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04-28-1987Page 3 Planning Commission Minutes March 24, 1987 M/Kritzman, S/Jensen to close public hearing. Motion carried: 9 to 0. Commissioner McDermott inquired if both lots would meet the minimum lot requirement of 6,750 square feet. Mr. Kazi stated that both lots would be conforming lots. M/McDermott, S/Erlander to recommend to the City Council approvalofthepreliminaryplatasshownforthepropertylocated_ at 7234_14th Avenue South with the stipulation that the existing garage be_removed or relocated to comply with city setback requirements Commissioner Jensen stated that the Planning Commission is dealing with the land use and the property owner has the right to subdivide a lot as long as the conditions are met and the citysetbackrequirementsaremet. Commissioner Lunas agreed with Commissioner Jensen but will vote to deny the subdivision because of the configuration of the lot and the potential crowding on the lot. Commissioner Erlander stated that the Planning Commission is not in the position to vote against a property owner who complieswiththelaw. He felt the Planning Commission would be exceedingtheirauthoritybecausethesubdivisionmeetsallthestandards. Commissioner Kennedy commented that a precedence would be established if the subdivision was approved. He also questionediftheapplicanthadanycommunicationwithhisneighbors regarding the subdivision. Mr. Gleason stated that he had talked to 2 neighbors, who were in favor of the subdivision. Commissioner McDermott stated that the requirements for land use goes with the property, not with the property owner. Motion carried: 7 to 2 (Commissioners Lunas and Kennedy voted denial) ITEM ~2, CASE X87-SUP-1, SPECIAL USE PERMIT REQUEST AT 6500 LYNDALE AVENUE SOUTH, WENDY'S RESTAURANT Mr. Towhid Kazi presented to staff report. Commissioner Murray questioned where the easement and setbacks were on the lot. Mr. Kazi stated that the easement is 20 feet and Wendy's structure is located 20 feet from the easement. Page 6 Planning Commission Minutes March 24, 1987 Commissioner McDermott abstained from voting because of her strong feeling of what belongs in redevelopment areas and does not agree with some changes in the LHN area, such as certain setbacks, but Wendy's does not negatively impact the health, safety and welfare of the people residing or working in the surrounding neighborhood. Commissioner Kennedy stated that the proposal was a responsible proposal and complies with the requirements of the law. Motion carried: 6-2-1 (Commissioner McDermott abstained, Commissioners Lunas and Murray denied) Mr. Karns stated that because of the cost of the sign he would like to withdraw his commitment to upgrade the parking lot. Mr. Jopke stated that the applicant must meet the stipulations of the special use permit, but the offstreet parking agreement would not be changed by the special use permit. Mr. Karns also stated he would like the option to put up either a wood or coppertone facia. Mr. Jopke stated that the facia material was not part of the special use permit stipulation. The Planning Commission believed that the applicant should meet with staff before the City Council meeting to settle on the material to he used for the facia of the building. ITEM #3, INFORMATION LETTER ~~15, DISCUSSION CONCERNING PROPOSED REVISIONS TO THE CITY'S SIGN ORDINANCE Mr. Rick Jopke introduced the sign ordinance to the commission in preparation for the study session scheduled April 6, 1987 with the City Council. ITEM ~4, INFORMATION LETTER X16, PLANNING COMMISSION BYLAW APPROVAL M/Herrboldt, S/Kennedy toamend Part I, Section 1. Reoular Meetings, by changing the meeting time to 7:00 PM. Motion failed: 5 to 4 (Denial by Commissioners Erlander, Jensen, Kauth, McDermott, Murray) M/Jensen, S/Kennedy to approval the current Planning Commission bylaws with the meeting time to start at 7:30 PM. Motion carried: 8 to 1 (Denial by Commissioner Herrboldt) Page 7 Planning Commission Minutes March 24, 1987 ITEM #5, INFORMATION LETTER X17, DISCUSSION CONCERNING POTENTIAL VACATION OF THE EXCESS RIGHT-OF-WAY AT THE INTERSECTIONS IN THE TINGDALE BROTHERS LINCOLN HILLS ADDITION. Mr. Rick Jopke presented the staff report. Commissioner Kauth inquired whether there were any other subdivisions similar to the Tingdale addition. Mr. Jopke stated that staff was not aware of any. Mr. Jopke stated that the Council gave first reading approval to an ordinance that would allow the city to initiate the vacation process. ITEM 6, INFORMATION LETTER X18, REVIEW OF PROPOSED 1989-1993 CAPITAL IMPROVEMENT PROJECTS. A joint meeting with the Community Services Advisory Commission and the Planning Commission was set for April 14, 1987 to discuss the Capital Improvement Program. Mr. Jopke was going to check the starting time. OLD BUSINESS LIAISON REPORTS ADJOURNMENT Barbara Kritzman Planning Commission Secretary unless he knows that the property can be rezoned to allow him to develop the dental office on the site. For that reason Mr. Johnson has asked that the City Council initiate the rezoning process. On March 23rd, the City Council initiated the rezoning process and referred the matter to the Planning commission for review and recommendation. Mr. Johnson has also requested that the city or