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12-10-18 PC Agenda AGENDA Planning Commission Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, December 10, 2018 7 pm 1. Approval of Minutes November 26, 2018, Regular Planning Commission Meeting 2. Informal Public Hearing — Conditional Use Permit— 840 Pennsylvania Avenue South — CU-164 Applicant: Morries 840 Pennsylvania Ave Re, LLC Address: 840 Pennsylvania Avenue South Purpose: To allow off-street parking for employees of the Morrie's dealership located to the east at 7400 Wayzata Boulevard. 3. Informal Public Hearing —Zoning Code Text Amendment— Business and Professional Offices Zoning District Amendments —ZO00-118 Applicant: City of Golden Valley Purpose: To consider ways to update and modernize the uses allowed in the Business and Professional Office Zoning District 4. Discussion Item —Zoning Code Text Amendment— Firearm Sales —ZO00-117 Applicant: City of Golden Valley Purpose: To amend the Commercial Zoning District to regulate the sale of firearms --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 6. Other Business • Council Liaison Report 7. Adjournment ` This document is available in alternate formats upon a 72-hour request.Please call =�� 7b3-593-8006(TTY:763-593-3968)to make a request. Examples tif atternate formats ;; ! may include large print,electronic,Braille„audiocassette,etc. Regular Meeting of the Golden Valley Planning Commission November 26, 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, November 26, 2018. Vice Chair Johnson called the meeting to order at 7 pm. Those present were Planning Commissioners Angell, Baker, Blum, Brookins, Johnson, Pockl, and Segelbaum. Also present were Planning Manager Jason Zirnrnerman, and Associate Planner/Grant Writer Emily Goellner 1. Approval of Minutes November 13, 2018, Regular Planning Commission Meeting MOVED by Brookins, seconded by Segelbaum and motion carried unanimously to approve the November 13, 2018, minutes as submitted. 2. Informal Public Hearing —Zoning Map Amendment-5530 Golden Valley Road —Watermark Senior Living —Z011-18 Applicant: Watermark Senior Living Community of Golden Valley, LLC Address: 5530 Golden Ualley Road . Purpose: To rezone the property from Commercial to Single Family Residential (R-1). ' 3. Informal Public Hearing -Lot Consolidation — 5530-5540 Golden Valley Road and 1530 Welcome Avenue North —SU11-10 Applicant: Watermark Senior Living Community of Golden Valley, LLC Address: 5530-5540 Golden Valley Road and 1530 Welcome Avenue North Purpose: To consolidate three lots into one lot 4. Informal Public Hearing —Conditional Use Permit—5530-5540 Golden Valley Road and 1530 Welcome Avenue North — CU-162 Applicant: Watermark Enhanced Care Suites of Golden Valley Address: 5530-5540 Golden Valley Road and 1530 Welcome Avenue North Purpose: To allow a Residential Facility serving 25 people in the Single Family (R-1) Zoning District Items 2, 3 and 4 were presented and discussed together. Minutes of the Golden Valley Planning Commission November 26, 2018 Page 2 Goellner referred to a location map of the properties and explained the applicant's proposal for a 25-unit residential facility which would offer 24-hour care for assisted living, transitional care, and memory care. Goellner noted that 5530 Golden Valley Road is zoned Commercial and the other two properties are zoned R-1 Single Family Residential. She added that all three properties are currently guided for Low Density Residential on the Comprehensive Plan Land Use Map and that the proposed 2040 Comprehensive Plan also guides the properties Low Density Residential. Goellner referred to a site plan of the proposal and explained that the prvposed fots combined into one would be 39,563 square feet in size. She discussed the proposed building footprint, the parking lot, the driveway out to Lilac Drive, and the setbacks. Goellner reminded the Commissioners that in May 2018 the applicant proposed to rezone these properties to build a similar facility which was recommended for denial by the Planning Commission. She compared the differences befween the previous and current proposals. The previous proposal was to rezone the properties to R-3 with 40 units, 3 floors with the top floor as a full story, and a larger building footprint with smaller setbacks. The current proposal is to rezone the properties to R-1 with 25 units, 3 floors with the top floor as a half story, and a smaller building footprint with larger setbacks. Goellner referred to a chart of the staff analysis regarding how the proposal fits in with the Zoning Code and stated that the proposal meets all of the requirements of the R-1 Single Family Residential Zoning District: Goellner referred to the height of fihe proposed building and explained that the City determines the average grade of a lot based on the grade of the previous structures. She stated that the new building can only increase the average grade by one foot. Based on those calculations the existing average grade is 894.1 and the proposed average grade would be 895.0. Goellner re#erred to a photo of the applicant's Fridley Iocation and discussed the similarities ta the proposed Golden Valley Iocation. The colors of the building would be tan, white, ligh� brown, and pale yellow. They are proposing to use manufactured stone, and LP Smart Side; and there would be no PTAC (air conditioning) units located underneath the windows. Goellner stated that the applicant is proposing several architectural and landscaping features to help the building fit in with its surroundings including: pitched roofs similar to other homes in the neighborhood, articulation and relief in the walls of the building, several windows on all levels and all sides of the building, a variety of exterior building materials, fencing along the perimeter of the site, tree plantings along the perimeter of the site, minimal grading of the site, and a trash enclosure. She added that the applicant has also chosen to locate the parking lot and driveway access on the Lilac Drive side of the property in order to minimize the impact on Welcome Avenue. Minutes of the Golden Valley Planning Commission November 26, 2018 Page 3 Goellner referred to the tree and landscape plan and stated that the applicant is proposing to remove all of the existing trees except for one and they are proposing fencing and tree plantings along the perimeter. She added that staff is recommending that coniferous trees be added along Welcome Avenue to provide year-round screening. She said staff is also proposing that the proposed fence be a decorative fence, and that shrubs/perennials be placed outside of the fence. Goellner referred to the proposed parking and access and stated that the proposed access is one driveway on Lilac Drive. She stated that the applicant is proposing to provide 19 parking stalls (five are required), and three bike parking spaces (four are required). She stated that deliveries should take place on the site, not on the street and should occur only between 8 am and 5 pm and that the applicant should provide ar� overflow parking plan. She stated that there is no parking allowed on Lilac Drive and on most of Golden Valley Road, there is also no overnight parking allowed on Welcome Avenue from November 1 to March 31, and there is no parking allowed after'two inches of snow on any city street. Goellner referred to a chart showing the anticipat�cl weekday and weekend time frames for employees and visitors. She noted that at most there would be 11 to 12 cars on a lot that can hold 19 so the applicant isn't anticipating the lot to be full on an average day. Goellner noted that a neighborhood meeting was held on November 15. She stated that there were 12 attendees and that th�r-e were nurnerous concerns regarding traffic, parking, noise, odors, tree removal, construction, and the height and size of the building. She added that a lighting plan wilt be required with the building permit application and that there have been no comments or caneerns from the Fire Department. Goellner stated that staff is recommending approval of all three proposals subject to the conditions listed in the staff reports. She explained that three of the evaluation criteria used when evaluating a Condifiional Use Permit have specific conditions attached to them. They include ways to mitig�te the effect on traffic flow and congestion by requiring an overFlow park�r�g plan, mitigating the possible increase in noise levels by requiring deliveries be limited to regular business hours, and mitigating the visual impacts by requiring dump�fier:screening, the installation of trees, shrubs and perennials, and the installatio� of a privacy fence. Segelbaum asked if there is a need to add a condition regarding the construction schedule and rules. Goellner stated that the City has construction regulations and that applicants are required to sign a construction management agreement that addresses issues such as the hours construction is allowed, noise, removing debris from the site, etc. Baker asked if these requirements are prescribed by ordinance or if they are negotiated befinreen the builder and the City. Goellner stated that they are all ordinances and that the construction management agreement puts all the regulations in one document. Segelbaum referred to the tree and landscape plan and asked about the mitigation requirements. Goellner explained that the applicant is allowed to remove 30% of the trees Minutes of the Golden Valley Planning Commission November 26, 2018 Page 4 before they are required to add new ones. Baker asked if a condition could be added requiring a specific number of trees to be planted. Goellner said if it could be tied to the impact of the visual appearance then it would be appropriate. Blum asked for clarification regarding where staff is recommending more coniferous trees be planted. Goellner stated that the recommendation is to have more coniferous trees on the west side along Welcome Avenue since that is the side of the property that is most exposed to the single family neighborhood. Blum referred to the site plan and asked if it meets staff s recommendations. Goellner said it does not and that the applicant has been asked to provide an updated tree and landscape plan. Angell asked if the intenfion is to have the trees planted on the exterior of the fence. Goeller said yes and explained that there would be shrubs, then the fence, then the trees, then the building to �elp with visual impact. Baker asked about the purpose of requiring a fence that is only four feet ta11. Goellner said it won't help with screening but it will provide visual appeal and variety. ' Pockl said she understands that if the factors of evalua�ion have been met for a Conditional Use Permit the City is obligated to approve it and asked if that is the same for the lot consolidation request. Goellner said yes. Blum asked if there is a requirement that the zoning of the property and the Land Use Map have to rnatch. Goellner said yes, that is required. Nathan Running, Property Owner, stafetl that he was involved in building their facility in Fridley and that this whole process started for him five years ago when his grandfather was diagnosed with Alzheimer's di�ease and he had to find a place for him to live. He said the places he found were too institutional and he wanted to find a neighborhood community with a home fee!< He said tha# is the concept for this proposed 25-unit facility. He stated that the demand for senior living in Golden Valley is high and that the proposed location fits all of their criteria. Todd Ofsthun, TCO D�sign, stated that the busier/noisier part of the proposed facility would be on the Lilac Drive side of the properly. That is where people, employees, and deliveries would come and go so he doesn't see any reason for traffic to go through the neighborhood streets. He stated that a six foot tall fence and trees are proposed along the north side of the property to try and reduce the visual impact. He stated that the majority of the rooms will face into the neighborhood so they feel like they are part of the community. He stated that they will be replacing all of the trees with trees that are four inches or more in diameter and 12 feet tall or taller. He said they are also proposing to add seven ornamental trees. He noted that there are several other buildings in the area, some are larger and some are smaller than what they are proposing so when he looks at the overall neighborhood what they are proposing will fit in. He referred to the dumpster and said they will be enclosing it and planting shrubs around it. Segelbaum asked about the parking requirements if there is a special event. Ofsthun stated that the property owners have reached out to other property owners in the area regarding overFlow parking. Jennifer Thorson, Director of the Fridley Watermark Facility, Minutes of the Golden Valley Planning Commission November 26, 2018 Page 5 stated that their Fridley Iocation has 28 units and 13 parking spots. The proposed Golden Valley facility will have 25 units and 19 parking spots. She noted that during the peak time in Fridley they have approximately 12 cars. She explained that during special events RSVP'ing is required so that they can properly plan for the parking. Johnson asked the applicant to talk about how they came to the final design of the building and what other options they considered. Ofsthun said they originally considered finro plans. The first plan had the access on Golden Valley Road, but that got a little too close to the neighborhood. He stated that many of the decisions were dictated by the grade and trying to keep the entrance away from the intersection of Golden Valley Road and Lilac Drive. He said the shape and design of the building came from the number of units, the amenities, and trying to keep the height down to fit in with the neighborhood. Segelbaum asked if the building could have more units in the f�rture if needed. Ofsthun said he doesn't see that being an option and that there are no plans c�n expandi`ng. Segelbaum questioned if this proposal might be an increment�l step in getting more units. Ofsthun said the City Code and licensing wouldn't allow it. Baker asked the applicant if they are planning on adding bike parking spaces. Ofsthun said yes. Pockl asked how often emergency vehicles are called to their site in Fridley. Thorson stated that emergency vehicles come to the site approximately three times per month. Blum asked if the sirens and lights are on wh�n the emergency vehicles arrived. Thorson said the sirens are always off. Johnson noted that this is right off Highway 100 where sirens are heard all the time. Baker opened the public hearing, Gary Grenzer, 1525 Welcome Avenue North, showed the Commissioners a drawing he made that illustrates how tall th� proposed building would be compared to the height of the houses nearby. He said he won't be able to see the sky from the inside of his house and that the trees they are proposing will take 20 years to cover the main floor of the building. He said there is no comparison between the trees they are taking out and the trees they are proposing to` put in. He said the building is going to look like a hotel and there is nothing equitable about this proposal. It will not fit in with the neighborhood, and is nothing like the other buildings on Golden Valley Road. Ryan Thomson, 1200 Welcome Avenue North, said he is concerned about the massing effect of the building. He said this proposal is not consistent with the neighborhood or the objectives of the 2040 Comprehensive Plan to preserve and promote single family residences in Golden Valley. He said it is unconscionable that the Planning Commission would undertake the approval of this proposal which inherently deviates from the objectives of the 2040 Comprehensive Plan by destroying detached single family residences. He said approval of this proposal would only prove to Golden Valley residents that the Comprehensive Plan is a political tool to remain in power rather than a strategy to maintain the best of their community. Minutes of the Golden Valley Planning Commission November 26, 2018 Page 6 Mike Nelson, 1310 Welcome Avenue North, submitted a petition signed by 24 people opposing the proposal and read the statement on the petition. He referred to the possibility of expansion and noted that they are expanding their Fridley facility by an additional 18 units. He said it seems like the applicant is trying to hide that fact. He referred to the character of the neighborhood and said he loves his single family home and having a number of mature trees and that he is opposed to the lot consolidation. He said a huge part of the 2040 Comprehensive Plan was having a variety of single family home pricing. Taking out three lots does not fit with the 2040 Comp Plan because the City needs to have affordable single family homes within their neighborhood so that all types of people can move into the neighborhood at a reasonable price. He said another thing the 2040 Comp Plan talks about is the preservation of nature. He noted that the applicant is taking out all of the existing trees except for one and putting in smaller frees th�t take a Iong time to grow and that we can't keep taking down mature trees. He said the proposed building fits within the R-1 requirements, but it completely towers over the neighborhood. He strongly recommended that the Planning Commission not recommend approval. Christine Nelson, 1310 Welcome Avenue North, said this is about the properties not being single family homes. She said this is a property that is for profit and they are not as invested as community owners. She stated that the FTK property behind her house at 1310 Welcome Avenue North has a dumps#�r that is frequently left open and trash blows into her yard. She said she has also seen them use a leaf b1ower to push trash into her yard. She said there is no consequences for the applicant,`but the consequences are to her family when her puppy has a rubber glo�e or glass shard in its mouth. She said she has a question about where the dumpsfer will be placed with this proposal to make sure that it isn't impacting families because there isn't the level of care or concern that a family owner would have. She said this is � �firong community and this proposal is breaking it up. Matt Bartholomew, 1240 Welcome Avenue North, said he is a real estate professional and it is his opinion that this proposed facility will likely have a negative impact particularly on the homes directly acrass the`street. He said the wall and the highway noise are already major issues an�i that atlding another big building is going to be another issue that anyone living in'the area will face if they sell their home. He said there are multiple buildings in the area and he feels like they are getting squeezed in so he would like to see the properties stay single family homes. Pan Wandzel, 122� Welcome Avenue North, said when she moved in the neighborhood was stable but also transitional. She said over the last five years their neighborhood has become tight, they get together frequently, and they watch out for each other. She said she is concerned about this proposal changing the integrity of this neighborhood. She said she is not against senior housing and that she wants to age in place. She said she wants to stay in a neighborhood that is safe and she doesn't want to have to worry about parking or strangers walking down the street during their lunch break. She said she worries about the density and that the building looks like a hotel or a townhome in Plymouth or somewhere where there aren't separate homes that have character and light between the buildings. She said she understands there is a need, but it doesn't belong in their neighborhood and just because it's called a residential facility it's transitional. She Minutes of the Golden Valley Planning Commission November 26, 2018 Page 7 noted that the office building on Welcome Avenue has a covenant that states they will keep up with the landscaping, but they don't because they got what they needed and the residents are the ones who are suffering. She reiterated that she isn't against senior housing; she is for the integrity of the neighborhood. Richard Sheehan, 1533 Xenia Avenue North, asked if it was correct that staff said that if a business can meet the requirements for consolidating Iots that the City must approve the application. Goellner said yes. Sheehan asked if it follows then that if the permit is issued any application to do anything is automatically going to be approved. He said he thinks there is an assumption that this proposal is going to happen and it is just'a matter of working through the nuts and bolts but he thinks there should be discussion about whether the proposed facility should be there at all. He said he has'the same concerns as the previous speakers. He wants to see younger people move in the neighbarhood and these properties could be single family homes. He said he finds it di�tu�bing that the very nice house at 1530 Welcome Avenue is going to be torn dowrt and'questioned why the City should be in the business of tearing down existing perFectly good structures so that something else can be done with it. He said he wants to preserve the residential character of the neighborhood and he wants to see single family hvmes on the two lots on the Welcome Avenue side and not a health care facility. He implored the Commission to think about the character of the neighborhood. Grace Reilly, 1325 Welcome Avenue North, referred to the comment about emergency vehicles not using their sirens when they are going into the site and said there will have to be sirens when they are leaving the site, She said having sirens three times a month is not something any of the Planning Commissioners would want in their neighborhoods and it's not something any of them want in tl�eir neighborhood either. She said she doesn't want to worry about strangers in her neighborhood and that it is nice to know she has a community that supports her and people in the neighborhood that know her. She said she doesn't think that this proposed facility would be good for them because they don't know who will be in the neighborhood; who they can trust, and who they think is safe. She said the Commissian has to thir�k about if they are taking the neighbor out of neighborhoods. Pam Wittucki, 1136 Welcome Circle, said that the applicant mentioned that they don't use lights and sirens at their facility but she knows that if it is an emergency they will use lights and sirens, there will be a lot of lights and sirens and saying there won't be is a stretch. She said that people who have memory issues, and have transitional care and elder care probably aren't driving so they are going to need people to get them places. She said there are already a lot of commercial buildings in the area, she understands that but she doesn't want any more coming in and closer. She said this isn't a good fit for their neighborhood and people are going to park on their street. Marilyn Miller, 1316 Welcome Avenue North, requested that the Planning Commission uphold the Comprehensive Plan. She said the other nursing home in the area fits in because it is only one story and it doesn't overlook the neighbors' backyards. She said if the applicants were concerned about the neighbors they would have kept up the land and not let the grass grow three feet tall so she questions their integrity. She said that they have already asked for an expansion at their Fridley facility so it is a real possibility that Minutes of the Golden Valley Planning Commission November 26, 2018 Page 8 they will ask for that in Golden Valley too. She asked how many of the parking spaces are attributed to deliveries and stated that the grill will produce a smell. Peter Lane, 5630 Golden Valley Road, said they moved to Golden Valley from St. Paul and he grew up in a small suburb in Duluth. He said this feels like home because there isn't a lot of huge commercial buildings and there is a lot of nature, trees, and wildlife. He said he didn't know the names of his neighbors in St. Paul and he knew his neighbors here within a couple of weeks. He said he's worked hard on landscaping and keeping up their house and that no one is besmirching bringing in elder care, but he believes Golden Valley is looking to bring in more young families so these homes really need to be protected. Chris Nelson, 5605 Phoenix Street, said he wants to raise his kids here and �alden Valley is a community and he wants to stay here forever. He said he fhinks they all want to find value in their home and that a transitional home is not good for them or their community. Stephen Trull, 1600 Welcome Avenue North, said he was told tha�the distance from fence along the north to the properly line was 25 feet and that the peak of the roof on the north end of the building would be 35 feet tall. He said to put that in perspective he is six feet tall so 25 feet away from the fence, and up 35 feet wo�tld be six times his height or about 5 houses tall so the pictures shown don't really give fhe scale of the enormity of the proposed building. He said the buildin� is going to block the sun and take away from the small, livable, presentable nature of this neighborhood. He said he knows the house at 1530 Welcome was �old for$50U;p00 sa'he is concerned about the effect of that on his property taxes and that it might price him out of the neighborhood. Millie Segal, 4409 Sunset Ridge,;said she is attempting to age in place in Golden Valley. She said this can happen in any neighborhood and it is upsetting to her to hear that these neighbors' way of life is in jeopardy. She said there are other facilities with vacancies that are very nice and are in appropriate areas and not disrupting neighborhoods. Georgeann Wobschall, 1503 Welcome Avenue North, said she has looked at this property for 40 plus years: She said since the owners of 1530 Welcome Avenue have moved out there have been papers on the property, weeds in the cement, the grass has not been mowed', and the mail is not picked up. She said she is not sure who is respQnsible for the upkeep of this property but as the Planning Commission considers this proposal they should think about what Watermark has done with the property in the last six months. Gary Remick, 1114 Welcome Circle, said he is a dog owner and avid walker and there is no sidewalk on the south side of the street so he has to walk right against the highway wall. He said he is concerned about this facility and how it will affect his dog's enjoyment of the neighborhood. He said a lot of people walk in this neighborhood and he is worried about their safety. Minutes of the Golden Valley Planning Commission November 26, 2018 Page 9 Celeste Reilly, 1325 Welcome Avenue North, said her husband passed away in their home unexpectedly two years ago and there were sirens, ambulances, and police cars. She said her neighbors helped her through that ordeal and every day that she hears an ambulance or a police car brings her back to that day. She said to add more traffic and to take away from the neighborhood and to take away from what should be single family homes like in the 2040 Comprehensive Plan saddens her. She said this is a small little community outside a larger community and her family and friends are grateful she has the neighbors she has. She implored the Planning Commission to keep this area as a single family neighborhood and not approve this proposal. She said eventually this neighborhood will be gone and Golden Valley won't be a residential area anymore, it is going to be industrial and overtake them. Ann Bennion, 1125 Welcome Circle, said they are surrounded on all sides by industry and therefore they are a fragile neighborhood and have had to remain �igilant. She said she thinks rezoning the commercial property to R-1 single family residential wou(d be acceptable, but what is not acceptable is combining the lots. She stated#hat in the R-1 district there are no restrictions on the number of people who can live in a house if they are all related, five people if they are unrelated. So by combining the three lots into one there could be one family so what they are really asking for is a Conditional Use Permit for 20 additional people. She noted that many of the Iots in the neighborhood are actually not that much smaller than the subject properties combined: She said it appears that the only way this building was going to be built was fio shoehom it in this space with a Conditional Use Permit on top of that. She said if the commercial lot is rezoned to R-1 it should not be combined with the other two lots. Peter Coyle, Larkin Hoffman, representing the applicant, said he would like to make a few comments. Baker said he cauldn't let Mr. Coyle respond to the public comments and that the Planning Commission would let the applicant come back up and speak if they have additional questions, Seeing and hearing no on� else wishing to comment, Baker closed the public hearing. Baker referred to the rezoning of the property at 5530 Golden Valley Road and noted that staff is recommending approval of rezoning the property to R-1 Single Family Residential because that is how it is currently designated on the Comprehensive Plan Land Use Map and the two should be consistent with each other. He added that there were a number of people who said that this proposal departs from the Comprehensive Plan but he feels those comments pertain more to the CUP request than the rezoning proposal. The Commissioners agreed. Blum asked if there is a timeline as to when the Comprehensive Plan designation and the Zoning Map designation have to match. Zimmerman said the zoning has to be consistent with the Comp Plan within nine months of a Comp Plan amendment so this really should have been rezoned 10 years ago when the last Comp Plan was adopted. Baker asked if there are a lot of properties that weren't rezoned with the last Comp Plan update. Zimmerman said there are several properties that will need to be rezoned after the 2040 Comp Plan update is adopted. Segelbaum said he has some hesitancy in rezoning this Minutes of the Golden Valley Planning Commission November 26, 2018 Page 10 property because the Planning Commission and the City Council has had discussions about maintaining small commercial properties for things like coffee shops which make neighborhoods more walkable. However R-1 does fit here and the Comp Plan guides it for residential so rezoning it seems appropriate. Baker asked about the history of the uses on this property. Zimmerman said it has been used as a number of things including a gas station/convenience store and a Montessori school. He added that most of the past uses occurred before Highway 100 cut off access and Golden Valley Road went through. Baker said he wishes there were small commercial uses in his neighborhood but that this neighborhood already has spme commercial uses nearby. Johnson stated that the setbacks for this property wouldn't allow for a decent size commercial or office use. Zimmerman agreed. MOVED by Johnson, seconded by Angell and motion carried unanirnously to recommend approval of rezoning the property at 5530 Golden Valley Road from Commercial to Single Family Residential (R-1). Baker referred to the proposed Iot consolidation and re�d the staff s recommended conditions. He reminded the Commission that the City is bound by the nine factors of consideration found in City Code which in this case have be�n met or are not applicable. Pockl asked if the factors are the same for lot cc�nsolidations as they are for minor subdivisions. Zimmerman stated that the Zoning'Code ref�rs to platting which is the redrawing of any property lines and that the;proeess and conditions of consideration are the same. Goellner reviewed the nine factors of consideration and explained how this proposal meets those requirements. MOVED by Brookins seconded by Johnson and motion carried unanimously to recommend approval of th'e propc�sed lot consolidation at 5530 and 5540 Golden Valley Road and 1530 Welcome Avenue North subject to the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$15,180 shall be paid before release of the final plat. 3. The proposed clevelapment is adjacent to State Highway 100 and therefore is subject to the review and comments of the Minnesota Department of Transportation. Baker referred to the Conditional Use Permit (CUP) proposal and asked staff to review the evaluation criteria used when reviewing a CUP application. Goellner listed all of the criteria from the Zoning Code and summarized how the proposal meets, or conditionally meets, each one. She discussed the conditions recommended by staff including the mitigation of traffic flow and impact, the mitigation of increase in noise levels, and the mitigation of the visual appearance. Johnson referred to the mitigation of increase in noise levels and asked how they address the comments made about emergency vehicle siren noise. Segelbaum stated that the issue is if the noise is excessive and if it is able to be mitigated. Baker agreed that the City has to demonstrate that there is no way to mitigate an issue raised under the criteria Minutes of the Golden Valley Planning Commission November 26, 2018 Page 11 used in order to deny a CUP proposal. Goellner said there is a possibility that there would be more emergency vehicles at this proposed 25-unit facility when compared to a 6-unit facility which would be a permitted use. Blum asked what the applicant can do by right. Goellner said they could have a 6-unit residential facility on each lot. Blum stated that they should be comparing the potential noise of emergency vehicles for 18 people versus 25 people. Baker said he thinks there are ways to beef up the conditions staff has recommended, or to add conditions that will help address some of the concerns. Johnson referred to the condition that requires MnDOT's review and said he doesn't remember requiring that with other proposals. Zimmerman stated that sfiaff always sends the plans to the County or the State if a proposal is adjacent to their roads. Pockl referred to comments regarding property values and asked'who determines if there would be an impact on property values and what that decisian is based on. Goellner said the County assessor determines property values and they would need very compelling evidence that property values would be diminished by this propvsal. She added that in many cases new development increases property values rather than diminishing them. Zimmerman agreed and said the assessors didn't see any evidenee of significant impact in this case. Baker said he thinks it would be hard to argue that the residential properly to the north of the proposed building wouldn't be impacted. Goellner said she could follow up with the assessor and get more information. Blum referred to the first criteria of consideration regarding the demonstrated need for the proposed use and noted that staff s findir�g cited a housing study done in 2016 which showed a demand for 80-100 un�ts of assisted living at 100-120 units of inemory care units. He asked how many of units have been filled since that study. Goellner said there have been zero units added. Blum asked about the recently approved facility to be built on Douglas Drive. Goellner said fhat facility is approximately six units of transitional housing and more medical in nature. Zimmerman said there is another building under construction along 1-394 that will have 90 units of assisted living and memory care. Baker said he has to believe that the people proposing the project wouldn't be doing so if there wasn't a need. Blum stated there is also the J-HAP facility and that he thinks there needs to be an accounting for this particular finding. Goellner said the J-HAP facility was accounted for in the housing study and also anything under construction or approved at the time. She added that vacancies were also analyzed and that she could review the report and let the Commissioners know the vacancy rates in 2016 and which buildings were counted.' Segelbaum referred to the proposed height of the building and asked if it is in excess of what is allowed. Zimmerman said no. Baker added that 28 feet of height is allowed and the proposed building would be 24 feet tall. Johnson asked about the lighting plan. Zimmerman explained that the applicant will have to follow the same requirements as any other R-1 property. Segelbaum asked the applicant to discuss the concerns about sirens. Coyle said it would be the same as any other single family residence and that Public Safety staff decides Minutes of the Golden Valley Planning Commission November 26, 2018 Page 12 when they use lights and sirens. He added that neither the applicant nor the Planning Commission is in the position to regulate that so they would defer to what the City decides. Segelbaum asked Coyle if in his experience it is common that sirens are used when approaching or leaving a facility. Coyle said if the situation dictates the use of lights and sirens then they will be used. He stated that the policy of the facility is to call the family first to determine if they want the resident to go to the hospital and that the facility has medical staff on site and if the judgement is that there is not an emergency then lights and sirens wouldn't be used. Thorson added that they have yet to have an emergency happen at their Fridley facility. She reiterated that on average they have had approximately three ambulances come to the site monthly in order to pick up a resident and bring them to the hospital. Rocky DiGiacomo, Partner in the Watermark facility, said he feels strongly that a certain voice is not being represented at this meeting and that is the eld�rly themselves. He referred to the housing study done in 2016 and stated that over the past four'decades Golden Valley's population level has remained relatively flat and is no�expected to change much going forward with one major exception, people aged 65 and older. That demographic is expected to go up by 54% by 202'1. He stated that from planning to reality these types of projects take approximately three years and that the City hasn't done much to address this major demographic change. He said he is hoping to run a profitable facility and also a caring facility that addresses the'issues. He said the elderly can't always advocate for themselves and hopes the people in attendance will take that into account. Baker asked the applicant about the evitlence they have showing that they won't increase the size of this proposed facility like they have done with their Fridley facility. Running, said their application is for 25 units �nt� that is what they are proposing to build. He said in Fridley they went through the same process and the opportunity came up to buy � additional property so they went fhrough the same process again to expand. He said he can't say that they will never want to expand this proposed facility in Golden Valley in the future, but there are no plans to do so. DiGiacomo stated that they have already shrunk the size of the proposed building to have 25 units and that all of the other space in the building not being used for rooms is being used for some other function such as food preparation, staff space, etc. and there is no way the rooms could be used for more than one person. Pockl asked if the current proposed building is the same size as previously proposed just with fewer rooms, or if the building is smaller than the previous proposal. DeGiacomo said the current proposed building is smaller than in their previous proposal. Baker went through each of the factors and findings used when considering CUPs and noted that the first factor is the demonstrated need for the proposed use. Blum reiterated that he wants to know how many units of assisted living and memory care have been added since the housing study was done so that he can clearly understand how the applicant has demonstrated the need for the proposed use. Minutes of the Golden Valley Planning Commission November 26, 2018 Page 13 Baker said the next factor of consideration is consistency with the Comprehensive Plan. He said the Comprehensive Plan does place a priority on a variety of housing types including housing for seniors so in his view this proposal is consistent with the Comprehensive Plan. Segelbaum said he thinks the question posed is if eliminating single family homes is consistent with the Comprehensive Plan. Blum stated that a reasonable person could argue either way that the proposal either adds to the diversity or that maintaining single family homes preserves existing housing so he doesn't think that finding can be used to justify denial of the proposal. He suggested looking at transportation, neighborhood character, greenery/nature, and the impact c�f different juxtaposed zoning uses which are also parts of the Comprehensive Plan, are important to their decision, and address the comments and questions from the public. He stated that the Comprehensive Plan talks about multi-modal transportation and if there is increased traffic from the proposed 25-unit facility it cuts against this factor of the Comprehensive Plan because it has an effect on walkability. Although the streefs can more than handle the trips that are proposed for this particular use and since the entrance is on the edge of the neighborhood it doesn't seem to affect the walkability as much sa he'doesn't think the application can be denied based on this factor. Baker asked if there is a proposal to add sidewalk on the Welcome Avenue side of the site. Goellner stated that the bike and pedestrian task force decided not to add sidewalks to most residential streets unless a road is sch�duled for reconstruction. She said requiring a sidewalk should only be a condition if it is noted in the Comprehensive Plan and it is not in this case. Zimmerman added that t}�er� are sidewalks on Golden Valley Road and on Lilac Drive. He noted thafi there are also no exits from the building on the Welcome Avenue side of the property so that �s another reason not to add a sidewalk along Welcome Avenue. Blum referred to the issue of neighborhood character including height and blockage of the sun. He said it struck him how �ow the lot is and how tall the building might be and how that would interact wifh the landscaping. He said the building won't be covered by any of landscaping at aJl. He added that the applicant didn't add any evergreens to their site plans as staff has suggested, and that nothing has been done to protect the transition of different uses so he doesn't think that is consistent with the Comprehensive Plan. Baker agreed that the use of trees especially along the Welcome Avenue side is uncreative and inadequate and is not screening the large mass from the neighborhood. Segelbaum said that should be addcessed under the tenth factor which is visual appearance. Johnson said he understands what Blum is saying, but there are rules which say that this facility is allowed.,Ne stated that a person could build a monstrous single family home that wouldn't fit in with the neighborhood character either. He said there probably isn't any area where this facility would fit in exactly with the neighborhood. Baker said they have to keep in mind that when they recommend approval of CUPs they do so on the condition of mitigating the ability to address the factors of considerations. Angell said there is a lot of inention of preserving single family homes in the 2040 Comp Plan and that the same language is in the 2030 Comp Plan. Since the 2040 Comp Plan hasn't officially been adopted yet, they should be basing their recommendation on the 2030 Comp Plan. Goellner agreed that preserving single family homes is a big Minutes of the Golden Valley Planning Commission November 26, 2018 Page 14 component of the 2030 Comp Plan. She stated that in the staff report to Council she is going to highlight that these properties are guided for low density residential and that is what this proposal is for. Zimmerman added that the Comp Plan goal is not to preserve single family homes it is to preserve single family neighborhoods which is a little larger in scope than individual homes and individual lots. Blum asked if there is specific language in the 2030 Comp Plan about preserving rambler style homes. Zimmerman said there might be some language regarding ramblers in the property maintenance parts of the Comp Plan but he doesn't remember language regarding preserving ramblers as a housing type. Segelbaum said he thinks the major components of this decision are based on the itemized criteria. He said this is a change in three properties and the question is whether a nursing facility is consistent with the Comprehensive Plan. Blum said there is a lot to be said about the value of greenery and the differences in aesthetics and environmental issues. He said he thinks the green aesthetic is something they want to preserve and to basically take out everything except one tree and replace it with something inadequate is inconsistent with the Comp Plan ar�d;the theme of wanting to keep a green aesthetic. Baker asked the Commissioners if they had any camments about factor number three regarding the effect on property values. Blum s�id he do�sn't think they can accurately say that there is no evidence that property �alues would be either positively or negatively affected so that finding should be reworded': He said testimony is evident and it is worth considering the comments they'�e heard about the property not being well maintained and that those comments ar� material to their decision and should be considered. Pockl agreed. Baker referred to factor number#our which is the effect of traffic flow and congestion and asked the Commission+�rs for their thoughts. He said he believes that the fact that the access is off of Lilac Drive is a great mitigating approach to this factor and there is no reason to believe the neighborhood would be affected by the traffic created by the proposed facility. Segelbaum said if the public were to park on Welcome Avenue that might affect the traffic flow on that street and he doesn't know how to mitigate that, but it will need to be monitored. Baker said he thinks it is mitigated by requiring the applicant to submit an overflow,parking plan. He suggested that the finding regarding the submission of an overFlow.parking plan for special events be amended to read that a plan for overflow parking should be submitted. Segelbaum agreed. Blum said he thinks that is reasonable and asked if residents could apply for permit only parking on Welcome Avenue. Zimmerman said residents are able to apply for permit only parking if they wish. Baker referred to the fifth factor of consideration regarding the effect of increases in population and density. He said he thought he heard the applicant state that the residents of this proposed facility are not going to be walking around the neighborhood so he doesn't see that there would be an effect on the population or density. Segelbaum asked about the density limit in this Iocation. Zimmerman said the Zoning Codes states that the minimum lot size is 10,000 square feet for one unit and that it also allows for 25 people so Minutes of the Golden Valley Planning Commission November 26, 2018 Page 15 there is not an exact comparison befinreen the number of units and the number of people allowed. Baker said there will be 10 staff members and the neighborhood might not like staff walking around the neighborhood but it might be something they would have to get used to. He questioned if a condition could be placed on the approval that the staff would have to stay on the property during their breaks. Blum said he would be against that and he thinks this particular factor of consideration has been met. Baker referred to the sixth factor of consideration which is compliance with the City's Mixed-Income Housing Policy and noted that this proposal is exempt from the policy. Baker referred to seventh factor of consideration which is the increase in noise level and said he thinks the staff's finding stating that deliveries shall only take place between 8 am and 5 pm on weekdays and weekends is a common sense approach. He added that they've already discussed the siren issue so he is satisfied with the finding. Segelbaum said he has a concern about sirens increasing the noise level �nd h� doesn't know for certain what the increase will be but he doesn't think it can be mitigated, Johnson said by right there could be three residential care facilities in this Iocation serving 6 or fewer people each without the need for a CUP. Segelbaum said that is a fair way of looking at it, but it seems this proposal will increase the noise Ievel and it concerns him and it should be analyzed further. Zimmerman noted that the standard isn't that there be no net increase in noise, it is if the increase is reasonable and what'could be done to mitigate it to the extent that the City feels comfortable with apprt�val. Johnson noted that this neighborhood is also right next to Highway 100 so there already is noise in the area. Baker referred to the eighth factor of consideration which is the Generation of Odors, Dust, Smoke, Gas, or Vibratian. Johnson referred to the comment made about the grill and the kitchen. He said the kitchen is on the ground floor facing the parking lot. Baker said they could consider adding a conditit�n stating that the venting be directed away from the neighborhood. Zimmerman said the area is called a grill, but it is not an industrial kitchen and they won't be,�ooking or preparing food any differently than any other single family home in the ar�a. Baker referred to the ninth factor of consideration regarding an increase in pests or vermin. The Commiss�oners had no comments about this factor. Baker referred to the tenth factor of consideration regarding visual appearance. He noted that staff proposed'several conditions regarding the visual appearance but he would like to address the height, the dumpster, the landscaping, and the fencing. He said he would like a condition added requiring that the dumpster be placed in the parking lot and screened in order to address the neighbors' concerns. He reiterated that he would like bigger trees and many more trees added to the landscape plan so there is an immediate effect of screening and a relief to the neighborhood. Zimmerman said he understands, but if too many trees are put in a small area they may get crowded out and die and that slightly smaller trees grow faster and taller than larger trees. He suggested the details of the trees get worked out with the City Forester. The Commissioners agreed. Blum stated that staff s suggestion of year-round visual screening was not taken by the applicant and that the applicant has not met the visual appearance standards. Zimmerman explained Minutes of the Golden Valley Planning Commission November 26, 2018 Page 16 that the applicant was given staff's suggestion at the neighborhood meeting so they didn't ignore staff s advice, they just haven't submitted new landscaping plans yet. Brookins referred to the proposed fence and asked if a six foot tall fence would be allowed around the perimeter of the site. Zimmerman said there can be a six foot tall fence along the north side of the property. He stated that the applicant could apply for a variance to allow for a six foot tall fence along the other property lines, but staff can't require them to do that. Blum stated that the Planning Commission has looked at structures like this in the past and he thinks that the proposed articulation, the windows, the varying peak heights, and the varying colors are important and positive aspects of this proposal. Baker agreed. Pockl said she doesn't think the visual appearance factor is satisfied. She said she thinks the building looks like a nice residential structure but the monstrosity of it doesn't fit within the character of the neighborhood and impacts the visual appearance as if sits within the neighborhood. She said her opinion is that the factor can't be satisfied if it doesn't look like the rest of the neighborhood character which is rambler style residential homes. Blum agreed that the massing. is an issue. Segelbaum'noted that by right they are able to build this size of building. Zimmerman agreed and reiterated that the proposal meets all of the setback and height requirements and that the Zonin� Code allows this type of structure. Pockl stated that if a factor of consideration is that it has to be designed to complement the character of the surrounding neighborhood then she doesn't think the proposal meets that factor. If the building only has to meet the R-1 Zoning requirements then she thinks it would satisfy the visual appearance factar. Blum said he thinks the building can technically meet the R-1 Zoning requirements, but that doesn't mean it meets the character of the neighborhood factor as proposed. Zimmerman noted that the Code language specifically stafes the finding as "visual appearance of any proposed structure � or use" so there is nothing tying'it to neighborhood character and the Planning Commission and City Council evaluates proposals through that lens. � Blum compared this proposal ta'a proposal by the same applicant on Douglas Drive. He stated that the Doug'Jas Drive property is narrow and that from the front the structure looks very similar to`other single family homes in the area, whereas the visual appearance of this proposal is substantially larger than any single family structure in the area on at least two sides of the property. Baker questioned if the applicant could come back with a proposal for the same number of units in two smaller buildings rather than one massive building. Brookins said this proposal is a better representation of the character of the neighborhaod versus some type of row housing. He said everyone has different preferences on design and they should be looking at ways to provide conditions to help mitigate the visual impact without redesigned the building. Segelbaum asked if there is consensus about the proposed conditions. Baker said he would like condition number five regarding landscaping to be more effective at screening the building from the neighborhood. Zimmerman suggested adding language stating that the applicant should work with the City Forester to come up with the best landscaping Minutes of the Golden Valley Planning Commission November 26, 2018 Page 17 plan. Baker suggested adding a sentence stating that the goal of the condition is to provide immediate and long term screening from the neighborhood to the west. Johnson stated that a condition should be added about putting the dumpster location on the plans. Segelbaum questioned how to the address the concern about trash blowing around. Zimmerman said that would be a property maintenance issue. Baker said he would like to recommend that the applicant apply for a variance to allow for a six foot tall fence to be placed along the perimeter of the property and that venting of kitchen odors be done in such a way to minimize impacts to the neighbor�ood to.the west and north. MOVED by Baker seconded by Johnson and motion carried 4 to 2 to 9 to recommend approval of Conditional Use Permit 162 allowing for a Residential Facility serving up to 25 persons at 5530 and 5540 Golden Valley Road and 1530 Welcome Avenu� North, subject to the findings discussed and conditions as follows. Commissi�ners Blum and Pockl voted no. Commissioner Segelbaum abstained. Conditions 1. The Residential Facility may serve up to 25 persons and must maintain appropriate licensure from the State of Minnesota, ' 2. All vehicle deliveries shall take place on-site and sh�ll not take place on the street. Scheduled deliveries to the property must occur between 8 am and 5 pm on weekdays and weekends. 3. An overFlow parking plan must be submitted and reviewed by the City prior to the issuance of a building permit. 4. The exterior dumpster shall``be pl�ced in the parking lot and screened with an enclosure constructed of material compatible with the building. 5. In order to mitigate visual impacts to adjacent single-family homes, installation of coniferous trees beiween the proposed building and Welcome Avenue is required. The goal of this condition is ta provide immediate and long term screening for the neighborhood to the`west and north. 6. In order to mitigate visual impacts to adjacent single-family homes, installation of shrub and perennial plantings between the proposed fence and the adjacent streets (Welcome Avenue and Golden Valley Road) is required. 7. In order to mitigate visual impacts to adjacent single-family homes, installation of a decorative fence along the perimeter of the property is required. This approval is _ subject to all other state, federal, and Iocal ordinances, regulations, or laws with authority over this development. 5. Informal Public Hearing — Minor Subdivision —4400 Sunset Ridge— SU09-15 Applicant: STR8 Modern Properties, LLC Address: 4400 Sunset Ridge Minutes of the Golden Valley Planning Commission November 26, 2018 Page 18 Purpose: To reconfigure the existing single family residential lots into two new single family residential lots Zimmerman referred to Iocation map and aerial photo of the property and explained the applicant's proposal to subdivide one existing single family residential Iot into two lots. He stated that the existing lot is 38,384 square feet in size. Proposed lot one to the west would be 16,112 square feet in size, 97.3 feet wide and the front setback, and 80 feet wide 70 feet into the Iot. Proposed lot two to the east would be 22,272 square feet in size, 110.4 feet wide at the front setback, and 126.8 feet wide 70 feet into the-1ot. He added that all dimensional requirements have been met. Zimmerman referred to a survey of the property and showed how the new property line would be drawn dividing the lot into two and the proposed building envelope on each lot. Zimmerman stated that the property is in compliance with the City's inflow �'nd infiltration requirements, a tree survey has been completed, a park dedication fee ofi$10,800 is due prior to release of the final plat, and a slope stability analysis has been requested by the City Engineer. He added that individual plans and permits would b� reviewed and issued at the time of construction. Zimmerman reviewed the nine conditions for appraval or denial and stated that staff is recommending approval of the proposed subdi�ision subject to conditions listed in the staff report in addition to the review of the slope stability analysis. Baker asked if the property could be subdivided whether it is buildable or not. Zimmerman said no, if the property is not buildable�due to steep slopes or excessive wetness the property would not be able#o be subdivided because the City does not want to create lots that are not buildable. Tony Videen, Applicant, said the intent in purchasing the property was to renovate the house but he did not feel it was a property he could save because of the value and what it would cost to renovate it. He stated that more than likely the slope stability analysis will show that the lot will be buildable it is just to what degree and expense. He said he agreed with staff that he doesn't want to split the property if it is not buildable. Baker opened the public hearing. Brian Beutner, 810 Wesfinrood Drive, asked if any drainage studies have been done showing what will happen to the neighboring properties if this property is subdivided. He said it seems premature to make a recommendation about subdividing this property until the consequences are known. Seeing and hearing no one else wishing to comment, Baker closed the public hearing Zimmerman stated that the Engineering staff will review the grading and stormwater runoff issues. He said typically as much water as possible is captured and focused toward the street and into the stormwater sewer system. He added that there are also rules about Minutes of the Golden Valley Planning Commission November 26, 2018 Page 19 not increasing the amount of runoff onto neighboring properties, or directing runoff where it didn't go before. Segelbaum said the proposal seems to meet the criteria used when reviewing subdivisions. Pockl asked if there is a way to condition the subdivision to ensure that any drainage issues are addressed or resolved. Zimmerman stated that the stormwater management permits issued at the time of construction would address the issues. He added that it is hard to determine the issues at this stage without house plans and that this pr��ess is about splitting the land versus construction so it is unusual to place that type of candition on the subdivision. MOVED by Segelbaum seconded by Pockl and motion carried urtanimously to recommend approval of the minor subdivision at 4400 Sunset Ridge subject to the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the final plat. 2. A park dedication fee of$10,800 shall be paitl before release of the final plat. 3. A slope stability analysis of Lot 2 shall be submitted for review by the City Engineer. 4. Continued Informal Public Hearing — Conditional Use Permit Amendment—800 Boone Avenue North — CU-119, Amendmenf#3 Applicant: Home Health Care, fnc. 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 Commissioners that this is a continued item regarding social events being held at'800 600ne Avenue North. He explained that there is a condition in the applicant's Conditional Use Permit that allows for occasional evening social functions and that over the past year there have been issues with parties and noise. He stated that based on complaints the City Council revoked the Conditional Use Permit and then stayed that revocation and referred the matter to the Planning Commission to revi�w the issues and try to work out a solution to allow the adult daycare to continue while addressing the other issues. He stated that on October 8, the Planning Commission decided to hold a public hearing and consider amendments to the Conditional Use Permit. A public hearing was held on October 22 and was continued to this meeting. This item is now scheduled for City Council action on December 18 to either amend the Conditional Use Permit or to finalize the revocation. Zimmerman stated that at the October 22 Planning Commission meeting the Commission considered allowing limited informational/marketing events to be held in the evenings and Minutes of the Golden Valley Planning Commission November 26, 2018 Page 20 on weekends. However, it was hard to get agreement on what that meant and how it would be enforced. He stated that after speaking with the applicant and the City Attorney, staff is now recommending that no adult day care activities be allowed after 5:30 pm and that any other activities that happen at the site will have to follow all the rules in Ci4jr Code like any business in Golden Valley would. He noted that the Conditional Use Permit would remain in effect and any violations could cause revocation in the future. He discussed some of the other issuesJconcerns related to this site including: the removal of trees in the Shoreland Overlay area along Bassett Creek in order to cl�ar spac�for community gardens and a paved area with benches, Fire Code issues in regard to parking along the driveway to the south of the building, and buses parking on Boone Avenue which may restrict the sight lines from the existing driveways. He stated tl�at staff is continuing to work with the applicant regarding these issues, ` He stated that staff is recommending approval of this proposed Conditional Use Permit Amendment with some amended conditions. Brookins referred to proposed condituon number five regarding parking the buses in the parking lof and asked if loading and unloading would still occur in front of the building. Zimrnerman said the condition was written specifically to address the concern of the buses being parked on the street for Iong periods of time and not the loading and unloading;of their clients but that could also be added as a condition of approval if the Planning Commission wants that to be considered. Johnson asked if staff reviewed the definitivn of a'bus. Zimmerman said he did look into it but feels that in this case a reasonable perst�n would agree that is what is being parked on the street. Segelbaum said he would call the applicant's vehicles vans or pass�nger vans. Zimmerman said the language can be amended to encompass buses, mini-f�uses, vans, etc. Brookins asked if there is any reason the loading and unloading can't occur in the parking lot. Randall Strand, Applicant's Attorney, stated that many of the clients are in wheelchairs and because of the condition of the parking lot it is somewhat more dangerous to take them over the rougher terrain rather than using the sidewalk in �Front of the building, Baker opened`#he public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Blum said he appreciates the simplification of the conditions and supports this pro�osal. Brookins said he would like to see loading and unloading occur on the site itself and not in the public right-of-way because of sight line and safety issues. Zimmerman added that sometimes buses park on the west side of Boone Avenue and that people have to go across the street to get to the site. Brookins suggested that condition number five be amended to state that all buses shall be loaded, unloaded, and parked in the parkung lot. MOVED by Blum seconded by Segelbaum and motion carried unanimously to recommend approval of Conditional Use Permit#119, Amendment#3 subject to the following findings and conditions: Minutes of the Golden Valley Planning Commission November 26, 2018 Page 21 Findin s 1. Demonstrated Need for Proposed Use: Standard met. DRAM Properties has demonstrated that there is a need for adult day care by successfully operating two facilities in Golden Valley. 2. Consistency with the Comprehensive Plan: Standard met. The Future Land Use Map guides the site for long-term light industrial use. Adult day care centers, through a conditional use permit, are consistent with that land use designation. 3. Effect upon Property Values: Standard met. The approval of the amended permit will not negatively impact property values in the area. 4. Effect on Traffic Flow and Congestion: Standard conditionally met. Clients utilizing the daycare generally arrive via van or bus, reducing the number af individual,trips made to and from the facility. However, the current parking lo�ations fivr the vans and buses on Boone Avenue and in the entrance drive pose problems to public safety and will need to be relocated. 5. Effect of Increases in Population and Density: Standard met. The use doe� not significantly increase the general population of the area, though the adult day care business does temporarily impact the daytime population. 6. Compliance with the City's Mixed-Income Housing Policy. Not applicable. 7. Increase in Noise Levels: Standard conditionally met. Minimum noise is gen�erated by the vans and buses transporting clients. Past complaints of noise generated by large events and evening and nighttirne use of the property will be mitigated by the conditions of the amended permit. 8. Generation of Odors, Dust, Smoke, Gas, or 1/ibration: Standard met. No s�uch problems are expected. 9. Any Increase in Pests or Vermin: Standard met. No such problems are expected. 10. Visual Appearance: Standard m�t.`The exterior of the building will not be affected by the amended permit. 11. Other Effects upon the General Public Health, Safety, and Welfare: Standlard conditionally met. lmpacts to the City and its residents, in the form of complaints and repeated police calls to the property, are anticipated to be reduced under the amended permit. Conditions 1. The adult day care shall be limited to the number of clients specified by the Minnesota Llepartment of Human Services. 2. All necessary (icenses obtained by the Minnesota Department of Human Services and the M'innesota 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 shall not be used for any activities that are not pe�mitted in the Zoning Code. 5. All vans and buses shall be loaded, unloaded, and parked in the parking lot and shall not be loaded, unloaded, or parked on Boone Avenue. No vans or buses may be parked in the angled parking stalls or in the first 21 perpendicular stalls locate�d south of the building along the drive aisle. 6. No alcohol shall be served or distributed on-site without first obtaining the pro�er license or permit. Minutes of the Golden Valley Planning Commission November 26, 2018 Page 22 7. All outdoor trash and recycling containers shall be screened in a manner acc�ptable to the Physical Development Department. 8. The applicant shall provide an on-site bicycle rack allowing parking for a minirmum of five bicycles. 9. The requirements found in the memo to Mark Grimes, Director of Planning arnd Zoning, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011, sh�ll become a part of these requirements. 10. This approval is subject to all other state, federal, and Iocal ordinances, regulations, or laws with authority over this development. 7. Informal Public Hearing —Zoning Code Text Amendment- Bu�iness an�d Professional Offices Zoning District Amendments —Z000-118 Applicant: City of Golden Valley Purpose: To consider ways to update and moderniz� the uses allowed in the Business and Professional Office Zorring Dis#rict This item was tabled to the December 10, 2018, Planning +�ommission meeting. --Short Recess-- 8. Reports on Meetings of the Housing and Redevelopment Authority, City► Council, Board of Zoning Appeals and other Meetings No meetings were discussed: 9. Other Business • Council Liaison Report No report was giuen. 10. Adjournment The meeting was adjourned at 11:38 pm. Ron Blum, Secretary Lisa Wittman, Administrative Assistant M city of w� olden $� v�. E,.'� Planning Department 763-593-8095/763-593-8109(fax) Date: December 10, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Conditional Use Permit (CUP-164)to Allow for Off-�street Parking for an Adjacent Commercial Use Property address: 840 Pennsylvania Avenue South Applicant: Morries 840 Pennsylvania Ave Re, LLC Property owner: same as applicant Zoning District: I-394 Mixed Use Lot size: 39,698 sq. ft. (0.91 acres) Current use: Vacant industrial building Proposed use: Surface parking Future land use: Mixed use Impervious coverage: 36,590 sq. ft. (92.2%) Adjacent uses: Industrial uses (north, west, south); industrial and commercial uses (east) � � � e-, k� � - ��, , �.,�p _�_ � ,:�. �-���.,: . . • 3'648 �pp. ���""'�„:�".. s � �-^ ^. _ ' t t �, � � �X � �.. ,,. .. . ' r�"�� T�� '�,� •! ''-, �+ A � .� .� � i r2s� �'16 '".�}" . ��� _ .. � r. . 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'��'' 1`�.i�Ft � !, i' . .�j..t+ _ '!C �' �r �9»�.: ."��'. ��,.' � �� ��„ h �' . . . . � � . . ��� • '��y � >. , �� r."X � � �•t � � '/ "�'I; , _ � � I� h?:-� � . 7400. .� ( { > �. �4k. � ,� �_ { "F.< < ���R�� �� � ; � ��a�.����l�`y' �� '�, � i �' � t 7sUU� `I� ��.�' � ir, R ,'� �l6EOC d�`!1'" �� —i�� � t im, � �r„ ����a ��,,,,,_.`�' � �#' , �' ��� n f ! '�. •� � _ __ � ' � 1 : �!��{: ''� ' t � ; � ,i` �'. #' p r�- "�'/ aa�' .�`t- r. � r'"�?`1 ',' A — -- .���-� �� 2015 aerial photo(Hennepin County) 1 Summary Morrie's Automotive, represented by Phillip Branson, is requesting a Conditional Use Permit (CUP) for 840 Pennsylvania Avenue South in order to allow off-street parking for employees of their dealership located to the east at 7400 Wayzata Boulevard.This property was recently� purchased by Morrie's and currently contains a vacant manufacturing building. If the CUP is approved,the existing building would be demolished and a landscaped surface parking lot would be constructed. Background and Existing Conditions The subject property currently contains a vacant building previously used for the productio�n of wood-woven bowls and plates (Weavewood).The building was constructed in 1962 but is facing significant disrepair. In 2014 the City declared the building"unsafe" and "uninhabitable" and ordered the property owner to correct all deficiencies. The property subsequently went into foreclosure,was owned by Hennepin County, and—after a number of title issues were resolved— has been sold to Morrie's. The building is built to the north and west property lines with an area for parking to the south. Almost the entire surFace of the lot, minus roughly 3,000 square feet in the front yard, is impervious. There are no trees on the property. Following the adoption of the 2030 Comprehensive Plan in 2009,the property—along with the rest of the block—was rezoned from Industrial to I-394 Mixed Use.To date, no properties �long Pennsylvania Avenue have redeveloped under the Mixed Use zoning. Proposed Use Morrie's purchased the property in 2018 and has proposed to demolish the building and construct a 67 stall surface parking lot for the employees of the auto dealership across the street to the east.The Zoning Code allows surFace parking for adjacent commercial uses as a condlitional use in the Commercial zoning district and therefore, by extension, in the Mixed Use zoning distr6ct. Under the preliminary plans submitted by Morrie's,the new surFace lot would reduce impervious coverage from 92.2%to 58.9%and would add 176 shrubs and 18 trees to the site.The existing driveway access would be preserved. The parking lot would not be utilized for dealership inventory, but would be reserved for employee parking. Neighborhood Notification Due to the lack of residential properties in the area, no neighborhood notification was required. Zoning Considerations ParkinA 2 The design and layout of the surFace parking lot would be subject to the standards of the Off-Street Parking and Loading section of the City Code.Two landscaped islands are included in the plans submitted to the City. The Building Official has indicated that three accessible spaces must be located in the eastern portion of the parking lot.The exact location of these spaces and the required discharge areas would be determined at the time of permitting. While the setbacks to all front, rear, and side yards are shown consistent with the current zoning requirements, staff is aware that likely changes to th� Mixed Use zoning district in the near future may potentially modify one or more of these setbacks. If any of the setbacks are reduced,the applicant would have the right to expand the parking lot after obtaining any necessary permits. Li htin New lighting installed as part of the surFace parking lot proposal would be required 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.Timers, dimmers, or sensors must be installed to reduce lighting levels during non-business hours. Screening In order to screen th�visual impact of the parked cars from adjacent properties and the public right of way, landscaping must be installed that meets the requirements of the City Code (specifically,those of the Mixed Use zoning district). In addition,the landscaping must meet the requirements of the City's Tree and Landscape Permit. While the number of plantings proposed and the planting locations are generally acceptable, additional shrubs and perennials should be relocated into the north portion of the front setback area to provide additional screening.Staff will work on the specific details of the planting locations and species with the City Forester at the time of permitting. Other Considerations In order to facilitate safe and efficient pedestrian movements for employees crossing Pennsylvania Avenue South,the applicant would need to construct a pedestrian crossing (including a crosswalk with ADA accessible ramps, pavement markings, and signage meeting MMUTCD standards) and an associated sidewalk connection to the new parking lot adjacent to the driveway. Staff would work with the applicant on the specific details and requirements of this crosswalk at the time of permitting. 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. In order to accommodate the demand for space for dealership inventory at the nearby commercial lot,the applicant has 3 worked to provide off-site parking for employees. 2. Consistency with the Comprehensive Plan Standard met.The proposed use is not inconsistent with the Mixed Use designation in the Comprehensive Plan,which allows for accessory parking in order to support existing businesses. 3. Effect upon Property Values Standard met. Given the presence of the neglected existing building, surrounding properties would likely benefit from its replacement with a landscaped surface parking lot. 4. Effect on Traffic Flow and Congestion Standard conditionally met. Traffic flows are not anticipated to be substantially different from those that currently exist for employees arriving at and departing from the commercial property across the street to the east. In order to facilitate safe and efficient pedestrian movements for employees crossing Pennsylvania Avenue South, a pedestrian crossing and associated sidewalk connection to the new parking lot would need to be constructed. 5. Effect of Increases in Population and Standard met. Due to the nature of the Density proposed use (parking),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 met.The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust,Smoke, Gas,or Standard met.The proposed use is not Vibration anticipated to generate excessive 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. Installation of landscaping between Pennsylvania Avenue 4 � and the surface parking lot would help mitigate the visual impact of the proposed use. The removal of the vacant building at this location would improve the visual appearance of the property. 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 contributed to this memorandum and has no additional 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 164 allowing for off-street parking adjacent to a commercial use at 840 Pennsylvania Avenue South.The approval of the Conditional Use Permit is subject to the following conditions: 1. Off-street parking is authorized for employee vehicles only and shall not include the storage of dealership inventory. 2. No parking shall be allowed within the required yard setbacks, consistent with the requirements of the City Code. 3. Landscaping that screens the parking area from the view of public streets shal! be installed, consistent with the requirements of the City Code. 4. Site lighting must comply with all requirements of the City Code, including the installation of timers, dimmers, or sensors to ensure lighting levels are reduced during non-business hours. 5. A pedestrian crossing(including crosswalk with ADA accessible ramps, pavement markings, and signage meeting MMUTCD standards) and an associated sidewalk connection to the new parking lot shall be constructed adjacent to the driveway. 6. 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 Narrative (3 pages) Survey and plans submitted November 9, 2018 (10 pages) 5 soo � so� soo `� so� soo So� �� "`�'rr � ::. , f .. 7495�d757465 515 520 521 7700 521 520 521 510 7474 623 600 611 7701 623 675 642 gqg 700 6 43 723 716 723 716 Subject Property 710 33 �32 735 732 750 7d3 7`l5 g25 T50 01 820 815 820 701 840 ;,� 844 , 8d3 830 i `:- 914 '= 915 950 _ � '�� 1030 1033 103 0 �� � 7400 1041 10-04 1040 7300 �p51 1050 ���� 7500 7600 7550 �. �; h ;,� ;. _. „ ,_„ �� � !�,'ayza;a BI�, i NNayzat<3 Blvd r . ' _ : �`� p ���' � `:3 ���� � �Sam b(�tljk Engineering I Surveying I Planning I Environmental Morrie's Cadillac Parking Expansion & Weavewood Building Demolition Project Narrative Location: 840 Pennsylvania Ave.S Golden Valley,MN 55426 Applicant: Morries Automotive Group (prepared by Sambatek, Inc.) Proposat: Attached to this letter please find the application of Morries Automotive Group for Conditional Use Permit(CUP)for the property located at 840 Pennsylvania Ave.S located in Golden Valley, MN.Through the attached application, Morrie's is requesting approval for construction of a new parking lot to service employees for the adjacent Morrie's Caditlac facility. The property is within the I-394 Mixed Use zoning district and prior to vacancy,the previous use was a commercial/industrial business,Weavewood,which produced wood-woven bowls, plates, p�aters,etc.The change in use requested is for parking to support the adjacent Morrie's business. Parking is the only proposed use for the property and 23,365 SF of space will be devoted to this use.The remaining 16,333 SF(41.1%)of the parcel will be landscaped with trees & shrubs. The project will consist of demolishing the run-down building currently on the parcel and constructing a new 0.6 acre parking lot. No dealership inventory will be stored in the parking lot. Extensive landscaping restoration is proposed which will improve site aesthetics considerably.The existing building is unsafe and this redevelopment would be a significant improvement to the neighboring area. Com an : The philosophy of Morries Automotive Group is to make people's lives better through work,to make customers happier and our communities better by providing moments of"Happiness", because Happiness Matters.At Morrie's, it's all about the experience.Whether buying,selling, or servicing,we're committed to providing the customer with the best automotive experience possible. Ultimately,that's what a dealership's reputation is based upon -and that's what has set Morrie's Automotive Group apart.Currently Morrie's owns and operates 15 dealerships with over 1,000 employees.At Morrie's,customers work with information-rich salespeople who find the best vehicle to suit his or her needs. Pricing is clearly marked with our best price first, which means that every customer pays the same low price.The end result is a hassle-free and haggle-free approach to purchasing cars. Hours of Operation: N/A for 840 Pennsylvania Ave S. parking lot.The adjacent Morrie's Cadillac hours of operation for sales,service,and maintenance are from 7:00 a.m.to 8:00 p.m. Monday through r���R _ _ :et � a� x,a,e� . ac � .� � + � - ��1 0. � a ao m. s . � . � Morrie's Cadillac Parking Expansion &Weavewood Building Demolition November 8,2018 Page 2 Friday,and 8:30 a.m.to 6:00 p.m.Saturday. No dealership inventory will be stored on the new parking lot. Emplokment: N/A for 840 Pennsylvania Ave S. parking lot. Morrie's existing Cadillac faciLity provides for 77 employees currently in the community. Landscaping &ScreeninQ:Landscape screening between the proposed parking lot and adjacent businesses will be above and beyond City mandated minimum requirements.A variety of coniferous,deciduous, and ornamental trees will be provided throughout the site.Trees witl be a hardy mix of native of non-native species and will be provided within interior parking islands to minimize the heat island effect.Shrubs and trees will wrap alt sides of the parking lot and create an aesthetically pleasing presentation. SiQna4e: Only small navigational signage for guiding vehicle traffic is proposed. Li htin : Lighting witl be LED on poles with concrete bases. Lighting will be in conformance with City Code.All lighting will shielded as necessary to avoid any overLap to adjacent properties and programmable to reduce lighting during Morrie's Cadillac's non-business hours. Traffic Impacts: There will be negligible impacts to traffic flow on Pennsylvania Ave.as the parking lot will serve existing employees. No access or curb cut modifications to Pennsylvania Avenue are proposed.The single existing driveway location will be maintained for the proposed parking lot access(please refer to the submitted Site Plan). Parkin : 67 parking spaces are proposed for the parking expansion lot which witl improve available parking for the adjacent Cadillac site. I/I Compliance: The City's Inflow/Infiltration (I/I)requirements were discussed with Public Works staff. It was determined since the building is unsafe,an initia�inspection could not be performed nor would be necessary at the buitding since the existing services are proposed to be removed to near their respective property lines.However,an I/I certification of the utility service stubs to be capped for potential future use will be required and coordinated with the Public Works department.Applicant wilt obtain necessary I/I permit as instructed. We respectfully request City support for the endosed apptication by Morries Automotive Group for Conditional Use Permit for the 840 Pennsylvania Ave.S parcel depicted on the attached site plan. Please see responses to the CUP Factors for Evatuation on the following page.We look forward to reviewing this application with the City in the weeks ahead. Sincerely, Phillip Branson Pete Moreau Morries Automotive Group Sambatek, Inc. ,; _ � b � a � s� ��a , � ` �,� ����t � � ,� � �° ``` � � r� �� �v V'�����"'�'� � a �z � �s{��aX"�'9�` ��s�r�-� � � �� �� � ,r��� m'rT o:�i��'y°',�""j�. `".'.—?_. �,�+���- ��,,Y^� ., ��3.�,>� ,._ ,;;, �q�< �� 9 �,, �,� ��: �'�?� 1 €�"' f`9 . , � ���� �' ��' :� ,��r�: �^, ����s����. ��-'.� � _.�_� �_,,�.w.�b...W..,,.. _,. �., � � • �._ �� Morrie's Cadillac Parking Expansion &Weavewood Building Demolition November 8,2018 Page 2 Friday,and 8:30 a.m.to 6:00 p.m.Saturday. No dealership inventory will be stored on the new parking lot. Employment: N/A for 840 Pennsylvania Ave S. parking lot. Morrie's existing Cadillac facitity provides for 77 employees currently in the community. Landscaping&Screening;Landscape screening between the proposed parking lot and adjacent businesses will be above and beyond City mandated minimum requirements.A variety of coniferous,deciduous, and ornamental trees will be provided throughout the site.Trees will be a hardy mix of native of non-native species and will be provided within interior parking islands to minimize the heat island effect.Shrubs and trees will wrap all sides of the parking lot and create an aesthetically pleasing presentation. SiQna9e: Only small navigational signage for guiding vehicle traffic is proposed. LiQhtinc� Lighting will be LED on poles with concrete bases. Lighting will be in conformance with City Code.All lighting will shielded as necessary to avoid any overLap to adjacent properties and programmable to reduce tighting during Morrie's Cadillac's non-business hours. Traffic Impacts: There will be negligible impacts to traffic flow on Pennsytvania Ave.as the parking Lot will serve existing employees. No access or curb cut modifications to Pennsylvania Avenue are proposed.The single existing driveway location will be maintained for the proposed parking lot access(please refer to the submitted Site Plan). Parkin4: 67 parking spaces are proposed for the parking expansion lot which will improve available parking for the adjacent Cadillac site. I/I Compliance: The City's Inftow/Infiltration(I/I)requirements were discussed with Public Works staff. It was determined since the building is uns�fe,an initiat inspection could not be performed nor would be necessary at the building since the existing services are proposed to be removed to near their respective property lines.However,an I/I certification of the utility service stubs to be capped for potential future use will be required and coordinated with the Public Works department.Applicant will obtain necessary I/I permit as instructed. We respectfully request City support for the enclosed apptication by Morries Automotive Group for Conditional Use Permit for the 840 Pennsylvania Ave.S parcel depicted on the attached site plan. Please see responses to the CUP Factors for Evaluation on the following page.We look forward to reviewing this application with the City in the weeks ahead. Sincerely, Phillip Branson Pete Moreau Morries Automotive Group Sambatek, Inc. ' ,�� ,��, ��, j � <�i�l. +G�A��a�r°��Hol� CS��"��3�-�._ a�a . ��i'1=�v2g ^};�1 ,�Yv��o��v!. - E ,�°_��;" r ,r, s;� €:< t' . . ��E4r it'�3"sc t`}.l �'"mY4e�,, cY��:.IT^ .A,i-;�.,�it ���1"' ti�. �F.�,° '!'P,` XC �cf°>.,r ,.`�`. flsSaP1� ..yC�'1" .e � � a y - ,. ,F .__-C-t � G � s � �-• . . . ,., . :r. - � . .. . _. _ - . `__. ___...: .��_ . _.. _.�._.,.. . :�.�: �...�_. _ _.._. _._�--_ _ ....�. � .:_ .._. .. .. . . / . � e Morrie's Cadillac Parking Expansion &Weavewood Building Demolition November 8,2018 Page 3 CUP Factors of Evaluation 1. Demonstrated need for the proposed use: To alleviate parking demands of the adjacent Cadillac business. 2. Consistency with the Comprehensive Plan of the City: Consistent with current and forecasted Mixed Use zoning.Supportive of existing vehicle sales business. 3. Effect upon property values in the neighboring area: Improvement to surrounding property values through removal of the unsafe, run-down building and conversion of a 90% impervious parcel to a 60%hard coverage parcel with landscaping improvements (176 shrubs & 18 trees new trees). 4. Effect of any anticipated traffic generation upon current traffic flow and congestion in the area: Negligible traffic impacts.Will support existing employees who currently travel to adjacent business. 5. Effect of any increases in population and density upon surrounding land uses: N/A. Indirect improvement to the community through removal of a run-down facility. 6. Compliance with the City's Mixed-Income Housing Policy: N/A 7. Increase in noise levels to be caused by the proposed use: None. 8. Any odors,dust,smoke,gas or vibration to be caused by the proposed use: None. 9. Any increase in pests,induding flies,rats,or other animals or vermin in the area to be caused by the proposed use: None. 10. Visual appearance of any proposed structure or use: No structure proposed.Visually enhanced appearance through significant landscaping improvements. 11. 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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 listed in BPO District Staff Recommendation __ ... . _ _ . ......... ..... . ... ..... __; ' 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 retaii services within a Keep as conditional use professional office building _ . ..._ _ ..: . . _..... . . _..._ __ __.._.... , ' Recreational facilities such as ball iii Remove examples "such as ball fields, swimming pools, and ' fields, swimming poois, 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 I 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 transitions between land uses.The District is not intended to serve as an area for the sale, handling, or production of goods, wares, ; and merchandise. Pawnshops and Payday Loans The Planning Commission discussed whether pawnshops would be allowed in this district as a Financial Institution. StafF has determined that pawnshops are a retail use and would be allowed only in the Commercial Zoning District. Pawnbrokers must obtain a license from the City to operate in Golden Valley. Staff has also determined that payday loans are considered Financial Institutions. Excludin�them specifically would likely be considered arbitrary and capricious since concerns are focused more on the activity's impact on the personal finances of its clients rather than on the impact to surrounding property owners. Payday lenders must be licensed by the Minnesota Department of Commerce. It is not standard practice for a local government to require a license for payday lenders. Summary of Recommendations Staff recommends amending Section 113-95 of the Zoning Code. Attachments Planning Commission minutes dated November 13, 2018 (3 pages) Sec. 113-95 Zoning District Regulations, Underlined Overstruck (3 pages� Map of BPO Properties (1 page) Minutes of the Golden Valley Planning Commission November 13, 2018 Page 8 Conditions . Storage is authorized for automobil and light truck dealership sales inventory o and shall not extend to other vehicl or equipment. .,:; � 2. e maximum number of spaces fo ermitted for inventory storage shall k�'iimited to 6. t„ 3. Vehi deliveries or loading shall n�. take place on Zane Avenue o�;;v(rithin the �„ parking a t. Inventory vehicles must e delivered or loaded elsew re and driven to and from site individually. 4. Hours of ope° ; ion shall be limited t' 7 am to 10 pm, Mond, �hrough Saturday. 5. Vegetative scr�`:, ing must be main'' ined in a strip 60 fe ''wide along the eastern property line as a'�-', ual buffer for th'` adjacent single mily homes. 6. Site lighting must co���"�, ly with all re ��;; irements of t , ���ity Code without benefit of any legally non-conforrri ; use. �' 7. This approval is subject to�'�,I other '';tate, fede�; ;jand local ordinances, regulations, or laws with authority over tht��lev :opment�' . 'l����{. Y 4. Informal Public Hearing —2040�� �: , °�prehensive Plan Update Yh Applicant: City of Golden V fl y�R��;.� �;� � , d� Purpose: Final review 'f 20 ,� Compr��ensive Plan Update F .� �� r- Zimmerman noted that the ��� has sp � t the last tw�c�'��: , d half years updating its Comprehensive Plan. He '` ted that s ,ff has received ��proximately 50 comments and has made some final ad'�`stments bas `� on those comme�. He explained that the plan ,,� has nine chapters and, number of app�ndices and that a w�'��ome statement and a vision statement hav been added and ��, at the plan is now rea�r for the public hearing portion of the proc s. �' ��� ��� ,��. Baker stated t he likes the inclusion ' the vision statement. Sege���_ um commended staff on their � rd work. Johnson agree �`�and stated that in the welcor�n`�'�:�statement the words imm ation status are vague anct��hat if the Council wants to mak�;F;,, bold statemen ey should say it. �;, t Baker ened the public hearing. Seeing '' nd hearing no one wishing to comm?�`. , Baker clos the public hearing. ,\� VED by Johnson, seconded by Blum nd motion carried unanimously to recomme proval of the adoption of the 2040 Co prehensive Plan Update. 5. Discussion — Business and Professional Offices Zoning District Goellner stated that there is an opportunity to modernize the existing code language for the Business and Professional Offices Zoning District. She explained that staff is Minutes of the Golden Valley Planning Commission November 13, 2018 Page 9 proposing to add tech uses, healthcare uses, considering removing the catch-all provision for uses not listed, updating the name of the district, and rewriting the purpose statement. Goellner explained that the proposed new language keeps offices and class 1 essential services as permitted uses. It would keep adult day care centers, child care centers, daytime activity centers or facilities providing school and or training for disabled people, limited retail services, and permitted and conditional uses in buildings exceeding three stories in height as conditional uses. She stated that the proposed new language proposes to move financial institutions from a conditional use to a permitted use when no drive-through is present, it would keep heliports as a conditional use but the words "accessory to a professional office building"would be added. It would move recreational facilities from a conditional use to a permitted accessory use and it would add medical, dental, or optical clinics as a permitted use and medical, dental, or research and development laboratories as a conditional use. Lastly, the proposed name of the district would be changed to Office instead of Business and Professional Offices. Blum said he thinks the suggested changes are good. He referred to the language regarding financial institutions and suggested restricting pawn shops because they don't fit the common understanding of financial institutions. Zimmerman noted that generally if a use is not listed as a permitted or conditional use it is a prohibited use. Brookins questioned if check cashing facilities should be listed. Blum said he has reservations about allowing uses that take advantage of people. Brookins stated that "financial institutions" is vague and questioned if that includes mortgage companies, etc. He asked if pawn shops are allowed in other zoning districts. Baker suggested using the word "banks" instead of"financial institutions" and noted that the City encourages low income housing and that they may need payday loan facilities. Brookins said he just wants to be clear about where these types of uses can operate. Goellner noted that other cities use "bank, credit union, or other financial institutions." Segelbaum suggested further study regarding which term to use. Johnson said he wants to make sure both sides are considered and that if a company has a legal right to function they should be able to. Johnson referred to language regarding recreational facilities and said he thinks it is a good idea to remove the listed examples, but suggested there be a definition of recreational facilities. He added that he thinks changing the title is a good idea. Segelbaum asked if this language applies to home occupations. Zimmerman said no, home occupations are permitted in the R-1 Single Family Zoning District and this proposed amendment is just in regard to the Business and Professional Offices district. Goellner noted that several cities allow hospitals as a conditional use in their office districts. Baker asked where hospitals are currently allowed. Goellner stated they are allowed in the Institutional Zoning District. Segelbaum asked about surgical centers. Goellner said it would depend if the patients stay overnight. Baker asked if the clinic definition is clear. Minutes of the Golden Valley Planning Commission November 13, 2018 Page 10 Segelbaum referred to the language regarding the handling of goods in the purpose statement and questioned if a sales office would be permitted. Goellner noted that staff is going to be creating a comprehensive list in the future of all of the uses allowed in all of the zoning districts. She added that this item will come back to the next Planning Commission meeting for a public hearing. s --S ort Recess-- 6. Reports on Meetings of the Hou `'ing and Redevelopment Author' Council, Board of Zoning Appe and other Meetings No repo� ere given. � 7. Other Busi" � s ��� �\ • Council Liaison ���� ort � �� � � No report was given. `� : ° � � 8. Adjournment � f �'. F 7 The meeting was adjou ,<` �d at 8:58 pm� �, .r ' �:,.s �'c���`'�,v; '� J �r E �� '.r��J i��� �r W�n ��. hl ��- Ron Blum, Secretary �� Lisa Wittman, Administrative Assistan � Sec. 113-95.- ffices Zoning pistrict. (a) Purpose. The purpose of the Offices Zoning District is to provide areas , , for the offices clinics, day care centers, financial institutions, and other compatible uses that serve local and regonal needs. The District fosters employment opportunities and encourages transitions between land uses. The District is not intended to serve as an area for the sale of or handling of goods, wares, merchandise, or commodities. (b) District Established. Lots shall be established within the Offices Zoning District in the manner provided for in Section 113-29. The district established and/or any subsequent changes to such district shall be reflected in the Official Zoning Map of the City as provided in Section 113-56. (c) Principal Uses. The following principal uses shall be permitted in the Offices Zoning District: (1) Offices;a� (2) Clinics—Medical, Dental,or Optical (3) Financial Institutions; and (4�) Essential services, Class I. (d) Accessory Uses. The following accessory uses shall be permitted in the Offices Zoning District: (1) Essential services, Class I. (e) Conditional Uses. The following conditional uses may be allowed after review by the Planning Commission and approval by the City Council in accordance with the standards and procedures set forth in this chapter: (1) Adult day care centers (Z} Child care centers (3) Daytime activity centers or other facilities providing school and/or training for disabled people (4) , ' Drive-through facilities for Financial Institutions _(5) Heliports accessory to a professional office (6) Limited retail services acces�sory to an office and within a professional ofFce building (7) Recreational facilities within a professional office building; and , _ , � � (9) Laboratories—medical, dental,or research and develoqment (9) Permitted and conditional uses in buildings exceeding three stories in height. (fl Principa/ Structures. Principal structures in the R��c�^��� ^^^� Drnfo�cinn�+� Office� Zoning District shall be governed by the following requirements: (1) Setback Requirements. The following setbacks shall be required for principal structures in the Offices Zoning District: a. Front Setback. 1. The required minimum front setback shall be 35 feet from any front lot line along a street right-of-way line. All front yards shall be maintained as landscaped green areas. 2. In the case of a building over three stories, the front setback shall be increased five feet for each additional story over three stories or each additional 10 feet above a height of 30 feet. b. Side and Rear Setbacks. 1. For lots adjoining an R-1 or R-2 Zoning District, the required side yards shall be no less than 50 feet in width and the required rear yards shall be no less than 50 feet in depth. 2. For lots adjoining an R-3, R-4� R�i�ino�� M�a or�fo��,�.,M! OfFces, or Institutional ��...��� Zoning District, the required side yards shall be no less than 30 feet in width and the required rear yards shall be no less than 30 feet in depth. 3. For lots adjoining a Commercial, Light Industrial, Industrial, or I-394 Mixed Use Zoning District or railroad right-of-way, the required side yards shall be no less than 20 feet in width and the required rear yards shall be no less than 20 feet in depth. 4. In the case of a building over three stories, the side and rear setbacks shall be increased five feet for each additional story over three stories or each additional 10 feet above a height of 30 feet. 5. One-half of the required side and rear yards, as measured from the lot line, shall be landscaped, planted, and maintained as a buffer zone. (2) Height Restrictions. No building or structure shall be erected with a height in excess of three stories or 36 feet, whichever is less, in the Office�Zoning District. All necessary mechanical equipment and elevator penthouses will not be included in computation of building height. The City Council may grant a conditional use permit for a taller building. (g) Accessory Structures. Accessory structures in the Offices Zoning District shall be governed by the following requirements: (1) Location and Setback Requirements. The following location regulations and setbacks shall be required for accessory structures in the R�� ��,�s�^-,�,a °rT,^��;aT�a! Offices Zoning District: a. Location. A detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback than the principal structure. b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot line. c. Side and Rear Setbacks. Accessory structures shall be located no less than the required setback for principal structures in the Office�s Zoning District from a side or rear lot line. d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a required setback. e. Separation Between Structures. Accessory structures shall be located no less than 10 feet from any principal structure and from any other accessory structure. f. Alleys. Accessory structures shall be located no less than 10 feet from an alley. (2) Heighf Restrictions. No accessory structure shall be erected in the Offices Zoning District with a height in excess of one story, which is 10 feet from the floor to the top horizontal component of a frame building to which the rafters are fastened (known as the "top plate"). For the purposes of this regulation, the height of a shed roof shall be measured to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. (3) Number and Size. Only one accessory structure shall be allowed on each lot and no accessory structure shall be larger in size than the principal structure. In no case shall an accessory structure be greater than 1,000 square feet or less than 120 square feet in area. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. Accessory structures not used solely for storage and related activities shall have open sides from floor to ceiling, except that they may have railings and temporary screening (used only on two sides at a time), all constructed in accordance with the building code. (4) Design. All accessory structures constructed after the construction of the principal structure must be designed and constructed of similar materials as determined by the City Manager or his/her designee. (5) Building Permits. All accessory structures located in an Office� Zoning District require a building permit. (6} Parking Structures and Garages. Parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. (h) Buildable Lots. No building or structure located in the Offices Zoning District shall be located on a parcel of land that is less than one acre in area or less than 100 feet in width. (i) Lot Coverage. No building or structure or group thereof, shall occupy more than 40 percent of the total land area of any lot or parcel in an R„�inoo� �.,.� Drnfoc�c�inn�l Offices Zoning District. An additional 20 percent of the land area shall be allowed for the construction of a parking structure. (Code 1988, § 11.45; Ord.No. 541, 5-8-1981; Ord.No. 643, 11-16-1984; Ord.No. 80,2nd Series, 11-28-1991; Ord.No. 264, 2nd Series, 12-13-2002; Ord.No. 271, 2nd Series, 11-15- 2002; Ord.No. 344, Znd Series, 5-25-2006; Ord. 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'd���j_, p o' w Z n � � ,o`r. , Z � F" �& � ' N �tl�uepue epul O I U ._._�__ `y eny utpss�e ueyr 3 s N eny uyosslaP� rv � � _"�' _' '—" '�"' "� '�'�"�' 69l Femy&H 69l�em46iN� I.no1�tJC1d do h.L1� ` x.�now�,?la. � �va s,no�•is ,;U�xi.�� ' a o,c i» .�"�' � � � --- � � I -- � L__—; i--, t°��N � '"____' ..,_,.� 1 4 ----- { ��� �� � � � ;��,�� �C"�`3',' � .�`� % �_ y�Y��1 evelc� e�� �epa�rt en�t ���-s��-sa��t���-s��-s������� _ _ _ __ Date: December 10, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Zoning Code Text Amendment—Discussion—Amending Commercial Zoning District to Regulate Firearms Sales Summary The City Council has asked staff to bring forward new regulations that would limit the possible locations for firearms sales within the city. Based on investigation of the zoning codes of other metro cities and in consultation with the City Attorney, staff is proposing to amend the Commercial zoning district to create restrictions for firearms sales based on distances from other specified uses as well as develop other regulations. Background At a Council/Manager meeting on August 15, 2018,the City Council discussed firearm regulations with the City Attorney and the Police Chief and asked staff to investigate potential zoning regulations that could restrict future firearms sales in Golden Valley. As explained by the City Attorney at that meeting, State law limits the ability of local municipalities to regular firearms beyond what is included in State statute. One exception is the ability to legislate the location of businesses where firearms are sold if the regulations are , reasonable, nondiscriminatory, and nonarbitrary. On November 13, 2018, staff discussed with the Council various regulations used by other metro cities to address the location of firearm sales, including restricting sales within a certain distance of specific uses where children or others gather(schools, religious facilities, libraries, community centers, etc.), prohibiting sales within a certain distance of residentially zoned properties, and prohibiting sales from locating near other gun-related uses or near other"undesirable" uses (e.g., pawnshops, liquor stores, sexually-oriented businesses, etc.). Staff displayed maps showing where firearms sales are currently allowed in the city �all Commercially-zoned properties)with buffers of 100 and 300 feet around the following: 1 • Residentially-zoned properties (including the Mixed Use zoning district,which allows residential uses) • Parks and play areas • Schools, religious facilities, and libraries At the conclusion of the discussion,the Council directed staff to also test a 500 foot buffer and to bring reasonable firearm sales restrictions to the Planning Commission for consideration as a zoning text amendment. Evaluation Many of the regulations used by other cities in the metro area can be categorized as either dealing with separation, security, or site requirements. Separation As mentioned above, local zoning codes prohibit firearm sales within.�varying distances of residential properties, day cars, schools, religious institutions, libraries, parks, government buildings, other firearm sales locations, and "undesirable" uses such as pawnshops, currency exchanges, liquor stores, or sexually-oriented businesses.The appropriate amount of separation required from each is not an exact science but is ultimately dependent on how many viable sites are available at the conclusion of the exercise and if this number is legally defensible. Security Some cities reference Minnesota Statute 624.7161 and Minnesota Rules Chapter 7504 which deal with where and in what manner firearms can be stored. Others list additional security measures including where ammunition is stored, requirements around security systems, and limiting sales to permanent buildings as opposed to in-vehicle or trailer sales. Site Requirements Site specific requirements in the codes examined are varied and deal with things such as window displays, exterior loudspeakers or public address systems, building construction, and prohibition (or regulation) of firing ranges. Staff has also asked the Police Department to provide feedback on the various measures described above and will be prepared to discuss this further at the Commission meeting. Summary of Recommendations Staff would like feedback from the Commission regarding the many options available for regulating firearm sales, including limiting possible locations and other use restrictions. A public hearing will be required at a subsequent meeting. Attachments Firearm Sales Zoning Restriction Examples in Other Metro Area Cities (3 pages) Firearm Sales Maps with 100 foot, 300 foot, and 500 foot Buffers (3 pages) 2 Firearm Sales Zoning Restriction Examples in Metro Area Cities Bloomin�ton—Commercial, Industrial, and Freewav zoning district (Permitted Use subiect to Use Standards) a) Security. All primary firearm sales facilities must meet applicable federal and state security standards including but not limited to M.S. § 624.7161, and Minnesota Rules Chapter 7504. b) Separation requirements. No primary firearm sales facility may be located: 1. Within 250 feet of the R-1, R-1A, RS-1, R-3, R-4, RM-12, RM-24, RM-50 or RM-100 Zoning Districts. 2. Within 250 feet of a day care facility. 3. Within 250 feet of a school (K-12). 4. Within 1,000 feet of another primary firearm sales facility. Firearm Offices where no firearms or ammunition are stored on the premises is a permitted home occupation. Minneapolis—Commercial and Downtown zonin�districts (Conditional Use subiect to Specific Development Standards): a) The use shall be located at least two hundred fifty (250) feet from the nearest residence or office residence district. b) The use shall be located at least five hundred (500) feet from the following protected uses: religious institution, K-12 school, child care center or family or group family day care, library or park. c) No firearms or ammunitian shall be displayed in window areas or any area where they can be viewed from any public right-of-way. d) Firing ranges shall be prohibited. ej The use shall meet the required security standards rnandated by Minnesota Statutes. f) Firearms dealers existing on or before October 7, 1995, and in all other respects in conformance with the provisions of this ordinance, shall be permitted to continue as nonconforming uses in accordance with the provisions of Chapter 531, Nonconforming Uses and Structures. Firearm or ammunitions sales is a prohibited home occupation. Richfield—General Business zonin�district (Conditional Use subiect to Standard Conditions): a) Such uses shall be licensed under Section 920 of the City Code; b) Such uses shall be located not less than 300 feet from any school, church, daycare center, public library, or governmental building; c) Such uses shall be located not less than 1,000 feet from ather gun or ammunition sales/repair businesses or firearms related uses; d) Such uses sha11 be lacated nat less than 100 feet from residentially zoned property; e) Firearms-related uses shall not operafie before 8:00 a.m. or after 9:Q0 p.m.; f) Firearms-related uses shall only be allowed within an enclosed structure that is soundproofed to prevent the sound to be heard by persons on adjoining property; g) No firearms-related use shall be allowed in a firailer or ather nanpermanent building; h) Any firing-range existing in the City on ar prior to January 1, 2004, shall be allawed to continue; i) The design and construction of any firearm-related use shall totally confine all ammunitian rounds within the building and in a contralled manner. The design and construction of the firing range shall be certified by a registered architect and engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interiar walls, and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine; j) No ammunition shall be used in any firearms-related use that exceeds the certified design and construction specifications af the firing range; k) A written log of users of any firing range or other firearms-related use shall be maintained by the range operatar. The log shall include the name and address of the range user, and the time and date the user was in the range. The name and address of the user shall be verified by phato identification; 1} An alarm system, cut wire protected, shall be supplied to provide security for a building containing any firearm-related use; m) Firearms that are stored on the premises shall be stored in a vault when the range is closed for business. An alarm system, independent of the general alarm system and cut wire protected, shall be supplied for the firearm vault; n) Ammunition shall not be stored in the firearm vault; o) On site supervision at any firearm-related use shall be supplied at all times by an adult with credentials as qualified range master; p) An outside security plan for the general grounds af any firearm-related use shall be submitted to the City Manager or designee for review and approval; q) The transport of firearms on the premises shall conform to State Law; r} Minors shall not be allowed in any firearm-related use unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class, which is supervised by an adult instructor; and s) The Cauncil reserves the authority to review or modify the performance standards far the range. Firearm or ammunition sales/repair is a prohibited home occupation. St. Louis Park—Commercial zonin�district (Permitted Use with Conditions): a) The lot must be at least 1,000 feet from the property line of a site containing a pawnshop, currency exchange, payday loan agency, liquor store or sexually-oriented business. In the case of a shopping center or multi-use building,the distance shall be measured from the portion of the center or building occupied by the payday loan agency or currency exchange. b) The use shall not operate in conjunction with a sexually-oriented business. c) The lot shall be located a minimum of 350 feet from any parcel that is zoned residential, or has an educational (academic) use, religious institution, park, library or community center. In the case of a shopping center or multi-use building,the distance shall be measured from the portion of the center or building occupied by the use. d) Access shall be to a roadway identified in the comprehensive plan as a collector or arterial. Access to and from local residential streets is prohibited. e) In-vehicle sales or service are prohibited. f) The use shall be contained within a completely enclosed building. g) Exterior loudspeakers or public address systems are prohibited. h) Windows must be of clear,transparent glass and be free of obstructions for at least three feet into the store. 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