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9-9-96 agenda• CITY OF RICHFIELD, MINNESOTA MONDAY, SEPTEMBER 9, 1996 REGULAR CITY COUNCIL MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS 0 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES OF THE (1) REGULAR CITY COUNCIL MEETING OF AUGUST 26,1996; (2) SPECIAL CITY COUNCIL BUDGET MEETING OF AUGUST 28,1996; AND (3) SPECIAL CITY COUNCIL BUDGET MEETING OF SEPTEMBER 4, 1996 PRESENTATION 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA AGENDA APPROVAL 2. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 3. 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 RESOLUTION CERTIFYING DELINQUENT SEWER AND WATER UTILITY ACCOUNTS TO COUNTY AUDITOR C.L. 286 • B. CONSIDERATION OF APPROVAL OF RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION C.L. 287 C. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING NEW LAWFUL GAMBLING LICENSE WITH INVESTIGATION FEE WAIVER FOR RICHFIELD HOCKEY ASSOCIATION THROUGH LARIAT LANES, 6320 PENN AVENUE C.L. 288 D. CONSIDERATION OF APPROVAL OF RESOLUTION APPROVING NEW LAWFUL GAMBLING LICENSE WITH INVESTIGATION FEE WAIVER FOR RICHFIELD HOCKEY ASSOCIATION THROUGH FRENCHMAN'S, 1400 EAST 66TH STREET C.L. 289 PUBLIC HEARINGS 4. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDMENT REZONING LAND AT 7645 NICOLLET AVENUE FROM NEIGHBORHOOD COMMERCIAL TO TWO FAMILY RESIDENTIAL COUNCIL LETTER NO. 290 5. PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION 1305.11 AND 1305.13 REGARDING SNOW EMERGENCIES AND . TOWING OF VEHICLES UNDER CERTAIN CIRCUMSTANCES COUNCIL LETTER NO. 291 RESOLUTIONS 6. CONSIDERATION OF 1996 REVISED/1997 PROPOSED BUDGET RESOLUTIONS ADOPTING 1997 PRELIMINARY PROPERTY TAX LEVY, TRUTH IN TAXATION HEARING DATES AND CANCELING 1997 AD VALOREM LEVY FOR CURRENT SPECIAL ASSESSMENT BONDS COUNCIL LETTER NO. 292 PROPOSED ORDINANCES 7. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO CITY CODE, SECTION 426, AND ZONING ORDINANCE ON COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES TOWERS AND ANTENNAS AND SECTION 425 ON ACCESSORY TOWERS AND ANTENNAS COUNCIL LETTER NO. 293 • 0 8. CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO ZONING ORDINANCE REGARDING CLUSTER HOUSING DEVELOPMENTS COUNCIL LETTER NO. 294 ADMINISTRATIVE REPORTS AND OTHER BUSINESS AIRPORT BUSINESS 9. AIRPORT STATUS REPORT CORRESPONDENCE 10. LEGISLATIVE REPORT COUNCIL CHOICE 11. COUNCIL DISCUSSION ITEMS 12. CLAIMS AND PAYROLLS 0 13. ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861-9702. 9 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 294 Agenda September 9, 1996 Issue Statement: First reading of an ordinance amendment to the Zoning Ordinance on cluster housing developments. Background: The Planning Commission has spent several months developing an ordinance amendment for cluster housing developments, in response to the need to encourage a greater variety of housing types in the City. The ordinance permits small, single family-like projects in various residential zoning districts in the City as conditional uses. Conditions are placed on this type of housing to ensure that projects are developed in harmony with the existing neighborhoods.. Lot size, setback and lot coverage requirements similar to those of each zoning district are applied to cluster housing developments. Flexibility in these requirements is granted to projects that demonstrate that a higher quality project can be developed with this flexibility and that the flexibility does not have a negative impact on the neighborhood. In the R (single family residential) district, the size and density of this type of project are limited by the Comprehensive Plan. The Comprehensive Plan suggests a number of areas in the City that would be appropriate for cluster housing. Recommended Motion: Approve first reading of the attached ordinance; and set the public hearing and second reading for October 14, 1996. Basis of Recommendation: 1. The variety of housing types available in the City is limited; cluster housing is one type of housing the City lacks. As the number of empty nester households grows, the demand for attached forms of housing is likely to increase. 2. Under the Livable Communities Act, the City has developed several housing principles, one of which is to support a variety of housing types for people in all stages of the life cycle. 3. The update of the City's Comprehensive Plan, estimated to be in place by the end of 1996, encourages the life cycle housing concept and identifies several locations for low density, attached forms of housing. 4. The current Zoning Ordinance limits cluster housing development to attached townhome units in the medium density multiple housing district and planned unit developments. The ordinance does not recognize smaller, more single-family like cluster developments. 5. The Planning Commission has reviewed ordinances from other cities and received feedback from developers and City housing staff in developing the attached ordinance amendment. 6. The City Council discussed this proposed ordinance with the Planning Commission at their study session on August 5, 1996. 7. On August 27, 1996 the Planning Commission voted unanimously to recommend approval of the ordinance amendment. Alternative Recommendation: 1. Deny this amendment at first reading. 2. Request further study of the ordinance by the Planning Commission. Discussion/Decision Mode: First reading is set for September 9, 1996. If approved, a public hearing and second reading will be scheduled on October 14, 1996. Res Ily submitted, Jame . Prosser City Manager JDP:cak S-a Bill No. 1996- Amendment to Appendix B of the City Code of the City of Richfield The City of Richfield Does Ordain: Section 1: Section 506 of Appendix B to the Richfield City Code entitled "Zoning: Purpose and Definitions" is hereby amended by amending Section 506.07, Subd. 13 to read as follows: 506.07. Definitions. 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. "Arterial street" - For the purposes of this code, an arterial street means a street which connects adjacent sub-regions and activity centers within sub-regions. The definition includes the following streets and roadways in the City: The Crosstown (Highway No. 62); I-35W; I-494; Minnesota Trunk Highway No. 77; 66th Street between Xerxes and Standish Avenues; Standish Avenue; 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 No. 77, and Xerxes Avenue between 62nd and 66th Streets. Subd. 5. "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. 6. "Buffer" - The use of land, space, fences, berms, and/or landscape plantings to screen (or partially screen) one property from another property, thus reducing undesirable influences and effects which a land use may have upon other adjacent or nearby land uses. (Figure 1) Fence Berm Figure 1 Subd. 7. "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. 40 ?-13 • Subd. 8. "Building, principal" - A building in which is conducted the primary use of the lot upon which it .is situated. Subd. 9. "Car wash" - A principal building used for the washing of motor vehicles. Subd. 10. "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. 11. "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. 12. "City" - The City of Richfield. Subd. 13. "Cluster home development" - A development of 3 or more detached one family dwellings or a row, group or cluster of attached one family dwellings. Dwelling units may be located on individual lots or on a lot in common. Subd. 134. "Collector street" - For the purposes of this code, a collector street means a street which connects neighborhoods within and between sub-regions. The definition includes the following streets and roadways in the City: 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. 145. "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. 156. "Council" - The City Council of the City of Richfield. Subd. 167. "Currency exchange" - Any business or person, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or traveler's checks for a fee. Currency exchange does not include businesses or persons who provide such service incidental to their primary business if the charge for cashing a check or draft does not exceed one dollar or one percent of the value of the check or draft, whichever is greater. Subd. 178. "Director" - The Director of Community Development, unless specifically indicated otherwise. Md. 189. "Driveway" - A permanent concrete, asphalt, or brick area designed to provide ingress and egress for motor vehicles from the street to a garage or other g- L? authorized off-street parking area; the term does not include (i) a non-contiguous area exclusively set aside or used for the parking and storage of recreational vehicles and equipment, or (ii) parking lots. Subd. 4-920. "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. 201: "Dwelling, attached" - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 212. "Dwelling, detached" - A single dwelling which is entirely surrounded by open space on all sides. Subd. 223. "Dwelling, multi-family" - A residential building or portion thereof used for occupancy by three or more families living independently of each other. Subd. 234. "Dwelling, single family" - A residential building used for occupancy by one family. Subd. 245. "Dwelling, townhouse" - A building used for occupancy by three to six families living independently of each other. Each dwelling unit is attached horizontally in a linear arrangement with private front and rear entrances 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. 256. "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. 267. "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. 278. "Dwelling unit" - Residential accommodation including kitchen facilities, permanently installed, which are used for living quarters by one family. Subd. 289. "Easement" - The right of a person, governmental agency, or public utility to use public or private land owned by another for a specific purpose. Subd. 3930. "Emergency shelter" - A facility operated by a non-profit, charitable, or religious organization which provides temporary housing for one or more persons who are otherwise homeless. Subd. 301. "Family" - One person or a group of persons related by blood, marriage, or adoption, including foster children and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit; or a group of up to three persons • ?_5 some or all of whom are not related by blood, marriage, or adoption, living together and maintaining a common household. The definition does not include sororities, fraternities, or other similar organizations. Subd. 3-12. "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' . 1H 40 x 50 = 2,000 I x 3 stories = 6,000 sq. ft. G.F.A. 3 50' stories 00000 Qoooo Figure 2 Subd. 323. "Floor area ratio (FAR)" - The gross floor area of all buildings on a lot divided by the lot area. (Figure 3) Subd. 334. "Garage, private" - 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. Subd. 345. "Garage, public-auto body" - A premises, not a private garage, used for the refinishing of motor vehicles including paint and body work. ' lot line ' I I f- 40'-)0 I fi I 50' g story I b?aa?r9 I I I 12,000 Sq. Ft. Lot --------------- Gross floor area [6,000] = FAR [.5] Lot area [12,000] Figure 3 Subd. 356. "Garage, public-mechanical" - A premises, not a private garage, used for the servicing, maintenance, or mechanical repair of motor vehicles including both minor work and major engine overhauling. Subd. 367. "Group housing development" - A development located on a single lot which consists of two or more buildings, each of which contains three or more dwelling units. Subd. 378. "Height of building" - The vertical distance to the highest point of the roof for flat roofs; to the GABLE deck line for mansard HIP roofs; and to the average FLAT MANSARD GAMBREL height between eaves and LI the ridge for ga ble, hip deck line and ambrel roofs as g ' storyl Height Height ight measured from the average elevation of the basement lot adjoining the front building line. (Figure 4) Figure 4 Subd. 389. "Hotel/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. Subd. 3940. "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. 481. "Junk yard" - Land or building where waste material, or inoperative vehicles or other machinery are collected, stored, salvaged, dismantled, wrecked, or sold, other than the storage of materials which is incidental to a business or industrial use on the IMPERVIOUS SURFACE PERVIOUS SURFACE same lot if approved by the City. Figure 5 0 Subd. 412. "Light manufacturing" - A use engaged in the manufacturing of finished products or parts, predominantly from previously prepared materials. 0 ?1 Subd. 423. "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. 434. "Lot, corner" - A lot abutting and at the intersection of two or more streets. (Figure 6) Subd. 445. "Lot coverage" - The total ground area covered by buildings on a lot, excluding uncovered swimming pools, uncovered porches, or uncovered ground level landings. Subd. 456. "Lot depth" - The average horizontal distance between the front and rear lot lines. (Figure 7) Subd. 467. "Lot, interior" - A lot other I I I ) Street Alley Key lot Key lot c blot Ime IoC goo Q e Q Through lot Interior lotinterior lot than a corner lot. (Figure 6) Figure G Subd. 47-8. "Lot, key" - The first lot to the rear of a corner lot, the front lot line of which is substantially a continuation of the streetside side lot line of the corner lot, regardless of the presence of any alley or easement. (Figure 6) Subd. 459. "Lot line" - A line which divides one lot from another or from a street or alley. Subd. 4950. "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) Subd. 501. "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. 5-12. "Lot line, side" - Any lot line that is not a front or rear lot line. An "interior" side lot line is a side lot line which abuts another lot or an alley. A "streetside" side lot line is a side lot line which abuts a public street. (Figure 7) 9 Rear Lot Line ,._._._._.? ._._._...i ; Lot Depth Side Lot Lines i ; Lot Width Front ' _ Lot Line (frontage) ..?._. ._ _._ ?._.. Street Right-of-Way T s o d o E - o U ? - o U Figure 7 Subd. 523. "Lot of record" - A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat. Subd. 534. "Lot, through" - An interior lot abutting on two or more streets. (Figure 6) Subd. 545. "Lot width" - The horizontal distance between the two side lot lines, as measured at the front lot line. (Figure 7, p. 506-7) Subd. 556. "Manufactured home" - A dwelling structure that is transportable in one or more sections and is built on a permanent chassis. Subd. 567. "Motel" - (See Hotel/Motel) Subd. 578. "Nonconforming building" - Any building that does not meet the limitations on building size, height, or location on a lot for the district in which such building is located; or any building which houses a nonconforming use. Subd. 559. "Nonconforming use" - A lawful 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. A nonconforming use shall be deemed to be a conforming use if it could be authorized under a conditional use permit where located. Subd. 5960. "Outdoor open space" - Open space improved and located to provide outdoor living area for residents. Outdoor open space includes, but is not limited to, lawns and other landscaped areas, walkways, decks, paved terraces and sitting areas, and outdoor recreation areas; outdoor open space shall not include driveways, parking areas, or required front or "streetside" side setback areas. Subd. 681. "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. 6-12. "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. 623. "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. 634. "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. 0 ?_9 Subd. 645. "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. 656. "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. 667. "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. 678. "Restaurant - Class IV" - Take Out Only Restaurant: Establishments where food is usually ordered by telephone and prepared on the premises for consumption off the premises, with no seating or other area provided on the premises for consumption. The establishment may deliver food to the customer, or the customer may pick food up. Subd. 659. "Service station" - An establishment where gasoline and other petroleum products are sold 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 heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Subd. 6970. "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 heavy automobile maintenance activities such as engine overhauls, automobile painting, and body work are conducted. Subd. 701. "Setback" - The minimum horizontal distance required between a building and the related front, side, or rear lot lines. Subd. 71-2. "Shopping center" - A grouping of retail businesses, service establishments, and/or office uses on a single site with common parking facilities. Subd. 723. "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. S-/C) 0 Subd. 734. "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. 745. "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. 756. "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. 767. "Use, accessory" - A use associated with, incidental to, and on the same lot as, a principal use. Subd. 778. "Use, conditional" - A use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration in each case, of the impact of such use upon neighboring land, and of public need for the particular use at the particular location, such use may or may not be approved by the Council. Subd. 789. "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. 7980. "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. 801. "Use, prohibited" - A use which shall not be established or conducted within a particular district. Subd. 8-12. "Variance" - A modification or variation of the literal provisions of this code where it is determined that by reason of special or unusual circumstances related to the individual property under consideration, strict application of the code would cause undue hardship, and granting of a variance would not interfere with the general purpose and intent of this code, nor have an adverse impact on surrounding properties. ?-I) Subd. 823. "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. 834. "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) Side ? Bullding Roof ; Side • Yard Yard ---- . ....... i ? T Front Yard _..? ------------- -Front Lot Line Figure 8 Subd. 845. "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, p. 506-10) Subd. 856. "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, p. 506-10) Subd. 867. "Zoning district" - An area or areas of the City for which the regulations under this code governing use, land, or structure are uniform. Section 2: Section 521 of Appendix B to the Richfield City Code entitled "Zoning: Purpose and Definitions" is hereby amended to read as follows: SECTION 521 - ZONING: RESIDENTIAL DISTRICTS 521.01. Single Family Residential District M. Subdivision 1. Subsections 521.01 to 521.16 apply to the R District. Subd. 2. Purposes. The purposes of the R District are to: a) protect and preserve the single family residential character of R District properties that are in conformance with the Comprehensive Plan and this code; r? L_ J 3-0- b) reserve appropriately located areas for new and replacement single family dwellings at densities which are consistent with sound standards of public health; c) provide opportunities for infill cluster housing development and allow greater intensities and wider varieties in the types of housing available to City residents provided it is in harmony with the single family residential character of the R district: d) provide opportunities for cluster housing to serve as transitions in land use in keeping with the character of adjacent land uses at densities slightly higher than single family housing but less dense than multi-family housing; eco ensure adequate light, air, privacy, and open space for each dwelling; df) 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 eg)protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. i 521.07. 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 546.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the R District shall be subject to the same zoning regulations as single family dwellings in the R District. Subd. 3. Accessory day care facilities serving more than 12 persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than 14 persons, or as otherwise permitted by law, provided such facilities are located in non- residential buildings (e.g., schools or churches) and the following conditions are met: a) parking lot setback and screening shall comply with the Richfield Landscape Requirements, on file with the Office of Community Development; 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. • 9,13 Subd. 4. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 5. Private non-commercial recreational facilities as a principal use. Subd. 6. Two family dwellings, provided the following conditions are met: a) the lot shall abut an arterial or collector street; b) the lot area, width, and depth shall comply with Section 521.09, 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) driveway access to the property from public streets shall be allowed in accordance with Section 521.05, Subd. 10, paragraph e), item (iv); 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 a two 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 521. 11, except that a single family dwelling which does not meet the required two family interior side setback may be converted into a two-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two family dwelling requirements. Subd. 7. Cluster home developments with three to ten units, provided the following conditions are met: a) the design of the development shall 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 shall be provided in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development; c) two off-street parking, spaces, one of which must be enclosed in a garage, shall be provided for each dwelling unit; d) there shall be a minimum of 500 square feet of outdoor open space provided on the lot per dwelling unit; a 14 e) the number and location of driveways and curbcuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses; f) the density of the development shall not exceed the density recommended in the Comprehensive Land Use Plan. Subd. -78. 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 a single 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.-89. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 110. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; b) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and d) lighted playing fields shall be permitted only upon demonstration that off-site impacts can be substantially mitigated. Subd. 101. Cemeteries (may include mausoleums and crematories), provided the following conditions are met: a) the lot area shall be not less than five acres; 0 2,JS b) direct views from all abutting residential property shall be buffered in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development; c) the use shall abut an arterial or collector street and access shall be achieved without conducting significant traffic on local residential streets; and d) any crematory shall be set back not less than 600 feet from any lot line. Subd. 11-2. Religious institutions and related convents or parsonages, provided the following conditions are met: a) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and b) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 1-23. 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. 134. Major public utilities. Subd. 145. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 521.09. Lot area, width, depth, and coveraze. Subdivision 1. Standards. The standards set out in this subsection apply in the R District. Subd. 2. Minimum lot area, width, and depth: LI ::...:..:::.:......::::...::.........:.......::::. .:....:::::::....:::: »>_ did € €€>€ ::..:.:::: ...................................................... 6 700 S q. Ft. , 50 Ft. 100 Ft. 9 000 S . Ft. 60 Ft. 100 Ft. 4 000 S q. Ft. Per 60 Ft. 100 Ft. ?U' <' Unit S . Ft. 150 Ft. 100 Ft- 40,000 q Subd. 3. Special 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. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. Subd. 4. Maximum lot coverage: Lots of 7,000 S q. Ft. or less: 35% Lots of over 7,000 S q. Ft.: The greater of 25% or 2,500 S q. Ft. Cluster home develop ents: 35% Non-residential uses: 50% 521.11. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the R District. Subd. 2. Required setback and maximum height: • .i.: ?1?"' ... ........ 30 Ft. 25 Ft. 5 Ft. 12 Ft. 25 Ft. ........................................................... T#1giII" .. 30 Ft. 25 Ft. 10 Ft. 12 Ft. 25 Ft. '.>>'»: > 30 Ft. 25 Ft. 5 Ft. 12 Ft. 25 Ft. ::1 ... SAD...... 30F 3F 5F 12F 14F ;i I 40 Ft. 30 Ft. 30 Ft. 30 Ft. 42 Ft. :E::. R <III>>«><>; 40 Ft. 10 Ft. 10 Ft. 30 Ft. 15 Ft. Subd. 3. 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 "streetside" side lot line which abuts a non- arterial or non-collector street, such "streetside" 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 0 S-11 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. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a corner lot which abuts a key lot, the streetside 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 streetside side setback requirement be less than 12 feet. (Figure 10) Corner lot - -- - - - - " " streetside side lot line o- ! required setback existing f t Key lot ® ron k tb ac se front lot line -di curb Figure 10 Subd. 5. Additional height for non-residential buildings. The following height exceptions apply to non-residential buildings in the R District: Subd. 6. Setbacks for cluster home developments. 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. Subd. 67. Setback reductions for principal buildings. The following setback reductions apply in the R District: a) on a corner lot, the streetside side setback requirement shall be the lesser of 12 feet or the established streetside 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 paragraphs d) and e) of this subdivision shall be applicable; 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 welling(s) which front on the same street and abut such lot, to a minimum setback of 20 feet; 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, provided the following conditions are met: (i) a letter of consent signed by the owner of the property which abuts the interior lot line shall be submitted to the City; ?? 1 U (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 a one foot roof overhang (eave projection); b t- md ith i d ith t i l Wi h 4 e eens Fu w no op en ngs, an w ma er a s e pfei (vi) a drainage plan shall be approved by the City Engineer's office prior to issuance of building permits. d) windows or window units may project a maximum of 24 inches into a required front yard, streetside 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; and e) those items classified as "not encroachments" in Section 511.11. (f) the setback requirements for cluster home developments maybe reduced to 25 feet in the front and 12 feet in the rear if the following criteria are met: i) the project can demonstrate that a superior design is achieved through the reduced setback. Evidence of a superior design may include but is not limited to the preservation of a natural feature, creation of an amenitX, 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, 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. Subd. 8. Maximum height increase for cluster housing developments. The maximum height for cluster housng developments may be increased to 30 feet if the increased height is in harmony with the surrounding neighborhood and if the reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or other similar impacts. 0 9-19 Subd. -79. Setback reductions for residential accessory buildings. 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 11) b) on lots which provide alley access to the rear, a detached garage may be located no less than two feet from the rear lot line, provided that the setback requirement of Section 521.11, Subd. 3 of this code and all building codes are met. --Rear Lot Line ! i ! rear 1 V-A building i line ? i [Garage i $0.. - i T ; House Interior Side Lot Line i i i i Front Lot Line 521.16. Performance standards. 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 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. 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 ten feet in width by 20 feet in depth. Subd. 4. Detached garage in side yard area. Building plans submitted after June 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is located less than 10 feet from the dwelling. Subd. 5. Performance standards of Section 541. Developments other than single family or two family dwellings or cluster home developments with 10 or fewer units shall be constructed and maintained in accordance with the applicable performance standards set out in Section 541 of this code. Subd. 6. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. 9-ac) • 521.37 Two Family Residential District (MR-1). Subdivision 1. Subsections 521.37 to 521.57 apply to the MR-1 District. Subd. 2. Purposes. The purposes of the MR-1 District are to: a) reserve appropriately located areas for two family residential dwellings; b) preserve as many as possible of the desirable characteristics of the single family residential district while permitting higher population densities; c) provide opportunities for infill cluster housing develppment and allow greater intensities and wider varieties in the types of housing available to City residents provided it is in harmony with the residential character of the MR-1 district; d) provide opportunities for cluster housing to serve as transitions in land use in keeper with the character of adjacent land uses at densities slightly higher than single family housing but less dense than multi-family housing; ee) ensure adequate light, air, privacy, and open space for each dwelling unit; df) 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 • eg)protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 521.43. 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 546.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. 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. 3. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 4. Private non-commercial recreational facilities as a principal use. Subd. 5. Twin homes and conversion of two family dwellings into twin homes provided the following conditions are met: 0 S'al a) each of the lots created in subdividing land on which a twin home is constructed or a two family dwelling is converted shall be equal in area or as near equal as is reasonably possible; b) each lot so created shall contain not less than 5,000 square feet in area, shall be not less than 40 feet in width, and shall be shown on a survey prepared by a registered surveyor; c) except for the setback along a common property line, all other setback and yard requirements for a two family dwelling shall be met; d) separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone and other utilities; e) the two units, either existing or proposed, shall be situated in a side by side manner; f) no existing duplex structure shall be split into two separate ownerships unless and until the common party wall fire rating is brought up to new construction standards, as provided in Section 400 of the City Code; g) the owner of property to be subdivided shall execute and record at their expense a "Declaration of Covenants, Conditions, and Restrictions" as • approved by the City Attorney. Said document is necessary to protect the rights of the individual owners sharing a single structure and the public as it relates to such things as maintenance, repair, and reconstruction in case of damage to the original structure. The declaration shall provide protection to the property owners and the City on the following subjects: (i) building and use restrictions; (ii) parry walls; and (iii) relationships among owners of adjoining living units and arbitration of disputes. The intent of these regulations is to promote harmony between the neighbors sharing a single structure and to protect the City and neighborhood from improper maintenance and/or disputes such as the following examples: each living unit being painted a different exterior color, or each living unit having a different roof color or type. The City shall be a third party beneficiary of such declaration. h) accessory buildings along the common lot line may have a zero setback provided all other setbacks are met, and all building and fire codes are met; and i) the authority to divide a single lot into two lots shall be subject to subdivision • regulations in Section 500 of the City Code. Subd. 6. Cluster home developments with three to ten units, provided the following conditions are met: a) the design of the development shall 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 shall be provided in accordance with the Richfield Landscape Requirements, on file with the Office of Communi Development; c) there shall be a minimum of 500 square feet of outdoor open space provided on the lot per dwelling unit, d) the number and location of driveways and curb cuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses, e) the density of the development shall not exceed the density recommended in the Comprehensive Land Use Plan. Subd.-67. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. -78. Major public utilities. Subd. 89. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 521.45. Lot area, width, depth, and coverage. Subdivision 1. Standards. The standards set out in this subsection apply in the MR-1 District. Subd. 2. Minimum lot area, width, and depth: ........................................................................ ....................................................................... ............................................. .............................................. .......................................... .......................................... ........................................... ........................................... 00 S q. Ft. 6,7 50 Ft. 100 Ft. ....................................................................... ........................................................................ »>')" ' ;1±`Il<>`>>< 10,000 S q. Ft. 75 Ft. 100 Ft. .:...:.F,:....:...`..°`: ' ;: `:::;>»>> :....R.: 4. Sq. t. 4,000 Ft. 60 F t. 100 F t. ?`11??5`: >> Per Unit Subd. 3. Special 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. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. Subd. 4. The maximum lot coverage for single family and two family dwellings in the • MR-1 District shall be 30 percent. 'D3 Subd. 5. The maximum lot coverage for cluster home developments in the MR-1 District shall be 35 percent. 521.47. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the MR-1 District. Subd. 2. Required building setback and maximum height: iii:•is•i:•:v::i::ii:•::iiiii iiiiiiiii iiiiiiiii ii is •• .? ? ? ;'. :.?•?.?': ?<? :::::::::: :::ii ii iii:•i:•::???:::::::::::::::::::::,: r }iiiiiiiiiiiiiiii4i:tiff^iiiiiiiiiiii:Liiii:9iiiii: yy ???? 5/•?//4y ::•••?/ 'W?Y:?[:.I:?:'r:':::: 4iiiiiiiiiiiiii}iii:^iiii i :::::i ::::::::i iiiiiiiiiii'riiiiiiiiiiii ii::i::i::ii:yii::i:::::t:::i: 4iY.? ?: ii ??yyy))??yxxyy :::} .. ??..? ..................... ::ii`ii2.{.., .......f.+.????ii•.?...... iii......:::.n .....::................ n.::.....,. ':€4t1S 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. ?.M . . 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. <IIR8!tl 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 ft. `'iE' `" 30 Ft. 3 Ft. 10 Ft. 15 Ft. 14 Ft. Subd. 3. 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. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a corner lot which abuts a key lot, the streetside 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 streetside side setback requirement be less than 15 feet. Subd. 5. Setbacks for cluster home developments. 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 ap lip cable building and fire codes. Subd. 56. Setback reductions for principal buildings. The following setback reductions apply in the MR-1 District: a) on a corner lot, the streetside side setback requirement shall be the lesser of 15 feet or the established streetside side setback of the existing principal building on the same lot for single family-and, two family and cluster home development structures; b) windows and window units may project a maximum of 24 inches into a required front yard, streetside 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 c) those items classified as "not encroachments" in Section 511.11. 