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2009-07BILL NO. 2009-7 AN ORDINANCE RELATING TO ZONING; ESTABLISHING REGULATIONS FOR A NEW PENN AVENUE CORRIDOR OVERLAY DISTRICT; AMENDING SUBSECTION 512.01 OF THE RICHFIELD CITY CODE; AMENDING THE RICHFIELD CITY CODE BY CREATING NEW SUBSECTION 541.17; AMENDING APPENDIX 1 TO THE RICHFIELD CITY CODE BY REZONING PROPERTIES WITHIN THE PENN AVENUE CORRIDOR AREA AS MIXED-USE COMMUNITY AND SUBJECT TO THE PENN AVENUE CORRIDOR OVERLAY DISTRICT REGULATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 512.01, Subdivision 1 of the Richfield City Code is amended to read as follows: 512.01. Zoning districts. Subdivision 1. Establishment of districts. In order to carry out the purposes and provisions of this code, the city is hereby divided into the following zoning districts: Residential Districts Sin le Famil Residentia ............................._9......................................~._y...................................................... ...... ..................................... Low Density Single Family Residential R-1 Two Family Residential MR-1 Multi-Family Residential MR-2 Hi h Densit Multi Famil Residential ..........................9......................................y...............................-..................... MR-3 ,. :Commercial Districts Service Office S-O Nei hborhood Business g............ _....... ..... C-1 General Commercial C-2 Mixed-Use Districts Mixed-Use Re Tonal _9 ........................................................................:..................................................... MU-R .......................................................... Mixed-Use Community ......................................................................................... MU-C Mixed-Use Nei hborhood ................................................................................._9.................... MU-N ; ................................................. Industrial Districts Industrial : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Planned Unit Development Districts Planned Residential PR Planned Two Famil Residential ........... y .....................................................~........................... PMR-1 e...................................................... Planned Multi-Famil Residential ........................................................................................................y.................................................... ~.......................................... PMR ......................................................... Planned Neighborhood .Commercial PC-1 Planned General Commercial : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PC-2 .:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Overlay Districts . Airport Runway,Overlay.District AR ..... Penn Avenue Corridor Overlay District PAC Sec. 2. Section 541 of the Richfield City Code is amended by adding new subsections after Subsection 541.15, the new subsections to read as follows: 541 17. Penn Avenue Corridor Overlay District. Subdivision 1. Purpose and intent The Penn Avenue Corridor District provides for a balanced mix of commercial office and residential uses that together create a cohesive and pedestrian-friendly area. Subd 2 Creation of district and applicability. The Penn Avenue Corridor Overlay (PAC) District shall apply to properties designated within Appendix 1 of this code. Subd 3 Applicable regulations. The regulations of the underlying Mixed- Use Community (MU-C) District shall apply with the following additions and exceptions: a) Uses All permitted accessory conditional and interim uses allowed in the MU-C District are allowed in the PAC District