2002-22
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BILL NO. 2002-22
AMENDMENT TO RICHFIELD CITY ZONING CODE
SECTIONS 536.01 Subdivisions 4 and 6; SECTION 536.11 Subdivision 1;
SECTION 536.17 Subdivision 4 (c); 536.19 Subdivision 1;
536.21 Subdivisions 1, 2, 3, 4, and 5; and 536.25 Subdivisions 1 and 2.
THE CITY OF RICHFIELD DOES ORDAIN:
1. Section 536.01 Subdivision 4 of the zoning code of the City of Richfield is
deleted as follows:
Subdivision 4. Definition: oriqinal district. J\c uced in thic Section, the term
"origin~1 dietrict" me~nc tho zoning dietrict from \Nhich I~nd ic propoced to be
rezoned to ~ PUD.
2. Section 536.01 Subdivision 6 of the zoning code of the City of Richfield is
deleted as follows:
Subdivision 6. Departure from oriqinal district requlations. Tho v:Jriouc zoning
regul~tione ~nd roquiromente (e.g. uee, building eet b~ck, hoight) which ~pply to the
origin~1 dietrict chould be coneidored ~e guidelinee ~nd m~y be dep~rted from in tho
~pprov~1 of ~ny PUD to ~ccomplieh the purpoeee described in Subd. 5 of this
Subeection.
3. Section 536.11 of the zoning code of the City of Richfield is amended to
read as follows:
536.11. PUD districts: quidinq districts :md allO'.vable uses. Subdivision
1.
The following table denotes the six types of PUD districts, the abbreviations for such
PUD districts, and the ~lIow~ble usee within e~ch PUD district. guiding districts
which correspond to each PUD district. The various zoning requlations and
requirements (e.g. use, buildinq setback, height) which applv to the guiding district
should be considered as guidelines when reviewinq proposed PUD districts and
may be departed from in the approval of any PUD to accomplish the purposed
described in Subd. 5 of this Subsection. Furthermore, the guidinq districts should
be considered as quidelines when reviewing proposed uses in PUD districts once
they are established/approved.
PUD DISTRICTS
ABBREVIA TION
GUIDING DISTRICTS
J\LLO'NABLEUSES
Planned Residential PR R & R-1
Planned Two-Familv Residential PMR-1 MR-1
Planned Multi-Familv Residential PMR MR-1, MR-2, & MR-3
Planned Neiqhborhood Commercial PC-1 C-1
Planned General Commercial PC-2 C-2 & C-3
Planned Industrial PI I
4. 536.17 Subdivision 4 (c) of the zoning code of the City of Richfield is
amended to read as follows:
536.17
Review of PUD application.
Subdivision 4 (c) the development is in substantial conformity with the purpose
and intent of the origin~1 quidinq district, and departures from the origin~1 quidinq
district regulations are justified by the design of the development.
5. 536.19 Subdivision 1 of the zoning code of the City of Richfield is
amended to read as follows:
536.19
Final Development Plan and Conditional Use Permit.
Subdivision 1. Upon approval of the PUO application and rezoning, but prior to the I
commencement of any construction or development of land, an applicant shall
submit a final development plan, together with an application for a conditional use
permit for the development shown in the final development plan, which is
consistent with the PUO application. Tho voting roquiromontc for opprovol of the
Finol Dovolopmont Pbn ond Conditionol Uco Pormit oro tho como oc thoco cot
forth ot Subsoction 516.07, Subdivicion 1. Final development plans and
conditional use permits will be processed accordinq to the procedures established
in 546.05 subdivisions 4 and 5.
6. Section 536.21 of the zoning code of the City of Richfield is amended to read
as follows:
536.21 Compliance with the PUD plan and final development plan.
Subdivision 1. Changes. The development of a PUD district shall be in substantial
compliance with the approved PUD plan, final development plan, and conditional
use permit. Complionco sholl not bo concidorod cubctontbl if thoro ic:
0) moro thon than porcont chongo in floor oroo in ony one
ctructuro;
b) moro thon 0 ten percont chonge in the opprovod ceporotion of
buildingc;
c) ony chongo in tho originol opprovod cotbockc from proporty linoc;
d) moro thon fivo percont chongo in tho ground oroo covorod by the I
building; or
0) ony chongo in the rotio of off ctroet porking ond looding cpoco to
groce floor oroo.
Subdivision 2. Minor Amendments to a PUO plan and FOP/CUP, defined.
Minor amendments to a Final Development Plan and Conditional Use Permit
are:
. Signage changes
. Landscape chanqes
· Parking lot configuration chanqes (not chanqe in number of spaces)
· Less than a ten percent change in floor area in anyone structure
· Less than a ten percent chanqe in the approved separation of
buildinqs
· Less than five percent chanqe in the qround area covered by the
proiect
· Less than a five percent chanqe in the number of residential units
. Less than a five percent change in the number of parkinq spaces
Subdivision 3. Maior Amendments to a PUD plan and FDP/CUP, defined.
