Loading...
04-25-1995CITY OF R10HRELD PLnnninG commission AGenDR April 25, 1995 7:00 p.m. NIt, n UT- t51; Planning Commission meeting of March 28, 1995. ACTION REQUEST ITEM #1 95 -ACUP- 3 Hennepin Technical College PIE Program) 7440 Penn Avenue South - Amend Conditional Use permit to allow daycare of up to 60 children ITEM #2 95- CUP -2, 95 -FDP -1 CSM Corporation Conditional Use Permit and Final Development Plan to allow Phase II construction of CSM redevelopment project Ne v uine 9 lcl : wine 1. I ,i.tisun 151141>r-t School Board Community Services Advisory Commission HRA City Council AdHoc 135/1494 Traffic Committee Acl.jc uri iri lent PLANNING COMMISSION MINUTES M • Regular March 28, 199 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko, Timothy Erlander, Mitchell Hadley, Kevin Hansen, Dawn Postudensek, and Kristal Stokes MEMBERS ABSENT: Paul Wasko, David Gepner 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 Linnihan at 7:00 p.m. APPROVAL OF MINUTES M /Stokes, S /Erlander to approve the minutes of the regular Planning Commission meeting of March 14, 1995. Motion carried: 7 -0 PUBLIC HEARINGS CASE 95 -CUP -1, 6600 Penn Avenue ITEM #1 South Bruegger's Bagel Bakery Conditional Use Permit/Off- Street Parking Permit City Planner Weaver reviewed the staff report, he described the issues and background of the case. Weaver stated that research using the ITE parking standards and trip generation standards showed that parking was sufficient. He also stated that a Planning Commission Minutes March 28, 1995 Page 2 conditional use permit was needed since the property was changing hands and not conditional use permit currently existed for the property. Weaver also described the exemplary landscape plans stating that the final design for building and landscape will be a great improvement for the intersection. Greg Loken representing Bruegger's Bagel Bakery spoke on behalf of Bruegger's. He described the parking history of other stores stating that typically 50% of the business is take out. He also stated that customers turn over very quickly with the average stay of less than an hour. M /Dymtrenko, S /Stokes to close the public hearing. Motion carried: 7 -0 M /Erlander, S /Stokes to recommend approval of the Conditional Use Permit. Motion carried: 7 -0 NEW BUSINESS OLD BUSINESS City Planner Weaver Presented a draft schedule of study session /workshop topics. (see attached schedule). The commission agreed upon times and dates. LIAISON REPORTS School Board: Commission Dymtrenko described the phase one change over process and the process for hiring a new superintendent. Community Services Advisory Commission: Commissioner Stokes reported on the recent meeting and election of new chair and vice - chair. She also described the capital improvement programming process. Planning Commission Minutes March 28, 1995 Page 3 City Council: Community Development Director Wallace described the adult uses ordinance process and the recent City Council vote against accepting a proposal from the Dominium Corp. Ad Hoc Traffic Committee: ADJOURNMENT The meeting was adjourned by unanimous consent at 8:30 p.m. 4m::o thyy Erlander l Planning Commission Secretary CITY OF R10HRELD PLRmmnG commission Action Requert Item: #1 Agenda Section: Public Hearing Case: #95- ACUP -3 Date: April 25 , 1995 GENERAL INFORMATION Petitioner: Hennepin Technical College Location: 7440 Penn Avenue South Type of Request: Amend Conditional Use Permit to allow daycare of up to 60 children. Zoning: R- residential Land Use: School Comp. Plan: Institutional References: (see attached Citations section for excerpts) Zoning Code: Section 515.07 outlines conditional uses in the R zone. Section 545.09 outlines the requirements for conditional use permit approval. ACTION Proposed Increase daycare enrollment from 40 children to 60 children. Change: Staff Recommendation: Approve the conditional use permit. 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 April 25, 1995. City Council: Planning Commission action would set a City Council public hearing date of May 22, 1995. ANALYSIS Proposal: Increase the daycare enrollment from 40 children to 60. Background: The Parent - Infant Education (PIE) program provides a comprehensive service to school aged parents and their children. Services provided include day care for children of the student parent, transportation, and specialized parenting classes. In 1990, the Council approved a conditional use permit to . allow 25 children into the PIE program. In 1992 the Council approved an amendment to the conditional use permit to allow an increase to the current enrollment of 40 children. The PIE program is now proposing to utilize an additional classroom up to 60 children. The drop off and pick -up area would remain on the site close to the building entrance. Daycare hours would remain 7:30 a.m. to 4:00 p.m. on weekdays. No physical changes to the Center are proposed. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the request for amendment to the conditional use permit for the Parent - infant Education program at Lincoln Hills. Basis: 1. Lincoln Hills Center is used primarily for special education programs. The PIE day -care program is compatible with other uses in the Center. 2. Adequate on -site parking is available for staff. 3. Adequate play area is provided 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 or the City as a whole. CITATIONS ZONING CODE: 515.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses permitted in the R district. 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. Amended, Bill No. 1990 -17) 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 use 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. 5. 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) Subd. 6. Other 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 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. 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 limitations. 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) S '3AV Mild II vu .. u u v V V y W y Y p ac GC xV C 7 6 C Y a x m m W l W mW m41 0> O> o> W W' wW ° v4a1 n h Y oom O•n •° .rn NED S•0 `r0 +• r1 Q O M1N OWN• ^.av V M1 A J • 7 x F W O o o C W W II vu .. u u v V V y W y Y p ac GC xV C 7 6 C Y a x m m W l W mW m41 0> O> o> W W' wW ° v4a1 n h Y oom O•n •° .rn NED S•0 `r0 +• r1 Q O M1N OWN• ^.av W m•G •-I N Om x F W O o o C W W G WM T A c7 a .. w x HWT u n a T T V 1 a zz 50 N i 1 I cu v W Y L 1 A W L cu r.' oom O•n •° .rn NED S•0 `r0 +• r1 Q O M1N OWN• ^.av r NmI IP •DO Wm•G •-I N Om x N •D •O •O •G P D •O N rmmaomr moon r C C - C G ie yp 4nb awe mv- m•nW °aA COyu7? 