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11-13-18 PC Agenda AGENDA Planning Commission Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Tuesday , November 13, 2018 7 pm 1. Approval of Minutes October 22, 2018, Regular Planning Commission Meeting 2. Informal Public Hearing – Lot Consolidation – 1320 Fairlawn Way – Nelson Addition – SU10-10 Applicant: Sathre-Bergquist, Inc. Address: 1320 Fairlawn Way Purpose: To combine two existing parcels of land. 3. Informal Public Hearing – Conditional Use Permit– 1109 Zane Avenue North – CU-163 Applicant: Shapco Printing, Inc. Address: 1109 Zane Avenue North Purpose: To allow for surface lot storage of automobile sales inventory in the . Light Industrial Zoning District 4. Informal Public Hearing – 2040 Comprehensive Plan Update Applicant: City of Golden Valley Purpose: Final review of 2040 Comprehensive Plan Update 5. Discussion – Business and Professional Offices Zoning District --Short Recess-- 6. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 7. Other Business  Council Liaison Report 8. Adjournment Regular Meeting of the Golden Valley Planning Commission October 22, 2018 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, October 22, 2018. Chair Baker called the meeting to order at 7 pm. Those present were Planning Commissioners Angell, Baker, Blum, Broc�kins, Johnson, Pockl, and Segelbaum. Also present were Finance Director Sue Virniga Planning Manager Jason Zimmerman, Associate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman. 1. Approval of Minutes October 8, 2018, Regular Planning Commission Meeting MOVED by Brookins, seconded by Johnson and motion carried unanimously to approve the October 8, 2018, minutes as submitted. 2. Conditional Use Permit Amendment— 800 Boon� Avenue North — CU-119, Amendment#3 Applicant: Home Health Care, Inc. Address: 800 Boone Avenue North Purpose: To explor� possible modifications to the current Conditional Use Permit in regard to social events being held at the facility. Zimmerman rerninded the Planning Commission about the discussion they had regarding this Conditional Use Permit (CUP) at their last meeting. He stated that the City Council voted to revoke this CUP, stay the revocation until November 7, and send it to the Planning Cornmission #o consider amendments to the existing CUP to allow the main use to go forward while addressing the concerns. Zimmerman gave a brief history of the property and stated that the CUP was originally approved in 2�07 with a condition that allowed for"occasional evening social functions."A Zoning Code Text Amendment was proposed in 2009 to allow banquet/catering halls as a permitted use in the Light Industrial Zoning District but the City Council did not support the proposed amendment. In 2011 the CUP was amended to increase the number of clients served at the facility. Zimmerman explained that earlier this year the Police Department alerted staff to complaints about activity at the property including: loud parties taking place in the late night and early morning hours, activity and noise spilling out into the parking lot, alcohol being consumed without a liquor license, and events being advertised on Facebook that were open to the general public. He stated that staff reached out to the property owner to Minutes of the Golden Valley Planning Commission October 22, 2018 Page 2 understand the scope of the events that were taking place. The owner provided a calendar that showed 29 events scheduled between June and December of 2018 with activities that included large numbers of attendees at conventions and parties that were beyond the "cultural and social" events offered for those in the adult day care program. Zimmerman added that staff proposed a set of mutual clarifying statements allowing for occasional social events but the owner declined to agree to the revised conditions so the issue was brought to the City Council to consider revocation of the CUP. Zimmerman noted that the Council findings for revocation included that the number of social events exceeded what would reasonably be considered "occasional," the timing and length of the events exceeded what would reasonably be considered "evening" hours, alcohol was being consumed absent a liquor license in vialafion of Minnesata statutes, and the use of the facility as a banquet/catering hall is in violation ofi the Light Industrial Zoning District regulations. Zimmerman stated that staff has met with the applicant, as well as with the City Attorney and Police Chief. The following conditions are now being recommended for consideration: 1. Regular adult day care operating hours would:be Monday thru Friday, 7 am to 5:30 pm. 2. Limit events not associated with the adult day care to indoor informational/marketing activities only and restrict the frequency to four times �year. 3. The informational/marketing activities must conclude by 10 pm. 4. No alcohol can be consumed or distributed without the proper license or permit. 5. The adult day care space within the �uilding cannot be used by entities other than the adult day care, employees af other'businesses in the building, or the general public. Zimmerman stated that the;applicant would like the Planning Commission to consider the following: 1. Allowing informational/rnarketing activities to be conducted on the weekend. 2. Allowing the other businesses in the building to conduct informational/marketing activities in the adult day care space. 3. Allowing fvr'greater frequency of those activities. Zimmerman stated that there are other issues that have been brought to the attention of staff to follow-up on including: the removal of tree� in the Shoreland Overlay area along Bassett Creek in order to clear space for community gardens and a paved area with 6 benches, the parking along the driveway to the south of the building does not meet Fire Code, and buses parking on Boone Avenue are restricting the sight lines from existing d riveways. Zimmerman stated that staff is recommending approval of the Conditional Use Permit amendment with the following amended conditions: 1. The adult day care shall be limited to the number of clients specified by the Minnesota Department of Human Services. Minutes of the Golden Valley Planning Commission October 22, 2018 Page 3 2. All necessary licenses obtained by the Minnesota Department of Human Services and the Minnesota Department of Health shall be kept current. 