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102714 PacketPLANNING COMMISSION Wl AGENDA October 27, 2014 7:00 p.m. Introductory Proceedings Roll Call Approval of Minutes: Regular Planning Commission meeting of September 22, 2014. Opportunity for Citizens to Address the Commission on items not on the Agenda Public Hearing ITEM #1 14-ACUP-03,Conditional Use Permit and Variance related to the expansion 14-VAR-05 of a legally nonconforming use at 308 78th Street East Progress Valley). ITEM #2 14-CUP-03 &Consider land use applications related to construction of a 14-CP-01 new building for a place of worship at 6601 and 6605 1St Avenue and 6600 and 6608 Stevens Avenue. ITEM #3 PC Letter#11 Amendments to the City's Zoning Ordinance. The proposed ordinance will more clearly define when an odor control system is required for new and expanding restaurants. ITEM #4 PC Letter#12 Consider an amendment to the City's Zoning Ordinance. The proposed ordinance would add `municipal parking lots' to the list of permitted uses in the Penn Avenue Corridor Overlay District. New Business ITEM #5 PC Letter#13 Change December Planning Commission meeting date 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: November 10, 2014 Joint Worksession with Council 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 September 22, 2014 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Dan Kitzberger, Gordon Vizecky, Alison Groebner, Tom Rublein and Susan Rosenberg MEMBERS ABSENT:Commissioner Charles Standfuss STAFF PRESENT: Melissa Poehlman, City Planner Matt Brillhart, Planning Technician OTHERS PRESENT: Patti Sterbuck, Broadway Pizza Scott Foss, S&P Construction for Broadway Pizza Chairperson Jabs called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES M/Vizecky, S/Rublein to approve the minutes of the August 11, 2014 special meeting with a correction to page 7 to replace "Root" with "Rublein". Motion carried: 6-0 OPEN FORUM No members of the public spoke. PUBLIC HEARING(S) ITEM #1 14-CUP-02, 14-VAR-04 — Consideration of a request for a Conditional Use Permit and Variance for a building addition and reduced parking setback at 7514 Lyndale Avenue (Broadway Pizza) City Planner Melissa Poehlman presented the staff report. In response to a question from Commissioner Rublein, Patti Sterbuck of Broadway Pizza described the landscaping. September 22, 2014 M/Vizecky, S/Rublein to close the public hearing. Motion carried: 6-0 M/Vizecky, S/Rublein to recommend approval of the Conditional Use Permit and Variance. Motion carried: 6-0 NEW BUSINESS ITEM #2 PC Letter No. 10 — Consideration of a resolution finding that the sale of remnant properties along Richfield Parkway to adjacent landowners is consistent with the Comprehensive Plan Poehlman presented the staff report. In response to a question from Commissioner Rosenberg, Poehlman stated she was not aware of any plans for house additions by either property owner. M/ Vizecky, S/Rublein to approve the resolution. Motion carried: 6-0 OLD BUSINESS None. LIAISON REPORTS Community Services Advisory Commission: No report City Council: No report HRA: Commissioner Groebner Richfield School Board: No report Transportation Commission: No report Chamber of Commerce: Commissioner Vizecky Other: Bandshell Taskforce update, Open Streets at Penn Fest recap, League of Women Voters forum coming up. 2 September 22, 2014 CITY PLANNER'S REPORT Poehlman noted that a study session would be held to discuss how to regulate possible medical marijuana dispensaries, per the new state law. The City Council will enact a six month moratorium on such facilities while the issue is studied. 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-ACUP-03,14- VAR-05 J PLANNING COMMISSION STAFF REPORT PC MEETING DATE: OCTOBER 27, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider a request for a Conditional Use Permit and Variance to allow expansion of an existing sober-housing facility (Progress Valley) at 308 78th Street East. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of a Conditional Use Permit and Variance to allow the expansion of an existing sober-housing facility at 308 78th Street East. II. BACKGROUND Progress Valley, Inc. is a nonprofit organization that has been providing chemical health treatment services for adults since 1972. In 1978, the Richfield City Council approved a Special Use Permit to allow Progress Valley to convert the Assumption Church Convent building into a residential treatment facility serving up to 28 chemically-dependent persons. At the time of approval, the proposed use did not fit neatly into any of the described uses of the Zoning Code and this continues to be the case. In 1978, City staff and the Council agreed that because of the relatively "isolated" location, the potential for negative impacts was slim and that there was a need for this type of service in the area. Progress Valley has now operated from this location (purchasing the property from Assumption Church in 2004) for 35 years. Progress Valley is requesting permission to expand and remodel their building. The proposed expansion will not increase the number of persons treated on site, but rather it will bring the building into compliance with a number of current Code requirements bedroom size, Americans with Disabilities Act (ADA) requirements, kitchen facilities) and provide additional group and individual meeting spaces and office areas. In 2005 the City adopted an 1-494 Corridor Master Plan which has since been incorporated into the City's Comprehensive Plan. The following year, the City codified zoning regulations to aid in the implementation of this Corridor Plan. In acknowledgement of the fact that some existing buildings and uses would be made nonconforming by these changes, the City included provisions allowing limited expansion. So long as certain conditions can be met, legally nonconforming buildings are permitted to expand with Council approval of a conditional use permit. There are no dimensional limitations put on this expansion. Legally nonconforming uses can request a conditional use permit to expand by up to 10 percent of the existing gross floor area provided that the use does not significantly impede implementation of goals and policies of the Comprehensive Plan. Progress Valley is requesting a variance to allow them to expand the building by 50% (4,488 square feet); however, this does not include any actual intensification of their services. III. BASIS OF RECOMMENDATION A. POLICY The City's Comprehensive Plan and the Mixed Use Zoning District regulations stress a mix of uses, walkability, cohesive design and active uses. The applicant is proposing to continue operation of a successful operation on a site that is significantly constrained by its size, location and limited visibility. There is little potential for assembly of larger piece of land at this location. The Comprehensive Plan envisions this area as the continued location of Quasi-Public uses and non-profit organizations. The applicant has proposed a plan that includes not only improved facilities for their clients and staff, but also one that significantly improves the site's overall compliance with zoning requirements. It is not possible to bring the building up to current Code standards related to bedroom size, kitchen facilities and ADA requirements without a variance to allow expansion that will be greater than 10 percent of the current building size. It is the opinion of staff that the proposal meets the requirements necessary for the approval of a conditional use permit and variance. Review Criteria: A full discussion of all review criteria is provided as an attachment to this report. 1. Expansion of a legal nonconforming use in the Mixed Use Districts The City Council may allow an expansion by up to 10 percent of the gross floor area of a legal nonconforming use through the issuance of a conditional use permit provided that the proposal meets all other applicable City requirements and that the expansion will not significantly impede implementation of the Comprehensive Plan. The intent of this regulation was to limit the intensification of uses that were not considered compatible with the Mixed Use Districts. The proposal does not call for any intensification, but rather an improvement of current facilities. Progress Valley has co-existed with this neighborhood for many years and the proposed expansion is not expected to have any impact on that relationship. 2. Expansion of nonconforming buildings in the Mixed Use Districts Buildings that do not meet dimensional or bulk standards of the Mixed Use Districts may be expanded so long as the applicant can demonstrate that the overall degree of nonconformity has not been increased, that current requirements are met to the greatest degree possible, that superior design has been utilized to off-set departures from current requirements, and that expansion will not impede implementation of the Comprehensive Plan. The proposal meets or improves upon all requirements of the Zoning Code. Staff does not believe that there will be any significant impact to the overall implementation of the Comprehensive Plan as a result of this expansion. 3. Variance It is the opinion of staff that the requirements necessary to approve the requested variance to allow an expansion by 50 percent are met. The applicant is proposing to use the property in a reasonable manner. The applicant is proposing to continue to use the site in a manner that serves the community. The intensity of the use will not increase; all changes are related to improving conditions, services, and the accessibility of a building that is nearing obsolescence. It seems reasonable to allow improvement of the facilities for the betterment of clients even if this improvement requires the addition of more floor area than is typically permitted. There are unique circumstances that apply to this property and use. Supervised living facilities are not currently permitted in any of the City's Zoning Districts. Not only would it would be difficult to find an alternative location for the facility, but Progress Valley has been operating their program from this location for 35 years without any significant complaints from neighboring properties. It seems reasonable to allow expansion within a neighborhood that has co-existed with the facility for many years. No negative impacts related to the project are anticipated. Positive impacts include better client facilities, but also a more attractive site and a building that comes closer to current zoning requirements. Timing / Extension of Land Use Approvals Land use approvals typically expire one year from issuance unless the use has commenced or building permits have been issued and substantial work has been performed. The applicant is requesting an extended timeframe due to the particulars of their use and the need to relocate current tenants during construction. Progress Valley anticipates relocating clients in late September or early October 2015 following completion of renovations to a new site in Bloomington. Site construction will begin in Richfield on or before October 15, 2015 and completion is anticipated in March of 2016. Staff is recommending that the Council modify the expiration date of these approvals and allow two years for substantial completion of the project. B. CRITICAL ISSUES Redevelopment potential for this site is limited based on its size and location. The proposed plans significantly improve compliance with current regulations. The property owner is not proposing to increase the intensity of the use — the site will continue to serve up to 28 persons. In addition to City notification, Progress Valley has sent notice to neighboring properties regarding their plans. As of the writing of this report, the City has received only letters of support for the project (attached). C. FINANCIAL The required processing fee has been paid. D. LEGAL Zoning: Mixed Use — Community Land Use: Current: Progress Valley, Treatment Facility Proposed: No change Comprehensive Plan: Public/Quasi-Public Notification: Properties within 350-feet Other Actions: Council:City Council consideration November 10, 2014 IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposal with modifications. Recommend denial with a finding that the proposed use does not meet requirements V. ATTACHMENTS Resolution Requirements document Proposed plans Correspondence Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING Susanne Lambert, Executive Director Progress Valley RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCE AT 308 78TH STREET EAST WHEREAS, an application has been filed with the City of Richfield which requests approval of conditional use permit for expansion of a legal nonconforming residential treatment facility/supervised living facility on the parcel of land located at 308 78th Street East (the Property"), legally described in the attached Exhibit A; and WHEREAS, the proposed conditional use permit includes an addition to a legally nonconforming building. The addition will increase the gross floor area dedicated to a legal nonconforming use by 50 percent; and WHEREAS, the City Code allows for the expansion of legally nonconforming buildings in the Mixed Use Districts; WHEREAS, the City Code allows for the expansion of legal nonconforming uses in the Mixed Use Districts by up to 10 percent of their gross floor area;; 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 variance from Richfield Zoning Code Subsection 537.13, Subd. 1; and WHEREAS, the City has fully considered the request for approval for the 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 makes the following general findings: a. The Property is zoned Mixed Use — Community. b. The existing use is legally nonconforming and can continue indefinitely. C.The existing building is legally nonconforming and can continue indefinitely. d. The proposed site plan will improve or fully comply with the following requirements which are currently unmet: building coverage, landscaping, front setback, parking, parking lot screening, trash enclosures, and landscaping. e. Code states that the Council can approve the expansion of legally nonconforming uses by up to 10 percent of the gross floor area in the Mixed Use Districts. The proposed expansion will increase gross floor area by 50 percent. A variance from Subsection 537.13 is required. f.Code states that the Council can approve the expansion of legally nonconforming buildings that do not increase the overall, site-wide degree of nonconformity. 2. With respect to the application for a variance to allow the expansion of a legally nonconforming use by more than 10 percent, the City Council makes the following findings: a. Strict enforcement of Richfield Zoning Code Subsections 537.13, Subdivision 1 would cause a practical difficulty. The applicant is proposing to use the site in the same manner that is has been used historically. The applicant has proposed site improvements that will improve overall compliance with current Code requirements. Further, the proposed expansion will not intensify the existing use, which was the intent of limiting the expansion of nonconforming uses. All changes are related to improving conditions, services, and the accessibility of a building that is nearing obsolescence. It is reasonable to allow improvement of the facilities for the betterment of clients even if this improvement requires the addition of more floor area than is typically permitted. b.Unique circumstances affect the Property that were not created by the land owner. Supervised living facilities are not currently permitted in any of the City's Zoning Districts. Not only would it would be difficult to find an alternative location for the facility, but Progress Valley has been operating their program from this location for 35 years without any significant complaints from neighboring properties. It is reasonable to allow expansion within a neighborhood that has co-existed with the facility for many years. C.Granting the requested variance will not alter the essential character of the neighborhood. The requested variance is not expected to have any impact on the character of the neighborhood. d. The variance requested is the minimum necessary to alleviate the practical difficulty. The proposed variance will allow the applicant to remodel their facility in such a manner that it will meet a variety of health and safety codes with which it is now noncompliant. 3.Based upon the above findings, a variance is hereby approved to permit the expansion of a nonconforming use by 50 percent of the existing gross floor area. 4.Based upon the above findings and variance, the proposed conditional use permit is hereby approved according to the terms of Richfield City Code Subsection 537.13, with the following additional stipulations: a) Final dumpster enclosure plans, complying with City Code Section 544.05 must be approved by staff prior to construction; b) The property owner is responsible for the continuous maintenance of required landscaping in accordance with approved plans; c) All required parking stalls must be maintained and free of snow year-round minimum City requirement is 12 stalls for facility serving 28 persons); d) Approval of this conditional use permit does not include approval of any signs. Sign permits must be applied for separately; e) All lighting changes must be approved by City staff; f) Any new mechanical equipment must be screened in accordance with Code requirements; g) All new utility service must be underground; h) 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 commencement of any work; i) 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. Proof of recording must be provided to the City prior to the issuance of a building permit; and j) Prior to the issuance of an occupancy permit, the applicant shall submit a surety equal to 125% of the value of any outstanding improvements (in accordance with Section 547.17 of the City Code). k) This permit shall expire two years 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. 5. 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. 9. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of November 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk Exhibit A Legal Description Parcel 1: The East 125.00 feet of the South 174.00 feet of the South Half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24, EXCEPT those parts taken for State Trunk Highway No. 5 and 100 over the South 40 feet thereof, pursuant to Documents No. 1349782 and 1719066. AND The West 206.54 feet of the South 120.14 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 34, Township 28, Range 24. AND The West 28.05 feet of the North 53.86 feet of the South 174.00 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 34, Township 28, Range 24. Parcel 2: Non-exclusive easement for access and utility purposes created pursuant to Driveway Access and Utility Easement Agreement dated April 16, 2004, recorded January 3, 2005 as Document No. 8501482, over the following described land: The North 32.18 feet of the South 206.18 feet of the East 155.00 feet of the South Half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24. AND That part of the North 30.00 feet of the South 204.00 feet of the South Half of the Southwest Quarter of the Southeast Quarter of Section 34, Township 28, Range 24, lying West of the East 155.00 feet, and lying East of the West 30.00 feet of the East Quarter of said South Half of the Southwest Quarter of the Southeast Quarter. AND The North 32.18 feet of the South 206.18 feet of the West 28.05 feet of the South Half of the Southeast Quarter of the Southeast Quarter of Section 34, Township 28, Range 24. Code Requirements / Required Findings Part 1: The following conditions apply to the expansion of nonconforming uses in the Mixed Use Districts: Expansion may be allowed up to 10 percent of the gross floor area provided the expansion meets all other applicable City requirements. Any expansion or modification of a legal nonconforming use should not significantly impede implementation of goals and policies of the Comprehensive Plan. The proposed expansion is not expected to have any significant adverse impact on the implementation of the goals and policies of the Comprehensive Plan. Part 2: The following conditions apply to the expansion of nonconforming buildings in the Mixed Use Districts: Expansion or modification of a legally nonconforming building shall: a) Not increase the overall, site-wide degree of nonconformity; The proposal will only increase compliance with current code requirements. b) Demonstrate that zoning and Comprehensive Plan requirements are met to the greatest degree practical. These requirements include, but are not limited to: parking, landscaping, architectural design and fagade treatment, and site design; The proposal will meet or improve upon all requirements contained in the zoning code. c) Off-set departures from zoning and Comprehensive Plan requirements through superior design and/or additional community/site amenities; There are no significant departures from zoning and Comprehensive Plan requirements in terms of building form. The site will be significantly improved in terms of compliance. d) Not significantly impede implementation of goals and policies of the Comprehensive Plan; No significant impediment is anticipated. e) Not have undue adverse impacts on neighboring residential properties; No undue adverse impact is expected. The proposed expansion is not related to intensity and site aesthetics will be improved. f) Not have undue adverse impacts on governmental facilities, utilities, services or existing or proposed improvements; The proposed expansion has been reviewed by City staff and no undue adverse impacts are anticipated. g) Not have undue adverse impacts on the public health, safety or welfare. No undue adverse impacts are anticipated. Part 3: The findings necessary to approve a variance are as follows (Subd. 547.11): 1. There are "practical difficulties"that prevent the property owner 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 requirement: Legal nonconforming uses may be allowed to expand by up to 10 percent of the gross floor area (537.13, Subd. 1). The applicant is proposing to use the property in a reasonable manner. The applicant is proposing to use the site in the same manner that is has been used historically. The applicant has proposed site improvements that will improve overall compliance with current Code requirements. Further, the proposed expansion will not intensify the existing use, which was the intent of limiting the expansion of nonconforming uses. All changes are related to improving conditions, services, and the accessibility of a building that is nearing obsolescence. Supervised living facilities are not currently permitted in any of the City's Zoning Districts. Not only would it would be difficult to find an alternative location for the facility, but Progress Valley has been operating their program from this location for 35 years without any significant complaints from neighboring properties. It is reasonable to allow expansion within a neighborhood that has co-existed with the facility for many years. The requested variances are the minimum necessary to alleviate the practical difficulty. The proposed plan is in keeping with the intent of both the Zoning Ordinance and the Comprehensive Plan. 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I halve:gi- wt respect thr(trf-L q uallty of L*3-vice Provided by Prr,gr ss Va ll ear. In addition, 1 have a family member who Is a grad uate Df the PFO Otess Valley worn en's pragn am. 5h a gained tre rn end aus benefl t from her stay, and has maiptai nM con d nuous snkrriety to this day,marry yeai-s after her tJrne at Progress V,111ey, I ]have-considerable prx,fcssianal an d persona I rrspeeL far and appreciation of the missin n and work*f Progress VaJ ley, The rcIsnvatinns a rid addi t1on wil I prtivid a needed client reams,i r cruased P-Oup ntert ng space, i Pwreased individ rtat therapy/rneeiri ng rounis a-id taf l'*f ricer, Additionally the renovations will fully ML-Et A]IA requirements, wls lthr as Y9311 know, is kuy Lo ensia ring aecessi blliLyr fu i`a 11. f respectfu Cly request fli at you approuL-Lhe Amend ment to Con ditl omil U s:E Purm it JR eq uest and tii a Req ijest V;u ance T'ha liking yew for yrrur coIISitll!r"li unr I'herissa Libby, Ph.D. Assista rit k1rufusscr,Huma n S eiv Ices I)-epL, Metmpolitan Ste to Universst}F 7043'East Severn]t St. SiAnt Paul, PIN 55106 551-793-1501 t i rlssa_Li ymet•ostate.cEu p 651-4 54-0003 p 1 5&p tarn 20, M4 Lichfield Cry COLMIL 67W Portland Ave-n ue Richfield. MN 55573 Subject: Amenctment to Candltipnat ire FerMft AtLD M.ria]lloe Reque5b 308 E- 7$1J' St-, Rkbfield. MN fir lRichfWeld City Cmuncil ML!- nbers= Please accept this t@Mw as ovide}nce of my support for progress Vadey, Inc.'s request fur an ame vImcitt to dwir a xistErgl Candltfonal U&P Permit wbd a variance far reiovatinm and an additim to tr*jr vvimnery Is progr&n fadil1 ty fAt 3PM dust Mg 11 Sltr-Ltit, ltidtf ietd, MN, e went tbroughr Pru%r Valley in 1987 faikuwin$ lm-atment at Hamm-Lden- HazElden agar. r1Ot my first tfeatrnent, and I betit-.ve that my sur fU1 7 y of sabrietyr is# arai of"(ass MLey. Life at Pro`s VatlRy Indud!ed 2-hour group meetings 3 tfr a Ymek and perfadic ass.iVed meetings wdth ether diems juWaRy 2-31 fn the ham, in addit on to scheiduted rneetings with r courtselors. Thu- gmup mentin s irrelieded at( the clients in a large room with seabri t all armed - btA there wa4 never enrwgh seating, We tur]k turns 54ttin5 an #ice ftoar rpf La€k of Sp cL-- AtsD date to the tack of spi3ce. Lhc.-re* wLyn fm roorm for our client rneetirvgs. We Would jList have to N id a c -aer in a rmm that vamW hapefuLly pMKMde a li the privacy. I -volunteer at progrms U ite+y to "give bade", It is my wW of saying thanks fbr saving my life. When i speak, it is In the same gnxp room, and V ya-am 188,, clients are IUR sitting on the fray. F betleye the clients deserve bettv. Tito rerLuvab ms arrd addition wHt pmvWe rv ded cilen# rDmfK, increased Sr-nkip FmF D in.& space. hnereased individual therapyfnvn atfP9 rmoms and staff Wires. Thfse renovatItms and adfftion will make life at Progress Valley mwh better for Its diems and staff. Additir5rwtiv, the rL-novatlonr,witt fLA(y meet ADA requlrert eats, Mrsu ring arcenlbility for all. Lri clr)d ng. I gr eAtty respect and heife" in trio positive reskats that result frcirn the no sslfr and work of 13myess Wtery. G retpectfuliy request first you approve the Amendm t to the CjDOCjjt$an2jl Use Permit f#.qr.1est g1hd Umn Variance"uezt. 1 incerely, Kay Ha 01-454-9M Rom nne KIbben, MA 1EI95 E-dWmQnt SA, W p#ew0od, MN 5511 L4 3 822-6747 roXanniakibbe t@gmail eDm 5epternbe r 1!), 2o:L4 Rlfhfleld City(crun{il 67m Portland Avenue R ichrfiV Idr MN 55423 5vbjea; Amend me n t to Cor,ditiona I ll-5e Permit ANA.Varlaritt Re-quest-X08 E_78" h 5t,, Richfield{MN DeaF Richtield City Counrilmember5; Peopre iven a ser,-pncl chance at 5R,are typkally gra 'i-Thinking I'd die before I WAS 21r now Ekt 62,i am sum the I ife I I IWO i&d talFrwed 2su degrees while C w23 a resident at Prcg ress Valley(PV 1, in i97!). Vy Path, not unlike n`ar`y who gain recovery through mpportiwe long term care (Ilk-e I'V) Ged me to heal, redefine myse#f, im proved my hea Ith anti weriness, rejai n a-,d rebku&r a life In rrryr Gommu rFity. I am u nique rri how far It has taken me a-5 an advocate for alcohol and drug addiction ieco,rM. Not only have I served the Twin Cities and manyr other comma nines,, bqjt I wr, ed as President for NAADAC the Association for Add Ictlar, Professionals a nd was a Stnklar I=ulbrag ht Sc h-olar for Cyprus. Trust ow, this was oat my path prior to PV, even conside ring havi ng m npleted a Hve-wank rix a1 residential trea'tmetlt program. support for Pcogct+ss VaHe'rr Inc-'s request fQF an amendment to their axlsting Conditional Use Permit and a varia nce for renovatlons a nd an adiition to their worne-n1s progra rritfab Iity at 3OB ha5t W Str"e Richfield,MN- Progress Valley has deep rom in the community and philanthropic endeavors. Do you know how and why it way faun&—d by Opus? Not only dry the healthcare provIdefs and funders maintain high posrtlwe regaFd far r Y r the farnilie5 of those helped are a nharw.ed, coworkers learn to support people in earlyr recovery a nd the i nd Melva Is learr1 to daily life riki IIr rwcessa ry to rnaJnta In recovery, Programs Va I"glues 5o much inure thin it wirl eweF take,or request,as in this case. The stic}rina stiff rerna ins to discrirrii nate aga inst those with this Illnesz,I urge you to not go clown that dark al ley-As tite worfd Inows Robi n Iii Illarns and rrtoums his u ntimely death there are millions othe rs who go un-treated or Uhler•trn&Mel) hecaLas* of people worried about what "that type of pe rswN will bring to the nerghborh*ad. R4 ally7 In ckislN, I cjmatlyr respect and app,rec late the ralsslem and work of Progren5 Valley, Thee renovations and addition wi II provide need42d djL-nt roorns increased 9FaU R mo etiV spate, IntFea$E,d individual therapyimeetrng mom and rtaff offices. Additionally the renuwatiorn will fully meet ADA requ I rerrwnt5, ensuring ac-ce5sibility for-a11, I respettfu I ly request that you approve tht Amendment to the CoDditional Use Parruk Request AND the Varrance Request, Kind regards, 5epLpmber 18, 2014 kjChf eld Clty colancll POO Pordand Avenue Richfield, MN 5-9423 Subject: AIPkoridrnent tx)4:ondltiorwal iJse PP.Frnff ANI?Vari@ocu Request ,,,90$ F_78' x'+ t,, I14c4fIelel, MN Dear Hi6fiold aty+f oUFiclimembers; Please axupt thL3 Imter as ewldertif)e of Kiursupport for Process VaAnV, ErW,.'S request Tor an armndrFu nit to their e*stl nig conditional Lase p-armit artid a variance for renovatlovs and an addi#lo+n to thelr vmmen's praWom/facilitV at lbl first 70'Stmet,fficlhflpIcii, MN. I met wthh wornen at Progress Valley For 6 wears,st+ki%nu tri wFList tt flwlrFg thlem with#heir spl rltuaky, I'he facility always ljad a welcarnlrig Iprescince, e3lLburaged persor7a I res,ponslbllltyr and 8 wwrh and held IndIV1d1,aPs. Dmuntal fe Jn relation to hhose goers. It, the r,ourye of cahM!rsatlaals wfth the wGmeri Iri the prograrn I often heard that it wx 5ometllne2 hilrrd to follow what the Rrogrnm requlrrbd, HowewFkr, re5Id(H1t&readlIV admitted that the}+could persormllyr aee the vol we I41 the program reEpImrnekIts, Mspe€TUd the czuptir eIcrrs,arxd beliEved these IndIVOLwals truer+camel i9bvut there and their fiuiure sober paths, I i7{' Pri2grarFl,its effective arf iiiirristrative stnicture, corrnmltrFkL%nt to moae allead iNitid grow in reLatlon to the PQP4jlatlr.)rf of vwamen they serw, let extreinelY comp(10-11 t Lmd dualkamd aaffr Fo34 l goals and values irk programrninR I'Ms scrv+ed dient-well,Thc-pnMrain net only Saves PIMS, I beII-OVG it brings healtWer, respoiislble, pmdulrktwe wornen to the mrnm;unfty Ir, gOrwral_ In cLo9I1V, 191•r:atlyr respuct-arid apprcrcl@te the rnFSsiQn anid WOA of Pros -y wakotreins arrtl addltrrin will I-rrowlcky needed cilerFt rooms, Lrkreasad group rnfietfng spooks, lno'Ljam#Individual rherapV/IrFeotlrkij rori-ms arms sxafl offir-el, Arlditionoltr the ronovirtions w111 fully i,iecrt AAA rm;Ldi remFsn#s, amurmij,acrxsslbiliry+tOl'aPl. I vesper Mjv"MA that you ap+p"e th-e Aine!rkLhT eni to ft-CondlWrw!ust-ftn mlt Request AND Lhe V-00anEU Re-qLK-Sj irpr'frely, yrwrr X nap p X 647 Boulder Way,8Urh%%e[I1e, Mn !i 5,-n 7 43t!2 g8l 41 3s 9!20/14 Richfleld City'CuiIrrdl 6700 Roedii r«d Avenue fcicMeld,PhN 5543.3 Suh}eet! Ai enfirripni to Conditional Use Per"Mil AND V-Priance Request- WS E. ?8th 5L, ImWidd,MN Dear Richfield CAY CCmnc9MPmbers; Rejse iccept this fetter as ewde!hCtio wl'our Fuppvrt for Progress VAlvy,Fhr,'Y,request for as arnendment ko their toxisling Condltfonal Use Permit wind a Wince for rencwatiorrs and bn atrdiRiron IJIP their women's prqua"tllpty p-t Q@ East 78th Ebreet, Rld2 geld,MR. Ih Figruarw of 2.007,we were Ire slIhn straits. Our daughter LEtra find i3een 51Tk1 WInR with thae disease of adldicUpri fur wffral years and rtmithing she had dame to date#had ob*n Fier any-vmtemted rerief from her suif*rlF% She had done detm, ou1-p4urnL therapy.,even a Stl11t uM ah tn-riptienL r uhab prorjwn,but tD no mil. All the wKle, her sufferr'hg w+;l5 taking a tall on us. U.S we tried Lu sWPPUrk 17cr not real[+ understanding what she needed. We kep! Lhi nhing that all she needed to dr?w,s;taw away from drug, not reallzingth;Pt 1w issues were mud deftpnr ab+rd a more radical solution 4409 nt!t!d4d tourar's spmnmr,herself dtan and sober nee years 8i the tam[,had gone W i1-ragress Velley aw; retwmcnded[aura do the i.Qmc- Thu thought of serWing LAUYd hidF W.1y across the country terrpf led us but m r dons were feW.Wt'hough#Fret a one-way tKket to MirinCWar not really knowing what awaeted her on the other end- After six weeksr we wnro able to come out to visit lu r- Wv were amazed to we the drfferenl=1hr sirs weeks all Progress v;maV had afreailymade In Laura. PV had made her take fesponslhlliq f1,r hr.raalf. Shp had to 4n a Job right ww,-„v and had restrictions where slip mod so and When she had to retuth N lfre Firm". She had to atLehd counscOng Hsslons,pardcipt te In gmuip mue1ir+u,and start actively wrdking* 12•stela Program. The FIlUv Ors[at least I n our eM)that Y&-had IrAn42-d flrl a plane ln.NeW Jersey hat?oAded to become a wom hri. M thu end LA the 90 tlyy;r wp came back to attend her smiduation. We had epe€#ed[hot of for her stint ar Progress Valley,sire wmAd rs-turn to New Jersey, hu,with the hdo of her counselor.Laura decided to May on In Sober Living. 4WhlFe I n 54bm Irving. Laura continued in:c-p h-pr munselor and attend rrieeiang} at the Rouwo,reinforcing the work the had 51arted. At the end of the 911 dtws sho had such a support network thm sho decided to stay In MImesuta anti try to build a life Lhero. Flash forward se"m ,nd a half yearn "ui a rs snhe-r,marrledr has a beautiful 15 mu*h•old son. and Is working as a aylisq in an 1IFN Own Mlerrtieep as Nni m She is active In her ChLareh ar4 hm x largo CIrcJe of friends, She Every aci4m! in a 32-step progriwk and ho sponsm of her own. lord she zWyr,in imurh th the staff at Rrogre&%vorFag, In 1 his d ne,our farfdlyr went from desp-crr tl0a,,(sari n whaT would happen next,to optlrrrisrn and:hope for the future. While Laura has wrwked yrtyr hard at her recovery+, progress Malley gave her the crwimnmenc,tools,and supportsb.0 rieedtd tp*f*t in eagnest on hn road 1v that retoueryr. In d(ipinR,,wo greatly respect and appeeclat-Lhe MhLtl"and work of Progress Valley. 1 he renovatJorts and bddillon will rvrowlde needed dleot rooms,,ncretsfed or-oWp rr%mrtirrg space,increased Indmiduaf dw?&FiJmcuting rourrrs and staff offices- Additionally Lfle r.ehpvztIc3 s will 11tikfq meet requh rani,ri1&,nmkari rig accessilaflity for alt. I resp cl rullyr rcn st INt you approve the AmDridmerrt to rlre QmditiNwl Um P4rTnit Rtxquest AND the uarrante Regiie$I. 5I-rceielyr, Lance&Fran Harris 3G5 E Buttammd St Wt!FWna4 POO 049090 qdg-022 d Hennepin County H uman Services $e Publ le Hop Ith 0"a rtment Behavioral Health Setvires Chemical Ifealth LSOOChlcag-o AvoF Rpls. MN, 55404 612,879-3158 Fax 612-46"559 Dom: SWternber 17, 2014 TO: Rkh field City CQci nci I 6700 Partla nd Avenue RlrhfrQId, MN 55423 From: Torn Turner he mlcal Health Wilk Supervisor Am c n-d meat to Cand ltlonai Use Perm It AN D Ida rlanco "oost- 3 09 E. '/ft St,, Rich neldr MN Dear Rlchfleld Oty Counrilmembers. Please acOePt this letter a! evidence of our support fbr Prugrew Valley+ Inc.rs request fbr an o rnendmo nt to their exKting Con dltlona I Use Perrnit and a variance for renovatloas and an addition to their wornenrs prog rare/fad I Ity at 308 East 78th Street, 1110fielde MN. Pmgre;s Valley has always been one of our most hTghly valued Hennepin County prcgrarns. They have maintain a high q ual" of semlce and professdonalism over the many Mrs we have worked with them. We are exdted about the possibility off tftem u pg radTng their -exMng far-1 y to continue to provide quality serviresservices in a settl ng that 6 cond usive to recave". where clients can feel they have msped, dignity and value. In closing, we greatly respect and eppreclate the mission Intl work of Progress Valley. The renovations and addltbn will provide needed client rooms, lincreased group rneeUng space, I n cm-ased I nd lOd ua I therapy/nInOtIng room& and .q ff ofFloes. Additionally the renavatlon s will fully meek AOA requirements, erE u ri ng a est;ibility tar oTl. I rewectfulljr request that you approve the Amendment to the Conditional Use permit Request AND the Varianoe Request. Slnr.erQly, Torn Turner Fliclifleld Cltx rcuner1 G7CO Pibttla nd Aver+utt iGFt#i,21 , MN 55 subject; puriendrrafA to ndjj iainai Use PI-Rrinft AU VaiiihIncz! Fke " St-X08 E,7g",!t,r Richflc-ld,SI N oast 1110 EM wry COUndilmembefs; pq sg 2 COC+t tl,Is I t r Ede f of my UpFoft fOF-PMgr Walley, Inc.'S N.3q tiest fl3r or`a rrEendmurit ti)their e%lsting Cancijtjn SaM Use perm It fend a v jd;pwm for MoVA110115 and or, addition I-D thVl4 wam w,n's Pmgram ffec1litV at 3€8 Ea t 7 'i 5 re t, 199 hf1 kl, Mfg. I have bran a 11pelighbUr Of al1 ti+'fur over 15 Wor& They are gri!kR nel&barl;71 nd we havc toad no prOWrn3 or r$sues. I respacl and app late the rnlssLoi, DO wog It of PrOgre5a VQ Irby. The pt nava#I L tlti ra dd51 g rn()mslan4 ff OOft`1 Mc1t6ona 11Y thE! r nu r tl ru wll I tulip Rl a t Ad IndH9dk reg u1remgitit5, en5UFLng;acwsslbGllky far all. I rspectFLlly+ rcqim$t Ulaeyau approve tllt Amendment tltie +andLtiorrnl t15e Permit Rcyesx AXa khe Varlig:lc4 Request. i ncere l.V, John Oordln 612-250. M k C1 I f.I I a I - I I I'W I I I R 5epteffiber 2011 Richfield City Ca until 5700 Portland Aaemw Richfield, M N S&4 Z3 SubJaidt= Amendment to Condiriana I Use Perrillt ARID Variance Request 308 E-7S"St_, Rrchfiew, MN pear Jliphflel+d City Councilrnembers; Please WMPI INs letter as evaderKe of OUr support for-P+Dgrms Valloy, I nc-'s reggaL"5t for a., a endrrmnt#ct t11e1r exlsll ng Cmnditionai Use Pe rmit and a variance for rerm-atlons and a n add Itlorf to thei r wornen's prograrn ffar-iJity in 109 East 7e 5treetr Richfield, M N- P-np;le I ncorpoeated ha.5 it longstanding Matlonsh p with progress Valley, We provide merrta I healt h w(viloes to thel r r-Hems as weJI as consultation and traini ng to tltefr staff. This is a vale ked re I @tionship, a n-d we are pteigsed to cdlabq rp#e wtb them.Tfieyt hmoe an excellent rePUtoCJdn for prow+idirkB the higheA level of dienf cafe based oa best practices in the fleld. Thp administratlon and staff a re qua lit +, ethical indlvid uaEs whe provide a IreFfrendous se rvlcs to the rtcEwering Owimunity.OUK inaeni is to c..untiin x thls pmfg5610nat Kellallanship for many yraars. In clasIng,we gtLmtl`y respprt a nd appfeciatd the rni ion and work of Progress Valuer, The renovation-i a rid addGtiOn wl li pmvide needed c1142Frt rooms inornwd group meeting space, Mnromased individual therapVjmL-e#rng r(PprrtS ar d st @ff offhres. AfJdltW41@ IN the renuvatiocros Mil Fully meet AI)A req ulnmerEt ensuring accessIbGlitV 16r 011. I ruspectfiAIV request that ycru apprcw the Amendment W the Cr nc itlona I Use Permit R-Pq uest AND the Variance Request, Sincerely, 4 Susan M. HaisingWri, Psy+.b. Licensed P5yciioloost Director of Cliniwi Seryioes Penple Inlc.orporaki2d Mental Hea Ith SerVJLos 2060 Centre Ppinte Ooulevard,Suite 3 Saint Patil, IVI N 5517-0 September e4. 2014 Richfield City Council 6700 Portland Avenue Richfield NN 5D423 5uh jeert:NagreSS Valley IrK:- AmwWment to Condi#iarrel Use permit and Ver•k me RequeSt 300 it-7846 Street AichfirAd MN Itichf ield City Councoi I Members! re-10 Valley has Mode a regaest f e on awn ftw to their.exist ng Conditional Use I oxmit owl a vQrianre fffr, ri rhova urns and cn additiorti to their women"s f aci I ity and associated programs at the i r Riahf idd foci Ii#y. We be-ti eve thof the proposed adidat inns far client rooms, group rneeting spate,and intrreased individual theraM/rnectfrxl roams will certainly aid in -thetir 5Wr .cR r. as They rwdeh wumwi in r&ed- We han had personal experiem a with Progress Volley and seen think-oqPviitiIiion in action. 1+Ir+e are a s#vmg suppor'tw of their Nssion wind the services they provide f or their clichts, n geevite that is grcatJy rkftded in the Ccmmun ity. WhIPJ1 our• fMi ly mmher W s attending their in-home trerittmwt program in Richfield, um could see that #htr prided a sinmy min err'k-and wert very f acursul w so f ety,sewvie ty, eduootkm and support to clients of all Qg$s who firm deeiling with addiction, At no time did we feel t-rat 0 sir client did no.-r earn& fik-si. We ermcorrtii ually thankful for the rode that they played not only da prirg the ire-home portion of the treatment.but al-go for the on-go ing sk"ri they provided fond still provide) wit h sober houb ing" weekly courtserlinq s,e.ssioni and coati rn wj api erawtion kwitk stq#f, Their prloriralih rrx ompossiez a wear halcancPd appr*a6 wW tivy we very tuiTnurlily minded- We emnat say enough goad gringo thou l their or rani xatian Ond their lecrdership_ Iri awrclusion, we request that you approval tiwir rcque-st- 5inoereiy. bennis & Karen Martodarn 141VI5 46"' Nwe N Myrnouth MW 55446 IMP midifiiew C tyr Cu undi fp Portland AMnnuo Ilk"eld, MN 554,23 SubjKT= Amerrdmt?rq to CcinditianQl Use Perr t atq Ifirriance R"ue5t• F.. 7e SI., NeWPL.M. M N Dmai Rid field Ci#w Coti ilmembm: Please accept th.15 lOfer OIL Q.YWC FCO of iDur supporl for Progfes5 Vullq'y+, Irrc.'s request for an amendment la kk>eiI 6XINfing Ca nditional UEe 1Krrm p i1w1 p Vb rianrce For renaMal Nips a+1d an Mcilditlah to thei r wavncn's pry%rzm f taCili1 V,71 308 Easc 81"atrt-fik,11i0krieid. M r!, 4 r1 i"'•1rC F- 1. }7. .: r 7 M, my k ci I ti x 1 h 1 .,.. , . , , °• 1 t ; F--%,t. I•w' }-%x_. Mn d wJng, we greafly respect and apprecWte the ml%ck)rF-i nd work of Progfe5s VaNay. 1*Iem. r-nuwatibrmg arnd addiuGn whit lsrrxwJdr weded diem rooms, Increii5iNdi gr4,I,J3 11144-1 ling space, increased Ir dlwid-ual themnjrneatng roorns and staff-off Ims Add4i inns Ili+khe renE allons vwlll fully+mert ADA regU Ir1 megt% EMSUFFhU a€oEssandFtyr Fir ad. I respectfuI[}r request that yc)u apprc+ne the Amundment m the Con-ditlonai Use I°umit-Request AND the Mbrivict Hs`gl e t. bleil R1`y+, Na me Contact inda rmation r1 4 • L 22 ` y ax Z aU a LW o y w o w mNU a W J,r U V > ose caC: 4J Z ww a m c m N LO a oU o 0 EO ti a r O ' 1 U E LVa W y CJ LU 3nv aNZ cn C: L LO o a 2 O E y f N L a a a U 1` Cn mid W o U m coW aax W O O m 0 U 0_ M Of a a ZN N LL u a o wUw mNU a D a U a a r N wW c- O a U c CV U) U oo C: a N Q ti o r i a 1 3 1 E W i In o 0 L s U LO WLU 3nH aNZ lJJ L L x LO 7 6 a E i H a Q amid W m Z m x W W O M 7 AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 2 REPORT# CASE# 14-CUP-03,14-CP- 01 J PLANNING COMMISSION STAFF REPORT PC MEETING DATE: OCTOBER 27, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider a request for a Comprehensive Plan Amendment and Conditional Use Permit to allow a religious institution at 6601 and 6605 1 st Avenue, and 6600 and 6608 Stevens Avenue. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: 1) Recommend approval or denial of a Comprehensive Plan Amendment to change the designation of 6600 Stevens Avenue and 6608 Stevens Avenue from "Low Density Residential" to Public/Quasi-Public". 2) Recommend approval or denial of a Conditional Use Permit to allow construction of a new facility for a religious institution at 6601 1st Avenue (including 6605 1St Avenue, 6600 and 6608 Stevens Avenue). II. BACKGROUND Central Baptist Theological Seminary owns four adjacent parcels at 6601 and 6605 1 st Avenue and 6600 and 6608 Stevens Avenue. Southview Baptist Church met at this site for many years, until their final service in September 2013. The congregation donated the properties to the Seminary to put them up for sale. The existing church building, at 6605 1st Avenue, has mold issues and failing mechanical systems. The two single- family properties on Stevens Avenue were held by Southview Baptist as rental properties, and were occupied by members of the congregation. The applicant, Diamond Lake Congregation of Jehovah's Witnesses, is proposing to acquire the four properties and build a new religious facility, known as a Kingdom Hall. The proposed Kingdom Hall would be a one-story 4,085 square foot building, with seating for 132 people. All of the existing structures on the site would be demolished. The applicant is requesting an amendment to the City's Comprehensive Plan, to change the designation of 6600 and 6608 Stevens Avenue from "Low Density Residential" to Public/Quasi-Public", and a Conditional Use Permit to allow a religious institution. III. BASIS OF RECOMMENDATION A. POLICY Comprehensive Plan Amendment: The Comprehensive Plan is a vision and guide for future land use decisions in the City. The plan guides 6601 and 6605 1 st Avenue as "Public/Quasi-Public," which includes religious institutions. The plan guides 6600 and 6608 Stevens Avenue as "Low Density Residential." Under the current designation, a potential redevelopment of the Stevens Avenue properties could include single-family, two-family, or cluster home developments. Amending the City's Comprehensive Plan is a question of community character, and the factors to be considered in that decision are qualitative, rather than quantitative. Whether or not this change is appropriate and desired for the neighborhood is a decision that should be made by the appointed and elected leaders of the community, rather than by city staff. Conditional Use Permit: In the Single-Family Residential (R) zoning district, religious institutions are a conditionally permitted use, provided that the following conditions are met: The use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets (this condition is met); Outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line (N/A— no facilities are planned); and Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties (this condition is met). The Council must also find that the eight general requirements to grant a CUP are met. A full discussion of these requirements can be found in the attached document, but two key considerations are that: 1) The proposed use is consistent with the goals, policies, and objectives of the City's Comprehensive Plan; and 2) There is a public need for such use at the proposed location. B. CRITICAL ISSUES Comprehensive Plan amendments require a four-fifths majority vote by the City Council. Amendments must also be approved by the Metropolitan Council. If the Comprehensive Plan Amendment and Conditional Use Permit are approved, the applicant shall also be required to submit an application for plat approval. As of Tuesday, October 21, two residents in the notification area (6613 and 6627 1St Avenue) corresponded with staff. No opposition was stated by either party. C. FINANCIAL The required processing fees have 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. City Council consideration is scheduled for November 10, 2014. If the Council adopts the recommended changes, they will be submitted to the Metropolitan Council for review. IV. ALTERNATIVE RECOMMENDATION(S) Recommend denial of the Comprehensive Plan Amendment and Conditional Use Permit. V. ATTACHMENTS Resolutions Requirements documentation Site plans and elevations Zoning & Planning maps Photographs of existing conditions VI. PRINCIPAL PARTIES EXPECTED AT MEETING Jason Nelson, congregation representative Phil Blasko, HTG Architect RESOLUTION NO. RESOLUTION AMENDING THE CITY'S COMPREHENSIVE PLAN CHANGING THE DESIGNATION OF 6600 STEVENS AVENUE AND 6608 STEVENS AVENUE TO "PUBLIC/QUASI-PUBLIC" WHEREAS, the City's Comprehensive Plan provides a Guide Plan establishing particular planning needs for specific segments of the City; and WHEREAS, the Comprehensive Plan designates 6600 Stevens Avenue and 6608 Stevens Avenue as "Low Density Residential"; and WHEREAS, the City has reviewed the Guide Plan classification and determined that it would be appropriate to designate 6600 Stevens Avenue and 6608 Stevens Avenue as Public/Quasi Public" ; and WHEREAS, the Planning Commission conducted a public hearing on October 27, 2014 concerning modifying the Guide Plan and recommended approval of the modifications; and WHEREAS, the City Council considered the amendment on November 10, 2014; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield, Minnesota that the City's Comprehensive Plan is hereby amended to designate 6600 Stevens Avenue and 6608 Stevens Avenue as "Public/Quasi Public" and is contingent upon the following: 1. The revision is submitted to and approved by the Metropolitan Council. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of November 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk RESOLUTION NO. RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A RELIGIOUS INSTITUTION AT 6601 AND 6605 1ST AVENUE AND 6600 AND 6608 STEVENS AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a conditional use permit to allow the construction of a religious institution at property commonly known as 6601 1St Avenue, 6605 1St Avenue, 6600 Stevens Avenue and 6608 Stevens Avenue (herein "The Property"), property legally described as: SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT A WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit at its October 27, 2014 meeting; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit as specified in Richfield's Zoning Code, Section 547.09; and WHEREAS, this requested conditional use permit meets the requirements necessary for issuing a conditional use permit for a religious institution as specified in Richfield's Zoning Code, Section 514.07, Subdivision 7; and WHEREAS, based on the findings below, the Richfield City Council approves the requested variance from Richfield Zoning Code Subsection 509.15, Subd. 3; and WHEREAS, the City has fully considered the request for approval of the conditional use permit; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. A conditional use permit is issued to allow a religious institution with a floor area of 4,085 square feet, as described in City Council Letter No. on the Subject Property legally described above. 2. This conditional use permit is subject to the following conditions in addition to those specified in Section 547.09 of the City's Zoning Ordinance: The applicant shall submit a final landscaping plan in compliance with the requirements of Section 544, including fence details, subject to approval by the Community Development Department. The applicant shall also submit a photometric lighting plan; and All required parking stalls must be maintained and free of snow or other materials year-round. The applicant shall be responsible for the continual maintenance of landscaping in accordance with approved plans; and This approval does not constitute approval of any signs. Signs permits must be applied for separately. 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 commencement of any work; The recipient of this conditional use permit shall 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. Proof of recording must be submitted to the City prior to the issuance of building permits. The applicant shall apply for plat approval within 60 days of the date of this resolution. Prior to the issuance of an occupancy permit, the applicant shall provide proof of recording the plat with Hennepin County. Prior to the issuance of an occupancy permit, the applicant shall submit a surety equal to 125% of the value of any outstanding improvements (in accordance with Section 547.17 of the City Code). 3. This conditional use permit shall expire one year after it has been issued unless 1) the use for which the permit was granted has commenced; or 2) Building permits have been issued and substantial work performed; or 3) Upon written request of the applicant, the Council extends the expiration date for an additional period not to exceed one year. Expiration is governed by the City Zoning Ordinance, Section 547.09, Subdivision 9. 4. This conditional use permit shall remain in effect for so long as conditions regulating it are observed, and the conditional use permit shall expire if normal operation of the use has been discontinued for 12 or more months, as required by the City's Zoning Ordinance, Section 547.09, Subd. 10. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of November 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk EXHIBIT A - LEGAL DESCRIPTION Parcel 1: That part of Lot 7, Goodspeed's First Plat,described as follows: to-wit: Beginning at the Northwest corner of said Lot 7,and running thence South along the West line of said Lot 7, a distance of 46.56 feet; thence running East a distance of 135.62 feet; thence running North a distance of 46.62 feet to the North line of said Lot 7; thence running West along the said North line of Lot 7 a distance of 135.63 feet to the place of beginning. That North 22.56 feet of that part of Lot 7 described as follows: Beginning at a point on the West line of said Lot 7;46.56 feet South of the Northwest corner of said Lot 7, thence running East a distance of 135.62 feet; thence South to a point on the South line of said Lot 7, 135.61 feet East of the Southwest corner of said Lot 7;thence West to said Southwest corner; thence North along the West line of said Lot 7 to the point of beginning Goodspeed's First Plat. Parcel 2: That part of Lot 7, Goodspeed's First Plat,described as follows: Commencing at the Northwest corner of said Lot 7, thence South along the West line of said Lot 7, 46.56 feet, thence Easton a line parallel to the North line of said Lot 7, 135.62 feet to the actual point of beginning; thence North to a point on the North line of said Lot 7, 135.63 feet Eastfrom the Northwest corner thereof; thence Eastalong the North line of said Lot 7 to the Northeast corner; thence South along the East line to the southeast corner of said Lot 7, thence West along the South line to a point 135.61 feet Eastfrom the Southwest corner measured along the South line of said Lot 7; thence North to the actual point of beginning. Parcel 3: That part of Lot 7, described as follows: Beginning at a point on the West line of said Lot 7,46.56 feet South of the Northwest corner of said Lot 7,thence running East a distance of 135.62 feet; thence South to a point on the South line of said Lot 7, 135.61 feet East of the Southwest corner of said Lot 7,thence West to said Southwest corner, thence North along the West line of said Lot 7 to the point of beginning, except the North 22.56 feet thereof. The West 1/2 of Lot 8, except the South 50 feet thereof, Goodspeed's First Plat. Parcel 4: The East 1/2 of Lot 8, Goodspeed's First Plat, Hennepin County, Minnesota. THE ABOVE PARCELS ARE CONTIGUOUS Code Requirements / Required Findings 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. The Comprehensive Plan designates 6601 and 6605 1st Avenue as "Quasi-Public," which includes religious institutions. The plan currently designates 6600 and 6608 Stevens Avenue as "Low Density Residential." This requirement will be met if the City Council amends the Comprehensive Plan to reclassify the Stevens Avenue properties as "Quasi- Public." 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. Religious institutions are allowed as a conditional use in the Single-Family Residential (R) district, subject to the provisions of Subsection 514.07, Subd. 7. The proposed development meets the following requirements: The use site shall abut a collector or arterial street or be located such that significant traffic will not be generated on local residential streets; Outdoor facilities designed for group activities shall be set back at least 40 feet from any lot line; and Buffering shall be provided to mitigate noise and adverse visual impacts on adjacent properties. 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 will be required to submit a final landscaping plan, meeting all requirements of Section 544, subject to approval by the Community Development Department. 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. The applicant shall work with the Public Works Department and Hennepin County regarding any changes to the right-of-way as part of the 66th Street reconstruction project. f) The use will not have undue adverse impacts on the public health, safety or welfare. No undue adverse impacts are anticipated. The applicant must comply with all requirements of the Administrative Review Committee Report dated October 9, 2014. g) There is a public need for such use at the proposed location. The applicant has requested an amendment to the city's comprehensive plan as part of this request. Approval of the requested amendment would indicate that the City finds that there is a public need for this use in this location. h) The proposed use meets or will meet all the specific conditions set by this Code for the granting of such conditional use permit. 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A, a..+4!4 k1':" i r z UONN LL OO Q E7 ' o ° o 0 0 0 0 0 u UNO ii LL C' a CJJ U o c 3nN3AV SN3A31S 6 S 0M N o w UJ LV E N a x ow 0 0 0 C °J iD C ti U O 3nN3At11S6 Ln U c? 1 SF o o ~ rLJIJ El O a o @ m Q O Ear K K K E N O L E.-m N C y N r BnN3AV 131100IN o a=U U r D OclT W a O N N N LL O N a 0 Y a V 3f1N3AV SN3A31S 6 0M N o LU ca N W LLj LV L lq n o ow1 x 3 E Q O 3nN3AVIS6 a N m m r 3n N3AV 131100IN LL c .52 A W AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 3 REPORT# 11 CASE# J PLANNING COMMISSION STAFF REPORT PC MEETING DATE: OCTOBER 27, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider amendments to the City's Zoning Ordinance. The proposed ordinance would amend the way in which the City administers odor control requirements for commercial kitchens. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached ordinance amending Subsection 544.27 related to commercial kitchen odor control. II. BACKGROUND During the summer, two Appeals to the City Council related to enforcement of Odor Control made it evident that the pertinent language in the Zoning Ordinance is vague and inadequate. The only language currently contained in the Zoning Ordinance (in Section 544.27) in regards to odors is: Environmental Effects. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety, or cause injury to property or business. Since the fall of 1986 it has been the practice of City staff to interpret this language to imply that emissions from a commercial kitchen with a Type I Ventilation Hood (if required by the Minnesota Building Code) would emit odors to a degree that would be detrimental to the public comfort of adjacent residential properties. As such, restaurants emitting such odors and adjacent to residential property would either be prohibited or would require some form of mechanical or chemical odor control device. Discussions with former City employees have indicated that this interpretation was based on City Council direction resulting from vocal public objection to the impacts of odor caused by Champps Restaurant. Recent restaurants that have installed complying odor control devices include: Pizza Luce, Mi Ama, Andale, Lyn65, El Tejeban and, most recently, MyBurger (required as a condition of approval). In the case of Lakewinds Co-Op, the adjacent residential is planned but not yet constructed. In this circumstance, staff required Lakewinds to design an odor control system and to ensure that their building could accommodate that system in the future if there are complaints from future residential neighbors. The City Attorney has advised that an abrupt change in the way staff administers the Code as it pertains to odors, without a formal change in policy could lead former applicants to the conclusion that the Ordinance is being applied in an arbitrary and capricious manner. There is agreement amongst staff, the City Council and the business community (via the Chamber of Commerce) that the language in the current Zoning Ordinance lacks the specificity for property owners to understand expectations and for staff to properly enforce it in accordance with public will. Staff is recommending, therefore, a Zoning Ordinance Amendment pertaining to odor control. Based on past experiences in administering odor control requirements, past reaction from businesses and residents, and recent discussions with the City Council, staff is suggesting that odor control be addressed separately in the Zoning Ordinance as follows: Commercial Kitchen Odor Control: All properties that contain cooking apparatus which necessitates the installation of a Type 1 Ventilation Hood (as required by State Building Code) and which abut (or are located within ISO feet even if not abutting) existing and/or future residential property shall mitigate or otherwise address the impact of odors as follows: New Restaurant Sites abutting or adjacent to existing residential properties shall install professionally designed odor control remedies; New Restaurant Sites abutting or adjacent to future residential development (either as a result of the Comprehensive Plan or an approved development plan), or Pre-Existing Restaurant Sites which are intensifying cooking equipment and/or odor emissions, abutting or adjacent to existing residential and/or residentially zoned property shall: Provide plans for a professionally designed odor control remedy and a statement by a structural engineer that the building design could accommodate the planned odor control and screening in the future. Subsequent complaints of odor impacts may result in the requirement that the planned odor control device be installed. Administrative Exemptions: The Community Development Director shall have the authority to exempt uses from meeting the Odor Control requirements with a written finding that the proposed commercial kitchen is for an institutional (or similar) use that will have limited hours of operation and/or minimal usage; The rational for treating pre-existing restaurants or new restaurants adjacent to future residential development differently is because occupants in such situations were aware of the existence, and potential impacts, of the restaurant site in question before they decided to purchase or rent their home. III. BASIS OF RECOMMENDATION A. POLICY City Staff, the City Council and the Business Community (as represented by the Chamber of Commerce) all agree that the exiting language in the Zoning Ordinance regarding odor control is inadequate and imprecise. There have been two appeals related to odor control submitted to the City Council since May. One of the primary goals of the zoning code is to foster harmonious and workable relationships among land uses. B. CRITICAL ISSUES In response to an Appeal of the Odor Control requirements for 6736 Penn Avenue South (Fireside Pizza), the City Council made allowances that would conform to the suggested Ordinance Revision. C. FINANCIAL 0 N/A D. LEGAL The City Attorney has been involved in drafting the proposed Ordinance Revision. 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 544.27 RELATED TO COMMERCIAL KITCHEN ODOR CONTROL THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 544.27 of the Richfield City Code is amended to read as follows: 544.27. Environmental Effects. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust or particulate matter in such concentrations as to detrimental to or endanger the public health, welfare, comfort or safety, or cause injury to property or business. Subd. 1. Commercial Kitchen Odor Control. All properties that contain cooking apparatus which necessitates the installation of a Type 1 Ventilation Hood (as required by State Building Code) and which abut (or are located within 150 feet even if not abutting) existing and/or future residential property shall mitigate or otherwise address the impact of odors as follows: a) Adjacent to Existing Residential. New restaurant sites abutting or adjacent to existing residential properties shall install professionally-designed odor control remedies; b) Adjacent to Future Residential. New restaurant sites abutting or adjacent to future residential development (either as a result of the Comprehensive Plan or an approved development plan) shall provide plans for a professionally- designed odor control remedy and a statement by a structural engineer that the building design could accommodate the planned odor control and associated screening in the future. Subsequent complaints of odor impacts may result in the requirement that the planned odor control device be installed. c) Pre-existing Restaurant Sites. Pre-existing restaurant sites abutting or adjacent to either existing or future residential development, which are intensifying cooking equipment and/or odor emissions, shall follow the requirements of clause b above. d) Administrative Exemptions: The Community Development Director shall have the authority to exempt uses from meeting the requirements of this Subdivision with a written finding that the proposed commercial kitchen is for an institutional (or similar) use that will have limited hours of operation and/or minimal useage. Section 2 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 November, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 4 REPORT# 12 CASE# J PLANNING COMMISSION STAFF REPORT PC MEETING DATE: OCTOBER 27, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider an amendment to the City's Zoning Ordinance. The proposed amendment will add "municipal parking lots" to the list of permitted uses in the Penn Avenue Corridor Overlay District. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached ordinance amending Subsection 541.21, Subdivision 3 of the Richfield City Code to allow municipally-owned parking lots in the Penn Avenue Corridor Overlay District. II. BACKGROUND City staff continually monitors and notes areas of the Zoning Code that may require revision. Proposed amendments 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. Over the past few years, parking in the Penn Avenue Corridor has been a near-constant issue. Parking is not generally permitted as a primary or sole use in any district in the City; however, the unique characteristics of the Penn Avenue Corridor make this an option that the City may want to consider in the future. There are no current plans for a municipal parking lot on Penn Avenue. 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 proposed amendment is in keeping with the Penn Avenue Master Revitalization Plan. 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 approved by the Council, the ordinance will take effect following publication in the Sun Current. 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 SUBSECTION 541.21, SUBDIVISION 3 RELATED TO MUNICPAL PARKING LOTS IN THE PENN AVENUE CORRIDOR OVERLAY DISTRICT THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 541.21, Subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Applicable regulations. The regulations of the underlying Mixed-Use Community (MU-C) District shall apply with the following additions and exceptions: a) Uses. All permitted, accessory, conditional and interim uses allowed in the MU-C District are allowed in the PAC District with the following additions, qualifications and/or exceptions: Table 1 Uses in the Penn Avenue Corridor Overlay District Note — The following abbreviations are used within the use table: P = Permitted use A = Accessory use C = Conditionally permitted N = Not permitted Use PAC Regional retail services P Auto mechanical or body repair shops N Auto detailing N Dwelling, townhouse (min. density 6 P du/acre) Dwelling, multifamily (min. density 6 du/acre) P Live-work units (min. density 6 du/acre) P Transit facilities or municipal parking lots P b) Uses not listed. Any land use not listed as Permitted, Accessory or Conditional in this subsection or other referenced subsections is prohibited in the Penn Avenue Corridor Overlay District unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code. c) Conditional uses. All conditions applicable in the MU-C District, as found in Subsection 537.05 of this code, apply in the PAC District with the following additions, qualifications and/or exceptions: i) Restaurant Class III or Drive-Up Window Teller Service. In addition to the rules governing drive-up window or teller service in the underlying MU-C District, a minimum distance of 150 feet must be maintained between such facilities in the PAC District (as measured from property line to property line). d) Bulk and dimensional standards. All bulk and dimensional standards applicable in the MU-C District, as found in Subsection 537.07 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: i) The minimum two-story building requirement prescribed in Table 2 of Subsection 537.07 does not apply within the PAC District. ii) The maximum number of building stories in the PAC District shall be eight 8) stories. iii) A mix of uses, as prescribed by Subsection 537.07, Subd. 2(b) is not required within the PAC District. e) Other Performance Standards. All additional performance standards applicable in the MU-C District, as found in Subsection 537.11 of this code, shall apply in the PAC District with the following additions, qualifications and/or exceptions: i) The above-ground parking ramps orientation requirement described by Subsection 537.11, Subd. 6(d) does not apply in the PAC District. ii) The open space requirement described by Subsection 537.11, Subd. 8 does not apply in the PAC District. Sec. 2 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 9th day of December, 2014. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: New Business AGENDA ITEM # 5 PC LETTER# 13 CASE# PLANNING COMMISSION STAFF REPORT PC MEETING DATE: OCTOBER 27, 2014 ITEM FOR PLANNING COMMISSION CONSIDERATION: Consideration of a motion rescheduling the regular December Planning Commission meeting. I.RECOMMENDED ACTION: By Motion: Approve the rescheduling of the regular December Planning Commission meeting from December 22, 2014 to December 8, 2014. II. BACKGROUND The regularly scheduled December Planning Commission meeting falls on Monday, December 22nd. December 8th, the second Monday of the month, was originally discussed as a possible study session date; however, no topic has been discussed. Rather than hold a study session, staff proposes that the Commission reschedule the regular December meeting to this date (if needed) in order to allow for the processing of applications, should they be submitted. III. BASIS OF RECOMMENDATION Proximity of regular meeting to Christmas holiday. IV. ATTACHMENTS None