092815 PacketPlanning Commission
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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.
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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