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2010-15BILL NO. 2010-15 AMENDMENT TO SECTION APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD (Lyndale Commons Planned Unit Development Plan and Rezoning) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Findings of Fact. The City Council hereby makes the following findings of fact: A: The .City's zoning ordinance establishes zoning classifications for individual property. The properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West are zoned C-2 (general commercial) and R (single family residential) [the "subject area"]. B. Michael Development has submitted an application to the City for a planned unit development plan [the "PUD plan"] in the subject area. The PUD plan proposes to construct 90 residential units and 119 parking stalls. C. The City has reviewed the zoning ordinance and determined that it would be appropriate to rezone the subject area as PMR (planned multi-family residential) and approve the PUD plan to establish the regulations governing the PMR district. D. The Planning Commission has conducted a public hearing concerning the PUD plan and amending the zoning ordinance in the subject area. The Planning Commission recommended approval of the PUD plan and zoning ordinance amendment on July 26, 2010 following a public hearing. The City Council held a first reading of the rezoning on August 9, 2010 and second reading and consideration of the PUD plan on September 14, 2010. E. The City's zoning ordinance provides criteria for approving a PUD plan and rezoning of property to a planned unit development. The City Council finds that the PUD plan and rezoning of property in the subject area meets the criteria in the following ways: 1) The proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plans: a) The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66th Street and Lyndale Avenue Area. b) The Comprehensive Plan describes the intent in this area "is to continue the expansion of the city center area by incorporating residential housing at 50+ units per acre..." c) The PUD plan and rezoning are also consistent with the following Comprehensive Plan Houisng Policy: "Encourage the creation of `move-up' housing through new construction and home remodeling." d) The PUD plan and rezoning are consistent with the Comprehensive Plan goal to, "Ensure sufficient diversity in the housing stock to provide fora .range of household sizes, income levels and needs." 2) The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries: The building is designed to provide on-site amenities like greenspace and parking to the residents. The proposal also connects the site to the neighborhood through sidewalk connections. 3) The development is in substantial conformity with the . purpose and intent of the original MR-3 zoning district, and departures from the original district regulations are justified by the design of the development. Setbacks have been reduced to provide for a more interesting building design, the incorporation of a large plaza area to be visible from Lyndale Avenue and to maximize tree preservation and usable green space. 4) 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: Right turns onto 64t" Street from the development will be prohibited to minimize traffic in the adjacent neighborhood and utilities will be upgraded to accommodate the new building. Greenspace, including a tot lot, will be provided for use by the residents. The development also se#s aside an area for an enhanced transit facility to serve the neighborhood as a whole. 5) The development will not have undue adverse impacts on neighboring properties: Traffic in the neighborhood will be minimized by prohibiting right turns out of the development. This movement is not currently prohibited from the commercial development. The site has been designed to locate the building closer to Lyndale Avenue and farther from the single-family properties to the east. The parking lot will be screened with a privacy fence and landscaping. 6) The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests: A final development plan, which establishes the terms and conditions of the development, is required before construction can commence. Section 2. Appendix 1 of the zoning ordinance code of the City of Richfield entitled "Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended: A. Section 3, Paragraph (26) is amended to read as follows: (26) M-5 (E of Lyndale between 64th and 65th) Lots 3 through 5 and Lots 418 through 20, Block 6, Lyndale Oaks Addition except for the Northwesterly 25 feet of Lot 18; and Lot 2, Block 2, J.N. Hauser's Second Addition. (Amended, Bill No. 2010-15). B. Section 8, new paragraph (6) is added to read as follows: (6) M-5 (Southeast corner of Lyndale Avenue and 64t" Street West) Lots 10 through 17 and the Northwesterly 25 feet of Lot 18 Block 6, Lyndale Oaks Addition, together with that part of the vacated alley that accrued to said Lots by reason of the vacation thereof. (Added, Bill No. 2010-15). Section 3. This amendment constitutes a rezoning of the following property: R to PMR: 515 64th Street West C-2 to PMR: 6401 Lyndale Avenue South and 521 64th Street West Section 4. This ordinance shall become effective under the following terms: A) Upon notification by applicant Michael Development that the project will proceed, this Ordinance shall be published and become effective in accordance with Section 3.09 of the Richfield City Charter; or B) Upon notification by applicant Michael Development that the project will not proceed, this Ordinance will not be published nor become effective. Zoning of all properties will remain consistent with the existing zoning on the date of passage of this Ordinance; or C) This Ordinance shall expire nine months from passage, on June 14, 2011, should neither the above A or B take place. Passed by the City Council of the City of Richfield, Minnesota this 14th day of September, 2010. Debbie Goettel, -Mayor ATTEST: r, i Nancy Gibbs, ity Clerk