the HRA purchase the property from the County. He would then purchase the property from the City or HRA. The city attorney's office has indicated that the city could not purchase the property and sell it to Mr. Johnson, but the HRA could. The HRA on March 16th indicated they are agreeable to purchasing the property if Mr. Johnson signs an agreement with the HRA in which he agrees to purchase the property from the HRA at cost. The advantage to Mr. Johnson in dealing with the HRA is that he does not have to bid at an auction for the property. According to state statutes, the HRA will have to create a 2 parcel redevelopment project to do this. This has not been done yet. Also in accordance with state statutes the Planning Commission will have to review the purchase and disposition of the property by the HRA for conformance with the city's comprehensive plan. Recommendation: It is recommended that the Planning Commission recommend that the City Council approve an ordinance to rezone the property at 6941- 45 Penn Avenue from PAR-2, multiple residence to C-1, limited business. It is further recommended that the Planning Commission pass the attached resolution finding the acquisition and disposition of the property by the HRA to be consistent with the city's comprehensive plan. Basis of Recommendation: 1. This property is vacant and has been vacant for a number of years. The development of the site, as proposed, will add to the tax base of the city. 2. A number of proposed multifamily developments have failed for economic reasons. 3. The site is on Penn Avenue which is a heavily traveled arterial roadway which would also indicate that some intensification of use might be proper. 4. The proposal would be "spot zoning". The site is not contiguous to another commercial zoning district. The site is currently zoned MR-2 which is also a "spot zone". The type of development being proposed would be compatible with the surrounding single family neighborhood if proper screening and buffering is provided. C I T Y O F R I C H F I E L D, M I N N E S O T A C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T Item ~k2 Case ~~87-RZ-2 Agenda of April 28, 1987 Planning Commission City of Richfield Issue Statement: Public hearing on the request for the rezoning of the property at 6229-31 Pillsbury Avenue South from single-family residential "R" district to Multiple residence "MR-1" district. Background Mr. and Mrs. Duane Mumm, property owner at 6229-31 Pillsbury Avenue South has requested that the city approve rezoning of her property from single family residence (R) district to multifamily residence (MR-1) district. The site has an area of 13,313.26 square feet. There is a two family dwelling already on the site which has been there for quite sometime. The existing two family use of the structure is legally nonconforming. There is a 22 foot x 45 foot garage located on the northeast corner of the lot and meets the requirements for accessory structure in MR-1 district. Zoning Ordinance Requirement: 1. Section 3.31A, Subdivision 9 outlines the requirements for multiple residence (MR-1) district. 2. Section 3.42, outlines the procedural requirements for rezoning of a property. Staff Recommendation: Staff recommends the Planning Commission to deny the request for rezoning of the property at 6229-31 Pillsbury Avenue South from single family residence (R) district to multiple residence (MR-1) district. Basis of Recommendation; Staff has reviewed the application against the city zoning ordinance and found the following: 1. The site meets the lot width, area and lot coverage requirement for (MR-1) multiple residence district. The existing building setbacks are 44 feet in the front, 56.86 feet in the rear, and 10 feet and 26.5 feet in the interior. The required building setbacks are 30 feet (front), 25 feet rear) and 10 feet (interior). The existing structure meets all the setback requirements for multiple residence (MR-1) district. 2. The existing two family use is permitted in multiple residence district, therefore the approval of the rezoning request would make the use legally conforming. The surrounding properties within the block are zoned single family residence and the existing land uses in the area are conforming to the zoning district classification. 3. The Comprehensive Development Plan indicates that the site should be medium density/buffer. Multifamily duplexes would be considered a principal use for the site. MR-1 zoning would be allowed in the area. This designation is for future development only and should not accommodate any existing uses on a piecemeal basis. The zoning ordinance does allow nonconforming uses to continue legally with the intent that the Comprehensive Plan designation and zoning classification would be compatible at some point in the future. The comprehensive plan also suggests that "medium density housing should be built along freeways, arterial streets, and collector streets where there would be minimal disruption of single family residential neighborhood". The site in question is near the freeway but Pillsbury Avenue is considered neither an arterial or collector street. The surrounding properties are single family residential use and are zoned "R" (single family residence) district. It is staff's opinion that the proposed rezoning would be contrary to the comprehensive plan land use policy. 