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11-13-07 AgendaCITY OF RICHFIELD, MINNESOTA TUESDAY, NOVEMBER 13, 2007 SPECIAL CITY COUNCIL WORKSESSION COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 5:30 - 6:50 p.m. 1. Presentation of community survey results (Council .Memo No. 208) 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) 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: Pledge of Allegiance Approval of minutes of (1) Special City Council Worksession of October 23, 2007; (2) Regular City Council Meeting of October 23, 2007; (3) Special City Council Worksession of October 23, 2007; and (4) Special City Council Worksession of November 1, 2007 PRESENTATIONS 1. Annual meeting with Arts Commission 2. Annual meeting with Community Services Commission COUNCIL DISCUSSION 3. Council discussion • Hats Off To Hometown Hits Notes: - AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. 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 items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of first reading of proposed new ordinance Section 549 related to signage regulations in residential, .commercial, industrial and mixed-u'se districts and amendment to Section 400 related to sign installer licensing and scheduling public hearing and second reading for December 11, 2007 S.R. No. 277 B. Consideration of approval of first reading of proposed ordinance amendment to Richfield City Code Section 925 establishing fee for repeat calls to property for nuisance conduct and scheduling second reading for November 27, 2007 S.R. No. 278 C. Consideration of approval of resolution endorsing U.S. Mayors Climate Protection Agreement S.R. No. 279 D. Consideration of approval of resolution accepting $12,291 grant from US Department of Homeland Security, Assistance to Firefighters Grant, to provide fire apparatus operator and defensive driving classes for Fire Department S.R. No. 280 E. Consideration of approval of resolution amending Flexible Spending Account Benefit Plan document S.R. No. 281 F. Consideration of approval of resolution. designating City's contribution toward health, term life and dental insurance premiums for General Services and Management employees S.R. No. 282 G. Consideration of approval of resolution granting appeal from decision of Hearing Examiner, reversing Hearing Examiner's decision, and granting variance for reduced side yard setback at 7238 Blaisdell Avenue S.R. No. 283 H. Consideration of approval of resolution authorizing conditional use permit to allow Class II restaurant at 811 66th Street East S.R. No. 284 I. Consideration of approval of resolution authorizing acceptance of grant funds from State of Minnesota, Commissioner of Public Safety, State Patrol Division, for payment of overtime for officers involved in Operation NightCAP traffic enforcement S.R. No. 285 J. Consideration of approval of resolution accepting Agency Agreement No. 91829 between Minnesota Department of Transportation and City of Richfield to purchase right-of-way for Lyndale Avenue bridge over I-494 project S.R. No. 286 K. Consideration of approval of right-of-way agreement between cities of Bloomington and Richfield to acquire right-of-way needed for replacement of Lyndale Avenue bridge over I-494 S.R. No. 287 L. Consideration of approval of proposed Surface Water Comprehensive Plan S.R. No. 288 M. Consideration of approval of maintenance agreement between The Gramercy Club at City Bella d/b/a City- Bella on Lyndale and Kirchbak Gardens, Inc. and City Bella Commercial S.R. No. 289 N. Consideration of approval of scheduling public hearing on December 11, 2007 for renewal of pawnbroker and secondhand goods dealer licenses for 2008 for Metro Pawn and -Gun, Inc. and University Cash Company, LLC, d/b/a Avi's Pawn and Jewelry S.R. No. 290 O. Consideration of approval of scheduling public hearing on December 11, 2007 for renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2008 for Red Pepper Chinese Restaurant, Thompson's Fireside Pizza, Aribel's Restaurant; Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Naviya's Thai Restaurant, Patrick's Bakery & Cafe and The Noodle Shop-Colorado Inc. d/b/a Noodles and Company S.R. No. 291 P. Consideration of approval of scheduling public hearing for December 11, 2007 for .renewal of on-sale intoxicating and Sunday liquor licenses for 2008 for Khan's Mongolian Barbeque; Minneapolis-Richfield American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pablo's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; Taco Morelos; and Jun Bo Chinese Restaurant S.R. No. 292 - Q. Consideration of approval of renewing Chiefs Towing, Inc., 8610 Harriet Avenue, contract for Public-Safety towing services, with 3.3% price increase in all service categories, for December 1, 2007 through November 30, 2008 S.R. No. 293 R. Consideration of approval of awarding contract for demolition of properties located at 6613, 6617; 6621 and 6625 Portland Avenue, based on bid tabulation, to Shade Tree Construction in amount of $31,050, including identifying awarding contract to alternate bidding #1 to Wickenhauser Excavating, Inc. in amount of $$43,200, should Shade Tree Construction not be able to perform S.R. No. 294 S. Consideration of approval of awarding contract for demolition of buildings and abatement of hazardous substances and materials of property located at 6545 Portland Avenue, based on bid tabulation, to Griffin Petroleum in amount of $31,880, including identifying awarding contract to alternate bidder #1 to Bolander & Sons in amount of $34,491.50, should Griffin Petroleum not be able to perform S.R. No. 295 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: PUBLIC HEARINGS 7. Public hearing regarding issuance of new on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for remainder of 2007 and continuing through 2008, for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street Staff Report No. 296 Notes: 8. Public hearing regarding resolution adopting modifications of City Bella, Interstate- Lyndale-Nicollet, Interchange, Gramercy, Urban Village, Interchange West/Lyndale Gateway, Richfield Rediscovered, Richfield Rediscovered II, and Lyndale Gateway West tax increment financing districts Staff Report No. 297 Notes: 9. Public hearing and second reading of ordinance adopting new Sections 507, 509, 512, 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, 516, 521,.524, 526, 530, 531, 536, 538, 541 and 546; amending Subsection 1305.27 related to parking in residential districts; and resolution authorizing summary publication of above mentioned ordinances Staff Report No. 298 Notes: PROPOSED ORDINANCE 10. Consideration of second reading of amendment to Chapter IX of Richfield City Code, adding new Section 935, regarding sale of spray paint and similar items and resolution authorizing summary publication of ordinance Staff Report No. 299 Notes: OTHER BUSINESS 11. Consideration of City Council confirmation of Mayor's appointment of Housing and Redevelopment Authority Commissioner for five year term expiring October 2012 Staff Report No. 300 Notes: CITY MANAGER'S REPORT 12. City Manager's report • Annual City Council/City staff goalsetting Notes: 13. 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: 14. Adjournment 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. AGENDA SECTION: AGENDA ITEM # REPORT # r STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 Consent 5A 277 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: First reading regarding ordinances related to signage regulations throughout the City. I. RECOMMENDED ACTION: By Motion: Conduct a first reading of the attached new ordinance Section 549 related to signage regulations in residential, commercial, industrial and mixed-use districts, and the attached amendment to Section 400 related to sign installer licensin II. BACKGROUND On January 23, 2007 the City Council approved cone-year moratorium on the installation of electronic, digital, video display signs or billboards and flashing, motion, animated and changeable copy signs in all zoning districts. This moratorium was put in place to allow staff time to study new emerging electronic technology and determine appropriate regulations. In addition to the study of electronic signs, staff has worked with the City Attorney's office to update all regulations related to signage. Many of the existing regulations are content-based and therefore vulnerable to legal challenges under the U.S. Constitution. Content-based regulation means that a person must read the 111307 -Sign Ord 1st Reading message on the sign to know which type of regulation would apply (i.e. "real estate signs," "home occupation signs," "grand opening signs," etc.). It is not the purpose or the place of a City to regulate the message displayed on any sign. The purpose of the proposed sign criteria is to regulate the number, location, size, type, illumination and other physical characteristics of signs in order to promote public health., safety and welfare. Additionally, the purpose is to maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community, while still providing for effective . communication. The proposed regulations have been compiled from a number of sources including the City's current sign code, the cities of Hopkins, Bloomington, Edina, St. Louis Park and Minnetonka and under the guidance of the City Attorney's office. Staff met with members of the City's Chamber of Commerce and understand that the Chamber supports most of the proposed changes. The Chamber has suggested and the Planning Commission has recommended that the proposed changes be reviewed again in one year to assess their impact. Staff is in support of this suggestion. The following is a summary of the proposed revisions. Additionally, organizational changes have been made for ease of use (including moving the sign regulations to the zoning chapter of the City Code). Any legally existing signs that do not meet the proposed regulations would be allowed to continue subject to rules regulating legal nonconforming uses. General Regulations • Setback requirement added: 5-ft. • Font size requirements added: size dependent on speed of travel on adjacent road. Regulations specific to the 77th Street Corridor have been removed to simplify code and make the same rules applicable across entire City. Added relocation option for legally non-conforming signs. Council may approve relocation if it will lessen the adverse impacts upon traffic and aesthetics. Single- and Two-Family Residential (R, R-1, MR-1) Current: • Home occupation signs (home business) or identification signs - Maximum area: 2-sq. ft. • Area identification signs (identifying a distinct neighborhood) -Maximum area: 24-sq. ft. Maximum height: 6-ft. Proposed: • Freestanding (includes pylon and monument) signs (for all messages) - Maximum area: 6-sq. ft. Maximum height: 6-ft. Maximum total area of all freestanding signs -12-sq. ft. Wall signs - Maximum area: 2-sq. ft. Multi-Family Residential (MR-2, MR-3) Current: • Identification signs (identify tenant(s) or owner) - Allowed on wall only Maximum area: 12-sq. ft. • Home occupation signs - Maximum. area: 2-sq. ft. • On-site directional signs - Maximum area: 3-sq. ft. Maximum height: 4-ft. • Area identification signs - Maximum area: 24-sq. ft. Maximum height: 4-ft. Proposed: • Freestanding signs (currently only area identification signs are allowed to be freestanding signs) - Maximum area: 24-sq. ft. Maximum height: 8-ft. Maximum total area of all freestanding signs: 36-sq. ft. • Wall signs - Maximum area: 10 percent of wall area Service Office. Neiahborhood Commercial (SO. C-1. MU-N Current: • Identification signs - Allowed on wall only Maximum area: 6-sq. ft. • On-site directional signs - Maximum area: 3-sq. ft. Maximum height: 4-ft. • Ground signs (includes monument & pylon signs) - One sign allowed Maximum area: 50-sq. ft. Maximum. height: 27-ft. Minimum vertical clearance requirements make a variance necessary for monument signs in front of the building. • Wall signs - Maximum area: 15 percent of wall area • Window signs - Maximum area: 30 percent of window area • Projecting signs - Maximum area: 6-sq. ft. Proposed: • Freestanding signs - Maximum area: 60-sq. ft. Maximum height: 15-ft. Maximum total area of all freestanding signs: 2-sq. ft. per foot of lot frontage (The minimum lot width in SO and C-1 Districts is 60-ft. There is no minimum lot width requirement in the MU-N District.) • Wall signs (refers to any sign attached to the wall, incl. projecting signs) - Maximum area: 15 percent of wall area • Window signs - Maximum area: 30 percent of window area General Commercial & Mixed-Use Community (C-2, MU-C Current: • Identification signs - Allowed on wall only Maximum area: 6-sq. ft. • On-site directional signs - Maximum area: 3-sq. ft. Maximum height: 4-ft. Ground signs - Maximum total area of all ground signs: 200-sq. ft. Maximum height: 27-ft. Minimum vertical clearance requirements make a variance necessary for monument signs in front of the building • Wall signs - Maximum area: 15 percent of wall area • Window signs - Maximum area: 30 percent of window area • Projecting signs - Maximum area: 6-sq. ft. Proposed: • Freestanding signs - Maximum area: 200-sq. ft. Maximum height: 27-ft. Maximum total area of all freestanding signs: 4-sq. ft. per foot of lot frontage (The minimum lot width in the C-2 District is 75-ft. There is no minimum lot width in the MU-C District.) • Wall signs - Maximum area: 15 percent of wall area • Window signs - Maximum area: 30 percent of window area Mixed-Use Regional & Industrial (MU-R, I) Current: • Same regulations are as currently in place for the C-2 & MU-N Districts, and are listed above. Proposed: • Freestanding signs - Maximum area: 250-sq. ft. Maximum height: 27-ft. Maximum total area of freestanding signs: 4-sq. ft. per foot of lot frontage (The minimum lot width in the I District is 75-ft. There is no minimum lot width in the MU-R District.) • Wall signs - Maximum area: 15 percent of wall area. Window signs - Maximum area: 30 percent of window area Institutional and Recreational Signs Current: • Ground signs - Maximum area: 50-sq. ft. Maximum height: 25-ft. • Wall signs - Maximum area of all wall signs: 24-sq. ft. • Scoreboards/scoreboard panels (advertising panels) - Maximum area: 100-sq. ft. Maximum .height: 18-ft. Advertising panels allowed on electronic scoreboards at outdoor arenas. Advertising panels allowed only from May 1 through September 1. Advertising panel width not to exceed 2-ft. must frame scoreboard. Proposed: • Regulations will apply to non-residential uses in residential districts. • Freestanding signs - Maximum area: 50-sq. ft. Maximum height: 25-ft. Maximum total area of freestanding signs: 100-sq. ft. Wall signs - Maximum area: 15 percent of wall area Scoreboards - Allowed in public parks and public or private schools as follows: Maximum area:. 100-sq. ft. Maximum height: 18-ft. Maximum advertising area: 25 percent. of scoreboard area One scoreboard per field Advertising may not be illuminated Prohibited Signs Current: • The following currently prohibited signs will remain prohibited: Roof signs Signs that interfere with visibility, safety, etc. Signs located on or over public property (except traffic signs, etc.) Temporary ground signs /portable signs (incl. sandwich board signs) Searchlights Abandoned signs • Flashing, traveling or changing message signs are currently prohibited with the exception of signs providing time, date, temperature, weather and public event information. Proposed: • The following signs will now also be prohibited: Outdoor advertising signs (billboards & other off-premise signs) Stringers Balloon signs (balloons over 24-inches in diameter) • Flashing, traveling or changing message signs are proposed to be allowed in certain districts regardless of the message displayed. The regulations for these "dynamic displays" are discussed in greater detail below. Dynamic Displays • The term "dynamic display" is intended to cover any characteristic of a sign with movement or that appears to have movement or appears to change. The intent is to describe the technology in broad enough terms so as to include future technologies. • There is merit to allowing dynamic displays that allow owners to easily update messages. Sign owners should be allowed to take advantage of new technologies, but with controls to minimize their potential threats to public safety. • The proposed regulations are taken almost entirely from the City of Minnetonka. Minnetonka recently commissioned a study by SRF Consultirig and Gerald Wachtel, a national expert on changeable message signs, regarding electronic signs. • The proposed regulations are based on this comprehensive evaluation of available studies. The consultants came to the following conclusions: • There is a correlation between dynamic displays on signs and the distraction of highway drivers. • An eye movement study showed that dynamic displays may distract drivers by as much as two seconds. The Federal Highway Administration has determined that being distracted for two seconds or more can result in traffic accidents. • Drivers can be distracted by just knowing that a sign has a changing message and may watch a sign waiting for the next change. • Drivers are distracted by messages that do not tell the full story in one look. (i.e. scrolling messages). • Drivers are more distracted by special effects used to change the message. • Drivers are more distracted by messages that are too small to be clearly seen. The proposed regulations are in response to the above conclusions. • Dynamic displays are allowed only on monument and pylon signs for non-residential uses in residential districts. • The dynamic display portion of any sign is limited to 35 percent of the total sign area. • Displays may change once every five minutes (exceptions: time, date or temperature messages may update not more than once every three seconds). • As spacing requirements could interfere with the equal opportunity to use such technology, they have not been included in the proposed regulations. • Without spacing requirements and with the- cost of such technology continuing to decrease, there is potential for numerous displays to exist along any roadway. • If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. • If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. • The City of Minnetonka allows signs to change only once every 20 minutes. • A limit of five minutes is proposed by the Ordinance. • This allows for 288 messages per day. • Images must be static and changes instantaneous without special effects. • Messages must be complete and not continue to the next display. • Signs must be equipped with a mechanism that will freeze the display in one position if a malfunction occurs. • Brightness standards to prevent vision impairment of drivers have been included. • Existing displays must comply with the operational standards of the ordinance if adopted. • "Enhanced" dynamic displays may be allowed on existing outdoor advertising signs (billboards) if additional billboards are removed. City Code Section 400.19 Information currently within the sign code regarding requirements for licensing are proposed to be kept within the Building Code section. III. BASIS OF RECOMMENDATION A. POLICY • The rules and regulations of a City's zoning ordinance are meant to protect and promote the public health, safety, comfort, aesthetics, economic viability and general welfare. • A zoning code must do this without infringing upon constitutional guarantees, and many of the proposed revisions are necessary to ensure that the City is doing so. • While uncontrolled and unlimited signs can adversely impact the image and aesthetic attractiveness of the community, signs provide and important medium through which individuals may convey a variety of messages and they help citizens to find their way to intended destinations. The proposed regulations are intended to improve the visual appearance of the City while providing for effective means of communication. B. CRITICAL ISSUES • Exterior signs have a substantial impact on the character and quality of the environment. • The proposed revisions provide clear, easy-to-understand regulations. • It is difficult to assess the full impact of any ordinance changes until they are in effect. A one-year review is proposed. • Code changes are often presented in a format in which deletions are struck-through and additions underlined. The extensive 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 section and adopt the new section in its entirety. • For those interested in directly comparing the current and proposed codes; a copy of the current code is available at City Hall or online at: www.cityofrichfield.orq/cd/planning&zoninq/Zoning/zoninghandouts. ht m. • The moratorium on electronic signs expires January 23, 2008. Following this first reading, a public hearing and second reading will be scheduled for December 11, 2007. The ordinance will be effective 30 days following publication in the Sun Current. • It is important to have new regulations in place prior to the expiration of the moratorium. • State Statutes make it virtually impossible for the Council to extend the moratorium beyond this expiration date. C. FINANCIAL • N/A D. LEGAL • The City Attorney has reviewed the proposed regulations. • The Planning Commission recommended approval of the proposed ordinance (9-0) IV. ALTERNATNE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Ordinance • Exhibit A (Sign Code) • The current code is available for review at City Hall or online at: www.citvofrichfield.orq/cd/planninq&zoninq/Zoning/zoninahandouts.htm. • Dynamic display calculation examples • Zoning map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 5A- ~ BILL NO. AMENDMENT TO RICHFIELD CITY CODE ADOPTION OF NEW SECTIONS 549; REPEAL OF SECTION 416; AND AMENDMENT TO SECTION 400 OF THE CITY CODE RELATED TO SIGN INSTALLER LICENSES THE CITY OF RICHFIELD DOES ORDAIN: Section 1 The Richfield City Code is amended by adding new Section 549 as set forth in the attached Exhibit A. Sec. 2 Richfield City Code Section 416 is hereby repealed upon the effective date of this Ordinance. Sec. 3 Section 400 of the Richfield City Code is amended by adding a new subsection 400.19 as follows, and by now renumbering all following subdivisions accordingly. 400.19. Sian installer license. Subdivision 1. License required. No person cense snail oe reau Subd. 2. Application. Application for a sian installer's I r oroviaea snail accom appncauon. Subd. 3. License fee. The fee for a si n installer's license shall be in the amount provide or in pgen ix o t is code. Subd. 4. License eriod. The licenses issued under this subdivision shall be va i or an annua period running rom anuary 1 t rouq ecem er 31. Subd. 5. Bond. No permit shall be issued until the licensee has filed with a pona witn co surety in the sum pie city orainances. nse. The sian installer' icense may oe revoKea or not rep nsee ana a reasonaoie o e 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, Minnesota this _ day of , 2007. e ie oette , ayor ATTEST: ancy ebbs, ity ler 111307 -Sign Ord 1st Reading ~'~ SECTION 549 -ZONING: SIGN REGULATIONS 549.01 Findings, purpose and effect ..: ...................................................................549-1 549.03 Severability .................................................................................................549-3 549.05 Defmitions .............. ....................................................................................549-3 549.07 Permit required ........ ...................................................:..............:.................549-7 549.09 Exemptions ............. ............... ................................................................549-8 ..... 549.11 Fees ......................... ....................................................................................549-8 549.13 Variances ................. ....................................................................................549-9 549.15 Violations ................ ....................................................................................549-9 549.17 Enforcement ............. .............................:......................................................549-9 549.19 Retroactive effect .... ....................................................................................549-9 549.21 General regulations .. .............................:......................................................549-9 549.23 Permitted signs by di strict ..........................................:..............................549-11 549.25 Dynamic displays ..... .........................................................:........................549-13 549.27 Non-conforming signs ............:...................................:...........:.................549-15 549.01. Findings, uurpose and effect. Subdivision 1. Findin s. The City hereby finds as follows: a) Signs have a direct impact on and relationship to the image of the community; b) Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the community and thereby undermine economic value and growth; c) The manner of installation, location and maintenance of signs has a substantial impact on the character and quality of the environment; d) Signs provide an important medium through which individuals may convey a variety of messages; e) Signs help citizens find their way to intended destinations; ' f) The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; g) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare; h) Uncontrolled and unlimited signs, particularly portable signs which are commonly located within or adjacent to public right-of--way or are located at driveway/street intersections, result in roadside clutter and obstruction of Richfield City Code Page 549-1 Section 549.01 ~ ~ !~ views of oncoming traffic. This creates a hazard to drivers and pedestrians; and i) The City's zoning regulations have, since as early as 1944, included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a Type, size, location and character that would have an adverse impact upon the aesthetics of the community and threaten its health, safety and welfare. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. Subd. 2. Purpose and intent. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this ordinance is to: a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare; b) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community; c) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics; and d) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. Subd. 3. Effect. A sign may be erected, mounted, displayed or maintained in the City if it is in. conformance with the provisions of this ordinance. The effect of this ordinance, as more specifically set forth herein, is to: a) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this sign ordinance; b) Allow signs which are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; c) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this sign ordinance; Richfield City Code Page 549-2 Signs Section 549.01 ~~, ~/ d) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare; and e) Provide for the enforcement of the provisions of this sign ordinance 549.03. Severability. If any section, subsection, sentence, clause, or phrase of this sign ordinance is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portion of this sign ordinance. The City Council hereby declares that it would have adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid. 549.05. Definitions. Subdivision 1. The following words and phrases, when used in this Section 549 shall have the following meanings, unless the context clearly indicates otherwise. The defmitions set forth in this Section 549.05 are in addition to the definitions set forth in Section 507.07, which shall apply to this Section 549, except that in the event of a conflict between the Sections, the definition in Section 549 shall apply. Subd. 2. "Abandoned sign" -Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for. a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed .abandoned unless the properly remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs that are present because of being legally established nonconforming signs or signs that have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. Subd. 3. "Awning" - A roof-like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning that also projects over a door shall be counted as an awning. Subd. 4. "Awning sign" - A sign or graphic printed on or in some fashion attached directly to the awning material. Subd. 5. "Balloon sign" - A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than 24 inches in diameter. Subd. 6. "Banner" - A sign made of fabric or any non-rigid material with no enclosing framework. Richfield City Code Page 549-3 Signs Section 549.05 ~ /I , Subd. 7. "Canopy" - A roof-like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. Subd. 8. "Canopy sign" -Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and indifferent from service station canopy signs that are governed by Section 534.07, Subd. 11 of this code. Subd. 9. "Changeable message" - A message that is not permanently attached to the sign face but that is not a dynamic display. Subd. 10. "Commercial speech" -Speech advertising a business, profession, commodity, service or entertainment. Subd. 11. "Dynamic display" -Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Subd. 12. "Erect" -Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing or any other way of bringing into being or establishing. Subd. 13. "Freestanding sign" -Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. Subd. 14. "Grade" - T'he average elevation or level of the centerline of the closest street which the sign abuts. Subd. 15. "Height of sign" -The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. Subd. 16. "Illuminated sign" -Any sign that contains an element designed to emanate artificial light internally or externally. Subd. 17. "Legally established nonconforming sign" -Any sign and its support structure lawfully erected prior to the effective date of this ordinance which fails to conform to the requirements of this ordinance. A sign which was erected in accordance with a variance granted prior to the adoption of this section and which Richfield City Code Page 549-4 Section 549.05 ~~~~ does not comply with this section shall be deemed to be a legal nonconforming sign. A sign that was unlawfully erected shall be deemed to be an illegal sign. Subd. 18. "Marquee" -Any permanent roof-like structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Subd. 19. "Marquee sign" -Any sign painted, mounted, constructed or attached in any manner, on a marquee. Subd. 20. "Monument sign" -Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign. Subd. 21. "Non-commercial speech" -Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and information topics. Subd. 22. "On-premise messages" -Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign is . installed. Subd. 23. "Outdoor advertising sign" -Any sign that is located outdoors and that advertises a product, business, service, event, or any other matter that is not available, or does not take place, on the same premises as the sign (off-premise sign). For the purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such premises and any sign located or proposed to be located in an easement or other appurtenance shall be considered an outdoor advertising sign. Subd. 24. "Owner" - In the case of a lot, the legal owner of the lot as officially recorded by Hennepin County, and including fee owners, contract for deed purchasers and ground lessees. In the case of a sign, the owner of the sign including any lessees. Subd. 25. "Portable sign" - A sign with or without copy and graphic that is designed or intended to ~be moved or transported. By way of example and not by limitation, portable signs include: a) A- or T- frame signs; b) Sandwich board signs; c) Signs designed to be transported by trailer or on wheels; d) Signs mounted on a vehicle for advertising purposes, when the vehicle is parked and visible from public right-of--way, except signs identifying a business when the vehicle is being used in the normal day-to-day operation of that business; Richfield City Code Page 549-5 Signs Section 549.05 ~~' 7 A sign may be a portable sign even if it has, wheels removed, was designed without wheels, or is attached temporarily or permanently to the ground, a structure, or other sign. Subd. 26. "Projecting sign" -Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface or such building .or wall face. Subd. 27. "Public right-of--way" -Public right-of--way has the meaning given it by Minnesota Statutes, Section 237.162, Subdivision 3. Subd. 28. "Pylon sign" -Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. Subd. 29. "Roof sign" - A sign located above the eave or parapet wall of a building and/or located within the projected roof area. Subd. 30. "Scoreboard Panel" - Anon-illuminated sign which is affixed to an electric scoreboard at an outdoor sports arena or complex. Subd. 31. "Sign" -Any letter, word or symbol, poster picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. Subd. 32. "Sign area" -That area of a sign within a single continuous perimeter enclosing the extreme limits of the actual sign surface excluding structural elements outside the limits of such sign which do not form an integral part of the display; or in the case of wall signs, figures, symbols, canopy or awning signs, the sign area shall be the area of the smallest rectangle that encloses the sign message or logo. For multi-face signs, the area shall include the maximum number of single display surfaces visible from any ground position at one time. Subd. 33. "Sign face" -The surface of the sign upon, against, or through which the message of the sign is exhibited. Subd. 34. "Sign structure" -Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Subd. 35. "Site" - A lot or combination of contiguous lots that are intended, designated, and/or approved to function as an integrated unit. Subd. 36. "Stringer" -Aline of string, rope, cording or an equivalent to which is attached a number of pennants, balloons, propellers, banners or.similar~devices. Richfield City Code Page 549-6 Section 549.05 S~~'U Subd. 37. "Visible" -Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. Subd. 38. "Wall" -Any structure which defines the exterior boundaries or courts of a building or structure and which. has a slope of 60 degrees or greater with the horizontal plane. Subd. 39. "Wall sign" -Any sign attached parallel to, but within two (2) feet of a ::„-. wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. Subd. 40. "Window sign" - Anybuilding sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. 549.07. Permit required. Subdivision 1. No sign shall be installed, constructed, erected, altered, revised, reconstructed or relocated in the City without first obtaining a permit and license from the City. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Subd. 2. Application. Application shall be made on forms provided by the City. The form shall include the following information: a) The name, address and telephone number of the applicant; b) The name, address and telephone number of the person, firm, corporation or other organization erecting the sign; c) The name, address, telephone number and written consent of the property owner on which the sign is to be erected; d) Site plans indicating the exact location of the sign on the site including its position relative to buildings, structures, streets and property lines; e) Two copies of sign plans and specifications with the following information: i. Number of sign faces; ii. Sign colors and construction materials; iii. Sign dimensions; iv. Type, direction, location and intensity of illumination. and name of electrical contractor; v. Method of attachment to building or ground; and vi. Stress sheets and calculations showing that the structure is designed to meet the dead load and wind pressure requirements of the Building Code. laichfield City Code Page 549-7 Section 549.07 S /~ f) If the proposed sign is along interstate highway, the application shall be accompanied by proof that the applicant has obtained a permit from the State for the sign. Subd. 3. Review. The City shall approve or deny the sign permit application within the time period required by State law. If the permit is denied, the issuing authority shall prepare a written notice of denial within 15 days of its decision, describing the applicant's appeal right under Section 547.05, and send it by certified mail, return receipt requested, to the applicant. Subd. 4. Additional permits. a) Electrical signs must be installed in accordance with the current electrical code and a separate permit-from the building official must be obtained prior to placement; and b) Building permits (as required) must be obtained from the building off cial prior to placement. 549.09. Exemptions. The following signs shall not require a permit. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating the same: a) The changing of a changeable message as defined in Section 549.05 or a dynamic display message. b) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building; c) Signs six (6) square feet or less in size; d) Window signs; e) Street identification numbers /address signs; f) Bench signs complying with Section 805.19, Subd. 4 of the City Code; g) Signs on vehicles when the vehicle is being used in the normal day-to-day operation of that business as described in Section 549.05, Subd. 30; and h) Traffic signs. 549.11. Fees. The application for a sign permit shall be accompanied by the fee provided in Appendix D of the City Code. The fee required in this paragraph. is separate from and in addition to any other fees required by this code. Richfield City Code Page 549-8 Signs Section 549.13 ~~'~~ 549.13. Variances. Requests for a variance from the requirements of this section shall be processed by the Board of Adjustments and Appeals in accordance with Section 547.05. 549.15. Violations. Violation of this section is a misdemeanor. Each day that the violation continues is a separate offense. 549.17. Enforcement. Employees of the Inspections Division of the Department of - Public Safety and additional persons designated by the Director are hereby authorized to enforce the provisions of this section in the manner provided in Subsection 115.1 l of the City Code. 549.19. Retroactive effect. This sign ordinance shall apply to all sign applications applied for and/or pending prior to its .enactment. 549.21. General regulations. Subd. 1. The following regulations shall apply to all signs permitted in all districts. Subd. 2. Signs prohibited. a) Any sign located, designed or maintained in a manner which is likely to cause confusion or interfere with the visibility of traffic signs, traffic control devices, crossroads, driveways or crosswalks; b) Roof signs; c) Portable signs; d) Searchlights, beacons, strobe lights or other illuminated signs emitting a beam consisting of a collection or concentration of rays of light; e) Outdoor advertising signs; f) Stringers; g) Balloon signs; and h) Abandoned signs. Subd. 3. Required wall signs. One wall sign containing the street address of the building is required on each building or portion of a building with a separate address. The sign must be of sufficient size and located to be clearly visible from the street on which the address is assigned. These signs do not reduce permitted sign area. Subd. 4. Banners. Banners, where permitted, are subject to the following standards: a) Banners shall be attached to a structure, shall be strongly constructed, and shall be securely attached to their supports; Richfield City Code Page 549-9 Signs Section 549.21 ~~ ~~ r b) Banners shall be removed (inlcuding all framework and supports) as soon as damaged or torn; c) There shall be no more than one banner on any building frontage; and d) Due to the construction methods of banners and their tendency toward damage, no banner may be displayed for more than 28 days. Subd. 5. Setbacks. Unless specifically noted otherwise, all signs shall maintain a 5 - foot setback from all lot lines. The City may require a greater or lesser setback because of public safety reasons that may include the following conditions: vehicle sight distance, distance from, intersection, designation of adjacent right-of--way. Subd. 6. Font size. Every line of copy and graphics in a sign must be at least 7 inches in height on a road with a speed limit of 25 to 34 miles per hour, 9 inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. Subd. 7. Changeable messages. A message that is not permanently attached to the sign face but that is not a dynamic display may occupy no more than 35 percent of the actual copy and graphic area. The remainder of the sign must not have the capability to change messages even if not used. Subd. S. Illumination. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of--way or residential property. Subd. 9. Non-commercial speech. Any non-commercial message may be substituted for any commercial message on any sign allowed under this Code, subject to the same regulations applicable to such signs. Notwithstanding any provisions of this section to the contrary, all noncommercial signs of any size may be posted from August 1 in a general election year until 10 days following the -state election. Subd. 10. Maintenance. All signs shall be maintained in a safe, presentable and good state of repair at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, behind,. and underneath the base of monument signs for a distance of 10 feet shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. Richfield City Code Page 549-10 Sims Section 549 23 ~~ 7 549.23. Permitted sins by district. Subd. 1. Residential Districts. a) Within residential zoning districts, freestanding signs are permitted as follows: District Maximum sign Maximum height Total area of all area of single sign freestanding signs R, R-1, MR-1 6 square feet 6 feet 12 square feet MR-2, MR-3 24 square feet 8 feet 36 square feet Non-residential 50 square feet 25 feet 100 square feet b) Within residential zoning districts, wall signs are permitted as follows: District Maximum sign area of single sign R, R-1, MR-1 Not permitted except as required by Section 549.21, Subd. 3. MR-2, MR-3 10 percent of total wall area of the wall to which sign is attached Non-residential 15 percent of the total wall area of the wall to which sign is attached c) Within residential zoning districts, the following types of signs are prohibited: i. Dynamic displays, except for non-residential uses; and ii. Marquee signs; and iii. Any sign not expressly permitted by this subdivision is prohibited in residential districts. " d) Scoreboards for public parks and public or private schools are permitted as follows: i. One scoreboard not exceeding 18 feet in height or 100 square feet is surface area is allowed per playing field, not including fields used only for practice; and ii. Commercial or non-commercial speech shall be permitted on the scoreboard , as follows: 1. Commercial and non-commercial messages shall not comprise more than 25 percent of the area of the scoreboard; and 2. Commercial and non-commercial messages shall not be illuminated. Richfield City Code Page 549-11 Signs Section 549.23 Subd. 2. Commercial, Mixed-Use Neighborhood, Mixed-Use Community Mixed- Use Regional, and Industrial Districts. a) Within commercial, mixed-use neighborhood, mixed-use community, mixed-use regional; and industrial zoning districts, freestanding signs are permitted as follows: District Maximum sign Maximum height Total area of all area of single sign freestanding signs SO, C-1, MU-N 60 square feet per 15 feet 2 square feet per surface foot of lot frontage C-2, MU-C 200 square feet per 27 feet 4 square feet per surface foot of lot frontage I, MU-R 250 square feet per 27 feet 4 square feet per surface foot of lot frontage b) Within commercial, mixed-use neighborhood, mixed-use community, mixed-use regional, and industrial zoning districts, wall signs may no t exceed 15 percent of the total wall area of the wall to which sign is attached. c) Window signs that do not exceed 30 percent of the window area; d) Canopies, marquees, projecting signs .and fixed awnings that are an integral part of the structure to which they are attached are allowed in the Commercial, Mixed-Use and Industrial districts if they meet the following requirements: i. An awning, canopy, marquee or projecting sign may not project into the public right-of--way; ii. Awnings, canopies, marquees and projecting signs may have no part of the structure other than supports nearer the ground surface than seven feet; iii. The architectural style on the awning, canopy or marquee must be consistent with the building being served; iv. For the purposes of size limitation calculations, awning, canopy, marquee and projecting signs shall be counted as wall signs; and v. Awnings, canopies or marquees projecting into required yards may not be enclosed. e) Any sign not expressly permitted by this subdivision is prohibited in commercial, mixed-use and industrial districts. Subd. 3. Planned unit developments. Only the signs shown on the approved PUD plan shall be permitted. ~~-13 Richfield City Code Page 549-12 - SA-~~ Suns Section 549 25 549.25. Dynamic Displays. Subdivision 1. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the. next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are .too small to be clearly seen or that contain more than a simple. .message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent change. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, .sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. Local spacing requirements could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would obviously. be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate. A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last second lane changes, stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed. to occupy the entire copy and graphic area of a sign. In conclusion, the City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. Subd. 2. Regulations. Dynamic displays on signs are allowed subject to the following conditions: a) Dynamic displays are allowed only on monument and pylon signs for non- residential uses in the residential districts and for all uses in other districts. Dynamic displays may occupy no more than 35 percent of the actual copy and graphic area. The remainder of the sign must not have the capability to Richfield City Code Page 549-13 Signs Section 549.25 SA~~ ~ have dynamic displays even if not used. Only one (1) contiguous dynamic display area is allowed on a sign face. b) A dynamic display may not change or move more often than once every 5 minutes, except one for which changes are .necessary to correct hour-and- minute, date, or temperature information. Time, date or temperature information is considered one (1) dynamic display and may not be included as a component of any other dynamic display. A display of time, date, or temperature must remain for at least 5 minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every 3 seconds; c) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects; d) The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign; e) Every line of copy and graphics in a dynamic display must meet the font size requirements of Section 549.21, Subd. 5. If there is insufficient room for copy and graphics meeting these requirements in the area allowed under clause a above, then no dynamic display is allowed; f) Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the City that it is not complying with the standards of this ordinance; g) Dynamic displays must comply with the brightness standards contained in subdivision 3 below; and h) Dynamic displays existing on the effective date of this ordinance must comply with the operational standards listed above. An existing dynamic display that does not meet the structural requirements in clause a) may continue as anon-conforming structure subject to Section 509.25.. An existing, dynamic display that cannot meet the minimum size requirements of clause e) must use the largest size possible for one line of copy to fit in the available space. Subd. 3. Brightness-standards. a) All dynamic displays must meet the following brightness standards in addition to any other requirements of this code. i. No sign may be brighter than is necessary for clear and adequate visibility; Richfield City Code Page 549-14 Signs Section 549.25 ~ ~~~ ii. No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle; iii. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. b) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the City's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. The person owning or controlling the sign may appeal the City's determination through the appeal procedure set forth in Section 547.05 of this code. c) All signs installed after [the effective date of this ordinance] that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions.. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the City that it is not complying with the standards in this section. ` 549.27. Non-conforming signs. Subdivision 1. In addition to the standards established by Section 509.23, the following shall apply to non-conforming signs: Subd. 2. Relocation. Any legally non-conforming sign may be relocated, subject to compliance with the other provisions of this Code and subject to the limitations hereinafter contained, to another location provided that such alternate location is first approved by the Council. The Council may approve relocation if it finds that the relocation will lessen any adverse impact of the sign upon traffic safety and aesthetics. If a conforming location is available, the Council shall not approve relocation to anon-conforming lcoation. Subd. 3. Incentives re~ardin~ outdoor advertising disnlavs. Outdoor advertising signs do not need to serve the same way-finding function as do on-premise signs. Further, outdoor advertising signs are no longer allowed in the City, and there is no potential that they will proliferate. Finally, outdoor advertising signs are in themselves distracting and their removal serves public safety. The City is extremely limited in its ability to cause the removal of those signs. This clause is intended to provided incentives for the voluntary and uncompensated removal of outdoor advertising signs in certain settings. This removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentives. These provisions are also based on the recognition that the incentives create an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout the community. Richfield City Code Page 549-15 Section 549.27 ~~ ~I a) A person may obtain a permit for an enhanced dynamic display on one face of an outdoor advertising sign if the following requirements are met: The applicant agrees in writing to permanently remove, within 15 days after issuance of the permit, at least 2 other faces of an outdoor advertising sign in the City that are owned or leased by the applicant, each of which must satisfy the criteria of parts ii through iv of this subsection. This removal must include the complete removal of the structure and the foundation supporting each sign face. The applicant must agree that the City may remove the sign if the applicant does not do so within the time frame agreed upon by the applicant and the City, and the application must be accompanied by a cash deposit or letter of credit acceptable to the City Attorney sufficient to pay the City's costs for that removal. The applicant must also agree that it is removing the sign voluntarily and that it has no right to compensation for the removed sign under any law; ii. The City has not previously issued an enhanced dynamic display permit based on the removal of the particular faces relied upon in this permit application; iii. Each removed sign has a copy and graphic area of at least 288 square feet and satisfies two or more of the following additional criteria: 1) The removed sign is located adjacent to a highway with more than two regular lanes and with a general speed limit of 45 miles per hour or greater, but that does not have restrictions on access equivalent to that of an interstate highway; 2) All or a substantial portion of the structure for the removed sign was constructed before 1975 and has not been substantially improved; 3) The removed sign is located in a noncommercial zoning district; 4) The removed sign is located in a special planning area designated in the comprehensive plan; or 5) The removed copy and graphic area is equal to or greater than the area of the copy and graphic area for which the enhanced dynamic display permit is sought. iv. If the removed sign face is one for which a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign. The sign that is the subject of the enhanced dynamic display permit cannot begin to operate until proof is provided to the city that the state permit has been surrendered. b) If the applicant complies with the permit requirements noted above, the city will issue an enhanced dynamic display permit for the designated outdoor advertising sign. This permit will allow a dynamic display to occupy 100 Richfield City Code Page 549-16 Signs Section 549.27 ,. ~ .+~ percent of the potential copy and graphic area and to change no .more frequently than once every eight seconds. The designated sign must meet all other requirements of this ordinance. Richfield Ci Code tY Page 549-17 ~~ - l~ m m i~ u u y ~ ~ ~ ~ ~ ~ II v- ~ ~ J ~ ~ s ~ ~ s _t ~ -v?- S ~ ~ s .~ ~ ~ `~ .~ a d .~ ~ ~~ 0 M eV .-i O O ~.:a m ~~ ~ ®~! ~ ~ ~~ y .~,~-£~ U `~ ~ ~~-~a g,_~„ -;--~ ~' s~~~,, ; >ne Color ~e~.. d.ts~~ Z~!-•~.S 5~- s~ ~~ not- ~ °OC ~~GII/Lt~c,-~-zr~v~ rc~t~rt['etie t~ cn~trrtt t a,t ~'-b" .x ~1,-tl., l)vuhle. Face ID SiKn with I,E,[) Mcssc~~c~ 1)IS~JI~us Richfield High Sci~oal 49,5 Square Feet Attn: Rus George 1 ~' -©" Setback from Right a# Way 6f ~'~~~-6{381 18'-0" Maximum Height from Grade 70U1 Harriet A~aenue S®uth Message to Change 1X per 15 Minutes - Richfield, MN 55423 excluding Time & Temperature hers Franklin 1~lectric: 352-898-22~ Ct S I G N S Y S T E M S I N C. DESIGN ~ FABR/CATlf)N i`NSTALLATltJN ~ SERVICE 4 2025 Gateway Circte, Suite 2, GenterviUp, MN. 5503$ 65)-429-faYpp (Fax) 65T-423-~iSG ~~~a~ Iota! Sign: ~o sq, ft. Dynamic:lti,5 sq. ft Dynamic; 23. 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I. RECOMMENDED ACTION: By Motion: ^ Approve first reading of the attached ordinance amendment to Richfield City Code Section 925 establishing a fee for repeat calls to property for nuisance conduct. ^ Set second reading for November 27, 2007. II. BACKGROUND The purpose of this ordinance is to abate repeat calls by the City to the same property or location for nuisance conduct which prevents police or public safety services to other residents of the City. It will impose fees on the owner or occupant, or both, of the property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. 1113 First Read Nuisance Calls Ordinance The fee is intended to cover that cost over and above the cost of providing normal law or code enforcement services, and police protection City-wide. Second reading of the proposal.is scheduled for November 27, 2007. III. BASIS OF RECOMMENDATION A. POLICY • Nuisance conduct is defined as any activity or conduct deemed as a public nuisance under any provision of City Code, Sections 925, 511.21, 601, 905, 930, 1320 or 1325. • Violation of Minnesota State Laws prohibiting or regulating prostitution, gambling, controlled substances, use of firearms and disorderly conduct under Chapter 609 of Minnesota Statutes would be subject to fees under this ordinance. • The City may impose a repeat call fee upon the owner or occupant of private property if the City has rendered services or responded to the property on three (3) or-more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. • The repeat call fee proposed is $250 to be assessed after the third call to a property within the 365 day period and will be set forth for adoption by City Council Resolution that will be presented to the Council for approval at the Second Reading on November 27, 2007. • The ordinance provides an appeal process by a hearing officer. • This amendment would be added to Section 925 of the City Code. B. CRITICAL ISSUES • .Repeat calls to nuisance properties are a problem for both the Department of Public Safety and the nearby residents. • -This ordinance provides a means to abate nuisance activity and conduct. C. FINANCIAL ^ The repeat call fee of $250 will be set forth for adoption by City Council Resolution to be reviewed at the Second Reading on November 27, 2007. D. LEGAL; • Legal counsel has prepared and reviewed the drafts and final version of the ordinance. IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • Ordinance No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Unknown 58-/ BILL NO. AN ORDINANCE AUTHORIZING A FEE FOR REPEAT CALLS TO PROPERTY FOR NUISANCE CONDUCT THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 925 of the Richfield City Code is amended by adding a new section 925.13 to read as follows: 925.13. Repeat Nuisance Call Fee. Subdivision 1. Purpose. The purpose of this section is to protect the public safety, health and welfare and to prevent and abate repeat calls by the City to the same property or location for nuisance conduct, as defined herein, which prevent police or public safety services to other residents of the City. It is the intent of the City by the adoption of this Section to impose and collect fees from the owner or occupant, or both, of property to which City officials must repeatedly respond for any repeat nuisance event or activity that generates extraordinary costs to the City. The fee is intended to cover that cost over and above the cost of providing normal law or~code enforcement services and police protection city-wide. Subd. 2. Scope and application. This Section applies to all owners and occupants of private property which is the subject or location of repeat calls by the City. This. Section applies to any repeat calls made by a City of Richfield peace officer, or community service, animal control and code enforcement officers: Subd. 3. Definition of nuisance conduct. (a) For purposes of this Section, the term "nuisance conduct" means any activity, conduct, or condition occurring upon private property within the City that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any member of the public; or will, or tend to, alarm, anger or disturb others or provoke breach of the peace, to which the City is required to respond,.including, but not limited to the following: (1) Any activity, conduct, or condition deemed as a public nuisance under any provision of the City Code; (2) Any activity, conduct, or condition in violation of any provision of Section 925 of the City Code; (3) Any activity, conduct, or condition in violation of Sections 511.21, 601, 905, 930, 1320, or 1325 of the .City Code; (4) Any conduct, activity or condition constituting a violation of Minnesota state laws prohibiting or regulating prostitution, gambling, controlled substances, use of firearms; and (5) Any conduct, activity, or condition constituting disorderly conduct under Chapter 609 of Minnesota Statutes: Subd. 4. Repeat call fee. s~-~- (a) The City may impose a repeat call, fee upon the owner or occupant of private property if the City has rendered services or responded to the property on three (3) or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. (b) The repeat call fee will be an amount as set forth and adopted by City Council Resolution. The City may impose an additional fee for each call in excess of three (3) within a period of 365 days. (c) A repeat call fee imposed under this Section will. be deemed delinquent if it is not paid within 30 days after the City mails the billing statement for the fee. The City will add a ten percent late penalty to a delinquent payment. Subd. 5. Notice. No repeat call fee may be imposed against an owner or occupant of property without first, providing the owner or occupant with written notice of the two previous nuisance calls which are the basis for the fee. The written notice must: (a) identify the nuisance conduct that previously occurred on the property, and the dates of the previous nuisance conduct; and (b) state that the owner or occupant may be subject to a repeat call fee if a third repeat call is rendered to the property for nuisance conduct; and (c) state that the City has the right to seek other legal remedies or actions for abatement of the nuisance conduct or compliance with the law; and (d) be served personally or by U.S. Mail upon the owner or occupant at the last known address. Subd. 6. Right to appeal. (a) When the City mails the billing statement for the repeat call fee, the City will inform the owner or occupant of their right to request a hearing. (b) .The owner or occupant upon whom the fee is imposed must request a hearing within ten (10) business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the City Clerk or the Clerk's designee. The hearing will be scheduled within 21 days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this Section, the right to a hearing is waived. (c) .The. hearing will be conducted by a hearing officer in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the hearing officer will make written Findings of Fact and Conclusions regarding the nuisance. conduct and the imposition of the repeat call fee. The hearing officer will serve the Findings of Fact and Conclusions upon the owner or occupant by U.S. Mail within five days of the hearing. ss3 (d) If the owner or occupants fails to appear at the scheduled hearing date, the right to a hearing is waived. (e) Upon. waiver of the right to a hearing under paragraphs (b) or (d), or upon service of the hearing officer's Findings of Fact and Conclusions that the repeat call fee is warranted, the owner or occupant must immediately pay the fee imposed. Subd. 7. Legal Remedies Nonexclusive. Nothing in this Section will be construed to limit the City's other available legal remedies, including criminal, civil, injunctive or others, for any violation of the law which may constitute nuisance conduct. Subd. 8. Exceptions. The City may not impose a repeat call fee against an owner or occupant for a police response .relating to emergency assistance, including, but not limited to, domestic, spousal and child abuse. Subd. 9. Recovery of Fee. (a) If a repeat nuisance service fee is not paid within thirty (30) days after the billing statement is sent by the City, it will constitute: (1) alien on .the real property upon which the violation occurred- if the property or improvements on the property was the subject of the nuisance conduct; or (2) a personal obligation of the owner or occupant in all other situations. (b) Alien may be assessed against the property and collected in the same manner as taxes. (c) A personal obligation may be collected by appropriate legal means. Sec. 2. This ordinance shall be effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: .AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 Consent 5C 279 REPORT PREPARED BY: STEVEN L. DEVICH, CITY MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution endorsing the U.S. Mayors Climate Protection Agreement. I. RECOMMENDED ACTION: By Motion: Approve the resolution endorsing the U.S. Mayors Climate Protection A reement. II. BACKGROUND The U.S. Conference Hof Mayors has formed a partnership with Local Governments for Sustainability USA (ICLEI) to reduce greenhouse gas emissions in cities through outreach, education and technical assistance. The mayors also formed a Mayors' Council on Climate Protection with the goal of providing mayors with the tools they need to carry out their mission. Formerly the International Council of Local Environmental Initiatives, ICLEI is the nation's foremost organization working to provide cities with resources to lead on climate protection in the U.S. and internationally. Under the U.S. Mayor's Climate Protection Agreement, Richfield must: • Strive to meet or beat the Kyoto Protocol targets in the community, through actions ranging from anti-sprawl land use policies to urban forest restoration projects to public information campaigns. • Urge the State and Federal governments to enact policies and programs to meet or beat the greenhouse gas emission reduction target suggested for the U.S. in the Kyoto Protocol - 7% reduction from 1990 levels by 2012. 1113CIimate • Urge the U.S. Congress to pass the bipartisan greenhouse gas reduction legislation that would establish a national emission trading system. This agreement is already supported by 32 Minnesota cities and counties. III. BASIS OF RECOMMENDATION A. POLICY • The agreement itself is not a mandate but more of a symbolic statement through. the Mayor that Richfield urges the federal government to act immediately to address the climate change problem and is committed to local action to reduce greenhouse gas emissions from local operations through such means as those listed in the agreement. B. CRITICAL ISSUES • Mayor Goettel requested this resolution be presented to the City Council for consideration. C. FINANCIAL • There is no direct cost to endorse the U.S. Mayors Climate Protection Agreement. D. LEGAL • None. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not endorse the U.S. Mayors Climate Protection Agreement. V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. Sc-I RESOLUTION NO. RESOLUTION ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution;. and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community's most respected assemblage of scientists; has found that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average, global sea level increases of four to eight inches during the 20th Century; a 40 percent decline in Arctic sea-ice thickness; and nine. of the ten hottest years on records occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat wavers; more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, went into effect in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the U.S., with less than 5 percent of the world's population, is responsible for producing approximately 25 percent of the world's global warming pollutants; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S. would have been 7 percent below 1990 levels by 2012; and .WHEREAS, many leading U.S. companies that have adopted greenhouse. gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the U.S. to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and WHEREAS, state and local governments throughout the U.S. are adopting emission reduction targets and pro rams and that this leadership is bipartisan, coming from Republican and Democratic governors and mayors alike; and , WHEREAS, many cities throughout the nation, both large and. small, are reducing global warming pollutants through programs that provide economic and duality. of life benefits such as reduced energy bills, green space preservation, air quality improvement, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement which, as amended at the 73rd Annual U.S. Conference of Mayors meeting, reads: The U.S. Mayors Climate Protection Agreement A. We urge the federal government and state governments to enact policies and programs to meet or beat the target of reducing global warming pollution levels ~~s~ to 7 percent below 1990 levels by 2012, including efforts to: reduce the U.S.'s .dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel-efficient technologies such as conservation, methane recovery for energy generation, waste to energy, wind and solar energyy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that includes 1) clear timetables and emissions limits and 2) a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for, reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in city operations and in the community, set reduction targets and create an action. plan; 2. Adopt and enforce land-use. policies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 3. Promote transportation -options such as bicycle trails, commute trip reduction programs,.incentives for car pooling and public transit; 4. Increase the use of clean, alternative energy. by; for example, investing in "green tags", advocating for the development of renewable energy resources, recovering landfill methane for energy production, and supporting the use of waste to energyy~ technology; 5. Make energ~r efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for city use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council's. LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles, reduce the number of vehicles; launch an employee education program including anti- idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in city operations and. in the community; 11. Maintain healthy urban forests; promote tree planting to increase shading and to absorb yO2; and 12. Help educate the public, schools, other jurisdictions, professional assoaations, business and industry about reducing global warming pollution. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Minnesota endorses the U.S. Mayors Climate Protection Agreement as amended by the 73rd Annual U.S. Conference of Mayors meeting and urges mayors from around the nation #o join this effort. BE IT FURTHER RESOLVED, the City of Richfield, Minnesota will work in conjunction with ICLEI Local Governments for Sustainability and other appropriate organizations to track progress and implementation of the U.S. Mayors Climate Protection Agreement as amended by the 73rd Annual U.S. Conference of Mayors meeting. Adopted by the .City Council of the City of Richfield, Minnesota this 13th day of November. 2007. e ie oette , ayor ATTEST: Nancy i bs, ity Jerk AGENDA SECTION: Consent AGENDA ITEM # _ 5A REPORT # 280 ~~~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: BRAD SVEUM -FIRE SERVICES DIRECTOR/CHIEF NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the resolution accepting 2007 Assistance to Firefighters Grant monies. I. RECOMMENDED ACTION: By Motion: Adopt the resolution accepting the grant from the US Department of Homeland Security, Assistance to Firefighters Grant (EMW-2007-FO-11125) in the amount of $12,291.00. This grant will be used to provide fire apparatus operator and defensive driving classes for the Fire Department. II. BACKGROUND This federal, competitive grant program has been in existence since 2000. Richfield has been awarded grants in 2002, 2003, 2004 and 2006. The total value of these previous awards has been in excess of $300,000. III. BASIS OF RECOMMENDATION A. POLICY 1113Fire Formal acceptance of this grant is pursuant to Minnesota Statute 465.03 which requires city councils to formally accept all grants by a two-thirds majority vote. We have been notified that we have been awarded a grant for 2007 by the US Department of Homeland Security. B. CRITICAL ISSUES • Acceptance of this grant will allow the Fire Department to bring in Instructors from Hennepin Technical College to teach fire apparatus operation and to send all Firefighters to Dakota Technical College to participate in on-road defensive driving of fire apparatus. • Defensive drivers training has been identified as an important training topic by the city's safety committee. • The Fire Department has completed all necessary steps to comply with the federal regulations for the award of this grant. C. FINANCIAL • The Fire Department has funds available in its budget to cover the 10% matching fund component of the grant in the amount of $1,365. D. LEGAL • This formal acceptance of this grant is required by Minnesota Statute 465.03. IV. ALTERNATIVE RECOMMENDATION~S~ • None V. ATTACHMENTS • Resolution. Department of Homeland Security letter advising approval of the grant application. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. ~~- I RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF US DEPARTMENT OF HOMELAND SECURITY, ASSISTANCE TO FIREFIGHTERS GRANT, RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS. WHEREAS, Minnesota Statute 465.03 reads in part as follows: Any city, county, school, district or town may accept a grant or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for religious or sectarian purposes. Every acceptance shall be by resolution of the council adopted by two-thirds majority of its members, expressing such in full, and WHEREAS, the City of Richfield has been awarded the grant as described below, Assistance to Firefighters Grant from the US Department of Homeland Security for the amount of $12,291.00 to be used for fire apparatus operator and drivers training. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: That the City Council of the City of Richfield hereby accepts the US Department of Homeland Security, Assistance to Firefighters Grant (EMW-2007-FO-11125) for the year 2007 and authorizes the city to administer the funds in accordance with the grant agreements and terms prescribed by the donors. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Yanet Kevtew Mr. Brad Sveum Richfield Fire Department 6700 Portland Ave. S. Richfield, Minnesota 55423-2560 Re: Grant No.EMW 2007-FO-11125 Dear Mr. Sveum: Hops:ripurtat.icnia.~,uvrrucY,cauu~~priitc nwinu~awaiu~~yc~~vicw nwcuu... tJ. S. Department of Homeland Security Washington, D.C: 20472 ~p/~ t~ ~ :~~~~ ,+g . ~ On behalf of the Department of Homeland Security (DHS), l am pleased to inform you that your grant application submitted under the FY 2007 Assistance to Firefighters Grant has been approved. The DHS Federal Emergency Management Agency's National Preparedness Directorate, in consultation with the U.S. Fire Administration, carry out the Federal responsibilities of administering your grant. The approved project costs total to $13,656.00. The Federal share is 90 percent or $12,291.00 of the approved amount and your share of the costs is 10 percent ar $1,365.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from DHS. The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please goon-tine to the AFG eGrants system at www firegrantsupport.com and if you have not done so, complete and submit your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit Sign-up Form, signed by your organization and the banking institution to the address below: Department of Homeland Security FEMA, National Preparedness Directorate Grants Managemen# Branch 500 C Street, SW, Room 334 Washington, DC 20472 Attn: Assistance to Firefighters Grant Program After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to request payments online. Remember, you should basically request funds when you have an immediate cash need (i.e. you have abill in-hand that is due within 30 days). If you have any questions or concerns regarding the awards process, donations, or how to request your grant funds, please call the helpdesk at 1-866-274-0960. Sincerely, r ~` ~~ ~~ . 'F~ ~*~~~~' R. David Paulison Administrator 2 of S 11/6/2007 10:28 AM AGENDA SECTION: Consent AGENDA ITEM # 5 E REPORT # 2 81 STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: FRANCIE FLETCHER, HUMAN RESOURCES COORDINATOR NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the resolution amendment to the Flexible Spending Account Benefit Plan Document. I. RECOMMENDED ACTION: By Motion: Adopt the resolution approving an amendment to the .Flexible S endin Account Plan Document. II. BACKGROUND The City of Richfield provides City employees a Flexible Spending Account Plan benefit that is regulated by federal law. The Flexible Spending Account Plan allows employees to designate and set aside a biweekly deduction that may be used on a pre-tax basis for IRS approved medical, insurance and childcare-related expenditures. Acclaim Benefts administers the City's Flexible Spending Account Plan and ensures strict adherence to current federal law. The City of Richfield desires to amend the Plan Document by establishing a limited health reimbursement account with a maximum coverage amount of $4,000 and a minimum coverage of $260 effective January 1, 2008. The limited health reimbursement account is being established as a benefit for employees who choose to participate in the high deductible Health Savings Account (HSA) health insurance plan being offered to employees for 2008. In order to incorporate this change into the Plan. Document, it is necessary for the City Council to adopt a resolution formally modifying the Plan. 1113FIexibleSpendingAccount III. BASIS OF RECOMMENDATION A. POLICY • The City offers a Flexible Spending Account Plan to eligible City employees. • The Plan should follow federal regulations for such plans. B. CRITICAL ISSUES • The City is offering a high deductible HSA health plan option to employees for 2008. • A limited health reimbursement account is typically offered along with a high deductible HSA health plan. • The City should make any changes now to coincide with the City's Open Enrollment period for benefits offered in 2008. C. FINANCIAL, • There is no cost to the City for the Plan modifications. D. LEGAL • The proposed change conforms to federal law for such plans. ~ IV. ALTERNATIVE RECOMMENDATION(S) ~ • The City Council could decide not to adopt the proposed change and leave the plan as it is. • The City Council could choose to review this matter at a later date. V. ATTACHMENTS. • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. RESOLUTION NO. RESOLUTION AUTHORIZING AMENDMENT TO THE CITY OF RICHFIELD HEALTH CARE AND DEPENDENT DAY CARE FLEXIBLE SPENDING ACCOUNT PLAN 5E-I WHEREAS, the City of Richfield previously adopted the City of Richfield Health Care and Dependent Day Care Expense Reimbursement Plan (Plan) January 1, 1991; and WHEREAS, the City of Richfield desires to amend and restate such Plan as presented to the City Council. NOW, THEREFORE, BE IT RESOLVED that the City of Richfield Health Care and Dependent Day Care Expense Reimbursement Plan be amended, restated and adopted to include the following stated change effective January 1, 2008: • The Plan shall make available to eligible employees the health savings account (HSA) benefit on a pre-tax basis. • A limited health reimbursement account shall be established with a maximum coverage amount of $4,000 and minimum, coverage of $260. BE IT FURTHER RESOLVED that any authorized persons of the City are hereby authorized to make such contributions from the funds of the City as are necessary to carry out the provisions of said Plan at any time; and BE IT FURTHER RESOLVED that in the event any conflict arises between the provisions of said .Plan and the Employee Retirement Income Security Act of 1974 (FRIBA) or any other applicable law or regulation (as such law or regulation may be interpreted or amended), the -City shall resolve such conflict in a manner which complies with ERISA or such law or regulation. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Consent AGENDA ITEM # 5 F REPORT # 2 ~~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: FRANCIE FLETCHER, H. R. COORDINATOR NAME, TITLE REPORT PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the resolution designating City's contribution toward health, term life and dental insurance remiums for General Services and Mana ement em to ees. I. RECOMMENDED ACTION: By Motion: Adopt the resolution designating the City's contribution toward health, term life and dental insurance premiums for General Services and Management employees. ~ IL BACKGROUND The Chty contributes to the cost of premiums for four kinds of insurance coverages available to City employees. Full-time Management and General Services employee contributions are discussed within this staff report as well as contributions toward health insurance for part-time regular General Services employees. Other employees are covered under terms of labor agreements. LIFE A $25,000 term life insurance policy is provided for all full-time .Management and General Services employees. The City pays the full premium for this insurance. The rate for 2008 remains at $4.35 per month per employee. DENTAL The second type of insurance provided to full-time Management and General Services employees is aself-funded group dental insurance. In 2007, the City contributed $32 per month per employee for the total cost of employee (not dependent) coverage. For 2008, the City's contribution will remain at $32 per month per employee. Employees who desire dependent coverage must pay the full cost of such additional premium, which will be $36 per month for 2008. This is a $4 increase from 2007. Inasmuch as dental insurance is self-funded, the City 1113 Benefits establishes the dental rates from year to year internally, based upon administrative -and benefit payout cost data. Analysis of the dental fund performance for the past two years indicates that rate increases are necessary. HEALTH INSURANCE FOR FULL-TIME EMPLOYEES The third type of insurance coverage available to full-time Management and General Services employees is group health coverage. The Local Government Information Systems Association (LOGIS) group was required by law to go out for bids for 2008 health insurance. Medica, HealthPartners and Blue Cross/Blue Shield submitted quotes. HealthPartners' quote was the lowest with a 1.74% increase and a 16% rate cap for 2009 and 2010. The LOGIS HealthPartners plan offers employees a choice of three plans and an open access network of physicians. One of the HealthPartners plans offered is a high deductible plan that includes a Health Savings Account. With this plan, the employee's initial premium cost is lower but the employee is responsible for the first $2,200 of costs for single coverage and $4,400 for dependent coverage incurred each year. After that, it is an 80/20 plan until the maximum annual, out-of-pocket deductible has been met. In an effort to remain flexible and keep rate increases as low as possible, LOGIS will continue to offer afour-tier system, giving employees the choice of employee only, employee plus spouse, employee plus child(ren) and family option. By providing this four-tier rating system some employees are able to benefit by choosing the employee plus spouse option or employee plus child(ren) option. The City will continue to pay the full individual employee premium and provide an additional contribution toward-dependent coverage up to a specified maximum insurance premium. In 2008, the City's monthly contribution for Management and General Services employees will be increased from $705 to $730 for the employee plus spouse and employee plus child(ren) tiers and from $750 to $780 for the family coverage tier. The City's contribution for Management and General Services employees as a percent of premium over the past several years is shown in Attachment 7. Full-time employees have the option to waive health insurance coverage through the :City if they prove they have coverage elsewhere. Employees electing to waive coverage will receive an additional $50 per month on their pay check. This $50 will be taxed as regular income. The 2007 and 2008 monthly premium costs of the health plans are: 2007 Medica 2008 HP 2007 Medica 2008 HP High Option Open Access Elect or Medica Distinctions Essential Employee Onl $486.88 $497.23 $444.76 $463.24 Employee Plus S ouse $1,039.84 $1,057.86 $949.85 $988.09 Employee Plus Child ren $982.32 $1,002.29 $897.31 $933.50 Famil $1,283.22 $1,308.91 $1,172.75 $1,219.10 2007 Medica MIC 2008 HP Deductible 100 Plan with HSA Employee Onl $433.76 $355.07 Employee Plus S ouse $926.35 $757.10 Employee Plus Child(ren) $875.10 $715.27 Famil $1,143.75 $934.04 HEALTH INSURANCE FOR PART-TLME REGULAR EMPLOYEES The City will continue to contribute 75% of the single health care premium for part- time regular employees and increase the dependent coverage contribution to $365 per month for the employee plus spouse and employee plus child(ren) tiers and $390 for the family coverage tier. Part-time employees may opt out of health insurance altogether. LONG-TERM DISABILITY (LTD) The fourth type of insurance provided to all employee groups is long-term disability insurance (LTD). LTD is provided through a group policy secured by the City. The City changed its LTD carrier effective May 1, 2007. With this change the rate went from 45 cents per $100 to 34 cents per $100 of covered payroll. This information was summarized in a Staff Report presented at the April 24, 2007 Council Meeting. III. BASIS OF RECOMMENDATION A. POLICY • The City continues to provide adequate insurance protection for the Management and General Services employee groups, which are comparable to other City employee groups, as well as employees performing similar jobs in comparable communities. • By providing the same coverages, greater benefit equality is achieved between female classes found in Management and General Services groups and male classes found in.the contracted labor units. B. CRITICAL ISSUES • The City should implement the premium increases for coverages by December 1, 2007. Payroll deductions for January insurance payments, the beginning of the new insurance period, are calculated in December. C. FINANCIAL • The funding necessary to provide for the premium contributions as recommended will be addressed in the 2008 Revised Budget. • With the increase recommended, Richfield's contribution will be about average with those of comparable metro cities. D. LEGAL • In order to provide the requested insurance benefit changes, the City Council must approve the resolution designating the City's contribution toward health, term life and dental insurance premiums for General Services and Management employees. IV. ALTERNATIVE RECOMMENDATION(S~ The Council may take no action to increase the insurance premiums beyond the current 2007 funding level. Defer discussion to another date. V. ATTACHMENTS • Resolution • The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost VI. PRINCII'AL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. ~(~' RESOLUTION DESIGNATING CITY'S CONTRIBUTION TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES WHEREAS, the hospital-medical/surgical group health .insurance plan is available from the LOGIS Health Insurance program for City employees and their families; and WHEREAS, a term life and accidental death and dismemberment insurance plan is available from the Local Government Information Systems Association (LOGIS) for City employees; and WHEREAS, aself-funded group dental insurance plan is available to City Management and General Services employees and their families; and WHEREAS, a group short-term and long ,term disability program is available to City Management and General Services employees; and WHEREAS, the City Council is required to determine by resolution the City's contribution toward the premium for employee group insurance coverages. NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $780 per month for family health insurance to full-time employees, and in any event, said contributions shall not exceed the cost of single coverage for employees selecting that option.. The City shall give to full-time employees not participating in the City's health plan, a sum of $50 per month, which will be taxed as regular income. For all full-time Management and General Services employees, the City shall also pay the $32 monthly premium for the offered dental insurance plan, and the $4.35 monthly premium for the term life and accidental death and dismemberment insurance plan, for a total possible maximum 2007 .insurance premium contribution of $816.35 per month. The City shall contribute 75% of the single health care premium for part-time regular employees and a maximum of $390 per month towards dependent coverage. Part-time employees shall also receive a portion of short-term disability insurance dependent upon hours worked. Such contributions shall be for coverage effective January 1, 2008. BE IT FURTHER RESOLVED that the City shall contribute the full cost of long-term disability insurance for full-time Management and General Services employees. BE IT FURTHER RESOLVED that the City Council shall determine the City's contribution toward insurance premiums for all organized employee groups by the adoption of the appropriate resolutions concerning labor contracts with the respective organized employee groups. Adopted. by the City Council of the City of Richfield, Minnesota this 13th day of November 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Attachment 1 ~~- ~'~ The Citv's Contribution Toward Dependent Health Insurance as a Percent of Total Premium Cost YEAR HEALTH DEPENDENT CITY CONTRIBUTION CITY CONTRIBUTION PLAN PREMIUM MGMT./GEN. SVCS AVERAGE % OF COST PREMIUM 2004 MEDICA High Option * Employee + Spouse $800.37 $565 71% * Employee + Children $756.10 $565 75% * Family $987.70 $580 59% Elect/Essential Option * Employee + Spouse $731.11 $565 77% * Employee + Children $690.66 $565. 82% * Family $902.97 $580 64% MIC .1000 * Employee + Spouse $713.02 $565 79% * Employee + Children- $673.57 $565 84% * Family $880.35 $580 66% 2005 MEDICA High Option * Employee + Spouse $800.37 $605 76% * Employee + Children $756.10 $650 80% * Family $987.70 $650 66% . Elect/EssentialOption * Employee + Spouse $731.11 $605 83% * Employee + Children $690.66 $650 88% * Family $902.97 $650 - 72% MIC 1000 * Employee + Spouse $713.02 $605 85% * Employee + Children $673.57 ~ $650 90% * Family $880.35 $650 74% 2006 MEDICA High Option * Employee + Spouse $896.41 * Employee + , Children $846.83 * Family $1106.22 Elect/Essential Option * Employee + Spouse $818.84 * Employee + Children $773.54 * Family $1010.99 M I C 1000 * Employee + Spouse $798.58. * Employee + Children $754.40 * Family $985.99 2007 MEDICA High Option * Employee + Spouse $1039.84 * Employee + Children $ 982.32 * Family $1283.22 Elect Option * Employee + Spouse $ 949.85 * Employee + Children $ 897.31 * Family $1172.75 Low Option * Employee + Spouse $ 926.35 * Employee. + Children $ 875..10 * Family $1143.75 2008 HealthPartners Open Access Choice * Employee + Spouse $1057.86 * Employee + Children $1002.29 * Family ~ $1308.91 Distinctions "~ Employee + Spouse $ 988.09 * Employee + Children $ 933.50 * Family $.1219.10 High Deductibl e HSA * Employee + Spouse $ 757.10 * Employee + Children $ 715.27 * Family $ 934.04 $655 $655 $700 $655 $655 $700 $655 $655 $700 $705 $705 $750 $705 $705 $750 $705 $705 $750 $730 $730 $780 $730 $730 $780 $730 $730 $780 73% 77% 63% 80% 85% 69% 82% 87% 71% 68% 72% 58% 74% 79% 64% 76% 81% 66% 69% 73% 60% 74% 78% 64% 96.% 102% 84% 6~~ AGENDA SECTION: CONSENT AGENDA ITEM # 5 G REPORT # 283 ~~- STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIlZECTOR REVIEW: SIGNATURE REVIEWED BY CITY -J MANAGER: i~C~ ITEM FOR COUNCIL CONSIDERATION: Approve the attached resolution making the findings necessary for the granting of a variance for a reduced side and setback at 7238 Blaisdell Avenue. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution approving the appeal from the decision of the Hearing Examiner and overturning the Hearing Examiner's decision to deny a variance for a reduced side vard setback at 7328 Blaisdell Avenue. II. BACKGROUND The attached resolution makes the findings necessary to grant a variance for a reduced side setback, and thereby overturn the decision of the Richfield Hearing Examiner. III. BASIS OF RECOMMENDATION A. POLICY • In order to grant a variance, the City must find that the following criteria are met: 111307 - 7238 Blaisdell variance appeal resolution o There is an undue hardship which denies the applicant reasonable use of the property; o There are unusual or unique circumstances that apply to the property which do not apply generally to other properties in the same zone or vicinity, and that were not created by any persons having interest in the property; o That the variance will not alter the character of the neighborhood; and. o That the variance requested is the minimum variance that will alleviate the undue hardship. B. CRITICAL ISSUES • Hearing Examiner Murray found that the proposal did not meet the necessary requirement and therefore denied the request on September 21, 2007. • On October 23, 2007 the Council found the proposal to meet the necessary requirements and directed staff to prepare a resolution and findings to approve the request. • Findings must be made to approve a variance. C. FINANCIAL • All required fees have been paid. D. LEGAL • 60-DAY RULE: The 60-day clock `started' when a complete application was received on September 5, 2007. A decision was required by November 4, 2007 unless notice of an extension was sent to the applicant. Notice of extension was sent on October 29, 2007 indicating that the deadline had been extended. A decision must be issued by January 3, 2008. IV. ALTERNATNE RECOMMENDATION(S~ • N/A V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. John Radmanovich, Land Images, Inc. • Mr. & Mrs. Tolle, owners $G RESOLUTION NO. RESOLUTION GRANTING THE APPEAL FROM THE DECISION OF THE HEARING EXAMINER, REVERSING THE HEARING EXAMINER'S DECISION, AND GRANTING A VARIANCE FOR A REDUCED SIDE YARD SETBACK AT 7238 BLAISDELL AVENUE Be it resolved by the Board of Adjustment and Appeals of the City of Richfield, Minnesota as follows: fact: The Board of Adjustment and Appeals hereby makes the following findings of FINDINGS OF FACT 1. The City of Richfield (the "City") regulates, by ordinance, the setback requirements of buildings. 2. The primary source of such regulations is contained in Appendix B of the Richfield City Code, which is also known. as the Richfield Zoning Code. 3. On or about September 5, 2007 the City received an application from John Radmanovich, contractor for Mr. & Mrs. Tolle (the "Applicant"), 7238 Blaisdell Avenue, requesting a variance to allow reduction of the five-foot setback requirement to three- feet for construction of an attached garage. 4. The property at 7238 Blaisdell Avenue is located in the Single Family Residential (R) zoning district. 5. Subsection 521.11, Subdivision 2 of the Richfield Zoning Code requires single-family homes to be set back no less than five-feet from interior side lot lines. 6. On September 18, 2007, the Hearing Examiner conducted a public hearing on the variance request. 7. On or about September 21; 2007, the Hearing Examiner published a written decision denying the variance request. 8. On or about October 1, 2007, the City received a written request (the "Appeal") to the Board of Adjustment and Appeals '(the "Board") to consider an appeal of the decision of the Hearing Examiner. 9. The appeal came before the Board for review and action on October 23, 2007. The Board conducted a public hearing, at which the Applicant was provided the opportunity to testify. II. The Board hereby makes the following conclusions: CONCLUSIONS Strict compliance with the provisions of Zoning Code Subsection 521.11, Subdivision 2 will result in an undue hardship in that the Applicant could only construct a garage that is 21.25 feet by 23.6 feet in dimension without a variance. Atypical two-car garage is 24 feet by 24 feet in dimension. The home is afive-bedroom home with a footprint of approximately 1,451 square feet, which is larger than typical in the city. The proposed garage is proportionate to the size of the home. s~-a 2. The Applicant could have constructed a garage that is 21 feet, 3 inches wide and could have added additional depth to the garage. by adding to the rear of the garage to compensate for the smaller width. However, to do so would require removal of a large, mature tree that is located to the rear of the garage. The size, age and location of the tree constitute an unusual and unique circumstance that justifies a variance. It would be unreasonable to require the Applicant to add additional length at the front of the garage, because that fagade would be aesthetically less appealing than the wider garage as allowed by the variance. 3. The proposed variance would not alter the character of the neighborhood. 4. The variance is the minimum variance necessary to alleviate the undue hardship. III. Based upon the foregoing, the Board hereby makes the following decision: DECISION The appeal of the decision by the Hearing Examiner to allow a reduction of the required five-foot interior setback to three feet for the construction of an attached garage at 7238 Blaisdell Avenue is hereby in all respects GRANTED. The decision of the Hearing Examiner is reversed, and the variance is granted. Adopted by the City Council of the City of Richfield, Minnesota this 23rd day of October 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: ('.~nspnY AGENDA ITEM # 5H REPORT # ~ R ~ ~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, T/TGE ITEM FOR COUNCIL CONSIDERATION: Consideration of a request for a conditional use. permit to allow a Class II Restaurant (a restaurant with seatin at 811 66th Street East. I. RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Approve a conditional use permit to allow a Class II Restaurant at 811 66th Street East. II. BACKGROUND Mr. Felix Ampah is the operator of the Ampah Gallery located at 811, 66th Street East. To compliment the art gallery, Mr. Ampah would like to serve non-alcoholic beverages and packaged cookies and cakes. Any type of restaurant that provides seating requires a conditional use permit (CUP) in the C-2 (General Commercial) District. While odors do not appear to be an issue with the proposed use, a stipulation has been included in the resolution that will require the owner to address odor issues should they become a problem in the future. The owner is aware of this stipulation and has agreed to comply. A real estate office most recently occupied this tenant space. In 1998, a CUP for a 48-seat restaurant was approved for this location. However, that applicant chose 111307 -CUP 811E 66th not to pursue the use. Conditional use permits expire one year after issuance unless the use for which the permit was granted has commenced.. Earlier this year, an applicant applied for a conditional use permit to open a sandwich shop at this location. That application was withdrawn. III. BASIS OF RECOMMENDATION A. POLICY Class II restaurants are defined as restaurants where food and non- intoxicating beverages are either served and consumed while seated at a counter or table, or selected by customers while passing through a service line and taken to a table for consumption. All of the findings necessary to issue a conditional use permit (546.05, subd. 6) are .present. a) The proposed use is consistent with the goals, policies and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan designates this site for neighborhood commercial uses. 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 the pen`ormance standards specified in Section 541 of this Code. This requirement is met. The proposed use is within an existing shopping center. Compliance with the approved terms of permits governing the shopping center as a whole is the responsibility of the property owner rather than the tenant. Parking exceeds City requirements. 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 met. See below. Class II restaurants are conditional uses in the C-2 District, as specified in Section 526.27, Subdivision 7 of the Zoning Code. This section requires conformance with the following requirements: A buffer yard of not less than 25-feet in width shall be provided to separate all aspects of such use from abutting residential parcels. This requirement does not apply; there are no abutting residential parcels. 2. Alcoholic beverages shall not be served unless the lot abuts an .arterial or collector street. This requirement does not apply. B. CRITICAL ISSUES • This location was approved fora 48-seat restaurant in 1998. • The applicant has submitted a petition with 12 signatures indicating that they are in favor of the proposed cafe addition to the gallery. • Historically, the neighborhood has expressed concerns regarding the possibility of increased delivery traffic and odors. • A stipulation regarding the coordination of deliveries that was part of the original CUP approved in 1998 has been included in this resolution. Staff does not believe that odors will be an issue, as the proposed food is prepackaged. A stipulation has been included stating that if odors were to ever become a concern, the owner would be required to address the issue. The owner is aware of this stipulation and has agreed to comply. The Planning Commission voted to recommend approval (9-0). C. FINANCIAL • The required application fee has been paid. D. LEGAL • 60-DAY RULE: 60 day clock `started' when complete application was received on September 24, 2007. Because a decision could not be given to the applicant by November 9, 2007, a notice of extension was sent to the applicant September 25, 2007. The 120-day deadline for a decision is January 8, 2008. • NOTIFICATION: Notification of this hearing was provided in accordance with City and State requirements. IV. ALTERNATIVE RECOMMENDATION(S~ • Deny the requested CUP with a finding that the permit would have a negative impact on adjacent properties or the City as a whole. V. ATTACHMENTS • Resolution • Site plan • Petition signatures • Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Felix Ampah, applicant ~~/~ RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW A CLASS II RESTAURANT AT 811 66TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit to allow a Class II restaurant at 811 66th Street East, legally described as: LOT LAND THAT PART OF THE WEST ~/z OF LOT 2 LYING WEST OF THE EAST 10 FEET THEREOF, ALSO THAT PART OF THE EAST 10 FEET OF THE WEST ~/z OF LOT 2 LYING SOUTH OF THE NORTH 10 FEET THEREOF, BLOCK 3, TERRACE GARDENS ADDITION. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested conditional use permit at 81'f 66th Street East at its October 22, 2007 meeting, and WHEREAS, this requested conditional use permit at 811 66th Street East meets those .requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 546.05, Subd.6, and WHEREAS,. the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued for Class II restaurant, as described in City Staff Report No. , on the Subject Property legally described above. 2. This conditional use permit at 811 66th Street East is sub'ect to the following conditions in addition to those specified in Section 526.2 Subdivisions 7 of the City's Zoning Ordinance: • That landscaping be replaced so as to be in conformance with approved plans on file with the Community Development Department. • That the dumpster enclosure be approved by the Health Inspector for use by a restaurant. • That the property owner and tenants work together to coordinate deliveries and keep trucks from parking on and blocking Chicago Avenue. • That if at any time restaurant odors are found to be a nuisance, the property owner will be responsible for remediation of said nuisance. 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. 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NAME & SIGNATURE CAPACITY ADDRESS ~Ju C~~1 u~~e~l ,~ ~d o ~~ ~~- S' ~~ ~~ ~ • ~~~ tZ¢~ ~ zs o.~ ,~, / -~:` V~ , s~,, e,~ ~-t ~ ~~~~ .~~z~~~ ~"~ ~~ ~. ,~, ~ t e~ d Av ~-, fit c,~ ~-t ~.-~--~ , ~~ The undersigned are supportive of Ampah Gallery, located at 811 East 66th Street in Richfield, adding a small cafe to complement the art gallery. NAME & SIGNATURE CAPACITY i ADDRESS ,{~{/~1 ~ 1~}/~ 1e /~ / f{ ~^ ~ 1 ~:~ .~p~~~~~~: / t ~6 ~ ~~~~ ~ ~~' r ~~~ 1r,/lf S ~N G--E~Z- ~`~ S ~ (¢ yC~ 0 S /~-?/~./L~i ~~-Ll~ S `~ The undersi ned are su ortive of Am ah Gal1e located at 811 East 66th ~~J~~ 9 Pp p rY~ Street in Richfield, adding a small cafe to complement the art gallery. NAME & SIGNATURE CAPACITY ADDRESS 811 66th St E ~ C U P 10/07 Surrounding Land USe Sd ~v PRK VETERANS MEMORIAL PARK ~s . O~ 66th St reet E ast RES ~ Q COM ~ O Q RES ~ v COM COM p _ U W RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES RES N RES -Single-family Residential APT -Multi-family Residential COM -Commercial PRK -Park i 0 55 -110 220 330 440 Feet RES RES APT RES RES RES RES RES RES RES RES RES RES RES APT APT RES RES RES RES RES RES S RES RES RES RES RES Community Development (MP) 5/16/07 811 66th. St E -CUP 10/07 ~ ~~~ Surrounding Zoneng . R VETERANS MEMORIAL PARK "'S Off, f, 66th St reet East R ~ Q C-2 ~ O Q R ~ ~ ~ C-2 C-2 +-' ~ U W R R R R R R F2 R R R R R R R R R R R R R R N R -Single-family Residential MR-2 -Multi-family Residential C-2 -General Commercial 0 55 110 220 330 440 Feet R R MR-2 R R R R R R R R R R R MR-2 MR-2 R R R R R R R R R R R R Community Development (MP) 5/16/07 AGENDA SECTION: Consent AGENDA ITEM # 5I REPORT # 285 ., ~~~~~;i~°~ ~~y~-` STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: SIGNATURE. ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution regarding an agreement between the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division, and the City of Richfield, Public Safet De artment, ertainin to O eration Ni htCAP. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of grant funds from the State of Minnesota, Commissioner of Public Safety, State Patrol Division, to be used for payment of overtime for officers involved in Operation NightCAP traffic enforcement. II. BACKGROUND The Minnesota State Patrol coordinates alcohol enforcement saturations with local police departments throughout the state and has contacted the Richfield Police Department to participate in periodic saturations for alcohol enforcement in coordination with the State Patrol. The State of Minnesota, Commissioner of Public Safety, has awarded the Richfield Police Department reimbursements not to exceed $5,720 for overtime to participate in the NightCAP Grant Program. The contract begins October 1, 2007 and expires September 30, 2008. MIKE KOOB, POLICE LIEUTENANT NAME, TITLE ~ ~ 1113 Resolution for Operation NightCAP Grant III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires that the City approve a resolution accepting the funds of the grant money. B. CRITICAL ISSUES • The resolution needs to be signed by the Richfield City Council, adopting by two-thirds majority of its members. C. FINANCIAL • The overtime paid to the officers will come from Grant Funds. D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Council could disapprove the resolution, which would void the agreement. V. ATTACHMENTS • Resolution No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None s1- RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF RICHFIELD/POLICE TO PARTICIPATE JOINTLY WITH THE MINNESOTA STATE PATROL IN AN AGREEMENT WITH AND TO RECEIVE GRANT FUNDS FROM THE STATE OF MINNSOTA, COMMISSIONER OF PUBLIC SAFETY, TO PAY OVERTIME TO OFFICERS INVOLVED IN OPERATION NIGHTCAP WHEREAS, the City of Richfield/Police would like to sign a contract with the State of Minnesota, acting through its Commissioner of Public Safety, State Patrol Division; and WHEREAS, the City of Richfield/Police would receive grant funds, not to exceed $5,720, for overtime for saturated alcohol enforcement in coordination with the Minnesota State Patrol; and WHEREAS, the contract would cover saturated enforcement between October 1, 2007 through September 30, 2008. NOW, THEREFORE, BE IT RESOLVED that Richfield Public Safety/Police will enter into a grant agreement with the State of Minnesota, Commissioner of Public Safety, State Patrol for the project entitled Operation NightCAP, for October 1, 2007 through September 30, 2008. Public Safety Director Dan Scott is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Richfield Police Division and to be the fiscal agent and administer the grant. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: (;onsent AGENDA ITEM # 5,T REPORT # 2 8 h r~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Agency Agreement No. 91829 between the Minnesota Department of Transportation and the City of Richfield to purchase right of way for the Lyndale Avenue Bridge over I-494 Project. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution accepting Agency Agreement No. 91829 between the Minnesota Department of Transportation (Mn/DOT) and the City of Richfield to purchase right of way for the Lyndale Avenue Bridge over I-494 Project. II. BACKGROUND .The Minnesota Department of Transportation (Mn/DOT) acts as apass-through agent for all federal transportation funds in the state. Agency Agreement No. 91829 authorizes Mn/DOT to pass through federal funds to the City of Richfield to be used to acquire land needed for the Lyndale Avenue Bridge Project over I-494. The agency agreement will provide $7,325,000 in federal highway funds to purchase the necessary right of way for the Lyndale Avenue Bridge Project. A map is attached to this report that shows the fourteen parcels affected by the project. Only one parcel in Bloomington, .Parcel 5A owned by Clarklift of Minnesota, is 1113Lyndale Bridge Agency Agreement considered for total acquisition. Partial acquisitions are needed from the remaining thirteen parcels. In a separate agreement Richfield will pass the federal funds to the City of Bloomington so that they can purchase land in Bloomington that is needed for the project. III. BASIS OF RECOMMENDATION A. POLICY • The reconstruction of I-494, including the Lyndale Avenue Bridge, has been identified as a priority in the City's Comprehensive Plan: B. CRITICAL ISSUES • The. agency agreement needs to be approved for the City to receive federal funds to begin the acquisition of land needed to build the bridge project. C. FINANCIAL • Funding for the design work comes from a federal highway grant covering 100% of the land acquisition costs. D. LEGAL • There are no .legal .issues involved in approving -the agency agreement. IV. ALTERNATIVE RECOIVIMENDATION~S~ • None. V. ATTACHMENTS • Resolution State of Minnesota Agency Agreement No. 91829 -between Mn/DOT and the City of Richfield for Federal Participation in Right of Way for SP 157-363-26 and 107-415-26; M.P. OM03MN010(107), CA04MN078(100), and TA05MN090(101) Right of Way Authorization Map for Lyndale Avenue Bridge Project VI. PRINCIPAL PARTIES EXPECTED AT MEETING • ,None anticipated S~ I RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA AGENCY AGREEMENT NO. 91829 BETWEEN THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN RIGHT OF WAY FOR REPLACEMENT OF LYNDALE AVENUE BRIDGE OVER I-494 WHEREAS, the City of Richfield is proposing to use federal highway funds to acquire right of way for the Replacement of the Lyndale Avenue Bridge over I-494 Project; and WHEREAS, the project is eligible for the expenditure of federal aid funds, and is identified by the City of Richfield as City Project 42000, and is identified by Minnesota Department of Transportation records as State Project 157-363-26 and 107-415-26, and is identified in Federal Highway Administration records as Minnesota Project M.P. OM03MN010(107), CA04MN078(100), and. TA05MN090(101). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that, pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED by the City Council of the City of Richfield that the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an .agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 91829," a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk j~-~- Mn/DOT Agreement No. 91829 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN , DEPARTMENT OF TRANSPORTATION AND CITY- OF RICHFIELD FOR FEDERAL PARTICIl'ATION IN RIGHT OF WAY FOR S:P. 157-363-26 and 107-415-26; . M.P, OM03MN010(107), CA04MN078(100), and TAOSMN090(101) This agreement is entered into by and between `City of Richfield ("City") and -the State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), Pursuant to Minnesota Statutes Section 1 C 1.36, the City desires_ Mn/DOT to act as the City's agent to accept and disburse federal .funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds, hereinafter referred to as the "Project"; and The City is proposing a federal aid project to purchase right of way for the reconstructed interchange of Lyndale Avenue and Interstate 494, .hereinafter referred to as the "Right of way Acquisition"; and The Right of way Acquisition is eligible for the expenditure of federal aid funds, and is identified in Mn/DOT records as State Project 157-363-26 and 107-4.15-2b, and in Federal Highway Administration ("FHWA") records as Minnesota Project OM03MN010(107), CA04MN078(100), and.TA05MN090(101}; and IVIn/DOT requires' that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY. A.' DESIGNATION. The City designates Mn/DOT to act as its agent to accept and disburse federal funds made available for the Project. B. ELIGIBILITY /COSTS. The. estimated cost of the Right of way Acquisition is $7,325,000. 1. It is anticipated that 100% (up to $ 7,325,000) of the cost of the Right of way Acquisition is to be paid from federal funds made available by the FHWA. The Agreement no. 99l 8213 -1- ~J~.3 City will pay any part of the cost or expense of the work that the FHWA does not paY• 2. Any costs incurred by the City prior to authorization of.the Federal Funds, will not be eligible for federal participation. 3. Eligible cost and expense, if approved, may consist of the following: a) The cost of purchasing right of way, appraisals, relocation costs, and administrative fees. b) The direct labor charges for City employees for the time that said employees are performing work pursuant to this agreement. Said labor charges may include the prorata share of "labor additives" applicable to said labor charges. Costs to the City of "labor additives" consisting of holiday pay, vacation, sick leave, retirement; pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental. to labor employment . will be reimbursed only when supported by adequate records. c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on work performed pursuant to this agreement, at rates reflective of the'City actual cost. d) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. e) The cost incurred by the. City to employ outside forces to perform any or all of the work pursuant to this agreement is subject to the provisions of section LD. SUBLETTING. f) Purchase price, appraisal fees incurred by the City, appraisal fees incurred by the property owner (up to a maximum of $1;500 for single family and two- family residential property and minimum damages acquisitions and $5,000 for other types of property), condemnation costs, title work, title insurance, recording fees, and closing costs. g) A credit will be required for any building sales or rental income. 4. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. S. Acceptability of costs under this agreement will be determined in accordance with _ the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference and made a part Agreement no. ~~l ~2i) -2- ~.~-~ of this agreement. 6: For costs expected to exceed $ 7,325,000; the City'must request the preparation and execution of a supplement to this agreement, prior to incurring such costs. C. STAFFING. 1. The' City will designate a publicly employed registered engineer or land surveyor, ("Project Engineer"}, to be in responsible charge of the Project and to supervise and direct the work performed under any contract let for the Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full-tune public employee of the City, to be in responsible charge: of the Project: The services of the City to be performed pursuant to this agreement may not be assigned, sublet; or transferred .unless the' City is notified in writing by 1VIn/DOT that such action is permitted -under 23 CFR 1..33 and 23 CFR 635.105 and state Law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project; the City authorizes its Project Engineer to request in writing specifc engineering and/or technical services from Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If 1VIn/IDOT furnishes the services requested, and if lVln/DOT requests reimbursement; then the City will promptly pay Mn/DOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services: The costs and expenses will include the current 1VIn/DOT labor additives and overhead rates,. subject to adjustment based on ,actual direct costs that have been verified by audit. Provision of uch services will not be deemed to make Mn/DOT a principal or co-principal with respect to the Project.. 3. The city will furnish the personnel, services, .supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. .SUBLETTING. The City will prepare request for proposals in accordance with Minnesota law .and applicable Federal laws and regulations. 1. T'he ,City will solicit proposals after obtaining written notification from Mn/DOT that the FHWA has authorized the Project. Any Project advertised prior to authorization will not be eligible for federal reimbursement. 2'. The City will prepare the request for proposal, which will include all of the federal-aid provisions supplied by 1VIn/DOT. _ ~ 3 ~ The City will prepare and publish the proposal solicitation for the Project as required by state and federal laws. The City will include in the solicitation the required Language for federal-aid contracts as supplied by MnlDOT. The Agreement no. ~) t 82t) 3 ~J=~. solicitation will state where the City will receive the sealed proposals. 4. The City may not include other work in the contract for the authorized Project . without obtaining prior notification from Mn/DOT that such work is, allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project. 5. The City will prepare and distribute any addendums, if needed. 6. The City will receive open, and evaluate proposals.. 7. After the proposals are opened, the" City .governing body will consider the proposals and will award the contract as required by state acid federal laws, or reject all proposals. If the proposal contains a goal for Disadvantaged Business Enterprises, the City will not award'the contract until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal Employment Opportunity Office. $. This written consent will in no way relieve the City .from its primary responsibility for. performance of the work. ,Subcontractor agreements must contain all appropriate terms and conditions of this agreement. 9. The City shall enter into any necessary agreements in a separate agreement with the City of Bloomington. E. CONTRACT ADMINISTRATION. 1. The City will request approval from MnfDOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimburseinerit. 2. The .City will prepare reports,. keep records, and perform work so as to enable Mn/DOT to collect the federal aid sought by the City: The City will retain all records and reports in accordance with Mn/DOT's record retention schedule for federal aid projects. . 3. Upon completion of the Project, the Project Engineer will determine whether the .work will be accepted. F. PAYMENTS. 1. The entire cost of the Project isto be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will .pay any part of the cost or expense of the Project that is not paid by federal fonds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify the amount of each partial estimate. Agreement no. ~)t ~2~) -4- 5~`~' 3. The invoice and supplements thereto, will contain all details that may be necessary for a proper audit. Such details will consist of at least the following: . (a) A breakdown of. labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each . individual: (b) The labor additive maybe applied to total labor dollars, not including overtime labor dollars. (c) The equipment charges shall be broken down by type of equipment times the applicable rate and dates used to arrive at total equipment charges. (d) A detailed breakdown of outside services used and•supporting invoices and documentation that costs of outside services have been paid. (e) Detail for materials, supplies; and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice should be included. (f) The invoices will include 100% of eligible charges applicable to :the Right of way Acquisition so that the prorata share of federal and City participation can be applied to the total costs. 4. Following .certification, by the Project Engineer, of the final estimate, the City . may request reimbursement for costs eligible for federal funds. The City's request will be made to Mn/DOT and will include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs under this agreement will be based on actual costs; but Iirnited to eligible items. G. LIMITATIONS. 1. The City .will comply with all applicable Federal, State, and local laws, ordinances, and regulations: 2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that no person in the United States will, on the grounds of race,. color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal finanEial assistance (42 U.S.C. 20004). Through expansion of the mandate for .nondiscrimination in Title VI and through parallel legislation, the. prescribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition; the Title VI program has been extended to cover all programs; activities and services of an entity receiving Federal fnanciai Agreement no. ~31.82t1 _5_ ~~~ assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering. a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out tke above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that inay arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnfD'OT. The. City will require ,proof of Workers' Compensation Insurance from .any contractor and sub- contractor. H. AUDIT. 1. The City will comply with the Single Audit Act of 1984. and Office of _ Management and Budget (OMB) circular A-133 including amendments and successors thereto, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, , aIi books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government,.lVln/DO'I', and either the Legislative Auditor or the State.Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. I. MAINTENANCE. The City assumes full responsibility for the operation. and maintenance of any facility constntcted or improved under this Agreement. It is hereby understood and agreed that, subsequent to final audit and payment for right of way acquired under this agreement, The City shall neither sell nor allow a change in .the use of the right of way acquired, under this agreement without .prior approval of Mn/DOT and the Federal Highway Administration. J. CLAIMS. The City acknowledges that IVIn/DO`I' is acting only as the City's agent for acceptance and disbursement. of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and . acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vices acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney General); and hold Mn/DOT harmless from any claims ar costs arising out of or incidental to the Project, including reasonable attorney fees incurred by Mn/I}OT. The City Agreement no. €~ ~ ~ 1€~ -6- . 5~'g indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by Mn/DOT. II. DUTIES OF Mn/DOT. A. ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith.. B. PROJECT ACTIVITIES. 1. Mn/DOT will make the necessary requests to, the FHWA for authorization to use federal funds for the Project,- and for reimbursement of eligible costs pursuant to the terms of this agreement. 2. Mn/DOT will provide to the City copies of the required Federal-aid clauses to be included in the proposal solicitation and will provide the required Federal-aid provisions to be included in the Proposal. 3. NIn/DOT will review and certify the DBE participation and notify the City when certification is complete. If certification of -DBE participation (or good faith efforts to achieve such participation) cannot be obtained; then the .City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible .for federal assistance, . and the City must make up any shortfall.. C. PAI'NIENTS. 1. Mn/DOT will receive the federal funds paid by the FHWA for the Project; ..pursuant to 1Vlinnesota Statutes § 161.36, Subdivision 2. 2. Mn/DOT will. review and sign each partial pay request. Following certification of the partial estimate, Mn/DOT will reimburse the City, from said federal funds made available to the Project, for .each partial payment .request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final, payment request in accordance with the terms of this ~agreernent. Mn/DOT will review and certify the final payment request with a final audit. 4. No more than 90% of the reimbursement due under this agreement .will be paid until completion of the final -audit and .approval by 1VIn/DOT's authorized representative. 5. In the event 1VIn/DOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as 1VIn/DOT is able to process the federal aid reimbursement requests. Agreement no. t) l ~2~} 7 5~~ D. AUTHORITY. Mn/DOT may withhold federal funds, if 1VIn/DOT or the FHWA determines that the Project was not completed in compliance with federal requirements. E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, acid documents pertaining to the work hereunder,. for a minimum of seven years. following the closing of the construction contract. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to insure that all payments due to the other party are paid pursuant to the terms of this agreement. A. ~ The City authorized representative for the purposes of administration of this agreement is Thomas Foley, Transportation Engineer, City of Richfield, 6700 Portland Avenue, Richfield, MN 55423-2599, or his'successor. B. 1VIn/DOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN 55155, phone 651-366-3822, or her successor. IV. TORT LIABILITY. Each party is responsible -for its .own acts and omissions and the results thereof to the extent authorized bylaw and will not be responsible for the. acts and omissions of any others and the results thereof The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs Mn/DOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in office. VII.. TERM OF AGREEMENT. This agreement. will be effective upon execution by appropriate State officials, pursuant to Minnesota Statutes Section 160.05, and will . remain iri effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulf fled, whichever occurs first. VIII. TERMINATION. This agreement may be terminated by the City or MnlDOT at any. time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will. not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the :event of such a termination the City will be entitled to reimbursement for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement. Agreement no. ~) l t~2i) -8- . , .5~,1~ IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound .thereby. .CITY DEPARTMENT.OF TRANSPORTATION City certifies that the appropriate person(s) By: have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter Title: Director,. provisions State Aid for Local Transportation Date: By: Steven Devich Date: 10 / 9 /. 0 7 COMMISSIONER OF ADMINISTRATION By: Title:- City Manager Date: By: Debbie Goettel Date: 10/9/07 . Title: Mayor Agreement no. z)l.?~2~~ -9- pESKA'illE~YU\g532-NVi011\POM Marls MW ~08290T1A0~ OATE~b/J/200T z v ~,~,~ieraao ~ r m p~ATAT1~a ~ ~I ;~ ~ =~v v ~~UI I' Ufa ~'-® ~Yx I~ ~ ~ ~ . ~ ~N a::w .. i ,_ arw `" a _. N Y-~'.i ~`m, r- ~«IS _ancm d 1~ • (mw m .r0. 8 Z ~ ~ .{. o~ 0 `' ~ - ~ R.T. ~ -$ ~ •t'~~ n ~ m m b . ~: ~ z D ,~~ Ay a ;~ P W $ ~ . ~ H _ ~ ~ ~ ~ ~ ~ ~ ~ s ~ ~ ~ ~ ~ ~ ~ ~? ~ ~ ~ ~ E ~ ~ ~ ~ ~ ~ ~ ~ » ~ _ _ ~ ~ ~ ~ ~ CI e ~' o o ~ g ~ ~ ~ ~ N F ~ yy ; ~~ g g~ ~ o .7V S ~ ~ s ~ B ~ ~ ~~ ' ~ h _- --- -- ,~ - _ _ , .: ~ ~ ,, _ __ _ $ 1~ - ~ ~ ~ i ~ - ~@ ~~ ~ __ ; ~ ;~ ~~ ._ _~ _.~ a ., ~~ v. Y 1 ~ ~ ~ , l ', ; n I ', 1 ~ - , II L n ~' - -- . __ ~ -- ` -i S ~ -- __ y ~~ ~ ~ ; i~ ri ~ ' / ~ ~ - j~l i ' . I, ~ I ^ /1 V ~, ~ ._... C I ~ a ~ \ p jl ' ~ ~ y i i ~ ----- ~ I '.ii 1 ~ , T ---- ~ - -rt--q g ' y g ~ _ - $ - . I '~ ~ ~ ~ ' ~ ~ v n Q r ~ i8 ~ ~ ~ ' . ,, ~ ... C'~ ~ t/~ ~DN ~ n o~o r ~ m c:' W = m ~' me r m v_ Z ~ m~ O Z --~ "~ a~ Z rn m O ~// C Z ^~_ r1 i O 5~ ~r a a c 0 _~ O z AGENDA SECTION: ~flriSerit AGENDA ITEM # Sg REPORT # ~ Q 7 J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: THOMAS FOLEY, TRANSPORTATION ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a Right of Way Agreement between the cities of Bloomington and Richfield for ri ht of wa .needed for the L ndale Avenue Brid a over I-494. I. RECOMMENDED ACTION: By Motion: Approve the Right of Way agreement between the cities of Bloomington and Richfield to acquire the right of way needed for the Replacement of the Lyndale Avenue Bridge over 1-494. II. BACKGROUND The cities of Bloomington and Richfield. have been working together to advance the construction of the Lyndale Avenue Bridge. Richfield has secured federal funds for the project and has asked the City of Bloomington to acquire property in Bloomington- needed for construction of the new Lyndale Avenue Bridge. There are five parcels impacted in Bloomington by the project. The cost to acquire the needed right of way and easements in Bloomington is estimated at $4 million for portions of the five parcels. Funding for the purchase of these parcels will come from Federal Highway High Priority Project funds. III. BASIS OF RECOMMENDATION 1113RQW Agreement A. POLICY • The Lyndale Avenue Bridge needs to be replaced to accommodate future increases in traffic volume and a widened I-494. B. CRITICAL ISSUES • The new bridge will require the purchase of additional right of way in both Bloomington and Richfield. C. FINANCIAL • Funds to purchase property in Bloomington will be provided by a 100% federal highway grant. The federal funds will be.passed through the City of Richfield as part of the Lyndale Avenue Bridge Project. D. LEGAL • The City Attorney has reviewed and approved the proposed agreement. IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • Cooperative Agreement between the Cities of Richfield and Bloomington regarding costs incurred in connection with Lyndale Avenue Bridge Project. • Right of Way Authorization map for Lyndale Avenue Bridge over I-494 Project VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. S,~ COOPERATIVE AGREEMENT BETWEEN THE CITIES OF RICHFIELD AND BLOOMINGTON REGARDING COSTS INCURRED IN CONNECTION WITH LYNDALE AVENUE BRIDGE PROJECT (S.P. 2785-342) THIS AGREEMENT ("Agreement"), is made -and entered into as of this day of , 2007 by and between the CITY OF RICHFIELD, a Minnesota municipal corporation ("Richfield"), and the CITY OF BLOOMINGTON, a Minnesota municipal corporation ("Bloomington"), collectively referred to as the "Cities." WITNESSETH: WHEREAS, the Cities desire to design and construct a new Lyndale Avenue Bridge to be located in the 1-494 corridor on the boundary of the Cities, together with approaches thereto (the "Project"); and WHEREAS, Richfield is the lead agency on the Project; and WHEREAS, the acquisition of additional right-of--way (including- permanent and temporary easements) is required in both Cities for the Projecfi; and WHEREAS, $7,325,000 of funding is presently available in the Project budget for the costs- of such right-of--way acquisitions (the "Project Funds"), as approved by the Minnesota Department of Transportation (MnDOT) and the Federal Highway Administration (FHWA); and WHEREAS, Bloomington is willing to proceed with acquisitions relating to the portion of the Project lying within Bloomington, upon agreement with Richfield regarding reimbursement of certain costs. and expenditures incurred or to be incurred by Bloomington, the obligations of the Cities in the event the Project is discontinued, procedures and protections in the event of an insufficiency of Project Funds, and other relevant matters; NOW THEREFORE, in consideration of the mutual promises and mutual obligations of the Cities contained herein, each of them does hereby represent, covenant and agree with the other as follows. 1. Bloomington's Obligation. Bloomington shall be responsible for acquiring, in its name, interests in the parcels of land .that are appropriate and necessary for the construction of the :portions of the Bridge and its approaches lying within Bloomington. Such interests shall also include, without limitation, all temporary rights necessary in connection with the construction or design of the Project. The Cities shall agree on the interests to be acquired. Subject to Delay as described in Section 4, Bloomington agrees to use its best reasonable efforts to complete all such acquisitions by not later than May 31, 2008. S~ 2- 2. Richfield's Obligation for Bloomington's Costs. (a) .Payment of Bloomington's Costs. Subject to .the provisions of this Agreement, Richfield agrees to provide Bloomington with Project Funds sufficient to finance the cost of .said right-of-way acquisitions within Bloomington. The costs to be funded by Richfield- will be the actual costs incurred, expended or committed by Bloomington after August 29, 2007,-for the acquisition ofithe necessary right-of--way for the Project, including but not limited to the following (the "Right-of--Way Acquisition Costs"): • Subject to the provisions of Section 6, the purchase price for interests in land acquired for the Project whether by voluntary purchase or by condemnation, including severance damages and any other damages permitted by law and awarded to the owners, and any reimbursements required to be made to property owners as part of the acquisition. • Payment of claims for takings and damages alleged to result from the closure of freeway frontage roads pursuant to the Project. • Relocation payments made and expenses incurred as a result of any such acquisitions, including any relocation payments for utilities (if required.) • Costs and expenses incurred for-.any environmental issues that may arise from the acquisitions, including costs incurred for environmental review, testing, monitoring, remediation, and disposal, the costs incurred for environmental consultants, and any charges made by the MPCA. • Filing fees, service fees, commissioner fees and other similar fees and expenses incurred in condemnation actions. • Real estate taxes or installments of special assessments that are required to be .paid as a result of condemnation. • Interest payments required to be paid as a result of condemnation. • Abstracting and other title expenses. • Recording and filing fees, deed tax, and other closing costs and expenses for all real estate transfers. • Fees charged Bloomington by environmental, appraisal and relocation consultants and by outside counsel and other experts and consultants hired for the acquisitions. (b) Responsibility for Costs; Project Funds Not Available. Notwithstanding any other provision of this Agreement,- each City agrees to be responsible for any expense or cost that it incurs in connection with the acquisition of right-of--way for the Project, if the expense or cost is determined by the appropriate reviewing agency (MnDOT or FHWA) to be ineligible for reimbursement from Project Funds. 3. Right-of--Way Purchase Process, Timing and Approval of Payments (a) Bloomington will select an appraiser and one review appraiser for each parcel to be acquired, unless additional appraisals are mutually agreed upon for some parcels. Selection shall be from lists maintained by the Minnesota Department of Transportation. 5~~3 Relocation consultants, if needed, will also be selected by Bloomington from that list. (b) After appraisals and prior to making any offers of compensation, the Cities shall confer and agree upon the extent of the takings and the offers. (c) Bloomington shall not agree to settle any condemnation action, nor to enter into any purchase agreement, nor to pay relocation benefits which. exceed .110% of the review appraisal or 110% of the relocation consultant's determination of benefits, without first obtaining authority to do so from Richfield. It is understood that this paragraph (c) is only intended to limit Richfield's payment obligation, and does not prevent Bloomington from agreeing to pay a higher amount. (d) After receipt. of an owner's demand for damages or its. proposed damage claim, or in any event before condemnation commissioners' hearings, Bloomington shall- confer with Richfield concerning the settlement posture Bloomington should take in response to the demand or claim for damages. (e) In every instance in which a payment is being requested under this Agreement, including all cases where condemnation is being- undertaken by Bloomington, Bloomington shall give Richfield not less that 30 days notice of the date when Richfield .will be required to provide Bloomington with any funds. The request shall be accompanied by documentation reasonably necessary to verify the amount of the claim and whether it is covered by Section 2 above. Richfield shall make payment of the requested amount by the end of such period or notify Bloomington, in writing why the request is not being paid. Because timely submission and payment of claims is of vital importance to the Project, the Cities agree that they will attempt to formulate a clearly understood process for preparation, submission, review, and approval of all claims 4. Completion of Acauisition. Bloomington understands that time is of the essence with respect to the acquisition of the necessary right of way for the Project, and, accordingly, it agrees to use its best reasonable efforts to acquire that right of way. by May 31, 2008. The parties understand, however, that the acquisitions may potentially be delayed by a variety of reasons; it is therefore understood and agreed that Bloomington cannot and does not guarantee the completion of the acquisitions by said date. 5: Discontinuance by Richfield. Richfield may at any time elect to discontinue this .Agreement, and it shall notify Bloomington in writing of such election. In such event, Richfield's obligation to Bloomington shall be limited to those expenditures of Bloomington that are subject to payment by Richfield under Sections 2 and 3, but only to the extent that they cannot be mitigated by Bloomington following discontinuance. Examples of Richfield's continuing obligation would include: • Earnest money forfeited by termination of purchase agreements • Compensation awarded in any condemnation action in which. title passed to Bloomington prior to discontinuation by Richfield. • Any amounts assessed against Bloomington for the discontinuation of any pending condemnation actions. • Any consultant fees for work performed prior to discontinuance. 5~`~ • Any additional costs or expenses necessarily incurred by Bloomington as a result on discontinuation. 6. Refund by Bloomington of Project Funds Received. (a) Use by Bloomington For Non-Project Cit~urpose In the event that (i) Richfield discontinues this Agreement after an acquisition by Bloomington has become effective, but Bloomington elects to use the acquired property for a Non-Project City purpose, or, (ii) Richfield discontinues this Agreement before an acquisition by Bloomington has become effective, but Bloomington elects to complete the acquisition for aNon-Project City purpose; then, in either case, Bloomington shall refund to. Richfield the amount. of any Project Funds Bloomington had previously received for costs incurred in that acquisition. (b) Resale of a Parcel or Remnant. If a parcel is acquired in total by Bloomington pursuant to the Project and this Agreement, and the parcel or a remnant of that parcel is subsequently resold by Bloomington to a third party, the proceeds of such resale (less any costs incurred by Bloomington) shall be reimbursed to Richfield and the Project Funds. 7. Insufficiency of Project Funds. If, at any .time prior to the awarding of the contract for the construction of the Project, Bloomington believes that the available Project Funds are or may be insufficient to cover the projected Right-of--Way Acquisition Costs of the Cities, and it notifies Richfield of that belief, Richfield shall suspend the awarding of the contract until provision satisfactory to Bloomington has been made to cover such Costs; Richfield shall also reimburse Bloomington for any such Costs that have been incurred or for which Bloomington becomes obligated to pay because of the Project, the acquisition process, and its discontinuance or suspension. 8. Acquisition Responsibility OhILr. This Agreement relates only to the acquisition of the right of way- for the Project, and Bloomington does .not, by this Agreement, undertake or assume any responsibility for the maintenance of the Project that revise the current maintenance program for the Cities. 9. Transfer to Mn/DOT. Bloomington agrees that, as appropriate, it will transfer to Mn/DOT those rights and interests needed by Mn/DOT for transportation purposes. Electrical Service. Bloomington will, at its-own cost and expense, pay all monthly electrical service expenses necessary to operate the Traffic Control Signal and EVP System on the new Lyndale Avenue Bridge. (Bloomington will enter into a separate MnDOT agreement for that purpose.) 11. ,MnDOT as Lead AgencLr. In the event that MnDOT becomes the lead agency for the Project and assumes control of the Project Funds, provision satisfactory to Bloomington shall be made in any agreement with MnDOT for reimbursement of Bloomington's Right-of--Way Acquisition Costs. ~~ IN WITNESS WHEREOF, the parties have set their hands as of the day and year first above written. CITY OF RICHFIELD CITY OF BLOOMINGTON By BY Its Mayor, Debbie Goettel Its Mayor By By Its City Manager, steven Devich Its City Manager Reviewed and approved City Attorney AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 Consent 5L . 288 REPORT PREPARED BY: KRISTIN ASHER, ASSISTANT CITY ENGINEER • NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR n/ REVIEW: (j(.1 REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the City of Richfield's Proposed Surface Water Comprehensive Plan and approval of the plan triggering submittal to the Nine Mile Creek and Minnehaha Creek Watershed Districts, Richfield Bloomington Water Management Organization, and Metropolitan Council for aaencv reviews. I. RECOMMENDED ACTION: By Motion: Approve the proposed Surface Water Comprehensive Plan for the City of Richfield. II. BACKGROUND The Comprehensive Surface Water Management Plan for the City of Richfield has been developed to meet local watershed management planning requirements of the Metropolitan Surface Water Management Act and Board of Water and Soil Resources Rules 8410. It has also been developed to be in conformance with the requirements of the local Watershed District and Watershed Management Organizations, Metropolitan Council requirements, and applicable State and Federal laws. 1113Storm The Plan is intended to provide a comprehensive inventory of pertinent water resource related information that affects the City and management of those resources. Since in December 2006, the Community Services Commission has worked with staff toward developing the plan and prioritizing identified capital improvement needs within the community. At their regular meeting on October 16, 2007,- the Commission unanimously approved the plan and recommended the City Council adopt the plan. Consistent with the discussion at the October 23, 2007 Council Worksession, attached is the proposed implementation plan for the high priority projects expected to be completed in the next 5 years. III. BASIS OF RECOMMENDATION A. POLICY • The proposed plan is consistent with all regulatory agency requirements and will be submitted for agency reviews upon approval by the City Council B. CRITICAL ISSUES • An updated plan is required by the Metropolitan Council. C. FINANCIAL • The projects outlined in the plan will be completed using the 2006 Storm Sewer Utility Bond proceeds and ongoing Utility Fund proceeds as well as any competitive-grant dollars the City obtains. D. LEGAL, • None. IV. ALTERNATIVE RECOMMENDATION(S) • Do not approve the- plan at this time and direct staff on how to proceed. V. ATTACHMENTS • Proposed Comprehensive Plan Executive Summary, Figure III-7 (Problem Areas & CIPs), and table of High Priority Capital Improvement Projects. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. ~' SECTION 1 EXECUTIVE SUMMARY This Comprehensive Surface Water Management Plan for the City of Richfield has been developed to meet local watershed management planning requirements of the Metropolitan Surface Water Management Act and Board of Water and Soil Resources Rules 8410. It has -also been developed to be in conformance with the requirements of the local Watershed District and Watershed Management Organizations, Metropolitan Council requirements, and applicable State and Federal laws. This document and its referenced literature is intended to provide a comprehensive inventory of pertinent water resource related information that affects the. City and management of those resources. Section II Section 11 of this plan provides an introduction and purpose. The Surface Water Management Plan has been developed to provide the City with direction concerning the administration and implementation of water resource activities within the City. -This plan is intended to meet the requirements for a local surface water management plan as required by the Metropolitan Surface Water Management Act and be in conformance with Board of Water and Soil Resources (BWSR) Rules Chapter 8410. This section also lists the personnel contacts involved in the assistance and implementation of this plan, including the staff from the Minnehaha Creek Watershed District, Nine Mile Creek Watershed District, and Richfield-Bloomington Watershed Management Organization. Section III Section I11 of this plan provides an inventory of land and water resources within the City including a general description and summary of data related to precipitation, geology, topography, flood problem areas, existing flood insurance studies, water quality, water management ordinances, surface and ground water appropriations, ground water, soils, land use, public utilities services, public areas for water-based recreation and access, fish and wildlife habitat, unique features, scenic areas and pollutant source locations within the City. A number of maps were also developed as part of the Plan to assist in .summarizing this information. Section IV Section IV of this Surface Water Management Plan provides an assessment of the existing and potential water resource ,related concerns within the City. These concerns were identified based on an analysis of the land and resource data collected as part of this plan preparation and through public input. A number of problem areas were identified through the plan development process. This section summarizes the problems and corrective actions that were identified through this process. Section V Section V of this plan outlines water resource management related goals and policies of the City. Goals and policies have been developed for the City concerning water quantity, water quality, recreation, fish and wildlife management, enhancement of public participation, information and education, public ditch system, ground water, wetlands, and erosion. City of Richfield Section I -Page 1 WSB Project No. 1532-12 October 2007 ~~ .~ SECTION I Section VI Section VI outlines .implementation priorities and develops an implementation program. This section contains a prioritized listing of the studies, programs and capital improvements that have been identified as necessary to respond to the water resource needs within the City. The implementation period identified within this report for the programs, studies and capital improvements is for 10 years or more from the adoption of this plan. Many of the improvements noted in the plan will most efficiently be implemented over time, as development occurs in-the affected areas. This plan is to be used for planning purposes only. Detailed feasibility analysis has not been completed to develop this section; therefore, cost estimates are subject to change and update as more detailed information is obtained. Section VII Section VII discusses the financial considerations of implementing the proposed regulatory controls, programs and improvements, which have been identified in this plan and their financial impact on the City. Funding sources available for implementing the policies and corrective actions identified within this plan are included. The plan indicates that the majority of funding for the policies and corrective actions will be from the City's Storm Water Utility Fund. Other possible funding sources for the implementation of this plan include special assessments and grant monies, which may be secured from various local, regional, County, State or Federal agencies. Section VIII Section VIII discusses the procedures to be followed in the event this Surface Water Management Plan is amended. Once this Surface Water Management Plan is approved, no significant changes to this plan can be facilitated without the approval of the proposed revisions by the Watershed Management Organizations and Districts within the City that are affected by the change. Significarit changes to the plan shall be made known to the Mayor, City Council, City Staff, the Metropolitan Council, and the affected Watershed Management Organizations and Districts within the City. Appendices Appendices are included in the back of the plan and are summarized below. These documents are included because they provide supporting information to the main body of the plan. Appendix A: Water Resource Related Agreements. This section contains copies of any agreements that the City has entered into regarding water resource management. Appendix B: Storm Water System Modeling Information. A summary of the storm water model that was developed for the City is included in this appendix. This includes drainage areas, high water levels, and peak discharge rates. Appendix C: FEMA Flood Insurance Study. Letters from FEMA indicating that the City does not contain any FEMA designated flood plains is included in this appendix. City of Richfield Section I -Page 2 WSB Project No. 1532-12 October 2007 ~t~3 SECTION I Appendix D: NPDES Phase II Information. A copy of the NPDES permit application is included in this appendix. Appendix E: MnRAM Data. In 2000, the City completed a MnRAM assessment of all of its wetlands. The results of this effort are shown in this appendix. Appendix F: Overview of Permitting Program. A summary of the City's permitting program, along with other agencies' permitting programs, is provided in this appendix. Appendix G: Problem Area Summary. A summary of the water resource problem areas within the City is provided here. These include past problem areas that have been addressed, areas that have not yet been addressed, and new problem- areas that have been noted in 2007. Appendix H: Ordinances.. The City's water resource related ordinances are included in this appendix. The most up-to-date ordinances are available on the City's web-site at vvww.cityofrichfield.org. Additional material is referenced .within this report and is available from the Engineering Department. This document is expected to be a 10 year Surface Water Management Plan, after which time this plan should be updated. However, if significant changes to the plan are deemed necessary prior to that date the City may revise this plan in-its entirety. City of Richfield WSB Project No. 1532-12 Section 1-Page 3 October 2007 ~ ~,- • ;`+. ~~ S ~ Z m ^ O C31 O C37 O ~ O 2 ®~ ~ ~ ~ O ~ ~ G ~ '": O ~ ~ ~ ~ Q. ~ ~ ~ ~ r3-~ 'Q ~ r-t• n ~ ~ ~ ~' y ~ rt ~ ~ ~ ~ ~' ~ ' 17 C~~~_ ((^~ ~ m fir ~ ~ ~ ~` ~e ~ ~ ~ ~ ~ ~ ~ (~ ~ ,~ ~ ~ ~ ? ~ O -ti ~ ~ `. y O ~ n ~ ~ ~, ~ ~ ~, ~~ ~, . ,a.._~,,.~ FranceAve?; --- i w T '3 ~ iv S . N ~ a~ 7 EwingA - f ~ @ a ~ ve s v A `C s uaMO40 4 nd N - ~ m -Drew Ave ~ a °o v n » ~ R t? ° ~ I ~ ~ ~ ~ ^n Colony Way °'b'Pt y /I f a Edtnborough Way . . c ~ ~- s m ~ a :Beard Ave. a ~ , , y Barrie Rd G N~ Abbott Ave T ~ York AveS g y ® '~ Zenith Ave 'n f' York Ter York AveS N ~ ~ 1 ~ York Ave W is Xerxes Ave S~ ^Ii r.~ ~ otw er gsl~rwrloll.. 