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02-22-10 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, February 22, 2010 7pm 1. Approval of Minutes a. January 25, 2010 Regular Planning Commission Meeting 2. Continued Informal Public Hearing - Conditional Use Permit Amendment #1 - 850 Florida Avenue South - CU-95 a. Applicant: 3rd Lair Skatepark, Mark Muller b. Address: 850 Florida Avenue South c. Purpose: To allow for the existing skate park to be open 24 hours a day, 7 days a week for special events and to reduce the required number of parking spaces. 3. Short Recess 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 5. Other Business 6. Adjournment This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. Regular Meeting of the Golden Valley Planning Commission January 25, 2010 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, January 25, 2010. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty and Schmidgall. Also present was Director of Planning and Development Mark. Grimes, City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. COl!l'jlmissioner Waldhauser was absent. 1. Approval of Minutes January 11, 2010 Regular Planning Commission Meeti;ng Eck noted some typographical errors. MOVED by Eck, seconded by Keysser and motibh carriedunanirnously to approve the January 11, 2010 minutes with corrections. 2. Informal Public Hearing - ConC!litiona se Permit - 7575 Golden Valley Road - CU-126 tion Address: 7575 Golden Purpose: To .aIlpw the>applicant to place two satellite dishes on the roof in the Business andPrbf~~~ional Offices Zoning District. Grimes explain Road an on the Pb becausei Pel!. it applr vanfRadio is going to be leasing space at 7575 Golden Valley to do their broadcasts they need to install two satellite dishes . e stated that staff is recommending approval of the proposal et$.with the ten factors of analysis used when reviewing a Conditional Use n; Keysser(;lskeq>if the satellite dishes will be lit. Grimes said no, only towers or dishes that 75 to 100 feet in height need to be lit. Eck asked if there is a code that specifically deals with satellite dishes. Grimes explained that the Building Code addresses items attached to roofs and that the City will also require a report from a licensed structural engineer. Brian Acker, General Manager, Relevant Radio, stated that they are currently leasing space at 919 Lilac Drive. They are in the process of downsizing their operation and they want to stay in Golden Valley so they are pursuing leasing space at 7575 Golden Valley Road. He peiterated that there will be no lights on the proposed satellite dishes. Minutes of the Golden Valley Planning Commission January 25, 2010 Page 2 McCarty asked Acker if there is the potential that they would increase their staff. Acker said yes, and explained that their production department moved to Green Bay so they are able to downsize their Golden Valley location. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. Kluchka suggesting adding the following two conditions of approval: 1) the satellite dishes cannot be used for signage and 2) the satellite dishes are required to b moved if this business moves from this location. Grimes stated that the City's curre Ign coqe doesn't allow signs to be located on roofs. He added that language could be adqed to the conditions of approval that the dishes must be removed if they ar~abandoned or if they are serving no business purpose. Acker stated that their lease with th~\propef'tybwner already states that if they move from this location the satellit$dishe~have to be removed. MOVED by Cera, seconded by McCarty and motion car~l~d unal'1imou~!~:to recommend approval of the request to allow the applicant to place twO 'satellite dishes on the roof at 7575 Golden Valley Road with the following conditions: 1. The satellite dishes may not be artificially illuminated, unless required by law or the Federal Aviation Administration. 2. The placement, design, use, and operation of the satellite dishes must comply with the Telecommunications Act of 1996 and the fulesofthe Federal Communications Commission. 3. Each satellite dish must not 4. The satellite dishes mus The dishes must conf 5. The satellite dishes m by this applicant 6. All other applica e meters in diameter. by a licensed professional structural engineer. , Building Code. ,from the rooftop when they are no longer needed and federal requirements shall be met at all times. 3. Inf al Public Hearing - Conditional Use Permit Amendment #1 - 9400 Go Valley Road - CU-121 Office, LLC 9400 Golden Valley Road Purpose: To allow the existing employee only daycare to accommodate up to 20 children rather than the approved 10 children in the Business and Professional Offices Zoning District. Grimes stated that the City issued a Conditional Use Permit to the applicant in 2008 to allow for the operation of an employee only daycare center for 10 children. The daycare center has been successful and now the applicant is asking to increase the amount of children allowed to 20. The daycare would remain only for the children of employees. Minutes of the Golden Valley Planning Commission January 25, 2010 Page 3 He added that the Deputy Fire Marshal would like to see a report from an architect showing the daycare center meets the fire code requirements. Keysser asked if there have been any issues from the Department of Health regarding the daycare operation. Grimes said no. Rebecca Thomley, CEO, RHT Office LLC, stated that when they first started the daycare the first 6 months were slow but now it is full. She added that the daycare is for employees only and the people using the daycare are already in the building.so traffic will not increase. She submitted a copy of the report done by her architect per' the Deputy Fire Marshal's request. Cheryl Vennerstrom, COO, RHT Office LLC, explained how their type of daycare license if this proposal is approved. Sh~/.a social service agency so they understand the licensing process. have t hange hat they are a Cera asked if the existing daycare space will be eX8@eded/;~hort1!.ey showed the Commissioners a floor plan and explained how they wiHpe recon~iguring the existing space. Eck noted that when the original Conditional Use Permit V'(~S approved in 2008 the applicant noted that the space could ac~ommodate 28Cnildren. He asked if that was still true. Vennerstrom explained ths ~e< coulcl.accommodate 28 children, but they still need to apply for a sligh en e of license to increase the number of children. Keysser opened the pub!" Keysser closed the publi earil1ll9. Se~ing and hearing no one wishing to comment, earing. McCarty suggested applicant won'tbave they would like to/am '1'1 whatever number of children the State allows so the ranother amendment. Keysser asked the applicants if eir proposal to allow for 28 children. Vennerstrom said yes. MOVED by approval to u 28 chil by Kluchka and motion carried unanimously to recommend #121 to allow the existing employee only daycare to accommodate 4. Inf6rm~U Public Hearing - Minor Subdivision - 100 Brunswick Avenue North - SU12-12 Applicant: Peter Miller Address: 100 Brunswick Avenue North Purpose: The subdivision would create two separate lots for the construction of two new homes. (The existing home will be removed.) Minutes of the Golden Valley Planning Commission January 25, 2010 Page 4 Grimes referred to a location map of the property and explained that the applicant would like to subdivide his existing 29,000 square foot lot into two lots approximately 15,000 square feet in size which is 45% to 50% larger than the Subdivision Code requires. He explained that the applicant would have 180 days after preliminary plat approval to remove the existing home and submit the final plat. He reminded the Commission of a subdivision that was done in this area a few years ago and noted that there was discussion at the time about the possibility of owners within the Tralee area adding deed restrictions to eliminate or control the splitting of lots, but he is not aware of any covenants being placed on lots in this area. He added that staff is recomrT;1ending approval of the subdivision request because the applicant's proposall1i1eets alli~t the City's requirements. Kluchka asked if there have been any requests from the applic~nt for~ny special considerations. Grimes said no variances are being requested. He explained that as a result of the infill study many things were changed in the Sin9le Family Zoning District and the applicant is meeting all the code requirements. Peter Miller, Applicant, stated that he has been aGolden Valley resident for 11 years and he would like to subdivide his property. He asked if he cOLllg wait until after the final plat is approved to demolish the existing house. Grime xplaine at the Subdivision Code states that the final plat must be filed 180da r' ry plat approval and the final plat couldn't be approved if the existingihouse sUI e property. Miller asked if he could have an decision to extend that deadlin approval. n to>the 180 day rule. Grimes explained that the uld pe mad~py the City Council after preliminary plat Keysser opened the public hearing. Peggy Newstrom, 6a~J!=mwo.og Avenue, said she remembers the controversy of the subdivision on utac s ~0 a few years ago and she is disappointed with the height of those homes.>.......aiis~e is d the height issue has been addressed since then. She said the p~ I"1:Y in>q~estipn has not been very well maintained. The porch is collapsing, only halt.oft 'ainted and there are dead trees. She said the lot is wooded and the treesar d she would like them to stay. Jim Fredkove,26 Paisley Lane, said he is not agreeing or disagreeing with the proposal he just ~~~.t~....l!'ore information. He said he moved to this neighborhood because it has large lots with trees. He said it sounds like the applicant is complying with all the City's requirements and he is also concerned about losing existing trees. He asked if the proposed new homes would be rental homes and if they were he would object to that. David Spencer, 211 Cutacross ~oad, asked if Brunswick Avenue has been reconstructed yet. Keysser said yes~ Spencer said that street reconstruction will start soon on Cutacross ~oad and Paisley Lane and the construction of the proposed new houses will have to be monitored so it won't conflict with the street reconstruction. He asked if the cul-de-sac on Brunswick Avenue is large enough for this proposal and said he is also concerned about Minutes of the Golden Valley Planning Commission January 25, 2010 Page 5 the mature trees being maintained. He asked about the square footage of the proposed homes and said it would be nice to know what they are going to look like. John Segner, 125 Paisley Lane, said he echoes the same concerns as the people who spoke before him. He said the first time he heard about this subdivision was from the hearing notice he received in the mail, which he feels is a flaw in the process. He said he realizes at some point this neighborhood will change and he appreciates the changes that have been made to the Zoning Code since the last subdivision in this neighborhood. He said he is all for private property rights, but he doesn't like that somethi is significant can change in the neighborhood with only a week and a half notice. Miller showed the Commissioners a tentative plan of the footpri~~s6f thEfpfoposed homes and explained that there would still be a lot of land and trees around th.e hou~~.s. Keysser asked about the size and price of the proposed new homes. Miller said they will be custom homes, 3,200 to 4,200 square feet in size aJil.q apprO~.imately$650,000 to $750,000 in price. He said it is not his plan to have th~ home~. b~~ome rental properties and he would also like to preserve as many trees.aspOssible.KE}~sser mentioned that Miller will have to submit a tree preservation plan. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Kluchka asked if the proposed new homes helve to)pe owner-occupied or if they could be rental properties. Grimes stated tthe.ho s could be rental properties if they have the proper licensing but at the price e ng posed he doubts they'll be rental properties. t operty owners about the upcoming street construction teams are working together. Grimes noted qy been reconstructed and that there is a very detailed freconstruction available through the Public Works Kluchka asked if the reconstruction to m that Brunswick Ave process in placE}.reg Department. Kluchkaas Department feels about the size of the Brunswick Avenue cul-de-sac. s reit ated that Brunswick Avenue was recently reconstructed and WOJil't need~!3Y revision as a result of this proposed subdivision due to the minimal num r of ho s the road serves. Kluchka how much notice is given to the surrounding property owners. Grimes stated that state statute requires cities to give 10 days notice for public hearings and to notif~ property owners within 250 feet of the subject property. Golden Valley notifies property owners within 500 feet and there are two public hearings when considering a subdivision. He added that the subject property has been zoned Residential and guided on the General Land Use Plan map for single family residential homes for many years and this proposal is consistent with those designations. Kluchka suggested that hearing notices include directions on how to research the City's requirements and codes. Grimes stated that the City's website could be added to the hearing notices. Minutes of the Golden Valley Planning Commission January 25, 2010 Page 6 Eck referred to the concerns regarding tree preservation and it has been the City's experience that builders try to maintain as many trees as possible because trees add value to property. MOVED by McCarty, seconded by Eck and motion carried unanimously to recommend approval of the request to subdivide the property located at 100 Brunswick Avenue North into two lots with the following conditions: 1. The final plat of the minor subdivision shall be consistent with the preJimin!3ry plan submitted with the subdivision application. 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Director of Planning and Development, dated January 21,20 , sha this approval. 3. A park dedication fee shall be paid at time of final plat a shall be determined by the City Council. 4. The existing house must be removed prior to final 5. Informal Public Hearing - Zoning Cod~Amendment - Garden Structure Requirements in the Definitions, Si. l~iF=amily (R-1) and Moderate Density Residential (R-2) Zoning Districts S ons.of. Code Applicant: City of Golden Vall~y Purpose: To amend the Zoning Districts regar~imgJ Sing" Fam:ily and R-2 Moderate Density Residential ~(:Jaition of garden structure requirements Grimes explained that thisi~.agr~posal to amend the Single Family (R-1) and Moderate Density (R-2) Zonin~.[)istrictp~cause staff has come across some garden structures located in front yards. H~r~vieVlt~d the proposed language and stated that the proposed setbacks wouldibe 5 feet he front yard property line, 5 feet from the side and rear yard property line$.an eet of separation between detached structures, similar to other acc e s would be included in this proposed new language. Grimes said w language would be for pergolas, arbors, etc. Schmid~~U s he would like to see examples of some existing garden structures. Kluchka sug sted including pictures in the staff report when this item goes before the City Council. Schmidgall said he thinks these types of garden structures are basically transparent so they shouldn't cause any visual obstruction. Cera questioned corner visibility especially if the garden structures are covered in vines. He suggested requiring a 7 or 10 foot setback instead of the proposed 5 foot setback. Kluchka said he feels garden structures should have the same requirements as bushes. McCarty clarified that the garden structures Minutes of the Golden Valley Planning Commission January 25, 2010 Page 7 would be 5 or 10 feet away from the property line, not the curb. Schmidgall said he would like to setback requirement to be 5 feet as is being proposed. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. McCarty referred to the proposed ordinance and stated that he would like the word "must" to be replaced with "shall" throughout the document for consistency. He said he would also like the language regarding height limitations to be the same in botqth -1 and R-2 sections. Eck referred to the language regarding the location requirement~<tilnd Saiqiqe thinks that some of the language that was struck should not have been. SJ:)ecifically the language stating that an accessory structure may be built no closer to the frontsetback as the principal structure. Grimes said the language will be corrected before this goes to the City Council. --Sh MOVED by Schmidgall, seconded by McCarty a approval to amend the R-1 Single Family and R Districts regarding the addition of garden structu voted no. 6. Reports on Meetings of ta,eFlousin nd Redevelopment Authority, City Council, Board of Zonin.g<Appe~ls and other Meetings Grimes reported that the planning Dep;;irtment is working with the Environmental Commission to look at solid waste hauling and the options available to the City. Hogeboom explaine that th ty's municipal recycling contract is up for renewal in December 2011, so cil asked that staff look and how other cities handle their waste ma ge e said he would send the Planning Commission a copy of the pre ati the Environmental Commission and a timeline of the study. Kluchka porteo on lheiDistrict 281 Divestiture Committee meetings he has attended. 7. Other Business No other b ss was discussed. 8. Adjournment The meeting was adjourned at 8:26 pm. Lester Eck, Secretary Planning 763-593-8095 I 763-593-8109 (fax) Date: February 19, 2010 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Continued Informal Public Hearing on a Proposed Amendment to Conditional Use Permit CUP-95, to Allow for 24-Hour Operation at 850 Florida Avenue South - Mark Muller (3rd lair Skate Park), Applicant Background Mr. Mark Muller, associate with 3rd lair Skate Park, attended the January meeting of the Planning Commission seeking to amend Conditional Use Permit (CUP) #95. The proposed amendment would allow 3rd lair Skate Park's hours of operations to be extended. The proposed amendment would also decrease the number of required on-site parking spaces. Currently, the facility is allowed to operate between the hours of 9 am and 10 pm and must have 50 on-site parking spaces. The Planning Commission tabled the proposal and requested that a more thorough building and fire code analysis be completed by the applicant, and that the applicant meet with Planning Department staff, the Deputy Fire Marshal, and the Police Chief. This meeting occurred on January 21, 2010. Staff was unable to agree to support the applicant's proposal. The applicant provided a thorough code analysis to Deputy Fire Marshal Ed Anderson. In addition to identifying several changes that must be made to the property, the analysis found that only four parking spaces can be built onsite if adequate emergency access is to be provided. Deputy Anderson, as well as Police Chief Stacy Altonen, will be in attendance at the Public Hearing to discuss this matter in further detail. Recommended Action Based on prior violations of the existing Conditional Use Permit, staff is recommending that the applicant be denied the request to increase hours of operation. Staff recommends denial of the applicant's request to reduce the on-site parking requirement as proposed. Staff feels that 25 dedicated, year-round, parking spaces for the business would 1 be adequate for the site. Staff suggests allowing the applicant to obtain a parking access agreement from 715 Florida Avenue that would allow the 3rd Lair to use at least 21 parking spaces. Approval of the reduced parking request is subject to the following conditions: 1. The parking area must allow space for a screened dumpster. The screened dumpster must be approved by the Building Official. 2. The parking area must comply with American with Disability Act standards, including providing adequate handicapped-accessible parking. 3. A signed and notarized agreement for parking access must be obtained from the owners of 715 Florida Avenue South. This document must allow the use of at least 21 parking spaces for the 3rd Lair. The document must be provided to the City by June 1, 2010. 4. Proof must be provided that 25 total striped stalls exist and are usable by June 1, 2010. Attachments: Location Map (1 page) Planning Commission Minutes, dated January 11, 2010 (6 pages) Letter from Senator Ellen Anderson, dated February 15,2010 (1 page) Memo to Planning Commission dated January 7,2010 (2 pages) Conditional Use Permit No. 95, dated June 4,2002 (2 pages) Applicant's Narrative (1 page) Memo from Police Chief Stacy Altonen, dated December 15, 2009 (1 page) Memo from Deputy Fire Marshal Ed Anderson, dated December 3,2009 (1 page) Letter from Mark Saliterman, dated January 7, 2010 (2 pages) Site Plans (2 pages) 2 . . . . "?;21 III . ~ . 702 . "li . . ~\ Uj H: d:ti ~i 0' ~i "li! I,l,.' 6llOO wI ell ~I 90S ~I 21S :nO 6901 801 515 700 '" ~ "li 8 r.2 ~ . 6660 I" ;~"U~j~ct Property I 64U 900 6440 6400 6300 we 139'4 TO LOUISIANA AVE S INTERSTATE 394 INTERSTA TI: 394 WAy",,, .....rA f>Lvl} ,,250, 6224 6210 (1) eM.l:;! '..:n.;,<.!fn:.J ';O;d"'IIV~..:JMB C<:mr~ ~C-; ;../,jf'-iBDl$ ~ SlJ H"'" "n0051'O We 1394 E81394 1"0 Sa HIV YJOos 4&.:H! Regular Meeting of the Golden Valley Planning Commission January 11, 2010 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley oad, Golden Valley, Minnesota, on Monday, Jan ry 11, 2010. Chair Keysser called e meeting to order at 7:05 pm. ners Eck, Keysser, Schmidgall and Waldhauser. Development Mark Grimes, Cit lanner Joe isa Wittman. Commissione era, Kluchka and Those pres t were Planning Commissi Also present w Director of Planning a Hogeboom and A . istrative Assistant McCarty were absent. 1. Approval of Minutes and stated the word "need" should be Eck referred to the last sentence on changed to "needs". Eck referr to the last sentence on pag the wor 'from". M ED by Eck, seconded by Waldhaus and motion carried unanimously to ovember 23,2009 minutes with the abo e noted correction. 2. Informal Public Hearing - Conditional Use Permit Amendment #1 - 850 Florida Avenue South - CU-95 Applicant: 3rd Lair Skatepark, Mark Muller Address: 850 Florida Avenue South Purpose: To allow for the existing skate park to be open 24 hours a day, 7 days a week for special events Hogeboom explained the applicant's request to amend their existing Conditional Use Permit (CUP) to allow them to be open 24 hours a day for special events and to reduce their required number of parking spaces from 50 spaces to 5 spaces in the summer and 25 spaces in the winter. He referred to Police Chief Altonen's memo included in the agenda packet and discussed some of her concerns regarding crowd control and safety. Minutes of the Golden Valley Planning Commission January 11, 2010 Page 2 He stated that in regard to the request for fewer parking spaces planning staff realizes that the current requirement of 50 spaces may be too much, so staff is recommending the applicant have 25 parking spaces available year-round. He referred to his memo and discussed the recommended conditions of approval which include: providing a screened dumpster, complying with the American with Disabilities Act by providing adequate handicapped-accessible parking and providing 25 striped parking spaces. Keysser asked how many parking spaces the applicant has currently. Hogeboom said he wasn't sure but he doesn't think they have the 50 spaces they are required to have. Keysser asked if the applicant meets the conditions in their current CUP and with Fire Department requirements. Hogeboom said they are not in compliance with their existing CUP and he thinks there have been on-going issues with the Fire Department requirements. Eck referred to a site plan of the property and asked for clarification regarding the number of parking spaces shown on the plan. Grimes explained that in the past, the applicant's demand for parking has decreased in the summer months. He stated that there have been various issues regarding outdoor storage, parking, signage and the overnight events being held without permission, and that the applicant has been asked to address these issues. Eck asked if there have ever been the required 50 designated parking spaces on this property. Grimes said yes, originally there were 50 parking spaces and that over time skate board ramps have taken over several of the parking spaces. Mark Muller, Applicant, introduced his business partners Matt Parrish and Mark Rodriguez. He referred to the Deputy Fire Marshal's memo and stated that all of conditions listed in his memo have been met. He stated that he has had a code analysis done and life safety issues are being met. He explained that their total occupancy load is 494 and that Deputy Fire Marshal, Ed Anderson, wants each separate area to have occupancy load signs posted, which he is willing to do. Muller gave a history of his business and stated that they are proud of their history, their ability to provide a safe environment and how their presence has added to Golden Valley. He stated that over the past few years their admissions have been lower so their special events and "all-nighters" have become increasingly important. He stated that they have been hosting "all-nighters" approximately 6 to 8 times per year for 13 years. He explained that approximately 50 to 75 kids attend the "all-nighters". The kids are dropped off by their parents and the doors are locked so the kids cannot come and go as they please, however parents are allowed to pick their child up during the night if they wish. Schmidgall asked when the "all-nighters" occur. Muller stated they occur on Saturday nights starting at 9 pm and ending at 7 am on Sunday mornings. He stated that they occasionally have parents that stay with their children or volunteer at the events. He noted that a new form of revenue for them has been to rent out their facility for industry events and photo shoots. He said he understands that they need better safety implemented but they are proud of their safety record. He added that he would like to have a minimum of 20 Minutes of the Golden Valley Planning Commission January 11, 2010 Page 3 "all-nighters" per year. Muller referred to Police Chief Altonen's memo and stated that he thinks she is misinformed and doesn't seem to understand that these events are for kids, are completely staffed and are drug and alcohol free. Schmidgall asked Muller if he would have any objection to giving the Police Chief 30 days notice of the all night events. Muller said he would have no objection to giving her notification and in fact she currently receives notification of the "all-nighters". He explained that the all night events are planned months in advance and are posted on the 3rd Lair website and sent to a bulk emaillist. Eck said he doesn't see anything in the existing CUP that gives the applicant permission to have the all night events. Muller stated that the all night events have been a part of his business plan since the beginning and it is his understanding that he is allowed to have the all night events. Keysser noted that the CUP is very clear about what is allowed and that the issues in the Police Chief's memo are valid concerns that could cause significant risk. Grimes explained that staff heard about an all night event held last September and that the applicant was allowed to have his special event that one time. Schmidgall noted that that if the applicant has been having the all night events since he moved to his Golden Valley location that means there have been 40 to 50 events up to this point. Muller agreed that some of the Police Chiefs concerns are valid and reiterated that it was his understanding that he could hold the all night events as he's been doing. Eck asked Muller where he got his understanding that he could have all night events. Muller reiterated that the all night events have always been a part of his business plan. Grimes explained that the all night events may have been part of the applicant's business plan, but they have never been a part of the Conditional Use Permit. Keysser referred to Deputy Fire Marshal Ed Anderson's concerns and asked Muller to address them one by one. Muller referred to Anderson's first comment regarding an occupancy capacity calculation and explained that they had a code analysis done in 2002. Muller referred to Anderson's second comment regarding outdoor occupancy and explained that this is a new requirement and he will address the issue. Muller referred to Anderson's third comment regarding egress and explained that egress issues were addressed when the original Conditional Use Permit was obtained and that no egresses or walkways have changed at all. Muller referred to Anderson's fourth and fifth comments regarding fire code regulations and annual fire alarm and fire suppression system inspections and stated that Anderson receives annual reports as requested. Muller referred to the issue of obtaining a food license and explained that he receives a temporary special event food license every time he has an event and he is not required to have a permanent food license. Muller stated that life safety issues are his number one issue. He discussed the safety procedures followed during his all night events including requiring waiver forms, safety gear and emergency contact information for every child. Schmidgall asked about the age of the children at the all night events. Muller stated that the average age child at an "all-nighter" is 8 to 12 years old. He added that if the child is younger the parents typically stay at the event with them. Minutes of the Golden Valley Planning Commission January 11, 2010 Page 4 Muller referred to his proposal regarding the reduction of parking spaces. He stated that over the last 7 years the designated parking spaces have decreased in response to their customer's needs. He said that during past summer months there would be kids skating in the parking lot which wasn't safe so they determined the safest and best use would be to turn some of the existing unused parking spaces into an attraction and an area for more outdoor skating space. He explained that there is an agreement with the City in place that allows Golden Valley residents to use the outdoor skating area free of charge during the summer months. Keysser asked if there was permission granted by the City to take away 25 of the existing parking spaces. Muller said no and added that the outdoor skating area just evolved due to the result of kids dragging the ramps into the parking areas and kids wanting to skate outside during the summer. He stated that he doesn't want to change the outdoor skating area back into parking spaces because it is a benefit to their business and to Golden Valley. He added that he has talked to the neighboring property owner to the east about renting some of their parking spaces if they are needed or required. Eck said he doesn't understand why the applicant needs to rent parking spaces and yet he is asking to reduce the required amount of parking spaces. Mark Rodriguez, Muller's business partner, explained that they would only need to rent parking spaces for large events and if the City requires them to have 25 parking spaces all year long as opposed to having 5 spaces in the summer and 25 spaces in the winter as requested. Schmidgall questioned how the parking requirements went from 50 spaces to 25 spaces. Grimes explained that there were no parking requirements in place regarding this type of use when it was originally approved and 50 spaces seemed reasonable at the time. He stated that 25 spaces seem to be working well and he feels 25 year-round parking spaces now seem reasonable. Schmidgall referred to the letter submitted by the property owner to the north. Muller said to his knowledge there has never been anyone towed from the parking lot to the north. He stated that there are signs posted in that lot that say "No 3rd Lair parking". Rodriguez stated that he thinks the issues with the property to the north occur when there are events at 3rd Lair. He explained that they tell their customers, and make announcements at their events, letting customers know that they should not park in the lot to the north. Muller said he agrees that the property owner to the north should tow cars if they are parking in his lot. Grimes stated that he is concerned about the location and screening of the dumpster, the handicap access parking spaces being blocked with picnic tables and about there being enough room for emergency vehicles to access the site with the way cars have been parking. He stated that he has spoken with the applicant in the past about these issues and he would like them to be addressed. Schmidgall asked if there are handicapped parking signs posted. Muller said yes. Keysser suggested that the applicants have a meeting with staff to discuss the issues that have been raised. Muller stated that he has spoken with the Deputy Fire Marshal, but that the Police Chief has not agreed to meet with them. Hogeboom said he would work on getting a meeting set up. Minutes of the Golden Valley Planning Commission January 11, 2010 Page 5 Muller showed the Commissioners some video clips of a previous "all-nighter". Waldhauser asked if the likelihood of injuries goes up when the kids are up all night skating. Rodriguez said no, there haven't been more injuries during the all night events. Keysser opened the public hearing. Mark Rodriquez stated that he has skated at 3rd Lair since 1997. He said he appreciates the Planning Commission listening to their proposal and he understands that some rules have been broken based on their ignorance, but he hopes the City will see what they do as beneficial because most property owners don't want skateboarders destroying their property. He stated that the impact of their business on these kids is huge and he hopes the City understands that. He added that they do their best to keep their ramps maintained and that their skate park is one of the best in the state. He added that they are going to do everything they can to satisfy any issues or concerns. Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Eck stated he thinks the applicants provide a service and are trying to do a good job but it seems that there are enough issues with this proposal that he would like to have police and fire representation at a meeting or at least have something in writing from them because Mr. Muller has said that he has met the police and fire requirements. Waldhauser said she is not sure if staffs concerns are boilerplate issues or genuine concerns regarding this use. She said the Planning Commission doesn't typically look favorably on businesses that don't comply with the conditions in their permits but she thinks this is a good activity to have in Golden Valley for this particular age group. She said 3rd Lair is an asset to the community and she wants it to be safe and successful so it is unfortunate that there are so many outstanding issues. She said she gives the owners the benefit of the doubt in not knowing what was required of them, but she is concerned about the Police Chiefs issues and would support this request with the Police Chiefs conditions. Grimes reiterated his concerns about the parking issues and would like to see staff's concerns addressed before this proposal is approved. Keysser said he appreciates the applicants wanting outdoor space for their ramps and asked Grimes what he sees as a compromise. Grimes stated that there can't be items stored in required parking spaces and he wants to make sure all of the safety requirements are met. He said he is not sure where the discrepancy between the applicant and the Deputy Fire Marshal is because he talked with the Deputy Fire Marshal last week and was told that the issues in his memo still need to be addressed but the applicant is saying that the items have already been addressed. He said he has to listen to staff and go with staff's recommendations. Keysser agreed that there are some unanswered questions and suggested tabling the item to clear up some of the ambiguous issues. Waldhauser suggested that the applicants also get a parking plan with the neighboring property in place too. Minutes of the Golden Valley Planning Commission January 11, 2010 Page 6 Schmidgall agreed that there are too many loose ends in this proposal. Eck said he doesn't think anyone on the Commission is questioning the applicant's desire to do a good job they just need to get some clarification. Hogeboom reiterated that he would start working on setting up a meeting with staff and the applicants. MOVED by Eck, seconded by Waldhauser and motion carried unanimously to table the applicant's request. --Short Recess-- tings of the Housing and Redevelopment Authority, City of Zoning Appeals and other Meetings 4. 5. Lester Eck, Secretary SENATOR ELLEN R. ANDERSON District 66 - St. Paul and Falcon Heights 120 State Capitol Building 75 Rev. Dr. Martin Luther King, Jr. Blvd. St. Paul, :MN 55155-1606 Phone: (651) 296-5537 E-mail: www.senate.mn/senatorandersonemail Senate State of Minnesota February 15, 2010 To: City of Golden VallOW.' Commission Members Golden Valley City Co' rs Senator Ellen Anders n 't'.fi 3rd Lair Skateboard P From: Subject: I write in support of3rd Lair Skateboard Park_ I'm very familiar with the park because my children and a number of their friends have spent many days at 3rd Lair. I've found the park and its staff to be very welcoming and helpful. The park is a safe and positive environment for kids, teenagers, and young adults. Even though skateboarding is not a traditional sport, I have found my older son puts as much determination, discipline, and stamina into skateboarding as my younger son does playing hockey. It takes a great deal of skill and athleticism to excel at skateboarding. Kids these days are desperately short on physical activity and often lack safe and positive environments, especially in the winter, where they can be active. Unfortunately, we don't have an indoor skateboard park in the east metro so we spend a . lot oftime driving to Golden Valley. Fortunately for your community, we spend a lot of money at 3rd Lair and all the local restaurants. I hope you will be able to support 3rd Lair's permit request that will allow them to maintain hours of operation they need to be a successful business and to provide a safe place at night for young adults_ cc: Senator Ron Latz Representative Ryan Winkler 3 rd Lair Skateboard Park ft ~~ COMMITTEES: Chair, Envlronment, Energy & Natural Resources Budget Division' Energy, Utilities, Technology & Corrununications . Envlronment and Natural Resources' E-12 Education Policy and Budget Division · Finance COMMISSIONS: Legislative-Citizen Commission on Minnesota Resources (LCCMR) . Legislative Energy Commission · Lessard-Sarns Outdoor Heritage Council S~J) Recyoled Paper J(fJf,Posl. CCYflslI:m.er Fiber Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: January 7,2010 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing on a Proposed Amendment to Conditional Use Permit CUP-95, to Allow for 24-Hour Operation at 850 Florida Avenue South - Mark Muller (3rd Lair Skate Park), Applicant Background Mr. Mark Muller, associate with 3rd Lair Skate Park, has requested an amendment to Conditional Use Permit (CUP) 95 which would allow 24 hour per day operation of the facility. The CUP, obtained June 4,2002, allows the facility to operate between the hours of 9 am to 10 pm. The property, zoned Industrial at the time of original CUP approval, is now included in the 1-394 Mixed Use Zoning District. In addition, the applicant is also requesting a reduction in parking spaces on the site. Proposed Amendment According to the applicant, posted public hours would be changed to 9 am to midnight. However, under this proposal, the applicant requests the ability to allow the facility to be rented out for special events over night. Also, the CUP requires 50 striped parking spaces on the premises. The applicant is requesting that this number be reduced to 5 striped parking spaces in the summer months and 25 striped parking spaces in the winter months. The applicant states that a high percentage of clientele are not of driving age, and therefore do not require parking spaces. Recommended Action The Planning Department has reviewed the applicant's request as well as the Public Safety Department's response to the request. Based upon Police Chief Stacy Altonen's report, staff is recommending that the applicant be denied the request to increase hours of operation. 1 The Planning Department also recommends denial of the applicant's request to reduce the on- site parking requirement as proposed. However, staff does recommend amending the CUP to allow 25 striped parking spaces, year-round, with the following conditions: 1. The parking area must allow space for a screened dumpster. The screened dumpster must be approved by the Building Official. 2. The parking area must comply with American with Disability Act standards, including providing adequate handicapped-accessible parking. 3. Proof must be provided that 25 striped stalls exist and are usable by June 1, 2010. Additionally, the Fire Department has expressed concern over safety issues within the building. Staff recommends that the following conditions be met prior to the approval of any amendment to the CUP: 1. The applicant must provide to the Fire Department an occupancy capacity calculation to determine the means of egress in accordance with the Minnesota State Fire Code. This capacity calculation shall include, but not be limited to, the standing room and seating capacity of the entire structure. The occupancy capacity calculation information shall be submitted to the Fire Department from a registered architect that is licensed in the State of Minnesota. 2. The applicant must provide an occupant load that accounts for both the interior of the building as well as the outdoor area of the site. 3. The applicant must provide proof that the egress system for the building meets the requirement of the Minnesota State Fire Code. 4. The fire alarm and fire suppression system located in the building shall be tested and inspected annually. The result of the previous annual test must be submitted to the Fire Department for review. 5. The applicant must obtain a license for selling food from Hennepin County. A copy of the license must be provided to the Fire Department. Attachments: Location Map ( 1 page) Conditional Use Permit No. 95, dated June 4, 2002 (2 pages) Applicant's Narrative (1 page) Memo from Police Chief Stacy Altonen, dated December 15, 2009 (1 page) Memo from Deputy Fire Marshal Ed Anderson, dated December 3,2009 (1 page) Letter from Mark Saliterman, dated January 7, 2010 (2 pages) Site Plans (2 pages) 2 ., CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT No. 02-95 Date of Approval: June 4, 2002 bvthe City Council inaccotdance with Sec. 11.10, Subd.2and Section 11.30 of City Code 3rd Lairlnc. - Mark Muller . Issued To: Approved Location: Approved. Conditional Use: Conditions of Approval: 1. No parking shall be allowed within the landscape areas. .850 Florida Avenue South, Golden Vallev. MN To allow a skate park in the I ndustrial Zoning. District 2. Any signage for the building must meet the signage requirements of the City's Inspection Department. 3. The outside dumpster must be screened from view with materials compatible with the building. 4. The fencing around the outdoor skating area shall have screening made of a high grade mesh material (similar to a tennis court) to lessen noise and visual impacts. 5. All deliveries shall take place between 8:00A.M and 2:00 P.M. Monday through Friday. 6. Bicycle racks for at least 20 bicycles shall be provided. 7. Whenever possible, private individual and group lessons shall be scheduled before opening hours on $aturdaysor Sundays. 8. No outside music, loud speakers, or public address systems will be allowed, except for occasional public safety announcements. 9. The pro shop shall remain a secondary use to the recreational uses of the facUity af"ld shall occupy no more than 600 square feet of the building. 10. The parking lot shall be. striped so as to provide for 50 parking spaces. 11. If the Director of Planning and Development determines that more parking spaces are needed, the applicants will be required to lease parking areas from businesses within 500 feet of this bUilding. If the applicants are unable to obtain leasing agreements,. the outdoor skating area will be used for parking. . 12. Ifthe Director of Planning and Development determines that parking is becoming congested during sessions, the time between sessions may be lengthened so as to alleviate this congestion. 13. Operating hours shall be from 9:00 AM to1 0:00 PM daily. Failure to comply with one ormore of the above conditions shall be grounds for revocation. of the.conditional use permit. Warning: This permit does not exempt you from all other City Code provisions, regulations, and ordinances. Issued by: Mark Grimes, Director of Planning and Development 10/12/09 To: Mark Grimes, City of Golden Valley From: Mark Muller, 3rd Lair SkatePark Re: Amendments on Conditional Use Permit Mark - Attached is our application for the Conditional Use Permit. As we discussed here are our proposed amendments: 1. We would like permission to be open 24 hours a day - 7 days a week. a. Our 'Open to the Public Hours' will remain 9:00am - Midnight, everyday of the week 1. We will occasionally rent out the facility before or after these hours to individuals and corporations for events such as video or photo shoots, private practice, and private parties, etc. 2. We would like permission to reduce the number of required parking spaces a. Summer - 5 on site parking spaces b. Winter - 25 on site parking spaces i. A very high percentage (80 - 90%) of our clientele is not old enough to drive. Most of our clientele is dropped off and picked up by parents (year round) 1. Weare able to secure overflow parking in our neighbors lots if needed/required Please let me know how to proceed from here. Thank you - " Mark Muller ' Golden Valley Police Department 763-593-8079 I 763-593-8098 (fax) Date: December 15, 2009 To: Mark Grimes, Director of Planning and Development From: Stacy Altonen, Chief of Police Proposed Changes to 3rd Lair Conditional Use Permit Subject: It is my understanding that 3rd Lair Skate Park has applied for an amended Conditional Use Permit, inclusive of allowing the business to be open all night to host private parties. I would like to formalize my opposition to this proposed amendment, on the basis of crowd control and safety concerns. In previous dealings with 3rd Lair, it has become apparent that existing conditions of permitted use have been violated on several occasions, including being over-capacity, parking and remaining open for business beyond allowable hours of operation. I am not confident the current owners/managers have an overriding eye toward the safety of all patrons and employees. To that end, I have serious concerns about authorizing the business to host overnight parties, as the Police Department would have no knowledge of the size or nature of the parties, and would only learn of poorly planned events (in terms of number of guests and activities) after something went wrong and officers were forced to respond to a problem. The City of Golden Valley requires advance knowledge and a security detail for certain events held at Brookview Community Center. This requirement is in place so the City can screen proposed activities to avoid foreseeable crowd and safety issues. The typical 3rd Lair customer is a young juvenile demographic, often without onsite parental supervision. To expose these customers to dangerous business operations without regulatory oversight would almost certainly be viewed as negligence and deliberate indifference on the part of the City of Golden Valley. If the City of Golden Valley is inclined to grant an amended Conditional Use Permit to 3rd Lair, I would at least request the implementation of a screening and approval process for all proposed events prior to authorizing the event so that the Police Department would have some prior knowledge of the anticipated crowd size and type of event being hosted. Any police security needs should come at the expense of 3rd Lair. I would welcome the opportunity to discuss this issue further should you or Council wish to do so. ire Depa~H~y urn Fire Department 763-593-8065 I 763-593-8098 (fax) To: Mark Grimes, Director of Planning and Development From: Ed Anderson, Deputy Fire Marshal Subject: CUP Amendment, CU95-A 1 Application Date: December 3, 2009 The Golden Valley Fire Department staff has reviewed the application for the Conditional Use Permit CU95-A 1 amendment for the 3rd Lair Skate Park, located at 850 Florida Avenue South. The Golden Valley Fire Department comments are as follows: 1. Provide to the fire department an occupancy capacity calculation to determine the means of egress in accordance with the Minnesota State Fire Code. This capacity calculation shall include, but not limited to, the standing room and seating capacity of the entire structure. The occupancy capacity calculation information shall be submitted to the Golden Valley Fire Department from a registered architect that is licensed in the State of Minnesota. 2. The outdoor area to be used by persons in this complex and in addition to the occupants of the building, the path of egress travel from the outdoor area passing through the building needs of egress requirements for the building shall be based on the sum of the occupant loads of the building plus the outdoor areas. 3. The egress system for the building shall meet the requirements of the Minnesota State Fire Code. 4. The current building site shall meet the fire code regulations in accordance with the Minnesota State Fire Code. 5. The fire alarm and fire suppression system located in the building shall be tested and inspected annually. The annual test result shall be submitted to the Golden Valley Fire Department for review. If you have any questions, please contact me at 763-593-8065 or eanderson(QJci.qolden- valleV.mn.us. , Jan. 7. 2010 11:43AM ..'"TEAM " ", PROPERTIES,INC. 4725 Hi'ghway 7 St..Lou.is Park, MN 55416 Office: 952-920~8555 Fax: ~(52~54B-98g0 vIsion Dank No. 1594 P. 2 o_e9 ~~~~ January'?, 2010 City of Golden Valley Attn: Linda R. Loomis, Mayor Attn: City'Manager Attn: Planning Commission , Don Keysser, Chair David cera LesEck John Kluchka Dean McCarty SteveSchmid~1 Cathy Waldhauser Mark Grimes, Director of Planning and Dev~lopment Re: , 800 Florida Avenue South , . Propos81 ,for Skateboard Park , Dear Golden Valley City Officials: I am writing to express my concerns regarding the attached skateboard park proposed for 800 " Florida Ave. S. I own the adjacent property at 7~O Florida Avenue South and my tenants and I have already experienceq sen9J!,~J:!tQblems with, intr\1si~tts.2:P the property by the occupants of 800 Florida:TWIn be out oftown onIanuary'Tlthwheii"tbe Planning Commission will be conducting " the informill. public hearing but wanted to share niy thoughts and those of my tenants. In general, I find the proposal before the Commission to be ridiculous and discriminatory. I was planning on adding an addition on to my existing building to provide my food shelf tenant with , needed additional space. I was told not to bother applying for a permit for the expansion since we cowdti.ot compl)' with the parldng requirements. , However~ in the proposal for 800 Florida before you, the Commission is stiggesting that almost 00 parking is needed by our neighbors due to a "hardship" exception. When I discussed the expansion fo~the food shelf, I was told I don't have olie. Wha4 exactiy, is the hardship applicable to the btisinessoPeration at 800 Florida? Is a nonprofit food shelf less important than a for profit skate park and less deserving ofthe City's consideration? Approval of the proposal for 800 Florida Avenue is discriminatory in another way as well. When I attem.pted to,exercise my rights under an e~emen~ agreement between me and owner of the old J an. 7. 20 1 0 11: 43 AM VI sian Dank No, 1594 p, 3 Crown Packaging building to the west and fonna11y subdivide the parcels. (effectively, splitting the driveway), I was denied approval from the City because our property is nOW "non-confonning", While I can live with the easement, not being able to formally separate the parcels creates unnecessary headaches for me. On the other hand, the City has allowed 800 Florida Avenue to continue to operate in violation of the relevant conditional use permits because of the lack of parking required for its current usage. I even pointed out that one of the emergency exits on the north side could be blocked by a car as the exit goes directly onto my property. I don't lrnow if this has ever been addressed. I certainly expect that a fire inspection will make sure the kids are safe. With regards to the operation of the property, we still have their patrons parking on our property as they do not hav~ enough parking. We have it posted but we do not police the lot. This is especially true when they have special events. To my knowledge they already have 24 hour 7 day a week events. When these occur the trash on our property is huge, They have been good about cleaning up occasionally but not during these events. Most of the trash is from their patrons buying food at Burger King and Taco Bell. I understand that the owners get along very well with our tenants with regards to most other issues. We want to be good neighbors and think what they do is good for the kids in the conununity. The City MUST impose certain requirements on the owners of800 Florida Avenue if their request is approved. . . Security needs to be posted during special events on a 24n basis to keep patrons' vehicles off our property. Otherwise) we will be forced to start towing vehicles parked on our property. . Neighborhood trash pickup not less than twice daily needs to be imposed. My tenants should not have to bear the expenSe of cleaning up after persons attracted to the vicinity by our neighbor's special events. As far as my concerns about the manner in which the City has treated our requests for reasonable modifications to the property, my tenants and I just do not understand the double standard and would like an explanation as to why we are being treated lll1equally. Sincerely) ~Pr Mark Saliterman President Direct: 612-718-8282 mark@bankwithvision.com ..... OUTDOOR RAMP AREA " l..._ ......:-" " .. " ..... I', "', ... '- ... " \. ... \. \. \. \. \. \. \ \ \ \ \ l 1 I' I ,. 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