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08-27-1996CITY OF RIOFIFIELD PLnmm 00mmiss10n FIGMDR August 27, 1996 APPROVAL. F:.. MINUTES;:::`: > Planning Commission meeting on July 23, 1996, study session with the City Council August 5, 1996 and study session August 13,1996. PUBLIC. HEARING :> NEW BUSINESS` ITEM #1 CABA Tax Increment Financing Plan Modification ITEM #2 f 1' Telecommunication Towers and Antennas Ordinance LLD BUSINESS::...... ITEM #3 Cluster Home Ordinance LIAISON REPORTS.:......... School Board Community Services Advisory Commission HRA City Council ADJOURNMENT Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Service's Director at 861- 9702." PLANNING COMMISSION MINUTF Regular Meeting July 23,1996 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Timothy Erlander, David Gepner, Mitchell Hadley, Kevin Hansen, Kristal Stokes, and Paul Wasko MEMBERS ABSENT: Commissioners Pamela Dmytrenko and Dawn Postudensek COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: Julie Urban, Zoning Administrator John Hinzman, Planning Staff Assistant The Planning Commission meeting was called to order by Chairperson Linnihan at 7:05 p.m. APPROVAL OF MINUTES M/Erlander, S /Stokes to approve the minutes of the _special Planning Commission meeting of June 24. 1996. Motion carried: 7 -0 M/Erlander, S /Stokes to approve the minutes of the regular Planning Commission meeting of June 25, 1996. Motion carried: 7 -0 July 23, 1996 Page 2 PUBLIC HEARINGS CASE 96 -CUP -7 7108 Chicago Avenue ITEM 41 United Nursing & Health Care Conditional Use Permit to allow daycare for sick children Zoning Administrator Urban reviewed the staff report and recommended approval of the conditional use permit with the stipulations detailed in the staff report. Commissioner Stokes asked if United Nursing & Health Care had any previous experience in serving disabled children. Anthony and Anne Marie Ali, operators of the proposed facility, stated they have been providing in home services to the handicapped for five years. Chairperson Linnihan asked if any special licenses would be required in order to serve sick children, and what types of illnesses would be cared for at the facility. Ms. Ali responded that no special licenses are required and care would be given to children whose condition would not warrant hospital care. Commissioner Stokes asked who the facility would serve and how clients would be sought. Ms. Ali responded that clients would be referred through other day care operators, corporations, schools, and word of mouth. Commissioner Wasko asked how the number of children would be restricted to 12. Ms. Ali responded that it would be on a first come, first served basis. Chairperson Linnihan opened the floor to public discussion. M/Erlander, S /Stokes to close the public hearing. Motion carried; 7 -0 M/Erlander, S /Stokes to recommend approval of the conditional use permit with the stipulations as stated in the staff report. Motion carried: 7 -0 July 23, 1996 Page 3 CASE 96- CUP -8, 305 East 77th Street ITEM #2 Church of the Assumption conditional use permit to allow expansion of an existing cemetery Zoning Administrator Urban reviewed the staff report and recommended approval of the conditional use permit request with the stipulations detailed in the staff report. She also relayed additional engineering concerns about the irrevocable use of the land. Commissioner Stokes inquired about Minnesota Department of Transportation's MNDOT) jurisdiction over the proposed land use. Ms. Urban responded that MNDOT's jurisdictional powers are limited, but that the City attempts to maintain a "spirit of cooperation ". Chairperson Linnihan asked if monuments erected at the proposed site would be raised or at grade. Father Michael Tix representing Church of the Assumption stated that raised monuments have been used in the existing cemetery, and was uncertain which type of monument would be used in the proposed expansion area. Commissioner Gepner asked about the history of the church and cemetery. Father Tix explained that the current cemetery has operated since approximately 1850 and roughly one hundred burial plots are left. Father Tix also stated that the church performs fifty funerals a year and that the cemetery is used by other parishes as well. Commissioner Hadley inquired on the number of burial plots that would be added, and how long the proposed expansion would meet their needs. Father Tix responded that the number of plots has not been determined, and the proposed expansion should be adequate for at least three years. Commissioner Wasko asked if the church could comply with the landscape plan, to which Father Tix stated yes. Chairperson Linnihan opened the floor to public discussion. M/Erlander, S/Hadley to close the public hearing. Motion carried: 7 -0 M/Stokes, S/Erlander to recommend approval of the conditional use permit with the stipulations as stated in the staff report. and the additional stipulation that trees be planted along the eastern property boundary per an approved landscape plan. Motion carried: 7 -0 July 23, 1996 Page 4 ITEM #3 CASE 96- APUD -2 6625 Lyndale Avenue Richfield State Agency amended planned unit development plan to allow construction of a maintenance and vehicle storage building. Zoning Administrator Urban reviewed the staff report and recommended approval of the conditional use permit request with the stipulations detailed in the staff report. Commissioner Stokes asked if any parking spaces would be lost, to which Ms. Urban responded no. Chairperson Linnihan opened the floor to public discussion. M/Hadley, S/Hansen to close the public hearing+ u_ • • . , •_gala M/Stokes, S/Erlander to recommend approval of the amended planned unit development plan with the stipulations as stated in the staff report. Motion carried: 7 -0 ITEM #4 CASE 96 -RZ -3 7645 Nicollet Avenue City of Richfield Rezone from C -1 (neighborhood commercial) to MR -1 two- family residential). Zoning Administrator Urban reviewed the staff report and recommended approval of the rezoning request. Chairperson Linnihan asked how wide the lot was, to which Ms. Urban responded 83 feet. Commissioner Stokes asked if the existing curb cut on Nicollet Avenue would remain. Ms. Urban stated that the curb cut may have to be redesigned. Chairperson Linnihan opened the floor to public discussion. M/Wasko, S/Hadley to close the public hearing_ Motion carried: 7 -0 July 23, 1996 Page 5 M/Stokes, S/Erlander to recommend approval of -the rezoning from C-1 (neiOA-toba-" 1! 1!. " .. to .1l_ ,. • Ali _ • 1 NEW BUSINESS ITEM #5 Richfield Lake Area Planning Analysis Ms. Urban introduced Mr. Tom Martinson, consultant, who prepared an analysis of the Richfield Lake Area. Mr. Martinson summarized the findings and recommendations of the report. Commissioner Erlander asked if the updated comprehensive plan had been referenced in drafting the planning analysis, to which Mr. Martinson responded no, his analysis is a document to stimulate ideas. Chairperson Linnihan asked how storm water runoff from Highway 62 would affect the water quality of Richfield Lake. Mr. Martinson responded that according to his sources, water quality would improve. Commissioner Wasko asked if Richfield Lake is becoming a pond or a swamp and if a connection would be made between Richfield Lake and Wood Lake. Mr. Martinson responded that Richfield Lake is becoming a swamp, and that connections would be made between the two lakes. Chairperson Linnihan asked if access to the area via the 66th Street underpass of Interstate 35W would be improved in the plan. Mr. Martinson stated that a plan for the redevelopment of 66th Street was conducted in February of 1990 in conjunction with the New Ford Town redevelopment plans and included improved pedestrian and bicycle access in the area of Interstate 35W. Commissioner Stokes asked if the Richfield Lake plan would be presented to those working on the master park plan. Ms. Urban stated that the updated master park plan was in the preliminary stages of development and may be considered at a later date. July 23, 1996 Page 6 OLD BUSINESS ITEM #6 PC Letter No. 10 Consideration of an ordinance amendment to incorporate provisions for cluster home development Ms. Urban presented changes made to the ordinance amendment since the June 25, 1996 regular meeting. Commissioner Stokes stated that the ordinance changes addressed her concern that the ordinance not be too restrictive. Chairperson Linnihan stated that a copy of the revised changes be sent to townhome developers. LIAISON REPORTS Community Services Advisory Commission: Commissioner Stokes stated that she and Commissioner Erlander have volunteered to work on updating the master park plan and will ensure that it complies with the updated comprehensive plan. HRA: Ms. Urban stated that the HRA has approved the purchase of the APCO site on East 66th Street. City Council: Commissioner Erlander stated that the City Council approved the revision of the pull -tabs ordinance, cellular tower moratorium, and permit to lease water towers for cellular antennae use. School Board: Commissioner Dmytrenko was not present. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:15 p.m. Timothy Erlander Planning Commission Secretary PIANNENG COMMISSION MINUTF MAN EFIANWARIM Study Session with the City Council August 5, 1996 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Timothy Erlander, David Gepner, Mitchell Hadley, and Kristal Stokes MEMBERS ABSENT: Pamela Dmytrenko, Kevin Hansen, Dawn Postudensek, and Paul Wasko STAFF PRESENT: James Prosser, City Manager Bruce Palmborg, Community Development Director Bruce Nordquist, Housing Coordinator The Study Session commenced at 8:30 p.m. Discussion Regarding Potential Changes to the Zoning ITEM #1 Ordinance for Cluster Home Developments, and Telecommunication Towers and Antennas City Manager Prosser reviewed Study Session Letter No. 35 regarding the City Council's scheduled meeting with the Planning Commission to discuss potential changes to the zoning ordinance regarding cluster home developments and telecommunication towers and antennas. Chairperson Linnihan reviewed and discussed issues related to cluster home developments including definition, setbacks, flexibility, lot size, density, and neighborhood compatibility. He indicated the Planning Commission is working to establish a framework for cluster home development that has flexibility in providing the opportunities for this type of housing. Chairperson Linnihan reviewed and discussed the status of the Planning Commission's review of issues regarding telecommunication towers and antennas. City Manager Prosser reviewed and discussed the following issues which led to the City Council's moratorium on telecommunication towers and antennas: location safety impact on residential areas aesthetics /appearance revenue source August 5, 1996 Page 2 Steve Kenny, CB Communications, discussed and asked questions regarding issues related to telecommunication towers in the I-494 corridor, height restrictions, and in kind donations by telecommunications vendors. Discussion followed about issues related to co- location, amateur radio towers /satellite dishes, aesthetics, location, height, and industry input. Chairperson Linnihan presented the following estimated timetable for an ordinance amendment: Planning Commission Study Session on August 13, 1996 Draft ordinance language revised in August Planning Commission recommendation by the end of August City Council first and second readings in August and September Ordinance language effective in October ADJOURNMENT The meeting was completed by 9:15 p.m. Erlander Planning Commission Secretary PLANNING COMMISSION MINUTES Study Session August 13, 1996 MEMBERS PRESENT: Commissioners: Pamela Dmytrenko, Timothy Erlander, Mitchell Hadley, Paul Wasko, and Kevin Hansen MEMBERS ABSENT: Chairperson Daniel Linnihan; Commissioners: David Gepner, Dawn Postudensek, and Kristal Stokes STAFF PRESENT: Julie Urban, Zoning Administrator John Hinzman, Planning Staff Assistant The Planning Commission meeting was called to order by Acting Chairperson Erlander at 7:05 p.m. NEW BUSINESS ITEM #1 TRAFFIC CALMING Tom Foley, Transportation Engineer, presented information on how traffic calming devices could make residential neighborhoods more pedestrian and bicycle friendly. He explained some of the techniques that could be used and described the process being used in these neighborhoods. Acting Chairperson Erlander stated he believes providing both on -street parking for automobiles and bicycle paths would be difficult. Mr. Foley stated that traffic calming measures may allow flexibility to provide both. Ms. Urban asked how sites would be selected for calming measures. Mr. Foley stated they would be based on complaints and where problems are clearly evident. Commissioner Wasko asked if any other sites have been selected. Mr. Foley stated that the Penn and 66th Street neighborhood was being examined for possible study. Commissioner Dmytrenko inquired about the level of traffic on West 69th Street compared to West 70th Street. Mr. Foley stated that traffic levels on both streets are increasing, - August 13, 1996 Page 2 however 70th Street is designated as a residential street, while 69th street is designated as a collector. Commissioner Wasko asked if speed bumps can be implemented as calming devices. Mr. Foley stated that vertical alterations (speed bumps and speed humps) are more intrusive and interfere with snow removal equipment in the winter. He believes devices that alter lateral movement such as chokers and chicanes are more efficient. Larry Wozniczka, 6744 Wentworth Avenue, asked if there were any plans to expand major roadways and if homes would be taken in the process. Mr. Wozniczka cited the area of Interstates 494 and 35W as an example. Mr. Foley stated there wasn't a great chance of 494 improvements in the short term. ITEM #2 TELECOMMUNICATION TOWERS AND ANTENNAS Zoning Administrator Urban presented issues to be addressed in drafting a telecommunication towers and antenna ordinance. Ms. Urban then introduced a panel of industry representatives including, Ron Mielke and Peter Beck representing AT &T Wireless; and John Barstow and George Cohen representing American Portable Telecommunications. Commissioner Wasko asked if there would be a distance requirement between towers. Ms. Urban stated that it isn't really possible to define a predetermined distance and that it depends on a number of factors such as the technology, number of users, topography and other providers. Mr. Beck explained how cellular antennas operate and why additional sites would be needed. He stated that as the number of calling area "cells" become smaller, so will the height of antennas needed. Acting Chairperson Erlander asked how many towers would be needed. Mr. Beck responded it would depend on the number of providers and size of the calling area cell. Mr. Beck urged Planning Commissioners to adopt a flexible ordinance to avoid future complications due to unforeseen changes in demand. He stated communities such as the City of Bloomington have enacted ordinances that may inhibit meeting future demand. Commissioner Wasko asked if in kind services could be used in lieu of rental space on watertowers. Ms. Urban stated that a second group of city staff was looking at the issues related to leasing space on city facilities. Mr. Barstow explained the operations of Personal Communication Services (PCS). Acting Chairperson Erlander asked if he saw any conflicts with the direction the City was heading in developing an ordinance, and if he thought the City of Bloomington's ordinance was too restrictive. Mr. Barstow stated he thought the City's progress was similar to most other jurisdictions, 150 feet was reasonable maximum height, and that Bloomington's ordinance was August 13, 1996 Page 3 overly restrictive. He further stated that he supported co- location of antennas on towers, but urged the Planning Commission not to enact legislation that would require a provider to have a co- applicant at the time an initial permit was granted. Mr. Barstow stated it would be more expensive to design a tower for two users, especially if a co- locator hadn't been sought. Ms. Urban asked if it would be possible to add additional height to an existing tower, to which Mr. Barstow responded no. Commissioner Dmytrenko asked if competitors would seek to place towers in the same area, creating a "farm" of towers and if they would create a health risk. Mr. Beck stated that a higher density of towers would exist in transportation corridors, resulting in a lower number in residential areas. In response to health and safety, he stated that the signals transmitted via the antennas are FM waves, not microwaves. He further stated he can provide research showing no health risk in this type of antenna operation. Ms. Urban stated that cities cannot require antenna placement on municipal sites exclusively. W1 301 W The meeting was adjourned by unanimous consent at 9:05 p.m. Timothy Erlander Planning Commission Secretary Item: #1 Agenda Section: New Business PC Letter: #10 Date: August 27, 1996 GENERAL INFORMATION Subject: The Richfield Housing and Redevelopment Authority (HRA) requests that the Planning Commission consider a resolution finding that a proposed modification to the Cedar Avenue Business Area (CABA) Tax Increment Financing Plan is consistent with the Comprehensive Plan Type of Request: Consideration that the CABA Tax Increment Financing Plan complies with the Comprehensive Plan, and approval of a resolution finding the same. References: Chapter 462 of Minnesota State Statute requires the Planning Commission to review redevelopment plans for consistency with the Comprehensive Plan. Attachment A -- Modification No. 3 to the Tax Increment Financing Plan for the CABA Tax Increment Financing District BACKGROUND Purpose: Approval of the attached resolution would allow, subject to Council approval, modification of a redevelopment plan and project area. The redevelopment plan would facilitate redevelopment of the 7200 block of Cedar Avenue. Public Notice: Not required for a finding of this type. City Council: A public hearing is scheduled for September 23, 1996. ANALYSIS Proposal: The Housing and Redevelopment Authority (HRA) is proposing to modify the CABA tax increment financing plan. The modification would allow for the potential purchase of properties in the 7200 block of Cedar Avenue with CABA funds. The properties would be purchased for future office or other commercial development. RECOMMENDATION Recommended Action: Preferred: Adopt the attached resolution which makes a finding that the CABA Tax Increment Financing Plan is consistent with the Comprehensive Plan. aSis• 1. The Planning Commission is required to review the Plan Modification to determine consistency with the Comprehensive Plan. 2. The Comprehensive Plan designates the identified sites in the 7200 block of Cedar Avenue as Mixed Land Use, District A. This designation permits wholesale, light industrial, offices and some related retail uses. 3. Legal Counsel has reviewed.the related documents and found them to be in compliance with existing laws. Alternative: Find that the Plan is not consistent with the Comprehensive Plan; however, this finding would appear to require amending the Comprehensive Plan. ATTACHMENT A Housing and Redevelopment Authority of the City of Richfield, Minnesota Modification No. 3 to the Tax Increment Financing Plan for the CABA Tax Increment Financing District August 19, 1996 Introduction The following text represents a modification to the Tax Increment Financing Plan for the CABA Tax Increment District. The modified Tax Increment Financing Plan represents a continuation of the goals and objectives set forth in the original Redevelopment Plan and Tax Increment Financing Plan. Generally, the substantive changes include the authority to spend tax increments generated from the CABA Tax Increment Financing District for land acquisition in the Richfield Redevelopment Project Area. For further information, a review of the Redevelopment Plan for Richfield Redevelopment Project Area dated June 14, 1993 and the Redevelopment Plan for the CABA Redevelopment Project Area and Tax Increment Financing Plan for the CABA Tax Increment Financing District dated January 19, 1988 and modified on October 15, 1990 is recommended. A. Statutory Authority See also the Statutory Authority found in Section C of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. B. Statement of Obiectives See also the Statement of Goals and Objectives found in Section D of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. F. Parcels in Acquisition Properties identified for acquisition by the HRA are modified to include the following parcels: 7200 Cedar Ave. S.) 7214 Cedar Ave. S.) 7226 Cedar Ave. S.) 7244 Cedar Ave. S.) G. Estimate of Costs 35- 028 -24 -14 -0075 35- 028 -24 -14 -0076 35- 028 -24 -14 -0077 35- 028 -24 -14 -0074 The estimate of public costs associated with the tax increment district are amended to include the following costs: Acquisition $1,245,870 Architecture, Engineering and Relocation 249,174 Administrative 149.504 TOTAL $1,644,548 The HRA may incur obligations such as revenue notes, purchase agreements, or inter -fund loans. However, G.O. Bonds are not expected to be issued. Any interest on such obligations are hereby added to the above listed estimate of costs. H. Estimated Amount of Obligated Funds An estimate of the amount of the obligated funds based on the proposed development is $1,500,000 plus any interest costs. M. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the construction would not have occurred without the assistance of the HRA and City, the following estimated impact of the Tax Increment Financing District would be as follows if the "but for" test was not met: Obligations currently exist for the CABA Project. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed in the above and following fiscal implications is the annual average remainder of the captured tax capacity currently being devoted to existing obligations subtracted from total captured tax capacity. 1995/96 Estimated Captured Percent of CTC Tax Capacity Tax Capacity (CTC) to Entity Total Hennepin County 1,006,485,910 21,976 0.002% I.S.D. No. 280 22,075,804 21,976 0.100% Interm.S.D. No. 287 672,580,484 21,976 0.003% City of Richfield 21,056,158 21,976 0.104% Obligations currently exist for the CABA Project. Therefore, a portion of the captured tax capacity for the tax increment district and projects is being utilized for existing obligations. The captured tax capacity listed in the above and following fiscal implications is the annual average remainder of the captured tax capacity currently being devoted to existing obligations subtracted from total captured tax capacity. In addition, the impacts on School Districts Nos. 280 and 287 do not include the effect of state aids for education upon school district funding. 1995/96 Tax Percentage Extension Rates of Total CTC Taxes Hennepin County 37.270 26.31% 21,976 8,190 I.S.D. No. 280 69.076 48.77% 21,976 15,180 Interm.S.D. No. 287 0.000 0.00% 21,976 0 City of Richfield 26.336 18.59% 21,976 5,788 Metro. Spec. 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U) (j) 0 j 0) U) U) QIQQQ Qu OO z z z z Z zuiLUui EH3MEE!FmTlriFml9 P=qrmrllcm7m P=11=1=11 Bonn IZE I= too E"_ LLI L) LU LLJ L) nf 51 Wo cc z LU EE31=7 Fn _>j 4 all LU Lit J cc 0 Ell 11 w 1—Z LU U. ca CL LLI5 he he 0S cl) a. Z 1 =EM UJI H, m LL LU m mm j-_0 LU ui z (L U) 13 z cc U) z ui LU LU x Ll _ZZ:31E U) LULLJm LL uj ui Minn L) i. Item: #2 Agenda Section: New Business PC Letter: #11 Date; August 27, 1996 GENERAL INFORMATION Subject: Consideration of an ordinance amendment on telecommunication towers and antennas. References: See attachments. ANALYSIS Background: Over the past several months, the City has received requests to locate telecommunication towers and antennas in various locations in the City as well as on City facilities. The City's current ordinance does not enable City staff to adequately respond to these requests. On June 24, 1996 the City Council passed a moratorium on the siting of towers and antennas and directed staff to study the issues. The communications industry has experienced significant growth, changes in technology, and deregulation over the past several years. The increased demand for wireless telephone services is a part of this growth and change. The positive result of the growth and change will be additional and improved communication services to City residents and businesses. However, towers and antennas will need to be located in the City to provide this improved service. The goal of the City's ordinance should be to facilitate improved communication services while minimizing the potential negative impact of the communication infrastructure. Until last year, the demand for wireless telephone service was provided through cellular communications technology. In 1995, the Federal Communications Commission (FCC) auctioned off two additional licenses to companies offering a new type of wireless technology known as Personal Communication Service PCS). Additional licenses of PCS technology will likely be sold in the future. Each company will need its own antenna and tower infrastructure to provide service. It is unknown how many companies will ultimately be providing services in the Twin Cities. The Federal Telecommunications Act of 1996 places limits over a municipality's ability to regulate telecommunication towers and antennas. Cities are bound by the following limitations: cities may not "unreasonably" discriminate among providers; cities may not restrict wireless communications on the basis of environmental effects; and the use of zoning power to restrict antennas must be reasonable and not have the effect of either prohibiting service or unreasonably enhancing the market value" of City facilities. Cities do have the ability to establish reasonable standards and regulations for towers and antennas to protect the public health, safety and welfare. Issues: Existing Regulations: The zoning ordinance considers antennas owned by telecommunication companies to be accessory uses in the MR -3, C -2, and I districts. The antenna must be located on the roof top, cannot contain advertising, and is a conditional use if it's over 10 feet. Amateur radio towers are limited to a height of 70 feet and must be located in the rear yard. Satellite dishes are treated like accessory buildings unless they're on a roof top. They must be in the rear yard or on a roof top. Towers owned and operated by telecommunications companies are not conceived of or addressed by the ordinance. Purpose of Proposed Ordinance: Provisions to protect the health, safety and welfare of the community while providing for a well designed and efficient communications system. Minimize adverse visual effects, avoid potential damage to adjacent properties, maximize the use of existing towers and buildings. Location for Towers and Antennas: Antennas permitted as accessory uses in the MR -3, C -1, C -2, C -3, and I districts if no higher than 10 feet; conditional use if over 10 feet. Antennas permitted as accessory uses with approval from the Community Development Director in a PUD; amend PUD plan if over 10 feet. Antennas permitted as accessory uses in the R district if church (if camouflaged), park, government, school, utility or institutional site; conditional use if over 10 feet. Towers as conditional uses in C -2, C -3 and I districts Towers as conditional uses in the R district if church (if camouflaged), park, government, school, utility or institutional site Performance Standards for Towers: Setbacks in the C -2, C -3 and I districts the same as setbacks for an accessory structure (front =35', rear =8', interior side =3', streetside =25'). Setbacks in the R district same as setbacks for a principal structure (40', 10', 10', 30'). Additional setback from residential use of 1.5 times the height of the tower. The Council may reduce the setback to allow integration into an existing structure such as a church steeple. Allowed only in the rear yard Maximum height of 150' No signage No lighting unless required by FAA or if the tower is designed to be a light fixture. Neutral color (except when required by the FAA) Monopole design unless exception given by the Council Co- location New towers over 75 feet must be designed to accommodate one additional user (unless height restriction by FAA). Applications for new towers must show why service can't be provided on an existing building or tower within a one mile radius of the proposed location. The Council must find one or more of the following reasons for the company not using an existing structure: unwillingness of structure /tower owner, would exceed structural capacity of existing structure, frequency interference, performance or system capacity would be affected. Performance Standards for Antennas: Height up to 10 feet is accessory, over 10 feet is conditional use No signage Screening to the extent practicable If more than one antennas, clustered in a single location where possible No artificial lighting unless required by the FAA Accessory Buildings/Equipment: Same rules apply as they would to any other accessory building Additional size allowed for a telecommunications accessory building in the R district, up to 350 square feet Architecturally designed to blend in with the surrounding environment. Ground mounted equipment must be screened with vegetation or other approved means of screening Abandonment Provision: An abandoned tower may be declared a nuisance and removed by the City after use has been discontinued for 12 months Health Standards: Must comply with federal health standards; if those change, must comply with new standards Interference: Can't interfere with public safety communications, the Director of Public Safety may request an evaluation indicating that won't occur Emergency Alert System: Require communications providers to participate in digital Emergency Alert System unless proven to be technically unfeasible or prohibited by the FCC Structural Issues: All towers and antennas must obtain a permit from the building official Must conform to the building code, electrical code Towers must be certified by a licensed engineer that the tower complies Must be inspected every five years, results submitted to the Building Official. Amateur Radio Towers /Accessory Antennas:, Minor changes to the existing ordinance Permitted in rear yards May be in the side yard if affixed to the building and four feet from the property line Comply with antenna performance standards, e.g. no lighting, signage Maximum height of 70 feet Need a permit if over 10 feet RECOMMENDATION Recommended Action: Preferred: Discuss and review the attached ordinance amendment, suggest any changes, and make a recommendation to the City Council. gaSiS: 1. Changes and growth in the telecommunications industry have led to increased demand for communication towers and antennas, and standards are needed to guide the location of these towers and antennas. 2. The City's current City Code and Zoning Ordinance do not allow for an adequate response to requests to locate towers and antennas in the City. 3. Ordinances from other cities have been reviewed and information has been solicited from industry representatives in the development of the proposed ordinance. 4. The moratorium on the development of towers and antennas will end on October 1, 1996. It would be appropriate to have regulations in place before the end of the moratorium. Planning Commission action on August 27 will allow for City Council first and second readings in the month of September. Alternative: Recommend an extension of the moratorium to allow further study of the issue. Richfield City Code 426.01 Section 426 - Public Commercial Wireless Telecommunication Services Antennas and Towers 426.01. Purpose. Subdivision 1. The purpose of this ordinance is to provide for the safe installation and usage of public commercial wireless telecommunication services (CWTS) towers and antennas. The provisions of this section are intended to protect the health, safety and general welfare of the community, while providing for well designed and efficient telecommunications systems. The provisions are intended to minimize the adverse visual effects of towers through careful design and siting standards, to avoid potential damage to adjacent properties from tower failure through structural standards and setback Mguirements, and to maximize the use of existing towers and buildings to accommodate antennas and reduce the number of towers needed to serve the community, 426.03. Definitions. Subdivision 1. For the purposes of this section and the zoning code of thee-city. the terms defined in this subsection have the meanings given them. Subd. 2. "Commercial Wireless Telecommunication Services" means any licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. Subd. 3. "CWTS Antenna" means any structure or device which transmits and receives electromagnetic waves, including but not limited to directional antennas such as panels, microwave dishes, satellite dishes, and Omni- directional antennas. Subd. 4. "CWTS Tower" means any pole, spire, structure, or combination thereof, including_ supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of provide CWTS to the public. 426.05. Location. Subdivision 1. The requirements in this subsection apply to CWTS towers and antennas erected, constructed, placed, re- erected or replaced in the City. Yard. Subd. 2 A CWTS tower or antenna or combination thereof may not be located in any front yard or side Subd. 3. CWTS towers shall be allowed in the following zoning districts with a conditional use permit: a) C -2, C -3, and I districts; b) R district on church (when camouflaged as steeples or bell towers or other suitable features), park, government, school, utility and institutional sites; and c) Planned unit development districts as approved in the final development plan. Subd. 4. CWTS antennas shall be allowed as an accessory use in the following zoning districts: a) C -1, C -2, C -3 and I districts; b) R district on church (when camouflaged as steeples or bell towers or other suitable features), park, government, school, utility and institutional sites, and c) Planned unit development districts with administrative approval by the Community Development Director. 426.07. CWTS Tower Performance Standards. Subdivision 1. These performance standards apply to any CWTS tower that is erected, constructed, placed, re- erected or replaced in any zoning district in the city. Subd. 2. Minimum setback requirements: a) Towers in the C -2, C -3 and I districts shall meet the setback requirements for an accessory structure for the underlying district. b) Towers in the R district shall meet the setback requirements for a Principal structure for the underlying district. C) In addition to the setback requirements in Section 426.07, Subd. 2 (a) and (b), towers in all zoning districts shall have a setback from residential uses a distance equal to 1.5 times the height of the tower. c) The City Council, at its discretion, may reduce the required setback to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard. power line support device, or similar structure. Subd. 3. Height. The maximum height of a tower, including all antennas and other attachments, shall not exceed 150 feet. Subd. 4. Signage. No si ng_age is permitted on a tower except applicable warning and equipment information signage required by the manufacture or by federal, state or local authorities. Subd. 5. Lighting. Towers and related antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the towers, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. Subd. 6. Design Requirements. Proposed or modified towers shall meet the following design requirements: a) Towers shall be painted a neutral color and designed to minimize visibility and blend into the surrounding environment except in cases where color is dictated by the Federal Aviation Administration or other federal or state authority. b) Towers shall be of a monopole design unless the City Council, at its discretion, approves an alternative design. Subd. 7. Co- location. All towers shall comply with the following requirements: a) If a tower exceeds 75 feet in height, the tower shall be designed to structurally accommodate the owner's antennas and at least one additional user unless the additional height required for an additional user is prohibited by the Federal Aviation Administration. The conditional use permit application should include 'a letter of intent committing the tower owner and his or her successors to allow for the shared use of the tower, b) Shared use of existing towers or structures shall be preferred to the construction of a new tower. A proposal for a new telecommunications tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing tower or structure due to one or more of the following reasons: i) the unwillingness of the owner of the existing structure or tower to co- locate an additional antenna; ii) the planned antenna would exceed the structural capacity of existing and approved towers and facilities; N iii) the planned antenna would cause radio frequency interference with other existing or planned equipment, which cannot reasonably be prevented: iv) other reasons affecting technical performance, system coverage, and system capacity make it impractical to place the equipment proposed on existing structures or towers: and /or v) other unforeseen reasons that make it unfeasible to locate the planned equipment on an existing or approved tower or building_ 426.09. CWTS Antenna Performance Standards. Subdivision 1. These performance standards apply all CWTS antennas that are erected, constructed, placed, re- erected or replaced in any zoning district in the city. Subd. 2. Height. The maximum height of an antenna is 10 feet without a conditional use permit. Subd. 3. Signave. No advertising message shall be on the antenna structure. Subd. 4. Screening. Such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Subd. 5. Number. If more than one such structure is proposed on a property, they shall be clustered in a single grouped location where possible. Subd. 6. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 426.11. Accessory Buildings and Equipment. All buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements in Section 426.07, subd. 2. Ground mounted equipment shall be screened from view by vegetation . or other means of screening as approved by the Community Development Director. 426.13. Abandonment. All obsolete or unused towers and related antennas and equipment shall be removed within twelve months of the cessation of operations. The owner shall provide the City with a copy of the notice of the Federal Communication Commission's intent to cease operations and shall be given twelve months from the date of ceasing operations to remove the tower and related equipment unless a time extension is approved by the City Council. If a time extension is not approved and the tower is not removed within twelve months, the tower may be deemed a nuisance pursuant to Section 925 of the City Code. In the event a tower is determined to be a nuisance, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. 426.15. Interference. All new or existing telecommunications service shall comply with all relevant Federal Communication Commission standards and shall not interfere with public safety telecommunications. At the discretion of the Director of Public Safety, the owner of a telecommunications service may be required to submit an inter - modulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. 426.17. Health- Related Standards. Antennas placed upon a tower shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the City Council. 426.19. Emergency Alert System. All new or existing telecommunications service providers shall ccordinate with the Director of Public Safety to participate in the digital Emergency Alert System unless evidence is provided that such participation is technologically unfeasible or prohibited by the Federal Communication Commission 3 426.21. Permits. Subdivision 1. Required. Except as provided in subdivision 3, no person may erect, construct, place, re- erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re- erection, reconstruction or replacement will not create a safety hazard or damage to the property of other persons. In addition, the applicant shall submit a copy of the lease agreement between the applicant and the property owner. Subd. 3. Certification. Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and the Electronics Industry Association. Subd. 4. Exceptions. Permits are not required for the adjustment, repair or replacement of elements of the antenna, provided such adjustment repair or replacement does not reduce the safety factor. 426.23. Construction. Subdivision 1. Wind. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Towers shall be constructed of or treated with corrosive resistant material. Subd. 3. Grounding. Antennas and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the national electrical code. Subd. 4. Climbing. A tower affixed to the ground shall be protected to discourage climbing of tower by unauthorized persons. Subd. 5. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, except during time of repair or installation, any platform, catwalk, crow's nest or like structure, except during periods of construction or repair. Subd. 6. All towers must be inspected once every five years by a qualified and licensed professional engineer to certify compliance with original construction standards. Results of the inspection must be submitted to the building official. 426.25. Non - conforming installations. Subdivision 1. General rule. Antenna and towers in existence on November 1, 1996 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be. replaced or structurally altered except as provided in subdivision 2 without complying with this section. Subd. 2. Replacement. If a non - conforming tower or antenna is damaged or destroyed the tower or antenna may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with these regulations, provided, however, that the cost or repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality_ 426.27. Variances. The council may grant variances to the literal provisions of Sections 426.05, subd. 2, 426.07, and 426.09 in the same manner and subject to the same requirements that apply to variances rganted under section 546 of the zoning code. Richfield City Code (Zoning) R District SECTION 521 - ZONING: RESIDENTIAL DISTRICTS 521.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the R District. Subd. 2. Private garages which do not exceed 1,000 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 3. Greenhouses which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot, and further provided that no sale of products is conducted on the lot. Subd. 4. Storage buildings which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet. in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 5. Utility buildings and structures accessory to telecommunications towers which do not exceed 350 square feet in gross floor area and which comply with the setback requirements for a principal structure in the R district. Subd. 56. Gazebos which do not exceed 175 square feet in gross floor area, and which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. 67. Carports which do not exceed an aggregate of 1,200 square feet in gross floor area when combined with all other accessory buildings and attached garages on the lot. Subd. -78. Private swimming pools as defined in Section 420 of the City Code, provided that such swimming pools and related equipment be located (i) at least ten feet from any rear lot line, (ii) at least ten feet from any interior side lot line, (iii) at least 15 feet from any streetside side lot line, and (iv) at least six feet from the principal building and any non -pool related accessory structure. Subd. 89. Licensed day care facilities serving 12 or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving 14 or fewer persons, or as otherwise permitted by law. Subd. 910. Licensed foster family homes serving six or fewer children, or as otherwise permitted by law. Subd. 101. Private driveways, parking areas, and sidewalks for residential uses, provided the following conditions are met: 0 Richfield City Code (Zoning) R District f) driveways, parking areas, and sidewalks legally existing on or before December 31, 1993, may continue to exist and to be repaired and maintained, except that upon full replacement, such driveway, parking area, or sidewalk shall comply with this subdivision; and g) any expansion or installation of a driveway, parking area, or sidewalk on a lot shall be subject to a City permit. Subd. 142. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises (not including those antennas and towers owned and operated by a telecommunications company) provided that they conform to Section 425 of the City Code and that . b) fie adverti i shall be aft the anteftna stFuetur-e-; d} stieh Feef m nted struetures A tH they do not extend higher than ten feet above the highest point of the roof, except as provided for in Section 521.07, Subd. 8 of this code. Subd. 13. Commercial Wireless Telecommunication Service (CWTS) antennas and related features, the use of which is not incidental to the principal use, provided that they meet the following requirements: a) they conform to Section 426 of the City Code: b) they are located in the following residentially zoned locations: church (when camouflaged as steeples, bell towers or other suitable features), park, government, school, utility and institutional sites: c) they are located on the rooftop or near the roof -line: and d) they do not extend higher than ten feet above the highest point of the roof, except as provided for in Section 521.07, Subd. 9 of this code. Subd. 124. The accommodation of one roomer in addition to the family, provided that: (i) the roomer plus the family shall not exceed a total of five persons; (ii) such arrangement does not constitute an accessory apartment; and (iii) adequate off - street parking is available (see definition of family). 1 MNOW d} stieh Feef m nted struetures A tH they do not extend higher than ten feet above the highest point of the roof, except as provided for in Section 521.07, Subd. 8 of this code. Subd. 13. Commercial Wireless Telecommunication Service (CWTS) antennas and related features, the use of which is not incidental to the principal use, provided that they meet the following requirements: a) they conform to Section 426 of the City Code: b) they are located in the following residentially zoned locations: church (when camouflaged as steeples, bell towers or other suitable features), park, government, school, utility and institutional sites: c) they are located on the rooftop or near the roof -line: and d) they do not extend higher than ten feet above the highest point of the roof, except as provided for in Section 521.07, Subd. 9 of this code. Subd. 124. The accommodation of one roomer in addition to the family, provided that: (i) the roomer plus the family shall not exceed a total of five persons; (ii) such arrangement does not constitute an accessory apartment; and (iii) adequate off - street parking is available (see definition of family). 1 Richfield City Code (Zoning) R District Subd. 135. Home occupations which are operated in accordance with Section 511.21 of this code. Subd. 146. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 157. Gardening, provided no sale of products is conducted on the lot. Subd. 168. Parking for non - residential principal uses (e.g., schools or churches), as authorized by a Council approved off - street parking permit. Subd. 1 -79. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 521.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the R District shall be subject to the same zoning regulations as single family dwellings in the R District. Subd. 3. -Accessory day care facilities serving more than 12 persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than 14 persons, or as otherwise permitted by law, provided such facilities are located in non- residential buildings (e.g., schools or churches) and the following conditions are met: a) parking lot setback and screening shall comply with the Richfield Landscape Requirements, on file with the Office of Community Development; b) designated pick -up and drop -off areas shall be located on the site; and c) outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. Subd. 4. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 5. Private non - commercial recreational facilities as a principal use. Subd. 6. Two family dwellings, provided the following conditions are met: a) the lot shall abut an arterial or collector street; b) the lot area, width, and depth shall comply with Section 521.09, Subd. 2 of this code; 1 Richfield City Code (Zoning) R District c) two off- street parking spaces, one of which must be enclosed in a garage, shall be provided for each dwelling unit; d) driveway access to the property from public streets shall be allowed in accordance with Section 521.05, Subd. 10, paragraph e), item (iv); e) for new construction each dwelling unit shall contain at least 750 square feet of interior floor space, and for conversion of a single family dwelling to a two family dwelling each unit shall contain at least 500 square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and f) the structure shall meet all setback requirements for two - family dwellings as indicated under Section 52 1.11, except that a single family dwelling which does not meet the required two family interior side setback may be converted into a two - family dwelling if the dwelling is not expanded or if the expansion meets all applicable two family dwelling requirements. Subd. 7. Bed and breakfast inns, provided the following conditions are met: a) no more than two rental rooms shall be provided; b) at least two off- street parking spaces (may include garage stalls) shall be provided for the residence, and at least one off- street parking space shall be provided on the lot for each rental room; c) the use shall be contained within a single family detached dwelling; d) outdoor parking areas shall be screened with landscape materials; and e) the operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective. Subd. 8. Accessory roof - mounted antennas which extend higher than ten feet above the highest point of the roof (not including those antennas that are owned and operated by a telecommunications company), provided that they conform to Section 425 of the City Code. Subd. 9. CWTS antennas and related features which extend higher than 10 feet above the highest point of the roof, provided that they conform to the requirements of Section 426 of the City Code. Subd. 10 CWTS towers and related features, provided that they conform to Section 426 of the City Code and that they are located in the following residentially zoned locations: church (when camouflaged as steeples, bell towers or other suitable features), park, government, school, utility and institutional sites. 91 521.79. High Density Multi - Family Residential District (MR -3). Subdivision 1. Subsections 521.79 to 521.95 apply to the MR -3 District. 521.83. Accessory uses. Subdivision 1. The uses permitted in this subsection are allowable accessory uses in the MR -3 District. Subd. 2. Parking, as• authorized by a Council approved off- street parking permit. Subd. 3. Garages for any residential structure, provided they are located in a common building or space approved by the City under a uniform plan. Subd. 4. Swimming pools subject to Section 420 of the. City Code, tennis courts, and similar recreational facilities. Subd. 5. Storage buildings designed for common use by residents or members of the homeowners association or similar organization, or for use by the maintenance staff for storage or as a workshop associated with normal upkeep of the property. Subd. 6. One leasing, sales, or management office per development, provided it is used solely for leasing, sales, or management of units within the development, does not exceed 2,000 square feet of floor area, and is an integral part of the development. Subd. 7. Licensed family day care homes serving three or fewer persons, or group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving six or fewer persons, or as otherwise permitted by law. Subd. 8. Licensed foster family homes serving three or fewer children, or as otherwise permitted by law. Subd. 9. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and that they do not extend higher than ten feet above the highest point of the roof, except as provided for in Section 521.85, Subd. 76 of this code. 10 BMMAMNIYY'Y,,' lllYllY 7' IIMRIMr that they do not extend higher than ten feet above the highest point of the roof, except as provided for in Section 521.85, Subd. 76 of this code. 10 Subd. 10. Commercial Wireless Telecommunication Services (CWTS) - Aantennas and related features that afe owned and epefated by a feleeemmunieations eampany, the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof -line, screened from public view to the extent possible, , and do not extend higher than ten feet above the highest point of the roof except as provided for in Section 521.85, Subd. 7 of this code. Subd. 11. Home occupations which are operated in accordance with Section 511.21 of this code. Subd. 12. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 13. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 521.85. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR -3 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Multi- family dwellings with more than 20 units. Subd. 3. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR -3 District shall be subject to the same zoning regulations as two family dwellings in the MR -3 District. Subd. 4. Accessory day care facilities serving more than three persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities are located in common areas of multi - family buildings and the following conditions are met: a) designated pick -up and drop -off areas shall be located on the site; and b) outdoor play areas shall be set back at least 15 feet from all lot lines and buffering shall be provided to mitigate noise and adverse visual impacts on neighboring properties. Subd. 5. Accessory foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 6. Accessory Rroof- mounted antennas which extend higher than ten feet above the highest point of the roof provided that they conform to Section 425 of the City Code. Subd. 7. CWTS antennas and related features which extend higher than 10 feet above the highest point of the roof, provided that they conform to the requirements of Section 426 of the, City Code. Subd. -78. Major public utilities. Subd. 82. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 1- SECTION 526 - ZONING: COMMERCIAL DISTRICTS 526.01. Neighborhood Business District (C -1). Subdivision 1. Subsections 526.01 to 526.19 apply to the C -1 District. 526.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the C -1 District. Subd. 2. One accessory building which is 750 square feet or less in gross floor area. Subd. 3. Parking, as authorized by a Council approved off - street parking permit. Subd. 4. Assembly or warehouse operations incidental to a permitted or conditional use, provided such use occupies no more than 30 percent of the gross floor area of the principal building. Subd. 5. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building unless provided for under Section 526.07, Subd. 6. Subd. 6. Accessory &satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and . 7:7fi17.T.S.. i i.i: : v G• rinv: i i.:n[ %e n.• n uw r .. s.. i w i i. i r: tea• i•.i•.: that they do not extend higher than ten feet above the highest point of the roof, except as provided for in Section 526.07, Subd. 9 of this code. Subd. 7. Commercial Wireless Telecommunication Services (CWTS) antennas and related features. the use of which is not incidental to the principal use; provided that they conform to Section 426 of the City Code, are located on the rooftop or near th e roof-line—screened from public view to the extent possible, and do not extend higher t- than ten feet above the highest point of the roof except as provided for in Section 526.07, Subd. 10 of this code. Subd. ". Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 89. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 526.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C -1 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Neighborhood shopping centers or similar multi- tenant developments with over 6,000 square feet of gross floor area, provided the following conditions are met: a) the lot shall abut an arterial or collector street; and b) the Council shall find that the center or development and its proposed uses are designed specifically to serve the residents of the neighborhood area. Subd. 3. Neighborhood retail, service, and office establishments (excluding those listed in Section 526.09) with over 2,500 square feet of gross floor area, provided the Council finds that the use is designed specifically to serve the residents of the neighborhood area. Subd. 4. Class II (traditional /cafeteria) restaurants and Class IV (take out only) restaurants, provided the following conditions are met: a) the gross floor area of the restaurant shall not exceed 2,000 square feet; b) drive -up window service and exterior loudspeakers shall not be permitted; c) alcoholic beverages shall not be served; and d) no more than two such restaurant uses shall be provided within a neighborhood shopping center or similar multi- tenant development. Subd. 5. Automobile detailing establishments licensed under Section 1195 of the City Code. Subd. 6. Apartments within commercial buildings which exceed 50 percent of the gross floor area. Subd. 7. Licensed day care facilities, provided the following conditions are met: a) pick -up and drop -off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements; rk b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on any abutting residential parcels; and c) such facilities shall obtain all applicable state, county, and city licenses. Subd. 8. Multi - family dwellings that comply with the MR -2 District provisions and requirements, as set out in Section 521.59 of this code. Subd. 9. Accessory Rroof- mounted antennas which extend higher than ten feet above the highest point of the roof, provided that they conform to Section 425 of the City Code. Subd. 10. CWTS antennas and related features, provided that they conform to Section 426 of the City Code. Subd. 101. Major public utilities. 16 Richfield City Code (Zoning) C -2 District 526.27, Subd. 16 526.21. General Commercial District (C -2). Subdivision 1. Subsections 526.21 to 526.37 apply to the C -2 District. 526.25. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the C -2 District. Subd. 2. Parking, as authorized by a Council approved off - street parking permit. Subd. 3. Assembly, light manufacturing, or warehouse operations incidental to a permitted or conditional use, provided such use occupies not more than 50 percent of the gross floor area of the principal building or not more than 2,000 square feet, whichever is greater. Subd. 4. Apartments within commercial buildings, provided such use occupies not more than 50 percent of the gross floor area of the principal building unless provided for under Section 526.27, Subd. 24. Subd. 5. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the lot, provided that they conform to Section 425 of the City Code and that they do b) fie adyeFfi i shall be on the antema struetuFe; not extend higher than ten feet above the highest point of the roof, except as provided for in Section 526.27, Subd. 26 of this code. Subd. 6. Commercial Wireless Telecommunication Services (CWTS) - r_antennas and related features , the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof -line, screened from public view to the extent possible, , and do not extend higher than ten feet above the highest point of the roof except as provided for in Section 526.27, Subd. 267 of this code. Subd. 7. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 8. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 1b Re, not extend higher than ten feet above the highest point of the roof, except as provided for in Section 526.27, Subd. 26 of this code. Subd. 6. Commercial Wireless Telecommunication Services (CWTS) - r_antennas and related features , the use of which is not incidental to the principal use; provided that they conform to Section 4236 of the City Code, are located on the rooftop or near the roof -line, screened from public view to the extent possible, , and do not extend higher than ten feet above the highest point of the roof except as provided for in Section 526.27, Subd. 267 of this code. Subd. 7. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 8. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 1b Richfield City Code (Zoning) C -2 District 526.27, Subd. 16 526.27. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C -2 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Shopping centers or similar multi- tenant developments with over 100,000 square feet of gross floor area. Subd. 3. Retail, service, and office uses with over 50,000 square feet of gross floor area, unless located within a shopping center or other multi -tenant development. Subd. 4. Funeral homes, provided the lot abuts an arterial or collector street. Subd. 5. Theaters, provided the following conditions are met: a) for theaters located within shopping centers or otherwise utilizing a shared parking arrangement, the applicant shall submit an analysis of parking demand versus availability for review and approval by staff (additional parking may be required based on this review); and b) free standing theaters shall only be permitted when it can be demonstrated that vehicular ingress and egress may be accomplished without creating undue traffic congestion on area roadways. Subd. 6. Uses which provide drive -up window or teller service, (excluding Class III restaurants) provided the following conditions are met: a) a buffer yard of not less than 20 feet in width shall be provided to separate drive -up facilities and related queuing areas from any lot line -- if the drive - up facility or queuing area abuts a commercial use or public right -of -way, the Council may reduce the buffer yard to not less than 10 feet; b) queuing space for at least four cars (70 feet) shall be provided per drive -up service lane, as measured from but not including the first drive -up service window or teller station -- such queuing space shall not interfere with parking spaces or traffic circulation; c) alcoholic beverages shall not be served; and d) exterior speakers shall comply with the noise control limits set by Section 930 of the City Code. Subd. 7. Class I (full service) restaurants and Class II (traditional /cafeteria) restaurants, provided the following conditions are met: a) a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from abutting residential parcels -- the Council may reduce this requirement to not less than 15 feet if significant additional landscaping and berming are provided to screen the restaurant use; and 11 Richfield City Code (Zoning) C -2 District 526.27, Subd. 16 b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential property; and c) such facilities shall obtain all applicable state, county, and city licenses. Subd. 26. Accessory Rroof- mounted antennas which extend higher than ten feet above the highest point of the roof, provided that they conform to Section 425 of the City Code. Subd. 27. CWTS antennas and related features which extend higher than ten feet above the highest point of the roof, provided that they conform to Section 426 of the City Code. Subd. 28. _ CWTS towers and related features, provided that they conform to Section 426 of the City Code. Subd. 279. Major public utilities. Subd. 2830. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 2 Richfield City Code (Zoning) Industrial District 531.13, Subd. 6 SECTION 531 - ZONING: INDUSTRIAL DISTRICT 531.05. Accessory uses. Subdivision 1. The uses listed in this subsection are allowable accessory uses in the I District. Subd. 2. Parking, as authorized by a Council approved off - street parking permit. Subd. 3. Living quarters for security personnel, provided they are located within the principal structure. Subd. 4. Satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code and . that they do not extend higher than ten feet above the highest point of the roof, use- permit. except as provided for in Section 531.07, Subd. 5 of this code. Subd. 5. Commercial Wireless Telecommunication Services (CWTS) Aantennas and related features , the use of which is not incidental to the principal use; provided that they conform to Section 4256 of the City Code, are located on the rooftop or near the roof -line, screened from public view to the extent possible, and do not extend higher than ten feet above the highest point of the roof, tirAess authorized by except as provided for in Section 531.07, Subd. 6 of this code. Subd. 6. Fences, walls, and hedges as permitted in Section 511.23 of this code. Subd. 7. Other uses customarily associated with, but incidental to the principal use, as determined by the City pursuant to Section 511.05 of this code. 531.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the I District, and are subject to the provisions outlined in Section 546.05 of this code. Iq Subd. 2. Light manufacturing, warehouse, assembly, distribution, packaging, processing, research, repair, service, wholesale, retail, and office uses with over 80,000 square feet of gross floor area. Subd. 3. Those uses outlined in Section 526.27, Subdivisions 4 through 29 of this code, subject to the same conditions. Subd. 4. Vehicle towing businesses, provided the following conditions are met: a) a buffer yard of not less than 15 feet in width shall be provided to separate all aspects of such use from any abutting parcel; b) parking of vehicles on public right -of -way shall be prohibited; c) any outdoor storage of towed vehicles shall be fully screened from view of adjacent properties and public right -of -way; and d) hours of operation may be limited by the Council to protect any neighboring residential properties from adverse impacts. Subd. 5. Accessory roof - mounted antennas which extend higher than ten feet above the highest point of the roof, provided that they conform to Section 425 of the City Code. Subd. 6. CWTS antennas and related features which extend higher than ten feet above the highest point of the roof, provided that they conform to Section 426 of the City Code. Subd. 7. CWTS towers and related features, provided that they conform to Section 426 of the City Code. Subd. 58. Other uses of the same general character as those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. M Richfield City Code 425.01 Section 425 - Accessory 4antennaes and towers. 425.01. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Antenna" means equipment located on the exterior of or outside of a building or structure used for transmitting or receiving radio, television or telecommunications signals. Subd. 3. "Tower" means a pole, spire, or structure or any combination thereof to which an antenna is attached including supporting lines, wires and braces. Subd. 4. "Satellite antenna" means a structure and all supporting apparatus which is used for receiving satellite signals: if the structure is roofmounted and exceeds ten feet in height above the highest point of the roof, it is considered a roof - mounted antenna: if the structure is ground - mounted it is considered an accessory building. 425.03. General rule. Except as otherwise provided in this section, no antenna or tower may be erected, constructed, placed, re- erected or replaced in a residential zoning district of the city except in conformance with this section. 425.05. Permits. Subdivision 1. Required. Except as provided in subdivision 3, no person may erect, construct, place, re- erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re- erection, reconstruction or replacement will not create a safety hazard or damage to the property of other persons. Subd. 3. Exceptions. Permits are not required for: a) an antenna or combination of antennae and tower rigidly attached to a building provided that the combination of antenna and tower does not exceed a total height of ten feet above the highest point of attachment; b) antennae and towers used by the city for city purposes; c) adjustment, repair or replacement of the elements of an antenna, provided such adjustment repair or replacement does not reduce the safety factor; d) temporary antennae or towers erected for test purposes, emergency communication, or for broadcast remote pick up operations: temporary antennae and towers shall be removed within 72 hours following installation. 425.07. Location. Subdivision 1. Sideyards. A tower or antenna or combination thereof may not be located in any front yard or side yard except that towers or antennae rigidly attached to the side of the building may project into a required interior side yard provided they are at least four feet from an interior side property line. Subd. 2. Satellite antennae. Groundbased satellite antennae are permitted only in the rear yard and, for purposes of the zoning code, are accessory buildings. The structures are subject to the requirements for accessory buildings listed in the zoning code. Subd. 3. Extension into streets. No part of any antenna or tower nor any lines, cable, equipment or wires, or braces in connection with either shall at any time extend across or over any part of any public right -of- way, streets, highways, sidewalk or alleys or over any property line. 425.09. Height. The total height of any tower, antenna or combination thereof shall not exceed 70 feet from the lowest grade level at the base to the highest point of tower, antenna or combination thereof. The total height of roof mounted towers, antennae or combination thereof may not exceed 70 feet above the average elevation of the lot along the front building line of the building it is mounted on. 425.11. Performance Standards. Subdivision 1. These performance standards apply to any accessory tower, antenna or satellite antenna that is erected, constructed, placed, re- erected or replaced in any zoning district in the cit . Subd. 2 Signage. No advertising message shall be on the tower or antenna structure. Subd. 3. Screening. Such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening plans shall be approved by the Community Development Director. Subd. 4. Number. If more than one such structure is pronosed on a lot, they shall be clustered in a single grouped location where possible. Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 425.1 +3. Construction. Subdivision 1. Wind. Towers with antenna shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be treated wood in conformance with the building code. Subd. 3. Grounding. Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the national electrical code. Subd. 4. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 5. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, except during time of repair or installation, any lights, reflectors, flashers or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon or attached thereto, any platform, catwalk, crow's nest or like structure, except during periods of construction or repair. 425.135. Non - conforming installations. Subdivision 1. General rule. Antenna and towers in existence on January 18, 1986 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be replaced or structurally altered except as provided in subdivision 2 without complying with this section. Subd. 2. Replacement. If a non - conforming tower is damaged or destroyed the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with these regulations, provided, however, that the cost or repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality. z. 425. IS. Variances. The council may grant variances to the literal provisions of this aSections 425.07, 425.09, and 425.11 in the same manner and subject to the same requirements that apply to variances granted under section 5436 of the zoning code. Richfield City Code (Zoning) Planned Unit Developments 536.17, Subd. 4 (b) SECTION 536 - ZONING: PLANNED UNIT DEVELOPMENTS 536.11. PUD districts and allowable uses. Subdivision 1. Establishment of PUD districts. The following table denotes the six types of PUD districts, the abbreviations for such PUD districts, and the allowable uses within each PUD district: Planned Residential PR R & R -1 Planned Two Family Residential PMR -1 MR -1 Planned Multi-Family Residential PMR MR -1 MR -2 & MR -3 Planned Neighborhood Commercial PC -1 C -1 Planned General Commercial PC -2 C -2 & C -3 Planned Industrial i PI I Subd. 2. PMR -1 density limitation. In the PMR -1 District, the density of two family dwellings shall not exceed ten dwelling units per acre. Subd. 3. Mixed land uses. Uses other than the allowable uses listed in Subd. 1 above, are permitted in a PUD district, provided that: a) the use is one which is authorized in one of the six types of PUD districts; b) such additional use shall not occupy more than 33 percent of the gross floor area within the planned unit development; and c) not withstanding the foregoing, an adult establishment as defined and regulated in Section 1196 of the City Code is not permitted in any PUD district other than a PC -2 district. Subd. 4. Accessory Uses. The following accessory uses shall be permitted subject to administrative approval from the Community Development Director: a) accessory satellite dish antennas and other antennas and towers that are incidental to the principal use on the premises, provided that they conform to Section 425 of the City Code: and b) Commercial Wireless Telecommunication Services (CWTS) antennas and related features, provided that they conform to Section 426 of the City Code. le5 Item: #3 Agenda Section: Old Business PC Letter: #12 Date: August 27, 1996 GENERAL INFORMATION Subject: Consideration of an ordinance amendment to incorporate provisions for cluster housing development. References: see attachments. ANALYSIS Background: For the past several months, the Planning Commission has studied the issues related to cluster housing development. The attached ordinance language is based on direction provided by the Commission at study sessions, a review of ordinances from other cities and feedback from developers. The revised ordinance language is designed to remove some of the barriers to townhome and cluster home development while ensuring that the residential character of Richfield neighborhoods is preserved. Attachment One summarizes the components of the ordinance changes. Two people from the developers' panel responded to the Planning Commission's request to review the proposed ordinance. Their comments are summarized as follows: allow smaller setbacks permit a narrower width for attached housing units permit a taller maximum height consider a porch as a design feature that would warrant a reduced setback consider a smaller lot size per unit to allow for greater density allow for flexibility in parking requirements consider a larger maximum lot coverage reduce the minimum lot width to 60 feet use language in the purpose section that encourages a high quality project without strict adherence to the existing housing stock The following modifications were made to the ordinance in response to their comments: a rear setback of 12 feet (instead of 15 feet) could be permitted if a superior design is achieved and the impact of the smaller setback is minimized the minimum width required for an attached dwelling was reduced from 22 feet to 16 feet parking flexibility was added in the MR -2 district; the Council has the discretion to reduce the required parking from two spaces per unit if certain features are present (e.g. transit use, serving senior population) porch was added as a feature that could warrant a reduced setback minimized garage door dominance was added as well) lot sizes were reduced by 500 square feet in each district the minimum lot width was reduced to 60 feet the purpose section was re- worded to emphasize "harmony" with the surrounding neighborhood rather than "consistency" RECOMMENDATION Recommended Action: Preferred: Discuss and review the attached ordinance amendment, make a recommendation to the City Council. Basis: 1. The current zoning ordinance limits townhouse development to the medium density multiple housing district and planned unit developments. The ordinance does not recognize smaller, more single - family like cluster developments. 2. The variety of housing types available in the City is limited. Over the past several years, the City and HRA have worked towards diversifying the City's housing stock. 3. Under the Livable Communities Act, the City has developed several housing principles, one of which is to support a variety of housing types for people in all stages of the life cycle. 4. The update of the City's Comprehensive Plan, estimated to be in place by the end of 1996, encourages the life cycle housing concept and identifies several locations for low density, attached forms of housing. 5. The Commission has reviewed ordinances from other cities and received feedback from developers in developing the attached ordinance amendment. Alternative: Request additional study. Richfield City Code (Zoning) SECTION 521 - ZONING: RESIDENTIAL DISTRICTS 521.01. Single Family Residential District W. Subdivision 1. Subsections 521.01 to 521.16 apply to the R District. Subd. 2. Purposes. The purposes of the R District are to: a) protect and preserve the single family residential character of R District properties that are in conformance with the Comprehensive Plan and this code; b) reserve appropriately located areas for new and replacement single family dwellings at densities which are consistent with sound standards of public health; c) provide opportunities for infill cluster housing development and allow greater intensities and wider varieties in the types of housing available to City residents provided it is in harmony with the single family residential character of the R district. d) provide opportunities for cluster housing to serve as transitions in land use in keeping with the character of adjacent land uses at densities slightly higher than single family housing but less dense than multi- family housing; ee)ensure adequate light, air, privacy, and open space for each dwelling; 4f) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land, buildings, or infrastructure; and eg)protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 521.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the R District shall be subject to the same zoning regulations as single family dwellings in the R District. Subd. 3. Accessory day care facilities serving more than 12 persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315. to 9502.0445 serving more than 14 144 Richfield City Code (Zoning) persons, or as otherwise permitted by law, provided such facilities are located in non- residential buildings (e.g., schools or churches) and the following conditions are met: a) parking lot setback and screening shall comply with the Richfield Landscape Requirements, on file with the Office of Community Development; b) designated pick -up and drop -off areas shall be located on the site; and c) outdoor play areas shall be set back at least 15 feet from any lot line which abuts a residential parcel. Subd. 4. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 5. Private non - commercial recreational facilities as a principal use. Subd. 6. Two family dwellings, provided the following conditions are met: a) the lot shall abut an arterial or collector street; b) the lot area, width, and depth shall comply with Section 521.09, Subd. 2 of this code; c) two off- street parking spaces, one of which must be enclosed in a garage, shall be provided for each dwelling unit; d) driveway access to the property from public streets shall be allowed in accordance with Section 521.05, Subd. 10, paragraph e), item (iv); e) for new construction each dwelling unit shall contain at least 750 square feet of interior floor space, and for conversion of a single family dwelling to a two family dwelling each unit shall contain at least 500 square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and f) the structure shall meet all setback requirements for two - family dwellings as indicated under Section 521.11, except that a single family dwelling which does not meet the required two family interior side setback may be converted into a two - family dwelling if the dwelling is not expanded or if the expansion meets all applicable two family dwelling requirements. Subd. 7. Cluster home developments with three to ten units, provided the following conditions are met: a) the design of the development shall be compatible with the surrounding neighborhood in terms of building materials, architectural design, scale and mass of the structure, or other similar urban design characteristics. Richfield City Code (Zoning) b) landscaping shall be provided in accordance with the Richfield Landscape Requirements. on file with the Office of Community Development: c) two off - street parking_ spaces. one of which must be enclosed in a garage. shall be provided for each dwellin unit: d) there shall be a minimum of 500 square feet of outdoor open space provided on the lot per dwelling unit: e) the number and location of driveways and curbcuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses; f) the density of the development shall not exceed the density recommended in the Comprehensive Land Use Plan. Subd. -78. Bed and breakfast inns, provided the following conditions are met: a) no more than two rental rooms shall be provided; b) at least two off- street parking spaces (may include garage stalls) shall be provided for the residence, and at least one off- street parking space shall be provided on the lot for each rental room; c) the use shall be contained within a single family detached dwelling; d) outdoor parking areas shall be screened with landscape materials; and e) the operator shall secure all applicable licenses and approvals from the city, county, state, or other applicable jurisdictions before the conditional use permit will become effective. Subd. -89. Accessory roof - mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 910. Public or private elementary and high schools, and other similar learning institutions, provided the following conditions are met: a) pick -up and drop -off areas shall be designed to enhance vehicular and pedestrian safety; b) outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; c) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and 344 Richfield City Code (Zoning) d) lighted playing fields shall be permitted only upon demonstration that off - site impacts can be substantially mitigated. Subd. 101. Cemeteries (may include mausoleums and crematories), provided the following conditions are met: a) the lot area shall be not less than five acres; b) direct views from all abutting residential property shall be buffered in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development; c) the use shall abut an arterial or collector street and access shall be achieved without conducting significant traffic on local residential streets; and d) any crematory shall be set back not less than 600 feet from any lot line. Subd. 1 -12. Religious institutions and related convents or parsonages, provided the following conditions are met: a) outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and b) buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. Subd. 123. Emergency shelters within non - residential buildings (e.g., schools or churches) provided the following conditions are met: a) the shelter shall serve no more than 16 persons at one time; and b) meals for those served by the shelter shall be prepared in a kitchen approved for commercial use. Subd. 134. Major public utilities. Subd. 145. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 521.09. Lot area, width, depth, and coverage. Subdivision 1. Standards. The standards set out in this subsection apply in the R District. Richfield City Code (Zoning) Subd. 2. Minimum lot area. width, and depth: Subd. 3. Special grandfather clause for certain R lots. A lot that was a lot of record on or before June 1, 1995 located in the R District which does not meet the minimum requirements set forth in this code as to area and dimensions, may be used for single family (detached) development provided that the width of such lot is not less than 40 feet and such lot contains at least 5,000 square feet in area. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. Subd. 4. Maximum lot coverage: Lots of 7,000 S . Ft. or less: 35% Lots of over 7,000 S . Ft.: The greater of 25% or 2,500 S . Ft. Cluster home developments: 6 700 S . Ft. 50 Ft. 100 Ft. TWO.._....._.. _ ...... C ............ 9 000 S . Ft. 60 Ft. 100 Ft. SINGLE.FAIVLII X. 4,000 Sq. Ft. 60 Ft. 100 Ft. EE1Ct)PV)CETW >('CP<` Per Unit 1"WQ 1F'AitTIY_(GUP")::: 30 Ft. 25 Ft. 40,000 S . Ft. 150 Ft. 100 Ft. Subd. 3. Special grandfather clause for certain R lots. A lot that was a lot of record on or before June 1, 1995 located in the R District which does not meet the minimum requirements set forth in this code as to area and dimensions, may be used for single family (detached) development provided that the width of such lot is not less than 40 feet and such lot contains at least 5,000 square feet in area. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. Subd. 4. Maximum lot coverage: Lots of 7,000 S . Ft. or less: 35% Lots of over 7,000 S . Ft.: The greater of 25% or 2,500 S . Ft. Cluster home developments: 35% Non - residential uses: 50 % 521.11. Required building_ setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the R District. Subd. 2. Required setback and maximum height: Subd. 3. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet, except under the following conditions: 544 SIDi SLUE A AXXMUM CISE ..:: J~107' ......REAR ZR sE?IDE..:... SINGLE.FAIVLII X. 30 Ft. 25 Ft. 5 Ft. 12 Ft. 25 Ft. 1"WQ 1F'AitTIY_(GUP")::: 30 Ft. 25 Ft. 10 Ft. 12 Ft. 25 Ft. V- L" > > > << 30 Ft. 25 Ft. 5 Ft. 12 Ft. 25 Ft. 30 Ft. 3 Ft. 5 Ft. 12 Ft. 14 Ft. NO1tESiDENT1Z`.`.: > >< 40 Ft. 30 Ft. 30 Ft. 30 Ft. Ft. ACCESSORY. ?' 40 Ft. 10 Ft. 10 Ft. 30 Ft. 42 15 Ft. Subd. 3. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet, except under the following conditions: 544 Richfield City Code (Zoning) a) if a vehicle access door faces a "streetside" side lot line which abuts a non- arterial or non - collector street, such "streetside" side setback requirement shall be not less than 15 feet; or b) if a vehicle access door faces a rear lot line which abuts an alley, such rear setback requirement shall be not less than 15 feet; or c) if a vehicle access door faces an "interior" side lot line on a lot that is less than 45 feet in width, such "interior" side setback requirement shall be not less than 15 feet. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a corner lot which abuts a key lot, the streetside side setback requirement of such corner lot shall be equal to the front setback of any existing principal building on the key lot or 30 feet, whichever is less, however, in no case shall such streetside side setback requirement be less than 12 feet. (Figure 10) Figure 10 Subd. S. Additional height for non - residential buildings. • The following height exceptions apply to non - residential buildings in the R District: Subd. 6. Setbacks for cluster home developments. Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply with applicable building and fire codes. Subd. 67. Setback reductions for principal buildings. The following setback reductions apply in the R District: a) on a corner lot, the streetside side setback requirement shall be the lesser of 12 feet or the established streetside side setback of the existing principal building on the same lot for single family -ems, two family and cluster home development structures. In any case the provisions of paragraphs d) and e) of this subdivision shall be applicable; b) the front setback requirement for a new single family dwelling, two family dwelling or cluster home development on a lot may be reduced to not less than the average existing front setback of the welling(s) which front on the same street and abut such lot, to a minimum setback of 20 feet; Corner lot streetside" side lot line required setback existing Key lot ® front setback front lot line —+ curb Figure 10 Subd. S. Additional height for non - residential buildings. • The following height exceptions apply to non - residential buildings in the R District: Subd. 6. Setbacks for cluster home developments. Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply with applicable building and fire codes. Subd. 67. Setback reductions for principal buildings. The following setback reductions apply in the R District: a) on a corner lot, the streetside side setback requirement shall be the lesser of 12 feet or the established streetside side setback of the existing principal building on the same lot for single family -ems, two family and cluster home development structures. In any case the provisions of paragraphs d) and e) of this subdivision shall be applicable; b) the front setback requirement for a new single family dwelling, two family dwelling or cluster home development on a lot may be reduced to not less than the average existing front setback of the welling(s) which front on the same street and abut such lot, to a minimum setback of 20 feet; Richfield City Code (Zoning) c) with respect to single family homes existing on or before June 1, 1995, the interior side setback requirement may be reduced to not less than three feet for the purpose of constructing an attached garage, provided the following conditions are met: i) a letter of consent signed by the owner of the property which abuts the interior lot line shall be submitted to the City; ii) the garage shall be located a distance of not less than eight feet from any building on an abutting lot; iii) the width of the garage shall not, exceed 20 feet, and the length shall not exceed 26 feet; iv) the garage wall most parallel and adjacent to the interior lot line shall have no more than a one foot roof overhang (eave projection); vi) a drainage plan shall be approved by the City Engineer's office prior to issuance of building permits. d) windows or window units may project a maximum of 24 inches into a required front yard, streetside side yard; or rear yard of a dwelling, provided that the floor area is not increased by more than ten square feet, however, in no case shall they be closer than six feet from any lot line; and e) those items classified as "not encroachments" in Section 511.11. f) the setback requirements for cluster home developments may be reduced to 25 feet in the front and 12 feet in the rear if the following criteria are met: i) the applicant can demonstrate that a superior design is achieved through the reduced setback. Evidence of a superior design may include but is not limited to the preservation of a natural feature, creation of an amenity, creation of public open space, or incorporation of special features to meet the needs of the target population, ii) the reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or other similar impacts: iii) the impact of the reduced setback is minimized through the presence of features such as landscaping or other means of 744 Richfield City Code (Zoning) buffering, building design that includes_ a porch or similar feature. a limited number of building openings in the portion of the structure that infringes upon the setback, building orientation. minimized garage door dominance or other similar features. Subd.'-78. Setback reductions for residential accessory buildings setback reductions apply in the R District: a) the interior side setback requirement for accessory buildings located entirely five or more feet beyond the rear building line of the principal building may be reduced to three feet. Figure 11) b) on lots which provide alley access to the rear, a detached garage may be located no less than two feet from the rear lot line, provided that the setback requirement of Section 52 1.11, Subd. 3 of this code and all building codes are met. The following Rear Lot Line rear i building i y i Garage line i F!" T!.......... iT ; House Interior i ! Side i Lot Line i i i Front Lot Line Figure 11 521.16. Performance standards. Subdivision 1. Standards. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. Dimensions and floor area. Detached- Ddwellings constructed after June 1, 1995 shall be a minimum of 22 feet in length and width for at least 50 percent of each distance as measured from outside wall surfaces, and shall contain a minimum of 960 square feet of gross floor area. Attached dwellings shall be a minimum of 16 feet in width and 22 feet in length for at least 50 percent of each distance as measured from outside wall surfaces - and shall contain a minimum of 960 square feet of gross floor area. Subd. 3. Garage planning. Building plans submitted after June 1, 1995 for new single family dwellings shall include garage space for not less than two vehicles, or shall designate area(s) on the lot for future construction of such garage space that does not require any variances. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than ten feet in width by 20 feet in depth. Subd. 4. Detached garage in side yard area. Building plans submitted after June 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is located less than 10 feet from the dwelling. Richfield City Code (Zoning) Subd. 5. Performance standards of Section 541. Developments other than single family or two family dwellings or cluster home developments with 10 or fewer units shall be constructed and maintained in accordance with the applicable performance standards set out in Section 541 of this code. Subd. 6. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and /or modifications. 944 Richfield City Code (Zoning) 521.37 Two Family Residential District (MR -D. Subdivision 1. Subsections 521.37 to 521.57 apply to the MR -1 District. Subd. 2. PuEposes. The purposes of the MR -1 District are to: a) reserve appropriately located areas for two family residential dwellings; b) preserve as many as possible of the desirable characteristics of the single family residential district while permitting higher population densities; 0 provide opportunities for infill cluster housing development and allow greater intensities and wider varieties in the types of housing, available to City residents provided it is in harmony with the residential character of the MR -1 district: dl provide opportunities for cluster housing to serve as transitions in land use in keeping with the character of adjacent land uses at densities slightly higher than single family housing but less dense than multi - family housing, ee)ensure adequate light, air, privacy, and open space for each dwelling unit; df) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land, buildings, or infrastructure; and eg)protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 521.43. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR -1 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR -1 District shall be subject to the same zoning regulations as two family dwellings in the MR -1 District. Subd. 3. Accessory foster family homes licensed by the appropriate governmental authorities serving more than six children, or as otherwise permitted by law. Subd. 4. Private non - commercial recreational facilities as a principal use. Subd. 5. Twin homes and conversion of two family dwellings into twin homes provided the following conditions are met: Richfield City Code (Zoning) a) each of the lots created in subdividing land on which a twin home is constructed or a two family dwelling is converted shall be equal in area or as near equal as is reasonably possible; b) each lot so created shall contain not less than 5,000 square feet in area, shall be not less than 40 feet in width, and shall be shown on a survey prepared by a registered surveyor; c) except for the setback along a common property line, all other setback and yard requirements for a two family dwelling shall be met; d) separate services shall be provided to each residential unit for sanitary sewer, water, electricity, natural gas, telephone and other utilities; e) the two units, either existing or proposed, shall be situated in a side by side manner; f) no existing duplex structure shall be split into two separate ownerships unless and until the common party wall fire rating is brought up to new construction standards, as provided in Section 400 of the City Code; g) the owner of property to be subdivided shall execute and record at their expense a "Declaration of Covenants, Conditions, and Restrictions" as approved by the City Attorney. Said document is necessary to protect the rights of the individual owners sharing a single structure and the public as it relates to such things as maintenance, repair, and reconstruction in case of damage to the original structure. The declaration shall provide protection to the property owners and the City on the following subjects: i) building and use restrictions; ii) party walls; and iii) relationships among owners of adjoining living units and arbitration of disputes. The intent of these regulations is to promote harmony between the neighbors sharing a single structure and to protect the City and neighborhood from improper maintenance and /or disputes such as the following examples: each living unit being painted a different exterior color, or each living unit having a different roof color or type. The City shall be a third party beneficiary of such declaration. h) accessory buildings along the common lot line may have a zero setback provided all other setbacks are met, and all building and fire codes are met; and i) the authority to divide a single lot into two lots shall be subject to subdivision regulations in Section 500 of the City Code. 1144 Richfield City Code (Zoning) Subd. 6. Cluster home developments with three to ten units, provided the following conditions are met: a) the design of the development shall be compatible with the surrounding neighborhood in terms of building materials. architectural design. scale and mass of the structure. or other similar urban design characteristics: b) landscaping shall be provided in accordance with the Richfield Landscaae Requirements, on file with the Office of Community Development: c) there shall be a minimum of 500 square feet of outdoor open space provided on the lot per dwelling unit: d) the number and location of driveways and curb cuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses; e) the density of the development shall not exceed the density recommended in the Comprehensive Land Use Plan. Subd. -67. Accessory roof - mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. 78. Major public utilities. Subd. 89. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 521.45. Lot area, width, depth, and coverage. Subdivision 1. Standards. The standards set out in this subsection apply in the MR -1 District. Subd. 2. Minimum lot area, width, and depth: RISE;...:......... L(7T:9 REA; lJT I'TIITiF.. LfF' SINGLE..FA: MIL Y 6,700 S . Ft. 50 Ft. 100 Ft. TW4 FAINTLY ....:. 10,000 S . Ft. 75 Ft. 100 Ft. CLUSTER HUIkIE ULYEL(?PML Yf S be 4,000 Sq. Ft. Per Unit 60 Ft. 100 Ft. Subd. 3. Special grandfather clause for certain MR -1 lots. A lot that was a lot of record on or before June 1, 1995 located in the MR -1 District which does not meet the minimum requirements set forth in this code as to area and dimensions, may be used for two family development provided that the width of such lot is not less than 65 feet and such lot contains at least 8,500 square feet in area. When computing lot width and area, the area which is unencumbered with street, alley, or highway easements shall be used. Richfield City Code (Zoning) Subd. 4. The maximum lot coverage for single family and two family dwellings in the MR -I District shall be 30 percent. Subd. 5. The maximum lot coverage for cluster home developments in the MR -1 District shall be 35 percent. 521.47. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this subsection apply in the MR -1 District. Subd. 2. Required building setback and maximum height: Subd. 3. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a corner lot which abuts a key lot, the streetside side setback requirement of such corner lot shall be equal to the front setback of any existing principal building on the key lot or 30 feet, whichever is less, however, in no case shall such streetside side setback requirement be less than 15 feet. Subd. 5. Setbacks for cluster home developments. Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply applicable building and fire codes. Subd. 56. Setback reductions for principal buildings. The following setback reductions apply in the MR -1 District: a) on a corner lot, the streetside side setback requirement shall be the lesser of 15 feet or the established streetside side setback of the existing principal building on the same lot for single family -and, two family and cluster home development structures; b) windows and window units may project a maximum of 24 inches into a required front yard, streetside side yard, or rear yard, provided the floor area of the dwelling is not increased by more than ten square feet, however, in no case shall they be closer than eight feet from any lot line; and 1344 X RXf1. ...........ST2 7 A,1`f:: FIEICH2'...... 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. I`?tO1F''!''`:'':_<'? 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 Ft. sC1IJSTER « MMiir 30 Ft. 25 Ft. 10 Ft. 15 Ft. 25 ft. A CCESSURY.;::: <.;;; >; >:;. 30 Ft. 3 Ft. 10 Ft. 15 Ft. 14 Ft. Subd. 3. Additional setback requirement: vehicle access door facing a side or rear lot line. Whenever any building (principal or accessory) is located in such a manner that a vehicle access door faces a side or rear lot line, such side or rear setback requirement shall be not less than 20 feet. Subd. 4. Additional setback requirement: all structures located on a corner lot which abuts a key lot. On a corner lot which abuts a key lot, the streetside side setback requirement of such corner lot shall be equal to the front setback of any existing principal building on the key lot or 30 feet, whichever is less, however, in no case shall such streetside side setback requirement be less than 15 feet. Subd. 5. Setbacks for cluster home developments. Setbacks for cluster home developments shall apply to the perimeter of the development. Setbacks between attached and detached units within a cluster home development must comply applicable building and fire codes. Subd. 56. Setback reductions for principal buildings. The following setback reductions apply in the MR -1 District: a) on a corner lot, the streetside side setback requirement shall be the lesser of 15 feet or the established streetside side setback of the existing principal building on the same lot for single family -and, two family and cluster home development structures; b) windows and window units may project a maximum of 24 inches into a required front yard, streetside side yard, or rear yard, provided the floor area of the dwelling is not increased by more than ten square feet, however, in no case shall they be closer than eight feet from any lot line; and 1344 Richfield City Code (Zoning) c) those items classified as "not encroachments" in Section 511.11. M the front setback requirement fora new single family dwelling, two family dwelling or cluster home on a lot may be reduced to not less than the average _existing front setback of the dwelling(s) which front on the same street and abut such lot, to a minimum setback of 24 feet, e) the setback requirements for cluster home developments may be reduced to 25 feet in the front and 12 feet in the rear if the following criteria are met: i) the applicant can demonstrate that a superior design is achieved through the reduced setback. Evidence of a superior design may include but is not limited to the preservation of .a natural feature. creation of an amenity, creation of public open _pace, or incorporation of special features to meet the needs of the target population: ii) the reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in privacy. noise. overcrowding, or other similar impacts: iii) the impact of the reduced setback is minimized through the presence of features such as landscaping or other means of buffering, building design that includes a porch or similar feature, a limited number of building openings in the portion of the structure that infringes upon the setback, building orientation, minimized garage door dominance or other similar features. Subd. 67. Setback reductions for accessory buildings. The following setback reductions apply in the MR -1 district: a) the interior side setback requirement for accessory buildings located entirely five or more feet beyond the rear building line of the principal building may be reduced to three feet. b) on lots which provide alley access to the rear, a detached garage may be located no less than two feet from the rear lot line, provided that the setback requirement of Section 521.47, Subd. 3 of this code and all building codes are met. 521.55. Parking requirement. For two family,,_- ftd -twin home dwellings and cluster home developments, there shall be provided on the site at least two parking spaces per dwelling unit, of which at least one space per dwelling shall be enclosed in a garage. 521.57. Performance standards. Subdivision 1. Standards. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Richfield City Code (Zoning) Subd. 2. Dimensions and floor area. Dwellings constructed after June 1, 1995 shall be a minimum of 24 feet in length and width for at least 50 percent of each distance as measured from outside wall surfaces, and shall contain a minimum of 960 square feet of gross floor area per unit. Subd. 3. Garage planning. Building plans submitted after June 1, 1995 for new single family dwellings shall include garage space for not less than two vehicles, or shall designate area(s) on the lot for future construction of such garage space that does not require any variances. For the purposes of this subdivision only, each vehicle shall require a garage space of not less than ten feet in width by 20 feet in depth. Subd. 4. Detached garage in side ,yard area. Building plans submitted after June 1, 1995 for a detached garage located in any side yard area shall be placed on frost footings if any portion of such garage is less than 10 feet from the dwelling. Subd. 5. Performance standards of Section 541. Developments other than single family, two family, ef--twin home dwellings, or cluster homes with 10 or fewer units shall be constructed and maintained in accordance with the applicable performance standards set out in Section 541 of this code. Subd. 6. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and /or modifications. 1544 Richfield City Code (Zoning) MR -2 District 521.59. Multi- Family Residential District (MR -2). Subdivision 1. Subsections 521.59 to 521.77 apply to the MR -2 District. Subd. 2. Pumoses. The purposes of the MR -2 District are to: a) reserve appropriately located areas for multi - family dwellings; b) preserve as many as possible of the desirable characteristics of the single family district while permitting higher population densities; c) provide opportunities for infill cluster housing development and allow greater intensities and wider varieties in the types of housing available to Cityresidents: ed) ensure adequate light, air, privacy, and open space for each dwelling unit; de) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size (or density) in relation to the surrounding land, buildings, or infrastructure; ef) provide adequate space for off- street parking and loading; and g) protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, fire, vibration, heat, glare, and other objectionable or hazardous influences. 521.61. Permitted uses. Subdivision 1. The uses listed in this subsection are permitted uses in the MR -2 District. Subd. 2. Multi- family dwellings (excluding townhetisescluster home developments) with eight or fewer units. y lLJ<Si/Si1 Subd. 43. Licensed residential care facilities or community based residential care facilities serving six or fewer persons provided they are not located within 1/4 mile of another such facility, except as provided for in Section 521.65, Subd. 3 of this code. Care facilities located in the MR -2 District shall be subject to the same zoning regulations as multi - family dwellings in the MR -2 District. Subd. 54. Minor public utilities. 521.65. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the MR -2 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 2. Multi - family dwellings with nine to 25 units. Subd. 3. Cluster home developments, provided that the following conditions are met: a) the design of the development shall be compatible with the surrounding neighborhood in terms of buildinjz materials. architectural design. scale and mass of the structure, or other similar urban design characteristics: b) the number and location of driveways and curb cuts shall minimize conflict with vehicular traffic and should not adversely impact adjacent land uses: d) the density of the development shall not exceed the density recommended in the Comprehensive Land Use Plan. Subd. 34. Licensed residential care facilities or community based residential care facilities serving seven or more persons, or such facilities which are located within 1/4 mile of another such facility. Care facilities located within the MR -2 District shall be subject to the same zoning regulations as multi - family dwellings in the R -1 District, Subd. 45. Accessory day care facilities serving more than three persons licensed by the appropriate governmental authorities, or accessory group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than six persons, or as otherwise permitted by law, provided such facilities are located in common areas of multi - family buildings and the following conditions are met: a) designated pick -up and drop -off areas shall be located on the site; and b) outdoor play areas shall be set back at least 15 feet from all lot lines and buffering shall be provided to mitigate noise and adverse visual impacts on neighboring properties. Subd. 56. Accessory foster family homes licensed by the appropriate governmental authorities serving more than three children, or as otherwise permitted by law. Subd. 67. Accessory roof - mounted antennas which extend higher than ten feet above the highest point of the roof. Subd. -7$. Major public utilities. Subd. 89. Other uses similar to those conditionally permitted by this section, as determined by the City pursuant to Section 511.05 of this code. 521.67. Minimum lot area, floor area, and parking requirements for multi- family dwellings (excluding tewfibetises cluster home developments). Subdivision 1. Standards. The standards set out in this subsection apply to apartments and condominiums in the MR -2 District. Subd. 2. Minimum lot size: 15,000 square feet. 1744 Richfield City Code (Zoning) MR -2 District Subd. 3. Minimum lot area: 2,500 square feet per unit, adjusted as follows: a) For each parking stall under the multi - family structure or underground, subtract 500 square feet per dwelling unit from the minimum lot area per dwelling unit, but the total number of such subtractions shall not exceed the number of dwelling units. b) For each bedroom in excess of two in any one dwelling unit, add 500 square feet to the minimum lot area per dwelling unit. Subd. 4. Minimum floor areas: a) Efficiency - 400 square feet per unit. b) One - bedroom - 550 square feet per unit. c) Two - bedroom - 750 square feet per unit. d) More than two bedrooms - add 150 square feet per bedroom to that required for a two bedroom dwelling unit. Subd. 5. Minimum parking: Two off-street parking spaces shall be provided for each dwelling unit. The Council, at its discretion, may reduce the minimum required parking to not less than 1.5 parking spaces per unit for multi- family structures with seven or more units, after consideration of factors including but not limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics. In addition, the Council may further reduce the parking requirement for senior housing complexes. 521.69. Requirements for townhouses cluster home developments. Subdivision 1. Standards. The standards set out in this subsection apply to tewMausescluster home developments min the MR -2 District, Subd. 2. Minimum lot area: a) Three unit structure: 4,GW 3.500 square feet per unit. b) Four unit structure: 334A 3.000 square feet per unit. c) Five or s-i* more unit structure: 3,88A 2.500 square feet per unit. Subd. 3. Minimum floor areas: a) One - bedroom - 650 square feet per unit. b) Two - bedroom - 850 square feet per unit. c) Three or more bedrooms - 1,000 square feet per unit. Subd. 4. Maximum building height: 35 feet. Subd. 5. Minimum lot width: 60 feet. Subd. 6. Maximum lot coverage (principal structure): 35 percent. Subd. 7. Outdoor open space requirements: a) Two or fewer bedrooms: 325 square feet minimum per dwelling unit. b) Three or more bedrooms: 425 square feet minimum per dwelling unit. c) Balconies, porches and decks with at least 70 square feet in area and six feet in width which are directly accessible by individual dwelling units may be counted as contributing 70 square feet to the outdoor open space requirements listed above. Subd. 8. Setback requirements: a) Front: 30 feet. b Side: i) interior - 10 feet. ii) streetside - 15 feet. c) Rear: 25 feet. Subd. 9. Setback reductions: the setback requirements for cluster home developments may be reduced to 25 feet in the front, 5 feet for the side interior and 12 feet in the rear if the following criteria are met: a) the applicant can demonstrate that a superior design is achieved through the reduced setback. Evidence of a superior design may include but is not limited to the preservation of a natural feature, creation of an amenity, creation of public open space, or incorporation of special features to meet the needs of the target population: b) the reduced setback does not adversely affect the surrounding neighborhood in terms of a decrease in privacy, noise, overcrowding, or other similar impacts: c) the impact of the reduced setback is minimized through the presence of features such as landscaping or other means of buffering. building design that includes a porch or similar feature, a limited number of building 1944 Richfield City Code (Zoning) MR -2 District openings in the portion of the structure that infringes upon the setback, building orientation, minimized garage door dominance, or other similar features. Subd. 10. Landscaping requirements: Landscaping shall be accomplished in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development. Subd. 11. Minimum parking: Two off- street parking spaces, at least one of which shall be in a garage, shall be provided for each dwelling unit._ The Council, at its discretion, may reduce the minimum required parking to not less than 1.5 parking spaces per unit after consideration of factors including but not limited to the present or future availability of transit services, shared parking -_ pedestrian orientation, and occupancy characteristics. In addition, the Council may further reduce the parking requirement for projects designed to serve seniors. 521.71. Requirements for ftH multi - family structures in the MR -2 District. Subdivision 1. Standards. The standards set out in this subsection apply to fill— multi- family structures excluding cluster home developments). Subd. 2. Maximum building height: 35 feet. Subd. 3. Minimum lot width: 75 feet. Subd. 4. Maximum lot coverage (principal structure): 30 percent. Subd. 5. Outdoor open space requirements: a) Two or fewer bedrooms: 325 square feet minimum per dwelling unit. b) Three or more bedrooms: 425 square feet minimum per dwelling unit. c) Balconies and porches with at least 70 square feet and seven feet in width which are directly accessible by individual dwelling units may be counted as contributing 175 square feet to the outdoor open space requirements listed above. Subd. 6. Minimum setback requirements: a) Front: 30 feet. b) Side: i) interior - height of building or 20 feet, whichever is greater. ii) streetside - 30 feet. c) Rear: height of building or 25 feet, whichever is greater. Subd. 7. Buffering shall be accomplished in accordance with the Richfield Landscape Requirements, on file with the Office of Community Development, Subd. 8. Parking areas shall meet the standards set in the Richfield Parking Requirements, on file with the Office of Community Development. 521.77. Performance standards. Subdivision 1. Developments shall be constructed and maintained in accordance with the standards set out in this subsection. Subd. 2. No more than 20 percent of the dwelling units in any one building shall be efficiency dwelling units. Subd. 3. Developments other than cluster home developments with 10 or fewer units shall be constructed and maintained in accordance with the applicable performance standards set out in Section 541 of this code. Subd. 4. All property located within a design district or corridor overlay district shall be subject to such district's additional requirements and /or modifications. 2144 Richfield City Code 425.01 Section 425 - Accessory Aantennaes and towers. 425.01. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Antenna" means equipment located on the exterior of or outside of a building or structure used for transmitting or receiving radio, television or telecommunications signals. Subd. 3. "Tower" means a pole, spire, or structure or any combination thereof to which an antenna is attached including supporting lines, wires and braces. Subd. 4. "Satellite antenna" means a structure and all supporting apparatus which is used for receiving satellite signals: if the structure is roofmounted and exceeds ten feet in height above the highest point of the roof, it is considered a roof - mounted antenna: if the structure is ground - mounted it is considered an accessory building. 425.03. General rule. Except as otherwise provided in this section, no antenna or tower may be erected, constructed, placed, re- erected or replaced in a residential zoning district of the city except in conformance with this section. 425.05. Permits. Subdivision 1. Required. Except as provided in subdivision 3, no person may erect, construct, place, re- erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re- erection, reconstruction or replacement will not create a safety hazard or damage to the property of other persons. Subd. 3. Exceptions. Permits are not required for: a) an antenna or combination of antennae and tower rigidly attached to a building provided that the combination of antenna and tower does not exceed a total height of ten feet above the highest point of attachment; b) antennae and towers used by the city for city purposes; c) adjustment, repair or replacement of the elements of an antenna, provided such adjustment repair or replacement does not reduce the safety factor; d) temporary antennae or towers erected for test purposes, emergency communication, or for broadcast remote pick up operations: temporary antennae and towers shall be removed within 72 hours following installation. 425.07. Location, Subdivision 1. Sideyards. A tower or antenna or combination thereof may not be located in any front yard or side yard except that towers or antennae rigidly attached to the side of the building may project into a required interior side yard provided they are at least four feet from an interior side property line. Subd. 2. Satellite antennae. Groundbased satellite antennae are permitted only in the rear yard and, for purposes of the zoning code, are accessory buildings. The structures are subject to the requirements for accessory buildings listed in the zoning code. Subd. 3. Extension into streets. No part of any antenna or tower nor any lines, cable, equipment or wires, or braces in connection with either shall at any time extend across or over any part of any public right -of- way, streets, highways, sidewalk or alleys or over any property line. 425.09. Height. The total height of any tower, antenna or combination thereof shall not exceed 70 feet from the lowest grade level at the base to the highest point of tower, antenna or combination thereof. The total height of roof mounted towers, antennae or combination thereof may not exceed 70 feet above the average elevation of the lot along the front building line of the building it is mounted on. 425.11. Performance Standards. Subdivision 1. These performance standards apply to any accessory tower, antenna or satellite antenna that is erected, constructed, placed, re- erected or replaced in any zoning district in the city. Subd. 2 Slgnue. No advertising message shall be on the tower or antenna structure. Subd. 3. Screening. Such structures shall be screened to the greatest extent practicable to minimize visual impacts on surrounding properties. Screening plans shall be approved by the Community Development Director. Subd. 4. Number. If more than one such structure is proposed on a lot, they shall be clustered in a single grouped location where possible. Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 425.1 -13. Construction. Subdivision 1. Wind. Towers with antenna shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be treated wood in conformance with the building code. Subd. 3. Grounding. Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with the national electrical code. Subd. 4. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 5. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, except during time of repair'or installation, any lights, reflectors, flashers or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon or attached thereto, any platform, catwalk, crow's nest or like structure, except during periods of construction or repair. 425.135. Non - conforming installations. Subdivision 1. General rule. Antenna and towers in existence on January 18, 1986 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be replaced or structurally altered except as provided in subdivision 2 without complying with this section. Subd. 2. Replacement. If a non - conforming tower is damaged or destroyed the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with these regulations, provided, however, that the cost or repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality. 425.15. Variances. The council may grant variances to the literal provisions of this sSections 425.07, 425.09, and 425.11 in the same manner and subject to the same requirements that apply to variances granted under section 5436 of the zoning code.