with the following additions qualifications and7or exceptions: Table 1. Uses in the Penn Avenue Corridor Overlay District The following abbreviations are used within the use table: P= permitted use A= accessory use C= conditionally permitted N= not permitted Use PAC Regional retail services P Auto mechanical or body repair shops N Auto detailing N Dwelling townhouse (min. density 6 du/acre P Dwelling multi-family (min. density 6 P du/acre Live -work units (min. density 6 du/acre P Transit facilities P b) Uses not listed. Any land use not listed as Permitted, Accessory or Conditional in this subsection or other referenced subsections is prohibited in the Penn Avenue Corridor Overlay District unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code. c) Conditional uses. All conditions applicable in the MU-C District ,as found in Subsection 537.05 of this code, apply in the PAC District with the following additions, qualifications and/or exceptions: (i) Restaurant Class III or Drive-Up Window Teller Service. In addition to the rules governing drive-up window or teller service in the underlying MU-C District. a minimum distance of 150 feet must be maintained between such facilities in the PAC District (as measured from property line to property line). d) Bulk and dimensional standards. All bulk and dimensional. standards applicable in the MU-C District, as found in Subsection 537.07 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: (i) The minimum two-story building requirement prescribed in Table 2 of Subsection 537.07 does not apply within the PAC District. (ii) The maximum number of building stories in the PAC .shall be 8 stories. (iii) A mix of uses, as prescribed by Subsection 537.07 Subd 2(b), is not required within the PAC District. e) Other Performs standards apali is All additional and in Subsectioi 537.11 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: (i) The above ground parking ramps orientation requirement described by Subsection 537.11, Subd. 6(d) does not apply in-the PAC District. (ii) The open space requirement described by Subsection 537.11, Subd. 8 does not apply in the PAC District. Sec. 3. Paragraph (4) of Section 3 of Appendix 1 of the Richfield City Code is amended to read as follows: (4) M-~ 10 (ref 66t" and Queen; 68t" and Penn) ~s-~ + ~rn~ ~ivh 'lea-LV+c '1 ~ +hrn~ vvh '~~) of RInnL 'I Lot 1 and the east 33 feet of Lot 2 of Block 2,--aed-L-e#-s ~ +-,- "ugh ~' ^f R'^^ ~'I-6,-a;;-i,~ Tingdale Brothers Lincoln Hills Addition; and Lots 1 and 2, Block 1, Tingdale Brothers Lincoln Hills Third Addition. Sec. 4. Paragraph (6) of Section 3 of Appendix 1 of the Richfield City Code is amended to read as follows: (6) M-9~-9 (NWE corner; of 66t" and Queen) Th~~are~i ~`~ C+roo+ frnm cn~~+h of RR~~C+rrc + ~+nr! +ho ~+~ntor lino of DoT A~ion~~o ~nrl ~inonfor lince of R~.~~'~'~ C+ro~ Dlcn Lot 3 rcvcrrcrc-crna- cc~TCCr-rrrrcTVrv o~ ~rrc ~v , Block 3, Harry Tickner's Subdivision of Lot 15 Richfield Gardens. Sec. 5. Paragraph (11) of Section 3 of Appendix 1 of the Richfield City Code is amended to read as follows: (11) M-8 (S-€NW corner, 66t" and Oliver) Th~+ ~ro~ I„inn hofinioon +ho nonfor linos of Donn nnr! (lli~ior 4~ion~ ~o~ ho+~nioon +ho ver~tor lino of 4:C.