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01-10-2005 SPECIALJ SPECIAL PLANNING COMMISSION AGENDA January 10, 2005 7:00 p.m. Introductory Proceedings Secretary will Note the Attendance Approval of Minutes: Opportunity for Citizens to Address the Commission on items not on the Agenda Public Hearing ITEM #1 05- ACUP -01 ITEM #2 05- CUP -01 New Business ITEM #3 PC Letter #1 ITEM #4 PC Letter #2 Old Business Liaison Reports Adjournment 6600 Nicollet Avenue, amend conditional use permit to allow extension of dome hours. 6417 Lyndale Avenue, conditional use permit to allow a restaurant with customer seating Discuss work session schedule for 2005 -2006 Topics for 2005 Planning Commission Work Sessions School Board Community Services Advisory Commission HRA City Council Human Services Planning Council City Hall Task Force Family Friendly Initiative Task Force 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 612/861- 9702 ". AGENDA SECTION: AGENDA ITEM # REPORT # CASE # PUBLIC HEARING 05- ACUP -01 odM r,„.m PLANNING COMMISSION STAFF REPORT PC MEETING DATE: JANUARY 109 2005 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing regarding consideration of a request for an amendment to the Conditional Use Permit at 6600 Nicollet Avenue (Holy Angels Academy) to allow for an extension in the Seasonal Sports Facility hours in the "R" zoning district. Ill. RECOMMENDED ACTION: II Conduct and close a public hearing and by motion: Recommend approval of an amendment to the Conditional Use Permit at 6600 Nicollet Avenue (Holy Angels Academy) to allow for an extension in the Seasonal Snorts Facility hours in the "R" zoning district. II. BACKGROUND The Academy of Holy Angels (AHA) is seeking to expand the operational hours of the Seasonal Sports Facility, (Starpome) which is controlled by the Conditional Use Permit. Currently the Starpome's hours of operation are from 6 a.m. to 11 p.m. daily. AHA is requesting to expand the hours until 12:30 a.m., daily. AHA reports the Starpome is used by the students of AHA for their sporting events and is also used by a number of local sports organizations from Richfield and surrounding communities. Participants include children and adults. The activities conducted at the Starpome include soccer, lacrosse, and year -round softball. Due to the various age levels, the younger participants occupy the facility from 4 p.m. to 9 p.m., leaving the later hours for the adult organizations. Since many of the adult participants work, there is a need for later hours to practice. A number of adult leagues are seeking the expanded hours. Holy Angels reports approximately 200 Richfield residents are participants in these adult leagues. In 1996 an amendment was made to the Conditional Use Permit (CUP) to allow for the construction of an athletic field and the Seasonal Sports Facility. There were a number of stipulations of the CUP. One of the requirements was that the hours of operation be limited to 6 a.m. to 11 p.m., Monday through Sunday. In reviewing the case file it was noted that the Starpome was highly debated throughout the neighborhood; especially the hours of operation. Mailings have been sent to the property owners within the surrounding 350 feet of the AHA property. Also, AHA has sent their own letter to those surrounding property owners, which is attached to this report. III. BASIS OF RECOMMENDATION A. POLICY The AHA is located in the 'R- Residential' zoning district. Public and private high schools are conditional uses in the 'R' District. The findings necessary to issue a CUP (546.05, subd.6) are as follows, (when the CUP was granted in 1996 all of the findings listed below were met as noted): a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan calls for a school at this location. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. This requirement is met. There are no adopted redevelopment plans for this area. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. This requirement is met. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is met. e) The use will not have undue adverse impacts on the public health, safety, or welfare. Based on the official records of Public Safety reported in the Critical Issues" section of the staff report this requirement is met. The public hearing will provide an opportunity for expression of concerns by the public should there be any. Currently, the AHA is requesting approval to better serve their students and community residents. f) There is a public need for such use at the proposed location. This requirement is met. The proposed extension of hours is in response to the reported need by leagues. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such conditional use permit. This requirement is met, as explained below. Public and private high schools are a conditional use in the 'R' district, as specified in section 521.07, Subdivision 11 of the zoning code. This section of the Zoning Code specifies four requirements for a conditional use permit to be issued for a high school. These four requirements with which AHA is in compliance are: (When the CUP was granted in 1996 all of the findings listed below were met and the proposed extension of operating hours would not nullify this compliance.) 1. Pick -up and drop -off areas shall be designed to enhance vehicular and pedestrian safety; 2. Outdoor recreational facilities designed for group activities shall be set back at least 40 feet from any lot line; 3. Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties; and 4. Lighted playing fields shall be permitted only upon demonstration that off -site impacts can be substantially mitigated. As of July 1998, the Academy has met all the requirements of the original Conditional Use permit approval. B. CRITICAL ISSUES Upon review of the Public Safety records it was noted that the following calls were recorded: In 2002: In 2003: In 2004: 9/28/02 (Noise complaint -PA system too loud) 9/19/02 (Noise complaint -loud music) 9/9/02 (Noise complaint -no dispatch comments) 6/15/03 (Noise complaint -no dispatch comments) 8/14/04 (Noise complaint -loud music from field) 7/17/04 (Noise complaint -no dispatch comments) There are not any restrictions imposed by the city on hours and use of the PA system at Richfield High School (7001 Harriet Avenue) according to the official zoning files for this property. C. FINANCIAL N/A D. LEGAL Zoning: 'R', Single Family Residential Land Use: Current: High School. Proposed: High School with extended dome hours Comprehensive Plan: School Notification: Neighbors and property- owners within 350 feet Other Actions: Council: Scheduled for City Council public hearing and consideration on February 8, 2005. HRA: N/A Hearing Examiner: N /A. IV. ALTERNATIVE RECOMMENDATION(S Deny the requested amendment to the CUP to allow an extension of dome hours at 6600 Nicollet Avenue. Approve the requested amendment to the CUP to allow for the extension of dome hours at 6600 Nicollet Avenue with stipulations. Provide for extended hours Friday through Sunday only. V. ATTACHMENTS Draft Resolution for City Council Zoning and Land Use map Letter sent to surrounding properties by Holy Angels Site Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING Dr. Jill Reilly, Holy Angels Academy, applicant RESOLUTION NO. RESOLUTION AUTHORIZING AN AMENDMENT TO A CONDITIONAL USE PERMIT 6600 Nicollet Avenue WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to a Conditional Use Permit for a private high school on land generally located at 6600 Nicollet Avenue, legally described as: The north Y2 of the northeast' /4 of the southwest' /4 of section 27, township 28, range 24, excluding roads and excluding the west 25 feet thereof. WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested amendment to a Conditional Use Permit at 6600 Nicollet Avenue at its January 10, 2005 meeting, and WHEREAS, this requested amendment to a Conditional Use Permit at 6600 Nicollet Avenue meets those requirements necessary for issuing a CUP as specified in Richfield's Zoning Code, section 546.05, subd.6, and WHEREAS, the City has fully considered the request for approval of the amendment to the Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. An amendment to the Conditional Use Permit is issued for the expansion of the Seasonal Sports Facility (Starpome) hours to 12:30 a.m. at a private high school, as described in City Staff Report , on the Subject Property legally described above. 2. The amended Conditional Use Permit shall remain in effect for so long as conditions regulating it are observed, and the amended Conditional Use Permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9 Adopted by the City Council of the City of Richfield, Minnesota this 8th day of February, 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AMENDMENT OF CONDITIONAL USE PERMIT - ACADEMY OF HOLY ANGELS JANUARY 10, 2005 ZONING WITHIN 350 FEET T7 L 77/ PC -2 JPC-2 PC -2 1 ©_ is m = C -2 PC -2 R MR -1 MR -2 PG-2 PC -2 G2 66TH ST. G2 ACADEMY OF HOLY ANGELS R R 14a•m IMM Will re+ 68TH ST. F__H I I F-]Rfl I I ZONING SYMBOLS GENERAL COMMERCIAL PLANNED GENERAL COMMERCIAL SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENTIAL MULTI FAMILY RESIDENTIAL- MEDIUM DENSITY N 100 0 100 200 300 400 500 600 700 800 Feet lcomdev%stafflbQWcjectMaha dome 3wr.apr 2 10 -27 -04 AMENDMENT OF CONDITIONAL USE PERMIT - ACADEMY OF HOLY ANGELS JANUARY 10,2005 LAND USES WITHIN 350 FEET Q