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2006-01 ORDINANCE NO. 2006-1 AN ORDINANCE RELATING TO ZONING; ESTABLISHING REGULATIONS FOR THREE NEW MIXED USE ZONING DISTRICTS, INCLUDING MIXED-USE REGIONAL, MIXED-USE COMMUNITY, AND MIXED-USE NEIGHBORHOOD; AMENDING THE RICHFIELD ZONING CODE BY CREATING A NEW SUBSECTION 530; AMENDING APPENDIX 1 TO THE RICHFIELD ZONING CODE BY REZONING CERTAIN PROPERTIES WITHIN THE 1-494 CORRIDOR AREA AS MIXED-USE REGIONAL, MIXED-USE COMMUNITY, AND MIXED-USE NEIGHBORHOOD; AMENDING SUBSECTION 516.01 OF THE RICHFIELD ZONING CODE; AMENDING SUBSECTION 506.07 OF THE RICHFIELD ZONING CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 516.01, subdivision 1 of the Richfield City Code is amended to read as follows: 516.01. Zonina districts. Subdivision 1. Establishment of districts. In order to carry out the purposes and provisions of this code, the City is hereby divided into the following zoning districts: I DISTRICT TITLE I ABBREVIATION I Single Family Residential Low Density Single Family Residential Two Family Residential Multi-Family Residential Hi h Densit Multi-Famil Planned Residential Planned Two Family Residential Planned Multi-Family Residential 1 Planned Neighborhood Commercial PC-1 Planned General Commercial PC-2 Planned Industrial PI Section 2. Subsection 506.07, of the Richfield City Code is amended by adding a new subdivision after subdivision 43, the new subdivision to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 44. "Live - work units" - A personal residence that is specifically designed and located to allow accessory business use by the occupants of the residence. This may include office and service uses and retail sales of products produced on-site (art, crafts, etc.). Section 3. Subsection 506.07, of the Richfield City Code is amended by revising subdivsion 61 and adding a new subdivision after existing subdivision 61 (Outdoor Open Space), the revised and new subdivisions to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 62. "Outdoor Open Space, Outdoor" Subd. 63. "Open space, Usable" - Specifically designated open space that is easily accessible and intended to serve residents and/or employees as well as visitors. This encompasses various types of open space for passive enjoyment as well as active use and includes accessible green areas and hard-surfaced urban plazas, linear pedestrian-oriented greenways, major pedestrian areas, street parks, pocket parks and outdoor recreation areas. Usable open space does not include driveways, parking areas or required landscape setback areas, unless these are specifically designed for public or customer access and use. Section 4. Subsection 506.07 of the Richfield City Code is amended by adding three new subdivisions after existing subdivision 70 (Restaurant - Class IV), the new subdivisions to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 73. "Retail Services, General" - General retail services are single use or multi-use commercial establishments that are reliant on a more localized market area for patronage and typically have less than 50,000 square feet of combined square footage but may have upwards of 100,000 square feet. General retail services include professional services such as barber shops, salons, real estate, finance (including banking) and insurance offices, general merchandise stores, hardware stores, small grocery stores, convenience stores, drug stores, coffee shops, gift or book shops, appliance and electronic repair shops, video stores, municipal liquor stores, business services (walk-in printing, copying), restaurants, contractors or home repair services, veterinary clinic without boarding, etc. 2 Subd. 74. "Retail Services, Neighborhood" - Neighborhood retail services are similar in use characteristics to general retail services; however, neighborhood services have a focus on convenience services that rely mostly on the immediate neighborhood for patronage. Their size is typically small, less than 10,000 square feet of contiguous space. Neighborhood services include convenience stores, coffee shops, cafes/restaurants, barber shops, salons, etc. Subd. 75. "Retail Services, Regional" - Regional retail services are single use or multi-use commercial establishments that draw upon a broad geographic area for their primary market area. Regional commercial retail services include retail uses typically with greater than 50,000 square feet of combined retail square footage either in one single building or attached in a shopping center/mall-like structure. Regional retail services may include some general retailers that are ancillary to the primary use of the site. Examples of regional retail services include: specialty big box stores, discount retailers, shopping centers, restaurants, larger grocery stores, etc. Section 5. Subsection 506.07, of the Richfield City Code is amended by adding a new subdivision after the existing subdivision 76 ("Story, half'), the new subdivision to read as follows, and by now renumbering all following subdivisions accordingly. Subd. 82. "Street level active use building frontage" - The space of a building that fronts a primary street and contains a use that provides for a significant level of pedestrian activity from early morning to late evening hours on weekdays and evenings. Such uses could include retail, service commercial, restaurants, coffee shops, libraries, post offices, common space or lobbies, and conference rooms or party rooms of office or high density residential developments. Section 6. The Richfield City Code is amended by adding a new Subsection 530 to read as follows: SUBSECTION 530 - ZONING: MIXED USE DISTRICT 530.01 Mixed Use Districts (MU). Subdivision 1. Sub-districts defined. A mixed use district is an area that supports multiple land uses that are complementary to one another and support the ability to live, work, shop and play within a development pattern of horizontally mixed or vertically mixed uses. There are three sub-districts of mixed use as follows: a) Mixed Use Regional - (MU-R): Regional mixed use supports destination oriented commercial and office uses at a high density/intensity of development. Limited higher density residential uses would be encouraged to support major employment concentrations. Vertical mixing of uses would be encouraged to create building mass along primary arterials. 