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02-24-1998J PLANNING COMMISSION AGENDA February 24, 1998 7:00 p.m. Roll Call Approval of Minutes Regular Planning Commission meeting of January 27, 1998. Planning Commission study session of February 10, 1998. Public Hearing ITEM #1 98 -RZ -1 Rezoning of properties along 1-494, between Pleasant Avenue and Cedar Avenue, that are inconsistent with the Comprehensive Plan ITEM #2 98 -CUP -3 1100 East 66th Street Bernadette Mallawaaratchy, Bernie's Montessori School, Inc. Conditional use permit to allow construction of a day care facility for 90 children New Business ITEM #3 PC Letter #7 Initiation of the Capital Improvement Program (CIP) and introductory discussion of the CIP process ITEM #4 PC Letter #8 Consideration of a finding of consistency with the Comprehensive Plan for a proposed second sheet of ice at Veterans Memorial Park ITEM #6 PC Letter #9 Election of Planning Commission Chairperson, Vice - Chairperson and Secretary ITEM #6 PC Letter #10 Appointment of liaisons to the Community Services Advisory Commission, City Council, Housing and Redevelopment Authority and School Board ITEM #7 PC Letter #11 Annual Review of Planning Commission Bylaws Presentation of amendment to Section 6, Part I, relating to voting ITEM #8 PC Letter #12 Establish 1998 -99 dates for Planning Commission study sessions Old Business Liaison Reports School Board Community Services Advisory Commission HRA City Council Adjournment Planning Commission Minutes Regular Meeting January 27, 1998 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorklund, Pamela Dmytrenko, Roger Gordon, Mitchell Hadley, and Bill Kilian. MEMBERS ABSENT: David Gepner COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: John Melin, Community Development Manager Brian S. Mehl, Community Development Technician The Planning Commission meeting was called to order by Chairperson Linnihan at 7:00 p.m. APPROVAL OF MINUTES M/Bjorklund, S/Hadley to approve the minutes of the regular Planning Commission meeting of November 25, 1997. Motion carried: 7 -0 M/Dmytrenko, S /Gordon to approve the minutes of the Special Planning Commission meeting of December 22, 1997. Motion carried: 7 -0 M/Hadley, S /Dmytrenko to approve the minutes of the Planning Commission Study Session of January 13, 1998. Motion carried: 7 -0 January 27, 1998 Page 2 PUBLIC HEARINGS CASE 98- CUP -1, 7615 Nicollet Avenue South ITEM #1 Southridge Construction/Richfield HRA Conditional use permit to allow construction of three attached townhome units Community Development Manager Melin reviewed the staff report, stating that Southridge Construction is proposing to construct a three -unit townhome which would meet the definition of a cluster housing development at 7615 Nicollet Avenue South. He further reviewed the design of the townhomes, the setbacks required for the development, and the landscaping around the property. Mr. Melin added that a neighborhood meeting had been held in May to show the townhome concept to the neighbors and that they were supportive of the concept. In addition, he stated that an added stipulation might indicate that if any turnaround area were to be added to the front yards in the future, then approval from the Community Development Director would have to be obtained. Commissioner Linnihan asked if there had been any study regarding the feasibility of adding a "pseudo- alley" to the rear of the property. Commissioner Bjorklund stated that she would like to see an alley to the rear of the property to minimize the amount of concrete in the front yard. Commissioner Ahlstrom asked where the plat was in relation to 76th and 77th Streets. Mr. Melin stated that the townhome units would be constructed in the middle of the block and that an alley wouldn't be possible because of single family homes that already exist on the north and south sides of the parcel. Responding to a question from Commissioner Dmytrenko, Mr. Melin stated that guest parking for up to six vehicles would be available in each individual driveway. Mr. Tom Ferch, Project Manager for Southridge Construction, stated that the townhomes would cost between $140,000 and $150,000 each and would be owner - occupied. In response to a question from Commissioner Kilian, Mr. Ferch added that the owners of the townhomes would also own the land upon which their townhome is constructed. M /Hadley, S /Bjorklund to close the public hearing. Motion carried: 7 -0 January 27, 1998 Page 3 M/Hadley, S /Ahlstrom to recommend approval of the conditional use permit as written in the staff report, with the additional stipulation that any turnaround area constructed on the property would require prior approval from the Community Development Director. Motion carried: 7 -0 NEW BUSINESS PC Letter #5 ITEM #2 Presentation on the Recreation Asset Replacement Study from Gretchen Blank, Recreation Services Director Gretchen Blank, Recreation Services Director, made a presentation to the Planning Commission regarding the Recreation Asset Replacement Study. She stated that the proposed number of ballfields would only be adequate for current demands and that there was little to no room for additional growth. Responding to questions from Commissioners Dmytrenko and Bjorklund, Ms. Blank stated that she was unsure how long the ballfields would meet current demands, but that there may be room for additional fields at Fort Snelling. Discussion ensued regarding the need for additional ballfields, the cost for replacement of the ballfields, and the centralized scheduling that has been proposed for games and practice on the fields. Ms. Blank responded to a question from Chairperson Linnihan, stating that the plan will go to the general public once funds are available for the replacement of the fields. She further stated that each park will be reconstructed one at a time, rather than all at once. She stated that the reason for that would be because each park would have to be proposed to and accepted by the City Council individually. PC Letter #6 ITEM #3 Finding of Consistency with Richfield Comprehensive Plan Richfield Rediscovered Redevelopment and Tax Increment Financing Plans Community Development Manager Melin stated that Richfield Rediscovered acquires substandard and obsolete housing and replaces the housing with larger, market rate single family January 27, 