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03-25-1997CITY Of R10HAELD runron(; commission RGHIDR March 25, 1997 ir'r: ;tjS ?i':ji i:y::i:<:ti:::i:: iii: { ?:Ci'ri:i;:;i i i:::•,:' y2, :J is ii:t:Y<:ii;:i;i;.;:[ " „iti ii: :•,:•,i:: i; { ^f is ^:titiiy:^`$'r::” :':. ; {iii::i ii}•.:j::Si:i:•:• iii: :•,:•, itii:::•:i:: };:;:::,::} ?f} {:•,?::.::.:ti:;i }:;:y y};.}:. ttit' ? ::i:ti:i:::ii:•:• ?': •:tS:•.:•ii:t•S:.!: }:::y:•? ..:•.n: :.......:.nx:. ......;; .. ...:: .}:::: n ?i: ...'ti?'•'i:CC :: ?i'•.:i..n ......v.w.v..u•n .:... :. ...0 n.....::.:5 iS: iC u}:•{.};{ n?;.;.; nvv..;{ t? 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Bagels - Conditional use permit to allow construction of a building for automotive service and a restaurant. ITEM #3 PC Letter #11 RLAP - Storm Water Pond ITEM #4 PC Letter #12 6601 Bloomington Avenue - Finding of Consistency with Comprehensive Plan School Board Community Services Advisory Commission H RA City Council 3 .,: ; ' n: " `.• }' .:: i }i;•iSSS: {4SS:• iii;{ L: t4; 3 ::;•::::::x::nvf.v {: { { {r:.Sv:: ..:: : { {{{{ SS::::.5':: LLLn}};•};•}: :: {:::::::::. x:.:...:... •A .::::......... :: •.: : ....:......::..:..:::.:::.vr::: r,.v:::: •::: ::::v:.Yf:::::: :::::::w:: :v:•w: ::w:::: :.:::::::::::: is .: :. n:•: {:, y; .. .. •• :: :: . iS:• }: {SSS:4:4: ^:::;v:: :{{{i:• Si S:{ L•> S:{ C :...................... ............................... .. n................................... ............................... ...........i w:: :.:::::::: .::::::::::::.Y:: v:: f.::::v::::.v:::::.v ::::v:::.Y::::::,• :!::w:: :.v J.tv: :.:::: :.. y..) y :.. • ii{::$i iS%: tiij:::: i`::•...'.:%;,>.: i}}:'{:`};: i:: i" ii4;:$. {:; Cij, i;: j:: j;:;::: v;:;: yi:i':iiiii:iG::• ?:Pi::v:i "r'r: :•Y•tit'•::S :::•, itt; 2•: ii1i• $ i; ii:: 4: ii;::• i{ { { {bii::r:•:v:'iii::.:in >i {i: V.... m.. f. f...:..... f. r... f. f.. nx.... r. xxx,.,:....... Snt.: ti: f::: i::: L::{ LL{i SSS: v: LpiS{: n ......................... fvr......+... f.................:. r..r rr...... v...... r.. .rr.,.........nrx.......n...... rr..vff....:... x.... n....vv.fnf Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Service's Director at 861- 9702." PLANNING COMMISSION MINUTES Regular Meetinggg January 28, 1997 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Pamela Dmytrenko, Timothy Erlander, David Gepner, Mitchell Hadley, Kevin Hansen. MEMBERS ABSENT COUNCIL LIAISON: None Martin Kirsch, Mayor STAFF PRESENT: John Melin, Community Development Manager Julie Urban, Zoning Administrator Cheryl Jacobson, Community Development Technician The Planning Commission meeting was called to order by Chairperson Linnihan at 7:05 BMW APPROVAL OF MINUTES M /Erlander, S/Dmytrenko to approve the minutes of the special Planning Commission meeting of December 10, 1996. Motion carried: 5 -0 M /Erlander, S /Dmytrenko to approve the minutes of the joint study session with Community Services of January 14, 1997. Motion carried: 5 -0 PUBLIC HEARINGS 95- CUP -4, 7608 Knox Avenue South ITEM #1 Minnesota Taxi, Inc. January 28, 1997 Page 2 Zoning Administrator Urban reviewed the staff report, stating the history of the parking problem. Staff recommended action to approve an amended conditional use permit to allow for additional cars to be parked in the front parking lot and a requirement that a contract for additional off site parking be maintained. Commissioner Dmytrenko questioned whether or not the back lot was being used. Ms. Urban stated that the back lot is apparently not seen as a regular parking lot by the business because of the difficulty of accessing the area. Property owner Mark Nichols stated that the back lot storage area is blocked off from sight at the request of the City. With the large amount of snow the back lot is difficult to clear. Mr. Nichols also stated that the business owner is in violation of his lease. The business owner is currently under a 1 year lease which was renewed for a second year. Commissioner Linnihan questioned the business owner on what assurances can be given to prevent the current parking problem from occurring again. Younes Sharohki, owner of Minnesota Taxi, stated that he has a contract for storage in Burnsville which will help relieve the parking problem. Commissioner Dmytrenko questioned whether or not allowing 2 additional parking spaces in front would be sufficient. Mr. Sharohki stated that it would be sufficient and would alleviate parking on the street. M/Hadley, S/Hansen to close the public hearing. Motion carried: 5 -0 M/Erlander, S/Hadley to recommend approval of an amended conditional use permit with the stipulations outlined in the staff report. Motion carried: 5 -0 NEW BUSINESS PC LETTER #1 ITEM #2 Iee Arena Expansion January 28, 1997 Page 3 Zoning Administrator Urban reviewed the staff report on the proposed expansion of the ice arena and the leasing of the space to Hat Trick Hockey for retail sale of hockey - related equipment. Commissioners Linnihan and Hansen questioned Ms. Urban and business owner Tom Sachs on the amount and type of signage. Ms. Urban stated that the business would not be allowed to have the typical commercial signage. Tom Sax stated that he would only require enough signage to let people know that his business is there. Mr. Sachs stated that this would be the first arena in the state which would offer equipment for sale in the same building. His business has existed in Richfield for the last 20 years. By re- locating next to the arena the hope is to expand his clientele base. Commissioner Linnihan questioned the term of the lease and the building size. Mr. Sachs stated that the term of the lease has not been discussed. But he is willing to agree to a term which would satisfy both the City and himself. The building addition would be a space of 1,500 square feet. M/Erlander, S/Hadley to approve that a skating related business would be an accessory use to the existing ice arena. Motion carried: 5 -0 OLD BUSINESS PC Letter 92 ITEM #3 Tattoo Ordinance Zoning Administrator Urban presented staff report reviewing the proposed language regulating tattoo establishments. Ms. Urban reviewed a map which showed the potential areas for blight in the City. Commissioner Hansen questioned the impact of the blight ordinance on the adult uses ordinance. Ms. Urban stated that a blight ordinance would help prevent negative impact of different types of uses being clumped together. She stated that the Assistant City Attorney recommends additional study of a blight ordinance but that a blight ordinance not be applied to the adult uses ordinance.. Ms. Urban explained that the attorney had approved the tattoo ordinance. January 28, 1997 Page 4 M\Erlander, S \Hadley to approve the adoption of the draft ordinance regulating tattoo businesses. Motion carried: 5 -0 ITEM #4 Comprehensive Plan Update Community Development Manager Melin presented an update on the comprehensive plan. Several commissioners commented that it would be a good idea to have a comment period for those who attended previous meetings. LIAISON REPORTS School Board: Commissioner Dmytrenko stated that two employees retired and the board accepted their resignations. Issues also covered at the last meeting included the budget cuts, the impacts of the cuts and the telecommunications tower application from APT. Community Services Advisory Commission: Commissioner Erlander has been appointed to this commission HRA: Zoning Administrator Urban stated that Kristal Stokes was appointed an HRA Commissioner to fill Vern Luettinger's vacated position. City Council: Mayor Kirsch stated that the Council appointed new commission members. Two new Planning Commissioners were in the audience and introduced themselves. Zoning Administrator Urban explained that Paul Wasko was appointed as a Hearing Examiner. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:20 p.m. Timothy Erlander Planning Commission Secretary PLANNING COMMISSION MINUTES Study Session February 11, 1997 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorkland, Pamela Dmytrenko, David Gepner, Roger Gordon, Mitchell Hadley, Kevin Hansen. MEMBERS ABSENT: Commissioner William Kilian STAFF PRESENT: Jim Thomson, Kennedy and Graven John Melin, Community Development Manager Julie Urban, Zoning Administrator Cheryl Jacobson, Community Development Technician The Planning Commission meeting was called to order by Chairperson Linnihan at 7:05 p.m. NEW BUSINESS ITEM #1 New Member Orientation 1. Introductions and Welcome: Chairperson Linnihan welcomed all new members to the meeting and to the commission. The welcome was followed by personal introductions by each commissioner and staff members. 2. Legal Role of a Planning Commission: Attorney Jim Thomson of Kennedy and Graven discussed the following topics: the authority and legal roles of the commission, open meeting law, Comprehensive Plan and conflicts of interest. 3. Commissioners' Perspective of the Planning Commission Roles: Chairperson Linnihan stated the role of the commission is to make recommendations in relation to land use issues. Often times the commission is the preliminary sounding board and in some cases will act as mediators. Mr. Linnihan suggested finding out as much information beforehand as possible. Sources include Community Development staff, site visits, and asking questions. February 11, 1997 Page 2 Mr. Linnihan stated that the success of the commission has been based on leaving politics outside. At times it may difficult to step outside of the role of resident but issues need to be viewed in the big picture. Commissioner Dmytrenko stated that the diverse opinions make the commissioner role interesting. Sometimes it will be hard to separate personal feelings from the real issue at hand but it is okay to recognize them. 4. How the Commission Operates: Zoning Administrator Urban stated that the study sessions are held on the second Tuesday of each month and meetings are held on the fourth Tuesday of each month. The conduct of the meetings follow Robert's Rules of Order. 5. What is a CUP, Rezoning, PUD, Ordinance Amendment, Comprehensive Plan: Commissioner Hadley stated and gave examples of Conditional Use Permits, Rezoning issues, Planned Unit Developments, and Ordinance Amendments. Community Development Manager Melin presented information on the Comprehensive Plan. Mr. Melin stated the plan is designed to be a guide document for long range planning goals within the City. The City has recently completed a major revision of the Comprehensive Plan. 6. Overview of Richfield's Zoning Application Process: Zoning Administrator Urban presented the overview of the application process. She gave a working definition of ARC and DRAC meeting process. 7. Community Development Department- Overview of Current Projects: Community Development Manager Melin presented information on the organization of the Community Development Department. Mr. Melin presented an overview of current projects including RLAP, American Legion/VFW and Galyan's. 8. Telecommunications Towers: Zoning Administrator Urban presented information on Telecommunications Towers. In January 1996 the Telecommunications Reform Act of 1996 was enacted, which prevents cities from passing laws to prohibit the service. Commissioner Hansen summarized the tower application for Christian Park. Mr. Hansen stated Christian Park was the first application of the City ordinance which created stipulations in order to minimize the impact of towers on surrounding areas. 9. Future Topics: Ms. Urban explained that future study sessions would cover topics geared toward additional orientation of Commissioners.. ADJOURNMENT The meeting was adjourned by unanimous consent at 10:00 p.m. February 11, 1997 Page 3 Timothy Erlander Planning Commission Secretary PLANNING COMMISSION MINUTES 021vi"'Im Regular Meeting February 25, 1997 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorkland, Pamela Dmytrenko, David Gepner, Roger Gordon, Mitchell Hadley, Kevin Hansen and William Kilian. MEMBERS ABSENT: COUNCIL LIAISON: None Martin Kirsch, Mayor STAFF PRESENT: John Melin, Community Development Manager Julie Urban, Zoning Administrator Cheryl Jacobson, Community Development Technician The Planning Commission meeting was called to order by Chairperson Linnihan at 7:04 APPROVAL OF MINUTES Chairperson Linnihan noted that Commissioner Hadley is acting Secretary. M/Dmytrenko, S /Hadley to approve the minutes of the Planning Commission meeting of January 28, 1997. Motion carried: 8 -0 MBjorkland, S/Hadley to approve the minutes of the Planning Commission study session meeting of February 11, 1997. Motion carried: 8 -0 PUBLIC HEARINGS February 25, 1997 Page 2 ITEM #1 97 -CUP -2 6601 Penn Avenue South, Amoco Car Wash Zoning Administrator Urban reviewed the staff report. The Amoco gas station had applied for a conditional use permit in 1987 and again in 1988. Both applications were denied because issues of noise, traffic flow, and trash storage were not adequately addressed. Douglas Garin, regional manager for Amoco presented information regarding the car wash and the improvements that have been made to the plan since the last application. Mr. Garin stated that with the new technology, improvements have been possible in the areas of noise and general car wash operation. Commissioner Hansen questioned the amount of noise that the car wash would produce. Mr. Garin stated that doors will be installed on the car wash and if necessary will be closed when the car wash is operating during summer and winter months. Mr. Garin and Ms. Urban both stated that a wall will be installed along the common property line to block noise from the residents. Peter Orlin, Attorney representing Eddie'z Car Wash, located at 2816 West 66th Street, asked that the same restrictions which were placed on Eddie'z be placed on the Amoco car wash. Ms. Urban was not familiar with the restrictions placed on Eddie'z and suggested that the requirements could have been different at that time. May Birch, Resident of 6600 Oliver Avenue South, questioned the hours of the car wash and whether they would be the same as the store and if after the car wash is built and problems occur would there be a way to remedy such problems. Ms. Urban stated that if any future problems would occur they would be addressed at the time the annual license came up for renewal. As for the store hours, car wash and store hours would not be the same. M /Hadley, S /Hansen to close the public hearing. Motion Carried: 8 -0 M /Gepner, S /Hansen to recommend approval of the request for an accessory car wash with stated stipulations. Motion carried: 8 -0 February 25, 1997 Page 3 ITEM #2 97- CUP -3, 200 West 78th Street U. S. Tower Providers Zoning Administrator Urban reviewed the staff report. U. S. Tower Providers is proposing to build a 150 foot tower located at Minnesota Mini Storage. The tower would be able to accommodate four antennas. Staff recommended denial of the application based on the grounds that the tower does not meet ordinance requirements that towers be located in the rear or interior side yard. Commissioner Gepner questioned whether or not the Telecommunications Act of 1996 covers third party groups. Jim Strummen, Attorney from Kennedy & Graven stated that the Act does cover individuals who provide the towers and well as those who provide the antennas. The Act does not allow providers or require Cities to overpopulate with towers. U. S. Tower Provider owner Jim Moeller, stated that construction of the tower is speculative at this point. Mr. Moeller also stated the the 4 antenna spaces are not leased at this time. Mr. Moeller stated that the City ordinance is good except for the part regarding rear /interior side yard restriction. Commissioner Hansen questioned if the site was the only site the U. S. Tower Providers have looked at in Richfield. Mr. Moeller stated that the current site is the only one and U.S. Tower has not looked at any other site within the City. Chairperson Linnihan stated that the City drafted and enacted this ordinance in response to the Telecommunications Act. Before the ordinance can be revised, it will have to be applied to applications. Therefore, revising the ordinance at this time is too soon. M/Hadley, S/ Hansen to close the public hearing Motion carried: 8 -0 M/ Dmytrenko, S/ Hansen to deny the request for a conditional use permit with a finding of fact that the proposed tower does not meet the ordinance requirements. Motion carried 8 -0 February 25, 1997 Page 4 NEW BUSINESS Item # 3 was postponed until after the election of officers. ITEM #3 PC Letter #5 Election of Officers The following positions were appointed. Chairperson: Daniel Linnihan Vice Chair: Kevin Hansen Secretary: Mitchell Hadley ITEM #4 PC Letter #6 Appointment of Liaisons The following liaisons were appointed. Schoolboard: Primary - Dmytrenko Alternate- Linnihan HRA: Primary - Gepner, Alternate -Kilian City Council: Primary- Hadley, Alternate- Ahlstrom Community Services: Primary- Hansen, Alternate- Gordon. ITEM #5 PC Letter #4 CIP /CIB Administrative Services Director Steve Devich presented the overview and preliminary information regarding the Capital Improvement Program and Budget. ITEM #6 PC Letter 47 Approval of By -laws The annual review of the Planning Commission By -laws was held. February 25, 1997 Page 5 Section 5 of the bylaws, which addresses the number of planning commissioners needed to constitute a quorum was reviewed. It was concluded that the existing number to make a quorum would be left at five. M/Hadley, S/ Bjorkland to approve the Planning Commission By-laws Motion carried 8 -0 ITEM #7 PC Letter #8 PC Study Session Schedule The dates for the Planning Commission Study Sessions were approved with topics for discussion left open. M/ Hadley, S/ Bjorkland to approve the resolution setting dates for the 1997 Planning Commission study sessions. Motion carried 8 -0 ITEM #9 PC Letter #9 Outdoor Service of Alcohol at Restaurants Zoning Administrator Urban presented background information regarding alcohol service outdoors in relation to land use issues. Ms. Urban asked commissioners to provide feedback for staff to develop a policy. Commissioner Kilian questioned what surrounding cities ordinances are and that allowing such a use would be more of an issue of maintenance and cleanliness. Chairperson Linnihan questioned if it would be an ordinance or a licensing issue. Commissioner Gordon questioned public safety concerns with the allowance of this service. Commissioner Kilian commented that the potential for live music should be addressed. LIAISON REPORTS February 25, 1997 Page 6 School Board: Commissioner Dmytrenko stated that the school board is studying new start times for school. Also reported was a break down in negotiations for a telecommunications tower at the intermediate school. Community Services Advisory Committee: No report. HRA: No report. City Council: Mayor Kirsch stated that the Council passed the resolution for Hat Trick Hockey to relocate to the ice arena. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:45 Mitchell Hadley Planning Commission Secretary PLANNING COMMISSION MINUTES Special Meeting March 11, 1997 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorklund, Pamela Dmytrenko, David Gepner, Roger Gordon, Mitchell Hadley, Kevin Hansen, and Bill Kilian. MEMBERS ABSENT: COUNCIL LIAISON: None Martin Kirsch, Mayor STAFF PRESENT: Mike Eastling, City Engineer John Melin, Community Development Manager Julie Urban, Zoning Administrator Brian S. Mehl, Community Development Technician The Planning Commission meeting was called to order.by Chairperson Linnihan at 7:03 p.m. NEW BUSINESS PC LETTER #10 ITEM #1 817 EAST 66TH STREET - Finding of Consistency with Comprehensive Plan Community Development Manager Melin reviewed the staff report outlining the history of the property and stated that staff recommended action finding that the sale of the property by the HRA for a residentially - scaled commercial use is consistent with the comprehensive plan. He further stated that the address is zoned C -2. M/Bjorklund, S/Hadley to approve that the sale of 817 East 66th Street is consistent with the comprehensive plan. Motion carried: 9 -0 Commissioner Gepner questioned whether or not there are two parties interested in purchasing the property and how the HRA would distinguish between the two proposals. He further questioned how the price of the property was determined. Date Page 2 Mr. Melin confirmed that there are two potential buyers for the property and stated that the HRA would have to review the two proposals and decide which was preferred. He further stated that the price of the property was determined in an appraisal several months ago. Presentation of Engineering Issues and Projects -- ITEM #2 Mike Eastling, City Engineer City Engineer Eastling presented the Commission with the history, systems and status of Richfield's infrastructure and provided several maps showing the development of the sanitary systems, water distribution systems, and residential street conditions. Mr. Eastling stated that Richfield's infrastructure is stable with exception to the elements of drainage, streets, sidewalks, and parks. He stated that consideration should be given to redistributing certain watersheds. Mr. Eastling further stated that the streets in certain areas of Richfield are in need of repair and showed maps outlining the direction in which the city's streets are being mended. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:20 p.m. Mitchell Hadley Planning Commission Secretary Item: #1 Agenda Section: Public Hearing Case: #97 -RZ -1 Date: March 25, 1997 GENERAL INFORMATION Petitioner: City of Richfield Location: 6509 -11 Portland Avenue South Type of Request: Rezoning from MR -1 (two family residence) to R (single family residence). Zoning: MR -1 Land Use: Duplex (to be removed) Comp. Plan: Parks and Open Space ACTION Proposed Change: Approval of a rezoning would change the zoning classification of 6309 -11 Portland Avenue from MR -1 to R. Staff Recommendation: Approve the rezoning with a stipulation. 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 March 25, 1997. City Council: Planning Commission action would set a City Council public hearing date of April 14, 1997. ANALYSIS Proposal: The City recently purchased the duplex at 6309 -11 Portland Avenue. This property was the last of the homes along the east side of Portland Avenue slated to be purchased and incorporated as part of Veterans Memorial Park. The property is currently zoned MR -1 (two family residence). City staff are proposing that the property be rezoned R (single family residence) to be consistent with the zoning of surrounding property. The rezoning would also enable the City to use the subject property for the proposed garage /maintenance /recreation facility that is in the planning stages. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the request to rezone 6309 -11 Portland Avenue from MR -1 to R with the following stipulation: 1. That the existing duplex be removed from the property. Basis: 1. Rezoning the property to R would make the zoning consistent with that of the surrounding property. 2. The existing duplex would be removed from the property; the proposed City garage /maintenance /recreation facility would be a permitted use in the R district. 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. 6309 -11 PORTLAND AVENUE EXISTING ZONING C WATE PLANT ZONED "R"-- E:Y- w a 0 z a ZONE 'M -1" cc O CL Oui 0 1 I ZONED "R" I 64TH ST. fts-tmA40 "48 PLANNING ZONING NORTH Comntintty Dvvek ment Depwtmnt SCALE: 1" = 150' DATE: 3 -13 -97 6309 -11 PORTLAND AVENUE PROPOSED ZONING CITY WATE PLANT ZONED "R" — w a 0 a J H a ZONED "R" 0 ZONED "R" I LT 64TH ST. ~ J // Item: #2 Agenda Section: Public Hearing Case: #97 -CUP -4 Date: March 25, 1997 GENERAL INFORMATION Petitioner: Carlson Real Estate Company Location: 3020 West 66th Street Type of Request: Conditional Use Permit to allow construction of building for automotive repair and a restaurant. Zoning: C -2 (general commercial) Land Use: Commercial Comp. Plan: Mixed land use References: (see attached Citations section for excerpts) Zoning Code: Section 526.27, Subds. 7 and 16 ACTION Proposed Change: Approval of the conditional use permit would allow construction of 9,430 square foot building for a restaurant and an 8 -bay automotive repair garage. 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 March 25, 1997. City Council: Planning Commission action would set a City Council public hearing date of April 14, 1997. ANALYSIS Proposal: Carlson Real Estate Company is proposing to construct a 9,430 square foot building at 3020 West 66th Street. The existing restaurant building, formerly occupied by Pannekoeken, would be demolished. Tires Plus would occupy 7,230 square feet of the building and Einstein Bros. Bagels, 2,200 square feet. Issues: • Building Design /Appearance: The front of the two businesses would be oriented to 66th Street. The eight service bays would face toward Xerxes Avenue. The building materials would consist of colored concrete block and stucco. Parking/Traffic: Twenty seven parking spaces would be provided on either side of the building to serve the two businesses. City standards require 29 spaces for these two uses; however, sufficient additional parking is available in the main shopping center parking lot to accommodate the parking demand. The southwest corner of the shopping center lot is currently underutilized. The two uses also have complementary peak traffic periods. Most of Einstein's traffic occurs prior to 2 p.m. The larger share of Tires Plus traffic occurs in the evening hours. The existing access points to the shopping center would be maintained. Landscaping: Landscaping would be provided primarily along the street frontage. Trees along Xerxes Avenue would provide some screening of the service bays. Signage: Tires Plus is proposing a pedestal sign at the corner of Xerxes and 66th Street. Staff have recommended a monument sign given the significant signage on the building's tower facade. Platting: The property should be replatted so the lot lines reflect the configuration of the Tires Plus /Einstein's building. The proposed building crosses the lot line established for the Pannekoeken building. The Zoning Ordinance allows only one principal building per parcel. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the request for a conditional use permit for 3020 West 66th Street to allow construction of a building for a restaurant and automotive repair garage with the following stipulations: 1. That a cash escrow be submitted for the cost of the landscaping. 2. That a stormwater management plan be approved by the City Engineer. 3. That the signage plan be approved by the Community Development Director. 4. That the property be replatted within six months of Council approval. 5. That a conditional use permit resolution be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Basis: 1. The existing building is in poor condition; the new building will improve the visual image\of the property. 2. The proposed parking adjacent to the building, combined with unused space in the shopping center lot, meets City parking standards. 3. Landscaping would be provided in accordance with landscape guidelines; trees along Xerxes Avenue would provide some screening of the service bays. 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. 7. Class I (full service) restaurants and Class II (traditional /cafeteria) restaurants, provided the following conditions are met: a) a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from abutting residential parcels -- the Council may reduce this requirement to not less than 15 feet if significant additional landscaping and berming are provided to screen the restaurant use; and b) alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. Subd. 16. Public - mechanical garages, provided the following conditions are met: a) if the use site abuts a lot which is in the R or R -1 district, a buffer yard of not less than 25 feet in width and 75% all- season opacity from the ground to a height of six feet shall be provided to separate all aspects of such use from abutting residential parcels. The Council may reduce this require to not less than 15 feet if significant additional landscaping and fencing, with 100% all -season opacity, is provided to screen the public - mechanical garage use; b) the use site shall not be located within 300 feet of the grounds of a school, church, or hospital; c) a buffer yard of not less than ten feet in width shall be provided to separate all aspects of such use from any abutting parcel; d) vehicles which are inoperable shall not be stored on the premises, except in appropriately designed and screened areas as approved by the City; e) parking of vehicles on public right -of -way shall be prohibited; f) if the use is not located on a county road or state highway, it shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. of the following day; and g) all repair, assembly, disassembly, and maintenance of vehicles shall occur within an enclosed building, except minor maintenance such as tire inflation or adding windshield wiper fluid. 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Type of Request: References: See attachments. BACKGROUND Public Notice: March 13, 1997, a letter was sent to all owners, residents and occupants in the project area. Hearing Examiner: N/A Public Hearing: N/A Planning Commission: Will hear public comments on March 25, 1997. City Council: Will consider this item on April 14, 1997. ANALYSIS Issues. The planned upgrade of I -35W and the Crosstown Highway commons will result in the need for additional storm water storage and treatment capacity. The Minnesota Department of Transportation (MnDOT) had originally identified the 90 unit apartment complex at 63rd Street and Dupont Avenue as the site for that new storm water pond. City staff however objected to that location because of the resultant net loss of housing. Staff suggested that MnDOT instead look at alternative locations for the new pond. In evaluating the options, the Lyndale Garden Center site emerged as the most appropriate site for the 2 -3 acre pond. In addition to the apartment site and the Lyndale Garden Center the city's engineering consultant also looked at one other possible location for the pond. That location included 4 -10 single family lots north of the lake. While the garden center location is preferred by staff, it has not been• approved by the city. Please refer to attachments Al and A2 for information on the three locations. In order to give residents ample opportunity to comment on the storm water ponding issue notices were sent out to all residents and businesses in the Richfield Lake project (RLAP) area inviting them to attend the March 25 Planning Commission meeting to comment on the ponding options. On Thursday, March 13, the City's Engineering staff hosted an open house for residents to review the I -35W and Crosstown Highway improvement plan as well as the storm water ponding options. Public comment regarding those ponding options was solicited. The comments received at that meeting are found on attachment B. RECOMMENDATION Recommended Review the various data, take public comments, and recommend to Action: City Council one.of the three alternative pond locations. Preferred: Basis: 1. It has been determined by MnDOT and confirmed by the city Engineer that 2 -3 acres of land will be needed for a new storm water pond as a result of the highway improvements. 2. The consumption of 2 -3 acres will impact existing and future land use and therefore.the pond location falls under the purview of the Planning Commission. 3. The City Council has requested the Planning Commission's recommendation and will consider the pond location issue at its April 14 meeting. Alternative: Defer action. However, the City Council will consider the pond location at its April 14 meeting. H : P &Z: PC Ltr: 0325 RLA P] PROBLEM STATEMENT sad 2 -3 acres of land for stormwater treatment pond near Richfield Lake APARTMENT OPTION Wood Lake Park Advantages 35W drainage could be handled near 35W Disadvantages Type A pond treats 35W drainage only High land cost Little redevelopment potential Loss of 90 housing units High maintenance with new pond far from lake Largest decrease in tax base Public Involvement Process March 13 Open House Receives Public Comment a March 25 Planning jCommission Recommends Preferred Option for Storm Treatment Pond April 14 City Council Acts on Planning Commission Recommendation ATTACHMENT Al OPTION Lyndale Garden Center Type B pond will treat all drainage to Richfield Lake NPotential for redevelopment new businesses and housing diversity) Increased tax base with redevelopment Reduced maintenance with new pond next to lake Disadvantages Loss of existing business Possible high land cost (offset some by residual land value) 4 -10 Lots North of Lake Won't Disrupt Lake 035W Drainage Could Be Handled Near 35W Type B Pond Treats All Drainage In Watershed Disadvantages Loss of 4 -10 S. F. Homes Type A Pond Treats 35W Drainage Only High Maintenance If Pond Far From Lake No Redevelopment Potential Moderate Decrease in Tax Base ON loaro.Tj XI!Z) 33fOJ•l )U3tU3Aotdtuj o)lrl plo!jtl)!Il W ow W C,4 Zed IN3WHOVIIV f7 2O al- m W. 90] _3 3..M-W U) dicz z 0 F5 E bl) cz cz y. L) Z is 0 Ali' ril i mm ATTACHMENT B PAGE 1 COMMENTS RECEIVED AT MARCH 13, 1997 OPEN HOUSE NAME COMMENT Robert D. Nelson Visual Appearance. Consider areas that can be landscaped - such as curve north of 66th - 74 10 Girard Avenue so the freeway can be as attractive as 35E from 7th Street to downtown St. Paul, 798 -6051 Sound Abatement. When building sound walls, consider the materials and angles of wall surface which will not reflect sound -.(recall the ceiling of Orchestra Hall) as well as thickness and density of walls to restrict'pass through of sound. Also you may recall some public phone booths that have some sort of sound panels that work well. When you put your head inside that area, it is quiet! What can that tell highway sound engineers of how to provide sound absorption on a large scale ?! Jim & Pat Matczynski We would like to be able to give input for a sound wall on the west side of 35W. Irving 6911 Irving Avenue Avenue is affected by noise from 35W and residents should be able to vote for or against a 861 -1282 sound wall. If a sound wall is constructed, could it be built to absorb noise rather than bounce sounds? Gary Ness 1 support the commercial option for the water treatment pond. Build a sound wall along 1611 W. 72nd Street 35W between 73rd and 68th Street. 866 -3596 Barb & Steve Uphoff We have studied the proposed expansion of 35 W /Hwy 62. We just want you to know that 6540 Emerson Avenue we are considering relocating as we feel we are outgrowing our home. 869 - 0947/861 - 4303 -w Lonnie Birhanzel Install a noise wall on Richfield side of freeway to extend all the way to Portland Avenue. 6227 Fifth Avenue Wall should be kept as low as practical. Suggest 10' above present street level, Install 861 -5085 sidewalkibike path to connect Fifth Street to Portland Avenue, thereby creating a pathway all the way from Nicollet to Portland. Linda Saathoff I live at 6420 Emerson. 1 am not looking forward to the noise barrier wall coming so close 6420 Emerson Avenue to our back yard, and would appreciate it being built as far to the west as possible. 861 -2651 Jim Saathoff I have concern that moving the retaining wall next to the alley on the 6400 block of 6420 Emerson Emerson will create a drainage problem if the alley is not improved as part of the 861 -2651 456 -4511 wall /freeway construction project. Regina Saleck We cannot be left so close to the road - Crosstown. Noise and pollution are horrible now 6211 Clinton Avenue and not healthy. for us. Walls are cracking and so is our driveway. 866 -8000 Brad Olson & Lyn Froiland Want to know if widening 66th Street will acquire their home. They are interested in 1317 W. 66th Street selling. Need to do roof repair and want direction soon from city. Lord Olson Wanted to know impact of project on her property. Manager of Richfield Shops at 66th/Nicollet Edward Saleck Please include at least one storm drain in front of 6211 Clinton. There now are three 6211 Clinton Avenue drains for the vacant lots across the street. 866 -8000 ILO V V ATTACHMENT B PAGE 2 NAME COMMENT Joseph & Wendy Capetz We're absolutely 100% disappointed and opposed to the construction and we are 6227 Wentworth concerned about the de- valuation of our property in our neighborhood. 1 view this as a 866-1166 two -three year construction nightmare that will have a negative impact on our day to day 860 - 4060/509 -2820 lives. I'm not sold on the idea of a "beautified end result." We're losing distance from the freeway and these plans were just recently revealed to us. (We just purchased our home in September and we had no disclosure of this proposal at the time of our purchase.) Ultimately, it will be difficult to sell the house during the course of construction and there is no guarantee that the end result will "improve" our property value. In.fact, we're concerned it will de -value our home instead. Are there going to be any considerations for reparations for those who•will be directly impacted by the reconstruction? I would propose that the City of Richfield delay the construction to re- evaluate what this will do to the values of the homes directly affected and have some considerations for those of us who will have to live with the noise, dust and negative situation during the re -build process. The wall is moving too close to the homes... period. Also ... is there a noise wall provided during the construction? John Walstrom We need a noise wall - west side of freeway. It doesn't need to be as high as others. 7200 James Avenue 866 -3851 Dorothy & Arnold Peterson We live at 7120 Lake Shore Drive overlooking Wood Lake where there is no wall. We 7120 Lake Shore Drive strongly disagree with building a wall where we overlook Wood Lake. Our home is 869 -1809 elevated from the street so the wall would need to be grotesquely high and unsightly. Ken Janes I would like for you to take my house. The fence is moving too close. 6216 Third Avenue 861 -6180 932 -8607 Steven O. Lindgren These comments do not reflect the official Chamber of Commerce position; however, the Suite 130, 1401 West 76th loss of any business in Richfield should be of concern to the City Council. The Street employment opportunities which have been provided over the years by Lyndale Garden 866 -5100 Center are significant. An economic analysis of the 3 options for a storm water treatment should include a detailed review of all aspects pertaining to any loss here. Thanks for the Open House! Russell Kennedy The potential loss of housing stock is of great concern to me. Five homes have been 6241 Grand Avenue identified for acquisition; however a number of others may be taken eventually is a loss we 869 -4851 can ill afford. Not only an encroachment on the neighborhoods, but it will surely depreciate property. I also am concerned about the possibility of a noisewall for entry on 35W on the west side. This surely will depreciate property values and disrupt the real estate market in the neighborhood, Another concern is the possible acquisition of Lyndale Gardens. We cannot afford the loss of tax and payroll revenue that this business generates. 1 can't think of any area in Richfield where they could relocate. Much of the proposal has merit and will hopefully relieve a serious traffic problem in the Commons. Peter Suek With the reconstruction of the 35/62 Commons, some south family homes may be more 7241 Emerson Avenue open to moving to provide space for the storm water basin. Lyndale Gardens is a good 866 -7185 business to have on a gateway to Richfield such as Lyndale Avenue. If we have a good plan for the Lyndale Gardens area, then I would approve. Randy Johnson Please raise and lengthen the noise wall for the impact of the new bridge connecting 35W 6314 Humboldt Avenue north with Hwy 121 and Hwy 62. Noise wall from 66th and 35W along Girard up to Hwy 861 -1215 62. From my kitchen window I can already see and hear traffic on 35W. Larry Wozniczka 1 would like to see: 1) West bound access to TH 62 compensating for increased local 6744 Wentworth Avenue traffic when Lyndale access to north 35W is lost. 2) Pedestrian path from Fifth to Portland 869 -1236 south side of TH62. 3) Economic tradeoffs of 3 ponding options. Seems single family option is least expensive to Richfield tax base. d ATTACHMENT B PAGE 3 Nelvin's Auto Body proposed. Wants to be placed on mailing list. 6232 Lyndale Avenue Tom And Barbara Elliott 3/17/97 Wants to receive a description of the 6741 Harriet Avenue options for a storm water pond near Richfield Lake. Favors an alternative that increases the City's tax base. Supportive of new businesses along Lyndale Avenue. Does not want to lose housing to widen the freeway. I sent her information on the storm water pond options. Mr. and Mrs. Ralph Lott 3/17/97 Want to know how close I -35W will 6224 Nicollet Avenue be to their house. Concerned that Nicollet Avenue is adequately lit under I -35W to make it safe for pedestrians. Think a street light is needed at the corner of Nicollet and Blaisdell Avenues. Want additional lighting in Nicollet Park. John, Catherine & Greg Robert 3/18/97 Want to know the impact of 1 -35W Woodlake Cleaning access on their business. 