02-25-1997CITY Of R10HRELD
Knnnim commission
FiGEnDR
February 25, 1997
7:00 p.m.
Planning Commission meeting of January 28, 1997 and Planning
Commission study session of February 11, 1997
ITEM #1
ITEM #2
ITEM #3
ITEM #4
ITEM #5
ITEM #6
ITEM #7
97 -CUP -2 6601 Penn Avenue - CUP for Amoco to add an
accessory car wash
97 -CUP -3 200 W. 78th Street - CUP for U S Tower Providers
to construct a 150 foot telecommunication tower
PC Letter #4 CI P/C IB
PC Letter #5 Election of Officers
PC Letter #6 Appointment of liaisons
PC Letter #7 Approval of PC By -laws
PC Letter #8 PC Study Session Schedule
ITEM #8 PC Letter #9 Outdoor Service of Alcohol at Restaurants
Il' ;:ijii;:: jr: j:: i .::`:.:iY':i:,•'.
Fv,'.•_
x {:
i ':i:{ :v i2
f :':,••: •:•• S•• ::•4:
n
ij }:r,:•:<•'"•4.
xr.` }yY.•.,'.:, :':
JT:ii ?: iii{+.
Y•} : In:} ry:}: j• jj::
jiSi': ii: :': {{: {: fii :::i.::n' ^
Yiiiiti•ir::ni ^:tii: 4iiii:.::: :::: i }i::i:• } }i:•i'v: ^i:.i:•
School Board
Community Services Advisory Commission
H RA
City Council
ii :. }:.ii:;r•i:•i:.:.:vv;•;•;•i:. i•:•i;.iii::.i:L;•::.:i;.i..... }iiii;•; ?:ii {•iyii ......
ii ($:•, ::}% }:'r.:•,::::::i:i'i::,.': ':Y,.iS: };: % ?Sri'r,: >` >';Y :.'•i:•,i:•,:•,:::i" i'r:• iiivii +i'r'rS« ::C::•.:..':Y .';j....:..... { #:'; ; ?:•.::Y:ti::: i:'r`i"•••`L }: ';.', ^it; <iY:::ii'`::t ; <}.. . i:.......... ............ .....:....................:.........:........................ ..:..........:...:..........:.: tiii:::.:: :::::::........:.:.. ..::. i::::: iii::::: ::.... :v :y.:;w:•::: :..:':.il:::::::.
v:::. vY:iii4:{i4:4:•iY. iiiiii:4i:try }iiii iiiiiiiii:.iiii iii ii; i:B:L•:vii:vi iii}}: i::: 4: iJ: ti^ iiiiiY:: ::::isti:YY:•iiYiYiiii:•iiC'r'r: Sir: i:•:•:•: •:•:•'r;:•i:•i:ii;{ ?i::ij: Y isis ii;•;iii:•iiY:.
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 $61- 9702."
Item: #1 Agenda Section: Public Hearing
Case: #97 -CUP -2 Date: February 25, 1997
GENERAL INFORMATION
Petitioner: Amoco
Location: 6601 Penn Avenue South
Type of Request: Conditional use permit to allow construction of an accessory car wash.
Zoning: C -2 (general commercial)
Land Use: Commercial
Comp. Plan: Mixed land use
References: (see attached Citations section for excerpts)
Zoning Code: 526.27, Subd. 15
Site plan and resolution denying a CUP for a car wash proposed in 1987
ACTION
Proposed Change: Approval of a conditional use permit would allow construction of an
accessory car wash on the existing Amoco gas station property.
Staff
Recommendation: Approve the conditional use permit request 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 February 25,
1997.
City Council: Planning Commission action would set a City Council public hearing date
of March 24, 1997.
ANALYSIS
Background: In 1987, the Amoco gas station at 6601 Penn Avenue applied for a conditional use
permit (CUP) to construct an accessory car wash on the east side of the property.
The CUP was denied because issues with noise, traffic flow and trash storage
were not addressed (see attached resolution). Amoco later revised their proposal
and resubmitted the application in 1988. It was denied a second time because the
noise issue had not been sufficiently addressed and because of concern about icing
on the streets and sidewalk.
Proposal: Amoco is applying again for a conditional use permit to add an accessory car
wash onto the existing gas station. The pumps and canopy on the east side of the
building would be removed and a 902 square foot car wash added onto the
existing building.
The car wash would be located 20 feet from the east property line. The existing
fence along the property line would be replaced with a six -foot fence. A design
similar to that used for the 77th Street sound wall would be required for the fence
see attached sketch). Although the fence would not provide the degree of sound
insulation that the 20 foot wall along 77th Street does, it would provide a
significantly better barrier than the existing fence. A portion of this area would
also be landscaped with evergreen trees to provide additional buffering.
New landscaping would also be installed throughout the site. The landscape plan
was recently resubmitted and should be subject to final approval by staff; minor
modifications in plant materials may be required.
Five parking spaces, in addition to parking spaces next to the gas pumps, would
be provided. Queuing space for six cars is also provided along the south property
line. A new trash enclosure, matching the existing building, would be
constructed to accommodate both the trash and recycling dumpsters. No lighting
is planned for the east side of car wash. Signage would be as shown on the
attached elevations.
Issues: Adjacent Land Uses: Single family residences abut the gas station to the
east. Currently, the lights from the gas canopy, the lack of a suitable trash
dumpster, noise from the exterior speaker, the hours of operation and the lack
of a suitable fence have an impact on the residential neighborhood. The
proposed site plan attempts to address these concerns. Representatives from
Amoco spoke with the immediately adjacent neighbors to get their feedback
on the proposed car wash.
Noise: Amoco proposes several measures to address the issue of noise
created by the car wash.
A 10 -foot long stub wall would be constructed at the north end of the car
wash for noise deflection.
The doors to the car wash would be closed when the car wash is in
operation.
The fence would be replaced with a fence designed to provide better
sound insulation.
Use of an exterior speaker for the car wash would be prohibited.
Evergreen trees would be planted along a portion of the east property
line.
Hours of Operation: To meet the stricter nighttime noise limits required by
the ordinance, the hours of the car wash should be restricted to 7 a.m. to 10
p.m.
Icing on the Streets and Sidewalk: The City has experienced problems with
other car washes in town during the winter months when the water runs off of
cars and creates ice on City streets and sidewalks near the car wash. Amoco
proposes to install a heated slab with a trench drain to catch water that runs
off of cars exiting the car wash. At this time, the Utilities Superintendent has
not approved the location or installation of the trench drain.
Additional measures should also be taken to address the icing issue including
the following: requiring washes to include drying when the temperature is
below 32 degrees, installing a 15 second delay after the wash cycle is complete
before the doors open, and prohibiting use of the car wash at lower
temperatures if ice becomes a problem.
RECOMMENDATIONS
Recommended
Action:
Preferred: Recommend that the City Council approve the request for an accessory car wash
with the following stipulations:
1. That a stormwater management plan be approved by the Public Works
Director.
2. That a sediment and erosion control plan be approved by the Public Works
Director.
3. That installation of a trench drain be approved by the Public Works
Director.
4. That the final landscape and fencing plan be approved by the Community
Development Director and a cash escrow submitted.
5. That the hours of the car wash operation be limited to between 7 a.m. to 10
p.m.
6. That operation of the car wash require drying when temperatures are below
32 degrees.