COM Z COM APT Iii i i ice, COM 66TH ST. ACADEMY OF HOLY ANGELS SCHOOL CHURCH CHURCH 68TH ST r--n m . rml rn LAND USE SYMBOLS COM = COMMERCIAL RES = SINGLE FAMILY RESIDENTIAL DPLX =TWO FAMILY RESIDENTIAL APT = APARTMENT BUILDING 100 0 100 200 300 400 500 600 700 800 Feet lcomdevAstaftftrojecWs aha dome 3wr.apr 3 millm COM COM COM RES RES RES RES RES RES RES RES DPLX RES RES RES RES Wa RES RE 7 RES S a RES N z RES FTFTT N 10 -27 -04 A C A D E M Y O F HOLY *ANGELS December 16, 2004 Dear Richfield Neighbor, Based upon requests from local adult recreational groups, the Academy of Holy Angels has asked the Richfield City Council for permission to increase operations of our Starpome facility by one hour. We invite you to attend a Richfield City Planning Commission meeting on Monday, . Jan. 10 at 7 p.m. at City Hall (67th and Portland) where this will be discussed. As you may know, a large number of community youth groups and adult recreational groups rent the Starpome during the day and evening. Currently, community youth groups utilize the Starpome until 9 p.m., followed by adult recreational groups. Some adult recreational groups have asked Holy Angels to extend the closing time from 11 p.m. to midnight when the Dome is inflated in order to have a large enough block of time to include all those who wish to play and to meet the needs of these organizations. The number of people using the Starpome is not expected to increase during the additional hour, and traffic and noise levels are expected to remain the same. Holy Angels has adequate parking to honor this request and provides adult supervisory staff until closing. We also have replaced lights on the StarD.ome so there is even less light reflecting from the Dome in the evening. In the recent past, Richfield Police Chief Dan Scott has reported no complaints about the Starpome or its operation while the Starpome is inflated. If you have any questions or concerns about this request, please contact Starpome Manager Greg Trebil at (612) 798 -2626 or gtrebil @ahastars.org or me at (612) 798 -2611 or jreilly @ahastars.org. Sincerely, Jill M. Reilly, Ed.D. President 6600 Nicoll et Avenue South Richfield, Minnesota 55423 4 t y O 0 o O O 0 0 0 0.0 0 0 O O O s 9 O 00 0 hs1f z aO i -µi`a [ JI 4 o x —x -x —x OFr I x x —x x —x J x x x I I i -------------------------------------- -- - - -- x I I x I I x I III , x I I x I w I i I ' I iII x I Q x I cn I i I I I OI 00 0 o O li00 '. o 0--0. 00 o I 0 0 ° ' I 000 I I I . l I Ob WE CO a i W ~ o COa AGENDA SECTION AGENDA ITEM # REPORT # CASE # PUBLIC HEARING 005CUP02 moAd PLANNING COMMISSION STAFF REPORT PC MEETING DATE: JANUARY 10, 2005 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing regarding consideration of a request for a Conditional Use Permit at 6417 Lyndale Avenue (Woodlake Plaza Shopping Center) to allow for a restaurant with customer seating in the "C -2" zoning district. 111. RECOMMENDED ACTION: 11 Conduct and close a public hearing and by motion: Recommend approval of a Conditional Use Permit at 6417 Lyndale Avenue Woodlake Plaza Shopping Center) to allow for a restaurant with customer seating in the "C -2" zoning district. II. BACKGROUND Ms. Claudia Zermeno is proposing to open a caf6 with customer seating in a tenant space at the Woodlake Plaza Shopping Center (6417 Lyndale Avenue). The cafe will occupy 695 sq. ft. of the shopping center. The hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Saturday. The cafe will operate with two employees initially. The tenant space for the applicant is located at Woodlake Shopping Center. There is parking provided for the entire center at the site. In 1993 an Off - Street Parking permit was approved for the restructuring of the parking lot, which improved access for the customers and tenants. In 1992, a variance for the shopping center was approved for a 6 foot high fence along the rear property line that abuts the residential properties located behind the shopping center. III. BASIS OF RECOMMENDATION A. POLICY A traditional restaurant with customer seating is classified as a Conditional Use Permit (CUP) in the C -2 district. The findings necessary to issue a CUP (526.27, subd.7) are as follows: a) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. This requirement is met. The Comprehensive Plan calls for `Community Commercial' at this location. A caf6 is a community use that provides services to everyone in the community. b) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. There are no officially adopted redevelopment or urban design guidelines that would dictate this project since it is locating in an existing retail shopping center. The site is within the Lakes at Lyndale area. Redevelopment at this