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04-24-95 agenda
CITY OF RICHFIELD MONDAY, APRIL 24, 1995 CONCURRENT RICHFIELD CITY COUNCIL/ RICHFIELD SCHOOL BOARD MEETING 5:00 P.M. - 6:30 P.M. RICHFIELD CITY HALL 6700 PORTLAND AVENUE COUNCIL CHAMBERS AGENDA CALL TO ORDER I. DISCUSSION OF GANG RESISTANCE EDUCATION AND TRAINING PROGRAM II. DISCUSSION OF INTERAGENCY COLLABORATIVE III. DISCUSSION OFALL-AMERICA CITY APPLICATION IV. UPDATE REGARDING RENOVATION/REMODELING OF SCHOOLS 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. CITY OF RICHFIELD, MINNESOTA MONDAY, APRIL 24, 1995 SPECIAL CITY COUNCIL MEETING 6:30 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER MEETING WITH RICHFIELD HUMAN RIGHTS COMMISSION COUNCIL LETTER NO. 107 ADJOURNMENT REGULAR CITY COUNCIL MEETING 7:00 P.M. CHAMBERS AGENDA INTRODUCTORY PROCEEDINGS CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF THE (1) SPECIAL CITY COUNCIL MEETING OF APRIL 10, 1995 AND (2) REGULAR CITY COUNCIL MEETING OF APRIL 10, 1995 PRESENTATIONS OPPORTUNITY FOR PERSONS TO ADDRESS THE COUNCIL ON ITEMS NOT LISTED ON THE AGENDA 2. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6 AS ARBOR DAY AND MAY AS ARBOR MONTH IN RICHFIELD COUNCIL LETTER NO. 108 3. PRESENTATION OF PROCLAMATION RECOGNIZING EARTH DAY, NATIONALLY CELEBRATED ON APRIL 22, WILL BE CELEBRATED IN RICHFIELD IN CONJUNCTION WITH ARBOR DAY FESTIVITIES ON MAY 6 COUNCIL LETTER NO. 109 4. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6 AS RICHFIELD PUBLIC WORKS DAY AND MAY 21-27 AS NATIONAL PUBLIC WORKS WEEK IN RICHFIELD COUNCIL LETTER NO. 110 5. PRESENTATION OF PROCLAMATION DESIGNATING MAY 7-13 AS NATIONAL DRINKING WATER WEEK AND MAY 6 AS NATIONAL DRINKING WATER DAY IN RICHFIELD COUNCIL LETTER NO. 111 AGENDA APPROVAL 6. COUNCIL APPROVAL OF AGENDA CONSENT CALENDAR 7. 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 PURCHASE IN EXCESS OF $5,000 FOR REMOVAL AND REPLACEMENT OF CURB, GUTTER AND SIDEWALK FROM ADVANCED CONCRETE, INC. IN AMOUNT OF $10,156 C.L. 112 B. CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING FIRE MUTUAL AID AGREEMENT WITH SOUTHWEST FIRE MUTUAL AID ASSOCIATION C.L. 113 PUBLIC HEARINGS 8. PUBLIC- HEARING AND SECOND READING OF ORDINANCE AMENDING SECTIONS 320, 400 AND 405 OF CODE OF ORDINANCES MODIFYING NOTICE AND APPEAL PROCEDURES FOR CERTAIN CODE VIOLATIONS COUNCIL LETTER NO. 114 9. PUBLIC HEARING AND SECOND READING OF COMPREHENSIVE REVISION OF ZONING CODE AND CONSIDERATION OF RESOLUTION APPROVING SUMMARY PUBLICATION OF AMENDMENT TO APPENDIX B OF THE RICHFIELD CITY CODE COUNCIL LETTER NO. 115 RESOLUTIONS 10. CONSIDERATION OF RESOLUTION RELATING TO SUPPLEMENTAL AGREEMENT TO AGENCY AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ENGINEERING; 77TH STREET PROJECT COUNCIL LETTER NO. 116 11. CONSIDERATION OF RESOLUTION APPROVING LABOR AGREEMENT BETWEEN CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR 1995 COUNCIL LETTER NO. 117 ADMINISTRATIVE REPORTS & OTHER BUSINESS 12. CONSIDERATION OF LEASE AGREEMENT WITH CP RAIL SYSTEM FOR PROPERTY CURRENTLY USED BY CITY GARAGE ADJACENT TO OLD LAMBERT LUMBER SITE COUNCIL LETTER NO. 118 AIRPORT BUSINESS 13. CONSIDERATION OF AUTHORIZATION OF LITIGATION CHALLENGING ADEQUACY OF RUNWAY 4-22 EIS COUNCIL LETTER NO. 119 14. AIRPORT STATUS REPORT 77TH STREET PROJECT BUSINESS 15. 77TH STREET PROJECT STATUS REPORT CORRESPONDENCE 16. LEGISLATIVE REPORT COUNCIL CHOICE 17. COUNCIL DISCUSSION ITEMS 18. CLAIMS AND PAYROLLS 19. 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. 3-I -- CITY OF RICHFIELD, MINNESOTA Council Letter No. 119 Agenda April 24, 1995 Issue Statement: Consideration of authorization of litigation challenging the adequacy of Runway 4-22 Environmental Impact Statement. Background: The City Council has previously directed staff to carefully monitor the adequacy of the Environmental Impact Statement (EIS) prepared for the extension of Runway 4-22. The purposes of the Runway 4-22 extension include the following: • Extension the runway to permit long haul international flights. • Extension of the runway to permit simultaneous operations off one parallel and the crosswind runway during reconstruction of the south parallel runway. • Noise redistribution. Previous review of the EIS documents indicated a number of inadequacies regarding the environmental document. Those inadequacies basically related to the fact that the noise redistribution portion of the project appeared to be highly questionable. The City has communicated to the program sponsors our concerns regarding these issues. In the previous drafts of the environmental document, a record of decision has been released. Attached to this Council Letter is a copy of a letter from Steven Pflaum addressing legal strategies. The basic conclusion of the letter is that serious problems remain with the project as proposed and includes recommendations including authorization to initiate litigation. Recommended Motion: 1. The Council should review the information contained in the letter from Steven Pflaum. 2. Direct staff to strategize and coordinate the City's efforts to persuade the Metropolitan Council to disapprove the noise shifting component of the project. 3. Direct staff to continue to explore any possible avenues to obtain mediation of this issue with the Metropolitan Airports Commission. 4. Authorize special airport counsel to file a state court lawsuit against MAC, MnDOT and Met Council if amicable resolution of this controversy has not been achieved prior to the expiration of the MEPA statute of limitations. Basis of Recommendation: 1. Advice from Council Members. i3-~ 2. The Council has previously determined that it is appropriate to represent the interest of our residents on an issue of significant environmental and economic impact to our community. Alternative Recommendation: 1. The Council could decide to not authorize litigation but to attempt to resolve this matter solely through administrative remedies. (The City of Bloomington has taken a similar position. Attached is a copy of Bloomington's basis of action.) Discussion/Decision Mode: This matter will be discussed at the April 24 Council meeting. Chuck Dayton, local special counsel on this project, will be at the meeting to further discuss these issues. fitted, Jar,~~D. Prosser City anager JDP:cak !Z2 p!rv oi. . ~E~~9~l~~ Af'R 2 ~ 9Q95 bloommgton, mmnesota ~ 3_ _ 2215 West Old Shakopee Road Bloomington MN 55431-3096 (612)948-8780 FAX: 948-8754 • TDD: 948-8740 Coral S. Houle Mayor April 18, 1995 by Fax Mr. Jim Prosser, City Manager City of Richfield 6700 Portland Avenue South Richfield, MN 55423-2598 Dear Jim: Mark Bernhardson City Manager At the Bloomington City Council meeting on Monday, April 17, 1995, the City Council voted 6-1 to no longer pursue litigation on the adequacy of the Environmental Impact Statement regarding the proposed extension of Runway 4-22. Based on the FAA's Record of Decision, the Council chose instead to pursue its opposition to the modification of the Runway Use System through the various policy body processes made available by the document. As the Bloomington City Council's policy supports the physical extension of Runway 4-22, the decision allows the Metropolitan Airports Commission (MAC) to pursue that course, but requires them to demonstrate the necessary funding "with or without federal assistance," and gives those interested the opportunity to make the case against the runway use change before the MAC and the Metropolitan Council. We appreciate all the cooperation and interest the Richfield City Council, you and your staff have provided as we have jointly discussed litigation. It is hoped that we can work together to achieve our mutual policy objectives of getting the physical extension of Runway 4-22, but opposing modifications of the Runway Use System at the MAC and at the Metropolitan Council. We continue to encourage the staff at the MAC to meet with you to discuss your respective issues. Sincerely Mar E. Bernhardson City Manager cc: Mayor Coral Houle Bloomington City Council An Affirmative Action/Equal Opportunities Employer /3-~ Inter-Office Ct~~;C~~PC~I~TD~~CE Tp; Mayor, Council Fgp~: Marls E. Bernhardson, City Mana riATE: April 12, 1995 sUB3ECT: ~tunway 4-22 - ~tecord of beCiSionCEIS Adequacy ATTACFTMENTS: A. City ofBloomington Airport Policy adopted 3!6195 / 13. Excerpt of Minutes dated 9/13/94 C. Richfield Letter Dated 9/19194 D. MAC memo dated 4/10195 E. Ornstein Summary of Decision dated 415/95 reviousl sent under separate saver) F. Record of Decision/EIS Response Comments (p Y (C'onfidentiad memo from Dave Ornstein dated 113/20/94, and 3123/951etter from Steve P#Iaum) ISSrJE 3. Should the City council implement its decision of September 19, 1994, to participate in litigation challenging the FEIS now that the Record ofDeczs~on and response to Comments have been issued. a. If no change is deemed appropriate, take the actions necessary, including the appropriation of any monies to implement the decision within the 30-day time frame allowed for lawsuis~ to be filed. b. If reconsideration is warranted, determine an alternative course of action to implement the Council's adopted airport policy. $ACK 1~OLF~D In April of 1994, the Council undertook a study to develop its positi ~t~#eg~r~~8 ja~~ s ~ ~ o~ SuI~;s~ $ 1994 to the airport. During this discussion, the Final 1/nvxronment Impact l gg4, Subsequent by the Minnesota Department of Transportation dm nis ~atian todobtain their Record~of Decision on the to that, it was submitted to the Federal A,v~atzon A O~T ,was matter. The responsible governmental unit, the innesota Department of'Transportation (NinD ) withholding their decision of adequacy pending the FAA issuing its ~~or ssued 11~a ch 291995 byd of Decision was issued on March 28, 1995, and the Adequacy Decision as MnDOT. .~ ^~ Memorandum April 1~, 1995 Page 2 Staff reviewed the Record of Decision and Responses to Comments and met with staff'fram Richfield aid the MAC. The issue is also being discussed with Bloomington's representatives on the MAC and the Metro Council. DISCC7SSION;. Issue # I The Record of Decision and attendant responses to comments {pgs. 4-68 of FLTS} have indicated changes in the fallowing areas: Noise Miti,gatian -The original budget far this item was $29.4 million and has now been increased t~c $29.9 million. --The original included 619 single family Names in Bloomington. (Which was in addition to 93 homes already. insulated) --Add noise mitigation for 2,175 multiple units in $ioomingtazt ~ Richfield in the LDN 65 --The purchase of the 75 homes in Bloomington is an integral part of the mitigation package. Noise ontours -Previously the noise contours only showed 1996 and na-build, plus the alternatives. Included in this document are the 2040 and 2005 noise contours with the extension and the change in the Runway Use System (RUS}. This reduction in noise is primarily dependent on increased use of Stake 3 aircraft as the assumptions are that the amount ofusage on Runway 4-22 will decrease from 17% to 15% between 1996 and 2{l00 and 2005. It does not include a no-build comparison for the year 2045. • Clarifiring Response -Provides further information regarding principally Richfield's challenge io the operational ability afthe proposed project. Project Bifurcation -The most significant item an this Retard of lecision is the authority to proceeel with the physical extension of the runway plus the southerly taxiway, but the approval for construction of the queuing taxi r~ray by the terminal and implementation of the modified R.L15 is conditioned on the MAC demonstrating that it has su#~cient financial resources to implement the mitigation program "with or without federal funding assistance." Federal funding in the new political environment, however, is very much in question. Essentially MAC would have to have the funds designated before these components of the project Gould be initiated. Tn order to have funding from local sources, they waL~ld undertake cansideratian of this in their 1996 Capital Improvement Program and the $30 million far noise mitigation would be competing with a list of projects for which they would otherwise use local funds. The MAC has four sources of funding for such capital projects: • PassengLr Facili,~y Charge (PFC}. In order to use this funding they need to publish their proposal and receive Comments. (AS you may be aware, Northwest Airlines, in the Iasi MAC capital project budget review, opposed the use of any I'FC far the noise. mitigation as NWA is apposed to that: partiQn of the project.} 04/20/95 14:37 CITY OF BLOOMINGTON ADMIN DEPT 3 98619749 NO.463 PO03 ~~ Memorandum April I ~, 1995 Page 3 L ndin Pees. These are fees generated from the airlines an landings. A ma}ority of all airlines using the airport must agree on use of this money. The ot$er airlines have indicated they da not want this money used for either the e:ctension or mitigation of Runway 4-22. 5pecisl. Construction Fund. This is money generated from cancessians at the airport and rali~ge £rom $2 to $5 million per year. Airline I rovement ro am (ArP). These are federal funds generated from a national ticket tax. At this time, however, some of these monies are being used for funding the FA.A and there has been Borne discussion that the Senate may disband this fund and no longer use the fundin$orts lwluch have improvements. Even if they do not, the sense is that zt may go to medium-s:zed airp a difficult time generating significant monies from PFC and not used on a major hub such as MSP which can generate substantial monies from the PFC charges. R.ichfeld's Review The following is a summary of Richfield's position on the issues: ~ erat' nal Usabili -Richfield has a position similar to Bloomington's supporting physical construction of the runway but opposing modification o£ the Rt3S for noise redistribution purposes. however, some of the operational issues that Richfield has raised relate to the functionality of the protect, and Richfield still does not feel MAC will be able to use this runway as extensively as the PETS represents. Noise Contours -They are concerned about t 005 ssumptions used and the fact that there is not a no-build comparison far the years 2000 and 2 Nois Mit' at%,~ -Richfield still does not feel there is adequate money budgeted for noise mitigation and believe the cost in Richfield alone for mitigation is $SS million {Attaciunent G). It should be mentioned that only S 1 I million of that would fail under the Record of Decision defir~tion of noise mitigation and the bulk of it represents land use changes within the LT)N 60 contour. _f~t,Ben~ esul~ -The bottom line for all their objections is the ~~nimumo f $3d rnilliari for amount of use for noise red'zstribution does not merit spending th noise mitigation to enact the RUS change. Richfield is looking to proceed on three bases: Continued inadequacy of the FETS. The fact that there is a prudent and feasible alternative - that being a ~e~ ~'sQg s bend the money on noise any mitigation monies to northeast Richfield and south M1nneapal s, P mitigation for the R.US. pursue the policy issue with the Meiro Council to have thezx~ amend the project. Memorandum April 14, 1995 ~ ~ s Page 4 Praje Bifurcation In our discussion with staff from the MAC, the following is the expected the pr©cess that would be foll~awed regarding the project allowing far ~E separate policy body discussions, 2 at the MAC and 2 at the Metro Council, plus the final approval of the FAA. 1. Metropolitan Airnorts~~mmission_ a) MAC Consideration of Whole Project -The MAC needs to give final consideration to the project. While their staff would still recommend they go ahead with the whole project, they are also recommending, given the Record afL'~ecision, to proceed with the physical extension at this point, and delaying the ~i.US modification until the 1996 capita} budget consideration process. b) 1996 Capital Project Review - if the MAC commissioners concur 'with reconunendations of staff; then this process would start in the summer and continue through the fall of 1995. This would allow people in apposition to the RUS modification to argue that there are higher priorities far the MAC's. capital expenditures than the noise mitigation required fox a RUS change. Tf not approved, it would delay implementation of ta~ciway queuing and RTJ$ modification to future CiP considerations. 2. Metropoli an Council a} The Metropolitan Council is also required to approve the project artd could consider the deferrai~ of the RLTS and taxiway queuing to the CII' process, and endorse the construction of the physical extension of the runway and southerly taxiway this year. b) The policy issue of whether spending $30 million on mitigating the RUS is a sound expenditure cif public funds. (when they consider the MAC's capital budget.) At both levels the policy bodies, particularly the Metro Council, could direct the parties to undertake discussions to attempt to resolve their differences -similar to what the City Council does an occasion. FAA The MAC would need to prove to the FAA that sut~cient funds were committed to implement the S30 million rtdtSe mztzgat-on prOgz`am, plus any Cl~ final approval. The RUS could not be initiated without the demonstration of financial viability. Courses. o. Action Given the project bifurcation, the MAC is likely faced with the following potential scenarios; 1. Approve full project, including funding at this paint with a lawsuit potentially stopping any construction, 2. $ifizrcate the process but face a lawsuit {possibly trying to reduce the litigation to a lawsuit on the ~,'US} ;. Approve physical extensions but deter the RUS and queuing taxiway to the 199b CIP. 4. Canstnzct the runway extension, but condition the RU'S change upon completion of noise mitigation. 5. Construct the runway and defer the RUS discussion until federal ;funding issues are resolved. X4/20195 14:38 CITY OF BLOOMINGTON ADMIN DEPT ~ 98619749 N0.463 P005 Memorandum April 14, Y 995 Page 5 City Clbiectives Relating to the Airport 13~~ Attachment A, outlines the City's policies on Runway 4-22 and the bifurcation process does allow t:he City to pursue, in two different policy forums, its position regarding RI;.JS and the expenditure of tl'xe money. {The question has been raised as to why more flights cannot arrive or depart over St. Paul. In response, the MAC sta#~'indicated that it is an operational issue. The primary issue is that only one runway can be used if that is done, whereas witlx the e~tensian to the southwest, they can use the northerly parallel for landings and ~-22 for departures- In addition, winds are infrequently from the northeast) ALTERNATT"VES The following represent options for the Council at this point: a. Implementation of its September 19, 1994 decision through appropriation of money to join Richfield's lawsuit b.. l:'roceed separately on a lawsuit and appropriate money far the necessary experts c. Pursue City's airport policy objectives with the MAC and Metro Council to try to permanently defer the RUS change and as a backup position, defer it uratii all insulation has taken place in the community, ar until all aircraft are Stage ~'II, This would be done by amending last fall's action based an chan;~es ire the Record of pecisian. d. Combination of actions. e. Take no action_ The following represents pluses and minuses of the various scenarios: 1. ~Rrtici zte in Litigation With Richfield. a. Ply (i) Preserves absolute right to Court ordered mediation. (ii) iVlay facilitate settlement of RLYS issue. (iii) Appeases critics of runway extension noise redistribution. (iv) Lawsuit could result in cancellation of the entire project ar RCJS component. b, inu es. (i) Jeopardizes future ofMSP ~ allows proponertES of a new airport to argue tY~at those suing appose necessary airport improvements and therefore a new airport represents the only reasonable alternative. __ . . ---___-.-- .,rv,,,,.:ra., d_'77 is not rmm~leted. Northwest Airlines' 04/20/95 14:38 CITY OF BLOOMINGTON ADMIN DEPT 3 98619749 N0.463 P006 /~~ / 1vlemorandurri April 14, 1995 Page b operational ability at this airport is significantly reduced because capacity during reconstruction is severely limited and on an on-going basis there would be no capacity for certain international flights and lung-haul domestic flights carrying additional passengers and cargo. (iii) A. lawsuit against MAC and MnDOT will make our staff's working relationships with staff from MAC and Nin1~4T more difficult and potentially have an adverse impact on the resolution of issues important to the City that require cooperation aandlor approval from these bodies. (iv) Litigation will generate opposition from the Chamber of Commerce and outer orgaztizations and residents dependent on MSP for economic sustenance. (v) Could jeopardize the City's relationship with the MAC, Mn77~T commissioner and the Metro Council. (vi} Financial cost - staffis recommending a minimum contribution of$50,044. {vii) issue of one governmental entity suing another - Is this an appropriate use of public money? {viii) City Attorney believes likelihood of winning the lawsuit is less than 50/50 but delay inherent in litigation could kill the entire 4.22 project. (ix} City could be responsible for costs of litigation if it is unsuccessful. (x) Richfield will retain control over the litigation and potential conflicts of interest exist between Bloomington and Richfield. 2. Litigate Alone. a. Ptuses. (i) May be less costly but depends on how extensively City utilizes consultants. (ii) Retain direction and control of the litigation. (iii} Avoid potential conflicts of interest with IZ.ichfield. (iv) May facilitate settlement -guarantees place at the table far Court-ordered mediation. ,~ /~-~Q Memorandum April 1~, I995 Page 7 b. Minuse _ (i) All the negatives of litigating with ~tichfield except {x) and possibly (vi}. (ii) Ciry staff doesn't have the necessary expertise to litigate in this very specialized area. (iii) I£fulIy pursued could cost substantially more than joint action with R.ichfeid. {Note that Richfield hired an outside expert from Chicago and Chuck T3aytar~, a laoal lavv~er specializing. in environmental law, and has expended $20Q,OQ0 to date in preparation £or litigation.) 3. Partici ate in Folicv Decision Process with M~1.C and aVlet Council to Defeat or befer 1tmAlemeritation of ~tUS. a, loses (i) Gan use in-hawse staff-Tess costly than litigation. (ii} City less likely to generate student opposition from proponents and opponents of litigation and MAC, MnIaUT and Met Council. (iii) This alternative may stimulate mediation ofthe dispute and a bifurcatiai~ o~'the process ofl''ers a solid basis 1''or either resolving the noise redistribution issue or deferring it until noise mitigation is completed. (iv) Utilize the policy process r~.ther than the courts -likelihood o£ success is probably greater than. litigation. (v} Gity Council's position in f~.vor of the extension but in opposition tv noise redistribution is preserved. (vi) Bifurcation is consistent with City`s airport policies. (vii) This- fonim allows City to pursue the cost effectiveness argument ~ that the benefits of noise redistribution are very low in comparison to the $30 million cost of noise mitigation. A. court would not invalidate the project on this grounds but would instead defer to the legislative judgment of'NlAC and the FAA. b, inuse (i) Proponents of a new airport wand the C te's~adopted airport pol cy agates this improvement -but bifurcation y argument. Memorandum April 14, 199 Page 8 (iij (iii) 4. No Action. a. Pluses. /~ ~ I Unknown how MAC, MnDOT and the Legislature will react to City's involvement in this process. Potential criticism £or alteration of position away from litigation. May not be satisfactory to those who strongly oppose the project or the RUS modification. (i) No expenditure of public funds. (ii) Retain option to mediate on an infornnal basis or through intervention in litigation. (iii} Appeases opponents of litigation. (iv} Preserves working relationships with MAC, MnDQT and Met Council staff: (v} Is not an action that impedes the buyout or the insulation of Bloomington Karnes; b. Minuses. (i) Gives critics of the project a political issue. (ii) potential criticism of City Council for changing its position. (iii) May or may not enhance possibility of mediation. RECOMI~fENDATION Should the Council decide to pursue the lawsuit, statl"wauld recommend that it appropriate the minimum $50,000 in order to have input in the conduct of the lawsuit. To participate in the lawsuit without any contribution or with minimal contribution is tantamauz~t to no participation. Additionally, in the mast recent fetter from Richfield's attorney they indicated that to be Nequal partners" we'd nave to split the fees. (Approximately $125,000 - $150,000 each.) Even under this arrangement, Richfield would require they retain final direction and control of the litigation. Staff does not recommend that we proceed separately as we do not have the in-house expertise to deal with these very specialized environmental issues. As an alternative to litigation, the Council could fallow the City's policy and support the extension of 4Y22, but actively oppose the RI3S on a policy level as not being a prudent expenditure of money. This would be done both at the MAC and Metro Council level. (At the time of the Council's original action, the only choice was either the entire praject with the RUS modification, ar no project. The FAA's bifurcation has altered the choices at the policy body levels.) Memorandum . April 14, I99S Page 9 l ~ - ia-- Council could also look at a combination of litigation and z~tilizati~n of the administrative process but the two approaches maybe incompatible and pursuing litigation would likely hinder the prospects of success with the MAC and the Metro Council. Based on the Council's airport policy, it is staffs recommendation that the City pursue defeat afthp ItUS component of the project by participation in the decision-making process involvsng the MAC and the Metro Caunci, and not in litigation on the adequacy of the FEZS. Engaging in litigation would threaten the entire project and have gc~tentially adverse consequences on the City's relationship with the MAC, Mn17dT and the Metro Council and the future of MSP. b4/21/95 11:26 '$` MW&E CHICAGO -~~-~ CITY-RICHFIELD [QJ bb2 /~-l~ Privilea~ed a~~}d C©afidential McDermott, Will ~ Emery Chicago, Illinois ISBMORAN'pUM TO: James D. Prossez F'RoM; Steven F. Pflaum and Mercedes A. Laing ~'~'$: April 21, 1995 RE: Update Regarding Potential Litigation- Cvncarning Runway 4-22 Extension Project I • ~.~B~ODUCTZDN This memorandum summarizes our analysis of the Record of Decision ("ROD") issued by the FAA with respect to the Runway ~-22 Extension Project. This memorandum also evaluates our recommended litigation strategy in Zight of the information contained in the RoD. II. ANALYSIS OF TAS ROD The FAA re~.eased the RaD on March 28, 1995. The RC3D conta~.ns a 44-page analysis purporting to justify the FAA's decision to approve the project, together with responses to comments by Richfield and others on the Final Environmental Impact Statement. Issuance of the RQD was the final step in the federal environmental review process; it triggered a 6fl-day statute of limitations in which to file any federal court challenge to the Project. The Minnesota Department of Transportation, the responsible governmental unit in charge of the state. environmental review process, issued its Adequacy Determination (°AD"} with respect to the Project an March, 29, 1995. The AD incorporated and relied upon the ROD. Issuance of the AD completed the environmental review process for the Project under the Minnesota Environmental Policy Ant ("MEPA"J, effectively triggering a 3D-day limitations period in which to file a MEPA SLlit in State Gourt . In our opinion, the information presented iri the ROD and accompanying materials fails to remedy most of the defects in the EIS. We have seen nothing that changes our belief that this EIS is one of the worst that we have ever encountered and that i 3 - i~- the. Runway 4-22 Extension Project is inconsistent with sound airport planning. The ROD is primarily noteworthy far the FAA's bifurcated approval of the Project. The FAA unconditionally approved the extension of Runway ~-22 for the purpose of achieving operational flexibility, i.e., to facilitate long-haul opezatians and to increase capacity. when Runway 11Rj25L is closed, for reconstruction. However, with respect to the noise-shifting objective, the FAA conditioned its approval of the runway extension--and, hence, the queuing taxiway and the noise mitigation prograut--upon MAC's demonstration that it has the ability to implement that part of the project with or without federal financial assistance. Zn that regard, it is significant that, according to the Project proponents, the cost of the Runway 4-22 mitigation program has nc~w climbed to $3o million. The F.~A's bifurcated approval-may provide us with an opportunity to reach a settlement that eliminates the noise- shifting component of the Project. By agreeing tQ that compromise now, MAC could attribute its inability to implement the noise-shifting component tv the conditions imposed by the FAA and the potential lack oP federal funding. Even if the bifurcated approval does not facilitate a prompt settlement, it may help convince the Metropolitan council to disapprove the noise-shifting component of the Project. Given the Met Council's responsibility for ensuring that large MAC projects are fiscally sound, Met Council should not approve the entire Runway a-22 Extension Project without first receiving solid assurances from MAC that it has the wherewithal to implement the entire project. Aiow is the time for a full-court press on Met Council on this issue. III. I,Ifi2GATI0N OUTLOOK We continue to believe that the Runway 4-22 Extension Project does not comply with either MEPA or the Minnesota Environmental Rights Act ("MERA"}, Although we also believe that the EIS does not comply with the National Environmenta3 Policy Act ("NEPA"}, our MEPA and MERA claims could net be asserted in the same lawsuit as our NEPA claims. As we have previously explained, while the most conservative (least risky} course of action would be to file two separate lawsuits, we are reluctant to have the city incur the significant additional expense associated with multiple lawsuits. Because we believe that the probability of prevailing is higher for our MEPAJMERA claims than far our NEPA claims, we recommend that we file suit in state court. We will notify the City Council if any unexpected developments before the expiration of the NEPA statute of limitations causes us to reconsider this recommendation, -2- /~-/~ We feel confident about the aaerits of our MEPA and MERA claims. Unlike challenges tv most airport expansion projects, those claims could potentially ki17, the Runway 4-z2 Extens~.on Project. Moreover, our chances of success have been buoyed by the addition of Chuck Dayton to our litigation team. While the inherent uncertainties of litigation ma3ce it hazardous to predict the outcome of any lawsuit, we believe we stand a goad chance of prevailing. IV. & COI~SM~NDAT We reao~unend that the city Council take the following action with respect to the. Runway 4-22 Expansion Project at its meeting on Monday, April 24, 1995: 1. Direct staff to stratagiza and coordinate the City~s efforts to persuade the Metropolitan Council to disapprove the noise-shifting component of the Project; z. Direct staff to continue to explore any possible avenues to obtain mediation of this issue with MAC; and.. 3. Authorize special airport counsel to file a state court lawsuit against MAC, MnDOT, and Met Council if an amicable resplution of this controversy has not been achieved prior to the expiration of the MEPA statute of limitations. Respectfully submitted, By By 131805~p1Q~MEM\5011ERSFP.Q17 -3- MCDERMOTT, WILL & EMERY / G~ CITY OF RICHFIELD, MINNESOTA Council Letter No. its Agenda April 24,1995 Issue Statement: Consideration of a lease agreement with CP Rail System for property currently used by the City Garage adjacent to the old Lambert Lumber site. Background: The City has previously acquired the Lambert Lumber site for temporary use for City maintenance activities. The Lambert Lumber site includes a building that encroaches upon the CP (Soo Line) Railroad to the east of the Lambert Lumber site. That parcel was previously leased to Lambert Lumber as part of their site. Currently, the City is using the building and surrounding area encroaching upon the CP Rail System property. to store equipment and for traffic circulation. CP Rail System has requested that the City enter into a lease for use of that property. The annual lease amount requested by CP Rail System is $6,600. This is equivalent to the amount requested from Lambert Lumber site. BCL Appraisals has indicated that the lease amount appears to be a reasonable request. The City has also initiated discussions regarding possible acquisition of the property. It - will be a valuable addition to the existing parcel. It is the intention of the City to relocate the City Garage to another site within the next five years and redevelop the Lambert Lumber site for more appropriate commercial uses. Recommended Motion: Approve the lease request in the annual amount of $6,600. Basis of Recommendation: 1. The property is currently being used by City operations. 2. The lease amount requested is reasonable. 3. There are sufficient funds available with Community Services operations to pay the cost of the lease. Alternative Recommendation: 1. Do not approve the lease agreement. This would mean the City would be required to stop using the building located on CP right of way. A significant portion of our equipment and material storage is included within this building. 2. The City could continue to encroach on the property and not pay the CP Rail System. CP Rail System has made it clear that they will take legal action if the City undertakes this action. The City would be subject to the potential for damages if we would continue to occupy without a lease agreement. /~-f 3. The City could purchase the property. The lease agreement provides for payment from May 1, 1994, and continues on a year to year basis. CP Rail System is demanding compensation from May 1, 1994, based upon usage. Discussion/Decision Mode: This matter will be presented at the Council meeting of April 24, 1995. RespectfulJ~ submitted, ff James b~Prosser City Manager JDP:cak 105 South 5th Street Box 530 Minneapolis MN 55440-0530 Tel (612) 347-8258 Fax (612) 347-8170 CP Rai/System Real Estate Department Heary Haul - US March 13, 1995 . Refer to: 29275/Richfield, MN Mr. James D. Prosser City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423-2599 Dear Mr. Prosser: ''1 ~~ ~~~~ Enclosed please find duplicate copies of lease number 29275 covering the city's encroachment onto railroad property at the old Lampert Lumber site. Please handle for the execution of both copies on behalf of the City and for their return to my attention for further handling on behalf of the railroad. inc David S. Drach Manager Real Estate 612/347-8354 DSD/by/95069-02 LESSOR'S COPY 71d,Agreemmr.madeand enuredinto as o[the 1St dayof May SOO LINE EAII.BOAD COMPANY, hereinafter called "Lessor". and CITY OF RICHFIELD C ! y ~ SITE LEASE -GENERAL ~ i' d;_ / ~ -- ~ ~~u ~242~Z5._ 79 94 , by and between Richfield ,eaten[ Minnesota , haeimfter wled •'Lessee••, wfrNESSerH: 1. The Lessor, in consides'tian of the payments, covenants and conditions hereinafter set forth, [o be made, performed and complied with by the Lessee. herebyleesesto the Lesseethose certain premisessimeted etornear Rlchf ield .County of Hennepin Sate of Minnesota described as follows: That part of Section'34 Township 28, .Range 24 described as follows: BEGINNING at a point 120 feet Northerly, as measured at right angles, of a point upon the South line of Section 34 Township 28 North, Range 24 which is 91 feet westerly of the Southeast corner of the Southwest quarter of the Southwest quarter (SW~ SW~) of said Section 34; thence North 540 feet; thence East 66 feet to a point on the Lessor's Westerly railroad right of way line; thence South along said Westerly right of way line a distance of 540 feet, more or less, to a point 120 feet Northerly of the South line of said Section 34; thence West to the point of beginning; CONTAINING 35,640 square feet, more or less; said premises is shown outlined in red upon the map labelled "Exhibit A" which is attached hereto and is made a part hereof; ;excepting and reserving all driveways now or hereafter laid out across said premises to provide access to other industries located on the Lessor's properly; TO HAVE AND TO HO[D, for the term of One ( 1 )years from the date hereof, hereinafer referred to as the "basic term", and thereafter from year u year, subject, however, to temdnation at any time as hereinafer provided. 2. All buildings and improvements of the dimensions and cepacity specified in the application for this lease, includin& all necessary machinery and appliances, shall be constructed and installed in a manner satisfactory to the Lessor, within one hundred and twenty days from the date hereof, and the premises shall then be continuously and exclusively occupied and used by the Lessee during the term of this lease as a site for such buildings and improvements and for. the wnduct upon the premises in an actlve and substantial way of a building encroachment, storage yard, parking, and fence business, or such other kind of business as may be approved by the I-assort., 3. The Lessee during the first one year period o[ this lease shall pay the Lessor Six Thousand Six Hundred and No / 100--------- Dmllars cs 6 , 600.00 )Per annum, payable in annual installments in advance, as rental for the leased premises, subject ' to increase as provided in paragraph 4 hereof. 4. (A) The Lessee, in addition to said rent described above or as modified follpwing reappsisals, if any, shell pay all taxes, assessments, license fees or other charges (except as- sessments or taxes for permanent street improvemenu other than crosswalks) which may be levied by any suu, municipal, county or fedesl authority ago st the whole or any part of the leased premises, including all improvements located thereon, or against the business conducted uppoon the premises. If ang such assessments or taxes [or permanent street improvements other than crosswalks shall be levied or assessed or become payable against the leased premises Burin the teen of this (ease, the annual rental hereunder es the same shall have lien modified pursuant to reeppsisal, if any, shall be increased by an amount equal m tin percent (30 %) of the total gross amount o[ such assessments or taxes, or the proportionate amount thereof, properly chargeable to the leased premises. (B) In the event of any reappeisal, the reappeised value shell take into cottsidemtion the improvements which are the subject o[ assessments or taxes, but any reappeisel value shall be increased by a minimum amount equal to tin percent (10%) of assessments or taxes for permanent street improvements other than crosswalks. (C) The lessee during the term of this agreement shall assume and pay the entire cost of insuBation, mainunance, repair and renewal of any crosswalks which have been or may be instilledd to provide exclusive dnveway entente to or exit from the leased premtsa. The Lessee shall at all times keep any such crosswalk and any sidewalk located or u be located adjacent to the leased premises clean and free from snow, ice, refuse and obstmctrons, and fWly indemnify the Lessor aganst a8 penalties, fines, claims, suits, judgments, costs and ex- penses many manner ensmg from or growing out of its failure [o do so. Any mainunence or snow removal by the Lessee sha8 be carted out N a manner that will not mterfere xvsth silroad opeshons on trackage adjacent to the leased premises. (D) The 'base rent" for the first one (1) year period of the basic arm of the lease stated in paragraph 1. hereof shall be as hereinbetore set forth vt pasgsph 3. of this lease, but for each successive one (1) year period of the baallance mf sold basic term said `base rent" shall be such sum per annum as shall be determined following a reappetsa of the leased pre- mises at or near the expiratlon of the fiat or any succeeding one (1) year period. The rent adjustment referred to in this paegsph 4. (D) shall be conducted in the fallowing manner: There shall be a redeterminatron of the fa'v rental amount for the leased premises, exclusive of improvemenu thereon and without regard to the perticWar use to which they are et the time subjected, to fix the renal for one (1) year periods following the initial one (1) ear period of said basic term. If the parties fail to agree upon such redetermination within the thirty (30) day perod nett preceding the beginning of each one (1) year penod, the same shall be fixed by arbitretron. Each party shall promptly select one arbitrator, who shall be a qualified real eseu appeiser, but A either party shall tail to select an ecbnetor within fifteen (15) days after the other party sha8 have ulemed is arbitrator, the arbitstor so selemed by the other party shall select an arbitrator [or the party in default The two arbitrators so selected shall select a third arbitrator, who shall also be a qualified real estate apppraiser, and it they shall be unable to gree upon such third abitrator, the latter may be appointed by an Judge of the United Stites District Coup of the District in which said premises is locoed. l'he decision of a majority of the arbttstoa shall be finel and binding upon the parties hereto. All toss and expenses of such arbitstion shall be assumed and paid by the parties hereto on an equal basis. (E) In the event the 'base rent" is not adjured as provided in subparagreph (D) hereof, the 'base rent" shall hereafter be increased or decreased each biWng deu of this lease to an amount equal to the product o[ the 'base rent" mWtipbed by the fraction of the "radar" for the "comparison month" over the "index" [or the "base month"; provided however, that in no event shell Ihe'base rent" be less then the vid t prigs 3 a ova or subpesgraph (D) hereof. As used herein the Leon 'base rent" shall mean the rent sti paragraph 3 above or as adjusted as provided in subpaegsph (D) hereof. The term "index' shall mean the "all items" goup o[ the United Stites city avesge consumer price inde to )issued monthly by the Bureau at Labor Statistics of the United States Department of labor, or its suc- cessor. The term "comparison month" shall mean the month mori recently precedmg the billing date of this lease for which the "index" is available. The term "base month" shall mean February , 19 94 The "index' tort the'base month" wdl appear on the renal bill. S. The Lessee shall not place or permit any material, strocture, equipment, pole, beam, cable, wire or other obriroction, nearer than eight (8) feet six (fi) inches horzonally (measured at n tangles) from the center line of any edway tack now or hereafer tocaud upon or adjacent to the leased premises, or nearer than twenty-five (25 feet vertically measured from the top ot~the ell; nor permit any ezrevatron to be made or remain nearer than eight (8) feet six (S) inches horizontally from the center Gne of any such track. 6. The lessee shall, during the term of this lease, fully protM the leased premises from all mechanic' and maurialmen's liens accruing by reason of the constmction, main- tenance, repa'u, replacement or renewal of any buildings or improvemenu o[ the Lessee located upon the leased premises, or the use or occupancy thereof by the Lessee. 7. The Lessee shall not pernit any advertisemenu or signs upon the leased premises other than advenisemenu or signs relating striNy to the business which u being conducted thereon. 