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10-22-90 PC Minutes MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION October 22, 1990 A regular meeting of the Planning 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: Kapsner, Leppik, McAleese, McCracken-Hunt, Prazak and Russell; absent was Lewis. Also present were Mark Grimes, Director of Planning and Development; Beth Knoblauch, City Planner and Mary Dold, Secretary. I. Approval of Minutes - October 8, 1990 MOVED by Russell, seconded by Kapsner and motion carried unanimously to approve the October 8, 1990 minutes as submitted. II. Informal Public Hearin - Zonin Code Amendment Re ardin Trade Schoo s Training Centers Chair Prazak introduced the agenda item and asked Beth Knoblauch to give a sum- mary of this item. Hennepin Technical College operates an employment skills training program for high school dropouts.- Their proposal is to operate such a program in an office building in Golden Valley.- The building is currently zoned Industrial. Staff looked at the uses allowed in the Industrial District where the particular building in question is located. The proposed use doesn't seem to fit under anything that is allowed in the Industrial District; it did seem to be fairly close to what staff would consider a trade school/training center which are currently allowed in the Commercial District. The proposal is to amend the text of the Industrial Zoning District to allow trade schools and/or training centers in the Industrial District with a conditional use permit. The proposal is to add a definition for trade schools and training centers which do not exist in the code right now, add parking requirements for trade and training schools and require a conditional use permit for their operation in the Industrial Zoning District. Parking requirements at present for training schools is one space for every four units of seating based on maximum capacity in a Commercial District. For a suburban location, staff feels this is not an adequate parking space ratio. A ratio of one to one for staff and students based at a capacity of seats instead of total enrollment is recommended by staff. Hennepin Tech guarantees cab transportation for clients in their program so this particular use doesn't have a need for the parking. On the other hand, this site is nonconforming in terms of parking. According to the Code, a non- conforming use cannot be expanded. The parking ratio recommended by staff would require additional parking and the building would become more nonconforming. Beth Knoblauch went through the staff recommendations and discussed the defini- tion of "Trade School or Training Center". f w Minutes of the Golden Valley Planning Commission October 22, 1990 Page Two - ' Commissioner Kapsner asked that if t in the Industrial zone is there this isn another classification where it would fit better. Beth stated that the Commer- cial District right now allows trade schools/training centers and there is no definition for it in the code. Mr. Kapsner asked if we put this in the Indus- trial zone now, what if we have an application in the Commercial District, six months down the road for the same type of facility? Would they not be able to put it in a Commercial District because it is allowed in the Industrial District? Beth Knoblauch said no because it is in a Commercial District now. The Planning Commission would have to go back and look at the Commercial District based on what was decided in the Industrial District. The next recommendation that Beth discussed was adding "Trade Schools or Train- ing Centers" to the conditional use list. Staff recommends that the parking requirement be the same both in the Industrial District, where it is being added and in the Commercial District, where it now exists. Staff also recommends that the parking ratio should be one to one for both students and employees and recommend against including-any waiver provisions because of the concern of establishing a precedent and concern regarding enforcement. The portion that staff put in regarding parking but is not happy with is the parking requirement "may be modified under the terms of the conditional use permit in cases where, and only for as long as, alternative transportation modes are guaranteed by the entity or agency responsible for administering the program of the school or center". Commissioner Russell asked that if someone were going to bus office employees to an office location for work would they request the same type of conditional use permit. Staff said that this could happen. Chair Prazak stated that he was uncomfortable with the waiver being so specific and tailored to a particular application. He said providing transportation to a training site is an unusual arrangement. Commissioner Russell stated that she disagreed with that because busing might be quite common from a plant in St. Paul to a training location in Golden Valley for industrial purpose training. Commissioner Leppik stated that the waiver gives a guarantee by the entity that they would provide alternative transportation. Commissioner Kapsner asked what if they don't meet the guarantee, what are the consequences. Mark Grimes stated that it would be hard to police such problems. The leasing agent would probably be the first person to hear about a problem so maybe there is certain language that can be put in leases regarding how much parking is available for that site. Mark Grimes stated that the concern staff has had is the precedent setting regarding parking. If the City allows this one to go with less parking, other uses will want non-conforming parking because of this waiver provision for training centers. Commissioner McCracken-Hunt talked about promoting alternative transportation as a good direction to move. She is concerned about potential abuse of this type of conditional use and how it would be enforced. 