01-28-1992NION
Planning Commission
January 28,1992
7:30 p.m.
1=01 1W-1101 "I
11 p rc•al ct I' 1V1i><ii><t P
Rescheduled Planning Commission meeting of December 10, 1991.
ITEM #1 91 -CUP- 6 WITHDRAWN ON JANUARY 22, 1992
Pasta Sempliche, 704 West 66th
Contined from December 10, 1991)
ITEM #2 92- APUD -1 WITHDRAWN ON JANUARY 22, 1992
Valet parking at Market Plaza
ITEM #3 92- PLAT -1 Preliminary plat approval for 7215 Logan
Avenue South
ITEM #4 92 -CUP -1 Conditional use permit for a Head Start
program at 7001 Elliot Avenue South
ITEM #5 Information Letter #1 Planning Commission Bylaws
ITEM #6 Information Letter #2 Quarterly report of Administrative
Review Committee
0011 iisiiieszs
Li isoi l 13elaoi ts
School Board
Community Services Advisory Commission
HRA
City Council
Ad Hoc 1- 35/1494 Traffic Committee
djAoi.rni i icnt
i
CITY OF RICHFIELD
PLANNING COMMISSION MINUTES
REGULAR MEETING
DECEMBER 10, 1991
MEMBERS PRESENT: Chairperson William Snyder; Commissioners:
Nancy Edwardson, Robert Elliott Timothy
Erlander, Michael Gallagher Daniel Linnihan,
Thomas Scaglia
MEMBERS ABSENT: Commissioners Morris Nilsen, II and
David Sumnicht
COUNCIL LIAISON: Martin Kirsch, Mayor
STAFF PRESENT: Byron Wallace, Community Development
Director; Bill Weaver, City Planner
The Planning Commission meeting was called to order by
Chairperson Snyder at 7:45 P.M.
APPROVAL OF MINUTES
M /Erlander, S /Scaglia to approve the minutes of the regular
Planning Commission meeting of November 26, 1991.
Motion carried: 7 -0.
ITEM #1 91 -CUP -6 - PASTA SEMPLICHE - 704 WEST 66TH STREET -
AMENDMENT TO CONDITIONAL USE PERMIT
City Planner, Bill Weaver presented the staff report. Mr.
Weaver stated the request was for an amendment to conditional use
permit and off - street parking permit to allow a restaurant (Pasta
Sempliche) in the former Blockbuster Video location in Market
Plaza. Mr. Weaver described staff's concern as being primarily
issues of parking and ventilation. Extensive analysis was
requested by staff. Parking demand was examined during athletic
events, happy hour and during dinner hours. Parking demand was
segregated by user in order to identify the amount of remaining
available capacity.
Planning Commission Minutes
December 10, 1991
Page 2
Mr. Weaver described the ventilation issue and cited, recent
complaints by residents at Market Plaza and Woodlake Point
regarding undesirable odors produced by Champps. Staff
requested that an engineering report be prepared to demonstrate
satisfactory elimination of odors.
Mr. Weaver stated that staff recommended denial of the
conditional use permit-and parking permit amendment. He stated
his recommendation was based on the petitioner's failure to
illustrate resolution of adverse parking and ventilation issues.
Paul Crawford petitioner, stated °the site was chosen to
introduce a new concept in restaurants. He described Pasta
Sempliche as a nonsmoking family restaurant which will serve beer
and wine. Mr. Crawford further stated that Pasta Sempliche will
have 50 tables which allows one parking spot per table. He also
stated that because of the family nature of the restaurant it
would be likely that only 50 parking spaces would be used in the
event the restaurant were full. Mr. Crawford cited the length of
patron's stay as the primary different between the parking demand
created by Champps and Pasta Sempliche.
The Commission conducted the following open discussion.
Mr. Crawford stated that only wine and beer will be served.
He also stated the restaurant hours would be 11:00'A.M. to 2:30-
3:00 PM., and reopening at 4:00 -4:30 and close by 10:30 PM.
Weekend hours would be similar with a later closing time of
either 11:00 P.M. or 12:00 Midnight.
Mr. Crawford discussed a similar restaurant in Des Moines,
Iowa called the Spaghetti Factory as'very successful.
Mr. Crawford stated he had no direct involvement in running
a restaurant, but has been involved in raising capital for
restaurants.
Mr. Crawford further described the restaurant's operation.
He stated that 30 -35 persons would be employed. Wait time would
be displayed in the window to help customers decide whether to
wait or leave and return.
