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09-27-82 PC Minutes � �� MINUTES OF THE GOLDEN VALLEY P LANNING COMMISSION September 27, 1982 A regular meeting of the Planning Comnission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, MN. Chairman Thompson c alled the meeting to order at 7:00 p.m. T hose present were Comnissioners Leppik, Prazak, Singer and Thompson. Comnission- e rs Polachek and Tubman were not present at the beginning of the meeting. Com- missioner Forster was absent. Also present were Mike Miller, Planning and Redevelopment Coordinator, and Alda Peikert, Assistant Planner. I . Approval of Minutes - September 13, 1982 I t was moved by Comni ssi oner Leppi k, seconded by Comni ssi oner Si nger and carri ed u nanimously to approve the minutes of the September 13, 1982 Planning Comnission meeting as recorded. II. Set Date for Informal Public Hearing - Conditional Use Permit APPLICANT: A1 mi ch Ti re, Inc. L OCATION: 600 Decatur Avenue North R EQUEST: Permission to operate a tire sales and auto repair facility within a Commercial Zoning Di strict C hairman Thompson introduced this agenda item and noted the staff recomnendation of an October 25, 1982 informal public hearing date. It was moved by Commissioner Singer, seconded by Comnissioner Leppik and carried u nanimously to set an informal public hearing date of October 25, 1982 for con- sideration of a conditional use permit f or operation of a tire service and au to repair facility at 600 Decatur Avenue North in a Comnercial Zoning District. III . Set Date for Informal Public Hearing - P.U.D. #37-A, Brandon Terrace APPLICANT: Brad J. Jones LOCATION: 528 Indiana Avenue North REQUEST: Approval of Prelimi nary Design Plan for P.U.D. #37-A, including 4 townhouses 1 �9 Planning Comnission Minutes - September 27, 1982 -2- Chairman Thompson announced that this item had been withdrawn from the agenda. IV. Report on HRA Meeting - September 13, 1982 Planning and Redevelopment Coordinator Mike Miller provided the Pianning C omsnission with a report on the September 13, 1982 HRA meeting. The Planning C ommission was unable to send a representative to the September 13, 1982 NRA meeting due to the fact that the �eting was held the same date as the last Planning Comnission meeting. Mr. Miller reported on HRA selection of a devel- o per for the Ewald property and informed the Co mnission that the project would b e considered by the Planning Comnission as a PUD. Comnissioner Tubman arrived at the meeting during Mr. Miller's report. Mr. Miller left the meeting following his report. Chairman Thompson explained procedure for the three informal public hearings to follow. V . Informal Public Hearing - Rezoning APPLICANT: Dale A. Clausnitzer LOCATION: Northeast corner of 23rd and Winnetka Avenues N o rth REQUEST: Change zoning from Open Development to Business a nd Professional Office (B & PO) C hairman Thompson introduced this agenda item and recognized the proponent, Mr. Dale Clausnitzer. There were no questions of staff, and Chairman Thor�son c alled on the proponent to present his proposal. Mr. Clausnitzer introduced his a rchitect, Mr. Randy Engel, who explained the proposal and answered questions f rom Planning Commissioners. Commissioner Prazak asked about screening of the parking lot on the south side a cross 23rd Avenue North f rom residential use. Mr. Engel responded that the developer intends to screen the parking on the south side with berming in addi- tion to the trees shown on the proposed site plan. C hairman Thompson asked whether exterior building materials have been selected. M r. Engel replied that the exterior finish would be an aggregate with a y ellowish hue. Corronissioner Leppik asked whether screening of the subject site from the building to the north is planned. Mr. Engel replied that no screening is planned on the north. l�Planning Comnission Minutes - September 27, 1982 Page 3 Comnissioner Leppik questioned provision of 26 more parking spaces than required a nd adequacy of the parking setback from the north property line. Assistant Planner Alda Peikert explained that the Business and Professional Offices Zoning District Section of the Golden Valley Zoning Ordinance requires a parking ratio of one space for every 200 square feet of gross floor area in the case of multi- tenant buildings. This stipulation is not reflected in the staff report. Mr. E ngel properly used this ratio in figuring the required number of parking spaces f or the proposed Midland Medical Center, and the number of parking spaces is e xactly that required by Ordinance. Ms. Peikert confirmed that the north p arking lot setback also is exactly that required by Ordinance and that all set- b acks meet Ordinance requirements. C hairman Thompson opened the informal public hearing f or public input. There w as no one present who wished to speak on this agenda item. Chairman Thompson closed the public hearing. C hairman Thompson called for Planning Co mnissioner discussion of the proposed rezoning, and Commissioners concurred that the proposed Business and Professional Offices use of the subject site is appropriate and would serve as a buffer bet- w een the