1 1 Minutes of the Golden Valley Planning Commission October 22, 1990 Page Three Commissioner McCracken-Hunt asked how alternative transportation modes can be guaranteed. Staff said that the only way would be to require a CUP that states parking on site will be provided if alternative transportation quits. Commission Russell asked if the one to one parking seemed reasonable. Staff stated that adults will drive to classes if they are held either during the day or night due to scheduling problems people have. Commissioner McAleese stated that he was not opposed to flexibility for parking, but he is opposed to a waiver because it seems the direction the zoning code should be taking is setting forth standards that can be applied objectively and fairly. The Commission should look for ways to encourage alternative forms of transportation but the way this waiver provision is written really-doesn't pro- tect the interest of the City and doesn't protect future proponents who come in and want the City to apply the same standard to them that we would apply to everyone else. Commissioner Russell asked what bothers staff about this waiver. Mark Grimes stated the enforceability of it and the issue of precedent setting. There are ways to enforce it by putting certain language in the Conditional Use Permit. Commissioner McCracken-Hunt stated that if the City believes that the use of alternative transportation modes are good then the City should provide for ways to use such transportation. Staff stated that many uses are not "fitting into" the zoning code any longer and the problem may be that it is difficult at times for leasing, renting and selling space and owners realtors are trying to be more "flexible" or "creative" to attract tenants. The. staff is seeing more requests to change the text of the Zoning Code to permit uses where they have not previously been permitted. Chair Prazak opened the Informal Public Hearing. Brian Long, Towle Real Estate, provided information about parking required by other cities and regarding parking at the Florida West Office building. Chair Prazak closed the Informal Public Hearing. The Commission discussed the definitions supplied in the staff memorandum. It was agreed by the Commission to drop the language in parenthesis under "Trade School or Training Center". Commissioner Leppik asked staff if there was a problem now in the Commercial District on the one to four parking ratio for training schools? Staff said no, but the GM Training Center is the only known site of a training school at this time. Commissioner McAleese stated that what is being created is a class of uses that cause a waiver to occur. The class is ill-defined and it does not state what modes of transportation have to be. Commissioner McAleese also questioned the phrase "may be modified" and felt that there should be standards when something could be modified. _-:, ~ ~- Minutes of the Golden Valley Planning Commission October 22, 1990 Page Four Beth Knoblauch stated that she agreed with Commissioner McAleese, that the terms should be specific enough to use and practical enough to be useful. The issue is what is a reliable way of having the parking waived. What can the City depend on that will work. Mark Grimes stated that staff felt that the parking standards for schools in Commercial Districts is currently too small. Commissioner Russell felt that this is where the Commission should be headed tonight making the decision for the Commercial and Industrial area and if staff is uncomfortable with the waiver to establish a floor. Mark Grimes said yes and that staff felt the floor should be one space for every student and one space for every teacher or seat. Commissioner Russell questioned how much parking a trade school would need. If there is a problem with the ratio it should be changed in all districts. Mark Grimes said a conditional use permit could be written as tight as the City wanted it to be and could put even a time limit put on it. Commissioner Leppik stated that if there is now a district where trade schools are permitted (Commercial District) the parking ratio should be the same for trade schools in all districts. Commission Kapsner asked staff what if the wording of the waiver were changed to read "This requirement may be modified under. the terms and conditions of the conditional use permit in cases where and only for as long as parking require- ments will be met on the existing site" and leave out the specific guarantee of alternative transportation modes. Mark Grimes asked what the parking standard should then be? Commissioner Kapsner said to leave it one to four in the Commercial District or change it to one to one but give them a waiver if they meet the parking requirements on the existing site. A majority of the commissioners felt that this idea would not work because of the "after the fact" situation of parking that may occur. Commissioner Kapsner saw no problem with going with the one to one but then giving the waiver. Commissioner Prazak thought this was too loose of a change. McCracken-Hunt stated the problem with giving this CUP is that the promise from someone who is not up and running may not be able to keep the parking require- ment once they are in operation. Chair Prazak stated that he supports staff recommendation regarding the one to one parking with the waiver as specified with the guarantee that alternate modes of transportation would reduce the need for parking. 