Planning Commission Minutes
December 10, 1991
Page 3
Paul Emualson, Mechanical Engineer for Pasta Sempliche
discussed the nature of the ventilation system. He stated that
the Minnesota Ventilation Code requires ten feet separation from
windows and patios. The vent that would be used for Pasta
Sempliche would release the odors in a single direction allowing
vapors to travel farther. Also included in the ventilation would
be an air cleaning process.
Bob Byers, Transportation Engineer with SEH described his
analysis of the parking in Market Plaza. Mr. Byers stated that
peak demand occurred during sporting events televised at Champps.
He felt there was adequate capacity during non peak periods, but
capacity would reach very close to and even exceed its limit
during major televised sporting events. He also stated that
employee parking would be accommodated off -site.
Staff expressed a strong concern that parking lot
circulation might become more difficult as traffic increased and
snow storage eliminated parking spaces.
Mr. Gould, partner and owner of Market Plaza stated that he
is in favor of the restaurant.
Mike Gould stated that the restaurant should not stop other
tenants from entering Market Plaza due to the additional parking
used for the restaurant.
Mr. Gould stated that the Market Plaza residents do not park
in the parking lot because they have underground parking.
Mr. Gould stated that Market Plaza need tenants that will do
well in that location, he felt that Pasta Sempliche would be such
a tenant.
John Nelson, Park Commercial Properties who does the leasing
for Market Plaza also felt a destination oriented tenant would
work well in the shopping center.
M /Erlander, S /Scaglia to close the public hearing.
Motion carried: 7 -0.
M /Scaglia, S /Linnihan to continue the amendment to .
conditional use permit and off - street parking permit to allow a
restaurant at Market Plaza to the January 28, 1992 meeting.
Planning Commission Minutes
December 10, 1991
Page 4
Motion carried: 7 -0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:00 P.M.
imo y Erlander
Planning Commission Secretary
C ITY C)h, I IC~ HIFII:LII)
Item: #3 Agenda Section: Public Hearing
Case: #92- PLAT -1 Date: January 28, 1992
GENERAL INFORMATION
Petitioner: Isabelle P. DuKatz
Location: 7215 Logan Avenue
Type of Request: Preliminary plat approval for proposed DuKatz Wittenborg Addition
Zoning: R- residential
Land Use: Proposed Lot 1 - Vacant; Proposed Lot 2 - Single family residence
Comprehensive
Plan: Single family
References:
City Ordinance: Section 500.23 of the City Code outlines the requirements for preliminary
plat approval.
MN State Statutes: Section 462.357 defines the City Council as platting authority.
ACTION
Pro Platting of land that is currently unplatted, subdivision of property.
Staff
e
Recommendation: Recommend approval of the preliminary plat with stipulations.
HISTORY
Public Notice: Notice of public hearing was mailed to property owners within 350 feet of
the subject property.
Public Hearing: The Planning Commission will conduct a public hearing on January 28,
1992.
City Council: Planning Commission action would set a City Council hearing date of
February 24, 1992.
wtl;'ySSW C f /4I6q
CPea u o
I h I Exlsravc
I •
NcuSf
07 i •P
9
es: 30 aP -
N 89 6'S E I JJ. 66 d° -- •O'
i " lTooe t ric. 03 i
z• i °
Qs us
rsn.yp
r
a aya tw
1! ! i o} 1 +e west 8 rods
om. '
rMWC ee.
I'
a C-
t oI ;ro of
oI ,a• 9c; e" iU j. ea Lot 1 vacant
a
Qrot, o_
V a '
vb
V 0.
00*
t.at
0 Mdc•ee..r j
rres. y I 4' set back
Dvea+air .-
Q a r ..tev•1 o a OTt 8orobiF
t
xlsM :! c •• EXisting house
k
H
is w ::;•
946.6 , •o
I` •_
Ex Sf+rG I I O
p 4 I 7p . H6:JSE . I IW O hhn
e xs s 7tSI
1 lT -1 a8i p, `^' • !, .'i Lot 2
g I 0
s.roocsi
Ia I, 0 4
I .. I 0 ! eg _ Lkw ^
i
6b 11775
11 N I
1JI
ost
46 b #
11 .
West Ise of AQ Wiest se,
ibi I z-fs. 2.•bn 6
I.
