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08-24-1999PLANNING COMMISSION AGENDA August 24, 1999 7:00 p.m. Roll Call Approval of Minutes Obli , C1gq i/ Planning Commission study session meeting of July 13, 1999. Public Hearing ITEM #1 99 -PUD -1 Planned unit development plan and rezoning to allow construction of a mixed land use development of retail, office, multi - family and townhomes ITEM #2 99 -FDP -1 Final development plan and conditional use permit for 99 -CUP -4 the senior housing and office component (Phase 1) of the Lyndale Gateway Development ITEM #3 PC Letter #25 Rezone properties to a zoning classification that is consistent with the Comprehensive Plan New Business Old Business ITEM #4 PC Letter #26 Consideration of draft ordinance amendment relating to restaurants that serve alcohol Liaison Reports School Board Community Services Advisory Commission HRA City Council Adjournment Auxiliary aid for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Service's Director at 861-9702". Planning Commission Minutes Regular Meeting June 22, 1999 MEMBERS PRESENT: Chairperson Brenda Bjorklund; Commissioners: Terry Ahlstrom, Pamela Dmytrenko, David Gepner, Bill Kilian, Daniel Linnihan, Ken Meter and Mark Tolvstad. MEMBERS ABSENT COUNCIL LIAISON: Roger Gordon Martin Kirsch, Mayor STAFF PRESENT: John Stark, Community Development Manager Julie Urban, Planning & Zoning Administrator Mark Andrle, Community Development Technician The Planning Commission meeting was called to order by Chairperson Bjorklund at 7:00 p.m. APPROVAL OF MINUTES M/ Kilian, S/ Bjorklund to approve the minutes of the regular Planning Commission meeting of May 25, 1999. Motion carried: 7 -0 PUBLIC HEARINGS None. NEW BUSINESS PC Letter #21 ITEM #1 Lyndale Gateway Project, Update by CSM Properties, Inc. June 22, 1999 Page 2 Murray Kornberg, Vice President of CSM Properties, gave a brief outline of the project which includes a drug store and retail businesses on the west side of Lyndale Avenue. The plans for the east side of Lyndale Ave. include townhomes, senior housing and office space. Ron Clark, President of Ron Clark Construction, stated that his company will construct the townhomes and he reviewed other projects they are doing similar to the proposed townhomes at Lyndale Gateway. Commissioner Meter asked what will be the distinctive aspect of these townhomes so that people know that this is the gateway to Richfield. Mr. Clark stated that the exterior of the townhomes will be unique. Gary Tushie of Tushie Montgomery added that the townhomes will have view corridors into the commercial side, they are smaller buildings and will be made of the same materials as the commercial buildings. Commissioners Kilian and Meter asked if there would be sufficient green space and permeable soil in the redevelopment. Mr. Tushie stated that the townhomes are dense and will be very urban, but he added that the City has used regional ponding techniques to address runoff. Mr. Tushie then reviewed the design elements of the Lyndale Gateway project. Mr. Tushie and Mr. Kornberg addressed several of the Commission's questions stating that the drug store will have a design similar to the rest of the redevelopment and traditional streetlights will be used. In addition, a small commons area will be available for the senior housing tenants including a large balcony, crosswalks will be easier to use and the retail tenants on the south end will be small neighborhood businesses. Commissioner Linnihan asked if CSM has a back up plan if neighborhood retail businesses can't be located in the project. Mr. Kornberg stated that he has received a lot of interest from small businesses wishing to locate in the Lyndale Gateway and filling the space should not be a problem. Commissioner Meter asked if any of the businesses located in the area now would relocate in the new space after the construction. Mr. Kornberg stated that, while CSM would be interested in accommodating existing businesses, it would be unlikely it would be difficult to do because a business would have to close down during construction or would have to do a double move in order to come back. PC Letter # 22 ITEM #2 Review Proposed Rezoning Schedule Julie Urban, Planning & Zoning Administrator, reviewed the proposed rezoning schedule stating that there are 32 parcels that are not consistent with the Comprehensive Plan and will should be rezoned. June 22, 1999 Page 3 The Commission agreed with the list of properties to be rezoned and the schedule to hold hearings July and September. PC Letter # 23 ITEM #3 Discuss Land Use Issues Relating to Liquor Licenses Ms. Urban reviewed the issues regarding the possibility of the number of liquor licenses being increased to accommodate increased requests due to the redevelopment projects. Ms. Urban stated that the Commission might want to recommend regulations limiting where a restaurant can be located if it serves alcohol. Commissioner Linnihan asked if existing restaurants would be grandfathered in if they don't meet the new regulations. Ms. Urban stated that is something that will need to be looked at because a license is renewed annually. The Commission agreed that the number of liquor licenses should be increase but they would like to get more information about regulations in other communities. PC Letter # 24 ITEM #4 Review Information Relating to Check Cashing Businesses Ms. Urban reviewed some of the issues and regulations for check cashing businesses and asked for feedback from the Commission. Commissioner Meter stated that many people see a check cashing business as a sign of blight, but they do create some pressure for banks to offer their customers better services. The Commission indicated that they would like to explore possible regulations for check cashing businesses but would like to know what the limitations are to restrict such businesses. LIAISON REPORTS School Board: Commissioner Dmytrenko reported that at the last meeting the Board discussed donations to the school district, they adopted their budget, and discussed open enrollment. June 22, 1999 Page 4 Community Services Advisory Commission: Commissioner Ahlstrom reported that the Commission discussed moving the community garden and there was an appointment to the Fowl Board. HRA: Commissioner Gepner reported that the HRA discussed the Interchange West project with CSM. Discussion followed regarding the status of the project and its impact on residents. CSM was granted an extension for the Lyndale Gateway project, and the HRA discussed a proposed impound lot for 72nd and Cedar Avenue. City Council: Mayor Kirsch reported that the City Council met the Miss Richfield candidates, presented a plaque to Senator Johnson for his work on airport issues, had the first reading of the amended building code and discussed the bond issue regarding Holy Angles. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:15 p.m. Terry Ahlstrom Planning Commission Secretary Planning Commission Minutes Study Session July 13, 1999 MEMBERS PRESENT: Daniel Linnihan, Pamela Dmytrenko, David Gepner, Ken Meter, Mark Tolvstad and Bill Kilian. MEMBERS ABSENT: Brenda Bjorklund, Terry Ahlstrom, Roger Gordon STAFF PRESENT: Julie Urban, Zoning Administrator John Stark, Community Development Manager Tom Foley, Transportation Engineer Pat Mylan, Engineering Technician The Planning Commission toured the east portion of the City on bicycles. The following sites were visited: Construction site of second sheet of ice Proposed location of the multi - purpose recreational center Bike path in Veterans Park Taft Park Proposed 66th Street/TH 77 interchange Former New Ford Town neighborhood Former ballfields in New Ford Town Washington Park 76th Street and Chicago Avenue The Commission discussed the projects proposed and underway. Tom Foley, Transportation Engineer, explained the status of several transportation projects and how bicycle traffic might be accommodated. ADJOURNMENT The meeting was adjourned by unanimous consent at 9:20 p.m. Planning Commission Secretary Planning Commission Letter August 24, 1999 Agenda Section: Public Hearing Item #: 1 Case #: 99 -PUD -1 GENERAL INFORMATION Type of Request: Planned Unit Development Plan and rezoning to allow construction of a mixed land use development of retail, office, multi - family and townhomes. Applicant /Owner: CSM Corporation, Twin City Christian Homes, Ron Clark Construction Location: 76th to 77th Streets and Aldrich to Garfield Avenue, including half a block east of Garfield Zoning: R (single family residential), C -1 (neighborhood commercial), C -2 general commercial) Existing Land Use: Single family residential and commercial Proposed Land Use: Commercial (retail and office), multi - family residential and high density, single family attached residential Comp. Plan: Community Commercial /Office References: (see attached Citations section for excerpts) Zoning: 546.05, Subds. 4 and 6 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 September 13, 1999. ANALYSIS Proposal: CSM Corporation is proposing to construct a mixed use development in the 7600 block of Lyndale Avenue. The development area would range from 76th to 77th Street and Aldrich Avenue to one -half block east of Garfield Avenue. Phase I: The east side of Lyndale Avenue would include a four -story building with 160 units of senior rental housing and 38,000 square feet of office area. One hundred thirty -one underground parking spaces would be provided along with 118 surface stalls behind the building. Access to the parking would be from Garfield Avenue. Phase IL The west side of Lyndale Avenue would include two structures of 30,461 square feet and 15,120 square feet. The space would be occupied by retail and office uses with several small retail uses on the south end of the larger building. Two hundred and thirty surface parking stalls would be provided behind and between the buildings and in front of the smaller retail building. Phase III: Thirty -two (32) townhome units would be constructed on the east side of Garfield Avenue. History: In 1995, the Planning Commission worked with Hoisington Koegler Group, planning consultants, to develop a redevelopment plan for this area. Sections from, The Lyndale Gateway: A Redevelopment Plan and Strategy, are attached. Issues: 1. Design guidelines are proposed in The Lyndale Gateway: A Redevelopment Plan and Strategy. An attachment shows how the proposed development addresses those guidelines. 2. The Comprehensive Plan designation for the area is Community Commercial /Office. The C -C /O designation encourages mixed use development. 3. Setbacks in the PUD plan vary from those normally required in the C -2 district in an attempt to encourage a strong building presence on Lyndale Avenue... West side of Lyndale Avenue: East side of Lyndale Avenue: 76th Street: 77th Street: West side of Garfield Avenue East side of Garfield Avenue: 3 -5 feet, 80 feet (small retail building) 5 -25 feet 3 feet 15 to 40 feet 0 -6 feet 10 feet ACTION TO BE TAKEN Recommendation: Recommend that the City Council: Approve the request for a planned unit development plan for the Lyndale Gateway project and Rezone property between 76th and 77th Streets and Aldrich Avenue to 165 feet east of the center line of Garfield Avenue from R, C -1 and C -2 to PC -2 with the following stipulation: The rezoning shall become effective on a sub -area basis. Sub -area one is between Lyndale and Garfield Avenues, Sub -area two is west of Lyndale Avenue, Sub -area three is east of Garfield Avenue. When the developer holds title to all properties in a sub -area, the rezoning shall become effective except in area three, the rezoning shall become effective when the developer holds title to all the property in the sub- area and the rezoning of sub -area one has become effective Basis: The proposed planned unit development concept is consistent with the Comprehensive Plan designation for the area of Community Commercial - Office. The Community Commercial - Office designation encourages mixed use developments with commercial uses and multiple family housing. Commercial and multi - family housing are allowable uses in the underlying C -2 zoning district. The proposed housing types fill two missing market niches in Richfield of affordable senior rental housing and townhomes. The PUD Plan is consistent with The Lyndale Gateway: A Redevelopment Plan and Strateg . The development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development. The development will not have undue adverse impacts on neighboring properties. A landscape buffer is provided from the single family neighborhood to the west and no access from the commercial development onto Aldrich Avenue is planned. The townhomes on the east side of Garfield provide a buffer for the single family neighborhood to the senior housing. Alternative: Recommend that the City Council deny the request for a planned unit development plan and rezoning with a finding of fact that the proposed use is inconsistent with the Comprehensive Plan and would have an adverse impact on surrounding properties or the City as a whole. CITATIONS ZONING OD 536.17. Review of PUD application. Subdivision 1. Procedure. Upon receipt of a completed PUD application and the fee set by Appendix D of the City Code, the following review procedure set out in this subsection shall commence. Subd. 2. Planning Commission review. The Planning Commission shall conduct a public hearing on the PUD application and serve mailed notice of such hearing to the applicant and all property owners situated wholly or partially within 350 feet of the proposed PUD district. The Planning Commission shall submit its recommendation to the Council. The Planning Commission may recommend approval with or without modifications, or may recommend denial of the PUD application. (Amended, Bill No. 1995 -19, Sec. 2) Subd. 3. Council consideration. Following action by the Planning Commission, the Council shall hold a public hearing and consider rezoning the area described in the plan. If the PUD plan is approved, the area shall be rezoned as one of the six types of PUD districts. Subd. 4. Required findings. The findings necessary for approval of a PUD application shall be as follows: a) the proposed development conforms with the goals and objectives of the City's Comprehensive Development Plan and any applicable redevelopment plan; b) the proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries; c) the development is in substantial conformity with the purpose and intent of the original district, and departures from the original district regulations are justified by the design of the development; d) the development will not create an excessive burden on parks, schools, streets, or other public facilities and utilities which serve or are proposed to serve the development; e) the development will not have undue adverse impacts on neighboring properties; and f) the terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interests. 536.19. Final development plan and conditional use permit. Subdivision 1. Upon approval of the PUD application and rezoning, but prior to the commencement of any construction or development of land, an applicant shall submit a final development plan, together with an application for a conditional use permit for the development shown in the final development plan, which is consistent with the PUD application. Approval of such final development plan and conditional use permit requires a two- thirds vote of the Council. Subd. 2. A final development plan shall consist of the following: a) if required, a final plat of the land to be developed; b) all materials required under Section 536.15, Subd. 6 of this code in "final" form; and c) additional information as required by the Director or Council. Attachment Des n,Wdeli ne_:.;- _ Pub Plam Develop a consistent streetscape through the A landscaped median is proposed in the 7600 block redevelopment area to define its limits, to establish a of Lyndale Avenue. Additional landscaping is significant sense of a district, and to create a more proposed along Lyndale, including street trees, active street environment for pedestrians and cars. flower boxes, benches and pedestrian lighting. Mark the entries to the redevelopment area to Plaza areas are proposed on the northeast and reinforce its identity as a district. northwest corners of 77th and Lyndale to mark the entrance to the area. Create spaces that are not buildings or parking areas An eating area is provided outside the retail areas. to create interest in the patterns of development and The senior housing has an exterior balcony on the to provide places for pedestrians away from busy Lyndale Avenue side of the development. streets. Establish sidewalks continuously through the district Sidewalks are shown on the PUD plan. Additional to provide for uninterrupted pedestrian circulation. pedestrian connections have been requested for the final development plan for the west side of Lyndale. Close 75th Street between Lyndale Avenue and Not applicable. Aldrich Avenue to eliminate the potential for "short cuts" through the neighborhood. Make public transit an essential part of the solution. Transit would be accommodated on Lyndale Avenue, 76th and 77th Streets. Configure and locate parking to insure that buildings Parking on the east side is entirely behind the remain as the focus of the district. building. Parking on the west side is behind and between the buildings with 30 spaces in front of one building. Create a buffer between the redevelopment area and A landscaped buffer area is provided along Aldrich adjacent homes to mitigate any negative influences Avenue. Th e thirty -two (32) on the east side of of commercial activities in the district. Garfield Avenue provide a buffer to the single - family neighborhood. Create parking areas to accommodate expected Parking appears to be adequate. demand. Combine access points from Lyndale Avenue in One access is provided on Lyndale Avenue to the order to reduce potential conflicts. west side development. The access will not allow left turns into the development but no left turns out of the parking lot to northbound Lyndale. Develop continuity from site to site which will allow A streetscape will be provided to tie the block the buildings to be the focus of the district. together. A signage plan will be required that coordinates signage. Landscaping materials for the different phases will be similar. Develop a unified character for the built environment The architectural character of the east and west Attachment to reinforce the sense of a complete district, sides will be complementary to each other. Building emphasizing the character of a commercial village articulation on both sides break up the mass of the rather than a shopping center. buildings. The office and residential portions of the building on the east side are differentiated. Establish a character that is more about buildings The parking is primarily hidden behind and between and the street than parking area. the buildings. The buildings are set close to the street. The small retail building on the west side is set back from the street, allowing a better view of the end shops in the larger retail building. Avoid "formula" architecture in order to achieve a The buildings are designed to integrate with each design that better reflects the community. other. Individual corporate architecture is not a part of the development. Develop buildings that relate to the district and Entrances are provided on both sides of the street. people on all sides, not just the public sides; The main public entrance to the senior building and eliminate a "backdoor" appearance of other offices is from the backside but design efforts have commercial areas. been made so that the Lyndale Avenue side does not look like a back door. Develop taller buildings at some areas within the The building on the east side is four stories tall. The district to emphasize its role as a gateway and to buildings on the west side, while one story, will be provide focus at the center of the district. taller than standard one -story buildings. Require the use of high quality building materials and Brick is being proposed extensively throughout the methods to create a stock of buildings that is development. Canvas awnings are proposed. enduring. Create compact mixed use development in the The proposed uses include a mix of office, retail and vernacular of an urban village. housing. The proposed retail uses provide services to the senior housing and townhouse developments in addition to the office tenants and the surrounding neighborhood. Rezoning Existina Lyndale Gateway 76th M IE OEIV I LV. 77ttt Sr II 'III I 9 Zoning - M Neighborhood, Commercial M General Commercial Single Family. Residential IM Planned Commercial -- A N 100- 0- 100- feet.. August 10, 1999 tl10S3NNIW 'O13]JH018 SOV'I'IIA HOINSS Z2S2I,,SNIVW 1 r._. ._._._._._._._._._._._._._._._._._._._._._._._._._._._._ ._._._._._._._._:_._._._._._._. i R i i I I I I I i I I I 3 ! I I i R3.± ' t F_.f L :III.? Amo !. a.in7. :! r .a>o. : III. o>o. AA QTfS• i7 Q'i Q CI 866i1a 9 °' ti1i6y t , t' S S b4iplp e ig ailtill9 i 6 o r._. ._._._._._._._._._._._._._._._._._._._._._._._._._._._._ ._._._._._._._._:_._._._._._._. i R i i I I I I I i I I I 3 ! I I i I R i L a I I I I I 11 1 I I I ai ! J I T I i o I I wwocF- I II i I I d awl i I III I i V III,_ L7 ujwwoz fE N R3.± ' t F_.f L :III.? Amo !. a.in7. :! r .a>o. : III. o>o. AA QTfS• i7 Q'i Q CI I R i L a I I I I I 11 1 I I I ai ! J I T I i o I I wwocF- I II i I I d awl i I III I i V III,_ L7 ujwwoz fE N i JV I In many ways, this district is seen as one of the important gateways to the Richfield community. As an introduction to the community, it seems it should reveal something of the character of the community, showing Richfield as a place of neighborhoods and commerce in a "hometown" atmosphere. As the area redevelops, it makes sense to try to instill some of the qualities and character of the community into this district. The Concept Plan strives to create a gateway district, building from a framework of design guidelines based on neighborhood and business community input, research on development feasibility, and the ability of the City to shape development. The plan that is shown in this report can only be a guide for redevelopment; it provides the framework within which redevelopment can occur that supports the community- derived guiding principles and the opportunities and constraints presented by what exists. This plan will be used by the City to market the area, helping potential developers understand the direction created through the process of working with the community. And, as development proposals are brought to the City, the Concept Plan and associated design guidelines will be used to evaluate the proposals. While the built result may not match the plan exactly, its underlying character must be maintained in order to match the community's vision. In the plan, the entire redevelopment area is recognized as the gateway, so a strong identity must be established. Two factors are critical: boundaries and continuity. The boundaries have been defined to signal the point at which you enter the district, and also set the limits of commercial development. It is equally important to create continuity through the district. While buildings will be different in size and use, there must be elements that they have in common, and the public space of the district must be The Lyndale Gateway i /u/, 8, 1996 7.0 The Concept Plan developed in a uniform manner. With boundaries established and elements defined that establish continuity, the district gains cohesiveness and a sense that it is whole. Development in the district should be oriented to a mix of retail /commercial and office uses, with opportunities for some higher density residential uses in combination with retail or office. The district will support businesses that serve the neighborhood, as well as those that orient to the more regional market with specialty stores and services. Within this mix of uses, the opportunity for joint use of parking is created, allowing a customer to move from store to store without relying on their car. Residential development is an important element of the plan. While residents represent a market for nearby businesses, many people actually prefer to live in mixed use areas that offer convenient shopping, working and entertainment opportunities. The southeast comer of 74th Street and Lyndale Avenue is intended to satisfy this need. The Audio Perfection and Woodlawn Terrace sites offer unique opportunities for a variety of urban housing types. Whatever the use, it is intended that buildings be the focus of development, not parking lots. This allows the built form of the district to help set its identity, and provides for convenient movement for pedestrians as they do not have to cross parking lots to reach sidewalks or storefronts. Buildings that are close to the street are critical to this concept, which dictates parking that is located behind or beside buildings. The intersection of 76th Street and Lyndale Avenue becomes important, as 76th Street provides the most direct connection to the adjacent neighborhoods. Page /7 Buildings surrounding this intersection should be two or three stories high, reinforcing its place as the heart of the redevelopment district. Taller buildings should extend south of 76th Street as a transition to the larger commercial uses along 77th Street and Interstate 494. The scale of the buildings progressively decreases north of 76th Street and Lyndale Avenue, creating a transition to the residential areas at the edges of the district. The neighborhoods surrounding the district are critical to its success. Although they must be strongly connected to it, they must be sheltered from any negative influences of commercial activities. In the plan, physical separation and visual buffering is shown at the common boundaries between the redevelopment area and the neighborhood. To respect the place of the commercial area in the community, this district should not exist in isolation from the neighborhoods that support it. Therefore, the plan shows development of a pedestrian system that reaches beyond Lyndale Avenue along 76th Street and 74th Street to link to the neighborhoods. Y K Wr MAI" O 0 0 e ,—tee O +rve 0 FTC IL U." o o ° o is D ri e e Illustrative Concept Plan • • • M:=- O0 The Lyndale Gateway & July 8, 1996 Page 18 is Oft OIL-_ M V M M V M V M M In order to achieve the intent of the Concept Plan and generate development that supports the guiding principles the Planning Commission recommends the following design guidelines. While development may not exactly follow the patterns shown in the Concept Plan, plans must be consistent with the design guidelines. Guidelines have been developed for public spaces, sites, buildings and land use. Develop a consistent streetscape through the redevelopmentarea to define ft limft to establish a significant sense ofa distric4 and to create a more active street environment for pedestrians and cars Use pedestrian scale streetlights at a regular interval at all streets within the redevelopment area Provide pedestrian amenities (benches and trash receptacles) at logical locations along Lyndale Ave Require ornamental fences and plantings to screen parking areas from street views Plant street trees at a regular interval on all streets within the redevelopment area Plant other plantings to create highlights at pedestrian oriented spaces, building entries and other focal areas Establish a method of maintaining streetscape improvements that is common for all properties in the district Mark the entries to the redevelopment area to reinforce its identity as a district Establish markers on both sides of Lyndale Avenue at 76th Street and 74th Street Establish markers on 76th Street at the southeast comer of 76th Street and Aldrich Avenue, and at The Lynda/e Gateway AV July B, 1996 Design Guidelines the northwest comer of 76th Street and Garfield Avenue Create spaces that are not buildings or panfdng areas to create interest in the patterns of development and to provide places for pedestrians awayfrom busysbeets Create small "pocket plazas' between or beside buildings that could be used for outdoor restaurants, eating areas or gathering spaces, and to create links between parking areas and the street; develop these spaces to make them feel like an extension of the street (similar paving, lights, benches) Encourage the development of a farmers market that could use portions of larger parking areas at off -peak parking times Establish sidewalks continuously through the district to provide for uninterrupted pedestrian circulation Provide sidewalks exclusively for pedestrian use along Lyndale Avenue Extend walks from Lyndale Avenue along 76th Street and 74th Street to the limits of the district Extend walks south of 77th Street to the main entries of the Shops at Lyndale and the Hampton Inn Close 7546 Street between Lyndale Avenue and Aldrich Avenue to eliminate tyre potential for "short cuts" through the neighborhood Reroute the alley to reach Aldrich Avenue Use the right -of -way to allow for more intense development or to create additional parking Page 19 i , C Make public transit an essenda /part of the solution Design and locate stops and shelters as integral elements of the project Create connections which make public transit eminently useable by shoppers, employees, and neighborhood residents Contgure and locate .parking to .insure that buildings remain as the focus of district Discourage parking in front of buildings, except where that parking might occur on the street Place parking behind or beside buildings Prohibit parking areas at street intersections Make access to parking areas prominent and visible from the street Create a buffer between the redevelopment area and adjacent homes to mitigate any negative influences of commercial activities in the district Provide a 40 foot wide bermed and landscaped buffer strip with a five foot high fence (colored chain link) at the area south of 76th Street and at the northeast comer of 76th Street and Lyndale Avenue Require a 15 foot wide landscaped buffer strip with a similar fence at all other-areas Establish a method of maintaining the integrity of the buffer that is common for all properties in the district Create parking areas to accommodate expected demand Encourage the development of uses that creatively share parking by time of day amongst a variety of uses in order to reduce the total amount of land dedicated to parking Maximize density in the district by discouraging the development of excess parking Combine access points from Lyndale Avenue in order to reduce potential conflicts Allow a single access at Lyndale Avenue between 77th Street and 76th Street Require 150 feet between access points at Lyndale Avenue and all other redevelopment parcels Prevent access to parking areas from alleys; restructure alley access to serve only residential uses Develop continuity bvm site to site which will allow the buildings to be the focus of the district Establish a common palette of materials for use at all sites within the district (planting, lighting, paving) Establish standards for site development that assure consistency through the district Limit the use of free - standing signs and pylon signs; encourage signs that are an integral part of the buildings Develop a united character for the built environment to reinforce the sense of complete district emphasizing the character of commerrial village rather than a shopping center Establish compatibility between buildings through similar massing, scale, bulk, and detail Allow for individual expression from building to building, to reflect the character of a district of individual shops and businesses rather than a strip center Require developers to demonstrate how a proposed building will be created that considers neighboring buildings Establish a character that is more about buildings and the street than parking area Place buildings at the street frontage at all locations within the district Create buildings that address the street, with front doors to the public space at the street as well as access from parking areas Use elements that are pedestrian in scale, as opposed to those that are meant to relate to automobiles and highways a The Lyndale Gateway a July B, 1996 P49e 20 a a qjr— Z Avoid "formula"arrhitecture in order to achieve a design that better reflects the community Prohibit corporate colors, franchise patterns and buildings that are designed as signs; encourage creative design that relies on "found" character rather than introduced character Require detail that is integral to the building, not elements that are applied to a standard building shell (such as clock, towers or "plastic" awnings) Develop buildings that relate to the district and people on all sides, not just the public sides, eliminate a "back door" appearance of other commerrial areas Avoid large, blank wall surfaces; encourage windows, doors or other means of articulating large facades Make building entries the highlight of the structure so it becomes obvious that the development is related to pedestrians Integrate mechanical systems into the design of the building Provide trash storage areas that are completely enclosed and incorporated as a part of the building Require that signs be incorporated into the building facade, windows or awnings; do not allow signs that extend more than 12" beyond the plane of the building facade or signs that extend beyond the roof line Develop taller buildings at some areas within the district to emphasize its role as a gateway and to provide focus at the center of the district Allow two or three story buildings at the intersection of 76th Street and Lyndale Avenue and in areas south of 76th Street Require the use of high quality building materials and methods to create a stock of buildings that is enduring Utilize materials that are durable, easily maintained and attractive at dose distances (from the sidewalk, for example); and materials that have an attractive pattern, texture and quality detailing Encourage the use of brick, stone or high quality precast concrete; metals that are matte finish and neutral in color, with visible comer trim when used for exterior walls Require the use of transparent glass at the majority of street level windows; prohibit the use of mirrored glass at street level Encourage canvas awnings; prohibit awnings of nylon or other synthetic materials, as well as those awning structures meant to be illuminated from within Create compact mired use development in the vernacular of an urban village Allow higher intensity development which integrates employment, shopping, living, entertainment, transit, public spaces and facilities Make all new development compatible with the extant neighborhood The Cyndale Gateway a J* 8, 1996 page 2 J MAd Agenda Section: Item #: Case #: Type of Request Applicant /Owner: Location: Zoning: Existing Land Use: Proposed Land Use: Comp. Plan: References: Zoning Code Planning Commission Letter August 24, 1999 Public Hearing 2 99- FDP -I; 99 -CUP -4 GENERAL INFORMATION Final development plan and conditional use permit for the senior housing and office component (Phase I) of the Lyndale Gateway development. CSM Corporation and Twin City Christian Homes Services Co., Inc. East side of Lyndale Avenue between 76th and 77th Streets PC -2 proposed Commercial and single family residential Multi - family housing and office Community Commercial /Office see attached Citations section for excerpts) 546.05, Subds. 4 and 6 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 September 13, 1999. ANALYSIS Proposal: Phase I of the Lyndale Gateway planned unit development plan includes the area bound by 76th Street on the north, 77th Street on the South, Lyndale Avenue on the west and Garfield Avenue on the east. The four -story building includes 160 units of senior housing and 38,000 square feet of office space. History: In 1995, the Planning Commission worked with Hoisington Koegler Group, planning consultants, to develop a redevelopment plan for this area. Sections from, The Lyndale Gateway: A Redevelopment Plan and Strategy, are attached. Issues: Parking and Access: One hundred thirty -one underground parking spaces would be provided along with 118 surface stalls behind the building for a total of 249 parking spaces. This provides a parking ratio of .72 parking spaces per housing unit, an appropriate amount for senior housing of this type. The office portion of the development would have approximately 3.7 stalls per 1,000 square feet of office space. City standards recommend 4 stalls per 1,000 square feet, however, shared parking and use of other transportation modes are appropriate for this type of development. Access to the parking would be from Garfield Avenue. Landscaping: Landscaping will be consistent throughout the PUD plan. The dense development will require removal of most of the existing trees. Any trees that can be saved would be protected during construction. Housing Component: The senior housing meets a housing need in Richfield which is currently unsatisfied. Seventy -eight of the units will be two bedroom and seventy -three will be one bedroom. The facility will meet the needs of many seniors who fall below specified income levels, up to 40 percent of the units will be offered at a reduced rent. The senior housing provides a variety of services for residents to allow them to age in place. ACTION TO BE TAKEN Recommendation: Recommend that the City Council approve the request for a final development plan and conditional use permit for Phase I of the Lyndale Gateway development with the following stipulations: 1. That a final landscape plan be submitted, including a tree protection plan, and approved by the Community Development Director, 2. That a sediment and erosion control plan be approved by the Public Works Director. 3. That a stormwater management plan be approved by the Public Works Director. 4. That the property be replatted. 5. That a signage plan be submitted and approved by the Community Development Director. 6. That details of the noise wall removal and planting replacement be approved by the Public Works Director. Basis: 1. The proposed housing fills a missing market niche in Richfield of affordable senior rental housing. 2. The proposed uses are consistent with the Comprehensive Plan designation of Community Commercial /Office. 3. The proposed final development is consistent with the design guidelines of The Lyndale Gateway: A redevelopment plan and study. 4. The proposed parking is adequate for the needs of the proposed uses. Alternative: Recommend that the City Council deny the request for a final development plan and conditional use permit with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. CITATIONS ZONING CODE: 536.15. PUD application. Subdivision I. Required materials. Upon completion of the required actions in Subsection 536.13 of this code, an applicant for a PUD shall submit the application materials outlined in this Subsection. Subd. 6. Site plan materials: a) a site plan indicating the boundaries, dimensions, and area of the proposed PUD district; b) a preliminary plan showing the location, dimensions, and gross floor area of proposed structures, c) a preliminary plan showing the proposed land use(s) for each parcel and each building, the amount of floor area devoted to each use, and all areas to be designated for mixed land uses allowed by Subsection X36.1 I, Subd. 3 of this code; d) a preliminary plan showing the location, arrangement, and number of parking spaces, loading facilities, and mass transit facilities including bus turnouts and shelters; e) a preliminary plan showing the location and dimension of all curb cuts and driveways, and their relationship to all existing and proposed public streets, f) the proposed location, design, and dimension of pedestrian and bicycle facilities, walks, skyways, plazas, courts or other related areas; g) preliminary building plans, elevations, general specifications of materials, and unusual structural systems, prepared by an architect registered in the State of Minnesota, h) a preliminary land/building use profile including computations of gross /leaseable square footage, housing unit breakdown to square foot, bedrooms, persons /unit, and parking requirements; i) a preliminary storm water management plan and site grading plan including an analysis of the adequacy of surface drainage, storm sewer and catch basin drainage, stone water retention, and erosion control-, j) a preliminary plan depicting natural features and natural features to be preserved, as well as existing vegetation with detailed locations of trees 12" or larger in diameter; k) a preliminary utility plan showing casements, sewer, water, and power services to all proposed uses-, 1) a preliminary plan showing utilities and utility easements to remain, to be installed, to be relocated, and to be removed or vacated; m) a preliminary plan showing the proposed location and dimensions of all walls, fences and landscape plantings, n) a plan showing the proposed location and dimensions of all signs and lighting fixtures, including the illumination characteristics of all lighting; o) a soils map that depicts surface and subsurface conditions that may affect construction; and p) additional information as required by the Director. 536.19. Final development plan and conditional use permit. Subdivision I. Upon approval of the PUD application and rezoning, but prior to the commencement of any construction or development of land, an applicant shall submit a final development plan, together with an application for a conditional use permit for the development shown in the final development plan, which is consistent with the PUD application. Approval of such final development plan and conditional use permit requires a two- thirds vote of the Council. Subd. 2. A final development plan shall consist of the following: a) if required, a final plat of the land to be developed; b) all materials required under Section 536.15, Subd. 6 of this code in "final" form; and c) additional information as required by the Director or Council. 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) 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. 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Q m Ym I Vm 1 LL W. 11I Vm Vm I - i ggt A siq C i t a rioo vs n •li S c@ vRRyyi 19 o o V10S3NNIW •01313H018 ; ._ m 0 ff 0 a 7 7 a a i a M I 0 d s L Y f6gF E V< myy p — a i o i + 3 Z N Q aiill S D V'I'I I n H O I N S S i 1 ..PS N 111 LSSHZSHIVYq s il- 1, 111 s r o m 7rrn 3 vins gn 0 ii CL o loll LL o o 2 r Us i c7V1053NNIM `01313H318 rMA HOIN3S a2lZl,LSNlVw . o © ® q q o 00 4 4 Q Q I I I I I I ! n I r - -- ; - -- 0 N I 1 I I I I ! I I •' T! I ii.r . a i ------ i ._._._.Y ................. I i I t I I I ! ! I • I I I h l I ! ! I I I HI I Ii IIL, ,:_iI 11I I I I j.t up.. 64 b b No 1 o 0 W W LL m um s In many ways, this district is seen as one of the important gateways to the Richfield community. As an introduction to the community, it seems it should reveal something of the character of the community, showing Richfield as a place of neighborhoods and commerce in a "hometown" atmosphere. As the I area redevelops, it makes sense to try to instill some of the qualities and character of the community into this district. i I The Concept Plan strives to create a gateway district, building from a framework of design guidelines based on neighborhood and business community input, research on development feasibility, and the ability of the City to shape development. The plan that is shown in this report can only be a guide for redevelopment, it provides the framework within which redevelopment can occur that supports the community - derived guiding principles and the opportunities and constraints presented by what exists. This plan will be used by the City to market the area, helping potential developers understand the direction created through the process of working with the community. And, as development proposals are brought to the City, the Concept Plan and associated design guidelines will be used to evaluate the proposals. While the built result may not match the plan exactly, its underlying character must be maintained in order to match the community's vision. In the plan, the entire redevelopment area is recognized as the gateway, so a strong identity must be established. Two factors are critical: boundaries and continuity. The boundaries have been defined to signal the point at which you enter the district, and also set the limits of commercial development. It is equally important to create continuity through the district. While buildings will be different in size and use, there must be elements that they have in common, and the public space of the district must be The Lyndale Gateway Ar /uly 8, 1996 7.0 The Concept Plan developed in a uniform manner. With boundaries established and elements defined that establish continuity, the district gains cohesiveness and a sense that it is whole. Development in the district should be oriented to a mix of retail /commercial and office uses, with opportunities for some higher density residential uses in combination with retail or office. The district will support businesses that serve the neighborhood, as well as those that orient to the more regional market with specialty stores and services. Within this mix of uses, the opportunity for joint use of parking is created, allowing a customer to move from store to store without relying on their car. Residential development is an important element of the plan. While residents represent a market for nearby businesses, many people actually prefer to live in mixed use areas that offer convenient shopping, working and entertainment opportunities. The southeast comer of 74th Street and Lyndale Avenue is intended to satisfy this need. The Audio Perfection and Woodlawn Terrace sites offer unique opportunities for a variety of urban housing types. Whatever the use, it is intended that buildings be the focus of development, not parking lots. This allows the built form of the district to help set its identity, and provides for convenient movement for pedestrians as they do not have to cross parking lots to reach sidewalks or storefronts. Buildings that are close to the street are critical to this concept, which dictates parking that is located behind or beside buildings. The intersection of 76th Street and Lyndale Avenue becomes important, as 76th Street provides the most direct connection to the adjacent neighborhoods. Page 17 r Buildings surrounding this intersection should be two or three stories high, reinforcing its place as the heart of the redevelopment district. Taller buildings should extend south of 76th Street as a transition to the larger commercial uses along 77th Street and Interstate 494. The scale of the buildings progressively decreases north of 76th Street and Lyndale Avenue, creating a transition to the residential areas at the edges of the district. The neighborhoods surrounding the district are critical to its success. Although they must be strongly connected to it, they must be sheltered from any negative influences of commercial activities. In the plan, physical separation and visual buffering is shown at the common boundaries between the redevelopment area and the neighborhood. To respect the place of the commercial area in the community, this district should not exist in isolation from the neighborhoods that support it. Therefore, the plan shows development of a pedestrian system that reaches beyond Lyndale Avenue along 76th Street and 74th Street to link to the neighborhoods. The Lyndale Gateway • /uly B, 1996 i o 0 o 0 ° ° 0 IER LEIR 0 O Illustrative Concept Plan 0 ° • *6` Page 18 F qM In order to achieve the intent of the Concept Plan and generate development that supports the guiding principles the Planning Commission recommends the following design guidelines. While development may not exactly follow the patterns shown in the Concept Plan, plans must be consistent with the design guidelines. Guidelines have been developed for public spaces, sites, buildings and land use. Develop a consistent streetscape through the redevelopment area to detne its limits, to establish a signitcantsense of distric4 and to create a more active street environment for pedestrians and cars Use pedestrian scale streetlights at a regular interval at all streets within the redevelopment area Provide pedestrian amenities (benches and trash receptacles) at logical locations along Lyndale Ave Require ornamental fences and plantings to screen parking areas from street views Plant street trees at a regular interval on all streets within the redevelopment area Plant other plantings to create highlights at pedestrian oriented spaces, building entries and other focal areas Establish a method of maintaining streetscape improvements that is common for all properties in the district Mark the entries to the redevelopment area to reinforre its identity as a district Establish markers on both sides of Lyndale Avenue at 76th Street and 74th Street Establish markers on 76th Street at the southeast comer of 76th Street and Aldrich Avenue, and at The Lyndale Gateway a July 8, 1996 Design Guidelines the northwest comer of 76th Street and Garfield Avenue Create spaces that are not buildings or parking areas to create interest in the patterns of development and to pro vide places for pedestrians away from busystr Bets Create small "pocket plazas" between or beside buildings that could be used for outdoor restaurants, eating areas or gathering spaces, and to create links between parking areas and the street; develop these spaces to make them feel like an extension of the street (similar paving, lights, benches) Encourage the development of a farmers market that could use portions of larger parking areas at off -peak parking times Establish sidewalks continuously through the district to pro vide for uninterrupted pedestrian circulation Provide sidewalks exclusively for pedestrian use along Lyndale Avenue Extend walks from Lyndale Avenue along 76th Street and 74th Street to the limits of the district Extend walks south of 77th Street to the main entries of the Shops at Lyndale and the Hampton Inn Close 75th Street between Lyndale Avenue and Aldrich Avenue to eliminate the potential for "short cuts "through the neighborhood Reroute the alley to reach Aldrich Avenue Use the right -of -way to allow for more intense development or to create additional parking Page /9 0 I Make public transit an essential partofthe solution Design and locate stops and shelters as integral elements of the project Create connections which make public transit eminently useable by shoppers, employees, and neighborhood residents Configure and locate parking to insure that buildings remain as the focus of the district Discourage parking in front of buildings, except where that parking might occur on the street Place parking behind or beside buildings Prohibit parking areas at street intersections Make access to parking areas prominent and visible from the street Create a buffer between the redevelopment area and adjacent homes to mitigate any negative influences ofcommetria /activities in the district Provide a 40 foot wide bermed and landscaped buffer strip with a five foot high fence (colored chain link) at the area south of 76th Street and at the northeast comer of 76th Street and Lyndale Avenue Require a 15 foot wide landscaped buffer strip with a similar fence at all other areas Establish a method of maintaining the integrity of the buffer that is common for all properties in the district Create parking areas to accommodate expected demand Encourage the development of uses that creatively share parking by time of day amongst a variety of uses in order to reduce the total amount of land dedicated to parking Maximize density in the district by discouraging the development of excess parking Combine access points from Lyndale Avenue in order to reduce potential conflicts Allow a single access at Lyndale Avenue between 77th Street and 76th Street Require 150 feet between access points at Lyndale Avenue and all other redevelopment parcels Prevent access to parking areas from alleys; restructure alley access to serve only residential uses Deerelop continuity from site to site which will allow the buildings to be the focus of the district Establish a common palette of materials for use at all sites within the district (planting, lighting, paving) Establish standards for site development that assure consistency through the district Limit the use of free - standing signs and pylon signs; encourage signs that are an integral part of the buildings Develop a uniled character for the built environment to reinfoire the sense of a complete district; emphasizing the character of commetrial tillage rather than a shopping center Establish compatibility between buildings through similar massing, scale, bulk, and detail Allow for individual expression from building to building, to reflect the character of a district of individual shops and businesses rather than a strip center Require developers to demonstrate how a proposed building will be created that considers neighboring buildings Establish a character that is more about buildings and the street than parking area Place buildings at the street frontage at all locations within the district Create buildings that address the street, with front doors to the public space at the street as well as access from parking areas Use elements that are pedestrian in scale, as opposed to those that are meant to relate to automobiles and highways The Lyndale Gateway N juy 8, 1996 Page 20 In-- a Avoid "formula "architecture in order to achieve a design that better reflects the community Prohibit corporate colors, franchise patterns and buildings that are designed as signs; encourage creative design that relies on "found" character rather than introduced character Require detail that is integral to the building, not elements that are applied to a standard building shell (such as dock, towers or "plastic" awnings) Develop buildings that relate to the district and people on all sides, not just the public sides; eliminate a "back door" appearance of other commercial areas Avoid large, blank wall surfaces; encourage windows, doors or other means of articulating large facades Make building entries the highlight of the structure so it becomes obvious that the development is related to pedestrians Integrate mechanical systems into the design of the building Provide trash storage areas that are completely enclosed and incorporated as a part of the building Require that signs be incorporated into the building facade, windows or awnings; do not allow signs that extend more than 12" beyond the plane of the building facade or signs that extend beyond the roof line Develop taller buildings at some areas within the district to emphasize its role as a gateway and to provide focus at the center of the district Allow two or three story buildings at the intersection of 76th Street and Lyndale Avenue and in areas south of 76th Street The Lynda/e Gateway w /u/ , 8, 1996 Require the use of high quality building materia/s and methods to create a stock of buildings that is enduring Utilize materials that are durable, easily maintained and attractive at dose distances (from the sidewalk, for example); and materials that have an attractive pattern, texture and quality detailing Encourage the use of brick, stone or high quality precast concrete; metals that are matte finish and neutral in color, with visible comer trim when used for exterior walls Require the use of transparent glass at the majority of street level windows; prohibit the use of mirrored glass at street level Encourage canvas awnings; prohibit awnings of nylon or other synthetic materials, as well as those awning structures meant to be illuminated from within Create compact mixed use development in the vernacular of in urban village Allow higher intensity development which integrates employment, shopping, living, entertainment, transit, public spaces and facilities Make all new development compatible with the extant neighborhood PW 2/ Planning Commission Letter August 24, 1999 Agenda Section: , Public Hearing Item #: 3 Letter #: 25 GENERAL INFORMATION Type of Request: Rezone properties to a zoning classification that is consistent with the Comprehensive Plan References: (see attached Citations section for excerpts) Zoning Code: 546.07 Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to the subject property owners and all property owners within 350 feet of the subject property. City Council: Planning Commission action would set a City Council first reading date of September 13, 1999. ANALYSIS Proposal: The attached-'list identifies fourteen properties to be rezoned. The purpose of the rezoning is to make the zoning consistent with the City's Comprehensive Plan. Five properties are currently zoned C -2 (general commercial). The land use is multi - family residential, and the Comprehensive Guide Plan designates the properties as medium density multi - family residential. The proposed zoning is MR-2 (medium density multi - family residential). Apartments in the C -2 district have the same regulations as apartments in the MR -2 district, so the proposed rezoning does not impact the current use of the property. Six properties are currently zoned C- I (neighborhood commercial). The land use and Guide Plan are multi - family. The proposed zoning is MR -2. Apartments in the C- I district have the same regulations as apartments in the MR -2 district, so the proposed rezoning does not impact the current use of the property. Two properties are zoned C -1 and the proposed zoning is R (single family residential). The land use is single family residential and the Guide Plan designates the properties as high- density single family housing. Single family residences are not permitted uses in the C -1 district making the uses legally nonconforming (i.e. grandfathered in) in the C -1 district. They would be permitted uses in the R district. One property is zoned C -2. The land use is single family residential and the Guide Plan designates it as medium density multiple family housing (the parcel is adjacent to other multiple family housing). The proposed zoning is R, consistent with the land use. Because the parcel is adjacent to other multiple family housing being rezoned from commercial to multi - family residential, it is appropriate to rezone it at this time. History: State law requires that cities' Zoning Ordinances be made consistent with their Comprehensive Plans. In 1998, the Planning Commission reviewed the City's zoning classifications and identified those parcels with zoning that is inconsistent with the Comprehensive Plan. Of those parcels, the Commission determined that one category of parcels, that in which the land use is consistent with the Comprehensive Plan but the zoning is not, should be rezoned. ACTION TO BE TAKEN Recommendation: Recommend that the City Council rezone properties to a zoning district consistent with the Comprehensive Plan and as identified on Attachment A. Basis: 1. The Commission previously reviewed the parcels with zoning inconsistent with the Comprehensive Plan and determined that those parcels where the land use was consistent with the Comprehensive Plan but the zoning is not should be rezoned. 2. The proposed zoning classifications are consistent with the present use of the property. Alternative: 1. Decide not to rezone properties at this time. 2. Rezone properties to a different zoning district than that proposed. ZONING CODE: CITATIONS SECTION 546 - ZONING: ADMINISTRATION 546.07. Zoning amendments. Subdivision 1. Initiation of Amendment. An amendment of this code may be initiated by the Planning Commission, Council, or by petition of the owners of not less than 50 percent of the land proposed to be rezoned and by the owners of at least 50 percent of the land within 300 feet of the land proposed to be rezoned. Properties owned by federal, state, municipal entities, or other political subdivisions shall be excluded from any computation of the percentage of land necessary for rezoning petitions initiated by landowners. Subd. 2. Application. An application for a change in the boundaries of a zoning district made by the owner of the property shall be submitted to the Director on forms provided by the City. Subd. 3. Planning Commission review. After receipt of a completed application, a date shall be set for consideration before the Planning Commission. The Planning Commission may offer whatever public notice of its review that it deems necessary. Following this consideration, the Planning Commission shall make a recommendation to the Council regarding the application. Subd. 4. City Council consideration. After receipt of the recommendation of the Planning Commission, the Council shall consider the matter at a first reading. The Council may offer whatever public notice of its first reading review that it deems necessary. If the application is approved for first reading, the Council shall set a date for a second reading and public hearing. Not less than 10 days prior to the public hearing, notice shall be published once in the official newspaper. Notice regarding an amendment which involves a change in the boundaries of a zoning district shall also be sent by mail to the applicant and all the owners of properties located wholly or partially within 350 feet. The Council shall act upon the amendment within 60 days of submission of a completed application unless written notice of an extension is provided to the applicant. The notification must state the reasons for the extension and its anticipated length, which may not exceed 60 days unless approved by the applicant. If the Council fails to make a timely decision; the amendment shall be deemed to have been approved. The Council may adopt an amendment to this code only upon an affirmative vote of at least two- thirds of its full membership. (Amended, Bill No. 1995 -19, Sec. 5) Subd. 5. Issuance of building permit. No building permit for any building or structure may be issued while proceedings for rezoning of the land wherein the structure is located or to be located are pending_ unless the permit would be permitted under both the existing zoning classification and the proposed zoning classification for such area, or unless Council approval is first obtained. Subd. 6. Time limitation. Not more than one petition for the rezoning of any particular piece of land shall be made within any twelve month period. Subd. 7. Fee. The fee for a petition to rezone land is set by Appendix D of the City Code. Subd. 8. Effective date. Amendments to this code shall be effective in accordance with Section 3.09 of the Richfield City Charter. O N r1 CQ i-2 0 z z O N W z z 5 a a O U w O z Q J O z z O N N w 0 Q N C`l (`1 N (11 fV 1`1 (V N rl N rl N N N u u u u c_% u u u u u u u u u 3 3 V) w xT 3 o u 0 u Z W L Q 0 fl C11 71 O 0 N 0 0 z z O N W z z 5 a a O U w O z Q J O z z O N N w 0 Q N C`l (`1 N (11 fV 1`1 (V N rl N rl N N N u u u u c_% u u u u u u u u u 3 3 V) w xT 3 o u 0 u 0 u 0 u 0 u 0 u rn 0 rz V) 0 rz W W a a 0 fl C11 71 0 In 0 N 0 kr, 1 1- In kA C\ o r w0 c a o a o 0 Q b H Agenda Section: Item #: Letter #: Planning Commission Letter August 24, 1999 Old Business 4 26 GENERAL INFORMATION Type of Request: Consideration of draft ordinance amendment relating to restaurants that serve alcohol. Public Notice: Public notice for Planning Commission review of an ordinance amendment is not required. The Commission might consider notifying existing liquor license holders if proposed amendment has an impact on existing license holders. ANALYSIS History: The City Council is reviewing the number of liquor licenses in the City. Staff anticipates that the redevelopment projects that are in process will result in requests for additional liquor licenses. Liquor licenses are established by ordinance so an increase in the number of licenses requires an ordinance amendment. The ordinance amendment process takes approximately three months. After reviewing this information at a study session, the City Council asked that the Planning Commission review the zoning and land use issues relating to restaurants that serve alcohol and provide information to the Council. The Planning Commission discussed the issues in June and directed staff to provide information regarding the ordinances of other cities and to determine how a potential ordinance would affect existing license holders. Issues: • Restaurants are currently conditional uses in the City. Restaurants that serve alcohol must be located on a collector or arterial street. Several communities require restaurants that serve alcohol to be located a certain distance from schools and churches. A 300 foot buffer requirement would not impact any of the existing license holders. A 600 foot buffer would impact three license holders (Lariat Lanes, China Garden, and Vina's) St. Louis Park requires 100 feet from any single family residential zoning district. Requiring a distance from single family residential uses or districts would impact several of the City's existing license holders. A distinction might be made between a facility with a 3.2 license versus a full liquor license. ACTION TO BE TAKEN Recommendation: Review the attached materials and provide direction to staff regarding a possible ordinance amendment. Basis: 1. The City Council has requested that the Planning Commission review the land use issues relating to restaurants that serve alcohol. 2. The Commission reviewed the issue in June and requested additional information on how potential restrictions would impact existing businesses. CITATIONS ZONING CODE: 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 1 (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. Restaurants that Serve Liquor Land Use Regulations mu anti> U' `::«` R>,"<` ut°: : ;:i'c<' >< ><;`<<><` >`<_ >> Bloomington 1,000 feet from school (lot line to lot line) or church (lot line to building) Burnsville Building must be a minimum of 3,500 square feet Edina Restricted by restricting the zoning districts where liquor licenses can be issued Not allowed in mixed use, commerical /residential, buildings In one zoning district the maximum number of seats is 150 Minneapolis Only in commercial area that contains 7 contiguous acres Licenses issued before 1974 are grandfathered in Wine licenses issued to areas with less than 7 acres if restaurant only serves wine to patrons who also order a meal Plymouth Minimum building valuation of $500,000 Office building or shopping center: minimum 150 seats St. Louis Park Located on collector or arterial street 100 feet from R (single family residential) district bufferyard St. Paul Business needs approval of 60% of property owners within 200 feet 300 feet from school or church Woodbury 500 feet from school or church building