2006-09
BILL NO. 2006-9
AMENDMENT TO SECTION APPENDIX 1
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
(Cedar Point Commons Planned Unit Development Plan and Rezoning)
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Findings of Fact. The City Council hereby makes the following findings of
fa ct:
A. The City's zoning ordinance establishes zoning classifications for
individual property. The property located in the Cedar Point area,
specifically between 63rd and 66th Streets and 17th Avenue and
Trunk Highway 77 (TH 77) is zoned R (Single Family Residential),
and C-2 (General Commercial), and I (Industrial) [the "subject area"].
B. Ryan Companies US, Inc. has submitted an application to the City for
a planned unit development plan [the "PUD plan"] in the subject area.
The PUD plan proposes to construct 370,000 square feet of
commercial space and 1,527 parking stalls.
C. The City has reviewed the zoning ordinance and determined that it
would be appropriate to rezone the subject area as PC-2 (planned
general commercial) and approve the PUD plan to establish the
regulations governing the PC-2 district.
D. The Planning Commission has conducted a public hearing
concerning the PUD plan and amending the zoning ordinance in the
subject area. The Planning Commission recommended approval of
the PUD plan and zoning ordinance amendment on April 24, 2006
following a public hearing. The City Council held first reading of the
rezoning on May 9, 2006 and a public hearing on the PUD plan
amendment and rezoning on June 13, 2006.
E. The City's zoning ordinance provides criteria for approving a PUD
plan and rezoning of property to a planned unit development. The
City Council finds that the PUD plan and rezoning of property in the
subject area meets the criteria in the following ways:
1. The proposed development conforms with the goals and objectives of the City's
Comprehensive Development Plan and any applicable redevelopment plans:
a) The project area is designated Regional
Commercial/Office and the proposed development is
consistent with this designation.
b) An objective of the Comprehensive Plan is to
"advocate and support with municipal investment a
high quality visual environment throughout the City
and particularly along major transportation corridors."
The PUD plan and rezoning are consistent with this
objective.
c) The PUD plan and rezoning are also consistent with
the following goal of the Comprehensive Plan:
"Provide an economic climate within Richfield that
will encourage the availability of quality goods,
services and employment opportunities for
residents."
d) The PUD plan and rezoning are consistent with the
Comprehensive Plan goal to, "Promote diverse
development that will broaden the tax base while
reinforcing the residential character of Richfield," and
with its accompanying objective, "promote
development that can support itself and broaden the
tax base."
e) The PUD plan and rezoning are consistent with the
following Comprehensive Plan objective: "Promote
Richfield's locational advantage within the greater
metropolitan area."
f) The PUD plan and rezoning are consistent with the
Comprehensive Plan objective to "address the
means to improve the visual quality throughout the
City, concentrating on design ,districts and
transportation corridors, beginning with land use
coordination."
g) The PUD plan and rezoning are consistent with the
description of the Cedar Avenue Corridor plan that
states as follows: "The intersection of East 66th
Street and Cedar Avenue would afford the
opportunity to attract a major regional commercial
use such as a regional retail center."
2. The proposed development is designed in such a manner as to form
a desirable and unified environment within its own boundaries: The
project is designed to create a commercial development setting for
Target and Home Depot and numerous other commercial tenants.
The buildings and site development are all part of one unified
development.
3. The development is in substantial conformity with the purpose and
intent of the original C-2 zoning district, and departures from the
original district regulations are justified by the design of the
development.
a) The building setbacks exceed the setbacks required
in the C-2 district, with the exception of the setback to
66th Street, which is 10 feet instead of 35 feet. The
reduced setback is in accord with the Cedar Avenue
Corridor Redevelopment Concept Master Plan goal
of creating a unique urban experience. The final
development plan contemplates smaller individual
buildings close to the street, which fulfills the design
goal of the Master Plan.
b) With the exception of the tower element on the most
southerly building, the building height is lower than
the maximum height allowed in the C-2 district. The
tower element is only 10 feet higher and provides an
architectural feature and design element that adds
interest and balance to the building. The design
mimics elements from the nearby airport, allowing the
development to fit in with the surrounding
environment. The entire development is below the
maximum height required by Joint Airport Zoning
Board regulations.
c) The development provides greater parking area
setbacks than would apply in the C-2 district.
d) The development has slightly greater impervious
surface coverage than would be allowed under the C-
2 district, if no consideration is given to the off-site
ponding area that the developer will improve and
utilize. When the ponding area is included, the
development is slightly below the maximum
impervious surface coverage that would be allowed
in the C-2 district.
e) The development will include 1,527 parking stalls,
which is approximately 92 percent of the number of
stalls that would be required under the City's parking
standards. The reduction in parking stalls is
acceptable because of the transit-oriented nature of
the development. It is expected that many shoppers
and employees will use modes of transportation
other than cars. Shared parking and differences in
peak parking needs for the different businesses are
also expected to reduce the parking demand.
