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08-13-90 PC Minutes MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION August 13, 1990 A regul ar meeting of the P1 anning Commission was held at the Golden Valley City Hall , Council Chamber, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Prazak at 7:05p.m. Those present were: Leppik, Lewis, Kapsner (7:05p.m.-8:lOp.m.), McAleese, McCracken-Hunt, Prazak and Russel 1 . Also present were: Mark Grimes, Director of P1 anning and Development; Beth Knobl auch, City P1 anner and Mary Dold, Secretary. I. Approval of Minutes -June 11, 1990 MOVED by Lewis, seconded by Russell and motion carried unanimously to approve the June 11, 1990 minutes with the following correction: Page 1. Paragraph 7. It was suggested that the I-394 corridor have a "special" zoning district, exempting ... district is rezoned. II. Informal Public Hearing -Conditional Use Permit Applicant: On-Bel ay, Inc. Address: 6100 Golden Valley Road, Golden Valley, Minnesota Request: To operate a residential facility in a Business and Professional Office Zoning District Chair Prazak introduced this item and asked staff for an overview. Mark Grimes, Director of Planning and Development gave a brief presentation of the materi al s submitted by Beth Knobl auch and On-Bel ay, Inc. He asked the Commission to bear in mind two things. 1) Is the requested Conditional Use Permit as a residential treatment facility compatibl e with this particul ar location and 2) is it similar to other Business, Professional and Office (BP&0) uses. Peter Beck from the law firm of Larkin, Hoffman, Daly & Lindgren, Ltd. repre- sented the applicant. Mr. Beck touched on points from the letter that he sub- mitted to the commission. He talked about the On-Belay organization, the present centers in operation and the similarity of the Blaine operation to the proposed operation in Golden Valley. He talked about the exterior and interior 1 ayout. Jean Lewis asked Mr. Beck why Golden Valley was chosen. Mr. Beck stated that Golden Valley was not a search city; On-Bel ay wanted to have a facility that would be close to their general offices located in St. Louis Park. Also, this site would help control costs and increase efficiency. ~ ~~~ ~~ _~. P >v a~ Minutes of the Golden Valley Planning Commission August 13, 1990 Page Two Joan Russell brought up a concern for adequate parking spaces. Mr. Beck stated that there are 25 parking spaces planned on the site. However, they do not expect their need to exceed 15 because there is 24 hour staffing. This parking would serve staff people and people who would come in the evening for counseling sessions. Melissa Brogger, Program Director talked briefly on the screening process, pro- gram structure, requirements for the residents, security and success rate of the program. Commission Leppik asked when the facility would be filled to the maximum. Don Benson, President of the Company, stated that this business is cyclical and .during the summer months the facility has a lower occupancy. The facility won't necessarily have the 34 beds filled all the time. Commissioner Kapsner asked what the reason was for closing their Plymouth and Blaine facilities. Mr. Don Benson stated that the location was better in Golden Valley and it would be more economical to operate only one facility. Commissioner Leppik asked staff about the allowable size of residential facili- ties in zoning districts. Beth Knoblauch, City Planner stated that the limit of 25 in a multiple dwelling zoning district with a Conditional Use Permit (CUP) is the requirement that the state says that local communities must accept. Any- thing larger than that is at local discretion. Mark Grimes added that the City of Golden Valley adopted this state requirement three or four years ago. We amended our code to allow residential facilities of up to 25 in a multiple family district in accordance with the State Statutes. Chair Prazak opened the Public Hearing. John Richter, owner of the building at 5905 Golden Valley Road and representing the tenants, gave a brief summary of bringing business into Golden. Valley and actions of the Planning Commission and City Council in past years. He recom- mended to the Planning Commission that they turn down the request by On-Belay for a Conditional Use Permit. Mr. Richter gave to the Commission a summary of his request along with signatures from tenants in the building located at 5905-55 Golden Valley Road. Don Singer, 6014 Golden Valley Road gave a brief history of treatment centers in Minnesota. He stated that granting a permit in Golden Valley would break the spirit of the 1 aw if not the 1 etter of the 1 aw and commented on where these clients would be coming from by closing the two On-Bel ay facilities in Bl aine and Plymouth. He felt the closing of the two facilities and merging into one would concentrate rather than disperse residential facilities. Jean Roth, 6200 Golden Valley Road talked about being in an unsecured building and what kind of security measures would need to be taken if this proposal goes through. She feels that this faci 1 i ty i s too 1 arge for the area. Leah Wal l enburg, 6156 Golden Valley Road talked about property