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042814 PacketPLANNING COMMISSION AGENDA April 28, 2014 7:00 p.m. Introductory Proceedings Roll Call Approval of Minutes: Regular Planning Commission meeting of February 24, 2014. Opportunity for Citizens to Address the Commission on items not on the Agenda Public Hearing ITEM #1 14-APUD-02 Amend Planned Unit Development for Richfield-Bloomington Honda at 501 77th Street West. Amendment will allow additional parking on the roof of the Honda building, minor site changes and changes to exterior building materials. ITEM #2 14-CUP-01, Conditional Use Permit and variances for a 14-VAR-01 telecommunications tower at 1901 66th Street East (Public Works building). ITEM #3 PC Letter#7 Consider amendments to the City's Zoning Ordinance. The proposed ordinance would remove/correct outdated terminology related to fitness centers and voltage requirements for home occupation; clarify a number of definitions; allow home occupations to operate within garages; correct, add and standardize a number of references; add parking requirements for two-family and cluster housing developments; revise setbacks in the Service- Office District; clarify language related to drive-thru facilities in the Mixed Use Districts; and clarify screening and temporary banner requirements. 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 Dates: Wednesday, May 28, 2014 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". Planning Commission Minutes February 24, 2014 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Susan Rosenberg, Dan Kitzberger, Tom Rublein, Gordon Vizecky, and Charles Standfuss MEMBERS ABSENT:Commissioner Josh Root STAFF PRESENT: Melissa Poehlman, City Planner Matt Brillhart, Planning Technician OTHERS PRESENT: None Chairperson Jabs called the meeting to order at 7:01 p.m. APPROVAL OF MINUTES M/Rublein, S/Vizecky to approve the minutes of the January 27, 2014 regular meeting. Motion carried: 6-0 OPEN FORUM No members of the public spoke. PUBLIC HEARING(S) NEW BUSINESS ITEM #1 PC Letter No. 2 — Election of Chairperson, Vice-Chairperson, and Secretary M/Rosenberg, S/Vizecky to re-elect Chairperson Jabs as 2014 Chairperson. Motion carried: 6-0 February 24, 2014 M/Kitzberger, S/Vizecky to elect Commissioner Rosenberg as 2014 Vice-Chairperson. Motion carried: 6-0 M/Vizecky, S/Rosenberg to elect Commissioner Rublein as 2014 Secretary. Motion carried: 6-0 ITEM #2 PC Letter No. 3 — Appointment of liaisons to the Community Services Advisory Commission, City Council, Housing and Redevelopment Authority (HRA), School Board and Transportation Commission. 2014 Liaison Appointments: Community Services Advisory Commission — Commissioner Rublein (alt. Jabs) City Council — Commissioner Rosenberg Housing and Redevelopment Authority — Commissioner Root School Board — Commissioner Kitzberger Transportation Commission — Commissioner Standfuss Commissioner Vizecky will continue to report on the Chamber of Commerce. ITEM #3 PC Letter No. 4— Consider approval of Planning Commission Bylaws Staff not recommending any changes to the bylaws. Bylaws were adopted by unanimous consent. ITEM #4 PC Letter No. 5 — Discuss dates and topics for 2014 PC Study Sessions Poehlman presented potential dates and topics; will keep Commissioners updated on possible joint meeting with Bloomington and Edina Planning Commissions. No action necessary. ITEM #5 PC Letter No. 6 — Reschedule the regular May 2014 Planning Commission meeting from May 26, 2014 (Memorial Day holiday) to Wednesday, May 28, 2014. M/Vizecky, S/Kitzberger to reschedule the meeting date. Motion carried: 6-0 OLD BUSINESS 2 February 24, 2014 None. LIAISON REPORTS Community Services Advisory Commission: Commissioner Jabs gave an update on the community bandshell project City Council: No report HRA: No report Richfield School Board: Commissioner Kitzberger Transportation Commission: No report Chamber of Commerce: Commissioner Vizecky Other: None CITY PLANNER'S REPORT Poehlman reminded the commission of upcoming joint meetings and invited commissioners to attend the upcoming commissioner orientation session. ADJOURNMENT M/Vizecky, S/Rublein to adjourn the meeting. Motion carried: 6-0 The meeting was adjourned by unanimous consent at 7:20 p.m. Tom Rublein Secretary 3 AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 1 REPORT# CASE# 14-APUD-02 PLANNING COMMISSION STAFF REPORT PC MEETING DATE: APRIL 28, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing regarding a proposed amendment to the Final Development Plan and Conditional Use Permit for the Richfield-Bloomington Honda and Mitsubishi Planned Unit Development. The proposed amendment requests the addition of parking on the roof of the Honda building as well as minor site and material changes. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of an amended Planned Unit Development, Conditional Use Permit and Final Development Plan for Richfield-Bloomington Honda. II. BACKGROUND Last June, the City Council approved redevelopment plans for a new Richfield- Bloomington Honda and Mitsubishi campus along Interstate 494. The Mitsubishi building is under construction now and construction of the Honda building is expected to begin late spring or early summer. In the course of preparing final building plans, the project has undergone a revision that is mathematically large enough to require Council approval of an amendment. The anticipated impact of the changes; however, are minimal. The revised Honda project will include the addition of parking on the entire roof of the Honda building. More than a five percent change in the number of parking spaces for a project is considered a Major Amendment. The proposal will add 143 spaces, which will be used to store vehicles requiring service. These vehicles will require minor service as opposed to body work. Additional minor changes to the building footprint have been made which will decrease the front setback by approximately six feet and increase interior square footage slightly along both the west and south sides of the building. The developer is also requesting a change in the primary exterior material from EIFS to precast concrete. The type and color of precast proposed was recently used in the construction of the Luther Brookdale Honda facility. While the physical changes to the site mathematically classify this as a "major" amendment, the noticeable changes to the site will minimal. III. BASIS OF RECOMMENDATION A. POLICY In 2005, the City adopted an 1-494 Corridor Master Plan which has since been incorporated into the City's Comprehensive Plan. These plans stress a mix of uses, walkability, cohesive design and active uses. The Honda property was rezoned to become a Planned Unit Development in 2013. Planned Unit Developments are intended to encourage the efficient use of land and resources and to encourage innovation in planning and building. In exchange for these efficiencies and superior design, flexibility in the application of dimensional requirements is available. There are a number of different sets of review criteria that apply to this proposal. A full discussion of all requirements is included as an attachment to this report. More than a five percent change in the number of parking spaces provided as part of a planned unit development constitutes a major amendment. Any change in approved building setbacks is also considered a major amendment. Major amendments are to be considered by the Planning Commission at a public hearing and decided upon by the Council. Parking — The parking to be added is on the roof of the approved building. It will not add additional impervious surface significantly change the look of the building/site. Setbacks —There will be a small decrease in the front setback as the building is expanded to the north. The proposal will reduce the front setback from 28 feet to 22 feet, bringing it closer to compliance with the maximum 15-foot setback in this District. Changes to building materials, parking lot/island configuration and slight increases to building area are considered minor amendments and are generally reviewed at the staff level. Building Materials —The primary material will change from EIFS to precast concrete. The proposed finish will be the same and there will be little to no noticeable difference. Parking Lot Configuration — Minor changes to parking islands have been made in order to accommodate an enlarged trash room and stairwell. There have been no overall changes to impervious surface. Building Floor Area — The interior floor area of building has increased from 107,000 sf to 118,000 sf. Roof parking is not included in this calculation. The increased square footage is in keeping with the Regional Commercial/Office designation. B. CRITICAL ISSUES Although mathematically the proposed changes are classified as "major" amendment, they will have little impact on the functioning or look of the site from a public perspective. C. FINANCIAL Required application fee has been paid. D. LEGAL Zoning: PMU (Planned Mixed Use) Land Use: Multi-dealership campus Comprehensive Plan: Regional Commercial/Office Notification: Notice of the hearing was mailed to properties within 350 feet of the proposed development and published in the Sun Current Newspaper. Other Actions: Council: Scheduled consideration May 13, 2014 Stipulations of Approval: 1. A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. 2. The property must be platted and the plat recorded prior the issuance of a building permit. 3. All conditions of the previous Planned Unit Development remain in effect. 4. The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Reports dated May 9, 2013 and April 8, 2014, and compliance with all other City and State regulations. 