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092815 PacketPlanning Commission f r Agendag September 28, 2015 7:00 p.m. Introductory Proceedings Roll Call Approval of Minutes: Approve minutes of regular meeting of July 27, 2015. Opportunity for Citizens to Address the Commission on items not on the Agenda Public Hearing ITEM #1 15-SP-03 & Consider land use application(s) related to a building addition 15-VAR-03 and a change to a low-intensity office space at 7532 Lyndale Avenue ITEM #2 PC Letter#15 Ordinance amendment to the Richfield City Code to allow Micro-Production Facilities and Taprooms/Cocktail Rooms in Commercial and Mixed-use Zoning Districts ITEM #3 PC Letter#16 Continue hearing to consider land use application(s), Conditional Use Permit and Variances for 6600 Portland Avenue to the October 26, 2015 meeting. New Business 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: October 26, 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". r Planning Commission Minutes July 27, 2015 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Susan Rosenberg, Dan Kitzberger, Erin Vrieze Daniels and Sean Hayford Oleary MEMBERS ABSENT:Commissioners Gordon Vizecky and Charles Standfuss STAFF PRESENT: Melissa Poehlman, City Planner Matt Brillhart, Planning Technician OTHERS PRESENT: Tim Carter, Richfield Bloomington Honda Chairperson Jabs called the meeting to order at 7:00 p.m. Commissioner Vrieze Daniels was appointed to serve as Acting Secretary. APPROVAL OF MINUTES M/Rosenberg, S/Vrieze Daniels to approve the minutes of the June 22, 2015 meeting. Motion carried: 5-0. OPEN FORUM No members of the public spoke. PUBLIC HEARING(S) ITEM #1 15-IUP-02 — Consider a request for an interim use permit for temporary Honda employee parking at 7700 Pillsbury Avenue. Planning Technician Matt Brillhart presented the staff report. In response to a question from Commissioner Vrieze Daniels, Brillhart stated that Honda would be responsible for snow removal and other basic maintenance of the property. Tim Carter of Richfield Bloomington Honda gave a brief update on the progress of Honda's expansion. He stated that they were searching for alternative parking locations. In response to questions from Commissioner Hayford Oleary, Brillhart stated that the City would be able terminate the interim use permit and lease early if land use July 27, 2015 approvals were granted for redevelopment of the property. At the conclusion of the interim use permit and lease, Honda would turn over the property to the City "as-is." M/Rosenberg, S/Kitzberger to close the public hearing. Motion carried: 5-0 M/Rosenberg, S/Hayford Oleary to recommend approval of a three-year interim use permit. Motion carried: 5-0 ITEM #2 PC Letter#14 — Consider amendments to the City's Zoning Ordinance. The proposed ordinance would clarify regulations related to accessory dwelling units. City Planner Melissa Poehlman presented the staff report. In response to a question from Chair Jabs, Poehlman stated that staff had received several inquiries, but no building permits yet for accessory dwelling units. In response to a question from Commissioner Hayford Oleary, Poehlman stated that prohibiting portable units or trailers was not the only concern for this ordinance clarification. The ADU ordinance was never intended to allow three structures on a lot. M/Rosenberg, S/Vrieze Daniels to close the public hearing. Motion carried: 5-0 Commissioner Vrieze Daniels stated that the option of allowing "tiny houses" as detached units could be discussed in the future. M/Rosenberg, S/Vrieze Daniels to recommend approval of the ordinance amendment. Motion carried: 5-0 NEW BUSINESS None. OLD BUSINESS None. LIAISON REPORTS 2 July 27, 2015 Community Services Advisory Commission: No report City Council: No report HRA: Commissioner Vrieze Daniels Richfield School Board: No report Transportation Commission: Commissioner Hayford Oleary Chamber of Commerce: No report CITY PLANNER'S REPORT Poehlman noted that a joint worksession with the City Council would be held before the City Council meeting on August 11 to discuss senior housing proposals. Commissioner Rosenberg inquired about the status of the Lennar multi-family project on the Richfield-Edina border, stating that the lack of progress was an eyesore for Richfield residents on Xerxes. ADJOURNMENT M/Rosenberg, S/Vrieze Daniels to adjourn the meeting. Motion carried: 5-0 The meeting was adjourned by unanimous consent at 7:24 p.m. Erin Vrieze Daniels Acting Secretary 3 AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 1 REPORT# CASE# 15-SP-03& 15-VAR-03 PLANNING COMMISSION STAFF REPORT PC MEETING DATE: SEPTEMBER 28, 2015 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider a request for Site Plan Approval and Variances to allow demolition an addition to the building and conversion of the space into private studio space. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of a site plan for construction of a building addition and variances at 7532 Lyndale Avenue. II. BACKGROUND The building at 7532 Lyndale Avenue has been vacant since 2013. Previous occupant Ellis Drum Shop occupied the building until 2013. There's very little documentation regarding use of this building over the years, but it appears to have been used for a variety of low-intensity commercial service businesses. The building was constructed in 1957 and occupies a majority of the site (nearly 60%). Construction of the building was approved with only 5 parking stalls. Like a number of the City's aging commercial buildings, these details make reuse difficult. Mr. Travis Penrod has purchased the building in the hopes of constructing private music studio space for himself and his band. The building would also serve as private studio space for painting and other creative arts. Mr. Penrod's plans include construction of a second story, full reconstruction of the interior space, and improvements to the building fagade and landscaping. Because the building has been vacant for over one year, all legally nonconforming status has expired. In order to reuse this building in any fashion, a number of variances will be necessary. In