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07-27-98 PC Agenda . . . I. AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting - Council Chambers Golden Valley City Hall, 7800 Golden Valley Road Monday, July 27, 1998 '. 7pm Approval of Minutes - July 13,.1998 II. Informal Public Hearing - Subdivision - Golden Hills. West 4th Addition Applicant: Address: Request: Golden Valley Housing and Redevelopment Authority (HRA) That area surrounded by Laurel Avenue, and immediately abutting properties, on the north, 1-394 on the south, Colorado Avenue on the west, and the CyberOptics and Holiday Inn Express on the east and also Lot 2, Block 1, Glenway Slopes 4th Addition and the parcel of land immediately to the west, both lying north of Laurel A venue. To consolidate and then subdivide the properties shown south of LCilurel Avenue which will then be sold for redevelopment. The properties lying north of Laurel A venue are not part of any redevelopment efforts. They are included only to clear up errors in the way the property boundaries are described, to Officially establish the limits of Laurel Avenue, and provide for a clear map of some important utility. easements that exist only as written document descriptions. III. Informal Public Hearing - Preliminary Design Plan Review - Golden Valley Corporate Center, P.U.D. No. 78 Applicant: Address: Request: MEPC American Properties, Inc. 5900 Golden . Hills Drive and the Southeast Comer of Laurel Avenue and Colorado Avenue Review Preliminary Design Plan for PUD No. 78 to establish a two-building office/light industrial campus; the existing CyberOptics building at 5900 Golden Hills Drive will remain in place, with a new building to be constructed on the westerly half of the site IV. Informal Public Hearing - Subdivision (Lot Consolidation) Applicant: Address: Request: Border Foods, Inc. 6620 Wayzata Boulevard and 950 Florida Avenue .South Golden Valley, Minnesota To consolidate the lots at 6620 Wayzata 8lvd. and 950 Florida Avenue South v. Informal Public Hearing - Conditional Use Permit Applicant: Border Foods, Inc. . Address: 5520 Wayzata Boulevard and 950 Florida A venue South Golden Valley, Minnesota " Request: To allow, by Conditional Use Permit, a Class II restaurant (Taco Bell) in the Industrial Zoning District VI. Reports on Meetings of the Housing and Redevelopment Authority, City Council and Board of Zoning Appeals VII. Other Business VIII. Adjournment Planning Commission Guidelines for Public Input The Planning Commission is an advisory body, created to advise the City Council on land l.Ise. The Commission will . recommend Council approval or denial of a land use proposal based upon the Commission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. The Commission holds informal public hearings on land use proposals to enable you to leam, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Commission's recommendation, in reaching its decision. With the completion of the informal public hearing(s) there will be a short recess before the Commission continues with the remainder of the agenda. To aid in your understanding and to facilitate your comments and questions, the Commission will utilize the following procedure: 1. The Commission Chair will introduce the proposal and the recommendation from staff. Commission members may ask questions of staff. 2, The applicant will describe the proposal and answer any questions from the Commission. 3. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Chair may set a time limit for individual questions/comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions/comments. 4. Please give your full name and address clearly when recognized by the Chair. Remember, your questions! comments are for the record. 5. Direct your questions/comments to the Chair. The Chair will determine who will answer your questions. 6, . No one will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit YOl.lr second presentation to new information, not rebuttal. 7. At the close of the public hearing, the Commission will discuss the proposal and take appropriate action. . Regular Meeting of the Golden Valley Planning Commission July 13, 1998 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, July 13, 1998. The meeting was called to order by Chair Pentel at 7pm. Those present were Chair Pentel and Commissioners Kapsner, Martens, McAleese and Shaffer; absent were Groger and Johnson. Also present were Mark Grimes, Director of Planning and Development; Beth Knoblauch, City Planner; and Mary Dold, Administrative Secretary. I. Approval of Minutes - June 8. 