1987-13BILL N0. 1987-13
AMENDMENT TO CHAPTER III,
PART IV OF THE ORDINANCE
CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD GOES ORDAIN:
Chapter III, Part IV of the Ordinance Code of the City of Richfield regarding
zoning is amended by adding a new section, Section 3.33A, to read:
3.33A. USE REGULATIONS FOR "C-3" HIGH-DENSITY COMMERCIAL DISTRICT.
Subd. 1. Purpose. The city council recognizes that the city lacks a substan-
tial non-res~oential tax base and, as a largely developed community, has little
land available for new commercial development. However, there exist areas of
the city which have high visibility and accessibility due to their proximity to
major arterials but where previous development patterns have precluded realiza-
tion of full development potential. It is the intent of the city in
establishing this district to encourage redevelopment of such areas in a manner
which is consistent with the comprehensive plan and any redevelopment plan,
increases employment opportunities, provides a fuller range of goods and ser-
vices to residents of the city, and promotes development of a scale and inten-
sity sufficient to maximize the potential of the area.
Subd. 2. Permitted Uses. In the "C-3" high-density commercial district, unless
otherwise provided in this chapter, the following uses are permitted:
(1) 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;
{2) office buildings;
(3) hotels/motels;
{4) residential buildings;
(5) parking structures; and
(6) 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.
Subd. 3. Nonconforming Uses. All provisions of section 3.29 shall apply to
this district except that a nonconforming structure located on a single lot or
contiguous lots under a single ownership may be expanded within any consecutive
two calendar-year period by no more than ten percent (i0%) of its gross floor
area, provided the expansion meets ail other applicable city ordinance require-
ments.
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Subd. 4. Procedures. All proposals shall be reviewed under the site plan
approval process as set forth below:
(1) Approval Required. Without first obtaining site plan approval, it shall
be unlawru to ao any or the following within the "C-3" district:
(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.
Notwithstanding the above, site plan approval shall not be required for enlarge-
ment of a building by i0 percent or less of its gross floor area or changes in
the leasable space of amulti-tenant building, provided no variances are
required and the modifications do not significantly intensify use of the site.
(2) Application. Application for a site plan review shall be made to the
city on rorms 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 ordinance code;
(d} information regarding project phasing and timing;
(e) complete development plans as specified under subdivision 5, 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 subdivision 9;
(g) conveyance of a temporary easement to the city to permit completion
of screening, landscaping or other improvements required by the city as a con-
dition of site plan approval; and
(h) such other information as may be required by the city.
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(3) Public Hearin Upon receipt of a completed application, a date shall
be set for a puo is hearing before the planning commission. The hearing will be
held no less than ten (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 city council. Following appropriate review, the city
council shall make a decision regarding the application.
Subd. 5. General Criteria and Standards.
(1) General Standards. In evaluating a site plan, the planning commission
and city council shall consider its compliance with the following:
(a) consistency with the elements and objectives of the city's develop-
ment guides, including the comprehensive plan and any redevelopment plans
established for the area;
(b) consistency with this ordinance;
(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 pro-
motes 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,
(Z) 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;
(iv) dimensions of all structures;
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(v) the location of trash containers and of exterior electrical,
heating, ventilation, and air conditioning equipment; and
sewer.
(vi) utility plans including water, sanitary sewer, and storm
(b) Unadorned prestressed concrete panels, concrete block and un-
finished 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 property 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.
(3) Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qua ~ ied person drawn to a scale of not less than
one inch equaling 50 feet and showing 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.
(4) Minimum Landscaping Requirements.
(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.
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A11~ 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
~ I
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
$1,000,001 - $2,000,000
$2,000,0001 - $3,000,000
$3,000,001 - $4,000,000
Over $4,000,000
2%
_ $20,000 + 1% of Project
Value in excess of $1,000,000
_ $30,000 + 0.75% of
Project Value in excess of
$2,000,000
_ $37,500 + 0.25% of
Project Value in excess of
$3,000,000
1%
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 ordinance.
(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
2-1/2 inches. Coniferous trees shall be a minimum of six feet in height.
Ornamental trees shall have a minimum caliper of 1-1/2 inches.
(d) All lot areas not covered by buildings, sidewalks, parking lots,
driveways, patios, or similar hard-surface materials shall be covered with sod
or an equivalent ground cover approved by the city.
(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;
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(ii) box elder;
(iii) female ginko; or
(iv) a species of the genus Populus.
(5) Screening.
(a) The following shall be screened in accordance with the requirements
of this subdivision:
(i) Off-street parking facilities containing six or more spaces
shall be screened from public rights-of-way adjoining the property.
(ii) Loading docks shall be screened from all lot lines and public
rights-of-way.
(iii) Trash storage facilities shall be screened from all lot lines
and public rights-of-way.
(iv) 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.
(v) A11 rooftop or ground-mounted mechanical equipment and
exterior trash storage areas shall be enclosed with materials compatible with
the principal structure.
(b) Required screening may be achieved with fences, walls, earth berms,
hedges, or other landscape materials. All walls and fences shall be architec-
turally 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.
(c) 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 of way or within eight feet of
the traveled portion of any street or highway.
(d) 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.
Subd. 6. Minimum Floor-Area Ratio. The minimum floor-area ratio (FAR) for any
lot shall be 0.75. For the purposes of this section "floor-area ratio" shall
mean the sum total of the gross floor area of all the floors of all the
buildings on the lot divided by the total lot area. Gross floor area shall
include halls, lobbies, stairways, elevator shafts, enclosed porches and balco-
nies and below-grade enclosed floor areas used for business or habitation. Not
included as gross floor areas are open terraces, patios, atriums or balconies,
parking structures, carports, garages, and breezeways. Total lot area shall
mean the total area of the lot, excluding any public right-of~way.
~' Subd. 7. Minimum Lot Width. The minimum lot width shall be 150 feet.
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Subd. 8. Minimum Lot Area. The minimum lot area shall be 1.5 acres.
Subd. 9. Height Regulations. No building shall be so tall that its shadow is
cast onto a single- amily or two-family lot between the hours of 9:00 a.m. and
3:00 p.m, on any day of the year. The city 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 meas-
ures may include but are not limited to obtaining the consent of the affected
property owner.
Subd. 10. Setback Requirements. The following minimum requirements apply to all
improvements erected or structurally altered in a "C-3" district, subject to
modifications and exceptions provided in section 3.39 of this code.
(1) Buildings and Parking Structures.
(a) Building and parking structure setbacks along public streets shall
be at least 40 feet.
(b) 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, including circulation drives, open
space, parking areas, and glazed facades, results. Otherwise, the setback from
the interior lot line must be at least 10 feet or equal to at least one-quarter
the height of the building, up to a maximum of 20 feet of setback.
(2) Surface Parking Areas:
(a) Surface parking areas shall be set back from any public street
right-of-way at least 10 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-of-way and the edge of the parking area.
(b) Surface parking areas shall be set back from any building at least
10 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.
(3) Vehicular Circulation Aisles: Internal driveways shall be set back
from interior lot lines or structures at least 10 feet or a distance sufficient
to allow the placement of landscaping intended to soften the appearance of the
driveway from a public right-of-tivay or an adjacent building or parking ramp.
Subd. 11. Parking Requirements. The following minimum off-street parking
requirements shall be observed.
(1) Retail businesses: One space for every 200 square feet of gross floor
area.
(2) 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
liquor or wine license, one space for every two-and-one-half seats plus one for
every employee on the maximum shift.
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(3) Office Buildings:
Gross Leasable
Square Feet Required Number~of Spaces per 1,000
of Floor Area Square Feet of Floor Area
to 50,000 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 spaces/1,000 S.F. over 100,000 S.F.
over 150,001 675 spaces + 3.5 spaces/1,000 S.F. over 150,000 S.F.
(4) Residential Buildings: One and one-half spaces per housing unit plus
shared parking for visitors at the rate of one-half space per housing unit.
(5) Hotels: One space per sleeping room plus one space for every employee
on the maximum shift.
The city 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.
Subd. 12. Maintenance of Landscaping. The property owner shall be responsible
for the maintenance of a andscap~ng 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.
Subd. 13. Security Deposit Required. When screening, landscaping or other
similar improvements to property are required by this ordinance a security depo-
sit 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 reim-
bursing the city for all expenses incurr-ed by it in connection with making or
completing such improvements. The security deposit shall be provided prior to
the issuance of any building permit and shall be valid for a period of time
equal to one full growing season after 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.
[1
The city may allow an extended period of time for completion of all landscaping
if the delay is due to conditions which are 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.
Upon completion of the improvements and final inspection and approval by the
city, the security deposit shall be released.
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Subd. 14. Terms of Approval.
(1) 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 appro-
val is granted, unless a different time period is approved by the city 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
city 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 city council may grant an extension of time for commencement of a project
having site plan approval.
(2) The city council may impose conditions in granting approval to site
plans to promote the intent of this section or to protect adjacent properties.
(3) 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 city 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 5 percent change in the ground area 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 structure.
If the project is not in substantial compliance with the approved plans, the
project shall be subject to review as specified in subdivision 4 of this sec-
tion. - "
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Passed by the City Council of the City of Richfield, this 22nd day of
June 1987.
- ~_
ohn Harm ton, Mayor
ATTEST:
> ~ i'>
homas P. Ferber, c,ty c er
u
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Minnesota Suburban Newspapers, Inc.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Donald K. Marten5an ,being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current
are stated below.
and has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended
(e) The printed B 1 I I No . 1987-13
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for one successive weeks; it was first published on W e d n e s d a v ,the 1 day
of , u (y , 19 8?, and was thereafter printed and published on every to
i
'~ and including ,the day of , 19`; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgrstuvw z
TITLE; ope rat ions Manage r
bscribed and svvor~i to before me on this
day ~1:u I X~- ' 19 $7.
i h! ~ ,
Nd~ary Public : ~ -~;, `~ ,-;+ ,~' ~ ~~,~~
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 1.85 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 40.1¢ per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 38¢ per line
(Line, word, or inch rate)
City of Richfield
(OPficial Pu
RILL NO.
AMENDMENT Td
PART 1V OF THh.
CODE OF THE CITS
CFTY OF RIGHFIELll DOES ORDAIN.
Chapter III, Part IV of the Ordina
regarding zoning is amended by adding
3.73A. USE REGULATIONS F'OR "C-3
DISTIUCT.
Subd. L~Purpose. The city council
substantial non-residential tax base and
has little land available for new comm.
exist areas of the city which have high vi
proximity to major arterials but where I
precluded realization of full developmen
in establishing this district to encourag
manner which is consistent with the com
ment plan, increases employment oppoi
goods and services to residents of the c
scale and intensity sufficient to maximiz
Subd. L. Permitted Uses. In the "C-3'
unless otherwise provided in this chapter
(1) retail or service businesses. bu'.
involve outdoor storage or sale of goo
or materials are stored in an area wh
parking structure;
('L) office buildings;
(3) hotels/motels:
(4) residential buildings;
(5) parking structures; and
(6) other businesses which are deft
the general character as the uses li
would not be obnoxious or detrimental
be locatud.
Subd:.3. Nonconforming Uses. All prov~.
this district except that a nonconforming
contiguous lots under a single ownorsh
consecutive two calendar-year period by
its gross floor area, provided the e>-~.~nsi
ordinance reyvirements.
Subd. 4. Procedures. All propos:~~ ~.'~
approval process aS set [Qrth below
(1) Approval Required. Withoa
be unlawful to do any of the I'ollowt, , iw
Qt) construct a building:
(b) move a building to any Ic: i
(c) expand or change the ... . c
building, accessory at rnctu re, or al.r f
which results in a different intensity
ment for additional parking;
(d) grade or take other actions to p
except in conformance with a permit o
(e) remove earth, soils, gravel, or n
place the same on a lot, except in con
approved plan.
Not withstanding the above, site plar. ;~
enlargement of a building by 10 percent
changes in the Icnsable space of a mt.
veriunccsare required and the modificat
use of the site.
(Z) Application. Application for a site Ply
on forms providod by the city and shall be
(a) a plat or map o[ the property;
(b) evidenco of ownership or un into
(c) the fee specified in .Appendix D o;
_(d) information regarding project ph
e) complete development plans ate:
~ned by a registered architect. ~ivtl ~
other appn;priate desit+~ ^~ ~[ession.
(f~ proof of comPl'~ ., with the s~
,pacified under s..:l~~•ivision 9:
(g) convey:. of a temporary eae
"~mpl:~(;;;n of scrceniug, landscaping
yuir(~d by the cite as a condition of site
(h) such other in[ortnation as may be
(3) Public HearinK. Upon receipt of a con'
sot for a public hearing before the plannin@
held no less then ten (f0) days after maih
properticsiocated wholly or partially withic
after the close of the public hearing, the pla
recommepd:Uions to,lhe city council. F'ol!o
council shall make a decision regarding tht
Subd. •i. General Criteria and Standards.
(1) General Standards. In evaluating a si
and city council shall consider its comphan
(a) consistency with the elements
development guides, including the c~
redevelopment plans established (or th
(fi) consistency with this ordinance:
(c) preservation of the property in i
practicable by minimizing tree and soi
_ (d) creation of a design for st.ruch
promotes the Ibllowing:
(i) un internal sense of order umor
(ii) the adequacy of vehicular and i
ing walkways, mtcrior drives and par
number of access poutts to the pub"hc s
~tnd access points, gener,il nrieriot' ctr
trian ,md vehicular traffic ~md arrange
(ui) energy conservatum through
the use of landscape materals and sttt
(iv) the nunrmtzatumof adverse
sons using the development and adjac~
('2) Architectural Standards.
(a) Architectural plans shall be pre'
qualified person end shall show the fol
(i) elevations of all sides of the bu
(ii) type and color of exterior bull.
(iii) typical floor plans:
(iv[ dimensions of all structures;
(v) the location o[ trash contaim
heating, ventilation, and air condition
(vi) utility plans including wale
sewer.
(b) lJnadorned prestressed concre
unfinished metal, except- naturally
copper, shall not be permitted as ex
This restriction shall apply to all p
accessory buildings except those acce
any exterior property line.
(c) Underground utthties shall be
and those which are renovated if ren~
of the value of the structure.
(3) Landscape Pfan Requirements. Lan
landscape architect or other qualified per
one inch equaling 50 feel and showing the
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