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Page 1 of 1 ATTACHMENT G Janice Gundlach From: Janice Gundlach Sent: Tuesday, June 28, 2011 4:54 PM To: 'thomas.johnson@gpmlaw.com' Cc: 'LeFevere, Charlie L.'; Grant Fernelius; Dean Lotter Subject: New Brighton VOA Request Attachments: 2011 LAND USE PACKET (full document).pdf; 0337_001.pdf Good Afternoon Tom, As a follow-up to our phone conversation yesterday afternoon and my voicemail this morning, I wanted to make sure you received a more detailed response so I have prepared the following email. As mentioned over the phone yesterday, the City doesn't have an application form for the types of requests you wish to make on behalf of VOA. As I understand from our phone conversation, you are seeking an appeal of the staff determination that VOA's proposal does not fit into the "similar institution" category per Zoning Code Section 6-540 (2) (E) and that VOA's proposal be considered as a permitted use per Zoning Code Section 6-520 (4) (D). Assuming that is still accurate, here is how I would propose we proceed: • Submit a letter to the mayor and City Manager outlining your specific requests. • After discussing this with the City Attorney, we have concluded both requests need to be heard before the Planning Commission, who in their advisory role, will forward a recommendation to the City Council. • With regard to the appeal, the letter you submit to the mayor and City Manager will be sufficient in order to be heard before the Planning Commission. • With regard to the permitted use determination, this is an actual land use request requiring completion of a Land Use Application. I've attached the Land Use Packet for your review. You'll note that a Pre-Application Meeting is required. In the interest of saving time, I've completed that form and attached it to this email. My completion of this form is based on the assumption you wish to proceed as previously discussed. If something has changed, the information noted on the Pre-Application Meeting form may not be accurate. • If you review the Zoning Code, you'll note that the list of permitted uses and the permitted use determination language of Section 6-520 (4) (D) is taken directly from the permitted use language of the Business districts (Chapter 5 of the Zoning Code). You'll also note that in Zoning Code Section 8-062 and 8-063 a process is outlined for the permitted use determination. This is the process we would propose following, should you make this request. • You'll note that Section 8-062 (1) only references the permitted use determination provisions in the Business zoning districts, not the Mixed Use zoning district. We believe this was simply an oversight and the intent is to follow this procedure. • The procedure outlined in Section 8-062 is essentially a Special Use Permit process. This includes a public hearing, notification to the neighbors within 350', and a 4/5ths vote of the City Council. • The criteria staff will use to consider the permitted use determination will include the criteria stated in Section 8-063. • In order to make this request, please submit a completed Land Use Application and fee in the amount of $545. • Because of the nature of your request, the list of required submittals noted on the Pre-Application Meeting form does not really apply. As such, I would recommend a narrative is submitted explaining the request in detail. I would also recommend that you provide responses to the permitted use determination criteria outlined in Section 8-063. This is outlined on the completed Pre-Application Meeting Form (attached). • Lastly, in order to be heard at the July 19th Planning Commission meeting, you'll need to submit these materials by June 30th at 11AM (see last page of Land Use Packet). I hope this email answers any lingering questions you had following our phone conversation yesterday and my voicemail this morning. Please feel free to call with further questions or concerns. Thanks. Janice 6/28/2011