Loading...
04-12-17 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Wednesday, April 12, 2017 8 pm 1. Approval of Minutes March 27, 2017, Regular Planning Commission Meeting 2. Informal Public Hearing —Zoning Code Text Amendment— Mobile Food Vending in Residential Zoning Districts —ZO00-112 Applicant: City of Golden Valley Purpose: To consider allowing mobile food vending in Residential Zoning Districts --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 4. Other Business • Council Liaison Report 5. Adjournment ' This document is available in alternate forn�ats upan a 72-hnur request. Please calJ 763-593-800b(TTY:763-593-3968)�a make a request� Exan�ples of alternate forntats may include large prinf,electrflnic,Braill�,audiaeassetfe,etc. Regular Meeting of the Golden Valley Planning Commission March 27, 2017 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, March 27, 2017. Chair Segelbaum called the meeting to order at 7 pm. Those present were Planning Commissioners Blenker, Johnson, Kluchka, Segelbaum, and Waldhauser. Also present were Planning Manager Jason Zimmerm�r�, Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lis�Wittmar�; . Commissioners Baker and Blum were absent. 1. Approval of Minutes February 27, 2017, Regular Planning Commission Mee�ing MOVED by Waldhauser, seconded by Johnson and rnotion carried unanimously to approve the February 27, 2017, minutes as subrnitted. March 13, 2017, Special Planning Commission Meeting MOVED by Blenker, seconded by Johnson and motion carried unanimously to approve the March 13, 2017, minutes as suk�mitted. : 2. Continued Comp Plan Discussion — Land Use Zimmerman stated that this is a �c�ntinuation from the last Planning Commission meeting regarding land use where th� diseussion included the I-394 Corridor Planning District, and the Douglas Drive/Duluth Street Planning District. This meeting will focus on the Downtown West Planning District and the Golden Valley Road Light Rail Station Area. He reminded the Commissioners of some of the themes in the Comp Plan including: supporting a dynamic tawn center, showcasing Golden Valley as a "green" community, emphasizing all aspects af a mutti-modal transportation system, striving to be inclusive with populatit�n and housing, and making important investments in infrastructure. Waldhauser asked if the theme of striving to be inclusive includes economic inclusiveness in terms of a r�nge in housing costs. Zimmerman said yes, and added that it also includes senion c��usint� and racial diversity among other things. Kluchka asked if the theme regarding sustainability will also include the resilience term that has recently started. Zimmerman said yes, there will be a chapter in the Comp Plan regarding sustainability and resilience. Waldhauser said she likes that resilience of the business community is included under the sustainability and resilience umbrella. Zimmerman referred to a map of the proposed Downtown West Planning District and discussed the borders of the district, areas that have potential to change, and properties that are unlikely to redevelop. He stated that he is looking for the Commission's feedback Minutes of the Golden Valley Planning Commission March 27, 2017 Page 2 on the boundaries of the proposed district and what uses they would like to encourage or prohibit. Kluchka referred to the southwest corner of Highway 55 and Winnetka Ave. and suggested that it be added to Downtown West Planning District. He questioned if there is an opportunity for the City, rather than a developer, to develop that underutilized property with some type of public amenity. Zimmerman explained that some federal money went into securing that corner of Brookview Park so there may be some limitations in what can be developed there. Zimmerman continued discussing the proposed Downtown West Planning Distri�t and noted that the properties marked with an X have had fairly significant investments made, they likely won't change, or it is the right kind of use in its location. He highlighted areas that are more likely to change starting with the southeast corner of Hi�hway 5� and Winnetka Ave. He stated that during the last Comp Plan update this area was re- designated to allow higher density residential but when it cam� to rezoning the area, it was ultimately decided to revise the Comp Plan back to Iow density residential. He said there has been some discussion since regarding the best use fc�r this corner and explained that a more dense residential development cou�d make sense in this location but there are some limitations due to some traffic concerns especially with commercial uses or a typical multi-family building. A s�nior use with sorne sort of assisted living could work because the traffic counts would be low enough to �et additional density without putting too much extra strain on that intersectian. Segetbaum asked if staff is looking for feedback,on both land use and zoning. Zimmerman said just land use at this time because the rezoning of properties comes at a later date. Segelbaum asked about the current land use designation of the southeast corner of Highway 55 and Winnetka. Zirrtrnerman said the land use designation is low density and the parcels are zoned Single Family (R-1) Residential. Segelbaum asked if staff is suggesting that the area is appropriate for higher density. Zimmerman said yes, but if the consensus is that#he area should stay low density then it doesn't need to be included in the bt�undary t�f the proposed planning district. Waldhauser asked if the current de�ignation allows both R-1 and R-2 zoned properties. Zimmerman said yes. Zimmerm�n next referred to the area within the Downtown West Planning District that includes Corr�erstc�ne Creek and Hello Apartments and the properties along Golden Valley Road closer fo Highway 169. He said there have been discussions about that area being a mixed use/flexible area where there could be some medium or high density residential-uses mixed in amongst office or neighborhood level commercial uses. He stated that staff feels this is an area where these types of uses makes sense. Zimmerman referred to another area within the Downtown West Planning District that could also be designated for mixed or flexible uses. This area includes the parcels bounded by Wisconsin Avenue North on the west, 10th Avenue on the north, Winnetka Avenue on the east and Bassett Creek on the south. This area could also be a good area for some residential uses because it is close to downtown and walkable. Zimmerman noted that the Wells Fargo and Park Nicollet parcels may also be more likely to change Minutes of the Golden Valley Planning Commission March 27, 2017 Page 3 than some of the other parcels in the area and he would like some feedback regarding uses that might work for these properties. Zimmerman referred to an area along Boone Avenue and Bassett Creek, south of 10tn Avenue that currently consists of Light Industrial and Office uses and said he would like feedback on whether this area should stay as it is or if some other uses should be allowed in the City's Light Industrial and Industrial zoning districts but keeping it a buffer between the heavier industrial uses to the west and the downtown area. The last area Zimmerman discussed is the Post Office site. He stated that staff hasn't heard that the Post Office is leaving, but it is a large site that could potentially be used for Commercial or Office uses. Waldhauser noted that the parcels west of Decatur have not be�n di�cussed. Zimmerman stated that much of the City's Industrial base is in that area and th��staff rn�y recommend some adjustments to the types of uses allowed in that area, but probably not to the land use designations. Segelbaum asked what Downtown West means and if calling the area Downtown West connotes that it is a combination of many different uses or if it means there is a retail use. Zimmerman explained that as development has oceu:Cred along Golden Valley Road with Hello and Cornerstone Creek there has'been the desire to connect the area to the traditional downtown Golden Valley area with sidewalks and other public improvements. Segelbaum asked the Commissianers hc�w they felt about the proposed boundaries for the Downtown West Planning District, Waldhauser said she likes the proposed boundaries and thinks it is a good way to focus on a contiguous area. Blenker said she was surprised to see the r�sidenti�l area south of Highway 55 included but it makes sense to include it in the discu�sion. She referred to the triangular-shaped parcel on the far eastern side of th� district that is a Commercial use and asked why that isn't included within the boundaries of the proposed district. Zimmerman said that is the Schuller's property which is a Cornmercial use in a Residential Zoning District. Waldhauser suggested it be included in the district, Blenker agreed. Zimmerman explained that it is currently considered nc�n-conforming. He stated that it is a difficult parcel and because of its triangular shape it has two front setbacks. He added that if Schuller's were to leave, it would be a resid�ntial property. Kluchka said he wants the boundary to extend to the soutf�west corner of Highway 55 and Winnetka Avenue and he would advocate for high density residential where Schuller's is now located. Segelbaum said it seems that the consensus c�f'the Commission is that the proposed boundaries are fine. Johnson said he is wondering about the impact of high density residential on a neighboring area and how it changes the composition of an area. He also asked about the market demand for Industrial buildings. Zimmerman said the City is seeing more vacancies in the Light Industrial properties and that Industrial properties seem to be more stable. He explained that the Economic Development section of the Comp Plan will focus on these types of issues. Waldhauser said she thinks that surrounding development raises land value. She added that businesses might move elsewhere and ask for their Minutes of the Golden Valley Planning Commission March 27, 2017 Page 4 properties to be rezoned if it becomes more valuable, but as long as businesses think their location is important to them they'll stay. Zimmerman referred to the properties on the southeast corner of Highway 55 and Winnetka Avenue. He reiterated that those properties were guided for Medium Density Residential during the last Comp Plan update. There was some pushback to leave them guided for Low Density so the area was re-designated and rezoned back to Low Density Residential and R-1 Single Family Residentiat. He said he would like to discuss revisiting the option of higher density in this area because the City Council has said they like the idea of making the area more supportive of people who can walk, bike and sht�p in the downtown area. Waldhauser said her recollection is that there was an objection to high�r der�sity senior housing because it is not really walkable to downtown because of th��lifficulty in getting across Highway 55. She said she doesn't know if progress ha.� be�n mad�with making it easier to get across Winnetka Avenue or Highway 55. She added th�t the other objection is the traffic issues with anything higher density than R-2 sv it se�ms that R-2 is as high as the density can go on these properties. Kluchk�' sa�id he doe�n`t�have an issue leaving the properties as they currently are, but there ar�`senior developments that could be viable in this location such as highly assisted,peaple and people with memory care needs who don't necessarily drive or are able to waik to the downtawn shops. Segelbaum asked about the land use designation for that type of u�e. Zimm�rman said it would probably be designated Medium Density with a banus for seniors. Waldhauser said that could create a high rise building over six stories in height and that residential neighbors do not like that. Blenker said she likes that the ar�a is walkable to downtown, it's protected from the other lower density areas, and has amenitiesi Iike the parks nearby. She said it seems reasonable to increase the density on these properties. Kluchka said he would be interested in hearing opini�r�s from seniar housing developers about this area. Zimmerman said the City has talked to some developers, but there has been resistance to sell and rezone the;prc�perties.Waldhauser said it seems that if the goal is to support downtown businesses a seninr development with residents who aren't very mobile might not be the best use. SegeFbaum said it seems the consensus for the land use designation in this area would be Medium-Low Density. Zimmerm�n referred to the area furthest west in the proposed district along Golden Valley Road. He said that a type of flexible zoning might work in this area and would allow neighborhood commercial, office, and R-3 to R-4 housing. Kluchka asked if the purpose in creating a n�w land use concept is to make it easier to change and as good ideas come to the..�ity, they won't have to go through the process of rezoning or re-designating property with every proposal. Zimmerman said yes. Waldhauser said a mixed or flexible use in this area seems to make sense especially with the new higher density projects that are being built. Kluchka agreed and said he likes the opportunity of making a downtown walkable loop with wayfinding signs and a comprehensive walking plan. Johnson said he supports a flexible use in this area and that it could become an interesting adjunct to downtown especially with places to shop and eat. Minutes of the Golden Valley Planning Commission March 27, 2017 Page 5 Zimmerman referred to the area north of Bassett Creek and south of 10th Avenue between Wisconsin and Winnetka Avenues. He said the area currently has some Commercial and Light Industrial uses but it backs up to Bassett Creek so there may some opportunities for housing. Kluchka asked if there is any opportunity for redevelopment in this area. Zimmerman said he has heard that one business might possibly be leaving which could open it up to other opportunities including R-3 or R-4 residential or senior housing because it is close to the library, government center and downtown. Waldhauser asked if single level twin homes would be allowed in R-3. Zimmerman said it is tough to find land for that type of development. Waldhauser questioned if the City could limit the type of housing that is built without disadvantaging the current land owner. Ga�llner stated that townhomes and duplexes are permitted in the R-3 Zoning I�istrict. Segelbaum stated that given its proximity to downtown, he would be in favor changing the lan�l use to Medium or High Density Residential. Blenker asked if it is considered "down zoning" to rezone a property from industrial to Residential. Zimmerman said there would need to be thorough°discussiQns with the City Attorney before rezoning any properties. Kluchka asked Zimmerman if he is including the IUIcKessor�parking lot. Zimmerman said he considered it but it is a small lot that might be difficult to build on. Zimmerman referred to the Park Nicoll�t/Wells Fargo parcels. He said if those properties were to turn over it seems a mix of cc�mmerci�llretail/residential might work. Waldhauser said it would be nice to use the flexible category for these properties especially if the north side of the property were residential. Johnson said he lives in tYtis area and hears comments about the sensitivity of building things where there hasn'f�een anything lauilt before and the loss of sun and openness. He said people drive really fa�t on Golden Valley Road and he would be more in favor of commercial or office so it doesn'#become a tunnel with tall buildings and end up exacerbating the traffic issues, Zimmerman stated that there have been studies done that show as buildings are pushed closer to the street people feel more confined and tend to slow down. Segelbaum asked if staff has a recommendation about the use of these parcels. Zirnmerman said �taff doesn't have a recommendation, but feels that commercial or commercial with residential would be reasonable. Waldhauser said in terms of residential she would not want to see a high rise building, but she would like to see something lower, more in scale with the buildings that are already there. Kluchka said he is interested in seeing these parcels and the Golden Valley Shopping Center classified as flexible use to encourage commercial and industrial combinations. He said the value of having Park Nicollet and Wells Fargo is significant but some interesting developments could be done with a high rise/commercial/residential opportunity that steps down as it gets closer to Golden Valley Road would be appealing and appropriate. Segelbaum said he would like the Golden Valley Shopping Center to remain Commercial. Waldhauser stated that the west end of the shopping center seems like it could allow more flexible uses. Minutes of the Golden Valley Planning Commission March 27, 2017 Page 6 Kluchka asked if there is an opportunity with the flexible land use designation to force a design review process. Zimmerman said yes, a site plan review could be required. Blenker asked what can be influenced in a site plan review. Zimmerman explained that certain qualitative standards have to be met if a site plan review is required. Waldhauser added that specific development guidelines would also have to be met. Johnson agreed that there needs to be some controls in the flexible use category. Zimmerman referred to the Post Office property and noted that the whole block is Commercial. He asked the Commissioners if they would like to keep it des;ignated for Commercial uses. Waldhauser asked if that property is big enough for a senior r�sidence. Zimmerman said it would be big enough. Kluchka said he could see commercial%�ffice use on this site. Zimmerman next referred to the area near Basset Creek along Boone Avenue, south of 10th Avenue. Segelbaum asked if the properties in that area a�e Ligh�t Industrial. Zimmerman said the properties on the east side of Boon� Avertt�e ar� L.i�ht Industrial and the properties on the west side of Boone Avenue are IndustriaL Kluchka asked about development opportunities in this area. Zimmerm�n saTd :i# is hard to say because the Light Industrial property on 7t" Avenue has been very activ� and has obtained several Conditional Use Permits for various uses. Segelb�um asked.:about staff's recommendations for this area. Zimmerman said he thinks the uses allowed in the Light Industrial and Industrial Zoning Districts could be reconsidered. Kluchka said this doesn't seem like the right area to focus on and he vu�ufd like to discuss it again in the future after he sees what the rest of the area laoks like. �egelbaum agreed this area doesn't seem to be a primary priority, but he wou#d be open to allowing Commercial uses if it doesn't disrupt other uses. Waldhauser said she thinks the City should encourage retail in this area. Segelbaum opened the meeting to public comments. Steve Mattix, 1604 St. Craix Circle, said everything he has heard sounds good but right now everything in the Downtown West area is facing Highway 55 and the backsides facing Gol�en Valley Road should be addressed as well. He said the last consideration should be traffic on Gc�lden Valley Road because if you need to get through Golden Valley there is �,freeway: He said one thing he thinks is missing are things made for pedestrians �nd'people don't speed down Main Street in Wayzata because there are people walking around and there are stores right up against the roads. Segelbaum asked Mattix if he is suggesting certain types of uses along either side of Golden Valley. Mattix said that right now the backside of the commercial building looks like the backside of a building so he wonders if something can be done to make it look like the building faces both Golden Valley Road and Highway 55. Seeing and hearing no one else wising the comment, Segelbaum closed the public comment period. Zimmerman said the other area he would like discuss is the proposed Golden Valley Road Light Rail Station Area. He explained that he doesn't want to get too far into the Minutes of the Golden Valley Planning Commission March 27, 2017 Page 7 planning process in this area due to the unknowns regarding funding of the Light Rail project. As the City learns more staff will go into more detail and possibly work with a TOD land use expert. He referred to a map of the area and noted the two station locations. He discussed the boundaries of the area and the locations within the area that seem to be the most likely to be impacted. He explained that the majority of this area is single family homes and staff has heard from several residents that they don't want any change beyond the light rail stations. However, the Metropolitan Council is requiring the City to plan for more intense development in the future. He stated that other than buying individual parcels, the only real opportunity is the St. Margaret Mary Ch���l� property. He stated that the City has had conversations with the church and they da�ribt hav� plans to leave and the City does not want to push them out, but the City has to consider I�ng term plans and this is the most obvious land use change to consider in this area since,if is right across the street from the proposed Golden Valley Road statiQn. He added that there may be opportunities to add some higher density residential along the m�in roads such as Golden Valley Road or Zenith Avenue, or in the south end of the proposed district near the Plymouth AvenuelTheodore Wirth Park station. He a�ded fhat there may also be some opportunity for development of residential properties ear possibly a trail head for Sochacki Park on the Fire Station #3 property depending on the results of the City's current Fire Station Study. Kluchka said he thinks the boundaries of the area are correct as shown. Waldhauser questioned if the area to the northeast af St. Margaret Ma�ry Church should be included because that is an established residential neighbarhood. Zimmerman said it is within a 10 minute walking distance of the Golden Valley Road Station. Segelbaum said it comes down somewhat to short term versus lon� terrn planning and he doesn't have a strong opinion about change happening se�c�n in this area. Waldhauser questioned if property owners on either side of Galden \lalley Road would have different opportunities if their properties were rezoned because it might make values go up. Kluchka suggested removing the area nQrth of Wirth Parkway. The Commission agreed. Blenker asked about�he M�firopolitan Council requirements for this area. Zimmerman stated that they want the City to plan for development potential that would support a light rail station. Blenker said this is a low density area made up mostly of single family homes but when sh€� thir�k� af the number of people that are going to be added to the region it is a failure of imagination fn think these areas can't support the density. She said she thinks the land values wrll go up as soon as it becomes more secure that the light rail will come. She questioned if the City could do a timetable and change the zoning at a certain date so people can plan for change instead of waiting for change to happen which can seem more scary. Zimmerman agreed and said that a plan will be figured out in order to give people some more assurance. Segelbaum opened the meeting to public.comments. Kevin Johnson, 1810 Zephyr Place, said he is wondering what will happen with funding. He said he wonders about the valuation of the properties because if he decides to sell his home there are things he'll have to disclose about zoning, etc. He said he is concerned Minutes of the Golden Valley Planning Commission March 27, 2017 Page 8 about emergency services if development does occur because there is limited access. He added that he is also concerned about oil trains using the tracks. Seeing and hearing no one else wishing to comment, Segelbaum closed the public comment period. Zimmerman explained that state statutes require that once a Comprehensive Plan is adopted and land use changes have been made, the zoning has to be made consistent with the Comp Plan within nine months. He referred to the City's Zoning Map and discussed various parcels throughout the City where there are conflicts 4r discr�epancies. He said he is looking for feedback on whether to change either the zoning or the land use designation on these parcels. The first parcel discussed was the �eneraf Mills property north of Highway 55. He noted that the north half of the properky is zoned Industrial but it is used as a nature area. He said he questions if it should be reflected that way'in the zoning and that he would work with the Finance Department tc� dis�uss any impacts that may have. Waldhauser asked if General Mills owns the nature area prQperty and if they would be involved in discussions regarding the property because she assumes it is valuable land if they ever want to develop it. Zimm�rmart said yes,:,General Mills owns the property but he doesn't know what kind, if any, legal protections are on the land regarding development but he wants it to be clear on the land use map. Zimmerman referred to the nature area south of Highway 55 also owned by General Mills and said it is designated as open space on the land u�e map but is zoned Business and Professional Offices. The next are� disct�ssed was the General Mills campus south of Highway 55 which is designated �Jffice but it is zoned Industrial. He said that property should probably be rezoned t� Business and Professional Offices since there aren't Industrial uses occurring. ' Zimmerman referred to the Tennant properties north of Highway 55 east of Highway 100 and stated that there are several parcels that are zoned differently, however the entire quadrant is guided Industrial on the land use map. Zimmerman stated that Tennant's plan was to expand their corporate headquarters on these properties in the future, but according to recent conversations with Tennant they may be looking elsewhere, so the south half o�this quadrant may be opened up to other developments. Kluchka said he thinks office would be`a good designation for this property. Waldhauser said she thinks it wataJd also work'for Industrial uses. Zimmerman next referred to an area south of Breck school where Ottawa Avenue joins Glenwood'Avenue and stated that Breck is working on a master plan for their campus and have purchased two of the existing residential properties. Breck has said they are interested in trying to acquire other properties which might help re-align the intersection to get the traffic to flow better. Zimmerman suggested reguiding some of these properties toward an Institutional use if they are incorporated into their campus. Zimmerman said lastly, there is a property on the corner of Go�den Valley Road and Lilac Drive (former Montessori school) where there is an inconsistency between the land use and the zoning. The property is guided for Low Density Residential and is zoned Minutes of the Golden Valley Planning Commission March 27, 2017 Page 9 Commercial so he would like the Commission's feedback on what use they think would work on this property. Segelbaum asked if there have been any inquiries about this property. Zimmerman said there have been a few low impact commercial uses suggested. Waldhauser said this property seems like it should be residential or it would be nice to put a park on it. Kluchka said it would be a great site for a yoga studio. Waldhauser noted that it was a hair salon for many years so maybe if the City had a smaller scale commercial district that might work, or a small townhome development might work in this location as well. Blenker said it looks like a single family property to her. Zimmerman said it probably was originally. Zimmerman referred to the land use categories and the zoning district categories and explained that he is suggesting they be amended because they do not align with each other and it will resolve some of the current land use/zoning confficts. The currer�t ' residential land use categories are: Low Density (up to 5 units/acre), Medium-Low Density (5 to 12 units/acre), Medium-High Density (12 to 20 units/acre}, and High Density (over 20 units/acre). Staff is proposing the land use categories be amended as fQllaws: Low Intensity (up to 5 units/acre), Moderate Intensity (5 to 8 unitslacr��, Medium Intensity (8 to 20 units/acre), and High Intensity (over 20 units/acr2) Zimmerman explained that the current residential zoning districts are as follows: R-1 Single Family (up to 5 units/acre), R-2 Moderate Density (up to 8 units/acre), R-3 Medium Density (up to 10 units/acre; 12 with bonus), R-4 High Density (over 12 units/acre). Staff is proposing the zoning districts be amend�d as fol(c�ws: R-1 Single Family (up to 5 units/acre), R-2 Moderate Density;(up ta 8 uni#s/acre), R-3 Medium Density (up to 20 units/acre), and R-4 High Density,(over 20 unitslacre) Segelbaum referred to the properties an Harold Avenue (east of the church) that are currently zoned R-2 and asked if there h�s been any discussion about changing those back to R-1. Zimmerman sai�l no and explained that those properties have been guided for low density which a(lows up to,5 units per acre, but they have been zoned R-2 which allows up to 8 units per acre. He �hinks the best solution would be to re-guide the land use to Moderate Intensity which allows up to 8 units per acre and would be consistent with the R-2 �oning District. Segelbaum said he thinks the public has been accepting that there may be some increase in density from what is there now, but thus far nothing has worked sQ he doesn't know if these properties will ever become more dense. Zimmerman said the City will'probably see some lot splits on these properties which will create smaller, narrower lots with the homes placed toward the front of the lots and keeping the buffer from Highway 55 in the back. Zimmerman stated that the next step will be a Comp Plan Conversation about housing on April 12 and staff will bring a proposed future land use map back to the Planning Commission on April 24. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings Minutes of the Golden Valley Planning Commission March 27, 2017 Page 10 Segelbaum reported on the last City Council meeting where they approved adding a youth member to the boards and commissions. Zimmerman added that the City Council liked the mentorship idea that the Planning Commission discussed. Johnson asked about the committee regarding public art for Central Park West. Goellner stated that they are waiting to get an anchor tenant before the committee moves forward. 4. Other Business � Council Liaison Report No report was given. 5. Adjournment The meeting was adjourned at 9:12 pm. John Kluchka, Secretary Lisa Wittman, Administrative Assistant ���� �� Phy��tca1 I�e�vel+ap►mer�t .Depa�rtxnen� �s�-���-a���s��s�-s��-��c��t�,��� Date: April 12, 2017 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Zoning Code Text Amendment—Allowing Mobile Food Vendors in Residential Zoning Districts Background In 2015, the City Council adopted policy to allow mobile food vendors, or more commonly known as food trucks, to operate in various parts of the city with a permit. Several property owners have inquired with the City about the opportunity to host a mobile food vendor at their residence for a special event such as a graduation party or wedding reception. When mobile food vendors were first allowed in the City in 2015, staff recommended that the City allow time for a trial period before allowing mobile food vendors in Residential Zoning Districts. This trial period allowed staff to assess and resolve any issues with the regulations. Since then, 46 permits have been issued. The City has not received any complaints, so the existing regulations can be utilized as they were originally written. Summary of Proposed Regulations for Mobile Food Vendors in Residential Districts: • Permit is granted on a per-day basis and costs $40/day � A permit can be granted for 1 day at a time; seasonal permits not allowed • Proof of Mobile Food License from the Hennepin County or State of Minnesota required • Liquor License is not included with the permit � • Hours of operation limited to 8 am-10 pm • Activities on the property are subject to existing City noise ordinances • Vendor and property owner responsible for trash removal, clean-up, and any damages generated by operation • Vendor must park in driveway or other impervious surface, must not impede traffic flow or pedestrian walkways, and cannot park on grass or in the street • Vendors may not be located 100 feet (at its closest point) from the entrance or from the outdoor seating area of another food-serving establishment (with the exception of other mobile food vendors that have received a permit) • Vendors may not be located within 1,000 feet of schools while they are in session unless written permission is granted by the school principal • On multi-family residential properties, vendor cannot occupy parking spaces on the parking lot that are needed to meet the minimum parking requirement unless the property owner can demonstrate that the spaces are not needed during the vendor's hours of operation Recommendation Staff recommends amending section 11.04 of the Zoning Code allowing Mobile Food Vendors in Residential Zoning Districts. Attachments Underlined/Overstruck Version of Section 11.04:Temporary Events and Uses (3 pages) § 11.04 Section 11.04: Temporary Uses Subdivision 1. Purpose and Effect The purpose of this Section is to provide conditions under which certain temporary uses may be allowed while ensuring a minimum negative impact to neighboring land uses. Subdivision 2. Authorized Temporary Uses A. The City Manager or his/her designee may issue a permit for a mobile food vending operation, defined as a self-contained vehicle or trailer used to prepare and serve food that is ready movable without disassembling, to operate for a temporary period not to exceed three (3) days in City Parks� one �) day in Residential Zoninq Districts�or one hundred twenty (120) days in all other ��� ���'�'��}'�' Z�oning D�istricts. The permit application shall be on a form promulgated by the City Manager or his/her designee and shall include any information needed to establish compliance with this Subdivision. Any application shall include the application fee amount established by the City Council in the master fee schedule, and such fee shall be not refundable if the permit is denied or the applicant withdraws or otherwise ceases operation or use of the permit. All mobile food vending permit applications and permits shall be subject to the following conditions: 1. With the permit application, the applicant shall provide written proof that the applicant is the current holder of all license(s) required by Hennepin County and the State of Minnesota, as applicable, with respect to a mobile food vending operation in which food is prepared and served on a vehicle or trailer, and the vendor shall maintain such license(s) in good standing for the duration of the permit. 2. The vendor shall comply with all other applicable provisions of the City Code including, but not limited to, those regulations regarding parking, signage, lighting, and sound. 3. A permit is valid for only one (1) mobile food vending vehicle or trailer. 4. The permitted days of operation shall be set forth in the permit. A vendor that has obtained a permit under this Subdivision, upon the expiration thereof, may apply for another permit under this Subdivision. 5. The permit application shall contain a signed statement that the applicant shall hold harmless the City, and their officers and employees, and shall indemnify the City, and their officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. Golden Valley City Code Page 1 of 3 § 11.04 6. If the application seeks to operate a vending operation in a City-owned property and/or on the public right-of-way, the application shall include documentation satisfactory to the City Manager or his/her designee evidencing the applicant's public liability, food products liability, automobile liability, and property damage insurance and that the City is or will be named as an additional insured on such insurance for all the permitted days of operation. Such insurance shall be maintained without change for the duration of the permitted days of operation. 7. The permit shall set forth the location(s) where the vending operation may operate and it shall be a violation of this Section for any vendor to engage in vending operations in any location in the City other than the location(s) set forth in the permit. 8. Overnight parking and storage by the vendor is prohibited at the permitted location(s). The vendor must vacate the permitted location when not engaging in vending operations. Hours of vending operation are limited to 8 am to 10 pm unless otherwise limited or extended by the City Manager or his/her designee, as set forth in the permit. 9. With the permit application, the applicant shall provide written proof permission from the owner(s) of the property(ies) at the permitted location(s) to engage in vending operations at those location(s). If the permitted location is located on City-owned property, the issuance of the permit by the City shall constitute such permission. 10. The vendor must keep a copy of the permit with the vending unit and demonstrate compliance with the permit and the permit conditions set forth in this Subdivision upon inspection. 11. The vending operation may not be located on public right-of-way unless right-of-way will be closed for an event by the City. The vending operation may not block sidewalks or drive aisles, impede pedestrian or vehicular traffic, or interfere with public safety. 12. The vending operation shall be located on an impervious surface unless unique circumstances cause the City Manager or his/her designee to � permit the operation to be located on a pervious surface. 13. No vending operation may occupy accessible parking spaces or parking spaces used to fulfill any property's minimum parking requirements under this Code, unless the applicable property owner can demonstrate that parking would be adequately supplied during the vending operations. 14. The vendor must provide and remove trash and recycling receptacles for customer use and keep the site in a neat and orderly fashion. The permitted location(s) must be kept free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions. The vendor shall be responsible for all litter and garbage left by customers. Golden Valley City Code Page 2 of 3 § 11.04 15. No vending operation may be located within two hundred (200) feet at its closest point to the main entrance of a public eating establishment or any outdoor dining area with the exception of other mobile food vendors and except with the written consent of the proprietor of the establishment or dining area. No person shall either pay or accept payment for such written consent. With the permit application, the applicant shall provide written permission from the proprietor when applicable. 16. No vending operation may be located within one thousand (1,000) feet at its closest point to a school while the school is in session unless written permission from the school principal is provided in the permit application. With the permit application, the applicant shall provide written permission from the principal when applicable. -�:17. Permits issued for vendina operations located on residential properties must limit sales to the applicant and other private parties associated with the event. The vending operation is not intended to serve the general ublic. 3�18. If while holding a permit granted under this Subdivision, a vendor violates any provision of this Subdivision, in addition to any other remedy provided under this Code, the City Manager or his/her designee may revoke the permit and/or prohibit such vendor from obtaining a new permit under this Subdivision for a period not exceeding thirty (30) days from the date of such violation. Source: Ordinance No. 562, 2nd Series Effective Date: 07-30-ZS Source: Ordinance No. 601, 2nd Series Effective Date: 06-07-16 Subdivision 3. Prohibited Temporary Uses A. Temporary Family Health Care Dwellings, as defined in State Statute, are prohibited in all Zoning Districts. Sou�ce: Ordinance No. 610, 2nd Series Effective Date: OS-25-16 Golden Valley City Code Page 3 of 3