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11-13-00 PC Minutes e - e . Regular Meeting of the Golden Valley Planning Commission November 13, 2000 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, November 13, 2000. Chair Pentel called the meeting to order at 7:00 P.M. Those present were Chair Pentel and Commissioners Eck, Groger, McAleese, Rasmussen, Hoffman and Shaffer. Also present were Director of Planning and Development Mark Grimes and City Planner Dan Olson. I. Approval of Minutes - October 23, 2000 Moved by Groger, seconded by Hoffman and motion carried unanimously, to approve the October 23, 2000 minutes. II. Informal Public Hearing -- Preliminary Design Plan - Golden Meadows P .U.D. No. 89 Applicant: SVK Development Address: 2125 Winnetka Avenue and 2205-09 Winnetka Avenue, which is part of Outlot 1 of Anderson's Addition and Outlot 1 of the Marimac Addition Purpose: The P.U.D. would allow for the construction of seven single-family homes on the subject vacant land and include the existing single- family home, situated on its own lot along Winnetka Avenue, and an existing duplex also to be situated on its own lot. A. Variance from the Subdivision Chapter of the Golden Valley City Code -Golden Meadows P.U.D. No. 89 Purpose: The applicant is requesting four variances from the Subdivision section of the City Code for the Golden Meadows P.U.D. Olson stated the Planning Commission had previously reviewed the above request on October 23, 2000. This was the third review of a PUD for that site. At the October 23rd meeting, the Commission tabled the review of the PUD so that additional information could be placed on the site plans and so that the applicant could apply for variances for e the PUD from the Subdivision of the City Code. Minutes of the Golden Valley Planning Commission November 13, 2000 Page 2 At the October 23rd meeting, several items were identified as missing from the PUD _ Preliminary Design Plans. With the exception of the proposed named of the street, all of . these items are now located on the side plans. Normally, the City's Building Inspection Department gives streets names. Planning Staff has verified the street name "Valders Court" forthis PUD with the Inspections Department. Placing the name of the street is a requirement for the PUD General Plan. In regard to the zoning requirements of the Residential zoning district: . The Residential zoning district requires that all lots for single family homes be at least 10,000 sq. ft. in area and be at least 80 ft. wide at the front setback line. Lots 6, 8, and 10 still do not meet these lot area requirements. Only lots 7, 9, and 10 meet the 80-foot width requirements. . With the exception of the existing single-family home on lot 8, none of the single- family homes meet the 35-foot front yard setback requirement. These front setbacks range from 15 to 21 feet. The rear yard setback requirement is 20% of lot depth, and all of the lots meet this setback requirement. The side setback requirements vary depending on the lot width. Lots 2, 6, and 10 do not meet these side yard requirements. For this PUD, the applicant is requesting four variances from the Subdivision Code, Chapter 12 of the City Code. . The first requested variance is from Section 12.20, Subd. 2 (A) relating to right- of-way widths. This Section of the Code requires local streets and cul-de-sacs streets to be a minimum of 60 feet in width. The applicant is requesting a right-of- way width of 50 feet. . The second requested variance is from Sections 12.20, Subd. 5 (A), which state: "All lots shall meet the minimum area and dimension requirements of the zoning district in which they are located. The front of each lot shall abut entirely on an improved public street, and the minimum front setback line shall be established thirty-five (35) feet distant from the street right-of-the-way line". The applicant is requesting front yard setbacks for this PUD, which ranges from 15 to 21 feet. In addition, lots 6, 8 and 10 do not meet the 10,000 sq. ft. lot area requirements. . The third requested variance is from Section 12.42 Subd. 1 (C) relating to street surface. The requirement for local streets and cul-de-sacs is for the improved surface to be a minimum of 30 feet in width. The applicant is requesting a 28-foot width. - e . . The fourth requested variance if from Section 12.20, Subd. I relating to cul-de- _ sacs. The requirement states, " The cul-de-sac shall have a street right-of-way . Minutes of the Golden Valley Planning Commission November 13, 2000 Page 3 e Diameter of 120 feet. The applicant is requesting a diameter of 100 feet. Olson also brought to the attention of the Planning Commission that the required time limit under the State Statutes which govern how long a City may take to review and approve various zoning applications is about to expire. According to Minnesota Statute 15.99, the City has 60 days to approve a zoning application. This statute also allows the City to request an additional 60-day extension without written permission of the applicant. The applicant in writing must grant any extensions beyond this 120-day period. The original 60-day period ended on September 23, 2000. Before that 60-day period ended, the City extended this deadline another 60 days until November 22, 2000. In order to meet these deadlines, the Planning Commission must recommend either approval or denial of the Golden Meadows PUD at tonight's meeting. This PUD will then be forwarded to the City Council for approval or denial on November 21,2000. Some questions and discussion took place by the Planning Commission to clarify this deadline issue. It was determined that all understood the importance of making a recommendation to the City Council tonight to meet the deadline so stated in the State Statutes. - Olson stated the Staff recommended approval of the Preliminary Design Plan for Golden Meadows Addition, PUD No. 89. The proposed 1 O-unit development would provide additional single-family homes that are needed in Golden Valley. The staff has met several times with SVK and the plan has been revised several times. The recommended approval is subject to the following recommendations: e 1. 2. - 3. 4. 5. e The recommendations of City Engineer, Jeff Oliver, as found in his memos dated August 10, 2000 and October 6, 2000 become part of this approval. The recommendations of Ed Anderson, Deputy Fire Marshall, as found in his memo dated July 26, 2000 become part of this approval. The street name "Valders Court" is placed on the PUD General Design Plan. Dedication of 7 feet of additional right-of-way for Winnetka Avenue as has been requested by Hennepin County. The homeowner's association for the development may establish more restrictive property regulations than those in City Code, but enforcement of such provisions shall be the responsibility of the association. The association shall not establish property restrictions in violation of applicable federal, state or local regulations including the terms of the approved PUD permit. 6. The notation of "P.U.D. NO.89" shall be made part of the plat name. 7. Proof of recording for the plat must be provided to the City before any construction permits are issued. Minutes of the Golden Valley Planning Commission November 13, 2000 Page 4 McAleese brought up the issue of the wording on naming the street being in the ordinance as "shall be". He felt this needed to be addressed and possibly changed. Olson stated the Staff did discuss this with the City Attorney and they are proposing a change to the ordinance that would allow items of this nature to be at the "discretion of the City Staff'. McAleese also wanted changes to be made in reference to language relating to the front setback line, the subdivision code now includes a 35-foot front setbacks and it should be included because it would give them a good visual tool relating to the changes being requested. Rasmussen requested clarification of the third requested variance "the 28 foot width of the improved surface was". It was explained that it meant the street itself from curb to curb. Chair Pentel asked the applicant or representative to come forward. Peter Coyle, attorney for the applicant came forward. He stated his role was to confirm the details of the plat that have been revised and to answer any questions they may have regarding the variance applications that have been submitted. He wanted it noted for the record that they believe the PUD Ordinance provides ample authority for the site plan deviations from the standard code arrangements that have been discussed with the City Staff. He felt they have complied with Planning Commissioners concerns and that it shows their desire to cooperate. He stated the justifications for the variances were: a. The right-of-way configuration that this street plays off of is a restricted right-of- way of 50 feet. The extension of this 50-foot right-of-way into Valders Court is made necessary by the underlying plat, so the Valders Court extension of the right-a-way is consistent with the city's previous approval. b. There are several variances requested due to the design of the lot configurations as well as the configuration of the cul-de-sac. The previous plans called for a through street, to Winnetka with the redesign to a cul-de-sac plan it triggered odd shape parcel configurations because of their need to front up to a circular cul-de-sac design. The consequences of this redesign to a cul- de-sac resulted in discrepancies to which the lots are configured, which trigger difficulties with regard to setbacks. To make efficient use of the land area, they believe the variances are necessary to fulfill the development intent of the city as reflected in their Comprehensive Plan. They believe that this is an efficient use of the land area and that it is in response to the needs of the city in terms of the housing stock the City desires and that it is ultimately compatible to the adjacent residential area. They do not believe that the densities proposed are out of line with the character of this neighborhood and that the plan has been well designed to satisfy the objectives of the City. e e e e e e e e e e Minutes of the Golden Valley Planning Commission November 13, 2000 Page 5 Coyle stated that the hardship is attributed to the cul-de-sac design. Coyle noted that the plan now complies with the City's code and that they have met the test of the various questions that have been raised by the Planning Commission and would like to have their support to have the plan proceed to the City Council at the next available opportunity. , Pentel asked Coyle if they were to have a plan that allowed a through street to Winnetka would they not have a hardship. Coyle responded that the previous plan submitted to the staff with a through street did not necessitate variances. Coyle explained that he was not attempting to advocate for the through street but that the cul- de-sac design is what is creating the difficulties for them to site structures within the lots. The circular pattern of the cul-de-sac is what is generating the hardship issue for them at this point. They also do not have the ability to line the lots up in a standard urban grid fashion due to the cul-de-sac. Eck stated that perhaps a difference of opinion of a reasonable level of development would be fewer houses. If they were to put in fewer houses could they meet the requirements in all probability? Coyle stated that that is a fair observation but that they should bear in mind that the obvious is that there are 2 existing structures on the property, which constrain the utility of the overall parcel. We cannot change that fact and that they are trying to simply create lots for those parcels that will make those properties re.salable in a more traditional urban scale configuration. Secondly, we have to provide ponding for the site that addresses run off issues and they feel that is a constraint to the property and that it is a design consideration that they have to accommodate. Finally, the cul-de-sac design and the square layout of the property coupled with the existing limitations on it is not anyone fault but that's the way the property is laid out. Those are the circumstances that force us into the hardship situation. Chair Pentel opened the hearing to the public. Mr. Ed Muszynski of 7925 - 23rd Avenue No. requested that a site plan be made available for the public to better understand what they were talking about. Coyle presented a site plan. He stated that lots 4 & 5 are noted as block 1 and that the existing duplex is located on these lots and the lot further to the south of lots 4 & 5, lot 8 is where the existing single family home is located. He also pointed out that a portion of the property in the north area is where the ponding will be placed. Coyle stated the variances related separately to the width of the 50' right-of-way and the improved surface area of the right-of-way and separate variances for lot setbacks and width. Pentel added that the lots 1,2,3,4,6,7,9 & 10 also reflected a variance to the front setback and that lots 6,8 & 10 did not meet the 10,000 sq. ft. size lot area requirement. Olson added that the City had received a letter today pulling the application for rezoning for the duplex from single family zoning to multiple family zoning. Pentel clarified for the audience that the existing duplex can remain a duplex but that there will be no change to the zoning to have it be zoned for a triplex. Minutes of the Golden Valley Planning Commission November 13, 2000 Page 6 David Gatz, speaking for Pauline Siepka of 2200 Orkla Dr came forward. He read from a letter written by Pauline Siepka for the last meeting. He stated that since the project . had not changed significantly they had great concerns. The letter stated that they want a development that would go beyond minimum standards for this neighborhood. Something that would improve this area not "just qualify". First she is requesting an iron clad guarantee that these homes would not be rental properties, this is a neighborhood of homeowners and if these units become rentals it will decline unacceptably. He. stated that it didn't matter what the square footage of the homes were or if they were two story, they would be to close together for good living conditions of sight and sound. The homes are on small irregular plots unlike the homes around them and this is not desirable. They may be too close to the street like old homes downtown, which is not acceptable. She would like fewer homes in the area than what was proposed earlier. He stated she would not allow homes within one block of her home to be like the homes along Medicine Lake Rd and Hwy 169. The homes must have garages large enough to keep cars in them or in the driveways and not on the streets. She does not want it to look like the city where cars of all conditions line the streets and look unsightly and unsafe. This is suburban living; this is a better way of life than in the crowded city. She felt the development should conform to the standard around it; she did not want to have negative pressure on the future of this neighborhood. She stated that for everything that is given up for these homes to be built, they should be built to high standards. Why settle for the minimum just because somebody promises to put property on the tax roles that otherwise sits idle. She also wanted to make sure that City did not have hidden expenses of street maintenance, snow removal or emergency access problems. She questioned why we don't demand that these homes exceed the standard that is already here. That would be real progress. Pentel clarified that the street will be a public street and the City will maintain it with plowing and other services. Shirley VanWais-Berg of 8140 23rd Ave No. stated she had received notices regarding this hearing and next weeks City Council meeting. She stated the description in the notices described the original text referring to the triplex or duplex on the property. She wanted to know if the Planning Commission would be making a decision tonight after hearing that it would be reduced to single-family homes. Pentel responded that they will be making a decision and that the Planning Commission had already made the recommendation that a rezoning not occur. Shirley VanWais-Berg asked if the Planning Commission did not make a decision tonight if the plan would go to the City Council in its original text. Grimes stated that it would go forward as 7 single-family homes. McAleese asked for clarification: if no action was taken by the Planning Commission and the City Council, by state statute, would the plan go forward in the original application or the application as it is exist today. Olson stated it would be as it is exist today. If the City Council did not make a decision by November 22,2000 the application would be approved to proceed as 8 family homes and a duplex. e - e - e e - e e e Minutes of the Golden Valley Planning Commission November 13, 2000 Page 7 Ed Muszynski of 7925 - 23rd Ave No. stated that he had asked at the last meeting that Jeff Oliver, the city engineer, be present at this meeting. His concern is the pond on the' property. He wanted to know how deep the pond would be and how far it would be setback from his property line. Grimes said he had talked with Jeff Oliver and the pond would be 6' deep at its deepest point and that the depth of the water would vary depending on how wet it is at any given time. Grimes stated the normal water level for the pond would be at the 905 elevation, the elevation at the property line is 906; and the lowest point in the pond would be at 900. Shaffer conferred that the highest level of the water would be 6' and that when it reached that point it would run off the excess into the storm drainage system. Muszynski questioned whether the pond would reduce their property values. He also stated that a pond with no fence around it would present a danger in the neighborhood. Pentel asked Grimes if there were any regulations regarding fencing around ponds. Grimes stated that traditionally the City does not fence ponds, they have found no real need for fencing and that there has not been any safety issues raised. Muszynski again stated his concern for the safety of the children in the neighbor because of the pond. Pentel suggested to Mr. Muszysnki that he bring this issue forward to the City Council as well. Muszynski asked why the City would be doing the maintenance of this street. Grimes stated the developer is proposing this to be a public street at the suggestion of the City staff. The residents that live on this street will be assessed the cost to construct the street and their taxes will be used to maintain the street just like any other resident on public streets. The city engineer reviewed the plans to be sure that the street would be wide enough to accommodate emergency vehicles, garbage trucks and plowing equipment turning around in the cul-de-sac and in his opinion it is. Muszynski questioned if there would be enough room for parking on the street. Pentel stated the public works department and Fire Marshall would make that determination. Mary Kay Jorgenson of 2200 Valders Ave No. stated she was concerned about the whole development. She has 2 small children and has concerns regarding the pond. She also stated she was concerned about the density: why not fewer homes? She expressed concern regarding the parking in front of their homes and the increase traffic in the neighborhood. She did not feel it was the type of development she wanted by her. John Blythe of 2140Valders Ave No. stated he felt there were too many houses in the development. Joy Gerber of 2135 Valders Ave No. stated that if the city were to not allow parking on the cul-de-sac or street it would put increased parking onto her street. She felt having all the variances was compromising everything in the neighborhood. She questioned the multiple variances: why make rules if they are just there to be broken? Mike Jorgenson of 2200 Valders Ave No. questioned who makes the decisions on variances. He also questioned the size of the acreage for this development and if there Minutes of the Golden Valley Planning Commission November 13, 2000 Page 8 was a certain number of houses that could be put into such a small area. Pentel clarified that the City has a minimum lot size of 10,000 sq. ft. Pentel asked what the e overall acreage was, Olson stated it was 2.73 acres. Olson also stated the overall density is 4 houses per acre. Mr. Jorgenson again asked who makes the decisions on the variances. Pentel stated that the City Council makes the final decision after a recommendation is made by the Planning Commission. Jorgenson asked if the public has any say once it goes to the City Council. Pentel said there would be a hearing similar to this one and she hoped that any concerned residents would be there to express their concerns directly to the Council. Jorgenson asked for more clarification on the 60 day, 120-day extension that Dan Olson had talked about earlier. He was concerned that a decision could be made with out any public input. Pentel stated she was confident that the Planning Commission would make a recommendation tonight to the Council for the next meeting on November 21,2000. Grimes confirmed Pentel's statement and added that he felt that if _ the Council felt they needed more information and time they would ask the developer to provide it or they would have to deny the project overall. Jorgenson continued to express his concern regarding the development not meeting the setbacks and that several of the lots did not meet the size requirement. He wanted to know if anything would be changed maybe fewer homes or if it would be ignored. Pentel stated that all of the lots did not meet the street setback and some of them did not meet the size requirement. She understood the resident's concerns and hoped he e would make the same concerns known to the City Council. Joy Gerber questioned the variances for lot 8. The property has recently been sold: can you just move the lot lines or how does it all work? Olson stated that lot 8 sits in a large Outlot and that lot has not yet been officially divided from the other lots. Grimes stated that he felt there was some type of agreement between the new owners and the e developer that if this PUD were to go through the lot could be reduced in size. Pentel closed the public hearing. Rasmussen asked what the precedent was for setback variances in PUD's. She questioned if it was usual to grant a setback variance as large as 15 to 21 feet instead of 35 feet. Grimes stated we have granted substantial variances on private streets generally. Groger added we have granted variances in other instances where its purpose is to meet the city's goals to increase density and affordable housing where we can. Rasmussen asked if the lot size variance for the 3 lots that are less than the required 10,000 sq. ft, especially lot 10 where its size is 7,600 sq. feet: does this fall within this same kind of philosophy? Groger replied that it depends on your thinking. If there is a need for increased density, there is a significant amount of leeway for what they e approve for this development. He felt the density that is being proposed here is an e e e e Minutes of the Golden Valley Planning Commission November 13, 2000 Page 9 issue because the development is surrounded by single-family homes which is different from the other situations where they have approved significant variances. Many of these were stand alone areas or areas surrounded by commercial areas. This development is different because of it being surrounded on 3 sides by other homes. Pentel added that one of