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11-05-07 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, November5,2007 7pm 1. Approval of Minutes September 24, 2007 Joint Planning/Environmental/Open Space and Recreation Commission Meeting Octbber 22, 2007 Regular Planning Commission Meeting 2. Informal Public Hearing - Conditional Use Permit - Morrie's Automotive - CUP No. 118 Applicant: Wagener Properties, LLC Address: 7500 - 7550 Wayzata Blvd (Former Suburban Tire) Purpose: To allow auto sales and service in the Industrial Zoning District. 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 4. Other Business 5. Adjournment This document is alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, 8udiocassette, etc. " . Joint Meeting of the Golden Valley Planning Commission, Environmental Commission and Open Space and Recreation Commission September 24,2007 A joint meeting of the Planning Commission, Environmental Commission and Open Space and Recreation Commission was held at the Golqen Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, September 24, 2007 Planning Intern Joe Hogeboom called the meetinger at 6 pm, 1. , Hill, nson, t was Sally richs, ecr ion Rick vironmental an, H Consultant inistrative Assistant Lisa Those present were, Planning Commissioners Eck, Keysser, Klu Schmidgall and Waldhauser, Environmental Commissioners, Pawluk and St. Clair, Open Space and Recreation Commis ' Kuebelbeck, Mattison, McConico, Saffert, Sandler and Vaug Erickson, President Elect of the Golden Valley Garden lub, President of the Golden Valley Garden Club, Director Jacobson, Director of Planning and Developmen Coordinator AI Lundstrom, Public Works SpeQja Veronica Anderson, Planning Intern Joe Ho eb Wittman . Presentation/Discussion of Open Space Element Hogeboom stated that Henn language about commun' Sally Erickson and Lorra group a description f co as as ed Golden Valley to consider putting e Comprehensive Plan update. He introduced m the Golden Valley Garden Club to give the gardens and how to start them in the community. ion was formed in 1939 to help beautify Golden Valley, 'anters in downtown Golden Valley each year and ve flower and vegetable exchanges and shows. She es scholarships as well as monetary donations to PRISM and e added that their club consists of 28 members and she believes ed with enough knowledge to be of assistance to the City. ssed a program that their club, together with The Toro Company and North H Human Services Council does where they give seeds to people who grow vegetables and share them with others. . Hill asked the Commissioners how they felt about including community gardens in the Comprehensive Plan. Anderson said it is not atypical for community gardens to be in the park section of city's comprehensive plans. Kluchka said he would like a definition for "community garden" and a brief explanation of how they work. Hogeboom said he would bring the Commissioners more information on how community gardens work. Anderson referred to a draft copy of the Parks and Open Space plan and said she would like to go through it page by page with the Commissioners and get their comments and , . . . Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission September 24, 2007 Page 2 feedback. She referred to the table regarding Open Space/Nature Areas on page 4 and noted that the Honeywell Pond totaling 3.6 acres will be deleted from the table. Hill asked why the Honeywell Pond is being removed from the table. Eckman stated that it is private property. Eck asked about the difference between the words "open space" and "nature area". Sandler stated that that an open area may just be a remnant parcel of land and not necessarily a "nature area". Jacobson added that a "nature area" may have access, benches or paths and is not just an open lot. Eck noted that what used ferred to as "open space" on the map is now referred to as "open space/natur. obson stated that the words are used interchangeably but "nature areas" e user friendly. He said he would take another look at the definitions. A she believes "open space" is defined in the Land Use plan. 'ed that all of at is stated in are s andard guidelines ation system is out. cCarty asked if it ather than their acreage. McCarty referred to the table regarding Community Parks on the community parks listed on the table are notably s er in the definition of a community park. Anderson 'explai put out by the National Recreation Park Associa . something the Commissioners and staff might would make more sense to classify parks b Grimes referred to the Urban Trails se on private property as well as ones and Open Space plan is looking will be addressed in the Trans adding language about trails nderson stated that the Parks in the parks. The rest of the trail system the Comprehensive Plan. Bergman referred to the . percent "left" Golden Val percent "used other eas percent is low and i the percentag on page 5 and suggested that words twenty 'ties should be replaced with the words twenty of Golden Valley". Sandler added that he thinks twenty her than that. Anderson said she would double check ition for the term "fitness trail". Anderson said there is not Ian for fitness trails, but she would add one. A kee is tak than the page 7 regarding the policy plan and explained that she is trying to Ith the other sections of the plan. She stated that the vision statement vision Golden Valley and the mission statement was made more succinct the previous draft of the Park and Open Space Plan. Hill reminded the group that at their last meeting they discussed changing the word "recreation" to "we II ness" . She said that the word "recreation" in the vision statement seems light weight to her. Jacobson said the word "wellness" is included in other places in the plan. Sandler stated the word "wellness" just didn't fit right in the vision statement. He added that the Open Space and Recreation Commission had a lot of discussion about the words "leisure", "recreation" and "wellness" and they seemed to come back to the word "recreation". Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission September 24, 2007 Page 3 . Mattison referred to the second bullet point on page 7 and said "Le." should be replaced with "e.g." and the fourth bullet point should be broken into two sentences. Kluchka referred to page 8 regarding Land Acquisition, Facility Development and Maintenance and said that goal number 7 regarding maintaining the current goal of providing 15 acres of park and open space per 1,000 residents sounds great as a goal but suggested that it be made stronger as a policy. Jacobson explained that those numbers are currently what the City has so the goal is to maintain it. He explained that the National Park and Recreation Association recommends using what . and its residents deem appropriate. Grimes suggested looking at those num ecause the Metropolitan Council has said that Golden Valley will have 24, idents by the year 2030 so either the City would have to acquire land 0 at amount. Waldhauser asked if privately owned public spaces e 15 acres of park space per 1,000 residents goal. Grimes said y on not that the sentence should read as follows: "Maintain the current goal 0 res of park land (not park and open space) per 1,000 residents". Clai 7 would be more understandable if it said neighborhood parks ks a d nature areas. Anderson said she would re-work number 7 to tandable. Eck referred to number 9 on pa is a fee to participate. Jacobso refers to those programs a " frame of reference. Wald "entrepreneurial". Sandie the word "entrepren rial. g a no net-loss policy for its ss policy. Anderson said to define it. . Kluchka referred to number 6 on page 8 re parks and open space areas and asked . there is not a written no net-loss policy "entrepreneurial" programs means there ted that the Capital Improvement Fund nds" and asked if there should be a common 'ng using the words "fee-based" instead of 'ng the words "fee-based" in parenthesis after atural Resources goals and stated that the word "of' in ebelbeck suggested the word "using". r 2 on page 10 regarding Natural Resources policies and lope roviding permanent open space areas or cash in monetary d in development plans. Jacobson explained that it is the City's o accept cash or land. Mattison asked what happens to the cash. e money goes into the park fund to improve park properties. . Kluchka asked if the City should consider requiring park dedication fees for redevelopment projects. Grimes explained that most redevelopment projects use some sort of city funding so in most redevelopment areas the City has not required park dedication fees. McCarty referred to page 11 and stated that the comma should be removed in number 16 and the word "and" should be removed in number 19. Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission September 24, 2007 Page 4 . Mattison referred to page 11 and stated that the word "to" should be removed in number 20 and it should be made into two sentences. Kluchka referred to number 10 on page 11 and suggested that the word "promote" be changed to "enforce". Anderson referred to page 12 and discussed short range and long range plans. Sandler stated that the Honeywell property should be added to the Land Acquisition, Facility Development and Maintenance section. Schmidgall asked about the ne explained that tonight's meetin it will eventually go on to th Comprehensive Plan for hat the small rk. St. Clair referred to the Recreation section on page 12 and noted t "recreation" in the sentence "Expand volunteer recreation" shoul "recognition". McCarty asked about the proposed performance stage. Jaco Golden Valley Federated Women's Club has been rai' fu performance stage on the south end of the large sh . Waldhauser referred to the indoor multi-use soc and asked if Golden Valley residents have Jacobson said that the Phoenix Soccer It was put on the Long Range Plan list ted 0 the long range plans oor soccer facilities. need for an indoor facility so prehensive Plan Process. Jacobson ,#3 draft Parks and Open Space Plan then mmissfon with the other sections of the Hogeboom stated t Space Plan by Octo e comments regarding the draft Parks and Open nd Open Space Plan maps. She said typically there are . ting parks and one that has proposed parks. Since there are uggested having one map that highlights the different types of to the maps and questioned some of the parks labels. Anderson said e the colors on the maps to make the labels clearer. 2. Adjournment . The meeting was adjourned at 7:30 pm. . Regular Meeting of the Golden Valley Planning Commission October 22, 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, October 22,2007. Chair Keysser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Eck, Keysser, Kluch Schmidgall and Waldhauser. Also present was Director of Planning a Grimes, Planning Intern Joe Hogeboom and Administrative Assistant II. nimously to approve Recreation I. Approval of Minutes August 27, 2007 Joint Planning/Environmental/Open Commission Meeting MOVED by Eck, seconded by Waldhauser and m the August 27,2007 Joint Planning/Environmen Commission minutes as submitted. August 27. 2007 Regular Plannin' . MOVED by Eck, seconded by Mc August 27, 2007 Planning Com ied unanimously to approve the s submitted. Informal Public CUP No. 119 tional Use Permit - Home Health Care, Inc. - Applicant: the C;lpplicant to operate an Adult daycare located in the Industrial zoning district at the applicant is proposing to open an adult daycare facility at 800 orth which is zoned Light Industrial and therefore requires a Conditional Use Per explained that the proposed adult daycare facility would employ approximately 15 people and would serve between 60 and 70 elderly clients. Their regular hours of operation would be from 7 am to 5:30 pm with some occasional after hours banquets or events. . Hogeboom stated that the Zoning Code requires one parking space per five clients and one parking space for each employee. This property currently has 166 parking spaces which would provide adequate parking for employees and clients. He added that the applicant has stated that many of their clients arrive by bus and will not require parking. Minutes of the Golden Valley Planning Commission October 22,2007 Page 2 . He referred to this applicant's other adult daycare facility located at 4949 Olson Memorial Highway and said that location has been found to be operating within the parameters of their Conditional Use Permit. He stated that staff is recommending approval of the proposed adult daycare to be located at 800 Boone Avenue North. Keysser referred to the site plan and asked which portion of the building the adult daycare would be located in. Hogeboom stated the adult daycare facility would d in the northern portion of the building. They are noted at "tenant B" on the Kluchka asked if the applicant has plans to install bicye1 Y will need any d that they will have to ilding permit process. Cera asked if staff has talked to the Health Department about ~ 4949 Olson Memorial Highway location. Hogeboom said he h Department but that he would call them. McCarty noted that the plans show kitchen fa~i1i . special permits to allow for kitchen facilities. Gri receive permission from the City sanitaria . McCarty asked for clarification regardi daycare business. Hogeboom expl require a separate Conditional only the adult daycare use that e ea care business and the adult health care business does not se they will only have office space. It is n ional Use Permit. McCarty asked about ad utilizing the daycare will from the facility. geboom reiterated that that most of the clients , ucing the number of vehicle trips made to and Waldhauser a scape plan. Hogeboom said no. , discussed his current adult daycare facility at 4949 Olson d that the 800 Boone Avenue North building will be his second ed t at Home Health Care, Inc. provides health care at clients' . at they have approximately 400 employees but only about 30 of them ce doing administrative work and the rest of the employees never come Olshansky stated that they provide services for people primarily age 80 and older and that they bring clients to their facility by bus. They currently have 170 clients and most of them come to the facility 2 or 3 days per week for 6 hours per day. He said they provide breakfast and lunch through a catering service and that they plan to have their own . catering in this proposed new facility. Minutes of the Golden Valley Planning Commission October 22, 2007 Page 3 . Waldhauser asked if the 170 clients would be at the facility at once. Olshansky said they have approximately 65-80 clients per day. He stated that they are following all of the State's regulations and that the Minnesota Department of Human Services will determine how many clients they can serve. Waldhauser asked the applicant where his clients come from. Olshansky said they come from seven counties in the metro area. Waldhauser asked t said it is appro compensated pay. a ated. Olshansky the employees will Kluchka asked if the Commission should be considering any special ne access and sidewalks in case people want to come to site other than stated that there are good sidewalk connections in the area. McCarty asked where the buses are stored and maintained. them in their parking lot at night, but they do not maintain th Kluchka referred to the plans and asked where the m said the main entrance for clients is in the front of have separate back entrance to the building. · Waldhauser asked the applicant if they ha space in order to bring natural light into about sky lights in the south side of th ighting or sky lights for the ky said they are thinking ould probably be too expensive. . Kluchka asked about outdoor a parks and that they won't have y said they bring their clients to area t this location. Keysser opened the pub Keysser closed the publi g and hearing no one wishing to comment, out the cost of his services for each client. Olshansky which is 6 hours. He explained that they are for some of their clients and some of their clients are private thin s this is an outstanding service and growing market due to an said he thinks this is a good location for this use and he supports Eck agree d stated that the applicant's existing location has been operated in a highly responsible manner. Cera also agreed and reiterated that he would like staff to call the Department of Human Services to see if there have been any issues at the applicant's existing location (4949 . Olson Memorial Highway). Minutes of the Golden Valley Planning Commission October 22,2007 Page 4 . MOVED by Waldhauser, seconded by Eck and motion carried unanimously to recommend approval of a Conditional Use Permit to allow the applicant to operate an adult daycare center at 800 Boone Avenue North with the following conditions: 1. All signage must meet the requirements of the City's sign code. 2. The site plan prepared by Joseph Buslovich Architects, dated August 22, 2007 shall become a part of this approval. III. rtment of Human adult daycare operations may the Director of Planning and 3. The adult day care shall be limited to 70 clients, or the amount sp Minnesota Department of Human Services and approved by s 4. The hours of normal operation shall be from 7 am to 5:30 occasional evening social functions for clients. 5. All improvements to the building must meet the Cit 6. All necessary licenses must be obtained by t Services and the Minnesota Department of commence. Proof of such licensing mu Development. . 