Basis: 1. Adequate parking would be provided on the site.
2. Adequate queuing space for cars waiting to be washed would be provided
on the site.
3. Amoco is proposing several measures to address the potential for the car
wash to cause iciness on City streets and sidewalks.
4. Amoco is proposing several measures to mitigate the noise impact of the car
wash on the adjacent residential properties.
5. The proposed car wash would eliminate the existing gas pumps and canopy
on the east side of the property, which currently have a negative impact on
the residential properties.
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.
ZONING CODE:
CITATIONS
SECTION 526 - ZONING: COMMERCIAL DISTRICTS
526.27. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C -2
District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code.
Subd. 15. Accessory car washes, provided the following conditions are met:
a) a buffer yard of at least 15 feet in width shall be provided to separate such car wash
facilities and related queuing areas from any abutting residential parcel or street right -of-
way;
b) queuing space for at least six cars (105 feet) shall be provided, as measured from but not
including the wash station -- such queuing space shall not interfere with parking spaces or
traffic circulation;
c) the car wash and site shall be designed to prevent icing and muddying of public streets;
d) the driveway between the exit door of the car wash and the street right -of -way shall be at
least 40 feet in length; and
e) the car wash shall comply with the noise control limits set by Section 930 of the City
Code.
RESOLUTION NO.
RESOLUTION DENYING A CONDITIONAL
USE PERMIT FOR AN AUTOMATIC CAR
MASH FACILITY AT 6601 PENN AVENUE
BACKGROUND
The City Council accepts the following statement as background.
1. Amoco Oil Company has requested that the city grant a
conditional use permit to permit a detached 16.8 foot by 44.3
foot automatic car wash facility at the existing Amoco
service station store at 6601 Penn Avenue South.
2. The proposed car wash would replace the existing pump islands
and canopy located on the east side of the main service
station store structure. The structure would be located five
feet from the main structure and 1918" from the east property
line of the site.
3. The proposed structure would be a one story masonry structure
with a prefinished metal fascia and overhead doors on both
ends of the structure.
4. The site is located in a C -2 general commercial zoning
district and a service station store with an automatic car
wash is permitted in a C -2 general commercial zoning district
with a conditional use permit. The existing service station
store has a conditional use permit. The expansion of the
existing use to include an automatic car wash necessitates a
new conditional use permit.
5. The surrounding land use is single family residential to the
east and commercial to the west, south and north.
6. The gasoline service station store and automatic car wash
facility would be operated 24 hours a day.
7. There have been complaints filed with the city concerning the
noise generated by the existing service station store on the
site.
8. The city's comprehensive plan contains a land use control
policy stating the following:
To regulate commercial establishments so as to achieve a
high standard of maintenance and repair. The quality of a
building and landscape design, the proper storage of trash
and the maintenance of the yard, the control of noise, light
and odors and many other factors will be considered important
to the acceptance of proposed commercial developments."
9. The parking layout provide minimal space for proper traffic
flow along the south and east sides of the proposed car wash
structure.
10. The existing trash dumpster is located in parking space #7.
The exact location of a new dumpster location and how it will
be screened have not been specified.
FINDINGS
Based on the foregoing, the City Council makes the following
findings:
1. The proposed car wash would add to the existing noise level
at the adjacent residences.
2. There was no evidence presented to demonstrate that city
noise control ordinances would be met.
3. The car wash would be operated 24 hours a day and would
result in additional noise nuisances to adjacent residences
during the late night and early morning hours.
4. Because there has been no evidence to show that noise will be
controlled the proposal would not be consistent with the
comprehensive plan land use control policy listed previously.
5. There will be traffic flow problems along the south and east
sides of the car wash structure because of minimal driving
aisle widths.
There is inadequate provisions made for trash storage.
nC (IT CTnK1
NOM, THEREFORE, BE IT RESOLVED by the City Council of the
City of Richfield, Minnesota that the request by Amoco Oil
Company for a conditional use permit to allow the expansion of an
existing gasoline service station store to include a detached
automatic car wash facility at 6601 Penn Avenue is hereby denied.
Passed by the City Council of the City of Richfield,
Minnesota this 28th day of September, 1987.
John Hamilton, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
Sij'• i!ti f __ sir Y. - -
Q o
i r W { o «
Y f •
Olt
Sij'• i!ti f __ sir Y. - -
TFTT
CK
sue• z :
s
s i . < . :', ;.. -
p. }, _ 0• F` v
mow^ . ..:
ii z p z
uj IL
1 O•• I
Vey
w }((•
fur
ra
T. H
TT
n ,'
0 J
W -
a'
3nN3AV "34
Denial of the Conditional Use Permit Amendment
at 6601 Penn Avenue South
The City Council on May 9, 1988 voted to deny the request of
Amoco Oil Company for an amendment to the conditional use permit
at 6601 Penn Avenue South to allow the construction of an
addition and an automatic car wash facility to the existing
structure.
The basis of denial are as follows:
1. Upon reviewing the design of the proposed car wash facility,
the City is concerned about the safety and liability issues.
These concerns were raised because of the icing problems
which would be created on the sidewalk, driveway and street
due to the lack of a drying system incorporated into the
facility. The proposed trench drain would not solve this
icing problem.
2. The applicant indicated that a mechanical drying system,
which would solve the icing problem on the site, would create
a noise level of 75 decibels at the closest point of the
facility to the single family residential use to the east.
This noise level would be incompatible with the abutting
residential uses. A noise level of 75 decibels however,
would exceed the maximum allowable noise level of 65 decibels
fro a C -2 district and would require a variance to meet the
City's noise ordinance.
4 ZF
Y
9
9 ;=
a0
nI
C
O
l4
O
S
O
C
N c d
LL
a
o d
Q E F" 5
m a C
C
c > C.
5000
8
0
a
Y •1:c
Fn
C
ca
a
c
a 0-0c «.
aE ~u
as CL
e 0
c Q.
j 000
d
a
WEST 66TH STREET
6601 PENN AVENUE
PROPOSED CAR WASH
9-1- OK Im
STN{ 0. r u
SITE PLAN
RIC HF ELD
6601 PENN AVENUE
PROPOSED CAR WASH
ADORION
E)"T*U
EXIT
s s
s
NORTH
SIDE ELEVATION
F,QSrw MAW uauSH ADOMWN
ENTRANCE
r r r
a r r
SOUTH
SIDE ELEVATION
DATE: 2 -19 -97
ELEVATIONS
Item: #2 Agenda Section: Public Hearing
Case: #97 -CUP -3 Date: February 25, 1997
GENERAL INFORMATION
Petitioner: U.S. Tower Providers
Location: 200 West 78th Street
Type of Request: Conditional use permit to allow construction of a 150 -foot
telecommunications tower.
Zoning: I (industrial)
Land Use: Commercial
Comp. Plan: Freeway strip
References: - (see attached Citations section for excerpts)
Zoning Code: Section 506.07, Subd. 84, 85
City Code: Section 426
Opinion Letter from Assistant City Attorney
ACTION
Proposed Change: Approval of a conditional use permit would allow construction of a 150 -
foot telecommunications tower at 200 West 78th Street.
Staff
Recommendation: Deny the conditional use permit request.
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 February 25,
1997.
City Council: Planning Commission action would set a City Council public hearing date
of March 24, 1997.
