2000-20BILL NO. 2000-20
AMENDMENT TO SECTION APPENDIX 1
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
(Best Buy Campus 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 property located in the Interchange West area, specifically
between Knox and Penn Avenues and 76th Street and midway between 77th
and 76th Street is zoned R (single family residential), MR-1 (two family
residence), MR-2 (medium density multiple residence), and C-2 (general
commercial) [the "subject area"].
B. Opus Northwest, L.L.C., on behalf of Best Buy Co. Inc., 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 1.5 million square feet
of office space and 7,500 parking stalls.
C. The City has reviewed the zoning ordinance and determined that it would be
appropriate to rezone the subject area as PC-2 (planned general commercial)
and approve the PUD plan to establish the regulations governing the PC-2
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 September 26, 2000 following a public hearing. The
City Council held first reading of the rezoning on October 23, 2000 and a
public hearing on the PUD plan amendment and rezoning on November 27,
2000 and December 11, 2000.
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 project area is designated Regional CommerciaVOffice and
the proposed development is consistent with this designation.
2)
3)
b) An objective of the Comprehensive Plan is to "advocate and
support with municipal investment a high quality visual
environment throughout the City and particularly along major
transportation corridors." The PUD plan and rezoning are
consistent with this objective.
c) The PUD plan and rezoning are also consistent with the
following goal of the Comprehensive Plan: "Provide an
economic climate within Richfield that will encourage the
availability of quality goods, services and employment
opportunities for residents."
d) The PUD plan and rezoning are consistent with the
Comprehensive Plan goal to, "Promote diverse development
that will broaden the tax base while reinforcing the residential
character of Richfield," and with its accompanying objective,
"promote development that can support itself and broaden the
tax base."
e) The PUD plan and rezoning are consistent with the following
Comprehensive Plan objective: "Promote Richfield's locational
advantage within the greater metropolitan area."
f) The PUD plan and rezoning are consistent with the
Comprehensive Plan objective to "address the means to
improve the visual quality throughout the City, concentrating on
design districts and transportation corridors, beginning with land
use coordination."
g) The PUD plan and rezoning are consistent with the description
of the I-494 West subarea plan that states as follows: "The area
between I-35W and Penn Avenue offers the same future
commercial development potential as its counterpart to the east
of 1-35W."
h) Although housing is not part of the development that is currently
being proposed for the subject area, approximately $7 million of
the tax increment generated by the development will be placed
in a housing fund to finance construction and rehabilitation of
affordable and market rate housing throughout the community.
The proposed development is designed in such a manner as to
form a desirable and unified environment within its own boundaries:
The project is designed to create an office campus setting for Best
Buy Co., Inc. The buildings, ramp and site development are all part
of one unified development.
The development is in substantial conformity with the purpose and
intent of the original C-2 zoning district, and departures from the
original district regulations are justified by the design of the
development: One setback for the parking ramp and the building
heights depart from the original district regulations. The setback for
the parking ramp on 76th Street is five feet less than would be
required in the original district regulations for an accessory building.
1
The reduced setback along 76th Street will allow for a right turn
lane on 76th Street onto Knox Avenue. Significant landscaping will
be installed in this area to make up for the reduced setback area.
The additional building height is appropriate for freeway office
development and allows for more open space on the site.
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: Transportation
improvements are proposed to accommodate traffic from the
development and to improve existing traffic problems in the area at
Penn Avenue and I-494 and Penn and 76th Street. The existing
sanitary sewer lift station will be expanded to accommodate
increased flow from the development. With the improvements,
there are sufficient utilities to serve the development.
5) The development will not have undue adverse impacts on
neighboring properties: Transportation improvements are proposed
to accommodate traffic from the development. Site features are
planned to minimize visual impacts from the development on
neighboring properties. The final development plan provides
details regarding landscaping and lighting which are designed to
minimize the impacts of the development on neighboring
properties.
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.
An EIS and Indirect Source Permit are required for the project. The
EIS identifies impacts of the project and proposes mitigation
measures. The Indirect Source Permit requires that the mitigation
measures be implemented. The EIS was determined to be
adequate by the City Council on December 11, 2000.
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 7, Paragraph (10) is amended to read as follows:
(10~ M-14 (Southeast of 76th and Penn) That area bounded by the
centerline of Penn Avenue on the west; the south border line of Section 33,
Township 28 Range 24 Hennepin County Minnesota on the south; the
centerline of Knox Avenue on the east; and the centerline of 76th Street on the
north.
