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05-09-11 PC Minutes Regular Meeting of the Golden Valley Planning Commission May 9, 2011 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, May 9, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kisch, Kluchka, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City Planner Joe Hogeboom, and Administrative Assistant Lisa Wittman. Commissioner McCarty was absent. 1. Approval of Minutes March 28, 2011 Regular Planning Commission Meeting MOVED by Cera, seconded by Kluchka and motion carried unanimously to approve the March 28, 2011 minutes as submitted. 2. Informal Public Hearing —Zoning Code Amendment—Adding High Density Senior and Physical Disability Housing as a Conditional Use in the Medium Density (R-3) Residential Zoning District Section of City Code —ZO00-86 Applicant: City of Golden Valley Purpose: To allow higher density senior and physical disability housing with a Conditional Use Permit in the Medium Density (R-3) Residential zoning district Hogeboom explained that as a result of the Comprehensive Plan update in 2008 there are several areas in the City designated for High Density Residential. There are finro areas in particular that would have to be rezoned to High Density Residential (R-4) which might not be appropriate for the levels of traffic associated with a high density use. He stated the consensus of the City Council is that senior housing may be a good option for these areas because there is typically less traffic and it is not at peak hours. As a result, staff is recommending that the Zoning Code be amended to add High Density Senior and Physical Disability Housing as a conditional use in the Medium Density (R-3) zoning district so that these areas could be rezoned to R-3 instead of R-4. Grimes added that this proposed change allows the City to require a traffic study as part of the Conditional Use process which is another reason staff feels comfortable with this recommendation. Kisch asked if there were additional constraints considered beyond height limitations in the R-3 zoning district. Hogeboom said there aren't any additional tests that developments have to meet beyond the tests already required when considering a Conditional Use Permit application. Grimes stated that a development would still be subject to setback requirements, impervious surface requirements, parking requirements, and other R-3 zoning district requests when applying for a Conditional Use Permit. Waldhauser opened the public hearing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 2 Larry Kueny, 7303 Ridgeway Road, said there is talk of a developer wanting to build senior housing at the corner of Harold and Winnetka. He said his main concern is if the developer owns the properties in question and if the property owners have been contacted by the City regarding the rezoning of their properties. He said he is also concerned about the area being "pigeon holed"for senior housing and he does not understand the process. Hogeboom explained that there is a developer who has an option to purchase six of the approximately 18 properties in the Harold and Winnetka area, but they have not submitted an application for development at this point. He explained that there will be a public meeting/open house for residents on June 23 and notifications will be mailed in advance of that meeting. The meeting will present road improvements for Harold Avenue and the impact of higher density housing on the proposed and existing street system. Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing. Waldhauser asked if the City could deny a request or place further restrictions such as height limitations on developments if they are required to obtain a Conditional Use Permit. Grimes stated that conditions could be added as part of the Conditional Use Permit application process. However, there would need to be good reasons and findings in order to deny an application. Waldhauser said the proposal seems to be a good solution to providing more housing options and will give the City more latitude and control when considering Conditional Use Permit applications. Segelbaum noted that the definitions for Senior Housing and Physical Disability Housing should be capitalized when they are used in the Zoning Code. MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend approval of amending the City Code to allow High Density Senior and Physical Disability Housing with a Conditional Use Permit in Section 11.23, Medium Density (R-3) Residential zoning district based on the following findings: • Senior and Physical Disability housing creates lower levels of traffic than does intergenerational housing. • Traffic generated from Senior and Physical Disability housing residents and employees typically occurs during off-peak times. • Dwelling units in Senior and Physical Disability housing can be smaller, on average, than dwelling units in intergenerational housing. (As would be the case in memory care and assisted living communities.) • Senior, Physical Disability, and lifecycle housing is identified in the Comprehensive Plan as a needed housing product type in the City of Golden Valley. • Allowing higher density Senior and Physical Disability housing to be built in the Medium Density Residential Zoning District (R-3) would provide more opportunities to increase the housing type in the City. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 3 3. Informal Public Hearing —General Land Use Plan Map Amendment— 9110 Golden Valley Road — CPAM-45 Applicant: City of Golden Valley Address: 9110 Golden Valley Road Purpose: To change the designation on the General Land Use Plan Map from Light Industrial to Medium Fiigh Density Residential Hogeboom referred to the General Land Use Plan Map and explained that there are four separate areas that need to be redesignated due to the Comprehensive Plan update done in 2008. He explained that the City Council has reviewed these four areas and has determined that they do not wish to rezone the properties at this time. Therefore, the Land Use Plan Map has to be changed back to how it was before the 2008 Plan update so that the Zoning Map and Land Use Plan Map are consistent. He referred to the first area in question which is 9110 Golden Valley Road and stated that it is being recommended that the land use designation be changed from Light Industrial to Medium High Density Residential. Cera asked what would happen if the property were changed to an office use. Hogeboom stated that the Zoning Map and Land Use Plan Map would have to be amended at that time. Kisch asked if changing the land use designation back to what it was before the Comprehensive Plan update would be going against what was already decided by the public process. Kluchka expressed concern about "spot zoning." He asked about the possibility of allowing apartments as a conditional use in the Light Industrial zoning district. Grimes explained that the apartments on this property provide a number of affordable units and the City Council has stated they'd like to maintain it. Segelbaum asked about the impact to the property if it were to become a non-conforming use. Hogeboom stated that the property could continue to be used as a multi-family property. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka said he is not in support of the recommended action to redesignate the property to Medium-High Density because it appears to be "spot zoning", the apartment buildings are allowed to remain, and there is the clear ability to improve the property. He added that his preference would be to have something non-residential on this property. Cera said he feels conflicted because if the designation is changed, the apartment buildings could be removed which he doesn't want. If the designation is not changed, an Minutes of the Golden Valley Planning Commission May 9, 2011 Page 4 applicant would have to come before the City to ask for the properiy to be redesignated and rezoned if they wanted to redevelop this property for a different type of use. Kisch said keeping the property as it is would be a disservice and ultimately the market will dictate what will develop on this property. Waldhauser added that the process to amend the Zoning Map and the General Land Use Plan Map is lengthy and she speculates that re-designating the property now is an easier way to allow senior housing. MOVED by Kluchka, seconded by Cera and motion carried unanimously to recommend denial of changing the designation on the General Land Use Plan Map from Light Industrial to Medium High Density Residential for the property at 9110 Golden Valley Road based on the following findings: • Having one residential parcel in the middle of a business/industrial area could be considered "spot zoning." • If land use remains "light industrial", existing apartment complexes can remain in place as legal non-conforming uses, and can be improved or replaced as needed. • Reverting the land use designation to residential would go against the planning process that was involved in the Comprehensive Plan revision of 2008. 4. Informal Public Hearing —General Land Use Plan Map Amendment— 2040 Douglas Drive — CPAM-46 Applicant: City of Golden Valley Address: 2040 Douglas Drive Purpose: To change the designation on the General Land Use Plan Map from Medium-Low Density Residential to O�ce Hogeboom referred to a map of the property located at 2040 Douglas Drive. He stated that the recommendation is to redesignate the property from Medium-Low Density Residential to Office so that the property will not become a non-conforming use when the property is zoned Residential. Kisch asked if this property was designated Medium-Low Density Residential before or after the Douglas Drive Corridor Study. Hogeboom said the property was designated Medium-Low Density before the Study. Kisch noted that the Study calls for this area to be mixed use. Grimes stated that the City may have to look at the zoning in the Douglas Drive Corridor in the future as land uses change. � Waldhauser stated that the current designation for this property is Medium-Low Density Residential which is what is intended for the areas surrounding this property according to the long-term future uses identified in Douglas Drive Corridor Study. She added that she has the same concerns with this property as the area previously discussed. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 5 Kluchka said he is not in favor of this recommendation because the original direction for this property was identified through the Comprehensive Plan public process and the Douglas Drive Corridor Study directed the area for mixed use. He said he is not sure he wants to consider the Douglas Drive Corridor Study over the Comprehensive Plan but the request for office use is neither mixed use or residential. Hogeboom explained that the Douglas Drive Corridor Study is part of the Comprehensive Plan but is not reflected on the General Land Use Plan Map. Kisch stated that maintaining the property as an office use seems to fit with the vision of mixed use as stated in the Douglas Drive Corridor, so while it seems to be spot zoning he would support an office use for this property because it fits with the larger vision. Segelbaum agreed and said he thinks office is an appropriate use at this property. MOVED by Cera, seconded by Kluchka and motion carried 5 to 1 to recommend denial of changing the designation on the General Land Use Plan Map from Medium Low Density Residential to Office for the property at 2040 Douglas Drive based on the following findings. Commissioner Segelbaum opposed. • Having one office parcel in the middle of a residential area could be considered "spot zoning." • If land use remains "medium-low density residential", existing office building can remain in place as a legal non-conforming use, and can be improved or replaced as needed. • Reverting the land use designation to Office would go against the planning process that was involved in the Comprehensive Plan revision of 2008. • The Douglas Drive Corridor Study identified this area as primarily residential in character. 5. Informal Public Hearing — General Land Use Plan Map Amendment— 1100, 1170, 1200 & 1300 Douglas Drive and 6200 & 6212 Golden Valley Road — CPAM-47 Applicant: City of Golden Valley Address: 1100, 1170, 1200 & 1300 Douglas Drive and 6200 & 6212 Golden Valley Road Purpose: To change the designation on the General Land Use Plan Map from High Density Residential to Medium-High Density Residential Hogeboom referred to the properties on a location map. He stated that this property is currently designated for High Density Residential and is being proposed for re- designation to Medium-High Density. He explained that the City Council has stated they feel this site would be suitable for high density senior housing, but may not be suitable high density non-senior housing because of the traffic impacts associated with High Density residential uses. If high density senior housing is allowed with a Conditional Use Permit, as previously discussed, then this site would still be able to accommodate high density senior-oriented housing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 6 Cera referred to the single family properties in this area and asked if they would become non-conforming if they are re-designated to Medium-High Density Residential. Hogeboom said they would become non-conforming. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka asked how this area was identified in the Douglas Drive Corridor Study. Kisch noted that the Study calls for residential in this area but doesn't specify the density. Kisch stated that he believes designating the property Medium-High Density would mitigate the traffic issues in this area and he also believes in this case re-designating the property to Medium-High Density would not constitute "spot zoning" because it fits well with the current General Land Use Plan Map and the adjacent land uses. Kluchka agreed that re-designating the properties to Medium-High Density meets the original intent of the research done for the Comprehensive Plan Update. It also fits with the Commission's recommendation to modify the R-3 Zoning District to allow Senior and Physical Disability Housing as a Conditional Use. Schmidgall said he is also in favor of this recommendation and he hopes to avoid another Applewood Point type of project at this location. MOVED by Kisch, seconded by Segelbaum and motion carried unanimously to recommend approval of changing the designation on the General Land Use Plan Map from High Density Residential to Medium-High Density Residential for the properties located at 1100, 1170, 1200 & 1300 Douglas Drive and 6200 & 6212 Golden Valley Road based on the following findings: • High density senior housing may be appropriate for this location. • High density non-senior housing may have traffic levels that cannot be sustained at this location. • The City Council has identified this area as an appropriate location for long-term medium-high density residential use, 6. Informal Public Hearing —General Land Use Plan Map Amendment— 5635 8� 5701 Glenwood Avenue — CPAM-48 Applicant: City of Golden Valley Address: 5635 and 5701 Glenwood Avenue Purpose: To change the designation on the General Land Use Plan Map from Medium-High Density Residential to Low Density Residential Hogeboom referred to a map of the properties located at 5635 and 5701 Glenwood Avenue. He stated there are currently two single family homes located on these properties. He explained that there are multiple family dwellings nearby so it was originally thought these properties should also be designated for a higher density use. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 7 Upon further review it was realized that these properties are not large enough to support a multi-family development so the recommendation is to re-designate the properties to Low Density Residential to reflect what is currently there. Kisch asked about the limitations of expanding the homes on these properties if the designation is changed to Medium-High Density. Hogeboom said the homes could be expanded if they meet the requirements of the Zoning Code. Kisch asked if a condition could be placed on these properties stating that no expansion would be allowed. Hogeboom stated that conditions cannot be placed rezoning applications. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment Waldhauser closed the public hearing. Segelbaum said he is in favor of keeping the density low in this area. Cera said he thinks keeping the properties designated Medium-High Density Residential is in keeping with the spirit of the Comprehensive Plan and it would allow the existing properties to remain. Kisch said he doesn't want the properties to become non- conforming. Grimes explained that if a developer wanted to develop these properties they would have to come before the City Council and ask for a Comprehensive Plan Amendment and a Rezoning. MOVED by Segelbaum, seconded by Cera and motion carried 5 to 1 to recommend approval of changing the designation on the General Land Use Plan Map from Medium- High Density Residential to Low Density Residential based on the following fin'dings. Commissioner Kluchka opposed. • Rezoning this area to Medium-High Density (R-3) Residential would render the homes as non-conforming uses. • The City Council has identified this area as an appropriate Iocation for long-term low density residential use. --Short Recess-- 7. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Grimes reported that the adult day care on Boone Avenue will be coming to a future Planning Commission meeting to amend their Conditional Use Permit to allow for more clients. Segelbaum handed out the recently passed state statute regarding the new variance language and discussed the new language regarding practical difficulties. Hogeboom stated that the Council will be discussing the consolidation of the Board of Zoning Appeals with the Planning Commission at the May 10 Council/Manager meeting. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 8 8. Other Business Waldhauser stated that the Commission needs to nominate a new Secretary since Les Eck chose not to be reappointed when his term ended. MOVED by Schmidgall to nominate Cera to be Secretary, Segelbaum seconded the nomination and the motion carried unanimously. 9. Adjournment The meeting was adjourned at 8:50 pm. �i � David Cera, Secretary