8. The Lessee shall not permit the existence of any nuisance upon the leased premises or permit them to be used for anyy purpose other than as herein authorized; shall at all times keep them in proper, clean, sate and sanitary conditron, and flee from brush, vegetation and accumulations of waste materials which may create a fire hazard; and shall at all times strictly comply with the regwremenu of all federel, sere and municipal regulations, ordinances and laws, end the orders of any duly consdst public authority now or hereafter in effect. W an way governing or regguulating occupancy or use of the leased premises by the Lessee, and at the Lessee's sole expense make all improvements, alteations, repairs or additions, and install all appbances regwred by ally such regulations, ordinances or laws. 9. (A) I[ is undeatood and agreed that the movement of railroad locomotives, trains or cars and the work incident to the maintenance of the right of way and track in close prox- i 'ry to the leased premises involves some risk of damage to structures and property thereon by fire, vitiation or smoke. The Lessee shell assume all liability for, and release and indem- nify the lessor from and against, any end all damages to structures, including them appurtenances, equipment and appliances located upon the leased premises, or an9 other property locoed thereon, regardless of whether or not caused by the negligence of the Lessor, ansing from fire, vibretron or smoke caused by or resulting from the opeetion yy the lessor o[ locomotives, mains or cars or the conduct by the Lessor of rarlroad mainunance in the vicinity of the leased premises, or from any other cause, except to the premises of the Lessor and to rolling stock belonging [o the Lessor or to others and to shipmenu in course of transportation. i~-~ (B) ThC Lessee hereby relaus the Lessor from. and agrees to indemnity it against allaoss. damage or injury cauxd by or resulting k6m any ac[ or omission by Ne Laue. its employees and agents, to Ne person or property of Ne parties nercro and Neir employees and agents. and to the person or property of any oNer Amon, firm or mrporetion, while on or about Ne leaud ppremises; and if any claim or Iiabihry, other than from fire. vibration or smoke. shall anx from the joint or concumng negligence of both panics hereto or Neir employees or agents, it shall be home equally by the pama hereto. - (C) The Lessor shall have Ne full benefit of any imunrrce effemed by Ne Lessee so far as may be necessary to protect Ne Lessor against any liability speed in subparc- graphs (A) and (B) of this paragraph, end all such insurance polrcis shW contain a clauu wherein Ne insurer waives iss ri tt a(rccoveryegairmt railway companies. 30.IA) The Lessee shall not dispox at or remove any buildings or improvements located upon the leased prcmius. without first paying all rent. taxes, assessments. licenu fees or other charges which may be due hereunder, or without first obtaining the written conxnt of Ne Lessor. (B) When any rent axes. assessments, licenu tea or oNer chugs payable hereunder arc past due. Ne Lessor shall have and is hereby granted a lien Nereforc upon Ne buildings and improvements of Ne Lessee lopxd upon Ne leased pmnises, including appliances, and upon Ntrty (30) dayi written notice to Ne Lessee may take possession of and x0 Ne same and apply the proceeds against such put due indebtedness. 11. I[ Ne lessee shall at any time fail Io perform or comply wiN an of the terms. covenanss or conditions of Nis lease, and such default continua for a period of ten (101 days after written notice Hereof by Ne Laser to Ne Lessee. Nen Ne Lessor may declare this leax at an end end foMvriN rc-enter and take absolute possession of Ne leased premiss. 12. This lease shall be subject to terminaton at any tlme olio Ne basic term stated in par~~aph 1 ~hercot by either party hereto upon Nirry (30) days' written notice to Ne other. When u terminated, Ne Lessor shall make proportionate refund to Ne lasso of rental Nat shall have been paitl in advance, aher deduction of my amounts payable by Ne Lessee hereunder. 13. If required by Ne Lessor to do so upon termination of Nis Iwe for any reason, Ne Lessee shall promptly remove all of lessee's buildings, improvemrnrs end property Nen located upon Ne laxd premises, BII up all exavations that may have been made, end sutrcndar wmpleu posxsaon of Ne premises to Ne leswr, in a condstron satisfactory to Ne Lessor. Should Ne I.easee fail to make such n:moval or rcsmrction, a Lessor, at iss election. may eiNa remove Ne lessee's buildings. improvements snd property and restore Ne leaud premises to substantially Neir former sate. at Ne sole apense of the lessee, or may retain Ne Lessee's buildings, improvements end property as Ne Lessofs sole property. t4. My notice of urmination or other notice @@van by Ne Lessor hereunder, shall be good if served upon Ne lesee, of fi deposited in ^ United States post otfia, certified mail, addressed to Ne Lessee at Ne last known address of Ne lessee. 15. Thin lease shall not be assigned or in any manner transferred by Ne Lasses, voluntarily or involuntarily, by operctlon of law or oNersriu, or Ne leased prcmius err buildings Hereon sable! used or occupied for Ne mndum of any business by any third person or eorporcdon, or for any purpou oNar Nan herein authorized, without Ne writtrn conunt of Ne lessor. Subject Hereto. Nis lean shW inure m Ne benefit oL and be binding upon, Ne heirs. executors. administrators, successors end assigns of the mpective parka. 16. This lax and all provisions Nercof shag be subject to rtvision at any lime if made necessary 6y any order or Bnding of Ne Intmnte Commerce Comnduson or sate authorities having jurisdiction. 17. The Lessee agrees Nat artifirial Eghung N pump houses. warehouses, or oNar rndosum where ofl or other inflammable fluid supplies are handled or stored, except whrn in unbroken original containers shell be by electnciry, and Nts electrial uratallauon and any other electrical instaBatlon on such premixs shall confirm m end be maintained in accordance with Ne "National Electrical Code", and in accordance wiN Ne recommendations for such locations ss embodied in Ne National Electrical Safety Code, and also in accordance vriN re- quvements of any local ordinance or State or Federal laws which may be N effect during Ne term of Nis lean. t8. The Lessee further ogres Net aher temdnation o! sae lean by either party for brash of any Provision of said lase by Ne Lessee or for any oNa reason, lessee shall continue to pay to Ne Lessor, at Ne rate in efien on Ne date of termrnaton. rrnul tar any period of time after said termnation during which Lessee remains in posession of Ne leased premises or during whteh any buildings or personal property of lessee rcmun on said leased premises. 19. Lessee further rnvenants and agrees Nat it wi0 pay end disc~gra~ and indemnify Ne Lessor against ariy and all loss, costs. damages and expenses sustained by Ne lessor IN- cluding reasonable attorneys' fes and legal expenss of N< Lessor) incvned 6y Ne lessor by reason of any bmseh by Ne Lessee of any of Ne carats, conditions or provisions cronreined in said leex. - - 2(1. The iessor does not warrant title to Ne premises referred to herein. 21. Lessee shall comply with all applicable ordinances, rules, regulations, requirements and laws (including common law) of any governmental authority or court controlling environmental standards and conditions on the leased premises. If, as a result of Lessee's operations hereunder, any such ordinance, rule, regulation, requirement or law is violated, Lessee shall protect, save harmless defend and indemnify Lessor from and against any claims, judgments, penalties, fines, costs and expenses, including legal fees and court costs asserted against, imposed upon or incurred by Lessor, where any such claim, judgment, penalty, fine, cost or expense is caused by, results from or is connected with such violation or violations. 22. This agreement shall be subject to the rights of all licenses, permits and easements for poles, wires, pipelines, sewers and billboards that exist or may be placed upon, across, above or underneath the leased premises by Lessor, its employees, agents, licensees, representatives or invitees. Lessor reserves unto itself, its employees, agents, licensees and representatives the right to place additional poles, wires, pipelines, sewers and billboards upon, across, above or underneath the leased premises and agrees that any such additional placements shall be conducted in a manner as to not unreasonably interfere with Lessee's operations thereon. IN WITNESS WHEREOF, Ne ponies herto have eased Nis lase m be duly executed, as o1 Ne day and year fast above wnttrn. 500 LINE IINLROAD COMPANY ........................................................................._........................... BY ......................................._......._.....__........................_._..._._......._........_......._._._.._.......- Inl'tesenceofatoLessor Assistant Vice President Real Estate GITX._Ok'_..RIGAFIELA._............_____._...._.__.._.._.__----._-... (lasso) ......................................................................................._........._.. er ......._._.._................................................_.._..........-..,~.__...._~._...._._..__.____._. In Presence of as to Lessee I t S _ ~PPROVEo CHIEF ENGINEER Not assignable without consent AREA FILE t " ~~.. r :: .. ... -.-~ : -, NUTS©BERECORDEDINPUBI+ICREC3pI~DS ~TL INDEX MF:~ .~ -- ~ CANC.__:.GD ' REMOVED -INDEX MAP ! ~ ~~ o~Q - ; ` ~w.f~s ~_~ 330_.. ~ ~ . . .~ .~ l i ~ ~ r ~ ~ ~`r ~. ,~ 4 ` ~ • 77t Y h Str ~~ ~ r £ ~ ' 11 T----= - - • - ~' ~f ~I~ ' LV ( ~' :: ~ ~ :q _ ,~ - ~ ~ t ~ ~ .r~ ~. 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Background: City staff has completed negotiations on a labor agreement for the year 1995 with the International Union of Operating Engineers Local 49 unit, subject to Council approval. The bargaining unit consists of approximately 40 City employees including Community Service Workers, Mechanics and Water Plant Operators. The significant changes which have been negotiated for the year 1995 are as follows: • A 2% adjustment over 1994 wage rates effective the first payroll in 1995, and another 1% adjustment effective July 1, 1995, for all classifications. This is a total cost increase of percentage increase of 2.5% for the Unit and falls within the 1995 adopted budget. • Changing the classification and compensation of Leadworker (temporary) to LT6 paid at $1.00/hour over the LT3 rate. • A $20.00 monthly increase in the City's contribution for dependent health insurance for a maximum of $335.00/month. This maximum contribution is identical to General Services and Management employee groups for 1995. • The City's contribution for single dental insurance is increased by $1 per month for a maximum of $24.00/month. This maximum contribution is also identical to the General Services and Management employee groups for 1995. • A $5,000 increase in the amount of term life and accidental death and dismemberment insurance from $15,000 to $20,000. This increase is also identical to the General Services and Management employee groups for 1995. • An increase in the Personal Leave accrual rate by 0.15 hours biweekly, from 1.85 hours to 2.0 hours biweekly. This reflects an increase of 4 hours per year. • Reimbursing employees who choose to purchase prescription safety glasses $15 per pair, per year. The term of the Labor Agreement is from January 1, 1995 through December 31, 1995. ll-I Recommended Motion: Adopt the attached resolution approving a Labor Agreement with the International Union of Operating Engineers Local No. 49 unit for the year 1995. Basis of Recommendation: 1. The City has met and negotiated with Local 49 for the settlement of the 1995 Labor Agreement and has agreed upon a tentative settlement as outlined in this Council letter. 2. Wage and benefit settlements are comparable to other City of Richfield employee groups. 3. The Local 49 employees have voted on the issues and have given their approval. Alternative Recommendation: Do not approve the Labor Agreement, requiring further negotiations and/or arbitration. Discussion/Decision Mode: In order to allow the City's accounting personnel to modify payroll records and enact the new pay rates retroactive to January 1, 1995 as soon as possible, it is recommended that the City Council act on April 24, 1995 to adopt the attached resolution providing for the adoption of the 1995 Labor Agreement, effective January 1, 1995. Respectf submitted, f _ --~;~! James ~~ Prosser City Manager JDP:ds /I-~- RESOLUTION NO. RESOLUTION APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 49 AFL/CIO FOR THE YEAR 1995 WHEREAS, the City Manager has reached an agreement with the International Union of Operating Engineers Local 49 for the year 1995; and WHEREAS, the Personnel Ordinance requires that contracts between the City and the exclusive representative of employees in an appropriate bargaining unit shall be implemented by Council resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the Labor Agreement between the City of Richfield and the International Union of Operating Engineers Local 49 for the year 1995, and that the City Manager is hereby authorized to execute the same on behalf of the City of Richfield. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of April, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk b .~, w u -,~ V-I O T L .r.~ U C } 0 J Z U 0 H U I a w 0 a H O~ O z Z ~ u ~ W U C p u .-a L': in ~ _ J z O i~ u C/') 0 V J Z ~~ S~ C V r. 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I c I W V < n ~ W d O ,c, ~ V ~ A .= A C N ~ ~ x W y 1 q C O a d q Q C 0 ~' ` Y I y" rm „ 3 :: 5 N~ ::~ N= N E NEE I N A _ ,_ n ^ C1 o' E ~- ;, m c Cr y c d N i m E J O e N d v O n R d C a y •- C M v°i e m E j~! 0 n h i ~ o ~ m Y A .• E ~ v vii e m E 3 O C ~ y ~ C • ~ O O~ d ~ ~ m < V ~ N li-5 LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO. 49, AFL-CIO JANUARY 1, 1995 - DECEMBER 31, 1995 -(v TABLE OF CONTENTS PAGE ARTICLE 1 PURPOSE OF AGREEMENT .............................. 1 2 DEFINITIONS ....................................... 1 3 RECOGNITION ....................................... 2 4 PART-TIME EMPLOYMENT..., ............:............ 3 5 UNION SECURITY.................. ................'.. 4 6 EMPLOYER SECURITY ................................. 4 7 EMPLOYER AUTHORITY ................................ 5 8 EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE ............... 5 9 SAVINGS CLAUSE .................................... 10 10 RECORDS ........................................... 11 11 WORK SCHEDULES .................................... 11 12 OVERTIME PAY ...................................... 12 13 COMPENSATORY TIME .:............................... 13 14 CALL BACK ......................................... 13 15 LEGAL DEFENSE ...................... ...........:.... 14 16 RIGHT OF SUBCONTRACT .............................. 14 14 17 DISCIPLINE.. .................................... 18 PROBATIONARY PERIODS... ........... .......... 14 19 SENIORITY ......................................... 15 20 SAFETY ..................................... ..... 15 21 JOB POSTING ....................................... 16 22 HOLIDAY LEAVE ..................................... 16 23 VACATION LEAVE .................................... 18 24 PERSONAL LEAVE .................................... 20 25 LONGEVITY ......................................... 20 26 INSURANCE ............... ... ..................:..... 21 i ~-~ 27 BEREAVEMENT LEAVE... •••••••••••••••••••••••••••••• 22 28 TUITION.REIMBURSEMENT ............................. 22 29 UNIFORMS AND CLOTHING ............................. 23 30 COFFEE BREAKS ..................................... 23 31 WAGES ..................... ....................... 24 32 WORKING OUT OF CLASSIFICATION....................... 25 33 DRUG AND ALCOHOL TESTING .......................... 25 34 WAIVER ............................................ 26 35 DURATION ....:..................................... 26 JI-~ LABOR AGREEMENT BETWEEN THE CITY OF RICHFIELD AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL N0. 49, AFL-CIO ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Richfield hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of_public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE 2 DEFINITIONS 2.1 UNION: The International Union of Operating Engineers, Local No. 49, AFL-CIO. 2.2 EMPLOYER: The City of Richfield. 2.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49, AFL-CIO. 1 n-~ 2.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 2.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 2.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE III - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return, to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under ,this AGREEMENT. 2.7 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 2.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 2.9 CALL BACK: Return of an employee to a specified work site to perform assigned duties. at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 3 RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all job classifications listed below whose employment service exceeds the lesser of 14 hours per week or 35 per cent of the normal work week and more than 100 work days per year, excluding supervisory, confidential and all other employees:' 2 ~/~~~ 3.1 The EMPLOYER recognizes the UNION as the exclusive representative under MN Statutes, Section 179.71, Subd. 3, in an appropriate bargaining unit consisting of all employees of the following job classifications: GRADE CLASSIFICATION ~LT1 Community Services Worker LT3 Automotive Mechanic Assistant LT3 City Forester LT6 Leadworker (Temporary) LT4 Meter Repair & Record Control Worker LT5 Automotive. Mechanic LT5 Community Services Worker .III LT5 Water Plant Mechanic LT5 Water Plant Operator 3.2 It is agreed by the EMPLOYER and the UNION that the appropriate bargaining unit contained herein shall not include Custodians. ARTICLE 4 PART-TIME EMPLOYMENT 4.1 Part=time employees regularly assigned by the EMPLOYER to work more than twenty (20) hours per week will receive pro-rata benefits under this Labor AGREEMENT except for monthly premiums for group insurance benefits, which shall not be applicable to part-time employees covered by this AGREEMENT. 4.2 Part-time employees regularly assigned by the EMPLOYER to work less than twenty (20) hours per week shall not receive any benefits under this Labor AGREEMENT. 3 11-1 I ARTICLE 5 UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues established"by the UNION from the wages of all employees authorizing in writing such deduction,. and 5.2 Remit such deduction to the appropriate designated officer of the UNION. 5.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 5.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, order or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 5.5 Not more than one (1) member of the Union Negotiating Committee may be absent from duty with full pay for negotiation sessions for the purpose of .negotiating terms of an agreement if such sessions are scheduled at a time when a negotiating team member is scheduled to be on duty. Such absences from work must be approved by the Division Head and only if the Division Head determines that the absence would not be detrimental to Division work programs. ARTICLE 6 EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will 4 v~-~~- not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 7 EMPLOYER AUTHORITY '7.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to .select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 7.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 8 EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 8.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 8.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the 5 II-13 names of such UNION representatives and of their successors when so designated. 8.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 8.4 PROCEDURE Grievances, as defined by Section 8.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE's supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing 6 ~~-1~ setting forth the nature of the grievance, the facts on which it is based, the provision nor provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final 7 ~-~~ answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10} calendar days shall be considered waived. Step 4. A~grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation '. Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance ,unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provision of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree on an arbitrator, then the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 8.5 AR$ITRATOR'S AUTHORITY. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. 8 i~-~~ B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 8.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at 9 that step and immediately appeal the grievance to the next .step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 8.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE 8 or a procedure such as: Civil Service, Veteran's Preference,. or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE 8 the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE 8. The aggrieved employee shall indicate in writing which procedure is to be utilized--Step 5 of ARTICLE 8 or another appeal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE 8. ARTICLE 9 SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State. of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shal'1 be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. 10 Il-1 g ARTICLE 10 RECORDS 10.1 The UNION agrees that whenever the EMPLOYER provides the UNION access to personnel data pursuant to Minnesota Statutes, Section 13.43, Subdivision 6, the UNION will maintain the data on individuals that it receives according to the statutory provisions applicable to the data. ARTICLE 11 WORK SCHEDULES 11.1 The sole authority of work schedules is'the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 11.2 Service to the public, may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 11.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown. of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 11.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. 11 r I -iq ARTICLE 12 OVERTIME PAY 12.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period .(except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the employee's regular base pay rate. A. Plant Operators who work hours in excess of. eight (8) hours within a twenty-four (24) hour period (except for shift changes) with the expressed authorization of the Employer, or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1 1/2) times the Employee's regular base pay rate. B. A Relief Operator who works in excess of two shifts within a seven (7) day work schedule, as established by Employer, shall be treated as a Plant Operator for the purposes of overtime computation. It is understood that all paid leave accrual is based on an eight (8) hour day for shift employees. It is further understood that all leave usage for shift employees shall be on an hour-for-hour basis. Thus, an Employee using leave on a day when such employee was scheduled to work eight (8) hours shall be charged eight (8) hours of leave use. Nothing herein shall abridge the EMPLOYER'S sole authority to establish or modify work schedules, nor shall anything contained herein be construed as a guarantee of the minimum or maximum number of hours the EMPLOYER can assign Pmployees. 12.2 Overtime will be distributed as equally as practicable. 12.3 Overtime refused by employees will for record purposes under ARTICLE 11 be considered as unpaid overtime worked. 12 u-ao 12.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 12.5 Overtime work on a job classification shall first be offered to employees who are regularly assigned to such a job classification. However, .nothing shall .preclude the EMPLOYER in the event of an emergency from assigning overtime to any employee covered by this agreement regardless of regular assignment. ARTICLE 13 COMPENSATORY TIME 13.1 An employee may request compensatory time as defined herein in lieu of overtime cash payments for overtime worked which has been authorized by the EMPLOYER. The decision to grant overtime pay or compensatory time will be made by the EMPLOYER. 13.2 Compensatory time may be earned at the rate of time and one-half for hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or in excess of forty (40) hours within a seven (7) day period. 13.3 Compensatory time. accumulation shall not exceed a maximum bank of eighty (80) hours. 13.4 All requests for earned compensatory time off shall be submitted to the EMPLOYER for approval and be filed in the prescribed manner with the Personnel Office. ARTICLE 14 CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) 13 li-ai hour's pay at one and one-half (1-1/2) times the employee's base pay rate. ARTICLE 15 LEGAL DEFENSE 15.1 Employees involved in litigation because of negligence, ignorance of la~1s, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 15.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees acid court costs actually incurred by such employee in defending against such charge. ARTICLE 16 RIGHT OF SUBCONTRACT .Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE 17 DISCIPLINE The EMPLOYER will discipline employees only for just cause. ARTICLE 18 PROBATIONARY PERIODS 18.1 All newly hired or rehired employees will serve a six (6) months probationary period. 14 ii-aa 18.2 All employees will serve a six (6) months probationary period in any job classification in which the employee has not served a probationary period. 18.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 18.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 19 SENIORITY 19.1 Seniority will be the .determining criterion for transfers, promotions and lay offs only when all job-relevant .qualification factors are equal. 19.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay- off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. ARTICLE 20 SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. 15 li-a3 ARTICLE 21 JOB POSTING 21.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated. bargaining unit shall be filled based on the concept of promotion from within .provided that applicants: 21.11 have the necessary qualifications to meet the standards of the job vacancy; and 21.12 have the ability to perform the duties and responsibilities of the job vacancy. 21.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE 17 (PROBATIONARY PERIOD). 21.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 21.4 Job vacancies within the designated bargaining unit-will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 22 HOLIDAY LEAVE 22.1 Employees, except for permanent part-time and part-time probationary employees, shall receive twelve (12) holidays per year. Full-time shift employees shall receive ninety-six (96) hours of holiday leave per year. Holiday leave for such employees may be accrued to a maximum of ninety-six hours. Permanent pa"rt- time and part-time probationary employees shall receive a proportional part of each eight-hour holiday based on the following formula: 16 Average Hours worked each day (excluding holiday) during pay period in which holiday occurred Less than 4.0 4.0 - 5.9 6.0 - 7.9 8.0 /~-~~ Number. of holiday hours granted 0 4 6 8 22.2 The following paid holidays will be granted to all employees other than shift employees: New Year's Day on January 1; Martin Luther King, Jr. Day on the third Monday in January; President's Day on the third Monday in February; Memorial Day on the last Monday. in May; Independence Day on July 4; Labor Day on the first Monday in September; Veteran's- Day on November 11; Thanksgiving Day on the fourth Thursday in November; Thanksgiving Friday on the Fourth Friday in November; and Christmas Day on December 25. Employees shall receive one floating holiday to be scheduled with the approval of the Department Head or his designated representative. Employees shall receive one additional holiday each year, the specific date of which shall be .designated by the City Manager at the beginning of each year during which said holiday shall occur. 22.3 Shift employees shall receive the Martin Luther King holiday to be used as a floating holiday under provisions of this article. 22.4 Shift employees may request holiday leave at any time during the year with the provision that all such leave requests must be approved by the Department Head or the designated representative. In approving such schedules, the Department Head or the designated representative shall consider the needs of the municipal service 17 .~ ~' ~~ and the wishes of the employee and shall respond to the employee's request within a reasonable length of time. Shift employees shall be~charged for the use of holiday leave in the amount of not less than two (2) hours per occurrence. 22.5 All employees other than shift employees who are required to work on a named holiday shall be compensated at the .rate of one and one- half (1 1/2) times their base rate in addition to receiving eight (8) hours of holiday pay. 22.6 A shift employee who voluntarily terminates his employment with the EMPLOYER shall be paid for his accumulated holiday leave hours as of his termination date provided he has given two weeks written notice of his termination. Employees who voluntarily terminate prior to completing a-year of continuous and active City service. shall not be eligible for terminal holiday leave pay.. ARTICLE 23 VACATION LEAVE 23.1 All permanent and full-time probationary employees shall be eligible for vacation leave upon accrual except that no employee shall be allowed to use vacation leave until after the completion of one full year of employment. 23.2 Full-time employees shall accrue vacation leave according to the following schedule: A. From the beginning of continuous employment through the fifth (5th) year of continuous employment, each employee shall earn vacation at the rate of 3.70 hours per pay period (twelve (12) days per year). 18 ~~-a~ B. From the beginning of the sixth (6th) year and on through the tenth (10th) year of continuous employment, each employee shall earn vacation at the rate of 4.62 hours per pay period (fifteen 23.3 (15) days per year). C. From the beginning of the eleventh (11th) year and on through the fifteenth (15th) year of continuous employment, each . employee shall earn vacation at the rate of 5.54 hours per pay period (eighteen (18) days per year). D. From the beginning of the sixteenth (16th) year of continuous employment, and on, each employee shall earn vacation at the rate of 6.16 hours per pay period (twenty (20) days per year.). Part-time permanent and part-time probationary employees shall accrue vacation leave according to the following formula: Number of hours Number of vacation worked biweekly hours granted biweekly Less than 40 0 40 - 59 1.85 60 - 79 2.78 80 ~ 3.70 23.4 Vacation leave may be accumulated to a maximum of 240 hours. This provision can be waived if written authorization is obtained from the Department Head or the designated representative. Employees shall use vacation leave in the amount of not less than two hours. 23.5 In the event an employee voluntarily terminates employment with the EMPLOYER, the employee shall be paid for the accumulated vacation hours as of the termination date, provided the employee has given two (2) weeks notice of the employee's termination. Employees who 19 ~~ ~~ voluntarily terminate prior to completing a year of continuous and active City service shall not be eligible for terminal vacation PaY• 23.6 All vacation leave must be approved by the Department Head or the designated representative and filed in the prescribed manner with the Personnel Office. ARTICLE 24 PERSONAL LEAVE 24.1 Personal Leave with pay is granted to all full-time permanent and full-time probationary employees at the rate of 2.0 hours biweekly, up to a maximum of 16,0 hours. Personal leave may be used for any reason, and is required to be used for illness or injury necessitating absence from work, except when the employee is eligible for short-term disability or long-term disability benefits. 24.2 All personal leave must be approved by the Department Head or the designated representative and filed in the prescribed manner with the Personnel Office. 24.3 In the event. an employee terminates employment with the EMPLOYER in good standing, the employee shall be paid for the accumulated personal leave hours as of the termination up to a maximum of 160 hours. ARTICLE 25 LONGEVITY 25.1 Eligible employees shall receive a longevity payment of 1 percent based on current biweekly base salary after the completion of five years of continuous service. Eligible employees shall receive a 20 ~/ ~~ longevity payment of 2 percent after the completion of ten years of continuous service, such payment to be based upon the employee's regular base rate. Eligible employees shall receive a longevity payment of 3 percent based on current biweekly base salary after the completion of fifteen years of continuous service. 25.2 No employee appointed to City service after July 1, 1980 shall be eligible for longevity payments. For purposes of computing longevity benefits, "eligible employee" as used in this article shall mean an employee appointed prior to July 1, 1980, who has achieved the prescribed number of years of continuous service for each longevity step. ARTICLE 26 INSURANCE 26.1 The EMPLOYER will contribute up to a maximum of three hundred thirty-five dollars (5335.00) per month per employee for group health insurance including dependent coverage. 26.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance other than the .individual group health insurance. -26.3 The EMPLOYER will provide the employees with term life and accidental death and dismemberment insurance in the amount of $20,000. Additional life insurance can be .purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 26.4 The EMPLOYER will contribute up to a maximum of twenty-four dollars ($24) per month per employee for individual dental coverage under a plan selected by the EMPLOYER. 21 rl -a9 26.5 The EMPLOYER will provide all full-time permanent and full-.time probationary employees with Short-term Disability Insurance. Short-term Disability Insurance will accrue to eligible employees at the rate of two (2) benefit days per month, up to a maximum of 122 .benefit days. Short-term Disability Insurance will provide a disability income for qualifying absences at a rate of 1000 of the employee's regular base wage and become effective on the 11th continuous working day of a qualifying absence and continues up to a maximum of 122 days, or until the employee's accrued days have been exhausted, whichever occurs first. An employee shall not be eligible for Short-term Disability Insurance once the employee has qualified for Long-term Disability Insurance. 26.6 The EMPLOYER will provide eligible employees with a Long-term Disability Insurance as selected by the EMPLOYER. Long-term Disability Insurance will: become effective after 180 consecutive calendar days of qualifying absence from work due to disability; be equal to 60% of the employee's regular base wage at the time of disability; and will be subject to integration with benefits payable by other plans.. ARTICLE 27 BEREAVEMENT LEAVE The EMPLOYER will grant to eligible employees up to a maximum of 16 hours of bereavement leave for the death of a spouse, parent, child, sibling, grandparent, grandchild, mother-in-law, father-in-law, brother- in-law or sister-in-law. ARTICLE 28 TUITION REIMBURSEMENT 22 //- 30 The .EMPLOYER shall provide the benefits of the Richfield Employee Education Program. ARTICLE 29 UNIFORMS AND CLOTHING 29.1 The EMPLOYER shall provide~Automotive Mechanics with appropriate work clothing as determined by the EMPLOYER, which shall be maintained by the EMPLOYER. The City will supply employees temporarily assigned to work in the Garage/Mechanic area appropriate work clothing as determined by the EMPLOYER, which shall be maintained by the EMPLOYER. This clothing will not be issued to the employee and shall remain the property of the EMPLOYER. The EMPLOYER shall provide the Meter Repair and Record Control Worker, Water Plant Mechanic, Sewer Maintenance and Water Maintenance Workers and Water Plant Operators with appropriate work clothing as determined by the EMPLOYER, which shall be maintained by the employee. 29.2 For an employee who wears prescription corrective lenses who chooses to purchase prescription safety glasses, the EMPLOYER will reimburse the employee $15.00 per pair, per year. ARTICLE 30 COFFEE BREAKS Employees shall be granted a fifteen minute rest period on two separate occasions during each eight (8) hour work shift. One rest period shall be taken in the morning and.one in the afternoon. Such rest periods shall be taken in the field at the job site unless inclement weather would make such a practice unreasonably difficult. 23 ~'~~1 ARTICLE 31 WAGES _ 31.1 The following wage schedule will be in effect from the first payroll period in 1995 through the last payroll period in 1995. First 1995 Payroll 7-1-95 through Last GRADE through - 6-30-95 1995 Payroll LT1 I $10.99/hr.~ $11.10/hr. LT2 $14.10/hr. $14.24/hr. LT3 $14.69/hr. $14.84/hr. LT4 $14.91/hr. $15.06/hr. LT5 $15.24/hr. $15.39/hr. LT6 515.69/hr. $15.84/hr. 31.2 The following wage progression for Community Services Worker (LT1) will be effective commencing January 1, 1995 through June 30, 1995 and July 1, 1995 ending December 31, 1995. First 1995 Payroll 7-1-95 through Last through - 6-30-95 1995 Payroll Step I $10.99/hr. $11.10/hr. Step II $11.92/hr. $12.04/hr. Step III $12.88/hr. $13.01/hr. Step IV 513.83/hr. $13.97/hr. Step V $14.69/hr. $14.84/hr. Progression Through Steps The entire evaluation and progression decision is at the sole discretion of the EMPLOYER. Step I Hire Step II After l year and attainment of criteria established at sole discretion of the EMPLOYER. 24 ~~-3a Step III After 2 years and attainment of criteria established at sole discretion of the EMPLOYER. Step IV After 3 years and attainment of criteria established at sole discretion of the EMPLOYER. Step V After 4 years and attainment of criteria established at sole discretion of the EMPLOYER. ARTICLE 32 WORKING OUT OF CLASSIFICATION 32.1 All new employees hired after February 7, 1984 may be classified at the sole discretion of the .EMPLOYER as Community Services Worker I and receive Working Out of Classification pay. 32.2 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the Community Services Worker III rate of pay for those hours assigned to the unit: Motor Patrol Front .end loader of more than 2.5 yds. capacity Street Sweeper* Backhoe with at least 6 ft. reach PR75 Pavement Pro Filer * Including Vac-All equipment, only when being used for sweeping purposes. ARTICLE 33 DRUG AND ALCOHOL TESTING POLICY The EMPLOYER and UNION agree to the City's implementation of a mandatory drug and alcohol testing program for all Employees represented by the UNION. 25 l~-.~~ ARTICLE 34 WAIVER 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employments, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of~ employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at .the time this contract was negotiated or executed. ARTICLE 35 DURATION This AGREEMENT shall be effective as of January 1, 1995 and shall remain in full force and effect until the 31st day of December 1995. 26 ii-3 ~ IN WITNESS WHEREOF, the parties hereto have executed this. AGREEMENT on this day of April, 1995. FOR THE CITY OF RICHFIELD: City Manager Administrative Services Director Personnel Manager FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO: 27' DRUG AND ALCOHOL TESTI/NG CITY OF RICHFIELD ~` -~~ PERSONNEL POLICY DATE: June 10, 1991 SUBJECT: Drug and Alcohol Testing Introduction The purpose of this Personnel Policy is to implement Minnesota Statute-1'81, regulating drug and alcohol testing of employees and job applicants. Policy All present employees and all job applicants are subject to drug and alcohol testing in conjunction with the provisions of Minnesota Statutes, Sections 181.950-181.957, and the following provisions: 1. Circumstances Under Which Testing May Occur. Drug and alcohol testing may - As part of an employee's r~ the employee will be given - For all job applicants who offer of employment. - Without notice if the City a current employee: be requested and required: agiiired annual physical for which at least two weeks notice. have received a conditional has a reasonable suspicion that a. Is under the influence of drugs or alcohol; Under the Influence shall be determined to be present if the employee is perceptibly impaired; has impaired alertness, coordination, reactions, responses or effort; if the employee's condition threatens the safety of him/herself or others; or if the employee's condition or behavior presents the appearance of unprofessional or irresponsible conduct detrimental to the public's perception of the City as an employer as determined by the Supervisor or Manager or others observing the employee. b. Has violated the City's written ordinances, rules, or policies related to drugs and alcohol; 28 Jf~ ~ ~ c. Has sustained or caused another person to sustain a serious personal injury; or d. Has caused a serious work related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a serious work related accident. 2. Testing Without Prior Notice. Testing without prior notice may be given empJ.oyees who have been referred by the employer for chemical dependency treatment or evaluation which refers the employee to a treatment program or who are participating in a chemical dependency treatment program under an employee benefit plan or have participated in a chemical dependency treatment program in the prior two years. 3. Refusal to Submit to Testing. If an employee refuses to submit to drug and alcohol testing carried out in conjunction with this policy, the employee may be subject to discipline including, but not limited to, discharge. An employee may request a hearing under a negotiated agreement if permitted, or under the Richfield Code, 310.47 Subd. 2. If a job applicant refuses to submit to drug and alcohol testing carried out in conjunction with this policy, the job applicant may not be hired. 4. First Failure to Pass Drug and Alcohol Testing. An employee who for the first time has a positive test result on a confirming test will not be subject to discharge unless: a. The City has given the employee an opportunity to participate in,a drug or alcohol counseling or rehabilitation program, and b. .The employee has refused to participate or has failed to successfully complete the program within a reasonable time. 5. Failure to Pass Drug and Alcohol Testing Generally. An employee who receives a positive test result, fails or refuses a confirmatory test and does not request in writing a confirmatory retest within five working days after notice of positive confirmatory test results, may be subject to discipline including, but not limited to, discharge subject to provisions in this policy. Such an employee may request a hearing under a negotiated agreement if permitted or under the Richfield Code, Section 310.47 Subd. 2. A job applicant who receives a positive test result, fails or refuses a confirmatory test, does not request in writing a confirmatory retest within five working days after notice of positive confirmatory test results, may be refused employmen~c and will be notified of the reason for such refusal. 29 ! ~~~~ 6. Rights of Employee or Job Applicant and Other Appeal Rights. An employee or job applicant who receives a positive test result has the right to receive a copy of the test and, within three working days of notice of the positive test result, to submit .information to the City to explain the result or may request in writing within five working days of notice a confirmatory retest of the original sample at the employee's or job applicant's own expense. 7. Acknowledgement. a. Employees will be given a copy of this policy at the time o'f implementation .and will indicate on a form that they have seen and been given a copy of the policy. b. New employees will be given a copy of the policy at orientation. c. Job applicants conditionally offered a position will receive a copy of this policy before testing. Procedures 1. The City of Richfield shall designate the licensed laboratory facility that shall conduct such tests. 2. This policy shall be distributed to each employee. Each Department shall retain a copy for employee review. Approved: 34-89 City Manager 30 l 1 ~.3~ DRUG AND ALCOHOL TESTING POLICY I acknowledge receipt of Personnel Policy No. 34-89, Drug and Alcohol Testing. I have read the Policy and have been able to ask my Supervisor questions about any part. of the Policy I do not understand. EMPLOYEE NAME: SIGNED: DATED: #4021-52 31 NOTICE OF DRUG. OR ALCOHOL TEST RESULTS //'s~ 1 EMPLOYEE NAME: DATE RESULTS RECEIVED FROM TESTING COMPANY: CHECK AS APPROPRIATE: The result of your initial screening test was negative. The result of your confirmatory test was negative. The result of your confirmatory test was positive. RIGHTS OF EMPLOYEE OR JOB APPLICANT IF CONFIRMATORY TEST IS POSITIVE: 1. The employee or job applicant has the right to request and receive from the employer a copy of the test result report. 