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10-09-07 Agenda~_ CITY OF RICHFIELD, MINNESOTA TUESDAY, OCTOBER 9,:2007 SPECIAL CITY COUNCIL MEETING CITY HALL HEREDIA ROOM 6700 PORTLAND AVENUE 5:30 P.M. AGENDA - Call to order - 1. Interviews of youth interested in serving on` certain City .advisory commissions (Council Memo No. 185) .Adjournment SPECIAL.CITY COUNCIL WOI~KSESSION COUNCIL CHAMBERS .6700 PORTLAND AVENUE 6.15 P.M. AGENDA Call to order .Roll call 6:15 - 6:50 p.m. 1. Discussion regarding parking/storage of commercial vehicles in residential .neighborhoods (Council Memo No. 186) Notes:. Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700: PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum. (15 minutes maximum J Each peaker is to keep their comment period #o three minutes.. to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council musthave registered prior to the meeting. Notes: Pledge of Allegiance with Cub Scouts .Pack 384 (Council Memo. No. 187): Approval of minutes of (1) Special City Counci( Meeting of September 19, 2007; (2) Special City Council Worksession of September 25, 2007; (3) Regular City Council Meeting of September 25, 2007; and (4) Special City Council Worksession of September 25, 2007 PRESENTATION 1. Annual meeting with Planning Commission COUNCIL DISCUSSION - 2. Council. discussion • Hats Off To Hometown Hits Notes: AGENDA APPROVAL 3. -Council approval of agenda. CONSENT CALENDAR 4. Consent Calendar contains several separate items, which-.are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also:been approved. No further Council action is necessary., However, -any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All itemslisted on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading of ordinance adopting new Sections 507, 509, 512, 514, 518, 522,- 525, 527, 529, 532, 534, 537, 539, 542, 544 and 547 of Richfield City Code related to development and performance standards in residential, commercial, industrial and mixed-use districts; repealing Sections 506, 511,, 5.16, 521, 524, 526, 530, 531, 536, 538, 541 and .546 of Richfield City Code; and amending Subsection 1305.27 of Richfield City Code relating ta. parking in residential districts. and scheduling public hearing. and second reading for :November 13, 2007 S.R. No: 253 B. Consideration of approval of resolution authorizing amendment to preliminary. and final plat for Shops at Lyndale development S.R. No. 254 C. Consideration. of approval of resolution ::granting subdivision waiver for 7201 Nicollet _ Avenue to create two single-family lots S:R. No. 255 D. Consideration of approval of change in cellular telephone antenna configuration by ' T-Mobile at Logan Avenue water tower S.R., No.~ 256 E. Consideration of approval of appointment of Malloy, Montague, Karnowski, " Radosevich & Co., P.A.'as City's auditor for financial reporting fiscal. years 2007- 2009 S.R: No. 257 F. Consideration of approval of fiber optic connection agreement between City of Richfield, Richfield School District No. 280 and Local Government Information Systems- S.R. No. 258 Notes: 5. Consideration of items, if any, .removed from Consent Calendar Notes:.. ; • PUBLIC HEARINGS 6. Public hearing regarding resolution authorizing amendment to City Bella planned.. unit development,-final developmentplan and`conditional use permit to allow.mechanical equipment to remain in current location and continue to prohibit visitors/customers parking in underground parking garage (continued from September 11, 2007). Staff Report No. 259 Notes: 7. Public hearing-regarding resolution authorizing amendment to conditional use permit to allow property at 6745 Blaisdell, Avenue to be used as outdoor recreation,area-and granting-.approval of variance to allow. reduced setbacks for outdoor recreation facility. Staff Report No. 260 ..Notes: 8. Public hearing regarding resolution levying,assessment for Richfield Parkway and 66th Street intersection project with $850;OQ0 special .assessment to be levied against Ryan Companies and Target Corporation 9. Public hearing regarding: resolution adopting .assessment roll for weed elimination from private .property and removal or elimination of public health or safety hazards from private property Staff Report No. 262 Notes: PROPOSED ORDINANCE 10. Consideration of second reading of ordinance amendment to .Chapter 1202.05, Subdivision 3(b) increasing number of wine licenses available in City of Richfield from seven to twelve Staff Report No. 263 • Notes: RESOLUTION 11. Consideration of resolution granting site plan to allow construction -of 3,500 square foot building addition -and change in parking ratio at 7745 Lyndale Avenue Staff Report No:. 264 Notes: OTHER BUSINESS 12. Consideration of appointments to fill youth terms on certain City advisory commissions Sfiaff Report No. 265 Notes: CITY MANAGER'& REPORT 13: City Manager's report Notes: 14. Claims and payrolls Open forum.{additional 15 minutes if more. time needed after first Open Forum and by majority vote of the City Council) -Each speaker is to keep their comment period to-three minutes to allow sufficient time for others. Comments are to be an-opportunity to address the Council on items not.on the agenda. Individuals who wish to address the Council must have registered-prior to the meeting.. Notes: 15. Special City Council Closed ,Executive :Session in Executive Conference Room regarding status report on pending litigation with Metropolitan Airports Commission 16. Reconvene Regular-City Council Meeting in Council Chambers 17. Adjournment of Regular City Council: Meeting in Council Chambers Auxiliary aids-for individuals with disabilities are available upon request. Requests must be made: at least 96_hours in advance to the City Clerk at 612-861.-9738. • f • • REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW:. REVIEWED BY CITY MANAGER: d MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR. N.1A1~ Tirr.~ -ITEM FOR COUNCIL CONSIDERATION: First reading. of new ordinances related to zoning districts throughout the City and .repeal of existin ordinances: I. RECOMMENDED-ACTION: - 1) By Motion: Conduct a first reading of the attached ordinance adopting new Sections 507, 509, 512, 514, 518, 522,.: 525, 527.,. 529, 532, 534, 537, 539, _542, 544 and 547 of the Richfield City. Code related to development and performance standards: in residential, , commercial, industrial and mixed-use districts; repealing Sections 506.,.511, 516, 521, 524, 52'6, 530, 531, 536, 538,- 541' and 546; and amending Subsection 1305.27 of the City-:Code vela#ed to parking in residential districts and schedule a public hearing and second readin for November 13, 2007: II. BACKGROUND . Staff and consultant Bill Weber of McCombs. Frank: Roos Associates have been' working on revisions to the- City's Zoning Ordinance for approximately two years. The. proposed changes range from minor grammatical and organizational issues to more substantive `policy issues. There are no proposed changes #o the zoning 100907 - 1st Reading Zoning Ord district classification of any particular properties within the City. On August 27, 2007 the`Planning .Commission conducted and closed a public hearing. regarding this item and on September 24; 2007 recommended approval of the .proposed ordinance. The following is a summary of the proposed revisions. In addition to these changes, an index and page numbers have-been added to all sections. Additional organizational changes have also been made. for ease of use. Purpose and Definitions (Section 507, formerly 506) • Antiquated and/or confusing terminology has been-updated. Examples include language regarding satellite dishes and residential-care facilities as defined by State Statutes. •: The definition of family has been updated to'reflect a wider variety of family types and to ensure `that City is not in violation of Federal Fair. Housing Laws. This definition was revised:' by legal counsel and is meant to address deficiencies related to Fair Housing Laws in the current definition., Public Safety is currently:.- working on new standards that will address issues of occupancy/over- occupancy. .General Provisions (Section 509, formerly 511) • Home occupations will be limited to 25 percent of the gross floor area of the home and will not. be permitted in garages. • Advertising for home..occupations will be governed entirely by Section 416 (Sign Code) of the City Code: Revisions to this section,are underway. • Language...regarding nonconformities has been updated to reflect current State Statutes. : A section regarding non-conforming site improvements has been added: This section is .intended to address the fact-that many'sites in'Richfeld are constrained and may not be able to meet all Code requirements. This section builds in some flexibility. ° . , • `Building separation requirements have been moved to the General Provisions section. The requirement for residential accessory buildings to be located at least five (5)-feet from=other buildings on the same-lot has been removed and shall be governed instead'solely by the Building Code. _ Districts (Section 512, #ormerly 516) • `Use #ables have. been added to simplify;and offer an easy wayto compare- district permissions. • :Emergency shelters-are now Fisted as a conditional use in all districts that allow schools and churches, rather than just the R (Single-family District). • Governmental-buildings and libraries are now conditionally permitted in the. MR- 1, MR-2 and MR-3 Districts: as they`are similar to uses such as schools and churches which'currently,are conditionally permitted in these districts. < • Minor public utilities-are now classified as ,permitted accessory uses in all districts, rather than, princi-pal uses. Religious institutions are to be no longer permitted in the S0 District. The'few parcels .that are zoned SO should be reserved for small businesses. Religious , institutions are not currently allowed in he C_1 District, which is somewhat similar to SO: Residential.: Districts. (Sections 514, 518, 522, 525, & 527; formerly 521) ` • Language regarding daycare, residential care facilities and housing vv/.services has been updated to reflecf State: Statute requirements. • Garage size limitations now more clearly apply to both attached and detached- garages. Garage height shall now be measured on the side of the building with the vehicle door so as to avoid two-story garageson sloped lots. Additionally,; the height of storage areas. above detached garages has` been limited to six feet. Detached garages are limited,to one story. 'Anything.over six feet is considered "habitable space" by the Building Code; This. provision. does not constitute a policy change; rather it is :intended to avoid :`'surprises" at inspection time. • Language regarding sidewalk permits has been removed. This was an error; permits are not required for sidewalk installation. • Removed foster families from conditional use sections. Foster families are part of :our revised definition of "family" and therefore will be governed by the same occupancy.limitations as other families: Unless foster families have different ` impacts on land than other families, they should not be`called out as requiring additional `approvals. • Remove from accessory uses section accessory buildings/uses'#hat would be accessory to a conditional use. If a use is a conditional use, a site plan must be .approved-.and .accessory. buildings would be approved as part of that process. • Removed`"`private non-commercial recreational facilities as a principal use" from the conditional use section..- It is unclear what. type of use would fall into this category. • Antiquated antenna language has been,: upda#ed° and largely moved to the Performance Standards.Section. Telecommunication tower information has been added. • Setbacks for accessoru buildings under 120-sguare:feet will remain 3-feet. Staff - had previously proposed that this-setback be reducetl to zero-feet, `as building: permits are not required forahese structures. The Council would like to retain a three-foot setback requirement to allow for owner-maintenance. • fmpervious surface limitations have been added to the single- and two-family disfricts. This issue was addressed at the request of the Council. Commercial 8~ Industrial Districts'(Sections 529, 532, 534, and 539; formerly 524, 526 and;531) • Parking lot standards have been added to each district.'These standards were previously only available on a handout: • Site:plan review requirements have been added.. This is intended to replace the :off-street parking permit:. • Many setbacks have been reduced vvhen uses are. not adjacent to single-family residential.. • Solely residential uses have. been removed from the C-1 (Neighborhood • Commercial) and C-2 (General Commercial},Districts. • Accessory buildingsto be a lowed in the C-2 District. • Removed clause prohibiting construction of accessory-building prior`to principal buildin .This has been retained.for: residential parcels; however, staff believes thaf it is unnecessary in commercial districts. • Used car sales to be allowed only"in conjunction with new car ales: • Distance: prohibitions. for same uses -.have remained, others have been removed. The G.ouncil found that the prohibition against gas stations and repair shops within 30.0-feet of schools,. churches and hospitals was`appropriate: The existing distance prohibitions for firearm-related and tattoo establishments were also - thought to be appropriate. The prohibition against pawnshops vvithin 1,000 feet of schools, churches,-daycare, libraries, and :government buildings has been removed. The dissenting vote on the;Plannng Commission was related to the- continued prohibition against attoo establishments within 350-feet of establishments selling alcohol, 1:.00-feet from the right-of: way of entry streets to the City and within. 1,000-feet of-other tattoo`establishments. • C-3 District has been removed. • Transitional Activity Permits removed:.. The regulations for non-conformities make these unnecessary.::. Mixed-use Districts (Section 537, formerly b30) - • THe changes to the mixed-use sections are. organizational only. Planned Unit Developments (Secfion 542, formerly 536) • Addsd review procedures section to more clearly call `out the-steps involved in • ~ the PUD process. • Added section regarding expiration of Council approval This is intended to serve as-a protection against unforeseen changes in the future thaf could occur - - _should the project take many years to begin. ' The process for minor amendments related to changes in signage,has been modified.` Only increases in signage will require an amendment to the PUD; - rather than all changes. All signs require a City Sign .Permit. • Modifications to the major amendment section include he addition of approval for decreases in the approved open-space, modifications that will change`the number of parking spaces by more than five percent, and the introduction of new usesthat were not included in the Final Development Plan. General Building-.and Performance Standards (Section 544, formerly 541) • Many regulations that are currently only available on handouts'have;been` `` incorporated directly into the code. • Security deposit requirements have been enhanced to improve compliance with and completion of approved plans. • Tree protection standards have been added. These -have been used in specific. development negotiations in the past, but vvill now be standard. • Buffer-ward requirements-have been enhanced by including specific measurements:. • Refuse collection is to be incorporated...into the interior of buildings whenever possible. • Building design has been incorporated through architectural standards, building.- orientation and compatibility requirements. These: are similar to the standards: that were adopted for the mixed-use=districts. • Enhanced li htin requirements,`.added: - Modest single- and two-family-:landscaping requirements have. been added. S These standard's would apply to new construction only. • Language regarding Telecommunication towers and antennas-has been. compiled here, rather than being listed in each individual district: This language has been updated to reflect current technology. • Parking requirements-have been slightly rnodified'in some instances: These. changes are based on past practice; comparison with other cities, and American Planning Association (APA) research: • Parking maximums-have been added. An applicant may request a modification . . bysubmitting a study of parking demand. • In some.instances ofE: street parking could~be reduced if on-street parking is . , available adjacent to the development, :meets a number of additional criteria relating to building orientation and site ayouf, and is specifically approved by the .City Council. The Council wouldbe required to find that such parking would not be detrimental to the surrounding neighborhood. • .,Additional standards for pedestrian and bicycle needs and design have. also been added. Administration (Section 547, formerly :546) • A significant amount of information that:was, previously only available on handouts has been inserted. directly into the code. , • The erm off-street garkinq permit has been replaced by site -plan review, which is more reflective of the actual process.,:- • Initiation of a zoning amend-menu no longer requires a petition: from the owners of at least 50 percent of the land within 300-feet: of the proposal. The public ' hearing process. ,provides for public comment:, Public hearings, regarding zoning issues. shall be held before-the Planning Commission only, rather than before both the Commission and the Council This -does not preclude the Council from taking whatever testimony they see fit when an item is before them for consideration. • Completion performance bonds (or other forms of security). have been added as a-way to ensure compliance with site improvements once a temporary Certificate of Occupancy has been issued. ' • Interim use permits have been added, and are intended,as a means by which to; authorize a use for a limited period of time. Parking and Traffic: General Rules` (Section 1305 of the City Code) - :Vehicle parking and storage limitations` have `been added. The-number of vehicles that may be parked on a driveway or approved... parking area of a residential property in the single and two-family districts shall be limited to four vehicles.. per unit. The current code prohibits. parking in designated "turnaround - areas",and~this will not change. No more than one of the vehicles parked on a driveway or approved":parking area shall be a .recreational vehicle. Vehicles temporarily parked at a residence for visitation shall not be counted and limitations. shall be temporarily suspended during snowemergencies: III. BASIS OF RECOMMENDATION A. POLICY - • ;The rules and regulations of a City's zoning code are meant to protect healfh, safety and welfare, but zoning codes also provide tools to help- - a city move;closer to its vision of the future, as presented: by the Comprehensive Plan. • While the: Zoning Code has been updated from tune to time over the years,:. the last major reworkng:was in 1999. • The existing code has a number of inaccuracies related to State Statutes and various insfancesof antiquated terminology. B. CRITICAL IsStrEs • The proposed revisions are intended to: o Clarify language and reorganize sections into a format that>is accessible to'all interested parties. o Correct inaccuracies due to changes in State Statutes.. o Address n'ew issues that have arisen. o Add and%or revise standards to help the City move toward the vision expressed by the Comprehensive Plan. • Code changes. are often presented in a format in which deletions are" struck-through and additions underlined:.The exfensive nature of these changes makes that format'impracticaL Instead, staff and the 'City,Attorney have agreed that it will be best to repeal the existing - code and adopf the new code in its entirety. , • For those interested in directly compa-ring the'current and proposed codes, a copy of the current code'is available at City Hall or online at: • fittp://www.ci.richfield.mn.us/cd/planning&zoning/zoning7zoninctmain. -htm. _ C. FnvaNClaL • N/A D. LEGAL • Notice of the November 13, 2007 public hearing will be posted in accordance with City and State regulations. • The Rlanning Commission voted to recommend approval of the proposed ordinance. • If the City Council adopts ahe recommended changes, they will take effect 30:days after.publication in the Sun Current newspaper. IV. ALTERNATIVE RECOMMENDATION~S~ • 'N/A V. ATTACHMENTS _ • Ordinance- • Proposed Zoning Code • Current zoning code_is available for review at City Hall or online at: http://www.ci. richfield. mn. us/ctl/planning&zoning/zoning/zon ingmain. htm. VL PRINCIPAL PARTIES EXPECTED AT 1VIEETING - • N/A ~ ,- ~~1-1 BILL NO. AMENDMENT TO RICHFIELD CITY CODE ADOPTION. OF NEW SECTIONS 507,09, 512, 514, 518, 522, 525, 527,.-529, 532, 534,::537, 539, 542,_544, and 547; REPEAL OF SECTIONS' 506, 511, 516, -52:1, 524, 526, 530,;531, '536,538, 541, and 546; AND' AMENDMENT TO SUBSECTION 1`305.27 OF THE CITY CODE RELATED TO PARKING IN RESIDENTIAL DISTRICTS:.: THE GITY OF RICHFIELD DOES ORDALN: Section 1 The .Richfield City Code.. is amended by adding new Sections 507; 509, 512, 514,-.518, 522, 525;:527, 529, 532, 534, 537, 539, 542, 544, -and 547 as set .forth in the attached Exhibit A: Sec. 2 Richfield City Code Sections .506,. 511, 516, 524, 526,..530, 531, 536, 538, 541; and 546 are .hereby repealed upon the effective date of this Ordinance. Sec. 3: Subsection 1305.27 of the Richfield.- City Code is amended by adding a new Subdivision 6 as follows; and by-now renumbering al(following Subdivisions accordingly. Subd. 6. Vehicle parking and storage limitations and requirements. Thee number of motor vehicles that may be parked on a driveway orapproved parking area: of a":residential property in the R, R-1 and MR-1 zoning districts shall be limited as follows: c) City-declared snow emergency:. Vehicle limitations shall be temporariiy "suspended for the duration of City-declared'snow emergencies. Sec. 4 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; Minnesotathis__ day of , 2007. Debbie Goettel, Mayor • ATTEST: Nancy Gibbs, City Clerk ; 10090T - 1St Reading Zoning Ord . SECTION 507 -ZONING; PURPOSE AND .DEFINITIONS 507.01 Title ............................:.:....:.............::. :::..::......::::...::.....:...::...:....:.........507-1 507.03 Purpose ...:.:..'.: ............ :.:.:..:..:...:.....:..:.:. .........:..:..:......::.:........:.:507-1 ..507.05 Rules of construction .: :.:...::...:.:..:: ,....:.:. .....::: ......:..: ...:..........:....507-1 507.Q7 Definitions .....,....::...... .:.: ....:....:...: ..,:............:. .::.....:.::::.... .........:507-2 507".OL Title. Sections 507 to 551 contain. the zoning code (or zoning ordinance) of the City of Richfield. In Sections 507 to 55.1, the zoning .code is referred to as "this-code": The city code of ordinances is referred to as "the city code". _ 507:03. Purpose. The purpose of the zoning code is to protect and promote the public health, safety, comfort, aesthetics, economic viability, and general welfare of the city, and specifically to achieve the following objectives: a) To assist in the implementation of the city's comprehensive. plan; b) To foster a harmonious and workable relationship among land uses; c) To promote the stability`of existing land uses which conform to the . .comprehensive-plan, and to protect them from inharmonious influences and harmful intrusions; d) To promote the city's great interest in protecting and'preserving the quality of its neighborhoods and commercial districts; as well as the , quality of urban life, by regulating uses that have adverse. impacts or negative secondary. effects on the quality' of neighborhoods, commercial districts, or the quality of urban life; e) To ensure that public and private lands ultimately are"used-for the purposes which are most appropriate and most beneficial from the standpoint of the city as a whole; f) To foster theprovision of adequate light, air, space, bulk, and density; g) To promote a safe and effective traffic" circulation system; h) To protect and enhance real property values; .and i) To safeguard and enhance the physical appearance of the city. . 507.05. Rules .of construction. In the construction of this code,-the following rules _ shall be observed and appYied, except where the,context clearly indicates`otherwise: a) The present tense shall include the past and future tenses; Richfield City Code Page 507-1- Purpose and Definitions Section 507.05 b) Words in the singular shall include the plural, and the plural shall include the singular; c) The word "shall" is mandatory, and the word "may" is permissive; d) The phrase "used for" shall include the phrases "designed for," "intended for," "improved for," "maintained for," "offered for," and "occupied for"; e) The phrase "residential parcel" shall mean any residentially .zoned or used property, including planned unit development districts which contain residential dwelling units; and f) If a conflict arises between the graphic illustrations presented in this code and the text of this code, the text-shall prevail. 507.07. Definitions. Subdivision l . For the purpose of this code, the following words and terms shall have the meanings stated: Subd. 2. "Abutting" - Having a common border with, or being separated from such common border by an alley. Subd. 3. "Alley" - A public or private way permanently reserved as a secondary means of access to abutting property. Subd. 4. "Antenna" -Any exterior apparatus designed for telephonic, radio, data., Internet or other communications through the sending and/or receiving of radio frequency signals including, but not limited to, equipment attached to a support structure, pole, light standard, building or other structure for the purpose of providing personal wireless services and its attendant base station. For. purposes of this Section, "antenna" does not include "dish antenna". Subd. 5. "Apartment" - Aself-contained dwelling unit with access via an internal hallway situated with similar units in a larger building that is not a condominium. Subd. 6. "Arterial street" -The following are classified as arterial streets in Richfield: State Highway 62; I-35W; I-494; Minnesota Trunk Highway 77; 66th Street; 76th Street between .Girard and Xerxes Avenues; Penn Avenue; Lyndale Avenue; Nicollet Avenue; Portland Avenue; Cedar Avenue between 66th and 77th Streets; 77th Street between I-35W and Trunk Highway 77, and Xerxes Avenue between 62nd and 66th Streets. .Subd 7. "Auto body repair shop" - A business engaged in automobile refinishing, including paint and body work. Subd. 8. "Auto detailing business" - A business engaged in automobile painting, customization and cosmetic enhancement. Richfield City Code Page 507-2 Purpose and=Definitions Section 507.07 - Subd. 9.. "Auto mechanical shop" - A business engaged in .automobile. servicing, . . maintenance; or mechanicaF repair, including both minor work and major engine .overhauling.. Subd. 10, "Bed and breakfast-inn" - An owner-occupied dwelling unit containing no _ more than two guest rooms where lodging. with or without meals is provided for compensation. Subd. 11. "Buffer" -.The use of distance; .fences; berms and/or plantings to provide visual separation of one property. from another:. (Figure 1) Fence Berm Figure 1 Subd. 12. "Building, accessory" - A subordinate structure detachedfrom but located on the samelot as the principal building,:the use of which is clearly.-associated with and incidental;to the use of the principal building.- 'Subd. 13. "Building, principal" - A building in which is conducted the primary use of the lot upon which it is situated. . Subd. 14. "Building line, front" -Aline extending out from the corner of the front of the building (the building face abutting_the front yard). to intersect the side lot line (most often forming a 90-degree angle). Side and: rear building lines are similarly defined as lines extending: out from he corner.of the ide or rear of the building. (the building face abutting the side or rear yard respectively) to intersect the front and rear or-side lot lines, respectively. Subd. 15. "Car wash" - A principal building used- for the washing of motor vehicles. Subd. 16. "Car wash, accessory" - An accessory building or accessory portion of a principalbuilding containing facilities for the washing of no more than one motor vehicle at a time; .and which is accessory to a service station or service. staton/convenience store. Subd. 17. "Carport" - A roofed automobile shelter open on at least two sides,. usually formed by extension of the roof from the side ofa building. .. Subd. 18. "Cemetery" -Land or structures'used for burial or cremation of the dead (humans. or animals), and: related accessory uses. - Subd. 19. "City" -The City of Richfield. Richfield City Code, Page 507-3 Purpose and Definitions Section 507.07 Subd. 20. "Cluster home development" - A development of three or more detached. single-family dwellings or a row, group or cluster. of attached single-family dwellings on a single parcel. (Amended, Bill No. 1996-22) Subd. 21. "Collector street" -The following are classified as collector streets in Richfield:. 69th Street between Xerxes and Penn Avenues; 65th Street between Nicollet Avenue and Rae Drive; Rae Drive between 65th and 66th Streets; 70th Street between Lyndale Avenue grid Diagonal Boulevard; 73rd Street between Lyndale Avenue and Diagonal Boulevard; Diagonal Boulevard; 76th Street between Girard and Cedar Avenues; 12th Avenue between 66th Street and I-494; and Bloomington Avenue between 62nd and 66th Streets. Subd. 22. "Community-based residential care facility" - A facility which is similar to a licensed residential care. facility, but is exempt from licensing requirements. The term includes facilities that provide supportive living in agreement with. Hennepin County, and facilities that provide training, rehabilitation, or other support services. Subd. 23. "Commercial use antenna or tower" - An antenna or tower erected for a personal wireless telecommunication -service or for any other purpose other than for the private use and enjoyment of the owner of the tower or antenna and the premises upon which it is located, including amateur radio antennas and antennas receiving television signals for personal use. Subd. 24. "Condominium" - An individually owned unit of real estate, especially an apartment, town house or office, in a building or on land that is owned in common by the owners of the units. Subd. 25. "Convenience store" - A small store near a residential area that stocks food and general goods and is open all or most of the day and night. Subd. 26. "Convenience food restaurant" - A commercial establishment that serves food in or on disposable- or edible containers in individual. servings for consumption on or off the premises. Subd. 27. "Coffee shop" - A commercial establishment that primarily sells brewed coffee on a retail basis. Subd. 28. "Council" -The City Council of the City of Richfield. .Subd. 29. "Day care" - The care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24 hour day, including but not limited to the furnishing of shelter, sustenance, supervision, education or other supportive services but not including drug or alcohol rehabilitation services. Subd. 30. "Day care, group family" - Day care that includes the children of the caregiver. Richfield City Code Page 507-4 • Purpose and Deftnitions Section 507.07 Subd. 31. "Director" -The Director of Community Development, unless specifically indicated otherwise. Subd. 32. "Dish antenna" - A parabolic. shaped antenna:(including all supporting .apparatus) which is used for transmitting`or receiving telecommunication,'television or radio signals, which is located on the exterior of,, or outside. of, any building or structure. Subd. 33. "Driveway" - An area designed to provide ingress and egress for motor vehicles from he street to a garage or other authorized off-street parking area; the -term does not include (i) anon-contiguous area exclusively sef aside or used' for the parking and storage of recreational vehicles and equipment; or (ii) ,parking lots. Subd. 34. "Dwelling" -Any building or portion thereof used exclusively for residential occupancy, including. single-family, two-family, and multi=family dwellings, but not including nursinghomes, rest homes, or hotels. Subd. 35. "Dwelling, attached" - A dwelling that'is joined to another dwelling at one or-more sides by a party wall or walls. Subd. 36. "Dwelling, detached" - A single. dwelling which is not attached to ..another Subd. 41. "Dwelling, two-family" = A residential building used for occupancy by two families. living independently of each other, where both units are situated on'the same parcel of land. Subd. 42. "Dwelling unit" -Residential accommodation including kitchen facilities, permanently installed, which. are used for living quarters by one family. _ Subd. 43. "Easement" -The right of a person, governmental agency, or public utility to use public or private. land owned.by another for a specific purpose: Richfield City Code Page 507-5 Subd. 37. "Dwelling, multi,-family" - A residential building or portion thereof used - - - for occupancy bythree or more families living independently of each other. Subd. 38. "Dwelling, single-family" - A residential building used for occupancy by -one family... Subd. 39. "Dwelling,townhouse" - A building used for occupancy by three or more families living ndependentl3~ of each other. Each dwelling unit is attached horizontally in a linear arrangement. with private front-:and rear: entrances at, ground level and has a totally exposed front and rear walLto be used for entry, light, and ventilation. Dwelling units may be;ndivdually owned and an association fee may be paid for maintenance of yard and common areas. Subd. 40. "Dwelling, twin home" - A residential building containing two dwelling units which are completely separate in every way except that they share a common: wall'(with no openings) which separate the units and act as the;.dividing lot line, - where each unit is situated on its own parcel of land. Purpose and Definitions Section 507.07 Subd. 44. "Emergency shelter" - A facility operated by anon-profit, charitable, or religious organization which provides temporary housing for one or more persons who are otherwise homeless. Subd. 45. "Family" - A person living alone or any of the following groups, provided that the members of the group live together as a single housekeeping. unit and do not exceed the maximum occupancy limits under chapter 4 of the city code: (i) An individual plus one (1) or more persons related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship, including foster children and bona fide domestic servants employed on a full-timebasis by the family in the dwelling unit; or (ii) ,Two unrelated people and any children related to either of them; or (iii) One or more. persons occupying a premises, subject to a limit of riot more than-three (3) unrelated persons eighteen (18) years of age or older. The definition of family is established for the purpose of preserving the character of residential neighborhoods by controlling population density, noise, disturbance and traffic congestion and shall not be applied so as to prevent the city from making reasonable accommodation where the city determines it necessary under applicable federal fair housing laws. Subd. 46. "Firearms-Related Uses" -uses operated by a private person or entity that involve the. discharge of a firearm, including but not limited to shooting galleries, firing ranges, and fire-arms safety training centers. (Added, Bill No. 2004-5) Subd. 47. "Floor area, gross" -The sum total of the gross horizontal area of the .several floors of a building or buildings, as measured from the exterior faces of exterior walls or from. the centerline of party walls separating two buildings.. Gross floor area (GFA) shall include halls, lobbies, elevator shafts and stairways at each floor, enclosed porches, enclosed balconies and enclosed mezzanines, below grade floor areas used for habitation, and floor space used for mechanical equipment where the structural headroom exceeds seven and one-hal'f feet, except equipment, open or enclosed located on the roof, i.e., bulkheads, water tanks, and cooling towers. Gross floor area does not include open terraces, open patios, open atriums, open balconies, carports, private garages, parking structures, breeze-ways, tool sheds, special purpose areas for common use of occupants such as recreation rooms, social halls, staff space for therapy or examination in in- care housing, basement space used only for storage purposes, and attics not used for human habitation. (Figure 2) Richfield City Code ~. I 40 X 50 = 2_i x 3 stories = 6,000 sq. ft. ~A G.FA: a 60' stories ~' p0~ ~0 - ~~0~~ ao ° Figure 2 Page 507-6 Aurpose and Definitions Section 507.07 Subd:. 48. "Floor area ratio (FAR)" -The gross floor area of all!buildings on a lot • divided by the lot area. (Figure 3) Subd. 49. "Garage"-An ~ ------~ -------I. accessory building or accessory ~, lOt Ilse- _ ~ portion of the principal building ~ ` ~ .for the private'use of the owner or I ; I ~. occupant of the, principal building, ' ' fi 40' ~ rimaril for the stora a of motor.: I fi ory P Y g ~ g s~ . ~ vehicles, with no facilities for I,,: 50 bu\~a~t\g , mechanical service or repair of a ' - - eommercial or public nature. The I ' ~ I garage shall have a concrete floor ~ ~ f and an_ access door of sufficient ~ 12,000 Sq. Ft.' Lot size to accommodate a motor I . - I - vehicle. , _ - (Amended, Bill'No. 1999-3) Gross floor area [6,000] _ FAR [.5] Lot area 1 p Subd. 50. "Gazebo" - A detached accessory-building that is used for. Figure 3'. -the social or recreational shelter of people and is not used as ,living. quarters.. Subd: 51. "Group. housing development" - A development located on a single. lot that'consists of two or-more buildings, each of which contains three or more • dwelling units. Subd. 52. "Greenhouse" - A glass.or transparent plastic structure, often on ametal or , wooden frame, in which plants thatneed heat, light, and protection from the elements are grown. Subd. 53. "Height of :GABLE building" -The vertical ~ HIP distance to thehighest FLAT MANSARD GAMBREL point of the roof for flat ridge --- roofs; to the deck line for deck fine mansard roofs; and to the eave scoryl Height Height Height average height between eaves and the ridge for. basement gable;: hip and gambrel - roofs as measured from Figure 4 the average elevation of the lot. adjoining the front building line: (Figure 4) Subd. 54. "Hotel or Motel" - A facility. containing six or more guest rooms-where.. lodging is offered for compensationand which may provide supportive services such as restaurants, meeting rooms, and recreationaTfacilities. • .Richfield City Code Page 507-7 Purpose and Definitions Section 507.07 Subd. 55. "Home .occupation" -Any gainful occupation or profession compensated in monetary payment or in kind, engaged in within a dwelling unit on the premises by an occupant of the dwelling unit as a use that is clearly incidental to the principal use of the dwelling unit for residential purposes that does not change the residential character of the lot, the structures thereon or affect the character of the neighborhood: Subd. 56. "Housing with services establishment" - An establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and providing for a fee one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment. This does not include. a nursing home licensed under M.S: Chapter 144A; a hospital, certified boarding care home, or supervised living facility licensed- under M.S. Chapter 144.50 to 144.56; a board and lodging establishment licensed under M.S. 157; a family adult foster care home licensed by the Department of Human Services; private homes in which the residents are related by kinship, law, or affinity with the providers of services; residential settings for persons with mental retardation or related conditions in which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140; ahome-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent; or services for persons with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525.2000 to 9525.2140. Subd. 57. "Impervious surface" - A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and, other similar structures. (Figure 5) Subd. 58. "Junk yard" -Land or building where waste material, or inoperative vehicles or other machine are collected IMPERVIOUS SURFACE. • ~' ~ . , , PERVIOUS SURFACE D' , stored, salvaged, dismantled, wrecked, or Figure 5 sold, other than the storage of materials which is incidental to a business or industrial use on the same-lot if approved by the city. Subd. 59. "Landscaping" -Decorative or protective vegetation planted by humans- according to a design, including site grading and retaining walls. Richfield City Code Page 507-8 Purpose and Definitions Section 507.07 Subd. 60. "Light manufacturing" -,A use engaged in the manufacturing of finished . products or parts, predominantly from previously prepared materials. Subd. 61. "Live -work units" - A; personal residence that is specif cally designed -and located to allow accessory business use by the occupants of the'residence. This may include office and service uses andretail sales ofproducts produced on-site (art; crafts, etc.). Subd. 62. "Lot area" -The total horizontal area: bounded: by the front, side, and rear lot lines.:With respect fo planned unit developments only, lot area includes the site -plus one-half of the area of abutting streetsand alleys. Subd. 63. "Lot, corner" - A lot abutting ..and at the intersection of two or more streets: (Figure 5) Subd. 64. "Lot coverage" -The total ground area covered by buildings: on alot, excluding uncovered swimming pools, uncovered porches, or uncovered ground, - level landings. Subd. 65. "Lot depth" -The average horizontal distance between the front and a T ~ Td c.5 ~ °- o ~ c .~ ~. ~ d o E U _ ~ V rear. lot lines. (Figure 7) Figure 6 • Subd. 66. "Lot, interior" - A lot other thana corner lot. ;(Figure 6) Subd. 67. "Lot, .key" -The first lotto the rear of a corner lot, the. front lotline of which is substantially a continuation of the street side lot line of the corner lot, regardless of the presence of any alley or easement. (Figure 6)' Subd. 68. "Lot, through" - An interior lot abutting on two or more streets. (Figure 6). Subd: 69. `"Lot line" - A-line whichdivides one lot. from another or from a street or alley. Subd. 70: "Lot line, front" - On an interior lot; the lot line abutting a treet; or, on a corner lot, the shorter lot line abutting a street (or as otherwise designated by the . Building Official); or, on a through lot, the lot lines abutting,the streets. (Figure 7) Purpose and Definitions .Section 507.07 Subd. 71. "Lot line, rear" -The lot line which is most distant from and parallel, or approximately parallel to the front lot line. Where the rear lot line is less than ten feet in length, or where the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet long lying within the lot, connecting the side lot lines and parallel or approximately parallel to the front lot line. (Figure 7) Subd. 72. "Lot line, side" -Any lot line that is not a front or rear lot line. An "interior" side lot line is aside lot line which abuts another lot or an alley. A street or corner side lot line is aside lot line that: abuts a public street. (Figure 7) Rear Lot Line ,._._._._.~ ._._._.._i Lot Depth '~ gide Lot Lines i i ; Lot Width Front _ ~-Lot Line (homage) ._!._. ._._ i. _._ Street Right-of-Way Figure 7 Subd. 73. "Lot of record" - A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat. Subd. 74. "Lot width" -The horizontal distance between the two side lot lines, as measured at the front lot line. tFigure 7) Subd. 75. "Manufactured home" - A dwelling structure that is transportable in one or more sections and is built on a permanent chassis. Subd. 76. "Motel" - (See Hotel or Motel) Subd. 77. "Nonconforming building" -Any building that does not meet the requirements on building size, height, or location on a lot for the district in which such building is located, but which complied with applicable requirements at the time it was established. Subd. 78. "Nonconforming use" - A use of land that does not comply with the use regulations for its district, but which complied with the use regulations at the time the use was established. Subd. 79. "Office" - A place of employment providing professional, administrative, educational, business or governmental services other than production, distribution, sale or repair. of goods or commodities. Subd. 80. "Open space, Outdoor" -Lawns and other natural areas and open courtyards. Open space does not include driveways, parking areas or sidewalks. Subd. 81. "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, pocket parks and outdoor Richfield City Code Page 507-10 Purpose and Definitions Section 507.07 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. Subd. 82. "Overlay or design district" = An additional. layer of zoning requirements that=are placed on a geographic area but-that do not change the underlying district. Subd. 83. "Parking -lot (area)" - An authorized area not within a building where . .motor vehicles are stored for the purpose of temporary, daily, or overnight off-street parking. ,- - Subd. 84. "Parking structure" - A structure or portion thereof composed of ore or: more levels orfloors used exclusively for the parking or storage of motor vehicles. A parking structure maybe totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. Subd.. 85. "Pawn business" - A commercial enterprise that loans money on the security of personal property, which may be sold to repay the loan. Subd. 86. "Personal: wireless telecommunication service" - Licensed commercial wireless services including cellular; personal communication. services (PCS), specialized mobile radio (S]VIR), enhanced mobilized radio (ESMR); paging, and similar service§ that are marketed to the general public. • Subd. 87. "Pocket park" - A small park most often serving the'immedate surrounding area. Subd. 88. "Porches" - A sheltered entryway attached to a building and projecting from its main mass; may be: open-sided or partially enclosed. '{Added,. Bill No. 1998-12) Subd. 89. "Public utility" -Persons, corporation, or governments supplying-gas, electric, transportation, water, sewer, or telecommunication service to the general ..public. Personal wireless telecommunication service facilities-shall not be considered as public utilities. Subd. 90. "Public utilities, major" -Public utility buildings: with more than 500 square feet of gross floor area; electric sub-stations; or high voltage. transmission lines. Subd. 91. "Public utilities; .minor" =Public utility buildings with 500 square feet or ess of gross floor area; transformer boxes or similar utility features; or low voltage transmission lines. Subd. 92. "Residential care facility, licensed" = Any group home, family foster home or other publicly supported out-of-home residential facility. Any place, building: or instittition offering some element of congregate c. are or service in which • an individual lives or dwells on a regular basis and at least uses for sleeping; for Richfield City Code Page 507-11 Purpose and Definitions Section 507.07 maintaining personal clothing, papers, and other personal possessions; and as the designated mailing address. This does not include a nursing home licensed under M.S. Chapter 144A; a hospital, certified boarding care home, or supervised living facility licensed under M.S. Chapter 144.50 to 144.56; a board and lodging establishment licensed under M.S. 157; a family adult foster care home licensed by the Department of Human Services; private homes in which the residents are related by .kinship, law, or affinity with the providers of services; residential settings for. persons with mental retardation or related conditions in which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140; ahome-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent; or services for persons. with developmental disabilities that are provided under a license according to Minnesota Rules, parts 9525.2000 to 9525.2140._ Subd. 93. "Restaurant -Class I" -Full Service Restaurant: restaurants where food and intoxicating beverages are served and consumed by customers while seated at a counter or table, and which may provide entertainment, either live or prerecorded. Subd. 94. "Restaurant -Class II" -Traditional Restaurant: restaurants where food and non-intoxicating beverages are served and consumed while seated at a counter or table; Cafeteria Restaurant:. restaurants where food and non-intoxicating beverages are selected by customers while passing through a service line and taken to a table for consumption. Subd. 95. "Restaurant -Class III" -Fast Food or Convenience Restaurant: restaurants where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter to be consumed; Drive-in Restaurant: restaurants where most customers consume their food on-site in a motor vehicle regardless of how it is served. Subd. 96. "Restaurant.- Class IV" -Take Out Only Restaurant: Establishments where food is usually ordered by telephone and prepared on the premises for consumption off the premises, with no seating or other area provided on the premises for consumption. The establishment may deliver food to the customer, or the customer may pick food up. Subd. 97. "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, eta Richfield City Code Page 507-12 Purpose and Definitions Section 507.07 _Subd. 98. "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 ize, is typically small, less than 1.U,000 square feet;of contiguous space. Neighborhood services `include convenience stores; coffee shops; cafes/restaurants, barber shops, salons, etc.: . Subd. 99. "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.commercialretad services include.retail uses typically with greater than 50,000. square feet of combined retail square footage .either intone 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, eta Subd. 100. "Retail business" - A commercial enterprise that sells good from an ordinary store or at the. regular customer~prce and'in small amounts rather than in ..: . .bulk. Subd. 101. "Satellite dish antenna" - A parabolic. antenna thatxeceives signals from. . satellite transmitters, usually on a commercial basis. • Subd. 102. "Screening" - Obscuring a view in whole or part. . 'Subd. 103. "Service business" - A commercial enterprise such as banking, dry • cleanngor insurance. that does something useful for people:but does-not manufacture any goods. . Subd. 104. "Service.station" - A business where gasoline and other petroleum products are sold on a retail basis as the principal-:use of the property.... Light. maintenance activities such as engine tune-ups, lubrication, and minor repairs may also: be provided if incidental to such principal use. Service stations, do not. include premises where retail sales space exceeds 25 percent of he total building area or 500 square feet of grossfloor area, whichever is less: Service stations do not include premises where automobile painting-and body work are conducted. Subd. 105. "Service. station/convenience store" - An establishment where.. gasoline and other petroleum products-are sold, and where the retail sales space exceeds 25 " percent of the total building area or 500 square feet of gross floor area. Service " . station convenience stores do not include premises. where automobile painting and ` body work are conducted. Subd: 106. "Setback" -The minimum horizontal. distance required between `a ' building; structure,.parking lot or other site improvement and the related front, side or rear lot lines. • - Richfield City Code Page 507-13 and Definitions Section 507.07 Subd. 107. "Shopping center" - A group of retail or service businesses on a single site with shared parking. Subd. 108. "Sign" - A display used to announce, declare, advertise and attract the attention of the public. The term includes the sign face, sign structure and footings. Subd. 109. "Single housekeeping unit" - A group of persons maintaining a common household, sharing kitchen facilities, utilities and other household related expenses. In determining whether a group of persons maintains a common household, the following criteria must be' used: (i) .The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers is not a single housekeeping unit. (ii) Other factors reasonably related to whether a group of persons is the functional equivalent of a family, including, but not limited to: (a) presence of minor children regularly residing in the household; (b) proof of sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage 'and consumption of food; (c) whether members of the household fiave the same address for purposes of voter registration, drivers' licenses, `motor vehicle registrations, summer or other residences and the filing of tax returns; (d) common ownership of furniture and appliances among the members of the group; (e) proof that the group has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units. Subd. 110. "Site" - A lot or group of adjacent lots intended, designated or approved. to function as an integrated unit, that is proposed for development in accord with the provisions of this code and is in a single ownership or has multiple owners. Subd. 111. "Stall depth" -The depth of a parking stall as measured perpendicular to the aisle. Subd. 112. "Stall length" - A longitudinal dimension of a parking stall. Subd. 113. "Stall width" -The width of a parking stall as measured perpendicular to the vehicle. Subd. 114. "Story" -That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling above it. Subd.-115. "Story, half' -That portion of a building under a gable, hip or gambrel roof the wall plates: of'which, on at least two opposite exterior walls,. are not more than two feet above the floor of such story. Subd. 116. "Street level active use building frontage" -The space of a building that fronts a primarystreet and contains a use that.provides fora 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 Richfield City Code Page 507-14 Purpose and Definitions Section 507.07 ::shops, libraries; post offices, common space or lobbies;: and conference rooms or party rooms of office or high-density residential developments. Subd. 1.17. "Structure" -Anything erected; the use of which. requires more or less permanent location on-the ground or attachment to something having permanent location on the .ground. Subd. 118. "Structural alteration" -Any change; other.than,incidental repairs, in the supporting members of a building such as bearing walls; columns; beams, girders, or foundation. Subd. 119. "Telecommunications tower" -.The base structure supporting an antenna that sends or receives electronic communication, signals. Subd. 120. "Theater" - A building or room for showingsmotion pictures or performing. plays. _ Subd. 121. "Tower" -Any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, ,including supporting lines, cables, wires, .braces, and masts; intended primarily for the purpose of mounting an antenna;. meteorological device; or similar apparatus .above grade. - Subd. 122. "Transitional activity" --The extension or expansion of a nonconforming. industrial land use in the C-2 zoning district. Subd. 123. "Use, accessory" - A use associated with, incidental to, and on the same lot as, a principal use. Subd. 124. "Use; conditional" - Aland use that is not normally allowed in a particular zoning district but which may be allowed by"the City Council under: certain. conditions. -Subd. 125... "Use, permitted" - A principal use which may be lawfully, established in a particular district, provided it conforms with all the requirements, regulations and . performance standards of such district. Subd. 126. "Use; interim" = A use that: is .presently acceptable but that; with .anticipated development, will not be acceptable mthe future. Subd. 127. "Use, principal" -The primarypurpose for which. land orpremises or a building thereon is designed; arranged'or intended or for which it is or maybe occupied: or maintained. Subd. 128. "Use; .prohibited" - A use, which shall not be established or conducted within a particular district: Subd. 129. "Variance" - A relaxation from certain dimensional requirements of this _ ,:.code.: • Richfield. City Code 'Page 507-15 Purpose and Definitions Section 507.07 Subd. 130. "Wetland" - An area that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. A wetland is defined by presence of (a) hydric soils;'(b) surface or subsurface hydrology and (c) hydrophytic vegetation (Minnesota Rules, part 8420.0110; subpart 52). Wetlands are delineated using procedures in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual. Subd. 131. "Wholesale business" - A business that buys and sells goods in quantity directly from manufacturers and sells to retail businesses. Subd. 132. "Yard" - A required open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for landscaping or other uses as provided by this code. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest wall of the principal building. Subd. 133. "Yard, front" - An open space on the same lot with the building extending across the entire width of the lot and situated between the front lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8} Rear Lot Line r._. _._.~._._.~ i i ~ ; Side Rear Yard ~ Lot Line Side , `i ~ LotLine i r-~ i i E------- ----i Side ~ Bu-Iding Roof ~ j Slde Yard ~__ , ____~ '~- Yard ----°--------•----•-'-°--i ! ~ Front Yard ! __ ~ ~ ~ ~.. Front Lot Line Figure 8 Subd. 134. "Yard, rear" - A yard extending across the entire width of the lot and situated between the- rear lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8) Subd. 135. "Yard, side" - A yard lying between the side lot line and the nearest line of the building extending between the front yard and the rear yard, or in the absence of either such front or rear yard; to the front or rear lot lines. (Figure 8) Subd. 136.. "Zoning district" - An area or areas of the city for which the regulations under this code governing use, land, or structure are uniform. (Amended, Bill No. 1996-22; Bill No. 1998-12; Bill No. 2004-4) Richfield City Code Page 507-16 • SECTION 509 -ZONING: GENERAL PROVISIONS 509.01" _ Interpretation and application ..::.:... .: :............:.....:..:.:....:.::........:.::.509-1 - 509:03 Separability .:.........: ...........:.......:.......:::......:.. ....:..:. ......::.....:.::..509=2 " 509:OS " " Fees ........:...:..:.. ......:.:......: ...:::.;.....:::.:....:::.:....:.::. ........:........:..509-2 S09.U7 .Lot provisions........:::: ........:......::.....:...:.....:.........::. ......::: .....:....509-2 509:09 Accessory buildings ............ . :..::............. .,:...... ...::..:.......:, .......:...509-3 509:11 Not encroachments .. ......... ......... :509-3 509:13 Central air conditioning units':'.......::: ...:..::. .....:.: :...:..:. :,.:.:.,. ...:..::..509-4 5.09.15 Fences, walls, and hedges ...: :. ...:...........: .....::.:.:.,...:. ......:::.....:,'::..509-4 .. 509.17 Traffic visibility :.:...... ....::.:.......:;:......:.: ...............:..: ......:.:. .:...::.,509-6 509.19. .. Excavation of natural materials .::.: ...: .....:........::.... ..::.:......:'..::....:.....;:509-6 509.21 Home occupations ........ . ...:.......:.. ...:::::........:.....,:::. .....:... ...::.....509-6 509.23 Uses not: listed :...:....:, .. ...:: . .......::....::.::....:. ` .:: :.:..............:.::..:.....:...509-8: - 509.25 Nonconformities ... ... .. .. ..:........:.. ......:.............:.509=8 :509.01. ;. Interpretation and application. "Subdivision l . Requirements declared minimum: In their interpretation and-application, the provisions of this code shall be held to bea e minimum requirements. for the protection and, promotion of public health, safety, comfort, aesthetics; economic viability, and general welfare: Subd. 2. More restrictive provision to apply: Where.the regulations imposed by- anyprovision of this code are. either more restrictive or less restrictive than comparable regulationsimposed by this code, or any other-law, ordinance, statute, resolution,' or regulation of any kind, the regulations :which are more " - restrictive or impose higher standards shall govern, unless specifically stated otherwise: Subd. 3. Conformance required. Except as this code pecifically provides, no structure shall be erected, converted, enlarged; reconstructed, or structurally altered, and. no structure: or land shall be used'for any purpose nor in any manner which is not in conformance with this code. - Subd. 4. Relation to building code: This code shall.. be interpreted. in accordance: with the rules set forth in Section ~100.of the city code: Subd. S:.Terms-not defined. Terms not defined inthis code shall have the meanings given to them by the city code. Subd. 6. Measured" distances.. Where measured distances: are referred to in this code, the following rules shall apply::' a) Measured distances shall be.made in a straight line, without regard to intervening buildings or objects; b) Measured distances expressed" in feet are to the nearest one-tenth of a foot; and 'Richfield City Code Page 509-1 General Provisions Section 509.01 c) Where minimum distances are required between uses, measurements :shall be taken from. nearest lot line to nearest lot line,'unless the use requiring the separation is located within amulti-tenant building with more than 10,000 square feet in gross floor area. In such case, measurements shall be taken from the nearest point of the actual business premises (e.g., lease-space) of the use requiring the ` separation to the nearest lot line of the property from which the use must be separated. Subd. 7. Setback computations.In computing setback dimensions, measurements shall be taken from the nearest wall of the structure to the related front, side, or rear lot line. Subd. 8. Private easements or covenants. This code. is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this code are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the regulations of this code shall govern. 509.03. Separability. It is hereby declared to be the intention that the several provisions of this code are' separable in accordance with the following: a) If any court of competent jurisdiction shall adjudge any provision of this code to be invalid, such judgment-shall not affect any other. provisions of this code not specifically included in said judgment; b) If any court of competent jurisdiction shall.. adjudge invalid the application of any provision of this code to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property,building or other structure not specifically included in said judgment. 509.05. Fees. Fees charged under this code are set by Appendix D of the city code. 509.07. Lot provisions. Subdivision 1. One building, and use. Except in the case of planned unit developments, group housing developments, and developments in the Mixed-Use Districts, only one principal building and use maybe located on a lot. This subdivision is not intended to prohibit similar types of uses from occupying a multi- tenant building if all other requirements of this code are met. Subd. 2. Frontage requirements. Except in a planned unit development, all lots shall have frontage on a public street. Subd. 3. Through lots. On a through lot, the lot lines abutting$oth street frontages shall be considered front lot lines. Subd. 4. Frontwards. A front yard may not contain any building or other structure except fencing, ornamental outdoor furniture, parking areas, signage, and landscaping, as permitted or required under this code or the city code except as specifically noted for through lots. Richfield City Code Page 509-2 General Provisions Section 541,09 509.09. Accessory buildings. Subdivision. l .. Construction:of accessory buildings. No accessorybuilding shall be constructed prior to the time .of cpnstruction of the principal • building on any residential lot, including commercially zoned` lots used for residential purposes.. Subd. 2. Building. separation. The required setback between an accessory buildingand any-other building on the`lot shall be determined by Section 400 of the city code. Subd. 3. Eave projection. The roof.overhang (cave: projection) for accessory buildings: shall -not be located closer than two (2) -feet from any lot line; Subd. 4. Relationships to principahbuilding.No accessory building on any lot, except'through ots, shall be situated forward of the-.front building dine of the principal. building. In the case of a through ot, no accessory building shall be located within 30 feet of the lot dines abutting either street unless otherwise noted. Subd. 5. Lot coverage and height. No accessory building shall be greater in lot coverage than the principal building; or greater -in height than he principal . building. 509.11. Not'encroachments. The following shall not be considered as encroachments on setback requirements: in all zoning districts:: . a) Principal building cornices, canopies, eaves, gutters, and other similar . features,. provided they project not more than 30 inches into a required yard. In no event shall such features be closer than 24 inches , from any lot line; b) Principal building chimneys, flues, vents,-and other similar features, .provided they project not more than'24 inches into a required yard and are no more than -five feet in width. In no-event shall such- features be closer than 30 inches from any lot line;. " c) Principal building window wells, .provided they. project not more than ; 36 inches into a required yard. In no event shall they be closer han 24 inches from any lot line; d) `In required front yards, principal building entry vestibules. that extend a distance of six feet or less, provided such vestibule is not more than. eight. feet in width or more than one story in height; e) In required front yards, principal building balconies that.extend a ' distance of four feet or less, provided`they are seven feet or more. above grade at he front building line; f) In front yards and street side yards,,, fire escapes attached to the " principal building that extend a distance of four feet, six inches or less; Richfield City: Code Page 509=3' '' General Provisions Section 509.11 g) In required front and rear yards, landings, steps, uncovered porches, and other similar features attached to the principal building that extend a distance of six feet or less, provided such landing or uncovered porch does not extend in elevation above the height of the ground floor level, and in no case shall they be located more than 30 inches off the ground; a railing- enclosure no more than three feet in height may be placed around such landing or uncovered porch; unless prior approval for a greater height is granted by the Director; h) In required side yards; uncovered porches attached to the principal building that extend a distance of three feet or less, provided they are not more than 30 inches off the ground. In no event shall they be closer than four feet from any side lot-line; and i) In required side yards, principal building steps, stoops, handicap access ramps, and other similar features that extend a distance of three feet or less. In no event shall they be closer than two feet from a side lot line. 509.13. Central air conditioning units. Central air conditioning units shall not be located forward of the front building line, and. shall not be located closer to any side lot line than the minimum side setback requirement for the principal building. 509.15. Fences, walls, and hedges. Subdivision 1. General rule: A fence, wall, or hedge may occupy a lot as provided in this subsection. Subd.2. Definitions: a) "Hedge" - a row of shrubbery which forms or is intended to form a barrier. b) "Wall" -this term includes retaining walls, freestanding walls, and decorative or privacy walls. Subd.3. Hei t: a) No fence, wall, or hedge more than°four feet in height shall be constructed or permitted to grow forward of the "front line of the principal building extended-to the side lot lines; b) No fence or wall more than six feet in height shall be constructed elsewhere on the lot; except that in "C-2" and "I" districts the maximum height shall be eight feet. A building permit shall be required for fences and walls over six feet in height; and c) Whenever a fence or wall is used in combination, or placed upon a berm; the combined height shall not exceed the permitted heights outlined in paragraphs a) and b) above. Subd. 4. Corner lots. Fences, walls, and hedges located on any corner lot are subject to the traffic visibility requirements described in subsection 509.15. Richfield City Code Page 509-4 General Provisions Section 509.17 Subd. 5. Setback requirement. Fences, walls; and hedges located along a right- of-way which contains a public sidewalk, or located along a street`or alley, shall; be set back not less than three feet from the nearest .edge of such sidewalk, street, or alley: Subd. 6. Prohibitions. -Barbed wire;and electric wire fences. are prohibited in all. ` districts. Fences shall not be constructed from.chicken wire, welded wire,: branches,.or materials originally intended'for other purposes, unless a showing of a high degree of architectural quality is achieved through the. use ofsuch,'and prior approval is granted by the;Director. Subd. 7. Chain link, .Chain link fences shall': have a top rail and the .barbed ends shall be toward the ground. Inserts or slats woven through such fences shall be _ kept. in a good state of repair. Subd. 8. Posts. Posts and stringers on any fence located at or near-the lot line shall:be on the inside of the fenced areaunless-designed as an `integral part of the fence. Posts for wooden fences shall be spaced at intervals not to exceed eight feet. Postsfor chain linkfences shall be spaced at intervals not to exceed'ten feet. (Amended; B11 No. 1999-3) " Subd. 9. Construction and maintenance. Fences and walls shall be constructed of durable, weather resistant materials ahat are properly anchored. A11 fences and walls shall: be maintained in a condition: of reasonable.repair and shall not=be allowed to become. and remain in a condition of disrepair, danger, or constitute a • nuisance. " ` w fence or wall re Subd. 10. Re uired screenin .:An ired as a screenin device. q g y q- g ° shall.be constructed of decay resistant materials that provide screening to the extent required bythe Richfield Landscape Requirements; on file with the Office of Community Development.- Subd. 11. Certain structures. Fences and walls legally existing on or before March 20, 19.82, may continue o exist and to~be repaired and maintained. Richfield City Code Page 509-5 General Provisions 509.17. Traffic visibility. Except as otherwise provided in this subsection, on corner lots in all districts, nothingshall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between the height of 30 inches and ten feet above the abutting curb line of the intersecting streets within a triangular area defined as follows: "beginning at the intersection of the projected curb lines of two intersecting streets, thence 50 feet along one curb line, thence diagonally to a point 50 feet from the point of beginning on the other curb line, thence to the point of beginning". (Figure 9) On Corner lots in all districts where the intersection is controlled in all directions with the use of stop signs or traffic signals, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between the height of 30 inches and ten feet above the abutting curb` line of the intersecting streets within a triangular area as defined as follows: "beginning at the intersection of the projected curb lines of two intersecting streets, thence 30 feet along one curb line, thence diagonally to a point 30 feet from the point of beginning on the other curb line, thence to the point of beginning", (Figure 10) (Amended, Bill No. 2001-5) Section 541.19 ~`~~` aoaowav i .~~ k --- ----- ~ ~. °"' ;. ,. ~ ~~ s i ,.w. ,~, a .~~ ~" ~'b~r'd b "'~ 1R' 7, y i ~~ ~ ,~,.,~ p ~c~_-.......~..,.. ..~.r........... OP~ ~,~ ----Figures'9 an~T~_._ -- - 509.19. Excavation of natural materials. Nothing in this code prohibits the excavation of natural materials for the construction of a building permitted in a district in which the same is located if the building is to be constructed on the lot from which the material is excavated.. Excavations shall not be made, however, in violation of any provision of this code or the city code. 509.21. Home occupations. Subdivision 1. Home. occupation defined. Home occupations .are defined in subsection 507.07 of this code. .Subd. 2. Purposes. The purposes of this subsection are to allow for home occupations that are appropriate for residential settings; protect those conducting a home occupation from self-induced harm; and protect the property rights of neighbors. Subd. 3. Compliance required. A home occupation may be established and conducted only in accordance with this subsection. Subd. 4. Subordinate use. A home occupation shall be permitted as an accessory use to a residential dwelling unit. The home occupation use must be clearly subordinate to the residential use of the property, occupying no more than 25 percent of the gross floor area of the dwelling (excluding garages), and must be conducted by a person or persons who reside in the dwelling. Subd. 5. Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, and except as permitted in Subd. 6 below do not draw attention to the home occupation. All activities related to a home occupation must be Richfield City Code Page 509-6 General Provisions Section 509:23 conducted within a fullyenclosed dwelling. H_ ome occupations are not permitted • in garages. (accessory or attached). Subd. 6. Advertising..;. Signs are. allowed in accordance with the provisions. of Section 416 of the city code. Subd. 7. Outside stora:?e. No:.outside storage ofproducts or materials or equipment connected with the Home occupaton is permitted. This subdivision does not prohibit the outside parking.: of motor vehicles on the driveway of the premises in accordance with Subd. 8 below. ..Subd. 8. Outdoor parking of commercialvehicle. Outdoor parking.of no more than. one "vehicle identified for business purposes i permitted, provided that the vehicle is registered to an occupant of the home, and that such vehicle parking is . not otherwise prohibited by Section 1320 of the°city code orany other applicable . • district regulations. ". . Subd. 9. Parkin, `structural. than eg s, lighting. Parking, structural: alteration, lighting or_similar:facilitiestyhich indicate a use of the dwelling for purposes other than a residential structure>are prohibited. -Home occupations involving the need for more than -three outdoor parking spaces for the operators and customers. shall be prohibited. Parking facilities required to serve the home occupation shall .be provided on the premises, but no such parking faclitiesshall be provided within any required front or sideyard.except upon an: established driveway. Subd.,10. Retail sales. Continuous retail sales of products on the premises are prohibited..Occasional sales ofproducts or other articles are permitted where the. dwelling serves as an office for a person regularly engaged in retail sales outside' the dwelling, or where such occasional-..sales are incidental to and not the :primary: purpose of the home occupation. Subd. 11. 3necific activities prohibited. The following activities hall not be . allowed as home. occupations: a) The repair, whether for consideration or not; of motor vehicles which I to a resident of the dwelling ;on the property -where are. not registered the repair is'made or to a son or.daughter, sibling, parent, grandparent, or gandchild of a resident of the property;.. . b) Adult business establishments regulated under Section 1.196 of the :city code; c)' The practice of medical, dental, chiropractic, psychiatric, or other similar treatmenf-or'therapy, including acupuncture, where the ..person(s) providing such treatment or therapy is not licensed •by the State: of Minnesota to` administer such treatment` or therapy; ,_ - d);Businesses, educational programs, or similar gatlerings..which meet on a regular basis,~havng-more than six non-resident adults in :attendance at one time; Richfield City-.Code Page 509-7 General Provisions Section .509.23 e) Pet grooming or pet care facilities, except those legally existing on or before June 1, 1995; f) Gun or ammunition sales/repair, except those legally existing on or before June 1, 1995; g) Music instruction, unless conducted within a single family (detached) dwelling; and h) Tattoo businesses. Subd. 12. Performance standards. A home occupation may not adversely impact the residential character of the dwelling or its neighborhood because of the emission of noise, odor, water, smoke, dust, gases; heat, glare, vibration, electrical interference; or parking or traffic resulting from the conduct of the home occupation. Subd. 13. Non-resident employee. One person in additon.to the person or persons who occupy the dwelling maybe employed at the residence if a conditional use permit is issued in accordance with Subsection 547.09 of this code. Subd. 14.-Hours of operation: The hours. of operation for any home occupation shall be limited to between 7:00 a.m. and 9:00. p.m. Subd. 15.' Use of equipment. No mechanical or electrical equipment requiring in excess of 220 volts single phase shall be permitted iri the conduct of a home occupation, and no electric motor shall exceed-three horsepower. 509.23. Uses not listed. When the proposed use of any building, structure, or premises is not specifically described in this code, the requirements for the use most similar to the proposed use applies. If in the judgment of the Director, a proposed use. does fiot come within any existing use.classification, the Director shall refer the matter to the Council for a determination as to whether the use shall be classified as permitted,. accessory, conditional, or prohibited in the particular zoning district for which the use is proposed. 509.25. Nonconformities. Subdivision 1. Purpose: This subsection is intended to provide for the regulation of uses, structures, lots or site improvements which lawfully existed prior to the effective date of this ordinance or subsequent amendments, but which fail to comply with one or more current regulations. Subd. 2. Continuance of nonconformities. Any nonconformity, including the lawful use or occupation of land or premises- existing at the time of the adoption of an additional control, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a) The nonconformity or occupancy is discontinued for a period of more than one year.- Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and- . shall run continuously thereafter; or Richfield City Code ~ Page 509-8 - i General Provisions Section 509.27 b), Any nonconforming use is destroyed by fire or other peril to the extent of greater than. 50 percent of its market value, and no building: permithas been applied for within 180 days of when,the property is damaged. Inahis :case, the city may imposexeasonable conditions ,' upon a building permit in order to mitigate any newly created impact ` on adjacentproperty. Any subsequent use or occupancy of the land or premises shall be a conforming use or.occupancy. The nonconforming. use status of the premises.. and any rights ; which arise under the provisions of this subsection shall terminate. Subd. 3. Nonconforming use. Except as otherwise noted in this code, where shall be no enlargement, expansion, intensification;- or relocation of any: building or _ premises" devoted to a nonconforming use except to make it'a conforming use. 'Subd. 4.:Enlar~ement ofnonconforming structures. a) Except as noted below, a nonconforming building or structure . occupied by a conforming use may, not be expanded or altered in any way so as to:increase that>nonconformity. Expansions that meet all- applicable city_code requirements are permitted. b) A legally nonconforming single- or two-family dwelling or garage _. which existed on or before June 1,_:1995, which is occupied by a - <conforming use, and`whichdoes not meet current'setback :.requirements can be expanded up to 100 percent :of the floor-area of . the existing structure, as long as the. following conditions are met: i. The expansion- does not, extend any farther into the required setback,than the existing structure; ii. The existing structure does not infringe on the setback more than SO percent of the required setback distance;.=and iii. The expansion meets :all other applicable city code requirements. (Added, Bill Noy 1998-13) .Subd. 5. Safe Nothing in this. subsection shall prevent the repairing of a structure to a safe condition when said structure is'declared unsafeby the,proper authority. Subd. 6. Nonconformin sig 'te improvements. This subsection is primarily-aimed at upgrading nonconforming site .improvements that affect the appearance and impacts of a site: ' It is not intended. to xequire extensive changes that would be extremely. impractical such as moving or lowering buildings:'- a) Nonconforming Parking. Alteration, addition or expansion which results in an increased need for off-street parking shall,provide additional parking according to the. following guidelines: ' i.: Where modifications result in an increase in the applicable unit ' ofineasurement-(dwelling unit,. floor area, "capacity,. number or '~ . seats, etc.) which, is 50 percent or less of the original total, Richfield City Code Page 509-9 General Provisions Section 509.27 additional parking shall be required only for this new or modified part of the development; ii. Where modifications result in an increase in the applicable unit of measurement which is over 50 percent of the original total, sufficient ofF street parking shall be provided to bring the entire development into conformance with the requirements of this ordinance. b) Nonconforming Landscaping and. Screening. Alternative landscaping or screening may be approved by the Director, where, due to existing structure placement, lot dimensions, parking requirements, or other improvements, it is not possible to provide the landscaping or screening required by this ordinance, according to the following rules: i. The alternative landscaping or screening will not be detrimental to adjacent properties; and ii: The alternative landscaping or screening complies with the purpose and intent of standards dictated by this ordinance c) Additional nonconforming site improvements. In addition to the requirements. of a) and b) above, the following nonconforming site improvements must be made conforming if a structure or use associated with the nonconforming site improvement is enlarged or .expanded.. i. Impervious surface coverage as required by applicable zoning district standards; ii. Irrigation as required by Subsection 542.03 Subd. 4(h); iii. Screening of refuse collection and utilitarian items in accordance with Subsection 542.05; iv. Pedestrian circulation as required by Subsection 542.15; v. Bicycle parking in accordance with Subsection 542.17; and vi. Underground utilities when renovation costs exceed 50 percent of the value of the structure, in accordance with Subsection 542.19. d) The Director may modify or waive any of the provisions above based on a written finding that the proposal: i. Would not be detrimental to adjacent properties; and ii. The proposal complies with the purpose and intent of standards dictated by this ordinance. Richfield City Code Page 509-10 • SECTION 512 -ZONING:. .DISTRICTS 512:01 Zoning districts .:.:.::....::::.. .:..5.12-1 512.03 Permitted uses in alI districts ..:::::.:.....:...... ...512-2 512:05 Permitted„conditional; accessory and prohibited uses in Residential :..........512-3 512.0'7 Permitted; conditional, accessory,and prohibiteduses .in Commercial ........:.512-4 512.09 Permitted, conditional, accessory and prohibited-uses in:Mixed-Use ...........512-6 512.11 Permitted, conditional, accessory and prohibited uses in Industrial .....:.:......512-7- 512.01. Zoning 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:. _ - Residential Districts E in~le Famil~Residential _ , S ~~ R _.. __ I Low Densi Sin 1e Fami~ Residential ~ . R-1 ~ Two Family Residenttal j Multi Fami~ Residential ~ MR-2 j Hi h Density Multi-Family Residential M Commercial Districts i ~ Service Office ~; i ` S-O - Ne~hborhood Business. ~ ~ C -1 eneral Commercial C-2 _ _ . Mixed-Use Districts _ ^ Mixed-Use Re 'iog nal ( ~ MU-R r Mixed-Use Community _~~ MU-C 't; Mixed-UseNeghborhood i MiJ-N Industrial Districts i Industrial ( I .Planned Unit DeveloNment'Districts 1 ( Planned Residential ~ j : PR ` ( _ esidential - r Planned'Two Fami ~1~R PMR 1 _._. _ ned Multi-Family Residential ~ ;,_.~ ~ Plan __.PMR n Planned_ 1~Te~hborhood'Commercial ~_ PC-1 Planned General Commercial ~ PC-2 Planned Industrial ~ PI. Zoning Districts Section 512.01 delineates the legal descriptions of land within each zoning district. Appendix 1 is on file and open to public inspection during regular city office hours in the Office of Community Development. Subd. 3. Lots which lie within two zonin dig; sticts. Where a district boundary line divides a lot of record placing it into two separate zoning districts, the provisions of this code which pertain to either zoning district may be applied to the entire lot or for a distance of 30 feet from such.district boundary line, whichever is less. 512.03. Permitted uses in -all districts. The following uses shall be construed to be permitted in all zoning districts within the City: a) Public streets and highways; b) Underground public utilities; c) Parks and related recreational facilities owned by a governmental unit; d) Solar equipment as ari accessory use; and e) Horticulture on land which cannot be put to other uses, provided no sale,of products is conducted on the lot. Richfield City Code Page 512-2 Land Use ~ R ~ I R-1 I ~ MR-1 I - MR- MR-3 ;Residential I ~ , _ Single-family detached dwellin s Two family dwellings .~ P ~ C ~ P , N: P N_ ~ ` l? ; P I N P ~~ I Twm homes _ Multi-farriily dwelling(>3 units - N N ~ ~ I N ~N~ ~- ~_ C~_ N N JI _P/C~ N _ P . Cluster home deve~ments ; ( C ~_ . N ~ I C '_ C ~-- I N ' - Other Bed and breakfast inns ' C .._.~ C -__.- N + N N fi N _ Cemeteries, Da care facilities C P/C P ~ __ N N F/C _~T~ P/C N P/C Emer enc shelters Fences, walls and hed es Foster family homes - C _~ ~ A ?~ A/C N ~A ~ A/C ; C C` ~ A A ~ ~__ A/C ~_ A/C I C ~; A ' I A/C t ~ Garages ['carports for a residential A ~ A A A ~ A ' structure __ Gazebos/greenhouses Governmental buildings ~ ~ ~ A i P A ~ N E ~A~ ~_N C ~ C s N C . I' ~ Home occupations ~ _ A A _i __ A ~ ~A Libraries ublic _ ~ P i ~ N ~ ... . C ( C j C j Parkin _ Private. drivewa s ~ I Public utilities, major ~ Public utilities minor ~A_..~~ ~ A ___: ' C A ~ _A . ~A C ~ A ~ A ~ A ~ ~ A ~ A_F C I' C~ -~A ~ A ~ A ~~: ~ C ! A , ~ Recreational facilities, non-. C~~ C `C ~ N j _ N ~. ~~ c m ial i c l s ! ; f ` merc o , pr n ipa u e _ _ ~_^~ ~- Re ous'instrtutions ~ Residential care facilities Roomer ' C ( P ~ A~ N ~, P I .A -~ ~~ C ' P/C ~ .~ N N , _ P/C N ... _ Satellite dish antennas A _A . ~..__...1 A A _..~._.~ ~ A _____~ ~ ' Schools ublic or private j C N C C C ,. Storage buildings, ~~~~~--~-^-~ ~ ~ ~~~~- A __ ~ ~ . _ _ A A _ A 'T ~ A ~~~ ~ _I Swimmin ools rivate g B____z:~~_____._ ~ A j .. ( . A _._..~ E A A .~_ C A ~..~.;..~ ~ Telecommunication towers__ I U ili b ildi C _ _ A _ C N _ C ~..A-~ C , ' t ty u ngs accessory to A I A A ~telecommun. towers & antennas ~ _. 1 ! ~~_~~ ; `_ G Zoning Districts Section S 1b.07 512.07. Permitted, Conditional, Accessory and Prohibited Uses in Commercial _ Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations.. P: Permitted A: Accessory . C: Conditional N: Null or not Permitted Land Use ~ V- ~ _...._.._ S-O~ ~C-1 ~ I C-2 Adult businesses _ __ ~~~ N~ ~ N P _ Animal kennels _. E ...~ N_ l N P Apartments within a commercial ! A A/C C building Assembly, light manufacturing,-~ ~ N j N „_,,,, ~ A warehouse on houses cti Au N N ; P ___ _ _ _ ~ Auto mechanical / bod~repair~~ ' ~ Auto detailin~ M _ N ~ N _ __ ~N ~ N ^~ ~ _ T~ C __ ~C ~ _ :Auto or boat sales ( N ~ N C ~ Auto stereo installation service ~ Auto washes ~ ~ ~ N ~N-- - N ! N P 1. ~ C~ ~ ~~Barber or beau shows __._,__~~.___ ~ ~...___ P/C ~ ~ P/C ` P/C , ~_ f Bicycle stores _ i Bicycle repair shops ~--~ Bowling albs ~ ~ N P/_C~ N P/C P/C ~. Nom; P/C P/C - ~.__ P ~ ^_.ar~et orpaint stores Cemeteries ~~-~-~_-~ N ~ --~-N P/C i - N ; P/C i C ~ Convenience store _ ~ Dance or physical culture studios Daycare facilities _ N P _C ~ __ _ P ~ P __ ____ P _ P ._ P ~~~ I Drug stores without drive-up ~ N P/C ~ P/C facility_._.._________.__._ __~_-..~_ window ith d i t D i N I_ _...~.. N 1..__:___._.._...: C ve-u~ r ores w rugs ~Eme~ency shelter ~ N C _- Enclosed storage ~ ____ ^~ ;Fences, walls and hedges A A A A_ ~ ~ -1 N j A ____ CFinancial institutions without ~ N N P , drive-u~service _` .._....._.._~ ..__~ Financial institutions with drive-up 'service _ _.` ~ N ~~ i N ~, _ i C Firearms related uses ~ N ~ N C t llin F t ~ N N P ~ g__:_._~ _ une e or ~ i l h _ `~ N i N~ C~ omes, mortuar es Funera Furniture or appliance stores ~~~ N P/C ~P/C Richfield City Code Page 512-4 • • Land Use ~~ , S-0 ~ !` ~ C-1 E C-2 ! Governmental buildin s ____ ~_ P ~ ,` P ~ P ' _ ~ Groce stores ~ N ! P/C P/C~ Hospital or medical. clinic P/C P/C ~ P/C - ~ ~ t l or motel : - N ` __-- N ~C Junk and ~ N - - _ N N_ s Libraries, public - P P ~ P J ~ Liquor store, municipal j N I `N P ~Nursmg home ~ P ~ Ply N . Office, single-tenant - ('( P/C ~ P/C P/C rofessional, executive or business ! ; Office, multi-tenant -:.professional, ~ ' P/C P/C P/C executive, or business ~~ ( ! i Outdoor merchandising or storage N N N (except as allowed by Sectiom 1135 of the City.. Code) , ~~--- ~ _Y._ I ' -j i Parkin ----- wn h & se d hand d . 1- A N ~ f A I ~ N A_ ~ ~ C Pa s ops con : . goo s ; ' j dealers licensed under Section ~ 1186 or 1187 of the Ci Code , ( .Public utili ,minor ~~A" ~ A ( A Public utility, major ~ CC~ v C _ ~~C. Religious institutions ~ N N ` P Restaurant, take-out only (Clas~ N C P N j Restaurant, fast food /convenience ~ ~~ N . ~ N I ~ ' food (Class III) or anyrestaurant I with drive-up service __ _ ~ ` Restaurant, traditional or cafeteria ~ N C ___ C ((Class In _ ~ _ ~ - -- ~ ~ Restaurant, full service Class I) N ~ N _ __- C Retail, general (single or multi- i ~ tenant N ( i P/C P/C _. ~ ~ Schools, ublic or private Se i 'st io ---T+ _N -~~N ~N ~ N~T~ P ~. rv ce at n _ _ ~ Service station /convenience store Service_or non-auto repair shop ~ N P/C N_ P/C ~C P/C .Tattoo slams '- N - - - - ~ N ~ C ~ ~ Taxi or limousine service -,- N ~ N , i `P ` _____.~ ~ Theater, movie or live ~ N j N C entertainment ~ _Veterinar~clmic ~ I N I f ~N~ ._.~P Zoning Districts Section 512.09 512.09. Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section -539 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use ! Mil-N i MU-C MU-R Residential ~ ~ . _ _ Townhome deve~ment . _ ~ P i ~~--~-~- ._.__ N_ N ~ Multi-family dwellings _~_ _ ~ ..~ P~~~ ~__ ~_P P I Live-work units ____~_ ~____ ._ __ r-•--•----- i iliti d li i f A __ P . _j ~P ~~ ~_P~. -i P N ---.~~__. N ng, es, nurs v ng ac ssiste ; 'rest homes._..._._...... ___..____~._.. ~ .__._.._~_____.__.' _~_.__ Oth ~~~ er _._......__..__ __~.____.....____...._._., Adult businesses _ _ ~ ______..__~.~_~ N .__~_...__._.. P ..~_ ~ P 'Assembly & manufacturing N A A accessory and subordinante to l ~ ~ ~ ret_atl use , __ ~ Auto mechanical /body repair _~~~ ~ .i ' _N _- ~- , ._.______._ C ~ ~~_____ _C - ~ Auto detailing _____ NN C ~ C ~ Auto rental facilities as an ~~ N ~ A A 'accessory to primary office or hotel use ~ _ Auto sales ~ Cli i __~. _ N _ A N I ~ P~~ ______ _C P cs _ _ _ n _ ~ ~ ~ .._._.~ .~.._. ~. -- Convenience store '+: P , P ~ P Dad care facilities _ ~~----, .Drive-u~window or teller service ~ P. ~ N P C ~ P C ~ _ ~ Firearms related uses N N C aries ~ homes, mo riu Funeral .__ N~ N _ . ~ ~ ~_N.~ _ _ _ _ , ernmental buildings _ ~~ ov G . A ~ P j -•.-~--~-~ A ------ _ _ ~Health^or athletic clubs, spas, yoga } N P r P studios .,~,. ~-_..______.._.,____ !--.______m ~ ~____._ ..__ i__.______.-..~ i Hotel or motel N P ' P Hospitals ._.___. ..,.._._ ...N _ j_ N ~.__..._P_..._.~ Libraries ublic_..___.._~ P P N Offices i A ( P i P~ Parking _ .- { _A I A A _ __M~_......._. ___.~__ ____ Police sub-station ~ : P ~ P P _ ._..~____._.__...~_~ ~..._..__.._..__..____.._........__-.__... Public utilities _ _ ~ A ~ A __ E ~ A____ ,a _ { Recreational facilities,. non- ~ P s P I P 1 !commercial, principal use _. __ ~_~~~ ~~~ ~ Richfield City Code Page 512-6 • Land Use ~ MU-N M[T-C 11VIIT-R J Rcli iousaristitutions P : i P - A Restaurant, take-out only (Class ~ P )~P P ~ I N) ~ ~- Restaurant, fast food / convenience fo d (Cl s II)) N ~ C ~ ' C ~ . o a s Restaurant, traditional or cafeteria I P ~ _ P -~_~~ ~ P I Class In ~ ( _ ~ _ -~ (Restaurant,. full' service (Class)) - ~~^~ N. ~- C; P j -Retail,:nei hborhood services ~~ P - V P _ _ ~P Retail, eneral services , , C P P. Retail, regional`services ~ N , L_ C P I Schools, public or Private ..._ PP .' ~ P C ~ Service station I N I P P' I Se ce station /convenience store ~ ~ P' ( P - .Theaters, movie or live` ~ ~ N ~~ N P .entertainment _ I -:~ :` Transit facilities' A ~ A i{}{ _ -------- A ~V i ~ _ • 512.11. Permitted, Conditional, Accessory-and Prohibited Uses in the Industrial District.:`The following-table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the: Industrial District, Refer to Section 539:'for complete regulations. " P: Permitted„ - A: Accessory C: Conditional Pr: Prohibited N: Ordinance is silent - - Land Use ~~ - Adult businesses. _P ~ Bottling operation _ ~ P _ ~- ; _ Cold storage T , ~ ~,. P Ci om uter assembly __ -- P ~--- Electric .appliance manufacturing ,__. ~~P _~ Electronic components assembly s - - ---- P - ~ ` :Food products manufacturing P . Laboratories for testing or research P ~ Living quarters for security A ` i personnel - . _ I _~__ -- ~ Lumber or building materials sales_~ ~ Metal products manufacturin~___~ ~ P _~ P Zoning Districts Section 512.1 T Land Use ~er~roducts manufacturing~~~, P ' Parkes f A .I Rubber or plastics products ~j P ~ ~ manufacturing i._._._-_.~ i Satellite dish antennas ~ A .. ;Stone clay or glass products ~ P { ~ manufacturing l ~ __~.---_.._-_-___ ....__.__. ~ Telecommunication towers __~ _ _C _~ Textile products manufacturing ~ _-.. ~.._- _ ~ . P.~. Wood products manufacturi~ ~ P Richfield City Code Page 512-8 • . - SECTION -514 - _SINGLE-FAMILY: RESIDENTIAL DISTRICT (R) , 514.01 Purposes .......:.... ......::....:".:.. ......:.. .......:.:.:...:.. ....:::....:........ ......:....514-1 S T4.03 Permitted. uses :.:...::.:.....:,.:....:::::. .:...: .............:.:........:..::.:: ....::::...514-1 514:OS Accessory buildings and use regulations..::... :......:....::..,......:.:. :....:::..514-1 514:07 Conditional uses : ..............:::.....:::. .......:........:.:: :..:.:.:.....:.....: ....:....:.514-4 514:09 Prohibited uses . .................. ...:...:.................. .................... ..........:514-7 514.:11 Lot area; dimensions and coverage :.,............:..:..: ' ....:..........::. .:..:.....:514-7 514.13 Building setback and height .., .....::::.....,::.....: ............... ..:..::.....::.::::514-8 514.15 Additional regulations ........: ....:.:....:...::.....:.::.: .............:::.........514-12 514.O1..Purposes. The purposes of the R District regulations are to`protect and .preserve _ the single-family residential character of the R District; reserve appropriate locations for single-family dwellings; provide opportunities'for cluster housing development; minimize traffic congestion and the overloading of utilities; and provide residential locations that are safe,. attractive and ;quiet. 514:03. Permitted uses. -Subdivision 1 The uses listed in -this subsection are permitted' uses in the R District. Subd. 2. ,Single-family (detached) dwellings: Subd. 3: State-licensed day care facility serving 12 or fewer persons, or a group family day care facility licensed:.under Minnesota Rules, parts 9502:03.15 to 9502:0445, serving 14 or-fewer children. Care facilities located within the R District shall be subject to the same zoning regulations as-single-family dwellings in the R District. Subd. 4. State-licensed residential care facility serving six or fewer persons, or a housing with services. establishment registered under M:S. 144D serving six or ` fewer persons. -Care facilities located within the. R District shall be. subject to the same zoning regulations. as single-family dwellings in the R District. - Subd. 5. Governmental buildings and public. libraries. 514.05. Accessory building and use: regulations. Subdivision 1. The uses listed in this subsection are allowable accessory;uses in the R District. Subd. 2. In addition to the general accessory building provisions of Subsection 509:09, the. following rules apply to accessory buildings in the R District: a) No more than one (1) of each of the following shall be located on a - - residential parcel: detached garage,greenhouse„storage building or° , ,` . gazebo; and Richfield City Code 514-1 Single-Family (R) Residential 514:05 b) No attached garage shall be greater in lot coverage than the dwelling unit to which it is attached. Subd. 3. Private garages (includes attached and detached) or carports that do not exceed 1,000 square feet in gross floor area, do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot, and are constructed in accordance with Subdivision 2 of this subsection. Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175 square feet in gross floor area, do not exceed an aggregate of 1,200 square feet in gross-floor area when combined with a1T other accessory buildings and attached garages on the lot, are constructed in accordance with Subdivision 2 of this subsection. Subd. 5. Private swimming pools as defined in Section 420 of the city code, provided that such swimming pools. and related equipment be located: a) At least ten feet from any rear lot line; b) At least ten feet from any interior side lot line; and c) At least 15 feet from any street side lot line. Subd. 6. Private driveways, parking areas, turnaround areas, and sidewalks for residential uses, provided the following conditions are met: (Amended, Bill No. 2005-8) a) All such driveways, parking areas, turnaround areas, and sidewalks shall be set back no less than one foot from any lot line abutting another parcel, except that upon written request from the .landowner, the Director may reduce or rescind this setback requirement for shared access agreements or with a finding of necessity and public convenience; (Amended, Bill No. 2005-8) b) All such driveways, parking areas, turnaround areas, and sidewalks shall be constructed with concrete,, asphalt, concrete pavers, brick set in compacted sand, or other material approved by the Director; (Amended, Bill No. 2005-8) c) No parking area shall be permitted in the front yard area except as allowed by paragraph d); (Amended, Bill No. 2005-8) d) .Within the front yard area, vehicles shall only be parked on the driveway area; (Amended, Bill No. 2005-8) e) Driveways, where located within the boulevard or the front yard area, are subject to the following requirements: Richfield City Code 514-2 Single-Family (R) Residential 514.05' (i) They shall not exceed 22 feet in width up to a maximum of . 35% of the front yard area (curb. cut radii excluded);: (ii) :Curb cut radii (five feet minimum) shall not encroach upon " the boulevard of abutting: properties; (iii) On corner tots, driveways shalt be set back at least30 feet from an intersection, as measured from the point wherethe extended curb lines of the streets intersect; (iv) -Only one curb cut shall.be~permitted from a public street to an interior -lot. A corner.lot may have one curb cut from each public. street; provided the driveway setback . requirement in item (iii) above'is met; and (v) Upon written request from the'landowner; items (i), (ii); (iii}; and (iv) above maybe varied by the Director with a..: finding of necessity.: and, public convenience; (Amended; Bill No. 2005-8) f) Any expansion or installation of a driveway, parking or turnaround area on a lot shall be subject to a city permit; g) Any expansion, installation or replacement of a, curb cut from a public streetto a lot shall be subject to a'-city permit and any-.curb cut abandoned with the installation of a new cut shall be extinguished and replaced with curb and gutter according to specifications _ .determined by the Director of Public Works, except as provided in {e) (iv); provided the curb cut meets ,all requirements of (e)`and is in • service for driveway or parking purposes; and (Added; Bill No. 1999-3, Amended;. Bill No."2005-8) h) A: turnaround area may be located :within a front yard subject tb' the requirements ofthis,-.paragraph: The turnaround area is limited to the frontyard of arterial and collector streets only. The turnaround area cannon exceed-150 square feet. The turnaround area must be contiguous to the driveway. (Added; :Bill No. 2005-8) Subd. 7. The accommodation of one xoomer in addition to the family, provided that: a) ;The roomer plus the family shall not exceed atotal of-five persons (see definition of family); b) Such arrangement does not constitute an accessory apartment; and c) :`Adequate off-street parking is available: Subd. 8. Home occupations that are operated` in accordance with Section 509 of this code. Subd. 9: Roof-mounted television antennas. , Richfield City Code.:: 514-3 Single-Family (R) Residential 514.05 Subd. 10. Minor public utilities. 514.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional. uses in the R District, and are subject to the conditional use permit provisions outlined in Section 547.09 of this code. Subd. 2. Two-family dwellings,. provided the. following conditions are met: a) The lot shall abut an arterial or collector street; b) The 1ot.area and width shall comply with Section 514.11, Subd. 2 of this code; c) Two off-street parking spaces, one of which must be enclosed in a garage, shall be provided for each dwelling unit; d) Private driveways, parking areas, turnaround areas and sidewalks shall comply with Section 514.05 Subd. 8 of this code; e) For new construction each dwelling unit shall contain at least 750 square feet of interior floor space, and for conversion of a single- - family dwelling to atwo-family dwelling each unit shall contain at least SOO square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and f) The structure shall meet all setback requirements for two-family .dwellings as indicated under Section 514.1.3, except that a single- family dwelling which does not meet the required two-family interior side setback may be converted into atwo-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two-family dwelling requirements. Subd. 3. Cluster home developments, provided the following conditions are met: a) The design of the development must be compatible with the surrounding neighborhood in terms of building materials, architectural design, scale and mass of the structure, or other similar urban design characteristics; b) Landscaping must be provided in accordance with the Performance Standards Section of this code; c) Two off-street parking spaces, at least one of which must be enclosed in a garage, shall be provided for each dwelling unit; d) There must be a minimum of 500 square feet of outdoor open space provided on the lotper dwelling unit; e) The number and location of driveways and curbcuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses; and Richfield City Gode 514-4 Single-Family (R) Residential 514.07 f) The densityof the development maynotexceed the density. recommended in the comprehensive plan.- (Added, Bi11 No. 1996-22; Amended, Bi11 No. 2002-11) Subd. 4. Bed and breakfastinns, provided the following conditions, are met: a) ` No more than two rental'rooms shall be :provided; b) At least two off-street parking spaces (may include garage stalls) shall be provided for the residence, and at least -one off-street parking space shall be provided on the lot _for each rental .room; c) The use shall be contained within asingle-family detached dwelling; d) Outdoor parking areas shall be screened with'landscape materials; and - e)' The operator `shall _secure all applicable licenses and approvals from the city, county, state; or other applicable- jurisdictions before the conditional use permit will become effective. Subd. 5. Public or private elementary and high schools; and other similar learning institutions provided the following conditions are met: a) 'The; use site shall abut a collector or arterial street or be located such .that significant traffic will not be generated on local residential • streets;' b Pick-u and dro -off areas shall be desi ed to enhance vehicular p p ~ and pedestrian safety; c) .Outdoor recreational facilities designed for group activities shall be set back at'least 40 feet-from any lot line; d) Buffering shall be provided to.mitigate noise and adverse visual. impacts on'adjacent properties; 'and e) Lighted.playing fields shall be permitted-only upon demonstration hat off-site impacts can be substantially mitigated: Subd. 6. Cemeteries (may include mausoleums and crematories), provided the following:condtions are met: a) The lot area shall be -not less than five.acres; -- b) Direct views from all abutting residential. property shall be buffered ' in accordance`with the-Performance Standards` Section of this code; c) The: use shall abut an :arterial or collector. street. and. access shall be achieved`without conducting signficant_traffic'on local residential streets; and • Richfield City Code 514-5 Single-Family (R) Residential 514:07 d) Any crematory. shall be set back not less than 600 feet from any lot line. Subd. 7. Religious institutions and related convents or parsonages, provided the following conditions are met: a) The use. site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) Outdoor facilities designed for group'activities shall be set back at least 40 feet from any lot line; and c) Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. S. Emergency shelters within non-residential buildings (e.g.; schools or churches) provided the following conditions are met: a) The shelter shall serve no more than 16 persons at one time; and b) Meals for those served by the shelter shall be prepared in a kitchen approved for commercial use. Subd.. 9. State-licensed day care facility serving more than 12 persons, or a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, serving 15 or more children within non-residential buildings (e.g., schools or churches) provided the following conditions are met: a) Designated pick-up and drop-off areas shall be located on the site; and b) Designated outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential property. Subd. 10. Telecommunications towers are allowed only in the following residentially zoned areas;. a) Towers supporting amateur radio antennas and conforming to all applicable provisions of Section 544.25 of this code shall be allowed only in the rear yard of residentially zoned parcels; and b) .Towers supporting commercial antennas and conforming to all applicable provisions of Section 544.25 this code shall be allowed only in the following residentially zoned locations: (i) Church sites, when camouflaged as .steeples or bell towers; (ii) Park sites,, when compatible with the. nature of the park; and, (iii) Government, school, utility, and institutional sites, not including the public right-of--way. Richfield City Code 514-6 Single-Family (R) Residential - . 514.07 Subd. 1L Major public utilities. 517.09. Prohibited uses. Any land use.not listed as permitted, accessory or conditional in this Section or subsection 512:05: is prohibited, in the RDistrict-unless the use is found to be substantially similar to a use listed, as determined by the city in -. - accordance with Section 509.21 of this. code. 514.11. Lot Area, dimensions and coverage. Subdivision 1. The standards'set out-in this subsection apply in the R District. ..Subd. 2. Minimum lot area, dimensions and coverage. Land use Lof area (sq. ft.) Lot width (feet) ~ Lot depth.: . (feet) Mag. lot , coverage ~ : Mazimum I impervious ~ surface ~~~Si~ngl~e-Family ~ 6,70U -~~~-~ 50 ~ .~ 100 ~ ~ 35 % ~ ~ 45 % Tk wo-Family. Cluster home 9,000 2,900 60 ~~ 100 ~:.....__ . ~ 35 % - ..~_ 45 Develo ment in R- P Per Unit 60 100 u 35 /o o 75 / . ~~ SFH Guided Area Cluster home ~ 4 000 . ~ ~ ~ ~~ , ~ Development in Per Unit j ~ ~ ! Non-R SFH Guided 60 P00 35 %, ~ 75 %- Area t ~ ' NoI n-Residential .__.a 40,000 ~ .._... 150 lOQ ~ 50 % ~ 85 Single-Family Residential (R) District Section 314.13 514.13 Building setback and heisht. Subdivision 1. Standards. The standards set out in this subsection apply in the R District. Subd. 2. Building setback and maximum height (measurements in feet): ! _..___ _..__..__ Use ____-z Front ~ I --.--•--..-.-.--- Rear ; ~~- -_-~---- ;- Maximum .Interior ~ Street /Corner ~ Height Side j Side Single-family building 30 25 5 ~ 12 25 ( (but see Subd. 3 and 5) ~~~ j ~ { ' , ~ -- W Two-family building (but 30 25 ~~ 12 ~ 25 10 ( see Subd. 3 and 5) i j f I Cluster home development 10 ~ { ? in R-SFH guided area (but ~ ~ 25 5 ~ 12 i 25 (but see see Subd. 3 and 5)' I I I Subd. 8) i..-_.._-_..._...__...--- ~ Cluster home development 30 ~ { 25 ~ _____~_.__.-_-._----...-___._.____...~ 5 12 25 (but see (in non-R-SFH guided area ~ ~ I ! Subd. 8) (but see Subd. 3 and 5)' ~ , ~ ;Accessory -garage (but 0 3 __ __ ~-- 5 12 { 142 C~ y ~~ ~W ( see Subd. 3-6 ( (5 if utility ~ t easement) ( ( ~ -~ . ____ ~ --- __ ~ Accessory -non-garage- 0 ~ 3 123 { 12 ~ 5~ (but see Subd.. 4 and 5) E ~ (5 if utility , j i l ildi _~ 40 I easement) ..__._._.._..~...~. 30 ! ----. ~ }.~__._._-_____ _. _-_.~._..___..._____.~_j 30 30 ' 42 bu ng Non-resident a (but see Subd. 5 .and 7) l ~ ~ ~ ! 1 C ~ _.._._.- .~..._ Accessory building to non- _ _ 40 ~ __._. I 10 ..-__..-._ _ ._._._..__ ._._.. _ 10 ~~ ~ ~~30 ~ 15 _ ~~ ;residential use (but see ~ j { I Subd. S) ~ I ~ _ ____.__- i ' Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply with applicable building and fire codes. (Added, Bill No. 1996-22) z For gazages, height is measured on the side of the building with the vehicle door.. The storage height above the pazking area in a detached garage cannot exceed six (6) feet in height. 3 For non-garage accessory structures, height is measured from the ground level to the. highest point of the roof. (Amended Bill No. 1996-22; Bill No. 1999-3; Bill No. 2002-11) Subd. 3. Setback reductions for principal buildings. The following setback reductions apply in the R District: a) On a corner lot, the street side setback requirement shall be the lesser of 12 feet or the established street side setback of the existing principal building on the same lot for single-family, two-family and cluster home development structures. In any case the provisions of Richfield City Code 514-8 Single-Family Residential (R) District Section 514.13 paragraphs d) and e) of this subdivision shall. be applicable; :" (Amended, Bill No: `1996 22) b) The front setback requirement for a new single-family,dwelling, two- family dwelling or cluster home development on a lotmay be , reduced to not less than thej:average existing front setback of the dwelling(s) which- front on the same street and abut such lot,: to a minimum-setback of 20 feet; (Amended,. Bill No. 1996-22) c) With respectto single-family homes existing on or before June 1, 1995, the. interior side setback requirement may be reduced to-not less than three feet for the purpose of constructing an attached: garage or a -two-car garage to replace asingle-car garage, provided the following conditions are met: . (i) A letter of consent signed by the owner of the property that abuts the interior lotaine shall be submitted to-the city; (; (ii} The garage shall be located a distance of not'less than eighf feet from any building on an, abutting. lot; (iii) The width of the ;garage shall -not exceed 20 feet;. and the . length shall,not exceed'26 feet; (iv) The garage--wall most parallel and adjacent to'the interior.. lot line shall have no more thane. aone-foot roof overhang leave projection); (v), The garagewall most parallel and adjacent to the interior . lot line shall be constructed with no openings,. and with materials-which provide a one hour fire rating; and . (vi) A drainage plan shall be approved by the Engineering Department prior to issuance of building permits. d) Windows or window-units. may project a maximum of 24 inches into a required front yard, street side yard, or rear yard of a dwelling, provided that the floor area is not increased by more than ten'square feet, however, in no case shall they. be closer than six feet from any .lot line; e) Those items classified as "not encroachments" in Section 509.09; fl The setback requirements for cluster home: developments maybe reduced to 25 feet in the front-and 12 feet in the rear if the following .criteria are met: (i) .The project can demonstrate that a superior design is achieved through the reduced setback. , :Evidence of a superior design may include but is not invited to the preservation of a natural'feature, creation of an amenity, creation ofpublia open space, or incorporation of special features to meet the needs of the target population; '~ -. Richfield City Code. - Page-514-9 Single-Family Residential (R) District SectionS14.13 (ii) The reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or other similar impacts; and (iii) The impact of the reduced setback is minimized through the presence of features such as landscaping or other means of buffering, a limited` number of building openings in the ..portion of the structure that infringes upon -the setback, building orientation, minimized garage door dominance, or other similar features. (Added, Bill No. 1996-22) g) In required front yards, covered porches attached to the principal building that extend no more than 10 feet, provided that the porch is no closer than 20 feet from the front lot line and that the design of the porch is approved by the Community Development Director. The Community DevelopmentDirector must make the following findings to approve a porch encroachment up to 10 feet: (i) The exterior materials of the proposed porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling; (ii) The roof of the proposed porch is' properly proportioned to and integrated with the roof of the dwelling and has no less than a 3/12 slope; (iii) The base of the porch is not open and its appearance is consistent with'the base of the dwelling; (iv) At least 65 percent of the exposed porch facade is open or occupied by windows, screens; and/or doors of transparent material; the facade constitutes the area from the floor level of the porch to the porch ceiling; and (v) Plans are prepared by a registered architect or reviewed by the a design advisor selected by the Community Development Department; The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings; and h) In required residential street /corner side yards, covered porches attached to the front of a principal building that extend no more than 10 feet, provided thatthe porch is no closer than 20 feet ftom the street side lot line and that the design of-the porch is approved. by the .Community Development Director. The Director must make the findings required by Section 514.13, Subd. 3(g). The Director may attach conditions to the approval of-the porch encroachment as needed to make the required fmdings. (Added Bill No. 1998-12) Richfield City Code Page 514-10 Single-Family Residential (R) District Section 514.13 Subd. 4. Setback reductions for residential accessory buildin>s: The following • - setback reductions apply in the R District: Rear Lot Line a) Theinterior side setback requirement for ~ accessory buildings located entirely five or more i feet beyond-the rear building line of the principal ! rear i 3'~! ~ building i building maybe reduced to three feet (Figure , ~• ~ ~ ; 10); and ~ _r_ Garage -line 5--i - _ i ~ I .... House 7 b) On lots which provide alley access to the, rear and .Interior ; ~ ! there is no utility easement, a detached .garage Side -may be located no less than two feet from the rear Lot tine' ii i lot line, provided that the setback requirement of ~-; Section 514,13, Subd. 6 of this code and all -• '-•-• ~•- Front Lot Line buildng codes are met. ~'' •-•-'-•-•-• Figure 10 Subd. 5. 