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2011-19 BILL NO. 2011-19 AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING SUBSECTIONS 512.03; 512.07; 512.09; 525.11, SUBDIVISION 1; 527.11, SUBDIVISION 1; 532.11, SUBDIVISIONS 1 AND 2; 534.11, SUBDIVISIONS 1 AND 2; 537.03, SUBDIVISION 1; 544.13, SUBDIVISION 5 AND BY ADDING NEW SUBSECTION 534.07, SUBDIVISION 24 AND SUBSECTION 537.05, SUBDIVISION 11 RELATED TO HORTICULTURE, ANIMAL KENNELS, MINIMUM LOT AREAS, SETBACKS AND TATTOO SHOPS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 512.03 of the Richfield City Code is amended to read as follows: 512.03. Permitted uses in all districts. Except when otherwise noted, the following uses shall be construed to be permitted in all zoning districts within the City. a) Public streets and highways; • b) Underground public utilities; c) Parks and related recreational facilities owned by a governmental unit; d) Solar equipment as an accessory use; and e) Horticulture _sale of products is conducted on the lot. / community gardens as an accessory to an established institutional use (school, church, park), provided that plants and related materials are maintained in a clean and orderly manner and that waste is disposed of appropriately. Section 5 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use I S-0 1 C-1 I C-2 1 1 Adult businesses ININIPI Animal kennels ININIP/CI _ ! Apartments within a 1 A i NC I C commercial building 3 : Assembly, light N N A manufacturing, warehouse Auction houses N N P Auto mechanical / body N N C repair 3 : Auto detailing N N C Auto or boat sales N N C Auto stereo installation N N P service Auto washes N N C Barber or beauty shops 1 P/C 1 P/C I P/C Bicycle stores I N . P/C I P/C Bicycle repair shops 1 P/C 1 P/C I P/C Bowling alleys ININIPI Carpet or paint stores 1 N 1 P/C 1 P/C Cemeteries N N C Convenience store N P P Dance or physical culture P P P studios Day care facilities ICIPIPI .. Drug stores without drive-up 1 N 1 P/C 1 P/C facility Drug stores with drive-up N N C window Emergency shelter N N C Enclosed storage IA A A Fences, walls and hedges 1 A 1 A 1 A Financial institutions without 1 N 1 N 1 P drive-up service Financial institutions with N N C drive-up service Firearms related uses 1N1N1C1 1 Fortune telling iNINIP1 Funeral homes, mortuaries 1 N 1 N 1 C Furniture or appliance stores 1 N 1 P/C 1 P/C , , 3 Governmental buildings IPIPIPI 1 Grocery stores I N 1 P/C I P/C I care : Hotel or motel (6 or more ININICI I units) i Junk yard INIININI 1 Libraries, public IPIPIP : 1 Liquor store, municipal ININIPI 1 Nursing home IPIPINI Office, multi-tenant : storage (except as allowed : i I by Section 1135 of the City I i I Pawn shops & second hand : N : N I C I : Public utility, major ICICIC : 1 Religious institutions ININIP : : Restaurant, take-out only INICIP : I convenience food (Class III) I 1 or any restaurant with drive- I : 1 cafeteria (Class II) : multi-tenant) : Schools, public or private ININIP : I Service station INiNICI • Land Use I S-0 I C-1 I C-2 Tattoo shops N N C Taxi or limousine service N N P Theater, movie or live N N C entertainment Veterinary clinic N N P Section 6 Subsection 512.09 of the Richfield City Code is amended to read as follows: 512.09. Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use I MU- I MU- I MU-R N C Residential Townhome development IPIN1 N Multi-family dwellings (min. 3 I P P P units) 1 (but see 537.07 Subd. 2a) 1 Live-work units P P N Assisted living facilities, P P N nursing, rest homes Other Adult businesses N P P Animal kennels C C C Assembly & manufacturing N A I A accessory and subordinate to retail use Auto mechanical / body N C C repair Auto detailing INICI C Auto rental facilities as an 1 N A 1 A accessory to primary office •: Land Use I MU- i MU- I MU-RI N i C 1 : or hotel use Auto sales N N C Clinics A P P Convenience store P P P Day care facilities P P P Drive-up window or teller N C C service Firearms related uses N N C Funeral homes, mortuaries 1 N I P 1 N Governmental buildings 1A 1P1 A Health or athletic clubs, N P P spas, yoga studios 1 : Hotel or motel (6 or more N P P units) Hospitals N N P Libraries, public : PIP ! NI I Offices A P 1 P Parking 1A1A1 A Police sub-station P P P Public utilities A A A Recreational facilities, non- 1 P I P 1 P commercial, principal use I : Religious institutions IPIP1 A i Restaurant, take-out only P P P (Class IV) i . Restaurant, fast food / N C C convenience food (Class III) 1 : Restaurant, traditional or P P P cafeteria (Class II) Restaurant, full service N C P (Class I) Retail, neighborhood P P P services Retail, general services ICIPr P 1 Retail, regional services INICI P Schools, public or private P P C Service station N P P Service station / convenience I N 1 P 1 P store Tattoo shops INIP1 P Theaters, movie or live N N P entertainment Transit facilities A A r A Section X Section 525.11 of the Richfield City Code is amended to read as follows: 525.11. Dimensional and parking regulations for multi-family structures (excluding cluster home developments). Subdivision 1. The standards set out in this subsection apply in the MR-2 District. Minimum 15,000 sq. ft. lot size Minimum ,_91 - -- - -- e- - , -e•- -- - - - let-area a) For each parking stall under the multi family structure or underground, subtract 500 square feet per dwclling unit from the minimum lot arca per dwelling unit, but the total number of such - - --- - - - - - - , --- -.. square feet to the minimum lot area per dwelling unit. Minimum 75 feet lot width Minimum a) Efficiency—400 square feet per unit. floor area 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. Maximum 35 feet building height Maximum 30 % lot coverage (principal structure) Outdoor a) Two or fewer bedrooms: open space 325 square feet minimum per dwelling unit. requirements 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. Minimum a) Front: 30 feet. Setbacks b) Side i) Interior: the height of building or 20 feet, whichever is greater. ii) Street: 30 feet c) Rear: the height of building or 25 feet, whichever is greater Section X Subsection 527.11 of the Richfield City Code is amended to read as follows: 527.11. Dimensional and parking regulations for multiple-family structures. Subdivision 1. The standards set out in this subsection apply in the MR-3 District. Minimum 60,000 sq. ft. lot size Minimum 2,000 square feet per unit, adjusted as follows: let-area a) For each parking stall under the multi family structure or the minimum lot area per dwelling unit, but the total number of such subtractions shall not exceed the number of dwelling units. add 500 square feet to the minimum lot area per dwelling unit. Minimum 150 feet lot width Minimum a) Efficiency- 400 square feet per unit. floor area 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. Maximum 50 feet building height Maximum 30 % lot coverage (principal structure) Outdoor a) Two or fewer bedrooms: open space 300 square feet minimum per dwelling unit. requirement b) Three or more bedrooms: s 400 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 150 square feet to the outdoor open space requirements listed above. Minimum a) Front: 40 feet. setbacks b) Side i) Interior: the height of building or 30 feet, whichever is greater. ii) Street: 40 feet c) Rear: The height of building or 35 feet, whichever is greater Section X Subsection 532.11 of the Richfield City Code is amended to read as follows: 532.11. Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the C-1 district. All dimensions are in feet unless otherwise indicated. Minimum lot width 1 Interior lot: 60 i Corner lot: 75 [ Minimum lot area 8,000 square feet Maximum impervious 80 percent surface coverage Setbacks— building I Principal building I Accessory building 1 Front (see also Subd. 2) 1 30 30 Adjacent to arterial See Subdivision 2 roads Rear (see also Subd. 4) 1 1 : t Adjacent to R, R-1 or 1 4-510 8 MR-1 District Adjacent to non-R, R-1 1 5 5 or MR-1 District : I + , Street/corner side (but 1 20 20 see Subd. 3 &4) Interior side (see also Subd. 4) Adjacent to R, R-1or 1 4-510 408 MR-1 District Adjacent to non-R, R-1 1 5 5 or MR-lDistrict Maximum building height 1 30 15 Story limitations 2 stories 1 story Setbacks— parking (measured from the property line) 1 Front (but see Subd. 5) 8 Side/corner side (but 1 8 see Subd 5) : 1 Interior side : . 1 Adjacent to R, R-1 or I 10 MR-1 District Adjacent to non-R, R-1 1 5 1 or MR-1 District Section X Subsection 532.11, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Front setback reductions and maximums. a) The front setback requirement for a principal building on a lot may be reduced to no less than the average front setback of the existing principal building(s) abutting such lot, to a minimum of 25 feet, except when adjacent to a single-family house. b) The front setback requirement for a principal building on a lot located along an arterial road may be reduced to five (5) feet when a customer entrance is provided along that wall of the building. c) The maximum front setback for a principal building on a lot located along an arterial road is 40 feet or the average front setback of the existing principal building(s) abutting such lot, whichever is greater. In no case shall the front setback for a principal building exceed 60 feet. Section x Subsection 534.07 of the Richfield City Code is amended by adding new Subdivision 24 to read as follows: Subd. 24. Accessory outdoor animal relief area to animal kennel, provided the following conditions are met: a) The outdoor relief area shall not be located in the front yard; b) The outdoor relief must meet setback requirements; c) The outdoor relief area shall be screened from view of neighboring properties as approved by the City; d) The outdoor relief area shall be for the use of dogs only; e) No dogs shall remain unattended in the outdoor relief area; f) The outdoor relief area shall not be used as an outdoor kennel, animal run, animal play area or any other use not specifically identified in the conditional use permit; g) The outdoor relief area shall be maintained in a clean and sanitary condition at all times; h) Solid waste material shall be removed a minimum of once per day and disposed of in a sanitary manner; and i) If required by the Public Works Department, a filtration bed shall be constructed to ensure that liquid waste will not enter into the ground or the City's storm water system. Section X Subsection 534.11 of the Richfield City Code is amended to read as follows: 534.11. Dimensional requirements. Subdivision 1. The following dimensional requirements apply to the C-2 District. All dimensions are in feet unless otherwise indicated. Minimum lot width I Interior lot: 75 I Corner lot: 90 ...Minimum lot area.............. 9,000 square.feet Maximum impervious 85 percent surface coverage ................................................................................................................................:.......................................................................................................................................................................................................................: Setbacks— building 1 Principal building 1 Accessory building Front (see also Subd. 2) 1 35 35 Adjacent to arterial See Subdivision 2 roads Rear(see also Subd. 4).............. ................................................................. ......................... Adjacent to R, R-1 or I 2015 . 8 MR-1 District Adjacent to non-R, R-1 1 5 5 or MR-1 District Street/corner side (but I 25 25 see Subd. 3) Interior side (see also I Subd. 4 I Adjacent to R, R-1 or 1 2015 208 MR-1 District ,..........Adjacent to non-R....R-1............ ..........................................0_.................. 0_........................................... or MR-1 District I Maximum building height I 40 15 (but see Subd. 5) Story.._limitations..........................................................................._3 stories.................................................................._1....story... Section X Subsection 534.11, Subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Front setback reductions and maximums. a) The front setback requirement for a principal building on a lot may be reduced to no less than the average front setback of the existing principal building(s) abutting such lot, to a minimum of 30 feet, except when adjacent to a single-family house. b) The front setback requirement for a principal building on a lot located along an arterial road may be reduced to five (5) feet when a customer entrance is provided along that wall of the building. c) The maximum front setback for a principal building on a lot located along an arterial road is 40 feet or the average front setback of the existing principal building(s) abutting such lot, whichever is greater. In no case shall the front setback for a principal building exceed 60 feet. Section X Subsection 537.03, Subdivision 1 of the Richfield City Code is amended to read as follows. 537.03. Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts. Table 1. Uses of the Mixed-Use District The following abbreviations are used within the use table: P= permitted use A= accessory use C= conditionally permitted N= not permitted Use MU-R MU-C MU-N COMMERCIAL Regional retail services P C N General retail services P P C Neighborhood retail services P P P Restaurant Class I (serving alcohol) P C N Restaurant Class II (traditional/cafeteria) P P P Restaurant Class III (fast C C N food/convenience) Restaurant Class IV (take out only) P P P Service Station /convenience store P P N Convenience store , P P P Offices and clinics P P A Hotel/motel (defined as 6 or more rooms) P P N Mortuaries and funeral chapels N P N Health or athletic clubs, spas, yoga studios P P N Theaters, movie or live entertainment P N N Auto sales or lease—new vehicles C N N Auto mechanical or body repair shops C C N Auto detailing C C N Auto rental facilities accessory to a primary A A N office or hotel use Assembly and manufacturing accessory A A N and subordinate to a retail use Drive-up window or teller service C C N Use MU-R MU-C MU-N Adult business establishments as defined P P N and regulated under Subsection 1196 of the City Code Tattoo shops P P N Firearms related uses C N N Licensed day care facilities P P P Animal kennels C C C RESIDENTIAL Dwelling, townhouse N N P Dwelling, multi-family (min. 3 units) P P P (but see 537.07, Subd. 2a) Live —work units N P P Assisted living facilities, nursing, rest N P • P homes INSTITUTIONAL/PUBLIC Places of worship A P P Government offices A P A Police sub-station P P P Schools C P P Library N P P Parks P P P Hospitals P N N Transit facilities A A A Public utility A A A Section X Subsection 537.05 of the Richfield City Code is amended by adding new Subdivision 11 to read as follows: Subd. 11. Animal kennels. a) MU-N: Animal kennels shall be permitted in the MU-N District provided the following conditions are met: That full soundproofing is installed on all interior walls (including ceilinq) and that the area requirements of Subsection 537.07, Subd. 2 are met. b) MU-C: Animal kennels shall be permitted in the MU-C District provided the following conditions are met: That if located in a multi-tenant building, soundproofing is installed on all walls (including ceiling) that are adjacent to another tenant or residential common area. c) MU-R: Animal kennels shall be permitted in the MU-R District provided the following conditions are met: That if located in a multi-tenant building, soundproofing is installed on all walls (including ceiling) that are adjacent to another tenant or residential common area. d) Outdoor relief areas in MU Districts: Outdoor relief areas shall be permitted in the MU Districts provided that the conditions listed in 534.07, Subd. 24 are met. Section X Subsection 544.13, Subdivision 5 of the Richfield City Code is amended to read as follows: Subd. 5. Parking Lot Setbacks. Unless otherwise noted parking lots shall be set back in accordance with the following: a) Parking lots must be set back eight (8) feet from the right-of- way. b) Parking lots must be set back five (5) feet from adjacent commercial, multi-family residential and mixed use property. E) Parking lots must be set back 15 feet from adjacent single- family and two-family residential property with appropriate screening as required by Subsection 544.03 Subd. 5 for residential sites or Subd. 6 for commercial. Section X This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of September, 2011. Debbie Goettel, ayor ATTEST: ijd31A. Nancy Gib•e ity Clerk www,MinnLocaI.com City of Richfield (Official Publication) RESOLUTION NO.10557 RESOLUTION APPROVING SUMMA- RY PUBLICATION OF AN ORDINANCE AMENDING SUBSECTIONS 512.03; siwiw �_ 512.07;512.09;525.11, SUBDIVISION MEDIA SUBDIVISIONS 1D ND12;;534.11,SUB- AFFIDAVIT OF PUBLICATION SIONI10;;544.13 ,SUBDIVISION U5AIND BY ADDING NEW SUBSECTION STATE OF MINNESOTA ) 534.07, SUBDIVISION 24 AND SUB- SECTION 537.05, SUBDIVISION 11 ) SS. RELATED TO HORTICULTURE, ANI- COUNTY OF HENNEPIN ) MAL KENNELS,MINIMUM LOT AREAS, SETBACKS AND TATTOO SHOPS Richard Hendrickson, being duly sworn on WHEREAS,the City has adopted the an oath,states or affirms that he is the Chief above referenced amendment of the Financial Officer of the newspaper(s)known Richfield Ciry Code;and WHEREAS, the verbatim text of the as amendment is cumbersome,and the ex- Richfield Sun-Current pense of publication of the complete text is not justified. NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Richfield and has full knowledge of the facts stated that the following summary is hereby ap- below: proved for official publication: (A)The newspaper has complied with all of SUMMARY PUBLICATION the requirements constituting qualifica BILL NO.2011-19 AN ORDINANCE AMENDING SUB- tion as a qualified newspaper as provid- SECTIONS 512.03; 512.07; 512.09; ed by Minn. Stat. §331A.02, §331A.07, 525.11,SUBDIVISION 1;527.11,SUB- and other applicable laws as amended. 1=295 1;532.11,SUBDIVISIONS 1 pP AND 2;534.11,SUBDIVISIONS 1 AND (B)The printed public notice that is attached 2; 537.03, SUBDIVISION 1; 544.13, was published in said newspaper(s SUBDIVISIONSANDBYADDINGNEW p ) SUBSECTION 534.07, SUBDIVISION once each week,for one successive 24 AND SUBSECTION 537.05,SUBDI- week(s ;it was first published on Thurs- VISION 11 RELATED TO HORTICUL- 1 ) p TURF,ANIMAL KENNELS, MINIMUM day,the 22 day of September LOT AREAS,SETBACKS AND TATTOO 2011, and was thereafter printed and SHOPS published on every Thursday to and in- This summary of the ordinance is pub- lished pursuant to Section 3.12 of the cluding Thursday, the _ day of Richfield City Charter. ,2011;and printed This ordinance makes the following below is a copy of the lower case alpha- changes to the City Code: allows corn- bet from A to Z, both inclusive,which is munity gardens as an accessory to an established institutional use(e.g.school, hereby acknowledged as being the size church);expands the districts in which and kind oft a used in the composition animal kenn permitted condi- Yp p tions and allows els outdoor are relief with areas pro- and publication of the notice: vided that certain conditions are met;al- lows tattoo establishments in the mixed abcdefghijklmnopqrstuvwxyz use—community and mixed use—re- gional districts; removes density pre- scriptions from the multi-family residen- tial districts,as this is prescribed by the Comprehensive Plan;reduces commer- i cia building setbacks adjacent to single- and two-family dwellings to equal that of BY: 4, 111tAlrigr, the commercial parking lot setback of 15 feet;allows for reduced front setbacks for CFO commercial buildings along arterial roads so long as a public entrance is pro- vided;and establishes a maximum front setback of 60 feet for commercial build- Subscribed and sworn to or affirmed ings along arterial roads. before me on this 22 day of Copies of the ordinance are available for y public inspection in the City Clerk's office September , 2011. during normal business hours or upon re- quest by calling the Department of Com- munity Development at(612)861-9760. (9.deit, < Adopted by the City Council of the City of Richfield, Minnesota this 13th day of �- September,2011. Notary Public Debbie Goettel,Mayor .> ATTEST: JULIA I HELKENN Nancy Gibbs,City Clerk NOTARY PUBLIC-MINNESOTA (Sept.22,2011)D2-Res10557 f My Comm.Expires,Inn.31.2015