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.
. ,
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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)
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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
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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.
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F. Meets Requirements-The PUD amendment meets the applicable Intent and Purpose
provision and all other PUD ordina,nce provisions.
'.;1
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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)
~
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N8 tiVN169 TO Ell 1394
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MJ.iper~"{tw's'tl~o.iMS" C<wt"t':'gi't1Ci loralt;~iQ)S
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-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.
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Westwood
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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
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Westwood
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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
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'"
Westwood
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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
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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
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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.,'!
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(2).doc
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
.
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~ ~ 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.
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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
.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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)
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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~ \( ,
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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.
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WALSH PARTNERS,INC,
PAGE 04
. J '
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...
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.
..'- . .'.
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~.< ,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. '.
....
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'.
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No delillqilsnt ta~es and transfer entered
DEPT. OF PROPE.IlTY TAX & PUBLtC RECORDS
HENNEPIN COUNTY MINN.
.
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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:...~~-.-:..~...;.' .~.'
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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(
.
.
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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
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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
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?aul,Minnesota 55101
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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.
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1215 N. Lilac Dr.
----------------------
1220 Welcome Ave.
----------------------
1240 Welcome Ave.
-----------------------
1316 Welcome Ave.
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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
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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
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which may be caused by software viruses.
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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