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10-14-1997CITY Of R10HRELD Knnnim commission nGEnDFI October 14, 1997 7:00 p.m. RoU CEO Aj pr•c.il cnf inute Regular Planning Commission meeting of August 26, 1997. ITEM #1 97- CUP -10 6519 Nicollet Avenue China Star Restaurant Conditional use permit to allow 90 -seat restaurant ITEM #2 97 -RZ -2 300 West 78th Street City of Richfield Rezoning of property from C -3 to C -2 titi ITEM #3 Information Letter #19 Information Letter #20 ITEM #4 Uafiaon Reparto Ordinance Amendment to allow building heights in C -2 district along 1 -494 of up to 135 feet Discussion of moratorium on development along 1 -494 School Board Community Services Advisory Commission H RA City Council r- Planning Commission Minutes Regular Meeting August 26, 1997 0 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorklund, Pamela Dmytrenko, David Gepner, Kevin Hansen, and Bill Kilian. MEMBERS ABSENT: Roger Gordon, Mitchell Hadley COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: 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 Lin -nihan at 7:03 p.m. APPROVAL OF MINUTES M /Bjorklund, S/Kilian to approve the minutes of the regular Planning_ Commission meeting of July 22, 1997. Motion carried: 7 -0 M /Bjorklund, S /Ahlstrom to approve the minutes of the Joint Study Session with Community Services of August 12, 1997. Motion carried: 7 -0 PUBLIC HEARINGS CASE 97- CUP -9, 6724 Penn Avenue South ITEM #1 South Penn Auto Care Conditional Use Permit to Allow Construction of a Four -Bay Public Mechanical Garage August 26, 1997 Page 2 Zoning Administrator Urban reviewed the staff report, stating that the applicant proposes to construct a four -bay public mechanical garage on the vacant property at 6724 Penn Avenue. She added that the applicant is requesting a variance to allow a front setback of 23 feet, to be heard by the Hearing Examiner on September 9, 1997. Responding to questions from Commissioners Gepner and Bjorklund regarding the Penn Avenue at 66th Street ( PASSS) design guidelines, Ms. Urban stated that the guidelines have been applied to past projects, including the car wash at the Amoco station and the Bruegger's Bagels at 66th and Penn. She further added that the muffler shop and dry cleaners didn't meet PASSS guidelines because they were constructed before the guidelines were drafted. She explained that the applicant had not made a final decision on signage yet, but staff wanted extra control to ensure good design. Commissioner Hansen questioned the use of the shared parking spaces between the proposed automotive shop and Fireside Pizza. Ms. Urban stated that the area in question could be used as parking spaces during peak hours and as a spill -over area for Fireside Pizza during off -peak hours. Responding to questions from the Commission, Ms. Urban stated that there would be no access to the alley for the automotive shop, although other commercial properties along Penn Avenue do have access. She added that the goal is to have no commercial properties with access to the alley. She further added that a formal agreement for the shared parking between the two parties would have to be drawn up and recorded on the property titles. Mr. Neil Webber, architect of the proposed building, stated that a trash enclosure would be constructed at the rear of the building per ordinance and that a small wall would be built at the front of the building to screen the building to the north. In response to a question from Commissioner Linnihan, the applicant, Mr. Kurt Bohnen, stated that the hours of operation would be from 8:00 a.m. to 6:00 p.m., Monday through Friday and closed on Saturday and Sunday unless business necessitated opening on' weekends. He stated that at that point, the hours would be from 8:00 a.m. to 1:00 p.m. on Saturday. In addition, hours may be extended to 7:00 p.m. on weekdays. He further stated that the fourth bay would have a larger door to allow for larger vehicles, but that the largest auto he would be working on would be a step van. Commissioner Bjorklund asked whether or not vehicles would be stored outside. Mr. Bohnen stated that