.
More than a ten percent chanqe in floor area in anyone structure
More than a ten percent chanqe in the approved separation of
buildings
Any chanqe in the oriqinal approved setbacks from property lines;
More than five percent chanqe in the qround area covered by the
proiect
Any change in the ratio of off-street parkinq and loading space to
qross floor area.
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Subdivision 4: Proposed Minor amendments to be reviewed administratively.
Proposed minor amendments (as specified in Subdivision 2 above) to a PUD plan
and FOP/CUP shall be reviewed-and decided by the Director of Community
Development. Decisions of the Director of Community Development may be
appealed to the City Council. The Director of Community Development may
determine that a proposed 'minor' amendment to a PUD plan and FOP/CUP is in
fact a 'major' amendment and may refer such proposed amendments to the
Planninq Commission and Council accordinq to the procedure established in
Section 536.25. Application fees to request a minor amendment to a PUD plan
and FOP/CUP are established in Appendix 0 of this code.
Subdivision 5: Proposed Major amendments to be reviewed by the Council.
Proposed major amendments to a PUD plan and FOP/CUP are to be reviewed by
the Planninq Commission and City Council as specified in Section 536.25.
Subdivision 6: Buildinq Permits. (no changes to this section other than the
subdivision number changes from 2 to 6,..)
7. Section 536.25 of the zoning code of the City of Richfield is amended to read
as follows:
536.25 Maior amendments to Final Development Plan and
Conditional Use Permit 3mcndmcnts for a Planned Unit
Development.
Subdivision 1: Proposed Major amendments to be reviewed by Planninq
Commission and City Council.
Any major amendment to a final development plan and conditional use permit shall
be considered by the Planning Commission at a public hearing. The
recommendation of the Planninq Commission shall be considered by the City
Council. Any major amendment shall require a two thirds maiority vote of the
Council. The Council may hold such hearings on a proposal to amend a final
development plan and conditional use permit as it may consider necessary; but at
least one public hearing shall be held. The Council may consider all factors
considered in connection with rezoning the PUD district and issuing the conditional
use permit therefor, as well as any other factors relevant to the public health,
safety, comfort, aesthetics, economic viability, or general welfare and to the
protection of property or improvements in the neighborhood.
Subdivision 2. Determining if Underlyinq PUD District Must Be Rezoned.
Proposed amendments to a final development plan and conditional use permit
which would substantially change the use of the proposed development from one
zoning classification to another will require that the parcel in question be rezoned
to the appropriate PUD district. Votinq requirements for rezonings shall comply
with section 546.07. Subdivision 4.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of
October, 2002. -,~> l.s . n
/?j012Ji(w,.~~Y1
Martin J. Kirsch:Mayor
ATTEST:
~~.~~
Nancy Gibb;&ity Clerk
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STATE OF MINNESOTA!
\
I
COUNTY OF HENNEPIN)
Richard Hendrickson, bei~~ duly
newspapers
AFFIDAVIT OF PUBLICATION
ss.
sworn on an oath states or affirms, that he is the Chief
Sun-Current
, and has full
Financial Officer of the newspaper known as
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. S331 A.02, S331 A.O?, and other applicable
laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Thursday, the --1L day of
October
, 2002, and was thereafter printed and published on every Thursday to and
including Thursday, the _ day of
, 2002; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
I size and kind of type used in the composition an~pbliC"aliOn of tfi
__ abcdefghijklmnopqrstuvwxyz
tr:-
Subscribed and sworn to or affirmedlbefore me
an this ~ day of n Lt 2002.
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MERIDEL M. HED8LOM I
Nor,t,RY PUBLIC.MINNEsor,t,
MY COMMISSION EXPIRES 1.31.2005
.
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
l (3) Rate ad"ally cha'ged
$
1.40 per line
I City of Richfield
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(Official Publication)
BILL NO. 2002-22
AMENDMENT TO RICHFIELD CITY ZONING CODE
SECTIONS 536.01 Subdivisions 4 and 6; SECTION 536.11 Subdivision 1;
SECTION 536.17 Subdivision 4 (c); 536.19 Subdivision 1;
536.21 Subdivisions 1, 2, 3, 4, and 5; and 536.25 Subdivisions 1 and 2.
THE CITY OF RICHFIELD DOES ORDAIN:
1. Section 536.01 Subdivision 4 of the zoning code ofthe City of Richfield is deleted as follows:
gyluli isisR 1. DeHHiti8HI e1iriHsl tlishiet AS MEJEHJ in this geetiflH, the telll "aligj] al tii8tIiot" nU8.F16 tfJE. ~fmiH.g
aistIiet fUUH ~ieE lalla is tlI8flBaea t11 ~e ISfl8H8a te a PUFJ:
2. Section 536.01 Subdivision 6 of the zoning code of the City of Richfield is deleted as follows:
8ttlHIi iBi8R ~;Ih~BRFtH[8 fI8Rl8f"i~iH81 Elishiet le~HI8.ti8ftB TEE 8.titlUE B81 if g I Eg IlutisFl8 I'll rJ IEI1~iltJmel is ~e.g.
