07-26-1994CITY OF RIOFIFIELD
PiAminG oommissio 1
RGFADR
July 26, 1994
7:00 p.m. -- Regular Meeting
Regular meeting of June 28, 1994 and Study Session of July 12, 1994.
2111 ` I -- - M
ITEM #1 94- APUD -2 CSM: Amend planned unit
development plan, final development
plan, and conditional use permit
L'V` Uti111t'titi
OPEN DISCUSSION Review of Section 515.01- 515.16
of the Draft Zoning Code
I.i.li l l e 1•t.
School Board
Community Services Advisory Commission
H RA
City Council
AdHoc 135/1494 Traffic Committee
cl_j u rlill ient
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the Administrative Service's Director at 861 - 9702."
PLANNING COMMISSION MINUTES
Regular Meeting
June 28, 1994
MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko,
Timothy Erlander, Morris Nilsen II, Thomas Scaglia, William
Snyder, Kristal Stokes, and Paul Wasko
MEMBERS ABSENT: None
COUNCIL LIAISON: Martin Kirsch, Mayor
STAFF PRESENT: Byron Wallace, Community Development Director; Bill Weaver,
City Planner; and Shawn Drill, Zoning Administrator.
The Planning Commission meeting was called to order by Chairperson Linnihan at 7:00
p.m.
APPROVAL OF MINUTES
M/Erlander, S /Snyder to approve the minutes of the regular Planning, Commission meeting
of May 24, 1994 and the study session June 14, 1994.
Motion carried: 8 -0
PUBLIC HEARINGS
CASE 94- CUP -3, 305 East 77th Street
ITEM 91 New Horizon Child Care
Conditional use permit
Zoning Administrator Drill reviewed the staff report, stating that New Horizon is
requesting the conditional use permit to allow a daycare center for up to 120 children in the
school wing of Assumption Church. He noted that the Church was located in the C -2 district,
where such facilities are allowed with a conditional use permit.
Planning Commission Minutes
June 28, 1994
Page 2
Mr. Drill reviewed the proposal which consisted of relocating the existing daycare center
at St. Richard's Church, 7540 Penn Avenue, to the Assumption Church site. He noted that the
relocation was requested because parish schools were consolidating and more space was needed
at St. Richard's Church. Under the plan, the daycare center at St. Richard's would close.
Mr. Drill noted that Assumption's school had about 160 students during the 1993 -1994
school year. He also said that New Horizon anticipates starting out with about 60 children, and
increasing to meet demand. He added that hours of operation would be from 6:30 a.m. to 6:00
p.m. Monday through Friday.
In review in the site plan, Mr. Drill noted that there was adequate parking and play area
available on the site, and that the drop -off and pick -up areas were located completely on -site in a
safe, convenient location. He also noted that drainage and landscaping were up to date with
current City standards. .
Staff recommended approval of the conditional use permit with two stipulations; one
regarding necessity of State licensure, and one requiring that all building codes be met.
Responding to Commissioner Dmytrenko, Mr. Drill said that a playground would be
constructed southwest of the school site. Mr. Drill also reviewed the rooms to be utilized by New
Horizon.
Penny Madrid, representative for New Horizon, was in attendance to answer questions.
Responding to Commissioner Scaglia, Ms. Madrid said that there are currently 59 children
at the St. Richard's facility.
M/Scaglia, S /Stokes to close the public hearing.
Motion carried: 8 -0
M/Erlander, S/Nilsen to recommend that the City Council approve the conditional use
permit for New Horizon Child Care at 305 East 77th Street with the following stipulations:
1. That the applicable State license be secured.
2. That all building and fire codes be met.
Motion carried: 8 -0
Planning Commission Minutes
June 28, 1994
Page 3
CASE 94- CUP -4, 7132 Portland Avenue South
ITEM #2 Hope Presbyterian -- Interfaith Hospitality Network
Conditional use permit
Zoning Administrator Drill reviewed the staff report, stating that Hope Presbyterian
Church was proposing to join the Interfaith Hospitality Network (W. He stated that the H-IN
is an organization of several churches and synagogues which take turns providing shelter to
homeless families. He stated that under the plan, Hope would host homeless families up to four
weeks out of each year.