2. Within three working days after notice of a positive test result on a confirmatory test, the employee or job applicant may submit information to the employer,. in addition to any submitted prior to the giving of a urine sample, to explain the test result. 3. Within five days after notice of a positive confirmatory test, the employee or job applicant may request a confirmatory re-test of the original .sample at the employee's. or job applicant's expense. Within .three days after receiving the employee's or job applicant's re-test request, the employer shall notify the testing agency of the employee's or job applicant's request. The employee or job applicant may request a different testing agency licensed under Chapter 181. If the confirmatory re-test does not confirm the original positive test result, no .~ adverse personnel action based on the original confirmatory test may betaken against the employee or job applicant. I have received a copy of this completed document. SIGNED: DATED: 4 ~o CITY OF RICHFIELD, MINNESOTA Council Letter No. 116 Agenda April 24, 1995 Issue Statement: Consideration of a supplemental agreement to an Agency Agreement with the Minnesota Department of Transportation for construction engineering for a landscape contract and additional work performed in Phase I of the 77th Street Project. Background: On February 27, 1995, the Council approved supplemental agreement #3 to an Agency Agreement with the Minnesota Department of Transportation to receive 80% federal funds to compensate the City of Richfield for additional construction engineering work performed as part of the Phase I construction of 77th Street. Since then, the Minnesota Department of Transportation approved $177,277.50 for the additional construction engineering work performed by BRW in Phase I. However, MnDOT included an extra $48,856 for construction engineering work needed to oversee the landscaping contract for Phase I of the 77th Street Reconstruction Project. This additional work was not included in the February 27, 1995, Council Letter requesting Council approval. Funds for the additional work will come from federal highway funds (80%); Minnesota State Trunk Highway funds (15%); and Richfield's Municipal State Aid Streets Funds (5%~. Recommended Motion: Approve the supplemental agreement to the agency agreement with the Minnesota Department of Transportation for construction engineering on Phases I and II of the 77th Street Project including inspection of the Phase I landscape contract. Basis of Recommendation: 1. City staff have reviewed the request for additional funds and found it to be reasonable. 2. The consultant has been performing the inspection work on the 77th Street Project in an acceptable manner. 3. The inspection work on the Phase I landscape contract of the 77th Street Project is a necessary function to be performed by the City of Richfield's construction engineering consultant. Alternative Recommendation: None. ~~--1 Discussion/Decision Mode: A decision is needed as soon as possible so the consultant can be reimbursed for the work needed to complete the inspection of Phase I of the 77th Street Project. Respectf by submitted, ~~ r ~: i Jame~~. Prosser City Manager JDP:cak ~~ ~~ RESOLUTION NO. RESOLUTION RELATING TO SUPPLEMENTAL AGREEMENT TO AGENCY AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ENGINEERING; 77TH STREET PROJECT WHEREAS, the Minnesota Department of Transportation (MnDOT) and the City of Richfield (City) negotiated Supplemental Agreement #3 to Agency Agreement No. 70967 on Construction Engineering for the 77th Street Reconstruction Project; and WHEREAS, Supplemental Agreement #3 to Agency Agreement No. 70967 is essential for the City of Richfield to finance the construction engineering work for Phases I and II of the 77th Street Project including construction inspection of a Phase I landscape contract and additional construction work in Phase I. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, as follows: 1. That pursuant to Minnesota Statutes, Section 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent, federal aid funds which may be made available for eligible construction engineering costs for SP 157-108-17 and SP 157-108-21. 2. That the Mayor and City Manager are hereby authorized and directed for and on behalf of the City of Richfield to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in Agreement No. 70967. Passed by the City Council of the City of Richfield this 24th day of April, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk CITY OF RICHFIELD, MINNESOTA Council Letter No. 115 Agenda April 24, 1995 Issue Statement: Public hearing and second reading of a comprehensive revision of the Zoning Code. Background: The Planning Commission with the assistance of staff and the City Attorney's office has been reviewing and revising the Zoning Code over the past year. A number of issues have dictated the review including the following: • The Zoning Ordinance is old with archaic terminology. • Amendments have been made on a piecemeal basis. • There are inconsistencies between sections. • Administration of the ordinance is difficult. • Site specific provisions hinder consistency. • New uses force constrained interpretations. • The format is not easily understood or utilized. A comprehensive amendment is being proposed rather than line by line amendment although such is available for review. The comprehensive revision of the Zoning Code was previously distributed at the March 6 Study Session and first reading was held by the City Council on March 27, 1995. Recommended Motion: Conduct a public hearing and approve second reading of the comprehensive revision of the Zoning Code and authorize publication of the revision summary as attached. Basis of Recommendation: 1. The Planning Commission has comprehensively reviewed the Zoning Code. 2. The proposed changes are extensive but the basic philosophy is unchanged. 3. Sections have been rearranged and graphics added to make the code more user friendly. 4. Changes are more easily understood and publication is less costly if the old code is repealed and the new code adopted. 5. The Planning Commission voted unanimously to recommend adoption of the comprehensive revision of the Zoning Code by the City Council. q- Alternative Recommendation: 1. The Council may decide to not adopt the ordinance amendment. 2. The Council could suggest modifications and return the ordinance to the Planning Commission for further consideration. Discussion/Decision Mode: A public hearing and second reading is scheduled for 7 p.m. on April 24, 1995. Respectf ly submitted, James .Prosser City Manager JDP:cak ~e- ZO/11(~ C(~d'-~ 1 S l~;O i Cti~c C~-~C~ RESOLUTION NO. ~-a RESOLUTION APPROVING SUMMARY PUBLICATION OF AN AMENDMENT TO APPENDIX B OF THE RICHFIELD CITY CODE WHEREAS, the City has adopted the above referenced amendment to the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. AN ORDINANCE AMENDING AND RENUMBERING SECTIONS 505, 510, 515, 525, 530, 540, AND 545 OF APPENDIX B TO THE RICHFIELD CITY CODE; RECODIFYING AND REVISING THE ZONING REGULATIONS FOR ALL ZONING DISTRICTS IN THE CITY; REPEALING OLD SECTIONS 505, 510, 515, 525, 530, 540, AND 545 OF APPENDIX B TO THE RICHFIELD CITY CODE (SUMMARY PUBLICATION) The above referenced actions have been taken pursuant to the authority of Minnesota Statutes, section 462.357. This summary of the amendment is published pursuant to section 3.12 of the Richfield City Charter. The purpose of the amendment is as follows: 1. to assist in the implementation of the City's Comprehensive Plan; 2. to foster a harmonious and workable relationship among land uses; 3. to promote the stability of existing land uses which conform to the Comprehensive Plan, and. to protect them from inharmonious influences and harmful intrusions; 4. to promote the City's great interest in protecting and preserving the quality of its neighborhoods and commercial districts, as well as the quality of urban life; 5. to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the city as a whole; 6. to foster the provision of adequate light, air, space, bulk, and density; 7. to promote a safe and effective traffic circulation system; ~~ 8. to protect and enhance real property values; and 9. to safeguard and enhance the physical appearance of the City. The Ordinance applies to land within the corporate boundaries of the City. The amendment describes and establishes various districts in which specified areas of land uses are permitted. The various districts are as follows: R Single Family Residential District R-1 Low Density Single Family Residential District MR-1 Two-Family Residential District MR-2 Multiple-Family Residential District MR-3 High Density Multi-Family Residential District C-1 Neighborhood Business District C-2 General Commercial District C-3 High Density Commercial District I Industrial District PUD Planned Unit Development District The Amendment establishes procedures for the amendment of the land use regulation, the rezoning of property, the granting. of variances and conditional use permits and sets off-street parking requirements. The amendment also directs the City Clerk to delete references throughout the Richfield Ordinance Code to the sections of Appendix B hereby repealed; and to substitute, as appropriate, references to the amended sections. The amendments will be effective 30 days following the date of this publication, except that those provisions of the current ordinance of the City which deal with the MR district shall not be repealed until further action of the City Council_ Copies of the amendment are available for public inspection in the Department of Community Development during normal business hours. Adopted by the City Council of the City of Richfield, Minnesota this 24th day of April, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk 9~ BILL NO. AN ORDINANCE AMENDING AND RENUMBERING SECTIONS 505, 510, 515,525, 530, 540 AND 545 OF APPENDIX B TO THE RICHFIELD CITY CODE; RECODIFYING AND REVISING THE ZONING REGULATIONS FOR ALL ZONING DISTRICTS IN THE CITY; REPEALING OLD SECTIONS 505, 510, 515, 525, 530, 540, 545 AND 550 OF APPENDIX B TO THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: I. Appendix B of the Richfield City Code is amended by repealing sections 505, 510, 515, 525, 530, 540 545 and 550 thereof. II. Appendix B of the Richfield City Code is hereby amended by adding thereto the sections which are shown in the attached Exhibit A and incorporated hereat as if fully set out at this point. III. The City Clerk is hereby directed to delete references throughout the Richfield Ordinance Code to the sections of Appendix B hereby repealed; and to substitute, as appropriate, references to the amended sections. IV. This amendment shall be effective on the 30th day following the date of official publication of the approved summary; provided, however, that the repeal of all the provisions contained in paragraph I above which relate to the MR district shall not be effective until further action of the City Council. Passed by the City Council of the City of Richfield, Minnesota this 24th day of April, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk DRAFT RIC~~IELD~ ZOrTING CODE Appendix B of the Richfield City Code (Sections 505-550) CITY OF RICHFIELD, MINNESOTA V nI'1[- ! NOTICE The City Code is a comprehensive codification of all City legislation. This package contains only Appendix B (Sections SOS to 550), entitled, "Planning and Land Use Regulations (City Zoning Code)". While this chapter is an integral part of the Ciry Code, its provisions may rely on, or refer to, other portions of the City Code. In those instances the user is referred to the other Sections for completeness. CITY STAFF For additional information, contact the following City of Richfield Departments or Divisions: ''~~~?~ .Richfield City Hall 6700 Portland Avenue South Richfield, MN 55423-2599 :.:::~~ Of~ jice Hours: 8:00 a. m. ro 4:30 p. m. , M-F. General Information (612) 861-9700 F,~ 861-9749 TDD (hearing impaired) 861-9753 Planning and Zoning Division 861-9764 Building Inspections/Sign Permits 861-9860 Engineering Division 861-9165 Business Licensing/Health Dept. 861-9870 Assessing Division 861-9714 Ciry Clerlc/Vehicle Licensing 861-9730 AMENDMENTS TO THE ZONING CODE Bill No. 1995-x, x/z/95, Code Adoption V l~H~" ~ LAND USE CONTROLS IN RICHFIELD The Comprehensive Plan The Comprehensive Plan contains Richfield's policies for the development and use. of land in the City. Approved by the Metropolitan Council and. adopted by the Richfield City Council in 1982, the Comprehensive Plaa is a culmination of planning efforts that started in the 1940s. The objective of the Comprehensive ~ Plan is to provide a framework for guiding the community toward orderly growth by relating, balancing, and harmonizing the physical, social, economic, and cultural features of the community. In accord with Minnesota .law and planning practice, the Plan is composed of the following elements: -Land Use, Housing, Aitport, Utilities, Community Facilities, Transportation, and Implementation. The Land Use Plan Element and the Land Use Map depict the future arrangement of land uses within the community. Uses existing on a particulaz property are not always consistent with the uses recommended by the Comprehensive Plan. In some areas of the community, City policymakers anticipate land use changes as the community's needs change and redevelopment opportunities arise. The Comprehensive Plan establishes the basis for zoning actions. The Zoning Code The Zoning Code is the legal tool that Richfield uses to regulate the use of land and structures, in order to protect and promote the public health, safety, comfort, aesthetics, economic viability; and general welfare. The Zoning Code implements the Comprehensive Plan by dividing the City into zoning districts. Each district is generally intended for a particular class of land use, such as residential, commercial, or industrial. Within each district the Code defines the uses that are allowed, and under what conditions (if any) they may be allowed. Permitted Uses: Uses (allowed by right) which may be lawfully established in a particular district with no special public hearings, provided they conform with all the requirements, regulations, and performance standards of the district. There may, however, be ordinance requirements for approval of licenses, building permits, pazking permits, or other controls (e.g., design district guidelines). Accessory Uses: Uses (allowed by right) which are associated with; incidental to, and located . on the same lot as the principal building or use. Conditional Uses: Uses (either public or private) which because of unique characteristics, cannot be property classified as a permitted use in a particular district. After due consideration in each case, of the impacts of such uses upon adjacent land, and of the public need for such use at the proposed location, such conditional use may or may not be allowed. The Council may place conditions on the granting of such uses. Prohibited Uses: Uses which shall not be established or conducted within a pazticulaz district. The Zoning Code also includes district regulations and performance standards for virtually every use in the City. District regulations establish minimum lot sizes, minimum building sizes, the distance buildings must be set back from property lines, building materials, and other criteria which affect the impact of development on adjacent properties and on the community as a whole. Performance standards sec forth specific regulations for particular uses, and establish minimum and maximum requirements for landscaping, parking, lighting, etc. Pursuant to the Metropolitan Land Planning Act, the zoning of a particular property may not be in conflict with the land use designation of the Comprehensive Plan. V~CH~` 1 RICHFIELD ZONING CODE CONTENTS SECTION 505 505.01 505.03 505.05 505.07 SECTION 508 508.01 508.03 508.05 508.07 508.09 508.11 508.13 508.15 508.17 508.19 508.21 508.23 SECTION 510 510.01 510.03 510.05 ZONING: PURPOSE AND DEFINITIONS Title ...................................... 505-1 Purpose .................................... 505-1 Rules of construction ........................... 505-1 Definitions " .......... ..................... 505-2 ZONING: GENERAL PROVISIONS Interpretation and application ...................... 508-1 Separability ................................. 508-2 Uses not listed ............................... 508-2 Fees ...................................... 508-2 Lot provisions " ............ ................. 508-2 Not encroachments ........... ' .................. 508-3 Nonconforming uses and structures ....... .......... 508-4 Traffic visibility ......................... ... 508-5 Excavation of natural materials ..................... 508-5 Central air conditioning units ...................... 508-5 Home occupations ............................. 508-5 Fences, walls, and hedges ........................ 508-8 ZONING: DISTRICTS Zoning districts ............................... 510-1 District rules ................................ 510-1 Permitted uses ................................ 501-2 SECTION 515 ZONING: RESIDENTIAL DISTRICTS 515.01 Single Family Residential District (R) ............... 515-1 515.03 Permitted uses ................................ 515-1 515.05 Accessory uses ............................... 515-1 515.07 Conditional uses .... ........................ 515-4 515.09 Lot area, width, depth, and coverage .............". 515-7 515.11 ~ Required building setback and~mazimum height ......~ .... 515-8 515.13 .Additional rules for accessory buildings and uses ......... ,515-10 515.15 Subdivts~on of lots ............................. 515-11 515.16 Performance standards .......................... 515-1.1 515.17 Low Density Single Family Residential District (R-1) ..... 515-13 515.19 Permitted uses ................................ 515-13 515.21 Accessory uses ....................... ....... 515-13 515.23 Conditional uses ....................... ..... 515-16 515.25 Lot area, width, depth, and coverage ................. 515-17 515.27 Required building setback and maximum height .......... 515-17 515.29 Additional rules for accessory buildings and uses ......... 515-19 515.31 Subdivision of lots ............................. 515-19 515.33 Performance standards ...................... ... 515-19 515.35 [Reserved] DRAFT 515.37 ~ Two Family Residential District (MR-1) • • • • • • • • • • • • • • 515-21 515.39 Permitted uses ................................ 515-21 515.41 Accessory uses ................................ 515-21 515.43 ~ Conditional uses ... ••••••••••~•••••••••••• 515-24 515.45 Lot area, width, depth, and~coverage _ ................ 515-26 515.47 ~ Required building setback and maximum height ..........: 515-26 515.49 Additional rules for accessory buildings and uses ......... 515-27 515.51 Subdivision of lots ............................. 515-28 515.53 Outdoor open space requirement ............. ..... 515-28 515.55 Parking requirement ............................ 515-28 515.57 Performance standards ........................... 515-28 515.59 Multi-Family Residential District (MR-2) ............. 515-29 515.61 Permitted uses ........................... ... 515-29 515.63 Accessory uses ................................ 515-29 515.65 Conditional uses ............................... 515-30 515.67 Minimum lot area, floor area, and parking requirements for multi-family dwellings (excluding townhouses) ........ 515-31 515.69 Minimum lot area, floor area, and parking requirements for townhouses :.............................. 515-32 515.71 Requirements for all multi-family structures in the MR-2 District 515-32 515.73 Requirements for accessory buildings and uses ........... 515-33 515.75 Subdivision of lots ............................. 515-34 515.77 Performance standards ........................... 515-34 515.79 High Density Multi-Family Residential District (1VIIt-3) .... 515-35 515.81 Permitted uses ..............:................. 515-35 515.83 Accessory uses ................................ 515-36 515.85 Conditional uses ............... .............. 515-37 515.87 ~ Minimum lot area, floor area, and parking requirements for ' multi-family dwellings ..: ....:.............. 515-37 515.89 Requirements for multi-family structures in the MR-3 DistricS .. 515-38 515.91. Requirements for accessory buildings and uses :.......... 515-39 515.93 Subdivision of lots ............................. 515-40 515.95 Performance standards .......... .......... ... 5150 515.97 General Regulations for all Residential Districts ........ 515-41 515.99 Signs ...................................... 515-41 515.101 Curing non-permitted uses and structures ............... 515-41 515.103 Uses allowed in district with a conditional use permit ....... 515-41 515.105 Use or structure not permitted in the district ............. 515-43 ~KHr ~ SECTION 520 ~ ZONING: CONA~RCIAL DISTRICTS 520.01. Neighborhood Btuiness District (C-1) ...........:.... 520-1 520.03 Permitted uses .......:........................ .520-1 520.05 Accessory uses ................................ 520-3 520.07 Conditional uses ...... ......................... 520-4 520.09 Prohibited uses .... ~ ........................... 520-5 520.11 Lot area, width, depth, and coverage ................. 520-5 520.13 Required building setback and maximum height ....... ~... 520-6 520.15 Additional requirements for accessory buildings and' uses ..... 520-7 520.17 Conduct of business operations ..................... 520-7 520.19. Additional regulations and requirements ............... 520-7 520.21 General Commercial District (C-2) ................. 520-9 520.23 Permitted uses ........... .................. 520-9 520.25 Accessory uses ................................ 520-11 520.27 Conditional uses ............................... 520-12 520.29 Lot area, width, depth, and coverage ................. 520-19 520.31 Required building setback and maximum height .......... 520-20 520.33 Additional requirements for accessory buildings and uses .... 520-21 520.35 Conduct of business operations ..................... 520-21 520.37 Additional regulations and requirements ............... 520-21 520.39 High Density Commercial District (C-3) .............. 520-23 520.41 Nonconforming uses and structures .................. 520-23 520.43 Site plan approval ............................ 520-23 520.45 General criteria and standazds for site plan review ......... 520-25 520.47 Minimum floor-area ratio ......................... 520-29 520.49 Minimum lot width and area ....................... 520-29 520.51 Solaz access requirement ......................... 520-29 520.53 Setback requirements ............................ 520-29 520.55 Parking requirements ............................ 520-29 520.57 Maintenance of landscaping ....................... 520-30 520.59 Security deposit required ......................... 520-30 520.61 Terms of approval .................. ....... 520-31 520.63 .' Transitional activity permits ....................... 520-32 SECTION 525 ZONING: INDUSTRIAL DISTRICTS 525.01 Industrial District (1) ............................ 525-1 525.03 Permitted uses ................................ 525-1 525.05 Accessory uses ................................ 525-2 525.07 Conditional uses ............................... 525-3 5?5.09 Lot area, width, depth, and coverage ................. 525-3 525.11 Required building setback and maximum height .......... 525-4 525.13 Additional requirements for accessory buildings and uses .... 525-4 525.15 Conduct of business operations ..................... 525-5 525.17 Additional regulations and requirements ............... 525-5 SECTION 53O ZONING: PLANNED UNIT DEVELOPMENTS ., 530.01 Planned unit development (PUD) ................... 530-1 530.03 Unified control ............................... 530-2 530.05 Integrated design .............................. 530-2 530.07 Coordination with subdivision regulations ..... ....... 530-2 530.09 .Minimum lot area requirement ..................... 530-2 530.11 ~PUD districts and allowable uses ............. ..... 53U 2 530.13. ~ PUD concept proposal statement .. ........ ..... 530-2 530.15 PUD application .... . ........ ~.................. 530-3 530.17 Review of PUD application ....................... 530-6 530.19 Final development plan and conditional use permit ........ 530-8 530.21 Compliance with the PUD plan and final development plan .... 530-10 530.23 Cash escrow required ........................... 530-10 530.25 Pisa amendments ................ ............ 530-11 530.27 Fees ............... ..................... 530-11 SECTION 535 ZONING:. GROUP HOUSING DEVELOPMENTS Repealed. 535-1 SECTION 540 ZONING: PERFORMANCE STANDARDS 540.01 Purpose and application .......................... 540-1 540.03 Exterior lighting ............................... 540-1 540.05 Traffic/parking studies ........................... 540-1 540.07 Off-street parking and loading requirements ............. 540-2 540.09 Landscaping and screening requirements ............... 540-2 540.11 Underground utilities ........................... 540-2 540.13 Exterior treatment of buildings ..................... 540-2 540.15 Screening mechanical equipment .................... 540-2 540.17 Dumpster enclosures ............................ 540-3 540.19 ~ Stormwater management ......................... 540-3 SECTION 5+45 ZONING: ADMINISTRATION 545.01 Administration of Zoning Code ...:. ~ ................ 545-1 545.03 Board of Adjustments and Appeals ................... 545-i 545.05 Conditional use permits .......................... 545-2 545.07 Zoning Code text and map amendments ................ 545-6 545.09 Variances ................................... . 545-7 SECTION 550 ZONING: OFFICIAL MAP - 77TH STREET Repealed. 550-1 SECTION 555 ZONING: ADULT ESTABLISHMENTS 555.01 Definitions .................................. 555-1 555.03 Permitted uses ............................... 555- 555.05 Location ................................... 555- ~~~' Richfield City Code (Zoning) Purpose and Definitions SECTION 505 -ZONING' PURPOSE:..AND DEFINITIONS 505.01. Title. Sections 505 to 550 contain the Zoning Code (or Zoning Ordinance) of the City of Richfield..~In Sections 505 to 550, the Zoning Code is referred to as "this code". The City Code of ordinances is refereed to as "the City Code". 505.03: Purpose: The purpose of the zoning ;code is to protect and promote the public health, safety, comfort, aesthetics, economic viability; and general welfare of the City, and specifically to achieve the following objectives: a) to assist in the implementation of the City's Comprehensive Plan; b) to foster a harmonious: and workable relationship among land uses; c) to promote the stability of existing land uses which conform to the Comprehensive Plan, and to protect them from inharmonious influences and harmful intrusions; d) to promote the City's great interest in protecting and preserving the quality of its neighborhoods and commercial districts, as well as the quality of urban life, by regulating uses that have adverse impacts or negative secondary effects on the quality of neighborhoods, commercial districts, or the quality of urban life; e) to insure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole; f)' to foster the provision of adequate light, air, space, bulk, and density; g) to.promote a safe and effective traffic circulation system; h) to protect and enhance real property values; and i)~ to safeguard and enhance the physical appearance of the City. 505.05. Rules of construction. In the construction of this code, the following rules shall be observed and applied, except where the context clearly indicates otherwise: a) the present tense shall include the past and future tenses; b) words in the singular shall include the plural, and the plural shall include the singular; c) the word "shall" is mandatory, and the word "may" is permissive; p. 505-1 Richfield City Code (Zoning) Purpose and Defmitions DRAfT d) the phrase "used for" shall include the phrases "designed for," "intended for," "improved for," "maintained for," "offered•'for," and "occupied for"; e) the phrase "residential parcel" shall mean any residentially zoned or used property, including planned unit development districts which contain residential dwelling units; and f) if a conflict arises between the graphic illustrations presented in this code ,.and the text of this code, the text shall prevail. 505.07. 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 (see "Street Designation Map" inserted after Section 550). Subd. 5. "Bed and breakfast inn" - An owner~ccupied 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 F.ne~ effects which a land use may have upon other adjacent or ~^^. nearby land uses. (Figure 1) 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. ` Subd. 8. "Building, principal" - A building in which is conducted the primary use of the lot upon which it is situated. p. 505-2 D ~ AF T ~ Richfield City Code (Zoning) Purpose and Definitions 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 statioa/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. "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 (see "Street Designation Map" inserted after Section 550). Subd. 14. "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. 15. "Council" -The City Council of the City of Richfield. Subd. 16. "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. 17. "Director" -The Director of Community Development, unless specifically indicated otherwise. Subd. 18. "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 authorized off-street parking area; the term does not include (i) anon-contiguous area exclusively set aside or used for the parking and storage of recreational vehicles and equipment, or (ii) parking lots. p. 505-3 Richfield City Code (Zoning) Purpose and Definitions uKAFT Subd. 19. "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. 20. "Dwelling, attached" - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 21. "Dwelling, detached" - A single dwelling: which is entirely surrounded by open space on all sides. Subd. 22. "Dwelling, multi-family" - A residential building or portion thereof .used for occupancy by three or more families living independently of each other. Subd. 23. "Dwelling, single family" - A residential building used for occupancy by one family. Subd. 24. "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. 25. "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. 26. "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. 27. "Dwelling unit" -Residential accommodation including kitchen facilities, permanently instilled, which are used for living quarters by one family. Subd. 28. "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. 29. "Emergency shelter" - A facility operated by anon-profit, charitable, or religious organization which provides temporary housing for one or more persons who are otherwise homeless. Subd. 30. "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 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. p. 505-4 VKH~' t xicnneta c;~ry c;oae (~.ontng~ Purpose and Definitions Subd. 31. "Floor area, gross" -The stun total of the gross horizontal area of the several floors of a building or buildings, as ~eastued from the exterior faces of exterior walls or from the centerline of parry walls separating two buildings. Gross floor area shall, include halls, lobbies, elevator shafts and stairways at each floor, enclosed porches, enclosed balconies and enclosed mP~~an~nes, below grade floor areas used for habitation, and floor space used for mechanical equipment where the strucrural headroom exceeds seven and one-half feet, except equipment, open or enclosed located on the ropf, i.e., bulkheads, water tanks, and cooling towers. Gross floor area does ;not include open terraces, op2n patios, open atriums, open balconies, carports, private garages, parking structures, breezeways, 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) Figure 2 Subd. 32. "Floor area ratio (FAR)" -The gross floor area of all buildings on a lot divided by the lot area. (Figure 3) Subd. 33. "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. 34. "Garage, public-auto bodv" - A premises, not a private garage, used for the refinishing of motor vehicles including paint and body work. Subd. 35. "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. ~----- -------I ' lot line / _ ' I ~ ~ ~ J- 40'--~ I I ~ b~, g soh ~ ~ I I I I I ~ 12,000 Sq. Ft. Lot ~ ~ i Gross floor area [6,000] _ .FAR [.5] Lot area [12,000] Figure 3 p. 505-5 Richfield City Code (Zoning) Purpose and Definitions ~a~~~^ ~ Subd. 36. "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. 37. "Height of building" -The vertical distance to the highest point of the roof for flat roofs; to the deck GABLE line for mansard roofs; HIP and to the average height FLAT MANSARD GAMBREL between eaves and ~ the ~: d~ ~~~ rtaye ridge for gable, hip and ~ ~ gambrel roofs, as aryl Height Height Height measured from the average elevation of the lot adjoining the front building line. (Figure 4) Figure 4 Subd. 38. "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. 39. "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. 40. "Junk yard" -Land or building where waste material, or inoperative vehicles or other . machinery are colleted, stored, salvaged, dismantled, wrecked, or sold, other than the storage of materials which is incidental to a business or industrial use on the same lot if approved by the Ciry. IMPERVIOUS SURFACE 6 ,....~. ~: ~~ .~~ ~: :e~. ~ :: ~ ,~. ~: o~ PERVIOUS SURFACE Figure 5 Subd. 41. "Light manufacturing" - A use engaged in the manufacturing of finished products or parts, predominantly from previously prepared materials. Subd. 42. "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. p. 505-6 DRAFT Richfield City Code (Zoning) Purpose and Definitions "L t er" - A lot abutting and at the intersection of two or more Subd. 43. o , corn streets. (Figure 6) Subd. 44. "Lot coverage" -The total ground area covered by buildings on a lot, excluding ~ uncovered swimming pools, uncovered porches, or uncovered ground level landings. Subd. 45. "Lot depth" -The average horizontal distance between the front and rear lot lines. (Figure 7) Subd. 46. "Lot, interior" - A lot other than a comer lot. (Figure 6) J l l I! I Street o T s I ~ s ~_ ~ ~ ~ `u ~_o a 3 c `° U ~ Key lot ~ Key lot d Q ~bt~ee ' ~N°nn`~ Q Through lot Interior hn I Interior Tot i Figure 6 Subd. 47. "Lot, key" ~ -The first lot to the reaz of a corner lot, the front lot line of which is substantially a continuation of the streetside side lot line of the comer lot, regardless of the presence of any alley or easement.: (Figure 6) Subd. 48. "Lot line" -Aline which divides one lot from another or from a street or alley. Subd. 49. "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. 50. "Lot line, rear" -The lot line which is most distant from and pazallel, or approximately. parallel to the front lot line. Where the rear lot line is less than ten feet itt length, or where the lot forms a point at the reaz, the reaz lot line shall be deemed to be a line ten feet long lying within the lot, connecting the side lot lines and pazallel or approximately parallel to the front lot line. (Figure 7) Subd. 51. ~ "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) Subd. 52. "Lot of record" - A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat. Subd. 53. "Lot, through" - An interior lot abutting on two or more streets. (Figure 6) Rpor Lot Line Lot Depth n~~ ;S~id~eCL~ot Li~~ ~ `111117 ' ' ' runt Lot 1Kdth ~ I F ~ _ Lot Lfne /homage) .. ; - - 1._.. Street Right-of-Way Figure 7 p. 505-7 i.rs~n/ Richfield City Code (Zoning) Purpose and Definitions Subd. 54. "Lot width" -The horizontal distance between the two side lot lines, as measured at the front lot line. (Figure 7, p. 505-7) , Subd. 55. "Manufactured home" - A dwelling structure that is transportable in one or more sections and is built on a permanent chassis. Subd. 56. "Motel" - (See Hotel/Motel) Subd. ~ 57:. "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. 58. "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. 59. "Outdoor open space" -Open space improved and located to provide outdoor living azea for residents. Outdoor open space includes, but is not limited to, lawns and other landscaped areas, walkways, decks, paved terraces and sitting azeas, and outdoor recreation areas; outdoor open space shall not include driveways, parking areas, or required front or "streetside" side setback areas. Subd. 60. "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 Pazking. Subd. 61. "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 gazage) or either partially or totally above grade with those levels being either open or enclosed. Subd:.62: "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. 63. "Public utilities, minor" -Public utility buildings with 500 square feet or less of gross floor area; transformer boxes or similaz utility features; or low voltage transmission lines. Subd. 64. "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. 65. "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. p. 505-8 ~ J.~~, i iV{:lulGlu t..t~~ \.w~. ~~vuaual ~/ Purpose and Definitions Subd. 66. "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. 67. "Restaurant -Class IV" -Take Out Only Restaurant: Establishments where food is usually ordered by telephone and prepazed on the premises for consumption off the premises, with no seating.or other azea provided on the premises. for consumption: The establishment may deliver food to the .customer, or the customer may pick food up. Subd: 68. "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 azea 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. 69. "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. 70. "Setback" -The minimum horizontal distance required between a building and the related front, side, or rear lot lines. Subd. 71. "Shopping. center" - A grouping of retail businesses, service establishments, and/or office uses on a=single site with common pazking facilities. Subd: 72. "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 *he space between such floor and the ceiling above it. Subd. 73. "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, aze not more than two feet above the floor of such story. Subd. 74. "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. p. 505-9 Richfield City Code (Zoning) Purpose and Definitions uKHt- t Subd. 75. "Structural aiteration° -Any change, other than incidental repairs, in the supporting members of a building such as bearing walls, columns, beams, girders, or foundation. Subd. 76. "Use, accessory" - A use associated with, incidental to, and on the same lot as, a principal use. Subd. 77. "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 particulaz location, such use may or may not be approved by the Council. Subd. 78. "Use, permitted" - A principal use which may be lawfully established in a particulaz district, provided it conforms with all the requirements, regulations and performance standards of such district. Subd. 79. "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. 80. "Use, prohibited" ~= A use which shall not be established or conducted within a particulaz district. Subd. Sl. "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 vaziance would not interfere with the general purpose and intent of this code, nor have an adverse impact on surrounding properties. Subd. 82. "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. 83. "Yard, front" - An open space on the same lot with the building extending across the entire width of the lot and situated between the front lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8) . -Rear Lot Line . _. ' _. l m ~ _ i ; ; Side Side ; une Rear Yard ~ Lot Lot Line i J i i Side ~ Bullding Roof ; Side --~ Yard ~ Yard - • - • ~--- ~ ---- ---------- -------- ~ , -- T ' Front Yard __ i _ ~ ~._ --Front Lot Line Figure 8 p. 505-10 DRAB Richfield City Code (L.oning) Purpose and Definitions Subd. 84. "Yard, reaz"~ - A yazd extending across the entire width of the lot and situated between the reaz lot line and the nearest line of the principal building, as projected to the side lot line(s). (Figure 8, p. 505-10) Subd: 85. "Yard, side" - A yard lying between the side lot line and the nearest line of the building extending between the front yazd 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. 505-10) . Subd. 86. "Zoning district".- An azea or azeas of the City for which the regulations under this code governing use, land, or structure are uniform. p. 505-11 V ~ H j" ~ Richfield City Code (Lonmg) General Provisions SECTION 508 -ZONING' GENERAL PROVISIONS 508.01. Interpretation and application. Subdivision 1. Requirements declared minimum. In •their interpretation and application; the provisions of this code shall be held to be the minimum requirements for the protection and promotion of public health, safety, comfon, aesthetics, economic viability, and general welfare. Surd. 2. More restrictive.provision to avvly. Where the regulations imposed~iiy any provision of this code are either more restrictive or less restrictive than comparable regulations imposed by this code, or any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or impose higher standards shall govern, unless specifically stated otherwise. Subd. 3. Conformance required. Except as this code specifically provides, no structure shall be erected, converted, enlarged, reconstructed, or structurally altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformance with this code. Subd. 4. Relation to Building Code. This code shall be interpreted in accordance with the rules set forth in Section 400 of the City Code. Subd. 5. Terms not defined. Terms not defined in this code shall have the meanings given to them by the City Code. Subd. 6. Measured distances. Where measured distances are referred to in this code, the following rules shall apply: a) measured distances shall be made in a straight line, without regard to intervening buildings or objects; b) measured distances expressed in feet are to the nearest one-tenth of a foot; and . •• .• c) where minimum distances are required between uses, measurements shall be taken from nearest lot line to nearest lot line, unless the use requiring the separation is located within amulti-tenant building with more than 10,000 square feet in gross floor area. In such case, measurements shall be taken from the nearest point of the acrual business premises. (e.g., lease-space) of the use requiring the separation to the nearest lot line of the property from which the use must be separated. Subd. 7. Setback computations. In computing setback dimensions, measurements shall be taken from the nearest wall of the structure to the related front, side, or rear lot line. p. 508-1 Richfield City Code (Zoning) General Provisions Ui~At- T Subd. 8. Private easements or covenants. This code is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this code are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the regulations of this code shall govern. 508,03.. Separability. It is hereby declared to be the intention that the several provisions of this code are separable in accordance with the following: a) if any court of competent jurisdiction shall adjudge any provision of this code to be invalid, such judgment shall not affect any other provisions of this code not specifically included in said judgment; b) if any court of competent jurisdiction shall adjudge invalid the application of any provision of this code to a particular property, building or other structure, such judgment shall not affect the application of said provision to any- other property, building or other structure not specifically included in said judgment. 508.05. Uses not listed. When the proposed use of any building, structure, or premises is not specifically described in this code, the requirements for the use most similar to the proposed use applies. If in the judgment of the Director, a proposed use does not come within any existing use classification, the Director shall refer the matter to the Council for a determination as to whether the use shall be classified as permitted, accessory, conditional, or prohibited in the particular zoning district for which the use is proposed. 