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022315 PacketPLANNING COMMISSION AGENDA February 23, 2015 7:00 p.m. Introductory Proceedings Roll Call Approval of Minutes: Regular Planning Commission meeting of January 26, 2015. Opportunity for Citizens to Address the Commission on items not on the Agenda Public Hearing ITEM #1 PC Letter#5 Ordinance amendments to the City's Zoning Ordinance. The proposed ordinance would allow the following in the Single- Family Residential Districts; 1)construction of up to two-story accessory garages (with conditions), and 2) construction of accessory dwelling units. ITEM #2 PC Letter#6 Ordinance amendments to the City's Zoning Ordinance. The proposed ordinance would prohibit recreational marijuana sales outlets and marijuana production, and establish conditions related to the location and operation of medical marijuana dispensaries. New Business ITEM #3 PC Letter#7 Election of Planning Commission Chairperson, Vice- Chairperson and Secretary ITEM #4 PC Letter#8 Appointment of liaisons to the Community Services Advisory Commission, City Council, Housing and Redevelopment Authority, School Board and Transportation Committee ITEM #5 PC Letter#9 Review and Approve Amendment to the Planning Commission Bylaws ITEM #6 PC Letter#10 Discuss dates and topics for the 2015 Planning Commission Study Session 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: March 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 Minutes January 26, 2015 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Dan Kitzberger, Gordon Vizecky, Alison Groebner, Charles Standfuss, Tom Rublein and Susan Rosenberg MEMBERS ABSENT:None STAFF PRESENT: Melissa Poehlman, City Planner Matt Brillhart, Planning Technician Mike Eastling, Public Works Director OTHERS PRESENT: Jerad Ducklow, Michael Holdings (Wendy's) Erin Murray, Architectural Design Group (Wendy's) Chairperson Jabs called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Chairperson Jabs noted an error in the November 24, 2014 minutes. M/Vizecky, S/Rosenberg to approve the minutes of the November 24, 2014 regular meeting as amended, of the December 8, 2014 study session, and of the January 12, 2015 study session. Motion carried: 5-0 OPEN FORUM No members of the public spoke. Commissioners Standfuss and Groebner arrived. PUBLIC HEARING(S) ITEM #1 14-CUP-04, 14-VAR-06 — Consideration of a request for a Conditional Use Permit and Variances related to the construction of a new (replacement) Wendy's restaurant at 6500 Lyndale Avenue January 26, 2015 City Planner Melissa Poehlman presented the staff report. In response to a question from Commissioner Standfuss, Poehlman stated that staff had received no complaints regarding parking at the existing Wendy's. In response to questions from Commissioner Rublein, Wendy's representative Jerad Ducklow stated that they were not proposing to change the hours of operation at this time. Regarding parking, Ducklow stated that they are reducing seating capacity by 15, and reducing parking by one stall. In response to a question from Commissioner Vizecky, Ducklow stated that they hoped to get construction underway immediately and anticipated completion in mid-May 2015. M/Rublein, S/Rosenberg to close the public hearing. Motion carried: 7-0 M/Rublein, S/Vizecky to recommend approval of the Conditional Use Permit and Variances. Motion carried: 7-0 ITEM #2 PC Letter No. 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. Poehlman presented the staff report. Commissioner Vizecky expressed concerns with the definition of Gross Floor Area. M/Standfuss, S/Vizecky to continue the public hearing to February 23, 2015. Motion carried: 7-0 NEW BUSINESS ITEM #3 PC Letter No. 3 — Consideration of a motion to recommend approval of intersection designs for 66th Street at Nicollet Ave, Lyndale Ave, and 35W. Public Works Director Mike Eastling presented the staff report. Commissioner Rublein inquired about sightlines with the proposed roundabout at 35W. Commissioner Kitzberger inquired about traffic heading to northbound 35W backing up onto 66th Street. 2 January 26, 2015 M/Rublein, S/Standfuss to recommend approval of the proposed intersection designs. Motion carried: 7-0 ITEM #4 PC Letter No. 4 — Consideration of an amendment to the Planning Commission Bylaws to reduce the number of members necessary for a quorum. Poehlman presented the staff report. M/Rublein, S/Standfuss to direct staff to prepare an amendment to the Planning Commission Bylaws for consideration at the February 23, 2015 meeting. Motion carried: 7-0 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: Commissioner Standfuss Chamber of Commerce: Commissioner Vizecky Other: Commissioner Groebner and Commissioner Rublein each noted that this would be their final Planning Commission meeting, as they were not seeking reappointment. CITY PLANNER'S REPORT Poehlman reminded commissioners of the joint work session with the City Council on January 27, 2015, as well as an upcoming study session in February. ADJOURNMENT M/Vizecky, S/ Rublein to adjourn the meeting. Motion carried: 7-0 3 January 26, 2015 The meeting was adjourned by unanimous consent at 8:04 p.m. Tom Rublein Secretary 4 AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 1 REPORT# 5 CASE# J PLANNING COMMISSION STAFF REPORT PC MEETING DATE: FEBRUARY 23, 2015 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider amendments to the City's Zoning Ordinance. The proposed ordinance would allow the following in the Single-Family Residential Districts: 1) construction of up to two-story accessory garages (with conditions), and 2) construction of accessory dwelling units. II.RECOMMENDED ACTION: I Conduct and close a public hearing and by motion: Recommend approval of the attached ordinance amending the Richfield City Code to allow taller accessory garages and accessory dwelling units in Single-Family Residential Districts. II. BACKGROUND For the past couple of years, the Planning Commission has been asking staff to research the idea of taller accessory garage structures. This research predictably led to a discussion of accessory dwelling units, an issue that's recently been discussed in other metro-area cities. Based on feedback received from Richfield's online forum Richfield Connect) and an additional Planning Commission work session held in December, staff has drafted an ordinance that would allow both taller accessory garage structures and accessory dwelling units in the R (Single-Family) and R-1 (Low-Density Single-Family) Residential Districts. Accessory garage changes: Under no circumstances can the height, lot coverage or total floor area of an accessory garage exceed that of the principal residential structure. The floor area of accessory garages is defined to include space devoted to vehicle parking, storage and non-garage uses such as an accessory dwelling unit, office or similar habitable space. Floor area does not include crawl spaces or attic storage. Note - Overall square footage allowances for accessory garage structures have not changed and remain 1,000 square feet. For residential lots that are less than 75 ft. in width, the height of accessory garages may be increased from 14 ft. up to 18 ft. or 1 '/2 stories (whichever is less). For residential lots that are 75 ft. or greater in width, the height of accessory garages may be increased from 14 ft. up to the height of the principal residential structure. Setback reductions are not available for accessory garages that exceed 14 ft. in height. Design standards applicable to taller accessory garages: Primary exterior materials of the accessory garage must match the primary exterior materials of the principal building. Roof pitch must be substantially similar to roof pitch of primary structure. Windows, false windows, doors or similar openings are required on all second story walls. General garage changes (applicable to attached and detached): Garage door height limited to nine feet. Accessory Dwelling Units (ADUs): Units may be internal to primary structure, attached to primary structure or detached (in an accessory garage structure). Exterior materials must match existing structures. No more than one ADU shall be allowed on a lot. ADUs shall be permitted as an accessory to single-family homes only. The ADU shall not create a separate tax parcel. An owner of the property must occupy at least one dwelling unit on the lot as their primary place of residence and homesteading is required. A rental license shall be required in accordance with current City requirements. Minimum area: 300 square feet; Maximum area: 800 square feet or the size of the principal dwelling, whichever is less. Principal dwelling units must continue to meet minimum floor area requirements of the R and R-1 Districts (960 and 1,100 square feet, respectively) or not increase the degree of nonconformity. Creation of an internal or attached ADU shall not result in the creation of additional entrances facing the public street. Conversion of garage space without replacement of the garage space (up to 2 spaces) is not permitted. A minimum of three off-street parking spaces is required in order to add an ADU of any kind. III. BASIS OF RECOMMENDATION A. POLICY Ongoing review and periodic updating of the Code is necessary to ensure that regulations are serving their intended purposes. The Zoning Code is the manner by which the City implements its Comprehensive Plan and other redevelopment/revitalization plans. The Planning Commission has indicated a desire to allow for taller accessory garage structures and accessory dwelling units in certain zoning districts. B. CRITICAL ISSUES None C. FINANCIAL N/A D. LEGAL Notice of this public hearing was published in the Sun Current in accordance with State and Local requirements. Other Actions: Council: The recommendation of the Planning Commission will go to the City Council for two readings. If the City Council adopts the recommended changes, they will take effect the day following publication in the Sun Current newspaper. IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposed ordinance with additional changes. Recommend denial of the proposed ordinance. V. ATTACHMENTS Ordinance Richfield Connect Summary Zoning Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A BILL NO. AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO ALLOW TALLER ACCESSORY GARAGES AND ACCESSORY DWELLING UNITS IN THE 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 related to accessory building regulations is amended to read as follows: Subd. 5. Lot coverage and height. No accessory building shall be greater in lot coverage or 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 relating to allowable accessory uses in the R District 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 gress-floor area;. In the case of detached garages, floor area shall include space devoted to vehicle parking, storage and non-garage uses such as an accessory dwelling unit, office, or similar habitable space. Floor area 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 gress floor area when combined with all other accessory buildings and attached garages on the lot-,and1 c) That are constructed in accordance with Subdivision 2 of this subsection-.Land In no event shall the height of a garage door or carport 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 relating to allowable accessory uses in the R District 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) SUGh arrangement fifes net Ge stitute an aGGesserry apartmnentt; and cb) Adequate off-street parking is available. Section 5 A new Subsection 514.05, Subdivision 8 of the Richfield City Code relating to allowable accessory uses in the R District 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: a) The principal residential structure is a permitted or conditional single- family dwelling; 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; b) 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; l 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; 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 relating to building heights and setbacks in the R District 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 12 125 development in non-R- but see Subd. 8) SFH guided area but see Subd. 3 and 5)1 Accessory-garage 30 3 5 12 142 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 8XGeed 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 Subdivision 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 y) The garage wall most parallel and adjaGent to in+°ri et neshall be s-ct°ed`with ne epeniny", '—arRd with mat- io rrr__h provide a one ( I) hour fore rating; 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. 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. 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 514.13, Subdivision 7 of the Richfield City Code relating to building setbacks and height in the R District 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 — '/2 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 relating to allowable accessory uses in the Low Density Single-Family Residential R-1) District 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 the case of detached garages, floor area shall include space devoted to vehicle parking, storage and non-garage uses such as an accessory dwelling unit, office, or similar habitable space. Floor area shall not include crawl spaces or attic storage; 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 gas floor area when combined with all other accessory buildings and attached garages on the lotandl c) That are constructed in accordance with Subdivision 2 of this subsection.-; and In no event shall the height of a garage door opening or carport, 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 relating to allowable accessory uses in the R-1 District 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) S CGh arrangement does nrot rGensti rtuta an aG Gessmy apartment; and cb) Adequate off-street parking is available. Section 10 A new Subsection 518.05, Subdivision 8 of the Richfield City Code relating to allowable accessory uses in the R-1 District 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: a) The principal residential structure is a permitted or conditional single- family dwelling; 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; 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; 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; 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 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 relating to building height and setbacks in the R-1 District 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 14' 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) For garages, height is measured on the side of the building with the vehicle door. T#e storage height above the parking ama a detached garage cannot exceed 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 Subdivision 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. 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 relating to building height and setbacks in the R-1 District 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 12 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 Richfield Connect Topic Summary OVERVIEW Topic Question: What do you think about the idea of two-story detached garages? Description or Subtitle: City Ordinances currently limit the height of detached garages to 14 feet (one story). There has been interest in increasing this height allowance. What are your thoughts on taller detached garages? Would you be in favor of increased height to allow for storage area above (one and a half stories)? What about two-story garages that would have usable space for a workshop, office or living space on the second floor? Reason or Goal of the Question: To receive feedback from citizens regarding two-story garages DETAILS Date Posted: 6/16/2014 Date Closed: 7/13/2014 Question Type: Idea Submission Number of Ideas: 18 Number of Comments: 17 RESULTS Summary of results: Nearly all comments were supportive of allowing two-story garages, though many expressed concerns about architectural compatibility and visibility from the street. Aside from aesthetic concerns, residents also brought up possible nuisance concerns with businesses operating out of residential neighborhoods, vehicle traffic/noise, etc. There were no comments explicitly opposed to allowing two-story garages. Several participants suggested that adding this flexibility could help current Richfield residents stay in their homes as their families grow/change. Four commenters expressed specific interest in allowing mother-in-law apartments/suites in two-story garages as well. 2/19/2015 Richfield Connect Topic Summary, cont. A few comments expressed surprise that two-story garages were not already permitted. Overall, the concept has strong support from this (limited) audience - as long as there are controls in place to regulate architecture/character, placement/setbacks, and potential impact on neighboring properties. Most Popular Comments: The biggest challenge for GROWING families to stay in Richfield is the house size. If you can add to the garage great--maybe that would keep (increase the probability) a few more families or small businesses that literally start in or work in the garage. Just because it isn't attached, it can't be added onto? At minimum 1 .5 stories should strongly be considered. It will ultimately help keep the community more vibrant, the schools population more stable and money circulating to area businesses." I think this is a very interesting idea. I had to do a Google search to see what a two-story detached garage would look like. Overall, I think it is a cool concept and I wouldn't be object to having them in Richfield. With that being said, I do think the city should take steps to make sure the garage fits into the look and feel of the city. A big pole barn garage would not fit the neighborhood, so as long as the city is considering things like that I think it is a good idea." I think anytime a homeowner wants to add on, enhance or upgrade their home it is a good thing for the