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02-25-91 PC Minutes MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION February 25, 1991 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, Lewis, McAleese and Prazak; absent was McCracken- Hunt. Also present were Mark Grimes, Director of Planning and Development; Beth Knoblauch, City Planner and Mary Dold, Secretary. I. Approval of Minutes - February 11, 1991 MOVED by Lewis, seconded by Kapsner and motion carried unanimously to approve the February 11, 1991 minutes as submitted. II. Informal Public Hearing - Amendment to Comprehensive Land Use Plan Map Applicant: Golden Valley Congregation of Jehovah's Witnesses Address: Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition Request: Amend Comprehensive Land Use Plan Map from Residential to Semi-Public Facility III. Informal Public Hearin - Rezonin from Residential to I-1 Institu- tiona Facility Applicant: Golden Valley Congregation of Jehovah's Witnesses Address: Lots 1, 2, 3, 4, and Outiot 1; Block 1; Marimac Addition Request: Rezone from Residential to I-1 Institutional IV. Informal Public Hearing - Minor Subdivision Applicant: Golden Valley Congregation of Jehovah's Witnesses Address: Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition Request: Minor Subdivision to consolidate several existing lots along Winnetka Avenue Chair Prazak introduced this agenda item and stated that because the above requests pertain to the same property there would not be separate public hear- ings for the three issues but will be voted on separately. Chair Prazak asked staff for a brief summary of the requests. Beth Knoblauch, City Planner, gave a brief summary of the requests of the Golden Valley Congregation of Jehovah's Witnesses Church. 1 1 1 P ~ Minutes of the Golden Valley Planning Commission February 25, 1991 Page Two Beth Knoblauch reviewed the Comprehensive Land Use Plan Map. She stated that churches are considered to be neighborhood based. In Golden Valley the vast majority of existing churches are located in situations exactly like the pro- posed one where there is access onto a collector or arterial street and single family residential uses on one or more sides. Winnetka Avenue is an arterial street. This church is an appropriate use for the site. Ms. Knoblauch reviewed the rezoning request. The property is zoned single family residential which does not allow churches by right or conditional use. Golden Valley does have an institutional zoning .district which is appropriate for schools and churches. However, there is no vacant I-1 property at this time. In order to permit a church, this property will have to be rezoned to I-1 Institutional. The site plan shows that the proposed location can meet all the zoning requirements including setback and parking requirements. The argument coul d be made that thi s coul d constitute spot zoning but thi s i s the way that churches are zoned in Golden Valley. Each one has its own zoning identification on the zoning map. In almost every case, churches are surrounded by other types of zoning (mostly residential). The spot zoning argument doesn't work unless one excludes churches entirely or develop some sort of "mega church district" and have every church side-by-side in that district. The third item reviewed by Ms. Knoblauch was the request for a minor subdivi- sion which would consolidate all consisting parcels on the site into a single parcel. Eight factors regarding minor subdivisions were reviewed. Staff is recommending approval of the Comprehensive Land Use Plan Map, Rezoning and Minor Subdivision. Chair Prazak. asked where the entrances to the church would be on Winnetka Avenue. Ms. Knoblauch stated that one entrance has been planned and the Hennepin County Department of Transportation must approve the location of that entrance. Commissioner Lewis asked if anyone had consulted the City Engineer as to whether there would be a problem with drainage. Ms. Knoblauch stated that the City has not conducted any specific drainage studies. Lowell Odland, City Engineer, has the opinion that there are poor soils on the property and that this could cause development problems. Mark Grimes commented that Mr. Odland has reviewed the site plan. Drainage from the lot will flow into the existing storm sewer sys- tems and not have a negative effect on adjoining property. The City has to assure this before the building permit can be issued. Chair Prazak asked the applicant from the Jehovah's Witnesses congregation to come forward and make any comments and answer questions. The representative, Michael Cave, reviewed the site plan, pointing out the location of the building.. He discussed the drainage problem and stated two storm sewer drains will be located in the lot. Mr. Cave talked with the County and they requested that the entrance at the south end of the lot be moved to the north end because of the hill and traffic problems which may occur. The applicant was also asked, by Hennepin County, to make the driveway 30 ft. wide rather than 24 ft. Mr. Cave also talked about the request by the County to dedicate an additional seven feet of right-of-way .for .future widening of Winnetka Avenue. Chair Prazak opened the informal public hearing. Minutes