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09-22-1998J PLANNING COMMISSION AGENDA September 22, 1998 7:00 p.m. Roll Call Approval of Minutes Regular Planning Commission meeting of August 25, 1998. Planning Commission study session of September 8, 1998. Public Hearing ITEM #1 98- CUP -10 811 East 66th Street Kham Lou, applicant Conditional use permit to allow a 48 -seat restaurant New Business ITEM # PC Letter #39 Annual review of the Zoning Ordinance ITEM # PC Letter #40 Discussion of creating a Planning Commission award to recognize new development Old Business Liaison Reports School Board Community Services Advisory Commission H RA City Council Adi ournment Planning Commission Minutes Regular Meeting August 25, 1998 0 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorklund, Pamela Dmytrenko, Roger Gordon, Mitchell Hadley, Bill Kilian and Ken Meter. MEMBERS ABSENT: COUNCIL LIAISON David Gepner 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 Linnihan at 7:02 p.m. APPROVAL OF MINUTES M/Kilian, S /Hadley to approve the minutes of the regular Planning Commission meeting of June 23, 1998. Motion carried: 8 -0 M/Dmytrenko, S/Bjorklund to approve the amended minutes of the Planning Commission study session of July- 14, 1998. r Motion carried: 8 -0 M/Gordon, S /Bjorklund to approve the minutes of the Planning Commission study session of August 11, 1998. Motion carried: 8 -0 August 25, 1998 Page 2 PUBLIC HEARINGS CASE 98- PUD -1; 710 Lake Shore Drive & 6724 Lyndale Avenue Gramercy Corporation ITEM #1 Planned unit development plan and rezoning of land from C -2 and R to PMR for construction of a 218 -unit senior housing cooperative and VFW club facility Community Development Manager John Melin requested that Items #1 and #2 be opened simultaneously due to the duplicative nature of the subject matter. Chairperson Linnihan opened Item #2, stating that the public hearings would be addressed concurrently, although the motions would be addressed separately. CASE 98- FDP -1; 710 Lake Shore Drive & 6724 Lyndale Avenue ITEM #2 CASE 98- CUP -9; Gramercy Corporation Final development plan and conditional use permit for construction of 218 -unit senior housing cooperative and VFW club facility Mr. Melin gave a brief history of the area south of 66th Street and west of Lyndale Avenue. He stated that several redevelopment proposals had been brought forward since 1975, although none of those proposals had moved beyond the conceptual stage. Mr. Melin further reviewed the current Gramercy Park proposal, including the Comprehensive Plan designation, relationship to adjacent land uses, comparison to original zoning district regulations and the right -of -way vacation along Lake Shore Drive. Mr. Melin further discussed the parking plan for the redevelopment proposal, the conveniences that will be included on the third floor of the cooperative and the addition that will house the VFW. In addition, he stated that fifteen trees would need to be removed from the Gramercy property, but would be replaced when construction was completed. He also reviewed access to all parking lots and the traffic circulation in and around the project. Responding to a questions from Commissioner Kilian, Mr. Melin stated that parking was not allowed on Lake Shore Drive, although overflow parking had been allowed in the Wood Lake Nature Center parking lot across from the VFW building in the past. Commissioner Kilian stated that he would like to see a crosswalk painted across Lake Shore Drive from the Nature Center parking lot to the Gramercy property. Mr. Melin further stated that a redevelopment project had not been brought forward for the residential properties between the Gramercy site and the Lake Shore Drive Condominiums. Mr. Melin added, however, that there was some discussion concerning redevelopment of the properties now occupied by Lyndale Hardware and the Trestman Music Store. August 25, 1998 Page 3 Responding to questions from the Commission, Mr. Melin stated that the project was being proposed as a Planned Unit Development (PUD) because of the mixed -use components of the site, as well as the single - ownership status of the project. He added that if other redevelopment projects were to occur elsewhere within the "southwest quadrant," separate PUD districts would be formed rather than combining those areas with the Gramercy district. Lou Stocco, representative of the Gramercy Corporation, responded to a question from Commissioner Meter stating that the third floor convenience stores would not be open to the public. Commissioner Meter questioned whether or not the project could be subsidized with tax increment financing if businesses that would not be open to the public would benefit from the subsidies. Mr. Melin responded that the housing component of the project was being subsidized rather than the businesses located on the premises. Commissioner Meter stated that the location of the businesses was questionable and continued by questioning the cost of street relocation. Mr. Melin responded that neither Lake Shore Drive nor Lyndale Avenue would be relocated. Responding to a question from Commissioner Bjorklund, Mike Conlan, President of Gramercy Corporation, stated that residents in the senior housing cooperative have requested secured parking and would park in the enclosed parking ramp rather than across the street in the Nature Center's parking lot. He stated that it may be possible that overflow parking from the VFW or guests of the senior housing would park across the street if the space is needed. Mr. Conlan continued by responding to earlier concerns regarding the businesses located within the housing development. He stated that in other senior cooperative house developments, the convenience stores are owned and operated by the residents of the building. Mr. Conlan responded to questions from Commissioner Dmytrenko, stating that the building would have a full time staff consisting of security officers, administration and health care providers. He added that general cleaning and lawn care services would be contracted out. Mr. Conlan further stated that there would not be a direct access to the VFW facility from the northern parking lot, although a sidewalk would be provided that would lead around to the front of the building. In response to questions from Commissioner Kilian, Mr. Melin stated that the properties located to the west of the Gramercy site were zoned R, adding that it would be difficult to locate another facility of the size of the Gramercy project within that area. He further stated that a smaller scale housing development such as townhomes would be more appropriate considering the parcel sizes. Responding to Commissioner Ahlstrom, Mr. Conlan stated that the VFW would lease for 15 years with the option of renewing for an additional five years. He further stated that all utilities would be the responsibility of the VFW and that a restaurant would probably occupy the VFW facility if the lease wasn't renewed. Commissioner Meter questioned whether or not the lower income residents would be subsidizing the higher income residents based upon his calculations of cost per square foot for August 25, 1998 Page 4 each unit. Mr. Conlan responded by stating that as the size of the unit increases, the cost to construct that unit decreases. He further stated that the individuals who have purchased a unit will get to choose which unit they wish to live in based upon a first -come, first- served system. Jean Davis - Danielson, 6639 Lake Shore Drive, stated that she is opposed to the construction of a 16 -story high rise next to her property. She further stated that she is against rezoning the property to PMR because she felt that the developer was circumventing setbacks that would otherwise be in effect. Chairperson Linnihan questioned how much the setbacks would deviate from the 12 foot proposed setback if the property wasn't rezoned to PMR. Mr. Melin stated that if the property was zoned for a commercial use, the setback would be 3 feet, adding that the setback would be equal to the height of the building for a multi - family use. Dave Danielson, 6639 Lake Shore Drive, stated that he didn't appreciate that big business is driving development. He further stated that the existing residents in any redevelopment area should have more input in the planning process. Larry Wozniczka, 6744 Wentworth Avenue, stated that the spacing for the project was too tight and that the lot coverage was excessive. Mr. Wozniczka stated that he would like to see a stipulation proposed that would require either the City, HRA or the developer to purchase the residential properties to the west of the project before construction began. Additionally, he presented a visual concept detailing the closure of Lake Shore Drive and continuing 67th Street along Graham Avenue. Commissioner Bjorklund questioned whether or not other commercial uses could occupy the site if the project didn't occur based upon the C -2 and R zoning of the parcels. Mr. Melin stated that other uses could occupy the site. M /Hadley, S/Kilian to close the public hearing. Motion carried: 8 -0 Commissioner Kilian stated that virtually nothing other than this proposal could go on the site due to the limited amount of space. He recommended adding a stipulation asking that the developer and the City explore working with the owners of the single family homes to purchase the homes at this time. Ms. Urban suggested that it wouldn't be appropriate to tie the stipulation to the rezoning because the rezoning wouldn't revert if the stipulation isn't met. Commissioner Kilian responded by stating that it was a suggestion that conversations occur rather than a requirement for the property to be purchased. Chairperson Linnihan stated that he was sympathetic with Mr. and Mrs. Danielson, but added that the City is faced with diminishing borders and that increased density in housing was necessary. August 25, 1998 Page 5 Commissioner Meter stated that he was opposed to the development proposal. He added that he likes senior housing developments, but that there had not been enough planning for the proposal. He further stated that there was not enough public return for the $3 million invested in the project and that he feels that the commercial spaces should be open to the public. M /Kilian, S /Dmytrenko to recommend approval of the request for a planned unit development plan and rezoning to planned multiple residence at 710 Lake Shore Drive and 6724 Lyndale Avenue with the following stipulations: 1. that the rezoning not be effective until Gramercy Corporation obtains title to both properties, and 2. that the HRA evaluate the purchase and acquisition of the residential properties to the west of the project and work with the property owners regarding the matter. Motion carried: 7 -1 (Meter opposed) MBjorklund, S/Kilian to recommend the request for a final development plan and conditional use permit at 710 Lake Shore Drive and 6724 Lyndale Avenue with the following stipulations: 1. that a planned unit development plan and rezoning to PMR be approved by the City Council, 2. that a final landscape plan, including tree replacement both on and off site, be approved by the Community Development Director and a cash escrow be submitted for the cost of the landscaping; 3. that a stormwater management plan be approved by the Public Works Director, 4. that a sediment and erosion control plan be approved by the Public Works Director; 5. that appropriate measures be taken to ensure that cooking odors from the VFW will not negatively impact future cooperative residents or other surrounding properties; and 6. that the property be replatted. Motion carried: 7 -1 (Meter opposed) CASE 98- CUP -10; 6401 Lyndale Avenue ITEM #3 VFW Post 5555 Conditional use permit for temporary use of facility for VFW club Zoning Administrator Julie Urban reviewed the staff report, stating that the VFW is proposing to temporarily relocate its club facility to the former Pizza Hut space at 6401 Lyndale August 25, 1998 Page 6 Avenue. She further stated that because a new facility will not be ready until approximately one year from the start of construction in November, 1998, they are seeking a conditional use permit for the temporary location for a maximum of 18 months. Ms. Urban reviewed the operations of the facility including the kitchen, gambling and liquor operations. She further reviewed the parking spaces available in the shopping center where the facility would be located. Ms. Urban added that she had been contacted by several neighbors of the property who expressed concerns with the parking situation and traffic traveling through the neighborhood. Responding to Commissioner Ahlstrom's questions regarding a "No Right Turn" sign located on 64th Street, Ms. Urban stated that the private sign is not enforceable by the Public Safety Department. It was placed there as a result of earlier neighborhood concerns regarding traffic. Mike Conlan, President of Gramercy Corporation, responded to a question from Chairperson Linnihan, stating that the VFW would be built immediately after the foundation and lower level parking ramp was constructed. Responding to Commissioner Dmytrenko, Dick Hawkinson, 7513 Bryant Avenue and a representative from the VFW, stated that the flow of customers at the facility are steady throughout the day. He further stated that there would be no banquets or festivals held at the temporary facility. Lou Stocco, representative of Gramercy Corporation, stated that the kitchen would not provide a full menu as the current VFW does. Commissioner Bjorklund added that the fire code would limit the number of patrons in the building. Mark Pedersen, 500 West 64th Street, stated that he had accepted the proposed location of the VFW facility until he learned that a liquor license would be allowed at the site. He stated that due to the limited size of the kitchen and the amount of liquor served, the facility would operate as a bar instead of a restaurant. Responding to a question from Commissioner Kilian, Mr. Pedersen stated that he was worried that the customers of the facility would exit onto eastbound 64th Street and cut through the neighborhood to access 65th Street. Chairperson Linnihan questioned the feasibility of placing cones or barricades at the entrance in order to control traffic. Mr. Pedersen stated that he would have to think about the proposal in order to give his opinion. Mr. Hawkinson stated that the members of the VFW who violate the "No Right Turn" sign could be punished in some way. Chairperson Linnihan suggested that the traffic issues were a larger problem and should be dealt with through traffic calming. Commissioner Ahlstrom stated that the traffic calming feature placed in his neighborhood was suggested by the Transportation Engineer and was not a sudden decision by the Planning Commission. He expressed reservations about proposing a calming feature at this location without input from the City Transportation Engineer. August 25, 1998 Page 7 Ms. Urban stated that traffic counts that had been conducted in the past showed that there were no abnormal traffic numbers at this location. Bill Watson, 6329 Harriet, stated that he challenged the traffic study. He stated that the 6400 block of Harriet Avenue has been used as a parking area for the employees of the Lyndale Garden Center and that the "No Right Turn" sign was virtually ignored by individuals exiting the parking lot onto 64th Street. Mr. Watson added that he was concerned that the liquor license granted to the VFW at this location would be allowed to remain for another occupant. Kevin Anderson, 6335 Harriet Avenue, stated that snow storage in the parking lot would eliminate some of the parking spaces. He added that the parking spaces used most are those located nearest to the proposed VFW site. Mr. Anderson further stated that he had concerns with traffic exiting onto Lyndale Avenue from 64th Street. Mr. Stocco stated that most of the other businesses in the shopping center close at 5:00 p.m., therefore many of the parking spaces would be empty after that time. Ms. Urban presented the parking studies conducted by City staff for the parking lot. Commissioner Bjorklund stated that the parking issues with the Lyndale Garden Center are separate from the proposal before the Commission. She further stated that "No Parking" signs along Harriet Avenue may eliminate the problem. Commissioner Dmytrenko suggested that "VFW Parking Only" signs be located within the shopping center's parking lot. Mr. Watson questioned the reasons for eliminating the Color Tile building or the Embers restaurant on Penn Avenue from consideration as the temporary VFW location. Mr. Stocco stated that the Color Tile building doesn't have a kitchen and that the parking lot only has twelve spaces. A representative of the VFW stated that the Embers restaurant wouldn't work because the only bathroom in the building is downstairs. Mr. Anderson questioned the adequacy of the bathrooms in the proposed location. Ms. Urban stated that the Building Official had reviewed the site and found that it was to code. Mr. Conlan stated that if the VFW doesn't occupy the proposed location, the owner of the property would actively market the building for other uses. He added that some other use that was less desirable could occupy the building. M/Hadley, S /Bjorklund to close the public hearing. Motion carried: 8 -0 Commissioner Gordon stated that the VFW makes great contributions to the community and that he would like to see that the service club remains open during the construction period. He further stated that as a member of the VFW, he would have to abstain from voting on the issue. August 25, 1998 Page 8 Chairperson Linnihan stated that the issues dealing with traffic would be the same for any use of the building. He further stated that this would be a temporary situation and that other issues brought to light were separate from the proposal. Commissioner Bjorklund stated that the liquor license would be temporary and not precedent- setting. She further stated that all interested parties should meet to discuss the issues raised during the meeting. Commissioner Kilian agreed with Chairperson Linnihan, stating that the street - parking issues brought forth during the public hearing were separate from the VFW proposal. Commissioner Ahlstrom stated that he would like to see a compromise reached between all interested parties and added that the combination of traffic problems and liquor was the issue. Commissioner Hadley stated that he didn't feel he had enough information to cast a vote for recommending the proposal. Discussion ensued regarding the timeline for approval or denial. It was determined that because of the restrictive timeframe, the decision would have to be made during the meeting. M/Kilian, S /Dmytrenko to recommend approval of the conditional use permit at 6401 Lyndale Avenue with the following stipulations: 1. that the conditional use permit expire on February 14, 2000 or at such time that the VFW relocates to a different facility, whichever is sooner; 2. that the "No Right Turn" sign located near the north parking lot access be maintained; 3. that the number of handicapped parking stalls meet the requirement of four spaces for a parking lot with 97 stalls; and 4. that a study be conducted regarding traffic calming in the affected neighborhood. Motion carried: 5 -2 -1 ( Bjorklund and Hadley opposed. Gordon abstained) NEW BUSINESS PC Letter #37 ITEM #4 Resolution finding that the purchase and sale of property at 76th Street and Penn Avenue is consistent with the Comprehensive Plan August 25, 1998 Page 9 Zoning Administrator Julie Urban reviewed the staff report, giving a brief history of the parcel of land located on the northeast corner of the 76th Street and Penn Avenue intersection. She stated that HRA staff members have been working with several apartment owners in the block to facilitate building updates and coordination of the parking areas. The HRA proposes to obtain ownership of the County -owned residual parcel and sell it to the original owner. The parcel would be used for joint parking and landscaping to serve the apartment buildings in the block as well as the proposed new building. Ms. Urban continued, stating that the parcel is classified as single family residential in the Comprehensive Plan despite the current multiple family land use and suggested that this was an oversight in the Plan because it is contrary to every other Plan proposal for land next to major streets. She added that it would be appropriate for the Commission to direct staff to correct the Plan graphics in relation to this area and change the classification from single family residential to medium density multiple family residential. Responding to questions from the Commission, Ms. Urban stated that options other than parking were being explored by the HRA. She further stated that most of the apartments are already furnished and that, generally, the occupants are business travelers who are in the City for a short stay. She added that the grant money was part of the Livable Communities funding. Commissioner Meter stated that he would like to see the property remain as green space and that he would not like to see a parking lot placed in that location. M/Kilian, S/Dmytrenko to adopt the attached resolution finding that the proposed acquisition/disposition and use of the subject property is in conformance with the Comprehensive Plan with the stipulation that the Comprehensive Plan graphics be changed to show the subject parcel as Medium Density Multiple Housing as is consistent with the Plan goals. Motion carried: 7 -1 (Meter opposed) OLD BUSINESS ITEM #5 PASSS Update Community Development Manager John Melin discussed the PASSS area, stating that staff has met with Ryan Companies and the mediation center. He further stated that detail will be brought to the Planning Commission during the September 8, 1998 study session. He added that the process timeline is still intact. August 25, 1998 Page 10 LIAISON REPORTS School Board: Commissioner Dmytrenko stated that a delegation of residents spoke to the School Board regarding the ballfield replacement plan at Donaldson Park. Community Services Advisory Commission: Commissioner Ahlstrom stated that Carol Strobel was the newest member of the Commission and that the ballfield replacement plan and playground fees were discussed. HRA: Chairperson Linnihan stated that CSM presented several new proposals for 76th Street and Lyndale Avenue corridor. He added that the HRA Commissioners requested that staff work with other developers to formulate new proposals. City Council: Mayor Kirsch stated that the City Council discussed an off - street parking permit for Holy Angels and St. Peter's Catholic Church, ordered a feasibility study for a multi- purpose facility, approved an ordinance amendment for rezoning properties along I -494, held a public hearing regarding the addition of a second sheet of ice at the Richfield Ice Arena and held a public hearing regarding a kennel license. Mayor Kirsch further stated that letters had been sent to members of Congress. requesting that the Congressmen introduce legislation requiring low- frequency noise to be mitigated. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:55 p.m. Mitchell Hadley Planning Commission Secretary Planning Commission Minutes Study Session September 8, 1998 0 MEMBERS PRESENT: Chairperson - Daniel Linnihan; Commissioners: Terry Ahlstrom, Brenda Bjorklund, David Gepner, Roger Gordon, Mitchell Hadley, and Bill Kilian. MEMBERS ABSENT: Pamela Dmytrenko and Ken Meter COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: John Melin, Community Development Manager Julie Urban, Zoning Administrator Perry Thorvig, Community Development Specialist Brian S. Mehl, Community Development Technician The Planning Commission meeting was called to order by Chairperson Linnihan at 7:00 p.m. Study Session Items PC Letter #38 ITEM #1 PASSS Redevelopment Plan Community Development Specialist Perry Thorvig reviewed the PASSS Redevelopment Plan, stating that several display boards had been created for presentation to the public at informational meetings. He stated that the boards were designed to inform as well as to get feedback on the nature of the problems in the area. Mr. Thorvig continued by displaying the boards that outlined the PASSS area and the Comprehensive Plan designations for the properties. He further explained the Richfield Comprehensive Plan and reviewed the 1989 Redevelopment Goals and Objectives for the PASSS area. Responding to a question from Commissioner Kilian, Mr. Thorvig stated that the City has not ventured away from the goals and objectives set forth in the 1989 redevelopment study. Ms. Urban stated that if there was concern that the goals were outdated, then the public could be asked to respond to the goals and update them. September 8, 1998 Page 2 Commissioner Ahlstrom suggested that language may need to be changed on the display boards. Commissioner Hadley added that the public should be questioned about those items they like in the PASSS area. Mr. Thorvig stated that a questionnaire had been prepared in which that would be accomplished. Aimee Gourlay, the representative from the Mediation Center, presented a handout to the Commission that detailed the open house and process overview, requested volunteers to facilitate the discussions and surveyed the public about issues pertaining to the PASSS area redevelopment. Mr. Thorvig reviewed the display boards that outlined problems in the area, the timeline for redevelopment and PASSS area advantages and opportunities. Responding to questions from the Commission, Mr. Thorvig reviewed several options that could be followed if business owners did not want to participate in redevelopment. He further stated that many of the businesses and owners in the area knew about the study because of articles in the Sun - Current and "Your Business" newsletters. Commissioner Kilian stated that he would like to see an additional point made that a strategy will be developed before any action would take place. He further suggested that the display boards could be arranged in a different order. Responding to a question from Commissioner Kilian, Ms. Urban stated that the height restriction in the C -2 district is 40 feet. She further stated, however, that if redevelopment were to occur, the area may become a planned unit development, in which case the height restriction could change. Mr. Thorvig reviewed the potential new uses of the PASSS area. Discussion ensued regarding the types of uses that could occupy the area, including those uses that would be located in "flex buildings." Commissioner Bjorklund suggested that it be stressed that this is an opportunity being presented to business owners and residents in the area rather than a redevelopment project that is being forced upon the area. Commissioner Kilian stated that photos of existing conditions may be appropriate in addition to the display boards presented to the Commission. Discussion ensued regarding the stakeholders that would be invited to the informational open house and how many meetings to hold. Chairperson Linnihan suggested that three separate meetings be held, each one targeting the audiences of business owners, affected residents and neighbors of the PASSS area not directly affected by redevelopment. A letter was presented in which Commissioner Meter's concerns were outlined. September 8, 1998 Page 3 ADJOURNMENT The meeting was adjourned by unanimous consent at 8:30 p.m. Mitchell Hadley Planning Commission Secretary CITI' OF Planning Commission Letter RICHFIELD September 1998 Agenda Section: Public Hearing Item #: 1 Case #: 98- CUP -10 GENERAL INFORMATION Type of Request: Conditional use permit to allow use of property for a 48 -seat restaurant Applicant /Owner: Kham Lou Location: 811 East 66th Street Zoning: C -2 (general commercial) Existing Land Use: Commercial (retail) Proposed Land Use: Commercial Comp. Plan: RSFH (high density single family residential) References: (see attached Citations section for excerpts) Zoning ode_: 546.05, Subds. 4 and 6; 526.27, subd. 7 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 12, 1998. ANALYSIS Proposal: The applicant is proposing to open a Thai restaurant in the former Richfield Floral & Nursery location at 811 East 66th Street. A restaurant with 48 seats would occupy the 1,963 square foot space. The proposed hours of operation are Monday- Saturday from 11 a.m. to 9 p.m. and Sunday from 11 a.m. to 8 p.m. The property is zoned C -2 (general commercial), however, the change in use to a restaurant requires a conditional use permit. 1 History: Richfield Floral constructed a new building at 817 East 66th Street. The parking lot for 811 East 66th Street was rebuilt and combined with the lot for the new building. Richfield Floral moved its business to the new location. The B &D convenience store remains in the old building. The space that was formerly occupied by Richfield Floral is currently vacant. Issues: Parking: City parking standards require one parking space for every 2.5 seats in a restaurant. There is a total of 46 parking spaces between the two buildings in this commercial area. If the restaurant space were occupied by a retail use, eight parking spaces would be required. The proposed 48 -seat restaurant requires 19 parking spaces. There are 24 parking spaces in this half of the development. The convenience store space, based on the parking requirement for a retail use of four spaces for every 1,000 square feet, requires 1 I parking spaces leaving 13 spaces for the restaurant. The remaining six spaces would be accommodated through shared parking with the convenience store and floral store. Performance Standards: A dumpster enclosure will be required for the proposed restaurant use. The enclosure will have to be built to meet the standards of the Health Department. Other performance standards such as landscaping, lighting and stormwater management were addressed through recent improvements made to the entire site for the new building at 817 East 66th Street. An Off - Street Parking permit was approved by the City Council in June, 1997 for these improvements. Truck Deliveries: An issue related to the number trucks that currently use Chicago Avenue, to the east of the subject property, was recently brought to stall's attention. Apparently the area is used by trucks making deliveries and trucks related to the blacktopping business (located to the south of the subject property), and the combination of all the trucks causes street congestion. Information on the extent of the problem was not available at the time this staff report was printed. Staff will do additional research and report to the Planning Commission at the hearing. ACTION TO BE TAKEN Recommendation: Recommend that the City Council approve the request for a conditional use permit for a 48 -seat restaurant at 811 East 66th Street with the following stipulations: 1. That plans for constructing a trash enclosure be submitted and approved by the Community Development Director and Health Inspector. 2. That a resolution approving the conditional use permit be recorded on the property title. W Basis: 1. The proposed restaurant makes use of the vacant retail space in this commercial area. 2. The proposed restaurant is an appropriate neighborhood/community commercial use for the area. 3. Through shared parking, the proposed restaurant meets City parking standards. 4. The property meets City performance standards relating to the parking lot construction, landscaping, lighting and stormwater management. 5. The Comprehensive Plan designation for the parcel is High Density Single Family Residential; however, the parcel has been used as a commercial use for many years. It is appropriate to allow continued use of the property for commercial use. Alternative: Recommend that the City Council deny the request for a conditional use permit at 811 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. Alternative: Recommend that the City Council deny the request for a conditional use permit at 811 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. Basis: 1. The proposed restaurant makes use of the vacant retail space in this commercial area. 2. The proposed restaurant is an appropriate neighborhood /community commercial use for the area. 3. Through shared parking, the proposed restaurant meets City parking standards. 4. The property meets City performance standards relating to the parking lot construction, landscaping, lighting and stormwater management. 5. The Comprehensive Plan designation for the parcel is High Density Single Family Residential; however, the parcel has been used as a commercial use for many years. It is appropriate to allow continued use of the property for commercial use. Alternative: Recommend that the City Council deny the request for a conditional use permit at 811 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 f SECTION 526 - ZONING: COMM4EROAL DISTRICTS 526.27. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the C -2 District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 7. Class I (full service) restaurants and Class II (traditional /cafeteria) restaurants, provided the following conditions are met: a) a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of such use from abutting residential parcels -- the Council may reduce this requirement to not less than 15 feet if significant additional landscaping and berming are provided to screen the restaurant use; and b) alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. SECTION 546 - ZONING: ADMINISTRATION 546.05. Conditional use permits. Subdivision 1. Permit required. 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) theKp:oposed 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 I~ g) the proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. MEMEMME.- : 7 66TH STREET EAST (Co. RD, No. 53) ousc ry1.sz 0 C C) SITE SUMMARY GROSS LOT AREA: 25,829 S.F. GROSS BLDG AREA: 4,000 S.F. PERCENT OF BLDG COVERAGE: 15.5% NET LOT AREA: 21.829 S.F. LANDSCAPED AREA: 4,950 S.F. LANDSCAPED AREA AS 258.14 T, 27% PARKING STALLS REQ'D: 7 SITE PLAN PARKING STALLS PROVIDED: 22 c+ k q4 e-,;: ro0)7 F MT1 k12 1_2 i S'R 5R 15-R C e, C. 3'Ri i 5'RIo's Z7 LLJ 3z I wl PPPPG 11 c-- 243 POLE M 10 CZ',S -R!-E SIC ool 1L.0ROELIK"!27.5 Yo F.-E 0 2Sd3 0 0 I 5'R SDIS 1000 'EICE x ousc ry1.sz SITE SUMMARY GROSS LOT AREA: 25,829 S.F. GROSS BLDG AREA: 4,000 S.F. PERCENT OF BLDG COVERAGE: 15.5% NET LOT AREA: 21.829 S.F. LANDSCAPED AREA: 4,950 S.F. LANDSCAPED AREA AS Z OF GROSS LOT AREA: 27% PARKING STALLS REQ'D: 20 SITE PLAN PARKING STALLS PROVIDED: 22 c+ k q4 e-,;: 98 THU 12:48 FAX 612 454 7969 VOGUE HOMES INC. 11 00 Q r V z Q U M Planning Commission Letter September 22, 1998 Agenda Section: New Business Item #: 2 Letter #: 39 GENERAL INFORMATION Type of Request: Annual review of the Zoning Ordinance. ANALYSIS Proposal: The Planning Commission reviews the Zoning Ordinance on an annual basis. Staff have identified several items that may warrant making changes to the Zoning Ordinance. The following items should be reviewed for potential changes: Section 546.09, subd. 11 requires that variances be recorded on a property title. Subd. 11. Recording of variance. Upon completion of the project requiring the variance, a certified copy of the variance shall be filed by the applicant with the Hennepin County Recorder if the variance applies to abstract property. The variance shall contain the legal description of the property affected. To stars knowledge, variances have never been recorded. State statute requires that conditional use permits be recorded on the property title, but it does not require variances to be recorded. It is unclear as to why this provision was added to the ordinance. Recording something on a property title has proven difficult to enforce in the past and adds an extra bureaucratic step to the variance process. It may be appropriate to remove this language from the ordinance. In the past, the City has had problems with icing on the streets from car washes. In 1995, provision 526.27, subd. 15 (d) was added requiring a distance of 40 feet from the exit door of the car wash and the street right - of -way. d) the driveway between the exit door of the car wash and the street right - of -way shall be at least 40 feet in length; Historically, the car wash at 12th Avenue and 78th Street has created the most problems regarding ice in the street. In that case, the exit door is 26 feet from the property line. In 1997, a car wash was added onto the Amoco station at 66th Street and Penn Avenue. The exit door is 43 feet from the property line. Based on problems with icing that occurred last year, it appears that this distance is not enough. There is an additional requirement that the car wash and site be designed to prevent icing and muddying of public streets, however, this condition is somewhat subjective and it would be helpful to staff to have an increased distance requirement. The City requires curb cut permits for new residential driveway curb cuts. Staff have had some problems with residents putting in new curb cuts but not filling in the old, abandoned curb cuts. It might