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PIIlsburyAve 5 Wentworth AveS T H N r p w ~ Blaisdell AveS N r ~ ~ ~ s g Chicago Ave mtoT" R ~ ~ s~ Elliot AveS w Eliimt AVeS • ~~ ~ ~ ~ 10th AveS ®~ n'th St 11th AveS 99th AveS Zan 4vr s ( ~ n 12th Ave 5 , 13th Ave S.. m ~ f -- Nicolle t AvelS m w m u 4 N Nlcollet AveS ~. ~ w i a ~ N i =' slAve s .. r ~~. r ~ Stevens AveS - m ~ G Stevens AveS ~ A m J m 3 ~ 1 2nd AveS r?+ a m m m ~ ~` ~ a y w u 2nd AVeS QoZ9 3 N a ~ 3 ~ y ~ ~ A ~ rd AveS W ® N p N V > 3rd Ave 5 ~ Clinton AveS v °!v Clinton AveS ~ ~ -4th AveS ~y S ~ ~ m ~ W 4th AveS Ave S ~ I A ~ w m° m _ m `O ~ ~ CD - 5th AveS r ~ Portland AVeS I a w r m -~" -~ ^ _ ~ S Portlanrd Ave 5 d ^ Oakland Ave S. s ~ n w r m R s $ _ ~ o. 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N ~ ,O ~ N r 0 o - L ~- d _. _ o ~ , O d V7 N G 41 ce ° i - W rn o ; V W ~ ~ N o o _ ~ O ~ ~ a a ~ o ~ ~ o 0 ~ 0 0 T _ ~^ O O ~ ~ CNj ~_ -O. ~ _ l0 O O ~ M ~ M W G Ef-J: c~ _ cry J m ! o - = _ O ~ o d °o N - - N `~ ,_ Q _ _ ~ c0 ~ M a~ ~. ~ m a~ - U O 7 O `E~ ~ ~ Ej E~ ~ - ~~r -E- ~ ~ ~ o o o o~ _-o -- o .r .~ S o o' o = ~`` o ` o. . o .Q ,~ ~ w ~ ~ ~. a ~ _ O ~~. CO N ~ ~ O ~ O ~ `V ~ sJ - O' ~ C ~^ .p~ N ~ ~ .-. ~ d ~ . .. C ~~ d -~ C ~ w ~ ~ O '~ C? J O ~ z - - ~ .a _ ~ .y a .- m ,a~ N ~ ~ . is V Q1 ~ U a~ a a~ Y O a~ a ~ a~ a ~ > ~ a~ , ~ L ~ ~ O ~ ~ ~ ~ a~ a~ . m ~ --- ~ ~ m az -- N O _ ~ ~ ~ ~- ~' a a ~ ~, °o ~ a ~`..Z N M V _. tf~ ~ ~ U O AGENDA SECTION: Consent AGENDA ITEM # 5M REPORT # 2 g q ~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, T/TLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR r REVIEW: L REVIEWED BY CITY r MANAGER: L ITEM FOR COUNCIL CONSIDERATION: Consideration of a Maintenance Agreement between The Gramercy Club at City Bella d.b.a. Cit Bella on L ndale and Kirchbak Gardens, Inc. and Cit Bella Commercial. I. RECOMMENDED ACTION: By Motion: Authorize the City Manager to sign the attached Maintenance Agreement between The Gramercy Club at City Bella d.b.a. City Bella on Lyndale and Kirchbak Gardens, Inc. and City Bella Commercial. II. BACKGROUND The recently installed streetscape adjacent to Lyndale Avenue and 66th Street requires maintenance. The attached Agreement amongst the three parties noted provides for the maintenance and insuring of the facilities. III. BASIS OF RECOMMENDATION A. POLICY • .The City is typically responsible for streetscape improvements. By operation of a Boulevard Permit, a portion of the improvements 111307 City Bella Main Agreement impinge on City right-of-way. This Agreement places the responsibility for maintenance of the streetscape project on the three parties noted above. B. CRITICAL ISSUES • Matters related to maintenance and liability are provided for in this Agreement and become the responsibility of the three parties noted excluding the City. C. FINANCIAL • The three parties have assumed financial responsibility for the streetscape excluding the City. D. LEGAL • The City Attorney has opined that it is appropriate for the City to acknowledge and accept this Agreement. IV. ALTERNATIVE RECOMMENDATION(S~ • Refuse to authorize signing of the Agreement. V. ATTACHMENTS • Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A ~~i MAINTENANCE AGREEMENT The Gramercy Club at City Bella dba City Bella on Lyndale And Kirchbak Gardens, Inc. THIS MAINTENANCE AGREEMENT is entered into this o°;~~y of ~-1-~'""'r~`~ 2007, by and between The Gramercy Club at City Bella, a M~.nnesota cooperative corporation dba City Bella on Lyndale, hereinafter referred to as "City Bella", City Bella Commercial, L.L.C., a Minnesota limited liability company, hereinafter. referred to as "Commercial", and KIRCHBAK GARDENS, INC., hereinafter referred to ws "Kirchbak". WHEREAS, City Bella is the owner of the property legally described on Exhibit A attached hereto, located in Hennepin County, Minnesota, which property contains a 144 unit multifamily cooperative residence at 6600 and 6640 Lyndale Avenue South, Richfield, Minnesota (hereinafter referred to as "the Property"; and WHEREAS, the City of Richfield and the developer of the Property have determined to use certain grant funds to upgrade the lighting and landscaping along Lyndale Avenue, said upgrade development being referred to as "City Bella Streetscape"; and WHEREAS, the owners of Kirchbak Gardens, Inc. have agreed to place certain public art sculptures known as "Jetstream" by Bruce Stillman, "Mayor on Bench" by Jane Frees-Kluth, and "The Quest" by Paul Tierney, all of which are to be located along Lyndale Avenue as a part of the City Bella Streetscape and are referred to as "the Kirchbak Sculptures" herein; and WHEREAS, Commercial is an owner of the first floor commercial space at the Property and is willing to provide maintenance services for the Kirchbak Sculptures at the Property; and WHEREAS, City Bella has agreed to such upgraded development of City Bella Streetscape and to allow the Kirchbak Sculptures to be located on the Property provided that the ownership of the Kirchbak Sculptures and responsibility for maintenance and casualty insurance on the Kirchbak Sculptures are not its responsibility; and WHEREAS; Commercial has agreed to assume responsibility for maintenance of the Kirchbak Sculptures, City Bella has agreed to maintain the plantings of the pots and the planters, and Kirchbak has agreed to provide casualty insurance on the Kirchbak Sculptures; and WHEREAS, the parties desire to memorialize the terms of ownership, insurance and maintenance of the Kirchbak Sculptures in this agreement; NQW, THEREFORE, in consideration of the premises and the mutual covenants and conditions contained herein, the parties hereto agree as follows:. 1. City Bella agrees to allow Kirchbak to place the Kirchbak Sculptures on the .Property so long as Kirchbak provides for the insurance and Commercial provides for maintenance of the Kirchbak Sculptures. 2. Commercial agrees to perform all necessary repair and maintenance of the Kirchbak. Sculptures. 3. City Bella agrees to continue to maintain the public sidewalks and landscaping around the Kirchbak Sculptures and the Property, including the plantings in the pots and planters, at its own cost. 4. Commercial confirms. that the costs of maintenance by City Bella for -the City Bella Streetscape elements shall be included among those responsibilities identified in the Easements between Commercial and City Bella wherein 200 of the grounds maintenance shall be billed to Commercial. 5. Kirchbak agrees to obtain policies of casualty insurance on the Kirchbak sculptures at its own cost and to provide .evidence of such insurance to the. Office Manager of City Bella on an annual basis. 6. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties hereto. 7. This Agreement shall be construed in accordance with and governed by the laws of the State of Minnesota. Executed as of the date first above written. KIRC ENS, INC. BY: J umgarner Its e en CITY M[~ C , L.L.C. BY : ~~~ s -~' ari He~lry Susee Its Chief Manager ~~ / ~. Kirchbak Maintenance Agreement ~~-3 THE GRAMERCY CLUB AT CITY BELLA DBA CIT BEL ON LYNDALE BY Robert Schmie President of the Boa d of Directors STATE OF MINNESOTA) )SS COUNTY OF HENNEPIN) ~ ,n /,,, The foregoing was acknowledged before me this ~~S"day of < , 7-~.,1yt 6~~-- 2007, by J.T. Bumgarner, the President of Kirchbak Gardens, In Minnesota cor oration, on -l.t~,the corporation. ~~, STATE OF MIN SETA) =~° ~ '" )`SS ;:' F CYNTHIA I_ CHAfJIBERLIN COUNTY OF HENNEPIN) ~~ NoTnF3v ~ur~l..u; - r;uNNFSOTn ".~ ~ E9y Coin m. [ zpi nt :. J:;n. 31. 201 `/- ~, _. The foregoing was acknowl day o ~.. 2007, by Jan Henry Susee, the Chief Manager of City Bella Commer ial, L.L.C., a Minnesota limited liability company, on behalf of the limited liabil't~y~~~rmp~r~y~~~ CYNTHiA L CHA[VIBERLIN '~ NOTARY F'U F3LIC ~ L1IN NFSOTA .k,, f~t ray Comm. Expires Jan. 3i. 2010 Nota Public STATE OF MINNE ¢A ~a ) SS COUNTY OF HENNEPIN) The foregoing was acknowledged before me this ~ /~ay of ~~~~.,/Y1~~ 2007, by Robert Schmiege, the President of the Board of Directors of The Gramercy Club at City Bella, a cooperative corporation under the laws of Minnesota, dba City Bella on Lyndale on behalf of the cooperative corporation. ~~~~~~ ~~~ CYNTHIA i. GHAMBERLIN NOTARY PUE3t IC t:1iN NFSOi A. ~~ r;ty Com ni ('r.un rc Jan 1'. 20'0 . ~. Not ry Public THIS INSTRUMENT DRAFTED BY: SUSEE & LEE, LTD. 6640 Lyndale Avenue South #100 Richfield, MN 55423 612/861-8531 AGR\MAINT Kirchbak Maintenance Agreement ACKNOWLEDGEMENT AND ACCEPTANCE ~++~~/ BY THE CITY OF RICHFIELD On this day of 2007,. , the of the City of Richfield, hereby acknowledged acceptance of the foregoing Maintenance Agreement between The Gramercy Club at City Bella dba City Bella on Lyndale, City Bella Commercial, L.L.C., and Kirchbak Gardens, Inc. CITY OF RICHFIELD BY: Its Kirchbak Maintenance Agreement AGENDA SECTION: Consent AGENDA ITEM # JAI REPORT # 2 q ~ , STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: BETSY OSBORN ,ADMINISTRATIVE SUPPORT SERVICES MANAGER NaNrr. TITI E COUNCIL PRESENTER: NAMG, Tirrc DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2008 for Metro Pawn and Gun, Inc. and University Cash Company, LLC d/b/a Avi's Pawn and Jewelr . I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 11, 2007, for the renewal of pawnbroker and secondhand goods dealer licenses for 2008 for: • Metro Pawn and Gun, Inc.; and, • .University Cash Company, LLC d/b/a Avi's Pawn and Jewelry. II. BACKGROUND The pawnbroker and secondhand goods dealer licenses will expire on January 1, 2008. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. 1113 Set PH for Renewal Pawnbroker and Secondhand Goods Licenses Holding the public hearing on December 11, 2007 will provide ample time to complete the licensing process before January 1, 2008. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council must conduct a public hearing to consider all pawnbroker and secondhand goods dealer license renewals. B. CRITICAL ISSUES N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 50 REPORT# 291 ~;~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: BETSY OSBORN, ADMII~TISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2008 for Red Pepper Chinese Restaurant; Thompson's Fireside Pizza; Aribel's Restaurant; Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; Naviya's Thai Restaurant; Patricks Bakery & Cafe; and The Noodle Shop -Colorado, Inc., d/b/a Noodles and Company. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 11, 2007, for the renewal of on-sale wine and on-sale 3.2 percent malt liquor licenses for 2008 for: • Red Pepper Chinese Restaurant; • Thompson's Fireside Pizza;. • Aribel's Restaurant; • Chipotle Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill; • Naviya's Thai Restaurant, • Patrick's Bakery & Cafe, and, • The Noodle Shop -Colorado, Inca d/b/a Noodles and Comganv. 1113 Set PH for Renewal of On-Sale Wine and 3.2 Malt Liquor Licenses IL BACKGROUND The on-sale wine -and on-sale 3.2 percent malt liquor licenses for restaurant establishments will expire on January 1, 2008. Hearings must be scheduled. and held before a renewal license may be considered. The renewal process has been .initiated. Holding the public hearing on December 11, 2007 will provide ample time to complete the licensing process before January 1, 2008. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance provides that the City Council conduct a public hearing to consider all on-sale wine and on-sale 3.2 percent malt liquor license renewals: B. CRITICAL ISSUES • N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: Consent AGENDA ITEM # 5 p . REPORT# 292 .STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: COUNCIL PRESENTER: BETSY OSBORN, ADMII~TISTRATIVE SUPPORT SERVICES MANAGER NAME. TITLE NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of on-sale intoxicating and Sunday liquor licenses for 2008 for Khan's Mongolian Barbeque; Minneapolis-Richfield~American Legion Post 435; Fred Babcock VFW Post No. 5555 d/b/a Four Nickels Food and Drink; Don Pablo's Operating Corporation d/b/a Don Pabto's; Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; The Frenchmans; Taco Morelos; and Jun Bo Chinese Restaurant, and setting date of public hearina. I. RECOMMENDED ACTION: By Motion: Approve a public hearing to be held December 11, 2007, for the renewal of on-sale intoxicating and Sunday liquor licenses for 2008 for: • Khan's Mongolian.Barbeque; • Minneapolis-Richfield American Leggion Post 435; • Fred Babcock VFW Post No. 5555 d7b/a Four Nickels Food and Drink• • Don ~ablo's Operating Corporation d/b/a Don Pablo's; • Wiltshire Restaurants, LLC d/b/a Houlihan's Restaurant & Bar; • The Frenchmans; • Taco Morelos, and, • Jun Bo Chinese Restaurant. 1113 Set PH for Renewal of On-Sale Intoxicating and Sunday Liquor Licenses II. BACKGROUND The on-sale liquor licenses for restaurant establishments will expire on January 1, 2008. Hearings must be scheduled and held before a renewal license may be considered. The renewal process has been initiated. Holding the public hearing on December 11, 2007 will provide ample time to complete the licensing process before January 1, 2008. III. BASIS OF RECOMMENDATION A. hOLICY • City ordinance provides that the City Council must conduct a public hearing to consider all liquor license renewals. B. CRITICAL ISSUES N/A C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • Schedule the hearing for another date. However, this may delay the licensing process. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None STAFF REPORT AGENDA SECTION AGENDA ITEM # REPORT # CITY COUNCIL MEETING NOVEMBER 13, 2007 Consent 5Q 293 REPORT PREPARED BY: COUNCIL PRESENTER: i DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: NAML; TITI E ITEM FOR COUNCIL CONSIDERATION: Consideration of the renewal of the contract with Chiefs Towing, Inc. for Public Safety towing services for December 1, 2007 throu h November 30, 2008. I. RECOMMENDED ACTION: By Motion: • Approval the renewal of the attached contract for Public Safety towing services, December 1, 2007 through November 30, 2008 between the City of Richfield and Chief's Towing, Inc., 8610 Harriet Avenue South, Bloomington, MN. • Approve an increase of 3.3% in all prices for all categories of services; revised proposal attached. II. BACKGROUND The City currently has a contract with Chief's Towing, Inc. for Public Safety towing services. Chiefs Towing, Inc. was awarded the contract for 2007 and would like to renew the contract for the year 2008, as the contract expires on November 30, 2007. The contract can be automatically renewed if both parties agree to the renewal and if Chief's notifies the City in writing 30 days in advance of the expiration of the contract that they wish to renew. JAY HENTHORNE, POLICE LIEUTENANT 1113 Chiefs Towing Contract Renewal Chief's Towing, Inc. is located in the City of Bloomington and previously contracted with the City of Richfield for Public Safety towing services. Their performance during the previous contract period was satisfactory. They meet all requirements stated in the contract and currently tow for Blooming Police, as well III. BASIS OF RECOMMENDATION A. POLICY • Chiefs notified the City that they wish to renew the contract for 2008. • -The Public Safety Department wishes to renew the contract with Chiefs Towing, Inc. • Contracts for services need not be competitively bid. • The contract has numerous conditions that must be met. Chief's Towing, Inc. is a reputable, established towing business that meets alf contract requirements. B. CRITICAL ISSUES • A six-month notice must be given by either party in writing to terminate the contract. • On December 1,.2007, Public Safety must have towing services. This is particularly important with the possibility of snow emergencies occurring at any time. • Chiefs is a large towing company that can handle-the needs of Public Safety regarding seizure/impound vehicles and comply with City ordinances that a smaller company could not handle- effectively. ~ C. FINANCIAL • The current contract with Chiefs reflects rates from 2007. Rates will increase 3.3% for the period December 1, 2007 -November 30, 2008. This is based upon the Consumer Price Index as it relates to the St. Paul/Minneapolis area. • There is adequate funding in the Public Safety budget to cover the increased costs. D. LEGAL • The City Attorney has reviewed and approved the past contract with Chiefs Towing, Inc. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not sign the contract. However, Public Safety must have towing and impounding services beginning December 1, 2007. ~ V. ATTACHMENTS ~ • 2007-2008 Contract with Chiefs Towing, Inc. • Price Sheet for Towing, Impounding & Storage VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. /I ~~ AGREEMENT BETWEEN THE CITY OF RICHFIELD AND CHIEF'S TOWING, INC. FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES THIS AGREEMENT is made this 30th day of November, 2007, between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423 (hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the "Contractor") WITNESSETH WHEREAS, the City has a need to contract for the towing, impounding and storage of motor vehicles; and WHEREAS, the City requires that the towing operators are located within three (3) miles of the City limits; and WHEREAS, the Contractor is the operator of a towing and storage facility within three (3) miles of the City limits and has the expertise and capabilities to provide the required services; NOW THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from December 1, 2007, to November 30, 2008, subject to termination as provided in Subdivision V. II. DUTIES OF CONTRACTOR A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered removed under the direction of the police chief, or the fire chief, of the City of Richfield or their authorized and legal representatives. The Contractor shall be entitled to a charge for its towing and storage services pursuant to those fees specified in the Contractor's Proposal (Exhibit B). It is agreed that neither the City nor the Richfield ~~'~ Police Department is responsible for any charges as a result of towing and/or storage, with the exception of those vehicles identified by the Police as subject to forfeiture, and that the Contractor assumes liability for any unpaid charges. B. The Contractor agrees to provide the services, as proposed, and perform all other terms and conditions according to the City's Specifications and the Contractor's Proposal, incorporated by reference herein as Exhibit A and Exhibit B. C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Contractor's (including its officials, agents or employees), performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Contractor. D. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Contractor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Contractor and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the S~ -3 Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. F. The Contractor agrees to maintain for the full term of this Agreement, the following minimum insurance coverage: a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability. b) Workers' Compensation insurance covering all employees of the Contractor, or his agents, in accordance with the Minnesota Workers' Compensation Law. Certifications of insurance must be filed with the City and shall include a provision that states the insurance company shall give the City at least 25 days written notice prior to cancellation, non-renewal, or any material change in the policy. The Contractor further agrees to name the City of Richfield as additional insured on said comprehensive general liability policy. ~~~~ G. The Contractor agrees to furnish on or before the date this Agreement becomes effective, an acceptable corporate surety bond in the amount of $10,000, payable to the City of Richfield and subject to approval by the Richfield City Attorney, for the faithful performance of all duties and obligations imposed under the terms and conditions of the Agreement. III. DUTIES OF THE CITY The City agrees to pay the Contractor the flat rate charge of $140.58 per vehicle for the towing and storage of vehicles identified by the Police Department as subject to forfeiture and which are subsequently released to the Police Department. IV. MISCELLANEOUS A. This agreement represents the entire Agreement between the Contractor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought, alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 5~'~ 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to comply with all applicable local, state and federal laws, rules and regulations in the performance of the duties of this contract. D. This Agreement shall not be assignable except at the written consent of the City. E. The books, records, documents, and accounting procedures of the Contractor, relevant to this Agreement, are subject to examination by the City, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4. F. The City and the Contractor agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1821 University Avenue, St. Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and commence such action prior to the expiration of the applicable statute of limitations. V. TERMINATION Either party may terminate this Agreement for any reason upon giving six (6) months advanced written notice to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. ~~/~ CITY OF RICHFIELD DATED: gy. Its Mayor DATED: gy. Its Manager CHIEF'S TOWING, INC. DATED: gy. Its: 5 ~~~ EXHIBIT A 2007-2008 SPECIFICATIONS TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES GENERAL: It is the intent and purpose of these specifications to specify and detail the requirements for the Towing, Impounding and Storage of Motor Vehicles for the City of Richfield 24 hours per day, 365 days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the Fire Chief, or their authorized and legal representatives. The contract for service shall commence on December 1, 2007 and terminate on November 30, 2008. The City reserves the right to extend the contract for additional (1) one year periods if such an extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval of the Richfield City Council. At the time of contract extension, the contractor may request a price increase for all categories to be effective during the contract extension period. Any requested increase shall not exceed the Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield City Council. Application for extension and price increases or decreases shall be initiated by the performing contractor, must be submitted in writing and be in the hands of the proper Director of 'ublic Safety at least sixty (60) days prior to the date of contract expiration. All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance with Minnesota Chapter 1686 and any section of the Richfield City Code related thereto. SPECIAL PROVISIONS: 1. The contractor must own or have direct access to satisfactory equipment and trained, available personnel, in order to provide immediate and prompt service as ordered and requested by the authorized City officials. 2. The contractor must own or have available within (3) miles of Richfield's city limits the following equipment as a minimum: A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped with a crane and winch, and further equipped to control the movement of the towed vehicle, and B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies or low-bed trailers. A listing of all equipment to be utilized shall be submitted to the City. Such listing shall show the make and model of all equipment available for use under this contract, along with size and all other pertinent information, such as specialized equipment not necessarily herein specified, but which may be a factor in performing effectively and efficiently. 5a'~ All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that equipment condition is in conformance with the terms and conditions of the specifications and the contract. 3. All storage and parking lot facilities and all equipment to be used by the contractor under this contract must be located within (3) miles of Richfield's city limits. The. storage and parking lot facilities must meet all of the applicable State building code standard and municipal license and zoning requirements, including those relating to screening and landscaping of the City in which the facility is located. 4. The facilities proposed to be utilized under this contract must have the capability of storing a minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of (25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Richfield as identified in these specifications. When a direction is .given to store a unit inside, such directions may be accompanied by certain instructions for security measures to be employed. The security responsibilities become the responsibility of the storing agent while the unit is in their keeping. 5. The Contractor performing under this contract shall assume all and full responsibility for the conduct of his/her employees. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, will provide safe and adequate equipment (as herein specified), be clean and neat in appearance, use decent language, free of profanity, and treat the public courteously at all times. Request for service from the Richfield Police Department must be aiven priority by all dispatchers. Failing to meet any or all of the requirements of this section may result in cause for terminating the contract at any time as per the conditions specified for contract termination. 6. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. 7. The performing contractor must agree to maintain proper records of all vehicles received. The record keeping system shall meet the approval of the Richfield Public Safety Director and records are to be available at all times for inspection by authorized City officials. The records must include a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public Safety Director detailing all vehicles stored or released during that current month. All contents of such reports shall meet the approval of the Richfield Public Safety Director. 8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield Public Safety Director, except for private tows. 9. While performing under this contract and under these specifications, the Contractor or their designated representative(s) must be present at the storage facility six (6) days a week, Monday through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays) and from 12:00 p.m. (noon) to .1:00 p.m. each Sunday and all legal holidays, for the purpose of releasing vehicles to authorized claimants. Police requested releases will be handled anytime. 5~ ~~ 10. It shall be agreed under this contract that motor vehicles will not be driven at anytime during the towing procedure. In the event that the vehicle is without tires or has flat tires, the performing Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow any vehicle on its rims, on wheels without tires, or on flat tires. 11. Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing Contractor, in addition to the physical removal of the vehicle, assumes full responsibility for removing any vehicular parts or other debris, excluding liquids and other commercial cargo, resulting from the accident. This clean-up is to be completed without any additional compensation. 12. The performing Contractor shall be entitled to a charge for his/her towing and storage services pursuant to the fees submitted in the accompanying bid proposal. The Contractor shall agree that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE: This Provision and these Specifications are in no way a law or regulation relating to "price, route, or service of any motor carrier. with respect to the transportation of property," under 49 U.S.C. Sec. 14501(c)(1)(1997). 13. If an involved private owner/operator makes a timely request for a tow by other than our Contractor, such request shall be honored by the Police Department. In either instance, the owner/operator is solely responsible for all associated charges. 14. For vehicles identified by the Police Department as subject to forfeiture, and subsequently released to the Police Department pending the outcome of forfeiture proceedings, the performing contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles identified by the Police Department as subject to forfeiture to the City. 15. Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond their control, the authorized City officials shall be immediately so informed, and the right is hereby reserved to call another service to perform the work. If, at any time, it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor retained under this contract responsible for any additional charges over and above the fee schedule recorded in this bid proposal. Such charges shall be assessed only if the response time is due to negligence or laxity on the part of the contractor, which negligence might include equipment failure. 16. The Contractor performing under this contract shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, and rules and regulations that are presently in effect, or which may hereafter be adopted. 17. No alterations or modifications of the terms of this contract shall be valid unless made in writing and signed by authorized representatives of both parties hereto. ~~,f~ 18. In the event of a breach by the Contractor of any terms or conditions of this agreement, the City shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith. 19. Either party may terminate this contract upon the serving of such termination notice to the other, in writing, (6) six months prior to the intended termination date. 20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous place in the Contractor's place of business. INSURANCE: The successful Contractor shall not commence work under this contract until the specified insurance coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates of insurance or documentation thereof indicating that all specified insurance have been obtained and are in full force. The City of Richfield shall be named as an additional insured on said comprehensive general liability policy. The following coverages are required as minimums: 1. Public Liability. Insurance: $1,000,000 Comprehensive General Liability (including assault and battery). 2. Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits. 3. Garage Keepers' Legal Liability. 4. Workers' Compensation Insurance covering all employees of the Contractor, or his agents, working under this contract in accordance with the Minnesota Workers Compensation Law. The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the .event any policy is canceled or a material change is effected and each policy must contain a provision that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change has been effected. PERFORMANCE BOND: On or before the date that the contract between the City and the Towing service becomes effective, the Contractor shall file with the Richfield City Clerk an acceptable Corporate surety bond in the amount of $10,000, payable to the C'rty of Richfield and subject to the approval by the Richfield City Attorney for the faithful performance of all duties and obligations imposed under the terms and conditions of the contract. 5~,r{ REVISED PROPOSAL FORM CITY OF RICHFIELD, MN PROPOSAL FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLES TO THE CITY COUNCIL, CITY OF RICHFIELD CONSUMER PRICE INDEX INCREASE 12/01/06 12 MONTHS THROUGH ENDING 6/30/06 11/30/07 3.3% Towing of impounded cars ,trucks (under 1-1/2 ton capacity), motorcycles, all-terrain vehicles, snowmobiles and unattended utility trailers .towed within the City of Richfield $71.95 Towing charge for the same from outside the City of Richfield $71.95 Mileage charge for same $2.45 Towing of trucks (larger than 1-1/2 ton capacity) within the City of Richfield $119.90 Towing charge for same from outside the City of Richfield $119.90 Mileage charge for same $3.30 Use of Winch with a tow Use of winch w/tow light duty (per 15 min. intervals) $17.95 Use of winch w/tow heavy duty (per 15 min. intervals) $30.00 Use of Dolly $17.95 Use of low-bed trailer or truck $89.95 (Flatbed Required) Storage Charges Inside Storage charges for first 24 hours or Fraction thereof: $32.35 Outside Storage charges for first 24 hours or Fraction thereof: $24.00 Inside storage charges for each additional 24 hours Or fraction thereof: $32.35 Outside storage charges for each additional 24 hours Or fraction thereof: $24.00 Forfeitures Vehicles forfeited to the City of Richfield $140.58 City Owned Vehicles Towing of City vehicles less than 1 ton (within the City $35.00 Mileage charge for same outside of Richfield $2.45 *All items rounded to the nearest dollar $2.37 $2.37 $0.08 $3.96 $3.96 $0.11 $0.59 $0.99 $0.59 $2.97 $1.07 $.79 $1.07 $0.79 $4.64 $1.16 $0.08 EXHIBIT B 12/01/07 THROUGH 11 /30/08 $74:00* $74.00 $3.00 $124.00* $124.00'` $3.00* $19.00* $31.00* $19.00* $93.00* $33.00 $24.00* $33.00* $25.00 $145.00* $36.00 $3.00 www. ch iefstowi n q. com AGENDA SECTION: ~'.nn ~ en t AGENDA ITEM # 5R REPORT # ~ o /, ~i STAFF REPORT CITY COUNCIL MEETING `NOVEMBER 13, 2007 REPORT PREPARED BY: KRISTIN ASxER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a Contract for Demolition of Four Single-Family Houses for the upcoming 66tH Street & Portland Avenue Intersection ro'ect. I. RECOMMENDED ACTION: By Motion: Award contract for demolition of the properties located at 6613, 6617, 6621, and 6625 Portland Avenue South in Richfield, based on bid tabulation, to Shade Tree Construction, including identifying awarding contract to alternate bidder #1 to Wickenhauser Excavating, Inc.. should Shade Tree Construction not be able to perform. II. BACKGROUND -The properties located at 661.3, 6617, 6621, and 6625 Portland Avenue were purchased for the 66th Street and Portland Avenue Intersection project. All four properties are currently vacant and, as such, are potential nuisances for the community. Vacant properties are expensive for the- City to insure and moving forward with the demolition this fall/winter will help keep the project on track next year. The neighbors have been notified of the upcoming demolition. Upon approval of this contract, the demolition is tentatively scheduled to begin in-early late 1113demohomes November/early December. The contractor has 60 days to complete the demolition once the contract is awarded. III. BASIS OF RECOMMENDATION A. POLICY • Shade Tree Construction was the lowest, responsible bidder that submitted bids for the demolition work. • Demolition and site clearance is necessary for the upcoming roadway project. B. CRITICAL ISSUES • Vacant property is expensive for the City to insure and is considered a nuisance to the neighborhood. C. FINANCIAL • Bids ranged from $31;050 to $104,380. • Shade Tree Construction is the low bidder at $31,050: • Wickenhauser Excavating, Inc. is the alternate bidder at $43,200. • .Municipal State Aid (MSA) funds will be used for the demolition and site preparation. D. LEGAL • The City is required to accept the lowest, qualified bidder. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not authorize the Mayor and City Manager to execute the agreement and include the demolitions as part of the intersection project next spring. • The City may choose to reject all bids and direct staff to obtain new bids; .however, the prices received for this work are .considered competitive and fair, and staff does not believe lower prices can be obtained from a reputable contractor. V. ATTACHMENTS • Bid Minutes/Tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. CITY OF RICHFIELD, MINNESOTA ~~ Bid Opening: November 5, 2007, 11:00 a.m. 2007 Demolition of Four Single Family Homes (6613, 6617, 6621, 6625 Portland Avenue South) Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2007 Demolition of 4 single family homes (6613, 6617, 6621, 6625 Portland Ave So, as advertised in the official newspaper on October 18, 2007 and the Construction Bulletin on October 15, 2007. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Ascher, Asst. City Engineer Tom Samountry, Engineering Tech. The following bids were submitted and read aloud: Bidder's Name Bid Security Lump Sum Bid Price Belair Excavation Not Re uired $78,640.00 Bolander & Sons Not Re uired $56,502.00 Buberl Rec clip & Com ostin Not Re uired $57,420.00 Construction Serv. Inc. Not Re uired $66,349.00 Frattalone Companies Not Required $90,005.00 Griffin Petroleum Not Re uired $46,546.00 Kamish Excavatin ,Inc. Not Re uired $63,850.00 Landwehr Construction Not Required $61,600.00 Ramsey Excavating Co., Inc Not Required $82,900.00 Stevens Drillin Environmental Not Re uired $104,380.00 Wickenhauser Excavatin ,Inc. Not Re uired $43,200.00 Wruck Excavatin , Lnc. Not Re uired $66,200.00 Jansen Builders Not Re uired $92,000.00 Kevitt Excavatin , LLC Not Re uired $75,544.00 Ro er Peterson construction Not Re uired $68,800.00 Shade Tree Construction Not Re uired $31,050.00 The City Clerk announced that the bids would be tabulated and considered at the November 13, 2007 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: AGENDA ITEM # REPORT # ~~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 Consent 295 REPORT PREPARED BY: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR r REVIEW: L REVIEWED BY CITY 1 MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a Contract for Demolition of Former Service Station for the upcoming 66tH Street & Portland Avenue Intersection ro'ect. L RECOMMENDED ACTION: By Motion: Award contract for demolition of buildings and abatement of hazardous substances and materials of the property located at 6545 Portland Avenue South in Richfield, based on bid tabulation, to Griffin Petroleum, including identifying awarding contract to alternate .bidder #1 to Bolander & Sons, should Griffin Petroleum not be able to perform. IL BACKGROUND The property located at 6545 Portland Avenue was purchased for the 66th Street and Portland Avenue Intersection project. The property is currently vacant and, as such, is a potential nuisance. for the community. Vacant properties are expensive for the City to insure and moving, forward with the demolition this fall/winter will help keep the project on track next year. The neighbors have been notified of the upcoming demolition. Upon approval of this contract, the demolition is tentatively 1113demoBP scheduled to begin in early late November/early December. The contractor has 60 days to complete the demolition once the contract is awarded. III. BASIS OF RECOMMENDATION A. POLICY • Griffin Petroleum was the .lowest, responsible bidder that submitted bids for the demolition work. • Demolition and site clearance is necessary for the.intersection project. B. CRITICAL ISSUES • Vacant property is expensive for the Gity to insure and is considered a nuisance to the community. C. FINANCIAL • Bids ranged from $31,880 to $74,114 • Griffin Petroleum is the low bidder at $31,880 • Bolander & Sons is the alternate bidder at $34,491 • Municipal State Aid (MSA) funds will be used for the demolition and site preparation. D. LEGAL • The City is required to accept the lowest, qualified bidder. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not authorize the Mayor and City Manager to execute the agreement and include the demolition. in the intersection project next spring. • The City may choose to reject all bids and direct staff to obtain new bids; however, the prices received for this work are considered competitive and fair, and staff does not believe lower prices can be obtained from a reputable contractor. V. ATTACHMENTS • Bid Minutes/Tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. CITY OF RICHFIELD, MINNESOTA Bid Opening November 5, 2007 11:00 a.m: 2007 Demolition of Former Service Station (6545 Portland Avenue South) 55 Pursuant. to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2007 Demolition of Former Service Station (6545 Portland Avenue South), as advertised in the official newspaper on October 18, 2007 and the Construction Bulletin on October 15, 2007. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Kristin Ascher, Asst. City Engineer Tom Samountry, Engineering Tech. The following bids were submitted and read aloud: Bidder's Name Bid Security Lump Sum Bid Price Belair Excavation Not Re uired $53,145.00 Bolander & Sons Not Required $34,491.50 Buberl Rec clin &Com ostin Not Re uired $53,855.00 Construction Serv. Inc. Not Required $54,926.00 Frattalone Com anies Not Re uired $74,114.00 Griffin Petroleum Not Re uired $31,880.00 Kamish Excavatin ,Inc. Not Re uired $42,550.00 Landwehr Construction Not Required $41,200.00 Ramsey Excavating Co., Inc Not Required $56,050.00 Stevens Drillin Environmental Not Re uired $50,850.00 Wickenhauser Excavatin ,Inc. Not Re uired $35,940.00 The City Clerk announced that the bids would be tabulated and considered at the November 13, 2007 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: Public hearing AGENDA ITEM # REPORT # ~Y ~ STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing for consideration of the issuance of new on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for-the remainder of 2007 and continuing through 2008, for Cham s O eratin Cor oration d/b/a Cham s Restaurant, 790 West 66th Street. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: • Approve the issuance of new on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for the remainder of 2007 and continuing through 2008 for Champps Operating Corporation d/b/a Champps Restaurant, 790 West 66th Street. II. BACKGROUND On August 27, 2007, the City received a new application and other required documents for on-sale intoxicating and Sunday liquor licenses, with optional 2 a.m. closing, for Champps Operating Corporation d/b/a Champps Restaurant. The applicant has paid the required fees. Richfield City Code 1202.21 Subd. 8., relating to the transfer of licenses, states that a transfer is deemed to occur if there is a change in the business structure or 1113 PH Champps New Liquor License with 2.a.m. Closing organization of the license. Upon the occurrence of any corporate change, a new license application and required fees must be filed with the City. The Public Safety background investigation has been completed and reveals the following: The corporate structure of the organization has changed from last year. James Zielke serves as President; Kimberly Fowles serves as Secretary; and Taryn Ellis now serves as the General Manager. None of these individuals has any known criminal record. A current list of officers is attached. All general sales, real estate and withholding taxes have been paid and are current The lease between the applicant and the property owner, Market Plaza Commercial, LTD., c/o G. & P. Properties, Inc. is in effect with all payments current. Proof of liquor liability insurance coverage has been received showing Zurich American Insurance Company affording the required coverage. Proof of workers' compensation insurance coverage has also been supplied. An accountant's statement has been prepared and submitted. This statement covers the period from November 2006 through October 2007 and indicates that food sales accounted for 69% of the total sales, while liquor sales accounted for 31 % of the total sales. There were 54 Public Safety/Police contacts with Champps restaurant from October 2006 through September 2007. This compares with 35 contacts for the previous year. A breakdown of these contacts is attached to this report. Environmental Health staff received two complaints during the past year regarding Champps. The complaints involved garbage pick-up prior to 7a.m. and trash on the loading dock. The establishment was notified and no further complaints have been received. On-sale intoxicating and Sunday Liquor licenses require owners of these establishments to comply with Resolution No. 9511, which outlines discipline they can expect if any ongoing problems occur. A copy of this resolution has been given to the owner of the establishment. There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. The Notice of Public Hearing was published in the Richfield Sun Current on November 1, 2007. In July 1999 and November 1999, Champps Restaurant was cited for the sale of alcohol to underage youth. They paid a $500 fine and had their license to sell alcohol suspended for two days for their first violation. For their second violation, they received a $1500 fine and had their license to sell alcohol suspended for five days. They did. not receive any violations in the years 2000 or 2001. In April of 2002, Champps received a third violation for the sale of alcohol to underage youth. The City Council considered this their second violation rather than a third violation due to the fact that the alcohol discipline Resolution 8808 was rescinded after their violation and Resolution 9204 was in place at the time they appeared before the City Council. The licensee did, however, receive a fine of $1750 and had their license to sell alcohol suspended for ten days, as is the penalty for third time violators. There have been no other violations since that time. III. BASIS OF RECOMMENDATION A. POLICY • City ordinance requires that a new application be submitted when there is a change in the business structure or organization of the license. • The applicant has complied with all of the provisions of both City Codes and State Statutes pertaining to on-sale intoxicating and Sunday liquor licensing. • Based on the information supplied by the applicant and the investigation conducted, there appears to be no reason to deny the issuance of the licenses requested. B. CRITICAL ISSUES • The requirements of Resolution No. 9511 must be met. C. FINANCIAL • The required background investigation and licensing fees have been received covering the remainder of 2007 through 2008. D. LEGAL • N/A - IV. ALTERNATIVE RECOMMENDATION~S~ • Continue the hearing. However, if the hearing is continued, the Council should consider the granting of license extensions to allow the applicant to continue to sell liquor until the rescheduled hearing can be conducted. • Suspend or revoke the licenses. Any suspension or revocation must, according to Minnesota State Statute 340A.415, be based upon a finding that the licensee has failed to comply with an applicable statute, .rule or ordinance relating to alcoholic beverages. The Council must also note that no revocation or suspension takes effect until the licensee has been afforded an opportunity for a hearing under Section 14.57 to 14.70 of the Administrative Procedure Act. . V. ATTACHMENTS • -List of Officers and breakdown of Public Safety contacts VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Champps staff. Champps Operating Corporation Champps Restaurant Officers and Directors James Keith Zielke President Kimberly Kay Fowles Secretary Taryn Rose Ellis General Manager PUBLIC SAFETY CONTACTS October 2006- September 2007 Champps Operating Corporation Champps Restaurant 2006 2007 TOTAL CONTACTS 35 54 CRIMINAL CONTACTS 28 35 Incidents (see bottom of page for specifics) (26) (33) Alarm (2) (2) MISC. NON-CRIMINAL 7 ~ g Assists (1) (g) Traffic (5) (6) Inspections/Licensing (0) (1) Medical/Fire (1) (3) The criminal contacts from October 2006 through September 2007 were: two thefts, three suspicious persons, four disturbances, two alarms, three assaults, nine drunkenness, one property damage, three noise, and two fights, one trespass, one theft from auto, one DWI, and three no pay thefts. (Numbers in parenthesis are included in total contact figures) AGENDA SECTION: P17~~~~2~Y~T]$- AGENDA ITEM # ~ REPORT # ~~ ~ J STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: MYRT LINK, COMMUNITY DEVELOPMENT ACCOUNTANT NAME. TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Public hearing regarding the Modifications of the City Bella, Interstate-Lyndale-Nicollet, Interchange, Gramercy, Urban Village, Interchange West/Lyndale Gateway, Richfield Rediscovered, Richfield Rediscovered II, and Lyndale Gateway West Tax Increment Financing Districts. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution for the Modifications of the City Bella, Interstate- Lyndale-Nicollet, Interchange, Gramercy, Urban Village, Interchange West/Lyndale Gateway, Richfield Rediscovered, Richfield Rediscovered II, and Lyndale Gateway West Tax Increment Financing Districts. II. BACKGROUND Every year the Housing and Redevelopment Authority (HRA) completes an annual Tax Increment Report, which is required by State Statue, for each Tax Increment District with activity. This report is sent to the Office of the State Auditor (OSA) for review and comment. 111307 PH TIF Mods These reports contain a section that presents by line item the proposed district budgets and compares them to the actual district revenues and expenditures. The reports present the financial activity starting-from the creation of the district and ending in the last budget year. The OSA has provided guidelines as to how the budget and accounting sections should be reported. The objective of this modification is to adjust the line item district budgets and the actual district revenues and expenditures so they reflect the current OSA guidelines. The Modifications do not increase most of the Tax Increment Districts' budgets revenues or expenditures; the budget for the Richfield Rediscovered (1255 and 1257). is being increased to bring it into compliance with the expenses to date. They also do not increase the term or size of any of the Districts. It is a technical modification. The Richfield Rediscovered District is a Scattered Site District. When it was initially reported to the OSA, a single report was prepared. OSA ruled that separate reports need to be done for each group of parcels certified, so now a total of 12 reports are done. In order to accomplish this, the original budget needed to be allocated amongst all 12 reports. The budget line items were under allocated for Richfield Rediscovered (1255 and 1257), thus the increase to the budget of this single report. III. BASIS OF RECOMMENDATION A. POLICY • It has been the direction and policy of the City Council to follow any and all of the OSA policies and guidelines. • The HRA reviewed and approved the Modification at the October 14, 2007 meeting. • The Planning Commission reviewed and approved the Modifications at the October 22, 2007 meeting. B. CRITICAL ISSUES • By not modifying the line item budgets, revenues or expenditures of the Tax Increment Districts, it may result in a finding of noncompliance from the OSA in the future. C. FINANCIAL • The City's financial advisor, Ehlers and Associates, has reviewed the proposed modification and has stated that the approval of this modification will not have any financial impact on the City or HRA. D. LEGAL • The City's legal counsel, Kennedy & Graven, has reviewed the proposed modification and have stated that the approval of this modification will not have any legal impact on the City or HRA. N. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the proposed budget modifications. V. ATTACHMENTS • Resolution Modification to the Redevelopment Plan and Tax Increment Financing Plans VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers and Associates ~i RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE MODIFICATIONS OF THE CITY BELLA, INTERSTATE-LYNDALE-NICOLLET, INTERCHANGE, GRAMERCY, URBAN VILLAGE, INTERCHANGE WEST/LYNDALE GATEWAY, RICHFIELD REDISCOVERED, RICHFIELD REDISCOVERED II, AND LYNDALE GATEWAY .WEST TAX INCREMENT FINANCING DISTRICTS. (REDEVELOPMENT DISTRICTS) BE IT RESOLVED by the City Council (the "Council") of the City of Richfield, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Board of Commissioners (the "Board") of the Richfield Housing and Redevelopment Authority (the "HRA") has heretofore established Richfield Redevelopment Project Area and adopted the Redevelopment Plan therefor and established the City Bella, Interstate-Lyndale-Nicollet, Interchange, Gramercy, Urban Village, Interchange West/Lyndale Gateway, Richfield Rediscovered, Richfield Rediscovered II, and Lyndale Gateway West Tax Increment Financing Districts and adopted Tax Increment Financing Plans therefor. It has been proposed that the City adopt a Modification to the Redevelopment Plan (the "Redevelopment Plan Modification") for Richfield Redevelopment Project Area and adopt a Modification to the Tax Increment Financing Plans (the "Tax Increment Plan Modifications" or together with the Redevelopment Plan Modification, the "Modifications") for the City Bella, Interstate-Lyndale-Nicollet, Interchange, Gramercy, Urban Village, Interchange West/Lyndale Gateway, Richfield Rediscovered, Richfield Rediscovered II, and Lyndale Gateway West Tax Increment Financing Districts (the "Districts"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, inclusive as amended (the "Act"), all as reflected in the Modifications, and presented for the Council's consideration. 1.02. The Council has investigated the facts related to the Modifications and has caused the Modifications to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Hennepin County and Independent School District No. 280 having taxing jurisdiction over the property included in the District, and the holding of a public hearing upon published notice as required by law. 1.04. The City is not modifying the boundaries of Richfield Redevelopment Project Area. 1.05. The City is not modifying the boundaries nor term of any of the Districts. Section 2. Findings for the Tax Increment Plan Modification 2.01. The Council hereby reaffirms the original findings for the Districts, namely that the when the Districts were established, they were established as "redevelopment districts" under Minnesota Statutes, Section 469.174, subd. 10 (a)(1). In addition, the City makes the following findings: a. The Tax Increment Plan Modifications conform to the general plan for development or redevelopment of the City as a whole. The reason for supporting this finding is that the Tax Increment Plan Modifications will generally complement and serve to implement policies adopted in the City's comprehensive plan. ~,~ b. The Tax Increment Plan Modifications will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Richfield Redevelopment Project Area by private enterprise. The reason for supporting this finding is that the development activities are necessary so that development and redevelopment by private enterprise can occur within Richfield Redevelopment Project Area. c. The development and redevelopment efforts, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. Section 3. Public Purpose 3.01. The adoption of the Modifications conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 4. Approval and Adoption of the Modifications; Filing, 4.01. The Modifications are hereby approved, and shall be placed on file in the office of the Community Development Director. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 4.02. The staff of the City are authorized to file the Modifications with the Commissioner of Revenue, the Office of the State Auditor and the Hennepin County Auditor. 4.03. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. Dated: November 13, 2007 Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk (Seal) EXHIBIT A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE CITY BELLA, INTERSTATE-LYNDALE-NICOLLET, INTERCHANGE, GRAMERCY, URBAN VILLAGE, INTERCHANGE WEST/LYNDALE GATEWAY, RICHFIELD REDISCOVERED, RICHFIELD REDISCOVERED II, AND LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICTS. w: ~~ +il y{,~ f ~ -- _ ~,,,, ~ ~~.1~H3e~83f9~53~ ;, ~'•, Y . ~: ~ ,.< ~'..'.^ ..; ~ "'«~'.fi.Hu~+.~.5ntkd~~' #~ ate.., C sw~a.: r~ .i~,.~. ~ ~Tf~ ww~uw t ~ ~ 'a ~~...p ~ 'f~fiF~_'c`~~ _ C . ~g~C~tt~{~i'.~L'lY~'k' T ~.uS.m~Y ~' JKJC a _a11~rl~til~; ~ g Y.I)f.N ,I '~ ` j~"` ~ h• ""^--..ter ~`3"~"_'~~ tii Cara '~'~'~ ~'~" .'~'. '~.t.'~C^ ~^ i_ - y~~. ~ts^ ~ -' -~~ ~"""". ""!mfr- ~~"ms TP^Jh r~ j i 3 ;. Y ~ ~ ~ ~.~ EXHIBIT B STATEMENT OF FACTS SUPPORTING FINDINGS The reasons for the Modifications are solely to recognize the modifications to the budgets of each TIF District. The Modifications are line item budget modifications, which bring each District into compliance with Office of the State Auditor reporting requirements. The Richfield Redevelopment Project Area is not being modified. Finally, the City reaffirms the findings that without the tax increment, the City has no reason to expect that significant development would occur or will occur without assistance similar to that provided in the Tax Increment Plans. Therefore, the City determines that the increased market value of the sites that could reasonably be expected to occur without the use of tax increment financing ($0 or a modest amount due to a small development) would be less than the increase in the market value estimated to result from the developments after subtracting the present value of the projected tax increments for the maximum duration of the Districts permitted by the TIF Plans. MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA and the TAX INCREMENT FINANCING PLANS for the Modifications of THE INTERCHANGE, GRAMERCY, URBAN VILLAGE, LYNDALE GATEWAY WEST, LYNDALE GATEWAY /INTERCHANGE WEST, INTERSTATE-LYNDALE-NICOLLET, CITY BELLA, RICHFIELD REDISCOVERED, AND RICHFIELD REDISCOVERED II TAX INCREMENT FINANCING DISTRICTS (all redevelopment districts) within THE RICHFIELD REDEVELOPMENT PROJECT AREA RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY CITY OF RICHFIELD HENNEPIN COUNTY STATE OF A~IINNESOTA Public Hearing for Modification: November 13, 2007 Modification Adopted: ~-~~~~- E H L E RS LEADERS IN PUBLIC FINANCE Prepared by: FREERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) SECTION I - MODIFICATION TO THE RICHFIELD REDEVELOPMENT PROJECT AREA ................................................1 SECTION II - MODIFICATION TO THE INTERCHANGE TAX INCREMENT FINANCING DISTRICT ................................ 2 SECTION III - MODIFICATION TO THE GRAMERCY TAX INCREMENT FINANCING DISTRICT ..................................... S SECTION IV - MODIFICATION TO THE URBAN VILLAGE TAX INCREMENT FINANCING DISTRICT ............................ 8 SECTION V - MODIFICATION TO THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT ..........................................................................................................................................................:....................... SECTION VI - MODIFICATION TO THE LYNDALE GATEWAY/INTERCHANGE WEST TAX INCREMENT 11 FINANCING DISTRICT ............................................................................................................................................................ SECTION VII - MODIFICATION TO THE INTERSTATE-LYNDALE-NICOLLET TAX INCREMENT FINANCING 14 DISTRICT .................................................................................................................................................................................. SECTION VIII - MODIFICATION TO THE CITY BELLA TAX INCREMENT FINANCING DISTRICT ................................ 18 21 SECTION L~-MODIFICATION TO THE RICHFIELD REDISCOVERED (1254 AND1256) TAX INCREMENT FINANCING DISTRICT .......................................................:.................................................................................................... SECTIONX -MODIFICATION TO THE RICHFIELD REDISCOVERED (1255 AND125 ~ TAX INCREMENT 24 FINANCING DISTRICT ............................................................................................................................................................ SECTIONXI -MODIFICATION TO THE RICHFIELD REDISCOVERED (1258 1260 AND1267) TAX 27 INCREMENT FINANCING DISTRICT .....................................:............................................................................................... 30 SECTIONXII - MODIFICATION TO THE RICHFIELD REDISCOVERED (1259 AND1261I TAX INCREMENT FINANCING DISTRICT ............................................................................................................................................................ 33 SECTIONXIII -MODIFICATION TO THE RICHFIELD REDISCOVERED (1262 1268 AND1270) TAX INCREMENT FINANCING DISTRICT ....:............................................................................................................................... . 36 SECTIONXIV -MODIFICATION TO THE RICHFIELD REDISCOVERED (1263 AND1266) TAX INCREMENT FINANCING DISTRICT ........................................................................................................................................................... . 39 SECTIONXV -MODIFICATION TO THE RICHFIELD REDISCOVERED (1264 AND1273J TAX INCREMENT FINANCING DISTRICT ............................................................................................................................................................ 42 SECTIONXVI -MODIFICATION TO THE RICHFIELD REDISCOVERED (1265 1269 1272 AND 1274) TAX INCREMENT FINANCING DISTRICT ..................................................................................................................................... 45 SECTIONXVII -MODIFICATION TO THE RICHFIELD REDISCOVERED (1276) TAX FINANCING DISTRICT ............................................................................................................................................................ 48 SECTIONXVIII -MODIFICATION TO THE RICHFIELD REDISCOVERED (1277) TAX INCREMENT FINANCING DISTRICT .................................................................................................................................................:.......... SI SECTIONXIV -MODIFICATION TO THE RICHFIELD REDISCOVERED (1278) TAX INCREMENT FINANCING DISTRICT ............................................................................................................................................................ 54 SECTIONXX - MODIFICATION TO THE RICHFIELD REDISCOVERED (1279) TAX INCREMENT FINANCING DISTRICT .................................................................................................................................................................................. 57 SECTIONXXI - MODIFICATION TO THE RICHFIELD REDISCOVERED 11 TAX INCREMENT FINANCING DISTRICT 60 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE TAX INCREMENT FINANCINGDISTRICTS 63 SECTION I -MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA Foreword The following text represents a Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for the Richfield Redevelopment Project-Area. Generally, the substantive changes include the Modifications to the Gramercy, City Bella, Interchange, Lyndale Gateway West; Lyndale Gateway/Interchange West; Richfield Rediscovered; Richfield Rediscovered II; Urban. Village; and Interstate-Lyndale-Nicollet Tax Increment Financing Districts to adjust the line items in the Districts' budgets and the include the actual district revenues and expenditures to date, so they reflect the current Office of the State Auditor guidelines for Tax Increment Financing reporting. For further information, a review of the Redevelopment Plan for the Richfield Redevelopment Project Area is recommended. It is available from the Community Development Director at the City of Richfield. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within the Richfield Redevelopment Project Area. Richfield HRA Modification of Tax Increment Financing Districts SECTION ll -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERCHANGE TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Interchange Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment~Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be fmanced primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state-aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $7,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $7,000,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts TOTAL CUMULATIVE CUMULATIVE SOURCES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED SOURCES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 Tax Increment Revenue $7,000,000 $1,523,675 $6,940,489 Market Value Homestead Credit Investment Earnings $47,502 $50,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds Grants Other: Prior Period Adjustment $9,511 $9,511 Transfers in ` PROJECT REVENUES TOTAL $7,000,000 $0 $1,580,688 $7,000,000 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. Richfield HRA Modification of Tax Increment Financing Districts 3 USES OF FUNDS Land/Building Acquisition Site Improvements/Preparation Costs Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 $6,300,000 $134,771 $3,005,951 Bond Principal Payments Bond Interest Payments Loan Principal Payments Loan/NoteInterestPayments $1,065,431 $3,231,940 Administrative Expenses (up to 10%) $700,000 $80,574 $694,049 Transfers out (from line 25) $68,060 $68,060 PROJECT COSTS TOTAL $7,000,000 $1,348,836 $7,000,000 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $7,000,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City.. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. ~_~, Richfield HRA Modification of Tax Increment Financing Districts 4 SECTION 111 -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE GRAMERCY TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Gramercy Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November I3, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude. the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $38,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $38,000,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds. or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $30,875,000 $31,950,860 $1,501,151 $34,061,998 Market Value Homestead Credit $155,262 $200,000 Investment Earnings $6,630 $15,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds $840,000 $840,000 Grants Other: Local Contribution $1,625,000 $1,678,793 $1,678,793 Other: Tax Increment $2,857,927 $0 Transfers in $531,789 $531,789 PROJECT REVENUES TOTAL $32,500,000 $37,327,580 $2,194,841 $37,327,580 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District,-this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. ,-~ Richfield HRA Modification of Tax Increment Financing Districts 6 USES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL USES. AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 Land/BuildingAcquisition $8,606,057 $10,426,057 $510,941 $6,242,943 Site Improvements/Preparation Costs $4,995,093 $5,275,093 $5,000,000 Installation of Public Utilities $1,648,850 $1,648,850 $5,170 $1,700,000 Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $7,481 $7,481 Bond Interest Payments $46,165 $46,165 Loan Principal Payments $162,760 $162,760 Loan/Note Interest Payments $14,000,000 $15,500,000 $722,672 $15,500,000 Administrative Expenses (up to 10%) $3,250,000 $3,357,580 $392,636 $3,406,200 Other: Rehab./Non-TIF Administration/ Housing Trust Fund $1,120,000 $5,109,300 Transfers out-(from line 25) $152,731 $152,731 PROJECT COSTS TOTAL $32,500,000 $37,327,580 $2,000,556 $37,327,580 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of .improvements, including administrative expenses which will be paid or financed with tax increments, will equal $38,000,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not .exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and .provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 7 SECTION IV -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE URBAN VILLAGE TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Urban Village Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November I3, 2007, to add -the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, 'to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF -Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $32,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $32,000,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $25,000,000 $26,075,860 $2,419,401 $29,933,611 Market Value Homestead Credit $1,538 $2,000 Investment Earnings $23,820 $25,000 ~ Bond Proceeds .Loan Proceeds Special Assessments Sales/Lease Proceeds $840,000 $840,000 Grants Other: Local Contribution $1,250,000 $1,303,793 Other: Tax Increment $2,857,927 Transfers in $276,969 $276,969 PROJECT REVENUES TOTAL $26,250,000 $31,077,580 $2,721,728 $31,077,580 Uses of Funds (The TIFPIan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. Richfield HRA Modification of Tax Increment Financing Districts 9 USES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL USES AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 Land/Building Acquisition $2,000,000 $3,820,000 $434,720 $3,820,000 Site Improvements/Preparation Costs $2,000,000 $2,280,000 $2,280,000 Installation of Public Utilities $2,000,000 $2,000,000 $2,000,000 Public Parking Facilities Streets and Sidewalks $7,000,000 $7,000,000 $4,665,279 Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond. Principal Payments $18,042 $18,042 Bond Interest Payments $35,605 $35,605 Loan Principal Payments Loan/Note Interest Payments $8,750,000 $10,250,000 $7,481 $10,535,992 ', Administrative Expenses (up to 10%) $2,500,000 $2,607,580 $46,165 $2;993,361 Other: Rehab./Non-TIF Administration $1,120,000 $162,760 $162,760 Other: Housing Trust Fund $2,000,000 $2,000,000 $44,400 $4,327,2.82 Transfers out (from line 25) $239,259 $239,259 PROJECT COSTS TOTAL $26,250,000 $31,077,580 $2,422,710 $31,077,580 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $32,000,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The. cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the. budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 10 SECTION V -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE LYNDALE GATEWAY WEST TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Lyndale Gateway West Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIFPIan is being modified on November I3, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November l3, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance- and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan.. As .presently proposed, the project will be financed by a bond issue and spay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $9,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $9,000,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 11 '~ SOURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $7,476,636 $7,476,636 $270,264 $2,605,215 Market Value Homestead Credit $663 $1,000 Investment Earnings $22,037 $25,000 Bond Proceeds $4,378,943 $4,378,943 Loan Proceeds $1,100,000 $0 Special Assessments Sales/Lease Proceeds Grants $592,778 $592,778 Other: Refunds/Reimbursements $190,475 $190,475 Transfers in $783,225 $783,225 PROJECT REVENUES TOTAL $7,476,636 $8,576,636 $6,238,385 $8,576,636 Uses of Funds (The TIF Plan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. ___ Richfield HRA Modification of Tax Increment Financing Districts 12 USES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL USES AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 Land/Building Acquisition $3,300,000 $3,300,000 $6,546,609 $6,546,609 Site Improvements/Preparation Costs Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments Bond Interest Payments $456,837 $456,837 Loan Principal Payments $1,100,000 Loan/Note Interest Payments $3,458,879 $3,458,879 $0 Administrative Expenses (up to 10%) $717,757 $717,757 $386,204 $857,664 Other: Bond Discounts $67,324 $67,324 Other: Issuance Costs $31,015 $31,015 Other: Paying Agent Fees $431 $431 Other: Non-TIF Administration/ Housing Trust Fund $616,756 Transfers out (from line 25) PROJECT COSTS TOTAL $7,476,636 $8,576,636 $7,488,420 $8,576,636 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $9,000,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 13 SECTION VI -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR. THE LYNDALE GATEWAY/INTERCHANGE WEST TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Lyndale Gateway/Interchange West Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November l3, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIFPIan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by a bond issue and apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a'general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $142,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $142,000,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 14 OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $121,540,000 $135,090,000 $7,485,404 $130,510,307 Market Value Homestead Credit $29,664 $35,000 Investment Earnings $321,968 $325,000 Bond Proceeds $8,350,000 $8,350,000 Loan Proceeds Special Assessments Sales/Lease Proceeds Grants Other: Accrued Interest $18,447 $18,447 Other: Interest $6,413 $6,413 Other: Local Contribution $6,077,000 $6,749,000 $0 Transfers in $2,593,833 $2,593,833 PROJECT REVENUES TOTAL $127,617,000 $141,839,000 $18,778,729 $141,839,000 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 15 SES OF FUNDS CUMULATIV E MODIFIED ORIGINAL AS OF TIF PLAN 12/31/2006 TOTAL USES AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 LandBuilding Acquisition $59,000,000 $66,200,000 $654,188 $66,200,000 Site Ixnprovements/Preparation Costs $25,176 $30,000 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks $12,000,000 $7,536,077 $12,000,000 Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $544,450 $544,450 Bond Interest Payments $2,076,845 $2,076,845 Loan Principal Payments Loan/Note Interest Payments $55,855,300 $56,855,300 $2,274,015 $36,536,458 Administrative Expenses (up to 10%) $12,761,700 $6,783,700 $1,378,095 $13,051,031 Other: Cost of Issuance $48,300 $48,300 Other: Paying Agent's Fee $1,750 $1,750 Other: Rehab Loan Program $182,271 $182,271 Other: Underwriter's Discount $102,775 $102,775 Other: Housing Trust Fund $10,173,800 Transfers out (from line 25) $891,320 $891,320 PROJECT COSTS TOTAL $127,617,000 $141,839,000 $15,715,262 $141,839,000 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $142,000,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. ~~, -~ Richfield HRA Modification of Tax Increment Financing Districts 16 Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 17 SECTION VlI -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE INTERSTATE-LYNDALE-NICOLLET TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Interstate-Lyndale-Nicollet (ILN) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIFPIan is being modified on November 13, 2007, to add the followinp~ The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by a bond issue and spay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $103,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $103,000,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from-funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 18 SOURCES OF FUNDS Tax Increment Revenue Market Value Homestead Credit Investment Earnings Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds Grants Other: MSA, MnDOT, Federal Other: Other Refunds/Reimbursements Other: Rent Lease Revenue i Other: Special Assessments Transfers in PROJECT REVENUES TOTAL CUMULATNE ORIGINAL MODIFIED AS TIF PLAN OF 12/31/2006 $0 $82,537,000 $1,610,000 $3,089,750 $18,675,000 $14,650,000 $753,000 $1,535,000 $1,500,000 $1,437,800 $12,698 $59,000 $49,000 7 102,637,750 TOTAL SOURCES AS OF 12/31/2006 $18,343,511 $4,631,522 $24,583,165 $56,824 $752,825 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 $66,692,126 $5,000,000 $24,583,165 $56,824 $753,000 $1,500,000 ~ $12,698 $0 $0 $4,039,937 102,637,750 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 19 USES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL USES AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 Land/Building Acquisition $8,008,290 $35,300,710 $12,840,690 $35,300,710 Site Improvements/Preparation COStS Installation of Public Utilities $264,000 $1,660,000 $97,900. $1,660,000 Public Parking Facilities $255 200 Streets and Sidewalks $6,215,140 $6,564,000 $6,564,000 Public Park Facilities - Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $14,650,000 $24,795,000 $25,000,000 Bond Interest Payments $3,400,000 $4,552,526 $4,552,526 Loan Principal Payments Loan/Note Interest Payments $5,100,000 $34,660,000 $5,837,514 $20,626,281 Administrative Expenses (up to 10%) $921,860 $6,000,000 $938,802 $6,669,213 Other: Arbitrage Rebate $13,300 $73,950 $75,000 Other: Bond Discount $425,000 $389,740 $99,600. $99,600 Transfers out (from line 25) $2,090,420 $2,090,420 PROJECT COSTS TOTAL $21,189,490 $102,637,750 $51,326,402 $102,637,750 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $103,000,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without .formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 20 SECTION Vlll -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE CITY BELLA TAX INCREMENT FINANCING DISTRICT Foreword The Richf eld Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the City Bella Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIFPIan is being modified on November I3, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and. construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $26,500,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $26,500,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from-funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 21 TOTAL CUMULATIVE CUMULATIVE SOURCES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED SOURCES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 Tax Increment Revenue $26,500,000 $477,208 $26,345,216 Market Value Homestead Credit $14,638 $15,500 Investment Earnings $20,032 $25,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds Grants ~ $76,975 $76,975 Transfers in $37,309 $37,309 PROJECT REVENUES TOTAL $26,500,000 $0 $626,162 $26,500,000 Uses of Funds (The TIF Plan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. ~~ --~ ~ Richfield HRA Modification of Tax Increment Financing Districts 22 USES OF FUNDS LandBuilding Acquisition Site Improvements/Preparation Costs Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 $5,500,000 $20,701 $5,500,000 $6,000,000 $6,000,000 $2,500,000 $2,500,000 Bond Principal Payments Bond Interest Payments Loan Principal Payments Loan/Note Interest Payments $9,850,000 $210,226 $9,865,478 Administrative Expenses (up to 10%) $2,650,000 $257,252 $2,634,522 Transfers out (from line 25) PROJECT COSTS TOTAL $26,500,000 $0 $488,179- $26,500,000 TIF is expected to be used for the project costs listed above, which is snot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $26,500,000, as is presented in the budget above. Estimated costs associated with the District are subject to .change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan, for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 23 SECTION /X -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1254 AND1256) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1254 and 1256) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other. indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $1,200,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $1,200,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt.. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 24 OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $820,175 $720,000 $122,137. $460,220 Market Value Homestead Credit $6,599 $6,800 Investment Earnings $10,000 $2,460 $2,700 Bond Proceeds Loan Proceeds $71,403 $71,403 Special Assessments Sales/Lease Proceeds $400,000 $304,358 $304,358 Grants Other: Tax Increment/Grants $10,669 Transfers in $295,188 $295,188 PROJECT REVENUES TOTAL $820,175 $1,140,669 $802,145 $1,140,669 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 25 USES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL USES AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 LandBuilding Acquisition $1,009,393 $770,669 $584,719 $584,719 Site Improvements/Preparation Costs $114,950 $110,000 $24,453 $24,453 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities ~'I Interest Reduction Payments Bond Principal Payments $249 997 Bond Interest Payments $21,500 Loan Principal Payments $75,043 $75,043 Loan/Note Interest Payments $200,000 $11,515 $132,308 Administrative Expenses (up to 10%) $16,326 $60,000 $44,170 $46,022 Transfers out (from line 25) $6,627 $6,627 PROJECT COSTS TOTAL $1,140,669 $1,140,669 $753,012 $1,140,669 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or ` financed with tax increments, will equal $1,200,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above .pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City.. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. . =-~ Richfield HRA Modification of Tax Increment Financing Districts 26 SECTION X -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (9255 AND9257) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1255 and 1257) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the .District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIFPIan is being modified on November I3, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $1,100,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $1,100,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to-the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page Richfield HRA Modification of Tax Increment Financing Districts 27 TOTAL CUMULATIVE CUMULATIVE SOURCES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED SOURCES OF FUNDS -TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 Tax Increment Revenue $452,775 $278,281 $195,374 $450;000 Market Value Homestead Credit $5,192 $5,750 Investment Earnings $1,000 $4,102 $4,500 Bond Proceeds Loan Proceeds $191,351 $191,351 Special Assessments Sales/Lease Proceeds $200,000. $263,039. $263,039 Grants Other: $1,000 Transfers in $104,480 $104,480 PROJECT REVENUES TOTAL $452,775 $480,281 $763,538 $1,019,120 Uses of Funds (The TIF Plan is being modified on November I3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. ~_~ Richfield HRA Modification of Tax Increment Financing Districts 28 CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED USES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 LandBuilding Acquisition $425,007 $350,881 $417,013 $417,013 Site Improvements/Preparation Costs $48,400 $48,400 $7,288 $7,288 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $11,984 $13,036 Bond'Interest Payments Loan Principal Payments $191,351 $191,351 Loan/Note Interest Payments $50,000 $23,087 $361,660 Administrative Expenses (up to 10%) $6,874 $31,000 $44,089 $45,000 Transfers out (from line 25) $9,844 $9,844 PROJECT COSTS TOTAL $480,281 $480,281 $704,656 $1,019,120 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or ` financed with tax increments, will equal $1,100,000, as is presented in the budget above. Estimated costs associated. with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City.. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 29 SECTION XI -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED. (1258, 1260 AND1267) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1258, 1260 and 1267) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use .other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance. other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $1,200,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $1,200,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 30 OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $493,850 $493,850 $173,781- $674,461 Market Value Homestead Credit $7,754 $8,000 Investment Earnings $50,000 $3,173 $3,500 Bond Proceeds Loan Proceeds $51,739 $51,739 Special Assessments Sales/Lease Proceeds $590,375 $213,435 $21.3,435 Grants Other: Intergovernmental Revenue $37,250 $37,250 Other: Tax Increment/Grants $50,000 Transfers in $195,840 $195,840 PROJECT REVENUES TOTAL $493,850 _ _ $1,184,225 $682,972 $1,184,225 Uses of Funds (The TIF Plan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRf1 Modification of Tax Increment Financing Districts 31 CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED USES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 LandBuilding Acquisition $1,074,225 $800,000 ~ $465,119 $465,119 Site Improvements/Preparation Costs $105,000 $105,000 $25,370 $25,370 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $13,159 $428,747 Bond Interest Payments Loan Principal Payments $41,739 $41,739 ' Loan/Note Interest Payments $239,225 $18,632 $144,767 Administrative Expenses (up to 10%) $5,000 $40,000 $44,098 $67,446 Transfers out (from line 25) $11,037 $11,037 PROJECT COSTS TOTAL $1,184,225 $1,184,225 $620,154 $1,184,225 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $1,200,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment fnancing will not exceed, without formal- modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. ~~~. Richfield HRA Modification of Tax Increment Financing Districts 32 SECTION Xll -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1259 AND1261) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1259 and 1261) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIFPIan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be fmanced primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $600,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $600,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from-funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 33 .TOTAL CUMULATIVE CUMULATIVE SOURCES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED SOURCES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 Tax Increment Revenue $279,500 $279,500 $60,077 $432,251 Market Value Homestead Credit $1,817 $2,000 Investment Earnings $10,000 $823 $1,250 Bond Proceeds Loan Proceeds $16,360 $16,360 Special Assessments Sales/Lease Proceeds $293,075 $81,551 $85,000 Grants Other:. Tax Increment/Grants $10,000 Transfers in $55,714 $55,714 PROJECT REVENUES TOTAL $279,500 $592,575 $216.342 $592,575 Uses of Funds (The TIF Plan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 34 USES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL USES. AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 LandBuilding Acquisition $523,575 $412,575 $149,081 $149,081 Site Improvements/Preparation Costs $55,000 $55,000 $8,450 $8,450 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $4,529 $330,606 Bond Interest Payments Loan Principal Payments $16,360 $16,360 Loan/Note Interest Payments $100,000 $6,255 $40,917 Administrative Expenses (up to 10%) $5,000 $25,000 $11,984 $43,225 Transfers out (from line 25) $3,936 $3,936 PROJECT COSTS TOTAL $592,575 $592,575 $200,595 X592.575 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or ` financed with tax increments, will equal $600,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City.. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 35 SECTION Xlll -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1262, 1268 AND1270) TAX /NCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1262, 1268 and 1270) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $1,400,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $1,400,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans. from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 36 .TOTAL CUMULATIVE CUMULATIVE SOURCES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED SOURCES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 Tax Increment Revenue $1,379,400 $1,045,350 $142,993 $923,066 Market Value Homestead Credit $6,202 $6,500 Investment Earnings $10,000 $4,253 $5,000 Bond Proceeds Loan Proceeds $6,357 $6,357 Special Assessments Sales/Lease Proceeds $300,000 $184,525 $184,525 Grants Other: $500 $500 Other: Intergovernmental Revenue $37,250 $37,250 Other: Tax Increment/Grants $10,000 Transfers in $202,152 $202,152 PROJECT REVENUES TOTAL $1,379,400 $1,365,350 $584,232 $1,365,350 Uses of Funds (The TIFPIan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 37 CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED USES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 LandBuilding Acquisition $1,204,050 $1,000,000 $419,275 $419,275 Site Improvements/Preparation Costs $138,000 $138,000 $11,829 $11,829 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $12,220 $763,315 Bond Interest Payments Loan Principal Payments $6,357 $6,357 Loan/Note Interest Payments $127,050. $2,807 $62,741 Administrative Expenses (up to 10%) $23,000 $100,000 $51,955 $92,306 Transfers out (from line 25) $9,227 $9,227 PROJECT COSTS TOTAL $1,365,050 $1,365,050 $513,670 $1,365,050 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $1,400,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not. exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. ~'-\ v~ Richfield HRA Modification of Tax Increment Financing Districts 38 SECTION XIV -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1263 AND1266) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1263 and 1266) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November I3, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the T1F Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIFPIan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be fmanced primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $1,000,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $1,000,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 39 OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $979,875 $787,600 $64,868 $691,116 Market Value Homestead Credit $2,441 $2,750 Investment Earnings $10,000 $2,205 $3,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds $120,000 $89,498 $90,000 Grants Other: Other: Intergovernmental Revenue Other: Tax Increment/Grants $10,000 Transfers in $140,734 $140,734 PROJECT REVENUES TOTAL $979,875 $927,600 $299,746 $927,600 Uses of Funds (The TIF Plan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. ~~ Richfield HRA Modification of Tax Increment Financing Districts 40 USES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL USES AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 LandlBuilding Acquisition $827,600 $693,600 $218,844 $218,844 Site Improvements/Preparation Costs $84,000 $84,000 $10,407 $10,407 Installation of Public Utilities Public Parking Facilities ~ ~ Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments . $5,190 $577,187 Bond Interest Payments Loan Principal Payments Loan/Note Interest Payments $100,000 $47,747 Administrative Expenses (up to 10%) $16,000 $50,000 $27,292 $69,112 ~ Transfers out (from line 25) $4,303 $4,303 PROJECT COSTS TOTAL $927,600 $927,600 $266,036 $927,600 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $1,000,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Inclement Financing Districts 41 SECTION XV -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1264 AND1273) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1264 and 1273) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right'to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $2,800,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $2,800,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 42 OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATNE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $2,740,373 $2,460,100 $107,341 $2,314,608 Market Value Homestead Credit $5,435 $6,000 Investment Earnings $10,000 $3,667 $4,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds $250,000 $153,077 $154,000 Grants Other: Other: Misc. & Program Fees $3,260 $3,260 Other: Tax Increment/Grants $10,000 Transfers in $248,232 $248,232 PROJECT REVENUES TOTAL $2,740,373 $2,730,100 $521,012 $2,730,100 Uses of Funds (The TIF Plan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the. cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 43 CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED USES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 LandBuildingAcquisition $2,408,100 $2,054,100 $370,084 $370,084 Site Iinprovements/Preparation Costs $276,000 $276,000 $22,450 $22,450 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $9,763 $1,988,969 Bond Interest Payments Loan Principal Payments $109,526 Loan/Note Interest Payments $300,000 Administrative Expenses (up to 10%) $46,000 $100,000 $48,582 $231,461 Transfers out (from line 25) $7,610 $7,610 PROJECT COSTS TOTAL $2,730,100 $2,730,100 $458,489 $2,730,100 TIF is expected to be used for the project costs listed above, which is a no-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $2,800,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not. exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. _\ _~~ Richfield HRA Modification of Tax Increment Financing Districts 44 SECTION XVI -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1265, 1269, 1272 AND 1274f TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing-and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1265, 1269, 1272 AND 1274) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $1,500,000 without a modification to -the T1F Plan pursuant to applicable statutory requirements. It is estimated that $1,500,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 45 % -~ SOURCES OF FUNDS Tax Increment Revenue Market Value Homestead Credit Investment Earnings Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds Grants Other: Other: Intergovernmental Revenue Other: Tax Increment/Grants Transfers in PROJECT REVENUES TOTAL CUMULATIVE ORIGINAL MODIFIED AS TIF PLAN OF 12/31/2006 $2,052,994 $1,264,775 $10,000 $200,000 $10,000 775 TOTAL SOURCES AS OF 12/31/2006 $97,746 $4,086 $3,410 $140,354 $1,135 $61,213 $214,055 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 $1,058,518 $4,500 $4,000 $140,354 $1,135 $61,213 $214,055 $1,483,775 ~ Uses of Funds (The TIFPIan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. -~ Richfield HRA Modification of Tax Increment Financing Districts 46 ' USES OF FUNDS LandBuilding Acquisition Site Improvements/Preparation Costs Installation of Public Utilities CUMULATIVE ORIGINAL MODIFIED AS TIF PLAN OF 12/31/2006 $1,308,750 $1,033,750 $1.50,000 $150,000 TOTAL USES AS OF 12/31/2006 $374,376 $25,448 TOTAL AS MODIFI)~D 11/13/2007 Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $374,376 $25,448 Bond Interest Payments - $8,641 $835,090 Loan Principal Payments Loan/Note Interest Payments ~ $200,000 $135,767 Administrative Expenses (up to 10%) $25,000 $100,000 $52,221 $105,852 Transfers out (from line 25) $7,217 $7,217 PROJECT COSTS TOTAL $1,483,750 $1,483,750 $467,903 $1,483,750 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $1,500,000, as is presented in the budget above. Estimated costs associated with the- District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 47 SECTION XVII -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD RED-SCOVERED (1276) TAX INCREMENT FINANCING D/STRICT. Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1276) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $5,700,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $5,700,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 48 OURCES OF FUNDS .ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $2,446,962 $50,676 $5,143,103 Market Value Homestead Credit $2,658 $3,000 Investmenf Earnings $15,615 $20,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds $1,650,000 $187,003 $200,000 Grants Other: Local Government C",~ntrihuti~n $122,348 Other: Program Fees $2,000 $2,000 Other: Tax Increment/Grants $1,475,320 Transfers in $326,527 $326,527 PROJECT REVENUES TOTAL $5,694,630 $0 $584,479 $5,694,630 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows] To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay-for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 49 USES OF FUNDS LandBuilding Acquisition Site Improvements/Preparation Costs Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments ~ Bond Principal Payments $6,854 $3,705,894 Bond Interest Payments Loan Principal Payments Loan/Note Interest Payments $1,294,620 $1,045,590 Administrative Expenses (up to 10%) $275,000 $60,151 $514,310 Transfers out (from line 25) $2,831 $2,831 PROJECT COSTS TOTAL $5,694,620 $0 $445,831 $5,694,620 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments; will equal $5,700,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 $3,575,000 $258,520 $258,520 $550,000 $167,475. $167,475 /- -~ Richfield HRA Modification of Tax Increment Financing Districts 50 SECTION XVlll -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1277) TAX INCREMENT FINANCING D-STRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1277) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November I3, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November l3, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be fmanced primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land; other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $5,700,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $5,700,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 51 SOURCES OF FUNDS Tax Increment Revenue Market Value Homestead Credit Investment Earnings Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds Grants Other: Local Government (',~ntrihnti~n Other: Program Fees Other: Tax Increment/Grants Transfers in PROJECT REVENUES TOTAL CUMULATIVE ORIGINAL MODIFIED AS TIF PLAN OF 12/31/2006 $2,446,962 $1,650,000 $122,348 $1,475,320 TOTAL SOURCES AS OF 12/31/2006 $23,43 5 $1,221 $1,227 $33,000 $653 580 116 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 $5,612,397 $2,000 $2,000 ~.-,\ $33,000 $653 $44.5 80 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 52 CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED USES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 LandBuilding Acquisition $3,575,000 $70,664 $70,664 Site Improvements/Preparation Costs $550,000 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $2,847 $4,065,405 Bond Interest Payments Loan Principal Payments Loan/Note Interest Payments $1,294,620 $995,782 Administrative Expenses (up to 10%) $275,000 $9,810 $561,240 Transfers out (from line 25) $1,529 $1,529 PROJECT COSTS TOTAL $5,694,620 $0 $84,850 $5,694,620 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. ` It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $5,700,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 53 SECTION XIV -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1278) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1278) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project. Area. Statement of Objectives (The TIFPIan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows). Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will. be financed by apay-as-you-go note. .Additional indebtedness maybe required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $3,100,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $3,100,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the. determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 54 OURCES OF FUNDS ORIGINAL TIF PLAN CUMULATIVE MODIFIED AS OF 12/31/2006 TOTAL SOURCES AS OF 12/31/2006 CUMULATIVE TOTAL AS MODIFIED 11/13/2007 Tax Increment Revenue $1,278,048 $32,055 $2,728,975 Market Value Homestead Credit $1,126 $2,000 Investment Earnings $6,140 $7,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds $900,000 $63,692 $64,000 Grants Other: Local Government ('.~ntrihnti~n $63,902 Other: Program Fees $2,000 $2,000 Other: Tax Increment/Grants $834,210 Transfers in $272,185 $272,185 PROJECT REVENUES TOTAL $3,076,160 $0 $377,198 $3,076,160 Uses of Funds (The TIF Plan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 55 USES OF FUNDS LandBuilding Acquisition Site Improvements/Preparation Costs Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments CUMULATIVE TOTAL USES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 $1,950,000 $251,689 $1,950,000 $300,000 $8,225 $300,000 $4,607 $4,6071 Bond Interest Payments Loan Principal Payments Loan/Note Interest Payments $676,180 $547,816 Administrative Expenses (up to 10%) $150,000 $47,251 $272,898 Transfers out (from line 25) $859 $859 PROJECT COSTS TOTAL $3,076,180 $0 $312,631 $3,076,180 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $3,100,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers &. Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. -.