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07-09-12 PC Agenda AGENDA Planning Commission Regular Meeting Golden Vaiiey City Hall, 7800 Golden VaNey Road Council Chambers Monday, July 9, 2012 7 pm 1. Approval of Minutes June 25, 2012 Regular Ptanning Commission Meeting 2. Informal Public Hearing — Minor Subdivision — 6601 and 6621 Medicine Lake Road — Savanah Estates — SU14-14 Applicant: Paul Whiteman — RJT Investments Addresses: 6601 and 6621 Medicine Lake Road Purpose: To allow the applicant to divide two single family residential lots into three single family residential lots 3. Informal Public Hearing — General Land Use Plan Map Amendment— 7345 Country Club Drive — CPAM-51 Applicant: City of Golden Valley Address: 7345 Country Club Drive (Schuller's) Purpose: Ta change the designation on the General Land Use Plan Map from Low Density Residential to Commercial-Retail --Short Recess-- 5. Reports on Meetings af the Housing and Redevelopment Authority, City Gouncil, Board of Zoning Appeals and other Meetings 6. Other Business Planning Commission Bylaws Amendment 7. Adjournment `. This d�cument is available in alternate formats upon a 72-hour request.Please call �� 763-593-8006(TTY: 7b3-593-3968}to make a req�fest. �x�mples of afternate farmats � niay include large print,electronic, Braille,audiacassekte,etc. Regular Meeting of the Golden Valley Planning Commission June 25, 2012 A regular meeting of the Planning Cammission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Galden Valley, Minnesota, on Monday, June 25, 2012. Chair Waldhauser called the meeting to arder at 7 pm. Those present were Planning Commissioners, Cera, Kisch, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present were Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Wittman. Commissioner fC�uchic� was absent. 1. Approval of Minutes April 9, 2012 Regular Planning Cammission Meeting , MOVED by Kisch, seconded by Cera and motion carried unanimously to approve the April 9, 2012 minutes as submitted. McCarty abs#ained frQm voting. 2. Informal Public Hearing — Conditional Use Permit- 8806-8808 7th Ave N — Disturbia in Suburbia (Justin Smith) — Ftecreational Use in the Light Industrial Zoning District— CU-131 Applicant: Justin Smith — Disturbia in Suburbia Address: 8806-8808 7t"Avenue North Purpose: To allow a recreational/entertainment use in the Light Industrial zoning district. : Grimes referred to a lo'c�tion map and explained the applicant's request to lease two spaces in the building<located at 8$00 7th Avenue North, to be used for a recreational space. The propo�ed use`will be bisturbia in Suburbia, which is an interactive zombie game consi�ting mvs#ly of groups of younger people and parties. He stated that staff's initial concern with this site is parking. There are 119 parking spac�s on the pr4perty and the applicant will have 19 of those spaces dedicated for his use. He explained that staff feels comfortable with the amount of parking on the property since this proposed use will mostly:take place after normal business hours and most of the customers will be dropped- off. He noted that one of the conditions of approval is if parking shortages exist, the City may require m'itigation measures such as attaining off-site parking agreements with nearby businesses. He added that a building code analysis will also need to be done to determine what will need to be changed in the building before this use can begin. Cera questioned the curFew laws in Golden Valley. Grimes said he doesn't feel curtew will an issue because kids will be dropped off at a supervised location for a specified amount of time. Waldhauser asked if the public safety department has any concerns. Grimes said no. Minutes of the Golden Valley Planning Commission June 25, 2012 Page 2 Segelbaum nated that the hours of operation listed in the staff report should state 12 am on Friday and Saturday, not 12 pm. Kisch asked about the types of food being served and if serving food will require a license. Grimes exptained that the applicant will need to obtain a food license through the County. Cera asked if the occupancy is set by the Fire Marshal. Grimes said yes. Segelbaum asked if the condition of approval regarding parking shortag�s is too vague. Grimes said he could add language to the condition stating that if the Gity Manag�r or his designee determines that there is a parking problem, the applicant will ha�e mitig�te it. Justin Smith, Applicant, introduced himself and gave a history ofi his kiackground and experience. He referred to his business model and explained that D�sturbia in Suburbia is a unique interactive game played in a live setting. The facility would offer interactive, horror-themed labyrinths, including zombie-themed actors. Me stated that the facility would serve all age ranges and will promote physical fitness and social interaction. Segelbaum referred to "Valley Scare" at Valleyfair and noted that they have tremendous lines and crowds. He asked the applicant if he expects to be open additional haurs if that sort of situation occurs with his proposed use. Smith explained that his business uses a reservation-based system which will help with traffic and crowds since groups of people will come to the business at specifiic times. Segelbaum asked about supervisian and safety issues. Smith explained that the rules will be explained to each group 'as they enter and there will be security cameras and a floor manager in each area. Cera asked the applicant if the business will be seasonal or if he'll be able to operate year-round. Smith said they would! operate year-round and will regularly change themes, with zombies as a constant, in order to stay current and allow each experience to be different. ,, Waldhauser ref�rred to the applicant's narrative and asked how similar businesses in other locatio�ns are doing. Smith explained that Grand Slam and Brunswick Zone are the two rnain laser tag venues. He stated that they are similar to his business in that they are located it� industrial areas and use reservation systems. Segelbaum asked if the other tenants in the building received notice of this proposed use. Grimes stated that the hearing notice was sent to the property owner. He stated that Mr. Smith has spoken to the property awner and that he feels comfortable with the proposed use. McCarty asked about sound mitigation for the tenants on either side of the applicant's space. Smith said he doesn't anticipate any naise issues because his business hours are Minutes of the Golden Valley Planning Commission June 25, 2012 Page 3 typically after normal business hours. He added that he would soundproof the walls if necessary. Waldhauser asked how many parking spaces might be available on the property to north, if the applicant needs to use them. Smith guessed there are between 30 and 50 parking spaces and that the owner of the property has indicated that parking won't be a problem. Kisch asked about the number of staff. Smith said on weeknights there would be approximately 5 to 8 staff people and on weekends there will be different shifts with approximately 12 to 18 staff people. Kisch said he is concerned that st�ff could'.take the majority of the parking spaces. Smith said he would have the staff park further away. McGarty asked the applicant if he has plans to add a haunted hause feature. Smith said he may like to have a haunted house in the future if parking allows. He'explained that in the future he may consider suspending the arena areas and having one haunted house during October, keeping the reservation system in place to avoid crowds. Waldhauser asked about the admission price. Smith said he is'not sure yet, but it will be approximately $15 to $18 per person. Waldhauser opened the public hearin�. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Kisch said parking is his one area;of cancern,; but he thinks it's been addressed. He said he thinks the hours will work well and he �s in support of this proposal. Cera agreed and added that noise could potentially be an issue but he thinks it could be addressed if needed. Segelbaum said he thinks this proposal will be very successful. He added that the reservation system will help, but he worries about the capacity and there being large crowds if it turns into more of a haunted house type of use. Kisch noted that the condition regarding parking will help mitigate any problems. Waldhauser agreed and stated that the reservation system will also help. Grimes suggested that before the applicant has a haunted house that he be required to submit a pl�n detailing the dates, parking, the number of people expected, etc. before the event. Smith noted that the current plan does not include a haunted house. He said he would be willing`to submit a plan if he decides to have a haunted house in the future. He reiterated t�rat if he has a haunted house in the future he would use his reservation system for that as well. Waldhauser suggested adding a condition stating that a reservation system will be used for all events. Segelbaum asked how the business model would change between the regular model and the haunted house model. Smith explained that the regular model would be more like a game of capture the flag with labyrinths, whereas the haunted house would not be a Minutes of the Golden Valley Planning Commission June 25, 2012 Page 4 game, people would just walk through it. Segelbaum noted that more people cauld be moved through a haunted house. Smith agreed and stated that the reservations would be for shorter amounts of time and that he would work within the parking and capacity rules. Schmidgall said he is supportive of this proposal and does not want to tell the applicant how to run his business. Smith stated that he would be willing to come back to the City with a proposal in the future if he decides to have a haunted house. Kisch stated that condition number three regarding the parking should address any issues or potential parking problems. McCarty agreed. Cera suggested adding a condition stating that if the business operations change from the narrative that was submitted with the application, Mr, Smith would need to meet with staff to address any possible issues. MOVED by Cera, seconded by Segelbaum and motion carried unanimously to ` recommend approval allowing a recreational/entertainment (Disturbia in Suburbia) use in the Light Industrial zoning district at 8806-8808 7th Avenue North subject to the following conditions 1. The site plan shall become a part of this appr�val. 2. The conditions found in Deputy Fire Marshal Ed Andersan's memo dated June 4, 2Q12, shall become a part of this approval. 3. At any time, if the amount of parking on the site is inadequate as determined by the City Manager or his/her designee, Disturbia in Suburbia;will take immediate steps to obtain off-site parking agreements with nearby businesses. 4. The hours of operation shall b� limited to: Monday-Thursday: 3-8 pm, Friday-Saturday: 10am-12 midnight, Sunday: 11 am-7pm 5. All signage shall meet the requirements of Section 4.20 of Gity Code. 6. All future improvements to the buildir�g shall meet the City's Building Code requirements. 7. All other applicable'local, state and federal requirements shall be met at all times. 8. The applicant shall discuss with City Staff, any changes in the Business Plan submitted with the original Condifiional Use Permit application. 3. Informal Public Hearing — General Land Use Plan Map Amendment— 740''Qouglas Drive North and 6100 & 6110 Olson Memorial Highway — CPAM-5Q Applicant: City of Golden Valley Addresses: 740 Douglas Drive North 6100 &6110 Olson Memorial Highway Purpose: To change the designation on the General Land Use Plan Map from Industrial to Commercial-Office Minutes of the Golden Valley Planning Commission June 25, 2012 Page 5 4. Informal Public Hearing — Property Rezonings — 740 Douglas Drive North and 6100 & 6110 Olson Memorial Highway —Z012-18 Applicant: City of Golden Valley Addresses: 740 Douglas Drive North 6100 & 6110 Olson Memorial Highway Purpose: To rezone the properties from Industrial to Business and Professional Offices Items 3 and 4 were considered and discussed together. Grimes reminded the Commission that the Douglas Drive Corrfdor Study iden#ifi�d the area at the northeast intersection of Highway 55 and Douglas Drive to b� suitable far the development of a corporate campus. He explained that upon further study and the high costs of changing the infrastructure in that area, it has been determined th'at the sectian of the site to the north and the east of the Highway 55 frontage Road would most appropriately be zoned Business and Professional OfficeS and the area between the Frontage Road, Highway 55 and Douglas Drive (currently B;NC Bank and the former Denny's restaurant site) would be most appropriate for comrnercial development. Grimes noted that the businesses located in this area can et�ntinue, but they cannot expand. Kisch stated that he understands keeping the eorner zoned Commercial, but he's concerned about "pigeon holing"deveropmer�t due to the infrastructure. He said thinking of the area as a whole seems important and he would like the entire corner to be what the City envisioned in the Corridar Study. Waldhauser questioned what the City woWld gain by having the corner properties be zoned differently than the rest of the a�rea. Grimes stated that the danger of keeping the praperties zoned Industrial is that the City won't get the corporate campus development it envisions. Cera suggested'zoning the entire area retail services. Kisch asked which zoning districts would be allowed in the Commercial-Office land use designatiQn. Grimes discussed the zoning districts and use that would be allowed in the Commercial-Office and Cammercial-Retail/Service land use designations. Kisch said thinks the en#ire corner should be looked at together and suggested tabling these public hearings until the new Light Commereial Zoning District is in place. Waldhauser said she didn't feel that re-designating and rezoning just the properties that are currently being discussed would change anything regarding future uses, because a corporate campus would still be allowed with the new designation and zoning. Grimes agreed and reiterated that the City Council has directed the Planning Commission to consider this area in two different pieces because of infrastructure costs and setback issues. Minutes of the Golden Valley Planning Commission June 25, 2012 Page 6 Commissioners Schmidgall and Segelbaum agreed that they would like to consider the entire carner area at the same time. Cera suggested that a mixed-use option also be considered. Cera asked if the moratorium currently in place could be extended. Grimes said no. MOVED by Cera, seconded by Kisch and motion carried unanimously to table these two items in order to consider the entire corner properties at once. --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopmertt Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 6. Other Business o Proposed New Zoning District — Light Commercial Grimes explained that the proposed new Ligh� Commercial �oning district language wifl be on the next Planning Commission agenda for diseussion. o Election of Officers Cera referred to the language in the Planning Commission bylaws which states that the vice-chair shall be the fifth memb�r of the Board of Zoning Appeals. He said he thought that language had been rer�ove.d from the bylaws. Grimes said he would research the language regarding the vice=chair serving as the fifth member of the Board of Zoning Appeals and bring an arnended ordinance, if necessary, to a future Planning Commission meeting for review. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to continue the current slate'af officers for another year (Waldhauser as Chair, Kluchka as Vice Chair, Cera as Secretary and'McCarty as the Planning Commission representative on the Board of�oning Appeal�),, 7. Adjournment The meeting was adjourned at 9:07 pm. David A. Cera, Secretary t°��' �� '' .� � �� Planning Department 763-593-8095/763-593-8109(fax) Date: July 3, 2012 Ta: Planning Commission From: Joe Hogeboom, City Planner Subject: Minor Subdivision of Properties 6601 and 6621 Medicine Lake Road Paul Whiteman, RJT Investments, Applicant Summary of Reques# Paul Whiteman, RJT Investments is proposing to subdivide the properties located at 6601 and 6621 Medicine Lake Road into three new lots. The existing homes, outbuildings, and lawn features an the property would be demolished. City Code requires that each new lot meet the required 10,000 square foot minimum lot size. The propased new lot sizes are each approximately 28,371 square feet. City code also requires that at least 80 feet of width exists at the front setback line of any newly established interior lot. All of the proposed lots are interior lots which exceed City requirements. Qualification as a Minor Subdivision The proposed three lot subdivision qualifies as a minor subdivision because the original properties are part of a recorded plat. In addition, this proposed subdivision will produce three lots and will not create need for public improvements, such as street construction. The applicant has submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review of Minor Subdivision The applicant has submitted a survey for the effected property prior to subdivision, as well as renderings of proposed setback boundaries and lot layout following lat division. These documents provide the City with information necessary to evaluate the minor subdivision. The Public Works Department has submitted a memorandum dated July 3, 2012 regarding recommendations for this request. A copy of the Public Works Department memorandum is attached to this report. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comment related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. The proposed lots will meet the requirements set forth by the R1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable.The City Engineer has determined that the proposed lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. A developer would be required to submit detailed plans regarding the proposed sewer and water locations at the time building permits are applied for. Utility connections are available in this area. 4. Approval of the minor subdivision may require the granting of certain easements ta the City. The final plat must show all necessary easements as required by the City Engineer and City ordinances. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunities to comment. Hennepin County holds jurisdiction of Medicine Lake Road (County State Aid Highway 70). The County has been made aware of this proposal and does not foresee any issues with access. Permits must be obtained from Hennepin County when driveways are constructed. 6. The City may ask for review of title if required by the City Attorney regarding the dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 7. The minor subdivision may be subject to park dedication requirements. In this case, a park dedication fee of$1,650.00 will need to be paid prior to final plat appraval. Recommended Action Staff recommends that the Planning Commission provide a recommendation of approval for the Minor Subdivision proposal at 6601 and 6621 Medicine Lake Road subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the final plat, 2. A park dedication fee of$1,650 shall be paid before final plat approval. 3. The Public Works Department memorandum, dated July 3, 2012 shall become part of this approval. 4. A Subdivision Agreement will be drafted for review and approval by the City Council that will include issues found in the Public Works Department memorandum. 4. All applicable development associated fees, including the park dedication fee, shall be paid in full prior to approval of the Final Plat. 5. All applicable City permits shall be obtained prior to the develapment of the new lots. Attachments: location Map (1 page) Memorandum from the Public Works Department (3 pages� Site Plans (4 pages) t i �� ,.. r i IT � , � � � 1 �y � �; � R� 2 fi w� � , j � � � � ?- �j � �[ � C � � � ` � � � � z � u�. au � ; �S i = 1 � . Subject Properties , � � ' ' 1�1c�ci&c;irroe L�ke Ra _ _.__._w `\ \ j_. g"925 9{l96 3� $$29 68t19 ', .f /fy' �� ; � °°- �'" �._ 6747 , ;," �1`i 6531 8525 � BSfl9 �435 r�32 ~"'�a°+x��' .,, 8840 8T2S 7tY9 6G41 ��,�, �;/%„ � 339 32'� S�1 8945 ..�" i'i/.i i�''� rr.;� �` 253� 6dtl9 — ` 883fl ii��'>!i:%o!%`�;'% 2rs27 � 2531 n�. �. -..} 68iD6 �f��i/�i/��r/ � i �ir� ,..� fi,r,';/, /�� ,� �' 25ZC1 ,�r i .i ._T._..__....._..... '�. �i��''i f ,�ii; 2515 u. 8#5 �..�i �i,.�r. ,.,,v, i \ � �, g � 2511 �� $ d92 r,�i 2Sfl5 1 2548 it � �. �"�� aso� w ;:; � �sr,� zso� _� � : � °'° _-'� �aas e ,_�.._.__.__��_.________�________.,�.,,, �ss � ��' ��'� ��, �, 2$i 7 ti : 2�pfl �. � ^�� .,, � ��''�, �` , :l ��5 � �.p�� S�ndburc��II FieC�s ' � 2�s � � � � � a�u a�5 . p x�o � ` .� _. W� �_ �,. �� m � m� � ��.��t��r _._.�.._ ___.. � �3�5 � � 93p5 B w �7�� po et�a a{� ��p �°�'9P 5�P � � s+�:_.�,��,�-�,��:�as �. a. :.,,��u��;,:vn I 6$Q1 t> �w�� Cl��1 (?� 1''` � Public Works Department 763-593-8030/763-593-3988(fax) Date: J u ly 3, 2012 To: NVlark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer�� Eric Eckman, Public Works Specialist Subject: Subdivision Review for Savanah Estates (6601 &6621 Medicine Lake Road) Public Works staff has reviewed the proposed minor subdivision of property at 6601 and 6621 Medicine Lake Road called Savanah Estates. The proposed subdivision, located on Medicine Lake Road between Sandburg Lane and Florida Avenue North, consists of combining two existing single-family properties and dividing them into three lots. The two existing homes will be demolished as part of the project. Site Plan and Access: The two properties currently have three driveways onto Medicine Lake Road (6621 has a U- shaped driveway). Each of the three new lots will have its own driveway access onto Medicine Lake Road. The locations of the driveways will be determined at the time of home construction. It is anticipated that some concrete curb removal and replacement will occur. As Medicine Lake Road is a County highway (CSAH 70), a Hennepin County permit is required for all work in County right-of-way, including driveway construction, curb work, and street excavations and obstructions. The City's Right-of-Way Management Permit is required for any modifications to the City's sidewalk system in this area. The City encourages the developer or contractor to construct driveway turnarounds on each property to facilitate safer movements onto the County highway. Preliminarv Plat: Medicine Lake Road is classified as a minor arterial in the Transportation chapter of the City's Comprehensive Plan. The existing right-of-way width of Medicine Lake Road is 73 feet. The City's Subdivision Ordinance requires 80 to 100 feet of street right-of-way width for minor and major arterials. The preliminary plat for Savanah Estates shows a dedication of 7 feet of additional righ#- of-way adjacent to Medicine Lake Road,thus meeting this requirement. G:\Developments-Private\Savanah Estates\Subdivision Review.docx All drainage and utility easements shown in the preliminary plat meet the Subdivision Ordinance. Preliminarv Utilitv Plan: The City's sanitary sewer and water systems that provide service to these properties have adequate capacity for the proposed development. The existing sewer and water services will be removed and new services will be extended at the time of home construction.The developer has demonstrated that extension of these services to each lot is possible as shown on the preliminary plat. The installation of these services will require open cutting Medicine Lake Road. The developer will be required to obtain the appropriate sewer and water permits from the City for the removal and installation of utility services. In addition, Hennepin County will require a permit to obstruct traffic and excavate Medicine Lake Road. The two existing homes have not received Certificates of Inflow and Infiltration Compliance. However, a $15,000 escrow has been deposited with a title company for both properties as a guarantee that the existing sewer services will become compliant with the City's Inflow and Infiltration Ordinance. The developer or contractor working on each new home will need to obtain a Point of Sale permit, complete the required inspections, and achieve compliance with the City's Inflow and Infiltration Ordinance prior to occupancy of the homes. Stormwater Mana�ement and Gradin�: This development is within the Main Stem sub-district of the Bassett Creek watershed. Based upon the size of the development, review by the Bassett Creek Watershed Management Commission is not required. However, all temporary and permanent erosion and sediment control measures and best management practices should be shown on the stormwater management plans. The developer has submitted a preliminary stormwater management plan for each lot. The plans indicate that each lot will be custom graded at the time of home construction. A City Stormwater Management Permit will be required for each lot before the start of construction. A stormwater management plan that meets City standards is required as part of each permit submittal. Tree Preservation Plan: This development is subject to the City's Tree Preservation Ordinance. Because each lot will be custom graded, the project is considered a Single-lot Development in which a separate Tree Preservation Permit will be required for each lot prior to home construction. The developer has submitted a preliminary tree preservation plan for each lot which will be reviewed in more detail at the time of permit application. Summarv and Recommendations: Public Works staff recommends approval of the proposed minor subdivision of the existing single- family lots at 6601 and 6621 Medicine Lake Road subject to the comments contained in this review. These comments are summarized as follows: G:\Developments-Private\Savanah Estates\Subdivision Review.docx 2 1. The properties must achieve compliance with the City's Inflow and Infiltration Ordinance prior to occupancy of the homes. 2. The developer and/or builder must obtain the appropriate permits prior to development as discussed above. Approval is also subject to the comments of other City staff. Please feel free to call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Mark Ray, PE, Engineer Mitch Hoeft, Engineer AI Lundstrom, Parks Maintenance Supervisor and City Forester Joe Hogeboom, City Planner Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall G:\Developments-Private\Savanah Estates\Subdivision Review.docx 3 N 3nv snsnoa � � � � o $y�,S '� � E � ��5��$� �a� � D�� S V �� •g.� � g � E� ~' �i N•3nv vaiaov g ^� n�3nv vaiaov �5�'�,�^ �� 3� 3',�� < � �/] �o �+� � �� s:� � �� , � �� $a� �� 1 � �� f�� ' � � �� @� ,�� -� � � � �� '�$ �� R�� . 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V vi N� � � Z m�pp H �D�X� W OZ 0 W � °_ � w � °a O °� u�'i � W � a"�O� � UNinrn I � O ~f- II aJZW� -��J Y � � � � z � 3 � z v=i o � � � � N�t� •� aZi�Zl��'`� V �j Y II O Z�O°�U mmm � Q � � � a a o w o � � � a cn �a�, c � t/►O�O I v �O OF- Z� 1- w > c� c� � c� a o c� m a � I � �c O � •.�+ M �t� � W �0� JUUOJ Z�� m Z • � . . . . . . � w Z �`��C� � c � �m '�� NO � tn � � � ,,, o � 0 3 � ., o m t�� m- zN ��. w w . • • . . . . . . � a+� ��z�p c a ai tL Z wUZWO 'n o I � m c �� • � W . . � . . . �� 'Jl` I o I � � � m �N�o� c 3 oa o cQ�� •• NQ�oa ��`r o J 0 • � O � � � � M o � c � aaOtL�l� 3 � pQ� ZI Z c z �o tUiv- a� o � vo= a �c� � �'�� P Planning Departm�nt 763-593-8095/763-593-$109(fax} Date: July 3, 2012 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Amending the General Land Use Plan Map to re-designate 7345 Country Club Drive (Schuller's Tavern) from "Low-Density Residential" to "Commercial-Retail" - City of Golden Valley, Applicant (at the request of Schuller's Tavern) Background Schuller's Tavern, located at 7345 Country Club Drive, has requested that the City Council amend the City's General Land Use Plan Map in arder to add an outside patio. Schuller's Tavern is currently designated on the City's General Land Use Plan Map as "Low Density Residential." It is zoned "R-1 Single Family Residential."Therefore, as a restaurant and bar, it is a legally non- conforming land use. State Statute 462.357 defines a legally non-conforming land use as: "The lawful use or occupation of land or premises existing at the time of the adoption of an additional control (which) may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion." Statutory language provides for replacement of legally non-conforming land uses if they are damaged by fire or other disaster, but it does not permit for an "expansion" of the use. Construction of a patio intended for outdoor dining, drinking, smoking, etc. at Schuller's Tavern would expand the use of the establishment beyond its current capacity. According to the City Attorney, under the provisions of the current land use and zoning controls, Schuller's Tavern may not construct a patio. Schuller's Tavern is legally entitled to make improvements to its existing building outdoor impravements. The majority of the City Council has agreed to allow public hearings to amend the General Land Use Plan Map. If the land use designation change were to be approved, the property owner would have the right ta petition the City Council to rezone the property to "Commercial." Because bars are only permitted in the Commercial Zoning District with a Conditional Use Permit (CUP), a permit would have to then be obtained from the City Council, after an informal public hearing by the Planning Commission, in order for the restaurant to be expanded in any way. The CUP would allow the City the ability ta restrict hours of operation, traffic and parking situations and other items through the issuance of a CUP. Property awners within 500 feet of Schuller's Tavern would be invited to all public hearings. Schuller's Tavern does not meet setback requirements for the Commercial Zoning District. Because it is located on a triangular shaped lot, the property is subject to front yard setback requirements along both Cauntry Club Drive and Glenwood Avenue. If Schuller's Tavern were to expand by adding a patio (assuming the General Land Use Plan Map, rezoning and CUP were approved), the property would have to go before the Board of Zoning Appeals and obtain variances to bring the existing property into conformance with City Code. All new additions, including a patio, would either have to meet current setback regulations, or would need variances from City Code. In addition to land use and zoning-related issues, there are several other items that would need to be addressed should Schuller's Tavern move ahead with the addition of a patio. First, City Code requires all buildings that are involved in planning-related approval processes to be compliant with the City's Inflow and Infiltration requirements. That would mean that Schuller's Tavern's sewer service would have to be inspected and, if a deficiency is found, repaired or replaced. Second, if any seating area is added to a restaurant, the Metropolitan Council Environmental Services Division may require that the business pay an additional Sewer Access Charge (SAC). The assumption is that an increase in seating areas means that there will be more customers using onsite sanitary sewer services. Finally, if alcohol is to be served and/or consumed on the patio, there may be additional requirements that are associated with the onsite liquor license, For example, fencing of the area may be a requirement of the liquor license. Certain liquor licensing requirements, such as fencing, may conflict with zoning requirements, necessitating additional variances. Records indicate that the current owners of Schuller's Tavern purchased the property in February, 1997. Staff has researched the Comprehensive Plan designation and zoning designation of the property. The property has been guided as "Low Density Residential" on the Comprehensive Plan since 1959 (the earliest Comprehensive Plan on record) and has been zoned "R-1 Single Family Residential" since at least the 1970s. Staff is concerned that re-designating the property as "Commercial" would enable the property to be used for other commercial-oriented uses that are not compatible with the surrounding single family residential neighborhood and institutional uses. Staff is also concerned about maintenance and storage issues on the property. Staff has witnessed the storage of vehicles on the property (which would be prohibited even if the property were in the Commercial Zoning District) as wel! as outside storage of material and debris. Recommended Action Staff recommends that the Planning Commission recommend denial for the amendment of the General Land Use Plan Map, re-designating Schuller's Tavern (7345 Country Club Drive)to "Commercial-Retail", finding that: • The property has been guided as "Low Density Residential" since at least 1959, implying to surrounding homeowners that the property cannot be expanded as a commercial venue. • Staff has heard significant concerns from the neighborhood regarding the negative impacts of allowing outdoor eating and gathering an the site. • Establishing "Commercial-Retail" as a long-term land use on the site would allow for other commercial uses to use the property, and would qualify the praperty to apply for locational variances. Attachments Location Map (1 page) General l.and Use Plan Map (1 page) Email fram Cate Zottola and John Hiebert dated June 17, 2012 (2 pages) . � ��!� • � � /;,- - x�� H ,-"`� �''��. . . .� ,,- k r ,,,' .. f,y•- I OF,.+ i �a '"�' =A,. . � � �z � rz�o � � � ;� � P ,,. as�t� `� E �� ' :I%" a .'i R, �; ,....r-^ ' -"",.� § � p, ��3 - ... .. l,-__...-� CL.I J,,,J-„ 3t��21i ' �—`' . . , ��^J�� 7Tap€� �,��'. 764 ,,..-�r'"�„•�-^,�„ _ � �-��``�"a6fi5� �� --'"� , �,�s�d,m f��m A � e• � Subje�ct Praperty � �_ �� r.—r'.--� 6{M5 ��.�"""'�""" ..— � x�`` _ ��. _,m .� � �,. �. �� ,�_ .. _ .. _, _ � e m..,�Q-- Gcyuutr�ry�I�eb C7r�,� _ ..� ,.._ .. ,.� _ . .e .m_, __ . ... _N� � �, ,.� � . .� � �. �. � . ` `_ ..... _..._ t . �;yi. 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W � . ...... . ..... � � � 7G65 74+#5 7425 � �t73�J3 34(1 � � i � ti i �'�� .. � � � T3t10 �, L,I��t�F��rk � �945� .. � � i t u:�=>�,��t•��us� ��<c.a;��e�ar�.Tr� � r7309 t� a�it �'�r � �"t-.. ,. Hogeboom, Joe From: Cate Z <mgpetitelady@gmail.com> Sent: Sunday, June 17, 2012 12:4z PM To: Harris,Shep; Scanlon, DeDe; Pentel, Paula; Freiberg, Mike; Clausen, Joanie; abarnard@bestlaw.com; Hogeboam, Joe Cc: John Hiebert; Cate Z Subject: Schuller's Patio - Council Session Dear Councilmembers and Mayar Harris We wanted to comment on the recent council working session, discussing the expansion of Schuller's Bar. A number of points were brought up that we feel need to be reviewed: 1. Comparison Af Schuller's Rezoning to the Douglas Drive reconstructian project a. Road safety projects are dane for the greater good of all of the citizens of Golden Valley, since every citizen will benefit from being able to safely use the road and the citizens pay for these road changes. b. Expansion of a bar is for the benefit of a sin�le rip vate business. c. There are numerous opportunities for outdoor dining and drinking in Golden Valley that are not in residential areas that citizens of Galden Valley can already use. 2. City Code a. Page 3 of the Golden �alley Gity Code explicitly states that the Board of Zoning Appeals can grant variances to code.....however, i. "econamic considerations alone do not constitute practical difficulties"...Schullers is requesting this expansion as "they do not feel competitive" with ather establishments in the area. This clearly appears to be a variance change based on an economic consideration and therefore nat eligible for a variance based on the City Code � ii. Furthermore, the code states "the variance, if granted, will not alter the essential character of the locality"—we would argue this would greatly change aur local neighborhood. lf the Council is aware of these items in the Cade,why are we maving to a public hearin� ��n this issue?'??? 3. Having multiple zoning classes in an area isn't a reason to add another zoning class a. The area around Schuller's contains private residents, multi-family residences, an assisted living facility and a treatment center, which are buffered from Commercial Zoning by two office complexes. b. None of these current zoning classes, including the affice complexes, allow for the outdoor sale of alcohol. This was done ta protect the residents of this area. 4. Popular Support i a. If this process is to be strongly influenced by the amount of public testimony at the upcoming meetings, that is�in favor of Schuller's having outdoor drinking, we feel that we will have a very difficult time having our case heard equitably. b. The people who want to drink at Schuller's are not the ones impacted by this decision. They can either drink at Schuller's under its current configuration or go to one the many other outdaor drinking establishments in cornmercially zoned areas If this change occurs, the patrons of Schuller's who drink outdooxs can do so, but then get to leave the area and ga to their homes. c. We, as residents directly across the street, are the ones impacted by this decision. We own the property across the street and do not have that same opportunity --- we have to stay and listen to all of the noise. 5. `Icon of the City' a. The fact that Schullers is referred to as an `icon of the city' really rankled us b. We do not see anywhere within your city code that Schuller's is listed as an icon and can't fatham how that would impact a zoning decision c. When Schuller's was purchased by the current owners, it was purchased under the current residential zoning d. Both the current owners af Schuller's and ourselves were told there could not be an expansion to a non-conforming property In closing... o We are very concerned that we are up against a proclaimed" icon of the city" and that our rights as citizens will not have the same weight as Schuller's. We are concerned about the impartiality of this process. o It seems like the council is not addressing the real question here.....Why should a b�usiness, who k�1ew w}�at they w�re gettiing into when they purchased t11is establis�unent, be a�lowed to creat�e a ne�v outd�or drinking area which is in direct opposition ta all of the zonin� in the area? As always, we welcome discussion with city leaders on this proposal. 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UnV'�n3 C�� Planning Department 753-593-8095/763-593-8109(fax) Date: June 28, 2012 To: Planning Commission From: Mark Grimes, Director of Planning and Development Subject: Bylaws Update At the lune 25, 2012 Planning Commission meeting it was brought to stafYs attention that the section of the Planning Commission bylaws regarding representation to the Board of Zoning Appeals was incorrect. Upon research it was discovered that the language in the City Code was updated in 2011 removing the requirement that the vice chair af the Planning Commission shall be the fifth member of the Board of Zoning Appeals however, th� bylaws weren't updated at that time as they should have been. Attached for your review is a copy of the bylaws with the current City Code language included and the incorrect language struck. BY-LAWS OF THE PLANNING COMMISSION OF THE CITY OF GOLDEN VALLEY ANNUAL MEETING Section 1. The annual meeting of the City Planning Commissian shall be the first regular meeting in May of each year. REGULAR MEETING Section 2. Regular meetings of the Commission shall be held at 7 pm on the second and fourth Monday of each month. A majority of the membership of the Commission shall constitute a quorum. A City staff representative ta the Planning Commission shall serve as Recording Secretary. SPECIAL MEETING Section 3. Special meetings may be called by the Chair whenever he/she deems the same expedient or whenever three members request the same in writing. Section 4. The members may adjourn from time to time, absentees being notified. If no quorum is present on the day fixed for a regular, continued or special meeting, the members present may adjourn until a quorum is obtained, or may adjourn said meeting without a definite day fixed. Section 5. Chair or staff shall give personal notice to each commissioner, at least forty- eight hours previous to any special meeting, of the time, place, and purpose of the meeting. Section 6. No business shall be transacted at any special meeting other than that named in the call thereof, except by consent of two-thirds of the entire Commission, or by unanimous consent if fewer than two-thirds, but at least a quorum are present. If such consent is obtained, any measure adopted by a vote of a quorum shall have the same effect as if adopted at a regular meeting. ATTENDANCE Section 7. Staff will maintain a record of those Commission members present and those absent for each Planning Commission meeting. Each Planning Commission member is respansible to notify the Planning Staff in the event that he or she will not be able to attend a regularly scheduled meeting. Attendance is required at all meetings. Absence from three (3) consecutive meetings or 25 percent of the regularly scheduled meetings in any one year shall constitute grounds for automatic review of a member's appointment by the Council. It shall be the Chairperson's responsibility to contact the Commission member involved and report circumstances for the absences to the City Council. (Revised by the Planning Cammission 7/12, Adopted by City Council ) CONDUCT OF BUSINESS Section 8. Meetings shall be called to order by the Chair, or in his/her absence, by the Vice Chair. In the absence of both, the Secretary shall call the meeting to order. In the absence of all officers, the senior member present will call the meeting to order. Section 9. The minutes of previous meetings shall be submitted for approval and any errors noted and corrections made, after which, the regular order of business shall be taken up. The further order of business, unless otherwise ordered by the Commission, shall be as follows, and may be shown pn the agenda of each regular meeting: 1. Actian Items 2. Planning Items 3. Administrative Items 4. Other Business 5. Adjournment Section 10. All motions and resolutions offered and/or adopted by the Commission shall be recorded in writing. If it is desired that more than the substance thereof be entered in the minutes, the Chair shall so direct the Recording Secretary, who will incorporate the additional details with the minutes of the meeting. At the request of any Commissioner, the vote of each commissianer shall be taken and entered on the record on any question before the Cammission. ELECTION OF OFFICERS Section 11. At the annual meeting in May of each year, the Commission shall elect a Chair, Vice Chair, Secretary, and such other offices as it may deem necessary; but in case of failure to elect at the time specified, the election shall take place at a subsequent meeting without delay. The Chair, Vice-Chair, and Secretary shall hold their respective officers until the next annual meeting after their election, and until their successors are elected and qualified. DUTIES OF THE CHAIR Section 12. The Chair or designee shall preside at all meetings of the Commission and may present to the Commission such matters as in his/her judgment require attention. When the Commission has not established rules of parliamentary practice, the Chair shall be guided by Roberts' Rules of Order Revised. The Chair shall review the Commissioners' attendance records every six months in both February and August. (Revised by the Planning Commission 7/12, Adopted by City Council ) The Chair shall exercise a general supervisian over the business, papers, and property of the Commission and shall act as the Commission's Executive Officer. The Chair or his/her designated representative shall present to the Cauncil all Planning Commission recommendations. The Chair shall perform all other duties as the Commission may prescribe. The Chair may appoint ad hoc committees unless the Commission shall otherwise direct, and shall be an additional member ex officio of all committees. The Chair shall appoint a Planning Gommission member to chair each ad hoc cammittee. The Chair is a voting member of the Commission. DUTIES OF THE VICE CHAIR Section 13. The Vice Chair shall act for the Chair when the Chair is absent or disabled. All duties of the Chair's office ar as a member of any committee shall temporarily devolve upan the Vice Chair. Vice Chair shall perform all other duties the Commission may prescribe. DUTIES OF THE COMMISSION SECRETARY AND RECORDING SECRETARY Section 14. The Commission Secretary shall sign the minutes and perform all other duties the Commission may prescribe. In the absence of the Chair and Vice Chair, the Gommission Secretary shall call the meeting to order. A member of the Planning staff shall attend all meetings and act as Recording Secretary to the Commission, and shall, in addition, perform all other duties usually pertaining to this office. He/She shall keep a true and complete record of all proceedings of the Commission, and have charge of the all books, documents and papers which properly belong to this office. REPRESENTATIVE TO THE BOARD OF ZONING APPEALS (BZA) Section 15. Any member of the Planning Commissian may serve as the representative to the Board of Zoning Appeals. r � , . A Planninc�Commissioner, appointed each vear at the annual meeting of the Plannin� commission shall be the fifth member of the board of Zoning Appeals. All of the members of the Planning Commission are alternates to the Board. In the absence of any member of the Board, any member of the Planning Commission may serve as (Revised by the Planning Commission 7/12, Adapted by City Council ) an alternate. At least one member of the Planning Commission shall be present at each meeting of the Board of Zoning Appeals. AD HOC COMMITTEES Section 16. The Chair may appoint ad hoc committees unless the Commission shall otherwise direct, and shall be an additional member ex officio, of all committees. The Chair shall appoint a Planning Commissian member to chair each ad hoc committee. All committees shall consist of at least three members, except as atherwise ordered by the Commission. Three members of any committee shall constitute a quorum of such committee. If a quorum is not present at a meeting, the members present may prepare reports and submit them to the Planning Commission an behalf of the committee, in which case the report shall name the committee members who prepared it. Nothing in the foregoing shall be construed as waiving the rights of the Commission at any time to increase or curtail the duties of any committee and/or to direct or control its actions. AMENDMENTS Section 17. The above rules and regulations, or any portion thereof, may be suspended by a majority of the members of the Commission at any regular meeting, or may be amended or repealed by a two-thirds vote of the entire Commission at any regular meeting subsequent to the meeting when the same is proposed. MOTION WITH DUTIES OF PLANNING COMMISSION The ordinance establishing the Planning Commission has several charges and general duties giving direction to the Commission. The City Council, by motion, approves the following list of duties which amplifies and/or gives more specific direction to the Planning Commission. The Planning Commission shal►: A. Review and make recommendations on specific development proposals made by private developers and public agencies. B. Review and make recommendations on proposed rezonings, subdivision plans, amendments to the zoning text, platting regulations and variances and similar items having to do with administration and regulatory measures. C. Conduct special studies dealing with items such as renewal, civic design, maintenance of a suitable living and working environment, economic conditions, (Revised by the Planning Commission 7/12, Adapted by City Council ) etc. These studies may be conducted at the initiative of the Planning Commission and/or specific direction from the City Council. D. Review major public capital improvement plans against the policy and goals stated in the Comprehensive Plan for the area. E. Advise and make recommendations relative to housing, new development, and redevelopment projects proposed by the HRA prior to the final commitment of such projects by the HRA. This charge shall also relate to such responsibilities as: 1. Make recommendations to the City Council and/or HRA on the use of Federal and State Funds received for housing and community development. 2. Make recommendations to the City Council on the City's participation in other Federal, State, Metropolitan Council, County and Multi-City Housing and Community Development programs. F. Advise and make recommendations in matters relating to and affecting the environment such as: 1. Taking into account environmental concerns and the impact on the environment of any Planning Commission recommended action. 2. To cooperate with and coordinate environmental proposals and programs with other Gity groups and Federal, State, Metro, County and other municipal graups. 3. To make such reviews af land reclamation, filling, excavation and grading applications as are required by City ordinance or referred to the Commissian by the Council; provided that no review or recommendation shall remove or limit the right of a property owner in accordance with City ordinances and the statutes and constitution of the State of Minnesota. (Revised by the Planning Commission 7/12, Adopted by City Council )