0 • (d) 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; (e) 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 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, 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. Subd. 7. Maximum height increase for cluster housing developments. The maximum height for cluster housing developments may be increased to 30 feet if the increased height is in harmony with the surrounding neighborhood and if the reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in onvacv, noise. overcrowding, or other similar impacts. Subd. 68. Setback reductions for 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 access to the rear, a detached garage may be located no less than two feet from the rear lot line, provided that the setback requirement of Section 521.47, Subd. 3 of this code and all building codes are met. 521.55. Parking requirement. For two family,-and-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. • 521.57. Performance standards. 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 960 square feet of gross floor area per unit. 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 ten feet in width by 20 feet in depth. Subd. 4. Detached garage in side yard area. Building plans submitted after June 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is less than 10 feet from the dwelling. Subd. 5. Performance standards of Section 541. Developments other than single family, two family, or-twin home dwellings, or cluster homes with 10 or fewer units shall be constructed and maintained in accordance with the applicable performance standards set out in Section 541 of this code. Subd. 6. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. 0 9 -a 521.59. Multi-Family Residential District (MR-2). Subdivision 1. Subsections 521.59 to 521.77 apply to the MR-2 District. Subd. 2. Purposes. The purposes of the MR-2 District are to: a) reserve appropriately located areas for multi-family dwellings; b) preserve as many as possible of the desirable characteristics of the single family district while permitting higher population densities; c) provide opportunities for infill cluster housing development and allow rg eater intensities and wider varieties in the types of housing; available to City residents: edd) ensure adequate light, air, privacy, and open space for each dwelling unit; de) 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; efl provide adequate space for off-street parking and loading; and €g) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 521.61. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-2 District. Subd. 2. Multi-family dwellings (excluding tewnhousescluster home developments) with eight or fewer units. Subd. , eede Subd. 43. Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they are not located within 1/4 mile of another such facility, except as provided for in Section 521.65, Subd. 3 of this code. 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. Subd. 54. Minor public utilities. 521.65. 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 546.05 of this code. Subd. 2. Multi-family dwellings with nine to 25 units. 0 a? 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) the number and location of driveways and curb cuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses, d) the density of the development shall not exceed the density recommended in the Comprehensive Land Use Plan. Subd. 34. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR-2 District shall be subject to the same zoning regulations as multi-family dwellings in the R-1 District. Subd. 45. Accessory day care facilities serving more than three persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities are located in common areas of multi-family buildings and the following conditions are met: a) designated pick-up and drop-off areas shall be located on the site; and b) outdoor play areas shall be set back at least 15 feet from all lot lines and buffering shall be provided to mitigate noise and adverse visual impacts on neighboring properties. Subd. 36. Accessory foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 67. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. -78. Major public utilities. Subd. 89. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 521.67. Minimum lot area, floor area, and parking requirements for multi-family dwellings (excluding townhouses cluster home developments). Subdivision 1. Standards. The standards set out in this subsection apply to apartments and condominiums in the MR-2 District. Subd. 2. Minimum lot size: 15,000 square feet. Subd. 3. Minimum lot area: 2,500 square feet per unit, adjusted as follows: 0 9-C )y 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. Subd. 4. Minimum floor areas: a) Efficiency - 400 square feet per unit. 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. Subd. 5. 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 1.5 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. 521.69. Minimum lot area, fl°°-- area, and Parr ne r for townhouses cluster home developments. Subdivision 1. Standards. The standards set out in this subsection apply to tewnheusescluster home developments an ether- aRae a dwelling . rAs of ° ...,'°r wWar-° in the MR-2 District. Subd. 2. Minimum lot area: a) Three unit structure: 4-WO- 3,500 square feet per unit. b) Four unit structure: A8 3,000 square feet per unit. c) Five or six more unit structure: ,3-,OOO 2.500 square feet per unit. Subd. 3. Minimum floor areas: a) One-bedroom - 650 square feet per unit. b) Two-bedroom - 850 square feet per unit. c) Three or more bedrooms - 1,000 square feet per unit. Subd. 4. Maximum building height: 35 feet. 0 Subd. 5. Minimum lot width: 60 feet. S aq Subd. 6. Maximum lot coverage (principal structure): 35 percent. Subd. 7. Outdoor open space requirements: a) Two or fewer bedrooms: 325 square feet minimum per dwelling unit. 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 requirements listed above. Subd. 8. Setback requirements: a) Front: 30 feet. b Side: (i) interior - 10 feet. (ii) streetside - 15 feet. cc) Rear: 25 feet. Is Subd. 9. Setback reductions: the setback requirements for cluster home developments may be reduced to 25 feet in the front, 5 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; bl 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 infrin eg s upon the setback, building orientation, minimized garage door dominance, or other similar features. Subd. 10. Landscaping requirements: Landscaping shall be accomplished in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development. Subd. 11. Minimum parking: 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 to not less than 1.5 parking spaces per unit after consideration of factors including but not limited to the present or future availability of transit services, shared 8-,3D parking pedestrian orientation, and occupancy characteristics. In addition, the Council may further reduce the parking requiremdnt for projects designed to serve seniors. 521.71. Requirements for all multi-family structures in the MR-2 District. Subdivision 1. Standards. The standards set out in this subsection apply to all-multi-family structures (' excluding cluster home developments). Subd. 2. Maximum building height: 35 feet. Subd. 3. Minimum lot width: 75 feet. Subd. 4. Maximum lot coverage (principal structure): 30 percent. Subd. 5. Outdoor open space requirements: . a) Two or fewer bedrooms: 325 square feet minimum per dwelling unit. 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. t Subd. 6. Minimum setback requirements: a) Front: 30 feet. b) Side: (i) interior - height of building or 20 feet, whichever is greater. (ii) streetside - 30 feet. c) Rear: height of building or 25 feet, whichever is greater. Subd. 7. Buffering shall be accomplished in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development. Subd. 8. Parking areas shall meet the standards set in the Richfield Parking Requirements, on file with the Office of Community Development. 521.77. Performance standards. Subdivision 1. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. No more than 20 percent of the dwelling units in any one building shall be efficiency dwelling units. S-31 Subd. 3. Developments other than cluster home developments with 10 or fewer units shall be constructed and maintained in accordance with the applicable performance standards set out in Section 541 of this code. Subd. 4. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. Passed by the City of Richfield, Minnesota this day of , 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk • 0 CLUSTER HOME DEVELOPMENTS SUMMARY Purpose: To provide opportunities for infill cluster housing development and allow wider varieties in the types of housing available to City residents, provided it is in harmony with the single family residential character of the residential district. To provide opportunities for cluster housing to serve as transitions in land use in keeping with the character of adjacent land uses at densities slightly higher than single family housing but less dense than multi-family housing. Zoning Districts: A cluster home development could be appropriate in a single family, two family or multiple residence district if the development is designed to be compatible with the surrounding neighborhood. The ordinance is written to direct this type of development to the appropriate areas. Conditional Uses: Cluster home developments would be conditional uses in the R, MR-1 and MR-2 districts. The conditions would include the following items: • design compatible with the surrounding neighborhood (items such as architectural design, scale and mass of the structure) • landscaping • parking (2 spaces/unit) • open space • minimized number of driveways and curb cuts Comprehensive Plan: The density of the development would follow the density identified in the Comprehensive Plan. The Comprehensive Plan contains a classification called high density single family attached housing (RSF-H). This classification is used in many commercial to residential transition areas, along arterial streets and in areas close to shopping and services. This classification permits a density between 5 and 12 units per acre. Single family residential neighborhoods not identified as RSF-H have a density of 5 units per acre or less. The following table compares the densities of various types of housing in Richfield. Single family block (> 10,000 sq. ft. lots) 217,800 16 3.2 Single family block (6,000 - 10,000 sq. ft. lots) 217,800 22 4.4 609 West 74th Street (to be built) 25,410 4 6.8 Coach Homes 312,376 92 12.8 7400-7500 Penn Avenue (walk-up apartments) 217,800 112 22.4 Lake Shore Drive Condominiums 180,074 178 42.9 *Note: calculation includes streets 3-3a ordinance research\thsummandoc 8-3'3 CLUSTER HOME DEVELOPMENTS SUMMARY- Definition: "Cluster home development" - A development of 3 or more detached one family dwellings or a row, group or cluster of attached one family dwellings. Dwelling units may be located on individual lots or on a lot in common. The maximum number of units in the R or MR-1 district would be 10 units. In the MR-2 district, the maximum number would be 15 units. Once a development reaches this size, it is more appropriate as a planned unit development. Setbacks and Flexibility: The setbacks of the zoning district would apply to the cluster housing development. The ordinance amendment provides some flexibility in the setbacks if certain criteria are met. Example: In the R District, the setbacks may be reduced to 25 feet in the front and 12 feet in the rear (reduced from 30 feet in the front and 25 feet in the rear) if certain criteria are met. The criteria include the following: • demonstrating that a superior design is achieved, • not creating any adverse effects on the surrounding neighborhood, and • minimizing the impact of the reduced setback by the use of features such as landscaping, limited number of building openings, building orientation or similar features. Example: The Choice Wood development at 609 West 74th Street has smaller setbacks. It also contains several elements of a "superior design". • Natural amenity: The units cluster around an interior courtyard. • Garage door dominance minimized: Only two of the four double garages are visible from the street. The presence of the two visible garages is also minimized. • Neighborhood compatibility: The roof line and windows suggest the "Richfield character". • Minimized impact: Fencing and landscaping minimize the impact on adjacent uses. Lot Size: The lot size would be similar to the current requirement for duplexes. Projects would need a minimum of 4,000 square feet per unit in the R and MR-1 districts (which would be at a density of approximately 8 units per acre, unless a lower density is required by the Comprehensive Plan). The size per unit in the MR-2 district would be slightly smaller and would vary depending on the size of the development. ordinance\research\thsummandoc CITY OF RICHFIELD, MINNESOTA Council Letter No. 293 Agenda September 9, 1996 Issue Statement: First reading of an ordinance amendment to the City Code, Section 426, and the Zoning Ordinance on commercial wireless telecommunication services towers and antennas and to Section 425 on accessory towers and antennas. Background: On June 24, 1996 the City Council passed a moratorium on the siting of commercial wireless telecommunication services (CWTS) towers and antennas and directed staff to study the issues and prepare an amendment to the City Code, if necessary. The telecommunications industry has experienced significant growth, changes in technology, and deregulation over the past several years. The increased demand for wireless telephone services is a part of this growth and change. Staff determined that the City's current ordinances do not adequately address the changes that have occurred in the industry and do not provide adequate provisions to respond to requests to locate CWTS towers and antennas. Industry representatives were consulted and ordinances from other communities were reviewed to develop the attached ordinance amendments. The goal of the ordinance is to facilitate improved communication services while minimizing the potential negative impact on the City by the communication infrastructure. The ordinance addresses the following issues: • Location • Encouraging the use of existing towers and buildings when possible • Setback from residential structures • Performance standards, including height, screening, lighting, design and color • Collocation of at least two users on a tower • Standards for accessory buildings and equipment • Abandonment provision • Health standards • Non-interference with Public Safety communications • Structural issues and permit requirements Some minor changes were made to Section 425 of the City Code which addresses accessory towers and antennas, including amateur radio towers. The 1995 revised Zoning Ordinance added some provisions relating to the screening and location of accessory towers and antennas. Those provisions and the changes proposed will be communicated to the public. Recommended Motion: Approve first reading of the attached ordinance; and set the public hearing and second reading for September 23, 1996. Basic of Recommendation: 1. Changes and growth in the telecommunications industry have led to increased demand for communication towers and antennas, and standards are needed to guide the location of these towers and antennas. 2. The City's current City Code and Zoning Ordinance do not allow for an adequate response to requests to locate towers and antennas in the City. 3. Ordinances from other cities have been reviewed and information and feedback has been solicited from industry representatives in the development of the proposed ordinance. 4. The moratorium on the development of towers and antennas will end on October 1, 1996. It would be appropriate to have regulations approved before the end of the moratorium and extend the moratorium until the ordinance becomes effective. 5. The City Council discussed regulation of this business with the Planning Commission at the August 5, 1996 study session. 6. On August 27, 1996 the Planning Commission voted unanimously to recommend approval of the ordinance amendment. Alternative Recommendation: 1. Deny this amendment at first reading. 2. Request further study of the ordinance by the Planning Commission and extend the development moratorium for an additional 60 days. Discussion/Decision Mode: First reading is set for September 9, 1996. If approved, a public hearing and second reading will be scheduled on September 23, 1996. Respe ully submitted, Jame . Prosser City Manager JDP:cak 0 _C? Bill No. 1996- Amendment to the City Code of the City of Richfield The City of Richfield Does Ordain: Section 1. Section 425 of the Richfield City Code is amended to read as follows: Section 425 - Accessory Aantennaes and towers. 425.01. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Antenna" means equipment located on the exterior of or outside of a building or structure used for transmitting or receiving radio, television or telecommunications signals. Subd. 3. "Tower" means a pole, spire, or structure or any combination thereof to which an antenna is attached including supporting lines, wires and braces. Subd. 4. "Satellite antenna" means a structure and all supporting apparatus which is used for receiving satellite signals: if the structure is roofmounted and exceeds ten feet in height above the highest point of the roof, it is considered a roof-mounted antenna: if the structure is ground-mounted it is considered an accessory building. 425.03. General rule. Except as otherwise provided in this section, no antenna or tower may be erected, constructed, placed, re-erected or replaced in a residential-zoning district of the city except in conformance with this section. 425.05. Permits. Subdivision 1. Required. Except as provided in subdivision 3, no person may erect, construct, place, re-erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re-erection, reconstruction or replacement will not create a safety hazard or damage to the property of other persons. Subd. 3. Exceptions. Permits are not required for: (a) an antenna or combination of antennae and tower rigidly attached to a building provided that the combination of antenna and tower does not exceed a total height of ten feet above the highest point of attachment; (b) antennae and towers used by the city for city purposes; (c) adjustment, repair or replacement of the elements of an antenna, provided such adjustment repair or replacement does not reduce the safety factor; (d) temporary antennae or towers erected for test purposes, emergency communication, or for broadcast remote pick up operations: temporary antennae and towers shall be removed within 72 hours following installation. 