02-25-08 PC Minutes
Regular Meeting of the
Golden Valley Planning Commission
,
February 25, 2008
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
February 25, 2008. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, McCarty, Schmidgall
and Waldhauser. Also present was Director of Planning and Development Mark Grimes,
City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Commissioner
Kluchka was absent.
1. Approval of Minutes
February 11, 2008 Regular Planning Commission Meeting
Eck referred to the third paragraph on page 7 and noted that the word "stated" was
missing in the second sentence.
Waldhauser referred to the seventh paragraph on page 6 and stated that the last
sentence should read as follows: The Commissioners decided not to add an adjustment
for pervious pavers to the driveway requirements.
McCarty questioned what would constitute cause for denying a Conditional Use Permit to
a day care facility if they met all the requirements. Grimes explained that circulation
issues or inadequate parking could be cause for denial of a Conditional Use Permit. Eck
added that a Conditional Use Permit could be revoked if a day care center was not being
run properly.
MOVED by Eck, seconded by Waldhauser and motion carried unanimously to approve
the February 11, 2008 minutes with the above noted changes.
2. Discussion Regarding Mixed Use Zoning District Language
Grimes reminded the Commission that the City Council recently adopted the 1-394
Corridor Study and re-designated the properties in the 1-394 Corridor area on the General
Land Use Plan map to Mixed Use. He stated that now the Planning Commission and
Council need to adopt a Mixed Use zoning district because state law requires that the
Comprehensive Plan and the Zoning Map be consistent. He said he would like the
Commissioners to go through the proposed new Mixed Use zoning district language page
by page to make sure it is easy to understand and administer. He stated that the Council
has concerns about the car dealerships in the area becoming non-conforming and stated
that one option could be to create some kind of special Conditional Use Permit for car
dealerships. He explained that even if a car dealership is considered to be non-
conforming it could continue to operate and be maintained. However, it just couldn't be
expanded.
Minutes of the Golden Valley Planning Commission
February 25, 2008
Page 2
Keysser referred to the recently approved Morrie's Conditional Use Permit allowing two
awnings to be added and asked if that would be considered an expansion. Grimes said
yes because they were attached to the building and were built closer to the setback line.
Grimes stated that there are other uses in the 1-394 Corridor that would also become non-
conforming and that some of them would be ok if they are zoned Mixed Use.
Waldhauser asked if "building up" would be considered an expansion. Grimes said yes.
Keysser said one option could be to "grandfather in" some of the existing uses for a
certain period of time. Cera said another option could be to allow non-conforming uses to
expand up to a certain percent. Waldhauser suggested allowing expansion but not
allowing acquisition of new properties for the same use.
Eck said he thought the philosophy of the Corridor Study was that auto dealerships were
not the intended long-term use in the area. Grimes agreed and reiterated that there are
other uses that are also not intended long-term uses.
Keysser asked if there is an inventory of all the buildings in the Corridor Study area.
Grimes said yes.
Waldhauser referred to gas stations and questioned if the Mixed Use ordinance should
expand what is allowed to provide for neighborhood convenience. She said she would
also like to encourage building above auto dealerships.
Schmidgall said it has never been his agenda to not allow viable businesses to continue
and if they want to improve their properties they should be able to. Keysser agreed.
Grimes suggested allowing auto dealers and auto repair uses as a conditional use. Cera
stated that allowing those uses with a Conditional Use Permit would allow them to stay
forever. Grimes suggested language that would allow existing auto uses to continue. He
added that once a non-conforming use stops being utilized or is abandoned the City can
require it to be brought into conformance.
Waldhauser questioned if there would be a noise issue with auto body uses next to
residential properties. Grimes stated that newer shops are much more sophisticated and
that garage doors are required to closed at all times.
Cera suggested having a time frame or moratorium in which the City would allow for an
expansion to a non-conforming building. Keysser suggested language that says for the
first 10 years after this ordinance is adopted any existing use would be able to expand.
McCarty asked if that language would allow the City to deny variances. Keysser stated
that a property owner could always ask for a variance but they would have to prove
hardship.
Eck stated that he doesn't understand the rationale for requiring a Conditional Use Permit
for a restaurant located in a free-standing building. Grimes discussed the various types of
restaurant classes. Waldhauser stated that the intent was to discourage stand alone
Minutes of the Golden Valley Planning Commission
February 25, 2008
Page 3
restaurants. Grimes said that Class I restaurants could be added to the permitted uses
list, but recommended that Class II restaurants require a Conditional Use Permit because
they have drive-through windows. Grimes added that any use over 2 acres in size is
required to be mixed use.
Eck referred to the maximum height requirements in the various subdistricts and
questioned what would happen if someone built a tall building and then left it. Grimes said
it would not be considered non-conforming because it would have a Conditional Use
Permit. He reviewed a map of the subdistricts and discussed the height allowed in each.
Waldhauser referred to Subdivision 1 (E) and said it should read "Improve connectivity for
all modes of transportation". She referred to Subdivision 1 (F) and said the words "work to
establish" are redundant. The sentence should read "Foster sustainable development and
a balance between urban and natural systems". She referred to Subdivision 3(F) and
asked if medical clinics and personal care services could be combined. Grimes said he
thinks the two uses are different and should be separate.
McCarty referred to Subdivision 4(8) and suggested the words "or restaurant" be taken
out. He thought the sentence should read "Any permitted commercial use in a free
standing building".