Light Industrial use to the north and residential uses to the south and west. I t was moved by Corr�ni ssi oner Si nger, seconded by Comni ssi oner Prazak and carri ed u nanimously to recommend City Council approval of the request received f rom Mr. D ale A. Clausnitzer for rezoning of the vacant parcel of land on the northeast c orner of Winnetka and 23rd Avenues North f rom the Open Development to the Business and Professional Offices Zoning District for construction of a three story medical offices building to be knawn as Midland Medical Center. Commissioner Polachek arrived at the meeting. VI. Informal Public Hearing - Condition Use Permit APPLICANT: Calvary Lutheran Church of Golden Valley L OCATION: 810 Rhode Island Avenue North R EQUEST: Approval for operation of a child day care facility within an Institutional (I-1) Zoning D i stri ct C hairman Thompson introduced this agenda item and asked whether there were any q uestions for staff. Comnissioner Leppik asked the reasons for requiring asphalt paving of parking lots. Assistant Planner Alda Peikert replied that reasons include maintenance, drainage and erosion control. Planning Comni ssion Mi nutes - September 27, 1982 Page 4 � 31 Chairman Thompson called on the proponents to present the proposal for Calvary Child Care Center. Mr. Jim Ryman, Chairman of the Calvary Lutheran Church Child Care Comnittee, presented the proposal. Mr. Douglas McFarland, Church member in charge of coordinating this Conditional Use Permit application, added infor- mation on accomplishment of improvements to the subject house required for day care use. Mr. McFarland passed around to Planning Commi ssioners photographs of completed improvements. Following these presentations, Chairman Thompson invited Comnissioner questions of the proponents. Chairman Thompson asked wether the proposed Calvary Child Care Center would be financially feasible with only 20 children. Mr. Ryman replied that the Child Care Center would receive use of the building rent free from the Church, would receive free building maintenance from the Church maintenance staff, and would be provided yard maintenance by stadents living in the other two houses on the s ite. Chairman Thompson asked whether any of the families served by Calvary Day Care Center would receive Title 20 Federal day care assistance. Ms. Deanna Hanson, director of the proposed day care facility, replied that Calvary Child Care Center has been assigned Title 20 slots but that no requests for assistance have been received to date. Comnissioner Leppik asked whether use of the fireplace in the house is planned. M r. Ryman replied that the fireplace would not be used. Comnissioner Leppik asked whether there is sufficient indoor play space in the p roposed facility. Mr. Ryman replied that the indoor space meets both Minnesota Department of Public Welf are (DPW) Rule 3 requirements and Uniform Building Code requirements. Comnissioner Singer asked whether Calvary Lutheran Church would have proposed s erving more children if more space were available. Mr. Ryman responded that the Church would prefer to serve a larger number of children but was advised by the State Licensing Consultant that the proposed location would accomnodate no m ore that 20 c hildren. Corrani ssioner Leppik asked haw long Calvary Lutheran Church expects ta operate the proposed day care facility at the subject location. Mr. Ryman replied that the Church expects short range use of the proposed location for approximately three to four years. The Church would like to expand into larger quarters if space becomes available. Commi ssioner Tubman asked whether the proposed day care faci lity would be ade- quate to accommodate participants in the Church pre-kindergarten program desiring child care for the remainder of the day. Mr. Ryman replied that the day care service would have to refuse pre-kindergarten participants if their � �� Planning Comnission Minutes - September 27, 1982 Page 5 d emand for part time care exceeds the limitation of 20 children in the day care f acility. Co mnissioner Tubman asked whether the Church has already received a pplications for the day care facility. Mr. Ryman replied that the Church has 16 children tentatively signed up for day care at this time through announce- ments in the Church bulletin without any outside advertising. C hairman Thompson asked whether there is room in the Church building for a child day care facility. Mr. Ryman replied that the Church investigated possible use of the Church building for day care but that State Licensing Consultant Beverly M oran informed the Church that the best opportunity for establishment of a day c are facility is in the house located at 810 Rhode Island Avenue North. Reasons f or eliminating use of Church building space include established week day use of space for other purposes and failu re of available Church spaces to meet S tate licensing requirements. Mr. Georgia Lundquist, Director of the C alvary pre-kindergarten program for nine y ears, explained that the avail- a ble Church spaces do not meet State licensing requirements for access to the outdoors and for close proximity of bathrooms. Ms. Hanson