508.07. Fees. Fees charged under this code are set by Appendix D, Section 4 of the City Code (see copy inserted after Section 550). 508.09. Lot provisions. Subdivision 1. One building and use. Except in the case of planned unit developments and group housing developments, only one principal building and use may be located on a lot.. This subdivision•'is not intended to prohibit similar types of uses from occupying amulti-tenant building if all other requirements of this code are met. Subd. 2. Fronta a requirements. Except in a planned unit development, all lots shall have frontage on a public street. Subd. 3. Through lots. On 'a through lot, the lot lines abutting both street frontages shall be considered front lot lines. Subd. 4. Front yards. A front yard may not contain any building or other structure except fencing, ornamental outdoor furniture, uncovered parking areas, signage, and landscaping, as permitted or required under this code or the City Code. p. 508-2 v~c~-r t ttichizeld City Code (Zoning) General Provisions 508.11. Not encroachments. The following shall not be' considered as encroachments on setback requirements in all zoning districts: a) principal building cornices, .canopies, eaves, gutters, and other similar features, provided they project not more than 30 inches into a required yard. In no event shall such features be closer than 24 inches from any lot line;. b)-' principal building chimneys, flues, vents, and other similaz features, provided they project not more than 24 inches into a required yard and are no more than five feet in width. In no event shall such. features be closer than 30 inches from any lot line; c) principal building window wells, provided they project not more than 36 inches into a required yard. In no event shall they be closer than 24 inches from any lot line; d) in required front yard's, principal building entry vestibules that extend a distance of six feet or less, provided such vestibule is not more than eight feet in width or more than one story in height; e) in required front yazds, principal building balconies that extend a distance of four feet or less, provided they are seven feet or more above grade at the front building line; f) in front yards and streetside side yards, fire escapes attached to the principal building that extend a distance of four feet, six inches or less; g) in required front and rear yards, landings, steps, uncovered porches, and other similar features attached to the principal building that extend a distance of six feet or less, provided such landing or uncovered porch does - ~ . not- extend in elevation above the height of the ground floor level, and in no case shall they be located more than '30 inches off the ground; a railing enclosure no more than three feet in height may be placed azound such landing or uncovered porch, unless prior approval for a greater height is granted by the Director; h) in required side yards, uncovered porches attached to the principal building that extend a distance of three feet or less, provided they are not more than 30 inches off the ground. In no event shall they be closer than four feet from any side lot line; and i) in required side yards, principal building steps, stoops, handicap access ramps, and other similar features that extend a distance of three feet or less. In no event shall they be closer than two feet from a side lot line. p. 508-3 Richfield City Code (Zoning) General Provisions DiZAFT 508.13. Nonconforming uses and structures. Subdivision 1. Purposes. This subsection is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their re-establishment after abandonment, and alteration or restoration after the destruction of the structures they occupy. Subd. 2. Continuance of nonconforming uses and buildines. A nonconforming use or building lawfully existing upon the effective date of this code or amendments thereto may be continued at the size and in a manner of operation existing upon such date, subject to the provisions of this subsection. Subd. 3. Enlargement of nonconforming use prohibited. There shall be no enlargement, expansion, intensification, replacement, structural alteration, or relocation of any building or premises devoted to a nonconforming use except to make it a conforming use. Normal building maintenance and repair shall be excepted from this subdivision. Subd. 4. Enlargement of nonconforming building. A nonconforming building occupied by a conforming use may be enlarged if the expansion meets all applicable City- Code requirements. Subd. 5. Termination of nonconforming nse. A nonconforming use shall not be resumed if normal operation of the use .has been abandoned for a period of 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Following the expiration of 12 months, only uses which conform to this code shall be established. If a nonconforming use of land on which there is no substantial building is discontinued for a period of 10 or more days, any subsequent use of the land shall be in conformity with this code. .Subd. 6. Replacement of nonconforming use with conforming use. If a nonconforming use is superseded or replaced by a conforming use, the nonconforming use status of the premises and any rights which arise under the provisions of this subsection shall terminate. Subd. 7. Damage of nonconformin~~ building. If a nonconforming building is damaged by any means, including fire or water, to the extent that the cost of repairing or restoring such damaged building would be 50 percent or more of the fair market value at the time of the damage, then it shall not be reconstructed except in full compliance with this code, except that any lawful nonconforming single family dwelling which existed on or before May 9, 1968 may be. reconstructed if it is unintentionally damaged, provided that the degree of nonconformity is not increased. If reconstruction of a nonconforming building is not completed within 12 months after such damage, all subsequent construction and use shall be in full compliance with this code. The determination of the extent of the damage and the fair market value of the building or structure shall be made by the Council. p. 508-4 ~~~-r ~ xtcnneia ..try ~oae ~c.oning~ General Provisions Subd. 8. Junk yards. A junk yard existing as a nonconforming use shall not be continued unless located in an industrial zoning district. Such junk yard shall be completely enclosed within a building or within a continuous solid fence not less than eight feet in height and of such additional height as to screen completely all the operations of the junk yard. The plans of the building or fence must be approved by the Building Official. Subd. 9. Safe Nothing in this subsection shall prevent the repairing of a building to a safe condition when said building is declarers unsafe by the proper authorityt provided the necessary repair shall not constitute 50 percent or ~ more of fair market value of the building as determined by the Council. ' 508.15. Traffic visibility. On comer lots in all districts, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between the height of 30 .inches and ten feet above the abutting curb line of the intersecting streets within a triangular area defined as follows: 'beginning at the intersection of the projected curb Imes of two intersecting streets, thence 50 feet along one curb line, thence diagonally to a point 50 feet from the point of beginning on the other curb line, thence to the point of beginning". (Figure 9) o~ot\~~e5 ; Roadway et`'e~~~ 50. ~ Curb ~ _ ~Qc°~~ ..t ~~ Right-of-way ~ i~ ~ Lot Line \i vO ~ ~ ~~~~ O - ?'~ G ~ ~_ 0 Figure 9 508.17. Excavation of natural materials. Nothing in this code prohibits the excavation of natural materials for the construction of a building permitted in a district in which the same is located if the building is to be constructed on the lot from which the material is excavated. Excavations shall not be made, however, in violation of any provision of this code or the City Code. 508.19. Central air conditioning units. Central air conditioning units shall not be located forward of the front building line, and shall not be located closer to any side lot line than the minimum side setback requirement for the principal building. 508.? 1. Home occupations. Subdivision 1. Home occupation defined. A home occupation is a business activity of a service character which is clearly incidental to the principal use of the premises as a dwelling, and which does not alter the exterior of the property or affect the character of the neighborhood. Subd. 2. PurQoses. The purposes of this subsection are to: (i) allow for home occupations which are appropriate for residential settings; (ii) protect those conducting a home occupation from self-induced harm; and (iii) protect the property rights of neighbors. p. 508-5 Richfield City Code (Zoning) General Provisions LJ~KHi' i Subd. 3. Compliance required. A home occupation may be established and conducted only in accordance with this subsection. Subd. 4. Subordinate use. A home occupation shall be permitted as an accessory use to a residential dwelling unit. The home occupation use must be clearly subordinate to the residential .use of the property and must be conducted by a person or persons who reside in the dwelling. Subd. 5. Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, and except as permitted in Subd. 6 below, do not draw attention to the home occupation. All activities related to a home occupation must be conducted within a fully enclosed building. Subd. 6. Advertising. One sign not exceeding two square feet in area which states the general nature of the home occupation, may be erected on the premises in accordance with the provisions of this code and Section 416 of the City Code. No other advertising sign, device, or display may be used to invite attention to the home occupation. Subd. 7. Outside storage and vehicles. No outside storage of products or materials or equipment connected with the home occupation is permitted. This subdivision does not - prohibit the outside parking of motor vehicles on the driveway of the premises in accordance with Subd. 8 below, provided that such vehicle parking is not otherwise prohibited by Section 1320 of the City Code. Subd. 8. Outdoor parking of commercial vehicle. Outdoor pazking of no more than one commercial type vehicle or vehicle identified for business purposes is permitted, provided that the vehicle~does not exceed 3/4 ton capacity, that the vehicle is registered to an occupant of the home, and that the vehicle is parked in a landscaped location on the property, as approved by the Director. Subd.~~9. Parkin, structural Chan eg s, lighting. Parking, structural alteration, lighting or similar facilities which indicate a use of the dwelling for purposes other than a residential structure are prohibited. Home occupations involving the need for more than three outdoor parking spaces for the operators and customers shall be prohibited. Parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be provided within any required front or side yard, except upon an established driveway. Subd. 10. Retail sales. Continuous retail sales of products on the premises are prohibited. Occasional sales of products or other articles are permitted where the dwelling serves as an office for a person regularly engaged in retail sales outside the dwelling, or where such occasional sales are incidental to and not the primary purpose of the home occupation. p. 508-6 ~~~~' Richfield City Code (Zoning) General Provisions Subd. 11. Specific activities prohibited. The following activities shall not be allowed as home occupations: a) the repair, whether for consideration or not, of motor vehicles which are not registered to a resident of the dwelling on the property where the repair is made, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident of the property; b) adult business establishments regulated:undei• Section 605 of the City Code or Section 555 of this code; c) the practice of medical, dental, chiropractic, psychiatric, or other similar treatment or therapy, including acupuncture, where the person(s) providing such treatment or therapy is not licensed by the State . of Minnesota to administer such treatment or therapy; d) businesses, educational programs, or similar gatherings which meet on a regular basis, having more than six non-resident adults in attendance at one time; e) pet grooming or pet care facilities, except those legally existing on or before March 1, 1995; f) gun or ammunition sales/repair, except those legally existing on or before March 1, 1995; g) music instruction, unless conducted within a single family (detached) dwelling; and h) tattoo businesses. Subd.. 12. Performance ~ standards. A home occupation may not adversely impact the residential character of the dwelling or its neighborhood because of the emission of noise, odor, water, smoke, dust, gases, heat, glare, vibration, electrical interference, or parking or traffic resulting from the conduct of the home occupation. Subd. 13. Non-resident employee. One person in addition to the person or persons who occupy the dwelling may be employed at the residence if a conditional use permit is issued in accordance with Subsection 545.05 of this code. Subd. 14. Hours of operation. The hours of operation for any home occupation shall be limited to between 7:00 a.m. and 9:00 p.m. Subd. 15. Use of equipment. No mechanical or electrical equipment requiring in excess of 220 volts single phase shall be permitted in the conduct of a home occupation, and no electric motor shall exceed three horse power. p'. 508-7 Richfield City Code (Zoning) General Provisions DRAFT 508.23. Fences. walls. and hedges. Subdivision 1. General rule. A fence, wall, or hedge may occupy a lot as provided in this subsection. Subd. 2. Definitions: a) "Hedge" - a row of shrubbery .which forms or is intended to form a barrier. b) "'wall" -this term includes .retaining walls, freestanding walls, and decorative or privacy walls. . Subd. 3. Hei ht: a) no fence, wall, or-hedge more than four feet in height .shall be constructed or permitted to grow forward of the front line of the principal building extended to the side lot lines; b) no fence or wall more than six feet in height shall be constructed elsewhere on the lot, except that in "C-2" and "I" districts, the maximum height shall be eight feet. A building permit shall be required for fences and walls over six feet in height; and c) whenever a fence or wall is used in combination, or placed upon a berm, the combined height shall not exceed the permitted heights outlined in paragraphs a) and b) above. Subd. 4. Corner lots. Fences, walls, :and hedges located on any corner lot are subject to the traffic visibility requirements described in subsection 508.15. Subd. 5. Setback requirement. Fences, walls, and hedges located along aright-of- way .which contains a public sidewalk, or located along a street or alley, shall be set back not .less than three feet from the nearest edge of such sidewalk, street, or alley. Refer to Section 811 of the : City Code regarding placement of fences, walls, and hedges on public property. Subd. 6. Prohibitions. Barbed wire and electric wire fences are prohibited in all districts. Fences shall not be constructed from chicken wire, welded wire,. branches, or materials originally intended for other purposes, unless upon the showing of a high degree of architectural quality achieved through the use of such, prior approval is granted by the Director. Subd. 7. Chain link. Chain link fences shall have a top rail and the barbed ends shall be toward the ground. Insens or slats which are woven through such fences shall be kept in a good state of repair. p. 508-8 VI~~"1I / Richfield City Code (Zoning) General Provisions Subd. 8. Pos Posts and stringers on any fence located at or near the lot line shall be on the inside of the fenced area unless designed as an integral part of the fence. Posts for wooden and chain link fences shall be spaced at intervals not to exceed eight feet. Subd. 9. Construction and maintenance. All fences and walls shall be constructed of durable, weather resistant materials which are properly anchored. All fences and walls shall be maintained in a condition ofreasonable repair and shall not be allowed to become and remain in a condition of disrepair, danger, or constitute a nuisance. Subd. 10. Required screening. Any fence or wall required as a screening device shall be constructed of decay resistant materials which provide screening to the extent required by the Richfield Landscape Requirements, on file with the Office of Community Development.' Subd. 11. Tennis courts: An open chain link fence not exceeding ten feet in height shall be permitted to enclose tennis courts provided such fence is setback at least 15 feet from any lot Line. Subd. 12. Certain structures. Fences and walls legally existing on or before March 20, 1982, may continue to exist and to be repaired and maintained. p. 508-9 V a~ni i Richfield City Code (Zoning) Districts SECTION $10 -ZONING: DISTRICTS 510.01. Zoning districts. Subdivision 1. Establishment of districts. In order to carry out the purposes and provisions of this code, the City is hereby divided into the following zoning districts: DISTRICT TITLE ~ ABBREVIATION Single Family Residential R Low Density Single Family Residential R-1 Two Family Residential MR-1 Mull-Family Residential MR-2 High Density Multi-Family Residential MR-3 Neighborhood Business C-1 General Commercial C-2 High Density Commercial C-3 Industrial I Planned Residential PR Planned Two Family Residential PMR-1 Planned Multi-Family Residential PMR Planned Neighborhood Commercial PC-1 Planned General Commercial PC-2 Planned Indusuial PI Subd. 2. District boundaries. The location and boundaries of the zoning districts established in this code are set forth on the zoning maps entitled "Richfield Zoning Maps", and in "Appendix 1" to this= code which delineates the legal descriptions of land within each zoning district. The.Richfield Zoning Maps and Appendix 1 are on file and open to public inspection during regular City office hours in the Office of Community Development. In case of a conflict between the Richfield Zoning Maps and Appendix 1, Appendix 1 shall prevail. The Richfield Zoning Maps and Appendix 1 are incorporated into and made a part of this code by reference. 510.03. District rules. Subdivision 1. The rules set out in this subsection apply to all zoning districts. Subd. 2. Lots which lie within two zoning districts. Where a district boundary line divides a lot of record placing it into two separate zoning districts, the provisions of this code which pertain to either zoning district may be applied to the entire lot or for a distance of 30 feet from such district boundary line, whichever is less. p. 510-1 DRAFT Richfield City Code (Zoning) R District SECTION 515 -ZONING: RESIDENTIAL DISTRICTS 515.01. Single Family Residential District (R). Subdivision 1. Subsections 515.01 to 515.16 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; b) reserve appropriately located areas for new and replacement single family dwellings at densities which are consistent with sound standards of public health; c) ensure adequate light, air, privacy, and open space for each dwelling; d) 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 e) protect residential properties from noise, illumination, unsightliness, odors, dust, din, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.03. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the R District. Subd. 2. Single family (detached) dwellings Subd. 3. 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 515.07, Subd. 2 of this code. Care .facilities located within the R District shall be subject to the same zoning regulations as single ramify dwellings in the R District. Subd. 4. Governmental buildings and public libraries, including their appurtenances Subd. 5. Minor public utilities. 515.05. Accessory uses. Subdivision I. 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 toor 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. p. 515-1 Richfield City Code (Zoning) R District DRAFT _- 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 azea when combined with all other accessory buildings and attached gazages 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. Gazebos which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 squaze feet in gross floor azea when combined with all other accessory buildings. and attached garages on the lot. Subd. 6. 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. 7. Private swimming pools as defned in Section 420 of the City Code, provided that such swimming pools and related equipment be located (i) at least ten feet from any reaz 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. 8. Licensed day care facilities serving 12 or fewer persons, or group family day raze facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer persons, or as otherwise permitted by law. Subd. 9. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 10. Private driveways, parking areas, and sidewalks for residential uses,. provided the following conditions aze-met: 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; p. 515-2 ~~~~ Richfield City Code (Zoning) R District c) unless the Director authorizes a greater amount for landscape purposes, the maximum impervious surface coverage within the front yard area shad comply with the following table: Lot Width Maximum Impervious Coverage Within the Front Yard Area 50 feet or less: 509'0 51-60 feet: ~ 48% 61-70 feet: ~ ~ 46% 71-80 feet: 449'0 over 80 feet: 42 % d) within the front yazd azea, 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 nor 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 . (v) upon written request from the landowner, itetris (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 azea, 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. p. 515-3 Richfield City Code (Zoning) R District DRAFT Subd. 11. 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 meet the following additional requirements: a) ~if more than one such structure is proposed, they shall be clustered in a single.grouped location; b) no atdvertising message shall be on the antenna structure; ' c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include - landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than tea feet above the highest point of. the roof, except as provided for in Section 515.07, Subd. 8 of this code. Subd. 12. 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 arrangement does not constitute an accessory apartment; and (iii) adequate off-street parking is available (see definition of family). Subd. 13. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 14. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 15. Gardening, provided no sale of products is conducted on the lot: Subd. 16. Parking for non-residential principal uses (e.g., schools or churches), as authorized by a Council approved off-street parking permit. Subd. 17. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.07. 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 545.05 of this code. Subd. Z. 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. p. 515-4 D92AFT Richfield City Code (Zoning) 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 515.09, 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 515.05, 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 515.11, except that a single family dwelling which does not meet the required two family interior side setback may be converted into atwo-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two family dwelling requirements. p. 515-5 Richfield City Code (Zoning) R District ~~~~ Subd. 7. 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 gazage stalls) shall be provided for the residence, and at least one off-street pazking 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 ten feet above the highest point of the roof. Subd. 9. Public or private elementary and high schools, and other similaz 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 mitigated substantially. Subd. 10. 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. p. 515-6 ~u~~-r ~ Richfield City Code (Zoning) R District Subd. 11. 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. 12. 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. 13. Major public utilities. Subd. 14. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 515.09. Lot area width depth and coveraee. Subdivision 1. Standards. The standards set out in this subsection apply in the R District. _ Subd. 2. Minimum lot area width, and death: :.: _ SII~IGLERAMILY '.: 6.700 S . Ft. 50 Ft. 100 Ft. 'T~~?1~LY``(CE1P1 .. 9,000 S . Ft. 60 Ft. 100 Ft. hiE}1+t~RF.~IflE1~'TIAL `> 40.000 S . Ft. 150 Ft, 100 Ft. Subd. 3. Special- ~andfather clause for certain R lots. A lot that was a lot of record on or before March 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 . Ft. or less: 35% Lots of over 7.000 S . Ft.: The realer of 25% or 2,500 S . Ft. Non-residential uses: 50% p. 515-7 Richfield City Code (Zoning) R District DRAFT 515.11. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the R Dtstrtct. Subd. 2. Required setback and maximum height: :.:.<: .. 25 Ft SC~#~~~~~:~~'><}~> 30 Ft. 25 Ft. 5 Ft. 12 Ft. . €'11'~?Y~#~';~iY± 30 Ft. 25 Ft. 10 Ft. . ~12 Ft. 25 Ft. ~IC~QR.~'<.< 30 Ft. 3 Ft 5 Ft 12 Ft. 14 Ft ;~.~'~jp!.~'[~~~ 40 Ft. 30 Ft. 30 Ft. 30 Ft. 42 Ft. ' <~t1ECi~~13R~~`~~>< 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 m 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 TS feet; or c) if a vehicle access door faces an "interior" side lot line on a lot that is less than 45 feet in: width, such "interior" side setback regtirement shall be not less than 15 feet. Subd 4. Additional setback ~Pquirement all structures located_ on a corner lot which abuts a kev 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- ' '~ c ~ required ~ setback a --y existing Key tot ~~ set~bnack ~ front ~ lot line -+ curb Figure 10 p. 515-8 DRAFT Richt~eld City Coae (~ontng~ R District Subd. 5. Additional height for non-residential buildings. The following height exceptions apply to non-residential buildings in the R Dtstnct: . a) the maximum building height may be increased to no more than 75 feet, provided that the required setbacks shall be increased by one foot for each foot of building height in excess of 42 feet; and b) notwithstanding.paragraph a) above, the ,maximum height for towers, spires, or water tanks may be increased ~to no more than 150 feet provided that such structure does not exceed 15 percent lot coverage or 1,600 square feet in gross floor area at the base, whichever is less. Subd. 6. 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 and two family .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 on a lot may be reduced to not less than the average existing front setback of the single family dwelling(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 March 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; (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 leave projection); p. 515-9 Richfield City Code (Zoning) R District UKAIFT (v) the garage wall most parallel and adjacent to the interior lot line shall be constructed with no openings, and with materials which provide a one hour fire rating; and (vi) a drainage plan shall be approved by the 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 classifier) as "not encroachments" in Section 508.11. Subd. 7. 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 515.11, Subd. 3 of this code and all building codes are met. •-• Rear tot Line -' r i 1 i i i ~ rear i 3'-~! { building ! y ~ Garage line ~ .s;-,-~ 1 T i Interior i Hoese i i Side i i Lot Line i i i _ _i _._._._._.~._ Front lot Line Figure 17 515.13. Additional rules for accessory. buildinns and uses. Subdivision 1. The additional rules set out in this subsection apply to accessory buildtngs and uses in the R District. Subd. 2. Accessory buildings shall be located not less than five feet from any other building (dwelling included) on the lot. The Building Code requires fire protected walls for buildings located less than six feet apart. The eave overhang from adjacent structures on the same lot shall be no less than four feet apart. Subd. 3. The roof overhang (eave projection) for accessory buildings shall not be located closer than two feet from any lot line. Subd. 4. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. p. 515-10 DRAT KICIIileI(1 t,..lly l.uuc ~~.vtuitbl R District Subd. 5. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 6. No accessory building shall be constructed on any residential parcel prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. Subd. 7. No more than one detached garage, no more than one greenhouse, no more than one storage building, and no more .than one gazebo shall be .located on a'. residential parcel. Subd. 8. No accessory building shall be more than one story in height, greater in lot coverage than the principal building, or greater in height than the principal building. 515.15. Subdivision of lots. Whenever a lot in the R District is subdivided or re-subdivided in accordance with the provisions of Section 500 of the City Code, the requirements for lot area, width and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.16. Performance standards. Subdivision 1. tandard . 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 March 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 March 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 ZO feet in depth. Subd. 4. Detached garage in side vard area. Building plans submitted after March 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 540. Developments other than single family or two family dwellings shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 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. p. 515-11 Richfield: City Code (Zoning) R District DRAgT p. 515-12 DRAFT Richfield City Code (GOntng) R-1 District 515.17. Low Densitv_Single Family Residential District (R-1'l. Subdivision 1. Subsections 515.17 to 515. 35 apply to the R-1 District. Subd. 2. loses. The purposes of the R-1 District are to: a) reserve and preserve appropriately located areas for single family living on lazger lots; b) ensure adequate lig~tt, air, privacy, and open space for each dwelling; c) 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 d) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.19. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the R-1 District. Subd. 2. Single family (detached) dwellings, except manufactured homes. Subd. 3. Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they aze not located within 1/4 mile of another such facility, except as provided for in Section 515.23, Subd. 2 of this code. Care facilities located within the R-1 District shall be subject to the same zoning regulations as single family dwellings in the R-1 District. 515.21. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the R-1 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 1,300 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 azea, and which do not exceed an aggregate of 1,300 square feet in gross floor area when combined with all other accessory buildings ,and attached garages on the lot, and 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 1,300 squaze feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 5. Gazebos which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,300 squaze feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. p. 515-13 Richfield City Code (Zoning) R-1 District Lr'CHt' t Subd. 6. 'Carports which dti not exceed an aggregate of 1,300 square feet in area when combined with all other accessory buildings and attached garages on the lot. Subd. 7. 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. 8. Licensed day care homes 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. 9. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 10. Private driveways, parking areas, and sidewalks provided the following conditions are met: 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 Imaervious Coverage Within the Front Yard Area 50 feet or less: 50% 51-60 feet: 48% 61-70 feet: ~% 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; p. 515-14 DRAT 1 Richfield City Code (coning) R-1 District e) driveways, where located within the boulevazd, 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 boulevazd of abutting properties; (iii) on comer 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 comer lot may have one curb cut from each public street, provided the driveway setback requirement in item (iii) above is met; and (v) upon written request from the landowner, items (i), (ii), (iii), and (iv) above may be vazied 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 driveways, parking azeas, or sidewalks shall comply with this subdivision; and g) any expansion or installation of a driveway, parking azea, or sidewalk on a lot shall be subject to a City permit. Subd. 11. Satellite dish antennas and other antennas and towers that aze incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antetma structures, and materials compatible with those utilized on the exterior of the .building for roof mounted ,antenna. structures. Screening plans shall be approved by the Director: and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 515.23, Subd. 6 - of this code. p. 515-15 Richfield City Code (Zoning) R-1 District DRAFT Subd. 12. 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 arrangement does not constirute an accessory apartment; and (iii) adequate off-street parking is available {see definition of family). Subd. 13. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 14. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 15. Gardening, provided no sale of products is conducted on the lot. Subd. 16. Minor public utilities. Subd. 17. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.23. Conditional uses. Subdivision 1. The uses listed. in this subsection are conditional uses in the R-1 District, and .are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Licensed residential care facilities or community based. residential caze facilities serving seven or more 16 persons, or such facilities which aze located within 1/4 mile of another such facility. Care facilities located within the R-1 District shall be subject to the same zoning regulations as single family dwellings in the R-1 District. Subd. 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. Bed and breakfast inns, providing the following conditions aze met: a) no more than two rental rooms shall be provided; b) at least two off-street parking spaces (may include garage stalls) shall be provided for the residence, and at least one off-street parking space shall be provided on the lot for each rental room; c) outdoor parking areas shall be screened with landscape materials; and d) the operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective. Subd. 6. Accessory roof-mounted antennas which extend higher than ten feet above the highest point of the roof. p. 515-16 DRAFT Subd. 7. Major public utilities. 1C1~:1111G1U Llly <.VUC \~.VUaus/ R-1 District Subd. 8. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 515.25. Lot area width depth and coverage. Subdivision 1. Standards. The standards set out in this subsection apply in the R-1 District. Subd. 2. Minimum lot area: 10,000 square feet. Subd. 3. Minimum lot width: 75 feet. Subd. 4. Minimum lot depth: 100 feet. Subd. 5. Special grandfather clause for certain R-1 lots. A lot that was a lot of record on or before March 1, 1995 located in the R-1 District which does not meet the minimum requirements set forth in this code as to area and dimensions, may be used for single family (detached) development provided that the width of such. lot is not less than 50 feet and such lot contains at least 6,000 square feet in area. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. - Subd. 6. Maximum lot coverage: Lots of 7,000 S . Ft. or less: 35% Lots of over 7,000 S . Ft.: The eater of 25% or 2,500 S . Ft. 515.27. Required building, setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the R-1 District. Subd. ~2. Required setback and maximum height: ~}SE.... ~ FRf3NT 'R£AR:: 1~'I. ~R;f#3S .> ~.~"~,'STDTs... ....~~IG~T' ;: 8Il~1~LE F.AM3DY'' 30 Ft. 25 Ft. 10 Ft. 15 Ft. 35 Ft. A~CE5543RY 30 Ft. 3 Ft. 10 Ft. 15 Ft. 14 Ft. Subd. 3. Additional setback reauirement• vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located m 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 anon- arterial or non-collector street, such "streetside" side setback requirement shall be not less than 15 feet; or p. 515-17 Richfield: City Code (Zoning) R-1 District DRAFT b) if a vehicle access door faces a rear lot line which abuts an alley, such reaz setback requirement shall be not less than 15 feet; or c) if a vehicle access door faces an "interior" side lot line on a lot that is less than 45 feet in width, such "interior" side setback requirement shall be not less than 15 feet. Subd. 4. Additional set ack r uirement: all structures. located on a comer lot which abuts a ke~,lot. On a comer 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. Setback reductions for rn incipal buildinQS. The following setback reductions apply in the R-1 District: a) on a corner lot, .the streetside side setback requirement for dwellings shall. be the lesser of 15 feet or the established streetside side setback of the existing principal building on the same lot. In any case the provisions of paragraphs c) and d) of this subdivision shall be applicable; b) with respect to dwellings existing on or before Mazch 1, 1995, the interior side setback requirement may be reduced to not less than five 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; (ii) the garage shall be located a distance of not less than 15 feet from any building on an abutting lot; ' (iii) the width of the garage shall not exceed 22 feet, and the length shall not exceed 26 feet; and (iv) a drainage plan shall be approved by the City Engineer's office prior to issuance of building permits. c) windows or window units may project a maximum of 24 inches into a required front yard, streetside side yard, or rear yazd provided that 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 d) those items classified as "not encroachments" in Section 508.11. p. 515-18 ~~/~~~ xicnrieiu way ~.vuv ~~..,,...~~~ R-1 District Subd. 6. Setback reduction for accessory buildings. 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. 515.29. Additional rules for accessory buildings and uses. Subdivision 1. The additional rules set out in this subsection apply to accessory buildings and uses in the R-1 District. Subd. 2. Accessory buildings shall be located not less than five feet from any other building (dwelling included) on the lot. The Building Code requires fire protected walls for buildings located less than six feet apart. The cave overhang from adjacent structures on the same lot shall be no less than four feet. apart. Subd. 3. The roof overhang (cave projection) for accessory buildings shall not be located closer than two feet from any lot line. Subd. 4. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 5. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 6. No accessory building shall be constructed on any residential lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. Subd. 7. No more than one detached garage, no more than one greenhouse, .no more than one storage building, and no more than one gazebo. shall be located on a residential parcel. Subd. 8. No accessory building shall be more than one story in height, greater in lot coverage than the principal building, or greater in height than the principal building. 515.31. Subdivision of lots. Whenever `a lot in the R-1 District is subdivided or re- subdivided in accordance with the provisions of Section 500 of the City Code, the requirements for lot area, width and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.33. 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 March 1, 1995 shall be a minimum of 24 feet in length and width for at least 50 percent of each distance as measured from outside wall surfaces, and shall contain a minimum of 1,100 square feet of gross floor area. p. 515-19 Richfield City Code (Zoning) R-1 District DRAFT Subd. 3. rarage_planninQ. Building plans submitted after Mazch 1, 1995 for new single family dwellings shall includ ~~ag onsuuction of su h g age spacehthat does shall designate area(s) on the lot for not require any variances. For the purposes of this subdivision only, each vehicle shall require a gazage space of not less than ten feet in width by 20 feet in depth. Subd. 4. Detached g~ag_e in side vazd area. Building plans submitted after Mazch 1,- 1995 for a detached garage located in any side yazd azea shall be placed on frost footings if any portion of such gazage is less than 10 feet fro~.the dwelling. Subd. 5. Performance standards of Section 540. Developments other than single family dwellings shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540. 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. 515.35. [Reserved]. p. 515-20 ~~~~ i Richfield City Code (Zoning} MR-1 District 515.37 Two Familv Residential District fiVIR-11. Subdivision 1. Subsections 515.37 to 515.57 apply to the MR-1 District. Subd. 2. Purooses. The purposes of the MR-1 District are to: a) reserve appropriately located areas for two family residential dwellings; b) .preserve as tttany as possible of the desirable characteristics of the single family residential district while permitting higher population densities.; c) ensure adequate light, air, privacy, and open space for each dwelling unit; d) 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 e) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.39. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-1 District. Subd. 2. Two family dwellings. Subd. 3. Single family (detached) dwellings, except manufactured homes. Subd. 4. 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 similar facility, except as provided for in Section 515.43, Subd. 2 of this code. Care facilities located in the MR-1 District shall be subject to the same zoning regulations. as two family dwellings in the MR-1 District. Subd. 5. Minor public utilities. 515.41. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the MR-1 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. p. 515-21 Richfield City Code (Zoning) MR-1 District DRAFT 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. 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. 6. Carports which do not exceed an aggregate of 1,200 square •feet in area when combined with all other accessory buildings and attached garages on the lot. Subd. 7. Private swimming pools as defined in Section 420 of the City Code, provided that such private swimming pools and related equipment shall 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 or any non-pool related accessory structure. Subd. 8. Licensed day care homes 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. 9. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 10. Private driveways, parking areas, and sidewalks provided the following conditions are met: 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 Coveraee Within the Front Yard Area 65 feet or less: 50% 66-75 feet: 48% over 75 feet: ~% p. 515-22 DRAFT lticriheta ury e.oae ~~.ontng~ MR-1 District d) within the front yard area, no more than three parking spaces shall be permitted per dwelling unit -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 per dwelling unit shall be permitted from a public street to an interior lot. A corner lot may have one curb cut per dwelling unit from each public street, provided the driveway setback requirement in item (iii) above is met; and (v) upon written request from the landowner, items (i), (ii), (iii), and (iv) above may be varied by the Director with a finding of necessity and public convenience. 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 driveways, parking areas, or sidewalks shall comply with this subdivision; and g) any expansion or installation of a driveway, parking area, or sidewalk shall be subject to a City permit.. . Subd. 11. 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 meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location; b) no advertising message shall be on the antenna structure; p. 515-23 Richfield City Code (Zoning) MR-1 District ~ ~.