072312 PacketAl PLANNING COMMISSION
RICHFIELD AGENDA
July 23, 2012
7:00 p.m.
Introductory Proceedings
Roll Call
Approval of Minutes: Study session of June 25, 2012 and regular meeting of June 25, 2012
Opportunity for Citizens to Address the Commission on items not on the Agenda
Public Hearing
ITEM #1 12-CUP-06 Conditional Use Permit to allow a restaurant at 6439 Lyndale
Avenue
New Business
Old Business
Liaison Reports
Community Services Advisory Commission
City Council
Housing and Redevelopment Authority(HRA)
Richfield School Board
Transportation Commission
Chamber of Commerce
Other
City Planner's Report
Next Meeting Date: August 6, 2012, 5:30 p.m. PC Study
Session
Adjournment
Auxiliary aid for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612/861-9738".
RCIICTY
HFIE
OF
LD Planning Commission Study
A Session Minutes
June 25, 2012
MEMBERS PRESENT: Commissioners Robert Hall, Josh Root, Tom Rublein,
Gordon Vizecky, Daniel Kitzberger
MEMBERS ABSENT:Chair, Rick Jabs; Maureen Scaglia, Dennis Schuler
STAFF PRESENT: John Stark, Community Development Director
Julie Urban, Housing Specialist
OTHERS PRESENT: None
Vice-Chairperson Vizecky called the meeting to order at 6:07 p.m.
ITEM #1 Presentation Regarding the City's Single Family Housing Programs
Housing Specialist Julie Urban presented information and answered Commissioner
questions regarding the City's single-family housing programs, including:
Challenges and opportunities with the City's housing stock;
Remodeling education and resources,
Financing Programs,
New Construction,
Foreclosure Prevention, and;
Future trends.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:59 p.m.
Dan Kitzberger
Secretary
CITY F
RICHFIELD Planning Commission
Minutes
June 25, 2012
MEMBERS PRESENT: Chair Rick Jabs, Commissioners Robert Hall, Josh Root,
Tom Rublein, Gordon Vizecky, and Dennis Schuler
MEMBERS ABSENT:Maureen Scaglia, Daniel Kitzberger
STAFF PRESENT: John Stark, Community Development Director
Corrine Heine, City Attorney and Chris Regis, Finance
Manager
OTHERS PRESENT: None
Chairperson Jabs called the meeting to order at 7:03 p.m.
APPROVAL OF MINUTES
M/Rublein, S/Root to approve the minutes of the Regular Planning Commission Meeting
of May 29, 2012.
Motion carried: 6-0
OPEN FORUM
No members of the public spoke.
NEW BUSINESS
ITEM #1
PC Letter#11 — Consideration of the 2014-2017 Capital Improvement Program and
a finding of consistency with the Comprehensive Plan of the Capital Improvement
Program and the 2013 Capital Improvement Budget
Finance Manager, Chris Regis provided the presentation.
June 25, 2012
Questions/Comments:
Commissioner Root had questions regarding; intercity connector process/timing; Taft
Lake/north Richfield money; and Railroad signage.
Commissioner Schuller inquired about detailed expenditure reports. Regis stated that
we do not have these for future years (they are estimates only), but there are detailed
reports from actual expenses from previous years, on a project-by-project basis.
Commissioner Schuller urged Commissioners to vote no as a way to protest rising
government costs.
MNizecky, S/Rublein to approve the 2014-2017 Capital Improvement Program and
finding of consistency with the Comprehensive Plan of the Capital Improvement
Program and the 2013 Capital Improvement Budget.
Motion carried: 5-1 (Schuller— no)
ITEM #2
PC Letter#12 —Approve the rescheduling of the regular August Planning
Commission Study Session from August 13th to August 6th starting at 5:30 p.m.
Community Development Director Stark (Director Stark) presented the staff report.
M/Root, SNizecky to approve the rescheduling of the regular August Planning
Commission Study Session from August 13th to August 6th
starting at 5:30 p.m.
Motion carried: 6-0
PUBLIC HEARING(S)
ITEM #3 Consideration of 1) a Comprehensive Plan Amendment changing the
designation of the property from High Density Residential to
Community Commercial/Office; 2) rezone the property from Mixed
Use — Community (MU-C) to Planned Mixed Use (PMU) and 3) final
development plan and conditional use permit for an auto body repair
shop at 301 West 77th Street
Director Stark presented the staff report. Related the history of proposed developments
for this property. LaMettry is willing to sell their existing property to Richfield
Bloomington Honda (HB Honda) provided they can relocate within the immediate area.