'Additional setback requirement: all structures located on a corner lot that abuts a-key Corner lot lot: On a corner lot which abuts a key: lot, the. '~ ^streetside" street /corner side setback requirement of such ~ _ ~ .side lot line corner lot shall be :equal to the front setback of any ~ o ® required existing .principal building on -the key lot or 3A -feet, -~ setback whichever is Tess, however, in no case shall such • ~! existing 'street side-setback requirement be less-than 12 feet. Key ~ot® .front (Figure 11) setback front - lot line ~--~ curb ...Figure 11 Subd: 6. Additional setback requirement: vehicle access door facing a ide or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot -line, such. side or rear. setback'requirement shall be not less than 20 feet, except under the.following conditions: a) If a vehicle access door faces a street side lot line;vvhich abuts anon- :'arterial or non-collector street; such street side;setback requirement shall be not less than.l5-feet; or b)'Ifa vehicle access door faces a rear lot line which abuts an alley, such rear setback requirement shall be not less than 15 feet; or c) If a vehicle access door faces an interior side lot line on a lot that is -less than 45 feet in width, such interior side setback requirement shall ' be notless than 15 feet. - ,. Single-Family Residential (R) District Section 514.13 Subd. 7. Additional hei~;ht for non-residential buildings. The following-height exceptions apply to non-residential buildings in the R District: a) The maximum building height may be increased to no more than 75 feet, provided that the required setbacks- shall be increased by one foot for each foot of building height in excess of 42 feet; and b) Notwithstanding paragraph a) above, the maximum height for towers, spires, or water tanks may be increased to no more than 150 feet provided that such structure does not exceed 15 percent lot coverage. or 1,600 square feet in gross floor area at the base, whichever is less. Subd. 8. Maximum height increase for cluster housin dg evelopments. The maximum height for primary buildings in a cluster housing developments may be increased one foot for every foot the primary building is located from the 25 foot rear set-back, up to a maximum of 35 feet, if the increased height is in harmony with the surrounding neighborhood and if the increased height does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or other similar impacts. (Added,-Bill No. 1996-22; Amended, Bill No. 2002-11) 514.15. Additional regulations. Subdivision 1. Standards. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Dimensions and floor area.. Single-family and two-family dwellings constructed after June 1, 1995-shall be a minimum of 22 feet in length and width for at least 50 percent of each distance as measured from outside wall. surfaces, and shall contain a minimum of 960 square feet of gross. floor area. Dwellings in cluster home. developments shall be a minimum of 16 feet in width for attached units. (Amended, Bill No. 1996-22) Subd. 3. Garage planning. Building plans submitted after June 1, 1995 for new single-family .dwellings shall include garage space for not less than two vehicles, or shall designate area(s) on the lot for future construction of such garage space that does not require any variances. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than 10 feet in width by 20 feet in depth. Subd. 4. Performance standards of Section 544. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 544 of this code. Subd. 5. Design and overlay districts. All property located within a design district or corridor overlay. district shall be subject to such. district's additional requirements and/or modifications. Richfield City Code Page 514-12 • SECTION 518 -LOW-DENSITY. SINGLE-FAMILY RESIDENTIAL DISTRICT R'1 518.01 Purposes ..:...... ....:.:.:......:.:: ......::. .......:...............:.. ...:,:..:.......:.:518-1 518.03 Permitted uses .:.......:.:.....:.:.. .: :...:.....:.:..:.:..:....................:............::.518-1 518.05 Accessory building and use regulations .....:......:.:.....::::. .....: .......::..:..518-1 518.07 Conditional uses .........................::..:.......::...... ,.:....:. .:.........:..:.....518-4 518.09 Prohibited uses . ......: :.........:...............:.............:::::....::..:;...:..:.....518-4 518:1.1 Lot area, dimensions-and coverage .::......::.: .:.:..: .. ......:::...............:.:..518-5 S18:13 Building setback and height .:. .....:::.:.::.:.........:.........: ................:...518-5 518.15 Additional regulations .......:..: .:..:..: ..:....518-8 518.0E Puraoses. The purposes. of the R-1 District :regulations are to reserve and preserve appropriately located areas for. larger :lot single-family uses; ensure adequate -light, air, privacyand open space for each dwelling; minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size-(or density) in relation tothe surrounding'land, buildings or infrastructure; and to provide larger lot single-family residential areas that are safe, attractive and quiet.: 518.03. Permitted: uses:= Subdivision 1:.The uses listed in this subsection arepermitted • uses in the R-1 District. Subd. 2. Single-family (detached) dwellings, except,manufactured homes:. Subd. 3. Licensed day care facility serving 12 or fewer persons; or a group family day care facility licensed under Minnesota Rules, parts 9502.0313 to 9502.0445, serving, l4 or.-fewer children. Care. facilities located within the R-1 District shall be. subject to the same zoning regulations as single-family dwellings in the R-1 District.. Subd. 4: State-licensed residential care facility serving six or fewer persons, or a housing with services establishment registered under M:S. 144D serving six or fewer persons:.-Care facilities located. within the R-L District shall be subject to the same zoning regulations assingle-family dwellings in~the R-1 District. 518.05. Accessory building and use regulations. Subdivision 1. The uses listed in this subsection are allowable accessory uses in he R-:1 District. Subd. 2: In additiom to the general accessory building provisions of Subsection` 5:09.09, the following rules apply to accessory buildings in the R-L District: . a) No more than one { 1) of each of the following shall be located on a residential parcel: detached garage, greenhouse; storage building or ,.. gazebo; and _ • Richfield City Code 518-I Low-Density. Single-Family (R-1) District 518.05 b) No attached garage shall be greater in lot coverage than the dwelling unit to which it is attached. Subd. 3. Private garages (includes attached and detached) or carports that do not exceed 1,000 square feet in gross floor area, do not exceed an aggregate of 1,300 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot, and are constructed in accordance with Subdivision 2 of this subsection. Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175 square feet in gross floor area, do not exceed an aggregate of 1,300 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot, are constructed in accordance with Subdivision 2 of this subsection. Subd. 5. Private swimming pools as defined in Section 420 of the city code, provided that such swimming pools and related equipment be located: a) At least ten feet from any rear lot line; b) At least ten feet from any interior side lot line; and c) At least 15 feet from any street side lot line. Subd. 6. Private driveways, parking areas, turnaround areas, and sidewalks for residential uses, provided the following conditions are met: (Amended, Bill No. 2005-8) a) All such driveways, parking areas, turnaround areas, and sidewalks shall be set back no less than one foot from any lot line abutting another parcel, except that upon written request from the landowner, the Director may reduce or rescind this setback requirement for shared access agreements or with a finding of necessity and public . convenience; (Amended, Bill No. 2005-8) b) .All such driveways, parking areas, turnaround areas, and sidewalks shall be constructed with concrete, asphalt,. concrete pavers, brick set in compacted sand, or other material approved by the Director; (Amended, Bill No. 2005-8) c) No parking area shall be permitted in the front-yard area except as allowed by paragraph d); (Amended, Bill No. 2005-8) d) Within the front yard area,, vehicles shall only be parked on the driveway area; (Amended, Bil1No: 2005-8) e) Driveways, where located within the boulevard or the front yard area, are subject to the following requirements: Richfield City Code 518-2 Low-Density Single-Family (R-1) District 518:05 (i) They shall'not exceed 22 feet in width up to a maximum of . 35% of the'front yard area (curb cut radii excluded); (ii) Curb cut radii (five feet minimum) shall not encroach upon. . the boulevard of.abutting properties; .(iii) On: corner-lots, driveways shall be set back at least'30 feet from an intersection, as measured from the point where the extended curb lines of the streets intersect; (iv) Only one ,curb cut shall be permitted from a;public street to an interior lot. A corner lot may have one curb cut from each public. street;'provided the driveway setback requirement in item {iii) above is met; and " (v) Upon written request from the landowner, items (i), (ii), (iii), and' (iv) above "may be varied by the Director with a ,finding of necessity and public..convenience; (Amended, Bill:No. 2005-8) f) Any expansion or installation of a driveway, parking or turnaround area on a lot shall be subject to a city permit; g) -Any expansion; installation or replacement of a curb cut from a public treet'fo a lot shall::be subject to a city permit and any curb cut abandoned with the :installation of a new cut shall be extinguished " and replaced:with curb and `gutter according to specifications determined by the Director: of Public Works, except as`provided in (e) (iv); provided the curb cut meets all requirements of (e):and is'in • service for driveway or parking purposes; and (Added, :Bill No. 1999-3, Amended; Bill No. 2005-$) h) A turnaround area may be located within a front yard subject tq the requirements of this paragraph.The turnaround area is limited to the front yard of arterial and collector streets only. The turnaround area -' cannot exceed 150. square feet. The turnaround area must be contiguous to the driveway." (Added, Bill No: 2005-8) Subd. 7. The accommodation of one: roomer in addition o the family, provided that:. _ a) The roomer plus the farnily shall not exceed a total of five persons (see definition of family); b) 'Such arrangement does not constitute an accessory apartment;; and c) Adequate off-street parking is available: Subd. 8. Home occupations that are operated in accordance- with Section .509 of this code. : Subd. 9. Roof-mounted television antennas. ,. Richfield City Code 518-3 Low-Density Single-Family (R-1) District 518.05 Subd. 10. Minor public utilities. 518.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 547.09 of this code. Subd. 2. Bed and breakfast inns, provided the following conditions are met: a) No more than two rental rooms shall be provided; b) At least two off-street parking spaces (may include garage stalls) shall be provided for the residence, and at least-one offatreet parking space s l all be provided. on the lot for each rental room; c) Outdoor parking areas shall be screened with landscape materials; and d) The operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective. Subd. 3. Telecommunications towers are allowed only in the following residentially zoned areas: a) Towers supporting amateur radio antennas and conforming to all applicable provisions of Section 544.25 of this code shall be allowed only in the rear yard of residentially zoned parcels;. and b) Towers supporting commercial antennas and conforming to all applicable provisions of Section 544.25 this code shall be allowed only in the following residentially zoned locations: (i) Church sites, when camouflaged as steeples or bell towers; (ii) Park sites,-when compatible with the nature of thepark; and, (iii)Government, school, utility, and institutional sites, not including the public right-of--way. Subd. 4. Major public utilities. 518.09. Prohibited uses. Any land use not listed as permitted, accessory or conditional in this Section or subsection 512.05 is prohibited in the R-1 District unless the use is found to be substantially similar to a use listed, as determined by the city in accordance with Section 509.21 of this code. Richfield City Code 518-4 Low-Density Single-Family{R-1) District 518.11 • 518.11. Lot Area, dimensions and coverage. Subdivision. l . The. standards set out in - this subsection apply imthe R-1 District, -Subd. 2. Minimum lot area, dimensions and coverage. I Land use Lot area , ;Lot width (Lot depth ~ Max. lot j 'Maximum ~ ~ (sq. ft.) j (feet) ~ (feet) ~ coverage ~ .impervious ~ , ~ surface ~ Single-Family 10,000 k 75` ~^~-100 -.~ 35 % ~ 45 % ! Subd. 3. ~ecial grandfather clause for certain R=1 lots. A lot that was a lot of record on or before June 1, 1995, located in the R-1 District:which does not meet the minimum requirements set forth in this code as to area and dimensions, may be used for single-family. (detached). developmenYprovded that the width of such lot is notless than-50 feet and such lot contains at least'6,000 square feet in area. 517.13 Building setback and height. Subdivision l . Standards. The standards set out in this subsection apply in the R-1 District. Subd. 2. Building; setback and maximum height (measurements in feet):' -- ~ Use:- ~ _~ ~ Front ~ ~ Rear ~-~ Interior ' ~ Side '~~~ Maximum I Street / I Height Corner Side f ~ Single-family building ' 30 25 10 ~ 15 35 (but see Subd. 3 and 5) ' ~ ~ A~ccessory= garage (but ' 30 3 10 j ~12 ~ 14' si ee Subd. 3=6 (5 ifutiltty 1 ~ Accessory -non-garage i 0 easement) ~ _ 3 ~ { ~5 ~ ' ~..~ - 12 ~ 122 ~~ (but see Subd. 4 and 5) 3 ~ (5 if utility ' ~ ' € easement) ( ~ ' For garages, height.is measured on the-side of the building with the vehicle door. The'storage height above e parking area in a detached._garage cannot exceed six (6) feet in height. , , 2 For non-garage accessory structures, height is measured from the ground level to the highest point'of the roof. Subd. 3. Setback reductions for principal buildings., The following setback.- . reductions apply in the R-1 District: a) On a corner tot, the street /corner side setback requirement shall be the lesser of 15 feet or the established street side setback of the existing. principal building: on the same lot. In .any case the - provisions of paragraphs: c) and d) of this subdivision shall be . applicable; .Richfield City Code " 518-5 I Low-Density Single-Family Residential (R) District Section 518.13 b) With respect to dwellings existing on or before June 1, 1995, the interior side setback requirement may be reduced to not less than five --- feet for the purpose of constructing an attached garage or a two-car garage to replace asingle-car garage, provided the following conditions are met: (i)' A letter of consent signed by the owner of the property that abuts the interior lot line shall be submitted to the city; (ii) The garage shall be located a distance of not less than 15 feet from any building on an abutting lot; (iii) The width of the garage shall not exceed 22 feet, and the length shall not exceed 26 feet; (iv) A drainage plan hall be approved by the Engineering Department prior to issuance. of building permits. c) Windows or window units may project a maximum of 24 inches into a required front yard, street side yard, or rear yard of a dwelling, provided that the floor area is not increased by more than ten square .feet, however, in no case shall they be closer than eight feet from any - lot line; d) Those items classified as "not encroachmex-ts" in Section 509.09; e) In required front yards, covered porches attached to the principal building that extend no more than 10 feet, provided that the porch is no closer than 20 feet from the front lot line and that the design of the porch is approved by the Community Development Director. The Community Development Director must make the follow. ing findings to approve a porch encroachment up to 10 feet: (i) The exterior materials of the proposed porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling; (ii) The roof of the proposed porch is properly proportioned to and integrated with the roof of the dwelling and has no less than a 3/12 slope; (iii)The base of the porch is not open and its appearance is consistent with the base of the dwelling; (iv) At least 65 percent of the exposed porch facade is open or occupied by windows, screens, and/or doors of transparent material; the facade .constitutes the area from the floor level of the porch to the porch ceiling; and (v) Plans are prepared by a registered architect or reviewed by the a design advisor selected by the Community Development Department; The Director may attach_conditions to the approval of the porch encroachment as needed to make the required findings; and Richfield City Code Page 518-6 Low-Density Single-Family Residential (R) District _ Section 518.13 f) In required residential street /corner side yards, covered porches attached to the front of a principal building that extend no more than. 10 feet, provided that the porch is no closer than 20 feet: from the street side lot line and that the design of the porch is approved by the Community Development Director: The. Director must make the findings required by Section 518.:13, Subd: 3(e). The Director may attach conditions to-the approval: of the porch encroachment as needed to make the required.findings. (Added Bill No. T998-12) Subd. 4. Setback-reductions for residential accessory buildings. The following setback reductions apply in the R-1 District: RearLot Line ~._.~.---•-•-•-•1 a) '.The interior side setback requirement.for ~ - accessory buildings. located entirely five ormore ~ feet beyond the rear building line of the principal rear i 3'~! F building i building maybe reduced to three feet (Figure ~ Garage .line ; 12); and ~ -'r-~-- ~ -5--i---------- ~7 b) On'lots which provide alley access o the.-rear and Interior`; Hquse ! there is no utility easement, a detached garage Side may be located no less than`twa feet from-the rear dot Line ; i - lot line, provided that the setback requirement of: `- .Section 518.13, Subd. 6 of this code and all -•!-•-• ~•- building codes are met. ~-- Front Lot.Line Figure 12 Subd. 5.. Additional setback requirement: all structures located' on a corner lot that abuts -a key Corner lot lot. On a .corner lot which abuts a key lot, the -~ ~ "streetside^ street /corner side setback requirement of such ~ _ side lot line corner lot shall be equal to the: front setback of any w o _ ® ~ -equired existing principal building on the key lot or 30 feet, -~ setback whichever is less,'however, in no case shall such street side setback requirement be less than 15 feet. ~~ existlny .. :Key lot ® ! setback (Figure 13) #roM lot line curb Figure 13 Subd. 6. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear. >; setback requirement shall be not--less than;20 feet, except under the following .conditions: _ - ' a) , If a vehicle access door faces a street side lot line which abuts anon- . arterial or non-collector street, such street'side setbackxequirement Richfield City Code Page 518-7 Low-Density Single-Family Residential (R) District Section 518.13 shall,be not less than 15 feet; or b) If a vehicle access door faces a rear lot line which abuts an alley, such rear setback requirement shall be not less than 15 feet; or c) If a vehicle access door faces an interior side lot line on a lot that is less than 45 feet in width, such interior side setback requirement shall ~be not less than 15 feet. 518.15. Additional regulations. Subdivision 1. Standards. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Dimensions and floor area. Dwellings constructed after June 1, 1995 shall be a minimum of 24 -feet in length and width. for at least 50 percent of each distance as measured from. outside wall surfaces, and shall contain a minimum of 1.100 square feet of gross floor. area. Subd. 3. Garage planning. Building plans submitted after June 1, 1995 for new single-family dwellings shall include garage space for not less than two vehicles, or shall designate area(s) on the lot for future construction of such garage space that does not require any variances. For the purposes of this subdivision only, each vehicle shall require a garage space of not less. than 10 feet in width by 20 feet in depth. Subd. 4. Performance standards of Section 544. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 544 of this code. Subd. 5. Design and overlay districts. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. Richfield City Code Page 518-8 • SECTION 522 -TWO-FAMILY SIDEN RE TIAL DISTRICT (1VIR-1) 522.01 Purposes ....:.: ... .......:...:.:.........:......:.. .:.....:, ....::..:....:..,:.....:::..522-1 - 522:03 Permitted uses,,:..:..:...:: ....::,:..:..:........:::: ........: .....::::....:::.: ......`:::.522-1 522:05 Accessory building and-use regulations ...::: .....::......:::.: ...::::......::.:..522-1 .:522:07 Conditional uses .....::...:....: ........:.....::.......:.,:.:..:...... ......:::.....:::..522-4 522:09 Prohibited uses ...:..:::...:::.:.:, .....:: .: ......... ....:.:.......:.:.::::....:.....:....522=6 522:11 Lot area, dimensions and coverage .::: ......::. .:.: :.... .......:....:.:::....::.:...522-6' 522:13 Building setback and height .:::......::. :.:.....: .....:......::.:..::.:.:...::..:.:522=7 522.1'5. Additional regulations.:...` ..,::.... ......:.......:,: ..::..:.........:. ...:...:...:...::.522-11 522.01 Purposes. The purposes of the MR=1 District regulations are to reserve appropriately located areas for two-family residential .dwellings; preserve as many as possible of the desirable characteristics. of the single=family:residential district while permitting higherpopulation densities; provideopportunities for context-sensitive infill cluster housing development and the use of cluster housing as a transition between land uses, thereby allowing greater intensities and a:wider variety of housing types; minimize traffic congestion and avoid the overloading of utilities by preventing the construction of :buildings of excessive size (or density) in relation to the surrounding land, buildings, or :infrastructure; and to provide two-family residential areas that are safe, attractive and quiet., ..522.03. Permitted uses. Subdivision 1:' The uses listed in this subsection are permitted ' uses in the MR-1 District, Subd. 2. Two-family dwellings:. Subd. 3. Single-family (detached) dwellings, except manufactured `homes: ' Subd. 4. State-licensed;day care`.facility serving 12 or fewer persons, ora,group family day care facility licensed under Minnesota Rules, parts 9502.0315: to 9502:0445, serving 14 or fewer children. Care facilities located within the MR-1 District shall be subject to the same zoning regulations as two-family dwellings ' in the MR-1 °District. Sabd: 5: State-licensed residential care facility serving six or fewer persons, or a housing with services-establishment registered under M.S. 144D serving six or fewer persons. Care facilities located within the MR-1 District shall be subject to the same zoning regulations as two=family dwellings inthe'MR-1 District. 522.05: Accessory building and use regulations: Subdivision l . The uses listed in this subsection are allowable accessory uses in the MR-1 District. Subd: 2. In addition to the general accessory building provisions of Subsection . 509.09, the following rules apply- o accessory buildings in the MR-I District: Richfield City Code 522-1 Two-Family Residential (MR-1) District Section 522.05 a) The roof overhang leave projection) for accessory buildings shall not be located closer than two (2) feet from any lot line; b) No more than one (1) of each of the following shall be located on a residential parcel: detached garage, greenhouse, storage building or .gazebo; and c) No attached garage shall be greater in lot coverage than the dwelling unit to which it is attached. Subd. 3. Private garages (includes attached and detached) or carports that do not exceed 1,000 square feet in gross floor area, do not exceed an aggregate. of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot, and are constructed in accordance with Subdivision 2 of this subsection. Subd. 4. Greenhouses, storage buildings, and gazebos that do not exceed 175 square feet in, gross floor area, do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings. and attached garages. on,the lot, are constructed in accordance with Subdivision 2 of this subsection. Subd. 5. Private swimming pools as defined in Section 420 of the City Code, provided that such swimming pools and related equipment be located: a) At least ten feet from any rear lot line; b) At least ten feet from any interior side lot line; and c) At least 15 feet from any street side lot line. Subd. 6. Private driveways, parking areas, turnaround areas, and sidewalks for residential uses, provided the following conditions are met: (Amended, Bill No. 2005-8) . a) All such driveways, parking areas, turnaround areas, and sidewalks shall be set back no less than one foot from any lot line abutting another parcel, except that upon written request from the landowner, the Director may reduce or rescind this setback requirement for shared access agreements or with a finding of necessity and public convenience; (Amended, Bill No. 2005-8) b) All such driveways, parking areas, turnaround areas, and sidewalks shall be constructed with concrete, asphalt, concrete pavers, brick set in compacted. sand, or other material approved by the Director; (Amended, Bill No. 2005-8) Richfield City Code 522-2 Two-Family Residential.(MR-1)District Section 522.05 c) No parking area-shall be permitted in the-front yard-area except as . allowed by paragraph d); (Amended, Bill No. 2005-8) d) Within the front-yard area, vehicles shall only,beparked on the. driveway area; (Amended; Bill'No. 2005-8) e) Driveways, where located within'the boulevard or the front yard area, -are subject to the following requirements: (i) They shall not exceed 22 feet in width up to a maximum of 35% of the front.yard area (curb cut radii excluded); (ii) Curb cut radii (five feet minimum) shall not encroach. upon the boulevard of abutting properties; (iii) On corner lots, driveways shall be set back at least30 feet _ from an intersection, as measured from the point where the extendedcurb lines of the streets intersect; (iv) Only one curb cut_shall be permitted from apublic street to an interior lot. A corner lot may have one curb cut from each public street;=provided the driveway setback requirement in item (iii) above is met; and (v) Upon written request from the landowner, :items (i), (ii); (iii); and (iv) above maybe varied by tfie Director with a finding of necessity and public convenience; (Amended,':Bill No. 2005=8) f) Any expansion or installation of a driveway, parking or turnaround .:.area on a lot shall be subject to a city permit; g) Any expansion; installation or replacement of a curb cut from. a public street to`a lot shall"be subject to a.city permit and any- curb cute .abandoned with the installation ofa new cut shall be extinguished - and replaced with curb and gutter, according to specifications ' determined by the Director: of Public Works, except as provided in (e) `(iv), provided the curb cut meets. all requirements of (e) .and is in service for. driveway or parking purposes;: and '(Added, Bill No 1999-3, Amended, Bill No. 2005-8) h) A turnaround area may be aocated within a .front yard subject to the requirements of this: paragraph. The turnaround area. is limited to the front yard of arterial and collector streets only.. The turnaround area ~, cannot exceed 150 square feet: The turnaround area must be ` contiguous to the driveway. (Added, Bill No. 2005-8) . Subd. 9. Home occupations that-are :operated in accordance with Section 5'l l of thin code... Subd. 10: Roof-mounted television antennas. Subd. ll. Minor public utilities. Richfield City Code 522-3 Two-Family Residential (MR-1) District Section 522.07 522.07. Conditional uses: Subdivision 1. The uses listed in this subsection are conditional uses in the MR-1 District, and are subject to the conditional use permit provisions outlined in Section 546.09 of this code. Subd. 2. Cluster home developments, provided the following conditions are met: a) The design of the development must be compatible with the surrounding neighborhood in terms of building materials, architectural design, scale and mass of the structure, or other similar urban design characteristics; b) Landscaping must be provided. in accordance with the Performance Standards Section of this_code; c) Two off-street parking spaces, at least one of which must be enclosed in a garage,.: must`be provided for each dwelling unit. (Added, Bill No. 2002-11) d) There must be a minimum of 500 square feet of outdoor open space .provided on the lot per dwelling unit; e) The number and location of driveways and curb cuts shall minimize conflict with vehicular trafl=lc and should not adversely impact adjacent land uses; _ f) The density of the development may not exceed the density recommended in the comprehensive plan; and (Added, Bill No. 1996-22) Subd. 3. Public or private elementary and high schools, and other similar learning institutions provided the following conditions are_met: a) The use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; b) Pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; c) Outdoor .recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; d) Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and e) Lighted playing fields shall be permitted only upon demonstration that off-site impacts can be substantially mitigated. (Added, Bill No. 1998-10) Richfield City Code 522-4 Two-Family Residential (MR-1) District Section 522.07 Subd. 4. Religious institutions and related convents or parsonages, provided the • following conditions are met: a) The:use site shall abut'a eollector;or arterial street or be .located such that significant traffic will not be generated on local residential streets; b) Outdoor- facilities designed for groupactivities shall be set back at .least 40 feet from any lot line; and c) ,Buffering shall be: provided to'mitigate noise and adverse visual impacts on adjacent properties. (Added, Bill No.;1998-10) Subd. 5., Governmental buildings'and public libraries. Subd..6. Emergency shelters within non-residential buildings (e.g., schools or churches) provided the following conditions are met: a) The shelter shall serve no more than 16 persons at one time; and - b) Meals :for those served by: he shelter shall be prepared in a kitchen approved for commercial use. Subd. 7. State-licensed:day care facility, serving from 13 though 16 persons, provided the following conditions are met: . a) -Theuse site shall abut a collector'or arterial street or be located such 'that significant traffic will not be generated on local residential atreets; b) Designated pick-up and drop-off areas shall be located on the site; and c) ;Outdoor play areas shall be set back at least 15 :feet from zany lot line which abuts a residential parcel Subd. 8. State-licensed residential care facility serving from Tthrough 16 persons. Care facilities located within the MR-i District shall be subject to the same zoning regulations as two-family dwellings in the MR-1 District. Subd. 9. Telecommunications towers. Towers shall be allowed only in he following residentially zoned areas: a) Towers supporting amateurradio antennas and conforming to all applicable provisions of Section 54125 of this code shall be allowed only. in the rear yard of residentially. zoned parcels. b) Towers supporting commercial antennas and conforming to all applicable,provisions of Section 54.125 thiscode shall,be allovued -Richfield City Code 522-5 Two-Family Residential (MR-l) District Section 522.07 only in the following residentially zoned locations: (i) Church sites, when camouflaged as steeples or bell towers; (ii) Park sites, when compatible with the nature of the park; and, (iii)Government, school, utility, and institutional sites, not including the public right-of--way. Subd. 10. Major public utilities. (Amended, Bill No. 1998-10) 522.09 Prohibited Uses. Any land use not listed as permitted, accessory or conditional in this Section or subsection 516.05 is prohibited in the MR-1 District unless the use is found to be substantially similar to a use listed, as determined by the city in accordance with Section 51121 of this code. 522.11. Lot area, dimensions and coverage. Subdivision 1. Standards. The standards set out in this subsection apply in the MR-1 District. Subd. 2. Minimum lot area, dimensions and coverage. Land use --; -~ Lot area I Lot width ; Lot depth ~ Max. lot ~ Maximum j (sq.ft.) ~ (feet) E (feet) j coverage ~ impervious ~ j ` ~ I surface Single-family ~ 6,700 50 ~ ~ 100 ~ i i 45 35% o Two-family ~~ _ ~ 10,000 ~ 75 ~ _ __ _ 100 ~ _ .-=^ i 35 % R 45 % _~ ~ ~~' T~ _ _~ Cluster home ~I ~ ; ' ' ' .developments in R- ~ 2,900 E 60 100 j 35 % ! 75 % ~ SFH guided area ~ per unit ~ ___.. .. I Cluster home ----_ j j ; ~ i I ~ developments in ~ 4,000 60 100 ° ~ ° 35 /o 75 /o non-R-SFH guided ~ per unit ~ ~ i area { Non-residential __. _._-1 ~ 40,000 ._._ 150 _ i 100Y ~ ~.._ j~ 50 %~ 85 I. ' ___i Subd. 3. ~ecial grandfather clause for certain MR-1 lots. A lot that was a lot of record on or before June 1, 1995 located in the MR-1 District which does not meet the minimum requirements set forth. in this code as to area and dimensions, may be used for two-family development provided that the width of such lot is not less than 65 feet and such lot contains at least 8,500 square feet in area. Richfield City Code 522-6 Two-Family Residential (MR-1) District Section 522.13 • ~ ~~-- { Interio~ ~Street ~ Maximum Use Front ~ Rear ! Side Side ' Hei ht ~ Single-family (but i 30 ~ 25 10 15 25 see Subd. 3.and 5) wo-family (but see I I f' 30~ ~ ~ 25 10 ~ 15~ ~ 25 ' Subd. 3 and 5) ~ Cluster home I j_ 50 ft. from - ~ developments in R- centerline 25 10 15 25 (but see SFH guided area of ` ~ Subd. 7) (but see Subd. 3 and originally ~ ! 5) platted ~ I street , _ ..r_ _ 1_ i 3 ~.~ ~,~ Cluster home ( 30 25 10 ~ 15 ~ 25 (but see' ~ developments. in ~ Subd. 7) ~ non-R-SFH guided ~ ~ ) , area (but see Subd. 3 ( ~ ~ ~ and 5)' ~ f ~ ~ essory -garage 30 3 10 ~ 15 i 25 (but ee Subd. 3 - 6) ~ ( (5 if utility j ~ ._.~_ ~ ~ . ~ easement) ~ .~ Accessory-non-. . . _. .__. . 3Q .. 0 10 15 12 garage less than 120 square feet (but see (5 if utility "easement) ~ ~ f 'Subd 3) -. ~ F ~ ____._,-_.~ I .____, ~ L_._... ...~ ~- -- Accessory non- . 30 I _ 3 10 ~ 15 ~ 4~ - 1 ~ ,garage structure (but ~ (5 if utility. ~ i see Subd, 4 and 5) i __ _ ~ ~ ~ ) easement ~- _.___ _...... Non-residential j _.-_~....~_ . 40 ( 30 ~ ~30 30 42 building (but see ~ i Subd 5) I ~ . ~ L.~.--- __ ~ ~ Accessory building to non-residential ~ 40 ; i 10 10 30 ~ ~ _ .1`52,3 j use (but see Subd. 5) ; ~ ~ ~ Setbacks for cluster home developments shall apply to he perimeter of the development. Setbacks betweenattached and detached units within a cluster home development must comply with applicable ` building and fire codes. (Added, Bi11 No. 1996-22) z For garages, height is measured on the side of the building with the vehicle door. The storage height - above the parking area iri a detached garage,cannot exceed six (6) feet in height. s For non-garage accessory structures, height is:measured from: the ground level to the'highest point of the roof. -_ -" Richfield City Code 522-7 .522.13. Building setback and' height. Subdivision l . -Standards. The standards set out in this s ubsection apply in the MR-1 District. Subd. 2. Building setback and.maximum hei ght (all,measurements i n feet): Two-Family Residential (MR-1) District. Section 522.13 Subd. 3. Setback reductions for principal buildings. The following setback reductions apply in the MR-1 District: a) On a corner lot, the street side setback requirement shall be the lesser of 15 feet or the established street side setback of the existing principal building on the same lot for single-family, two-family and cluster home development structures; (Amended, Bill No. 1996-22) b) The front setback requirement for a new single-family dwelling, two-family dwelling or cluster home on a lot may be reduced to not less than the average existing front setback of the dwelling(s) which front on the same street and abut such lot, to a minimum setback of 20 feet; (Added, Bi11 No. 1996-22) c) With respect to single-family homes existing on or before June 1, 1995, the interior side setback requirement may be reduced to not less than three feet for the purpose of constructing an attached garage or a two-car garage to replace asingle-car garage, provided, the following conditions are met: (i) A letter of consent signed by the owner of the property .that abuts the interior lot line .shall be submitted to the city; (ii) The garage shall be located a distance of not less than eight feet from any building on an abutting lot; (iii) The width of the garage shall not exceed 20 feet, and the length shall not exceed 26 feet; (iv) The garage wall most parallel and adjacent to the interior -lot line shall have no more than gone-foot roof overhang leave projection); (v) The garage wall most parallel and adjacent to the interior lot line shall be constructed with no openings, and with .materials which provide a one hour fire rating; and (vi) A drainage plan shall be approved by the Engineering Deparhnent prior to issuance of building permits. s d) Windows and window units may project a maximum of 24 inches into a required front yard, street side yard, or rear yard, provided the floor area of the dwelling is not increased by more than ten square feet, however, in no case shall they be closer than eight feet from any lot line; and e) Those items classified as "not encroachments" in Section 511.09. f) The setback requirements for cluster home developments may be reduced to 25 feet in the front and 12 feet in the rear if the following criteria are met: (i) The applicant can demonstrate that a superior design is achieved through the reduced setback. Evidence of a superior design may include but is not limited to the Richfield City Code 522-8 Two-Family Residential (MR-1) District. Section 522:13 preservation of a natural`feature, creation of an amenity, • creation of public open space, or incorporation of special features to "meet the needs of the .target population; (ii) The. reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or -other similar impacts; and (iii) The. impact of the reduced setback is minimized through the ," presence of features such as landscaping or other means of buffering, a. invited number of building openings in the portion of the structure that infringes upon the setback, , building orientation, minimized.. garage .door dominance or other. similar features. (Added, Bill No. 1.996-22) g) In required residential front yards, covered porches attached to the :principal building that extend no more than 10' feet,. provided that the porch is no closer than 20 feet from. the front lot`line and that the design of the porch is approved by the Community Development Director. The: Community Development Director must make the following findings to approve a, porch :encroachment up to IO feet: - (i) .The: exterior materials of the proposed porch are consistent. or complementary in color, texture and quality with those visible at the front of the dwelling; (ii) The-roof of the proposed porch is properly proportioned to,, and integrated with.the roof of the dwelling and has no less. . than a 3/12 slope; (iii) The base of the porch is not open and its appearance is consistent with the base of the dwelling; {iv) At least 65 'percent of the exposed porch facade is open br occupied by windows, screens, and/or doors of ransparent ~ . " material;.-the facade constitutes the area`from he floor level of the porch to the porch, ceiling;.. and. (v) Plans are .preparedby a.registered architect .or reviewed by the a design advisor selected by the Community Development Department;' The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings; and (Added,:B11 No. 1998-12) h) In required residential street side yards, covered porches attached to the -front of a principal building that extend no more than 10 feet, - prodded thatthe.porch is no closer than 20 feet from the "street/ corner side lot: line and that the design of the porch is approved_by the Community Development Director. The Director must make the findings required by Section 522.13, Subd. 3. The Director may attach conditions to the approval ofthe porch encroachment as needed to make the required findings. (Added, Bi11 No. 1.998-12) I Richfield City Code 522-9 Two-Family Residential (IvIR-1) District Section 522.13 Subd. 4. Setback reductions for residential accessory buildings. The following setback reductions apply in the MR-1 district: a) The interior side setback requirement for accessory buildings located entirely five or more feet beyond the rear building line of the principal building may be reduced to three feet. b) Rear Lot Line ~._.~._._._._._.i i i i ~ rear i 3~~! ~' building i Garage line ! i y-i- .. i 5:.i.......... . i '~ i House i Interior Side i i Lot Line i ~ On lots which provide alley access to the rear and there is no -• '-•-• `•- -Front Lot Line utility easement, a detached garage may be located no less Figure 14 than two feet from the rear lot line, provided that the setback requirement of Section 522.13, Subd. 6, of this code and all building codes are met. Subd. 5. Additional setback reauirement: all structures located on a corner lot that abuts a kew lot. On a corner lot which abuts a key lot, the street side setback requirement of such corner lot shall be equal to the front setback of any existing principal building on the key lot or 30 feet, whichever is less, however, in no case shall such street side setback requirement be less than 15 feet. Corner lot * - --__ - _ -_-_- _.~ " " I streetside ~ e side lot line ® `? ~ required -~I setback -~ ~ e lro 9 Key lot ® f t setback frost lot line ~ curb Figure 15 Subd. 6. Additional setback reauirement: vehicle_access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet, except under the following conditions: a) If a vehicle access door faces a street side lot line which abuts anon- arterial or non-collector street, such street side setback requirement shall be not less than 15 feet; or b) If a vehicle access door faces a rear lot line which abuts an alley, such rear setback requirement shall be not less than 15 feet; or c) If a vehicle access door faces an interior side lot line on a lot that is less than 45 feet in width, such interior side setbackrequirement shall be not less than 15 feet. Richfield City Code 522-10 Two-Family Residential (MR-1),District Section 522.13 Subd. 7: Additional height for non-residential buildings. The following. height • exceptions apply to non.-residential buildings. in the R District:. a) The maximum building height may be increased` to no more than 75 feet,provided that the required setbacks shall be increased by one .foot for each. foot of building height in _excess:of 42 feet; and - b) Notwithstanding paragraph a) above, the maximum height for .towers, spires, or water tanks may: be increased to no more than 15:0- feet provided-that such structure does not- exceed 15 percent lot coverage or.1,600 square feet in gross area at the base, .whichever is -less. Subd.,8. Maximum height increase for.cluster housin dg evelopments. The. maximum height for primary buildings_,in a cluster housing developments may be increased one footfor every foot the primary building is located from the 25 foot rear set-back, up to a maximum of 35 feet, if the increased height is inharmony with the surrounding neighborhood and if the increased height does not. adversely affect the surrounding neighborhood in terms of a decrease in privacy,. noise, overcrowding, or other similar: impacts. (Added, Bi11 No. 1.996-22; Amended, Bill No. 2002-11) " 522.15. Additional regulations. Subdivision' 1. Standards. `Developments shall be _ constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Dimensions and floor.area. Single-family and two-family dwellings • constructed after June 1, 1995, shall be a minimum of 24 feet in length and width for at least 50 percent of each distance as measured from outside wall surfaces, , and shalt contain a minimum of960 square feet of gross floor area per unit. Dwellings in cluster housing developments shall be a minimum of 16 feet in width for attached units. (Amended, Bill No: 1996-22) Subd. 3. Outdoor Open Space Requuirement. -There shall be a minimum of 600 square feet of outdoor open space provided on the lot-.per dwelling unit in the MR-1 District. This requirement shall': be increased by 100_ square feet for each bedroom in excess of two -per dwelling unit. `- Subd. 4. Garage planning. Building plans submitted after June 1; 1995. for new single-family dwellings shall include; garage space for"not-less than two vehicles, or shall designate area(s) on thelot for future construction of such garage space that does not require any variances. For the purposes'of this subdivision only, each vehicle-shall require a garage space of not less than 10 feet im width. by 20 feet in depth. Subd. 5. Parking requirement. For two-family, twin-home dwellings and `cluster home developments; there shall be provided on the site at`least two parking spaces per dwelling unit, of which at least one. space per.dwelling-shall be .enclosed in a garage. (Amended,-Bill No. 1996 22) - • Richfield'City Code 522-11 Two-Family Residential (MR-1) District ~ Section 522.15 ~Subd. 6. Performance standards of Section 54L Developments shall be constructed and maintained in accordance with the, applicable performance standards set out in Section 541 of this code. Subd. 7. Design or overlay districts. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. Richfield City Code 522-12 i . SECTION 525 -MULTI-FAMILY RESIDENTIAL DISTRICT (MR 2) 525:01 Purposes ...::.:,.........:: :::.:.. ........: .....::....:.:.:c : ........:...:.:::..:....::..525-1 525.03 Permitted uses-... .. .. .525-1 525.05 Accessory building and use regulations .....::.....:...: .....:::: ...........::.....525-1 525:07 Conditional uses......;..:.......:: ..:::..:....:::......:...: ....::::.....:.:.::...::.:..52.5-2 ..525.09 Prohibited-uses .....:.: .................:..::..:.....:.:..: .....:.::..::.:.:.:.:...:.:.525-4 525.11 Dimensional and parking regulations for rnulti-family structures (excluding cluster home developments) .....:. . .....:.. .: ....... ..::..:...:....:..525-5 525.13 Dimensional and parking regulations'for cluster home developments ..:::..525-6 525.15 Dimensional regulations for non-residential uses ..:..........:......:.:..........525-8 525.1.7 ..Additional regulations : .............:.:'.:::...:.. .....:':.. ......:::.....::.......:..:.525=8 ::.525.01. Purposes. The purposes of the MR-2 District regulations are to reserve ' appropriately located areas for multi-family dwellings; preserve as many as possible of .the desirable characteristics of the single-family residential district while permitting higher population. densities; provide opportunities for infill cluster housing development, hereby allowing•greater intensities and a wider variety of housing types; minimize- traffic congestion and avoid the overloading of utilities- by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land,-buildings, or infrastructure; and to provide multi-family residential areas that are safe and attractive. 525.03. Permitted uses.. Subdivision 1: The uses listed in this subsection are permitted :...uses in the `MR-2 District: Subd. 2. Multi-family,dwellings (excluding .cluster home dev~lo~ments) with'. eight or fewer units: (Amended, Bill No. 1996-22) Subd. 3. State-licensed day-care facility serving 12 or fewerpersons, or a group family day care facility licensed. under Minnesota Rules, parts 9502:031'5 to 9502.0445, serving 14 or'fewer children. Care facilities located within the MR-2 District shall be subject to the same zoning regulations as multi-family dwellings in the MR-2 District. Subd. 4.. State-licensed residential care facilities serving up to 6 persons or a ` housing with services establishment registered under M.S..144D serving up to 6 persons. Care facilities located in the MR-2 District shall be-:subject to the same _ zoning regulations as multi-family dwellings in the MR-2 District. 525.05. Accessory building and use regulations. Subdivision 1. The uses permitted in this subsection are>allowable accessory'uses in the;MR-2 District: Subd.:2. In addition to .the general accessory building provisions of Subsection _ 509:09, the following rules. apply to accessorybuildings in the MR-2 District. Richfield City Code - '525-1 Medium-Density Multi-Family (MR-2) Residential 525.05 a) The maximum height for accessory buildings shall be 15 feet; b) For non-garage accessory structures, height is measured from the _ ground level to the highest point of the roof. For garages, that measurement is taken on the side of the building with the vehicle door; and c) Accessory buildings shall be set back a minimum of 10 feet from any rear or interior side lot line, except that if a vehicle access door .faces a rear or interior side lot line, such rear or interior side. setback requirement shall be not less than 20 feet; _ Subd. 3. Open parking or garages as approved through Site Plan Review. Subd. 4. Swimming pools subject to Section 420 of the city code, tennis-courts, and similar recreational facilities. Subd. 5. Storage buildings designed for common use by residents or members of the homeowners association or similar organization, or for use by the maintenance staff for storage or as a workshop associated with normal upkeep of the property. Subd. b. Home,occupations that are operated in accordance .with Section 509 of this code. Subd. 7. Roof-mounted television antennas. Subd. 8. Minor public utilities 525.07. Conditional uses.. Subdivision 1. The uses listed in this subsection are conditional uses in the MR-2 District, and are subject to the conditional use permit provisions outlined in Section 547.09 of this code. Subd. 2. Multi-family dwellings with nine to 25 units. Subd. 3. Cluster home developments, provided that the following conditions are met: a) The design of the development shall be in harmony with the surrounding neighborhood in terms of building materials,. architectural design, scale and massof the structure, or other similar .urban design characteristics;. b) Two off-street parking spaces, at least one of which must be enclosed in a garage, shall be provided for each dwelling unit. (Added, Bill No. 2002-11) c) The number and location of driveways and curb cuts shall minimize - conflict with vehicular traffic and should not adversely impact adjacent land uses; Richfield City Code 525-2 Medium-Density Multi-Family (MR-2) Residential 525.07 d) The density of the development shall not exceed the.-density • recommended in the comprehensive plan. (Added, Bi11 No, 1996-22) Subd. 4. Public or private elementary and high schools, and other similar -. learning institutions, provided-the following conditions. are met: a) The use site shall. abut a collector or arterial street or be. located such _ that significant traffic will not be generated om local residential ...streets; b): Pick-up and drop-off areas shall be'designed to enhance-.vehicular and pedestrian safety; c) .Outdoor recreational facilities designed for group activities shall be :set back at least 40 feet from any lot line; d) Buffering shall be provided o mitigate noise and adverse visual impacts on adjacent properties; and ~' e) Lighted playing. fields shall be permitted only„upon demonstration that off-site impacts can be substantially mitigated. (Added, Bill'No. 1998-10) Subd. 5. Religious institutions:and related convents or parsonages, provided the following conditions are.met:. - . • a The use site shall abut a collector or arterial street or be located such that significant traffic will`not be generated on local residential streets; b) Outdoor facilities designed,for group activities shall be setback at least 4'0 feet from any lot line; and:' c) Buffering-shall be provided-to mitigate noise and adverse visual impacts on adjacent properties. (Added, Bill No. 1998-10) Subd. 6. Governmental buildings and public .libraries. Subd. 7. Emergency shelters within non-residential. buildings{e.g., schools or . churches) provided the following conditions are met: a) The shelter shall serve no more than 16 persons atone time; and b) Meals for those served by the shelter shall be prepared in a kitchen approved for commercial use. `" Subd. 8..State-licensed day care facilities located in common areas ofmulti- famly buildings serving up to 16 persons provided that designated pick-up and drop=off areas shall be located on the site.: i - Richfield CityCode - 525-3 - Medium-Density Multi-Fa.~nily (MR-2) Residential 525.07 Subd: 9: State-licensed residential care facility serving from 7 to 16 persons. Care facilities located within the MR-2 District shall be subject to the same zoning regulations as multi-family dwellings in the MR-2 District. Subd. 10. Telecommunications towers. Towers shall be allowed only in the following residentially zoned areas: a) Towers supporting amateur radio antennas and conforming to all applicable provisions of Section 544.25 of this code shall be allowed only in the rear yard of residentially zoned parcels. b) Towers supporting commercial antennas and conforming to all applicable provisions of Section 544.25 this code shall be allowed only in the following residentially zoned locations: (i) Church sites, when camouflaged as steeples or bell towers; (ii) Park sites, when compatible with the. nature of the park; and, (iii)Government, school, utility, and institutional sites, not including the public right-of--way. Subd. 11. Major public utilities. (Amended, Bill No. 1998-10) 525.09 Prohibited Uses. Any land use not listed as permitted, accessory or conditional in this Section or subsection.512.05 is prohibited in the MR-2 District unless the use is found to be substantially similar to a use listed, as determined by the city in accordance with Section 509.21 of this code. Richfield City Code 325-4 Multi-Family Residential (1VIIt-2) District Section 525.11 525.11 Dimensional-and narking regulations for multi-family structures (excluding. . cluster home developments). Subdivision 1. The standards set out in this subsection apply in the MR-2 District. Minimum T5,000 sq, ft. lot size Minimum 2;5:00 square feet per unit,- adjusted as follows: lot area a) For each parking. stall under the multi-family structure or underground, ..subtract 500 square feet. per: dwelling: unit;from the minimum. lot area per dwelling unit, but the total number of such subtractions shall not exceed the number of dweling,units. b) For each. bedroom in excess: of two in any one dwelling unit, add 500 s uare feet to the- minimum lot area: er dwellin unit. Minimum 7S feet lot width Minimum a) Efficiency - 400 square feet per unit: floor area . b) One-bedroom.- 550 square feet per unit. c) Two-bedroom.- 750 square feet per .unit. d) More than two bedrooms -add 150 square. feet per bedroom to that required for a two bedroom dwellin -unit. ..Maximum. 35 feet buildin hei ht :Maximum 30 lot coverage (principal structure Outdoor a) Two or fewer bedrooms: open-space 325 square feet minimum per dwelling unit... requirements b) Three or more bedrooms: 425 square feet minimum per dwelling unit: c) Balconies and porches with at least 70 square feet and seven feet-in width which are directly accessible by individual dwelling units may be counted as contributing 1:75 square -feet to the outdoor open space requirements listed above: Minimum a) Front:' 30 feet:.. setbacks b) Sde_ i) Interior: the heightof building or 20 feet, whichever is greater. ii) Street:. 30 feet c) , Rear:. the height of building or 25 feet, whichever is greater Medium-Density Multi-Family (MR-2) Residential 525.11 Subd. 2. Minimum parking for. multi-family structures (excluding cluster home develompents): Two off-street parking spaces shall be provided for each dwelling unit. The Council, at its discretion, may reduce the minimum required parking to not less than 1.5 parking spaces per unit for multi-family structures with seven or more units, after consideration of factors including but not limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics. In addition, the Council may further reduce the parking requirement for senior housing complexes. 525.13. Dimensional and narking regulations for cluster home developments. Subdivision 1. The standards set out in this subsection apply to cluster home developments in the MR-2 District. Minimum a) Three-unit structure in area not designated as "High lot area Density Single-Family. Residential" in the city's comprehensiveplan: 3,500 square feet per unit. b) Four-unit structure in area not designated as "High Density Single-Family Residential" in the city's. comprehensive plan: 3,000 square feet per unit. c) Three or four-unit structure in area designated as "High Density Single-Family Residential" in the city's comprehensive plan: 2,900 square feet per unit. d) Five or more unit structure: 2,500 square feet per unit. Amended, Bill No. 2002-11 Minimum 60 feet. lot width Minimum a) One-bedroom - 650 square feet per unit. floor area b) Two-bedroom - 850 square feet per unit. c) Three or more bedrooms - 1,000 s uare feet er unit. Maximum 35 feet. buildin hei ht Maximum 35 percent. lot covers e Outdoor a) Two or fewer bedrooms: 325 square feet minimum per open space dwelling unit. requirements b) Three or more bedrooms: 425 square feet minimum per dwelling unit. c) Balconies, porches and decks with at least 70 square feet in area and six feet in width which are directly accessible by individual dwelling units may be counted as contributing 70 square feet to the outdoor open space re uirements listed above Richfield City Code 525-6 Multi-Family Residential (MR-2) District Section 525.13 Subd. 2.; Setback requirements for cluster:home developments (in feet): (Amended; Bi11 No. 2002-11) Subd. 3. Setback reductions: the setback requirements fo"r cluster home developments may be reduced to 25 feet in the front, five feet for the side interior and 12 feet in the. rear if the following criteria are met: aJ The applicant can demonstrate that~a superior:design is`achieved through the reduced. setback. Evidence of a superior design may:.... include but is not limited o the preservation of a natural feature, creation of an amenity, creation of public`open space, or incorporation of special features to meet the needs of the target population; _ b) The reduced setback does not adversely affect the surrounding neighborhood. in terms of a .decrease in: privacy,: noise, overcrowding, or other similar impacts;. c) The impact of the reduced setback is minimized through the presence of features such as landscaping or other means of buffering,. a limited number of bulding'openings in the portion of - the structure-that infringes upon, the setback, building orientation, _ minimized garage door. dominance; or other similar- features. Subd. 4. Minimum parking for cluster home developments; Two off-street parking spaces, at least one of which shall 6e in agarage, shall be.provided fore. each. dwelling unit. The Council, at its discretion, may reduce the minimum -required parking to not less than 1.5 parking spaces per unit after consideration - of factors including but not limited to the present or future availability of transit services, shared parking,. pedestrian orientation, and occupancy characteristics. - In addition, the Council may -further reduce the:.parking requirement for projects designed to serve. seniors. (Amended, Bill No. 1996-22) Richfield City Code 525-Z 7 J - Multi-Family Residential (MR-2) District Section 525.15 .525.15. Dimensional regulations for non-residential uses. Subdivision 1. Standards. The standards set out in this subsection apply to non-residential uses in the MR-2 District. Minimum lot size Minimum lot width Maximum lot covera a Maximum building hei ht Minimum setbacks 15,000 75 feet 30 % 35 feet a) Front: 30 feet. square feet b) Side: i) Interior: 20 feet ii) Street: 30 feet c Rear: 25 feet. 525.17. Additional regulations. Subdivision 1. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Limit to number of efficiency. No more than 20 percent of the dwelling units. in any one building shall be efficiency dwelling units. Subd. 3. Performance standards of Section 544. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 544 of this code. Subd. 4. Design or overlay districts. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. Richfield City Code 525-8 E. S CTION 527 -HIGH-DENSITY RESIDENTIAL DISTRICT (n~2-3) 527.01.... Purposes .:..........::,::.....::. .::...:.. ...:.: ........... ...:::.:...:::...:...:::.::..527-.1. 527.03 :Permitted uses .. .::..........:;:.:: ....:........:.....:..:..:...:..:.....:.....:...:.......527-'1 527:05 Accessory building and use regulations .....:: ....:.::: ........ ......::.::,........527-1 527:07 Conditional uses .......:` ...: .:.:. .....:.:....::::..............:......:.:..::..:.......527-2 527,09 Prohibited uses : ...:........:.... ....:...:....,...:....:..:: .:::..... ..:....::. ....:..:.:527-4 527.11 Dimensional and parking regulations for multi-family structures..: ..:....::.:527-5 527.13 bimensional regulations for non-residential uses ::::....:: :......:.:.: .:::::...:527-6 527.15 Additional regulations . ....::,:......::: ......::.....:::. ....:...: .....:... ..::.:..:527-6 .527.01. Purposes. The purposes of the MR=3 District regulations :are. to reserve. appropriately located areas. for family living in a variety of types of dwellings at a 'reasonable-range of populatiomdensities preserve as many as possible of the desirable characteristics ofthe single-family district, while permitting~higher population .densities; ...provide space for semi-public facilities needed to complement urban .residential areas and space"-for institutions that require a residential environment; minimize raffle congestion-and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding infrastructure; and to provide . multi-farriily residential areas that are-safe and attractive. ~` . 527.03. Permitted-uses. Subdivision 1. The uses listed in his subsection are permitted -uses in the MR-3 District. Subd. 2. Multi-family dwellings with 20 or fewer units. Subd. 3. State-licensed day care-facility serving 12 or~fewer persons, or a group family day care facility licensed under: Minnesota Rules; parts 9502.0315 to 9502:0445, serving 14 or fewer children. Care facilities located within the; MR-3. District shall be subject to the same zoning regulations as multi-family dwellings in the MR-3-District. Subd. 4. State-licensed residential care facilities serving up to 6 persons or a housing with cervices establishment registered under 1V1.S. 144D serving up to 6 persons. Care facilities located in the MR-3 District shall be subject to the same. zoning regulations as multi-family dwellings in the MR-3 District: 527.05: Accessory buildings and use regulations. "Subdivision 1. 'The uses permitted in this subsection are. allowable accessory uses in the MR=3 District. Subd:"2. In addition to the general accessory building provisions of Subsection 509.09, the following rules apply to accessory buildings in-the MR-3 District: a) The maximum height for accessory buildings shall be 15 feet; Richfield City Code 527-1::" High-Density Multi-Family (MR-3) Residential 527.05 b) For non-garage accessory structures, height is measured from the ground level to the highest point of the roof. For garages, that measurement is taken. on the side of the building. with the vehicle door; and c) Accessory buildings shall be set back a minimum of 10 feet from any rear or interior side lot line, except that if a vehicle access door faces a rear or interior. side lot line,. such rear or interior side setback requirement shall be not less than 20 feet. Subd. 3. Open parking or garages as approved through site plan review. Subd. 4. Swimming pools subject to Section 420 of the city code, tennis courts, and similar recreational facilities. Subd. 5. Storage buildings designed for common use by residents or members of the homeowners association or similar organization, or for use by the maintenance staff for storage or as a workshop associated with normal upkeep of the property. Subd.. 6. One. leasing, sales, or management office per development, provided it is used solely for leasing, sales, or management of units within .the development, does not exceed 2,000 square feet of floor area, and is an integral part of the development. Subd. 7. Home occupations that are operated in accordance with Section 509 of this code. Subd. 8. Roof-mounted television. antennas Subd. 9. Minor public utilities.... 527.07.. Conditional uses. Subdivisionl. The uses listed in this subsection are conditional uses in the MR-3 District, and are subject to the conditional use permit provisions outlined in Section 547.09 of this code. Subd. 2. Multi-family dwellings with more than 20 units. Subd. 3. Accessory state-licensed foster family homes serving more than three children, or otherwise permitted by law. Subd. 4. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) The use site shall abut a collector or arterial street or be located such that significant traff c will, not be generated on local. residential streets; Richfield City Code 527-2 High-Density Residential (MR 3) District Section 527.07 b) Pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; c) Outdoor recreational facilities designed for. group activities -shall be set-back at least 40~ feet. from ;any lot line; d) Buffering shall be provided to mitigate noise. and adverse visual impacts on adjacent properties; and e) Lighted playing fields shall be permitted.only. upon. demonstration that off-site impacts can be substantially mitigated.- (Added, Bill No: - 1998-10) Subd.-5. Religious institutions and- related convents orparsonages, provided the following-conditions are,met: a) The use site shall abut a collector or arterial street orbe located such that significant traffic will not be generated on local residential streets; b) Outdoor facilities designed for group activities shall be-set back at least 40 feet from any lot litie; and c)'Buffering shall be provided to mitigate noise and adverse visual • :'impacts. on adjacent properties. (Added, Bill No. 1998-10) . Subd. 6. Governmental buildin sand ublic libraries. __g p . Subd. 7. Emergency shelters within non-residential buildings (e.g, schools or " churches). provided the, following conditions-area met: a) The shelter shall serve no more than 16 persons at one time;;and: b) Meals for those served by the shelter shall be prepared in a kitchen approved for. commercial use. Subd. 8. State-licensed day care facilities located in common areas'of multi- family, buildings serving up to l6 persons provided-that designated pick-up and drop-offareas shall be located on the'site. "-Subd. 9. State licensed residential care facility serving from 7 to 16 persons. Care facilities located within the MR-3 District shall be subject o the same zoning regulations as multi-family dwellings in the MR-3 District. Subd. 10. Telecommunications towers. Towers shall be allowed only in the following residentially zoned areas: _ a) Towers, supporting amateur radio antennas and conforming to all applicable provisions. of Section 544.25 of this code shall be allowed . only in the rear.yard of residentially zoned parcels. Richfield. City Code 527-3 High-Density Residential (MR-3) District Section 527.07 b) Towers supporting commercial antennas and conforming to all applicable provisions of Section 544.25 this code shall be allowed. __ only in the following residentially zoned" locations: (i) Church sites, when camouflaged as steeples or bell towers; (ii) Park sites, when compatible with the nature of the park; and, (iii) Government, school, utility, and institutional sites, not including the public right-of--way. Subd. 11. Major public utilities: (Amended, Bill No. 1998-10) 527.09. ~ Prohibited uses. Any land use not listed as permitted, accessory or conditional in .this chapter or subsection 512.05 is prohibited in the MR-3 District unless the use is found to be substantially similar to a use listed, as determined by Section 509.21 of this code. - r. . High-Density Residential(IyIR-3) District Section 527.11- 527.1E Dimensional and parlang-regulations for,multiAle-family structures. . Subdivision 1. The standards set out in this subsection apply in the MR-3 District. Minimum _ 60,000.. sq. ft. lot size Minimum 2,000 square feet per unit; adjusted as follows: -lot area. - a) For each parking: stall under the multi-family. structure or underground, subtract SUO square feet per dwelling unit from the, minimum lot area per dwelling;unit, but the total number of such subtractions shall not exceed the number of dwelling units. b) For-,each bedroom in excess of two in :any one dwelling unit, add SOO square feet to the minimum lot area per dwelling unit. Minimum 150 feet -lot width ~. - Mnimum a) Efficiency - 400-square. feet per unit. floor area b) One-bedroom =:550- square feet per unit. c) Two-bedroom - 750 square feet per unit'. d) More than two bedrooms - add.150 "square: feet per bedroom to that required fora two bedroom dwelling unit. Maximum.: 50 feet building hei ht .'Maximum 30 % : _ lot coverage (Principal structure Outdoor , a) Two or fewer bedrooms: open space 300 square feet minimum per dwelling unit. requirements b) Three or more bedrooms: 400 square feet minimum per dwelling unit.. c) Balconies and porches with at least 70 square feet and seven feet in width which are directly accessible by individual.dwelling units maybe counted as contributing 150 square feet to-the outdoor-open space requirements listed above. Minimum a) Front: 40-feet. setbacks. b) °Side i) :Interior: the height of building or 30"feet, whichever is .,.,greater. ii) Street:- 40 feet c) Rear: The height of building or 35 feet, whichever is eater High-Density Residential (MR-3) District Section 527.11 Subd. 2. Minimum parking Two off-street parking spaces shall be provided for __ each dwelling unit. The Council, at its discretion, may reduce the minimum required parking to not less than 1.25 parking spaces per unit for multi-family - :structures with 10 or more units, after consideration of factors including but not- limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics. In addition, the Council may further reduce the parking requirement for senior housing complexes: 527.13. Dimensional regulations for non-residential uses. Subdivision 1. The standards set out in this subsection apply to non-residential uses in the MR-3 District. Minimum lot size ~ ~ Minimum lot width ~ ~ Maximum lot coverage Maximu~~~m ~-~ building height ~ Minimum setbac--_- ' I 60,000 ~ 150 feet ~ 30 % i 50 feet ~ a) Front: 40 feet. ~ square feet f ~ I ~ ( b) Side:- i) Interior: 30 feet I j ~ ~ ii) Street: 40 feet __:____.._.____~ W.__.. f ~...._ ~...._......~ _ ~ c Rear: 35 feef. (Added, Bill No. 1998-10) 527.15. Additional regulations. Subdivision 1. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Limit to number of efficienc~ts. No more than 25 percent of the dwelling units in any one building shall be efficiency dwelling units. Subd. 3. Performance tandards of Section 544...Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 544 of this code. Subd. 4. Design or overlay districts. All property located within a design district or corridor overlay district shall be subject to such district's additional. requirements and/or'modifications. Richfield City Code 527-6 • I C D ISTR CT S-O E SECTION 529 -ZONING: SERVICE OFFI 529.01 Purpose .. ,:...::.. .:..,...........:. :: .....:...::.::::......:.. ......:: ...:.:.:.......::..529-1 529.03 Permitted uses :. .::..::....:.:::::...:..:......:::.........:...:..::.,:.:.:.......::....529-1 529.05 Accessory building and use: regulations..:.:..,....:..: ::. .....::: .....::........:...529-2 529.0? Conditional uses ...:: .::.....:..:. ....:.:....:.::::......::.......:.. .::::..:..:...:....:529-2 529:09 Prohibited uses ........:...:.....::. .....:........:.:.....:... ....:.:.. .....:.::....,..:...529-3 529.11 Dimensional requirements :.... ......::: .....::: ....::.....:...: :.......:...........:.529-3 `529:13 Other requirements ....::......:....:........:::........:::: ....::.: ....:.::.......:.:..529-4 529.01. Purpose. The Service Office District provides limited locations for low-intensity,; small office businesses in a residential neighborhood setting..Service Office districts may. be located on blocks with residential. land uses: Buildings, parking, landscaping and signs should be designed to help the commercial-development harmonize with the-residential character of the rest of the block. This district does not allow retail sales. 529.03. Permitted uses. Subdivision l : The uses listed in .this Subsection are permitted uses in the S-0 District. Subd.2. Executive, administrative, and nonprofit organization offices with 4,000 square feet or less of gross floor area. • Subd. 3:.Business offices such as, but not limited to, insurance offices, real estate offices, loan companies,. savings and loan associations, and sales'offices with 4,000 ' square'feet or less of,gross floor area. Subd. 4. Professional offices such as, but not limited to, medical offices, including medical'clinics-:and medical laboratories; dental clinics; chiropractic offices; therapeutic massage centers licensed under Section 1188 of the City Code; offices of engineers, ~ ' architects,.and accountants; auditing, bookkeeping-and legal offices;:and studios of artists and photographers with 4,000. square feet or less of gross floor-area. Subd. 5.: Service businesses providing services on the premises with 4,000 square feet. or less of gross: floor;area. Only the following service businesses are permitted: . .photocopying, non-auto repair shops. (such as watch or shoe repair), tailor hops, beauty-.parlors and barbershops. Hours of operation for these businesses are limited to no earlier than. 6:00 a:m. and no later than 9:00 p.m. Subd. 6. Multi-tenant.office.°developments with 6000 square feet or less of gross floor area. Subd. 7. Nursing or rest homes. Subd. 8. Governmental buildings:. and public libraries. .. Richfield City,Code ' Page 529-1 Service-Office (S-O) District 52905 529.05. Accessory building and use regulations. Subdivision 1. The uses listed in this Subsection are allowable accessory uses in the S-O District. Subd. 2. One accessory building'that is 750 square feet or less in gross floor area. In addition to the general accessory building provisions of Subsection 509.09, accessory buildings must meet the. following criteria: a) In the case of a corner lot, no accessory building may be located in the yard area between the principal building and either street; and b) The architectural design and building materials of an accessory building shall be complimentary to the principal building. Subd. 3. Enclosed storage incidental to a permitted or conditional use, provided such use occupies no more than 30 percent of the gross floor area of the principal building. Subd. 4. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building. Subd. 5. Roof-mounted television antennas Subd. 6. Minor public utilities. 529.07. Conditional uses. Subdivision 1. The uses listed in this Subsection are conditional uses in the S-O District, and are subject to the conditional use permit provisions outlined in Subsection 547.09 of this code. Subd. 2. Office and service uses as allowed in Subsection 529.03, subdivisions 2, 3, 4, and 5 with more than 4;000 square feet of gross floor area.. Subd. 3. Multi-tenant office developments as allowed. in Subsection 529.03, subdivision 6 with more than 6,000 square feet of gross floor area. Subd. 4. Licensed day care facilities with no more than.. 5,000 ,square feet of gross floor area, provided the following conditions are met: a) Pick-up and drop-off areas must be located on the site, .and must be designed to avoid interfering with traffic and pedestrian movements; and b) Outdoor recreational areas must be .located and designed in a manner that mitigates visual and noise impacts on any abutting residential parcels. Subd. 5. Telecommunications towers.. Towers shall be allowed in the S-0 District only in the following manner: a) Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed. only in the rear yard of S-O parcels. b) Towers supporting commercial antennas and conforming to all applicable provisions of Chapter 544.21 of this Code shall be allowed only in the following locations within the S-O District: Richfield City Code Page 529-2 Service Office (S-0) District Section 529.07 i. Church sites, when camouflaged as steeples or bell towers; ii. Park sites, when compatible with the nature of the park;,and, , iii. Government, school, utility, and institutional sites, not including the public right-of-way. Subd. 6. Major public utilities. 529.09. Prohibited uses. Subdivision L Prohibited.uses are-listed in Section 512.07. Subd. 2. Anyland use not listed as Permitted, Accessory or Conditional in this chapter or in Subsection S 12.07 is prohibited in the 5-0 District unless determined otherwise - by the City pursuant to Subsection 509,21 of this code. Subd. 3. No retail sales are allowed ,in the S-0 district other than sales.directly resulting from and incidental to service, maintenance or repair work. Subd. 4. No services: regulated under section 11:$7, or 1196 of the City Code are allowed in the S-O:District. ,. , 529.11 Dimensional Requirements. Subdivision 1. The following dimensional requirements apply to the S-O district. All dimensions are in feet unless otherwise noted. Minimum lot width Interior lot: 60 Corner lot: 75 1Vlinimum lot area _ 8,OOQ square feet Maximum impervious surface .covera e 75 percent 'Setbacks -buildin Princi al buildin ~ Accesso buildin Front (see also Subd. 2 L ~ 3U L 30 __ Rear __ _ ~ Adjacent to:R, R-1 District ~ 15 8 _..__.___.~.,; ~ Adjacent to non-R, R-1 District _ 5 5 ' -~ ~ Interior side Adjacent to R, R-1 District j .:Adjacent tonon-R,- R-1 ~ DistrictW 15 - 5 15 5 Street /.corner side (see also ~ Subd. 3~ 12 ~ 12 ~ S b ks - arlan (measured from . roe line) :Front ut se_e Subd.. 5) ~ 8 --, -. ~ - ;; Str rner-side (but see I $ j `Subd 5) Interiorlot line _ - Adjacent to R,` R-1 District ~~~ 10 T ~ ~ Adjacent to non-R,,R-1 District __ 5 ' Service Office (S-O) District Section 529.11 Subd. 2. Front setback reduction. The front setback requirement for a principal building on a lot may be reduced to no less than the average front setback of the existing principal building(s) abutting such lot, to a minimum of 25 feet, except when adjacent to asingle-family house. Subd. 3. All structures located on a corner lot which abuts a key lot. The side yard setback of a commercial building-that abuts a "key lot" shall be equal to the front setback of the key lot. (See Figure 12.) Subd. 4. Vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, sucfi side or rear setback requirement shall be not less than 20 feet. Subd. 5. Parking lot setback reduction. All'new parking lots shall be located 8 feet from the right-of--way. In cases where modifications are being made to an existing lot, the 8-foot setback maybe reduced to 3 feet if the applicant can demonstrate that the greater setback is not possible- due to site constraints and if the applicant is able to meet landscape requirements without the setback. 529.13 Other Requirements. Subdivision 1. The following additional requirements apply in the S-O district. Subd. 2. Site plan review. All developments in the S-O district are subject to Site Plan Review as described in Section 547.13. Subd. 3. Performance standards. All developments shall be constructed and maintained in accordance with the applicable Performance .Standards set out in Section 544 of this code. Subd. 4. Sig_ s. Signs within the S-O District shall be regulated by Section 416 of the. City Code: Subd. 5. Desig~QUidelines. All property located within an overlay or design district shall be subject to such district's additional requirements and/or Richfield City Code Page 529-4 SECTION 532 -_ ZONING: NEIGHBORHOOD BUSINESS (C-1) DISTRICT 532.01 Purpose : .....:......::..:........:....::::..:.:.::.....:. '...::::..... .......:. ...:.::.:..:.......532-1 532.03 Permitted uses :::: ....::.:.....:...: .:::...:. ....:.:......::: ::..::........ :.....:.......:.... 532-1 532.05 Accessory building and use regulations :::...... ..: 532-1 ....... 532.07 Conditional uses ...:...:....:::... .::::...:.,.:..:.....::::.. .:...:... :...:::: .:...:.......-532-2 532.09 Prohibited uses :. ...:..:..::..: ..:: .......:: . ..:.:.........:.. ::.....:..........:......:..:.. 532-3 532..11 Dimensional requirements : :..... ........: ...::........:... :..:::..: :..:..:..:.:......:532-3 532.13 Other-requirements .....:.....:....: .....:::. .::.::... .:.:,:.:. .....::. ..:..:::.:......::. 532-4 532.01: Purpose.: The Neighborhood Business (C-1) District,is intended to provide-sites where low-intensity smallxetail'and service businesses may locate for the convenience of customers residing nearby, while minimizing adverse effects on nearby'housing. Buildings, -.parking, landscaping and signs should be designed to help. the commercial development harmonize with the. residential character of the rest of the block: 532.03. Permitted uses. Subdivision 1: The uses. listed in this Subsection are permitted uses imthe C-1 District. Subd. 2. Neighborhood shopping centers or similarrnulti-tenant'developments with •' 6;000 square feet or less of gross floor area... Subd. 3. Neighborhood retail businesseswith 2,500 square feet or less of gross floor area. Subd: 4. Neighborhood service businesses (excluding those listed in Sections 532:07 and 532.09) with 2,500. square-feet or less of gross:floor area. Subd. 5. Neighborhood office businesses (excluding those listed in Sections 532.07 and 532.09) with 2,500 square feet or-less ofgross floor area. ' Subd. 6. Licensed daycare businesses not exceeding.3,000 square feet of floor area: . Subd. 7 Governmental buildings and public libraries. Subd. 8::Nursing or rest homes. 532.05. Ac¢essory buildings and use regulations. Subdivision 1:-'The uses listed in this Subsection are allowable'accessory uses in the C-1 District. Subd. 2. One accessory building which is 750 square feet or less' in Boss floor area: In addition to the. general accessory building provisions of Subsection 5.09.09, accessory buildings must meet the following criteria: • Richfield City Code ~ 532-1 Neighborhood Business (C-1) District 532 OS a) No accessory building on any lot, except through lots, shall be situated forward of the front building line of the principal building. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. b) In the case of a corner lot, no accessory building shall be located in the yard area between the principal building and either street; c) The architectural design and building materials of an accessory building shall be complimentary to the principal building; and d) No accessory building shall be greater in lot coverage than the principal building, or greater in height than the principal building. Subd. 3. Enclosed storage incidental to a permitted or conditional use, provided such use occupies no more than 30 percent of the gross floor area of the principal building. Subd. 4. Apartments above the first floor within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal. building.- Subd. 5. Roof-mounted television antennas Subd. 6. Minor public utilities. 532.07. Conditional uses. Subdivision 1. The uses listed in this Subsection are conditional uses in the C-1 District, and are subject to the conditional use permit provisions outlined in Section 547.09 of this code. Subd. 2. Neighborhood shopping centers or similar multi-tenant developments with over 6,000 square feet of gross floor area, provided the following conditions are met: a) The lot shall abut an arterial or collector street;. and b) The Council shall find that the,center or.development and its .proposed uses are designed specificallyto serve the residents of the neighborhood area. Subd. 3. Neighborhood retail, service, and office establishments {excluding those listed in Section 51.2.07) with over 2,500 square feet of gross floor area, provided the Council finds that the use is designed specifically. to serve. the residents of the neighborhood area. Subd. 4. Class II (traditional /cafeteria) restaurants and Class IV (take-out only) restaurants, provided the following conditions are met: a) The gross floor area of the restaurant shall not exceed 2,000 square feet; b) Drive-up window service and exterior loudspeakers shall not be permitted; and c) Alcoholic beverages shall not be served. Richfield City Code 532-2 Neighborhood Business (C-1) District 532.07 Subd. 5. Apartments above the first floor. of a~ommercial-building which exceed- 50 percent of the gross floor area. Subd. 6. Major public utilities. 532.09. Prohibited uses. Subdivision 1. Prohibited:Uses are listed in Section"512.07. Subd. 2. Any eland use not listed as Permitted, Accessory or_Conditional in this chapter or in Subsection 512.U.7 is prohibited. in the C-1 District unless the use is found to be substantially similar to a use listed, as determined by the":City in accordance with Section`509.21. of this code. - 532.11 Dimensional reguirements..Subdivision,1. -The following dimensional requirements apply to the G1 district. All dimensionsare in.feet unless otherwise indicated. !Minimum lot width Interior lot: 60 ~-- Imo--Corner lot: 75~ - Minimum lot area 8,000 square feet : __ __ 13 { .Maximum impervious 80 percent ~ { surface coverage ~__.._.~._.J Setbacks-building: ~~ j Principal building " Accessory bui-~ king. ~~~ Front (see also Sub_d~2 _~ _. ~ ~~__ 30 ` ' - ; 30 ~ fRear {see also Subd. 4j Y~_a ~ ~~ _ { Adjacent to R, R-1 District 15 _ 8 ~( Adjacent to non-R, R-1 5 5 I District , _ _ j Street /corner side (but see -~ 20~~ j 20~~ Subd. 3 & 4 _ _ ~ I i Interior. side (see also Subd.: 4) ~~ j .Adjacent to R, R-1 District I S 10 j _ Adjacent to non-R, R-1 ~ j ~ _ _ ~ -- 5 5 i District I -Maximum building height ~ 30 i5 - { ~Storylimitations ~ ~ 2 stories ~ 1 story___ Setbacks -:parking'(measured from the properly line) { _Front (but see Subd. 5) ~ ~ 8 ~ Side /corner side (but see ~ 8 " ' r Subd 5) _._......:_._..----.~_~.~ ~_ Interior side Adjacent to R, R-1 District ~ 10 ~ ~ Adjacent to non-R; R-1 ~ ~ ~ 5 District --- --..:.~----- - -j Neighborhood Business (C-1) District 532.11 Subd. 2. Front setback reduction: The front setback requirement for a principal building on a lot maybe reduced to no less than the average front setback of the existing principal building(s) abutting such .lot, to a minimum of 25 feet, except when adjacent to a single- familyhouse. Subd. 3. All structures located on a corner lot that abuts a key lot. The side yard setback of a commercial building that abuts a "key lot" shall be equal to the front setback of the key lot. (See Figure 12.) Corner lot ! d ~.__ ! ~a -~! 30' ' "streetside" side lot line ® ! ' Ke -ot y front lot line '~ curb Subd. 4. Vehicle access door facing a side or rear lot hne. Figure 12 Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less. than 20 feet. Subd. 5. Parking; lot setback reduction.. All new parking lots are expected to locate 8 feet. from the right-of-way. In cases where modifications are being made to an existing lot, the 8-foot setback may be reduced to 3 feet if the applicant can demonstrate that the greater setback is not possible because of site constraints and if the applicant is able to meet landscape requirements with the reduced setback. 532.13 Other Requirements. Subdivision 1. The following additional requirements apply in the C-1 District. " Subd. 2. Site plan review. All developments in the C-1 District are subject to Site Plan Review as described in Section 547.13. Subd. 3. Performance standards. All, developments shall be constructed and maintained in accordance with the applicable Performance Standards set out in Section 544 of this code. Subd. 4. Si~,ns. Signs within the C-1 District shall be regulated by Section 416 of the City Code. Subd. 5. Desig~huidelines: All properly located within a design district or corridor overlay district shall be subject to such district'sadditional requirements and/or modifications. Richfield City Code 532-4 • C C I N T -2 534 -GENERAL BUSINESS DISTRI SECT O ..534.01 Purpose .:.......:...:....::...: .::...::: ...:...:. ..::::.. ...,.::.:.......: ......... ...:..,; 534-1 534.03 Permitted uses.,. :..:...:.... ....:::'.: ...:..:......:.:... ...::... .:....:........:: .....:... 534-1 534.05 Accessory building and use regulations ............::... :......:::,..:... .:.:....: 534-2 534:07 Conditional uses .............. ::... ...:::.....::.:... ....:::.:.:::....: ..::..... ......:..534-2 534:09 Prohibited uses .: ......:......:.:... ....:..:.:.....:.: ........ :::.....:.....,..: ....:..::534.9 534.11 Dimensional requirements :.....:. ::...:::.::..:.:.. ...;:: .....::..........:..... ~:: 534-10 534.13. Other requirements .: .:::.: ......... :..:..::. .:.::::. ....:::.. ...:.......:..::.:.....:::. 534-11 528.01. Purpose. The C-2 General Commercial District allows a wide variety of retail and service businesses that may serve a trade area encompassing Rc$field `and beyond. Despite the commercial nature of these land uses, the City expects-them to have an ' attractive appearance from all sides, to be'compatible with nearly residentialproperties, to minimizeadverseeffects on surface waters, and to not significantly degrade the level..of service or safety on nearby roads: - 534.03: Permitted uses.'Subdivision LThe uses listedin this Subsection.'are permitted _. uses in "the C-2 District. Subd. 2: Shopping centers or similar multi-tenant developments with 100,000 square feet or less of gross floor area. Subd. 3. Retail; service, and office uses with 50,000 square feet or less of gross floor -area (excluding those uses listed in Sections 512.07 and 534.09 of this code). Permitted uses may exceed the SO,000 square foot size limitation if located within a shopping center or other multi-tenant building. Subd. 4. Class N (take-out only) restaurants that do not provide drive-up window service: Subd. 5: Licensed day care businesses, Subd. 6. Governmental buildings and public libraries. 'Subd. 7. Public or private elementary and. high schools, and other'similar`learning .institutions. = Subd. 8.. Religious institutionsand related convents or parsonages: Subd. ~9. Adult business establishments as defined and regulated under Section 1196 of the City Code. i Richfield City-Code Page 534-I General Business (C-2) District 534.05 534.05. Accessory uses. Subdivision 1. The uses listed in this Subsection are allowable accessory uses in the C-2 District. Subd. 2. Assembly, light manufacturing, or warehouse operations incidental to a permitted or conditional use; provided such use occupies not more than 50 percent of the gross floor area of the principal building or not more than 2,000 square feet, whichever is greater. Subd. 3. Enclosed storage incidental to a permitted or conditional use, provided such use occupies no more than 30 percent of the gross floor area of the principal building. Subd. 4. One accessory building which is 750 square feet or less in gross floor area. In addition to the general accessory building provisions of Subsection 509.09, accessory buildings must meet the following criteria: a) In the case of a corner lot, no accessory building shall be located in the yard area between the principal building and either street; and b) .The architectural design and building materials of an accessory building shall be complimentary to the principal building. Subd. 5. Roof-mounted television antennas Subd. 6. Satellite dish antennas mounted on the outside of a building. Subd. 7. Minor public utilities. 534.07. Conditional uses.. Subdivision 1. The uses listed in this Subsection are conditional uses in the C-2 District, .and are subject to the conditional use permit provisions outlined in Section 547.09 of this code. Subd. 2. Shopping centers or similar multi-tenant developments with over 100,000 square feet of gross floor area..., Subd. 3. Retail, service, and office uses with over 50,000 square feet of gross floor area, unless located within a shopping center or other multi-tenant development.. Subd. 4. Funeral homes, provided the lot abuts an arterial or collector street. Subd. 5. Theaters, provided the following conditions are met: a) For theaters located within shopping centers or otherwise utilizing a shared parking arrangement,. the applicant shall submit an analysis of parking demand versus availability for review and approval (additional parking may be required based on this review); and b) Free standing theaters shall only be permitted -when it can be demonstrated that vehicular ingress and egress may be accomplished without creating undue traffic congestion on-area. roadways. Richfield City Code Page 534-2 General Business (C-2) District 534.07 Subd. 6. Class I (full service) restaurants and-Glass II (traditionaUcafeteria) restaurants, provided that alcoholic beverages not be served unless the lot abuts an . arterial or collector street. Subd. ?. Class :III restaurants (fast food/convenience/drive-in) and all other uses which provide drive-up window or teller service, provided the: following conditions are met: a) Queuing space for at least fourcars (Z0 feet) shall be provided per drive-up service lane, as measured .from but not including the first drive=up service - - window, teller or order station.;-Such queuing. space shall not interfere .with parking spaces or traffic circulation; b) Any drive-up service window, teller or order station, or exterior loudspeaker shall be. located at least 150 feet:from any residential .parcel; c) . Exterior speakers. shall comply with the noise control. limits set by Section 930 of the City Code; d) , The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; and e) '. Al~oholicbeverages shall,not be served.: Subd. 8. Hotels and motels,: provided the following conditions are met: . a) A buffer yard of not less than 35 feet in width shall be provided to separate' all, aspects of such use from. abutting residential .parcels -- the Council may reduce this requirement to not lessthan 25 feet if significant additional . landscaping and berming are provided to screen he hoteUinotel use; and b) . Access to the site shall be only. from arterial or collector streets.. :.Subd. 9. Hospitals and medical clinics, provided the following conditions are met: a) The use site shall abut an arterial or collector street;:and ' b) A buffer'yard of not less than 25 feet in width shall be provided to separate all aspects of such :use from'any abutting parcel. Subd. 10. New autoor boat. sales or lease businesses, prodded the following conditions are met: a) The business-shall be licensed under Section 1 i.55 of the City Code; b) The use'site shall :not abut a lot which is in the R or R-:1 District. For the purpose of thinsubdvision, a lot-that merely adjoins the use site at one corner shall not be deemed to abut`the use site; - `- c) A.buffer yard of not less than 15 feet in width shall be provided to separate ~, all aspects of such use from: abutting parcels; Richfield City Code Page 534-3 General Business (G2) District 534.07 d) Landscaping for the site, including display areas, shall comply with the Performance Standards described in Section 544 of this code; e) Used auto or boat sales shall be permitted only as an integral part of a new auto or boat sales business (from the same land parcel and in close proximity to the new cars or boats). 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 for sale or lease 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 Section 930 of the City Code. Subd. ll. Service station or service station/convenience store provided the following conditions are met: a) The business shall be subject to the provisions of Section 1150 (Gasoline Service Stations) of the City Code; b) The use site shall not be located within 3 00 feet of the grounds of a' school, church or hospital; c) If the use site abuts a residentially zoned lot, 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 abutting 'residential parcels. 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 screen the service station use; d) A buffer yard of not less than ten feet irrwidth shall be provided to separate all aspects of such use from abutting non-residential parcels; e) Vehicles that are waiting for repair shall be stored in appropriately designed and screened areas as approved by the City; f) Any repair, assembly, disassembly, or maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tine inflation, adding oil, or adding windshield wiper fluid; g) The minimum frontage on any street shall be 120 feet and-the minimum area of the site shall be 12,000 square feet; Richfield City Code . General -Business (C-2) District 534:07 h) Any exterior speaker shall comply with the noise control limits. set by • Section 930 of the Gity Code; i ueuin . s ace of at least 20 feet shall be rovided in front of the um Q g p p p P island in each direction in which access can be gained-to thepump -- this required space shall not interfere with internal circulation patterns or~with designated parking areas,.and shall not be permitted: in any public right-of-- way, private easement, o"r within the required parking of setback; -. j) Pump:: islands shall be located not less than 2Q feet from any property line; k) If the use is not located on a County road or State highway, it shall not be operated between the hours of I 1:00 p:m. and 6:00 a.m; and 1) Canopies shall comply with the following regulations: (i) The canopy. may extend up to twelve feet beyond the center line o£the pump island toward the street, but in no instance shall a canopy be located closer than six feet-from any lot line; (ii) Only. one canopy shall be permitted` per station, ;unless: the station is located on a corner lot, in which case two canopies maybe permitted; (iii) ,:The canopy shall be at least 14 feetin height, but not greater .than 16 feef in height; . (iv) No signage of a permanent or temporary, nature may be placed on a :canopy; .and (v) All canopy lighting shall be recessed into the canopy ceiling. Subd.12. Auto mechanical or body repair shops; provided the following conditions are met: a) The-use site shall not be locatedwithin 300 feet of the grounds of a school; church or hospital; b) If the use site abuts a residentially zoned lot, 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 abutting.. .. .residential parcels.. 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 screen the: auto mechanical or body repair shop. 'use; (Amended, Bi11No.1996-7, Sec. 2) c) A buffer yard of not less than 15 feet in width shall be providedao separate -all aspects of such use from any abutting parcel; d) Vehicles that are inoperable shall not be stored on the premises, except. in .. .appropriately designed and screened-areas as approved bythe City. In . Richfield-City. Code Page 534-5' General Business (C-2) District 534.07 accordance with Section 1320 of the City Code, inoperable vehicles cannot be stored on any property for more than 96 hours; e) Vehicles that are waiting for repair shall bestored in appropriately designed and screened areas as approved bythe City; f) 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 g) 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. 13. Auto detailing businesses licensed under Section 1195 of the City Code. Subd. 14. Car washes licensed under Section 1125 of the City Code. Subd. 15. Accessory car washes, provided the following conditions are met: a) A buffer yard of at least 15 feet in width shall be provided to separate such car wash facilities and related queuing areas from any abutting residential parcel or street right-of--way; b) Queuing space for at least six cars (1 OS feet) shall be provided, as measured from but not including the wash station. Such queuing space shall not interfere with parking spaces or traffic circulation; c) The car wash and site shall be designed to prevent icing and muddying of public streets; d) The driveway between the. exit door of the car wash and the street right-of-- ' way shall be at least 40 feet in length; and e) The car wash shall comply with the noise control limits set by Section 930 of the City Code. Subd. 16. Pawn operations, secondhand goods operations that require a license under Section 11.86 or 1187 of the City Code, auction houses, and consignment auction houses, provided the following conditions are met: a) Such uses shall be located riot less than 250 feet from residentially zoned property; b) The business operator shall secure all applicable licenses and approvals from the City, County, State, or other applicable jurisdictions before the conditional use permit shall become effective; c) Such uses shall be contained within a completely enclosed building, and no outside storage, display, or sale of merchandise shall be permitted; Richfield City Code Page 534-6 i .General Business (C-2) District 534:07 d) Exterior loudspeakers or public address systems shall not be audible from • any residential `parcel; ~ e ent auction houses'shall have desi ated on- Auction houses and consi i~ i~ site loading-and drop-off areas which are designed to avoid interfering with traffic and pedestrian movements; f) Such uses that were. legally established on or before November 22, 1993 .shall be classified as legal nonconforming uses; and subject to the provisions of Section 509.23 of this code. , Subd.17. Firearms-related uses provided the following conditions are-met: a) Such uses shall be licensed under,Section 920 of;the City Code; b) Such uses shall be located:-not less than 300 .feet from any school, church, daycare center, public library, orgovernmental building; c) Such uses shall be .located` not. less than 1,000 feet from other gun: or ' ammunition sales/repair businesses or firearms related uses; d) Such-uses shall be located not less han 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 that. is soundproofed to prevent,the sound to be heard by persons on adjoining property; g). No firearms-related use shall be allowed in a traileror other.non-permanent.. building; h) Any firing-range. existing. in the City on or prior to January 1, 2004 shall be allowed to continue;' i) ' The design and construction .of any firearm-related use shall-totally confine all. ammunition rounds within the building and in a controlled manlier: The design and construction ofthe firing range shallbe 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; j) No ammunition shall be used in :any firearms-related use that exceeds the certified design and construction specifications of the firing range; k) ` A written log of users of any firing range.;or other firearms-related use shall be maintainedby 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; Richfield City-Code Page 534-7 General Business (C-2) District 534.07 1) An alarm 'system, cut wire protected, shall be supplied to provide security for a building containing any firearm-related use; m) Firearms that 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; n) Ammunition shall not be stored in the firearm vault; o) On site supervision at any firearm-related use shall be supplied at all times by an adult with credentials as qualified range master; p) 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; q) The transport of firearms on the premises shall conform to State Law; r) 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 s) The Council reserves the authority to review or modify the performance standards for the range. Subd. 18. Tattoo establishments, provided the following conditions are met: a) Such uses shall be licensed under Section 630 of the City Code; b) Such uses shall be'located not less than 100 feet from any residentially zoned. property;. c) Such uses shall be located not less than 350 feet from any school, church, park, day care center, or public library; d) Such uses shall be located not less than 350 feet from any establishment selling and/or serving alcoholic beverages; e) Such uses shall be located not less than 100 feet from the right-of-way of an entry street to the City. For purposes of this subdivision, an entry street is defined as Penn Avenue, Lyndale Avenue, Nicollet Avenue, Portland .Avenue, Cedar Avenue and 12th Avenue; and fj Such uses shall be located not less than 1,000 feet from other tattoo establishments. Subd. `19. Emergency shelters within non-residential buildings (e.g., schools or churches) provided the following conditions are met: a) The shelter shall serve no more than 16 persons at one time; and Richfield City Code Page 534-8 General Business (C-21 District 534 11 534.11 Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the C-2 District. All dimensions are in feet unless otherwise indicated. i Minimum lot width ~ ~ Interior lot: 75 ~ Corner lot: 90 _~ f.._._-_..-__ .. _ .. _ -~ Minimum lot area ~ ~-~ 9 000 ware feet ~ i ~..__~ ~__ _____3 Maximum impervious 85 percent i surface covera e ~.__.._.__..__._-..... ~.~....._.. I ~ Setbacks -building T Principal building ! Accesso building.. Front see also Subd. 2 ~ ~ 35 _ ____ ~ ~ ~ 35 Rear see also Subd. 4 _Adjacent to R, R-1 District _ _ ~ 20 ~ _ ~ 8__ ~ ~_j ~ Adjacent to non-R, R-1 ~ ~5 ~ 5 -District _._._..._._.____~~_ ____._._........_..f ' ~ -..-. ~~W ._...~__~ ~~~ _, Street /corner side (but see ;_Subd. 3~ ~- 25 25 j ~ Interior side-(see also Subd. I ~ j f 4) ~._.._. Adjacent to R, R` 1~District .; ! . ~~ ! ~ ~?O T~ , ~ _ Adjacent to non-R, R-1 ~ ~ ..-_._..___ _.. -.... -.....---_____._ ._ -_._. 0 ~ ____ . __ ____-_ 0 ! District E ~ j Maximum building height __~_ 40 ~ 15 --but see.Subd~S ~ . ~. )._.______.-__ t _ l Stony limitations ~ _ ~ 3 stories ~_~?_~ --.._._..__..._. 1 stor,~____ _ ~ Setbacks -parking ~ j ~~-~ __~.______... _____i ~ S Front but see Subd. 6 ~ _ 8 Street /corner side (but see 8 ~' Subd. 6)._ ~...~_..._._._._-~~~_~ _.~.. r. Interior lot line ~ _ _ ~~ Adjacent to R, R-1 District ~ _ 15 _~ ~W __ ~.~..~ Adjacent to non-R, R-1 ~~~~-~~ -~ ~~~-- 5 District Subd. 2. Front setback reductions. The front setback requirement for a principal. building on a lot may be reduced to, no less than the average existing front setback of the existing principal building(s) abutting-such lot, to a minimum of 30 feet, except when adjacent to a single- family house. Subd. 3. Structures located on a corner lot that abuts a ke.~ot. The side yard setback of a commercial building that abuts a "key lot" shall be equal to the front setback of the key lot.. (See Figure 13.) Richfield City Code Page 534-10 General-Business (C-2) District. 534.11 Subd. 4. Vehicle access door facing a side or rear lot line. Whenever'any building ` - (principal or accessory): is located in such a manner that a vehicle access door faces a ' . less than 20 feet. ide or rear lot line,, such side or rear setback requirements shall be not Subd. 5. Maximum height exception. The maximum height of principal -buildings may be increased to :100 feet in the case of propertyy. located within the T-494 Corridor; defined as that area east of I-35 W, west of trunk Highway 77, south of 77~' Street, and `north of 78~' Street.: (Added, Bill No:-1997-18) Subd. 6. Parking_lot setback reduction. All new parking lots shall'locate 8 feet from the right-of-way. Iri cases where modifications are`being-made to an existing lot; the 8- foot. setback may be reduced to 3 feet.: if the applicant can :demonstrate: that the greater setback is not possible due to site constraints'and if the applicant is able to meet landscape requirements-without the setback. . 534.13 Other requirements. Subdivision l.. The following additional requirements apply to the C-2 District.. Subd. 2." Site plan review. ~ All developments in the C-2 District are subject to Site Plan Review as described in Section 547.13:. :Subd. 3. Performance-standards. All developments shall be constructed and maintained in accordance with the applicableperformance tandards set out in Section 544 of this code. Subd. 4. Ste: Signs within the C-2 District shall be regulated by Section 416 of the. S . City Code. Designguidelines. All property located within a design district or corridor Subd. 5. . overlay district shall,be subject to such district'sadditional requirements and/or modifications.. Richfield City Code Page 534-11 . SECTION 537 -'ZONING: MIXED USE DISTRICT 537:01 Sub-districts defined .: :........:. ...::.:....:..:.: .:...:........,.`........:: ........::537-1 537.U3 Permitted uses.::....::..........::....:::........,::..:.:.::........:....:.:::.:...:.:.:.537-3 537:.05 Conditional uses .......:::.....::.......:......:. ` .:.......::; .... :,:...::::;...::...::.537-4 537:07 Bulk-and dimensional standards ... .. .... ..537-6 537:09 Parking standards ... .......... ....... .. ...537-7 ...... ..... ...537:11 Other performance standards:.: .::...,::..:::....: .......... ....:..::...:;... ......:::53.7-8 537:13 Non-conformities ..:..:.:.......:::.......:: ...:.::.:......... ...:.::.:.....::.......:...537-12 .537.01 Mixed Use Districts (Min. Subdivision 1: Sub-districts defined. A mixed use. district is an areathat 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): }Zegional 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: b)- Mixed Use. Community - (MU-C): Community mixed use includes, shops . and services-that support the surrounding community. A balanced mix-ofi 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 trans. portation nodes/corners and are intended to be of a smaller scale and. oriented to the neighborhood. " Subd. 2:.:Purpose and Intent. The purpose and intent of the Mixed Use Districts shall . be to: a) Guide. future development along the: I-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 ransitions 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; Richfield City Code _ 537-1 Mixed Use (MU) Districts Section 537.01 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. Subd. 3. Review Criteria. 1n evaluating development proposals, the Planning Commission-and City Council shall consider 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; 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) Thee 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. Richfield City Code Page 537-2 Mixed-Use (Iy1i.J) Districts 537.03 537:03 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 within the use table: P=permitted use A= accessory use C= conditionallypermitted N=not permitted Use MU-R MU-C MIT-N Commercial Re Tonal retail services . P C N General retail. services P P C Nei hborhood retail services P P P Restaurant Class I servin alcohol P C 1V Restaurant Class II raditional/cafeteria P P P Restaurant Class III fast food/conyenience) C C N .Restaurant Class IV .take out onl P P P Service Station./convenience store P P N Convenience store P P '°P. Offices and!,clinics P P A HoteUmotel P P N Mortuaries' and funeral cha els N P N Health or athletic clubs, s as, o a studios ! P P N Theaters, movie or live: entertainment P N N Auto sales or ..lease -new vehicles C N N Auto mechanical or bod re air sho s , C C N Auto detalin C C N Auto rental. facilities accessory: to a primary office or hotel use A A N Assembly and manufacturing accessory-and subordinate to a retail use A A N Drive-u window,or teller service C C N Adult business establishments `as defined and` regulated under Subsection 1196 of the City Code P P N. Firearms related uses " C N N Licensed da -care facilities P P ' P Residential - Dwellin , :townhouse _ N N P Dwellin ,multi-famil P P P Live -work units N ` P P Assisted livin facilities;; nursin `, rest Homes ' N P P Institutional/Public Places of worshi - A P P Government offices ~ 'A P A Police sub=station- ` P p p Schools C P p Mixed-Use (MU) Districts 537.03 Use MIT-R MIT-G MU-N Libra N P P Parks P P P Hos itals P N N Transit facilities A A A Public utili A A A Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter or Subsection 512.09 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 509.05 of this Code. 537.05 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 547.05. of this code and the following conditions. Subd. 1. Regional 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 amulti-tenant or multi-use shopping area or other multi-tenant development and meet the mixed use requirements of Subsection 537.04,. 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 537.04, Subd. 2. Subd. 3. Restaurant Class I in MU-C. Class I restaurants in the MU-C district provided that 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 amulti.-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) 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.:. Suchqueuing space shall not interfere with parking spaces or traffic circulation; Richfield City Code Page 537-4 Mixed-Use (MIJ) Distridts 537.05- f) ..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; g) The applicant shall demonstrate that such use will not. significantlyaower the.. - existing level. of service on streets and intersections; h) Alcoholic beverages shall not be served;.: and i) Exterior speakers shall comply with the noise control limits. set by `' Subsection 930 of the City Code. Subd. 5. New auto'sales or lease businesses. 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 ~ business (from the same landparcel and in integral part of a new auto sales 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 atone corner. shall not be deemed to abut the use. site; d) A buffer yard of not less than 1.S feet in vyidth shall. be'provided to separate -a11 aspects of such use from abutting parcels; e) Landscaping for the site, including display areas, hall 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 for sale or lease 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. Auto mechanical or body repair shops. Auto mechanical or body repair shops. provided-.the conditions detailed in the C-2 District are met (534.07 Subd. 12}. Subd. 7.' Auto detailing shops. Auto detailing shops provided the conditions detailed in the C-2 District are met (534.07 Subd. 13) 'Subd. 8. Firearms Related Uses. Firearms related-uses provided the conditions detailed in the C-2 District are met (534.07 Subd. 17). `Subd. 9. Schools. in MLJ-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. :Richfield City Code : Page 537-5 Mixed-Use (MU) Districts 537.07 537.07 Bulk and 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 2 min' No 2 min 12 max. 2 min 8 max max Building Coverage 50% 75% 30% 50% 0 nnin 50% min max min max max Maximum Impervious Surface 85% of gross 80% of gross 75% of gross Covera a arcel area arcel area arcel area Usable Open Space Requirement 5% of gross 5% of gross parcel 10% of gross arcel area area arcel area Street Level Active Use Building 60% minimum 50% minimum No minimum Fronta e Residential Set backs' (standard setbacks) Front -build to line 10' 20' 10' min 20' 15' min 25' max Side min max 5' min max 5' min Rear 5' min 5' min 5' min (zero lot line setbacks) 5' :min Front -build to line 10' min 15' min 25' max . Side 10' 20' 6' min 20' 0' min Rear min max 0' min max 0' min 0' min 0' min Commercial and Mixed Use Set backs" (standard setbacks) Front (build to line) Side 0' min 15' 0' min 1.5' S' min 15' max Rear 5' min max 5' min max 5' min , (zero lot line setbacks) 5' min 5' min 5' min Front -build to line Side 0' min 0' min 5' min 15' max Rear 0' min 15' 0' min 15' 0' min 0' min max 0' min max 0' min Front yard setback for upper 20' 20' min 20'~ min stories after the 3`d sto min Set backs and landscape area 5' min 5' min 5' min 5'-min (front and arkin Set backs and landscape area to I- 15' 15' min 15' min 494 min Richfield City Code Page 537-6 :Mixed-Use (Mt-i) Districts, 537.97 ' Parking structures shall not. be included in calculation of building stories. Single story portions of structures maybe 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 totaF structure's footprint. ' "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 thatstructute 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. ' Standard setbacks apply to all uses exceptzero lot line developments: The front~setback is a build-to line designed to locate: buildings in close proximiiy to the public-street: Zero loti-line setbacks allow buildings to be placed on an interiorproperty 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 districta mix of uses is not.requred, however, no more than 1 U% 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 T0,000 square feet. 537.09 Parking Standards. -Subdivision l .Off Street Parking Ratios. The following, table establishes minimum parking standards .for uses within the Mixed Use Districts. : .Table 3. Minimum Parking Standards: for Mized Tse Districts Land Use'-Type Off Street Parking Ratio MIJ-R : - 1VIU-C 1V1U-N Commercial Retail * - 4 3 3 Commercial Services * 3 `2 2 Office * 3.5 . „ 2 2 Civic * 3 2 2 Hotel or motel (per room) 1 1. 