the other developments does have single-family homes across the street from it but that there was significant berming done be,tween the development and the street to tuck the higher density housing behind it. Groger stated the other difference to this proposal is the access to the development is strictly through a single-family home neighborhood where others have had access from a major street which doesn't have as much impact on a single-family neighborhood. Although there are only 7 single family homes in this development the traffic they will generate will still have to go through a single-family neighborhood and this is troublesome. Grogerfelt there was too much density and that the variances requested were significant, especially the front setback (out of character with the surrounding neighborhood). Groger stated he did not feel there was a hardship and that there is a possibility of this land being developed with fewer units meeting city code. Therefore would be voting against the proposal as presented before them. Eck stated that qfter discussion with City staff it was the position of the staff that there was a lot of pressure for additional single family homes in Golden Valley. The justification for a development of this kind is that there are a significant number of potential homeowners out there that desire smaller lot sizes and a minimum maintenance type situation. Eck stated that in evaluating the hardship, we cannot look at the economic hardships. He felt that the developer wanted this many homes for maximum financial use of the property. Eck agreed with statements made by Groger in respect to the character of the area and also felt there were too many units proposed here and because of the cul-de-sac even a development with fewer units may require some variances. Eck felt the proposed development was too dense. Shaffer stated that his understanding of a PUD was to allow a developer with some variances and in return the City receives something. His concern with this development was that it wasn't doing anything for the city, only the developer. Some of the impacts to the neighborhood are of concern, but no matter how this area is developed some of those concerns will remain, like the ponding and cul-de-sac. The concern he has regarding approval of a PUD is what does the City gain if anything. There is no low- income housing or park land here to be gained by the City. It appears the only one gaining is the developer. Shaffer felt we would be granting alot variances that don't fit the character of the neighborhood at all. Shaffer felt the development was heading in the wrong direction. Pentel asked if any other commissioners wanted to speak or if a motion could be given. e McAleese spoke, stating they were talking about 2 types of variances, the strict subdivision coding and zoning code. He understood the dispute as to whether or not Minutes of the Golden Valley Planning Commission November 13, 2000 Page 10 the PUD ordinance allows a waiver to the subdivision code requirements however the standards between the two are very different. McAleese felt the section 12.54 variance requirements were very harsh and strict hardship requirements and should be addressed. e McAleese stated the developer is asking for 4 variances from the subdivision code. The felt the variance from the street is reasonable and that the developer is correct in requesting it because we have limited the entrance street to a 50' right-of-way which has caused a degree of hardship. As to whether or not the other hardships flows from that McAleese felt that didn't make any sense. In regards to the other hardships, the 35' setback requirement and the need for less than 80' wide lots are a result of the desire to put so many homes in the development. McAleese said that he agreed with the one hardship and that he would recommend to the council that the variance for the street be granted but that he cannot support the others and would not make a recommendation to the council to grant them. McAleese concluded by adopting the positions taken by other commissioners in regards to the variances related to the zoning code requirements and that he would not approve granting of the PUD. e Pentel stated that she too did not support the PUD. The density is to high for the location of the development and that she was not pleased with the number of variances being asked for. She felt that there was an opportunity to place some homes in this development but to allow 7 new homes in this area with such small lot sizes would be a detriment to the neighborhood as a whole and that she would not be supporting this preliminary design plan. e Pentel asked for a motion to approve the Preliminary Design Plan - Golden Meadows P.U.D. No. 89 Hoffman made a positive motion to approve the staff recommendation for this Preliminary Design Plan conditions stated in the memo. Seconded by Shaffer. - Those not in favor were Commissioners Rasmussen, Hoffman, Groger, McAleese, Shaffer, Eck and Chair Pentel. The motion was denied 7 to O. Chair Pentel then asked for a motion to deny the application. Shaffer moved to deny the application, Eck seconded. The reasons for the denial are as stated previously by various commissioners. Those in favor of this application being denied were Commissioners Rasmussen, Hoffman, Groger, McAleese, Shaffer, Eck and Chair Pentel, those not in favor of denying this application were none. The motion was passed unanimously. The application will go forward to the City Council at its next regularly scheduled meeting of November 21,2000. e e - e e e Minutes of the Golden Valley Planning Commission November 13, 2000 Page 11 II. Informal Public Hearing - Property Subdivision (SU14-10) Applicant: Honeywell, Inc. Address: Southwest corner of Douglas Drive and Sandburg Road - portion of Honeywell, Inc. located at 1885 - 1985 Douglas Drive, Golden Valley, MN . Purpose: The applicant is requesting a