5. Prior to the issuance of an occupancy permit the developer must submit a surety equal to 125% of the value of any improvements not yet complete. 6. This permit shall expire one year after it is has been issued unless: 1) the use for which the permit was granted has commenced; 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. IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the amended Final Development Plan and Conditional Use Permit for the proposed Planned Unit Development with additional and/or modified conditions. Recommend denial of the amended Final Development Plan and Conditional Use Permit for the proposed Planned Unit Development with a finding that the proposed project does not meet City requirements. V. ATTACHMENTS Resolution Required Findings Proposed plans Planning & Zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING Tim Carter - General Manager Richfield-Bloomington Honda John Oney & Dave Kaldy - Architectural Alliance RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT AT 401-77TH STREET WEST, 501-77TH STREET WEST, 7724 HARRIET AVENUE, 400-78TH STREET WEST, 500-78TH STREET WEST AND 520-78TH STREET WEST WHEREAS, an application has been filed with the City of Richfield which requests approval of an amendment to the Final Development Plan and Conditional Use Permit for a Planned Unit Development to allow construction of an automobile dealership and service campus at 401 — 77th Street West, 501 — 77th Street, 7724 Harriet Avenue, 400 — 78th Street West, 500 — 78th Street West and 520 — 78th Street West and legally described in the attached Exhibit A: WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested amendment at its April 28, 2014 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to properties within 350 feet of the subject property on April 17, 2014; and WHEREAS, the request meets those requirements necessary for approving a planned unit development as specified in Richfield's Zoning Code, Section 542.09, Subd. 3 and as detailed in City Council Staff Report No. and WHEREAS, the request meets those requirements necessary for approving a Conditional Use Permit as specified in Richfield's Zoning Code, Section 547.09, Subd. 6 and as detailed in City Council Staff Report No. and WHEREAS, the City has fully considered the request for approval of the amended Planned Unit Development, Final Development Plan and Conditional Use Permit; and 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 amended Planned Unit Development, Final Development Plan and Conditional Use Permit are approved for an automobile dealership and service campus as described in City Council Report No. , on the Subject Property legally described in Attachment A. 3. The approved Planned Unit Development, Final Development Plan and Conditional Use Permit are subject to the following conditions: A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. A recorded copy of the approved resolution must be submitted to the City prior to the issuance of a building permit. The property must be platted and the plat recorded prior the issuance of a building permit. All conditions of the previous Planned Unit Development remain in effect. The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Reports dated May 9, 2013 and April 8, 2014, and compliance with all other City and State regulations. Prior to the issuance of an occupancy permit the developer must submit a surety equal to 125% of the value of any improvements not yet complete. 4.The approved Planned Unit Development, Final Development Plan and Conditional Use Permit shall expire one year from issuance unless the use for which the permit was granted has commenced, substantial work has been completed or upon written request by the developer, the Council extends the expiration date for an additional period of up to one year, as required by the Zoning Ordinance, Section 547.09, Subd. 9. 5.The approved Planned Unit Development, Final Development Plan and 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 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of May, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A DRAFT LEGAL DESRCRIPTIONS Parcel 1: That part of the East 150 feet of the West Half of the East half of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 30 feet thereof and lying Northerly of State Highway, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 52078 th Street West Parcel 2: The South 44 feet of the North 324 feet of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota. 7724 Harriet Avenue South Parcel 3: That part of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota, lying South of the North 324 feet thereof and lying North of the Northerly right of way line of Highway No. 494 as acquired under Final Certificate filed as Document Number 3417875, except the East 30 feet thereof. 50078 th Street West Parcel 4: The North 280 feet of the East Quarter of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota, except the North 30 feet and the East 30 feet thereof, Hennepin County, Minnesota. 501 West 77th Street Parcel 5: The South 45 feet of the North 75 feet of the North 230 feet of the West Quarter of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, Hennepin County, Minnesota. 401 77th Street W Parcel 6 Parcel A: That part of the East 65 feet of the West one-fourth of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 314.25 feet thereof, and lying Northerly of a line running from a point in the East line of the West one-fourth of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the Southeast corner thereof, to a point in the West line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter, distant 150 feet North of the Southwest corner thereof, Hennepin County, Minnesota. Torrens Property, Certificate No. 711184 Parcel B: That part of the West-one fourth of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, lying South of the North 230 feet thereof and lying Northerly of the following described line running from a point in the East line of the West one-fourth of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 120 feet North of the Southeast corner thereof to a point in the West line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter distant 150 feet North of the Southwest corner thereof, except the part of the East 65 feet of said tract lying South of the North 84.25 feet thereof, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Torrens Property, Certificate No. 711184 Parcel C: All that part of the East Three Quarters of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28 North, Range 24, West of the 4th Principal Meridian, lying West of the East 330 feet, thereof and South of the North 220 feet thereof and North of the North line of State Highway, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property Parcel D: The North 220 feet of all that part of the East Three Quarters of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28 North, Range 24, West of the 4th Principal Meridian, lying West of the East 330 feet thereof. ALSO: The South 155 feet of the North 230 feet of the West Quarter of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, Section 34, Township 28, Range 24, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property Required Findings Findings required for an amendment to a PUD are the same as those required for the original PUD approval. The minor nature of the proposed changes leaves these findings largely unchanged. Additional text related specifically to this amendment is shown in blue. Part 1: Development proposals in the Mixed Use Districts shall be reviewed for compliance with the following (537.01, Subd.2): 1. Consistency with the elements and objectives of the City's development guides, including the Comprehensive Plan and any redevelopment plans established for the area. The City's Comprehensive Plan designates these properties as Regional Commercial/Office parcels within the "urban village" framework of the 1-494 Corridor Master Plan ("Master Plan"). The entire 1-494 Corridor ("Corridor") is envisioned as an area of multiple story buildings that are more densely developed than the surrounding area. The vision aims to make the Corridor more unique and identifiable, urban in character, pedestrian-friendly, economically viable and ultimately, more livable. As envisioned in its final form, including the proposed multi-story parking structure, this proposal exemplifies the changes desired in this area. In its interim form, without the parking structure, the proposal makes great strides in many aspects of site and building design (1- 494 "green edge," 77th Street as a "great street", parking behind buildings, buildings that front the street with entries and interesting shop windows); however, falls far short of the building coverage and overall site density that the Community envisioned in the Master Plan. Honda is requesting an extended phasing time in order to absorb the space constructed originally and then to construct the parking ramp with a potential shared internal service facility (pre- sale inspection, repair, etc.) in 2020. Given the magnitude of the changes and investment on the site, it is reasonable to assume that Honda has every intention of increasing their sales and inventory to a point that will necessitate the multi- story parking structure and has submitted documentation indicating as much. Staff recommends that land use approvals include a requirement for construction of the proposed ramp by December 31, 2020. Beginning in 2015, the property owner and local manager must meet with City staff to discuss progress toward this goal. A PUD amendment and building permit are necessary prior to construction. If a building permit has not been requested by June 1, 2020, the property owner must return to the Council to request an extension or amendment to the approved Planned Unit Development. 