Mr. Drill stated that the Council reviewed the proposed use on June 13, 1994 and
determined that it be classified as a church accessory use subject to a conditional use permit.
In review of the II-IN Program, Mr. Drill said that the program would provide shelter and
a secure environment for families in crisis situations, as opposed to chronically homeless. He said
that the program does not serve those abusing drugs or alcohol, those with severe mental illness,
or those fleeing physical abuse. He said the families are screened by social service agencies before
being referred to the Program.
In review of the site plan, Mr. Drill said that the families would be housed in the
classrooms of the school addition, with one family per classroom. He said there would be up to
16 people in the program at any one time. He noted that families would have use of the gym,
shower, and courtyard. In addition to housing, Hope would provide meals to the families during
their stay.
Staff recommended approval of the conditional use permit with five stipulations.
Responding to Commissioner Stokes, Mr. Drill stated that the II3N has set a limit of
allowing not more than 16 persons at one time for host churches and synagogues.
Responding to Commissioner Wasko, Mr. Drill stated that the stipulation which limits
operation to four weeks per year is an important aspect of the City's ability to regulate the use as a
conditional" use. Mr. Drill also stated that the stipulation which requires that meals be prepared
on -site came directly from the City Health Division.
Commissioner Scaglia noted that the IHN sets rules for the host churches and synagogues
which join the IHN.
Responding to Commissioner Wasko, Mr. Drill said that if a violation of the conditional
use permit should occur, the ordinance provides a process which could ultimately lead to
revocation of the permit.
Planning Commission Minutes
June 28, 1994
Page 4
Betty Selness, representative for Hope Presbyterian Church, stated that the IHN was
reviewing the possibility of having the host churches and synagogues run the program for two or
more continuous weeks, but still not exceeding four weeks per calendar year.
Responding to Commissioner Stokes, Ms. Selness stated that Hanus Bus Service provides
the families with transportation to and from the day shelter located in Minneapolis. Public transit
is also utilized on occasion for family members who need to get to a job.
Responding to Commissioner Wasko, Ms. Selness stated that Hope Church would only
provide housing. Support services and counseling are provided at the day shelter through fRN.
Responding to Community Development Director Wallace, Ms. Selness stated that the
families would be transported to the day shelter every day.
Responding to Commissioner Wasko, Ms. Selness stated that the EFIN gets referrals from
county agencies, cities, Lutheran Social Services, and various other agencies. The IHN then re-
screens families that have been referred to them before placing them in the IHN Program.
Responding to Mr. Wallace, Ms. Selness stated that foldable beds would be transferred
with the families when they arrive at the Church. The cots would be set up in the classrooms.
The Church would provide the linens, towels, and other similar items.
Responding to Commissioner Snyder, Ms. Selness stated that each family would have a
separate room or rooms.
Responding to Commissioner Dmytrenko, Ms. Selness stated that there would always be
church members on the premises when families are present, and there would be two church
members who stay overnight at the Church with the families.
Responding the Commissioner Nilsen, Ms. Selness stated that during the day, children
would either go to the day shelter or to a school.
Responding to Mr. Wallace, Ms. Selness stated that families are provided a locker at the
day shelter and would not be bringing valuable items with them to the Church.
Craig Molm, 7214 Fourth Avenue, stated that the many changes to Hope Church over the
years has been a hindrance to surrounding residents. He said that during church services curbside
parking for the residents is difficult, traffic volumes are high, and church -goers use residents
driveways as turn -a- rounds. He said he felt the Church detracted from his property value. Mr.
Molm said he thought the IHN was a good program, but feared that more activity at the church
would be bad for the surrounding residents. He added that all conditions governing the IHN
should be strictly adhered to and regulated.
Planning Commission Minutes
June 28, 1994
Page 5
Sandy Buelow, also representing Hope Church, stated that the 1TIN Program was different
from the one at St. Stephen's Church in Minneapolis in that St. Stephen's serves only adult males
and the IHN serves only families.