~ ~~ Richfield HRA Modification of Tax Increment Financing Districts 56 SECTION)OC-MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED (1279) TAX INCREMENT FINANCING DISTRICT Foreword The Richfield Housing .and Redevelopment Authority (the. "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered (1279) Tax Increment Financing District (the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November 13, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan. do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $3,100,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $3,100,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or .City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 57 TOTAL CUMULATIVE CUMULATIVE SOURCES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED SOURCES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/13/2007 Tax Increment Revenue $1,278,048 $8,173 $2,997,592 Market Value Homestead Credit $518 $1,000 Investment Earnings $550 $1,000 Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds $900,000 $35,091 $35,091 Grants Other: Local Government (',~ntrihuti~n $63,902 Other: Program Fees $500 $500 Other: Tax Increment/Grants $834,210 Transfers in $40,977 $40,977 PROJECT REVENUES TOTAL $3,076,160 $0 $85,809 $3,076,160 Uses of Funds (The TIFPIan is being modified on November l3, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. -~ Richfield HRA Modification of Tax Increment Financing Districts 58 USES OF FUNDS CUMULATIVE ORIGINAL MODIFIED AS TIF PLAN OF 12/31/2006 .TOTAL USES AS OF 12/31/2006 TOTAL AS MODIFIED 11/13/2007 LandBuilding Acquisition $1,950,000 $63,746 $1,950,000 Site Improvements/Preparation Costs $300,000 $5,500 $300,000 Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments Bond Principal Payments $1,057 $1,057 Bond Interest Payments Loan Principal Payments Loan/Note Interest Payments $676,180 $524,888 Administrative Expenses (up to 10%) $150,000 $7,524 $299,759 Transfers out (from line 25) $456 $456 PROJECT COSTS TOTAL $3,076,180 $0 $78,283 $3,076,160 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. ` It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $3,100,000, as is presented in the budget above. Estimated costs associated with the District are subject to change -among categories without a modification to this TIF -Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal .modification, the budget above pursuant to the applicable statutory requirements. Summary The. Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base, redevelop .substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Richfield HRA Modification of Tax Increment Financing Districts 59 SECTION XXI -MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED 11 TAX INCREMENT FINANCING DISTRICT Foreword The Richfield .Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff and consultants have prepared the following information to expedite the Modification of the Richfield Rediscovered II Tax Increment Financing District ,(the "District"), a redevelopment tax increment financing district, located in the Richfield Redevelopment Project Area. Statement of Objectives (The TIF Plan is being modified on November I3, 2007, to add the following) The TIF Plan for the District is being modified to adjust the line items in the District's budget and include the actual District revenues and expenditures to date, so it reflects the current Office of the State Auditor guidelines for Tax Increment Financing reporting. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Richfield Redevelopment Project Area and the District. Sources of Revenue/Bonded Indebtedness (The TIF Plan is being modified on November 13, 2007, to read as follows) Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and -sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by a bond issue and apay-as-you-go note. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment financing will not exceed $5,00,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $5,00,000 in bonded indebtedness will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Richfield HRA Modification o~Tax Increment Financing Districts 60 TOTAL .CUMULATIVE CUMULATIVE SOURCES TOTAL AS ORIGINAL MODIFIED AS AS OF MODIFIED SOURCES OF FUNDS TIF PLAN OF 12/31/2006 12/31/2006 11/1372007 Tax Increment Revenue $1,075,860 $101,868 $1,338,713 Market Value Homestead Credit $11,517 $12,000 Investment Earnings $80,131 $81,000 Bond Proceeds $2,577,938 $2,577,938 Loan Proceeds Special Assessments Sales/Lease Proceeds $840,000 $370,613. $375,000 Grants Other: Local Contribution $53,793 $0 Other: Program Fee $4,500 $4,500. Other: Tax Increment $2,857,927 Transfers in $438,429 , $438,429 PROJECT REVENUES TOTAL $4,827,580 $0 $3.584,996 $4,827,580 Uses of Funds (The TIF Plan is being modified on November 13, 2007, to read as follows) To facilitate the Modification and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table on the following page. Richfield HRA Modification of Tax Increment Financing Districts 61 USES OF FUNDS Land/Building Acquisition Site Improvements/Preparation Costs Installation of Public Utilities Public Parking Facilities Streets and Sidewalks Public Park Facilities Social, recreational or conference facilities Interest Reduction Payments. -Bond Principal Payments Bond Interest Payments Loan Principal Payments Loan/Note Interest Payments Administrative Expenses (up to 10%) Other: Interest Other: Paying Agent Fees Other: Rehabilitation/Housing Trust Fund Transfers out (from line 25) PROJECT COSTS TOTAL ORIGINAL TIF PLAN $1,820,000 $280,000 $107,580 $1,500,000 $1,120,000 $4,827,580 TOTAL USES AS OF 12/31/2006 $645,120 $12,410 $1,704,470 $268,475 $346,668 $0 $1,400 $604,000 $0 $3,582,543 TOTAL AS ~ MODIFIED 11/13/2007 $1,613,235 $280,000 $1,704,470 $268,475 $350,000 ,~~ $0 $1,400 $610,000 TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $5,00,000, as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Summary The Richfield Housing and Redevelopment Authority is modifying the District to preserve and enhance the tax base,- redevelop substandard areas, and provide employment opportunities in the City. The Modification to the TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. CUMULATIVE MODIFIED AS OF 12/31/2006 Richfield HRA Modification of Tax Increment Financing Districts 62 APPENDIX A MAP OF THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE TAX INCREMENT FINANCINGDISTRICTS ~~ j ~ ~ ~ a .. ~:~ ~ ~ ~ _~ . , -~~ ~: ~t ~~ ~ r ' i; ~~~ ~. °_ ~ ~~ ~ ' LJ ~. i »,~ ". -. ffiVW4N3 t ~ / ... ~ G`7k11h~9 ~„' ya. ~ _~S i 7xB ~ ~~ • ~ • _ ~.. d x _ ~ xx IY tva~r << + ~~ - a 1- ~,~,~ ~ 1 ,.' - ., .- ; . ~--~ ~ ~' ~ - ,ter ~ - ;! o. snws~~ - _ ~ ~ , .,~\ !" ~ } ~ C ` ~ ~ xy}}ira _ ~ _ ' t _ ~ ~ _ ~ f ---' saxan ~iC.:. t ua~a°f2 y j tiMS4 y 7~3~3~ 1 3 S'FiRi'd't' 1i.laY` MilNYL > ~ ~ ~ ~ ~ ~ ~ ~ ~ s ~ ~ ~ ~ ~ .`3 =A ~% .ffi D ~(~s• Richfield HRA Modification of Tax Increment Financing Districts 63 AGENDA SECTION: ptihl i r ha~9Y'l.n~ AGENDA ITEM # 9 REPORT # ? 9 R ~~' STAFF REPORT CITY, COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: MELISSA POEHLMAN, PLANNING & ZONING ADMINISTRATOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY (~ MANAGER: LEI ITEM FOR COUNCIL CONSIDERATION: Public hearing and second reading of new ordinances related to all zoning districts throughout the City, and the repeal of existing ordinances; consideration of a resolution regarding summa ublication of the above mentioned ordinances. I. RECOMMENDED ACTION: • Conduct and close the public hearing and by motion: Approve the attached Ordinance adopting new Sections 507, 509, 512, 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, 526, 530, 531, 536, 538, 541_ and 546; and amending Subsection 1305.27 of the City Code . related to parking in residential districts. • Approve the attached resolution authorizing summary publication of an ordinance adopting Sections 507, 509, 512, 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 111307 - 2nd Reading Zoning Ord 506, 511, 516, 521, 524, 526, 530, 531, 536, 538, 541 and 546; and amending Subsection 1305.27 of the City Code related to parking in residential districts. IL .BACKGROUND Staff, consultant Bill Weber, and the City Attorney have been working on revisions to the City's Zoning Ordinance for two and half years. The proposed changes range from minor grammatical and organizational issues to more substantive policy issues. There are no proposed changes to the zoning district classification of any particular properties within the City. The proposed ordinance was presented to the City Council at the June 26, 2007 study session. On August 27, 2007 the Planning Commission conducted a public hearing regarding this item and on September 24, 2007 recommended approval of the proposed ordinance. A first reading was approved by the Council on October 9, 2007. 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 antennas 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 the 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 has been working on new standards to address issues of occupancy/over-occupancy and those regulations are tentatively scheduled for a first reading before the Council on November 27th. 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 scheduled for a second reading and public hearing on December 11th. • Language regarding nonconformities has been updated to reflect current State Statuettes. • A section regarding non-conforming site improvements has been added. This section is intended to address the fact that many sites in Richfield 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, formerly 516) • Use tables have been added to simplify and offer an easy way to compare district permissions. • Emergency shelters are now permitted 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 principal uses. • Religious institutions are to be no longer permitted in the SO (Service-Office) District. The few parcels that are zoned SO should be reserved for small businesses. Religious institutions are not currently allowed in the C-1 (Neighborhood Commercial) 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 with services has been updated to reflect current 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 garages on sloped lots. Additionally, the height of storac1e areas above detached garages has been limited to six (6) feet. Detached garages are limited to one story. Anything over six (6) 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 the 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 that 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" from the conditional use section. It is unclear what type of use would fall into this category. • Antiquated antenna language has been updated and largely moved to the Building and Performance Standards Section. Telecommunication tower information has been added. • Impervious surface limitations have been added to the single- and two-family residential districts. This issue was addressed at the request of the Council. Commercial & 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 and referenced by the Code. • Site plan review requirements have been added. This is intended to replace the off-street parking permit. • Many setbacks have been reduced when 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 buildings will now be allowed in the C-2 District. • Removed clause. prohibiting construction of accessory buildings prior to principal building. This has been retained for the residential parcels; however, staff believes that it is unnecessary in commercial districts. • Used car sales will be allowed only in conjunction with new car sales. • Distance prohibitions for some uses have remained, other have been removed. At the Council work session discussing the proposed changes, the Council found that the prohibition against gas stations and repair shops within 300-feet of schools, churches and hospitals was appropriate. The existing distance prohibitions for firearm-related uses and tattoo establishments were also thought to be appropriate. The prohibition against pawnshops within 1,000-feet of schools, churches, daycare, libraries and government buildings has been removed. The dissenting vote on the Planning Commission was related to the continued prohibition of tattoo establishments within 350-feet of establishments selling alcohol, 100-feet from the right-of-way of entry streets to the City and within 1,000-feet of other tattoo establishments. • C-3 (High-Density Commercial) District has been removed. • Transitional Activity Permits removed. The regulations regarding nonconformities make these unnecessary. Mixed-Use Districts (Section 537; formerly 530) • The changes to the mixed-use sections are organizational only. Planned Unit Developments (Section 542; formerly 536) • Added review procedures section to more clearly describe 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 that 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 approved as a part of the PUD Final Development Plan will require an amendment. All signs require a City Sign Permit. • Modifications to the major amendment section include the addition of approval for decreases in the approved open space, modifications that will change the number of parking spaces by more than five (5) percent, and the introduction of new uses that 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 will now be standard. • .Buffer yard 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 hg tinq requirements added. • Modest single- and two-family landscaping requirements have been added. These standards will 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 modified in some instances. These changes are based on past practice, comparison with other cities and American Planning Association research. • Parking maximums have been added. An applicant may request a modification by submitting a study of parking demand. • In some instances off-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 layout and is specifically approved by the City Council. The Council would be 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 term off-street parking permit has been replaced by site plan review, which is more reflective of the actual process. • Initiation of a zoning amendment 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 away 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 (4) vehicles per unit. The current code prohibits parking in designated "turnaround areas" and this will not change. No more than one (1) 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 snow emergencies. III. BASIS OF RECOMMENDATION A. POLICY • The rules and regulations of a City's Zoning Code are meant to. protect health, 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 City's Zoning Code has been updated from time to time over the years, the last major reworking was in .1999. • The existing' code has a number of inaccuracies related to State Statutes and various instances of antiquated terminology. B. CRITICAL ISSUES • 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 new 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 extensive 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 adopt the new code in its entirety. • For those interested in directly comparing the current and proposed codes, a copy of the current code is available at City Hall or online at: www.cityofrichfield.org/cd/planning&zoning/zoning/zoningmain.htm. C. FINANCIAL • N/A D. LEGAL • Notice of this hearing was sent to all residents and business owners in the City. • The Planning Commission voted (6-1) to recommend approval of the proposed ordinance. • If the City Council adopts the recommended changes, they will take effect 30 days following publication in the Sun Current. IV. ALTERNATIVE RECOMMENDATION(S~ • Reject the proposed ordinances and revisions. V. ATTACHMENTS • Ordinance • Resolution • Proposed Zoning Code • Current Zoning Code is available at City Hall or online at: www cityofrichfield org/cd/planning&zoning/zoning/zoningmain htm • Zoning map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A SECTION 507 -ZONING: PURPOSE AND DEFINITIONS 507.01 Title .............................................................................................:...............507-1 507.03 Purpose ........................................................................................................507-1 507.05 Rules of construction ..................................................................................507-1 507.07 Definitions ............................:.....................................................................507-2 507.01. Title. Sections 507 to 551 contain the zoning code (or zoning ordinance) of the City of Richfield. In Sections 507 to 551, 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 the provision 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 applied, 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. Det"initions. Subdivision 1. 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 mechanical 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) A Fence Berm Figure 1 Subd. 12. "Building, accessory" - A subordinate structure detached from but located on the same lot 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 the corner of the side 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 principal building 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 station/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 of a 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 and 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 Definitions 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 the street to a garage or other authorized off-street parking area; the term does not include (i) anon-contiguous area exclusively set 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 nursing homes, 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. 37. "Dwelling, multi-family" - A residential building or portion thereof used for occupancy by three 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. independently 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 wall to be used for entry, light, and ventilation. Dwelling units may be individually 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. 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 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-time basis 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 not 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-half 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) 40. -~ ao x so = s o~oo, x 3 stories = 6,000 sq. ft. G.FA. 3 SO' stories ~ °°°° ° °°°°° ° ° ° Figure 2 Richfield City Code Page 507-6 Purpose 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 , accessory building or accessory portion of the principal building for the private use of the owner or occupant of the principal building, primarily for the storage of motor. vehicles, with no facilities for mechanical service or repair of a commercial or public nature. The garage shall have a concrete floor and an access door of sufficient size to accommodate a motor vehicle. (Amended, Bill No. 1999-3) Subd. 50. "Gazebo" - A detached -_ lotline~ -_-----I I ~ ~ I 40' ~ I fi off I i 3 S~ i I 50 ,~u~\d~r9 I i ~ I I i ~ I I ~ 12,000 Sq. Ft. Lot i i Gross floor area (6,000] =FAR [.5] .Lot area [12,000] accessory building that is used for Figure 3 the social or recreational shelter of people and is not used as living quarters. r .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 a metal or wooden frame, in which plants that need heat, light, and protection from the elements are grown. Subd. 53. "Height of building" -The vertical distance to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, as measured from the average elevation of the lot adjoining the front building line. (Figure 4) - GABLE HIP FLAT MANSARD GAMBREL deck line ridge --- eave storyl Height Height Height basement Figure 4 Subd. 54. "Hotel or Motel" - A facility containing six or more guest rooms where lodging is offered for compensation and which may provide supportive services such as restaurants, meeting rooms, and recreational facilities. 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 orsingle-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 machinery are collected, stored, salvaged, dismantled, wrecked, or Fiaure 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 507-5 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 specifically designed and located to allow accessory business use by the occupants of the residence. This may include office and service uses and retail sales of products produced on-site (art, crafts, etc.). Subd. 62. "Lot area" -The total horizontal area bounded by the front, side, and rear lot lines. With respect to planned unit developments. only, lot area includes the site plus one-half of the area of abutting streets and alleys. Subd. 63. "Lot, corner" - A lot abutting and at the intersection of two or more streets. (Figure 6) Subd. 64. "Lot coverage" -The total ground area covered by buildings on a lot, excluding uncovered swimming pools, uncovered porches, or uncovered ground level .landings. Subd. 65. "Lot depth" -The average horizontal distance between the front and rear lot lines. (Figure 7) Street B `; a a Figure 6 Subd. 66. "Lot, interior" - A lot other than a corner lot. (Figure 6) Subd. 67. "Lot, key" -The first lot to the rear of a corner lot, the front lot line 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" -Aline which divides one lot from another or from a street or alley. Subd. 70. "Lot line, front" - On an interior lot, the lot line abutting a street; 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) T ~ T o _` d ~~ o '~ d '~ ° ~ _ U ~ V Key lot Key lot F front lot line front lot line Through lot Interior lot Interior lot Richfield City Code Page 507-9 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 a side lot line that abuts a public street. (Figure 7) Rear Lot Line i ' Lot Depth ~~ Side Lot Lines i i Lof Width ; ~;' Front _.~F Lot Line (frontage) . _ _. _ _ 1. _. _ Street Righf-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. (Figure 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 one or more levels or floors used exclusively for the parking or storage. of motor vehicles. A parking structure may be 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 (SMR), enhanced mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Subd. 87. "Pocket park" - A small park most often serving the immediate 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 less 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 institution offering some element of congregate care 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 N" -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, etc. 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 size is typically small, less than 10,000 square feet of contiguous space. Neighborhood services include convenience stores, coffee shops, cafes/restaurants, barber shops, salons, etc. Subd. 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 commercial retail services include retail uses typically with greater than 50,000 square feet of combined retail square footage either in one single building or attached in a shopping center/mall-like structure. Regional retail services may include some general retailers that are ancillary to the primary use of the site. Examples of regional retail services include: specialty big box stores, discount retailers, shopping centers, restaurants, larger grocery stores, etc. Subd. 100. "Retail business" - A commercial enterprise that sells .good from an ordinary store or at the regular customer price and in small .amounts rather than in bulk. Subd. 101. "Satellite dish antenna" - A parabolic antenna that receives 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 cleaning or 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 the total building area or 500 square feet of gross floor 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 nova 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 have 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 primary street and contains a use that provides for a significant level of pedestrian activity from early morning to late evening hours on weekdays and evenings. Such uses could include retail, service commercial, restaurants, coffee Richfield City Code ~ Page 507-14 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. 117. "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 showing motion 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 in the future. Subd. 127. "Use, principal" -The primary purpose for which land or premises or a building thereon is designed, arranged or intended or for which it is or may be 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 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 ~._.,~ .-~- - -•-•1 ~ i i ~ ; Side Rear Yard ! Lot Line Side , ~ ~ Lot Line i ,~,~' 1 .i ; ~I i E------- -----j Side ! Buf-dinp Roo( ; Side --a i Yard 1------~----- ----------------------~----~ Yard ~ ~ i Front Yard -- ~ ~ . i_. ~._ -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 ......................:.......................................................................... 509-2 509.05 Fees ..........................................................................:......................:..'......... 509-2 509.07 Lot provisions ...................:......................................................................... 509-2 509.09 Accessory buildings ......................................................:............................. 509-3 509.11 .Not encroachments .......................:...................................:.......................... 509-3 509.13 Central air conditioning units ...................................................................... 509-4 509.15 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 1. Requirements declared minimum. In their interpretation and application, the provisions of this code shall be held to be the 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 any provision of this code are either more restrictive or less restrictive than comparable regulations imposed 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 specifically 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 400 of the city code. Subd. 5. Terms not defined. Terms not defined in this 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 betaken 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 may be located on a lot. This subdivision is not intended to prohibit similar types of uses from occupying amulti- 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 both street frontages shall be considered front lot lines. Subd. 4. Front yards: 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 1. Construction of accessory buildings. No accessory building shall be constructed prior to the time of construction 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 building and any other building on the lot shall be determined by Section 400 of the city code. Subd. 3. Eave projection. The roof overhang leave projection) for accessory buildings shall not be located closer than two (2) feet from any lot line; Subd. 4. Relationships to principal building. 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 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 the 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 than 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 the 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. ] 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. Height: 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 aright- 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 of such, 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 area unless designed as an integral part of the fence. Posts for wooden fences shall be spaced at intervals not. to exceed eight feet. Posts for chain link fences shall be spaced at intervals not to exceed ten feet. (Amended, Bill No. 1999-3) Subd. 9. Construction and maintenance. Fences and walls- shall be constructed.. of durable, weather resistant materials that are properly anchored. All 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. Subd. 10. Required screening. Any fence or wall required as a screening device shall be constructed of decay resistant materials that provide screening to the extent required by the 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, 1982,- may continue to 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, 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 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 ~~~^ HOhAWAY EC~o~ _.....~.„.,..,...__d ~` G ~ X11 EIM11 ~~ ct V ~ ' ~~ o ~v a ~~ ~ ~A ROAI'I~AY - ,~ r: -~-- ~,.~. Oti o ~p , a o Q ~ Figures 9 and-lU- - _ 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 properly 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 fully enclosed dwelling. Home 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 storage. No outside storage of products or materials or equipment connected with the home occupation 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 commercial vehicle. Outdoor parking of no more than one vehicle identified for business purposes is 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 or any other applicable district regulations. Subd. 9. Parkin, structural chan eg s_ligh`g. Parking, structural alteration, lighting or similar facilities which 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 facilities shall be provided within any required front or side yard, except upon an established driveway. Subd. 10. Retail sales. Continuous retail sales of products on the premises are prohibited. Occasional sales of products 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. ~ecific activities prohibited. The following activities shall not be allowed as home occupations: a) The repair, whether for consideration or not, of motor vehicles which are not registered to a resident of the dwelling on the property where the repair is made, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident of the property; b) Adult business establishments regulated under Section 1196 of the city code; c) The practice of medical, dental, chiropractic, psychiatric, or other similar treatment 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 gatherings which meet on a regular basis, having 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 addition to the person or persons who occupy the dwelling may be 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 in 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 not 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 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 permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable 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. Nonconforminguse. Except as otherwise noted in this code, there 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. Enlargement of nonconforming 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 which does 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 50 percent of the required setback distance; and iii. The expansion meets all other applicable .city code requirements. (Added, Bill No. 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 unsafe by the proper authority. Subd. 6. Nonconformin sig to 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 require 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 of measurement (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 ...:............................................................................................512-1 512.03 Permitted uses in all districts ............................................................................ 512-2 512.05 Permitted, conditional, accessory and prohibited uses in Residential ........... 512-3 512.07 Permitted, conditional, accessory and prohibited uses 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: Subd. 2. District boundaries. The location and boundaries of the zoning districts established in this code are set forth in "Appendix 1" to this code which Richfield City Code Page 512-1 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 zoning disticts. 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 an 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 Zoning Districts 512.05 512.05. Permitted, Conditional, Accessory and Prohibited Uses in Residential Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Residential Districts. Refer to Sections 514 through 527 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or Prohibited j and Use i I R ~ ~ R-1 MR-1 ~ j i 1 MR-2 ; MR-3 I ;Residential ; I Single-familydetached dwellings ~ Two-famil dwellin C _ i ~N ~ a._._...___~_~___. ` ~ ~P P i P ~ y gs ~ ~ Twm homes j._.___._.~..__._ : N ~ N t C ~ ....2.... N i _........__.......~..~__.e N •~__.___.____.__.__..____..._.__. __ '_Multi-fami~ dwellings (>3 units)__~ ._.._ __...._ _ _ N ,__. N..__._.._~ _ N ~ ._._ P/C P/C Cluster home developments ____ _ _ r_._______._.._._.____~_____ _ - i_ C -.---._.._ N . -___ ~.~_ C j C _~._N _~ Other ~ ~ I ~ j ; -~ _ ..__.__~._._.___~._...~____.--- _._.____ _._ ~ ~____._I._ ____ ~ f I Bed and breakfast inns ~ ~ C E C N [ N N I Cem_ eteries __ _ ____ _ ~~ C N I N N N Day care_facilities ~~ P/C _ _ P P/C ~ P/C ! P/C+: !Emergency shelters T C ~I N j C I. C ~ C j Fences walls and hedges ___.__.__.~ A A '_ A A A ~ Foster fami~ homes, ~_ ~_ ~ G / f A/C ~ A/C ! tUC i A/C A/C arages carports or a residential ~ A ~ A A ~ A A ;structure ' ~ ~ i Gazebos /greenhouses ! A I A j A ! N ( N I I Governmental buildings __ ____ _ f P ~ N C C ( C I Home occu ations ~ ~._....____ P _...._.______.._.._ _._ t ~ A -~•- A -~- A A 3 A ~____.__ __ ~ Libraries~~ublic ~_ P ~ N C j C ~ C _ ____ ~~~ ~ r- ~ Parkin{T ~ i_ .~2__._..___._..._~.~.__.___ _ A ~ A i A I A A ' i ~_ Private driveways__ _~ ~~~ u ~~ `P b ' A A A A A ~ u lic utilities, ma or Public utilities, minor ~_ ~ i i A ~ A ( A A „Recreational facilities, non- C C C N N ~ commercial, principal use . __ I Religious institutions _ C ! N ~ C C C !_ Residential care_facilities P j P I P/C ~ P/C P/C ~_Roomer S ~ u A~ A N j N~ N _at_ellite dish antennas __ A ~ A I A j A A I Schools, public or rivate _~~ ~ C N C ~ C _ C~ I Storage buildin s ,........__~.. _____..._.__, ~ _. A A A A ; . A __Swimmingpools, private j _ A A ~ A A i A Telecommunication towers C C _ ; C C ~ C Utility buildings accessory to A ~ N A , A ~ A telecommun. towers & antennas ____.._._____ .--__._.._..._ __...a.___._ __-- ----_ _______._ ._a^ ____I Richfield City Code Page 512-3 Zoning Districts Section 516.07 512.07. 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~~_. .._.__. ___..._.__ _ ....-_.._...._.~.._.._____._______;~.~._ ' ~ S-O C-1 ! C-2 Adult businesses _ ~ i N ~ N ~ P _ _ 4 Animal kennels _ _ _ N '~~N P ;Apartments within a commercial ~ _ f A ' i A/C _ ^ +~ ~C i buildin ~ I j Assembly, light manufacturing, ~~ ~N ~ N ~ ~ A warehouse _ ~ . ;Auction houses ~ +~~~ r ~-I-~-N --- N P ' ___ __._______......~. _ Auto mechanical /body repair_~ _ _ _ _ _r_..______ !_:~N _... ~__ _ _ N C j ~ r Auto detailin ' N N ~ i Auto or boat sales t N N ~ C I . _ ~ Auto stereo insta_ llation service ^ _ ~~ ~ N N ! P ~ _____ Auto washes ~i N i N _ C f Barber or beauty shops __ ___~_ ~ P/C P/C ~ P/C I Bicycle stores ! N ~ P/C ~ P/C i ~_.____ ;__~______.._.____._.~_.___.____..____ Bi..__cycle repair shams ____..~._.~____...... __...~._____.~ __s_ ._ P/C a ~ P/C ;^~ P/C Bowlinesalleys ~ _ . _. ._.i_ N L N P ~ Carpet or ap int stores _ ~ ~ N ~ __~ P/C ~ P/C , _ ' Cemeteries _ ~ ~N ; N N ~ C i Convenience store ! N ~ P ! PP _ i Dance or~hysical culture studios ,. __ __ _. P ' P I, P ' D~ care facilities _ ~ ^ ~~_ C P ~ P j Drug stores without drive-up 3 N P/C j P/C ~ facili _ Drugstores with drive-u~window ~ N ;--N ~ C E ~ ~_ Emergency shelter, _ __ N ~ N ~ C j Enclosed storage _ _ _ r--__.__.__-_~ ~ ~ A_ _ A N Fences, walls and hedges ~A A A _~ Financial institutions without _ N N ~ P dri_...__ve=up_service _ _ _ 's _ E Financial institutions with drive-up N ~ N C ;service _ _ _ ~ ~ Firearms related uses ~Y N N ~ C ~ __~ I Fortune telling ~..... __ .__.._...... ~ N 3 N ~ ~ P I Funeral homes, mortuaries ~ N N 3 C .Furniture or ap lp fiance stores _ ___. ___N__ j . _ P/C _P/C Richfield City Code Page 512-4 Zoning Districts r. ____ ~._..___._._ _.__~._._.__..._.._____ __..__..._....I_... _-- ; Land Use S-O -~' ~ C-1 ~~ C-2 j j ;Governmental buildings P ~ P P i .~___~_._......~1_.._.._.~._..:____...~ _.___.~r Grocery stores _ ~~___~.... N P/C _ P/C ~ H spital or medical clinic ~~_ _ j P/C _' P/C _ ~ P/C `~~Hotel or motel ~! N _ N~ ~w~C '•.'•. _, _._~ Junk yard _._ .__~__ ~ N j N ; N -r--._.~~_.....~.~.__ ; -. Librartes,_public ~_~__._-._-~._,I P P j P ~_...~.__..~._..~.. 1.._.~._.~_.._. _.. -~- , Li uor store, munici al N C N I P j ..-.__~_..__._~.._~___~ ~_...~._...._._.._..~_.~._~__._____......_~..__.-...__._-P.__._...~_._; Nursing home ~ _ ______._ P _; _ P a___ N Office, single-tenant - j '~ P/C f P/C~ j P/C professional, executive or business ~~ i .__.~~ j Office, multi-tenant - professional, ~ }?/C P/C ~ P/C executive, or business ......~.__.~_._..~__a___~~_.._...~.`.__.~.._...__ __.~_...._.._._ M.~~.~.~~~~....._...~.~.... .__.-._._.~.......~~.. j Outdoor merchandising or storage ~ N ; N ~ N I (except as allowed by Section ~ ~ { ~ 1135 of theCi Code ~_~,___._. .Parking _i _ A __ A ~ A Pawn shops & second hand goods ~ N ; ~ N ~ C ;dealers licensed under Section j ~ j 1186 or 1187 of the City Code i ~ I Public utili ,minor _ A j A I A i P_u_blic utility, major ___~ . C _..~..~i_ C I C ~Reli~us institutions N_i N i 'Restaurant, take-out only (Class ' `-N C P j { ~)_~..__._._ ____ __ I _ Restaurant, fast food /convenience N i N ~ C food (Class III) or any restaurant I ;with drive _u~ service _._......__...._.___._._j..~._..._._ _ ~., ~! ____ Restaurant, traditional or cafeteria ; N ~ C C i (Class II) _ Restaurant, full service Class h ~ N ! N i C j Retail, general (single or multi- N i P/C ~ P/C ~ tenant) _. .. _._._..._~~_~..~__ ~ _ _.._...._..__..______~ ~ i ~_ Schools, public or private _~~~_ I __ N N j P u~.._ __;---~-----._.. Service station N N ~ C __ .__._.__._1 Service station /convenience store ! N ~ N ~ _ C__ I Service or non-auto repair shoes _.._ ~.____P/C , P/C ~~P/C _Tattoo shoIIs__.._....__.._.~._._..__...__.._.~_^_~...~~N_.._._~~.__...._N ~_' C ~ Taxi or limousine service _ i N N ~ P Theater, movie or live ~ N ~ N C j entertainment I N , N P Veterina __clinic ~ __ __._._ ~' _---~._._.~_~._.._......_._.__.._.__.____._.____._~...._._._.__._._.~ __ i Section 512.07 Richfield City Code Page 512-5 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 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use MU-N ~ MU-C ~ MU-R ~ j Residential _ ~~ ~ ~ ~i-Townhome devel~ment _ ~~_~ P ~ ~ __ _N ~- 6~_ N~_ ~ Multi-famil dwellin s ~.__..______..___....Y ~ P ' 1' i P ~_ .._. .__ j Live-work units _ __ -._ ..__.__ _ ; P ~ _ .. _______ _-~ ~~ P ~-~ ~ N _ Assisted living facilities, nursing, ~ P j P ~ N i ;rest homes E ( ~ _ ~ _ . ~-~_-__ ...- _ .-.-_^---_ . _.-.._. ._T___ ~ Other Adult businesses _ _ _ ~.;v ._.-,_ I _ _ ~ N ~ ~ ; __.__._; P ~ P _ Assembly & manufacturing ~ ~ ( N A ! A ;accessory and subordinante to retail use __ _ ~ ~~.~~~ -+ Auto mechanical / bow repair-_~ _.._.{ N C I C Auto detailing ~ j N ~ -- C ? C ~ ;Auto rental facilities as an ~N ~ A A accessory to primary office or .hotel use - ~~._. ._ I ; ; _ _ _ _A_uto_sales -~~- ~~~^ __ _.__~._._ N ~ _ ` ._ N ~ C Clinics ~q p ~ p Convenience store ~ P ( P ~ p- _____~ D~ care facilities _ . j P ! p p ! _ Drive-up window or teller ser_v_ i_c_e_ N ; C i C Firearms related uses __ ! N i~ N ~ C Funeral homes mortuaries _ _ j~ N 3 P } N Governmental buildin~s ~ A P ~ A E _____ _ Health or athletic clubs, spas, yoga j N t~ P P studios ! i_........._._________._..~_____..._---.._._ .. ~..;._._.. i.-- ----- Hotel or motel -------- N a ~ P P I i .Hospitals. _ N ~ ~ I j N P ; Libraries, ~ublic____`__~ ._~_.~ _ P w! P ( N I _.. Offices ~ ' A P P Parking - ___ A I A j A j _ ;Police sub-station __ ~ ~~ ~ _ ~~ P P~ p 'Public utilities ~ A A ~ A ~ ....__.._.__._..__._.___-_.~.__.~_____.__~.-~_. ;Recreational facilities, non- a ~~ ~ P ~ ,_ ~ P p 'commercial, rinci al use ' i Richfield City Code Page 512-6 ~ Zoning Districts Section 512.09 --.__..__.._._._..._..._.......___._.__.....__._.._._ ...................._.__........_..._..._._..._.._:._..__.......~.. Land Use MU-N ! _. _ C MU R MU- ~ - 1 Reli sous institutions P ________.____...._.__.._.____.---_.__...._._._.__.._.____. __.' P A Restaurant, take-out only (Class P ~ P , ~ hN~ i _. _ _________.__ Restaurant, fast food / convenience ~ N ~ C C _ food Class ___~._.__ 1 Restaurant, traditional or cafeteria ~ _~___.__ P __._____..~_ P 3 P (Class II __. __ ' ' ~_ Restaurant, full service (Class I) E N ~ C P Retail nei hborhood services ! ~ P ~ P Retail, eneral services .~._.__..___~_ _ __ __________..___._-_,.- ' ...__C.___;_ P -.______ P ----~ Retail,.re~onal services ~_______.~.._ .._..N __ _ C.__._~ _P Schools,..Public or Private __ __ ~._L _.. P ._._..j. ~.._P.~~_ C I i Service station ..._-----_____T.__._.____._.___.__._.__.._._.___ .N ~ __. ____ P ~ P i Service station /convenience store N P ~ P ~_ . W_________~_._____-.___ _._._........_.._._._ Theaters, movie or live ~ __ .__.__._ ; N __ _.__._____._. N ~ ~ _ . P entertainment 1 _.. .-- - ~ --.- - ~ _ .~..____._._.__.~______._ . Transit facilities ___._._..._.._.____.____._..___._.__.__._..__.....___~____._a_ A .__...__~._ ' i A ; __._.._-__..__~...__ ( A ___ E 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 Richfield City Code Page 512-7 Zoning Districts Section 512.11 Land~Use E Paper_products manufacturing i P ! ___.._ ': Parking __ _ _ ......_. _..._._ .___`. ~ A_ ~_ ~ 'Pawn shops & second hand goods C " dealers licensed under Section 1186 or 1187 of the City Code ~ _ _ _ ~ Rubber or plastics products j P manufacturin ~____ ~ : ! ; _ _ ____..___.._._ _._.__._._~__~__.~ A_.~.._ Satellite dish_antennas ______ ;Stone, clay or glass products _ ~ P manufacturing T l i i ' _ ~ C ~ e ecommun cat on towers _ Textil~roducts manufacturing _ _ I~__ P__`~ Wood~roducts manufacturing _ _ ; P __~ Richfield City Code Page 512-8 SECTION 514 - SINGLE-FAMILY RESIDENTIAL DISTRICT (R) 514.01 Purposes .........................:.........................................................................,....514-1 514.03 Permitted uses ........:............................... .....................................................514-1 514.05 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 ........................... ...................................................514-12 514.01. 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 9502.0315 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 buildinE 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 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) Al} 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 lots, driveways shall be set back at least 3.0 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 street to 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 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. 7. The accommodation of one roomer in addition to the family, provided that: a) The roomer plus the family 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 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 lot 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 500 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 514.13, except that asingle- 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 lot per 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 Code 514-4 Single-Family (R) Residential 514.07 f) The density of the development may not exceed the density recommended in the comprehensive plan. (Added, Bill No. 1996-22; Amended, Bill No. 2002-11) Subd. 4. 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 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-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. Subd. 6. Cemeteries (may include mausoleums and crematories), provided the following conditions 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 significant traffic on local residential streets; and Richfield City Code 514-5 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. 8. 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. 11. 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 R 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. 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 ~ Lot area Lot width ~ i (sq. ft.) ~ (feet) ( j Lot depth (feet) ~ Max. lot ~ coverage ; i ~ Maximum j impervious surface Single-Family : 6,700 ~ 50 I _ 100 ~ 35 % 45 _ _ __ Two-Family ~ _ T ' _ ~ X9,000 60 _ 100 i 35 % ! 45 CCluster home ~~ ~ ~ _ 2,900 ....~.~. _._ i_.__ ____.-- ~----- ~ t -~ ~ Development in R- ~ Per Unit j 60 100 35% 75% SFH Guided Area ! ~ i ~ Cluster home 4,000. ~ Development in Per Unit ~ ~ ~ Non-R-SFH Guided ~ i 60 100 I 35 % 75 % ~ ;Area ' ~ ~ ; , .Non-Residential ~ 40,000 ~ 150 j 100 I ~ 50 %~ ~ 85 Subd. 3. ~ecial grandfather clause for certain R lots. A lot that was a lot of record on or before June 1, 1995, located in the R 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) development provided that the width of such lot is not less than 40 feet and such lot contains at least 5,000 square feet in area. ~.°, Richfield City Code 514-7 Single-Family Residential (R) District Section 514.13 514.13 Building setback and height. 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): ~ I ~ Maximum Use I Front ~ Rear In terior ;Street /Corner E Height j i ' Side ' Side Single-family building 30 25 ~ 5 j 12 25 (but see Subd. 3 and 5) i ~ i j ~ ~ _ ~ __ _ --- Two-family building (but 30 25 ~ 10 12 ~ 25 see Subd. 3 and 5) ~ ~ ~ ~ ~ ;Cluster home development i 10 ~ j i j ~ in R-SFH guided area (but , ~ 25 j 5 12 I 25 (but see ~ ;see Subd. 3 and 5)' ~ ~ d ~ ~ Subd. 8) _...~_____ ..._._..__..~____._..._;._ Cluster home development _....__...__~_ 30 _.. .___..~_._....~ __ry___.__. I 25 ~ _...__._.~ 5 . ____..w_.......~__...-----.. . , ~ 12 _ _ ..__._.. ._............. ~. 25 (but see in non-R-SFH guided area j ' ~ i I ~ Subd. 8) , (but see Subd. 3 and 5) ~ I j ~ ' i r._.__._._._.._._.. .. ___._.., Accessory -garage (but __.._____ 30 _._~~_._.__ _ 3 i 5 _ __ _ _ > i 12^ ~ ~ __ >_ ...___ 142 j see Subd. 3-6) ~ (5 if utility ~ 3 ~ ._~.._.....__..._..._.. ~ Accessory -non-garage ; 30 easement) __ 3 ~ 5 12 12' I (but see Subd. 4 and 5) ~ (5 if utility ~ 3 ! ~ easement) ~ i _ _ _ _ _ Non-residential buildin ~ g _ _ _ 40 30 ; 30 30 ~ 42 E (but see Subd. 5 and 7) a ~ i ~ j ~ ~ _. _ I ____w_._.__..._..._...__..._....__~._._.__ __ Accessory building to non- ! _____.---.- 40 .- .- 10 j 10 ~ 30 15 ;residential use (but see i ? ! ~ {Subd. S) ~ ~ i ~ { E ~ ' 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 garages, height is measured on the side of the building with the vehicle door. The storage height above the parking 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 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; (Amended, Bill 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 ofthe-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 aone-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 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; 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 project 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 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; Richfield City Code Page 514-9 Single-Family Residential (R) District Section 514.13. (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 Development Director 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 ofthe-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 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 514.13, Subd. 3(g). The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings. (Added Bill No. 1998-12) Richfield City Code Page 514-10 Residential (R) District Subd. 4. Setback reductions for residential accessory buildings. setback reductions apply in the R 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 (Figure i 0); and b) On lots which provide alley access to the rear and there is no utility easement, a detached garage may be located no less than two feet from the rear .lot line, provided that the setback requirement of Section 514.13, Subd. 6 of this code and all building codes are met. Section 514.13 l he Rear Lot Line r._.~._._._._._.l i ~ i ! rear i 3~~! ~ building i ~ line i y i Garage i i • --F°•------- - i T i House Interior i ~ Side i ~ Lot Line i ~ i i ~ i i _. ~. _ Front Lot Line Figure 10 Subd. 5. Additional setback requirement: all structures located on a corner lot that abuts a kev lot. On a corner ]ot which abuts a key lot, the street /corner 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 12 feet. (Figure ll) Corner lot " " streetside d `~ j side lot line o= ® required --~~ ; setback ~; ~ existing Key lot ® front setback front lot line ---~ curb Figure 11 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 setback requirement shall be not less than 15 feet. Richfield City Code Page 514-11 Single-Family Residential (R) District Section 514.13 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 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 ~3 5 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 514 - SINGLE-FAMILY RESIDENTIAL DISTRICT (R) 514.01 Purposes .....................................................:.................................................514-1 514.03 Permitted uses ........................................ .....................................................514-1 514.05 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 ......:.................... ...................................................514-12 514.01. 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 9502.0315 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 buildinE 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 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, 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 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 street to 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 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. 7. The accommodation of one roomer in addition to the family, provided that: a) The roomer plus the family 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 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 lot 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 500 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 514.13, except that asingle- 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 lot per 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 Code 514-4 Single-Family (R) Residential 514.07 f) The density of the development may not exceed the density recommended in the comprehensive plan. (Added, Bill No. 1996-22; Amended, Bill No. 2002-11) Subd. 4. 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 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-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. Subd. 6. Cemeteries (may include mausoleums and crematories), provided the following conditions 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 significant 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. 8. 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. 11. 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 R 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. 