2. Consistency with the regulations of the Mixed Use Districts as described by Section 537 of the Code. The proposed development meets the intent of the Mixed Use District regulations. The proposal deviates from regulations as follows: Use — The Mixed Use Districts allow auto rental as an accessory to office and hotel uses. Honda proposes to include a small accessory auto rental business that would primarily serve Honda and Mitsubishi service customers. Staff believes that this is substantially similar to what the Code allows and recommends approval with the condition that no signage or advertising, with the exception of directional signage, for the auto rental business be permitted. Building coverage — In the two Mixed Use Districts that provide for primarily commercial development, the minimum building coverage requirements are 30 percent (MU-C) and 50 percent (MU-R). The proposed amendment will increase initial building coverage from 22 to 23 percent. Building coverage will again increase when the 47,000 sf parking structure is constructed. Impervious surface — The maximum impervious surface allowed is 85 percent of the site. The existing parcels are 86.6 percent impervious and the proposal is for a site that will be 86.5 percent impervious. Additional underground infiltration will be provided. When included, the overall impervious area decreases to 85.9 percent. The proposal does not strictly meet requirements; however, the situation is improved and the green space provided is in keeping with the intent of the District regulations. The site will provide a significant amount of usable outdoor open space (8.2 percent); where none is available now. Parking lot islands will also increase from 4.9 percent of the parking lot to 6.5 percent. Setbacks — The proposed buildings exceed the maximum front setback limit of 15 feet. The proposed Mitsubishi building is set back 25 feet and the original Honda plans called for a setback of approximately 28 feet. The proposed amendment will decrease this setback to 22 feet and bring it closer to compliance with guiding district regulations. Of the existing buildings, the nearest to the road LaMettry) is set back over 40 feet. Other existing buildings are set back over 100 feet from the right-of-way. The area between the proposed buildings and the street will be used for vehicle display and include substantially improved landscaping and pedestrian lighting that will coordinate with other newer developments along 77th Street. A buffer yard of 15 feet is required to separate auto sales businesses from all adjacent parcels. Honda proposes buffers of 10-12 feet, which maintains or expands upon the existing setbacks. Additional landscaping shall be provided to better screen the new dealership. A 15-foot landscape buffer is required along 1-494. In this particular area, there is a sound wall along the Interstate that would make this buffer yard largely invisible. To meet the intent of the regulation creating an attractive, landscaped view of the City from 1-494), the applicant has proposed a number of substantial landscape islands set farther back from the property line and therefore visible from the highway. 3. Creation of a design for structures and site features which promotes the following: i.An internal sense of order among the buildings and uses. The location of buildings, drives, amenities and walkways provide a safe and accessible site that will adequately serve everything from large tractor- trailer delivery trucks to pedestrians. ii.The adequacy of vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width or interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. See above (i). iii. Energy conservation through the design of structures and the use of landscape materials and site grading. The proposal includes many sustainable design practices including use of only local/native landscaping plants, changing/shower facilities for employees, a "white" roofing membrane, a carwash recycle system to reclaim 90 percent of the water used and more. A full list of sustainable strategies is provided in the attached letter from Architectural Alliance. iv. The minimization of adverse environmental effects on persons using the development and adjacent properties. The proposed design includes improved buffering and landscaping along property boundaries and significantly reduced light levels. These modifications are anticipated to improve conditions for adjacent properties. No adverse impacts are anticipated. Part 2: The following findings are necessary for approval of a PUD application 542.09 Subd. 3): 1. The proposed development conforms to the goals and objectives of the City's Comprehensive Plan and any applicable redevelopment plans. See above — Part 1, #1. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. See above — Part 1, #3. 3. The development is in substantial conformance with the purpose and intent of the guiding district, and departures from the guiding district regulations are justified by the design of the development. The development is in substantial compliance with the intent of the guiding MU Districts. Deviations from MU and Performance Standard regulations have been allowed in order to accommodate particular conditions of the site (Interstate soundwall), existing conditions and project staging needs. All deviations are consistent with the intent of the MU District regulations. 4. The development will not create an excessive burden on parks, schools, streets or other public facilities and utilities that serve or area proposed to serve the development. The City's Public Works, Engineering and Recreation Departments have reviewed the proposal and do not anticipate any issues. 5. The development will not have undue adverse impacts on neighboring properties. No undue adverse impacts are anticipated. Site improvements are expected to improve conditions in regard to adjacent properties. 6. The terms and conditions proposed to maintain the integrity of the plan are sufficient to protect the public interest. The final development plan, which establishes the terms and conditions of the development, meets this requirement. All uses are conditional uses in the PMU District. The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): 1. The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan. See above — Part 1, #1. 2. 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. The use is consistent with the intent of the Planned Mixed Use District and the underlying Mixed Use Districts. The proposal provides a destination oriented commercial" use at what will be (with the multi-level parking ramp) an increased level of density/intensity. The site plan includes pedestrian-oriented building siting, improved landscaping, and attractive public and private spaces with a pedestrian and bicycle friendly character. 3. The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. The proposal includes additional landscaping and pedestrian elements called for as part of the 77th Street Corridor. 4. The proposed use is or will be in compliance with the performance standards specified in Section 544 of this code. The proposed development is in substantial compliance with City performance standards. Deviation from Code requirements is requested as follows: Signs — 1) The applicant is proposing three pylon signs and permission to construct a fourth should an additional dealership join the proposed campus. The proposed signs would all be 35 feet tall. This is the height of the existing sign, but exceeds the maximum height limit by eight feet. The square footage of the proposed signs is well within City allowances. 2) Plans for "The Boulevard" (vacated and redesigned Harriet Avenue) include entry elements on either side of the street. The proposed architectural walls will wrap around benches and include dealership emblems on either side of the bench. The walls are proposed to extend up to the right-of-way line. While sign requirements state that all aspects of signage must be set back a minimum of five feet from the right-of-way, the advertising aspect of these elements is limited. So long as the proposed walls maintain a three-foot setback from the sidewalk to prevent damage from snowplowing, staff supports the requested modification. Lighting — Existing light levels at the Honda dealership exceed 90 footcandles; City Code allows 4.0 footcandles maximum in surface parking lots. The proposal reduces overall light limits significantly. The proposed maximum is 14 footcandles. Light levels adjacent to neighboring properties meet City requirements. 5. The proposed use will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements. The City's Public Works and Engineering Departments have reviewed the proposal and do not anticipate any adverse impacts. 6. The use will not have undue adverse impacts on the public health, safety, or welfare. Adequate provisions have been made to protect the public heath, safety and welfare. 7. There is a public need for such use at the proposed location. The City's long-term plans call for regional commercial uses in this area. 8. 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. Zb49 NN'0111JH01H 1S Hill M [09 b'ONOH NOlJNIW0019 O131dH0M vy 6° y b s roy0 v uorjejadiap mokEw ... ., uarlan JSUa 9 G9 V5f" J 9f l 9 Ia G jaruaa 3. i I j CL m WKLJ yy pp•a F 0 tsr mks,op 401kiwo 1 sift r o J 1 Q Iu 1 W r SZV99 INIA'013UH31H iS HiZZ M 109 VONOH NOiDNIN0010 0131JHOIU F 0 uQ'1"n))suooaaivaa si W z MH 11'77147-7 TII Lj La iii LL E3c5 U) LDt 9 0 1 z c A-19--— o LU LL],4? 