MBc, B li1rJiRg eet Baelt, f1eigl t) lxlieh aflPl~ tB t1 e BFih"4RUl rJistriet sRBMla Be eBR~irJ.eles li~ gl1iaelifleM liRa IRn~ 8e sepalt
ea fl8fR if tHe 8flflfB 8.1 BfL1R:, pTrn ts flE'E!8IRfllig~ tHe IHIIflB808 aeaeri88S if ~~Bd. 11 flfthid EMBtJeetisl.
3. Section 536.11 of the zoning code of the City of Richfield is amended to read as follows:
536.11. Pun districts: sruidimr districts aRt! all. aj,l@ ...@.. Subdivision 1.
The following table denotes the six types ofPUD districts, the abbreviations for such PUD districts, and the .11. ahle ure"
.. ithiR cael PUD €listriet. ruidine- districts which corresoond to each pun district The various zoninf! ref!Ulations and
requirements (e.". use buildin" setback hei"htl which aDDlv to the !!Uidin" district should be considered as ruidelines
when reviewin" DroDosed PUD districts and mav be deDarted from in the aDDroval of anv PUD to accomDlish the Dumosed
described in Subd. 5 of this Subsection. Furthermore the "uidin" districts should be considered as !!Uidelines when re-
viewinf! nrooosed uses in pun districts once thev are estabIished/aDoroved
Pun DISTRICTS
ABBREVIATION
GUIDING DISTRICTS
. bb on" RLE L'SES
Planned Residential
Planned Two-Family Residential
Planned Multi-Family Reside'ltial
Planned Neighborhood Commercial
.Planned General Commercial
Planned Industrial
PR
PMR-l
PMR
PC-l
PC.2
PI
R& R-l
MR-I
MR-l. JIIR-2, & MR-3
C-l
C.2 & C-3
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4.536.17 Subdivision 4 (c) of the zoning code of the City of Richfield is amended to read as follows:
536.17 Review of PUD application.
Subdivision 4 (c) the development is"in substantial conformity with the purpose and intent of the ~ gyjiling dis-
trict, and departures from the ~ gyiiling district regulations are justified by the design of the development.
5. 536.19 Subdivision 1 of the zoning code of the City of Richfield is amended to read as follows:
536.19 Final Development Plan and ~onditional Use Permit.
Subdivision 1. Upon approval of the PUD application and rezoning. but prior w the commencement of any construction I
or development of land, an applicant shall submit a fmal development plan, wgether with an application for a condition-
al use permit for the 'development shown in the final development plan. which is consistent with the PUD application. +I..- '
sting Bf1MiI8Il8FltS ftlr U}'!~lI_ nl ftflf' Fil d Q-L l"IJ}'!1l t:I t Plal .1 I r- I dili n de Pumit liE tlH"t I ( R~ th.88t: iLt
f81 tl1 Elt gMl.wsctiBR IT 1€.9...., f~biJi i. i I 1. Finaldevelooment olans and conditional use nermits ,viII he nrocessed accordine:
to the Droced ures established in 546.05 subdivisions 4 and 5. .
6. Section 536.21 of the zoning code of the City of Richfield is amended w read as follows:
536.21 Compliance with the PUD plan and final development plan.
Subdivision 1. Changes. The development of a PUD district shall be in substantial compliance with the approved PUD
plan, final development plan, and conditional use permit. Cor pliElFlfl 'M In I 8t I1l JI. id. I 1 IIl.-! 1I tinl iftl LI e i~:
ijJ 1 81~ tll f] tHen fJEHIJIJFlt eha.fJge in Reol lilBfiil aR~ t1Rl:: Ii'Jtll ehIH',
8) IMBIE tkaM. n trn f1E;leeRt el 81 go iFl tl t: ap1318 EB I~H!f1alflti8M I1fl1lildil 6" ,
8)afl.~ ellRgeintl<18BliginaIA.}'1I'Hfl Ba0ctBadmfuw: fll8flglt~ liHt,>~; . .
