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08-22-11 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Fiall, 7800 Golden Valley Road Council Chambers Monday, August 22, 2011 7 pm 1. Approval of Minutes July 25, 2011 Regular Planning Commission Meeting 2. Continued Informal Public Hearing — Conditional Use Permit Amendment— 1930 Douglas Drive - CU 42-03 Amendment#2 Applicant: Northern Tier Retail, LLC (SuperAmerica) Addresses: 1930 Douglas Drive Purpose: To allow the existing SuperAmerica store to remain open for business 24 hours per day. The property is located in the Commercial zoning district. 3. Informal Public Hearing — Property Rezonings — Properties located north of Harold Avenue, south of Highway 55, west of Glenwood Avenue and east of Winnetka Avenue. The properties west of the Spirit of Hope United Methodist Church are proposed to be rezoned to "Medium Density(R-3) Residential" and the properties to the east of the Spirit of Hope United Methodist Church are proposed to be rezoned to "Moderate Density(R-2) Residential." Applicant: City of Golden Valley Addresses: Properties located north of Harold Avenue, south of Highway 55, west of Glenwood Avenue and east of Winnetka Avenue Purpose: To bring the properties into conformance with the recently updated General Land Use Plan Map --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 aiternate formats may include large print,elec�ronic,�raille,audiocassette,etc. Regular Meeting of the Golden Valley Planning Commission July 25, 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, July 25, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kisch, Kluchka, McG'arly;�Schmidgall, and Waldhauser. Also present was Director of Planning and Developr�ient Mark �rimes and Administrative Assistant Lisa Wittman. Commissioner Segelbaum w�s absent. , ,�;. 1. Approval of Minutes ' ''� � ° ' .�, °�', June 27, 2011 Regular Planning Commission Meeting �� ,�� r �,�.�� i <A� �,s Cera referred to the third sentence on page 2 and sfi�ted the�firsf�use of the word "to" should be removed. MOVED by Kisch, seconded by McCarty and motian carried�unanimously to approve the June 27, 2011 minutes with the above noted correction. 2. Informal Public Hearing —,CQnditional Use F?ermit Amendment— 9315 Medicine Lake Road — �U-68 Amend'ment#1 Applicant: McDor�ald3s�USA, LLC Addresses: 9315 M�dicine Lake Road Purpose: To allow for the addition of a second drive-thru lane for property located `rn tine Commercial zoning district. Grimes referr�d �to a�site°plan of the property and explained that McDonald's is proposing to remode,l th�ir store�:�i1d`�add a second drive-thru lane. In order to add the second drive- thru Iane;�IVlcDonald's needs to amend their existing Conditional Use Permit which was iss��,d in 199'T,F He:referred to the Deputy Fire MarshaPs memo and noted that in order to improve fire access on the site the drive aisles need to be increased to 20 feet in width which will reduce the parking on site. McDonald's will be asking the Board of Zoning Appeals for'� variance from the parking requirements as well. Grimes stated that staff is recommending approval of this request because new plan allows for better emergency access and the drive-thru configuration will allow more capacity for stacking cars in the drive-thru lanes. Kisch referred to the proposed site plan and questioned if the Deputy Fire Marshal is satisfied with the 20-foot drive aisle ending at the Mendelssohn access. Grimes said it is his understanding that the Deputy Fire Marshal is satisfied with McDonald's plan and it will be an improvement over the current conditions. Minutes of the Golden Valley Planning Commission July 25, 2011 Page 2 Kluchka questioned why the Planning Commissian reviews drive-thru proposals. Grimes explained that the City's biggest concern with drive-thru requests is to make sure they don't cause problems with traffic backing up on the public streets. He added that staff also has concerns about potential speaker noise with drive-thru operations. Waldhauser added that exhaust and smells could also be of concern. Brian Johnson, Architect with Reprise Design, explained how they are meeting the requirements of the fire code. He explained the proposed drive-thru procedure and described the layout of the order kiosks and cash booth and how the layout,will provide faster service and allow more room for stacking cars. Kluchka asked if there are any plans for enhancing the landscap,irtg. Johnson sai�;�yes there will be landscaping added to the site. Kluchka said he would also like ta encourage the addition of bicycle racks. Grimes stated that a condition of approval should be added requiring McDonald's to provide a rack for 5 bicycles. :�, Kisch referred to the demonstrated need for use requirerr��e�n�,in�t�l;e City�Code and noted that the applicant's narrative states that the volume'is increasing but he questioned if the sales have also increased. Ray Croaston, Applicant, explained that when the restaurant was originally built the drive-thru sales were.approximately �45% of their business. Now the drive-thru sales represent approximately 65% to 70% pf sales. He stated that with the remodel they are anticipating the sales volume going up and they are also reviewing their entire landscaping plan. Waldhauser asked if there will be any change to the signage. Croaston showed the Commission an elevation sketch of=the,;�proposed remodeled store and noted that there will be slight changes in the`signage �' Kluchka asked if ther-e is currently a problem with cars stacking. Croaston said the new drive-thru configuratiqri will_help;with the flow. Waldhauser asked if the playland area will remain. Croaston said yes and explained that the demographic information shows that a playland makes sense in this location. Kisch asked if the number of seats in the dining room will change. Croaston said the dir�ing room v�ill be completely remodeled and there will probably be fewer seats. McCarty��ske��f they will have enough parking spaces if their variance request is granted.��'�ston said yes and added that he has worked with other stores that have the same sales volume that have 50 to 60 parking spaces. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to recommend approval of amending Conditional Use Permit CU-68, 9315 Medicine Lake Minutes of the Golden Valley Planning Commission July 25, 2011 Page 3 Road, to allow for the construction of a second drive-thru land subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. 2. The site plan prepared by Reprise Design and titled "McDonald's Restaurant" shall become a part of this approvaf. 3. There shall be a minimum of 78 parking spaces on the property. 4. All improvements to the building must meet the City's Building Code requirements. 