order to fully comply with current codes, this building would have to be torn down and the lot combined with an adjacent property. Barrett Lawn Care was recently approved to construct an addition to their building on the site immediately to the north of this one, which further limits the possibility of site assembly and complete redevelopment. Given this difficulty, the proposed use is reasonable and offers a significant improvement to site and the physical building. Staff is recommending approval of the proposed site plan and required variances. III. BASIS OF RECOMMENDATION A. POLICY The General Business (C-2) District allows for a wide variety of retail and service businesses. Site plan approval is required prior to the construction or alternation of any building in the City. General Requirements The proposed building addition and site improvements will allow for reuse and aesthetic improvements to a very difficult site. A number of variances are necessary to reuse the building; however, staff finds that all of the variances are reasonable given the particulars of the site and the proposed use. Studio space is considered office space in terms of Code requirements. Variances Requested: Required (R), Proposed (P) Minimum lot width (R: 75 ft.; P: 40 ft.) o The applicant did not create this situation and site assembly is required to avoid the necessity of this variance. Minimum lot area (R: 9,000 sq. ft.; P: 5,440 sq. ft.) o The applicant did not create this situation and site assembly is required to avoid the necessity of this variance. Maximum imperious surface (R: 85%; P: 98%) o The existing site is 100% impervious. The applicant has added landscaping and screening in all areas in which it is possible. Minimum parking setback (R: 5 ft.; P: 0-2.5 ft.) o Parking cannot be accommodated on this site without setback variances. Vehicle access door setback (R: 20 ft.; P: 15.5 ft.) o The vehicle access door will be over 18 feet from the traveled portion of the alley. The Public Works Department has reviewed the proposal and given the fact that this door will be used infrequently, does not have an issue with its location. Off-Street Parking (R: 14 stalls; P: 7 stalls) o Code requires 14 parking spaces for a 4,071 sq.ft. office. Although office" requirements apply, the particular use of this space as band practice space that will need to accommodate only 4-5 persons make reduced parking reasonable. The proposal includes 7 parking stalls. In addition, the proposal will allow for added parking lot screening and landscaping along both Lyndale Avenue and the southern boundary of the site. Future use of this parcel will continue to be limited to very low intensity uses. Pedestrian connection from sidewalk (P: None) o Parking cannot be accommodated in front of the building if a pedestrian walkway is added. Given the low volume of traffic that is anticipated at this building and the fact that any future use will also need to be low in terms of intensity, it is reasonable to assume that pedestrians could safely access the site without a designated walkway. Additional information related to the requested variances and required findings can be found in the attached document. Noise Requirements of Section 930 related to noise will apply. Significant work has gone into designing a space that will provide the acoustical characteristics needed for this use and that will prevent noise from escaping the building envelope. General Criteria for Site Plan Evaluation In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with the following criteria which are discussed more fully in the attached requirements document: Consistency with the various elements and objectives of the City's Comprehensive Plan Consistency with the purposes of the City Code. Consistency and harmony with the general appearance of neighboring developed areas and open spaces. An internal sense of order and provision of a desirable environment. Appropriateness of the amount and arrangement of open space and landscaping, the building materials, textures and colors. Adequacy of circulation and parking for all modes of transport. Use of energy-conserving design. Protection of adjacent and neighboring properties from negative environmental impacts. Staff finds the identified criteria to be met. B. CRITICAL ISSUES None C. FINANCIAL 0 The required application 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 within 350 feet were notified by mail. Council consideration is scheduled for October 13, 2015 IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposal with modifications. Recommend denial with a finding that the proposed use does not meet requirements V. ATTACHMENTS Resolution Requirements document Proposed plans Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING Travis Penrod — owner RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN AND VARIANCES AT 7532 LYNDALE AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plans for a low-intensity office/private music studio on the parcel of land located at 7532 Lyndale Avenue (the "Property"), legally described as: LOT 11, BLOCK 25, IRWIN SHORES, HENNEPIN COUNTY, MINNESOTA WHEREAS, the proposed site plan is for a lot that is 40 feet wide and 5,440 square feet in area; and WHEREAS, the City Code requires a minimum lot width of 75 feet and a minimum area of 9,000 square feet in the General Business (C-2) District; and WHEREAS, the proposed site plan is 98 percent impervious; and WHEREAS, the City Code allows a maximum of 85 percent impervious surface in the General Business (C-2) District; and WHEREAS, the proposed site plan allows for parking setbacks of 0 — 2.5 feet; and WHEREAS, the City Code requires a minimum setback of 5 feet in the General Business (C-2) District; and WHEREAS, the proposed site plan includes a vehicle access door that is located 15.5 feet from the rear property line; and WHEREAS, the City Code requires a minimum setback of 20 feet for rear-facing vehicle access doors; and WHEREAS, the proposed site plan includes space for the parking of 7 vehicles; and WHEREAS, the City Code requires a minimum 14 stalls for a 4,071 square foot office; and WHEREAS, the proposed site plan does not include a separated pedestrian connection from the public sidewalk to the main entrance; and WHEREAS, the City Code requires a separated pedestrian access; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause "practical difficulty" to the owners of the property under consideration; and WHEREAS, based on the findings below, the Richfield City Council approves the requested variances from Richfield City Code Subsections 534.11, Subd.1; 534.11, Subd. 4; 544.13, Subd. 6; and 544.15, Subd. 3; and WHEREAS, the City has fully considered the request for approval for the site plan; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council makes the following general findings: a. The Property is zoned General Business. b. Office use is permitted in the General Business District. C.The site and building are existing, but have been vacant for over one year. d.Reuse of this building on this site in any fashion will require variances. e. Code states that the minimum lot width in the General Business District is 75 feet. The existing lot is 40 feet wide. A variance from Subsection 534.11, Subd. 1 is required. f.Code states that the minimum lot area in the General Business District is 9,000 square feet. The existing lot is 5,440 square feet. A variance from Subsection 534.11, Subd. 1 is required. g. Code states that the maximum allowable impervious surface in the General Business District is 85 percent. The existing lot is 100 percent impervious. The proposal is for a site that will be 98 percent impervious. A variance from Subsection 534.11, Subd. 1 is required. h. Code states that the minimum setback for a vehicle access door adjacent to a rear lot line is 20 feet. The existing building is located 15.5 feet from the rear lot line. A variance from Subsection 534.11, Subd. 4 is required. i.Code states that the minimum required parking for a 4,071 square foot office is 14 spaces. The proposed site plan includes 7 parking stalls. A variance from Subsection 534.11, Subd. 1 is required. j.Code states that a separated pedestrian connection from the public right-of-way to the building is required. The proposed site plan does not include a separated pedestrian connection. A variance from Subsection 544.15, Subd. 3 is required. 2. With respect to the application for variances from the above-listed requirements, the City Council makes the following findings: a. Strict enforcement of the Richfield Zoning Code Subsections listed above would cause a practical difficulty. The existing property cannot be used in any fashion without a number of the requested variances; only site assembly could alleviate all issues. The proposed use can be adequately accommodated in the manner indicated on the proposed site plan. b.Unique circumstances affect the Property that were not created by the land owner. The existing lot was created and building constructed prior to the adoption of current Codes. The site was developed for another exceptionally low-volume use (service and repair) with one employee. These circumstances were created by the land owner. C.Granting the requested variances will not alter the essential character of the neighborhood. The requested variances will allow the reuse and improvement of a building that has been vacant for a long period of time. The improvements proposed will benefit the surrounding neighborhood. d. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances are the minimum necessary to reuse this property. e. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the comprehensive plan. The proposed variance will allow reuse and improvement of a building on a significantly constrained site. 3. With respect to the proposed site plan, the City Council finds that it will adequately serve the purpose for which it is proposed and will not have adverse effect upon the public safety or general welfare. 4.Based upon the above findings, variances to the above-specified requirements are hereby approved. 5.Based upon the above findings and variances, the proposed site plan is hereby approved according to the terms of Richfield City Code Subsection 547.13 with the following additional stipulations: a) All parking stalls must be accessible year-round. b) A final landscape plan including all material and plant selections must be submitted for approval by Community Development and Public Works staff. c) The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated September 10, 2015, and compliance with all other City and State regulations. Permits are required prior to commencement of any work; d) That the recipient of this approval record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 547.11, Subd. 7. Proof of recording is required prior to the issuance of a building permit; e) Prior to the issuance of an occupancy permit, the applicant shall submit a surety equal to 125% of the value of any improvements (based on two bids including labor cost) not yet complete. f) This approval shall expire one year from the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this _ day of 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Part 1 - Site Plan Approval (Subsection 547.13) In evaluating a site plan, the Planning Commission and Council shall consider its compliance with the following: a) Consistency with the various elements and objectives of the City's long range plans including, but not limited to, the Comprehensive Plan. The proposed use of the property for private office/studio space is not inconsistent with the guiding Community Commercial designation. The designation of the property will remain commercial, despite the somewhat atypical use of the property and could continue to be used for low-intensity business in the future. Further, the Comprehensive Plan identifies a number of goals and policies related to reuse of existing buildings and replacement of deteriorating single-story buildings in this corridor with multi-story buildings. The proposal is consistent with these goals and policies. b) Consistency with the purposes of the Zoning Code. The purposes of the Zoning Code include: assisting in the implementation of the Comprehensive Plan; creating harmonious and workable relationships among land uses; enhancing and protecting the physical appearance of the City and more. The proposal is consistent with these purposes of the Zoning Code. c) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. The site is already fully developed and is 100 percent impervious. The proposed building and site have been designed so as to compliment and improve the surrounding area. d) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. The proposed building addition and redesign are complimentary to the approved building on the property to the north and the investment taking place along this block. The site design and landscaping offers significant improvement along one of the City's major roadways. e) Creation of a functional and harmonious design for structures and site features including: i. Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ii.Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; iii. Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and iv. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. This site is significantly constrained; however, the proposal will provide safe and adequate space for the low-intensity use that is proposed. This site will likely never be able to accommodate a business or use with high customer traffic or turnover. f) Creation of an energy-conserving design through design location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. The proposal will decrease overall impervious surface through the landscaping provided along the front parking lot edges and in the boulevard area. g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. Adequate provisions are in place to protect neighboring land uses from substantial effects. A significant amount of work has gone into designing a building that will not let sound produced inside the building escape and create a nuisance to neighbors. Part 2 -Variances: A number of variances are required in order to reuse this building in any manner. The property has been vacant for over one year and all legally nonconforming status has expired; this includes minimum lot size and width requirements. The only possible way to eliminate the need for variances would be to purchase and combine the property with an adjacent lot. The following variances are requested: Subsection 534.11, Subd. 1: Minimum lot width - 75 feet (proposed 40 feet) Minimum lot area - 9,000 sq.ft. (proposed 5,440 sq.ft.) Maximum impervious surface — 85 % (proposed 98%) Minimum parking setback adjacent to commercial - 5 ft. (proposed 0-2.5 ft.) Subsection 534.11, Subd. 4 — Minimum vehicle access door setback — 20 ft. proposed 15.5 ft.) Subsection 544.13, Subd. 6 — Required off-street parking for office use is 14 stalls (proposed 7 stalls) Subsection 544.15, Subd. 3 — Pedestrian connection from sidewalk to entry required (proposed none) The findings necessary to approve variances are as follows (Subsection. 547.11): a) There are "practical difficulties"that prevent the property owner from using the property in a reasonable manner. It is reasonable to allow the reuse of an existing building on an existing lot. It would be unreasonable to require the assembly of parcels when the applicant is proposing a use that can reasonably use and improve upon a small, constrained site. The applicant's proposal includes improvements where possible and will improve the site overall. The new vehicle access door will be over 18 feet from the traveled portion of the alley and the proposed parking has been maximized. The particulars of this use and the extreme low-intensity of this use, make these requests reasonable. With no outside customers and adequate parking for this use, a pedestrian connection is not necessary, nor is it possible to add. b) There are usual or unique circumstances that apply to the property which were not created by the applicant and do not apply generally to other properties in the same zone or vicinity. This lot was created prior to existing codes that dictate the minimum size and width required for a commercial property. The building was constructed in 1957 for another exceptionally low-volume use (office and repair of unknown type with one employee). The applicant did not create this situation, but rather has proposed a scenario that offers reuse of a difficult property and improvements that will be apparent to the community. There are relatively few properties that are this constrained in the City. c) The variance would not alter the character of the neighborhood or the locality. The proposed variances make sense for this particular low-intensity use. The variances will not alter or negatively impact the neighborhood; the site improvements will enhance the area and complement the investment that other business owners are making on this block. d) The variance is the minimum necessary to alleviate the practical difficulty. The proposed variances are the minimum necessary to reuse this property. e) The variance is in harmony with the general purpose and intent of the ordinance and consistent with the Comprehensive Plan. The proposed plans are consistent with the general purposes and intents of the Zoning Ordinance and Comprehensive Plan as discussed further in Part 1 of this document. F I i L4 j n 3 r i Sfi 1 j 4429-0WMIS)!XVA 4409-Ofi9(ZS6)3NOHd S 9 NO Ys aro..ain uo awe 1092 LM9 NM 1n 18 OZL S'Z4 as u x 00SZ Q027H'7d MFN.L! 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L Ec ww o(D N M y LL Ln LO N U of U d d AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 2 REPORT# 15 CASE# PLANNING COMMISSION STAFF REPORT PC MEETING DATE: SEPTEMBER 28, 2015 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider amendments to the City's Zoning Ordinance. The proposed ordinance would allow the conditionally permit micro-breweries, micro-distilleries and associated taprooms/cocktail rooms in a number of commercial and mixed use districts. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached ordinance amending the Richfield City Code to conditionally permit micro-production facilities and associated taprooms/cocktail rooms. II. BACKGROUND With the State Legislature's approval of the "Surly Bill" allowing breweries to serve pints of their own beer on-site in 2011, micro-breweries and their associated "taprooms" have opened up in numerous locations throughout the metro area. Richfield staff has spoken with three parties who have expressed interest in opening a taproom within the City. Following a study session with the City Council and Planning Commission on July 27th, at which policy makers expressed enthusiastic support for allowing micro-breweries, taprooms and similar businesses, staff and the City Attorney have worked with consultant Addison Lewis of WSB & Associates to craft the attached ordinance. The proposed ordinance will conditionally allow micro-production facilities for both beer and distilled spirits in the General Business (C-2), Mixed Use — Community (MU-C) and Mixed Use — Regional (MU-R) Districts. Production capacity has been limited to 3,500 barrels of malt liquor and 40,000 gallons of distilled spirits respectively, per year for facilities that include a taproom/cocktail room. These limitations are similar to those that were adopted by St. Louis Park (Steel Toe Brewing) and Wayzata. Micro-production facilities that wish to operate without an accessory taproom/cocktail room have been limited to half of these amounts (1,750 barrels; 20,000 gallons) except in the Industrial Zoning District. State Law allows production of up to 250,000 barrels and communities have approved a variety of limits between 3,500 barrels and this cap. State Law limits the production of distilled spirits to 40,000 gallons and communities seem to have either deferred to this limit or prohibited micro-distilleries. The proposed ordinance will allow the sale of"growlers" and bottles of distilled spirits for off-premise consumption of products produced on-site. The proposed regulations include a stipulation that requires taprooms/cocktail rooms to either provide food on-site or to expressly allow patrons to bring in their own. Additional details and stipulations related to licensing, deliveries, odors, etc. can be found in the proposed ordinance attached to this report. 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 City Council and Planning Commission have expressed a desire to open up the community to these uses. Community Development, Licensing and Public Safety staff have worked together to craft the proposed ordinance. This ordinance will work in concert with revised licensing regulations. B. CRITICAL ISSUES a None C. FINANCIAL N/A D. LEGAL Notice of this public hearing was published in the Sun Current in accordance with State and Local requirements. Other Actions: Council: The recommendation of the Planning Commission will go to the City Council for two readings. If the City Council adopts the recommended changes, they will take effect the day following publication in the Sun Current newspaper. IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposed ordinance with additional changes. Recommend denial of the proposed ordinance. V. ATTACHMENTS Ordinance VI. PRINCIPAL PARTIES EXPECTED AT MEETING N/A BILL NO. AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO ALLOW MICRO-PRODUCTION FACILITIES AND TAPROOMS/COCKTAIL ROOMS IN COMMERCIAL AND MIXED-USE ZONING DISTRICTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 507.07 of the Richfield City Code is amended to add new definitions to read as follows and be inserted alphabetically, and by now renumbering all following subdivisions accordingly: Brewer." A person who manufactures malt liquor for sale. Brewpub." A brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in Minnesota Statute 340A.24, Subd. 2, or its successor. Cocktail Room. "An area for the on-sale consumption of distilled spirits produced at the distillery for consumption on the premises of the distillery or distillery-owned property adjacent to the distillery. A cocktail room may also include sale for off-premises consumption of distilled spirits produced at the distillery, subject to Minnesota Statute 340A.22, Subd. 4 or its successor. Growler." A specially designed 64 ounce or 750 ml beer container for exclusive off-sale of micro-brewery facility beer. A growler shall be packaged subject to Minnesota Statute 340A.285, or its successor. Malt Liquor." Any beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Micro-brewery." A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume, and which possesses the appropriate Federal, State, and Municipal licenses and which produces not more than 3,500 barrels of malt liquor in a calendar year. A micro-brewery may include a taproom. Micro-distillery." A facility that produces Ethyl Alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A distillery may include a cocktail room. Micro-production facility." A facility in which beer or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption. Micro-production facilities include breweries, brewpubs, and distilleries. Taproom (Brewery)." An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or brewery-owned property adjacent to the brewery. A taproom may also include sale for off-premises consumption of malt liquor produced at the brewery location or adjacent taproom and owned by the brewery for off- premises consumption, packaged subject to Minnesota Statute 340A.285, or its successor. Section 2 Subsection 512.07 of the Richfield City Code is amended to read as follows: 512.07. - Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011-19) P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use S- C-1 C-2 1 O Adult businesses N N P Animal kennels N N P/C Apartments within a commercial building A A/C Assembly, light manufacturing, warehouse N N Auction houses N N fPj Auto mechanical/body repair N N C Auto detailing N N Auto or boat sales N N [j Auto stereo installation service N N P Auto washes N N Barber or beauty shops I P/C I P/C P/C Bicycle stores I N I P/C P/C Bicycle repair shops P/C I P/C P/C Bowling alleys I N N Carpet or paint stores I N I P/C P/C Cemeteries N N C Convenience store N P Day care facilities C P Drug stores without drive-up facility I N I P/C P/C Drug stores with drive-up window N N C Emergency shelter I N I N C Enclosed storage A A A Fences, walls and hedges A A A Financial institutions without drive-up service I N I N P Financial institutions with drive-up service I N I N C Firearms related uses I N I N C Fortune telling N N P Funeral homes, mortuaries N N Furniture or appliance stores I N I P/C P/C Governmental buildings I P I P P Grocery stores IN P/C P/C Health club or studio, spa I N I P P Hospital or 24-hour urgent care P/C I P/C P/C Hotel or motel (6 or more units)I N I N C Junk yard I N I N Libraries, public P P Liquor store, municipal I N I N P Marijuana (medical) dispensaries N N C Marijuana (recreational) sales outlets N N N Micro-production facility (micro-brewery/micro-distillery) N N Nursing home P P HN Office, single-tenant, professional, executive or business I P/C I P/C P/C Office, multi-tenant, professional, executive, or business I P/C I P/C P/C F utdoor merchandising or storage (except as allowed by Section 1135 of N N N e City Code) Parking A A A Pawn shops and second hand goods dealers licensed under Section N N C 1186 or 1187 of the City Code Public utility, minor I A A A Public utility, major C C Religious institutions N N P Restaurant, take-out only (Class IV) N C P Restaurant, fast food/convenience food (Class III) or any restaurant with N N C drive-up service Restaurant, traditional or cafeteria (Class 11) 1 N C C Restaurant, full service (Class 1) 1 N I N Retail, general (single or multi-tenant) I N I P/C P/C Schools, public or private N N P Service station N N Service station/convenience store N N Service or non-auto repair shop P/C I P/C P/C aprToom / Cocktail Room N N A/C Tattoo shops I N I N Taxi or limousine service N N f__] Theater, movie or live entertainment N N C Veterinary clinic N N P Section 3 Subsection 512.09 of the Richfield Code is amended to read as follows: 512.09. - Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use MU- MU- M N C Residential Townhome development P N N Multifamily dwellings (min. 3 units) P P P but see 537.07 Subd. 2a) Live-work units P I P I N Assisted living facilities, nursing, rest homes P P N Other IAdult businesses N P P IAnimal kennels C C C Assembly and manufacturing accessory and N A A subordinate to retail use IAuto mechanical/body repair N C C IAuto detailing N C C Auto rental facilities as an accessory to primary office N A A or hotel use Auto sales N I N I C IClinics A* I P I P Convenience store P. I P I P Day care facilities P I P I P Drive-up window or teller service N I C I C Firearms related uses N I N I C Funeral homes, mortuaries N I P I N Governmental buildings A I P A Health or athletic clubs, spas, yoga studios N P P Hotel or motel (6 or more units) N P P Hospitals N N P Libraries, public P P N Marijuana (medical) dispensaries N N N Marijuana (recreational) sales outlets N N N Micro-production facility (micro-brewery/micro- N C C distille Offices A I P P Parking A A A Police sub-station P I P I P Public utilities A A A Recreational facilities, noncommercial, principal use P I P I P Religious institutions P I P A Restaurant, take-out only (Class IV) P P P Restaurant, fast food/convenience food (Class III)N C C Restaurant, traditional or cafeteria (Class II) P P P Restaurant, full service (Class 1) N C P Retail, neighborhood services P P P Retail, general services C P P Retail, regional services N C P Schools, public or private P P C Service station N I P I P Service station/convenience store N I P I P Taproom/Cocktail Room N A/C I A/C Tattoo shops N I P I P Theaters, movie or live entertainment N I N I P Transit facilities A I A I A Conditions apply; see section 537 for complete regulations. Section 4 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 N: Null or not Permitted Land Use Adult businesses P Bottling operation P Cold storage P Computer assembly P Electric appliance manufacturing 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 I P Marijuana production/processing I N Metal products manufacturing P Micro-production facility (micro-brewery/micro-distillery) P Paper products manufacturing I 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 I P Satellite dish antennas A Stone, clay or glass products manufacturing P Telecommunication towers C Textile products manufacturing P Wood products manufacturing P Section 5 Subsection 534.07 of the Richfield Code relating to conditional uses in the C-2 (General Business) District is amended by adding a new Subdivision 27 to read as follows: Subd. 27. Micro-production facilities provided that the following conditions are met: a) Licensing. The owner of the micro-production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro-production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); and/or a distiller's license from the State of Minnesota. b) Taproom/Cocktail Room Location. Micro-production facilities with an accessory taproom or cocktail room must be on a lot abutting an arterial or collector street. c) Taproom/Cocktail Room License. An accessory taproom or cocktail room for the sale of beer or spirits produced on-site shall require a taproom/cocktail room license from the City of Richfield in accordance with Section 1202 of the City Code. d) Taproom/Cocktail Room Operations. Taprooms/cocktail rooms must either make food available on-site or expressly allow patrons to carry in food. e) Off-sale. A micro-production facility may sell their product for off-sale consumption through their taproom or cocktail room. Any on-site sale of beer in the form of growlers shall require a Micro-brewery Off-sale License in accordance with Section 1202 of the City Code. f) Production of Beer. Annual production of malt liquor for a micro- brewery with an accessory taproom shall not exceed 3,500 barrels, and only 500 barrels may be sold off-sale as growlers. Production at micro-breweries without a taproom shall not exceed 1,750 barrels annually. g) Production of Spirits. Annual production of spirits for a micro-distillery with an accessory cocktail room shall not exceed 40,000 proof gallons annually. Production at micro-distilleries without a cocktail room shall not exceed 20,000 proof gallons annually. h) Off-street Loading. The micro-production facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted. i) Odors. No odors from the micro-production facility shall be perceptible beyond the property line. The micro-production facility operator shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards. j) Hours of Operation. Micro-production facility operation hours shall be limited to the hours specified in Minnesota Statutes Chapter 340A for off-sale intoxicating liquor unless further limited by the City Council as part of a Conditional Use Permit. Section 6 Subsection 537.03 of the Richfield Code relating to permitted, conditional and accessory uses in the Mixed Use Districts is amended as follows: 537.03. - Permitted Uses. Subdivision 1. The following table establishes permitted, conditionally permitted and accessory uses for the Mixed Use Districts: Table 1. Uses of the Mixed-Use District Note—The following abbreviations are used within the use table: P: Permitted A: Accessory C: Conditional N: Null or not Permitted Use MU-R MU-C MU-N COMMERCIAL Regional retail services P __ET N General retail services P P C Neighborhood retail services P P P Restaurant Class I (serving alcohol) P C N Restaurant Class 11 (traditional/cafeteria) P P P Restaurant Class III (fast food/convenience)C C N Restaurant Class IV (take out only) P P P Micro-production facility (micro-brewery/micro-distillery C C N Taproom/Cocktail room A/C A/C N Service Station/convenience store P P N Convenience store P P P Offices and clinics P P A Hotel/motel (defined as 6 or more rooms) P P N Mortuaries and funeral chapels N P N Health or athletic clubs, spas, yoga studios P P N Theaters, movie or live entertainment P N N Auto sales or lease -new vehicles C N N Auto mechanical or body repair shops C C N Auto detailing C C N I Auto rental facilities accessory to a primary office or A A N hotel use Assembly and manufacturing accessory and A A N subordinate to a retail use Drive-up window or teller service C C N Adult business establishments as defined and regulated P P N under Subsection 1196 of the City Code Tattoo shops P P N Firearms related uses C N N Licensed day care facilities P P P Animal kennels C C C RESIDENTIAL Dwelling, townhouse N N P T_ P Dwelling, multifamily (min. 3 units) P P but see 537.07, Subd. 2a) Live - work units N P P Assisted living facilities, nursing, rest homes N P P INSTITUTIONAL/PUBLIC Places of worship A P P Government offices A P A Police sub-station P P P Schools C P P Library N P P Parks P P P Hospitals P N N Transit facilities A A A Public utility A A A Subd. 2. Any land use not listed as Permitted, Accessory or Conditional in this section or Subsection 512.09 is prohibited in the Mixed-Use Districts unless the use is found to be substantially similar to a use listed, as determined by the City in accordance with Subsection 509.23 of this Code. Section 7 Subsection 537.05 of the Richfield Code relating to conditional uses in the Mixed Use (MU-C and MU-R) Districts is amended by adding a new Subdivision 13 to read as follows: Subd. 13. Micro-production facilities in the MU-C and MU-R Districts provided that the following conditions are met: a) Licensing. The owner of the micro-production facility qualifies for and receives all federal, state and city licenses necessary for the operation of the micro-production facility, including a brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity); and/or a distiller's license from the State of Minnesota. b) Taproom/Cocktail Room Location in MU-C District. Micro-production facilities with an accessory taproom or cocktail room in the Mixed Use Community District must be on a lot abutting an arterial or collector street. c) Taproom/Cocktail Room Operations. Taprooms/cocktail rooms must either make food available on-site or expressly allow patrons to carry in food. d) Taproom/Cocktail Room License. An accessory taproom or cocktail room for the sale of beer or spirits produced on-site shall require a taproom/cocktail room license from the City of Richfield in accordance with Section 1202 of the City Code. e) Off-sale. A micro-production facility may sell their product for off-sale consumption through their taproom or cocktail room. Any on-site sale of beer in the form of growlers shall require a Micro-brewery Off-sale License in accordance with Section 1202 of the City Code. f) Production of Beer. Annual production of malt liquor for a micro- brewery with an accessory taproom shall not exceed 3,500 barrels, and only 500 barrels may be sold off-sale as growlers. Production at micro-breweries without a taproom shall not exceed 1,750 barrels annually. g) Production of Spirits. Annual production of spirits for a micro-distillery with an accessory cocktail room shall not exceed 40,000 proof gallons annually. Production at micro-distilleries without a cocktail room shall not exceed 20,000 proof gallons annually. h) Off-street Loading. The micro-production facility shall provide adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right-of-ways, including regulating the number of trucks per day and the hours that deliveries are permitted. i) Odors. No odors from the micro-production facility shall be perceptible beyond the property line. The micro-production facility operator shall take appropriate measures to reduce or mitigate any odors generated from the operation and be in compliance with any applicable Minnesota Pollution Control Standards. j) Hours of Operation. Micro-production facility operation hours shall be limited to the hours specified in Minnesota Statutes Chapter 340A for off-sale intoxicating liquor unless further limited by the City Council as part of a Conditional Use Permit. Section 8 Subsection 544.13, Subdivision 6 of the Richfield City Code related to the number of off-street parking lots required for permitted and conditional uses is amended to read as follows: Subd. 6. Number of Off-Street Spaces Required. Off-street parking spaces shall be provided according to the following minimum standards. Parking for land uses not listed below shall be regulated according to the most similar use and/or authoritative sources as determined by the City Planner. Land Use Minimum Number of Off-Street Parking Spaces Required* COMMERCIAL USES Animal hospital 1 for every 200 square feet of gross floor area. Auto mechanical, body repair shop or gas 4 plus 2 per service stall and 1 per station 150 square feet of retail area Bakery 1 per 25 square feet of customer floor area. 1 space per 250 square feet of gross Bank or similar financial service floor area. 2 plus 1 per room for rent. No required Bed and breakfast inn parking may be located in the front yard nor shall the parking area exceed 50 percent of the rear yard. 5 per bowling lane plus 1 per 4.5 seats Bowling alley of other related facilities (e.g., restaurant) Coffee shop 4.5 per 1,000 square feet of gross floor area. Dance or physical culture studio 3 per 1,000 square feet of gross floor area. 1 per 5 enrolled persons based on Day care center (adult or child)licensed capacity. Health club or fitness center 1 per 225 square feet of gross floor area Hotel 1 per room plus 1 per 4.5 seats of other related facilities (e.g., restaurant) Medical or dental office Floor area of 2,500 square feet or less 1 for every 250 square feet of floor area. Floor area greater than 2,500 square feet 1 for every 200 square feet of floor area. Micro-production facilities (micro-breweries &1 per 1,000 square feet of gross floor micro-distilleries) area. Office F--Floor area of less than 50,000 square feet 1 per 275 square feet of floor area Floor area of 50,000 to 200,000 square feet 1 per 300 square feet of floor area Floor area of 200,000 to 400,000 square feet 1 per 325 square feet of floor area Floor area of more than 400,000 square feet 1 per 350 square feet of floor area 1 per 2 employees plus 1 per vehicle Other businesses or industries, including used in conduct of the enterprise OR 1 wholesale per 800 square feet of gross floor area, whichever is greater. Shopping center Community (under 50,000 sf) 3.5 per 1,000 square feet of gross floor area Regional (50,000 sf or more) 4 per 1,000 square feet of gross floor area Restaurants or food service in shopping Calculated separately unless the pp g centers restaurant meets all of these requirements: The shopping center floor area is over 20,000 square feet The restaurant does not have wait staff serving food directly to the customer while seated intoxicating liquor sales at the restaurant shall not exceed five percent of annual revenue The restaurant does not have in- vehicle sales or service The combined total of all restaurants and food services total less than 25 percent of the gross floor area of the building and shopping center. Retail (other than shopping center) where more than 25 percent of the gross floor area is 5 per 1,000 square feet of gross floor area customer area Retail (other than shopping center) where more than 25 percent of the gross floor area is customer area and where the merchandise is 2 per 1,000 square feet of floor area large such as furniture, carpeting, large including outdoor display areas). appliances or automobiles Retail (other than shopping center) where less than 25 percent of the gross floor area is 10 per 1,000 square feet of gross floor customer area and where the product is picked area up or delivered by patron. Restaurants and Related Class I and 11 10 per 1,000 square feet of gross floor area. Class III (Fast food/convenience) 17 per 1,000 square feet of gross floor area. 1 per 25 square feet of customer floor Class IV (Take-out only) area plus 1 per delivery vehicle on the maximum shift. 10 per 1,000 square feet of gross floor Taproom/Cocktail Room area (to be added to required number for adjacent micro-production facility) 1 per 1,000 square feet of gross floor area of Micro-brewery production floor Brewpub area and 10 per 1,000 square feet of gross floor area of kitchen, dining and bar floor area. Theater 1 per 3 seats if part of a shopping center; 1 per 2.5 seats if free standing RESIDENTIAL USES Multiple-family housing 2 per housing unit, 1 of which must be enclosed. MR-1 District: two-family dwelling Only one (1) curb cut is permitted to the property. MR-2 District: 8 or fewer units; 9 to 25 2 per housing unit. May be reduced to 1.5 units as a conditional use. spaces per unit for 7 or more units if factors warrant. 2 per housing unit. May be reduced to 1.25MR-3 District: 20 or fewer units; more than 20 units as a conditional use. spaces per unit for ten (10) or more units if factors warrant. Group home (state licensed residential facility) 2 per 5 beds offered for residence purposes. F Nursing or convalescent home 5 plus one (1) per 5 beds offered for residence purposes. INSTITUTIONAL/PUBLIC USES F 1 parking space per 3 seats based on rated design capacity plusPlacesofworship and/or assembly additional parking spaces, as applicable for accessory facilities which are used concurrently. School T_ K-8 1 per employee plus 8 for visitors High school 1 per employee plus 1 per 8 students Business or trade 1 per employee plus 1 per 3 students based on rated design school capacity. If calculation results in a fraction, the next higher whole number shall be used. Section 9 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this day of 2015. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 3 REPORT# 16 CASE# PLANNING COMMISSION STAFF REPORT PC MEETING DATE: SEPTEMBER 28, 2015 ITEM FOR PLANNING COMMISSION CONSIDERATION: Continue a public hearing to consider land use applications related to converting a former service station to an automobile repair business at 6600 Portland Avenue to October 26, 2015. II.RECOMMENDED ACTION: I By motion: Continue the public hearing to consider land use applications for 6600 Portland Avenue to October 26, 2015. II. BACKGROUND Application materials were not received by the deadline for this meeting. This item will be considered at the October 26, 2015 meeting. III. BASIS OF RECOMMENDATION A. POLICY B. CRITICAL ISSUES C. FINANCIAL D. LEGAL Notification: Notice of this public hearing was published in the Sun Current in accordance with State and Local requirements. IV. ALTERNATIVE RECOMMENDATION(S) V. ATTACHMENTS None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING