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02-09-04 PC Agenda AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, February 9,2004 7pm I. Approval of Minutes January 26, 2004 Planning Commission Meeting II. Informal Public Hearing - Conditional Use Permit CU-107 Applicant: Golden Valley BP Address: 600 Boone Avenue North Purpose: To operate a gas station, convenience store and car wash facility in the Commercial Zoning District III. Informal Public Hearing - Preliminary Plat (Lot Consolidation) SU20-03 Applicant: Golden Valley HRA/Hennepin County Address: Area bounded by Earl Street on the north, Flag Avenue on the east, Naper Street on the South and Hillsboro Avenue on the west Purpose: Consolidation of Hennepin County property into three lots. (Two of the lots will become a part of the Bullseye Development, LLC for PUD below) IV. Informal Public Hearing - Planned Unit Development - Golden Ridge PUD No. 98 Applicant: Bullseye Development, LLC Address: Area bounded by Earl Street on the north, Flag Avenue on the east, Naper Street on the South and Hillsboro Avenue on the west Purpose: To allow for the construction of 7 twin homes and 2 single family homes. -- Short Recess -- V. Reports on Meetings of the Housing and Redevelopment Authority, City Coun~i1, Board of Zoning Appeals and other Meetings VI. Other Business Reschedule the February 23, 2004 Planning Commission meeting VII. Adjournment . Regular Meeting of the Golden Valley Planning Commission January 26, 2004 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 January 26, 2004. Chair Pentel called the meeting to order at 7 pm. . Those present were Chair Pentel and Commissioners Eck, Groger, Key and Rasmussen. Also present were Director of Planning and Develo~ Grimes and Administrative Assistant, Lisa Wittman. I. Approval of Minutes January 12, 2004 Planning Commission Meeting Groger referred to page 7, paragraph 7 and clarified t higher density development in areas where the . ugg ing utilizing rage redevelopment. MOVED by McAleese, seconded by Eck and m minutes with the above noted change. nanimously to approve the II. Informal Public Hearing - C Applicant: Address: Purpose: e the operties on the Comprehensive Plan Map from ity (5 to 11.9 units per acre) to High Density (12 or acre) ning Commission that this agenda item was tabled at their eir January 12 meeting. The Planning Commission requested resent for the discussion but he wasn't able to attend the so that is why this issue wasn't able to be discussed until this inded the Commissioners that they suggested discussing these f property now and reviewing the whole Comprehensive Plan Map at a Pentel asked if the proposed development would be coming back to the Planning Commission as a Planned Unit Development. Grimes said no, the property is zoned Multiple Family and the only city board or commission it will have to go before prior to the issuance of a building permit is the Building Board of Review. Pentel asked if the City is presuming the proposed development would meet all of the City's requirements. . Grimes said staff is suggesting the applicant change the Comprehensive Plan Map designation just on these parcel to high density which would allow anything over 12 units per acre and that that would solve the conflict between the two documents. .~ . . . Minutes of the Golden Valley Planning Commission January 26, 2004 Page 2 Pentel asked if the City would have any assurances that the development being proposed would be built the way it is being proposed. Grimes explained that the property is zoned M-1 so the highest density he could put on the property is 19.8 units per acre. Rasmussen asked if there could be any way the City could ask the developer to make any changes to the entrance, exits or driveway locations which are the big concerns for the residents across the street. Grimes said that the developer has agreed to put the berm in. He sa' engineer will be looking at the design of the parking lot and that t agreed to put in a right turn only out of the parking lot which wo traffic down to Laurel Avenue and over to Xenia Avenue rat neighborhood and staff would hold them to these commitm Allen Barnard, City Attorney, said that he wants to em~ The Comprehensive Plan Map is a planning docu City makes and that the Zoning Code is the law citizens. He said that the distinction is that Mr. Map which permits up to 20 units per acre indicates the property is medium densit that if that applicant complies with the permitted use. He said in his opini seems obvious to change the C t t a conflict. the decisions the t cisions made by the been looking at the Zoning rehensive Plan Map . He said that the point is e w a e wants to build is a 'that needs to be rectified and it n Map. Pentel clarified that no oth Comprehensive Plan Ma Density all of the parcels correct and that he s i the rest of the Com ould be altered or changed by changing the City changed the definition of Medium at wa ould be changed. Barnard said that was sense to look at just these parcels first and to study n Map later. is doing now is forcing the. two things together by going to omprehensive Plan Map to match the lowest density in the isn't the proper fit and that the more proper thing is to hensive Plan definition of medium density to "up to 20 units per hat after studying the rest of the properties on the Zoning Map the Planning mission may ultimately decide to create a new zoning category between high, medium and low density on the Comprehensive Plan Map. Rasmussen said that she thought if the two documents weren't in accordance with each other that the Zoning had to match. Barnard explained that in 1997 the law was changed so that when rezoning a parcel it has to be consistent with the Comprehensive Plan. This case isn't a rezoning situation, it is a situation of the City discovering an inconsistency. Minutes of the Golden Valley Planning Commission January 26, 2004 ' Page 3 . Pentel stated that this inconsistency should have been caught when the parcel was rezoned from Open Space to M-1 Zoning. Barnard agreed and said technically, in 2000 the City didn't follow the Comprehensive Plan when it should have. Grimes said the area was designated as mid density in 1982 on the Comprehensive Plan Map and in the late 1950's is was shown as a location for higher density housing on the Comprehensive Plan Map so he thinks it was always meant to be high density, it is just a matter of how high. Rasmussen asked' this property. Pentel Comprehensiv Rasmussen ask Compreh perac Groger said it is inconsistent if this property was rezoned in 2000 an rezoning was changed in 1987. Barnard stated that is an argume 0 make, but it has been the City's existing law for three years. Gr r sal to state statute what the City did was illegal. Barnard said th t note of the change in 1997 when the legislation flipped flop Comprehensive Plan Map and the Zoning Map because it us Map controlled the property before 1997 and people . Eck asked if this change is made if the City is fo this kind of change to the Comprehensive Plan. Plan Map change requires public notice. E go to. Grimes said to property owners it also requires a public hearing before consistencyby the Met Council. o rocedure to make that a Comprehensive ublic notice is required to hange. Grimes added that o mission and review for Eck asked what the procedure changed. Grimes said the the newspaper. t e t of the Comprehensive Plan was Id have to be notified by publishing a notice in Commission is discussing changing the zoning on that they were looking at changing the that these properties would be governed by. property is currently designated. Grimes explained that the Map designation is mid density which allows 6 to 12 units -1 which allows up to 20 units per acre and that is the conflict. ought there are three choices. One is to change the zoning of this change the definition of medium density to allow for higher number of d the third choice is to change the Comprehensive Plan Map designatio these parcels from medium density to high density. Pentel stated that they are talking about changing the designation for these parcels and thought that Commissioner Keysser was reading an old staff report. . Groger said given the number of inconsistencies they will be studying what if the Planning Commission proceeded with this change and it hypothetically made this property inconsistent in the future with what was done now. Barnard explained that the Comprehensive Plan Map can be changed to something Minutes of the Golden Valley Planning Commission January 26, 2004 Page 4 . different than what is on the land and that the Comprehensive Plan can be changed to something different than what the zoning is. He said the Comprehensive Plan is like a wish list and does not have to match the land identically and that it doesn't govern or bind the developer. He said the law says that when a City does a rezoning they have to follow their Comprehensive Plan, but they don't have to change what is on the land. Pentel asked if that is how the Council felt, because she thinks there may be some council members who think the two documents have to be identical. . Rasmussen asked why then is the Planning Commission discussing thO said because the Comprehensive Plan is supposed to be a legitimat guides the future plans of the City and it doesn't make sense to b . that you know isn't going to match the Comprehensive Plan for next added that the two documents should be consistent. Pentel at Comprehensive Plan Map designation does not change the p d M-1. Barnard hat g e Ing the ation of Pentel opened the public hearing. John Dibb, 319 Turners Crossroad South, state "PUD" used and asked for a definition. Pe be built that might not meet the City's z requirements or use requirements. De said that this particular property w would not require a PUD. heard the abbreviation a PUD is way a project can etback requirements, density allows more flexibility. She al Zoning Code requirements and Dibb asked Barnard to ela and the Zoning Map tha Meeting. He said that ov made it was consis changing the Comp wrongs don't a to be lost. verlap between the Comprehensive Plan Map cAleese referred to at the last Planning d be nsidered because when the Zoning Map was Comprehensive Plan Map and now the talk is about Map to match the Zoning Map. He said that two is opinion, money is to be gained and quality of life is ging this property to a higher density residential designation e underlying zoning of 5 to 20 units per acre even with the higher map designation. She asked Barnard to address the issue of the the Zoning Code allowing a certain amount of dwelling units per acre ation of that overlap. She said she thinks what occurred between the City rty owner was an assumption of what was going to be built on this property. Barnard said there may appear to be an overlap in the two documents, but they are different concepts and the numbers are there for different reasons and to compare them is apples and oranges. Zoning is the law to this parcel and the Comprehensive Plan is . the guide plan for City, it is more than just a map. Erik Wibholm, 109 Turners Crossroad South, stated that the two documents are consistent. He said that if the state statute says the zoning must be consistent with the ~ Minutes of the Golden Valley Planning Commission January 26,2004 Page 5 . General land Use Plan, it is because today it says it is zoned "up to" 19.8 units per acre. He referred to Grimes saying that a berm would be ok with the residents of the entire area and said that is an interpretation and an assumption on his part. A driveway going through the present Goldman property directly to laurel is what most of the residents would be agreeable to happy with. E re that was a valid analogy because that would say that there was in time, a statute that said a municipality couldn't make a speed limit that. nt with a state plan and therefore the 35 mph speed limit would have been unla at the time it was done. Barnard said he was not talking about statutes, he was talking about MnDOT's transportation plan for the entire State. He said he was trying to show what a Comprehensive Plan is and that it is not a superior zoning plan. Eck said that Mr. Dunne's point was that the City couldn't make a zoning change in 2000 that was inconsistent with the Comprehensive Plan and that would be in effect unlawful. Barnard . said the City did it and did it for three or four years. Pentel said they are not arguing with the zoning, what they are questioning is whether when the Comprehensive Plan revision was done is was this was the correct category to have placed this property in given what was known to be coming as a ent proposal. She encouraged the residents to appear at the City Counc' en this proposal is discussed and said that would be the appropriate plac 0 specifics with regard to the property. Grimes said in terms of site design he is committed to watc Building Board of Review abouUhe lighting that has been dis that has been committed to as part of the landscapin Grimes explained that because this proposal is to require the owner to go through another pers unless the owner is willing to do so. He ad properties has always been on Turners e oesn't have the right for access to laurel Avenue s for all four of these . Tommy Dunne, 201 Turners Cros was zoned M-1 in 2000 and the should never have been rezone Plan so that rezoning to M- ;:;at it is unclear to him if the land Plan was in force since 1997 then it consistent with the Comprehensive Barnard said that is proba perspective. He ga a MnDOT has an ove be 30 mph but s that road you ca someday the Co est a ment someone can make from that of having a road that has a speed limit of 35 mph and State that those kinds of roads are going to eventually e road is still 35 mph so if you drive 35 mph or less on ket even though MnDOT has this plan in the works that . s on that kind of road are going to be different. That is what saying, that someday these things will all be different. . . . Minutes of the Golden Valley Planning Commission January 26, 2004 Page 6 Grimes said that the zoning categories go from Single Family to Two Family and then to M-1 there is nothing in between R-2 which is less than 5 units per acre and M-1. He said it was probably just assumed back in 2000 that it was logical to rezone the property to M-1 because it was the next category up and it seemed to fit for a typical three story apartment building. Pentel said that M-1 density is. consistent with the Comprehensive Plan Map designation the property has now and that what is not consistent is the City's discussions with the owner of the property about the development that meets the M-1 desi 19.8 units per acre, but didn't realize that the Comprehensive Plan conformance. Barnard said that the Comprehensive Plan doesn't things and that the bottom line is that it is an internal City probl and Comprehensive Plan. Pentel added that if a developmen per acre it would still fit within M-1 and it would conform to t designation. She added that we have a very specific propert believe that he will be allowed to develop the propert develop it. rmit ap 12 units Plan Map been led to en planning to Mark Maida, 637 Turnpike Road, said that this i affect people's everyday lives and propert has the opportunityto recommend a ce City problem, but it does if the Planning Commission to the City Council. Pentel said that they can recomm Plan Map designation that woul Map and the Comprehensive P il a change in the Comprehensive Goldman would like to do, the Zoning rmance. Maida, referred to the la there was a key phrase an opportunity to in mission meeting and said there was talk of how 9. u s per acre which led him to believe there was ber of units approved per acre. Pentel explain Comprehensiv per acre. III still stand at 19.8 units per acre and that the eeds to be changed to high density to allow that many units . can not determine things like where the driveways will be or what the and that the property is zoned Multiple Family. He said if it meets the the Zoning Code and the Building Code they can build the building. He wner has committed to go above and beyond what he needed to do in what the City and the residents have asked. Maida asked if all of the neighbors concerns are a moot point because of the zoning that is in place. Grimes said that the residents concerns are protected by the Codes of the City. Maida said that as far as the number of units, exits and entrances, berms, direction and flow of traffic the neighbors can't have any influence at all. Grimes said the neighbors can ask for anything and that the City and developers do listen and that because of the neighbors input the berm was added to this development. \ . . . Minutes of the Golden Valley Planning Commission January 26, 2004 Page 7 Maida said his concern is not only with the number of units and traffic going into the neighborhood, but entrances and exits would obviously impact the traffic as well. He said that a house on a lake is valued more than the same exact house on a cul-de-sac which in turn is valued more than the same exact house on a busy street. These are just facts. Maida stated that the Church has a daycare center and there are lots of children in the area. He added that at the last Planning Commission meeting there was talk about Xenia Avenue being built right through the wetland and said that what is basically left of the wetland is a 5 by 20 foot strip and he didn't know if that counts as conserving wetland. Pentel explained that the wetland areas were engineered as part of t . Avenue so that they are now interconnected to flow together. Maida asked what the proposed rents for the apartments wo would be market rate. Pentel said the City does not know a but it is their understanding that the building is geared towar children, a similar demographic to what is in the area Commissioners information about apartment vac stated that whether the applicant has rental unit this meeting. Maida agreed but said what is a c number of vacancies add to devaluation. him with any of his wishes or concerns. e f e building mes without the ntal market. Pentel not the concern at the number of units and the hat he could call or write to George Peters, 209 Turners Cross assumption that this proposed said that he thinks it is perfect t Colonnade are both in the and that when Laurel Es demographics were very being a senior prop and building. . at they are all working under the g is going to be occupied by seniors. He rot onals because Allianz and The there is no guarantee this building is for seniors lIianz and Colonnade weren't there so the . He s he really questions the whole concept of this sn't think people should be calling it a senior apartment Pentel said sh Grimes a probab t at the City can't know what the market is going to suggest. id that it will be market rate apartments and there would s, families and seniors. n't think parallels can be drawn between Laurel Estates and this uilding because the neighborhood characteristics have changed Laurel Estates was built. Gary Gandrud, Faegre & Benson, 90 S. 2nd Street, Minneapolis, Attorney representing the applicant, stated that this is the City's application. He said that they are good neighbors, they have been good neighbors and that they have no intention of being anything less. He said they will be extremely sensitive to the neighbors and added that they have 100% occupancy and a waiting list for the new building. Pentel closed the public hearing. \ Minutes of the Golden Valley Planning Commission January 26, 2004 Page 8 . Pentel clarified that the matter before the Planning Commission is whether to change the Comprehensive Plan Map designation on these four properties to high density. Eck stated that it is the City Attorney's opinion that Mr. Goldman has every legal right under the zoning ordinance to proceed with this project and that the zoning prevails and that basically what it comes down to is that this is an exercise in making two things conform and there isn't a lot to be gained by undermining that. . ould be voting against this proposal. He said he thinks there can be ating that the Comprehensive Plan allows up to 12 units per acre and the zoning ca w "up to" 20 units per acre and that the two don't have to be in exact conformance with each other. He said that given there is nothing between R-2 and M-1 it's a very broad category and perhaps what that says is when the City initially determined on the Comprehensive Plan Map is that M-1 should be only 12 units and that's what was really intended for this property. He said given that the property to the south currently has a use which is approximately 12 units per acre to him having a higher density in the location to the north, which is more intrusive on the neighborhood, doesn't make sense. He said even though he thinks the developer is a great developer and he thinks it would be a nice addition he would rather see the issue citywide dealt with rather than McAleese said he disagreed with Barnard. He said it isn't clear what th was when they passed the law. He said eventhough he disagrees w' up at the same point on different grounds. He said the problem is t has to trump in this situation. He said we do have the problem e con when the Zoning Code got passed which would mean the Cit a time and he doesn't think it did. He thinks the Zoning Code I t w' Comprehensive Plan and that the "up to" language makes it proposal were coming to the Planning Commission a designation because the designation that is there' early as 1982. He said the whole area has chan circumstances have really made it a better locat Comprehensive Plan currently states so h said that at a later date he would enjoy Attorney because he understands his differently and found that compreh he disagrees with Barnard he t . supporting the Comprehensive tive intent ey end ode isted that . t e aid if this changing the t was put in place as d the changing er density then the hange for that reason. He versations with the City ow hat courts have viewed it trol zoning. He added that while d up in the right spot and he will be tion change, Keysser stated from a la roposal makes sense and he will support it. Rasmussen said s 12 units per acre, S should have t 0 Commission h a look at t decisio develope 'ghest and best use for the property would not be 5 to area that borders residential she thinks the City e a look at some of the variables the Planning ng about with this proposal. She said they really need to take of zoning they have and to not make any more spot specific ity has been looked at. She added that she is hopeful with this ill do a good job with this project. \ Minutes of the Golden Valley Planning Commission January 26, 2004 Page 9 . specifically separating out this property and making a change which he doesn't necessarily believe is the right place to end up. He would rather see a lower density on this property. Pentel asked what the density is at the property to the south (Laurel Estates). Grimes said it is at about 15 units per acre. Rasmussen asked about the process a Comprehensive Plan Map change has to go through. Pentel said the next step is a public hearing at the City Counc' s added that the proposal is also sent to the Met Council for review. Rasmus t changing the Comprehensive Plan Map really takes some effort. t the Council has said they thought the Planning was right on by 100 ' ur properties now and studying the rest of the City in the future . Keysser asked what the implications would be if nothing wer Barnard said the City would end up in a situation i would have an internal inconsistency. He said t administrative act and that an application has to Code, not the Comprehensive Plan. get tied down to and it f 'Iding permit is a i1ding Code and Zoning Grimes referred to the purpose statem Zoning Code and said that the pur between 15 and 27 units an acr U tip amily zoning section of the 1$f medium to high density housing Pentel said she can under she agrees with Commi a way to mitigate the vast against this and sh . ks inconsistencies be is an administrative issue in a sense. However, terms of using the Comprehensive Plan Map as e - oning district. She said she will be voting force needs to get going quickly to study the Map and the Comprehensive Plan Map. ded y Eck and motion carried 4 to 2 to approve the request s on the Comprehensive Plan Map from Medium Density (5 to Density (12 or more units per acre) for the properties located d 310 Turners Crossroad. Commissioners Groger and Pentel voted o l. -- Short Recess -- II. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings . Pentel stated that she would be attending the BZA meeting on January 27,2004. McAleese reported on the January 20, 2004 City Council meeting and said that the Oak Park Acres subdivision request was approved. \ Minutes of the Golden Valley Planning Commission January 26, 2004 Page 10 . III. Other Business Election of Vice Chair MOVED by Eck, seconded by McAleese and motion carried unanimously to nominate Keysser to be the Vice Chair of the Planning Commission. Keysser accepted the nomination. IV. Adjournment The meeting was adjourned at 8: 15 pm. . . . .. . . . lIey Planning 763-593-8095/ 763-593-8109 (fax) Date: February 4, 2004 To: Planning Commission From: Mark W..Grimes, Director of Planning and Development Subject: Informal Public Hearing on Conditional Use Permit (CUP) to Allow Gas/Convenience Store with Two Car Wash Bays at 600 Boon Ave. N. (NE Corner of Boone Ave. and TH 55)-EFP, LLC (Golden Valley BP), Applicant Golden Valley BP has applied for a conditional use permit (CUP) in order to allow for the construction and operation of a 3,200 sq. ft. convenience store with six multi-product dispensers for gas and 2,160 sq. ft. dual car wash. The existing service station that includes a car wash bay and service bays will be torn down to make way for the new facility. Th~ property is currently owned by BP Products of North America and is under a purchase agreement to sell to Golden Valley BP to construct the new facility. The 1.95-acre site is designated on the General Land Use Plan Map for Commercial uses. A gas/convenience store with car wash is consistent with this 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-Bassets Creek Office Park (zoned Business and Professional Office with a PUD permit) . West-Service station (zoned Commercial without a CUP) . North-Vacant property (zoned Light Industrial but recently acquired by the City to be used for ponding) . South- TH 55 and Brookview Golf Course (zoned Institutional) The nearest residential property to this site is the Mallard Creek apartments 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 its construction. The improvements include the canopy over the pump islands, car wash bay and interior improvements to create a small convenience store. Since the gas 1 . station was constructed prior to the change to the Zoning Code that now requires a CUP for a service station, there is no CUP for the existing business. Because of the demolition of the store, any new construction has to meet the requirements of the current Zoning Code. As stated above, the construction of the gas/convenience store with a dual car wash requires a CUP. With the application for a CUP, staff will review certain issues and make a recommendation on whether or not to recommend approval of the CUP. This is the second CUP application that has been received for this property since the fall of 2001. At that time, BP Products of North America was granted a CUP to construct a new gas/convenience store with one car wash bay that totaled 5,065 sq. ft. in area. The convenience store/gas station approved in 2001 was about 1,000 sq. ft. larger than the one now proposed but the car wash was less than half the size. (The 2001 plan indicated a separate car wash building while the 2004 CUP application attaches the dual car wash to the convenience store.) The 2001 plan indicated 8 multi-product dispensers for gas while the 2004 CUP indicates six. . Once the City issues a CUP, the owner must commence work to carry out the plans outlined in the CUP within one year. In the case of the CUP permit approved by the City Council on December 3, 2001 for the new BP store, construction had not begun by December 3, 2002. At that time BP Products of North America asked the City to extend the CUP another year (along with variances that were issued by the BZA for this development). The City Code did not allow for this type of extension so the City Council changed the Zoning Code to permit one (and only one) one-year extension. BP then applied for an extension under this new Zoning Code provision and an extension was granted until December of 2003. Toward the end of this extension period, BP Products of North America made us aware that their plans had changed for this site. It was no longer going to be a "company store" but one that would be built by a franchisee and then it would be branded as a BP store. The store design would be changed somewhat from the plans submitted in 2001. They were told that any significant change to the approved CUP would require a new or amended CUP. Due to the expansion of the General Mills World Headquarters, the City has been planning traffic related improvements to the street system in order to accommodate the additional workers in the area. Improvements have already been made to General Mills Blvd. from 1-394 north to Betty Crocker Dr. Additional improvements are planned to begin this summer to improve the intersection TH 55 and Boone Ave. These improvements are outlined in the memo from City Engineer Jeff Oliver, PE, to me dated January 29,2004. In particular, the improvements necessary at the Boone Ave. and TH 55 intersection are much more significant than originally anticipated in December 2001 when the CUP was approved for BP. At that time, BP had committed to providing the City with an additional 14 ft. of right-of-way for anticipated improvements. As indicated in Mr. Oliver's memo, the City and Golden Valley BP have now agreed to a 37 ft. wide easement for right-of-way expansion on Boone Ave. N. in front of the future Golden Valley BP station. . As a result, the City staff and Golden Valley BP (who has the purchase agreement with BP Products of North America to buy the site) have met to discuss how the property can be developed in a manner that would provide for the necessary street and drainage improvements necessary to improve the intersection. The proposed plan submitted by Golden Valley BP will 2 provide the City with all necessary easements to provide the improvements. These easements . would be provided as long as the CUP for the development is approved. The applicant has presented a great deal of information about this CUP application. The plan packet is attached for your review. Also, a letter from Project Architect John Kosmas, AlA, is attached that goes into detail regarding the application. PLANNING STAFF COMMENTS As stated above, the City Engineer has written a memo regarding the proposal. Planning staff is not going to repeat his comments. All of Mr. Oliver's comments and recommendations will be adopted in this report and made one of the recommendations of approval. There are some issues that the Planning staff would like to emphasize: . Building and Property-The existing building on the site is about 3,000 sq. ft. in area compared to the new building that will be about 5,300 sq. ft. in area. The new building is located farther from proposed Boone Ave. than the existing building is located from existing Boone Ave. (140 ft. vs. 110ft.). This allows for additional land to provide for the larger pump island area and width of the building. The proposed building is located slightly closer to TH 55 and Golden Valley Rd. than the existing building. (The proposed building is located farther to the east where the property is actually narrower from north to south.) As indicated in the City Engineer's memo, the proposed access to the site from one driveway on Boone Ave. and two driveways on Golden Valley Rd. The proposed plans for the building are attached along with a description in the letter from Mr. Kosmas. The Planning staff finds it to be well designed and a great improvement over the existing situation. The Building Board of Review will review these plans. A landscape plan has also been submitted that appears to be adequate. The Building Board of Review will also review this plan. Parking-The site plan indicates that there will be a total of 28 parking stalls (16 parking stalls next to the building and 12 stalls at the pump islands). There is no specific requirement for parking for this type of gas/convenience store. The gas station parking requirement found in the zoning code relates to stations with service bays. The staff suggests that the parking requirement should be based on one space for each 150 sq. ft. of retail space and one space for each 500 sq. ft. of storage space for the 3,200 sq. ft. building. About 2,700 sq. ft. of the building is retail space and about 500 sq. ft. is storage space. Therefore, the number of required spaces would be 19. The staff believes that the spaces shown on the 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. Therefore, the 16 parking stalls next to the building plus 4 of the pump island stalls (1/3 of the 12 pump island stalls) exceed the staff suggested parking requirement for the site of 19. . Car Wash-The City's consulting traffic engineer has reviewed the site in order to ensure that there would be minimal internal traffic conflicts. This review was done with the dual car wash lanes. There is more than adequate stacking to allow for the dual car wash lanes. This type of car wash is a benefit to the community and the dual car wash will allow for quicker service. 3 . . . Setback Issues-The proposed building and site improvements 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 (BZA). The setback variances that are requested are as follows: 1. The parking lot area along the future Boone Ave. N. will be located 8 ft. from the easement line. The required setback is 35 ft. (The City has asked for Golden Valley BP .to grant a 37 ft. easement for Boone Ave. N. in order to accommodate all the right-of-way needs for the upgraded street and sidewalk. The parking lot for Golden Valley BP will be located 20-25 ft. from the actual curb of future northbound Boone Ave.) 2. The parking lot areas along Golden Valley Rd. are located 25 ft. from the right- of-way line rather than the required 35 ft. 3. The parking lot and driveway along the south property line adjacent to TH 55 is located 18 ft. from the right-of-way line rather than the required 35 ft. The BZA will be hearing these variance requests at their meeting on February 24, 2004. The Planning Commission may want to give the BZA some direction on these variances. This CUP application is scheduled to go to the City Council on March 3, 2004 (assuming no tabling of action by either the BZA or Planning Commission.) Therefore, the City Council will have the decision of both the Planning Commission and BZA when the Council considers the CUP application. FACTORS FOR CONSIDERATION In approving of 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 over 30 years so there appears to be an existing market that will be enhanced by the dual car wash and convenience store. 2. Consistency with the Comprehensive Plan: The Plan map identifies the 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 a service station with a car wash bay and 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 ands Congestion in the Area: Although there will be some increased traffic due to the upgraded facility, the proposed use will not have a significant effect on traffic flow and congestion in the area, especially with the proposed street improvements planned for 2004. Please refer to the City Engineer's memo on this issue. 4 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 in the new store would be similar to the existing store. .. . 6. Increase in Noise levels: The staff does not believe that the number of employees or customers that will be on the site during the day will cause an increase in noise level. Due to the elimination of auto repair, the noise level may actually drop. The proposed store is directly adjacent to a major highway that carried about 50,000 cars per day. Also, staff is recommending that there be no use of outdoor speakers. 7. Any odor, Dust, Smoke, Gas or Vibration Caused by the Use: The new use is similar to the existing service station except there is no car repair. Therefore, no increase in these problems is expected. 8. Any Increase in Flies, Rats, or other Vermin on the Area Caused by the Use: If there is food prepared at the site, it will have to be done in a manner approved by the City Sanitarian. There is a screened dumpster proposed at the northeast corner of the site. With proper disposal practices, these pests should not be a concern. 9. Visual Appearance of Proposed Structure or Use: The structure will be completely new with landscaping. The Building Board of Review will review these matters. Overall, the proposed building seems to be attractive when compared to similar facilities in the 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 RECOMMENDED ACTION Staff recommends approval of the Golden Valley BP CUP for 600 Boone Ave. N. The plan appears to be well designed to meet the concerns of the developer, the City and future customers. The staff is recommending the following conditions: 1. The site, building and engineering plans submitted by the Golden Valley BP shall become a part of this approval. These plans include: Site Plan prepared by KK Design and dated 1/12/2004; Building Elevations prepared by KK Design and dated 1/12/04; Preliminary Grading, Drainage and Erosion Control Plan prepared by Anderson Engineering and dated 1/12/04; Preliminary Utility Plan prepared by Anderson Engineering and dated 1/12/04; landscape Plan prepared by KK Design and dated 1/12/04; and Al T A Survey prepared b Egan, Field and Nowak and dated 9/12/01. 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 January 29, 2004, shall become a part of this approval. . The recommendation of Deputy Fire Marshal Ed Anderson, as found in his memo to Mark Grimes dated January 29, 2004 shall become part of this approval. 6. Any signage for the building and site shall meet the requirements of the current City Sign Code. 5 7. Outdoor lighting shall be designed and used in such a way to minimize unnecessary light spillover. .. The variances requested by Golden Valley BP must be acted on by the Board of Zoning Appeals before this recommendation is sent to the City Council for action. 9. All other 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 CUP. ATTACHMENTS Location Map Memo from City Engineer, Jeff Oliver dated January 29, 2004 Memo from Deputy Fire Marshal, Ed Anderson dated January 29, 2004 Applicants Narrative Site Plans date January 12, 2004 . . 6 . i i. I .~J___ HIGHWAY 55 HIGHWAy,~5 --------------------- ~---- ~. \ \ / . ". . . . Memorandum Public Works 763.593.8030 I 763.593.3988 (fax) alley Date: January 29, 2004 To: Mark Grimes, Director of Planni~ Development Jeff Oliver, PE, City Engineer -t(1) Review CU-107, Conditional Use Permit for Golden Valley BP "C Store" From: Subject: Public Works staff has reviewed the proposed plans for the Golden Valley BP "C Store," located north of Trunk Highway 55, south of Golden Valley Road and east of Boone Avenue North. This proposed development consists of removing the existing Amoco gas station on the site and construction of a new gas station, convenience store and two car wash bays. This CUP was first approved by the City of Golden Valley in the fall of 2001, when the site was owned and operated by BP Amoco. The redevelopment of the site did not occur, and the City granted an extension to the developer in December of 2002. Since the CUP extension was approved, BP Corporation has sold the site to EFP, LLC; a local company that operates several gas/convenience stations in the Twin Cities area. Public Improvement Proiect Transportation Improvements The Environmental Assessment Worksheet (EAW) prepared for the recent expansion of the General Mills Headquarters included an evaluation of the existing and proposed traffic conditions. This traffic evaluation determined that improvements to the intersection of Trunk Highway 55, General Mills Boulevard and Boone Avenue North would be required to accommodate the traffic generated by the new employees at General Mills. The transportation improvements required by the EAW included a second westbound to southbound left turn lane on TH 55 at General Mills Boulevard; a second through lane for southbound Boone Avenue to General Mills Boulevard; and a dedicated right turn lane for southbound Boone Avenue to westbound TH 55. During plan development for these improvements, it was determined that the traffic volumes for northbound left turns from northbound General Mills Boulevard to westbound TH 55 would require an additional, dedicated left turn lane within 20 years. Therefore, the decision was made to add the second northbound left turn lane at this time. G:\Developments-Private\8P Amoco\CUP Review 04.doc '. . . . The addition of the second northbound left turn lane from General Mills Boulevard to westbound TH 55 resulted in a shift of the proposed roadway alignment to the east, on the north and south sides of TH 55. Based upon these traffic capacity issues, it was determined that additional right-of-way is needed on Boone Avenue North. This right-of- way is being dedicated to the City of Golden Valley by EFP, LtC as part of this development. Storm Water Improvements Another primary objective of the TH 55/General Mills Boulevard/Boone Avenue project was to minimize the flooding at the intersection of Boone Avenue and Golden Valley Road. The preliminary plans for the project included raising the elevation of the intersection to keep a minimum of one lane open in all directions during flood conditions. However, during design, it was determined that grades on TH 55 would not permit raising of the intersection of Boone Avenue and Golden Valley Road without causing significant drainage problems to adjacent properties. In order to provide the desired level of flood protection for Boone Avenue, a solution utilizing a levee and lift station was developed. This flood protection system consists of constructing a berm along Bassett Creek that will prevent flood water from the creek from flowing into the intersection. During normal (low water) conditions in the creek, the storm sewer system behind the berm will continue to flow by gravity. However, when Bassett Creek is in flood condition, a gate system will trap storm water runoff behind the berm in a pond, which will be drained with a pump into the creek. The proposed flood proofing system will effectively remove the properties behind the berm, including the BP site, from the floodplain. Because the existing flood storage volume in the vicinity of the project will be lost, mitigating storage must be constructed to prevent an increased flood level elsewhere on Bassett Creek. This floodplain mitigation, and the wetland mitigation that is also required as part of the intersection improvement project, will be created on the General Mills property north of Betty Crocker Drive and east of Trunk Highway 169. In order to formally remove the properties behind the berm from the floodplain, the City will need to process a Letterof Map Revision (LOMR) with the Office of Homeland Security (formerly Federal Emergency Management Agency). As the LOMR process is long and expensive, staff recommends that the process be combined with other LOMRs within the City (Breck School and possibly Scott Avenue) for processing into a single application. The LOMR process will be included as a potential project in a future Capital Improvement Plan for consideration by the City Council. Site Plan As discussed earlier in this review, the existing gas/service station on this site will be demolished as part of this development proposal. A new gas station and convenience store will be constructed further east on the site. Relocation of the building is now possible due to the flood proofing portion of the public improvement project previously discussed. G:\Developments-Private\BP Amoco\CUP Review 04.doc '. . . . The developer has proposed construction of this development during the summer of 2004, at the same time as the aforementioned public improvement project. The existing site, and the previously approved site plan, has full access to the gas pumps from Boone Avenue. Due to the traffic volumes, the proximity of the intersection of Golden Valley Road and the installation of a full median on Boone Avenue, full access can no longer be provided. The proposed site plan includes a right-in "slip ramp" into the gas pumps from Boone Avenue. This proposal includes a taper into the driveway entrance to allow vehicles entering the site to exit the northbound traffic lane prior to the intersection with Golden Valley Road. At this time, the project layout has been conceptually approved by the Minnesota Department of Transportation (MnDOT) with the driveway included. However, MnDOT may require that this access not be provided during the final plan approval process. Staff will continue to work with MnDOT to preserve the location of this driveway access. The City of Golden Valley will construct the driveway access into the BP site as part of the public improvement project at no cost to the developer. The current site plan also includes full access in two locations onto Golden Valley Road on the north side of the site. These driveway locations have been reviewed by the City's consulting traffic engineer, who has determined that the locations are acceptable as shown. In addition, the site plan includes the proposed locations of future medians on Golden Valley Road that are consistent with the median system east of Wisconsin Avenue. (It should be noted that these medians are not currently budgeted by the City, and should be considered as future improvements.) The proposed driveway accesses are located such that no conflicts will occur with the future median layout. The traffic engineer has also reviewed the proposed site plan for circulation issues. As proposed, there are no site access, circulation, driveway or parking conflicts that must be revised. In addition, the proposed site plan does not appear to pose a risk for internal backups that would impact traffic flow on the adjacent City streets. Following the public improvement project, the adjacent street system will have adequate capacity to accommodate the additional traffic that will be generated by this development. As discussed above, a total of 37 feet of additional street right-of-way is needed across this property in order to accommodate the public improvements on Boone Avenue. The developer has agreed to dedicate a Drainage, Utility, Street and Walkway Easement over the westerly 37 feet of the site to meet these right-of-way needs, at no cost to the City, as part of this CUP. The site plan also includes construction of a concrete sidewalk along Boone Avenue between TH 55 and Golden Valley Road. This sidewalk will be constructed by the City as part of the public improvement project at no cost to the developer. G:\Developments-Private\BP Amoco\CUP Review 04.doc ". . The driveway accesses onto Golden Valley Road must be the City standard for commercial and industrial driveways. The City will install these aprons, as well as the pedestrian ramps shown on the plan, as part of the public improvement project at no cost to the developer. The proposed site plan also shows a 40-foot wide easement for the flood proofing berm across the eastern portion of the site. An easement document for this berm has been prepared for signature by the developer. Utilitv Plan The existing Amoco facility on this site is currently connected to the City sanitary sewer and water systems. The sewer and water services are currently provided off mains within Boone Avenue. . Due to the presence of structurally unstable soils in Boone Avenue, lightweight fill must be placed to prevent future settlement of the roadway. Placement of the lightweight fill will result in a deep excavation on Boone Avenue that will conflict with future maintenance of the water main. Therefore, staff has determined that the water main in Boone Avenue between TH 55 and Golden Valley Road, including the existing water service to the site, must be removed. The City will also install a new six-inch water service to the site from the existing water main in Golden Valley Road. This water service is shown in the approximate location on the utility plan, but the final location will be determined during final design. This water service will be provided at no cost to the developer. The existing sanitary sewer service to the BP site will also be replaced as part of the public improvement projects. The new service will be placed on pilings to prevent future settlements, and will be constructed to the easement line by the City at no cost to the developer. Gradina. Drainaae and Erosion Control This site is within the Main Stem subdistrict of the Bassett Creek Watershed. Therefore, the development on this site is subject to the review and comments of the Bassett Creek Water Management Commission (BCWMC). . This proposed development is subject to the Bassett Creek Water Quality Policy. As outlined in the policy, the developer will be required to provide ponding on site for nutrient and sediment removal. The required water quality improvements were included in the previously approved CUP site plans. As discussed within this review, ponding will be constructed as part of the flood proofing portion of the public improvement project. This ponding will also provide the water quality improvements required by the BCWMC for the intersection improvements. In addition, the pond will be sized to provide the water quality volume needed for this proposed CUP. The pond will be constructed on the north side of Golden Valley Road on the property that was recently acquired by the City. This ponding will be constructed at no additional cost to the developer. G:\Developments-Private\BP Amoco\CUP Review 04.doc .. . . . In addition to the water quality ponding, skimming to remove floatable materials (paper, as well as gas and oil) from storm water runoff is required for this site. This skimming will be achieved by the installation of an environmental manhole in the northwest corner of the site near the intersection of Boone Avenue and Golden Valley Road. This environmental manhole will also treat runoff from a portion of Boone Avenue prior to discharge into Bassett Creek. The City will install this environmental manhole as part of the public improvement projects at no cost to the developer, and will own and maintain the manhole as part of its storm sewer system. The proposed grading plan does not include any contours or information east of the new building and Bassett Creek. This is the portion of the site that will be the location of the flood proofing berm discussed earlier in this review. The City will, to the best of its ability, provide common borrow fill for this portion of the site as part of the berm construction. This fill will be graded in a manner that is acceptable to the City and the developer as part of the public improvement project. As discussed earlier in this review, the floodplain volume being filled on this site will be provided as part of the public improvement project. In addition, the City's consulting engineer for the intersection improvements has identified a small wetland on this site that will be filled as part of the site development and flood proofing project. Mitigation for this wetland loss is also being provided in the General Mills floodplain mitigation area. The wetland filling and mitigation is included in the Wetland Conservation Act permit application that is currently being reviewed by all wetland permitting agencies. The developer will be required to obtain a City of Golden Valley Grading, Drainage and Erosion Control Permit for this project. This permit must be obtained prior to the start of work on site. The proposed grading plan does not include the location of any short-term erosion control measures such as silt fence, catch basin inlet protection or gravel construction entrances. These items, and any other that are applicable, must be included on the grading plan. The plan must be resubmitted for review following these revisions. This development will also require a NPDES General Storm Water Permit from the Minnesota Pollution Control Agency. A copy of the permit application, and a copy of the permit once obtained, must be provided to the Public Works Department. Tree Preservation There are no significant trees, as defined by City Code, on this site. Therefore, the developer does not need to obtain a Tree Preservation Permit. Landscapina The developer has submitted a landscaping plan for review and comment. Staff will review this plan for consistency with the landscaping on Golden Valley Road between Wisconsin and Winnetka Avenues, and for potential conflicts with utilities. Staff comments regarding the landscaping plan will be forwarded to the developer. G:\Developments-Private\BP Amoco\CUP Review <l4.doc 4,.. ,t " . . . The flood proofing berm will be landscaped by the City as part of the public improvement project. However, this landscaping will be limited to native grasses and wildflowers in order to maintain the structural integrity of the berm. Summary and Recommendation Public Works staff recommends approval of Conditional Use Permit Number 107 subject to the comments contained in this review. These comments are summarized as follows: 1. The grading plan must be revised to include the location of all temporary erosion control items to be implemented on site. The plan must also include the standard details for these items. The plan must be revised and approved by the Public Works Department prior to issuance of the grading permit. 2. Subject to the review and approval of the Bassett Creek Water Management Commission. 3. Subject to the review and comments of the City attorney, Building Official, and other City staff. Please feel free to call me if you have any questions regarding this matter. C: Tom Burt, City Manager Jeannine Clancy, Director of Public Works Ron Nims, Public Works Project Coordinator AI Lundstrom, Environmental Coordinator Eric Eckman, Engineering Technician Mark Kuhnly, Chief of Fire and Inspections Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshal G:\Developments-Private\BP Amoco\CUP Review 04.doc . . . Memorandum Fire Department 763-593-8055/763-512-2497 (fax) To: Mark Grimes, Director of Planning & Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Memorandum for Conditional Use Permit CU-107 Date: January 29, 2004 cc: Mark Kuhnly, Chief of Fire & Inspections I have reviewed the proposed site plan for the Golden Valley BP C Store & Car Wash Buildings. Listed below are the fire department's plan review comments. 1. An on-site fire hydrant will be required. The fire hydrant will be installed in accordance with the Minnesota State Fire Code and the installation of the fire hydrant will be in accordance with the fire code standards and the requirements of the Golden Valley City Engineer's Office. 2. The post indicator valve shall be located forty (40) feet away from the building and the post indicator valve shall be protected from any vehicular damage. Protective bollards will be installed in accordance with the Minnesota State Fire Code. 3. The fire department access road shall be designed and maintained to support the imposed load of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. 4. The fire department apparatus turning radius for the access roads shall be 45 foot inside turning radius. 5. The installation of the underground fuel storage tanks shall be in accordance with the Minnesota State Fire Code. 6. The installation of the fuel dispensers, piping and other related equipment shall be in accordance with the Minnesota State Fire Code. 7. The proposed parking spaces located in front of the gas station attendant observation window shall be eliminated. The attendant's primary function shall be to supervise, observe and control the dispensing of fuel. The observation window shall not be obstructed by any matter or materials. 8. The installation of no parking fire lane signs and related stationary posts shall be installed in accordance with the City of Golden Valley City Ordinance and the installation requirements in accordance with the Golden Valley Fire Department standard. . Page 2 9. Provide information and documentation to the fire department for unsupervised after-hours operations for dispensing of fuel. The information shall include the requirements listed in the Minnesota State Fire Code. 10. Provide the proper type and location of all fire extinguishers for the interior and exterior of the building. 11. The automatic fire suppression system shall be installed in the C Store and the Car Wash and the installation shall be in accordance with the recognized standards. 12. The proposed building will require a fire department rapid entry Knox Box. The Knox Box shall be located on the building in accordance with the fire department standards. 13. The proposed landscaping and utility equipment for the site shall not obstruct and fire hydrant, fire department connection or any other fire protection control valves. 14. The proposed building shall have approved address numbers. They shall be placed where they are legible and visible from the street or roadway fronting the property. 15. Provide to the fire department provisions to be made to prevent liquid spills from flowing into buildings, city street and city sewer systems during dispensing operations. . If there are any questions or comments regarding this memo, please contact me at 763-593-8065. . i<K DESGN 6112 EXCELSIO< BLVDoMINNEPf{J-'S, MN. 55416 (952)922-322c DIVISION OF P()6O CORF()RArIO~ . . . January 9, 2004 Mark Grimes, Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: EFP, LLC , property owner, dba, Golden Valley BP, Conditional Use Permit and Variance Application, Northwest Quadrant of Highway 55 and Boone Avenue North, KKD Project No. 0307.15. Dear Mr. Grimes, Dave Eastling, of EFP, LLC, Golden Valley Servicecenter, LLC, dba Golden Valley BP, (Owner / operator) has applied to the City of Golden Valley (City) for approval of a conditional use permit and setback variances for a new gas convenience store with a dual car wash facility on the 1.95 acre Amoco service station site (Site) at the northeast quadrant of Highway 55 and Boone Avenue North, south of Golden Valley Road. 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 3,200 square foot convenience store with self-service fuel pumps and a 2,160 square foot attached dual car wash and equipment area (Project). Automotive repair will no longer be provided on the Site. The convenience store will feature "convenience food offerings"; sandwiches, soups, coffee, pastries, milk and dairy products, customer walk-in beverage cooler. Open aisles and lower display shelving will make products easy to see and visible upon entry . into the store. The checkout counter is located at the west side of the store making observation of the pump islands by the cashier convenient for the customer. Parking is adjacent to the building for convenience. The site will feature Amoco fuels, including Amoco Regular, Amoco Silver and Amoco Ultimate. Payment at the pumps will be available to customers along with traditional inside payment. The building will be a one-story structure approximately 16 feet in height. Exterior materials will include the use of: aluminum and glass storefront / entry system, aluminum and glass overhead doors at the car wash bays. Architecturally treated colored rock face masonry concrete block - lower base area will be 16 x 16 cut stone pattern - medium tone, the upper wall areas will be running bond 8 x 16 rockface of a lighter tone. The accent band will consist of 8 x 16 - 4 inch scored burnished masonry units - medium tone. The exterior surface will be finished with a clear sealer to maintain consistent color and texture. The metal fascia and accent roof area will be prefinished color clad material. The dumpster enclosure will be of materials similar to the building and will have 80% opaque surface at the gates. . . . Mr. Mark Grimes January 9, 2004 Page 2 Golden Valley BP, 600 Boone Avenue North, Golden Valley, MN The project light meets applicable City Code provisions. Parking lot lighting will include shoebox fixtures with metal halide lamps on 20-foot poles. Site lighting will be directed downward and will not spillover to adjacent properties or roadways. The building will be lit by wall-mounted fixtures with solid fronts that will serve as accent lighting and security lights at entry areas. The front entry area will be lit by overhead recessed lighting located within the raised soffit area. The proposed project signage is slightly larger than the City guidelines recommendation of 200 square feet. The pylon sign will be located in the southwest corner of the site and consist of a 103 square foot sign, maximum 25 feet high and clear of the various easements that have been applied to the site. The building signage will consist of one main entry sign on the west wall and one smaller sign on the south wall - total 78.3 square feet. The canopy will have a logo located on three sides (south, west and north) - total 27 square feet. The directional signs for the car wash entry and exit are not included in the calculations. Total signage request equals 208.3 square feet. Considerable effort is taking place to help correct traffic and drainage issues related to the intersection of Highway 55 and Boone Avenue and Boone Avenue and Golden Valley Road. To help accommodate these efforts the city has requested various easements from this site. Beyond the existing westerly 33-foot roadway easement the site is granting an additional 37 -foot easement east of the 33-foot easement for a total westerly easement of 70-feet. On the easterly side of the site beyond the existing 90- foot drainage and roadway easement, the site is granting an additional 40-foot easement for the construction of a berm to control drainage adjacent to the property and Bassett Creek. The granting of these easements will allow the city, highway department and watershed district to control the drainage of the surrounding area. As a part of the Conditional Use Permit the City of Golden Valley will take responsibility for all water quality and quantity related issues, including permits from the water shed district and floodplain compensatory storage and mitigation requirements due to grade changes taking place on the Site. The property owner will not be required to provide financial compensation for the work completed by the City on behalf of this site. As a part of the Conditional Use Permit the City of Golden Valley will install new sanitary sewer service to the site (west easement line), new water service to the site (north property line) and new storm sewer service to the site (northwest easement line). All necessary support of these services will be provided by the City; pilings or compacted soil per soil engineers recommendations. J( DESGN 6112 EXCELSCR BL'vDoMINNEJfClIS, MN. 55416 (952)922-3226 .' . . . Mr. Mark Grimes January 9, 2004 Page 3 Golden Valley BP, 600 Boone Avenue North, Golden Valley, MN 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 drives. Plantings are also proposed at the base of the pylon sign at the southwest corner of the site. Landscaped and sod areas adjacent to the store and immediate parking areas will be equipped with an automatic underground sprinkler system. Internal access, circulation and parking meet City Code requirements. The submitted site plan shows two (2) access points to Golden Valley Road, both full access drives. The access point on Boone Avenue North will be a right-in-only drive slanted for this purpose. Signage will be provided to deter exiting this drive to assist the shape of the drive. This design accommodates the tanker trucks and allows ready access to the pump-islands and convenience store. The curb and apron construction from the city street to the property line or easement line will be constructed by the City of Golden Valley. The median proposed to be constructed on Boone Avenue will restrict traffic as it travels south on Boone Avenue. The median proposed to be constructed on Golden Valley Road will provide full access to both the east and west driveways for cars traveling east or west or traffic exiting the site wishing to travel east or west from the site. The project exceeds the City parking requirements (1 space per 150 square feet of retail floor area and 1 space per 500 square feet for storage floor area). Sixteen parking spaces are required and 22 parking spaces are provided (15 standard parking stalls, one handicapped stall and 12 pump island stalls allowed at one third ratio). Stacking for the car wash is extremely adequate and should present no problems for circulation. <K DESGN 6112 EXCELSICP BL'vDoMINNEARJJS, MN, 55416 (952)922-3226 . . . Mr. Mark Grimes January 9, 2004 Page 4 Golden Valley BP, 600 Boone Avenue North, Golden Valley, MN 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 Golden Valley BP's conditional use permit application. 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 Golden Valley BP convenience store will serve the convenience products and convenience food 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 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 guidelines. 3. Effect upon property values in the neighboring area. The land use proposed for the Project is substantially similar to the existing land use on the Site. The new convenience store decor and design collectively represent a substantial upgrade and improvement over the existing facility. 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. Extensive study has taken place over the past two years related to the traffic flow and congestion in the area of Highway 55, Boone Avenue North and Golden Valley Road. Based on those findings, the intersections and the related roadways are being upgraded starting April 2004. It was noted that this project's contribution to the projected peak hour trips at the . intersections is less than 1 %. The roadway project will increase turning lanes and through lanes along Boone Avenue North. It will also include redesign of the grades on Boone Avenue North from Golden Valley Road to the south side of Highway 55. To help facilitate these changes, the property owner has agreed to grant a 37-foot easement along the west side of this site, at the KKDESGN 6112 EXCELSlrn BLVDoMINNEPf(kIS, MN. 55416 (952)922-3226 . . . Mr. Mark Grimes January 9, 2004 Page 5 Golden Valley BP, 600 Boone Avenue North, Golden Valley, MN east side of the existing 33-foot right-of-way. Along with the increased easement, the two existing driveways on Boone Avenue North will be replaced with one right-in-only driveway. The proposed Project thus accommodates the planned roadway improvements at Highway 55, . Boone Avenue North and Golden Valley Road. 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 projected traffic congestion can be accommodated by the 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 without the automobile repair services. 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 sale of beverages, pastries, 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 Golden Valley BP store and attached dual 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. ' 10. Any other effect upon the general public health, safety, welfare ofthe City and its residents. The Project will not adversely impact public health, safety or welfare. It is consistent with the existing zoning guidelines of the Site and represents a substantial upgrade and improvement of the existing facilities on the property. The easements for additional roadway on the west side of the site and the eastern easementto allow construction of a 40-foot berm on the east side of the property will provide the general public with for traffic improvements and storm water control. KK DESGN 6112EXCELSlrn BL\lDoMINN~IS, MN. 55416 (952)922-3226 . . . Mr. Mark Grimes January 9, 2004 Page 6 Golden Valley BP, 600 Boone Avenue North, Golden Valley, MN 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 dual 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 southern drive lane requires a 17 -foot variance. The southern drive lane is located within 2 feet of the existing bituminous edge. 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 guidelines and zoning. Strict compliance with 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 that results in three 35-foot front yard setbacks under the City Code. In addition there is an extraordinary setback from Bassett Creek along with the newly created 40400t berm request between the building and the creek. Redevelopment of the site is also constrained by the additional 37-foot easement request alongside the existing 33-foot right-of-way easement for Boone Avenue North. This easement east of the current easement is provided to accommodate the Highway 55/ Boone Avenue North improvements. As described in the introductory paragraphs of this narrative, Golden Valley BP proposed to grant the City the easements to allow construction of the berm, and the easement for roadway improvements. Golden Valley BP is willing to cooperate with the City to help address these public needs. Thus, the public, as well as Golden Valley BP, will benefit from the proposed Project on the Site. If you have any questions concerning the Project in general, the submitted drawings or this narrative, please feel free to call me at 952.922.3226. ~ John Kosmas, AlA K. K. Design KK DESGN 6112 EXCELSIa< BLVDoMINN~IS, MN. 55416 (952)922-3226 . . . DATA AND INFORMATION SHEETS FOR GOLDEN VALLEY BP, GAS I CONVENIENCE STORE I DUAL CAR WASH FACILITY January 9, 2004 Page 1 Re: Golden Valley BP, Gas I Convenience Store I Dual Car wash Site Plan Review Application, Variance request and Conditional Use Permit. Proposed Use: Gas Convenience Store, six (6) MPD's (Multi-product dispensers), and.two (2) rollover Car Wash facilities. Location: Northeast quadrant of the Highway 55, Boone Avenue North intersection and south of Golden Valley Road, 600 Boone Avenue North, Golden Valley, MN. Legal description: See legal description on survey by Egan Field and Nowak, Inc. Zoning: Current zoning Commercial District. Auto related, gas station, carwash and retail establishment requires a Conditional Use Permit within this district. Setback(s) Parking and Building: The proposed building, dumpster enclosure, pump islands, canopy and the majority of the parking and drive lanes meet or exceed the required setbacks. The southern drive lane requires an average. variance of seventeen (17) feet and the northern drive lane requires a ten (10) foot variance. The proposed southern drive lane is located within two (2) feet of the existing bituminous edge. Setback for: City Guidelines (Feet) Proposed (Feet) Front building (Boone) 35' 148' from 37' easement, 185' from 33' easement 76.5' 47 or greater 82' from 40' berm easement 45' from prop. line, 8' from 37' easement 25' Side building (G. V. Rd.) Side building (Hwy 55) Rear building (Creek) Front parking I drive lane 35' 35' 50' 35' Side parking I drive lane (Golden Valley Road) Side parking I drive lane 35' (Highway 55) Rear drive lane 35' 18' n/a KK DESGN 6112 EXCELSIO< BL\;[)oMINNEAP:::lIS, MN. 55416 (952)922-3226 . . . January 9, 2004 Page 2 Re: Golden Valley BP, Gas I Convenience Store I Dual Carwash Site Plan Review Application, Variance request and Conditional Use Permit. Parking requirements: A typical Gas / Convenience facility attempts to provide ten (10) parking stalls plus stalls at the pump islands for customer spaces. It is recommended that four to six stacking stalls be provided for each wash bay. This allows for both customer and employee parking for this type of facility. City Parking guidelines': Number required Total stalls Retail/Establishment One per 150 sf. (1,950/150) 13 Storage and prep area One per 500 sf. (1,250/500) 3 Total recommended 16 Parking provided: 15 standard stalls 15 1 handicapped stall 1 12 pump island stalls (12/3) 4 Total provided 20 Car wash stacking stalls: 6 per carwash 12 Site data: Lot area 85,090 square feet, (1.95 acres) Convenience store building gross floor area - 3,200 square feet (1,950 retail space and 1,250 storage / prep. area). Car Wash bays and equipment room 2,160 square feet. Total building - 5,360 square feet, lot coverage six (6) percent. . Site hard surface (concrete and bituminous) area, 37,300 square feet or forty-four (44) percent. Landscape area, 42,430 square feet, or fifty (50) percent. Landscape: The proposed landscape plan incorporates the general guidelines recommended by the City of Golden Valley as discussed with city planning staff. Plantings that are tolerant to salt and snow have been located adjacent to the drive lanes and parking stalls. The dumpster enclosure has been screened with Junipers, trimmed at seven (7) feet for additional screening and buffering of the structure. Trees have been included at the perimeter of the site for color and accent of the entry drives. PJantings are provided at the north, west and south side of the site along side the drive lanes and parking stalls. Plantings have been included at the base of the pylon sign located at the south property line. The landscaped and sod areas adjacent to the building and immediate parking areas will include underground irrigation. Landscaping noted on the easement areas will be provided by the City of Golden Valley. <K DESGN 6112 EXCELSIO< BLVDoMINNEIfClIS, MN. 55416 (952)922-3226 . . . . January 9, 2004 Page 3 Re: Golden Valley BP, Gas I Convenience Store I Dual Carwash Site Plan Review Application, Variance request and Conditional Use Permit. Signage: Site and building signage has been noted on the elevations. The building signage will be on the south and west sides of the building. The site sign or pylon sign will be located at the Southwest corner of the site. The canopy signage will be on the south, west and north sides of the canopy. The proposed signage is slightly greater than the City of Golden Valley's guidelines due to the unusual road configuration surrounding the site. City guidelines for Permanent Signage: Commercial Zoning District allows 200 square feet for property with a lot area of 1 - 3 acres. Pylon sign shall not be greater than 25 feet in height. Proposed signage: (Finalsignage proposal will be included with sign permit application) Car wash, entry and exit signs, are directional signs and therefore not included in the calculations below. Wall signs: West wall (Front on Boone Avenue) above entry South (Side - 5.5 x 5.5 = 30.25) Canopy signs: S I WIN sides (Logo 3 x 3 = 9 each) Total wall signs Pylon sign: (Maximum 25 feet high) One (1) Southwest corner of property 48.0 sf 30.3 sf 27.0 sf 105.3 sf 103.0 sf Total of signs proposed 208.3 sf Site Lighting: Shoe box design fixtures with metal halide .Iamps on twenty (20) foot poles are proposed. The site lighting will be directed away from the adjacent roadways and properties. Building Lighting: Wall mounted fixtures will have solid fronts and direct light up and down as accent lights. Security lights at entry areas and rear of building. Canopy Lighting: Fixtures are mounted up in the canopy structure and directed downward away from the site perimeter Utilities: New water, sanitary and storm sewer services to the site will be provided by the City of Golden Valley from the main service to the existing property line or easement line. Other services will also be new as provided by the various utility companies. The sewer and water services will be installed on pilings due to soil conditions. ~ DESGN 6112 EXCELSIO< BLVDoMINNEAFC:lIS, MN. 55416 (952)922-3226 . . . January 9,2004 Page 4 Re: Golden Valley BP, Gas I Convenience Store I Dual Carwash Site Plan Review Application, Variance request and Conditional Use Permit. Building Height: Proposed building is a one (1 )-story structure, with the building height of 16 feet +/-. Building Materials: The exterior materials will include the use of aluminum and glass storefront / entry system, aluminum and glass overhead doors at the car wash bays and architecturally treated colored rock face masonry concrete block - lower base area, 16 x 16 cut stone pattern, 8 x 16 running bond rockface at upper wall area. The accent band will consist of 8 x 16, burnished masonry units, with 4 inch Scores. The exterior surface of all masonry units will have a clear sealer to maintain consistent color and texture. The dumpster I trash enclosure will be constructed of similar building materials and have an eighty (80) percent opaque surface at the gates. (I( DESGN 6112EXCELSO< BL'vDo MINNEAFCtIS, MN, 55416 (952)922-3226 . . . lIey Planning 763.593.80951 763.593.8109 (fax) Date: February 3, 2004 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing -Preliminary Plat of Lakeview Heights Plat 2- City of Golden Valley and Hennepin County, Applicants Description of Minor Subdivision The City of Golden Valley and Hennepin County have applied for a minor subdivision in order to consolidate the parcels currently owned or controlled by the county in and around the Hennepin County Dispatch Center north of the intersection of Hillsboro Ave. and Naper S1. in the northwest part of Golden Valley. The proposed preliminary plat will create three lots. Lot 1 would remain with Hennepin County for the dispatch center. Lot 2 is tax-forfeited land administered by the County. The City has requested this property be conveyed to the City for public use (open space). Lot 3 would be sold to the Golden Valley Housing and Redevelopment Authority (HRA). The HRA has entered into a development agreement with Bullseye LLC for the development of a residential subdivision that would include seven two- family homes and two single-family homes. Four of the two-family homes (eight units) would be constructed by Habitat for Humanity. The other eight units (two single-family homes and three two-family homes) would be market rate. The Bullseye development will require a Planned Unit Development (PUD). Proposed Lakeview Heights Plat 2 is currently in the Lakeview Heights subdivision. However, the alleys and streets within the proposed subdivision controlled by the county have been vacated. These streets and alleys were vacated a number of years ago when the county decided to use this property for the dispatch center and shooting range for public safety officers. The shooting range was abandoned in the late 1980s and the building on the shooting range site was removed in the early 1990s. Since the shooting range was abandoned, proposed Lots 2 and 3 have been vacant. (The county did do a substantial amount of environmental cleanup primarily on Lot 3 due to the pollution caused by the shooting range. This cleanup was done to a residential standard in order that the site can be used for housing.) The total area of all three lots is 10.63 acres (Lot 1 =5.24 acres, Lot 2=1.65 acres and Lot 3=3.74 acres). The county either owns the properties within the proposed subdivision or administers tax-forfeited lots for the state. Lot 2 is tax -forfeited property and the City has requested it be conveyed to the City for public use (open space and trails). Some of Lot 3 is also tax-forfeited and will be turned over to the HRA and sold to Bullseye as per the development agreement with the HRA. The City of Golden Valley and Hennepin County have submitted the required information for a minor subdivision as indicated in the Subdivision Code. The preliminary plat indicates that each of the lots exceed the requirements for lots in both the Institutional and Residential . zoning districts. Factors for Consideration of Approval Consideration for approving or denying minor subdivision is set out in the Subdivision Code, Section 12.50, Subd. 3. Staff findings on each of the nine points are as follows: Proposed Lakeview Heights Plat 2 is designated on the General Land Use Plan Map for both Institutional and Low Density Residential in a manner that mirrors the Zoning Map for the area. The proposed Golden Ridge PUD is proposed to have 4.27 units per acr~ that is less than the 5 units per acre that is the maximum density permitted by the General Land Use Plan Map. The Hennepin County Dispatch Center is consistent with the Institutional designation on the General Land Use Plan map. 2. Minor subdivisions may be denied upon the City Engineer's determination that steep slopes or excessive wetness encumbers the buidable portion of a resulting new lot. The City Engineer's comments are addressed in the attached memo to me dated February 2,2004. The memo does not indicate a concern about steep slopes or excessive wetness on the property. The City Engineer does go into greater detail regarding the development of the Golden Ridge PUD in his memo regarding the PUD development. . 3. Minor subdivisions may be denied if public sewer or water connections are not directly accessible to each proposed lot. In this case, sewer and water connections are available to the three proposed lots. . 4. Approval of minor subdivisions shall be conditioned on the applicant's granting of easements for necessary public purposes as determined by the City. The final plat must indicate all necessary easements as required by the Subdivision Code. In this case, all necessary easements are shown on Lot 1 (Dispatch Center site) and these will be carried over to the final plat. The easements necessary for Lots 2 and 3 will be indicated on the Golden Ridge PUD plat. 5. When public agencies other than the City have some form of jurisdiction over an area including or directly affected by a proposed minor subdivision, approval of that minor subdivision may be conditioned on the requirements of the outside agency. This minor subdivision will not require the feedback from any other public agencies except the owner, Hennepin County. As part of the approval of the Golden Ridge PUD, the City will enforce the requirements of the Bassett Creek Water Management Commission's Water Quality Policy. 6. If the applicant is required to submit a review of the property's title pursuant to Subd. 4(C) of the Subdivision Code, then approval of the minor subdivision shall be conditioned on the applicant's resolution of any title issues raised by the City Attorney. Prior to final plat approval, the City Attorney will determine if it is necessary to review title information. Since the HRA is in the process of acquiring Lots 2 and 3 from Hennepin County, the HRA has ordered title work to ensure a clean title can be obtained. . 7. Minor subdivisions of non-residential parcels may be denied if the City Engineer determines that adequate public facilities are not available to serve the site. The City Engineer has noted in his memo to me dated February 2, 2004 that there are adequate public facilities available to the site to allow development. In the case of the dispatch center property, it has operated in this location for decades without any issues related to public facilities including traffic issues. 8. Approval of a residential minor subdivision shall be conditioned on the payment of a park dedication fee in an amount determined by the City Council. The policy .of the City has been to not charge a park dedication fee when a subdivision involves a lot consolidation. In this case, the proposed Lakeview Heights Plat 2 has decreased the number of lots from 50 to 3. Park dedication could be considered as part of the Golden Hills PUD when 16 residential lots are created. The park dedication will be determined at the time of final plat approval. Staff recommendation will be to waive this requirement and consider park dedication at the time the Golden Ridge PUD is reviewed. 9. Refers to minor subdivisions for double bungalows. This is not applicable in this case. Staff Recommendation Staff recommends approval of the preliminary plat of Lakeview Heights Plat 2. This plat consolidates the existing Hennepin County property into three lots. Lots 2 and 3 will be sold to the Golden Valley HRA. The HRA has entered into a development agreement with Bullseye LLC to construct 16 residential units with open space on those properties. The following conditions are recommended for approval: . 1. The final plat of Lakeview Heights Plat 2 will be consistent with the preliminary plat of Lakeview Heights Plat 2 prepared by Bonestrooo Williamson Kotsmith and dated January 12, 2004. . . . 2. The comments in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, and dated February 2, 2004 shall become a part of this approval. 3. The City Council will determine the amount of a park dedication fee for this subdivision prior to final plat approval. 4. A variance from the Subdivision Code requiring that all parcels meet Zoning Code standards be issued for Lakeview Heights Plat 2 because the existing parking lot setback on Lot 1 does not meet zoning code standards for the Institutional (1-4) zoning district. Attachments: Location Map Memo from City Engineer, Jeff Oliver dated February 2, 2004 Map showing project and property ownership following platting Lakeview Heights Plat 2 - Preliminary Plat . i I I I :r:/ I -' , e>! I i x! :J:l i :iE: 51 i )>. :r:1 I ::! :iE1 ' en, )>i I "'i -<I 3: Z\!II il I ! ~ 'I ; 0 / ~ ~ I//\! I I I 1/ I I J I II i I I I I! II II Ii , I I, I! II I i I ~I I' I i I I ! l:D o " o ~ m Z ~81b3811 EARL ST RJI Z (') m ~ m Z I i ~- i z '~~ ~i5 2 m w Z (') m w .' I>> ~ 8.-------1 ~ ~\ - Cl Z2 lIb i Cl / ~ NAPER ST NAPER ST H :r: 3: I lZ r= , m r- Z CIl 0 l:D m 0 r- ;:0 CIl 0 CIl ~ I 0 :r: Z m ~I Z I ml Z I I II OL YMP/A ST . . . Hey Memorandum Public Works 763.593.8030 I 763.593.3988 (fax) Date: February 2, 2004 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer )0 l.f~ Subject: Preliminary Plat Review for Lakeview Heights Plat 2 Public Works staff has reviewed the proposed preliminary plat for Lakeview Heights Plat 2. This proposed preliminary plat is located north of Naper Avenue, south of Earl Street and east of Independence and Hillsboro Avenues. The General Mills James Ford Bell Research facility is located immediately adjacent to this site on its eastern boundary. The site was platted into lots and blocks as part of the Lakeview Heights subdivision in 1911. There are also vacated street and alley rights-of-way located throughout the subject property. The Hennepin County communication facility is located on the west half of the site, and the east half is the site of the former Sheriff's Office pistol range. The proposed preliminary plat consists of platting all the parcels within the area into three individual lots. Lot 1 will be the County's communication site; Lot 2 will be a tree preservation and open space parcel; and Lot 3 is the site of proposed residential redevelopment. Lots 2 and 3 will be included in the proposed Golden Ridge subdivision. The easements shown on Lot 1 are acceptable as shown. Because Lots 2 and 3 will be platted as Golden Ridge, there is no need to include easements on these lots as part of this plat. All easements on Lots 2 and 3 will be included on the Golden Ridge plat. Recommendation Public Works staff recommends approval of the preliminary plat for Lakeview Heights Plat 2, subject to the comments contained in this review and comments of other City staff. Please feel free to call me if you have any questions regarding this matter. C: Vince VanderTop, Bonestroo, Rosene, Anderlik & Associates, Inc. Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Jeanne Andre, Assistant to the City Manager G:\Developments-HRA \Sheriff's Site\Lakeview3Review.doc · ."...."1"111 ,""VUIUY LdllU 1:0 De .....attea..l:iOlaen Ridge Development Projet "! e and Property Ownerslnp Following Platting I I TFL PROPERTY J L /~u... ..-- -1 II .---- .13:t.<!1 I I 133.71 J L 133.71 I I I COUNTY PROPERTY I I TFL I COUNTY PROPERTY EARL ST '" '" lil 6 lil lil 136.18 1 "'10 (24) "'0: 136.13 0<: CIl~ // -'/ f .~:- / / ^ \~ ! .,..... 2 15 ~ q:1 .......;0... 10'<0. ... 23 (25) ::. -J - 136.08 J:: 3 .... ..,: \0 0' r 112) \' ~71 , 0 " 4 15 15 15 '" \0 g 2 1~ 0, 3 : ' , 161.4 , : 0 0 4 0 0 , / 174.6 , '."'...lEll l!ll 8 \01 7 UJ . . .~ .... ~ ~ I j",,_ !ill r NAPER ST ~-t / HI' 135.6 ----:JI ' 135.6 1 I 135.6 -~ 135.6 ~.~ I 133.1 I I 13.11 _--. q:/, ~ 20 m ~ 1 to... I I ~ fA.... """ '" ~ i 1 It . Hey Planning 763-593-8095/ 763-593-8109 (fax) Date: February 3, 2004 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing-Preliminary Design Plan for Golden Ridge P .U.D. No. 9S-Bullseye Development, LLC, and the City of Golden Valley, Applicants BACKGROUND . Bullseye Development and the City of Golden Valley have requested the approval of a planned " unit development (PUD) on both Lots 2 and 3 of proposed Lakeview Heights Plat 2. Lot 2 is 1.65 acres and Lot 3 is 3.74 acres. The PUD will create 17 lots. Sixteen of the lots are residential lots and located on Lot 3. Bullseye will control these lots. One lot is for open space purposes and located on Lot 2. The open space lot will be controlled by the City of Golden Valley. The PUD property is now owned by Hennepin County and the State of Minnesota. The Bullseye property was the location of the former Hennepin County Sheriff pistol range that was closed in the late 1980's. The portion of the PUD that will be controlled by the City is tax-forfeited property owned by the State of Minnesota. The City of Golden Valley will be obtaining a use deed on this property for open space and trail purposes. The Golden Valley Housing and Redevelopment Authority (HRA) has entered into a development agreement with Bullseye for the development of 16 residential lots as indicated on the attached plans. The HRA first negotiated the purchase of the property from the County for that area that is now Lot 3 of proposed Lakeview Heights Plat 2. The development agreement with Bullseye calls for the construction of 7-two family houses and 2-single-family houses (16 total units). Four of the two-family houses (8 units) would be developed by Habitat for Humanity. The other 3 two-family houses and the 2 single-family houses (8 units) would be market rate. The area north of the 16 residences will be open space and will be obtained by a use deed from the State of Minnesota. (The trees on this parcel will be preserved.) This property is now tax forfeited and controlled by the State (although the tax forfeit program in Hennepin County is . administered by Hennepin County). The use deed will restrict the property to be used only for . open space and trail purposes. In addition, the City will place a conservation easement over all of Lot 2 to further insure that the area will remain in a natural state except for trail construction. , \ ~ . This property is currently guided on the General Land Use Plan Map for low density residential ~ uses. The General Land Use Plan indicates that low density residential means 5 units or fewer per acre. The proposed Golden Ridge development is about 4.2 units per acre when only taking into account the 16 lots in Block 1 of Golden Ridge PUD No. 98. If the tax forfeited property in the north lot that is 1.65 acres in area is included, the overall density is 2.96 units per acre. Therefore, the Golden Ridge development is consistent with the General Land Use Plan Map. The entire PUD is zoned Residential. This is the lowest density-zoning district and permits only single-family houses. Generally, the policy has been that the proposed PUD should be consistent with the underlying zoning of the property. Since the Golden Ridge development has both single family and two- family dwellings at a relatively low density, changing the zoning is not necessary in this case. There are two stages of approval for all PUD approvals. This is the first, or preliminary design plan stage. The purpose of this stage is two-fold: to give broad concept approval to the proposal, and to call out issues that must be addressed in detail as the proposal moves ahead to the General Plan of Development stage. Preliminary plan approval does not guarantee that a proposal will become reality. It gives an applicant some assurance of being on the right track, and some guidance on how to proceed. In the case of the Planning Commission in particular, the limitation of the preliminary plan approval is clearly laid out. City Code Section 11.55 Subd. 6(D) states that: . The Planning Commission's consideration of the application shall be limited to a determination of whether the application constitutes an appropriate land use under the general principals and standards adhered to in the City and, if necessary, its report shall include recommended changes in the land use by the applicant so as to conform the application or recommend approval subject to certain conditions or modification. SUMMARY OF PROPOSAL The proposal presented by Bullseye and the City of Golden Valley consists of 16 total housing units-7 two-family homes and 2 single-family homes. The 2 single-family homes are located at the north end of the proposed cul-de-sac adjacent to the City open space that will be acquired from the State of Minnesota (tax forfeited property). Each of the 7 two-family dwellings will be located on two lots so that each side of the two family dwellings may be individually sold. The 4 two-family homes on lots 1, 2, 3, 4, 11, 12, 13, 14, 15, and 16 of Block 1 will be constructed by Habitat for Humanity. (Habitat will have a total of 8 units.) The other 8 units will be market rate. The total area of Block 1, Golden Ridge PUD No. 98 is 3.74 acres and the Block 2 is 1.65 acres. As indicated on the attached location map, the Golden Ridge site has single-family homes to the north and south. Vacant General Mills property is located to the east. General Mills has given the City permission to have trails in this area on a short-term lease basis. The property to the west is the Hennepin County Dispatch Center. Hennepin County has been in this location for more than 30 years. The General Mills property is zoned Industrial and the Hennepin County Dispatch . Center is zoned Institutional. The single-family areas are zoned Residential. The General Land Use Plan designation for the General Mills property to the east is Industrial. The.Dispatch Center property is guided both Institutional for the area around the main building 2 ) .. .and the area to the north of the building and west of the proposed Golden Ridge development is guided low density residential. The thought is that the property north of the dispatch center that is undeveloped could someday be used for residential purposes. The single-family areas north, south and west of the site are designated low density residential. Access to the Golden Ridge areas is by local streets as shown on the attached area map. As indicated in the City Engineer's memo (attached) there is sufficient capacity in the existing street system to handle the additional trips from 16 housing units. It is estimated that these 16 housing units will generate 160 trips per day. Over a 16 hours period, this means an average of 10 trips per hour from these 16 homes. Flag Ave. abuts the east side of this site. The City does not anticipate constructing Flag Ave. as a street. It is not necessary to provide access to the16 lots. However, Flag Ave. will be used for a trail connection between Naper St. and Earl St. to the north. This will help to provide better neighborhood access to the General Mills trail system. Each of the housing units has a two-car garage, including the Habitat units. The single-family homes may have a three-car garage. With parking in the driveways, each housing unit will have at least 4 off-street parking spaces. Bullseye has also submitted a parking plan for the development that indicates that there are at least 9 on-street parking spaces along Gettysburg Ct. (Gettysburg Ct. will have no parking on the west side of the street due to the location of the sidewalk along the west curb line.) Overall, staff believes that the amount of parking that is shown on the parking plan will provide adequate parking for the 16 units. .AS usual, City Engineer Jeff Oliver has written a detailed memo regarding the Golden Ridge development. The findings in this memo will be made a part of the conditions of approval. The Planning Department agrees with his assessment regarding street width and cul-de-sac radius. Also, there is a plan for additional pedestrian sidewalks and trails. The trail connections to Block 2 and the General Mills trail systems will be tremendous benefit to both this development and the neighborhood. The site plans indicate the proposed location of all improvements and typical buildings in the Golden Ridge development. Because of the narrow width of the site from east to west, topography and desire to save as many of the trees to the north as possible, some of the houses are proposed to be located closer to property lines than would be allowed in either the Residential or R-2 (two-family home) zoning districts. The proposed setbacks are consistent throughout the development. The front yard setback is 25 ft. along Naper St., Gettysburg Ct., and unimproved Flag Ave. The interior side yard setback is proposed to be 10ft. in all cases. The rear yard setback from the west property line is proposed to be at least 30 ft. This setback is about the same as it would be in the Residential or R-2 zoning district (20% of lot depth). The plan shows that even with a 25 ft. setback, there is room for a sidewalk on one side of the Gettysburg Dr. The setback drawing is one of the attached plans. This plan shows the building envelope that will be permitted on each lot. This is similar to what has been done in Hidden Lakes, which is also a PUD. The envelope is the area in which construction can occur now and in the future .Without an amendment to the PUD. This system has worked well in Hidden Lakes due to its PUD _ status. Without this pre-approved building envelope, each addition to a housing unit would require an amendment to the PUD. This is not practicable. 3 1 .There will be a homeowners association. Each of the 16 owners will be a member of the association. The homeowners association will be responsible for common concerns and issues related to the Golden Ridge development. These issues will relate to maintenance of property and landscaping. Some of these issues are yet to be defined. There are many such agreements in Golden Valley. The City Attorney will be called upon to approve the homeowner's association agreements. A copy of the homeowner's association agreement is attached. There is a simple landscape plan that is attached. This plan indicates the location of new trees on the individual lots and landscaping around the pond. The existing trees on the site will stay if at all possible. It is very fortunate that the great majority of trees on Lot 2 will be saved as part of the conservation easement. This area will be a public area that can be used by anyone. The only possible loss of trees in this area would be due to trail construction. However, any large trees would be avoided when building the trail. As part of the landscape plan, Bullseye has indicated that a neighborhood identification sign may be placed at the entrance to Gettysburg Ct. This type of sign is permitted by the Sign Code. The sign is not on the plans but it would be encouraged. There has been substantial environmental cleanup done on this site. The county did a great job to bring to site to residential standards so that homes can be built. The pollution on the site was all related to the shooting range that left lead from the bullets in the soil and polluted fill that was brought in to construct the berms that surrounded the shooting range. Bullseye will provide the Planning Commission with drawings or pictures of the type of houses .that will be built on the site. These will be examples of the types of structures that could fit on the ~ lots. At this time, Habitat does have a good idea of the type of double homes they will be building. These will be presented at the Planning Commission public hearing. ELIGIBILITY OF APPLICATION PUDs are regulated under City Code Section 11.55. Four subdivisions of that section come into play when screening PUD applications for eligibility. Each is discussed below. After considering the Bullseye/City of Golden Valley application in view of all four subdivisions, staff finds that the proposal is eligible and may enter the preliminary design stage of the PUD process. PUD Definition-PUDs are defined in City Code Section 11.55, Subd. 2. This proposal clearly meets the terms of Subd. 2.AA, which allows PUDs for town home-type development. Townhomes are defined as single family, attached dwelling units on separate parcels of land that are constructed contiguous to one another and separated by a bearing wall. Also, it meets the terms of Subd. 2.A.5 which states that PUDs are for developments having two or more principal use structures on two or more lots in single or multiple ownership as long as the area is greater than one acre. PUD Purpose and Intent-Applications must also meet the general purpose and intent of PUDs as set out in Section 11.55, Subd. 1. This section states that the PUD process is designed for use in situations "where designation of a single use zoning district or application of standard zoning provisions are too rigid for practical application." In this case, this development has two . distinct types of housing-single-family and two-family. One zoning district would not fit the .~. Golden RIdge development. 4 . Standards and Criteria for PUDs-City Code establishes basic requirements for different type of PUDs in Section 11.55, Subd. 5. Residential uses are discussed in Section 5C. The following are the criteria with staff comment: 1. The tract shall not have less than 100 ft. of frontage on a public street. In this case, the site has over almost 400 ft. of frontage on Naper St., 640 ft. of frontage on Flag Ave. and almost 300 ft. on Earl St. 2. Public water, sewer and fire hydrants must serve the development. These services are available to the site. Please refer to the memo from the City Engineer for more detail. 3. No principal building shall be nearer than its height to the rear of side property line when such line abuts on a single-family use. In this case, this development does not abut any single-family uses. 4. Private roadways within the project shall be constructed according to a plan and approved by the City Engineer as to type and location. The Golden Ridge development does not have any private streets. Gettysburg Ct. will be a public street. 5. No building may be located less than 15 ft. from the back of the curb line along those roadways which are part of the internal road system. All proposed buildings are at least 25 ft. from Gettysburg Ct. -6. Provision for solid waste, storage and disposal shall be provided according to a plan approved by the City staff, Planning Commission and Council. Solid waste will be removed from these 16 housing units in a manner similar to other single-family and two- family houses in the area. Staff recommends that each of the 16 units have the same solid waste hauler to avoid unnecessary trips in and out of the area by garbage trucks. 7. Landscaping shall be provided according to a plan approved by the Council in accordance with the City Landscape standards. In addition, it shall include a detailed planting list with sizes indicated. A landscape plan has been submitted that includes only new plantings. The developer will try to preserve as many trees as possible that are now on the site. In addition, the development is subject to the City's tree preservation ordinance. 8. In the event. certain land areas or buildings are provided within the PUD for private recreational or service uses, the owner shall submit a plan to the City for continued operation to a reasonable standard. In this case, no building or land is proposed to be used for private recreational or service uses. Completeness of Application Packet-The final screening of any PUD proposal for eligibility is based on Section 11.55, Subd.6.A, which establishes that various components must be submitted at the time of preliminary design stage of the application. The City is in possession of each of the items outlined in this section and finds the packet adequate for review. .AFF RECOMMENDATION Staff recommends approval of the preliminary design plan for the Golden Ridge PUD No. 98. The proposed 16 units consisting of 7 -two-family dwelling and 2-single-family dwelling is consistent with 5 A low-density character of the area and the low-density designation given to this area by the ~neral Land Use Plan Map. Although the setbacks are somewhat less than required under "normal" zoning, they are appropriate in this location because they are consistent for the entire development and are necessary in order to efficiently use the site while preserving open space. Staff is encouraged by the creation of a homeowner's association that will be established to help deal with common issues and concerns related to the 16 housing units in this development. Staff believes this will lead to a better overall neighborhood and understanding of each other's obligations as a homeowner. The preservation of the open space, trees and natural area on Block 2 for all members of the public is an important aspect of this PUD. The PUD also provides for a good system of sidewalks and trails to access the amenities of the area. The recommendation of approval is subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans consist of the following: Golden Ridge PUD No. 98 Preliminary Plat prepared by Bonestroo and dated January 12, 2004; Setback Drawing prepared by Bonestroo and dated January 12,2004; Existing Conditions Plan prepared by Bonestroo and dated January 13,2004; Preliminary Grading Plan dated January 13, 2004 and prepared by Bonestroo; Preliminary Utility Plan dated January 13, 2004 and prepared by Bonestroo; Preliminary Landscape Plan dated January 13, 2004 and prepared by Bonestroo; and Parking Plan dated January 13, 2004 and prepared by Bonestroo. .2. The rough draft of the Bylaws of Golden Ridge Homeowners' Association shall become a part of this approval for initial review by Planning Commission, staff and City Attorney. Additional changes may be required. 3. All recommendations and requirements set out in the Engineering Memo from City Engineer Jeff Oliver to Mark Grimes dated February 2, 2004 shall become a part of this approval. 4. The final landscape plan shall be reviewed and approved by the Building Board of Review or the City's Environmental Coordinator. 5. Only one solid waste hauler shall be used for each of the 16 housing units within Golden Ridge 6. Any signs on the property must meet the requirements of the City's Sign Code. 7. The approval is subject to any other state, federal and local ordinances, regulations or laws with authority over this development. Attachments: Location Map Memo from City Engineer Jeff Oliver dated February 2,2004 ... Rough Draft of the Bylaws of the Golden Ridge Homeowner's Association ...... Parking Plan Site Plans 6 . I 51 II ~\ ~II ~i ~I ~i?<1 3: ZI....1 i m 1m' z IZ ~ I i I i ~ ! I I I I I i I 3: I ~ I I ~ o ! II ~ I m i z I i I I I I 1 ! I l .1 . 5 EARL5T I~ NAPER 5T -~ ~- OL YMPIA 5T ~ IS Ii t=j ~~n_ z c m " m z c m z (') m ~ m z z c i~ ~ ~ mILl zCl ~- Q. ILl / Cl ~~ ~ m z (') 1------_ m ~ m z EARL 5T !XI o ::u o ~ m z u.i C) ., T EARL 5T EARL 5T o l/) .oJ .oJ / /~~ /'-" / /~" f--,/ /~<J:- 7i." I/:f-~~ " NAPER 5T nl VMPIA C:::T w ;( C) :5 ~ ~, Subject Prop ~ ~ NAPER 5T NAPER 5T ::I: r= r- UJ !XI o ~ ~ m z G') m ~ UJ !XI c: ::u G') ~ m z I 'TI r- ~ ~ m z . . '. l Memorandum Public Works 763.593.8030 I 763.593.3988 (fax) alley Date: February 2,2004 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer )0 J{ef Subject: Preliminary Design Plan Review, PUD No. 98, Golden Ridge Public Works staff has reviewed the preliminary design plan for Planned Unit Development (PUD) No. 98, Golden Ridge. The proposed PUD is located north of Naper Street, south of Earl Street and east of Independence and Hillsboro Avenues. The General Mills James Ford Bell research facility is located immediately to the east of the proposed development. Based upon our review, staff has the following comments on this proposed PUD. Preliminary Plat and Site Plan The property being developed with this PUD is also included in a subdivision that is being processed concurrently with the PUD. The preliminary plat ot Lakeview Heights Plat 2 is combining multiple existing lots, as well as vacated street and alley right-ot- way, within the area into three individual lots. Lot 1 of the Lakeview Heights Plat 2 preliminary plat is the site ot the existing Hennepin County Sheriff's Department communication facility. Lot 2 will continue to be owned by the State of Minnesota, but the City of Golden Valley will have a use deed that will allow the area to be used for conservation and trail purposes. Finally, Lot 3 is the location of the residential redevelopment for Golden Ridge. Staff has determined that Lot 2 of Lakeview Heights Plat 2 must be included within the preliminary plat for Golden Ridge. The easements shown on the residential portion of the preliminary plat are acceptable as shown. The easements on Lot 2 of Lakeview Heights must also be shown on the Golden Ridge preliminary plat. A conservation easement in favor of the City of Golden Valley will be dedicated over all of Lot 2 of Lakeview Heights. The intent ot this conservation easement is to preserve the trees within this lot. However, the easement will be written to permit a trail to pass through the lot. This trail will connect the subdivision to the trail system within the General Mills property. A similar trail exception within a conservation easement was provided in the Hidden Lakes development to allow lakeshore owners the ability to access the Jake. G:\Developments-HRA \Sheriff's Site\GoJdenRidgePreDesign.doc . . . The walkway easement shown on the preliminary plat between Lots 6 and 7 must be dedicated to the City with a separate document. In addition, walkway easement will be required along the front of Lots 4, 5 and 6 in order to accommodate the portion of the sidewalk that is outside of the street right-of-way. Legal descriptions must be prepared for these easements. The City will then have the easement documents prepared for signing by the developer. Streets The proposed PUD includes 28-foot wide streets with concrete curb and gutter within a 50-foot wide right-of-way. The proposed cul-de-sac has a 45-foot paved radius within a 50-foot radius right-of-way. The standards for public streets in the Subdivision Ordinance include a 30-foot wide right-of-way on the straight portion of the street, and a 60-foot radius within the cul-de- sac. In addition, the Code requires that public streets be constructed at a 30-foot width, with a cul-de-sac radius of 50 feet. The Planned Unit Development portion of the Zoning Code provides the opportunity to vary from Subdivision Code standards in certain situations. Therefore, staff has evaluated the reduced street and right-of-way widths under the terms of the PUD ordinance. The City of Golden Valley Pavement Management Program has consistently reconstructed streets at 28 feet wide throughout the city for years. This street width is adequate to provide on-street parking on both sides of the roadway and still allow traffic to use the road. The reduced cul-de-sac width is sufficient to provide a turn-around radius for fire and emergency response equipment. Therefore, the reduced width of the streets within this PUD is acceptable as proposed. The reduced right-of-way width is also acceptable as proposed. The proposed street in this development is an isolated cul-de-sac that provides minimal potential as an underground utility corridor. The only underground utilities that will be placed within the cul-de-sac right-of-way are those that will be needed to serve the homes within the development. Therefore, the need for the required 60 feet of right-of-way is not present. Should any future utility needs arise within this area, the right-of-way for Flag Avenue, which extends from Plymouth Avenue to the south to Duluth Street to the north, will be the logical corridor to utilize. Therefore, the right~of-way widths within this PUD are acceptable as proposed. The concrete curb and gutter within this subdivision must be a 8618 style curb. This barrier curb is the standard within the City of Golden Valley. However, use ofthis curb will require the developer to determine the location of all driveways prior to development so concrete driveway aprons can be installed as part of the construction. G:\Oevelopments-HRA\Sheriffs Site\GoldenRidgePreOesign .doc . . " This neighborhood surrounding this PUD is included in the Pavement Management Program for street rehabilitation in 2014, the last year of the street reconstruction program. The developer will be required to post an escrow at the time this PUD is approved for the street assessments for Lots 13 through 16. This escrow will be based upon the 2004 residential assessment rate of $2,900 per unit. Based upon this rate, the total escrow required for this development is $11,600, which must be submitted prior to approval of the final plat. This escrow will take the place of a street reconstruction assessment for those lots fronting Naper Street. No building permits are to be issued within this development until the base course of asphalt has been installed on the roadway. The existing street system in the vicinity of this development has sufficient capacity to accommodate the traffic generated from the PUD. Pedestrian Facilities There are several pedestrian facilities proposed as part of this development. These facilities are designed to increase access from the development, and the residential area surrounding the PUD, to the public trail system within the General Mills property. A six-foot wide concrete sidewalk is proposed immediately behind the curb on the north side of Naper Street, between Flag Avenue and Gettysburg Court, and on the west side of Gettysburg Court. The concrete sidewalk on Gettysburg Court will extend north to the property line between Lots 6 and 7. The sidewalk on Gettysburg Court will change to an eight-foot wide bituminous trail at the end of the cul-de-sac. This trail will follow the property line between Lots 6 and 7 to the northwest corner of the residential development. From this point, the trail will meander through the tree preservation area (Lot 2, Lakeview Heights Plat 2) to the intersection of Earl Street and Flag Avenue. The concrete sidewalk on the north side of Naper Street will end at the intersection with Flag Avenue. From this point, an eight-foot wide bituminous trail will be extended northward within the existing right-of-way for Flag Avenue to the intersection with Earl Street. This block of Flag Avenue is a right-of-way with no existing street. Both of the proposed trails that intersect at Flag Avenue and Earl Street will then connect to the existing public trails in the General Mills property. Utilitv Plan There is existing sanitary sewer and water service adjacent to this development at the intersection of Gettysburg Avenue and Naper Street. The sanitary sewer and water in . this location has sufficient capacity to provide service for the PUD. G :\Developments-HRA\Sheriffs Site\GoldenRidgePreDesign.doc . . . ~ The existing sanitary sewer at Gettysburg Avenue and Naper Street will be extended north within Gettysburg Court and east along Naper Street to provide service to the PUD. This extension will include lateral services for each of the lots. The water service for the PUD will be provided by constructing an extension on Gettysburg Court. Individual services will also be provided for each lot. The water services for Lots 13 through 16 will be provided by tapping the existing water main on the south side of Naper Street. The sewer and water services for Lots 13 through 16 must be relocated so the curb stops on the water services are not within driveways. The location of valves, hydrants, manholes and other utility appurtenances is subject to review when construction plans are submitted to the City. The plans must be modified to include drain tile behind the curbs on both sides of Gettysburg Court and on the north side of Naper Street in order to minimize the amount of ground water discharged into the sanitary sewer system. The drain tile installation must also include services for each of the homes to connect sump pumps. Each home must connect its sump pump system to this drain tile. Gradina. Drainaae and Erosion Control This proposed PUD is located within the Medicine Lake and Main Stem sub-districts of the Bassett Creek Watershed. Runoff from the front yards of the lots along Naper Street drains into a storm sewer within the street that eventually flows to Medicine Lake. The rest of the site drains northward into the wetlands within the General Mills James Ford Bell site, and eventually into the Main Stem of Bassett Creek. The proposed PUD will be subject to the review and comment of the Bassett Creek Water Management Commission (BCWMC). The development plans must comply with the Commission's Water Quality Policy, including water quality treatment and the use of Best Management Practices (BMPs) for erosion control. The grading plan submitted for review includes the construction of a water quality and rate control pond in the southwest corner of the proposed PUD. All storm water runoff from the street and front yard portions of the PUD is collected by the storm sewer system and routed into the new pond. Discharge from the pond is conveyed to the north via a storm sewer along the west edge of the plat. This storm sewer discharges into an existing drainage-way through the tree preservation lot, and then into the General Mills wetlands. The proposed storm water pond also receives discharge from the existing water quality pond constructed when the Hennepin County Sheriff's Communication site was expanded several years ago. G :\Developments-HRA \Sheriffs Site\GoldenRidgePreDesign.doc . . . A drainage area map and all storm sewer and pond sizing calculations must be submitted as part of the General Plan submission for this PUD. The grading plan for this proposed development must be prepared to the City of Golden Valley standards for grading, drainage and erosion control plans. The plan must be modified to comply with these standards and be resubmitted for further review as part of the General Plan submittal. A City of Golden Valley Grading, Drainage and Erosion Control Permit is required for this PUD. This permit must be obtained prior to the start of work on site. A NPDES General Storm Water Permit from the Minnesota Pollution Control Agency is also required for this development. Tree Preservation The development of this site will require a City Tree Preservation Permit. A Tree Preservation Plan must be submitted as part of the General Plan submittal for the PUD. Public Improvements The developer of this PUD has submitted a petition to the City for public improvements relating to the development. The improvements included are rough grading of the site, installation of the sanitary sewer, water main, storm sewer, streets, pedestrian facilities and landscaping. The public improvements will be installed during the 2004 construction season. All construction and indirect costs for this development will be assessed directly to the lots within the subdivision. Summary and Recommendations Public Works staff recommends approval of the Preliminary Design Plan for the proposed PUD 98, Golden Ridge, subject to the comments in this review. These comments are summarized as follows: 1. Lot 2 in the Lakeview Heights Plat 2 preliminary plat must be included in this PUD. 2. A conservation easement must be dedicated over all of Lot 2, Lakeview Heights Plat 2. The conservation easement must allow trail access to pass through the parcel. 3. Walkway easements must be dedicated as discussed within this review. G:\Developments-HRA\Sheriffs Site\GoldenRidgePreDesign.doc . . . 4. The plans must indicate the installation of City-standard B618 concrete curb and gutter on Gettysburg Court. 5. The developer must post a cash escrow for future street reconstruction of Naper Street. This escrow will be for Lots 13, 14, 15 and 16 at a per unit rate of $2,900 for each lot. The total escrow required is $11,600. 6. The plans must include the installation of drain tile behind the curb on both sides of Gettysburg Court and on the north side of Naper Street. This drain tile must include service stubs for each home, and each home will be required to connect its sump pump to the drain tile system. 7. Approval is subject to the review and comments of the Bassett Creek Water Management Commission. 8. The General Plan submittal must include a Grading, Drainage and Erosion Control Plan prepared to City standards, and a Tree Preservation Plan. 9. Subject to the comments of other City staff. Please feel free to call me if you have any questions regarding this matter. C: Vince Vander Top, Bonestroo, Rosene, Anderlik & Associates Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Ron Nims, Public Works Project Coordinator Eric Eckman, Engineering Technician Jeanne Andre, Assistant to the City Manager Mark Kuhnly, Chief of Fire and Inspections Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshal G:\Developments-HRA\Sheriffs Site\GoldenRidgePreDesign.doc Mark Grimes- DRAFT-Gol Rid e decl.doc p . ROUGH DRAFT Common Interest Community No. _ Planned Community GOLDEN RIDGE homeowner's association Declaration THIS DECLARA nON is made as of _, 200x by , a Minnesota corporation, herein called "Declarant", pursuant to Minnesota Statutes, Section 515B.I-l 0 1 to 515BA-118, known as the Minnesota Common Interest Ownership Act, and laws amendatory thereof and supplementary thereto. RECITALS Declarant is the owner of the following described real estate: all of which real estate constitutes and is referred to herein as the "Real Estate." Declarant wishes to establish the Real Estate as a condominium under Minnesota Statutes Chapter 515B, Minnesota Common Interest Ownership Act (the "Act"). NOW THEREFORE, Declarant declares that the Real Estate is and shall be divided, held, transferred, conveyed, sold, leased, occupied and developed subject to the Act and to the covenants, conditions, restrictions, easements, charges and liens set forth in this declaration, which shan run with the Real Estate and be binding upon an parties having any right, title or interest in the Real Estate, their heirs, successors and assigns, lY1,~.~~.QEi.U1ElS - DRAFT -Gol Rid e decl.doc Pa and which shall inure to the benefit of each unit owner, and the heirs, successors and assigns of each unit owner. Note to Readers Many provisions of the Act, which governs this common interest community ("CIC"), and of the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317 A under which the Association is formed, are not repeated in this declaration. This Declaration should be read in conjunction with both statutes. DEFINITIONS Definitions. Words defined in the Act shall have the meaning ascribed to them in the Act. The following are supplemental definitions. "Association" shall mean Inc., a Minnesota non-profit corporation. Homeowners Association, "Board of Directors" or "Board" shall mean the board of directors of the Association. "Dwelling" shall mean a building or part of a building consisting of a group of rooms and hallways on one or more floors which are designed or intended for occupancy as a single family residence, and located within the boundaries of a unit. The Dwelling includes any garage attached thereto or otherwise included within the boundaries of the unit in which the Dwelling is located. "Lot" and/or "Unit" shall mean each lot within the Plat. For purposes of this Declaration the terms "lot" and "unit" maybe used interchangeably. "Member" shall mean any person or entity holding membership in the Association by virtue of being an owner of one or more units in the CIC. IDENTITY OF REAL EST A TE AND CIC Identitv. This Declaration establishes Common Interest Community No. , Mississippi Street Habitat for Humanity Homeowners Association, Ramsey County, Minnesota. It is a planned community (not a condominium or cooperative). The real estate included within this CIC is legally described as follows: Master Association. This CIC will not be subject to a master association. PLAT The Plat for this CIC is being recorded simultaneously with, and as a part of, this Declaration. owners association Homeowners Association, Inc. has been incorporated as a Minnesota nonprofit corporation under Minnesota Statutes, Chapter 317A to act as the association of unit owners required by Section 5158.3-101 of the Act. units and unit identifiers This CIC consists of units. The unit identifier of each lot shall be the lot and block numbers and the subdivision name of the CIC Plat. boundaries The unit boundaries shall be the boundary lines of the platted lots, as designated on the Plat. use of unit Units. Units are restricted to residential use. The maximum number of people allowed to occupy any unit shall be two (2) times the number of bedrooms initially constructed within the unit plus two (2) people (i.e. a three (3) bedroom unit shall not be occupied by more than eight (8) e decl.doc p people). The following activities in a unit shall not be considered a violation of this restriction: The maintenance by the Association or its manager of an office for purposes of management of this CIC. The use of a unit by an owner for (i) home office or studio uses which are incidental to .the principal residential use of the unit, which comply with applicable zoning, and which do not invite or generate regular or frequent visit by clients, customers, employees, coworkers or the public; or (ii) an in-home daycare business which complies with all applicable zoning and licensing laws. COMMON ELEMENTS AND LIMITED COMMON ELEMENTS Common Elements. The Common Elements and their characteristics are as follows: All of the Real Estate not included within anyone or more of the units constitutes "Common Elements". The Common Elements include: (i) those parts designated as Common Elements in the Act; and (iii) those items identified as Common Elements under Section 8.2(b) below. The Common Elements will be conveyed to the Association for the benefit of the owners and occupants prior to the first conveyance of a lot to an owner other than Declarant. The Common Elements shall be subject to appurtenant easements for services, public and private utilities, access, use and enjoyment in favor of each unit and its owners and occupants; subject to (i) the rights of owners and occupants in Limited Common Elements (as hereinafter defined) appurtenant to their units, and (ii) the right of the Association to establish reasonable Rules and Regulations governing the use of the Real Estate. The maintenance, repair, replacement, control, management and operation of the Common Elements shall be the exclusive responsibility of the Association. Common expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the owners in accordance with this Declaration. Limited Common Elements. The limited common elements (the "Limited Common Elements'? are those parts of the units reserved for the exclusive use of the owners and occupants of the units to which they are allocated, and the rights to the use and enjoyment thereof are Pa automatically conveyed with the conveyance of such units. The Limited Common Elements are described and allocated to the units as follows: Chutes, flues, ducts, pipes, wires, conduit or other utility installations, bearing walls, bearing columns, siding, or any other components or fixtures lying partially within and partially outside the boundaries of a unit, and serving only that unit, are allocated to the unit they serve. Any portion of such installations serving or affecting the function of more than one unit or any portion of the Common Elements is a part of the Common Elements, but is not a Limited Common Element. Improvements such as driveways, decks, patios, balconies, shutters, awnings, window boxes, doorsteps, stoops, perimeter doors and windows, constructed as part of the original construction to serve a single unit, and authorized replacements and modifications thereof, if located outside the Dwelling constructed within each individual lot, are Limited Common Elements allocated exclusively to that lot. The utility lines and driveway running between each Dwelling and the nearest public street, is a Limited Common Element for that unit. ALLOCATION OF VOTING POWER AND COMMON EXPENSES Each of the units, except those owned by Declarant, is hereby allocated one vote in the Association. Declarant is hereby allocated three votes for each unit owned, as provided for in Section 2.4 of the Bylaws of the Association. Except as otherwise set forth herein below, common expenses shall be allocated equally. Certain expenses may be assessed on a different basis, or against one or fewer than all units, under the following circumstances: Any common expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the unit or units to which that Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each unit. Any common expense or portion thereof benefiting fewer than all of the units may be assessed exclusively against the units benefited, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (Hi) the actual cost incurred with respect to each Unit. The costs of insurance may be assessed in proportion to value, risk or e decl.doc p coverage, and the costs of utilities may be assessed in proportion to usage. Reasonable attorneys' fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of the Declaration, Bylaws, the Act, or the Rules and Regulations, against an owner or occupant or their guests, may be assessed against the owner's unit. Fees, charges, late charges, fines and interest may be assessed as provided in Section 5158.3-116(a) of the Act. Assessments levied under Section 5158.3-116 of the Act to pay a judgment against the Association may be levied only against the units existing at the time the judgment was entered, in proportion to their common expense liabilities. If any damage to the common elements or another unit is caused by the act or omission of any owner or occupant, or their guests, the Association may assess the costs of repairing the damage exclusively against the owner's unit to the extent not covered by insurance. If any installment of an assessment becomes more than thirty (30) days past due, then the Association may, upon ten (10) days written notice of the owner, declare the entire amount of the assessment immediately due and payable in full. If common expense liabilities are reallocated for any purpose authorized by the Act, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities. Assessments described in Sections 9.1 (a) through (j) shall not be considered special assessments as described in Section 10.3. The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the lot and shall be a continuing lien upon the property against which each such Assessment is made. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such lot at the time when the assessment fell due and if more than one person was an owner then such obligation shall be joint and several. The personal obligation for delinquent assessments shall not pass to the owner's successors in title unless expressly assumed by them. The Association may bring an action at law against the owner personally obligated to pay any Assessment or foreclose the lien against Mark Grimes - DRAFT-Gol Rid e decl.doc p the lot, and the Association shall have the power of sale in connection with such foreclosure. Such lien may be foreclosed in the same manner as a mortgage pursuant to Minnesota Statutes, Chapters 580, 581 or 582, as amended, and the Association shall be entitled to recover interest at the rate of eight percent (8%) per annum and its costs, expenses and disbursements, including reasonable attorney's fees, incurred in such foreclosure. No owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of the lot. ALTERNATIVE ASSESSMENT PROGRAM The Declarant hereby establishes an alternative assessment program of the type described in Section 515B.3-115(a)(2) of the Act. Specifically, if a common expense assessment has been levied, any unit owned by Declarant for initial sale shall be assessed at the rate of twenty-five percent (25%) of the assessment levied on other units of the same type until a certificate of occupancy has been issued for such unit by the City. Thereafter, such unit will be assessed at the full rate. This reduced assessment shall apply to each unit owned by Declarant at the time that the unit is created, and shall continue as to each such unit until the issuance of the certificate of occupancy as previously described. In any event, this alternate assessment program shall end on the tenth anniversary of the recording of this Declaration. There are no assurances that this alternative assessment program will have any effect on the level of services for items set forth in the Association's budget. easementS Leaal Boundaries. The existing physical boundaries of the common wall separating adjoining Dwellings, or of a common wall separating adjoining Dwellings reconstructed in substantial accordance with the description contained in this original Declaration, is the legal boundary between such adjoining Dwellings, regardless of vertical or lateral movement of the building or minor variances due to shifting or settling. Access Easements. Use and Eniovment Easements. Each unit shall be the beneficiary of an appurtenant easement for use and enjoyment on and across the Common Elements, subject to any restrictions set forth in this Declaration. ark Gr.imes - DRAFT-Gol Rid e decl.doc p Utilitv and Maintenance Easements. Each unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities serving the units and the Common Elements, and for maintenance, repairs and replacement as described below. City Easements. The City is hereby declared to have the nonexclusive right and easement to enter the Common Elements for police, fire, emergency and animal control purposes as well as for health and protective inspections and to provide to residents other public services deemed necessary by the City and to construct, maintain, operate and replace utilities. Recorded Easements. The Real Estate shall be subject to such other easements as may be recorded against it or shown on the Plat. Unit to Unit and Unit to Common Element Easements. For those units that share a party wall with another unit, the owner of each such unit shall have a nonexclusive right and easement over the unit with which it shares a party wall for lateral support, support, and where necessary, access for maintenance and upkeep of walls, fences and other improvements. Easement for Maintenance. Repair. Replacement and Reconstruction. Each unit, and the rights of the owners and occupants thereof, shall be subject to the rights of the Association to a nonexclusive, appurtenant easement on and over the units for the purposes of maintenance, repair, replacement and reconstruction of the units, and utilities serving the units, to the extent necessary to fulfill the Association's obligations under the Declaration, Bylaws or the Act. Utilities Easements. The Real Estate shall be subject to non-exclusive, appurtenant easements for all utilities, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each unit, and the rights of the owners and occupants thereof, shall be subject to a non-exclusive easement in favor of the other units for all such services, including without limitation any sewer or water lines servicing other units. Each unit shall also be subject to a non-exclusive easement in favor of the Association and all utilities companies providing service to the units for the installation and maintenance of utilities metering devices. Permanent Easements. All easements described in this Declaration are permanent easements appurtenant, running with the land. They shall at all times inure to the benefit of and be binding on the owner and the mortgagee, from time to time, of any unit, and their respective heirs, successors, personal representatives or assigns. ~"/ ! Mark Gr.imes - DRAFT-Gal Rid e decl.doc p Continuation and ScoDe of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an owner or occupant be denied reasonable access to his or her unit or the right to utility services thereto. The easements set forth in this Article shall supplement and not limit any easements described elsewhere in this Declaration or otherwise recorded, and shall include reasonable access to the easement areas through the units and the common elements for purposes of maintenance, repair, replacement and reconstruction. MAINTENANCE, REPAIR, AND REPLACEMENT Common Elements. In order to preserve the uniform and high standard of appearance of the Real Estate, the Association shall have the exclusive responsibility for the maintenance and repair of Common Elements, which responsibility shall include, but not be limited to, the following: the maintenance and repair of exterior surfaces of all buildings on the Real Estate, including, without limitation, the painting of same as often as necessary, the replacement of trim and caulking, the maintenance and repair of roofs, siding, gutters, downspouts and overhangs, the maintenance and repair of exterior windows and doors, and necessary painting, staining and repair of patio structures on a unit as originally built but not (at Association's option) of additions thereto made by an owner. The painting and decorating of the exterior surface of exterior doors and exterior window sashes shall be the responsibility of the Association. The Association shall not be responsible for washing windows, which shall be the responsibility of the Owner of each respective Unit. The expense of all of which shall be allocated as described in the Act and this Declaration. All maintenance and repair of the individual Dwellings and garages shall be the sole obligation and expense of the individual owner, except to the extent the exterior and structural maintenance and repair is provided by the Association. In the event that the need for maintenance or repair is caused through the willful or negligent act or omission of an owner, the owner's family, guests, tenants or invitees, the cost of such maintenance or repair shall be added to and become a part of the assessment to which such unit is subject. The Association shall have the exclusive right to manage, maintain and alter the Common Elements. Notwithstanding the foregoing, on the unanimous vote of all owners, the Association may allow the individual owners to maintain all or any components of the Common Elements directly, until such time as the Association determines (by majority vote of the owners) that anyone or more owner has failed to properly maintain its share of the Common Elements as required under this Declaration, at which time the Association may take over the Common Elements maintenance obligations. Services. The Association may contract with a professional property management company or non-profit organization to manage its affairs, or any part thereof, as necessary or desirable for the proper operation of the Real Estate. These services may include, but are not limited to, the following: Annual inspection of the property to monitor and update the working capital fund established pursuant to Article 20 herein; Responsibility for the financial/accounting functions of the Association, including preparing quarterly financial statements, reconciling . bank statements, and preparing an annual budget and report; and Assisting the Association with hiring of vendors, if desired, to provide for snow removal, lawn care, and general maintenance of the Common Elements, Limited Common Elements and/or other common services to each unit. Personal Prooertv and Real Estate for Common Use. The Association may acquire and hold (for the use and benefit of all of the owners) tangible and intangible personal property and real estate and may dispose of the same by sale or otherwise. Such beneficial interest shall not be transferable except with the transfer of title to a unit, provided that an owner may delegate the right of enjoyment of such property to lawful occupants of such unit. A transfer of title to a unit shall transfer to the transferee ownership of the transferor's beneficial interest in such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of other owners. The transfer of title to a unit under foreclosure shall entitle the purchaser to the beneficial interest in such property associated with the foreclosed unit. Non-Common Elements. Each owner shall be responsible for the upkeep and maintenance of such owner's unit. Each owner shall maintain the same free of hazardous substances, vermin, cockroaches, pests and debris which may pose a threat to the health or safety of occupants of other units. Every owner must perform promptly all cleaning, maintenance and repair work within his unit, which, if omitted, would affect another unit or units, being expressly responsible for the damages and liabilities that failure to do so may engender. Without limiting the generality of the foregoing, the Association may require an owner to remove offending items, or to use a professional exterminator, and upon failure of the owner so to do, the Association after reasonable notice may enter the unit with a professional exterminator or other appropriate contractor and take corrective action, charging the owner of such unit for the reasonable cost thereof. No owner shall do any act or work that will impair the structural soundness or integrity of the building, or impair any easement or hereditament, nor do any act nor allow any condition to exist which will Grimes - DRAFT -Gol Rid e decl.doc adversely affect the Common Elements, the other units, or their owners. Heatina of Units. For the purpose of preventing damage to and breakage of water, sewer and other utility lines and pipes in a Dwelling which might result in damage to an adjoining Dwelling, all owners of units that share a party wall with another unit shall maintain the temperature in their Dwellings, at all times, at least at 55 degrees Fahrenheit (or such other reasonable temperature or standard as the Board of Directors may from time to time specify by written rule), subject, however, to the inability to maintain such temperature due to causes beyond the owner's reasonable control. Any damage resulting from the refusal or failure of an owner so to maintain such minimum temperature may be repaired by the owners affected by the damage and (unless due to causes beyond the owner's reasonable control) the cost thereof assessed against the unit of the refusing or failing owner. However, if the failure to maintain such minimum temperature is due to causes beyond the owner's reasonable control, the cost of such repair shall be treated as a Limited Common Element expense. The Association may by rule require Dwellings which are unoccupied for substantial periods of time during winter to use alarms which will detect abnormally low temperatures. Damaae Caused bv Owner. Notwithstanding any provision to the contrary, an owner shall be liable to the other owners for damage to any part of the property if in the reasonable judgment of the other owners, the need for maintenance of any part of the Real Estate or improvements thereon is caused by the willful or negligent act or omission of such owner, or their guests, or by a condition in a unit which the owner has willingly or negligently allowed to exist. General. Any such maintenance shall be performed to the greatest extent possible with materials that: (i) match the style, color and composition of the existing materials; and (ii) meet or exceed the quality of the existing materials. insurance, casualty and eminent domain Association's Policies. Section 515B.3-113 of the Act requires the Association to maintain casualty insurance coverage on the Common Elements and the units. Section 515B.3-113 also (i) requires general liability coverage, (ii) authorizes the Association to carry any other insurance it considers appropriate, (iii) specifies minimum notice from an insurer prior to cancellation, (iv) specifies other provisions for such insurance, (v) requires the Association or an insurance trustee to adjust all losses, and (vi) describes the Association's duty with respect to repair or Mark Grimes - DRAFT-Gol Rid e decl.doc rebuilding after casualty to Common Elements or units. The provisions of the Act described in this paragraph may not be varied or waived, but are hereby supplemented, as follows: The Association shall carry workers compensation insurance whenever it has eligible employees. The Association may carry fidelity insurance and shall do so whenever required by a holder, insurer or guarantor of a mortgage. The Association may enter into binding agreements with one or more holders, insurers or guarantors of mortgages obligating the Association to keep specified coverages in effect for specified periods and to notify a holder, insurer or guarantor of any changes to coverage. Owners' Individual Policies. Each owner should carry insurance for his or her own benefit insuring personal liability and carpeting, wallcovering, fixtures, furniture, furnishings, and other personal property, and fixtures and other real estate supplied or installed by this owner or a previous owner or tenant, except to the extent that the Association in its discretion provides blanket coverage for some or all such items, provided that all such policies shall contain waivers of subrogation and further provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such additional insurance carried by any owner. Betterments. In all events, betterments or improvements made subsequent to the original construction by any owner to the owner's unit shall be the responsibility of the owner to insure separately (or by rider to a blanket policy at the consent of the Association) if the owner desires the same insured. If improvements and betterments are covered, any increased premium cost may be assessed against the units affected. If the Association, an insurance trustee or mortgagee undertakes the reconstruction or remodeling of a unit as above provided, the same need be restored only to substantially the same condition as the Dwelling was as of the completion of original construction. Insurance Awards and Eminent Domain. No provision of this Declaration or the Bylaws of the Association shall be construed to give any unit owner, or any other party, priority over the rights of any first mortgagee of a unit in the case of a distribution to a unit owner of insurance proceeds or condemnation award for losses to, or a taking of, Common Elements or any portion thereof or any unit or portion thereof. In the event of substantial damage to or destruction of any unit or any part of the Common Elements, the holder of any first mortgage on a unit will be entitled to timely written notice of such damage or destruction. If any unit, or portion thereof, or the Common Elements, or any portion thereof, is Mark" Gr;imes - DRAFT-Gal Rid e decl.doc p made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the holder of any first mortgage on a unit will be entitled to timely written notice of any such proceeding or proposed acquisition. In the event of physical damage or destruction or initiation of condemnation efforts, the Association shall represent all unit owners with respect to any such events involving all or any part of the CIC, including adjusting the claims, condemnation proceedings, and any negotiations, settlements, or agreements as part of a condemnation or in lieu of a condemnation, and all proceeds shall be payable in the first instance to the Association or an insurance trustee, for the benefit of owners and mortgage holders. Deductibles. The Association may, in the case of a claim for damage to a unit, (i) pay the deductible amount as a common expense, (ii) assess the deductible amount against the units affected in any reasonable manner, or (iii) require the owners of the units affected to pay the deductible amount directly. architectural restrictions Association Control. The Association shall have the exclusive control of the Common Elements (including Limited Common Elements) and no change shall be made to the Common Elements or to the exterior of any unit, including changes in appearance or color, except by the Association or with the authorization of the Association. Windows. No films or coatings shall be applied to the interior or exterior of exterior windows which darken, make reflective or otherwise change the color or appearance of such windows as viewed from outside the Dwelling, without the prior written consent of the Association. All window treatments shall be constructed for use as draperies, curtains or blinds, and no sheets or untailored materials shall be used as window coverings at any time. Awninas. No awnings or shades shall be erected over and outside of the windows, nor shall any articles or structures be hung or placed on any outside window sills, without the prior written consent of the Association. Wirina or Penetrations. No exterior wiring shall be installed nor shall there be penetrations of the walls, window frames or roofs of the exterior of the building except as authorized by the Association. Mechanical and Electrical EauiJJment. Air conditioning and/or heating devices. or equipment may be installed or kept outside a Dwelling mes - DRAFT-Gol Rid e decl.doc p in a location approved by the Board. All ceiling fans and all other electrical fixtures installed in a unit must comply with all applicable building codes and underwriting standards and other reasonable standards adopted by the Association. No oil-fired or other combustion type heaters shall be allowed in units. Additional Structures. No additional building, fencing or other structures, including without limitation storage buildings, shall be erected or maintained on the units, Common Elements or Limited Common Elements except as authorized by the Association. No pet kennel, house or cage shall be allowed outside of any Dwelling. Antennae. Satellite dishes no larger than twenty-four (24) inches in diameter ("small dish antenna'? may be placed on the exterior of units, subject to reasonable regulation by the Board as to location (when there is more than one possible location which could provide satisfactory performance) and color. Installation of a small dish antenna shall only be performed by the service provider or other professional installer. Section 207 of the Telecommunications Act of 1996 prohibits restrictions which impair or degrade reception, or which cost the resident significant added expense. No other exterior television, radio, satellite, or microwave antenna of any sort shall be erected or maintained upon any unit except with prior written approval of the Board. Except for small dish antenna, the Board may choose to prohibit all antennae, or to prohibit only certain kinds and locations of antennae, and to change its regulations from time to time, all in its discretion. Without limiting the generality of the foregoing, it shall not be deemed arbitrary or an abuse of such discretion if the Board were to: permit existing antennae to continue to be maintained, while at the same time banning new antennae of the same type or location; prohibit antennae to be placed so as to be visible from the. Common Elements, but permit the same antennae if not so visible; or place height or size restrictions on antennae. Gardens. Unit owners shall be allowed to have reasonably sized flower and/or vegetable gardens within their respective lot. rental restrictions Leasing of all or any part of any unit shall be prohibited. However, the foregoing provision shall not prohibit rent-paying individuals from sharing a unit with the owner thereof, provided that the owner must use the RAFT-Gal Rid e decl.doc Pa unit as his or her primary residence. Notwithstanding the foregoing, during the period of Declarant control, Declarant shall have the right to lease any unit(s) owned by Declarant. general restrictions Prohibition of Damaae and Certain Activities. Nothing shall be done or kept on any unit or any part thereof which would increase the rate of insurance on the Real Estate or any part thereof over what the Association, but for such activity, would pay, without the prior written consent of the Association. Nothing shall be done or kept on any unit or any part thereof which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the exterior of the Real Estate and building shall be committed by any owner or any invitee of any owner, and each owner shall indemnify and hold the Association and the other owners harmless against all loss resulting from any such damage or waste caused to the Association or other owners by such owner or the owner's invitees. No noxious, destructive, illegal or offensive activity shall be allowed on any units or any part thereof, nor shall anything be done thereon which may be or may become a nuisance to any other owner or to any other person at any time lawfully occupying the Real Estate. No heating devices, refrigeration equipment, or other machinery which causes vibrations detectable from outside the unit, is fuel-fired, or is otherwise inherently dangerous, noxious, or noisy, shall be installed or operated within any unit. No Unsiahtlv Uses. No wind chimes, flag poles, clothes, sheets, blankets, laundry of any kind, or other articles, with the exception of flags smaller than ten (10) square feet, shall be hung out on any portion of a Dwelling so as to be visible from outside the Dwelling. Pets. No owner shall have any animal, livestock, fowl, dogs or exotic pets within any unit or Dwelling. Permitted Animals may be kept or allowed in any unit, and no pet that is deemed by the Board, in its absolute discretion, to be a nuisance shall be kept or allowed in any unit or in any other part of the CIC. For purposes of this provision, the term "Permitted Animals" Shall mean cats (maximum two (2) per unit), fish, hamsters and dogs (maximum one (1) per unit) not taller than 14 inches at the shoulder. Any owner or occupant who keeps a pet on the CIC or any part thereof shall within two (2) weeks of the receipt of a written notice from the Board requesting the removal of such pet, permanently remove such pet from the CIC. No pet shall be allowed an any part of the Common Elements unless it is carried or on a leash at all times while it is within any part of the Common Elements. The Board may make any of the Common Elements ~ark Grimes - DRAFT-Gol Rid e decl.doc p "off-limits" to pets, so long as reasonable access to and from units is maintained. The person having actual custody of a pet, and the owner of the unit hosting said pet, shall be jointly responsible for cleaning up the Common Elements after the pet. Sians. No unit owner or occupant shall post any advertisements, posters or signs of any kind in or on the CIC, with the exception of election signs, which shall not exceed ten (10) square feet and shall be removed within three (3) days after election day, nor shall signs, billboards, notices or other advertising matter of any kind be placed on the unit, exterior of any Dwelling, or in the interior of any Dwelling so as to be visible from the outside of the unit. Noises. Unit owners and occupants shall not make noises, play instruments or operate radios, televisions, or amplifiers in a way that may disturb other residents, or otherwise create disturbances to the peace and tranquility of the CIC. No nuisance shall be allowed on the CIC nor shall any use or practice be allowed which is a source of annoyance to the other owners or which interferes with the peaceful possession or proper use of the CIC by all unit owners. Outside Storaae. Except as otherwise expressly allowed elsewhere herein, outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking equipment, or gardening tools and equipment shall not be allowed. Notwithstanding the foregoing, trash/garbage containers and recycling bins are allowed outside on collection day only and shall be stored in garages at all other times. Furthermore, seasonal furniture, including picnic tables and lawn furniture (not to exceed one (1) table and four (4) chairs) and one gas or charcoal grill per unit, shall be allowed if kept in a neat and orderly condition. Outside storage of any other personal possessions requires association approval. Notwithstanding the foregoing, basketball hoops shall be permitted without prior Board approval, provided that, and as long as (i) the hoop is located within the boundaries of a unit (not in the street), (ii) people using the basketball hoop adhere to the noise restrictions outlined in Section 16.5 above, and (Hi) the hoop is only used between 10:00 a.m. and dusk. The Board may require that a basketball hoop be removed if any of the foregoing conditions of use are violated. Yards shall be cleaned of debris and/or personal belongings (except those permitted pursuant to this Section) on a daily basis. Vehicle Storaae. No boats, snowmobiles, trailers, camping vehicles, buses, camper tops, "all-terrain vehicles," tractor/trailers or trucks in excess of 9,000 pounds' gross vehicle weight, or unlicensed or inoperable vehicles shall at any time be stored or parked at or on aunit, (except within the garage), nor on the Common Elements without the express written Mark G~i es - DRAFT-Gol Rid e decl.doc p approval of the Board of Directors, which may be withheld without stated reason. Repairs to Vehicles. Save for emergency repairs, no repairs or adjustments to motor vehicles may be carried out on the Common Elements. All such repairs shall be made in garages only. Landscaoina. No one shall harm, mutilate, destroy, alter or litter any of the landscaping work or improvements on the Common Elements, including grass, trees, and flower beds. Desianated Areas for Vehicles. No motor vehicle shall be parked on any part of the Common Elements. Parking is only permitted in driveways and garages. No Obstructions. Flammable or Hazardous Materials. No stores of coal or any combustibles, flammable or hazardous goods, provisions or materials shall be kept on any part of the Real Estate except for reasonable quantities and kinds of usual household materials and reasonable quantities of fireplace wood. Non-Interference. No part of the Common Elements or units shall be used by anyone in such a manner so as to unreasonably interfere with the use and enjoyment of the other units by their respective owner or the Common Elements by other owners. No part of the Common Elements shall be used by the owners for the erection, placing or maintenance of clotheslines, incinerators, garbage disposal equipment, recreation or athletic equipment, tents, fences or other barriers or for the placing or disposal of rubbish, garbage or waste without the prior written consent of the Board of Directors. Cable System Access. In the event the Board of Directors authorizes any sort of master, cable or community television or data system, each owner hereby authorizes access to his unit upon reasonable notice for the purpose of installing the conduits and fixtures necessary to serve such unit, without regard to whether the owner then elects to subscribe to or use such system. Rules and Reaulations. The Board of Directors may from time to time adopt, promulgate and publish other rules of conduct reasonably relating to the enjoyment of the CIC by owners and occupants, including rules for the use of recreational facilities and amenities, provided that no such rules and regulations may have the effect of contradicting a provision of this Declaration or the Bylaws. es - DRAFT-Gol Rid e decl.doc p No Additional Units. Neither the Declarant nor any other unit owner is permitted to create any additional units by subdivision or conversion under Section 515B.2-112 of the Act. No Time Shares. Time shares, as defined in the Act, are not permitted in this CIC. Trash Removal. No unit owner shall allow trash and debris to accumulate at or within a unit or Dwelling beyond what is reasonably necessary. Every unit owner is responsible for contracting with a garbage hauling service for garbage removal. first mortgagees Precedence. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. Notice of Action. Any mortgagee and any insurer or guarantor of a first mortgage on a unit who has advised the Association in writing of its name and address and the address of the unit covered by such mortgage, and in said writing has requested the Association to notify it of any of the following, will be entitled to timely written notice of: Any condemnation loss or any casualty loss which affects a material portion of the project or any unit on which there is a first mortgage held, insured, or guaranteed by such mortgage holder or insurer or guarantor, as applicable; Any delinquency in the payment of assessments or charges owed, or any other default in the performance of any obligation under this Declaration, the Bylaws, or Articles of Incorporation by an owner of a unit subject to a first mortgage held, insured, or guaranteed by such holder or insurer or guarantor, which remains uncured for a period of 60 days; Any lapse, cancellation or material modification of any insurance policy maintained by the Association; Any proposed action which would require the consent of a specified percentage of mortgage holders as specified in Section 19.3 below. Examination of Books and Records. Unit owners, first mortgagees and holders, insurers and guarantors of first mortgages shall have the right to examine the books and records of the Association, as set forth more fully in the Bylaws, including, without limitation, a current copy of this Declaration, the Bylaws, and other rules governing the CIC and the books, ~Mark r[mes - DRAFT-Gol Rid e decl.doc p records and financial statements of the Association. The Association shall also make current copies bf this Declaration, the Bylaws and other rules governing the CIC and the most recent audited and/or unaudited (as applicable) financial statement available to prospective purchasers of the units. The holders of a least fifty-one percent (51%) of the first mortgages shall be entitled to have audited financial statements prepared at their expense, if such statement is not otherwise available. Any financial statement requested pursuant to this Section shall be furnished within a reasonable time following such request. Attendance at Meetinas of Association. Any holder of a first mortgage who so requests shall be given notice of all meetings of the Association as if such first mortgagee was a unit owner entitled to notice. Each first mortgagee shall have the right to designate a representative to attend all such meetings. SPECIAL DECLARANT RIGHTS S/Jecial Declarant Riahts. Declarant hereby reserves the following rights (referred to in the Act as Special Declarant Rights) for its benefit: the right to complete improvements indicated on the Plat; the right to create units by this Declaration; the right to maintain signs advertising the common interest community and models; the right to use easements through the Common Elements for the purpose of making improvements within the CIC; the right to appoint or remove any officer or director of the Association during the period of declarant control, which shall expire on the earliest of the following events: surrender of the right of control by the Declarant; sixty (60) days after the conveyance of seventy-five percent (75%) of the units to owners other than Declarant; and three (3) years from the first conveyance of a unit to an owner other than Declarant; the right to lease unit(s) as provided in Section 15.1 above. ~ Mark Grimes - DRAFT-Gol Rid e decl.doc p AMENDMENTS Statutory Reauirements. The Act specifies the requirements for amending this Declaration. Declarant's Joinder. In addition to the other requirements for amendment of this Declaration and the Bylaws, the written joinder and consent of the Declarant shall be required for any amendment of either this Declaration or the Bylaws which shall abolish, diminish or restrict Declarant's rights hereunder to complete improvements, to maintain sales and management offices and models to lease units pursuant to Section 15.1, or to maintain signs and advertise the project, until the last conveyance of a unit to an owner other than Declarant. This right may be waived in whole or part at any time by recording a written waiver executed and acknowledged by Declarant. Morlaaaee ADDroval. In addition to all other requirements set forth herein, and except when a higher percentage is required by law or this Declaration, amendments to this Declaration of a material nature must be agreed to by unit owners who represent at least seventy-five percent (75%) of the total allocated votes in the Association and by seventy-five percent (75%) of all mortgage holders who have submitted a written request to the Association to be notified of any proposed action requiring consent of mortgage holders. A change to any of the provisions governing the following matters would be considered material: voting rights; assessments, assessment liens, or the priority of assessment liens; reserves for maintenance, repair, and replacement of Common Elements; responsibility for maintenance and repairs; reallocation of interests in the Common Elements or Limited Common Elements, or rights to their use; redefinition of any unit boundaries; convertibility of units into Common Elements or vice versa; expansion or contraction of the project, or the addition, annexation, or withdrawal of property to or from the project; hazard or fidelity insurance requirements; -" - DRAFT -Gol Rid e decl.doc Pa the leasing of units; unit owner's right to sell or transfer his or her unit; a decision by the Association to establish self management, if professional management is required under this Declaration or by the holder of a first mortgage on a unit; restoration or repair of the project (after damage or partial condemnation) in a manner other than that specified in this Declaration; any provisions that expressly benefit mortgage holders, insurers, or guarantors; reallocation of interests in the Common Elements, or rights to use of the Common Elements, except a change in accordance with the procedures set forth in the Act or this Declaration and the Bylaws, as a result of destruction, damage or condemnation or with respect to a reallocation of interests in the Common Elements that might occur pursuant to any plan of expansion or phased development contained in this original Declaration or Bylaws; terminate the legal status of the CIC (except in accordance with procedures set forth in the Act or this Declaration and the Bylaws in the event of amendment or termination which is made as a result of destruction, damage or condemnation); by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements (the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements shall not be deemed such a transfer); or use of hazard insurance proceeds for losses to any property within the CIC (whether to units or to Common Elements) for other than the repair, replacement or reconstruction of such CIC property, except as provided by statute in case of substantial loss to the units and/or Common Elements of the CIC. WORKING CAPITAL FUND Establishment. The Declarant shall establish an Association working capital fund intended to meet unforeseen expenditures or to purchase any additional equipment or services. At the time control of the Association is transferred to owners, the working capital fund shall be transferred to the Association for deposit in a segregated fund. The fund shall be initially established at an amount equal to two (2) months' p Mark Grimes - DRAFT-Gal Rid e decl.doc "'\ .. assessments on all units. The amount attributable to a particular unit will be collected and deposited in the fund at the time of closing of Declarant's sale of the unit, provided that when control of the project is transferred to owners, the amounts attributable to all units which have not then closed shall be collected. A contribution from each unit to the working capital fund is measured by two months' assessments, but amounts paid into the fund are not advance payments of regular assessments. Declarant's Accountina. This working capital fund is the property of the Association, and is not to be confused with any earnest money agreed upon between the Declarant and buyers of units. The Declarant may not use the Association working capital fund to defray any of its expenses, reserve contributions or construction costs or to make up any budget deficits while it is in control of the Association. When unsold units are sold, however, the Declarant may reimburse itself from funds collected at a unit closing for money it paid the Association for that unit's share of the working capital fund. MISCELLANEOUS Riaht to Cure. In the event that any owner violates any covenant or fails to perform any condition contained in this Declaration, the Association may perform the act, remove the defect or correct the violation upon thirty (30) days written notice to the owner. If the Association so acts on behalf of an owner, the Association may levy an assessment against the owner's unit for the cost of the performance to correct. Association Acts throuah Board. The power and authority of the Association as provided in the applicable Statutes, this Declaration, Bylaws, and Rules and Regulations shall be vested in a Board of Directors elected by the owners in accordance with the Bylaws of the Association. The Association shall act through the Board of Directors and the officers elected by the Board; accordingly, all references in this Declaration and the Bylaws to action, consent or discretion by the Association shall mean the Board of Directors acting for the Association, unless action by the vote of the owners, members or mortgagees is expressly required by this Declaration or the Bylaws. Notices. Any notice required to be sent to any member of the Association (or owner) under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of such member appearing on the records of the Association at the time of such mailing. In the case of multiple owners of a unit, notice to anyone of such owners shall be deemed notice to all. IMark rimes - DRAFT -Gol Rid e decl.doc Pa e 23: Captions. The headings in this Declaration are intended for convenience only and shall not be given any substantive effect. Construction. In the event of an apparent conflict between this Declaration and the Bylaws, the provisions of this Declaration shall govern. The use of pronouns such as "his," "he" and "him" are for literary purposes and mean whenever applicable the plural and female forms. Not Subiect to Ordinance. This CIC is not a conversion CIC within the meaning of Minnesota Statutes Section 515B.1-106(c), and is therefore not subject to any ordinance of the type authorized or permitted by said statute. Riahts of Action. In addition to all other remedies and rights set forth in the Act, the Association, and anyone or more aggrieved unit owners, shall have the right of action against unit owners who fail to comply with the provisions of this Declaration and the Bylaws or the decisions of the Association, and one or more unit owners shall also have such rights of action against the Association for any failure to comply with or enforce such provisions. Declarant's Riahts and Obliaations. The Declarant shall enjoy the same rights and shall be deemed to have assumed the same duties with respect to its unsold units in the CIC as any other owner, except as modified or extended by the alternate assessment program and the special declarant rights described in this Declaration. Termination. The CIC may be terminated by written agreement of unit owners of units to which at least eighty percent (80%) of the votes in the Association are allocated, and eighty percent (80%) of the first mortgagees of units as provided in Section 515B.2-119 of the Act. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year recited on the first page hereof. , a Minnesota corporation By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ~ rimes - DRAFT-Gol Rid e decl.doc p The foregoing instrument was acknowledged before me this _ day of ~ 2003, by the_(title) ,of a Minnesota corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55337 Phone: (952) 835-3800 Fax: (952) 896-3333 823938.1 . g ''''_I''',...~r-" ......-" 1,.,,- 11,'llUc.., L..1..UL..''f.......r:. ...-- --;-.. ---... ---- ---, " ~ Ir-.....I. II.... . 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