1998 Page 4 and townhome housing units. He further stated that the program, which was begun in 1990, periodically needs to be modified to the Tax Increment Financing (TIF) Plans. Presenting a map of the TIF districts and project areas, Mr. Melin showed the Commissioners the areas where modification had been proposed. He added that the Commission was being asked to determine whether the Richfield Rediscovered Tax Increment Financing Plans and the acquisition and disposition of the parcels identified in the Plans are consistent with the Comprehensive Plan. Responding to questions from Commissioner Kilian, Mr. Melin stated that the Plan is updated periodically based upon need. He further stated that whenever a parcel is identified that is not on the list, the plan is updated. Mr. Melin added that the Plan that was presented met current needs. Chairperson Linnihan wanted to know what made a house substandard and requested to see a list of the properties, including information regarding which were owner- occupied and renter - occupied. Mr. Melin stated that a memorandum would be -forwarded to the Commissioners regarding this information, including information regarding how properties are selected and why the whole city isn't just placed in one large TIF district. M/Dmvtrenko, S /Kilian to adopt the resolution as stated in the staff report. Motion carried: 7 -0 LIAISON REPORTS Commissioner Hadley stated that the League of Women Voters (LWV) would broadcast a segment concerning the airport mitigation plan during the month of March. He further stated that the show could be taped anytime before March. Several commissioners stated that the taping should be done as close as possible to the broadcast because the situation may change in the interim. Discussion ensued regarding the terminology used regarding the airport mitigation plan. Commissioner Dmytrenko stated that the LWV was concerned about the word "plan," stating that it sounds like the redevelopment is a surety. Chairperson Linnihan stated that the programming should be advertised on the cable access channel. School Board: Commissioner Dmytrenko stated that the School Board discussed the movement of the school district from the Classic Lake Conference to one of three other conferences. A prolonged discussion ensued regarding the need and desirability of changing conferences. Commissioner Dmytrenko further stated that the board discussed the starting times for schools. Community Services Advisory Commission: No report. January 27, 1998 Page 5 HRA: No report. City Council: No report. C:ZIIIZIIi '7f. Diu I D191 I The meeting was adjourned by unanimous consent at 9:45 p.m. Mitchell Hadley Planning Commission Secretary Planning Commission Minutes Study Session February 10, 1998 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: David Gepner, Roger Gordon, Mitchell Hadley, Bill Kilian, and Ken Meter. MEMBERS ABSENT: Terry Ahlstrom, Brenda Bjorklund, and Pam Dmytrenko. 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 met in the Water Plant Conference Room, 6221 Portland Avenue South, at 7:00 p.m. to hear a report on the results of a residential survey conducted in September, 1997. Bill Morris, Decision Resources, Ltd. presented the Executive Summary of the residential survey that had been conducted for the City of Richfield. Mr. Morris stated that Richfield residents feel strongly that the quality of life, city services, and neighborhoods are of excellent or very good quality, according to the survey. He further stated that residents approve of the City Council and Mayor by an 8 to 1 margin and approve of City staff by a 5 to 1 margin. Responding to questions from several Commissioners, Mr. Morris stated that Richfield ranks first in the metro area in some categories and ranks within the top three cities when all categories are combined. He further stated that Richfield's statistics share highest honors with the Cities of Woodbury and Shorewood. The Planning Commission left the Water Plant and convened in the Council Chambers, City Hall, 6700 Portland Avenue South, at 8:15 p.m. John Melin, Community Development Manager, stated that the City was considering hiring Vivian Hart as a neighborhood organizer to help get citizens involved in the airport issues. Responding to questions from Commissioners Meter and Kilian, Mr. Melin stated that the City had received Ms. Hart's name because she is a business partner of a consultant to the City, and that Tom Ferber, City Clerk, had worked with her in the past. He further stated that he was unaware of Ms. Hart's educational background. February 10, 1998 Page 2 Discussion regarding the City Maintenance Facility and the removal of the trees in Veterans Memorial Park followed. The Public Works department has asked that several Commissioners serve on a task force for reviewing the new garage issue. OLD BUSINESS PC Letter 97 ITEM #1 Don Brauer, Airport Consultant Airport Mitigation Strategy Don Brauer, airport consultant, provided information regarding the area that will be impacted most by airport expansion. Additionally, he presented a scenario for redevelopment in the airport mitigation area. Mr. Brauer discussed the ways in which streets would be rerouted and the land uses that were proposed for the redevelopment. Commissioner Meter stated that he would like the strategy to be used to create stronger neighborhoods on the east end of Richfield. He added that it shouldn't establish land use patterns just to mirror the configuration of the runway. Commissioner Meter asked Mr. Brauer whether or not any industrial uses or light manufacturing had been considered for an area along Cedar Avenue near 66th Street. Mr. Brauer responded that it had been considered, but that the area was more suited for office and retail space than for manufacturing or industrial uses. Several commissioners made the point that the redevelopment was a direct result of airport expansion and that the proposed development would not necessarily occur as it had been presented to the Commission. Chairperson Linnihan stated that the strategy had to be developed quickly to respond to the airport Environmental Impact Statement, so there isn't enough time for intensive neighborhood involvement at this time. Chairperson Linnihan and Commissioner Gordon both stated that they liked the concept that Mr. Brauer presented. Commissioner Meter disagreed with the concept as presented and stated that he would like to see more public input on the strategy. ITEM #2 Roger Gordon, Planning Commissioner Proposed Bridge at I -35W and 66th Street Commissioner Gordon stated that a group of Richfield representatives had met with MnDOT to discuss the design guidelines for the proposed bridge at 1-35W and 66th Street. The City had Michael Schroeder, Hoisington - Koegler, develop six conceptual designs. The design group and MnDOT were receptive to the designs. February 10, 1998 Page 3 Responding to a question from Commissioner Kilian, Commissioner Gordon stated that the two upper decks of the overpass would be linked together. He further stated that the bidding process would begin in 1998 and the reconstruction of the bridge would likely begin in 1999. ADJOURNMENT The meeting was adjourned by unanimous consent at 10:20 p.m. Mitchell Hadley Planning Commission Secretary Planning Commission Letter CITY OF RICHFIELD February • • Agenda Section: Public Hearing Item #: 1 Case #: 98 -RZ -1 GENERAL INFORMATION Type of Request: Rezone properties along I -494 with zoning inconsistent with the Comprehensive Plan Location: See Exhibit A Zoning: See Exhibit A Existing Land Use: See Exhibit A Comp. Plan: See Exhibit A References: (see attached Citations section for excerpts) Zoning Code: 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 date of March 23, 1998. ANALYSIS History: A goal of the City's Comprehensive Plan is to encourage more intensely developed, higher quality regional commercial and office uses along the City's freeways. Several properties along I -494 are zoned industrial, meaning that many properties 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. Proposal: At its January study session, the Planning Commission recommended that staff prepare the documents for rezoning properties along I -494 whose zoning is inconsistent with the Comprehensive Plan. Staff recommends that one property be excluded from this list. The gas station at 7744 12th Avenue is currently zoned C -2 but is designated high density multiple housing in the Comprehensive Plan. Staff believe it would be appropriate to leave the existing zoning in place, in this case. The Plan recommends that some neighborhood commercial development be maintained in the area to serve the multiple family residents. Although this property is not specifically identified as neighborhood commercial, it would meet the need for some neighborhood commercial uses in the area. The C -2 zoning would also allow for multiple family development as a conditional use. Issues: 1. Impact on Rezoned Properties: A use /structure may become legally nonconforming with a zoning change if it is not permitted in the new district. When a property or use is legally nonconforming grandfathered" in), it can continue to be used as it is but cannot be enlarged, expanded, intensified or rebuilt. Also, if the present use of a property is discontinued for more than 12 months, the next use must be in conformance with the current zoning. Approximately 11 of the 35 uses /structures proposed to be rezoned would become nonconforming. 2. Notification of Affected Property Owners: Letters were sent to the owners of property to be rezoned. The owners were invited to an open house before the regular Planning Commission meeting to ask questions and provide feedback. At the request of some property owners, a comparison of existing and proposed zoning will be provided in the next mailing advertising the City Council public hearing. Notification of the rezoning was also sent to property owners and occupants within 350 feet of the properties to be rezoned. ACTION TO BE TAKEN Recommendation: Recommend that the City Council rezone properties that are inconsistent with the City's Comprehensive Plan as identified in Attachment A. Basis: I. Several properties along I -494 are currently zoned I (industrial), which would allow uses inconsistent with the Comprehensive Plan. 2. The City's Comprehensive Plan calls for intensely developed, higher quality regional commercial and office uses along the City's freeways. The proposed rezoning to non - industrial zoning would be consistent with the goals of the Comprehensive Plan. Alternative: Recommend that the City Council not rezone the properties identified in Attachment A and end the moratorium on development along the I -494 corridor. Attachment A Proposed Rezonings - -1-494 Properties Property Address Business /Apartment Name Existing New Comp Plan Current Proposed Land Use Designation Zoning Zoning C -2277014thAveSPremierProperties VON 0. ON APT C -R/O I 3 7715 4th Ave S Single Family Residential RES C -R/O I C -2 4 7720 4th Ave S Crestwood Apts APT C -R/O I C -2 5 7731 4th Ave S Blaylock Plumbing Company IND C -R/O I C -2 6 7701 5th Ave S Parking Lot COM C -R/O I C -2 7 7708 5th Ave S Parking Lot COM C -R/O I C -2 8 7714 5th Ave S Bon Auto Works COM C -R/O I C -2 9 7744 5th Ave S Arby's COM C -R/O I C -2 10 345 77th St E Richfield - Bloom, Credit Union COM C -R/O I C -2 11 415 77th St E Richfield Wheel Alignment COM C -R/O I C -2 12 631 77th St E Boyum Properties APT C -R/O MR -3 C -2 13 701 77th St E Hampton Place Apts APT RMH C -2 MR -3 14 901 77th St E Hampton Place Apts APT RMH C -2 MR -3 15 710 78th St E Hampton Place Apartments APT RMH C -2 MR -3 16 1001 77th St E Heritage Square Apts APT RMH C -2 MR -3 17 140 78th St E Burger King COM C -R/O I C -2 18 500 78th St E Khan's Mongolian Restaurant COM C -R/O I C -2 19 45 77th St W New Orleans Court Apts APT RMH I MR -3 20 30 78th St W New Orleans Court Apts APT RMH I MR -3 21 84 78th St W Sherwin- Williams COM RMH I MR -3 22 100 78th St W Viking Paints IND C -R/O I C -2 23 200 78th St W Minnesota Mini- Storage COM C -R/O I C -2 24 7700 Nicollet Ave S Embers COM C -R/O I C -2 25 7701 Nicollet Ave S Chi Chi's COM C -R /O I C -2 26 7717 Nicollet Ave S Menards COM C -R/O I C -2 27 7720 Nicollet Ave S Super America COM C -R/O I C -2 28 7701 Pillsbury Ave S Carlson Construction IND C -R/O 1 C -2 Universal Power Conversion McCann and Associates Cool Stuff Brokerage Press Parts 29 7709 Pillsbury Ave S Anchor Fence Co. of Minnesota IND C -R /O I C -2 30 7715 Pillsbury Ave S Williams Drywall IND C -R /O I C -2 31 7717 Pillsbury Ave S George Printing IND C -R /O I C -2 32 7721 Pillsbury Ave S Direct Line IND C -R/O I C -2 33 7700 Wentworth Ave S Hollenbeck and Nelson IND C -R /O I C -2 34 7720 Wentworth Ave S Hoveco Janitorial Supplies IND C -R/O I C -2 35 7727 Wentworth Ave S Multiple Family Residential APT RMH I MR -3 Recommend no rezoning LAND USE KEY COMP PLAN KEY ZONING KEY COM = commercial RMH = high density multiple housing C -2 = general commercial APT = apartment C -R/O = regional commercial /office I = industrial IND = industrial MR -3 = high density multiple housing RES = residential PLI blo TO 0 O E rO IRt W bo O O O i` D 0 cc E E M Ejc '= 0 of 75 E U .2 E 0 0 00 o 9 lco: o 'a 5.0 :3 D -r- 0- D — C.9 45 T- -C o c: 0- z CL 0 0 0 E 0 c wr CL C. 0 0 l E E 8 o c @ E 5 -a E :, c, E 0 cc C? N ON () CDC) 40 4 co r_ F- 0 M 0 0 CL 0 m CL CDrnrn m UL Qi Qi U- 0 irCD LO tl z CD ti CD ILI C) LO 0. c E 0 N CD CD W 0 cr) N cc U 0 2 DE- L Eslagg'sll NiR gigue CD ILI C) LO 0. c E 0 N CD CD W 0 cr) N cc U 0 2 DE- L 6,} Planning Commission Letter February 24, 1998 Agenda Section: Public Hearing Item #: 2 Case #: 98 -CUP -3 GENERAL INFORMATION Type of Request: Conditional use permit to allow construction of a day care facility Applicant /Owner: Bernadette Mallawaaratchy, owner of Bernie's Montessori School, Inc. Location: 1100 East 66th Street Zoning: C -2 (general commercial) Existing Land Use: Single family residential Proposed Land Use: Commercial Comp. Plan: High Density, Attached, Single Family Residential References: (see attached Citations section for excerpts) Zoning Code: Section 526.27; Section 546.05 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. In addition, notices were sent to owners and occupants in the 6400 blocks of 1 lth and 12th Avenues. City Council: Planning Commission action would set a City Council public hearing date of March 9, 1998. ANALYSIS Proposal: The applicant is proposing to construct a 4,160 square foot building to house a day care for 90 children. The building would be located on the north side of the property. The applicant currently operates a day care at St. Peter's Church and wants to relocate in the area. The play activity area is located to the west of the building, 20 feet from the north property line. The area would be fenced, and the applicant proposes to plant four evergreen trees on the north side of the area to provide a buffer from the adjacent residential uses. Twenty parking spaces will be provided on the site. City parking standards require one space for every five children, for a minimum requirement of 18 spaces. There is no specific area designated for dropping off and picking up children. This activity would make use of the available parking spaces. A significant amount of grading will need to be done to create a relatively flat area for construction. Retaining walls will be constructed on the north, east and south sides of the building and parking lot. History: There is currently a single family residence on the property. The single family home would be demolished or removed. Issues: 1. Trees and Landscaping: There are approximately twenty trees on the property and two boulevard trees. A portion of the trees along the north and south property lines may be able to be saved, but most of the trees will need to be removed to accommodate the proposed construction. A protection plan for those trees that can be saved should be submitted before a building permit is issued. The applicant is proposing to plant 10 trees as part of the landscape plan for the property. A detailed landscape plan needs to be submitted, and it should include a number of trees equal to those being removed. 2. Adjacent Land Uses: A commercial use (King Oscar's) is located to the east of the property. A single family residence is located to the north of the property. The applicant proposes to plant four evergreen trees to screen the play area from the adjacent neighbor. There are two to three significant evergreen trees currently located along the north property line. Every effort should be made to preserve these trees and provide additional buffering for the neighboring property. A retaining wall will also be located along the north property line, which will screen a portion of the commercial use. 3. Comprehensive Plan: The Comprehensive Plan designates the area for high density, attached, single family housing (RSFH). The underlying zoning, however, is C -2 (general commercial). In staff's opinion, absent a comprehensive redevelopment plan for this RSFH area, the underlying zoning supersedes the Plan. ACTION TO BE TAKEN Recommendation: Recommend that the City Council approve the request for a conditional use permit at 1100 East 66th Street with the following stipulations: 1. That a detailed landscape plan, containing an equal number of trees to replace those being removed, be submitted to and approved by the Community Development Director. 2. That a tree protection plan for those trees remaining be submitted to and approved by the Community Development Director. 3. That a grading plan be submitted to and approved by the Public Works Director. 4. That a sediment and erosion control plan be submitted to and approved by the Public Works Director. 5. That a stormwater management plan be submitted to and approved by the Public Works Director. 6. That the business maintain the appropriate state, county and city licenses. 7. That a resolution approving the conditional use permit be recorded with the County, pursuant to Minnesota statutes section 462.36, subdivision 1. Basis: 1. The property is zoned C -2 (general commercial) which allows for commercial uses to be developed on the property. The proposed day care is a conditional use in the C -2 district. 2. The proposed parking meets the City's parking standards. 3. The proposal meets the required zoning standards for new construction in the C -2 district, including setback, lot coverage and performance standards. Alternative: Recommend that the City Council deny the request for a conditional use permit at 1100 East 66th 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 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. 25. Licensed day care facilities, provided the following conditions are met: a) pick -up and drop -off areas shall be located on the site, and shall be designed to avoid interfering with traffic and pedestrian movements; b) outdoor recreational areas shall be located and designed in a manner which mitigates visual and noise impacts on adjoining residential property; and c) such facilities shall obtain all applicable state, county, and city licenses. SECTION 546 - ZONING: ADMINISTRATION 546.05. Conditional use permits. Subdivision 1. Permit reguuired. It shall be unlawful to engage in any use listed in this code as a conditional use without first obtaining a conditional use permit (CUP) from the City pursuant to this subsection. Subd. 4. 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 it deems necessary. Following this consideration, the Planning Commission shall make a recommendation to the City Council regarding the application. Subd. 6. Conditions for issuance. The Council may not grant a conditional use permit unless it finds that all of the following conditions will be met: a) the proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; b) the proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines; c) the proposed use is or will be in compliance with the performance standards specified in Section 541 of this code; d) the proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; e) the use will not have undue adverse impacts on the public health, safety, or welfare; and f) there is a public need for such use at the proposed location; and g) the proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. a '". 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References: Richfield City Charter, Chapter 7. ANALYSIS Issues: Historically, February marks the beginning of the CIP process, where Planning Commissioners are asked to review the CIP in preparation for the upcoming CIP Plan. Commission members may also propose new projects now or at a later stage of the review. ACTION TO BE TAKEN Recommended No official action is required at this time. Administrative Services Action: Director, Steve Devich, will be at the February 24, 1998 Planning Commission meeting to provide an overview of the CIP process, to present preliminary information and to answer questions. The Planning Commission is tentatively scheduled to review the first draft of the plan in March and act on the Plan in April. Basis: The Planning Commission is required by City Charter to prepare and recommend a Capital Improvement Program for inclusion in the Annual Budget Message of the City Council. Planning Commission Letter February 24, 1998 Agenda Section: New Business Item #: 4 Letter #: 8 GENERAL INFORMATION Type of Request: The City requests that the Planning Commission consider a proposal to add a second sheet of ice to the Richfield Ice Arena and make a finding of consistency with the Comprehensive Plan. References: Minnesota Statutes: Section 462.356, Subd. 2 (see attached) State statute requires that the Planning Commission make a finding of consistency with the City's Comprehensive Plan before the municipality authorizes any capital improvement. Public Notice: Not required. ANALYSIS Proposal: A group of residents has approached the City and asked that the City consider adding a second sheet of ice to the Richfield Ice Arena. The City Council directed staff to undertake a feasibility study on whether or not to add a second sheet of ice to the arena. As part of the feasibility study, the City Council needs to know whether or not the proposed capital improvement is consistent with the City's Comprehensive Plan. Issues: 1. Comprehensive Plan The Plan does not specifically state that a second sheet of ice should be added to the ice arena; however, the following goals and policies from the Comprehensive Plan are related to the proposal: Parks and Open Space (ONE -12) A goal in the development and redevelopment of City's parks is to complete Veterans Memorial Park development (page ONE -12) Special facilities should be maintained and improved, including: adding a community activities structure to the arena/pool complex and tying it to the arena. (ONE -13) Some funding for parks and recreation facilities can come from the sale of New Ford Town and Rich Acres parks, but most funds must be provided by the City through bonding and funds transfers, revenues from activities and special revenue funds pledged to bond payments. ONE -13) The Comprehensive Plan also refers to and incorporates the Master Parks Plan into the document. The Master Parks Plan classifies Veterans Memorial Park as a Community Park. A Community Park is defined as a park generally 100 acres or more in size which would include facilities of a city -wide nature such as a community center, ice arena, amphitheater and pool. The Park Plan provides the following goals and policies related to the proposed ice sheet: The Ice Arena should be modified to coordinate functionally with the proposed Community Activities Building in Veterans Memorial Park of Richfield. Complete development of the Veterans Memorial Park of Richfield site and facilities as the community park image center and activity focal point. 2. Site Plan Two potential site plans are attached for the Commission's review and comment. Review of Capital improvements Most capital improvements are included as part of the Capital Improvements Program and Budget, which the Planning Commission reviews as a whole for consistency with the Comprehensive Plan. The residents group has asked the City for a timely response on this issue, so it is being reviewed as a separate item, apart from the Capital Improvements Program and Budget. 4. Process The Community Services Commission will be reviewing the project on March 12. City staff have contacted the Department of Natural Resources about the proposed addition and will be meeting with the DNR in the next week. On March 23, the City Council will review the project and decide whether or not to authorize the hiring of an architect. ACTION TO BE TAKEN Recommendation: Adopt the attached resolution which makes the finding that the proposed addition of a second sheet of ice to the ice arena is consistent with the Comprehensive Plan with the following stipulation: 1. That the placement of the addition of the ice sheet not conflict with the Comprehensive Plan goal to functionally coordinate the ice arena with a possible Community Activities Building in the future. Basis: 1. The Comprehensive Plan and Master Parks Plan identify Veterans Memorial Park as a community park, and recreational facilities such as the ice arena are appropriate activities in a community park. 2. The Comprehensive Plan and Master Parks Plan identify Veterans Memorial Park as the community park image center and activity focal point. An expansion of the ice arena is consistent with this policy. 3. The additional sheet of ice would serve a public purpose by providing additional space for public and private school skating - related activities as well as recreational skating - related activities of the general public. 4. Parks and related recreational facilities owned by a governmental unit are permitted in all zoning districts within the City. Alternative: Find that the proposed addition is not consistent with the Comprehensive Plan. Citations Minnesota State Statutes 462.356 Procedure for plan effectuation; generally. Subd. 2. Compliance with plan. After a comprehensive municipal plan or section thereof has been recommended by the planning agency and a copy filed with the governing body, no publicly owned interest in real property within the municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by the municipality or special district or agency thereof or any other political subdivision having jurisdiction within the municipality until after the planning agency has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the governing body or other special district or agency or political subdivision concerned, its findings as to compliance of the proposed acquisition, disposal or improvement with the comprehensive municipal plan. Failure of the planning agency to report on the proposal within 45 days after such a reference, or such other period as may be designated by the governing body shall be deemed to have satisfied the requirements of this subdivision. The governing body may, by resolution adopted by two -thirds vote dispense with the requirements of this subdivision when in its judgment it finds that the proposed acquisition or disposal of real property or capital improvement has no relationship to the comprehensive municipal plan. RESOLUTION NO. RESOLUTION OF THE RICHFIELD PLANNING COMMISSION FINDING THAT THE PROPOSED CAPITAL IMPROVEMENT TO ADD A SECOND SHEET OF ICE TO THE ICE ARENA IS IN COMPLIANCE WITH THE COMPREHENSIVE PLAN WHEREAS, the Planning Commission has reviewed the proposed addition of a second sheet of ice to the Ice Arena located in Veterans Memorial Park of Richfield; and WHEREAS, the Planning Commission has found that the proposed capital improvement would serve a public purpose; and WHEREAS, the Planning Commission has found that the capital improvement would be consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds the capital improvement to add a second sheet of ice to the Richfield Ice Arena to be in conformance with the City's Comprehensive Plan. Passed this 24th day of February, 1998 by the Planning Commission of the City of Richfield, Minnesota. PLANNING COMMISSION CITY OF RICHFIELD, MINNESOTA Daniel Linnihan, Chairperson Mitchell Hadley, Secretary I IN MUMIN- r'lr-L-I) 6, 114UWH1, A A.; m Wm m POP v* ;a-vr. ZOE 015 n m IM, Agenda Section: New Business Item #: 5 Letter #: 9 GENERAL INFORMATION Type of Request: Election of Planning Commission Chairperson, Vice - Chairperson and Secretary. Annual organizational meeting. References: 1. Chapter III. Section 305.5, Subd. 1 -8 Richfield City Code. 2. Planning Commission Bylaws (attached). ANALYSIS Issues: The Bylaws require that the Planning Commission hold an annual organizational meeting and elect from its membership a Chairperson, Vice - Chairperson and Secretary at the first regular meeting in February. According to the Bylaws (Part II, Organization), a majority vote is necessary to first elect a Chairperson and second to elect the remaining officers. The Chairperson, Vice - Chairperson, and Secretary are to take office immediately upon election and hold office until their successors are elected next year. The Chairperson is responsible for conducting all Planning Commission meetings and public hearings. The Chairperson is also responsible for working with city administration on planning functions. The Vice - Chairperson is responsible for the duties of the Chairperson in the event the Chairperson is absent. The Secretary is responsible for the minutes of the Planning Commission. 1997 election results were Chairperson Linnihan, Vice- Chairperson Hansen and Secretary Hadley. ACTION TO BE TAKEN Recommended Elect a Planning Commission Chairperson, Vice - Chairperson, and Action: Secretary. Basis: The above action is required by Planning Commission Bylaws. Alternative: N/A Agenda Section: New Business Item #: 6 Letter #: 10 GENERAL INFORMATION Type of Request: Appointment of liaisons to the Community Services Advisory Commission, City Council, Housing and Redevelopment Authority HRA), and School Board. Annual organizational meeting. References: Planning Commission Bylaws. ANALYSIS Issues: Community Services Advisory Commission: The resolution establishing the Community Services Advisory Commission provides that a liaison and alternate from the Planning Commission be appointed to the Community Services Advisory. The Community Services Advisory Commission meets on the second Tuesday of the month at 7:00 P.M., generally in the Executive Conference Room at City Hall. The Planning Commission should appoint two members to serve as liaison and alternate liaison to the Community Services Advisory Commission. Commissioners Hansen and Gordon served as liaison and alternate liaison to the Community Services Advisory Commission in 1997. City Council: The City Council meets every second and fourth Monday at 7:00 P.M. in the Council Chambers at City Hall. Commissioners Hadley and Ahlstrom served as liaison and alternate liaison in 1997. Housing and Redevelopment Authority (HRA): The HRA meets every third Monday at 7:00 P.M. in the Council Chambers at City Hall. Commissioners Gepner and Kilian served as liaison and alternate liaison in 1997. School Board: The Commission also appoints a liaison and alternate liaison to the School Board. The School Board generally meets the first and third Monday of each month at 7:00 P.M. and the location alternates from school to school. Commissioner Dmytrenko and Linnihan served as liaison and alternation liaison in 1997. ACTION TO BE TAKEN Recommended The following Planning Commission actions are