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06-26-06 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, June 26, 2006 7 pm 1. Approval of Minutes June 12, 200.6 Planning Commission Meeting 2. Continued Consideration - CUP No. 113 - Dick & Rick's Auto Upholstery - 6100 Olson Memorial Highway Applicant: Rick Zirbes - Dick & Rick's Auto Upholstery Address: 6100 Olson Memorial Highway Purpose: To allow the applicant to operate an auto upholstery business in an existing building located in the Industrial Zoning District. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 4. Other Business 5. Adjournment . Regular Meeting of the Golden Valley Planning Commission June 12,2006 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, June 12,2006. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes and Administrative Assistant Lisa Witt MOVED by Eck, seconded by Schmidgall and motion ca approve the May 22,2006 minutes as submitted. 1. Approval of Minutes May 22,2006 Planning Commission Meeting 2. Informal Public Hearing - Minor Su Glenwood Avenue o - 4243 and 4253 Applicant: Tyrol Hills Land . Address: Purpose: configure the property line between is for a minor subdivision at 4243 and 4253 d that 4253 Glenwood is currently a vacant, 243 Glenwood already has a house on it. Grimes y e would increase the square footage of the vacant 5,300 sq. ft. and decrease slightly the lot with the house o 41,000 sq. ft. He stated that both lots will meet all of the ing Code requirements. He referred to City Engineer Jeff Oliver's {;that his concerns have more to do with when the vacant lot is Karen Woyak, Applicant, explained that she is trying to "clean up" the lot lines. She stated that the lot line between the two properties would invade the site lines of the existing home when a house is built on the vacant lot so she is proposing to move the property line back a little bit which will be better for both lots. Cera asked the applicant about the Tyrol Hills Land Trust. Woyak stated that it is the entity that owns the properties. . Minutes of the Golden Valley Planning Commission June 12, 2006 Page 2 . Keysser asked the applicant if there are plans to build a home on the vacant lot. Woyak said there are no plans at this time to build on the vacant lot. Keysser asked if the vacant lot was currently for sale. Woyak said it is not currently for sale. Keysser opened the public hearing. Marcia Fluer, 225 Janalyn Circle, stated that she has been asked by her neighbors to speak for them at this meeting. She said they are concerned about building on this property for several reasons. The first reason is flooding; she s . that adding another house will add 600 gallons of water to the pond with eac rainfall. She said the second concern is that each tree lost is a threat to Ie w.... ,.,..live west of the pond because trees near the water table can a t le.' by 2 to 3 inches per tree. She stated that the City needs code g .Mit. castles" or "McMansions" and that they would oppose t al a home to be built at this location. She said they would like the mational meetings with public input so residents can voice t . c r the "McMansion" trend and protect its citizens fro Seeing and hearing no one e hearing. eer Jeff Oliver's staff new house is constructed. t. Keysser suggested he . Gene Hollister, 240 Janalyn Circle, referred report and asked Grimes what the issu He asked who the principals are for ask the applicant about the princi a mment, Keysser closed the public Grimes referred to Mr. as requiring com s a submitting a gradi plan to the Ci ta ort and discussed some of the issues such ropriate permits from Hennepin County, as well as nd erosion control plan and a tree preservation ere are a number of requirements already in place ut he would like to get together with the City Council and ese requirements are sufficient because he realizes this is a Eck sai dn't think there was any legal basis in denying this subdivision request. Keysser said he agrees because the proposal meets all of the City ordinances. MOVED by Eck, seconded by McCarty and motion carried unanimously to recommend approval of the subdivision request at 4243 and 4253 Glenwood Avenue subject to the City Engineer Jeff Oliver's memo dated June 8,2006 and Director of Planning and Development Mark Grimes memo dated June 6, 2006 . Minutes of the Golden Valley Planning Commission June 12,2006 Page 3 . 3. Informal Public Hearing - Minor Subdivision SU09-11 - Turners Crossroad South Applicant: Brakins Homes (Yele Akinsanya) Address: 621 Turners Crossroad South Purpose: The Subdivision would create two separate lots in order to keep the existing home and to construct one new home. Grimes stated that there are some concerns ab and their consulting engineers have reviewe feel it will work adequately. the the y ots equired. Grimes reviewed the subdivision proposal and stated that it is v applicant's request in April which was denied by the City Co it aus need for a variance to allow the existing garage to remai rej!, is located. He stated that the applicant has redrawn the I ';at exceed the minimum lot size requirements and there ar u e City Engineer .n garden and they . Keysser stated that he would like to 9,2006 as a condition of approval. er's staff report dated June Cera asked Grimes to review referred to the survey and sewer lines are located. Grimes ting and proposed new sewer lines. private storm sew it be removed. It i system that w,,~ would cause wa. concern requiritiW'i minimize in neig bed . equirement of removing