ANALYSIS
Background: The Federal Telecommunications Act of 1996 maintains the authority of state and
local governments to establish reasonable standards and regulations for towers and
antennas to protect the public health, safety and welfare. The Act does place
some limits over a municipality's ability to regulate telecommunication towers and
antennas. According to the Act, the use of zoning power by cities to restrict
antennas must be reasonable and not have the effect of prohibiting service.
In 1996, the Planning Commission worked to develop a telecommunication tower
ordinance to help the City respond to requests for telecommunication towers and
antennas. A primary goal .in developing the ordinance was to provide for a well
designed and efficient communications system. An equally important goal was to
establish regulations for towers and antennas that would help minimize adverse
visual effects, avoid potential damage to adjacent properties and maximize the use
of existing towers and buildings. The City's tower ordinance became effective in
November, 1996.
Proposal: U.S. Tower Providers is proposing to construct a 150 -foot telecommunications
tower at 200 West 78th Street (Minnesota Mini - Storage). Related equipment
would be located in an adjacent storage building. According to the applicant, the
tower would be constructed to accommodate antennas for up to four providers.
The tower would be located in the center of the property, among the four
buildings on the site. The proposed location does not meet the requirement of the
City's ordinance that towers be located in a rear or interior side yard. The rear
and side yards of this property are defined as the areas to the north and west of all
buildings on the site. In 1981, the property owner received setback variances to
construct the buildings where they are located, with limited rear and side yards.
The applicant was informed that they do not meet the ordinance requirements, but
they decided to proceed with the application on the grounds that staff have
misinterpreted the ordinance. An opinion from the Assistant City Attorney is
attached.
Issues: • The applicant has the option of applying for a variance from the subject
provision, although they have not done so at this time. A Hearing Examiner
would have to make the decision regarding a variance; however, it is staffs
opinion that the tests for a variance could not be met.
The applicant was advised that they have the option to petition for a change in
the ordinance if they believe the current provisions are overly restrictive.
Wireless telecommunications is a new issue for the City to face and changes
are occurring rapidly, so it would be appropriate to review the ordinance for
potential changes at some time. Staff believe, however, that the ordinance
should not be changed based on one individual situation. Since the ordinance
has only recently been adopted, review of the entire ordinance should take
place after staff and the Commission have had a sufficient opportunity to use
it.
The applicant has chosen the proposed location in part because the existing
22 -foot tall buildings would screen a small portion of the tower. There are
few trees or other tall structures in the near vicinity to provide any other
screening of the tower.
The applicant is a private company planning to build and manage the tower
and lease space to interested wireless telecommunication firms. Construction
of the tower is speculative at this point; the applicant has submitted no
evidence that any providers are willing to locate on the tower. They have
submitted no technical data to verify the viability of this location relative to
the various provider networks, and further, they have provided no evidence to
support the need for a 150 -foot tall tower. Although the applicant indicates
that the tower will be constructed to accommodate four users, no engineering
data is available to verify that the appearance of the tower and size of the base
shown in the submitted plans will accommodate four users.
RECOMMENDATIONS
Recommended
Action:
Preferred: Recommend that the City Council deny the request for a conditional use permit
with a finding of fact that the proposed tower does not meet the ordinance
requirement that towers shall be located in a rear or interior side yard (426.05,
Subd. 3). Direct staff to bring the tower ordinance to the Planning Commission
for review and to consider this item and other potential changes at a study
session in August.
Basis: 1. The proposed location does not meet the ordinance requirement to be located
in a rear or interior side yard.
2. Federal law prevents cities from prohibiting the provision of personal
wireless services. It does, however, give cities the authority to establish
local regulations involving placement, screening or height of antennas. The
City established these regulations in 1996, and providers are required to
comply with them.
3. The tower ordinance became effective in November, 1997. It is appropriate
to allow time to use the ordinance and review the ordinance in its entirety
before recommending amendments.
Alternative: Recommend that the City Council approve the request for a conditional use
permit to construct a 150 -foot monopole at 200 West 78th Street with the
following stipulations:
1. That the applicant apply for and receive a variance prior to City
Council action.
2. That the applicant submit a plan for planting trees around the perimeter
of the site and replacing the existing fencing.
3. That the applicant submit technical evidence of the tower's ability to
accommodate multiple users.
4. That the applicant submit evidence that a minimum of one user is
planning to locate on the tower before construction begins.
5. That the applicant submit technical evidence that the proposed tower is
in a viable location to fit into the networks of the proposed users.
ZONING CODE:
CITATIONS
SECTION 506 - ZONING: PURPOSE AND DEFINITIONS
Subd. 82. "Yard" - A required open space located on the same lot with a building, unoccupied and
unobstructed from the ground up, except for landscaping or other uses as provided by this code. The
minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the
nearest wall of the principal building.
Subd. 83. "Yard, front" - An open space on the same lot with the building extending across the
entire width of the lot and situated between the front lot
line and the nearest line of the principal building, as
projected to the side lot line(s). (Figure 8)
Subd. 84. "Yard, rear" - A yard extending across the
entire width of the lot and situated between the rear lot
line and the nearest line of the principal building, as
projected to the side lot line(s). (Figure 8, p. 506 -10)
Subd. 85. "Yard, side" - A yard lying between the side
lot line and the nearest line of the building extending
between the front yard and the rear yard, or in the
absence of either such front or rear yard, to the front or
rear lot lines. (Figure 8, p. 506 -10)
Rear Lot Line
r'- - •- • -- -•- I
i Side
Side Rear Yard ! Lot Line
i
Lot Line i
j LIBILunding RoofSide Side
Yard – .....
T '—
Yard
Front Yard
Front Lot Line
Figure 8
Richfield City Code 426.01 (Rev. 1996)
Section 426 - Public commercial wireless telecommunication
services antennas and towers
Added, Bill No. 1996 -21)
426.01. Purpose. Subdivision 1. The purpose of this ordinance is to provide
for the safe installation and usage of public commercial wireless
telecommunication services (CWTS) towers and antennas. The provisions of this
section are intended to protect the health, safety and general welfare of the
community, while providing for well designed and efficient telecommunications
systems. The provisions are intended to minimize the adverse visual effects of
towers through careful design and siting standards, to avoid potential damage to
adjacent properties from tower failure through structural standards and setback
requirements, and to maximize the use of existing towers and buildings to
accommodate antennas and reduce the number of towers needed to serve the
community.
426.03. Definitions. Subdivision 1. For the purposes of this section and the
zoning code of the city, the terms defined in this subsection have the meanings
given them.
Subd. 2. "Commercial wireless telecommunication services" means any
licensed telecommunication services including cellular, personal communication
services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized
radio (ESMR), paging, and similar services that are marketed to the public.
Subd. 3. "CWTS antenna" means any structure or device which transmits and
receives electromagnetic waves, including but not limited to directional antennas
such as panels, microwave dishes, satellite dishes, and omni- directional
antennas.
Subd. 4. "CWTS tower" means any pole, spire, structure, or combination
thereof, including supporting lines, cables, wires, braces. and masts, intended
primarily for the purpose of mounting an antenna or similar apparatus above
grade, for the purpose of provide CWTS to the public.
126.05. Location. Subdivision 1. The requirements in this subsection apply to
CWTS towers and antennas erected, constructed, placed, re- erected or replaced in
the city.