7. All other applicable local, state ents shall be met at all times. Informal Public He Plan A2 - Westwood Lake Office Park - Final PUD Applicant: d 8441 Wayzata Blvd. struct a new two-story office building with parking garage e Planning Commission recommended approval of the Westwood eliminary PUD plan in August and now the applicant has submitted Ian for review. He added that the City Council added a couple of e Preliminary Plan when they approved it in September. . Grimes referred to the site plan and discussed that the applicant has addressed the Planning Commission's concerns and City Council's concerns by changing the architecture on the front elevation and adding more sidewalks. He added that he has received a copy of the new declaration of covenants that addresses the proposed new development and he has found them to be acceptable. He noted that he has forwarded the covenants on to the City Attorney for his review. Minutes of the Golden Valley Planning Commission October 22, 2007 Page 5 . Grimes stated that staff is recommending approval of this Final PUD Plan for the Westwood Lake Office Park and told the Planning Commission that they have to now make findings that the proposed Final Plan is consistent with the PUD chapter of the Zoning Code and that the Final Plan meets the st~ndards adhered to by the City. Keysser noted that the east side of the property along Wisconsin Avenue has a slope and asked where the proposed new building would be located in relation to that slope. Grimes referred to the site plans and showed where the building would be located. 3. ne wishing to comment, Kluchka stated that when the Planning Commission reviewed the Pr . discussed the applicant's parking needs. He asked if the concern on the southeast side of the property have been addressed. Gr" issue has been addressed in the Final Plans and that the apl? with a 10% reduction in their parking. He added that the app1~~ bicycle rack to the Final Plans. Ted Bigos, Applicant, stated that the architect is n but he had nothing to add to Mr. Grimes' presen Keysser opened the public hearing. Seein Keysser closed the public hearing. . McCarty said he feels that the Fin concerns. ning Commissioners previous Kluchka said he was glad t to look more like a front anged the north fa<;ade, but he would still like it MOVED by McCart approval the Westw findings: Waldhauser and motion carried unanimously to recommend . e Park Final PUD Plan with the following conditions and by Westwood Professional Services, Inc. shall become a part 2. ed y Sand Companies, Inc. shall become a part of this approval. .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 endations in the memo from City Engineer Jeff Oliver, PE, to Mark August 6, 2007 and October 12, 2007 shall become a part of this . Gri appro 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. . . . Minutes of the Golden Valley Planning Commission October 22,2007 Page 6 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 makes the following findings: 1. The proposed Final Plan is consistent with the Intent and Purpose 0 of the zoning code as outlined in Section 11.55, Subdivision 1, A, 2. The Final Plan is consistent with the Preliminary Plan approve y September 18, 2007 with one exception. The revised "Ame ent a Declaration of Parking, Driveway, Utility and Courtyard E ill prior to approval of the Final Plan by the City Council. 3. The Final Plan also meets the following standards adhere A. Quality Site Pia nning - The PUD amendme . characteristics of the site and achieves a than generally expected under conventio B. Preservation -The PUD amendme portions of the site's characteristi features including steep slopes, waters. C. Efficient-The PUD ame D. Consistency-The PUD adjacent uses and i E. General H ealth- the general health, F. Meets Requi ent Purpose prov he specific ity Ie planning and design ovisions. otects substantial desirable sensitive environmental , creeks, wetlands and open efficient and effective use of the land. t r s in development compatible with h the Comprehensive Plan. ent is consistent with preserving and improving nd ge ral welfare of the people of the City. PUD amendment meets the applicable Intent and ther PUD ordinance provisions. IV. ring - Conditional Use Permit - Morrie's Automotive - Wagener Properties, LLC 7400 Wayzata Blvd (Morrie's Cadillac Saab) Purpose: To allow auto sales in the Industrial Zoning District. Grimes explained that when this building was originally constructed in 1966 the City did not require Conditional Use Permits for auto sales in the Industrial zoning district. However, now that they are proposing to add to the structure they do need to obtain a Conditional Use Permit. He referred to a site plan and stated that the applicant is Minutes of the Golden Valley Planning Commission October 22, 2007 Page 7 . proposing to add two canopies to the front of the existing building, create better sidewalk connections and update the look of the building. Grimes stated that the City has been considering some zoning changes in the 1-394 Corridor however those changes have not yet been adopted so the City needs to review these plans with the Zoning Code it currently has in place. Grimes noted that the City Engineer has some concerns about drainage on this site and that the proposed project will be required to implement storm water an control best management practices. They will also be required to submit pia sett Creek Water Management Commission for review. Waldhauser a the Conditional Permit w aid that is a udying the Corridor study was this proposal is a Cera asked how this proposal would be different if the 1-394 District had been implemented. Grimes stated that the auto 1-394 Corridor would be allowed to continue but they could n one of the City Council's concerns and why they are sti . proposed Mixed Use zoning district. Keysser add~ meant to be a long-term range plan. Grimes agr relatively minor change. . Schmidgall asked about the work alrea the applicant has been doing interior a operty. Grimes stated that t is allowed. Kluchka asked about lighting on will be reviewed as a part of the consultant, at the applicant' stated that the applicant's lighting plan rocess and if necessary sent to a lighting r review. Kluchka asked about sig sign code requirem es stated that any signage has to meet the current he existing signage can remain. changes could be made to the property in the future if is granted. Grimes stated that changes to the--GoR'i!liti':"Ral tJ.se /old) plicant to amend the Conditional Use Permit. representing the Applicant, stated that the owner of the property is outdated and he is trying to move forward to update it. He stated expanding the size of the parking lot or building. They are only adding d are, in fact, reducing the size of the building by approximately 800 square fe cause they have removed one existing car wash bay. He said from their perspective, they are making the property better with lighting and sidewalk connections. . Kluchka asked if there are plans to improve or enhance the landscaping on the site. Steve Fichtel, Architect for the proposal, stated that there are some existing landscaping beds along the foundation of the building that they will be re-doing and improving. He stated that in trying to improve the site and the drainage they are proposing to create small islands in the parking lot and primarily fix the landscaping that is currently on the site. Minutes of the Golden Valley Planning Commission October 22,2007 Page 8 . Kluchka asked if bicycle racks could be included in the plans. Fichtel said he would look at the possibility of incorporating motorcycle spaces and bicycle racks into the plans. Grimes asked Fichtel to explain the location of th~ car wash that was recently removed. Fichtel referred to the site plan and discussed the access to the service area and how the car was relocated within the existing building. Keysser opened the public hearing. Seeing and hearing no one wishing to comment, Keysser closed the public hearing. 3. . htel Architects and dated 10/8/07 (Sheet A-1) roval. cted in a manner consistent with the plans prepared by ted 4/30/07 (Sheet A-3). the requirements of the City's lighting ordinance mng Code). erson, Deputy Fire Marshal to Mark Grimes, dated July 24, rt of this approval. All requirements of this memo must be o the final plans for the Morrie's improvements. City Engineer Jeff Oliver, PE, to Mark Grimes, dated October 10, come a part of this approval. All requirements of this memo must be into the final plans for the Morrie's improvements. 6. All app Ie 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. aping. Waldhauser pact, but in the future as g. Grimes reiterated that the ntrances to the site. Schmidgall said he is eager to move forward with the 1-394 Corrid but it is not his agenda to stop businesses from operating in th proposal. Eck stated that the proposal will enhance the building's appe significant change so he would also support this prop Kluchka said he would like to see bicycle racks agreed that right now the landscaping might not the corridor area changes it may be difficu proposal would add better sidewalk con . MOVED by Cera, seconded by Ec approval for a Conditional Use P allow auto sales in the Industria unanimously to recommend ata Blvd (Morrie's Cadillac Saab) to ith the following conditions: 1. The site plans prepa shall become a part 0 2. 