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 Lot area ;Lot width j Lot depth i Max. lot ~ Maximum '~' j (sq. ft.) (feet) ~ (feet) ; coverage impervious 3 surface Single-Family j 6,700 j 50 100 ~ 35 % 45 1 _ jTwo-Family i 9,000 i ! ~ 60 100 35 % 45 Cluster home j 2,900 ~ j ;Development in R- Per Unit ~ 60 ~ 100 35 % 75 % j 'SFH Guided Area ~ ~' ~ ~ i --___.-_.._. Cluster home ~~~ j 4,000 ~ i Development in Per Unit Non-R-SFH Guided ~ 60 I 100 35 % 75 % ~ Area ~ j ~ ~ ~ 1 Non~Residential ( ~ 40,000 150 t 100 50 % ; _..~j 85 % ^ Subd. 3. ~ecial grandfather clause for certain R lots. A lot that was a lot of record on or before June 1, 1995, located in the R 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) development provided that the width of such lot is not less than 40 feet and such lot contains at least 5,000 square feet in area. Richfield City Code 514-7 Single-Family Residential (R) District Section 514.13 514.13 Building setback and height. 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): _ .._~ ..- - -- :.________. _ ..._..__ .__...._._._.._ _r._.._._.. ____; __ _ ~ - -- Maximum } Use ~ Front Rear ~ Interior Street /Corner ~ Height Side Side Single-family building ~ 30 25 y 5 ~ 12 ~ 25 (but see Subd. 3 and 5) ~ ~ Two-family building (but ( 30 ~ 25 -~~ 10 ~ 12 j 25 _-~' ~ !see Subd. 3 and 5) ~ j ~ , Cluster home development ; 10 ~ ~Y _ ~ . in R-SFH guided area (but ~ ~ 25 ~ 5 3 12 25 (but see see Subd. 3 and 5)' . ~ ; ~ ~ Subd. 8) Cluster home development { 30 25 5 ~ 12 j 25 (but see in non-R-SFH guided area i i Subd. 8) (but see Subd. 3 and 5)' 1 j Accessory -garage (but _ j 30 3 j 5 12 ~14Z ~ 'see Subd. 3-6 ~ ) i ~ i ~ (5 if utility ~ f easement) ~ ~ ~ ~ Accessory -non-garage lu M 30 ~ ( ~ ' I (but see Subd. 4 and 5) j ( I (5 if utility E ~ i j ° ~ a ~ __ ~ easement) _...._ ._____ ~...-..~_._. _._.____ ~ ~. . ' _ _~.._.~_ _ .. Non-residential building 40 ~ 30 ; 30 r 3 30 { 42 (but see Subd. 5 and 7) I ~ 1 i._....~_______._ _~_.__~..~.~_._~.-.. Accessory building to non- ~ _____~..._. 40 _.~______Y__.~__ ; ~ 10 ~ _._ 10 .._ ~ _.__._._. j mm 30 i 15 I residential use.(but see ~ ~ ~ ~ Subd. 5) j ' 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 garages, height is measured on the side of the building with the vehicle door. 'The storage height. above the parking area in 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. (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 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; (Amended, Bill 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 aone-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 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; 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 project 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 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; Richfield City Code Page 514-9 Single-Family Residential (R) District Section 514.13 (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 Development Director 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 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 514.13, Subd. 3(g). The Director may attach conditions to the approval of the porch encroachment as needed to make the required findings. (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 buildins;s. The following setback reductions apply in the R 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 (Figure 10); and b) On lots which provide alley access to the rear and there is no utility easement, a detached garage may be located no less than two feet from the rear lot line, provided that the setback requirement of Section 514.13, Subd. 6 of this code and all building codes are met. Rear Lot Line ~._.,~ ._._._._._.l i i i i ~ rear i 3~~! ~ building i ! Gara a line ~ ~! 9 ~ -5.-r- -- i • ---t---•---°- - 7 T i House Interior , ~ i Side i i Lot Line i i ~ i i Front Lot Line Figure 10 Subd. 5. Additional setback requirement: all structures located on a corner lot that abuts a key lot. On a corner .lot which abuts a key lot, the street /corner. 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 12 feet. (Figure 11) Corner lot " " streetside d c~ side lot line o= "' ° i ~ required -~ sethack -~I existing I(ey lot ® ~ front k setbac front lot line --~ curb Figure 11 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 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 setback requirement shall be not less than 15 feet. Richfield City Code Page 514-11 Single-Family Residential (R) District Section 514..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 fo 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 feeYin 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 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 ............................................................................................ 518-4 518.11 Lot area, dimensions and coverage ............................................................. 518-5 518.13 Building setback and height ........................................................................ 518-5 518.15 Additional regulations ......................................................................:......... 518-8 518.01. Purposes. 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, privacy and 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 to the 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 are permitted 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 9502.0315 to 9502.0445, serving 14 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-1 District shall be subject to the same zoning regulations as single-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 the R-1 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-1 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 518-1 Low-Density Single-Family (R-1) District. 5.18.05 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, Bill No. 2005-8) e) Driveways, where located within the boulevard or the front yard area, are subject to the following requirements: Richfield CityCode 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 street to 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 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. 7. The accommodation of one roomer in addition to the family, provided that: a) The roomer plus the family 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 off-street parking space shall 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 the park; 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 1. The standards set out in this subsection apply in the R-1 District. Subd. 2. Minimum lot area, dimensions and coverage. ~ La use ~ Lot. area ~ Lot width ;Lot depth ~ Max. lot ~ Maximum (sq. ft.) (feet) 1 (feet) ! coverage impervious I ( i i j ~ surface Single-Family ~ 10,000 ? 75 j 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) development provided that the width of such lot is not less than 50 feet and such lot contains at least 6,000 square feet in area. 517.13 Building setback and height. Subdivision 1. Standards. The standards set out in this subsection apply in the R-1 District. Subd. 2. Buildin g? setback and maximum hei ght (measurements in feet): i ~ ! Maximum 1 !Use Front j Rear ~ Interior ~ Street / ~ Height { i ; ' Side i Corner Side jSingle-family building 30 25 10 j 15 ~ 35 (but see Subd. 3 and 5) I ~ ~ I , ! , ! Accessory -garage (but ' 30 ~ 3 __ 10 _ 12 ' __ ^ 14' see Subd. 3-6) ~ ; (5 if utility I ~ ' ~ easement) _ _ Accessory -non-garage -;__~_ ----j--- 3 30 I 5 12___.--__ i - 122.___,_._ (but see Subd. 4 and 5) f (5 if utility ~ ~ easement) 'For garages, height is measured on the side of the building with the vehicle door.l'he storage height above the parking area in a detached garage cannot exceed six (6) feet in height. z For non-garage accessory structures, height is measured from the ground level to the highest point of the roof. Subd. 3. Setback reductions for prip ncinal buildings. The following setback reductions apply in the R-1 District: a) On a corner lot, 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 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 maybe 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 shall 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 encroachments" 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 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 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. 1998-12) Subd. 4. Setback reductions for residential accessory buildings. setback reductions apply in the R-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 (Figure 12); and b) On lots which provide alley access to the rear and there is no utility easement, a detached garage may be located no less than two feet from the rear lot line, provided that the setback requirement of Section 518.13, Subd. 6 of this code and all building codes are met. the Rear Lot Line r._.~.---•-•-•-•1 i i i i ! rear i g~~! ~ building i ~ line i ~ , Garage i -T -!---------- House - i i Interior Side i i Lot Line i ~ i ~ i i Front Lot Line Figure 12 Subd. 5. Additional setback requirement: all structures located on a corner lot that abuts a kev lot. On a corner lot which abuts a key lot, the street /corner 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. (Figure 13) Corner lot " " streetside d ~` side lot line - o= required -~j i ~ setback _ -~) existing KeY lot ® ~ -front k setbac front 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 setback requirement 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 RESIDENTIAL DISTRICT (MR-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 :................. ......................................................522-7 522.15 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 higher population densities; provide opportunities 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, 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-1 District shall be subject to the same zoning regulations as two-family dwellings in the MR-1 District. Subd. 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 in the MR-1 District. 522.05. Accessory building and use regulations. Subdivision 1. 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 to accessory buildings in the MR-1 District: Richfield City Code 522-1 Two-Family Residential (MR-I) 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 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: (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 street to 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 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 511 of this code. Subd. 10. Roof-mounted television antennas. Subd. 11. 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 traffic 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 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. (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 the 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) 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) 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 any lot line which abuts a residential parcel. Subd. 8. State-licensed residential care facility serving from 7 through 16 persons. 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. Subd. 9. 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 541.25 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 541.25 this code shall be allowed Richfield City Code 522-5 Two-Family Residential (MR-1) 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 511.21 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 ~ F Lot area Lot width Lot depth Max. lot Maximum j { (sq.ft.) ~ (feet) i (feet) ;coverage ; impervious I ( I ; i surface i Single-family ~ ...._.._____..._._ _._______~:-_ 6,700 ~ __. i..... . 50 ! __ . 100 35 % ~ 45 . Two-family j _ _ 10,000 ._ 75 ~~100 ~ 35 % ; o 45 /o Cluster home developments in R- 2,900 60 100 ~ ° ~ 35 /° 75 SFH guided area ~ per unit ~ ^ Cluster home i ( i ;developments in j 4,000 60 ;non-R-SFH guided per unit E 100 35 % ~ 75 ;area ~ No d ti l 40 000 150 100 50 / 85 / t n-rest en a i ; ~ ......-----~.~~...._.__1~.~.~~_.~..._~.._._...._.~~.._..~. ~ _____.x I .._. J__~ o _ _ o .._.-~. ._.~ 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 522.13 522.13. Building setback and height. Subdivision 1. Standards. The standards set out in this subsection apply in the MR-1 District. Subd. 2. Buildin g setback and maximum hei ght (all measurements in feet): ___~ `~~ _ ~ i - ~- Interior ~ Street ; Maximum ;Use Front; Rear ~ Side Side 1 Hei ht jSingle-family (but ~ 30 25 10 ~ 15 25 f see Subd. 3 and 5) ~ ~ ~ ! t` ~ ~ i ~ i Two-family (but see ± 30 ~ 25 ! 10 T ~ 15- 25~ Subd. 3 and 5) ~ ~ I i i ~.. _~.;.. Cluster home 150 ft. from ; _._.... ~1_.~_._.~..__._..1..._____._..._.~ j ~ 1 ~ developments in R- ~ centerline I 25 j 10 i 15 ~ 25 (but see SFH guided area ~ of ~ i ~ Subd. 7) (but see Subd. 3 and ; originally j 5)' platted ~ street ~ ~ ~ ~ ; i j Cluster home 30 ~ 25 ~ 10 15 25 (but see ;developments in ~ j ~ ~ Subd. 7) !non-R-SFH guided ~ 3 ;area (but see Subd. 3 ' ~ i !and 5)' ~ ~ ~ ~ i __ Accessory -garage 30 ~~ 3 10 { 15 2~~-~T (but see Subd. 3 - 6) i (5 if utility ~ 3 ~ i ~~ ~ easement ~ I _ ___ j Accessory -non- i ~ 30 ! 0 10 ' 15 12~ garage less than 120 ~ (5 if utility square feet (but see ~ easement) 'Subd. 5) " ~ ! j 'Accessory non- ~ 30 3 ~ 10 15 142 garage structure (but (5 if utility j see Subd. 4 and 5) r easement) Non-residential 40 30 ! ~ 30 i 30 42 building (but see I ' I ~ i `Subd. 5) i ~ 1 j _ _ Accessory building j 40 ~ 10 ~ 10 ~ 30 j 152,3 to non-residential ~ 1 I ~ ` 'use (but see Subd. 5) ~ j ~ 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 garages, height is measured on the side of the building with the vehicle door. The storage height above the parking area in 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 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, Bi11 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, Bill 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 aone-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. Department prior to issuance of building permits. 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 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 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 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 (Added, Bill 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, provided that the 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 of the porch encroachment as needed to make the required findings. (Added, Bill No. 1998-12) Richfield City Code 522-9 Two-Family Residential (MR-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) On lots which provide alley l--•i 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 key 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 - ----~- - ---- --; " "streetside ~ ~ j side lot line `_ '~ ~ ® ' required -~I setback ~ ~ existing Key lot® tbac se k o e l t Im --f curb Figure 15 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 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 setback requirement shall be not less than 15 feet. Richfield City Code 522-10 Rear Lot Line ~._.~._._._._._.1 i i i ; ~ rear i 3~~! ~ building i Garage line ~ -i- - 5~•i------••- T '~ i House Interior , ~ i Side ; i Lot Line i i i 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 150 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 maybe 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, Bi11 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 shall contain a minimum of 960 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 Requirement. 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 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. 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 541. 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 SECTION 525 -MULTI-FAMILY RESIDENTIAL DISTRICT (MR-2) 525.01 Purposes ......................................................................................................525-1 525.03 Permitted uses ..................................................................:..........................525-1 525.05 Accessory building and use regulations .......................................,..............525-1 525.07 Conditional uses ..........................................................................................525-2 525.09 Prohibited uses ................................................,.......:...................................525-4 525.11 Dimensional and parking regulations for multi-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 .......................................525-8 525.17 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, 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 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 developments) with eight or fewer units. (Amended; Bill No. 1996-22) 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-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.OS. 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 accessory buildings 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. 6. 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 mass of 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, Bill 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 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 cari 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 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. 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 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 16 persons provided that designated pick-up and drop-off areas shall be located on the site. Richfield City Code 525-3 Medium-Density Multi-Family (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 525-4 Multi-Family Residential (MR-2) District Section 525.11 525.11 Dimensional and parking 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 15,000 sq. ft. lot size Minimum 2,500 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 dwelling 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 75 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 175 square feet to the outdoor open space requirements listed above. Minimum a) Front: 30 feet. setbacks b) Side i) Interior: the height of building or 20 feet, whichever is greater. ii) Street: 30 feet c) Rear: the height of building or 25 feet, whichever is greater Richfield City Code 525-5 Medium-Density Multi-Family (MR-2) Residential 525.11 Subd. 2. Minimum parking_for multi-family structures (excluding cluster home develompentsl: 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 parlanE reEUlations 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 comprehensive plan: 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 covera 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 reauirements for cluster home developments (in feet): ,......_.___._______~__.._ .~ Use i .__.___._ .~_^__________ ~_.T .Front Rear ~ Interior ~ Street Side i Side Cluster home :developments in R- ~ 10 25 ~ 10 = 15 SFH guided area I (but see Subd. 3 __ _ ~ . -~ ~___~ .___...._ ..._..__.. Cluster home ~.~___..______..__~..____ j developments in ~ 30 25 20 ~ 30 ~ non-R-SFH guided ~ ; j ~ I ~_._._ ;area. (but see Subd. ~ I (Amended, Bill No. 2002-11) Subd. 3. Setback reductions: the setback requirements for 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: a) 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 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 building 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 be in a garage, shall be provided for each dwelling unit. The Council, at its discretion, may reduce the minimum required parking fo 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 525-7 Multi-Family Residential (MR-Z) 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 units. 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 SECTION 527 -HIGH-DENSITY RESIDENTIAL DISTRICT (MR-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 Dimensional 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 population densities; preserve as many as possible of the desirable characteristics of the 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 traffic 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-family residential areas that are safe and attractive. 527.03. Permitted uses. Subdivision 1. The uses listed in this 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 services establishment registered under M.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 building 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. Subdivision 1. 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 traffic 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 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. (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 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 16 persons provided that designated pick-up and drop-off areas 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 to 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. Richfield City Code 527-4 High-Density Residential (MR-3) District Section 527.11 527.11. Dimensional and parking regulations for multiple-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 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 dwelling units. b) For each bedroom in excess of two in any one dwelling unit, add 500 square feet to the minimum lot area per dwelling unit. Minimum 150 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 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 may be 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 Richfield City Code 527-5 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. _..___..~._.._._.__.......~.~_._..-_..__~_. _,. _ ._r ._~_~.~.____,_._~..~_.~, Minimum E Minimum ~ Maximum i Maximum ;Minimum setbacks j lot size ~ lot width ~ lot ' building f ~ ~ coverage height. ~ 60,000 150 feet ~ 30 % 50 feet ~ a) Front: 40 feet. f square feet ~ ~ ~ I ~ ~ b) Side: i i i) Interior: 30 feet ~ I I ? ii) Street: 40 feet i ; I ; ` 1 ~ ' c Rear: 35 feet. ._._.._......_~_._._.._......L _ _. ..~_._.__..__~.___._..:_._. ..._.._~_.______ (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 efficiency units. No more than 25 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 527-6 SECTION 529 -ZONING: SERVICE OFFICE DISTRICT (S-O) 529.01 Purpose .....................................................................................:.................. 529-1 529.03 Permitted uses ............................................................................................. 529-1 529.05 Accessory building and use regulations ...............................................:....... 529-2 529.07 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 1. The uses listed in this Subsection are permitted uses in the S-O 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 shops, 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 6,000 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 529.05 529.05. 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-O 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 1. Prohibited uses are listed in Section 512.07. Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter or in Subsection 512.07 is prohibited in the S-O 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-O district other than sales directly resulting from and incidental to service, maintenance or repair work. Subd. 4. No services regulated under section 1187 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. Interior lot: 60 Corner lot: 75 ~ ~ Minimum lot width j _ _ Minimum lot area ~ ___ T....._......~. {....._ ~.~...~......__.._......__..___..~.._ _ 8,000 square feet _ .A_._.-_ ~ Maximum impervious 75 percent ;surface coveraize __.~__.._._.....1.._~_.._.___ ____ ~_ ...._.._-_____~ Setbacks -building ~ Princip al building Accesso ry building !Front (see also Subd. 2) ~ 30 I 30 ' Rearu..__._......_.._.._____..__.._____.__..____ .~_.-.. __ _A~acent to R,.R-1 District ___ _ ~~ ~ 15 ~ ~ 8 Adjacent to non-R, R-1 ~ ~ 5 5 ~ District Interior side Adjacent to R, R-1 District ~_ ~ ~ 15 15 Adjacent to non-R, R-1 ; 5 ~ 5 !_District _ _ _ j ____ I ___ T , Street /corner side (see also ':. 12 ' ~ 12 r . I Subd.3 F Setbacks -parking (measured from property line) Front (but see Subd. 5) 8 Street /corner side (but see 8 '~ Subd 5 ! Interior lot line_ ~_ _ Adjacent to R, R-1 Dist_r_ict I 10 Adjacent to non-R, R-1 5 i District ~ a Richfield City Code Page 529-3 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, such 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 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. 529.13 Other Requirements. Subdivision 1. The following additional requirements apply in the S-0 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. Signs. Signs within the S-O District shall be regulated by Section 416 of the City Code. Subd. 5. Design guidelines. 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 small retail 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 in the C-1 District. Subd. 2. Neighborhood shopping centers or similar multi-tenant developments with 6,000 square feet or less of gross floor area. . Subd. 3. Neighborhood retail businesses with 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 of gross floor area. Subd. 6. Licensed day care 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. Accessory 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 gross floor area. In addition to the general accessory building provisions of Subsection 509.09, accessory buildings must meet the following criteria: Richfield City Code ~ 532-1 Neighborhood Business (C-1) District 532.05 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. Aparhnents 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 specifically to serve the residents of the neighborhood area. Subd. 3. Neighborhood retail, service, and office establishments (excluding those listed in Section 512.07) 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 N (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. Aparhnents above the first floor of a commercial 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 land use not listed as Permitted, Accessory or Conditional in this chapter or in Subsection 512.07 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 requirements. Subdivision 1. The following dimensional requirements apply to the C-1 district. All dimensions are in feet unless otherwise indicated. _.~__ Minimum lot width _ Interior lot: 60 ~__ Corner lot: 75 __~ Minimum lot area ~ _ 8 000 s~uaze feet ~ __ _ _~.__..~~._~_._._...~.__..__.._.._.___.._~_._._.~_.._._....W~~_...._._..__ .~._ ~ Maximum impervious ~ 80 percent surface coverage ___ ? ___.___.. _.. _.~. Setbacks -building ~ Principal building Accessory building Front see also Subd. 2 i _._.__ ~.~.._~,__.~.._._._.~-..~-~ ___~ R l 4 o S bd 30 ~_._._ 30 j ____ r.__.~ ear (see a ) s u . ;_.____.~____......._ __rt Adjacent to.R, R-1 District_ ~ 15 8_ Adjacent to non-R, R-1 5 5 _District !_ __ i i _ _ __ f Street /corner side (but see ~ ~ 20 20 E ~ Subd. 3 & 4 __ ~ I-- G ; Interior side (see also Subd. 4) _ Adjacent to R, R 1 District~~-~~- - _ 15 10 ( Adjacent to non-R, R-1 1 5 ; 5 District j ' Maximum building height ~ _._. ^ T, 30 ~_.__r 15 _....~_._...._.-._. _Story limitations _ _ _ _-~~ 2 stories j 1 story _ I Setbacks- parking (measured from the property line) j Front (but see Subd. 5) j 8 ;Side /corner side (but see 8 Subd 5) ~ Interior side ~ _i ~ _ Adjacent to R, R-1 District _ 10 Adjacent to non-R, R-1 ____ _ 5 f District Richfield City Code - 532-3 Neiehborhood Business (C-1) District 532.11 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 a single- family house. - Subd. 3. All structures located on a corner lot that abuts a ke•~. 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 ~_ wo ~i 30' ' "streetside" side lot line ' Key lot lot fne curb Subd. 4. Vehicle access door facm~ 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. Sigi s. Signs within the C-1 District shall be regulated by Section 416 of the City Code. Subd. 5. Design guidelines. 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 532-4 SECTION 534 -GENERAL BUSINESS DISTRICT (C 2) 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 Richfield 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 residential properties, to minimize adverse effects on surface waters, and to not significantly degrade the level of service or safety on nearby roads. 534:03. Permitted uses. Subdivision 1. The uses listed in 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 50,000 square foot size limitation if located within a shopping center or other multi-tenant building. Subd. 4. Class IV (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 institutions and related convents or parsonages. Subd. 9. Adult business establishments as defined and regulated under Section 1196 of the City Code. Richfield City Code Page 534-1 General Business fC-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 Class II (traditionaUcafeteria) restaurants, provided that alcoholic beverages not be served unless the lot abuts an arterial or collector street. Subd. 7. 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 four cars (70 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) Alcoholic beverages shall not be served. Subd. 8. Hotels and motels, provided the following conditions are met: a) A buffer yard of not less than 3 5 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 less than 25 feet if significant additional landscaping and berming are provided to screen the hoteUmotel 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 auto or boat sales or lease businesses, provided the following conditions are met: a) The business shall be licensed under Section 1155 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 this subdivision, 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 (C-2) 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. 11. 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 300 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 in width 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 tire 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 Page 534-4 General Business (C-2) District 534.07 h) Any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code; i) Queuing space of at least 20 feet shall be provided in front of the pump island in each direction in which access can be gained to the pump -- 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, or within the required parking lot setback; j) .Pump islands shall be located not less than 20 feet from any property line; k) )f 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 1) Canopies shall comply with the following regulations: (i) The canopy may extend up to twelve feet beyond the center line of 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 may be permitted; (iii) The canopy shall be at least 14 feet in height, but not greater than 16 feet 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 located within 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, Bill No. 1996-7, Sec. 2) c) 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; d) Vehicles that are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the 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 be stored in appropriately designed and screened areas as approved by the 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 (105 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 1186 or 1187 of the City Code, auction houses, and consignment auction houses, provided the following conditions are met: a) Such uses shall be located not 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 permitshall 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 General Business (C-2) District 534.07 d) Exterior loudspeakers or public address systems shall not be audible from any residential parcel; e) Auction houses and consignment auction houses shall have designated on- 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, or governmental 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 than 100 feet from residentially zoned property; e) Firearms-related uses shall not operate before 8:00 a.m. or after 9:00 p.m.; f) Firearms-related uses .shall only be allowed within an enclosed structure 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 trailer or other non-permanent building; h) .Any firing-range existing in the City on or prior to January 1, 2004 shall be allowed to continue; i) The design and construction of any firearm-related use shall totally confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered architect and engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine; 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 maintained by the range operator. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by photo identification; 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 f) 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-2) District 534.07 b) Meals for those served by the shelter shall be prepared in a kitchen approved for commercial use. Subd. 20. Cemeteries (may include mausoleums and crematories) that comply with the R District provisions and requirements, as set out in Section 514.07, Subd. 8 of this code. Subd. 21. Aparhnents within commercial buildings. Subd. 22. Telecommunications towers in conformance with Section 544.25 of this Code. Subd. 23. Major public utilities. 534.09. Prohibited uses. Subdivision 1. Prohibited uses are listed in Section 512.07. Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this chapter or Subsection 512.07 is prohibited in the C-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 Page 534-9 General Business (C-2) 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. Minimum lot width i Interior lot: 75 ~~_ Corner lot: 90 Minimum lot area 9 are ,000 s uq feet 4.___-~. .,____.~.._... ~..__- ..............._--...-.~.~ Maximum impervious .._._. _._....~ .-__~ _.. . .-~_..~.~. __~~,-.~.~.i 85 percent surface coverage .-._ __._.....-------.._.._..__ _..... -__ F Setbacks -building Principal building Accessory building ;Front see also .Subd. 2 ; ' Rear see also Subd. 4 ? . ~ 1 Adjacent to R, R-1 District . _...C.. _ ... _ _._._._ 20 _._._. . _-._._._...._~--_.__~__._..._.._.-8 . . ~ i .. . ._. Adjacent to non-R, R-1 _ .. _ _ _ 5 _ __._.._....__._ ._. ; 5 District ~ . _ i _..__ ._______ ~ ___ ., ____..____ ...._......__.__._.._.________ ____ r Street /corner side (but see ~ _ 25 ~ 25 F _ Subd. 3 _ _ _ _ _ _~ ~_~ ~.-____~___._...--_-_ _ i ______..~.._.._._________-....___~._~_ __ k . . Interior side (see also Subd. j 4) z _____ .__.. .._.__~_.__.._.._. .~ Adjacent to R, R^1 District ~ ._._..._..__.__.___ _ .. ~~ .._._._..____ _ _ ~ 20 I _ __ ,_. r_..._.._.__ Adjacent to non-R, R-1 _._._._._.____. _..._ . 0 _.___ _._ ____. .~.~...__._. ; 0 District ' ~ ~ Maximum building height ~ 40 15 but see Subd. 5 Story limrtat~ons 3 stories ~~ 1 stor.,y 1 Setbacks - arkin j Front (but see Subd. 6} _____ _~_ ..___.~___ 8 ___~_ ~ ____~_ Street % corner side (but see ~ 8 I ~ Subd~~___.~_._._._____~~i__________~__..__._~_-- ~__.._ Interior lot line ~ ~.__._..__~~w___-._._ ._._._-.~: __..____-.i._._..._____.__-__.__ 3 i _ Adjacent to R, R_l District._i__.._._._._~....____._~___ls-____._.~_____._.__..___i Adjacent to non-R, R-1 S 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 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 13.) Corner lot d ~_ o,~, w o ~ -~! 30' ' "streetside" side lot line Key lof front lot line ~ curb 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 side or rear lot line, such side or rear setback requirements shall be not less than 20 feet. Subd. 5. Maximum hei h~ t_, exception. The maximum height of principal buildings may be increased to 100 feet in the case of property located within the I-494 Corridor, defined as that area east of I-3 5 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. 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 due to site constraints and if the applicant is able to meet landscape requirements without the setback. 534.13 Other requirements. Subdivision 1. 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 applicable performance standards 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 City Code. Subd. 5. Desi~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 534-11 SECTION 537 -ZONING: MIXED USE DISTRICT 537.01 Sub-districts defined ...................................................................................537-1 537.03 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 ..... .................................................................:537-8 537.13 Non-con..formities ..........:............ ................................................................537-12 537.01 Mixed Use Districts (MU). Subdivision 1. Sub-districts defined. A mixed use district is an area that supports multiple land uses that are complementary to one another and support the ability to live, work, shop and play within a development pattern of horizontally mixed or vertically mixed uses. There are three sub-districts of mixed use as follows: a) Mixed Use Regional - (MU-R): Regional mixed use supports destination oriented commercial and office uses at a high density/intensity of development. Limited higher density residential uses would be encouraged to support major employment concentrations. Vertical mixing of uses would be encouraged to create building mass along primary arterials. b) Mixed Use Community - (MU-C): Community mixed use includes shops and services that support the surrounding community. A balanced mix of commercial, office and higher density residential uses would be included in this district. Vertical mixing of uses would be encouraged to create building mass along primary arterials. c) Mixed Use Neighborhood - (MU-N): Neighborhood mixed use emphasizes residential development with supporting retail and commercial service uses. Commercial services are emphasized at key transportation nodes/corners and are intended to be of a smaller scale 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 transitions between uses; e) Promote greater pedestrian and bicycle access and connections throughout the corridor and along the length of the corridor; f) Discourage auto oriented uses in favor of pedestrian friendly mixed-use development; 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. In 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) The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking; (iii) Energy conservation through the design of structures and the use of landscape materials and site grading; and (iv) The minimization of adverse environmental effects on persons using the development and adjacent properties. Richfield City Code Page 537-2 Mixed-Use (MU) 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 MU-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 N Restaurant Class II (traditional/cafeteria P P P Restaurant Class III fast food/convenience 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 Hotel/motel 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 detailin 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 Richfield City Code 537-3 Mixed-Use (MU) Districts 537.03 Use MU-R MU-C MIT-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. Such queuing space shall not interfere with parking spaces or traffic circulation; Richfield City Code Page 537-4 Mixed-Use (MU) Districts 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 significantly lower 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 ofthe 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 integral part of a new auto sales business (from the same land parcel and in close proximity to the new cars). b) The business shall be licensed under Subsection 1155 of the City Code; c) The use site shall not abut a lot which is in the R or R-1 District. For the purpose of this subdivision, a lot which merely adjoins the use site at one corner shall -not be deemed to abut the use site; d) A buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from abutting parcels; e) Landscaping for the site, including display areas, shall comply with the Performance Standards described in Subsection 541 of this code; f) Inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; g) Parking of vehicles 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 bodesrepair shoes. 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 MU-R. Schools in the MU-R district provided the following: the school has a regional orientation, be oriented to secondary, post secondary, business or vocational learning and be part of a mixed-use development. 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 min 50% min max min max max Maximum Impervious Surface 85% of gross 80% of gross 75% of gross. Covera e 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' 0' 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 S 5' 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' rein 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 3rd 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 (MU) Districts 537.07 ~ Parking structures shall not be included in calculation of building stories. Single story portions of structures may be allowed provided they are attached to a principal structure that is iwo or more stories in height and that the footprint of the single story portion of the structure is no more than 40% of the total structure's footprint. Standard setbacks apply to all uses except zero lot line developments. The front setback is a build-to line designed to locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. ~ Standard setbacks apply to all uses except zero lot line developments. The front setback is a build-to line designed to locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. Subd. 2. Mix of Uses Required. A mix of uses within a building is required in the MU-C district and other building use criteria apply to the MU-R and MU-N districts. a) In the MU-R district a mix of uses is not required, however, residential uses are permitted up to 25% of the total building floor area on the site. i.e. if a site contains 100,000 square feet of building floor area, no more than 25,000 square feet of building area can be devoted to residential units and the common areas or associations that serve residential units. b) In the MU-C district a-mix of uses is required for development sites that exceed two acres in size. No single use type (retail, office, service, hotel, residential, etc.) can exceed 75% of the total building floor area on the site c) In the MU-N district a mix of uses is not required, however, no more than 10% of the total building floor area on the site or within the development can be devoted to non-residential uses. Total non-residential floor area in a residential development or building shall not exceed 10,000 square feet. 537.09 Parking Standards. Subdivision 1. Off Street Parkin Rg_ atios. The following table establishes minimum parking standards for-uses within the Mixed Use Districts. Table 3. Minimum Parking Standards for Mixed Use Districts Land Use Type ~ Off Street Parking Ratio MU-R MU-C MU-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 * Per 1,000 square feet of gross floor area. ** Per dwelling unit. Richfield City Code Page 537-7 Mixed-Use (MU) Districts 53 7.09 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 Li~htin~. 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- offl'variety to 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 537.11 highly visible utilizing such design features as awnings, canopies, pillars, special building materials or architectural details. c) Commercial or mixed-use structures that have over 60 linear feet of frontage on a major pedestrian area, public sidewalk or major street shall have a principal patron entrance onto the major pedestrian area, public sidewalk or major street. For building facades over 200 feeYin length facing a street, two or more building entrances on the street must be provided. d) Building entrances shall incorporate arcades, roofs, porches, alcoves, porticoes and awnings that protect pedestrians from the rain and sun. e) Buildings shall include changes in relief on 15% of their street facades such as cornices, bases, window treatments, fluted masonry or other designs for pedestrian interest and scale. f) Building facades greater than 100 feet in length shall have offset jogs, using elements such as bay windows and recessed entrances or other articulation so as to provide for pedestrian scale to the first floor and to avoid long continuous unbroken building facades. . Subd. 4. Windows, Window Walls, Blank Walls and Design of the 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 as follows. Where interior floor levels prohibit such placement, the sill height maybe raised to allow it to be no more that 2 feet above the finished floor level up to a maximum sill height of 6 feet above grade. b) For any wall within 30 feet of a street or a major pedestrian area, at least 20% of the ground floor wall area facing the street or pedestrian area shall be display areas, windows, or doorways. Blank walls along streets, public outdoor spaces and major pedestrian. areas are prohibited. c) Darkly tinted, frosted windows or any windows that block two way visibility are prohibited as ground floor windows along street facades. Subd. 5. Upper Story Setbacks. Upper story setbacks shall be required for structures over 3 stories that are adjacent or across a street from residential or public parklands. Upper story setbacks shall be achieved by: a) Floors above the third floor or fifty (50) feet shall be stepped back a minimum of twenty (20) feet, and b) All buildings shall be stepped back such that the height of the building fagade does not exceed an angle greater than forty-five (45) degrees from the average street elevation beginning at a point at the curb on the opposite side of the street. 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 an on-site pedestrian and bicycle circulation system that complies with the Vision Plan for the district as adopted in the Comprehensive Plan or any other redevelopment plan for the district; and b) Sidewalks are required along both sides of all public right-of--ways. Subd. 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 (MU) Districts 537.11 corridor roughly midway between 77th Street and I-494. This pedestrian area shall be designed for pedestrian circulation and. may include gathering and event space. Landscape setback areas and other impervious areas are to be landscaped to enhance the aesthetics of the area and to define outdoor space. The landscape setback area next to 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 different uses and provide focal points and anchors for pedestrian activity. The required open space shall: a) Abut a public sidewalk or major pedestrian circulation area and shall be accessible to the public during daylight hours; b) Include a combination of public and semi-public gathering spaces, such as plazas, tied together through a linear green corridor along its center; c) Include a buffer of landscape plantings along I-494 or other physical barriers to enhance the community's image and to buffer uses from noise or other nuisances; d) Be used for treatment of storm water, only if it is designed as part of the overall open space system such that the storm water treatment or storage is used as a decorative element, and has no negative impact on recreation or the enjoyment of the open space; e) Include plazas, or patios that are integrally designed to accentuate the architecture on-site and to tie off-site elements into an overall theme or character by use of decorative pavers, public art, decorative lighting, seating, planters, or other features. Usable open space shall be a minimum of 1,000 square feet in size and a minimum of 20 feet wide in any direction; f) Be designed to have good public visibility to encourage pedestrian use of the on site outdoors amenities, while at the same time enhancing the security of such places by placing public entrances on the open space and ground floor windows along the open space; and Be designed such that, in the City's judgment, the spaces adequately enhance such development and serve as gathering places for visitors, customers, residents, and employees and are consistent with the Comprehensive Plan or any redevelopment plan. for the district. Subd. 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 may be 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 afforded by the public right-of way, together with streetscape improvements on both sides of the street may be utilized as a transition to adjacent development. d) Green spaces, courts, squares, parks, plazas, etc. may be used to create a meaningful transition between uses. 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 siteplan -Subsection 547.13. Expansion or modification of a legal conforming use shall: a) Not increase the degree of non-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 d) ' Standazd setbacks apply to all uses except zero lot line developments. The front setback is a build-to line designed to locate buildings in close proximity to the public street Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. " Standard setbacks apply to all uses except zero lot line developments. The front setback is abuild-to line designed to locate buildings in close proximity to the public street. Zero lot line setbacks allow buildings to be placed on an interior property line if that structure and the adjacent structure are designed with that placement in mind and a compatible relationship of uses results, including consideration of circulation drives, open space, easements, utility parking areas and glazed facades. Richfield City Code Page 537-13 SECTION 539 - INDUSTRIAL DISTRICT (n 539.01 Purpose ............................................................................................................ 539-1 539.03 Permitted uses ........................................................... ...................................... 539-1 539.05 Accessory building and use regulations ......................................................... 539-1 539.07 Conditional uses .............................................................................................. 