1 Residential Townhouse. *:* 1.5 - 1:5 - 1..5 Residential Multi-family:** 1.5 1.5 1:5 Other Uses As determined by -the Zoning Administrator Mixed-Use (MU) Districts 537.09 Subd. 2. Other Parking Requirements. All other parking requirements shall be dictated by Section 544 of this code. 537.11 Other Performance,Standards. Subdivision 1 Development shall comply with the provisions of Section 544 and the following standards.... Subd. 2. Exterior Lighting. 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. .Exterior lighting shall comply-with 544,09 and the following standards: a) Poles and fixtures shall be architecturally compatible with structures and . lighting on- site and on adjacent properties. b) Security lighting shall be adequate for visibility, but not overly bright. c) Metal halide lighting shall be used with a concealed light. source of the "cut- ofi" varietyto prevent glare and "light trespass" onto adjacent buildings and sites. d) 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. e) All primary walkways, steps or ramps along pedestrian routes shall be illuminated. Subd. 2. Architectural Standards. 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. 3. Building 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: 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 537.06, 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 Richfield City Code Page 537-8 Mixed-Use {MU) Districts 537:1 i .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 601inear 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 2QQ feet in length facing a street, two or more building eritrances'on the street must be provided. - ' d) Building.entrances shall incorporate arcades, roofs, porches,; alcoves;. porticoes and awnings thatprotecf 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 l00 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. 4. Windows, Window Wa11s, Blank Walls and Design ofthe Ground Floor of Non-Residential'Buildings. 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 asfollows: Where interior floor levels prohibit such placement, the sill height maybe raised to allow it to be no more thaf 2 feet above the finished floor level up to a maximum sill height of 6 feet above-:grade. . 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 majorpedestran areas are prohibited. c) Darkly tinted, frosted windows or any windows that block' wo way visibility -are prohibited as ground floor windows along street facades... " Subd. 5. Upper Storv 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 flooror 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 _ facade does not exceed an angle greater than forty-five (45) degrees. from the average street elevation beginning at a,point of he curb on the opposite side of the street. Richfield City-Code ~ Page 537-9 Mixed-Use (MU) Districts 537.11 c) Exception. The Director may waive the building step-back requirements of this Subsection provided that the applicant clearly demonstrates the proposed project: (i) Includes window treatments, entry placement, facade 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 (ii) 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 facade; and (iii) 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. 6. Vehicular Circulation and Parkin. Parking and vehicular circulation shall comply with the standards in Subsections 544.11, 544.13 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; 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 I-494 to provide shielding or buffering of I-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. 7. Pedestrian and Bicycle Circulation. Pedestrian and bicycle circulation and access shall comply with the standards in Subsection 544.15 and the following standards: a) Developments shall implement anon-sitepedestrian 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. 8. 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 I-494 Richfield City Code Page 537-10 Mixed-Use. (MLT) Districts 537.11 corridorroughly midway between-77th Street and I-A~94. 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 I-494 is.to be a green .edge of landscaping`that-may include, but not be limited to trees, shrubs, vines and herbaceous plants. Open space. can shape and serve as a - - transition between dfferenYuses 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,I-494 or otherphysical barriers- o 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 uch 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 acid ground floor windows along the open space; and ' Be designed such that in the City's judgment, the spaces.adequatelyenhance such development and serve as gathering;places for visitors, customers, residents, and employees and are consistentwith the Comprehensive Plan or any redevelopment . plan for the district: Subd 9. 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 maybe. mitigated with building facade 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. :Richfield City.Code Page 537-11 Mixed-Use (MU) Districts 537.11 c) Streets and streetscape can be used as a transition between uses.- The distance and separation affordedby the public right-of way, together with streetscape improvements on both sides of the street maybe 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. In situations where the above do not provide adequate transition, additional landscaping may be required as determined by the Director. 537.13 Non-conformities. Subdivision 1. Expansion ofNon-Conforming Uses. Existing legal non-conforming uses may be maintained according to City Code Subsection 509.23. 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. Legally nonconforming uses existing prior to February 19, 2006-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 547.13. Expansion or modification of a legal conforming use shall: a) Not increase the degree ofnon-conformity, 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. Richfield City Code Page 537-12 ,: SECTION_539 - INDUSTRIAL DISTRICT m 539.01 Purpose. ..:...... ...:. ..:. .. .: .:.. .. ...:..... 539-1 539:03 =Permitted uses ,; .: .:........::.......:....:...::.... ......:.......::: ..;.....:.......::.. 539-1 539.05 Accessory building and use regulations .....:.:. .....:... .....:. ...::::.. ..::..,.. 539-1 539.07 Conditional uses .. 539-2 53.9.09 Prohibited uses .: .....::.:.....'.::.......:.:. .....:. ..:..::....::.:......::...: .:..:.::..539-2 539.11 Dimensional requirements .::.:.......:.: .......:: ......:....::.::. :..::.... ...:...:.. 539-2 539.13` Other requirements ....:.....:. ... ......::..............:...::.:.:...:......:.: ......:.:. 539-4 539.01. Purposes. `The purposes of the I District are to provide appropriately located areas with adequate space to meet the-needs of modern industrial and light manufacturing, including off-street parking areas, oading areas and landscaping; permit ands reserve areas for employment activity-.and service to`the public which do not materially detract from nearby uses; provide.sufficient open space around industrial structures to protect them - fromthe hazards of fire; :protect areas appropriate for industrial uses from intrusion by inharmonious uses, while also protecting nearby properties from hazardous influences; and' minimize raffic congestion and avoid the over]©ading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding land, buildings, and infrastructure. 539.03. Permitted uses. Subdivision 1. The uses listed in this Subsection are permitted uses in the I District. Su bd. 2. Light manufacturing, warehouse, assembly, distribution; packaging, processing, research, repair, service, wholesale, retail, and officeuses with 80,000 square feet or less of gross floor area (excluding those uses'1isted in Section 539:07 of this code). Subd. 3: ,Food products manufacturing except for fish, meat products,. sauerkraut, vinegar; yeast and the:rendering or refining of fats and oils. Subd. 4. Those uses outlined in Section 534.03, Subdivisions 6 through 9 of this code: 539.05. Accessory uses. Subdivision 1. The uses listed in this Subsection are allowable accessory uses in the. I District. Subd. 2. Living quarters for ecurity personnel, provided they are ocated within the principal structure. 'Subd. 3: One accessory building which is 750 square feet or less in gross floor area. In addition to the: general accessory building provisions of Subsection 509.09, accessory buildings must meet the following criteria: a) In the case of a through lot, no accessory building shall be located within 40 - feet of the lot lines abutting either street; ' b I th ) n e case of a corner ot, no: accessory buildin shall be located in the and g y area between the principal building and either street;,;and Richfield City Code . Page 539-1 Industrial (I) District 539.05 c) The design and features of an accessory building shall be complimentary to the principal building. Subd. 4. Roof-mounted television antennas' 539.07. Conditional uses. Subdivision L The uses listed in this Subsection are conditional uses in the I District, and are subject to the conditional usepermit provisions outlined in Section 547.05 of this code. Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging, processing, research, repair, service, wholesale, retail, and office uses with over 80,000 .square feet of gross floor area. Subd. 3. Those uses outlined in Section 534.07 Subdivisions 4 through 23 of this code, subject to the same conditions. Subd. 4. Vehicle towing businesses, provided the following conditions are met: a) 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; b) Parking of towed vehicles on public right-of--way shall be prohibited; c) Any outdoor storage of towed vehicles shall'be fully screened from view of adjacent properties and public right-of-way; and d) Hours of operation-may be limited by the Council to protect any neighboring residential properties from adverse impacts. 539.09. Prohibited uses. Subdivision 1.. Prohibited uses are listed in Section 516.11. Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter or in Subsection 512.11 is prohibited in the I District unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Section 509.05 of this code: 539.11. Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the I District. All dimensions are in feet, unless otherwise indicated. i Mmimum lot width ! Interior lot: 75 Y Corner lot: 100._ i Minimum lot_area _ _ ! ~~~ 10,000 square feet ~~ Maximum impervious ~j 90 percent surface coverage i Richfield City Code Page 539-2 ,Setbacks -building ~~~ Principal building [: Accessory building j Front _ _ .Rear (see also~Subd. 2~~ . Adjacent to residentially f ~ 40 __ ~~T^-T _ ~5 ~ 40 ' ~~___ 8 zoned or used parcel` Adjacentto non- 5 =' S residentially zoned or used. ~ i ' arcel ~ L i Street L corner side ~ 30 ~~ 30 I Interior side Adjacent to residentially -- ~~ 25 25 i zoned or used-.parcel ~_ ~ _ .Adjacent to'non- 3 3 [ ' residentially zoned or-used arcel I _.. ~ _ . ._ __. ._._. ..~ _c Maximum building height 50 .. .. . ___.. _ ~_ _ 15 -.(but see Subd. 3Z _ " ... ~ ~ _. Story limitations 3 stories l stories Subd. 2. Additional setback requirement: `vehicle access door facing a rear lot line. Whenever any accessory building is ocated in such a manner that a vehicle access door faces a rear lot line, such rear: setback requirement shall be not less than 20 feet; Subd.3. Additional height for certain structures. Towers, water tanks, or other,. appurtenant structures maybe increased ono more than 150 feet in height, provided that the required setbacks be increased .one foot for each two feet of building height in excess of 50 feet, and provided such structure does not exceed 15 percent lot coverage or 1,600 square feet,in gross floor area at the base,:whichever is less. Subd. 4. Parking lot setbackreduction. All-new parking lots are-expected to locate 8 .feet from the right-of-way. In cases where modifications. are being made to ari existing . lot, the. 8-foot setback maybe reduced to 3 feet if the applicant can demonstrate that the greater setback is not possible due to site constraints and if the. applicant is able to meet': landscape requirements without the setback. _ Richfield City Code -Page 539-3 , Industrial (I) District 539.13 539.13. Other regulations. Subdivision 1. The following additional requirements apply in the I District. .. Subd. 2. Site plan review. All developments in the I District are subject to Site Plan - Review as described in Section 547.13. Subd. 3. Performance standards. All developments shall be constructed and maintained in accordance with the applicable performance standards. set out in Section 544 of this code. Subd. 4. Suns. Signs within the I District shall be regulated by Section 416 of the City Code. Subd. 5. Design Quidelines. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. Richfield City Code Page 539-4 ,P S 542 Z N U I D L ` ECTION - ONING: LA NED N T EVE OPMENTS. - 542.01 Purpose . ....::: ...:...........::.. ..,....:...::...........:. .:....::: ....::,:.:...:.:.:..542-1 542,03 Scope of PUD Districts ...:...........:.. ..,..., ..:.....:..:....:.......... .:........:542-1 542:.05 PUD review procedures .....:::: .....:::: ..:.....: ........:...:..:, .....:.::....::.::::542-2 542.07 Conceptplan review ..........:::......::.....::..: ..:..:....:..:.......:.:.. :.:.......:542-2 542:09 Preliminary development plan review ...:::... ....:..,: .:.....:.:.....::............:542-3 542,.1:1 Final development plan and conditional use permit ...::.:,...:.::....:...:.:...:542-5 542:13 Amendments to an approved PUD and final development plan .::.........;..542-5 :542:15 Fees .:::::...:::.::..:. ........:5.42-7 . 542..01. Puruose. Subdivision l . Planned unit development (PUD) regulations provide an opportunity for innovative and creative development, while assuring that the development will complement existing.. neighborhood character: These regulations allow flexibility beyond that allowed by other zoning districts, if the proposed development is well designed and can be`successfully integrated into the neighborhood. Planned developments provide flexibility°n the application of he zoning code as it pertains to dimensional. requirements, density and land uses without the use of'the variance procedure of the code. Planned developments; are also intended to encourage the efficient use of land and resources, to promote efficiency in public and utility services, and to encourage innovation in:"the planning and;building of all types of development. 542.03.. Scone of PUD Districts. Subdivision 1. Planned district regulations are applied in conjunction with a guiding district, as described in the following table. The planned district provisions may modify any portion, of the regulations of the: guiding district or other regulations of the code:'The provisions may apply additional requirements or allow exceptions to general, regulations. The specific regulations of the guiding district or other regulations of this code. apply unless the planned district provides other regulations-for the same specific topic: ~~PUD District ~ A breviation ~ Guiding Districts ~~~~^~~T-~ j Planned Residential T ~ PR ~ R & R-1 ' ~' ~ _ _ Planned Two Family Residential - ~ PMR-1 ~ .k ~ MR-1 ~~ P~_=Tanned Multi=Family Residential PMR _ MR-1, MR-2, & MR-3 Planned Neighborhood C_ommer_cial Planned General Commercial ,Planned Mixed: Use __~~~ ' ~ Planned Industrial ~ PC-1 ~ PC-2 ~ _ PMU_~ PI ~ C-1 _ :_. C-2 & C=3 MIJ N, M[J C, & MU-R I .~. _ ~. _ Subd. 2. Minimum area: A PUD district shall contain-not less than one acre Planned Unit Development (PUD) District 542.03 Subd. 4. Mixed or multiple land uses. Both residential and non-residential land uses may be included in a single PUD district provided that: a) The uses are those that are authorized in one of the six types of PUD districts; b) The land use that is not normally allowed in the guiding district -shall ..not occupy more than 25.percent of the gross floor area in the planned unit development; and c) Not withstanding the foregoing, an adult establishment as defined- and regulated in Section 1196 of the City Code is not permitted in any PUD district other than a PC-2, PMU, or PMI district. 542.05. PUD review procedures.- Subdivision 1. Applications for rezoning to PUD and approval of a site plan in a PUD zoning district shall follow these steps: 1) .Concept plan review 2) Preliminary development plan review{PDP) 3) Final development plan (FDP) review. Subd. 2. Optional submission of final development plan (FDP). Incases of single-stage PUDs, or where the applicant wishes to begin the first stage of a multiple-stage PUD immediately, the applicant may at his option submit an application for the FDP review simultaneously with the concept plan review: In such case; the applicant shall comply with all provisions of this chapter applicable to submission of the FDP. The Planning Commission and City Council shall consider such applications simultaneously and shall grant or deny the FDP in accordance with the provisions of Section 542.11. 542.07. Concept plan review. Subdivision 1. The purpose of the PUD Concept Plan is to afford the applicantan opportunity to have the general feasibility of a PUD proposal informally reviewed by the City without incurring substantial expense. Subd. 2. Required information. A-PUD concept proposal statement shall provide the following information, a completed .application. form and the required review fee: a) Name and address of person(s) requesting establishment of the PUD district; b) A drawing that identifies the location and boundaries of the proposed PUD district; c) A .preliminary site plan with a written narrative and financial/funding summary; the narrative shall describe how the PUD advances the Richfield City Code 542-2 Planned Unit Development (PUD) District 542.07 objectives of the Comprehensive-Plan and why,the PUD serves better than the regulations of the guiding.dstrict to meetthose objectives. d) Anticipated timing for each stage of development; and e) Any additional information as required by.the Director to determine the PUD's conformance to `the Comprehensive'Plan and any applicable redevelopment-plans. • Subd. 3. Response to the•PUD concept proposal statement.- Within 20 days of receiving a completed PUD concept plan application; the Director shall produce a written response to the application that may include comments and/or recommendations. A PUD application: may proceed only after a response, has. . been submitted. to the applicant..; Acceptance'of or response. to the PUD concept plan by the Director shall not constitute or require approval °of the PUD rezoning or-site plan. Review by-;the Planning Commission. or City Council of a Concept Plan is not.mandatory but may be conducted at the request of the applicant or the recommendation of the Director. 542.09.. Preliminary development plan review. Subdivision 1. All PUD preliminary.. development plans shall be reviewed under the zoning amendment process -asset forth in Section 547.07 of this code. Subd. 2. Required information. In addition'to the information required under Section 547.07 of this. code, the. following must be information is required: a), If land encompassed within a proposed PUD into be platted, replatted or.subdivided, all. material for review under Section 500 of the City Code is also required. Subdivision review under Section ,- 500 -shall be carried out simultaneously with -the review of a PUD. , b) Proposed declarations of covenants, conditions and restrictions, articles of owners, associations and all other such documents as the . Citymay deem necessary: in such form and containing such provisions as will ensure: ' i. That adequate property control is provided to protect the individual owner's rights and property values; and ii. To ensure continuing compliance with-the PUD, as approved., c) ` The City shall require that declarations of covenants, conditions and restrictions, or other documents,provide that in the event any. - association or corporation-fails to; maintain properties: in accordance. with -the applicable: ordinances and regulations` of the City or fails to, pay taxes or assessments on properties as they. become due, -and in the event the City incurs any: expenses in enforcing its ordinances or rules: and regulations, which expenses are not immediately • reimbursed by the association or corporation, he City shall have the Richfield City Code 542-3 Planned Unit Development (PUD) District 542.09 right to assess each property its pro rata share of such expenses. The assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. Subd. 3. Required findings. The findings necessary for approval of a PUD application shall be as follows: a) The proposed development conforms with the goals and objectives of the City's Comprehensive Plan and any applicable redevelopment plans; b) The proposed development is designed in such a manner as to form a desirable and unified environment within -its own boundaries; c) The development is in substantial conformance with the purpose and intent of the guiding district, and departures from. the guiding district. regulations are justified by the design of the development; (Amended, Bill No. 2002-22) d) The development will: not create an excessive burden on parks; schools, streets or other public facilities and utilities that serve or are proposed to serve the development; e) The development will not have undue adverse impacts on neighboring properties; and f) The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. Subd 4. Limitation on preliminary development lp an ap rp oval. The City Council's approval of a PUD preliminary development plan shall expire unless: a) .Construction has commenced or an application for final plat has been filed within one year of the date the City Council-approves the PUD preliminary development plan, or b) Construction has commenced or an application for final plat has been filed within two years of the date that the City Council approves the corresponding final plat for the first stage or the entire boundary of the PUD preliminary development plan, or c) The applicant files a written request for an extension with the Director at least 14 days prior to expiration of Council approval. Upon receipt of said request the following process shall be carried out: Richfield City Code 542-4 Planned Unit Development (PUD) District 542.09 i. The Director shall place the applicant's request on the agenda o€ . a regularly scheduled Counclmeeting to held within 30 days. of the filing of the .extension request; ii. '-The Council of its discretion may grant the extension for not more than one'year if uch extension is demonstrated to be necessary: One such extension-may be-made. Subd. ,5. Site improvements.. A grading permit may be .issued at any time following the City Council's approval of the PUD Development Plan. 542.11.- Final development plan and conditional use permit. Subdivision 1. Upon approval of the PUD application`and rezoning; but prior to issuance of:building permits, the 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: This plan must be consistent with the: approved PUD application: Final development plans and conditional use permits shall be processed according to the procedures established in .Section 547.09, Subdivisions 4.and S:. Subd. 2. Submittal requirements. Application for final development plan acid conditional use_permit approval shall consist of the following: - J a) If required,. a final plat.of:the land to be developed; b) All materials required under Section 542.09 in "final" form; c) Additional information.as required by the Director or Council. l n d an a Subd. 3. Lesal instruments. As part of the final development p conditional use`permit, the`applicant shall submit "final".declarations or , covenants;.conditions and restrictions, articles of owners,:"associations and all other such documents as the City may deem necessary pursuant to Section 542:09; Subdivision 2 of this code. Subd. 4. Building Permits. Upon approval: by the Director, the building permit application, along with the appropriate information°required for building'penmits shall be submitted to e'Building Official who shall process the building permit in-conformance with the Building Code. „: Subd. 5. Security deposit. Security deposits sha1T be provided in accordance'wth Section 547.17 of this: code. 542.13 Amendments to an approved PUD final development plan. Subdivision 1. Amendments to an approved PUD Development. Plan shall_be '' administered. as follows. Subd. 2.:Minor Amendments. Minor:amendments to a PUD final development plan are: a) Increased signage (Changes that do not result,in an increase in signage do not require an amendment.. All changes to signage require a sign permit.); Richfield City Code 542-5 Planned-Unit Development (PUD) District 542.13 b) Landscape changes; c) Parking lot configuration changes (not change in number of spaces); d) Less than a ten percent change in floor area in any one structure; e) Less than a ten percent change in the approved separation of buildings; f) Less than five percent.change in the ground area covered by the project; g) Less than a five percent change in the number of residential units; or h) Less than a five percent change in the number of parking spaces. Subd. 3. Major Amendments. Major amendments to a PUD final development plan are: a) Any decrease. in the amount of approved open space; b) More than a ten percent change in floor area in any one structure; c) More than a ten percent change in the approved separation of buildings; d) Any change in the original approved setbacks from property lines; e) More than five percent change in the ground area covered by the project; f) More than five percent change in the number of parking spaces; or g) The introduction of new uses not included in the FDP approval. Subd. 4. Review of minor amendments. Proposed minor amendments (as specified in Subdivision 2 above) to a PUD Development Plan shallbe reviewed and decided by the Director. Decisions of the Director may be appealed to the City Council. The Director may determine that a proposed minor amendment is in-fact a major amendment and may refer such proposed amendments to the Planning Commission and Council according to the procedure established in Subd. 5, below. Application fees for a minor amendment to a PUD Development Plan are set forth in Appendix D of this code. Subd. 5. Review of major amendments. Subdivision 1. Any major amendment to a PUD Development Plan shall be considered by the Planning Commission at a public hearing. The recommendation of the Planning Commission shall be considered by the City Council. Any major amendment shall require a majority , _ vote of the Council. Richfield City Code 542-6 • SECTION 544 <- ZONING: GENERAL BUILDING AND PERFORMANCE STANDARDS ` 544.01 Purpose and application .:..;.:.: ..:...::........:..:..,,:.. .....:,........:......:.:...,544-1 544:03 Landscaping and screening requirements :.;, .......: ......:.:......:: ....:...:..544-1 544.05 Screening of refuse collection and utilitarian items- ...::::.....:.... :...:::....544-9 544:07 Architectural standards ... 544-10 544.09 Exterior lighting ....:: :........ .:.......:.:.. :.............::. ...:.... ..::..::...:.....: 544-11 544.:11 "Traffic and parking studies : ..:.......:. ....::.:... ............. , .:..:.:....::.....544-12 544:13 Off: treet auto parking-and truck loading requirements .:.. ........:..:....::544-13 544.15 Pedestrian circulation and access ::.,.... ,.::......:.::.....::.:. .:...,:...::....:544-19 544:17 Bicycle parking ::..544-20 ...... 544:T9 Underground utilities.......: ...:.......:.....:::. .........:.........::..: .....:...544-20 544.21. " Stormwater management ....:.....:.:....: .....:.......::.....:.:. ....::.:.......:..544=20 544.23 Solar access" protection. ..: :544-20 ...... 544.25 Telecommunication towers .::.::...:.. ..::.,..: .,..:.::: :....:... .....::.. .......:.544-21 ` " 544.27 Environmental effects :....:.::......:..:::..:.:: ..:......:......::: ...:............::544-26 544.01. P"urpose and application. Subdivision 1. Purpose. These performance standards establish. specific requirements and: quantifiable limitations, intended to ensure • highstandards of development, promote compatibility. among various uses of land, and and welfare of the communit to rotect the health safet y. p , y Subd. 2..Application: The. performance standards outlined in this Section 544 shall .apply to all new developments, including. full redevelopment.: These standards shall also apply when-a development application'involves existing developments with. non-conforming site improvements hat are required to comply based on Section 509.23, or changes that lead to an increased intensity of use. Single- and two-family developments'are exempted from Section 544, unless otherwisenoted.: 544.03. Landscaping-.and screening requirements.: Subdivision 1.: A landscaping and screening plan hall be submitted as part of any Site Plan application (Section347.13). Subd. 2: Purpose. The City of Richf eld finds that proper landscaping on newly built or redeveloped sites adds to the health, safety, aesthetic, 'ecological and economic values of the. community. The provisions of this section are intended to: a) Add visual interest to open spaces-and blank facades; . b) Soften: dominant building mass; c) Provide definition for public walkways and open space areas; - d) Enhance the streetscape by separating the pedestrian from motor vehicles • and by reducing the visual impact. of large expanses of pavement; PZichficld City Code 544-1 General Building and Performance Standards 544.03 e) Ensure significant tree canopy shading to reduce glare and heat build-up; f) Improve the visual quality and continuity within and between developments; g) Provide screening and mitigation of potential conflicts between active areas and more passive areas; h) Protect and improve property values; i) Improve air quality and provide a buffer from air and noise pollution; j) Ensure aesthetic treatment of ponding areas; k) Enhance the overall aesthetic conditions within the City; 1) Limit sight line obstructions; m) Reduce the potential for criminal and illegal activities; and n) Prevent conflicts with utilities. Subd. 3. Plan submittal requirements. Landscape plans shall be prepared by a landscape architect or other qualified person (as determined by the Director), drawn to an appropriate. scale and show: a) Current and accurate certificate of survey; b) Locations of existing and proposed buildings, parking lots, roads, walkways and other improvements; c) Proposed grading and drainage plan with no greater than two (2)-foot contour intervals; d) Location and approximate size of existing trees greater than:four (4) inches in diameter and shrubs; e) A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions; f) Planting details illustrating proposed locations of all new plant material; g) Locations and details of other landscape features, including berms, fences, and retaining walls; h) Across-section drawing at a measurable scale illustrating the effectiveness of proposed screening both at the time of planting and the anticipated screening with five years of growth (if requested by the Director); Richfield City Code 544-2 General Building and Performance Standards ~ 544.03 i) Details of restoration of disturbed areas, including areas to be sodded or seeded; j) Irrigation systems including system limits; and k) A security deposit shall be provided in accordance with Subsection 547.17 of this code: Subd. 4. General landscaping_reyuirements. The City ntends'that each new landscaping and screening plan be designed to a high level of quality because of the needs imposed by the;relatively high development densities and.land values in Richfield. Designers shall strive to meet the standards outlined in Subdivisions 4 through;? below. However, the Director shall review and decide the adequacy of each landscaping,and screening design based on whether or not it meets the intent of this ordinance. The Director shall advise the Planning Commission as part of Site Plan :Review. ~ '' ' a) 'Area to be landscaped: All-open areas ofa lot which are. not used or improved :for required parking areas, drives or storage shallbe landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground - cover materials. b) 1Vlaterials: The plan for landscaping shall include ground cover, shrubs, trees, - public-art, walls; fences, decorative walks or other features or materials acceptable to the Director. c) :Tree types and species: For sites requiring 10 trees or more as determined by :Subd. S for residential,sites and Subd. 6 for commercial sites, not more than 50 percent of the required trees'shall be composed of one species. No required tree shall be any of the. following: i. A_speees of the genus Ulmus (elm),:-except. those elmsbred to be immune to Dutch elm disease; ii. Box elder; or `iii. Female ginko. d) Minimum sizes of ornamental: trees and shrubs: Ornamental trees shall ', generally have a minimum caliper of 1-112:inches (Caliper and height requirements apply only to trees needed to satisfy the City's quantity. requirements: Once-these are satisfied, any size can be used.) Shrubs shall be five (5) gallons. in size. e) Tree sizes: For sites requiring 9 trees or fewer, overstory trees shall Have a minimum caliper of 2.5 inches, and coniferous trees shall`be a minimum of 6 feet in height. For sites requiring l0 trees or more as determined: by the- following subdivisions; distributions shallbe as described below: ,. , Richfield City Code 544-3 General Building and Performance Standards 544.03 Building Height Minimum overstory tree size ** - in tali er inches (in stories) * 2.5 3.5 4.5 1 70% 20% 10% 2 60% 20% 20% 3 50% 30% 20% 4 40% 30% 30% 5+ 30% 40% 30% * Single-story building with a front facade greater than 16 feet shall use the 2-story requirements. Parking structures with arty portion of a floor at or above finish grade will be considered a story. * * To determine the minimum heights of coniferous trees multiply the overstory tree caliper inch requirement by 2.4 Tree quantities may be increased in exchange for smaller sizes with the approval of the Director. Generally, new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. The Director may approve some to be bare root if the species is acceptable and the quantity is increased. f) Ground cover: All lot areas not covered by buildings, sidewalks, parking lots, driveways, patios, or similar hard-surface materials shall be covered with sod or an equivalent ground cover approved by the City. (Gravel and/or landscape rock by itself does not constitute groundcover.) g) Sight lines: Plantings after five years' growth must not interfere with auto traffic sight lines at intersections nor interfere with pedestrian movement. h) Irrigation: All landscaped areas within new developments or developments with additions of 100 percent of gross floor area or more shall be irrigated by an underground mechanical irrigation system. All other sites are highly encouraged to install irrigation systems. i) Existing trees and shrubs: In instances where healthy plant materials of species acceptable to the Director exist on a lot prior to its development, the application of _the standards in this subdivision may be adjusted by the City to allow credit for such material, provided that such adjustment is consistent with the intent of this Code. A reasonable attempt shall be made to preserve as many. existing trees as is practicable and to incorporate them into the site plan. No clearing shall be allowed on a site until tree retention and landscaping plans have been approved. The following practices shall be followed in order to protect existing trees: Protective fencing consisting of steel posts and conspicuously colored fence at least 48 inches in height shall be placed in a location surrounding the protected trees so that they will not be damaged or jeopardized by construction. The protective fencing shall be placed prior to the issuance of any development permits and shall remain in place and in good condition until any construction work that may jeopardize the health of the protected trees has been Richfield City Code 544-4 General Building and Performance. Standards 544.03 completed. The protective fencing shall be installed at the edge of • the tree canopy or dripline or at a location defined by the Director; ii. ; ;..Areas within the protective fencing shall be off-.limits to workers, .visitors,: operating equipment, parked equipment, parked vehicles,. .storage of materials and pedestrian traffic; iii. Storage of fuels; chemicals; solutions and washing equipment shall' be no' closer than 75 feet from fenced areas; _ iv. Whenany construction raffc must pass nearer to a protected tree - than its drpline, a 12 foot wide by 12:inch deep layer of shredded hardwood mulch shall be placed over the impacted area. The 12 foot width by 12 in depth shall be maintained for the entire period of construction that: affects -the protected tree. T'he :mulch-shall be removed entirely at the.end of construction; v. Runoff from the construction site must be diverted to prevent entrance or puddling in areas within the protective fencing; vi ,Trees removed in the construction area shall be felled away from areas of protected trees to avoid disturbance or damage; vii. .Stumps must be ground to a depth of l :foot below.ground level Woodchips must be removed and the hole filled with appropriate topsoil for the area; viii. Pruning of protected trees will be allowed only. for removal.: of damaged, disfigured or crossing branches; climbing spikes-shall not be used to perform pruning; ix. All brush must be: removed; x. Diseased wood cut from any site shall be disposed of at the tree disposal site serving the City; xi. If roots of trees to be protected-are disturbed or damaged by construction, they shall be immediately and cleanly cutback to sound healthy tissue and covered with topsoil`to a depth of ix inches; - xii. Any roots of protected trees that are uncovered by construction operations shall be immediately covered with. topsoil to a depth of six inches; xiii. Protected trees, and especially any tree damaged or disturbed by - construction operations, shall be: watered during the growing season in order to maintain adequate but.not excessive soil moisture; .. Richfield City Code ` 544-5 General Building and Performance Standards 544.03 xiv. All work shall be performed with the proper equipment by qualified personnel; xv. Where fill must be placed around protected trees, a section of protective fencing shall be placed around the trunk ofthe tree, including root flares. Heavy equipment shall not be used to remove soil nearer than 10 feet from a protected tree. Removal of soil nearer than 10 feet from a protected tree shall be performed by hand; xvi. Oaks are very susceptible to root damage by soil compaction. Avoid placing fill around oak trees.. This will avoid compaction by the fill itself and by equipment used to remove it from around the tree; xvii. For sites with significant existing trees to be protected, or where limited space exists around trees to be protected, the Director may require that a qualified arborist or forester be "on-call" during the project. In-this case, the name and telephone number of the qualified arborist or forester-shall be placed prominently on the approved construction documents; xviii. Because some construction impacts cannotbe avoided, and because damage to a tree's root system is not immediately evident, the Director may require submittal of a plan for post-construction care for sites with protected trees; and xix. Quality trees, as determined by the City Forester, of 4-8 inch caliper should be transplanted on site or to another site when possible. j) Slopes: Final slopes greater than 3:1 are assumed to be unmowable and must have special treatment such as special seed mixtures or reforestation, terracing or retaining walls. Berming used to provide required screening of parking lots .and other open areas shall not have slopes in excess of 3:1. k) All landscaping must be installed within one growing season of building completion or occupancy, whichever is first. A final certificate of occupancy shall not be issued until all landscaping is complete. If, due to weather conditions, it is not feasible to install required landscape improvements, a temporary certificate of occupancy may be issued. Subd. 5. Residential sites. Residential sites shall be landscaped to improve the livability, beauty. and value of housing; to screen and mitigate views of large parking areas; to reduce the effect of traffic noise; to provide shade; and to help protect water quality. Richfield City Code 544-6 b) Commercial edges: The density and initial size of plantings shall be increased " . along non-resdential.edges and may be combinedwith berms; walls and fences: to achieve the objective of protecting the values;: quietude.and privacy , of the $ousirig. Landscaping on the ,adjacent non-residential property may not be substitutedfor plantings on the°residential property. Subd. 6. Commercial-and mixed-use sites. Commercial, multiple-use-and vertically mixed-use developments shall'use plant materials, ;berms, slopes„retaining walls, fences ,low masonry walls and public art to enhance the appearance of buildings and parking areas;'to provide visual relieffrom-.long blank walls; to improve he • environment for pedestrians; to improve compatibility with adjacent housing; and to help protect surface water quality. >. a) ::.Locations: Such treatmentsahall occur on the perimeter of the site, within parking areas and along building edges. In partietzlar, special attention should be paid;to providing visual and auditory separation betweem commercial and: residential land-uses-and in hiding features such as truck docks and rooftop mechanical equipment. b) Quantities: Landscaping plans shall' include a mixture of overstory, ornarriental, ground cover and berming. At, a minimum, plantings shall be provided on commercial and mixed use sites at this rate .(which includes the plantings for parking lots): ; i. One ree per 2,500 square feet of Developable Landscaping Area; and ii One shrub:per 1,000 square feet of Developable Landscaping: Area Developable Landscaping Area is defined as the total area of a development site orphase minus the portion of that area within a natural waterbody or a protected wetland. c) Residential buffer yard: -The density and initial size of plantings shall be increased along residential edges and may be combined with berms, walls and • Richfield. City Code - 544-7 ~, ~~ ' ~ Single-;and-Two-Family ~ Multiple-Family Dwellings Overstory 3_ Dwellings _ ~ deciduous trees 1 der dwelling t 1 er dwelhn~unit _.~ Coniferous trees ; i Maybe substituted on aone-for-one basis for the overstory deciduous trees. ~ Ornamental deciduous trees ~ 1 per unit. Understory ~ Foundation plantings. are ~ Foundation planting are-; shrubs ~ ' required in all areas visible ~ required iri all visible areas. I r -.:.T~_~._..__ ' from thepublic st eet. ~ General Building and Performance Standards 544.03 fences to achieve the objective of protecting the values, quietude and privacy of the housing: When not regulated by other regulations of this Code, a buffer yard of not less than 25_feet in width and 50% all-season opacity from the ground to a height of 6 feet shall be provided to separate all aspects of non-residential uses from abutting residential parcels. 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. At the discretion of the. Director,. an elevation drawing may be required for any residential buffer yard showing the visual effect after five. (5) years of growth as viewed from the residential property. d) Buffer yard adjacent to non-residential land use: At a minimum, a mixture of overstory and coniferous trees and shrubs shall be planted along the street edge of all parking lots at the rate of 1 overstory, tree (or 1 coniferous tree) for every 50 feet of street frontage (on average, maybe grouped) plus 20 percent of the ground covered by shrubs and/or perennials. Subd. 7. Parking lots. Landscaping for parking areas shall screen and, mitigate the view of the parked cars and hard- surface from adjacent surface streets and from .adjacent residential.or commercial-properties during all seasons of the year; shall enhance the view of the building, whether commercial or residential; shall break very large parking areas into identifiable bays; may be used to visually guide motorists through the lot and to or from the entrances; shall provide some shade for pedestrians and autos; and shall provide an area for pedestrian movement between public streets and the primary building. a) Perimeter plantings: At a minimum, a mixture of overstory and coniferous trees and shrubs shall be planted along the street edge of all parking lots at the -rate of 1 overstory tree'(or 1 coniferoustree) for every 40 feet of street frontage (on average, may be grouped); in addition, 25 percent of the ground should be covered by shrubs and/or perennials. The view to the parking lot from grade level should be screened to a height of three to four feet with a combination of shrubs and/or earthen berms. These plantings should normally be located on private property three feet behind the property line but may be located in the public right-of--way with the approval of the Public Works Director. In some areas, additional elements such as a hedge and/or a fence may also be required at the discretion of the Director. b) Interior plantings: Parking lots for more than 25 vehicles must have at least 5 percent of their area devoted to landscaped islands planted with overstory deciduous trees. The City prefers fewer but larger interior planting areas in parking lots for the sake of lower maintenance, better tree health and greater visual effect. The minimum size of a landscaped island is 180 square feet with a minimum curb-face-to-curb-face dimension of 10 feet. Each planting island Richfield City Code 544-8 General Building and Performance Standards 544.03 should: have two overstory trees. or two ornamental trees if branches do not . interfere with sight lines or pedestrian movement. Compacted soil in planting islands should be removed to. a depth of 3.5 "feet to provide adequate: drainage. Subd: 8. Streetscape plans and boulevard plantings. a) Streetscape plans: In areas where a district or street-specific planting plan: has been adopted by the City Council for the`public streetright-of--way,- :.development must provide landscaping as set forth in that streetscape plan. Streetscape plantings located within the property lines ofthe site may be .credited toward the required number of trees and shrubsbut plantings in the public right-of-way shall not. Landscapingplaced or removed in the public ' right-of-way mustreceive Cty~approvals for right-of-way plantings and must conform to City right-of--way. planting policies. b) Boulevard plantings:.,In. instances of constrained -sites (544.01. Subd. 9(b)), landscape standards maybe met through boulevard plantings under a permit from the Richfield Public Works Department. Subd. 9. Landscape and screening maintenance. The property owner shall "be responsible for maintenance. of all landscaping, screening `and fences in aaafe and sightly condition. and forreplacement of any dead trees, shrubs, ground cover and sod required by:this section. 544.05. Screening of refuse. collection and 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 (exception see (c)): a) Materials. Required-screening may be achieved with fences, walls, earth berms, hedges, two" staggered rows of coniferous trees,`,a dense deciduous hedge, or other-landscape materials.: A11"walls and fences shall be architecturally harmonious with the: principal building. Earth: berms shall not. exceed a slope of 3:1: unless specially treated and approved. b) .Locations.. All required screening or buffering shall be located on the lot occupied by the use, building, facility, or structure to be screened. No screening shall be located on any public right-of way or within eight feet of the traveled portion of any street or highway: c) Site improvements or redevelopment consisting-of less-than a 100 percent" increase. in gross floor area where the above requirements are impossible to -meet based on site constraints as judgedbythe Director shall conform to the ,. following requirements: i. 'All residentialatructures with more than three units and`all commercial,'industrial, and institutional uses"shall provide a screening Richfield City Code 544-9 . General Building and Performance Standards 544.05 enclosure for required dumpsters. Such enclosures shall be high enough to completely screen the dumpster from all property lines; ii. Dumpster enclosures shall be constructed of durable, weather resistant materials which-are properly anchored: Enclosure materials shall be similar to the principal building; iii. Dumpster enclosures shall provide sufficient space for required dumpsters and additional -space for storage of recyclable materials. In no case shall they exceed 600 square feet in area; iv. Dumpster enclosures shall be located behind the front building line of the principal building (as extended to the side lot lines). Enclosures shall be set back not less than five feet from any lot line or any other building on the premises, unless .integrated into such building or approved by the Building Official; and v. All dumpster enclosures shall have a concrete floor. 544.07. Architectural standards. Subdivision 1. Architectural plans shall be prepared by an architect or other qualified person and shall show'the following: a) ..Elevations of all sides of the building; b) Type and color of exterior building materials; c) Typical floor plans; d) Dimensions of all structures; e) The location of trash containers and of exterior electrical, heating, ventilation, and air conditioning equipment; fj Utility plans including water, sanitary sewer, and storm sewer; and g) Additional plans deemed necessary by the Director. Subd. 2. Building orientation. Buildings shall be oriented so that at least one principal entrance faces the public street rather than the interior of the site. Subd. 3. Exterior Materials. The main exterior wall surface ofall buildings shall be constructed of wood, brick, stone, cementitious planks (e.g., Hardiplank~), glass, architectural concrete textured surfaces or other materials of high quality as approved by the Director. Unadorned pre-stressed concrete panels,. standard concrete block and unfinished metal, except naturally weathering metals such as copper, shall not be permitted as exterior materials for buildings. This restriction shall apply to all principal structures and to all accessory buildings, including parking ramps, except those accessory buildings not visible from any exterior lot line. Richfield City Code 544-10 General Building and Performance Standards 544.07 Subd. 4. Architectural Des Compatibility. The exterior architectural appearance of the proposed structure shall not be so at variance with the exterior architectural appearance of existing- structures within the immediate area, or with the intended character of the. applicable zoning districts; taking. into consideration. building materials, size,- shape and heights, so>as tocause an adverse.impact upon property values in the immediate area, or the City as a whole, or adversely affect the public health,. safety and general welfare of the portion of the City in which the property is located, or,the City as a whole. ..Subd. 5.: Window Treatment. Windows orsimulated windows shall at a minimum be used on'the ground level of any wall parallel to or nearly parallel to a street. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall beprohibited. Subd. 6. Equal. Fagade Treatment. All buildings shall be constructed so that each exterior wall and roofsurface;is finished with materials of consistentquality as those of the front wall and front roof. This requirement, however; shall not be applicable to walls or roof surfaces;which are completely screened from view by other buildings. Subd. 7. Facade Treatment of Accessory Structures. All structures, including parking ramps-shall be designed to be architecturally integratedinto the overall site and be made of comparable materials -and decorative elements.' ` `Subd. 8: Fagade Maintenance. All facade reatments shall be maintained so as to , not be unsightly in appearance or in a stateof disrepair, nor shall harmful health or ` . safety conditions be present for the.life of the project. 544.09.: Exterior lightin:T. Subdivision. L Lighting-shall be designed and: arranged to restrict direct illumination-and glare onto abutting parcels. Subd.. 2. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic and pedestrian safety on public streets and sidewalks.; These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. Subd. 3.: Flickering or flashing ,lights shall not be permitted, ..Subd. 4. Direct off-site views of the light source shall not be permitted except for .globe and/or ornamental light fixtures. Globe and'ornamental fixtures shall only be - .used if the developer can demonstrate that. off-site.: impacts stemming from direct views of the bulb are mitigated by-the fixture design and/or location." Subd, 5. Lights under e canopy of a gasoline dispensing station or similar. ' structure shall not be directly visible from a public street or another properly. Such .lights shall either be recessed into the underside of the canopy or screened from view :. with shields. Richfield City Code :544-11 General Building and Performance Standards 544.09 Subd. 6. 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, Subd. 7. Poles in parking lots shall have a maximum height of 24 -feet measured from finished grade. Subd. 8. 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. Subd. 9. "Wall paks" shall be permitted only in loading and service areas and shall be down-lit and shielded from view. Subd. 10. 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. Subd. 11. Lighting should highlight entrances, art, terraces and special landscape features. Subd. 12. The City may require, at the developer's expense, submission of a photometric lighting plan to ensure that adequate and appropriate light levels are provided for each site condition. The following levels of illumination should be maintained for each of the specific locations*: a) Building entrances 5.0 foot-candles b) ..Sidewalks 2.0 foot-candles c) Bikeways 1.0 foot-candles d) Courts/Plazas/Terraces 1.5 foot-candles e) Ramps 5.0 foot-candles f) Stairways 5.0 foot-candles g) Underpasses 5.0 foot-candles h) Waiting areas 1.0 foot-candles i) Parking lots 1.0 foot-candles j) Roadways 1.5 foot-candles *Values given are in minimum average maintained horizontal foot-candles which are measured at the average point of illumination between brightest and darkest areas, 4'-5' above the ground surface. (Source: )ES Lighting Handbook - 4a' Edition). Subd. 13. Site lighting should provide consistent levels of illumination, avoiding pockets of very high or low levels of illumination: 544.11. Traffic and parking studies. Subdivision 1. In review of a project or application, the City may require, at the developer's .expense, submission of a traffic and/or parking analysis that is prepared by a traffic engineer. Such analysis shall assess .the potential impact of a proposed project on roadways, intersections, and/or on-site parking and circulation. Richfield City Code 544-12 General Buildingand Performance Standards 544:11 Subd. Z. If a traffic -study indicates that a proposed project or use will have . significant impact on the existing service levels of roadways and intersections; the. City'may require a "traffic management plan" to mitigate traffic impacts. Such plan- may include travel.demand management strategies; use of transit£acilities, or other appropriate measures. to reduce traffic congestion.: Such plan may also-necessitate ,improvements to road systems. The developer shall. be'responsible for installation and expense of necessary road system improvements and pedestrian facilities, and -any such.improvements shall be constructed and installed according to-City = specifications. 544.13. Vehicle narldng and loading requirements: Subdivision 1. Off-street parking and loading areas shall'be permitted only upon approval of a site plan. Subd 2. Review: factors. -The Planning Commission and City Council shall consider the following factors when reviewing site. plan applications for parking and . loading: requirements: a) The adequacy of available parking relative to anticipated demand; b) The adequacy of pedestrian, bicycle and mass.transit generation; - c) The. adequacy of traffic control devices and other general safety factors; d) The adequacy of loading and unloading areas; • e) The adequac of stormwater'mana ement; li htin and landsca a screenin Y _ g g g P g~ f) The impact on nearby streets and intersections; g) The impact on adjacent properties; and h) Compli"ance: with the lot and'stall design requirements of this Section. Sulid. 3..Parking lot design. Parking lots should be ,designed and constructed in conformance ,with "the following - standards: gle i S ~ Stall ~ :Curb 'Width Length ? ;Length* ~ ~ Stall Depth ~ I • Aisle: Width ~: (one-way/ j f two-way) ~ 90 degrees , 9' ~ 19' ! 9' 60 degrees _ , 9' ~ 19' ~ 10.4' ~ I _-19' 21' ] ' 13'/24' 18'/18' ,~ _ ~ _ X45 degrees 9' ~ 19' - ~ ~ 12.7' _~ 19.8' ~ ._. - 13.4' . Parallel _.__.._~.. 8.5' ~ 23' ~~ _~_ 23' 8.5' ~ . 13.'/24' ~} ~ Compact ! 90 d r ~ _^._ 8' l6' , 8' _.~ t ..___ _ 16' I ~ n__ _____ __.._; 13'/24' x( e~ ee~ _.;~.. _~~ _.~:~.~~'-=- -.._.__ ~ ~ General Building and Performance Standards 544.13 Subd. 4, Compact Stalls.: Up to 20 percent of the total number of required spaces maybe designated for compact cars in conformance with the following standards: a) The parking area must have a total size of at least 20 stalls; b) Compact stalls must be identified by appropriate signage; and c) Compact parking stalls are not permitted for high turnover uses (e.g. fast food). Subd. 5. Parking Lot Setbacks. a) Parking lots must be set back eight (8) feet from the right-of--way. b) Parking lots must be set back five (5) feet from adjacent commercial property. c) Parking lots must be set back 15 feet from adjacent residential property with appropriate screening as required by Subsection 544.03 Subd. 5 for residential sites or Subd. 6 for commercial. Subd. 6. Number of Off-Street Spaces Required. Off-street parking spaces shall be provided according to the following minimum standards. Parking for land uses not listed below shall be regulated according to the most similar use as determined by the Zoning Administrator. Land Use ~ ~ ~ Minimum Number of Off-Street ~~~ Parking Spaces Required* COMMERCIAL USES j j Animal hospital ~ 1° for every 200 square feet of gross floor j area. Auto mechanical or body repair shop 1 4 plus 2 per service stall and 1 per 150 square j feet of retail area Bakery 1 1 per 25 square feet of customer floor area. I Bank or similar fmancial service 1 space per 250 square feet of gross floor j area. Bed and breakfast inn 2 plus 1 per room for rent. No required i parking may be located in the front yard nor shall the parking area exceed fifty percent of , the rear yard: Bowling alley ~ 5 per bowling lane plus 1 per 4.5 seats of ~ other related facilities (e.g., restaurant) j Coffee shop ~ _ _ _ ~ 4.5 der 1,000 scauareFfeet of moss floor area. Dance or Physical culture_studio_ _ ~ ~ 3 per 1 000 square feet of ogr ss floor areas _ j ~ care center (adult or child) ~ ~Day enrolled persons based on licensed ~ 1 per S _~ ...._.. .