425.07. Location. Subdivision 1. Sideyards. A tower or antenna or combination thereof may not be located in any front yard or side yard except that towers or antennae rigidly attached to the side of the building may project into a required interior side yard provided they are at least four feet from an interior side property line. ?-3 • Subd. 2. Satellite antennae. Groundbased satellite antennae are permitted only in the rear yard and, for purposes of the zoning code, are accessory buildings. The structures are subject to the requirements for accessory buildings listed in the zoning code. Subd. 3. Extension into streets. No part of any antenna or tower nor any lines, cable, equipment or wires, or braces in connection with either shall at any time extend across or over any part of any public right-of- way, streets, highways, sidewalk or alleys or over any property line. 425.09. Height. The total height of any tower, antenna or combination thereof shall not exceed 70 feet from the lowest grade level at the base to the highest point of tower, antenna or combination thereof. The total height of roof mounted towers, antennae or combination thereof may not exceed 70 feet above the average elevation of the lot along the front building line of the building it is mounted on. 425.11. Performance Standards. Subdivision 1. These performance standards apply to any accessory tower, antenna or satellite antenna that is erected, constructed, placed, re-erected or replaced in any zoning district in the city. Subd. 2 Signage. No advertising message shall be on the tower or antenna structure. Subd. 3. Screening. Such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding _properties. Screening plans shall be approved by the Community Development Director. Subd. 4. Number. If more than one such structure is proposed on a lot, they shall be clustered in a single grouRed location where possible. 0 Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 425.1+3. Construction. Subdivision 1. Wind. Towers with antenna shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be treated wood in conformance with the building code. Subd. 3. Grounding. Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the national electrical code. Subd. 4. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 5. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, except during time of repair or installation, any lights, reflectors, flashers or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon or attached thereto, any platform, catwalk, crow's nest or like structure, except during periods of construction or repair. 425.135. Non-conforming installations. Subdivision 1. General rule. Antenna and towers in existence on January 18, 1986 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be replaced or structurally altered except as provided in subdivision 2 without complying with this section. is • Subd. 2. Replacement. If a non-conforming tower is damaged or destroyed the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with these regulations, provided, however, that the cost or repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality. 425.15. Variances. The council may grant variances to the literal provisions of this eSections 425.07. 425.09, and 425.11 in the same manner and subject to the same requirements that apply to variances granted under section 5436 of the zoning code. 0 • Section 2. The Richfield City Code is amended by adding a new section to read as follows: Section 426 - Public Commercial Wireless Telecommunication Services Antennas and Towers 426.01. Purpose. Subdivision 1. The purpose of this ordinance is to provide for the safe installation and usage of public commercial wireless telecommunication services (CWTS) towers and antennas. The provisions of this section are intended to protect the health, safety and general welfare of the community, while providing for well designed and efficient telecommunications systems. The provisions are intended to minimize the adverse visual effects of towers through careful design and siting standards, to avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements, and to maximize the use of existing towers and buildings to accommodate antennas and reduce the number of towers needed to serve the community. 426.03. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Commercial Wireless Telecommunication Services" means any licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced gRecialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. Subd. 3. "CWTS Antenna" means any structure or device which transmits and receives electromagnetic waves, including but not limited to directional antennas such as panels, microwave dishes, satellite dishes, an d omni-directional antennas. Subd. 4. "CWTS Tower" means any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of provide CWTS to the public. 426.05. Location. Subdivision 1. The requirements in this subsection apply to CWTS towers and antennas erected, constructed, placed, re-erected or replaced in the City_ Subd. 2. CWTS towers and related equipment shall be allowed in the following zoning districts with a conditional use permit: a) C-2, C-3, and I districts: b) R district on church (when camouflaged as steeples or bell towers or other suitable features), park, government, school, utility and institutional sites: and c) Planned unit development districts as approved in the final development plan. Subd. 3. CWTS towers and related equipment in the C-2 C-3 and I districts shall be allowed in the rear yard and in an interior side yard provided that the side yard property line abuts another commercially or industrially zoned property. Subd. 4. CWTS towers and related equipment in the R district, as conditionally _permitted in Subd. 2 (b), shall be allowed only in the rear years. Subd. 4. CWTS antennas shall be allowed as an accessory use in the following zoning districts: a) MR-3, C-1, C-2, C-3 and I districts: b) R district on church (when camouflaged as steeples, bell towers, light fixtures or other suitable features), park, government, school, utility and institutional sites; an d 0 c) Planned unit development districts with administrative approval by the Community Development Director. -7-( 426.07. CWTS Tower Performance Standards. Subdivision 1. These performance standards apply to any CWTS tower that is erected, constructed, placed, re-erected or replaced in any zoning district in the city. Subd. 2. Minimum setback requirements: a) Towers in the C-2. C-3 and I districts shall meet the setback requirements for an accessory structure for the underlying district. b) Towers in the R district shall meet the setback requirements for a non-residential accessory structure for the underlying district. c) In addition to the setback requirements in Section 426.07. Subd. 2 (a) and (b), towers in all zoning districts shall have a setback from residential uses a distance equal to 1.5 times the height of the tower. d) The City Council, at its discretion, may reduce the required setback 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. 3. Height. The maximum height of a tower, including all antennas and other attachments, shall not exceed 150 feet. Subd. 4. Sienage. No signage is permitted_ on a tower except applicable warning and eauinment information sip age required by the manufacture or by federal, state or local authorities. Subd. 5. Lighting. Towers and related antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the towers, light fixtures used to illuminate ball fields parking lots, or similar areas may be attached to the tower. Subd. 6. Design Requirements. Proposed or modified towers shall meet the following design requirements: a) Towers shall be of a neutral color and designed to minimize visibility and blend into the surrounding environment except in cases where color is dictated by the Federal Aviation Administration or other federal or state authority. b) Towers shall be of a monopole design unless the City Council, at its discretion, approves an alternative design. Subd. 7. Co-location. All towers shall comply with the following requirements: a) If a tower exceeds 75 feet in height, the tower shall be designed to structurally accommodate the owner's antennas and at least one additional user unless the additional height required for an additional user is prohibited by the Federal Aviation Administration. The conditional use permit application should include technical information demonstrating that the tower can accommodate a second user b) Shared use of existing towers or structures shall be preferred to the construction of a new tower. A proposal for a new telecommunications 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 on a building over 75 feet in height within a one-half mile search radius. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing tower or structure due to one or more of the following reasons: -7--7 0 (i) the unwillingness of the owner of the existing structure' or tower to co-locate an additional antenna, (ii) the planned antenna would exceed the structural capacity of existing and approved towers and facilities: (iii) the planned antenna would cause radio fr equency interference with other existing or planned equipment, which cannot reasonably be prevented: (iv) other reasons affecting technical performance, system coverage, and system capacity make it impractical to place the equipment proposed on existing structures or towers: and/or (v) other unforeseen reasons that make it unfeasible to locate the planned equipment on an existing or approved tower or building. 426.09. CWTS Antenna Performance Standards. Subdivision _1._ _ These performance standards apply all CWTS antennas that are erected, constructed, placed, re-erected or replaced in any zoning district in the cites Subd. 2. Height. The maximum height of an antenna is 15 feet without a conditional use permit. Subd. 3. Signage. No advertising message shall be on the antenna structure. Subd. 4. Screening. Such structures shall be screened from adjacent residential uses and street rights-of way. Screening shall include materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Community Development Director. Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 426.11. Accessory Buildings and Equipment. All buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements in Section 426.07, Subd. 2. Ground mounted equipment shall be screened from view by vegetation or other means of screening as approved by the Community Development Director. 426.13. Abandonment. All obsolete or unused towers and related antennas and equipment shall be removed within twelve months of the cessation of operations, unless a time extension is approved by the City Council. If a time extension is not approved and the tower is not removed within twelve months, the tower may be deemed a nuisance pursuant to Section 925 of the City Code. In the event a tower is determined to be a nuisance, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property: 426.15. Interference. All new or existing telecommunications service shall comply with all relevant Federal Communication Commission standards and shall not interfere with public safety and other city telecommunications. At the discretion of the Director of Public Safety, the owner of a telecommunications service may be required to submit an inter-modulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. 426.17. Health-Related Standards. Antennas placed upon a tower shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the City Council. Section 426.19. Support of Public Warning Systems. Telecommunications operators that utilize towers that are erected after the effective date of this ordinance shall participate in the Emergency Alert System (EAS) as defined by FCC Rules and Regulations, Part 11, by broadcasting warnings of severe weather and other life threatening -7,3 • emergencies to users of personal communications equipment served by the tower. Telecommunications opefators may be exempt from the requirements of this subdivision under the following circumstances: a) The telecommunications operator demonstrates that participation in EAS is not technologically feasible: b) The telecommunications operator is unable to acquire any FCC waivers or exemption from licensing or other regulations that would prohibit participation in EAS: or c) The state or regional EAS planning committees determine that participation in EAS by the telecommunications operator is not necessary_ 426.21. Permits. Subdivision 1. Required. Except as provided in subdivision 3, no person may erect, construct, place, re-erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re-erection, reconstruction or replacement will not create a safety hazard or damage to the property of other persons. In addition, the applicant shall submit a copy of the lease agreement between the applicant and the property owner. Subd. 3. Certification. Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and the Electronics Industry Association. Subd. 4. Exceptions. Permits are not required for the adiustment, repair or replacement of elements of the antenna, provided such adjustment repair or replacement does not reduce the safety factor. • 426.23. Construction. Subdivision 1. Wind. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Towers shall be constructed of, or treated with, corrosive resistant material. Subd. 3. Grounding. Antennas and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the national electrical code. Subd. 4. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 5. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, any catwalk, crow's nest or like structure, except during periods of construction or repair. 426.25. Non-conforming installations. Subdivision 1. General rule. Antenna and towers in existence on November 1, 1996 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be replaced or structurally altered except as provided in subdivision 2 without complyL*ng with this section. Subd. 2. Replacement. If a non-conforming tower or antenna is damaged or destroyed the tower or antenna may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complving with these regulations, provided, however, that the cost or repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality. 426.27. Variances. The council may grant variances to the literal provisions of Sections 426.05, subd. 2, 426.07, and 426.09 in the same manner and subject to the same requirements that apply to variances g ted under section 5436 of the zoning code. Section 3. Section 521 of Appendix B to the Richfield City Code entitled "Zoning: Residential Districts" is amended by amending Section 521.05, Subds. 5, 11 and 13; Section 521.07, Subds. 8, 9 and 10; Section 521.83, Subds. 9 and 10; and Section 521.85, Subds. 6, 7 and 8 to read as follows: 521.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the R District. Subd. 2. Private garages which do not exceed 1,000 square feet in gross floor area, and which 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. Subd. 3. Greenhouses which do not exceed 175 square feet in gross floor area, and which 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 further provided that no sale of products is conducted on the lot. Subd. 4. Storage buildings which do not exceed 175 square feet in gross floor area, and which 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. Subd. 5. Utility buildings and structures accessory _to_ telecommunications towers and antennas which do not exceed 350 square feet in gross floor area and which comply with the setback requirements for a non-residential accessory structure in the R district. Subd. 56. Gazebos which do not exceed 175 square feet in gross floor area, and which 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. Subd. 67. Carports which 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. Subd. -78. Private swimming pools as defined in Section 420 of the City Code, provided that such swimming pools and related equipment be located (i) at least ten feet from any rear lot line, (ii) at least ten feet from any interior side lot line, (iii) at least 15 feet from any streetside side lot line, and (iv) at least six feet from the principal building and any non-pool related accessory structure. Subd. 89. Licensed day care facilities serving 12 or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer persons, or as otherwise permitted by law. Subd. 910. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 101. Private driveways, parking areas, and sidewalks for residential uses, provided the following conditions are met: .7-1o a) all such driveways, parking 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; b) all such driveways, parking areas, and sidewalks shall be constructed with concrete, asphalt, concrete pavers, brick set in compacted sand, or other material approved by the Director; c) unless the Director authorizes a greater amount for landscape purposes, the maximum impervious surface coverage within the front yard area shall comply with the following table: Lot Width Maximum Impervious Coverage Within the Front Yard Area 50 feet or less: 50% 51-60 feet: 48% 61-70 feet: 46% 71-80 feet: 44% over 80 feet: 42% d) within the front yard area, no more than three parking spaces shall be permitted -- the area between each garage stall and the street shall count as one parking space; e) driveways, where located within the boulevard, are subject to the following requirements: (i) they shall not exceed 22 feet in width (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 LI (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. f) driveways, parking areas, and sidewalks legally existing on or before December 31, 1993, may continue to exist and to be repaired and maintained, except that upon full replacement, such driveway, parking area, or sidewalk shall comply with this subdivision; and g) any expansion or installation of a driveway, parking area, or sidewalk on a lot shall be subject to a City permit. Subd. 142. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises (not including those antennas and towers owned and operated by a telecommunications company) provided that they conform to Section 425 of the City Code and that they do and meet the figliewing additional . e) seek struetures shall be ser-eened to the greatest ement praetieable to eempatible with these wilized eft the emefier of the building for r-eef. Di arA d-)-such of mounted st-eetures °`•°" not extend higher than fifteen ten feet above the highest point of the rea from the antenna or related structure's point of contact with the ground or rooftop to the highest point of the antenna, except as provided for in Section 521.07, Subd. 8 of this code. Subd. 13. Commercial Wireless Telecommunication Service (CWTS) antennas and related features, the use of which is not incidental to the principal use, provided that they meet the following requirements: a) they conform to Section 426 of the City Code, b) they are located in the followiniz residentiallv zoned locations: church (when camouflaged as steeples, bell towers or other suitable features), park, government, school, utility and institutional sites: c) they are located on the rooftop or near the roof-line: and d) they do not extend higher than fifteen feet from the antenna or related structure's point of contact with the ground or rooftop to the highest Qoint of the antenna _ except as provided for in Section 521.07. Subd. 9 of this code. Subd. 134. The accommodation of one roomer in addition to the family, provided that: (i) the roomer plus the family shall not exceed a total of five persons; (ii) such 3--t c. Subd. 135. Home occupations which are operated in accordance with Section 511.21 of this code. Subd. 146. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 157. Gardening, provided no sale of products is conducted on the lot. Subd. 168. Parking for non-residential principal uses (e.g., schools or churches), as authorized by a Council approved off-street parking permit. Subd. 179. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 521.07. 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 546.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the R District shall be subject to the same zoning regulations as single family dwellings in the R District. Subd. 3. Accessory day care facilities serving more than 12 persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than 14 persons, or as otherwise permitted by law, provided such facilities are located in non- residential buildings (e.g., schools or churches) and the following conditions are met: a) parking lot setback and screening shall comply with the Richfield Landscape Requirements, on file with the Office of Community Development; 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. 4. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 5. Private non-commercial recreational facilities as a principal use. Subd. 6. Two family dwellings, provided the following conditions are met: a) the lot shall abut an arterial or collector street; b) the lot area, width, and depth shall comply with Section 521.09, Subd. 2 of this code; 1,13 b) the lot area, width, and depth shall comply with Section 521.09, 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) driveway access to the property from public streets shall be allowed in accordance with Section 521.05, Subd. 10, paragraph e), item (iv); 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 a two 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 521.11, except that a single family dwelling which does not meet the required two family interior side setback may be converted into a two-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two family dwelling requirements. Subd. 7. Bed and breakfast inns, provided the following conditions are met: 0 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 a single 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. 8. Accessory roof-mounted antennas which extend higher than " fifteen feet above the highest point of the roof from the antenna or related structure's point of contact with the ground or_rooftov to the highest point of the antenna (not including those antennas that are owned and operated by a telecommunications company), provided that they conform to Section 425 of the City Code. Subd. 9. CWTS antennas and related features which extend higher than 15 feet from the antenna or related structure's point of contact with the ground or rooftop to the highest point of the antenna, provided that they conform to the requirements of Section 426 of the City Code. -/ q Subd. 10 CWTS towers and related features. provided that they conform to Section 426 of the City Code and that they are located in the following residentially zoned locations: church (when camouflaged as steeples, bell towers or other suitable features). park. government, school. utility and institutional sites. Subd. 911. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) pick-up and drop-off areas shall be designed to enhance vehicular and pedestrian safety; b) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and d) lighted playing fields shall be permitted only upon demonstration that off- site impacts can be substantially mitigated. Subd. 102. 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 Richfield Landscape Requirements, on file with the Office of Community Development; c) the use shall abut an arterial or collector street and access shall be achieved without conducting significant traffic on local residential streets; and d) any crematory shall be set back not less than 600 feet from any lot line. Subd. 1+3. Religious institutions and related convents or parsonages, provided the following conditions are met: a) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and b) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 124. 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 10 17-i6 b) meals for those served by the shelter shall be prepared in a kitchen approved for commercial use. Subd. 135. Major public utilities. Subd. 146. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. is • /)-/(0 521.83. Accessory. Subdivision 1. The uses permitted in this subsection are allowable accessory uses in the MR-3 District. Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. Garages for any residential structure, provided they are located in a common building or space approved by the City under a uniform plan. 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. Licensed family day care homes serving three or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving six or fewer persons, or as otherwise permitted by law. Subd. 8. Licensed foster family homes serving three or fewer children, or as otherwise permitted by law. Subd. 9. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and fneet the fellewing additional . eem tibl A th tili d th - f h b ildi f t i e pa e w ese u ze on e ex or e t e u ng or. r-e er Dir-eeter that they do not extend higher than fifteen ten feet above the highest point of the from the antenna's or related structure's point of contact with the ground or rooftop to the highest point of the antenna, except as provided for in Section 521.85, Subd. 76 of this code. /? I? Subd. 10. Commercial Wireless Telecommunication Services (CWTS) Aantennas and related features that are ewne4 and operated by a teleeeniffninieatiens , the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof-line, sereened fref messages, publie view to the extent possible, 4a not earry a4yeftising and do not extend higher than ten fifteen feet abe-ye the highest point of the ree from the antenna's or related structure's point of contact with the ground or rooftop to the highest point of the antenna, except as provided for in Section 521.85, Subd. 7 of this code. Subd. 11. Home occupations which are operated in accordance with Section 511.21 of this code. Subd. 12. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 13. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 521.85. 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 546.05 of this code. is Subd. 2. Multi-family dwellings with more than 20 units. Subd. 3. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR-3 District shall be subject to the same zoning regulations as two family dwellings in the MR-3 District. Subd. 4. Accessory day care facilities serving more than three persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities are located in common areas of multi-family buildings and the following conditions are met: a) designated pick-up and drop-off areas shall be located on the site; and b) outdoor play areas shall be set back at least 15 feet from all lot lines and buffering shall be provided to mitigate noise and adverse visual impacts on neighboring properties. Subd. 5. Accessory foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 6. Accessory Rroof-mounted antennas which extend higher than tea-fifteen feet above the highest point of the ree from the antenna's or related structure's point of contact with the ground or rooftop to the highest point of the antenna, provided that they conform to Section 425 of the City Cod . ?-/S Subd. 7. CWTS antennas and related features which extend hither than 15 feet from the antenna's or related structure's point of contact with the ground or rooftop to th e highest point of the antenna, provided that they conform to the requirements of Section 426 of the City Code. Subd. 8. CWTS towers and related features, provided that they conform to Section 426 of the City Code. Subd. -79. Major public utilities. Subd. 810. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. is -?-f 5 Section 4. Section 526 of Appendix B to the Richfield City Code entitled "Zoning: Commercial Districts" is amended by amending Section 526.05, Subds. 6 and 7; Section 526.07, Subds. 9 and 10; Section 526.25, Subds. 5 and 6; and Section 526.27, Subds. 26, 27 and 28 to read as follows: 526.05. Accessory uses. 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. Subd. 3. Parking, as authorized by a Council approved off-street parking permit. Subd. 4. Assembly or warehouse operations 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. 5. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building unless provided for under Section 526.07, Subd. 6. Subd. 6. Accessory Ssatellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and . 0 single greeped leeatieft where possible; Direeter; ate that they do not extend higher than ten fifteen feet abeve the highest point of the ree from the antenna or related structure's point of contact with the ground or rooftop to the highest point of the antenna, except as provided for in Section 526.07, Subd. 9 of this code. Subd. 7. Commercial Wireless Telecommunication Services (CWTS) antennas and related features, the use of which is not incidental to the principal use, provided that they conform to Section 426 of the City Code, are located on the rooftop or near the roof-line, screened from public view to the extent possible, and do not extend higher than fifteen feet from the antenna or related structure's point of contact with the ground or rooftop to the highest point of the antenna, except as provided for in Section 526.07, Subd. 10 of this code. ?-o-)-D Subd. 89. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 526.07. 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 546.05 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 526.09) with over 2,500 square feet of gross floor area, provided the Council finds that the use is designed specifically to serve the residents of the neighborhood area. Subd. 4. Class II (traditional/cafeteria) restaurants and Class IV (take out only) restaurants, provided the following conditions are met: a) the gross floor area of the restaurant shall not exceed 2,000 square feet; b) drive-up window service and exterior loudspeakers shall not be permitted; c) alcoholic beverages shall not be served; and d) no more than two such restaurant uses shall be provided within a neighborhood shopping center or similar multi-tenant development. Subd. 5. Automobile detailing establishments licensed under Section 1195 of the City Code. Subd. 6. Apartments within commercial buildings which exceed 50 percent of the gross floor area. Subd. 7. Licensed day care facilities, provided the following conditions are met: a) pick-up and drop-off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements; b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on any abutting residential parcels; and c) such facilities shall obtain all applicable state, county, and city licenses. 0 c) such facilities shall obtain all applicable state, county, and city licenses. Subd. 8. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 521.59 of this code. Subd. 9. Accessory Rroof-mounted antennas which extend higher than ten fifteen feet above the highest point of the "4 from the antenna or related structure's point of contact with the ground or rooftop to the highest point of the antenna. provided that they conform to Section 425 of the CiV Code. Subd. 10. CWTS antennas and related features which extend higher than fifteen feet from the antenna or related structure's point of contact with the ground or rooftop to the highest point of the antenna, provided that they conform to Section 426 of the City Code. Subd. 191. Major public utilities. 0 0 "7-(:)a 526.25. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the C-2 District. Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. 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. 4. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building unless provided for under Section 526.27, Subd. 24. Subd. 5,. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the lot, provided that they conform to Section 425 of the City Code and that thev do not extend higher than " fifteen feet above the highest point from the antenna's point of contact with the around or rooftop to the highest point of the antenna, except as provided for in Section 526.27, Subd. 26 of this code. Subd. 6. Commercial Wireless Telecommunication Services (CWTS) Agntennas and related features that are owned and opefated by a teleeewAftnieatiefts , the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof-line, sereene ffe , and do not extend higher than ten fifteen feet above the highest peint of the fee from the antenna's point of contact with the ground or rooftop to the highest point of the antenna, except as provided for in Section 526.27, Subd. 267 of this code. Subd. 7. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 8. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. -7-Q? 526.27. 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 546.05 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 by staff (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. Subd. 6. Uses which provide drive-up window or teller service, (excluding Class III restaurants) provided the following conditions are met: a) a buffer yard of not less than 20 feet in width shall be provided to separate drive-up facilities and related queuing areas from any lot line -- if the drive- up facility or queuing area abuts a commercial use or public right-of-way, the Council may reduce the buffer yard to not less than 10 feet; b) 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; c) alcoholic beverages shall not be served; and d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code. Subd. 7. Class I (full service) restaurants and Class II (traditional/cafeteria) restaurants, provided the following conditions are met: a) 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 -- the Council may reduce this requirement to not less than 15 feet if. significant additional landscaping and berming are provided to screen the restaurant use; and -7-04 b) alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. Subd. 8. Class III (fast food/convenience/drive-in) restaurants, provided the following conditions are met: a) a buffer yard of not less than 30 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 20 feet if significant additional landscaping and berming are provided to screen the restaurant use; b) queuing space for at least four cars (70 feet) shall be provided, as measured from but not including the order station -- such queuing space shall not interfere with parking spaces or traffic circulation; c) any drive-up service window, exterior order station, or exterior loudspeaker shall be located at least 150 feet from any residential parcel; d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code; e) the applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; and • f) alcoholic beverages shall not be served Subd. 9. Hotels/motels, provided the following conditions are met: a) a buffer yard of not less than 35 feet in width shall be provided to separate all aspects of such use from abutting residential parcels -- the Council may reduce this requirement to not less than 25 feet if significant additional landscaping and berming are provided to screen the hotel/motel use; and b) access to the site shall be only from arterial or collector streets. Subd. 10. 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. 11. Auto or boat sales/lease lots, 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 which merely adjoins the use site at one corner shall not be deemed to abut the use site; -7-aS • 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; d) landscaping for the site, including display areas, shall meet the City of Richfield Landscape Requirements, on file with the Office of Community Development; e) inoperable vehicles shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; f) parking of vehicles on public right-of-way shall be prohibited; g) 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 h) any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code. Subd. 12. Service stations, service station/convenience stores, and conversion of a service station to a service station/convenience store, provided the following conditions are met: • a) the business shall be subject to the provisions of Section 1150 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 which merely adjoins the use site at one corner shall not be deemed to abut the use site; c) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; d) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from abutting parcels; e) vehicles which are waiting for repair shall be stored in appropriately designed and screened areas as approved by the City; f) parking of vehicles on public right-of-way shall be prohibited; g) 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; h) the minimum frontage on any street shall be 120 feet and the minimum area • of the site shall be 12,000 square feet; 7-a(o • i) any exterior speaker shall comply with the noise control limits set by Section 930 of the City Code; j) 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; k) pump islands shall be located not less than 20 feet from any property line; 1) 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. of the following day; and m) 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. 