~7/ c) such structures shall be screened to the greatest extent. practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for giound mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Duector; and d) such roof mounted structures shall not extend higher than ten feet above the highest point of the roof, .except as provided .for in Sectio 515.43, Subd: 6 of this code. _ Subd. 12. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 13. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 14. Gardening, provided no sale of products is conducted on the lot. Subd. 15. Other uses customarily associated wrth ut incidental to the principal use, as determined by the City pursuant to Sectio 508.05 of this code. 515.43. 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 545.05 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: 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; p. 515-24 ~~~~ ~ _ ~ !\1N111G1N l.ll~' •+vuv ~.-.v•••••b/ MR-1 District 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, narural 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 strucrure 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 strucrure. The declaration shall provide protection to the property owners and the City on the following subjects: (i) building and use restrictions; (ii) party 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 root color or type. The City shall be a third patty beneticiary of such declaration. h) accessory buildings along the common lot Iine 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 rggulatons in Secnon 500 of the City Code. Subd. 6. Accessory root-mounted antennas which extend higher than ten feet above the highest point of the rout. Subd. 7. Major puhli~ utilities. Subd. 8. Other uses similar to those cond'tionally permitted by this section, as determined by the Citv pursuant to Section 508.0 of this code. p. 515-25 Richfield City Code (Zoning) MR-1 District V~H~ t 515.45. 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 death: . ~S"£ :.. :. i~#~ :... :<::.:;: ~.~'~,.~' 6.700 S . Ft. 50 Ft. 100 Ft. ;,. ,:`,'~':~~.)l?~3~ ...: ~ 10.000 S . Ft. 75 Ft. ~ -100 Ft. Subd. 3. Special grandfather clause for certain MR-1 lots. A lot that was a lot of record on or before March 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 in the MR-1 District shall be 30 percent. 515.47. Reauired building setback and maximum. height. Subdivision 1. tandard . The standards set out in this subsection apply in the MR-1 District. Subd. 2. Required building_setback and maximum height: S)f1,1GI,E l~'AMILY ` 30 Ft. S Ft. 10 Ft: 15 Ft. 25 Ft. <;: TWt3 FA1KYi•1~ 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. ACCESSOR3'` 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 kev 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. p. 515-26 V~~~ -Yw-_--_ - -~ MR-1 District Subd. 5. Setback reductions for nrincinal buildinQS. The following setback reductions apply in the IvIIt-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 structures; b) windows and. window units~:may project a maximum of 24 inches into a required front yazd,~ stceetside side yard, or reaz yazd, provided the floor . . azea 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 508.11. Subd. 6. Setback reductions for accessory buildings. The following setback reductions apply in the IvIR=1 district: a) the interior side setback requirement for accessory buildings located entirely five or more feet beyond the reaz 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 S 15.47, Subd. 3 of this code and all building codes aze met. 515.49. Additional rules for accessory buildings and uses. Subdivision 1. The additional rules set out in this subsection apply to accessory buildings and uses in the MR-1 District. Subd. 2. Accessory buildings shall be located not less than five feet from any other building (dwelling included) on the lot: The Building Code z~equires fire protected . walls for buildings located less •than six feet apart. The eave overhang from adjacent • structures on the same lot shall be no less than four feet apart. Subd. 3. The roof overhang (eave projection) for accessory buildings shall not be located closer than two feet from any lot line. Subd. 4. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 5. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 6. No accessory building shall be constructed on any residential lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. p. 515-27 Richfield City Code (Zoning) ~~ ~~ MR-1 District Subd. 7. No more than one detached garage, no more than one greenhouse, no more than one storage building, and no more than one gazebo shall be located on a lot. Subd. 8. No accessory building shall be more than one story in height, greater in lot coverage than the principal building, or greater in height than the principal building. 515.51. Subdivision of lots. Whenever a lot in the MR-1. District is subdivided or re- subdivided in accordance with the.provisiode ~ ~~ coverage, and building setbackt shat be the requirements 'for lot area, width .and p applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.53. Outdoor ocen space requirement. There shall be a minimum of 600 square feet of outdoor open space provided on ;the lot per dwelling unit in the MR-1 District. This requirement shall be increased by 100 square feet for each bedroom in excess of two per dwelling unit. 515.55. Parking requirement. :For two family and twin. home dwellings, 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. 515.57. 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 March 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. Garase planning. Building plans submitted after March 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 earaQe in side yard area. Building plans submitted after March 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 540. Developments other than single family, two family, or twin home dwellings shall be constructed and maintained in accordance .with the applicable performance standards set out in Section 540 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. p. 515-28 ~~~~ ~ MR-Z District 515.59. Multi Family Residential District (MR-2). Subdivision 1. Subsections 515.59 to 515.77 apply to the MR-2 .District. • Subd. 2. Pumoses. 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) .ensure adequate light, air, privacy, and. open space for each dwelling unit; - d) 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; . e) provide adequate space for otf-street parking and loading; and f) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.61. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-2 District. Subd. 2. Multi-family dwellings (excluding townhouses) with eight or fewer units. Subd. 3. Townhouses, subject to the additional requirements outlined in Section 515.69 of this code. Subd. 4. 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 SI5.65, 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. 5. Minor public utilities. 515.63. Accessory uses. Subdivision 1. The uses permitted in this subsection are allowable accessory uses in the MR-2 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. p. 515-29 Richfield City Code (Zoning) MR-2 District Ye~r~i i Subd. 5. Storage buildings designed for use by the maintenance staff for storage or' as a workshop associated with normal upkeep of the property. Subd. 6. Licensed family day care homes serving three or fewer persons, or group family day care facilities Iicensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving six or fewer persons, or as otherwise permitted by law. Subd. 7. Licensed foster family homes serving three or fewer children, or as otherwise permitted by law; . Subd. 8. Satellite. dish antennas and other ,antennas and towers that aze incidental to the principal use on the premises, provided that they conform to Section 425 of the - City Code and meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such strucrures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for groune mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna strucrures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend highei than ten feet above the highest point of the roof, except as provided for in Section 515.65, Subd. 6 of this code. Subd. 9. Home occupations which are operated in accordance with Section 508.21 of this code. Subd. 10.~ Fences, wails, and hedges as permitted in Section 508.23 of this code. Subd. 11. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.65. ('onditional uses. Subdivision 1. The uses listed in this subsection aze conditional uses in the MR-2 District, and are subject to the conditional use permit provisions outlined in Section 545.05 of this code. Subd. 2. Multi-family dwellings with nine to 25 units. Subd. 3. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which aze 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. p. 515-30 ~~ar i xtcnrteia ~.uy L.u.ac ~~..,.....b~ MR-2 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, pans 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities aze located in comrfton areas of multi-family buildings and the following conditions are met: a) designated pick-up and drop-off azeas shall be located on the site; and b) outdoor play, areas shall be setback 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 roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 7. Major public utilities. Subd. 8. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 515.67. Minimum lot area floor area and narking requirements _for multi-family dwellings (excluding townhouses). Subdivision 1. Standards. The standards set out to thts subsection apply to apartments and condominiums in the MR-Z District. Subd. 2. Minimum lot size: 15.000 square feet. Subd. 3. Minimum lot area: ?.500 square feet per unit, adjusted as follows: a) For each parking stall under the multi-family structure or underground, subtract 500 square feet per dwelling unit from the minimum lot azea per dwelling. unit, but the total number of such subtractions shall not exceed the number of dwellinb units. b) For each bedroom in axcess of two in any one dwelling unit, add 500 square feet to the minimum lot area per dwelling unit. Subd. 4. Minimum fl~~r areas' a) Efficiency - 400 square feet per unit. b) One-bedroom - 550 square feet per unit. c) Two-bedroom - 750 square feet par unit. d) Mora than two badrooms -add 150 square feet per bedroom to that required for a two bedroom dwelling unit. p. 515-31 Richfield City Code (Zoning) MR-2 District LI~Af ! Subd. 5. Minimum parking: Two off-street pazking spaces. shall be provided for each dwelling unit. The Council, at its discretion, may reduce the minimum required pazking to not less than 1.5 parking spaces per unitincludinltibut~notslitttitedeto the seven or more units, after consideration of factors g edestrian orientation, • present or future availability of transit services, shared parking, p and occupancy chazacteristics. In addition, the Council may further reduce the parking requirement for. senior housing complexes. 515.69. Minimum lot area floor area and parkin requirements for townhouses. . Subdivision 1. Standards. The standards set out in this subsection apply to townhouses and other attached dwelling units of a similar nature in the MR-2 District. Subd. 2. Minimum lot area: aj Three unit structure: 4,000 square feet per unit. b) Four unit structure: 3,500 squaze feet per unit. c) Five or six unit structure: 3,000 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 squaze feet per unit. Subd. 4. Minimum yarkinQ: Two off-street parking spaces, at least one of which shall be in a garage, shall be provided for each dwelling unit. .515.71. Requirements for all multi family structures in the MR-2 District. Subdivision 1. . Standards.. ~ The standards set ~ouf in this subsection apply to all multi-family structures (including townhouses). 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 oven space reouirements: a) Two or fewer bedrooms: 325 square feet minimum per dwelling unit. b) Three or more bedrooms: 425 square feet minimum per dwelling unit. p. 515-32 DRAFT 1C1G:ililCl(i lily L.tKiG (LVillii~' J MR-2 District 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 squaze feet to the outdoor open space requirements Iisted above. Subd. 6. Minimum setback requirements: a) Frobt: 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 standazds set in the Richfield Parking Requirements, on file with the Office of Community Development. 515.73. Requirements for accessory buildinQS and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the MR-2 District. Subd. 2. The maximum height for accessory buildings shall be 15 feet. Subd. 3. Accessory buildings shall be set back a minimum of 10 feet from any reaz or interior side lot line, except that if a vehicle access door faces a reaz or interior side lot line, such rear or interior side setback requirement shall be~not less than 20-feet. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. Subd. 5. No accesson~ building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 6. In the case of a through lot or corner lot, no accessory building shall be located within 30 feet of the lot lines abutting any street. Subd. 7. No accesson~ building shall be constructed on a lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. p. 515-33 Richfield City Code (Zoning) MR-2 District Ll11`1! 515.75. Subdivision of lots. Whenever a lot in the MR-2 District is subdivided or re- subdivided in accordance with the provisions of this code and Section 500 of the City Code, the requirements for lot area, width and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.77.. .Performance standards. Subdivision 1. Developments .shall be .constructed and maintaine$ 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. Subd. 3. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 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. p. 515-34 V t~~ 1~ ~ ..,.....,..........~ ......,. ~-...,-----ai MR-3 District 525.79. High Density Multi Familv Residential District (MR-31. Subdivision 1. Subsections 515.79 to 515.95 apply to the MR-3 District. Subd. 2. Purooses. The purposes of the MR-3 District are to: a) reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; . b) preserve as many as possible .of the desirable characteristics of the single .family district while permitting higher population~densities; _ c) ensure adequate light, -air, privacy, and open space for each dwelling unit; d) provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment; e) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding infrastructure; f) provide necessary space for off-street parking and loading of vehicles; and g) protect residential properties from noise, illumination, tmsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 515.81. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR-3 District. Subd. 2. Multi-family dwellings with 20 or fewer units. Subd.. 3. 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 515.85, Subd. 4 of this code. Care facilities shall have the same zoning requirements as multi-family dwellings in the MR-3 District. Subd. 4. Minor public utilities. 515.83. Accessory uses. 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. p. 515-35 Richfield City Code (Zoning) MR-3 District VK~r ~ 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 meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such strucrures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna strucrures. Screening plans shall be approved by the . Director; 'and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 515.85, Subd. 7 of this code. Subd. 10. • Antennas and related fearures that are owned and operated by a telecommunications company, the use of which is not incidental to the principal use; provided that they conform to Section 425 of the City Code, are located on the rooftop or near the roof-line, screened from public view to the extent possible, do not carry advertising messages, and do not extent higher than ten feet above the highest point of the roof except as provided for in Section 515.85, Subd. 7 of this code. Subd. 11. Home occupations which are operated in accordance with Section 508.21 of this code. p. 515-36 VRr-s ~ MR-3 District Subd. 12. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 13. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 515.85. 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" 545.05 of this code. 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. Accessor~• foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 6. Roof-mounted antennas which extend higher than ten feet above the highest. point of the loot. Subd. 7. Major public utilities. Subd. 8. Other uses similar to those conditionally permitted by this section,. as determined by the Cite pursuant to Section 508.05 of this code. 51.87. Minimum lot area flcx~r area and narking requirements for multi-family dwellings. Subdivision 1. Standards. The standards set out in this subsection apply to all multi-family dwellings in the MR-3 Distrut. Subd. 2. Minimum lot size: 60.000 square feet. p. 515-37 Richfield City Code (Zoning) MR-3 District Subd. 3. Minimum lot area: 2,000 square feet per unit, adjusted as follows: a) For each parking stall under the strucrure 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 axceed 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 par 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 otf-street parking spaces shall be provided for each dwelling. unit. The Council, at its discretion, may reduce tha minimum required parking to not less than 1.25 parking spaces per unit for complexes with 10 or more dwelling units, after consideration of factors including but not limited to the present or ' furure 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. 515.89. Re uirements for multi-family structures in the MR-3 District. Subdivision 1. Standards. The standards set out in this subsection apply to all multi-family structures. Subd. 2. Maximum huildin~ height: 50 teat. Subd. 3. Minimum lot width: 150 feet. Subd. 4. Maximum lot coverage (principal structure): 30 percent. Subd. 5. Outdoor oven space reou~rements: a) Two or fewer bedrooms: 300 square feet minimum per dwelling unit. b) Thrae or more bzciro~~ms: 400 syuare feet minimum par dwelling unit. p. 515-38 DRar i -Yw----- ~ -~ MR-3 District c) Balconies and porches with at least 70 square feet and seven feet of width which aze directly accessible by individual dwelling units may be counted as contributing 150 squaze feet to the outdoor open space requirements listed above. Subd. 6. Minimum setback requirements: a) Front: 40 feet. ~ ~. b) Side: (i) interior -height of building or 30 feet, whichever is greater. (ii) streetside - 40 feet. c) Rear: height of building or 35 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. 515.91. Requirements for accessory buildings and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the MR-3 District. Subd. 2. The maximum height for accessory buildings shall be 15 feet. Subd. 3. Accessory buildings shall be set back a minimum of 10 feet from any rear or interior side lot line, except that if a vehicle access door faces a rear or interior side lot line, such rear or. interior side setback requirement shall be.not less than 20 feet. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. Subd. 5. No accessory building on any lot, except through lots, shall be situated forward of the front line of the principal building. Subd. 6. In the case of a through lot or corner lot, no accessory building shall be located within 30 feet of the lot lines abuning any street. Subd. 7. No accessory building shall be constructed on a lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. p. 515-39 Richfield City Code (Zoning) 1VIR-3 District DRAFT 515.93. Subdivision of lots. Whenever a lot in the MR-3 District is subdivided or re- subdivided. in accordance with the provisions of Section 500 of the City Code, the requirements for lot area, width .and depth, lot coverage, and building setback shall be applied to the newly subdivided lot(s). When computing lot area, width, and depth, the area which is unencumbered with street, alley, or highway easements shall be used. 515.95, 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 25 percent of the dwelling units in any one building shall be efficiency dwelling units. Subd. 3. Developments .shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 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. p. 515-40 Di2AF1 iut.uiiciu t„uy ~,va+.. ~~.......b~ General Regulations for all Residential Districts 515.97. General regulations for all residential districts. The regulations listed in Subsections 515.97 to 515.105 apply to all residential districts. 515.99. Signs. Signs within the residential districts shall be regulated by Section 416 of the City Code. ,• 515.101. Curing non-vermitted uses and structures. Subdivision 1. Statement of policy. The City. Council has become aware .that there exists a number of instances of uses and structures .which, for a variety of reasons, are not permitted within the residential district in which they are located. The Council is, however, mindful that many such uses and structures have existed for long periods of time in harmony with surrounding permitted uses. ~ The Council believes that with respect to many such uses and structures, it is in the best interest of the City and of the owners of the property on which such uses ands structures are located, that they be allowed to continue. The Council also believes that, in many instances, requiring the owner of the property to pursue other procedures contained in this code could result in unnecessary hardship. Therefore, the procedures contained in Subsections 515.103 through 515.105 of this code are intended to provide an expeditious and reasonable method whereby certain non-permitted uses and structures may be made lawful and permitted. 515.103. Uses allowed in the district with a conditional use permit. Subdivision 1. Agvlication. The owner of property containing a use which would be permitted with a conditional use permit in the district may make an application to the Community Development Department ("department") for a conditional activity permit ("CAP"). Application must be made on forms provided by the department for that purpose. The appiication shall be accompanied by a fee in the amount established in Appendix D of the City Code. Subd. 2. Department review. Upon receipt of a completed application and required fee, the department shall conduct such investigation of the matter as it deems appropriate. The department may involve other departments of the City in its investigation and may require other and further information from the applicant as may be required to complete its investigation. Upon completion of its investigation, the department shall make a written. report and recommendation to the .Planning Commission. The report. must contain an analysis of the criteria described in Subd. 3, item g) of this subsection. ' Subd. 3. Planning Commission review. a) Public notice. Notice of the Planning Commission consideration of the application shall be made in the manner provided in Minnesota Statutes Section 46'_.357, Suhd. 3. b) Public hearing. The Planning Commission shall hold a public hearing on the application. At the public hearing, the Planning Commission will consider the report and recommendation of the department, and any information which the applicant or other interested parties wish to provide, and may consider such other information as the Planning Commission will assist it in reaching its decision. p. 515-41 Richfield City Code (Zoning) General Regulations for all Residential Districts DRAT c) ~.Deci ion. Following the public hearing, the Planning Commission ,will make its findings and recommendation regarding the application. Its recommendation may also include conditions which it believes should be attached to the CAP or to the granting of the CAP. The findings of the Planning Commission must include an analysis of the criteria contained in Subdivision 3, item g) of this subsection. d) Procedure following Plannin;~ommission decision.. The application will be referred to the Council for deciston to accordance with • item e) of • this subsection in the following instances: (i) the Planning Commission specifically recommends such referral; . (ii) the Planning Commission recommends denial of the application; (iii) the Planning Commission is unable to adopt a recommendation as to approval or denial; or (iv) the Planning Commission has recommended approval following a recommendation of denial by the department. In all instances other than those outlined in (i) through (iv) above, the application shall be referred to the department for a decision in accordance with item fl of this subdivision. e) Referral to the Council (i) Puhlic notice. The Council may, but is not required to, give public notice of iu consideration of the application. The Council shall give notice of the time and date of its consideration to the applicant. ' (ii) Consideration. ` The Council will consider the report and recommendation of the department, any findings and recommendations of the Planning Commission, any information offered by the applicant and other interested persons and any other information which the Council believes will assist it in consideration of the application. f) Referral to department. The department shall notify the applicant of any pre-conditions to issuance of the CAP. and if none, or when satisfied, the department will issue the CAP subject to any conditions which the department deems appropriate. g) Criteria. No CAP may be recommended or approved unless the following criteria have heen found to exist: p. 515-42 General Regulations for all Residential Districts (i) the use meets all the standards contained in this code for the issuance of a conditional use permit; (ii) the use has existed in substantially its present form for at least 15 yes' (iii)during its existence no complaints of. adverse neighborhood impacts have been reported to the city; (iv) the use was established either by a prior owner, or by the current owner upon a good faith belief that the use was lawful when established; and (v) if the CAP relates to an existing structure, the structure either conforms to the current requirements of the building code, or the requirements of the building code as of the effective date of the C~1P; or the Building Official and applicant have agreed upon a compliance schedule which will bring the structure into compliance with the applicable building codes according to the terms of the schedule. h) CAP -effective date. The CAP shall be deemed effective on the date of issuance unless the issuing authority determines that, for good cause shown by the applicant, the CAP should be effective as of an earlier date. i) CAP -relationship to CUP. Once issued, a CAP shall be treated in all respects as a conditional use permit and shall be subject to all of the provisions of this code regulating conditional use permits. 515.105. Use or structure not permitted in the district. Subdivision 1. Application. The owner. of property which contains a use or structure which is not permitted in the district in which it is located may make. application to the Community Development Department ("department") for a nonconforming use permit ("1~1UP"}. Application must be made on forms provided by the department for that purpose. The application shall be accompanied by a fee in the amount established in Appendix D of the City Code. Subd. 2. Department review. Lpon receipt of a complete application and required fee, the department shall conduct such investigation of the matter as it deems appropriate. The department may involve other departments of the City in its investigation and may require ocher and turther information from the applicant as may be required to complete tts investigation. Upon completion of its investigation, the department shall make a wrinen report and recommendation to the Plarming Commission. The repurt must contain an analysis of the criteria described in Subd. 4, item c) of this subsectiun. p. 515-43 Richfield City Code (Zoning) ~~~~T General Regulations for all Residential Districts. Subd. 3. Planning Commission consideration. a) Public notice. The Planning Commission may, but is not required to, give public notice of its consideration of the application. The Planning Commission shall direct notice of its consideration to the applicant. b) Consideration and decision. The Planning Commission will consider the .report and recommendation of the department, any information offered by. the applicant or other interested persons and any other information which the Planning Commission believes will assist it in consideration of the application. Following the receipt of all such information, the Planning Commission will make its findings and recommendation concerning the application. The decision must include findings regarding the criteria contained in Subd. 4, item c) of this subsection. The Planning Commission may recommend that the Council place conditions on approval or on the NUP. Subd. 4. ('ouncil consideration and decision. a) Public notice. Notice of Council consideration of the application shall be made in the manner provided in Minnesota Statutes, Section 462.357, Subdivision 3. b) Public hearing. At its public hearing, the Council will consider the report and recommendation of the department, and findings and recommendations of the Planning Commission, any information offered by the applicant or other interested persons and any other information which the Council believes will• assist in its consideration of the application. Following the receipt of all such information, the Council will make its decision regarding the application. The decision must include findings regarding the criteria contained in~ item c) of this subdivision. If the Council approves issuance of ' . the NUP, it may place conditions on such approval or on the NUP. Upon approval of the NUP and satisfaction of any pre-conditions to issuance, the department shall issue the NUP. c) Criteria. No NUP may be recommended or approved unless the following criteria have been found to exist: (i) any structure meets all of the standards contained in this code for the issuance of a variance; (ii) the use or structure has existed in substantially its present form for at least IS years; (iii) during its existence no complaints of adverse neighborhood impacts have been reported to the city; p. 515-44 ~~ ~ Richfield City Code (Lonmg) General Regulations for all Residential Districts (iv) the use or strucrure was established either by a prior owner,. or by the current owner upon a good faith belief that the use or structure was lawful when established; and (v) the structure either conforms to the current requirements of the building code, or the requirements of the building code as of the effective date of the NUP; or the Building .Official and .applicant have agreed upon acompliance schedule which will bring the strucrure into compliance with the applicable building codes according to the terms of the schedule. d) NUP -effective date. The NUP shall be deemed effective on the date of issuance unless the Council determines that, for good cause shown by the applicant, the NUP should be effective as of an earlier date. e) -NUP -effect on use or structure. Upon issuance of a NUP, the use or structure to -which the permit relates shall be deemed a lawful nonconforming use or structure and shall be subject to all of the provisions of this code regulating such uses or structures. p. 515-5 C-1 D1stllct SE ON 520 -ZONING: COMII~RCIAL DISTRICT'S 520.01. Neighborhood Business District (C-11. Subdivision 1. Subsections 520.01 to 520.19 apply to the C-1 District. Subd. 2. Neighhborhood business defined. A neighborhood business is a low intensity business which is primarily oriented to; and intended to serve, the residents located. . within one mile of such business. . Subd. 3. Pumoses. The purposes of the C-1 District aze to: a) provide appropriately located azeas where neighborhood businesses may locate for the shopping convenience of residents of the immediate neighborhood area; b) provide opportunities for neighborhood businesses to concentrate for the convenience of the public and in mutually beneficial. relationship to each other, c) permit the development of neighborhood businesses in those azeas designated for such use in the Comprehensive Plan, according to standazds that minimize adverse impacts on adjacent uses; d) provide areas for neighborhood facilities and institutions which are appropriately located in the neighborhood business district; e) provide adequate space to meet the needs of modern development, including off-street parking areas. loading azeas, and landscaping; f) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the . surrounding land. .buildings, and infrastructure; and g) protect neighborhood businesses from noise, odor, dust, dirt, smoke, vibration. heat, glare, traffic, fire, explosion, noxious fumes, and other objectionable or hazardous influences. 520.03. Permitted uses. Subdivision 1. The uses listed in this .subsection are permitted uses in the C-1 District. Subd. Z. Neighborhood shopping centers or similar multi-tenant developments. with 6,000 squaze feet or less of gross floor area. p. 520-1 Richfield- City Code (Zoning) C-1 District V~Hr ~ Subd. 3. Neighborhood retail establishments (excluding those uses listed in Sections 520.07 and 520.09) with 2,500 square feet or less of gross floor area. Such uses include the following: a) grocery, bakery, meat, or dairy stores; b) fruit or vegetable markets; c) drug~or sundry stores; d) stores which sell bicycles; and e) other neighborhood retail establishments of the same general chazacter as those enumerated above, as determined by the City pursuant to Section . 508.05 of this code. Subd. 4. Neighborhood service establishments (excluding those listed in Sections 520.07 and 520.09) with 2:,500 squaze feet or less of gross floor area. Such uses include the following: a) barber or beauty shops; b) dance or physical culture studios; c) service or repair shops for glass, upholstery, electrical, plumbing, and heating, provided that any related sales aze a result of service, maintenance, or repair; d) video rental/sales shops; e) laundry or dry cleaning establishments; f) bicycle~repair shops; and g) other neighborhood service establishments of the same general chazacter as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. Subd. 5. Neighborhood office establishments (excluding those listed in Sections 520.07 and 520.09) with ?.500 square feet or less of gross. floor area. Such uses include the following: a) business or administrative offices for accounting, law, or real estate; b) professional offices for dental or chiropractic Gaze; and p. 520-2 V rCHr ~ 1~{M{{{a~.aaa ~raaJ vv..v ~arv.....t,/ C-1 Dtstrtct c) other neighborhood office establishments of the same general character as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. Subd. 6. Governmental buildings and public libraries, including their appurtenances. Subd. 7. Nursing or rest homes. Subd. 8. Mitior public utilities. 520.05. Accessory uses. Subdidision 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 520.07, Subd. 6. Subd. 6. 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 meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening shall include landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Director: and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the roof, except as provided for in Section 520.07, Subd. 9 of this code. Subd. 7. Fences, walls. and hedges as permitted in Section 508.23 of this code. p. 520-3 Rrcnrreta arty waC ~~.u~~~ C-1 District - -- -- Subd. 8. Other uses custotaarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 520.07. 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 545.05 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 sliall 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 520.09) with over 2,500 square feet of gross floor area, provided the Council fords that the use is designed specifically to serve the residents of the neighborhood area. . Subd. 4. Class II (traditional/cafeteria) restaurants and Class N (take out only) restaurants, provided the following conditons 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. S. (deleted) 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. p. 520-4 V~KAt' i Richfield City Code (LOrung) C-1 District Subd. 8. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 515.59 of this code. Subd. 9. Roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 10. Major public utilities. Subd: 11. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 520.09. Prohibited uses. The uses listed in this subsection are prohibited in the C-1 District: a) adult business establishments regulated under Section 605 of the City Code or Section 555 of this code; b) auction or consignment auction houses; c) automobile or boat salesJrental lots; d) bowling alleys, ai cades, pool halls, or similar uses; e) car washes; f) financial institutions; g) fortune telling establishments or similar uses; . h) funeral homes; i) gun or ammunition sales/repair; j) hotels/motels; k) junk yards; 1) outdoor merchandising or storage, unless authorized under Section 1135 of the City Code; m) pawn shops or secondhand goods dealers requiring a license under Section 1 I86 of the City Code; n) public garages; o) service stations or service station/convenience stores; p) theaters; q) fire or auto/motorcycle parts stores; r) trucking operations; s) veterinarian clinics; and t) wholesale operations. 520.11. Lot area width, d~th, and coverage. Subdivision 1. tandard . The standards set out in this subsection apply in the C-1 District. Subd. 2. Minimum lot area: 8,000 square feet. Subd. 3. Minimum lot width: a) Interior lot: 60 feet. - b) Corner lot: 75 feet. p. 520-5 Richfield City Code (Zoning) C-1 District Subd. 4. Minimum lot death: 100 feet. Subd. 5. Maximum impervious surface coverase: SO percent. 520.13. R~q_uired~ building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the C-1 District. .Subd. 2. Required setback and maximum height: >;> >;::.::.:;:::: $.~.~1t~ ~'R`Q1' , ~":::. ~ _ :..>F~~Iffl',tt~ Sih~F ~IfA3Cl11d'1}bf , :..:~Ji`i~ll3Ts~.:....~I~IGF~` , '~>~' 30 Ft. 15 Ft. 15 Ft. 20 Ft. 30 Ft. ~i~~RY ~ 30 Ft. 8 Ft. 15 Ft. 20 Ft. 15 Ft. Subd. 3. Additional setback reguirement• 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. Additions] setback reguirement• 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 not less than 30 feet. (Figure 12) Subd. 5. Front setback reduction: nrincinal building's. The front setback requirement for a principal building on a lot may be reduced to no less than the average front setback of the existing principal building(s) abutting such lot, to a minimum of 25 feet, except that this provision shall not apply if an~~ dingle family lot faces the .same street and lies between the same two cross- Corner lot .. ~ o ~s .; ~~ 30 , ' 'streetside' ' side lot Nnc Key lot tY ~~ b M airg3 streets. ~ Figure 12 Subd. 6. Interior side- setback reduction• principal and accessory buildings. Whenever an interior side lot Gne shuts anon-residentially zoned or used parcel, such interior side setback .requirement ma~~ he reduced to three feet for principal and accessory buildings. Subd. 7. Stor}~ limitations.. Pnnc~pal buildings shall not exceed two stories in height, and accessory buildings shall not exceed one story in height. p. 520-6 j~~Cf-~-r 1 a~a..a.uv... v..~ ....~.- ~----a~ C-1 District 520.15. Additional requirements for accessory buildins and uses. Subdivision 1. The requirements set out in this subsection apply to accessory butldtngs and uses in the C-1 District. Subd..2. .No accessory building on any lot, except through lots, shall be situated forward of the front building line of the principal building. In the case of a through lot, no accessory building shall be located within 30 feet of the lot lines abutting either street. Subd. 3. In the case of a corner lot, no accessory building shall be located in the yard area between the principal building and either street. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. Subd. 5. No accessory building shall be located on any lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. Subd. 6. The architectural design and building materials of an accessory building shall be similar to the principal building. Subd. 7. No accessory building shall be greater in lot coverage than the principal building, or greater in height than the principal building. 520.17. Conduct of business operations. Subdivision 1. The following restrictions shall apply in the C-1 District. Subd. Z. Except for antique and clothing stores exempt from licensing under Section 1186 of the City Code, goods offered for sale shall consist primarily of new merchandise. Subd.~3. Goods or services which are objectionable by reason of odor, dust, fumes, noise; vibration, refuse rnatter, or ~ waterborne waste shall not be stored, processed, or sold in. the C-1 District. 520.19. Additional reQUlatiom and regUirements. Subdivision 1. The regulations and requirements set out in this subsection apps}~ to buildings and uses in the C-1 District. Subd. 2. Developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 3. Signs within the C-1 District shall be regulated by Section 416 of the City Code. p. 520-7 Richfield City Code (Zoning) C-1 District Subd. 4. Where no alley is present, a rear yard area which abuts any residential parcel _ shall not be used for parkin;, loading, or storage within eight feet from the rear lot Iine. Subd.. 5. All .property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. p. 520-8 V /~ ~'1~ ^ 520.21. General Commercial District~C-21. apply to the C-2 District. iC1GIII1CIU l.lly I.UUC ~LURLR~'J C-2 District Subdivision 1. Subsections 520.21 to 520.37 Subd. 2. oses. The purposes of the C-2 District aze to: a) provide appropriate areas for general commercial uses; b) provide opportunities for general commercial uses to concentrate for the ~convenienee of the public and in mutually beneficial relationship to each other; ~ . ~ . c) permit the development of general commercial uses in those azeas designated for such use in the Comprehensive Plan, according to standazds that minimize adverse impacts on adjacent uses; d) provide areas for community facilities and institutions which are appropriately located in the general commercial district; e) provide adequate space to meet the needs of modem commercial development, including off-street parking areas, loading areas, and landscaping; fl permit and reserve areas for employment activity and service to the public; and g) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding land, buildings, and infrastructure; and h) protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other objectionable or hazardous influences. 