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Ji Zb55 NW'a131JHD1li 1S H1LL M l05 o o l IVONOHNOIDNimmoaiiHHO Q uo9ujodjo uollunilsuo, 7PMJIC&damaa 3 x A b/( Aw J Zb55 NW'a1313H91H 1S H1LL M l09 o 0 VONOH NOIDNIW0018 aiiHHON G./6oy 6 s m Um J uogeJodjoj uo,ijonJawaLl mew'NW Aaauaa I 1I IL• IT I, FT I, I ilk s s MIA WaC4 WaCA IM a x x o< o53 N' sY, ca M I I T I _ I 1 l N N I W C.3 v CLW W CL a w OC CD o C4- sN 501 77TH ST W - 4/2014 APUD Surrounding Zoning LU LU LLI w PC-2 Q Q LU J LU PC-2 R R R Q R MR-2 R LL R = R R U R 2 OD PC-2 PC-2 R R R R MR-2 s 77TH STREET PMU PMU PMU MU-R PMU PMU PMU R MU-R MU-R PMU gTH STREET w D z w Q w J Q 0 z J/ CITY OF BLOOMINGTON Feet 0 100 200 400 600 800 1,000 MU-R- Mixed-Use Regional N PMU - Planned Mixed Use PC-2 - Planned General Commercial R- Single Family Residential MR-2 - Mutli-Family Path: I:\GIS\Community Development\StafRPlanning Tech\Projects\501 78th St W Z.mxd 501 77TH ST W - 4/2014 APUD Surrounding Comprehensive Plan D LU LU w c Q Qco J j HDR LDR LDR LDR z LDR MHD PRK C LDR = LDR LDR U LDR MHD D HDR CCO LDR LDR LDR LDR MHD 77TH STREET RCO CCO RCO RCO RCO RCO RCO PRK RCO RCO RCO gTN STREET D z w Q w J Q 01 z J CITY OF BLOOMINGTON Feet 0 100 200 400 600 800 1,000 RCO- Regional Commercial/Office N CCO- Community Commercial/Office HDR- High Density Residential MHD - Medium-High Density Residential LDR- Low Density Residential Path: I:\GIS\Community Development\StafRPlanning Tech\Projects\501 78th St W CP.mxd AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 2 REPORT# CASE# 14-CUP-01, 14- VAR-01 J PLANNING COMMISSION STAFF REPORT PC MEETING DATE: APRIL 28, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider a request for a Conditional Use Permit and Variances to allow construction of a 75-foot antenna tower and accessory structure at the Richfield Public Works building. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of a Conditional Use Permit and Variances to allow construction of a 75-foot telecommunication tower and accessory structure at 1901 East 66th Street. II. BACKGROUND Buell Consulting, on behalf of Verizon Wireless, has applied for a conditional use permit CUP) and variances to allow construction of a new telecommunication tower at the Richfield Public Works facility. The proposed tower is intended to improve wireless communication in the area. III. BASIS OF RECOMMENDATION A. POLICY In the General Commercial zoning district (C-2), telecommunication towers are a conditionally permitted use, when in conformance with the applicable provisions of Subsection 544.25 of the Zoning Code. The proposed tower meets the co-location, monopole structure-type, lighting, advertising and screening requirements. No existing towers are located within one quarter mile of the proposed site. The Code also requires that towers maintain a minimum distance of twice the height of the tower from residential structures. The nearest residential structure is more than 500 feet away from the proposed monopole. Along with the proposed tower, the applicant is proposing an accessory structure to house wireless communications equipment. The structure will be designed to match the existing Public Works building in materials and color. The applicant is requesting two variances related to the accessory structure. The first variance is to the number of accessory buildings allowed. The Zoning Code allows properties in the C-2 district to have one accessory building. As the Public Works Maintenance Facility already has an accessory storage building on the site, this requires a variance. The second variance is to the minimum side setback requirement. The street side setback requirement for an accessory building is 25 feet. The applicant is proposing a side setback of 11 feet, 10 inches facing Longfellow Avenue. Strict enforcement of the Zoning Code would cause a practical difficulty for the applicant. The proposed tower meets all requirements and cannot be built as planned without an enclosed storage building to house telecommunications equipment. Locating an antenna tower and equipment building on this site is a reasonable use of the property. Additionally, the Public Works Maintenance Facility property is platted as an atypical "teardrop" shape. Public Works has requested to reserve space adjacent to their existing storage bins for future expansion, leaving limited space for the proposed antenna tower and accessory building. The proposed storage building lies in the narrowest point of the site and therefore cannot meet all setback requirements. These unique circumstances were not created by the applicant, and therefore staff is recommending approval of both variances. B. CRITICAL ISSUES All requirements necessary for the issuance of a CUP are met. The proposed accessory structure requires a variance, as there is already an accessory structure at the Public Works facility. The proposed accessory structure also requires a variance to the minimum side setback requirement. The issuance of building permits will be pending confirmation of approval by the Metropolitan Airports Commission and Federal Aviation Administration, as well as proof that the applicant has recorded the CUP with Hennepin County. C. FINANCIAL The required processing fee has been paid. The applicant has negotiated a lease with the City's Finance Department for the use of the property. 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 May 13, 2014 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 Requirements documentation Site plan & renderings Zoning & Planning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING Rob Viera, Buell Consulting RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW CONSTRUCTION OF A 75-FOOT TELECOMMUNICATION TOWER AND ACCESSORY STRUCTURE AT 1901 66TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests a conditional use permit to allow the construction of a 75-foot telecommunication tower at property commonly known as 1901 66th Street East (Richfield Public Works Maintenance Facility, herein "The Property"), property legally described as: Lot 1, Block 1, Richfield Maintenance Facility, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield recommended approval of this requested conditional use permit and variances at 1901 66th Street East at its April 28, 2014 meeting; and WHEREAS, this requested conditional use permit at 1901 66th Street East 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 at 1901 66th Street East meets the requirements necessary for issuing a conditional use permit for a telecommunication tower and related features as specified in Richfield's Zoning Code, Section 544.25; and WHEREAS, the Zoning Code allows no more than one accessory building on properties in the General Comercial (C-2) district. Further, code requires that accessory buildings are located a minimum of 25 feet from street side lot lines; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause "practical difficulty" to the owners of the property under consideration; and WHEREAS, based on the findings below, the Richfield City Council approves the requested variances from Richfield Zoning Code Subsections 534.05, Subd. 4; 534.11; 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. The City Council makes the following general findings: a. The Property is zoned General Commercial (C-2). b. The Zoning Code states that no more than one accessory building shall be located on a property in the C-2 district. The proposed accessory building would be in addition to an existing accessory building on the Property used by Richfield Public Works. A variance from Subsection 534.05 is required. c. Code states that minimum street side setbacks shall be no less than 25 feet. The proposed building is set back 11 feet 10 inches. A variance from Subsection 534.11 is required. 2. With respect to the application for variances from the above-listed requirements, the City Council makes the following findings: a. Strict enforcement of Richfield Zoning Code Subsections 534.05, Subd. 4; and 534.11 would cause a practical difficulty. The proposed antenna tower meets all requirements and cannot be constructed as planned without an enclosed storage building to house telecommunications equipment. Constructing an antenna tower and equipment building on this site is a reasonable use of The Property. b. Unique circumstances affect the Property that were not created by the applicant. The City's Public Works Maintenance Facility property is platted as an atypical teardrop" shape. The proposed storage building lies in the narrowest point of the Property and therefore cannot meet all setback requirements. c. Granting the requested variances will not alter the character of the neighborhood. The proposed use is separated from any residential property by Minnesota State Highway 77 and is adjacent only to the Public Works Maintenance Facility and the airport. d. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances will allow the construction of an antenna tower and equipment building on the Property. 3. Based on the above findings, a variance is hereby approved to permit a second accessory building on the Property. 4. Based on the above findings, a variance is hereby approved to reduce the minimum street side setback to 11 feet 10 inches. 5. A conditional use permit is issued to allow a 75-foot telecommunication tower, as described in City Council Letter No. on the Subject Property legally described above. 6. This conditional use permit is subject to the following condition in addition to those specified in Section 547.09 of the City's Zoning Ordinance: The applicant shall be responsible for maintenance of the landscaping and proposed "Driveable Grass" system. Any trees that die shall be replaced. The applicant shall be responsible for snow removal to access the site; and That the recipient apply for building permits as required prior to any work beginning; and Issuance of building permits will be conditioned on approval from the Federal Aviation Administration and Metropolitan Airports Commission; and 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. 