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2008-07BILL NO. 2008 -7 AMENDMENT TO RICHFIELD CITY CODE 522.05, SUBDIVISION 7; 534.03, SUBIDIVISION 3; 537.05, SUBDIVISIONS 2 AND 3; 537.11, SUBDIVISION 3A; 544.03, SUBDIVISION 813; 547.13, SUBDIVISION 913; AND 547.15, SUBDIVISION 2 THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 522.05, Subdivision 7 of the Richfield City Code is amended to read as follows: Subd. 7. Home occupations that are operated in accordance with Subsection &44 509.21 of this code. Section 2 Subsection 534.03, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Retail, service and office uses with 50,000 square feet or less of gross floor area (excluding those uses listed in Se�TSubsections 512.07 and 534.0-907 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. Section 3 Subsection 537.05, Subdivisions 2 and 3 of the Richfield City Code are amended to read as follows: Subd. 2. 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 a multi- tenant or multi -use shopping area of other multi- tenant development and meet the mixed use requirements of subsection 537.9407, Subd. 2. Subd. 3. General retail services in MU -N. General retail services in the MU -N district provided that the following conditions are met: The retail uses front on an arterial street and meet the area requirements of subsection 537.8407, Subd. 2. Section 4 Subsection 537.11, Subdivision 3a of the Richfield City Code is amended to read as follows: 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 537.8611, Subdivision 408 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. Section 5 Subsection 544.03, Subdivision 8b of the Richfield City Code is amended to read as follows: b) Boulevard plantings: In instances of constrained sites (544.01 Subd-. W 509.25, Subd. 6), landscape standards may be met through boulevard plantings under a permit from the Richfield Public Works Department. Section 6 Subsection 547.13, Subdivision 9d of the Richfield City Code is amended to read as follows: d) If the project is not in compliance with the approved plans, the project shall be subject to review as specified in Subdivision 11. Section 7 Subsection 547.15, Subdivision 3 of the Richfield City Code is amended to read as follows: 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 ^„ ",n ameRdmeRtS conditional use permits as provided in Subsection 547.9-709. In addition to the general planning and zoning application requirements, applications for interim use permits shall include: a) A signed consent agreement, provided by the City, agreeing- i. That the applicant, owner, operator, tenant and /or user has no entitlement to future reapproval of the interim use permit. ii. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially 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. b) A statement addressing the relationship of the proposed project to the neighboring uses. Section 8 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 8th day of April, IN10,11 MLIVA We Ka, ATTEST: Nancy Gibbs, Cuty Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Richfield Sun - Current and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 17 day of April 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _____ day of , 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz r BY: CFO Subscribed and sworn to or affirmed before me on this 17 day of April 2008. Notary Public MARY ANN CARLSON NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 131-09 i City of Richfield (Official Publication) BILL NO. 2008 -7 AMENDMENTTO RICHFIELD CITY CODE 522.05, SUBDIVISION 7; 534.03, SUBIDIVISION 3; 537.05, SUBDIVISIONS 2 AND 3; 537.11, SUBDIVISION 3A; 544.03, SUBDIVISION 8B; 547.13, SUBDIVISION 913; AND 547.15, SUBDIVISION 2 THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 522.05, Subdivision 7 of the Rich- field City Code is amended to read as follows: Subd. 7. Home occupations that are operated in ac- cordance with Subsection 644 509.21 of this code. Section 2 Subsection 534.03, Subdivision 3 of the Rich- field City Code is amended to read as follows: Subd. 3. Retail, service and office uses with 50,000 square feet or less of gross floor area (excluding those uses listed in seelier3crSubsections 512.07 and 534.4907 of this code). Permitted uses may exceed the 50,000 square foot size limitation if located within a shopping cen- ter or other multi- tenant building. Section 3 Subsection 537.05, Subdivisions 2 and 3 of the Richfield City Code are amended to read as follows: Subd. 2. 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 lo- cated within a multi- tenant or multi -use shopping area of other multi- tenant development and meet the mixed use requirements of subsection 537.4407, Subd. 2. Subd. 3. General retail services in MU -N. General retail services in the MU -N district provided that the fol- lowing conditions are met: The retail uses front on an ar- terial street and meet the area requirements of subsection 537.4407, Subd. 2. Section 4 Subsection 537.11, Subdivision 3a of the Richfield City Code is amended to read as follows: a) All buildings shall have at least one primary patron en- trance facing an abutting public street, rather than the parking area. Buildings abutting a major pedestrian circulation area as defined in Subsection 537.461 1, Subdivision 1-98 shall have at least one primary en- trance facing and accessing the major pedestrian cir- culation way. Primary entrance is defined as the prin- cipal 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. Section 5 Subsection 544.03, Subdivision 8b of the Richfield City Code is amended to read as follows: b) Boulevard plantings: In instances of constrained sites (6 4 4.94 gwl�d_ 9(ig) 509.25 Subd. 6), landscape stan- dards may be met through boulevard plantings under a permit from the Richfield Public Works Department. Section 6 Subsection 547.13, Subdivision 9d of the Richfield City Code is amended to read as follows: d) If the project is not in compliance with the approved plans, the project shall be subject to review as speci- fied in FxwlasaMiea -944:44 Subdivision 11. Section 7 Subsection 547.15, Subdivision 3 of the Rich- field City Code is amended to read as follows: Subd. 2. Application, public hearing, notice and pro- cedure. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those forz@FiiR aF89REIFR opts conditional use permits as provided in Subsection 547.9.�:0M. In addition to the general planning and zoning application require- ments, applications for interim use permits shall include: a) A signed consent agreement, provided by the City, agreeing: i. That the applicant, owner, operator, tenant and /or user has no entitlement to future reapproval of the interim use permit. ii. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially 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. b) A statement addressing the relationship of the pro- posed project to the neighboring uses. Section 8 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, Min- nesota this 8th day of April, 2008. ATTEST: Debbie Goettel, Mayor Nancy Gibbs, City Clerk (Apr. 17, 2008) d2 -bill 2008 -7