11-28-1972CITY OF RICHFIELD
PLANNING COMMISSION AGENDA
NOVEMBER 28, 1972
CALL TO ORDER: 7:30 p.m.
ROLL CALL
APPROVAL OF MINUTES; October 26, 1972
ESTABLISHMENT OF FINAL MEETING DATES IN DECEMBER, 1972
Regular Business and/or Public Hearing Items:
Item #1, Vacation: Alternative proposals to vacate a portion of Xerxes Avenue in
connection with the joining of York Avenue with Xerxes
Avenue at the Xerxes Avenue bridge across 1494.
Item #2, Case 72-SP-7 Edward H. Mattson Special Use Permit to
6545 Nicollet Avenue establish a garage for major
repair of automobiles within
an existing gasoline service
station.
Study Items:
Item #3 Ordinance Change: Consideration of proposed changes to the
outside storage and merchandising standards of the city as
related to commercial business within the city.
Item #4 Ordinance Change: Consideration of proposed change to city
ordinance as related to storage of "junk cars" in gasoline
service stations.
Correspondence Items:
None
Communications Items:
None
ADJOURNMENT: 10:30 p.m.
DATE October 26, 1972
November 28, 1972
CITY OF RICHFIELD
PLANNING COMMISSION AGENDA
Item #1
Case: None
Originating Department: City Council
Action Requested: Study and selection of alternative traffic design for York
and Xerxes Avenue where they are proposed to join at the
bridge across 1494.
Exhibits: Copies of two alternative plans
The Planning Commission continued consideration of this item from October 26 to
give staff time to Contact staff representatives of Edina and with the Hennepin
County Highway department and invite them to tonight's meeting and provide further
information on this project.
Commission members will recall that as a part of the Yorktown Development project
it was proposed to extend York Avenue to the south and in some way connect
York Avenue to the Xerxes Avenue bridge over Highway 494.
The Village of Edina has supplied us with two alternate plans for accomplishing
this objective. Copies of the two plans are attached hereto.
The staff has worked with Edina officials in the development of these alternate
plans and has had some discussions with some of the residents in the area.
The City Council considered these alternates at their October 11 meeting and
referred the matter to the Planning Commission for further study and recommendation.
The Planning Commission should study these alternatives and propose to the
Council the one that it feels to be most appropriate in meeting the transportation
and land use objectives that the Commission feels should be encouraged to take
place in this area. Once this is done, it would be necessary to initiate
action to vacate a portion of Xerxes Avenue. The extent and exact configuration
of the vacation will depend on the alternative selected by the Commission.
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DATE November 28, 1972
CITY OF RICHFIELD
PLANNING COMMISSION AGENDA
Item #2
Case: 72-SP-7
Originating Department: Planning Department
Action Requested: Special Use Permit for a garage in existing filling station
Exhibits: Site location map, Copy of Section 3.33, Subdivision 3, Paragraphs
a through o of the city code.
Mr. Edward H. Mattson requests approval of a special use permit to allow the
service bays of the existing filling station at 6545 Nicollet Avenue to be used
to repair automobiles brought into the station for servicing. A sketch showing
the location of the property to which this request is applicable is attached
hereto.
The property at one time was approved for use as a gasoline station. Subsequent
to this approval, the station was converted to a gasoline "station store" type
of operation which merchandised and sold limited grocery and other household
items in addition to gasoline and oil products. The intent now is to reconvert
the station store back to a gasoline service station with automotive repair
service as an important characteristic,of the operation.
The applicant first approached the Chief Inspector of the city to determine what
process had to be followed to allow the automotive repair service to go into
this station. He was advised that a special use permit to operate a garage as
a part of this service station would have to be obtained from the city. This
explains why the applicant is before the Commission with this request this
evening.
At the time this agenda item was being prepared, no additional information in
the form of plans or a statement on what type of repair service would be provided
or how it would be managed had been submitted to the Planning Director. Therefore,
the Planning Director reserves his final recommendation on this request until
the applicant has presented his case to the Commission during the meeting.
However, it appears that this request presents no serious problems in terms
of what the code requires.
The Planning Director recommends that the Commission review the findings of
Section 3.33, Subdivision 3, Paragraphs a through o of the city code to assure
that all of them can be complied with and satisfied by this request.