7. 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. 8. 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 13th day of May 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Code Requirements / Required Findings Part 1: The findings necessary to issue a Conditional Use Permit (CUP) are as follows (Subd. 547.09, Subd. 6): a) The proposed use is consistent with the goals, policies and objectives of the City's Comprehensive Plan. This requirement is met. This property is designated as "Public" in the Comprehensive Plan. The Comprehensive Plan states that telecommunications utilities provide essential services and the provision of public and private utilities is essential to a healthy community. 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. Telecommunications towers are allowed as a conditional use in the General Commercial (C-2) district, subject to conformance with the applicable provisions of Subsection 544.25. The proposed tower meets the co-location, monopole structure-type, lighting, advertising and screening requirements. The proposed use requires two variances: to the side setback for accessory buildings, and to allow a second accessory building on the site. Public Works already has one accessory building on the site. c) The proposed use is consistent with any officially adopted redevelopment plans or urban design guidelines. N/A 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. The applicant proposes to relocate several trees and add ten (10) new pine trees to screen the proposed tower and equipment building. The proposed equipment building will match the existing Public Works storage building in materials and color. The applicant has proposed a "Driveable Grass" system in place of a paved access driveway, in order to minimize the expansion of impervious surface on the site. 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. f) The use will not have undue adverse impacts on the public health, safety or welfare. The applicant must comply with all requirements of the Administrative Review Committee Report dated March 20, 2014. g) There is a public need for such use at the proposed location. This requirement is met. 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. Part 2: The findings necessary to approve a variance are as follows (Subd. 547.11): 1. There are "practical difficulties"that prevent the applicant from using the property in a reasonable manner. 2. There are usual or unique circumstances that apply to the property which were not created by the applicant and do not apply generally to other properties in the same zone or vicinity. 3. The variance would not alter the character of the neighborhood or the locality. 4. The variance is the minimum necessary to alleviate the practical difficulty. 5. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. The applicant has requested variances from the following requirements: No more than one accessory building shall be located on properties in the C-2 zoning district (Subsection 534.05, Subd. 4) The minimum street side setback shall be no less than 25 feet (Subsection 534.11) The applicant is proposing to use the property in a reasonable manner. The Strict enforcement of Richfield Zoning Code Subsections 534.05, Subd. 4; and 514.11 would cause a practical difficulty. The proposed antenna tower meets all requirements and cannot be constructed as planned without an enclosed storage building to house telecommunications equipment. Constructing an antenna tower and equipment building on this site is a reasonable use. Unique circumstances affect the Property that were not created by the applicant. The City's Public Works Maintenance Facility property is platted as an atypical teardrop" shape. Public Works has requested to reserve space adjacent to their existing storage bins for future expansion, leaving limited space for the proposed antenna tower and accessory building. The proposed storage building lies in the narrowest point of the Property and therefore cannot meet all setback requirements. Granting the requested variances will not alter the character of the neighborhood. The proposed use is separated from any residential property by Minnesota State Highway 77 and is adjacent only to the Public Works Maintenance Facility and the airport. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances will allow the construction of an antenna tower and equipment building on the Property. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. ry s NJov z Wsj o oM a= o NIL:oN a a wp zo A LL oQ ww 2: kDAsso o0 YJ,V 9 vv 1 &2 o II I 1 b 0 1 o wg g oIAH OVAH Ion_ In Inn m 1 A n ( b-tl 33S)213113H9 I 1H3NdND3 03Ltl0kYHy ' I 0-.Z< i I 0—.L w o w o OC=i aas N ov NJso Z LL::) W =oM z N zz cu IL az wu o Q p W - U- off _ ww< w o SS Z 0 y9 Z Z W x 7 v A v v d o Q Z I I I w\ vGG 7\ w EBismark•Cedar Rapids•Denver•Detroit Lakes• Fargo•St.Paul•Sioux Falls 4285 Lexington Ave.N. St.Paul,Minnesota 55126 Phone: 651.415.3800 Fax: 651.415.2001 Web: www.ulteig.com PHOTO SIMULATION SITE: MINC FLIGHT PATH CARRIER: VERIZON WIRELESS SITE ADDRESS: 66TH STREET EAST, RICHFIELD, MN 77 PROPOSED f MONOPOLE EQUIPMENT SHELTER LOCATION VIEW 1 3 SITE LOCATION MAP w E NOT TO SCALE s Ulteig Job Number:13.00314 F k /\ R ƒ 2 e G % % k e02 R $2 C - CM 2 a 2 q 0- C k 0 k C w0 ± z x C))/ IL f 0 % f/ Z i CL 2 cz i @ 2 t CO E rtH r b A er IA N y';'. lilt r z LL O U Q W N a a a m A/ a LL w a (> L U M C O U d c LD a 0 O 0 U L a U L N W O Ll O L L a @ EL LL W r s2 O H s' U c o r Cn 0 D D O O D O O O U r fl O d m z LL o 0 o E N O W N a a m A/ a LL w CL U aa r U N p M CC M LD N v a J O @ U C p N C C C5 f, o W N @U LU a U U LL W cn c+..r a t7 Lo Ua r a o N N cc N r a a U U 0 U U U U 0 U U Ua AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 3 REPORT# 7 CASE# PLANNING COMMISSION STAFF REPORT PC MEETING DATE: APRIL 28, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider amendments to the City's Zoning Ordinance. The proposed ordinance would remove/correct outdated terminology related to fitness centers and voltage requirements for home occupations; clarify a number of definitions; allow home occupations to operate within garages; correct and add references; add parking requirements for two-family and cluster housing developments; revise setbacks from MR-1 properties; clarify language related to drive-thru facilities in the Mixed Use Districts; and clarify screening and temporary banner requirements. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached ordinance amending Subsections 507.07, Subdivisions 57 and 62; Subsection 509.15, Subdivision 2; Subsection 509.21, Subdivisions 5 and 15; Subsection 509.25, Subdivision 7; Subsections 512.05, 512.07, and 512.09; Subsection 514.07, Subdivision 2; Subsection 529.11, Subdivision 1; Subsection 534.11, Subdivision 1; Subsection 537.03, Subdivision 1; Subsection 537.05, Subdivision 5; Subsection 542.03, Subdivision 2; Subsection 544.05; Subsection 549.21, Subdivision 4; Subsection 549.23, Subdivision 1; and Appendix I, Section 3, Clause 91; adding new Subsection 507.07, Subdivision 53; and Subsection 514.15, Subdivision 4; and repealing Subsection 507.07, Subdivisions 26 and 101. Changes are related to outdated terminology and references, clarification of definitions and language related to drive-thru facilities, home occupations, setbacks, screening and temporary banners. II. BACKGROUND City staff continually monitors and notes areas of the Zoning Code that may require review. This review may be the result of changes in State Law or its interpretation, changes in social norms and community desires, new technology or direct experience with a particular regulation. Further, the Zoning Code is the implementation tool that helps the City bring to life its vision for the future as demonstrated by the Comprehensive Plan and other redevelopment/revitalization plans. The attached ordinance primarily addresses minor technical issues and clarifies existing regulations. Dance or Physical Culture Studios" This term has never been defined by the Zoning Code and has caused confusion in the past. It has been eliminated in favor of "health club or studio, spa," which will be defined as a "facility, for profit or nonprofit, where members or nonmembers use equipment or space for the purpose of passive or active exercises related to physical fitness." There have been no changes to the districts in which these uses are permitted/prohibited. Impervious Surface Changes to the definition of "impervious surface" have been made to clarify existing policy. Because of the necessary maintenance requirements, pervious pavers have not been calculated as a deduction on single- or two-family lots. Typically these lots are well within allowable limits; however, this issue has come up on occasion. Lot Area for Planned Unit Developments The current definition of lot area includes a provision related specifically to Planned Unit Developments (PUDs). This provision states that one-half of the area of abutting streets and alleys shall be included in the lot area calculation. This provision was not stated in the PUD section of the Code and lot area has not been calculated in this manner for many years, if ever. There are instances when significant street and boulevard improvements are made as part of a PUD. In these cases, it may make sense to include this part of the right-of-way in overall lot area calculations. The proposed revision allows these areas to be included when they are improved and integral to the design of the project. The definition has also been added to the PUD section. 