Carol O'Hara, 7120 Portland Avenue, stated that the several church activities were
disruptive to the neighborhood. She thought the EF N was a good program, but questioned if any
members of Hope live in the neighborhood.
Ms. Selness stated that ten Hope members live within 350 feet of the Church.
Ms. O'Hara said that the addition to connect the Church and school cause people to cut
through her lawn. She feared the IHN would also become a problem in the future. Ms. O'Hara
said she contacted the Church on two occasions because cars were blocking her driveway.
Responding to Commissioner Stokes, Ms. Selness said that the IHN suggests no more
than four to six church volunteers be present in the evenings, so as to not overwhelm the families.
The volunteers would park in the Church parking lot. Ms. Selness added they the Church is
drawing up house rules and there would be a 9:00 p.m. curfew. She also said families could not
leave the site without prior approval.
Richard Wolfe, 7133 Portland Avenue, stated that he had complaints about headlights in
his window at night, parking on both sides of Portland on Sunday mornings, and cars that block
his driveway on Sundays. He said that there are cars going in and out of the Church until 3:00
a.m. He also said sirens and bus traffic on Portland disturb him.
Deb Dowell, 7108 Fifth Avenue, asked questions about the EFIN Program. Ms. Selness
responded that family members may own their own cars but this was not likely; that most families
would come from Hennepin County; and that there is not a long term residency requirement to be
in the IHN Program. Ms. Selness also said that the average length that families are in the U-IN is
23 days. The IHN is designed to provide short term emergency housing while permanent housing
is sought.
M/Scaglia, S /Stokes to close the public hearing.
Motion carried: 8 -0
M/Scaglia, S/Erlander to recommend that the City Council approve the conditional use
permit to allow Hope Presbyterian Church to operate an intermittent homeless shelter (Interfaith
Hospitality Network) with the following stipulations:
1. That the shelter be limited to operate a maximum of four weeks per year and no more
than two weeks per quarter.
Planning Commission Minutes
June 28, 1994
Page 6
2. That no more than 16 persons be served by the shelter at one time.
3. That the shelter not serve those actively abusing drugs or alcohol, those with severe
mental illness, or those fleeing_ physical abuse.
4. That meals for those served by the shelter be prepared on -site.
5. That all building, fire, and health codes be met prior to operation.
Motion carried: 8 -0
Mr. Wallace noted that the non - related parking issues raised by surrounding residents
could be referred to West Suburban Mediation at the request of any interested party.
CASE 94- APUD -1, 6615 Lake Shore Drive
ITEM #3 Lake Shore Drive Condominiums
Amend final development plan /conditional use permit
Zoning Administrator Drill reviewed the staff report, stating that Lake Shore Drive
Condominiums was requesting approval to allow screening of balconies for those owners who
want it. He noted that Woodlake Point Condominiums, 6500 Woodlake Drive, received approval
for the same type of screening last year. Under the plan, unit owners would have the option of
screening their balconies. Mr. Drill displayed photographs of other sites where such screening
was in place. Mr. Drill reviewed the construction materials, installation standards, and
maintenance standards for the screening enclosures. He noted that each individual screening
enclosure would have to meet the strict criteria and would be subject to a building permit.
Staff recommended approval of the request with two stipulations.
Responding to Chairperson Linnihan, Mr. Drill said that all screens at Woodlake Point
were installed by the same contractor, and that Lake Shore anticipated the same arrangement.
Alice Finley, Manager of Lake Shore Drive Condominiums, concurred with the staff
recommendation and was available to answer questions.
M/Erlander, S /Stokes to close the public hearing.
Motion carried: 8 -0
Planning Commission Minutes
June 28, 1994
Page 7
M/Erlander, S /Scaglia to recommend that the City Council approve the amended final
development plan and conditional use permit to allow installation of balcony screening enclosures
for those owners who want them, with the following stipulations:
1. That all screens comply with the specific installation criteria, as outlined in the staff
report.