Housing and Redevelopment Authority (HRA) will consider sale at their July 2012
meeting. Site is in a transitional area and could be suitable for commercial or
2
June 25, 2012
residential. The proposed development deviates from zoning because it is only one
story and is not set back from the railroad tracks on the east side.
Rick LaMettry (LaMettry) introduced himself, stated he has been in business here since
1981, and offered to answer questions.
Chair Jabs asked how they would fit in with Candlewood. LaMettry responded that
architecture, materials and landscaping would be higher quality than most fast food.
Chair Jabs open the public hearing:
Commissioner Hall asked about operations (noise, odors, hours, etc.)
LaMettry addressed the issue of fumes by stating that they are switching to water based
paints which will greatly reduce odors and top of the line EPA approved filters are used.
LaMettry stated hours are 6:00 a.m. — 7:00 p.m. Monday-Friday. Vehicles are in on
Monday, are worked on and out by the end of the week. The site plan includes a
screened area for storage. LaMettry stated that they have received no complaints over
the years. Cars turn over quickly (weekend cars do not arrive on the site until they are
set to be repaired).
Commissioner Vizecky asked if there are any issues with staff's additional stipulations.
LaMettry stated no, but feels that Candlewood parks perpendicular to the drive aisle, so
that should not be an issue with his proposal.
Commissioner Hall asked if LaMettry has an issue with cross parking agreement.
LaMettry answered no, they would like to preserve it.
Commissioner Schuller asked if it would be a one story building. LaMettry stated yes,
15' in height.
Chair Jabs sought clarification on where disabled cars would be parked. LaMettry
indicated they would not be visible from 77th Street.
LaMettry stated he expects that Candlewood will use some of his stalls on the north
side of building so the cross parking agreement will work.
Joe Hoover 7627 Harriet Avenue — supportive of plan. Design issue should have
shielding for lights. Concern about paint odors.
Tim Carter, Managing Partner RB Honda. Supportive of project for two reasons:
1. Because they have been a neighboring property owner in very good standing for
a long time.
2. Because it will allow RB Honda to expand. Would like to see the proposal go
forward quickly.
M/Root, SNizecky to close the public hearing.
3
June 25, 2012
Motion carried: 6-0
Commissioner Rublein felt that the City does not have a cohesive plan for this area.
Director Stark stated that he worked with a broker to market the site from 1998-2002.
Broker said restaurant developers want 1) visibility from 1-494; 2) proximity to interstate;
and 3) demographics.
In 2002, staff sought out Culvers. Worked with them for over a year. Culvers turned
down the site in 2004. Was told that in 2005 Culvers asked again and staff said it
needed to be two stories.
Commissioner Rublein doesn't think City knows what it wants in the area. He stated
that the designation has changed a couple of times and he's baffled why there isn't a
restaurant there. Reluctant to revisit designation without more comprehensive study.
Commissioner Vizecky stated that the property has been vacant for 20 years and the
market has not expressed an interest in a restaurant. This situation involves two long-
standing Richfield Businesses that want to improve.
Chair Jabs stated that he never thought this area was good for housing. Too busy and
too much traffic. Better to have two businesses expand than wait for restaurant.
Concern is that damaged cars not be visible from 77th Street.
Chair Jabs stated that this is a chance to act in a way that benefits two good businesses
within the City instead of continuing to wait.
Commissioner Hall concerned about potential impacts on Candlewood. Asked about
employment. Rick LaMettry answered that employment won't change. Tim Carter
stated that employment would grow from 90 to 115 if the RB Honda expansion went
forward.
M/Root, SNizecky to approve as recommended.
Motion carried: 6-0
ITEM #4 12-PUD, 12-FDP, 12-CUP=05, 12-RZN-03 Continuation from May 28,
2012 — consideration of rezoning and planned unit development at
7641 Pleasant Avenue (Pillsbury Commons)
Director Stark presented the staff report.
Commissioner Rublein asked about the status of the option and asked whether it would
be appropriate to act.
Corrine Heine, City Attorney stated no because they don't control the site.
Chair Jabs felt that the Comprehensive Plan failed to address many of the issues
specific to this proposal.
4
June 25, 2012
Commissioner Vizecky stated studies demonstrate need for additional two-three
bedroom units. Under the circumstances (lack of property ownership and consent of
property owners) agrees with staff report.
Commissioner Vizecky stated that the letter to the editor regarding this proposal from
Commissioner Hall was inappropriate.
Commissioner Rublein stated repeatedly over the years that the Comprehensive Plan
inadequately addresses affordable housing.
M/Rublein, S/Hall to adopt the recommended action.
Motion carried: 6-0
ITEM #5 PC Letter#13
Continuation from May 28, 2012 — consider a finding of consistency
for land sale related to (Pillsbury Commons)
Director Stark presented the staff report.
M/Hall, S/Rublein to adopt the recommended resolution.
Motion carried: 6-0
ITEM #6 PC Letter#14
Continuation from May 29, 2012 — consider a finding of consistency
for the proposed modifications to the Redevelopment Plan and
Pillsbury Commons TIF Plan related to Pillsbury Commons
No action was required on this item because the Richfield HRA rejected the proposed
TIF Plan Establishment and Modification.
LIAISON REPORTS
Community Services Advisory Commission: Commissioner Rublein
City Council: No report.
HRA: Commissioner Root
Richfield School Board: Commissioner Rublein
Transportation Commission: Commissioner Rublein (in absence of Scaglia)
Chamber of Commerce: Commissioners Vizecky and Rublein.
Other: No report
5
June 25, 2012
ADJOURNMENT
The meeting was adjourned by unanimous consent at 9:03 p.m.
Dan Kitzberger
Secretary
6
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 1
REPORT#
CASE# 12-CUP-06
rill PLANNING COMMISSION STAFF REPORT
RICHFIELD
PC MEETING DATE: JULY 23, 2012
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Public hearing to consider a request for a Conditional Use Permit for a full-service restaurant at
6439 Lyndale Avenue.
I.RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Recommend
approval of a Conditional Use Permit for a full-service restaurant at
6439 Lyndale Avenue.
II. BACKGROUND
The City has received an application requesting a conditional use permit for a full-
service (food and intoxicating beverage service) restaurant at 6439 Lyndale Avenue.
The proposed restaurant would occupy approximately 2,000 square feet of the existing
strip mall and the primary changes would be internal to the building. A tenant has not
been determined and the applicant has been made aware of the fact that there are
many Building and Health Code requirements that will have to be addressed once
interior specifics are provided.
III. BASIS OF RECOMMENDATION
A. POLICY
Full-service restaurants with alcohol service are conditionally permitted in the General
Commercial (C-2) District so long as the lot abuts an arterial or collector street. This
requirement is met (lot abuts Lyndale Avenue).
In order to grant a conditional use permit, the Council must find 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. This requirement is met. The 66th Street and Lyndale Avenue
area is designated as "Mixed Use" in the Comprehensive Plan. The stated intent of this
designation is "to focus on creating a city center in Richfield that would serve as a
downtown." One of the ways in which this is to be achieved is through providing
additional commercial opportunities in the area.
b) The proposed use is consistent with the purposes of the Zoning Code and the
purposes of the zoning district in which the applicant intends to locate the proposed
use. This requirement is met. The General Commercial (C-2) District is intended to
provide space for a wide variety of retail and service businesses. The "City expects
these businesses] to have an attractive appearance from all sides, to be compatible
with nearby residential properties, to minimize adverse effects on surface waters, and to
not significantly degrade the level of service or safety on nearby roads."
c) The proposed use is consistent with any officially adopted redevelopment plans or
urban design guidelines. This requirement is met. The Mission of the Lakes at Lyndale
Plan is to make this area "Richfield's thriving urban center" through "upgrade[s to]
commercial properties..." The proposal will utilize currently vacant space and includes
additional landscaping that will improve the look of the existing building.
d) The proposed use is or will be in compliance with the performance standards
specified in Section 544 of this Code. This requirement is met. This site is considered
legally nonconforming. The applicant has worked to make improvements in order to
approach the intent of the Code where possible and practical. Staff recommends that
approval be conditioned upon:
1) Combination of the parcels located at 6439 and 6463 Lyndale Avenue or
execution of a permanent parking agreement between the two. The submitted
Parking Capacity Study completed by Spack Consulting is based on shared
parking between the two parcels.
2) Final approval of trash enclosure plans by the Community Development
Director.
3) Screening of all mechanical and utilitarian items from public areas.
4) Restriping of parking stalls and crosswalks.
5) Provision of both accessible parking spaces and routes in accordance with
the Minnesota Building Code.
6) Final approval of landscaping plans by the Community Development Director.
7) Installation of all new utilities must be underground.
8) Odor control is required.
e) The proposed use will not have undue adverse impacts on government facilities,
utilities, services or existing or proposed improvements. This requirement is met. The
submitted plans have been reviewed by the Public Works Department and no undue
adverse impacts are anticipated.
t) The use will not have undue adverse impacts on the public health, safety or welfare.
This requirement is met. No undue adverse impacts are anticipated.
g) There is a public need for such use at the proposed location. This requirement is
met. The rehabilitation/re-use of vacant buildings is an integral part of enhancing
Richfield's "downtown."
h) 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.
B. CRITICAL ISSUES
All requirements necessary for the issuance of a conditional use permit are
met.
Minor site design issues (accessible parking and routes) can be addressed as
part of the Building Permit process.
If approved, this permit will remain valid for one year unless a Building Permit
has been issued and substantial work completed. The applicant is aware of
this deadline.
Due to an unexpected staff absence, this public hearing was not posted in the
Sun Current newspaper. Mail notice was sent to properties within 350 feet of
the site. Because of this error, the City Council will also hold a public hearing
related to this item on August 13th. Members of the public do not need to
speak at both hearings. A summary of public comments made before the
Planning Commission will be provided to the City Council.
C. FINANCIAL
The required processing fee has been paid.
D. LEGAL
Zoning: C-2 (General Commercial)
Land Use: Current: Vacant area of strip retail center
Proposed: Full-service restaurant
Comprehensive Plan:Mixed Use
Notification: Properties within 350-feet
Other Actions:
Council: City Council consideration August 13, 2012
HRA: N/A
Hearing Examiner: N/A
IV. ALTERNATIVE RECOMMENDATION(S)
Recommend denial with a finding that the proposed use would have an adverse
impact on surrounding properties or the City as a whole.
V. ATTACHMENTS
Resolution
Proposed plans
Planning & zoning maps
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Bruce Hinks, HNC Properties LLC
RESOLUTION NO.
RESOLUTION APPROVING A
CONDITIONAL USE PERMIT
FOR A FULL-SERVICE RESTAURANT
AT 6439 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests a
conditional use permit to a full-service restaurant with a floor area of 1,980 square feet at
property commonly known as 6439 Lyndale Avenue, property legally described as:
DRAFT DESCRIPTION - Lots 4, 5, 19, 20 and the southeasterly 43 feet of Lot 18
including that part of adjacent vacated alley lying southerly and southwesterly of a line
described as beginning at the most northerly northeast corner of Lot 5 in Block 6 thence
westerly on a line passing thru the southwest corner of Lot 6 thereof to the center line of
said vacated alley adjacent northeasterly line of said Lot 18 thus northwesterly along
said center line to angle point and said line there terminating, Hennepin County,
Minnesota
WHEREAS, the Planning Commission of the City of Richfield recommended approval of
this requested conditional use permit at its July 23, 2012 meeting; and
WHEREAS, this requested conditional use permit meets the requirements necessary
for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09;
and
WHEREAS, this requested conditional use permit meets the requirements necessary
for issuing a conditional use permit for a full-service restaurant with intoxicating beverage
service as specified in Richfield's Zoning Code, Section 534.07, Subdivision 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 to allow a full-service restaurant with a floor area
of 1,980 square feet, as described in City Council Letter No. on the Subject
Property legally described above.
2. This conditional use permit is subject to the following conditions in addition to those
specified in Section 547.09 of the City's Zoning Ordinance:
6439 and 6463 Lyndale Avenue must be combined into a single property or a
permanent parking agreement between the two must be executed and proof
provided to the City;
Odor control is required;
Final approval of trash enclosure plans by the Community Development
Director;
Final landscaping plans shall be submitted to and approved by the
Community Development Director;
Final site plans addressing accessible parking spaces and accessible routes
be submitted to and approved by the Community Development Director and
Building Official;
All parking stalls and crosswalks must be restriped;
All mechanical and utilitarian items must be screened from public areas;
Any new utilities must be installed underground;
Sign permits must be applied for separately. This approval does not
constitute approval of any signs;
That the recipient of this conditional use permit record this Resolution with the
County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the
City's Zoning Ordinance Section 546.05, Subd. 7.
Prior to the issuance of an occupancy permit, the Developer shall:
a) Submit a copy of the recorded conditional use permit; and
b) Submit a surety equal to 125% of the value of any landscaping
improvements not yet complete.
3. This conditional use permit shall expire one year after it has been issued unless 1)
the use for which the permit was granted has commenced; or 2) Building permits
have been issued and substantial work performed; or 3) Upon written request of the
applicant, the Council extends the expiration date for an additional period not to
exceed one year. Expiration is governed by the City Zoning Ordinance, Section
547.09, Subdivision 9.
4. This 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 City's Zoning
Ordinance, Section 547.09, Subd. 10.
Adopted by the City Council of the City of Richfield, Minnesota this 14th day of August
2012.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
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