5. All outdoor trash and recycling containers must be screened in a ma�r��rPacceptable to the Inspections Department. ' 'a;� 6. A bicycle rack with space for at least five bicycles shall be installed�and shall¢�be secured to either the ground or building. , ��`� ' '°� F; , 7. An Infiltration and Inflow Inspection and required compliance rehab,ilitatiti��i��E�ntified by the inspection must be completed prior to approval of'fhe �mended CUP �y the ��. City Council. If the rehabilitation cannot be completed by�he time,of th��°pproval of the amended CUP by the City Council, McDonald's,U,SA, L�C m��r p��t an escrow (in a form approved by the Director of Public Works) of 1�5a1o..of tl�e estimated cost to complete the rehabilitation work. The work must be done withii� 90 days of approval of the amended CUP by the City Council. If the:work is n�t,completed by that time, the City has the right to use the escrow to complete the work; 8. The requirements found in the memo to Mark Gri�nes, Riirector of Planning and Development, from Ed Anderson, Deputy Fire Marshal `and dated July 19, 2011 shall become a part of these requirem�,n#s � � � � �� 9. All other applicable local, state�'and'�federal requirements shall be met at all times. ,,; The Planning Commission ba�es ifis r.ecommendation on the following findings: • The proposed design will,reduce the back-up of traffic onto the street. • The proposed de�ign will create better emergency access roads and driveways than currently on the sit�: q � _, �� '� � �� --Short Recess-- �, ,, ;,> ;� �� '; 3. Rep�or,�s,aon'll�eet��n�gs of the Housing and Redevelopment Authority, City Cc�u�nG,��;°��1��rc��f�Zoning Appeals and other Meetings ��;G:a, r., ,� a� , � Ki�ch repor�#�,�,on�t�e July 19 City Council meeting where the Council adopted the ame��ed Board of'Zoning Appeals language and the language regarding Temporary Uses ` � : � � �`,� � �� Grimes announced that SuperAmerica is having a neighborhood meeting to discuss their proposed Conditional Use Permit Amendment on August 4, 2011 at 7pm at Brookview Community Center. 4. Other Business Minutes of the Golden Valley Pianning Commission July 25, 2011 Page 4 Kluchka questioned how to get the City Council to look at public health policies. He also said he would like to creatively look at how the City approaches and promotes public health and how the City can get businesses to support public health policies. Kisch suggested staff review other communities parking requirements. Grimes agreed. Waldhauser noted that the MnAPA state conference this year is being held in St. Cloud in September. Commissioners Kluchka, Waldhauser and Kisch expressed interest in attending. Grimes said he would review the budget for conference expenses and send the Planning Commission the website information to register for the conferer�� ; . 5. Adjournment , The meeting was adjourned at 7:45 pm. ; s� 4^',��q �� u �t� �II�� fr . i, "�. David A. Cera, Secretary �.. �,,�, k' a�, >! r r� �']• t;' , , d! Gs i " �� < <t' jt�F, ��: Y�t� � � ;.ul� ,�;. ��. � � ' " _ � i:�:, � 1��,1{� n Planning V � 3 :� 763-593-8095/763-593-8109 (fax) Date: August 16, 2011 Ta: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Continued Consideration of Amendment to Conditional Use Permit (CUP) No. 42, SuperAmerica Station at 1930 Douglas Dr., Northern Tier Retail LLC, Applicant. At the June 27, 2011 Planning Commission meeting, the Commission held an informal public hearing to consider an amendment to the CUP for SuperAmerica at 1930 Douglas Dr. After the hearing was closed and a number of persons spoke, the Commission tabled the request in order to give the applicant time to meet with persons living in the neighborhood and address concerns raised at the informal public hearing. The amendment is being requested by Northern Tier Retail in order to allow the SuperAmerica gas/convenience store to be open 24 hours per day. The CUP now allows the store to be open only from 6 am to 11 pm. Several persons spoke at the informal public hearing. The attached minutes of the meeting outline the concerns of those that spoke. The Planning Commission suggested that Northern Tier have a meeting with the neighbors to determine if there were measures that could be taken to make the increased hours acceptable to the neighborhood. Northern Tier agreed to meet with the neighborhood. This was done on August 4, 2011 at Brookview Community Center. The applicant was given the City mailing list for the informal public hearing and notices of the neighborhood meeting were sent to those people. As stated in the attached letter dated August 8, 2011 from Karla Bigham of Northern Tier, the comments made at the meeting were similar to the ones made at the informal public hearing. l"his letter from Ms. Bigham outlines what Northern Tier will agree to as part of an amended CUP to allow 24 hour operation. The 11 points in her letter relate to the 11 items in my memo dated June 21, 2011. My recommendation remains the same as in my memo from June 21, 2011. Attachments Location Map (1 page) Planning Commission Minutes dated June 27, 2011 (3 pages) Letter from Karla Bigham, Northern Tier Energy/SuperAmerica, dated August 8, 2011 (2 pages) Memo to Planning Commission dated June 21, 2011 (4 pages) 72 0 �_l°1�°��'�'D 5�00 I � �� 75 � � 2158 � 1rVestmarc 1Nay. `- _ � 2148 t 75D 027' 0055gq 2155 i 21$0 2155 � ! o y�� 2725 � �3102 a122 2115 j �� $�00 934 b910 i 39 aiao ' � �" "Kennettt�!Vay• _ f Z101 t 2040 � 2�1 046 , t ..- �1 3 2tld1 m i 2020 ' � a10 2130 � c � � 2010 20D5 `�' Bt�fl 1 1 i � �a � � 2�00 �t�s ti ys� ' �� ? �� 9ra � � i , "--�V ' - ` buluth Sr - - --� - 4 � 1950 Subject Property � j%' ��5 ' � � � � �� 9�ec s� , -• � ' , . 1 1931 . 9ZT .Lo9�'s�Pe�d + - ' „ `-..'..`++� � 2�� 1821 D 1920 ' i ��I g�jg �, �- `''"�._ �+ � �'15'1'0�1�8 � 8��tf K 1810 �6 � � S02 80t10 3 `�.,�� r,.�--- -----t- � �4 y' / � _ `Dututh La- -- � 18$0 2 3 . `°r.�+r � + �3sfc�5� 1$0 I $d5 603 801 $0� j� h i i7d5� 1 1880 $ Noneyarer!Foltd:2 7 �!+ 10 1�20 i '�i�� 9140 j 8050 0 fl0� 20 �q 3 6544 0 8630 6520 Ho�eywell l+ahd ' 1 4 `�` 5120 i y,+o�betry -- ., .. 1710 540 �1 10� 14 q•� � �055 bY5 U05 9�" .•.• S.4 � 1i �� 1792 1741 ' $s 8S3 � yd � d30 ! �� a t 7pm S9 s 5901 �— ' 852�'/T �hl,,s� -¢ 0 1427 6 • ,,, s J�r o 5 1676 1fi75� 25 � e.?I ._ � , c t ' p ��&OI 1620 ��-, 1431 � " ' l 020 5940 R,.,; iS6$ 1555 w $19 � y -- w � 03 59 0 5920 Og � t ��i� 'a i -0�3p �� C`21�= 1S5$ 1645 t° $� 1 �j 61fl 5� -. � � 1441 � •� 8860 C114' ,i j � 32s ._ � \ i so 8o4s _ __��roix Park � 1Gd0 1807 810 3p -- - - - ~ z 1 , t 1 e ' - - - -• ~- - -- -- -- - - 2 � �B 1 51 1BU �1600 423 332 �� 1$0 �1 3 �- 1511 � 1510 163H ;� 680 929 919 ST 0 670 B53 410 83 1521` - - -' '" � 5�21 B 2 �53 4 Qly►np6a.St__.,�_ __j p��01 � 1820 1829 t� 1�40 '��,��4 163� ` � 68 9 1� 4U525 31 830 i "'t�w,�1 1531,� 1530 1619 �i �3 �� `D r G2 2�3 I ,,r , 3�i"i'' 7SA�'ia 540 Bfi9 r 20d;: 720 �� 40 528 8540 � sfl 40 32 631 630 � 4t12 g s g� �� 6 3D � 20 � _ Bd 0 d0 55'� ti 1601 ,� � - - -�-� - -YJ'Fnsdate St_.s; _ _. � - -- - -- - - -i ��D2 ' 600 � a� �as d 5 53 435;`c 43 642 64fl 37 i '� 5825 i r 8 1 z 83 � 5 012D1 � 571 � 14ZS ; � � t 312,309,-30 q3g 1375� a�e�a»-,n��s e��;c�.