520.23. Permitted uses. Subdivision 1. The uses .listed in this subsection are permitted uses in the C-2 District. ~ ~ ~ ~ . Subd. 2. Shopping centers or similar multi-tenant developments with 100,000 square feet or less of gross floor area. Subd. 3. Retail, service, and office uses with 50,000 squaze feet or less of gross floor area (excluding those uses listed in Section 520.27 of this code). Permitted uses may exceed the 50,000 square foot size limitation if located within a shopping center or other multi-tenant building. Such permitted retail, service, and office uses include, but are not limited to, the following: a) antique stores or secondhand goods stores that do not require a license under Section 1186 of the City Code; b) bowling alleys, pool halls, or arcades; p. 520-9 iZtcnitelQ t.tty t,;oae l~~gJ C-2 District ~~cAr 1- c) carpet, decorating, or paint stores; d) Class N (take out only) re;~taurants which do not provide drive-up window service; e) clothing or shoe stores; . • f) ~ computer, duplicating, or_ office products stores; '. g) craft stores; • h) dry cleaning service or self-service laundries; • i) fabric, sewing, or tailoring stores; . j) financial institutions without drive-up.window service, including currency exchanges licensed by the State; k) furniture or appliance sales stores; ~ • 1) general merchandise or drug stores; m) gift or book stores; n) hazdwaze stores; o) municipal liquor stores; p) music stores; q) nursing or rest homes; r) offices, business or professional; s) photography studios or film development; t) printing establishments or book binding shops; u) stereo installation services within an enclosed building; v) taxi or limousine services; w) fire or auto/motorcycle parts stores; x) tree trimming services with no outdoor storage of trimmings or materials; y) veterinarian clinics; z) other retail, service, and office establishme~s of the same general character as those enumerated above, as determined by the City pursuant to Section 508.05 of this code. Subd. 4. Governmental buildings and public libraries, including their appurtenances. Subd. 5. Public or private elementary and high schools,. and other similar leaning institutions. Subd. 6. Religious institutions and related convents or parsonages. Subd. 7. Adult business establishments regulated under, and operating pursuant to, Section 119.6 of the City Code. Subd. S. Minor public utilities. p. 520-10 ~~Ar ~ Richfield City Code (Zoning) C-2 District 520.25. Aooessorv 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 520.27, 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 meet the following additional requiremetas: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. sScreening shall include landscape materials for ground mounted arnenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna swctures. Screening plans shall be approved by the Director; and d) such roof-mounted structures shall not extend higher than ten feet above the highest point of the. roof, except as provided for in Section 520.27, Subd. 26 of this code. Subd. 6. Antennas and related features that are owned and operated by a telecommunications company, the use of which is not incidental to the principal use; provided that they conform to Section 425 of the City Code, are located on the rooftop or near the roof-line, screened from public view to the extent possible, do not carry advertising messages, and do not extent higher than ten feet above the highest point of the roof except as provided for in Section 520.27, Subd. 26 of this code. Subd. 7. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 8. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. p. 520-11 Richfield City Code (Zoning) C-2 District iViiMi 1 520.27. ~gnditional 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 545.05 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 Iocated 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 heverages shall not he served; and d) exterior speakers shall compl}' with the noise control limits set by Section 930 of the City Code. Subd. 7. Class I (full services restaurants and Class II (traditional/cafeteria) restaurants, provided the following conditions are met: p. 520-12 u~~r ~ ivwtucau •.aa~ ~.vu.. ~...v..,..b~ C-2 D1Strict a) a buffer yard of not less than 25 feet in width shall be provided to sepazate 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 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 sepazate all aspects of such use from abutting residential parcels -the Council may reduce this requirement to not less than ZO 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 Ciry 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 sepazate 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. p. 520-13 Richfield City Code (Zoning) G-2 District . . ~~ ~~ s 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 Disuict -for the purpose of this subdivision, a lot which merely adjoins the use site at one comer shall not be deemed to abut the use site; . c) a buffer ~yazd 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 fire 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 sue 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; p. 520-14 D~zar t w. _ C-2 District 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 fire 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; 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. p. 520-15 Richfield City Code (Zoning) C-Z District v~~d1i ~ 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 sepazate such car wash facilities and related queuing azeas from any abutting residential pazcel or street right-0f--way; b) queuing space for at least six cars (105 feet) shall be provided, as measured from but not including the .wash station -such queuing space shall not interfere with parking spaces or traffic circulation; c) the car wash and site shall be designed to prevent icing and muddying of public streets; d) the driveway between the exit door of the car wash and the street right-of- way shall be at least 40 feet in length; and e) the caz 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 comer 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; fl 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 fire inflation or adding windshield wiper fluid. p. 520-16 Varna a' tcic:uiiciu ~.uY wuc <<v,,,ug~ C-2 District 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 comer 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; 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 fire inflation, and adding oil or wiper replacement. Subd. 18. Pawn operations, secondhand goods operations which require a license under Section 1186 of the Ciry 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 tie located not less than 1,000 feet from any existing pawn operation, secondhand goods operatign which requires a license under Section 11 &6 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; p. 520-17 Richfield Ciry Code (Zoning) i.+ a ° ~ ~ ~ C-2 District f) off-street parking requirement: (i) pawn operations and secondhand goods operations which require a license under Section 1186 of the Ciry Code shall provide at least five pazking spaces per 1,000 square feet of gross floor area or ten pazking 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 azea or 70 pazking 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; i) auction houses and consignment auction houses shall have designated on-site loading and drop-off areas which aze 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 508.13 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 Ciry Code; b) such uses shall be• located not less than 3010 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 salesirepair businesses; and d) such uses shall be located nor less than 100 feet from residentially zoned propem~. Subd. 20. Single family dwellings that comply with the R-1 District provisions and requirements, as set out in Section 515.17 of this code. Subd. 21. Two-family dwellings that comply with the MR-1 provisions and requirements, as set out in Section 515.37 of this code; and p. 520-18 Vjth[- ~ xicnneta c.iry ~oae ~~onmg~ C-2 District Subd. 22. Multi-family dwellings that comply with the MR-2 District provisions and requirements, as set out in Section 515.59 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 515.07, Subd. 10 of this code. Subd. 24~. Apartments within commercial buildings which exceed 50 percent of the gt',oss floor area.. Subd. Z5. 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. Subd. 26. Roof-mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 27. Major public utilities. Subd. 28. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 520.29. Lot area. width, depth, and coverage. Subdivision 1. tandard . The standards set out in this section apply in the C-2 District. Subd::2. Minimum lot area:.9,000 square feet. Subd. 3. Minimum lot width: a) Interior lot: 75 feet. b) Corner lot: 90 feet. Subd. 4. Minimum lot depth: 100 feet. .Subd. 5. Maximum impervious surface coverage: 85 percent. p. s2a19 Richfield City Code (Zoning) C-2 District ~~~~ 520.31. Required building setback and maximum heis=ht. Subdivision 1. Standards.. The standards set out in this section apply in the C-2 District. Subd. 2. Required setback and maximum height: , ,: .. .. __ ~a~EI.~ ,. _ .. ~F~~ , i~lG~` :; .i~RgtE~~I. ~ 35 Ft. 20 Ft. 20 Ft. 25 Ft. 40 Ft. ~ . »t>A~CESSt)RY>< 35 Ft. 8 Ft.~ 20 Ft.. 25 Ft. 15 Ft. Subd. 3. Additional setback requirement: vehicle access door facing a side or rear lot Iine. 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 kev lot. On a corner lot which abuts a key lot, the streetside side setback requirement of such corner lot shall be not less than 30 feet. (Figure 13) Subd. 5. Front setback reduction: principal buildings. The front setback requirement for a principal building on a lot may be reduced to no less than the average existing front setback of the existing principal building(s) abutting such lot, to a minimum of 30 feet, except that this provision shall not apply if any single family lot faces the same street and lies between the same two cross- streets. ~- Corner lot -- ----~- - ~=--i. ..~ ~~ ~s ~ 30'; ' "streetside" side lot line ~~ Key lot bt Gne ~ curb Figure 13 Subd. 6. Interior side setback reduction: principal and accessory buildings. Whenever an •interior side lot line abuts anon-residentially zoned or used parcel, such interior side setback requirement may be reduced to three feet for principal and accessory buildings. Subd. 7. Story limitations. Principal buildings shall not exceed three stories in height, and accessor~• buildings shall not exceed one story in height. p. 520-20 xtcnneta wry ~.vuc ~~.utung~ C-2 District 520.33. Additional requirements for accessory buildings and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the C-2 District. Subd. 2. No accessory building on any lot, except through lots, shall be situated forward of the front building line of the principal building. In the case of a through lot, no accessory building shall be located within 35 feet of the lot lines abutting either street. Subd. 3. In the case of a corner lot, no accessory .building shall be located in the yard . area between the principal building and either street. Subd. 4. The required setback between an accessory building and any other building on the lot shall be determined by Section 400 of the City Code. Subd. 5. No accessory building shall be located on any lot .prior to the time of construction of the principal building on the lot, unless specifically approved by the Ciry Council. Subd. 6. The architectural design and building materials of an accessory building shall be similar to the principal building. Subd. 7. No accessory building shall be greater in lot coverage than the principal building, or greater in height than the principal building. 520.35. Conduct of business operations. Subdivision 1. The following restrictions shall apply in the C-2 District. Subd. 2. All uses and operations related to any business shall be conducted wholly within a completely enclosed building, except as expressly allowed in this section and Section 1135 of the City Code. Subd. 3. Goods or services which are. objectionable by reasons o~ odor, dust, fumes, noise, vibration,' refuse matter; or .waterborne waste shall not be stored, processed, or sold in the C-Z District. 520.37. Additional r~ulations and requirements. Subdivision 1. The regulations and requirements set out in this subsection apply to buildings and uses in the C-2 District. Subd. 2. All developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 3. Signs within the C-2 District shall be regulated by Section 416 of the City Code. p. 520-21 Richfield City Code ('Zoning) C-2 District Subd. 4. Where no alley is present, a rear yard area which abuts any residential parcel shall not be used for parking, loading, or storage within eight feet from the rear lot line. Subd. 5. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and/or modifications. p. 520-22 V n h!t ^ ximneta c.:try c,oae ~c.onin$1 C-3 District 52039. High Densitl Commercial District fC-31. Subdivision 1. Subsections 520.39 through 520.63 apply to the C-3 .District. Subd. Z. ~ Purpose. The City Council recognizes that the City lacks a substantial non- residential tax base and, as a largely developed community, has tittle land available for new .commercial development. However, there .exists areas of the Ciry which have high ~ visibility and accessibility due to their proximity to major arterials but where previous development patterns have. precluded realization of full development potential. It is_ the intent of the City in estabIishiag this district to: (i) encourage redevelopment of such areas in a manner which is consistent with the Comprehensive Plan ~ and any redevelopment plan(s); (ii) to increase employment opporttmities; (iii) to provide a wider range of goods and services to residents of the Ciry; and (iv) to promote development of a scale and intensity sufficient to maximize the potential of the area. Subd. 3. Permitted uses. In the C-3 District, unless otherwise provided in this section, the following uses are permitted: a) retail or service businesses, but not including businesses which involve outdoor storage or sale of goods or materials unless the goods or materials are stored in an area which is covered by a building or a parking structure; b) office buildings; c) hotels/motels; d) residential buildings; e) parking structures; f) other businesses which are determined by the Council to be of the general character as the uses listed in this section and which would not be obnoxious or detrimental to the area in which they -would be located; and g) uses permitted . in .accordance with the terms of a current and valid transitional activity permit. issued pursuant to Subsection 520.63. h) Adult establishments as defined and regulated in Section 1196 of the City Code. 520.41. Nonconforming uses and structures. All provisions of Section 508.13 shall apply to this district except that a nonconforming structure. located on a single lot or contiguous lots under a single ownership may be expandexj within any consecutive two calendar-year period by no more than 10 percent of its gross tloor area, provided the expansion meets all other applicable Ciry requirements. The expansion of a nonconforming structure permitted in this subsection shall not require the issuance of a transitional activity permit under Subsection 520.63. 520.43. Site plan approval. Subdivision 1. Procedures. All proposals shall be reviewed under the site plan approval process as set forth in this subsection. p. 520-23 Richfield City Code (Zoning) C-3 District ~ i _r Y^ ~ Subd. 2. ADDT___ offal required. It shall be unlawful to do any of the following within the C-3 District without first obtaining site plan approval: a) construct a building; b) , move a building to any lot; c) expand or change the use of a building or lot or modify a building, . accessory structure, or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking; d) grade or take other actions to prepare a lot for development, except in conformance with a permit or an approved plan; or e) remove earth, soils, gravel, or other natural material from or place the same on a lot, except in. conformance with a permit or an approved plan. Subd. 3. x i n. Notwithstanding the above, site plan approval shall not be required for enlargement of a building by 10 percent or less of its gross floor azea or changes in the leasable space of amulti-tenant building, provided no variances are required and the modifications do not significantly imensify use of the site. Subd. 4. AnnIication. Application for a site plan review shall be made to the Director on forms provided by the City and shall be accompanied by the following: a) a plat or map of the property; b) evidence of ownership or an interest in the property; c) the fee specified in Appendix D of the City Code; d) information regarding project phasing and timing; e) .complete development plans as specified under Subsection 520.45, signed by~ a registered architect, civil engineer, landscape architect or other appropriate design professional; f) proof of compliance with the solar access requirements as specified under Subsection 520.51. g) conveyance of a temporary easement to the City to permit completion of screening, landscaping or other improvements required by the City as a condition of site plan approval: and h) such other information as may be required by the City. p. 520-24 ~~~~ Richfield City Code (Zoning) C-3 District Subd. 5. Public hearing. Upon receipt of a completed application, a date shall be set for a public hearing before the Planning Commission. • The hearing will be held no less than 10 days after mailed notice is sent to the owners of properties located wholly or partially within 350 feet of the site. Within 45 days after the close of the .public hearing, the Planning Commission shall submit its recommendations to the Council. Following appropriate review, the Council shall make a decision regarding the application. 520,45. ~ C~neral criteria and standards forsite Ulan review. Subdivision 1. eneral standards. ~In evaluating a .site plan, the Planning Commission and Council shall consider its compliance with the following: a) consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area; b) consistency with this section; c) preservation of the property in its natural state to the extent practicable by minimizing tree and soil ~ removal; d) creation of a design for structures and site features which promotes the following: (i) an internal sense of order among the buildings and uses; (ii) the adequacy of vehicular and pedestrian circulation, including walkways, . interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking; (iii) energy conservation through the design of structures and the use of landscape materials and site grading; and (iv) the minimization of adverse environmental effects on persons using the development and adjacent properties. Subd. 2. Architectural standards. a) Architectural plans shall be prepared by an architect or other qualified person and shall show the following: (i) elevations of all sides of the building; (ii) type and color of exterior building materials; (iii) typical floor plans; p. 520-25 Richfield City Code (Zoning) V ~ H~ I C-3 District (iv) dimensions of all structures; (v) the location of trash containers and of exterior electrical, heating, ventilation, and air conditioning equipment; and (vi) utility plans including water, sanitary sewer, and storm sewer. b) Unadorned pre-stressed concrete panels, concrete block and unfinished metal, except naturally weathering metals such as copper, shall not be permitted as exterior materials for buildings. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any exterior lot line. c) Underground utilities shall be provided for all new structures and those which are renovated if renovation costs exceed 50 percent of the value of the structure. Subd. 3. Landscane plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person drawn to a scale of not less than one inch equaling 50 feet and must show the following: a) boundary lines of the property with accurate dimensions; b) locations of existing and proposed buildings, parking lots, roads, and other improvements; c) proposed grading and drainage plan with no greater than two-foot contour intervals; d) location, approximate size, and common name of existing trees and shrubs; e) a planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting . instructions; f) planting details illustrating proposed locations of all new plant material; g) locations and details of other landscape features, including berms, fences, and planter boxes; h) details of restoration of disturbed areas, including areas to be sodded or seeded; i) location and details of irrigation systems; and. j) details and cross sections of all required screening. p. 520-26 V~H~ / Richfield c;try c:oae l~onmg) C-3 District Subd. 4. Minimum landscaping requirements. The minimum landscaping requirements will be as follows: a) All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees; understory trees, shrubs, flowers and ground cover materials. All landscaped areas shall be irrigated by an underground mechanical irrigation . system. The plan for landscaping shall include. ground cover, bushes, shrubbery,.trees, sculpture, foundations, decorative walks, or other similar.. site design features or materials in a quantity having . a minimum value in conformance with the following table: MINIMUM LANDSCAPING VALUES Minimum Landscape Value (all Project Value construction costs including (including building construction, plant material and installation site preparation, and site except design fees and other improvements) administrative costs) Below $1,000,000 $1,000,000 - $2,000,000 = 2% _ $20,000 + 19'0 of project value in excess of $1,000,000 $2.000.001 -$3,000.000 $3.000,001 - $4,000.000 Over $4,000,000 _ $30,000 + 0.759'0 of project value in excess of $2,000,000 $37,500 + 0.259:0 of project value in excess of $3,000,000 = 19'0 In instances where healthy plant materials, of acceptable species exist on a lot prior to its development, the application of the standards in this subdivision may be adjusted by the City to allow credit for such material, provided that such adjustment is consistent with the intent of this code. b) A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan; c) All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of Z-112 inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of i-1/2 inches; p. 520-27 Richfield City Code (Zoning) C-3 District v~Hr ~ d) All lot areas not covered by buildings, sidewalks, pazking lots, driveways, patios, or similaz hard-surface materials shall be covered with sod or an equivalent ground cover approved by the Ciry; and e) Not more than 50 percent of the required number of trees shall be composed • of one species. No required tree shall be any of the following: (i) a species of the genus Ulmus (elm), except those elms bred to be . immune to Dutch elm disease; (ii). box elder; (iii) female ginkgo; or (iv) a species of the genus Populus. Subd. 5. creenin . The following shall be screened in accordance with the requirements of this section: a) off-street parking facilities containing six or more spaces. shall be screened from public right-of--ways adjoining the property; b) loading docks shall ~be screened from all lot lines and public right- of-ways; c) trash storage facilities shall be screened from all lot lines and public right- of-ways; d) goods or materials stored in an area which is covered by a building or parking structure shall be screened from all public rights-of--way; and e) all rooftop or ground-mounted mechanical equipment and exterior trash storage areas shall be enclosed with materials compatible with the principal structure. Subd. 6. Screening materials. Required screening may be achieved with fences, walls; earth berms, hedges, or other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. Subd. 7. . aeening locations. All required screening or buffering shall be located on the lot occupied by the use, building, facility, or structure to be screened. No screening shall be located on any public right-0f--way or within eight feet of the traveled portion of any street or highway. Subd. 8. Screening height. Notwithstanding any other provisions in this ordinance to the contrary, screening required by this section shall be of a height needed to accomplish the goals of this section. p. 520-28 VRC1~ ^ Richfield City Code (LOnmg) C-3 District X20.47. Minimum floor-area ratio. The minimum floor-area ratio (FAR) for any lot shall be 0.75. 520.49. Minimum lot width and area. Subdivision 1. Width. The minimum lot width shall be 150 feet. Subd. 2. Area. The minimum lot area shall be 1.5 acres. 520.51:. Solar access requii ement. No building in a C-3 District shall be so tall .that its shadow is-.cast onto asingle-family or two-family lot between the hours of 9:00 a.m. and 3:00 p.m. on any day of the yeaz. The Council may make exceptions to this requirement if the applicant can prove to the Council's satisfaction that measures have been taken to mitigate this solar access requirement, which measures may include but are not limited to obtaining, the consent of the affected property owner(s). 520.53. Setback requirements. Subdivision 1. ~ The requirements set out in this subsection shall be the minimum setback requirements for all improvements in the C-3 District, including new construction or structural alteration. Subd. 2. Buildings and pazking structures. Building and parking structure setbacks along public streets shall. be at least 40 feet. A building or parking structure may extend to an interior lot line if that structure and the adjacent structure are designed with such placement in mind and a compatible relationship of uses, results including circulation drives, open space, pazking areas, and glazed facades. Otherwise, the setback from the interior lot line must be at least ten feet or equal to at least one- quarter the height of the building, up to a maximum of 20 feet of setback. Subd. 3. Surface parking areas. Surface parking areas shall be set back from any public street right-of-way at least ten feet, or a distance sufficient to allow the .placement of a landscaped screen or berm with an average height of three feet between the street right~f-way and the edge of the parking area. Surface parking areas shall be set back from any building at least ten feet, or a distance sufficient to allow the placement of landscaping designed to soften the appearance of the building if such building is visible from any public right-of- way. Subd. 4. Vehicular circulation aisles. Internal- driveways shall be set back from interior lot .lines or structures at least ten feet or a distance sufficient to allow the placement of landscaping intended to soften the appearance of the driveway from a public right-of--way or an adjacent building or parking ramp. 520.55. Parking requirements. Subdivision I. Gener The following minimum off-street parking requirements shall be observed. Subd. Z. Retaii businesses. One space for every 200 square feet of gross floor area. p. 520-29 Richfield City Code (Zoning) C-3 District ~~~~ Subd. 3. Restaurants and taverns. Without a liquor or wine license, one space for every three seats plus one for every employee on the maximum shift; with a Iiquor or wine license, one space for every two-and~ne-half seats plus one for every employee on the maximum shift. Subd. 4. Office buildinQS: Gross Leasable . ;Square Feet ~ Required Number of Spaces per 1,000 of Floor Area Square Feet of Floor Area 50,000 or less: 5.0/1,000 S.F. 50,001 to 100,000: 250 spaces + 4.5 spaces/1,000 S.F. over 50,000 S.F. 100,001 to 150,000: 475 spaces + 4.0 spacesl1,000 S.F. over 100,000 S.F. Over 150,000: 675 spaces + 3.5 spaces/1,000 S.F. over 150,000 S.F. Subd. 5. Residential buildin¢s. One and one-half spaces per housing unit plus shared parking for visitors at the rate of one-half space per housing unit. Subd. 6. Hotels. One space per sleeping room plus one space for every employee on the maximum shift. Subd. 7. Reduction. The Council may reduce these parking requirements if the applicant can prove to the Council's satisfaction that fewer spaces are needed ~by benefit of shared utilization of such parking among two or more uses or other special characteristics of the particular activity. 520.57. Maintenance of landscatainQ. The property owner shall be responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. All landscape material and ground cover which are required by an approved site or landscape plan and which have died shall be replaced within three months of notification by the City. However, the time for compliance may be extended up to nine.~months by the. City in order to allow for seasonal or weather conditions. 520.59. Securitydeposit required. Subdivision 1. Deposit. When screening, landscaping or other similar improvements to propem~ are required by this section a security deposit acceptable to the city shall be supplied by the owner in an amount equal to at least one and one-half times the value of such screening, landscaping, or other improvements. The security deposit shall be for the purpose of reimhursing the Ciry for all expenses incurred by it in connection with making or completing such improvements. The security deposit shall be provided prior to the issuance of anv building permit and shall be valid for a period of time equal to one full growing season alter the date of installation of the landscaping. In the event construction of the project is not completed within the time prescribed by building permits and other approvals, the City may, at its option. complete the work required at the expense of the owner and the surety. p. 520-30 Lena a tttcnneta Ltry ~,oae tc.onmg~ C-3 District Subd. 2. Extensions. The City may allow as extended period of time for completion _ of all landscaping if the delay is due to conditions which aze reasonably beyond the control of the developer. Extensions may be granted due to seasonal or weather conditions. When an extension is granted, the City shall require .such additional security as it deems appropriate. Subd. 3. Release. Upon completion of the improvements and final inspection and approval by the City, the security deposit shall be released. 520.61. Terms of aoproval. Subdivision .1. Term and extension. A building permit shall be' obtained and construction of the project shall begin no later than one year following the date on which site plan approval is granted, unless a different time period is approved by the Council in granting site plan approval or in a developer's agreement with the City. After the expiration of such period, site plan approval shall lapse unless the Council grants an extension of time or a building permit has been issued and substantial work performed on the project. Upon request by the applicant, the Council may grant an extension of time for commencement of a project having site plan approval. . Subd. 2. n i i ..The Council may impose conditions in granting approval to site plans to promote the intent of this section or to protect adjacent properties. Subd. 3. Scope of approval. Site plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in substantial compliance with the plans and specifications approved by the Council. Compliance shall not be considered substantial if there is: a) more than a ten percent change in floor area in any one structure; b) more than a ten percent change in the original approved separation of buildings; c) more than a ten percent change in the original approved setbacks from property lines; ~ . d) more than a five percent change in the ground azea covered by the building; e) any decrease in the ratio of off-street parking and loading space to gross floor area in the building; or f) any increase in the height of any strucrure. Subd. 4. Review. If the project is not in substantial compliance with the approved plans, the project shall be subject to review as specified in Subsection 520.43. p. 520-31 Richfield City Code (Zoning) C-3 District arv~d"1-i 1 520.63. Transitional activity permits. Subdivision 1. Purpose. The Council recognizes that the development potential within the C-3 District may require an extended period of transition to be fully realized. The Council further recognizes that it may be appropriate and desirable to permit, subject to the conditions and limitations of this subsection, the owners of lands within the C-3 District to engage in certain activities with respect to the land, the structures or the uses during the transition period which will both permit commercial enterprises within the C-3 District to remain viable but which will not have the effect of either delaying the transition or increasing the public- costs connected with such transition. This subsection is intended to' establish the circumstances under which certain transitional activities may take place and to set forth the regulations, limitations and conditions applicable to such activities. Subd. 2. Transitional activities. The extension or expansion of a nonconforming use or structure or the development of a nonconforming parcel shall be referred to as transitional activities. Subd. 3. Permit required. It shall be unlawful for the owner or occupier of any Land within the C-3 District to engage in any transitional activity without having first obtained a permit to do so. It shall be unlawful for the owner or occupier of such land to engage in any transitional activity in contradiction to the terms and conditions of any issued transitional permit. Subd. 4. Application for a transitional activity permit shall be made to the Director on forms provided by the Ciry and shall contain or be accompanied by the following: a) a site plan drawn to scale showing the dimensions of the parcel and the dimensions and locations of all structures; b) in instances where the site is to be utilized in connection with a use or structure located on a contiguous parcel, the site plan shall cotttain the same detail for the contiguous parcel; .~c) the proposed uses; d)~ the proposed modifications, alterations, renovations or improvements to be made in connection with the transitional activity, and the estimated "cost of each; e) the time for completion of all modifications, alterations, renovations or tmprovements: f) evidence of ownership or interest in the property; g) the fee specified in Appendix D of the City Code; and h) the material the~~ have to provide would include an estimated market value before and after, the change in taxes before and after, and change to potential cost of public development. p. 520-32 ~~~~ xtcnneia Lary ~oae ~~onutg) C-3 District Subd. 5. Public hearing. The provisions of subsection 520.43, Subd. 5 shall be applicable to public hearings concerning the issuance of transitional activity permits. Subd. 6. Criteria and standards. A transitional activity permit shall not be granted unless the Council makes the following findings: a) the transitional activity is in connection with an existing use or structure allowable in the district as ~ either a permitted or nonconforming use or structure; ~ ~ _ b) the transitional activity will maintain the vitality and economic success of the applicant's business during the transition period of the C-3 District; c) the transitional activity will not have an adverse impact upon development of land within the C-3 District in the ~ manner intended for the district under the City's land use_regulations or its Comprehensive Plan; d) the transitional :activity will not materially increase the potential public cost of developmenrwithin the C-3 District; and e) the transitional activity will be compatible with surrounding uses, will have no adverse impact: upon. surrounding properties, and will be in full compliance with all standards and requirements contained in this code .applicable to uses and structures in the C-2 District. Subd. 7. Duration of hermit. Any transitional activity permit granted by the Council shall state on its face the expiration date of such permit. Subd. 8. Conditions. In approving a transitional activity permit the Council may place conditions and limitation upon the permit which, in the Council's discretion will assure: a) that the transitional activity will be compatible with surrounding uses; b) that the activity is merely of a transitional nature and will not impede the orderly development of the C-3 District; and c) that the public costs occasioned by the ultimate development of the C-3 District will not be materially increased as a result of the transitional activiry. Subd. 9. Revocation. The Citv may revoke any transitional activity permit granted under this subsection. The procedure to be followed in considering such action shall be the same as the procedure described in Subsection 545.05, Subds. 12-13 of this code. p. 520-33 Richfield City Code (Zoning) C-3 District VICE-~[" 1 Subd. 10. Permit not assignable. The right to engage in transitional, activities shall be the personal right of the person(s) named on the permit. Transitional activity permits may not be transferred or assigned to another even though such other person or entity may succeed to permittee's interest in the land. The permit shall terminate upon such transfer or assignment, and permittee's successor in interest in the land shall not engage in any transitional activity until such successor has obtained a new transitional activity permit. p. 520-34 a~a..uaav..a v..) ........ ~.r ••`abl Industrial District SECTION 525 -ZONING: INDUSTRIAL DISTRICT 525.01. Industrial District (Il. Subdivision I. This Section 525 applies to the I District. Subd. 2. Purposes. The purposes of the I District are to: a) provide appropriately located areas for industrial and light manufacruring uses; . b) provide opportunities for industrial and ~ light manufacturing uses to concentrate in mutually beneficial relationship to each other; c) provide adequate space to meet the needs of modern industrial development including off-street parking areas, loading areas, and landscaping; d) provide sufficient open space around industrial structures to protect them from the hazards of fire; e) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the surrounding land, buildings, and infrastructure;. f) permit and reserve areas for employment activity and service to the public which do not materially detract from nearby uses; and g) protect areas appropriate for industrial uses from intrusion by inharmonious uses, and protect nearby properties from noise, odor,. dust, dirt, smoke, vibration, insects, heat, cold, glare, traffic, fire, explosion, noxious fumes, and other objectionable. or hazardous influences. 525.03.. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the I District. Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging, processing, research,' repair, service, wholesale, retail, and office uses with 80,000 square feet or less of gross floor area (excluding those uses listed in Section 525.07 of this code).. Such permitted uses include, but are not limited to, the following: a) cold storage or bottling operations; b) computer or electronic components assembly; c) electric appliance manufacruring; d) food products manufacturing, except for fish, meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils; e) laboratories for testing or research; fl lumber or building materials sales; p. 525-I xtcaneta amity t,oue tW~~~ Industrial District - - -- -~ g) metal products manufacturing, excluding those utilizing punch presses with a rated capacity exceeding 20 tons; h) paper products manufacturing; i) publishing operations; j) rubber or plastic products manufacturing; • k) stoke, clay, or glass products manufacturing; 1) textile products manufacturing; ~m) wood products .manufacturing; ~. n). other uses of the same.;genetal character as those enumerated above,' as determined liy the City pursuant to Section 508.05 of this code. o) Adult establishments as defined and regulated in Section 1196 of the City Code. Subd. 3. Those uses outlined in Section 520.23, Subdivisions 4 through 8 of this code. 525.05. 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 meet the following additional requirements: a) if more than one such structure is proposed, they shall be clustered in a single grouped location where possible; b) no advertising message shall be on the antenna structure; c) such structures shall be screened to the' greatest extent practicable to minimize visual impacu on surrounding properties. Screening shall include .~ landscape materials for ground mounted antenna structures, and materials compatible with those utilized on the exterior of the building for roof mounted antenna swctures. Screening plans shall be approved by the Director; and d) such root-mounted structures shall not extend higher than ten feet above the highest point of the roof, unless authorized by a conditional use permit. Subd. 5. Antenttas and related features that are owned and operated by a telecommunications compan~•, the use of which is not incidental to the principal use; provided that they conform to Sectiun 425 of the City Code, are located on the rooftop or near the roof-line. screened from public view to the extent possible, do not carry advertising messages. and du not extent higher than ten feet above the highest point of the roof, unless authorized by a conditional use permit. p. 525-2 V~~na ^ n,~.,,~.., ....~ ....,..,, ~.~,.....-e. Industrial District Subd. 6. Fences, walls, and hedges as permitted in Section 508.23 of this code. Subd. 7. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 508.05 of this code. 525.07. 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 545.05 of this code. Sand. 2. ~ Light manufacturing, warehouse, assembly, distribution, packaging, processing; research;, repair, service, wholesale, retail, and office uses with over 80,000 squaee feet of gross floor area. Subd. 3. Those uses outlined in Section 520.27, 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 sepazate all aspects of such use from any abutting pazcel; b) parking of vehicles on public right~f--way shall be prohibited; c) any outdoor storage of towed vehicles shall be fully screened from view of adjacent properties and public right-0f--way; and d) hours of operation may be limited by the Council to protect any neighboring residential properties from adverse impacts. Subd. 5. Other uses of the same general character as those conditionally permitted by this section, as determined by the City pursuant to Section 508.05 of this code. 525.09. Lot area width death and coverage. Subdivision 1. tandazd . The standards sec out iri this section apply in the-I District: Subd. 2. Minimum lot area: 10.000 square feet. Subd. 3. Minimum lot width: a) Interior lot: 75 feet. b) Corner lot: 100 feet. Subd. 4. Minimum lot depth: 100 feet. Subd. 5. Maximum impervious surface coverage: 85 percent. p. 525-3 Richfield City Code. (Zoning) Industrial District 525.11. Required building setback and maximum height. Subdivision I. tandard . The standards set out in this section apply in the I District. Subd. 2. Required setback and maximum height: ., ,;:: . .St13E .>-I1V~`ERI~R ~iflE :::: ht:+i,'hIAIUM' BITJFs ;:~IEIGFIT' PRINCIPAIE. 40 Ft. 25 Ft. 25 ~Ft. 30 Ft. 50 Ft. <Ae~)~SSE3R 40 Ft. 8 Ft. 25 Ft. 30 Ft. 15 Ft. Subd. 3. Additional setback reguirement• vehicle access door facing a rear lot line: Whenever any accessory building is located in such a manner that a vehicle access door faces a rear lot line, such rear setback requirement shall be not less than 20 feet; Subd. 4. Interior side setback reduction• ~ princinal and accessory buildings. Whenever an interior side lot line abuts anon-residentially zoned or used parcel, such interior side setback requirement may be reduced to three feet for principal and accessory buildings. Subd. 5. Story limitations. Principal buildings shall not exceed three stories in height, and accessory buildings shall not exceed one story in height. Subd. 6. Additional height for certain structures. Towers, water tanks, or other appurtenant structures may be increased to no more than 150 feet in height, provided that the required setbacks be increased one foot for each two feet of building height in excess of 50 feet, and provided such structure does not exceed 15 percent lot coverage or 1,600 square feet in gross floor area at the base, whichever is less. X25.13. Additional requirements for accessory buildings and uses. Subdivision 1. The requirements set out in this subsection apply to accessory buildings and uses in the I District. Subd. 2. No accessory building on• any lot, except through lots, .shall be situated ~. forward of the from building line of the principal building. In the case of a through lot, no accessory building shall be located' within 40~feet of the lot lines abutting either street. Subd. 3. In the case of a corner lot, no accessory building shall be located in the yard area between the principal building and either street. Subd. 4. The required setback hetween an accessory building and any other building on the lot shall be determined by Section 400 of the Ciry Code. . Subd. 5. No accessory building shall be located on any lot prior to the time of construction of the principal building on the lot, unless specifically approved by the City Council. p. 525-4 V n~"+~ ^ 1C1W111G1U l.,Ay 1.V11G wvtaaaa~/ Industrial District •Subd. 6. The design and features of an accessory building shall enhance the appearance of the principal building. 525.15. Conduct of business operations. Subdivision 1. The following restrictions shall apply in the L District. Subd. 2. All uses and operations related to any business shall be conducted wholly within a completely enclosed building, except for permissible outdoor storage and merchandising. pursuant to .Section 1135 of~ the City Code, and off-street parking and loading. Subd. 3. Activities which are or may become hazardous, noxious, or offensive because of the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter, or waterborne waste shall not be established or maintained in the I District. 