4. The development will not create an excessive burden on parks,
schools, streets, or other public facilities and utilities which serve or
are proposed to serve the development: Transportation
improvements are proposed to accommodate traffic from the
development and to improve existing traffic problems in the area at
66th Street and Trunk Highway 77. A regional stormwater pond is
being added to the development to accommodate this development
and future development south of 66th Street and 17th Avenue. With
the improvements, there are sufficient utilities to serve the
development.
5. The development will not have undue adverse impacts on neighboring
properties: Transportation improvements are proposed to
accommodate traffic from the development. Site features are
planned to minimize visual impacts from the development on
neighboring properties. The final development plan provides details
regarding landscaping and lighting, which are designed to minimize
the impacts of the development on neighboring properties.
6. The terms and conditions proposed to maintain the integrity of the
plan are sufficient to protect the public interests: A final development
plan, which establishes the terms and conditions of the development,
is required before construction can commence. The EAW was
determined to be adequate by the City Council on March 28, 2006.
Section 2. Appendix 1 of the zoning ordinance code of the City of Richfield entitled
"Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended:
A. Section 1, Paragraph (7) is repealed.
B. Section 1, Paragraph (8) is repealed.
C. Section 3, Paragraph (42) is repealed.
D. Section 3, Paragraph (52) is repealed.
E. Section 3, paragraph (75) is amended to read as follows:
(75) M-3 (Bloomington to Cedar Avenues and East 66th Street)
That area lying between the center lines of Bloomington Avenue and
the west lines of Block 3, Iverson's 2nd Addition and Block 5.
Iverson's 3fd Addition. Cedar Avenues, and between the center line of
66th Street and a line distant 250 feet northerly thereof and parallel
thereto, and the north 20 feet of Lot 8, Block 12, Nokomis Gardens
Rearrangement of Blocks 7, 11, and 12, Girard Parkview. (Added, Bill
No. 2000-11)
F. Section 7, Paragraph (12) is added to read as follows:
(12) M-3 (NW Corner of 66th Street and Cedar Avenue) That area
lying between the center line of 17th Avenue and the west right-of-
way line of Trunk HiQhway 77, and between 63rd Street and the
center line of 66th Street. excludinQ Lots 1. 2. 16. and 17. and Block
6. Iverson's Second Addition, and Lots 6. 7. and 8. Block 3. Iverson's
Third Addition. and. including Block 3 of Iverson's Second Addition
and Block 5 of Iverson's Third Addition extended to the center line of
66th Street.
Section 3. This amendment constitutes a rezoning of the following properties:
R to PC-2: 6315, 6321, 6327, 6333, 6339, 6345 17th Avenue South,
6401, 6409, 6415, 6421, 6427, 6433, 6439, 6445 17th Avenue South,
6500-6527 17th Avenue South, 6314-6527 18th Avenue South.
C-2 to PC-2: 6532 and 6533 17th Avenue South, 1614 66th Street
East, 1620 66th Street East, 6532 and 6533 18th Avenue South,
1700 66th Street East, 1708 66th Street East, 1714 66th Street East,
1720 66th Street East, 1800 66th Street East, 1820 66th Street East,
6500, 6520, 6528 Cedar Avenue South.
I to PC-2: 6300, 6328, 6344, 6400, 6412, 6444 Cedar Avenue South
Section 4. This ordinance shall become effective on the later of the following dates:
tat 30 days after publication of the ordinance. or (b) upon such I3ter date as the City
Attorney certifies to the City Clerk that all of the properties to be rezoned by this ordinance
are held in common ownership or control. For purposes of this ordin:mce, properties that
are not held in common o'Nnership by a private property owner shall be deemed to be held
in common control if the properties 3re owned by either the City of Richfield or the Housing
and Redevelopment ^uthority in and for the City of Richfield and if those public entities
have given fin31 3pproval of agreements or ordin3nces that authorize the transfer of the
City and HR/\ properties to the pri'l3te property owner who o'/ms the remaining properties
3ffected by this ordin3nce; except that City 3pproval of the transfer of those portions of City
property that 3re loc3ted within Outlot .^. of the proposed pl3t of Cedar Point Commons is
not required to demonstr3te common control under this ordinance.
Section 5. The City Clerk is directed that this ordinance shall bear the same
number as the previous ordinance. This ordinance replaces and supercedes the
ordinance as adopted on June 13, 2006.
Passed by the City Council of the City of Richfield, Minnesota this 27th day of June,
2006.
~~ag~~f1
Martin J. Kirs ayor
ATTEST:
~
Nancy Gibb , City Clerk
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. S331A.02, S331A.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 ~ day
of
June
, 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:
abcdefghijklmnopqrstuvwxyz
BY:'~
Subscribed and sworn to or affirmed before me
O~Of~~
N tary ublic ~
.
MARY ANN CARLSON
NOTARY PUBlIC - MINNESOTA
MY COMMISSION EXPIRES 1-3Hl9
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 oer line
(2) Maximum rate allowed by law
$
6.20 oer line
(3) Rate actually charged
$
1.30 per line
city of Richfield- .
(OfftCiaIPliblicaIiori) ,_~'::/'
. SUIoUIARY PUBLiCATION
'., / BILL N().~;... /i.
AN ORDINANCE ~ENDlNGAP"ENQIX 10FTI:IE
RICI:IFIELD CITY CODE, ESTABUSHINGc'lltE
,REZONING OF CERTAIN PROPER11ESWrrHIN TtfE
CEDAR POINT DEVELOPMENT .>
Th~summary of the ordinance ~Pu6rl~h9dpu~l.Iant
to SeclioiJ 3.12 of lheRichfi~1d City Charter,. '''.. ','
The ordinance .rezones. the- properties that .Ii~. within
~ following descnbed area: 6egil)ningat the,intel'SeC-
~ af63rd Street an~TH 77; then S!?uthalorigtheTH]7 ,
right-d-way to 66th ~;thenwesttQ.the.wesferJy:lirie,',
~ lots 1 through 6, Block'aofth~lversoh'S~(l(jMdj::
lion, and lot 2, ,B1ock'5"iverson'sThlrdAddijil)n.'t~en
north to 65th Street and thilnpioceeding north.alqMJjll(
;r.
~,
easterlyright of way line, of 17th Street, and proceeding to
63rd, Street, ~nd ,connecting to the intersection of 63rd
Street and TH77to PC-2; Planned General Commercial
zonil'!g district. In general, the properties rezoned to
Planned General' Commercial, are locate,d' adjaCent, to
east-west collector street that will retain aC()es~ to TH 77.
Copies of the ordinance are available for public in-
spection in the City Clerk's office during normal bw;;iness
hours or upon request by calling the Department of Com-
munity Developmentat (612) 861-9760. A,mapshowing
the new zoning district boundaries, as w~II'l;Isa list of the
addresses of properties that are being rezoned, can. be
obtained from the Department of Community' [)evelop-
Rlent. ", ..... , ",", "
/s/ Nancy G.i~.~s.CitvClerk ',",
BElT FURTHER RESOLVED, that thecity'clerk is direct"
ed to keep a copy of the orqinance in heroffice at city hall
for public inspection and to post a full cqpyof the ordi,
fiance in apulilic place in the Cityfor'ap-eribdof two
weeks. .,'. __' ,',' . "
Adopted by.the--pty Council of th~ Cii-rofRichfield, '\
Minnesota'this13thday of June, 2006. .', ' ,
'--, ;._--,.-,
^;:'-".',
-- Martin ,I. ,Kifsc/:l, Mayor.,__
',' (June 22, 2006)d2/cedar ptrezlllle,
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. s331A.02, s331A.07, and other applic-
able laws, as amended.
(8) 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 -L day
of July , 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:
abcdefghijklmnopqrstuvwxyz
BY, /~~(
Subscribed and sworn to or affirmed before me
on this ~ day of July , 2006.
~~~
Noltry P - "i1 -- ~
.
MARY ANN CARLSON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES 1-31-()9
RATE INFORMATION
(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 Der line
'LEGAL NOTICES
City of Richfield
,(Offlclal Publication)
SUMMARY PUBLICATION
BILL NO. 2006-9
AN ORDINANCE AMENDING APPENDIX 1 OF THE
,~ RICHFIELD CITY CODe; ESTABLiSHING THE '
REZONINy OF CERTAIN ,PROPERTIES WITHIN THE
, . CEDAR POINT DEVELOPM,ENT
This suminar'yot tlieordinanceis published purs'uant'
,to Section 3.1~ of the RichfieldCityChilrter.
The ordinance rezoriesthepropertiesthat lie within
the following describedarea:,beginning attheintersec-
. tion of 63rd Street and TH n; then South along the TH 7;
, right-of-way to 66th Street,; then west to the westerly line
olLots 1 through 6. BIpCt< 3 of the Iverson'sS~nd Addi- "
tion and Lot 2. Block 5, Iverson'll Third, Addition, then
north to 65th Street and then proceeding north along the
easterly right of way line of 17th Street, and proceeding to
,63rd Street, and connecting to, the intersection of 63rd
Street and TH 77 to PC-2"Plan'ned General Commercial
zoning district:; In general;ttleproperties rezoned to
Planned GEineral C()mmerqial are, loeated aQjacent to ~
east-w911tcollector street that will retain acbessto TH 77.
The ordinance is.effective 30 days after publication.',
Copiell of the ordiliance are available' for, public in-
spection ili tile City Clerk's ollice during normal business
hours or'upon 'requel!t by calling the Department of Com-
munity Developmental (612) 861-9760. Amap showing
the new zoning district bounQaries,as well ~s al,isto! the
addresses of properties that are being rezoneq, can be
obtained froro tp~ Department of Community Develop-
ment. " This puBlication llupercedes the publication made"
, on June 21. 2006., ' ,
, is!
,. Nancy Gibbs, City Clerk
(July 6, 2006)d2l2006-9