539-2 539.09 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, loading areas and landscaping; permit and 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 from the hazards of fire; protect areas appropriate for industrial uses from intrusion by inharmonious uses, while also protecting nearby properties from hazardous influences; and minimize. traffic congestion and avoid the overloading 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. Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging, processing, research, repair, service, wholesale, retail, and ofFce uses with 80,000 square feet or less of gross floor area (excluding those uses listed 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 security personnel, provided they are located 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) 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 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 1. The uses listed in this Subsection are conditional uses in the I District, and are subject to the conditional use permit 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 reauirements. Subdivision 1. The following dimensional requirements apply to the I District. All dimensions are in feet, unless otherwise indicated. Minimum lot width T Interior lot: 75 Corner lot: 100 r____~._._._._._. _..__.---.-~------...___.~ ~~~..._.._._.._. I Minimum lot area ~ 10,000 square feet T~___~ Maximum impervious 90 percent surface covera e ' _.___~.__.__...~~..~____...~~. ~.____._..._........----.._..._.i.~..~_.__.__..__.......__~..._. _, ~__..__~.._-I Richfield City Code Page 539-2 Industrial (I) District 539.11 Setbacks -building Principal building j Accessory building Front i 40 ~ 40 _______......._.__..__.T_.~_._...._. Rear see also Subd. 2 __....____...__~._ _.._.~.__._~.__._.__.____ I ; j Adjacent to residentially 1 25 ~ 8 I zoned or used~arcel Adjacent to non- ~ 5 5 residentially zoned or used j ~ arcel P _._._____ ._..I___._. _.____..-- ~ __._ _.__._ __.._----_._._t_._.__ __. Street /corner side .~..._._ 30 30 Interior side _~~_ _ ___ _ ~ ~ ____ _ _ ~ ~~ Adjacent to residentially 25 25 zoned or used ~cel ~ E ~ ~ . _._~_.___ ..._.__..._. _ _.___. t Adjacent to non- C ~___.___._...__..___._____ 3 __ ~__.._.__~__._._..__.___.______..~j i 3 residentially zoned or used 1 1 ~cel ..____._._._._ _ . ~_;...___. _.__ __....._.___.._____ I i a__~.__ ._._ ~ Maximum building height ~ 50 c 15 ~ but see Subd. 3 Sto limitations ~ ~_._.r_.~.'._._____.._______._._..__._._.._._..._...~._.__._.___ 3 stories ~ ._..__ ~ 1 stories i Setbacks -parking ~^ , ~ Front (but see Subd. 4) ~ _ 8 ~ 8 _ Street /corner side (but se~~~~~-e -~~~~~ 8~ 8 Subd.4 _ _ ! ~ ' -~_____~._ __.~_.______..._._ ~ _ ..__ j Interior lot line _ _ _ Adjacent to R, R-1 District `~~ 15 15 I Adjacent to non-R, R-1 10 10 District ~ _~ _____ Subd. 2. Additional setback requirement: vehicle access door facing~a rear lot line. Whenever any accessory building is located 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 may be increased to no 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 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 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. Sigi s. Signs within the I District shall be regulated by Section 416 of the City Code. Subd. 5. Design~guidelines. All property located within a design district or corridor overlay district shall be subj ect to such district's additional requirements and/or modifications. Richfield City Code Page 539-4 SECTION 542 -ZONING: PLANNED UNIT DEVELOPMENTS. 542.01 Purpose ...................................................................................................:..... 542-1 542.03 Scope of PUD Districts ............................:................:................................. 542-1 542.05 PUD review procedures ............: ................................................................. 542-2 542.07 Concept plan review .................................:............:.....................:................ 542-2 542.09. Preliminary development plan review ..............................:.......................... 542-3 542.11 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 ...................:......................................:.................................................. 542-7 542.01. Purpose. Subdivision 1. 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 in the application of the 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. Scope 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 Abbreviation ( Guiding Districts Planned Residential j PR ~ R & R-1 Planned Two Famil~ Residential j PMR-1 MR-1 . _ Planned Multi-Fami~ Residential~~ PMR ~ MR-1, MR-2, & MR-3 r_M~....__.~_....._.._...__~._ ~._ Planned Neighborhood Commercial ~ PC-1 y ! C-1 w......~.._-._..__.._.. ~ Planned G ercial I. ene r al Com m PC-2 ~ _ C-2 & C-3 _ _ _ _ _ i., _Planned Mixed U se ~ ~ _ PMU -- ~-N, MU-C, & MU-R _ __ Planned Industrial ~~ ~ PI ~ I Subd. 2. Minimum area. A PUD district shall contain not less than one acre (43,560 square feet) in lot area. Subd. 3. -PMR-1 density limitation. In the PMR-1 District, the density of two- family dwellings shall not exceed ten dwelling units per acre. Richfield City Code 542-1 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. Z. Optional submission of final development plan (FDPI. In cases 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 applicant an 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 district to meet those 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 conceit 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 as set 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 is to 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 City may 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, the City shall have the Richfield City Code 542-3 Planned Unit Development (PUD) District 542.09 right to assess each properly 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 preliminarti development plan ap rn 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 of a regularly scheduled Council meeting to held within 30 days of the filing of the extension request; ii. The Council at its discretion may grant the extension for not more than one year if such 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 elan 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 5. Subd. 2. Submittal requirements. Application for final development plan and conditional use permit approval shall consist of the following: 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. Subd. 3. Legal instruments. As part of the final development plan and 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 permits shall be submitted to the Building Official who shall process the building permit in conformance with the Building Code. Subd. 5. Securitydeposit. Security deposits shall be provided in accordance with 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) Size increases to signage approved as part of the PUD (Changes that do not result in an increase in signage or changes to signage not Richfield City Code 542-5 Planned Unit Development (PUD) District 542.13 included in the final development plan do not require an amendment. All changes to signage require a sign permit.); 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 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 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 ma,~or 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 Planned Unit Development (PUD) District 542.13 Subd. 6. Determining_if the Underl~~ PUD District Must Be Rezoned. Subdivision 1. Proposed amendments to a PUD Development Plan that would substantially change the use of the proposed. development from one zoning classification to another will require that the parcel in question be rezoned to the appropriate PUD district. Procedural requirements for a rezoning are set forth in Section 547.07. (Amended, Bill No. 2002-22) 542.15. Fees. The application fee for a PUD or amendment thereto is set by Appendix D of the City Code. In addition, legal fees, consultant fees, and other reasonable costs incurred by the City in its review and consideration of the PUD application shall be paid by the applicant. Richfield City Code 542-7 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-street auto parking and truck loading requirements ........................... 544-13 544.15 Pedestrian circulation and access .................................................:............ 544-19 544.17 Bicycle parking ......................................................................................... 544-20 . 544.19 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. Purpose and application. Subdivision 1. Purpose. These-.performance standards establish specific requirements and quantifiable limitations, intended to ensure high standards of development, promote compatibility among various uses of land, and to protect the health, safety and welfare of the community. 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~that 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 otherwise noted. 544.03. Landscaping and screening requirements. Subdivision 1. A landscaping and screening plan shall be submitted as part of any Site Plan application (Section 547.13). Subd. 2. Purpose. The City of Richfield 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; Richfield 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 requirements. The City intends 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 7, 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 of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. b) Materials: 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. 5 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 species of the genus Ulmus (elm), except those elms bred 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 1-1/2 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 10 trees or more as determined by the following subdivisions, distributions shall be as described below: Richfield City Code 544-3 General Building and Performance Standards 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% 544.03 * Single-story building with a front facade greater than 16 feet shall use the 2-story requirements. Parking structures with any portion of a,Jloor 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. When any construction traffic must pass nearer to a protected tree than its dripline, 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. The 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 1 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 cut back to sound healthy tissue and covered with topsoil to a depth of six 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 of the 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 cannot be 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 General Building and Performance Standards 544.03 a) Quantities. These requirements are in addition to any plantings in the public street right-of--way whether installed by the land developer or the City. Single- and Two-Family Multiple-Family Dwellings ~ Dwellings ~ C Overstory j ~ ~ ;deciduous trees i ___ 1 per.dwelling.unit_____ ~~ _ 1_per dwelling unit _ ____ r Coniferous trees w ~ Maybe substituted on aone-for-one basis for the overstory _ ~ deciduous trees: i r Ornamental ~__...._.,....___...__.._..__.._..__._..~..-____... ~_. deciduous trees ~ 1 per unit. t Understory Foundation plantmgs are Foundation plantings are ~ j shrubs ~ required in all -areas visible ~ required in all visible areas. I from the _ublic street. ~.._~_.__ _.. _---._._..__.._.___.,.P__.____ _ ..__.._.__..~_,______.__~.__.~._..____.__... b) Commercial edges: The density and initial size of plantings shall be increased along non-residential edges and may be combined with berms, walls and fences to achieve the objective of protecting the values, quietude and privacy of the housing. Landscaping on the adjacent non-residential property may not be substituted for 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 relief from long blank walls; to improve the environment for pedestrians; to improve compatibility with adjacent housing; and to help protect surface water quality. a) Locations: Such treatments shall occur on the perimeter of the site, within parking areas and along building edges. In particular, special attention should be paid to providing visual and auditory separation between 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, ornamental, 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 tree 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 or phase minus the portion of that area within a natural water body 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 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 ofnon-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, may be 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; maybe 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 coniferous tree) 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 privateproperty 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 plarited 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 street right-of--way, development must provide landscaping as set forth in that Streetscape plan. Streetscape plantings located within the property lines of the site may be credited toward the required number of trees and shrubs but plantings in the public right-of--way shall not. Landscaping placed or removed in the public right-of--way must receive City 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 may be 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 a safe and sightly condition and for replacement of any dead trees, shrubs, ground cover and sod required by this section. 544.05. ScreeninE 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. All 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 or- 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 judged by the Director shall conform to the following requirements: i. All residential structures 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; f) 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 of all 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 Desi 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 to cause 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 or simulated 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 be prohibited. Subd. 6. Equal Facade Treatment. All buildings shall be constructed so that each exterior wall and roof surface is finished with materials of consistent quality 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 integrated into the overall site and be made of comparable materials and decorative elements. Subd. 8. Facade Maintenance. All facade treatments shall be maintained so as to not be unsightly in appearance or in a state of disrepair, nor shall harmful health or safety conditions be present for the life of the project. 544.09. Exterior lighting. Subdivision 1. 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 the canopy of a gasoline dispensing station or similar structure shall not be directly visible from a public street or another property. 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 S.O 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: IES Lighting Handbook - 4~'' 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 trafftc 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 Building and Performance Standards 544.11 Subd. 2. 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 facilities, 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 parking 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 adequacy of stormwater management, lighting and landscape screening; f) The impact on nearby streets and intersections; g) The impact on adjacent properties; and h) Compliance with the lot and stall design requirements of this Section. Subd. 3. Parkint~ lot design. Parking lots should be designed and constructed in conformance with the following standards: Angle ~~ Stall ~j Stall Width ; Length f 1 ? Curb ~ Length* ~ Stall Depth !Aisle Width ~ ~ (one-way/ two-wa ) 90 degrees ( 9' i 19' 9' 19' ~ 13'/24' _ 60 degrees ~-~- 9' ~ r_._.__. ~ __19' 10.4' ~ 21' ~ 18'/18' 45 degrees ~ i _ 9'_ _ ~ _19' 12.7' 19.8' 13.4' j _Parallel __ Compact. ~ 8.5' ' ~ 8 ~ 23' I 16' ~ 23' 8' ~ 8.5' 16' 13'/24' 13'/2 4' - (90 degrees ~'~ *An additiona118~inches shall be required when a stall abuts a landscape area. Richfield City Code 544-13 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 j ;Parking Spaces Required* COMMERCIAL USES I t Animal hospital 1 for every 200 square feet of gross floor ~ area. Auto mechanical or body repair shop ~ 4 plus 2 per service stall and 1 per 150 square feet of retail area Bake 1 er 25 s uare feet of customer floor area. Bank or similar financial 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 :parking may be located in the front yard nor ;shall the parking area exceed fifty percent of the rear yard. Bowling alley s 5 per bowling lane plus 1 per 4.5 seats of i i other related facilities (e.g., restaurant) ~ Coffee shop _.__._______..._.-_.__....____._.._ ~ 4.5 per 1,000 square feet of gross floor area. ._..._._._..__ _- _____-____ _._.. Dance or~hysical culture.studio __ : ~_ _ ~.~_.. I f ~ 3 per 1,000 square feet of gross floor area. r Day care center (adult or child) 1 per 5 enrolled persons based on licensed i ..--.____._____._~-- --_.....__..____.__.___._ t 3 ; ca~acity___..._.__..___~._ ~._ -- ____..__._.__v Health club or fitness center_~~ ~____ _ _ __.~..1 per 225 square feet of gross-floor area ~~ Hotel 1 per room plus 1 per 4.5 seats of other ;related facilities (e.g., 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 Spaces Required* .Floor area of 2,500 square feet or less ! 1 for every 250 square feet of floor area. ' Floor area greater than 2,500 squaze,feet _T 1 for.every 200 square feet of floor area. _ Office ~ ' ~ K .-- _~__.~..___. _.~___. ~.__ ~____ Floor azea of less_than SO,000 squaze feet _ ...__ ._._.~_.- __--- _~ hper 275 square feet of floor azea_ ____ _ _~ Floor area of 50,000 to 200,000 square I 1 per 300 square feet of floor area I feet ~ Floor area of 200,000 to 400,000 square ~ 1 per 325 square feet of floor azea feet ~ _ ~ Floor azea of more than 400,000 square 1 per 350 square feet of floor azea ~ feet _..._.._____._.__. j _ _ _ _ ... ~ T _._..~~.._.._.. .~.._~ Other businesses or industries, including _ , _. ._ .._ .. __., ; 1 per 2 employees plus 1 per vehicle used in wholesale ;conduct of the enterprise OR 1 per 800 square feet of gross floor area, whichever is j . , greater. Shoppin~ center 1 ._ .~._._.._._._..__.._.__.._.._...._.._.... Community under 50,000 sf) ~ _.. . E 3.S~er 1,000 squaze feet of gross floor area _ _ ~. Re Tonal 50 000 sf or more .._._____...._._...a ~ 4~er 1 000 s uaze feet of oss floor area Restaurants or food service in shopping ~ Calculated separately unless the restaurant centers meets all of these requirements: { The shopping center floor area is over 1 20,000 squaze feet I ! The restaurant does not have wait staff j serving food directly to the customer while seated • The restaurant does not have an { j ~ intoxicating liquor license • The restaurant does not have in-vehicle F ~ 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. j i _ ._._ .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 azea. more than 25 percent of the gross floor area is customer area and where the merchandise ~ E is lazge such as furniture, carpeting, lazge s~pliances or automobiles _ ( ____ Retail (other than shopping center) where. ; 1 per 100 square feet of gross floor area less than 25 percent of the gross floor area is ~ j customer area and where the product is ~ ~icked~.or,deliveredb~patron._ ~ i Restaurants Class I, II, and N (10 per 1,000 square feet of gross.floor azea. ' Class III (Fast food /convenience 17 per 1,000 square feet of gross floor area. Theater 1 per 3 seats if part of a shopping center; 1 ' . !per 2.5 seats if free standing Richfield City Code 544-15 General Building and Performance Standards 544.13 ~.__._.____...._~._.__.___._ ~_ RESIDENTIAL USES _ Multiple-family housing __.________._._._.^_~~~ .________..-.-v __ ____~____ . MR-1 District: two-family dwelling ~.~-~ ; 2 per housing unit, 1 of which~must be enclosed. Only one curb cut is permitted to _ _ _ ~ the pro~ert~!T_ __ __ _ 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 r warrant. ~ i MR-3 District: 20 or fewer units; more ~ 2 per housing unit. May be reduced to 1.25 than 20 units as a conditional use. ;spaces per unit for 10 or more units if factors j ~ _warrant. _ ___ ..._.~._J __ __ -Group home (state licensed residential ~ I __ ~ 2 per 5 beds offered for residence purposes. ~ facil~)____ ~._.______ .. _ ____ ~. _- --_.~ __ Nursing or convalescent home 5 plus one per 5 beds offered for residence ___ _ ____ ____ u oses. _____~..d? .~._________...._.-.__._._-..___... _.__ _.~_-___t r.__.__________...~.._.__.._ __......_..__._...~ _...__...__..-.____________._.._._. _..__~...-~~. _...___._._., IONAL / PUBLIC USE_S_ ___.-__ INSTI TUT T _ _ _ _ ~~Places of worship and/or assembly ~_ l parking space per 3 seats based on rated design capacity plus additional parking i spaces, as applicable for accessory facilities j i which are used concur-ently~~ __~_ _ f School E.._~.______ ..~.-..__ _____~-_..___ i __.._;._._ __.- __-..-___._._---.... i K-8 _ _ -~ _ _ ~ 1 per employee plus 8 for visitors __ ` ~ school _Hi ~ ~ ~ ! 1 ep r employee_~lus 1 der eight students ~ - ~ j Business or trade school ~ 1 per employee plus 1 per 3 students based -___ ~ _,,, . ~ __-._...i _on rated design capacity. .____._____.._.._____ . *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 of required parkin spaces. 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. s b) Parking may be reduced by 10 percent for development on any parcel which is located within one-fourth mile of a frequently operating transit line provided that separate pedestrian ways are provided which connect the parcel to a transit stop. A frequently 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 face the street with parking; and iv. If the. Council finds that such parking will not be detrimental to the surrounding neighborhood. d) 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 parking 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 10 percent of the required parking spaces on the site; ii. The plaza must be adjacent to and visible from the transit street. If there is a bus stop along the site's frontage, the plaza must be adjacent to the bus stop; iii. The plaza must be at least 300 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 ofthe 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 Existing Parkin. 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 parkin 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 parking area and the lot on which the principal use is located 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 lot on which the principal use is located. The manner of 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 site permits; c) The closest point of the off-site parking area shall be located no more than 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 parking will not encourage parking on the public streets, on other private 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 provided or an alternate off-site parking facility that meets 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 that prevents 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 the 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 the development including the property edges, adjacent lots, abutting street intersections, crosswalks, and at transit stops. Pedestrian access shall be coordinated with existing development to provide circulation patterns between developments. Subd. 2. Conflicts. Pedestrian 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 parkinE. 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 not be 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. UnderEround 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 ortwo-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, and 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 to 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 application 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 persons: c) Permits are not required for: i. Adjustment or replacement of the elements of an antenna array affixed . to a tower or antenna, provided that replacement does not reduce the safety factor. ii. Antennae and/or towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations. Temporary antennae shall 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, utility, and institutional sites, not including the public right-of--way. Subd. 4. Antennas in the Public Right-of-Way. 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 toweris 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 design requirements. a) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. b) Commercial wireless telecommunication service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend into the surrounding environment. Subd. 7. Tower Setbacks. Towers shall conform to each of the following 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 property and the tower does not encroach upon any easements. b) Towers shall not be located between a principal structure and a public street, with the following exceptions: i. In industrial zoning districts, towers may be placed within a 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 may be 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 properly, 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 100 feet in industrial zoning districts. Richfield City Code .544-23 General Building and Performance Standards 544.25 d) In accordance with the Federal Communications Commission's preemptive ruling PRB1, towers and antennas erected for the primary 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 the 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 following 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 the. property. Subd. 14. Maintenance and Inspections. Tower and antenna finish and paint shall be maintained in good condition, free from 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. Deviation from original construction for which a permit is obtained constitutes a violation of this Section. b) Notice of violations will be sent by registered 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 thereafter, 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 ar endanger the public health, welfare, comfort or safety, or cause injury to property or business. Richfield City Code 544-26 SECTION 547 -ZONING: ADMINISTRATION 547.01 Purpose ..............................................:.........................................................547-1 547.03 Administration of Zoning Code ..................................................................547-1 547.05 Board of Adjustment and Appeals .........................:....................................547-1 547.07 Zoning map amendments (rezoning) or text amendments ..........................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 this 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 115 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 of Adiustments 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 Boazd of Adjustments and Appeals shall be referred to as the "Board" in this Section 547. Subd. 3. Council as Board. The City Council shall serve 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 vaziances to the literal provisions of this code upon the expiration of authority of the Committee of Hearing Examiners established 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 -- applicationthat 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 10 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. Compliance. In all cases in which adjustments or appeals are granted under the provisions of this subsection, the Board may require such evidence and guarantees as it deems necessary to ensure compliance with any conditions placed upon such granting. 547.07. Zoning map or text 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 547-2 Administration 547.07 c) 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. 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 10 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 to the Council regarding the application. Subd. 4. City Council review. After receipt of the recommendation of the Planning Commission, the Council shall consider the matter at a first reading. If the application is approved for first reading, the Council shall set a date for a second reading. The Council may offer whatever 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 or part of the existing classification of a zoning district from residential to either commercial or industrial requires atwo-thirds majority vote of all members of the Council. Subd. 5. Issuance of buildingpermit. No building permit for any building or structure may be issued while proceedings for rezoning of the land wherein the 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 for a petition to rezone land is set by Appendix D of the City Code. Subd. 8. 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 1. 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 not be 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 for a 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 in the official newspaper and sent by mail to all 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 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 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 officially 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 547.09 h) The proposed use meets or will meet all the- specific conditions set by this code for the granting of such conditional use permit. Subd. 7. Security deposit. Security deposits shall be provided in accordance with Section 547.17 of this code. Subd. 8. Recording of CUP. Upon commencement of an approved conditional use, a certified copy of the conditional.use 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 permit shall expire if normal operation of the use has been discontinued for 12 or more months. 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. 11. 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 a conditional use permit or amendment thereto is set by Appendix D of the City Code. Subd. 13. Revocation of CUP. The 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) Complaint. The Director shall review any complaints received by the City or any other party involving property which is subject to a conditional use Richfield City Code 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 of the 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) Public 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 terms 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 to insure compliance with the conditional use permit. 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 .termination 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 any other remedies and actions available to the City including, but not limited to those contained in Sections 115 and 320 of the City Code. 547.11. Variances. Subdivision 1. Limitations. The following limitations apply to variances: a) A variance may be granted from the literal provisions of this 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: Strict enforcement of this code would cause an undue hardship. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by this code. Economic considerations alone shall not constitute an undue 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 any persons presently having interest 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 at least 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 for a 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 iri the judgment of the Hearing Examiner or the Board is relevant Richfield City Code Page 547-8 Administration 547.11 to the issues being heard. Those in attendance at the public hearing shall 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 shall also be taken at the public hearing. Subd. 8. Decision. Within the time period required by state .law, 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 code. The decision shall be mailed to all parties of record and. filed with the City Clerk. The Hearing Examiner's decision shall be final, subject 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. Appeals. 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 to the Director within ten days of the date of the decision. The notice of appeal shall be addressed to the attention of the Board of Adjustments and Appeals care of the Director. A decision of the Board is subject to judicial review as provided by law. Subd. 10. Rehearing. Any applicant may within seven days of the date of filing of the Hearing Examiner or the Board's decision, apply for a rehearing of a variance 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 shall 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 timely made, 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 Board's decision shall be withdrawn. Subd. 11. (Repealed, Bill 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 is completed 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 of the appeal and informed as to the date of the Board meeting where it will be heard. Subd. 15. ~ecific project. A variance shall be valid only for the project for which it was granted. Construction of any project shall be in substantial 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 for a 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 as set 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 of the 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 manner which 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 a lot for development, including grading or removing or adding soils to a site, except in conformance with a permit or an approved plan which complies with the City's comprehensive surface water management plan or has received a variance from the appropriate water management organization as necessary. (Amended, Bill No. 1998-2) Subd. 3. Exception. Notwithstanding the above, site plan approval shall not be required for enlargement of a building by 25 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 site plan 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. Application. Application for a site plan review shall 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 current certificate of survey; d) Accurate legal description; e) Eight full-size legible plans regarding the following aspects of the project (All 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; xiii. 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 10 days ~ Richfield City Code Page 547-12 Administration 547.13 prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all 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. 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 community; 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) Creation of an energy-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. ii. iii. iv. v. vi. vii. viii. 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.) Landscape changes. Parking lot configuration changes (not change in number of spaces). Less than 25 percent change in floor area in any one structure. Less than 25 percent change in the approved separation of buildings. Less than 20 percent change in the ground area covered by the project. Less than 20 percent change in the number of residential units. Less than 20 percent change in the number of parking spaces. Richfield City Code Page 547-14 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 may refer 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 permits.. Subdivision 1. Purpose. 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 andlor 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 take 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 Council attaches 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 change in 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 of the 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 percent of 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 of the 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 Add to 1305.27 and renumber thereafter. Subd. 6. Vehicle parking and storage limitations and requirements. The number of motor vehicles that may be parked on a driveway or approved parking area of a residential property in the R, R-1 and MR-1 zoning districts shall be limited as follows: a) Number of vehicles. The total number of vehicles shall be limited to four per unit. No more than one vehicle of this total shall be a recreational vehicle as defined by Section 1325 of the city code; b) Counting of vehicles. Vehicles temporarily parked at a residence for visitation or business service reasons shall not be counted for the purposes of these numerical limitations. All other vehicles not housed in a garage, including inoperable vehicles as defined by Section 1320.13 of the city code, shall be counted as vehicles for the purposes of determining the number of vehicles parked on a driveway or parking area of a residential lot. Nothing in this Section shall be interpreted as permitting the storage of vehicles if such storage is not otherwise permitted by code; and C) City-declared snow emergency. 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AMENDMENT TO RICHFIELD CITY CODE ADOPTION OF NEW SECTIONS 507, 509, 512, 514, 518, 522, 525, 527, 529, -532, 534, 537, 539, 542, 544, and 547; REPEAL OF SECTIONS 506, 511, 516, 521, 524, 526, 530, 531, 536, 538, 541, and 546; AND AMENDMENT TO SUBSECTION 1305.27 OF THE CITY CODE RELATED TO PARKING IN RESIDENTIAL DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: 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 all following Subdivisions accordingly. Subd. 6. Vehicle arkin and stora a limitations and re uirements. The num er o motor ve is es t at ma a are on a rivewa or a rove narkina area o a resi entia property in t e -1 an -1 zoning istrict: tuber of vehicles. The total number of vehicles shall be I 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, Minnesota this 13th day of November, 2007. e bie oette , ayor ATTEST: ancy i s, ity erk 111307 - 2nd Reading Zoning Ord C ~-a RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2006- WHEREAS, the City has adopted the above referenced amendments to the Richfield City Code; and WHEREAS, the verbatim text of the amendments is cumbersome, and the expense of publication of the complete text is not justified; and WHEREAS, the Council has determined that the following summary will clearly inform the public of the intent and effect of Bill No. 2007- NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, that the City Clerk shall cause the following summary of Bill No. 2007- to be published in the official newspaper in lieu of the entire ordinance: SUMMARY PUBLICATION BILL NO. 2007- AN ORDINANCE RELATING TO ZONING; ESTABLISHING NEW REGULATIONS FOR DEVELOPMENT IN RESIDENTIAL, COMMERICAL, INDUSTRIAL AND MIXED-USE ZONING DISTRICTS; AMENDING THE RICHFIELD ZONING CODE BY CREATING NEW SECTIONS 507, 509, 512, 514, 518, 522, 525, 527, 529, 532, 534, 537, 539, 542, 544 AND 547; AMENDING SUBSECTION 1305.27 OF THE RICHFIELD CITY CODE RELATED TO PARKING IN RESIDENTIAL DISTRICTS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter.. The ordinance does not change the zoning designation of any property. The ordinance updates antiquated language and confusing terminology used throughout the zoning code and addresses changes in State law. It also establishes new performance and building standards that will apply to new buildings, additions and when a change of use occurs. These performance and building standards include but are not limited to: limitations on the size and location of home businesses, the size and height of garages, impervious surface limitations, the reduction of commercial setbacks when not located adjacent to residential uses, enhanced buffer yard requirements, commercial building design, the addition of tree protection standards, and some adjustments to parking and parking lot requirements. It also establishes limitations on the number of cars that can be parked on a residential driveway. This limitation will effect existing and new residences. The ordinance also revises administrative requirements related to zoning permits and the process necessary to apply for such permits. These revisions include only requiring one public hearing before the Planning Commission for some applications, rather than a public hearing before both C~,3 the Planning Commission and the-City Council. Copies of the ordinance are available for public inspection in the City Clerk's office during normal business hours or upon request by calling the Department of Community Development at (612) 861-9760. /s/ Nancy Gibbs, City Clerk BE IT FURTHER RESOLVED, that the city clerk is directed to keep a copy of the ordinance in her office at city hall for public inspection and to post a full copy of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: Prop. ordinance AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: DAN SCOTT, DIRECTOR OF PUBLIC SAFETY NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Second reading of an amendment to Chapter IX of the City Code, adding new Section 935, re ardin the sale of s ra aint and similar items. I. RECOMMENDED ACTION: Conduct the Second Reading and By Motion: • Approve the attached proposed amendment to Chapter IX of the City Code, adding anew Section 935, dealing with the sale of spray paint and similar items. • _Approve the attached summary of the amendment for publication. IL BACKGROUND During the past 18 months, Richfield has experienced problems with graffiti and property damage from individuals using spray paint that they may have.. purchased from local businesses. Some of the graffiti features symbols representative of gangs and most can be attributed to minors referred to as "wannabe" gang members. However, staff takes this method of property destruction very seriously because it can be a reflection of other problems in the community, including a presence of gang activity. 1113 Second Reading Graffiti Spray Paint Ordinance In an effort to maintain control and, hopefully, discourage the offenders that use this method in our community, referred to as "tagging," the City Attorney's office has helped to develop an ordinance that will give police officers and the public means to control and prosecute violators of the ordinance. State Legislators are in the process of presenting legislation that will regulate and control the sale and use of spray paint on a state-wide basis. Council approved the first reading of this amendment to Chapter IX of the City Code and recommended adoption of the new Section 935. III. BASIS OF RECOMMENDATION A. POLICY • This amendment would add Section 935 to the City Code. • The amendment would regulate the sale or transfer of various paint equipment, except as specified in the new ordinance; give. guidance for storage and signage for the sale of the equipment; place demands on the removal of the graffiti that may or may not be related to the direct sale. of the products; and establish enforcement and penalties that the commercial establishments would face if there is non- compliance with the City Code, Section 935. B. CRITICAL ISSUES • Richfield residents are anxious to have some form of discipline and guidelines in place to prosecute the offenders and to control the sale of graffiti equipment. • This ordinance would help regulate the sale of the products and impose penalties on those establishments responsible for selling the products. C. FINANCIAL • Fines will be in accordance with Section D of the Richfield City Code. D. LEGAL • Legal counsel has prepared and reviewed the drafts and final version of the ordinance. IV. ALTERNATIVE RECOMMENDATION~S~ • The only alternative would be to allow the paint sprayers, etc., to be sold to anyone, by anyone, and thus have no control over the items. V. ATTACHMENTS • Ordinance No. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Unknown /~' ORDINANCE NO. ORDINANCE AMENDMENT TO CHAPTER IX OF THE CITY CODE OF THE CITY OF RICHFIELD ADDING NEW SECTION 935 RELATING TO THE SALE OF SPRAY PAINT AND SIMILAR ITEMS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter IX of the Richfield City Code is amended to add the following new Section 935: 935.01. Sale or transfer to minors. No person seventeen (17) years of age or under may possess or buy any spray paint, paint sticks, or one-half (1/2) inch or larger broad- tipped markers. No person in the business of selling or promoting the sale of spray paint, paint sticks, or '/2 inch or larger broad-tipped markers, nor the agent or employee of any such person, may sell or transfer possession of spray paint, paint sticks, or '/2 inch or larger broad-tipped markers to a person seventeen (17) years of age or under. 935.03. Exceptions. Subdivision. 1. Consent from parent or guardian. A person may sell or transfer possession of spray paint, paint sticks, or'/ inch or larger broad-tipped markers to a person seventeen (17) years of age or under if the minor presents the written consent of the. minor's parent or guardian. Such consent must contain the name, address and telephone number of the parent or guardian. Subd. 2. Specific uses. This section does not apply if the spray paint, paint stick, or %2 inch or larger broad-tipped marker is sold, delivered, or given away simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar models. 935.05. Storage of Items. Subdivision. 1. Visibility. A person who owns, conducts, operates, or manages a commercial establishment offering for sale spray paint, paint sticks, or '/2 inch or larger broad-tipped markers must store such items in an area that is continuously observable, through either direct visual observation or surveillance equipment, by employees of the establishment during regular business hours. Subd. 2. Accessibility. If a commercial establishment is unable to store spray paint, paint sticks or'/ inch or larger broad-tipped markers in an area as provided in subdivision 1 above, the establishment must store the items in an area that is not accessible, without employee assistance, to the public during regular business hours. This subdivision does not preclude an establishment from otherwise storing the spray paint, paint sticks or'/2 inch or larger broad-tipped markers in a storage room that is not accessible to the public without employee assistance. Subd. 3. Sign. All commercial establishments in the business of selling or promoting the sale of spray paint, paint sticks, or '/2 inch or larger broad-tipped markers must display a sign, in clear view, with a minimum letter size of one inch, that reads: "We I.D. No Spray Paint Sales to Minors." r Ib~~-- 935.07. Removal of Graffiti. Property owners and businesses, or those entities or persons who have authority over property or are responsible for a property's maintenance or management, must remove or cover graffiti within 48 hours of its occurrence. -935.09. Enforcement. Subdivision 1. Compliance Checks. The City will conduct annual compliance checks of all commercial establishments to which this Section applies. Subd. 2. Penalty. The City may impose a civil fine for violations of this Section or prosecute violations as a misdemeanor. Civil fines for non-compliance will be pursuant to Resolution adopted by the Richfield City Council. The City may impose penalties against either the employee of the commercial establishment who violates this Section or against the commercial establishment itself. Sec. 2. This ordinance shall be effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 13th day of November 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk 1~ ~3 RESOLUTION NO. RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDMENT TO CHAPTER IX ADDING NEW SECTION 935 WHICH PERTAINS TO THE SALE OF SPRAY PAINT AND SIMILAR ITEMS WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2007 - AN ORDINANCE RELATING TO THE SALE OF SPRAY PAINT AND SIMILAR ITEMS AN ORDINANCE AMENDMENT TO CHAPTER IX ADDING NEW SECTION 935 WHICH PERTAINS TO THE SALE OF SPRAY PAINT AND SIMILAR ITEMS The purpose of this ordinance is to regulate the sale or transfer of various paint equipment, except as specified in the new ordinance; give guidance for storage and signage for the sale of the equipment; place demands on the removal of the graffiti that may or may not be related to the direct sale of the products; and establish enforcement and penalties that the commercial establishments would face if there is non-compliance with the City Code, Section 935. Copies of the ordinance are available for public inspection in the Public Safety Department, Police Division, during normal business hours or upon request by calling Lt. Jay Henthorne at 612/861-9828. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of November, 2007. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk J AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 11 REPORT # 300 ~' STAFF REPORT CITY COUNCIL MEETING NOVEMBER 13, 2007 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR. NAME, TITLE COUNCIL PRESENTER: DEBBIE GOETTEL, MAYOR NAME, TITL REVIEWED BY CITY MANAGER: ~e, r~""' T. ITEM FOR COUNCIL CONSIDERATION: Consideration of the City Council's confirmation of the Mayor's appointment of a Housing and Redevelo ment Authorit HRA Commissioner to fill an expired term. I. RECOMMENDED ACTION: By motion: Confirm the Mayor's appointment of an HRA Commissioner for a five ear term expirin October 2012. II. BACKGROUND HRA Commissioner Donna Drummond's term expires in October 2007. Commissioner Drummond was appointed in January 2006 to fill an unexpired term. To ensure a quorum at future HRA meetings, the Council should make an appointment on November 13, 2007. III. BASIS OF RECOMMENDATION A. POLICY • Under State law, the Mayor appoints HRA Commissioners subject to confirmation of the City Council. The Mayor has indicated she will make an appointment to the HRA for afive-year term at the November 13, 2007 City Council meeting. 1113HRA B. CRITICAL ISSUES • To ensure a quorum at future meetings, the City Council should take action on this item on November 13, 2007. C. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ , • -The City Council could decide not to confirm the Mayor's appointment. • If the City Council does not approve the Mayor's appointment, a quorum may not be present at future HRA meetings. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None.