3 b) Mixed Use Community - (MU-C): Community mixed use includes shops and services that support the surrounding community. A balanced mix of commercial, office and higher density residential uses would be included in this district. Vertical mixing of uses would be encouraged to create building mass along primary arterials. c) Mixed Use Neighborhood - (MU-N): Neighborhood mixed use emphasizes residential development with supporting retail and commercial service uses. Commercial services are emphasized at key transportation nodes/corners and are intended to be of a smaller scale, neighborhood orientation. Subd. 2. Purpose and Intent. The purpose and intent of the Mixed Use Districts shall be to: a) Guide future development along the 1-494 corridor in order to adapt to market and transportation changes; b) Encourage vertical mixed-uses clustered at primary (regional) and secondary (community) transportation nodes to build identity within the district; c) Provide a mix of residential densities along the corridor; d) Provide appropriate transitions between uses; e) Promote greater pedestrian and bicycle access and connections throughout the corridor and along the length of the corridor; f) Discourage auto oriented uses in favor of pedestrian friendly mixed-use development; g) Encourage reductions in impervious surface, well landscaped and attractive public and private spaces with a pedestrian and bicycle friendly character and environment by minimizing surface parking and enhancing pedestrian corridors (sidewalks and trails) through reinforcing build-to lines, getting new buildings to address the street and emphasize enticing street level architecture; h) Encourage public open spaces within the corridor by allowing and encouraging taller buildings for high-density uses; i) Ensure high quality architectural design and materials; j) Promote increased use of transit; and k) Encourage redevelopment in a manner that is consistent with the Comprehensive Plan and any redevelopment plan(s) that exist for the district. 4 530.02 Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts. Table 1. Uses of the Mixed-Use District The following abbreviations are used withinthe use table: p= permitted use C= conditionally permitted A= accessory use N= not permitted Use MU-R MU-C MU-N Commercial Regional retail services P C N General retail services P P C Neighborhood retail services P P P Restaurant Class I (serving alcohol) P C N Restaurant Class II p P P (trad itional/cafeteria) Restaurant Class III (fast C C N food/convenience) Restaurant Class IV (take out only) P P P Convenience store with gas P P N Convenience store without gas P P P Offices and clinics P P A Hotel/motel P P N Mortuaries and funeral chapels N P N Health or athletic clubs, spas, yoga p p N studios Theaters, movie or live p N N entertainment Motor vehicles sales -new vehicles C N N Motor vehicle repair and service C C N Motor vehicle rental facilities accessory to a primary office or A A N hotel use Assembly and manufacturing accessory and subordinate to a A A N retail use Drive-up window or teller service C C N Adult business establishments as P P N defined and regulated under Subsection 1196 of the City Code Firearms related uses C N N Licensed day care facilities P P P 5 U MU-R MU-C MU-N Resid ntial Dwelling, townhouse N N P Dwelling, multi-familv P P P Live - work units N P P Assisted living facilities, nursing, rest N P P homes Institution/Public Places of worship A P P Government offices A P A Police sub-station P P P Schools C P P Library N P P Parks P P P Hospitals P N N Transit facilities A A A Public utilitv A A A Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter is prohibited in the Mixed-Use Districts unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 511.05 of this Code. 530.03 Conditional Uses. The uses listed in this subsection are conditional uses in the MU-R, MU-C or MU-N Districts and are subject to the conditional use permit provisions outlined in Subsection 546.05 of this code and the following conditions. Subd. 1. Reqional retail services in MU-C. Regional retail services in the MU-C district provided that retail uses with over 50,000 square feet of gross floor area, are located within a multi-tenant or multi-use shopping area or other multi- tenant development and meet the mixed use requirements of Subsection 530.04, Subd. 2. Subd. 2. General retail services in MU-N. General retail services in the MU-N district provided the following conditions are.met: The retail uses front on an arterial street and meet the area requirements of Subsection 530.04, Subd. 2. Subd. 3. Restaurant Class I in MU-C. Class I restaurants in the MU-C district provided the following conditions are met: a) If the use site abuts a parcel with residential uses on the first floor, a buffer yard of not less than 25 feet in width and 50% all-season opacity from the ground to a height of six feet shall be provided to separate all aspects of such use from the abutting residential uses. The Council may reduce this 6 requirement to not less than 15 feet if significant additional landscaping and/or fencing, with 75% all-season opacity, is provided to screen the use; b) Alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. Subd. 4. Restaurant Class III or Drive-Up Window or Teller Service. Uses with drive-up window or teller service provided the following conditions are met: a) No drive-up window or lane shall be adjacent to a public street; b) Drive-up uses shall be limited to one service window which is part of a primary structure and no more than two queuing lanes, unless approved along with additional landscaping, screening, or other improved pedestrian amenities such as fencing, seating, raised pedestrian crossings, etc; c) Drive-up must be part of a multi-tenant mixed-use development. Freestanding buildings shall not have drive-up facilities unless they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution; d) There shall be no curb cuts on public streets exclusively for the use of drive-up queuing or exit lanes. Drive-up traffic shall enter and exit from internal circulation drives; e) If the use site abuts a parcel with residential uses on the first floor, a buffer yard of not less than 25 feet in width and 50% all- season opacity from the ground to a height of six feet shall be provided to separate all aspects of such use from the abutting residential uses. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping and/or fencing, with 75% all-season opacity, is provided to screen the use; f) Queuing space for at least four cars (70) feet shall be provided per drive-up service lane as measured from but, not including the first drive-up service window or teller station. Such queuing space shall not interfere with parking spaces or traffic circulation; g) Any drive-up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any parcel with residential uses on the first floor; h) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; 7 i) Alcoholic beverages shall not be served; and j) Exterior speakers shall comply with the noise control limits set by Subsection 930 of the City Code. Subd. 5. Motor Vehicle Sales New Vehicles. Motor vehicle sales of new vehicles provided the following conditions are met: a) Motor vehicle repair and service and sales of used vehicles are allowed when accessory to new vehicle sales. Used auto sales shall be permitted only as an integral part of a new auto sales business (from the same land parcel and in close proximity to the new cars). b) The business shall be licensed under Subsection 1155 of the City Code; c) The use site shall not abut a lot which is in the R or R-1 District. For the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall not be deemed to abut the use site; d) A buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels; e) Landscaping for the site, including display areas, shall comply with the Performance Standards described in Subsection 541 of this code; f) Inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; g) Parking of vehicles on public right-of-way shall be prohibited; h) All repair, assembly, disassembly, maintenance, and detailing of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid; and i) Any exterior speaker shall comply with the noise control limits set by Subsection 930 of the City Code. Subd. 6. Motor Vehicle Repair and Service. Motor vehicle repair and service provided the following conditions are met: a) If the use site abuts a parcel with residential uses on the first floor, a buffer yard of not less than 25 feet in width and 75% all-season opacity from the ground to a height of six feet shall be provided to separate all aspects of such use from the abutting residential uses. The Council may reduce this requirement to not less than 15 feet if significant additional landscaping and fencing, with 100% all-season opacity, is provided to 8 screen the motor vehicle repair and service use; (Amended, Bill No. 1996- 7, Sec. 2) b) A buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from any abutting parcel; c) Vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City. In accordance with Subsection 1320 of the City Code, inoperable vehicles cannot be stored on any property for more than 96 hours; d) Parking of vehicles on public right-of-way shall be prohibited; e) If the use is not located on a county road or state highway, it shall not be operated between the hours of 11 :00 p.m. and 6:00 a.m.; and f) All repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding oil or windshield wiper fluid. Subd. 7. Firearms Related Uses. Firearms related uses provided the following conditions are met: a) Such uses shall be licensed under Subsection 920 of the City Code; b) Such uses shall be located not less than 300 feet from any school, church, daycare center, public library, or governmental building; c) Such uses shall be located not less than 1,000 feet from other gun or ammunition saleslrepair businesses or firearms related uses; d) Such uses shall be located not less than 100 feet from residentially zoned property; e) Firearms-related uses shall not operate before 8:00 a.m. or after 9:00 p.m.; f) Firearms-related uses shall only be allowed within an enclosed structure which is soundproofed to prevent the sound to be heard by persons on adjoining property; g) No firearms-related use shall be allowed in a trailer or other non- permanent building; h) Any firing-range existing in the City on or prior to January 1, 2004 shall be allowed to continue; 9 i) The use, occupancy, and construction of the building shall conform to the Minnesota State Building Code; j) The use shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards; k) The design and construction of any firearm-related use shall totally confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered architect and engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine; I) No ammunition shall be used in any firearms-related use that exceeds the certified design and construction specifications of the firing range; m) A written log of users of any firing range or other firearms-related use shall be maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by photo identification; n) An alarm system, cut wire protected, shall be supplied to provide security for a building containing any firearm-related use; 0) Firearms which are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault; p) Ammunition shall not be stored in the firearm vault; q) On site supervision at any firearm-related use shall be supplied at all times by an adult with credentials as qualified range master; r) An outside security plan for the general grounds of any firearm-related use shall be submitted to the City Manager or designee for review and approval; s) The transport of firearms on the premises shall conform to State Law; 10 t) Minors shall not be allowed in any firearm-related use unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class, which is supervised by an adult instructor; and u) The Council reserves the authority to review or modify the performance standards for the range. Subd. 8. Schools in MU-R. Schools in the MU-R district provided the following: the school has a regional orientation, be oriented to secondary, post secondary, business or vocational learning and be part of a mixed-use development. 