values and the soft market for townhomes at this time. She wanted to know if property values would go down located near a residential facility. Minutes of the Golden Valley P1 anning Commission August 13, 1990 Page Three Jim Goldstein, 6172 Golden Valley Road is aboard member of Hidden Village and charged with making sure that the common grounds of Hidden Village are main- tained. He is concerned about security of the townhome complex and the resi- dents of On-Bel ay trespassing on their property. Charl es Wolford, 6148 Golden Valley Road has the closest unit to the compl ex and is in favor of the residential facility. Chair Prazak closed the Public Hearing. Mr. Beck and Melissa Brogger addressed the security question. It was stated that the clients are supervised 24 hours a .day, there are camera monitors in the halls, and the nurses station will be looking directly down the corridor where night rooms are located. The schedule is very intense which 1 eaves littl e time for anything else. Recreation consists of in and outdoor activities such as basketball, aerobics, visiting the YMCA, trips to local pools and trips to nature centers. No outdoor activity goes on without staff supervision. Commissioner LEwis asked what On-Belay does about runaways. Melissa Brogger stated that they are reported to the police and parents are called immedi ately. Very few occur. Don Benson stated that he would 1 ike to comment on the security aspect. Treat- ment is very hard work and clients don't have enough energy to go running around the neighborhood. On-Belay does have along track record and neighbors do not write letters of recommendation if problems were arising. Chair Prazak opened the public hearing. Leah Wall enburg, 6156 Golden Valley Road and felt that her question about property values on townhomes was not answered. Mark Grimes stated that the- literature on this issue showed that it did not decrease property values. The realtor for On-Belay felt that a well maintained residential facility would enhance the area. Mary Merlin, 6010 Golden Valley Road, concerns were the recreation for this program, the architect's design for greenery, and space for an outdoor basket- ball court. She felt there wasn't room for the court. Russell E. Frey, 6140 Golden Valley Road was concerned about green area being ruined by the construction of a basketball court. Don Gustafson - 6008 Golden Valley Road the potential noise probl em. He also affected by the proposed Golden Valley V i 11 ag e. was concerned about recreation area and stated that there are alot more peopl e facility due to its closeness to Hidden Lucille Keltgen, 6170 Golden Valley Road said their Minnetonka facility looks unkept. Also as a single older women, she is concerned about security. Did not buy a townhome to have teens in area and concerned about value of property. ,-, ,, Minutes of the Golden Valley P1 anning Commission August 13, 1990 Page Four Karin Goldstein, 6172 Golden Valley Road was concerned about the safety of retirees in area and concerned about the energy 1 evel of worn out teens and what they can do to property. Thomas R. Danahy, 6194 Golden Valley Road asked if On-Bel ay would guaranty the value of their property. Michele P. Weth, 6712 Golden Valley Road asked if the program goes wrong, what avenue do Golden Valley citizens have to express their concerns. She also wanted to know about staff/resident ratio. Also if there is a lock in at night, how many staff are locked in with them. Todd Miles, 6712 Golden Valley Road talked about the adult residential treatment program in the 6700 block on Golden Valley Road and the lack of security that he perceives of that facility. Melissa Brogger, Program Director, talked about the State of Minnesota guide- 1 fines and that this facility would not be understaffed. Also, when a client goes outside a staff member is with them at all times. Hannah Asfaw-Dereji, 6188 Golden Valley Road questioned whether the residential facility is compatible. Louis Anderson, 6196 Golden Valley Road said 6100 Golden Valley Road is in an area that is very, very busy and feels that this is a bad area for the facility. Mona Peck, 6006 Golden Val 1 ey Road i s concerned as a homeowner. She also wanted to know about noise and how much time the residents were outside. Melissa Broger commented that most residents are only out for approximately one hour. Chair Prazak closed the Public Hearing and announced a five minute recess. The Commissioner resumed the meeting. Mark Grimes stated that the Commission must take action on what On-Belay has requested - a Conditional Use Permit for a residential facility in a BP&0 zoning district for 34 beds. The Planning Commission must determine if the proposed application is compatible with other uses permitted in the BP&0 district. Commissioner Russell asked Mark Grimes about the office building across the street being industrial. Mark stated that offices are a permitted use in an industrial district. The owner of that building does not feel that overnight residential use is compatibl e with their office uses. Mark stated that in Golden Valley mixing of residential and office uses are not permitted in the BP&0 zoning district. Commissioner