I ... 0 IOds
of
E
nt Lot •
s I e -cs..
rods a. Govsr""a
45.73, tarp"'. -
t
79S
7.s9II' I ' I • as I
I 1 rtieprola e'R•e
bt
cs
94645
i
ml 7pp db 0 `
7 r .•.
to L &N -- - pprvE ..) - >< e•e
n
ir•eHro' IM 67 6° e•a.ae 1. -South time of tns north 328
I'
116
5 8 ` 6'.50- w
frS ^.nG
feet of Go.emmemt Lot t
i .aaC'
I d'
I '
vM es ae it ° era +s
rap .••eJ it n
fr15ttr+G
OCUSE
proposed site plan
piropoosot c tz anga
7215 Ijogan Ave.
0 W46
ZONING
h CIHFIELD PLANNING N
ANALYSIS
Issues: Isabelle DuKatz is proposing to plat the property located at 7215 Logan
Avenue. The two proposed lots would exceed Richfield's minimum
subdivision requirements.
The existing garage on proposed Lot 2 would have a four foot setback from
the lot line which separates the two proposed lots. The minimum
required interior setback for detached garages in the rear yard is two feet.
RECOMMENDATIONS
Recommended
Action:
Preferred: Recommend approval of the preliminary plat with the following
stipulations:
1. That grading information be submitted with any building plans.
2. That it be demonstrated that taxes due and payable in 1992 and prior
years have been fully paid.
Basis: The proposal is in compliance with Richfield's subdivision regulations.
Alternative: 1. Continue the review of the preliminary plat to the next regular Planning
Commission meeting.
2. Recommend denial of the preliminary plat with a finding of fact that the
plat would have an adverse impact on adjacent properties and
community goals.
City Code
CITATIONS
CHAPTER V
PUMUCTIMG kJ MSF-R.F
500.23. Plats: preliminary UDroval. Subdivision 1. Submission to council. A person wishing to subdivide
land into building lots, or to dedicate streets, alleys or land for public use or to subdivide land into building lots
together with the dedication or reservation of public or private streets respectively, shall submit ten copies of the
preliminary sketch plan, preferably black and white prints, to the council before submission of the final plan.
Plats containing three lots or less may be exempted by the council from the provisions of this subsection.
Subd. 2. Contents of submission. The preliminary plan is to be drawn to a scale of not more than 100 feet to
the inch and shall show:
a) the location of present property and section lines, streets, buildings, water courses and other existing
features within the area to be subdivided;
b) the proposed location and width of streets, lots, buildings, and set back lines and easements;
c) existing sanitary and storm sewers, water mains, culverts and other underground structures, within the
tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to
be indicated in a general way upon the plat;
d) the title under which the proposed subdivision is to be recorded and the name of the subdivider platting
the tract;
e) the names of all adjoining subdivisions or a description of unplatted areas and the layout of their streets;
f) the council may require a contour map to be made, having contour intervals of not more than two feet;
g) north point, seal and date;
h) plans or written and signed statements regarding the width of all types of pavement, location, size and
type of sanitary or other sewerage disposal facilities, water mains and hydrants or other utilities, storm water
drainage facilities and other proposed improvements such as sidewalks, planting and parks and grading of
individual lots. Preliminary plans not containing all of the above data will not be approved by the council.
Subd. 3. Procedures for approval. Approval of the preliminary plans shall not constitute an acceptance of the
subdivision by the council. One copy of the approved preliminary plat, signed by the mayor and the manager,
shall be retained in the office of the director of community services. One signed copy shall be given to the
subdivider. Receipt of this signed copy shall be authorization for subdivider to proceed with the preparation of
plans and specifications for the minimum improvements required and with the preparation of the final plat. Prior
to the construction of any improvements required or to the submission of any bond, the subdivider shall furnish
the council with all plans, information and other data necessary for said improvements. The plans shall be
examined by the engineer and will be submitted for approval by the council if in accordance with the requirements
of this code. If approved, a contract will then be prepared setting forth the conditions under which the
improvements will be accomplished, based upon the approved plans and specifications for this work.
Subd. 4. Additional requirements. The following additional requirements apply:
a) surveys and plans shall be prepared in accordance with rules and regulations established by the director of
community services; detailed construction specifications approved by the engineer shall apply to all items of work
included in the improvement;
b) the subdivider or developer shall furnish estimates of the cost of the improvements based upon bids or
upon firm prices from contractors. Following the posting of a bond equal to one and one -half times the estimated
cost of the work and the signing of the contract documents, work on construction may be started; and
c) any and all costs to be borne by the city or any costs to be paid for by special assessment against property
benefitted, shall be specifically outlined in the contract documents.