neighborhood and community. Some homes are very small in our community and adding on to the garage is a nice option. Edina and areas of Minneapolis now have a moratorium on big expansions- so it's a bonus to Richfield to encourage residents to add additions to their homes/garages." Implications & Next Steps: Planning Commission Study Session - 12/8/14 Planning Commission Public Hearing - 2/23/15 City Council Ordinance Amendment- March 2015 2/19/2015 mindmixer PROJECT REPOM Idea Report 1 rt rt Topic Name: Two-Story Garages Idea Title: Encouraging remodeling is good for the city Idea Detail: I think anytime a homeowner wants to add on, enhance or upgrade their home it is a good thing for the neighborhood and community. Some homes are very small in our community and adding on to the garage is a nice option. Edina and areas of Minneapolis now have a moratorium on big expansions- so it's a bonus to Richfield to encourage residents to add additions to their homes/garages. Idea Author: Sara S Number of Seconds 0 Number of Points 9 Number of Comments 0 Idea Title: I am in favor of changing the ordinance. Idea Detail: I don't think our family would increase our garage height but it'd be cool for people to have the option in Richfield! Idea Author: Michelle V Number of Seconds 0 Number of Points 8 Number of Comments 0 Idea Title: I think it is time for this change. Idea Detail: Current economic conditions require many individuals to become independent contractors. They may need to open offices in a space such as this in order to develop a fledgling business. This is in the best of traditions of American entrepreneurism! Idea Author: Chuck S Number of Seconds 0 www.MlndMIxer.com m I nd 1'17 xer PROJECT REPOM Idea Report 2 rt rt Number of Points 7 Number of Comments 2 Comment 1 : Hi Jenn. The City has strict regulations on the types of businesses that are permitted to be operated from a single-family residence. Those regulations are specifically intended to prohibit business activities that would bother neighbors. If you would like us to check into the operations in your neighborhood, please give us a call at 612-861-9760. 1 By Melissa P Comment 2: I agree - but must say that the full on construction business that's running out of the driveway and garage of a house down the street from me is not favorable. I can't imagine what it will be like when/if they can build a 2 story garage. On the other hand, I think a 2-story garage will be a great option for many homes in Richfield, and will allow home-owners more flexibility in adding space and upgrading their property. I By Jenn D Idea Title: I would be in FAVOR of 2-story or 1.5 story additions. Idea Detail: The biggest challenge for GROWING families to stay in Richfield is the house size. If you can add to the garage great--maybe that would keep (increase the probability) a few more families or small businesses that literally start in or work in the garage. Just because it isn't attached, it can't be added onto? At minimum 1.5 stories should strongly be considered. It will ultimately help keep the community more vibrant, the schools population more stable and money circulating to area businesses. Idea Author: Steve W Number of Seconds 0 Number of Points 6 Number of Comments 0 Idea Title: Why not? Idea Detail: I think this is a very interesting idea. I had to do a google search to see what a two-story detached garage would look like. Overall, I think it is a cool concept and I wouldn't be object to having them in Richfield. With that being said, I do think the city should take steps to make sure the garage fits into the look and feel of the city. A big pole barn garage would not fit the neighborhood, so as long as the city is considering things like that I think it is a good www.MlndMIxer.cem m I nd 1'17 xer PROJECT REPOM Idea Report 3 rt rt idea. Idea Author: Ted W Number of Seconds 0 Number of Points 6 Number of Comments 5 Comment 1 : 1 have a couple examples...they are all a little different too. I have admired all of these structures and feel they add to the property and for sure fit in. 6819 Irving. 6830 Newton. 6801 Newton. I By Ted W Comment 2: 1 agree Ted. We live by some large two story garages and they stick out and do not fit the look of the neighborhood. My other thought is the intent of the large garage. We have had issues with semi trucks and semi truck storage on our street in the past. I By Katie E Comment 3: Sorry, try this link: http://bit.ly/1 yaiwqu I By Sean H Comment 4: Can't speak for Ted, but this is a nice story-and-a-half detached garage off 32nd and Colfax: https://www.google.com/maps/@44.944723,- 93.292335,3a,89.8y,335h,83.86t/data=!3m4!1 e1 !3m2!1 sEEs5-v-vXtrwfJG8PKIwOw!2e0. Although I wish they'd remove that errant driveway apron!) I By Sean H Comment 5: Thanks for your comments, Ted. If you found some good examples on the web, would you consider sharing them? I By Melissa P Idea Title: I Love this idea! Idea Detail: As a backyard self mechanic with racecar and offroad vehicles as hobbies, I could make sure those vehicles were not out in the open and possibly causing neighborhood eyesores. Idea Author: Colin O Number of Seconds 0 Number of Points 5 www.MlndMIxer.com m I n X11 xer PROJECT REPOM Idea Report 4 Number of Comments 0 Idea Title: Sure. Idea Detail: I see no reason why not. Of course if they are using the space as a rental or business they should have to comply with the existing licensing requirements. Idea Author: Janna G Number of Seconds 0 Number of Points 3 Number of Comments 1 Comment 1 : Thanks for you input, Janna. I By Melissa P Idea Title: Worth Exploring Idea Detail: I think that ordinances like this are likely out of date and they need to be refreshed. Of course, this probably means there still needs to be some guardrails, but overall, I think this is a great option. Idea Author: Amanda W Number of Seconds 0 Number of Points 2 Number of Comments 1 Comment 1 : Thanks for your thoughts, Amanda. I By Melissa P Idea Title: All depends on placement visibility Idea Detail: Detached or not, I think