Loading...
10-22-07 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, October 22,2007 7pm 1. Approval of Minutes August 27,2007 Joint Planning/Environmental/Open Space and Recreation Commission Meeting August 27,2007 Regular Planning Commission Meeting 2. Informal Public Hearing - Conditional Use Permit - Home Health Care, Inc. - CUP No. 119 Applicant: Home Health Care, Inc. Address: 800 Boone Avenue North Purpose: To allow the applicant to operate an Adult daycare located in the Light Industrial zoning district 3. Informal Public Hearing - PU67 -A2 - Westwood Lake Office Park - Final PUD Plan Applicant: Bigos Management, Inc. Address: 8401,8421 and 8441 Wayzata Blvd. Purpose: To construct a new two-story office building with parking garage below. 4. Informal Public Hearing - Conditional Use Permit - Morrie's Automotive - CUP No. 118 Applicant: Wagener Properties, LLC Address: 7400 Wayzata Blvd (Morrie's Cadillac Saab) Purpose: To allow auto sales in the Industrial Zoning District. 5. Informal Public Hearing - Conditional Use Permit - Artistic Urges - CUP No. 120 Applicant: Artistic Urges, LLC Address: 1405 Lilac Drive North Purpose: To allow the operation of a hair salon in the Business and Professional Offices Zoning District. 6. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 7. Other Business 8. Adjournment . Joint Meeting of the Golden Valley Planning Commission, Environmental Commission and Open Space and Recreation Commission August27,2007 A joint meeting of the Planning Commission, Environmental Commission and Open Space and Recreation Commission was held at the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, August 27,2007 Planning Intern Joe Hogeboom called the meeting to order at 6 pm. Howard referred to the background inform Comprehensive Plan Update. She discu of the housing stock in Golden Valley is there have been approximately 65 update in 1999, most of which w 25 new housing units built. Sh residential use. She added will be designated for mul area west of the Spirit of H and the area east of Avenue. I and Clair, nico, nt Mark eannine Eckman, Intern Teresa Those present were, Planning Commissioners Eck, Keysser, Kluchka, Waldhauser, Environmental Commissioners, Baker, Chandlee, Hill, P Open Space and Recreation Commissioners Bergman, Johnson, b Saffert, Sandler and Vaughan Also present was Director of Pia an Grimes, Director of Parks & Recreation Rick Jacobson, Direc Clancy, Environmental Coordinator AI Lundstrom, Public Wor Planning Consultant Perry Thorvig, Planning Intern Joe oge Howard and Administrative Assistant Lisa Wittman 1. Presentation/Discussion of the Com pre te - Housing Element . Housing Element of the ~ k, and stated that the majority er-occupied units. She stated that since the last Comprehensive Plan velopments. In 2005 and 2006 there were 48% the land in Golden Valley is dedicated to I Land Use Plan also shows three new areas that g. These areas include the 1-394 Corridor, the rch at Ison Memorial Highway and Winnetka Avenue pe C,hurch at Olson Memorial Highway and Winnetka ble titled Tenure by Units in Structure and asked about the "1, isted under Renter occupied units. Howard explained that a gle family home with one unit on a lot. An "attached" is typically a and that these terms are U.S. Census categories. o page three of the proposed Housing Element and stated that the amount of land a In Golden Valley is limited and many of the sites that are available are challenging sites with steep slopes, poor soil, etc. She discussed the aging population and said that studies show that seniors want to age in place as long as they can and the City is looking to add more senior housing. She discussed the aging housing stock and noted that almost 70% of the houses in Golden Valley were built before 1970. Because of that, maintenance and repairs are going to be of concern. . Howard referred to a chart titled residential reinvestment and discussed the residential property maintenance program and the various agencies that the City has partnered with to help people reinvest in their properties such as the Center for Energy and Environment and Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission August27,2007 Page 2 . the Safer Tenants and Renters (STAR) program. She added that there are approximately 45 vacant single family homes in Golden Valley and in 2000 the vacancy rate was less than 2%. Kluchka asked how vacancy is defined. Howard said it isa snapshot of the census on any given day. ' Howard discussed the housing costs in Golden Valley and stated that they are slightly above the metropolitan area median home value at $262,000. Howard explained that in 2006, the Metropolitan Council considered a home in the metro area to be affordabl ouseholds with 80% of the area median income when priced at $206,800 or below standard there are approximately 1,530 affordable owner units in Golden Valley. to maps that show the age, estimated value and location of what the Metro a uld consider affordable units. Howard discussed some of th existing housing stock in G are then not affordable to aging housing along i h tr .. n of cost me on rent or ents is below the City should cease trop an Council indicates ordable housing over the n utilize to address the mmunity Development Block d Trust-Homes within Reach :. Howard referred to a map showing cost burden and explaine burden is when a renter or homeowner pays 30% or m of t housing costs. She stated that the cost burden felt by G average of surrounding communities but this dQes efforts in increasing the amount of affordable hou that Golden Valley should plan for an additional 1 next 10 years. Howard discussed the prog housing needs of its current and future r Grant funds, LCA grants, West Henne . program and Tax Increment Finan alleng to developing and maintaining the h as large homes being built on small lots that uyers, aging multi-family properties and the or arterial roads and collector streets. Waldhauser refe people are movi more sing I 0 houses . the City I phics of Golden Valley and stated that a lot of younger ecessarily traditional families with children. There are e students buying homes and she is concerned that those . Grimes agreed and stated that was one of the reasons why ousing maintenance program. e Tenure by Units in Structure chart and questioned the 13 listed in the at, RV, van, etc." column. Howard said she agrees that 13 doesn't seem ormation on that chart was gathered from Census data. . Thorvig referred the housing goals, objectives and policies pages of the proposed new housing element. He discussed the first goal, Housing Quality and reviewed the objectives for that goal. The first objective is that less than 5% of the housing units will be substandard, the second objective is the identification and removal of substandard housing units that are economically unfeasible to rehabilitate and the third objective is the elimination or Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission August 27,2007 Page 3 . appropriate buffering of blighting influences such as unkempt yards, glaring lights, unscreened storage, and inappropriate vehicle storage on residential properties. Baker said he sees the use of the words "upgrading", "maintain" and "repair" used synonymously but he sees the word "upgrading" as having a different meaning. Thorvig said he was referring to the upgrading of the condition of a property, but that he would better clarify the word "upgrade". . Thorvig r housing goal which is affordability. He explained the objective for is goa % of the City's housing supply in quality units are affordable to low and mo te inc pie. Howard stated that currently approximately 23% of the housing supply alley is affordable. She asked the commissioners if they thought 25% would be tic goal. Schmidgall asked about the percentages in other communities. Thorvig explained that the Metropolitan Council has a formula they use to determine the number of affordable units required in each community and Golden Valley needs to have 104 units. St. Clair asked if the City accomplishes its goal of 20% with 104 units. Howard said that she doesn't have the complete data yet on the number of rental units. Waldhauser said she thinks maintaining Golden Valley's existing percentage would be a good goal. She added that she would also like to see that the existing smaller, affordable homes don't become non-affordable. Grimes said the question is as new development occurs if the City 'ola . Howard said it ity has thought about e Council has rejected inspection done before they Sandler suggested the first objective be changed to say that less than 0% units will be substandard instead of saying less than 5% of the housing substandard. Thorvig said he didn't think that 0% is practical or reali . realizes that reality is going to be different but the goal should be S saying that the City will "work toward 0%". Howard said she thi an objective that can be measured so there is a way to see if Waldhauser suggested have a certain percentage in each nei . Keysser asked how much time people get to fix things depends on the violation and the time of year. Ke having a point of sale inspection process. Grimes that in the past but that most people get a private purchase a home. Thorvig stated that the second goal i He explained that the objectives fo be designed or designated exclu supply should be multiple fa . example of this goal is We be accessible even thoug seniors. St. Clair ask ab percentage of senior units in Golden ley. going to be Mul designated t housing element is housing variety. : 1) a east 10% of the city's housing supply L;;:i;;and 2) at least 40% of the city's housing ed single family homes. Grimes stated that an because a certain percentage of the units had to t was not exclusively designed or designated for urrent percentages. Thorvig said he didn't know the . point but there are currently about 1,500 multiple family that the majority of new housing in Golden Valley is , oward added that there are not any new areas being and Use Plan Map for single family housing. Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission August 27, 2007 Page 4 . should require that a certain percentage of the units be affordable. Howard added that another concern is that as the population ages their income may go down. Keysser said he is more concerned about young families just starting out being able to afford a home. Eck asked for clarification regarding low and moderate income. Thorvig explained that low income is 50% of the median family income and moderate income is 80% of the median family income. Kluchka said he would like the quality section to be more focu certified structures. Thorvig suggested adding languag . the sustainability. Clancy stated that she would like numbe read that all parts of the City Code will be used in Residential Property Maintenance Code. "LEED" regarding tion changed to , not just the Thorvig stated that the final proposed housing goal is nondiscrimination. building practices such as LEED Certified construction and asked what be included in. Thorvig said he thinks it would be appropriate to put t section. Grimes stated that number twelve in the housing quality 0 Hill suggested making number twelve two separate objectives. . Vaughan said he would like to see a state existing infrastructure, parks, etc. Thorv' Use Plan. St. Clair noted that when thi about the concentration of people some of those issues are add res sidewalk connections, bicycle where higher density need truction not overtaxing anguage belongs in the Land the Land Use Plan they did talk spa people need. Grimes stated that t elopments such as tennis courts, pools, aldha ser added that open space might dictate goal and stated that the language seems redundant n laws. Howard stated that she believes the red section. plish objective number 4 in the nondiscrimination section ment in the siting of new subsidized housing developments. est way to get early citizen involvement is to require developers the citizens before the public hearing process. is anything in the proposed Housing Element regarding group homes. Thorvig r to number 3 in the nondiscrimination goal. He stated that the City will continue to work with state legislators to reform regulations regarding the location of residential facilities. . 2. Adjournment The meeting was adjourned at 7:25 pm. . , '\ '. Regular Meeting of th<e Golden Valley Planning Commission August 27, 2007 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, August 27, 2007. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Eck, Keysser, Kluchka, McCarty, Schmidgall and Waldhauser. Also present was Director of Planning and Development Mark Grimes, Planning Intern Joe Hogeboom and Administrative t Lisa Wittman. Commissioner Cera was absent. Eck referred to the second paragraph 0 last sentence. The Commissioners a id a word was missing from the "sense" should be added. 1. Approval of Minutes August 13, 2007 Regular Planning Commission Waldhauser referred to the third paragraph on pa regarding the articulation of walls. . MOVED by Eck, seconded by the August 13, 2007 with the ion carried unanimously to approve rections. 2. Informal Publi 11.90 4(A)(1) B ing Code Amendment - Amending Section Appeals Administration. end the Administration section of the Zoning Code to allow ny member of the Planning Commission to serve as an alternate on the Board of Zoning Appeals. ed that the Board of Zoning Appeals (BZA) has five members, one of which h e a Planning Commissioner and two alternate members. He stated the BZA has been having an issue with getting enough members to attend their meetings so he is suggesting that the ordinance be amended to allow any member of the Planning Commission to be eligible to serve as an alternate on the BZA. Keysser said he thinks the proposed ordinance change makes sense. McCarty agreed. . Kluchka said he would like some background or training on common BZA issues and terminology. Grimes said he would organize some training for the Planning Commissioners. 't . . . Minutes of the Golden Valley Planning Commission August 27, 2007 Page 2 Keysser opened the public hearing. Hearing and seeing no one wishing to comment, Keysser closed the public hearing. MOVED by McCarty, seconded by Eck and m9tion carried unanimously to recommend approval to amend the Administration section of the Zoning Code to allow for any member of the Planning Commission to serve as an alternate on the Board of Zoning Appeals. 3. Reports on Meetings of the Housing and Redevelopm Council, Board of Zoning Appeals and other Meetin Waldhauser discussed the MnAPA annual fall conferenc the Commissioners to attend. and invited McCarty stated that at the last Board of Zoning A considering "blanket variances" for areas wher Commission decided to have the Board cont" basis. Board discussed orm.setback issues. The iances on a case-by-case Keysser stated that the City Council . report on infill development at their Commissioners to attend. the Planning Commissioner's 007 meeting and invited the 4. eptember 10, 2007, November 12, 2007 and the ing Commission meetings. ed to cancel their September 10, 2007 meeting. cided to reschedule their November 12, 2007 meeting to ners decided to reschedule their December 24, 2007 meeting to ,2007. 5. Adjournment The meeting was adjourned at 8 pm. . . . Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: October 7, 2007 To: Planning Commission From: Joe Hogeboom, Planning Intern Subject: Informal Public Hearing on Conditional Use Permit (CUP-119) to Allow for an Adult Day Care at 800 Boone Avenue - David N. Olshansky (President, DRAM Properties, Inc.), Applicant Background Mr. David N. Olshansky, president of DRAM Properties, Inc. has requested a Conditional Use Permit (CUP) in order to allow an adult day care facility at 800 Boone Avenue. It is the intent of DRAM Properties Inc. to rent space to Health Care Plus, Inc., doing business as Heartland Adult Daycare. Heartland Adult Daycare is a subsidiary of DRAM Properties, Inc. Heartland Adult Daycare would employ approximately 15 people and would serve between 60 to 70 elderly clients. Heartland Adult Daycare intends to utilize a dining area, a kitchen, and several restrooms for its facility. Regular hours of operation are predicted to be from 7 am to 5:30 pm, however after-hour events may occur. The City Council approved a similar CUP, issued to DRAM Properties, on November 5, 2003 for the operation of an adult daycare at 4949 Olson Memorial Highway. A copy of Conditional Use Permit No. CU-103 has been attached to this memorandum. I have visited 4949 Olson Memorial Highway and have found it to be in compliance with the guidelines set forth in the CUP (see attached pictures.) Proposed Use The building at 800 Boone Avenue was constructed in 1973. It is located in the Light Industrial zoning district. The site is guided for light industrial uses in the Comprehensive Plan. Leeds Precision Instruments, a microscope manufacturing company, is currently located in a separate area of the building. Individual access would be provided for the proposed adult day care facility. Heartland Adult Daycare would occupy 6,600 square feet in the northern half of the building. An additional 1 0,600 square feet of the building will be used as office space for Home Health Care, Inc. . The Zoning Code requires one parking space for five clients and one parking space for each staff member. The building at 800 Boone Avenue currently has 166 parking stalls, which would provide adequate parking for employees and clients of the day care. It is stated by the applicant that most of the elderly clients use some form of public transportation, and will not require individual parking stalls. The building to the north of the DRAM Property (830 Boone Avenue) currently sits vacant. The 152,500 square foot building is owned by Interkey Properties LLC, and is currently available for lease. The building to the south of the property, located at 750 Boone Avenue, is occupied by the offices of Peterson, Beyenhof and Zahler, Ltd., CPAs. Across the street to the west, Billboard Planet and Performance in Motion occupy space. Bassett Creek is located directly east of the property. There are currently four "for-lease" signs along Boone Avenue between ih and 10th Avenues. The traffic signal at the intersection of Boone Avenue and Highway 55 provides good access to the site. Golden Valley Road and 10th Avenue also provide adequate access to the site. . Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff coml1lent: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. DRAM Properties has demonstrated . this by showing high enrollment in its current facility and the need for additional gathering space. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as long-term light industrial use. Adult day care centers, through conditional use, are compliant with this land use designation. 3. Effect on Property Values in the Area: Staff does not believe the approval of this permit will negatively affect property values in the area. The site is located in an industrial area and is separated to an adjacent Residential zoning district by Bassett Creek. 4. Effect of Use on Traffic in the Area; Generally, clients utilizing the daycare will arrive via bus, reducing the number of trips made to and from the facility. Typically only employees and visitors would arrive by car. 5. Effect of Increases in Density or Population on the Area: The proposed use will not increase the population of the area. Since this use is non-residential, only the daytime population of Golden Valley would be effected. 6. Increase in Noise Created by Use: Noise impacts created by this proposed facility should not extend beyond the site. Minimal additional noise can be expected by busses transporting clients. . . 7. Any Dust, Odor or Vibration caus($(i by Use: No such problems are expected to be caused by this proposal. 8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not contribute to the existence of pests in anyway. 9. Visual Appearance of the Use: The exterior of the building will not be affected (other than signage) with the proposed use. 10. Other Effects of the Use: Staff does not anticipate any other negative effects of the proposed use. Recommended Action: Staff recommends approval of the Conditional Use Permit allowing an adult day care center serving up to 70 clients (or an amount specified by the Minnesota Department of Human Services.) The day care facility is to be operated by Heartland Adult Daycare, a subsidiary of DRAM Properties. The approval of a Conditional Use Permit is subject to the following conditions: 1. All signage must meet the requiremt;}r;1ts of the City's sign code. r.. .,' \ 2. The site plan prepared by Joseph Buslovich Architects, dated August 22, 2007 shall become a part of this approval. . 3. The adult day care shall be limited to 70 clients, or the amount specified by the Minnesota Department of Human Services and approved by staff. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All other applicable local, state and federal requirements shall be met at all times. Attachments: Location Map (1 page) Letter to Lisa Wittman from David Olshansky, dated September 18, 2007 (2 pages) Conditional Use Permit No. CU-103, dated November 5,2003 (1 page) Pictures of 800 Boone Avenue (4 pages) Pictures of 4949 Olson Memorial Highway (4 pages) . Site Plan prepared by Joseph Buslovich Architects, dated August 22,2007 (1 page) 1 8 o 8 (> o (> 10000 o o o o 00008 amIl ....... . . . . DRAM Properties" Inc. 4949 Olson Memorial Hwy. Golden Valley, MN 55422 Bus. (763) 417-8888 Fax (763) 417-9999 September 18, 2007 Ms. Lisa Wittman City Of Golden Valley 7800 Golden Valley Rd. Golden Valley, MN 55427 Dear Lisa, DRAM Properties, Inc. ("DRAM") plans to rent space to two companies which operate an adult daycare program and a home health care business respectively at 800 Boone Avenue, Golden Valley, MN 55427. Health Care Plus, Inc. doing business as Heartland Adult Daycare, ("Heartland") will operate an adult daycare program which would use the following rooms for all of its activities: a dining room which could be employed as a banquet hall for special events, a kitchen allowing us to both cook and serve food or warm up and serve catered food, and several restrooms. Heartland would employ approximately fifteen (15) people within the building and would serve the elderly clients. Most of these participants would arrive and leave by company bus. The building has one hundred sixty six (166) automobile parking spots, which is more than enough for company employees and buses. Although typical business hours wi11likely be 7:00 A.M. to 5 :30 P.M., the building may be open until midnight to accommodate special events for program participants, family members, employees, and other invited guests. Heartland would occupy only 6,600 square feet in order to serve its participants. This space was used by the previous owners for storage, however, DRAM hopes to convert this area into space comporting with A-2 and 1-4 uses. Due to the nature of our activities and the success ofthis program at another location, we expect no disturbing on-site or off-site impacts. Currently, Heartland operates a similar adult daycare facility at the 4949 Olson Memorial Hwy. address listed above. To date, there have been no disturbing off-site impacts and none are . . . expected. Heartland's serving of elderly clients has been well-accepted at that location by both company employees, neighbors, and the community. Every activity is conducted inside the facility" with absolutely no increase in noise levels. This proposed use for 800 Boone Avenue will similarly have no negative impacts on surrounding areas. Heartland has not and will not cause any increase in flies, rats, or other animals/vermin in or around the area. More importantly, Heartland's activities do not and will not negatively affect property values of the surrounding community (in fact, they may increase property values); nor do they create additional traffic, congestion, or the slowing of traffic because all of the participants are driven in and out by company bus only several times per day. Because Heartland will not increase the population in the area of the facility, it will not effect the density of the surrounding land uses. Heartland has successfully operated a similar program at 4949 Olson Memorial Hwy. for over two years without complaints, nuisances, and noticeable or negative impacts on surrounding areas. DRAM believes that Heartland can make a positive impact in the 800 Boone Avenue community. DRAM hopes to rent the remaining 10,600 square feet to Home Health Care, Inc. ("HHC") as office space for supporting their current business operations. Like Heartland, HHC currently operates out of 4949 Olson Memorial Hwy., though their line of business is drastically different. HHC serves approximately five hundred (500) elderly clients by sending nursing and assistive staff to their homes for medically-approved and necessary services. HHC employs four hundred fifty (450) people, but because most employees work at patients' homes, a maximum of thirty (30) administrative employees are present on-site. HHC hopes to use the premises as B- occupancy twenty-four (24) hours per day, for client emergencies, though regular business hours are 7:30 A.M. to 5:30 P.M. DRAM is confident in making the aforesaid claims concerning the impact of Heartland on the community because there have been no negative effects at or near 4949 Olson Memorial Hwy. with the concurrent HHC and Heartland operations. In fact, based on the fairs and events that marketing staff from both companies have attended, the serving of elderly clients in their homes is both needed and well-appreciated by the community. DRAM believes that the proposed building uses will enable both HHC and Heartland to replicate their successes and make a positive impact on the surrounding community. :~:u ba~e any q7r concerns, please do not hesitate to call me at (763) 417-8888. ~/ N. f'::y esident . CITY OF GOLDEN. VAL.LEY CONDITIONAL U.SE PERMIT No. CU-10X S Date of Approval: November 5.. 2003bvthe 9ityCouncilin accordance with Sec,> 11.10. Subd. 2 and Section 11.30 of City Code Issued To: I Healthcare Ph.Js.lnc. 4949 Olson MernorialHiqhwav.Golden Valley. MN Approved Location: Approved Conditional Use: To aI/ow for anadult daY care center in the Business and Professional Offices zonina district. Conditions()f Approval: 1. All sign(:ige mUst rneetthe requirements of the City's sign code. 2. The site plan prepared by Buetow and Associates and dated 9/29/03 shCiIl become Ci part of tHis approval. 3. The adult day care center shall be limited to 92 clients and 18 employees. .; . 4. The hours of operation shall be 8 am to 6 pm, Monday-Saturday. 5. Up to 8. parking spaces may be "proof of parking" and striped only when .it is determined it is >needed to meet parking demand. The additional space freed up by the reduction of parking shall be used to improve maneuverability within the parking area. 6. The memo from Ed Anderson, Deputy Fire Marshal, to Mark Grimes, Director of Planning and Development dated 9/12/03 shall become a part of this approval. 7. All improvements to the building shall meet the City's Building Code requirements. 8. The State of Minnesota Department of Human Services shall issue all necessary licenses to Health CarePh.As before operating the adult day care center. Proof of licensing shall be given to the Director of Planning and Development. 9. All other applicable local, state and federal requirements shall be met. 10. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. . Warning: This permit do.esnotexempt you from all other city code provisions, regulatio ,and ordinances. Issued by: Mark Grimes, Director of Planning and Development . ......- -- .... ..0 c...:.. z . ~ ~ . . z . Q) > <C Q) c: o o III o o CO . 1 "',1 " f " '''1'-;; ..... .~ ,>> "'. f>~"t'~ .,~~;,.,.;.; .. ~-~ ..... ~~ ~~. ,~"". ~. > ~",,"I;';, .:;,;. '..-'. . t. ," -'"'>i. . .,,~ _or '~f::(~ ~ ..."r. >, ~. . '.LT ..~ ~ -- I I I . . ~ ~ ~ ., E Q) ~ s:: 0 en - 0 0') llIl:t 0') , llIl:t .. I . , P." i, t! - ~&~. \", .<.s, ':,f',~~j~: ~ r J., I~ i .' .. ,-'.. t. l ~'-;.f ; ,~ I: 1; F~" " J., , Ji~,;\ I . . 1 "4 '~l'''l~f'' ',1'1 I ", .f, " r iJ!~ , ~,~ ',J'li,! j · ~ '.; 'IH ~,'.! 'i'fj I', , I ., .1 I , I' ' ,j . , .. 'I fl . . : , 'J .j t- W' . ,~ 'I " ',j' ) I . ~ oJ ,- l .~ " t ~\ I I , ".J , ,\. .,,, , " ' \t', . ' ,. ~.,., ~ ~ l i;\' f ' &; '~ < . '~~ ,~ . f: '; 'f'~,' ,\. I /':' 'I , "'11',' t.., t~' t I ., '\' I I l ,I . ~ I I' ,:J ~ - _~I , 1,'~ '<', t~:, \t4' '; ~.l ,1 '~r,~ . ~'l'" t I · i'~' .. linD', J \1" . ' f}~!r", t . ,I i.J .J e: I fJ I . . ~) ~ '/, JM ' '~4~~~:~ 'I __'1 _,_ _ \. . . I I I I I I I I , I I I I. , . ~ ~ J: . E Q) :2 c: o tJ> - o en "Il:t en "Il:t . . '. Hey Planning 763-593-8095/763-593-8109 (fax) Date: October 9,2007 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Final Plan of Westwood Lake Office Park, PUD No. 67, Amendment No.2-Bigos Management, Inc., Applicant At the August 13, 2007 Planning Commission meeting, the Commission held an informal public hearing on the Preliminary Plan for Westwood Lake Office Park, PUD No. 67, Amendment No.2. After the hearing, the Planning Commission recommended approval with eight conditions. The City Council held a public hearing on the preliminary plan on September 18, 2007. After the hearing, the City Council unanimously recommended approval of the Preliminary Plan with eleven conditions. I am attaching a copy of the Planning Commission minutes from August 13, 2007 that list the Planning Commission conditions and a copy of the City Council's eleven conditions approved at their September 18, 2007 meeting. The PUD process is a two step process. After the Preliminary Plan is approved by the City Council, the applicant must apply for Final Plan approval. The Final Plan must be consistent with the approved Preliminary Plan and reflect the changes recommended by the City Council in the approval of the Preliminary Plan. Bigos Management has now prepared the Final Plan for consideration by the City. The staff has reviewed the Final Plan application and materials. The staff finds the information to be consistent with the approved Preliminary Plan. It also addresses the conditions of approval that were made part of Preliminary Plan approval by the City Council including the provision of a continuous sidewalk access to the front door of the building from Wayzata Blvd. and the location of a bike rack. As part of the Final Plan review by the Planning Commission, the Commission must find that the Final Plan is consistent with the Preliminary Plan approved by the City Council, any conditions added by the City Council at the time of Preliminary Plan approval, the Intent and Purpose provisions of the PUD chapter, other provisions of the PUD ordinance, and principles and standards adhered to by the City. RECOMMENDATION The staff has reviewed the Final Plan for Westwood Lake Office Park, PUD No. 67, Amendment No.2 and recommends that the Planning C9hlmis~ion recommend approval of the Final Plan with the following conditions: . . . . 1. The Final Plat prepared by Westwood Professional Services, Inc. shall become a part of this approval. 2. The plans prepared by Sand Companies, Inc._shall become a part of this approval. (Plan Sheets A-0.1, L-1.0, L-1.1, C-1.0, C-2.0, C-3.0, C-4.0, C-1.0, A-2.0 3. The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes dated August 6, 2007 and October 12, 2007 shall become a part of this approval. 4. The recommendations in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes and dated July 24, 2007 and October 3, 2007 shall become a part of this approval. 5. A revised "Amended and Restated Declaration of Parking, Driveway, Utility and Courtyard Easements" shall be submitted to the City with the Final Plan application for the PUD. This revision shall include language about how the new 26,000 sq. ft. office building operates within the entire Westwood Lake Office Park. 6. A new final plat of PUD No. 67 showing four rather than three lots shall be filed by the applicant with Hennepin County within 60 days of City Council final plan approval. Proof of filing shall be provided to the City. 7. The final landscape plan shall be reviewed by a landscape architect at the cost of the applicant. The Planning Commission also makes the following findings: 1. The proposed Final Plan is consistent with the Intent and Purpose of the PUD chapter of the zoning code as outlined in Section 11.55, Subdivision 1, A,1-11 (as applicable). 2. The Final Plan is consistent with the Preliminary Plan approved by the City Council on September 18, 2007 with one exception. The revised "Amendment and Restated Declaration of Parking, Driveway, Utility and Courtyard Easements" will be submitted prior to approval of the Final Plan by the City Council. 3. The Final Plan also meets the following standards adhered to by the City: A. Quality Site Pia nning- The PUD ~mendment is tailored to the specific characteristics of the site and achieves a higher quafity of site planning and design than generally expected under conventional zoning provisions. B. Preservation -The PUD amendment preserves and protects substantial desirable portions of the site's characteristics, open space, and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. C. Efficient-The PUD amendment includes efficient and effective use of the land. D. Consistency-The PUD amendment results in development compatible with adjacent uses and is consistent with the Comprehensive Plan. E. General H ealth- The PUD amendment is consistent with preserving and improving the general health, safety and general welfare of the people of the City. . . . F. Meets Requirements-The PUD amendment meets the applicable Intent and Purpose provision and all other PUD ordina,nce provisions. '.;1 '\ Attachments Location Map (1 page) Applicant's Narrative Description (2 pages) Letter to Mark Grimes from William R. Huston, Project Engineer, dated September 26, 2007 (3 pages) Memo from City Engineer Jeff Oliver dated October 12, 2007 (3 pages) Memo from Deputy Fire Marshall Ed Anderson dated October 3,2007 (1 page) Planning Commission Minutes dated August 13, 2007 (7 pages) List of Conditions Approved by the City Council at their September 18, 2007 meeting (1 page) Storm Water Pollution Prevention Plan (6 oversized pages) Final Plat and Site Plans (11 oversized pages) ~ ~~r ~~R N8 tiVN169 TO Ell 1394 ".!t~ ~ ~ ~ "" (1) MJ.iper~"{tw's'tl~o.iMS" C<wt"t':'gi't1Ci loralt;~iQ)S Q l!:;l.3il . . -Floor 2 - 2 exits total width of20 inches at doors~ 26 inches at stairs -Floor 1 - 2 exits total width of 10 inches at doors -Total Stair cumulative width required - 52 inches 11.) Travel Distance - 300 feet maximum at B Occupancy~ 400 at S-2 Occupancy 12.) Accessibility- Parking -92 total spaces - 4 accessible spaces required - 6 provided. Two spaces are interior. All Toilet Rooms to be accessible. WESTWOOD LAKE OFFICE NARRATIVE DESCRIPTION The proposed PUD amendment will allow construction of a new 25~500 sq. ft. two story office building meeting the market for high quality space in smaller buildings for local and area small businesses. It will complete the development of the entire site resulting in a mature office park. The PUD amendment dpes not alter the use of the PUD as originally created. . While the area of new impervious surface is less than one acre total~ storm water will be collected and treated in small "rain garden" or infiltration basin areas before being released to the wetland area. The existing parking area drains directly to area storm drains~ so development of this portion of the site as proposed will have a small beneficial affect on the entire site by capturing the run-off from the building and associated parking. Portions of currently under-utilized paving will be turned to productive use in support of the new office space~ and the overall large unbroken paved area of the east parking lot will be slightly improved with the addition of new green islands. The new building and parking area will require some tree removal. A very large box elder along the east property line will be protected and saved since it is important to the residential neighbors. (It may be the only good looking box elder in existence.) A larger ash tree north of the building and numerous pines/firs along the south property line will likewise be protected and retained. The trees that will be removed will be chipped on site with the chipped material used in the erosion control program during construction. The new building is oriented to allow good views of Westwood Lake and the wetland area between the existing parking area and the lake. While interior office development will be tailored to the users~ it is hoped that most office spaces will take advantage of the views to the wetland. The orientation of the building and parking is meant to protect the adjacent residential neighborhood from the movement of cars on the surface parking or while entering and leaving the interior parking garage. . This proposed building takes maximum advantage of existing utilities and will not require extensions of any public utilities. The building desi~ two stories with hipped . roof and large windows, is planned to provide a transition between the residential structures on Wisconsin Avenue to the east and south and the more commercial three story office buildings to the west. Providing parking within the partially buried :first level will minimize the impact of the required paved area on the site. The building will be highly energy efficient with R-20 wall construction and R-44 roof insulative values. Windows will be low-E insulating glass type with Argon. Lighting controls will activate at motion and include daylighting monitors. Mechanical systems will be highly energy efficient and will have very localized controls. Use of heat pump style air conditioning units is being considered to minimize use of natural gas for interim season heating. . . . '" Westwood . . September 26, 2007 Westwood Professional Services 3701 12th Street North Suite 206 St. Cloud, MN 56303 Mark Grimes Director of Planning and Development City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4508 M A I N 320-253-9495 fAX 320-253-8737 TOLL fREE 1-800-270-9495 EMAIL wps@westwoodps.com www.westwoodps.com Re: Westwood Lake Office Park - PUD Plan File 20075077.00 Dear Mr. Grimes: Westwood Lake Office Park - PUD Plan went before the Planning Commission on Monday, August 13,2007. At that time, recommendations were issued from the planning department, the public works department, and the fire department. Subsequent work on this project also produced comments from the City of St. Louis Park and the Bassett Creek Water Management Commission (BCWMC). I would like to address these recommendations and comments as follows: Planning Department 1. The mentioned Plan Sheets will be a part of the approval. 2. Recommendations from the City Engineer will be a part of the approval. 3. Recommendations from the City Fire Department will be a part of the approval. 4. The attorneys are working on the declaration. 5. Parking has been revised by the architect to meet setback requirements. 6. A new final plat ofPUD No. 67 showing four lots will be filed with Hennepin County within 60-days of City Council fmal plan approval. Public Works 1. The fmal plat includes a 10-foot drainage and utility easement on all boundaries of the entire PUD. 2. The preliminary plan was submitted to the Minnesota Department of Transportation on August 14,2007 (see enclosed copy ofletter). 3. The project will meet or exceed BCWMC water quality standards. 4. The Grading, Drainage, and Erosion Control Plan has been revised to meet the requirements listed in the Engineer's memorandum. 5. The developer will enter into a Storm Water Treatment Facility Maintenance Agreement for the filtration basins. 6. BCWMC comments are included with this letter. These are preliminary comments, and further comments will be addressed when they are issued. 7. The proposed building is above the 1 % Flood Plain of Westwood Lake. 8. We will address the comments of the Building Official, Fire Department, and other City staff. TJ:..BL!5HE IN "]972 TWIN CITIESIMETRO ST. CLOUD BRAINERQ . '" Westwood . . September 26, 2007 Page 2 Fire Department 1. We will work with the Fire Department to provide an approved access road and/or appropriate safeguards. 2. The access road will be designed appropriately. 3. The access road is designed with a minimum 45' inside radius. 4. The signs are shown on the striping and signage plan. 5. The access road has a minimum width of26'. 6. We will work with the Fire Department for hydrant locations. 7. The fire suppression water line system shall meet the requirement set forth by the Golden Valley Fire Department and the City of Golden Valley Public Works Department. 8. A post indicator valve is included. 9. Staging of construction trailers and equipment will not obstruct the fire department access road. 10. Use of temporary heat or liquid petroleum gas during construction will be after acquiring a permit from tpe Golden Valley Fire Department and will be in accordance with the MN State Fire Code. 11. Construction will be in accordance with the 2006 MN State Fire Code and Amendments. 12. A 3' clear zone will surround all fire department connections and hydrants. 13. Guard posts will be provided for hydrants subject to impact by motor vehicles. City of St. Louis Park 1. The City of St. Louis Park has approved the hydrology calculations and plans, contingent on BCWMC. A copy of their approval is enclosed. Bassett Creek Watershed Management Council These are preliminary comments based on an informal review. The final plans will require a formal review. Enclosed is a copy of James Herbert's comments for the watershed. Also enclosed are the DRAFT filtration basin requirements mentioned in his letter. 1. The filtration basins are designed to treat the I-inch runoff from a rain event over the impervious surface. The remainder of the water bypasses the filtration basins. See the Hydrology Calculations dated 09/26/07 for more information. 2. The depth of the prepared soil has been revised to 30-inches. 3. Pretreatment is now shown on the plan. A combination of street sweeping and aggregate filter systems will be used. 4. Filtered water will not be infiltrated into the ground. 5. The proposed improvements meet the requirements of the BCWMC non- degradation policy. See the Hydrology Calculations dated 09/26/07 for more information. 6. Grading, drainage, and erosions control plans, as well as comps and application form and fee will be prepared and submitted to the BCWMC. 7. The City of Golden Valley staff has been contacted. , ' planning> engineering> surveying . '" Westwood . . September 26, 2007 Page 3 Enclosed with this letter are the Final Plans, the Final Plat, the Storm Water Pollution Prevention Plan, and the Hydrology Calculations. Please accept these plans and calculations for final plan and plat approval. Please contact me if you have any questions. Sincerely, WESTWOOD PROFESSIONAL SERVICES 0~ I< ~~-~... ----- William R. Huston, PE Project Engineer planning> engineering> surveying . . . Memorandum Public Works 763.593.8030 I 763.593.3988 (fax) I', ': Date: October 12, 2007 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Subject: Westwood Lake Office Park Planned Unit Development Amendment Public Works staff has reviewed the plans for the proposed Planned Unit Development (PUD) Amendment for the Westwood Lake Office Park. This proposed PUD amendment is located on the south side of Int~rstate 394, east of General Mills Boulevard and east of Wisconsin Avenue. The proposed PUD amendment consists of subdividing a new lot on the eastern end of the site for the construction of a new office building. The plan also includes the modification and expansion of the existing parking lot to accommodate the new building. Preliminary Plat and Site Plan: The easements shown on the draft final plat submitted for review are consistent with City Code requirements. The site plan includes the installation of a new driveway onto Wayzata Boulevard. The installation of this driveway will require right-of-way permits from the City of Golden Valley and the Minnesota Department of Transportation (MNDOT). Because this proposed development is adjacent to Interstate 394 it must be submitted to the Minnesota Department of Transportation for review and comment. Utility Plan: The proposed sanitary sewer and water service to the new office building is to be provided by extending new services into the building from existing City mains within Wayzata Boulevard (south frontage road). There is adequate capacity within the existing City sanitary sewer and water systems to accommodate this proposed development. The developer will be required to obtain right-of-way permits for the installation of the sanitary sewer and water services from the City of Golden Valley and MNDOT. C:\Users\lwittman\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLKE8B9\FinaIPlan 101207 (2).doc . . . The installation of sewer and water services will also require sewer and water permits from the City cpf Golden Valley. Construction of these services must be in accordance with City stan~ards. Gradina. Drainaae and Erosion Control: This proposed development is within the Main Stem sub-district of the Bassett Creek Watershed. Therefore, the development must comply with the Bassett Creek Water Management Commission (BCWMC) water quality requirements, contained in the BCWMC Requirements for Improvements and Development Proposals. Approval from the BCWMC must be received prior to the start of any work on site. The proposed development must also comply with the City of Golden Valley's Grading, Drainage and Erosion Control Ordinance. This ordinance requires that the developer obtain a Grading, Drainage and Erosion Control permit from the City. The proposed grading plan incorporates infiltration basins within the parking lot medians for storm water quality treatment and rate control. The infiltration basin design includes an underdrainage system that connects the basins and discharges to the south into the Westwood Lake Nature Area. The developer has provided documentation from the City .,- of St. Louis Park that the discharge is acceptable as proposed. The developer will be required to enter into a Storm Water Treatment Facility Maintenance Agreement for the proposed infiltration basins. This agreement will be drafted by the City and must be signed prior to approval of the final PUD Amendment. This agreement will incorporate the draft maintenance requirements for bio-filtration that are currently being developed by the BGMWC. ',! The Public Works review of the prelimtlJary design plan for this PUD amendment identified.potential issues of building elevations in relation to the Westwood Lake flood elevations. As requested, the developer has provided documentation that the existing buildings on site are above the Base Flood Elevation for the lake. In addition, the proposed building is consistent with the requirements of the City of Golden Valley's Flood Plane Management ordinance. Tree Preservation: The developer will be required to obtain a Tree Preservation Permit from the City for this proposed PUD amendment. The Tree Preservation Plan submitted for review appears to meet the requirements in City Code. 1.,'! C:\Users\Iwittman\AppData\LocaI\Microsoft\ Windows\ Temporary Internet Files\OLKE8B9\FinaIPIan 101207 (2).doc . . . Recommendations: Public Works staff recommends approval of the Westwood Lake Office Park Planned Unit Development Amendment subject to the comments contained in this review, which are summarized as follows: 1) The developer must enter into a Storm Water Treatment Facility Maintenance agreement. 2) The developer must obtain the required City and MNDOT permits as discussed within this review. 3) Subject to the review and comments of the Bassett Creek Water Management Commission. 4) Subject to the review and comment of the Building Official, Fire Department and other City staff. C: Tom Burt, City Manager Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Eric Eckman, Public Works Specialist Mark Kuhnly, Chief of Fire and Inspections Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshal C:\Users\lwittman\AppData\Local\Microsoft\ Windows\Temporary Internet Files\OLKE8B9\FinalPlan 101207 (2).doc . Public ~H~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: Westwood Lake Office Park PUD Final Application Approval Date: October 3,2007 cc: Mark Kuhnly, Chief & Fire & Inspections The Golden Valley Fire Department has reviewed th~ final PUD application for the Westwood Lake Office Park. The current application and documents I received and reviewed indicate that all the fire department's comments and concerns have been addressed by Mr. Houston, Project Engineer from the Westwood Professional Service Inc. . In reviewing the final PUD application and reviewing the utility plan page C-3.0, there is no indication of any installation of fire hydrants for this site. Please provide and submit a plan to install fire hydrants for this site. If you have any questions, please contact me at #763-593-8065 or e-mail at eanderson@cLQolden- valleV.mn.us. . . . . Regular Meeting of the Golden Valley Planning Commission i August 13, 2007 gular meeting of the Planning Cornmtsion was held at the Golden Valley Cjy Hall, Co 'I Chambers, 7800 Golden Valley ...0........ ad, Golden Valley, Minnezo..ta... ,0 .