he tries to keep vehicles indoors, although some vehicles would have to be kept in the parking lot. Ms. Urban stated that inoperable vehicles could not be stored outside per code, but that staff recognized vehicles in need of repair would sometimes be parked in the lot overnight. Mr. Bohnen responded to another question from the Commission, stating that the shop would have four full -time employees and one part-time employee. He added that he owns the service station on the corner of 67th and Penn and that his employees could park at that site in order to create more parking for customers at the proposed shop. August 26, 1997 Page 3 Commissioner Dmytrenko asked whether or not the applicant would consider installing a monument sign instead of a pedestal sign, to which Mr. Bohnen stated that he would give it consideration if room is available. M /Gepner, S /Kilian to close the public hearing. Motion carried: 7 -0 Commissioner Bjorklund stated that she was concerned with vehicles being parked overnight in the parking lot and wondered if a stipulation needed to be added. Ms. Urban stated that it is a condition in the zoning ordinance and could be enforced without a stipulation. M/Gepner, S/Kilian to recommend approval of the conditional use permit with the stipulations listed in the staff report. Commissioner Dmytrenko asked if we could encourage monument signs to be used at the site. Commissioner Linnihan suggested amending the sign stipulation to state that staff and the applicant should explore the viability of a monument sign at the location. Motion carried: 7 -0 NEW BUSINESS Commissioner Kilian requested an additional study session regarding sheds and garages. He has observed several sheds and garages that he has concerns about. LIAISON REPORTS School Board: Commissioner Dmytrenko stated that the School Board had rescinded some of the budget cuts that had been made in January due to the passing of the Education Bill. She added that busing was returned to all junior high students beyond a one -mile radius from the junior high school. However, she stated that the two -mile limit remained intact for all senior high students. Community Services Advisory Commission: No report. HRA: Commissioner Gepner stated that the HRA had made a selection of the three developers for the 76th and Lyndale redevelopment area. Staff had been directed to continue to work with the property owners in developing a plan for the area. He added that the Community August 26, 1997 Page 4 Apartment Program had been approved to continue. Discussion ensued regarding the Lyndale Garden Center's role in the Richfield Lake Area Project. City Council: Commissioner Ahlstrom stated that the Comprehensive Plan had been approved without question, and that the issue of signage had been revisited. Several attorneys representing local businesses, as well as the owners of those businesses had addressed the Council regarding the sign ordinance. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:37 p.m. Mitchell Hadley Planning Commission Secretary h Acdad m in \p &z \pc- mins \082697mn. dot] Planning Commission Letter C:ITI' OF RICHFIELD October 14, 1997 331»cd wiLi^ Agenda Section: Public Hearing Item #: 1 Case #: 97- CUP -10 GENERAL INFORMATION Type of Request: Conditional use permit to allow operation of a 90 -seat, Class II restaurant Applicant /Owner: Kok Ching, China Star Restaurant Location: 6519 Nicollet Avenue Zoning: C -2 (general commercial) Existing Land Use: Commercial Proposed Land Use: Commercial Comp. Plan: Regional Commercial /Office References: (see attached Citations section for excerpts) Zoning Code: Section 526.27, Subd. 8 Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners and occupants within 350 feet of the subject property. City Council: Planning Commission action would set a City Council public hearing date of October 27, 1997. ANALYSIS Proposal: The applicant is proposing to open a sit -down restaurant in the Richfield Shoppes. The restaurant would be a buffet style restaurant with 90 seats. No alcohol would be served. History: This property has been occupied by restaurants in the