06-22-09 PC Agenda
AGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, June 22,2009
7pm
1. Approval of Minutes
a. June 8, 2009 Regular Planning Commission Meeting
2. Informal Public Hearing - Conditional Use Permit - Amendment #1 -
9405 Medicine lake Road - CU-67 A 1
a. Applicant: Winner Gas/Convenience Store, George Kabalan
b. Address: 9405 Medicine Lake Road
c. Purpose: To allow the applicant to rent U.Haul trucks at his existing
location in the Commercial zoning district
3. Short Recess
4. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
5. Other Business
6. Adjournment
Regular Meeting of the
Golden Valley Planning Commission
June 8, 2009
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, June
8, 2009. Chair Keysser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty,
Schmidgall and Waldhauser. Also present was Director of Planning and opment
Mark Grimes, City Planner Joe Hogeboom and Administrative Assist an.
ame proposal was brought before the Planning Commission
. He explained that at that time the City Code stated an
nths after preliminary PUD approval to submit their Final PUD plans.
t ity Code has been amended to allow an applicant to ask for a 6-
to submit their Final PUD Plans. The preliminary plans for the Xenia
Ridge p were approved last year; however those approvals have lapsed, so the
applicant is again seeking approvals for this project.
April 27, 2009 Regular Planning Commission Meeting
1. Approval of Minutes
Eck noted several typographical errors. Waldhauser as
first page be clarified.
MOVED by Eck, seconded by Waldhauser and
the April 27, 2009 minutes with the above)~~
d unanimously to approve
2.
Informal Public Hearing -
Xenia Ridge - PUD 108
PlariFteview - Planned Unit Development-
Applicant:
C
Address:
construction of approximately 279,000 square feet of
nd approximately 11,300 square feet of retail space
Grimes referred to his staff report dated June 3 and stated that he has revised it to
include conditions regarding the demolition of the existing buildings within 90 days after
Final PUD plan approval and that prior to the demolition of the building they shall be
made secure. He reiterated that this is the same proposal and the same staff reports that
the Planning Commission reviewed last year.
Minutes of the Golden Valley Planning Commission
June 8, 2009
Page 2
Tom Shaver, Vice President Real Estate Development, OPUS, stated that the market has
changed significantly since they brought the Xenia Ridge proposal to the City last year.
He said they feel this is a very prominent corner in a healthy corridor but the market is
preventing them from going forward with their plans.
Keysser asked Shaver if OPUS has an approximate time table for this development.
Shaver said he hopes to start on this project a year from now depending on the climate of
the market.
Waldhauser asked Shaver if OPUS is open to considering other use
such as residential or mixed use if those markets should happen t p
the office market. Shaver said they are always open to conside' other
however residential and retail are worse than office right noV\(o
Eck asked why OPUS is coming back at this point if they are uililablf.ftp ilJ.dicate a time
frame for this development. Shaver said they would IiketphaveJheir preliminary PUD
approvals in place so they are prepared if a custOll'l~rCpnies. f rd. Eck asked if OPUS
intends to keep asking the City for extensions u they\~ ea to build. Shaver said
yes. Grimes added that if substantial changes t e plans cur, OPUS would need to
reapply for PUD approval. Also, the City C add ditions to the Preliminary
PUD approval if they wish.
Eck asked what kind of impact the ent in St. Louis Park will have on
this proposal. Shaver stated tha nt has a smaller retail component than
the West End development. Gri stqtt;jd thathe developers of both projects are in the
same situation with the offipenia{k and that both developers will be waiting with their
Preliminary PUD ApproVqls at this point.
Keysser asked Sh
is too small for a ho
ened to the idea of building a hotel. Shaver said the site
Waldhauser as
than afterF
OPUS
property.
o stacles are to removing the existing buildings now rather
al. Shaver said it is a financial issue. Keysser noted that
perty yet so they can't remove the buildings until they own the
the public hearing. Seeing and hearing no one wishing to comment,
he public hearing.
Cera questioned the status of Colonnade's proposal in this area. Grimes said staff has
not heard from them in a while but he thinks they would still like to build an office building
however they are in the same situation with the office market.
Keysser questioned the status of the MnDOT owned property located east of the
Metropolitan and the Good Day Cafe. Hogeboom stated that Global One Commercial has
discussed building luxury rentals and medical office space in that location. They have
Minutes of the Golden Valley Planning Commission
June a, 2009
Page 3
submitted a depbsitto the City for the purpose of a traffic study. Grimes added that traffic
and access are going to be the challenges with that site.
MOVED by Eck, seconded by Cera and motion carried unanimously to recommend
approval of the Preliminary PUD Plan for Xenia Ridge - PUD #10a with the following
conditions:
1. The Xenia Ridge plan packet consisting of 24 sheets and prepared by Opus
Northwest, L.L.C. shall become a part of this approval. These plans re listed
on Sheet Number CS and include the preliminary plat, site plan, g
landscape plan and floor plans.
2. lighting plans must meet the requirements of the City's lightil1g code.
approval of building permits for the site, the proposed Photornetric.Site
including a detailed balcony lighting plan, will be further rE;l~jew~9i.t6 ins
compliance with the plan.
3. The final landscape plan will be reviewed and app
Review.
4. The findings and recommendations in the m y eer Jeff Oliver, PE,
to Mark Grimes, Director of Planning and da oa shall become a part of
this recommendation. This includes Op' ement with the City of
Golden Valley that would agree to p.ii.ci~1 essments for street and
other public improvements. Opus wou.ld al~~\lYaive their right to appeal special
assessments as part of this agr~~ment.
5. The findings and recommenq tions in.thernemo from Ed Anderson, Deputy Fire
Marshal to Mark Grimes, Dir annir1gand Development and dated April 7,
200a shall become a p mendation.
6. A snow storage plan d before approval of the final plan.
7. The existing buildings e s e demolished within 90 days of approval by
the City Council e D Plan.
a. Prior to demolitio g buildings on the site the buildings shall be secured
in a manner>acce olden Valley Public Safety Department and Building
Inspections Oep.~rt
The PI
ng Commission also makes the following findings:
1. ning. The PUD plan is tailored to the specific characteristics of the
eves a higher quality of site planning and design than generally
er conventional provisions of the ordinance.
2. Prese n. The PUD plan preserves and protects substantial desirable portions of
the site's characteristics, open space and sensitive environmental features including
steep slopes, trees, scenic views, creeks, wetlands and open waters.
3. Efficient - Effective. The PUD plan includes efficient and effective use (which
includes preservation) of the land.
4. Compatibility. The PUD Plan results in development compatible with adjacent uses
and is consistent with the Comprehensive Plan and redevelopment plans and goals.
Minutes of the Golden Valley Planning Commission
June 8, 2009
Page 4
5. General Health. The PUD plan is consistent with preserving and improving the
general health, safety and general welfare of the people of the City.
6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision
and all other PUD ordinance provisions.
-Short Recess-
4. Reports on Meetings of the Housing and Redevelopment A
Council, Board of Zoning Appeals and other Meetings
area
Waldhauser reported on an APA Brown Bag lunch tour she too
in Burnsville.
McCarty reported on the May 26 Board of Zoning Appeals m
was a request from a resident who started building a de~~.in hi ront over his
existing front steps without a building permit. TheC1Ppliq~rirappli~~ for a variance for this
deck because it was too close to the front yard property li.l1e however if it would have
been an open front porch, with a roof, he could have builtitvvithout a variance. He stated
that the Board of Zoning Appeals would lik d the P ning Commission to discuss
or better define front porches, stoops, d nd how close they can be to
the front yard property line. Grimes sta are some language for the
Planning Commission to review at .
5. Other Business
pile Orithe southwest corner of TH 55 and Winnetka
d about the plans for the dirt pile and stated that he
tower located on that corner. Grimes said that it is a
rid it will probably continue to be used this way. He
orks staff about it.
6.
Hey
Planning
763-593-8095/763-593-8109 (fax)
Date:
June 17, 2009
To:
Golden Valley Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing on Amended Conditional Use Permit (CUP) to
Permit Truck and Trailer Rental in Addition to the a Gas/Convenience Store
with Car Wash at the Winner Gas/Convenience Store at 9405 Medicine lake
Rd., George Kabalan, Applicant
George Kabalan is the owner of the Winner Gas/Convenience store at 9405 Medicine Lake
Road. In 1995, a .Conditibnal Use Permit (CUP) was issued to this property by the City
Council in order that the gas station could be converted to a gas/convenience store with a car
wash bay. Prior to that time, the gas service station operated without a CUP because it was
constructed at a time when a CUP was not required for the operation of a gas service station.
Therefore, it was considered a nonconforming use that could be continued as long as
changes to the operation were not made. In 1995, the owner changed the full service gas
station to a gas/convenience store and a car wash bay. This change could be done only by
obtaining a CUP from the City in 1995. Attached is a copy of the 1995 CUP. The site plan
submitted in 1995 is the same as the one submitted by Mr. Kabalan with the exception of the
two designated spaces for rental trucks.
The amended CUP is required because the Commercial zoning district allows equipment
rental only with a CUP. Recently, staff noticed that there were often U-Haul vehicles and
trailers on the site. According to the applicant, he has been doing this U-Haul operation for a
couple of years. Staff spoke to Mr. Kabalan last month and told him that he would have to
apply for a CUP if he wanted to continue renting U-Haul vehicles. (He has been permitted to
keep two U-Haul vehicles parked on the site during the CUP process.) He is proposing to
have space to display and store two U-Haul trucks or trailers. He has had more on the site
over the past couple of months but he has agreed to reduce the inventory to no more. than
two at a time due to space limitations.
This property is guided on the General Land Use Plan map for Commercial purposed. The
property is also zoned Commercial. Within the Commercial zoning district, convenience
store, gas stations, equipment rental and car washes are permitted only by CUP.
1
I am attaching a copy of my memo to the Planning Commission dated September 22, 1995
and my memo to the City Council dated October 10, 1995. In these memos I describe the
site and the proposed CUP that allowed the existing gas/convenience store with a car wash
bay. There have been no additional buildings added to the site since 1995. I am also
attaching a copy of the CUP issued in 1995 and the site plan that is part of the CUP. This site
plan is the same one used by the applicant for the amended CUP.
Generally, the existing gas/convenience store with car wash bay has operated within the
terms of the CUP. There are a couple of areas of concern that will have to be addressed in
an amended CUP. First, the existing CUP states that all signage shall meet the City's sign
code. The existing site exceeds the signage permitted by the sign code. Staff suggests that
the amended CUP state that site shall meet the sign code requirement by no later than
August 31,2009 or the City Council will consider revocation of the CUP. Second, the existing
CUP states that the shared driveway along the west property line that also serves the
commercial building to the south shall have "no parking" signs installed. The signs have
either been removed or never installed. This should again be included in an amended CUP
and the signs installed by no later than August 31, 2009.
In terms of the parking for the site, the site plan submitted in 1995 and for the amended CUP
indicates 15 spaces on the site. This number of spaces has been more than adequate for the
gas/convenience/car wash operation. Since 1995, the City has amended the parking code
which has reduced the number of spaces required from 15 to 7. The updated parking
requirements are one space for each 250 sq. ft. of gross retail floor space. The store is 1,500
sq. ft. in area. There are not specific parking requirements for gas sales at a convenience
store or an automated, one bay car wash. Staff believes that it is reasonable to use the one
space for each 250 sq. feet of gross retail floor space as the total parking requirement. The
parking requirement for equipment rental is one space for every 2,000 sq. ft. of display area.
There will be less than 500 sq. ft. of display area (two parking spaces). Using the one space
for each 250 sq. ft. of gross floor area for the gas/convenience store with car wash bay and
one space for the rental display area, the total spaces required by the existing parking code
is 7 in addition to the 2 parking spaces to display U-Haul trucks or trailers.
The site plan shows four spaces in front of the store along the east property line and 11
spaces along the south property line or at the rear of the store. Staff has been to the store
several times and the rear spaces have been either empty or used by one of the two rental
trucks. Also, only a few of the rear spaces are striped because the area behind the store is
marked to improve flow to the car wash bay. Staff recommends that the first two spaces
behind the store closest to TH 169 be used for the display of the. trucks or trailers. The
remaining three required spaces would be next to the two truck spaces. The remaining
spaces behind the store could be eliminated. (Please note that the trash enclosure has been
moved to the east property line near the entrance to the car wash bay on the south side of
the store.)
The owner states that the hours of operation for the store are 6 am to 11 pm each day. Staff
does not think that there should be any restrictions on hours due to the location adjacent to
TH 169.
2
FACTORS FOR CONSIDERATION
When considering the approval or denial of a 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, the
applicant has decided there is a market for truck and trailer rental.
2. Consistency with the Comprehensive Plan: The Plan map identified the site for
commercial uses. The property is also zoned Commercial. A gas/convenience store and
equipment rental store are considered consistent with the land use designation.
3. Effect on Property Values in the Area: The adjoining areas are commercial. There are
no residential areas abutting this property. The added display of two trucks on this site will
not have a negative impact on property values in the area.
4. Effect of any Anticipated Traffic Generation upon Current Traffic Flows and
Congestion in the Area: Staff does not believe that the added business of renting two U-
Haul vehicles will have a significant impact on the area. Medicine Lake Road is
considered an arterial street and TH 169 is a freeway.
5. Effect on any Increase in Population: Since this is not a residential use, the population
will not increase due to the truck or trailer rental.
6. Increase in Noise Levels: Staff does not believe that the truck or trailer rental will cause
an increase in noise levels. The property is located adjacent to TH 169 that creates a
significant amount of noise on its own. Because this property is not next to any residential
areas, the noise caused by the two trucks should not be a problem. Many times during a
week, there will be no trucks at the site because they will be out on rental.
7. Any Increase in Flies, Rats, or other Vermin Caused by this Use: The proposed use
should not increase the number of animal pests in the area.
8. Any Odor from Dust, Gas or Vibration Caused by the Use: It is not anticipated that the
proposed use would increase any of these nuisances.
9. Visual Appearance of Proposed Structure or Use: The appearance of the site would
remain the same except for the parking of two trucks or trailers behind the store. With the
removal of signs not permitted by the sign code, the visual appearance of the site will
improve.
10. Other Concerns Regarding the Use: No other potential sources of impact on the
general health, safety or welfare have been identified by staff.
RECOMMENDED ACTION
Staff recommends approval of an amended CUP that would allow the existing
gas/convenience store with car wash to rent up to two trucks or trailers. The trucks or trailers
would be parked in the two westernmost spaces south of the store. Staff believes that there is
adequate space on the site for this small equipment rental business in addition to the existing
3
uses. Due to the nature of the business at 9405 Medicine Lake Road, there is small parking
demand. Most people that are using the convenience store are buying gas and leave the car at
the pump while making inside purchases. There is more than adequate stacking for cars using
the car wash even with a couple of cars parked south of the store. The following conditions are
recommended for the amended CUP:
1. The site plan submitted to the City (titled "Parking Layout") shall become part of this
permit. The plan is dated 9/1/95. The two equipment parking spaces shall be the two
spaces south of the store and closest to TH 169. There shall be a total of 9 parking
spaces for customers, employees and equipment display.
2. The property may be used as a gas/convenience store with one automated car wash bay.
Also, up to two trucks or trailers may be displayed for rent on the site in the location
identified in the above Condition NO.1.
3. All signage on the site will meet the requirements of the City's sign code by no later than
August 31, 2009.
4. "No parking" signs shall be installed along the west side of the share driveway adjacent to
TH 169 by no later than August 31,2009.
5. All other applicable local, state, and federal requirements shall be met.
6. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the CUP.
Attachments:
Location Map ( 1 page)
Conditional Use Permit No. 95-67 dated October 17, 1995 (1 page)
Memo to the Planning Commission dated September 22, 1995 (5 pages)
Memo to the City Council dated October 10,1995 (2 pages)
Photo of the Site (1 page)
Site Plan dated September 1, 1995 (.1 oversized page)
4
Subject Property:
9405 Medicine Lake Rd.
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CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 95-67
Date of Approval:
October 17. 1995 by the City Council in accordance with
Section 11.10. Subd. 2. and Section 11.30 of the City Zoning
Code
Issued To:
Marcellino Hark
Approved Location:
9504 Medicine Lake Road. Golden Valley. Minnesota
Approved Conditional
Use:
Allow the property to be used as a gas/convenience store in
the Commercial Zoning District
Conditions of Approval:
1. The site plan submitted to the City (entitled "Parking Layout") shall become part of this
permit. The plan is dated 9/1/95. This shall include 15 parking spaces.
2. The property at 9504 Medicine Lake Road may be used for a gas/convenience store with
one car wash bay.
3. The parking lot to the south of the store will be repaved and concrete curb and gutter
installed no later than July 1, 1996.
4. All signage on the site will meet the City's sign ordinance.
5. The owner shall install "no parking" signs along the west edge of the driveway shared with
the two stores to the south.
6; The owner shall maintain, in good order, the driveway shared with the two stores to the
south.
7. Petitioner shall provide a copy of the easement agreement to the City of Golden Valley no
later than December 15, 1995.
8. All other applicable City and State 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.
Issued By:
Mark W. Grimes, Director of Planning and Development
Warning:
MEMORANDUM
Date:
September 22, 1995
To:
Golden Valley Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Informal Public Hearing -- Conditional Use Permit -- To allow the
conversion of the Union 76 station at 9504 Medicine Lake Road to
be used as both a service station and convenience store --
Marcellino Hark, applicant.
Marcellino Hark has requested a Conditional Use Permit (CUP) to allow the Union 76
station at 9504 Medicine Lake Road to be used as both a gas station (gas pumps only)
and a convenience store. Within the Commercial Zoning District, gas stations and
convenience stores are only permitted with a CUP. In the past, this station has been a
full service gas station with repair bays. Mr. Hark recently leased the site from Union 76
and has eliminated the service bays. He will, however, keep the car wash bay. The two
service bays will be converted to the convenience store.
When Mr. Hark signed a lease on the store with Union 76, within the past several
months, he was unaware that a CUP was necessary to operate a gas station and
convenience store in Golden Valley. The existing service station has been at this
location for many. years and has operated without a CUP. The gas station is considered
a nonconforming use because it does not have a CUP. The gas station was built prior to
the City requiring such a permit. The Inspections Department brought it to the Planning
staff's attention that Mr. Hark was planning to change the service station by eliminating
the service bays and converting the service bays to a convenience store.
Nonconforming uses may not be changed without bringing them into conformity with the
Code. In this case, a CUP would have to be issued to allow a gas station/convenience
store. Staff then spoke to Mr. Hark and told him a CUP is needed. Mr. Hark was very
concerned that this would delay his opening of the convenience store and cost him
money due to the delay. At his request, Mr. Hark has begun some of the work to convert
the station with the understanding that he will have to abide by the decision of the City
Council regarding the CUP. The City has received a letter from Mr. Hark indicating that
he will agree to the City Council decision.
Staff has received both a site plan and floor plan for the site. The site plan indicates the
size and location of the store, parking and gas pumps. Union 76 replaced the tanks at
this store in 1992 and also put a canopy over the fueling islands. It is my understanding
that the car wash bay has been there for several years.
Memo - Marcellino Hark, Applicant
Page Two
This is a unique site due to the 32 foot wide driveway easement over the west side of the
property. This driveway easement serves the convenience store and liquor store south
of this site. This easement was taken out of this property when Highway 169 was
upgraded to freeway conditions. The liquor store and convenience store did have direct
access to the old Highway 18. Because the gas station, liquor store and convenience
store properties were all owned by the same party, this easement for access from
Medicine Lake Road was established. This easement does give quick access to the two
stores south of the gas station from Medicine Lake Road but it also provides a short-cut
for some people trying to save a few seconds by avoiding the stop light at Medicine Lake
Road and Mendelssohn Avenue (near McDonalds). Unfortunately, the City cannot
eliminate this easement without compensating the persons benefiting from it.
The site is about one acre in area including the easement driveway area. Generally, the
building and site meet setback requirements except along Medicine Lake Road. The
driveway area north of the canopy is setback only 12.5 feet from the north property line
and the canopy itself is setback 23 feet from the north property line. The required
setback is 35 feet. (Within the Commercial Zoning District, the side and rear yard
setback is 25 feet to building and 12.5 feet to parking. Any setback adjacent to a street
is 35 feet to building or parking.)
The existing building will not be added to for this conversion to a convenience store. As
stated previously, the service bays are being eliminated to make room for the store. The
car wash bay will remain. The total area of the building is approximately 1,850 sq.ft. Of
that area, the store will occupy about 1,500 sq.ft. The car wash bay is about 350 sq.ft. in
area. The attached floor plan indicates the layout of the proposed store.
The parking required for a convenience store is one space for each 150 sq.ft. of retail
space. With 1500 sq.ft. dedicated to retail sales, 10 parking spaces are required. The
car wash portion requires 4 spaces plus one space for each three employees. Using
these requirements, the site will require 15 total spaces. As indicated on the plan, there
are 15 spaces. Staff believes that 15 spaces is more than adequate for this type of
store. Most people that buy goods will have there .car at the gas pumps and not need to
use the parking spaces. Also, there is no more than two employees on site at any time.
The car wash parking requirement is also excessive for this type of automated system.
Mr. Hark and Union 76 will be repaving and putting in concrete curb and gutter where it is
not now in place south of the store. They plan to do this work next Spring. They are also
planning to enhance the landscaping in front of the store and along the sides and rear.
Any change to the signs for the store will have to meet the requirements of the City's sign
ordinance.
Memo - Marcellino Hark, Applicant
Page Three
When reviewing a Conditional Use Permit application, the Planning Commission is
charged with making certain findings regarding the application. These findings are then
sent on to the City Council. The following is a list of those areas where findings areto be
made and staff comments:
1. Demonstrated Need for the Proposed Use: The City's position has been to not
make a judgment if there is a demonstrated need and let the market forces make that
decision. In this case, there may be some that would argue there is adequate
convenience shopping is this area because of the existing convenience store to the
south and the Super America to the east. This proposal is somewhat unique because
it is the only store that will sell both convenience goods and gas. The Super America
store tried to put is gas several years ago but it was decided that there was not
adequate space on the site for the pumps.
2. Consistency with the Comprehensive Plan: The Plan indicates that this area is
designated for commercial development. This use is consistent with this designation.
3. Effect on any Anticipated Traffic Generation upon the Current Traffic Flow and
Congestion in the Area: The proposed gas/convenience store will increase traffic
somewhat but not enough to effect the capacity of Medicine. Lake Rd. Staff believes
that traffic will not be significantly affected by the proposed operation.
4. Effe.ct upon~roJlerty VallJe~Jn. the Nei{J,hboring Area: This adjoining areas are
zoned. yommerci~1. ."fh~proP9~ed4pgrading ofthe building and site would have a
positive effect on property vallies.in the area.
5. Effect of any Increases in Population and Density upon Surrounding Areas: The
proposed use will not add any additional population to the area.
6. Increase in Noise Levels to be Caused by the Proposed Use: The proposed use
will not add significantly to the noise in the area. There may be some reduction due to
the elimination of auto repair previously done in the repair bays.
7. Any Odors, Dust, Smoke, Gas, or Vibration to be Caused by the Proposed Use:
It is not anticipated that the proposed use would increase any of these nuisances.
8. Any Increases in Flies, Rats, or Other Animal or Vermin in the Area to be
Caused by the Prop~sedU~e: . The proposed use should not increase the number
of ~nimal. Pl3$ts .Jnthe; areaifprop~rsal1itationineasures are maintained.
9. Visual Appearance of the Proposed Structure or Use: The existing building will
not be significantly altered from its existing state except two of the service bay doors
will be eliminated and replaced with windows and brick. There will be new doors into
Memo - Marcellino Hark, Applicant
Page Four
the building as per the attached plan. These changes will be an improvement to the
appearance of the building.
10. Any Other Effect Upon the General Public Health, Safety, and Welfare of the
City and its Residents: The staff does not believe there are other findings that
need to be made.
Recommended Action:
Staff recommends approval of a Conditional Use Permit to allow the gas station at 9504
Medicine lake Road to be converted to a gas/convenience store. The proposed plans
provide for more than adequate parking on-site. Mr. Hark and Union 76 will also be
doing improvements to enhance the site such as additional landscaping and paving. The
existing gas station has been brought up to code as far as the tanks are concerned. The
tanks were all replaced in 1992. The canopy was also built at that time to provide a
better environment for the customers.
Several persons have called me, that I know, and have indicated that Mr. Hark is a good
operator of both gas and convenience stores; he has several others in the Twin Cities.
Mr. Hark has told me that he wants to make this a first class operation and it appears
that he and Union 76 are willing to spend money to insure that this happens.
Staff knows that there may be some comments regarding the abundance of convenience
stores in the area. How many does Golden Valley need? As stated in the findings, the
City has decided not to involve itself in determining if there is too much of any use in the
area. In the past, the City has had locations with three or four gas stations at one corner
with each thriving. There are many areas in the Twin Cites where there are several
convenience stores close to each other. In this area, there is a lot of multiple-family
housing that benefit from these types of stores. Also, the proposed store is somewhat
different from the other two stores in the area because it will be the only one that sells
both gas and goods. We have all grown used to this convenience. On the negative
side, the two service bays will be eliminated which means one less place to get our
vehicles serviced.
The following conditions are recommended for the Conditional Use Permit:
1. The site plan submitted to the City (titled "Parking layout") shall become part of this
permit. The plan is dated 9/1/95. This shall include 15 parking spaces.
2. The property at 9504 Medicine lake Road may be used for a gas/convenience store
with one car wash bay.
.'
Memo - Marcellino Hark, Applicant
Page Five
3. The parking lot to the south of the store will be repaved and concrete curb and gutter
installed no latter than July 1, 1996.
4. All signage on the site will meet the City's sign ordinance.
MWG:mkd
Attachments:
Location Map
Letter dated September 1, 1995 regarding the "start of
Improvements"
Narrative Letter dated September 1, 1995 regarding
"Purpose of Construction and Additional Information"
Site Plans (Interior and Parking Layout)
...
MEMORANDUM
Date:
October 10, 1995
To:
William S. Joynes, City Manager
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Public Hearing -- Conditional Use Permit -- To allow the
conversion of the Union 76 station at 9504 Medicine Lake Road
to be used as both a service station and convenience store--
Marcellino Hark, applicant.
At the September 26,_1995'Planning Commission meeting, the Commiss.ion
unanimously recommended approval of a Conditional Use Permit to allow the Union 76
gas station at 9504 Medicine Lake Road to be used as a gas/convenience store. I am
enclosing a copy of my memo to the Planning Commission dated September 22, 1995
for your information. Also enclosed is the Planning Commission minutes that outlines
the discussion that occurred at the meeting. Also attached is a letter received
regarding the request by the owner of the convenience store and liquor store to the
south.
At the Planning Commission meeting, Mr. Hark agreed to additional conditions that will
be made part of the Conditional Use Permit. He agreed to place "no parking" signs
along the west side of the driveway that he shares with the two stores to the south.
There is a concern by the other store owners that persons using the convenience store
will park along the driveway. Mr. Hark will also add two or three parking spaces at the
west end of the building for customers. There was concern that the parking behind the
proposed store would not be that convenient to customers and that closer parking to
the front door should be made available. There was also discussion about the
maintenance of the shared driveway along the west side of the Union 76 station.
There appears to be some misunderstanding about who is responsible for maintaining
the driveway. Mr. Hark said that he and the owners of Union 76 would maintain the
driveway on his property and that he would be checking the easement agreement about
maintenance. I will have this information at the City Council meeting on October 17,
1995.
Recommended Action
The Planning Commission and staff recommend approval of a Conditional Use Permit
to allow Mr. Hark to operate a gas/convenience store at 9504 Medicine Lake Road.
The Commission and staff are recommending the following conditions which are also
found on the proposed Conditional Use Permit and ordinance approving the CUP:
Page Two
1. The site plan submitted to the City (entitled "Parking Layout") shall become part
of this permit. The plan is dated 9/1/95. This shall include 15 parking spaces.
2. The property at 9504 Medicine Lake Road may be used for a gas/convenience
store with one car wash bay.
3. The parking lot to the south of the store will be repaved and concrete curb and
gutter installed no latter than July 1, 1996.
4. All signage on the site will meet the City's sign ordinance.
5. The owner shall install "no parking" signs along the west edge of the driveway
shared with the two stores to the south.
6. The owner shall maintain, in good order, the driveway shared with the two stores
to the south.
7. All other applicable City and State requirements shall be met.
8. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the Conditional Use Permit.
MWG:mkd
Attachments:
Staff Memo dated September 22, 1995 (and attachments)
Planning Commission Minutes dated September 26, 1995
Letter from R. Halseth received September 25, 1995
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