recommended: Action: Approve members to service as liaison and alternate liaison to the Community Services Advisory Board, City Council, Housing and Redevelopment Authority (HRA), and School Board. Basis: The above action is required by the Planning Commission Bylaws. Alternative: N/A madW Planning Commission Letterlot "S February 24, 1998 Agenda Section: New Business Item #: 7 Letter #: 1 I GENERAL INFORMATION Type of Request: Annual review of Planning Commission Bylaws References: (see attached) Bylaws: ANALYSIS Proposal: The Bylaws require an annual review of the Bylaws by the Planning Commission. The Commission may want to consider an amendment to the Bylaws, Section 6, Part I. Section 6, entitled "Voting ", contains ambiguous language relating to voting. The language, when read literally, states that four affirmative votes are needed to approve an item (e.g. an item would pass with a 5 -4 vote against it). This language likely relates to instances when only five members are present and is intended to prevent an item from being passed with just three affirmative votes. The language should be amended to require a majority vote for approval of an item with a minimum of four votes needed to constitute a majority. Amendments to the Bylaws are covered by Section 2, Part III. They require a presentation of an amendment at one meeting and a 2/3 vote approving the amendment at the following meeting. ACTION TO BE TAKEN Recommendation: Review the Planning Commission Bylaws. Present the following amendment to Section 6, Part I regarding voting: At all meetings of the Planning Commission, each member attending shall be entitled to cast one vote. Voting shall be by voice_ and -an An affirmative vote of four members or of a majority of members present, whichever is greater, shall be necessary for the passage of any matter before the Planning Commission, except as otherwise provided in these Bylaws. and schedule a vote on the amendment at the regular Planning Commission meeting on March 24, 1998. Basis: I . Annual review of the Bylaws is required by the Planning Commission Bylaws, 2. Section 6, Part I contains ambiguous language relating to voting and should be amended to clarify the number of votes needed to approve an item. Alternative: Review the Planning Commission Bylaws and recommend no changes. The following Bylaws and Rules of procedure are adopted by the City's Planning Commission to facilitate the performance of its duties and functions as empowered under Chapter III, Section 305.05, Subdivision 1 -8 of the City Ordinance Code. Section 1. Regular Meetings Regular meetings of the Planning Commission shall be on the fourth Tuesday of each month commencing at 7:00 P.M. in the Council Chambers of the City Hall. When the regular meeting date conflicts with the State designated precinct caucus, the regular meeting will be held on the second Tuesday of said month at the same time and place. Section 2. General Planning Meetings The second Tuesday of every month shall be reserved for discussing and deliberating on general planning matters related to the property development and future well -being of the Community. Section 3. Special Meetings Special meetings of the Planning Commission can be called by the Chairperson and one member or by three members of the Commission or at the request of the City Council. Notice, designating the time and place of the meetings, shall be given to all members not less than twenty -four (24) hours in advance thereof. Section 4. Deadline for Hearing Items The Planning Commission will accept all applications to be heard before it, no later than fifteen (15) working days preceding the regular Planning Commission meeting. Upon written notice to the Community Development Director prior to the Planning Commission meeting, an application may be withdrawn. Once an application is withdrawn, it must be refiled with the Community Development Department, City of Richfield, before any Planning Commission hearing is held. Section 5. Quorum Five members of the Planning Commission shall constitute a quorum for the transaction of business. No action shall be taken in the absence of a quorum with the exception that the Planning Commission members present may take testimony for use at a later meeting at which a quorum is present, and may adjourn a meeting to a later time without further notice. Section 6. Voting At all meetings of the Planning Commission, each member attending shall be entitled to cast one vote. Voting shall be by voice and an affirmative vote of at least four members present shall be necessary for the passage of any matter before the Planning Commission, except as otherwise provided in these Bylaws. Section 7. Proceedings a) Format of Meeting At a regular meeting of the Planning Commission, the following format shall be followed in conducting the business of the meeting. 1) Roll Call 2) Approval of Minutes 3) Regular Business and Public Hearing Items 4) New Business 5) Old Business 6) Liaison Reports 7) Adjournment b) Public Hearin The purpose of a hearing is to collect information and facts in order for the Commission to develop a planning recommendation for the City Council. At a public hearing the following procedure shall be followed for each case for which a public hearing is held: 2- 1) Chair shall state the case to be heard. 2) Chair shall call upon the Community Development Director or designee to present the staff report. 3) Chair shall ask the applicant to present his /her case. 4) Members of the Planning Commission shall be allowed to question the applicant about his /her proposal. 5) Interested persons may address the Commission, giving relevant information regarding the proposal before the Commission. a) All questions or statements by Richfield staff personnel, planning commissioners, applicants or interested citizens will be directed through the Chair. b) All who wish to speak will be heard, but only in accordance with the above procedure and after recognition by the Chair. c) No individual may speak longer than five (5) minutes, except through previous arrangement with the Chair, or by vote of the Commission. d) The spokesperson for a group will be allowed ten (10) minutes. e) In addition to the statements by individual or groups, there will be a period, not to exceed thirty 30 minutes, during which the public may question the City's staff members present, the applicant or their representatives or any member of the Planning Commission. Questions must be directed through the Chair. 6) The hearing shall be closed. .Interested persons shall not be heard again unless the hearing is reopened by a majority vote of the Commission. 7) The Commission shall discuss and clarify the item before it, and take action on it. 3- 8) Any decision of the Commission on the merits of any planning question before it shall be embodied in the form of a motion, resolution, or report, and referred to the City Council for action. C) Rules of Procedure At all regular meetings of the Planning Commission where formal action is required on a matter before the Commission, the meetings shall be governed by Robert's Rules of Order. At general meetings of the Planning Commission no formal parliamentary procedure shall govern the conduct of the proceedings unless found to be necessary such as when a formal motion is before the Commission. Section 1. Election of Officers At the first regular meeting in February of each year, the Commission shall hold an organizational meeting and elect from its membership a Chairperson, Vice - chairperson, and Secretary. Each member shall cast a ballot for the member he /she wishes to be elected Chairperson. If no one receives a majority of all the members of the Commission, balloting shall continue until one member receives majority support. Vice- chairperson and Secretary shall be elected from the remaining members by the same procedure. If the Chairperson resigns from office before the next regular organization meeting, the Vice - chairperson shall automatically become acting Chairperson. If both Chairperson and Vice - chairperson resign, the Secretary shall become acting Chairperson. In any instance, where an officer of the Commission resigns or retires from office a new officer shall be elected to the vacated position at the next regular meeting of the Commission. If the Chairperson, Vice - chairperson, and Secretary are absent from a meeting, the Commission shall elect a temporary Chairperson by voice vote. In the event that the Secretary is absent from a meeting, the Chairperson shall appoint a member of the Commission to approve the minutes of that meeting. 4- Section 2. Tenure The Chairperson, Vice - chairperson, and Secretary shall take office immediately following their election and hold office until their successors are elected and assume office. Section 3. Duties of Officers The duties and powers of the officers of the Planning Commission shall be as follows: a) Chairperson 1) Presides over all meetings of the Commission. 2) Appoints committees and performs such other duties as may be ordered by the Commission. 3) Signs documents of the Commission. 4) Sees that all actions of the commission are properly taken. 5) Calls special meetings of the Commission in accordance with these Bylaws. 6) Works with appropriate city staff in organizing agendas of all general Planning Commission meetings. b) Vice - chairperson Performs all of the duties and responsibilities of the Chairperson in his /her absence. C) Secretary 1) Assumes duties and responsibilities of the Chairperson when both Chairperson and Vice - chairperson are absent. 2) Keeps the minutes of the meetings of the Commission in an appropriate minute book. 3) Signs all minutes of the Commission as well as other official documents of the Commission 5- Section 1. Suspension of Rules The Commission may suspend any of these Rules by a 2/3 vote of those members present. Section 2. Amendments These Rules may be amended at any regular meeting by a 2/3 majority of the members of the Commission, provided that the amendment was presented and written into the minutes of a previous meeting. Section 3. Review The contents of these Bylaws and Rules of procedure should be comprehensively reviewed, evaluated, and modified where necessary, at the organization meeting held in February of each year. Adopted this 25th day of February, 1997. Chairperson, Richfield Planning Commission Secretary, Richfield Planning Commission 6- Bylaws[PCBylaw] 1 , 1 Planning Commission Letter February 24, 1998 Agenda Section: New Business Item M 8 Letter M 12 GENERAL INFORMATION Type of Request: Adopt a resolution establishing 1998 dates for Planning Commission study sessions and discuss possible topics. ACTION TO BE TAKEN Recommendation: Adopt the attached resolution, setting dates for the 1998 -99 Planning Commission study sessions Basis: 1. The Planning Commission holds regular study sessions to discuss special topics, work on ordinance amendments and for educational purposes. 2. Setting the study session dates by resolution allows for more advance public notification of the meetings. Alternative: 1. Do not adopt the resolution; recommend changes to the by -laws establishing the study session schedule. 2. Do not adopt the resolution; direct staff to provide public notification for each study session as they occur. RESOLUTION NO. RESOLUTION OF THE RICHFIELD PLANNING COMMISSION ESTABLISHING THE 1998 STUDY SESSION SCHEDULE WHEREAS, the Richfield Planning Commission holds regular study sessions to review special topics and work on special projects. WHEREAS, because the Planning Commission is an advisory body to the City Council, all meetings are open to the public and proper notification of the dates of the meetings is necessary. NOW, THEREFORE BE IT RESOLVED, the Planning Commission will hold its 1998- 99 study sessions at 7:00 p.m. in the City Hall Council Chambers, 6700 Portland Avenue, on the following dates: Tuesday, March 10, 1998 Tuesday, April 14, 1998 Tuesday, May 12, 1998 Tuesday, June 9, 1998 Tuesday, July 14, 1998 Tuesday, August 11, 1998 Tuesday, September 8, 1998 Tuesday, October 13, 1998 Tuesday, November 10, 1998 Tuesday, December 8, 1998 Tuesday, January 12, 1999 Tuesday, February 9, 1999 Adopted this 24th day of February, 1998 by the Planning Commission of the City of Richfield, Minnesota. CITY OF RICHFIELD, MINNESOTA Chairperson ATTEST: Secretary 1997-98 Planning Commission Study Session Schedule Update on Airport Mitigation Strategy Discussion of Variance Process Discussion of Zoning Regulations for Accessory Buildings Discussion of Industrial Zoning along 1-494 Presentation on the results of the Community Survey Airport Mitigation Strategy DRAFT 2/17/98