Subd. 2. CWTS towers and related equipment shall be allowed in the
following zoning districts with a conditional use permit:
a) C -2, C -3, MR -3 and I districts;
b) R district on church, park, government, school, utility and
institutional sites; and
c) Planned unit development districts as approved in the final
development plan. '
Subd. 3. CWTS towers and related equipment in the C -2, C -3, MR -3 and I
districts shall be allowed in the rear yard and in an interior side yard provided
that the side yard property line abuts another commercially or industrially zoned
property.
Subd. 4. CWTS towers and related equipment in the R district, as
conditionally permitted in Subd. 2(b) shall be allowed only in the rear yards.
Richfield City Code 426.05, Subd. 5
Rev. 1996)
Subd. 5. CWTS antennas shall be allowed as an accessory use in the
following zoning districts:
a) MR -3, C -1, C -2, C -3 and I districts;
b) R district on church, park, government, school, utility and
institutional sites; and
c) Planned unit development districts with administrative approval by
the community development director.
426.07. CWTS tower performance standards. Subdivision 1. These performance
standards apply to any CWTS tower that is erected, constructed, placed, re-
erected or replaced in any zoning district in the city.
Subd. 2. Minimum setback requirements:
a) Towers in the C -2, C -3, MR -3 and I districts shall meet the setback
requirements for an accessory structure for the underlying district.
b) Towers in the R district shall meet the setback requirements for a
non - residential accessory structure for the underlying district.
c) In addition to the setback requirements in Section 426.07, Subd. 2(a)
and (b), towers in the C -2, C -3, I and R districts shall have a separation from
properties devoted to residential uses equal to 1.5 times the height of the
tower. Measurements shall be taken from the tower to the nearest lot line.
d) In addition to the setback requirements in section 426.07,
subdivision 2(a), towers in the MR -3 district shall have a separation from
adjacent properties devoted to residential uses, measured to the property line,
equal to 1.5 times the height of the tower. Further, the tower shall have a
separation from any multi - family residential structure that exists on the
property in the MR -3 district on which the tower is located equal to 1.5 times
the height of the tower.
e) The city council, at its discretion, may reduce the.required setback
or separation to allow the integration of a tower into an existing or proposed
structure or feature such as a church steeple, light standard, power line support
device, sports stadium or similar structure or feature.
Subd. 3. Height. The maximum height of a tower, including all antennas
and other attachments, shall not exceed 150 feet.
Subd. 4. Signage. No signage is permitted on a tower except a0piicable
warning and equipment information signage required by the manufacturer or by
federal, state or local authorities.
Subd. 5. Lighting. Towers and related antennas shall not be artificially
lighted unless it is required by the Federal Aviation Administration or other
federal or state authority. When incorporated into the approved design of the
towers, light fixtures used to illuminate ball fields, parking lots, or similar
areas may be attached to the tower.
Subd. 6. Design requirements. Proposed or modified towers shall meet the
following design requirements:
Richfield City Code 426.07, Subd. 7
Rev. 1996)
a) Towers shall be of a neutral color and designed to minimize
visibility and blend into the surrounding environment except in cases where color
is dictated by the Federal Aviation Administration or other federal or state
authority.
b) Towers shall be of a monopole design unless the city council, at its
discretion, approves an alternative design.
Subd. 7. Co- location. All towers shall comply with the following
requirements:
a) If a tower exceeds 75 feet in height, the tower shall be designed to
structurally accommodate the owner's antennas and at least one additional user
unless the additional height required for an additional user is prohibited by the
Federal Aviation Administration. The conditional use permit application should
include technical information demonstrating that the tower can accommodate a
second user.
b) Shared use of existing towers or structures shall be preferred to the
construction of a new tower. A proposal for a new telecommunications tower shall
not be approved unless the city council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on an existing
or approved tower or on a building over 75 feet in height within a one -half mile
search radius. The applicant must demonstrate that the proposed antennas cannot
be accommodated on an existing tower or structure due to one or more of the
following reasons:
i) the unwillingness of the owner of the existing structure or
tower to co- locate an addtional antenna;
ii) the planned antenna would exceed the structural capacity of
existing and approved towers and facilities;
iii) the planned antenna would cause radio frequency interference
with other existing or planned equipment, which cannot reasonably be
prevented;
iv) other reasons affecting technical performance, system
coverage, and system capacity make it impractical to place the equipment
proposed on existing structures or towers; and /or
v) other unforseen reasons that make it unfeasible to locate the
planned equipment on an existing or approved tower or building.
426.09. CWTS antenna performance standards. Subdivision 1. These performance
standards apply all CWTS antennas that are erected, constructed, placed, re-
erected or replaced in any zoning district in the city.
Subd. 2. Height. The maximum height of an antenna is 15 feet without a
conditional use permit.
Subd. 3. Signage. No advertising message shall be on the antenna
structure.
Richfield City Code 426.09, Subd. 4
Rev. 1996)
Subd. 4. Screening. Such structures shall be screened from adjacent
residential uses and street rights -of -way. Screening shall include materials
compatible with those utilized on the exterior of the building for roof mounted
antenna structures. Screening plans shall be approved by the community
development director.
Subd. 5. Lighting. Towers and antennas shall not be artificially lighted
unless it is required by the Federal Aviation Administration or other federal or
state authority.
426.11. Accessory buildings and equipment. All buildings and structures
accessory to a tower shall be architecturally designed to blend in with the
surrounding environment and shall meet the minimum setback requirements of the
applicable zoning district.
426.13. Abandonment. All obsolete or unused towers and related antennas and
equipment shall be removed within 12 months of the cessation of operations,
unless a time extension is approved by the city council. If a time extension is
not approved and the tower is not removed within 12 months, the tower may be
deemed a nuisance pursuant to Section 925 of the city code. In the event a tower
is determined to be a nuisance, the tower and associated facilities may be
removed by the city and the costs of removal assessed against the property.
426.15. Interference. All new or existing telecommunications service shall
comply with all relevant Federal Communication Commission standards and shall not
interfere with public safety and other city telecommunications. At the
discretion of the director of public safety, the owner of a telecommunications
service may be required to submit an inter - modulation study which provides a
technical evaluation of existing and proposed transmissions and indicates all
potential interference problems.
426.17. Health- related standards. Antennas placed upon a tower shall be subject
to state and federal regulations pertaining to nonionizing radiation and other
health hazards related to such facilities. If new, more restrictive standards
are adopted, the antennas shall be made to comply or continued operations may be
restricted by the city council.
426.19. Support of public warning systems. Telecommunications operators that
utilize towers that are erected after the effective date of this ordinance shall
participate in the Emergency Alert System (EAS), as defined by FCC rules and
regulations, Part 11, by broadcasting warnings of severe weather and other life
threatening emergencies to users of personal communications equipment served by
the tower. Telecommunications operators may be exempt from the requirements of
this subdivision under the following circumstances:
a) The telecommunications operator demonstrates that participation in
EAS is not technologically feasible:
b) The telecommunications operator is unable to acquire any FCC waivers
or exemption from licensing or other regulations that would prohibit
participation in EAS; or
c) The state or regional EAS planning committees determine that
participation in EAS by the telecommunications operator is not necessary.
Richfield City Code 426.21 (Rev. 1996)
426.21. Permits. Subdivision \1. Required. Except as provided in subdivision
3, no person may erect, construct, place, re- erect, reconstruct or replace an
antenna or tower in the city without first making application for and obtaining
a permit therefor from the building official.
