022315 Packet (scanned paper for file size comparison)PLANNING COMMISSION
AGENDA
x
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 inedical
marijuana dispensaries.
New Business
I1fEM #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 Schooi 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 66t" 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 inembers 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
AGEND S;C I'loN: PUBLIC HEARING
AGENDA I"I'EiM# l
RGPOK"I'# 5
CASr
PLANNING COMMISSION STAFF REPORT
PC M TING DAT: 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
dwellin units.
I.RECOMMLNDED ACTION:
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. BACICGROUND
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 farum
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 ,uuu 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:
o Primary exterior materials of the accessory garage must match the
primary exterior materials of the principal building.
o Roof pitch must be substantially similar to roof pitch of primary structure.
o 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. F'INANCIAL
N/A
D. LCGAL
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 Councii adopts the
recommended changes, they will take effect the day following publication
in the Sun Current newspaper.
IV. ALTERNATIVE RECOMMCNDATION S
Recommend approval of the proposed ordinance with additional changes.
Recommend denial of the proposed ordinance.
V. ATTACI-IMENTS
Ordinance
Richfield Connect Summary
Zoning Map
VI. PRINCIPAL PARTIES EXPCCTED AT MCCTING
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. "Dwellinq unit accessory." A dwellinq unit that is located on
the same lot as a principal residential structure to which it is accessorv,
and that is subordinate in area to the principal dwellinq_
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_
That do not exceed 1,000 square feet in gress-floor area;. In the case
of detached qara_ges floor area shall include space devoted to vehicle
parkin storaqe and non-garaqe uses such as an accessory dwellinq
unit office or similar habitable space. Floor area shall not include
crawl spaces or attic storaqe;
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 g e s-floor
area when combined with all other accessory buildings and attached
garages on the lot;-a 1
That are constructed in accordance with Subdivision 2 of this
subsection.-; and
d In no event shall the heiqht of a qaraqe door or carport openinq,
measured from the floor to the trim coverinq 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 farnily); and
uc-#-ar-r-a g°,,„rraoe+ „n+;+„+o -aE-es or-y-apa r°n+
eb) 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 dwellinq units shall
be allowed, provided that:
a The principal residential structure is a permitted or conditional sinqle-
family dwellingi
b, No more than one accessory dwellinq unit shall be allowed on a lot;
The lot must meet current minimum width and depth requirements;
d The creation of an accessor dwellinq unit shall not create a separate
tax parcel;
e An owner of the propertYmust occu y at least one dwellinq unit on the
lot as their primar place of residence. Proof of homesteadinq 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 dwellinq units must have a minimum area of 300 square
feet and cannot exceed 800 square feet or the qross floor area of the
principal dwellinq, whichever is less;
h Principal dwellinq units must continue to meet minimum floor area
requirements or not increase the deqree of nonconformity in this
matter;
i, The primary exterior materials of an attached accessory dwellinq unit
must match those of the principal structure. Exterior materials for new
construction related to anv type of accessory dwelling unit must match
the structure to which it is attached;
j The creation of an attached or internal accessory dwellinq unit shall not
result in the creation of additional entrances facinq the public street on
the primary structure;
k Exterior stairways leadinq to an u per stor r accessory dwellinq unit
shall be allowed so long as the staircase and railinq are not
constructed with raw or unfinished lumber;
I Conversion of qarage space to an accessory dwellinq unit is prohibited
unless the qara_qe space is replaced. Space within a _qara. eqthat
exceeds what is necessary for two vehicles may be converted without
re lacement; and
m A minimum of three off-street parkinq spaces is required in order to
add an accessory dwellinq 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 i Front Rear Interior Street/Corner ;Maximum Height(as ;
E Side Side defined in 507.07,
E
Subd. 53)
i
Single-family building '30 (25 5 i12 25
but see Subd. 3 and 5)
1 S
Two-family building 30 '25 10 12 25
but see Subd. 3 and 5)
Cluster home _ 10 25 _ 5 t 12 25
development in R-SFH but see Subd. 8) ;
guided area i
i
but see Subd. 3 and 5) `
i
r
Cluster home 30 ;25_ 5 _ ;12 25
i
development in non-R- j(but see Subd. 8)
SFH guided area
but see Subd. 3 and 5) `
Accessory-garage 30 3 5 12
14z
but see Subd. 3-6) 5 if utility easement : but see Subd. 7) ,
3 or reater than 14
ft. tall)
i I
t
Accessory- nongarage 30 3 5 12
123
but see Subd. 4 and 5) i(5 if utility
f i
easement) 1
Nonresidential building 40 ;30 30 330 42
but see Subd. 5 and 7) i j
a._____= ._ _,___ _. _ i
Accessory building to `40 ';'10 I 10 30 15
nonresidential use i
E
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. e
t Y A C i iP.l-L kil3V.t`tt-I c YT t T1Y C-lLt P.t P.--` nr n4 ovnoo c iv /C.\ foa iri
1 i t t Ft
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;
ivl Accessorv qaraqes built under this Subdivision are limited to
14 feet in hei.qht;
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
i\ Th ol na rli•nori +n h° i—m cn8—F
I o chr+ll ho n no+ri n orl h q_.qy_!_y_C.._.S--(k}{}
i.. y.,
r r^j fa nrio /'1\ hniirfiro ro i.ry,,r+.q(_{
h....... J ..
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) fn 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 slopP;
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 sinqle-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 heiqht for accessory qarapes. The maximum heiqht
of an accessory qara ecmaybeincreasedwhenthefollowinqconditions
are met:
a) For lots that are less than 75 feet in width, a detached accessory
aara_qe ma rLnot exceed the heiqht of the principal residential structure,
1 — '/2 stories or 18 feet whichever is less. In no case shall the hiqhest
vint of t c of of t"c uetach u accessc;y araqe ex eed the hi hest
point of the roof of the principal residential structure.
b) For lots that are 75 feet or qreater in width, a detached accessory
qarage may not exceed the heiqht of the principal structure. In no
case shall the hiqhest point of the roof of the detached accessorv
garaqe exceed the hiqhest point of the roof of the principal residentiai
structure.
c) Primary exterior materials of the accessory qaraqe/structure must
match the primary exterior materials of the principal buildinq and the
roof pitch must be substantiall rLsimilar to the primary roof pitch of the
principal buildinq;
d) Windows false windows doors or similar openinc s 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_
That do not exceed 1,000 square feet in gres floor area;. In the case
of detached qaraqes floor area shall include space devoted to vehicle
parking storaqe and non-qaraqe uses such as an accessory dwellinq
unit office or similar habitable space. Floor area shall not include
crawl spaces or attic storaqe;
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 g ess-floor
area when combined with all other accessory buildings and attached
garages on the lot;a l
That are constructed in accordance with Subdivision 2 of this
subsection.-; and
d In no event shall the hei ht of a qaraqe door openinq or carport,
measured from the floor to the trim coverinq 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
S P 1Pfini ion f f milvl; nd
pe ori+ rino nn+ nnr c i i i o n_._aE+f:'T g}e t t
y
eb) 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 dwellinq units shall
be allowed, provided that:
a The principal residential structure is a permitted or conditional sinqle-
family dwellinq;
b No more than one accessory dwellinc unit shall be allowed on a lot;
c The lot must meet current minimum width and depth requirements;
The creation of an accessory dwellinq unit shall not create a separate
tax parcel;
An owner of the property must occupy at least one dwellinq unit on the
lot as their primary place of residence. Proof of homesteadinq 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 dwellinq units must have a minimum area of 300 square
feet and cannot exceed 800 square feet or the qross floor area of the
principal dwelling, whichever is less;
h, Principai dwellinq units must continue to meet minimum floor area
requirements or not increase the deqree of nonconformity in this
matter;
i, The primary exterior materials of an attached accessory dwellinq unit
must match those of the principal structure. Exterior materials for new
construction related to any type of accessory dwellinq unit must match
the structure to which it is attached;
j The creation of an attached or internal accessory dwellinq unit shall not
result in the creation of additional entrances facinq the public street on
the primary structure;
k Exterior stairways leadinq to an u per story accessory dwellin.c unit
shall be allowed so lonq as the staircase and railing are not
constructed with raw or unfinished lumber;
Conversion of qaraqe space to an accessory dwelling unit is prohibited
unless the qaraqe space is replaced. Space within a qaraqe that
exceeds what is necessary for two vehicles may be converted without
replacement; and
m A minimum of three off-street parkinq spaces is required in order to
add an accessory dwellinq unit of any kind.
5ection i i Subsection 518.13, Su Uivisions 2-+ i ihe Rich c U C ty Code rc at to
building height and setbacks in the R-1 District are amended to read as
fol lows:
Subd. 2. Building setback and maximum height (measurements in feet).
Use E Front Rear Interior StreetlCorner Maximum Height ';
Side Side as defined in
j 507.07, Subd. 53)
4
Single-family 30 (25 10 15 j35
building
but see
Subd. 3 and
5)
i
Accessory, ;30 {3 1 p 12 __
141
garage 5 if utility but see Subd. 7)
but see easement or t
Subd. 3-6) qreater than 14 ft i
tall)
j
Accessory, 3 . 3 __ _ 5 12 i 212
nongarage 5 if utility E
but see I easement) i
Subd. 4 and
5)
i
For garages, height is measured on the side of the building with the vehicle door. e
Or°;nh ue p rl inrv °}p_p r o nr+nnn+ ovnoorJ civ /(-'\ fo+
N rnrrr 3-y.
1-t-r
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
h,u NC° of const;uct;ny an attached garays r a ±wo-car garayP t rPr!ace 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) Accessor,qaraqes built under this Subdivision are limited to 14
feet in hei.qht.
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 Deuelopment 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 iine 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
fol lows:
Subd. 7. Additional heiqht for accessory qarages. The maximum heiqht
of an accessory qaraqe may be increased when the followinq conditions
are met:
e) For lots that are less than 75 feet in width, a detached accessory
garage may not exceed the heiqht of the principal residential structure,
1 — '/2 stories or 18 feet whichever is less. In no case shall the hiqhest
point of the roof of the detached accessory qarage exceed the hiqhest
point of the roof of the principal residential structure.
f) For lots that are 75 feet or qreater in width, a detached accessory
aara.qe may not exceed the heiqht of the principal structure. In no
case shall the hi hqestpointoftheroofofthedetachedaccessory
garage exceed the hiqhest point of the roof of the principal residential
structure.
g) Primary exterior materials of the accessorv garaqe/structure must
match the primary exterior materials of the principal buildinq and the
roof pitch must be substantially similar to the primary roof pitch of the
principal buildinc
h) Windows false windows doors or similar openinqs are required on all
second story wa11s;
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
7opic Qu stion:
What do you think about the idea of two-story detached garages?
Description ar 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 af Ideas: 18 Number of Comments: 17
RESULTS
Summary af 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 atlowing 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.
2/9/2015
Richfield Connect Topic Summary, can1.
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.
e st i'c jular 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
srr all 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."
Implicafiians & IVext Steps:
Planning Commission Study Session - 12/8/14
Planning Commission Public Hearing -2/23/15
iij% ^vvi iCii iuii`1Gi1Cc Amendment - March 2015
2/9/2015
II'1"11)C t o,cr E?t rr 4 Idea iepor i
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
rr n mixer PFiQJEGT RfPDf>. Idea I eport 2
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. 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. 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
ldea Title: :^!hy ::#?
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
I,
e minc mixer PROJECT REPdF 1 Id ea I e pc 3
idea.
Idea Author: Ted W
Number of Seconds 0
Number of Points 6
Number of Comments 5
Comment 1: I 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. By Ted W
Comment 2: I 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. By Katie E
Comment 3: Sorry, try this link: http://bit.ly/1yaiwqu 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!) By Sean H
Comment 5: Thanks for your comments, Ted. If you found some good examples on the web,
would you consider sharing them? By Melissa P
Idea Title: I Love this idea!
Idea Detail: As a backyard self inechanic 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
I m nc mixer PRDJECT REPDRI dea R p '' 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. 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. 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).
r indmixer PROJECT REP4R1.+` de Repaf ' 5
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. 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? 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. 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. 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. By
Melissa P
r;. ..,1u,, ;l,i..;a:., .
n(Xer PROJECT REPORI: Idea I eporl 6
Idea Title: 1 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...
laea Detail: Yes greai idea!
Idea Author: Barry L
Number of Seconds 0
Number of Comments 0
i; ,. ,. i
rv
r ndmix r F7R EGr P a;r. Idea Repor
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. 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. 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
mi mixer OJECTRFPr)F TS Idea Re o 8p
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. 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.
Idea Author: Lin S
Number of Seconds 0
1 1
i i i , i
r
sC 3 Ea=E =p p pe x' ' C
9 e B!' S pL' 2 C C C pp . a
Ti i ..'r. i a=_=C?i G Si= y 9 a= 0
x' 'rs•-_=E _=_==
S'-° S
pa a- -
C C
a
s
a e
B S. B C:C'
e C C:i'
e ap-:
1 111'.=== ai
n. %! [e
T3 p C
G E-a 5i :_?_:ie:: 4I
I ee.:_ e
e_.
9'- =3 5
p 3 23=e
e o =i e = a = 5 L_ 7S
a C== i 5=m =Cs'=e a="==e==3=s-'_
y =_ a:=-s=_= 5aa ==
@e 3e:
s
C'C i=:''==e =3E= '
Q ==== -
C 3
C
G l i'
i ii i :i
5:i: 'I
r
r
a i
sa g_xe s3 E=i s e 0 C: 4 S C C: 11 : '•'C 7 G:i G e i e
C 11111 11111111111 11 11:p 1 pC Cp a-
C IIIIC 1111111111111111:==S C_: u llllll C-C pa
e-_===-:__=-3•s e x:r_ Be: f,;.,,,.mu uu p.- a-- =-3==:== e-E'=-i ii
m i e==-_=_==== a: 9==_: .0:::= 3-=-=--1 o:i
uu mm g- iriu'uuu C C.'=-=8 8_==:::::' oe===' _= 'a5=_=_- muuu on
IIIIIIIII 11 e!! e ee=e :. ! Si t.?_=E ae
u.C= C C 1 E B=_@ B ::C p C C=?= o S=
G_
C , ::n ==°'_?a_p'e'g ao=9
I
C
C?._:-'
C0 . C _I ==_ ee== _ C 7 CC0 a 'o ::=iC 'JC - p-=c=
i' i eO:_ C C= a T.'
11 " e ' IC ' ='J E ::=
C 2:' = C%
L
I r e 3 e='=_=_=-'-__=_ =_
s _e T.' S C . . C C C C Se: : _ e=9= @= . _ -e-=_3
6 5a=' '=a ° 5 s"= S€-a=_
s
e 9e a s ee 3_ _:
m• 3'e 2 C: Ei''''. .': CC:p C C: C:C"'C 3T'
e a p= i SS S..
x 1== 5--==='==°======_=a=__
un 11 C g J ea 7C C
Ili C 'i 1 S a E p 3 C r$a p'
7', __L 3 0 CC C. LC CG E
i i Q C i. r I
p`:':=a=- a ., i1 at'`r'
i
AG tv SECT ON: PUBLIC HEARING
AGENDA ITEM# 2
Rr-.olrr# 6
CASE#
a . PLANNING COMMISSION STAFF REPORT
a
PC M ETING DATE: F BRUARY 23, 2015
f
ITEM FOR YLANNINU COMMISSION CONSIDERATION:
Public hearing to consider 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 inedical mari'uana 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. BACI<GROUND
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.
i r ri rtaF'y ii ru a ed O'cai iaii e
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;
o Such uses shall not be permitted within 1,000 feet of a public or private
school;
o Such uses shall not be located within 1,000 feet of another medical
marijuana dispensary;
o 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
66t" Street, within the Shops at Lyndale
development and one site on the City's western border at
66t" Street. It should be noted
that potential locations could change as sites redevelop or uses change.
III. BASIS OP RECOMMENDATION
I 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. ALTERNATIVL 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 M ETING
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
foliows:
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 I C-2
O
Adult businesses N N 'P i
Animal kennels N !N ;P/C ;
Apartments within a commercial building A 'A/C ;C
Assembly, light manufacturing, warehouse 3N ;N 'A
Auction houses N N ;P ;
Auto mechanical/body repair N N ',C
Auto detailing N i N ;C
a
Auto or boat sales N ;N ;C '
Auto stereo installation service N ;N ;P ;
Auio washes _3 i N `C
Barber or beauty shops i P/C a P/C i P/C
Bicycle stores N :P/C P/C ;
Bicycle repair shops P/C :P/C i P/C
Bowling_alleys N 'N i
Carpet or paint stores N P/C ;P/C ;
Cemeteries N 'N 'C
Convenience store N 'P j P
Day_care facilities
j C ;P P
Drug stores without drive-up facility N PlC ;P/C
Drug stores with drive-up window i N i N :C
Emergency shelter _
i N i N i C
Enclosed storage A A A '
v___.___.__ . .__
Fences, walls and hedges A ;A ?A
Financial institutions without drive-up service N N ;P
Financial institutions with drive-up service N N 'C ;
Firearms related uses N 'N 'C '
Fortune telling i N i N P '
Funeral homes, mortuaries N N C
Furniture or appliance stores N ;P/C 'P/C ;
Governmental buildings P P ;P
Grocery stores N ;P/C P/C
Health club or studio, spa N P j P
3
Hospitai or 24-hour urgent care P/C P/C 'P/C ,
Hotel or motel (6 or more units) N ,N `C
Junk yard N `N N
Libraries, public P ;P P
Liquor store, municipal i N !N P
Marijuana (medical) dispensaries N 'N :C
Marijuana (recreational sales outlets N ;N !N
Nursing home P P `N
Office, single-tenant, professional, executive or business P/C :P/C 'P/C
Officc, mult-e ant, Nrofess al, xecuiive, or u5ines5 Fii, ;P/C F/C '
Outdoor merchandising or storage (except as allowed by Section 1135 of N ;N ;N
the City Code) j
Parking A A iA
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 iA ;
Public utility, major C ;C C
Religious institutions N ,N P '
Restaurant, take-out only (Class IV) N C i P i
t
Restaurant, fast food/convenience food (Class III) or any restaurant with N 'N C ;
drive-up service
Restaurant, traditional or cafeteria (Class ll) N ;C `C
Restaurant, full service (Class I)3 N ;N ;C
Retail, general (single or multi-tenant)N 'P/C P/C
Schools, public or private N 'N }P
Service station N N C
Service station/convenience store N N C
Service or non-auto repair shop P/C P/C ;P/C
Tattoo shops N ;N 'C
Taxi or limousine service N N 'P
Theater, movie or live entertainment N N 'C
Veterinary clinic N N P ;
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 i MU- ;MU- j MU-R
N C ;
Residential
Townhome development P 'N ;N i
Multifamily dwellings (min. 3 units) P P 3 P
i(but see 537.07 ;
Subd. 2a)
Live-work units P "P ;N
Assisted living facilities, nursing, rest homes P ;P i N
Other
W _ ._
Adult businesses N P I P
Animal kennels C :C ;C
Assembly and manufacturing accessory and N ;A ;A
subordinate to retail use
Auto 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
I
A..
i
Auto sales N ;N C
Glinics A* 'P :P
Convenience store P* ,P j P
Day care facilities P P P
Drive-up window or teller service N C ;C
Firearms related uses N !N !C
Funeral homes, mortuaries N ;P N
Governmental buildings A P ;A
Health or athletic clubs, spas, yoga studios N P P
Hotel or motel (6 or more units) N 'P ;P F
Hospitals N N P
Libraries, public P {P a N
Marijuana (medical) dispensaries N N N
Marijuana (recreational) sales outlets N ;N !N
Offices I A P ;P
Parking A ;A ;A
Police sub-station P 'P i P
Public utilities A ;A ;A
Recreational facilities, noncommercial, principal use ;P ;P ;P
Religious institutions P ' P ':A
Restaurant, take-out only (Class IV) P P ;P
Restaurant, fast food/convenience food (Class III)N ;C ;C
Restaurant, traditional or cafeteria (Class II) P j P P
3
Restaurant, full service (Class I) N C P
Retail, neighborhood services P I P P
Retail, general services C :P ;P
Retail, regional services N j C ;P
Schools, public or private P 3 P C
Service station N P I,P
Service station/convenience store N ;P
3 __
Tattoo shops N !P ;P
i. ...__..._ .......... ... .. .. . ... .. .. .. ... ... .. ....._ _.. ...__._....,...«._.,........, .. ....... _.. '. . ...
Theaters, movie or live entertainment N i 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
Dr: Dr hih
nl: (lrrliri nno io ci e
N: Null or not Permitted
Land Use
Adult businesses P
Bottling operation P
Cold storage P '
Computer assembly P
W
Electric appliance manufacturing 3 P
Electronic components assembly P '
Food products manufacturing P
Laboratories for testing or research P
Living quarters for security personnel A
Lumber or building materials sales P
Marijuana production/processinq 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 P '
Telecommunication towers C '
Textile products manufacturing P
Wood products manufacturing P j
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 followinq
conditions are met:
The business operator shall secure all applicable licenses and
approvals from the City Coun State or other applicable iurisdictions
before the conditional use permit shall become effective;
b Such uses shall not be located 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; and
d 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.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Pos ible Medical Mari'uana Distribution Sites in Richfield
CROSSTOWN HWY
62nd _- -_ --_ - _- _
I' --~
1
63rd - -- ----
I'-I-'`
J r =
I
64th -- _ o"-.'
c,V .. - ---i `- - - - -
I I
I rr = _ __ ---
V .
y
65th 2
r
Y= = -= -/ %- _
ss n -
6 h
y`\` ' -___
I _
J'
c
a- - -
68th
r
69th `
J .` _._ _ .
L
y'1- — .- 7otn — _
r--=— — — -
th„2 = = -
7'ISt =-- .--
I
i!--
H- I I
1 st V2 _ __-
72nd -- - -- -_
T - - - -
f .._ ---
i` r/ '
73th 1=_- - -------
f -_ -- - _ - _ _ -
y.-_.,
74th _-. __-. _ _._
Y- - -C.
J
c--
ti-'_,-,
75th -- ---- i- ..', -- - s '= ''.
ii T r- I., ' ,1
I- _ _
t-
r'
ti
76th - -__ ___.---- -'-
I
C1;_^ ..
i .i
nm ;; —_
sir, _—— '— -asa
I-494
Z H Z ( Z Z Z Z Z Z X c U' F H Z H X 2 J I- O Y S F
o o
X w O W
W W > U'
O W Z Z O Z ¢ U W Z Z F j Z
a Z
s O p . O F t t = t Z t L L
W (
fl U d
Q d J O Y Q M O C C }
L' W Q m W N P in Z Z O O V ` O c0 f N
x
z = W ° ° Z ° n W W ° m ° z a Q n o W z g a m a
v=i LL w ° ca7 = a z
a
z c~i> U
a =
W z
cWia
w
m Q Q
U
3 a
O
m N
Possible Medical Marijuana Distribution Sites o 0.25 0.5
Miles
Date: 2/9/2015 I:\GIS\Community Development\StafflPlanning Tech\Projects\Possible Medical Marijuana Distribution Sites.mxd
AGENDA SECTION: NEW BUSINESS
AGENDA ITEM # 3
PC LETTER# 7
CASE#
s... PLANNING COMMISSION STAFF REPORT
PC Mr TI G DATE: FrBRUARY 23, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Election of Planning Commission Chairperson, Vice-Chairperson and Secretary.
I.RECOMMCNDED ACTION:
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 RECOMMENDA"I ION
1. LCG L
An annual organizational meeting is required by the Planning Commission
Bylaws.
AGENDA SECTION: NEW BUSINESS
AGENDA ITEM # 4
PC LETTER # 8
CAS E #
PLANNING COMMISSION STAFF REPORT
PC M TING DAT: F BRUARY 23, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Appointment of liaisons to the Community Services Advisory Commission, City Council,
Housin and Redevelo ment Authorit , School Board and Trans ortation Committee.
I.RECOMMLNUED 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. BACI<GROUND
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 IVlonday 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#
PLANNING COMMISSION STAFF REPORT
PC M TING DAT: FrBRU RY 23, 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Review of Planning Commission Bylaws.
I>RECOMMCNDCD 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. BACI<GROUND
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
UF 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. Reqular Meetinqs
Regular meetings of the Planning Commission shall be on the fourkh Monday of
each month commencing at 7:00 P.M. in the Council Chambers of the City Hall.
Section 2. General Planninq 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 Meetinqs
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 Hearinq 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. Votin
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 inembers 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 Meetinq
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 Hearinq
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 shal 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 ciarify 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 t" VV IIIIIIJJIOII, ballotiny sha!! n±inue until onP mAYY1FIP_r YPreIVES
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 hofd 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
fol lows:
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 IlI. 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
AGI:NDn SLCTION: NGW[3USINGSS
AGGNDA I"I'LM# 6
PC Le rri;it# 10
Cnsr:#
PLANNING COMMISSION STAFF REPORT
DAT: F BRUARY 23, 2015
ITEM TOR 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 atterripts 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