location is a low priority. c) The proposed use is or will be in compliance with the performance standards specified in Section 541 of this code. All performance standards are existing already. There is a 6 foot fence in place to screen the residential properties behind the shopping center from the parking. Any of these requirements would be required of the property management company who is not apart of this request. d) The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. This requirement is not applicable. e) The use will not have undue adverse impacts on the public health, safety, or welfare. This requirement is met. The primary concerns associated with the cafe would be parking. The center contains approximately 25,000 sq. ft. of building area. Parking standards require 99 spaces. In 1993 an Off - Street Parking permit was approved to reduce the number of parking spaces to improve access to 97 spaces. A restaurant such as the one proposed required the greater of 1 space per 60 square feet of gross floor area or 1 space per 2.5 seats. Therefore, this request will require ten parking spaces. f) There is a public need for such use at the proposed location. The proposed use is in keeping with uses in the area. g) The proposed use meets or will meet all the specific conditions set by this code for the granting of such Conditional Use Permit. This requirement is met. The Zoning Code specifies two requirements, which must be met for a restaurant with customer seating. The current request meets all of these requirements, as explained below. 1, The first requirement, is that a buffer yard of not less than 25 feet in width shall be provided to separate all aspects of the use from abutting residential parcels. The shopping center is an already established building and requiring a buffer yard of 25 feet would cause the site to lose parking. There is currently a 7 foot buffer with a 6 foot privacy fence along the back property line of the shopping center. 2. Alcoholic beverages shall not be served unless the lot abuts an arterial or collector street. The proposed cafe will not serve alcoholic beverages, so this not a concern for this use. B. CRITICAL ISSUES N/A C. FINANCIAL N/A D. LEGAL Zoning: 'C -2', General Commercial Land Use: Current: Retail Shopping Center (Woodlake Plaza Shopping Center). Proposed: Shopping center with one of the tenants as a cafe with customer seating. Comprehensive Plan: Community Commercial Notification: Neighbors and property - owners within 350 feet Other Actions: Council: Scheduled for City Council review February 8, 2005. HRA: N/A Hearing Examiner: N /A. IV. ALTERNATIVE RECOMMENDATION(S Deny the requested Conditional Use Permit to allow a restaurant with customer seating at 6417 Lyndale Avenue. Approve the requested Conditional Use Permit to allow a restaurant with customer seating at 6417 Lyndale Avenue with stipulations. V. ATTACHMENTS Draft Resolution for City Council Zoning and Land Use Maps Tenant space site plan Woodlake Plaza Shopping Center site plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING Ms. Claudia Zermeno, applicant David Cleveland, representative for applicant RESOLUTION NO. RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR RESTAURANT WITH CUSTOMER SEATING AT 6417 LYNDALE AVENUE SOUTH WHEREAS, an application has been filed with the City of Richfield which request approval of a Conditional Use Permit to allow a restaurant with customer seating at 6417 Lyndale Avenue South, legally described as: LOTS 12 13 14 15 16 17 AND NWLY 25 FT OF LOT 18 INCL AD) 1/2 OF VAC ALLEY WHEREAS, the Planning Commission of the City of Richfield has recommended approval of this requested Conditional Use Permit at 6417 Lyndale Avenue South at its January 10, 2005 meeting, and WHEREAS, this requested Conditional Use Permit at 6417 Lyndale Avenue South meets those requirements necessary for issuing a Conditional Use Permit as specified in Richfield's Zoning Code, section 546.05, subd.6, and WHEREAS, the City has fully considered the request for approval of the Conditional Use Permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A Conditional Use Permit is issued for a two- family dwelling, as described in City Staff Report No. , on the Subject Property legally described above. 2. This conditional use permit at 6417 Lyndale Avenue South is subject to the following conditions in Section 526.27 Subdivisions 7 of the City's Zoning Ordinance. 3. The conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the Conditional Use Permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the Zoning Ordinance, Section 546.05, Subd. 9. Adopted by the City Council of the City of Richfield, Minnesota this day of 2005. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk CONDITIONAL USE PERMIT - 6417 LYNDALE AVENUE JANUARY 10, 2005 ZONING OF PROPERTIES WITHIN 350 FEET RICHFIELD 63RD ST. ZONING SYMBOLS C -2 = GENERAL COMMERCIAL PC -2 = PLANNED GENERAL COMMERCIAL. MR -3 = MULTI FAMILY RESIDENTIAL - HIGH DENSITY MR -1 = TWO FAMILY RESIDENTIAL R = SINGLE FAMILY RESIDENTIAL N 100 0 100 200 300 400 500 600 700 Feet 12 -22 -04 omdev\staft\bill\pmjects \6417 lyndale 350'r. apr CONDITIONAL USE PERMIT -.6417 LYNDALE AVENUE JANUARY 10, 2005 LAND USES OF PROPERTIES WITHIN 350 FEET 63RD ST, RICHFIELD LAKE LA COM APT DPLX RES PRK 100 0 100 200 300 400 500 600 Feet comdev\staff\bill\projects \6417 lyndale 350'r. apr ND USE SYMBOLS COMMERCIAL APARTMENT BUILDING TWO FAMILY RESIDENTIAL SINGLE FAMILY RESIDENTIAL PARK 3 Z N 12 -22 -04 do + 13 ACY, DOR 5 L611+ CAS W REGlSTFR A P, -EA NAIN RES i 00 5 O O O (N$ORDS S-T O.R,4 - F LCD)lFR1OGF-- WORK TA, ?L `~ kAlvD $INS 14 D; F_1-00 , VkAjK r:,T V M i 743LE5_= a P [-ANTS- 61-17 LY'NDA C— AVE- S: 4 i SCALE I r T. 0.1 SATE: —t —; o. w N ev . c. o _ J 9 W a. r CL O .c Q • e2 / 7 d fA W 5 110 \ 4 m aD Z 0 r d 0 J Z a s J AGENDA SECTION AGENDA ITEM # PC LETTER # CASE # NEW BUSINESS 01 wdgM PLANNING COMMISSION STAFF REPORT PC MEETING DATE: JANUARY 10, 2005 ITEM FOR PLANNING COMMISSION CONSIDERATION: Adopt a resolution establishing 2005 -2006 dates for Planning Commission work sessions and discuss possible topics. I. RECOMMENDED ACTION: Adopt the attached resolution, setting dates for the 2005 -2006 Planning Commission work sessions. II. BACKGROUND 1. The Planning Commission holds regular work sessions to discuss special topics, work on ordinance amendments and for educational purposes. 2. Setting the work session dates by resolution allows for more advanced public notification of the meetings. A. LEGAL Attached resolution. III. ALTERNATIVE RECOMMENDATIONS) 1. Do not adopt the resolution; recommend changes to the Bylaws establishing the work session schedule. 2. Do not adopt the resolution; direct staff to provide public notification for each work session as they occur. RESOLUTION NO. RESOLUTION OF THE RICHFIELD PLANNING COMMISSION ESTABLISHING THE 2005 -2006 WORK SESSION SCHEDULE WHEREAS, the Richfield Planning Commission holds regular work sessions to review special topics and work on special projects. WHEREAS, because the Planning Commission is an advisory body to the City Council, all meetings are open to the public and proper notification of the dates of the meetings is necessary. NOW, THEREFORE BE IT RESOLVED, the Planning Commission will hold its 2005 -2006 work sessions at 7:00 p.m. in the City Hall Council Chambers, 6700 Portland Avenue, on the following dates: Monday, April 11, 2005 Monday, June 13, 2005 Monday, July 11, 2005 Monday, September 12, 2005 Monday, November 14, 2005 Monday, February 13, 2006 Adopted this 10th day of January, 2005 by the Planning Commission of the City of Richfield, Minnesota. CITY OF RICHFIELD, MINNESOTA Chairperson ATTEST: Secretary AGENDA SECTION: AGENDA ITEM # PC LETTER # CASE # NEW BUSINESS 4 02 J PLANNING COMMISSION STAFF REPORT DATE: JANUARY 109 2005 ITEM FOR PLANNING COMMISSION INFORMATION: Topics for the 2005 Planning Commission Work Sessions. I. BACKGROUND Below is the tentative list for the Planning Commission work session topics for the coming year. This schedule is based- on suggestions from Community Development staff. January, 10 2005 1) Special Planning Commission Meeting. February 14, 2005 1) Introduction of new Commissioner(s) and 2) Initial discussion of process that will be used during 2005 and 2006 to update the Comprehensive Plan by the 2007 deadline. 3 Possible Commissioner Retreat" (Would be scheduled for a Saturday) March 14, 2005 1) Tax Increment Financing (TIF) and housing fund how it works? And why use it? with a staff member or guest speaker (Sid Inman) 2 Or switch with April 11, 2005 study session April 11, 2005 1) Presentation by a guest speaker from the Metropolitan Design Center and Michael Schroeder of HNTB to discuss how design can be used to make a community more livable and sustainable. 2 Or switch with March 14, 2005 study session May 9, 2005 1) No study session. June 13, 2005 1) Update on infrastructure projects within Richfield. with staff member from Public Works OR 2) Discussion with Family Friendly Task Force and how their goals relate to the Planning Commission July 11, 2005 1) Annual Bike Tour August 8, 2005 1) No study session for August September 12, 2005 1) Comprehensive Plan update October 10, 2005 1) Joint Meeting with Richfield City Council regarding Annual Report November 7, 2005 1) Review Zoning Ordinance December 12, 2005 1) No study session for December.