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10-28-1997CITY Of R10HRELD PLRnron6 commission nanDn Location: Water Plant October 28, 1997 7 :00 p.m. The Planning Commission will take a tour of the Water Plant at 6 :30 p.m. The regular meeting will begin at 7:00 p.m. l N)11 (v. 11l lul r o u t Im Regular Planning Commission meeting of October 14, 1997. I "uk li• He.trin ew : utiine ITEM #1 Presentation on Implementation of the Richfield Geographic Information System (GIS) Carol Kaszynski, GIS Technician, Public Works Department Md IlU` OR'ne w Uan' aon Reports School Board Community Services Advisory Commission HRA City Council Ado ouzi mmsans Planning Commission Minutes W01V&*1 Regular Meeting October 14, 1997 0 MEMBERS PRESENT: Acting Chairperson Mitchell Hadley; Commissioners: Brenda Bjorklund, Pamela Dmytrenko, David Gepner, and Bill Kilian. MEMBERS ABSENT: Daniel Linnihan, Terry Ahlstrom, Roger Gordon, Kevin Hansen 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 Hadley at 7:04 p.m. Commissioner Dmytrenko was appointed Acting Secretary and noted that a quorum was not present. Chairperson Hadley reviewed the Bylaws and Rules of Procedure of the City Planning Commission under Chapter III, Section 305.05, Subdivision 1 -8, Part I, Section 5, stating that without a quorum, no action may be taken, but that testimony could be taken to be used later when a quorum was met. Chairperson Hadley stated that Commissioner Bjorklund was expected to arrive at a later time, so the Commission would start with Item #4 which did not require action. NEW BUSINESS Information Letter #20 ITEM #4 Discussion of moratorium on development along I -494 Zoning Administrator Urban review the staff report stating that the City Council adopted a resolution establishing a moratorium along the I -494 corridor from Pleasant Avenue to Trunk Highway 77 that would remain in effect until September, 1998. Ms. Urban explained that the zoning along the freeway is inconsistent with the Comprehensive Plan. The Council has directed the Planning Commission to study the zoning. Zoning Administrator Urban continued by presenting several maps showing the industrial zoning along the I -494 corridor, the Comprehensive Plan of the same corridor, the current use of the corridor, and the industrially zoned properties throughout the City. October 14, 1997 Page 2 The Commission discussed the length of the moratorium, the process by which a favorable development project would have to go through should one be presented to the City during the moratorium, and the possible elimination of all industrial zoning within the City of Richfield. PUBLIC HEARINGS CASE 97- CUP -10, 6519 Nicollet Avenue ITEM #1 China Star Restaurant Conditional use permit to allow 90 -seat restaurant Zoning Administrator Urban reviewed the staff report stating that the applicant proposes to open a 90 seat, buffet style restaurant at 6519 Nicollet Avenue. She added that staff had received a letter from a neighbor stating that odors from the past restaurant had been upsetting to the neighborhood. The neighbor felt that restaurant odors would continue if a Chinese restaurant were allowed to open at this location. Mr. Jeff Hogue, representative of Midwest Management, Inc. 750 Pennsylvania Ave. S., Minneapolis, MN 55426, stated that a new ventilation and HVAC system was being installed in the building in order to contain odors and smoke that might result from the Chinese -style cooking. An HVAC specialist was looking into the situation in order to determine which type of ventilation system would best suit this use. He added that in the past, the ventilation system carried smoke and odors out of the back of the restaurant. The new system would take all fumes out of the restaurant through the roof over a neighboring tenant. The applicant, Ms. Corrina Cheng, stated that she has had several restaurants throughout the Twin Cities area during the last 20 years, but currently has two in operation. She further stated that nearly all food prepared would be stir fried. Mr. Denny Czupryna, 6521 1st Avenue, stated that in the past, plumes of smoke were emitted from restaurants in this location that would be carried into the nearby neighborhoods. He added that restaurants currently located near the site emit odors that can be smelled nearly all day long. He felt that if this restaurant were to be allowed to open at this site, it would only exacerbate the current situation. Mr. Czupryna stated that the previous restaurant had installed a ventilation system that cleared up the smoke problem, but did nothing to remove the odor of food from permeating the neighborhood to the east. October 14, 1997 Page 3 Commissioner Kilian asked Ms. Cheng the hours of operation for the proposed restaurant. She stated that the restaurant would be open from 11:00 a.m. through 9:00 p.m., seven days per week. Discussion ensued regarding how odor could be restricted. Zoning Administrator Urban stressed that odor is a subjective issue that would be difficult to measure. M /Kilian, S /Bjorklund to close the public hearing. Motion carried: 5 -0 Zoning Administrator Urban reviewed the criteria that the Commission can use to turn down the request for a conditional use permit, including the condition that the use would not have an undue, adverse effect upon the public health, safety, or welfare. Commission Bjorklund stated that she felt that she couldn't turn down the recommendation because the ordinances weren't specific enough to deny a request based on odor. She further stated that, in her opinion, any odor from the food would not have an undue, adverse effect upon the public health, safety, or welfare of neighboring residents. Commissioner Kilian agreed with Commissioner Bjorklund, adding that Richfield is comprised of businesses as well as residential areas. Both residents and business owners must live and do business within close proximity to one another. In addition, he felt that by installing the proper HVAC unit and maintaining a proper cleaning schedule, any undue odors could be contained. M/Kilian, S /Gepner to recommend approval of the conditional use permit with stipulations that: 1. Plans for a trash enclosure be submitted and approved by the Community Development Director and Health Department, 2. The conditional use permit be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1, 3. The applicant work with representative from the Health Department and Community Development Department to develop a plan for addressing odors acceptable to both. Invitations shall be made to neighboring residents for a representative to provide feedback on the plan. Commissioner Dmytrenko stated that, in her opinion, any odor resulting from the cooking would be unpleasant for neighboring residents. She felt that once a restaurant was in place, there wouldn't be any way to objectively decide whether or not the odor was bearable or not. Even if neighbors were to complain about the odors, there wouldn't be a "next step" to control them if the HVAC system or cleaning schedule didn't work. Chairperson Hadley stated that, although he wasn't against the restaurant moving into the City of Richfield, he felt that there were better places for the restaurant to be located. October 14, 1997 Page 4 Commissioner Gepner agreed with Commissioner Kilian, stating that Richfield businesses and residents live in such close proximity that it wouldn't be possible to limit odor from restaurants. He further stated that if odor could be used to keep one restaurant from opening, then no restaurant would be able to open in the City. Chairperson Hadley stated that the purpose of having a public hearing was to get the opinions and viewpoints from the residents of Richfield. He further stated that he didn't want to hold a public hearing and then just make a vote contrary to what was stated by the public. Motion carried: 3 -2 (Dmytrenko and Hadley opposed) CASE 97 -RZ -2, 300 West 78th Street ITEM #2 City of Richfield Rezoning of property from C -3 to C -2 Zoning Administrator Urban reviewed the staff report stating that the property formerly known as the Lampert Lumber site is currently being marketed for development. The property is currently zoned C -3, which has strict regulations and was created as a means of encouraging higher density development. By rezoning the property to C -2, greater flexibility would be given to market the site for redevelopment as the typical length of time to rezone a property could be a disincentive to developers. Staff discussed with the Commission the differences between C -3 and C -2 zones. In addition, staff explained that there were three current or potential offers to develop the property. M/Kilian, S /Bjorklund to close the public hearing. Motion carried: 5 -0 M/Kilian, SBjorklund to recommend approval of the rezoning of 30_0 West 78th Street from C -3 to C -2. Motion carried: 5 -0 NEW BUSINESS Information Letter #19 ITEM #3 Ordinance Amendment to allow building heights October 14, 1997 Page 5 in C -2 district along I -494 of up to 135 feet Zoning Administrator Urban reviewed the staff report stating that current ordinance limits building height in the C -2 district along 1 -494 to 40 feet. Several buildings have been constructed at heights over 40 feet, including the Minnesota School of Business, Hampton Inn, Meridian Crossings and Richfield Towers. The developers for each of these projects had to obtain a variance or rezone the property to a planned district. Commissioner Kilian questioned why 135 feet was chosen as a height limit. Zoning Administrator Urban explained that 135 feet is the height of the tallest existing structure in Richfield, so that seemed to be an acceptable height for development in the City. Commissioner Kilian suggested that the height limit be set at 100 feet, closer to the height of the existing tall buildings along the freeway. Commissioner Dmytrenko pointed out that the commercial area to the west of I -35W do not have the same separation from the residential area as that east of I -35W. She suggested that the height increase be limited to east of I -35W. M/Kilian, SBjorklund to recommend changing the height limit in the C -2 district east of I -35W, north of 1 -494, west of Trunk Highway 77, and south of 77th Street to 100 feet. Motion carried: 5 -0 APPROVAL OF MINUTES M /Dmytrenko, S/Kilian to approve the minutes of the regular Planning Commission meeting of August 26, 1997. Motion carried: 5 -0 LIAISON REPORTS School Board: Commissioner Dmytrenko stated that a School Start Time Study was being prepared by the school district. Students from grades 5 -12 and community members will be asked questions dealing with the recent changes of the starting times for local schools. Commissioner Dmytrenko further stated that there was discussion of moving the Richfield School District to a different athletic conference. October 14, 1997 Page 6 Community Services Advisory Commission: No report. HRA: Zoning Administrator Urban stated that the co- owners of Richfield Floral and Nursery had approached the HRA Commission stating that the cost estimates for the expansion of their store had been higher than expected. Unsure of what the owners were asking for, the HRA asked the owners to make a proposal to the HRA at a future time with a specific request. City Council: Mayor Kirsch stated that a Special City Council session would be held on Wednesday, October 15, 1997 so that City Manager Jim Prosser could appoint the new Public Safety Director. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:25 p.m. Pam Dmytrenko Acting Planning Commission Secretary