subdivision of the main parcel of land in order to create two new lots along Sandburg Road at the corner of Sandburg Road and Douglas Drive At the October 23, 2000 Planning Commission meeting, the Commission tabled action on the preliminary plat of Honeywell Golden Valley 2}'d Addition for additional information. The following is a list of the information requested and staff comment: 1. The Planning Commission was not satisfied with the parking information provided by Honeywell. This information is needed in order to determine that there is adequate space on the Honeywell lot for its own needs. The information presented at the Oct. 23rd meeting was not specific. The staff asked Honeywell to provide additional information regarding the specific size of the Honeywell building and the layout of the parking areas after the subdivision is completed. Honeywell has supplied this new information. The information indicates that Honeywell has 211 ,540-sq. ft. of office space and 813,872-sq. ft. of industrial/warehouse space. Based on the requirement for one space for each 250 sq. ft. of office space and one space for each 500 sq. ft. of industrial/warehouse space, the Honeywell lot requires 2,474 spaces. They have indicated on the Parking Addition Worksheet, dated 6 November 2000 that the Honeywell lot can be expanded and altered to provide the necessary 2,474 spaces. The Honeywell Revised Parking Modification plan dated 11/6/00 indicates the location of the parking spaces. Honeywell has asked that some of the parking spaces be "proof of parking" spaces. In other words, some of the spaces would not have to be built until there is shown to be a need. This arrangement would have to be worked out between the Inspections Department, Planning Department and Honeywell. Based on the number of employees that currently work at Honeywell, additional spaces are not currently needed to be built. The Parking Calculation Sheet dated 11/1/00 indicates that there is a total of 92,478 sq. ft. of service space in the building. This space includes wiring closets, custodian closets, garages and covered loading docks. Honeywell has not Minutes of the Golden Valley Planning Commission November 13, 2000 Page 12 assigned a parking requirement to that space. The Zoning Code requires that the parking requirement be based on gross square footage in a building with the exception of garages and covered loading docks. Subtracting the garage and covered loading docks, there is 69,500 sq. ft. of service area that would require parking. If the one space per 500 sq. ft. were assigned for these service areas, an additional 139 spaces would be required for the site. Althougr not shown on the Honeywell Revised Parking Modification plan, the applicant has indicated that this additional amount of space could be added in front of the Honeywell building along Douglas Dr., west of the Purple Lot, east of the Orange Lot or south of the Red Lot. A revised plan indicating the location of the additional 139 spaces should be submitted to the City prior to approval of the preliminary plat by the City Council. 2. There was a question regarding whether the driveway from Sandberg Dr. that serves the proposed two lots and the orange Honeywell lot is a private street. Private streets are not permitted by the Subdivision Code unless a part of the Planned Unit Development. Although private streets are prohibited, they are not defined in the Subdivision Code. The Subdivision Code defines a street as follows: A public right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, land, place or however otherwise designed. Using this logic, the staff does not believe that the driveway off Sandberg would qualify as a private street. There is no private right-of-way dedicated for the driveway. The driveway is part of one of the lots. The driveway does not connect a public.street to another public street. It essentially provides access to private parking lots. 3. There was question regarding.the ordinance that was passed by the City Council in 1956 that rezoned the Honeywell property from Open Development to Industrial. The Ordinance indicates that no building may be constructed within 200 ft. of Douglas Drive on the property that was rezoned. (This rezoning excludes the 300 ft. parcel that is now owned by Honeywell at the southwest corner of Douglas and Sandberg. This parcel was not a part ofthe 1956 rezoning.) The City Attorney has reviewed this Ordinance and stated that the restriction is valid. This means that the building on the proposed northeast lot will have to be constructed a manner consistent with restriction placed on the zoning of the Honeywell site in 1956. Accordingly to the City Attorney, this restriction means that no building may be located closer than 200 feet from the right-of-way of Douglas Drive as it existed in 1956. In 1956, the right-of-way for Douglas Dr. was 66 ft wide. Today the right- of-way is 100 ft. Half of this additional 34 ft. of width (17 ft.) was taken from the Honeywell side sometime after 1956. Therefore, the setback from the widened Douglas Dr. is 184 ft. (200 ft. minus 17 ft.). It should also be noted that the 200 ft. e - e e e e e e - e Minutes of the Golden Valley Planning Commission November 13, 2000 Page 13 setback does not apply to the 300 ft. by 300-ft. property that was acquired by Honeywell after 1956. This additional setback requirement does not mean that the City cannot approve the preliminary plat. It means that the building will have to be redesigned (made smaller or changed) to accommodate the additional setback requirement. 4. The City has been in contact with the School District regarding this subdivision. They have reviewed the plan with staff and do not feel it will have an adverse impact on the school. They did state that they would like students to use the sidewalk on the north side of Sandberg Drive. The City has received a report back from the City's consulting traffic engineer regarding the layout of the proposed development. The report indicates that the layout is acceptable and only minor revisions or changes are suggested. Recommended Action The staff recommends approval of the Preliminary Plat of Honeywell Golden Valley 2nd Addition. The applicant has provided the staff with additional information that indicates that there is more than adequate parking available to meet the parking demand on each of the lots in the proposed subdivision. The staff is also recommending that a proof of parking arrangement be made with Honeywell that would allow some of the parking to be built only when it is determined it is needed by the City. The staff believes that the driveway from Sandberg Dr. is not a private street but a driveway as permitted by the Subdivision Code. Honeywell and future owners of the new lot along Douglas Dr. will have to meet the requirement that buildings be setback 200 ft. from Douglas Dr., as it existed in 1956. This requirement is not valid for the north 300 ft. of the Honeywell property adjacent to Douglas Dr. This will require that a building on the northeast lot will have to be adjusted to meet this requirement. The staff is also recommending that Honeywell be subject to a park dedication fee as outlined in the Subdivision Code. This amount will be determined prior to approval of the final plat by the City Council. Grimes stated that this application is also nearing its deadline for a decision. The 12th of December is the final date in which a decision needs to be made. Staff is recommending to the Planning Commission that a recommendation be made at this meeting in order that a recommendation can be forwarded to the City Council for the November 21, 2000 meeting. Pentel questioned if a sidewalk should be constructed on Sandberg Rd for people to use when walking to the small commercial area on Douglas Drive. Grimes stated that the commission could make that a condition in the recommendation. Pentel stated that Minutes of the Golden Valley Planning Commission November 13. 2000 Page 14 she would prefer to have sidewalks for people to walk on rather than in the roadways. e Grimes indicated that the commission position has been that they prefer sidewalks on collector streets. Pentel agreed and stated that when there is new construction, this is the time for making sidewalks a requirement. Shaffer asked if we know what Honeywell's employee count is. Grimes. replied that he was unsure but that Honeywell has indicated that there are fewer employees there than the required 2,474 parking spaces. Grimes stated that Honeywell did not want to add any additional parking spaces at this time. Shaffer asked if Honeywell felt they had enough parking spaces for their employees and visitors. Grimes stated they do not feel there is a need for additional parking spaces. Rasmussen asked if they could ask for a variance from the 200-ft setback. Grimes replied that they could go to the BZA and ask for that if they wanted to. Grimes stated that anyone could ask but that he felt the BZA would not be very sympathetic because it is a new lot that was created and they were aware of the conditions when they created it. e McAleese questioned the subdivision requirements. He stated that section 12.11 stated the preliminary plat should be clearly and legibly drawn. He felt that these plans were not legible and that perhaps it was the scale that was used. McAleese stated he sought clarification from Grimes and that he found that the larger plans were clearer and that because they were given reduced copies the problem lay there. McAleese stated that it was required that 15 copies be provided and that they should be of the large size. e McAleese asked if the special 200 ft setback was on the drawings. Grimes stated it was not and that is because the City's attorney made the determination on that setback last week. e Groger wanted clarification on the parking. He wanted it understood between the City and Honeywell that the parking should be based on 337,000 sq. feet of the area. Grimes explained that lab space is generally not considered office space. If however, they were to remake lab space into office space the Inspection Department should catch it and require additional parking space. Groger stated he calculated there to be a need for 2,864 parking spaces based on their figures for space in the buildings and that that was about 400 more spaces than they figured. Groger questioned how picky does the City want to be on this issue. He stated his concern was that any future building owners have a clear understanding of what the City's requirements for this are. Greger stated there was one lot that had parking spaces that were too small and that in the northeast corner there was no landscaping near the lot. Grimes stated that the code indicates that the parking be determined from the gross square footage of the building and that if the commission required the developer to consider the entire square. feet of e e - e Minutes of the Golden Valley Planning Commission November 13, 2000 Page 15 the building when calculating the needed parking spaces they could find ample space on the property for parking. Groger stated that that is his preference and that it be reviewed before it goes to the Council. Shaffer added that sometimes laboratories are considered different than offices because of the fixed equipment, cabinets and less occupancy. If it were viewed that way the number of parking spaces would be reduced drastically. Groger stated that the concern was that they don't know what the future use may be and that if it were to become all offices the parking issues would be addressed. Grimes stated he would like to go through he footage again to make a correction determination. Pentel asked if the applicant would like to come forward. Gerald Duffy, Attorney for Industrial Equities, came forward and stated they did not have any additional comments and asked