it's important to shield this from the street -- where a hulking garage can detract from the neighborhood. But if it's on the back of the lot, or on an alley, I don't see why not, particularly if it could be used as an Accessory Dwelling Unit (aka granny flat). www.MlndMIxer.com admix r PROJECT REPORTS Idea Report 5 rt rt I'd be far more interested in limiting the footprint of the garage (e.g., no attached three-car garages) than limiting the height. Idea Author: Sean H Number of Seconds 0 Number of Points 1 Number of Comments 5 Comment 1 : Ted, again my only concern is visual impact. And in Northfield, again, that limitation applies only to attached garages. In general, attached garages have doors that are much more visible from the street. (Although one of your examples, 6801 Newton, did a good job tucking the attached garage behind.) I don't have a problem with a 3-car garage at the back of the lot -- but I think in general, the fewer garage doors facing the street, the better. I think tandem stalls (deep instead of wide) are a great compromise option. In fact, this was done extensively in the Cobblestone Lake development in Apple Valley. If you take a drive through that development (built in mid-2000s) and compare to some of the other nearby developments (where the 3 car garage -- often extending out of the front of the house), you can really see how much more neighborly it feels to have the visual focus on the front door/ front porch instead of car storage. I By Sean H Comment 2: Sean, why would you want to limit garages to 2 stalls? As an owner of a house with a 3 car garage I'd be interested to hear why you feel that way. Do you feel different about a 4 car garage that is deep instead of wide? I By Ted W Comment 3: Sean, accessory garages (or any accessory structure) cannot be situated forward of the front building line. Attached garages can extend beyond the front line of the house, so long as they meet the 30-foot setback requirement. I By Melissa P Comment 4: Thanks for your response, Melissa. May garages extend beyond the front entrance of the house? I helped with a rewrite of the Northfield LDC, and two important features were that attached garages could not be larger than 2 car stalls, and that the front door (or edge of front porch) had to be at least 5' closer to the street than the garage door. I By Sean H Comment 5: Thanks, Sean. We do limit the size of both attached and detached garages and we also limit driveway width in front yards. Part of the intent of those regulations is to make sure that a large garage does not become the main architectural feature of the house. I By Melissa P www.MlndMIxer.com m I nd 1'17 xer PROJECT REPOM Idea Report 6 rt rt Idea Title: I am in favor of allowing taller garages as long as they fit Idea Detail: Garages should fit the property and the neighborhood, i.e. a two story garage next to a one story rambler would not fit; a one and a half story garage next to a one and a half story bungalow would fit. I am in favor of allowing these for many purposes including storage, workshops, offices and small apartments. Idea Author: Gerry C Number of Seconds 0 Number of Comments 0 Idea Title: Amend Ordinance with Considerations Idea Detail: I agree with some of the comments in that I think the ordinances should be revisited and amended but not necessarily done away with.... there should be additional options available with special consideration taken to placement on the property as well as height restrictions as not to reduce or impede on neighboring properties and to keep in line with the look of neighborhoods. Likewise, allowing the option to create additional "office" or usable space in a garage may in some cases increase home value or prevent individuals from leaving the community in search of larger homes. We've considered this option because the cost would be much more affordable than adding onto our existing home. We love Richfield and the forward thinking leadership!! Great to see discussions like this taking place! Idea Author: Kelly J Number of Seconds 0 Number of Comments 0 Idea Title: Great Idea...Love it! Pas the ordance... Idea Detail: Yes great idea! Idea Author: Barry L Number of Seconds 0 Number of Comments 0 www.MlndMIxer.com m I nd 1'17 xer PROJECT REPOM Idea Report 7 rt rt Idea Title: Absolutely!! Idea Detail: I didn't realize that this wasn't an option already. Idea Author: Ghislaine B Number of Seconds 0 Number of Comments 1 Comment 1 : Thanks for weighing in, Ghislaine. I By Melissa P Idea Title: It would depend on several factors. Idea Detail: I would be all for passing this ordinance if there were stringent rules in place as to placement, maximum height restriction, etc. We live in a beautiful community. I wouldn't want to see a neighborhood street marred by the placement of several two story garages immediately right up next to the street. If they were required to be set back towards the back of the property so as to not detract from the beauty of the neighborhood, I can see no problem with it. Idea Author: Laurie F Number of Seconds 0 Number of Comments 1 Comment 1 : Thanks for your comments, Laurie. I By Melissa P Idea Title: Yes it should be allowed Idea Detail: Stringent to planning variance during the normal review process to make sure neighbor's privacy isn't a infringed upon. It would be nice to add a second floor to a garage to create a playroom for our children or even a potential mother-in-law suite. It would help increase the value of our property, Richfield taxes as well as increase fees/permits for your building department. Win/Win Idea Author: Chad B www.MlndMIxer.com m I n X11 xer PROJECT REPOM Idea Report 8 Number of Seconds 0 Number of Comments 0 Idea Title: Sounds Good. Idea Detail: We love the Richfield community, but we also will have to look for a bigger home in the future. However, if we could build on our existing property and have the option for a two- story garage, that would be wonderful. Idea Author: Steven C Number of Seconds 0 Number of Comments 1 Comment 1 : I've heard this comment from others as well, Steve. Folks looking for ways to maximize their space in order to stay in Richfield. I By Melissa P Idea Title: In general, I would support. Idea Detail: Infill is good for a community, IMO, and so in general I would support allowing garages with two stories so they could be used for apartments/mother in law quarters. Like any infill project, however, regulations should be developed to avoid having two story garages which are out of character with existing neighboring houses, e.g. because they tower over one story dwellings. Example of the problem: McMansion infills in Edina or South Minneapolis. Idea Author: Brian L Number of Seconds 0 Number of Comments 0 Idea Title: I am in favor of this! Idea Detail: I personally probably wouldn't build a bigger garage, but I'm definitely not opposed to others who would want to do this. 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The proposed ordinance would prohibit recreational marijuana sales outlets and marijuana production, and establish conditions related to the location and operation of medical marijuana dispensaries. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached ordinance amending the Richfield City Code to allow medical marijuana dispensaries as a conditional use in the General Business District. II. BACKGROUND In 2014, the Minnesota State Legislature approved the Medical Cannabis Therapeutic Research Act of 2014 ("Act"). The Act allows for the manufacturing and distribution of medical marijuana. In response to this action, the City Council adopted a six-month moratorium on consideration of such uses so that potential implications and ordinance amendments could be studied. Since the adoption of the moratorium, all State-required manufacturing and distribution sites have been selected. Although there are no pending inquiries for this type of use in Richfield, it is important for the City to adopt regulations that will apply to future applications. A joint work session of the Council and Planning Commission was held to discuss this issue in November. The City Attorney, Police Chief and Community Development staff led a discussion related to zoning, licensing, public safety and the potential expansion of the law to allow recreational marijuana sales. Based on the feedback received at this meeting, staff has drafted the attached Ordinance amendment. This amendment is strictly related to zoning requirements and does not address the licensing component of regulation. Business licensing staff will be working with the City Attorney to draft these regulations separately. Summary of proposed Ordinance Recreational marijuana sales outlets prohibited throughout City; Medical marijuana dispensaries conditionally permitted in the C-2 (General Business) District. Conditional Use Permit requirements proposed as follows: o Business operators shall secure all applicable licenses and approvals from the City, County, State or other applicable jurisdiction; Such uses shall not be permitted within 1,000 feet of a public or private school; Such uses shall not be located within 1,000 feet of another medical marijuana dispensary; Such uses shall not be located within 250 feet of residential property. Marijuana production prohibited throughout City. Items related to the hours of operation, security, etc. shall be addressed through the licensing process. There are limited commercial locations that meet all of these requirements. As of now, there are potential sites near Highway 77 and 66th Street, within the Shops at Lyndale development and one site on the City's western border at 66th Street. It should be noted that potential locations could change as sites redevelop or uses change. III. BASIS OF RECOMMENDATION A. POLICY Ongoing review and periodic updating of the Code is necessary to ensure that regulations address emerging uses and trends. The Zoning Code is the manner by which the City implements its Comprehensive Plan and other redevelopment/revitalization plans. State Law allows cities to adopt interim ordinances for the purposes of protecting the planning process and the health, safety and welfare of its citizens. B. CRITICAL ISSUES The moratorium related to medical marijuana dispensaries will expire on April 15, 2015. C. FINANCIAL N/A D. LEGAL Notice of this public hearing was published in the Sun Current in accordance with State and Local requirements. Other Actions: Council: The recommendation of the Planning Commission will go to the City Council for two readings. If the City Council adopts the recommended changes, they will take effect the day following publication in the Sun Current newspaper. IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposed ordinance with additional changes. Recommend denial of the proposed ordinance. V. ATTACHMENTS Ordinance Zoning Map — Potential dispensary locations VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A BILL NO. AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO ALLOW MEDICAL MARIJUANA DISPENSARIES AS A CONDITIONAL USE IN THE GENERAL BUSINESS DISTRICT THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. - Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011-19) P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use S- C-1 C-2 O Adult businesses N N Animal kennels N N P/C Apartments within a commercial building A I A/C Assembly, light manufacturing, warehouse N N A Auction houses N N Auto mechanical/body repair I N I N C Auto detailing N N C Auto or boat sales N N Auto stereo installation service N N P Auto washes N N C Barber or beauty shops P/C P/C P/C Bicycle stores I N I P/C P/C Bicycle repair shops P/C I P/C P C Bowling alleys N N P Carpet or paint stores N P/C P/C Cemeteries N N Convenience store N P P Day care facilities C P Drug stores without drive-up facility N I P/C P/C Drug stores with drive-up window N N C Emergency shelter N N C Enclosed storage A A Fences, walls and hedges A A Financial institutions without drive-up service I N I N P Financial institutions with drive-up service I N I N C Firearms related uses I N I N C Fortune telling I N I N P Funeral homes, mortuaries I N I N C Furniture or appliance stores I N I P/C P/C Governmental buildings I P I P P Grocery stores I N I P/C P/C Health club or studio, spa N P P Hospital or 24-hour urgent care I P/C I P/C P/C Hotel or motel (6 or more units)I N I N J C Junk yard I N I N Libraries, public P P P Liquor store, municipal I N I N P Marijuana (medical) dispensaries N N C Marijuana (recreational) sales outlets I N I N N Nursing home P P Office, single-tenant, professional, executive or business I P/C I P/C P/C Office, multi-tenant, professional, executive, or business P/C I P/C P/C Outdoor merchandising or storage (except as allowed by Section 1135 of N N N the City Code) Parking A A Pawn shops and second hand goods dealers licensed under Section N N C 1186 or 1187 of the City Code Public utility, minor A A A Public utility, major C C C Religious institutions N N P Restaurant, take-out only (Class IV) N C P Restaurant, fast food/convenience food (Class III) or any restaurant with N N C drive-up service Restaurant, traditional or cafeteria (Class II) 1 N C C Restaurant, full service (Class 1) 1 N I N C Retail, general (single ormulti-tenant)N P/C P/C Schools, public or private I N I N Service station N N Service station/convenience store N N C Service or non-auto repair shop I P/C I P/C P/C Tattoo shops I N N Taxi or limousine service N N f_] Theater, movie or live entertainment N N C Veterinary clinic N N Section 2 Subsection 512.09 of the Richfield Code is amended to read as follows: 512.09. - Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use MU- MU- MU-R N C Residential Townhome development P N N Multifamily dwellings (min. 3 units) P P P but see 537.07 Subd. 2a) Live-work units P P N Assisted living facilities, nursing, rest homes P P N Other IAdult businesses N P P IAnimal kennels C C C Assembly and manufacturing accessory and N A A subordinate to retail use IAuto mechanical/body repair N C C Auto detailing N C C Auto rental facilities as an accessory to primary office N A A or hotel use Auto sales N N C IClinics A* P P Convenience store P* I P I P Day care facilities P I P I P Drive-up window or teller service N C C Firearms related uses N I N I C Funeral homes, mortuaries N I P I N Governmental buildings A I P A Health or athletic clubs, spas, yoga studios N I P I P Hotel or motel (6 or more units) N I P I P Hospitals N I N I P Libraries, public P P N Marijuana (medical) dispensaries N N N Marijuana (recreational) sales outlets N N N Offices A I P I P Parking A A A Police sub-station P I P I P Public utilities A A A Recreational facilities, noncommercial, principal use P P P Religious institutions P I P A Restaurant, take-out only (Class IV) P P P Restaurant, fast food/convenience food (Class III)N C C Restaurant, traditional or cafeteria (Class 11) P P P Restaurant, full service (Class 1) N C P Retail, neighborhood services P P P Retail, general services C P P Retail, regional services N C P Schools, public or private P P C Service station N P P Service station/convenience store N P P Tattoo shops N P P Theaters, movie or live entertainment N N P Transit facilities A A A Conditions apply, see section 537 for complete regulations. Section 3 Subsection 512.11 of the Richfield Code is amended to read as follows: 512.11. - Permitted, Conditional, Accessory and Prohibited Uses in the Industrial District. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Industrial District. Refer to Section 539 for complete regulations. P: Permitted A: Accessory C: Conditional Pr: Prohibited r rvmvr[ccr N: OrdinanGe is solent N: Null or not Permitted Land Use IAdult businesses P Bottling operation P Cold storage P Computer assembly I P Electric appliance manufacturing P Electronic components assembly P Food products manufacturing P Laboratories for testing or research I P Living quarters for security personnel A Lumber or building materials sales P Marijuana prod uction/processing N Metal products manufacturing P Paper products manufacturing P Parking A Pawn shops and second hand goods dealers licensed under C Section 1186 or 1187 of the City Code Rubber or plastics products manufacturing P Satellite dish antennas A Stone, clay or glass products manufacturing I P Telecommunication towers C ITextile products manufacturing P IWood products manufacturing P Section 4 A new Subsection 534.07, Subdivision 25 of the Richfield City Code related to medical marijuana dispensaries as a conditionally permitted use in the General Business (C-2) District to read as follows is added. Subd. 25. Medical marijuana dispensaries, provided the following conditions are met: a) The business operator shall secure all applicable licenses and approvals from the City, County, State or other applicable jurisdictions before the conditional use permit shall become effective; Such uses shall not be located within 1,000 feet of a public or private school; c) Such uses shall not be located within 1,000 feet of another medical marijuana dispensary; and Such uses shall not be located within 250 feet of residential property. Section 5 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. 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II.RECOMMENDED ACTION: I Elect a Planning Commission Chairperson, Vice-Chairperson and Secretary. II. BACKGROUND The Bylaws require that the Planning Commission hold an annual organizational meeting at the first regular meeting in February and elect from its membership a Chairperson, Vice-Chairperson and Secretary. According to the Bylaws (Part II, Organization), a majority vote is necessary to first elect a Chairperson and second to elect the remaining officers. The Chairperson, Vice- Chairperson and Secretary are to take office immediately upon election and hold office until their successors are elected next year. The Chairperson is responsible for conducting all Planning Commission meetings and public hearings. The Chairperson is also responsible for representing the Commission in dealing with the City Council and staff. The Vice-Chairperson is