added that Church space does not have outdoor play area required for day care use. C hairman Thompson opened the informal public hearing for public input. M r. Lee Anderson 8340 Wesley Drive, stated that as a member of Calvary Lutheran Church and a resident of Golden Valley he has observed the growth of Calvary Lutheran Church into provision of quality programs for comnunity benefit. Mr. Anderson stated that he has a child enrolled in the Calvary pre-kindergarten program and uses a private day care facility not of the q ual i ty he desi res. Mr. An derson desi res the qual i ty offered by the pro- p osed Calvary Child Care Center and feels that the location in a house w ould provide a unique home atmosphere. Mr. Anderson concluded that the p roposed Child Care Center would constitute a tremendous improvement to the p roperty and would offer a quality of child care not matched elsewhere. M rs. Dee Anderson, 8340 Wesley Drive, reported that she examined 23 child c are services before selecting the facility in which she placed her three y ear old daughter. Mrs. Anderson said that she is excited at the prospect of Calvary Child Care Center. Chairman Thmopson closed the informal public hearing. C hairman Thomp son reviewed staff report discussion of the ten factors 1 isted in Section 20.03.G. of the City Zoning Code for consideration of a Conditional Use Permit, noting that his sources at Hennepin County further document the need for day care facilities. Chairman Thorr�son concluded that in his opinion as well as that of staff there would be no adverse effects resulting f rom the proposed daycare f acility. He added that there a re, however, certain concerns of the City which are addressed in the staff report as conditions of approval. Planning Commission Minutes - September 27, 1982 Page 6 Commissioner Tubman questioned the suggested condition prohibiting prepara- tion of ineals. Ms. Peikert explained that the City Sanitarian's report was based on use of bag lunches and that additional kitchen improvements would be required for meal preparation. Commissioner Tubman asked the proponents whether hot lunches would be brought in for the children at the proposed Day Care Center. Mr. Ryman replied that children would bring their own bag lunches and that no hot lunches would be brought in. Commissioner Leppik asked whether all children would have breakfast prior to arrival or whether children might eat breakfast also at the day care facility. Ms. Hanson replied that some chi�dren might eat breakfast at the day care facility and would bring their own cereal and fruit. Commissioner Prazak asked whether the suggested condition specifying semi- narian housing use of the other two houses would restrict use of the houses or whether there would be flexibility in the use of the houses. Ms. Peikert replied that any change in the use of the other two houses would require an application for amendment of the Conditional Use Permit and reconsideration by the Planning Commission and City Council . Commissioner Leppik asked about sizing of bathroom fixtures for children and the requirement for separate bathrooms for boys and girls. Ms. Peikert reported that the Uniform Building Code speaks to separate bathrooms for men and women but does not address sizing of fixtures. Mr. McFarland stated that the position of the Church is that the Uniform Building Code does not require separate bathrooms for boys and girls. Mr. McFarland handed out to Planning Commissioners pertinent sections of the Uniform Building Code and explained his interpretation of the requirements. Mr. McFarland then introduced Ms. Zoe Hanson who spoke in support of the Church's position. Ms. Hanson, 10020 36th Place North, Plymouth, stated that she has been in the child care business for 20 years and is a member of the Calvary Child Care Committee. Ms. Hanson reported that in her experience very few child care facilities have two bathrooms for separate use by boys and girls. In new buildings built for child care use there is frequently one bathroom only without doors for ease in monitoring and assisting small children using the bathroom. Mr. McFarland concluded by listing child care facilities in the Twin Cities area contacted by the Church which do not provide separate bathroom facilities. Mr. McFarland gave Chairman Thompson a written list of these facilities without separate bathrooms. Commissioner Prazak questioned the suggested condition requiring paving of the parking area and stated his opinion that it should not be required due to the temporary nature of the use. Ms. Peikert pointed out that the proposed Child Care Center requires only seven parking stalls and suggested that the proponents explain intended use of the much more extensive parking lot proposed. Mr. Dayton Soby, President of Calvary Lutheran Church, stated that the Church does not have long range plans for use of the subject site. At the present time Bor-Son Construction Company is willing to grade the property, bring in black dirt for the seeded area and prepare the proposed gravel parking lot at minimal cost to the Church. The Church wishes to take advantage of the opportunity to add parking which may eventually be used for Church parking on Sunday provided a walkway to the Church can be constructed in the future. Planning Commission Minutes - September 27, 1982 Page 7 Chairman Thompson reviewed and invited Commissioner discussion of each of the 12 conditions of approval suggested in the staff report. Chairman Thompson asked the proponents to address suggested Condition No. 3 requiring payment of delinquent taxes. Mr. Soby stated that the Church is willing to pay all delinquent taxes owed by the Church and that Mr. Dave Thatcher, Church Business Manager, informed him that the Church is in the p�o- cess of obtaining tax exempt status on some parcels. Mr. Ryman requested that the Church be allowed to move ahead with opening of the proposed Day Care Center and work out details of tax obligations later. Commissioner Leppik asked whether there would be a barrier preventing use of the basement by children as suggested in Condition No. 7 in the staff report. Mr. Ryman replied that there is a door on the basement with a lock placed above the reach of children. Commissioner Prazak suggested and the Planning Commission concurred with a change in wording of the condition to: "No basement use by children except in emergencies." The suggestion was made with tornado emergency situations in mind. Commissioner Leppik recommended that suggested Condition No. 9 requiring separate bathroom facilities for each sex be eliminated as she feels separate bathrooms are unnecessary in a Day Care Center. Ms. Peikert suggested that interpretation of the Uniform Building Code is not the prerogative of the Planning Commission or Church counsel and that the Church should obtain a writ- ten interpretation from the State Building Code Division if dissatisfied with the interpretation of the City Zoning and Inspection Department. Commissioner Polachek informed the Commissian and the proponents that the Church's architect may submit to the State a request fo� waiver of the requirement. At the suggestion of Commissioners Prazak and Polachek, the Commission agreed to remove the stipulation of separate bathrooms from any Conditional Use Permit recommen- dation and to leave interpretation and enforcement of the Uniform Building Code to the City Zoning and Inspection Department. Commissioner Prazak made a motion that suggested Condition No. 10 requiring bituminous surfacing of drive, parking and turna�ound areas be changed to require bituminous surfacing of the access drive only. Commissioner Singer seconded the motion and suggested adding Planning Commission reasoning for allowing gravel , which is the temporary nature of the imp�ovement. Commissioner Leppik stated that the Planning Commission is not assured of the temporary nature of the proposed parking area, and Commissioner Tubman agreed that the proposed pa�king lot could be in use for an indefinite period of time. Commissioner Leppik suggested that gravel would be appropriate if the Church proposed only the seven pa�king spaces required for the Day Care Center but that paving should be �equired for the proposed lot possibly se�ving the Church. Commissioner Polachek asked whether paving is required by City O�dinance or regulation, and Ms. Peikert replied that she unde�stood it to be a matter of policy. A vote was taken and the motion to change the condition �equiring t35 Planning Commission Minutes - September 27, 1982 Page 8 paving failed, with Commissioners Polachek, Prazak and Singer voting in favor and Commissioners Leppik, Thompson and Tubman opposed. At the suggestion of Commissione� Singer, the Commission agreed to leave the paving condition in any recommendation for approval with the opposition of th►~ee Commissioner�s noted in the minutes. The Planning Commission discussed addition of a suggested new Condition No. 12 specifying completion of all required modifications and improvements to the building and site p�ior to opening of the Day Care Center•. The Commission decided to leave out this stipulation due to questions concerning payment of delinquent taxes. It was moved by Commissioner Polachek, seconded by Commissioner Leppik and carried unanimously to recommend City Council appr�oval of the Conditional Use Permit requested by Calvary Lutheran Charch for operation of a child day care facility at 810 Rhode Island Avenue North in an Institutional (I-1) Zoning Dist�ict conditional upon the following: 1. Use of the principal building located at 810 Rhode Island Avenue Nor�th for a child day care center to accommodate not more than 20 children on the pr�emises at any one time. 2. Use of the accessory buildings at 822 and 830 Rhode Island Avenue North for� seminar�ian housing. 3. Payment of delinquent taxes on all previous parcels within the plat of Valley Square Addition allowing combination of previous lots into tax par- cels in conformance with the recorded plat of Valley Square Addition. 4. Completion of all improvements and modifications to the pr�oposed child day care building at 810 Rhode Island Avenue North required by the City Sanitarian in the July 23, 1982 Sanitarian's Inspection Repor�t. 5. No p�epa�ation of ineals in the child day care facility at 810 Rhode Island Avenue North. 6. Completion of all improvements and modifications to the proposed child day ca►�e building at 810 Rhode Island Avenue Nor�th required by the City Fire Marshal in the June 2, 1982 Fire Marshal 's Inspection Report. 7. No basement use by children except in emergencies. 8. Completion of all improvements and modifications to the site and to the child day care building at 810 Rhode Island Avenue North r�equir�ed by the City Building Inspector in the July 20, 1982 Building Inspection Report. 9. Bituminous surfacing of all drive, parking and turnaround ar�eas shown on the August 30, 1982 site plan submitted with the application. ��� Planning Commission Minutes - September 27, 1982 page 9 10. Seeding of all unpaved ar•eas of Lot 2 Block 2 Valley Squa�e Addition. 11. Failure to comply with one o� mo�e of the above conditions of approval shall be g�ounds fo� revocation of the Conditional Use Permit. VII. Info�mal Public Hearing - Conditional Use Pe�mit APPLICANT: Cecelia Ma�y Constantine LOCATION: 8840 7th Avenue North REQUEST: Approval for• ope�ation of a dance studio in a Light Indust�ial Zoning District Chair•man Thompson int�oduced this agenda item and �ecognized the p�oponent, Ms. Ma�y Constantine. � Commissione� Tubman asked whether Ms. Constantine might use the p�oposed faci- lity fo� la�ge ballr•oom dance classes. Ms. Constantine r•eplied that she would consider• teaching ballroom dance at the p�oposed dance studio location only to advanced students in small gr•oups or in pr•ivate lessons. Ms. Constantine explained that ballet r•equir•es special facilities including a flexible hardwood floor• which she plans to install at the proposed dance studio location. Ballr•oom dance, on the other• hand, can be taught in numer•ous available school and ballr•oom locations, and Ms. Constantine would pr•efer not to allow ballr•oom dancing on the har•dwood floor• of her pr•oposed dance studio. Ms. Constantine added that her pr•oposed dance studio space would not accommodate over• 50 people. Commissioner• Leppik asked Ms. Constantine whether• she has plans for• futur•e use of numer•ous spaces on her• floor• plan mar•ked as sto�age ar•eas. Ms. Constantine r•epl i ed that her• r•equest i s for• a dance and per�fo�mi ng a�ts studi o and that she woul d consi der• space r�equests fr�om theater• gr•oups and voi ce teacher•s. Chair•man Thompson opened the infor�mal public hear�ing for public input. Ther•e was no one pr•esent who wished to speak on this agenda item. . Chair•man Thompson closed the informal public hear•ing. Chair�man Thompson reviewed discussion in the staff r�epor•t of the ten factor�s listed in Section 20.03.G. of the City Zoning Code for� consider�ation of a Conditional Use Per�mit. The Planning Commission then r•eviewed conditions of approval suggested in the staff r•epor•t. Commissioner Pr•azak suggested adding "on week days" to suggested Condition No. 3 limiting the number• of students pr•ior to 5:00 P.M. and suggested wor•ding "limited to evenings and weekends" in Condition No. 5 concer•ning scheduling of special functions. It was moved by Commissioner• Leppik, seconded by Commissioner• Singer• and car•ried unanimously to recommend City Council appr•oval of the Conditional Use Per•mit r�equested by Ms. Mar•y Constantine for� location of a dance studio at 8840 7th Avenue North in a Light Industr•ial Zoning District conditional on the following: Planning Commission Minutes - September 27, 1982 Page 10 1 3� 1. Student use of the f�ont entr•ance only, with no student use of the back door• to the loading dock ar•ea except as an eme�gency exit. 2. Use of par•king spaces in the back of the building fo� staff par•king only. 3. Scheduling of a maximum of 28 students in the dance studio at one time until after• 5:00 P.M. on week days. 4. No scheduling of classes, lessons or functions after� 10:00 P.M. 5. Scheduling of r�ecitals, per�for•mances and special functions limited to eve- nings and weekend�. 6. Confor•mance with City Building Code and Fir•e Safety r�egulations. 7. Signage shall conform to the City Sign Regulations and meet the appr�oval of the Ci ty Bui 1 di ng I nspector•. 8. Fai 1 ur•e to comply wi th one or� mor�e of the above condi ti ons of appr�oval shal l be gr•ounds for• r•evocation of the Conditional Use Permit. VIII. Repor•t on City Council Meeting - September• 21, 1982 Commi ssi oner• Si nger• pr•ovi ded the P1 anni ng Commi ssi on wi th a r•epor•t on the September• 21, 1982 City Council meeting. IX. Repor�t on Hennepin County Budget Allocation for• Moving of Firing Range Chair•man Thompson pr•ovided Planning Commissioner•s with infor�mation copies of a page of the Hennepin County budget allocating funds for• moving of the Hennepin County Fir•ing Range located in Golden Valley. X. Discussion of October Meeting Schedule P1 anni ng Commi ssi oners concur•r•ed wi th the r•ecommendati on of Chai r•man Thompson that the Planning Commission cancel the first meeting in October due to the Columbus Day Holiday on the r•egular� meeting date. The meeting was adjour�ned at 9:50 P.M. Respectfully submitted, ����-�4 � Davi d hompson, hai rman ar�gar�et��� eppi k, Secr• r•y