6440 Lyndale Avenue Sandra Mueller 3/19/97 Opposed to closing access to 1 -35W 6521 Fifth Avenue north at Lyndale Avenue. It will hurt businesses on Lyndale Avenue. Doesn't want to lose Lyndale Garden Center because it is a major attraction for people from outside Richfield to come and shop in the HUB shopping area. Prefers to see apartments to be acquired for storm pond. If Lyndale Garden Center is acquired, she wants it relocated close by, such as the K -Mart site. ATTACHMENT C Property Tax Comparison: Garden Center and Reuse Scenarios 1. Garden Center, Current Situation: Land Area 9.93 acres Building area 48,940 square feet (11% building coverage) Payable 1997 Taxes $153,017.15 (actual, less specials & fees) 2. Commercial Reuse after Pond Land Area 6 acres (approximately) Building area 65,340 square feet (25% building coverage) Taxes $294,030 (assumes new taxes at $4.50 /square foot) 3. Residential Reuse after Pond Land Area 6 acres (approximately) Number of units 120 Market Rate Condominium Units (20 units /acre) Taxes $268,780 (assumes average market value of $120,000 /unit) CITY Of R10HRELD PLAnrnn commission o Letter Item: # 4 Agenda Section: New Business PC Letter: # 12 Date: March 25, 1997 GENERAL INFORMATION Subject: Sale of 6601 Bloomington Avenue. Type of Request: Consideration of a resolution finding that the sale of 6601 Bloomington Avenue is consistent with the Richfield Comprehensive Plan. References: Chapter 462 of the Minnesota State Statutes requires that whenever any public agency buys or sells property within the City, the Planning Commission must review the proposed use of the site for consistency with the City's Comprehensive Plan. BACKGROUND Zoning: C -2 (General Commercial). Comp Plan: Medium Density Buffer. Public Notice: Not required. Proposed Use: Retail or service commercial. HRA: Planning Commission approval would facilitate the acquisition/disposition of this property by the HRA in a timely manner. ANALYSIS Issues: The HRA purchased the vacant car wash property at the corner of Bloomington and East 66th Street to eliminate a blighted condition and to facilitate appropriate redevelopment of the site. Staff anticipates two redevelopment proposals possibly being presented to the HRA at its April 21 meeting. In order for the HRA to sell any property it owns, the Planning Commission must first make a finding that the proposed re -use of the property is consistent with the City's Comprehensive Plan. In this instance the plan of record is a 1982 Comprehensive Plan, as the 1996 Plan has not yet been adopted. The 1982 Comprehensive Plan identifies this area as medium density buffer. Within that category principle uses include, single family to four -plex dwellings, open space, buffer yards, and residentially scaled commercial. Both of the re -use proposals that the HRA will possibly be reviewing on April 21 fall under category of residentially scaled commercial and are therefore consistent with the Comprehensive Plan. One proposal involves Clinton Press which is now located across 66th Street and the other is from a private music school. RECOMMENDATION Preferred: Adopt the attached resolution finding that the proposed acquisition/disposition and use of the subject property is in conformance with the Comprehensive Plan. Basis: 1. The sale of HRA property requires a finding of consistency by the Planning Commission. 2. The property is zoned C -2 (General Commercial) and its commercial re -use is consistent with the Richfield Comprehensive Plan which allows for residential scale commercial use in this area. Alternative: Reject the attached resolution, finding that the proposed use of the subject property does not conform to the Comprehensive Plan. H: P &Z: PCLtr:032566011 RESOLUTION NO. RESOLUTION OF THE RICHFIELD PLANNING COMMISSION FINDING THAT THE ACQUISITION AND DISPOSITION OF PROPERTY IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN WHEREAS, the Planning Commission has reviewed the Comprehensive Plan regarding the acquisition and disposition of property located at 6601 Bloomington Avenue described as follows: The West 1/2 of the North 250 feet of the West 1/2 of the Northwest 1/4 of the Northeast 1/4, of the Southeast 1/4, of Section 26, Township 28, Range 24; except streets. WHEREAS, the Planning Commission has found that the acquisition and disposition of such property for commercial purposes would be consistent with the City's Comprehensive Plan. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission finds that the acquisition and disposition of the above described property, for commercial use, is in conformance with the City's Comprehensive Plan. Adopted this 25th day of March, 1997 by the Planning Commission of the City of Richfield, Minnesota. CITY OF RICHFIELD, MINNESOTA Daniel Linnihan, Chairperson ATTEST: Mitchell Hadley, Secretary Y uT. ' MVOCZ,', 00 coca j FL--- f A jI=. ui jL 3F,7= III II p 0 l +su anal Tj ZIP j 2 -1 ic 0. jl[ A 3 1E 3F7= JDE 3,,=F-1 awi. imm:]=J 91 M': C) inaD toEll, ID Nn" U—A FM Fag Ln V: C CL 7 0 Z CL C z 0 co L) A. U U U w 2 L)i Cc CL cc T) Ch Ln JO 0 W 0 LU w LU LU LU cn U) U) m m Z z z j —i LL1 Z LLJ LLJ LLJ < 25x z A t!4r m 2 1D ...,' . on-no I=Q LU z LU LU w G? 0 Z (n < LU m x to O J _ j Z • , - j 7, >. < z LF U. CL w 5 9 m In z 0 3 < a. UO uj Ole SON M" IF-,ME:] z 1 c 0 mr-1 Ed F- LLJ v > o LL LU N C13 uj w >- LLJ a z z uj mrw w 05 WLUzLLJ x LU ll =Hji uj L) LL LU ling E J, 1.5 1 ... ...... L)