1998 MOVED by Kapsner, seconded by McAleese and motion carried unanimously to approve the June 8, 1998 minutes as submitted with the correction that Kapsner was not present for the June 8, 1998 meeting; change wording on page 4, paragraph 4, first sentence from "visual wetness" to "drainage issues"; and correct a typographical error on page 7, paragraph 5 from "Direct" to;birector". II. Informal Public Hearina - Minor Subdivision - Medlev Hills P.U.D. No. 76 . Applicant: GV Development, LLC 9100-9165 Medley Road and 9101-9157 Medley Circle Golden Valley, Minnesota Address: Request: To allow each of the 33 townhome units to have up to 240 sq.ft. of both a deck and porch or a 10' x 12' deck or 10' x 12' porch. Director of Planning and Development Mark Grimes briefly reminded the commission that they and the Council recently approved a development project for 33 townhomes at the corner of Medicine Lake Road and Ensign A venue. Grimes explained that the developer, Arne Zachman, approached staff requesting more flexibility for placement of porches and decks onto each of the units. He said at this time there was just a small space at the back of each unit for either a deck or porch and for a patio area to the front of the townhome. Zachman told Grimes that a couple of people have wanted to have greater square footage for decks and/or porches; however in no case could a porch/deck combination be greater than 240 sq.ft. in total. . Grimes said that he had discussed this issue with Gary Johnson, Acting Chief Building Official who commented that in his opinion 240 sq.ft. would not be overwhelming and could be architecturally integrated into the development. Grimes said in order to achieve this, the PUD Permit would need to be amended to allow for the additional square footage. Minutes of the Golden Valley Planning Commission July 13, 1998 Page 2 Arne Zachman, GV Development, LLC, commented that he was looking for more flexibility for placement of porches/decks onto the townhomes. He noted originally, 4- season porches were planned on the corner of each unit, but that he has now had several requests from prospective owners to have more flexibility in the location of the porches and decks. He added that potential homeowners and the association would have to approve all requests and the same materials would be used, as found in the townhomes, and approved by the association before the plans would be reviewed by the Inspections Department. . Chair Pentel asked if the landscaping and lawn care would be handled by one _company; Zachman said yes. Grimes asked Zachman if the patios to the front of the units were at grade level; Zachman said yes and added that this was a suggestion by one of the council members at a council meeting. Pentel opened the informal public hearing; seeing and hearing no one, Pentel closed the informal public hearing. Commissioner Kapsner commented that if an owner wanted to add on an addition sometime down the road that the building permit would then alert the Inspections Department that this proposed addition does not fit. Grimes said that if it would be outside the plans attached to the permit, the PUD would then need to be amended. . Commissioner Shaffer asked if the proposed porch could be 4-season. Grimes said the Inspections Department has determined that a 4-season porch would be outside what is permitted, that only a 3-season porch could be constructed. The commission discussed the difference between a 3-season and 4-season porch. Some were concerned an owner could expand this use by adding a bathroom, then making it an addition instead of a porch. Commissioner Martens suggested defining the porch for 4-season use. Grimes noted that this was not a large space. Pentel commented that she was not concerned about how the 240 sq.ft. of space was used, as either a 3-season or 4-season porch. Commissioner McAleese commented that there is a substantial difference between a deck and 3-season porch and a room addition. He suggested that the porch be limited to 3-season and if an owner wanted something more the permit would then need to be amended. Zachman said that he has legal language drafted stating the size of a porch or deck could go up to 10 feet x 12 feet. Pentel asked if a second story addition could be done. Grimes said that this could be limited through the PUD permit. Knoblauch added that there would be no worry if the amendment was limited to a deck or porch. . Minutes of the Golden Valley Planning Commission July 13, 1998 Page 3 . Zachman said the legal language says that owners would have an option for either a 10 foot x 12 foot porch or a 10 foot x 12 foot deck, which cannot be any larger, or a combination of both. McAleese noted that this specific language is not present at the commission meeting but believes it should be available for review at the council level. McAleese said that theoretically the commission is approving a 240 sq.ft. footprint, but is willing to live with the developer's legal language if it can be incorporated into the permit. Pentel commented that she does not have a problem with the requested 240 sq.ft. and the incorporation of the developer's language. She said she likes the flexibility that owners will be given. MOVED by McAleese, seconded by Martens and motion carried unanimously to recommend approval of the amendment to Medley Hills P.U.D. No. 76 with the addition of the developer's legal language concerning the size of the porch or deck (10 feet x 12 feet) or a combination of both (10 feet x 24 feet). III. Reoorts on Meetinas ofthe Housina and Redevelooment Authoritv. City Council and Board of Zonina Aooeals . Martens reported on the July 7 City Council meeting. Shaffer commented on the BZA meeting of June 23. Knoblauch commented that the council approved, at its July 7 meeting, the Housing Element of the Comp plan with no changes to the plan itself. She said that there were minor updates to the technical background and that an appendix was added. IV. Other Business The commission briefly discussed the issue of housing maintenance in the city. V. Adiournment Pentel adjourned the meeting at 7:55pm. Emilie Johnson, Secretary . . MEMORANDUM DATE: TO: July 23, 1998 Golden Valley Planning Commission Elizabeth A. Knoblauch, City Planner Informal Public Hearing - Preliminary Plat of Golden Hills West 4th Addition - Golden Valley HRA, Applicant - FROM: RE: . This application for subdivision covers all of the remaining redevelopment parcels in the West Area of Golden Hills (location map attached), and extends a short distance beyond Golden Hills on the north side. The area being platted is generally bounded by 1-394 to the south, Colorado Avenue to the west, Laurel Avenue plus two abutting parcels to the north, and previously redeveloped properties to the east (the Holiday Inn Express, a regional storm water detention pond, and the CyberOptics building). All of the affected land is now owned by either the Housing and Redevelopment Authority (HRA) or the City. Demolition and other land clearance has been completed on most of the redevelopment parcels. The last two West Area property owners contested the acquisition in court, delaying clearance activities on their properties until the judge's ruling was handed down on July 11. . What The Proposed Plat Will Accomplish The Golden Hills West 4th Addition (preliminary plat attached) covers about 17.5 acres of land, of which 16.6 acres lie within the Industrially-zoned West Area of Golden Hills and are the main focus of this plat. The subdivision process will consolidate all existing parcels plus some existing street segments within those 16.6 acres, and re-divide the site into two development lots of just over seven acres apiece with related roadway improvements taking up the rest of the area. This will eliminate several obstacles to redevelopment, including parcels too small for optimal light industrial use, parcels with no street access, a plethora of public and private easements crisscrossing the area, and assorted gaps or overlaps in parcel descriptions. An extended Golden Hills Drive will run between the two lots to join with a slightly re-aligned Colorado Avenue, improving traffic circulation in both the West and Central Areas of Golden Hills and allowing removal of the existing frontage road. The Holiday Inn Express will have access to the new road system through a driveway extending north between the pond and the railroad . tracks, and will also be given a permanent easement over to Colorado A venue across the southerly 4th Addition lot. Traffic will continue to use the existing frontage road while the new road system is under construction, but the road must be officially vacated in order to record the 4th Addition plat; the City will retain a temporary access easement for the interval betwee'n vacation of the existing road and completion of the Golden Hills Drive/Colorado A venue connection. Because the 4th Addition abuts an interstate highway, the City is required by law to submit a copy of the plat for review by the Minnesota Department of Transportation. Staff have not yet received any written comments, but have been working with MnDOT for several months on frontage road issues affecting both the West and Central Areas of Golden Hills, so no big surprises are anticipated. The two parcels of land lying north of Laurel A venue are not part of any redevelopment efforts, and there is no intent to market or develop them for any type of use other than what is there now. The land is owned by the City for permanent greenbelt, road, and utility purposes, and is zoned 1-4 Institutional. In acquiring both parcels several years ago, the City agreed to certain deed restrictions that limited how the land could be used and under what conditions the City could sell it off at any future time; the repfatting process will not alter the deed restrictions in any way. This area has been included in the plat for purely administrative reasons. Some of it has never been platted, and there is a gap between the platted portion and the supposedly abutting plat on the east. The northerly limits of Laurel Avenue have never been legally defined across either parcel, and there are some important utility easements that now exist only as written document descriptions. The 4th Addition plat will clear up the title gap, officially establish the limits of Laurel Avenue, and provide a clear map of the utility easements. . . Platting Requirements Because the 4th Addition includes a new street as well as some never-before- platted property, it must be considered as a full subdivision rather than under the more streamlined minor subdivision requirements. This is the