2011-02BILL NO. 2011-2
AMENDMENT TO APPENDIX 1
OF THE CODE OF THE
CITY OF RICHFIELD
(CVS 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 at 6528 Penn Avenue is
zoned C-2 (General Commercial), MU-C (Mixed Use -
Community) and is within the PAC (Penn Avenue Corridor)
Overlay District.
B. Velmeir Companies has submitted an application to the City for a
planned unit development plan [the "PUD plan"] for the south 220
feet of 6528 Penn Avenue [the "subject area"]. The PUD plan
proposes to construct a 12,900 square foot retail building with
drive-thru service and 58 parking stalls.
C. The City has reviewed the zoning ordinance and determined that it
would be appropriate to rezone the subject area as PMU (planned
mixed use) and approve the PUD plan to establish the regulations
governing the PMU 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
November 22, 2010. The City Council held a first reading of the
rezoning on December 14, 2010 and second reading and
consideration of the PUD plan on January 11, 2011.
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 PUD plan is consistent with the
Comprehensive Plan designation of this property
as part of a larger mixed use district stretching
along Penn Avenue from Highway 62 to 68th
Street.
b) The PUD plan is consistent with the described
intent of this designation to "create a traditional
neighborhood center that is a vibrant, pedestrian-
oriented district...[that] would accommodate
residential, shopping, recreational and business
uses in a flexible arrangement that captures the
spirit and intent of the Penn Avenue Revitalization
Master Plan." [4-22]
c) The PUD plan is consistent with the Penn Avenue
Master Plan vision for this area as a continued
home for the Arc's Value Village store, additional
retail and surface parking. The PUD plan is
consistent with the Penn Avenue Design
Guidelines in that it appropriately transitions
between the public street and private
development.
d) The PUD plan and rezoning are also consistent
with the expressed desire for "enhance[d]
business opportunities...either as .part of
upgrading existing retail areas, expanding new
retail business opportunities and/or seeking new
and/or redevelopment opportunities for offices,
entertainment and service businesses." [4-16]
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 accommodate
customers for the proposed business, as well as continued
shared access with the adjoining property. Drive-thru service
is separated from the general parking area to prevent traffic
congestion within the site. Enhanced crosswalk treatments
on site will allow for safe pedestrian movement within the
development and to/from the adjoining property and public
street.
3) The development is in substantial conformity with the
purpose and intent of the original MU-C and PAC zoning
districts, and departures from the original district regulations
are justified by the design of the development: Setbacks
have been adjusted based on the particulars of the site -
specifically, the significant grade change from the intersection
to the northwest corner of the property and property's
relationship to the adjacent residential buildings to the west.
The proposed ground sign with that will contain advertising
for the business on the northern half of the divided property is
justified based on the shared parking and access for the two
uses.
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:
Access to and from the development will remain the same
and there is no change in the proposed class of use of the
property (retail to retail). The developer will work with the
Public Works Department to upgrade utilities where
necessary and no issues are anticipated.
5) The development will not have undue adverse impacts on
neighboring properties: No access changes are proposed
and there is no change in the class of use of the parcel. The
use is significantly separated and screened from the
residential parcels to the west by a grade change and
existing tree cover that will remain.
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 (6) is repealed.
B. Section 16, Paragraph (6) is amended to read as follows:
(6) M-9, 10 (W of Penn, 62 to 67th, except 66th & Penn corner) That
area lying between the center lines of state highway 62 and 67tH
Street, and between the center lines of Penn Avenue and Queen
Avenue extended north except that part of Lot 16, "Richfield
Gardens" which lies southerly of a line described as commencing
at the southeast corner of said Lot 16; thence northerly, along the
easterly line of said Lot 16 a distance of 219.69 feet to the point of
beginning of the line to be described thence westerly deflecting to
the left 90 degrees 00 minutes 00 seconds, to the west line_ of said
Lot 16 and said line there terminating; together with: got 3, MOCK 3,
ion of Lot ~ ~, Kicnneia ~araens.
C
Section 3. This amendment constitutes a rezoning of the south half of 6528 Penn
Avenue.
Section 4. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
January, 2011.
ebbie Goettel, Mayor
ATTEST:
Nancy Gib s, City Clerk
A new Section 8 titled Planned Mixed Use (PMU) is added
as follows, and by now renumbering all following sections
accordingly.
City of Richfield
(Official Publication)
BILL N0.2011-2
~~ r- .'"_ AMENDMENT TO APPENDIX 1
t-.= OF THE CODE OF THE
ne~spape~s CITY OF RICHFIELD
(CVS Planned Unlt Development
Plan and Rezoning)
AFFIDAVIT OF PUBLICATION A NCITY OF RICHFIELD DOES OR-
Sectton 1. Findings of Fact. The City
STATE OF MINNESOTA ) findingsoffact makes the following
} SS. A. The City's zoning ordinance estab-
COUNTY OF HENNEPIN ) Iishes zoning classifications for indi-
vidual property. The property located
Richard Hendrickson, being duly sworn on at 6528 Penn Avenue is zoned C-2
(General Commercla~, MU-C (Mixed
an oath, states or affirms that he is the Chief Use -Community) and is wfthin the
Financial Officer of the newspaper(s) known PDAC~~enn Avenue Corridor) Overlay
aS B. Velmeir Companies has submitted
Richfield Sun-Current an application to the city for a planned
unit development plan [the "PUD
plan"J for the south 220 feet of 6528
Penn Avenue [the "subject area"]. The
PUD plan proposes to construct a
and has full knowledge of the facts stated 12,go0 square foot retail building with
belOW: drive-thru service and 58 parking
stalls
(A) The newspaper has complied with all of C. The City has reviewed the zoning
the requirements constituting qualifica- ordinance and determined that It
would be appropriate to rezone the
tion as a qualfied newspaper as provid- aubject area as PMU (planned mixed
ed by Minn. Stet. §331 A.02, §331 A.07, use) and approve the PUD plan to es-
and other applicable laws as amended. MIU districtregulations governing the
(B) The printed public notice that is attached D. The Planning Commission has
Was ublished in said news a er s conducted a public hearing concem-
p p p () ing the PUD plan and amending the
once each week, for one successive zoning ordinance in the subject area.
Weeks ; it Was first ublished on Thurs- Tne Planning Commission recom-
() p mended approval of the PUD plan and
day, the 20 day of January zoning ordinance amendment on No-
2011, and was thereafter printed and held aeflrst reading of the eyzon ng on
published on every Thursday to and in- December 1a, 2010 and second read-
cluding Thursday, the day of onn January 1 d 20 ~n of the PUD plan
. 2011; and printed E. The city's zoning ordinance pro-
below is a copy of the lower case alpha- a~ndd re oni g of propenyto a plaDnnear'd
bet from A to Z, both inclusive, which is unit development. The City Council
hereby acknowledged as being the size finds that the PUD plan and rezoning
of property in the subject area masts
and kind of type used in the composition the criteria in the following ways:
and publication of the notice: 1) The proposed development con-
forms wRh the goals and objectives of
abcdefghijkimnopgrstuvwxyz the City's Comprehensive Develop-
mentPlan and any applicable redevel-
opment plans:
a) The PUD plan is consistent with
the Comprehensive Plan designation
of this property as part of a larger
mixed use district stretching along
enn Avenue from Highway 62 to 88th
BY. CFO 6) f eThe PUD plan is consistent with
the described Intent of this designa-
tion to "create a twadftional neighbor-
hood center that is a vibrant, pedestri-
an-oriented disUlct...[that] would ac-
Subscribed and sworn to or affirmed commodate residential, shopping,
before me on this 20 day Of recreational and business uses to a
January flexible arrangement that captures the
2011. spirit and Intent of the Penn Avenue
Revftalizaflon Master Plan." [4-22]
~~ ~y c) The PUD plan is consistent with
2%f~ ^ the Penn Avenue Master Plan vision
(~\ for this area as a continued home for
dl the Arc's Value Village store, addftion-
al retail and surface parking. The PUD
Notary Public plan is consistent with the Penn Av-
enue Design Guidelines in that ft ap-
o~ee~c~x~ propriately transitions between the
. public street and private development.
_ J U L I A I H E L K E N N ~ The PUD plan and rezoning are
' also consistent wRh the expressed de-
'- ;~~: ~ MOTAn'f PUBLIC - f:11PJPlESOTA sire for"enhance[d]businessopportu-
~r ~~ n(ties...efther as part of uppgrading ex-
~.,<y-. f>lyConun Expires.Imi.3i'2U15 istfngretallareas,expandingnewretall
~f.~~~,«~,c~aa~,~r~„~,,o. business opportunities and/or seeMng
new and/or redevelopment opportunl-
ties for offices, entertainment and ser-
vice businesses." [4-16]
2) The proposed development is de-
signed in such a manner as to form a
desirable and unified environment
within Its own boundaries: The build-
ing is designed to accommodate cus-
tomers for the proposed business, as
well as continued shared access wfth
the adjoining property. Drive-thru ser-
vice is separated from the general
parking area to prevent traffic conges-
tion wfthin the sfte. Enhanced cross-
walk treatments on efts will allow for
safe pedestrian movement wfthin the
development and to/from the adjoin-
ing property and public street.
3) The development Is in substantial
conformity wRh the purpose and intent
of the original MU-C and PAC zoning
districts, and departures from the orig-
inal district regulations are justified by
the design of the development: Set-
backs have been adjusted based on
the particulars of the ske - specfftcal-
ly, the significant grade change from
the intersection to the northwest cor-
ner of the property and property's re-
lationship to the adjacent residential
buildings to the west. The proposed
ground sign wRh that will contain ad-
vertising forthebusiness onthe north-
ern half of the divided property is jus-
tified based on the shared parking and
access for the two uses.
4) Thedevelopmentwillnotcreatean
excessive burden on parks, schools,
streets, or other public facilRies and
utilfties which serve or are proposed to
serve the development: Access to and
from the development will remain the
same and there is no change in the
proposed class of use of the props
(retail to retail. The developer wi I
work wRh the Public Works Depart-
ment toupgrade ufllftleswhere neces-
sary and no issues are anticipated.
5) The development will not have
undue adverse Impacts on neighbor-
ingproperties: Noaccesschangesare
proposed and there is no change in the
class of use of the parcel. The use is
significantly separated and screened
from the residential parcels to the west
by a grade change and existing tree
cover that will remain.
8) The terms and conditions pro-
posed to maintain the Integrity of the
plan are sufficient to protect the pub-
lic Interests: A final development plan,
which establishes the terms and con-
ditions ofthe development, is required
before construction can commence.
Section 2. Appendix 1 oftha zoning or-
dinance code of the City of Richfield
entitled "Richfleld Zoning Code:
Boundaries of Zoning Districts" is
hereby amended:
A. Section 3, Paragraph (8) is re-
pealed.
B. Section 18, Paragraph (6) is
amended to read as follows:
(8) M-9,10 (N/ of Penn, 62 to 67th, ex-
cept 68th & Penn cornera That area
lying between the center lines of state
highway 62 and 67th Street, and be-
tween the center lines of Penn Avenue
and Queen Avenue extended north,
except that part of Lot 16, "Richfleld
Gardens",which Iles southerly of a line
described as commencing at the
southeast corner of said Lot 16;
thence northerly, along the easterly
line of said Lot 18, a distance of 219.89
feet to the point of beginning of the line
to be described; thence westerly, de-
flecting to the left 90 degrees 00 min-
utes 00 seconds, to the west line of
said Lot 16 and said line there termi-
nating; together wfth: Lot 3, Block 3,
Hany Tickner's Subdivision of Lot 15,
Richfleld Gardens.
C. Anew Section 8 titled Planned
Mixed Use (PMU) is added as follows,
and by now renumbering all following
sections accordingly.
P1enM That part ofsLot 16 a"RB hfleld
Gardens",which Iles southerly of a line
described as commencing at the
southeast corner of said Lot 16;
thence northerly, along the easterly
Ifne of said Lot 16, a distance of 219.69
feet to the point of beginning of the Ifne
to be described; thence westerly, de-
flecting to the left 90 degrees 00 min-
utes 00 seconds, to the west line of
said Lot 16 and said Ifne there termi-
nating; together w(th: Lot 3, Block 3,
Harry Tlckner's Subdivision of Lot 15,
Richfleld Gardens.
Section 3. This amendment consti-
tutes a rezoning of the south half of
8528 Penn Avenue.
Section 4. This ordinance is effective in
accordance with Section 3.09 of the
Richfleld City Charter.
Passed by the City Council of the City
of Richfleld, Minnesotathis 11th dayof
January, 2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, C Clerk
(Jan 20, 2011 D2 BIII# 2011-2