7 ~ uMPC ru a.W :maa r o N a 4 T T V 1 a zz 50 N i 1 I cu v W Y L 1 A W L cu r.' CITY Of RICHFIELD PLnnninG oommission Motion RQqu©rt Item: #2 Agenda Section: Public Hearing Case: #95- CUP -2, 95 -FDP -1 Date: April 25, 1995 M;4 1; .f_1W1012,0JU IF- 110610 Petitioner: CSM Corporation Subject Area: That area bounded by 77th Street on the north, Colfax Avenue on the west, 1 -494 on the south, and Lyndale Avenue on the east (except the Conoco Station). Type of Request: Conditional Use Permit and Final Development plan to allow Phase II construction of CSM redevelopment project. Zoning: Subject area is zoned Planned Unit Development for general commercial use. Land Use: Proposed to be retail. References: Zoning Code: Section 549.09 outlines the Conditional Use Permit process. ACTION Proposed Phase 11 construction includes four anchor buildings with an Change: area for "in -line shops" and a total of 114,199 square feet. Staff Recommendation: Approve the Conditional Use Permit and Final Development Plan for Phase II construction. 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 April 25, 1995 City Council: Planning Commission action would set a City Council public hearing date of May 8, 1995. ANALYSIS Proposal: Phase II construction includes a four anchor building with 114,199 square feet. Anchor D would be 38,502 square feet, Anchor E would be 14,438 square feet, Anchor F would be 12,575 square feet and Anchor G would be 24,122 square feet and the "In -Line Shops" would be 12,648 square feet. Phase II would provide 535 parking spaces, which is above the City requirement of 457 spaces for a development of this size. If the project is approved, demolition and construction would begin this summer, with completion anticipated by the end of November. Issues: The building would be situated along the north side of the site, with the major parking area to the south. Most tenant signage would be directed to 1 -494. The building exterior would use a combination of brick, concrete decorative block, Dryvit (a stucco -like finish), and a standing seam metal roof. Monument signage along 77th Street would identify the building as a retail center. The main entrance would be from Colfax Avenue which would be shifted slightly to the east. The rear of the buildings would be situated along 77th Street. Landscaping would be provided to buffer the rear building wall from 77th Street, and to maintain the parkway character intended for 77th Street. The rear wall of the building would be articulated to provide variations and reduce the mass, and to minimize the view of the recessed loading docks. CSM proposes to drain storm water run -off into the new 77th Street/Humboldt Avenue Storm Sewer line, which was designed to accommodate redevelopment of this area. Sumps would be used to capture primarily coarse sediment and floatables on site. RECOMMENDATIONS Recommended Action Preferred: Recommend that the City Council approve the Conditional Use Permit and Final Development pursuant to the attached plans, with the following stipulations: 1. That the City Planner approve the landscape and screening plan. 2. That the City Engineer approve the erosion control plan and storm water management plan. 3. That the applicant submit a cash escrow agreement for landscaping before the Final Development Plan and Conditional Use Permit will become effective. Basis: 1. The proposed Final Development Plan is consistent with the ILN Redevelopment Plan and Comprehensive Plan. 2. The proposed Final Development Plan provides a workable project for the ILN, given the site area constraints. Alternative: 1. Modify the recommendations, adding or deleting stipulations as needed. 2. Recommend that the City Council deny the request with a finding that the proposed use would have an adverse impact on surrounding properties or the City as a whole. r~30V)Ovd )QKVA31A CYNL 1l8rNd EilnR.