McCracken-Hunt stated that she was uncomfortable with the precedent of having a 24-hour residential use in a BP&0 district. She said she would be more comfortable with the proposal if the applicant amended the Comprehensive Plan to Multiple Family and then rezoned the property to Multiple Family. A 25 person residential facility would then be allowed by CUP. She believes that 34 persons i s too 1 arge. Minutes of the Golden Valley Planning Commission August 13, 1990 Page Five Commissioner Leppik agreed with McCracken-Hunt's statement. Leppik stated that the Comprehensive Plan for multi-unit residential is a good zoning for that area. Mark Grimes stated that the only way a residential facility can go above 25 clients is to both amend the plan and zoning ordinance to Institutional. In the Institutional District, there is no size limit to residential facilities with a CUP. Commissioner Leppik stated that if 25 is the maximum site for a residential facility in the Multiple Family District, going to 34 is a 30% increase. This is a farely sizeable difference in number and that is why I am more uncom- fortabl e wi th i t. Commissioner Russell said that the residential facility with 34 clients is high density in character. Commissioner Leppik said that the job of the Planning Commission is to consider if the proposed residential facility in this location is an appropriate land use. The Planning Commission should not base its recommendation on whether or not a 34 or 25 bed facility is more economical to operate. Commissioner Leppik said that she believes the On-Belay operation is an excell ent program and that it is needed in the area. However, she believes that the number of clients is too many and that applying for a CUP under the BP&0 zoning is not appropriate. Chair Prazak stated by using a CUP as proposed, the City maintains greater control over the use of property. Commissioner Leppik said that she believes that rezoning to Multipl e Family and considering a CUP for a 25 person residential facility is the best route for On-Bel ay to pursue. Commissioner Russell asked about the demonstrated need of this type of facility and feels that there is alot of competition out there for this kind of facility. She said she believes that there are younger persons out in the suburbs with drug problems that need to be served. However, she has no specific evidence of a need or demand. Chair Prazak said that he understands by talking with people who buy the ser- vices and credits them and licenses them that they would expect this facility to be as full as any other facility of its type. My guess is that it would be even more attractive because of its location closer to more popul ation rather than driving out to Blaine. Chair Prazak said that he talks with people who 1 icense and accredit these facilities at the State 1 evel and believes that this facility would be full due to its location. Commissioner McAleese said that in this case there is a demonstrated need because On-Belay will be combining two facilities into one in Golden Valley with 1 ess beds. Mark Grimes stated that the State 1 icenses these types of residen- tial facilities and they have a concern in not creating too many beds in any one kind of category. He also stated that there i s a need for a vari ety of program choices to solve peoples problems. ~.~~ ~~ Minutes of the Golden Valley Planning Commission August 13, 1990 Page Six Commissioner McCracken-Hunt said the first issue that we have to deal with i s the compatibility of a residential facility in the BP&0 district. Commissioner Leppik stated that there are two things which need to be looked at concerning compatibil ity. 1) the general concern regarding the quality of the residential facility and 2) is this particular program compatible. Beth Knobl auch, City P1 anner, stated that even i f this had been rezoned to a Multiple Family District, residential facilities in that district are still by CUP. There are some 1 imits that are pl aced on us by State 1 aw. State 1 aw says that the conditions that you put on a residential facility in a Residential District must be to protect the clients of that facility. According to State 1 aw, because these are state regul ated facilities they are not a danger to the neighborhood. The City cannot put conditions on because we think the neighbor- hood needs to be protected. The City could put a condition on for a privacy fence, in this situation where it is a tight site, if the City felt that the clients needed more privacy. Mark Grimes stated that a CUP would have to be issued for a residential facility in any zoning district. Also, CUP's go with the property, not the owner. Therefore, On-Belay could sell out to another operator that could run the facil- ity under the conditions outlined in the CUP. Commissioner Leppik asked if the conditions could be made so specific that it is obviously tied to one company. Mark Grimes stated that the City has to be very careful to write conditions that do not take the rights of a property owner away when they want to sell. Chair Prazak stated that he liked the proposal by On-Belay. He said the faci- 1 ity would create 1 ess traffic than an office building. The proposal