Item: #4 Agenda Section: Public Hearing
Case: #92 -CUP -1 Date: January 28, 1992
GENERAL INFORMATION
Petitioner: Parents In Community Action, Inc.
Location: 7001 Elliot Avenue (Community Education Center)
Type of Request: Conditional use permit to operate a Head Start program for 40 pre - school
children.
Zoning: R- residential (single family dwelling)
Land Use: Educational facility
Comprehensive
Plan: Institutional
References:
Zoning Ordinance: Section 515.07 outlines conditional uses within the R- district.
Section 545.09 outlines administration of the conditional use permit
process.
ACTION
Proposed Change: Operation of a Head Start program in Rooms 201 and 206 of the
Community Education Center. There would be no physical changes to the
property.
Staff
Recommendation: Approve the conditional use permit request with stipulations.
Public Notice:
Public Hearing:
City Council:
PCPICA.DOC
HISTORY
Notice of public hearing was mailed to property owners within 350 feet of
the subject property.
The Planning Commission will conduct a public hearing on January 28,
1992.
Planning Commission action would set a City Council hearing date of
February 10, 1992.
V
OF z
i Z
zibAZ
mi OIIINI
c
U
U
W
S d
H
N
S
O
ti
Bus o
OFF
J
O
3nN3AV 101'1'13 0
r-1
o w
x
o
ANALYSIS
Issues: Parents In Community Action, Inc. is a non -profit organization which
administers the Head Start program in Hennepin County. They are
proposing to utilize two class rooms in the Community Education Center,
providing Head Start comprehensive services to children from low- income
families from Richfield and Bloomington. This site would provide service
to 80 children by using a rotating schedule. There would be 20 children
per classroom, for a total of 40 children at any one time. Head Start vans
would transport all children to and from the Center, and the drop area
would be completely on -site and as close to the building entrance as
possible.
Issuance of the conditional use permit would not cause any physical changes
to the Center.
RECOMMENDATIONS
Recommended
Action:
Preferred: Recommend that the City Council approve the request with the following
stipulation:
1. All building and fire codes be met prior to occupancy.
B"S: 1. The Head Start program would be compatible with other uses in the
Center.
2. Adequate on -site parking is available for Head Start staff.
3. Adequate play area is available on the site.
Alternative: Recommend that the City Council deny the request with a finding of fact
that the proposed use would have an adverse impact on surrounding
properties.
PCPICA.DOC
CITATIONS
Zoning Ordinance
515.07. Subd. 2. Daycare centers for more than 12 persons licensed by the appropriate governmental authority,
group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 serving more than
14 persons or as otherwise permitted by law.
545.09. Conditional use permits. Subdivision 1. Issuance. Conditional use permits may be issued for any of
the following:
a) any of the uses of purposes of which a conditional permit is required or permitted by this code;
b) public utility or public service uses or public building when found to be necessary for the public health,
safety, convenience or welfare;
c) commercial excavating or natural materials used for building or construction purposes;
d) to classify as a conforming use any institutional use existing in any district at the time of the establishment
of such district;
e) to permit the location of any of the following uses in a district from which they are excluded by the
provisions of this code: airport, library, community center, church, hospital and institutional of an educational,
philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of human
dead; and
f) for use determined pursuant to subsection 505.11.
Subd. 2. Limitation. A conditional use permit may not be issued for (i) the purpose of granting an
adjustment or appeal, (ii) for any use not authorized for the zoning district for which the permit is sought, (iii) nor
for prohibited use.
Subd. 3. Application. Application for the issuance of a conditional use permit is made to the director.
Proceedings to classify certain uses as conforming uses may be initiated either by an applicant or by the council.