3. The hours of normal operation for the adult day care shall be from 7 am to 5:30 pm, Monday thru Friday. 4. The adult day care facilities may be used by the adult day care or other entities in the building for indoor informational/marketing events to promote their businesses up to four times per calendar year and not more than once per quarter. All such events must conclude by 10 pm, Monday thru Thursday, and 5:30 pm, Friday thru Sunday. 5. Except as described in condition 4, the adult day care facilities shall not be used for any evening or weekend events that are not permitted in the Zoning Code. 6. All buses shall be parked in the parking lot and shall not be parked Qn Boone Avenue. No buses may be parked in the angled parking stalls or in the fiirst 21 perpendicular stalls located south of the building along the drive aisle. 7. No alcohol shall be served or distributed without first obtaining the proper license or permit. 8. All outdoor trash and recycling containers shall be screened in a manner acceptable to the Physical Development Department. 9. The applicant shall provide an on-site bicycle rack allQwing parking for a minimum of five bicycles. 10.The requirements found in the memo to Mark Grimes, Director of Planning and Zoning, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011, shall become a part of these requirements. Segelbaum stated that a couple af the proposed conditions are already required by law and asked if there is a reason to ir�clude them. Zimmerman said he thought it was a good idea to be specific considering the issues that have been occurring. Segelbaum suggested adding a catch all provision that states all laws/rules have to be followed. ' Zimmerman stated that C�nditional Use Permits do have a statement on them that says the CUP does not exempt the property owner or occupant from compliance with all provisions of city code, or any ofiher applicable regulations, laws, and ordinances. Blum said he thinks the revised cor�ditions are appropriate and he thinks it is important to point out specific issues in this particular CUP. Baker noted #hat th�re has'been a misunderstanding by the applicant regarding the uses by the ofh�r businesses in the building and asked if that was adequately addressed in the proposed n�w conditions. He stated that he wants to mention that the prohibited uses apply to the other businesses as well. Zimmerman stated that anyone using the facility has to follaw the conditions in the CUP and that the space can't be used as banquet space. Baker referred to the buses parking on the south side of the property and on Boone Avenue and asked how that relates to the City's parking regulations. Zimmerman stated that there is enough space in the parking lot to park the buses in the back. Johnson asked why proposed condition number four specifies "indoor" events as opposed to just events. Zimmerman stated that in the past the applicant has had events and parties that have spilled out into the parking lot so staff i� trying to avoid that from happening. Minutes of the Golden Valley Planning Commission October 22, 2018 Page 4 Johnson asked if there is a definition for "informational/marketing events." Zimmerman said there is not, but it is referring to events such as open houses, and tours, etc. that have to do with marketing the adult daycare. Johnson said that is ambiguous. Johnson asked if outdoor events would be prohibited. Zimmerman stated that under the proposed conditions outdoor events would be prohibited. Baker suggested adding the word "only" before the word "for" in condition number four to be clear that events can "only" occur indoors. Johnson asked if there is a definition for buses because one could argue,that the pictures shown were vans, not buses. Zimmerman said he would look into the de�nitions and classification of vehicles. Segelbaum noted that this CUP is related to adult day care services'and questioned if the Planning Commission is allowed to go as far as prohibiting the outdoor use of the property. He a�ked what would happen if one of the businesses chooses to have an event outdoors. Zimmerman said the CUP is regarding the adult day care use and the regulations should be crafted around that. He added that there are probably going to be events held that fall out�ide of the adult day care use and the conditions in the CUP, but complaints about those events would be handled the same way any other similar complaints would be handled. Angell asked if the Police Departmenf expressed a desire to be notified of events happening at this location. Zimmerman said>they would like notification and that staff can let them know about the informational/marketing evenfis that would be allowed four times per year, but if there is a party occurring they would handle it like any other complaint. Blum referred to condition number seven regarding serving alcohol and asked if that could be worked around with a catering license. Zimmerman stated that staff thought about that but the applicant should not be having banquets so there should be no need for catering. David Olshansky, Applicant, thanked the Planning Commission for helping to clear up issues that were misunderstood. He stated that they have cancelled all of the parties that were schedul�d for the rest of this year and early next year. He referred to the issue of buses parking on Boone Avenue and said buses do park there for drop-offs and pick-ups. He said they are considering adding another entrance to the front of their building to have less disturbance on Boone Avenue and to bring the clients closer to the building entrance. He stated that`in regard to the gardening area he has clients who want to have community gardens and that the clients eat the produce themselves, they do not sell it. He added that in regard to social events he came to the conclusion that it would be appropriate to have informational/marketing events. Pockl asked Olshanksy what his interpretation of indoor informational/marketing events is. Olshansky stated for example they have art and painting classes and they invite people to come to the facility like a