Richfield for high density uses, either Regional Commercial/Office or Multi-Residential - High Density; and WHEREAS, as contemplated by the Comprehensive Plan and by current plans for future improvements to 1-494, changes in access to 1-494 will occur that will have significant impacts on the land uses in the 1-494 Corridor; and WHEREAS, the contemplated changes include the closure of interchanges to 1-494 at both 1ih Avenue and Nicollet Avenue, to be replaced by bridges spanning 1-494, and 1 the replacement and expansion of the interchanges at Portland Avenue and Lyndale Avenue, to accommodate the higher traffic demands created by the other interchange closures; and WHEREAS, the City has not developed any plans or land use studies specific to the 1-494 Corridor area within the last five years; and WHEREAS, the land within the 1-494 Corridor that is guided for Regional CommerciaVOffice use is presently zoned as either General Commercial C-2, High Density Commercial C-3, Industrial I, or PC-2 Planned General Commercial; and WHEREAS, the General Commercial C-2 zoning classification allows as a permitted use shopping center uses of less than 100,000 square feet and retail, service and office uses with 50,000 square feet or less, which are uses that inconsistent with the expressly stated goals of the Comprehensive Plan for the Regional CommerciaVOffice areas, and most specifically, within the 1-494 Corridor sub-areas; and WHEREAS, the High Density Commercial C-3 zoning classification contemplates higher density commercial development but lacks fully developed standards to guide such development; and WHEREAS, the Industrial I zoning district allows. as permitted uses a variety of light industrial, retail and office uses with 80,000 square feet or less of gross floor area, which are usesthat are inconsistent with the expressly stated goals of the Comprehensive Plan for the Regional Commercial/Office areas, and most specifically, within the 1-494 Corridor sub-areas; and WHEREAS, at the present time there is no zoning classification that appropriately corresponds to the types of uses contemplated for the 1-494 Corridor area and, accordingly, the City Zoning Code does not adequately guide development within the 1-494 Corridor area with respect to Regional Commercial/Office land uses; and WHEREAS, 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 nine months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan; and WHEREAS, Volume Four, Section 2.2 of the Comprehensive Plan expressed the intention to rezone specific sites for specific areas "as the opportunity presents itself'; and WHEREAS, the expected changes to access within the 1-494 Corridor will either necessitate or will dramatically encourage continuing redevelopment within the 1-494 Corridor; and WHEREAS, the City has received at least one inquiry about potential redevelopment of property within the 1-494 Corridor that further evidences the need for the 2 City to bring its official controls into conformance with its Comprehensive Plan; and WHEREAS, the lack of an adequate and available zoning classification that corresponds to the Regional Commercial/Office land use guide plan designation is a barrier to staged and orderly implementation of the Comprehensive Plan and is contrary to the fundamental precepts of orderly municipal planning; and WHEREAS, 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; and WHEREAS, the City Council has determined a need to undertake a study to determine the appropriate land uses for the land in the 1-494 Corridor that is guided for Regional CommerciaVOffice uses; and WHEREAS, 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, capital improvement program or other official controls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA as follows: 1. 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 Regional Commercial/Office; and b. The lands are located within the 1-494 Corridor, which is defined as that area lying between the easterly and westerly limits of the City and between 1-494 and 76th Street; and The lands have a current zoning classification of General Commercial C-2, High Density Commercial C-3, or Industrial!. 2. 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. c. 3. The City Council finds that there is a need to adopt a moratorium ordinance for a portion of the City ("Moratorium Area"), while the studies referenced in Paragraph 1 of this 3 resolution are being conducted. The Moratorium Area includes those properties generally described in the preceding paragr~ph 1 and shown in the attached Exhibit A. 4. The City Council finds thclt this moratorium should apply to the following types of land use applications, as more specifically described at paragraph 6 below: requests for rezoning, subdivisions, conditionall;l~19 permits, site plan review, and building permits. 5. A study is authorized to be conducted by City staff, to be followed by consideration of potential changes to the city's official lal1d use controls by the City Council and such other cOmmissions of the City as required bylaw or as directed by the City Council. 6. 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 paragraph. a. Except as provided at subparagraph c of this paragraph, no building permit may be issued (i) 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 the construction of a new building. b. Except as provided. atsubpatagraph c of this paragraph, no applications for any of the following approvals meW 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, changes in curb cut location, or off-street parking permits. C. The moratorium will not apply to land use applications for any development that will have a zoning classification of Planned General Commercial PC-2 and that involves the construction of more than 150,000 square feet of retail space as part of the development. 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. 7. 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 paragraph 9 of this resolution. 8. The moratorium established by this resolution shall apply to any application pending as of the date of this resolution, but it shall not apply to a subdivision or consolidation that has received preliminary plat approval prior to the adoption of this resolution, 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 4 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. 9. 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. 10. Unless earlier repealed by the City Council, the moratorium established under this resolution shall remain in effect for a period of one year after its effective date. 11. This resolution is effective upon adoption. \ / < n J1Ja~fi;1 ~~ ~1 Martin J. 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