4. It is staff's opinion that the approval of the rezoning would be a spot zoning and the city has been reluctant to pursue spot zoning in the past. The existing nonconforming use could continue. The city should uphold the intent of the zoning ordinance regarding nonconforming use and follow the comprehensive plan land use policies as closely as possible. Alternative Recommendation; The Planning Commission may wish to recommend rezoning of the property from single family residence "R" district to multiple residence MR-1 district for the following reasons; 1. The existing t~vo family use of the site would not be changedduetotherezoning. 2. The status of the existing legally nonconforming use would be changed to legally conforming use due to the rezoning. 3. The existing two family use does not seem to have any adverse impact on the health, safety and welfare of the neighborhood which is evidenced by the number of signatures obtained by the applicant in support of the rezoning. 4. The existing two family use is consistent with the Comprehensive Development Plan. Decision Mode Public hearing is scheduled for April 28, 1987 at 7:30 p.m. before the Planning Commission on the request for rezoning. A notice of the public hearing was sent to property owners within 350 feet of the subject property. Council Hearing: Council would give first reading to the ordinance amendment relating to rezoning of the property on May 11, 1987. Second reading and public hearing before the City Council will take place on May 27, 1987. Respectfully submitted, Towhid Kazi Assistant Planner TK/jls C I T Y O F R I C H F I E L D, M I N N E S O T A C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T Item ~~3 Case ~k87-RZ-3, 87-AV-1 Agenda of April 28, 1987 Planning Commission City of Richfield Issue Statement: Public hearing on the request for an alley vacation and rezoning of northerly portion of 6528 16th Avenue South from 'R' single family residence to 'C-2' general commercial. Background: Hines and Sons, Inc. and Mt. Calvary Church have petitioned the city to vacate the easterly half of a 12 foot alley between Bloomington Avenue South and 16th Avenue South and also to rezone the northerly 20 feet of the lot addressed as 6528 16th Avenue South from single family residence 'R' district to multiple residence MR-1 district. The lot proposed to be rezoned is vacant at the present time. The applicant wishes to construct a 3 story 15 unit apartment building for the elderly. The vacation of the requested portion of the alley would allow the church building to be structurally connected with the proposed apartment building thus providing convenience accessibility for the elderly residents to participate in church activities. The vacation of the easterly portion of the alley would provide each of the abutting property owners with an additional 800 square feet of land. The properties within 250 feet north of the centerline of West 66th Street are zoned C-2 general commercial all the way from 11th Avenue to Cedar Avenue. The zoning district boundaries in most cases do not conform with property lines in this area. This results in there being many properties where a portion of a lot is zoned C-2 and the remainder of the lot is zoned 'R' single family residence. The subject property is such a case. The rezoning being requested results in the total lot being C-2 general commercial. The properties abutting north side of the alley are single family residential uses. Two single family dwellings, the church and a commercial structure are located south of the alley. Two single family lots (6528 and 6532 16th Avenue) north of the alley along 16th Avenue are owned by the applicants. South of the alley the abutting single family dwelling west of the church is owned by a group of people associated with the church. The existing uses would remain the same except for the two properties at 6528 and 6532 16th Avenue. The single family residential uses on the properties abutting the alley are nonconforming. A special use permit would be required for the apartment use in a C-2 general commercial district. The applicant intends to apply for a special use permit if the council approves the vacation of the alley and the proposed rezoning. Zoning Ordinance Requirement: 1. Section 3.42, outlines the procedural requirements for rezoning of a property. 2. Section 12.04 (city ordinance), outlines the regulations for vacation of an alley. Staff Recommendation: It is recommended that the Planning Commission deny 1) the vacation of the easterly portion of the 12 foot alley located between Bloomington Avenue and 16th Avenue South; 2) approve the rezoning of the northerly 20 feet of the lot addressed as 6528 16th Avenue South from single family residence 'R' district to general commercial 'C-2' district. Basis of Recommendation: The basis for the above recommendations is the following: Vacation of Alley 1. The proposed vacation would create a dead end alley. This would make snowplowing and other maintenance activities extremely difficult because trucks would have to backup approximately 130 feet. This is not acceptable to city maintenance staff. 