4. 5. . . . . Minutes of the Golden Valley Planning Commission October 22,2007 Page 9 v. 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. Hogeboom stated that the applicant is requesting a Conditional Use R operate a hair salon at 1405 Lilac Drive North which is located in t Professional Offices zoning district. He added that limited retail a Conditional Use Permit in the Business and Professional 0 . dwith Hogeboom stated that Artistic Urges is a small, independentl salon that does not advertise or use standard retail si e. salon would have two employees with approximatel that the parking requirements are 1 parking spa . each employee. d skin care hat the hair s per day. He stated 1 parking space for Hogeboom explained that this property in 1986. At that time a covenant was i former building owner and the 9 ad' . be used exclusively for office pu covenant would have to be am request. The covenant be been amended to the Cit ess and Professional Offices Derrhalllnvestors, Inc., the rs that stated the building was to licant was told by city staff that the d r ontinue with the Conditional Use Permit ing owner and the adjacent property owners has sfaction. Hogeboom referred reviewing a Conditi staff is recom "n ort and reviewed the ten factors considered when it application. He also reviewed the eight conditions of this Conditional Use Permit. nded covenant and explained that it is specifically for Artistic r leave this location another hair salon could not move in ent to the covenant. ry clear that something went wrong for this applicant when she odel the space and then was stopped by the City. Hogeboom said it is his unde mg that the building owner did not inform the applicant that she would need a Conditional Use Permit to be located in this building so she proceeded to move her operations to this site and found out later that she needed a Conditional Use Permit. Keysser asked if building permits were pulled before the remodeling was started. Grimes said his understanding of the situation is that the remodeling started without building permits and a city inspector caught them working without a building permit. He said he understands this situation is a hardship for the applicant but he could not sign her forms . . . Minutes .of the Galden Valley Planning Cammissian Octaber 22,2007 Page 10 required by the State with aut her .obtaining a Canditianal Use Permit first and he could not ga forward with the Conditional Use Permit until the covenant was amended. Keysser asked if the applicant was aware of the c.ovenant in place. Grimes said no, and neither was the building owner. Cera asked if the Conditional Use Permit is issued to the salon or to the building. Hogebaom said it would be issued specifically to the salon. He explained that the City can not enforce covenants between private parties. Kluchka asked if the co 'ssue is something the Planning Commission should be dealing with. Grimes nant issue is really between the adjacent property owners and the buil Schmidgall referred to the original covenant and said it reads signatures of the adjacent property owners needed to be ob covenant. Grimes stated that the Commission can ask for a Attorney if they'd like, but that he has received directi that this Conditional Use Permit application can g adjacent property owners' signatures. 9 end the om the City rney indicating e out .of the nine Bob Olson, representing FTK Properties, Commissioners a letter explaining the DeVonne Reinhardt-Brock, Applic Permit in order to re-open her s Valley for 12 years and explain are a private, appointment she thinks of her busine only about 13% .of her rev 's asking for a Canditional Use that her business has been in Golden pany~:~ mission statement. She stated that they e salon/studio and they never advertise. She said rofessional services use than a retail use and retail sales. siness currently consists of two employees and they ployees and would like to .offer massage therapy in the oul be approximately 950 square feet and it is a very low- feels she belongs in a professional building and that they s such as acrylic nails and perms. She added that she realizes rofessional office building and would not expect more signage than discussed the background of how this issue came about. She said she enlisted t elp of a real estate broker hoping to stay in Golden Valley. She found this space in July 2007. It is only 163 steps away from her previaus space at the intersection of Golden Valley Road and Lilac Drive. It was her understanding that the zoning had been cleared and that permits were pulled by landlord and her plumbing and ventilation company. She explained that she was trying to open her new salon by October 1 and the final step was getting zoning approval on the forms provided by the State. It was when she asked for Mr. Grimes signature on the form that she found out that the property was . Minutes of the Golden Valley Planning Commission October 22,2007 Page 11 not zoned properly to allow for a hair salon. She said she obviously would have applied for a Conditional Use Permit earlier had she known she needed one. Olson stated that the landlord does not have any jntention to have any other retail uses in this building. He stated that the construction on the remodeling of the space inadvertently started before they had a permit due to a mix-up within their office. He referred to the covenant and reiterated that the amendment was worded specifically to only allow Artistic Urges Salon to operate in this building. McCarty asked the applicant w salon open during the rem happy with the way the relocated because she w a Conditional Conditional Use Permit Keysser asked the applicant if she anticipated the number of clients four employees instead of the current two employees. Reinhardt- c explained that there are many days where she only has three c . s so more employees she would be comfortable with the condition have a maximum of 12 clients per day. Keysser asked Olson why the applicant was not infor Use Permit. Olson said the owner did not know sh and he did not know about the covenant. . Cera noted that the applicant said her salo hair and asked how the hair dye could b what she meant in her narrative was t fumes like acrylic nails and perms ut she also said she dyes hardt-Brock explained that products and they don't have 9 and why she didn't keep her previous ew salon. Reinhardt-Brock said she wasn't 'ntained at her previous location and she ore professional image. Keysser asked the a said her new Ie: . ong the lease is in this new location. Reinhardt-Brock Chris We plin, stated that he has been a client of DeVonne's since 1996. He s he is other and successful business woman who is trying to improve her busl s. H id her former building was a dump and the owner was not supportive of her wit ance or anything else. He noted that one of the Commissioners previousl ed that they do not want to impede thriving businesses in Golden Valley but that is exactly what is happening in this case. He added that DeVonne is trying to stay devoted to her clients and what has happened is a travesty. . Grace Endewald, Minneapolis, stated that she has been a client of DeVonne's for more than 17 years and she hopes DeVonne can stay in Golden Valley. She said the business is run impeccably and it would be in Golden Valley's interest to keep her here. Minutes of the Golden Valley Planning Commission October 22, 2007 Page 12 . Lianne Johanson, 1535 Valders Avenue North, said she has been a client of Artistic Urges' for 16 years and thinks Golden Valley should support a business that is run by a woman. Judy Mustard, 1509 Zealand Avenue North, said she likes to keep her money in Golden Valley and she doesn't like to travel a long way away to get her hair appointments so she really hopes DeVonne will be able to stay in Golden Valley. She said she knows Devonne looked at leasing space in a different location in Golden Valley but was told that it wasn't zoned properly. hair Steve Anderson, Orono, said he is a retail customer because he b s care products they use at the salon. . Pam Wandzel, 1220 Welcome Avenue North, said she is on owners and she did not sign the amended covenant. She sai amended covenant on October 8 and read a note that!' noted that the letter from DeVonne said that all 9 the amended covenant in order for it to be chan her understanding that all 9 adjacent property 0 covenant. She said she is concerned abo safety of the children in the neighborho Golden Valley but not where the City h adjacent property owners signatur speaker said that she knows th knew that she would need a Co she didn't know she would operty about the t her door. She owners had to sign t it has always been have to sign an amended ise, property values and the s