525.17. Additional regulations and requirements. Subdivision 1. The regulations and requirements set out in this subsection apply to buildings and uses in the I District. Subd. 2. All developments shall be constructed and maintained in accordance with the applicable performance standards set out in Section 540 of this code. Subd. 3. Signs within the I District shall be regulated by Section 416 of the City Code. Subd. 4. Where no alley is present, a rear yard area which abuts any residential parcel shall not be used for parking, loading, or storage within eight feet from the rear lot line. Subd. 5. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements andlor modifications. p. 525-5 y/~A~ ^ ~ Richfield Ciry Code (Zoning) Planned Unit Developments SECTION 530 -ZONING: PLANNED UNIT DEVELOPMENTS X30.01. Planned Unit Developments. Subdivision 1. This Section 530 applies to planned unit development zoning districts. Subd. 2. Planned unit development defined. A planned unit development is a development of land that is .under. unified control and is planned and developed as a whole. in a single development operation or in a programmed series of development 'stages. The development may. include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. A planned unit development is built according to a detailed final development plan, as approved by the Ciry Council. Subd. 3. Short name. The term "planned unit development" may be referred to as PUD in this code. Subd. 4. Definition: original district. As used in this Section, the term "original district" means the zoning district from which land is proposed to be rezoned to a PUD. Subd. 5.. Purposes. The purposes of this section are to: a) provide for the establishment of PUD zoning districts where appropriate; - b) provide a means of flexibility to the strict application of the land use regulations in this code, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the Citv and its residents; c) promote a more creative and efficient approach to land use within the City, while at the ~ same time, encouraging superior design and construction materials: d) allow greater intensities • and wider varieties in the types of environment available to Citv residents: e) preserve and enhance natural features and open space; f) improve the efficiency of public streets and utilities; and g) provide transitions in land use in keeping with the character of adjacent land uses. Subd. 6. Departure from original district regulations. The various zoning regulations and requirements (e.g.. use. building setback, height) which apply to the original district should be considered as widelines and may be departed from in the approval of any PUD to accomplish the purposes described in Subd. 5 of this Subsection. p. 530-1 Richfield City Code (Zoning) Planned Unit Developments ur~Hf ~ 530.03. Unified control. A planned unit development shall be in a single ownership or under the management and supervision of a central authority, or otherwise subject to such long-term leases or other ownership controls as the Council deems necessary. 530.05. Integrated design. A PUD shall consist of a harmonious selection of uses in groupings of buildings, services, parking areas, traffic and pedestrian circulation and open spaces, and shall he planned and designed as an integrated unit. 530.07. Coordination with subdivision reQUiations. Subdivision review under Section 500 of the City Code shall be carried out simultaneously with the review of a PUD. 530.09. Minimum lot area requirement. A PUD district shall contain not less than 43,560 square feet in lot area. For the purposes of this Section 530 only, lot area shall include the PUD site, plus one-half of the area of abutting streets and alleys. 530.11. 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: P'i.TD DISTRIC'T'S ' ~ ABBRL~iA~©1~ ~ ,-~.W~LR1I}51~~ ~ ~ ~' Planned Residential PR R & R-1 Planned Two Family Residential ~ PMR-1 MR-1 Planned Multi-Family Residennal ~ PMR IvIR-1, 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 iri a PUD district; provided that: a) the use is one which is authorized in one of the six types of PUD districts; and b) such additional usr shall not occupy more than 33 percent of the gross floor area within the punned un-t development ; and c) 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. 530.13. PUD concept proposal statement. Subdivision 1. Any person requesting to establish a PUD district shall first submit a PL'D concept proposal statement to the Director. The purpose of the PUD concept proposal statement is to afford such person an opportunity to have the General feasibility or a PL'D proposal informally ~ reviewed by the City, without incurring substantial expense. p . 530-2 u~~-~-r ~ Richfield City Code (Zoning) Planned Unit Developments Subd. 2. Required information. A PUD concept proposal statement shall provide the following information: a) name and address of person(s) requesting establishment of the PUD district; b) sketch plan which identifies the location and delineates the boundary lines of the proposed PUD district;. . c) detailed written description of the proposed PUD, which includes project funding. and the planning objectives to be achieved; ' d) conceptual schematic drawings of the proposed PUD; e) anticipated development timing for each stage of development; and f) any additional information as required by the Director to determine the general feasibility or the proposed PUD, and to determine whether such proposal would. conform to the City's Comprehensive Development plan and any applicable redevelopment plans. Subd. 3. Response to the PL'D concept progosal statement. Within 20 days after receiving a completed PUD concept proposal .statement, the Director shall produce a written response to such statement which may include comments and/or' recommendations. A PUD application may proceed only after a response has been submitted to the applicant. Acceptance of, or response to, the PUD concept proposal statement by the Director shall not constitute, or in the future require, approval of the PUD application, PUD rezoning, final development plan, or related conditional. use permit. . 530.15. PUD aQplication. Subdivision 1. Required materials. Upon completion of the required actions in Subsection 530.13 of this code, an applicant for a PUD shall submit the application materials outlined in this Subsection. Subd. 2. Rezoning materials. Application and all related materials required for a rezoning from the or~~inal district to one of the six types of PUD districts. Subd. 3. Subdivision materials. Application and all related materials for review under Section 500 of the City Code, if land encompassed within a proposed PUD is to be platted, replatted, or subdivided. Subd. 4. Project identification int~rman~n: a) a list identitving all :urrent owners, legal and equitable, of land or improvements within the proposed PUD; b) a list identitti~in; all proposed owners, legal and equitable, of land or improvements within the proposed PUD; p. 530-3 Richfield City Code (Zoning) Planned Unit Developments ut~Hr c) a list identifying all developers and parties involved in the development, including then previous experience and the nature and extent of their participation; d) a detailed description of the source and type of financing for the project; . e) a descriprion of what will be done with the project if approved, and who wily do it: Will the property. be marketed undeveloped, rough graded, or will the. developer carry the project through actual construction of ' . structures?. Also, state whether structures: will be retained, sold, or leased; f) a development schedule for each stage of development from initial site development through building construction. Any phasing of different portions of the project must be explained; g). a list of all governmental agencies which have review authority over any portion of the development, what aspect of the project requires their review, and what approvals are necessary. Explain what public improvements would be necessary to serve the project (e.g., utilities, roads, road improvements, parks, schools); and h) additional information as required by the Director. Subd. 5. PUD area information: a) a legal description of all land within the proposed PUD district, including descriptions of all encumbrances and/or easements upon the proposed PUD district, and including the right~f--way widths and roadway widths of all adjacent public roadways; b) a description of how the proposed PUD conforms, or fails to conform, with the City's Comprehensive Development Plan and any applicable redevelopment plans; . c) a description of regional factors the plan is predicated upon, such as: market analvsis, market area, population centers, major roads, railroad, airport, proximity to regional services, etc. Also, describe any impact the PUD would have on regional services and systems; d) a description of how the land within the PUD will be served by transportation systems, and analysis of the PUD's impact upon such transportation systems. If transportation systems are not adequate to accommodate the development's expected traffic generation, describe the necessary improvements. Indicate how the plan provides for mass transit, pedestrians, and bicycle traffic, and indicate how sidewalks and trails will tie into the City-wide system; and e) additional information as required by the Director. p. 530-4 L~t1i ~ Subd. 6. Site plan materials: Kichfteld Ciry Code (Zoning} Planned Unit Developments a) 'a site plan indicating the boundaries, dimensions, and area of the proposed PUD district; b) a preliminary plan showing the location, dimensions, and gross floor area of proposed structures; c) a preliminary plan showing the proposed laud use(s) for each parcel and each building, the amount of floor area~devoted to each use, and all areas~to be designated for mixed land uses allowed by Subsection 530.11, Subd. 3 of this code; d) a preliminary plan showing the location, arrangement, and number of parking spaces, loading facilities, and mass transit facilities including bus ttimouts and shelters; e) a preliminary plan showing the location and dimension of all curb cuts and driveways, and their relationship to all existing and proposed public streets; f) the proposed location, design, and dimension of pedestrian and bicycle facilities, walks, skyways, plazas, courts or other related areas; g) preliminary building plans, elevations, general specifications of materials, and unusual structural systems, prepared by an architect registered in the State of Minnesota; h) a preliminary land building use profile including computations of gross/leaseable square footage, housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, etc.; i) a preliminary storm water management plan and site grading plan including an analysis Hof the adequacy of surface drainage, storm sewer and catch •basin• drainage, storm ,water retention, and erosion control; j) a preliminary plan depicting natural features and natural features to be .preserved. as well as existing vegetation with detailed locations of trees 12" or larger in diameter; k) a preliminary utility plan showing easements, sewer, water, and power services to all proposed uses; I) a preliminary plan showing utilities and utility easements to remain, to be installed, to be relocated, and to be removed or vacated; m) a preliminary plan showing the proposed location and dimensions of all walls, fences and landscape plantings; p. 530-5 Richfield City Code (Zoning) ~ ~ Planned Unit Developments . n) a plan showing the proposed location and dimensions of all signs and lighting fixtures, including the illumination characteristics of all lighting; o) a soils map that depicts surface and subsurface conditions that may affect construction; and p) additional information as required by the Director. Subn: 7. Legal instruments. As part of the PUD. application, the applicant shall submit proposed declarations of covenants, conditions and restrictions, articles of owners, associations and all other such documents as the Ciry may deem necessary in such form and containing such provisions as will ensure that adequate property control is provided to protect the individual owner's rights and property values, to establish responsibility for maintenance and upkeep, and to ensure continuing compliance with the PUD, as approved. The City shall require that such declarations of covenants, conditions and restrictions, or other documents provide that in the event any association or corporation fails to maintain properties in accordance with the applicable ordinances and regulations . of the Ciry or fails to pay taxes or assessments on properties as they become due and in the event the City incurs any expenses in enforcing. its ordinances or rules and regulations, which expenses are not immediately reimbursed by the association or corporation, the Ciry shall have the right to assess each property its pro rata share of such expenses. These assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. X30.17. Review of PUD application. Subdivision 1. Procedure. Upon receipt of a completed PUD application and the fee set by Appendix D of the City Code, the following review procedure sei out in this subsection shall commence. Subd. 2. Planning Commission review. The Planning Commission shall conduct a public hearing on the PUD application and serve mailed notice of such hearing to the applicant and all .property owners situated wholly or partially within 350 feet of the proposed PUD district. Within 45 days after adjournment of such public hearing, the Planning Commission shall submit its recommendation to the Council. The Planning Commission may recommend approval with or without modifications, or may recommend denial of the PUD application. Subd. 3. Council consideration. Following action by the Planning Commission, the Council shall hold a public hearing and consider rezoning the area described in the plan. If the PUD plan is approved, the area shall be rezoned as one of the six types of PUD districts. p. 530-6 V~~[- ~ xrcnrreia C,rty c;oae ~~otungl Planned Unit Developments Subd. 4. Required findings. The findings necessary for approval of a PUD application shall be as follows: a) the proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plans; b) the proposed development is. designed in such a manner as to form a desirable and unified environment within its own boundaries; c) the development is in substantial conformity with the purpose and intent of the original district, and departures from the original district regulations are justified by the design of the development; d) .the development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development; e) the development will not have undue adverse impacts on neighboring .properties; and f) the terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests. 530.19. Final development plan and conditional use cermit. Subdivision 1. Upon approval of the PUD application and rezoning, but prior to the commencement of any construction or development of land, an applicant shall submit a final development plan, together with an application for a conditional use permit for the development shown in the final development plan, which is consistent with the PUD application. Approval of such final development plan and conditional use permit requires atwo-thirds vote of the Council. Subd. 2.. A final development plan shall consist of the following: a) if required, a final plat of the land to be developed; b) all materials required under Section 530.15, Subd. 6 of this code in "final" form; and c) additional information as required by the Director or Council. Subd. 3. Lesal instruments. As pan of the final development plan and conditional use permit, the applicant shall submit "final" declarations of covenants, conditions and restrictions, articles of owners, associations and all other such documents as the City may deem necessary pursuant to Section 530.15, Subd. 7 of this code. p. 530-7 Richfield City Code (Zoning) Planned Unit Developments ux~r ~ 530.21. Compliance with the PUD elan and ..final development plan. Subdivision 1. Changes. The development of a PUD district shall be in substantial compliance with. the approved PUD plan; final development plan, and. conditional use permit. Compliance shall not be considered substantial if there is: a) more than ten percent change in floor area in any one structure; b) more than ~ a ten percent change in the approved separation of buildings; ~ ~ . c) any change in the original approved setbacks from property lines; d) more than five percent change in the ground area covered by the building; or e) any change in the ratio of off-street parking and loading space to gross floor area. Subd. 2. Building permits. A building permit may not be issued for a structure within the PUD district until the Director certifies that the structure conforms to the provisions and conditions of the PUD plan, final development plan, and conditional use permit. Upon approval by the Director, ,the building permit application, along with the appropriate information required for building permits shall be submitted to the Building Official who shall process the building permit in conformance with the Building Code. 330.23. Cash escrow. The Council may require an applicant to provide the City with a cash escrow prior to the issuance of any building permits within a PUD. Such cash escrow amount shall be determined by Council. Upon satisfactory completion of all construction within the PUD, the escrow shall be released by the Director and Building Official. 330.23. Plan amendments. Any .amendment to a final development plan and conditional use permit shall :require atwo-thirds vote of the Council. The Council may hold such hearings on a proposal to amend a final development plan and conditional use permit as it may consider necessary; but at least one public hearing shall be held. The Council may consider all factors considered in connection with rezoning the PUD district and issuing the conditional use permit therefor, as well as any other factors relevant to the public health, safety, comfort, aesthetics, economic viability, or general welfare and to the protection of property or improvements in the neighborhood. 330.27. Fees. The application tee for a PUD or amendment thereto inset by Appendix D of the Citv Code. In addition, legal fees. consultant fees, and other reasonable costs incurred by the Citv in its review and consideration of the PUD application shall be paid by the applicant. p. 530-8 VitAl-1 iucnneia miry ~oae ~4.oning~ Group Housing Developments SECTION 535 ZONIIVG' GROUP HOUSING DEVELOPMENT'S Section 535 entitled "Zoning: group housing developments" is repealed. p. 535-1 tJ~H~' ~ xrcnneia Lary Loae ~~onrng~ Performance Standards SECTION 540 -ZONING: PERFORMANCE STANDARDS 540.01. Puruose and application. The purpose of these performance standards is to establish specific requirements and quantifiable limitations, and to ensure high standards of development.. The performance standards outlined in this Section 540 shall apply to all new developments, except single family and two family developments. These standards shall also apply to existing developments when physical changes are made, or when otherwise stated. 540.03. Eacterior Ightinn; Subdivision 1. Lighting shall. be designed and arranged to limit direct illumination .and glare: upon abutting pazcels. Reflected glare or spill light shall not exceed five-tenths foot-candle if abutting a residential parcel, or one foot-candle if abutting a commercial, industrial, or institutional parcel, as measured at the lot line of such abutting parcel. Street lights installed in public right-of--way shall be exempt from these standards. Subd. 2. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic and pedestrian safety on public streets and sidewalks. These measures shall include lenses, shields, louvers, prismatic control devices and limitations on the height and type of fixtures. The City may also limit the hours of operation of outdobi Iighting if it is deemed necessary to reduce impact on the surrounding neighborhood. Subd. 3. Flickering or flashing lights shall not be permitted. Subd. 4. Direct off-site views of the light source shall not be permitted except for globe and/or ornamental light fixtures. Globe and ornamental fixtures shall only be used if the developer can demonstrate that off-site impacts stemming from direct views of the bulb are mitigated by the fixture design and/or location. Subd. 5. The City may. require, at the developer's expense, submission of a light distribution plan if deemed necessary to ensure compliance with the intent of this subsection. 540.05. Traffic%parking studies. Subdivision 1. In review of a project or application; the City may require, at the developer's expense, submission of a traffic and/or parking analysis which is prepared by a :traffic engineer. Such analysis shall assess the potential impact of a proposed project on roadwavs. intersections, and/or on-site parking and circulation. Subd. 2. If a traffic study indicates that a proposed project or use will have significant impact on the existing service levels of roadways and intersections, the City may require a "traffic management plan" to mitigate traffic impacts. Such plan may include travel demand management iI'D'vl) strategies, use of transit facilities, or other appropriate measures to reduce traffic congestion. Such plan may also necessitate improvements to road systems. The developer shall be responsible for installation and expense of necessary road system improvements, and any such improvements shall be constructed and installed according to Citv specifications. p. 540-1 Richfield City Code (Zoning) D~~~~ Performance Standards 540.07. Off-street parkinE and loading requirements. .Off-street parking spaces shall .be provided in accordance with this code, the Richfield Parking Requirements on file with the Office of Community Development, and Sections 800.17 and 1320 of the Ciry Code. In. commercial and industrial zoning districts, loading areas shall be provided on the site in accordance with the Richfield Parking Requirements. All parking and loading areas shall be permitted only upon issuance of anoff-street parking permit, as approved by the Council. 540.09. Landscaping 'and screenins. requirements. Subdivision 1. Landscaping and screening shall meet the standards as outlined in Richfield Landscape Requirements on file with the Office of Community Development. Subd. 2. Landscape maintenance. All required landscaping, screening, and fences shall be maintained so as to not be unsightly. in appearance or in a state of disrepair, nor shall harmful health or safety conditions be present. 540.11. UnderEround utilities. All electrical and telephone utility service lines from existing or new distribution systems to any new multi-family dwelling, commercial, industrial, or institutional building shall be installer underground. 540.13. Exterior treatment of buildings. Subdivision 1. Consistent quality. All multi- family structures with seven or more units, and all commercial, industrial, and institutional buildings, including major reconstruction thereof, shall be planned and constructed so that the design and treatment of each exterior wall and roof surface shall be finished with permanent materials of consistent quality to that provided for the front wall and front roof surface. This requirement, however, shall not be applicable to walls or roof surfaces which are so located in relation to other buildings or structures that surfaces will be completely screened or masked from view. Subd. 2. Wall surfaces. The main exterior wall surface of multi-family, commercial, industrial, and institutional buildings shall be constructed of brick, glass, stone treated concrete panels, or .other. materials of •high architectural quality as approved by the Director. Decorative block, wood, or other materials of a permanent nature may be acceptable minor wall surfaces. No such buildings shall be constructed in a manner that any wall parallel, or nearly parallel, to a street is void of windows (or simulated windows). 540.15. Screening mechanical equipment. Anv mechanical equipment located on the roof top, exterior walls, or premises of any multi-family, commercial, industrial, or institutional building shall be enclosed in a screening enclosure. Such enclosure shall be designed to provide a safety shield around such equipment and shall conceal it from public view and from view of nearby premises. Such enclosure shall be constructed of materials that are similar to the principal structure. Plans for such enclosure shall be included with construction plans. The requirements of this subdivision shall not apply to window or room air conditioners, or to stacks. p. 540-2 DRAFT Richfield City Code (Zoning) Performance Standards 540.17. Dumpster enclosures. Subdivision 1. Screening. All residential structures ~ with more than .three units, and all commercial, industrial, and institutional uses shall provide a screening enclosure for required dumpsters. Such enclosures shall completely conceal the dumpsters) from all sides. Subd. 2. Materials.. Dumpster enclosures shall be constructed of durable, weather resistant materials which are properly anchored. Enclosure materials shall be similar to 'the principal building.. ~ ~ ~ ~ . . Subd. 3. ~. •. Dumpster enclosures shall provide sufficient space for required dumpsters .and additional space for storage of recyclable materials. In no case shall they exceed 600 square feet in area. Subd. 4. Location. Dumpster enclosures shall be located behind the front building Iine of the principal building (as extended to the side lot lines). Enclosures shall be set back not less than five feet from any lot line or any other building on the premises, unless integrated into such..building or approved by the Building Official. Subd. 5. Landscaping of enclosure. The screening enclosure-shall be landscaped in accordance with the Richfield Landscape Requirements. Subd. 6. Concrete floor. All dumpster enclosures shall have a concrete floor. 540.19. Stormwater management. All new and modified developments shall comply, to the extent practicable, with the Ciry's stormwater management plan as administered through the City Engineer's Office. p. 540-3 ~~H~ i Richfield Ciry Code (Zoning) Administration SECTION 545 -ZONING: ADML~IISTRATION 545.01. Administration of ZoninE Code. The Director shall be responsible for the administration and enforcement of this code. The Director shall create and maintain such systems of records and files and establish such administrative procedures as are necessary to .promote the efficient administration and enforcement of this code. The Director may designate additional persons .as may be necessary or convenient to administer and enforce this code. The Director :may institute, in the name of the.City, any appropriate actions or proceedings against a violator of this code as provided in Sections 115 and 320 of the City Code or any applicable statute. Any person aggrieved by any procedure or decision of the Director may appeal to the Board of Adjustments and Appeals. 545.03. Board of Adjustments and Anneals. Subdivision 1. Establishment. The Board of Adjustments and Appeals is established and continued pursuant to Minnesota Statutes, Section 462.354. Subd. 2. Short name. _ The Board of Adjustments and Appeals shall be referred to as the "Board" in this Section 545. Subd. 3: Council as Board. The City Council shall serve as the Board of Adjustments and Appeals. Subd. 4. Powers. The Board shall have the following powers: a) to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Director in the interpretation or enforcement of this code; b) to hear and decide variances to the literal provisions of this -code upon the expiration or authority of the Committee of Hearing Examiners established by Section 545.09 of this code; c) to hear and decide .appeals of any decision made final by the Planning Commission .or by a Hearing Examiner. Subd. 5. Application. An application/request for an adjustment or appeal shall be made to the Director h~ written notice. Subd. 6. Public hearing. upon re~e,pt of a written notice requesting an adjustment or appeal, the Board may sec a ttme and place for a public hearing on the request. At least ten days before the date of anv such hearing, a notice of the hearing shall be published once in the otYicial newspaper. p. X45-1 Richfield City Code (Zoning) Administration DRAFT Subd. 7. Procedures. The Director shall prepare reports and other necessary information for the Board. The Board shall, within 45 -days, make a decision regarding any matter before it by adopting findings. A copy of the Board's decision shall be served by mail upon the person requesting the adjusunent or appeal. Subd. 8. Compliance. In all cases in which adjustments or appeals are granted under the provisions of this .subsection, the Board may require such evidence and guarantees as it deems necessary to insure compliance with any .conditions placed upon such granting. 545.05. Conditional use permits. Subdivision 1. Permit required. It shall be unlawful to engage in any use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the City pursuant to this subsection. Subd. 2. Limitations. A conditional use permit may not be issued for the purpose of granting an adjustment ~ or appeal, or for any use prohibited in the zoning district for which the permit is sought. Subd. 3. Application. Application for a conditional use permit shall be made to the Director on forms provided by the City. Subd. 4. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the Planning Commission. The Planning Commission may offer whatever public notice of its review it deems necessary. Following this consideration, the Planning. Commission shall make a recommendation to the City Council regarding the application. Subd. 5. Public hearing. After receipt of the recommendation of the Planning Commission, a date shall be set for a public hearing. • Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of propenies located wholly or partially within 350 feet. The Council shall make the frnal, determination on the application, and in doing so shall make findings regarding its review. The •Council may impose conditions and require o grantees on the granting of the permit in order to ensure compliance with the conditions designated in connection therewith. The Council shall make a decision within 120 days of submission of a completed application or such longer period not objected to by the applicant. If the Cuuncil fails to make a timely decision, the conditional use permit shall be deemed to have been approved. Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it finds that all or the following conditions will be met: a) the proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; p. 545-2 ~~~~"' ~ ~ Richfield City Code (Zoning) Administration ' b) the proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines; c) the proposed use is or will be in compliance with the performance standards . Specified in Section 540 of this code; d) the proposed use will not have undue adverse impacts on governmental facilities, utilities, services, 'or existing or proposed improvements; e) the use -will not have utidue adverse impacts on the public health, safety, or • welfare; and f) there is a public need for such use at the proposed location; and g) the proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. Subd. 7. Recording of CUP. Upon commencement of an approved conditional use, a certified copy of the conditional use permit shall be filed by the applicant with the Hennepin County Recorder or Registrar of Titles. The permit shall contain the legal description of the property. Subd. 8. Expiration of CUP. A conditional use permit shall expire one year after it has been issued unless: a) the use for which the permit was granted has commenced within the one year period; or b) upon written request of the person or corporation holding the CUP, the Council extends the expiration date for an additional period not to exceed one year. _ • Subd, 9. Term of CL'P. A conditional .use permit shall remain in effect for so long as the conditions' regulating it are observed, unless specifically stated otherwise. A conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months. Time shall be calculated as beginning on the day following the last day in which the use u•as in normal operation and shall run continuously thereafter. Subd. 10. Amendment t~ Ct'P Holders of a conditional use permit may propose amendments to the permit b~• following the procedure set in this subsection for issuance of a new permit. Significant chan_es in the circumstances or scope. of the use shall require approval of the Councii. Such changes may include, but are not limited to, hours of operation, increase in number of employees, expansion of structure or premises, or major operational moditications, as determined by the Director. The Planning Commission may recommend, and the Council may impose, additional or modified conditions as a result of the amendment. p . 545-3 Richfield City Code (Zoning) Administration URAFT Subd. 11. Fee. The fee for a conditional use permit or amendment thereto is set by Appendix D of the City Code. Subd. 12. Revocation of CUP.. The Council may review conditional use permits periodically and may revoke a permit upon violation of any condition of the permit, any law of the United States or the State of Minnesota, or any ordinance of the City. The. procedure for revocation set out'in Subd. 13 ~of this Subsection shall be followed. If it is discovered after approval of the. conditional use permit that the City's decision was .based .at least in part on fraudulent information, the Council may revoke the permit, modify the conditions, or impose additional conditions. Subd. 13. Procedure for revocation. The procedure for revocation of a conditional use permit shall be as follows: a) om taint. The Director shall review any complaints received by the City or any other party involving property which is subject to a conditional use permit, and shall determine whether, in the D'irector's judgment a violation of the terms or ,conditions of any conditional use permit appears to have occurred. b) Notice of apparent violation. If the Director determines that an apparent violation of such terms and conditions exists, the Director shall cause a notice of violation to be mailed to the owner of the property or owner's agent and to any other person known to the City to be conducting-the use for which the conditional use permit was granted. The notice shall: (i) be in writing; (ii) state the violation or violations found to apparently exist and state the remedial actions which must be taken to achieve compliance with the terms and conditions of the conditional use permit; (iii) provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or violations stated in the notice; and (iv) inform the recipient that if the stated violations are not remedied within the stated time period, the Director will request the Council to consider revocation of the conditional use permit. c) Failure to comply. When notice has been given in accordance with "item b)" above and the recipient has failed to correct the violations stated in the notice within the time allowed, the Director shall refer the matter to the City Manager with a recommendation that a hearing be held by the Council to consider the revocation of the conditional use permit. A copy of the Director's recommendation shall be mailed to the same persons who previously were mailed the notice of violation. p. 545-4 l.~ ~ rf~'"'~ ~ t7 Richfield City Code (Zoning) Administration d) Schedulin; of hearing: If the City Manager concurs in the recommendation of the Director, the City Manager shall schedule a hearing before the Council to consider revocation of the conditional use permit. The date of the heazing shall be as soon as is reasonably convenient. e) Notice of hearing. Upon the scheduling of the heazing, the Director shall furnish mailed notice of such to the same persons who were mailed noticz of the violation. The notice shall: (i) state the time, date and location of the hearing; (ii) describe all violations which will form the basis of the Director's recommendation to the Council; (iii) describe the recommendation which the Director intends to make to the Council with respect to revocation; and (iv) inform the recipient of its opportunity to be present at the heazing, to be represented by legal counsel during the hearing, and to present testimony and evidence. f) Public notice. The Director shall also provide a mailed notice containing the information described in subparagraphs (i), (ii), and (iii) of "paragraph - e" above to all other persons who would have been entitled to notice had the hearing been to consider the granting of the conditional use permit. g) Determination. At the conclusion of the hearing, or as soon thereafter as is reasonably possible, the Council shall render its written decision. The decision shall state the terms and conditions of the conditional use permit found to have been violated; and shall state the determination of the Council with regard to revocation of the conditional use permit. The Council may, in lieu of revocation, permit the conditional use peratit to continue subject to such further or additional terms and conditions as in its judgment are necessary to insure. compliance with the conditional use permit. The Council's K•ritten findings and determination shall be mailed to the persons who were mailed the Director's notice of violation. If a conditional use permit is revoked, all uses and activities which aze permitted only by such conditional use permit shall immediately cease. In addition, all other licenses and permits issued by the City which require, as a condition of their issuance. the existence of the conditional use permit, shall be subject to termination in the manner set forth in the City Code or other applicable law. Subd. 14. Other remedies for violation of CUP. In addition to the procedure set forth in Subd. 13 above, the City may exercise, with or sepazately from such procedure, all and any other remedies and actions available to the City including, but not limited to those contained in Sections I 1 ~ and 320 of the City Code. p. 545-5 Richfield City Code (Zoning) Administration u~~~-1 545.07. Zoning amendments. Subdivision 1. Initiation of Amendment. An amendment of this code may be initiated by the Planning Commission, Council, or by petition of the owners of not less than 50 percent of the land proposed to be rezoned and by the owners of at least 50 percent of the land within 300 feet of the land proposed to be rezoned. Properties owned by federal, state, municipal entities, or other political subdivisions shall be exciuded from any computation of the percentage of land necessary for rezoning petitions initiated by landowners. Subd. 2. Application. An application for a change in the boundaries of a zoning district made by the owner of the property shall be submitted to the Director on forms provided by the City. Subd. 3. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the .Planing Commission. The Planning Commission may offer whatever public notice of its review that it deems necessary. Following this consideration; the Planning Commission shall make a recommendation to the Council regarding the application. Subd. 4. Citv Council consideration. After receipt of the recommendation of the Planning Commission, the Council shall consider the matter at a first reading. The Council may offer whatever public notice of .its first reading review that it deems necessary. If the application is approved for first reading, the Council shall set a date for a second reading and public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper. Notice regarding an amendment which involves a change in the boundaries of a zoning district shall also be sent by mail to the applicant and all the owners of properties located wholly or partially within 350 feet. The Council shall act upon the amendment within 120 days of submission of a completed application or such longer period not objected to by the applicant. If the Council fails to make a timely decision, the amendment shall be deemed to have been denied. The Council may adopt an amendment to this code only upon an affirmative vote of at least two-thirds of its full membership. Subd. 5. ,Issuance of building permit. No building permit for any building or structure may .be issued while proceedings for rezoning of the land wherein the structure is located or to be located are pending, unless the permit would be permitted under both the existing zoning classification and the proposed zoning classification for such area, or unless Council approval is first obtained. Subd. 6. Time limitation. Not more than one petition for the rezoning of any particular piece of land shall be made within any twelve month period. Subd. 7. Fee. The fee for a petition to rezone land is set by Appendix D of the City Code. Subd. 8. Effective date. Amendments to this code shall be effective in accordance with Section 3.09 of the Richfield Citv Charter. p. 545-6 ~~Ai- ! Richi~eld City Code (Zoning) Administration 545.09. Variances. Subdivision 1. Limitations. The following limitations apply to variances: a) a variance may be granted from the literal provisions of this code only in instances where such action would be consistent with the general purpose and intent of this code and all the following criteria are found to exist: (i) strict enforcement of this .code would cause an undue hardship. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the. conditions allowed by this code. Economic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the terms of this code. Undue hardship includes, but is not Iimited to, inadequate,access to direct sunlight for solar energy systems; (ii) unusual or unique circumstances apply to the property which do not apply generally to other properties in the in the same zone or vicinity, and such circumstances were not created by any persons presently having interest in the property; . (iii) the variance, if granted, would not alter the character of the neighborhood. The completed project would not impair an adequate supply of light and air to adjacent properties, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish property values, or have a detrimental or injurious impact on surrounding properties; and (iv) the variance requested is the minimum variance which would alleviate the undue hardship. b) use variances shall not be granted. Subd. 2. Comminee ~f Hearin; Examiners. The Committee of Hearing Examiners is a special committee of the Board of Adjustments and Appeals, and shall be administered by the Director. The specific duties of this Committee are to hear and decide requests for variances from the literal provisions of this code. This Committee of at least two Examiners is appointed by the City Manager for a term of two years subject to confirmation by the Council. During the term of appointment members serve at the pleasure of the City 1~lanager. Subd. 3. Application. Application for a variance shall be made to the Director on forms provided by the Cit}~. p. 545-7 Richfield City Code (Zoning) Adrninistration ~tr~t-1 Subd.. 4. Public hearing. Upon receipt of a completed application, the Director shall assign the application to one Hearing.Examiner and a date shall be set for a public hearing before the Hearing Examiner. -Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper and sent by mail to all the owners of property located wholly or partially within 350 feet. Subd. 5. Decision.. Not less than 30 days after the close of the hearing or any continuance which is' not appealed by the .applicant, the Hearing Examiner shall render a written decision regarding. the application. The decision shall be supported by findings specifically related to the applicable criteria contained in this code. The decision shall be mailed to all parties of record and filed with the City Clerk. The Hearing Examiner's decision shall be final, subject to appeal. If the Hearing Examiner fails to render a written decision within such time period, the applicant may present its application to the Board of Adjustments .and Appeals for consideration at its next regularly scheduled meeting. The Hearing Examiner or Board may impose conditions in granting variances to effect the intent of this code and to protect adjacent properties. Subd. 6. Staff report. The Director shall provide a written report to the Hearing Examiner outlining the proposal and enumerating the various reasons for a recommendation to either approve or deny the variance .request. The written report shall be filed with the Hearing Examiner at least 72 hours prior to the date of the hearing. Copies of the report shall be made available to the applicant, and shall be furnished to others upon request. Subd. 7. Powers of Hearin Examiner. A Hearing Examiner may call witnesses, subpoena relevant reports, and accept any evidence and testimony, which in the judgment of the Hearing Examiner is relevant to the issues being heard. Those in attendance at the public hearing shall have the right to present testimony and evidence. The Hearing Examiner may impose limitations on the number of witnesses and on the nature and length of testimony. Subd. 8. Record keeping. A tape recording shall be made of the hearing. .The tape will be transcribed on request of the Board. The tape will also be transcribed. at the request of any person upon the payment of all costs of transcription. Written minutes shall also be taken at the public hearin,, and shall be kept on permanent file in the Office of Community Development or may be transferred to State Archives. Subd. 9. Appeals. Any person a~arieved by the decision of .the Hearing Examiner may appeal such decision if a written notice of appeal is submitted to the Director within ten days of the date of the decision. The notice of appeal shall be addressed to the attention of the Board of Adiustments and Appeals. Subd. 10. Rehearing. Any applicant may within seven days of the date of filing of the Hearing Examiner's decision. apply for a rehearing of a variance request denied by the Hearing Examiner if sibnificant new tactual evidence relevant to the case not available to the applicant in the uriginal hearing can be presented. The request for a rehearing shall state the nature of the new evidence and why it was not previously p. X45-8 u~Hr i Richfield Ciry Code (Zoning) Administration available. If an application for rehearing is timely made, the time to appeal will be extended until the decision on granting or denying a rehearing is made. If a rehearing is allowed, the Hearing Examiner's decision shall be withdrawn. Subd: 11. Recording of variance. Upon completion of the project requiring the variance, a certified copy of the variance shall be filed by the applicant with the. Hennepin County Recorder if the variance applies to abstract property. The variance shall contain the legal description of the property affected. Subd. 12. Expiration of variance. Any variance granted shall expire one year after it has been granted unless: a) the project for which the variance was granted is completed within the one year period; or b) upon written request of the person or corporation holding the variance, the Council extends the expiration date for an additional period. Subd. 13. Term of variance. If the project is cotnpleied as approved, the vaziance shall run with the land and remain in effect for so long as the conditions regulating it are observed. Subd. 14. Assumed risk. Any applicant who obtains a building permit, starts construction and/or begins a use prior to the expiration of the appeal period, .assumes the risk that the decision may be reversed upon appeal. When an appeal is received- by the City, the applicant will be notified of the appeal and informed as to the date of the Board meeting where it will be heard. Subd. 15. ~ecific proiect. A variance shall be valid only for the project for which it was granted. Construction of anv project shall be in substantial compliance with the building plans and specifications reviewed and approved by the Hearing .Examiner or Boazd. Subd. 16. Violations. Anv person who violates, fails to comply with, assists, directs, or~ permits a violation of the conditions of a variance shall be subject to the provisions outlined in Sections 115 and 320 or the City Code. Such violation may render the variance null and void. Subd. 17. Fee. The fee for a variance is set by Appendix D of the City Code. Subd. 18. Annual Report. The committee of Heazing Examiners shall annually prepaze a report for the Council and Planning Commission outlining the activities of the Hearing Examiners and making recommendations as to possible amendments to this code to expedite the processing of variances to the literal provisions of this code. p. 545-9 ~~~~ Richfield City Code (Zoning) Official Map - 77th Street SECTION 550 -ZONING: OFFICIAL MAP - 77TH STREET' Section 550 entitled "Zoning; official map - 77th Street" is repealed. p. 550-1 SECTION 555 -ZONING: ADULT ESTABLISI~I~IENTS 555.01. DeFnitions. 555.03. Permitted uses. 555.05. tion. ~~d~~ Type of Permit or License (1) Planned Unit Development (2) C-3 Zoning District Site Plan Review Transitional Activity Permit (3) Variance RICHFIELD CITY CODE APPENDIX D, SECTION 4. ZONING, LAND USE AND REI:.ATID CHARGES Effective for 1995 Only Section ReauirirtQ Fee 530 (a) 5400 + 55/51,000 of project value to a maximum fee of 53,000 (b) PUD Amendment fee 5500 520 (a) 5300 + 55/51,000 of project value to a maximum fee of 53,000 (b) Plan Amendment fee 5500 520 5300 + 55/51,000 of project value to a maximum fee of 53,000 545 Residettial Non Residential (4) Conditional 545 5400 l 55/51,000 of project value to a tnaximttm fee of Use Permit (5) Zoning District 545 Change (6) Subdivision Approva l 500 Subdivision Waiver 500 (7) Off-Street. 545 Parking Permit 800 (8) Street Vacation 820 (9) Forestry Petmit . 810 (10) Conditional 515 Activity Permit (11) Nonconforming 515 Use Permit (a) As part of conditional use permit process (b) In con~uncgon with permitted use 5200 5400 53,000 5450 5500 5450 No fee 5200 5350 510 5250 5300 8 CITY OF RICHFIELD, MINNESOTA Council Letter No. 114 Agenda April 24, 1995 Issue Statement: Public hearing and second reading of ordinance amending Sections 320, 400 and 405 of the Code of Ordinances, modifying the notice and appeal procedures for certain code violations. Background: Over the years, Public Safety has been enforcing certain ordinances dealing with building codes, signs, inoperable vehicles, etc. Generally, when Public Safety receives complaints on code issues such as these, they: • Send a Community Service Officer out to verify the complaint. • Send a letter advising the person or business of the violation, requesting compliance within five days. • Follow-up after five days to see if compliance has been achieved. • If compliance is not achieved, a second letter is sent, again requesting compliance within a designated time, depending on the type of violation. • Usually, these issues are resolved at this point. • If they are not, a citation (ticket) is issued requiring a fine be paid or court appearance, and/or abatement. Included in the ordinance, under Section 320.01, is an appeal process to the City Council. This would appear to be unnecessary and time consuming. It places the Council in a position of interpreting ordinances that they may have initiated. It is most appropriate to permit the courts to resolve differences. Changing the ordinance, however, would still not prohibit the Council, as individuals or as a body, from hearing complaints from citizens who believe staff is acting inappropriately. The first reading of this ordinance amendment occurred on March 13, 1995. Recommended Motion: Conduct a public hearing and second reading of an ordinance amendment amending Section 320.01, Subd. 1; Section 320.01, Subd. 2; Section 320.05, Subd. 2, Clause C; Section 320.15; Section 400.35; Section 925,09, and Section 1320,11. Basis of Recommendation: 1. The ordinance in its current state, is cumbersome and bureaucratic. Any aggrieved party can avail themselves (and have) to appeal in the informal sense to the supervisor, Department Director, City Manager and, of course, to the City Council. 2. It is expensive, time consuming and inefficient for the Council to hold formal hearings on issues such as these. In fact, it is probably much more cumbersome g-I and confusing to the citizen. Generally, if the citizen has a concern or complaint, it can be dealt with more quickly by an appropriate staff person. Alternate Recommendation: 1. Leave the ordinance(s) in place and allow each aggrieved party the opportunity to have a formal hearing before the Council. This has the potential of numerous hearings, expense and frustrations for everyone. 2. Provide staff options that the Council has that staff may have overlooked. Discussion/Decision Mode: Approve after second reading and public hearing an ordinance amending Section 320.01, Subd. 1; Section 320.01, Subd. 2; Section 320.05, Subd. 2, Clause C; Section 320.15; Section 400.35; Section 925.09; Section 1320.11. Respectful) submitted, ~r ~~ i~ , !` Jame,;: Prosser City Manager JDP:ds 8-3 BILL NO. AN ORDINANCE AMENDING SECTIONS 320, 400 AND 405 OF THE RICHFIELD CITY CODE; MODIFYING THE NOTICE AND APPEAL PROCEDURES FOR CERTAIN CODE VIOLATIONS; CORRECTING OBSOLETE STATUTORY REFERENCES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 320.01, subdivision 1 of the Richfield City Code is amended to read as follows: 320.01. Application. Subdivision 1. Purpose. The purpose of this section is to provide uniform procedures for the enforcement of the regulations contained in ' the zoning code, appendix B and any other~rovision of this Code which references this section. Sec. 2. Subsection 320.01, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Conflicts. To the extent that the provisions of this section conflict with those of any procedure adopted by reference in the above referenced code provisions. ,the provisions of this section control. Sec. 3. Subsection 320.05, subdivision 2, clause (c) of the Richfield City Code is amended to read as follows: (c) provide a reasonable time, but not less than #~- five days in any event for the correction of the violation or violations particularized; Sec. 4. Subsection 320.15 of the Richfield City Code is amended to read as follows: 320.15. Correction of violation by city and assessment of cost. In all cases of violation to which Minnesota Statutes, sections ~ ^ F." }^ ~ ^ F.'~ 463.15 to 463.261 are applicable, the enforcement officer may proceed as therein provided to abate or remove the violation and, if deemed necessary, to have the cost thereof specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this section. Sec. 5. Subsection 400.35 of the Richfield City Code is amended to read as follows: 83 400.35. Imminent hazards. Whenever the enforcement officer determines that there has been a violation of any one or more provisions to which this section applies~-e and further finds (i~that by reason of such violation it presents an imminent and serious hazard to public health or to the physical and mental health of the occupants therein and (ii) that the repairs or improvements reauired to remove such hazards do not a_..ppear reasonably possible within a time which will be adequate to eliminate such imminent hazard the enforcement officer shall follow the procedures contained in section 320. Sec. 6. Subsection 925.09 of the Richfield City Code is amended to read a follows: 925.09. Assessment of cost. The cost of abatement or removal of a public nuisance shall be assessed against the property as provided in Minnesota Statutes, s~+~„„-,-4~~0~ Chapter 429. and other law. Sec. 7. Subsection 1320.11 of the Richfield City Code is amended to read as follows: 1320.11. Appeal. A person aggrieved by a decision made °°° +~--~- ;tee ..~+~.+~n of +h~~ soc±;c;, with respect to the grant or denial of the permit described in subsection 1320.09 above may appeal to the cit council Passed by the City Council of the City of Richfield, Minnesota this 24th day of April, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk J City Manager James D. Prosser Date Resident/Owner Address Richfield, MN 55423 C# It has been brought to our attention that your property may not conform with Richfield ordinances relating to property maintenance. The specific violations are as follows: 1. If you have any questions, please contact the Environmental Health Division at 861-9880. Otherwise, we ask you to alleviate these conditions within 5 days, and help us to maintain the property maintenance standards that have made Richfield such a pleasant community in which to live. Enclosed .are the specific ordinances regarding the above items. An inspector will stop by after the time period noted to reinspect the property. Sincerely, " Jean Flesher Environmental Health Specialist Richfield Public Safety Department JMF:ttf Enclosure l'he Urban Fiometov~~~ Mayor Council Martin Kirsch Dor, Priebe P~~iicr,ae'. Sin an Susan Rosenber^ Russ Susan; An ~q~~a~ `~){J~i.~rIliiiif`.. ~!ilt:ivl'?r J City Manager Mayor James D. Prosser Martin Kirsch Council ~J Don Priebe iG~ichae• Sa^uan Susan Rosenber:; Ross Susac E N V I R O N M E N T A L H E A L T H D I V I S I O N N O T I C E .O F N~O N- CO M P L I ANC E Date: Name: Address: Richfield, MN 55423 RE: Environmental .Health Inspection Initial Inspection: Follow-up Inspection: C# 941785 The above property was inspected on the date noted and orders were issued for compliance with the City Environmental Health Code. A follow-up inspection was conducted, and the inspector noted that the following items have not been completed: 1. Another inspection will be conducted the items have not been completed, a in addition, the city will abate the costs to you. If you have any quest: please call the Environmental Health the compliance date. on February 16, 1995. If citation will be issued and problems and assess the ions about these items, Division at 861-9880 before Jean Flesher-Environmental Health Specialist Richfield Public Safety Department JMF:ttf The ~rE~a~ ~or~e~ow~~ An Ea~1ai '',pp,:rtur~ii c-~~;!c~,~er ~s CITY OF RICHFIELD, MINNESOTA Council Letter No. iii Agenda April 24, 1995 Issue Statement: Review and authorize adoption of a resolution of a Fire Mutual Aid Agreement with the Southwest Fire Mutual Aid Association. Background: The Fire Mutual Aid Agreement has not been significantly revised since its creation. There is a need to simplify some language and procedures. Anew joint powers agreement was prepared and recommended to the various governing bodies. Recommended Motion: Approve the attached resolution providing participation in the Southwest Mutual Aid Association and authorizing the Mayor to sign the Joint Powers Agreement. Basis of Recommendation: 1. The City of Richfield has previously approved and participated in a mutual aid agreement between the southwest suburban governmental agencies to provide cooperative use of fire personnel and equipment. 2. The agencies participating in this agreement have been designated the Southwest Mutual Aid Association. 3. The participating agencies have determined that it is advisable to clarify and simplify the language of that agreement. 4. The existing agreement requires that all parties unanimously adopt any amendments. Alternative Recommendation: 1. None. Discussion/Decision Mode: This item is placed on the April 24, 1995, agenda for Council consideration. Respe ~t ully submitted, i1. Ja e~D. Prosser City Manager JDP:ds Asa RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE SOUTHWEST FIRE MUTUAL AID ASSOCIATION WHEREAS, the City of Richfield has previously approved and participated in a mutual aid agreement between the southwest suburban governmental agencies to provide cooperative use of fire personnel and equipment; and WHEREAS, the agencies participating in this agreement have been designated the Southwest Mutual Aid Association; and WHEREAS, the participating agencies have determined that it is advisable to clarify and simplify the language of that agreement; and WHEREAS, the existing agreement requires that all parties unanimously adopt any amendments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota, that: 1. The revised Southwest Manual Aid Association Joint and Cooperative Agreement for Use of Fire Personnel and Equipment, a copy of which is attached, is hereby approved, and the proper City officials are directed to execute said agreement on behalf of the City as a participating member of the Association. 2. If the revised Agreement is not approved unanimously by all of the existing parties, the City Manager and Public Safety Director are directed to vote in favor of transferring any assets of the pre-existing Mutual Aid Association to the new Southwest Mutual Aid Association and to give notice that the City is withdrawing from the pre- existing agreement. Adopted by the City Council of the City of Richfield, Minnesota, this 24th day of April, 1995. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk ~~~ SouthzvestMutual Aid Association Joint And Cooperative Agreement For Lase Of Fire Personnel And ,Equipment L PURPOSE This Agreement is made pursuant to Minnesota Statutes Section 471.59, which authorizes the joint and cooperative exercise of powers common to contracting Parties. The Parties to this Agreement wish to create a regional Mutual Aid Association, hereafter called the Southwest Mutual Aid Association, for the purpose of making fire equipment, personnel and facilities available to each other upon request. This Agreement is intended to give each Party the authority to send its equipment and personnel into the other communities and to provide for an Operating Committee to administer this Agreement. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them below. Subd. 1. "Assistance" means the providing of fire personnel and equipment, fire investigators, fire inspectors, fire educators, fire instructors, training personal and associated equipment and facilities. Subd. 2. "Emergency" means a sudden and unforeseen situation requiring immediate action. Subd. 3. "Party" means a governmental unit which is a Party to this Agreement. Subd. 4. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. Subd. 5. "Requesting Party" means a Party which requests Assistance from other Parties. Subd. 6. "Responding Official" means the person designated by a Party who is responsible to determine whether and to what extent that Party should provide Assistance to a Requesting Party. Subd. 7. "Responding Party" means a Party which provides Assistance to a Requesting Party. Subd. 8. "Specialized Activities" means non-emergency Assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personal and associated equipment and facilities. Subd. 9. "Extraordinary Services" means emergency Assistance that includes activities beyond the normal scope of fire fighting, such as hazardous materials incidents, high level rescue, or dive rescue. Southwest Mutual Aid Association Joint And Cooperative Agreement for Use Of Fire Personnel And Equipment 1-19-95 Page 2 ~~`~ III. PARTIES The Parties to this Agreement are those entities which approve this Agreement and execute a separate signature page in accordance with Section VIII. .The Parties constitute the membership the Southwest Mutual Aid Association. Other entities may become a Party to this Agreement by complying with the conditions provided in the Association rules, by applying to and receiving.: approval of all member Parties, and by executing a separate signature page for this Agreement. Any- Party may withdraw from membership at any time upon thirty days written notice to the other members. A party may be removed from membership only by a vote of at least three-quarters of all other Parties to the Agreement and only for the following causes: failure to comply with the terms of the agreement as may be modified or a failure to pay dues. Action. by any Party which is required or permitted under this Agreement will be evidenced by: • fora .municipality, a resolution adopted by the governing body, or • for anon-municipality, a letter executed by an official with sufficient- authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Whenever, in the opinion of a Requesting Official, there is a need for Assistance from other Parties, such Requesting Official may, at his/her discretion, call upon the Responding Official of any other Party to furnish Assistance to and within the boundaries of the Requesting Party. Subject to the limitations set forth herein, it is the intention of the Parties to this Agreement to cooperate in the event of an emergency by making the necessary Assistance available to a Requesting Party without undue delay. Subd. 2. Upon the receipt of a request for Assistance from a Party, the Responding Official may authorize and direct the Fire Department personnel under his/her control to provide Assistance to the Requesting Party. Whether the Responding Party provides such Assistance to the Requesting Party and, if so, to what extent such Assistance. is provided shall be determined solely by the Responding Official (subject to such supervision and direction as may be applicable to him/her within the governmental structure of the Party by which he/she is employed). Failure to provide Assistance will not result in liability to a Party. Subd. 3. When a Responding Party provides Assistance under the terms of this Agreement, it may in turn request Assistance from other Parties as "backup" during the timethat it is providing Assistance outside its boundaries. Subd. 4. Whenever a Responding Party has provided Assistance to a .Requesting Party, the Responding Official may at any -time recall such Assistance or any part thereof if the Responding Official in .his/her best judgment deems such recall necessary to provide for the .best interests of his/her own community. Such action will not result in liability to any Party. Southwest Mutual Aid Association Joint And Cooperative Agreement For. Use Of Fire Personnel And Equipment 1-19-95 Page 3 ~. ~~ ~ / Subd. 5. The Requesting Party shall be in command of the emergency scene. The personnel and equipment provided by-.the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws Assistance. Subd. 6. A Responding Party shall be responsible for its own personnel, equipment, and for injuries or death to any such personnel or damage to-any such equipment, except- that unused equipment provided. by the Responding Party shall be returned to the Responding Party by the Requesting Party when circumstances permit this to be done. Responding personnel shall be deemed to be performing their regular duties for the Responding Party. Insurance coverage and any financial compensation shall be the responsibility of the Responding Party. Each Party waives the right to sue any other Party for any workers compensation benefits paid to its own employee or volunteer even if the injuries were caused .wholly or partially by the negligence of any other Party, its officers, employees, or volunteers. Subd. 7. Specialized activities of anon-emergency nature may be requested and/or provided by the Parties to this Agreement. Subd. 8. No charge shall be made to a Party for Assistance rendered under this Agreement except that a Party providing Assistance shall be paid for the cost of supplies. A Party providing Assistance may charge for time and materials for Specialized activities and Extraordinary Service as provided for in the association rules. V. OPERATING COMMITTEE The association shall have an Operating Committee to administer this Agreement. Subd. 1. The Chief of each Party's Fire Department, or designee, shall be the Party's representative to the Association Operating Committee. Subd.. 2. It is the responsibility of the Operating Committee to establish rules, policies, and standards and to take other necessary or prudent action to administer. this Agreement. Subd. 3. The Operating Committee shall meet periodically, but not less than quarterly to conduct the business of the Association. Subd. 4. -The Association is not a separate legal entity. The Operating Committee shall have no authority to own property, enter into contracts, or to receive and expend funds except for routine administrative expenses. VL RECIPROCAL DEFENSE AND INDEMNIFICATION Except for the United States Veteran's Administration Medical .Center ("the V.A.") which is subject-to federal laws prohibiting the following provision the Requesting Party agrees to indemnify and defend against any claims brought or actions filed against the Responding Party or any officers, employees, or volunteers of the Responding Party for injury or death to any third person or persons,. or damage to the property of third persons, arising out of the Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-i9-95 Page 4 7%J °~ performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. The intent of the indemnification requirement of this section is to impose on each Requesting Party a limited duty to defend and indemnify any Responding Party for claims arising within the Requesting Party's jurisdiction subject to the liability limits under Chapter 466, Minnesota Statutes. The purpose of creating .these reciprocal duties to defend and indemnify is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single_ attorney. Under no circumstances, however, shall a Party be required to pay, on behalf of itself and other Parties, any amounts in excess of the liability limits established in Chapter 466, Minnesota Statutes, applicable to only one Party. The limits of liability for some or all Parties may not be added together to increase the maximum statutory liability limits for any Party. VII. WAIVER Each party waives all claims against the V.A. and the V.A. waives all claims it may have against any Party, for any compensation for any loss, damage, personal injury, or death occurring in the consequence of the performance of fire protection services for the V.A. or by V.A. personnel. However, this waiver does not preclude a fire organization from filing claims for fire fighting costs and losses pursuant to 15 U.S.C. 2210, beneficiaries from. filing claims for the deaths of firefighters and other public safety officers pursuant to 42 U.S.C. 3796, and individuals other than the Parties and their employees, from filing claims against the United States pursuant to 28 U.S.C. 1346(b) and 2671-2680. VIII. :EFFECTIVE DATE This Agreement shall be effective upon execution by three-quarters of the entities listed on the attached Exhibit A which is incorporated by reference herein. Each Party shall execute a separate signature page and forward that page to the Association Secretary, along with a resolution or letter as provided in Section III. Upon receipt of all executed signature pages, the Secretary shall send a copy of the fully executed agreement to each member. If this Agreement is executed by all of the entities listed on the attached Exhibit A, this Agreement shall supersede, replace, and void all prior agreements which provide for the existence of the Southwest Mutual Aid Association, and all assets of the Association under those agreements shall be transferred to the Association created pursuant to this Agreement. If the Agreement becomes effective by less than unanimous approval, the Parties to this Agreement shall vote to transfer any assets of the pre-existing Southwest Mutual Aid Association to the Association created under this Agreement and shall thereafter give notice that they are withdrawing from the pre-existing Association. IX. AMENDMENT This Agreement may be amended or terminated upon the affirmative vote of three-quarters of the Parties then existing: Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~e-~ Page 5 Date: CITY OF BLOOMINGTON. By Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement for Use Of Fire Personnel And Equipment 1-19-95 ~~~ PAGE 6 Date: CITY OF CHANHASSEN By .- Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~~-~ Page 7 Date: CITY OF EDEN PRAIRIE By Its And Its Southwest Mutuai Aid Association Joint And Cooperative Agreement For Use Of Fire Personnei And Equipment i-19-95 ~~~~ Page 8 Dater CITY OF EDINA By Its And Its s Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Ot Fire Personnel And Equipment 1-i 9-95 '~ ~-f~ Page 9 Date: CITY OF EXCELSIOR By Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-i 9-95 ~8- ~ I Page 10 Date: CITY OF GOLDEN VALLEY By_ Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~~-~a.. Page 11 Date: CITY OF HOPKINS By_ Its And Lts Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~~--i 3 Page 12 Date: CITY OF MINNETONKA By Its - And Its Southwest Mutual Aid Association Joint And .Cooperative Agreement For Use Of Fire Personnel And Equipment 1-99-95 ~ ~-i ~- Page 13 Date: CITY OF PLYMOUTH By_ Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~~-~f ~ Page 14 Date: CITY OF RICHFIELD By Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~~~i~ Page 15 Date: CITY OF ST. LOUIS PARK - By Its. And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 ~~ ~ ~ Page 16 Date: CITY OF WAYZATA By_ Its And Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment 1-19-95 '7~r1 ~ Page 17 Date: METROPOLITAN AIRPORTS COMMISSION By Its And Its Southwest Mutual Aid Association JointAnd Cooperative Agreement For Use Of Fire Personnel And Equipment i-19-95 ~~ ~- r Page 18 Date: UNITED STATES VETERAN'S.. ADMINISTRATION MEDICAL CENTER- Ft.SNELLING By Its And -Its Southwest Mutual Aid Association Joint And Cooperative Agreement For Use Of Fire Personnel And Equipment I -19-95 //J'~® Southwest Mutual Aid .Association M E M O R A N D U M To: . Southwest Mutual Aid Association Members _ From: George Magdal Date: February 1, 1995 Subject: New Agreement What is attached? • A memo from Desyl Peterson explaining the new agreement • A sample resolution approving the agreement The APPROVED new agreement dated 1-19-95 • A copy of the current "Appendix A" (potential signers of the new agreement) What is missing? • NOTHING What should you do? • .Prepare the resolution to go to your council in March. • -Mail the signed. signature page and a copy of the resolution to me at the address below. What's next? • Expect approval of all City Councils by the next SWMA meeting in April . 20,1995. 1 Q1 O 1st St S * Hopkins MN 55343 * (61 2)J3J-1 321 ~~-~1 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345 Telephone (612) 939-8266 • Fax (612) 939-8248 City Attorney's Office Providing Prosecution Services for the Cities of Minnetonka, Minnetonka Beach, Minnetrista, -Orono and St. Bon~acius MEMORANDUM - . TO: .Chief Administrative Officers, Members of Southwest Mutual Aid Association FROM: Desyl L: Peterson, Minnetonka City Attorney DATE: November 15, 1994 RE: Recommended Changes to New Joint Powers Agreement. A few years ago,.. staff members of the Southwest Mutual Aid Association decided. that the mutual aid agreement should be rewritten. It had not been significantly revised since its creation, and there- was a need to simplify some language and procedures. ~n addition, the agreement provided that if a number of parties were sued because of an incident, each party had to retain its own attorney. A more economical approach would be to allow one attorney to represent all parties. A new joint powers agreement was prepared and recommended to the various governing bodies. Some members approved this agreement. Unfortunately, however, staff members subsequently learned that certain federal. laws prohibit. the Veterans Administration from signing it. This caused a general re-assessment of the agreement. As a result, staff members are recommending some changes. Some of these .relate directly to the V.A. situation. Others are recommended. because they appear advisable. The following discusses the recommendations in more detail. 1. V.A: Amendments. Federal law prohibits the V.A. from agreeing to a general indemnification provision. As a result, the V:A. is excepted from that provision in Section VI. In addition, federal law requires the V.A. to obtain a reciprocal waiver of claims between the parties. This provision is added in a new Section VIII. Some members have asked why the association should make any special exceptions for the V.A. As indicated above, the indemnification language was originally recommended to improve the situation. .The ~~ ~~ SW Fire Amendments November 15, 1994 Page 2 new language allows only one lawyer to represent all of the parties, at a significant cost savings to everyone. By excepting the V.A., the relationship between the-other parties and the V.A. will be the same as under .the original agreement. Achieving 92% of a better situation is an .acceptable result when the last 8% is prohibited by law and is no worse than before. Because the matter is totally out of their control, it is not appropriate to exclude the V.A. from the new agreement. 2. TerminationfAmendment. Both the original agreement and the previously recommended revision provide that a member can withdraw from the Association. Beyond that, there is no provision for terminating the- agreement or amending it. As a result,~unanimous approval of all members is required. This creates a situation in which one member has a veto over proposed action. This raises. the possibility of one member being totally unreasonable and thereby preventing action which really benefits the whole group. As a result., changes are proposed for Sections III, VIII, and IX. To become effective, only three-quarters of the existing members need to approve the agreement. Any further amendments or a decision to terminate the agreement would also be effective upon approval by three-quarters of the membership. This is an extraordinary majority, so changes would not be easily accomplished but also would not be subject to a one-party veto. 3. Status of Original Agreement. Nothing was said in the previously recommended revision about what happens to the original joint powers agreement. New language is proposed for Section VIII which states that if .all parties approve the new agreement, it supersedes any prior agreements, and any assets of the Association are transferred to the new Association. If the approval is .less than unanimous, the parties will vote to transfer the assets and then withdraw from the pre-existing Association. The only assets of the Association are a small amount of money which is used to pay for administrative mailings. .The major asset of the Association was the Fire Safety House, which the Association previously transferred to one of its members in order to save on insurance costs. ~a-a3 SW Fire Amendments November 15, 1994 Page 3 4. Removal of Member. Neither the original agreement nor the previously recommended revision had a provision for removing a member. Section III would be amended to allow three-quarters of the members to remove a member, but only for failure to comply with the Agreement or to pay the member's share of costs. It seems appropriate to provide for removal in these limited situations. Please present the attached agreement to your respective governing bodies for approval. Attached is a sample resolution which could'. be adopted. If you have questions, please contact your fire chief. In addition, feel free to call me at 939-8262 if I can be of help. ~~ CITY OF RICHFIELD, MINNESOTA Council Letter No. 112 Agenda April 24, 1995 Issue Statement: Purchase in excess of $5,000 for removal and replacement of temporary repairs for two minor storm sewer projects. Background: The City Council policy resolution on purchasing provides that when the purchase of merchandise, materials, equipment or construction exceeds the amount of $5,000, authority to purchase shall be submitted to the City Council for consideration. Last fall, City staff reconstructed two storm sewer lines to relieve existing flooding problems. The construction was completed; however, due to the onset of winter, temporary asphalt patches were used on sidewalk, curb, gutter, right-of-way and intersection aprons. The temporary patches can now be replaced with permanent material. The repair locations are 145 East 66th Street, 6600 Second Avenue, 6739-14th Avenue and 6740-14th Avenue. Quotations were requested from two vendors with the following results: Advanced Concrete Inc. $10,156 Gibbs Concrete Construction 14,878 Recommended Motion: Approve a 1995 purchase order to Advanced Concrete Inc. for $10,156 for the removal and replacement of curb, gutter and sidewalk. Basis of Recommendation: 1. Advanced Concrete Inc. provided the lowest quotation. 2. The 1995 Storm Sewer budget includes minor construction repairs. Alternative Recommendation: Council may choose not to accept any of the quotations and instruct staff to obtain new quotes. Discussion/Decision Mode: Staff requests approval at the April 24, 1995 Council meeting. Respect Ily submitted, ,~ f .. ~' Janes~b. Prosser City`kllanager JDP:ds 5 CITY OF RICHFIELD, MINNESOTA Council Letter No. 111 Agenda April 24, 1995 Issue Statement: Proclamation designating May 7-13 as National Drinking Water Week and May 6, 1995 as National Drinking Water Day. Background: The American Water Works Association has declared May 7-13 as National Drinking Water Week. This recognition has been nationwide for several years; and, this will be the sixth year Richfield has participated with a local celebration. Water personnel have planned an Open House at the Water Plant on Saturday, May 6 from 9:00 a.m.-3:00 p.m. There will be exhibits including several pieces of equipment for the public to inspect. There will be tours of the newly renovated Water Plant including the Water Interpretive Center. Recommended Motion: Approve an official proclamation by the Mayor, designating May 6, 1995 as National Drinking Water Day and May 7-13, 1995 as National Drinking Water Week in the City of Richfield. Basis of Recommendation: Richfield has an outstanding water treatment plant and distribution system, and should be recognized. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the April 24, 1995 Council meeting. Community Services Director Don Fondrick will be present to accept the proclamation. Respect~lly submitted, /;, ~; %` Jr! Ja e~!i~. Prosser City anager JDP:ds Attachment CITY OF RICHFIELD, MINNESOTA Council Letter No. 110 Agenda April 24, 1995 Issue Statement: Proclamation designating May 6 as Richfield Public Works Day and May 21-27 as National Public Works Week. Background: The Community Services Department of the City of Richfield encompasses the areas that are traditionally known as "Public Works" -streets, parks, sewer, water, public buildings and engineering. In 1960, President John F. Kennedy proclaimed a National Public Works Week as an annual reminder of the many ways public works contributes to the quality of life. For many years, public works professionals across North America have applauded and shared the accomplishments of those in their profession. Richfield will hold celebrations with the Water Plant Open House and Garage Open House, thereby making May 6 Public Works Day in Richfield, The National Public Works Week for 1995 is May 21-27, 1995, and that week is included in the proclation as an effort to coordinate with the national observance. Recommended Motion: Adopt an official proclamation by the Mayor declaring May 6, 1995, as Richfield Public Works Day, and May 21-27, 1995, as National Public Works Week in the City of Richfield. Basis for Recommendation: Richfield has an outstanding public works record and should be recognized for the same. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the April 24, 1995 Council meeting. Community Services Director Don Fondrick will be present to accept the proclamation. ~, Respectful submitted, n: Jams ~ .Prosser City Manager JDP:ds 3 CITY OF RICHFIELD, MINNESOTA Council Letter No. 109 Agenda April 24, 1995 Issue Statement: Proclamation. recognizing that Earth Day, nationally celebrated on April 22, will be celebrated in Richfield in conjunction with its Arbor Day festivities on Saturday, May 6, 1995. Background: 1995 represents the 25th Anniversary of the first Earth Day celebration. This year a statewide program initiated by the Minnesota Earth Day Network, has organized the Great Minnesota Green Up to encourage communities throughout the state to get involved in Earth Day activities. By offering programs like Wood Lake's Earth Day Birthday Program, the City of Richfield may qualify for a designation as A Great Minnesota Green Up City. Richfield's past celebrations of Earth Day have been held at Wood Lake Nature Center. Wood Lake has held a number of different types of Earth Day events since 1990, including an all-day kids environmental workshop and several endangered species walks. This year, an Earth Day Birthday program is being held at Wood Lake Nature Center from 1-4 p.m. on Saturday, May 6. This will also be the City's celebration of Arbor Day at the same time by offering free trees to plant and by planting shrubs out in front of the center. Participants are asked to bring in their aluminum cans to donate as a fund- raiserfor Friends of Wood Lake and to save some time to help pick up litter. Recommended Motion: Approve an official proclamation by the Mayor, designating that the City of Richfield does officially recognize Earth Day and will celebrate it in conjunction with Arbor Day on May 6. Basis of Recommendation: 1. Richfield,. through its Wood Lake Nature Center facility, has established a tradition of acknowledging Earth Day through a variety of community based programs. 2. The proclamation would be in keeping with the request by the U.S. Conference of Mayors. Alternative Recommendation: None. 3-I Discussion/Decision Mode: This item is scheduled for the April 24, 1995 Council meeting. Wood Lake Nature Center Manager, Karen Shanberg, will be present to accept the proclamation. Respectfully submitted, Ja D. Prosser City Manager JDP:ds Attachment a CITY OF RICHFIELD, MINNESOTA Council Letter No. ios Agenda April 24, 1995 Issue Statement: Proclamation designating May 6 as Arbor Day and May as Arbor Month. Background: For many years, Richfield noted Arbor Day and Arbor Month in an informal manner. The Forestry and Park Divisions coordinated atree-planting with the schools and Mayor; and the press usually noted the occasion with a brief article and/or picture. These observations of Arbor Day and Arbor Month (along with meeting other requirements) were sufficient to grant Richfield a "Tree City, USA" status in 1986, 1987 and 1988. In 1989, the National Arbor Day Foundation required a proclamation for recertification. From 1990 through 1994, the proclamation, along with proof of an official observance, was required. The Forestry Division worked with the Wood Lake Nature Center staff to hold an observance, which was covered by the local cable news people. Again in 1995, an official observance of Arbor Day is required in order to renew our "Tree City, USA" status. In addition, many Richfield residents appreciate the opportunity to teach their children the importance of trees in our urban areas. Recommended Motion: Approve an official proclamation by the Mayor, designating May 6, 1995 as Arbor Day and May 1995 as Arbor Month in the City of Richfield. Basis of Recommendation: 1. Richfield has a tradition of acknowledging Arbor Day and Arbor Month. 2. The proclamation is necessary to retain "Tree City, USA" status in 1995. Alternative Recommendation: None. Discussion/Decision Mode: This item is scheduled for the April 24, 1995 Council meeting. Community Services Director Don Fondrick will be present to accept the proclamation. Respectful) ubmitted, James~~E~:°Prosser City Manager JDP:ds CITY OF RICHFIELD, MINNESOTA Council Letter No. ion Agenda April 24, 1995 Issue Statement: Meeting with the Richfield Human Rights Commission. Background: The Special City Council meeting with the Human Rights Commission is one of a series of meetings between the City's Boards and Commissions and the City Council. The purpose of this special meeting is to provide an informal opportunity for Human Rights Commission Members to inform the City Council of recent and current issues. It also provides a forum for an open dialogue between the City Council and the Human Rights Commission. Recommended Motion: There is no action recommended. Basis of Recommendation: The Council has provided an opportunity for the Richfield Human Rights Commission to meet jointly with the Council to discuss topics of mutual interest and concern. Any discussion which might ultimately lead to an action would have to be considered for specific action at a regular Council meeting. Alternative Recommendation: None. Discussion/Decision Mode: This special meeting has been scheduled for April 24, 1995. Respectfully submitted, _, Jame~D. Prosser .,~, City Manager JDP:cak Copy: Ben Arriola, Human Rights Commission Chair