B. Section 3, Paragraph (7) is amended to read as follows:
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C. Section 3, Paragraph (29) is amended to read as follows:
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Section 3. This amendment constitutes a rezoning of the following property:
R to PC-2: 7601-7649 Penn Avenue South, 7600-7644 Oliver Avenue
South, 7601-7645 Oliver Avenue South, 7600-7644 Newton Avenue South,
7601-7633 Newton Avenue South, 7600-7634 Morgan Avenue South, 7601-7629
Morgan Avenue South, 7645-7647 Morgan Avenue South, 1915 West 76th
Street, 7615 Logan Avenue South
MR-1 to PC-2: 7639-7645 Newton Avenue South, 7638-7644 Morgan
Avenue South, 7639-7641 Morgan Avenue South, 7608-7646 Logan Avenue
South
MR-2 to PC-2: 7601 Logan Avenue South
C-2 to PC-2: 7745 Penn Avenue South, 2015-2121 West 77th Street,
1920-2100 West 78th Street, 7701- 7725 Morgan Avenue South, 7700-7708
Logan Avenue South, 7701 Logan Avenue South, 7600-7700 Knox Avenue
South, 7629-7645 Logan Avenue South
Section 4. This ordinance shall become effective on such date as all subject
parcels are held in common ownership by or under the control of Best Buy Corporation
or 30 days following publication of this ordinance, whichever is later. For purposes of
this ordinance, a parcel is deemed to be under the control of Best Buy Corporation if
either (i) the parcel is under purchase agreement in favor of Best Buy or its agents or (ii)
a court of competent jurisdiction has entered an order approving the acquisition of the
parcel by eminent domain by the Richfield Housing and Redevelopment Authority.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
December, 2000.
0
ATTEST:
,, ~
j..~~F~'-~i::f't, k,.~1.. 1.1 ~!~~~~,4.11r'~-~C/'
Deborah J. Guih~r, Deputy City Clerk
n
'~i
Martin J. Kirsch, Mayor
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
~~ »z' r~
newspapers
AFFIDAVIT OF PUBLICATION
Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the
newspaper known as Sun-Current or the president's designated
agent, and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(6) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the 20 day of
December , 2000, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of , 2000; 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:
abcdefghijklmnopgrs~tu,,.~~'~y~
am..a, ....~
rP~""'~y Publisher
Subscribed and sworn too affirmed t5efore me
o this ~ day of n ~ ,.2000.
_~ ~ (~.
MERIDEL M. NEDBLOM
+~# '~c: NOTARYPUSLiC-MINNESOTA
~' •' MY COMMdSSION EXP1fIE5 t•31.2005
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.40 per line
City of Richfield
(Official Publication)
BILL N0.2000-20
AMENDMENT TO SECTION APPENDIX 1
OF THE ORDINANCE CODE OF THE CITY OF
RICHFIELD
(Best Buy Campus 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 classi-
fications for individual property. The property located in
the Interchange Westi azea, specifically between Knox and
Penn Avenues and 76th Street and midway between 77th
and 76th Street is zoned R (single family residential), MR-
1 (two family residence), MR-2 (medium density multiple
residence), and C-2 (general commercial) [the "subject,
area"].
B. Opus Northwest, L.L.C., on behalf of Best Buy Co. Inc.,
has submitted an application to the City for a planned unit
development plan [the "PUD plan"] in the subject azea.
The PUD plan proposes to construct 1.5 million squaze feet
of office space and 7,500 parking stalls.
C. The City has reviewed the zoning ordinance and de-
termined that it would be appropriate to rezone the sub-
ject area as PC-2 (planned general commercial) and ap-
prove the PUD plan to establish the regulations governing
the PC-2 district.
D. The Planning Commission has conducted a public
hearing concerning the PUD plan and amending the zon-
ing ordinance in the subject area. The Planning Commis-
sion recommended approval of the PUD plan and zoning
ordinance amendment om September 26, 2000 following a
public hearing. The City Council held first reading of the
rezoning on October 23, 2000 and a public hearing on the
PUD plan amendment and rezoning on November 27,
2000 and December 11, 2000.
lows:
(10)M-14 (Southeast of 76th and Penn) That area bound-
gd bythe centerLne ofPenn Avenue on the west: the south
border line of Section 33 Ta~ms}up 28 R_nee 24 Hen_
n~pin County Minnesota on the south• the centerline of
Knox Avenue on the east; and the centerline of 76th Street
on the north
B. Section 3, Paragraph (7)is amended to read as foIlowa:
~~
C. Section 3, Pazagraph (29) is amended to read as fol-
lows:
__ _ __ _ _ e.~_._ ______ ____.
D. Section 3, Paragraph (60) is amended to read as fol-
lows:
.a ..tea.. _ - ----- '
E. Section 12, Paragraph (23) is amended to read as fol-
lows:
E Section 11, Paragraph (7) is amended to read as fol-
lows:
i
E. T)ie City's zoning ordinance provides criteria for ap- ad2.E , e
_ ____n __a z.~.,,
proving a PUD plan and rezoning of property to a planned '
i unit development. The City Council finds that the PUD.