would improve the site and provide a needed program. He also felt that On-Belay is a good organization with a good track record. Commissioner McAleese stated that he thought this residential facility would be a fine addition to Golden Valley. Unfortunately, it requires that the City look at the zoning code to determine if the use is compatibl e. He said that the BP&0 District was intended for business uses and the uses that support busi- nesses such as day care center in office buildings. The City has never per- mitted residential uses in districts other than Residential Districts. Chair Prazak stated this use is compatible in amulti-family area to the north. Commissioner McAleese said that he also had two problems with the proposal: 1) the land is BP&0 and 2) the City would be setting a precedent that would allow a residential facility in other BP&0 districts without amending the Zoning Code. Commissioner McCracken-Hunt stated that she would support this facility if it were in a multiple zoning district that put a maximum of 25 on it. Also, she does not want to set a precedent that would allow other residenti al facilities in BP&0 Districts. 4, c.% ~ .- Minutes of the Golden Valley P1 anning Commission August 13, 1990 Page Seven Mark Grimes stated that the City could amend the Zoning Code to allow by CUP residential facilities with more than 25 residents in the Multiple Dwelling District. However, the City would have to think aboutwhen a residential faci- lity becomes larger than 25 residents, is it any larger residential in character or is it more institutional in character. Commissioner Russell stated that she is concerned abut spot zoning. Mark Grimes stated that the City is fully developed City and it is difficult to find vacant locations that would not have compatibility problems. Any time the City deals with this issue, the City will be dealing with a zoning change and it's going to be a difficult decision. Commissioner Leppik stated that her feeling was that On-Belay runs a good program and the City should do does need these facilities. Her concern is with the process. She would feel more comfortable if the. property were rezoned to Multipl e Family. Beth Knoblauch said that the Planning Commission could recommend that although residential facilities are compatible in the BP&0 district if it were for 25 or fewer.. peopl e. .Then the applicants would have to re-eval uate their concerns about the-cost effectiveness and the economic viability of the facility for only 25 clients. The Planning Commission has the right to state that the CUP would be compatible if it were only to serve 25 clients. The Planning Commission agreed that it must first be determined if the residen- tial facility is compatible. Chair Prazak said that by issuing a CUP for the facility the City can write the permit to accommodate On-Belay and the City. Commissioner Leppik said that she believes that a residential facility serving over 25 clients is institutional in nature. The Planning Commission made the following recommendations: MOVED by Leppik, seconded by McCracken-Hunt on a vote of five yea and one nay to recommend to the City Council that a residenti al use in a Business and Profes- sional Office is not a compatibl a use. MOVED by Leppik, seconded by McCracken-Hunt on a vote of five yea and one nay to recommend to the City Council denial of the Conditional Use Permit application to operate a residential facility in a Business and Professional Office Zoning District at 6100 Golden Valley Road. The Planning Commission took considerable time to discuss the ten standard fac- tors for evaluating conditional uses and also the proposed conditions regarding client capacity, parking alternatives, privacy fence, west side driveway, the attachment of the site plan to the conditions and a failure to comply cause for recommendation to the City Council. The Planning Commission did not take formal action on these items due to their prior decisions regarding the compatibility of the proposed use. g~~ry _~ Minutes of the Golden Valley P1 anning Commission August 13, 1990 Page Eight III. Plannin Commission Review of Amendment to the Trans ortation and Sewer E ements of the Comprehensive P1 an Chair Prazak introduced this item and asked staff for a brief summary. Scott Brink from the Engineering Department gave a brief review of the Sewer Element to the Comprehensive P1 an. MOVED by Lewis, seconded by McAleese to approve the update of the amendment to the Sewer E1 ement of the Comprehensive P1 an. Staff gave a brief summary of the update to the Transportation Section of the Comprehensive Plan. It was noted by Commissioner Lewis and McCracken-Hunt that there is a need for bike racks to encourage their use. MOVED by McCracken-Hunt, seconded by McAleese and motion carried unanimously to approve the submitted amendment to the Transportation Section of the Comprehen- sive P1 an with the addition of bike racks. IV. Re orts on Meetin s of the Housin and Redevelo ment Authorit Cit Counci and Board of Zoning Appea s No reports were given. V. Other Business No new business presented. VI. Adjournment Chair Prazak adjourned the meeting at 11:15p.m. Linda McCracken-Hunt, Secretary 1 1 1