Amended, Bill No. 1988 -7)
Subd. 4. Public hearing. The council may hold such hearings on the proposal to issue a conditional use
permit as it may consider necessary; but at least one public hearing shall be held by the board or by a committee
of commission to be designated by the board in any application for a conditional use permit for the establishments
of any use listed in subdivision 1, paragraphs a and f. (Amended, Bill No. 1988 -7)
Subd. S. Conditions. The council may not grant a conditional use permit unless it finds that the
establishment, maintenance or operation of the use for which the conditional use permit is sought will not under
the circumstances of the particular case be detrimental, (i) to the health, safety, morals, comfort, convenience or
welfare of the persons residing or working in the neighborhood of the use, or (ii) to the public welfare or
injurious to property or improvements in the neighborhood. (Amended, Bill No. 1988 -7)
PCPICA.DOC
Richfield City Code (Zoning) 545.09, Subd. 6
Rev. 1988)
Subd. 6. Other conditions. The council may not grant a conditional use permit unless it fords that the
establishment, maintenance or operation of the use for which the conditional use permit is sought is in compliance
with the (i) comprehensive municipal plan, (ii) an officially adopted redevelopment plans and urban design
guidelines, and (iii) applicable parking regulations and landscape guidelines. (Amended, Bill No. 1988 -7)
Subd. 7. Compliance. The council may impose conditions and require guarantees in the granting of
conditional use permits. Any use permitted under the terms of any conditional use permit shall be established and
conducted in conformity to the terms of the permit and of any conditions imposed. If any person violates a term
of the permit or any condition imposed by the council in connection with the grant or issuance of a conditional use
permit, the council may revoke such permit and all rights attributable to such permit. In considering the
revocation of a conditional use permit, the city shall proceed as follows:
a) Complaint. The director shall review any complaints received by the city involving property which is
subject to a conditional use permit, and shall determine whether, in the director's judgment a violation of the
terms or conditions of any conditional use permit appears to have occurred.
b) Notice of apparent violation. If the director determines that an apparent violation of such terms and
conditions exists, the director shall cause a notice of violation to be mailed to the owner of the property or
owner's agent and to any other person known to the city to be conducting the use for which the conditional use
permit was granted. The notice shall:
1) be in writing;
2) particularize the violation or violations found to apparently exist and particularize the remedial actions
which must be taken to achieve compliance with the terms and conditions of the conditional use permit;
3) provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or
violations particularized in the notice; and
4) inform the recipient that if the particularized violations are not remedied within the stated time period, the
director will request the council to consider revocation of the conditional use permit.
c) Failure to comply. When notice has been given in accordance with clause (b) above and the recipient has
failed to correct the violations particularized in the notice within the time allowed, the director shall refer the
matter to the city manager with a recommendation that a hearing be held by the council to consider the revocation
of the conditional use permit. A copy of the director's recommendation shall be mailed to the same persons who
previously were mailed the notice of violation.
d) Scheduling of hearing. If the city manager concurs in the recommendation of the director, the manager
shall schedule a hearing before the council to consider revocation of the conditional use permit. The date of the
hearing shall be as soon as is reasonably convenient.
PCPICA. DOC
Richfield City Code (Zoning) 545.09, Subd. 7(e)
Rev. 1988)
e) Upon the scheduling of the hearing, the director shall furnish mailed notice of such to the same persons
who were mailed notice of the violation. The notice shall:
1) state the time, date and location of the hearing;
2) describe with particularity the violations or violation which will form the basis of the director's
recommendation to the council;
3) describe the recommendation which the director intends to make to the council with respect to revocation;
and
4) inform the recipient of its opportunity to be present at the hearing, to be represented by legal counsel
during the hearing, to present testimony and evidence and to cross - examine witnesses. ,
The director shall also provide a notice containing the information described in subparagraphs (1), (2) and (3) of
this paragraph to all other persons who would have been entitled to notice had the hearing been to consider the
granting of the conditional use permit.
f) Determination. At the conclusion of the hearing, or as soon thereafter as is reasonably possible, the
council shall render its written decision. The decision shall state the terms and conditions of the conditional use
permit found to have been violated; and shall state the determination of the council with regard to revocation of
the conditional use permit. The council may, in lieu of revocation, permit the conditional use permit to continue
subject to such further or additional terms and conditions as in its judgment are necessary to insure compliance
with the conditional use permit. The council's written findings and determination shall be mailed to the persons
who were mailed the director's notice of violation. If a conditional use permit is revoked, all uses and activities
which are permitted only by such conditional use permit shall immediately cease. And all other licenses and
permits issued by the city which require, as a condition of their issuance, the existence of the conditional use,
shall be subject to termination in the manner set forth in this code or other applicable law. (Added (a) -(f), Bill
No. 1988 -7)
Subd. 8. Time limitatiQps. A conditional use permit expires one year after it has been issued unless (i) the
use for which the permit has been granted has commenced within one year or (ii) upon written application of the
owner of the affected land the board extends the expiration date of such permit for an additional period not to
exceed one year.
Subd. 9. Fee. The fee for a conditional use permit is set by appendix D.
Subd. 10. Other remedies. In addition to the procedure set forth in subdivision 7, the city may exercise, with
or separately from such procedure, all and any other remedies and actions available to the city including, but not
limited to those contained in sections 320 and 115 of this code. (Added, Bill No. 1988 -7)
PCPICA. DOC
NOW 11a II , I I I I100*3
Planning Commission
INFORMATION
Item: #5
Information Letter: #1
Agenda Section: New Business
Date: January 28, 1992
GENERAL INFORMATION
Subject: Approval of Planning Commission Bylaws.
Type of request: Annual organizational meeting and election of officers.
References: 1. See Planning Commission Bylaws.
2. Chapter III, Section 305. 5, Subd. 1 -8 of Richfield City Code.
RECOMMENDATIONS
Recommended
Action:
Preferred: It is recommended that the Commission review the attached bylaws and
determine if any bylaw changes are necessary and write the changes into
the minutes of the January 28, 1992 meeting, to be considered at the
organizational meeting on February 25, 1992
Basis: The above action is required in the Planning Commission Bylaws.
Alternative: The Planning Commission may wait until the February 25, 1992 meeting
to make any bylaw changes.
Public Notices: N/A
Public Hearing: N/A
Planning
Commission: NIA
City Council: N/A
PCBYLAWS.DOC
BACKGROUND
ANALYSIS
jsups: Any changes to the Planning Commission Bylaws are required to be
written into the minutes and approved at the first meeting in February.
No decisions need to be made at this meeting on appointments until the
February meeting.
The Planning Commission Bylaws require that the Planning Commission
hold an annual organizational meeting and elect from its membership a
chairperson, a vice - chairperson, and secretary at the first regular meeting
in February. The organizational meeting is scheduled for February 25,
1992.
Also at the organizational meeting the Planning Commission reviews the
Planning Commission Bylaws and determined if any amendments are
necessary. If it is determined that bylaw changes are necessary, the
proposed amendments need to be written into the minutes for
consideration at a future meeting.
The third item that occurs at the organizational meeting is the
appointment of liaisons to the Community Services Advisory
Commission, City Council, HRA and School Board. the Commission
should also be prepared to make those appointments on February 25,
1992.
PCBYLAWS.DOC
BYLAWS AND RULES OF PROCEDURE
OF THE CITY PLANNING COMMISSION
RICHFIELD, MINNESOTA
The following bylaws and rules of procedure are adopted by the
City Planning Commission to facilitate the performance of its
duties and functions as empowered under Chapter III, Section
305.05, Subdivision 1 -8 of the city ordinance code.
PART I. MEETINGS
Section 1. Regular Meetings
Regular meetings of the Planning Commission shall be on
the fourth Tuesday of each month commencing at 7:30 PM
in the council chambers of the city hall.
When the regular meeting date conflicts with the state
designated precinct caucus, the regular meeting will be
held on the second Tuesday of said month at the same
time and place.
Section 2. General Planning Meetings
The second Tuesday of every month shall be reserved for
discussing and deliberating on general planning matters
related to the proper development and future well -being
of the community.
Section 3. Special Meetings
Special meetings of the Planning Commission can be
called by the chairperson and one member or by three
members of the commission or at the request of the city
council. Notice, designating the time and place of the
meetings, shall be given to all members not less than
twenty -four (24) hours in advance thereof.
Section 4. Deadline for Hearing Items
The Planning Commission will accept all applications to
be heard before it, no later than fifteen working days
preceding the regular Planning Commission meeting. Upon
written notice to the community development director
prior to the Planning Commission meeting, an application
may be withdrawn. Once an application is withdrawn, it
must be refiled with the Community Development
Department, City of Richfield, before any Planning
Commission hearing is held.
Section 5. Ouorum
Six members of the Planning Commission shall constitute
a quorum for the transaction of business. No action
shall be taken in the absence of a quorum with the
exception that the Planning Commission members present
may take testimony for use at a later meeting at which a
quorum is present, and may adjourn a meeting to a later
time without further notice.
Section 6. Voting
At all meetings of the Planning Commission, each member
attending shall be entitled to cast one vote. Voting
shall be by voice and an affirmative vote of a majority
of those present shall be necessary for the passage of
any matter before the Planning Commission, except as
otherwise provided in these bylaws.
Section 7. Proceedings
a) Format of Meeting
At a regular meeting of the Planning Commission,
the following format shall be followed in
conducting the business of the meeting.