1 1 1 Minutes of the Golden Valley Planning Commission October 22, 1990 Page Five MOVED by McAleese, seconded by McCracken-Hunt and motion carri ed with five yea votes and one nay vote approving the definition deleting the words "(such as weight loss or stop smoking programs)"; adding "Trade Schools or Training Cen- ters" to the conditional use list for the Industrial Zoning District and the parking requirements as follows for "Trade Schools or Training Centers - One (1) parking space per seat, based on maximum seating capacity, and one (1) space per instructor or support staff position. Commissioner Leppik asked if a time limit could be placed on the waiver. Beth Knoblauch stated that a time limit could not be placed on the waiver but the CUP could contain a time limit. Leppik stated that the waiver would address con- cerns the City may have regarding mass transit and looking at different ways to encourage car pools and different means of transportation in the City. MOVED by Leppik, seconded by Russell and motion carried with four yea votes and two nay votes to approve the waiver language as submitted by staff which reads: This requirement may be modified under the terms of the conditional use permit in cases where, and only for as long as, alternative transportation modes are guaranteed by the entity or agency responsible for administering the program of the school or center. Beth Knoblauch brought to the attention of the Commission that they had approved the change in the parking requirements in both the Commercial and Industrial Districts. The City Council may want to review this parking regulation in both the Commercial and Industrial Districts (change of one to four to one to one). MOVED by McCracken-Hunt seconded by Kapsner and motion carried unanimously to recommend to the Council adding Trade Schools and Training Centers as a Condi- ti onal use to the Commercial Zoning District when an applicant wants to waive the required parking. requirements as proposed for the Industrial Zoning District. III. Informal Public Hearin -The Canada Life Assurance Com an - Conditiona Use Permit Applicant: The Canada Life Assurance Company Address: 715 Florida Avenue South, Golden Valley, Minnesota _Request: Consider___a request__for a Condtional._ Use Permit to operate an employment skills training ,.center in the Industrial Zoning District Chair Prazak introduced this agenda item and asked staff for a brief summary of the request. Beth Knoblauch stated that this request is to .operate an employ- ment skills training center in the Industrial Zoning District. It would be operated by the Hennepin Technical College. The program would serve high school dropouts and the maximum student capacity is 25 with four staff people. The students are brought to the site by cab and leave by cab. Beth reviewed the 10 Factors for Consideration which can be found in the staff report to the Planning Commission dated October 18, 1990. Minutes of the Golden Valley Planning Commission October 22, 1990 Page Six Brian Long, Towle Real Estate Company, represents the owner and: all leasing and management aspects of the building. He reviewed the site plan with the Commis- sinners and staff and stated that both students and staff will enter the build- ing from the south side service door. Wally Campbell, Hennepin Technical College, talked about the transportation part of the program, how the program works and how the students are supervised. If a student is not fitting in he/she is removed from the program. This program is voluntary on the student's part. This program is not on-site at Hennepin Tech because students are classified as "dropouts or as a put-down group" and this school helps them through the transition from unemployment to employment. The success rate is about 70% and one out of four will go on to further schooling. Commissioner McCracken-Hunt asked about the accessibility to handicapped. Mr. Long reviewed a blue print for a ramp that is acceptable to the building code and that modification will be made. Chair Prazak opened the Informal Public Hearing. Roger 6artlett, 360 Brunswick Avenue So., stated that after listening to the representatives for this request he was not as concerned about the program any- more. He was concerned about the traffic generation but felt his questions had been answered. Dianne Asproth, 340 Dakota Avenue So. expressed concern about these students using the trail systems, smoking, loitering and the parking lot use. Mr. Campbell responded saying that the school in Ridged ale is near a residential area and they have had no problems. Students have only limited break time between classes. Commissioner McCracken-Hunt asked about a smoking area. Doug Shellum, Towle Realty stated that there was a designated smoking area in the lounge area adja- cent to the offices to be used by the training center. Chair Prazak closed the Informal Public Hearing. MOVED by Leppik, seconded by McAleese and motion carried unanimously to recom- mend to the City Council approval of a Conditional Use Permit to operate an employment skills training center in the Industrial Zoning District. IV. Re orts on Meetin s of the Housin and Redevelo ment Authorit Cit Council and Board of Zoning Appea s No reports were given. V. OTHER BUSINESS No new business. VI. .Adjournment Chair Prazak adjourned the meeting at 10:15p.m. ~: Linda McCracken-Hunt, Secretary 1 1 1