Waldhauser referred to language regarding live-work units which states that they should
maintain a generally residential character in which the work space is subordinate to the
residential use. She said she would like it to say the opposite. Grimes stated that Golden
Valley has historically allowed 20% of a residential space to be used for a home
occupation and these proposed live-work units allow 30% of the space to be used for a
home occupation. Keysser asked why the percentage of the space dedicated to each use
needs to be addressed. Waldhauser asked why the City would care if no one actually
lives in the unit if the building is predominately commercial. She said she sees no reason
to limit the size or ratio. Keysser said he would want people to live in the units. McCarty
questioned how feasible the live-work idea is.
Cera referred to Subdivision 6(A)(4) regarding setback requirements and questioned if
they want buildings that close to the street. Waldhauser said the idea was to have to
buildings close to the sidewalk, not the street.
Waldhauser referred to Subdivision 5(E) regarding live-work units and questioned why
wholesale or manufacturing uses wouldn't be allowed. Grimes said he would look at
revising the language. Keysser said that some manufacturing uses have noise, smell and
sanitation issues. Grimes said he thought that buildings that have live-work units in them
would have covenants and rules.
Keysser referred to Subdivision 7(8) regarding required open space and questioned if
15% is too much. Grimes noted that open space consists of plazas, green spaces, play
areas, trails and parkways or a combination thereof.
Minutes of the Golden Valley Planning Commission
February 25, 2008
Page 4
Cera referred to Subdivision 6(F) regarding minimum height and asked if the City is
limiting itself by preventing stand alone buildings/uses. Grimes agreed and stated that the
City is trying to encourage Mixed Use but questioned how this ordinance would allow for
certain uses such as a gas station. Waldhauser suggested requiring a variance for those
types of uses. Grimes suggested possibly requiring a Conditional Use Permit for buildings
less than 2 stories in height. McCarty questioned if it would be forward thinking to not
allow single story development at all.
Keysser referred to Subdivision 8(E)(2) regarding building materials and requiring that at
least 20% of the fa9ade facing the primary street shall be faced with Kasota stone or
other indigenous dolomitic limestone. He said he thinks the language limits architectural
freedom. Grimes explained that the City Council wants to have a certain look and
consistency in the corridor area. McCarty said he would like the buildings to look different
from each other. Grimes noted that there is language in the proposed ordinance that
allows alternate approaches with City Council approval. McCarty proposed striking the
language in Subdivision 8(E)(2). He added that what he said about requiring some sort of
stone, not just limestone, was just a suggestion or a compromise, but not what he would
prefer. Cera agreed. Waldhauser said she thinks a general color scheme is important.
She suggested requiring consistency on individual blocks or areas. Keysser asked the
Commissioners to vote on whether or not Subdivision 8(E)(2) should be removed. Eck,
Schmidgall and Waldhauser thought the language should stay in the ordinance. Cera,
Keysser and McCarty thought the language should be removed from the ordinance.
McCarty referred to Subdivision 8(C)(3) regarding window and door openings and stated
that there should be commas inserted after the word "shelving" and after the words
"mechanical equipment".
McCarty referred to Subdivision 8(E)(1) regarding exterior wall finish and stated that the
last sentence should be changed to read "except for glass, all exterior wall material shall
be integrally colored".
McCarty referred to Subdivision 8(E)(3) regarding architectural trim and asked if stucco
and cement board should be added. Grimes said he thought the words "other equivalent
materials" would cover stucco and cement board.
Waldhauser questioned where the ordinance encourages benches. Grimes asked if she
was suggesting requiring benches. Waldhauser said she would at the least like to
encourage and allow sidewalk benches. Grimes said there are potential right of way
issues, plowing issues and safety issues with permanent benches being placed on
sidewalks and in the right-of-way area.
Keysser referred to Section 11.48, Subdivision 2(A) regarding construction or alteration of
a single family dwelling and asked if that language needs to remain in the ordinance.
Grimes said that language could be removed.
Minutes of the Golden Valley Planning Commission
February 25, 2008
Page 5
McCarty referred to Subdivision 4(C) regarding variances and suggested that the word
"reviewed" be changed to "decided". The Commissioners agreed.
Cera noted that the ordinance talks about sustainability in regard to the construction
process but it doesn't address sustainability in regard to building operations at all.
McCarty said he thinks the building industry would drive sustainable operations.
Schmidgall agreed that there is an industry-wide trend to have energy efficient buildings.
Waldhauser stated that sustainability is also addressed in the Comprehensive Plan. Cera
said he would like to encourage sustainability in this ordinance. Grimes asked Cera to
help him draft some language about sustainability to add to the ordinance.
3. Appointments to the Douglas Drive Corridor Study Scoping Committee
Grimes stated that Golden Valley has received funds from the Federal Government to do
a planning study regarding connectivity in the Douglas Drive Corridor. He stated that the
connectivity issues are only a part of what the City Council would like to study and they
want to do a corridor study similar to the 1-394 Corridor Study. He stated that he would
like three Planning Commissioners to be a part of the Douglas Drive Corridor Study
Scoping Committee to help figure out what issues should be addressed as a part of a
study.
Keysser asked about the parameters of the study area. Grimes discussed the proposed
boundaries of the study.
Keysser said he would like to volunteer. Waldhauser said she would also like to volunteer.
Keysser suggested tentatively including Commissioner Kluchka because he thinks that
this is something he might like to be involved in.
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
5. Other Business
Waldhauser stated that she received a call from a resident who was concerned about
the number of group homes in her neighborhood. The resident was also concerned
about people at Schuller's smoking outside near her yard.
Grimes explained that the City Council has included the group home issues in their
annual list of legislative items. He stated that he also talked to the same resident about
the smoking issues and he has forward the issue to the Police Department.
6. Adjournment