~n,day, Augus 2007. Chair Keysser called th . meeting to order at 7 pm. Those presen re Planning Commissio ,ers Eck, Cera, Keysser, chka, McCarty, Schmidgall and hauser. Also presen' as Director of Plan' and Development Mark Grimes, Plannl . ntern Joe Hogeb ~. m and Administr e Assistant Lisa Wittman. 1. Approval of Minutes ,., July 23, 2007 Joint Plannin" '" yiro . Commission Meeting ..ti.~ Eck referred to th ap struck in erice regarding th d stated the words "per year" should be in population. carried unanimously to approve ce and Recreation Commission M VEO by Eck, seconded b aldhauser' the July 23, 2007 Joint Pia Ing/Environme minutes with the above ed correction. l;j; Waldhauser re rred to the second paragra on page 3 and clan '. that she, not Kluchka sai e following: 'Waldhauser su '~sted adding language ,he ordinance that states tha e grade of a lot can not be rais beyond what is necessa ,r proper draina . ' M ED by Eck, seconded by McCarty and J Iy 23, 2007 Regular Planning Commissio tion carried unanimously to app inutes with the above noted corree ~ ?<,' 2. Informal Public Hearing - PU67 -A2 - Westwood Lake Office Park - Preliminary PUO Plan Applicant: Bigos Management, Inc. Address: 8401, 8421 and 8441Wayzata Blvd. Purpose: To construct a new two-story office building with parking garage below. Grimes referred to a location map and explained that the applicant would like to amend the existing Westwood Lake Office Park PUD to allow for the construction of a new 26,000 square foot, 2 story office building with parking beneath. He referred to a site plan and stated that there have been three office buildings on this property since the 1970s. Minutes of the Golden Valley Planning Commission August 13, 2007 Page 2 . The owners are proposing to create a new lot on the east side of the property for this proposed new building. Grimes stated that the parking requirements for afl office use are 1 parking space for every 250 square feet ofoffice space and that this new proposal meets the requirements. However, the overall site for the existing three buildings is slightly short on the parking space requirements but parking has been adequate and there are many open parking spaces. The three buildings are currently 98% occupied. Grimes referred to the site plan and stated that he is concerned about the setback area of the proposed new parking lot on the south side of the property. He suggested that the applicant remove the four parking spaces shown along the south property line in order to meet that setback requirement. Grimes stated that the applicant will have to submit~ revised copy of their "Amended and Restated Declaration of Parking, Driveway, Utility and Courtyard Easements". He added that there is possibly also a flood plain issue with one of the existing buildings that will have to be resolved before final approval. Keysser asked if there would be any traffic impacts. Grimes said he doesn't think there will be significant traffic impacts as result of this proposal. He added there will be a few more trips but there are also a lot of transit opportunities in that area. , . Keysser asked about the flood plain issue and what could be done about it. Grimes explained that there is a portion of a retaining wall that is located in a flood plain area but the proposed new building is not in a flQod 'plain area. Cera asked about the proposed landscaping on the south and east sides of the property. Grimes referred to the landscape plah'ahd ' noted that approximately one dozen trees will be removed but the applicant is planning to'add a number of trees on the site. He also noted that there is a fairly significant screen of trees on the south side of the property near the residential area. Waldhauser referred to Grimes' memo where it states that additional parking could be required if needed and thought it would be better to say that additional parking will be required when needed. Grimes said he would change the wording in his memo. . Richard Hennings, Sand Companies and architect for the project, said they would be comfortable reducing the parking lot by four spaces in order to meet the setback requirement along the south property line adjacent to one of the houses in the adjoining neighborhood. He explained that the overall parking for the existing PUD that includes three buildings is more than adequate although it is slightly under the requirement of one space for each 250 square feet of office space. He said that one reason that the number of parking spaces is more than adequ~te i~ because the square footage of the existing three office buildings has been determined'by measuring the outside dimension of the three buildings. In the case of these thr~e bUildings, the walls are extraordinarily thick due to an unusual building system. Therefor~, the amount of leaseable floor space is significantly less than the outside dimension of the buildings. . . . Minutes of the Golden Valley Planning Commission August 13, 2007 Page 3 Hennings said that a neighborhood meeting was held prior to the Planning Commission meeting to discuss the plans for the new office building. Since the neighborhood meeting was held, the site plans have been revised to move the building farther to the north, remove a ponding area and reduce the number trees removed. Henning believes that these changes are improvements based on comments heard at the neighborhood meeting. He said that the ponding area was removed because they are building infiltration basins (rain gardens) in the parking islands instead of the pond. He referred to the landscaping plans and stated that they will be keeping two good specimens of box elder trees and planting additional trees. Keysser asked if the proposed new bLJilding will be a single tenant office building. Hennings said that the applicant, Bigqs; will occupy approximately 40% of the building and they would seek additional tenants for the rest of the space. Keysser asked if the existing amount of parking has ever been an issue. Hennings said no and that the uses in the building would have to change a lot in order to require additional parking spaces. Cera asked the applicant if they had thought about constructing a LEED Certified building. Hennings said that would be fairly expensive for this small of a building. He added that they are making the building green however they are not going through the formal LEED process. He explained that they are proposing to highly insulate the building, there will be a lot of windows for day lighting, and they are going to use heat pumps and small heating and air conditioning units that will be localized and more efficient. Cera asked if they are proposing to install bicycle racks. Hennings said they could provide bicycle racks inside and outside of the parking garage. Grimes referred to the parking ordinance and stated that bicycle parking 'is, required at a rate of 5% of auto parking. Kluchka asked about sidewalk access. H~nnlngs stated that a sidewalk connection will be made to the existing sidewalk on WaYrata Boulevard. Kluchka asked if there were entry doors on the 'north side of the building. Hennings said no and explained that the main entrance is on the south side of the building but that employees would have an entrance on the north and northwest sides of the building. Waldhauser referred to the landscaping plan and noted that there are large canopy trees along the street frontage but all the trees on the interior of the site are crabapples. Hennings stated that there are some pine, spruce, maple and flowering crab trees on the site and they would be willing to plant more. Keysser opened the public hearing. Ted Glasrud, Owner of 8401-8441 Wayzata Blvd, (Westwood Lake Office Park) stated that when he purchased the property the buildings were 20% occupied and now they are 98% occupied and there is still plenty of parking. He showed a sketch of the wall construction and stated that the "T -walls" r,educe the square footage by approximately ;.0:"(',; Minutes of the Golden Valley Planning Commission August 13, 2007 Page 4 . 5,000 square feet. Grimes asked him to submit a plan showing normal wall construction versus liT-wail" construction before this proposal goes to the City Council. Bryan Mintz, 1030 Wisconsin Avenue South, said, when he bought his house in 1989 he was assured that the existing buildings near his neighborhood would be the closest buildings to him. He said his property is directly south of this proposal so it affects him the most. He said there is currently a nice separation between the Westwood Lake office buildings and his neighborhood and no one would want this proposed building next to their home. He said there are currently no problems with the existing office buildings but the proposed new building is going to impact traffic and it puts an office building right next to his house. It's going to affect their neighborhood no matter the amount of trees they put in. . Jim Hoffman, 1120 Wisconsin Avenue South, said his neighborhood is a little slice of heaven with the nature area in their backyard and he plays baseball with his son in the space between the existing office buildings. He said traffic has increased on the frontage road and in the morning it can take him 5 'to 10 minutes to make a left turn onto the frontage road. He said he is concerned that the .traffic will get worse with the proposed new building. He said that people believe their street will get them around the nature center so they cut through and he is concerned about the safety of the young children in the neighborhood. He said there has also been an increase in foot traffic because a lot of people walk at lunchtime and use their street as a short cut to get to the Holiday station. He said their homes are being squeezed by office space and they've invested money in their homes and want to preserve their investment. He is also concerned about the environmental impact of this building on the nature center. Darol Witte, 1100 Wisconsin Avenue South, said his biggest concern is the traffic and when 1-394 backs-up, the frontage road also backs-up. He said since 1-394 was built he's had water problems and he wants to keep the open space that has always been there. Eck said he was confused about Mr. Mintz saying that he was assured that the existing buildings would always be the closest buildings to his property. He asked if the property had been zoned differently in the past. Grimes said the zoning has not changed. The Westwood Lake Office Park became a PUD in the 1990s, prior to that it was zoned Business and Professional Offices. He stated that the Business and Professional Office zoning district does require a significant setback area from residential properties and that is why he is suggesting that the applic~nt remove four of the proposed parking spaces along the south property line. He added thafstaffbelieves that the water situation in the area will be better as a result of the proposed new office building. . Ryan Gideon, Westwood Professional Services, Engineer for the project, explained that some of the water on the site flows to the west and some flows to the south toward Westwood Lake. Eck asked if the all the setback requirements were met if there would be any zoning issues. Grimes said that if all the setback requirements were met there would be no zoning issues. He stated that the property is designated on the General Land Use Plan as Minutes of the Golden Valley Planning Commission August 13, 2007 Page 5 . office and it is zoned Business and Professional Offices. He stated that if there is going to be a commercial use next to residential it is probably preferable to have office instead of retail. Kluchka said the way the proposed bu'ilding is positioned on the lot isn't addressing the rest of the community, it's turning its back on the street, it's not consistent with the buildings adjacent to it, it looks like an apartment building and faces the parking lot. He said more permeable land than necessary is being used and suggested that the applicant build on pavement that is already on the site. He said he'd like to see other options and suggested getting rid of the entire proposed parking lot on the.south side because with the underground parking they may not need it. Grimes said the Planning Commission could recommend that the applicant get rid of the proposed parking lot on the south side and require that area to be proof-of-parking, but the applicants are meeting the requirements of the zoning code and the setback requirements with the proposed plan. . Keysser asked the applicants how much parking they would be willing to eliminate. Hennings said they'd be willing to remove a few parking spaces, but they need approximately 90 parking spaces. If they had fewer than 90 it would be difficult to lease the space. He stated that he has been working on modifications to the north elevation but he doesn't think an entrance on the northi~ide ofthe building would get used. He said there are also security issues with having multiple entrances and an entrance on the north side would not be accessible because of the 'elevation of the property requires the elevator to be on the south side of the building. Kluchka said there could be a change in the use of the building in the future ancf allowing people to enter from the north would be more inviting. " , . Bryan Mintz, 1030 Wisconsin Avenue South, said that the proposed building is attractive and that no one would see the back side (north) of the building. It is not the building that is the issue, it's that no one in the neighborhood wants the building at all. Waldhauser said she thinks that if the applicant reduces the number of parking spaces on the south side of the property it would allow them to plant some large trees which would help screen the building from the residential area. Keysser suggested adding a condition of approve that the applicant work with Mark Grimes to evaluate their parking needs. Grimes suggested maybe reducing the parking by 10% would help. Bryan Mintz, 1030 Wisconsin Avenue South, said that from his house he won't be able to see the proposed new building at all so adding more trees won't help anything. He said his concern is the impact to the neighborhood and that the drive into the neighborhood is going to be impacted. . Eck said he understands the neighbors concerns but he doesn't think they can deny the owner the rightful use of his property. He doesn't think the City has a legal basis to say they can not put a building in the propt>sed locatibn because the neighbors don't want a building there. . . . Minutes of the Golden Valley Planning Commission August 13, 2007 Page 6 Schmidgall said he is troubled by the impact to the neighborhood and said this is similar to the infill issues the Planning Commission has been seeing. He said he would like the applicant to explore the option of moving the proposed building further to the west toward the existing buildings to condense the use of the ~ite. Keysser asked the applicant how much leeway they have to move the building to the west. Hennings said they are creating a new property line between the two lots and selling the new eastern lot. Keysser asked if there are ways to make less impact. Hennings said beyond additional green space and screening he doesn't know of any other ways to make less of an impact tcj)-the residential area. Waldhauser asked if this property would meet the height standards in the 1-394 Corridor study. Grimes said it would meet the standards. Grimes said that he has never received a complaint about this property and he doesn't think it's had a negative impact on the area. He said there are several areas in Golden Valley where there are offices next to residential areas. ( McCarty said the issue is not that the building will have a visual impact to the neighborhood it's just that the neighborhood doesn't want it, so more screening won't help. He added that taking out some of the parking isn't going to reduce the number of tenants, people will just park in a different location. Keysser suggested adding conditions of approval regarding the re-examination of the amount of parking, re-examination of the north fa~ade and enhancing the landscape screening along Wisconsin Avenue and the frontage road. '. McCarty said he thinks the applicant has done a good job trying to meet the parking requirements and he doesn't think re-fi}~amining the parking is necessary. , r :.1-. MOVED by Waldhauser, seconded by Eck and motion carried 5 to 2 to recommend approval of the request for PUD amendment #2 Westwood Lake Office Park PUD #67 with the following conditions. Kluchka and Schmidgall voted no. 1. The plans prepared by Westwood Professional Services become a part of this approval. (Plan Sheets C-1.0, C-2.0, C-3.0, C-4.0, C-5.0, A-0.1, A-O.2, L-1.0, and A- 2.0) . 2. The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes dated August 6, 2007 shall become a part of this approval. 3. The recommendations in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes and dated July 24, 2007 shall become a part of this approval. 4. A revised "Amended and Restated Declaration of Parking, Driveway, Utility and Courtyard Easements" shall be submitted to the City with the Final Plan application Minutes of the Golden Valley Planning Commission August 13, 2007 Page 7 . for the PUD. This revision shall include language about how the new 26,000 sq. ft. office building operates within the entire Westwood Lake Office Park. 5. The parking lot at the southeast corner of the property on Lot 4 (south of the new 26,000 sq. ft. office building) shall meet the setback requirements for the Business and Professional Offices zoning district. (The site plans shall be revised to indicate this change.) If additional parking is needed after construction of the building, an additional parking deck shall be required to be constructed. The parking plan shall be re-examined by the applicant and Mark Grimes to determine if any of the parking spaces shown in the plans can be eliminated. 6. A new final plat of PUD No. 67 showing four rather than three lots shall be filed by the applicant with Hennepin Count~hwithin 60 days of City Council final plan approval. Proof of filing shall be provided to the City. 7. The applicant shall re-examine the north fagade of the proposed new building to determine if it can be made more inviting and welcoming. 8. The applicant shall enhance the landscape screening along Wisconsin Avenue and the frontage road. . Informal Public Hearing - Zoning de Amendment - Amending the R~ ily Zoning District City of Golden Valley Purpose: Grimes reminded the Planning Co . sion t would bring the R-1 ordinance change'. Commission to hold a public hearing. . Ir last meeting (July 23) he said he e infill study to this meeting fOF-!he . Grimes referred to his memo and st a change to #5 in his memo regarding height limitations. He e ined that . e chao . he's proposing adds language re~a~ding houses that are co cted prior ~o~".'..c. tober 1, ~",' ThiS.. will ensure that eXisting homes do not bec e non-conformln . .. ~ .. 1 ;, Grimes referred to n his memo regarding gr~ 'tte plane and said h . concerned about the grade plane guage as it relates to corne. ts because it would b' ,',' icult to build a 2-story home Ing this method on some lots. chka said he would rathe ep the "grade pia language as proposed in Grimes'; . emo and have applicant ap . . or a varianc need be. Keysser agreed and stated, . at no one ordinance is going to every tuation. Grimes stated that there has be' ..; some concern from residents re rding #2 (grade plane language) becoming ~ity policy rather than an ordinance. He s ted that staff would rather have it be a policy because it allows for flexibility in unique . . . ~ ~ q -/'l/Cll Ciry Ww1cJ <<e.diV; Memorandum Planning 763-593-8095/763-593-8109 (fax) alley Motion to approve the preliminary design plan, Amendment No.2, PUD No. 67, Westwood Lake Office Park, subject to the following conditions: 1. The plans prepared by Westwood Professional Services become a part of this approval. (Plan Sheets C-1.0, C-2.0, C-3.0, C-4.0, C-5.0, A-0.1, A-0.2, L-1.0, and A-2.0) 2. The recommendations in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes dated August 6, 2007 shall become a part of this approval. 3. The recommendations in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes and dated July 24, 2007 shall become a part of this approval. 4. A revised "Amended and Restated Declaration of Parking, Driveway, Utility and Courtyard Easements" shall be submitted to the City with the Final Plan application for the PUD. This revision shall include language about how the new 26,000 square foot office building operates within the entire Westwood Lake Office Park. 5. The parking lot at the southeast corner of th~property on Lot 4 (south of the new 26,000 square foot office building) shall meet the setback requirements for the Business and Professional Offices Zoning District. (The site plans shall be revised to indicate this change.) If additional parking is needed after construction of the building, an additional parking deck shall be required to be constructed. The parking plan shall be re-examined by the applicant and Mark Grimes to determine if any of the parking spaces shown in the plans can be eliminated. 6. A new final plat of PUD No. 67 showing four rather than three lots shall be filed by the applicant with Hennepin County within 60 days of City Council final plan approval. Proof of filing shall be provided to the City. 7. The applicant shall re-examine the north fac;ade of the proposed new building to determine if it can be made more inviting and welcoming. 8. The applicant shall enhance the landscape screening along Wisconsin Avenue and the frontage road. 9. Applicant will provide continuous sidewalk access from front door to Wayzata Boulevard. 10. Show inside and outside bicycle parking on the plan. 11. Final landscape plan will be reviewed by a landscape architect at cost of the applicant. i"',, + . . . Hey Planning 763-593-8095/763-593-8109 (fax) Date: October 17, 2007 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Conditional Use Permit for Morrie's Cadillac Saab Auto Dealership at 7400 Wayzata Blvd., Wagener Properties, LLC, Applicant Morrie's Cadillac Saab (owned by Wagener Properties, LLC) has requested a conditional use permit (CUP) in order to increase the size of the footprint of the dealership building at 7400 Wayzata Blvd. A CUP is required to operate an auto dealership within the Industrial zoning district. Morrie's Cadillac Saab purchased the dealership in 2006. Prior to that date, the dealership was Anderson Cadillac. Anderson Cadillac had operated on the site since the building was constructed in 1966. When Anderson opened the dealership, auto dealers were considered a permitted use within the Industrial zoning district. Since 1966, the zoning code changed and it now requires that auto dealerships must obtain a CUP in order to operate in the Industrial zoning district. Therefore, Morrie's is now considered a non-conforming use because it does not have a CUP. In order to add to the footprint of the building, a CUP must be approved by the City Council. The Morrie's dealership site is about 2.2 acres in size. It is designated on the General Land Use Map for Industrial uses. The City of Golden Valley considers an auto dealership an acceptable use in the areas designated for Industrial uses. Over the past several years, the City has approved several new dealerships within areas designated for Industrial uses. These newer dealerships include Volvo, Porsche and 'Audi. The Morrie's property is zoned Industrial. Within the Industrial zoning district, auto dealerships are permitted with a CUP. The City has been considering changes for the area along 1-394. The City has completed the 1- 394 Corridor Study. This study has resulted in the consideration of changes to the Comprehensive Plan and Zoning Code for properties along the 1-394 corridor. The Planning Commission has already considered some of the changes and passed their recommendation on to the City Council. However, the City Council has not yet taken action on land use changes along the 1-394 corridor. These proposed changes would change the land uses in the area to permit mixed use developments including housing. Since the City Council has not adopted these changes, the Industrial zoning along the corridor remains and the City must consider applications for zoning requests as per the existing Industrial zoning. Description of Proposed Changes to Morrie's Site . . As stated above, Morrie's took over the dealership from Anderson Cadillac in 2006. The dealership was originally constructed on the 2.2 acres for Anderson Cadillac and was opened in 1966. Since that time, there have been numerous changes and improvements made to the site and building. However, the original footprint of the building has remained virtually the same. As long as the building and parking lot did not change in size or use, the dealership could remain even after the zoning code was changed to require a CUP for auto dealerships in the Industrial zoning district. The auto dealership is considered to be non-conforming. When Morrie's took over the dealership in 2006, the Saab car line was added. With this new product, changes were necessary to the building. There have been several changes made that have not included expansion of the footprint. The attached site plans indicate the changes to the floor plan of the building and site. Morrie's now finds it necessary to bring plans to the City for the expansion of the building for the first time since 1966. Therefore, the City is now requiring that Morrie's receive a CUP. The expansion of the Morrie's building is relatively small. In fact, it does not increase the indoor floor space of the building. The expansion is the construction of two canopies over the south customer entrances to the Cadillac and Saab.showrooms. These canopies are designed as per plans approved by General Motors. The can6pies are about 1175 sq. ft. in area (about 800 sq. ft. for the large canopy and 375 sq. ft. for the small canopy). There is an architectural drawing of the front of the Morrie's building attached. Th~ larger canopy is 24 ft. in height and the smaller about /. 21 ft. height.. . The parking lot will remain the same size. However, there will be improvements made to the parking lot including the addition of sidewalks, parking island replacements, and landscaping. There will also be new parking lot lighting that will have to meet the City's lighting standards. Overall, the improvements will make the site better for customers. City Engineer Jeff Oliver, PE, has reviewed the proposal and finds them to be acceptable as per the terms of his memo written to me and dated October 10, 2007 (attached). His review will be made a part of this recommendation. The plans have been reviewed by the Deputy Fire Marshal Ed Anderson. In Mr. Anderson's memo to me dated July 24,2007, Mr. Anderson outlines his concerns about the plan. These concerns have been shared with Morrie's and have been addressed in the submitted plans. His review will be made a part of this recommendation. CUP FINDINGS As part of the evaluation of a CUP application, the Planning Commission must make findings on ten factors as outlined in Section 11.80. The staff recommends the following comments on each of the factors: 1. Demonstrated Need of Proposed Use: Since 1966, there has been a car dealership at this location. This ongoing use of the property for a dealership is an indication that there is a need for the dealership to serve the needs of existing and new customers for car purchase and repair. . 2 , . . . 2. Consistency with the Comprehensive Plan of the City: A car dealership is consistent with the industrial guiding of this property. Each of the existing new car dealerships in Golden Valley is located on property guided of industrial uses. 3. Effect on Property Values in the Area: The staff does not believe there will be a significant effect on the value of adjoining property values as a result of the issuance of a CUP or the proposed new construction. A car dealership has been in this location since 1966. 4. Effect on Any Anticipated Traffic Generation upon Current Traffic Flow and Congestion in the Area: The issuance of a CUP for the Morrie's car dealership will not increase traffic generation or have a negative impact on existing traffic movements in the area. Traffic generation and flow will remain as it has for the past several years due to the fact that the dealership is remaining the same size. 5. Increase in Noise level in the Area: The proposed CUP and canopy expansion will not increase noise levels beyond the existing noise levels in the area. With the existence of 1- 394 directly south of this dealership, there is a significant amount of road noise during most hours of the day. 6. Effect on Increase in Population: The proposed use will not increase population in the areas because it is a business use and does not increase the number of housing units in the City. The number of employees at the dealership will remain about the same. 7. Any Odor, Dust, Smoke, Gas or Vibration Caused by the Use: There has been a car dealership at this location since 1966. It is not anticipated that the addition of the two canopies or changes to the parking lot would cause any additional odor, dust, smoke, gas or vibration in the area. 8. Any Increase in Flies or other Vermin: No increase is anticipated. 9. Visual Appearance of any Proposed Structure or Use: The car dealership will be improved with the addition of the canopies and improvements to the parking lot. Also, there will be new site lighting that will meet the requirements of the lighting ordinance. The lighting levels allowed in the ordinance are less than have previously been observed on other car dealership lots that pre-da.te the new lighting ordinance. 10.Any other Issues that may have anlmpact on the Health, Safety and Welfare of the General Public: No other impacts_have been identified by staff. i ,I Recommendation Staff recommends approval of the CUP to allow Morrie's Cadillac Saab to increase the size of their dealership building by adding two canopy areas as shown on the attached site plans. The CUP will eliminate the status of the property as a nonconforming use by issuing a CUP for the operation of a full service car dealership. The original Anderson Cadillac dealership was constructed at this location in 1966 prior to the equipment that auto dealerships require a CUP. Staff recommends the following conditions for approval of the CUP: 1. The site plan prepared by Steven Fichtel Architects and dated 10/8/07 (Sheet A-1) shall become a part of this approval. 2. The canopies shall be constructed in a manner consistent with the plans prepared by Steven Fichtel Architects and dated 4/30/07 (Sheet A-3). 3. All lighting of the site shall meet the requirements of the City's lighting ordinance (Section 11.73 of the Zoning Code). 4. The memo from Ed Anderson, Deputy Fire Marshal to Mark Grimes, dated July 24, 2007 shall become a part of this approval: All requirements of this memo must be incorporated into the final plans for the Morrie's improvements. 3 5. The memo from City Engineer Jeff Oliver, PE, to Mark Grimes, dated October 10, 2007, shall become a part of this approval. All requirements of this memo must be incorporated into the final plans for the Morrie's improvements. 6. All applicable City, State and Federal requirements shall be met in the operation of this auto dealership. 7. Failure to comply with any of the terms of this permit shall be grounds for revocation. Attachments Location Map Plan set for Morrie's development including site plan, survey, lighting plan, building plans Applicant's narrative Memo from Ed Anderson, Deputy Fire Marshal dated 7/24/07 Memo from City Engineer Jeff Oliver, PE, dated 10/10.07 4 , . . . 1II. ~ .at III <I(( i::J ... 13TH LN W ilTlJi ~i., m ......_ ;~ , wit394 " :ii' .... 1394 TO 1.0lJISfANA A VC s 1.001SlAl'lA A'/E: $"t0 .. 9 INTERSTATE 394 mE. INTERSTATE 3M STOEB 1394 -o~WA VZATA BLVtJ-t.~!l,TOI.Ol.11$IA.NA*AW$ A,-.~I.-()OlSlA~A"\.m , .., S! "b~'" i1I ~,. m III ;$o$t,<1-" I ~ ~ < <I(( ~ i i po If> g ~ III . Cl) MapC~,",,":i:'"lk{;tMS,-, ~'1tt.~Cl-LOQiSGtS~ 1) 11l1.ift . . alley Memorandum Public Works 763.593.8030 /763.593.3988 (fax) Date: October 10, 2007 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City En9ineerz:t;!5 Subject: Morrie's Cadillac Saab Conditional Use Permit Public Works staff has reviewed the proposed Conditional Use Permit for Morrie's Cadillac Saab, located at the intersection north of Interstate 394 Frontage Road (Wayzata Boulevard) and Pennsylvania Avenue. The proposed plans include the addition of new entries into the building, minor parking lot modifications and the installation of storm sewer to facilitate drainage on site. . The proposed CUP is within the Sweeney Lake subwatershed of Bassett Creek. Based upon the Bassett Creek Water Management Commission's (BCWMC) Requirements for Improvements and Development Proposals, the proposed project will be required to implement storm water and erosion control best management practices. The developer must complete an application and submit the plans to the BCWMC for review and comment. The proposed site work will require a City of Golden Valley Grading, Drainage and Erosion Control Permit. The storm sewer construction will require a Right-of-Way permit and a Storm Sewer permit. Public Works staff recommends approval of the proposed Morrie's Cadillac Saab Conditional Use Permit based upon the comments contained in this review. C: Jeannine Clancy, Director of Public Works AI Lundstrom, Environmental Coordinator Eric Eckman, Public Works Specialist Mark Kuhnly, Chief of Fire and Inspections Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshal . G:\Developments - Private\Morrie's Cadillac\CUP Review 101007.doc . 1 Public ~J1~y " G~tr~~ . Me rand Fire Department 763-593-8055 I 763-512-2497 (fax) To: Mark Grimes, Director of Planning & Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit for 7400 Wayzata Blvd. Morrie's Cadillac Saab Date: 07/24/07 The Golden Valley Fire Department has reviewed the application for the conditional use permit for the Morrie's Cadillac Saab dealership located at 7400 Wayzata Blvd. This review will focus on the following concerns for the Golden Valley Fire Department: Fire Department Access . 1. The current fire department access road located south of the existing roadway shall be maintained in accordance with the MN State Fire Code. 2. The current "No Parking Fire Lane" signs and stationary posts that are on site do not meet the City of Golden Valley city ordinance. Re-install the "No Parking Fire Lane" signs and stationary posts in accordance with the City of Golden Valley city ordinance. 3. The fire department apparatus road shall have a 45' inside turning radius and it shall not be obstructed in any manner, including parking of vehicles. 4. The fire department access road shall have a minimum unobstructed width of 26' in the immediate vicinities of any building or portions of buildings more than 30' in height. Construction 1. Landscaping materials or objects shall not be placed or kept near fire hydrants. A 3' clearance space shall be maintained around the circumference of the fire hydrants. If you have any questions, please contact me at 763-593-8065. . . . . Steven Fichtel Architect 275 MARKET STREET SUITE 544 MINNEAPOLIS, MINNESOTA 55405 612.333.9955 Date: 7/06/07 Morries Cadillac Saab 7400 Wayzata Blvd Golden Valley, MN Conditional Use Permit WRITTEN NARRATIVE This proposed project involves alterations to an existing automobile dealership. The applicant requests city approval of the proposed work in order to comply.with a nationwide Dealer Network- Facility Image- Retail Environment Program developed by General Motors Corporation. The new canopies located at the south and southwest doors of the sales showroom add architectural interest, identify entrances and provide shelter. The natural stone panels, cornice, and glass elements will provide an attractive, up to date, modern image. Proposed new signage will identify Cadillac brand product available at this location. The "curved" driveway design will calm traffic. Vehicle display pads south of the building are in close proximity to the indoor showrooms. New sidewalk will accommodate pedestrians. Proposed grade changes will allow ADA compliant access to the building and reduce the number of stair steps required at the south entry . Additional parking spaces at the west parking lot will provide sales customer parking for the Cadillac (west) showroom. New outdoor lighting will update the facility image and increase security. . <. . Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: October 16, 2007 To: Planning Commission From: Joe Hogeboom, Planning Intern Subject: Informal Public Hearing on Conditional Use Permit (CUP-120) to Allow for a Hair Salon at 1405 North Lilac Drive - DeVonne Reinhardt-Brock (President, Artistic Urges, LLC), Applicant Background Ms. DeVonne Reinhardt-Brock, president of Artistic Urges, LLC, has requested a Conditional Use Permit (CUP) in order to allow a hair salon at 1405 North Lilac Drive. The property is located in the Business and Professional Office Zoning District. Section 11.45, Subdivision 7(B)(5) allows limited retail services to be located within a professional office building in the Business and Professional Office Zoning District as a Conditional Use. Staff has determined that the proposed hair salon qualifies as a limited retail service. Artistic Urges is a small, independently-owned, hair and skin care company. The company was started over sixteen (16) years ago, and moved to the intersection of Golden Valley Road and North Lilac Drive Oust north of its proposed new location) in 1996. Artistic Urges employs two (2) people, and builds business through customer referral. The company does not advertise or use standard retail signage. However, although Artistic urges is currently not in operation, they have a small sign (consistent in font arid size with other signage at 1405 North Lilac Drive) in front of the building. Artistic Urges sells a limited amount of hair care products to its clients. , ; \ Proposed Use In addition to being located in the Business ~ndProfessional Office Zoning District, 1405 North Lilac Drive is guided for Office Use in the Comprehensive Plan. The building was constructed in 1986 and is currently owned by FTK Properties, Inc. (who has given its consent to the Conditional Use Permit process.) The Zoning Code requires one parking space for five clients and one parking space for each staff member. Ms. Reinhardt-Brock estimates that there will be approximately 8-12 clients visiting the salon per day. Including the two (2) employees, Artistic Urges will need approximately five (5) parking spaces, which are available onsite. . 14Q5 North Lilac Drive is located between a Single Family (R-1) Zoning District and Minnesota Trunk Highway 100. In 1986, the property was rezoned to Business and Professional Office. At that time a covenant was implemented between Derrhall Investors, Inc. (the former owners of 1405 North Lilac Drive) and nine (9) adjacent property owners. The covenant, which was written to run with the land, stated that 1245-1411 Lilac Drive North was to be used exclusively for office purposes. Upon staff review of the applicant's initial submittal of the Conditional Use Permit Application, a copy of the Covenant Agreement was found in the official property file. Staff cancelled the application process until the matter involving the covenant could be resolved. FTK Properties, Inc. has amended the covenant to allow Artistic Urges LLC to operate a hair salon at 1405 North Lilac Drive, and provided a copy of the Amended Declaration of Covenants and Restrictions to the City (attached.) The covenant was amended as per the amendment procedures documented in the Covenant Agreement. North Lilac Drive provides direct access to the proposed salon. Access to North Lilac Drive is provided by both Golden Valley Road and Duluth Street, both located to the north of the site. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: . 4. 1. Demonstrated Need of the Use: Th~ City requires that an applicant identify a market for the proposed good or service neces~Jtating a CUP. Artistic Urges, LLC has demonstrated . this by providing letters from clientele supporting the business. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as long-term office use. Limited retail services are permitted in the Business and Professional Office Zoning District through a Conditional Use Permit. . 3. Effect on Property Values in the Area: Staff does not believe the approval of this permit will negatively affect property values in the area. The site serves as a buffering area between a single family residential neighborhood and the freeway. 4. Effect of Use on Traffic in the Area: Generally, eight (8) to twelve (12) clients will visit the proposed salon per day. This amount of vehicles does not significantly impact traffic. 5. Effect of Increases in Density or Population on the Area: The proposed use will not increase the population of the area. Since this use is non-residential, only the daytime population of Golden Valley would be effected (minimally, at most.) Also, the salon is relocated from another area of Golden Valley, affectively having no net affect on the city- wide population. 6. Increase in Noise Created by Uset,Noise impacts created by this proposed facility should not extend beyond the site.'.. . 7. Any Dust, Odor or Vibration caused by Use: No such problems are expected to be caused by this proposal. Additionally, Artistic Urges is a chemical-free hair salon. . . . 8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not contribute to the existence of pests in anyway. 9. Visual Appearance of the Use: The exterior of the building will not be affected (other than signage) with the proposed use. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the proposed use. Recommended Action: :.' Staff recommends approval of the Conditional Use Permit allowing Artistic Urges, LLC Hair Salon to operate in 1405 North Lilac Drive. The approval of a Conditional Use Permit is subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. 2. The number of clients visiting the salon in anyone day is limited to twelve (12). 3. Operations must remain chemical-free, as stated in the Application for Conditional Use Permit. 4. The hours of normal operation shall be as follows: Monday - Thursday Friday Saturday - Sunday 10 am - 8 pm 10 am - 5 pm 9 am - 3pm 5. All aspects of Artistic Urges, LLC (signage, windows, ventilation system, etc.) must face east (toward North Lilac Drive). '-".0"0: ' 6. All improvements to the building must meet the City's Building Code requirements. 7. All necessary approvals must be obtained by the Minnesota Board of Barber and Cosmetologist Examiners before business shall commence. 8. All other applicable local, state and federal requirements shall be met at all times. Attachments: Location Map (1 page) Email from Deputy Fire Marshal Ed Anderson, dated October 10,2007 (1 page) Amended Declaration of Covenants and Restrictions (13 pages) Applicant's Narrative (1 page) Applicant's Sketch of the Interior (1 page) Pictures of 1405 North Lilac Drive (4 pages) Client Letters in Support of Artistic Urges, LLC (14 pages) Site Plans (2 oversized pages) .L~:irtj:: =:J 9 -- l!L~/n~a~t.ond : Du/~d' · . : J)VLfHi"l : ) {j3. ..!-:: ." . V" _ ~'. J ~-J-lb ~...... ~ ;<<4_' ~ '-~;~ ~ IlIi:\ I Err T' . /)t~ ~~~. ~~---....-.t. .', ~ 1_ ,a<_ J l~I:.)Ii I W, g 8 f . ~" ..... -, " ......, , 7' I -l ~ (~Al.EST~= '11405 N. Lilac Drive #114 j / : ~-' - ~- - ~il ~ I I if-~.~i = rnD1l1J ;I~ ,,~~if12 ~ : 4 I ~~ ; ~ - ~~! I. ~~. \\=1 ;i~'~>-=j ~ '~,\ \)6 D rpl .. T ~ ~'~.:~=_ :_~SPlUMYl!u.EVJtD\~ \~\--" )'-, I' ~/ ~' ....0..." ,~ r'7;t \ Tt\'TI; : ~" I ! ~ :'~UNDSAYST\-;T":" ~~-- I I : I : : :~r- ~ ; ; I"~~- ..... '-TfIOTLANDRO!- ,- ,L., . ;;Fl , :nT,:,'-~ q=q}.......sw YO ---:J;' .:tI1 --ij I -fK:>i -,~ r~ ~i~,~"~ -~tO ~~~~~ ~~L,L,o,=J l'~'~ N", __~ . Wittman, Lisa From: Anderson, Ed .. Wednesday, October 10, 20077:10 PM i!!': Wittman, Lisa Subject: Conditional use permit for #120 Lisa, in response to the request for the conditional permit #120 for the Artistic Urges located at 1405 Lilac drive suite 114. The applicant shall meet all the state and local fire codes for the remodeling of the space and the required plans and permit should be submitted to the Golden Valley Fire Department. Ed Anderson Deputy Fire Marshal Golden Valley Fire Department 7800 Golden Valley Road Golden Valley, MN. 55427 Phone:763-593-8065 Fax: 763-593-8098 Dispatch:952-924-2618 !3anders~ci.golden-valley.mIIJ,'-S . . 10/16/2007 1111111111111111 ~ II . Doc No 9051780 10/12/200710:24 AM "- Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 348554 . I Deputy 5 Fees $35.50 DOC $10.50 SUR $20.00 CCD $66.00 Total STATE OF MINNESOTA, COUNTY OF HENNEPIN Certified to be a true and correct copy of the original on file and of record in my office OCT 1 2 2007 MICHAELH. CUNNIFF, COUNTY RECORDER By fJ7~ , '- Deputy '. . . ,AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS, made as of this _ day of October, 2007 by FTK Properties, Inc., a Minnesota corporation; hereinafter referred to as ''Declarant.'' WHEREAS; the Declarant is the f~ owner of the real property legally descnbed on the attached Exhibit A, with an address of 124:?-1411 Lilac Drive North, Golden Valley, Minnesota (the "Servient - Estate"); and: . WHEREAS, a prior owner of the Servient Estate caused a Declaration of Covenants and Restrictions dated as of March 14, 1986 to be recorded with the Hennepin County Recorder on March 25, 1986 as Document No. 5092409 (the ''Declaration''); and WHEREAS, the Declaration identifies the owners of certain properties smrounding the Servient Estate on the attached Exhibit B and defines such properties as the ''Dominant Estate;" and WHEREAS, the Declaration provides that the covenants in the Declaration may be changed in whole or in part by the recording of an instrument executed by the fee owners of five of the nine parcels which constitute the Dominant Estate; and WHEREAS, the Declarant wishes to change the Declaration to proVide that the Servient Estate may be occupied in part by a salon known as "Artistic Urges Consultants" and that such use shall be a permitted exception to the use restrictions in the Declaration; and WHEREAS, the Declarant has obtained the written consent of five or more of the owners of the nine parcels which constitute the Dominant Estate and such written consent is attached hereto as Exhibit C; and . .", ' _" WHEREAS, the Declarant wishes to memorialize the change to the Declaration by this instrument. NOW, THEREFORE, the Declarant hereby declares that the Second sentence of paragraph 1 of the Declaration is hereby amended to read as follows: 1. Restricted Use and hn-provement Such building shall be used exclusively for office purposes, and no rnanllfacturing, warehouse storage or use for hotel or transient occupancy shall be permitted; provided, however, that the Servient Estate may be used for the construction of single :family residential structures; and provided further, that a salon lmown as "Artiso4" c UrgeD:msul1anls" may occop. y part o. f the office space in the Servient Estate aod that such use shall be a p "tted exception In the use reslrictions in this DeclmatiOl'- IN WITNESS OF, the Declarant has executed this Amended Declaration as of the date first written above. \\c~ \( , fAtJ '. . . FTK PROPERTIES, INC., a Minnesota corporation By~- DemUs Walsh, Its President STAlE OF MINNESOTA ) ) COUN1Y OF HENNEPIN ) " TERESE M HAGSfROM ; NOTARY PUBlIC l STATE OF MINNESOTA r MVCOMM. 8:? 1-31-2011 ( ,; -~h'" " ~". ~s The foregoing instrument was acknowledged before me this _ day of October, 2007, by Dennis Walsh, the President ofFTK Properties., Inc., a Minnesota cOlpOration, on behalf of the corporation. ~~4::k Notary Public ~ This Instrument Drafted By: Lapp, Libra, Thomson, Stoebner & Pusch, Chartered (RVM) 120 South Sixth Street, Suite 2500 Minneapolis,:MN 55402 (612) 338-5815 lERESE M HAGSTROM NOf/ltRf PUBLIC STATE OF MINNESOTA M'/COMM. EXP. 1-31-2011 2 . U.L~.:J I (";J"to..:J WAL~H ~A~INCH~,INC. PAGE 03 Exhibit A Parce]. A: All that part ot Section Twenty-eight (28), Townsl11p One Hundred E.i&hteen (118), Range Twenty-one (21', acaordins to United States Government Survey thereof, deScr1.bed ii.~ tollows: Commenoing at a point in toe Ea:st line of Government Lot Four on t in lla1d:Sect1cn Twenty-eight (28). One Hundred Forty-four and Four TenthS <'144.11). teet. North .trom the Southeast corner thereof;,thenoe. West parallel w1th tbe South 11ne thereof Tbree Hundred O~e and 65/100ths(301.65) feet; th.nce ~ortbat right angles One Hundred Fcrty.-Four and four tenths (144.4) feet; thence East at right angle15 T.bree Hundred One and 65/100ths (301.65) feet to the East line f)t said Government Lot Four .(4); thencs South to bes:Lnning. Parcel. B: . That part of'Lot 4. Secti.on .28. Township 118 Janse 21, .bounded and describep. as tollows ~o-wit:, Commencing at the SGutheast corner of' Lot W, $aiel Section ,8i"thence West..on the Sou.t~ liile of said Lot 4, :301.65 feet; thence North parallel with tbe ~t line ot said Lot 14, c 1JJ4.~ feet; thence East parallel with the Soutb line of said Lot 4, 301.65 feet to the East line of sa.id Lot; tbence South 1J14.4 teet to the point ot beg~nning. Parcel C: Tha t part of Government Lot ij J Stlotiol'l 28, Township 118 t Range 21 d.esoribed _ 8S tollows: hginn1.ng at a pc1nt in the But line of 8aid t.ot ~ t t1i,etant .433.2 feet North ot Southeast corne%' of said lot: thence Nortb along East l.1ne of sai~ Lot 14 a d1stance o.f 78.00 teetj thence West para.l~eJ. witb South line of said Lot 4, a d1Btance or 163.00 teet; thence South parallel w1th East line of scdd Lot 11: a di.stanoe of 18.00 feet; thence East parallel with Sbuth l~ne of said Lot .4, a distance of 163.00 teet to point of beginning. ilax-cel 1>: ~ All that part of Governme~t Lot; 4, Section 28, Township 11a North, Range 21 West 'or the 5th Principal MeriC1ian, descr1bed as r61lovs, to-wit: Commencing at.. a pointoD the East line Qt said Lot 4, d:i.stant .288.8 teet North from tb~ Southeast corDer of said Lot 4j tb~Dce North along said East line of aaid Lot JS, 144.~ .feet; thence West parallel to the Sout.h l.ine of . . sa~d Lot ~, 301.65 feet; thence South parallel ~o tbe East 1i08 or said Lot .4, 1411'.4 fe~t; thence East. 301.. 65 f"eet to place of besinn1ng. l: I i. l . I I- I i (.&.1.,,.11, VVI .c..CJt.J ( J..L. tJo O.l'::,:!f (':J'W,:l WALSH PARTNERS,INC, PAGE 04 . J ' .' ... EXIUBI'I' B Legal Description of Dominant Estate , ", 'Lots I, 3,: 4,' 5 ~ 6:( 7, 8 and 17, :Block '~1, Hlpp' ~ Addi t.i.on, according ....:.:. 'to the recorded plat thereof, Herihepin,~.co~n'ty, 'Minnesota. ..'- . .'. ;.~..: ., .~.., .. . #'. ~.< ,The West 64.7 feet of the East 30"1. 65 f~et .o'f that part of '. Government Lot 4 lying North of the South. 433.2 feet thereof .'. ,. and Sot;lth of'19th ~venue North I S!3ctio~ 2J3,. ,:'I'ownship 118, Range 21, HennepJ.n County, MJ.nneso:f=,a. '. .... ",..:,.. =~ ..; '. . No delillqilsnt ta~es and transfer entered DEPT. OF PROPE.IlTY TAX & PUBLtC RECORDS HENNEPIN COUNTY MINN. . -....pIC " :t_6S."~''''''~''',':..,}:'i;'~~. ~~;~~_"::-:_'.=--._"":"'~_~.;.~~_~ "'-. P-=, -: ..,~-:.::~.: .J:~.'_-.. '''~'':..:~~''d '_. .I_,,~f__.._ . ".:' _.'.. J:. -..~~... ."':-..... ... ~...~_.. ._.t...., -.c"-,....~-,.-~ , , .~-- --- .-. -,....- M .._,,_~"_- -. ;~. :'.~":;:.q.:!::~,:,:.,,!~~,-~~'~~;~~:..J-.t~.~:I..~J.6:~~~..~J.~;;'.,: . , 5092409 DEC CONVENANTS AND RESTRICTIONS --... DECLAfttTION ~F COVENANTS AND RESTRICTIONS, made as of this ~ day of t>l r- <:::.-' , 1986 by Derrhall Investors, Inc., a Minnesota corporation, hereina:Eter re:Eerred to as "Declarant". WHEREAS, the Declarant is the fee. owner of the real property legally described on the attached Exhibit A, ~ith an address of 1245-~411 Lilac Drive North, GoldenVallev, Minnesota (the "Servient Estate") i and . - - WHEREAS, the Declar.ant' wishes to construct cer'tain improvements upon the Servient Estate (the II Improvement's") which are further described hereipi and WHEREAS, the Declarant has agreed, at the request of the owners of those properties surrounding the Servient Estate which are legally described on the attached Exhibit B (the "Dominant Estate"), to impose certain restrictions on the use of the Servient Estate in consideration of the consent by such .owners to the use of the Servient Estate for office purposesi . NOW, THE'REFORE, the Decl~rant hereby declares that the Servient Estate shall be held, sold and conveyed subject to the following covenants, and restrictions, which shall run with the Servient Estate and be binding upon all parties having any right, title or interest in the Servient Estate or any part thereof, and their successors and assigns: 1. Restricted Use and Improvement No building or structure maybe constructed upon the Servient Estate other than the following (the "Improvements"): a one or one and one-half story office building not more than twenty-five feet higher than the existing.grade, to contain no more than 34,000 square feet, with no less .than 23,000 square feet of improved space to be. iocated . onthe-"fir.st or ground floor, and to be built in conformity to and in accordance with those certain building site, elevation and drainage plans filed as of the date hereof with the City Engineer for the city of Golden Valley, Minnesota, which plans are incorporated herein by reference. Such building shall be used exclusively for office purposes, and no manufacturing, warehouse storage or use for hotel or transient occupancy shall be permittedi provided, however, that the Servient Estate may be used for the construction of single family residential structures. 2. Remedies, Enforcement . This Declaration is for the benefit of the owners of the Dominant Estate and their heirs, successors and assigns. Anyone __..-....-=~~_~.~~:t.o-:.:...;;;,o..',.- __. _ . .~..:~.~~.~~':1.~~.,~-:..-<,:..~.::..~:o.'~="=,-=,-~~~~':"~"::':'~.;,,z:.:..~ _l_..~_,._~=-~"".""~'~~:"'~~'..w:...~~-.-:..~...;.' .~.' <. ~ .; or more of such owners shall have the right to enforce, by any procee'dingin law or equity, all of the terms and conditions of this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any provision of this Declaration either to restrain violation or recover damages. 3. Amendment These covenants shall run with the land and are binding on all parties and persons for a~period of thirty years from the date hereof, after which tim~ these covenants shall automatically be extended for successive'per'iods of ten years unless an instrument executed by the fee owners of five of the nine parcels which constitute the Dominant Estate has been recorded which changes these covenants in whole or in part. as IN WITNESS NHEREOF, the Declarant has executed this Declaration of the date first written ab~ve. DERRHALL INVESTORS, INC., a Dotacorporation , ItS~ STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledgedbefore me this 11'ih d~y o~. rJ7f}t:lfl , 1986, by j(~t;I3f? /J,J)Elffltf( , the YA..1~ . " of Derrhall Investors, Inc., a Minnesota corporation, on behalf of the corporation. ' Notary Public ~ frrv Drafted by: Larkin, Hoffman, DalY & Lindgren, Ltd. 1500 Northwestern Financial Ctr. 7900 Xerxes Av. S. Mpls., MN 55431 ~ . I /?-;:;~ MARY A. EGAN I t~1~ NOTARY PUBLIC. MINNESOTA ' "'~9' HENNEPIN COUNTY My Commission Expires Mar. 31.1986 )(V\IY'IN'~JI( . . .' ..' '- Exhibit A Parcel A: All that part of Section Twenty-eight (28), Township One Hundred Eighteen (118), Range Twepty';;one (21), according to United States Government Survey thereof, described as follows: Commencing at a point in the East line of Government Lot Four (4), in,said Section Twenty-eight (28), One Hundred Forty-four and Four Tenths (144.4) feet North from the Southeast corner thereof; thence West p~ra11e1 with the South line tnereof Three Hundred One and 65/100ths (301.65) feet; thence North at right angles One Hundred Forty-Four and four tenths (144.4) feet; thence East at right angles Three Hundred One and 65/100ths (301.65) feet to the East line of said Government Lot Four (4) j thence South to beginning. Parcel B: That part of Lot 4, Section 28, Town'ship 118 Range 21, bounded and described as follows to-wit:. Commencing at the S04theast corner of Lot 4, said Section 28;'thence West on the South line of said Lot 4, 301.65 feet; thence North parallel with the East line of said Lot 4, 144.4 feet; thence East parallel with the South line of said Lot 4, 301.65 feet to the East line of said Lot; thence South 144.4 feet to the point of beginning. Parcel C: That part of Government Lot 4, Seotion 28, Township 118, Range 21 desoribed as follows: Beginning at a point in the East 11ne of said Lot 4, distant 433.2 feet North of Southeast corner of said lot; thence North along East line of said Lot 4 a distance of 78.00 feet; thence West parallel with South line of said Lot 4, a distance of 163.00 feet; thence South parallel with East line of said Lot 11 a distance of 78.00 feet; thence East parallel with South line of said Lot 4, a distance of 163.00 feet to point of beginning. Parcel D: All that part of Government Lot 4, Section 28, Township 118 North, Range 21 West or the 5th Principal 'Meridian, described as fOllOWS, to-wit: Commencing at:a point on the East .1ine of said Lot 4, distant 288.8 feet North from the Southeast corner of said Lot 4; thence North along said East line of said Lot ~, 144.4 feet; thence West parallel to the South line of . said Lot 4, 301.65 feet; thence South parallel to the East line of said Lot 4, 141r. 4 fe~ t; thence Eas t 30 t. 65 feet to place of beginning. . , .. EXHIBIT B Legal Description of Dominant Estate . , ""Lots 1, 3, 4, 5 I 6, 7, 8 and 17, 'Block '1, Hipp I s Addition, according ::, to the recorded plat thereof, Heririepin~County, Minnesota. \..' ~ The West 64.7 feet of the East Governmen't Lot 4 lying North of and 'South ofl~th Avenue North, Hennepin County, Minnesota. - 301.65 f~et -o"f that part of the South 433.2 feet thereof Sectio~~28, Township 118, Range 21, ", -" i --.~ . . No delinqi!snt taxes and transfer entered OEPT. OF PROPERiY \f:IX & PUBLIC ~ECORDS HENNEP'IN COUNTY MINN. -o/-r:t!1Y . -."'" -j+fT '9 .-:.... .:.-~-_. :-,--....: ~~.;:.:~.~!,.:~:...:;..;is~~~~..~~t~ .'~' .... .::;~~~.:;~..;u.~:.:-:~~~j.., . .- " EXHIBIT B Legal Description of Dominant Estate .,. Lots 1 r 3, 4, 5, 6, 7, 8 and 17 r 'Block '1, Hipp 's Addition, according to the recorded plat thereof, Herinepi~.~ounty, Minnesota. The West 64.7 feet of the East 301. 65 f~e.t6f that part of dovernment Lot 4 lying North of the South 433.2 feet thereof and'South of ~9th Avenue North1 S~ctios~ 28 , Township 118, Range Hennepin County, Minne~qta. - 21, ,...\- ---:;,... . No delinqllsnt taxes and transfer entered OEPT. OF PROPERTY TAX & PUBLIC JitECORDS HENNEPIN COUNTY MINN. , AElor:OR -DJ~ .. M_". -r+ '" -':... ~~-_. ~;-_...~ ~'-:'.~.:~ ~;.j:::":J~;i3~~~:.t.:~'.~~~..;;;.:&~~J.;,~~ .:;~";~...;.~:.~~~';.~:i.. . ;.~;;::.'~:~.~' ::. r l',YJ 50924 Or / / / Ih\f\2S.0G ~~ l\ 0 9 / $ 010.00Qo / ! i 'v"f'+V~.'"''''.'I''''' ",rl'''' 1if...~.....1'40\~~~'!:-1'_1Jl; #.;,;.. - ;." I ! i "l I .' .~ p r:~~: "lr co~.~ ~ \ ;. L' ::: :;.;. r;~ !~i lot...! !'~"i cOt:,,: 1'. M:~~i..:;t;:. Sf ~'i j~ H;j1 i 11 fn .\1;,.'1 OR nL Ct:\Lr!:9 eN 1986Mnn 25 P . , .' H 2.'44 t., ."'"1' 5" (";. .."",.;P'iNi II : 09"2' / I~'~ ,.4. 0' 9' . ~ <l>~ cc 1)- " .' " . ,;., ~ . "l.C<JIU.'\('l:! .. .. .... .,.... ~ w~.. -_........__:.':,r0'~. tw' ..j. 1 :,..... E SEHVICES, INC. r, C t :. ;"r.:r.ua.re our ~~ ~:;t)5 ~3(7- 'Sibley 8t. ?aul,Minnesota 55101 ~/0-.S . ~ , . .0/8/2007 AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS The J)ec1aration of Covenants .and Restrictions dated 3/14/1986 shall be amended as follows o. Artistic Urges Hair Consultants shall be an exception to the restricted use, and shall be allowed to occupy the. building without further consequences. ----~--- FTK Properties, Inc. Owner of 1405 No Lilac Dr. Declarant J. '. a~-~-IK~ 1215 N. Lilac Dr. ---------------------- 1220 Welcome Ave. ---------------------- 1240 Welcome Ave. ----------------------- 1316 Welcome Ave. t~,. ". ~t0 r II i'f ~, '1\ -~{,:-,. ~'~ ,.... . ~\- { ~, ----------------------- 1300 Welcome. Ave. r~ vilt-1l y'W i . -~~~~ 1310 Welcome Ave. ,/" &' :' /D,l J' tJJ,.. ;'1 -.....1'1. ,AI)'.l './ , .' / '.' ' ".,..,,- _::lL~____~:=-..::: ' -11 ~~~- , 5605 Golden Valley Rd. C..,) '. r HTML editor Page 1 ot 1 Artistic Urges Hair Consultant was established in 1991 in Robbinsdale, MN and . relocated to Golden Valley in 1996. Our mission statement is "Artistic Urges is a fashion forward studio that provides exclusive hair and skin care in a stress relieving environment. " We strive to be a quiet, exclusive, personalized studio. We specialize in Hair Cutting and Hair Colour. Artistic Urges will be pursuing a renewal on a massage therapy license in 2008 and will offer a medical massage service technique called Myofacial Release and Deep Tissue massage. Our environment in the studio is chemical free. We do not offer chemical services such as acrylic nails, perms, or chemical relaxers. In spite of that, we have installed a ventilation system that complys with Golden Valley's code. Our services are provided by appointment only. We schedule Haircut appointments on a 45 to 60 minute time line and a Colour service for 1 to 2 1/2 hours. I see approximately 5 to 8 clients per day, 5 days a week. My associate works 3 days a week and sees approximately the same number of clients. We sell Aveda products to support our clients needs. We are in line with Aveda's mission statement which is "Or mission at Aveda is to care for the world we live in, from the products we use to the ways we give back to society. At Aveda, we strive to set an example for environmental leadership and responsibility - not just in the world of beauty, but around the world." The studio has approximately 900 sq feet usable space. Included in that space is our treatment room, an office, a clinic floor with 2 shampoo stations, and a front desk reception area. The building and the space I am leasing are wheel chair accessible with 2 wheel chair . accessible parking spaces directly in front of our studio. The restrooms and supply r room are not directly in my studio. Our clientele consists of mostly adult professionals. Many of our loyal customers are from Golden Valley. They are wonderful people who have respect and a desire to support women in small business. Many of our clients walk into our studio with a Caribou Coffee, use the Bank and the other services available at Byerlys, Sinclair, Super America,Walgreens, etc. I relocated my business into the 1405 N lilac Drive Professional building under the misunderstanding and miscomunications in the early stages of planning and that is how I find my business in this situation. I do believe the professional building is the sort of image I am seeking. I plan to remain unassuming and have no expectation for retail signage. I do not advertise for business. My associate and I have built our entire clientele through the support of our clients and word of mouth. My business has been located in Golden Valley for almost 12 years. Golden Valley is a beautiful city and is safe and easily accessible for our studio. I look forward to obtaining a conditional use permit from the city so I can reopen my studio and get back in business. With the holidays approaching, we are needed by our clients and family's to resume business as soon as permitted. Thank You, DeV onne Reinhardt-Brock president Artistic Urges LLC . http://mailcenter3 .comcast.net/wmltoolbar/notheme.html ~\ f\~.s.S \\o\A...r~ M-~ \n-g '~r". , {)- 5 "SD...-\-,~d '1- ~ 10/12/2007 ~ ~ ~. ., , ~ -:::--- ~ ~ ___ J\ e tI ~g~ .~ Jl~ ~~ 0- ;" ~ r ~) ) ~' ~ 's:- f'> (J ~1 \.- ? "\ ~ C .", ~ ~ LCC.k.X..1 ~ +-\ c J ~L.e.~ . . . . .., ,. ..'3'" ..r 1- . y. ~ ~.bi - ~[ '. ..J .. ~ . . f . . . Page 1 of 1 Hogeboom, Joe From: Janice Pierce Danice.pierce@gmail.com] Sent: Tuesday, October 16, 2007 3:03 PM To: Hogeboom, Joe Cc: Devonne Subject: DeVonne's Salon - Conditional Use Dear Joe, I have been a client of De V onne 's for over 15 years. I am appalled to learn that she was told by the City the day before opening that the location was not zoned for a salon and she would not be allowed to open. I understand that she now is in the position of having to request a Conditional Use Permit and it will be November before the "possible" opening of her salon, if it is granted. In November she will already have lost over 30 days of income. A normal person would expect that the reason cities require building permits is to assure the proposed project meets the building code, the proposed site is ptoperly zoned, and that any other city interests have been met. Again a normal person would conclude that the issuance of a building permit means that everything is in order. The project can begin and upon conclusion, provided all inspections are approved, the property can be occupied and used for the purpose given in the building permit application. De V onne is a professional business woman. She searched for the proper location for her new salon for months and she shared with me and my daughter the conversations she had with the City before she made a final decision on the location. She has loyal clients that will and do follow her wherever she goes. Neither my daughter or I would allow anyone but DeVonne to touch our hair. It seems clear that De V onne's project fell through some whole in the cities approval process and as a result a business woman is denied her livelihood. I ask that you in your position as Head of the Planning Department use your influence to make sure that De V onne gets a Conditional Use Permit. And then I ask that you investigate and improve your permitting process so that business owners in the future can be assured that they meet all zoning regulations before they are issued a building permit and begin expensive improvements. Thank you for your time and attention. Janice Pierce 5546 Rowland Road Minnetonka MN 55343 952-938-6176 ,Lani~~,pierce@gmail.com 10/16/2007 Ho~eboom. Joe em" nt:" To: Cc: Subject: Flip Crummer [f1ip_crummer@yahoo.com] Tuesday, October 16,20072:28 PM Hogeboom, Joe devocat@comcast.net In support of Artistic Urges As a delighted 15+ year client of DeVonne Reinhardt Brock and Artistic Urges Hair Consultants, please consider my support for her application for a conditional use permit for the new site of her business. I can personally vouch for DeVonne's professionalism, integrity, and honesty, so I was very dismayed to learn about the problems she has encountered in relocating her business. By trusting the people involved in relocation process, a 'perfect storm' of misunderstandings and unfortunate miscommunications among many parties has required DeVonne to (hopefully temporarily) close the doors of the business she has built for the last 20 years. My impression is that the designed system of checks and balances among local government, contractors, landlords, and real estate agents somehow went haywire on DeVonne -- a successful entrepreneur and a responsible contributor to the Golden Valley business community. I understand the issue to be a concern about zoning for what the city considers a retail business. I will also vouch for the fact that Artistic Urges has always been run as an appointment-only professional services business, with little or no walk-in clientele -- similar to a medical, law, or accountant's office. I have often been the only client in the salon during my appointment, and have rarely seen even as many as 5 cars in the parking lot at any time. Artistic Urges will not have any unwanted effect to traffic or parking at her new site. ~vonne runs a low-key, professional, unassuming, and successful business, and I know ~e's been excited about welcoming her clients to the new space. Please do all you can to approve her move as soon as possible. I, and all her longtime clients, assure you she'll be a true asset to the building and to the neighborhood. Sincerely yours, Murray P. Crummer 900 Fernbrook Lane N Plymouth, MN 55447 763-390-5994 home 763-458-0851 mobile Boardwalk for $500? In 2007? Hal Play Monopoly Here and Now (it'S updated for today's economy) at Yahoo! Games. http://get.games.yahoo.com/proddesc?gamekey=monopolyherenow . 1 Hogeboom. Joe Aom' Wnt: To: Cc: Subject: Mary Pat Gibbs [mpgibbs@ties2.net] Tuesday, October 16,20075:19 PM Hogeboom, Joe devocat@comcast.net Support for Artistic Urges Dear Mr. Hogeboom, I am writing to support the proposed amendment for Artistic Urges Hair Salon to open their business on Lilac Drive. I have been a customer at Artistic Urges for ten years. When Artistic Urges first came to our neighborhood, I was thrilled because before that there was an old used car lot on the property and it was an eyesore! When Artistic Urges moved into the building, it completely transformed the place. The building was painted and remodeled inside and it looked very inviting and modern. After several months, I ambled in and started talking to Devonne, the owner, about her services. What struck me most when I came in that first time was the peaceful and relaxed atmosphere. There was soft music playing and the shop felt like a haven from the stress of our busy world. I ended up making an appointment for a week later and have never regretted this decision. Artistic Urges continues to be a safe, inviting place for customers and the salon has been a wonderful addition to our neighborhood. I would feel very sad if Artistic Urges is unable to stay in our area in their new shop. 'The staff at the salon have been good neighbors and have contributed to a positive image of our neighborhood. I would much prefer the business of Artistic Urges Hair Salon in the building on Lilac Drive than a business which we are unfamiliar with. tRhave noticed that there is office space available in many buildings in our area. I rry about what will happen to the quality of those buildings if they are not occupied by siness owners with integrity Sincerely, Mary Pat Gibbs 1113 Welcome Circle, Golden Valley;, MN ".{ 55422 Sincerely, . 1 Hogeboom. Joe .om: nt: To: Subject: Andrea. Wester@upsher-smith.com Tuesday, October 16, 20079:45 AM Hogeboom, Joe Golden Valley Planning Department Dear Joe, I am a long-time customer of Artistic Urges and I was devastated to hear about what happened to DeVonne and her salon. This is DeVonne's livelihood and the city just shut her down? After she applied for licenses and did everything she was supposed to do. This new space is walking distance from her old space and they're citing zoning issues? How does something like this even happen? If they're worried about an increase in traffic in that area, they shouldn't. DeVonne's customers are only going to be driving a block further than before. DeVonne doesn't get walk-in traffic because she operates on appointments only. Her salon is not a Fantastic Sams or Cost Cutters where there is constant in & out traffic. It's only her and Bonnie and they have set appointments - mostly with clients that have been customers for many, many years. This is not some noisy nightclub that is going to attract hordes of people & traffic. It is a small place of business where upstanding customers come to have their hair done. DeVonne is a hard-working, honest, city but all people. I think it's the city needs to make this right. ~siness. _ncerely, Andrea Wester independent business woman who cares not only about the an atrocity that this happened in the first place and Do the right thing and let DeVonne reopen her ************************************************************************ This communication message and any files transmitted with it contains information which is confidential. It is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient, you are hereby notified that any use, dissemination, disclosure or copying of this communication message is strictly prohibited. If you have received this communication message in error, please notify the sender and then delete it from your system. Thank you for your co-operation. ************************************************************************ . 1 Hogeboom, Joe em- nt: To: Subject: Grace ENEBO [graceclown@msn.com] Monday, October 15, 20079:01 PM Hogeboom, Joe URGENT - RE: Artistic Urges Dear Mr. Hogeboom and City of Golden Valley, I am writing on behalf of Devonne Brock (Reinhart) of Artistic Urges. I have followed Devonne to different locations for about 15 years. I was excited to learn that her shop was only going to be a block away from her current location since I work nearby. I was heartbroken for her as a business owner (I also own a business in the nearby area) and also a very close friend that her wonderful plans for her new shop may not happen due to zoning. She put her trust in her broker that her paperwork was all in line and because of this trust she has had to be closed down for a period of time. Devonne and Bonnie have only been a positive influence on the neighborhood. I'm sure her neighbors nearby will tell you they have never had one problem with her customers. She needs this business to be successful as it is an integral part of her life and of her husband's and small daughter. I guarantee that if you let Devonne and Artistic Urges follow through with her plans for her new shop she will be a devoted business owner who would address any issues with swift promptness. I will continue to follow Devonne wherever she'ends up but I'm hoping you'll see to keeping her in Golden Valley where she has only be an asset to the business community. In a time when small businesses are closing at a rapid rate, she has continued to have a strong and thriving business. I'm sending prayers her way that the Planning Committee till grant the zoning to her business so she can resume this business in a timely fashion. ease feel free to contact me with any questions and I would be happy to serve as a aracter witness to Devonne's business integrity and attend the meeting if it is an open to the public forum. Thank you very much. Sincerely, Grace Enebo President, Crossroads Business Services 952-525-2020 (work) 612-379-9037 (home) 612-226-9037 (cell) . 1 Page 1 of 1 . Hogeboom, Joe From: Idanderson517@comcast.net Sent: Monday, October 15, 2007 8:55 PM To: Hogeboom, Joe Cc: devocat@comcast.net Subject: Artistic Urges zoning request October 15,2007 Joe Hogeboom Planning Department City of Golden Valley Dear Mr. Hogeboom, I am sending you this email in support of DeVonne's request to rezone Artistic Urge's new location to allow a hair salon. I have been one of De V onne's loyal customer for 10 -15 years. She is a very conscientious and dependable business owners. She has been a Golden Valley businesss owners for many years. When she decided to relocate her business, it was important to her to have a location in Golden Valley that would continue to be convenient for her customers as well as continue to support the Golden Valley community. . Ifher zoning request is denied, she will be forced to relocate elsewhere which will be a loss to both the Golden Valley business community as well as her local customer base. This will not only be a loss to Golden Valley of the revenue her business provides the city, it will also be a reduction of goods and services her customers purchase from other Golden Valley business when we come to her salon. I hope you agree granting this rezoning request will be beneficial to Golden Valley, the community, Artistic Urges and their customers. Thank you for your consideration in Artistic Urges rezoning request. Sincerely, Larin D. Anderson (763) 553-9944 . 10/16/2007 Page 1 of 1 . Hogeboom, Joe ~~^"".=,'_'.~M'.','_',.,.~~w,~'~n~._.~-,.......,,, ""~.~,,,=.w...,.,'~__N,"~~_'m_'_w,'^~",,,,,,,_m'~".W.W.W',~,=-.~.,..~-~".".~~."".=.,.w"",,,. "",._,."......"__.,,._n.y'_"'m'm.',"',"_y._,.'.w,.,"~~,."m.",W'_'y.",w,.wn.__~,_~~wm"m,,'W>.w_',_'m'_^'''m''''=''''''''~m"_'_"m.'.W_'_"=m,"m"M.>.~~."~m_=v"mm~..",,,.W'A'_"'V''''~'."""',,.v,'M',_,m' From: Dorle Vawter [dorlevawter@comcast.net] Sent: Tuesday, October 16, 200710:02 PM To: Hogeboom, Joe Subject: Artistic Urges zoning request Dear Mr. Hogeboom I am writing on behalf of Devonne Brock (Reinhart) of Artistic Urges. I have been a client of Devonne's for close to 20 years. I know Devonne to be a highly responsible and committed business owner. She and Bonnie are exactly the sorts of business owners that any community would be proud to have. I hope very much that the Golden Valley Planning Department will promptly grant the zoning request to allow Artistic Urges to remain in Golden Valley. In this day of big box megastores, I hope that the Planning Department shares my appreciation for and support of small high quality independent businesses. Please let me know if I can answer any questions. Thank you very much. Dorothy Vawter, PhD dorlevawter@comcast.net 651-631-2076 . . 10/17/2007 Page 1 of 1 . Hogeboom, Joe From: Wheeler, Ann (Aveda) [awheeler@aveda.com] Sent: Tuesday, October 16, 2007 6:57 PM To: Hogeboom, Joe Subject: Artistic Urges in Golden Valley Dear Sir, I have worked with Devonne from Artistic Urges for years and know her to be a solid and responsible business owner and person. Please do what you can to open her salon in the new location and continue her passion and responsibility as a hard working and talented stylist. Many thanks, Ann Wheeler Ann Wheeler 326 Central Ave SE Minneapolis MN 55414 phone 651.485.0707, fax 612.623.0833 ~ Please consider the environment before printi;"g this e-mail . THIS E-MAIL IS INTENDED ONLY FOR THE ADDRESSEE(S) AND MAY CONTAIN CONFIDENTIAL INFOR THANK YOU. . 10/17/2007 Artistic Urges Page 1 of 1 . Hogeboom, Joe From: Hanson, Linda D [CK] [Linda.Hanson@sprint.com] Sent: Wednesday, October 17,20079:11 AM To: Hogeboom, Joe Subject: Artistic Urges Dear Mr. Hogeboom, I am writing you to show my support for the proposed amendment for Artistic Urges on Lilac Drive. I have been a resident of Golden Valley since 1995 and a client of Artistic Urges since the late 1980's. I would have followed DeVonne and Artistic Urges anywhere, and I was ecstatic when she moved her Business to Golden Valley. She has created a peaceful place to relax, and to be pampered and spoiled. Her business remaining in Golden Valley is good for the city we live in. It would be a shame for her to have to go elsewhere given the time she has already spent working in our city'and building her business. Everyone that knows her appreciates her integrity, work ethic, and contribution to Golden Valley. . Sincerely, Li nda Hanson 5005 St Croix Ave N Golden Valley, MN 55422 . 10/1 7/2007 Page 1 of 1 . Hogeboom, Joe From: Sheila Weber [sweber@mpsinc.org] Sent: Wednesday, October 17, 200710:46 AM To: Hogeboom, Joe Subject: Artistic Urges Hello Joe: . My name is Sheila Weber and "ve been a client of DeVonne and Artistic Urges for many years. As much as I'll miss her old salon, I was really looking forward to her new one. DeVonne has always operated her salon in a very peaceful and earth friendly manner - which is like no other salon I've been a customer to. It would be a shame to see the City of Golden Valley shut the doors on her. Although' do not live in Golden Valley, I have lots of friends who do and I am also a patron of many businesses in Golden Valley. Please find a way to get her approved for the location on Lilac Drive and in doing so, the City of Golden Valley will continue to have a wonderful business with Artistic Urges! Kindest Regards, Sheila Weber Magnetic Products and Services, Inc. 7500 Boone Avenue N, Suite 104 Minneapolis, MN 55428 Direct 877-255-2056 Phone 800-447-1277 Fax 763-493-2295 ~w~pe[@ITlPsiIJC.9I9 ~--,mpsil1~.org . 10/17/2007 . . . Page 1 of 1 Hogeboom, Joe From: Steven Wickett [srwickett@yahoo.com] Sent: Wednesday, October 17,200711:59 AM To: Hogeboom, Joe Subject: golden valley hair salon........artistic urges hello PLEASE help let the hair salon artistic urges open up without delay, i am a resident of golden valley. Steve Wickett 2425 Vale Crest Road goldenvalley Do You Yahoo!? Tired ofspam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 10/17/2007 Page I of I . Hogeboom, Joe From: Stan Halfmann [shalfmann@slendertone.com] Sent: Wednesday, October 17,200711:40 AM To: Hogeboom, Joe Subject: FW: golden valley hair salon........artistic urges hello PLEASE help let the hair salon artistic urges open up without delay, i am a resident of golden valley. Stan Halfmann 2425 Vale Crest Road Golden Valley MN. 55422 ********************************** . CONFIDENTIALITY WARNING: The contents of this e-mail and any attachment are the property of Bio-Medical Research Ltd ("BMR") and intended for the addressee only. Any reader of this message who is not the intended recipient, or an employee/agent responsible for delivering to the intended recipient, is notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error please notify us immediately and delete all copies from your computer system. Subsequent alterations to this electronic message after its transmission will be disregarded. VIRUS WARNING: You are requested to carry out your own virus check before opening any attachment. BMR accepts no liability for any loss or damage which may be caused by software viruses. . 10/17/2007 Page 1 of 1 . Hogeboom, Joe From: carolamcfloral [carolamcfloral@comcast.net] Sent: Wednesday, October 17, 2007 11 :30 AM To: Hogeboom, Joe Subject: golden valley hair salon........artistic urges hello PLEASE help let the hair salon artistic urges open up without delay. i am a long time patron and resident of golden valley. carol berde 1430 yosemite av n goldenvalley . . 10/17/2007 . . . Faith E. Woodman 1420 Spring Valley Road Golden Valley, MN 55422 Mr. Don Keysser, Chair Golden Valley Planning Commission City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Dear Mr. Keysser: I am writing to urge the Planning Commission to recommend to the City Council that Artistic Urges be allowed to operate a hair salon in the Business Professional Offices Zoning District. I have been a long time customer of Artistic Urges and value their services and professional conduct. They are the kind of business Golden Valley should support and encourage. I like to patronize local business and would be disappointed to have travel outside of Golden Valley if Artistic Urges is not granted a conditional use permit. Sincerely~ ~~ t7; ~~~ Faith E. Woodman