if the commission had any question of him (Industrial Equities has entered into an agreement to purchase the 2 lots along Sandburg Rd from Honeywell). Pentel asked if they felt there would be a problem meeting the 200-ft. setback on the property. Duffy stated that as of where they're are to~ay with the project he did not feel there would be any problem with the building meeting the setback. He stated that they just received the information today about the 20Q-ft. setback. He indicated that they are satisfied that the site is big enough so that they will be able to construct a building without obtaining variances. Pentel opened the public hearing. No one came forward and the public hearing was closed. e Pentel stated she was pleased with the findings of the 200-ft setback and that the City Council will still have to deal with the "front door/back door" issue. She stated that this will have to go in front of the Building Board of Review and that she hoped they would do everything in their power to get the best possible building on this site. Pentel felt they had satisfied the questions raised and that she would be able to pass this forward to the Council. e Pentel asked that a condition be put on the plan for a sidewalk along south side of Sandburg Rd, the north side of their property. Grimes stated the sidewalk should be along the south side of Sandburg Rd. across the entire Honeywell property. Groger asked that the condition of proof of parking be revised as necessary as staff determines prior to it being seen by Council. Rasmussen added the condition of the 200 ft setback be met. Minutes of the Golden Valley Planning Commission November 13, 2000 Page 16 Rasmussen made the motion to approve the preliminary plat with the 3 conditions: e · A sidewalk be constructed along Sandburg Road from Douglas Dr. to the . west end of the Honeywell Golden Valley 2,'1d Addition. · The proof of parking is revised as necessary as staff determines. . The 200 ft setback is satisfied. Eck seconded the motion. McAleese stated that he felt this was a reasonable proposal to go forward and that the proposal meets the subdivision requirements. However, the plan puzzles him, especially the driveway. He understands that it is an easement on the property and felt the zoning code for the required area that is to be landscaped in the 35 ft. front yard setback and that the side and back setback is to be % of the required building setback. He questioned that under the zoning code we define parking spaces as including ingress and egress area. That would then include the driveway in the parking space. e The problem he sees is that we are ignoring the landscaping requirement on this driveway because it is going between two parcels and ignoring the landscaping area at the back of the parcel leading to the Honeywell lot. He felt we should allow the . preliminary plat to go forward but that before a final plat is approved the City will have to address this issue in some fashion. Maybe that would mean granting variances so these driveways go through. If it were a single large lot we would not allow the driveway to run up the property line so why are we doing this when there are two properties. This e is seen when we are approving P.U.D.s' and in residential subdivisions but not where there is clearly access to public streets as in this case with Honeywell parking lots having access to public streets. Grimes showed on the plans that there is 10ft of green area on both sides of the driveway. McAleese stated that the paved area between the green areas is considered parking under our code and that it is in clear violation of what the code requires and at _ some point it needs to be addressed. McAleese read the definition of a parking area and then pointed out that there are parking spaces in the 20-ft setback on the sides and the back of the lots we are creating and that isn't allowed under the zoning code. We could grant variances under the appropriate circumstances. Grimes stated that from a practical stand point they are doing this because the city wants to see as few driveways as possible off of a collector street and that sharing a driveway was best in the interest of public safety. McAleese stated it was an issue for him because we are creating 2 new parcels that should have the 20 ft landscape area and these don't. Again McAleese stated that he wanted this to go forward as a preliminary plan but that before the final plan is approved this issue needs to be addressed. Shaffer commented that he felt we were splitting hairs. He did not feel that the entrance to a parking lot is the same as the parking lot. Pentel stated there was a motion and a second on the floor to approve this plan to be forwarded to the City Council and asked if there was any more discussion. e Minutes of the Golden Valley Planning Commission November 13, 2000 Page 17 e A vote was taken and the motion was passed unanimously. -- Short Recess -- - e e e IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Eck reported on the traffic study on LaurellWinnetka done by the LaurellWinnetka Committee. V. Other Business Pentel talked about a document from the Planners website "Welcome to the Commission". She felt it was excellent for the newer members and would request copies be obtained for everyone. She also had a handout from the Virginia Tech website on "How to get Participation", she suggested all review the document and the website. Grimes stated there was no formal agenda for the next regularly scheduled meeting. They would be meeting jointly with the Environmental Commission and the Park & Recreation Commission. He would be sure to get the packet out to them ahead of time for review. Grimes asked if there was any opposition to only having 1 meeting in December, as the second meeting would fall on Christmas Day. All agreed that that would be okay. VI. Adjournment The meeting was adjourned at 9:03 p.m. Richard Groger, Secretary