gallery which is an informational event. He said they also have special activities on Saturdays like Chinese New Year where they try to involve more Minutes of the Golden Valley Planning Commission October 22, 2018 Page 5 customers. Pockl asked if catering is provided at these types of activities. Olshansky said no, they have their own kitchen. Pockl stated that the applicant's examples are not tailored to only market the adult day care. Olshansky said the adult day care has its own marketing activities three or four times per year that don't go later than 5:30 pm so he thinks the proposed language . stating that events must conclude by 10 pm would be fine. Brookins asked about the use of the current banquet space Monday to Friday. Olshansky said that is used for adult day care. Brookins asked Olshansky if his infierpretation is that the proposed CUP conditions only apply to that space. He also asked if the adult day care space is used outside of normal business hours. Olshansky said other businesses use the adult day care space after 5:30 pm. Segelbaum asked what other business�s use the space for. Olshansky said it is used for meetings, therapy, conference room space, and continuing education for social workers, nurses, doctors, etc. S�gelbaum asked if it is only employees that use the space. Olshansky said yes. Segelbaum asked if some of the events could include a social hour afterwards. Olshansky said they could, but they usually do not. Segelbaum asked if these are catered e�ents. Olshansky said yes usually with pizza, etc. He added that only related businesses'use the space and that they also have scheduled events for employees such as Christmas parties or employee appreciation events. Baker opened the public hearing. Seeing and hearirtg-no one wishing to comment, Baker closed the public hearing. Zimmerman stated that the description of the types of events are different than the conversations he's had with the applicant. He said his understanding was that there would be open house types of events for`new clients, not art gallery events, or catered events with 100 people attending. He said he would like some more clarification. Baker noted that the GUP does not apply to the other businesses who are using the space. He said he is concerned �hatthere has been abuse of'the CUP. Segelbaum a�ked Ztrnrnerman if he believes the proposed amended CUP addresses the after-hours ev�nts they've been discussing. Zimmerman said he now thinks the conditions need to be made clearer. Segelbaum suggested the language focus on the use`'rather than the space. Baker stated that it should define the physical space too. Segelbaum said it still feels like there is a disconnect and questioned if it would be better to let staff do some more work on the CUP language and bring it back to the Planning Commission to review. Johnson suggested language be added stating that the properly is not for use by other facilities. Segelbaum suggested defining "events." Zimmerman agreed. Blum said he noticed a few themes which include: the timing of events late into the night and early morning, the use of alcohal without a permit, noise, and parking/traffic violations. He said he would like to address these things but he doesn't know if the City Minutes of the Golden Valley Planning Commission October 22, 2018 Page 6 needs to be specific about what's going on inside the building. He added that a lot of the complaints they've heard would be mitigated by not allowing outdoor events. Johnson said he doesn't want to put a burden on the other businesses who aren't a pa,rt of this CUP. Baker stated that they are talking about the space; not the businesses. Segelbaum suggested not constraining it but just stating that the space can be used between certain hours because laws will cover the other issues. Johnson said the issue of safety and parking on Boone Avenue should be addressed before anything else. He said the Planning Commission should focus on whefhe� or not this is a safe plan. Baker said the City Council specifically assigned the Planning Commission to consider the amended CUP conditions. Blum stated`that parties occurring outside suggests a safety issue as well. Johnson said he is co,ncerned about ernergency vehicles getting in and out and he would like to further explore th�� Fire Department's concerns about the drive aisle width and the parking of buses an BQone Avenue. Baker added that condition number six deals with the parking and drive aisl� wicfth issues. Brookins asked how the kitchen is regulated. Zimmerman stat�d t�at Hennepin County regulates kitchens and food. The issue in this case is who fhe food'is for and using the building as an event center. Baker stated that it would be good to know the different businesses occurring, who is using the space, and how the space is being used. Brookins said he would also like to see the Cammercial Zoning District language. MOVED by Segelbaum, seconded,by Pockl, and motion carried to table this item for one month and to recommend that an e�ctension of the stay be approved by the City Council. 3. Presentation of Capital Improvernent Program 2018-2022 (CIP) — Sue Virnig, City Finance Director Zimmerman explained that#he CIP is a five-year fiscal planning instrument used to identify needed capital �rajects and to delineate the financing and timing of the associated projects and is,presented to the City Council with the biennial budget. Zimmerman stated that�he CIP is included as a part of the Comprehensive Plan and the Planning Commission's charge is to review major capital improvement plans against the goals and objectives incorporated into the Comprehensive Plan and determine if they are consisfient. He added that it is not the role of the Planning Commission to suggest CIP projects, vnly fo look for Comprehensive Plan consistency of those included in the CIP. Zimmerman highlighted some of the key items in the CIP and discussed how they meet the Comprehensive Plan goals. The first item he discussed was water resources. The CIP stormwater section calls for DeCola Ponds projects that will sustain and improve water quality, reduce stormwater runoff, and minimize the risk of flooding along Bassett Creek, among other things. 0 Minutes of the Golden 1�alley Planning Commission October 22, 2018 Page 7 The next item Zimmerman highlighted was the Water and Sanitary Sewer Utilities section of the CIP. He noted that the CIP calls for a radio meter reading system which addresses the Comp Plan goal of balancing water usage and consumption. The proposed Winnetka Avenue Utility Rehabilitation Project and the Highway 55 Lift Station Relocation addresses the Comp Plan goal of maintaining and rehabilitating infrastructure. The next item Zimmerman highlighted was the Streets section of the CIP. He stated that the ongoing Pavement Management Program addresses the Comp Plan goal of preserving and enhancing the transportation system and the Zane Avenue and Lindsay Street Reconstruction Project improves the functionality and safety of t�r� roadway network. He added that there are also sidewalk, trail, and bike facility upgrades planned that will maximize safety, comfort, and convenience for bicyclists and pedestrians �s called for in the Comp Plan. Sue Virnig, added that next year the City will consider going tp a 'f�-year CIP to correlate with the Comp Plan Update schedule. Johnson questioned if the Comp Plan and CIP do enough to address the replacement of the aging infrastructure and sewer lines in the City. Virnig stated that Golden Valley is ahead of some cities, and behind other cities, She stated th�t the City is considering a 40- year Infrastructure Renewal Program that looks at the base of the streets and the utilities underneath, but there are emergencies that occur that take away from the funding of day- to-day operations and there are some areas that are worse than others that need to be fixed first. Blum said he appreciates the format of the staff report and he feels the appropriate amount of detail was giv�rt fior th� Planning Commission to make their recommendation. Zimmerman reminded th� Commission thaf their charge is to determine if the CIP plans are consistent with the Comprehensive Plan goals. Johnson questioned how the Commission defines "consistent." He asked what they should do if the CIP and Comp Plan are not doing enough, or if more should be done. Baker stated,that it is nof the role of the Commission to suggest CIP projects, only to look for consisten�y between the Comp Plan and the CIP. Johnson asked if the definition of consistent is if�here is justification in the Comp Plan for what the CIP is doing and if that is what the Commission is limited to voting on. Baker said yes. MOVED by Blum, seconded by Brookins and motion carried unanimously to recommend approval of the 2019-2023 Capital Improvement Program as it is consistent with the goals and policies of Golden Valley's Comprehensive Plan. --Short Recess-- 4. 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 October 22, 2018 Page 8 No reports were given. 5. Other �usiness • Discussion —Zoning Overlay Districts Zimmerman noted that he included information on overlay districts in the agenda packet because it is one of the topics the Commission said they would like more information on. He stated that there will be future discussions regarding overlay districts such as how to use one on Douglas Drive. • Council Liaison Report Schmidgall reported on an open house he attended in Minneapolis about bike lanes on Golden Valley Road. He said it was nice to see aerial photos of how those plans tie into what Golden Valley has been doing. Schmidgall stated that he was invited to a meeting with � r�eveloper regarding the northwest corner of Highway 55 and Douglas Drive. He said he would like the City to start thinking about uses, including housing for that site. o Additional Discussion Johnson asked about the southeast corner of Highway 55 and Winnetka Avenue. Zimmerman said his understandirrg of Johnson°s question is that the properties between Harold Avenue and Winnetka Avenue are proposed to be guided for higher density and Johnson would like to know how that was triggered and why the area further west on Highway 55 and Wally Street was`not designated for higher density. Johnson agreed and questioned if residents are being engaged enough. Zimmerman explained that during the last Comp Plan Update higher density was proposed for the svutheast corner of Highway 55 and Winnetka Avenue. When it came to rezoning the properties to match the Comp Plan designation several property owners in the area were concerned about traffic and what that rezoning would mean for their properties. Ultimately the City Council guided the area back to Low Density Residential. Now, during fhis current Comp Plan Update the Council has stated that it may be time to look at guiding this area for higher density given its proximity to downtown. He explained that the Highway 55 and Wally Street area isn't proposed to be reguided for higher density because of the desire to protect that existing neighborhood, the access doesn't work, and the traffic volumes and congestion are issues with the potential BRT line. He added that just because a single family neighborhood is along Highway 55 it doesn't mean that they are all treated the same way. Johnson asked if the Highway 55 and Winnetka Avenue area has been designated for higher density on the draft maps for this Comp Plan Update. Zimmerman said yes. He added that when specific properties are proposed to be rezoned there will be outreach Minutes of the Golden Valley Planning Commission October 22, 2018 Page 9 to each property owner. Johnson stated that the two areas still look very similar to him. Blum agreed and asked if it would be worth considering higher density on the one block of larger Iots that border Highway 55, or to have a transitional or buffer area on the east side of Brookview Condominiums. Zimmerman stated that the public hearing for the Comp Plan will be brought to the Planning Commission in November. 6. Adjournment The meeting was adfourned at 8:57 pm. Ron Blum, Secretary Lisa Wittman, Administrative Assistant �ity ���� �� �� ;�� i'��� � � �`�� � � � 't''',` Plamning epartrnent 763-593-8095/763-593-81(?9{fax) � �. ,.� . �.:: � � ; . ..� ..... ....... .. >.... . � ... __� ,.. .... . .._� , Date: November 13, 2018 To: Golden Valley Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Informal Public Hearing on Preliminary Plan for 1320 Fairlawn Way Lot Consolidation �' ��° �"• '.: „ .�.,�'ti'll'�1�� '�3 _. ............:....�.__....���'� .�..�;i`�µ%:...�..,w.._..xi'.'�i�13a�: '"�� :z' . i:�,�:�,.M.m._. .,.. �•:.....,..:. _ ���.�, . �_�.=.<...... ..�,,._2 µ.. . .....,.�__.... _.,. Summary David Pemberton of Sathre-Bergquist, representing property owner Mitch Nelson, is proposing to consolidate excess right of way with the Nelson's property located at 1320 Fairlawn Way.The excess land was owned by MnDOT for several years for the construction of I-394 and the interchange with Hwy 100.The adjacent frontage road was turned back to the City in 2013 and the excess land was deeded to the City in 2016.The City recently transferred the land to the Nelson's for consolidation. There is one existing single-family home at 1320 Fairlawn Way, which would remain under this proposal. This lot is 12,508 square feet. It is guided for Low Density Residential use in the Comprehensive Plan and zoned Single Family Residential (R-1).The excess right-of-way is 6,177 square feet in size and it is not large enough to be buildable under R-1 Zoning District standards. When MnDOT acquired it for highway development in 1985, this lot was larger and a home was located there. When combined,the total lot size will be 18,685 square feet. Since the minimum lot size in the R-1 Zoning District is 10,000 square feet,the combined lot could not be split later in order to build two new homes.The combined lot would also meet the minimum lot width requirements. The applicant is not planning any improvements to the property at this time. The lot is surrounded by single-family homes, I-394, and Hwy 100. A letter describing the proposed subdivision was sent to property owners within 500 feet. To date, staff has not received any comments or concerns regarding this proposal. The Engineering Division worked with the applicant throughout the course of the land transfer and has reviewed the application, survey, and proposed plat. Engineering has no comments or concerns and recommends approval of the lot consolidation. The Fire Department has reviewed the application and has no comments or concerns. 1 Evaluation According to Section 109-121 of the City Code,the following are the regulations governing approval ° of lot consolidations: 1. A minor subdivision shall be denied if the proposed lots do not meet the minimum area and dimension requirements for the Zoning District in which they are located, or if vehicular access is not provided from an abutting improved street.The proposed lot meets the requirements of the Single Family Residential (R-1) Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable.The City Engineer finds that the combined lot is buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots.The lot consolidation would not place an undue strain on City utility systems. 4. Approval of the minor subdivision shall be conditioned on the granting of certain easements to the City. Easements along all property lines are required and shown on the preliminary plat. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunity to comment and approval may be conditioned on the requirements of the outside agency. Not applicable. 6. The City may ask for a review of title if required by the City Attorney for dedication of certain easements.The City Attorney will determine if such a title review is necessary prior to approval of the Final Plat. 7. The minor subdivision may be subject to park dedication requirements.A park dedication fee is not required for this subdivision since the lots were previously platted. 8. The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will be granted to any application that meets the established conditions.Staff finds all conditions have been met. Recommended Action Staff recommends approval of the proposed lot consolidation subject to the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat. A Certificate of Title or Abstract of Title must be submitted to the City Attorney prior to the approval of Final Plat. 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'5 ,� '� °' E'0 3 'J n. � Y � � F � � o � y� � � 5 x `o .g 3 m o � m c aj a,y O � c �� ',� �o� Z U Y � y�as sb� � m '� � � W z �'' � ci R G A c W a. m f a. � aE tiy� p� '^ � m�°cr°o� �� '�^� Q T Q � a � 'S� Q � V Q 7a 1 T �{� � '� � � � '�r�-' `� � .. hp e � y .�ti n rFn �'� s ¢9 � 'S� �5 f-�° � .. � O G� � � C� F+ I� m PG .. � Rf n � U 0.i o�C _ � c ; d����N3 pEs\G2�p r . cityof `��� olde�t � ,� � � � � � �Ta, e� Planning Department 763-593-8095/763-593-8109(fax) Date: November 13, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Conditional Use Permit (CUP-163)to Allow for Surface Lot Storage of Automobile Sales Inventory Property address: Unassigned (associated with 1109 Zane Avenue North to the west) Applicant: Shapco Printing, Inc. Property owner: Shapco Printing, Inc. Zoning District: Light Industrial Lot size: 175,526 sq. ft. (4 acres) Current use: Parking lot Impervious coverage: 73,902 sq. ft. (42.1%) Future land use: Light Industrial Adjacent uses: East: Single-family residential North, West, South: Light industrial .. 4 t��p . , ..., i . / * . � ..�a� �: p.•+�,�w� ��� ..;air w .��y� .q� ` �r � , � � � �� � �_ .� F � �+•°' � # � � � -� �fi'�U� r •1 . � < • , .:. . ��. � `.,' .. a > . ,P . � ,� 1� �� � �. � � ,, ..,�� ����, � � 4. �, , '�'z x ��"�' . ��� � � �a" i�i��_�`le'�� �, ���� . ', r "ois m 4 l" � � � , �� i . � „. , . t. . �,,,. f� �, � «�. � � ����; � � � ��`� ..�� � . � ixk Y', '' ?� �` ���•.,��"` _� � , 4 _. " _.o'S „ � N ` '1�(� � � � w � �`��`.} , �� �,�• . �° • ` ,.�v � j' �•., a.� ;� � � �� �,���� ��' � ��," � r* Q� � m �,, ""� � p � - ` .� " `F� � '� " ��,��� � ` ° �: � : ,.� �. "�.. �/l,��� �`�•x,t � ���-, .{" .�r �k, � �*� *, �#� �i �„� � s �t .�, �� 1 x � �T� ..t. �� »- * ��'= i �4' ¢�';�� �, � ,` ' t � 4 �� �' � � � -r � �� � � � "� :. � ♦�s: �r � � �'�'4 ��'*s �+ ��,K, . �; i �`i � � . �a' C', 1 + �� -'. E� �� �.. 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'a� a . � � � t � �, ,.,m, ;,, R����.- ���, � � � ,P � �, , � ~;,�' _-*�, � �'' � � � t � '�� 'y`��, < � h� y � a�x , �b�1S � ��.`��,. •. , R Y P���� � , h. �I,::tat� � +� �V� x� .� 't.� � , . . � I A * . �� µ b: ��: �I�+ �" r �` ' �. � : � �!+ ','..�_'. ..\,. � .. 2015 aerial photo (Hennepin County) 1 Summary Shapco Printing, Inc., located at 1109 Zane Avenue North, is requesting a Conditional Use Permit (CUP) in order to store automobile sales inventory on their secondary surface lot across the � street. This lot is owned by Shapco and currently contains a striped parking lot and a stormwater pond. In the recent City Code recodification,the use of Industrial and Light Industrial zoned properties for the storage of automobile sales inventory was added as a conditional use. This lot was previously used to store sales inventory, but those vehicles have since been removed so the lot is currently only used for overFlow employee parking for the primary printing business. Background and Existing Conditions In 1973, a deed restriction was placed on the subject property that did two things:first, it limited use of the property to parking of passenger vehicles to meet the parking needs of the facility at 1109 Zane Ave; and second, it required the property owner to maintain a 60 foot greenbelt along the east property line.Technically,this restriction continues to prohibit any use of the property for storage of auto sale inventory. After review by the City Attorney and discussion among staff,the applicant has been working with the City to take action to have the deed restriction removed. This will free the property to be used for inventory storage, as requested. In addition, conditions in the CUP will ensure sufficient parking is present to serve the main facility to the west and that a vegetated buffer will remain in place to protect the single-family homes to the east from the visual impact of the parking lot. Over time,the subject property has been used for a number of activities, including storage of scrap metal and, most recently, auto sales inventory for Luther Auto. In light of the deed restriction that was shared with the current property owner, and with the completion of a new facility on 10t"Avenue, all of the Luther vehicles were removed and the parking lot on Zane is mostly vacant. There are 226 striped parking stalls on the property, a slight berm on the north end, and a stormwater pond on the south end along Lindsay Street. Numerous trees provide screening for adjacent properties.The 60 foot greenbelt referenced in the deed restriction is in place,though at its narrowest point it measures only 57.7 feet.A marked crosswalk on Zane highlights the pedestrian crossing between the two Shapco properties. Six light poles provide illumination of the lot—three to the east along the greenbelt and three along the north side of the entrance off of Zane Ave. In 2016, staff received complaints about lights shining into the yards of the single-family homes to the east. When contacted about this issue,the property owner discovered tree trimming equipment had dislodged a�xture and once it was replaced the complaints ceased. Proposed Use The current request for a CUP was prompted by interest in the lot by another auto dealership. Morrie's would like to lease the lot for inventory storage and has spoken with City staff about 2 their needs. While the applicant has indicated that the easternmost 170 spaces would be used for storage,they would like this number to be flexible so that the number of spaces could vary depending on demand.The Building Official will require three accessible spaces, along with the appropriate discharge areas and signage,to be striped in the westernmost portion of the lot. No mass deliveries by truck would be made to this location. All vehicles would be driven to or removed from the lot individually as necessary. Neighborhood Notification A mailing was sent by the applicant to property owners within 500 feet of this site on October 29, 2018.To date, staff has three calls from residents asking about details of the the CUP. None were in opposition. Zoning Considerations Parkinq Minimum parking counts for a given property are determined by the parking ratios assigned to each use.The applicant reports the Shapco building is split roughly 50/50 between manufacturing and warehousing. Based on the Zoning Code: Building size—114,858 sq. ft. Manufacturing use (50%)—1 parking space per 500 sq.ft. 57,429 sq.ft./500 sq.ft. = 115 spaces Warehousing use (50%)—1 parking space per 3,000 sq.ft. 57,429 sa.ft./3,000 sq.ft. =19 spaces Total required = 134 spaces Parking at 1109 Zane Ave =63 spaces Proposed number of additional spaces reserved for emplovees east of Zane=55 spaces Total proposed = 118 spaces Parking deficit under proposed scenario = 16 spaces In addition to the information above,the applicant has requested that additional parking spaces in the lot on the subject property be available to be used by Morrie's beyond the 171 initially proposed. Current use of the lot by employees is minimal, and staff would be supportive of allowing a deficit of parking spaces to remain with the understanding that a lease with Morrie's could be renegotiated if parking ever became an issue. However, staff is recommending no more than 200 spaces be reserved for use by Morrie's (which would leave approximately 90 employee spaces between the two lots). Liqhtinq While the existing lighting on the property is currently allowed to continue without modification (should it prove to be nonconforming),the new request for a Conditional Use Permit will require 3 the lighting levels to be in conformance with the Outdoor Lighting section of the City Code. Specifically, illumination may not exceed 0.5 footcandles at the lot line. Screening In order to screen the visual impact of the rows of auto inventory from the views of the single- family homes to the east, staff recommends a vegetated buffer be maintained along the east property line.The width of this buffer should be consistent with the 60 foot buffer that was required in the deed restriction. Noise In order to limit the potential for use of the parking area to disturb the surrounding properties, staff recommends the hours of operation be limited to 7 am to 10 pm, consistent with other restrictions placed on construction, parties, and other activities listed in the City Code. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors (which need not be weighed equally): Factor Finding 1. Demonstrated Need for Proposed Use Standard met.The previous use of the site, as well as staff conversations with local auto dealerships, suggest there is a constant need for additional inventory storage in the city. 2. Consistency with the Comprehensive Plan Standard met.The proposed use is not inconsistent with the Light Industrial designation in the Comprehensive Plan,which includes such uses as packaging and processing, light assembly and manufacturing, offices and showrooms, and warehousing. 3. Effect upon Property Values Standard met. Given the previous use of the site for inventory storage,there is no anticipated impact of the proposed use on property values in the area. 4. Effect on TrafFic Flow and Congestion Standard conditionally met. If delivery and pick-up of vehicles is limited to individual trips on and off the site, and large transport vehicles are prohibited,the proposed use is not anticipated to negatively affect traffic flow and congestion in the area. Zane Avenue has 4 the capacity to accommodate the minor increase in traffic that is likely to occur. 5. Effect of Increases in Population and Standard met. Due to the nature of the Density proposed use (storage),there are no anticipated increases in population or density. 6. Compliance with the City's Mixed-Income Not applicable. Housing Policy 7. Increase in Noise Levels Standard conditionally met. If the hours of operation are restricted to those consistent with other activities listed in the City Code,the proposed use is not anticipated to generate noise levels that would impact surrounding properties. 8. Generation of Odors, Dust, Smoke, Gas,or Standard met.The proposed use is not Vibration anticipated to generate odors, dust, smoke, gas, or vibrations. 9.Any Increase in Pests or Vermin Standard met.The proposed use is not anticipated to attract pests. 10.Visual Appearance Standard conditionally met. Maintenance of the vegetated buffer to the east of the parking lot will ensure that the visual impact of the inventory storage is mitigated to the benefit of the adjacent single-family properties. 11. Other EfFects upon the General Public Standard met.The proposed use is not Health,Safety,and Welfare anticipated to have any other impacts on the surrounding area. The Engineering Division has reviewed the application and has no comments or concerns. Engineering staff supports approval of the CUP subject to the conditions contained in this memorandum. Recommended Action Based on the findings above, staff recommends approval of Conditional Use Permit 163 allowing for surface lot storage of automobile sales inventory at 1109 Zane Avenue North.The approval of the Conditional Use Permit is subject to the following conditions: 1. Storage is authorized for inventory vehicles only and shall not extend to other vehicles or equipment. 2. The maximum number of spaces for permitted for inventory storage shall be limited to 200. 5 3. Vehicle deliveries or loading shall not take place on Zane Avenue or within the parking lot. Inventory vehicles must be delivered or loaded elsewhere and driven to and from the site individually. 4. Hours of operation shall be limited to 7 am to 10 pm, Monday through Saturday. 5. Vegetative screening must be maintained in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes. 6. Site lighting must comply with all requirements of the City Code. 7. This approval is subject to all other state,federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one of more of the above conditions shall be grounds for revocation of the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Location Map (1 page) Applicant statement of findings (1 page) Survey and aerial photograph submitted October 16, 2018 (2 pages) 6 5545 ��- " � 5605 � t 5740 5615 � � 6122 5800 5820 � T 6132 6112 6082 Q 58� 57751325 1324 . 6092 6072 � 5920 �yd 5725 5 .^ v��1e`1 5735 1315 � 1318 6102 � �'°`ae� 58255805 1305 � 1310 1005 5 00 6062 5845 � 2 5905 7255 �; �3� o` 1 6000 . � 6700 � 1240 10 1125 1129 1133 � 1250 1121 1135 1220 1215 8200 'iJerlrg;tjc C.ir 1200 6212 1117 1732 8005 1114 1138 1120 6161 . 1113 Nt0 1119 � 7109 1102 12 1107 Vm 1114 1106 � . BuNding'B v� 1105 A �"' S6�0 5820 5�0 5510 Z ' 1101 Fhcr�ntx 5: 120 Buildin9� . 5705 �� ng A ��{ ���g 5655 5625 5615 5605 5525 5505 ;��. � r . 1100 w+. �� Building D � 5860 58�0 5620 , 5800 112 Bu11WngE LindsaySt 5540 112� SubjeCt Property: S�5 �25 553055205510 5� 1109 Zane Ave N sr�s • ss 'y ssos . t '' - � . _. ... _ 925 �� �. 8i7 ���:a�� �' � '- .. Shapco Printing, Inc. application for Conditional Use Permit 1. Morries dealership needs 170 parking spaces to hold new vehicle inventory and Shapco Printing needs the revenue to help cover the costs of the lot including maintenance and taxes,etc. 2. Parking use of the lot,with only passenger vehicles, no trucks allowed,with existing foliage keeps it within the city plan of"beautification and best use:' 3. The parking lot has been in existence for decades.The parking of vehicles there should have no effect on valuation.The lot is concealed by trees, bushes, etc. 4. No change in traffic.The dealership may visit a few times per day,one vehicle at a time. 5. No change in population density. 6. Regarding noise, no change, activity in the lot is very little, a few per day. 7. Almost no noise etc, as the vehicle activity in the lot is only for a few minutes, a few times per day, none at night. 8. No change in flies, rats, etc.These are brand new locked vehicles. 9. Visual appearance enhanced by beautiful new passenger vehicles. Certainly not worse. Remember,the lot is not visible. It is obscured by tress, bushes,etc. 10. 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L Y c,. �:'....wl ���3F�:� �w�f' E a.w. ���'M, �b,.f� �°� 1� �1.111 e_ �� C 763 593 8095 i 763 593 8109{fax) _ Date: November 13, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Emily Goellner, Associate Planner/Grant Writer Subject: Informal Public Hearing-2040 Comprehensive Plan Summary As required by Minnesota State Statute 473.864, all local governments in the Twin Cities metropolitan area must submit an update of their Comprehensive Plan to the Metropolitan Council every ten years.The Met Council, as guided by State law,then ensures that each Comprehensive Plan adheres to the regional framework and is not in conflict with the metropolitan system plans. Beginning with the release of system statements by the Met Council in the fall of 2015, staff, consultants, Commissioners, and City Council Members have been working with the public and other stakeholders to develop Golden Valley's 2040 Comprehensive Plan. This effort involved a public Kick-off and Open House, several "Comp Plan Conversations" around each of the chapter topics, meetings and discussions with many of the City's Commissions, public testimony and feedback on proposed Goals and Objectives, participation by interested groups utilizing the Comp Plan in a Box tool, cable N stories, newsletter articles, City-wide mailings,tables at civic events, diligent work by City staff, and regular feedback from the City Council. The draft plan was released for public comment on May 15, 2018. Close to 50 individuals,groups, and jurisdictions provided feedback and many responses were incorporated in the final version. The City is now ready to hold public hearings on its 2040 Comprehensive Plan with the Planning Commission and City Council so that it can be delivered to the Metropolitan Council for review and approval prior to the December 31 deadline.This plan may be viewed in its entirety via the City's website at: ht�p:0l�+rw�w.�oldenvail�vmn.�av1�����►sn�fcorr��r�hensiv�pl�nupdate Recommended Action Staff recommends that Golden Valley's 2040 Comprehensive Plan be approved for submission to the Metropolitan Council. 1 �� �C ��R � %� f� � ,,�f� ����{fi'� �,� ,��a�7r� i,,,, ��v..., �.�,� �� �.:_»�� ����� Y E. ������.1 ��e1t�p��n��t I��e����e�� ���-s��-����r���-���-�,��{��� Date: November 13, 2018 To: Golden Valley Planning Commission From: Emily Goellner,Associate Planner/Grant Writer Subject: Zoning Code Text Amendment- Discussion -Amending Business and Professional (BPO� Zoning District _ Background The Business and Professional Offices (BPO) Zoning District regulations have not been updated in several decades. As the Comprehensive Plan and City Code were updated in 2018, stafF saw the opportunity to modernize the District to accommodate tech and healthcare uses, such as clinics and laboratories for research and development. Staff reviewed the Office Districts in St. Louis Park, Plymouth, Edina, Roseville, Bloomington, and Woodbury to inform this discussion. The following recommendations have been prepared for a discussion with Planning Commission. _ __ _ _ Use in BPO District ' Staff Recommendation , ___ _ . i Offices Keep as permitted principal use Essential services, Class I ' Keep as permitted principal and accessory use ,.. _ _.__ _ _ ................ _ ; Adult day care centers Keep as conditional use _ _.. _ _ _ __ _ __.._......... . _. : ' Child care centers Keep as conditional use ;...... _.._... Daytime activity centers or other Keep as conditional use ; facilities providing school and or ! training for disabled people __ � _ _ _ , Financial Institutions, including Move from conditional use to permitted principal use when ' drive-through facilities no drive-through is present; keep as conditional use if drive- through is present _. . _ _ __ ___ _ _.... ' Heliports Keep as conditional use, but add "accessory to a professional ' office building" _. _ .................................._. ......... _ Limited retail services within a Keep as conditional use professional office building __. _........... _...__ __ _ _. _ __............ __ __ _.._ _ ................ _ _ _. ; Recreational facilities such as ball ' Remove examples "such as ball fields, swimming pools, and fields, swimming pools, and playgrounds" and move from conditional use to permitted ' playgrounds accessory use _ . __ _.._. __...... _ ; Other uses which, in the opinion Remove to increase predictability and reduce uncertainty for ' of the City Council, are City and property owners compatible with the uses ; specifically described above ......... . .. . _ _...... ... . _...... . .___ .. _.. _. Permitted and conditional uses in ' Keep as conditional use ' buildings exceeding three stories in height ; Clinics—medical, dental, or Add as permitted principal use ; optical � Laboratories—medical, dental, Add as conditional use ; or research and development __ . .._.. .... _.._. _ ........: Properties Affected There are currently 64 properties zoned for Business and Professional Offices (BPO) in the City. In a brief analysis conducted, staff found that all properties comply with the uses proposed in this memorandum. Several BPO properties are also PUDs (see attached map�.There are 31 additional properties that will be guided for Office use when the 2040 Comprehensive Plan is adopted. District Name and Purpose It may be helpful to simplify the name of this District by renaming it as the Office Zoning District (0). It may also be helpful to modernize and enhance the stated purpose of the District: Current Purpose of District ; _...__. _ ; ' The purpose of the Business and Professional Offices Zoning District is to provide areas , designated for the construction, maintenance, and use of offices for persons engaged in business ; pursuits not involving the sale of or handling of goods,wares, merchandise, or commodities. __........... __. _ _._........ . .... .. _ _ ; ' Proposed Purpose of District _.._. _ _ ... ...... _ _ _._...... ' The purpose of the Office Zoning District is to provide areas for the offices, clinics, day care ' centers, financial institutions, and other compatible uses that serve local and regional needs.The : ' District fosters employment opportunities and encourages appropriate transitions between higher-intensity uses with Iower-density residential uses. The District is not intended to serve as an area for the sale, handling, or production of goods,wares, and merchandise. _..... _ __ _ _ ......: Summary of Recommendations Staff would like to discuss these options and recommendations to amend Section 113-95 of the Zoning Code. A public hearing would be required at a subsequent meeting. Attachments BPO Zoning District Regulations (2 pages) Map of BPO Properties (1 page) >+ >+ c � c � O �' � O ca N N : 'g O a� rn� � . � �„ y �,, � c �= c � � ,.�,:, � = o o c c � � o � �w � � N N ca N � � !1. ■� '� C C J —, N O � � � y�.., y/�+ � � � � c a� � ��� � ..,.,�... 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