1995-19Bill No. 1995-19
Amendment to Appendix B
of the City Code
of the City of Richfield
The City of Richfield Dces Ordain:
Section 1
Section 526 of Appendix B to the Richfield City Code entitled "Zoning: Commercial Districts" is hereby
amended by amending Section 526.43, Subd. 5 to read as follows:
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. The Planning Commission shall submit its recommendations to the Council. Following
appropriate review, the Council shall make a decision regarding the application.
Section 2•
Section 536 of Appendix B to the Richfield City Code entitled "Zoning: Planned Unit Developments" is
hereby amended by amending Section 536.17, Subd. 2 to read as follows:
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. 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.
Section 3•
Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended
by amending Section 546.03, Subd. 7 to read as follows:
Subd. 7. Procedures. The Director shall prepare reports and other necessary information for the
Board. The Board shall make a decision regarding any matter before it by adopting findings within
60 days of submission of a written appeal, unless written notice of an extension is provided to the
applicant. The notification must state the reasons for the extension and its anticipated length,
which may not exceed 60 days unless approved by the applicant. If the Board fails to make a
timely decision, the appeal shall be deemed to have been approved. A copy of the Board's decision
shall be served by mail upon the person requesting the adjustment or appeal.
Section 4•
Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended
by amending Section 546.05, Subd. 5 to read as follows:.
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 properties located
wholly or partially within 350 feet. The Council shall make the final determination on the
application, and in doing so shall make findings regarding its review. The Council may impose
conditions and require guarantees 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 60
days of submission of a completed application unless written notice of an extension is provided to
the applicant. The notification must state the reasons for the extension and its anticipated length,
which may not excced 60 days unless approved by the applicant. If the Council fails to make a
timely decision, the conditional use permit shall be deemed to have been approved.
Section 5•
Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended
by amending Section 546.07, Subd. 4 to read as follows:
Subd. 4. City 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 60 days of submission
of a completed application unless written notice of an extension is provided to the applicant. The
notification must state the reasons for the extension and its anticipated length, which may not
excced 60 days unless approved by the applicant. If the Council fails to make a timely decision, the
amendment shall be deemed to have been approved. The Council may adopt an amendment to this
code only upon an affirmative vote of at least two-thirds of its full membership.
Section 6•
Section 546 of Appendix B to the Richfield City Code entitled "Zoning: Administration" is hereby amended
by amending Section 546.09, Subd. 5 to read as follows:
Subd. 5. Decision. Not less than 60 days after receipt of a completed application, the Hearing
Examiner shall render a written decision regarding the application unless written notice of an
extension is provided to the applicant. The notification must state the reasons for the extension and
its anticipated length, which may not exceed 60 days unless approved by the applicant. If the
Hearing Examiner fails to make a timely decision, the variance shall be deemed to have been
approved. 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.. The Hearing Examiner
may impose conditions in granting variances to effect the intent of this code and to protect adjacent
properties.
Bill No. 1995-19
Passed by the City Council of the City of Richfield, Minnesota. this 11th day of December, 1995.
~I t, ~^1
Martin J. Kirsch;--Mayor
ATTEST:
-~ a/~~>
Thomas P. Ferber, City Clerk
r
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
V~, V
PUl31JCAllC1NS
Sun•Current $UMPOSt Sun•Sailor
AFFIDAVIT OF PUBLICATION
SS.
Donald W . T h U r l o W ,being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher ofi the newspaper known as
Sun -Current ,and has full knowledge of the facts which
are stated below.
(:~) 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.
(B) The printed Bill N o . 19 9 5 -19
vrhich is attached was cut firom the columns of said newspaper, and was printed and
shed once each week, for one successive weeks; it was first published
lrrednesdav the 20 day of December ,1g95,andwas
thereafter printed and published on every.
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
r r ~
A ~~~~
publication of the notice: '~, ,~ ~~
abcdefghijklmnopgrstu~~+txyz „^ L. p s ,f
BY: .
TITLE: P U b l i S h e r
RATE INFORMATION
owest classified rate paid by commercial users $ 1.90 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 1.90 per line
(3) Rate actually charged for the above matter $ 1.02 per line
City of Richfield
(Official Publication)
Bill No: 1995-19
Amendment to Appendix B
of the City Code of the City of Richfield
The City of Richfield Does Ordain:
Section L•
Section 526 ofAppendix B to the Richfield City Code enti-
tled "Zoning: Commercial Districts" is hereby amended by
amending Section 526.43, Subc1.5 to read as follows:
Subd. 5. Public hearine. 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 partial-
ly within 350 feet of the site. The Planning Com-
mission shall submit its recommendations to the
Council. Fol]owing appropriate review, the Council
shall make a decision regarding the application.
Section 2:
Section 536 ofAppendix B to the Richfield City Code enti-
tled "Zoning: Planned Unit Developments" is hereby a-
mended by amending Section 536.17, Subd. 2 to read as fol-
lows:
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 sit-
uated wholly or partially within 350 feet of the pro-
posed PUD district. The Planning Commission shall
submit its recommendation to the Council. The Plan-
ning Commission may recommend approval with or
without modifications, or may recommend denial of
the PUD application.
Section 3•
Section 546 of Appendix B to the Richfield City Code enti- ~
tled "Zoning: Administration" is hereby amended by ~
amending Section 546.03, Subd. 7 to read as follows:
Subd. 7. Procedures. The Director shall prepare re-
ports and other necessary information for the Board.
The Board shall make a decision regarding any mat-
ter before it by adopting findings within 60 days of
submission of a written appeal, unless written notice
of an extension is provided to the applicant. The noti-
fication must state the reasons for the extension and
its anticipated length, which may not exceed 60 days
unless approved by the applicant. If the $oard fails
to make a timely decision, the appeal shall be deemed
to have been approved. A copy of the Board's decision
shall be served by mail upon the person requesting
the adjustment or appeal.
Section 4:
Section 546 ofAppendix B to the Richfield City Code enti-
tled "Zoning: Administration" is hereby amended by a-
mending Section 546.05, Subd. 5 to read as follows:
Subd. 5. Public hearine. After receipt of the recom-
mendation of the Planning Commission, a date shall
be set for a public hearing. Not less than 10 days pri-
or to the public hearing, notice shall be published
once in the official newspaper and sent by mail to all
the owners of properties located wholly or partially
within 350 feet. The Council shall make the final
determination on the application, and in doing so
shall make findings regarding its review. The Council
may impose conditions and require guarantees on the
granting of the permit in order to ensure compliance
with the conditions designated in connection there-
with. The Council shall make a decision within 60
days of submission of a completed application unless
written notice of an extension is provided to the ap-
plicant. The notification must state the reasons for
the extension and its anticipated length,.which may
not exceed 60 days unless approved by the applicant.
If the Council fails to make a timely decision, the con-
ditional use permit shall be deemed to have been
approved.
Section 5•
Section 546 of Appendix B to the Richfield City Code enti-
tled "Zoning: Administration" is hereby amended by a-
mending Section 546.07, Subd. 4 to read as follows:
Subd. 4. pity Council consideration. After receipt
of the recommendation of the Planning Commis-
sion, the Council shall consider the. matter at a
first reading. The Council may offer whatever pub-
lic 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 pub- ~
fished once in the official newspaper. Notice re-
garding 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 60 days of submission of a completed appli-
cation unless written notice of an extension is pro-
vided to the applicant. The notification must state
the reasons for the extension and its anticipated
length, which may not exceed 60 days unless ap-
proved by the applicant. If the Council fails to
make a timely decision, the amendment shall be
deemed to have been approved. The Council may
adopt an amendment to this code only upon an
affirmative vote of at least two-thirds of its full
membership.
Section 6•
Section 546 of Appendix B to the Richfield City Code enti-
tled "Zoning:. Administration" is hereby amended by a-
mending Section 546.09, Subd. 5 to read as follows:
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