~...._ ._......._.. Health club or fitness center ~ capacit~'•.______.___ _ ..__~.__.~_....._~.__ ~ __... 4 floor area ~ 1 per 225 square feet of gross Hotel ~~~~ --___~ ~._.._ _ __ . r_._ .__._ 1 per room plus 1 per 4.5 seats of other i ___ related facilities e. ., restaurant Medical or dental office Richfield City Code 544-14 General Building and Performance'Standards "' 544.13 Land Use _ ~ ~ ~ Minimum Number of Off-Street - ~ Parking SpacesRequired* Floor area of2,500 square feet or less ! 1 for every 250 square feet of floor area. - ! Floor area greater than 2,500 square feet ~ 1 for every" 200 square feet of floor area: Office -- ! r.. _...--- --; E -Floor area of less~than SO,000~sduare feet l per 275 s uq are feet~of floor area ~ Floor area of 50,000 to 200,000 square l 1 per 300 square feet of floor area ! ..- E - - I - ~~ Floor area of 200,000 to 400;000'square ! 1 per 325 square feet of floor area ~ feet ~ _ _ Floor area of more -than 400,000 square d per 350 square feet of floor area I I feet ~ ~ Other businesses or industries; including ~ 1 per 2'employees plus 1 per vehicle usedm wholesale conduct of the enterp`ri a OR 1 per 800 ,square feet ofgross floor area, whichever is .~_.._. Sho~pin~ center ~. --- _. 'greater. `_ ~ 7._ __ ~....~_.~.~ _..__. ; W ~_ ._ }~Community~(under 50,000 sf)~_~_;_ . _ _ . ~ 3 5 der 1,000~are~feet of dross floor area j'_--_, _,___ ~Re~nal SO,000 sf or morel ,; _ ' 4~er 1,000 square feet of__~r~~oss floor-.area .Restaurants or food service "in shopping ~ Calculated separately unless the restaurant ! centers meets all of these requirements: I • The shopping center floor area is over j i 20,000 square feet I 1 - I The restaurant does not have wait staff ! j serving food directly to the customer while ! seated ' The restaurant does not have.. an intoxicating liquor license i • Therestaurant,does not havein-vehicle ' ;! sales or service `" • The combined total or all restaurants and ~ ~ food services total less than 25 percent of ~ the gross floor"area of the building and ~ shopping center. ~' Retail (other"than shopping center) where ~ " 1 per 200 square"feet of gross floor area ! more than 25 percent of the gross. floor ;- area is customer area , ~ __ Retail (other than shopping center) where _ ___ ___ 1 per- 500 square feet of floor. area. ~ :more than 25 percent of the gross floor-,area j 'is customer area and where the merchandise ~' is large such as furniture, carpeting, large a fiances or automobiles ~_P~..~.._._ ___._ _ ...~.__ ~ ._.. .._......~._.~_~__._.._._~.~I Retail (other than shopping center) where I per 100 square feet of gross floor area i- less than 25 percent of the gross-floor-area is ;customer area and where the product is j icked u or delivered b alron ~L_....._~_._.__...._~_._._.Y~Y.fl___..._w._____ .. ~____._. ..~ Restaurants ~_____ Cl I I ,. .__. _ _ ~~ _._.__. _ , - ass I an _ ,__, d IV _ 10~~_.._,,.___er 1,000 square feet of~ross floor area.. I ' _ ~~ Class III Fast food/ convemence~~ Theater der-1,000 square feet of gross floor area ! ; '1 per 3 seats if.part of a shopping center, 1 ___._ ~ per 2.S seats if free standing " General Building and Performance Standards 544.13 RESIDENTIAL USES ' i_. _.__._.. . . . _ . .. ..__..._._.~.~._ ~ --~---.._.__._ ..__ .._--_--._....___ - . . . ...._._._. ._ ~ ....-_..-._-... . _._..._..-- - _-- : Multiple-family housing _ _ ~ .---_..__~.-.~ ! . ~ ~ _ MR-1 District: two-family dwelling ~ ...__-_-_ ! 2 per housing unit, 1 of which must be -j c ~ .enclosed. Only one curb cut is permitted to ~ert~ . ~r° i the MR-2 District: 8 or fewer units; 9 to 25 . . . _ ....._._..-.__....___ ~ 2 per housing unit. May be reduced to 1.5 units as a conditional use. ~ spaces per-unit for 7 or more units if factors i_...__....._.____..._-....._. ~____.-._.-.~__ .~._ ! MR-3 District: 20 or fewer units; more . warrant. _-. _-- _ , 2 per housing unit. Maybe reduced to 1.25 than 20 units as a conditional use. r._..__------- ----- - ~ spaces per unit for 10 or more units if factors ~ warrant. - -- - Group home (state licensed residential ~ 2 per 5 beds offered for residence purposes. facility~_._. F--. Nursmg or convalescent home. ~.~--._--._ ..._._~... __- _" - 5 plus one per 5 beds offered for residence urposes. .~ i iNSTiTUTiONAL /PUBLIC USES ! Places of worship .and/or assembly ~ ~ ~ 1 parking space per 3 seats based on rated ' j design capacity plus additional parking j spaces, as applicable for accessory facilities ~ ntly. ~ which are used concurre ~ School j _ j : __~ _ _~ .__ W ~ _ .___.._ ._~__ ._... ._.~_...._.. ! K-8 ~_._._-_-_ ~..~.__ ..__~_ ___ 1.l'er emcee plus 8 for visitors _~_~__~ High school _____-_-__~_--..~..~:_.._..:W~`.._..._-...~ -. _.___. ...1 per em~lo~ee plus-1_Per ei t students~:_ Business or trade school ! 1 per employee plus 1 per 3 students based ~- -____-_--_-.._._._-__._-- ~~ j on rated design capacity. ~~_____..____.~^-u~ *If calculation results in a fraction, the next higher whole number shall be used Subd. 7. Parking Maximums. The maximum number of parking spaces for any building or use shall not exceed the amount determined as follows: a) Parking lots of more than 20 and less than 51 spaces. Parking lots may not have more than 120 percent of the number of spaces identified in the above table, not including accessible spaces. b) Parking lots of 51 spaces or more. No .more than 110 percent of the number of spaces required as identified in the above table, not. including accessible spaces, are permitted. c) Additional parking may be provided if it does not increase impervious surface beyond that which would be provided by meeting the maximum .parking required.-Examples of additional parking include, but are not limited to, under structure parking, roof top parking, or structured parking above a surface parking lot. d) An applicant may request a modification of the maximum allowed number of parking spaces by submitting a study of anticipated parking demand. Parking studies shall be prepared by a professional engineer with expertise in traffic and parking analysis, unless the Director authorizes an equally - qualified individual. Richfield City Code 544-16 General Building and Performance Standards 544.13 Subd. 8..Modification of number ofrequired parkin `spaces.. i a) ,An applicant may request a modification.of the minimum required number of parking spaces by submitting a study of anticipated parking demand. _ Parking studies shall be prepared by a professional engineer with expertise in traffic .and. parking analysis, unless an equally qualified individual is .authorized by the Director. b) .Parking may. be reduced by 10 percent for development on anyparcel-which is located within one-fourth mile of a frequently operating transit line, provided that separate pedestrian-ways are provided which connect`the parcel o a transit stop. Afrequently operating transit line is defined as - having: i. Weekday frequency of two runs hour between 7:00 a.m. and 6:30. p.m.; ii. Regularly scheduled service weekdays after 6:30 p.m.;' and iii. Some Saturday, Sunday, and holiday service: This reduction is in addition to reductions by PUD, and for shared;parking: c) Parking for retail,and service uses may be reduced if on-street,parking'is - adjacent to-the parcel and where all of the following conditions exist:. _ i. The principal building is located within 20 feet of the front property line;: ii. No parking exists. between the front face of the principal building and . the street; . iii. A sidewalk exists along all sides of the lot that abut`a public street; iii. A primary building entrance must facer the street with parking; and iv. If the Council finds that such parking will not be detrimental to the surrounding neighborhood. dJ Sites where at least 20 parking spaces are>required, and where: at least one '~ street lot line abuts a transit street may substitute transit-supportive plazas for required'parking as. follows. ;Existing parkng'areas may be converted to take advantage of these provisions: Adjustments to the regulations of the .paragraph are prohibited: i. Transit-supportive plazas may-:be substituted for up to l0 percent of the required. parking spaces on the cite; ii. The plaza must be.adjacent toand visible from the transit street. If there is a bus stop along-the site's frontage, the plaza must be adjacent o the bus stop; iii. The plaza must be at least 3.00 square feet in:area and be shaped so that a 10'x10' square will. fit entirely in the plaza; and iv. The plaza must include all of the following elements: - 1) A plaza open to the public..The owner must record a public access easement that allows public access to the plaza; , - 2) A bench or other sitting area with at least five (5) linear feet of _, . ,,.seating; Richfield City Code 544=17 General Building and Performance Standards 544.13 3) A shelter or other weather protection. The shelter must cover at least 20 square feet. If the plaza is adjacent to the bus stop, Metro Transit may need to approve the shelter; and 4) At least 10 percent, but not more than 25 percent of the transit- supportive plaza must be landscaped. This landscaping is in addition to any other landscaping or screening required for parking areas by this code. Subd. 9. Reduction of Existin Pg_ arking: Parking and loading spaces existing upon the effective date of the ordinance from which this section is derived shall not be reduced in number. unless their number exceeds .the requirements imposed for a similar new use by this section. However, if the existing parking meets more than 90 percent of the requirements of this. section, the number of parking spaces may be reduced to 90 percent of the requirement for the purpose of establishing landscaping where such. a reduction is necessary to construct a landscaping or buffer yard improvement required by this chapter. Subd. 10. Calculating, space for a compound use. Should a structure contain two or more types of uses, the total off-street parking spaces required for each use shall be calculated separately unless requirements for joint parking arrangements can be applied as regulated by Subd. 11 of this subsection. Subd. 11. Joint parking facilities. Off-street parking facilities may be provided collectively in any district for more than one structure or use, if the following conditions are met: a) ,The applicant demonstrates to the Director that, because of the hours, size, and mode of operation of the respective uses, there will be an adequate amount of parking available to each use during its primary hours of operation to meet the needs of such use. b) The joint use of the parking facilities shall be protected by covenants that run with the lots housing all the joint users and the lots on which the parking facility that satisfies the parking requirement of this section is provided. Those covenants shall contain all of the conditions of the joint agreement and shall grant an easement for parking to the joint principal use lots. The manner of execution and content of such covenants shall be in a form approved by the city attorney and the document containing the covenants shall be recorded with the county recorder or the registrar of titles for the county. Parties to the covenant shall reimburse the city for the costs of legal review. Such covenants shall be provided prior to issuance of building or site permits. c) Total required parking spaces for the joint use shall be based on the combined peak requirement and shall not be fewer than the minimum requirements for the use which requires the most parking. Richfield City Code 544-18 General Building and Performance Standards 544:13 Subd.12.; Control of off-site parking facilities. When required parking facilities are provided on a lot other than the lot on which the principal use is located, the . following requirements shall be met: a) When feasible a paved pedestrian way with appropriate pedestrian landscaping and lighting leading from the off-site parking facilities to the use being served has been provided, and is properly maintained; b) The off-site parkingarea and the lot on which the principal use is ocated . must be in the same ownership, or the use of the parking facilities shall be protected by covenants that: run with the land on both`the lot on which the :parking facility is provided and the of on which the principal use is located. The manner bf execution and content of such covenants shall be written. in a form that is approved by the city attorney and the covenant must be recorded with the county recorder or the registrar of titles for the county.. Parties to the covenant shall reimburse the City for the-costs of legal;review. Such covenants shall be provided prior to issuance of building or ite permits; c) The closest point of the-.off-site parking area shall be located no more han' :500 feet from an entrance to the principal building of the use being served as :measured along an established path of travel between the parking lot. and .such entrance. unless shuttle service is provided. If shuttle service is provided,. the location of the parking need not satisfy any distance :requirement; d) ..The failure to provide. on-site par-king will-not encourage parking on the public streets, on otherprivate property, or in private driveways or other areas not expressly set aside for~off-street parking.purposes; and e): The off-site parking shall be'maintained until on-site parking is prodded or an alternate off-site parking facility thatmeets the requirements of this chapter has been approved by the Director:- Subd. 13. Conversion of garage space. No person shall alter a garage to living space or: storage space in such a way thatprevents-the use of the garage for parking vehicles in any residential district including single= and two-family districts,. unless -other legal provisions are made to provide he required parking for the lot. - 544.15. Pedestrian.circulation-and access. Subdivision 1. Pedestrian access points .shall be provided at all pedestrian. arrival; points`to thee. development including the property edges, adjacent lots, abutting street intersectionsr crosswalks, and at transit stops. Pedestrian access shall be coordinated with existing development to II provide circulation patterns between developments. Subd. 2. Conflicts. Pedes#rian walkways shall form an on-site circulation system that minimizes "the conflict between pedestrians and traffic at all points of pedestrian access to on-site parking and building. entrances, and between buildings. - Richfield: City Code 544-19 General. Building and Performance Standards 544.15 Subd. 3. Design Standards. Pedestrian access and walkways shall meet the following minimum design standards: a) Access and walkways shall be well-lit and physically separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic; b) Access and walkways shall be a minimum of six (6) feet of unobstructed width and meet City standards for surfacing of walkways or sidewalks; c) Access shall. be usable by mobility-impaired persons and shall be designed and constructed to be easily located by the sight-impaired pedestrian by either grade change, texture or other equivalent means; d) A crosswalk shall be required when a walkway crosses a driveway or a paved area accessible to vehicles. Raised crosswalks or speed bumps may be required at all points where a walkway crosses the lane of vehicle travel. 544.17. Bicycle narking. Subdivision 1. In order to encourage and aid bicycling as a means of transportation for utilitarian and recreational trips, the Council finds that these requirements are necessary. . Subd. 2 Number of spaces required. For auto parking lots with more than 20 parking spaces, bicycle racks shall be provided in the ratio of 5 percent of the number of required off-street parking spaces. This number can be reduced by the _ Director if proof can be provided that such spaces will notbe used. Subd. 3 Location. Bicycling facilities shall be located conveniently near the major entrance to the building. Subd: 4. Facilities. The bicycle facilities shall be designed to support the bicycle frame and not just one wheel and shall be usable for cable or U-shaped locks. 544.19. Underground 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. 544.21. Stormwater management. All new and modified developments shall comply with the City's comprehensive surface water management plan as administered through the office of the Director of Public Works or receive a variance from the appropriate water management organization as necessary. (Amended, Bill No. 1998-2) 544.23. Solar access protection. No building shall be so tall that its shadow is cast across more than 50 percent of land used for asingle-family or two-family building between the hours of 9:00 a.m. and 3:00 p.m. on any day of the year. The Council may make exceptions to this requirement if the applicant can prove to the Council's satisfaction that measures have been taken to mitigate this solar access requirement, which measures may include but are not limited to obtaining the consent of the affected property owner(s). Richfield City Code 544-20 General Building and Performance Standards ? 544:25 544.25. `Telecommunication Towers. :Subdivision-1: In order to accommodate. the: communication needs of residents. and businesses while protecting the public health,.. safety, arid. general welfare of the community, the Council finds that these regulations are necessary in order to: a) Facilitate the provision of wireless telecommunication `services to the residents and businesses of the City; b) `Minimize adverse visual effects of towers through careful design and" siting ` standards; c) Avoid potential damage to adjacent properties from'tower failure: through structural standards and setback requirements;'and d) Maximize. the use of existing"and approved towers and buildings o accommodate new wireless telecommunication antennas: in order to reduce the number of towers needed to serve the community. Subd.2 Permits.: a) It shall be unlawful for any person, firm, .or corporation to erect, construct in `: _ place, place or re-erect, replace, or.repair any tower without first making application to the Department of Community Development and securing a permit therefore as hereinafter provided. . b) The applicant shall provide at the time of a. pplieation sufficient information to indicate that construction; :installation, and maintenance of the antenna - and tower will not create a safety hazard or damage to the property of other it .persons.. I c) " Permits are not required for: I, i. Adjustment or replacement of the elements of an antenna array affixed to a toweror antenna, provided that replacement does not reduce the safety. factor. " - ii. Antennae and/or towers erected temporarily for testpurposes, fore emergency communication, or for,broadcast remote pick-up operations. Temporary antennaeshall be removed within 72 hours following installation. Subd.. 3. Towers in Residential Zoning Districts. Towers shall be allowed only in the following:residentially zoned areas: a) "Towers supporting amateur radio antennas and conforming to all applicable provisions of this Code shall be allowed only in the rear'yard of residentially zoned parcels. b.)' Towers supporting commercial antennas and conforming to all-:applicable provisions of this Code shall be allowed only in the following residentially Richfield City Code. 544-21 General Building and Performance Standards 544.25 zoned locations: i. Church sites, .when camouflaged as steeples or bell towers; ii. Park sites, when compatible with the nature of the park; and, iii. Government, school, ufility, and institutional sites, not including the ..public right-of-way. Subd. 4. Antennas in the Public Ri- t-of-WaX. Wireless telecommunication facilities and antennas may co-locate with existing poles- or towers in the City, County, or State right-of--way within any zoning district. Subd. 5. Co-Location Requirements. All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements: a) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower.or building within a one mile search radius (one. half mile search radius for towers under 120 feet in height, one quarter mile search radius for towers under 80 feet in height) of -the proposed tower due to one or more of the following reasons: i. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. ii. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost. .iii. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. iv. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. b) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least 2 additional users if the tower is over 100 feet in height or for at least 1 additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to.accept antennas mounted at varying heights. Richfield City Code 544-22 General Building and Performance- Standards '. 544.25 Subd. 6. Tower and-Antenna Design Requirements. Proposed or modified towers . and antennas shall meet the following desigmrequirements. a) `Towers and antennas hall be designed to blend into the surrounding environmenY'through the use- of color and camouflaging architectural treatment, except in,instanees where the color is dictated by-federal?or state authorities such as-the Federal Aviation t~ldministration. - b) Commercial-wireless telecommunication service towers shall. be of a .monopole design unless the,City Council determines that an alternative ~ '~ design would better 61end into the surrounding environment. ~I Subd. 7. Tower Setbacks. Towers shall conform to each of the following III i minimum setback requirements: a) Towers,shall'meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback-area, provided that the rear property .line'abuts another , industrially zoned properly and'the tower'does not encroach upon any easements. ; b) Towers shall-not be located'between aprincipal structure and a public`street, with the following exceptions: is In industrial,zoning districts, towers maybe placed withima side yard abutting an. internal industrial street. ; ii. On sites abutted by public streets on all sides, .towers may be placed . within a side yard;abutting a local street. c) A tower's setback maybe reduced or its location in relation to a public street varied, at the,sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as ~a,church steeple, light standard, power line: support device, or similar structure:. Subd. 8. Tower Height. a) In all residential property, the maximum height of any tower, including. all antennas and other attachments;; shall be 30 feet. ' . b) In all residential zoning districts other than designated-residential property, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each four feet. the tower is setback from designated residential. property up to: a maximum height of 75 feet. c) In all non-residential-.zoning districts, the. maximum height of any tower, including-all antennas and other attachments, shall not exceed one foot for each two feet the tower is setback from designated residential property. up to - a maximum height of 75 feet in non-industrial zoning districts .and l00 feet '.in industrial zoning districts: ` - Richfield City Code , 344--23 General Building and Performance Standards 544.25 d) In accordance with the. Federal Communications Commission's preemptive ruling PRB 1, towers-and antennas erected for theprimary purpose of supporting amateur radio communications may exceed the height restrictions of (3), above, but shall not exceed 65 feet in height. e) In addition to the height limitations noted above, no tower shall be constructed or changed so as to project above. any Airspace Surface as shown on MSP Zoning Map Airspace Zones of the MSP Zoning Ordinance. Subd. 9, Tower Lighting. Towers shall not be'illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. Subd. 10. .Signs and Advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. Subd. 11. Associated Equipment. Ground equipment associated with a tower or wireless telecommunications facility shall be screened by vegetative or other screening compatible with the surrounding environment if deemed necessary by the Director or designee. When associated ground equipment is housed in a building or structure, that building or structure shall be architecturally designed to blend in with :the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground equipment associated with a wireless telecommunications facility may be located on residentially used property only within a utility easement adjacent to the public right-of--way, except in the multi- - family zoning districts where ground equipment associated with a wireless telecommunications facility may also be located within a code complying building or structure after receiving the approvals required by this Code. Subd. 12. Antennas Mounted on Roofs, Walls, and Existing Towers. The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be . approved by the Director, provided the antennas meet the requirements of this Code, after submittal of 1) a site and building plan and 2) a report prepared by a qualified .and licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. Antennas shall be mounted on the facade of the building or penthouse structure unless the Director' or designee determines that another antenna mounting location decreases the visual impact of the antennas. All roof-mounted equipment shall be screened from view. Subd. 13. Additional Submittal Requirements. In addition to the information required elsewhere in this Code, development applications for towers shall include the following supplemental information: a) A report from a qualified and licensed professional engineer which: Richfield City Code 544-24 General Building and Performance Standards 544.25 i. Describes he tower height and.design including a cross section and elevation; ii. Documents the height above grade for all potential mounting positions, for co-located antennas and,the minimum separation distances between antennas; iii: Describes the tower's capacity; including the number and. type of antennas that it can accommodate; iv. documents what steps the applicant will take to avoid interference with established public safety telecommunications; v. Includes an engineer's stamp and registration number;-and, vi, Includes other information necessary to evaluate the request. b) For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable. terms and conditions for shared use. c) Before the:.issuance of a building,permit, .the fallowing supplemental information shall be submitted: i` Proof that the proposed. tower complies with regulations administered by Federal Aviation Administration; and, ii. A report from a qualified and;licensed professional engineer which , demonstrates the tower's compliance with the aforementioned structural and'.electrical standards. d All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations. at the site unless the Director approves a time extension.' In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated. `facilities may be removed by the City"and the costs of removal. assessed against theproperty. Subd. 14. Maintenance and Inspections. Tower and antenna finish and paint shall ,. be maintained in good condition,. free fXOm rust, graffiti, peeling paint, or other blemish:.. a) All-towers may be inspected at least once each year by an official of the Building and Inspection Division to determine compliance with original :construction standards.. beviation-from original construction for which a permit. is obtained constitutes a violation of this Section. b) Notice of violations will be dent by.regstered mail to the owner and he will 'have. 30 days from the. date the notification, is issued to make repairs. The owner will notify.the Building and Inspection Division that the repairs have. -been made, and as soon as possible hereafter, another inspection will be -made. and-the owner notified of the results. ~ " Richfield City Code - ' 544-25 General Building and Performance Standards 544.25 Subd. 15. Antenna Design and Mounts..Applicants shall use antenna designs and mounts that minimize visual impact. Subd. 16. Variances. The following standards apply to variance requests. for towers, antennas, or wireless telecommunication facilities. a) The City Council shall consider the following issues in addition to the variance findings required in Section 547:11 of this Code. i. .The viability of Code- complying alternative locations for the proposed tower, antenna, or wireless telecommunication facility. ii. The impacts of the tower, antenna, or wireless telecommunication facility at the proposed site relative to the impacts of the tower, antenna, or wireless telecommunication facility at a Code complying alternative location. iii. The extent to which there is a significant gap in coverage surrounding the proposed tower, antenna, or wireless telecommunication facility or other evidence of inadequate service due to antenna location. iv. The extent to which the proposed tower, antenna, or wireless telecommunication facility is the least intrusive, lowest impact design available. v. The extent to which the height of the proposed tower, antenna, or wireless telecommunication facility could be reduced and still provides adequate coverage: vi. The extent to which the size of the proposed accessory equipment could be reduced. vii. The feasibility of placing the proposed accessory equipment underground. b) The applicant shall pay the reasonable cost of the City retaining a-qualified, independent radio frequency engineer to provide a professional opinion to the City Council if the Director or designee determines that an independent radio .frequency engineer is needed to assist in consideration of these regulations. 544.27. Environmental Effects..No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety, or cause injury to property or business. Richfield City Code 544-26 • . TION SECTION 547 -ZONING: An1yIINISTRA 547.01 Purpose, .... .. .. ....... .547-1 547.03 Administration of Zoning Code ...:..::. ..:.... .: ....::..::.:.:....:......:.:.:.....547-1 547:OS. Board of Adjustment and Appeals ...:.: ............:... ..:.....:.....::.:::......:.547-1 547:07 Zoning map amendments (rezoning) or textamendments .:'. ...::::.....::.:.547-2 547.09 Conditional use permits .....:... .....::.`.....:.::......:. .:.....:........:...::..:...547-3 547.11 Variances _ ..:::.......::...: .......:::....: ,.:... ...::.:...:::.........:::.....:...:::......547.-7 547.13 Site plan approval ...., :.......... .......:.:..::.... .......:. ......,.......::.:....:....547-10 547:15 Interim use permits ::..........,:. ...::.:... .:: .... ......:: ....... ....:,.:.....:::.547-15 547.17 Security deposits .......:, : .....::... .....:. ....::....::....:. ....::.. .....:::......:...547-17 547.01. Purpose. This chapter establishes procedures and standards to -help. ensure fair and consistent administration of zoning regulations. 547.03:.Administration of Zoning Code. The Director shall be responsible for the administration and enforcement of this code.-:The Director may designate additional ..persons as may be necessary or convenient to administer and enforce thi .code. The Director may institute, in the name of the City, any appropriate actions or proceedings against a violator of this code as provided in Sections 1.,1.5 and 320 of the City Code or any applicable statute. Any person aggrieved by any procedure or decision of the Director may appeal to the Board of Adjustments and Appeals. 547.05. Board ofAdiustments and Appeals. Subdivision 1: Establishment. The Board of Adjustments and Appeals is established -and continued pursuant to Minnesota Statutes, Section 462.354: Subd.2. Short name. The Board of Adjustments and Appeals shall be referred to as the "Board" in this Section 547. Subd. 3. Council as Board. -The City Council shall §erve as the Board of Adjustments and Appeals. - Subd. 4. Powers. The Board shall have the following powers: a) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Director in the interpretation or enforcement of this,code b) To hear and decide variances to the literal provisions of this code upon the expiration of authority ofthe Committee of Hearing Examiners establi hed by Section 547:11 of this code; and - -- ' - - --- Richfield City Code Page 547-1 Administration 547.05 c) To hear and decide variances to the literal provisions of this code when said variances are processed in conjunction with another planning and zoning application that requires the approval of the City Council; d) To hear and decide appeals of any decision made final by the Planning Commission or by a Hearing Examiner. (Amended, Bill No. 2007-7) Subd. 5. Application. Except as otherwise provided for by this code, an application/request for an adjustment or appeal shall be made to the Director by written notice within TO days of the decision. Subd. 6. Fee. The fee for an appeal is set by Appendix D of the City Code. Subd. 7. Public hearing. Upon receipt of a written notice requesting an adjustment or appeal, the Board may set a time and place for a public hearing on the request. At least 10 days before the date of any such hearing, a notice of the hearing shall be published once in the official newspaper. Subd. 8. Procedures. The Director shall prepare reports and other necessary information for the Board. The Board shall make a decision regarding any matter before it by adopting findings within the time period required by State law. A copy of the Board's decision shall be served by mail upon the person requesting the adjustment or appeal. Subd. 9. Com lin ance. In all cases in which adjustments or appeals are granted under the provisions of this subsection, the Board may require such: evidence and guarantees s as it deems necessary to ensure compliance with any conditions placed upon such granting. 547.07. ZOnln$ map or tent amendments. Subdivision 1. Initiation of amendment. An amendment of this code may be initiated by: a) A petition of at least 51 percent the owners of the land proposed to be rezoned;. b) The Planning Commission; or c) The Council upon its own initiative or upon recommendation of the Director. Subd. 2. Application. An application for a change in the boundaries of a zoning district made`by-the owner of the property shall be submitted to the Director on forms provided by the City., An application shall not be considered complete until submittal or completion of the following:- a) A detailed plan of the proposed use of the land; b) If the proposed use requires a conditional use permit, site plan review, or any other.administrative permit or approval, an application for such permit or approval shall be submitted with the rezoning application; and Richfield City Code Page 5472 Administration 547.07 c) An Administrative Review. Committee (QRC) :meeting is held between the . applicant and staff, or the Director determines that such: a meeting is not necessary. _ Applications must be submitted for the ARC meeting. at least 28 days before the scheduled Planning Commission;meeting to be considered -for the agenda, An application must be complete at least 14 days before the scheduled Planning Commission meeting to be placed on the agenda. Subd.: 3. Public Hearing and: Planning Commission review. After receipt of a completed application;"a date `shall be set for a public hearing... Not less than l0 :days prior to: the public hearing; .notice shall be published once in the official newspaper. If the application involves a change in district boundaries'°of 5 -acres or-less, notice.: must also be sent by mail to all the owners of properties located wholly or partially .within-350 feet of the property to which the amendment relates. 'The Planning: Commission shall make. a recommendation o the Council regarding the application; Subd, 4: City Council review. After receipt of the recommendation of the Planning Commission;:the Councilslall consider the matter at a first reading. If the application is: approved for first reading,, the Council shall set a-date for a second i reading. The Council may offer whatevex public notice of its first and second reading .reviews that it-deems necessary. The Council shall act upon the amendment within- - the time period required by State law. The Council may adopt an amendment to this code upon an affirmative vote of a majority of all its members. The adoption or amendment of any portion of a zoning ordinance that changes all orpart of the - existing classification.of azoning district from residential to either commercial or . ,industrial requires atwo-thirds majority vote of all members of the Council. Subd. 5. Issuance of building_permit. No :building permit for any building or structure -may be issued while proceedings for rezoning of the-.land .wherein he structure is located or to be located are pending, unless the permit would be permitted under both the existing zoning classification ,and the proposed zoning classification for such area, or unless Council approval is first obtained. Subd. 6:' Time limitation. Not more than one petition for the rezoning of any particular piece; of land shall. be made within any 12 month period. Subd. 7. Fee. The fee fora petition to rezone land is set by Appendix D of the Gity - Code. Subd. B. Effective date. Amendments to this code shall°be effective in accordance with Section 3.09. of the Richfield City Charter. 547.09. Conditional use permits. Subdivision L .Permit required. It shall be unlawful to engage in -any use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the City pursuant to this subsection. Subd. 2: Limitations. A conditional use permit may notbe issued for the purpose of , granting an adjustment or appeal, or for any use prohibited in the zoning district for < . , . • which the permit is sought. Richfield City Code Page 547..-3 Administration 547.09 Subd. 3. Application. Application fora conditional use permit shall be made to the Director on forms. provided by the City. Applications shall not be considered complete until an Administrative Review Committee (ARC) meeting is held between the applicant and staff, or the Director determines-that such a meeting is not necessary. Applications must be submitted for the ARC meeting at least 28 days before the scheduled Planning Commission meeting to be considered for the agenda. An application must be complete at least 14 days before the scheduled Planning Commission meeting to be placed on the agenda. Subd. 4. Public Hearing; and`Planning Commission review. After receipt of a completed application, a date. shall be set for a public hearing.. Not less than 10 -days prior to the public hearing, notice shall be published once im the official newspaper and sent by mail to alt the owners of properties located wholly or partially within 350 feet.. The Planning Commission shall make a recommendation to the City Council regarding the application. Subd. 5. -City Council review. After receipt ofthe-recommendation of the Planning Commission, the Council shall make the final determination on the application, and in doing so shall make findings regarding its review. 'The Council may impose conditions and require guarantees on the granting of the permit in order to insure compliance. with the conditions designated in connection therewith. The Council shall make a decision within the time period required by State law. Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it finds that all of the following conditions will be met: a) -The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; b) The proposed'use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which- the applicant intends to locate the proposed use; c) The proposed use is consistent with any off cally adopted redevelopment plans or urban design guidelines; d) The proposed use is or will be in compliance with the performance. standards specified in Section 541 of this code; e) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; f) The use will not have undue adverse impacts on the public health, safety, or welfare; g) There is a public need for such use at the proposed location; and Richfield City Code Page 547-4 'Administration 547.04 - h) The proposed use=meets orwill meet all the specific conditions set by this; code for the granting of such conditional use p~ernit. Subd. 7. Security deUOSlt. Security deposits shall be provided in accordance with Section 547.17 of this code. - -Subd. 8. Recording of CUP: Upon- commencement of ari approved.. conditional use, a certified copy of the.conditionaluw permit shall.be filed by the applicant with the Hennepin County Recorder or Registrar of Titles.- The permit shall contain the legal description. of-the property. Subd. 9.. Expiration of CUP.. A conditional use:,permit shall expire one year after it - has been issued unless: - a) The use for which the permit was-granted has commenced within the one year period; or b) Upon written request of the person or corporation holding the CUP, the Council extends the expiration-:date for an,additional period not to - exceed one year. Subd. 10. Term of CUP. A conditional use permit shall remain in effect for so long':. as the conditions regulating it are observed,'unless specifically stated otherwise. A conditional use permif shall expire if normal operation ofthe use has been discontinued for 12 or more month§. Time shall be calculated as beginning on the • day following the last day in which the.use was in normal operation and shall run continuously thereafter. - .Subd. Il. Amendment to_CUP. Holders of a conditional use permit may propose amendments to the permit by following the procedure set' in this subsection for issuance of a new permit. Amendments to a conditional use permit shall be , administered in-the same manner as site .plan amendments, as described in Subsection 547:13 Subd. 11 of this code. - Subd. 12. Fee. The fee. for aconditional-use penmit or amendment thereto is set by .Appendix D of the City Code.' Subd. 13., Revocation of CUP. Thee-Council may',review conditional use permits periodically and may revoke a permit upon violation of any condition: of the permit. The procedure for revocation set out in Subd. 13 of this-Subsection shall be followed: If it is .discovered after:approval of the conditional use permit that the City's decision: was based at least in part on fraudulent information, the Council may revoke the permit, modify the conditions, or impose additional conditions. , - Subd. 14. Procedure for revocation. The procedure for revocation of a;conditional use permit shall be as follows: • a) Com In aint. The Director shall review any complaints received bythe City or any other party involving property which is subject to a conditional use Richfietd.City Coder Page 547-5 Administration 547.09 permit, and shall determine whether, in the Director's judgment a violation of the terms or conditions of any conditional use permit appears to have occurred. b) Notice of apparent violation. If the Director determines that an apparent violation of such terms and conditions exists, the Director shall cause a notice of violation to be mailed to the owner of the property or owner's agent and to any other person known to the City to be conducting the use for which the conditional use permit was granted. The notice shall: i. Be in writing; ii. State the violation or violations found to apparently exist and state the remedial actions which must be taken to achieve. compliance - with the terms and conditions of the conditional use permit; iii. Provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or violations stated in the notice; - and; and iv. Inform the recipient that if the stated violations are not remedied within the stated time period, the Director will request the Council to consider revocation of the conditional use permit. c) Failure to comply. When notice has been given in accordance with "clause b" above and the recipient has failed to correct the violations stated in the notice within the time allowed, the Director shall refer the matter to the Council with a recommendation that a hearing be held to consider the revocation ofthe conditional use permit. A copy of the Director's recommendation shall be mailed to the same persons who previously were mailed the notice of violation. d) Scheduling of hearing.. A hearing shall be scheduled before the Council to consider revocation of the conditional use permit. The date of the hearing shall: be as soon as is reasonably convenient. e) Notice of hearing. Upon the scheduling of the hearing, the Director shall furnish mailed notice of such to the same persons who were mailed notice of the violation. The notice shall: i. " State the time, date and location of the .hearing; ii. Describe all violations, which will form the basis of the'Director's recommendation to the Council; iii. Describe the recommendation which the Director intends to make to the Council with respect to revocation; and Richfield City Code Page 547-6 .Administration 547.09 iv. Inform the recipient of its opportunity; to be present. at the. hearing, to be represented by legal counsel during the hearing, and to present testimony -and evidence. f) Bublic notice.. The Director-shall also provide:a mailed notice containing the information described in subclauses i, ii, and iii of "clause e" above to all- - other persons who would have been entitled to notice had the hearing been to consider the granting of -the conditional use permit. g) Determination. At the conclusion of the hearing,- or as soon thereafter as is reasonably-possible, the Council shall render its written decision. -The decision shall-state the erms and conditions of the conditional use permit found: to have been violated;. and shall state the determination of the Council with regard.to revocation of the. conditional use permit. -The Council may, in lieu of revocation, permit the conditional use permit to continue subject to such further or additional terms and conditions as in its judgment are . necessary toinsure compliance with the conditional use,permt, The :Council's written findings and determination shall be .mailed to the persons who were mailed the Director's notice of violation. If a conditional use permit is revoked; all uses and activities which are permitted only by such conditional-use permit shall. immediately cease. -In addition, all other' .licenses and permits issued by the City :which require, as a condition- of their issuance, the.existence of the conditional use permit, shall be subject to ermination in the manner set forth.in the, City Code. or other applicable law. . Subd. 15. Other remedies for violation of CUP: In addition to the procedure set forth in Subd. 13 above, the City may exercise, with or separately from such ; procedure, all-and anyother remedies and actionsavailable to the Cityincluding, but not limited to those. contained in Sections-115 and 320`of the City Code. 547.11. Variances. Subdivision 1. Limitations. The: following imitations apply to variances: a) A variance may be .granted from the literal prQVisions of his code only in instances where such<action would be consistent with the general. purpose and intent of_this code and all the following criteria are found to exist: i. Strict enforcement of this code would. cause an undue hardship. "Undue hardship" as used in connection with the granting of a variance means the;properly in question cannotbe put to a reasonable use if used under the conditions allowed by this code. Economic considerations alone shall not constitute an ,endue hardship if reasonable use of the property :exists under the terms of this code. -Undue hardship includes, but is not limited to, 'inadequate access to direct sunlight for solar. energy systems; ii. Unusual or unique circumstances apply to :the property which do not apply generally to other,properties in the same zone or vicinity, and such _ circumstances were not created by ariy persons presently having'nterest. in the property; Richfield City Code Page- 547=7 Administration 547.11. iii. The variance; if granted, would not alter the character of the neighborhood. The completed project would not impair an adequate supply of light and air to adjacent properties, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish property values, or have a detrimental or injurious impact on surrounding properties; and iv. The variance requested is the minimum variance that would alleviate the undue hardship. b) use variances shall not be granted. Subd. 2. Committee of Hearing Examiners. The Committee of Hearing Examiners is a special committee of the Board of Adjustments and Appeals, and shall be administered by the Director. The specific duties of this Committee are to hear and decide requests for variances from the- literal provisions of this code. This Committee of atleast two Examiners is appointed by the City Manager for a term of two years subject to confirmation by the Council. During the term of appointment members serve at the pleasure of the City Manager. Subd. 3. Application. Application for a variance shall be made to the Director on forms provided by the City. Applications shall not be considered complete until an Administrative Review Committee (ARC) meeting is held between the applicant and staff. This requirement may be waived for residential variances or if the Director determines that such a meeting is not necessary. Applications must be submitted for the ARC meeting at least 28 days before the scheduled hearing to be considered for the agenda. Applications must be complete at least 14 days before the scheduled variance hearing to be placed on the agenda. Subd. 4. Public hearing. Upon receipt of a completed application, the Director shall assign the application to one Hearing Examiner and a date shall be set for a public hearing before the Hearing Examiner. If the variance requires some other approval by the City Council in conjunction with another planning and zoning application, the Director shall assign the application to the Board of Adjustment and Appeals for consideration in conjunction with the other requests and a date shall be set for a public hearing before the Board. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of property located wholly or partially within 350 feet of the subject property. Subd. 5. Staff report. The Director shall provide a written report to the Hearing Examiner or the Board outlining the proposal and enumerating the various reasons fora recommendation to either approve or deny the variance request. The written report shall be filed with the Hearing Examiner or the Board at least 72 hours prior to the date of the hearing. Copies of the report shall be made available to the applicant, and shall-be furnished to others upon request. Subd. 6. Powers of Hearing Examiner and the Board. A Hearing Examiner or the Board may call witnesses, subpoena relevant reports, and accept any evidence and testimony, which in the judgment of the Hearing Examiner or the Board is relevant Richfield City Code Page 547-8 Administration ` ' 547.1.1 . to the issues being heard. Those in attendance at the public hearing hall have the; right to present testimony and evidence. The Hearing Examiner or the Board may impose- limitations on the number of witnesses and on the nature and length of testimony... , :Subd. 7. Record keeping. A'tape recording shall be made of the hearing.. The tape will be transcribed on request of the Board:. The tape will also be transcribed at the request.of any person upon the payment of all costs of transcription. Written minutes hall also be taken at the public hearing. , Subd. 8. Decision. Within the time;period required bystate iaw, the. Hearing Examiner or Board shall render a written decision regarding the; application: -The decision shall be supported by findings specifically related to the applicable criteria contained in-this coder The decision, shall be mailed to -all parties of record and filed with-the. City Clerk. The Hearing Examiner's decision shall be final, ubject to appeal. to the:Board. A decision of the Board shall be final: The Hearing Examiner or the Board. may impose conditions: in, granting variances to implement'the intent of this code and to protect adjacent properties. (Amended, Bill No. 2007-7) Subd. 9 A "eats. Any person aggrieved by the decision of the Hearing Examiner may appeal such decision if a: written notice of appeal and the fee set by Appendix D ', of the City Code is submitted.ao the Director within ten days of the date of the decision.' The notice of appeal shall be addressed o the attention of the Board of Adjustments and Appeals care of the Director. A decision of the Board is subjectto • judicial review as provided by law. ` Subd. 10. Rehearin An a licant ma within seven da s of the date of filin of Y pp Y Y _ g the Hearing Examiner or the Board's decision, apply for a rehearing of avariance -request denied by the Hearing Examiner or the Board if significant new, factual evidence;relevant to the case not available to the applicant in the original hearing can be presented. The request for a rehearing hall be made to the Board of Adjustments and Appeals care of the Director, and shall state the nature of the new evidence and why it was not previously available. If an application for rehearing is timelymade, the time to appeal will. be extended.-until the.decision on granting or denying a rehearing is made. If a rehearing is allowed, the Hearing Examiner or the Boa:rd's decision shall be withdrawn. Subd. 11. (Repealed, Bi11 No. 1999-3) - Subd. 12. Expiration of variance. Any variance granted shall expire one year after it has been granted unless:. a) The project for which the variance: was granted iscompleted within the one year period; or b) Upon written request of the person. or corporation holding the variance, the Council extends the expiration date for an additional period. Richfield City Code Page 547-9 Administration 547.11 Subd. 13. Term of variance. If the project is completed as approved, the variance shall run with the land and remain in effect for so-long as the conditions regulating it are observed.. Subd. 14. Assumed risk. Any applicant who obtains a building permit, starts construction .and/or begins a use prior to the expiration of the appeal period, assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the City, the applicant will be notified ofthe-appeal and informed as to the date of the Board meeting-where it will be heard. Subd. 15. Specific project. A variance shall be valid-only for the project for. which it was granted. Construction of any project shall be insubstantial compliance with the building plans and specifications reviewed and approved by the Hearing Examiner or Board. Subd. 16. Violations. Any person who violates, fails to comply with, assists, directs, or permits a violation of the conditions of a variance shall be subject to the provisions outlined in Sections 115 and 320 of the City Code. Such violation may render the variance null and void. Subd. 17. Fee. The fee fora variance is set by Appendix D of the City Code. In the case of a request that requires both a variance approval and some other approval by the City Council in conjunction with another planning and zoning application, no additional fee shall be required. Subd: 18. Annual Report. The committee of Hearing Examiners shall annually prepare a report for the Council and Planning Commission outlining the activities of the Hearing Examiners and the Board and making recommendations as to possible amendments to this code to expedite the processing of variances to the literal provisions of this code. 547.13. Site plan approval. Subdivision 1. All commercial, industrial, multiple-family housing (over four units) or institutional development applications shall be reviewed under the site plan approval process asset forth in this subsection. Site plan review will be coordinated with the review of applications for preliminary plats, rezoning, conditional use permits, and variances. Provisions for the review of Planned Unit Developments (PUD) shall be dictated by Section 542 of this Code. . Subd. 2. Approval required. It shall be unlawful to do any ofthe following without first obtaining site plan approval: a) Construct a building; b) Move a building to any lot within the City; c) Expand or change the use of a building or lot or modify a building, accessory structure, or site or land feature in any mannerwhich results in an increasing intensity of use, including the requirement for additional parking; and Richfield City Code Page 547-10 Administration 547.13 d) Take actions to prepare alot for development, including grading; or removing or adding soils to a site, except in conforrriance 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; Bi11 No, 1998-2) ,, 'i Subd. 3. Exce tU ion. Notwithstanding the above,.site plan'approval shall not be '~ re~uired,for enlargement of a building by 23 percent or-less of its gross floor area or changes in the ,leasable space of amulti-tenant building, provided no variances are required and the modifications do not significantly intensify use of the site. In-these instances an administrative siteplan review shall be performed and suitable documentation. of such be placed in the property files maintained by the Community Development Department. The City may require nonconforming site improvements to be brought into conformance according to Subsection 509.23 of this Code. Subd. 4. Ap IiU cation. Application for a site planreview shalt be-made to the Director on forms provided by the City and shall be accompanied by the.following: - a) Evidence of ownership or an interest in the property; b) Evidence that there are no delinquent: property taxes; special assessments, `penalties, interest and/or municipal utility fees due on the property; c) Accurate and.currentcertifcate of survey; d) Accurate legal description; e) Eight full-size legible plans regarding thefollowng aspectsof the project (Alt submitted plans shall be signed by a registered architect, civil engineer, landscape architect or other appropriate; design professional): i. Boundary survey with existing conditions; , ii: Site plan with proposed improvements; _ iii. Site plan with:proposed parking and parking'lot improvements, in compliance with Section 544,. General Building & Performance Standards; iv. Building elevations; v. Landscape plan, in compliance with Section 544, General Building & Performance Standards, of this Code;.. vi. .Tree protection plan;.; vii. Grading plan; viii. Drainage plan; ix. Storm: water management plan; x. Utility plan; xi. Sediment and erosion control plan; xii. Lighting. plan; xii: Screening plans for mechanical equipment and dumpsters; xiv. Signage plan;and xv. Solar access plan. .Richfield City Code Page 547-11 Administration 547.13 f) The fee specified in Appendix D of the City Code; g) All plans must meet the following requirements: i. A title block stating the name, address telephone number and a-mail address of the applicant; ii. A north arrow and graphic scale;, iii. Plans for preliminary review can be 11" x 17" and to scale; and iv. One set of 8-1/2" x 11" legible reductions is required for City Council and Planning Commission packets. h) All applications must contain the following information; i. Property lines, setbacks, and lot dimensions; ii: Building dimensions, height; iii. .Building coverage; iv. Impervious surface coverage (buildings + hard surface/lot size); v. Access to parcel, location of medians; vi. Street locations, right-of--way, driveway and drive. aisle widths; vii: Existing & proposed topography with spot grades & slopes in excess of 3:1; viii. Parking lot layout including location of curbing and striping; ix, Location of fire lanes & related signage; x. Location of hydrants; xi. Location of underground storage tanks and major utilities; xii. Sidewalk/trail alignment plan; xiii. Easement documents; and xiv. Significant trees lost and preserved. i) The type of plans and number of copies required may be adjusted by staff based on the' particular project. The City reserves the right to request additional plans or information as necessary Subd. 5. Environmental Reviews: If an Environmental Assessment Worksheet or an Environmental Impact Statement is required, an application for Site Plan Review or Planned Unit Development Review shall not be considered complete until the City Council has either: a) Issued a Findings of Fact and EIS Need Decision (for an EAW) or b) Issued a Finding of Adequacy (for an EIS). The City. staff may begin to review an application and communicate to the applicant its findings prior to a) or b) even though the application may not be considered complete. Subd. 6. Public Hearing and Planning Commission review. After receipt of a completed application, a date shall be set for a public hearing.. Not less than l 0 days Richfield City Code Page 547-12 I .Administration 547.13 I prior to the public hearing, notice shall be published once in the official newspaper and.sent, by: mail to all the owners ofproperties located wholly or partially within . 