be helpful to make it clearer in the driveway ordinance that abandoned curb cuts need to be filled in with curb and gutter to match the street. This would be a new provision added to the driveway regulations found in the R, R -1 and MR -1 district regulations. The City's fence ordinance requires a spacing between posts of no greater than eight feet. The industry standard spacing for chain link fences is, however, 10 feet. It would be appropriate to require an eight foot maximum spacing for wooden fences but to allow 10 feet for chain link fences. Section 511.23, subd. 8 would be revised to differentiate between fence requirements for wooden and chain link fences. The Commission may want to consider establishing standards for fencing related to recreational facilities. Historically, City ordinance requirements have not always existed for or been applied to facilities such as parks and schools. While the flexibility for these types of uses can be helpful (i.e. it's not easy to predict and write an ordinance for every type of circumstance that may come up for unique uses such as schools and parks), it can make it difficult to maintain consistent standards. The City's fence requirements generally establish a six foot maximum height in residential districts and an eight foot height in commercial districts. The requirements allow for a taller fence for tennis courts but do not recognize the need for taller fences related to other recreational activities. The recent ballfield replacement planning (to occur on both park and school grounds) has shown that there may be a need for written standards. ACTION TO BE TAKEN Recommendation: Review the Zoning Ordinance and provide direction to staff regarding possible changes. Basis: 1. The Planning Commission has requested that the Zoning Ordinance be reviewed on an annual basis. 3 magAl Planning Commission Letter September 22, 1998 Agenda Section: New Business Item #: 3 Letter #: 40 GENERAL INFORMATION Type of Request: Discussion of creating a Planning Commission award to recognize quality new development. ANALYSIS Proposal: The Commission expressed interest in developing an annual Planning Commission award to be given to one or more new developments in the City in order to recognize the owner(s) for his or her efforts. Attachment A lays out a possible process and criteria for a Planning Commission award based on comments made by Commissioners at the Planning Commission study session. ACTION TO BE TAKEN Recommendation: Discuss the process and criteria for setting up an annual Planning Commission development award. Basis: 1. At the September 8, 1998 study session, the Planning Commission expressed interest in developing an annual award for new development. Alternative: Decide not to develop an annual Planning Commission award. 3,1 Planning Commission Recognition Award Title ? Purpose Provide an opportunity for the Planning Commission to recognize new, quality development in Richfield Criteria Good or unique building design Good or unique site design Helped the City to achieve a specific Comprehensive Plan or redevelopment goal, complied with a City redevelopment goal Went the "extra mile" The development occurred on its own, without HRA assistance (for your information, this would eliminate Richfield Floral and the Minnesota Valley School of Music, both of which received a land write -down from the HRA) Achieved a specific planning goal (e.g. pedestrian access, quality landscaping, reduced access points) Establish a size limit? Others? Process Establish a "formal" process to be followed every year? (some standardization would be helpful for staff) Establish a deadline for project completion? e.g. to be eligible for a 1998 award, the development must have been completed between October 1, 1997 and September 30, 1998 you may want to be flexible with this for the first year to recognize one of the developments that occurred in 1997) PC members to submit nominations? accept outside nominations? staff to provide list of eligible" developments and PC evaluate all of them? Fill out evaluations on each nomination, vote on award? How much information do you want to know from staff? (e.g. amount of HRA assistance, any compliance problems) Limit number of awards? (e.g. is this a "special" award given to a limited number or more of a broad recognition for everyone who meets the criteria ?) Formal /informal presentation of the award? at a PC meeting? at the site? Format /design of the award? certificate? The winners could be published in Your City, in which case there are deadlines for submission e.g. submissions to the January Your City are due at the beginning of December) Potential timeline (might move it up a month in 1999 to avoid weather issues when visiting the sites): nominations due to staff by regular PC meeting in October, staff sends out nomination 3-'127 list to PC and evaluation forms, PC review of nominations due by November study session, award recipients notified, award presentation at regular November meeting Potential Nominees for 1998 1997 developments Richfield Transmission The Transmission Shop Tires Plus (Southdale Square) 1998 developments Richfield Floral & Nursery Minnesota Valley School of Music Bernie's Montessori and Day care (may be completed by October 1) Penn Auto Care (probably won't be completed by October 1)