2. The existing alley provides access to the single family dwellings and the commercial property abutting the westerly half of the alley. The vacation of the portion of an alley would create maintenance problems and hinder smooth access to the two garages abutting the alley. 3. Utilities present within the alley are a 4 inch waterline and two power lines. Utility easements would have to be provided if the vacation is approved. Rezoning 1. The proposed rezoning would allow the property owner to have a single zoning district classification, i.e. C-2 general commercial, for the said property. 2. The proposed rezoning would not be "spot zoning". The area to be rezoned C-2 general commercial is contiguous to an existing C-2 general commercial zoning district. 3. North of the subject property are single family residential uses, south of the subject property is a single family use, to the east of the site is an institutional use and west of the site are single family residential uses. All the single family dwellings abutting the alley are rental properties. An apartment use of low/medium density would create a buffer between single family residences and the more intensive uses along 66th Street. 4. The comprehensive development plan designates the site to be developed as single family residential uses. C-2 general commercial zoning is therefore inconsistent. Alternative Recommendation. 1. The Planning Commission may choose to recommend approval of the vacation of the whole alley between Bloomington Avenue and 16th Avenue. Such an approval would have to be contingent upon proper access and maintenance agreements being provided. The city would also require utility easements. 2. The Planning Commission may deny the rezoning of the portion of the subject property because it is not consistent with the Comprehensive Plan. 3. The Planning Commission may deny the vacation of portion of an alley but approve the rezoning. Decision Mode: A public hearing is scheduled before the Planning Commission for 7:30 PM on Tuesday, April 28, 1987 in the Council Chambers. Notice of the hearing was mailed to property owners within 350 feet. First reading of the ordinances to vacate the alley and to rezone the property is scheduled for May 11, 1987. Second reading and public hearing on the proposed ordinances will be scheduled for City Council meeting on Tuesday, May 26, 1987. Respectfully submitted, z.~~ ~ Towhid Kazi Assistant Planner TK/jls C I T Y O F R I C H F I E L D, M I N N E S O T A C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T Item ~~4 Information Letter ~k21 Agenda of April 28, 1987 Planning Commission City of Richfield Issue Statement: Consideration of an ordinance amendment to create a new C-3 high density commercial zoning district and related requirements. Background• On March 2, 1987 the HRA and .Planning Commission met with the City Council to discuss a strategy for managing that portion of the ILN south of 77th Street. The primary management tool was to be a new zoning district identified as C-3 High Density Commercial. The development opportunity which the city has in the ILN area is unique and must be properly managed to realize its potential and the established goals. In general the goals include creating a favorable environment to foster the growth of appropriate businesses; minimizing or eliminating the conflicts between the residential and commercial areas; broadening the tax base; and providing for economic growth and employment opportunities. it will probably take 10 to 15 years to accomplish these goals in the area south of 77th Street. This conclusion is based on the market conditions and the LHN experience. In the LHN area, the redevelopment plan was approved in 1975. Construction on the first redevelopment parcel was initiated three years later in 1978. Nine years following, in 1987, the last redevelopment project may be initiated on the Graham Avenue site. Most of this development took place in a very growth orientated market. The city is ready for redevelopment in the ILN, but the market for appropriate development is "soft". The market is not growth orientated. The challenge then is to protect the redevelopment potential of the area until the market is ready. Staff has had discussions with developers and consultants. These discussions culminated on February 10th when the BRW consulting firm invited developers active in the greater Minneapolis market to a meeting which was also attended by Mayor Hamilton, HRA Chairman Harms and staff. (Attached is a summary of the discussion). The ordinance would require that new development meet minimum standards in terms of lot size and area and floor area ratios. Height restrictions to prevent shadows on single- family and two family dwellings would also be included. Four critical elements of the ordinance warrant comment Subdivision 3, Subdivision 6, Subdivision 9 and Subdivision 11. Subdivision 3 addresses nonconforming uses. Almost all of the existing buildings within the district would become nonconforming. Under this proposed ordinance such buildings could be expanded by no more than ten percent within any two consecutive calendar years. The existing zoning ordinance in Section 3.29, Subdivision 2, addresses nonconforming uses. There are two significant restrictions in the existing ordinance which would affect