13. Automobile detailing establishments 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; -7-a77 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. Public-mechanical garages, provided the following conditions are met: a) 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; b) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; c) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from any abutting parcel; d) vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; • e) parking of vehicles on public right-of-way shall be prohibited; 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. of the following day; 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 windshield wiper fluid. Subd. 17. Public-auto body garages, provided the following conditions are met: a) the use site shall not abut a lot which is in the R, R-1, or MR-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; b) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; 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 which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City, .-7 -a9 e) parking of vehicles on public right-of-way shall be prohibited; 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. of the following day; and g) all repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building except minor maintenance such as tire inflation, and adding oil or wiper replacement. Subd. 18. Pawn operations, secondhand goods operations which require a license under Section 1186 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 1,000 feet from any school, church, daycare center, public library, or governmental building; b) such uses shall be located not less than 1,000 feet from any existing pawn operation, secondhand goods operation which requires a license under Section 1186 of the City Code, auction house, or consignment auction house; c) such uses shall be located not less than 250 feet from residentially zoned property; • d) such uses shall be screened, as approved by the City; e) the business operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit shall become effective; f) off-street parking requirement: (i) pawn operations and secondhand goods operations which require a license under Section 1186 of the City Code shall provide at least five parking spaces per 1,000 square feet of gross floor area or ten parking spaces, whichever is greater; and (ii) auction houses and consignment auction houses shall provide at least 35 parking spaces per 1,000 square feet of gross floor area or 70 parking spaces, whichever is greater. g) such uses shall be contained within a completely enclosed building, and no outside storage, display, or sale of merchandise shall be permitted; h) exterior loudspeakers or public address systems shall not be audible from any residential parcel; 0 1 _7'J / i) auction houses and consignment auction houses shall have designated on-site 0 loading and drop-off areas which are designed to avoid interfering with traffic and pedestrian movements; j) such uses shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. the following day; and k) such uses which were legally established on or before November 22, 1993 shall be classified as legal nonconforming uses, and subject to the provisions of Section 511.13 of this code. Subd. 19. Gun or ammunition sales/repair, 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; and d) such uses shall be located not less than 100 feet from residentially zoned property. • Subd. 20. Single family dwellings that comply with the R-1 District provisions and requirements, as set out in Section 521.17 of this code. Subd. 21. Two-family dwellings that comply with the MR-1 provisions and requirements, as set out in Section 521.37 of this code; and Subd. 22. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 521.59 of this code. Subd. 23. Cemeteries (may include mausoleums and crematories) that comply with the R District provisions and requirements, as set out in Section 521.07, Subd. 10 of this code. Subd. 24. Apartments within commercial buildings which exceed 50 percent of the gross floor area. Subd. 25. Licensed day care facilities, provided the following conditions are met: a) pick-up and drop-off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements; b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential property; and c) such facilities shall obtain all applicable state, county, and city licenses. 7-,30 Subd. 26. Accessory proof-mounted antennas which extend higher than fen fifteen feet above the highest point of the r-ee from the antenna's point of contact with the ground or rooftop to the highest point of the antenna, provided that they conform to Section 425 of the City Code. Subd. 27. CWTS antennas and related features which extend higher than fifteen feet from the antenna's point of contact with the ground or rooftop to the highest point of the antenna, provided that they conform to Section 426 of the City Code. Subd. 28. CWTS towers and related features, provided that they conform to Section 426 of the City Code. Subd. 2-79. Major public utilities. Subd. 3830. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. is 0 -7-3 Section 5. Section 531 of Appendix B to the Richfield City Code entitled "Zoning: Industrial District" is amended by amending Section 531.05, Subds. 4 and 5 and Section 531.07, Subds. 5, 6, and 7 to read as follows: 531.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the I District. Subd. 2. Parking, as authorized by a Council approved off-street parking permit. Subd. 3. Living quarters for security personnel, provided they are located within the principal structure. Subd. 4. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and . a)-if more than ene seeh stmetur-e is , they shall be eluster-ed in -a single grouped leeation where possible-,- that they do not extend higher than fen fifteen feet above the h4hest point of the , tiMess authorized by from the antenna's point of contact with the round or rooftop to the highest point of the antenna, except as provided for in Section 531.07. Subd. 5 of this code. Subd. 5. Commercial Wireless Telecommunication Services (CWTS) Aantennas and related features that afe owned and operated by a fe4eeer&-fianieatiens , the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof-line, sereefted from publie -view to the ement possible, do not earry advertising faess , and do not extend higher than fen fifteen feet above the highest point of the roof, except as provided for in Section 531.07, Subd. 6 of this code. Subd. 6. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 7. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. -7-3c), 531.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the I District, and are subject to the provisions outlined in Section 546.05 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 526.27, Subdivisions 4 through 29 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 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. Subd. 5. Accessory roof-mounted antennas which extend higher than fifteen feet from the antenna's point of contact with the ground or rooftop to the highest point of th e antenna, provided that they conform to Section 425 of the CiIy Code. Subd. 6. CWTS antennas and related features which extend higher than fifteen feet above the highest point of the roof, provided that they conform to Section 426 of th e City Code. Subd. 7. CWTS towers and related features, provided that they conform to Section 426 of the City Code_ Subd. 58. Other uses of the same general character as those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 7-33 Section 6. Section 536 of Appendix B to the Richfield City Code entitled "Zoning: Planned Unit Developments" is amended by amending Section 536. 11, Subds. 4 and 5 to read as follows: 536.11. PUD districts and allowable uses. Subdivision 1. Establishment of PUD districts. The following table denotes the six types of PUD districts, the abbreviations for such PUD districts, and the allowable uses within each PUD district: > ..... Planned Residential PR R & R-1 Planned Two Family Residential PMR-1 MR-1 Planned Multi-Family Residential PMR MR-l, MR-2, & MR-3 Planned Neighborhood Commercial PC-1 C-1 Planned General Commercial PC-2 C-2 & C-3 Planned Industrial PI I Subd. 2. PMR-1 density limitation. In the PMR-1 District, the density of two family dwellings shall not exceed ten dwelling units per acre. Subd. 3. Mixed land uses. Uses other than the allowable uses listed in Subd. 1 above, are permitted in a PUD district, provided that: a) the use is one which is authorized in one of the six types of PUD districts; b) such additional use shall not occupy more than 33 percent of the gross floor area within 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 district. Subd. 4. Accessory Uses. The following accessory uses shall be permitted subject to administrative approval from the Community Development Director if determined to be consistent with the planned unit development plan: a) accessory satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code: and b) Commercial Wireless Telecommunication Services (CWTS) antennas and related features, provided that they conform to Section 426 of the City Code. Subd. 5. AU applicant for administrative approval of an accessory use may appeal a denial by the Community Development Director to the City Council. 0 7-3? • Passed by the City Council of the City of Richfield, Minnesota this day of , 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk is TELECOMMUNICATION TOWERS AND ANTENNAS 7-35 ORDINANCE SUMMARY • • Existing Regulations: -- The zoning ordinance considers antennas owned by telecommunication companies to be accessory uses in the MR-3, C-2, and I districts. The antenna must be located on the roof top, cannot contain advertising, and is a conditional use if it's over 15 feet. -- Amateur radio towers are limited to a height of 70 feet and must be located in the rear yard. -- Satellite dishes are treated like accessory buildings unless they're on a roof top. They must be in the rear yard or on a roof top. -- Towers owned and operated by telecommunications companies are not conceived of or addressed by the ordinance. • Purpose of Proposed Ordinance: --Provisions to protect the health, safety and welfare of the community while providing for a well designed and efficient communications system. -- Minimize adverse visual effects, avoid potential damage to adjacent properties, maximize the use of existing towers and buildings. • Location for Towers and Antennas: -- Antennas permitted as accessory uses in the MR-3, C-1, C-2, C-3; and I districts • if no higher than 15 feet; conditional use if over 10 feet. -- Antennas permitted as accessory uses with approval from the Community Development Director in a PUD; amend PUD plan if over 15 feet. -- Antennas permitted as accessory uses in the R district if church (if camouflaged), park, government, school, utility or institutional site; conditional use if over 15 feet. -- Towers as conditional uses in C-2, C-3 and I districts -- Towers as conditional uses in the R district if church (if camouflaged), park, government, school, utility or institutional site Performance Standards for Towers: -- Setbacks in the C-2, C-3 and I districts the same as setbacks for an accessory structure (front=35', rear= 8', interior side=3', streetside=25'). -- Setbacks in the R district same as setbacks for a non-residential accessory structure (40', 10', 10', 30'). -- Additional setback from residential use (property line) of 1.5 times the height of the tower. -- The Council may reduce the setback to allow integration into an existing structure such as a church steeple or light fixture. -- Allowed only in the rear yard in residential district -- Allowed in the rear yard in commercial and industrial districts; allowed in interior side yard if adjacent to another commercial or industrial property i -- Maximum height of 150' 7-3 ? TELECOMMUNICATION TOWERS AND ANTENNAS ORDINANCE SUMMARY -- No signage -- No lighting unless required by FAA or if the tower is designed to be a light fixture. -- Neutral color (except when required by the FAA) -- Monopole design unless exception given by the Council • Collocation -- New towers over 75 feet must be designed to accommodate one additional user (unless height restriction by FAA). -- Applications for new towers must show why service can't be provided on an existing tower or building over 75 feet within a half mile radius of the proposed location. -- The Council must find one or more of the following reasons for the company not using an existing structure: unwillingness of structure/tower owner, would exceed structural capacity of existing structure, frequency interference, performance or system capacity would be affected. • Performance Standards for Antennas: -- Height up to 15 feet is accessory, over 15 feet is conditional use -- No signage -- Screening from street right-of-way and residential uses • -- If more than one antennas, clustered in a single location where possible -- No artificial lighting unless required by the FAA • Accessory Buildings/Equipment: -- Same rules apply as they would to any other accessory building -- Additional size allowed for a telecommunications accessory building in the R district, up to 350 square feet -- Architecturally designed to blend in with the surrounding environment. -- Ground mounted equipment must be screened with vegetation or other approved means of screening • Abandonment Provision: -- An abandoned tower may be declared a nuisance and removed by the City after use has been discontinued for 12 months • Health Standards: -- Must comply with federal health standards; if those change, must comply with new standards • Interference: -- Can't interfere with public safety communications, the Director of Public Safety may request an evaluation indicating that won't occur TELECOMMUNICATION TOWERS AND ANTENNAS ORDINANCE SUMMARY • Emergency Alert System: -- Require communications providers to participate in digital Emergency Alert System unless proven to be technically unfeasible or prohibited by the FCC • Structural Issues: -- All towers and antennas must obtain a permit from the building official -- Require copy of lease with property owner to be submitted -- Must conform to the building code, electrical code -- Towers must be certified by a licensed engineer that the tower complies • Amateur Radio Towers/Accessory Antennas: -- Minor changes to the existing ordinance -- Permitted in rear yards -- May be in the side yard if affixed to the building and four feet from the property line -- Comply with antenna performance standards, e.g. no lighting, signage -- Maximum height of 70 feet -- Need a permit if over 10 feet • E 3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 292 Agenda September 9, 1996 Issue Statement: Consideration of 1996 Revised/1997 Proposed budget resolutions adopting 1997 preliminary property tax levy, Truth in Taxation hearing dates and cancelling 1997 ad valorem levy for current special assessment bonds. Background:. As required by the Truth in Taxation legislation (MS 275.065) each "taxing authority" must certify its proposed property tax levy for payable year 1997 to the County Auditor on or before September 15, 1996. "Taxing authority" includes all counties, all school districts, all cities regardless of population, all towns and all special taxing districts. No local units of government are exempted from this requirement. In addition, each "taxing authority" must certify to their County Auditor the dates that have been selected for the Truth in Taxation hearings by September 15, 1996. The date for this hearing must not conflict with the hearing dates of the county or of the school district in which the "taxing authority" is located. This Truth in Taxation public hearing must be held between November 29 and December 20, 1996. • Before the City Council takes action on these issues, a presentation and discussion of the 1996 Revised/1997 Proposed budget and 1997 preliminary property tax levy occurs at a Special City Council meeting(s). To that end, two special, televised City Council meetings were held, pursuant to the City Charter, for this purpose. City staff presented the budget and proposed tax levy to the City Council in a round table format to facilitate discussion. This is similar to the budget presentation format that has been used in the past. In addition to the 1996 Revised/1997 Proposed budget and preliminary property tax levy, City staff is also recommending dates for this year's Truth in Taxation public hearings. It is recommended that this year's hearings be set for 7 p.m. Wednesday, December 4, 1996 with a continuation date of 7 p.m. Wednesday, December 11, 1996. As Council Members are aware, at these public hearings, the tax levy may be reduced from the preliminary tax levy, but not increased. All official action concerning the preliminary tax levy and setting dates for the Truth in Taxation hearings must be concluded before September 15, 1996. In addition to the proposed tax levy and Truth in Taxation public hearing dates, the County requests that the series of resolutions which cancel a portion of the ad valorem tax levy for current special assessment bonds be adopted with the preliminary levy • instead of with the final levy at the end of the Truth in Taxation hearings. This assists the County in updating its records in a more timely manner. • The City is canceling all of the 1997 ad valorem tax levies for current special assessment bonds; and therefore has no 1997 tax levy for special assessment debt. Recommended Motion: Receive the 1996 Revised/1997 Proposed budget and adopt the resolution establishing the 1997 preliminary property tax levy and proposed dates for the Truth in Taxation hearings and resolutions contained in the budget canceling special assessment levies. Basis of Recommendation: 1. The City Charter establishes September 1, 1996 as the last day for City staff to present a 1996 Revised/1997 Proposed budget to the City Council. While the Truth in Taxation statute has overridden the Charter process for budget adoption, City staff still follows the Charter provisions which are not in conflict with the Truth in Taxation statute. 2. Truth in Taxation timelines establish the process that must be followed to adopt a preliminary property tax levy. September 15 is the deadline for cities to submit a 1997 proposed property tax levy and Truth in Taxation hearing dates to the County Auditor. 