11-12-01 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, November 12, 2001
7:00 P.M.
I. Approval of Minutes - October 22, 2001 Planning Commission Meeting
II. Continued Informal Public Hearing - Zoning Code Text Amendment
Applicant: International Health Care Services
Address: Commercial, Light Industrial, Industrial, Business and Professional Offices, and
Institutional Zoning Districts, Golden Valley, MN
Purpose: The applicant is requesting to add "Adult Day Centers" as a Conditional Use to the
City's Commercial, Light Industrial, Industrial, Business and Professional Offices,
and Institutional zoning districts.
III. Informal Public Hearing - Conditional Use Permit (CU-91)
Applicant: BP Products North America, Inc.
Address: 600 Boone Avenue North, Golden Valley, MN
Purpose: The Conditional Use Permit would allow for the existing gasoline service station, car
wash, and convenience store to be replaced with a gas station, coffee cafe, car
wash, and convenience store.
IV. Informal Public Hearing - Minor Subdivision (SU 09-04)
Applicant: Joe Silitz, Mary Youngren, and Will Fisher
Address: Lots 21 & 22, Block 2 Spring Green, located at 609 and 613 Turnpike Road, both in
Golden Valley, MN
Purpose: The applicants are requesting a subdivision of the two parcels of land in order to
redraw the property line between these parcels. This property line change will allow
for driveway and retaining wall encroachments to be corrected and. for the property
owner at 609 Turnpike Road to build a third stall garage.
V. Informal Public Hearing - Conditional Use Permit Amendment (CU-90-01)
Applicant: Auto Point, Ltd.
Address: 9130 Olson Memorial Highway, Golden Valley, MN
Purpose: This permit would amend the existing Conditional Use Permit to allow for indoor
sales of used automobiles in a Commercial zoning district.
-- Short Recess --
VI. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of
Zoning Appeals and other Meetings
VII. Other Business
A. Discussion of December 24,2001 Planning Commission Meeting
VIII. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
October 22, 2001
A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council
Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, October 22, 2001. Chair
Pentel called the meeting to order at 7:00 PM.
Purpose: The applicant'
. to.theGity's-1
eese, Rasmussen
s, City Planner Dan
Those present were Chair Pentel and Commissioners Eck, Groger, Ho
and Shaffer. Also present were Director of Planning and Developm t
Olson, and Recording Secretary Lisa Wittman.
I. Approval of Minutes - September 24, 2001 Planning C
MOVED by Hoffman, seconded by Shaffer and motion
24,2001 minutes as submitted.
ously to approve the September
II. Informal Public Hearing - Zoning Code
Applicant:
.
Address:
Valley, MN
to add "Daytime Activity Centers" as a Conditional Use
-zoning. districts. n_____
City Planner DanQlson state
care-centers as acunditi
not allowed as either a p
to similar uses that a
oposalis to amend the Zoning Code text to allow adult day
-the-lndustriat~lonin-gDistrict:-Hestated that currently; this use is
conditional use in any zoning district in Golden Valley. He.referred
other zoning districts and discussed what a few other cities allow.
He stated that
point and that t
n specific proposal doesn't necessarily need to be discussed in depth at this
p in the process is to change the Zoning Code text.
Pentel asked Olson if he made any recommendations for parking requirements. Olson stated that he
didn't make recommendations for parking requirements.
Pentel stated that the State regulates the ratio of employees to clients in this type of business so the
City would have a good idea of how many employees would be on the site and how many parking
spaces would be necessary.
6ck stated that it would seem reasonable to change the Zoning Code text in other zoning districts at the
~me time and asked why this proposal is restricted to the Industrial district. Olson stated that these
types of text changes only arise when an application is received and this particular application is in an
Industrial zoning district.
.-,affer stated that the text change could apply in any district where there is a daytime activity center or
~ daycare center. Grimes stated he would be concerned about changing the text in the Residential
district because this type of use might produce more traffic.
Pentel suggested changing the definition to daycare facilities. Olson stated that the term daycare
specifically applies to children. Pentel suggesting adding a new paragraph to the text in each of the
districts to be changed.
Rasmussen suggested using the words "daytime activity center". McAle
is a definition for "daytime activity center" so that would need to be cha
d that there currently
appropriate words.
Pentel stated she supports this text change and asked staff to co
to other districts. McAleese stated he would favor a more narro
Groger stated that as long as this type of use is a conditio
problem with it. Grimes stated that the City does have a
already.
a permitted use he sees no
ilar operations in existence
McAleese stated that another issue is the parkin
parking requirements similar to other cities.
and that he would like to see stricter
.ntel opened the public hearing.
Michael Tobak, 2525 Nevada Avenu
the same building, an adult daycar
a medicaJ modelandasocialmo
ite 302, applicant, stated that they would like to open, in
e stated that adult daycare programs have two models,
hat they would-like to start with a-socia Lmodet prog ram .
Pentel asked how he defines
don't have majorillnesse
language or don't have a
exercise and partici
ode!. Tobakstated that the program would be for people who
er t ey are isolated and often don't have friends, don't speak the
ansportation. This would give them the opportunity to socialize,
'IpS.
Pentel askedi~i1~he pr
are licensed byz\ St
elements of the pr
ould be licensed by the State. Tobak stated that these types of programs
Pentel asked if they had connections with other facilities for the recreation
T obak stated they do have affiliations for their recreational activities.
Eck asked the applicant to clarify the number of people that would be on site at any given time. Tobak
stated that the space in the building would accommodate up to forty people but their goal is to have
approximately twenty clients.
Shaffer asked what the ratio of clients to staff would be. T obak stated that he believes the ratio is 10 or
12 clients to one employee and that they would have more than adequate parking.
aimes asked if the Commission generally agreed with the other cities recommended ratio of one
parking space per employee and stated that the City has used that ratio in other circumstances in the
past. Pentel stated she agreed with McAleese in making sure that the City requires adequate parking.
.
McAleese stated he assumed that the ratio of staff to clients would be different in the medical model
erogram. Tobak stated that the ratio is higher and thought it was five or eight clients to one employee.
Pentel closed the public hearing.
Pentel stated that it seems the Commissioners are interested in changing the code text and asked staff
to come up with some definitions. Grimes asked if the Commission would like to table this proposal.
Pentel stated she thought that would be a good idea.
MOVED by Shaffer, seconded by McAleese and motion carried unanimo
"Daytime Activity Centers" as a Conditional Use to the City's Industrial
November 12, 2001 Planning Commission Meeting.
ble the request to add
'cts until the
-- Short Recess --
VII. Reports on Meetings of the Housing and Redeve
Zoning Appeals and other Meetings
ority, City Council, Board of
Pentel discussed the October 9,2001 HRA meeting
Motel Holdings as the developer for the former
that the HRA voted to designate Infinity
e.
VIIL--OtherBuslness ---
tit. Discussion of outside storage of P
Olson stated that the City has rec .
storage containers (PODS). Ras
stated the only rule is they ca ' be
someone'sprop~rty. Rasmu
-days'seems reasonable-:
mplaints from residents regarding the use of outside
asked if there were any rules regarding dumpsters. Olson
street and there is no rule about how long they can stay on
that allowing people to keepthe POD on their property for 30
Pentel asked what s
Groger stated he t~'1
enforce. Grimes stated that they could require them to be licensed.
en Valley needs stronger code provisions in regards to outside storage.
The commissio that they would like to get more information from staff regarding the PODS
Company and the like to get a better sense of the market. They decided they would like to
discuss this further at a later date.
IX. Adjournment
Themeelingwas a-d:Journed-m-tt~.--
e
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Hey
Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject:
Consideration of Amendments to the Zoning Code for Adult Day Care
Facilities.
Date:
November 7,2001
Background
At the October 22, 2001 Planning Commission meeting, the Commission reviewed an
application for a Zoning Code text amendment to allow Adult Day Care facilities as a
Conditional Use in the Industrial zoning district. The memorandum from that meeting is
attached for your reference. The Commission tabled the application until further information
about State requirements could be provided.
Adult Day Care Centers are required to be licensed under Minnesota Rules 9555. Based on
a review of these Rules, Staff has developed a definition for Adult Day Care Centers. Also,
based on a Planning Commission recommendation, staff is proposing to allow Adult Day
Care Centers as a Conditional Use in the Commercial, Light Industrial, Industrial, Business
and Professional Offices, and InstitutionalSub...districts 1-1to+.4.cStaff;js~a~so-r-ecommending
parking requirerllEmts-for these CeJ"ltersaS-follows;-1. parking space for each 7 persons cared
for and 1 parking space for each employee. The City Attorney has reviewed these ordinance
revisions and found them to be acceptable.
At the October 22nd meeting, Staff and the Commission also discussed related land uses:
daytime activity centers (upon a further staff review, these centers are considered quite
different from Adult Day Care Centers), day care and child care facilities. Since these were
not part of the original application, this memorandum does not discuss existing and proposed
requirements for those uses. However, Staff recommends that after the first of the new year,
the Planning Commission review and discuss possible Zoning Code revisions to daytime
activity centers, day care and child care facilities.
Recommended Action
Staff requests that the Planning Commission recommend to the City Council the amendment
to the relevant zoning district's requirements in a Formal Public Hearing.
Attachments:
· Memorandum and Attachments from October 22, 2001 Planning Commission Meeting
· Proposed Adult Day Care Center Zoning Code Requirements
,
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
.
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject:
Consideration of Amendment to Section 11.36 of the City Code
Date:
October 18, 2001
Background
The City has an application submitted for a Zoning Code text amendment. The proposal is to
amend the text to of the Industrial zoning district (City Code Section 11.36) to allow adult day
dare centers as a Conditional use in that zoning district. Currently, this use is not allowed as .
either a Permitted or Conditional Use in any zoning district in Golden Valley. However, the
following are similar uses in the city:
Business and Professional Offices zoninQ district: "Daytime activity centers and/or
facilities providing school and/or training for retarded or handicapped people" is a
Conditional Use. Since this use most closely resembles adult day care centers, staff
would propose using the term "Daytime Activity Centers" to define this use in the
Zoning Code.
Residential zoninQ district: "Day Care Facilities licensed by the State of Minnesota
serving 12 or fewer persons" is a Permitted Use.
In addition, Child Care Facilities, which is defined as a service provided to the public in
which children of school or pre-school age are cared for during established business
hours, is a Conditional Use in the Commercial, Light Industrial (where only dependents
of employees are served), Industrial, and Institutional zoning districts.
Proposed Adult Day Care Center Location
This proposed site of the adult day care facility, which is located at 2525 Nevada Avenue
North, is zoned Industrial and the building is an office condominium where each suite is
individually owned by a business owner. The applicant, International Health Care Services,
is a non-profit organization that currently provides in-home health care for non-english
speaking people. International is hoping to expand their services by opening this adult day .
care facility. The day care would be located across the hall from their offices at 2525 Nevada
Avenue North.
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The applicant has described the specifics of the adult day care and this information is
attached for your review. The suite that would house the day care has most recently been
used for a furniture showroom. No exterior improvements to the building are planned for the
day care use, but the applicant is planning on making interior improvements to the suite such
as the installation of door and dividing walls.
The parking requirement for Daytime Activity Centers in the Business and Professional
Offices zoning districts is "at the ratio of one (1) parking space for every 250 square feet of
gross floor area. According to the applicant, the suite is approximately 1,800 square feet in
size. Therefore, 7 parking spaces would be required. The applicant has stated that they
are assigned 2 parking spaces in the front of the building, and that there is also a large
parking area behind the building available to them. The day care would employ 3 to 5
employees, although it is expected that not all of the employees would be on site every day.
The applicant is hoping to sign up a total of 40 clients for the day care, with 10-12 on site
every day, and all of the clients would be dropped off at the center. The operating hours for
the center would be from 8 AM until 5 PM, Monday through Friday. Since the clients would
be dropped off and have few employees, both the applicant and Staff believe the parking to
be provided would be sufficient to meet the needs of the day care center.
Other City's Requirements
The following information is provided to give you an idea of what other cities require for adult
day care centers in Industrial zoning districts.
Permitted or
Conditional Use
in Industrial
City district Parking Requirement
S1. Louis Not Permitted in
Park Industrial Not applicable
1 parking space for each 6 persons cared for and 1 parking
Plymouth Conditional Use space for each employee.
Pick-up and drop-off areas designated; 1 parking space for
Richfield Conditional Use each 5 persons cared
Case by case Parking requirements are determined by the Planning
Eden Prairie basis in Industrial Commission/City Council.
Brooklyn 1 parking space for each 7 persons cared for and 1 parking
Park Permitted Use space for each employee.
Recommended Action
Staff requests that the Planning Commission recommend to the City Council the amendment
to the Industrial zoning district's requirements in a Formal Public Hearing.
Attachments: Narrative from International Health Care Services
2
October 5, 2001
.
Mr. Dan Olson
City Planner
7800 Golden Valley Rd.
Golden Valley, MN 55427
iREcrCIVED
! OCT 06 2001
'BY:~
Dear Mr. Olson:
An adult day care is a program of services designed for older adults and adults with special needs
who want to remain active and independent in the community. Through daily social activities,
personal grooming and health monitoring this program is a viable alternative to nursing home
placement and social isolation. Studies show that day programs are cost-effective and provide
respite for at-home caregivers.
Our adult day care program will operate Monday - Friday from 8am until 5pm and offer:
· Individualized care plans
it Respite for caregivers
· A safe, secure environment
· Social activities
. Exercise
· Friendship
· Shopping & Field trips
· Mental stimulation
· Nutritious meals and snacks
· Health monitoring: blood pressure, weight, medication
· Referral services
· Support groups
.
The goal of our adult day care program will be to enhance the lives of individuals and families
by providing quality care in a dignified, respectful, and compassionate group setting.
Sincerely,
--~
/,{C ~
~bkeL-.~ It ".
-
Michael Tobak
Office Manager
International Health Care Services
2525 Nevada Avenue North, Suite 302
Golden Valley, MN 55427
(763) 591-1959
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Proposed Adult Day Care Regulations in the Golden Valley
Zoning Code:
City Code Section 11.03 Definitions.
"Adult Day Care Center" - A facility licensed by the State of Minnesota that
provides adult day care to functionally impaired adults on a regular basis for
periods of less than 24 hours a day in a setting other than a participant's home or
the residence of the facility operator. Functionally impaired adult means an adult
having a condition that includes (1) having substantial difficulty in carrying out
one or more of the essential major activities of daily living, such as caring for
oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working; or (2) having a disorder of thought or mood that
significantly impairs judgment, behavior, capacity to recognize reality, or ability to
cope with the ordinary demands of life; and (3) requiring support to maintain
independence in the community.
Conditional Uses
An Adult Day Care Center would be a Conditional Use in the following zoning
districts:n
. Commercial
. Light Industrial
. Industrial
· Business and Professional Offices
. Institutional (1-1 to 1-4)
Parking Requirements
1 parking space for each 7 persons cared for and 1 parking space for each
employee.
4.
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Hey
Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
To:
Planning Commission
From:
Mark Grimes, Director of Planning and Development
Subject:
Informal Public Hearing on Conditional Use Permit (CUP) to Allow
Gas/Convenience Store at 600 Boone Ave. N (Northeast Corner of Boone
Ave. and TH 55, Existing Amoco Service Station)-BP Connect, Applicant
Date:
November 7, 2001
BP (British Petroleum) Products North America Inc. (BP) is applying for a conditional use
permit (CUP) in order t()__911()w for the construction and operation of a 4,272 sq. ft.
gas/convenience store and 792 sq. ft. detached car wash at 600 Boone Ave. N. This site is
currently the location of an Amoco service station with a car wash bay. The existing building
would betom:",dow~tomakawayJor the new store.
The 1.95 acre site is designated on the General Land Use Plan for Commercial uses. A
gas/convenience store is consistent with that land use designation. The property is zoned
Commercial. Within that zoning district, gas stations, car washes, and convenience stores
are permitted with a CUP. There are a variety of land uses surrounding the site that are
listed below:
· East-BassettsGreek-Office Park {zened Business and . Prefessioflal-OOicewitha . PU D)
· West-SeJVicestatiOJ"l{zonedcommerciat-without a CUP)--
· North-Vacant property (zoned light industrial)
· South- TH 55 and Brookview Golf Course (zoned institutional)
The nearest residential property to this site is the apartment building on Golden Valley Rd.
between Wisconsin Ave. and Bassetts Creek.
The existing gas station was built in 1968 and there have been several improvements made
to the building since that time including the canopy, car wash bay and the recent
improvement to create a small convenience store. Since the gas station was constructed
prior to the change to the Zoning Code that now requires a CUP for a service station, there is
no CUP fortneeXlsting-busrness~ ...---------. .-.--.---
Because of the demolition of the store, any new construction has to meet the requirements of
the existing Zoning Code. As stated above, the construction of the gas/convenience store
with a car wash building requires a CUP. With the issuance of a CUP, the staff will review
certain issues and make a recommendation on whether of not to recommend approval of the
CUP.
'"",
The applicant has presented a great deal of information on this proposed CUP. There have
been numerous meetings with the applicant's development team to devise a site plat that
would be acceptable to both the City and the applicant. The Public Works Department has
been very involved in the review of this site plan because of its location at a critical
intersection and because of drainage concerns. The attached memo to Mark Grimes from
City Engineer Jeff Oliver, PE, and dated Nov. 6, 2001 addresses these concerns. Overall,
the Public Works Department is recommending approval with certain conditions.
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The following are comments from the Planning staff on certain aspects of the plans:
Building and Property - As stated above, the site is about 1.95 acres in size but much of it
is below the1 00 year flood elevation of 888 ft. The developer is proposing to fill some of the
property below this 888 ft. elevation. This must be done in a manner acceptable to both the
City and the Bassetts Creek Water Management Organization as indicated in Jeff Oliver, PE,
memo to me dated Nov. 6, 2001. The proposed building is about 4,272 sq. ft. with a 792 sq.
ft. car wash building. As indicated on the attached plans, the proposed building is located
farther to the east from Boone Ave. than the existing building. This allows for more room for
the largerparking area and pump islands. The new building is somewhat closer to TH 55 on
the south and Golden Valley Road on the north than the existing building in order to
accomadate the larger convenience store structure.
Parking -As indicated on the site plan,uthey are proposing 25 parking stalls and 16 parking .
stalls at the pump islands. There is no specific requirement for parking for this type of
gas/convenience store use. The parking requirement for service stations does not apply
because it is related to service bays. The staff suggests that the parking requirements should
be basedonJhe retail requirement oLone~pace for eVf;ry 15QSg.Jt. otretailspace for the
4,272 sq. ft. building. This requirement is 28 spaces. The staff believes that the spaces
shown on the site plan meets the requirement of the Code. It does seem reasonable to allow
1/3 of the parking spaces at the pump islands to be used to meet the parking requirement
since customers park their cars, get gas and then go into the store to buy the gas and other
convenience items such as a sandwich from the sandwich shop. Based on staff review of the
floor plan, only 23 parking spaces are required because about 30% of the space in the
building is for storage or preparation. For this 30%, it is appropriate to use the parking
requirement of one space for every 500 sq. ft. of space. Using that measure, the parking
requirement would be 23 spaces rather than 28 spaces. (The total space of the building is
4,272 sq. ft. About 2,874 sq. ft. is retail that requires 20 spaces and 1,350 sq. ft. of
storage/workroom spaces requires 3 spaces for the total of 23 spaces.) Overall, the parking
layout seems to work well and has been reviewed by the City's traffic engineer.
Car Wash - The location of the car wash appears to work well on this site. There is adequate
stacking room according to the City's traffic engineer. The car wash is a desirable element to
the site due to our harsh climate.
Setback Issues - The proposed site will not meet all the City's setback requirements. .
Therefore, the applicant is asking for certain setback variances that must be approved by the
Board of Zoning Appeals. These variances are for setback along TH 55 where the parking lot
is about 18 ft. from the right-of-way line rather than the required 35 ft. and from Golden Valley
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Rd. east of the easternmost driveway where the setback is about 25 ft. rather than the
required 35 ft. The development does meet the setback requirement along Boone Ave. N.
where the setback is 35 ft. However, the City is asking the developer to dedicate an
additional 14 ft. for future expansion of Boone Ave. The Engineer is asking that this
dedication be made prior to the issuance of any permits for the construction. The staff will
discuss with the City Attorney regarding if a variance for setback along Boone Ave. N. will be
needed if it is known the City will be obtaining an easement for future road widening. The
Planning Commission may want to give the Board of Zoning Appeals some direction on these
variances.
Traffic, Site Design and other Engineering Related Issues--Jeff Oliver's memo to me
addresses traffic and other engineering related issues. The Planning staff agrees with Mr.
Oliver so there is no need to repeat his comments.
Factors for Consideration
In approving or denying any CUP, City Code requires that findings be made on ten specified
factors. Staff evaluation of the ten factors as they relate to the current proposal is as follows:
1. Demonstrated Need for the Use: The City's standard basis for determining need is that
an applicant has identified a market for the proposed goods or services. In this case,
there has been a gas station on this corner for more than 30 years so there appears to be
an existing market for a service station.
2. Consistency with the Comprehensive Plan: The Plan map identified the proposed site
for commercial uses. A gas/convenience store is compatible with that designation.
3. Effect on Property Values in the Area: The property is currently used as service station
with a car wash bay with limited convenience goods. The proposed use is similar but
substantially upgraded. Therefore, this should not have a negative effect on property
values in the area.