�s�sou � � �y0810S.9A2 s2an 1385`, Regular Meeting of the Golden Valley Planning Commission June 27, 2011 regular meeting of the Planning Commis ' n was held at the Golden Valley City Hall, ncil Chambers, 7800 Golden Valley Ro d, Golden Valley, Minnesota, on Mon , - , Jun 7, 2011. Chair Waldhauser called th meeting to order at 7 pm. �'`� �� Those pr nt were Planning Commission rs Cera, Kisch, Kluchka, `�arty, Schmidgall, Segelbaum d Waldhauser. Also presen as Director of Plannj -"and Development Mark Grimes a dministrative Assistant isa Wittman. ��"� � �. 1. Approval of Mi es � �,,, June 13, 2011 Regula nning C mi on Meeting ^.. Kisch referred to the first sentence in st paragraph on page 2 and stated that he would like the words 'bccupancy loa ` h � d to "maximum number of clients the daycare facility can be licensed f . Kisch referred to the first s ence in the rst paragraph age 3 and stated that he would like the sentence, ` rified to ask if e client Ioad increa` ould the number of parties also increas � Waldhauser r , red to the fifth paragrap on page 3 and stated that she w like the sentence c ied that she wanted to kn the applicant's plans for screening dumpste . M D by Schmidgall, seconded by Ce and motion carried unanimously to approve June 13, 2011 minutes with the abov noted changes. 2. Informal Public Hearing —Conditional Use Permit Amendment— 1930 Douglas Drive - CU 42-03 Amendment#2 Applicant: Northern Tier Retail, LLC (SuperAmerica) Addresses: 1930 Douglas Drive Purpose: To allow the existing SuperAmerica store to remain open for business 24 hours per day. The property is located in the Commercial zoning district. Grimes explained the applicant's request to amend their existing Conditional Use Permit (CUP) to remain open for business 24 hours per day rather than 6 am to 11 pm as their current CUP allows. He noted that in 1996 SuperAmerica came before the Planning Commission with the same request. At that time the Planning Commission tabled their request in order to allow SuperAmerica time to discuss the issues with the residents in the neighborhood. The 1996 proposal was ultimately withdrawn by the applicant. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 2 Grimes referred to the site plan and photos of the properly and discussed the following concerns he has regarding this proposal. He would like an acoustical engineer's report showing that noise from the loudspeakers cannot be heard at any of the property lines. He would like the applicant to ensure they are in compliance with the City's sign ordinance and he would like a lighting plan submitted to ensure compliance with the City's lighting ordinance. Waldhauser asked if the applicant has re-done the loudspeaker system since the last time they requested a CUP amendment. Grimes said no and noted that a condition in their existing CUP stated that there can be no use of the loudspeakers after 10 pm. Segelbaum asked about other gas stations in the area which may be open 24-hours. Waldhauser stated there is a 24-hour gas station at Hwy. 100 and Duluth near Byerlys. Grimes stated there is also a 24-hour SuperAmerica at I-394 and Louisiana. Schmidgall asked if the speaker system is a requirement of the Deputy Fire Marshal. Grimes said yes and explained that state law requires there to be a way for employees to communicate with people at the pumps. . Kisch asked how this SuperAmerica fits in with the Douglas Drive Corridor Study. Grimes noted that SuperAmerica fit in with the study of the area and the study did assume there would be a retail use at this corner. Karla Bigham, Public Affairs Coordinator/Paralegal, Northern Tier Energy/SuperAmerica, referred to questions regarding the use of the loudspeakers. She stated that they would consider ceasing the use of the loudspeaker unless it is for an emergency. Cera suggested SuperAmerica have a neighborhood meeting similar to what was requested as a part of the 1996 proposal. Tracy Pink, District Manager, SuperAmerica, stated that he would be happy to meet with the neighbors. Bigham added that would also be happy to look at the lighting and sign ordinances to make sure they are in compliance. Kluchka asked the applicant's if they would consider making their gas pumps credit card only, all of the time. Bigham said they could consider doing that during the overnight hours. Kluchka added that he would also like to limit the use of television screens at the pumps. Pink said they currently have no plans to install television screens. Kisch suggested additional screening (fence or landscaping) along the east side of the site. Segelbaum asked the applicants if they have considered having the gas pumps available 24 hours per day, but not the store. Bigham said they have not had that discussion. Pink added that they would like to have someone on site in case of an emergency. . Waldhauser opened the public hearing. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 3 Bob Parzyck, 2005 Brunswick Ave N, said his concern is noise. Not so much from the loudspeakers but from cars beeping when they are being locked. He added that nothing good happens after 11 pm. Leann Moss, 2020 Douglas Dr N, said she agrees the beeping cars are noisy. She said a lot of people walk through her yard and leave trash in her yard and she doesn't want more people and more trash in her yard. There is also a big light at the SuperAmerica store that shines in through her living room window. Paul Snodgrass, 2010 Douglas Dr N, said Golden Valley is nice and quiet at 11 pm and he wants to keep it that way. He said that adding trees and changing the lighting at SuperAmerica isn't going to stop the engine noise. He expressed concern about people sneaking around the neighborhood and said he is opposed to this request and would like to keep it the way it is. Marcel Lamour, 2000 Douglas Dr N, said he is the closest neighbor to SuperAmerica and he can hear the noise from the loudspeakers. He said he is worried about his house being robbed and he is against the proposal. Joseph Mastrian, 2101 Brunswick Ave N, said this isn't going to help traffic, the police are going to have to do more surveillance and there is no reason for SuperAmerica to be open later than 11 pm. Paul Snodgrass, 2010 Douglas Dr N, reiterated that changing the lighting and planting trees is not going to help the general roar. He added that he is also concerned that allowing SuperAmerica to be open 24 hours will draw people from Minneapolis. Seeing and hearing no one else wishing to speak, Waldhauser closed the public hearing. Kluchka suggested tabling the applicant's request to allow them time to have a neighborhood meeting. Commissioners Segelbaum, Cera and Kisch agreed that more time would allow the