A copy of this section of the code is attached hereto for the use of the
Commission in its evaluation of this request.
s
for storage, loading, unloading Or S1Ciil12' FcCIl LVlti_es
3>33. USE REGULATIONS FOR "C-?" GENE -RIVE, CC:•"�;RCJAL, DTSTRICT,
SSubdivision 1. Permitted Uses. In a Ge _-al Commercial_ district, unless
— OtCtc^rCT:LSe provided-
ltt th1S ct?:zpter, the 'ul1O T1ng uses are permitted:
(1) Any use pehmitted in an "R" district or an "MR" district upon Cori
plia!?ce z•,:itti the paCc�cedural requirerl?nts zor such district provided that
no one -family, too-famor multi mleng0 i folshall be constructed
in this district Without first obta:i_nin`- a special use permit therefor in
accordance •ui_th provisions of Section 3./.l
(2) Any commercial use permitted in a %-1" district, subject to the
procedural requirements contained in this section.
(3) Ratail stores and shops, including soda fountains,
(4) Financial institutions, telephone and telegraph offices, messenger
offices and professional offices,
(5) Carpenter, furniture repairing and upholstery shops, book binding
shops, dress making s'nops, shoe repairing or dyeing shops, newspaper and
job printing establishments, electrical, tinsmithing, plumbing, decorating
shops, self service laundries and outdoor advertising signs.
(6) `free trimming services provided that such services do not include
storage accumulation or keeping of wood or tree trimmings on the premises.
(7) Accessory uses and structures incidental to any permitteduse, but
not including the open storage of equipment or materials.
Subd, 2. Uses by Special Use Permit. :`the following uses shall be pe mit-
ted only upon the procurement of a special use permit pursuant to
Section 3.41: -
(1) Undertaking establishments.
(2) Any drive-in business cohere people are served in automobiles.
(3) Automobile camps and courts,
(4) Hotels, motels, restaurants, cafes, gasoline service stations,
public garages, car sales lots, and theatres,
(5) Other business uses which are determined by the council to be of
the same general character as the uses enuc?rated in this section and which
will not be obnoxious or detrimental to the area in which they would be
located.
Subd. 3.- Regulations Relating -to Gasoline Service Stations, _Pub:, C'arages
and Car Sales Lots. A special use per1-11i t Tor a gasoline service station,
a public garage or a car sales lot shall not be granted unless the council
finds that the proposed use will be in substantial compliance wii.h the
following standards:
(a) The use/ site will not abut a lot c•< ich is in an "R" district.
For the purposes of this paragraph, a lot-c•T!ich merely adjoins the use site
at one corner'will not be deemed to abut the site.
(b) The use will not create undue traffic haaards or traffic congestion
by reason of the turning movements which vehicles would make in entering
or leaving the site.
(c) No driveway, at the point it crosses the property line of the site
will be within 40 feet of an intersection. An "intersect: ion" as used in
this paragraph means the point of intersection of the extended curb lines
if the curbs on the near side of the site, and measurement shall be along
such extended curb lines.
67 3/23/70
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y s t . -'_ _ll �)a 120 fC!Z,t and C n a*
a ?a Uf ti?e siLO -,rill b? 12 000 s rL'are feet for '� st l i c c On TIi%I.-!-Oi_L'
75 Or iCSS; c Rd Stc tiQit3 11iin CZC)rC L)L_;�5 TTLlI h?V^ S 1fiJ_Ci2Tt_add itLo=
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(T_) O dr i-veUz1% will b,_ flared Ou t;Ta _- or, the JOtlle-,ic?rCC in_ such a
T•:_2y O-S Lo eilc-ZU'ch upon Lh, iJOin�C;r�L"C Uc 2_'" - t- r r�
�c._ ):op,!rty.
(� 1_I': Sfc%10Ct C'L'= "T- :•:L 1 C C:?7 3' :' i ''i U h
O � _tl_ Ot_.C--S r c.r. parlkincri�
si-gn cols t;_uction and other regulations of he ci ty,
{ (f1) Any Z2CI'S2 ^d b 1.i C^r Or sere n-L , ---e w )-I be so consi_ructeCl as
t) 'obstruct headli-Sht 1J22Ct5 of auiOWOJ L??S C tt_? Sin�lOn p7 Op?rCjl fro
onto adjacent residential property.
(i) £ump islands will not be so clos- to strew` or adjacent property
:Lines as to creme the:. litcalihood of encroac .gene by vehicles upon street
r_ighL-of--way, sides-calkareas or adjacent property,
(j) Only one perTanent detached ground displa sign desta Y 11Pd l tJpa may'
be eracted on the street frontage at or near t1aa prcperty lina adjacent
to the street, except that if the-. frontage 00
150 :Feet, two such signs nay be allowed by tie council on sZich Frontage,
subject to any other applicable sign regulation.
Qt'). All exterior lighting t-Till be so designQd, placed and op�7-at: d
9
as not to be a nuisance -to adjacent properties
(1) if the station or garage is to be located in a shopping center or-
cther integrated development, it will be in architectural har�tor_y with the -
rest: of the center or development.