preliminary platting stage, in which City Code Section 12.11 calls for information to be provided on a variety of existing conditions, subdivision design features, and miscellaneous other characteristics, all of which can be summarized for the 4th Addition as follows: Existing Conditions A. The boundaries of the plat are clearly indicated, as required. B. Existing zoning is 1-4 Institutional north of Laurel Avenue and Industrial south of Laurel. C. Total approximate acreage is 17.5. D. The plat provides all required information on existing streets and other public rights-of-way or easements within its boundaries and around its perimeter, as well as information on existing buildings 2 . (most of which have since been demolished) and other improvements within and adjacent to the plat. E. The plat provides all required information on existing utilities within its boundaries and around its perimeter. F. Boundary lines of adjacent properties are shown on the location map for this plat, with certain key points identified on the plat itself. G. The plat reflects the required topographic and related data. Subdivision Design Features. Much of this information is required for staff review only, so the City's Engineering Department can ensure at an early point in the process that all infrastructure improvements are being planned according to minimum established specifications. In this case, the City's own HRA is the subdivision applicant, and much of the design work is being done in-house. The more specialized infrastructure design plans (as noted below) have not been physically submitted to the Planning Department as part of the application packet, because they would only be handed right back to Engineering staff. A. All proposed streets are shown on the plat, and all rights-of-way south of Laurel Avenue do meet the minimum requirements for streets serving industrial areas. B. Standard utility easements as required along all proposed property lines are shown on the plat. There are still some questions about which of the already-existing, non-property-line easements must remain in place, but the Engineering Department will ensure that all necessary utility lines are protected by an appropriate easement area. C. The Engineering Department is working on the final design plans for all proposed streets, and calculations show that anticipated surface water run-off can be accommodated in the adjacent detention pond per previous design plans. D. Center line gradients for all proposed streets have been established as part of the Engineering Department's design process. E. Existing sewer lines and water mains will be retained or relocated as necessary. F. Layout, numbers, and dimensions of all proposed lots are indicated on the plat, and each lot as proposed does meet the requirements of the applicable zoning district. G. Building setback lines are not shown on the plat, due to the proliferation of other, more important information. Staff will note them on a display exhibit at the informal public hearing. H. Other than streets and utility easements, the plat will not dedicate any land to the public. The land north of Laurel Avenue, which is already owned by the City for public purposes, will remain so designated. . . 3 . I. Most of the area being platted is virtually flat. The Engineering Department will ensure that any additional site grading conforms to established street grades, and will provide_ for adequate site drainage as required. Other Information A. As noted earlier, the lots north of Laurel A venue will continue in their present state. The northerly redevelopment site abutting Golden Hills Drive is part of a proposed Planned Unit Development along with the adjacent CyberOptics site, and will feature a one-story officellight industrial facility similar to the existing building. The redevelopment site to the south of Golden Hills Drive will hold either a third office/light industrial facility or an all-office building. B. There will be no restrictive covenants recorded as part of the 4th Addition. Previous deed restrictions on the lots north of Laurel Avenue will remain in place. C. There are no zoning changes contemplated in conjunction with the 4th Addition. . Action Recommended at This Time Staff recommend approval of the preliminary plat for Golden Hills West 4th Addition, conditioned only on meeting such requirements as may be forwarded by MnDOT. Attachments: · Location Map · Preliminary Plat (attached) . 4 1 :: 1..4u I?e- I r- J\1Q ~ -U.D I ~ ~ I ... I .. . ~ I I I I I I I , ~I ~I I I I I: 2 <~ ~~ . .. ~ .. ~- :--- . "0" "'.... ~~ . 3,QI I., " 7;IZ47 - - - 5'1, DD{ /tjJ 32"."e o .. C> .. "1.14 \.:- .""~ ~"'Z....., ..;... .GOLDEN . . "JI ~",DCtt ItIUS D.'vC HILC-S WE~T I I I I 3R:O . J" i- < ~ m .. ~'I' ___Ul.__. :. ~ Ol~ .....gl~ --~~~- ~'~ :. .. ~ "" . g~ ~!.... ..I Jt1L ._'-j HI -111 10. .,' "'U ~ I ~ Subject Property s : ,.... ..... ,. I.d.. ..