220 vs. 240 volts These two terms are used interchangeably; however, the correct term is 240 volts and the Code has been updated accordingly. Clarify height measurement for fences A more precise definition of how fence height is measured has been added. This provides better direction for residents and allows for more consistent enforcement. Home Occupations in accessory buildings/garages A change in the Code to allow home occupation-related activities in garages and accessory structures was discussed and supported by the Planning Commission in 2009. The objective is to allow greater opportunity and flexibility for home businesses that will not adversely impact the surrounding neighborhood. Regulations will continue to require that all activities be conducted within an enclosed building, and operations that could negatively impact the neighborhood (e.g. auto repair) will continue to be prohibited. Drive-up Service in the Mixed Use Districts The Code currently states: Drive-up [service]must be part of a multi-tenant mixed-use development. Freestanding buildings shall not have drive-up facilities unless they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution[] It is the belief of staff that the intent of this provision is to prohibit single-user developments with drive-thru facilities, as stated in the first sentence; and to then describe the requirements for drive-thru facilities where they are allowed. The term freestanding" in the second sentence leads to confusion and has been removed. Screening of roof-top mechanical equipment The Code currently requires that all mechanical and utilitarian items be fully screened from "public areas." This terminology is confusing for staff and applicants. The proposed change will require screening as follows: from ground level observation or at any point on the property, adjacent property, or from adjacent streets. In cases where roof-top equipment may be visible from above, the Director will determine if the equipment must be painted to match the roof." Additionally, the ordinance will clarify the term "architecturally compatible" by prohibiting wood screening material unless the building is constructed with a wood exterior. References & Inconsistencies Corrected/Added Section references have been corrected in the nonconforming site improvements subsection. Incorrect symbology has been removed from the Residential Districts Use Table. A footnote directing readers to applicable conditions for clinics and convenience stores in the Mixed Use — Neighborhood District has been added. In 2007, the City increased the minimum per-unit size for new two-family dwellings. This increase was not reflected in one particular subdivision; the inconsistency has been corrected. Commercial setbacks from Two-Family (MR-1) District properties were amended a few years ago to match the setback requirements for Single-Family (R and R-1) properties. This change was apparently missed in the Service Office (SO) District and the parking section of the General Commercial District. The change has now been made. Tattoo shops are currently listed as a permitted use in the Mixed Use — Regional and Community Districts (MU-R and MU-C). The use was included in the Use Table in one section of the Code and left out of another. Regulations related to banners were intended to apply to all types of temporary signs in the City; however, this was not clear in the text of the Ordinance. The words "and other temporary signs" have been added. Additional language has been added in order to clarify the term "nonresidential" in the Sign Ordinance. Appendix I of the Code describes the boundaries of each Zoning District in the City. An error related to the location of a particular property has been corrected. No change to the property's zoning has been made. The definition of"Convenience food restaurant" has been removed, as it is not used in the Code. The definition of"satellite dish antenna" has been removed, as it is included in the definition of"dish antenna." III. BASIS OF RECOMMENDATION A. POLICY Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. The Zoning Code is the manner by which the City implements its Comprehensive Plan and other redevelopment/revitalization plans. Clear language is important to both staff and our customers. B. CRITICAL ISSUES None C. FINANCIAL N/A D. LEGAL Notice of this public hearing was published in the Sun Current in accordance with State and Local requirements. Other Actions: Council: The recommendation of the Planning Commission will go to the City Council for two readings. If the City Council adopts the recommended changes, they will take effect the day following publication in the Sun Current newspaper. IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposed ordinance with additional changes. Recommend denial of the proposed ordinance. V. ATTACHMENTS Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A BILL NO. AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING AMENDING SUBSECTION 507.07, SUBDIVISIONS 57 AND 62; SUBSECTION 509.15, SUBDIVISON 2; SUBSECTION 509.21, SUBDIVISIONS 5 AND 15; SUBSECTION 509.25, SUBDIVISION 7; SUBSECTIONS 512.05, 512.07, AND 512.09; SUBSECTION 514.07, SUBDIVISION 2; SUBSECTION 529.11, SUBDIVISION 1; SUBSECTION 534.11, SUBDIVISION 1; SUBSECTION 537.03, SUBDIVISION 1; SUBSECTION 537.05, SUBDIVISION 5; SUBSECTION 542.03, SUBDIVISION 2; SUBSECTION 544.05; SUBSECTION 549.21, SUBDIVISION 4; SUBSECTION 549.23, SUBDIVISION 1; AND APPENDIX I, SECTION 3, CLAUSE 91; ADDING NEW SUBSECTION 507.07, SUBDIVISION 53; AND SUBSECTION 514.15, SUBDIVISION 4; AND REPEALING SUBSECTION 507.07, SUBDIVISIONS 26 AND 101. THE CITY OF RICHFIELD DOES ORDAIN: Section 1 A new Subsection 507.07, Subdivision 53 of the Richfield City Code to read as follows is added, and by now renumbering all following subdivisions accordingly: Subd. 53. "Health club or studio, spa." A facility, for profit or nonprofit, where members or nonmembers use equipment or space for the purpose of passive or active exercises related to physical fitness. Section 2 Subsection 507.07, Subdivision 57 of the Richfield City Code is amended to read as follows: Subd. 57. "Impervious surface." A surface that has been compacted or covered with a layer of materials so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar str,uE;turessurfaces. Open uncovered decks or porches are not included. Due to maintenance requirements, pervious pavers and similar materials shall not be calculated as a deduction from impervious surface for single- or two-family lots unless special approval from the Director is granted. (Figure 5) Section 3 Subsection 507.07, Subdivision 62 of the Richfield Code is amended to read as follows: Subd. 62. "Lot area." The total horizontal area bounded by the front, side, and rear lot lines. With respect to planned unit developments only, inC ides the plus eRe_half (1/2) of the area of ab ttiRg streetslotarea ,n ti—a R„,z, and all may include, at the discretion of the Director, areas of the right- of-way that are improved and integral to the design of the project. Section 4 Subsection 509.15, Subdivision 2 of the Richfield Code to read as follows: Subd. 2. Definitions. a) "Hedge." A row of shrubbery which forms or is intended to form a barrier. b) "Wall." This term includes retaining walls, freestanding walls, and decorative or privacy walls. c) "Height of fence." Fence height is measured to include the body of the fence, plus allowing a maximum of six inches (on average between posts) above the natural grade (i.e. for drainage purposes). Fence posts are permitted to extend a maximum of six inches above the body of the fence. Section 5 Subsection 509.21, Subdivision 5 of the Richfield Code is amended to read as follows: Subd. 5. Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, and except as permitted in Subd. 6 below, do not draw attention to the home occupation. All activities related to a home occupation must be conducted within a fully enclosed dwellipgb uilding. Homo 000i pations are not permitted in garages (annocsery or attaohed) Section 6 Subsection 509.21, Subdivision 15 of the Richfield Code is amended to read as follows: Subd. 15. Use of equipment. No mechanical or electrical equipment requiring in excess of 2 -0240 volts single phase shall be permitted in the conduct of a home occupation, and no electric motor shall exceed 3 horsepower. Section 7 Subsection 509.25, Subdivision 7 of the Richfield Code is amended to read as follows: Subd. 7. Nonconforming site improvements. This subsection is primarily aimed at upgrading nonconforming site improvements that affect the appearance and impacts of a site. It is not intended to require extensive changes that would be extremely impractical such as moving or lowering buildings. a) Nonconforming Parking. Alteration, addition or expansion which results in an increased need for off-street parking shall provide additional parking according to the following guidelines: L Where modifications result in an increase in the applicable unit of measurement (dwelling unit, floor area, capacity, number or seats, etc.) which is 50 percent or less of the original total, additional parking shall be required only for this new or modified part of the development; H. Where modifications result in an increase in the applicable unit of measurement which is over 50 percent of the original total, sufficient off- street parking shall be provided to bring the entire development into conformance with the requirements of this ordinance. b) Nonconforming Landscaping and Screening. Alternative landscaping or screening may be approved by the Director, where, due to existing structure placement, lot dimensions, parking requirements, or other improvements, it is not possible to provide the landscaping or screening required by this ordinance, according to the following rules: L The alternative landscaping or screening will not be detrimental to adjacent properties; and iii. The alternative landscaping or screening complies with the purpose and intent of standards dictated by this ordinance. C) Additional nonconforming site improvements. In addition to the requirements of a) and b) above, the following nonconforming site improvements must be made conforming if a structure or use associated with the nonconforming site improvement is enlarged or expanded. L Impervious surface coverage as required by applicable zoning district standards; H. Irrigation as required by Subsection 542.03 544.03, Subd. 4(h); iii. Screening of refuse collection and utilitarian items in accordance with Subsection 542.05 544.05; iv. Pedestrian circulation as required by Subsection 542.15 544.15; v. Bicycle parking in accordance with Subsection 542.17544.17; and vi. Underground utilities when renovation costs exceed 50 percent of the value of the structure, in accordance with Subsection 542.19544.19. d) The Director may modify or waive any of the provisions above based on a written finding that the proposal: L Would not be detrimental to adjacent properties; and H. The proposal complies with the purpose and intent of standards dictated by this ordinance. (Amended: 9-17-2010) Section 8 Subsection 512.05 of the Richfield City Code is amended to read as follows: 512.05. Permitted, Conditional, Accessory and Prohibited Uses in Residential Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Residential Districts. Refer to Sections 514 through 527 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or Prohibited Land Use R R-1 MR- MR- MR- 1 2 3 Residential Single-family detached dwellings P P P N N Two-family dwellings C N P P P Twin homes N N C N N Multifamily dwellings (>minimum 3 units) N N N P/C P/C Cluster home developments C N C C N Other Bed and breakfast inns C C N N N Cemeteries C N N N N Day care facilities P/C P P/C P/C P/C Emergency shelters C N C C C Fences, walls and hedges A A A A A Foster family homes A/C A/C A/C A/C A/C Garages/carports for a residential structure A A A A A Gazebos/greenhouses A A A N N Governmental buildings P N C C C Home occupations A A A A A Libraries (public) P N C C C Parking A A A A A Private driveways A A A A A Public utilities, major C C C C C Public utilities, minor A A A A A Recreational facilities, noncommercial, principal use C C C N N Religious institutions C N C C C Residential care facilities P P P/C P/C P/C Roomer A A N N N Satellite dish antennas A A A A A Schools, public or private C N C C C Storage buildings A A A A A Swimming pools, private A A A A A Telecommunication towers C C C C C Utility buildings accessory to telecommun. towers and A N A A A antennas Section 9 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011-19) P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use S- C-1 C-2 O Adult businesses N N P Animal kennels N N P/C Apartments within a commercial building A A/C C Assembly, light manufacturing, warehouse N N A Auction houses N N P Auto mechanical/body repair N N C Auto detailing N N C Auto or boat sales N N C Auto stereo installation service N N P Auto washes N N C Barber or beauty shops P/C P/C P/C Bicycle stores N P Bicycle repair shops P/C P/C P/C Bowling alleys N N P Carpet or paint stores N P/C P/C Cemeteries N N C Convenience store N P P DAAPR ^Y physiE; T iQTu1studies- T T T Day care facilities C P P Drug stores without drive-up facility N P/C P/C Drug stores with drive-up window N N C Emergency shelter N N C Enclosed storage A A A Fences, walls and hedges A A A Financial institutions without drive-up service N N P Financial institutions with drive-up service N N C Firearms related uses N N C Fortune telling N N P Funeral homes, mortuaries N N C Furniture or appliance stores N P/C P/C Governmental buildings P P P Grocery stores N P/C P/C Health club or studio,spa N P P Hospital or 24-hour urgent care P/C P/C P/C Hotel or motel (6 or more units) N N C Junk yard N N N Libraries, public P P P Liquor store, municipal N N P Nursing home P P N Office, single-tenant, professional, executive or business P/C P/C P/C Office, multi-tenant, professional, executive, or business P/C P/C P/C Outdoor merchandising or storage (except as allowed by N N N Section 1135 of the City Code) r Parking A A A I Pawn shops and second hand goods dealers licensed under Section N N C 1186 or 1187 of the City Code Public utility, minor A A A Public utility, major C C C Religious institutions N N P Restaurant, take-out only (Class IV) N C P Restaurant, fast food/convenience food (Class III) or any N N C restaurant with drive-up service Restaurant, traditional or cafeteria (Class 11) N C C Restaurant, full service (Class 1)N N C Retail, general (single or multi-tenant)N P/C P/C Schools, public or private N N P Service station N N C Service station/convenience store N N C Service or non-auto repair shop P/C P/C P/C Tattoo shops N N C Taxi or limousine service N N P Theater, movie or live entertainment N N C Veterinary clinic N N P Amended, Bill No. 2011-13; 2011-19) Section 10 Subsection 512.09 of the Richfield City Code is amended to read as follows: 512.09. Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use MU- MU- MU-R N C Residential Townhome development P N N Multifamily dwellings (min. 3 units) P P P but see 537.07 Subd. 2a) Live-work units P P N Assisted living facilities, nursing, rest homes P P N Other Adult businesses N P P Animal kennels C C C Assembly and manufacturing accessory and subordinate N A A to retail use r Auto mechanical/body repair N C C I Auto detailing N C C I Auto rental facilities as an accessory to primary office or N A A hotel use Auto sales N N C Clinics A* P P Convenience store P* P P Day care facilities P P P Drive-up window or teller service N C C Firearms related uses N N C Funeral homes, mortuaries N P N Governmental buildings A P A Health or athletic clubs, spas, yoga studios N P P Hotel or motel (6 or more units) N P P Hospitals N N P Libraries, public P P N Offices A P P Parking A A A Police sub-station P P P Public utilities A A A Recreational facilities, noncommercial, principal use P P P Religious institutions P P A Restaurant, take-out only (Class IV) P P P Restaurant, fast food/convenience food (Class III) N C C Restaurant, traditional or cafeteria (Class 11)P P P Restaurant, full service (Class 1) N C P Retail, neighborhood services P P P i Retail, general services C P P Retail, regional services N C P Schools, public or private P P C Service station N P P Service station/convenience store N P P Tattoo shops N P P Theaters, movie or live entertainment N N P Transit facilities A A A Conditions apply, see section 537 for complete regulations. Amended, Bill No. 2011-13; 2011-19) Section 11 Subsection 514.07, Subd. 2 of the Richfield City Code is amended to read as follows: Subd. 2. Two-family dwellings, provided the following conditions are met: a) The lot shall abut an arterial or collector street; b) The lot area and width shall comply with Section 514.11, Subd. 2 of this code; c) Two (2) off-street parking spaces, one (1) of which must be enclosed in a garage, shall be provided for each dwelling unit; d) Private driveways, parking areas, turnaround areas and sidewalks shall comply with Section 514.05 Subd. 8 of this code; e) For new construction each dwelling unit shall contain at least 7.50960 square feet of interior floor space, and for conversion of a single-family dwelling to a two-family dwelling each unit shall contain at least 500 square feet of interior floor space. For the purpose of this subsection, interior floor space shall include the total horizontal area of the dwelling unit as measured from the interior walls of the unit; and f) The structure shall meet all setback requirements for two-family dwellings as indicated under Section 514.13, except that a single-family dwelling which does not meet the required two-family interior side setback may be converted into a two-family dwelling if the dwelling is not expanded or if the expansion meets all applicable two-family dwelling requirements. Section 12 A new Subsection 514.15, Subdivision 4 of the Richfield City Code to read as follows is added, and by now renumbering all following subdivisions accordingly: Subd. 4. Parking requirement. For two-family, twin home dwellings and cluster home developments, there shall be provided on the site at least two (2) parking spaces per dwelling unit, of which at least one space per dwelling shall be enclosed in a garage. Section 13 Subsection 529.11, Subd.1 of the Richfield City Code is amended to read as follows: Subdivision 1. [Generally.] The following dimensional requirements apply to the S- O district. All dimensions are in feet unless otherwise noted. Minimum lot width Interior lot: 60 Corner lot: 75 Minimum lot area 8,000 square feet Maximum impervious surface coverage 75 percent Setbacks - building Principal Accessory building building Front (see also Subd. 2) 30 30 Rear Adjacent to R, R-1 or MR-1 District 15 8 Adjacent to non-R, R-1 or MR-1 District 5 5 Interior side Adjacent to R, R-1 District 15 15 Adjacent to non-R, R-1 District 5 5 Street/corner side (see also Subd. 3)12 12 Setbacks - parking jmeasured from property line) Front (but see Subd. 5) 8 Street/corner side (but see Subd 5) 8 Interior lot line Adjacent to R, R-1 or MR-1 District 10 Adjacent to non-R, R-1 or MR-1 District 5 r Height limitations Principal Accessory building building Maximum building height 30 15 Story limitations 2 stories 1 story Section 14 Subsection 534.11, Subd.1 of the Richfield City Code is amended to read as follows: Subdivision 1. The following dimensional requirements apply to the C-2 District. All dimensions are in feet unless otherwise indicated: Minimum lot width Interior lot: 75 Corner lot: 90 rMinimum