these structures. First, if a structure was damagedtotheextentthatitlostmorethan50% of its value, it could not be rebuilt. Secondly, existing uses which are not permitted under the proposed ordinance would also become nonconforming.The nonconforming uses created would be those which rely on outdoor storage. Under the provisions of Section 3.29, nonconforming uses could not be expanded to occupy a greater land area. Subdivision 6 regulates floor. area ratio. The FAR, or floor area ratio, establishes a relationship between the number of square feet of building and the square feet of lot area. This ordinance proposes an FAR of at least 0.75. Thus, a lot of 100,000 squarefeetwouldrequireabuildingofatleast75,000 square feet. To accommodate development with this FAR, multistory buildings and parking structures would be necessary. This minimum FAR requirement is key to achieving the aforementioned goals for the area. A model to help depict this concept will be used at the Planning Commission meeting. Subdivision 9 prohibits buildings of a height which would cast a shadow on land occupied by single-family and two-family dwellings between the hours of 9:00 a.m. and 3:00 p.m. An exception could be made to this restriction, however, if a developer proposed a mitigating measure. An example of such a measure would be the purchase by the developer of a solar access easement from the impacted property owner. Subdivision 11 deals with parking. The parking standards in this ordinance vary from the present requirements of the city. Restaurant parking requirements are slightly less than the existing ordinance. For the office space the proposal requires slightly more spaces than existing requirements for small office buildings and less for larger office buildings. The lower requirements are justified because the type of development required by this proposed ordinance through the FAR and other minimum standards would result in development with shared parking. Parking provided on a shared bases is utilized more efficiently and thus the number of spaces required is less. The parking standards in this proposed ordinance are based on the experience of the consulting firm of BRW and the Institute of Transportation Engineers. Recommendation It is recommended that the Planning Commission recommend that the City Council approve an ordinance to create the C-3 zoning district and related requirements as outlined in the attached materials. Basis of Recommendation: The new zoning district ordinance and the rezoning of this property to the C-3 designation are critical to the successful management of the ILN area. The goals of broadening the tax base, providing for economic growth and employment opportunities, fostering a favorable environment for appropriate businesses and eliminating the conflicts between the residential and commercial areas, can best be achieved this way. The creation of this new zoning district is also consistent with the goals and policies of the city's Comprehensive Plan. The Comprehensive Plan also indicates that the area along I-494 should be developed as high density freeway strip type uses. The Comprehensive Plan also indicates that the freeway strip policy will be "To establish a design plan to coordinate development of the I-494 strip which encourages high density mixed land use." The proposed ordinance revision will help bring this about. Alternative Recommendations: 1. Reject the proposed zoning ordinance revision. 2. Modify portions of the proposed zoning ordinance revision. Decision Mode: 1. If a new zoning district is to be utilized as a management tool for a portion of the ILN, it must be in effect prior to September 22, 1987 when the building permit moratorium expires. 2. The City Council has referred the concept to the Planning Commission. A public hearing on the item has been scheduled for the April 28, 1987 Planning Commission meeting. Mailed and published notice of this hearing has been provided. 3. Two informational meetings have been held. On April 21, a meeting has been scheduled for business people from the area at 8:00 a.m. at the American Legion. In the evening at 8:00 p.m. a meeting has been scheduled for the residents. It will be held at Emerson Avenue Congregational Church. 4. Staff has met with some of the existing property and/or business owners in this area who have indicated an interest in redevelopment in this area to review the future direction of the city in this portion of the ILN. Respectfully submitted, Rick Jopke City Planner RJ/jls DATE: T0: SUBJECT: MEMORANDUM February 10, 1987 City Council/HR.A Summary of ILN Redevelopment Project Workshop with BRW Consultants, City Staff, Policy Makers and Developers LOCATION: BRW Office - 700 Third Street, Mpls. Peter Jarvis, a principle with BRW opened the meeting by stating the purpose. Three primary questions summarized the purpose. 1 Within the next 5 years, is the market for the area in question (I494 freeway, property frontage west of Lyndale Avenue) going to ire as strong as was perceived when the planning study was initiated 2 years ago for office, retail and residential development, i.e., should the city continue to pursue dense development for the area? 2 How important is it for the city to be involved in site assembly vs. developer being responsible for most of the site assembly and allowing the development market to define redevelopment? 