past. The restaurant use was discontinued approximately three years ago so a new conditional use permit is required. Issues: 1. There is adequate parking for the proposed restaurant. The Richfield Shoppes has a parking ratio of 4.8 parking stalls (278 parking stalls for 57,463 square feet of space) for every 1,000 square feet of gross floor area. City standards require 4 spaces for every 1,000 square feet of gross floor area. 2. A trash enclosure or interior storage of the garbage dumpsters is required. The final plan for trash storage needs to be approved by the Health Department. ACTION TO BE TAKEN Recommendation: Recommend that the City Council approve the request for a conditional use permit at 6519 Nicollet Avenue with the following stipulations: 1. That plans for a trash enclosure be submitted and approved by the Community Development Director and Health Department. 2. That the conditional use permit be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Basis: 1. There is adequate parking for the proposed restaurant use. 2. The space has been occupied by a restaurant use in the past. 3. The proposed use is consistent with the Comprehensive Plan designation of Regional Commercial /Office. Alternative: Recommend that the City Council deny the request for a conditional use permit at 6519 Nicollet 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 Subd. 7. Class I (full service) restaurants and Class II (traditional /cafeteria) restaurants, provided the following conditions are met: r 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. 65th 326d 6501 i I I 1 6503 -05 I i 6507 T 6509 6511 i y O Cn 21 A C 0 U z 5515 517 6519 Street East 3113 sf Simek's Meats & Seafood 6113 sf t0 N (n O r vN o rn a N 15 CON Paper Warehouse 2239 sf r H & R Block 1937 sf Cyber Palace 2600 sr Vision World 7304 sf Richfield Flowers 4796 sf Futon Gallery sf 6519 ' 3000 sf r Crosstown Cy le 6521 79nn sf Tanl ne 6523 _ 1465 sf-- - - - - -- 8 886525 - _ _ _ Check Express — 6527 _- 775 sf , Car T ^a egg; 6529 1120 sf - -Lit- a Caesar's C 10,500 sf r, Adventures In Video j 66th Street East t 3 O Cn U U rA i U. 0 rrs= V L V O a —z V r---- -r - -t_ r oft t0 N (n O r vN o rn a N 15 CON N C ., d C 1., N 1 O 66th Street East t 3 O Cn U U rA i U. 0 rrs= V L V O a —z V CI71' Uh Planning Commission Letter RICHFIELD October 14, • • Agenda Section: Public Hearing Item #: 2 Case #: 97 -RZ -2 GENERAL INFORMATION Type of Request: Rezoning of property from C -3 (high density commercial) to C -2 general commercial) Applicant /Owner: City of Richfield Location: 300 West 78th Street Zoning: Existing Land Use: Proposed Land Use: Comp. Plan: References: Zoning Code C -3 (high density commercial) Public Commercial Regional Commercial /Office see attached Citations section for excerpts) 546.07 Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners and occupants within 350 feet of the subject property. City Council: Planning Commission action would set a City Council first reading on October 27, 1997. ANALYSIS Proposal: The City is recommending that the property at 300 West 78th Street be rezoned from C -3 (high density commercial) to C -2 (general commercial). The rezoning would also include the adjacent property owned by the Soo Line railroad located to the east of 300 West 78th Street. History: The property, formerly known as the Lampert Lumber site, was purchased by the City of Richfield in 1994 to accommodate the portion of the City's Public Works functions that was displaced during the construction of 77th Street. The City is currently marketing the property and is making it ready for future development. The C -3 zoning district was created in 1987 as a means of encouraging higher density development in the Interstate - Lyndale - Nicollet (ILN) area. The district has strict setback, floor area ratio, and use regulations that restrict the type of development that can occur. In the case of the Lampert property, the City has control over future development as the owner and does not need to rely on the C -3 zoning for control. Rezoning the Lampert property to C -2 will give the City greater flexibility in the type of development it can market the site to. In addition, a typical rezoning takes two- and -a -half months to complete. This length of time can be a disincentive to developers operating under strict timetables, which could limit the City's options in selling the site. ACTION TO BE TAKEN Recommendation: Recommend that the City Council approve the request for a rezoning of property at 300 West 78th Street and that land owned by the railroad to the east of 300 West 78th Street. Basis: 1. Rezoning the property would provide the City with greater flexibility in marketing the property. 2. The City, as owner of the property, has control beyond its zoning powers over the type of development that can occur on the property. 3. The proposed zoning is consistent with the City's Comprehensive Plan. Alternative: Recommend that the City Council deny the request for a rezoning at 300 West 78th Street 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 546 - ZONING: ADMINISTRATION 546.07. Zoning amendments. Subdivision 1. Initiation of Amendment. An amendment of this code may be initiated by the Planning Commission, Council, or by petition of the owners of not less than 50 percent of the land proposed to be rezoned and by the owners of at least 50 percent of the land within 300 feet of the land proposed to be rezoned. Properties owned by federal, state, municipal entities, or other political subdivisions shall be excluded from any computation of the percentage of land necessary for rezoning petitions initiated by landowners. Subd. 2. Application. An application for a change in the boundaries of a zoning district made by the owner of the property shall be submitted to the Director on forms provided by the City. Subd. 3. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the Planning Commission. The Planning Commission may offer whatever public notice of its review that it deems necessary. , Following this consideration, the Planning Commission shall make a recommendation to the Council regarding the application. Subd. 4. City Council consideration. After receipt of the recommendation of the Planning Commission, the Council shall consider the matter at a first reading. The Council may offer whatever public notice of its first reading review that it deems necessary. If the application is approved for first reading, the Council shall set a date for a second reading and public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper. Notice regarding an amendment which involves a change in the boundaries of a zoning district shall also be sent by mail to the applicant and all the owners of properties located wholly or partially within 350 feet. The Council shall act upon the amendment within 60 days of submission of a completed application unless written notice of an extension is provided to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If the Council fails to make a timely decision, the amendment shall be deemed to have been approved. The Council may adopt an amendment to this code only upon an affirmative vote of at least two- thirds of its full membership. Subd. 5. Issuance of building permit. No building permit for any building or structure may be issued while proceedings for rezoning of the land wherein the structure is located or to be located are pending, unless the permit would be permitted under both the existing zoning classification and the proposed zoning classification for such area, or unless Council approval is first obtained. Subd. 6. Time limitation. Not more than one petition for the rezoning of any particular piece of land shall be made within any twelve month period. Subd. 7. Fee. The fee for a petition to rezone land is set by Appendix D of the City Code. Subd. 8. Effective date. Amendments to this code shall be effective in accordance with Section 3.09 of the Richfield City Charter. O N O CL O L 0. 1 L 00 CD O O M S and AHnesiild S anti 13 I bb i F- f- M ti N fl. V C L N p •tn owE_ V• EC O r C ca A? C N M rn =UU C N Z N LL O O N O O N ti rn rn L- 4) m 0 U rel O N 01 a ui I AW CD CD Lom W A, m 4010 co O OP* ft cl S 3AVAmnesiild S 3AV 13 m 0! O-E F- co f%- ca 3 C-q cn cn 0 rq 1Z LL 0 0 CN 0 ti rn rn 14W g T . l- Planning Commission Letter October 8, 1997 Agenda Section: New Business Item #: 3 Letter #: 19 GENERAL INFORMATION Type of Request: Amendment to Zoning Ordinance to allow increased building height in the C -2 district for properties along I -494: References: (see attache_ d Citations section for excerpts) Zoning Code: 526.31 ANALYSIS Proposal: The Zoning Ordinance currently limits building height in the C -2 (general commercial) district to 40 feet. City staff are recommending that the all height in the C -2 district be increased to 135 feet for properties located along I -494 (east of Penn Avenue, west of Trunk Highway 77, south of 77th Street and north of 78th Street). History: Several buildings along I -494 have been constructed at heights over 40 feet Minnesota School of Business, Hampton Inn, Meridian Crossings, Richfield Towers) and have had to obtain a variance or rezone the property to a planned district (see attached map of building heights). Historically, height limits were placed on buildings because a city's fire department only had equipment to service a limited height. Today's built -in fire protection systems make height limitations for this reason unnecessary. Issues: I. The Comprehensive Plan encourages regional commercial and office development along I -494; however, this type of development typically exceeds 40 feet in height. 2. The reconstruction of 77th Street creates a separation between the commercial area along I -494 and the residential areas. This separation minimizes any negative impact of increased commercial building, height on the residential neighborhood. ACTION TO BE TAKEN Recommendation: Recommend that the City Council amend the Zoning Ordinance to allow increased building height in the C -2 district for properties located along I -494. Basis: 1. The Comprehensive Plan encourages higher density development along I -494 which makes it appropriate to allow taller buildings in this area. 2. 77th Street provides a separation between the commercial area along I -494 and the residential area to the north. 3. Buildings taller than 40 feet have been approved along the corridor in the past. It is inappropriate, however, to utilize the variance process to authorize taller heights. It is also cumbersome to require a building to be developed as a planned unit development in order to build at a taller height. 4. Other requirements, such as parking ratios, setbacks, conditional use permits, exist to regulate development. Alternative: Recommend that the City Council not amend the Zoning Ordinance at this time. ZONING CODE: CITATIONS SECTION 526 - ZONING: COMMERCIAL DISTRICTS 526.31. Required building setback and maximum height. Subdivision 1. Standards. The standards set out in this section apply in the C-2 District. Subd. 2. Required setback and maximum height: SIDE 35 Ft. 20 Ft. 20 Ft. 25 Ft. 40 Ft. 33 Ft. 8 Ft. 20 Ft. 25 Ft. 15 Ft. Bill No. 1997- Amendment to the City Code of the City of Richfield The City of Richfield Does Ordain: A. Section 526 of Appendix B to the Richfield City Code entitled "Zoning: Commercial Districts" is amended to read as follows: I. Subsection 526.3 1, subd. 7 is hereby amended to read as follows: Subd. 7. Story limitations. Principal buildings shall not exceed three stories in height, and accessory buildings shall not exceed one story in height, except as provided in subd. 8. I1. Subsection 526.3 1, subd. 8 is hereby added to read as follows: Subd. 8. Maximum height exception: principal buildings. The maximum height of principal buildings may be increased to 135 feet in the case of property located within the I494 Corridor, defined as that area east of Penn Avenue, west of Trunk Highway 77, south of 77th Street and north of 78th Street. Passed by the City Council of the City of Richfield, Minnesota this day of ; 1997. Martin J. Kirsch, Mayor ATTEST: Thomas P. Ferber, City Clerk Gu1 1 r 6 * 0111H1111111171 :4 11 XERXES f IF XERXES1_._I E___H3c.