plan and rezoning of property in the subject area meets the G. Section 11, Paragraph (S) is amended to read as fol-
l
1 criteria in the following ways: ows:
1) The proposed development conforms with the goals and
objectives of the City's Comprehensive Development Plan ~
,and any applicable redevelopment plans:
i a) The project azea is designated Regional Commer- H. Section 11, Paragraph (10) is amended to read as fol-
ciaUOfiice and the proposed development is consistent -lows:
with this designation.
b) An objective of the Comprehensive Plan is to "advo-
'
cate and support with municipal investment a high ~_.___ __., a_ __._a ~, ~ _. _c=~_ ____
quality visual environment throughout the City and
3 particularly along major transportation corridors:' , e ..,_ __ti<_ o u.. _ _ __
n
The PUD plan and rezoning are consistent with this __ _ ,_, a , wr_ ,na~_,_e~
~ ~ ..~ _
] objective.
c) The PUD plan and rezoning are also consistent with Section 3. This amendment constitutes a rezoning of the
the following goal of the Comprehensive Plan: "Pro-
1
~ vide an economic climate within Richfield that will en- following property:
courage the availability of quality goods, services and R to PC-2: 7601-7649 Penn Avenue South, 7600-7644 Oliv-
employment opportunities for residents." er Avenue South, 7601-7645 Oliver Avenue South, 7600-
d) The PUD plan and rezoning are consistent with the
' 7644 Newton Avenue South, 7601-7633 Newton Avenue
)
Comprehensive Plan goal to, "Promote diverse devel- 7600-7634 Morgan Avenue South, 7601-7629 Mor-
South
opment that will broaden the tax base while reinforc- ,
gan Avenue South, 7645-7647 Morgan Avenue South, 1915
ing the residential character of Richfield," and with its Rest 76th Street, 7615 Logan Avenue South
! accompanying objective, "promote development that
can support itself and broaden the tax base." MR-1 to PC-2: 7639-7645 Newton Avenue South, 7638-
e) The PUD plan and rezoning are consistent with the
" 7644 Morgan Avenue South, 7639-7641 Morgan Avenue
Promote
y following Comprehensive Plan objective: South, 7608-7646 Logan Avenue South
Richfield's locational advantage within the greater
1 metropolitan area."
fl The PUD plan and rezoning aze consistent with the MR-2 to PC-2: 7601 Logan Avenue South
Comprehensive Pian objective to "address the means C-2 to PC-2: 7745 Penn Avenue South, 2015-2121 West
to improve the visual quality throughout the City, con- 1920-2100 West 78th Street, 7701- 7725 Mor-
77th Street
centrating on design districts and transportation cor-
" ,
gan Avenue South, 7700-7705 Logan Avenue South, 7701
ridors, beginning with land use coordination.
ith th
n Logan Avenue South, 7600-7700 Knox Avenue South,
e
g aze consistent w
i g) The PUD plan and rezoni 7629-7645 Logan Avenue South
description of the I-494 Weft subarea plan that states
'. as follows: "The area betty en I-35W and Penn Avenue
~ Section 4. This ordinance shall become effective on such
mmercial development po-
offers the same future
I date as all subject parcels are held in common ownership
~ tential as its counterpart to the east of I-35W." by or under the control of Best Buy Corporation or 30 days
h) Although housing is not part of the development following publication of this ordinance, whichever is later
that is currentlyy being proposed for the subject area, , For purposes of this ordinance, a parcel is deemed to be
approximately $7 million of the tax increment gener- under the control of Best Buy Corporation if either (i) the
ated by the development will be placed in a housing
fund to finance construction and rehabilitation of af- parcel is under purchase agreement in favor of Best Bu}
ents or (ii) a court of competent jurisdiction has en
its a
fordable and market rate housing throughoutthe wm- g
or
tered an order approving the acquisition of the parcel b}
munty. ~ eminent domain by the Richfield Housing and Redevelop
2) The prdposed development is designed in such aman-
ner as to form a desirable and unified environment with- ment Authority. '
in its own boundaries'Cheproject is designed to create an passed by the City Council of the City of Richfield, Min
office campus setting for Best Buy Co., Inc. The buildings,
ramp and site development are all part of one unified de- nesota this 11th day of December, 2000. '
velopment.
3) The development is in substantial conformity with the ATTEST:
Deborah J. Guiher, Deputy City Clerk
purpose and intent of the original C-2 zoning district, and
departures from the original district regulations are justi-
fled by the design of the development: One setback for the Martin J. Kirsch, Mayor
parking ramp and tihe building heights depazt from the (Dec. 20, 2000)D3/Bi11.2000-20
original district regulations. The setback for the parking
ramp on 76th Street is five feet less than would be required
in the original district regulations for an accessory build-
ing. The reduced setback along 76th Street will allow for
a right turn lane on 76th Street onto"Knox Avenue. Sig-
.. nificant landscaping will be installed in this area to make