012615 PacketPLANNING COMMISSION
AGENDA
January 26, 2015
7:00 p.m.
Introductory Proceedings
Roll Call
Approval of Minutes: Planning Commission regular meeting of November 24, 2014, study session
of December 8, 2014 and study session of January 12, 2015.
Opportunity for Citizens to Address the Commission on items not on the Agenda
Public Hearing
ITEM #1 14-CUP-04; 14- Consider Conditional Use Permit and Variances related to
VAR-06 the construction of a new (replacement)Wendy's restaurant
at 6500 Lyndale Avenue.
ITEM #2 PC Letter#2 Continue the public hearing to consider amendments to the
City's Zoning Ordinance related to taller (up to two-story)
accessory garages and accessory dwelling units in the
Single-Family (R and R-1) Districts.
New Business
ITEM #3 PC Letter#3 Recommendation of intersection designs for 66th Street.
ITEM #4 PC Letter#4 Discuss Bylaw change related to Quorum.
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
Upcoming Meeting Dates: January 27, 2015 5:45 p.m.
with City Council, February 18, 2015 6:30-7:30 p.m.
Commissioner Orientation and regular Planning
Commission meeting on February 23, 2015
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
F Minutes
November 24, 2014
MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Dan Kitzberger,
Gordon Vizecky, Charles Standfuss, and Susan Rosenberg
MEMBERS ABSENT:Commissioners Alison Groebner and Tom Rublein
STAFF PRESENT: Melissa Poehlman, City Planner
Matt Brillhart, Planning Technician
OTHERS PRESENT: None.
Chairperson Jabs called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
M/Vizecky, S/Rosenberg to approve the minutes of the October 27, 2014 regular
meeting.
Motion carried: 5-0
OPEN FORUM
No members of the public spoke.
PUBLIC HEARING(S)
ITEM #1
PC Letter No. 14 — Consideration of an amendment to the City's Zoning
Ordinance. The proposed ordinance would revise regulations related to drive-up
service windows in the Mixed Use Districts.
City Planner Melissa Poehlman presented the staff report.
In response to questions from Commissioner Vizecky, Poehlman clarified that the
proposed amendment only addressed the Mixed Use zoning districts. Poehlman stated
that the city does not have separation requirements for gas stations.
M/Rosenberg, S/Standfuss to close the public hearing.
November 24, 2014
Motion carried: 5-0
Commissioner Vizecky stated that the proposed amendment seemed to be targeting
fast food in particular.
M/Rosenberg, S/Standfuss to recommend approval of the ordinance amendment.
Motion carried: 4-1 (Vizecky opposed)
NEW BUSINESS
OLD BUSINESS
ITEM #5
PC Letter No. 15 — Continued consideration of 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.
Poehlman presented the staff report.
In response to a question from Chair Jabs, Poehlman stated that the prior approval of
Fireside Pizza's expansion plans were in line with this ordinance amendment.
M/Rosenberg, S/Standfuss to recommend approval of the ordinance amendment.
LIAISON REPORTS
Community Services Advisory Commission: No report
City Council: No report
HRA: Commissioner No report
Richfield School Board: No report
Transportation Commission: No report
Chamber of Commerce: Commissioner Vizecky
Other: None
CITY PLANNER'S REPORT
Poehlman noted that the Kingdom Hall proposal considered by the Planning
Commission in October had been withdrawn. On December 8, a study session will be
held including a transportation update from Jeff Pearson and a discussion regarding an
ordinance amendment to allow 2-story accessory structures.
2
November 24, 2014
ADJOURNMENT
M/Rosenberg, S/Vizecky to adjourn the meeting.
Motion carried: 5-0
The meeting was adjourned by unanimous consent at 7:20 p.m.
Gordon Vizecky
Acting Secretary
3
Planning Commission
Study Session Minutes
December 8, 2014
MEMBERS PRESENT: Chairperson Rick Jabs, Commissioners Susan Rosenberg,
Dan Kitzberger, Alison Groebner, Charles Standfuss and
Gordon Vizecky
MEMBERS ABSENT:Commissioner Tom Rublein
STAFF PRESENT: Jeff Pearson, Transportation Engineer
Melissa Poehlman, City Planner
OTHERS PRESENT: None
Chairperson Jabs called the meeting to order at 6:00 p.m.
ITEM #1 Transportation Project Update
City Transportation Engineer Jeff Pearson gave the Commission an overview of various
transportation projects completed in 2014 and upcoming in 2015 and beyond.
ITEM #2 Discuss Ordinance Amendment — Accessory Garage Structures
City Planner Melissa Poehlman presented potential revisions to regulations for
accessory garage structures on single-family lots. Planning Commissioners' comments
are summarized as follows:
Consider the definition of gross floor area and whether this is the appropriate
term to use.
Discussion of whether or not it is important to limit the total size of accessory
garages to less than that of the house.
Discussion of whether or not sub-grade floor area should count toward overall
interior area.
Accessory structure bulk (height, footprint) should not exceed that of house.
Height limitations based on lot size are appropriate (less than 75-foot wide lot —
accessory structure not to exceed 1 '/2 stories or height of house, whichever is
less).
No increased setbacks.
Allow accessory dwelling units with homestead requirement for property.
December 8, 2014
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:50 p.m.
Rick Jabs, Chair/Acting-Secretary
2
Planning Commission
F + Study Session Minutes
January 12, 2015
MEMBERS PRESENT: Commissioners Susan Rosenberg, Dan Kitzberger, Alison
Groebner, and Charles Standfuss
MEMBERS ABSENT:Chairperson Rick Jabs, Commissioners Tom Rublein and
Gordon Vizecky
STAFF PRESENT: Mike Eastling, Public Works Director
Melissa Poehlman, City Planner
Jeff Pearson, Transportation Engineer
OTHERS PRESENT: None
Acting Chairperson Rosenberg called the meeting to order at 7:02 p.m.
ITEM #1 Discuss intersection design options for Nicollet Avenue, Lyndale
Avenue, and 35W along
66th Street.
Public Works Director Mike Eastling reviewed how we got to the point of the decision in
front of the City Council on February 24th. The design of intersection controls will affect
the appearance of Richfield for years to come. Eastling handed out the "Guiding
Principles" for the overall project(s).
Transportation Engineer Jeff Pearson discussed the design details of the roundabouts.
This is part of the communications effort with influential stakeholders. Safety and
design standards are among the considerations. Convenience and advantages for the
downtown area also important. Lyndale and 66th: becoming a downtown area, needs to
be walkable, bikeable. Key words: "community amenities;" "comfort;" "safety;" "provide
comfortable places to walk and sit."
New "acceptable" roundabout considerations on 66th:
1-35W
Lyndale
Nicollet
Pearson demonstrated pedestrian warning signs and lights; video of installation in
Burnsville.
Pearson presented overhead views of layout of roundabouts at each intersection and
losses or gains to adjoining properties.
January 12, 2015
Discussion of roundabouts and business concerns; traffic passing by too quickly or too
slowly. Video shown: Glens Falls, NY; business impact - positive testimonials.
From 1-35W to Portland becomes a "Roundabout Corridor."
The City's Transportation Commission has recommended adoption of these design
changes to these three intersections.
City Staff will be presenting a recommendation to the Planning Commission at the
January meeting.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:15 p.m.
Charles Standfuss, Acting Secretary
2
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 1
REPORT#
CASE# 14-CUP-04, 14-
VAR-06
J PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: JANUARY 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Public hearing to consider a request for a Conditional Use Permit and Variances to allow
construction of a new (replacement) Wendy's restaurant at 6500 Lyndale Avenue.
I.RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Recommend
approval of a Conditional Use Permit and Variances to allow the
construction of a replacement Class III Restaurant with drive-up
window service at 6500 Lyndale Avenue.
II. BACKGROUND
The property at 6500 Lyndale Avenue has been operated as a Wendy's fast food
restaurant with drive-thru service since 1979. The original restaurant was approved
with 74 seats and 34 parking spaces. In 1987, the Council approved the addition of the
solarium to the front of the building thereby increasing the seating capacity to 90. The
site is legally nonconforming in regard to a variety of site requirements including
parking, landscaping and setbacks.
Wendy's is requesting to demolish the existing restaurant building and construct a new
building that is approximately 196 square feet larger. Wendy's indicates a proposed
seating capacity of 75 people. The proposal will bring the site into compliance with
trash storage, landscaping and equipment screening requirements and improve internal
site circulation and the overall appearance of the building. Pedestrian access to the site
will also be improved. Items such as parking lot setbacks and landscaped islands within
the parking lot remain nonconforming, but do not increase in their degree of
nonconformity. Wendy's is asking for variances and/or consideration related to three
items that do not comply with Code requirements:
1) Decreased distance of order station from a residential property (from 55 feet
to 47.9 feet)
2) Decreased front setback (from 36 feet to 32.9 feet), and
3) Reduced parking (from 34 to 33 spaces).
III. BASIS OF RECOMMENDATION
A. POLICY
There are a number of different review criteria that apply to this proposal. A full
discussion of all requirements has been included as an attachment to this report.
Drive-up service criteria:
Uses that provide drive-up window or teller service are conditionally permitted in the
General Business (C-2) District. There are five specific criteria related to such uses.
With the exception of the minimum separation requirement for elements of the drive-up
service from residential property (150 ft.), all criteria are met. The existing drive-thru
equipment is legally nonconforming with a setback of 55 ft. from the adjoining Market
Plaza/Village Shores property line. The applicant has requested a variance to allow a
further reduction to 47.9 ft. Staff believes that the criteria necessary to approve this
variance are met; specifically the fact that the order station will remain 227 ft. from the
residential oprtionoftheadjacentbuilding. A full discussion of the variance criteria
related to this request is included in the attached requirements document.
Conditional Use Permit
There are eight specific criteria for the issuance of a Conditional Use Permit. These
criteria primarily address whether or not a proposal is consistent with the goals of the
City's Comprehensive Plan and Zoning Code and the general regulations of the District
in which is it located. The Mixed Use designation of the Comprehensive Plan and the
General Business Zoning Designation accommodate a wide variety of uses of which
restaurants with drive-thru service are one. With the exception of the items for which
Wendy's has requested variances, staff believes these criteria are met.
General Business District and Performance Standards
The proposed new building and site design improve upon a number of existing
conditions, although there are instances where due to the size and shape of the parcel,
current criteria cannot be met. Trash facilities will now be incorporated into the space of
the building, landscaping and screening will be greatly improved, a designated
pedestrian entrance from Lyndale Avenue will be added, sidewalks and boulevards will
be brought up to current standards and the building fagade in general will be greatly
improved. Staff believes that one of the most important improvements will be to internal
circulation by creating a one-way drive aisle system that will prevent awkward vehicle
movements by vehicles trying to enter the drive-thru queue from the 65th Street entrance.
Front building setback
Wendy's is requesting a variance to allow the front building setback to be reduced
from the existing (complying) 36 feet to 32.9 feet. While the general front setback
in the C-2 District is 35 feet, in 2011 the Council approved a stipulation that allows
for a reduction to as little as 5 feet when a customer entrance is provided on the
adjacent building wall. The proposal does not include a customer entrance on this
eastern wall; however, pedestrian access will be provided from the improved
Lyndale Avenue sidewalk and the customer entrance will be moved over 10 feet
closer to this sidewalk. Staff believes that this meets the intent of setback
reduction allowance that was approved in 2011 and supports the requested
variance. Variance requirements are further articulated in the attached document.
Parking
The existing restaurant is legally nonconforming in regard to parking. In 1987, the
City approved a 90-seat, 2,788 square foot restaurant with 34 parking spaces.
The City no longer calculates parking based on seating, due to the potential for
variability, and current standards would require 43 parking spaces (includes a
10% reduction for transit). Properties which are legally nonconforming in regard
to parking and looking to expand can provide additional parking for the added
space only— in this case, the additional space (196 square feet) would require 3
additional parking spaces. The Code also allows applicants to request a
modification of the required number of parking spaces by submitting a study of
anticipated parking prepared by a professional engineer or an equally qualified
individual. The applicant has submitted a letter from their Real Estate Director
indicating that the proposed parking ratios meet corporate requirements. Staff
supports the reduction to the proposed 33 stalls based on the fact that The
Wendy's Company has extensive knowledge of their customer base and what is
necessary to meet their operational needs based on a widespread network of
restaurants across the country.
Additional items of note
The recommended approval is conditioned upon a number of items that are specifically
addressed in the attached draft resolution. In addition to the standard items, the
following stipulations have been included:
Provide updated survey (applicant has commissioned work);
Provide revised landscape plan that better addresses Code requirements for tree
sizes, parking lot screening, etc.;
All utilitarian items, including cooler, must be designed into the interior space of
the building (applicant has acknowledged and work is underway);
Pedestrian lighting in keeping with Lakes at Lyndale area is required;
Continue to explore/discuss options for pedestrian access between site and
Market Plaza parcel;
Pedestrian crossing of drive aisle from Lyndale Avenue sidewalk will require
specialized treatments to enhance visibility and safety; and
Unrecorded easement at corner must be recorded with Hennepin County.
B. CRITICAL ISSUES
The proposed plans significantly improve compliance with current regulations
and vehicle safety and circulation.
The requested variances are in keeping with the intent of the regulations and
no negative impacts related to the requests are anticipated.
No changes to kitchen equipment are proposed and odor control is not
required.
C. FINANCIAL
The required processing fee has been paid.
D. LEGAL
Zoning: General Business (C-2)
Land Use: Current: Wendy's fast food restaurant
Proposed: No change
Comprehensive Plan: Mixed Use — Lakes at Lyndale area
Notification: Properties within 350-feet
Other Actions:
Council:City Council scheduled for February 10, 2015.
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
Parking reduction letter
Planning & zoning maps
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Jerad Ducklow, applicant, Vice-President Michael Holdings
RESOLUTION NO.
RESOLUTION GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT
AND VARIANCES AT
6500 LYNDALE AVENUE
WHEREAS, an application has been filed with the City of Richfield which requests
approval of conditional use permit for a Class I I I Restaurant with Drive-up Service on the
parcel of land located at 6500 Lyndale Avenue (the "Property"), legally described in the
attached Exhibit A; and
WHEREAS, the proposed conditional use permit includes a building with a front
setback of 32.9 feet and equipment related to drive-up service that is 47.9 feet from
residentially zoned property;
WHEREAS, the City Codes require either a minimum building setback of 40 feet or a
pedestrian entrance along the adjacent wall in order to reduce a front building setback;
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 534.07, Subd. 5(b) and 534.11,
Subd. 2(b); 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 General Business.
b. The existing building is legally nonconforming and could be replaced as it is.
C.The proposed site plan will improve or fully comply with the following
requirements which are currently unmet: internal circulation, drive aisle
dimensions, landscaping, impervious surface, screening of utilitarian items,
parking screening, architectural standards, pedestrian access and bicycle
parking.
d. Code states that all aspects of a drive-up service window must be located a
minimum of 150 feet from residential property. The proposed drive-up ordering
station is located 47.9 feet from residential property. A variance from Subsection
534.07, Subd. 5(b) is required.
e. Code states that front building setbacks may be reduced from 35 feet to 5 feet
when a customer entrance is provided along the adjacent wall. The proposed
building is set back 32.9 feet from the property line and no customer entrance is
provided along this front wall. A variance from Subsection 534.11, Subd. 2(b) 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 534.07, Subd. 5(b) and
534.11, Subd. 2(b) 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 in most cases improve overall
compliance with current Code requirements. Alternatively, the applicant could
replace the existing building under State nonconformity laws.
b.Unique circumstances affect the Property that were not created by the land
owner. The size, shape and topography of the site make it impossible for the
applicant to meet all Code requirements simultaneously. These circumstances
were not created by the applicant.
C.Granting the requested variances will not alter the essential character of the
neighborhood. The requested variances will allow the applicant to significantly
improve the site and are likely to go entirely unnoticed by neighbors and
customers. The front setback reduction is a matter of three feet and the drive-up
ordering station will remain over 200 feet from the residential portion of the
adjacent building.
d. The variances requested are the minimum necessary to alleviate the practical
difficulty. The proposed variances will allow for the redevelopment of a
constrained site.
3. With respect to the proposed conditional use permit, the City Council makes the
following findings:
a. The proposed site plan is consistent with the elements and objectives of the
City's development guides, including the Comprehensive Plan and any
redevelopment plans established for the area.
b. The proposed use of the site for Class III Restaurant with Drive-up Service is
consistent with the purposes of the Code, which allows for a wide variety of retail
and service businesses.
C.The proposed use will be in compliance with Code guidelines related to
performance standards (excepting the above-requested variances).
d.Undue adverse impacts to government services are not anticipated.
e. The proposed use and variances serve to avoid potential adverse impacts.
4.Based upon the above findings, variances are hereby approved to permit a 32.9-foot
front building setback and a 47.9-foot setback from the drive-up ordering station to the
adjacent residential property.
5.Based upon the above findings and variances, the proposed conditional use permit is
hereby approved according to the terms of Richfield City Code Subsection 547.09,
Subdivision 6, with the following additional stipulations:
a) That the applicant provide an updated survey including all easements;
b) That the applicant submit revised plans wherein all utilitarian items, including the
freezer/cooler are designed into the interior space of the building;
c) Final parking stall and aisle dimensions must be approved by the Community
Development and Engineering Departments;
d) Final landscape plans that address varied tree sizes, parking lot screening, etc. must
be approved by the Community Development Department;
e) Final site lighting plans must be approved by the Community Development
Department;
f) Pedestrian lighting in keeping with Public Works standards along Lyndale Avenue
must be installed;
g) The applicant must continue to explore options for a pedestrian connection to the
adjacent parcel to the south;
h) That all parking stalls (33) must be maintained and free of snow year round;
i) That approval of this conditional use permit does not include approval of any signs.
Sign permits must be applied for separately;
j) The applicant is responsible for obtaining all required permits, compliance with all
requirements detailed in the City's Administrative Review Committee Report dated
12/23/14, and compliance with all other City and State regulations. Permits are
required prior to commencement of any work;
k) That the applicant record the 10' x 10' easement for sidewalk, utility and drainage
behind the property line along 65th Street as required by initial 1978 approvals;
1) A maintenance agreement related to sidewalks, landscaping and pedestrian lighting
must be executed prior to issuance of a certificate of occupancy.
m) 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. Proof of recording is required prior to
the issuance of a building permit;
n) Prior to the issuance of an occupancy permit, the applicant shall submit a surety
equal to 125% of the value of any landscaping improvements (based on two bids
including labor cost) not yet complete.
6. 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 _th day of
2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
EXHIBIT A
Parcel 1: Tract A, Registered Land Survey No. 1318, Hennepin County, Minnesota.
torrens property, certificate of title no. 1218940)
Parcel 2: That part of Tract B, Registered Land Survey No. 1318, Hennepin County,
Minnesota, lying Easterly and Northerly of the following described line: Beginning at the
Southwest corner of Tract A, Registered Land Survey No. 1318; thence Southerly along the
Southerly extension of the Westerly line of Tract A, a distance of 8.82 feet; thence Easterly
deflecting left 82 degrees 13 minutes 28 seconds to the Easterly line of said Tract B and there
terminating.
torrens property, certificate of title no. 1218940)
Code Requirements / Required Findings
Part 1 — Class III (drive-up service) restaurant in General Business (C-2)
District: The findings necessary to approve a Class III restaurant in the C-2
District are as follows (534.07, Subd. 7).
1. Queing space for at least four cars (70 feet) shall be provided per drive-up
service lane, as measured from but not including the first drive-up service
window, teller or order station. Such queuing shall not interfere with parking
spaces or traffic circulation. This requirement is met.
2. Any drive-up service window, teller or order station, or exterior loudspeaker
shall be located at least 150 feet from any residential parcel. The applicant
has requested a variance from this requirement. Variance requests are
discussed in Part 3 below.
3. Exterior speakers shall comply with the noise control limits set by Section 930
of the City Code. The applicant is aware of this requirement.
4. The applicant shall demonstrate that such use will not significantly lower the
existing level of service on streets and intersections. Public Works has
reviewed the proposed site plan and negative impacts are not anticipated.
5. Alcoholic beverages shall not be served. This requirement is met.
Part 2 — Conditional Use Permit: The findings necessary to issue a Conditional
Use Permit (CUP) are as follows (547.09, Subd. 6):
1. The proposed use is consistent with the goals, policies, and objectives of the
City's Comprehensive Plan. This property is guided for Mixed Use which
accommodates a wide variety of retail and service uses. This proposal is
consistent with the City's desire to improve Richfield's "downtown."
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 purpose of the Zoning Code is to protect and promote the
public health, safety, comfort, aesthetics, economic viability, and general welfare
of the City. The purpose of the General Business (C-2) District is to allow a wide
variety of commercial businesses that are attractive and compatible with nearby
residential properties. The proposal is consistent with these purposes.
3. The proposed use is consistent with any officially adopted redevelopment
plans or urban design guidelines. The proposed use is consistent with the Lakes
at Lyndale plan.
4. The proposed use is or will be in compliance with the performance standards
specified in Section 544 of this code. The proposed development either
maintains the status quo or improves on all performance standards requirements
with the exception of the front building setback. The applicant has requested a
variance from this requirement. Variance requests are discussed in Part 3
below.
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 issues.
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 health,
safety and welfare.
7. There is a public need for such use at the proposed location. Investment in
and improvement of existing local businesses is necessary to maintain a healthy
community.
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.
Part 3 -Variances: 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.
Order station setback
The applicant has requested a variance to reduce the distance of the drive-thru
ordering station from residential property by 7.1 feet (from 55 feet to 47.9 feet).
Code requires a minimum of 150 feet between ordering stations and residential
property.
Criteria 1: There is an existing order station that is 55 feet from the residential
property to the west. That said, the actual residential portion of this mixed use
site will remain 227 feet from the order station. It is reasonable to replace and
slightly reduce this setback distance given the particulars of adjacent mixed use
site.
Criteria 2: The intent of the setback regulation is to protect residential neighbors
from noise that may be generated by a drive-thru service window or its
components. In this case, the zoning of the adjacent property is residential, but
the site is used for both residential and commercial purposes and the part of
building that residential is outside of the required setback area. The adjacent
parcel could have been legitimately zoned commercial and built in the same
manner, but this setback requirement would not apply. The intent of the
ordinance is met either way.
Criteria 3: The proposed variance is not expected to have any impact on the
character of the neighborhood.
Criteria 4: The proposed variance is the minimum necessary.
Criteria 5: The proposed reduction does not conflict with the purpose and/or
intent of the Comprehensive Plan or the Ordinance.
Front building setback
The applicant has requested a variance to reduce the front building setback to
32.9 feet. Code requires a minimum setback of 35 feet unless a customer
entrance is provided along encroaching wall.
Criteria 1: The existing customer entrance is more than 10 feet farther back from
the sidewalk along Lyndale Avenue. The applicant is improving the situation.
Criteria 2: The shape and topography of this site make internal circulation
difficult. In order to address this, the applicant is proposing a one-way drive aisle
system to avoid continued awkward and dangerous vehicle movements on the
north side of the building. In order to accommodate the required parking, new
directional island and drive aisle the building must extend forward slightly.
Criteria 3: The proposed variance is not expected to have a negative impact on
the character of the neighborhood.
Criteria 4: The proposed variance is the minimum necessary to accommodate a
restaurant that is already reducing seating.
Criteria 5: The proposed reduction does not conflict with the purpose and/or
intent of the Comprehensive Plan or the Ordinance.
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T14E WENDY'S COMPANY
SENT VIA E-MAIL ONLY
January 14, 2015
City of Richfield
Attn: Melissa Poehlman (mpoehiman(c7cityofrichfield.org)
6700 Portland Avenue
Richfield, MN 55423
RE: Preliminary Approval of Site Plan for Richfield Wendy's
Location: 6500 Lyndale Avenue, Richfield, MN
Wendy's Site Number: 1568
Dear Melissa:
This letter serves as preliminary approval by The Wendy's Company ("Wendy's") of the
attached Site Plan prepared by franchisee FourCrown, Inc. for the remodel of the above
referenced site. The City has requested Wendy's to specifically approve the number of
parking spaces at this site. By way of background, one of the ways that Wendy's measures
the number of parking spaces required for a site is by comparing the number of seats to
each parking space at a restaurant site. The existing site has 90 seats for 34 parking
spaces resulting in a ratio of 2.65 seats per parking space_ The proposed Site Plan has 74
seats for 33 spaces resulting in a ratio of 2.24 seats per parking space, which is a
significant reduction of this ratio. Another way to look at this is that we are reducing our
seating by 16 seats and only reducing parking stalls by one stall. These ratios are within
acceptable tolerances.
In addition to Wendy's general approval of the Site Plan, Wendy's approves the seat to
parking space ratio for the proposed Richfield Wendy's remodel depicted in the Site Plan.
Wendy's approval of the Site Plan is preliminary, and it will become final once the City of
Richfield approves the Site Plan.
The Wendy's Company/P.0 Box 17695,Holladay,UT 84117/russ.smith @wendys.com
If you have any questions or concerns, please contact me.
Sincerely,
Russell A. Smith
Real Estate Director
The Wendy's Company
Email: russ.smith wend s.com
Mobile: 801-205-2728
Cc: Jerad Ducklow (eradd(a)-wendysfourcrown.com)
John Saunders 'saunders wend sfoorcrown.com)
Vincent Beckwith (Vincent.Beckwith(@wendys.com)
The Wendy's Company/RO Box 17695,Holladay,UT84117/russ.smith@wendys.com
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AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 2
REPORT# 2
CASE#
J PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: JANUARY 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Continue a public hearing to consider amendments to the City's Zoning Ordinance related to
taller accessory garages and accessory dwelling units to February 23, 2015.
I.RECOMMENDED ACTION:
Continue the public hearing to consider amendment to the City's Zoning
Ordinance related to taller accessory garages and accessory dwelling units
to February 23, 2015.
II. BACKGROUND
Due to an error in the legal posting related to this item, consideration of these ordinances
should be postponed until the February 23rd Planning Commission meeting. The legal notice
indicated that proposed changes would be to the R (Single-Family) and MR-1 (Two-Family)
Residential Districts, when in fact the proposed changes would affect the R (Single-Family)
and R-1 (Low-Density Single-Family) Residential Districts. A revised notice of the public
hearing will be published on February
12th in the Sun Current.
III. BASIS OF RECOMMENDATION
A. POLICY
B. CRITICAL ISSUES
C. FINANCIAL
D. LEGAL
IV. ALTERNATIVE RECOMMENDATION(S)
V. ATTACHMENTS
Ordinance
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
N/A
BILL NO.
AMENDMENT TO RICHFIELD CITY CODE RELATED TO ZONING
AMENDING SUBSECTIONS 509.09, SUBD. 5; 514.05, SUBD. 3 AND 7; 514.13,
SUBD. 2-4; 518.05, SUBD. 3 AND 7; AND 518.13, SUBD. 2-4; AND ADDING NEW
SUBSECTION 507.07, SUBD. 43; SUBSECTION 514.05, SUBD. 8; SUBSECTION
514.15, SUBD. 7; SUBSECTION 518.05, SUBD. 8; AND SUBSECTION 518.13,
SUBD. 7 TO ALLOW TALLER ACCESSORY GARAGES AND ACCESSORY
DWELLING UNITS IN SINGLE-FAMILY RESIDENTIAL DISTRICTS.
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 A new Subsection 507.07, Subdivision 43 of the Richfield City Code to
read as follows is added, and by now renumbering all following
subdivisions accordingly:
Subd. 43. "Dwelling unit, accessory." A dwelling unit that is located on
the same lot as a principal residential structure to which it is accessory,
and that is subordinate in area to the principal dwelling.
Section 2 Subsection 509.09, Subdivision 5 of the Richfield City Code is amended
to read as follows:
Subd. 5. Lot coverage and height. No accessory building shall be
greater in lot coverage or gross floor area than the principal building, or
greater in height than the principal building.
Section 3 Subsection 514.05, Subdivision 3 of the Richfield Code is amended to
read as follows:
Subd. 3. Private garages (includes attached and detached) or carports:
a) tThat do not exceed 1,000 square feet in gross floor area;. In
detached garages, this shall include any space devoted to non-garage
uses such as an accessory dwelling unit, office, or similar habitable
space. This shall not include crawl spaces or attic storage;
That do not exceed an aggregate of 1,200 square feet (or 13% of lot
area in the case of lots of 15,000 square feet or more) in gross floor
area when combined with all other accessory buildings and attached
garages on the lotdl
c) That are constructed in accordance with Subdivision 2 of this
subsection.-Land
In no event shall the height of a garage door opening, measured from
the floor to the trim covering the door header, exceed nine (9) feet.
Section 4 Subsection 514.05, Subdivision 7 of the Richfield Code to read as follows:
Subd. 7. The accommodation of one (1) roomer in addition to the family,
provided that:
a) The roomer plus the family shall not exceed a total of five (5) persons
see definition of family); and
b) SUGh rzcrrangernerRt d °ves nOt "enstita°cc an acGessnrey apartment; and
cb) Adequate off-street parking is available.
Section 5 A new Subsection 514.05, Subdivision 8 of the Richfield City Code to read
as follows is added, and by now renumbering all following subdivisions
accordingly:
Subd. 8. Internal, attached, and detached accessory dwelling units shall
be allowed, provided that:
The principal residential structure is a permitted or conditional single-
family dwelling;
b) No more than one accessory dwelling unit shall be allowed on a lot;
c) The lot must meet current minimum width and depth requirements;
The creation of an accessory dwelling unit shall not create a separate
tax parcel;
e) An owner of the property must occupy at least one dwelling unit on the
lot as their primary place of residence. Proof of homesteading shall be
required and variances from this provision shall not be considered;
f) A rental license for the non-owner-occupied unit shall be required in
accordance with Section 407 of the City Code;
g Accessory dwelling units must have a minimum area of 300 square
feet and cannot exceed 800 square feet or the gross floor area of the
principal dwelling, whichever is less;
h) Principal dwelling units must continue to meet minimum floor area
requirements or not increase the degree of nonconformity in this
matter;
The primary exterior materials of an attached accessory dwelling unit
must match those of the principal structure. Exterior materials for new
construction related to any type of accessory dwelling unit must match
the structure to which it is attached;
1 The creation of an attached or internal accessory dwelling unit shall not
result in the creation of additional entrances facing the public street on
the primary structure;
k) Exterior stairways leading to an upper story accessory dwelling unit
shall be allowed so long as the staircase and railing are not
constructed with raw or unfinished lumber;
Conversion of garage space to an accessory dwelling unit is prohibited
unless the garage space is replaced. Space within a garage that
exceeds what is necessary for two vehicles may be converted without
replacement; and
m) A minimum of three off-street parking spaces is required in order to
add an accessory dwelling unit of any kind.
Section 6 Subsection 514.13, Subdivisions 2-4 of the Richfield Code are amended
to read as follows:
Subd. 2. Building setback and maximum height (measurements in feet).
Use Front Rear Interior Street/Corner Maximum Height(as
Side Side defined in 507.07,
Subd. 53)
Single-family building 30 25 5 12 25
but see Subd. 3 and 5)
Two-family building 30 25 10 12 25
but see Subd. 3 and 5)
Cluster home 10 25 5 12 25
development in R-SFH but see Subd. 8)
guided area
but see Subd. 3 and 5)1
Cluster home 30 25 5 12 25
development in non-R- but see Subd. 8)
SFH guided area
but see Subd. 3 and 5)1
Accessory-garage 30 3 5 12 14'
but see Subd. 3-6) 5 if utility easement but see Subd. 7)
or greater than 14
ft. tall)
Accessory- nongarage 30 3 5 12
123
but see Subd. 4 and 5) 5 if utility
easement)
Nonresidential building 40 30 30 30 42
but see Subd. 5 and 7)
Accessory building to 40 10 10 30 15
nonresidential use
but see Subd. 5)
Setbacks for cluster home developments shall apply to the perimeter of the development.
Setbacks between attached and detached units within a cluster home development must
comply with applicable building and fire codes. (Added, Bill No. 1996-22)
2 For garages, height is measured on the side of the building with the vehicle door. The
sterage height abeve the parking area On a detaGhed garage Gannet exGeed sox (6)fe
height.
3 For nongarage accessory structures, height is measured from the ground level to the
highest point of the roof.
Subd. 3. Setback reductions for principal buildings. The following
setback reductions apply in the R District:
a) On a corner lot, the street side setback requirement shall be the
lesser of 12 feet or the established street side setback of the existing
principal building on the same lot for single-family, two-family and cluster
home development structures. In any case the provisions of paragraphs d)
and e) of this subdivision shall be applicable; (Amended, Bill No. 1996-22)
b) The front setback requirement for a new single-family dwelling, two-
family dwelling or cluster home development on a lot may be reduced to
not less than the average existing front setback of the dwelling(s) which
front on the same street and abut such lot, to a minimum setback of 20
feet; (Amended, Bill No. 1996-22)
c) With respect to single-family homes existing on or before June 1,
1995, the interior side setback requirement may be reduced to not less
than three (3) feet for the purpose of constructing an attached garage or a
two-car garage to replace a single-car garage, provided the following
conditions are met:
i) A letter of consent signed by the owner of the property that
abuts the interior lot line shall be submitted to the city;
ii) The garage shall be located a distance of not less than eight
8) feet from any building on an abutting lot;
iii) The width of the garage shall not exceed 20 feet, and the
length shall not exceed 26 feet;
iv) Accessory garages built under this provision are limited to 14
feet in height;
v) The garage wall most parallel and adjacent to the interior lot
line shall have no more than a one-foot roof overhang (eave
projection); and
lei) The garage wall melt parallel and adjacent to the interior letraTrn9ccrrvr-rvc
1ORe-`. hhlull-be-cErnr.`rti YGtea with wRV-vp arndRd TmT'°
ri I
T'rc
nreyide a ene ( I) hei it fire ratiRg; and
vi) A drainage plan shall be approved by the Engineering
Department prior to issuance of building permits.
d) Windows or window units may project a maximum of 24 inches into
a required front yard, street side yard, or rear yard of a dwelling, provided
that the floor area is not increased by more than ten (10) square feet,
however, in no case shall they be closer than six (6) feet from any lot line;
e) Those items classified as "not encroachments" in Section 509.11
f)The setback requirements for cluster home developments may be
reduced to 25 feet in the front and 12 feet in the rear if the following
criteria are met:
i) The project can demonstrate that a superior design is
achieved through the reduced setback. Evidence of a superior
design may include but is not limited to the preservation of a natural
feature, creation of an amenity, creation of public open space, or
incorporation of special features to meet the needs of the target
population;
ii) The reduced setback does not adversely affect the
overcrowding, or other similar impacts; and
iii) The impact of the reduced setback is minimized through the
presence of features such as landscaping or other means of
buffering, a limited number of building openings in the portion of the
structure that infringes upon the setback, building orientation,
minimized garage door dominance, or other similar features.
Added, Bill No. 1996-22)
g) In required front yards, covered porches attached to the principal
building that extend no more than ten (10) feet, provided that the porch is
no closer than 20 feet from the front lot line and that the design of the
porch is approved by the Community Development Director. The
Community Development Director must make the following findings to
approve a porch encroachment up to ten (10) feet:
i) The exterior materials of the proposed porch are consistent
or complementary in color, texture and quality with those visible at
the front of the dwelling;
ii) The roof of the proposed porch is properly proportioned to
and integrated with the roof of the dwelling and has no less than a
3:12 slope;
iii) The base of the porch is not open and its appearance is
consistent with the base of the dwelling;
iv) At least 65 percent of the exposed porch facade is open or
occupied by windows, screens, and/or doors of transparent
material; the facade constitutes the area from the floor level of the
porch to the porch ceiling; and
v) Plans are prepared by a registered architect or reviewed by
the a design advisor selected by the Community Development
Department;
The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings; and
h) In required residential street/corner side yards, covered porches
attached to the front of a principal building that extend no more than ten
10) feet, provided that the porch is no closer than 20 feet from the street
side lot line and that the design of the porch is approved by the
Community Development Director. The Director must make the findings
required by Section 514.13, Subd. 3(g). The Director may attach
conditions to the approval of the porch encroachment as needed to make
the required findings. (Added Bill No. 1998-12)
Subd. 4. Setback reductions for residential accessory buildings. The
following setback reductions apply in the R District:
a) The interior side setback requirement for single-story accessory
buildings located entirely five (5) or more feet beyond the rear building line
of the principal building may be reduced to three (3) feet (Figure 10); and
b) On lots which provide alley access to the rear and there is no utility
easement, a detached garage may be located no less than two (2) feet
from the rear lot line, provided that the setback requirement of Section
514.13, Subd. 6 of this code and all building codes are met.
Section 7 A new Subsection 514.15, Subdivision 7 of the Richfield City Code to read
as follows is added, and by now renumbering all following subdivisions
accordingly:
Subd. 7. Additional height for accessory garages. The maximum height
of an accessory garage may be increased when the following conditions
are met:
a) For lots that are less than 75 feet in width, a detached accessory
garage may not exceed the height of the principal residential structure,
1 — '/z stories or 18 feet, whichever is less. In no case shall the highest
point of the roof of the detached accessory garage exceed the highest
point of the roof of the principal residential structure.
b) For lots that are 75 feet or greater in width, a detached accessory
garage may not exceed the height of the principal structure. In no
case shall the highest point of the roof of the detached accessory
garage exceed the highest point of the roof of the principal residential
structure.
c) Primary exterior materials of the accessory garage/structure must
match the primary exterior materials of the principal building and the
roof pitch must be substantially similar to the primary roof pitch of the
principal building;
d) Windows, false windows, doors or similar openings are required on all
second story walls;
Section 8 Subsection 518.05, Subdivision 3 of the Richfield Code is amended to
read as follows:
Subd. 3. Private garages (includes attached and detached) or carports:
a) tThat do not exceed 1,000 square feet in gross floor area;. In
detached garages, this shall include any space devoted to non-_garage
uses such as an accessory dwelling unit, office, or similar habitable
space. This shall not include crawl spaces or attic storage;
b) That do not exceed an aggregate of 1,300 square feet (or 13% of lot
area in the case of lots of 15,000 square feet or more) in gross floor
area when combined with all other accessory buildings and attached
garages on the lot-,and.
c) That are constructed in accordance with Subdivision 2 of this
subsection.-Land
In no event shall the height of a garage door opening, measured from
the floor to the trim covering the door header, exceed nine (9) feet.
Section 9 Subsection 518.05, Subdivision 7 of the Richfield City Code is amended to
read as follows:
Subd. 7. The accommodation of one (1) roomer in addition to the family,
provided that:
a) The roomer plus the family shall not exceed a total of five (5) persons
see definition of family); and
b) Such arrangement does not constitute an
accessory
TrF
ment dvcTrrQrcvrr.Jrrconstitute
Adequate off-street parking is available.
Section 10 A new Subsection 518.05, Subdivision 8 of the Richfield City Code to read
as follows is added, and by now renumbering all following subdivisions
accordingly:
Subd. 8. Internal, attached, and detached accessory dwelling units shall
be allowed, provided that:
The principal residential structure is a permitted or conditional single-
family dwelling;
b) No more than one accessory dwelling unit shall be allowed on a lot;
c) The lot must meet current minimum width and depth requirements;
d) The creation of an accessory dwelling unit shall not create a separate
tax parcel;
e) An owner of the property must occupy at least one dwelling unit on the
lot as their primary place of residence. Proof of homesteading shall be
required and variances from this provision shall not be considered;
f) A rental license for the non-owner-occupied unit shall be required in
accordance with Section 407 of the City Code;
gj Accessory dwelling units must have a minimum area of 300 square
feet and cannot exceed 800 square feet or the gross floor area of the
principal dwelling, whichever is less;
Principal dwelling units must continue to meet minimum floor area
requirements or not increase the degree of nonconformity in this
matter;
The primary exterior materials of an attached accessory dwelling unit
must match those of the principal structure. Exterior materials for new
construction related to any type of accessory dwelling unit must match
the structure to which it is attached;
1 The creation of an attached or internal accessory dwelling unit shall not
result in the creation of additional entrances facing the public street on
the primary structure;
k) Exterior stairways leading to an upper story accessory dwelling unit
shall be allowed so long as the staircase and railing are not
constructed with raw or unfinished lumber;
Conversion of garage space to an accessory dwelling unit is prohibited
unless the garage space is replaced. Space within a garage that
exceeds what is necessary for two vehicles may be converted without
replacement; and
M) A minimum of three off-street parking spaces is required in order to
add an accessory dwelling unit of any kind.
Section 11 Subsection 518.13, Subdivisions 2-4 of the Richfield City Code are
amended to read as follows:
Subd. 2. Building setback and maximum height (measurements in feet).
Use Front Rear Interior Street/Corner Maximum Height
Side Side as defined in
507.07, Subd. 53)
Single-family 30 25 10 15 35
building
but see
Subd. 3 and
5)
Accessory; 30 3 10 12 141
garage 5 if utility but see Subd. 7)
but see easement or
Subd. 3-6) greater than 14 ft.
tall)
Accessory; 30 3 5 12 122
nongarage 5 if utility
but see easement)
Subd. 4 and
5)
1 For garages, height is measured on the side of the building with the vehicle door. T4ke
storage height above the parkiRg area iR a detaE;hed garage E;aRRet exGeed sox (6) feet
in height.
2
For nongarage accessory structures, height is measured from the ground level to the
highest point of the roof.
Subd. 3. Setback reductions for principal buildings. The following setback
reductions apply in the R-1 District:
a) On a corner lot, the street/corner side setback requirement shall be the
lesser of 15 feet or the established street side setback of the existing principal
building on the same lot. In any case the provisions of paragraphs c) and d) of
this subdivision shall be applicable;
b) With respect to dwellings existing on or before June 1, 1995, the interior
side setback requirement may be reduced to not less than five (5) feet for the
purpose of constructing an attached garage or a two-car garage to replace a
single-car garage, provided the following conditions are met:
i) A letter of consent signed by the owner of the property that abuts
the interior lot line shall be submitted to the city;
ii)The garage shall be located a distance of not less than 15 feet from
any building on an abutting lot;
iii)The width of the garage shall not exceed 22 feet, and the length
shall not exceed 26 feet;
iv) A drainage plan shall be approved by the Engineering Department
prior to issuance of building permits.
v) Accessory garages built under this provision are limited to 14 feet in
height.
c) Windows or window units may project a maximum of 24 inches into a
required front yard, street side yard, or rear yard of a dwelling, provided that the
floor area is not increased by more than ten (10) square feet, however, in no
case shall they be closer than eight (8) feet from any lot line;
d) Those items classified as "not encroachments" in Section 509.09
e) In required front yards, covered porches attached to the principal building
that extend no more than ten (10) feet, provided that the porch is no closer than
20 feet from the front lot line and that the design of the porch is approved by the
Community Development Director. The Community Development Director must
make the following findings to approve a porch encroachment up to ten (10)
feet:
i) The exterior materials of the proposed porch are consistent or
complementary in color, texture and quality with those visible at the front of
the dwelling;
ii)The roof of the proposed porch is properly proportioned to and
integrated with the roof of the dwelling and has no less than a 3:12 slope;
iii)The base of the porch is not open and its appearance is consistent
with the base of the dwelling;
iv) At least 65 percent of the exposed porch facade is open or
occupied by windows, screens, and/or doors of transparent material; the
facade constitutes the area from the floor level of the porch to the porch
ceiling; and
v)Plans are prepared by a registered architect or reviewed by the a
design advisor selected by the Community Development Department;
The Director may attach conditions to the approval of the porch encroachment as
needed to make the required findings; and
f)In required residential street/corner side yards, covered porches attached
to the front of a principal building that extend no more than ten (10) feet,
provided that the porch is no closer than 20 feet from the street side lot line and
that the design of the porch is approved by the Community Development
Director. The Director must make the findings required by Section 518.13,
Subd. 3(e). The Director may attach conditions to the approval of the porch
encroachment as needed to make the required findings. (Added Bill No. 1998-
12)
Subd. 4. Setback reductions for residential accessory buildings. The following
setback reductions apply in the R-1 District:
a) The interior side setback requirement for single-story accessory
buildings located entirely five (5) or more feet beyond the rear building line
of the principal building may be reduced to three (3) feet (Figure 12); and
b) On lots which provide alley access to the rear and there is no utility
easement, a detached garage may be located no less than two (2) feet
from the rear lot line, provided that the setback requirement of Section
518.13, Subd. 6 of this code and all building codes are met.
Section 11 A new Subsection 518.13, Subdivision 7 of the Richfield City Code is
added to read as follows:
Subd. 7. Additional height for accessory garages. The maximum height
of an accessory garage may be increased when the following conditions
are met:
e) For lots that are less than 75 feet in width, a detached accessory
garage may not exceed the height of the principal residential structure,
1 — '/z stories or 18 feet, whichever is less. In no case shall the highest
point of the roof of the detached accessory garage exceed the highest
point of the roof of the principal residential structure.
f) For lots that are 75 feet or greater in width, a detached accessory
garage may not exceed the height of the principal structure. In no
case shall the highest point of the roof of the detached accessory
garage exceed the highest point of the roof of the principal residential
structure.
g) Primary exterior materials of the accessory garage/structure must
match the primary exterior materials of the principal building and the
roof pitch must be substantially similar to the primary roof pitch of the
principal building;
h) Windows, false windows, doors or similar openings are required on all
second story walls;
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
2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: New Business
AGENDA ITEM # 3
PC LETTER# 3
CASE#
PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: JANUARY 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Consideration of a motion to recommend approval of intersection designs for 66th Street at INicolletAvenue, Lyndale Avenue and 35W.
I.RECOMMENDED ACTION:
By Motion: Recommend approval of roundabouts with pedestrian
activated warning devises at crosswalks for the following
intersections:
66th Street and 1-35W Interchange Ramps
66th Street and Lyndale Avenue
66th Street and Nicollet Avenue.
II. BACKGROUND
At the December 3, 2014 meeting, the Transportation Commission recommended the use of
roundabouts as the preferred design alternative for the following locations as part of the 66th
Street reconstruction project:
66th Street & 1-35W Interchange Ramps
66th Street & Lyndale Avenue Intersection
66th Street & Nicollet Avenue Intersection
In addition, the Commission recommended the use of pedestrian activated warning devices,
such as rectangular rapid flashing beacons (RRFBs), at the crosswalks of the roundabout to
increase the yielding rate of vehicles and further improve the safety for pedestrians and
bicyclists at the intersection.
Staff is also supportive of the design of roundabouts at these major intersections.
III. BASIS OF RECOMMENDATION
Advantages
A roundabout design holds several advantages over a traditional signalized intersection at the
three proposed locations:
Improved overall safety - Roundabouts have been proven to decrease the speeds of
vehicles within the intersection. This results in improved reaction times and reduced
severity of any crashes that occur.
Reduced layout impact along the corridor - Without the need for additional turn-lanes,
the design of a roundabout allows for alternative use of the public right-of-way for other
transportation elements, landscaping, community amenities, or general open space.
Reduced travel time - Decreased intersection delay as well as the ability to use the
roundabouts to alter travel patterns can lead to significant travel time reduction over a
long period of time. Additionally, pedestrian travel times are reduced by eliminating a
signal and gaining right-of-way.
Reduced crossing distances - Through the use of a refuge island and elimination of
turn-lanes, pedestrian crossings at roundabouts are considerably shorter than at
equivalent signalized intersections.
Addressing Concerns
Through study and public feedback, several potential concerns have been noted to address in
design:
A roundabout can be unsettling to a pedestrian, depending on age, mobility, visual
impairment, or ability to judge gaps in traffic.
A roundabout may have greater property impacts immediately adjacent to the
intersection.
A roundabout may restrict certain vehicle movements at driveways and roadways close
to the intersection.
During peak travel times, a roundabout may create fewer "gaps" than a signal,
potentially increasing delay from driveways and side streets onto the mainline.
The preliminary design of the roundabouts under consideration includes elements to address
the concerns listed above, specifically:
Crosswalks are designed further from the circulating traffic in order to allow for
additional reaction time from exiting vehicles.
The use of pedestrian activated warning devices was recommended for crosswalks.
The geometrics of each roundabout were customized for their respective location to
minimize the impacts to adjacent properties.
Having multiple roundabouts in a corridor allows for expanded flexibility in travel
patterns and makes right-in/right-out situations more accessible. This has also been
shown to reduce speeds as drivers are used to a consistent traffic flow and not trying to
beat the light" and make the next green signal.
IV. ATTACHMENTS
None
AGENDA SECTION: New Business
AGENDA ITEM # 4
PC LETTER# 4
CASE#
J PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: JANUARY 26, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Consideration of amendment to Planning Commission Bylaws to reduce the number of Imembersnecessaryforaquorum.
I.RECOMMENDED ACTION:
Direct staff to prepare an amendment to the Planning Commission
Bylaws for consideration at the February 23, 2015 meeting.
II. BACKGROUND
In 2011, the City Council voted to reduce the Planning Commission from nine to seven
members. This was to be achieved gradually as Commission appointments expired.
Because of this gradual reduction process, the number of members necessary for a
quorum of the membership was not reduced immediately and remains at five members.
Now that the total number of Commissioners has been successfully reduced to seven,
staff recommends a change to the Bylaws that will reduce the number necessary for a
quorum to four members.
If the Commission agrees to consider the proposed amendment, it will be presented for
formal action at the next regular meeting in accordance with Section 2 of Part III.
III. BASIS OF RECOMMENDATION
Amendments are covered by Section 2 of Part III of the Bylaws requiring
presentation at one meeting and 2/3 vote at the following meeting.
The Commission is required to review the Bylaws in their entirety at the
organizational meeting in February.
IV. ATTACHMENTS
a Current Planning Commissions Bylaws.
BYLAWS AND RULES OF PROCEDURE
OF THE CITY PLANNING COMMISSION
RICHFIELD, MINNESOTA
The following Bylaws and Rules of procedure are adopted by the City's Planning
Commission to facilitate the performance of its duties and functions as empowered
under Chapter 111, Section 305.65, Subdivision 1-8 of the City Ordinance Code.
PART I. MEETINGS
Section 1. Regular Meetings
Regular meetings of the Planning Commission shall be on the fourth
Monday of each month commencing at 7:00 P.M. in the Council
Chambers of the City Hall.
Section 2. General Planning Meetings
Approximately six times per year, the Commission will meet to discuss
and deliberate on general planning matters related to property
development and future well being of the Community. These meetings
shall be held on the fourth Monday of the month commencing at 6:00 P.M.
whenever possible. In the event of a conflict or need for additional
discussion time, meetings shall be held on the second Monday of the
month commencing at 7:00 P.M.
Section 3. Special Meetings
Special meetings of the Planning Commission can be called by the
Chairperson and one member or by three members of the Commission or
at the request of the City Council. Notice, designating the time and place
of the meetings, shall be given to all members in accordance with the
open meeting law.
Section 4. Deadline for Hearing Items
The Planning Commission will accept all applications to be heard before it,
no later than 28 days preceding the regular Planning Commission meeting
in accordance with the regulations of the Richfield Zoning Code. Upon
written notice to the Community Development Director prior to the
Planning Commission meeting, an application may be withdrawn. Once
an application is withdrawn, it must be re-filed with the Community
Development Department, City of Richfield, before any Planning
Commission hearing is held.
Section 5. Quorum
Five members of the Planning Commission shall constitute a quorum for
the transaction of business. No action shall be taken in the absence of a
quorum with the exception that the Planning Commission members
present may take testimony for use at a later meeting at which a quorum
is present, and may adjourn a meeting to a later time without further
notice.
Section 6. Voting
At all meetings of the Planning Commission, each member attending shall
be entitled to cast one vote. Voting shall be by voice. An affirmative vote
of a majority of members present shall be necessary for the passage of
any matter before the Planning Commission, except as otherwise provided
in these Bylaws.
Section 7. Proceedings
a) Format of Meeting
At a regular meeting of the Planning Commission, the following
format shall be followed in conducting the business of the meeting.
1) Recording secretary will note the attendance
2) Approval of Minutes
3) Regular Business and Public Hearing Items
4) New Business
5) Old Business
6) Liaison Reports
7) Adjournment
b) Public Hearing
The purpose of a hearing is to collect information and facts in order
for the Commission to develop a planning recommendation for the
City Council. At a public hearing the following procedure shall be
followed for each case for which a public hearing is held:
1) Chair shall state the case to be heard.
2) Chair shall call upon the Community Development
Director or designee to present the staff report.
3) Chair shall ask the applicant to present his/her case.
4) Members of the Planning Commission shall be
allowed to question the applicant about his/her proposal.
5) The Chair shall open the public hearing and all interested
persons may address the Commission, giving relevant
information regarding the proposal before the Commission.
a) All questions or statements by Richfield staff
personnel, planning commissioners, applicants or
interested citizens will be directed through the Chair.
b) All who wish to speak will be heard, but only in
accordance with the above procedure and after
recognition by the Chair.
C) No individual may speak longer than five (5) minutes,
except through previous arrangement with the Chair,
or by vote of the Commission.
d) The spokesperson for a group will be allowed ten (10)
minutes.
e) In addition to the statements by individual or groups,
there will be a period, not to exceed thirty (30)
minutes, during which the public may question the
City's staff members present, the applicant or their
representatives or any member of the Planning
Commission. Questions must be directed through the
Chair.
6) The hearing shall be closed. Interested persons shall not be
heard again unless the hearing is reopened by a majority
vote of the Commission.
7) The Commission shall discuss and clarify the item before it,
and take action on it.
8) Any decision of the Commission on the merits of any
planning question before it shall be embodied in the form of
a motion, resolution, or report, and referred to the City
Council for action.
C) Rules of Procedure
At all regular meetings of the Planning Commission where formal
action is required on a matter before the Commission, the meetings
shall be governed by Sturgis' Standard Code of Parliamentary
Procedure. At general meetings of the Planning Commission no
formal parliamentary procedure shall govern the conduct of the
proceedings unless found to be necessary such as when a formal
motion is before the Commission. Every motion to be voted upon
shall be read prior to voting so that all members clearly understand
the motion or amendment.
PART Il.ORGANIZATION
Section 1. Election of Officers
At the first regular meeting in February of each year, the Commission shall
hold an organizational meeting and elect from its membership a
Chairperson, Vice-chairperson, and Secretary. Each member shall cast a
ballot for the member he/she wishes to be elected Chairperson. If no one
receives a majority of all the members of the Commission, balloting shall
continue until one member receives majority support. Vice-chairperson
and Secretary shall be elected from the remaining members by the same
procedure.
If the Chairperson resigns from office before the next regular organization
meeting, the Vice-chairperson shall automatically become acting
Chairperson. If both Chairperson and Vice-chairperson resign, the
Secretary shall become acting Chairperson. In any instance, where an
officer of the Commission resigns or retires from office a new officer shall
be elected to the vacated position at the next regular meeting of the
Commission.
If the Chairperson, Vice-chairperson, and Secretary are absent from a
meeting, the Commission shall elect a temporary Chairperson by voice
vote.
In the event that the Secretary is absent from a meeting, the Chairperson
shall appoint a member of the Commission to approve the minutes of that
meeting.
Section 2. Tenure
The Chairperson, Vice-chairperson, and Secretary shall take office
immediately following their election and hold office until their successors
are elected and assume office.
Section 3. Duties of Officers
The duties and powers of the officers of the Planning Commission shall be
as follows:
a} Chairperson
1} Presides over all meetings of the Commission.
2} Appoints committees and performs such other duties as may
be ordered by the Commission.
3} Signs documents of the Commission.
4} Sees that all actions of the Commission are properly taken.
5} Calls special meetings of the Commission in accordance
with these Bylaws.
6} Works with appropriate city staff in organizing agendas of all
general Planning Commission meetings.
b} Vice-chairperson
Performs all of the duties and responsibilities of the Chairperson in
his/her absence.
C) Secretary
1} Assumes duties and responsibilities of the Chairperson
when both Chairperson and Vice-chairperson are absent.
2} Signs all minutes of the Commission as well as other official
documents of the Commission.
PART III. MISCELLANEOUS
Section 1. Suspension of Rules
The Commission may suspend any of these Rules by a 213 vote of those
members present.
Section 2. Amendments
These Rules may be amended at any regular meeting by a 213
majority of the members of the Commission, provided that the
amendment was presented and written into the minutes of a
previous meeting.
Section 3. Review
The contents of these Bylaws and Rules of procedure should be
comprehensively reviewed, evaluated, and modified where necessary, at
the organizational meeting held in February of each year.
Adopted this 25th day of February, 2013
person, R&chfield canning Commission
Secretary, Richfield Planning Commission