an existing 18" s confirmed that the City Engineer is requiring that .e that is very shallow and is part of an old drain tile property was a farm. Cera asked if removing it up. Grimes explained that the City Engineer is ct of this subdivision on other properties and is also constructed along the south side of the new lot to ct to the neighbors to the south. Grimes added that the streets d are proposed to be reconstructed in 2011, so there will also provements made at that time. Yele Akinsanya, applicant explained that he has met with city staff and that all of the City Engineer's requirements have been met. He stated that all of drainage will be handled adequately. . Lawrence Marofsky, the applicant's attorney, stated that these issues don't need to be addressed by the Planning Commission as a part of the applicant's request for subdividing a lot. He stated that the City Engineer is proposing that the applicant remove part of a private system which he can not do because it is not his. Minutes of the Golden Valley Planning Commission June 12, 2006 Page 4 . He stated that Mr. Berman (601 Radisson Rd) has agreed to let the applicant tie into the private storm sewer line on his property. He reiterated that they are going to meet all of the City's requirements when they build the new house, but they disagree with the mandate regarding removal of the private system. Cera asked Mr. Marofsky if he has talked to the City Engineer about the requirements in his June 9 memo. Akinsanya stated that they just recently received Mr. Oliver's memo but they will talk to him about their concerns before this proposal goes to the City Council. Harold Berman, 601 Rad' Commission tends to i he doesn't want to get contention. He sai e proposed rain gar er ea n ill work. ntingent on Keysser asked Grimes if the requirements are relevant right n explained that the subdivision ordinance states that the Ci information in order to evaluate a proposal. He stated th general understanding that the proposed rain garden a He added that the Planning Commission could vote on t the City Engineer's memo. Akinsanya stated that the City should be co City's storm sewer system. He stated that th were to flow back into private property . proposed rain garden will adequatel . Keysser opened the public he . linking into the n to liability if the system t more than likely the aid th t he has noticed that the Planning memos into their recommendations. He said y including memos that are under eal objection to the proposed subdivision or the has any issues with removing the sewer line. Berman private sewer line in question serves his property and dded that he thinks it was constructed in the early 1950s to ns on highways 100 and 1-394. would talk to the City Engineer about the concerns that have come ting. Gary Hanson, 701 Turners Crossroad South, said he has seen rain gardens and that they are basically just perennial gardens and mosquito swamps. He said his property is going to be the lowest spot and he thinks the subject property needs to be drained and tied into the existing storm sewer system. He said the idea of a subdivision is that there has to be a buildable property and if it is not properly drained it's not a buildable lot and can't be approved. . Minutes of the Golden Valley Planning Commission June 12, 2006 Page 5 . Grimes explained that rain gardens are one of the new best management practices around. He stated that there will be an overflow system and that there is plenty of experience to show that rain gardens work and enhance water quality. Kluchka asked if there is an ordinance in place that makes sure rain gardens are maintained. Grimes said the City requires rain garden maintenance agreements similar to pond maintenance agreements. He explained that the maintenance agreement is attached to the property and filed at the County. Kluchka asked if the condition of requiring a rain garden should permit or with the subdivision approval. Grimes said the issue before final plat approval. building solved McCarty said he thinks it makes sense to have the rain the development of the new property in case a house is Grimes said the drainage on the property will be and erosion control plan. nt go with ew lot. the drainage, Waldhauser said she agrees that acting on the Planning Commission to address f public's concern it saves a few step request doesn't require t but because of the hbors at ease. . Cera referred to the City Engin says a new manhole must b private drain, but 3(b) sa extent possible. He sai would like it to be work said he understa the new pipe will be c e une 9 and noted that item 3(a) ide a connection to the existing isting rivate drain must be removed to the i~se two sentences contradict each other and f e t~e proposal goes to the City Council. Keysser to mean that the old pipe will be removed and a ere seems to be some contradictions in the City should slow down and make sure the City Engineer is trying to convey. no one else wishing to comment, Keysser closed the public Kluchka said he would also like a better explanation of the City Engineer's requirements. . Keysser said they are being asked to approve this subdivision contingent on ongoing discussions with the applicant. He said he is aware that there are concerns but that if the Planning Commission makes it clear that their will be ongoing discussions with the applicant he feels ok voting on the proposal. Minutes of the Golden Valley Planning Commission June 12, 2006 Page 6 . Grimes said he would ask the City Engineer to be as clear as possible when the proposal goes to the City Council. Keysser said he would like Jeff Oliver's memo dated June 9, 2006 to be made a condition and he would also like to require continued discussion with the applicant and Mr. Oliver on the overflow issue to make sure drainage won't adversely affect other properties. 