072715 Packet (color)PLANNING COMMISSION
AGENDA
July 27, 2015
7:00 p.m.
Introductory Proceedings
Roll Call
Approval of Minutes: Regular Planning Commission meeting of June 22, 2015.
Opportunity for Citizens to Address the Commission on items not on the Agenda
New Business
Public Hearing
ITEM #1 15-IUP-02 Consider a request for an interim use permit for temporary
Honda employee parking at 7700 Pillsbury Avenue (the
portion of the former City garage site that is south of 77tH
Street).
ITEM #2 PC Letter#14 Consider amendments to the City's Zoning Ordinance. The
proposed ordinance would clarify regulations related to
accessory dwelling units
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: August 24, 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
June 22, 2015
MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Susan
Rosenberg, Gordon Vizecky, Charles Standfuss, Erin Vrieze
Daniels and Sean Hayford Oleary
MEMBERS ABSENT:Commissioner Dan Kitzberger
STAFF PRESENT: Melissa Poehlman, City Planner
Matt Brillhart, Planning Technician
Chris Regis, Finance Manager
Julie Urban, Housing Specialist
OTHERS PRESENT: Bill Buelow, Greater Metropolitan Housing Corporation
Chairperson Jabs called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
M/Vizecky, S/ Rosenberg to approve the minutes of the May 27, 2015 study session
and regular meeting.
Motion carried: 6-0.
OPEN FORUM
No members of the public spoke.
NEW BUSINESS
ITEM #1
PC Letter#13 — Consideration of the 2017-2020 Capital Improvement Plan and a
finding of consistency with the Comprehensive Plan of the Capital Improvement
Program and the 2016 Capital Improvement Budget.
Finance Manager Chris Regis gave a brief presentation of the 2016 CIB and 2017 CIP.
M/Vizecky, S/Rosenberg to recommend approval of the 2017-2020 Capital
Improvement Program and approve a resolution finding that the 2016 Capital
Improvement Budget and 2017-2020 Capital Improvement Program are consistent with
the Comprehensive Plan.
Motion carried: 6-0
June 22, 2015
PUBLIC HEARING(S)
ITEM #2
15-CUP-03, 15-VAR-02 — Consider a request for a Conditional Use Permit and
Variance to allow construction of a cluster housing development consisting of
five townhomes at 2517 —
76th Street West.
City Planner Melissa Poehlman presented the staff report.
Bill Buelow briefly described the townhome proposal.
In response to a question from Commissioner Standfuss, Mr. Buelow stated that the
listing price for these units would be approximately $280,000.
In response to a question from Commissioner Hayford Oleary, Poehlman stated that the
watershed district was requiring that all water be retained on site and that the proposal
complied with maximum impervious surface regulations.
M/Rosenberg, S/Vizecky to close the public hearing.
Motion carried: 6-0
Commissioner Hayford Oleary stated concerns with the amount of street frontage taken
up by garages and driveways.
M/Rosenberg, S/Vizecky to recommend approval of the Conditional Use Permit and
Variance.
Motion carried: 5-1 (Hayford Oleary dissenting)
OLD BUSINESS
None.
LIAISON REPORTS
Community Services Advisory Commission: No report
City Council: Commissioner Rosenberg
HRA: Commissioner Vrieze Daniels
Richfield School Board: No report
Transportation Commission: Commissioner Hayford Oleary
Chamber of Commerce: No report
2
June 22, 2015
CITY PLANNER'S REPORT
Poehlman noted that a joint worksession with the City Council would be held before the
regular Planning Commission meeting on July 27.
ADJOURNMENT
M/Vizecky, S/Standfuss to adjourn the meeting.
Motion carried: 5-0
The meeting was adjourned by unanimous consent at 7:28 p.m.
Gordon Vizecky
Secretary
3
AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 1
REPORT#
CASE# 15-IUP-02
PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: JULY 279 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Public hearing to consider a request for an interim use permit to allow Richfield Bloomington IHondatouseCity-owned property at 7700 Pillsbury Avenue for employee parking.
I.RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Recommend
approval of a three-year interim use permit for off-site employee
parking at 7700 Pillsbury Avenue.
II. BACKGROUND
Richfield Bloomington Honda ("Honda") is currently constructing a new building on their
dealership campus, as approved by the City Council in 2013. Honda plans a phased
expansion, including a parking structure to be built by 2020. Site constraints continue to
require parking employee vehicles off-site while construction is underway. Honda is
proposing to continue leasing the City-owned property at 7700 Pillsbury Avenue for
temporary use as an employee parking lot, as they have been doing since August 2013.
This property is zoned Mixed-Use Neighborhood (MU-N) and parking as a standalone
use is not permitted; therefore an interim use permit (IUP) is required to allow this
nonconforming use. Honda's previous interim use permit expired in March 2015. They
have applied for a new five-year interim use permit (the maximum length allowed). Staff
is recommending approval of a three-year interim use permit.
III. BASIS OF RECOMMENDATION
A. POLICY
The purpose of an interim use permit is to allow a use that may not be compatible
with the Comprehensive Plan to operate for a limited period of time. Interim use
permits are designed to allow a use that is presently acceptable, but that with
anticipated development, will not be acceptable in the future.
The Council may waive ordinance provisions upon a finding that the temporary
nature of the interim use will eliminate the adverse effects the provisions were
intended to prevent. The Council must find that the temporary nature of this permit
makes the nonconforming use permissible at this time.
In evaluating a request for an interim use permit, the Planning Commission and City
Council shall also consider its compliance with the criteria outlined in Subsection
547.15 of the City Code and further articulated in the attached document.
Staff recommends approval of a three-year interim use permit, with no extension
options. The interim use permit would run from August 11, 2015 through July 31,
2018. In conjunction with the previous interim use permit, the term length would be
five years total.
By Ordinance, interim use permits terminate upon the occurrence of any of the
following events, whichever first occurs:
a) The date or event stated in the permit; or
b) Upon violation of conditions under which the permit was issued.
B. CRITICAL ISSUES
Honda is expanding their dealership campus. Due to space constraints, Honda
requires off-site space for employee parking while construction is underway.
7700 Pillsbury Avenue is City-owned property and is the portion of the former City
Garage site that lies south of 77th Street. No redevelopment plans are proposed for
the property at this time. Should land use approvals be granted for a code compliant
use, the City would be able to terminate the interim use permit and lease at that
time.
The lot is to be used for employee parking only. No parking of inventory vehicles or
customer vehicles shall be permitted at any time. A maximum of 77 vehicles shall
be stored on site and no vehicles shall be parked or stored on grass buffer areas.
Approval of an interim use permit would be conditioned upon paving and striping the
remaining parking area as indicated on the attached site plan, performing patch
repair as necessary and regularly clearing the lot of any debris.
In order to approve the interim use permit, the Council must find that the temporary
nature of the permit warrants waiving certain provisions of the Zoning Code,
specifically, the prohibition of parking as a standalone use.
C. FINANCIAL
Honda is proposing to continue leasing the property at 7700 Pillsbury Avenue from
the City. Lease terms will be considered by the City Council on August 11, 2015.
The required application processing fee has been paid.
D. LEGAL
Notification: Notice of this public hearing was published in the Sun Current in
accordance with State and Local Requirements. Properties (including individual
apartments) within 350 feet were notified by mail.
Council consideration is scheduled for August 11, 2015.
IV. ALTERNATIVE RECOMMENDATION(S)
Recommend approval of an interim use permit for a different length of time (up to
five years maximum).
Recommend approval of an interim use permit with additional conditions.
Recommend denial with a finding that the requirements necessary to issue an
interim use permit are not met.