350 feet. The.Plannng Commission shall make a recommendation to the City Council regarding the application. Subd. 7. City Council review. After receipt of the recommendation of the Planning Commission, the Council. shall make: the. final determination on the application, and in doing`so shall make findings regarding its review. The Council may :impose conditions and.require guarantees on the granting of the. site plan approval in order to ensure compliance with the conditions designated in connection-therewith. The Council shall make a decision within the time period required by State law. _ Subd. 8. General criteria and standards for site plan review. In evaluating a site plan, the Planning Commission and.Council shall°consider-its compliance with the following: a) Consistency with the various. elements and objectives of the City's long-range .plans, including, but not limited to,'the Comprehensive Plan; b) ,Consistency with the purposes of this Code; c) Preservation of the site in its natural state, insofar as practicable;,by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring`developed or developing areas; d) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development; e) Creation of a functional and harmonious design for structures and site features ..including: i. Creation of an internal sense of order for the various functions and buildings on the site and provision of a.desirable environment for occupants, visitors and the general conununity; ii. , Appropriateness of the amount and arrangement of open space and .. landscaping to the design .and function of the development; , iii. Appropriateness of the`materials; textures, colors and details of construction as an expression of the,design concept of the project and the.. compatibility of the same with the adjacent and neighboring structures and _ functions;. and `` ,. : iv. Adequacy of vehicular, cycling 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, cycling `and vehicular traffic and arrangement and amount of parking so as to be "safe,.. convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. Richfield City Code " Page 547-13 Administration 547.13 f) Creationof anenergy-conserving design through design; location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading; and g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design; not adequately covered by other regulations, which may have substantial effects on neighboring land uses. Subd. 9. Terms of approval. a) A. building permit shall be obtained and construction of the project shall begin no later than one year following the date on which site plan approval is granted, unless a different time period is approved by the Council in granting site plan approval or in a developer's agreement with the City. After the expiration of such period, site plan approval shall lapse unless the Council grants an extension of time or a building permit has been issued and substantial work performed on the project. Upon request by the applicant, the Council may grant an extension of time for commencement of a project having site plan approval. b) The Council may impose conditions in granting approval to site plans to promote the intent of this section or to protect adjacent properties: c) Site plans shall be valid only for the project for which approval is granted. c) If the project is not in compliance with the approved plans, the project shall be subject to review as specified in Subsection 547.11. Subd. 10. Security deposit. Security deposits shall be provided in accordance with Section 547.17 of this code. Subd. 11. Amendments to an approved site plan. Amendments to an approved site plan shall be administered as follows. a) Minor Amendments. Minor amendments to a site plan are: i. Increased signage. (Changes that do not result in an increase in signage do not. require an amendment. All changes to signage require a sign permit.) ii. Landscape changes. iii. Parking lot configuration changes (not change in number of spaces). iv. Less than 25 percent change in floor area in any one structure. v. Less than 25 percent change in the approved separation of buildings. vi. Zess than 20 percent change`in the ground area covered by the project. vii. Less than 20 percent change in the number of residential units. viii. Less than 20 percent change in the number of parking spaces. Richfield City Code Page 547-14 i ` Administration 547:13 b) Major Amendments.:. Major amendments-to a site plan are: ' , . i. More than 25 percent change in floor area, in any one structure. ii,: More than 25 percent change in the approved separation of buildings. . iii. Any change in the original approved setbacks from property lines. iv. More than 20 percent'change in the ground area covered by the: project. v. More than 20 percent change in the number of residential. units.: vi. ;More than 20 percent change in the number of parking spaces. c) Review of minor amendments. Proposed minor amendments,(as specified:. in "clause a" above) to a site plan shall be reviewed and decided by the _ `Director. Decisions'of the Director may be appealed to the City Council: -.The Director may determine that a proposed:minor amendment is in fact a major amendment and mayrefer such proposed`amendments to the Planning Commission and Council according to the procedure established in "clause d", below; Application fees for a minor amendment to a site plan. are set forth in Appendix D of this .code. d) Review of-major amendments. Any major amendment to a site plan shall be considered by the Planning Commission:at a public hearing. The Planning - Commission shall make a recommendation to>the City Council. The recommendation of'the Planning Commission shall be considered by the Council. Any major amendment shall require a majority vote.of the Council: 547.15. Interim;use Hermits. Subdivision 1. Pur .nose. The purpose and intent of allowing interim uses is: • a To allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize. it in the manner provided in the. Comprehensive Plan; and b) To allow a use that is presently acceptable but that, with anticipated _ development, will not be acceptable in the future. Subd. 2. Application public hearing notice and_procedure. The application, public hearing, public notice and procedure requirements for interim-use permits shall be -the same as those for zoning amendments as provided in Subsection 547.07: In ` addition to the general planning and:. zoning application requirements, applications :for interim use permits shall include: a) : A signed consent agreement, provided by the City, agreeing:.:- i. That the applicant, owner, operator, tenant and/or user has. no entitlement to future reapproval of the interim use permit; ii. That the interim use will not impose additional costs on the public if it is necessary`for the; public to fully or partially ake the.. property in the future; and ::iii. That the applicant, owner, operator;. tenant and/or user will abide. by conditions of approval that the City Councilattaches to the interim use permit. • Richfield City Code Page 547-15 Administration 547.15 b) A statement addressing the relationship of the proposed project to the neighboring uses. Subd. 3. General issuance standards. The Planning Commission shall recommend an interim use permit and the Council shall issue such interim use permit only if it finds, based on the proposed location, that: a) The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are felt upon adjacent properties; b) The use will terminate upon a-date or even that can be identified with certainty. Interim use permits may not be granted for a period greater than five (5) years; c) .The use will not adversely impact the health, safety and welfare of the community during the period- of the interim use; d) The use is similar to uses defined in the zoning district in which the property is located; e) An interim use shall conform to zoning regulations except the City Council may waive ordinance provisions upon a finding that the temporary nature of the interim use will eliminate the adverse effects the provisions were intended to prevent; f) There is adequate assurance that the property will be left in suitable condition after the use is terminated; g) By agreement, the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; h) The property owner, by agreement, agrees to any conditions that the City Council. has deemed appropriate for permission of the use, including a condition that the owner will provide an appropriate financial surety to cover the cost of removing the interim use and interim structures upon the expiration of the interim use permit; and i) The property owner agrees to abide by any additional conditions that the Council deems appropriate for permission of the use. Subd. 4. Security deposit. Security deposits shall be provided in accordance with Section 547.17 of this code. Subd. 5. Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs: a) The date stated in the permit; - b) Upon violation of conditions under which the permit was issued; or - - Richfield City Code Page 547-16 Administration 547.15 c) A.changein the City's zoning regulations that. render the use nonconforming.. 547.17.- Security deposits. Subdivision 1..Purpose and calculation. When_screening, ` landscaping, parking lot. or other similar improvements: to property are required; a security deposit acceptable to the City shall be supplied .by the owner in an amount equal to 125 percent of.the value of such screening, landscaping, parking lot or' other improvements. The security-deposit shall be`for the purpose of reimbursing the City'for all expenses incurred by it in connection with making or completing such improvements: The security deposit and.an executed: right-of--entry agreement shall be provided prior to the issuance of any building: permits and shall be valid for a period of time equal to! one full growing season after the date of installation.ofthe landscaping. In the event construction of the project is not completed within the time prescribed by building permits and other approvals or completion deadlines, the City may, at its option, :draw upon the deposited, security to complete the work required at the expense of the owner and the surety. Subd. 2.. Completion bonds: - .The Building Official-may require a completion ' performance bond or other security, in an amount of 125 percentof the cost of the work remaining to,be done, prior to issuance of a temporary certificate of occupancy.': A specific date for completion must be set. Subd. 3. Extensions: The City may allow an extended. period of time for completion of all landscaping if the delay is due to conditions that are reasonably beyond the control ofthe-.developer. Extensions may be granted due. to seasonal or weather. conditions. When an extension is granted,. the City-shall require such additional • . security as it deems appropriate. -Subd. 4. `Release. Upon completion of the improvements and final inspection and approval by the-City, the security deposit. shall be released: ' Richfield City Code Page 547-17 AGENDA •SECTION: CONSENT • OCTOBER 9, 2007 • ITEM: FOR COUNCIL CONSIDERATION: Consideration of an amendment to the approval of the preliminary and final past for-the Shops at Lyndale development. I: RECOMMENDED ACTION: By Motion: Approve the-resolution authorizing an amendment to the relimina' and-final lat for he Sho seat L ndale develo merit. IL ` BACKGROUND Qn July 24, the City Council approved the..preliminary-and final plat for the Shops of Lyndale development, which is in the southwest'quadrant of 77th Street and Lyndale Avenue. After the plat approval by the City Council,`CSM` Investors, lnc. (CSM) submitted the Shops at Lyndale plat to Hennepin County to be, recorded. Upon the County's review; a minor change. to the plat is required due to different interpretations of the • plat description between-.the Hennepin County Examiner of Titles and the plat surveyor. Hennepin County's Examiner of Tiaaes determined that the description of the plat ~ included a small portion of Lyndale Avenue. South that.is dedicated as Lyndale 100907-Amend Pre and Final Plat_Shops at Lyndale ~~i RESOLUTION: NO. ..:.RESOLUTION GRANTING A MINOR AMENDMENT TO THE: PRELIMINARY AND FINAL APPROVAL OF A SUBDIVISION FOR CSM INVESTORS; INC. AND THE SHOPS AT LYNDALE PROJECT WHEREAS, CSM,Pnvestors, -Inc., ("Applicant":)..has requested a. minor amendment to the preliminaryand final approval #o combine and subdivide several tracts of land located generally south of-77th :Street and north of 78th Street and west of Emerson Avenue and east of Lyndale Avenue; in the City of Richfieltl.; and WHEREAS; the proposed subdivision is to be known as THE SHOPS AT LYNDALE; antl WHEREAS,;the plat was :approved by the City Council. on July 24, 2007, subject to certain conditions; and WHEREAS, at the request.of Hennepin County Examiner_of Titles and surveyor's office, the plat has beenrevised o`correct a legal deScr-iption and include a portion of Lyndale. Avenue as dedicated to the public; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, as follows: 1. The proposed plat of. THE SHOPS AT LYNDALE satisfes the requirements of the City's subdivision ordinance 2. Final approval is granted to the Applicant for`the plat THE SHOPS AT LYNDALE, subject to the following, conditions: • 1. The resolution should approved the plat:as amended, ubject to the conditions, set forth in the original` resolution, Resolution No 9963. Adopted by the City .Council of he City of Richfield, Minnesota this 9th- day of October, 20Q7. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, -City Clerk ' '' ~ ~ • ~~r ,~ ~i1 ~1 'o ~b ~~~ ~z s£ m o~ c r ~ D .~-1 D £-i D OxD D N-1 D aZ-1 D N-i D ~'~ D D %~ _wxS Ni ~O~ A '<I;n Na O]rtNC) S Z O S Z ~? Z <•<O- Z AA Z C i2 0 CA p J lJ! N O m.°+ A» D m a N ~Z CJ Z CS Z WS Z OOO S:O SOO 0. O. ]m OortO. ~pm.~ O OSJ Sm NJ ] rt] Z ]~00 W m O m D m O caam~mc3 - A] S Qµ ?C ,O m0 ° ~, 00 -0p0 O O m ~ m< ~ ~N -+z ~zO °- 0~3 r y. »~ v o -o ov7 w» ?s yZ N]Z Oo JJ~. n ]2 mo mo °o -o no~c~~.n z°. z JO N~ m1 ~so wg oS _ v mo om :. mm m w ~ m ~ ?S ] b ~,o O A v ~C .Z ~rZ0 X10 Sin O O O N .m° .W' 1p 10N 001 XN p O-w » F ppCV 9N ~ MJ a S SCamm 7 ° _W -°i. 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LINE OF THE SE 1/4 - y:~ ~ 1 /r.- ^ OF SEC. 33 om~ /"I V L_. ~~ `"~'4 mg ~ $ m o ~. 07 VIN VlZ V-~I mmoooro O ~zm o D C)CCAD.TI 1- ~ I -i -I~ - rZ mo ]~_ - o _ p Z ~m~~ m nmDxm Ny rnN _ N D O Z •- i A O V A C C -DDDDyo - FN~1~ .~ f~ No m m ;A~~zp ; z o mOOOm'I m ~~T= o. mm~N ~ o m. - m y r O a r m VL • • AGENDA SECTION: CONSENT AGENDA ITEM # 4C REPORT # 255 STAFF REPORT CITY .COUNCIL MEETING OCTOBER 9, 2007 VANESSA HAIGHT, HOUSING SPECIALIST NANte, TrrtE • • ITEM FOR COUNCIL CONSIDERATIQN: Consideration of a resolution regarding the request for a Subdivision Waiver at 7201 Nicollet Avenue to create two sin le-famil lots. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution granting a Subdivision Waiver for'7201 Nicollet::Avenue. II. BACKGROUND The. applicant 'is seeking to split an existing 99-foot wide single-family residential lot into two lots with widths of 48.95 and 49.87 feet. The current lot was originally platted as two separate lots. Those lots -were combined. at some point in the past to create the current 99' x 117.65' lot. City approval is not required for the combination of'parcels; however, it is required. for the subdivision of land. While. the proposed lots do not meet current minimum lot -size requirements., they. are in keeping with much`of the surrounding neighborhood.- Greater..Metropolitan Housing: Corporation. (GMHC) recently acquired the-property from the Housing and Redevelopment Authority. (HRA) to build two new single- family homes. Before. development can. proceed., a Subdivision Waiver is_required to divide.theexisting parcel into two separate.parcels. 100907 7201 Nicollet Subd Waiver III. BASIS OF RECOMMENDATION A. POLICY • Normally, any division'of or re-division of land requires that a plat or re-plat be filed. Platting requirements for the subdivision of land maybe waived when .. compliance with regular platting requirements will result in unnecessary hardship and failure to comply does not interfere with the purpose of the platting regulations. • The HRA approved the development. concept and sale of the property to GMHC on August 20, 2007.. B. CRITICAL ISSUES , .The property is zoned R -Single-family residential Minimum lot .requirements and dimensions of the proposed lots are as follows: o Required area: 670Q sq. ft. Proposed:: (1) 5,759.46 sq. ft. (2) 5,860.72 sq. ft. o Required width; 50 ft. Proposed: (1) 48.95 ft.: (2) 49:87 ft. o Required depth: 100 ft. Proposed: (1) 117.66.ft. (2) 117.52 ft. • :Surrounding.: lots in the neighborhood range from approximately 49 - 50 feet in width. The newly created lots would not be out of character -for the neighborhood. • Both parcels accommodate the set back requirements. • -The existing house meets all setback requirements and will continue to do so if the lot subdivision is approved. The attached survey depicts the building footprints for the two single-family homes meeting all setback requirements. • Nieollet Avenue is a County road and therefore the Subdivision UVaiver requires-Hennepin. County approval.. Notice has been sent to .Hennepin County and. approval of the Subdivision Waiver is .contingent on County approval C. FINANCIAL • N/A D. LEGAL • No legal notice is required; however, the Community Development Department sent notice of therequest for a Subdivision Waiver to residents and property owners within 350 feet of the property. • 60 bAY RULE: The 60 day `clock' started when a complete application was. received on September 24, 2007. A decision must be given to the applicant by November 22, 2007 QR the~Council mus#:notify the applicant that it is extending the deadline (up to a maximum of 60 additional days or 120 days total) for issuing a ;decision. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny this Subdivision Waiver if a finding of fact determines that the proposal -would have an~adverse impact on adjacent properties V. ATTACHMENTS • Resolution • Certificate of survey. • Lot size- comparison map Land use, zoning and Comprehensive Plan maps for properties within 350 feet of subject property; VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A. ~l C-/ .'RESOLUTION NO. • RESOLUTION AUTHORIZING. A'SUBDIVISION WAIVER 7201 NICOLLET AVENUE : WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land located at 7201- IVicollet Avenue, legally described as: Parcel A: Lots 11 and 12, Block. 3, WOODDALE SECOND ADDITION, . Hennepin County, Minnesota WHEREAS, he applicant proposes to divide the above-described Psrcel A into two parcels, legally described as: Parcel One: Lot 11, Block 3, WOODDALE SECOND ADDITION, Hennepin County, Minnesota. Parcel Two: Lot 12, Block 3, WOODDALE SECOND ADDITION, .Hennepin County, Minnesota., WHEREAS, the City has fully considered the requesf for approval for the subdivision waiver; and WHEREAS, the City Council finds that compliance with the City Code Section 500.05, Subdivision 1°would result in unnecessary hardship-and that failure to :comply therewith will not interfere with the purposes of the platting regulations of Section 500.01. NOW, THEREFORE, BE IT RESOLVED, by the City.Council of the -City of Richfield, Minnesota,: as follows:, " 1. A waiver#or he subdivision of the Subject Property legally described above is herebygranted:; and 2. City staff is authorized and directed to take any action necessary to effectuate this Resolution' and to authorize the .recording'. of conveyances complying with the erms of this resolution. Adopted_by the City,Council of the City of Richfield, Minnesota this`9th day of - : October, `2007. Debbie Goettel, Mayor ATTEST: a Nancy Gibbs, City Clerk .100907 7201 Nicollet Subd Waiver - 0 I xb~ ~ €~ ~ I ~MH :: 6~ ~aXN sV~~ la ~ ~n ~. t I ,ya , I i ~ pe I ~ ~l f4~ .~,~., ~ C '.~ •. ~i".9"Op~Iaew,u~`5 `Y @. • .... ~.~ l/„+YQ..(t 1 N. y -0~. ... .•.:y ':~w7•p•' .. 1 ~~4 .. 0 2 ' a ire,,. ~" b ~ ~JJ.C •oo' + IN~"a. M, `~ .. +~a~l ~ ,~ !~ 117.66 MEAS. '.~ • ~* -~ ---- I • I ~' (11283 ~»21 b '~ ~ Gy - epe :`; Y ~ q`~~u '' ^q^fa SOYlAR 9qh 29" ~Phd'\ 750?q fto~+%90atl 26{•0'~•%,~ ~tDT SA ~~+$~41 r ya'-' by. 1 qe7 m a ~ •004' ~ 5~ ^~c~, ~ • I bP 9.-. ~3 •o ~ 50 y. ~W n"~ qep. •cfl' •,1'•tO2O ~; ~qo j • I ~~. r..N g+~- 7.0. PROPOSED _/ O ~~' r~m •~' , •p. I 000 g e~ ~ o NWSE °N EXIS11NGr '~.~ o I ~ 0 Z~ v ~ ~ a ~~~ 960 SF., o HOUSE o CARAfiE ~ " "++ ~ ~ a °~ h ~ s: ~ p °~tt>G-'rogP" ' T R~ E ° EX~OBAR. FL•o'r~ ` `I`~~~ ~y~' I W ND 3 4'IP ee= o•I' n ------ I aas~ . 17.59.- E S.~ ' g -- ,~ . I ~.. ~ •° ~P o (117.63 ~ 9 I 220 ~ SET NAIL I ~ ~ S ~ I 484 SF ~.` ~Ml 91T I ~ a - ~ ~• --- 7:0 M. ~ ~ O PROP ° r Lfa~° I I T h- W f= ° ~ ,~0 PROPOSED A ~ ^a Sf t ~ •°o~°o I s OW O •oo HWS~ n m Q•oV' oy :~.. •. • '' J rrn8 o t.Ttzs.. •°p ~ "~ w toso• ''~~. / ~~ I J O^ ~. ° I SOF 0 0 £yj'O• E7tlSONG ~ .. I 0 0 0 " a- I Sae PROP. '~ . d' ~ : GARAGE Z IA A i I ~ DRNEN'AY ~_ Y. ~' I ~ .-SET IP •o. • I ~^ ~ I ,vr~ . q~e I qq° z ,0, • . ELEV..tOD.7T•oy I m 5,86 Sf~ . y • ~+~< -- `^ 0 • PK NAIL ~+~~--- j '' q~`ea ~ * ---~: to -- 2s. ~~`_°-- S89'46'53 i`p'~~ Fob" • ozp+~IP ~` a o .FWND 3/ 1P .r • p .~ S1WG I -0.55 WEST~OF t30STiNG (117.ei PLA11 17 - J` I' MONUMENI~D BlOaS NEHWSE ;oy~~oeI ,: ti~ < <f :~AQ I ACE I q~C o eqy,°°~ la ARA I Ta' • I I i I .• a` I I I ~ •o I . . I -------- I LS" IPA---_----- -------- 'PINai 1~, i-----------. ZONING LEGEND EXISTINGPROPERTyDESCRIPTION EXISTNG aND PROPOSED ZONING IS R ~ DENOTES IRON MONUMENT FWND:ASLABECED LOts.'11 and. 12, Block 3, WOODDAL.E SECOND ADDITION. (RESIDENTIAL) O DENOTES IRON MONUMENT SET. MARKED RLS 23.T<4 Hennepin County, Mtnnesoto. HOUSE SETBACKS (PER CITY FRONT=30 FEET (TO BUILDING) li DENOTES CATCH Dash REAR=25 FEET m DENOTES SANITARY SEWER MANHOLE - ~ SIDE=5 FEET CORNER=12 FEET oa oENDTts GATE vacvE GARAGE SETBACKS (PER CRY ._--=-~,b DENOTETP09KtR Pa.$ OVERHEAD 97RE5 aNDCUY. POLE ~ REARm3 FEET. - - SIDE=5 FEET DENOTES REiA7NING WALL ~ CORNER=12 FEET ~- pENOTLS scN L0T72(7201 Nlcoilet) LOT Ii (7205 Nlcoiletj MAX. HEIGHT=14 FEET- © oENOTES ~~~ suRFacE PROPOSED HOUSE ELEVATIONS -PROPOSED HOUSE ELEVATIONS DEVELOPMENT NOTES 8 F00T POURED WALLS - 8 FOOT POURED WALLS -EfOSDNC TItEESsHOwN ARE TO eE DEN017"S.BIIUMINOUS SURFACE [~ pROPOSPD-E7 EVATIONC- PROPOSED ELEVATIONS: SAVW •~,„„~..~-,,--rlf- DENOTES E%IS7iNC-CONTOURS (_ 2 F0071NTFXYAU ~ -LOT 12 TOTAL IMPERVIWS TOP OF WALL = 102.7 TOP OF WALL = 103.7 SURFACE-1974 SF. x oazx DEN07tS EXISANG SPOT EiEYATIGH TOP OF FOOTING = 94.7 TOP OF FOOTING = 95.7 % OF IMPERVIWS COVERAGE.34S DENOTES E%ISTING HACKBFRRY TREE AND CALI!'ER- LOWEST FLOOR = 95.0 LOWEST FLOOR = 88.0 ® DENOTES PROPOSED ELEvAnoN. - PROPOSED GARAGE ELEVATION PROPOSED GARAGE ELEVATON -LOT Tt TOTAL IMPERNOUS SURFACE•2172 SF. ~ DENOTES DIRECnOM OF bRAINAGE - GARAGE FLOOR = 102.3 GARAGE FLOOR = 103.3 x OF IMPERVIWS COVERAGE.377G SRE PHOTO i~tq Sco1e / 1 a 20 ' Orowq By. ~ EAO Protect Manager.' EAO Job No.: 07A39/s Bearings shown ore on on assumed datum. /hereby certify that-this plan, survey or'report was proparod by~ma or under my ~i+noo app direct supervision odd that / om a duty. Register Land Surva rand the lows 7SIIIIOJnfr~ of theStote of Minnesota. Dofed this _~day of . 2007. ~j° ° Profes5fonal Land Surveyors ,.~„d,=,,,6776 Lake Drive NE Suite 110 .~ LleansaNo. 015'34 LNnto~~uke~s.MrNlu5~1a4im SWOlCMw/enM7~]91SOTU94Adws9/ILIW]IS'JAt~PAt . 7201 Nicollet -Lot Subdivision Request C Surrounding Lot Dimensions Feet 0 .15 30 - 60 90 120 L 7201 Nicollet -Lot Subdivision Request C~ ~rrn~ rr-clir~r~ ~ ar~rl ~ CAC - CHURCH PU RES RES RES RES RES R ~ S RES RES _RES ~ J~ RES RES RES. RES RES RES RES RES RES- RES ES RES RES RES RES RES ES -RES RES RES RES RES ES RES RES RES RES RES RES RES RES. RES RE3 ES RES RES RES RES RES RES RE RES S RES RES RES RE I RES -Residential PUB -Public 0 70 140 280 420 560 Feet r 7201 Nicollet -Lot Subdivision Request R R R R R R R R R R ~ S ~ _R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R -Single-family Residential MR-2 -Multi-family Residential PC-2 -Planned General Commercial 0 70 140 280 420 560 Feet N A 7201 Nicollet -Lot Subdivision Request Comprehensive Plan Designations ..~ I I QP-CH PU _ R-SFH - R R R-SFH R ~ R-SFH R R - so ~ _ R-SFH R R R R-SFH R R R R R-SFH R R R R-SFH R' R R R R-SFH R-SFH R R R R R-SFH R-SFH R R. R: R-SFH R R ~ R R R-SFH R-SFH R R R R-SFH R-SFH R R SFH R - R-SFH R R -Single-Family Residential R-SFH -.High-Density Single-Family Residential RMH/O -High-Density Multi-Family- Residential /Office QPB -.Quasi-Public 0 70 .140 280 420 560 Feet. REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE ~llT TAT(''TT pA ~i Q T.'AT'PF'i T2 • ITEM FOR COUNCIL CONSIDERATION: Consideration: of appproval by motion a change in cellular telephone .antenna configuration at .the Lo an Avenue water tower b T-Mobile. Y ~ pp confi uration at the Lo an'Avenue'water'tower, II: BACKGROUND Dn August 1 1996, the` City of Richfield entered into a Site Lease Agreement with APT Minneapolis;-Inc., predecessor. in interest to T-Mobile,' the current Tenant of the lease. The Site Lease Agreement allowed the Tenant to erect cellular telephone antennas on the Logan Avenue watertower of three-arrays of three antennas. Accordingly, .`the Tenant constructed "an antenna configuration of three arrays of-three antennas. The Tenant. of the lease, T-Mobile, is requesting to be allowed to `replace the " existing three antenna arrays of three antennas withthree new antenna arrays of three antennas and 18 new transmission lines. -The replacement of the antennas would not take up_any additional space on the water tower and all new antennas would- be painted to match- existing antennas. . 1009CeIlAntenna I. RECOIVIME.NDED ACTION: B Motion A rove a change in the cellular telephone- antenna III. BASIS OF RECOMMENDATION • A. POLICY • N/A B. CRITICAL ISSUES • The Tenant, T-Mobile is working under a-tight timeframe to update their network with the latest technology:.. C. FnvANCIAI, _ • Arty-..costs. incurred in the replacement of cellular telephone antennas will be borne by T-Mobile. • The City collects an annual rental payment from the Tenant based on . the Site Lease Agreement: D. LEGAL • The 1998 amendment to the Site Lease Agreement allows the Tenant to update or replace antenna facilities, however, Tenant. must notify. and provide a detailed proposal to the City. IV. ALTERNATIVE RECOMIVIENDATION~S~ • Do not approve the replacement of antennas.. However, the Site Lease 'Agreement does provide for the Tenant to update and replace equipment.. V. ATTACHMENTS • Schematic drawings of the current and planned antennaconfiguration.. VI. PRINCIPAL.PARTIES. EXPECTED AT MEETING • None.- x,A, - - filMS• JNY m/•f101Y ~O711d1d 4M•7fl9lilil + / O OIlNVY7 7,l mTTR41 8 ^ 1 ~ ~/ // ~ 4 rp F 8 / ~ ~ / 3a ~~ ~ ~~ N= a / / h.. /` / W = W V r~ ~ ~ / / W N ~I I ~ ~ ~6 ~ ~ l~ % ~ p m "~ ~ ~~ ~ ' X ~'~'-~ x ~~ ~ ~ ~~ ~ o ' ' fl f I I ~ ~ tl a ~ ~ 2 ~ '~ ~ '~ ~ II ' I i-------- -- -- -~------- -)-----1 ~ ~ ~ ~ ~\i I % % • t ~ ~3 r~5 '~ ~' iii5 ~ y 4+ ~ 4 ~ q ~ ^ -q I ~ ~ I ~ ,~,~ ,~ ~, I ~t- -~ - ---------------- ~ _ ~ ~ ~ ~ x ~ $ ~~ f I h I) I _ ~ ' ~ ~ o II I II I ~' - --- ~ uto~ ------------------ I t ~~ i t ~ `. ~ ~~~ ~ ~` ,s ~ ~ ~ ~ o II I x I I II ( I ~ , ~~. X ~----------- ----------------- -~ t I u- ~ ~~ ~ ~ - ,} ~®~ ~ ~ I I ~ . . $ i I -e-.t .as I ~ ~---~~----~-X ~-^X ~----X-Xc--~n X~ II I ~ ~~J t ~ II I II ~ ~ ~ ~ ~~ ~_~~ ~~ ~ ~ `, , £t ~g s ~~ ~~ $~ .. •^ W ~. ~~ ~ n .O ~. ' ~~ e i ~ ~ ~ i ~ ~ ~ i ~ ~ ~ ~ ~ ~ a ~~ , - ~ J ,, _ ~ ~\ ~~ ~ ~ ~ i ~I I r'--------~ I I -"`~~ I I ~~ 1 6 / / k / ~ ~ /\ ~~ ~i ~ / ~ N M •f m h e u m x ~ x • x o o n x °• -• • s • w a w x m x n • ~~~. '/r' pEOUCm PNIf BC11lS. 1/~'• • ~ N n ~ ^ M at 7/ - o ~ ~ ~ M Y u n.. w m n v > _ i i~ ~ 41 ' ~~~ 3 S o ~~R~ ~ ~~ $~~ ~ ;_ ~ j N 1 - . _ 1 1 ~' ~ ~ L ~ ~.- ~~ N ~ I 1 ~ q q q i s QQO. N N 1 1 1 -1 N N N N v ~ ~ ~ ~ ~ ~- ~ M ~ 1 1 1 I a a "' ~ 1w N- ~~( 7 (5~ . , W i `~.' ans w~ 4~ wi .. au~ ^ :0311Qid YlfYOt JNIW a~Jna911 G•RlOLt•llY 'MWN6iUlt VOIIA1ri0 79OILL01 ~ ^ ~` Z .. ,J Z S ^< O om $ _~ ~ W ti t~ ~ Y , Fih~ <Z O ~ / W z _ ~ J N2 na ~ ~ „~, g 3 i o r ~ ~ ~ ~~ ~ EY n g5 s / ~ '3 i / ~[/ I / " - 1 ~ Q I / I -------------`~ ----/ -----------------~ `\ ~~ ~ ~ ~ ~~~ ~~ t ~ ~ ~ ~ 1 ~~ o ~~ / ~ \ ~ W ~ag~ ~ ~ ~ , N 8y d (` , {7f// ~ ` 1 ~ \ ~ ~ y I / • / ~ ~ , ~ ' / ~ r • ' kq~+ ~~ ~,e~~tt 1 ~~x ~ I x ~ ! i / \ X ~ ¢S ~ YYS333 ~ ~~ a~~ ~g b _~J.---------- - ' -N - I ~- ---~ boy - ~ ~ ~ ~ I ~ ~- ~\ ~ ^ ~ ~ / \` \~\ ~Si b i / ~ ~ ' ~ 0 n <Q ~ \ O 33 - ~ n '~ ~ \ \ ~~ \ ~ ~ ` `\~ \\ / \\ \ ~ ~ ~ ~ ~ / .= ~\ / \` /~ ~ - \ \ - ~ ~ \ \ / 1 ~ ~ ~ ~ r ~ \ \ \ \ / ~ / ~~ ~ ~~~ \` 6 w \~ ~~~ ~ ~ . ~ ~b 8 ~ ~ ~ a ~ ;„ ~ ~~ ~~ a~ :a aa ~a a ~~ ~ o g~ ~~ ~~ ~Q 3 i~ ~ ~ p~~ ~~ ~~ 6. f & NiN<p ~ 00~ ~~ ~` pW7~GC ~~ O ~ 411 ~ ~~ ~~ ~~ ~~ ~~' ^~ F S ~ ~_ ~ o ~~~ W ~~ ~ ~ ~~ c ~ z - : ~ ~~ i ~ a ~ ~ ~ ~ ~ ~ x = ~ ~~~ q n ~ ~ Z. ~ ~ _. y~ ~ ~ t~ iL S ~ ~ ° ~ J, 6 ~ ~ N M of m r s ~ m ` ~~ a . ~ o n r r n... . • s e ~e. ~. a ~ ~• w n s~ • ~i~i~i f~~i~i~..n ~i i i i i i i i iii i i i i i i i.•~~ uiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ii.~~ ~,~ `REPORT PREPARED BY: • i CHRIS REGIS, FINANCE MANAGER , NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration of the appointment of the firm of Malloy, Montague,. Karnovvski, and Radosevich' & Co. P.A. {MMKR) as the City's auditor for the-financial reporting fiscal years 2D07-2009, and to authorize the Cit Mana er and Ma or to execute an a reement for such services.. ser~rces I. RECOMMENDED ACTION: By .Motion`: Approve the appointment of the firm Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) as he City's auditor for the financial reporting fiscal years 2007-20.09, and to authorize the City Manager and the Mayor to execute an agreement for such II. :BACKGROUND . .For the last nine years, .the City of .Richfield has used the auditing firm of HLB Tautges Redpath, Ltd. to perform. the' annual City and HRA audit. -The engagement of thaf firm was the result of a selection process performed in the fall of 1998... It has been fhe practice of the City to periodically seek proposals from a number of auditing firms to ehsure the City retains quality auditing services at a competitive price. Accordingly, City staff initiated an auditor proposal process in July of his year to select an audit -firm for the next. three-year. period. 1009Audit Firm Appointment On July 30, 2007, requests.for proposals were ent to seven auditing -firms that practice in governmental services. A preproposal conference was held on August . ~ 14, 2007, with a final deadline `for submission of proposals set for August 27, 2007. Proposals.rnrere received from six firms. The .proposals were reviewed: by the Finance Manager. The review concentrated on first`required mandatory elements, ,then the following-items-were reviewed; experience of the-firm and .its staff with regards to auditing governmental accounts, including.those accounts that have received the GFOA Certificate of Achievement'in Financial Reporting, audit approach, sample reports and' addifional services/support that may<be provided.. Based on this review, five firms were invited to participate in an'interview process... An interview,panel consisting of City Council Member BiIL Kilian, the City Manager and-the Finance Manager conducted interviews on Monday September 10, 2007.: The five firms. interviewed were Abdo, Eck, & Meyers; HLB Tautges Redpath, Ltd., Malloy, Montague, Karnowski, Radosevich & Co., P.A., Larson Allen, and Virchow Krause & Co. -Based on the comprehensive selection process,; it was the consensus recommendation. that the firm of Malloy, Montague,. Karnowski; Radosevich & Co.; P.A. (MMKR), be appointed as the City's Auditor for the years 2007-2009.: III. . BASIS OF RECOMMENDATION • A. POLICY • It is .most importantfo note-that the selection of an auditing firm. is exclusively within the .purview of the City. Council. The function of any auditor into audit-work performed;by staff and report directly to the City Council with the results. • The role of staff in this selection process is to assist the City Council in identifying'.the qualifications, abilities and cost of selecting any audit firma::. • ~ The agreement with MMKR is contemplated to be a three-year. contract, subject;;to the annual review and recommendation of the Finance Manager, satisfactory negotiation of terms and the ..concurrence of the City Council. $. CRITICAL ISSUES • It is critical to select an audit firm now as firms.--are in the process of setting their schedulesfor the upcoming audit period. C. FINANCIaI:, • The price of $39,475 submitted by MMKR for the audit of the City's 2007;fiscalyear is $11,925 less than the audit fees paid in the ,. previous year. • Prices submitted by MMKR for 2008 and 2009 are $40,675 and $42;225 respectively. • Bids submitted by the other firms for 2007 fiscal year are as follows: - REPORT PREPARED BY: SALLY MORTON,- IT MANAGER 1VAME, Ti7zE • ITEM-FOR COUNCIL CONSIDERATION:- Consideration of a Fiber Optic Connection Agreement between the City, the Richfield School District and Local Governmentlnformation S stems LOGIS . L RECOMMENDED ACTION: By Motion.: Approve the "Fiber Optic Connection Agreement" :between the Cit ,Inge endent School District No. 280, and. LOGIS: II. BACKGROUND The City's computer network interconnects equipment installed in 12 city facilities, 2 schools, and at L;OGIS. These connections currently utilize dedicatedcopper.-data circuits and DSL service obtained from Qwest. An increase in network traffic due to new technologies and increased use are pushing these connections to and beyond their useful capacity. This has-resulted in slow response. times and occasionally unreliable service...... LbGIS, a consortium of metro: area .cities, is in the midst of a multi-year project to build a fiber optic network that links-alf of its member cities and provides high: performance and reliable. service. Where feasible; LOGIS isestablishng agreements between cities and school districts to share thisfiber infrastructure; thereby reducing costs for each participating unit of government. The Richfield School Districf already has fiber with .excess capacity installed in locations thafi-would be useful'to the -City if we could .install fiber cable °and: connect it 1009FiberAgreement to their network. LOGIS has fiber installed in .locations thaf would be similarly useful • to the School District. An agreement to share this resource will be beneficial to all three parties: This is what is accomplished by the attached"Fiber Optic. Connection Agreement" for which staff is requesting the City. CounciCs approval.. The first phase of the City's investment in a fiber optic data network has been a: part of the City's=Information Technologies: Division budget for a couple of years. However, he interconnections between various unitsof government needed. to build a cost efficient network have not come together until now.`In the meantime, the possibility of using this same fber optic network to replace much of our`current telephone system has. become feasible and offers the potential for further savings and beneficial features. ` III. BASIS OF RECOMMENDATION A. POLICY °; • The City's computer network is a valuable tool utilized by staff to `deliver City services and facilitate efficient information sharing among - staffiand between the City and other units of government: B. CxITICaL, TssuEs • The'City's current computer. network connections between .City • facilities, with other agencies, and to the Internet -are often inadequate o meet current needs: . , The Fiber Optic Connection.Agreement offers the City the ability to grea#ly enhance its current network connection capacity in a cost effective manner by leveraging existing public infrastructure investment. C. FnvaNCIAI~ . • This agreement obligates the City to pay L_OG1S a monthly fee for the use of the fiber optic cable to-be shared with thee-Richfield School , District. This monthly fee is less than what we currently pay for the network connections to be-replaced by the fiber optic network. The monthly fee under the. agreement is $500. • The agreement also obligates the City to install fiber opticcable'from City.Hall to a School, District:connection point near 70th Street and 'Portland Avenue.: The .cost of this construction is included in the IT Division's 2007 budget: One quote for this work. has been received and a second is in process. This construction 'is estimated to cost $37,000. • The agreement also facilitates, but does not require, aCity-funded :.installation of a fiber optic connection. between Fire Station #2 and-the. Community Center to the School District's fiber network.-The cost of this construction is also included in-the IT Division's .2007 budget. • -The agreement'becomes effective once all parties have approved it. It is expected thafi the School' bistrict and LOGIS will be considering the agreement this month. FIBER-OPTIC CONNECTION AGREEMENT • This Agreement (the "Agreement") is made by anal among Independent School District No. 280, a Minnesota public corporation ("Richfield- Public Schools"), the, City of Richfield; a Minnesota municipal corporation,'and LOGIS (Local GovernrrientInformation Systems),. a joint powers organization created under 1Vlinn. Stat. § 471.59 (collectively "the Parties") on this '-day of , 2007 (the "Effective Date"). WHEREAS, Richfield Public-Schools, LOGIS and City of Richfield are interested irr obtaining fiber connectivity between their respectivefiber optic networks to expand their current networks, and to enable sharing of resources of each; :and WHEREAS, Richfield;Publc Schools is interested in collaborating with LOGIS and City of Richfield in obtaining additional fiber connectivity to school districts and public sector entities for data access :and WHEREAS, LOGIS is ;constructing a fiber optic network that will be used. to connect its members to LOGIS and the State of Minnesota; and WHEREAS, City of Richfield is constructing a fiber optic network to connect its facilities and is - interested in utlizing,a combination. of cityand Richfield Public Schools- fiber; and WHEREAS, Richfield: Public Schools, LOGIS, and City of Richfield acknowledge that this • Agreementxelates to the construction and-use of physical fiber optic facilities only, and in no way constitutes any .agreements in regard to Internet, data, voice, or video connectivity; .and WHEREAS;.Ricfifield-Public Schools representsthat it has complied with all applicable'bidding and-contracting laws and is in a position, and has the authorityao provide LOGIS and'City of Richfield access-to-its fiber~optic`network .and WHEREAS, LOGIS and City of Richfield represent that they have complied with all. applicable bidding and contracting laws and are in a position,. and have the authority to provide Richfield` Public Schools access to their fiber optic network; and WHEREAS, the Parties agree that the Agreement will not be effective until-it is approved by the governing-body of each: Party: NOW THEREFORE, in consideration of the mutual covenants-and agreements set forth here in, and other good and valuable consideration,'the receipt and sufficiency of-which are hereby acknowledged, the parties agree as follows: L Responsibilities of LOGIS and City of Richfield: LOGIS and City of Richf eld agree: , 1. LOGIS/City of Richf eld will cooperate on the construction of an interconnection point between the existing'Rchfield Public Schools' fiber network and the • existing LOGIS fiber network. This interconnection point will be constructed in 1 Edina along the York Avenue splice point and shall meet the Richfield School District fiber network. For the purpose of this Agreement, this interconnection point will be referred to as the "LOGIS Interconnect"; as it connects the Richfield Public Schools' fiber network with the LOGIS fiber network. Construction will be completed in accordance with the time frames, bidding specifications and/or purchase agreement(s) mutually agreed upon by Richfield Public Schools; LOGIS and the City of Richfield. 2. LOGIS/City of Richfield will cooperate on the construction and creation of an interconnection between fiber provided by the City of Richfield and the existing Richfield Public Schools' fiber network. This interconnection point will be constructed in Richfield in the vicinity of intersection of 70th Street and Portland Avenue at the nearest splice point. For the purpose of this Agreement, this interconnection point will be referred to as the "Richfield Interconnect", as it connects the Richfield city fiber network with the Richfield Public School's fiber network. Construction will be completed in accordance with the time frames, bidding specifications and/or purchase agreement(s) mutually- agreed upon by Richfield Public Schools, LOGIS and the City of Richfield. 3. LOGIS/City of Richfield will cooperate on the construction of an interconnection point between the existing Richfield Public Schools' fiber network and the existing Bloomington Public School's fiber network. This interconnection point will be constructed at the Bloomington Valley View Middle School. -For the purpose of this Agreement, this interconnectionpoint will be referred to as the "Bloomington Interconnect", as it connects the Richfield Public Schools' fiber network with the Bloomington Public School's fiber network. Construction will be completed in accordance with the time frames, bidding specifications and/or purchase agreement(s) mutually agreed upon by Richfield Public Schools, LOGIS and the City of Richfield. 4. LOGIS/City of Richfield will provide to the Richfield Public Schools, the long- termuse of two (2) strands of fiber from the LOGIS Interconnect to the LOGIS facility located at 5750 Duluth Street, Golden Valley, MN, where the Richfield Public Schools network can be patched or spliced to the LightNnet fiber network. 5. LOGIS/City of Richfield may solicit bids~or otherwise select. contractors to build interconnecting fiber to the Richfield Public Schools' existing fiber network. LOGIS/City of Richfield may choose to have such work performed in multiple stages during the initial term of this Agreement or subsequent extensions thereof; for example, some portion in 2007, another portion in 2008, etc. Such work will, be performed at LOGIS/City of Richfield's. expense. 6. LOGIS/City of Richfield will obtain all necessary permits and consents, at their own cost, for the installation of the fiber connection(s) and /or interconnecting conduit(s). 2 7. LOGIS/City of Richfield will maintain and administer all. fiber connections and/or interconnecting conduits constructed pursuant to this Agreement on their own or with a third party contractor. 8. LOGIS/City. of Richfield will provide necessary passive components. to ensure.. end-to-end connectivity for the 2:fiber strands from the LOGIS Interconnect to the _ LOGIS Golden Valley facility as described above: These passive components include any required fiber-optic termination panels, patch panels, patch cables, and relevant rack space. 9. - LOGIS/City of Richfield will allow Richfield Public Schools' traffic including -.Richfield School authorized traffic from-other school districts or public entities to transit through LOGIS's fiber network at the physical layer only.: That is -fiber optic cables: transporting the traffic will be physically housed in hand holes, ducts, conduits, patch panels, and similar physical layer infrastructure owned and/or " controlled by LOGIS or City,of:Richfield; but at no time will Ethernet frames; IP packets, ATM cells, or similar upper layer protocols be transported directly between the Richfield Public School network and the LOGIS or City of Richfield network.. The parties agree that, for purposes of this Agreement, the definition of "traffic" shall be all computer..data using: Internet Protocol: (IP), voice over IP (VoIP), :and Video over IP (VidIP). 10:. LOGIS/City of Richfield will assure that-the work performed, materials used and • performance of the equipment used in constructing, maintaining,. and operating - the fiber connection s: and/or interconnectin conduits as well as the (.) g O~ performance of the'fiber connection(s) and/or interconnecting fiber(s) themselves, , shall be of the same or better. quality as that of the Richfield Public Schools' existing network as of the date of this Agreement. In the event Richfield Public Schools performs upgrades to its existing network, LOGIS/City of Richfield will assure that future work performed;. materials ;used and performance of the equipment used in constructing, maintaining, and operating the-fiber connection(s) and/or interconnecting fiber(s), as well as the performance of the fiber connection(s) and/or interconnecting conduit(s) themselves, shall be of the same or better quality as that of the Richfield Public Schools' upgraded network. IL Resp onsibilities of Richfield Public. Schools. Richfield Public Schools agrees: 1. Richfield Public Schools will cooperate with the City of Richfield and LOGIS on the. construction of the Richfield..Interconnect, BloomingtonInterconnect and LOGIS Interconnect. .. 2. • Richfield.Public Schools will provide to LOGIS/City of Richfield; the long-term use of two (2) fiber strands from the LOGIS Interconnect to the: Richfield Interconnect which will be used. for a connection for the City ofRichfield city hall to LOGIS. • 3 Richfield Public Schools will provide to LOGIS/City of Richfield, the long-term _ use of two (2) fiber strands that will transverse their fiber network and that will be utilized by the City of Richfield to interconnect the following facilities to the City ~ -- of Richfield city hall or any City of Richfield facilities that are in the path of the fiber interconnecting the facilities listed below and Richfield City Hall a. Fire Station at 6401 Penn Avenue S., Richfield, MN 55423 b. Community Center, 7000 Nicollet Ave. S; Richfield, MN 55423 4. Richfield Public .Schools will provide to LOGIS, the long-term use of two (2) fiber strands from the LOGIS Interconnect to the Bloomington Interconnect which will be used for a connection, for the City of Bloomington to LOGIS. 5. LOGIS shall be responsible for splicing the two fibers at the LOGIS Interconnect it provides to the Richfield Public School to connect its fiber network to the LOGIS facility in Golden Valley. LOGIS shall pass through the splicing cost to Richfield Public Schools. 6. Richfield Public Schools will allow LOGIS/City of Richfield to build interconnecting fiber to the Richfield Public Schools' existing fiber network for the purpose of connecting to the agreed upon fiber. Richfield shall be responsible through its maintenance contractors to splice LOGIS/City of Richfield fibers on to the Richfield School District fiber network (e.g. At , Richfield Interconnect, Bloomington Interconnect, or connection at other City of .Richfield facilities) point. Any costs incurred shall be passed to LOGIS/City of Richfield. 7. Richfield Public Schools will cooperate with a third party contracting with LOGIS and City of Richfield, and other interested parties to facilitate fiber connectivity through the City of Richfield and to LOGIS at-5750 Duluth Street, Golden`Valley, MN. For the purpose of this provision, the term "cooperate" is limited to allowing the installation of fiber optic cable on the Richfield Public Schools' and City of Richfield property or through mutually agreed upon existing or proposed conduits. LOGIS, City of Richfield and Richfield Public Schools. reserve the right to determine the location of the fiber installed on their property: 8. Richfield Public Schools will allow LOGIS/City ofRichfield's traffic to transit through Richfield Public Schools' fiber system at the physical layer only. That is, fiber optic cables transporting LOGIS/City of Richfield's traffic will be physically housed in hand holes, ducts, conduits, patch panels, and similar physical layer infrastructure owned and/or controlled by Richfield Public Schools; -but at no time will Ethernet frames, IP packets, ATM cells, or similar upper layer protocols be transported directly between the Richfield Public School network and the LOGIS or City of Richfield network. The parties agree that, for purposes of this 4 Agreement, the definition of "traffic" shall be all .computer. -data: using. Internet • Protocol (IP), Voice over IP (VoIP), and Video over IP (VdIP). III. Cost Sharing: "The Parties shall share in'the cost of the fiber_connection as follows: 1. The cost of the "Richfield :Interconnect"-and any interconnect of City of Richfield facilities onto the Richfield Public School fiber network shall be the City of Richfield responsibility. 2. The cosfto_splice two fibers at the-LQGIS Interconnect for: use by Richfield Public Schools shall be Richfield Public School responsibility. 3. City of Richfield will assume the cost of building interconnecting fiber to .Richfield Public Schools'. fiber"network. 4. LQGIS shall be responsible for paying the Richfield Public Schools a total of $500 a month for the use of the 6 strands of fiber from the time the fibers are first utilized by the LQGIS/City of Richfield. In the event- - LQGIS fails to pay or unable to pay due'to non-appropriation of funds, the monthly charges, ~ M ••~''°*°•~° r°~~°~, the $500 per month charges shall be billed to the City of Richfield by the Richfield Public Schools.' There shall be no cost to the Richfield Public School for the<use of two fibers interconnecting the Richfield Public School'fiber network :and-the LQGIS facility in Golden Valley. 5. :,; Richfield Public Schools shall bill the LQGIS annually for he above cost on July • 1 at the beginning of each fiscal year. Any partial year billing for the first year shall be billed after thirty (30) days from the point the fiber is first utilized by LQGIS/City of Richfield. Payment is due within 30 days of billing date. 6. LOGIS.shall bill the City of Richfield $SOO a month-for their use of the 4 strands of fiber. 7. All: parties of this agreement will be responsible for the maintenance of :their -fiber optic networks: which will be utilized by the participants of this. agreement.. City of Rchfield:and Richfield Public Schools acknowledge that LQGIS will utilize the fiber facilities to connect LQGIS to other LQGIS member organizations. LQGIS and City of Richfield acknowledge that Richfield Public Schools will utilize the fiber facilities to interconnect Richfield Public `Schools, other school districts, "educational institutions, and or . public entities. " The -Parties specifically. recognize that this Agreement is entered into. solely for the benefit of the Parties, and that any agreements with other third parties not acknowledged in this Agreement, to transport traffic by means of the Parties' fiber facilities," is subject to approval'by LQGIS/City of Richfield and Richfield Public Schools. If approval is given; the third party is responsible for gaining all -regulatory approvals necessary; if, any, and must indemnify "and Bold" harmless the- other.Parties "against any and all claims<or "damages by the third party: Third parties using the LQGIS/ City of Richfield/Richfield Public Schools' fiber connection shall" be required to pay a 5 portion ofthe cost of maintaining the link. The amount is to be determined jointly by LOGIS, City of Richfield and Richfield Public Schools. A failure to agree on an amount shall result in all Parties denying consent for the third party to use the connection. - Each Party shall be responsible, at its own cost, for its own connectivity and to access the Internet or other services. IV. Right of Access. LOGIS, City of Richfield and Richfield Public Schools and their respective authorized designees, may access the fiber optic facilities for-the purposes described in this Agreement, subject to all necessary governmental approvals. Each Party must provide the other Parties with seven (7) days notice prior to such access, except in the case of emergencies. In an emergency, each Parry may respond as necessary and must provide notice to the other Parties within 24 hours of the action taken. LOGIS, City of Richfield, and Richfield Public Schools agree to make arrangements to have their termination facilities available to maintenance personnel on a twenty-four hour, seven day' a week basis. V. Term. The term of this Agreement shall be for ten years and shall be automatically renewed for two additional years unless terminated under Section VI hereof. VI. Termination. This agreement may be terminated by any Party at the end of the initial term or any extension thereof by giving 180 days written notice prior to the termination. Any Party may terminate this Agreement for material breach 90 days after giving written notice to the breaching Party describing in reasonable detail the nature, scope and extent of the breach if the noticed Party has not remedied the breach by that time. If funds are not annually appropriated for this Agreement bw the City of Richfield or the Richfield Public Schools or LOGIS or the Agreement becomes illegal in full or in part, any Party may give 30 days written notice to the other Parties to terminate the Agreement without further cost to any of the Parties. In the event of such termination, any amounts owed from one Party to the other Parties will be due within 30 days of the termination. Amounts owed for service will be prorated if termination occurs in the middle of a billing cycle. . Notwithstanding the above, ' ,the use of the agreed upon fibers by LOGIS/City of Richfield, and Richfield Public Schools shall survive the termination of this agreement and each organization shall te-continue to provide access to and maintain their fiber network for the. term of the agreement and any renewal thereof and- T ^~' Tc ~~"~+° ^~ shall cooperate fully with each other to allow the continual operation of the fiber networks Additionally the Parties mutuallyagree- ~g~ee-to execute a successor agreement within a reasonable time that addresses the changed financial environment.- VII. Authorized Representatives. Each Party shall designate a representative for purposes of administration of this Agreement (the "Authorized Representative"). Each Authorized Representative shall have authority for acceptance of services and shall be the point of contact for all payments due under this Agreement. A Party changing the designation of its Authorized Representative shall notify the other Party pursuant to the notice provision of this Agreement. 6 LOGIS Authorized Representative: '. Manager of Information Services LOGIS _ Richfield Public Schools Authorized Representative: Business Manager '; Richfield Public Schools City of Richfield Authorized ;Representative: Manager of Information. Technology City of Rchf eld VIII. Assi ent. Except as specf cally provided herein, the Parties shall- not assign; transfer or delegate any;-rghts or obligations under`this Agreement either drectlyor indirectly by any -means, by operation of law .or otherwise without the prior written consent of the other Parties, which consent shall notebe unreasonably withheld. IX. Amendments. This Agreement contains .all the terms agreed to by the Parties and any promise or communications of any type not reflected in the Agreement are null and void. Any amendments.to, this Agreement shall be in writing and shall be ,approved by the governing Board of each party. X. ~ Governing Law.: This Agreement'-shall be governed by the-laws of the State of Minnesota. . XI. Notices. All notices and other communications required or permitted hereunder shall be given in writing and shall be: a) personally. delivered; b) sent by telecopier, facsimile transmission or other electronic means of transmitting written documents;' or sent to the Parties at ..their respective addresses indicated here by registered or certified U.S. mail, return receipt requested and postage prepaid, or;by private overnight mail courier service.-. If personally.delivered, such communication shall be deemed delivered upon actual receipt; if electronically transmitted, such communication shall be:deemed delivered the next business day after transmission; if sent by overnight courier, such communication shall be deemed delivered. upon receipt; and if sent by U.S. mal;.such communication shall be deemed delivered as of the date of delivery indicated on the receipt issued by'the relevant postal service. The Parties to this Agreement--may change heir address for-.the purposes of thisAgreement,by givingnotice thereof, in accordance with this section.- XIh Force, Majeure. The Parties understand that acts of God, acts of civil or military authority, government_regulations, embargoes, epidemics, war, terrorist acts, riots,.. fires, explosions, earthquakes,. floods or other unusually severe weather conditions or other environmental disturbances, strikes, or other circumstances not under the control of the Parties ' ("Force Majeure") rnay,delay performance as set forth in this Agreement. In the event a Force, Majeure-event materially limits one or all of the Parties' abilityto perform under-this Agreement • ~-such limitation shall not be considered a breach of the terms of this Agreement. 7 XIII Liabili .The Parties are liable to each other only to the extent the negligent actions or inactions of one of the Parties proximately cause direct out-of-pocket costs to one of the other -~ Parties. The Parties are not responsible for lost services, lost revenues, lost profits, indirect, consequential or special damages or attorneys' fees incurred by each other. Notwithstanding paragraph one (l) of Clause XIII, LOGIS/City of Richfield will defend, indemnify, and hold harmless Richfield Public Schools against any claims brought or actions filed against Richfield Public Schools or any of its officers, employees, or agents for damages arising out of, or relating to, the performance of LOGIS/City of Richfield, or a third-party contracted by LOGIS/City of Richfield, under this Agreement. Richfield Public Schools shall have the right to choose its own legal counsel and to seek reimbursement from LOGIS/City of Richfield Public Schools for the costs of defending any legal action for damages arising out of, or relating to, the performance of LOGIS/City of Richfield, or a third-party contracted by LOGIS/City of Richfield, under this Agreement. XIV Insurance. Each Party represents-that it carries the insurance coverage necessary for. school districts, municipalities and/or joint powers organizations under Minnesota law and has and will maintain coverage for operations. No Party waives its imitations on liability under Chapter 466. XV Dispute Resolution. If LOGIS, City of Richfield, and Richfield Public Schools cannot agree on any matter arising out of this Agreement, after a reasonable period of good faith negotiations, they agree to engage a qualified third party to mediate the disagreement, and share the costs of the mediator on an-equal basis. The Parties will work in good faith with the mediator to find an acceptable solution and must reduce any settlement agreement to writing. Any such agreement must be incorporated into and made a part of this Agreement. If a mediated agreement cannot be reached each Party has available to it all rights in law or equity. XVI. Miscellaneous. 1. The failure of a Party to give notice of default, or to enforce or insist upon compliance with any of the terms or conditions of this Agreement, the waiver of any term or condition of this Agreement, or the granting of any extension of time for performance, shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement and each of its provisions shall remain at all times in full force and effect until modified by the Parties in writing.. 2. This Agreement sets forth the entire understanding of the Parties. 3. This Agreement -shall be binding and inure to the benefit of the Parties hereto and their respective successors and assigns. 4. Each Party warrants and represents that it is duly authorized to execute this Agreement. 8 • ITEM FOR COUNCIL-CONSIDERATION: Public hearing regarding an amendment to the City Bella Planned Unit'Development:fo allow' the following:. `. 1) Mechanical equipment currently installed, in the. plaza area to, remain, provided the -units are screened to prevent injury;-,and ~, 2 Under round Arkin to remain restricted-from use b visitors/customers: L RECOMMENDED.ACTION: Conduct -and c ose a public hearing and by motion: Approve the resolution authorizing an amendment to the City Bel a Planned Unit Development, Final De~elopment`Plan and Conditional Use :Permit to allow mechanical equipment #o remain in their current location and to continue to prohibit- visitors/customers parking in the underground Arkin Ara a continued from Se tember 11 2007 . II. BACKGROUND _ On July 9, 2002 the City Council approved a Final Development Plan (FDP) and Conditional.: Use Permit (:CUP) for the City Bella mixed-use project at 66th Street and Lyndale Avenue. The approved plans indicated that all mechanical equipment related to first-floor commercial. uses would be screened from view. This was to be 100907.- City Bella APUD achieved by locating the mechanics equipment in the underground parking garage. Additionally, approved plans called for shared. parking and cross access agreements hat-would allow. visitorslcustomers`to utilize 39 spaces in the .underground parking structure. '..City Bella Commercial L:L.C and the CityBella Homeowners' Association (Association)"are requesting an amendment to the approved plans to allow the following: • The.twb air condensing. units installed in the plaza walkway between the tower and the 4-story building be allowed to remain, provided they are - screened -in accordance with City standards; and • Visitor/public parking be allowed only on the surface and street parking -areas providedthat if and when afull-service restauranfi or another use.. that could significantly impact parking wishes to occupy space' at City 'Bella, a parking study be conducted to ensure adequate availability.. III. .. BASIS OF RECOMMENDATION A. POLICY • Parking. configuration and screening changes are generally considered `minor' amendments to a PUD and are reviewed administratively; however; the Community Development Director may ~ - • determine that a proposed _'minor' amendment is in fact a `major' amendment. In these`cases amendments shall be referred to the Planning Commission and the.City Council. • Due to the nature of the proposed changes, the Director has determined thst the proposed changes constitute a 'major' amendment. • The zoning code-requires that'all mechanical equipment be enclosed- in a screening enclosure designed to provide a safety shield and to conceal the equipment from public view.. The enclosure must be ;constructed of materials that are similar to the_principal structure. This requirement has generally been interpreted to include materials that are harmonious with the principal structure. • "City parking requirements for retail and/or community shopping: centers-.call for one space per 250-square'feet. The total commercial 'square footage in City Bella~is 23,086-square feet (4-story: 16,786; tower: 6,300). The.required number of parking stalls is 93. There are ...currently 117 at-grade parking spaces (15 on-street spaces, 102 ':.surface lot spaces). $. CRITICAL ISSUES • The commercial property owner and the Association support the ,• proposed amendments. • The Planning Commission recommended approval of the proposed ~' amendments (4-3). - - / Parking • • Ade uate at- rade parkin is available for visitor/ ublic us at this q g g p . e site. " - • The provision for public underground-parking dates from the`original .City Bella concept, which included a restaurant use.. • As part of their'lease agreement, the commercial tenants are permitted to use designated parking spaces`in he underground garage. -This leaves the surface and street parking available to visitors and the public:. - ` • The commercial tenants currently utilize 40 spaces in the underground garage. • Residents of`City Bella own all remaining spaces:.. • Opening the .underground structure to'visitorswill not provide additional public parking, as there are no available spaces. • The`underground parking`structure is generally not handicap accessible for the .general public.. Tha 'only elevator from the garage. leads directly into the residential tower-.and would not be available for use. by visitors: • There is one exit from the underground .garage thafi would be available to visitors (does not require a programmed key fob).: A key. ..fob is required for any., re-entry. • If the main ramp entrance-doors are to remain -open, the vvater'lines leading to the car wash will-.freeze.- This has been an issue in the past when the Association has opened the doors in an attempt to coat the underground garage area.. • Numerous residents have. contacted ;staff to express their concerns regarding safety if the garage were to be opened to visitors. • In the future, if afull-service restaurant or other use with potentially high parking demand wishes to locate within he-Gity:Bella development, an independent parking study will need to be - conducted to ensure that adequate parking.is available. Air condensing units.. • The: air condensing units have been installed in their current location for more than two~years. • These units were installed. without permission and without permits, • ' A temporary permit has been issued for the units. A permanent permit will` not be issued. until. this issue is resolved. • Residents have complained-.that additional mechanical equipment is undesirable in the garage. due to the already high temperatures. • :Existing commercial spaces find it difficult to cool-their units due: to the heat coming up fromthe underground garage. • It appears that in the design phase of this project, the licensed mechanical .engineer(s) hired by the developer may, have - • underestimated the .heat that would be generated: It is -the responsibility of said mechanical engineer to design a system that will -meet. the needs of the client: 'The C'ity's Inspections Department reviews submitted plans for compliance with minimum State requirements. It is not the_responsibility of the Inspections ,Department to decide what type of system will meet the particular needs future occupants. • At the .request of the Planning :Commission, he commercial property ownerrequested aquote for moving the two 4-ton-units serving Quizno's to the underground garage (attached). Depending on the method. chosern.the cost would range from $30,070 to $69,070. • Staff has received many callsfrom:residents regarding-the excessive heaf in the garage-and their desire not to increase this through the addition of more mechanical equipment. • According to Sedgwick Heating and Air Conditioning, the temperature in the garage now is exceeding 105 degrees.: Sedgwick=will not guarantee the compressors. to operate in temperatures over 100 degrees.. " • It is important for this issue to be :resolved so that. a final Certificate. of Occupancy canbe"issued. It is difficult for residents to obtain insurance in a building that-does not have this finale-certificate: • Residents, the `commercialproperty owner and staff believe that the .existing large-:flowerpot providesadequatevisual screening of the existing units. ;' • A fence. should be installed to ensure safety.:.. • Screening materials must be approved by the Community Development Director priorao installation. Staff has discussed the installation of a wrought iron fence matching that of the fence on the opposite side of the patio with the commercial owner: This proposal is satisfactory to: both'staff and the owner. • ' C. FnvA1vCIAI, The. required amendment processing fee has been paid... D. `LEGAL _ l • The required mailed. notice has.been provided. • The: "60-day" clock began on August 13 2007. The. City Council must issue a decision on this item by November 12, 2007. • A simple majority. of councilpersons presenfi is: required for approval. IV. ALTERNATIVE RECOMMENDATION~S~ '; • Approve the`proposed amendments to the CityBella`FDP.and GUP with additional conditions. • Deny the proposed amendments to: the City Bella FDP and CUP and the Homeowner's Association would .need to' find some way to meet the .parking requirements of the original approval and City Bella L.L.C: would need to :move.the condensers into the garage. V ATTACHMENTS • Resolution • Approved underground parking plan • 'Quote #or installation of air condensers in underground garage • VI. PRINCIl'AL PARTIES EXPECTED AT MEETING ' • Jan Susee, City Bella Commercial L.L.C. • Representatives: of the-City; Bella Homeowners' Association l0 ~' RESOLUTION NO. • RESOLUTION AUTHORIZING AN AMENDMENT TO THE 'CITY BELLA PLANNED UNIT DEVELOPMENT,... FINAL DEVELOPMENT PLAN AND CONDITIONAL`USE'PERMIT FOR THE CONSTRUCTION, OF SCREENING ENCLOSURES AND :THE RESTRICTION OF PUBLIC PARKING ..UNDERGROUND WHEREAS, an application has been filed .with the City of Richfield which requests approval of an amendment to he Planned Unit Development, Final Development Plan acid Conditional -Use Permit for the mixed use development on land generally-located at 6600 and 6640 Lyndale Avenue South, legally described:as: Tract A, Registered Land Survey No. 1745, ..Hennepin County, MN. WHEREAS, the Planning Commission held a `public hearing on the original request fora Planned. Un~if Development, Final Development Plan and Conditional .Use Permit on .:October 24,-2000 and voted unanimously to recommend approval. of this original request. WHEREAS,: the `City_ Council held a public hearing on the original request for a Planned Unit Development, Finaf Development Plan, and Conditional 'Use Permit : on . December 11, 2000 and voted unanimously to approve the-plan. .WHEREAS,=the Planning Commission held a public hearing on:the request .for an • amendment to the finaCbevelopment Plan and Conditional Use Permit on June_4, 2002 and voted unanimously to recommend approval of the amended plan. WHEREAS,'the City Council held.. a public hearing on the request for an amendment to the Final Development Plan and Conditional Use Permit on July, 9, 2002 and voted unanimously to approve the amended 'plan. WHEREAS, the Planning Commission held a public hearing on the request for an amendment to the Final Development Plan and Conditional Use Permit on August 27, - 2007 and voted 4-3_on September'24, 2007 to recommendapproval of the amended plan. WHEREAS, notice of the-public hearing was published in accordance with-City and State requirements.. WHEREAS, he City Council conducted a public hearing on the amendment to the Final Development-Plan and Conditional Use Permit on October 9, 2007. - WHEREAS,:' the... proposed amendment- .meets those requirements necessary .:for approval of a Final Developmenf `'Plan anal Conditional Use Permit as ;specified in' Richfield's Zoning Code, Section 536.17, Subd.4; and WHEREAS, the City has fully considered he request for approval of :the i amendment to the Final bevelopment Plan and Conditional Use Permit; NOW'THEREFORE, BE IT-RESOLVED, by the City. Council of the City of Richfield, Minnesota, `as follows: 100907 -City Bella APUD -a 1. The City Council .adopts as its Findings of Fact the WHEREAS clauses set #orth above. 2 A Final Development Plan and Conditional Use Permit are approved for the City Bella developmenf as described in City Council Staff Report No. , on the :Subject Property legally above. 3. The Final-Development Plan -and Gondifion, al Use' Permit are subject to completion of the following_conditions before a Certificate of Occupancy will: be issued: • All screening materials must be approved- bythe Community Development Director prior to installation: 4. An independent'traffiestudy to de#ermine if adequate .parking is available will be necessary prior to the .leasing of any space. on the Subject Property to a :: full-service restaurant;or other use with ;potentially high=parking .demand. 5. The Final Development Plan and Conditional Use Permit hall remain in effect for so long. as conditions regulating it are observed,. and the . Conditional Use Permit shall expire if normal operation of the use has been 'discontinued for 12 or more months, as required by the Zoning Ordinance, • Section 546.05,.Subd. 9. Adopted by the City-Council of the City of-Richfield, Minnesota this 9th`day of October 2007.. Debbie Goettel,-Mayor - ,, ATTEST: Nancy Gibbs, City Clerk - • -zo J bJL p~noad~l ....451 ~ ~ 5EI)GWICK Fi£ATING i PACE 02/QrD 09!20/2007 15.57 9528614 8910 Wentworth Av+ertt2e South Mlttneapa!!& MIJ 65420 Tel: {9b2) ~i-8000 SCptembex 20, 2047 Jan Susee 6G4U Lyndale .Avenue. Scs, Suite 1 Q0 Iticfific~d [ ~~423' Re: Quiz~ao'sRevBsed Frapc-sai Dear Jan: PEr our phone conversation, you wanted me to come np witlx a pr€ce for moving fUa two 4-ton units serving Quizno's. ' Sedgwiak Hcating does not irecommend this. The :temperature in-the garage now is exccedug 105 degrees.: 'We'd be adding another 94,ODf1 _ 'BTU in the garage area and the teznperatuxe will go higher.. Thita could cause premature burnout o~ condensing units.. 1. Dui to the construction post tension vsre will have to x-ray the flovz bafare getting • 'there&igera#ion lines dawn. We will have tv !ague a core drll3er for the lines. 2. We will have to purnp down the two 4-ton units psr code. 3. Run oew rei~igeratitJn lines,. all hard copper, silver soldered to the garage location. 4, Malce oxadle stands for two condensing sections. 5. Re: wire air oonditiauing Rom Quizno's parcel, line and low voltage. The tvtai cost as outlic~ed above is Fifkeen Thousand Seven >;Iundred Seventy and xaati 44 ..Dollars--------------- ---- Tnnr~ri a general exhaust svske n~f,~ garage.; We w111 change general exhaust from ~ of a CI~M to I CF11~ gar sq ft. Maybe necessary to chaxzgg the fresh air inlets. +_----_-_-~ Bvcdget cost--...,.,-----------------~----....___--->----...___------,-- $39,4fl0.44 Mar-datorv ,Alternate:: . 1. We will not guaraxcteo the corr-pxesxgrs to operate in temperatures over l IO degxce4. It would be necessary to put in a new ventilatltin system in the garage . urea, and uss the existing. Wo would add threc 2400 CFM box £ans which would be tied into the general `entiiation systen- fox the garage area. We would re-wire the system to make ox+ temperature rise where condensers are located. F{IgRYVtgt7'JSgAC1fFD8Y0UR. ~1'" - ~,._..'~ .5i F]Y887AIsfD.4R4'~ORrXCELEENGE ~~~„ ~. ^~ $ I .. ;. _ AGENDA.SECTION: Pi1BLIC HEARINGS AGENDA ITEM # 7 • REPORT # Z6O .STAFF REPORT ~ CITY. COUNCIL MEETING OCTOBER 9, 2.007 MELISSA POEHLMAN, PLANNING REPORT PREPAREDBY: ZOrTING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: SIGNATURE. REVIEWED BY CITY ~~ N 1VIANAGER: • II. BACKGROUND. The Church of St. Peter (St. Peter's), located at 6730 Nicollet Avenue, has an opportunity to purchase the vacant lot located at 6745 Blaisdell Avenue.. St. Peter's wishes to purchase this lot for use as an outdoor recreation area for use by the 457 Blessed Trinity'School students. There is not enough`existing outdoor space for the 'students,-and many are now spending breaks' playing in he parking lot. St. Peter's would like to remedy this situation by purchasing the adjacent vacant lot.- The 100907 - ACUP 6745 Blaisdell (St Peter) current property owner lives across,Blaisdell Avenue and-owns a number of lots in the neighborhood. The Housing and Redevelopment Authority (HRA) is in the process of purchasing asingle-family lot located at 6744 Blaisdell (across the street) from: this same property owner, The outdoor. space will remain,"green space" and will not be converted into a bituminous area. St. Peter's proposes to construct an eight-foot high fence to provide screening for the neighbors. 'Outdoor recreation areas are required to be sefi-back at leasf 40=feet. fromall Jot lines.. St. Peter's is requesting a variance:from this requirement on the wesf and.south sides of he property. The property-abuts 'street right-of-way rather than .residential parcels on these two sides. A 40-foot setback from all property lines would render the parcels: unusable for the Church. III. -BASIS OF RECOMMENDATION A. POLICY Schools and religious institutions are conditional uses in the R District. The findings necessary to issue a CUP (546.05, Subd. 6) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the _ 'City's Comprehensive Plan. This requirement is not met: The Comprehensive Plan designates this site as single=family residential. -While the Zoning Code allows institutional uses in the single-family district, the Comprehensive Plan calls themout separately. This is something that - should be remedied as part... of the Comprehensive Plan revisions. In the meantime, the Church is proposing .an amendment to the Comprehensive Plan, which is being processed separately.: b) `The; proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines, :This requirement does not apply. c) The proposed use is or will be in compliance with he performance standards specified in' Section 541 of this Code. This. requirement is met. d) The proposed use will not have undue adverse impacts on governmental facilities; utilities, services, or existing or proposed :improvements. This requirement is met. e) The use. will not have-undue adverse impacts on the public. health, safety; or welfare. -This requirement is met.. f) There is a public need for: such use at the proposed location..- This: requirement is met. g) .The proposed use meets or will meet all the specific conditions set by this code for the granting of such -conditional -use permit.. This requirement is meta See below. Schools and religious institutions are conditional uses in the R bistrict, as specified in' Section 52.1.07,: Subdivisions 11 and 13 of the Zoning Code. These sections of the Zoning Code specify four, requirements as follows:- Pick-u and dro -off areas shall be designed to enhance vehicular and . 1) p p pedestrian safety.. The proposed changes do not impact pick-up and drop- - off areas, other than the fact that.they provide: somewhere other than. the parking loft for the tudents to play. 2} .Outdoor recreational facilities°designed for group activities shall. be set back. at least 40-feet from. any lot line.. The Church is requesting a variance from this requirement. The criteria necessary to grant a~variance are present and are as follows: • There is an undue hardship that denies the. applicant"reasonable -use of the property. 'Compliance with the 40-foot set back requirement would .allow. use of less than half of the property. Compliance would constitute a loss of approximately 4,500-square feet of outdoor recreational area. • There are unusual circumstances that apply to this property that do not apply to other schools and churches. The applicant proposes to comply. with set-back requirements where adjacent to residential properties; however two sides of the property abut street right-of--way. The intent of fhe Ordinance is to protect adjacent residential properties, but that isnot an issue in this instance. -The- 60-foot right-of--way provides adequate set back from nearby residential homes; The variance will not alter the character of-the neighborhood. The applicant proposes to install a fence. Other than.that,-the property will not change..'. • The variance requested is the minimum required to alleviate the undue hardship. Additional set backs will .not have significant impact on the neighborhood- and -will only serve to decrease the usable area... 3) Buffering shall be provided to mitigate noise and adverse impacts on adjacent properties. This requirement is met. The Church proposes to install an eight-foot privacy fence o buffer the outdoor activity area from nearby residential properties. 4) Lighted playing fields-shall be permitted only upon demonstration that off-site .impacts can besubstantiallyrnitigated. This requirement does not apply. St. Peter's does not plan to light the outdoor recreation area. Section 511.23,. Subdivision 13 of the Zoning Code states that fences.. and walls hall be permitted as part of park, church,. and school recreational facilities in accordance with standards on file with the Community Development Department.' Staff is not aware of any standards currently on file. Staff believes that the ,proposed :eight-foot fence is appropriate for the proposed use and should be approved as part of the conditional use permit amendment. $. CRITICAL ISSUES _ St.;Peter's is in the: process of .requesting an amendment to the Comprehensive Plan that would allow expansion of their facility. While the Zoning Code allows the proposed expansion, the Comprehensive. Plan does-not. This is an issue that should be remedied. during the revision process,. as the- Comprehensive Plan and Zoning Ordinance are required by State law to be consistent. All other criteria necessary to issue a conditional use permit and a variance are present.: ,Approval will be conditioned. upon the amendment of the 'Comprehensive Plan. ~--i RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW THE PROPERTY LOCATED.AT 6745 BLAISDELL AVENUE TO BE-.USED AS AN OUTDOOR RECREATION FACILITY; AND GRANTING APPROVAL OF A:VARIANCE TO ALLOW A REDUCED SETBACK FOR AN OUTDOOR RECREATIONAL FACILITY WHEREAS, an application has: been filed with the City of Richfield which requests an amendment to a conditional use permit and a variance to allow an outdoor recreational facility`with reduced setbacks at-6745 Blaisdell Avenue, legally described as Lots 4 and 5, Block 1, Oaklane Addition,. according to-the recorded plat thereof, :Hennepin County,. Minnesota, including the adjacent'/2 of the vacated alley. WHEREAS, the Planning Commission of the City of .Richfield has recommended approval of this requested amended conditional use permit and variance at its September . 24, 2007 meeting; and WHEREAS,'this requested amended conditional, use. permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, 'Section. 546:05; Subd.6; and WHEREAS; the requested variance meets the requirements necessary for granting a variance as specified in Richfield's Zoning Code, Section 546.09; Subd. 1 and as detailed in City Council Staff Report No. ;and WHEREAS, the City has fully considered. the request for approval of the amended conditional use permit and variance:. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota; as follows:. 1. An amended conditional use permit and variance are approved for use of the Subject Property:legally described: above as an outdoor recreation facility with reduced setbacks, as described in City Council Staff Report No. 2: This amended'conditional use permit and variance is subject to the following _ conditions: • .That-.the City's Comprehensive Plan ~be amended to allow aQuasi-Public use on this site. • That.the recipient of this conditional use permit takes steps to combine the; :property legally described above into a single tax parcel • Thatthe recipient of this conditional use permit. record this resolution with the County, pursuantto Minnesota Statutes Section 462 36, Subdivision 1 and Richfield Zoning Code546.05, Subdivision 7. ~3. The conditional-use permit;shall remain in effect for so long as conditions ' regulating it are observed, and the conditional -use permit shall expire if normal operation of the use has been .discontinued-for 12 or more months, as required by the Zoning Ordinance, Section 546,05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of October 2007: - Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 100907- ACUP 6745 Blaisdell (St Peter) C ,_ 6745 Blaisdell Ave - ACUP & Variance (9/07) Surrounding Zoning ~~. .~~ R St. Peter's Church- , R R ~ h~ ~ ~ R R R R ` R R W: W ~. ~ R R Z Z R R ~ R R R R ~ ~ _P I,LJ 68TH STREET O U R Z R R m `R MR-1 R R R R MR-1 - - ,R R R MR-1 R, R R MR"1 R II .. I I I ~" i ~ CHURCH uRCH St. Peter's Church ES RES ~ . h~ RES RES. RES RES RES RES W W ~ ~ RES RES Z Z Q VAC RES- Q RES RES RES RES ~ J W 68TH STREET. U J RES Z RES RES m RES DPLX RES RES RES RES DPLX RE R RES RES DPLX Eg ,' 6745 Blaisdell Ave - ACUP'& Variance {9/07) Comprehensive Plan Designations N QP-cH/S =cHis St, Peter's Church -SFH R-SF ~~ R-SFH R R R R-SFH _R W W. -` ~ ~ `R ' R Z Z Q R R-SFH ' Q R-SFH R R R J J W 68TH STREET m Z R-SFH R R R R-SFH H R-SF R R R R-SFH R-SF R R R-SFH -SFH R R R-SFH R-SFH 111 `` R -Single-family residential R-SFH -.High-density single-family QP-CH/S -Quasi-public -Church/School 0 50 100 200 300 400 Feet • ITEM FOR COUNCIL CONSIDERATION: Conduct and close a public hearing and consider the adoption of,special assessment levy for the Richfield Parkwa and 66t" Streef Intersection Project. IL $ACKGROUND On December 12, 2006 the City Council approved the creation of a special assessment district for financing the- Richfield Parkway and 66t" Street Intersection Improvement Project. The principal and interest of the $4.25 million bond issued fo finance the project is -to be assessed 20% against the owners of the redevelopment tracts, that is 1009Special Assessment - I. RECOMIVIENDED'ACTION: Conducfand closea public hearing and by motion: -Adopt the attached resolution levying assessment for the'Richfield Parkway and 66t" Street Intersec#ion Project;wi#h $850,000 special assessment to be levied a ainsf R an Com `: anies and the Tar et Cor oration. Ryan. Companies,lnc., and the Target Corporation. (Target owns only one of twelve parcels.) -The City must now levy the special assessments. III. BASIS OF RECOMMENDATION A. POLICY • The Ryan Companies'waived all requirements for notice and. hearing in the conduct of the improvement project-and the levying of the special assessments. - Notice of the public hearing was mailed to the property owners and was published in the official newspaper on September. 20, 2007. B. CRITICAL ISSUES • The City Council must-holds public hearing and`levy the special assessments on affected properties in order#o notify the County by November 15, 2Q07 to assess the affected properties beginning-in -2008. C. FlivalvClal, • The amount of the principal and interest on the special assessment is shown. on the Assessment Roll` attached to ..the Resolution that is to be certified to the County Auditor. • The assessments wi11 be levied over a 20-year term at an interest rate of 8.625% for the first year and at an interest rate of 5.75% for .the years 2 through 2Q. • The bond. payments #hat are not pecially assessed (80% of the bond) will be paid through the general-#und. D. LEGAL • The'City Attorney has reviewed-'and approved the form of the resolution and the assessment roll; IV. ALTERNATIVE RECOMMENDATION~S~ • None. V. ATTACHMENTS • Resolution adopting assessment on Richfield Parkway and 66t" Street Intersection Improvement Project. • Proposed Assessment Roll (Exhibit A to the Resolution.) • Map of Richfield Parkway Improvement Project Area To Be Assessed VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None Anticipated 1009Special Assessment ~~ RESOLvUTION NO. RESOLUTION RELATING`TO THE -RICHFIELD. PARKWAY AND 66T" STREET INTERSECTION PROJECT: ADOPTING " SPECIAL ASSESSMENTS FOR THE PROJECT The "City Council: of the City`of Richfield, Hennepin County (City) resolves: Section 1. Background;,findings. 1.01. The City has duly ordered the construction of a public improvement project known::as the Richfield Parkway and 66th Street :Intersection Project (:Project), in accordance with Minnesota Statutes, Chapter 429 (Act). The.. Project was ordered by , ; Council Resolution, (No. 9855) of December 12 2006 (Resolution). - 1.02: The City Engineer has submitted to this Council a proposed assessment roll for the Project; attached as Exhibit A. 1~:03. ~ After proper notice duly given pursuant to .the Act, -the `Council has met, heard- and passed all objections to the proposed special assessmentsfor the Project. Section2. Assessment adopted. 2.01. 1n accordance with Minnesota Statutes, Section 429.061, the proposed assessment roll is accepted and adopted and .constitutes a special assessment against. the larids named therein, and each tract of land named therein included is fiound fo be -benefited by the proposed improvement in he amount of the assessment-levied against it. 2.02. The assessment is payable in equal annual installments extending over a period of twenty `years, -..the #irst of the installments to be payable on or before the first Monday in January,, 2008: The installments will. bear;interest at the rate of 5.75 percent per annum from the date of the adoption. of.this resolution. To the first installment will be added "interest on the entire assessment ;from-the date of this resolution until` - December 31, 2007. To each subsequent installment when due wily be added interest for one year on all unpaid installments. 2.03. The owner of property so assessed may, ` at any . ime' prior to the - certification of fhe assessment #o .the county auditor, pay the whole, of the assessment`- on the ;.property, `:with interest accrued fo the date of payment, to the city Finance. Division., except that no interest will be charged if th"e entire assessment is paid within 30 days, from'the adoption of .this resolution; ;and the owner may, at any time thereafter, ` pay to the city Finance Division. the entire amount of the assessment remaining unpaid, -with interest accrued>to becember.31 of the year in which-the payment is made.- The payment must ,be made before November 15 or interest will be charged through December 31 of the next succeeding year. 1009Special-Assessment EXHIBIT A ASSESSMENT ROLL RICHFIELD PARKWAY: AND 66T" STREET INTERSECTION PROJECT Parcel Address. Property ID # Total Assessment Lot 1, flock 1 1700 66th ST: E. 2602824140130 $ 29,112 Lot 2, Block 1 1800 66th St. E. 2602824140131 $ 21,329 Lot 3, Block 1 1840 66th St. E. 2602824140132 $ 30,841 Lot 4,. Block 1 6501 Richfield Pkwy. 26028241:40133 $ 29,1.12. . Lot 5, .Block 1 651.5 Richfield .Pkwy:'. 26028241401.34 $ 24,788 Lot 6, Block 1 6445 Richfield Pkwy.:; 26028241401:35 $364,903 Lot 7, Bock 1 6401 Richfield Pkwy. 2602824140136 $ 21,906 Lot 8, Block 1 6301 Richfield Pkwy: - 2602824110077 $264,022 Lot 1, Block 2 1620-1640 66th St. E. 26028241401.37 $ 20,465 Lot 2,Block 2 6528-6540 Richfield 2602824140138 $ 12,682 Pkwy. Lot 3, Block 2. 6512-6526 Richfield 26028241401.39 $ 12,394 Pkwy. Lot 4, Block 2 6500-6510 Richfield 2602824140.140 : $ 18,447 Pkwy. Total amount of assessment = $850,000 Interest rate to be :paid on all assessments. = 5.75% Term of assessments = 20 years, commencing in 2008 1009 Special Assessment • CHRIS REGIS,: FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the special assessment roll for weed elimination from private property -and remova or elimination of ublic health or safet hazards from rivate ro ert sa et czar s rom nva a ro e TI. $ACKGROUND • The special assessment for elimination of public`health:or safety hazards from private properties is fo:r costs incurred: by the City in connection with abatement - of these hazards on ;certain properties in the City, which are not properly maintained. • The, owners of the subject, properties`are notified by the City to correct: the.. public health or safety hazards and have failed fo do so within a timely limit. • The property owners were notified that if the public health or safety hazards were not abated within the proper time limit, the City wouid take the corrective action necessary and bill the property owner. • Finally,-each:-year the City utilizes City Public Works staff to cut weeds on certain .properties in the City not maintained by the owners.. If the owner fails to cut the - . weeds in a timely manner after notification by the:City, the City undertakes the weed destruction and bills the property owner for the service: • In all cases, property owners ,will be notified thaf any unpaid charges of fees may be assessed against the property. 1009-Nuisance Sp Asmt Public Hearing. I. RECOMMENDED ACTION: Conduct and close the public hearing and' by motion: Approve the attached resolution adopting the assessment for weed elimination from private property and removal or::e imination of public health or f h ,; d ` f,. t ~ III. BASIS OF RECOMIVIENDATIb1V A. POLICY- • The nuisance properties were not maintained by the owners and the City incurred casts to abate the nuisance. • Minnesota State Statutes providethat` he City may levya special one- yearassessment for these costs. • Notice of.the certification was published in the Sun Current September _ 20, 2007. B. CxITICAL IssvEs • N/A C. FnvANCIaI, • The -proposed special :assessment for the. elimination of public health or safety hazards from private property :is $4,186.92 wifh an additional 6%° interest "penalty. • The proposed special assessment for weed elimination-from private property is $6,924.00 with an additional 6% interest penalty. • Costs incurred for city staff-time in the clean up of the properties or to remove the weeds are included in the peciaf assessment amount. • A $25.00-administrative fee is charged to all properties. • The affected property owner may `prepay the .original principal amount without interest within 30 days from the date the Council adopts the assessment. If-.the original principal amount is not paid, the assessment will be charged 6% interest. D. LEGAL ,• No legal issues are apparent at this time. The-City Attorney will be in attendance at the Council meeting should a ..legal. question arise. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the attached resolutions and have the costs absorbed by the City: V. ATTACHMENTS. • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None: ~-- RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR WEED ELIMINATION .FROM PROVATE PROPERTY AND, REMOVAL OR ELIMINATION OF PUBLIC HEALTH OR S AFETY HAZARDS FROM PRI VATE PROPERTY. WHEREAS, pursuant to proper notice: duly given as required by law, the City " Council has met and passed upon : all objections to the proposed assessment for current services related to weed elimination. from privafe property and removal oh elimination of public health or safety hazards frornpriva#e property in the City of Richfield: - Public - Health or _ Weed Safety _ Property Address PropertyiD Number- Elimination Hazards 7345. Nicollet Avenue South 34-028-24-13-0045 499.00 - 6845 17th Avenue South 26-028 24-44-0025 427.00 682.00 7544 Nicollet Avenue South 34-028.-24-31-0118 329.00 107.00 68'54 Penn Avenue South 29-028=24-44-0004 125.00: 11.3.00 " 6545 -Penn Avenue' South 28-028-24-23-0020 ~ 125.00 7501 Stevens Avenue South. 34=028-24-42-0112 - 225.00 - 7601 Thomas Avenue South 32=028-24-44-0020: 335.00 - 7414 10th Avenue South 35-028-24-31-0099 187.00 280.00 6844 1.4th Avenue South 26-028-24-43-0056 ,125.00 - . 7620 1st Avenue South.:. 34-028-24-43-0057 157.00 - 7141 Portland Avenue South, • 35-028-24-22-0077 1'72.00 21.3.00 2601 66th Street West 29-Q2$-24-41-0049 125.00 - 7525 Nicollet Avenue South 34-028-24-42-0076 125.00 - 71`29 Penn Avenue South 33-028-24-22-0123 344.00 - 7336 Colfax Avenue.-South 33-028-24-14-0063 137.00 - 145 66th Street .East - 27-028-24-42-0115 334.00 - 6244 Oliver Avenue South 28=028-24-22-0005. 125.00 - 6920 Cedar Avenue South 26-028-24-44-0068 1.57.00 92:00 6428 Washburn Avenue South 29=028-24-13-0017: 131.00 ` - 6801 3rd Avenue South 27-028-24-44-0083 131.00 ~ - 6829 Lyndale Avenue South 27-028-24-33-0120 400.00. 85.00 6324 16th Avenue South 26-028-24-11-0018 142.00 - 6820 16th Avenue. South. 26-028-24-44-0052 125.00 7044 Elliot Avenue-South 35-028-24-21-0045 262:00 - 6321 Logan Avenue South 28-028-24-21-0115 192:OQ 359.00 :6321 15th Avenue South 26-028-24-12-0115 369.00 - 6640 5th Avenue South ? 27-028.-24-41-0032 177.00 - 6318Oliver Avenue` South 28-028-24-22=0121 779.00. 7533 1.6th Avenue South 35-028-24-41-0040 163.00: ' 129.00 7409 Oakland Avenue South 35-028=24-32-0.122 - - 284.00 6935 12th Avenue South 26-028_-24-43-0095 - 138.00 7427 Pillsbury-Avenue South 34-028-24-31-0044 - 369.92 7120 Elliot Avenue South 35-:028-24=21-0066 - 60.00 6900 Logan Avenue South 28-028-24-33-0105 - 96.00 6825 11th Avenue South - 26-.028-24-34-0010 - 297.00 6613 Clinton Avenue South 27-028-24-41-0064 - 107.00 Q-~. -, 6231 Bloomington Avenue S: : 26-028-24-11-0009 ` - 107.00 -. _ , 6915 13th Avenue South 26-028-24-43-0064. - -160.00 1806 66th Street West 28-028-24-24-0087 - 238.00 7439 Clinton Avenue South 34-028=24-41-0061 - 85.00 6315 15th Avenue South - : 26-028-24-12-0116 - 185.00 Total $6,924.00... $4,186.92 ::.NOW,. THEREFORE, BE IT RESOLVED by he City Council of the City of Richfield, Minnesota: 1. Such proposed assessment roll; in the- amount of $11,1.10.92, is hereby accepted and:.. .shall constitute the special-assessment against the lands named herein, and each .tract of land therein included is'hereby found to be benefited by the proposed current services in the amount of the assessment levied..-against it. 2.' Such assessment shall be payable in no more than one annual installment and shall -bear interest at the rate of six (%6) percent from the date ofiadoption of this .assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay he whole assessment on such property to the City's Assessing- Division, and they may at any time thereafter, payao the City'S Assessing-:Division the`entite amount of the assessment remaining unpaid, :with interest accrued to December 31 of the year in which: such. payment is made. Such, payment must be made before November 15 or interest will be charged through'December 31 of • the next succeeding year. 4. The'City Clerk shall forthwith transmit a certified duplicate of#his assessmenf roll to the County Auditor to be extended on the property tax lists ofi the County and such assessments shall be collected and paid over in the same, manner as other municipal taxes. Adopted by the City Council of the City of Richfield this: 9th" day of October, _2007. _ Debbie Goettel; Mayor.. ATTEST: ~ - Nancy Gibbs, City_Clerk __ __ REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER • _ ' ITEM FOR COUNCIL CONSIDERATION: Second reading of art. ordinance amendment to Chapter 1202_-chat would increase the number of-wine licenses within the City of Richfield .from seven to twelve. Y pp ordinance change in Section 1202.05 Subd, 3 (b) hat would increase the number of wine licenses available in the City of Richfield from seven to twelve. IL BACKGROUND The City of Richfield currently issues licenses for the following. categories of alcohol; • :intoxicating Liquor • Wine • On-Sale 3.2 Percent Malt Liquor Off-Sale 3:2 Percent-malt Liquor - 1009. Second Reading Amendment to Increase Number of-Wine Licenses L RECOMMENDED ACTION: Conduct the second reading and b moton• A ~ rove the attached ' Intoxicating Liguoir City ordinance currently states that there can be a total of 15 intoxicating liquor licenses` issued to establishments. Currently, 7 of the 15.licenses are spoken. for. There are also two -club licenses for the VFW and the American Legion but "because those establishments are not open to the public, they are not considered to be on- sale intoxicating liquor licenses. They may sell on-sale intoxicating liquor but do so under a "club" license. State Statute allows fora .city of our class o issue up to 18 on-sale intoxicating licenses. Wine City ordinance states that there can be a total of seven. wine Licenses issued to establishments. Currently, six of the seven;wine;licenses are spoken for. Application for the seventh license has been submitted and approval is currently pending: State statute does not address the number of wine licenses a community may have. On-Sale/Off.-Sale 3.2 Percent Malt Liquor City ordinance states that here can be a total of 15 on-sale 3.2 percent malt iquor licenses .:issued to establishments. ,Currently, 11 _of the 15 on-sale 3.2 percent malt liquor licenses are spoken for. The 12th license has been applied for and currently awaiting approval. State statute does,not address the number of on-sale 3.2 percent malt liquor licenses a community may have. Off-Sale 3.2 percent malt; liquor licenses are not restricted by number. Currently there are a total of 11 establishments hat sell off-sale 3.2 percent malt liquor: Public Safety staff has had several discussions-with staff in the Community Development Department regarding future redeye opment projects`in the City and how those projects will impact alcohol licensing needs in the future. In most cases, it appears the requests will be`for full on-sate intoxicating liquor licenses; .however, wine may also be requested. At the September 11, 2007 City Council meeting;, Council members approved-the first reading of this ordinance amendment and,recommendedthat staff proceed with increasing the number of licenses from 7 to`12: III.. BASIS OF RECOMMENDATION ~: A. POLICY • At a June 7, 1'999, City Council-study session, it was the consensus of the City Council that staff would be asked'to provide further information regarding zoning, density, and location regulations ,related to liquor licenses and options.regarding future availability of-the number of liquor licenses in the City. The City's Planning Commissions reviewed these issues. • In a September 17, 1999, a urnmary of the Planning Commission's review of'the issues`was presented. The Planning-:Commission offered the following feedback: • The Zoning ordinance considers restaurants serving alcohol as. conditional :uses and limits their location to collector and arterial streets. Restaurants serving" alcohol cannot be located in the C-1 (neighborhood commercial) district. • The existing licensing requirements. provide many regulations to monitor . and control the service of alcoholic beverages. • Some other cities have additional location requirements for restaurants thafi serve alcohol; e.g., they need to be located a certain distance from residential, schools, and churches. The Planning Commission believes that there is no clear evidence that these distance requirements are necessary or would alleviate any alcohol-related ..problems in Richfield. • The Planning Commission considered some additional restrictions but decided: that `rather han to try to develop generic regulations to fit every .situation, it is better to review each case individually and apply appropriate conditions to each; situation when warranted. • It would be appropriate to increase the number of liquor licenses to accommodate the potential demand for licenses in redevelopment areas. -Not having Licenses available could negatively-impact the success of redevelopment projects. -` Based. on its review, the Planning Commission did .not: recommend .any changes to the existing ordinance relating to restaurants that servealcohol: ` B. :CRITICAL ISS.ITES • Increasing the number of-.wine licenses from 7 to 12 would. cesulf in licenses being available prior to the: completion of development projects . which would mean hat poten#ial tenants would know licenses are available to apply for at the beginning of their negotiations with developers. • Increasing the number of wine licenses would-also mean that staff would not have to return to Council several times #o make a request for an increase in licenses and would seem to. be amore-efficient and proactive way of meeting futuredevelopment needs and issues. C. FnvaNClaL N/A D. _ LEGAL, N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to do nothing at this time which would mean that requests, for wine licenses would'be reviewed as they occur.on a-case by case basis. It :would also mean #hat the total-: number of wine Licenses might need to be increased several times based on the number of requests made for a license. • The :Council could decide not to increase the total number of wine licenses beyond the current number: This would mean that-new development 'projects in the City would nat be-: able to obtain wine licenses for the, it establishments. V. ` ATTACHMENTS • City ordinance code 1202.03. • VI. PRINCIPAL PARTIES EXPECTED AT MEETING • 'None. • VL l VJSL~ K 7~ GVV / STEM. FOR COUNCIL CONSDER.ATION: Consideration of a request for ite plan approval to allow the construction of a 3,500-square foot buildin addition and a chan a in the arkin ratio at 7745.. L ndale Avenue. II.' BACKGROUND - The LaSalle :Group of Bloomington, Minnesota, owner of the property located at 7745 Lyndale Avenue, has .requested site plan-approval to allow the construction of a 3,500-square foot hotel addition. The proposed addition will house a kitchen and eating area on the first floor of the: hotel This addition is necessary in order to secure new tenant,: Sheraton Four Points -(the agreement with the Hampton Inn expires this fall). "The proposal, wilt result in a loss of nine- parking spaces. The proposed hotel addition will move the property closer to conformance with the goals and policies of the Comprehensive -Plan and Zoning Ordinance regulations `#hat were adopted for the I-494 Corridor. These items include the addition of ground floorwindows,'added architectural interest through offset jogs in the building .100907 - 7745 Lyndale Ave Site Approval I. .RECOMMENDED- ACTION: By Motion: Approve a resolution granting a site plan to allow the construction of a 3,500-square foot building addition -and a change in ahe arkin ratio at 7745:. L ndale Avenue. facade, and the encouragement "of bicycle commuting by tall through the provision of bicycle facilities. As the construction of a new Lyndale Avenue bridge and the,expansion of I-494 approach, it is expected that there will be additional changes to-this property. The frontage road, for example, may be vacated with: land ownership reverting to the.. adjacent property owners. Staff believes that there may be further opportunity to implement he goals and policies of the Comprehensive Plan and Zoning Ordinance in the future; specifically in relation to`the;desired landscape buffer along'I-494 and the beginning ofthe-"green spine'" intended to connect the district: III. BASIS OF RECOMMENDATION A. POLICY • Site plan approval is required for building expansions in the Mixed- Use Regional District: ` The existing propertydoes,notrneet the current bulk and dimensional standards of the mixed-use districts. • Existing uses that do not meet dimensional or bulk standards may be expanded if the following.criteria are met: a) The expansion will not increase the degree of non-conformity; b) The changes will result in the building and property being in • greater conformance. with the goals and policies of the Comprehensive Plan;. and c) The changes will not significantly impede implementation of goals and policies of the`ComprehensiveFlan. ` • All criteria are met. • 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 redevelopmenf plans established for the area; b) Consistency with the requirements of the Zoning Ordinance; and c) Creation of a design for structures and- site features which promote - thefollowing: 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 poihts, genera) 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. B. CRITICAL ISSUES • ~~ •' The proposed plan provides the City. its first opportunity to begin... implementing the goals of the.l-494"Corridor Plan. • Parking:. o Current standards require one parking space per guest -room. o There are currently 146 guest roomsand 143 parking spaces. o This ratio was approved in 1986 and has been in place since that time. o The property owners have stated that parking: on the site has been more than adequate for their needs.. The hotel currently has an agreement with Kensington Park to _ provide 20 parking stalls for'daytme use when hotel parking usage is especially low: Parking remains plentiful on the site. o The proposed addition will eliminate nine parking spaces. The parking ratio would be reduced from 0.98 spaces per room to 0.92 spaces per room. o - The hotel,is located on a major bus line and bicycle facilities will be added to encourage employees to consider alternate modes of ransportation. °~ o Staff: and the applicant- do -not believe that the. proposed parking reduction will resulf in any parking shortages. o The small. reduction in_parking. will not create a parking:: shortage on site, nor will it-push parking .into -any adjacent areas.- If the lot were to be completely:filled:, - some `on-street parking is available south'of the-site on the I-494 frontage road. o .There .may be an opportunity for increased parking when the-Interstate is widened. The developer has indicated thaf MnDOT may-vacate a portion of the right-of--way easement to_the south, allowing the hotel to utilize hat area. If and when this occurs, staff will.work-with the property owner to develop a plan,that meets the needs of he hotel and the goals of the I-494 Corridor plans. o Staff has observed the parking lot at various times of day- and days of the week to ascertain whether or not parking shortages are likely. Staff has at no time observed there to be a shortage of available parking. o According to the.owners, the airport provides a substantial customer base.. These customers shuttle between the airport and fhe hotel and do not use automobiles. Also, some customers arrive and. depart using. tour buses. • All architectural :and landscape .details must be approved by the Community Development Director prior to the:issuance of permits. • Signs require: separate permits and will be reviewed by all appropriate • departments. C. FINANCIAL • The- required site; plan.. approval processing fee has been paid. D. LEGAL 60=DAY RULE: 60 day clock `started' when complete application was- ;:received on September13; 2007. A decision must be given to the applicant by November 12,.2007, OR the;Councit must notify the applicant that it is extending the deadline (up. to a maximum of 60 additional days or 120-days total) for issuing adecision. IV. ALTERNATIVE RECOMMENDATION~S~ • Approve the proposed ite plan with additional stipulations. • Deny the proposed site plan. V. ATTACHMENTS Resolution _ ` . • Proposed plans : VI. PRINCII'AL PARTIES EXPECTED AT 1VIEETING • Steve Moore, LaSalle Group, Ltd. :I 1-1 RESOLUTION NO. .RESOLUTION GRANTING APPROVAL OF A SITE PLAN FOR 7745 LYNDALE AVENUE , WHEREAS, an application has been filed with the. City of Richfield which requests approval of situ planfor-the parcel ofnand located at 7745 Lyndale Avenue South,-.legally described as: LOT 1, BLOCK 1, AND OUTLOT A, HAMPTON RICHFIELD, HENNEPIN COUNTY,_ MLNNESOTA WHEREAS, the requested site.-plan has been reviewed bystaff and meets City - requirements; and WHEREAS, the proposed site plan is consistent-with the elements.and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; and :WHEREAS, the proposed site'plan promotes. an .internal sense of order among buildings and uses, provides adequatevehcular and pedestrian circulation, promotes energy conservation, and .minimizes the any: adverse environmentaF effects, and WHEREAS, the City has fully considered the request for approval for the site plan; and NOW, THEREFORE, BE IT RESOLVED, by the City-Council of the .City of. Richfield, Minnesota; as follows: 1. That a situ plan providing .134 parkingspaces and as detailed. in City Council Staff Report No. is„hereby approved-with the following additional stipulations: a) That all parking spaces remain accessible year round, b) That finalarchitectural detail and landscaping`,plans-be approved by the Community Development Director prior to: the issuance' of any permits.. c) That all landscaping and site improvements be maintained and if necessary. ::replaced in conformance with approved plans. Adopted by the City Council of the City of Richfield, Minnesota this-9th day of Oc#ober 2007. Debbie Goettel; Mayor ATTEST:.. ,Nancy Gibbs, City Clerk 100907 - 7745 Lyndale Ave Site.Approval • ~r~ • • _ ~ a ~ ~ V3 ~ ~ ~~ Z ~~ a ~' ~e o ~~3:2 ~~ g8g: 8pp e L ~ 0 ~~~~~ } -~~~: ~~~~Y z u W Z== : J 6 ~ ~tJ22 ~ T ._. a ~~icdt4~ tiaaa ~~~~ 0 ~ ~~~~Q¢s ~1a.3~zrc ~'~~~ V O 5~~6Q~NSW ~~Y >g~ O 5 3AY 1341tl'/M a S3AY OiAltlt"J U ~ s s+r 3'NONA1 O ~ W s'>wv ~aamr ~ ~- ~ ~. a y n S _ ®~ at ~ Ott . 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EE ~ d ~ Q 1~ ~' ~o ~ ~"'°Y 4r 5Q5a ~ n J ~~ .o ~p ~ $ i' xs~ ~ ~ ap~ ~R ~ S~ ~ o N< ~ ~ Q • • • N O _ S g ;~ m - o _ - - ~ c ti F£it}iiitii4' . ~. li.ie i}.i i.ai iyY/./.. ...... ~ } .~ /'., } ~~ ~- + ~. h / ,. :! /' 3~. .i ~~ ~i / t' it / / ~ i~ ' / i. .. ' t' .. - ~f IF ~ _ '~} £~ - ~. ` 3' i~ ~s 7' ~~ £, 4' ~ .1~ ~ t '£ '' 4 Y4 f ~` ~. i a~. ,, ~; mss;. /~tues4:~. - ,,,/ ~ 4££es~t u ~' ~ } 'f / 7. + 1} } f} :, ~, ~ is i /~ \ 3 _ ~ __ / 1 _ / 4i 43fiiiJlitl jfi .L "~.~.,.._ / ,~ ~ I i 411iitii Sfi„,_I^f.' }~} if YS £}r lam: y~'~ }i }tillfttl l,S~~ / P ££E e ~ ....tip:. .:....... ~.. ... .. ... ifF tSF ... k .. j ~ 41(15! Y ., f '~.. . Itiw .. :p .. ...... .... ..... .... .. .. .. ~. 2 ~ }r //i ~~ ~\ ~ ~ ~ ~' ~ ~ ~ }f / ~\ I3 ~ ~~I ~`~, 1 ~~, F ,. ~ - ... `` ` \ _ ~ it S ZI // / / C f4iff£~~ , / .,...lit#f£ Y '::: ;. .,. g~y~L 'rS t ~.•~(E }lii Olt i~ w. ~~/ 1f ~ tlfYk~ / Y43 i~£ISS3lf 3F}i r "~}P. iii $~ } ~ _ v _ ~s i i II. BACKGROUND The Advisory..Board of Health,. Human.Rights.Commission, Friendship Gity Commission, Arts Commission-Nand Celebrations Commission have. youth term vacancies. Advertisements were placed in the Richfield Sun, on the Cable TV Community Bulletin Board, message boards outside City Hall and the Water Plant, and the City's Website. `Notices were also sent to Richfield High School and the Academy ofi Holy Angels: Terms.-are effective upon appointment through August;31, 2008. Applicants were. interviewed at a Special '-City Council-:meeting on October 9; 2007. - III. .BASIS OF RECOMMENDATION _ . A. POLICY • The City advisory commissions were established by-City ordinance:or resolution. 1009commission ITEM FOR:COUNCIL CONSIDERATION: Consideration of appointments #o fill'youth Perms on City advisory commissions. L RECOMMENDED ACTION: By Motion: Approve the appointments to fill the youth. terms oin the `Cit 's adviso , commissions.. ~~! ~ o ~ 0 ~ 0 ao _o ao o ~ o o 0 ~ 0 ~ 0 0 0 0 0 0 o, o 0 0 N N N N N CV N N N ,, M " : M ~- M ~ M` r M ~ M sM M M cn Q Q Q Q 'Q Q Q Q Q H Z - W _~ H Z _ O a. , , a O ~,, ~ m •v v, a~ - ~ _ ~ ~ ~ > ca N > I I N 2 ` : Z ~ Z Q ~ N ~ Z ~ N` ~ N N u: O ~ ~ ~ O y ~ O ~' ~; < ~ ~ ~ V t ~ ~ ~ .c V t ~ Q ~ ~ ~ ~ ~ ~ N ~ ~ Q~Q O v m ° Z v i _ N W z Q; F- J _ W _ ~ LL Q Q U _