of the Golden Valley Planning Commission February 25, 1991 Page Three Kathy Thorsell, 2041 Valders Ave. No. asked about the a driveway from Valders for the church, change in the tree line and how long the congregation would be staying if they out-grow this facility. Beth Knoblauch commented that the City has no plans to put a city constructed street going into Valders and nor does the applicant. The applicant hopes to retain as many trees in the SW corner as possible to serve as a buffer. Mr. Cave explained that there are no plans to move the congregation off this site and that when the congregation becomes too big, anew site would be located and the congregation would be split. Edward J. Muszynski, 7925 23rd Ave. No. is concerned about water draining from the parking lot. He would like to know what will happen to the empty lots behind 7925 23rd Avenue i f the C i ty i s not going to put the street i n off of Valders. Mark Grimes stated that there will be storm sewer drainage in the parking lot that hooks up to the City system and the City expects no drainage problems. In terms of the large area behind the double home on Winnetka, the plan had been, in years past, that potentially there could be a couple lots built on that property fronted on a street off Valders Avenue. Staff has talked with the City Engineer who has worked over the years with the property owners and no agreement has ever been struck about building a street. Mr. Muszynski requested to be notified so he could have someone review the drainage plan with him. Mark Thorsell, 2041 Valders Ave. No. is opposed to rezoning of the property. He read a brief statement of objections and handed the statement to the City Planner. Ray Becker, 2140 Valders Ave. No. is concerned about water problems and the intrusion of churchgoers on the small lot next to his property which is owned by the applicant. Mark Grimes stated that the Jehovah's Witnesses want to maintain the low area near the Becker home because the soil is not good. Mr. Becker asked about the distance between his house and the back of the proposed Kingdom Hall. Mark Grimes calculated that the distance would be approximately 140 feet. Robert Erickson, 2041 Winnetka Ave. No. asked about the meeting schedules and discussed his concern with invasion of headlights and parking lights later in the evening. Mr. Erickson handed the City Planner church schedules from the Jehovah's Witnesses facilities in Golden Valley, Champlin and Maple Grove. Mark Grimes stated that he has talked with the applicant about meeting times and most should be over by 9:30-10:00 and parking lot lights should be out around 10:00p.m. Ted Stone, 2001 Rhode Island No. questioned information the City had regarding the soil problem and if a church could be built on problem soil why couldn't residences. He is concerned about traffic, drainage and property taxes increas- ing because of the non-exempt status given to this applicant. He asked how many previous churches were built in residential areas before the area was built-up, therefore not needing rezoning. Joy Gerber, 2135 Valders Avenue No. was concerned where the overflow of cars not able to park in the lot during services would park. She was also concerned about not being able to identify cars by their neighborhood and if church goers would walk through yards to get to the church. She asked about City policy regarding church parking on City streets. J 1 1 1 Minutes of the Golden Valley Planning Commission February 25, 1991 Page Four Sara Moore, 2120 Winnetka Avenue stated that she lives in a strong residential area and does not want commercial or other uses encroaching further in the neighborhood. She does not want a parking lot as a neighbor. She feels that the building of this church may make the area more transient bringing in rental homes. She asked if the surrounding neighborhood have input concerning the landscaping and fencing. Ms. Moore submitted to the City Planner a petition from the surrounding neighbors opposing this request. She indicated that neigh- bors would not object to double or townhome construction in the area. Chair Prazak asked staff to comment on the previous questions. Mark Grimes stated that the landscape plan that the City Council looks at is a conceptual plan and the Planning Commission can make suggestions to the Council regarding the 1 andscape plan. The Bui 1 di ng Board of Review reviews the 1 andscape plan before issuing a building permit. Mr. Grimes also talked about. parking on the streets and there should be plenty of room in the church parking lot; if parking became a problem "no parking" signs could be posted on nearby streets. Parking would not be permitted on Winnetka Avenue. Wilt Berger, 7810 Winnetka Heights Dr. is concerned if the property is rezoned to an I-1 district what kind of controls are there for the overall process of developing and who takes into consideration the plans for signs, landscaping, and appearance of the building. Mark Grimes stated that the Building Board of Review holds public meetings but notices are not sent out. If someone is interested in attending they can contact the Zoning and. Inspections Department or the Planning Department regarding the meeting time. Sign codes in Golden Valley are strict and there shouldn't be a problem. Mr. Berger asked how the City would enforce the parking issue if this became a problem -- "no parking" signs would be an imposition on the neighborhood. Mr. Grimes stated that if parking becomes a problem, the first people having a problem would be the church because the neighbors would let them know. Also, there is additional property on the proposed site that could be expanded for parking. The closest street parking would require a 250-300 foot walk for church members. William Moore, 2120 Winnetka Avenue is concerned about the traffic on Winnetka. He lives across from the proposed site and at present deals with peak traffic during the week and does not want i t on Sunday morning. He i s also concerned about children playing and taking away the prospect of having residential fami- lies across the street. He asked the Commission what recourse the surrounding neighbors would have if this proposal passed. He is opposed to rezoning other than to residential. Chair Prazak stated that the City Council will have a public hearing and neighbors would be notified to attend and have another oppor- tunity to raise issues again at that hearing. Merrie Forstein, 8345 23rd Ave. No. is concerned about traffic on 23rd Avenue No., the rezoning of properties and the possibility of decreasing the value of homes in the area due to the church. Edward Hafner, 2125 Orkla Drive concerned about the speed on Winnetka Avenue and recommends denial to rezoning the site. Laverne Becker, 2140 Valders Ave. No. concerned about the overflow parking on Valders. The direct walking route from Valders to the church would pass their front yard. This property strip would be owned by the church. The surrounding neighbors have been maintaining the strip of property owned by the proposed applicant for a number of years. Minutes of the Golden Valley Planning Commission February 25, 1991 Page Five Chair Prazak asked the applicant to make comments. Dick Taylor, a member of the congregation, stated that the church is aware of the neighbors' concerns and wants to be a "good neighbor". Mr. Taylor addressed the drainage topic and stated that the church would have to be assured there would be no problem before building. Parking should be adequate. Church members have never parked on streets, at any facility he knows of in the Twin Cities. He said the members would not be allowed to park on streets. If there would be a problem it would be handled by the church. There are no activities for children during the day and no Sunday school for children. Jehovah's Witnesses have been at the Duluth and Douglas location for 34 years and have had no problems with their neighbors. Commissioner Lewis asked Mr. Taylor about the lighting. He stated the lighting is comparable to that at the Duluth and Douglas site and lights will go out about 10:OOp.m. Commissioner Lewis also asked if the applicant would have a problem discussing the landscape plan with the neighbors. Mr. Taylor responded they do not object to the neighbors' input. Commission McAleese made the comment that the existing neighborhood thinks the Jehovah's Witnesses, at their present site, are good neighbors. Commissioner McAleese asked Mr. Tayor if the move to the new site is contingent upon the sale of the existing site. Mr. Taylor answered yes. 1 Edward Hafner, 2125 Orkla Drive feels that Winnetka Avenue is becoming a "super highway" and requests that the vote on this proposal be withheld until a traffic study is completed. Mark Grimes stated that Winnetka Avenue is an arterial road and its function is to carry traffic and a great deal of traffic. The church is a good use for this site because of its low peak hour traffic. Chair Prazak closed the informal public hearing. Chair Prazak commented that he believes this proposal is reasonable. The traffic would be at off-peak times and is convinced that the church would be a "good neighbor". Chair Prazak expressed his concern that this is a totally residential area on all four sides and is leaning toward not supporting the request. Commissioner Kapsner stated that he shares the concerns of the neighbors but he lives in an area with churches nearby and does not expect the proposed use to cause any major problems. The church would not have to be built on pilings but if this area went with residential some would need to be. He shares Mr. Becker's concern of high water but is convinced that adding two storm sewer drains to this parcel of land would solve some of the water problems. Mr. Erickson brought up the issue of lighting and Commissioner Kapsner feels this is a minor concern. Traffic is a large concern, especially on Winnetka, but it should not be a problem by adding 70 cars to Winnetka on an off-peak time. Commissioner Kapsner is pleased to hear that the church is willing to work with the neighbors on the landscaping. Some land uses do not fit in the neighborhood but schools and churches are a legitimate land use. There are some things that a community needs and there will be some land use in the community that will be non-taxable, and adding a church to the City would not put Golden Valley in an unreasonable situation. Commissioner Kapsner supports the proposal. 