2011-17 BILL NO. 2011-17
AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING
AMENDING SUBSECTIONS 507.07, SUBDIVISION 129; 547.07, SUBDIVISION 3;
547.09, SUBDIVISIONS 4, 9 AND 11; 547.11, SUBDIVISIONS 1, 3, 4, 9, AND 12;
547.13, SUBDIVISIONS 1 THROUGH 4 AND 11; AND 547.15, SUBDIVISIONS 2, 3
AND 5 RELATED TO THE ADMINISTRATION OF ZONING PERMITS; AND
SUBSECTION 514.05, SUBDIVISION 6; SUBSECTION 518.05, SUBDIVISION 6; AND
SUBSECTION 522.05, SUBDIVISION 6 RELATED TO DRIVEWAY PERMITS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 507.07, Subdivision 129 of the Richfield City Code is
amended to read as follows:
Subd. 129. "Variance" —A relaxationPermission to deviate from certain
the literal requirements of this Code.
Sec. 2 Subsection 547.07, Subdivision 3 of the Richfield City Code is amended
to read as follows:
Subd. 3. Public Hearing and Planning Commission review. After receipt
of a completed application, a date shall be set for a public hearing. Not
less than 10 days prior to the public hearing, notice shall be published
once in the official newspaper. If the application involves a change in
district boundaries of 5 acres or less, notice must also be sent by mail to
all the owners of properties located wholly or partially within 350 feet of
the subject property : -• -- - •-- -- •- • - - - . The Planning
Commission shall make a recommendation to the Council regarding the
application.
Sec. 3 Subsection 547.09, Subdivisions 4, 9 and 11 of the Richfield City Code is
amended to read as follows:
Subd. 4. Public Hearing and Planning Commission review. After receipt
of a completed application, a date shall be set for a public hearing. Not
less than 10 days prior to the public hearing, notice shall be published
once in the official newspaper and sent by mail to all the owners of
properties located wholly or partially within 350 feet of the subject
property. The Planning Commission shall make a recommendation to the
Council regarding the application.
Subd. 9. Expiration of CUP. A conditional use permit shall expire one
year after is has been issued unless:
a) The use for which the permit was granted has commenced withe
one year e period; or
b) Building permits have been issued and substantial work performed; or
c), Upon written request of the person or corporation holding the
CUPpermit, the Council extends the expiration date for an additional
period not to exceed one year.
Subd. 11. Amendment to CUP. Holders of a conditional use permit may
propose amendments to the permit by following the procedure set in this
subsection for issuance of a new permit. Amendments to a conditional
use permit shall be administered in the same manner as site plan
amendments, as described in Subsection 547.13, Subd. 4410 of this
Code.
Sec. 4 Subsection 547.11, Subdivisions 1, 3, 4, 9 and 12 of the Richfield City
Code are amended to read as follows:
Subdivision 1. Limitations. The following limitations apply to variances:
a) A variance may be granted from the literal provisions of this Code only
when '- - _ -- -- - - - - - - - - - -- -- -
general-purpose and intent of this Codc and all of the following criteria
are found to exist:
"Undue hardship" as used in connection with the granting of a
- - -- -- - - - - - - - - - - - -- - . --- The
applicant establishes that there are practical difficulties in
complying with the official control. "Practical difficulties," as used in
connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not
permitted by an official control. Economic considerations alone do
not constitute practical difficulties. Practical difficulties include, but
are not limited to, inadequate access to direct sunlight for solar
energy systems;
ii. Unusual or unique circumstances apply to the property which do
not apply generally to other properties in the same zone or vicinity,
and such circumstances were not created by any persons presently
having an interest in the property;
iii. The variance, if granted, would not alter the character of the
neighborhood. The completed project would not impair an adequate
supply of light and air to adjacent properties, or substantially
increase the congestion of public streets, or increase the danger of
fire, or endanger the public safety, or substantially diminish property
values, or have a detrimental or injurious impact on surrounding
properties; and
iv. The variance requested is the minimum variance that would
alleviate the undue hardshippractical difficulty.
v. The variance requested will not alter the essential character of
the locality.
vi. The variance requested is in harmony with the general purpose
and intent of the ordinance and consistent with the comprehensive
plan.
b) Use varianccs Variances shall may not'be granted for uses that are not
allowed in the zoning district where the subject property is located..
c) Conditions may be imposed in the granting of variances. Such
conditions must be directly related to and must bear a rough
proportionality to the impact created by the variances.
Subd. 3. Application. Application for a variance shall be made to the
Director on forms provided by the City. Applications shall not be
considered complete until an Administrative Review Committee (ARC)
meeting is held between the applicant and staff. This requirement may
_- _• -_ _ - _ -- ._ - ._ _- _ • or the Director determines that
such a meeting is not necessary. Application s must be submitted for the
ARC meeting at least 28 days before the scheduled hearing to be
considered for the agenda. Applications must be complete at least 14
days before the scheduled variance hearing to be placed on the agenda.
Subd. 4. Public hearing. Upon receipt of a completed application, the
Director shall assign the application to one Hearing Examiner and a date
shall be set for a public hearing before the Hearing Examiner. If the
variance requires some other approval by the City Council in conjunction
with another planning and zoning application, the Director shall assign
the application to the Board of Adjustment and Appeals for consideration
in conjunction with the other cequestsrequest(s) and a date shall be set
for a public hearing before the Board. Not less than 10 days prior to the
public hearing, notice shall be published once in the official newspaper
and sent by mail to all the owners of property located wholly or partially
within 350 feet of the subject property.
Subd. 9. Appeals. Any person aggrieved by the decision of the Hearing
Examiner may appeal such decision if a written notice of appeal and the
fee set by Appendix D of the City Code is submitted to the Director within
tee10 days of the decision. The notice of appeal shall be addressed to
the attention of the Board of Adjustments and Appeals, care of the
Director. A decision of the Board is subject to judicial review as provided
by law.
Subd. 12. Expiration of variance. Any variance granted shall expire one
year after it has been granted unless:
a) The project for which the variance was granted is completed within the
one year period: or
b) Building permits have been issued and substantial work performed; or
c) Upon written request of the person or corporation holding the variance,
the Council extends the expiration date for an additional period.
Sec. 5 Subsection 547.13, Subdivisions 1 through 4 and 11 of the Richfield City
Code are amended to read as follows:
547.13. Site plan approval. Subdivision 1. All commercial, industrial,
multiple-family housing (over-feurthree or more units) or institutional
development applications shall be reviewed under the site plan approval
process as set forth in this subsection. Site plan review will be
coordinated with the review of applications for preliminary plats, rezoning,
conditional use permits and variances. Provisions for the review of
Planned Unit Developments (PUD) shall be dictated by Section 542 of
this Code
Subd. 2. Approval required. It shall be unlawful to do any of the following
without first obtaining site plan approval:
a) Construct a building;
b) Move a building to any lot within the City;
c) Expand or change the use of a building or lot or modify a building,
accessory structure, or site or land feature in any manner which results in
parking(See Subd. 11 for amendments to previously approved plans); and
d) Take actions to prepare a lot for development, including grading or
removing or adding soils to a site, except in conformance with a permit or
an approved plan which complies with the City's comprehensive surface
water management plan or has received a variance from the appropriate
water management organization as necessary. (Amended, Bill No. 1998-
2)
Subd. 3. Exception. Notwithstanding the above, site plan approval shall
significantly intensify the use of the site. In these instances an
- --- *.• e - - - - -- - - ". - - - - -- -.Repealed.
Subd. 4. Application. Application for a site plan review shall be made to
the Director on forms provided by the City. Applications shall not be
considered complete until an Administrative Review Committee (ARC)
meeting is held between the applicant and staff, or the Director
determines that such a meeting is not necessary. Applications must be
submitted for the ARC meeting at least 28 days before the scheduled
Planning Commission meeting to be considered for the agenda. An
application must be complete at least 14 days before the Planning
Commission meeting to be placed on the agenda. Submitted applications
aiI-shall be accompanied by the following:
a) Evidence of ownership or an interest in the property;
b) Evidence that there are no delinquent property taxes, special
assessments, penalties, interest and/or municipal utility fees due on the
property;
c) Accurate and current certificate of survey;
d) Accurate legal description;
e) Eight full-size legible plans regarding the following aspects of the
project (All submitted plans shall be signed by a registered architect, civil
engineer, landscape architect or other appropriate design professional):
i. Boundary survey with existing;
ii. Site plan with proposed improvements;
iii. Site plan with proposed parking and parking lot improvements, in
compliance with Section 544, General Building and Performance
Standards, of this Code;
iv. Building elevations;
v. Landscape plan, in compliance with Section 544, General
Building and Performance Standards, of this Code;
vi. Tree protection plan;
vii. Grading plan;
viii. Drainage plan;
ix. Storm water management plan;
x. Utility plan;
xi. Sediment and erosion control plan;
xii. Lighting plan;
xiii. Screening plans for mechanical equipment and dumpsters;
xiv. Signage plan; and
xv. Solar access plan.
f) The fee specified in Appendix D of the City Code;
g) All plans must meet the following requirements:
i. A title block stating the name, address telephone number and e-
mail address of the applicant;
ii. A north arrow and graphic scale;
iii. Plans for preliminary review can be 11" x 17" and to-scale; and
iv. One set of 8-1/2" x 11" legible reductions is required for City
Council and Planning Commission packets.
h) All applications must contain the following information:
i. Property lines, setbacks and lot dimensions;
ii. Building dimensions, height;
iii. Building coverage;
iv. Impervious surface coverage (buildings + hard surface/lot size);
v. Access to parcel, location of medians;
vi. Street locations, right-of-way, driveway and drive aisle widths;
vii. Existing & proposed topography with spot grades & slopes in
excess of 3:1;
viii. Parking lot layout including location of curbing and striping;
ix. Location of fire lanes and related signage;
x. Location of hydrants;
xi. Location of underground storage tanks and major utilities;
xii. Sidewalk/trail alignment plan;
xiii. Easement documents; and
xiv. Significant trees lost and preserved.
j) The type of plans and number of copies required may be adjusted by
staff based on the particular project. The City reserves the right to request
additional plans or information as necessary.
Subd. 11. Amendments to an approved site plan. Amendments to an
approved site plan shall be administered as follows.
a) Minor Amendments. Minor amendments to a site plan a e include the
following, provided that no variances are required and the modifications do
not significantly intensify use of the site:
in signage do not require an amendment. All changes to signage require
a sign permit.)
iii. Landscape changes.
+i+u. Parking lot configuration changes (not change in number of
spaces).
+viii. Less than 25 percent change in the floor area in any one
structure.
viv. Less than 25 percent change in the approved separation of
buildings.
v+v. Less than 20 percent change in the ground area covered by
the project.
v+1vi. Less than 20 percent change in the number of residential
units.
v+i+vii. Less than 20 percent change in the number of parking
spaces (provided or required).
b) Major Amendments. Major amendments to a site plans are:
i. More than 25 percent change in floor area in any one structure,-
ii. More than 25 percent change in the approved separation of
buildings.
iii. Any GlIangereduction in the original approved setbacks from
property lines if adjacent to single or two-family residential property.
iv. More than 20 percent change in the ground area covered by the
project.
v. More than 20 percent change in the number of residential units.
vi. More than 20 percent change in the number of parking spaces
(provided or required).
c) Review of minor amendments. Proposed minor amendments (as
specified in "clause a" above) to a site plan shall be reviewed and decided
by the Director. Review criteria remain the same and the City may require
nonconforming site improvements to be brought into conformance
according to Subsection 509.25 of this Code. Decisions of the Director
may be appealed to the City Council. The Director may determine that a
proposed minor amendment is in fact a major amendment and may refer
such proposed amendments to the Planning Commission and Council
according to the procedure established in "clause d," below. Application
fees for a minor amendment to a site plan are set forth in Appendix D of
this Code.
d) Review of major amendments. A • •• e - ••- •. ••- • _ - • - - -
shall be considered by the Planning Commission at a public h ring. The
Planning Commission shall make a recommendation to the City Council.
Council. Major amendments to a site plan shall follow the application
procedure set forth in this subsection for issuance of a new permit
(beginning at 547.13, Subd. 4).
Sec. 6 Subsection 547.15, Subdivision 2, clause "a" of the Richfield City Code is
amended to read as follows:
a) A signed consent agreement, provided by the City, statement agreeing:
i. That the applicant, owner, operator, tenant and/or user has no
entitlement to future reapproval of the interim use permit;
ii. That the interim use will not impose additional costs on the
public if it is necessary for the public to fully or partially take the
property in the future; and
iii. That the applicant, owner, operator, tenant and/or user will
abide by conditions of approval that the City Council attaches to the
interim use permit.
Sec. 7 Subsection 547.15, Subdivision 3, clause "d" of the Richfield City Code is
amended to read as follows:
d) The use is similar to existing uses : - '--e • •- - - - - in which
the property is located the area;
Sec. 8 Subsection 547.15, Subdivision 5 of the Richfield City Code is amended to
read as follows:
Subd. 5. Termination. An interim use permit shall terminate upon the
occurrence of any of the following events; whichever first occurs:
a) The date stated in the permit; or
b) Upon violation of conditions under which the permit was issued;-ef
Sec. 9 Subsection 514.05, Subdivision 6, clause "f" is amended to read as follows:
f) Any expansion,,or installation or replacement of a driveway, parking or
turnaround area on a lot shall be subject to a city permit;
Sec. 10 Subsection 518.05, Subdivision 6, clause "f" is amended to read as follows:
f) Any expansion,or installation or replacement of a driveway, parking or
turnaround area on a lot shall be subject to a city permit;
Sec. 11 Subsection 522.05, Subdivision 6, clause "f" is amended to read as follows:
f) Any expansion,or installation or replacement of a driveway, parking or
turnaround area on a lot shall be subject to a city permit;
Sec. 12 This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 26th day of
July, 2011.
4,0 /do
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbj ity Clerk
1
Vdww MinnLoca com City of Richfield
(Official Publication)
411M, RESOLUTION NO.10538
RESOLUTION APPROVING SUMMA-
RY PUBLICATION OF AN ORDINANCE
""°"" AMENDING SUBSECTIONS 507.07,
..... ...it � SUBDIVISION 129;547.07,--- SUBDIVI-4, 9
-- MEDIA A A DN11;547.11,SUBDIVISIONS 1S,3,4,
AFFIDAVIT OF PUBLICATION THROUGH 4 AND 11;ANDS IONS
SUBDIVISIONS 2,3 AND 5 RELATED
STATE OF MINNESOTA ) TOTHEADMINISTRATIONOFZONING
PERMITS;AND SUBSECTION 514.05,
)SS. SUBDIVISION 6;SUBSECTION 518.05,
COUNTY OF HENNEPIN ) SUBDIVISION 6;AND SUBSECTION
522.05,SUBDIVISION 6 RELATED TO
Richard Hendrickson, being duly sworn on DRIVEWAY PERMITS
an oath,states or affirms that he is the Chief WHEREAS,the City has adopted the
above referenced amendment of the
Financial Officer of the newspaper(s)known Richfield City Code;and
as WHEREAS, the verbatim text of the
Richfield Sun-Current amendment is cumbersome,and the ex-
pense of publication of the complete text
is not justified.
NOW THEREFORE,BE IT RESOLVED
and has full knowledge of the facts stated by the City Council of the City of Richfield
below: that the following summary is hereby ap-
proved The newspaper has complied with all of Proved for official publication:
the requirements constituting qualifica SUMMARY PUBLICATION
tion as a qualified newspaper as provid BILL No.2011-17
ed by Minn. Stat. §331A.02, §331A.07, AN ORDINANCE AMENDING SUB-
y § § SECTIONS 507.07,SUBDIVISION 129;
and other applicable laws as amended. 547.07,SUBDIVISION 3;547.09,SUB-
(B) he printed public notice that is attached DIVISIONS 4,93 AND 11;547.11,SUB-
) p p DIVISIONS 1,3,4,9,AND 12;547.13,
was published in said newspaper(s) SUBDIVISIONS 1 THROUGH 4AND 11;
once each week,for one successive AND 547.15,SUBDIVISIONS 2,3 AND
5 RELATED TO THE ADMINISTRATION
week(s);it was first published on Thurs- OF ZONING PERMITS;AND SUBSEC-
day,the 4 day of August TION 514.05, SUBDIVISION 6; SUB-
SECTION 518.05, SUBDIVISION 6;
2011, and was thereafter printed and AND SUBSECTION 522.05, SUBDIVI-
published on every Thursday to and in- SION 6 RELATED TO DRIVEWAY PER-
cluding Thursday, the ___ day of MITS
2011;and rinted This summary of the ordinance is pub-
p lished pursuant to Section 3.12 of the
below is a copy of the lower case alpha- Richfield City Charter.
bet from A to Z, both inclusive,which is This ordinance makes the following
hereby acknowledged as being the size changes to the City Code: revises crite-
Y g g ria related to the consideration of vari-
and kind of type used in the composition ances to match State Statute language;
and publication of the notice: prevents the expiration of conditional use
permits and variances when building per-
mits have been issued and substantial
abcdefghijklmnopqrstuvwxyz work performed;clarifies the administra-
tive process for amending approved site
plans and the definitions of major and
minor amendments to site plans;revises
/ submittal requirements related to interim
use permits to include a signed state-
BY: fe � � ment rather than a consent agreement;
revises conditions under which an inter-
CFO im use permit can be issued and shall ex-
pire;and clarifies that a permit is required
for driveway replacement(as has been
the case since 1994).
Subscribed and sworn to or affirmed Copies of the ordinance are available for
public inspection in the City Clerk's office
before me on this 4 day of during normal business hours or upon re-
August 2011. quest by pmuty Deeentt a (612)861-9760.
Adopted by the City Council of the City of
Richfield,Minnesota this 26th day of July,
2011.
Debbie Goettel,Mayor
Notary Public ATTEST:
.: ,, -. Nancy Gibbs,City Clerk
DIANE L ELIASON (Aug.4,2011)D2-BillNo2011-17
1
NOTARY PUBLIC-MINNESOTA
it * My Comm.Expires Jrm.31.2015