3. The August 28 and September 4 Special Council meetings provided an informal setting to discuss the proposed budget and tax levy prior to the deadline for official City Council action. Alternative Recommendation: 1. The City Council could adopt either a greater or lesser 1997 preliminary property tax levy, 1996 Revised/1997 Proposed budget or select other allowable Truth in Taxation hearing dates. Discussion/Decision Mode: The September 9, 1996 City Council meeting is the last regular City Council meeting at which the 1997 proposed property tax levy and dates for the Truth in Taxation hearings may be adopted before the September 15, 1996 deadline. Respectfully submitted, J D. Prosser Ci anager 0 JDP:cak 6-a • RESOLUTION NO. RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 1997 WHEREAS, the Minnesota Truth in Taxation law provides for a proposed tax levy to be certified to the County Auditor by September 15, 1996, and then recertified before December 31, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The proposed budget for the City of Richfield for the year 1997 is hereby approved and adopted with appropriations for each of the departments to be as follows: General Fund Legislative Executive Administrative Services Community Development Public Safety Utility & Engineering Maintenance Services Recreation Services Transfers TOTAL GENERAL FUND $ 199,500 448,040 945,690 228,860 7,363,070 276,190 2,700,120 1,336,400 111,670 $13,609,540 2. The estimated gross revenue of the City of Richfield from all sources, including general ad valorem tax levies as hereinafter set forth for the year 1997 which are more fully detailed in the City Manager's official copy of the 1997 budget, are hereby found and determined to be as follows: TOTAL GENERAL FUND $13,609,540 3. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1996, payable in 1997 for the following purposes and in the following amounts: PURPOSE AMOUNT • GENERAL FUND $ 7,787,0902 6-3 Provision has been made in the General Fund for the payment of the City's contributory share to Public Employees' Retirement Association and the Fire Relief Association. All authorized levies for debt service will be canceled as there are sufficient funds available to pay 1997 principal and interest. See separate resolutions for the cancellation of the tax levies for debt service. 2 General Fund levy included all fiscal disparities distribution and HACA amounts. 4. The proposed budget for the Housing and Redevelopment Authority of Richfield for the year 1997 is hereby ratified and approved. There is hereby levied upon all taxable property in the City of Richfield a direct ad valorem tax in the year 1996, payable in 1997 for the following purposes: PURPOSE AMOUNT Housing and Redevelopment Authority, $153,900 Relocation Information Services and Assistance $ 15,300 5. A certified copy of this resolution shall be transmitted to the County Auditor. 6. The Truth in Taxation public hearings shall be set for 7:00 p.m. December 4, 1996 with a continuation hearing at 7:00 p.m. December 11 , 1996, if necessary. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 6-q 9 RESOLUTION NO. RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX LEVIES ON THE IMPROVEMENT BONDS OF 1980 WHEREAS, Resolution No. 6310 provided for the sale of $6,100,000 Improvement Bonds of 1980 and provided for taxes to be levied for the payment of principal and interest thereon; and WHEREAS, Resolution No. 6310 certified an ad valorem tax levy for 1997 of $485,000 for payment of principal and interest on the Improvement Bonds of 1980; and WHEREAS, it appears desirable to cancel certain ad valorem tax levies to be levied for 1997, due to substantial prepayment in previous years of special assessments and the investment return on these funds; and WHEREAS, there are presently funds available in the Improvement Bonds of 1980 Fund to pay current principal and interest on such bonds; and WHEREAS, the ad valorem tax levy requirement includes a 5 percent excess provision. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Richfield, Minnesota as follows: 1. That the amount levied in 1996, collectible in 1997 on Resolution No. 6310 in the amount of $485,000 is hereby canceled. 2. That a copy of this resolution shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996 Martin J. Kirsch, Mayor • ATTEST: Thomas P. Ferber, City Clerk 6-57 0 RESOLUTION NO. RESOLUTION AUTHORIZING CANCELLATION OF CERTAIN AD VALOREM TAX LEVIES ON IMPROVEMENT BONDS OF 1983 WHEREAS, Resolution No. 6842 provided for the sale of $825,000 General Obligation Improvement Bonds of 1983 and provided for taxes to be levied for the payment of principal and interest thereon; and WHEREAS, it appears desirable to cancel certain ad valorem tax levies to be levied for 1997, due to funds on hand from tax increments and the investment earnings thereon exceed the amount necessary to pay principal and interest on such bonds; and WHEREAS, the ad valorem tax levy requirement includes a 5 percent excess provision. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Richfield, Minnesota as follows: That the amount levied in 1996, collectible in 1997, on Resolution No. 6842 in the amount of $25,648 is hereby canceled. 0 2. That a copy of this resolution shall be sent to the Hennepin County Auditor. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 291 Agenda September 9, 1996 Issue Statement: Public hearing and second reading of an ordinance amendment designating snow emergencies and authorizing vehicles to be towed under certain conditions. Background: Public Safety and Community Services staff have reviewed ways to improve City response to snow removal. While Richfield street maintenance crews do an excellent job, they are hindered by vehicles which are not moved during snow events. The current ordinance provides that when three or more inches of snow falls, vehicles are to be removed from the street until plowed curb to curb. In addition, Richfield's current practice is to ticket these cars and place red tags on them indicating that they will be towed in 48 hours. As a result street crews cannot clear these areas for two days. By then, the build-up of ice and snow is difficult to remove. The reason for this practice is that current City ordinance provides only for vehicles to be towed that have been parked for over 48 hours. The other concern with the current ordinance is that it does not go into effect until 3" of snow has accumulated. The high standard of snow removal expected by City residents has dictated that crews routinely plow 2" to 2.9" snowfalls. This is confusing to residents because sometimes crews are plowing and there is no snow emergency while other times there is. A 2" ordinance would match plowing closer than the present 3" ordinance does. A 2" ordinance would also give people more advanced warning to move their cars. They will know earlier in the snowstorm that they are subject to the no parking ordinance and will have more time to respond. The new revision (amendment) being proposed will do the following: • Provide clarity of when a police officer can have a vehicle towed without waiting 48 hours. • Define snow emergency restrictions to include two or more inches of snowfall and/or a declaration of an emergency by the City Manager or designee. • Add public parking lots to the ordinance (previous ordinances do not address these lots with any clarity). Recommended Motion: Conduct the public hearing and second reading of the ordinance amending Section 1305.11 and 1305.13, regarding snow emergencies and the towing of vehicles under certain circumstances. 5-1 Basis of Recommendation: 1. Staff has discussed ways in which to improve Richfield's snow removal. While the actual work by City crews has been satisfactory, the current ordinance lacks the tools to assist in getting the job completed more efficiently. 2. The present ordinance is not consistent with the actual plowing practice. 3. The amendment being proposed provides a better system to assure that snow can be removed from City streets. It also eliminates the need for waiting 48 hours before a vehicle is towed under specific conditions, including snow emergencies. Alternative Recommendation: 1. Leave the current ordinance as is. This would not provide for more efficiency in snow removal. It would not, however, be a major hindrance. Staff would continue with the current practice. This would cause delays in removing snow in some areas if vehicles failed to move for several days. 2. Direct staff to revise the ordinance in some other fashion. Staff would not recommend the odd/even street concept that Minneapolis currently has. Staff believes that is too confusing to the residents. Discussion/Decision Mode: Conduct a public hearing and approve second reading of an ordinance amending Section 1305.11 and 1305.13, providing clearer definition of snow emergencies and specific reasons for the towing of vehicles in snow emergencies without waiting 48 hours and including public (City owned) parking lots in the definition. Respectfully submitted, James D. Prosser City Manager JDP:cak 0 J Attached is a re-formatted ordinance regarding the snow emergency amendment (Item #5, Council Letter No. 291, Agenda September 9, 1996). The substance of the ordinance has not significantly changed from the copy originally provided with the Council Letter. E BILL NO. AMENDMENT TO SECTION 1305. OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1305 of the ordinance code of the City of Richfield entitled "Parking and Traffic: General Rules" is hereby amended by the following: 1305.11 Impounding vehicles. Subdivision 1. General rule. A police officer may remove a vehicle from a street or highway or public parking lot to the nearest garage or other place of safety or storage or to a garage or place of safety or storage designated or maintained by the department of public safety, when anv vehicle is narked. abandoned or left standina in violation of the terms of this article, the same may be impounded in accordance with the terms of the motor vehicle impounding ordinances of the City at the cost and expense of the owner thereof. Subdivision 2. Notice required. When a police officer removes a vehicle from a street or highway or public parking lot and the officer knows or is able to ascertain from the registration records in the vehicle or on file with the motor vehicle registration authorities the name and address of the owner thereof, the officer shall promptly give, or cause to be given in writing to the owner of the fact of such removal and of the place to which such vehicle has been removed. In the event such vehicle is stored in a public garage or other public place of safety or storage, a copy of such notice shall be given to the proprietor of such garage or place. • Subdivision 5 When a vehicle may be impounded without prior notice A vehicle may be impounded with or without citation and without giving notice to its owner only under the following circumstances: (a) when the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic: or (b) when the vehicle is illegally p arke d in a truck, bus, fire lane taxi or other similar zone where parking is limited to desi gnated classes of v ehicles and where such vehicle is interferin g with the proper an d inte nded use of such z ones, or is parked where prohibited by law or by temporar y or permanent sians du rina certain hours, on designated days, or at all times: or (C) when the vehicle poses an immediate danger to the public safety: or (d) when the vehicle is parked in violation of snow emergency regulations: or (e) when the vehicle is a commercial vehicle unlawfully parked in an area used for residential purposes or zoned as a residence district: or (fl when the vehicle weighs or is registered for a weight in excess of the limits allowed on that surface: or (g) when a vehicle is permitted to remain on any street, highway or public parking lot in the same location for more than 48 hours in succession: or • (h) when a police officer or other agent authorized by the City of Richfield has probable cause to believe that the vehicle is stolen or lacks proper registration: or (i) when a police officer or other authorized agent has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve such evidence: or (j) when the person driving, operating or in physical control of the vehicle is taken into custody and the vehicle is impounded for safekeeping: or (k) when a police officer or other agent authorized by the City of Richfield has probably cause to believe that the owner, driver, operator, or person in physical control of the vehicle has failed to respond to five (5) or more citations for parking or traffic offenses: or (1) when the vehicle is parked in a handicap transfer zone when said vehicle does not properly display a handicapped parking permit Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. 1305.13 Snow removal. Subdivision 1. Snow emergengy parking restrictions. General rule- thFee . Gh 6new. No pemen may paFk eF leave standing any vehiGle removed 9F PIGWed to the rawb .After a snowfall of two inches or more and/or upon the declaration of a snow emergency by the City Manager or his designee, no person shall stop, stand, park or leave any vehicle or permit it to stand upon any street or highway. Lawful parking may be resumed on such streets or highways only after the snow has been removed or plowed curb to curb. 1305.14 Subdivision 1_. Removal of vehicles for street maintenance, snow removal. Whenever the City Manager or his designee shall find it necessary. for purposes of facilitating street maintenance operations. to include the removal of snow, ice or street wastes, repair or construction of any street, to move any vehicle standing on any street, a Dolice officer in the discharae of duties may cause such vehicle to be moved to the extent necessary for such 1urpos Subdivision 2. Definitions. As used herein, (a) "vehicle" shall mean everX device in, u pon or by which any pe rson or property is or may be transp orted or drawn upon a stree t or highway, except d evices moved by human power: (b) "street" or "highway" is the entire width betwe en boundary lines of any way or pla ce when any part thereof is op en to the use of the p ublic, as a matter of right. for purpos es of vehicular traffic: (c) "p ublic Darkina lots" are those Darkina lots owned and mainta ined by the City of Richfield. Subdivision 3. Declaration. Wh enever in the opinion of the City Manager or his desianee an emergency exists in the C ity, or in a section or sections thereof, because of snow, freezing rain, sleet, ice, snowdrifts or other natural phenomena which create, or are likely to create. hazardous r oad conditions impeding, or likely to impede, the free movement of fire, health, police, e mergency or other vehicular traffic, or the safety and welfare of the community. the C ity Manager or his designee may declare an emergency to exist for a period of seventy -two (72) hours, but such emergency may be sooner terminated if conditions permit. No tice of such emergency shall be given by press, radio or television, which news med ia shall be requested to cooperate with the City officials and, when given. such notice shall constitute due and proper notice. . Passed by the City Council of the C ity of Richfield, Minnesota this 9th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 5 Q • BILL NO. AMENDMENT TO SECTION 1305. OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1305 of the ordinance code of the City of Richfield entitled "Parking and Traffic: General Rules" is hereby amended by the following: • 1305.11 Impounding vehicles. Subdivision 1. General rule. A police officer may remove a vehicle from a street or highway or public parking lot to the nearest garage or other place of safety or storage or to a garage or place of safety or storage designated or maintained by the department of public safety, when any vehicle is parked abandoned or left standing in violation of the terms of this article, the same may be impounded in accordance with the terms of the motor vehicle impounding ordinances of the City at the cost and expense of the owner thereof. Subdivision 2. Notice required. When a police officer removes a vehicle from a street or highway or public parking lot and the officer knows or is able to ascertain from the registration records in the vehicle or on file with the motor vehicle registration 53 • authorities the name and address of the owner thereof, the officer shall promptly give, or cause to be given in writing to the owner of the fact of such removal and of the place to which such vehicle has been removed. In the event such vehicle is stored in a public garage or other public place of safety or storage, a copy of such notice shall be given to the proprietor of such garage or place. Subdivision 3. When a vehicle m be impounded without prior notice. A vehicle may be impounded with or without citation and without ivin notice to its owner only _under the f llowi circumstances: (a) , to tra#iG;when the vehicle is im, ed__.._...ing or is likelyr..to impede the normal flow of vehicular or pedestrian traffic: or (b) when a VehiGle upon a 6tFeet eF highway is disabled so as W Gonstitute an as to be unable to provide feF its Gustedy eF ;when the vehicle is illegally parked in a truck bus fire lane taxi or other similar zone where parking is limited to designated classes of vehicles and where such vehicle is interfering with the proper and intended use of such zones or is parked where prohibited b law orb tem ora or permanent sins drip certain hours on deli nated days, or at all times: or 5- q • (c) when a vehirale is permitted to re / publiG stFeet or highway in the hen the vehicle poses an immediate danger to the public safety: or (d) When a vehiGle is left unattended On aRy fiFe lane pested pursuaRt to the when the vehicle is parked in violation of snow emergency r.. egulatigns.;, or (e) when the vehicle is a commercial vehicle unlawfully parked in an area used for residential purposes or zoned as a residence district: or when the vehicle weighs or is registered for a weight in excess of the limits allowed on that surface; or ,(g) when a vehicle is permitted to remain on an street, highway or publiQ parking lot in the same location for more than 48 hours in succession: or (h) when a police officer or other agent authorized by the City of Richfield has probable cause to believe that the vehicle is stolen or lacks proper re istrati n' or i when a olive officer or other authorized agent has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime if impoundment is reasonably necessary in such instance to obtain or reserve such evidence or when the person driving. operating or in physical control of the vehicle is taken into custody and the vehicle is impounded for afekee in : or (k) when a police officer or other agent authorized by the City of Richfield has probably cause to believe that the owner, driver, o or person in physical control of the vehicle has failed to respond to five or more citations for parking or traffic offenses or • _..___-Ol when the vehicle is parked in a handicap transfer zone when said vehicle does not properly display a handicapped arkin ermit. Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required._ n U 5-6 1305.13 Snow a1. Subd+v+s en 1. Gene u,rule. three in No peFSOR may e lin o+ree+ nr highway in the pity Subdivision 1. Snow emer enc parking restrictions. (a) After a snowfall of two inches or more and/or upon the declaration of a snow emergency b the it Manager or his designee, no arson shall sto stand ark or leave any vehicle or permit it to stand upon any street or highway. Lawful arkin m be resumed on such streets or highways only after the snow has been remove or lowed curb to curb. • r? U 0 1305.14 Subdivision 1. Removal of vehicles for street maintenance snow removal. Whenever the City Manager or his designee shall find it necessa for purposes of facilit tine street maintenance o erations to include he removal of snow, ice or street wastegi, repair or construction of an street to move an vehicle standing on an street a police officer in the dischar e of duties may cause such vehicle to be moved to the extent necessary for such purposes. Subdivision 2. Definitions. As used herein, (a )-"vehicle" shall mean ever device in u on orb which an person or property is or may be transported or drawn upon a street or highway, except devices moved b human power; b "street" or "highway" is the entire width between bounds lines of an way or lace when an art 0 thereof is Q pen to the use of the public, as a matter of right, for purposes of vehicular traffic c "public parking lots' are those parking lofts owned and maintained the City of Richfield. Subdivision 3. Declaration. Whenever in the opinion of the City Manager or his designee an emer enc exists in the City, or in a section or sections thereof, because of snow, freezing rain sleet ice snowdrifts or other natural phenomena which create or are likely to create hazardous road conditions impeding, or likely to im ede the free movement of fire health police, emergency or other vehicular traffic or the safety and welfare of the community, the City Manager or his designee may declare an emer enc to exist fora period of seventy-two 72 hours but such emer ency_ma._y_be sooner terminated if conditions permit. Notice of such emergency shall be given 5- 2 0 I press, radio or television which nears media shall be requested to cooperate with the City officials and when given. such.. notice shall constitute due and proper notice. Passed by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996. Martin J. Kirsch, Mayor 0 ATTEST: Thomas P. Ferber, City Clerk LI CITY OF RICHFIELD, MINNESOTA Council Letter No. 290 Agenda September 9, 1996 Issue Statement: Public hearing and second reading of an ordinance amendment rezoning land at 7645 Nicollet Avenue from C-1 (neighborhood commercial) to MR-1 (two family residential). Background: The City purchased the former video store at 7645 Nicollet Avenue for the 77th Street improvement project. A portion of the property was used for the street, the remainder is available for development. Staff is proposing to rezone the parcel from C-1 (neighborhood commercial) to MR-1 (two family residential). The property could then be sold to the Housing and Redevelopment Authority for residential development. The existing building would be demolished and a new home constructed. A single family or two-family home would be developed on the property. The parcel is 10,292 square feet (83 feet by 124 feet), which meets the requirements of the zoning ordinance for a single family or two family lot in the MR-1 district. Recommended Motion: Conduct a public hearing and approve second reading of the ordinance amendment rezoning the property at 7645 Nicollet Avenue from C-1 (neighborhood commercial) to MR-1 (two family residential). Basis of Recommendation: 1. The parcel is located to the north of the 77th Street screen wall, adjacent to residential properties making it an appropriate location for a residential use. 2. The parcel is located at the intersection of two arterial streets making it an appropriate location for housing at a slightly higher density than single family housing. 3. The parcel meets the zoning ordinance requirements for a lot in an MR-1 district. 4. On July 23, 1996 the Planning Commission voted unanimously to recommend approval of the rezoning. 5. Notice of the hearing was published in the Sun-Current and mailed to property owners within 350 feet of the subject property. 6. The City Council held first reading on August 12, 1996 and set the public hearing and second reading for September 9, 1996. Alternative Recommendation: Deny the rezoning. 4-1 i Discussion/Decision Mode: A public hearing and second reading are scheduled at 7:00 p.m. on September 9, 1996. The hearing will be held in the City Council Chambers of Richfield City Hall, 6700 Portland Avenue. Respectfully submitted, James . Prosser City Manager JDP:cak r'1 U q'cz • Bill No. 1996- AMENDMENT TO APPENDIX I OF THE CITY CODE OF THE CITY OF RICHFIELD (7645 Nicollet Avenue South) THE CITY OF RICHFIELD DOES ORDAIN: Appendix I which describes the boundaries of the various zoning districts of the City is hereby amended in the following respect: A. Section 2, Paragraph (6) is amended to read as follows: jj Th t t l i b th t li ? p gj) a af ea e we y ng en e cen er- nes e enter line e f 77th Street and the nelAh li ne e f ^+ 10, Ble ek n of said a ddi B. Section 11, Paragraph (81) is amended to read as follows: (81) M-16 corner. 77th and Nicollet) The northerly 8 feet of Lot 9 and all of Lot 10 in Block 4. A.G. Bogen Company's Nicollet Avenue Addition. • This amendment constitutes a rezoning of 7645 Nicollet Avenue South from C-1 to MR-1. Passed by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 7645 NICOLLET AVENUE REZONING: C-1 TO MR-1 q-3 W Z a W J J O V PROPERTY LINE 124'26' I I LOT #10 I ORIGINAL LOT LINE {1LEC -R le ` NORTH 8 FT. OF LOT #9 W .J z ^ J cr Iw 10 o: ' NOISE 1(YALL CURB 77TH STREET FmAmw #0 :_ • • . MANNING ZONING NORTH Comnunlty DevNapment DapartrrwM SCALE: 1 25' DATE: 7-11-96 SITE PLAN, EXISTING 31) CITY OF RICHFIELD, MINNESOTA Council Letter No. 289 Agenda September 9, 1996 Issue Statement: Consideration of an application for a new lawful gambling license for the Richfield Hockey Association through Frenchman's, 1400 East 66th Street. Background: The Council recently passed an ordinance allowing for some expansion of lawful gambling (pulltabs). On July 23, 1996, the Richfield Hockey Association submitted an application for a new lawful gambling license through Frenchman's located at 1400 East 66th Street. The application requests a new license for pulltab activity. The applicant is proposing to conduct pulltab activity at Frenchman's during their hours of operation via a pulltab dispensing machine. This machine will not be staffed by either members of the Richfield Hockey Association or by the liquor establishment. Pulltab payoffs to winners will be provided by staff of Frenchman's, which is authorized by ordinance and statute. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. In addition, the gambling manger for the Richfield Hockey Association, Mr. Larry Hirabayaski, has no known criminal record. Finally, the applicant has requested that the $100.00 investigation fee be waived. Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. Recommended Motion: Staff recommends that the Council approve the gambling activity license requested for the Richfield Hockey Association through Frenchman's, 1400 East 66th Street, in accordance with Richfield City Code 1100. 13, subd. 6. Staff further recommends that the Council waive the investigation fee. Basis of Recommendation: 1. The applicant has complied with the State Statutes and City Code pertaining to lawful gambling. 2)b-V Alternative Recommendation: 1. The Council could pass a resolution specifically disapproving the request. 2. The Council could decide to not waive the investigative fee. Discussion/Decision Mode: Approve the application for a new gambling license for the Richfield Hockey Association through Frenchman's, 1400 East 66th Street. Respectfully submitted, Jame . Prosser City Manager JDP:ds 0 0 3D-j- • RESOLUTION NO. A RESOLUTION GRANTING APPROVAL FOR THE RICHFIELD HOCKEY ASSOCIATION TO HAVE A LAWFUL GAMBLING LICENSE AT FRENCHMAN'S LOCATED AT 1400 EAST 66TH STREET WHEREAS, the Richfield Hockey Association has submitted an application for a lawful gambling license at Frenchman's located at 1400 East 66th Street; and WHEREAS, the application requests a license for pulltab activity conducted at that location; and WHEREAS, Minnesota State Statute Section 349.213 provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City code provides for regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Richfield Hockey Association at Frenchman's located at 1400 East 66th Street. 2. That the investigation fee be waived. Passed by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber City Clerk 3c- CITY OF RICHFIELD, MINNESOTA Council Letter No. 288 Agenda September 9, 1996 Issue Statement: Consideration of an application for a new lawful gambling license for the Richfield Hockey Association through Lariat Lanes, 6320 Penn Avenue. Background: The Council recently passed an ordinance allowing for some expansion of lawful gambling (pulltabs). On July 23, 1996, the Richfield Hockey Association submitted an application for a new lawful gambling license through Lariat Lanes located at 6320 Penn Avenue. The application requests a new license for pulltab activity. The applicant is proposing to conduct pulltab activity at Lariat Lanes during their hours of operation via a pulltab dispensing machine. This machine will not be staffed by either members of the Richfield Hockey Association or by the liquor establishment. Pulltab payoffs to winners will be provided by staff of Lariat Lanes, which is authorized by ordinance and statute. The Public Safety Department has conducted the required background investigation and has determined that the applicant has complied with all requirements. In addition, the gambling manger for the Richfield Hockey Association, Mr. Larry Hirabayaski, has no known criminal record. Finally, the applicant has requested that the $100.00 investigation fee be waived. Richfield City Code 1100.13 requires the Public Safety Department to review the request for the gambling license and make its review and recommendation to the City Council. Recommended Motion: Staff recommends that the Council approve the gambling activity license requested for the Richfield Hockey Association through Lariat Lanes, 6320 Penn Avenue in accordance with Richfield City Code 1100. 13, Subd. 6. Staff further recommends that the Council waive the investigation fee. Basis of Recommendation: 1. The applicant has complied with the State Statutes and City Code pertaining to lawful gambling. 3 c- I • Alternative Recommendation: 1. The Council could pass a resolution specifically disapproving the request. 2. The Council could decide to not waive the investigative fee. Discussion/Decision Mode: Approve the application for a new gambling license for the Richfield Hockey Association through Lariat Lanes, 6320 Penn Avenue. RespectF ly submitted, Jame D. Prosser City Manager JDP:ds 1?J Imo, ?`J 3C-?- • RESOLUTION NO. RESOLUTION GRANTING APPROVAL FOR THE RICHFIELD HOCKEY ASSOCIATION TO HAVE A LAWFUL GAMBLING LICENSE AT LARIAT LANES LOCATED AT 6320 PENN AVENUE WHEREAS, the Richfield Hockey Association has submitted an application for a lawful gambling license at Lariat Lanes, located at 6320 Penn Avenue; and WHEREAS, the application requests a license for pulltab activity conducted at that location; and WHEREAS, Minnesota State Statute, Section 349.213, provides authority for review of applications by local authorities; and WHEREAS, Section 1100.13 of the Richfield City Code provides for regulation of lawful gambling; and WHEREAS, the Department of Public Safety has completed an investigation of the application and finds the application to be in order. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. That a lawful gambling license be granted to the Richfield Hockey Association at Lariat Lanes, located at 6320 Penn Avenue. 2. That the investigation fee be waived. Adopted by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: 0 Thomas P. Ferber City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 287 Agenda September 9, 1996 Issue Statement: Consideration of a resolution levying a special assessment for weed destruction. Background: Each year the City of Richfield hires contractors to cut weeds on certain properties in the City not properly maintained by the owners. If the owner fails to cut the weeds in a timely manner after notification by the City, the City undertakes the weed destruction and bills the property owner for the service. If the cost of the weed destruction is not paid by the property owner, it may be assessed against the property for a one year period. The attached resolution provides for this assessment against properties in the amount of $804.09. In addition, the resolution provides for an 8% penalty. Recommended Motion: Adopt the attached resolution levying a special assessment for weed destruction against the property owners in the amount of $804.09. Basis for Recommendation: 1. The properties were not maintained by the owner and the City incurred costs to abate the weed nuisance. 2. Minnesota State Statutes provide that the City may levy a special one year assessment for these costs. Alternative Recommendation: 1. Do not approve the resolution and have the costs absorbed by the City. Discussion/Decision Mode: This item has been placed on the September 9, 1996 agenda so that this assessment may be filed with Hennepin County along with the other special assessments. Respectfully submitted, Jam . Prosser City Manager JDP:cak 0 66--1 • RESOLUTION NO. RESOLUTION LEVYING SPECIAL ASSESSMENT FOR WEED DESTRUCTION BE IT RESOLVED by the City Council of the City of Richfield, Minnesota as follows: 1. The described properties are hereby specially assessed in the amount for the expense incurred by the City in connection with abatement of a nuisance health hazard pursuant to provisions of Minnesota Statutes, Section 429.101, to wit: PROPERTY ID ADDITION ADDRESS AMOUNT 26-028-24-43-0082 46270 6901 12th Ave So $127.80 28-028-24-22-0048 45835 6205 Morgan Ave 383.41 32-028-24-13-0054 45991 7300 Upton Ave So 292.88 Total $804.09 • 2. The above listed assessment be spread over a period of one year at the rate of 8% interest per annum. 3. That the City Clerk is hereby authorized and directed to certify a copy of this resolution to the County Auditor of Hennepin County, Minnesota. Passed by the City Council of the City of Richfield, Minnesota, this 9th day of September, 1996. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 0 ? 0 CITY OF RICHFIELD, MINNESOTA Council Letter No. 286 Agenda September 9, 1996 Issue Statement: Consideration of a resolution certifying delinquent sewer and water utility accounts to the County Auditor. Background: Chapter VII of the Richfield ordinance code provides that unpaid water and sewer charges may be certified to the County Auditor to be included in a property owner's annual property tax bill. The ordinance code also authorizes $25.00 certification fee to be charged against each delinquent account. By certifying the delinquent charges to the property taxes for the delinquent properties, the City is assured of ultimately collecting the delinquent charges. In 1995, the City Council certified $156,391.85 of delinquent charges for 602 properties, an average of $260.00 per account. The 1996 certification currently under consideration totals $188,716.25 for 568 properties, an average of $332.00 per account. Property owners owing water and sewer charges are notified on their summer quarter water bill that failure to pay the amount owed will result in certification to the property owners' taxes, on said properties. Recommended Motion: Adopt the resolution certifying unpaid sewer and water service charges to the County Auditor to be collected with other taxes on said properties. Basis for Recommendation: 1. State Statute and City ordinance provide that delinquent utility charges may be collected in this manner. 2. The delinquent accounts must be certified to the County Auditor in order for the City to collect the charges through the property tax process. Alternative Recommendation: 1. Do not approve the resolution. However, the certification process is the only process the City has to collect these delinquent charges. Discussion/Decision Mode: This matter has been placed on the September 9, 1996 City Council agenda to allow sufficient time for the charges to be certified to the County Auditor. Respectfully submitted, Jame . Prosser City M ager . JDP:cak 3/-/ RESOLUTION CERTIFYING UNPAID SEWER AND WATER SERVICE CHARGES TO THE COUNTY AUDITOR TO BE COLLECTED WITH OTHER TAXES ON SAID PROPERTIES WHEREAS ordinance code 715 establishes rules, rates and charges for water service in the City of Richfield; and WHEREAS, Minnesota Statutes 444.075, provides that all delinquent water service charges not paid may be certified to the County Auditor and shall be collected with other taxes on such property; and WHEREAS, ordinance code 705 established rules, rates and charges for sanitary sewer service in the City of Richfield; and WHEREAS, 705.19 thereof provides that all sewer services charges not paid within fifteen (15) days after the quarterly due date may be certified to the County Auditor with taxes against such property, and shall be collected with other taxes on such property; and WHEREAS, an assessment roll has been prepared specifying the amount which shall be certified against each particular property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that: 1. There is hereby determined to be a total uncollected amount for water and sanitary sewer service of $174,516,25. 2. That a $25.00 certification charge shall be levied against each delinquent account; such charges totaling $14,200.00. 3. That the above described assessment be spread over a period of one year at the rate of 8% per annum. 4. That such amount be hereby certified to the County Auditor for collection with other taxes on said properties. 5. That a copy of the resolution shall be sent to the Hennepin County Auditor. Passed by the City Council of the City of Richfield, Minnesota this 9th day of September, 1996. Martin Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk