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08-13-12 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Raad Council Chambers Monday, August 13, 2012 7 pm 1. Approval of Minutes July 9, 2012 Regular Planning Commission Meeting 2. Informal Public Hearing — Conditional Use Permit— 8806 7t" Ave N — Minnesota School of Basketball — Recreational Use in the Light Industrial Zoning District— CU-132 Applicant: Brian Ammann — Minnesota School of Basketball Address: 8806 7t" Avenue North Purpose: To allow a recreation facility in the Light Industrial zoning district. 3. Informal Public Hearing — General Land Use Plan Map Amendment— 9130 & 9220 Olson Memorial Highway— CPAM-52 Applicant: City of Golden Valley Addresses: 9130 & 9220 Olson Memorial Highway Purpose: To change the designation on the General Land Use Plan Map from Commercial-Retail to Residential-High Density 4. Informal Public Hearing -- Property Rezoning — 9130 & 9220 Olson Memorial Highway — Z022-01 Applicant: Tiburon 55, LLC Addresses: 9130 & 9220 Olson Memorial Highway Purpose: To rezone the properties from Commercial to High Density Residential (R-4) --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 6. Other Business 7. Adjournment ° This document is available in alternate formats upon a 72-hour request. Please calf ` 763-593-80Q6{TTY; 763-593-3968}to make a request. Examples af alternate formats may inelutle large print,electronic,Braille,audiocassette,etc Regular Meeting of the Golden Valley Planning Commission July 9, 2Q12 A regular meeting of the Planning Gommission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, July 9, 2012. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners, Cera, Kisch, Kluchka, McGarty, Schmidgall, Segelbaum and Waldhauser. Also present were Director of Plannin,g and Development Mark Grimes and Administrative Assistant Lisa Wittman. 1. Approval of Minutes June 25, 2Q12 Regular Planning Commission Meeting , MOVED by Kisch, secanded by McCarty and motion carried unanimou�f�r. Commissioner Kluchka abstained. 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 Medieine Lake Road Purpose: To allow the applicant ta divide twa single family residential lots into three single family residential lots Grimes referred to a location map of the subject properties. He explained the applicant's request to subdivide the prQpert'res into three new lats. He explained that each lot will be approximately 28,000 squ�re`Feet in size which exceeds the minimum lot size requirements. He added that the existing homes and accessory structures currently located on the prop�rties will be removed. He stated that staff is recommending approval of the s�bdivision rec{uest as it is consistent with the Comprehensive Plan and it meets all the Zoning,Cod� requirements. Kluchka asked if any variances are being requested or if there is the potential far variance request� in the.future. Grimes said no variances are being requested and the lots are more than'farge enough ta build houses on without requiring variances. Segelbaum asked if these are the same parcels that the Planning Commission considered several months ago for higher density housing. Grimes said yes. Segelbaum asked if there are any requirements not being met. Grimes said no, all requirements regarding subdivisions are being met in this proposal. Waldhauser asked if the homes coutd be built anywhere within the setback area. Grimes said yes and added that the driveways will probably have a turnaround area so people wouldn't have ta back out onto Medicine Lake Road, Minutes of the Galden Valley Planning Commission July 9, 2012 Page 2 Paul Whiteman, RJT Investments, Applicant, explained that he originally wanted to do a six-lot development on these two properties but it became too cost prohibitive so now he is proposing this three-lot development instead. He explained that the placement of the homes will be decided by the purchaser based the location of trees, etc. Waldhauser asked if the tree preservation and grading of the properties will be considered for each lot individually. Whiteman said yes. Cera asked Whiteman if he is building a model home. Whiteman said yes anti showed an architectural drawing of a proposed home. He added that the approximate cost of the homes will be $350,OQQ and will be approximately 2,500 square feet in size. Waldhauser opened the public hearing. Logan Ericksen, 6725 Medicine Lake Road, asked if the properties will be single family homes. Waldhauser said yes and noted that the zoning classification is not changing. Seeing and hearing no one else wishing to comment. WaJdhauser closed the public hearing. Kisch stated that because all of the City's quaiitications have been met he is in support of this proposal. Segelbaum agreed. MOVED by Kisch, seconded by Kluchka and motion carried unanimously to recommend approval of the proposal to subdivide th� properties located at 6601 and 6621 Medicine Lake Road into three lots subject to the following conditions: 1. The City Attorney will de.termine 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, 2Q12 shall become part of this approval, 4. A Subdivision Agreernent will be drafted for review and approval by the Crty Council that will irtclud� issues found in the Public Works Department memorandum. 4. All applicable develapment associated fees, including the park dedication fee, shall be paid in full prior to approval of the Final Plat. 5. AIl applicable City permits shall be obtained prior ta the development of the new lots. Minutes of the Golden Valley Planning Commission July 9, 2012 Page 3 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: To change the designation on the General Land Use Plan Map from Low Density Residential to Commercial-Retail Grimes stated that this is a General Land Use Plan Map Amendment brought forth by the City Council. He explained that the City is the applicant and only the'City Council �an amend it since it is the City's plan. He stated that at the June 12, 2012 CounciVManager meeting Schuller's Restaurant asked the City Council to consider changing th� General Land Use Plan Map designation from Low Density Residential to Gommercial-Retail in order to allow them to construct an outdoor patio. Grimes explained that staff and the City Attorney believe that the addition of a patio would be considered an expansion of an existing non-conforming use which is not allowed per City Code. He stated that he researched the history of this property in order to try to figure out haw long this property has been designated Low Density Residential. The first Comprehensive Plan (1959) had the property designated Low Density Residential and it has been zoned Single Family Residential since at least the early 1970s. He added that#here are a number of steps involved before expanding the restaurant would even be possible. The General Land Use Plan Map would have to be amended, the property would then have to be rezoned, a Conditional Use Permit to allow f�ar a restaurant would have to be obtained and variances would be required because the building is non-confarming with setback requirements. Waldhauser asked about uses th�t would be allowed if the property were rezoned. Grimes stated that one of the �ancerns he has is regarding the uses that would be allowed if the property were zon�d Commercial. He said offices, retail uses, restaurants, auto-related uses with.a Canditional Use Permit and anything else allowed in the Commercial zon'rng district would be allowed at this property if it were rezoned. He added that the bui�ding cauld also be torn down and a different one built. He explained that another concerr� is tlie impact of the land use changes on the residential and institutional properti�s,adjacent to the property. Staff believes the General Land Use Plan Map should not be changed.' Waldhauser asked if Schuller's would be allowed to reconfigure the building. Grimes said they are allpwed to maintain, repair and rep�ace the existing building, but they cannot expand it. Schmidgall referred to the potential new Light Commercial zoning district and asked what types of uses would be allowed if the property was rezoned Light Commercial. Grimes stated that many of the same uses as the Commercial zoning district, with the exception of auto-related uses, could potentially be allowed in the Light Commercial zoning district. Minutes of the Golden Valley Planning Commission July 9, 2012 Page 4 Schmidgall asked if there is any other way a patio could be added to this property. Grimes reiterated that as long as the patio is going to be used by their customers it would be considered an expansion and in arder to expand, the property would need to be rezoned. Segelbaum asked if the General Land Use Plan Map and Zoning re-designations could go through the amendment process simultaneously since the two plans ultimately have to match. Grimes stated that there is a period of time allowed after the General Land Use Plan Map is amended to change the Zoning designation. Kluchka referred to the General Land Use Plan Map and asked what the "semi-public facilities" category means. Grimes stated that is the designation for nursing hames, hospitals, etc. Kisch questioned if Schuller's would need a Conditional Use Permit if the Zoning of the property were to change. Grimes said yes and explained that ff the property were to be rezoned it opens all sorts of issues with the Building Cade, Zoning Code and other requirements. Kluchka asked how the building got built in the first place.'Grimes explained that it was built in 1929 before the City had a Zoning Code. He added that at that time Country Club Drive was more of a crossroad than it is currently. : Segelbaum asked if the request gets.to the Conditional Use Permit phas� if conditions could be placed on it regarding noise, hours, etc. Grimes said yes and stated that because this property is in a unique area, next to residential properties, there may be more conditions than usual such as sound mitigation, screening, and lighting. Segelbaum stated that the opportunity to address some of the concerns could arise during the potential Conditional Use Permit process. Schmidgall said he would enjoy Schuller's having a patio but he is nervous to think about what else cauld potentially be lacated at this property if it were to be rezoned. He asked if the City could pass an ordinance ta allow the patio addition. Grimes said no, the City could not pass an ordinan�e approving a patio. Schmidgall asked if covenants could be put in place or if a.�onditional Use Permit or Rezoning could be revoked if Schuller's ever left this locatian: Grimes'said he thinks there would be property rights issues involved with that kind of action. He reiterated that if the City wants to allow Schuller's to expand than the �rocess th�t has been discussed is the way it has to be done. Segelbaurn asked if the Single Family Residential zoning district could be amended to add a bar use. McCarty asked if the occupancy could be limited. Grimes stated that Schuller's adding more seats to their restaurant equals an expansion which means the General Land Use Plan Map and Zaning for the property would need to change. Kluchka asked Grimes to summarize the recommendation in the staff report. Grimes stated that staff is recommending denial of the amendment to the General Land Use Plan Map finding that the property has been guided Low Density Residential since 1959 implying #o the surrounding homeowners that the property cannot be expanded as a Minutes of the Golden Valley Planning Commission July 9, 2012 Page 5 commercial venue, there have been significant concerns from the neighborhood regarding the negative impacts this could have and establishing the property as Commercial-Retail would allow other commercial uses on this property. Waldhauser stated that most of the commercial uses that could potentially operate at this property would be similar in use to the current use such as a small restaurant or small office building. She added that the only objectianable use would be the auto related uses. Kluchka asked about the �ity Council's discussion of this proposal. Grimes stated that Schuller's brought their idea of constructing a patio to the City Council and tha#the majority of the Gouncil thought this proposal was something they would like to cansider so the direction by the Council was to start the process by having the Planning Commission consider amending the General Land Use Map designation. H� added that'on the surface this proposal doesn't seem to be a big deal, but there are some legitimate concerns by the neighbors regarding noise, etc. and the City has to be realistic about being able to enforce any conditions that could be placed on the property. Steve Sands, 1400 Sumter Avenue North, representing Schuller's, gave the Planning Commissioner's a drawing of the proposed patia and landscape design. He also submitted a petition from bar patrons who su,pport#he proposed patio addition. He stated that Schuller's has had offers from people to purchase the property, but they have turned them down. He referred to a rumor circulating that Schuller's paid people for their signatures on the petition he submitted and explained that signatures were not bought, but Schuller's did give some gift cards to peQple as a way of saying thank you. Ray Jacob, Schuller's owner, stated that he has been in the restaurant business since 1961. He said he owns three restaurants and two of them have patios under construction. He reiterated that he has had many offers to sell Schuller's but he is not interested in selling because his plan is to pass the restaurant on ta his ehildren. He said his business is down and they've had to reduce staff. As a result he is trying to improve business by adding a patio. He stated that Schuller's supports many activities, groups and events in Golden Valley such as softball, volleyball, tennis, church events and schaol events. He added that he has had some of his employees since 1968 and that he his good to his employees`and his custorners. Mark Jacob, representing Schuller's said the restaurant has always been a place that is close to his heart and he could never sell it, they just want to update it. Waldhauser asked Ray Jacob when he purchased the property. Jacob said he bought the property in 1989. McCarty asked when they started reducing staff. Mark Jacob said they started reducing staff approximately two years aga. Segelbaum asked Ray and Mark Jacob if they could address the concerns they've heard fram the neighbors. Minutes of the Golden Valley Planning Commission July 9, 2012 Page 6 Mark Jacob showed the illustration of the patio design and explained that there will be trees added as a buffer and screening. Waldhauser asked if they are planning any other modifications to the building. Ray Jacob said he would like to install more windows on the west to better view and monitor the proposed patio. Mark Jacob added he is also concerned that he cannot re-build the structure if it were to burn down. Grimes clarified that legally non-conforming uses may be continued, including repair, replacement, restoration, maintenance or improvement, but not including expansion. Cera asked the Jacobs if they've had a neighborhood meeting. Ray Jacab said they have not. Kisch reminded the Commission that this item was brought forward by the City and that Schuller's is not the applicant at this point in the proposal. Waldhauser opened the public hearing. Peter Pluwak, 510 Kelly Drive, said knows the owners say that Schuller's is a family restaurant but he has seen cars leave Schuller's parking lot and hit mailboxes. He said there are two group homes on Kelly Drive and a nursing hame on Glenwood and that wheelchair-bound people go up and down Kelly Drive where there are no sidewalks so he concerned about more traffic in the area and accidents happening. Cate Zottola, 7421 Glenwood Avenue, said she purchased her property in a residential neighborhood not a commercial area. She said that property values in her neighborhood have gone down and any change to th� zoning o�F the Schuller's property will have unintended consequences. She said she talked to the City when she purchased her home and was assured that the Schuller's property was zoned residential and that it had been for many, many years and she purchased her home knowing that it would be a challenge to change the zoning on th� Schuller's property. She said she understands Schuller's desire to expand however she b�lieves tF�at would come at a high price especially if the use were to change to an undesirable business. She said Schuller's is requesting this because they feel they are not e4mpetitive without an outdoor patio space but they knew their limitations when the purchased the property. She referred to the City's variance regulations and s�ated thaf economic considerations alone shall not constitute a hardship. She stated that an expansion of Schuller's would bring incremental naise, outdoor alcohol consumptior��.tra��fic and disruption into this generally quiet part of the City. She said the bar patrons can come and go, but this is her neighborhood and she can't go anywhere else and is stuck listening to the noise. She encauraged the Planning Commission to deny this request. John Hiebert, 7421 Glenwood Avenue, said the Mayor referred to Schuller's as an icon and he cannot find anywhere in the City Code where it lists Schuller's as an icon. He said Schuller's knew when they bought this property that they couldn't expand. He said he's taken a lot of time trying to educate himself on how this process works. He stated that the Schuller's property has been designated Low Density Residential on the General Land Use Plan map since 1959 and there is a reason why it's been that way. This property has been zoned Single Family Residential since the 1970s, therefore it is a non-conforming land use that is allowed to remain in its current location, but it is not allowed to expand. Minutes of the Golden Valley Planning Commission July 9, 2012 Page 7 He said the zoning is the way it is in order to protect the residential neighborhood and he respectfully suggests that the proposal be denied. Ed Vizard, 7101 Glenwood Avenue, said he would like to see the patio constructed because it would be a good thing for the business and it should not be a big deal to put in a patio. However, changing the zoning to Commercial is a big deal. He said the concern is what will happen if Schuller's is no langer there. He said the City is dealing with a business that has been at this location for 80 years so he doesn't understand why the City can't find a way to allow a patio. He said i# sounds to him like the Council is trying to open a "commercial wedge" in what is a neighborhood enclave. That is what should be considered, not the merits of a patio, but what the rezoning will do the neighborh�od. Karen Reeves, 605 Pennsylvania Avenue, said she has to shut her windows and can't hear her TV because of the noise from Schuller's. She has heard people at 2 am when they get in their cars and go home. She can"t leave; she has to live here witt�'the noise. She said she respects the local business and Schuller's does a good"business as is. She said the property will be worth a lot more if it is rezoned to Commercial and she is concerned about what other type of use could ga in if it were rezoned. She asked that the City not allow the patio. John Gentrup, 7101 Glenwood Avenue, said h� thinks the patio will go a long way in beautifying the peninsula and he thinks a`patio would be a`good idea. He said he thinks businesses in general face a lat of onerou�,difficulfiies when they try to make changes so he would be in favor of this propos�L Steve Sands, 1400 Sumter Avenue North, noted that some of the residents have said that Ray Jacob knew the prope:rty waszoned residential when he bought it, which is true, but the residents also knew tM�t Schul`ler's was there when they bought their properties. He said he is not convinced that staff's and the City Attorney's opinion regarding the process to allow a patio is carree#, He said there are a lot of bars in Northeast Minneapolis that have been around since the!1930s, they have patios and are within 20 feet of a residential property so they seem to have a way to deal with this type of situation in Minneapolis and they he can't figure it out in Golden Valley. He stated that Mr. Jacob is not asking for the warld with this request. He said they would stop serving by 8 pm and have people off#he patia by 9 pm and noted that the noise ordinance regulations don't apply until 10 pm. He said he understands the neighbor's concerns about a different use in th�future however the property really has no commercial value because it is not visible from any,majar road and any future uses would have to be approved by the City. He said there has be�n some talk about installing the patio on the north side of the property but that would also require variances. Also, a patio on the north side would be a liability because of golf balls from the country club and the servers would have to go up and down steps on that side of the building. He reiterated that Schuller's is a community gathering place and has been an asset to the community. Waldhauser stated the she understands the difficult position Schuller's is in but the Planning Commission can't change the laws, or the process. Minutes of the Golden Valley Planning Commission July 9, 2012 Page 8 Cate Zottofa, 7421 Glenwood Avenue, stated that as a resident wha lives across the street, she has observed things that Schuller's isn't policing now including people smoking and parking where they are not allowed. She said that an expansion to Schuller's would make her quality of life suffer. Kluchka asked Zottola about the traffic on Kelly Drive. Zottola said Kelly Drive has fairly heavy traffic that increases at happy hour and with motorcycles on Saturdays. Ray Jacab, stated that he has told people not to park where they are not supposed to and the anly other people that park there are the police who come at lunchtime. He said he does the best he can to monitor his customers. Seeing and hearing no one else wishing to speak. Waldhauser closed the public Mearing. McCarty said this is a difficult proposal because while it is nic�; to be,able to sit outside, he has a hard time considering rezoning this property because of what it could became in the future. He added that if there was another way to consider allowing a patio he would. Kisch said he is also concerned about rezoning the property. However, due to the site configuration it probably couldn't handle a signific�ntly differ�nt use. He agreed that it would be nice to allow people to sit outside and that there are ways to mitigate noise and other issues, he just doesn't feel there is a curr�nt zoning district that he would be comfortable recommending at this point, k�ut he feels this opens up the discussion to explore a new or different zoning district. Grimes suggested that if the;Gity Council considers different zoning language they should do so before they amend the General Land Use Plan Map. Kluchka asked if there has been a demand or queries from other developers for this type of neighborhood bar concept. Grimes said no. He noted that the Applebee's restaurant didn't make it and that there are other locations in the City where a bar with a patio would be allowed. The'Schuller's property is just very unique. Segelbaum �aid i# �eerns Iike Schuller's has made some effort to talk to the neighbors. He said he thinks re-designating the land use and rezoning the property opens it up to for too many other possible uses so it doesn't make sense to him to amend the General Land Use Plan Map; Cera stated that Golden Valley is not Minneapolis the two cities developed and grew completely differently. He said he doesn't feel any commercial use would work at this property because of the distance to residential property. He said there are reasons the Zoning Map and the General Land Use Plan Map are the way they are. Waldhauser said she thinks it would be good for Schuller's to invest in their property and that a patio would be an amenity to the neighborhood as long as the noise issues are resolved, but there isn't any way to construct the patio without rezoning which opens up a Pandora's Box of other issues. She agreed that this is a unique property but it would be Minutes of the Golden Valley Planning Commission July 9, 2012 Page 9 stretching the purpose of the General Land Use Plan and the zoning designation to allow this, so she would not be in favor of recommending approval at this point. Schmidgall noted that the City will be considering a new Light Commercial zoning district and that this might be an appropriate location to consider that new zoning district. He said he would like to mave this discussion forward by recommending approval of this propased land use amendment. Grimes explained that the Light Commercial zoning district is being considered fior the Douglas Drive/Highway 55 area and he isn't sure that the uses being proposed for the Light Commercial zoning district would satisfy the neighbor's concerns, He stated that the Planning Commission could tell the Council that th� only way;the Gommission is comfortable moving forward with this request is if any proposed new zoning language would be acceptable. He added that the City Council will be reviewing the proposed new Light Commercial zoning district language a�ain before it comes back ta the Planning Commission for review. McCarty said he doesn't feel that this one property is enough to justify months af discussion of a new type of zoning district that could be still be different#rom what is considered in other areas as well. Kluchka said he wa�rld like ta better understand the implications of a new zoning district. Segelbaum said he wauld like to see the Planning Commission recommendation include that there be a different type of zoning option available. MOVED by Kisch, seconded by Schmidgall t� rec�mmend appraval of changing the designation on the General Land Use Plan Map from Low Density Residential to Commercial-Retail for the properfy located at 7345 Country Club Drive (Schuller's) with the caveat that as it moves forward the Planning Commission would like to further explore additional zoning opportunities. Grimes said it seems,like th�r� is a real concern about the property being zoned Commercial as per the City Cade today. So perhaps the message to the City Council is that under the �#atus qua the Planning Commission doesn't want to see the General Land Use Plan Map changed but if the Council gives direction to study the zoning maybe the Commission could come up with different zoning language. He added that he doesn't know if recommending approval of the General Land Use Plan Map is sending the right message. McGarty added that he thinks the Planning Commission can still have a conversatian regarding new zoning language at the direction of the City Council without approving this proposed arn�ndment. He said approving this proposal is not to generate a discussion of different zoning districts it is to generate the possibility of a patio for Schuller's and a rezoning of the property. Kisch withdrew his motian, Schmidgall withdrew his second of the motion. MOVED by Segelbaum, seconded by Schmidgall and motion carried 5 to 2 to recommend denial of changing the designation r�n the General Land Use Plan Map from Low Density Residential to Commercial-Retail for the property located at 7345 Country Club Drive Minutes of the Golden Valley Planning Commission July 9, 2012 Page 10 (Schuller's) with the strong recommendation that the City Council directs the Planning Commission to further explore the creation of different types of zoning categories that might permit this type of request. Commissioners Cera and McCarty voted no. Cera explained that he is in favor of recommending denial of this request, but he voted against it because he is against the Planning Commission looking for ways to solve Schuller's attempt at getting an outdoor patio. McCarty said he agrees with Cera and thought the minutes will reflect the Planning Commissions thoughts of the issue without having to ask the Council for direction on exploring new zoning categories. Schmidgall said he doesn't want the property to be rezoned, but he feels Segelbaum's mofiion is key to driving further discussion. Waldhauser said she is not optimistic that any new �oning category that will solve this property's problems. --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings , No reports were given. 6. Qther Business Planning Commission Bylaws Amendment MOVED by Cera, seconded by Kisch and' motian carried unanimously to amend the Planning Commission Bylaws to make them consistent with the existing City Code. 7. Adjournment The meeting was adjourned at 9:11 pm. David A. Cera, Secretary Gl�� `'; Plannin De artment � � 763-593-8A95/763-593-$109(fax) Date: August 6, 2012 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Informal Public Hearing- Conditional Use Permit (CUP) 132 - Recreation Facility in the Light Industrial Zoning District (8806 7th Ave. No.) Brian Ammann, Applicant Background and Proposed Use Brian Ammann, applicant, is proposing to open "Minnesota School of Basketball" at 8806 7th Ave. North. The facility, part of a larger office/warehouse complex, is located in the Light Industrial Zoning District. Under the regulations of the Light Industrial Zoning District, a recreation facility is classified as a conditional use. Therefore, the Minnesota School of Basketball must obtain a Conditional Use Permit (CUP) prior to conducting business. This address was previously before the Planning Commission as the proposed location for "Disturbia in Suburbia". That business no longer intends ta occupy this facility. The Minnesota School of Basketball provides basketball lessons to people between the ages of 7 and 21. Most of the lessons would occur in the evenings and on the weekends. Typically, anly 2-6 students would be in the facility at any one time. There would not be a case where over 15 students would be in the facility. The Minnesota School of Basketball currently has locations in Plymouth and Apple Valley. The Golden Valley site would replace the Plymouth tocation. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. The applicant successfully operates this business in Plymouth already, and the Golden Valley site would simply replace that location. 2. Consistency with the Comprehensive Plan:The General Land Use Plan Map guides this site as long-term "Light Industrial." Recreational uses are allowed through the Conditional Use Permit process in the City's Light Industrial districts. 3. Effect on Property Values in the Area:The property at 8806 7th Avenue North is not adjacent to any residential areas. The proposed use could fit in well in a mostly-industrial area. 4. Effect of Use on Traffic in the Area: The Minnesota Sehool of Basketball would mostly be open in the evenings and on weekends. Most of the other office uses in the area operate during weekdays. Therefore, the majority of traffic generated from the business would not conflict with current traffic in the area. Staff does not anticipate the increase in traffic to negatively impact the surrounding area. 5. Effect of Increases in Density or Population on the Area: The proposed use will have no effect on population. 6. Increase in Noise Created by Use: The activities at the site would occur indoors. Therefore, the proposed use will cause only a minor increase in noise to the area. 7. Any Dust, Odor or Vibration caused by Use: The proposed use will not create dust, odor, or excessive vibrations. 8. Any Increase in Animal Pests Caused by the Use: The proposed use will not attract animal pests of any kind. 9. Visual Appearance of the Use: The Minnesota School of Basketball would be entering into an existing building, not significantly altering the exterior appearance af the building in any way other than the installation of signage. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the propvsed use. Recommended Action Staff recommends approval of Conditianal Use Permit 132 allowing the Minnesota School of Basketball to operate as a recreational facility 8806 7th Ave. No. The approval of a Conditional Use Permit is subject to the following conditions: 1. The site plan shall become a part of this approval. 2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated July 17, 2012, shall become a part of this approval. 3. All signage shall meet the requirements af Section 4.20 of City Code. 4. All future improvements ta the building shall meet the City's Building Code requirements. 5. All other applicable local, state and federal requirements shall be met at all times. 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'� „�l^' .,--...—,...db T 1 v . . � l� � _, � ��, �--�r�t�y,st � .�°, � �rcroGtv` C�rrr�rr��ur,it��n��r��a�#�u�� , � "��,. , „ �� ..� vg � ��' f u,f. �� , �.�, ,� " �,� p �°� � ,'� .� � � ° '� � n�r,at�trl1�P��tur�Pr rv� � ` �: , , .i a � a�b�r��,�, „ � �. t' �� , . 1C11 Gene�rard�flils�i�rrd � �` �; � � C s�a,;��a �;��ras ..wr.s�.c+:�,��a;:saa=, ,,,,,.:-''•'"� a ys� �,•,; � _ �'Z�� ((�� Fire Department 763-593-80791763-593-8098(fax) Date: July 17, 2012 To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject; Conditional use Permit Application I have reviewed the conditional use permit application packet for the proposed business MN School of Basketball, located at 8806 7th Avenue North. Listed below are the fire department comments. 1. This proposed site would be a change of use for this occupancy. This change of use would constitute a building code analysis. A MN State licensed architect would be required ta submit a building cade analysis report to the city of Golden Valley building official for review. 2. The demolition and construction phase to this proposed site shall be in accordance with the MN State Fire and Building Codes. 3. This proposed site shall meet the requirement of a special amusement building in accordance with the MN State Fire Code. 4. This proposed building site shall be required to maintain proper fire department apparatus access to the building's fire suppression connections and fire hydrant locations without being deterred or hindered from gaining immediate access to the fire protection equipment. 5. Fire extinguishers will be required to be installed in the building in accordance with the MN State Fire Code. If you have any questions, please contact me at 763-593-8065 or eanderson e�ldenvaEl._ey_mn,�ov EA/jl To: City of Golden Va11ey From: Brian Ammann, Owner of MN School vf Basketba{l Date: July 1,2012 Subject: Conditional Use Permit I am writin�the city of Galden ValEey for the approvat of a Canditianat Use Fermit for a business that i am rrtoving. i wilt be opening a smal!gym (workout facitity)ar►d witt be providing basketbat!instruction to bays and girls ages 7-21. The facility is located at 8806 7�'Avenus North in Golden Vailey. During the school year,the majority of the instruction wil{occur#rom 49 p.m., Manday thr� Friday. On Saturday and Sunday the instruction w�lf occur from 9 a.m.—6 p.m. During#he summer months the times and instruction witl take ptace be#ween 8 a.m.—7 p.m.,Sunday thru Saturday. The nature of this business is going to he individual#�aining or sma11 group training far the sport of basketbaB. 1�:oject that 90%o#the time this facilit-�is open; i wift have 2-6 stucients partici�ating at any given time. The most i wi!{take at any one time would be 15 staden#s. The business wilt provide proper training,footwork and skili instrvction in the sport of basketbali. Most students will come to this facility and train for about one hour. We wiil be doing shoo#ing, passing and bait hand[ing skilts needed to ptay the game a€baske#bali at the highest level possible. � We have been operating MId Schoot of Basketbalf for 8 years in Plymouth and Apple Vafiey. Tfiis new iocation wili repiace the current location in Plymouth that has been open for five years. i was a coliege basketbafl coach€or twenty years priar to apening the MN 5chool of Sasketbalf in Appte Vatley which has been open for 8 years. if yau need more information or uroul�! like to ask me questions regarding this business, please don't hesitate to call me. Thanks#or your time and i look forward to hearing from you soon. � �- Brian Ammann 9997 272�`Street West Lakevilie, MN 55044 Home: 952-898-9626 Celf: 612-4�81-1296 , s � � " . �� _ _ �.epres.�v��S f�o,r�-�•big Qo.s i�-�-6o�t� t-1 n o P S . � � �(a�r�� w� �\ �� p a r- 1-ab t� C Re�d v c�.l,t�e) ;w�, � ,.,.� � �� ,��- C o�� 1- `�'i 1 Q S . i i � � � ;■ � I � —— � � s � 1 , e a o � 0 0 0 ��—�—�_.�� { � �� f�� l �� V� 7� �Y�. � r � � � SCA,GE t , ! ��.��v ��t„� r ��I ; � , ' i r�zo�cr: �OLt7EN VA 1 FY III SIlE PLAPI Steiner 8804-884�0 7TH AVENUE j Development� �IZC. GOLQEN VALLEY, MN. 1 3610 Cwaty Rosd 101 p6�e:(6l2}473-5650 w.ym�,Nr»s sss9� r�:t6iz?a�-�osa st�I xo: 1 1�A�: 05/22 f 2412 � � DECATUR AVENUE NORTH M4 .H. i 88�F0 8838 ` 8836 ; 8834 8832 �� = 8824 H � O ss2o Z E � W Z 8818 a � W � `� as�s _ � n �8814 � 8812 8808 x � 8806 � 8804 � Z f � i BOONE AVENUE NORTH = � (.�vM—�o-1H�ia �nand) �30 •� •�11� ��QOi1 ZwZ �`�� --- Hl2lON 0�'l8Z--- �. '�� --ean� •�rw� • � �r J A $\\ ¢tWii/ W Q O � Kt�i � V 1 �3 r�i 1 1 �'�` . 1 _ __ _ _.---•----� �i � It i Lti'tiS ti'LZl N \1 z I -"� � 1 vf 1 0'OZ 0"9 L � m I .al• j V I = v :r`,:"-Y.- �- I ¢ oi =•:a' � y c� I M �%a - ,4"' ' .. O �� tll � `� � ,.. U Q � . � 0'9l j -m N 1 o .3 j _ �n J� I � � � o`� � 1 / o � � oZw � . a � i ° " � i v0� 0S1 i z 0'9L � o�� i (� U ' - � � Q ;�1i: � �� . 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OQ � -' m�1 Zc� 1 a a � f � �n � � � [ � �./ ` � , 0'9L °m t\, W� � t�-r-I a`..� �� h1-f � ��/' T— N ':'�:... _ -: O v� ,`� J� ��'_I N _ w l I xo �" t w \i�., � � � m : � ��9L j Mvi: ai � �\ a � t�� U :1 � p _- 1�U � � "tQ � � F i m ��} ` m z " 0'9l �� ' Q S£ m � �20 � Y N --._ . r�� o•oa m N �:', �� o � "�ti: � : � �� 0'9L� l�.t �-�Zt n� ty � \��,1��.�_�Lt\L1�\� � 1 4 ZZ Q � _- ( � �ri t � '�Z, M � ` _ a�`_�, _ ---�""�1�0N �� gLc�--- I � ��...� �: '--san� •�NO� � . s� � z �- � s�� Q�� V �...J�7 Q (AVnn—.�o—i�ia �nand) �+N�� + fi�y �.. . k �� Planning Departrnenfi 763-593-8095/763-S93-81 Q9(fax) Date: August 6, 2012 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Amending the General Land Use Plan Map to re-designate 9220 and 9130 Olson Memorial Highway from "Commercial-Retail/Service" to "Residential-High Density" - City of Golden Valley, Appticant Background Staff was recently appraached by the Qunbar Development Corporation regarding the possible development of an apartment complex at 9220 and 9130 Olson Memorial Highway. The properties, located near the northeast corner of Highway 169 and Highway 55, currently contain a small office facility and a former bowling alley. The developer is considering plans for a six-story, 142-unit market-rate apartment building. The proposed name for the project is "The Tiburon." The Tiburon would consist of studio and one bedroom units, and would include recreation amenities for residents. Dunbar Development Corporation has developed similar products in Maple Grove and St. Lauis Park. The General Land Use Plan Map currently guides the two properties as "Commercial- Retail/Service." To achieve a multi-family residential development at this location, the General Land Use Plan Map would have to be amended to guide the properties as "Residential-High Density." The properties would also have to be rezoned. The rezoning process and'the General Land Use Plan Map amendment process is occurring concurrently. The City Council unanimously agreed to allow the General Land Use Plan Map amendment and the Zoning amendment process to move forward. Following the General Land Use Plan Map and Zoning amendments, the developer will need to obtain a Planned Unit Development (PUDj permit for the project. This PUD permit process involves four public hearings. More detailed information about the proposed development, such as stormwater plans, tree preservation plans, environmental reviews, etc., would be requested during the PUD permitting process. Recommended Action Staff recommends that the Planning Commission recommend approval for the amendment of the General Land Use Plan Map, re-designating the properties at 9220 and 9130 Olson Memorial Highway from "Commercial-Retail/Service" to "Residential-High pensity." Attachments Location Map (1 page) Memo from Craig Vaughn, SRF Consulting Group dated August 8, 2012 (2 pages) General Land Use Plan Map (1 page) "The Tiburon" Site Plans (2 pages) E �c:i�v��zs �� Pta�r��s � ES14;ivERS Ccrnsult'rn�,GrauH,fne. SRF No. 01279XX MEMORANDUM TO: Joseph S. Hogeboom, City Planner CITY OF GOLDEN VALLEY FROM: Craig Vaughn, PE, PTOE, Senior Associate DATE: August 8, 2Q 12 SUB.IECT: PROPOSED TTBURON DEVELOPMENT TRIP GENERATION SUMMARY INTRODUCTION As requested, SRF Consulting Group has completed a trip generation review for the proposed Tiburon Apartments in the City of Golden Valley, Minnesota. 'The proposed development is located in the northeast�uadrant of TH 169 and TH 55. The mai� abjective is to review the trip � generation for the proposed apartment complex with the comparable trip generation for potential commercial uses on this parcel. PROPOSED AND POTENTIAL SITE DEVELOPMENT The proposed development will consist of a five-story apartment building with 142 rental dwelling units. A single access point to the proposed development will be provided at the north side of the parcel onto Golden Valley Road. The City of Golden Valley is currently reviewing the site for a zoning change to allow residential uses on this parcel. The proposed development is currently located in the Commercial Zaning District. Section 11.30: Commercial Zone District describes the maximum lot coveraga (50%) �and height restrictions (3 stories) for buildings in that zoning district. The parcel is located � on approximately 2.8 acres of land. Based on the Commercial Zoning District building restrictions, the maximum building size for a parcel of this size was determined to be approximately 180,000 square feet. TRIP GENERATION COMPARISON AND POTENTIAL IMPACT To determine the trip generation for the proposed and potential land uses, the Institute of Transportation Engineers (ITE) Trip Generation Handbook, 8th Edition was used. For the Tiburon apartment development the rental apartment code was applied (ITE Code 220). For the potential development scenario, both office and retail land uses were reviewed due to either being developable in the Commercial Zoning District. Based on the trip generation results www.srfcansulting.com t"7n�Carl�oe��Parkway NurtYj�5uit�35t1 j Mir7nNa�olf�,h1N 5;i'T-�i3:13 � ,"�i�,b,�tia.(7!�'1(7 Fax.74i3.4,5.2dZ9 Art[;r�ual C7�r}iorCtarwif,y EnEptc�y�r Joseph S. Hogeboom, City Planner August $, 2012 City of Golden Valley Page 2 presented in Table 1 the two potential commercial developments will generate significantly more trips than the proposed residential use on a daily basis (approximately 2-8 times more) and during the peak hours (approximately 2.5-7.5 times more). Table 1 Trip Generation Estimates ITE Land Use Size Da��Y A.M. Peak P.M. Peak Code Trips In Out In Out ��,i�� .��.,: �..r� �:�. �rr a�i�� 220 Apartments 142 units 944 14 �8 � 57 31 � �i ili� v� �� i �i�l � it', 710 ��General Office Building �180 KSF ��1,982 246 33 � 46� � 223 �� ,i"iYM1k �. .."�`^,�"� ,:1�i.�!I�:R; " ,.�-n�. ; h`�`%�,�.�4 6 n�^':a- .,. .'". , . .. , �..:: . ., .�., . - - � .. g24 Shopping Center 180 KSF 7,729 110 70 329 342 Year 2009 average daily traffic (ADT) volumes along Golden Valley Road were 1,700 vehicles per day (vpd). Based on the Highway Capacity Manual (HCM) and typical planning level estimates, the roadway capacity of a two-lane, undivided urban roadway is 10,000 vpd. Therefore, the roadway should be able to accommodate the additional traffic generated by the proposed apartment complex without significant degradation, Please note that a more detailed traffic operations analysis may be conducted, if deemed necessary by City staff. 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O � O � N � �• � �- � ° � = 3 z a m . � o � � „o-,9oz-�+ Y � _. - - - - - - - - _ m - \ � H � z � � - - - - - - � , \\ w ; I � � T�. � � � g -_ � \ « `' ��9-�50 l \ � ; 0 1 �` � wz � �I I � � �� o� O � � � �' g J 1 � � � � �1� ' , � :� 1 i ',1 � � � , �� Q W 1�� ' wOW 1' �,1 � � z � � � J Q ��i �� 1 1, � � � w9-�9L O m �M � 1 W 1 � W z �P I W O � iI Q � � _� � � - - - — � — — Q - - � !� X � a = � � w � J � _ ', � d O Q o �.h w - o � o CL � w ° � Z � ~ , � a o� � � Y N 3 � ' Q °- � � Q W � ', '��, � = �� a > � '� � t� � r � 1� 1 I � 1 } � J r 1� �� 7 � W 1i i 1 I � i i J � ,�i I i 1 � I � 1� 1�i � Z ' ' W �� ' 0 , � J � I Q � i i i � i i „O=,tiL � i i � i i i i 0 N I I � � � „s-�e G „o-�va ,�s-�s G � � ,�s-,s5 G ' � � I ' � I � ' I �-t \ � - - - - - - N - - - - -�/ � � - _. _ � � _ _ __ _ _ _ _ - _ -_� _ - -_ -_ - _ - � J : . M � �- — W Z Z „o-�z5z � o 0 N � � U Z r N Oo � � � W O Z WW � Q (AW � (4 Q O J W J � 0 (n � J � � � � wm UJUQ Ocn QQQ � JJQ J (o ZW � � m N � } m J } � � � Q � QrQ � JWQ '+� � u, - Wz � z — a � ooa � Yw � w Qz - � > � °°- °°-a � � Uw � w � � � LJ,J w � �nc� QU = � , � o � avom � � i Z � o , � , o � � Q , Q � u� a -' � � c°� �:�t� C�� Planning Department 763-593-8095!763-593-8109(fax) Date: August 6, 2012 To; Planning Commission From: Joe Hogeboom, City Planner Subject: Rezoning 9220 and 9130 Olson Memorial Highway from "Commercial" to "High Density (R-4) Residential" —Tiburon 55, LLC, Applicant Background Tiburon 55, LLC is requesting that the properties at 9220 and 9130 Olson Memorial Highway be rezoned from "Commercial" to "High Density (R-4) Residential" for the purpose of developing a market rate apartment building. This rezaning petition is allowed ta take place concurrently with the General Land Use Plan Map amendment process. More information about the development praposal can be found in the General Land Use Plan Map amendment request materials. Recommended Action Staff recommends that the Planning Commission recommend approval to rezone 9220 and 9130 Olson Memorial Highway from "Commercial" to "High Density (R-4) Residential" Attachments Location Map (1 page) City Code Section 11.24: High Density Residential Zoning District (R-4) (3 pages) Official Zoning Map (1 page) � g °° �x:r.-.�-- � ��,�% ; "� �€E a� �� ;�,,�� l,� 3 � �kP �` �f�`�� f I w` 7i3TH A�l�d+l -� i . r �� f'' ? � �� '�� . 1 � `� .",h-r--°............. `ti��-,,/�_ ,_��L�^_�- .;_ �__�' . .� ._..�. ,� ,mm . ,� ..�� m� ._ �,1 Qth L�v's P!' ' .:W...:� i � € � "� � � � ;� � � � 1; � W 9Ttf AV�Pf � �° �, =.- ` � , � .. . �, � x Y ��.,__. � � . ___.-------� � � � ; � �� , � �" � z � � �. z �� -,. ,� �, ,�____� _..._.__ = r,-�r.� � � � � �! � � � �� ; ;;� z C rxn6t�ePnr,d��'y�^��`�� _____.� �_�- � u� y�' � ��tr,.�v�:�i � � � Subject Properties . A �-=�l ��Q � � �; � } � � , � 3 ?,,1� � _,.._1 �� . -- ? y _ . �a � � .� - `p — - � „'•�_ �o1de�� t#2t# � _ _ � y --~' _ ��. �"� �n . , ,�-- w ,., �lt� ,_,;,,�� -�-"" 1 �� a.a ,. ... �� o� � �-•�' a ,.e��--- �/�ii. /r� ��: ��.�� qytY.�� s ,� � ��_� `»,,` i . ii, N ` �y p .. r <,;;� r��2�* '� 5� t . � ��+Yp�.< w m .. , • ��+q�ta,_ .. '�r-"-"' S , � „ „. { . , � � m- �, . � `' �i = .m Y�1�'a�`�'`-�W ~��~� c ,--,�' � 3 . „� °� .� .... . - -,... � _ .. m . �^^ �_ . t� .. . ��g� �. _. . ... ..... —��: � � � v� �. � ' . ., , ,�:.-. _. ... .. " � . . �a�� '� � . , _..: �� ° ' "..�� .......... ... � "� L . '�" � � I� " y� `�,f `� _ �� ¢ �°� �i cj�,� � "L�laGiy.5E _' r` -.� { `7',�ta � ;� § � ��` � � \ C ' �. ` %' , � ' � ��`p� w � � x, .,s`��' � �� . : � �, � � r . � � �� : ._ � _. � . _ . �. ... �'' .��.� v�€ Ja'a`,',� I E� �, �€ .� f "!, ' Brcaak��t Ga�rr�r�uni�y,l,�rrt+�r�C,�lf C�crurs� � � .� .�n�ra!C�tilts t�atur�Rr rve � � � �� (t1 C'eraera?�fii;r Awad �� '. 4� ' ��--�=''�- � ~'`'`�_. � ... � ---- I � r , y-� � � � �,, � �� ... _�� -_._, _. � � � , r.- m_ _ �, . . s r .. ` �f�— - '�� . e .. ^"�+"� `' ' � � t �'it�{,�;r„� -�...,� �*, . / i I ,"�',��^•.,,_ X�: � � m .� _m �; �, t�i� � � f ''��.`�...,-.� � m� � � �� .y � ="� �� I I � `r- .�a �, � � � �" — � b� ,s � �<'�,f � f f � �.�=:�.m„�-�ras-ca�;�scrscw�c�aas� '� 1 I I "' �... ^�iT� : � 11.24 . S�CtlOt1 11.2q.: High Density Residential Zoning District (R-q.) Subdivision 1. Purpose The purpose of the High Density Residential Zoning District (R-4) is to provide for high density housing (over twelve (12) units per acre) along with directly related and complimentary uses. Subdivision 2. District Established Properties shall be established within the R-4 Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.24, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.24 and which shall become a part hereof and of Section 11.20, Subdivision 2 thereof, as fu11y as if set farth herein. In addition the R-4 Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no athers shall be permitted in the R-4 Zoning District: A. Multiple-family dwellings B. Senior and Physical Risability Housing C. Foster Family Homes D. Essential Services, Class I and II E. No more than one (1) kitchen area shall be permitted in each dwelling unit. Subdivision 4. Accessory Structures The following accessory structures and no others shall be permitted in R-4 Zoning Districts: A. Enclosed parking structures similar in construction and materials to the principal structure 6. Storage structures similar in construction and material to the principal structure, not exceeding five hundred (500) square feet or ten (10) feet in height. No accessory structure shall be erected in the R-4 Zoning District to exceed a height of one (1) story, which is ten (10) fset fram the floor to the top horizontal member of a frame building to which the rafters are fastened, known as the top plate. Golden Valley City Code Page 1 of 3 § 11.24 C. Underground parking structures D. Private indoor and outdoor recreational facilities, including but not limited to swimming pools and tennis courts. Subdivision 5. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approva! by the Council following the standards and procedures set forth in this Chapter: A. Residential facilities serving twenty-five (25) or more persons B. Group Foster Homes Source: Ordinance No. 373, 2nd Series Effective Date: 07-13-07 C. Principal structures in excess of five (5) stories or sixty (60) feet in height. Source: Ordinance No. 444, 2nd Series Effective Date: 08-13-10 D. Retail sales, Class I and II restaurant establishments, and professional offices within principal structures containing twenty (20) or more dwelling units when located upon any minor or major arterial street. Any such sales, establishment or office shall be located only on the ground floor and have direct access to the street. Subdivision 6. Buildable Lots In the R-4 Zoning District a lot of a minimum area of twenty thousand (20,000) square feet shall be required for any principal structure. A minimum lot width of one hundred fifty (150) feet at the front setback line shall be required. Subdivision 7. Corner Visibility All structures in the R-4 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision 8. Easements No structures in the R-4 Zoning District shall be located in dedicated public easements. Subdivision 9. Maximum Coverage by Buildings and Impervious Surfaces Structures, including accessory structures, shall not occupy more than forty five percent (45%) of the lot area. Total impervious surface on any lot shall not exceed sixty percent (60%) of the lot area. Subdivision 10. Principal Structures — Multiple-Family Multiple-Family Dwellings in R-4 Zoning District shall be governed by the following requirements: Galden Valley City Code Page 2 of 3 3 11.24 A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-4 Zoning District. 1. Front Setback. The required minimum front setback shall be twenty- five (25) feet from any front property line along a street right-of-way line. 2. Side and Rear Yard Setback. When directly abutting any R-1 Zoning District, the required side and rear yard setback shall be forty (40) feet, In all other instances, the required side and rear yard setback shall be twenty (20) feet. Subdivision 11. Enclased Parking Structures and other Accessory Uses Enclosed parking structures and accessory uses in the R-4 Zoning District shall be governed by the following requirements: A. Setback requirements. The following structure setbacks shall be required for all enclosed parking structures and other accessary uses in the R-4 Zoning District: 1. Front Setback. The required minimum front setback shall be twenty- five (25) feet from any front property line along a street right-of-way line. 2. Side and Rear Yard Setback. The required minimum side and rear yard setback for enclosed parking structures shall be forty (40) feet when abutting an R-1 Zoning District and twenty (20) feet in all other instances. The required minimum side and rear setback for other accessory uses shall be fifteen (15) feet. B. Location. No enclosed parking structure or accessory use shall be located closer to the front praperty line than the principal structure or within ten (10) feet of the principal structure. Subdivision 12. Parking Space Reduction Applicants providing sidewalks on all street frontages may pursue the following non-enclosed parking space reduction: A. Underground parking. The provision of one (1) stall of underground parking per unit shall result in a ten percent (1Q%) reduction in the number of required non-enclosed parking spaces. B. Public Transit, Scheduled public transit route available within one thousand (1000) feet of the primary entrance accessed by a public sidewalk shall result in a ten percent (10%) reduction in the number of required non-enclosed parking spaces. 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