Artistic Urges stays in repe Iy it would take all nine enant. She noted that a previous at a site on Medicine Lake Road and s it at that location and questioned why ional Use Permit at this location. nue h, said when she purchased her home she told that the building would remain only office space er 8 the real estate broker came to her house asking for signatures from adjacent property owners were s no mention of other potential employees or massage she called Mr. Grimes and he said that the he and the City djacent property owners had to sign the amended covenant. n 0 Ice use there is a break on the weekends and she is concerned the neighborhood. She asked the Planning Commission to honor the 8 and not grant the Conditional Use Permit. . Steve Mil , 316 Welcome Avenue North, said he also did not sign the amended covenant. He said a lot of mistakes were made and it is a sad story because the applicant has spent time and money. He said he finds it hard to believe that the building owner didn't know a Conditional Use Permit would be required or that no other retail uses have tried to lease space in this building. He said the applicant's problem is not with the neighbors, it is with FTK Properties. He added that it is great that the applicant's clients support her but it sounds like they would follow her anywhere. He said his fear is that once this retail use is allowed he doesn't know how the City is going to tell the next retail Minutes of the Golden Valley Planning Commission October 22, 2007 Page 13 . use that they can't. He said the covenant situation is between the adjacent property owners and the building owner. The building owner should not have had the applicant talk to the neighbors, he should have talked to the neighbors. He said the applicant misrepresented the amended covenant to the neighbors and the original covenant clearly states that the building can only be used for office space for 30 years. Miller read a letter from Claude and Betsy Maddox who own the property at 1300 Welcome Avenue North thatsaid they are not in support of this proposal. They were not comfortable signing the amended covenant because they were not sur uld set a precedent for other retail uses at this location and how much traffic t will b Gary Gustner, Robbinsdale, asked if businesses G restrictions on their hours of operation. Grimes operation for Artistic Urges would then be irrele in this building have 'd the hours of Greg Klave, Minneapolis, said there has been a lot of discussio being a retail use but in his opinion it is a professional service. not a threat to anyone's livelihood and that the neighbors m not sure they are based on reality. . John Giese, 5545 Golden Valley Road, ended covenant. He said on October 8 the applicant asked for h sked her how many signatures she needed to amend the covena' ~ stated that if the applicant told him she only needed 5 signatures to nant, he would not have signed it because he felt he would have i 8 other neighbors. He said he had a conversation with Mr. Grim d that the applicant needed 9 signatures to amend the covenant an es that if the applicant needed any less than 9 he wanted to rescind his . e ed that he noticed Artistic Urges was on this Planning Commissi e he called the City again and talked to Joe Hogeboom. He asked Mr. Hoge<Rlicant had received all 9 signatures in order to amend the covenant. '\him that the building owner's attorney and the City's Attorney have' t t e applicant would only need 5 signatures to amend the covenant. s then told by the City Manager that the covenant was betwe r and the 9 adjacent property owners, not the City. He said he talked to ' g owner and told him he wanted to rescind his signature but was told h uldn't the amended covenant had already been filed at the County. He said whe de n was made that the covenant could be amended with 5 signatures instea as not informed and feels that there has been a misrepresentation and fraud. He the definition of fraud and said this issue is not about the Conditional Use Permit it is about the covenant and he feels that the City is involved in the covenant because the City helped draft it. He said he finds it odd that the building owner and leasing agent are not at this meeting. He said he takes pride in his word and honor and he has been misrepresented and he thinks the applicant would have a great case against the building owner, leasing agent and the City. . . . . Minutes of the Golden Valley Planning Commission October 22,2007 Page 14 Joel Nelson, 1324 Welcome Avenue North, said he also signed the amended covenant because he was told it would take all 9 adjacent property owners signatures to amend the covenant. He said he never would have signed it if he knew it would only take 5 out of the 9 adjacent property owner's signatures without taJking to his neighbors. Christine Tenczar, 1310 Welcome Avenue North, said she signed the amended covenant and would like to rescind her signature because she was told that all 9 adjacent property owners had to sign the amendment. She said she is afraid allowing this retail use will open the door to other retail uses. Suzanne Peterson, Minneapolis, said she is wondering about the the amended covenant and now want to rescind their signature opinion on something she'd either sign it or not. She referred.. made about the safety of the children in the neighborhood anQ. neighbors have to be afraid of. She said she visits other busiri s because of Artistic Urges. She said Artistic Urges is a i store and is an asset to Golden Valley. She adde of this mess and her livelihood is being taken-a ned d an was o ing the n Valley I not a retail houldn't suffer because Larene Lampert, 5901 Laurel Avenue, sai be opposed to this proposal because n salon will have the same amount of tra space in the building next to the n 9 pm. She said she sees no pro Chris Keiser, 7123 33rd Av for 10 years. She said t she considers "hair thera believe that anyone would ge in the neighborhood. The r, tc. She said she has office 'mes she has meetings that end at a great business in Golden Valley. rystal, said she has been going to Artistic Urges es is because it is a one-on-one situation that Faith Woodman, 14 quality busine h such an unple Golden V y Road, said she supports DeVonne and this is a addened for the neighbors because this has turned into n and she hopes Artistic Urges can continue to operate in Michelle r, haska, said she finds it hard to believe that Artistic Urges moving a s the oing to change anything in the neighborhood. She said she also finds ard t lieve that the City of Golden Valley allowed building permits to be pulled for so 0 wasn't supposed to be there. She said that should not fall on DeVonne or affect h ility to do business. She said she doesn't find Artistic Urges to be any different than a travel agency or any other type of professional service use. Gerald Savage, 1132 Welcome Circle, said he is not directly involved with the amended covenant but he relies on the integrity of the Planning Commission and the Council. He said the City needs to look at the way this whole process was handled. He said there are other areas in Golden Valley where the applicant could relocate and urged the Planning Commission to stick with agreements that have been made. . <. . Minutes of the Golden Valley Planning Commission October 22,2007 Page 15 Hugh Maynard, 1420 Spring Valley Road, said he is a real estate lawyer and he has looked at the covenants and he agrees with the City Attorney that 5 of the 9 adjacent properties can amend the original covenant. He said these people have signed an amendment, they've agreed to this amendment and now they are changing their minds. He said he thinks this location for the hair salon is an improvement for everyone over the existing location and the hair salon space faces the freeway side of the building not the neighborhood side. Paulette Giese, 5545 Golden Valley Road, said she was excited to sig covenant when she was told that all 9 adjacent property owners had it to be amended. She said she trusted what she was told and she' c Planning Commission to do the right thing. She said she hopes w is as important as what attorneys have to say. She said she t covenant to say that it couldn't be amended for 30 years. S to balance all the different opinions. John Giese, 5545 Golden Valley Road said he did opinion was the language in the amended cove speak with his own attorney. He said he is at thi neighbors and reiterated that he feels they y Attorney and his bl and that he should t of respect for his other 4 ted. Grimes referred to a letter that he wrot that the City was not a party to the enforce covenants. o od on May 3, 1985 that stated . is not the City's obligation to Pam Wandzel, 1220 Welc it is just that something covenant to protect their all 9 adjacent prop w orth, said she has nothing against Artistic Urges rong and the neighbors are relying on this he sa 'she