Subd. 2. Information. The applicant for the permit shall provide at the
time of application sufficient information to indicate that the erection,
construction, placement, re- erection, reconstruction or replacement of an antenna
or tower will not create a safety hazard or damage to the property of other
persons.
Subd. 3. Certification. Towers shall be certified by a qualified and
licensed professional engineer to conform to the latest structural standards of
the Uniform Building Code and the Electronics Industry Association.
Subd. 4. Exceptions. Permits are not required for the adjustment, repair
or replacement of elements of the antenna or tower, provided such adjustment,
repair or replacement does not reduce the safety factor.
426.23. Construction. Subdivision 1. Wind. Towers with antennas shall be
designed to withstand applicable wind load requirements as prescribed in the
state building code.
Subd. 2. Treatment. Towers shall be constructed of, or treated with,
corrosive resistant material.
Subd. 3. Climbing. A tower affixed to the ground shall be protected to
discourage climbing of the tower by unauthorized persons.
Subd. 4. Appurtenant structures. No antenna or tower shall have affixed
or attached to it, in any way, any catwalk, crow's nest or like structure, except
during periods of construction or repair.
462.25. Non - conforming installations. Subdivision 1. General rule. Antenna
and towers in existence on November 1, 1996 which do not conform to or comply
with this section may continue to exist for the purpose now used but may not be
replaced or structurally altered except as provided in subdivision 2 without
complying with this section.
Subd. 2. Replacement. If a non - conforming tower or antenna is damaged or
destroyed the tower or antenna may be repaired and restored to its former use,
location and phyiscal dimensions upon obtaining a building permit therefor, but
without otherwise complying with these regulations, provided, however, that the
cost of repairing the tower to its former use, size or location does not exceed
50% of the cost of a new tower of like kind or quality.
426.27. Variances. The council may grant variances to the literal provisions
of this section, except for Section 426.05, in the same manner and subject to the
same requirments that apply to variances granted under Section 546 of the zoning
code.
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
612) 337 -9300 telephone
612) 337 -9310 fax
e -mail: atrys@kennedy- graven.com
CHARTERED
CORRINE H. THOMSON
Attorney at Law
Direct Dial (612) 337 -9217
February 19, 1997
BY FAX AND MAIL
Julie Urban
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
RE: U.S. Tower Providers Application
Dear Julie:
This is in response to your letter of February 14, 1997. I understand that the property in question
is located in an industrial ( "I ") zoning district and is bordered by commercially zoned property.
Richfield City Code § 426.05, subd. 2 allows towers to be located in an "I" zoning district, with
a conditional use permit. However, subd. 3 of the subsection requires that the tower be placed
in the side or rear yard.
The applicant's proposed site is neither in the side yard nor the rear yard, as those terms are
defined by the City's zoning ordinance. I agree with your interpretation that the application does
not meet the literal requirements of the zoning ordinance. In addition, although the applicant has
not applied for a variance, your position that the hardship is self - created has merit.
The Telecommunications Act of 1996 does not preclude the City from denying the conditional
use permit under these circumstances. The City's ordinance regulating towers will be upheid,
so long as the City is providing a reasonable opportunity for such towers to be located within the
City. We believe that the rear and side yard requirements do not unreasonably restrict towers
from locating in the City and that those requirements may be enforced.
As you noted, the applicant is free to request a variance or a text change to the ordinance.
Sincerely,
Conine H. Thomson
CAH118144
RC160 -5
I
1
cn
EMERSON AVE
D p
o
r e
ALDRICH AVE
O
PILLSBURY AVE
n
z_
V V V p DDC p
fU
Q7 V O A CI m
1—i
F9 NIC LLET AVE
VO
2
N
CEDAR AVE
g 2
N
E
awue
I
1
11
ONE
0
w
W
1
a
E
e
W
IV , .
3nN3AV ainaSllld
O -
I ,
moo
I
I
P Z
0
r
fig -_ 00
I - - - --
I a a
z =
qp
u
p p
Oe^ J
U cr lma
oa Ce
N
LLIV
w Q R_ w
LLJ
CL - -- m...- -- - - - - -- \
n,
CL
O U OUVA 301S aoIa31NI
V
O
N
ILlug
1pj }}
Qi
3
C
mom
II II
t
J4.
WrN
0
II II
J4.
WrN
0
y o
i
Jill 1111 N
fill
Z-a
II II
II
rs
II
I I $~ I I
I I a iii
I I
I I
z o I I it W= li I I
LaWJ
I L — — — J I I O
I I
II I
O 0
Z
oQ
i a
a
W
ZZ
O O
G
a 0Z
W
z w ONIOVdS dou
o
N
0-.9
ma / of
V am
z zFoJXsWm
o mo
1 CITY OF R10HAELD
K«nrnm commission
o
Letter
Item: #3 Agenda Section: New Business
PC Letter: #4 Date: February 25, 1997
GENERAL INFORMATION
Subject: Initiation of the Capital Improvement Program (CIP) and
introductory discussion of the CIP process.
Type of Request:
References: 1. Richfield City Charter, Chapter 7.
RECOMMENDATION
Recommended Review "Capital Improvement Programming": A handbook for
Action: Local Planning. No official action is required at this time.
Administrative Services Director, Steve Devich, will be at the
February 25, 1997 Planning Commission meeting to provide an
overview of the CIP process, to present preliminary information
and to answer questions. The Planning Commission will review
the first draft of the Plan in March and act on the Plan in April.
Basis: The Planning Commission is required by City Charter to prepare
and recommend a Capital Improvement Program for inclusion in
the Annual Budget Message of the City Council.
BACKGROUND
Issues: Historically, February marks the beginning of the CIP process,
where Planning Commissioners are asked to review the CIP in
preparation for the upcoming CIP Plan. Commission members
may also propose new projects now or at a later stage of the
review.
amount estimated for the next budget year. Such detail shall include the source of miscellaneous
revenues, the amount of surplus of prior year revenues and the amount raised by property taxes.
Revenues for self- supporting and other funds shall be presented in an understandable manner
according to the discretion of the City Manager. The explanatory budget message may be
separate but still accompanying the budget, and be in the form and with contents as follows:
Amended Bill 1990 -13)
Budget Message - Current Operations: The budget message submitted by the City
Manager for the Council shall be explanatory of the budget, shall contain an outline of the
proposed financial policies of the City for the budget year and shall describe in connection
therewith the important features of the budget plan. It shall set forth the reasons for major changes
from the previous year in cost and revenue items and shall explain any major changes in financial
policy.
Budget Message - Capital Improvements: As a part of the budget message with relation to
the proposed expenditures for capital projects stated in the budget, the City Manager shall include
a statement of pending capital projects and proposed new capital projects, relating to the
respective amounts proposed to be raised therefor by appropriations in the budget and the
respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the
budget year.
Budget Message - Capital Program: The City Manager shall also include in the message,
or attach thereto, a capital program of proposed capital projects for the five fiscal years next
succeeding the budget year, prepared by the planning commission, if such there be, together with
the City Manager's comments thereon and any estimates of costs prepared by the department of
public works or other office or department. For the use of the planning commission in preparing
such capital program, copies of departmental estimates of capital projects, filed with the City
Manager pursuant to Section 7.05 of this article, shall be filed with the commission. (Amended Bill
1990 -13)
Attached to the budget message shall be such supporting schedules, exhibits and other
explanatory material, in respect to both current operations and capital improvements as the City
Manager shall believe useful to the Council.
Section 7.07. Passage of Annual Budget. At the special budget meeting, the Council shall
determine the place and time of the public hearing on the budget, and shall cause to be published
a notice of the time and place of the public hearing to be held not less than seven days nor more
than fourteen days after publication. The budget shall be a public record in the office of the City
Clerk open to public inspection by anyone. The City Manager shall cause sufficient copies to be
prepared for distribution to interested persons and civic groups. The budget meeting as advertised
shall be held and adjourned from time to time and conducted so as to give interested citizens a
reasonable opportunity to be heard. The budget estimates shall be read in full and the City
Manager shall explain the various items thereof as fully as may be deemed necessary by the
Council. The Council shall adopt the budget no later than the last date established by law for the
County Auditor to levy taxes. The budget resolution shall set forth the total for each budgeted fund
and each department with such segregation as to objects and purposes of expenditures as the
Council deems necessary for purposes of budget control. Such resolution shall also state the
amount of taxes to be levied.
RICHFIELD CITY CHARTER A.19 7/15/96
CITY OF R10HAELD'
Ponrnnra commission
o Letter
Item: #4 Agenda Section: New Business
PC Letter: #5 Date: February 25, 1997
GENERAL INFORMATION
Subject: Election of Planning Commission Chairperson, Vice - Chairperson
and Secretary.
Type of Request: Annual organizational meeting
References: 1. Chapter III. Section 305.5, Subd. 1 -8 Richfield City Code
2. Planning Commission Bylaws (attached).
RECOMMENDATION
Preferred: Elect a Planning Commission Chairperson, Vice - Chairperson, and
Secretary
Basis: The above action is required by the Planning Commission Bylaws.
Alternative: N/A
BACKGROUND
Purpose:
Public Notice: N/A
Hearing N/A
Examiner:
Public Hearing: N/A
Planning N/A
Commission:
City Council: N/A
ANALYSIS
Issues: The Bylaws require that the Planning Commission hold an annual
organizational meeting and elect from its membership a
Chairperson, Vice - Chairperson and Secretary at the first regular
meeting in February.
According to the Bylaws (Part H, Organization), a majority vote is
necessary to first elect a Chairperson and second to elect the
remaining officers. The Chairperson, Vice - Chairperson, and
Secretary are to take office immediately upon election and hold
office until their successors are elected next year.
The Chairperson is responsible for conducting all Planning
Commission meetings and public hearings, The Chairperson is also
responsible for working with city administration on the planning
function. The Vice - Chairperson is responsible for the duties of the
Chairperson in the event the Chairperson is absent. The Secretary is
responsible for the minutes of the Planning Commission.
1996 election results were Chairperson Linnihan, Vice - Chairperson
Stokes and Secretary Erlander.
1H:P &Z: PCUr:0225Chai]
CITY OF RIOFIFIELD
Kflnrnm commission
Item: #5 Agenda Section: New Business
PC Letter: #6 Date: February 25, 1997
GENERAL INFORMATION
Subject: Appointment of liaisons to the Community Services Advisory
Commission, City Council, Housing and Redevelopment
Authority, and School Board.
Type of Request: Annual organizational meeting
References: 1. Chapter III. Section 305.5, Subd. 1 -8 Richfield City Code
2. Planning Commission Bylaws.
RECOMMENDATION
Recommended
Action:
Preferred: The following Planning Commission actions are recommended:
Approve members to service as liaison and alternate liaison to the
Community Services Advisory Board, City Council, Housing
and Redevelopment Authority, and School Board.
Basis: The above action is required by the Planning Commission Bylaws.
Alternative: N/A
BACKGROUND
Purpose:
Public Notice: N/A
Hearing N/A
Examiner:
Public Hearing: N/A
Planning N/A
Commission:
City Council: N/A
ANALYSIS
Issues: Community Services Advisory Commission:
The resolution establishing the Community Services Advisory
Commission provides that a liaison and alternate from the
Planning Commission be appointed to the Community Services
Advisory Commission.
The Community Services Advisory Commission meets on the
second Tuesday of the month at 7:00 P.M., generally in the
Conference Room at City Hall. The Planning Commission should
appoint two members to serve as liaison and alternate liaison to
the Community Services Advisory Commission. Commissioners
Stokes and Wasko served as alternate liaisons to the Community
Services Advisory Commission for 1996.
City Council:
The City Council meets every second and fourth Monday at 7:00
P.M. in the Council Chambers at City Hall. The Planning
Commission agreed to serve on a rotating basis for 1996.
Housing and Redevelopment Authority:
The Housing and Redevelopment Authority meets every third
Monday at 7:00 P.M. in the Council Chambers at City Hall. The
Planning Commission agreed to serve on a rotating basis for
1996.
School Board:
The commission also appoints a liaison and alternate liaison to the
School Board. The School Board generally meets the first and
third Monday of each month at 7:00 P.M. and the location
alternates from school to school. Commissioner Dmytrenko.
served as liaison to the School Board for 1996.
1 CITY OF R10HAELD
PLnnninG commission
o Letter
Item: #6 Agenda Section: New Business.
PC Letter: 7# Date: February 25, 1997
GENERAL INFORMATION
Subject: Approval of Planning Commission Bylaws.
Type of Request: Annual review of Planning Commission Bylaws.
References: 1. Chapter III. Section 305.5, Subd. 1 -8 Richfield City Code
2. Planning Commission Bylaws (attached).
RECOMMENDATION
Recommended
Action:
Preferred: Review the attached Planning Commission Bylaws.
Basis: The above action is required by the Planning Commission Bylaws.
Alternative: N/A
Purpose:
Public Notice:
Hearing
Examiner:
Public Hearing:
Planning
Commission:
City Council:
BACKGROUND
Provide an opportunity to the Planning Commission to review the
Bylaws. Amendments are covered by Section 2. of Part III of the
Bylaws requiring presentation at one meeting and 2/3 vote at the
following meeting.
N/A
N/A
N/A
N/A
N/A
The following Bylaws and Rules of procedure are adopted by the City's 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.
Section 1. Regular Meetings
Regular meetings of the Planning Commission shall be on the
fourth Tuesday of each month commencing at 7:00 P.M. 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 property 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 (15) 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. Quorum
Five 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 at least four members 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 Public Hearing Items
4) New Business
5) Old Business
6) Liaison Reports
7) Adjournment
b) Public Hearing
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:
IPZ
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.
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 (5)
minutes, except through previous arrangement
with the Chair, or by vote of the Commission.
d) The spokesperson for a group will be allowed
ten (10) minutes.
e) In addition to the statements by individual or
groups, there will be a period, not to exceed
thirty 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.
3-
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.
AE7: OR IZATiO <<«......
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.
l5r.a
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.
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
5-
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 25th day of February, 1997.
Chairperson, Richfield Planning Commission
Secretary, Richfield Planning Commission
6-
Bylaws[PCBylaw]
Item: #7 Agenda Section: New Business
PC Letter: #8 Date: February 25, 1997
GENERAL INFORMATION
Subject: 1997 Planning Commission Study Session Schedule
Type of Request: Review the draft study session schedule and adopt a resolution establishing 1997
dates for Planning Commission study sessions.
RECOMMENDATION
Recommended
Action:
Preferred: Adopt the attached resolution, setting dates for the 1997 Planning Commission
study sessions
Basis: 1. The Planning Commission holds regular study sessions to discuss special
topics, work on ordinance amendments and for educational purposes.
2. Setting the study session dates by resolution allows for more advance public
notification of the meetings.
Alternative: 1. Do not adopt the resolution; recommend changes to the by -laws establishing
the study session schedule.
2. Do not adopt the resolution; direct staff to provide public notification for
each study session as they occur.
RESOLUTION NO.
RESOLUTION OF THE RICHFIELD PLANNING COMMISSION
ESTABLISHING THE 1997 STUDY SESSION SCHEDULE
WHEREAS, the Richfield Planning Commission holds regular study sessions to review
special topics and work on special projects.
WHEREAS, because the Planning Commission is an advisory body to the City
Council, all meetings are open to the public and proper notification of the dates of the
meetings is necessary.
NOW, THEREFORE BE IT RESOLVED, the Planning Commission will hold its
1997 -98 study sessions at 7:00 p.m. in the City Hall Council Chambers, 6700 Portland
Avenue, on the following dates:
Tuesday, March 11, 1997
Tuesday, April 9, 1997
Tuesday, May 13, 1997
Tuesday, June 10, 1997
Tuesday, July 8, 1997
Tuesday, August 12, 1997
Tuesday, September 9, 1997
Tuesday, October 14, 1997
Tuesday, November 11, 1997
Tuesday, December 9, 1997
Tuesday, January 13, 1997
Tuesday, February 10, 1997
Adopted this 25th day of February, 1997 by the Planning Commission of the City of
Richfield, Minnesota.
CITY OF RICHFIELD, MINNESOTA
Chairperson
ATTEST:
Secretary
Planning Commission Study Session Schedule -- 1997
January ;14
Transportation issues -- 35W EIS amendment; 76th Street (east of 35W) Downgrade
February.1.1...:
Tax Increment Financing (optional for members familiar with TIF)
May
Bus tour with Community Services Commission
June 10
Introduction to the City's Geographic Information System
Comprehensive Plan review
DRAFT 2/20/97
Item: #S Agenda Section: New Business
PC Letter: #9 Date: February 25, 1997
GENERAL INFORMATION
Subject: Outdoor service of alcohol
Type of Request: Discuss land use issues relating to outdoor service of alcohol at restaurants;
provide input to staff for development of a policy
References: Attachment A: Comparison of rules in other cities
Bloomington policy regarding "Patio Expansions to Liquor/Wine Premises"
Edina City ordinance regarding "Sidewalk Cafes"
ANALYSIS
Issues: At a recent study session, the City Council discussed the current City policy that
prohibits serving alcohol outside. The Council directed staff to explore the issues
related to serving alcohol outside at restaurants. The Council requested that the
Planning Commission review the related land use issues and provide input to staff
and the Council.
State statute requires that outdoor service of alcohol take place in a "compact and
contiguous" space. Public Safety staff have, in the past, interpreted this
requirement to mean that alcohol can only be served inside.
Staff requests that the Planning Commission review and discuss the following
issues and provide feedback to staff:
Require outdoor service permit, separate from liquor license
Rather than an ordinance amendment, establish a written policy with
guidelines for reviewing permit applications
Method of review -- advisory committee (see City of Bloomington) rather than
requiring an amended CUP
Advisory Committee -- comprised of Licensing, Public Safety, Inspections (if
applicable) and Planning
Land use items to consider in reviewing applications --
Impact on adjacent land uses
Edina requires a 200 -foot distance from residential property
distance requirement should be related to Richfield's situation
may want to recommend between 100 and 200 feet requirement unless
mitigating factors are present, e.g. the building separates the outdoor
area from the residential
Champp's (66th & Lyndale) has requested permission for outdoor
seating in the past -- residential apartments are located right above
this restaurant
Barrier /buffer
buffer should be required to separate area
review on a case -by -case basis
buffer should be stricter if necessary to minimize negative impact on
any residential property
Access
access to outdoor area through restaurant only
limiting access to the seating area helps to address Public Safety's
concern about access to alcohol by minors.
Parking (keeping in mind that this is temporary seating for 2 to 3 months
only)
outdoor seating shouldn't remove any parking spaces but extra should
only be required if significant number of exterior seats are added
outdoor seating area shouldn't impact function /circulation of the site
Champp's proposal for outdoor seating proposed to eliminate parking
in a parking lot where no excess parking exists.
Miscellaneous
may need to limit hours of operation if near residential
new restaurants -- outdoor seating area should be part of CUP
review /approval
require removal of tables and chairs from November to April.
Other issues?
RECOMMENDATION
Recommended
Action:
Preferred: Review and discuss the issues. Provide feedback to staff to assist them in
developing a written policy for outdoor service of alcohol.
Basis: 1. The current Public Safety policy is to prohibit outdoor service of alcohol; the
City Council has asked that staff review the policy and recommend changes.
2. The City Council has requested that the land use issues relating to outdoor
service of alcohol be reviewed by the Planning Commission.
Regulation of Outside Service of Alcohol
Bloomington does case -by -case review of establishments
review "team" includes Building
Inspections, Police, Fire and Licensing
Edina allows wine and beer only
requires that access be made only through
main entrance of the establishment
outdoor area must be at least 200 feet
from residential properties
must. have valid food license
must supply-public liability insurance info.
for outside area (naming the City as an
additional insured party)
no expansion allowed without prior
approval by Planning Department
chairs and tables must be removed from
11/1 to 4/1
St. Louis Park they have no ordinance
a restaurant with an outdoor area opened
up last Fall (after the outdoor
eating /drinking season)
the Police Department reviewed the
proposal
the plans were sent to state Liquor Control
for review not required by statute
State Liquor Control State law requires that the area be a space
that is "compact and contiguous" to the
restaurant -- the definition is up to cities
They recommend that language be added
that states that the outside area can only be
accessed by going through the main
entrance of the restaurant -- in other
words, that there is no access from the
outside.
Procedure and Criteria for Patio/Exterior Expansion
Approval in Liquor Licensed Premises
Purpose
DwU/A I N U I UlV .
The City has broad discretion in liquor licensing matters, especially those issues which prohibit
or limit in some way potential abuses. These standards must be uniformly and equally applied to
all licensees.
When considering a patio type /exterior expansion to a liquor licensed,premises, the City has
building and fire code, police enforcement, license regulation and safety issues that.must be
considered. A prime concern is keeping alcohol out of the hands of young people. To this end,
staff has established theoretical guidelines for licensees to follow in creatively designing an
expanded premise while adhering to the criteria set forth herein.
Procedure
All requests received by the City for an expanded patio /exterior premises must be reviewed by a
staff committee including, but not limited to: Building & Inspection, Police, Fire Prevention,
and License Staff. Requests will be evaluated for compliance with building and fire
requirements and with the criteria established herein. Following a favorable review by staff,
requests will be reviewed by Senior Staff and ultimately referred to the City Council for final
approval.
Goal
To approve patio / exterior expansion areas in liquor licensed establishments that create a
psychological barrier, both perceived and real, that meets the safety and enforcement needs of the
specific location and provides a barrier or buffer between the expanded premise and the public at
large.
Criteria
Each liquor licensed premises has a unique design and configuration that must be considered,
along with the desired ambiance, for an expanded patio /exterior seating area. In a mall -type
setting, the width and type of adjoining hallway will be considered, along with the use of the
adjacent property. In all cases, the height and width of the proposed barrier will be reviewed
along with the type and height of seating to be used. A barrieribuffer area should not invite
passersby to sit or lean on the structure, but rather give the appearance of being part of the
restaurant. The exterior structure should delineate the area as an enclosed space that is part of the
licensed premises. Building code and license compliance issues are established, enforceable,
written standards. Enforcement issues, however, rely on standards of experience, intuition and
police training. The Police Department will visually identify factors that may lead to misuse and
abuse. All of these standards will be weighed during the review process for each expanded
patio /exterior seating area request. In all cases it must be noted that it is the responsibility of the
licensee to serve alcoholic beverages only to lawful consumers.
V - VU, A, 1V. -6 CA.1 Jr'1 1U,J I•i. v L....'] .-
City of Edina Liquor 900.16
shall be submitted and processed pursuant to Subsection 900.06, including payment of
the fee in the amount as set forth in Section 185 of this Code. The fee shall be non-
refundable.
Subd. 4 Applicants to Which License Requirements Apply. The provisions of
Subsection 900.13 shall not apply to licenses issued pursuant to this Subsection.
Subd. 5 Transfer of License. Once granted, and upon application made at least five
days in advance of the dates for which the license is issued, an applicant may request a
transfer of the license to another period of three consecutive days. The Manager may
grant such transfer if no temporary on -sale non - intoxicating malt liquor license has been
issued for that same time period.
PART E - SPECIAL REQUIREMENTS FOR ON -SALE WINE LICENSES
900.16 Special Licensing Requirements; Fees. In addition to the requirements unposed by
Subsection 900.06, the following special requirements shall apply to on -sale wine licenses.
Subd. 1 Licensed Premises. On -sale wine licenses shall be issued only to premises
that meet the following requirements:
A. The premises must be a restaurant having seating capacity for not fewer than
30 guests at one time which is located in the R -1 District, or the PCD -1, PCD -2,
PCD -3 Subdistricts, or the Mixed Development District as established by Section
850 of this Code.
B. The premises must have an exclusive entrance from and exit to the exterior of
the building in which the license premises is located or to a public concourse or
public lobby, and have a physical barrier separating the licensed premises from
other areas so as to prevent the passing of patrons other than through the required
entrances and exits.
C. Have a valid food establishment license issued pursuant to Section 720 of this
Code and have adequate space, as determined by the Sanitarian, for the storage,
preparation and handling or service of food and wine.
D. The premises must be under the control of the licensee.
E. The premises must have been approved by the Commissioner.
F. The premises shall not be increased in size or changed in seating capacity
during the then license period.
900-11
City of Edina Streets and Parks 1230.07
5. The pushcart shall be equipped with facilities for the disposal of trash
generated by the pushcart.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
1. Pushcarts shall be parked on public sidewalks and walkways only in those
locations specified in the permit.
2. Pushcarts shall be stored indoors following the close of business each day.
3. Only food or beverages for immediate consumption may be offered from
the pushcart.
4. Cleaning, servicing, and maintenance of the pushcart shall be undertaken
only in an area approved by the Sanitarian.
C. Permits issued pursuant to this paragraph shall expire on March 31 of each
calendar year.
D. The number of permits which may be in force under this Subd. 1 at any one
time shall not exceed six.
Subd. 2 Sidewalk Ca f Sidewalk cafes may be located on sidewalks subject to a,
permit issued by the City Manager pursuant to this Subdivision. Applications for a
sidewalk cafe permit shall be made on forms supplied by the Clerk and shall include a plan
drawn to scale which illustrates the exact location of the proposed sidewalk cafe together
with distances and dimensions of the adjoining buildings, the sidewalk, the distance to and
location of the traveled portion of the street and distances to all obstructions in the
vicinity. The application shall be accompanied by the fee set forth in Section 185 of this
Code. If the application is denied, the application fee less $100 shall be returned to the
applicant.
A. In addition to the requirements of Section 160 of this Code, no permit shall
be issued or renewed for a sidewalk cafe unless the following requirements are
met:
1. The applicant must possess a valid food establishment license pursuant to
Section 720 of this Code.
2. A distance of at least 200 feet shall be maintained between the nearest -
point of the sidewalk cafe to the nearest point of property used for residential
purposes.
1230-7
UII V0, U, i i : U4 1 AA y =1 i 040 1.111 Ur C. U'U
City of Edina Streets and Parks 1230.07
3. The applicant must furnish to the Clerk, evidence that public liability
insurance has been procured for any death or personal injury arising from the
ownership, maintenance, or operation of the sidewalk cafe in amounts not .
less than $100,000 for injury to or death of one person, of $300,000 for any
one incident, and not less than $50,000 for damage to property arising from
any one incident. The applicant shall maintain such insurance in effect at all
times during the term of the permit. The City shall be named as an additional
named insured in the polity providing such insurance.
4. The applicant shall indemnify and hold the City and the City's officials and
employees harmless from any loss, cost, damage and expenses arising out of
the use, design, operation, or maintenance of the sidewalk cafe.
5. The area occupied by the sidewalk cafe shall abut and shall be operated
as part of the food establishment operated by the applicant. No part of the
sidewalk cafe shall adjoin any premises other than the applicant's food
establishment.
6. The City Manager shall find that the sidewalk cafe will not unduly restrict
the safe usage of the sidewalk by the public after taking into consideration the
location of obstructions, vehicular traffic and other impediments to the
passage of pedestrians. The City Manager shall renew a permit only upon
finding that the operation of the sidewalk cafe complied with all provisions
of this Subdivision and did not constitute a nuisance as defined by Section
1035 of this Code.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of sidewalk cafes.
1. Only food or beverages for immediate consumption may be offered for
sale.
2. Intoxicating or non - intoxicating malt liquor or wine may be consumed
only if the sidewalk cafe is licensed pursuant to Section 900 of this Code.
3. No expansion of the area occupied by the sidewalk cafe from that shown
on the permit application shall be made.
4. No tables, chairs, fumishings, planters, railings or other obstructions shall
be placed or remain on the sidewalk between November 1 and April 1 except
on a day to day basis when the sidewalk cafe is open for business.
5. The applicant shall maintain the sidewalk cafe in a clean and sanitary
condition as required by Section 720 of this Code.
1230-8
Vli Vii J 11 Ut (','].1 J - . ,U,v ,, I V, i..0 -.% :-JV -1
City of Edina Streets and Parks 1230.08
6, The applicant shall promptly replace or repair any damage to the sidewalk
or other public property caused by the applicant's use of the sidewalk as a
sidewalk cafe.
C. Permits issued pursuant to this Subdivision shall expire on March 31 of each
calendar year.
1230.08 Exception. The provisions of this Section 1230 shall not apply to employees and
agents of the City who are performing job related duties under the direction of the Manager,
Engineer, or Park Director.
History: Ord 1222 codified 1970; amended by Ord 1221 Al 11- 29 -78; 1222-A2 11- 18 -79;
1222-A 3 6- 24-87; Ord 1993 -5 4- 28 -93, Ord 1994 -6 7- 27 -94; Ord 1995 -6 8 -17 -95
Cross Reference: Sections 160, 720, 900, 1000
1230-9