4. Effect of any Anticipated Traffic Generation Upon Current Traffic Flow and
Congestion in the Area: Although there will be some increased traffic due to the
upgraded facility, the proposed use as indicated on the site plan will not have a significant
effect on traffic flow and congestion in the area. Please refer to City Engineer Jeff Oliver's
memo regarding this issue.
5. Effect on any Increase in Population: Staff does not believe that the number of
employees or customers that will be on the site during the day will cause a negative effect
on the area. The number of employees is similar to the existing gas station.
6. Increase in Noise levels: The staff does not anticipate any significant increase in noise
levels. There is the possibility that the elimination of car repair on the site could reduce
the overall noise level. The proposed store is directly adjacent to a major highway that
carries about 50,000 trips per day.
3
7. Any Odor, Dust, Smoke, Gas or Vibration Caused by the Use: The new use is similar
to the existing service station with the exception of no car repair. Therefore, no increase .
in these problems is anticipated.
8. Any Increase in Flies, Rats, or other Vermin on the Area Caused by the Use: There
will be some food prepared on the site that will have to be done in a manner approved by
the City Sanitarian. There is a screen dumpster proposed at the northeast corner of the
site. With proper disposal practices, these pests should not be a concern.
9. Visual Appearance of the Proposed Structure of Use: The structure will be completely
new and include landscaping. These matters will have to be reviewed by the Building
Board of Review. Overall, proposed BP Connect seems to be an attractive design similar
to other gas/convenience store in the metro area.
10. Other Concerns Regarding the Use: No other potential sources of impact on the
general health, safety or welfare have been identified by staff as of the time of the writing
of this memo.
Recommended Action
Staff recommends approval of the BP Connect development at 600 Boone Ave. N. The plan
appears to be well designed to meet the concerns of both the developer and the City. The
staff is recommending the following conditions:
1. The site, building and engineering plans submitted by BP Products North America Inc.
shall become a part of this approval. These plans include: Sheets SO 1 and 2 prepared .
by KK Design and dated 10/17/2001; Sheets C1-1, C1-B, and C2 prepared by Roger
Anderson and Associates and dated Nov. 15, 2001; AL T AlACSM Land Title Survey
prepared by Egan, Field and Nowak, Inc. and dated Sept. 12, 2001: and Sheets
SB02Q.1.1,SB02A2.1 (three sheets) , SB02A.2.2 prepared by WD Partners and dated
Oct. 18, 2001.
2. There shall be no use of outdoor speakers.
3. There are no limitations on hours of operation.
4. The recommendations of City Engineer Jeff Oliver, PE, as found in his memo to Mark
Grimes dated Nov. 6, 2001 shall become a part of this approval.
5. Any signage for the building and site must meet the signage requirements of City Code.
6. All applicable state, local and federal requirements shall be met including the City's
building, landscaping and fire codes.
7. Outdoor lighting shall be designed and used in such as way to minimize unnecessary light
spillover.
8. The variances requested by BP Connect must be acted on by the Board of Zoning
Appeals before this recommendation is sent to the City Council for action.
9. Failure to comply with one or more of the above conditions shall be grounds for revocation
of the CUP.
Attachments: Site Map
Memo from Jeff Oliver dated November 6,2001
Letter from Linda Fisher dated October 19, 2001
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Memorandum
Public Works
763-593-8030 I 763-593-3988 (fax)
.
Date: November 6, 2001
To: Mark Grimes, Director of Planning and evelopment
~
From: Jeff Oliver, PE, City Engineer...../
Subject: Conditional Use Plan Revie . BP Amoco - Revised Memo
Public Works staff has reviewed a Conditional Use Application submitted by BP
Products North America Inc., for a gas station and convenience store at the site of the
existing Amoco Gas Station at 600800ne Avenue North. This site is on the east side of
Boone Avenue, north of Trunk Highway 55 and south of Golden Valley Road.
Site Plan:
.
The existing use on this site is a gas station with limited convenience store use and
automobile repair service. The proposed BP Amoco building does not include any auto
repair, but does include additional convenience store use as well as a car wash and
coffee/sandwich service within the building. Because the proposed site use differs from
the existing use, the additional traffic generated is a concern for this site. In addition,
the intersections of Boone AvenLJ13 witb Highway 55 anclGolden Va"eyRoa~t Qljrr13ntly
experience congestiOn and operational problems during high traffic periods. Trunk
Highway 55 includes two eastbound left turn lanes to go northbound on Boone Avenue.-
Because of the proximity of the Amoco driveways and the intersection of Golden Valley
Road, there are frequent conflicts with turning traffic on Boone. These problems often
result in traffic backing up onto Highway 55.
Based upon these concerns, a traffic study of this site was performed by the City's
consulting traffic engineers at Short Elliott Hendrickson, Inc. (SEH). The focus of study
included the. capacity of the intersections, and the accessibility and safety of the
proposed accesses for the site. The results of this study indicated that the traffic
generated by the proposed development is not significant enough to cause further
degradation of service levels at the intersections. However, access to the site did
present several concerns.
The developers' original proposal included full access to the site from Boone Avenue, .
consistent with the existing land use. This proposal would have perpetuated the
existing turning conflicts on Boone Avenue. In addition, the access issues would have
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complicated the improvements to the intersection of Boone Avenue/General Mills
Boulevard and Trunk Highway 55 that are pending as a result of the recently approved
General Mills expansion. Based upon these concerns, the developer agreed to revise
the site plan to provide access as shown on the plans. This access includes, a right
in/right out arrangement on Boone Avenue, a right in only access on Golden Valley
Road immediately adjacent to Boone Avenue, and a full access from Golden Valley
Road near the center portion of the site.
The revised site plan has been reviewed by SEH, and the access as proposed is
acceptable. SEH provided further comment regarding internal operations within the site
that have been addressed by the developer to the extent possible.
As discussed above, the intersection at Boone Avenue/General Mills Boulevard is
scheduled for improvements in the near future. These improvements, which are due to
the existing congestion at the intersection and additional traffic that will be generated at
General Mills, are scheduled for approximately 2004 or 2005. The improvements will
include a second westbound left turn lane from Trunk Highway 55 to General Mills
Boulevard, and a second through lane for southbound traffic on Boone Avenue adjacent
to this site.
The preliminary design for the Trunk Highway 55 and Boone Avenue improvements
indicates that additional street right-of-way will be required. The developer of the BP
Amoco site has agreed to dedicate a Drainage, Utility, Roadway and Walkway
Easement to the City of Golden Valley for these improvements. This easement
dedication is shown on the site plan, and is acceptable as shown. The developer must
provide a legal description for this easement as soon as possible. The easement
document wiUbepreparedby the.City,and must be signed and submitted for recording
at Hennepin County prior to the issuance of any demolition, building or grading permits
on this site.
The developer will also be required to submit a drainage and utility easement covering
the floodplain mitigation area discussed later in this report. This easement must extend
to a point one foot above the 100 year flood level on the east side of the building. The
same requirements for easement recording as discussed above must be met for this .
easement.
Because the developer has agreed to dedicate easements for the upgrading of Boone
Avenue and provide the maximum flood storage possible on site, the City has agreed
that there will be no special assessments against this property for the reconstruction of
Boone Avenue.
Grading. Drainage and Erosion Control:
The site being considered for redevelopment is within the Main Stem subdistrict of the
Bassett Creek Watershed. Therefore, the proposed project is subject to the Water
Quality Policy of the Bassett Creek Water Management Commission (BCWMC).
G:\Developments-Private\BP Amoco\CUP Review.doc
According to the Water Quality Policy, this project is classified as a redevelopment, and .
ponding for nutrient and sediment removal is not required. However, best management
practices are required to control erosion.
The proposed redevelopment must be reviewed and approved by the BCWMC. In
addition, the project must obtain a City of Golden Valley Grading, Drainage and Erosion
Control Permit. No work can begin on site until the City permit has been issued.
One of the requirements for the City Grading, Drainage and Erosion Control Permit is
that the grading plan must be prepared according to city standards. The grading plan
submitted for review does not appear to meet these standards. Public Works staff is
working with the developer to insure the outstanding issues on the grading plan are
addressed. The plan will not be forwarded to the BCWMC until these issues are
addressed.
A large portion of the site being considered for redevelopment is within the 100-year
floodplain of Bassett Creek. The proposed grading plan includes the placement of fill to
raise more of the site above the 1 OO-year flood elevation of 888.0 feet. Therefore,
accordingto City code and BCWMCpolicy, compensating flood storage must be
.u.provided; -- The grading plan indicates that the required flood storage mitigation will be
provided on the eastern portion of the site, between the new building and Bassett
Creek~.------------------ --~-_._------------.-. .
The developer's submittal also includes an alternate grading plan (Sheet CI-B) that
identifies additional flood storage above and beyond the mitigation volume required for
this project. Staff is recommending that the developer be required to provide this extra
flood storage, which is critical in this reach of Bassett Creek upstream of the Wisconsin
Avenue control structure, as a requirement of the Conditional Use permit.
.
- As discussed above; this redevelopment is not required to provide any nutrient and
sediment removal-ponding. The developerhasdesigned the-site so all on-site storm
sewer is routed to the eastern portion of the site and is discharged into the floodplain
mitigation area. The storm sewer outlet from the floodplain mitigation area has been set
at an elevation that will allow the floodplain mitigation area to serve as an infiltration
basin. The plans also identify a sump manhole in the storm sewer to capture additional
sediment prior to discharge from the storm sewer system. Therefore, the plans
submitted appear to provide water quality benefits above and beyond what is required
by the BCWMC.
Utilities:
The existing service station on site is currently connected to City sanitary sewer and
water mains. However, there is a history of problems with the services to this site. The
utility plan does not show these services into the site, or indicate any revisions to the .
existing services. Staff recommends that the sewer and water services be
reconstructed, including installation of pilings, to the connection point with the City
G:\Developments-Private\BP Amoco\CUP Review.doc
..
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.
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system. Therefore, the plans must be revised to address the utility service concerns,
and be resubmitted and approved prior to issuance of any utility permits for the site.
Summary and Recommendations:
Public Works staff recommends approval of the Conditional Use Permit for BP Connect
at 600 Boone Avenue North subject to the comments contained in this review. These
comments are summarized as follows:
1) The roadway, drainage, utility and walkway easements as shown on the plans
adjacent to Boone Avenue are dedicated to the City as a condition of approval.
2) The developer provides the maximum flood storage volume possible, as shown
on Sheet C1-B of the plans, as part of this project. A drainage and utility
easement shall also be dedicated over the flood mitigation area.
3) The grading plan is revised to comply with City standards prior to submittal to the
Bassett Creek Water Management Commission for its review and approval.
4) Subjectto the comments ofother City staff;
Please feel free to call me if you have any questions regarding this matter.
C: Jeannine Clancy, Director of Public Works
AI Lundstrom, Environmental Coordinator
Mark Kuhnly, Chief of Fire and Inspections
m GaryJQhnsQn,BuildingQfficiaL___
Ed Anderson, Deputy Fire Marshal
Linda Fisher, Larkin, Hoffman, Daly & Lindgren, Ltd.
G:\Developments-Private\BP Amoco\CUP Review.doc
ROBERT L. HOFFMAN
GERALD H. FRlEDELL
EDWARD J. DRISOOLL
JOHN O. FULlMER
FRANK I. HARVEY
CHARLES S. MODELL
CHRISTOPHER J. DIETZEN
UNDA H. FISHER
THOMAS P. STOLTMAN
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SWIERZEWSKI
THOMASJ. FLYNN
JAMES P. QUINN
TODD I. FREEMAN
GERALD L. SECK
JOHN B. LUNDQUIST
DAYLE NOlAN.
JOHN A. COTTER'"
PAUL B. PlUNKETT
ALAN L. KILDOW
KATHLEEN M. PICOTTE NEWMAN
GREGORY E. KORSTAD
GAR( A. VAN a..EVE *
TIMOTHY J. KEANE
MICHAELW. SCHLEY
TERRENCE E. BISHOP
GARY A RENNEKE
CHRISTOPHER J. HARRlSTHAL
KENDEL J. OHLROOGE
BRUCE J. DOUGLAS
WILUAM C. GRIFFITH, JR.
JOHN R. HILL
PETER J. COYlE
LARRY D. MARTIN
JANE E. BREMER
JOHN J. STEFFENHAGEN
MICHAEL J. SMITH
ANDREW F. PERRIN
FREDERICK W. NIEBUHR
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 WELLS FARGO PLAZA
7900 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (952) 835-3800
FAX (952) 896-3333
October 19,2001
Mark Grimes
Director of Planning and Development
City of Golden Valley
7800 Golden Valley Road
Golden V"~leY~Mi11J.!eso!~5?~_27
Re:
BP Connect Conditional Use Permit and Variance Application
Northeast Quadrant of Trunk Highway 55 and Boone Avenue
Our File No. 14,918-55
Dear Mr. Grimes:
WILLIAM G. THORNTON
DOUGLAS M. RAMLER
LYNN M. STARKOVICH
ANN M. MEYER
STEPHEN J. KAMINSKI
THOMAS F. ALEXANDER
DANIEL T. KADLEC
SHARNA A. WAHLGREN
PAUL H. MCDOWALl .
ADAM S. HUHTA ...
ALEYA R. CHAMPliN
NICHOLAS AJ. VUETSTRA
JAMES M. SUSAG'"
DANIEL J. BALUNTlNE
JOHN A MACK
JEFFREY O. CAHILL
SEAN O. KELLY
SONYA R. BRAUNSCHWEIG
JOSEPH J. FITTANTE, JR.
JONATHAN J. FOGEL
CYNTHIA M. Kl.AUS
MARK D. CHRISTOPHERSON
NEAL J. BlANCHETT
TAMARA O'NEILL MORELAND
JAMES A MCGREEVY, III
THOMAS A. GUMP *
TODD A TAYlOR
CHRISTOPHER J. OElKE
GENEVIEVE A BECK
MARLA M. ZACK
DIONNE M. BENSON
JEREMY C. STIER
CHRIS M. HEFFElBOWER
OF COUNSEl
JAMES P. LARKIN'"
JACKF. DALY
O. KENNETH UNDGREN
. ALSO ADMfTTEO IN WISCONSIN
.
BP Products North America Inc. ("BP") has applied to the City of Golden Va-Itey ("City") for approval of
a conditional use pennit arid setback variances for a company owned arid operated BP Connect store
("Project") on the 1.95 acre Amoco service station site ("Site") at the northeast quadrarit of Trunk
Highway 55 and Boone Avenue. The existing facilities consist of an Amoco gas station/convenience
store with two repair bays and an attached car wash. These facilities will be replaced with a 4,272 square
foot convenience store with self-service fuel pumps and a 792 square foot detached car wash.
Automotive repair will no longer be provided on the Site.
The BP Connect store will feature the Wild Bean Cafe. The Wild Bean Cafe will offer gourmet coffee, a
selection of herbal teas and fountain beverages, breads and pastries baked in the store, specialty soups,
custom-made sandwiches, and fresh salads. In-store Internet kiosks will allow customers free access to
weather updates, local traffic reports, directions, breaking news stories and information on special store
. promotions.
Wide-open aisles and lower display shelves make products easy to find and reach. Expansive plate glass
windows will allow consumers to see products from the outside. Parking is conveniently located in front
and to the side of the BP Connect store.
.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mark Grimes
. October 19,2001
Page 2
The Project will feature a full slate of Amoco fuels. This includes Amoco Regular, Amoco Silver, and
Amoco Ultimate, BP's uniquely formulated premium gasoline, that has lower sulfur content, which
lessens the level of harmful emissions.
At the fuel pumps, customers can use "touch-and-go" screens to pre-order sandwiches and drinks, and
obtain local news, traffic and weather information. A solar canopy over the fuel islands will protect
consumers from the elements and allow daylight to shine through to create a bright, open and friendly
environment. Thin-film solar technology will be embedded in the canopy and will generate renewable
electricity directly from sunlight.
The BP Connect store will be a one-story structure approximately 16 feet in height. Exterior materials
will include stucco (EIFS), aluminum clad material (ASM) and an aluminum and glass storefront and
entry system. Aluminum and glass overhead doors will also be used at the car wash bay. The detached
trash enclosure, located northwest of the BP Connect store, will be constructed of similar building
materials and will have an 80% opaque surface for enhanced screening.
Project lighting meets applicable City Code provisions. Parking lot lighting will include shoebox fixtures
with metal halide lamps on 20-foot tall poles. Site lighting will be directed downward and will not
spillover to adjacent properties or roadways. The BP Connect store will be lit by wall-mounted fixtures
. with solid fronts that will serve as accent lighting. Security lights will be used at entry areas and in the
rear of the building.
Proposed Project signage also complies with City Code requirements. One 62 square foot freestanding
pylon sign is proposed at the south property line as shown on the submitted site plan. One entry canopy
wall sign (72 square feet) and one logo (30.25 square feet) are also proposed. Three 9 square foot logos
(27 square feet in total) are proposed for the pump island canopy. Total proposed Project signage (191.25
square feet) is slightly less than total allowed Project signage (192.6 square feet).
Most of the Site is located within the Bassett Creek floodplain (elevation 888). As required by City and
Bassett Creek WMO regulations, floodplain compensatory storage is provided in the rear (east) of the Site
to compensate for necessary floodplain fill. A net floodplain volume increase of 40 cubic yards is
proposed (2,310 cubic yards floodplain fill v. 2,350 cubic yards of floodplain excavation; see Grading,
Drainage and Erosion Control Plan, CI-A). As shown on submitted Exhibit CI-B, after development of
the Project, an additional 1,225 cubic yards of floodplain storage could be created on the Site by
excavation. There is a critical need for compensatory floodplain storage in this watershed. Based on
discussions with City staff, BP proposes to grant the City an easement for excavation of excess floodplain
storage for public purposes, subject to approval of the submitted conditional use permit and variance
applications.
To accommodate future planned roadway improvements at Boone Avenue and Golden Valley Road,
Project runoffwill be piped to the east floodplain compensatory storage area. Sump catch basins will be
installed to skim floatables and collect sediment. The Project does not require any major changes to
. existing or planned municipal utilities. Sanitary sewer and water facilities adjacent to the Site will meet
Project requirements.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mark Grimes
October 19,2001
Page 3
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The submitted landscape plan incorporates species recommended by City staff. Landscape plantings that
are tolerant to salt and snow are located adjacent to the drive lanes and parking stalls. Eight arborvitae,
trimmed at 7 feet high, will be planted around the trash enclosure to maximize screening and buffering of
the structure. The perimeter of the Site will be ringed with landscape plantings to enhance overall visual
appeal and accent the entry drive on Boone Avenue. Plantings are also proposed at the base of the free-
standing sign at the south property line. Landscaped and sod areas adjacent to the BP Connect store and
immediate parking areas will be equipped with an automatic underground sprinkler system.
Internal access, circulation and parking meet City Code requirements and reflect recommendations made
by SEH, the City's consulting traffic engineer. The submitted site plan shows two access points to Boone
Avenue. The inbound south driveway is a right-in-only drive and is slanted for this purpose. SEH
believes this design better accommodates tanker trucks and allows ready access to the pumps and to
convenience store parking. As recommended by SEH, the north driveway on Boone Avenue is
designated a one-way outbound, right turn only. This will reduce the potential for inbound traffic
interfering with the circulation of traffic on Site, and will accommodate both tank trucks leaving the Site
to go north, and interior eastbound flow.
The two proposed access points to Golden Valley Road are also consistent with SEH's recommendations.
A right-in only driveway from Golden Valley to the west side of the pump islands is shown. This offsets
some of the negative impacts of the restricted driveways onto Boone Avenue and enhances circulation
through the Site. The submitted site plan also shows a full access driveway to Golden Valley Road to the
east side of the pump islands.
.
The Project exceeds City parking requirements (1 space per 150 square feet of retail floor area). Twenty-
eight parking spaces are required and 30 parking spaces are provided (24 standard parking stalls, one
handicapped stall and 16 pump island stalls allowed at one third ratio). Stacking for the car wash is
"extremely adequate and should present no problems for circulation." (SEH Traffic Study, July 18,
2001). The car wash feeds off of traffic facing the store at the gas pumps. This traffic then proceeds to
the car wash exits without driving back in front of the BP Connect store.
Conditional Use Permit
The Site is zoned Commercial Zoning District. Automotive service stations, convenience food stores, and
car washes are conditional uses in the Commercial District. The Project requires City Council approval of
a conditional use permit.
The Project positively addresses the factors the Planning Commission and City Council must consider in
acting upon BP's conditional use permit application (see Zoning Ordinance, ~ 11.80, subd. G):
1. Demonstrated need for the proposed use
The Site is well situated in proximity to three major roadways to serve the automotive fuel
needs of the motoring public. The long-term viability of the existing Amoco facility attests
to the market demand for this type of land use on the Site. Much of the surrounding area is
guided and zoned for commercial or multi-family use. The BP Connect convenience store
and Wild Bean Cafe will also serve the convenience products and convenience food
.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
\ Mark Grimes
. October 19, 2001
Page 4
.
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service needs of the more recently developed Valley Creek PUD and proposed office and
day care uses. Golden Valley Road provides easy access to the Site from business and
employment concentrations near City Hall. There are few other automotive convenience
facilities along the Trunk Highway 55 Corridor in the City. Therefore, the Project serves a
need for this type of use in this location.
2. Consistency with the Comprehensive Plan
The Site is designated Commercial in the City Comprehensive Plan. The Project is
consistent with the current land use designation. The existing Commercial District zoning
is also consistent with the land use guiding.
3. Effect upon property values in the neigJ.lboring area
The land use proposed for the Project is substantially similar to the existing land use on the
Site. The Wild Bean Cafe, the Internet technology and convenience store decor and design
collectively represent, however, a substantial upgrade and improvement over the existing
facility on the Site. Therefore, the Project is not expected to have a negative impact on
property values in the surrounding area.
4.
The effect of anticipated traffic generation upon the current traffic flow and
congestion in the area
Under the direction ofthe City Engineer, SEHconducted a traffic study of the proposed
Project on the Site in July 2001 ("SEH Traffic Study"). The SEH Traffic Study is on file
in City offices. The SEH Traffic Study found that the existing facilities on the Site
generate 134 vehicle trips in the a.m. peak hour and 164 vehicles in the p.m. peak hour.
The proposed Project will generate 191 vehicle trips in the a.m. peak hour and 255 vehicle
trips in the p.m. peak hour. The increase in vehicle trips is due to the increase in the
number of fuel pumps, the increased size of the convenience store building, and the
addition of the Wild Bean Cafe to the convenience store.
The SEH Traffic Study documents that the T. H. 55/Boone Avenue intersection currently
operates at a LOS D in the a.m. peak hour and at a LOS C-D in the p.m. peak hour. Some
individual movements are operating at LOS E or F under existing conditions. Also, the
southbound traffic into the intersection is backing up from T. H. 55 to Golden Hills Drive
on Boone Avenue.
Adding future volumes (both background growth and development traffic, BP and General
Mills) to the intersection of Trunk Highway 55 and Boone Avenue will worsen traffic
operations. However, it is important to note that the Project's contribution to the projected
p.m. peak hour trips at the intersection is less than 1 %. To mitigate the level of service and
the southbound backup at the intersection of Trunk Highway 55 and Boone Avenue, the
SEH Traffic Study suggests adding capacity to improve operations by coordinating signal
timing at the intersection of Boone Avenue and Golden Hills Drive with that of the
intersection of Trunk Highway 55 and Boone Avenue; adding dual westbound turn lanes at
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mark Grimes
October 19,2001
Page 5
I
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the intersection of Trunk Highway 55 and Boone Avenue; and adding dual southbound
through lanes at the intersection of Trunk Highway 55 and Boone Avenue. These roadway
improvements were generally identified in the General Mills EA W. In combination, they
improve the level of service significantly and eliminate the southbound backup on Boone
Avenue.
The City is proceeding with plans to implement the intersection improvements
recommended in the SEH Traffic Study. Based on consultation with SEH, the City
identified anticipated right-of-way needs at the Site. Consistent with this direction, the
submitted site plan shows a possible future easement approximately 14 feet east of the
current property line. The proposed Project thus accommodates the future planned
roadway improvements at Trunk Highway 55 and Boone Avenue.
5. Effect of increases in population and density upon surrounding land uses.
The proposed Project is not expected to substantially increase the population or density of
the Site as compared to the existing facilities. The minor increase in traffic congestion
projected can be accommodated by planned roadway improvements.
6.
Increase in noise levels to be caused by the proposed use.
The proposed Project will not have a significant effect on existing noise levels at the Site
or in the surrounding area.
.
7. Any odors, dust, smoke, gas or vibration to be caused by the proposed use.
The proposed land use is substantially similar to the existing land use. Therefore, no
appreciable change is expeCted in environmental conditions described in the preceding
finding. No unusual odors .or vibration will be generated by the Project.
8. Any increase in flies, rats, or other animals or vermin in the area could be caused by
the proposed use.
The Project includes a freestanding, screened trash enclosure that meets all applicable City
Code requirements. On-site preparation of beverages, breads and pastries, and soups,
sandwiches and salads will comply with all applicable health code requirements.
9. Visual appearance of any proposed structure or use.
The exterior materials proposed for the BP Connect store and the detached car wash
building meet City guidelines. Board of Review input will be solicited consistent with
City procedures. New landscape plantings around the perimeter and in the interior of the
Site will enhance the overall visual appearance of the property.
.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
\ Mark Grimes
. October 19, 2001
Page 6
10. Any other effect upon the general public health, safety, welfare of the City and its
residents.
The Project will not adversely impact the public health, safety or welfare. It is consistent
with the existing zoning and guiding of the Site and represents a substantial upgrade and
improvement of the existing facilities on the property. Floodplain compensatory storage
will be provided as required by the City and Bassett Creek WMO. An easement for excess
floodplain storage will be made available to the City upon request. Sump catch basins will
be installed to improve water quality. Planned roadway improvements will adequately
accommodate projected traffic generation. The submitted site plan reflects the City's
anticipated future right-of-way needs and access and circulation recommendations set forth
in the SEH Traffic Study.
Setback Variances
The Site abuts three public streets. In such cases, the City's Zoning Ordinance requires a 35-foot
building, parking and drive lane setback. The convenience store and car wash meet applicable building
.- .. setbacks. The majority of the Project's parking and drive lanes also meet or exceed required setbacks.
The Project does, however, require two setback variances. The southerly drive lane and parking stalls
require a 17-foot variance. The southern drive lane and parking are located within 2 feet of the existing
bituminous edge. The easterly portion of the northern drive lane requires a 10- foot setback variance.
Both of these variances are illustrated on the submitted site plan.
The proposed Project is a reasonable use of the Site under existing guiding and zoning. Strict compliance
~th the 35-foot setback requirement results in an undue hardship due to circumstances unique to the
property. As noted above, three streets adjoin the Site which results in three 35-foot front yard setbacks
under the City Code. In addition,. there is an extraordinary setback from Bassett Creek which is located
on the eastern portion of the Site. Most of the Site is located in the Bassett Creek floodplain. One third of
the Site is unusable, due to floodplain compensatory storage requirements and poor soils.
Redevelopment of the Site is also constrained by anticipated future right-of-way for planned roadway
improvements. A possible future 14-foot easement east ofthe current property line is shown on the
submitted site plan to accommodate the Trunk Highway 55/Boone Avenue improvement. This
improvement also eliminates the ability of the Site to discharge stormwater runoff to the street, thereby
resulting in additional expense to install stormwater piping to the eastern floodplain mitigation area.
As described in introductory paragraphs of this narrative, BP proposes to grant the City an easement to
allow excavation of approximately 1,225 cubic yards of floodplain storage on the eastern portion of the
Site. There is a critical need for compensatory floodplain storage in this watershed. BP is willing to
cooperate with the City to help address this public need. Thus, the public, as well as BP, will benefit from
. the proposed Project on the Site.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mark Grimes
October 19,2001
Page 7
If you have any questions concerning the Project in general, the submitted drawings or this narrative,
please feel free to call me.
Sincerely, ~
o?n~ d~
Linda H. Fisher, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
cc: Vitas Maciukevicius, BP Products North America Inc.
Jeff Wurst, BP Products North America Inc.
John Kosmas, KK Design
Mark Jaster, Roger A. Anderson and Associates, Inc.
712687.1
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Hey
e randum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject:
Informal Public Hearing on Minor Subdivision of the Lots at 609 and 613
Turnpike Road - Joe Silitz, Mary Youngren, and Will Fisher, Applicants
Date:
November 8, 2001
Background
Joe Silitz and Mary Youngren of 609 Turnpike Road, and Will Fisher of 613 Turnpike Road,
(Me-requesting thattheprop-erty lineriJetween their two properties be redrawn tdcdffect-----,-
driveway, shed and retaining wall encroachments, and to allow the homeowners at 609
Turnpike Road to build a third stall garage.
Qualifications as a Minor Subdivision
The two lot subdivision qualifies as a minor subdivision because the properties are part of an
existing, recorded plat, create fewer than four lots, and do not create the need for any
additional public improvements. The applicants have submitted the required information to
the City that allows for the subdivision to be evaluated as a minor subdivision.
-.....""""...
Staff Review of the Minor Subdivision
Since this minor subdivision is located on an existing platted street with access to utilities, the
application is pretty straight forward. The properties do not lie within a floodplain. The City
Engineer, Jeff Oliver, PE has reviewed this minor subdivision and has found it to be
acceptable. The site plan submitted by the applicants have all of the required information as
stated in City Code Section 12.50.
As part of this minor subdivision, the homeowner at 609 Turnpike is proposing to build an
attached third stall garage. This garage would be 18 feet wide and 26 feet deep and will
conform to the 15 foot required building setback if the minor subdivision is approved.
The home at 613 Turnpike was built in 1947 and the home at 609 Turnpike was built in 1951.
Section 12.50, Subd. 3 of the Subdivision Code states that lots in a minor subdivision must
meet the requirements of the appropriate zoning district. In this circumstance, the Residential
zoning district requires that all lots must be 10,000 sq. ft. in area, have at least 80 ft. of width
at the front setback line, and meet building setback requirements. After the proposed minor
subdivision, these lots will meet most of those requirements.
nonconformities for each property:
The following are the
.
609 Turnpike Road:
1. The shed on the property now encroaches over the lot line between the two
properties. After the proposed minor subdivision, the shed will no longer encroach, but
will still not meet the accessory building requirements of the Zoning Code (not located
completely behind the home and not 5 feet from the lot line). Since the shed is
located on logs and is movable, staff will require the applicants to move the shed to
conform with accessory building requirements.
613 Turnpike Road:
1. Front yard setback - The required building setback for a front yard is 35 feet.
The existing home is only 29.2 feet from the front yard property line along Turnpike
Drive. The proposed minor subdivision will have no effect on this situation. No
variances have ever been granted for this setback.
2. North side yard setback - The required north side yard building setback is 15
feet. The existing garage is now only 8 feet at its closest point to the north side yard
property line. After the proposed minor subdivision, this will increase to 10.3 feet.
This still falls short of the required setback requirement, but the situation is improved .
with the minor subdivision. No variances have ever been granted for this setback.
Qualification Governing Approval as a Minor Subdivision
According to Section 12.50 of the City's Subdivision Regulations,
regulations governing approval of minor subdivisions:
the following are tl'1e
1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements
of the appropriate zoninQ district. In this case, each of the two proposed lots have
nonconforming buildings that do not meet the requirements for lots in the Residential
zoning district. Therefore, a variance from these conditions must be approved by
the City Council in order for the minor subdivision to be approved. The
nonconformities are stated above.
2. A minor subdivision may be denied if the City EnQineer determines that the lots are
not buildable. In this case, there are already homes on each of the two lots.
3. A minor subdivision may be denied if there are no sewer and water connections
available or if it is determined by the City EnQineer that an undue strain will be
placed on City utility systems by the addition of new lots. In this case, sewer and .
water lines are available to provide service for both homes. The existing street
system is more than adequate to provide access to both homes.
2
.
4. Approval of the minor subdivision may require the qrantinq of certain easements to
the City. The final plat would show all necessary easements as required by the City
Engineer. .
5. If public aqenciesother than the City have iurisdiction of the streets adiacent to the
minor subdivision, the aqencies will be qiven the opportunity to comment. In this
case, no other agencies have any jurisdiction.
6. The City may ask for review of title if required by the City Attorney due to dedication
of certain easement. The City Attorney will determine if such a title review is
necessary prior to approval of the final plat.
7. The minor subdivision may be subiect to park dedication requirements. The policy
oUhe City has been that there will be no park dedication required if the new
subdivision does not create any new lots for development. In this case, there will be
no new lots created by the minor subdivision. Therefore, no park dedication will be
recommended.
Variance Criteria from the Subdivision Code
As stated above, the approval of this minor subdivision will require variances to the
~~_-_____BubdivjsionJ~ooe.._IheSubdivisjonCode states that.the ..CounciL-maY9rant vari.an.Ges-as----
. long as there is a finding that the following conditions are met:
1. There are special circumstances for conditions affecting said property so that the
strict application of the provisions of the Subdivision Code would create an unusual
hardship and deprive the applicant of the reasonable use of his land. Economic
difficulty or inconvenience shall not constitute a hardship situation for the purpose of
this Code.
2. The variance is necessary for the preservation and enjoyment of a substantial
prope~ght of the petitioner._
3. The granting of the variance will not be detrimental to the public welfare or injurious
to other property in the neighborhood in which said property is situated.
The Code states that the City shall consider the nature of the proposed use of the land, the
existing use of land in the vicinity, and the number of people who will reside in the
subdivision, and how traffic conditions will be affected by the additional development in the
subdivision. The City may prescribe conditions to the variance. The Planning Commission is
expected to make a recommendation on the variance request.
.
Recommended Action
The staff recommends approval of the minor subdivision and the variances needed to permit
the non-standard lot. It would seem to be in the best interest of the City to allow this minor
subdivision to eliminate the driveway, shed and retaining wall encroachments and to improve
the nonconforming building setbacks for 613 Turnpike Road. The minor subdivision will also
allow the homeowner at 609 Turnpike to build a third stall garage without requesting a
variance from the Zoning Code.
3
Staff recommends approval of the proposed Minor Subdivision and Subdivision Code
variances with the following conditions:
1. The existing shed at 609 Turnpike Road be relocated on the property to conform
with Accessory Building setback requirements in the Residential zoning district.
2. The City Attorney will determine if such a title review is necessary prior to approval
of the final plat.
3. The Certificate of Survey submitted by the applicants, dated October 17, 2001,
shall become a part of this approval.
Attachments:
· Location Map
· Photographs of the two properties
· Certificate of Survey for both properties
4
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.
.
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Hey
Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Planning Commission
From:
Dan Olson, City Planner
Subject:
Informal Public Hearing on Conditional Use Permit to Allow Indoor Sales
of Autos at 9130 Olson Memorial Highway - Auto Point Ltd., Applicant
Date:
November 7,2001
Background
.
Auto Point, Ltd., represented by Michael Povolotsky, is requesting an amendment to the
conditional use permit (CUP) they recently received. That CUP allowed outdoor sales of
late model used and ne'N vehicles at 9130-OIson Memorial Highway. Copies of the Planning
Commission report, Planning Commission minutes from September 24, 2001, and CUP
Permit approved by the City Council on October 16, 2001 are attached for your reference.
This amendment to the CUP is to allow indoor sales of those same automobiles. According
to City Code Section 11.30, Subd. 4 (N), automobile showrooms are allowed in the
Commercial zoning district as a Conditional Use.
Proposed Use of Interior of Building
The attached interior site plan shows the area where the automobiles would be displayed.
The only proposed change to the interior of the building is to add a pull-down garage door.
The Inspections Department has also reviewed this proposal. Their comments are also
attached for your review.
The applicant is proposing to have an indoor showroom for 20 cars. According to Deputy
Fire Marshall Ed Anderson, it is feasible to display that number of automobiles in the building.
The recently approved CUP allows for the outside sale of 20 vehicles and the designation of
15 spaces for employee and customer parking. Therefore, the applicant is proposing to
display 40 automobiles on the property. According to City Code Section 11.30, Subd. 6 (M),
the following are the parking requirements for both the indoor and outdoor sale of vehicles:
"At least one (1) parking space for each three (3) employees, plus one (1)
parking space for each 1,000 square feet of display area (inside and outside)"
. Based on this requirement, the applicant is required to provide 10 parking spaces for this use.
There are 15 parking spaces provided on the site for customers and employees.
"
Factors for Consideration
.
In approving or denying any CUP, City Code requires that findings be made on ten specified
factors. Staff evaluations of those factors as they relate to the current proposal are as
follows:
1. Demonstrated Need for the Use: The City's standard basis for determining need is that
an applicant has identified a market of the proposed good or service. That criterion has
been met in this case.
2. Consistency with the Comprehensive Plan: The Comprehensive Plan Map identifies
the proposed site for long-term commercial.uses. Car sales, by conditional use, are
considered consistent with this land use designation.
3. Effect on Property Values in the Area: Since there are similar property uses in the area
and there have recently been car sales in the area (Avis or Hertz sold used cars across
the street from Wendy's several years ago without any negative consequences), the CUP
will not have a substantial impact on property values.
4. Effect of any Anticipated Traffic Generation Upon Current Traffic Flow and
Congestion in the Area: Due to the nature of the proposed car sales, it is not
anticipated that a great deal of traffic will be generated from the proposed use. They
expect to have 10-20 visitors per day plus the 6-8 employees. (Total trips generated from .
the site would be less than 100 per day.) The hours of operation will be 9 AM to 7 PM
Monday - Thursday, 9 AM to 6 PM Saturday and closed on Sunday. This is less traffic
than when the building was used as a drive-through claims office for Farmers Insurance.
5. Effect on any Increase in Population: Because this is a commercial use, the permanent
population of Golden Valley will not increase due to the business. There will be an
additional 6-8 employees that will add to the City's daytime population.
6. Increase in Noise Level: At this time, staff has no reason to expect that noise impacts
will extend beyond the site. As stated above, there will be no mechanical or bodywork
done on the site. No outside microphone would be permitted on the site.
7. Any Odor, Dust, Smoke, Gas, or Vibration Caused by the Use: This type of car sales
operation is not expected to cause any issues regarding odor, dust, gas or vibration.
8. Any Increase in Flies, Rats, or other Vermin in the Area Caused by the Use: It is not
anticipated that this type of car sales will increase any of these pests in the area.
9. Visual Appearance of the Proposed Structure or Use: Since this CUP is for an interior
use of the building, the outside visual appearance of the building will not be affected. For
the CUP recently granted, the site was not changed with the exception of a new pylon
sign and other signage that must comply with the City's sign code. There will be more .
cars parked or stored in the parking lot as a result of this business.
2
10. Other Concerns Regarding the Use: Since there will be no auto repair taking place on
. the site, the staff does not see any other issues to address.
Recommended Action
Staff recommends approval of the CUP to allow indoor sales at 9130 Olson Memorial
Highway. Since the CUP for outdoor sales was recently approved, for this CUP application
staff has amended the conditions for approval so that both Permits are covered.
1. The site be limited to the sale of 20 vehicles and that 15 spaces be designated for
employee and customer parking (see attached site plans that require little or no changes
from when it was owned by Farmers Insurance).
2. All signage meets the requirements of the City's sign ordinance. No signs shall be
displayed on the automobiles nor on the windows of the building.
3. The recommendations of Deputy Fire Marshal Ed Anderson found in his memo to Dan
Olson dated September 10, 2001 become a part of this approval.
4. The Building Official shall approve any additional lighting of the site. Lighting shall be
turned down after 10 PM.
. 5. No more than 8 employees shall work at the site due to parking constraints.
6. The hours of operation for the sale of cars shall be limited to 9 AM Monday-Saturday.
There shall be no sales of vehicles on Sunday.
7. No outside microphone shall be permitted on the site.
8. All otherapplicablelocal, state, and federal requirements shall be met.
9. Failure to comply with one or more of the above conditions shall be grounds for revocation
of the conditional use permit.
Attachments:
· City Code Section 11.30, Subd. 4
· Minutes of the September 24, 2001 Planning Commission Meeting
· Staff Memo to the Planning Commission dated September 19, 2001 and
attachments
. Interior Site Plan
.
3
K. Pool halls.
S 11.30
.
L. Class II restaurants (drive-in, fast food, etc.)
Source: Ordinance No. 609
Effective Date: 11-11-83
M. Class III restaurants, bars, night clubs, etc.
N. Sales, or show rooms (auto, machinery, boats, etc.)
O. Unattended business operations, such as vending machines, coin
or token operated machines and equipment, and other similar uses.
P. Video game arcades.
Source: Ordinance No. 615
Effective Date: 5-25-84
a. Heliports, as herein defined.
Source: Ordinance No. 643
Effective Date: 11-16-84
R. Child Care Facilities, as defined in this Chapter.
Source: Ordinance No . 712
Effective Date: 6-23-88
.
S. Marine Engine Repair.
Source: Ordinance No.4, 2nd Series
Effective Date: 8-25-88
Subdivision 5. Restricted Uses. No premises shaH be used wholly or in
part for the storage of any material whatsoever except where such materials.are stored in
a building and where the character of such buildingconforms with the general
development of a Commercial District and no building or premises in the Commercial
District shall be used for any kind of manufacture, repairing, alteration, converting or
finishing which uses mechanical power aggregating more than five (5) horsepower per
2,000 feet of ground area. Ground area means the total area of the lot or parcel of land on
which a building using mechanical power is located and not just the area of the part of the
lot or parcel of land actually covered by the building.
Subdivision 6. Loading and Parking Requirements.-Atleast one off-street
loading and unloading area shall be provided for each business establishment located
within a Commercial Zoning District. Off-street parking requirements for each use allowed
in a Commercial Zoning District shall be as follows: .
GOLDEN VALLEY CC
280
(6-15-98)
Minutes of the Golden Valley Planning Commission
September 24, 2001
Page 7
.
IV.
Informal Public Hearing - Conditional Use Permit (CU-90)
Applicant: Auto Point, Ltd.
Address: 9130 Olson Memorial Highway, Golden Valley, MN
Purpose: The Conditional Use Permit would allow for outdoor sales of used
automobiles in a Commercial zoning district.
Grimes referred to his memo dated September 19, 2001 and stated the applicant is
applying for a conditional use permit that would allow outdoor auto sales in a
commercial zoning district. He stated the applicant isn't planning to make any changes
to the building or the site at all. He stated that the applicant would like to have 30 cars
parked outside, but that he would feel more comfortable allowing 20 cars on the site.
He referred to the Deputy Fire Marshal's memo dated September 10 and stated that he
would like to make sure the fire lanes are left open.
Grimes stated this building is approximately 5,400 square feet in size and itmeets the
parking requirements for the existing use but since the applicant is proposing to change
___the use they wouldneedto havamorB_J:lastated_thatthere.isJlOOn_street parking__.
. allowed at this site. He referred to the letter submitted by the applicant, which
explained their hours of operation, how many visitors they expect in a day and how
many employees they have. Grimes stated the applicant isn't planning on installing any
new lighting, but he put in his recommendations that if they do add lighting to the site, it
has to be approved by the building official and turned down after 10:00 PM. He stated
the applicant has indicated that the cars will be new or late model cars, not junk cars.
Pentel asked if they are planning to use the bays shown on the plans to do any clean
nu-up\)fihe-carsinthe-buildin~-Grimes-stated tllat they've illdicated tllat t1leywont--be
doing any clean up and that they contract that service out to a different company.
Shaffer asked if public safety is concerned about having another car dealership in that
area. Grimes stated that he hasn't talked to public safety about this proposal because
there had been a car operation there previously and there weren't any problems.
Rick Foreman, applicant, stated they are not seeking any variances and that his
proposal is in compliance with the zoning code and the comprehensive plan for Golden
Valley.
.
Pentel asked where the business is currently located. He stated that they were formerly
located in St. Louis Park but that they are now located at 9130 Olson Memorial
Highway in Golden Valley and that they've already signed a lease for the property, they
are just waiting for approval on the conditional use permit before they can open for
business.
Minutes of the Golden Valley Planning Commission
September 24, 2001
Page 8
Pentel asked how many cars they would have to move through their business in a week .
to support eight employees when there are only 20 cars on the lot. Foreman stated
they are also going to be seeking approval to add an indoor showroom to their lot, but
stated that this is not a high volume retail dealership and that they service a certain
niche with pre-order and special order cars for their customers.
Shaffer referred to the staff report where it mentioned that a portion of the sales are
done through the Internet and asked what percentage of the cars are actually on the
lot. Foreman stated that quite a few of the cars don't even come to the lot but are
delivered directly to the people that order them.
Rasmussen asked what the signs might look like and if there would be signs on the
cars. Foreman stated that they are going to use the existing pylon sign and that there
would be no balloons, banners or streamers.
Groger asked if they receive the cars individually or if they would be receiving a lot at
one time. Foreman stated that the cars are transported on car carriers and that they
would probably only receive a few at a time. Groger asked what the maximum number
of cars they've had on their lot at one time is. Foreman stated approximately 20 and
that quite a bit of their inventory is kept at a reconditioning facility in Minnetonka.
Groger asked ifthey are going to make any changes to the parking configuration: .
Foreman stated they haven't thought about doing anything to reconfigure the parking.
Grimes asked when they receive the cars where the trucks park and how long it
typically takes to unload them. Foreman stated that the driveway is wide enough to
allow the truck to pull into the lot.
Pentel opened the public hearing.
Marlin Bloom, 9141 Olson Memorial Highway stated he objects to this car lot being
across the street from his home. He stated concerns about lights, flags and activity
being there that isn't there now.
James Peters, 9145 Olson Memorial Highway stated that due to the age and
configuration of the frontage road on the north side of Highway 55 he has concerns
about how this proposal would affect traffic. He stated he is happy that there will be no
signs or banners on the cars but that traffic is already congested at the Boone and
Highway 55 intersection and this would be an additional burden on that area.
Benjamin Pale, no address given, representing Minnetonka Auto Service stated he has
worked with Auto Point, Ltd. for a number of years. He stated there is a misconception
about this business. He stated that the cars come to his business where they are
unloaded, inspected and washed and that he would appreciate if the Planning
Commission would vote in favor of this proposal.
.
Pentel closed the public hearing.
Minutes of the Golden Valley Planning Commission
September 24, 2001
Page 9
. Foreman responded to Mr. Peters concerns about traffic by stating that they would be
generating less traffic than the business that was previously there.
Groger stated that the staff report refers to the lighting being turned down at 10:00 PM
and asked that since the applicants hours of operation are only until 7:00 PM, if the
lighting could be turned down earlier. Grimes stated that there should be some type of
lighting on for security purposes, but that they should be turned down at a reasonable
hour.
Shaffer asked if the applicant has started the process of installing the fire sprinkler
system for the use of sales indoors. Foreman stated that they have started the
process.
Grimes told the applicant that he might want to make sure that he has the approval of
the City Council for this conditional use permit before he goes to the expense of putting
in the fire sprinklers.
Groger clarified that the hours of operation would be from 9:00 AM to 8:00 PM Monday
through Saturday, the lighting would be turned down after 8:00 PM and that there would
be no outside speakers used.
.
Pentel stated she is familiar With this type of automobile dealership and that these types
of operations are usually unnoticeable. She stated she is a little reluctant to see the
creeping of auto sales off of Highway 394 and onto Highway 55, but stated she realized
that a similar operation used to be located there and she doesn't have any issues with
this particular site.
Eck stated that if the conditions in the staff report are met, he as no objections to the
proposal.
MOVED by Groger, seconded by Hoffman and motion carried unanimously to approve
the request for a conditional use permit based on the following conditions:
1. The site be limited to the sale of 20 vehicles and that 15 spaces be designated for
employee and customer parking
2. All signage meets the requirements of the City's sign ordinance.
3. The recommendation of Deputy Fire Marshal Ed Anderson found in his memo to
Dan o Is-on -dated Sepfefrf6er'fO-;-2001 shall become apart oflhisapproval.
4. No display of cars can take place in the building. The two claims bays may be used
. for the temporary storage of two vehicles.
5. The Building Official shall approve any additional lighting of the site. Lighting shall
be turned down atter 8:00 PM.
Minutes of the Golden Valley Planning Commission
September 24,2001
Page 10
6. No more than 8 employees shall work at the site due to parking constraints.
.
7. The hours of operation for the sale of cars shall be limited to 9 AM to 8 PM Monday-
Saturday. There shall be no sales of vehicles on Sunday.
8. No outside speakers shall be permitted on the site.
-- Short Recess --
V. Reports on Meetings of the Housing and Redevelopment Authority, Ci
unci!, Board of Zoning Appeals and other Meetings
Eck gave a. ort from the City Council Meeting held on September 19, 20 . He
stated that the ouncil voted to approve the request by Hidden Lakes De opment,
which would allo the construction of six new homes on the peninsula entel stated
that the City Counc ~oted to continue their deliberations until Septe er 25, 2001 to
discuss park dedicati conservation easements and other detail .
VI. Other Business
A. Presentation on Findin
Ordinance.
ession on Telecommunications
Olson discussed the report done by T ault an ssociates that was generated from the
Strategic Planning Session held on July 0 Shaffer asked what the next step in the
process is. Olson stated the next step is to ve Thibault and Associates write up a draft
ordinance.
.
B. Review Attendance
Pentel asked where the Counci ands on the Commis . n Guidelines that Mayor
Anderson and Council Mem LeSuer discussed with th lanning Commission at the
March 5, 2001 Planning C mission Meeting. Grimes stat he would find out and let
the Commission know.
Eck discussed a ro CItable meeting that he and Pentel attended
Richfield.
.
Pentel discu ed the MNApa State Planning Conference that several of t
Commissi ers attended. She informed the Commission that next year the
will be d in Minneapolis.
Ols stated that the HRA approved 12 units for the former Sheriffs Site property.
ted that 4 units would be Habitat for Humanity homes and 8 units would be
ffordable housing units and that Habitat for Humanity is going to give the City a
proposal for the project soon.
VII. Adjournment
The meeting was adjourned at 9:05 PM.
.
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. CU-90
.' ~.
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Date of Approval:
October 16, 2001 bv the City Council in accordance with
Sec. 11.10, Subd. 2 and Section .11.30 of City Code
Auto Point Ltd.
Issued To:
Approved Location:
9130 Olson Memorial Hiahwav, Golden Vallev. MN
Approved Conditional
Use:
To allow for the outdoor sale of 20 late model used and
new vehicles in the Commercial zonina district
Conditions of Approval:
1. The site be limited to the sale of 20 vehicles and that 15 spaces be designated for
employee and customer parking
2. All signage meets the requirements of the City's sign ordinance. There will be no
signs displayed or painted in car windows. There will be no signs painted or
displayed from windows in the building.
The recommendation of Deputy Fire Marshal Ed Anderson found in his memo to
Dan Olson dated September 10, 2001 shall becorneapartof this approval.
No display of cars can take place in the building. The two claims bays may be
used for the temporary storage of two vehicles.
The Building Official shall approve- any additional lighting of the site. Lighting shall
be turned down after 8:00 PM.
No more than 8 employees, shall work at the site due to parking constraints.
The hours of operation for the sale of cars shall be limited to 9 AM to 8 PM
Monday-Saturday. There shall be no sales of vehicles on Sunday.
8. No outside speakers shall be permitted on the site.
9; All other applicable local, state, and federal requirements shall be met.
10. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the conditional use permit.
Warning:
.
Issued by:
This permit does not exempt you from all other city code
provisions, regulations, an~ ordinances.
/;// (:
.// .; . ,v
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Mark Grimes, Director of Planning and Development
Bey
Memorandum
Planning
763-593-8095 I 763-593-8109 (fax)
.
To:
Planning Commission
From:
Mark Grimes
Subject:
Informal Public Hearing on Conditional Use Permit to Allow Outdoor Sales
of Autos at 9130 Olson Memorial Highway - Auto Point Ltd., Applicant
Date:
September 19, 2001
Auto Point, Ltd. represented by Michael Povolotsky, is requesting a conditional use permit
(CUP) to allow that the property at 9130 Olson Memorial Highway (OMH) be used for the
outdoor sale of 30 late model used and new vehicles.
The property is zoned Commercial as is all the property in the narrow strip between Olson
Memorial Highway and Golden Valley Road between Decatur Avenue and TH 169. Within .
that district, outdoor car sales are permitted only with a CUP. This commercially zoned area
is also designated on the Comprehensive Plan Map for Commercial uses. The property to
the north of this site is zoned M-1 Multiple Family and is the location of the Trentwood
Apartments. This property is designated on the Comprehensive Plan as High Density
Residential. The properties east of the apartments are zoned Commercial, as is their
Comprehensive Plan Map designation.
The property to the south across TH 55 is zoned M-1 Multiple Family, Residential and
Business and Professional Offices. The designation of the Comprehensive Plan is
essentially the same as the zoning. The right-of-way for TH 55 at this location is over 100
feet wide.
The property is now vacant. It was most recently occupied by farmers Insurance Group as a
claim center. The building was constructed in 1980 or 1981 and is about 5400 sq. ft. in area
with two drive-through claim bays. The property is approximately one acre in area with about
200 feet of frontage on both Olson Memorial Highway and Golden Valley Road. The only
access to the site is from Golden Valley Road. The existing building meets all setback
requirements for the Commercial zoning district. The setback requirements are 35 feet from
a street and 20 feet from the side property line for buildings and 10 feet for parking areas or
driveways. The site plan illustrates the location of the building.
Auto Point does not intend to use the interior of the building for the display of vehicles for
sale. The interior would only be used for offices. All vehicles for sale or lease will be
displayed outside. The former drive-in claim areas may be used for the storage of one or two
cars. Mr. Povolotsky told me that at some time in the future, Auto Point might want to alter
.
.
the interior of the building to allow for some indoor display of cars. This would require an
amended CUP and some alterations to the interior of the building.
At the present time, there are 31 parking spaces on the site as indicated on the attached site
plan. They would .Iike to add five spaces along the southwest side of the site (next to the
dumpster) and in front of the drive-through claims garage to bring the total to 36 spaces.
They have told me they would like to display up to 30 cars. With a total of eight employees
and the need for five visitor parking spaces, I would recommend that no more than 20 cars be
displayed outside at anyone time. This would maintain adequate employee and visitor
parking along with maintaining necessary drive aisles.
If Auto Point were permitted to operate, the staff recommends that the CUP limit the business
to eight employees due to the limited parking available. Any portion of the building could not
be sublet to any other users because of the limited parking. (Normally, a 5400 space building
would require about 25 parking spaces to meet parking requirements for office space.)
At the present time, the site is well landscaped and the building is in good condition. They
plan to use the existing pylon sign that is located along the OMH side of the site. All signage
would have to meet the requirements of the sign code.
There are no plans for additional lighting of the parking lot. There are now wall lights on the
side of the building. If additional lighting were added in the parking lot, they should be turned
down after 10 PM in the evening and only lower level security lighting would remain lit. Any
. lighting plan should have downcast lighting and be approved by the Building Official.
No mechanical work or bodywork will occur on the site.
Since there are no changes required to the parking lot or building, there are no water quality
requirements for the use of this site by a car dealership.
Factors for Consideration
In approving or denying any CUP, City Code requires that findings be made on ten specified
factors. Staff evaluations of those factors as they relate to the current proposal are as
follows:
1. Demonstrated Need for the Use: The City's standard basis for determining need is that
an applicant has identified a market of the proposed good or service. That criterion has
been met in this case.
2. Consistency with the Comprehensive Plan: The Comprehensive Plan Map identifies
the proposed site for long-term commercial uses. Car sales, by conditional use, are
consideredeonsistent with this land--use-designation.
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3. Effect on Property Values in the Area: Since there are similar property uses in the area
and there have recently been car sales in the area (Avis or Hertz sold used cars across
the street from Wendy's several years ago without any negative consequences), the CUP
will not have a substantial impact on property values.
2
4. Effect of any Anticipated Traffic Generation Upon Current Traffic Flow and
Congestion in the Area: Due to the nature of the proposed car sales, it is not .
anticipated that a great deal of traffic will be generated from the proposed use. They
expect to have 10-20 visitors per day plus the 6-8 employees. (Total trips generated from
the site would be less than 100 per day.) The hours of operation will be 9 AM to 7 PM
Monday - Thursday, 9 AM to 6 PM Saturday and closed on Sunday. This is less traffic
than when the building was used as a drive-through claims office for Farmers Insurance.
5. Effect on any Increase in Population: Because this is a commercial use, the permanent
population of Golden Valley will not increase due to the business. There will be an
additional 6-8 employees that will add to the City's daytime population.
6. Increase in Noise Level: At this time, staff has no reason to expect that noise impacts
will extend beyond the site. As stated above, there will be no mechanical or bodywork
done on the site. No outside microphone would be permitted on the site.
7. Any Odor, Dust, Smoke, Gas, or Vibration Caused by the Use: This type of car sales
operation is not expected to cause any issues regarding odor, dust, gas or vibration.
8. Any Increase in Flies, Rats, or other Vermin in the Area Caused by the Use: It is not
anticipated that this type of car sales will increase any of these pests in the area.
9. Visual Appearance of the Proposed Structure or Use: The building or site will not be
changed with the exception of a new pylon sign and other signage that must comply with .
the City's sign code. There will be more cars parked or stored in the parking lot as a
result of this business.
10. Other Concerns Regarding the Use: Since there will be no auto repair taking place on
the site, the staff does not see any other issues to address.
Recommended Action
Staff recommends that the following conditions be made part of any approval of a Conditional
Use Permit for car sales at 9130 Olson Memorial Highway:
1. The site be limited to the sale of 20 vehicles and that 15 spaces be designated for
employee and customer parking. (See attached site plans that require little or no changes
from when it was owned by Farmers Insurance)
2. All signage meets the requirements of the City's sign ordinance.
3. The recommendation of Deputy Fire Marshal Ed Anderson found in his memo to Dan
Olson dated September 10, 2001 become a part of this approval.
4. No display of cars can take place in the building. The two claims bays may be used for
the temporary storage of two vehicles.
5. The Building Official shall approve any additional lighting of the site. Lighting shall be
turned down after 10 PM.
.
3
. 6. No more than 8 employees shall work at the site due to parking constraints.
7. The hours of operation for the sale of cars shall be limited to 9 AM Monday-Saturday.
There shall be no sales of vehicles on Sunday.
8. No outside microphone shall be permitted on the site.
Attachments: Site Plans
Ed Anderson memo dated September 10, 2001
Michael Povolotsky Proposed Use Letter
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4
Hey
Memorandum
Planning
763-593-80951763-593-8109 (fax)
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To:
Planning Commission
From:
Mark Grimes, Director of Planning and Development
Subject:
Addendum to Memo on 9130 Olson Memorial Highway, Conditional Use Permit
for Auto Sales
Date:
September 19, 2001
The property at 9130 Olson Memorial Highway is zoned Commercial as is all the property in the
narrow strip between Olson Memorial Highway and Golden Valley Rd. between Decatur Ave. and TH
169. This commercially zoned area is also designated on the Comprehensive Plan Map for
Commercial uses. The property to the north of this site is zoned M-1 Multiple Family and is the
location of the Trentwood Apartments. This property is designated on the Comprehensive Plan as
.. _ High~en~i1Y_B~~iQ~l}ti~L.Ihe I:>rQPerti~~~~~! of ttte.~~rtmell~~[~~(medgQ[l1lDerclaILas is their
Comprehensive Plan map designation. .
The property to the south across TH 55 is zoned M-1 Multiple Family, Residential and Business and
Professional Offices. The designation on the Comprehensive Plan is essentially the same as the
zoning. The right-of-way for TH 55 at this location is over 100 ft. wide.
.
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911.30 .
FF. . Massage parlors, saunas, rap parlors, conversation parlors,
escort services, model services, dancing services, hostess services, adult encounter
group services, adult sensitivity group services and other similar adult oriented services
that require City licensing pursuant to other provisions of the City Code.
Source: Ordinance No. 603
Effective Date: 8-26-83
GG. Tanning parlors.
Source: Ordinance No. 609
Effective Date: 11-11-83
HH. Essential Services - Class I
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
II. Seasonal Farm Produce Sales
Source: Ordinance No. 127, 2nd Series
Effective Date: 4-27-95
Subdivision 4. Conditional Uses.
A. Animal hospitals, veterinary clinics, and/or pet grooming facilities.
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installation.
B. Auto repair shops, including tire and auto accessory repair and
C. Car wash.
D. Convenience food stores.
shops, etc.
E. Drive-in retail establishments, such as banks, cleaning, photo
F. Gasoline service stations.
G. Mortuaries.
H. Off-street parking for adjacent cOl11mercial or industrial uses.
I. Outdoor sales, including car lots, auto and equipment rentals.
J.Outside storage and/or sales of horticultural nursery sites,
temporary farmers market, and itinerant sales.
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GOLDEN VALLEY CC
279
(6-15-98 )
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Memorandum
To: Dan Olson, City Planner
From: Ed Anderson, Deputy Fire Marshal
Date: September 10, 200 I
Re: Condition Use (Auto Point Ltd)
I have reviewed the proposed plan for the Auto Point Ltd. Located at 9130 Olson Highway. Listed
below are my plan review comments for the Conditional Use Permit.
1) "No Parking Fire Lanes" signs shall be installed at the main driveway of the building. The
installation of the signs and stationary posts shall be in accordance with the Golden Valley City
Ordinance and the Golden Valley Fire Department Installation Standards.
2) Fire Department access roads shall be a minimum of20 feet clearance up to the building.
.
n3) . No gate or barrieFssnallbeirtsta.lled inthemaill driveway of the building
4) A fire suppression /sprinkler system shall be installed in the building for the storage of motor
vehicles. The Fire Suppression/Sprinkler System will be monitor by a central station fire alarm
company. Fire extinguishers shall be installed in the building.
5) A Fire Department lock box will be required to be installed on the exterior of the building.
If you have any questions please contact me at 763-593-8065
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1
Attachment to application Section B. 4
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Proposed Conditional Use: Automobile Sales / Brokerage Outdoors Section 11.30 Sub4. I
Indoors Section 11.30 Sub. 4.N
Auto Point, Ltd. proposes to display, sell, and lease late model European automobiles, off
lease. We will also lease new domestic and imported vehicles.
A total of 6-8 staff is planned:
management staff 2
sales, leasing, and finance staff 2
office, administrative and computer staff 2
delivery assistant I
No mechanical work, bodywork, or similar will take place on the premises at any time.
Any preparations are subcontracted to outside vendors.
This is a business which will generate approximately 10 - 20 visitors per day. The
majority of our business is conducted by phone, Internet and through referrals. Our
clients are typically middle aged, family oriented, and middle to upper income. No
banners, streamers, or inflatable objects are associated with or appropriate to this type of
business and none will be used.
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Our hours are expected to be: Monday-Thursday, 9am-7pm; Friday and Saturday, 9am-
6pm. Closed on Sunday.
The site' will be appealing because the existing building is in impeccable condition.. The
property has mature trees, well-groomed bushes, and excellent landscaping. Our
automobiles will further enhance the property by virtue of their own appeal.
We also plan to add indoor fire suppression sprinklers and an indoor display area,
following the requisite Fire Marshall approval.
Automobile dealers and leasing companies with both indoor and outdoor displays
currently exist locally and in all surrounding municipalities.
Having operated a similar business in St Louis Park for several years, we recognize and
admire the many improvements taking place in. Golden Valley. We look forward to
becoming a part of this trend. Most ofall, we will cooperate with our neighbors and the
city of Golden Valley for a long and mutually beneficial relationship.
Thank you.
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