3 How might the city rezone the area to allow higher density development? (Identify the incentives which a developer may need), i.e., minimum FAR, minimum parcel size Arijs Pakalns gave a synopsis of project history and reviewed the Redevelopment Plan. Peter Jarvis then asked -each developer to respond to the identified questions with their thoughts, be they positive or negative. As you will note, the responses were not always directly related to the questions but are still instructive. Comments from: Boyd Stofer, Senior Vice President of United Properties The CDR site on an A to D rating scale is a B- to C+ site due to several factors: Site is land locked (it is not on a full diamond freeway interchange) Area lacks a positive environmental image Lyndale Avenue is the "front" door wi~ich needs to portray an attractive image. duality of I494 & Lyndale Avenue sets ILN REDEVELOPMENT PROJECT TECHNICAL MEMORANDUM N0. 11 April 15, 1987; Revised April 22, 1987 Page 2 2) Office buildings. 3) Hotels/Motels 4) Residential buildings. 5) Parking structures. 6) Other businesses which are determined by the council to be of the general character as the uses listed in this section and which would not be obnoxious or detrimental to the area in which they would be located. Subd. 3. Nonconforming Uses. All provisions of Section 3.29 shall apply to this district except that: 1) A nonconforming structure may be expanded within any consecutive two calendar-year period by no more than ten percent (10%) of its gross floor area provided the expansion meets all other applicable city ordinance requirements. Subd. 4. Procedures. All proposals shall be reviewed under the site plan approval process as set forth below: 1) Approval Required. Without first obtaining site plan approval it shall be unlawful to do any of the following within the "C-3" district: a) construct a building; b) move a building to any lot; c) expand or change the use of a building or parcel of land or modify a building, accessory structure or site or land feature in any manner which results in a different intensity of use, including the requirement for addi- tional parking; d) grade or take other actions to prepare a site for development, except in conformance with a permit or an approved plan; or e) remove earth, soils, gravel or other natural material from or place the same on a site, except in conformance with a permit or an approved plan. Notwithstanding the above, site plan approval shall not be required for enlarge- ment of a building by 10 percent or less of its gross floor area or changes in the leasable space of amulti-tenant building, provided no variances are required and the modifications do not significantly intensify use of the site. ILN REDEVELOPMENT PROJECT TECHNICAL MEMORANDUM N0. 11 April 15, 1987; Revised April 22, 1987 Page 3 2) Application. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be accompanied by the following: a) a plat or map of the property showing the proposed improvements; b) project phasing and timing; c) evidence of ownership or an interest in the property; d) a fee as specified in Appendix D; e) complete building elevations and typical floor plans, signed by a registered architect, civil engineer, landscape architect or other appropriate design professional; and f) such other information as may be required by the city. 3) Public Hearing. Upon receipt of a completed application, a date shall be set for a public hearing before the planning commission. The hearing will be held no less than 10 days after mailed notice is sent to the owners of proper- ties located wholly or partially within 350 feet of the site. Within 45 days after the close of the public hearing the planning commission shall submit its recommendations to the city council. Following such notice and hearing as the city council deems appropriate, the city council shall make a decision regardingtheapplication. Subd. 5. General Criteria and Standards. 1) General Standards. In evaluating a site plan, the planning commission and city council shall consider its compliance with the following: a) consistency with the elements and objectives of the city's develop- ment guides, including the comprehensive plan and any redevelopment plans established for the district; b) consistency with this ordinance; c) preservation of the site in its natural state to the extent prac- ticable by minimizing tree and soil removal; d) creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; ILN REDEYELOPMf NT PROJECT TECHNICAL MEMORANDUM N0. 11 April 15, 1987; Revised April 22, 1987 Page 6 j) details and cross sections of all required screening. 4) Minimum Landscaping Requirements. a) All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers and ground cover materials. All landscaped areas shall be irrigated by an underground mechanical irrigation system. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: MINIMUM LANDSCAPING VALUES Minimum Landscape Value (All Project Value construction costs including Including building construction, plant material and installation site preparation, and site except design fees and other improvements) administrative costs) Below $1,000,000 1,000,001 - $2,000,000 2,DOO,OOD1 - $3,000,DDO 3,000,001 - $4,000,000 Over $4,000,000 2% 20,000 + 1% of Project Value in excess of $1,000,000 30,000 + 0.75% of Project Value in excess of 2,000,000 37,500 + 0.25% of Project Value in excess of 3,000,000 1% In instances where healthy plant materials of acceptable species exist on a site prior to its development, the application of the standards in this subdivision may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this ordinance. b) A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. ILN REDEVELOPMENT PROJECT TECHNICAL MEMORANDUM N0. 11 April 15, 1987; Revised April 22, 1987 Page 8 d) Notwithstanding any other provisions in this ordinance to the contrary, screening required by this section shall be of a height needed to accomplish the goals of this section. Subd. 6. Minimum Floor-Area Ratio. The minimum gross floor-area ratio (FAR) for any lot shall be 0.75. Subd. 7. Minimum Lot Width. The minimum lot width shall be 150 feet. Subd. 8. Minimum Lot Area. The minimum lot area shall be 1.5 acres. Subd. 9. Height Regulations. No building shall be so tall that a shadow is cast onto a single-family or two-family land parcel between the hours of 9:00 a.m, and 3:00 p.m, on any day of the year. The city council may make exceptions to this requirement if the applicant can prove to the council's satisfaction that measures have been taken to mitigate this solar access requirement. Subd. 10. Setback Requirements. The following minimum requirements apply to all improvements hereafter erecte or structurally altered in a "C-3" district, sub- ject to modifications and exceptions provided in Section 3.39 of this chapter. 1) Buildings and Parking Structures. a) Building and parking structure setbacks along public streets shall be 40 feet. b) A building or parking structure may extend to an interior lot line if that structure and the adjacent structure are designed with such placement in mind and a compatible relationship of uses, including circulation drives, open space, parking areas, and glazed facades, results. Otherwise, the setback from the interior lot line must be 10 feet or equal to at least one-quarter the height of thQ building up to a maximum of 20 feet of setback. 2) Surface Parking Areas: a) Surface parking areas shall be set back from any public street right-of-way 10 feet or a distance sufficient to allow the placement of a landscaped screen or berm with an average height of three feet between the street right-of-way and the edge of the parking area. b) Surface parking areas shall be set back from any building 10 feet or a distance sufficient to allow the placement of landscaping designed to sof- ten the appearance of the building if such building is visible from any public right-of-way. ILN REDEVELOPMENT PROJECT TECHNICAL MEMORANDUM N0. 11 April 15, 1987; Revised April 22, 1987 Page 10 Subd. 13. Security Required.When screening, landscaping or other similar impro- vements to property are required by this ordinance security accpetable to the city shall be supplied by the owner in an amount equal to at least one and one- half times the value of such screening, landscaping, or other improvements. The security shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal or other fees .in connection with making or completing such improvements. The security shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to one full growing season after the date of installation of the landscaping. In the event construction of the project is not completed within the time prescribed by building permits and .other approvals, the city may, at its option, complete the work required at the expense of the owner and the surety. The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. Upon completion of the improvements and inspection and final approval by the city, the security may be released. Subd. 14. Terms of Approval. 1) A building permit shall be obtained and construction of the project shall begin no later than one year following the date on which site plan appro- val is granted, unless a different time period is specified and approved by the city council or in a developer's agreement with the city. After the expiration of such period the approval shall be null and void unless the city council grants an extension of time or a building permit has been issued and substantial work performed on the project. Upon request by the applicant, the city council may grant an extension of time for a site plan approval. 2) The city council may impose conditions in granting approval to site plans to promote the intent of this section or to protect adjacent properties. 3) Site plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in substantial compliance with the plans and specifications approved by the city council. Compliance shall not be considered substantial if there is: a) more than a ten percent change in floor area in any one structure; b) more than a ten percent change in the original approved separation of buildings; C I T Y O F R I C H F I E L D, M I N N E S O T A C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T Item ~~5 Information Letter ~~22 Agenda of April 28, 1987 Planning Commission City of Richfield Issue Statement: Consideration of an Ordinance Amendment to establish the boundaries of the new C-3 High Density Commercial Zoning District Background: On the previous item on this agenda the Planning Commission discussed and made a recommendation concerning the creation of an ordinance amendment to create a new C-3 high density commercial zoning district and related requirements. The Planning Commission should now make a recommendation concerning what land should be included in the C-3 zoning district boundaries. Recommendation; It is recommended that the Planning Commission recommend council approval of an ordinance to rezone the property in the area generally bounded by 77th Street, Pleasant Avenue, 494 and 35W from C-2 General Commercial to C-3 High Density Commercial. Basis of Recommendation: The rezoning of this property to C-3 high density commercial is critical to the successful management of the ILN area. The goals of broadening the tax base, providing for economic growth and employment opportunities, fostering a favorable environment for appropriate businesses and the elimination of the conflicts between residential and commercial areas can best be achieved this way. The rezoning is also consistent with the city's comprehensive plan which indicates the area should be developed as high density freeway strip type uses. The rezoning of this property will help bring about the type of development anticipated in the comprehensive plan. C I T Y O F R I C H F I E L D, M I N N E S O T A C O M M U N I T Y D E V E L O P M E N T D E P A R T M E N T Item ~~6 Information Letter ~k23 Agenda of April 28, 1987 Planning Commission City of Richfield Issue Statement: Revisions of the boundaries of the area covered by the ILN Moratorium. Background: During previous discussions concerning the extension of the Building Permit Moratorium ordinance in the ILN, staff has indicated that we would also look at revising the boundaries of the area subject to that moratorium. Attached for your review is an ordinance revision which would reduce the area covered by the ILN building permit moratorium. If that ordinance is passed the area north of the first lot north of 77th Street would no longer be in the building permit moratorium area. Recommendation: It is recommended that the Planning Commission recommend City Council approval of the attached ordinance. Basis of Recommendation: The purpose of extending the Building Permit Moratorium an additional six months was to allow time to complete the development and implementation of the C-3 Zoning District Ordinance and to develop a process to identify a developer or developers for the area in the ILN south of 77th Street. The area north of 77th Street would not be subject to either the C-3 Zoning District or to the developer selection process therefore it is not necessary to keep the building permit moratorium in place for that particular area. The first lot north of 77th Street continues to be in the moratorium area because it has been designated for acquisition for the street improvement project. It would be to the city's benefit to keep the restrictions on that particular area to minimize the city's future costs. Alternative Recommendations: The alternative recommendations would be as follows: 1. Reject the ordinance amendment and maintain the boundaries of the moratorium area as they are now until the moratorium expires in September of 1987. 2. To modify the area covered by the moratorium to include more or less area. Decision Mode• A public hearing has been scheduled before the Planning Commission on April 28th. Published notice of this hearing has been provided. Respectfully submitted, Rick Jopke City Planner RJ/jls BILL N0. AN ORDINANCE AMENDING TRANSITORY ORDINANCE N0. 17.18 ENTITLED "AN INTERIM ZONING ORDINANCE ADOPTED FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS IN A CERTAIN AREA OF THE CITY, REGULATING, RESTRICTING AND PROHIBITING CERTAIN USES, DEVELOPMENTS AND SUBDIVISIONS WITHIN SUCH AREA". CITY OF RICHFIELD DOES ORDAIN: Transitory Ordinance No. 17.18 of the ordinance code of the City of Richfield entitled "An Interim Zoning Ordinance Adopted for the Purpose of Protecting the Planning Process in a Certain Area of the City, Regulating, Restricting and Prohibiting Certain Uses, Developments and Subdivisions Within Such Area" is hereby amended in the following respect: Section 1, paragraph A thereof is amended to read: A. The City is concerned with the proper and more economic use, development and possible redevelopment that area of the City generally referred to as "Interstate-Lyndale Area", hereinafter referred to as the "Area", the boundaries of which Area are more specifically described as follows: All of the property between Interstate No. 35W and the Minneapolis Northfield Southern Railroad tracks and south of 77th Street with the following additions (a) the area west of Emerson Avenue, east of Interstate No. 35W, between 76th and 77th Streets; (b) in the area between Emerson and fr Pleasant Avenues, the first parcel abutting the north side of 77th Street; and ~~` ~~~ ~~}~~~ ~z~e~c--a~fi Ald-' c) the east one-half block of the block between 75th and 76th Streets between Aldrich and Lyndale Avenues; ~;--t~-e Passed by the City Council of the City of Richfield, Minnesota this day of , 1987. John Hamilton, Mayor ATTEST Thomas Ferber, City Clerk