1. The City Attorney will determine if a title review is nec final plat. r Yele Akinsanya MOVED by Waldhauser, seconded by Kluchka and motion carried recommend approval of the requested subdivision at 621 Turner subject to the following conditions: 2. The Certificate of Survey prepared by Kemper and dated May 19, 2006 shall become a p . 3. The recommendations of City Engineer Grimes and dated April 17, 2006 a approval. Additional information the City Engineer for his review the City Council agenda for E, found in the memo to Mark hall become a part of this Engineer shall be submitted to i.:ii~eeks prior to the date it is placed on roval: 4. A park dedication fee' at the time of final deter ined by the City Council shall be assessed 5. The applicant . c issues with the property 0 s iscussions with the City Engineer regarding the overflow . garden to make sure it will not adversely affect other 4. earing - Creating a Mixed Use Land Use Category for I Land Use Chapter of the Comprehensive Plan City of Golden Valley Purpose: To create a Mixed Use Land Use Category for the General Land Use Chapter of the Comprehensive Plan . Grimes reminded the Commissioners that they discussed creating a Mixed Use Land Use Category definition at their May 22 meeting. He read the proposed definition and stated that it has been reviewed by staff, the 1-394 Corridor Study Consultants and the City Attorney. Minutes of the Golden Valley Planning Commission June 12, 2006 Page 7 . Keysser asked if a car dealership would be considered to be "compact urban form" Grimes said there could be a small dealership such as the downtown Minneapolis Saturn dealer. Keysser asked about the areas of the City that this definition would be applicable to. Grimes said staff hasn't looked at specific areas yet but reminded the Commissioners that there has been a request for a mixed used development at the former Olympic Printing site. . Keysser said he thought it was good to have a looser, more flexi the one being proposed because it allows for more flexibility. KI Keysser opened the public hearing. Seeing and hearing Keysser closed the public hearing. MOVED by Waldhauser, seconded by Cera and recommend approval of the following Mixed U imously to tegory definition. Mixed Use (MU): This category includes tra that support two or more land uses wh' support the ability to live, work, sho and are in a compact urban form. T uses; residential, office, retail, uildings, or structures ntary to one another, a defined land use area, ludes the following principal ment. 5. Reports on Me City Coun . B using and Redevelopment Authority, oning Appeals and other Meetings , 2006 City Council meeting and stated that the mance allowing accessory structures in non-residential 6. Cou . Me rs Pentel and Scanlon were present and discussed the Council's decisio ing accessory structures in non-residential zoning districts. Pentel told the Commissioners that the Council would like to have a joint meeting with them to discuss subdivisions and in-fill developments. 7. Adjournment The meeting was adjourned at 8:45 pm. . . Hey Planning 763-593-8095/763-593-8109 (fax) Date: June 21, 2006 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Continued Consideration of Conditional Use Permit (CUP) for Dick and Rick's Auto Upholstery-6100 Olson Memorial Highway (OMH) At the May 22, 2006 Planning Commission meeting, the Commission held an informal public hearing on a CUP application that would allow Dick and Rick's Auto Upholstery to operate in a portion of the building at 6100 Olson Memorial Highway. After the informal public hearing was held and closed, the Commission discussed the application and eventually tabled its consideration for up to one month. A copy of the May 22, 2006 Planning Commission minutes . describing the informal public hearing and Commission discussion is attached. The applicant asked that this matter be tabled in order to consider another location for the business within the 6100 Olson Memorial Highway building that would not require that the outside of the building be altered. With the alteration of the building proposed at the May 22 meeting, the owner would be required to upgrade the parking lot to current standards. This would be very costly and the owner would like to avoid making that improvement at this time. The applicant has revised the site plan to indicate that the existing loading dock door at the southeast corner of the building will be used for vehicle access into the auto upholstery space in the building. This eliminates the external alteration to the building and, therefore, the requirement to bring the parking lot into conformance. The previous plan considered by the Commission on May 22,2006 indicated a new, 14 space parking lot and overhead door along the east side of the building. The amount of building space to be leased to Rick and Dick's was 6555 sq. ft. The revised plan indicates that there will be no parking lot along the east side of the building and no overhead door for vehicle access. The space for Dick and Rick's is still 6555 sq. ft. but it is moved to the far southeast corner of the building and utilizes the existing overhead door. . Overall, the application is very