1) Roll Call
2) Approval of Minutes
3) Regular Business and
4) New Business
5) Old Business
6) Liaison Reports
7) Adjournment
b) Public Hearing
Public Hearing Items
The purpose of a hearing is to collect
information and facts in order for the
commission to develop a planning recommendation
for the City Council. At a public hearing the
following procedure shall be followed for each
case for which a public hearing is held:
1) Chair shall state the case to be heard.
2) Chair shall call upon the Community
Development Director or designee to present
the staff report.
3) Chair shall ask. the applicant to present
his /her case.
4) Members of the Planning Commission shall be
allowed to question the applicant about
his /her proposal.
a
5) Interested persons may address the
commission, giving relevant information
regarding the proposal before the
commission.
a) All questions or statements by Richfield
staff personnel, planning commissioners,
applicants or interested citizens will
be.directed through the chair.
b) All who wish to speak will be heard, but
only in accordance with the above
procedure and after recognition by the
chair.
c) No individual may speak longer than five
minutes, except through previous
arrangement with the chair, or by vote
of the commission.
d) The spokesperson for a group will be
allowed ten minutes.
e) In addition to the statements by
individual or groups, there will be a
period, not to exceed 30 minutes, during
which the public may question the city's
staff members present, the applicant or
their representatives or any member of
the Planning Commission. Questions must
be directed through the chair.
6) The hearing shall be closed. Interested
persons shall not be heard again unless the
hearing is reopened by a majority vote of
the commission.
7) The commission shall discuss and clarify the
item before it, and take action on it.
8) Any decision of the commission on the merits
of any planning question before it shall be
embodied in the form of a motion,
resolution, or report, and referred to the
City Council for action.
c) Rules of Procedure
At all regular meetings of the Planning Commission
where formal action is required on-a matter before
the commission, the meetings shall be governed by
Robert's Rules of Order. At general meetings of the
Planning Commission no formal parliamentary
procedure shall govern the conduct of the
proceedings unless found to be necessary such as
when a formal motion is before the commission.
PART II. ORGANIZATION
Section 1. Election of Officers
At the first regular meeting in February of each year,
the commission shall hold an organizational meeting and
elect from its membership a chairperson, vice -
chairperson, and secretary. Each member shall cast a
ballot for the member he /she wishes to be elected '
chairperson. If no one receives a majority of all the
members of the commission, balloting shall continue
until one member receives majority support. Vice -
chairperson and secretary shall be elected from the
remaining members by the same procedure.
If the chairperson resigns from office before the next
regular organization meeting, the vice - chairperson shall
automatically become acting chairperson. If both
chairperson and vice - chairperson resign, the secretary
shall become acting chairperson. In any instance, where
an officer of the commission resigns or retires from
office a new officer shall be elected to the vacated
position at the next regular meeting of the commission.
If the chairperson, vice- chairperson, and secretary are
absent from a meeting, the commission shall elect a
temporary chairperson by voice vote.
In the event that the secretary is absent from a
meeting, the chairperson shall appoint a member of the
commission to approve the minutes of that meeting.
Section 2. Tenure
The chairperson, vice - chairperson, and secretary shall
take office immediately following their election and
hold office until their successors are elected and
assume office.
Section 3. Duties of Officers
The duties and powers of the officers of the Planning
Commission shall be as follows:
a) Chairperson
1) Presides over all meetings of the
commission.
2) Appoints committees and performs such other
duties as may be ordered by the commission.
0
5
3) Signs documents of the commission.
4) Sees that all actions of the commission are
properly taken.
5) Calls special meetings of the commission in
accordance with these bylaws.
6) Works with appropriate city staff in
organizing agendas of all general Planning
Commission meetings.
b) Vice- Chairperson
Performs all of the duties and responsibilities
of the chairperson in his /her absence.
c) Secretary
1) Assumes duties and responsibilities of the
chairperson when both chairperson and vice -
chairperson are absent.
2) Keeps the minutes of the meetings of the
commission in an appropriate minute book
3) Signs all minutes of the commission as
well as other official documents of the
commission.
PART III. MISCELLANEOUS
Section 1. Suspension of Rules
The commission may suspend any of these rules.by a 2/3
vote of those members present.
Section 2. Amendments
These rules may be amended at any regular meeting by a
2/3 majority of the members of the commission, provided
that the amendment was presented and written into the
minutes of a previous meeting.