also understands the covenant to read that e to sign for a covenant to be amended. DeVonne Rein at she really wants people to know that she did not intentionally mi e said she was under the impression at first that she did need all 9. owner's signatures in order to amend the covenant. It wasn't until W 10 that she was informed by the building owner and his attorney Iy needed 5 signatures to amend the covenant. She said to her k ledge all the adjacent property owners a copy of the amendment because she Id n expect anyone to sign it without seeing it first. She clarified that when she re . Giese's signature he offered to help her so she told him that there was one neigh who was vehemently opposed to the amendment and he offered to talk to this neighbor for her. She said she is adamant that she did not mislead anyone. Keysser asked for clarification on how at first the amendment seemed to need 9 signatures and then it ended up only needing 5 signatures. Hogeboom explained that at first staff was under the impression that an amendment would need all 9 signatures but then received a letter from the building owner's attorney stating that an amendment to the covenant would only require 5 signatures and the City's attorney agreed. . . . Minutes of the Golden Valley Planning Commission October 22, 2007 Page 16 Marilyn Miller, 1316 Welcome Avenue North, said that on October 8 the applicant said she needed all 9 property owner's signatures, on October 10 she found out she only needed 5 signatures and then on October 12 she raced to County to file the amended covenant after 4 signatures were obtained. She a.sked why DeVonne didn't come back to the neighborhood and clarify that the amendment would only take 5 signatures to amend. She said it is deceitful because people were not given the opportunity to sign it or not after it was discovered that only 5 signatures were required. She asked who at the County notarized the signatures on the amendment. Keysser read the notary's name on the documents. Reinhardt-Brock stated that the reason she raced to the County to amendment filed was because she needed to be on this Planni the opening of her business wouldn't be further delayed. She being sneaky and she didn't feel it was necessary to go bac they were really sure they wanted to sign the amendment the t nda so ntion of ask them if igned. John Giese, 5545 Golden Valley Road, said he h she knew he was not in favor of the amendment to rescind his signature. He said that he is talkin him something he believes them. with the applicant and arning that he wanted r and when someone tells Chris Wester, Champlin, said if he wer want to see Artistic Urges move to demolished. He said that the ap already in this neighborhood. H clients are trying to help ge business she just wants cent property owners he would d have her former location not moving into this neighborhood, it is onn . out of business right now and her ess. He added that she's not soliciting new r, more professional setting. Pat Mattson, 1215 Artistic Urges being retail uses in t h, said she signed the petition and she is okay with ation but she is concerned that there will be a lot more s allowed to operate there. d Lane North, Plymouth, said she's been a client of Artistic Id that she can see everyone's point of view on this. She can ncerns about traffic, etc. but Artistic Urges is already a part of the ow. 220 Welcome Avenue North, asked about the restrictions regarding what direction IC Urges would face. Hogeboom said the Artistic Urges would face east. Wandzel said the windows and the entrance would face north and there would be parking on the north side. She asked who notarized the 5 adjacent property owner's signatures and stated that by law the signatures on the amended covenant should have been notarized otherwise it is not a legally binding document. Cate Silverman, 16425 Birch Briar Trail, Plymouth, said she's been following this process and she'd like to ask for the mercy of the neighborhood because they already have Minutes of the Golden Valley Planning Commission October 22,2007 Page 17 . Artistic Urges as a neighbor and it is the intent of the building owner not to let other retail uses operate in the building. Paulette Giese, 5545 Golden Valley Road, discussed when the sound wall was installed along Highway 100. She said she doesn't trust attorneys and she doesn't trust city councils and she needs to know that no other retail space would be allowed to operate in that building. She wants to know that the City Council is going to back-up the neighborhood because they haven't in the past. She said she doesn't know what the right thing is to do, but she is counting on the Planning Commission to do it. Harry Mustard, 1509 Zealand Avenue North, sai retail and they need to realize that this is a busi and at least the neighbors will know what t id it th and Ity from I name on a ed everyone Alex Morris, Minneapolis, said he is not connected to either side 0 has been a tense meeting and he hasn't heard anyone calming trying to figure out what is best for Golden Valley. He said he' people who want to rescind their signatures but he thinks if piece paper he hopes they would have the integrity to back it take a step back and see what can really be done in t . hung-up on the word Iready in the neighborhood . Bob Olson, FTK Properties, stated that their former location. He said the b this building and that retailers d because it is not visible enough malicious and her name is " es IS Iy moving 163 steps away from <it.. not have entertained a retail use in this property for their businesses I e said DeVonne is not being deceitful or through the mud. comment, Keysser closed the public hearing. d he doesn't think DeVonne or her salon is the issue. e salon to operate in this location will open the door owed there because the amended covenant specifically says inks this salon is more of a professional use and not a retail igns, no drive-throughs and no advertising and all of the other have customers everyday. He said he is having trouble believing ,p the amended covenant without reading it and he doesn't think that e rescinded. He added that he also doesn't see how this use could be to the neighborhood. McCarty referred to the covenant and noted that it states that there would be no warehouse, no manufacturing and no hotel but it does not exclude retail. He added the language regarding amending the covenant is not ambiguous to him. . Kluchka said the Planning Commission should not be discussing the covenant issues because those are legal issues that the building owner needs to work out with the . Minutes of the Golden Valley Planning Commission October 22,2007 l .. ..-- ~ ~Sd\ w...ll Page 18 .~ le.qp {&~ m adjacent property ~rs. He suggested they approve the Conditional Use Permit with the condition that a judge would have the final opinion. Keysser said having a judge make the final decision would be forcing the people involved to go to court. He said he would rather get a written opinion from the City Attorney prior to this proposal going forward to the City Council. Waldhauser said she doesn't want to have the City Attorney's reading of the covenant she just wants to know if a liability for the City is being created by appr or if the City has no responsibility and is not a party in the covenant stated that the City Attorney has said that the City is not part of th 0 but that the Planning Commission could add a condition of appr tha to see something in writing from the City Attorney. Schmidgall said to him this is about the covenant and he is tr been kicked to the curb. He said he thinks the original property owners have to sign in order to amend it. use would open the door to other retail uses and ay it has cl at all 9 adjacent thinks that allowing this support this proposal. . Cera agreed that covenants are a way to thinks the applicant has been left hangi there should be a win-win situation tha temporary Conditional Use Permit temporary Conditional Use Per e leverage. He said he that have happened and e 0 parties happy. He asked if a imes said the City doesn't have Keysser asked the applica business. Reinhardt-8ro massage therapy portion weeknight and wee ho 'nks about reducing her hours or her scope of like to have Sundays available for the sines nd she would prefer not to compromise her ause those book-up first. se should be considered retail and asked what other t is building. Keysser said there are chiropractors, doctors, xplained that the zoning code classifies hair salons as retail Inguish between the various other types of hair salons. He several areeas where barber shops and beauty shops are permitted aving a great deal of difficulty trying to figure out why someone would sign the amen ovenant only if they thought all 9 adjacent owners had to sign it because either you believe the business should be there or you don't. He said that in no way does he feel this use would be damaging or threatening to the neighborhood in any way but there is a legal issue here that needs to be resolved. He said he would support this proposal with some clear legal guidance. . Kluchka said he is against the Planning Commission making legal judgment on a document because the City is not even a part of the covenant agreement. Eck said that in . 1. 2. 3. 4. 5. 6. 7. 8. . VI. . Minutes of the Golden Valley Planning Commission October 22, 2007 Page 19 that case the Planning Commission needs to accept what is before them. Waldhauser said she would like to know for sure that the City has no involvement. MOVED by McCarty, seconded by Waldhauser and motion carried 6 to 1 to recommend approval to allow the operation of a hair salon at 1405 Lilac Drive North, located in the Business and Professional Offices zoning district with the following conditions. Schmidgall voted no. All signage must meet the requirements of the City's sign code. The number of clients visiting the salon in anyone day is limited t Operations must remain free of harsh chemicals, as stated in t Conditional Use Permit. The hours of normal operation shall be as follows: Monda Friday 10 am to 5 pm and Saturday - Sunday 9 am to 3 All aspects of Artistic Urges, LLC (signage, windows, vent east (toward North Lilac Drive). All improvements to the building must meet th All necessary approvals must be obtained-by Cosmetologist Examiners before business s All other applicable local, state and fed r r ode requirements. rd of Barber and e. hall be met at all times. Reports on Meetings of the H Council, Board of Zoning elopment Authority, City "Meetings VII. Other Business Waldhauser discus Conference she attended. VIII. . Planning 763-593-8095/763-593-8109 (fax) Date: November 1, 2007 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Conditional Use Permit (CUP) to Allow Auto Sales and Auto Repair and Service at 7500-7550 Wayzata Blvd.-Wagener Properties, LLC, (Morrie's Cadillac and Saab), Applicant . Morrie's Cadillac and Saab (Wagener Propertieg, LLC) have entered into a purchase agreement with Rick Meyer to purchase the former Suburban Goodyear Tire buildings located at 7500-7550 Wayzata Blvd. Morrie's plan is to use the two buildings for the sale of autos and for the repair and service of autos. The 7550 building is proposed to be used for service of autos and the 7500 building will be used primarily for sales. Currently, Morrie's is leasing the property from Mr. Meyer for storage of autos, warehousing and employee parking. In order to use the former Suburban Tire buildings for auto repair and auto sales, the issuance of a conditional use permit (CUP). Staff has reviewed the files for both 7500 and 7550 Wayzata Blvd. in order to get the history of the properties. In 1955, a Sinclair gas station was constructed at 7500 Wayzata Blvd. (the corner ofWayzata Blvd. and Pennsylvania Ave.). In the mid-1960's, an addition was constructed on to the west end of the Sinclair gas station. The building located at 7550 Wayzata Blvd. was constructed in 1961. The building was constructed for the Goodyear Tire store and for a tire recapping operation. In the late 1960's, the owners of Suburban Goodyear purchased the Sinclair station and incorporated it into the Suburban Tire operation. City records indicate that the underground gas tanks were removed in 1990. Until the Goodyear store closed a couple of years ago, both buildings were used continuously by Suburban except for short term rentals of the building since Suburban Tire closed. . As stated above, these two buildings were used by Suburban Tire for retail tire sales and service since the late 1960's. The east building was operated as a Sinclair gas station with service until Suburban Tire purchased it. In the 1950's and 1960's, the City's zoning code permitted auto sales and auto repair without a conditional use permit (CUP) within the Industrial zoning district. The City's zoning code was changed since that time to require conditional use permits for car sales, gas stations and auto repair in the Industrial zoning district. Therefore, the Suburban Tire has operated as a nonconforming use over the past years doing auto repair and service. This auto service and repair use could continue but it could not be expanded or changed. With the addition of car sales to the site, the site must now be brought into conformity by obtaining a CUP. 1 . This property is within the 1-394 Corridor Planning District. The 1-394 Corridor Study that has been recommended by the Planning Commission to the City Council calls for a new mixed-use land use designation and zoning for this area. However, the City Council has not yet adopted the finding of the study which would become a part of the Comprehensive Plan. Therefore, this proposal must be considered under the current zoning (Industrial) that permits auto sales, repair and service as a conditional use. Description of Proposal Morrie's plan for the former Suburban Tire buildings is to use the buildings for auto repair and service along with limited auto sales. The west building (7550) would be used for auto servicing and repair. As shown on the attached site plans, primary access to the west building would be from the driveway off Wayzata Blvd. There is also an overhead door at the northeast corner of the building that would allow access from the Pennsylvania Ave. driveway. The existing 7500 building would be used for auto service and auto display and sales. The plans indicate that they will be improving the building elevations by adding new awnings and stucco EIFS fascia. They also indicate that there will be new signage and lighting that will meet the current City standards. The architect for this project, Steven Fichtel, is the same architect that has planned the renovation of the main Morrie's Cadillac and Saab building to the east. . The site plan indicates various improvements to the existing site. Currently, the front parking areas are paved but with no curb and gutter. The rear of the 7500 building is gravel. The plan is to repave the entire site with bituminous and have concrete curb and gutter around the perimeter of the site as required by City Code. In addition, there will be a driveway connection between the parking lots in from of each of the buildings. This connection will allow for better flow of traffic. The new site plan indicates a total of 37 parking spaces. The nine spaces along Wayzata Blvd. will be the prime spaces for cars that are displayed for sale. The site plan also calls for the reduction of two driveways from this property to Wayzata Blvd. and Pennsylvania Ave. S. The two new driveways will be located at the far northeast and southwest corners of the site that will maximize distance of each driveway from the street intersection. The staff believes this is a significant improvement to the site. Also, the site plan allows for a good flow of traffic, allowing someone to drive into and out of the site at either access point. The new plan also calls for a grass planting area along both Pennsylvania Ave. and Wayzata Blvd. There is currently no grass or green area along either street. City Engineer Jeff Oliver, PE, has prepared a memo regarding the development plans. With certain conditions, he recommends approval of the CUP. His memo is to me dated Oct. 30, 2007. Factor for Consideration In recommending approval or denial of a CUP, the zoning code requires that the Planning Commission must make findings on ten specified factors. Staff evaluation of those factors as they relate to the current proposal is as follows: . 1. Demonstrated Need for the Use: The City's standard basis for determining need is that an applicant has identified a market for the proposed good or service. In this case, 2 . . . Morrie's has decided that additional space is needed for the repair and sales of new and used cars in conjunction with the remodeled Morrie's Cadillac Saab dealership to the east. 2. Consistency with the Comprehensive Plan: The Comprehensive Plan Map identified the proposed site for Industrial uses. Car sales and repair, by conditional uses, are considered consistent with this land use designation. Since the 1960's this property has been used for automotive uses including a service station and tire sales. 3. Effect on Property Values in the Area: Since there are similar uses in the area including new car sales and car repair, this CUP will not have a substantial impact on property values. With the upgrading of this building al'Jd site, it should have a positive impact on the area. 4. Effect on any Anticipated Traffic Generation upon Current Traffic Flow and Congestion in the Area: The proposed CUP will allow car repair and limited car sales. Since this property has been used over the years for car repair, the amount of traffic to and from the site should be no greater than when Suburban Tire was operating at the site. Car sales have a peak traffic time in the evening and weekends when there is excess capacity on the street system. Since this property is not adjacent to any residential uses, the impact on residents should be minimal. The elimination of two driveway opening to the two adjacent streets is an improvement to the operation of the site. 5. Effect on Increase in Population: Because this is a commercial use, the permanent population of Golden Valley will not increase due to the business. There will be employees that will add to the City's daytime population. 6. Increase in Noise level: The staff has no reason to expect that noise impacts will extend beyond the site. This property is adjacent to 1-394 that has a significant noise footprint. There will be a condition that requires that no outside microphone be uses on the site. 7. Any Odor, Dust, Smoke, Gas, or Vibration Caused by the Use. This type of car sales and auto repair is not expected to cause any issues related to odor, dust, gas or vibration. There will be no auto body work done at this site. 8. Any Increase in Flies, Rates, or other Vermin in the Area Caused by the Use: It is not anticipated that this type of car sales and repair operation will increase any of these animal pests in the area. Any garbage dumpster or recycling containers will have to be screened or stored inside. 9. Visual Appearance of the Proposed Structure or Use: The buildings visual appearance will be improved as part of the CUP. The site will also be improved by the paving of the lot, curb and gutter, designating of 37 parking spaces and grass planting along the streets. All lighting and signage will have to meet the current City sign and lighting standards. 10. Other Concerns Regarding the Use: Staff does not foresee any other issues related to this CUP. Recommended Action: Staff recommends approval of the CUP to allow Morrie's Cadillac and Saab to use the properties at 7500 and 7550 Wayzata Blvd. for car sales and auto repair and service. The staff is recommending the following conditions: 1. The property shall be used for the sale of vehicles (cars and light trucks) and for the service and repair of light trucks and cars. This does not include a body shop. 2. The maximum number of cars and light trucks that are parked on the site shall be limited to 37 as per the attached site plan prepared by Steven Fichtel Architect and dated 10/8/07. At least four of the parking spaces shall be designated for customer parking. 3. All signage and lighting of the site shall meet the requirement of current City Code. 3 . . . 4. The exterior of the buildings shall be remodeled as per the plans prepared by Steven Fichtel Architect and dated 7/6 /007. 5. As indicated on the survey prepared by Gronberg and Associates, Inc. and dated 8/2/07, the areas between the parking areas and the street curb along Pennsylvania Ave. S. and Wayzata Blvd. shall be seeded with grass or have sod placed. Some of the grass or sod will be on City or MnDOT right-of-way. This grass area shall be maintained by Morrie's. If the grass dies, it shall be replaced by Morrie's. 6. The recommendations found in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development and dated October 30,2007, shall become a part of this recommendation. 7. The recommendation found in the email from Deputy Fire Marshall Ed Anderson to Lisa Wittman, Administrative Assistant to the Planning Department, and dated October 18, 2007 shall become a part of this plan. 8. No outside speakers shall be permitted on the site. 9. All garbage and recycling containers shall be screened or stored within a building. 10.AII outside storage of materials (other than vehicles) shall be kept inside a building or screened from view of the street. This includes tires. 11.AII other applicable local, state, and federal requirements shall be met. 12. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. Attachments: Location Map (1 page) Aerial Photo of site (1 page) Memo from City Engineer Jeff Oliver dated October 30, 2007 (2 pages) Email from Deputy Fire Marshal dated October 18, 2007 (1 page) Photos of site (10 pages) Site Plans (3 oversized sheets) 4 . . . ~~Jfm 1If.~, FI,4!,Yl'!, U\dc ~ ti: Wl 1:: Vall ey Public Works 763.593.8030 I 763.593.3988 (fax) Date: October 30,2007 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Subject: Proposed Conditional Use Permit: 7500 and 7550 Wayzata Boulevard Morries Automotive Public Works staff has reviewed the proposed Conditional Use Permit (CUP) for the properties at 7500 and 7550 Wayzata BoulEWard. The proposed CUP is located in the northwest quadrant of the Wayzata Boulevard (Interstate 394 north frontage road) and Pennsylvania Avenue South. Site Plan: The existing parcels within this CUP have four driveways onto Wayzata Boulevard and Pennsylvania Avenue South. The developer has proposed elimination of two of the driveways, with the two remaining access points located in the northeast and southwest corners of the site, maximizing the distance of each driveway from the intersection. The existing parking lot north of 7500 Wayzata Boulevard is gravel with no concrete curb and gutter. The developer is proposing the installation of concrete curb and gutter and paving of this parking lot. The developer will be required to obtain a City of Golden Valley Right-of-Way Permit for the proposed driveway and associated sidewalk work. The application for this permit is available in the Public Works Department. All new driveway aprons and sidewalks must be constructed to the appropriate City standards, which will be available at the time of permit application. The proposed driveway work will not be permitted by the City of Golden Valley until the spring of 2008 to avoid temporary asphalt patches over the winter. Because Wayzata Boulevard is within the right-of-way for Interstate 394, the developer must contact the Minnesota Department of Transportation to determine if permits are required. G:\Developments - Private\7550 Wayzata CUP\CUP Review 103007.doc . .. . Utilities: Both of the existing buildings within this CUP are served with City sanitary sewer and water from facilities within Pennsylvania Avenue. It is staff's understanding that the parcels within this CUP are being transferred to the Morries Automotive Group. Therefore, the parcels must obtain a Certificate of Inflow and Infiltration Compliance as required by Section 3.31 of Golden Valley City Code prior to selling or transferring the title to the properties. The developer should contact the Public Works Department to schedule appointments for the sanitary sewer inspection required as part of the ordinance. Gradina. Drainaae and Erosion Control: This proposed CUP is within the Sweeney Lake sub-district of the Bassett Creek Watershed and is therefore subject to the Bassett Creek Water Management Commission (BCWMC) Requirements for Improvements and Development Proposals. Because the proposed CUP will disturb less that one-half an acre ot land, the BCWMC policy requires that storm water best management practices be implemented during development of the site. ~. The developer will also be required to obtain a City of Golden Valley Grading, Drainage and Erosion Control Permit. The permit application includes the requirement that a grading plan prepared to City standards be submitted for review and comment. The permit applications and the plan standards are available in the Public Works Department. The developer is proposing the installation of a catch basin within the parking lot to provide storm water drainage from a portion of this site. The proposed catch basin will connect to a City storm sewer in the intersection. Therefore, a storm sewer permit and right-ot-way permit will be required for this work. Recommendations: Public Works staff recommends approval of the proposed Conditional Use Permit for Morries Automotive at 7500 and 7550 Wayzata Boulevard subject to the comments contained in this review, and subject to the comments of other City staff. 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\7550 Wayzata CUP\CUP Review 103007.doc Wittman, Lisa ,". 'v',' .,. '.V'"V'_''~''''''' "...,.v.~..,v"."_,,,"__",","'''_' '.. ". ."....w."v.... .~m~."^....~"...~.'''--^,-,.... ...v._...w............v,... .". ...w,,".w,.~...._. _'__'''',_VW''''_'' ,~^,w.~._.v.....,....,.=,...,~....... ....._.',.......,,~-....,,~,~,.' '"'' "v", . "',...~' V,O.' .,," "W."'.' ~"~v...."'" "V"V""''''''''''-'''' - ._.. ,.....".... "".. .'''v.'''''''- 'v......,,__...'....~.... From: Anderson, Ed e: Thursday, October 18, 2007 7:10 AM To: Wittman, Lisa Subject: 7500 and 7550 Wayzata Blvd. Lisa, I have reviewed the site plans for the Morrie Cadillac 7500 and 7550 Wayzata Blvd. No official comments from the Golden Valley Fire Department re: this improvement to the site. Recommendation: Fire suppression system should be installed for each entire building 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 eanderson@Molden-val~.mn. u~_ t'. . . 10/22/2007 .