similar with the exception of the elimination of the new overhead door for vehicle access and the elimination of the parking lot. As stated in my previous memo to the Planning Commission (attached), there is already adequate space for parking at the 6100 Olson Memorial Highway building. With the auto upholstery business added, the parking demand will go up slightly. However, existing parking in front of the building should be adequate to handle the 2-3 employee and customer cars. With the elimination of the parking lot expansion of the building, the City's water quality and runoff requirements will not have to be met. . RECOMMENDED ACTION Staff recommends approval of the revised CUP application to allow up to 6555 sq. ft. of the building located at 6100 Olson Memorial Highway to be used for an auto upholstery repair and installation business. Staff believes that this location is appropriate for a car repair operation and does not see any need to limit hours of operation due to the location away from residences. There are several other auto oriented businesses in the immediate area due to its good access to the street and highway system. Staff recommends the following conditions: 1. The site plan prepared by Perry Bolin Architecture for the Tenant Improvements for Auto Upholstery (undated) shall become a part of the plan. 2. All signage shall meet the requirements of the City sign code for the Industrial zoning district. 3. If there is an outside dumpster, it must be screened from view and be constructed of material compatible with the building as determined by the Building Official 4. If there is a complaint regarding noise from the operation, the applicant will keep the overhead door closed except when bringing vehicles into the building. . 5. The memo from Deputy Fire Marshal Ed Anderson dated April 26, 2006, is attached and his recommendations shall become a part of this approval. . 6. All other applicable state, local and federal requirements shall be met. 7. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Attachments Location Map ( 1 page) Minutes from the May 22, 2006 Planning Commission meeting (5 pages) Memo from Director of Planning and Development Mark Grimes dated May 15, 2006 (4 pages) Memo from Deputy Fire Marshal Ed Anderson dated April 26, 2006 (1 page) Original Tenant Improvement Plan (2 oversized (11 x 17) pages) Site Map (1 oversized page) Proposed New Tenant Improvement Plan (1 oversized page) tut 6533 28 28 701 000 ll802 S804 4125 6125 m 245 ::zso n4 m . . Regular Meeting of the Golden Valley Planning Commission May 22, 2006 regular meeting of the Planning Co. mission was held at the Golden Valley City Hall, C il Chambers, 7800 Golden Vall Road, Golden Valley, Minnesota, on Monday, May 06. Chair Keysser called t meeting to order at 7 pm. Those prese Schmidgall and Mark Grimes, Plannin Wittman. 1. Approval of Minutes Eck stated that the 621 Turners Cro . ad was confusing. H that the Plann' Commission decided to order to mit clearer. rding the subdivisio ggested that language ide the request into two sepa ariance request at d explaining otions in . MO\l by Schmidgall, seconded by Eck and motion carried unanimously to approve the 24 minutes with the above noted change. 2. Informal Public Hearing - CUP No. 113 - Dick & Rick's Auto Upholstery- 6100 Olson Memorial Highway Applicant: Rick Zirbes - Dick & Rick's Auto Upholstery Address: 6100 Olson Memorial Highway . Purpose: To allow the applicant to operate an auto upholstery business in an existing building located in the Industrial Zoning District. Grimes stated that the applicant is a requesting a Conditional Use Permit in order to operate an auto upholstery business at 6100 Olson Memorial Highway. He explained that any auto use in the Industrial zoning district requires a Conditional Use Permit. He stated that he doesn't have any issues with the proposed 6,500 sq. ft. area being proposed for this use because it is far from any residential areas and there are no negative impacts but that there is an issue regarding the parking lot. The Zoning Code states that any additions or alterations to the building require that the parking lot to be brought up to current City standards. In order to go forward with this proposal the owners would have to install concrete curb and gutter and ponding to meet water quality requirements. He stated that the proponents feel that the requirements are harsh, but according to the Zoning Code the parking lot needs to be brought up to current City standards. Minutes of the Golden Valley Planning Commission May 22, 2006 Page 2 . Keysser referred to the site plan and asked about the area to the north. Grimes stated that area would also need to be re-paved. Keysser asked about several items being stored on the property. Grimes stated that there is a landscaping business and a towing business at this property and since it is zoned Industrial it allows for these types of usage and storage with proper screening. He added that he has not received any complaints about the storage on the property. Eck referred to Grimes staff report and asked about setback issues on the west side of the property. Grimes explained that if the parking lot is ripped out down to the bear dirt or if the footprint of the building is being expanded the applicant would then have to meet the setback requirements, but if they are just patching or re-Iaying asphalt over the parking lot the setbacks would be alright as they are currently. Rick Zirbes, Applicant, 423 W. 90th Street, Bloomington, stated that they work on the interior of cars such as cleaning and repairs. They do not do any work on the exterior or engines. Keysser asked if cars would be stored in their proposed parking area. Zirbes stated that most of their clients are in and out in the same day so there would not be any cars stored on the property. . Schmidgall asked the applicant to give an example of the type of work he does. Zirbes stated that they fix holes in carpeting and seats or cracks in dashboards. Schmidgall asked the applicant if he has other shops in the area. Zirbes said they have a similar shop in Bloomington. Keysser asked the applicant if this was the only available space in this building and if they really required a new driveway, access and parking lot. Zirbes explained that given the structure of the building this particular space has the best layout for his use and he would like a space in the front of the building for his customers. Grimes asked the applicant how many employees he would have. Zirbes said two or three. Keysser asked why there needs to be 14 parking spaces. Grimes stated that is what the Zoning Code requires for this type of use. Keysser asked Grimes if he thought that might be too many parking spaces. Grimes stated that there could be a different tenant in the future who may require more parking. Waldhauser asked if staff has looked at the overall parking requirements for the site. Grimes stated that the property requires approximately 185 parking spaces using the warehouse/office ratio. . Kluchka asked who the applicant is. Grimes explained that the applicant is the future tenant, Dick & Rick's Auto Upholstery but the owner of the property has signed the Minutes of the Golden Valley Planning Commission May 22, 2006 Page 3 . application giving the tenant permission to go forward and apply for the Conditional Use Permit. Keysser opened the public hearing. Perry Bolin, Architect for the project, explained that the owners have plans to lease the rest of the building. The area to the south has loading dock access and the accessible areas are already leased. He stated that they would like to look at other options that would not require them to re-do the parking lot because that is a significant requirement and cost. He referred to the south east side of the lot and stated that the ground is lower there so presumably that could be developed into a pond but that they have not had an engineer look at the property yet. Cera asked how much of the building is already leased. Bolin said all but 20,000 sq. ft. is leased. Waldhauser referred to the proposed loading dock changes and asked if that had any relation to this proposal. Bolin said the loading dock serves other tenants. . Schmidgall referred to the acrylics business and asked about their access. Bolin said they have access through the vacant space. Grimes added that the acrylics business did pull building permits so the access they have is ok. Kluchka asked about the parking for the acrylics business. Grimes said their parking is in front. He stated that signage is also going to be an issue for this proposal and told the applicants that they should talk to the Inspections Department about the City's signage requirements. Schmidgall added that it would be nice to bring the signage under control at this building. Schmidgall asked about using the existing loading dock entrance as the access for the auto upholstery business. Bolin said they would look in to that option. Schmidgall said he is hesitant about taking away existing green space. Grimes added that if the owners don't change the outside of the building then they wouldn't have to re-do the parking lot. Cera asked if converting a window into a door would kick in the same parking lot requirements. Grimes said he would check with the City Attorney. . Jill Marsolek, one of the owners of the building, 8910 Minnetonka Blvd., St. Louis Park, said she is completely confused about the parking lot and water quality requirements because about two months ago she came to the City with a request for a building permit for the acrylics business to install an overhead door and nothing was said about redoing the parking lot at all and now this proposal has all these requirements. Grimes explained that the acrylics business was a permitted use and didn't require any planning action or a Conditional Use Permit, so that is why it is different than the proposed auto upholstery use. . . Minutes of the Golden Valley Planning Commission May 22,2006 Page 4 Marsolek said that it is almost not feasible to do all that is required for a 6,500 sq. ft. space. Keysser stated that one option would be to use the front loading ramps as an entrance for the upholstery business. Marsolek said she would like to leave the loading docks for the existing space because they are more expensive than access doors. Keysser asked Zirbes if it would make sense for him to use the existing access. Zirbes said he did not want to have to make his customers go all the way around the building to access his business. Schmidgall said he thought it might be worthwhile for the owners to do a plan for the entire building. Marsolek said she already has and that she is adding restrooms. Eck asked if the building permit for the acrylics business to have an overhead door was issued in error. Grimes said it may have been, but that the acrylics business didn't need a Conditional Use Permit so it probably wasn't caught. He added that the owners have had this unpaved parking lot for years and years and if they were to come to the City today to build this building they would have to follow the same environmental standards as everyone else. Keysser asked Marsolek when she is planning to re-do the parking lot. Marsolek said within the next few years. Jack Babcock, one of the owners of the building, stated that they learned about the parking lot requirements last week. He stated that AEI Electronics, another tenant of theirs, made a fairly significant alteration to the building by adding a tower to build racks and now they are finding out that the driveway entrances have to be 26 ft. wide if the building is over 35 ft. high. He said he wishes he would have known that when AEI made their alterations. Grimes explained that the City adopts the State Building Code and that the requirements may have been different when AEI was allowed to build their tower. He explained that right now their building is considered non-conforming and if is the goal of the City to bring buildings into conformance or get rid of non-conformances so now that the applicants are going through a planning action it's a chance to bring it up to the standards of the code. McCarty stated to the applicants that re-doing the parking lot now will make the property nicer which would attract new tenants. Shelby Babcock, one of the owners of the building, 6820 Merrimac Lane N., Maple Grove, stated that she and her husband bought this building several years ago and were doing very well until their business went overseas and left them high and dry. She said they held onto the building and want to continue leasing it out. She said it would be great to do all of the things being asked of them but where will the money come from. She said to do these improvements now with no renters would be too hard. . Seeing and hearing no one else wishing to comment, Keysser closed the public hearing. Minutes of the Golden Valley Planning Commission May 22, 2006 Page 5 . Keysser explained to the applicants that they have some options to consider. They could table their request, have the Commission vote on the request, or withdraw their request. Bolin asked if they provided access for the auto upholstery through an existing truck dock door of an existing door on the northeast side of the building if they could avoid re-paving the parking lot. Keysser said that would be correct because they would not be altering the building. Babcock stated that they would like their request to be tabled. Schmidgall reiterated that he thinks it would be a good idea for the applicants to look at the layout of the entire building. Grimes suggested that the Commission give the applicants a deadline to come back with a different proposal. Keysser suggested a month. Bolin said that would be fine. MOVED by McCarty, seconded by Waldhauser and motion carried to table the request for a Conditional Use Permit for Dick & Rick's Auto Upholstery at 6100 Olson Memorial Highway for one month. --Sh rt Recess-- . 3. Discussion about creating a Mi d Use Land Use Category for the General Land Use Chapter of the Comp., hensive Plan Hanau ted that at the March 27, 20 Planning Commission meeting CommissiO . e staff direction to write e language for a Mixed Use 'd Use Category for th eral Land Use chap r of the Comprehensive n. He stated that currently there are d use categoriein the Comprehensi Ian and that the definition he wrote took consideration omments from March 27 Planning Commission meeting, the pfi ed 1-394. orridor Stu and other cities definitions. Keysser asked if the City c d have a mixe without having a mixed e zoning category: will have to decide. added that this prop to be applied to t Iympic Printing site at forward by the D process. sive Plan designation omething the Council ed Mixed Use des"i' 'on is only proposed is time. A mixed use d opment could go . Kluchka ked if in the meantime the Com sion could work on a Zoning Code definition as w . Waldhauser added that the Zoning :.n specify more details than the Co prehensive Plan language. . . . Planning 763-593-8095 I 763-593-8109 (fax) Date: May 15, 2006 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing-Conditional Use Permit (CUP) for Dick and Rick's Auto Upholstery-6100 Olson Memorial Highway Dick and Rick's Auto Upholstery, represented by Perry Bolin, architect, has applied for a Conditional Use Permit (CUP) in order to operate an auto upholstery business in the Minneapolis Metal and Engraving building at 6100 Olson Memorial Highway. The property is located within the Industrial zoning district. Within the Industrial zoning district, the repair and inside or outside storage of vehicles is permitted only with a CUP. Within the City of Golden Valley, there are many automotive uses that are within the Industrial zoning district. Each of these automotive uses is required to have a CUP unless they predate that requirement. For example, there are several gas stations and auto repair shops that exist without a CUP because they have continually operated in that location for many years. They are considered nonconforming and may continue to operate as long as they are not expanded. The property is guided for industrial uses on the General Land Use Plan map Section 11.80 of the Zoning Code outlines the procedure for the evaluation of conditional use permits. It states the process for review and the factors that must be considered by the Planning Commission. The Planning Commission is asked to make a finding on these factors and make a recommendation to the City Council. The City Council also holds a public hearing on the CUP applications and the Council makes the final decision. SUMMARY OF PROPOSED USE OF SITE 1. Description of proposed business - Dick and Rick's Auto Upholstery plans to lease about 6500 sq. ft. of space in the 6100 Olson Memorial Highway building (The total size of the building is approximately 85,000 sq. ft. on a 7.35 acre site.) The space is on the east side of the building as indicated on the attached site plan. They would be constructing an overhead door for car access into the building. Construction would meet all building code requirements including fire suppression and providing the necessary waste traps in the floor drains. It is my understanding that the cars will only be stored inside the building when they are being worked on. Otherwise, the cars will remain in the parking lot. There will also be a small office for the business. It is my understanding that there will be less than five employees. 1 . At the present time, there is no driveway or parking lot along the east side of the building. This construction would all be new as shown on the plan. 2. Parking - The proposed use will have approximately 14 spaces as shown on the site plan. This parking is more than adequate to serve their small office and business. All vehicles will have to be parked in one of the designated parking spaces and not within any of the driveways or drive aisles. The total number of parking spaces required for the building by the zoning code is about 185 assuming that 80,000 sq. ft. is warehouse space and 5,000 sq. ft. is office space. The site appears to have space for over 200 parking spaces if was properly striped and paved. 3. Existing Property - The existing building has several different users in it including Minneapolis Molds and Engraving, a wholesale electronics warehouse, a towing company and a landscape company. There appears to be adequate parking for each of the businesses within the building. Each of the businesses is located at different corners of the building. This allows for separate parking areas for .each one. The area to the north or rear of the building is fenced for security purposes. However, it is unpaved and without concrete curb and gutter. This parking area is not in good condition. The Zoning Code requires that all parking areas must be brought up to current code standards when buildings are constructed or altered. In this case, the building is being altered to provide for the upholstery business. Therefore, it is the opinion of the city staff and city attorney that the entire parking lot for the 6100 Olson Memorial Highway. building will have to be brought up to current standards as part of the CUP application. This also includes meeting the City's current requirements to provide on-site ponding for both water quality and quantity. The owner of the building has been made aware of this requirement. . 4. Hours of Operation - The hours of operation will be primarily during daytime hours. However, there should be no need to restrict hours of operation due to the nature of the business and its location away from any residential uses. 5. Setback and Code Issues - The subject property is zoned Industrial and is bordered on the north and east by other industrial uses and on the west by two commercial type uses (restaurant and bank). Across Olson Memorial Highway is the Perpich Center for Arts Education. The closest residential areas are south of Olson Memorial Highway and east and west of the Perpich Center. Since the building footprint is not proposed to be altered, building setback is not an issue. The site is currently nonconforming because the parking area along the west frontage road does not meet the required setback of 35 ft. It appears the parking lot is only 20 ft. from the frontage road. If the footprint of the building was to be expanded, a variance would be necessary in order to permit the expansion. 6. Environmental and Public Works Issues - According to the City Engineer, a storm water retention pond for water quality and to control the rate of runoff will have to be a built on the site due to the size of the parking lot improvements. At this time, no pond is shown on the site plan. The pond is necessary to meet the requirements of the Bassett Creek Water Management Organization. Prior to this matter going to the City Council for approval, staff will require that a preliminary plan be submitted indicating how the requirements of the water management organization will be met. . 2 . . . FACTORS FOR CONSIDERATION FROM SECTION 11.80 OF ZONING CODE In approving or denying a CUP, City Code requires that finding be made on ten specified factors. Staff evaluation of those 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 good or service. In this case, the applicant believes that there is a market for auto upholstery work in this area. With the number of auto related businesses in this area, this does seem logical. 2. Consistency with the Comprehensive Plan: The plan map identifies the site for industrial uses. Auto repair and storage is considered a conditional use in the industrial zoning district. Many auto repair businesses operate in industrial areas throughout the city. 3. Effect of Property Values in the Area: The auto upholstery repair business will not have a negative impact on property values in the area. The proposed use is isolated from residential areas and is adjacent to a railroad track. Auto oriented businesses are best suited for these types of areas that are isolated from other non-industrial uses. 4. Effect of any anticipated traffic generation upon current traffic flow and congestion in the area: This auto upholstery business will generate a limited number of trips. It is located on the Olson Memorial Highway frontage road and has good access to Douglas Dr. and the TH 100 frontage road to the east. 5. Effect on any increase in population: Staff does not believe that the number of employees (less than five) or clients that will be on site will cause a negative impact on the area. Since this is a nonresidential development, there will be no increase in population of the area. 6. Effect on noise levels in the area: There may be some noise level increase from the upholster business although staff believes it will minimal. Due to the location of the business adjacent to a busy highway and railroad track, the noise from the business will not have a significant impact on adjacent neighborhoods. 7. Any odor, dust, smoke, gas or vibration caused by this use: Due to the location along Olson Memorial Highway and the railroad track, these issues will not be a problem at his location. 8. Visual appearance of the proposed structure or use: The improvements to the east side of the building will be minimal (construction of a small parking lot and new overhead doors). Also, the east side of the building is adjacent to the railroad tracks and not that noticeable from Olson Memorial Highway. 9. Any increase in flies, rats, or other animals or vermin in the area caused by the use: With proper waste disposal, these pests should not be a problem. 10. Other concerns regarding the use: Modifications to the inside and outside of the building will be addressed as part of the building permit process. If there is going to be a new dumpster on the site, it must be screened with materials approved by the building official. Because of the construction of new parking area, the applicant must submit a drainage and erosion control plan and tree preservation plan. 3 . RECOMMENDED ACTION Staff recommends approval of the CUP for the operation of a 6500 sq. ft. auto upholstery business in the 6100 Olson Memorial Highway building. The staff believes that this location is appropriate for a car repair operation. Staff does not see any need to limit hours of operation due to the location away from residences. There are several other auto oriented businesses in this immediate area due to its good access to the street and highway system. The staff recommends the following conditions: 3. 4. 5. 6. 7. . 8. 9. 1. The site plan prepared by Perry Bolin Architecture for the Tenant Improvements for Auto Upholstery shall become a part of this plan. (undated) 2. Prior to a certificate of occupancy being granted for the auto upholstery business, all existing parking areas on the 7.5 acre site shall be paved and have concrete curb and gutter. All signage shall meet the requirements of the City sign code for the Industrial zoning district. If there is an outside dumpster, it must be screened from view and be constructed of material compatible with the building as determined by the Building Official. If there is a complaint regarding noise from the operation, the applicant will keep the overhead door closed except when bringing vehicles into the building. A plan for meeting the City's water quality and runoff requirements shall be submitted to the City Engineer prior to the matter being sent to the City Council for consideration. The memo from Deputy Fire Marshal Ed Anderson and dated April 26, 2006, is attached and his recommendations shall become a part of this approval. All other applicable state, local and federal requirements shall be met. Failure to comply with one or more of the above conditions shall be grounds for revocation of the CUP. Attachments: Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated April 26, 2006 (1 page) Site Map (1 oversized page) Tenant Improvements (1 oversized page) . 4 . . . Public ~U~Y Memorandum Fire Department 763-593-8055/763-512-2497 (fax) To: Mark Grimes, Director of Planning & Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Application Date: 04/26/06 cc: Mark Kuhnly, Chief of Fire & Inspections The Golden Valley Fire Department has reviewed the proposed Conditional Use Permit application information for the Auto Upholstery Company located at 6094 Olson Memorial Highway. The following are our comments and concerns: 1. The Tenant Improvement for the Auto Upholstery occupancy shall be in accordance with the Minnesota State Fire Code. 2. Prior to approval of any fire suppression permit applications, all existing fire permits associated with this building site shall be finaled by the Golden Valley Fire Department. 3. The proposed plan indicates a new asphalt driveway. The new driveway shall be designed and maintained to support the imposed load of fire apparatus and shall be surfaced so as to provide all-weather driving capacity for the fire apparatus. 4. The minimum unobstructed width of a fire department access road shall be 20 feet. If the building is 35 feet or higher, the fire department access road shall have an unobstructed width of 26 feet. 5. The turning radius for the fire department access road shall be a minimum of 45 feet. If you have any questions, please contact me at 763-593-8065. . - 1: ~ .~ ~~ .~ ~ ~~ C) t. ..,. - ',. -- ~ .,.~ i - -'0 o ~ 0 t --- iI.'r :t..~ \J~ ";a lu... 2ct' r ~ :pI'~ . . ~-~.'''' . 'o~ ,Qr, ~, . Ii '2 , , .~ r. . .. -- '1 , ". I I I ~ .. .s '1 -<lC-' . 'J; o f. q ""- . . . 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