lot area 00 square feet Maximum impervious surface coverage 85 percent Setbacks: building Principal building Accessory building I Front (see also Subd. 2)35 35 Adjacent to arterial roads See Subdivision 2 Rear (see also Subd. 4) Adjacent to R, R-1 or MR-1 District 15 8 Adjacent to non-R, R-1 or MR-1 District 5 5 Street/corner side (but see Subd. 3) 25 25 Interior side (see also Subd. 4) FAdjacent to R, R-1 or MR-1 District 15 8 Adjacent to non-R, R-1 or MR-1 District 0 0 Maximum building height (but see Subd. 5) 40 15 Story limitations 3 stories 1 story Setbacks: parking Front (but see Subd. 6) 8 Street/corner side (but see Subd. 6) 8 Interior lot line i Adjacent to R, R-1 or MR-1 District 15 Adjacent to non-R, R-1 or MR-1 District 5 Amended, Bill No. 2011-13; 2011-19) Section 15 Subsection 537.03, Subd.1 of the Richfield City Code is amended to read as follows: Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts: Table 1. Uses of the Mixed-Use District Note—The following abbreviations are used within the use table: P= permitted use A= accessory use C= conditionally permitted N= not permitted Use MU- MU- MU-N R C COMMERCIAL Regional retail services P C N General retail services P P C Neighborhood retail services P P P Restaurant Class I (serving alcohol) P C N Restaurant Class II (traditional/cafeteria) P P P Restaurant Class III (fast food/convenience) C C N Restaurant Class IV (take out only) P P P Service Station/convenience store P P N Convenience store P P P Offices and clinics P P A Hotel/motel (defined as 6 or more rooms) P P N Mortuaries and funeral chapels N P N Health or athletic clubs, spas, yoga studios P P N Theaters, movie or live entertainment P N N Auto sales or lease -new vehicles C N N Auto mechanical or body repair shops C C N Auto detailing C C N Auto rental facilities accessory to a primary office or hotel A A N use Assembly and manufacturing accessory and subordinate A A N to a retail use Drive-up window or teller service C C N Adult business establishments as defined and regulated P P N under Subsection 1196 of the City Code r Tattoo Shops P P N Firearms related uses C N N Licensed day care facilities P P P Animal kennels C C C RESIDENTIAL Dwelling, townhouse N N P Dwelling, multifamily (min. 3 units) P P P but see 537.07, Subd. 2a) Live - work units N P P Assisted living facilities, nursing, rest homes N P P INSTITUTIONAL/PUBLIC Places of worship A P P Government offices A P A Police sub-station P P P Schools C P P Library N P P Parks P P P Hospitals P N N Transit facilities A A A Public utility A A A Amended, Bill No. 2011-13; 2011-19) Section 16 Subsection 537.05, Subd.5 of the Richfield City Code is amended to read as follows: Subd. 5. Restaurant Class III or Drive-Up Window or Teller Service. Uses with drive-up window or teller service provided the following conditions are met: a) No drive-up window or lane shall be adjacent to a public street; b) Drive-up uses shall be limited to one (1) service window which is part of a primary structure and no more than two (2) queuing lanes, unless approved along with additional landscaping, screening, or other improved pedestrian amenities such as fencing, seating, raised pedestrian crossings, etc.; c) Drive-up must be part of a multi-tenant mixed-use development. CreestanrJinry "Buildings shall not have drive-up facilities unless they are designed to minimize impacts to the pedestrian environment and adequately address circulation issues and potential noise or light pollution; d) There shall be no curb cuts on public streets exclusively for the use of drive-up queuing or exit lanes. Drive-up traffic shall enter and exit from internal circulation drives; e) Queuing space for at least 4 cars j70 feet) shall be provided per drive- up service lane as measured from., but; not including., the first drive-up service window or teller station. Such queuing space shall not interfere with parking spaces or traffic circulation; f) Any drive-up service window, teller or order station, or exterior loudspeaker shall be located at least 150 feet from any parcel with residential uses on the first floor; g) The applicant shall demonstrate that such use will not significantly lower the existing level of service on streets and intersections; h) Alcoholic beverages shall not be served; and i) Exterior speakers shall comply with the noise control limits set by Subsection 930 of the City Code. Section 17 Subsection 542.03, Subd. 2 of the Richfield City Code is amended to read as follows: Subd. 2. Minimum area. A PUD district shall contain not less than one 1) acre (43,560 square feet) in lot area. With respect to planned unit developments only, lot area may include (at the discretion of the Director), areas of the right-of-way that are improved and integral to the design of the project. Section 18 Subsection 544.05 of the Richfield City Code is amended to read as follows: 544.05. Screening of refuse collection and utilitarian items. Refuse collection, recycling and utilitarian elements shall be designed into the interior space of buildings. All delivery and loading operations, HVAC equipment, and other utility and service function shall be grouped and arranged away from the public right-of-way and fully screened from Other PubliG areas-ground level observation or at any point on the property, adjacent property, or from adjacent streets. In cases where roof-top equipment may be visible from above, the Director will determine if the equipment must be painted to match the roof. (exception see (c)). a) Materials. Required screening may be achieved with fences, walls, earth berms, hedges, two (2) staggered rows of coniferous trees, a dense deciduous hedge, or other landscape materials. All walls and fenroc Sh he arshiteGt Urally harmnnie is with the nrinGipal b iildinrv. Earth berms shall not exceed a slope of 3:1 unless specially treated and approved. All walls and fences shall be architecturally harmonious with the principal building_ The use of wood, in whole or in part, as a screening material for roof-top equipment shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior. b) Locations. All required screening or buffering shall be located on the lot occupied by the use, building, facility, or structure to be screened. No screening shall be located on any public right-of-way or within eight (8) feet of the traveled portion of any street or highway. c) Site improvements or redevelopment consisting of less than a 100 percent increase in gross floor area where the above requirements are impossible to meet based on site constraints as judged by the Director shall conform to the following requirements: i.All residential structures with more than three (3) units and all commercial, industrial, and institutional uses shall provide a screening enclosure for required dumpsters. Such enclosures shall be high enough to completely screen the dumpster from all property lines; ii.Dumpster enclosures shall be constructed of durable, weather resistant materials which are properly anchored. Enclosure materials shall be similar to the principal building; iii. Dumpster enclosures shall provide sufficient space for required dumpsters and additional space for storage of recyclable materials. In no case shall they exceed 600 square feet in area; iv. Dumpster enclosures shall be located behind the front building line of the principal building (as extended to the side lot lines). Enclosures shall be set back not less than five (5) feet from any lot line or any other building on the premises, unless integrated into such building or approved by the Building Official; and V.All dumpster enclosures shall have a concrete floor. Section 19 Subsection 549.21, Subd. 4 of the Richfield City Code is amended to read as follows: Subd. 4. Banners and other temporary signs. Banners and other temporary signs, where permitted, are subject to the following standards: Amended, Bill No. 2011-13) a) Banners shall be attached to a structure, shall be strongly constructed, and shall be securely attached to their supports; b) Banners and other temporary signs shall be removed (including all framework and supports) as soon as damaged or torn; c) There shall be no more than one (1) banner per tenant on any building frontage (see Subsection 549.23 for size allowances); d) Due to the construction methods of banners and other temporary signs and their tendency toward damage, Re baHHe none may be displayed for more than 28 days; and e) No more than four (4) temporary sign permits shall be issued to any business organization or institution within any calendar year. Section 20 Subsection 549.23, Subd. 1 of the Richfield City Code is amended to read as follows: Subd. 1. Residential Districts. a) Within residential zoning districts, freestanding signs are permitted as follows: District Maximum sign area Maximum Total area of all of single sign height freestanding signs R, R-1, MR-1 6 square feet 6 feet 12 square feet MR-2, MR-3 24 square feet 8 feet 36 square feet Permitted 50 square feet 25 feet 100 square feet Nonresidential Uses b) Within residential zoning districts, wall signs are permitted as follows: District Maximum sign area of single sign R, R-1, MR-1 Not permitted except as required by Section 549.21, Subd. 3. r MR-2, MR-3 10 percent of total wall area of the wall to which sign is7attached Permitted Nonresidential 15 percent of the total wall area of the wall to which sign is Uses attached Section 21 Appendix I, Section 3, Clause (91) of the Richfield City Code is amended to read as follows: 91) M-5 (SW corner, 64th and Lynd Lot 1, Block 8, Rearrangement of Nicollet Homes 2nd Addition. Section 22 The Richfield City Code is amended by repealing Subsection 507.07, Subdivisions 26 and 101 Section 23 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk