072213 PacketPLANNING COMMISSION
AGENDA
July 22, 2013
7:00 p.m.
Introductory Proceedings
Roll Call
Approval of Minutes: Regular Planning Commission meeting of June 24, 2013
Opportunity for Citizens to Address the Commission on items not on the Agenda
Public Hearing
ITEM #1 13-SP-01 Consider site plan approval to allow an adult day care serving
up to 29 persons at 6722 Penn Avenue (continued from June
24, 2013).
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 12, 2013
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".
i Planning Commission
I II`i_Or_ I 7IJK_II;Ili llltl!J(>>
June 24, 2013
MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Susan
Rosenberg, Dennis Schuller, Tom Rublein, Gordon Vizecky,
Dan Kitzberger and Josh Root
MEMBERS ABSENT:none
STAFF PRESENT: Melissa Poehlman, City Planner
Matt Brillhart, Planning Technician
John Stark, Community Development Director
Chris Regis, Finance Manager
OTHERS PRESENT: Luis Caire (EI Tejaban representative)
Miguel Hernandez (EI Tejaban owner)
John Hagen (Westwood Engineering for EI Tejaban)
Denny Czupryna (6521 1St Avenue)
Heather Rittenhouse (6509 1St Avenue)
Kim Shikowsky (6527 1St Avenue)
Tim Carter (Richfield Bloomington Honda manager)
Chris Grote (McDonalds counsel)
Trish Rothe (Kimley-Horn for McDonalds)
Mark Kampmeyer (Ryan Companies representative)
Mark Soderberg (6445 16t" Avenue)
Chairperson Jabs called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
M/Vizecky S/Schuller, to approve the minutes of the May 29, 2013 regular meeting.
Motion carried: 7-0
OPEN FORUM
No members of the public spoke.
NEW BUSINESS
ITEM #1
PC Letter#8 — Consideration of the 2015-2018 Capital Improvement Program and
a finding of consistency with the Comprehensive Plan of the Capital Improvement
Program and 2014 Capital Improvement Budget
Finance Manager Chris Regis presented the 2014 Capital Improvement Budget and
2015-2018 Capital Improvement Program.
In response to a question from Commissioner Root, Regis clarified the nature of the
work on the ice arena.
In response to a question from Chair Jabs, Regis clarified that not all of the 2018
projects have funding sources identified yet.
In response to a question from Commissioner Rublein, Regis outlined the various
funding sources for projects identified in the 2015-2018 CIP.
M/Root S/Rublein, to find that the 2014 CIB and 2015-2018 CIP are in conformance
with the Comprehensive Plan.
Motion carried: 7-0
PUBLIC HEARING(S)
ITEM #2
13-CUP-04— Consideration of a Conditional Use Permit to allow a full service
restaurant with alcohol service (EI Tejaban) at 6519 Nicollet Avenue.
Planning Technician Matt Brillhart (Brillhart) presented the staff report, detailing the
requirements necessary to grant a CUP, and recommended additional criteria outlined
in the resolution.
Chair Jabs opened the public hearing. Luis Caire, Miguel Hernandez, and John Hagen,
all representing the applicant, approached the podium for questions.
In response to a question from Chair Jabs, Caire stated that they were not planning
enhancements to the exterior of the building other than signage. The interior would be
repainted.
In response to questions from Commissioner Rublein, Caire stated that the business
was growing and they had outgrown their current space. Caire stated that they were
not increasing seating capacity over the previous tenant. City Planner Melissa
Poehlman (Poehlman) stated that the while the parking study had been perFormed after
2
Eastern Buffet had closed, the study showed a parking surplus after the addition of a full
service restaurant, based on both industry standards and City requirements.
In response to a question from Commissioner Rublein, Caire stated that the hours of
operation would be 10am — 2am, 7 days a week.
Denny Czupryna (6521 1St Avenue) presented several concerns related to the proximity
of the building to residential properties on
1St Avenue, including noise, deliveries, trash,
odors, smoke, parking, employee vehicle noise, snowplow noise, and general quality of
life. He urged the Commissioners to consider their concerns.
In response to questions from Commissioner Rosenberg, Poehlman stated that the
restaurant could move in by right, if not for the addition of liquor service, as a restaurant
had previously occupied the space. She stated that the liquor license application would
also go before City Council and planning staff did not have any recourse over liquor
license requirements. Poehlman stated that a stipulation related to obeying noise
ordinances could be attached to the conditional use permit. Poehlman stated that odor
control was a newer requirement and none of the existing restaurants in the shopping
center had been subject to that requirement.
Heather Rittenhouse (6509 1St Avenue) stated concerns regarding the safety of children
in the neighborhood and the proximity to an alcohol-serving establishment.
Luis Caire stated that the current location had no issues related to noise complaints and
EI Tejaban's good reputation would follow them to the new location.
In response to questions from Chair Jabs, Caire stated music would include karaoke
and jukebox, no live bands. Caire stated that all deliveries to the restaurant would take
place no later than 5pm. Poehlman stated that the City did not have specific restrictions
on the hours of deliveries. Poehlman stated that newer odor control equipment was
very effective, giving the example of Pizza Luce.
In response to questions from Commissioner Rublein, Brillhart stated that staff had not
received any correspondence from residents. Rittenhouse stated that she had not
received notification. Brillhart clarified that 6501 Nicollet Ave was the legal address of
the property, while 6519 was the suite number.
Kim Shikowsky (6527 1 St Avenue) stated that noise issues happen 24/7 and any study
done by staff would not result in a similar experience.
M/Rublein S/Root, to close the public hearing.
Motion carried: 7-0
Commissioner Rublein stated that a study of noise issues in general was warranted.
In response to a question from Commissioner Root, Poehlman stated that an incident
history was not looked at and planning staff may not have access to that information.
3
Commissioner Vizecky pointed out that commissioning of a study of noise issues falls
under the purview of the City Council, given that noise ordinances are civil citations
administered by Public Safety. Commissioner Rublein amended his previous statement
that the Planning Commission strongly recommends to the City Council that a study be
done.
Commissioner Rosenberg stated she could not support the request without some
additional condition.
Caire stated that it was unfair to convey problems with previous tenants on EI Tejaban.
Hernandez stated that he does not over serve liquor to intoxicated customers.
Community Development Director Stark pointed out that Community Development was
not responsible for the enforcement of noise ordinances. He then read ordinances
related to snowplowing, vehicle noise, and noisy gatherings.
Chair Jabs concurred with other Commissioners' statements about noise issues
needing further study and stated that he was uncomfortable with the 2am closing time.
Commissioner Vizecky stated that the applicant deserves a chance to fail, rather than
the Planning Commission imposing restrictions that they do not deserve. He stated that
another tenant could move in and stay open until 2am, with the exception of liquor
service, without coming in front of the Planning Commission.
In response to a question from Commissioner Rublein, Poehlman stated that the
Commission could put additional stipulations on the CUP, including periodic review by
staff.
Commissioner Root pointed out that liquor licenses do require period review and re-
approval by the City Council and that is the best tool to address these issues.
Poehlman stated that the many of the concerns related to the shopping center as a
whole. She stated that as a stipulation the property owner could be required to meet
with staff to discuss ongoing issues and violations. This could be done by withholding
the certificate of occupancy until this meeting has taken place.
Chair Jabs clarified that he would like the meeting to include the property manager,
staff, and neighbors.
Commissioner Rosenberg concurred that a neighborhood representative be included.
In response to a question from Commissioner Schuller, Poehlman stated that CUP
approval stays with the land, but individual businesses must apply for a liquor license,
which requires City Council approval.
4
M/Rublein S/Root, to recommend approval of the conditional use permit, with an
additional stipulation: That prior to issuance of a certificate of occupancy, the property
owner or management company must meet with staff and a neighborhood
representative to discuss ongoing nuisance issues.
Motion carried: 7-0
ITEM #3
13-IUP-02 — Consideration of an Interim Use Permit to allow Richfield
Bloomington Honda to use City-owned property at 7700 Pillsbury Avenue for
employee parking.
Brillhart presented the staff report.
In response to a question from Commissioner Vizecky, Stark clarified that the Interim
Use Permit was necessary even though it was on City-owned property.
M/Root S/Vizecky, to close the public hearing.
Motion carried: 7-0
In response to a question from Commissioner Rublein, Brillhart stated that the applicant
Honda) was responsible for any financial obligations related to the clearing and repair
of the property.
M/Vizecky S/Root, to recommend approval of the interim use permit for off-site
employee parking at 7700 Pillsbury Avenue.
Motion carried: 7-0
ITEM #4
13-APUD-02 — Consideration of a Conditional Use Permit and major amendment
to the Cedar Point Commons Planned Unit Development to allow a McDonald's
restaurant to occupy one half of the vacant site at the northwest corner of 66th
Street and Richfield Parkway.
Poehlman presented the staff report, highlighting the requirements for a PUD. She
explained in further detail why staff was ultimately recommending denial of the proposal,
including issues with the site layout, building orientation, building materials, and
cohesiveness with the overall Cedar Point Commons development. Poehlman stated
that if the commission recommended and the City Council approved the proposal,
numerous issues regarding access and circulation must be addressed.
Chair Jabs opened the public hearing.
5
Chris Grote (McDonald's counsel) addressed the design issues of the proposed building
as related to Resolution No. 9772, which authorized the Cedar Point Commons Planned
Unit Development in 2006. Grote stated that the proposed design and materials do
complement the existing buildings. He stated that the existing buildings also have their
backs to 66t" Street. He stated that the Home Depot and Target in the development
were allowed to use signature colors and elements in their building designs.
Trish Rothe (Kimley-Horn on behalf of McDonald's) stated the number of parking stalls
was adequate by McDonald's standards. She stated that angled parking was explored
for better traffic circulation through the site, but it would result in fewer stalls. She stated
that a "pork chop island" to channelize traffic at the entrance/exit on could be explored,
but it would have to be a surmountable curb to allow for truck delivery access.
Mark Kampmeyer (Ryan Companies representative) stated that the proposed Three
Rivers trail along Richfield Parkway was a surprise to them, but they had modified the
site plan with its inclusion.
Stark summarized staff's position on the proposal and stated that it was a cumulative
reason for denial, rather than one single item.
In response to a question from Chair Jabs, Poehlman stated that staff had received all
of the available application materials, including the tile samples, before reaching their
conclusion to recommend denial.
In response to questions from Commissioner Rublein, Stark stated that the construction
of Richfield Parkway to the north should alleviate traffic issues in the area.
Mark Soderberg (6445 16t" Avenue) requested clarification on how much of the vacant
lot was included in the proposal and whether access would be available through the
northern half of the lot would remain vacant.
Tim Carter (Richfield Bloomington Honda) stated that this was a market-driven
response and stated his support for the proposal.
M/Root S/Rublein, to close the public hearing.
Motion carried: 7-0
Commissioner Vizecky stated that color alone wasn't enough reason for denial. He
stated that there probably wasn't an alternate site design, including a drive-up window
that could work on this site without other accommodations.
Commissioner Rosenberg stated concerns with the reduction in parking stalls.
6
Commissioner Root stated concerns with the proposal including parking lot landscaping
and lighting, suggesting that the proposal was a square peg in a round hole. At
Commissioner Root's request, Grote again displayed the farades of the building,
detailing the various construction materials.
Rothe explained the difficulty in orienting the building in a different manner and
described how a surmountable curb could be implemented to prevent cars from taking a
left out of the site.
In response to a Commissioner Rublein, Kampmeyer stated that he has marketed the
site to numerous retailers and restaurants since the development opened. He stated
that the sit-down restaurant category was not expanding. Kampmeyer stated that the
completion of Richfield Parkway would increase access to the site and perhaps
increase the marketability of the site
In response to Chair Jabs, Kampmeyer stated that there were vacant retail spaces
available in the development and they had turned down automotive uses.
Chair Jabs reiterated Commission Root's "square peg, round hole" comment and stated
that he felt it just didn't fit.
M/Root S/Rublein to recommend denial of an amendment to the Planned Unit
Development, Conditional Use Permit and Final Development Plan that would allow a
Class III fast food restaurant with drive-up facilities.
Motion carried: 6-1 (Vizecky dissenting)
ITEM #5
13-CUP-04 — Consideration of a Site Plan Approval to allow an adult daycare at
6722 Penn Avenue. Continue public hearing to July 22nd.
M/Vizecky S/Root, to continue the public hearing to the July 22nd meeting of the
Planning Commission.
OLD BUSINESS
None.
LIAISON REPORTS
Community Services Advisory Commission: No report
City Council: Commissioner Schuller
HRA: No report
Richfield School Board: No report
Transportation Commission: No report
Chamber of Commerce: No report
7
Other: Commissioner Schuller gave an update on development around the MOA and Toro's
expansion in Bloomington. Commissioner Rosenberg shared information about the Beautiful
Garden Tour. In response to a question from Commissioner Rublein about the status of a
previously approved CUP for a restaurant at 6439 Lyndale Ave, Poehlman stated that building
permits had been issued and work was underway, but no tenant has been identified. Rublein
stated that the Housing Visioning Task Force would be giving a presentation at the upcoming
City Council meeting. Stark stated that the presentation would be available online.
CITY PLANNER'S REPORT
None.
ADJOURNMENT
M/Vizecky S/Rublein, to adjourn the meeting.
Motion carried: 7-0
The meeting was adjourned by unanimous consent at 9:56 p.m.
Dan Kitzberger
Secretary
8
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 1
REPORT#
CasE# 13-SP-01
PLANNING COMMISSION STAFF REPORT
r
PC MEETING DATE: .TULY 23, 2013
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Public hearing to consider a Site Plan approval to allow an adult day care serving up to 29
ersons at 6722 Penn Avenue continued from June 24, 2013 .
I.RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Recommend
approval of the attached resolution granting approval of a Site Plan
that will allow a day care serving up to 29 persons at 6722 Penn
Avenue.
II. BACKGROUND
Chinese Social Service Center has applied for a permit to operate an adult day care
serving up to 29 persons. A change in the use of a building requires Site Plan approval.
This building was previously used as an office and meeting space.
III. BASIS OF RECOMMENDATION
A. POLICY
A change in the use of a building requires Site Plan approval.
Day care uses require one parking space per five enrolled persons. The
proposed center will serve a maximum of 29 persons and thereby requires 6
parking stalls. The proposed site plan includes eight (8) stalls adjacent to the
north side of the building.
An accessible parking space and loading area must be striped in accordance
with ADA requirements.
The site includes landscaped plantings facing Penn Avenue. The plantings must
be maintained to meet the intent of the Penn Avenue Design Guidelines.
The site is legally nonconforming with regards to impervious surFace coverage.
There is an opportunity to add a limited amount of pervious surFace behind the
buil i y; cve, staff does not believe that IIIGIG Id be any tangible benefit.
In evaluating a site plan, the Planning Commission and Council shall consider its
compliance with the seven criteria outlined in Subsection 547.13 of the City Code
and further articulated in the attached document.
B. CRITICAL ISSUES
Staff recommends approval based on compliance with all criteria.
The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report and
compliance with all other City and State regulations. Permits are required prior to
the commencement of any work.
C. FINANCIAL
The required processing fee has been paid.
D. LEGAL
Notification: Notice of this public hearing was published in the Sun Current in
accordance with State and Local requirements. Properties within 350 feet were
notified by mail.
Council consideration is scheduled for August 13, 2013.
IV. ALTERNATIVE RECOMMENDATION(S
Recommend denial of the proposed Site Plan and change in use with a finding
that the proposal does not meet Code requirements.
V. ATTACHMENTS
Resolution
Site Plan approval requirements
Proposed plans
Planning & zoning maps
Photos
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Ms. Yi Li You, applicant
RESOLUTION NO.
RESOLUTION GRANTING APPROVAL
OF A SITE PLAN
TO ALLOW A COMMERCIAL DAY CARE FACILITY AT
6722 PENN AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of site plan to allow a commercial day care facility serving up to 29 persons for the
parcel of land located af 6722 Penn Avenue, legally described as:
Lots 5 and 6, Block 16, Tingdale Brothers Lincoln Hills Addition, Hennepin County,
Minnesota
WHEREAS, the requested site plan has been reviewed by the City Council and meets
City requirements; and
WHEREAS, the proposed site plan will adequately serve the purpose for which
it is proposed and will not have an adverse effect upon the public safety or general welfare;
and
WHEREAS, the City has fully considered the request for approval for the site plan.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above.
2. A site plan for a commercial day care facility serving up to 29 persons as described in
City Council Report No. , on the Subject Property legally described above is
approved.
3. The approved site plan is subject to the following conditions:
Required plantings in front of the building must be continuously maintained and
include live plant materials during the spring, summer and fall and decor over the
winter;
All trash must be stored inside the building or in an approved enclosure. Trash
plans must be approved by staff prior to the issuance of a Certificate of Occupancy;
The entrances to the building facing Penn Avenue must be covered; either by an
overhang or the installation of awnings.
Parking lot must be re-striped in accordance with the approved plan, including one
accessible parking space and loading area as close as possible to the accessible
entrance;
The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report and
compliance with all other City and State regulations. Permits are required prior to
the commencement of any work;
This approval shall expire one year following the date of approval unless the use has
commenced or a building permit has been obtained and construction begun.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of August
2013.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
Site Plan Approval Requirements
Subsection 547.13
a) Consistency with the various elements and objectives of the City's long range
plans, including, but not limited to, the Comprehensive Plan; In the Penn Avenue
Corridor, the Mixed Use District is intended to be a vibrant, pedestrian-oriented
neighborhood center. The District can accommodate a variety of uses. The
proposal is in keeping with these intentions.
b) Consistency with the purposes of the Zoning Code; The proposal is in keeping
with the purpose of the Zoning Code and the Mixed Use - Community District.
This District is intended to provide locations for a variety of shops and services
that serve the surrounding community. The proposal is in keeping with these
intentions.
c) Preservation of the site in its natural state, insofar as practicable, by minimizing
tree and soil removal, and designing any grade changes so as to be in keeping
with the general appearance of neighboring developed or developing areas; N/A
d) Creation of a harmonious relationship of buildings and open spaces with the
terrain and with existing and future buildings having a visual relationship to the
proposed development; N/A
e) Creation of a functional and harmonious design for structures and site features
including:
i. Creation of an internal sense of order for the various functions and
burldings on the site and provision of a desirable environment for
occupants, visitors and the general community;
ii.Appropriateness of the amount and arrangement of open space and
landscaping to the design and function of the development;
iii. Appropriateness of the materials, textures, colors and details of
construction as an expression of the design concept of the project and
the compatibility of the same with the adjacent and neighboring
structures and functions; and
iv. Adequacy of vehicular, cycling and pedestrian circulation, including
walkways, interior drives and parking, in terms of location and number
of access points to the public streets, width of interior drives and
access points, general interior circulation, separation of pedestrian,
cycling and vehicular traffic and arrangement and amount of parking so
as to be safe, convenient and, insofar as practicable, compatible with
the design of proposed buildings, structures and neighboring
properties.
The striping of accessible parking spaces near the front building entrance wilf
bring the building into compliance with ADA requirements. Adequate parking
is provided on site. The existing landscaping along Penn Avenue will be
maintained to improve curb appeal of the building. There is limited
opportunity to improve the site further given the placement and size of the
building.
f) Creation of an energy-conserving design through design location, orientation and
elevation of structures, the use and location of glass in structures, and the use of
landscape materials and site grading; N/A
g) Protection of adjacent and neighboring properties through reasonable provisions
for such matters as surface water drainage, sound and sight buffers, preservation
of views, light and air, and those aspects of design, not adequately covered by
other regulations, which may have substantial effects on neighboring land uses;
No changes to surface water drainage, sound and/or sight impacts, views, etc.
are anticipated.
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Path: I:\GIS\Community Development\StafflPlanning Tech\Projects\6722 Penn Z.mxd
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Path: I:\GIS\Community Development\StafflPlanning Tech\Projects\6722 Penn CP.mxd
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