applicant to address the issues they've heard at this meeting and in the staff report. McCarty said that if SuperAmerica is willing to comply with the requirements there would not be a need to table their request. Schmidgall said he is inclined to recommend approval of the request with the condition that more screening be added. He said he feels the site could really be improved with better lighting, screening, fencing, etc. Waldhauser asked the applicants if they would like the Planning Commission to table their request, vote on their request or if they would like to withdraw their request. Bigham said their preference would be to meet with Mr. Grimes and decide from there if they would like to go forward with their request and/or a neighborhood meeting. MOVED by Kluchka, seconded by Cera and motion carried unanimously to table this request. August 8, 2011 Dear Mr. Mark Grimes, Please allow me to respond to your June 21, 2011, memo regarding Northern Tier Retail, LLC amendment to Conditional Use Permit(CUP)No 42. Northern Tier Retail, LLC hosted a community meeting on August 4, 2011, at Brookview Community Center from 7:00-8:OOpm. We mailed meeting notices to the same people the city did for the June 27, 2011, Planning Commission meeting when public testimony was taken on the requested amendment to the CUP. The comments from the residents were reflective of the comments at the Planning Commission meeting. The residents' concerns were about increased noise,traffic, and additional garbage around the store as a result of being open 24 hours. Below are Northem Tier Retail's responses to the conditions listed in the above mentioned memo: 1. We are installing downcasts to the outdoor lights to cast lighting downward. Northern Tier Retail, LLC will submit a lighting plan prior to CUP approval. 2. No additional action is needed from Northern Tier Retail, LLC to satisfy this requirement. Northern Tier Retail, LLC is compliant with this requirement. 3. Northern Tier Retail, LLC will meet with the City's sign inspector regarding the ordinance to ensure compliance with this requirement prior to CUP approval. 4. Northern Tier Retail, LLC will cease using the loudspeaker system at 10:00p.m., unless for emergency purposes. 5. No additional action is needed from Northern Tier Retail, LLC to satisfy this requirement. Northem Tier Retail, LLC is compliant with this requirement. 6. Northern Tier Retail, LLC will comply with this requirement. 7. No additional action is needed from Northern Tier Retail, LLC to satisfy this requirement. Northern Tier Retail, LLC will comply with this requirement. 8. Upon approval of the CUP by the City of Golden Valley,Northern Tier Retail, LLC will comply with this requirement. 9. No additional action is needed from Northern Tier Retail, LLC to satisfy this requirement. Northern Tier Retail, LLC is compliant with this requirement. 10.Northem Tier Retail, LLC is compliant with this requirement. 11.Northern Tier Retail, LLC is compliant with this requirement. Please feel free to contact me with any questions 651-454-7776 ext 217 or karla.bigham(cr�,ntenerg .y com. Thank you for your assistance with this matter. . Sincerely, Karla Bigham, Paralegal/Public Affairs Coordinator Northern Tier Energy/SuperAmerica 2060 Center Pointe Blvd. Ste 1 Mendota Heights, MN 55120 i� } R, } �' � lr{t ,�I ; � ) I �� }�' .. _ .., s � . ... � ;E� � « Planning 763-593-8095/763-593-8109 (fax) Date: June 21, 2011 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Amendment to Conditional Use Permit (CUP) No. 42, SuperAmerica Station at 1930 Douglas Dr., Northern Tier Retail LLC, Aplicant Background Northern Tier Retail, represented by Michael Eareg000d, is the owner of the SuperAmerica (SA) gas/convenience store at 1930 Douglas Dr. N. (southeast corner of Douglas Dr. and Duluth St.). Approximately 22 years ago in 1989, a Conditional Use Permit (CUP) was issued to allow the construction of the current SA store. The site was previously the home of a Mobile gas station. The CUP was required because convenience stores within the Commercial zoning district require a CUP to operate. The previous gas station on the site did not have a CUP because it predated the time when they were needed for a gas station. SA could not just "inherit" the nonconforming status of the old Mobile station because the old service station was razed and SuperAmerica is considered a convenience store. The proposed CUP amendment would allow 24-hour retail sales. They are currently restricted to 6 am to 11 pm. Northern Tier Retail recently purchased all the SA stores in Minnesota. They will continue to operate under the SA banner and not change to Speedway as has happened in other parts of the country. In 1989, there were two public hearings held, one before the Planning Commission and one before the City Council. In review of the reports and minutes from the public hearing, the largest concern of the public related to tra�c and traffic congestion. A traffic study was prepared by the City's consulting traffic engineer. With some minor changes to the plan, the traific engineer recommended approval of the plan. Only one or two people brought up other issues, including noise. The Planning Commission voted 5-2 to recommend approval and the City Council unanimously voted to approve the CUP in 1989. As part of the CUP, there is to be no Ioudspeaker use between the hours of 10 pm and 6 am unless there is an emergency. SA agreed to this requirement. In 1996 SA did request to amend their CUP to allow 24-hour operation. This request was withdrawn after it was tabled by the Planning Commission. Proposed Use of Building and Site As noted in the materials submitted by Northern Tier, there are no changes proposed for the site or the building other than allowing 24-hour operation. At this time SA may operate the store for customers from 6 am to 11 pm. Employees can be in the store outside those hours but no retail business can be done including the sale of gasoline. In 1996, SA proposed the exact same amendment to allow 24-hour operation. This request went to the Planning Commission. The Planning Commission tabled the request in order to give SA time to meet with the neighborhood to discuss noise, lighting, traffic and other issues. Before bringing this matter back on the table at the Planning Commission meeting, the applicant withdrew the application because they had not had sufficient time to meet with neighbors. As indicated in the Planning Commission minutes, neighbors of the SA were concerned about the noise and other issues with the extended hours. The Planning Commissioners did voice certain concerns related to noise, traffic, lighting and landscaping. They felt it would be best for SA to meet with neighbors to understand the request and get input. Such a meeting was not held and SA withdrew the application before it went to the City Council. SA did imply that they would probably request 24-hour operation at some time in the future. I have visited the site on numerous occasions as both a customer and in my capacity as Planning Director. Yesterday I took several photos that are attached. I found the site to be in good repair and free of garbage and debris. The dumpster and air conditioning equipment is screened. The only disturbing item was that a truck was unloading at the site and the tractor portion of the truck was sticking out into the Douglas Dr. right-of-way. (Deliveries are difficult to this site due to the small size of the site. The delivery of goods to the site should not change at all due to the extended hours.) There has been a good growth of trees along the property line to the south and east that blocks the view of most of the store and site from the apartment to the southeast. During the non-growing season, the back of the SA store is more visible to the apartment. SA has indicated that the 24-hour operation would increase customers and the number of employees. � In 1996, Honeywell supported the 24-hour operation. Factors for Consideration for Review of CUP In approving or denying any CUP, City Code requires that findings be made on ten specified factors. Staff evaluation of those factors as they relate to the current proposal are as follows: 1. Demonstrated Need for the Use: The City's standard basis for determining need is that an applicant has identified a market for the proposed good or service. In this case, SA believes that there is a market for 24-hour operation. However, staff is concerned about extending the hours in this area due to the residences in the nearby area. There is already 24-hour gas available at the gas station located at Duluth and TH 100 only about 1/2 mile to the east. 2. Consistencv with the Comprehensive Plan: The General Land Use Plan Map identifies the proposed site for commercial uses. The Douglas Drive Corridor study also indicates that this intersection is a good location for retail uses. Gas/convenience stores are, therefore, consistent with the City plans for the area. 2 3. Effect on Praperty Values in the Area: The additional hours of operation may have a negative impact on the adjoining residential areas to the east and north especially if there is loudspeaker use and car radio use that can be heard at the adjoining homes and apartments. 4. Effect of anv Anticipated Traffic Generation Upon Current Traffic Flow and Congestion in the Area: From 11 pm to 6 am, there were be some traffic going to the store but generalfy the existing streets are empty at that time. Therefore, there would be no negative traffic impact on the area. 5. Increase in Population: Because this is a non-residential use, there will be no increase in population due to the extension of hours at SA. 6. Increase in Noise Level: The noise level may increase during the hours that they currently are not open. Of particular concern is how to minimize the use of loudspeakers and car radio/stereos when pumping gas. There is also the opening and closing of car doors. In terms of delivery of products, gas may be dumped at the site in the middle of the night. The City encourages the dumping of gas at night in order to minimize conflicts on the site during the day. Generally, the dumping of gas by the tanker trucks can be done without disturbing the neighborhood. 7. Anv Odor, Dust, Smoke, Gas, or Vibration Cause by the Use: No significant added impact is expected from the increased hours. 8. Any Increase in Flies, Rats, or other Vermin in the Area Caused by the Use: No significant added impact is expected from the increased hours. 9. Visual Appearance of the Proposed Structure of Use: Expanding the hours of operation is not expected to have an impact on the visual appearance of the site with the exception of lighting. Staff is asking for a lighting plan to insure that it meets the requirements of the City's lighting ordinance. By following the current lighting ordinance, there should be minimal impact on the surrounding properties because the lighting level and glare allowed by the ordinance is less than permitted in 1989. 10.Other Concerns Regarding the Use: The staff does not see any other issues to address. I have spoken to the Police Chief and she does not anticipate any negative impacts. Recommended Action At this time, staff is concerned about amending this permit. SA did not meet with the neighborhood in 1996 as recommended by the PC to address neighborhood concerns. At this time, the neighborhood is about the same as it was in 1996. There is still the apartment building contiguous to the SA site. There are single family homes to the north and east. This is a very busy store and even with the elimination of the loudspeaker sound over the SA property line, the SA is quite busy and noise can be heard from the site on adjacent properties. The noises includes the opening and closing of car doors, delivery of goods and gas and the customer's car radios and stereos left on while pumping gas. Over the past 22 years that the SA has operated, I have never heard a complaint about its limited hours of operation. The gas station at TH 100 and Duluth does have 24-hour gas pumping so there is 24-hour gas available in the area. SA has argued that the 24-hour store 3 would better serve the shift employees at Honeywell. Honeywell employees have the opportunity to visit SA before or after their shift with the existing hours of operation. If the Commission recommends approval of the amended CUP to allow 24-hour operation, the staff recommends the following conditions for the amended CUP: 1. A lighting plan shall be submitted to ensure compliance with the City's lighting ordinance. The lighting ordinance did not exist in 1989. The 24-hour operation could not begin until it was proven that the lighting requirements are met. 2. Landscaping on the site shall be as indicated on the Landscape Plan filed in the City Planning Office. 3. All signage must be in accordance with the City's sign ordinance. Prior to 24-hour operation, the applicant must meet with the City°s sign inspector to insure that the signage on the site is consistent with City code. (I have recently spoken to the Inspections Department about signage at the SA. In the past there have been issues with too much signage at the store but they have improved as of late.) 4. The memo from the Deputy Fire Marshal dated June 14, 2011 shall become a part of the CUP permit. Because a loudspeaker system is required by the Deputy Fire Marshal, the loudspeaker systems shall be designed so that it cannot be heard at any of the property lines. SA shall provide proof that the loudspeaker cannot be heard at any of the property lines by a licensed acoustical engineer prior to 24-hour operation. 5. No trash or recycling pickup can be made after 10 pm or prior to 7 am. 6. There shall be at least finro employees on site at all times. 