2. That blinds, drapes, shades, or other similar items not be hung on the screens.
Motion carried: 8 -0
NEW BUSINESS
Planning Commission Letter #13, Modification to the
ITEM #4 Richfield Rediscovered Redevelopment and Tax
Increment Financing Plans
Zoning Administrator Drill reviewed the PC letter, stating that the Richfield Housing and
Redevelopment Authority (HRA) was proposing to modify the plans in order to bring new
properties into the program. He noted that the Planning Commission is periodically asked to
review the plan modifications and pass resolutions relating to them in fulfillment of State statute.
Responding to Commissioner Scaglia, Mr. Drill said that the modification appeared to be
routine in nature and not different from the previous year, except to update the plans.
Responding to Commissioner Stokes, Mr. Drill said that where double lots exist, a
subdivision waiver may be the most appropriate route to create two buildable lots. Subdivision
waivers do not require Planning Commission action. He also said that in certain instances (e.g.,
unplatted land), a full platting process may be most appropriate, which would require Planning
Commission action.
M/Erlander, S/Nilsen that the following two resolutions be adopted, they be spread in
the Planning_ Commission resolution book, and that they be made a part of these minutes:
RESOLUTION NO. 92
RESOLUTION OF THE RICHFIELD PLANNING COMMISSION
FINDING THAT THE ACQUISITION AND DISPOSITION OF
PROPERTY FOR RICHFIELD REDISCOVERED IS IN COMPLIANCE
WITH THE COMPREHENSIVE PLAN
Planning Commission Minutes
June 28, 1994
Page 8
RESOLUTION NO. 93
RESOLUTION OF THE RICHFIELD PLANNING COMMISSION
REGARDING MODIFICATION TO THE REDEVELOPMENT PLANS
AND TAX INCREMENT FINANCING PLANS RELATED TO THE
RICHFIELD REDISCOVERED HOUSING PROGRAM
Motion carried: 8 -0
OLD BUSINESS
None.
LIAISON REPORTS
School Board: Commissioner Dmytrenko said that the Board denied a request for a multi-
age classroom. She also said that Honeywell has approximately $62,000 in a fund to spend on an
educational project which will provide 17 teachers with computers.
Community Services Advisory Commission: Commissioner Stokes said that this
Commission conducted a tour of the water plant. The Commission also discussed using vinegar
to kill weeds on City property, seal - coating of streets, and traffic studies. She also said that the
Mini -golf Program will be presented with an "Award of Excellence" from the MRPA on July 25,
1994. The Commission conducted a follow -up on the storm sewer policy. The Commission is
reviewing use of neighborhood watch blocks to help patrol or watch out for vandalism at City
parks. They also reviewed sidewalk plowing and determined that there will be no reduction in
plowing for the upcoming season.
HRA: Mr. Wallace reviewed progress on the site plan development for the relocation of
the Emerson Avenue Church to the north portion of the Cloverleaf site. He noted that the Church
seemed very pleased with the latest plan which saves several trees, but also provides the Church
with visibility. He noted that a curb cut issue onto 77th Street was yet to be resolved.
City Council: None.
Ad Hoc Traffic Committee: None.
Chairperson Linnihan reminded Commissioners of the July 12 study session.
Planning Commission Minutes
June 28, 1994
Page 9
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:25 p.m.
Planning Commission
PLANNING COMMISSION MINUTES
Study Session
July 12, 1994
MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko,
Timothy Erlander, William Snyder, Kristal Stokes, and Paul Wasko
MEMBERS ABSENT: Morris Nilsen II and Thomas Scaglia
COUNCIL LIAISON: None.
STAFF PRESENT: Byron Wallace, Community, Development Director; and Shawn
Drill, Zoning Administrator.
The study session was called to order by Chairperson Linnihan at 7:00 p.m.
ITEM #I Distribution of study materials relating to "Adult Businesses"
Mr. Drill said he received the following reports and documents from Holmes and Graven
Law Office:
1. Decision of the Eighth Circuit Court of Appeals, Holmberg v. City of Ramsey, 1993.
2. Decision of the Eighth Circuit Court of Appeals, ILQ _Investments v. City of Rochester,
1994.
3. A report entitled "Regulating Sex Businesses ", prepared by the American Society of
Planning Officials, Report No. 327.
