09-12-11 PC Minutes Regular Meeting of the
Golden Valley Planning Commission
September 12, 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,
September 12, 2011. Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners, 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. Commissioners Cera
and McCarty were absent.
1. Approval of Minutes
August 22, 2011 Regular Planning Commission Meeting
Kisch referred to page two and questioned if the condition of approval regarding the
installation of noise ordinance enforcement signs should note the times the ordinance is in
effect. Kluchka noted that the Planning Commission did not address the issue of time being
noted on the signs.
MOVED by Kisch, seconded by Kluchka and motion carried unanimously to approved the
minutes as submitted. Commissioner Segelbaum abstained.
2. Informal Public Hearing — Property Rezoning —6601 Medicine Lake Road —
Rezoning from Single Family (R-1) Residential to Moderate Density (R-2)
Residential -Z014-06
Applicant: Paul B. Kelley
Address: 6601 Medicine Lake Road
Purpose: To consider rezoning the property to Moderate Density (R-2) Residential
which will allow for the future development of a twin home
Hogeboom pointed out the property on a location map. He explained the applicant's request
to rezone the property from Single Family (R-1) Residential to Moderate Density (R-2)
Residential. He stated that the General Land Use Plan Map designates this property as Low
Density and that both R-1 and R-2 meet the requirements of the Low Density designation.
Waldhauser asked about the size of the property. Grimes stated it is .52 acres in size.
Waldhauser noted that there could potentially be up to 4 units on this property.
Hogeboom stated that staff is recommending approval of this request finding that it is
appropriate for a lower density multi-family housing proposal because it meets the
Comprehensive Plan designation and is located on a County State Aid highway across the
street from one school and behind another.
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September 12, 2011
Page 2
Kluchka asked if there has been any other action to indicate that rezoning the properties
could be a trend in this area. Hogeboom stated that is the only application he has received
for a rezoning in this area. He explained that the City Council has studied the possibility of
rezoning properties in this area to R-2 but has not chosen to do so at this time.
Waldhauser noted that single family homes would be allowed to remain or allowed to be
built in the future if the area is rezoned to R-2.
Segelbaum asked about the criteria staff considered when stating the findings in the staff
report. Hogeboom stated that rezoning one parcel in the middle of an R-1 area could be
considered "spot zoning" but this situation is different in that there are institutional properties
across the street and behind the subject property and it is located on a busier road.
Segelbaum asked if staff has considered rezoning more properties in the area at this time.
Hogeboom reiterated that properties in this area were studied during the Douglas Drive
Corridor Study but rezoning additional properties in this area is not being considered at this
time.
Paul Kelley, Applicant, 3947 Cottage Lane, Minnetonka, explained that he originally bought
this property with the intent to remodel it. Due to the size of the house and extent of
remodeling needed it was determined that it would not be feasible to just remodel it so the
plan is to demolish the house within the next 30 days. He added that this is an investment
property for him and not where he would be living.
Segelbaum asked about the possibility of acquiring any adjacent property. Kelley said that is
not an option at this point.
Waldhauser opened the public hearing.
Chris Greenwood, 6531 Medicine Lake Road, said she has lived next to this property, which
has been a garbage property, for 30 years. She said she is concerned about a possible twin
home not being owner-occupied. She said she is really looking for a new single family home
to be built, but if it is a twin home she wants them to be owner occupied so there is a pride of
ownership. She said she is also concerned about the value of her property as well.
Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing.
Grimes explained that the City now has a property maintenance program which has helped
in cases like this. He explained that the City has no control over someone renting out their
home and can't guarantee that this property won't be a rental property, but there is a rental
license that must be obtained by the property owner.
Waldhauser reiterated that there could be a four-unit townhome development on this
property. Grimes stated that the property owner would have to go through the Subdivision
process or the PUD process in order to create zero lot line properties.
Segelbaum asked if the property owner would have to go through the Subdivision process or
PUD process to build the units or just to sell them. Grimes said there would need to be a
Minutes of the Golden Valley Pianning Commission
September 12, 2011
Page 3
Subdivision or PUD to sell the individual units. If they just want to build something and rent it
out they could do that without subdividing the property or obtaining a PUD.
Kluchka asked what goes into evaluating if something is "spot zoning" or not and what the
City's liability is when "spot zoning" is used. Grimes said "spot zoning" is basically a term for
a mix of uses in an area. He noted that this property is on a busier road and there are other
types of uses around it and that is where higher density uses tend to be placed.
Waldhauser added that she feels there is potential to improve the property values in this
area by rezoning them.
Kisch asked if the City's property maintenance regulations apply to rental units. Hogeboom
said there are property maintenance regulations and inspections as a part of the rental
Sicense process.
Segelbaum asked what mechanisms the Planning Commission has to rezone more than just
this one property. Grimes explained that the Planning Commission can suggest to the City
Council that they consider rezoning additional properties or the City Council can ask the
Planning Commission do further study and review of the area or the property owners can
request that their properties be rezoned.
Kisch said he feels that conducting a study is a more valid way to change the zoning of a
larger area. He said he feels this area is ideal for R-2 properties especially because the R-2
zoning district also allows R-1 single family homes as a permitted use. Hogeboom added
that another reason the City is not currently considering rezoning a larger area is that R-1
and R-2 properties both work with requirements in the Low Density category on the General
Land Plan Map.
Kluchka said he would like to hear from the City Council about looking at the whole area and
the potential for higher values for homeowners. He said he would also like to hear a bigger
public conversation about this and what the neighbors might think about the long term future
use of the area.
Kisch said he would like to have a larger conversation also, but that doesn't change his mind
about this particular rezoning request. He added that given the surrounding properties and
that fact that single family residential homes are still permitted, he is in favor of the
applicant's request.
Segelbaum said he would also like a broader conversation regarding the entire area but it
seems to him like rezoning this property to R-2 could cause the surrounding property values
to drop.
Schmidgall said he supports the applicant's rezoning request. He stated that he hopes
flexibility brings more flexibility and he doesn't feel that the Planning Commission needs to
force the rezoning of the surrounding properties.
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September 12, 2011
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Waldhauser said she also supports the applicant's rezoning request in hopes that it will be
easier for someone to develop it into something better. She said she would also like to have
a larger conversation with the neighborhood to discuss if rezoning the surrounding
properties would be advantageous.
MOVED by Kisch, seconded by Kluchka and motion carried 4 to 1 to recommend approval
of the applicant's request to rezone the property at 6601 Medicine Lake Road from Single
Family (R-1) Residential to Moderate Density (R-2) Residential. Commissioners Kisch,
Kluchka, Schmidgall and Waldhauser voted yes. Commissioner Segelbaum voted no.
Grimes suggested reviewing this item at a future Council/Manager work session to
determine if the City Council would consider further study of the zoning in this area.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No other meetings were discussed.
4. Other Business
Discussion regarding Livable Communities Act— Housing Action Plan
Waldhauser asked that this item be discussed.
Grimes explained that in order to apply for grants and funding the City has to have this
document in place. He stated that it helps maintain affordable homes and helps keep
affordable housing affordable. He added that the City does not require new construction to
have a percentage of the units be affordable unless there is some City money involved.
The Commission discussed having a document or list that they can use to support how
certain areas are zoned so it is easier to answer the questions they receive. Grimes noted
that every rezoning petition could be measured or tested against the requirements in the
Comprehensive Plan.
The Commission discussed the definition of"affordable" and asked about the possibility of
quantifying how many affordable units the City currently has. Hogeboom said it would be
difficult to do this because only affordable housing that receives government subsidies are
trackable. There is housing that is affordable and not subsidized, and is therefore difficult to
locate on a city-wide scale.
The Commission discussed having more housing choices in the City and having future
discussions regarding different types of overlay districts.
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September 12, 2011
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5. Adjournment
The meeting was adjourned at 8:25 pm.
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David A. Cera, Secretary