7. Site layout shall be as indicated on the site sketch filed in the City Planning Office. The four-foot wide strip shown on the site sketch as running along the perimeter of the main building and extending into the setback area on the property's west side shall be a sidewalk only. In addition, there may be an overhanging roof line extending no more than 30 inches into the setback area. 8. The station is allowed to be open for public business 24 hours per day. 9. The dumpster area shall be fully shielded from view. 10. The site shall meet all other City and State requirements. 11. Failure to comply with any of the terms of this permit shall constitute grounds for revocation. Attachments: Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated June 14, 2011 (1 page) Applicant's Narrative (1 page) Site Plans (2 pages) Existing Conditional Use Permit (1 page) Memo to Planning Commission dated January 3, 1996 (3 pages) Planning Commission Minutes dated January 8, 1996 (4 pages) Photos (10 pages) 4 cityof�-- -�, �r�� -��€�_�� l � Planning �alle763-593-8095/763-593-8109 (fax) Y Date: August 17, 2011 To: Pianning Commission From: Joe Hogeboom, City Planner Subject: Rezoning Properties befinreen Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from "Single Family(R-1) Residential" to "Medium Density(R-3) Residential� and; Rezoning Properties between Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from �Single Family (R-1) Residential" to "Moderate Density (R-2) Residential" Background The City of Golden Valley has identified several areas within the City that have zoning designations that are inconsistent with the City's Comprehensive Plan. State Statute requires that the City's zoning designations correspond with the General Land Use Plan Map, which is a component of the Comprehensive Plan. By law, zoning designations must correspond with the General Land Use Plan map within one calendar year of its approval by the Metropolitan Council. Based upon the land use designations on the General Land Use Plan Map, there were eight areas within the City that had to be rezoned in order to comply with the General Land Use Plan Map. Several of the areas have already been rezoned, while several areas retained existing zoning and the General Land Use Plan Map was amended accordingly. One of the two areas that are left to be addressed is the area north of Harold Avenue, south of Olson Memorial Highway, west of Glenwood Avenue and east of Winnetka Avenue. For purposes of clarity, this report will refer to the properties west of Spirit of Hope United Methodist Church as �Area A" and properties east of Spirit of Hope United Methodist Church as "Area B" (see illustration): *The Spirit of Hope United Methodist Church is not proposed to be rezoned. 1 , . . . ' .. f _ • '_ i. � - . � .. �� ' � �� _ � � ��.. } � . . � �$ � / , . , �.� �s s« �.i s � i ,,:= • . m �� ~ . � M ...,. .. �...'i�.: „„ ' � � � �. r - ; j:. ��V,Q[.PD �N"..t K�' - ,, °x�+ „ ! � i � �a,,.- . �. , �.' � µ'�° � .. � , t.�. . . .. •. � ti �1R7f� i i �� k •^��L, � .. � • r,,' ,�,�; � z . 4 Y �� -.....,. � ' , 1�� y • �+ ` •, � � t t . ' � ' { �O ' '' (! � . . � , = � ,.. + . ' , Area A The properties located in Area A include: • 7644 Harold Avenue No. • 7710 Harold Avenue No. • 7724 Harold Avenue No. • 7732 Harold Avenue No. • 7830 Harold Avenue No. • 7840 Harold Avenue No. • 7831 Olson Memorial Highway • 401 Rhode Island Avenue No. • 409 Rhode Island Avenue No. • 411 Rhode Island Avenue No. • 413 Rhode Island Avenue No. • 400 Winnetka Avenue No. • 410 Winnetka Avenue No. • 424 Winnetka Avenue No. • 440 Winnetka Avenue No. These properties are currently zoned Single Family R-1 Residential. The General Land Use Plan Map guides the area as "Medium-High Density Residential." This land use category requires the area to be zoned either Medium Density R-3 Residential or High Density R-4 Residential. The City Council has indicated that it would prefer this area to be zoned Medium Densitv R-3 Residential. The Medium Density R-3 Residential zoning designation would permit multi-family residential development of up to 12 units per acre. The buildings would be permitted to be up to four stories in height. If housing is proposed for senior citizens or people who are physically disabled, then it could be built at a higher density and up to five stories in height with a Conditional Use Permit (CUP). The CUP process would involve a traffic analysis that would determine how much traffic the specific site can accommodate. 2 If the rezoning would occur at Area A, the existing single family homes would become "legal non-conforming uses." That means that the homes could continue to be occupied and repairs could be made to the properties. However, no new single family development could occur on the properties. Any new construction would have to comply with the current zoning designation. Area B The properties located in Area B include: • 7025 Glenwood Avenue No. • 7031 Glenwood Avenue No. • 7045 Glenwood Avenue No. • 7146 Harold Avenue No. • 7156 Harold Avenue No. • 7182 Harold Avenue No. • 7200 Harold Avenue No. • 7218 Harold Avenue No. • 7236 Harold Avenue No. • 7324 Harold Avenue No. • 7330 Harold Avenue No. • 7340 Harold Avenue No. • 7420 Harold Avenue No. • 7430 Harold Avenue No. These properties are currently zoned Single Family R-1 Residential. The General Land Use Plan Map guides the area as "Medium-Low Density Residential." This land use category requires the area to be zoned either Moderate Density R-2 Residential or Medium Density R-3 Residential. The City Council has indicated that it would prefer this area to be zoned Moderate Densitv R-2 Residential. The Moderate Density R-2 Residential zoning designation would permit new single family home development as well as new multi-family residential development of up to 8 units per acre. This would include twin-homes, duplexes and small townhome developments. Homes could not exceed 30 feet in height. If this rezoning occurs, single family homes remain legally conforming land uses. They can continue to function as they do under existing zoning criteria. Other Issues Staff hosted an open house in June that focused on issues related to this area. Residents living in surrounding neighborhoods voiced their concerns over possible height of buildings in Area A, additional traffic in the area associated with development, the potential loss of trees if development were to occur, and overall pedestrian safety in the area if development were to occur. These are valid concerns, and the Planning Commission should be aware of them. Mike Kotila, traffic engineer with Short Elliott Hendrickson, will be present at the Planning Commission to discuss possible traffic issues associated with the possible rezoning of 3 these properties. Traffic impacts associated with possible development would be reviewed by the City if a development were proposed for the site. Recommended Action To abide by State Law and be compliant with the General Land Use Plan Map, staff recommends that the Planning Commission recommend approval for the rezoning of the properties between Harold Avenue, Winnetka Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from "Single Family (R-1) Residential" to "Medium Density(R-3) Residential" and recommend approval for the rezoning of the properties between Harold Avenue, Glenwood Avenue, Olson Memorial Highway and Spirit of Hope United Methodist Church from "Single Family (R-1) Residential" to "Moderate Density (R-2) Residential". Attachments Section 11.22 Moderate Density R-2 Residential Zoning District (4 pages) Section 11.23 Medium Density R-3 Residential Zoning District (4 pages) General Land Use Plan Map (1 oversized page) 4 § 11.22 Section 11.22: Moderate Density Residential Zoning District (R-2) Subdivision 1. Purpose The purpose of the R-2 Zoning District is to provide for single and two-family dwellings at a moderate density (up to eight (8) units per acre) along with directly related and complementary uses. Subdivision Z. District Established Properties shall be established within the Two-Family (R-2) Residential Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.22, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.22 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the Two-Family (R-2) Residential Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no other shall be permitted in the R-2 Residential Districts: A. Single Family dwellings B. Two-Family dwellings C. Townhouses D. Foster Family Homes E. Home occupations, as regulated by Section 11.21, Subdivision 15 F. Essential Services - Class I G. No more than one (1) kitchen area and one kitchenette shall be permitted in each dwelling unit Subdivision 4. Accessory Uses The following accessory uses and no other shall be permitted in the R-2 Zoning District: A. Accessory structures, including private garages as defined in this Chapter. Subdivision 5. Conditional Uses The following conditional uses may be allowed after review by the Planning Go/den Valley City Code Page 1 of 4 § 11.22 Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Residential facilities serving from seven (7) to twenty-five (25) persons B. Group foster family homes Subdivision 6. Buildable Lots In the R-2 Residential Zoning District a lot of a minimum area of eleven thousand (11,000) square feet shall be required for any principal structure. A minimum lot width of one hundred (100) feet at the front setback line shall be required. Subdivision 7. Corner Visibility All structures in the R-2 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision 8. Easements No structures in the R-2 Zoning District shall be located in dedicated public easements. Subdivision 9. Maximum Coverage by Building and Impervious Surfaces Structures, including accessory structures, shall not occupy more than thirty percent (30%) of the lot area. Total impervious surface on any lot shall not exceed fifty percent (50%) of the lot area. Subdivision 10. Principal Structures Principal structures in the R-2 Zoning District shall be governed by the following requirements: A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-2 Zoning District. Garages or other accessory structures which are attached to the house or main structure shall also be governed by these setback requirements, except for stair landings up to twenty-five (25) square feet in size and for handicapped ramps. 1. Front Setback. The required minimum front setback shall be thirty-five (35) feet from any front property line along a street right-of-way line. Open front porches, with no screens, may be built to within thirty (30) feet of a front property line along a street right-of-way line. 2. Rear Setback. The required rear setback shall be twenty percent (20) of the lot depth. 3. Side Setback. The required side setback shall be fifteen (15) feet. 4. Corner Lot Setbacks. To determine the rear yard setback, use the longer lot line. To determine the side yard setback, use the shortest lot line. Go/den Valley City Code Page 2 of 4 § 11.22 B. Height Limitations. No principai structure shail be erected in the R-2 Zoning District to exceed a height of thirty (30) feet as defined in the City's building code. C. Cornices and Eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. D. Decks attached to principal structure. Decks over eight (8) inches from ground level shall meet the same setbacks as the principal structure. Subdivi§ion 11. Accessory Structures Accessory structures shall be governed by the following requirements: A. Location and Setback Requirements. The following location regulations and setbacks shall be required for accessory structures in the R-2 Zoning District: 1. Location. A detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback and side setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least ten (10) feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the ten (10) feet af separation can be met. 2. Front Setback. Accessory structures shall be located no less than thirty- five (35) feet from the front property line along a street right-of-way line. 3. Side and Rear Setbacks. Detached accessory structures shall be located no less than five (5) feet from a side or rear yard property line. 4. Separation between Structures. Accessory structures shall be located no less than ten (10) feet from any principal structure and from any other accessory structure. B, Height limitations. No accessory structure shall be erected In the R-2 Zoning District to exceed a height of one (1) story. One (1) story may not exceed ten (10) feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. C. Garage Construction Required. No building permit shall be issued for the construction of a new principal structure in the R-2 Zoning District not Go/den Valley City Code Page 3 of 4 § 11.22 including at least a one (1) stall garage per dwelling unit. Single family dwelling units shall require a two (2) stall garage. D. Accessory structures including detached and attached garages, detached sheds, greenhouses and gazebos shall be limited in size to a total of six hundred fifty (650) square feet per dwelling unit. Swimming pools are not included in this requirement. E. Decks. Free standing decks or decks attached to accessory structures shall meet the s�me setback requirements as accessory structures. F. Swimming pools. Swimming pools shall meet the same setback and location requirements as accessory structures. G. Central Air Conditioning Units. Central air conditioning units shall not be allowed in the front yard of any single or two-family dwelling. Source: Ordinance No. 371, 2nd Series Effective Date: 07-13-07 H. Photovoltaic Modules. Free-standing Photovoltaic modules, including solar panels and other photovoltaic energy receivers, which are in excess of three (3) square feet shall meet the same setback, location and height requirements as accessory structures. Source: Ordinance No. 443, 2nd Series Effective Date: 8-13-10 Subdivision 12. Garden Structures Garden Structures shall be located no closer than five (5) feet to any property line. Garden Structures shall not exceed ten (10) feet in height. Source: Ordinance No. 433, 2nd Series Effective Date: 2-26-10 Golden Valley City Code Page 4 of 4 , § 11.23 Section 11.23: Medium Density Residential Zoning District (R-3) Subdivision 1. Purpose The purpose of the Medium Density Residential Zoning District (R-3) is to provide for medium density, housing (up to ten (10) units per acre with potential for twelve (12) units per acre with density bonuses) along with directly related and complementary uses. Senior and physical disability housing is permitted to a density in excess of twelve (12) units per acre or up to five (5) stories or sixty (60) feet in height with a Conditional Use Permit. Subdivision 2. District Established Properties shall be established within the R-3 Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.23, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.23 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the R-3 Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no other shall be permitted in the R-3 Zoning District: A. Townhouses B. Two-family dwellings C. Multiple-family dwellings of up to ten (10) units per acre with potential for twelve (12) units per acre with density bonuses D. Foster Family Homes E. Essential Services, Class Y F. No more than one (1) kitchen area and one (1) kitchenette shall be permitted in each dwelling unit. Subdivision 4. Accessory Structures and Uses The following accessory structures and no others shall be permitted in R-3 Zoning Districts: A. Enclosed parking structures similar in construction and materials to the principal structure Golden Valley City Code Page 1 of 4 § 11.23 B. Storage structures similar in construction and materials to the principal structure not exceeding five hundred (500) square feet in area. No accessory structure shall be erected in the R-3 Zoning District to exceed a height of one (1) story, which is ten (10) feet from the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. C. Private indoor and outdoor recreational facilities, including but not limited to swimming pools and tennis courts D. Underground parking structures E. Other Accessory Structures, as defined in Section 11.03 F. Setback requirements. The following structure setbacks shall be required for all enclosed parking structures and other accessory uses in the R-3 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty-five (25) feet from any front property line along a street right-of-way line. 2. Side and Rear Yard Setback. The required minimum side and rear setback for enclosed parking structures shall be thirty (30) feet when abutting any R-1 Zoning District and twenty (20) feet in all other instances. The required minimum side and rear setback for other accessory uses shall be fifteen (15) feet. G. Separation Between Structures. Accessory structures shall be located completely to the rear of the principal structure and no less than ten (10) feet from any principal structure and from any other accessory structure. Subdivision 5. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Residential facilities serving twenty-five (25) or more persons. B. Group Foster Homes C. Senior and physical disability housing to a density in excess of twelve (12) units per acre or up to five (5) stories or sixty (60) feet in height D. Retail sales, Class I and II restaurant establishments, and professional offices within principal structures containing twenty (20) or more dwelling units when located upon any minor or major arterial street. Any such sales establishment or office shall be located only on the ground floor and have direct access to the street. Golden Valley City Code Page 2 of 4 § 11.23 Subdivision 6. Buildable Lots In the R-3 Zoning District a lot of a minimum area of fifteen thousand (15,000) square feet shall be required for any principal structure. A minimum lot width of one hundred (100) feet at the front setback line shall be required. Subdivision 7. Corner Visibility All structures in the R-3 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision 8. Easements No structures in the R-3 Zoning District shall be located in dedicated public easements. Subdivision 9. Maximum Coverage by Building and Impervious Surfaces Structures, including accessory structures, shall not occupy more than forty percent (40%) of the lot area. Total impervious surface on any lot shall not exceed sixty percent (60%) of the lot area. Subdivision 10. Principal Structures Principal structures in the R-3 Zoning District shall be governed by the following requirements: A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-3 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty-five (25) feet from any front property line along a street right-of-way line. An open front porch for each building, with no screens, may be built on the ground level to withln seventeen (17) feet of a front property line along a street right-of-way line. 2. Side and Rear Yard Setback. When directly abutting any R-1 Zoning District, the required side and rear yard setback shall be thirty (30) feet. In all other instances, the required side and rear yard setback shall be twenty (20) feet. B. Maximum Density. Dwelling units shall not be built at a rate greater than ten (10) units per acre, unless they meet the provisions of Subdivision 12. C, Height. No building shall exceed four (4) stories or forty-eight (48) feet in height, whichever is less. Senior and physical disability housing with a Conditional Use Permit shall not exceed five (5) stories or sixty (60) feet in height. Golden Valley City Code Page 3 of 4 § 11.23 Subdivision 11. Density Bonus Multiple Family dwellings providing sidewalks as required by the City shall be granted one (1) of the following density bonuses. A. Underground Parking. The provision of one (1) or more underground parking space per dwelling unit shall increase the maximum allowable density by two (2) units per acre. B. Public Transit. Scheduled public transit route within one thousand (1000) feet of the primary entrance accessed by public sidewalk shall result in an increase in the maximum allowable density by one (1) unit per acre and reduce required parking to one and one half (1.5) spaces per dwelling. C. Recreation. Indoor or outdoor recreation facilities such as swimming pools, porches, tennis courts, or other facilities requiring a substantial investment equaling at minimum five percent (5%) of the construction cost of the principal structure shall increase the maximum allowable density by two (2) units per acre. 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