responsible for the duties of the Chairperson in the event the Chairperson is absent. The Secretary assumes these responsibilities when both the Chairperson and Vice-chairperson are absent and signs all minutes and official Commission documents. The 2014 election results were as follows: Chairperson Jabs, Vice-Chairperson Rosenberg and Secretary Rublein. III. BASIS OF RECOMMENDATION A. LEGAL An annual organizational meeting is required by the Planning Commission Bylaws. AGENDA SECTION: NEW BUSINESS AGENDA ITEM # 4 PC LETTER# 8 CASE# wd9d PLANNING COMMISSION STAFF REPORT r PC MEETING DATE: FEBRUARY 23, 2015 ITEM FOR PLANNING COMMISSION CONSIDERATION: Appointment of liaisons to the Community Services Advisory Commission, City Council, Housing and Redevelopment Authority, School Board and Transportation Committee. I.RECOMMENDED ACTION: The following Planning Commission actions are recommended: Approve members to serve as liaison and alternate liaison to the Community Services Advisory Commission, City Council, Housing and Redevelopment Authority, School Board, and Transportation Committee. II. BACKGROUND Community Services Advisory Commission: The resolution establishing the Community Services Advisory Commission provides that a liaison and alternate from the Planning Commission be appointed to the Community Services Advisory Commission. The Community Services Advisory Commission meets on the third Tuesday of the month at 7:00 pm, at the Community Center. The Planning Commission should appoint two members to serve as liaison and alternate liaison to the Community Services Advisory Commission. Commissioner Rublein served as liaison and Commissioner Rosenberg served as alternate to the Community Services Advisory Commission for 2014. City Council: The City Council meets every second and fourth Tuesday at 7:00 pm in the Council Chambers at City Hall. Commissioner Rosenberg served as liaison to the City Council for 2014. Housing and Redevelopment Authority: The Housing and Redevelopment Authority meets every third Monday at 7:00 pm in the Council Chambers at City Hall. Commissioner Groebner served as liaison to the HRA in 2014. School Board: The Commission also appoints a liaison and alternate liaison to the School Board. The School Board generally meets the first and third Monday of each month at 7:00 pm in the District Office Board Room. Commissioner Kitzberger served as liaison to the School Board for 2014. Transportation Commission: The Transportation Commission was appointed by the City Council to review transportation-related topics and make recommendations to the City Council. The Committee meets the first Wednesday of each month at 7:00 pm in the Council Chambers at City Hall. Commissioner Standfuss served as liaison to the Transportation Committee in 2014. AGENDA SECTION: NEW BUSINESS AGENDA ITEM # 5 PC LETTER# 9 CASE# 9d PLANNING COMMISSION STAFF REPORT r PC MEETING DATE: FEBRUARY 23, 2015 ITEM FOR PLANNING COMMISSION CONSIDERATION: Review of Planning Commission Bylaws. I.RECOMMENDED ACTION: Approve the attached Planning Commission Bylaws with an amendment to reduce the number of Commissioners necessary for a quorum from five to four. II. BACKGROUND Part 3, Section 3 of our Bylaws requires the Planning Commission to review the Bylaws each year at the February organizational meeting. Staff is recommending one change to the Bylaws. This change is related to the number of Commissioners necessary for a quorum. As discussed at the January 26th meeting, the reduction of the Commission from nine to seven members makes it logical to reduce the number of Commissioners necessary for a quorum from five to four. A quorum is required in order for the Commission to vote on items before them. Formal action to approve this change can be taken tonight. The City Attorney is currently reviewing all commissions' Bylaws for consistency. This review may result in additional Bylaw revision recommendations later this year. III. BASIS OF RECOMMENDATION Annual review of the Bylaws is required. IV. ATTACHMENTS Planning Commissions Bylaws (Rev. 2012 with proposed quorum amendment) 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 III, Section 305.05, 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 veFour 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 II. 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 2/3 vote of those members present. Section 2. Amendments These Rules may be amended at any regular meeting by a 2/3 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 23rd day of February, 2015 Chairperson, Richfield Planning Commission Secretary, Richfield Planning Commission AGENDA SECTION: NEW BUSINESS AGENDA ITEM# 6 PC LETTER# 10 CASE# PLANNING COMMISSION STAFF REPORT r DATE: FEBRUARY 23, 2015 ITEM FOR PLANNING COMMISSION INFORMATION: Discuss dates and topics for the 2015 Planning Commission Study Sessions. I.BACKGROUND The Planning Commission typically holds six regularly scheduled study sessions each year. Those meetings are generally scheduled for the fourth Monday of the month preceding the regular meeting) at 6:00 pm, although this schedule is subject to change based on the timeliness of topics and whether or not the session will be held jointly with another body. Staff attempts to hold a study session every other month. The Commission has already had two study sessions this year. In January, the Commission heard proposals related to redevelopment along I-494 and Cedar Avenue, and earlier this evening the Commission heard a proposal for a Burger King restaurant at 7733 Portland Avenue. Monday, March/April — Discuss reduced parking in constrained commercial corridors. Monday, May/June — TBD Monday, August 10 at 5:30 pm —Walking or biking tour of specific area. Monday, October 26 — TBD Monday, December 14 at 7:00 pm — Transportation project update Potential additional topics include: Economic Development resources in Richfield Joint meeting with Edina and Bloomington Planning Commissions (late summer/fall — Edina to host) Zoning for tap rooms Recreation Services project update