V. ATTACHMENTS
Resolution
Interim use permit requirements
Consent Agreement
Site plan; Planning & Zoning maps
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
Richfield Bloomington Honda Representative — Tim Carter
RESOLUTION NO.
RESOLUTION APPROVING AN
INTERIM USE PERMIT
TO ALLOW A STANDALONE PARKING FACILITY
BY RICHFIELD BLOOMINGTON HONDA
AT 7700 PILLSBURY AVENUE
WHEREAS, the City of Richfield (the City) adopted a Comprehensive Plan in 2009 to
guide the development of the community; and
WHEREAS, the City has adopted a Zoning Ordinance or other official controls to assist
in implementing the Comprehensive Plan; and
WHEREAS, an application has been filed with the City of Richfield which requests an
interim use permit to allow Richfield Bloomington Honda (the "Applicant") to conduct off-site
employee parking at 7700 Pillsbury Avenue; and
WHEREAS, the Property is zoned Mixed Use — Neighborhood (MU-N); and
WHEREAS, the requested interim use of the property is not permitted in the MU-N
District; and
WHEREAS, the City Council finds that the temporary nature of the proposed interim use
eliminates the adverse effects the prohibition was intended to prevent. Termination of the
permit in three years, or upon granting land use approvals for code-compliant redevelopment
plans, eliminates the detriment that a standalone parking facility will have on the area; and
WHEREAS, the Planning Commission held a public hearing on July 27, 2015 to review
the application for an interim use permit, following mailed and published notice as required by
law; and
WHEREAS, the City Council has reviewed all materials submitted by the Applicant;
considered the oral and written testimony offered by the applicant and all interested parties;
and has now concluded that the application is in compliance with all applicable standards and
can be considered for approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota, as follows:
1. The proposed interim use permit request meets all applicable conditions and restrictions
stated in Subsection 547.15 of the 2007 Zoning Ordinance.
2. An interim use permit for a standalone parking facility by Richfield Bloomington Honda
at 7700 Pillsbury Avenue, as described in City Council Staff Report No. is
approved with the following conditions:
a. That the interim Use Permit will expire on July 31, 2018, or upon violation of the
conditions under which the permit was issued, whichever occurs first.
b. That the City may terminate the interim use permit in the event that land use
approvals are granted for code-compliant redevelopment plans.
c. That the parking lot is to be used for employee parking only. No parking of
inventory vehicles or customer vehicles shall be permitted at any time.
d. That a maximum of 77 vehicles be stored on site.
e. That no vehicles be parked or stored on grass buffer areas.
f. That the parking area be fully paved, patched where necessary, and striped
accordingly, as shown on the approved site plan.
g. That the lot be regularly cleared of debris.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of August
2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Interim Use Permit Requirements
Subsection 547.15 Subd. 3.
a) The period of time for which the interim use permit is to be granted will
terminate before any adverse impacts are felt upon adjacent properties.
Staff recommends that the permit expire in three years. At that time, if
conditions continue to warrant, the Council may issue a new Interim Use
Permit to the applicant. It is not anticipated that employee parking will
adversely impact the community or this area within the duration of the
interim use permit.
b) The use will terminate upon a date or event that can be identified with
certainty. Interim use permits may not be granted for a period greater
than five (5) years. Staff recommends termination on July 31, 2018.
c) The use will not adversely impact the health, safety and welfare of the
community during the period of the interim use. It is not anticipated that
employee parking will adversely impact the community or this area within
the duration of the interim use permit.
d) The use is similar to existing uses in the area. Surface parking lots are a
common feature in the area, due to the proximity to Richfield Bloomington
Honda's main campus.
e) An interim use shall conform to zoning regulations except the City Council
may waive ordinance provisions upon a finding that the temporary nature
of the interim use will eliminate the adverse effects the provisions were
intended to prevent. The site is zoned Mixed-Use Neighborhood (MU-N)
and is currently vacant. The short-term nature of the permit will not
prevent future mixed-use redevelopment of the site.
f) There is adequate assurance that the property will be left in suitable
condition after the use is terminated. The property owner has signed a
consent agreement agreeing to this condition.
g) By agreement, the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future. N/A. The
property is owned by the City.
h) The property owner, by agreement, agrees to any conditions that the City
Council has deemed appropriate for permission of the use, including a
condition that the owner will provide an appropriate financial surety to
cover the cost of removing the interim use and interim structures upon the
expiration of the interim use permit. The applicant must comply with all
conditions of the interim use permit.
i) The property owner agrees to abide by any additional conditions that the
Council deems appropriate for permission of the use.
CONSENT AGREEMENT
WHEREAS, on November 13, 2007 the City Council of the City of Richfield adopted
Ordinance No. 2007-19,which establishes a framework for regulating temporary use of land
through the issuance of interim use permits; and
WHEREAS, Section 547.15 Subdivision 2 of this Ordinance requires an applicant for an
interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees
that the proposed interim use will not impose additional costs on the public if there is a future
need for public acquisition of the applicant's property through eminent domain,that the applicant
has no entitlement to future reapproval of the interim use permit and that the applicant will abide
by the conditions of approval that the City Council attaches to the interim use permit;
NOW, THEREFORE, &C4i ca) &0.)mtn hrs "DrJ-A , as applicant for
an interim use permit for OMp1-01 EG PkQ-tc-,,qat r170Q u ,
use of property) location)
agree as follows:
1.The applicant acknowledges that the proposed use is temporary and terminates
upon expiration of the interim use permit. The applicant has no legal or equitable right to future
reapproval of the interim use permit and must file a new application for that purpose.
2.The applicant will comply with all conditions imposed by the City Council on the
interim use permit.
3.This Consent Agreement shall be binding on any owner, operator, tenant and/or
user of the property for which the interim use permit has been granted and the applicant is
authorized to sign this Consent Agreement on behalf of said o er, operator,tenant and/or user
of the property.
DATED:q`"
App ant
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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AGENDA SECTION: PUBLIC HEARING
AGENDA ITEM# 2
REPORT# 14
CASE#
J PLANNING COMMISSION STAFF REPORT
PC MEETING DATE: JULY 279 2015
ITEM FOR PLANNING COMMISSION CONSIDERATION:
Public hearing to consider amendments to the City's Zoning Ordinance. The proposed
ordinance would clarify regulations related to accessory dwelling units.
I.RECOMMENDED ACTION:
Conduct and close a public hearing and by motion: Recommend approval
of the attached ordinance amending the Richfield City Code to clarify
regulations related to accessory dwelling units.
II. BACKGROUND
On March 24 th
of this year, the City Council approved regulations to allow accessory
dwelling units in the R (Single-Family) and R-1 (Low-Density Single-Family) Residential
Districts. The summary of proposed regulations that was presented to the Planning
Commission and City Council included the following statement:
Units may be internal to primary structure, attached to primary
structure or detached (in an accessory garage structure)."
The intent of the regulations was to allow detached accessory dwelling units only as a
part of a detached garage, as opposed to a stand-alone additional structure on the lot.
This limitation, as well as some of the other adopted regulations, is intended to limit the
potential for recreational vehicles or other similar structures (shipping containers) to be
used as permanent living space. The regulations that were adopted are intended to
allow accessory dwelling units in a way that blends in with the single-family character of
the neighborhood; properties with accessory dwelling units would be largely
indistinguishable from those without. The language requiring that detached accessory
units be a component of a detached garage was inadvertently left out of the actual text
of the ordinance. The proposed amendment corrects this.
III. BASIS OF RECOMMENDATION
A. POLICY
The existing accessory non-garage structure regulations were not changed as a part of
the previous ordinance revision, because it was not the intent of the accessory dwelling
unit regulations to allow stand-alone units. While it would be next to impossible to
construct a stand-alone ADU under the non-garage structure limitations, it is not
explicitly clear that they are prohibited. Staff believes that the proposed amendment will
help to avoid confusion for residents interested in an ADU.
Summary of Accessory Dwelling Unit (ADU) Regulations:
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.
B. CRITICAL ISSUES
As written, the ordinance does not make it clear that detached accessory
dwelling units must be a part of a detached accessory garage, as was
intended and presented to the community and policy makers.
C. FINANCIAL
N/A
D. LEGAL
Notice of this public hearing was published in the Sun Current in accordance
with State and Local requirements.
Other Actions:
Council: The recommendation of the Planning Commission will go to the
City Council for two readings. If the City Council adopts the
recommended changes, they will take effect the day following publication
in the Sun Current newspaper.
IV. ALTERNATIVE RECOMMENDATION(S)
Recommend approval of the proposed ordinance with additional changes.
Recommend denial of the proposed ordinance.
V. ATTACHMENTS
Ordinance
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
N/A
BILL NO.
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO
CLARIFY REGULATIONS RELATED TO ACCESSORY DWELLING UNITS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 514.05, Subdivision 8 of the Richfield City Code relating to
allowable accessory uses in the R District is amended to read as follows:
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;
b) No more than one accessory dwelling unit shall be allowed on a lot;
c) The lot must meet current minimum width and depth requirements;
d) The creation of an accessory dwelling unit shall not create a separate
tax parcel;
e) An owner of the property must occupy at least one dwelling unit on the
lot as their primary place of residence. Proof of homesteading shall be
required and variances from this provision shall not be considered;
f) A rental license for the non-owner-occupied unit shall be required in
accordance with Section 407 of the City Code;
g) Accessory dwelling units must have a minimum area of 300 square
feet and cannot exceed 800 square feet or the gross floor area of the
principal dwelling, whichever is less;
h) Principal dwelling units must continue to meet minimum floor area
requirements or not increase the degree of nonconformity in this
matter;
i) 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;
j) The creation of an attached or internal accessory dwelling unit shall not
result in the creation of additional entrances facing the public street on
the primary structure;
k) Exterior stairways leading to an upper story accessory dwelling unit
shall be allowed so long as the staircase and railing are not
constructed with raw or unfinished lumber;
1) Detached accessory dwelling units are permitted only as a part of an
approved accessory garage structure.
Im)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
mn)A minimum of three off-street parking spaces is required in order to
add an accessory dwelling unit of any kind.
Section 2 Subsection 518.05, Subdivision 8 of the Richfield City Code relating to
allowable accessory uses in the R-1 District is amended to read as
follows:
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;
b) No more than one accessory dwelling unit shall be allowed on a lot;
c) The lot must meet current minimum width and depth requirements;
d) The creation of an accessory dwelling unit shall not create a separate
tax parcel;
e) An owner of the property must occupy at least one dwelling unit on the
lot as their primary place of residence. Proof of homesteading shall be
required and variances from this provision shall not be considered;
f) A rental license for the non-owner-occupied unit shall be required in
accordance with Section 407 of the City Code;
g) Accessory dwelling units must have a minimum area of 300 square
feet and cannot exceed 800 square feet or the gross floor area of the
principal dwelling, whichever is less;
h) Principal dwelling units must continue to meet minimum floor area
requirements or not increase the degree of nonconformity in this
matter;
i) 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;
j) The creation of an attached or internal accessory dwelling unit shall not
result in the creation of additional entrances facing the public street on
the primary structure;
k) Exterior stairways leading to an upper story accessory dwelling unit
shall be allowed so long as the staircase and railing are not
constructed with raw or unfinished lumber;
1) Detached accessory dwelling units are permitted only as a part of an
approved accessory garage structure.
Im)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
mn)A minimum of three off-street parking spaces is required in order to
add an accessory dwelling unit of any kind.
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