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03-11-02 PC Minutes Regular Meeting of the Golden Valley Planning Commission March 11, 2002 A regular meeting of the Planning Commission was held at the. GoldenValley City Hall, Council Chambers, 7800 Golden Valley, Golden VaJley, Minnesota, on Monday, March 11, 2002. Chair Pentel called the meeting to order at 7:00 PM. Those presentwere Chair Pentel and Commissioners Eck, Groger, Hoffman, McAleese, Rasmussen and Shaffer. Also present were Director of Planning and DevelopmentMark Grimes, City Planner Dan Olson and Recording Secretary Lisa Wittman. I. Approval of Minutes - February 11, 2002 Planning Commission Meeting Grogerstated that the last sentence, in the third paragraph on page three should read as follows: Grimes stated that the Metropolitan Council has predicted that the population will rise "by" (not "to") one million people by the year 2030. e MOVED by Eck, seconded by Groger and motion carried unanimously to approve the minutes from February 22,2001 with the above noted change. II. Informal Public Hearing - Conditional Use Permit (CU-93) Applicant: Unlimited Inspirations Center Address: 5738 Olson Memorial Highway, Golden Valley, MN Purpose: The Conditional Use Permit would allow for a massage school and massage treatment facility on property in the Business and Professional Offices zoning . district. e Grimes referred toa location map and pointed out the property where the applicant would like to open a massage therapy school and massage treatment center. He stated that the area is rather unique in that it is designated on the Comprehensive Plan Map foroffice uses. However, not all the parcels are zoned Business and Professional , Offices. The property immediately to the. west is zoned Residential withfour single family homes, a group living facility to the east is zoned Institutional and the other properties in the area are zoned either Business and Professional Offices or Industrial. Pentel asked who is being served by the group home. Grimes state'd that it serves people that have come off of parole from penal institutions and is a place where they can receive help getting back on their feet. He stated that he has spoken with the Police Department about the group home and they've saidthere haven't been any problems there. .Pentel asked if the group home owned the building.or if they were tenants. Grimes stated that they own the building. Pentel asked if they had been notified of this public hearing. Grimes stated that they were notified. Grimes stated that the building is partially occupied at the current time by the Minnesota Genealogy Center. He stated that they use the space for a library, offices and smaller Minutes of the Golden Valley Planning Commission March 11, 2002 Page 2 meetings of member groups and non-profit groups. He explained that the reason the applicant is requesting a conditional use permit is because professional schools are not considered a permitted use within the Business and. Professional Office zoning district so the applicant would like the request to be considered asa CUP under the "other uses" category listed in theGUP Section of the Zoning Code. Grimes discussed the parking requirements and stated that there are approximately 80 parking spaces on the site. He stated that the Genealogy Center uses about 40 to 50 parking spaces and the school would need about 23 parking spaces so Staff feels like there is more than adequate parking on the site. e Grimes discussed the proposed use of the building and stated that in addition to the massage school in the evening, it would also be used as a massage clinic during the day. He discussed the factors of consideration for approving or denying a conditional use permit and stated he doesn't have any concerns about the proposed use of this site and that staff is recommending approval. Eck asked if the applicant has obtained the various licenses required to do massage therapy. Grimes stated that he didn't know and suggested he ask the applicant. Groger stated that normally the hours of operation are listed as a condition of approval. He asked Grimes if there would be any benefit in setting the hours of operation in this case, because thereisa residential area near the site. Grimes stated that the applicant has said that their hours would be 9 AM to 9 PM daily. He stated that he doesn't have any objections to the school being open until 1 0 PM but that the Planning Commission could add the hours of operation as a condition if they felt it was necessary. - TrentNelson, 1228 119th Lane, Coon Rapids, Applicant, stated that it has been a long time dream of his to open a professional massage therapy school. He stated that he has been a professional massage therapist for eight years and has taught massage therapy for four years at a school in Des Moines, Iowa. He stated that he is really excited to open a place in a really nice city where he can.offer this service to residents and students. He stated that this is a legitimate business and that when he saw the building it just felt right and he would love to be in Golden Valley. Pentel noted in the narrative submitted that it stated the classes would be taught by certified instructors and asked the applicant what certified means. Nelson stated that Minnesota.does not issue.licenses for massage but that he has a national certification and thathewoutd be the director and the teacher of the curriculum. Pentel asked about the length of the certification program. Nelson stated that generally the program is 500 hours, and that he has done 6,000 hours of training. He stated that he would be trying to push for licensing in the State of Minnesota to help legitimize the business. Pentel asked. if there are background checks done on potential students. Nelson stated yes, and the school itself is going to be licensed as a trade school through the State. Pentel asked if the school would be able to accommodate any changes in the number of hours required for certification by the State, if the State Minutes of the Golden Valley Planning Commission March 11, 2002 Page 3 should require licensing in the future. Nelson stated that he could adjust the curriculum to meet any regulations. Groger asked the applicant if the City were to set a restriction on the hours of operation what they would be comfortable with. Nelson stated that 9 AM to 9 PM or 9:30 PM would be fine. Pentel asked if they would have a need for earlier hours. Nelson stated he doesn't think early morning appointments would be a part of his business. He stated that during the day he would be doing massage therapy and from about 4:30 PM to 9 PM there would be classes. Grimes asked how many other massage schools there are in the Twin Cities right now. Nelson stated there are 11 schools in the State and about 6 schools in the Twin Cities metro area. e Pentel asked if the program would be run in two-6 month sessions per year, or ifpeople would be moving in and out the program throughout the year. Nelson stated that there would be two programs per year; the first would start in June and the second in December. Pentel opened the public hearing. Erv Chorn, 3320 Irving Avenue South, Minneapolis,MN stated that he is the owner of the building and that he is concerned aboutthe City putting restrictions on the hours of operation because the genealogy library is open until 9:30 PM and it is not uncommon for their meetings to last until 9:30 or 10 PM and if there is a restriction on the school of 9:30 that would also affect the genealogy center. He asked the Planning Commission not to put a restriction of 9:30 PM, but rather 10 PM or1 0:30 PM. e Shirley Heitzman, 1786 Hennepin' Avenue #42, Minneapolis, MN stated that she has worked with Mr. Nelson as a student and colleague for three years and stated that he is an effective businessperson and.an inspiring, dedicated teacher. She stated that she thinks the massage school would be a great addition and a great service to the community. . Pentel, hearing and seeing no one, closed the public hearing. Eck stated that it sounds like a reasonable proposal. McAleese clarified that this school should be referred to as a trade school and not a professional school because trade schools are allowed in different zoning districts and professional schools may not be. He stated that it would be wise for the City to place a restriction on the hours of operation of 9 AM to 9 PM for the school and if they needed to stay later than 9 PM to do' paperwork or clean up he sees no problem with that. Groger stated that he would be comfortable with the hours of operation being set at 9 AM to 10 PM. · Grimes stated that it would be difficult to distinguish if the cars that were still on the property at 10 PM were for the genealogy center or for the massage school. Rasmussen asked if the City were to put restrictions on the hours of operation for the Minutes of the Golden Valley Planning Commission March 11, 2002 Page 4 massage school if that would have any affect on the genealogy center. Pentel stated it would not affect the.genealogy center. Grimes suggested that the Planning Commission restrictthe hours of operation from 8 AM to 10 PM,which would be.8 more normal business starting timR MOVED by Hoffman, seconded by Groger and motion carried unanimously to approve the applicant's request for a Conditional Use Permit that would allow for a massage school and massage treatment facility on property located in the Business and Professional Offices zoning district with the following conditions: 1) All necessary federal, state and local requirements and licenses are obtained. In the case.of the massage school and clinic, the City requires.a massage license. This has been applied for and must be approved by the City Council. e 2) Any signage for the building must meet the signage requirements of the City's sign ordinance. 3) The number of students permitted shall be limited to no more than 20 at anyone time with no more than 3 staff persons. The massage school and clinic may be expanded by upt01 ,000 square feet without amendment to this CUP. This expansion would include up t01 0 more students and two qdditional staff members. 4) Failure to complywith one or more of the above conditions shall be grounds for revocation ofthe CUP. 5) The hours of operation shall be restricted t08 AM to 10 PM. e III. Informal Public Hearing - Conditional Use Permit (CU-94) Applicant: International Health Care Services Address: 2525Nevada Avenue North, Suite 211, Golden Valley, MN Purpose: The Conditional Use Permit would allow for an adult day care center on property in the Industrial zoning district. Olson reminded the Planning Commission that in December 2001 , the City Council approved a revision to the Zoning Code that would allow adult day care centers as a conditional use in the Industrial zoning district. He stated that the same applicant is now applying for a COnditional use permit. He stated that the hours of operation would be from 8 AM to 5 PM and that they are planning very little interior changes and no changes are being proposed for the exterior of the building. He discussed parking on the site and stated that ten parking spaces would be re'quired for the use being proposed. He stated that the previous owner of the suite had no Minutes of the Golden Valley Planning Commission March 11, 2002 Page 5 issues regarding the parking on the site. He spoke with the property manager and was told that there are about 179 spaces for the entire site, which Stafffeelsis more than adequate for the proposed use and that an adult day care center would be an asset to the comlllunityand the City. Eck asked if this proposal is any different from the one the Planning Commission approved last December. Pentel stated that at that time, the Planning Commission approved a recommendation to allow the Zoning Code text change but not this particular proposal. Eck stated he understood that, but said that they did look at all the conditions and the site previously. Pentel stated they weren't looking at this specific site, they were discussing if this use was compatible in that zoning district Olson stated that there was some discussion of the applicant's particular business, but there was a reluctance to focus too much on that because the City doesn't want to tailor a Zoning Code text change to one application, but wanted to realize that the change would apply to all adult day care centers in several zoning districts. - Hoffman asked ifthe Planning Commission should be looking at handicap parking accessibility issues. Olson stated that the Inspections Department has reviewed the plans and that they didn't have any concerns. He referred to condition number three in his memo, which states that the applicant must meet all other applicable local, state, and federal requirements. Pentel.referred to the narrative submitted by the applicant and asked what "personal grooming" and "health monitoring" means. Michael Tobak, 2525 Nevada Avenue North, Suite 211, Golden Valley, Applicant stated that personal grooming could be something as simple as helping someone put on their lipstick and that health monitoring could be blood pressure testing or helping people make appointments. He stated that there are public health nurses on staff. e Pentel asked ifthe clients pay privately or if it's something that would be covered by Medicare. Tobak stated that the county pays for the services and that the clients would have to be screened by the county before they could participate in the program. He stated that if clients wanted to pay privately they would be welcome to participate. Pentel asked if International Health Care would be providing transportation for their clients. Tobak stated that they would not be providing transportation right away, but that they would like to in the future. Eck asked if most of their clients would be there everyday. Tobak stated that he couldn't guarantee that, but he thought there would be approximately 10 to 20 clients .on site everyday. Pentel opened the public hearing. Jodi Kotz-Vine, 2525 Nevada Avenue North, Suite #209, Golden Valley, stated that she owns the suite next to International Health Care and is concerned about the number of clients they are going to serve since the whole building shares the lunchroom, Minutes of the Golden Valley Planning Commission March 11,.2002 Page 6 conference roo'ms and bathrooms. Eck asked if she would have the same concern if the suite were to be occupied by a. different tenant. Kotz-Vine stated she would have the same concerns if .anothertenant were. proposing to add 35 people to the building. She stated that she also has concerns about the parking and their clients parking in . front of her suite, forcing her clients to park somewhere further away. . Tobak stated that their Clients would not be using the lunchroom or conference rooms. Pentel asked how many restrooms are in the building currently. Kotz-Vine stated there are a total of two restrooms, one at each end of the building. Grimes stated that the Inspections Department would have to make sure thatthe number of restrooms is sufficient for the building. Pentel asked the applicant if they are required by the State to provide private bathrooms in their own suite. Tobak stated that he has been in the building since 1994 and has never seen any lines to use the restrooms. He stated that h~ has spoken with the owner of the building and that adding restrooms, if needed, wouldn't be a problem. e Grimes asked if any of their clients would be driving to the facility ontheir own. Tobak stated that he doubted it and that most clients would be dropped off. Pentel asked if they could be assured that a Metro Mobility van could drop people off if they were in wheelchairs. T obak stated that there is a handicap entrance on the south side of the. building. Groger asked if there is a limit on the number of clients they can have at one time. Tobak stated that they are estimating 25. Pentel, hearing and seeing no one, closed the public hearing. e Pentel stated that it seems like the State licensing requirements would take care of the restroom issue. Grimes asked the applicant if the State would be coming to their site. Tobak stated they would come visit the site with inspectors. Groger stated that he has concerns about the parking issues at this site and feels like he is getting conflicting information from the staff report and from the other tenant in the building. Grimes stated that both he and Dan Olson have been to the site and the parking seems adequate and that if there were any problems in the future, the employees could use the parking spaces in back of the building, which would free up the spots in the front for customer parking. Groger stated that this is a property with multiple uses and that if several clients were to be dropped off at the same time it could create a problem. Tobak referred tothe site plan and statedthatthe State would limit the number of people that can be at the facility based on the square footage of the 'office suite. McAleese asked how many people they would expect to arrive at the same time. Tobak guessed that there might be four to six people arriving at the same time but he didn't think it would cause any traffic issues and that in his experience it only takes about five minutes to load and unload passengers from a van. McAleese stated that if it Minutes bfthe Golden Valley Planning Commission March 11, 2002 Page 7 were four buses that wouldn't be a problem, but if it were ten buses that would be another issue. T obak clarified that they are proposing to use the social model for adult day care which means the clients are physically stronger and don't require as much medical care. Rasmussen stated she was concerned aboutthiscreating a different kind of atmosphere for the tenants and cli.ents that are already there. Pentel stated that is Why the Planning Commission needs to look at both the land use and the other concerns. Grimes stated that even though the City Council approved the Zoning Code text change, the Planning Commission and Council still need to decide if this is an appropriate land use for this particular building. Pentel stated that she is uncomfortable with this sort of use because the applicant isn't providing restrooms in their own suite for their clients to use. Eck asked the applicant how hard it would be to put a restroom in their suite. Tobak stated that he didn't know, but he thinks they would have to follow the same State guidelines used for schools. e Groger stated that not knowing for sure how many people would be using the facility is a key piece of information that is missing. Pentel stated it would useful to table this proposal until more information could be obtained. Shaffer mentioned that there is a similar facility in the building he works in and it really isn't a problem in terms of parking and Metro Mobility buses dropping clients off and that their parking lot isa lot smaller than the parking lot in this proposal. Rasmussen stated she liked the idea but wanted more information. e Eck asked if the State finds that the present restroom facilities are adequate if the Planning Commission could make adding a restroom a condition ofthe CUP approval. McAleese stated that the Planning Commission's review of the proposal wouldn't allow them to require a bathroom as a condition approval because it would be going beyond the State Code. MOVED by Hoffman, seconded by McAleese and motion carried unanimously to table the request by International Health Care Services to add an adult day care center at 2525 Nevada Avenue North, until the March 25,2002 Planning Commission meeting. -- Short Recess-- IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No other meetings were discussed. e e Minutes of the Golden Valley Planning Commission March 11, 2002 Page 8 V. Other Business A. Election of Officers Pentel stated that she thinks the election of officers should be put on hold until the Commissioners arereappointed by the City Council. MOVED by McAleese, seconded by Shaffer and motion carried unanimously to suspend the election of officers until the City Council reappoints the Planning Commission members who are up for reappointment and that the election of officers will not be suspended more than two months from March 11 ,2002 Pentel discussed some of the questions she had regarding the Capital Improvement Program. Grimes told the Commission that Finance Director, Don Taylor would be giving his Capital Improvement Program presentation at the March 25, 2002 Planning Commission meeting. VI. Adjournment The meeting was adjourned at 8:34 PM.