§ 1. Background.

1.01.

The Richfield Comprehensive Plan (2008-2018) (the "Comprehensive Plan") designates certain areas along the Penn Avenue Corridor between Highway 62 and 68th Street ("Penn Avenue Corridor") as Mixed-Use.

1.02.

The Comprehensive Plan provides that the intent of the mixed use category is to create a traditional town center that is a vibrant, pedestrian-oriented district. The district would accommodate residential, shopping, recreational and businesses uses in a flexible arrangement that captures the spirit and intent of the Penn Avenue Revitalization Master Plan.

1.03.

The Comprehensive Plan states that the Penn Corridor is a target area for redevelopment.

1.04.

The Comprehensive Plan recognizes the Penn Avenue Revitalization as an influencing planning effort.

1.05.

The Comprehensive Plan contemplates that in 2008 the City of Richfield completed a revitalization Master Plan for the Penn Avenue Corridor between 68th Street and Highway 62. This area is one of the few remaining commercial nodes in the community without a clear vision. The purpose of the Penn Avenue Revitalization Master Plan is to establish a 20 year vision for change in the corridor including 1) establish tools to guide future public and private investments, 2) establish a distinctive identity, and 3) maintain respect for the physical and social environment.

1.06.

Section 4.1 of the 2008 Comprehensive Plan identifies as guiding goals and policies the need to develop identifiable nodes, corridors and gateways throughout the community by encouraging a mix of uses that serve a market in and around Richfield in community commercial nodes, encouraging a mix of uses that serve surrounding local neighborhoods in neighborhood commercial nodes, establishing a land use pattern and supporting infrastructure that creates a "walkable" environment, and develop residential standards (scale, density, etc.) for redevelopment areas that creates neighborhood character.

1.07.

The City has not adopted any plans or land use studies specific to the Penn Avenue Corridor area within the last five (5) years.

1.08.

The land within the Penn Avenue Corridor that is guided for Mixed-use use is presently zoned as either General Commercial C-2, Industrial I, or MR-2 Multi-Residential-Medium Density.

1.09.

The current zoning classifications restrict redevelopment in the area to the specific requirements of each land use and lack fully developed standards to guide future redevelopment.

1.10.

The current Industrial (I) zoning classification is inconsistent and incompatible with the guided Mixed-Use zoning.

1.11.

At the present time there is no zoning classification that appropriately corresponds to the types of uses contemplated for the Penn Avenue Corridor area and, accordingly the City Zoning Code does not adequately guide development within the Penn Avenue Corridor area with respect to the desired traditional town center model.

1.12.

Minnesota Statutes Section 472.865, Subdivision 3 requires that official controls, such as zoning codes, that are inconsistent with the Comprehensive Plan be amended within nine (9) months of adoption of the Comprehensive Plan so as not to conflict with the Comprehensive Plan.

1.13.

Section 3.9 of the 2008 Comprehensive Plan expresses the community's intention to pursue major redevelopment opportunities in the City.

1.14.

The City has received at least one (1) inquiry about potential redevelopment of property within the Penn Avenue Corridor that further evidences the need for the City to bring its official controls into conformance with its Comprehensive Plan.

1.15.

The lack of an adequate and available zoning classification that corresponds to the Mixed-Use land use 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.

1.16.

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.

1.17.

The City Council has determined a need to undertake a study to determine the appropriate land uses for the land in the Penn Avenue Corridor that is guided for Mixed-Use.

1.18.

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, and Capital Improvement Program, or other official controls.

1.19.

Minnesota Statutes, Section 462.355, Subdivision 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.