=_–_ j F_= =Ilu 11__ I =13000WA S H BU RN WASHBURN L- ----- 2900 VI NC EN T VINCENT 2800 UPTON T410MAS2700 L I JAI THOMAS 2600 SHERIDAN _j 11 I f- - -- - RUSSELL j SHERIDAN 256 GAI F=, _j I EHI LE10 L-I[r 0 RUSSELL QUEEN 2400 QUEEN kv,, L IT PENN2300PENN 1— -] L_ J L OLIVER2200OLIVERIlk L NEWTON 2100 NEWTON 2000 N MORGANM -------- L -A I E.- ORGA Ll 1900 LOGAN LOGAN K N 0 x A1801) KNOX 1A.E11700JAMES ------- 1600 IRVING _;j T_ IRVINGII14KF III -- I L1500HUMBOLDT HUMBOLDT G RARD L– E-j I= 1400 GIRARD a_QFREMONTJI , - — 1 1 W, ., FREMONT EMERSON 114_2 EMERSON o 1100 DUPONT DUPONT 1000 COLFAX F COLFAX goo BRYANT BRYANT 800 ALDRICH Iv ALDRICH MA 700 U(NDALE I _j LL4L j_=7-___._1[:_1j. LYNDALE r 600 GARFIELD GAR FIELD 0 HARRIET500 [ L =I- --d LL HARRIET 400 RoiRflGRAND GRAND 300 PLEASANT - ------ ------- -I PLEASANT rn PILLSBURY20uPILLSBURYE. -7 F11 L.Iftll 7T`-] Tj E :1 W100WENTWORTH g ENTWORTH 50 I3LA13DELL BLAISDELL NICOLLET 'n NICOLLET M MDosl 124 200 2nd c STEVENS 2nd rd 3rd 324 CLIN TON Al - -- -------- j 411 CLINTON 0 400 41h F__ L 'L Po 51h ),I h- j 1. Stn M 500 = IF L 500 RT- D OAKLAND jOAKLAND620 LAND PORTLAND PARK700 PARK 720 COLUMBUS III ILJII - -- --- - J COLUMBUS r 0 171800CHICAGOIjl1C — 2? 11 1 CHICAGO 900 ELLIOT 1z, I I w II ELLIOT 1900 101h h 11 thline 0: IL __11771 12th120012th j!_ I -AL 1 11, - - - 11— -.,_I I --'Ili E13DO13thI; I , - ____ = I L 13 1 h 11I'T I'll1400 L I I I h IL JI I 15 th I I 1500 IS it, --- ----- F__ 0 1 F . _11 [=[-I [_Q 1524 BLOOM- i'! L BLOOMINGTON INGTON I!,-- 1600 16 I h 1 6 1 h 1700 71h 7 1 h ODD I81I 1 L 191n CEDAR CEDAR 1848 LONGFELLOW 41 o 1900 19th 2000 201h Z w lz 2100 21 0 2200 22 d z U= EAz. r t2224 STANDISH 71 oc: ag -.o x. 2-n 0 23 rdr i om am Oc L< m F=O "00 0 m MCI 3E, > 2M 0 m mm" zo mz X r* SO (1) x M 0 cn wo Planning Commission Letter October 14, 1997 c Agenda Section: New Business Item #: 4 Letter #: 20 GENERAL INFORMATION Type of Request: Discussion of moratorium on development and study of existing zoning along I -494, from Pleasant Avenue to Trunk Highway 77. ANALYSIS Background: On August 26, 1997 the City Council adopted the City's Comprehensive Plan Update. The Comprehensive Plan provides a vision for the future development of the City. Following adoption of the Plan, the City had planned to review its Zoning Ordinance to determine where it is and is not consistent with the Comprehensive Plan, as required by state statute. Recently, City staff received a request for preliminary review and feedback of a proposed warehouse development at Pillsbury Avenue and I- 494. The proposal for a storage /warehouse building is inconsistent with the goals of the City's Comprehensive Plan to promote more intensely developed, higher quality regional commercial and office uses along the City's freeways. The subject property is, however, currently zoned industrial, and a warehouse is a permitted use in an industrial district. Several properties along I -494 are currently zoned industrial, meaning that many properties along the freeway could be developed in a manner inconsistent with the City's Comprehensive Plan. On September 22, 1997 the City Council adopted a resolution establishing a moratorium on development along the corridor from Pleasant Avenue the railroad tracks) to Trunk Highway 77. The moratorium will remain in effect until September 1998. In conjunction with passage of the moratorium, the Council directed the Planning Commission to undertake a study of all zoning along the freeway to determine whether or not the zoning currently in place is such that it promotes the goals of the Comprehensive Plan. The Comprehensive Plan also recommends that the City consider eliminating the industrial zoning classification altogether given the lack of existing industrial development and potential areas for industrial development that exists in the community. It would be appropriate to review all industrial zoning in the City during the study period. ACTION TO BE TAKEN Recommendation: Discuss issues relating to moratorium and study of zoning along I -494 corridor. 0 O LL4) CD rn o N t aZ x aCD EH 4P EH let W VP UCP-d Ell PM.N C) Tf TTI 6 E w z CYU5 z 1 j ii Ef 0 w A z O A 0 V uu 1 O Q gill S 5 I la 7 W 0 C a m E m= C 5a U yea Q .i Q, fs, rao c U X Q= w 0 0 a o o, a 0