4. A report entitled "Adult Entertainment ", dated 1987, prepared by the Division of
Planning, Department of Planning and Economic Development of the City of St. Paul,
Minnesota.
5. A report entitled "Adult Uses ", dated September 20, 1990, prepared for the City of
Ramsey, Minnesota by Northwest Associated Consultants, Inc.
6. A document entitled "Adult Entertainment, Land Use and Legal Perspectives ", prepared
by the Rochester /Olmsted Consolidated Planning Department and the Office of the
Rochester City Attorney.
7. A document entitled "The Impact of Pornography:' a Decade of Literature ", by McKay
and Dolff, dated 1984, prepared for the Department of Justice Canada.
8. A report entitled "Report of the Attorney General's Working Group on the Regulation of
Sexually Oriented Businesses ", dated June 6, 1989, prepared by the Attorney General of
the State of Minnesota.
Study session minutes
July 12, 1994
Page 2
9. A report entitled "Relation of Criminal Activity and Adult Businesses ", prepared by the
City of Phoenix Planning Department, dated May, 1979.
10. A report entitled "Adult Entertainment Businesses in Indianapolis ", dated 1984, prepared
by the Department of Metropolitan Development, Division of Planning of the City of
Indianapolis, Indiana.
Mr. Drill said he would mail a photocopy of the materials to each Commissioner by the
end of the month. He said, however, that materials listed as items 5, 6, and 7 above were too
voluminous to mail, and therefore, would not be included in the mailing. He noted that materials
could be viewed at City Hall or would be loaned out if returned.
Mr. Drill said according to the draft schedule, the Commission might begin the study next
month. He stated that he may invite someone from Holmes and Graven to attend a future study
session to address the Commission on the subject.
No other discussion occurred.
ITEM #II Review of Sections 505, 508, and 510 of the draft zoning code
A three -ring binder was provided to each Commissioner for their zoning materials.
Mr. Drill outlined the process and progress -to -date for development of the draft zoning
code. He reviewed several aspects and features of the draft code in detail, including plans to
incorporate graphics. He also noted that the draft would be more user friendly than the existing
code -- which has several outdated, conflicting, and incomplete provisions.
Mr. Drill gave the Commissioners a hand -out entitled "Proposed Zoning Amendments" for
Sections 505, 508, and 510, which described the proposed changes with explanatory statements.
The Commissioners reviewed each proposed change, item by item. Areas of discussion
included the following:
Def.: Bed and breakfast inn -- What is "short term" lodging?
Def.: Car wash -- Consider removing "mechanical'.
Def.: Dwelling -- How would "transitional housing" or "hospice" fit in?
Def.: Outdoor open space -- Does this include balconies for multi - family buildings?
Def.: Yard vs. required yard -- May be a duplication.
Traffic visibility -- Consider phrase "or allowed to grow ".
Home occupations -- Review "massage" use.
Home occupations -- Should there be Cub Scout (et al.) exception?
Study session minutes
July 12, 1994
Page 3
Fences, walls, and hedges -- Consider removing height limits for hedges in rear yard.
Mr. Drill said staff would provide a follow -up response to all above raised issues, and
would make some changes as a result of the Commissioners review. He thanked the
Commissioners for their input and enthusiasm.
Commissioner Wasko raised the possibility of amending the by -laws to include a provision
which requires a regular review of the zoning code (e.g., every 5 to 10 years). There was general
consensus that this may be a good idea to ensure that past problems relating to code amendments
don't continue.
Mr. Drill distributed the "revisions marked ", "revisions accepted ", and "existing" copies of
Section 515 for the next review. He also asked the Commissioners if they would consider
beginning review of Section 515 on July 26, if that regular meeting is short. There was general
consensus by the Commission that this would be a good use of time.
ITEM #II[ Site planning lesson project
Chairperson Linnihan stated that the site planning project would begin next month.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:40 p.m.
U
CITY OF R10HRELD
K«nrom commission
Action Requer!
Item: # 1 Agenda Section: Public Hearing
Case: #94- APUD -2 Date: July 26, 1994
GENERAL INFORMATION
Petitioner: CSM Corporation
Subject Area: That area bounded by 77th Street on the north, Colfax Avenue on the east,
I-494 on the South, and Emerson Avenue on the west.
