10-14-1997CITY Of R10HRELD
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October 14, 1997
7:00 p.m.
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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
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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
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Planning Commission Letter
C:ITI' OF
RICHFIELD October 14, 1997
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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:
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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.
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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.
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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
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Planning Commission Letter
October 14, 1997
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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.
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