530.04 Bulk/Dimensional Standards. Subdivision 1. The following table establishes certain bulk standards for the MU Districts. Table 2. Mixed Use Bulk and Dimensional Standards Standard MU-R MU-C MU-N Building Stories 1 2 2 min no max 2 min 12 max 2 min 8 max Building Coverage 50% 75% 30% min 50% max o min 50% min max max Maximum Impervious 85% of gross 80% of gross parcel 75% of gross Surface CoveraQe parcel area area parcel area Usable Open Space 5% of gross 5% of gross parcel 10% of gross Requirement parcel area area parcel area Street Level Active Use 60% minimum 50% minimum No minimum Buildinq Frontaqe Residential Set backsJ (standard setbacks) Front - build to line 10' min 20' max 10' min 20' max 15' min 25' max Side 5' min 5'min 5' min Rear 5' min 5'min 5'min (zero lot line setbacks) Front - build to line 10' min 20' max 10' min 20' max 15' min 25' max Side 0' min O'min O'min Rear O'min 0' min 0' min Commercial and Mixed Use Set backs4 (standard setbacks) Front (build to line) O'min 15' max O'min 15' max 5' min 15' max Side 5' min 5'min 5' min Rear 5' min 5' min 5'min (zero lot line setbacks) Front - build to line O'min 15' max 0' min 15' max 5' min 15' max 11 Side 0' min O'min 0' min Rear 0' min 0' min 0' min Front yard setback for 20' min 20' min 20' min upper stories after the 3rd story Set backs and 5' min 5' min 5' min 5' min landscape area (front yard parkinQ) Set backs and 15' min 15' min 15' min landscape area to 1-494 1 Parking structures shall not be included in calculation of building stories. 2 Single story portions of structures may be allowed provided they are attached to a principal structure that is two or more stories in height and that the footprint of the single story portion of the structure is no more than 40% of the total structure's footprint. 3 Standard setbacks apply to all uses except zero lot line developments. The front setback is a build-to line designed to locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. 4 Standard setbacks apply to all uses except zero lot line developments. The front setback is a build-to line designed to locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. Subd. 2. Mix of Uses Required. A mix of uses within a building is required in the MU-C district and other building use criteria apply to the MU-R and MU-N districts. a) In the MU-R district a mix of uses is not required, however, residential uses are permitted up to 25% of the total building floor area on the site. i.e. if a site contains 100,000 square feet of building floor area, no more than 25,000 square feet of building area can be devoted to residential units and the common areas or associations that serve residential units. b) In the MU-C district a mix of uses is required for development sites that exceed two acres in size. No single use type (retail, office, service, hotel, residential, etc.) can exceed 75% of the total building floor area on the site. c) In the MU-N district a mix of uses is not required, however, no more than 10% of the total building floor area on the site or within the development can be devoted to non-residential uses. Total non-residential floor area in a residential development or building shall not exceed 10,000 square feet. 12 530.05 Parkina Standards. Subdivision 1. Off Street ParkinQ Ratios. The following table establishes minimum parking standards for uses within the Mixed Use Districts. ' a e . Inlmum ar mg n ar s or Ixe se IS rlc Land Use Type Off Street Parking Ratio MU-R MU-C MU-N Commercial Retail (per 1,000 4 3 3 square feet) Commercial Services (per 1,000 3 2 2 square feet) Office (per 1,000 square feet) 3.5 2 2 Civic (per 1,000 square feet) 3 2 2 Hotel/motel (per room) 1 1 1 Residential Townhouse (per unit) 1.5 1.5 1.5 Residential Multi-family (per unit) 1.5 1.5 1.5 Other Uses As determined by the Zoning Administrator T bl 3 M' . P k' Sta d d f M' dUO" t . ts Subd. 2. ParkinQ Maximums. Provisions for off street parking shall not exceed 125% of total parking needed based on minimum required off street parking as listed in Table 3 Minimum Parking Standards for Mixed Use Districts. Subd. 3. ParkinQ Reductions. Refer to Subsection 541.07. Subd. 4. Shared ParkinQ. Shared parking between complementary uses is encouraged. Uses which are allowed to construct reduced parking through the use of shared parking are required to file cross access, circulation, use and maintenance agreements with the City as part of the overall development agreement. 530.06 Other Performance Standards. Subdivision 1. Exterior LiQhtinQ. Exterior lighting should be used to provide illumination for the security and safety of entry drives, parking, service and loading areas, pathways, courtyards and plazas, without intruding on nonadjacent properties shall comply with Subsection 541.03 and the following standards: a) Standards 1. Poles and fixtures shall be architecturally compatible with structures and lighting on- site and on adjacent properties. 13 2. Security lighting shall be adequate for visibility, but not overly bright. 3. Metal halide lighting shall be used with a concealed light source of the "cut-off' variety to prevent glare and "light trespass" onto adjacent buildings and sites. 4. Poles within landscaped areas and plazas shall have a maximum height of 20 feet, measured from grade. Poles within these areas may be set on pedestals no more than 8 inches in height. 5. Poles in parking lots shall have a maximum height of 24 feet measured from finished grade. 6. Lighting fixtures mounted directly on structures shall be permitted when utilized to enhance specific architectural elements or to help establish scale or provide visual interest. 7. "Wall paks" shall be permitted only in loading and service areas and shall be down-lit and shielded from view. 8. Shielded Illuminators or fixtures shall be permitted to light building mounted signage, building facades, or pedestrian arcades if they are integrated into a building's architectural design. 9. Lighting should highlighting entrances, art, terraces, and special landscape features. 10. Separate pedestrian scale lighting or other low level fixtures, such as bollards, shall be incorporated for all pedestrian ways through parking lots and drop-off areas at entrances to buildings. 11. All primary walkways, steps or ramps along pedestrian routes shall be illuminated. b) LiQht Intensitv 1. A photometric lighting plan is required for all proposed commercial developments to ensure that adequate and appropriate light levels are provided for each site condition. 2. The following levels of illumination should be maintained for each of the specific locations*: (i) Building Entrances 5.0 footcandles (ii) Sidewalks 2.0 footcandles (iii) Bikeways 1.0 footcandles (iv) Courts/PlazasfTerraces 1.5 footcandles 14 (v) Ramps 5.0 footcandles (vi) Stairways 5.0 footcandles (vii) Underpasses 5.0 footcandles (viii) Waiting Areas 1.0 footcandles (ix) Parking Lots 1.0 footcandles (x) Roadways 1.5 footcandles * Values given area in minimum average maintained horizontal, footcandles which are measured at the average point of illumination between brightest and darkest areas, 4'- 5' above the ground surface. (Source: IES Lighting Handbook - 4th Edition). c) Site lighting should provide consistent levels of illumination, avoiding pockets of very high or low levels of illumination. Subd. 2. Refuse Collection/Utilitarian Items. Refuse collection, recycling and utilitarian elements shall be designed into the interior space of buildings. All delivery and loading operations, HVAC equipment, and other utility and service function shall be grouped and arranged away from the public right-of-way and fully screened from other public areas, and adjacent properties utilizing architectural screening consisting of the same exterior facing materials as the principal building. Subd. 3. Architectural Standards. Development shall comply with the provisions of Subsection 541.13 and the following standards: a) All structures including parking ramps shall be designed to be architecturally integrated into the overall site and be made of comparable materials and decorative elements (See Subdivision 7). b) Exterior windows shall not be flush with the exterior walls. The windows shall utilize window trim with a minimum relief of 1-" from the exterior wall or other similar articulation. Subd. 4. BuildinQ Relationship to Street and Pedestrian Areas. All new retail, commercial, office, and mixed-use buildings are to provide a variety of active uses along a public street and/or major pedestrian area. This includes, but is not limited to, the use of multiple street front shops or businesses, multiple entrances into large single tenant buildings and design treatments of entrances, windows, facades etc. New buildings and developments shall comply with the following standards for building orientation and primary entrance: 15 a) All buildings shall have at least one primary patron entrance facing an abutting public street, rather than the parking area. Buildings abutting a major pedestrian circulation area as defined in Subsection 530.06, Subdivision 10 shall have at least one primary entrance facing and accessing the major pedestrian circulation way. Primary entrance is defined as the principal entry through which people enter the building. A building may have more than one primary entrance. Primary entrances shall be open to the public during all business hours. b) Primary building entrances shall be architecturally emphasized and visible from the street. Principal patron entrances should be clearly defined and highly visible utilizing such design features as awnings, canopies, pillars, special building materials or architectural details. c) Commercial or mixed-use structures that have over 60 linear feet of frontage on a major pedestrian area, public sidewalk or major street shall have a principal patron entrance onto the major pedestrian area, public sidewalk or major street. For building facades over 200 feet in length facing a street, two or more building entrances on the street must be provided. d) Building entrances shall incorporate arcades, roofs, porches, alcoves, porticoes and awnings that protect pedestrians from the rain and sun. e) Buildings shall include changes in relief on 15% of their street facades such as cornices, bases, window treatments, fluted masonry or other designs for pedestrian interest and scale. f) Building facades greater than 100 feet in length shall have offset jogs, using elements such as bay windows and recessed entrances or other articulation so as to provide for pedestrian scale to the first floor and to avoid long continuous unbroken building facades. Subd. 5. Windows. Window Walls. Blank Walls and Desiqn of the Ground Floor of Non-Residential Buildinqs. a) All development shall provide ground floor windows along street facades, parks, plazas or other public outdoor spaces. Required window areas must be either windows that allow views into working areas or lobbies or pedestrian entrances or display windows. Required windows shall have a sill no higher than 4 feet above grade, except as follows. Where interior floor levels prohibit such placement, the sill height maybe raised to allow it to be no more that 2 feet above the finished floor level up to a maximum sill height of 6 feet above grade. 16 b) For any wall within 30 feet of a street or a major pedestrian area, at least 20% of the ground floor wall area facing the street or pedestrian area shall be display areas, windows, or doorways. Blank walls along streets, public outdoor spaces and major pedestrian areas are prohibited. c) Darkly tinted, frosted windows or any windows that block two way visibility are prohibited as ground floor windows along street facades. Subd. 6. Upper StOry Setbacks. Upper story setbacks shall be required for structures over 3 stories that are adjacent or across a street from residential or public parklands. Upper story setbacks shall be achieved by: a) Floors above the third floor or fifty (50) feet shall be stepped back a minimum of twenty (20) feet, and b) All buildings shall be stepped back such that the height of the building fa9ade does not exceed an angle greater than forty-five (45) degrees from the average street elevation beginning at a point at the curb on the opposite side of the street. c) Exception. The Director may waive the building step-back requirements of this Subsection provided that the applicant clearly demonstrates the proposed project: 1. Includes window treatments, entry placement, fa9ade relief and other architectural treatments to provide visual interest and pedestrian-sensitive design at the street level and to maintain a human scale in the streetscape; and 2. Extends the same architectural features above the ground floor level through variations in design, detail and proportion and by avoiding designs featuring a monolithic street fa9ade; and 3. Is designed as not to obstruct sunlight from falling on a given point on the back of the sidewalk on the opposite side of the street for more than four hours in any given day between September 21 and March 21. Subd. 7. Vehicular Circulation and ParkinQ. Parking and vehicular circulation shall comply with the standards in Subsections 541.05, 541.07 and the following standards: a) Parking drives should be located away from building entrances, be designed to minimize pedestrian conflicts and shall not be located between the main building entrance and the street; 17 b) Surface parking lots shall be oriented behind or to the side of buildings; c) Driveway access and parking lots shall be shared as much as possible; d) Above grade parking ramps shall be located towards 1-494 to provide shielding or buffering of 1-494 from other uses on site; e) Parking ramps shall be designed to be architecturally integrated into the overall site and be made of comparable materials and decorative elements; f) For parking lots within pedestrian corridors, refer to Subdivision 8; g) Bicycle racks or storage shall be provided; and h) Cross access and circulation across adjoining parcels is required, where appropriate and feasible. Joint circulation shall be documented in a cross access and circulation easement and agreement, Subd. 8. Pedestrian and Bicvcle Circulation. Pedestrian and bicycle circulation and access shall comply with the following standards: a) Developments shall implement an on-site pedestrian and bicycle circulation system that complies with the Vision Plan for the district as adopted in the Comprehensive Plan or any other redevelopment plan for the district; and b) Sidewalks are required along both sides of all public right-of- ways. Subd. 9. Stormwater manaqement. Stormwater management shall comply with Subsection 9541.19. Subd. 10. Required Open Space. Within the mixed-use districts, a "major pedestrian area" of usable open space is to be the central organizing element that links the different parts of the corridor into a whole. The major pedestrian area is to be a continuous central spine of pedestrian circulation along the length of the 1-494 corridor roughly midway between 77th Street and 1-494. This pedestrian area shall be designed for pedestrian circulation and may include gathering and event space. Landscape setback areas and other impervious areas are to be landscaped to enhance the aesthetics of the area and to define outdoor space. The landscape setback area next to 1-494 is to be a green edge of landscaping that may include, but not be limited to trees, shrubs, vines and herbaceous 18 plants. Open space can shape and serve as a transition between different uses and provide focal points and anchors for pedestrian activity. The required open space shall: a) Abut a public sidewalk or major pedestrian circulation area and shall be accessible to the public during daylight hours; b) Include a combination of public and semi-public gathering , spaces, such as plazas, tied together through a linear green corridor along its center; c) Include a buffer of landscape plantings along 1-494 or other physical barriers to enhance the community's image and to buffer uses from noise or other nuisances; d) Be used for treatment of storm water, only if it is designed as part of the overall open space system such that the storm water treatment or storage is used as a decorative element, and has no negative impact on recreation or the enjoyment of the open space; e) Include plazas, or patios that are integrally designed to accentuate the architecture on-site and to tie off-site elements into an overall theme or character by use of decorative' pavers, public art, decorative lighting, seating, planters, or other features. Usable open space shall be a minimum of 1,000 square feet in size and a minimum of 20 feet wide in any direction; f) Be designed to have good public visibility to encourage pedestrian use of the on site outdoors amenities, while at the same time enhancing the security of such places by placing public entrances on the open space and ground floor windows along the open space; and g) Be designed such that, in the City's judgment, the spaces adequately enhance such development and serve as gathering places for visitors, customers, residents, and employees and are consistent with the Comprehensive Plan or any redevelopment plan for the district. Subd. 11. ScreeninQ. The following screening requirements shall apply: a) Off-street parking facilities shall be screened according to Subsection 541.07; and b) Trash storage facilities shall be fully enclosed within a primary structure. 19 Subd. 12. Landscapina Reauirements. Landscaping and screening shall meet the performance standards as specified in Subsection 541.09. Subd. 13. Use Transitions. The following options should be used as use transitions: a) When multi-family, office, small-scale retail, pedestrian intensive retail, civic or public uses are planned as part of a mixed use development, the lesser intensive uses or the more community serving uses may be used as transitions to adjacent residential uses. b) Larger commercial or office buildings may be mitigated with building fa9ade articulation, by locating parking lots or structures or other potential nuisances away from residential uses, or by stepping down building height in the area immediately adjacent residential uses. c) Streets and streetscape can be used as a transition between uses. The distance and separation afforded by the public right- of way, together with streetscape improvements on both sides of the street may be utilized as a transition to adjacent development. d) Green spaces, courts, squares, parks, plazas, etc. may be used to create a meaningful transition between uses. e) In situations where the above do not provide adequate transition, additional landscaping may be required as determined by the Director. 530.07 Non-conformities Subdivision 1. Expansion of Non-Conformina Uses. Existing legal non-conforming uses may be maintained according to City Code Subsection 511.13. The City Council may allow expansion of legal non-conforming uses through issuance of a conditional use permit. Expansion may be allowed up to 10% of the gross floor area provided the expansion meets all other applicable City requirements. Any expansion or modification of a legal non-conforming use should not significantly impede implementation of goals and policies of the Comprehensive Plan. Subd. 2. Expansion of Dimensional or Bulk Non-conformities. Existing legal conforming uses existing prior to adoption date of this ordinance that do not meet dimensional or bulk standards of the Mixed Use zoning district may be expanded through review and approval of a site plan - Subsection 530.08. Expansion or modification of a legal conforming use shall: a) Not increase the degree of non-conformity, 20 b) Result in the building and property being in greater conformance with the goals and policies of the Comprehensive Plan, c) Not significantly impede implementation of goals and policies of the Comprehensive Plan. 530.08 Site Plan Approval/Process. Subdivision 1. Procedures. All proposals shall be reviewed under the site plan approval process as set forth in this subsection. Subd. 2. Approval Required. It shall be unlawful to do any of the following within the Mixed Use District without first obtaining site plan approval: a) Construct a building; b) Move a building to any lot; c) Expand or change the use of a building or lot or modify a building, accessory structure, or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking; d) Grade or take other actions to prepare a lot for development, except in conformance with a permit or an approved plan which complies with the City's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary; or (Amended, Bill No. 1998-2) e) Remove earth, soils, gravel, or other natural material from or place the same on a lot, except in conformance with a permit or an approved plan which complies with the City's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary. (Amended, Bill No. 1998-2) Subd.3. Application. Application for a site plan reviewshall be made to the Zoning Administrator on forms provided by the City and shall be accompanied by the following: a) A plat or map of the property; b) Evidence of ownership or an interest in the property; c) The fee specified in Appendix D of the City Code; d) Information regarding project phasing and timing; 21 e) Complete development plans as specified under Subsection 526.45, signed by a registered architect, civil engineer, landscape architect or other appropriate design professional; f) Conveyance of easements to the City to permit completion of screening, landscaping or other improvements required by the City as a condition of site plan approval; g) Architectural plans shall be prepared by an architect or other qualified person and shall show the following: (i) Elevations of all sides of the building; (ii) Type and color of exterior building materials; (iii) Typical floor plans; (iv) Dimensions of all structures; (v) The location of interior trash storage areas and of exterior electrical, heating, ventilation, and air conditioning equipment; and (vi) Utility plans including water, sanitary sewer, and storm sewer. h) Such other information as may be required by the City. Subd. 4. Public Hearinq. Upon receipt of a completed application, a date shall be set for a public hearing before the Planning Commission. The hearing will be held no less than 10 days after mailed notice is sent to the owners of properties located wholly or partially within 350 feet of the site. The Planning Commission shall submit its recommendations to the Council. Following appropriate review, the Council shall make a decision regarding the application. (Amended, Bill No. 1995-19, Sec. 1) 530.09. General Criteria and Standards for Site Plan Review. Subdivision 1. General Standards. In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with the following: a) Consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; b) Consistency with this Subsection; 22 c) Creation of a design for structures and site features which promotes the following: (i) An internal sense of order among the buildings and uses; (ii) The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking; (iii) Energy conservation through the design of structures and the use of landscape materials and site grading; and (iv) The minimization of adverse environmental effects on persons using the development and adjacent properties. Subd. 2. Underqround Utilities. Underground utilities shall be provided for all new structures and those that are renovated if renovation costs exceed 50 percent of the value of the structure. Section 7. Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 15 to read as follows: SECTION 15. MIXED USE - NEIGHBORHOOD DISTRICT (MU-N) (1) M-16 (NE corner of 78th and Wentworth) Lot 4, Block 6, R.C. Soen's Addition. (2) M-16 (SE Comer of 7ih and Wentworth) That area lying between the center lines of 77th and 78th Streets and between Wentworth Avenue and the east lines of Lots 4,5, and 6, Block 7, R.C. Soen's Addition, and excluding Lot 4, Block 6, R.C. Soen's Addition (Added, Bill No. 1998-17). (3) M-18 (South of 7ih Street, Park to 10th) That area lying between 7ih and 78th Streets and between the center lines of Park Avenue extended and 10th Avenue extended. (4) M-18 (S of 7ih, 14th to Bloomington) That area lying between the center lines of 7ih and 78th Streets and between the center lines of 14th Avenue and Bloomington Avenue. Section 8. Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 16 to read as follows: 23 SECTION 16. MIXED USE - COMMUNITY DISTRICT (MU-C) (1) M-16 (S of 7ih, Nicollet to 4th) That area lying between the original center line of 77th Street and the center line of 78th Street, and between the east lines of lots 4,5, and 6, Block 7, R.C. Soen's Addition and the center line of 4th Avenue. (2) M-18 (S of 7ih, 10th to 1ih) That area lying between 7ih and 78th Streets and between the center lines of 10th Avenue extended and 12th Avenue. (3) M-18 (E side of 12th S of 7ih) That area lying between the center lines of 77th and 78th Streets, and between the center line of 1 ih Avenue and a line parallel to and 230 feet east of the center line of 12th Avenue. (4) M-18 (S of 7ih, 13th to 14th). That area lying between the center lines of 7ih and 78th Streets, and between the center line of 14th Avenue and a line parallel to and 230 feet east of the center line of 1 ih Avenue. Section 9. Appendix 1 to the Richfield Zoning Code is amended by adding a new Section 17 to read as follows: SECTION 17. MIXED USE - REGIONAL DISTRICT (MU-R) (1) M-16 That area bounded by 1-494 on the south, 7ih Street on the north, Lyndale Avenue on the west, and the extended centerline of Grand Avenue on the east. (2) M-16 (SW of 7ih and Soo Line Railway) That area bounded by 1-494 on the south, 7ih Street on the north, the extended centerline of Grand Avenue on the west, and 25 feet west of the centerline of the Soo Line Railway right-of-way on the east. (3) M-16, 18 (S of 7ih, 4th to Park) That area lying between the original center line of 7ih Street and the center line of 78th Street, and between the center lines of 4th Avenue and Park Avenue extended. (4) M-18 (S of 7ih, Bloomington to Cedar) That area lying between the center lines of 7ih and 78th Streets, and between the center lines of Cedar Avenue and Bloomington Avenue. Section 10. Paragraph (49) of Section 3 of Appendix 1 of the Richfield Zoning Code is amended to read as follows: 24 (49) M-18 (S of 7ih near Bloomington. 14th to Bloominqton) That area lying between the center lines of 7ih and 78th Streets, and between the center lines ef Ced3r ^venue 3nd a line p3rallel to :md 230 feet e3st of the center line of 12th !\.-venue 14th Avenue and Bloominqton Avenue. Section 11. Section 3 of Appendix 1 of the Richfield Zoning Code is amended by adding a new paragraph (76) as follows: (76) M-14 (NW corner 1-35W and 1-494) Tract A, R.L.S. No. 1037. Section 12. Appendix 1 of the Richfield Zoning Code is amended by repealing Section 1, paragraph 4, Section 3, paragraphs 48, 65, 67, and 69, Section 4, paragraph 2, Section 7, paragraph 8, and Section 13, paragraphs 7 and 17. Section 13. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 10th day of January, 2006. M?!n~JMa~ ATTEST: 25 CI --- , newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being 'duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current 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. 9331A.02, 9331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for ~ successive week(s); it was first published on Thursday, the ---.J.L day of Januarv , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2006; and printed below is ~ a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefgh ij klmnopqrstuvwxyz BY~[ Subscribed and sworn to or affirmed before me . MARY ANN CARLSON NOTARY PU8UC - MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION t I L . (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 per line (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line www.mnSun.com 'lEG^tNOTICE~ ~"' ....".... ..... ..;..... .:........ CityofRichfieldc (()ff!cral PUbliCatiOn) SUMMARV~UBUCATION .'.. ,. ",BIJ,.l;.'oI(:).2lJ06-1 . ,'.,. ~NPRDINAt,JCE',RE'-ATI$,TP,~ONlI\IG., E$rAjLl$HIN,~R.EGULA' " .'FQR'rHREEMIXED' :"'USEZOt.!I""GQISTRIC . DING MIXED-USE ,.'REGIONIlLiMIXEo.JjS .. ITY ANOMIXEQ.. . 'USE:NElGHBORHOQD;. Q;THERICHFIELD . iOt.llNG COOliBV CBEATING~NEWSl,lBSECTION '.: 530; ANlE""OING APPENQIXt'TO THERlqHFIELD . . ZON,IN~CODE BY; REZOt)llfllGCERTAIN ." ,PROPERTIES W1THi,NTHEl"494,CORR'IDORAREA AS MIXED"USE:REGIONA!-, MIXED-USE .,COMNlUN,ITY,' AND MIXED-USE NEIGHBORHOOD;' '," AMENDII\IGSUSSECT10N ,51!>.O1 Of THE. RICHFIELD , ZQNINGCODE;AMENDINGSUBSECTION 506.07 OF '. THE RICHFIELD ZONINGCODl: This summary Of theordioimce is published pursuant to SeCtion.3A20ftheRiQhfj~I\lGityCharter. , _Tlje()rc\inll\bli~h.es tt)i-ee ne\V 2:ooingdistriCts: MixEld>l,lsEl'I\l~Qd;Mi)(El(:1 Use GommunitY, and Mixe(j Use ' 'Tf,Je ordinance regulates the land .pse~tlJil(~~"., . .condi~i()'naIlYP'~r!pittEldorprohib"_ Ited 10 eaclldlstflct, .ltestabhslJes'bUlldlOgsetbackand minimum andmaximu,m buildin~ IlElight requirElments. ,It, also establishes rElq",iremElnts fcirparking,vehicularand,' pedestrian circulation. e)(Wiorlig~ting; ()pen Space. lari(k scaping;' and- gther performam::estandarlls'for'eachdis-' trict.,I.nQeneral, thElirni*ed!.lSElzQningdistrictsal.low for higherllensitY de"elopmElntwitha'r\'li*gfretall; office -and' ,residejJtial;uses;, as.is..enyis10nellby, the,Gitts,Compte, . hensive'PJari.. The.QrdinarrcerEl.q/Jiressite planappr()val for.all development within the.!Ilb(edusedistricts an([es, tablishEl$ reg/Jl~ti()!1sfC)r U$Els andsfructwElS th8,tllq not c,?!)formtotl1'e new rElgulatio~s: ... .... '. ..'< . ...>' "The ordinanCE! also rezonElsmosl dfthEl progerties .,."ithip ,the area bO\lnded by Knoxh;vEln/Jet() thElwest,'Cedar Av- enue to tt)e east. 77th. Street to thEl' north;. and Interstate ", 494.to the south iri,to one, 9fthe three new mixed use dis-' trict.. r ngeneral. thEl p-rop~rties rezoned toMixed Use Re- '. . giona! are 10catedadjaQerJtt() north-sout'" collec\()rstreets that will. retain access to 1"494. incliJ(jing LyndalEl Avenue; Portlimd Avenueai'ldCedar Avenue, ,Thepropertiesre- zoned to' MixediJseCoininunityare generally.locatEld near north-south collector strElets It)at, \Viii. I)othaveaccess tol'494-i(fthe fat jwuf proVideconriectidnsto the city 01 Bloomington'; ingNiC(jllefAven\l!land;12th Av-' .' .' enue.Jt)ep. . ." .J:ei9I1edto'M~*e(FtlsEl;;t-Ieigf,Jbor- .' hood are genera1lyloC!'tegln areas tIlat!l~:.nqt'atnrt rior!h; " soulhbolleCtor/ltreelsi. ." ..<c'. ': . ....;/ , Cdpi~sOflhEiOr'{fi~~~;are:avaiJable:'tOrpublic',in>' speCtionin the City Clerk's pffice during normal business hO!.l1'/l- or ,upon reqllellt by'calliTl{}the O~artrnent.of Com- mUrjlty:Delteloat.(612).861,9760. Arnap showing, <lhe'neW . . ,'i:lQundari({$,'aswellasa,listofthe 'addt~ElS-.. .'t!iElS;that:are, being rezoned; ' can be ',bl:!la!ll~Kfro.lT.!;theDElP<1i1OlE!Ot- of ,O()mmunity' Develop'" ":'IllElnf,',.:,),,3i"r-'(," '. ,. ....:o:::,?'?t'_"',:,~;:"'jS/";N~~cy't3!bbS'City'CIe& . . 'Y'(J~Il.19;2Q06)d212006-1 .-