1 Commissioner Lewis is concerned with the drainage and would like to see a good plan for the drainage problem. Sees no problem with parking on the site and the F`~~ " ~" ~'. Minutes of the Golden Valley Planning Commission February 25, 1991 Page Six traffic on Winnetka has always been a problem but the church traffic is at off- peak hours and doesn't present a concern. Commissioner Lewis reiterated Mr. Taylor's comment of wanting to be a "good neighbor" and supports this proposal. Commissioner McAleese asked staff what other uses are allowed in an I-1 Institu- tional .District. City Planner, Beth Knoblauch, stated that in the I-1 district only schools and churches; or as conditional uses, day care and heliports. Commissioner McAleese agrees with Commissioner Kapsner on the need for a community to provide space for churches. In Golden Valley, if we don't allow rezonings, specifically rezonings in residential areas, we are talking about foreclosing Golden Valley for any future churches, unless they choose an existing I-1 site. The issues of taxes, the City recognizes that there are certain functions that a community should provide and one of those things are churches. Drainage is not a problem and feels Golden Valley takes measures to make sure drainage doesn't get worse. The question about the traffic study is a concern but the problem is that the County feels that an arterial road, such as Winnetka, is capable of handling an immense amount of traffic. Commissioner McAleese agrees that turn- ing movements to and from the site could cause problems, but feels that a traf- fic study would not pick up on this problem. The issue of lights is important but the church said they would like to be a "good neighbor" and the topography of the land will prevent alot of the lighting issue. Commissioner McAleese has no problem with the minor subdivision. The issue is the change in the character of the neighborhood and feels that the City has entered into a contract to main- tain the character of a neighborhood. The City is dealing with a rezoning and making a change to this area of land that would last forever or until it is changed by the City Council in the future. Commissioner McAleese believes this request would have an effect that would substantially change the nature of the neighborhood and is opposed to a change in the comprehensive plan use map and the rezoning. MOVED by McAleese, seconded by Prazak and resulting in a 2-2 split vote to deny recommendation of approval for a request of an amendment to the Comprehensive Land Use Plan Map of Lots 1, 2, 3, 4, and Outlot l; Block l; Marimac Addition. MOVED by McAleese, seconded by Prazak and resulting in a 2-2 split vote to deny recommendation of approval for a request of a rezoning of Lots 1, 2, 3, 4, and Outlot l; Block 1; Marimac Addition from Residential to I-1 Institutional Facility. MOVED BY Lewis, seconded by Kapsner and motion carried unanimously to recommend to the City Council approval of the minor subdivision to consolidate Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition subject to the eight factors sub- mitted by staff. * V. Informal Public Hearing - Carousel Automobiles - Conditional Use Permit Applicant: LeJeune Investments Inc. Address: .8989 Wayzata Boulevard Request: Add two-story (7,000 sq.ft.) addition to Carousel Auto- mobile Facility Minutes of the Golden Valley Planning Commission February 25, 1991 Page Seven Chair Prazak introduced this agenda item and asked staff for a brief summary of the request. Mark Grimes, Director of Planning and Development summarized the request. Mr. Grimes stated that the applicant would have to go before the Board of Zoning Appeal s because there are some existing non-conformi ties i n terms of setback, in particular, along the streets which are to the west and north. This struc- ture has previously been granted variances for setback. The Board could grant variances, if they so choose, so that this use could continue with those types of zoning setbacks as they are today. The Board of Zoning Appeals should take place before the City Council hears this request. Chair Prazak asked the applicant if he had any information to add or any questions. The applicant, Jon Hansen replied no. Chair Prazak asked the applicant why they are allowing for so many parking spaces. Mr. Hansen stated that on occasion there are more customers than normal and would need more spaces than the code requires; they do not want customers to be cramped in a parking area. Chair Prazak opened the informal public hearing and seeing no one closed the informal public hearing. MOVED by McAleese, seconded by Kapsner and motion carried unanimously to recom- mend to the City Council approval of a two-story addition to the Carousel Automobile Facility at 8989 Wayzata Boulevard subject to the five conditions staff has recommended. VI. Re orts on Meetin s of the Housin and Redevelo ment Authorit Cit Counci an Board o Zoning Appea s No reports were given. VII. Other Business No new business was presented. VIII. Adjournment Chair Prazak adjourned the meeting at 10:10p.m. *Agenda Item No. V was the first informal public hearing to be heard because of the considerable length of time items II, III, IV may have taken. n inda McCracken-Hunt, ecretary 1