(n) the station or garage will not prav?de for the outdoor- operation
o:F lubrication equipment, hydraulic lifts or service pits, or the outdoor
di_splay of merchardi_se; but the outside underground storage of gasoline
and other petroleum products bettaeen pulps, or the totporary display of
r:.erchandis.e i�rithin 4- feet of the station bui ldi_ng - is perTitted.
(cI) If the station or garage is not to be located on a county road or
state higcr;�ay, it. shall not be operated beL wan the hours of .11:00
and 6:00 a.m. of the following, day.
(o) If the site is at an intersection, provision will be made for an
unobstructed area On .the site, adjacent to aad within 50 feet of the inter_.
section, free of vehicles, signs (other than'a pedestal sign), displays
or other materials which tend to ob-struct i:.tersection visibili ty.
Subd. ire Re-ulations Pelntin to hotels L-_`OtelS Rest`uran%s and Cayes
A special use permit shall not be grani- d fO':' -- hotel, r:0~mil, restauianL
or cafe unless the council finis tila t the � 1 �c
pi_OpOS.e L3_ uill be -substantial
CO??pI!.a^CE' .'? :'Ct t'C = Ll i t t� tTl �lll) �l.us ir1
o- o:ji ng s =- - - ds
(a) the use will not create undue traffic hazards Or traffic COI?geStLOn
either on the public streets adjacent to the site Or Oil the p�.riCZ'Ll� c1C2
as
on or adjacent to the sites or on streets adjacent to the site unto which
traffic to or from the site is channeled.
(0) Ad,e_quate provision will be made, through the use of building set
backs, buffer areas, screening, and exterior treattment or plzcement OF the
building On the site to avoid noise, glare, rt e ;, dust, and any Other
sourCC' s Of nuisance Or annoyance to adia Ce:IL Properties.
63 3/23/70
DATE October 26, 1972
November 28, 1972
CITY OF RICHFIELD
PLANNING COMMISSION AGENDA
item #3
Case: None
Originating Department: City Council
Action Requested: Study of proposed revisions to the existing outside storage
and merchandising regulations of the city.
Exhibits: Report from special study committee (attached to October 26, 1972 agenda)
Several months ago, the City Council established a special committee to look
into city regulatory standards currently applicable to commercial businesses
interested in storing or displaying merchandise obtained by these businesses for
sale to the public. Businessmen within the city complained that current
regulations were too restrictive and impractical in so far as modern day
merchandising techniques are concerned. The Committee was instructed to study
the problem and report back to the Council with recommendations designed to
resolve the problem.
One member selected to the Committee was the current chairman of the Planning
Commission, Duane Edberg.
The Committee worked over several momths studying the problem and identifying
ways that problems could be overcome. On September 25, 1972, the Committee
presented its report to the Council. This report contained a number of specific
recommendations for amending the existing code regulations which were found
incompatible with current storage and merchandising practices of commercial
businesses within Richfield.
The City Council received the report, thanked the Committee for its work, and
referred the matter to the Planning Commission for study. The Commission should
determine how it desires to evaluate this information and report back to the
Council on the appropriateness of its proposals. It should be kept in mind
that the revisions proposed in this ordinance change are in response to
certain inequities,as viewed by certain businessmen within the city, felt to
exist in the current standards. The issue before the Commission is do
the amendments go tcwfar, or are they appropriately designed to overcome these
inequities through the promotion of more reasonable standards?
It is the Planning Director's feeling that the report of the Committee is
complete and sufficiently adequate to not warrant a detailed analysis by
the Commission beyond satisfying the needs of the aforementioned issue.
It is hoped that the Commission's review of this matter will be completed in
time to formulate a recommendation for referral and consideration by the City
Council at its meeting of December 11, 1972.
DATE November 28, 1972
CITY OF RICHFIELD
PLANNING COMMISSION AGENDA
Item #4
Case: None
Originating Department: City Manager's office
Action Requested:
Exhibits: Ordinance proposal and memorandum from City Manager, as attached.
The city manager has requested that the Planning Commission consider the
attached ordinance proposal which establishes regulatory measures aimed at
controlling location of junk cars at gaoline service station sites within
the city. This proposal should be considered in conjunction with those
regulatory provisions considered under Item #3 in tonight's agenda. The
manager is requesting that a recommendation on both of these ordinance
changes (Items #3 and #4) be developed by the Commission and referred to the
City Council for consideration at its December 11, 1972 meeting.
CITY OF RICHFIELD, MINNESOTA
TO
FROM
Office of
City Manager
Robert Worthington DATE November 20, 1972
Planning Director
SUBJE -T
Wayne S. Burggraaff Additional Ordinance Draft
Concerning Outside
Storage at Gasoline Service
Stations
In answer to a recent request which I submitted to the city attorney's office, I
have received the attached letter and draft of an ordinance concerning automobile
storage at gasoline service stations.
The enforcement of our present regulations have been particularly difficult and
I believe that this ordinance amendment would substantially improve our ability
to regulate the storage of junked autos.
I would like to submit this to the city council as soon as possible, but it
occurred to me that it would probably be appropriate to submit it at the same time
the more comprehensive ordinance amendment on general outside storage and
merchandising is submitted to the city council. Therefore I would appreciate it
if you would include this particular provision with the others which you now have
under study and which will be reviewed by the planning commission at their next.
meeting.
Assumming that the planning commission completes their review and makes a
recommendation, it will be possible to submit both this ordinance amendment and
the other more comprehensive amendment to the city council at the December 11,
1972 city council meeting.
Wayne S . Burggraaff
City Manager
LAW OFFICES
HOWARD, LEFEVE_RE, LEFLER, HAMILTON AND PEARSON
2200 FIRST NATIONAL BANK BUILDING
CHARLFS B. HOWARD
CLAYTON L. L<_FEVERE M I N N EAPOLIS, M I N N ESOTA 55402 TELEPHONE
IERBERT P. LEFLER (612) 333-0543
JOSEPH E.HAMILTON -
CURTI.S A. PEARSON
J. DENNIS O' RIEN
JOHN E. DRAWZ
JOHN F3. DEAN
JOHN E. DIEHL (�
DAVID J. KENNEDY October 23, 19 !)
2
Mr. Wayne S. Burggraaff
City Manager
City of Richfield
6700 Portland Avenue South
Richfield, Minnesota 55423
Dear Mr. Burggraaf f
Enclosed is a draft ordinance prepared by Dave
Kennedy on auto storage at gasoline service stations
prepared in response to your request of October 4.
The amendment would retain the present prohibition
against the storage of junked autos except pursuant to
a police directive, and introduces a concept of posting
other autos received for repair and routine maintenance
by service -stations. Whether such a device -will completely
solve the enforcement problem connected with the present
seven-day limit on keeping such cars is problemmatical,
but Mr. Roesler seems to think it might improve the
situation considerably.
CLL;gem
Enclosure
0
Very -truly yours,
Clayton L. LeFevere
Ar`�N!X' 1''NT TO C '?TER VI,
SECTION 6.02, SUBDI,;ISIONS 2 and 5
OF THE ORDINA?iCE COD.'E OF THE CITY OF
. RICI-IF IY'LD, :`=: '`I:"SOTA
CITY OF AICHFIELD DOES ORDAIN:
Chapter VI, Section 6.02, Subciiv-ision 2 of the ordinance: code
of the City of Richfield relating to gasoline and oil service
stations, is amended by adding the-ollowing paragraphs: ,
" (2) The terra "junked motor vehicle" means a motor vehicle
as defined in 1innesota Statutes Section 169 . 01, which is lacking
in vital component pares, or is in an inoperable condition such
-that it has no substantial further ,Ise consistent <<rith its usual
functions: "Vital component parts" leans those parts of a motor^
vehicle essential to its mechanical functioning, including but
not m, and. wheels.
(3) "Motor vehicle in need of repair" means a motor vehicle
which is inoperable and which has been received at a gasoline
service s-Lation, to the normal cou=-se of its busi_nes_s, for the
performance of minor automotive iai„tenance and repair."
Chapter VI, Section 6.02, Subdivision 5, paragraph (2) is
repealed and a new paragraph to read as follows is added:
"(2) (a) Junked vehicles may not be stored or kept on service
station premises except pursuant to police directive. When so
spored pu iced vehicles shall be suital.y screened from public view.
����-�---fib Motor vehicles in nee;needi of repair may be stored or
kept on service station premises fo_ a period not to exceed seven
days. Any vehicle so stored or kept -shall be plainly marked by a
placard or poster supplied,by the city, 8 1/2 x 11 inches in size,.
placed in a conspicuous location inside the vehicle, bearing the
terms: "This isvehicle received by t- ii s station for repair on �kDate)
1 motor vehicle in need of repair - -�T be stored or -.kept in: excess
of seven days pursuant to police directive. Failure to post a_
motor vehicle as required by this -paragraph i— —`s unlawful.�`�
Passed by the City Council of the City of Richfield, Minnesota,
the day of , 1972.
Attest:
0
Clerk
Mayor