Section 3. Review
The contents of these bylaws and rules of procedure
should be comprehensively reviewed, evaluated, and
modified where necessary, at the organization meeting
held in February of each year.
Adopted this 26th day of February, 1991.
Chairperson, Richfield Planning Commission
Secretary, Richfield Planning Commission
Richfield City Code 305.05
305.05. Planning agency. Subdivision 1. Establishment. Pursuant to Minnesota
Statutes, section 462.354, subdivision 1, there is created and continued a city
planning agency.
Subd. 2. Commission form. The planning agency shall operate as a planning
commission of the city. Staff services for the commission shall be furnished by
the community development department of the city. The commission serves in an
advisory capacity to the council.
Subd. 3. Composition of the commission. The commission consists of nine
members appointed by the council to serve for terms of three years, with terms
of members to be staggered so that as nearly equal number of terms as possible
shall expire each year. Terms begin on the first day of February. The city
manager, the superintendent of schools for Independent School District No. 280,
one council member and one other representative of the Board of Education of
Independent School District No. 280 designated by the district are ex officio
officers and members of the commission without voting rights.
Subd. 4. Powers and duties
shall undertake the duties given
462.354. The planning commission
of the commission. The
by Minnesota Statutes,
shall deliberate and make
a) proposed subdivisions and resubdivisions of land;
b) proposed amendments to the zoning ordinance code;
planning commission
sections 462.351 to
recommendations on:
c) land development applications requiring special use permits or varianc-
es from.the land development regulations of the city; and
d) such other matters relating to planning and development within the
city, as may be referred to it by the council.
Subd. 5. General objectives of the commission. The planning commission
shall endeavor to perform the following functions on behalf of the city:
a) subject planning decisions to citizens' examination and influence
through technical advisory subcommittees which may study and recommend courses
of action on special planning matters;
b) act as an advocate of various beneficial planning projects, as direct-
ed by the council, to stimulate interest and acceptance of planning within the
city; and
c) act as a coordinator of planning activities within the city by working
with public, quasi - public and private planning groups to coordinate the total
planning efforts of the city and other governmental units.
Richfield City Code 305.05, Subd. 6
Subd. 6. Dismissal of commission members. Commission members serve at the
pleasure of the council. The council may dismiss members of the commission with
or without cause.
Subd. 7. Vacancies. The office of a member is vacant upon the member's:
a) death;
b) disability or failure to serve;
c) removal of legal residence from the city;
d) resignation in writing;
e) removal with or without cause by the council; or
f) election or appointment.to an elective public office.
The commission shall notify the council of a vacancy and request appropriate
action to fill the vacancy.
Subd. 8. Additional powers and duties. The council may assign additional
duties and responsibilities to the planning commission to assist the commission
in effectively carrying out the commission's objectives, powers and duties.
CHITY OF RICHEK9LID
Planning Commission
Item: #6
Information Letter: #2
INFORMATION
Agenda Section: New Business
Date: January 28, 1992
GENERAL INFORMATION
Subject: Fourth quarter report of Administrative Review Committee (ARC) activity.
References: 1. Activity report (attached).
2. Summary of cases (attached).
RECOMMENDATIONS
Recommended Planning Commission review of the attached ARC materials. No discussion
Action: or decision is necessary.
BACKGROUND
Purpose: The planning staff feels it is important to keep the Planning Commission
informed of ARC activities. Therefore, a report of ARC activities is
prepared for the Planning Commission on a quarterly basis.
PCARC.DOC
ADMINISTRATIVE REVIEW COMMITTEE
ACTIVITY REPORT
FOURTH QUARTER OF 1991
DATE CASE ADDRESS
Oct. 23, 1991 Vincent Seiter 6511 -13 21 st Ave
Oct. 30, 1991 Market Plaza 700 West 66th St.
Nov. 20, 1991 Market Plaza 700 West 66th St.
SUMMARIES
REQUEST
Plan Review
Conditional use permit
amendment to final
development plan)
Second review -
Conditional use permit
amendment to final
development plan)
6511 -13 21 st Avenue required an ARC review to in order to review the parking requirements for the
nonconforming use permit approved by Council on September 23, 1991.
Market Plaza required a review for a Conditional Use Permit (amendment to Final Development Plan)
and Off- Street Parking Permit for Pasta Sempliche Restaurant at the former Blockbuster Video
location.
Market Plaza required a second review for Pasta Sempliche. On December 10, 1991, the Planning
Commission continued this request to the January 28, 1992 Planning Commission meeting.