8) R Big UHR M e pelHI teRaflgE iR tl B g:Ulll El an:n lJ0 neal:,. tflC' B 1I1~1I g, Of
8) E1R~ ell liFlgB iN tle IKtie Bf sf:[ 8tl Ell'lL ptuhil is II B 10Rsiflg BInee t8 1:;1 J - RJ I -Il eA.
. Subdivision 2. Minor Amendments to a P~JD Dlan and FDP/CUP defined
Minor amendments to a Final Develonment Plan and Conditional Use Permit are:
. SiQ'llarre chanf!es
. Landscaoe chanrres
. Parkin[!" lot confirruration changes (not chanl!e in number of~
. Less than a ten oercent change in floor area in any one stru~
. Less than a ten nercent chanf!e in the aODroved seoaration of buildi~{!S
. Le~s than five nercent change in the QTound area covered b'l the nrOlect
I . Le~s than a five Dercent chan"e in the number of residential units
I. . Less than a five oercent change in the numb;r ofnarkmrr Sl~
Subdivision 3. MaioI' Amendments to a PUD nlan and FDP/CUP defined.
. More than a ten oercent change in floor area in any one ~tr:Jctur~ .
. :Mor; than a ten nercent chanl!e in the aonroved senaratlOn o~bUlldm!!s
. Anv chanl!e in the oricinal anoroved setbacks from oronertv lines' .
. More than five oercent chanl!e in the f!Tound area covered bv the nrOlect
. Anv chanl!e in the ratio of ofT-street oarkinf! and load in!! snace to I!l'OSS floor area.
Subdivision 4: Prooosed Minor amendments to be reviewed administratively.
Pro 0 min I' am ndm nt s ifi in u ivi i n 2 v P DIn n DP h II r vi w n
~io~u[) th~Di rtH omID ni yD v.L~m n D i i n fth 'r r.r mID v ,~n,ma
~Jhe Citv Cd~~~il. Th';; Dire~~~~ ~f c~mmuni;'~ Dev",;lo:men; mav determme that a nrollOsed mInor amend~ent to a
t'uD nIan::in FDP/CUP is in f: \.. a'm ior' am, dme!1t n~ In v r.efer such Drooos~d a.mendments to the PI~nlnf! Com.
missi~n an~ Council';;,~dordin" t;; ~he D1:;'~~dure ;~tabiish;;;j III ~-ectiOn 5~6 25 AoohcatiOn fees to reouest a mlllor amend-
m~nt t,; ~ PUD nlan and FDP/CUP are established III Aooendlx D of this code
Subdivision 5' Pro DOsed Maior amendments to be reviewed bv the Council
ProDOsed maioI' amendments to aPlffi Dlan and FDP/CUP are to be reviewed bv the Plannin" Commission and Citv Coun-
cil as sDecified in Section 536.25
Subdivision 6: Buildin~ Permits (no changes to this section other than the subdivision number changes from 2 to 6...)
7. Section 536.25 of the zoning code of the City of Richfield is amended to read as follows:
536.25 Maior amendments to Final Develonment Plan and Conditional Use Permit ftJlUlRtlmfllRts for a Planned j
Unit Develoument. '
Subdivision l' ProDOsed Maior amendments to be reviewed bv Plannin" Commission and Citv Council j
Any IIllIillI: amendment to a final development plan and conditio:,al use perm!t shall be consid.ered bv the Plannin" Co~- i
mission at a oublic hearinl! The recommendation o~ th,e Planmnl! Commls~lOn shall be c?nsldered bv the CltV. CouncIl. i
Any maior amendment shall require a ~ IIll\iQD1Y vote of the Councll. The CounCil may hold such heanngs on a
proposal to amend a fmal development plan and conditional use pe~it as it.may consi~er n'."'essary; but at least on~ p~1>-
lic hearing shall be held. The Council may consider all facters conSidered m connectiOn With rezonmg the Pun district
and issuing the conditional use permit therefor, as well as any other factors relevant 0 the pubhc health, saf~ty, comfort,
aesthetics, economic viability, or general welfare and to the protection of property or improvements ill the neighborhood.
Subdivision 2 . Determinin" ifUnderlvin" Pun District Must Be Rezoned
Pronosed amendments to a final develoDment Dlan and ?ondition~l use ~rmit ,,:,hich would subst3?tiallv ~han1!e the use
of th; ~ro~serl develoDment from one zonin". classificatiOn; to ~n;;th-';r Will rCOUire ~hat the narcel m ouestI?n. ~ rezoned
!Q !h.!l J!!lID:!1!,riatg PlID gistrict Villi!Jg rg!!llirf!!!g!l!'~ fQr _ ezonml!S shall comDlv With section 546 07 SubdiVlsion 4.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of October, 2002.
Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk