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2011-22 BILL NO. 2011- 22 AMENDMENT TO SECTION APPENDIX 1 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD (Lyndale Commons Planned Unit Development Plan and Rezoning) THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Findings of Fact. The City Council hereby makes the following findings of fact: A. The City's zoning ordinance establishes zoning classifications for individual property. The properties located at 6401 Lyndale Avenue, 515 64th Street West and 521 64th Street West are zoned C-2 (general commercial) and R (single family residential) [the "subject area"]. B. Michael Development has submitted an application to the City for a Planned Unit Development plan [the "PUD plan"] in the subject area. The PUD plan proposes to construct 94 residential units and 136 parking stalls. C. The City has reviewed the zoning ordinance and determined that it would be appropriate to rezone the subject area as PMR (planned multi-family residential) and approve the PUD plan to establish the regulations governing the PMR district. D. The Planning Commission has conducted a public hearing concerning the PUD plan and amending the zoning ordinance in the subject area. The Planning Commission recommended approval of the PUD plan and zoning ordinance amendment on June 27, 2011 and September 26, 2011 following a public hearing. The City Council considered the PUD plan on July 12, 2011, followed by a first reading of the rezoning on September 13, 2011 and second reading on September 26, 2011. E. The City's zoning ordinance provides criteria for approving a PUD plan and rezoning of property to a planned unit development. The City Council finds that the PUD plan and rezoning of property in the subject area meets the criteria in the following ways: 1) The proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plans: a) The City's Comprehensive Plan designates these properties as part of a larger mixed use district encompassing the 66th Street and Lyndale Avenue Area. b) The Comprehensive Plan describes the intent in this area "is to continue the expansion of the city center area by incorporating residential housing at 50+ units per acre..." c) The PUD plan and rezoning are also consistent with the following Comprehensive Plan Houisng Policy: "Encourage the creation of `move-up' housing through new construction and home remodeling." d) The PUD plan and rezoning are consistent with the Comprehensive Plan goal to, "Ensure sufficient diversity in the housing stock to provide for a range of household sizes, income levels and needs." 2) The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries: The building is designed to provide on-site amenities like greenspace and parking to the residents. The proposal also connects the site to the neighborhood through sidewalk connections. 3) The development is in substantial conformity with the purpose and intent of the original MR-3 zoning district, and departures from the original district regulations are justified by the design of the development. Setbacks have been reduced to provide for a more interesting building design, the incorporation of a large plaza area to be visible from Lyndale Avenue and to maximize tree preservation and usable green space. 4) The development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development: Right turns onto 64th Street from the development will be prohibited to minimize traffic in the adjacent neighborhood and utilities will be upgraded to accommodate the new building. Greenspace, including a tot lot, will be provided for use by the residents. The development also sets aside an area for an enhanced transit facility to serve the neighborhood as a whole. 5) The development will not have undue adverse impacts on neighboring properties: Traffic in the neighborhood will be minimized by prohibiting right turns out of the development. This movement is not currently prohibited from the commercial development. The site has been designed to locate the building closer to Lyndale Avenue and farther from the single-family properties to the east. The parking lot will be screened with a privacy fence and landscaping. 6) The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests: A final development plan, which establishes the terms and conditions of the development, is required before construction can commence. Section 2. Appendix 1 of the zoning ordinance code of the City of Richfield entitled "Richfield Zoning Code: Boundaries of Zoning Districts" is hereby amended: A. Section 3, Paragraph (26) is amended to read as follows: (26) M-5 (E of Lyndale between 64th and 65th) Lots 3 through 5 and Lots 4418 through 20, Block 6, Lyndale Oaks Addition except for the . Northwesterly 25 feet of Lot 18; and Lot 2, Block 2, J.N. Hauser's Second Addition. (Amended, Bill No. 2011-22). B. Section 8, new paragraph (6) is added to read as follows: (6) M-5 (Southeast corner of Lyndale Avenue and 64th Street West) Lots 10 through 17 and the Northwesterly 25 feet of Lot 18, Block 6, Lyndale Oaks Addition, together with that part of the vacated alley that accrued to said Lots by reason of the vacation thereof. (Added, Bill No. 2011-22). Section 3. This amendment constitutes a rezoning of the following property: R to PMR: 515 64th Street West C-2 to PMR: 6401 Lyndale Avenue South and 521 64th Street West Section 4. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 27th day of September, 2011. 1 I 0. ik / Debbie Goettel, Mayor ATTEST: Nancy Gibbs, i y Clerk www.MinnLocal.com City of Richfield (Official Publication) RESOLUTION NO.10565 RESOLUTION APPROVING SUMMARY PUBLICATION �� OF AN ORDINANCE AMENDING MEDIA OF THE APPENDIX 1 CODE OF THE AFFIDAVIT OF PUBLICATION WHERE Sl,the City has adopted the above referenced amendment of the STATE OF MINNESOTA ) Richfield City Code;and )SS. WHEREAS, the verbatim text of the COUNTY OF HENNEPIN ) amendment is cumbersome,and the ex- pense of publication of the complete text is not justified. Richard Hendrickson, being duly sworn on NOW THEREFORE,BE IT RESOLVED an oath,states or affirms that he is the Chief by the City Council of the City of Richfield Financial Officer of the newspaper(s)known that the following summary is hereby ap- proved proved for official publication: Richfield Sun-Current SUMMARY PUBLICATION BILL NO.2011-22 AN ORDINANCE AMENDING APPENDIX 1 and has full knowledge of the facts stated OF OF RICHF RICHFIELD below: This summary of the ordinance is pub- lished pursuant to Section 3.12 of the (A)The newspaper has complied with all of Richfield City Charter. the requirements constituting qualifica- This ordinance makes the following tion as a qualified newspaper as provid- changes to the City Code: changes the zoning designation of properties located ed by Minn. Stat. §331A.02, §331A.07, at 6401 Lyndale Avenue and 521 64th and other applicable laws as amended. Street West from C-2(General Commer- B The printed public notice that is attached cial)to PMR(Planned Multi-Family Res- ( ) p p idential);and changes the designation of was published in said newspaper(s) property located at 515 64th Street West once each week,for one successive from R (Single-Family Residential) to PMR(Planned Multi-Family Residential). week(s); it was first published on Thurs- The changes are consistent with the day,the 29 day of September City's Comprehensive Plan designation of"Mixed Use' 2011, and was thereafter printed and Copies of the ordinance are available for published on every Thursday to and in- public inspection in the City Clerk's office cluding Thursday, the _ _ day of during normal business hours or upon re- quest by calling the Department of Com- ,2011;and printed munity Development at(612)861-9760. below is a copy of the lower case alpha- Adopted by the City Council of the City of bet from A to Z, both inclusive, which is Richfield, Minnesota this 27th day of hereby acknowledged as being the size September,2011. and kind of type used in the composition Debbie Goettel,Mayor and publication of the notice: ATTEST:Nancy Gibbs,City Clerk abcdefghijklmnopqrstuvwxyz (Sept.29,2011)D2-Res-10565 BY: ∎∎�_,�_�_L / jr '_.. CFO Subscribed and sworn to or affirmed before me on this 29 day of September ,2011. Notary Public DIANE L ELIASON NOTARY PUBLIC-MINNESOTA T,, My Comm.Expires Jan.31.2015