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10-22-18 PC Minutes 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, Brookins, Johnson, Pockl, and Segelbaum. Also present were Finance Director Sue Virnig, 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 Boone Avenue North – CU-119, Amendment #3 Applicant: Home Health Care, Inc. Address: 800 Boone Avenue North Purpose: To explore possible modifications to the current Conditional Use Permit in regard to social events being held at the facility. Zimmerman reminded 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 Commission to 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 2007 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 violation of Minnesota statutes, and the use of the facility as a banquet/catering hall is in violation of 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 a 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 building cannot be used by entities other than the adult day care, employees of 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/marketing 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 for 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 trees in the Shoreland Overlay area along Bassett Creek in order to clear space for community gardens and a paved area with 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 driveways. 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 on Boone Avenue. No buses may be parked in the angled parking stalls or in the first 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 allowing 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 of the proposed conditions are already required by law and asked if there is a reason to include 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 Conditional 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 other applicable regulations, laws, and ordinances. Blum said he thinks the revised conditions are appropriate and he thinks it is important to point out specific issues in this particular CUP. Baker noted that there has been a misunderstanding by the applicant regarding the uses by the other businesses in the building and asked if that was adequately addressed in the proposed new 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 follow 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 is 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 definitions 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 asked 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 outside 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 Department 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 events 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 scheduled 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 interpretation 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 businesses use the space for. Olshansky said it is used for meetings, therapy, conference room space, and continuing education for social workers, nurses, doctors, etc. Segelbaum 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 events. 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 hearing 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 CUP does not apply to the other businesses who are using the space. He said he is concerned that there has been abuse of the CUP. Segelbaum asked Zimmerman if he believes the proposed amended CUP addresses the after-hours events 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 property 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 alcohol 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 part 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 whether 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 concerned about emergency vehicles getting in and out and he would like to further explore the Fire Department’s concerns about the drive aisle width and the parking of buses on Boone Avenue. Baker added that condition number six deals with the parking and drive aisle width issues. Brookins asked how the kitchen is regulated. Zimmerman stated that Hennepin County regulates kitchens and food. The issue in this case is who the 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 Commercial Zoning District language. MOVED by Segelbaum, seconded by Pockl, and motion carried to table this item for one month and to recommend that an extension of the stay be approved by the City Council. 3. Presentation of Capital Improvement Program 2018-2022 (CIP) – Sue Virnig, City Finance Director Zimmerman explained that the CIP is a five-year fiscal planning instrument used to identify needed capital projects 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 the 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 consistent. He added that it is not the role of the Planning Commission to suggest CIP projects, only to 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. Minutes of the Golden Valley 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 the 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 as called for in the Comp Plan. Sue Virnig, added that next year the City will consider going to a 10-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 that 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 given for the Planning Commission to make their recommendation. Zimmerman reminded the Commission that 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 not the role of the Commission to suggest CIP projects, only to look for consistency between the Comp Plan and the CIP. Johnson asked if the definition of consistent is if there 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 Business  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 a developer 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.  Additional Discussion Johnson asked about the southeast corner of Highway 55 and Winnetka Avenue. Zimmerman said his understanding 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 southeast 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 this 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 lots 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 adjourned at 8:57 pm. �� �i � ,a d tA ' � ..��' � Uv`� Ron Blum, Se retary"�� Lis ittman, Administrative Assistant