Type of Request: Amend planned unit development (PUD) plan, final development plan, and
conditional use permit for Phase I Redevelopment Project.
Zoning: Will be PC -2 (planned general commercial)
Land Use: Proposed to be retail
Comp.. Plan: Freeway strip
References:
Zoning Code: Section 530.41 outlines the process for amending the PUD plans and the
conditional use permit.
ACTION
Proposed Change: The amendment would modify the parking ratio, building size, building
configuration, and site layout contained in the plans which were approved
on April 18, 1994.
Staff
Recommendation: Approve the amended PUD plan, final development plan, and conditional
use permit for Phase I with stipulations.
HISTORY
Public Notice: Notice of the Planning Commission's consideration and public hearing was
mailed to all property owners within 350 feet of the subject property.
Public Hearing: The Planning Commission will conduct a public hearing on July 26, 1994.
City Council: The City Council has set a special meeting date of August 1, 1994 to
consider the matter.
ANALYSIS
Background: On April 18, 1994, the City Council approved a proposal by CSM to
redevelop the Phase I Project Area of the Interstate- Lyndale- Nicollet (ILN)
Redevelopment District. Phase I included a Best Buy, SportMart, and
CompUSA totaling 114,484 square feet and 488 parking spaces. Phase I
construction is tentatively set to begin in Fall.
Proposal: CSM is requesting an amendment to the plan to allow the following
changes:
Reconfiguration of stores, placing SportMart on the west side as
Anchor A, CompUSA (or other) in the middle as Anchor B, and Best
Buy on the east side as Anchor C.
Increase the size of Best Buy from 47,234 square feet to 57,076
square feet.
Increase to size of SportMart from 42,101 square feet to 43,968
square feet.
Decrease the size of CompUSA (or other) from 25,154 square feet to
15,561 square feet.
Increase total number of parking spaces from 488 to 515 and increase
number of handicapped stalls from 8 to 10. Also, all spaces would be
designed for full size cars (previous plan had 133 spaces designed for
compact car parking only).
Eliminate parking north of the building, and move the building north
approximately 35 feet.
Intensify landscape plantings on the northwest comer of the site.
Move the building to the west approximately 10 feet, and utilize
existing Emerson Avenue for parking along west side of building.
Place two overhead garage doors on the northern portion of the east
wall. This door would allow vehicles to enter the building for stereo
installation.
Modify the docking area to provide one centralized and recessed
unloading area with a right in /right out only access to 77th Street.
Move the parking lot entrance on Colfax Avenue to the southern
end of Colfax (temporary access until Phase II is determined).
RECOMMENDATIONS
Recommended
Action:
Preferred: Recommend that the City Council approve the amendment to the planned
unit development plan, final development plan, and conditional use permit
for Phase I of Shops at Lyndale with the following stipulations:
1. That upon completion of Phase II development, the Colfax Avenue curb
cut to the parking lot be relocated northward, just south of the building.
2. That the City Planner approve the landscaping and screening plan.
3. That the City Engineer approve the erosion control plan and storm water
management plan.
4. That the applicant submit a cash escrow agreement for landscaping
before the conditional use permit will become effective.
Basis: The proposal is consistent with the ILN Redevelopment Plan and
Comprehensive Plan.
2. The proposal provides a workable plan for Phase I, regardless of Phase
II development.
Alternative: 1. Modify the recommendation, adding or deleting stipulations as
appropriate.
2. 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 or the City as a whole.
CITATIONS
ZONING COD E•
530.41. Amendment of conditional use permit. Amendment to a conditional use permit issued for
land within a PUD district shall be by two - thirds vote of the council. The council may hold such
hearings on a proposal to amend a conditional use permit as it may consider necessary; but at least one
public hearing shall be held. The council may consider all factors considered in connection with
rezoning the PUD district and issuing conditional use permits therefor as well as any other factors
relevant to the public health, safety, morals, comfort, convenience or welfare and to the protection of
property or improvements in the neighborhood.
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