-a,r 31VONA iV SdOHS 3Hi [ q 00 a i all »e i i ti 1 a 1;1 : = 1s7li Ij; I!I tiii i li llj.11l it c ON1 iltr.rlilllii! li. 1 1 i i t fi llil llIliIrl_I a 4 M z O U) H U FX eF ao XOU I oil II u 1 i It 1 i t all XO s J mF W Jf i!'i7lii lii3a+ I9l1116iilrll,i3 11®oom®®®11®®1®® JOm III{ lmo ®a -—• Ili{ 1y 1 E4 11 lil 1 111111!1 R 4 r![ 11 Nub !11 it sg212[ I iill ;i 7 `i ili li 1! 1111111 111111i11 I I11 1111 # lli ll m lil ir i ! t 1 ee 1 .12112122: 11t212w X M11 I hip 1111111 !i1 !111111 a 9.111 4 !!a: 1111291 all 211[srt mm l IIlIf$i! #! 111lI i Ili II IIi i Ladalrg 1 1 1 12111 rig 2 11 11112 11l 1 Illi 1 #1111 Ut Illilll i4 tah[ behall Ilea 9112211 II i t w I I i t n. 'y r10f7NN111 'QUW0', mae r!L W.ee ee.wuw. AN1 a h f11U1fW11 oumjq -Tiv • -:, II 3SYHd - Tma"'1 iY SdOH6 3k1L a __.__ ww. 40 •a -.1 w Ci ti l Wa V r H1nos '3AV 31VONAI r- I- 7- T -I - - V I I I I g V yO N l 7 ' t• -1I , I J I IJ I ' J I1 II 1 J I I I I R ' F I I I I l I IJ ^ a I w J I Iw J 1 I J ' 1' SVd- Cam, "' 3 — 1 ' = - - - -- L – –_ L - - - - -- - - -- T 3 i 1 - - -- W----- - - - - -- I - -1- 4 - -- I - -- Hlnos and X` JIO3 l 7 ' t• -1I , I J I IJ I ' J I1 II 1 J I I I I R ' F I I I I l I IJ ^ a I w J I Iw J 1 I J ' 71,e'puA-1 lie sdoqs GqiI - H4f)OS 37ViTMA7 i i il\ j< s 1.. uinos '3AY Hxmaw -- - --- H.inos ';AY 11;VAUU 1 ) I Eq mi.nos '3AY xyjioj I lid H,LPOS WAV 37YaMA7 F"' , 11 J'i V1 14 0z I!- '• — S -wos• - ,`' mss. , I ` I ji , I Ifi 1061 it INN F"' , 11 J'i V1 14 0z I!- '• — S -wos• - ,`' mss. , I ` I ji , I Ifi liRpuA-1 1p sdOt4S Gqi7 millul H4nas wAr s7vasA7 R si H.LnOS 'SAY H.71bra7Y V) IFT Aranos *3AV ZNYAhrG iii t H.Inas TAY XYJ70J y ;Aw it T ji i'ii` Ul AV N.inos 'SAY 37YUNA7 i l WE l T, 1111ji M 144 12 1-i A I A I ..#,. ". , UP d9116PU-R-1 IP s N u I v 1 ia M11, an u ILI. . ..... H.LnOS '3AV 37YONAI H.LnOS WAV 37YUNA7 m U.InOg 'SAV HOW177V I ..,fit I N - : :, ,, ,, t, ,- .;r I , H.In" 0" S V IN YA ?IS j I I I 1.1 h 11 7jZ s 'JA V XVJ70.7 mjx id - l i • .i,. - t 114-r W3EYV> gNd axaadvOd3IOaUd S v' m nLL 35r3e3uy1a Id 3N) 1V SdOHS 11'•;' dli -r' f I'=iii lilt 11, ry umumnm imummninuuunimmuiimio=,ali; ep nuuuimnpmuunuuunuuuuioummuolnum =u'- i c zE a I 111111 1 11'•;' dli -r' f I'=iii lilt 11, ry umumnm imummninuuunimmuiimio=,ali; ep nuuuimnpmuunuuunuuuuioummuolnum =u'- i c zE a I i n.rm xw r.+ 3flY)1JVd HtlOM 115 - ON\1 35Vlid (KBY ;Uj ENO! 5 I( ri9 ney,asGS 1QSJ lI YIO53NNIN O'13llN7fN ! i9 3IdaNA I iV SdOHS 3H1 3 1:::1:1 :1::::11:,1::1;:::;:::1:, _ . a. IIIiIIIiS P: IIIIIIIIi? MI III On INS I+ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 'r 1', • G; icp I1 III 111111111lI11IIIIIIIIIIIIIIIpIl III 111111111111111111I11111'IU!= a.mn ,arvr 3`J iow NHO US OML 3SvHd i I) 41 n.g...d..o W93 W.4 YI053mm W II t{ 1 J 03M'd3Yd '0731JUYU J( E A F 31daNkl lb SdOHS 3Hl J r a• y Q s E i t7 g i pY ii CL N (A v . z J s ave W W 1101g ti avA3 o a. h a W fi- till, 0al lids W n s a rw0 z oVw V7 m Y r rwO w r UJt' a pp gg s0 i5 fCK E Hv E n IN CL i m U a rut o wvL LU n zU V) wO 2 J2 zOd' La M U 7z 0v t W t3 d v w Y =_] W i = Y = 1A P p I q 3 OWa v V) LAJ a 3 W 7 Q. Il 4 i N I i i I w"m ""Aw 3OV,Md MOVAIM OW 11-111r—a Ir I]] Ill. Q3by,:f3bF4 V73f-4HM TYCINAI IV SdOHS 31ji U.&noS 'JAY 37MIM7 H4nos 'JAY 37vaArA7 031 w.Lnos WAY HJ1R(T7V m.tnOS .1NYA89 H.Lnos 'gAY xvi70.7 I ,. H.LnoS 'JAYiNodna M ®R A z M I Htfl*m, _ " i 11-11 OII-Rl o 4 r 1 Q Q WJW O N W W 4J Q 9Y W i O 4 w W 310 i 4 J W + Z 1 i Q n 1 / MEN I 11 7 B; wvwr rCmnn wZ TTIII- UTTTT1T ilI E x 5 II1IjjfI i+1 ;8NiTTTfUIfHRNC F r 19i " c jl li••:• iiiiioi+}iiiii c fifisEi F F , C rrGJJJ 19IIIIIU 111111/111 mown 7 B; wvwr rCmnn wZ TTIII- UTTTT1T ilI E x 5 II1IjjfIi+1 ;8NiTTTfUIfHRNC F r 19i " c jl li••:• iiiiioi+}iiiii c fifisEi F F ,