~~'~j°+~ ens ~+~;r,Te-e# Lots 11 , h~~e~~~orlino of Donn ~~icn~ ~o ~nrl ~io~e+ lino of I n+c G: Ali GI"1'f7"fG'~f-r-L.TII"IT"CPrilT~fiCT GT~J~fI'RG~T-CGTTt7 b a h~tweea-tie er,~ ~+h lino of I n+ '1 /l nnrl +ho non+or linc n~f R7~ ~~ ~v~crm-Rrt~vi-cv ccrrc c+roo+ ~n in Block 6, Fairwood Park Addition. Sec. 6. Section 16 of Appendix 1 of the Richfield Zoning Code is amended by adding new paragraphs 6 through 14 as follows: (6) M-9, 10 (W of Penn, 62 to 67t") That area lying between the center lines of state highway 62 and 67t" Street, and between the center lines of Penn Avenue and Queen Avenue extended north. (7) M-9 (S of 62, W of Penn) That area lying between the center lines of state highway 62 and 63rd Street. extended westerly, and between the east line of Leslie Terrace Addition and a line parallel with and 330 feet westerly of the center line of Penn Avenue. (8) M-10 (W of Penn, between 67t" & 68t") Lots 1 through 12 of Block 16, Tingdale Brothers Lincoln Hills Addition. (9) M-7 (E of Penn, between 62 and 63rd) That area lying between the center lines of state highway 62 and 63rd. Street, and between the center lines of Penn Avenue and Oliver Avenue. (10) M-7 (SE of 63rd and Penn) That area lying between the center lines of Penn Avenue and the alley in Block 12, Ray's Lynnhurst Addition, and between the south line of said Block 12 and the center line of 63rd Street. (11) M-7 (E of Penn, near 64t" to 66t") That area lying between the center lines of Penn Avenue and Oliver Avenue, and between the south line of Block 12, Ray's Lynnhurst Addition and the center line of 66t" Street. (12) M-8 (E of Penn, 66t" to 67t") Lots 6 though 10 of Block 6, Fairwood Park Addition. (13) M-7 (E of Oliver, 62 to 63rd) That area lying between the center lines of state. highway 62 and 63rd Street, and between the center lines of Oliver Avenue and the east line of Dolphins Addition. (14) M-7 (SW corner of 63rd and Oliver) Lots 1 and 2 of Block 12, Ray's Lynnhurst Addition. Sec. 7. Appendix 1 of the Richfield Zoning Code is amended by adding a new Section 18 to read as follows: Section 18. Penn Avenue Corridor Overlay District (PAC) (1) M-9, 10 (W of Penn, 62 to 67t") That area lying between the center lines of state highway 62 and 67t".Street, and between the center lines of Penn Avenue and Queen Avenue extended .north. (2) M-9 (S of 62, W of Penn) That area lying between the center lines of state highway 62 and 63rd Street extended westerly, and between the east line of Leslie Terrace Addition and a line parallel with and 330 feet westerly of the center line of Penn Avenue. (3) M-10 (W of Penn, between 67t" & 68t") Lots 1 through 12 of Block 16, Tingdale Brothers Lincoln Hills Addition. (4) M-7 (E of Penn, between 62 and 63rd) That area lying between the center lines of state highway 62 and 63rd Street, and between the center lines of Penn Avenue and Oliver Avenue. (5) M-7 (SE of 63rd and Penn) That area lying between the center lines of Penn Avenue and the alley in Block 12, Ray's Lynnhurst Addition, and between the south line of said Block 12 and the center line of 63rd Street. (6) M-7 (E of Penn, near 64t" to 66t") That area lying between the center lines of Penn Avenue and Oliver Avenue, and between the south line of Block 12, Ray's Lynnhurt Addition and the center line of 66t" Street. (7) M-8 (E of Penn, 66t" to 67t") Lots 6 though 10 of Block 6, Fairwood Park Addition. (8) M-7 (E of Oliver, 62 to 63rd) That area lying between the center lines of state highway 62 and 63rd Street, and between the center lines of Oliver Avenue and the east line of Dolphins Addition. (9) M-7 (SW corner of 63rd and Oliver) Lots 1 and 2 of Block 12, Ray's Lynnhurst Addition. Sec. 8. Appendix 1 of the Richfield Zoning Code. is amended by repealing Section 1, paragraphs 1, 2, 3; Section 3, paragraphs 10 and 64; and Section 12, paragraphs 1, 7, 20 and 25. Sec. 9. This ordinance constitutes a rezoning of the following properties: 6200 Queen Avenue, :6445 Queen Avenue, 6629 Queen Avenue, 6645 Queen Avenue, 2120 63rd Street West, 6215 Penn Avenue, 6221 Penn Avenue, 6237 Penn Avenue, 6253 Penn Avenue, 6228 Penn Avenue, 6310 P enn Avenue, 6301 Penn Avenue, 6315 Penn .Avenue, 6317 Penn Avenue, 6320 Penn Avenue, 6321 Penn Avenue, 6325 Penn Avenue, 6328 Penn. Avenue, 6333 Penn Avenue, 6337 Penn Avenue, 6341 Penn Avenue, 6344 Penn Avenue, 6345 Penn Avenue, 6400 Penn Avenue, 6401 Penn Avenue, 6407 Penn Avenue, 6417 Penn Avenue, 6420 Penn Avenue, 6427 Penn Avenue, 6433 Penn Avenue, 6436 Penn Avenue, 6444 Penn Avenue, 6445 Penn Avenue, 6500 Penn Avenue, 6501 Penn Avenue, 6525 Penn Avenue, 6528 Penn Avenue except Lot 3, Block 3, Harry Tickner's Subdivision of Lot 15 Richfield Gardens Addition, 6529 Penn Avenue, 6545 Penn Avenue, 6600 Penn Avenue, 6601 Penn Avenue, 6608 Penn Avenue, 6612 Penn Avenue, 6613 Penn Avenue, 6620 Penn Avenue, 6621 Penn Avenue, 6628 Penn Avenue, 6630 Penn Avenue, .6636 Penn Avenue, 6640 Penn Avenue, 6645 Penn Avenue, 6700 Penn Avenue, 6708 Penn Avenue, 6722 Penn Avenue, 6724 Penn Avenue, 6736 Penn Avenue, 6744 Penn Avenue, 6215 Oliver Avenue, -6220 Oliver Avenue, 6241 Oliver .Avenue, 6244 Oliver Avenue, 6416 Oliver Avenue, 6436 Oliver .Avenue, 6444 Oliver Avenue, 6500 Oliver Avenue, 6504 Oliver Avenue, 6506 Oliver Avenue, 6512 Oliver Avenue, .6520 Oliver Avenue, 6526 Oliver Avenue, 6532 Oliver Avenue, 2200 66t" Street West, 2208 66t" Street West, 2210 66t" Street West, and 2321 66t" Street West Sec. 10. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Debbie Goettel, Mayor ATTEST: ~~ Nancy Gibb ity Clerk City of Richfield (Official Publication) SUMMARY PUBLICATION BILL N0.2009-7 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 2 day of April 2009, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _____ day of 2009; 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: abcdefg hij klmnopq rstuvwxyz BY: / CFO Subscribed and sworn to or affirmed before me on this 2 day of April , 2009. - ''' L Notary Public MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1~1-14 AN ORDINANCE RELATING TO ZONING; ESTABLISHING REGULATIONS FOR A NEW PENN AVENUE CORRIDOR OVERLAY DISTRICT; AMEDING RICHFIELD CITY CODE SUBSECTION 512.01; AMENDING THE RICHFIELD CITY CODE BY CREATING A NEW SUBSECTION 541.17; AMENDING APPENDIX 1 TOTHE RICHFIELD CITY CODE BY REZONING CERTAIN PROPERTIES ALONG PENN AVENUE AS MIXED USE -COMMUNITY AND SUBJECTTOTHE PENN AVENUE CORRIDOR OVERLAY DISTRICT REGULATIONS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. The ordinance establishes the Penn Avenue Corridor Overlay District. The ordinance regulates the land uses that are permitted, conditionally permitted or prohibited in this district. Through reference to the Mixed Use - Com- munity District regulations, it establishes building setback and minimum and maximum building height requirements as well as requirements for parking, vehicular and pedes- trian circulation, exterior lighting, open space, landscap- ing, and other performance standards. In general, the Penn Avenue Corridor Overlay District allows for a mix of residential, retail, and office uses, as is envisioned by the City's Comprehensive Plan. The ordinance also rezones most of the properties within the area bounded by Highway 62 to the north, Queen Avenue to the west, 68th Street to the south, and Oliver Avenue to the east into both the Mixed Use - Com- munity and Penn Avenue Corridor Overlay Districts: Copies of the ordinance are available for public in- spection in the City Clerk's office during normal business hours or upon request by calling the Department of Com- munity Development at (612) 861-9760. A map showing the new zoning district boundaries, as well as a list of the addresses of properties that are being rezoned, can be obtained from the Department of Community Develop- ment. lsl Nancy Gibbs, City Clerk (Apr. 2, 2009) d2-bill 2009-7