__ I ~.u j\) . t . . . MEMORANDUM DATE: TO: - FROM: RE: July 23, 1998 Golden Valley Planning Commission Elizabeth A. Knoblauch, City Planner Informal Public Hearing -- Preliminary Design Plan Review for Proposed P.U.D. No. 78, Golden Hills Business Park; 5950 and 6000 Golden Hills Drive; MEPC American Properties, Applicant BACKGROUND This proposal involves the existing 7.5 acre CyberOptics site plus 7 acres of vacant land abutting CyberOptics to the west (see Location Map, attached). Both lots are located in the West Area of the City's Golden Hills Redevelopment Area, and the applicant has been formally designated by the City's Housing and Redevelopment Authority (HRA) to undertake this project. MEPC proposes to construct an approximate "mirror image" of the existing development on the vacant lot, with the overall site designed to function as a campus setting (see Preliminary Plan Set for additional details). The intended office/warehouse/manufacturing uses of both lots are in keeping with .existing zoning and redevelopment plan designations. The PUD process will establish the exact terms under which the campus will be developed and operated. There are two stages of approval for any PUD proposal. This is.the first, or Preliminary Plan stage. Its purpose is two-fold: to give the proposal a broad concept approval, and to call out issues that must be addressed in detail as the applicant advances to General Plan stage. Preliminary Plan approval gives an applicant some assurance of being on the right track, and some guidance on how to proceed, but does not guarantee that a proposal will become reality. In the case of the Planning Commission in particular, the limitations of Preliminary Plan approval are clearly laid out. City Code Sec. 11.55, Subd. 6.D states that: liThe Planning Commission's consideration of the application shall be limited to a determination of whether the application constitutes an appropriate land use under the general principals and standards adhered to in the City and, if necessary, its report shall include recommended changes in the land use planned by the applicant so as to conform the application or recommend approval subject to certain conditions or modifications." . ELIGIBILITY OF APPLICATION PUD's are regulated under City Code Section 11.55. Four subdivisions of that section come into play when screening PUD applications for eligibility. Each is discussed below. After considering the Golden Hills Business Park proposal in view of all four subdivisions, staff find that the proposal is eligible as a PUD and may enter the Preliminary Plan stage of application. PUD Definition -- PUD's are defined in Sec. 11.55, Subd. 2. This proposal fits under the terms of Subd. 2.A.5, which allows two or more structures on two or more lots as long as the combined area is larger than one acre and the PUD plans cover the entire area. It also fits under the terms of Subd. 2.A.6, which allows any formally designated redevelopment site to be considered as a PUD. PUD Purpose and Intent -- Applications must also meet the general purpose and intent of PUD's in Golden Valley, set out in Sec. 11.55, Subd. 1. The PUD process is intended "to provide an optional method of land use regulations which permit design flexibility by substantial variances" from standard zoning provisions; its purpose is to encourage "the use of contemporary land planning principles and coordinated 'community design." As has been noted in connection with other recent development proposals, the unified campus concept fills this purpose, and it cannot be accomplished under standard zoning. Standards and Criteria for PUD's -- City Code establishes basic requirements for different types of PUD in Sec. 11.55, Subd. 5. Business or industrial uses are addressed in Subd. 5.C. Of eight items listed, one does not apply in this case. The others will be formalized in various plans and agreements, some of which are not required until the General Plan stage of application. The list is as follows: 1. The pu~ must have at least 100 feet of frontilge on a public street. Golden Hills Business .Park will have more than ample frontage on both Laurel Avenue and Golden Hills Drive. 2. All development must be served by public sewer .1nd w.1ter, .1nd Ore hydr.1nts must be instillled .1ccording to 3 pl.1n .1pproved by City Stilff Water and sewer lines are available at the site. Detailed planning for utility service to the proposed second building will come with the General Plan, though a preliminary utility plan has been submitted for Engineering review. 3. The m.1teri.11s used .1nd locadon of .1ny neceSSiJry tadlides for the surtace dr.1inage system must meet requirements estilblished by the City Engineer. A preliminary grading and drainage plan has been submitted for the second lot; drainage on the CyberOptics lot is adequate. 4. The endre site mu~t be p.1rt of the PUD. It is. 5. Off-street p.1rking sp.1ces must be perm.1nendy marked .1nd laid out in accord.1nce with 3 pl.1n .1pproved by the City. Engineering staff are reviewing preliminary plans for the parking and service drive system, and will note any requirements that the applicant must incorporate into the plans before the General Plan stage of application. . . 2 . 6. Provisions must be made for easily accessible off-street loading areas. Engineering review of these provisions will be undertaken as part of #5 above. 7. Private roadways within the PUD must be constructed according to a plan and with the approval of the City Engineer as to type and 10GJdon. There will be no private roads, though there will be one shared access point on Golden Hills Drive. 8. LandsGJping must be based on a detailed plandng plan approved by the City, and must meet established minimum landsGJping standards. Detailed landscape plans are a General Plan requirement, but the applicant has supplied a preliminary plan for the second lot only; no changes are contemplated to the landscaping already installed on the CyberOptics lot. Completeness of Application Packet -- The final screening of any PUD proposal for eligibility purposes is based on Sec. 11.55, Subd. 6.A, which establishes the various components that must be submitted at the Preliminary Plan stage of application. The City is in possession of the required application form, preliminary design exhibits, required mailing list, preliminary plat, and application filing fee, and staff find all components suitably complete for this stage. Several plans, however, show details only for the proposed second building, the idea being that the existing building is not expected to change with PUD approval; while that is acceptable for preliminary review, all plans submitted for the General Plan stage, or required by the City to be attached to the permit itself, should show full details of the entire site for record-keeping purposes. . . PLANNING CONSIDERATIONS The types of issues that come up in connection with PUD applications can vary based on the PUD type and on specific characteristics of each PUD. Concerns regarding the Golden Hills Business Park can be grouped into the categories of zoning trade-offs, compatibility between lots and with adjacent uses, and miscellaneous engineering/construction issues. Each category will be addressed in the fOllowing paragraphs. Zonina -- The "Purpose and Intent" paragraph of the City's PUD requirements makes it clear that a major intent of the PUD process is to "permit design flexibility by substantial variances from the provisions of [the zoning] chapter, . including uses, setbacks, height, parking requirements, and similar regulations." Thus, to some extent, variances are a given with any PUD; that is part of what the process exists to do for qualified PUD applications. Despite the basic intent of the PUD process with regard to variances, the City must ensure that each proposal does not exceed the bounds of good design . practices in the type and extent of variances being requested. To that end, it is useful to have an understanding of how any proposal varies from normal zoning standards. In this case, no variances were needed for the CyberOptics facility, which was built under standard Industrial zoning requirements. A comparison between the specifics of the proposed PUD and the underlying zoning (see 3 . Comparison of Standards, attached) reveals two types of variances now being requested for the overall site: non-street parking setbacks and driveway location. One joint access on Golden Hills Drive lies on the property line instead of being located at least five feet to either side of it. Joint access is one of the more desirable features of campus developments, because it reduces the overall number of driveways required. The applicant will have to prepare an access agreement to ensure that both lots will always have full rights to use the drive. Though the CyberOptics site meets the ten foot parking setback requirement along its west property line, the PUD plans call for that boundary to be moved eastward until it abuts the row of parking stalls. Then another row of parking for the new building will come right up to the other side of the.line, creating the appearance of a single parking lot instead of two separate ones. If there was no property line there would also be no setback problem here, but eliminating the property line would still not result in a fully conforming situation: there would be a two-buildings-on-one-Iot nonconformity instead of a setback nonconformity. Having two lots will make each building easier to finance over time, which in turn makes the property more attractive to investors. In addition to the nonconforming side setback, there will be a street setback nonconformity of five feet for the row of parking spaces along Colorado A venue. The site plans were completed and well under discussion between developer and HRA before it was noticed that existing Colorado Avenue was somehow platted with only sixty feet of right-of-way instead of the seventy feet that code requires for industrial areas. As an existing situation, it could have been left alone, or the assumption could have been made that the ten foot right-of-way shortage will some day be taken entirely from the property on the west side of the street, but neither of those options reflects the City's usual practice. On-site parking is adequate as designed, but in order to remain adequate indefinitely, the CyberOptics building will require a limitation on the amount of office space it can contain. Specifically, parking on that lot will become nonconforming if more than 62 percent.of the building's area is converted to office space. The new building will have adequate parking even if it converts to all office instead of the currently-planned 85 percent office area figure. In a final note on the zoning comparison, location and design of rubbish disposal facilities is unclear from the preliminary plans. Code does require such facilities to be either fully screened or located entirely within the main building. In this case, the preferred option for both buildings is that the dumpsters be kept inside. Internal/External Compatibilitv - This development is supposed to have the appearance and function of a unified campus even though it will be platted with two separate lots; therefore, the PUD permit must include certain provisions to ensure that all owners will work together as necessary to maintain the campus identity over time. Another factor to keep in mind is that the Golden Hills Redevelopment Area was.created specifically to eliminate blighting influences in that part of Golden Valley. The proximity of residential uses to the north, and existing and proposed office redevelopment to the east, call for provisions . . 4 . limiting the PUD to only those Industrial district activities that would not constitute an undue nuisance for the neighbors. The permitted and conditional use lists for Golden-Valley's Industrial zoning district are extensive. Some of the listed uses are not appropriate for this proposed PUD. The applicant has already indicated that only three broad categories of use are contemplated: office, manufacturing, and warehouse. With a few additional qualifiers, those three all appear to be reasonable options for inclusion in the PUD permit. For offices, it should be made clear in the permit that medical offices are excluded. Most outpatient medical facilities have significantly greater parking demand than general offices. City code in fact specifies a higher parking ratio for medical offices; that ratio was not figured into any of the preceding discussion about on-site parking adequacy. There are some office-related services that would be appropriate as accessory uses in either building. Such uses include cafeterias or snack bars, copying and collating centers, mailing centers, or even on-site day care. To maintain their purely accessory status, they could not be advertised to the general public in any way. To help ensure an adequate customer base, the permit could allow advertisement by internal flyer to other buildings in the Golden Hills West and Central Areas if permission is first obtained from those buildings' managers. Because of their limited patronage, any such services would be considered as part of the "general office" occupancy of either building for parking purposes. Warehouse uses would require little or no restriction. Exterior warehouse- related activities are concentrated on the north side of the site, where the seventy-five-foot setback and landscaped berm will help protect the Laurel Hills Condominium residents from any adverse impacts. The PUD permit should prohibit outdoor storage of any materials or equipment. If temporary retail sales as regulated by City code are considered permissible in the warehouse spaces, the permit should say so. If there are concerns about neighborhood noise related to either warehouse or manufacturing uses, the City may want to think about a permit limitation on the hours during which trucks can maneuver around the site and freight can be loaded or unloaded; City code generally provides that outdoor events like parties and' construction projects are prohibited between the hours of 10 PM and 7 AM, but code does not directly address routine business activities on correctly zoned property. The City might also want to look at limiting trash pick- up times. Finally, the City may want to consider prohibiting freight trucks from remaining on-site overnight if those trucks contain refrigerated or other materials that require constant generator power. Certain manufacturing processes can also generate odors or other side effects. If there are concerns about the potential for negative off-site impacts because such processes, the City may want to consider some manufacturing use limitations. In terms of drafting and administering the PUD permit, the easiest solution would be to identify which types of manufacturing uses will be allowed based on existing zoning provisions. With the Light Industrial permitted use list as a guide, four broad types of manufacturing uses would be acceptable: electronics manufacturing; food packaging and processing as long as it does . . 5 . not involve any cooking, heating, smoking, soaking, or marinating; assembly or fabricating of materials except for sheet metal or other metals requiring foundry- type heating; and other light manufacturing uses that would not constitute a nuisance or health hazard to the surrounding neighborhood. On the other hand, technology can address a variety of industrial nuisance issues, so limits on manufacturing uses might alternatively be stated in terms of controlling off-site impacts; instead of prohibiting processing facilities that tend to generate odors, the permit could state that manufacturing uses in general are permitted as long as build-out plans incorporate measures for eliminating the odors - or other potential problems - before their effect can extend beyond the immediate premises. If this type of limitation is used, the permit should also note that the prospective tenant would have to pay for any extra studies or plans to be prepared by specialists of the City's choosing. There would be more flexibility of use, but permit interpretation and administration would become more difficult due to a greater need for staff screening of prospective businesses. In addition to the types of uses appropriate for the site, the permit or other PUD documents should provide direction on how the site itself is maintained and operated. There should be unified or at least complementary design plans for building facades, general campus signage, landscaping, light posts, walkways, tables, benches, and other outdoor facilities and amenities. After the PUD is approved, there should be a cross agreement providing for shared decisions on any future changes to the design of any such facilities and amenities. All outdoor seasonal maintenance should be jointly contracted. Overall site signage and individual business signage have become an issue in at least one recent PUD application. Generally speaking, the City's position is that PUD signage must meet the appropriate standards established in City code. Enaineerina/Construction Issues -- The comments of the Engineering Department (see memo dated July 21,1998, attached) indicate no issues of serious concern, but do note several items requiring some form of follow-up by the applicant. For the most part, this involves the addition of specific details to final plan sheets and/or the use of particular materials or practices during site construction. The applicant will also have to submit grading, erosion and sediment control plans to the Bassett Creek Water Management Commission for review and comment prior to final approval. The Inspections Department comments (see memo dated July 22,1998, attached) provide advance warning of key construction details, many of which will not come up until the structural plans and specifications are drawn up. They also concur with a couple of points noted elsewhere in this memo. As with the Engineering comments, Inspections has noted the need for one outside review that the applicant will have to undergo, in this case by the Metropolitan Waste Control Commission. . . 6 . STAFF RECOMMENDATION Staff recommend approval of the preliminary design plan for the proposed Golden Hills Business Park PUD No. 78, subject to the following additional recommendations: . all plans submitted for the General Plan stage, or required as attachments to the permit itself, are to show full details of the entire site; . landscaping plans are to be given final approval by the Building Board of Review; . the applicant is to prepare an access and maintenance agreement for the joint driveway; . rubbish disposal facilities are to be located entirely within the main buildings and there is to be a limitation on rubbish pick-up times; . clarification of the activities to be permitted in both buildings and on the site in general, which might be limited as follows: . general offices but no medical offices, with the easterly (CyberOptics) building additionally limited to no more than 57,000 gross square feet of office space; . office support services like cafeterias or snack bars, copying and collating centers, mail centers, or day care - no outside advertising allowed, in order to maintain classification as limited accessory uses; . . warehouse uses; . temporary retail sales as regulated by City code; . manufacturing uses with additional limitations -- if necessary - based on either a list of specifically permitted or prohibited uses or on reasonable control of negative off-site impacts; . no freight truck maneuvering or freight loading or unloading between the hours of 10 PM and 7 AM; . no freight trucks containing refrigerated or other materials that require constant generator power allowed on site between the hours of 10 PM and 7 AM; . no outdoor storage of any materials or equipment; . unified or complementary design plans for all outdoor facilities and amenities on both lots, with an agreement providing for shared decisions on long-term maintenance and on any future changes to such facilities and amenities; .. . an agreement providing for joint contracting of all outdoor seasonal maintenance; and . signage to meet the standards established in City code; . . all proposed legal agreements are subject to review by the City Attorney at the applicant's expense; 7 . · the applicant is to address all requirements and comments set out in the Engineering Department memo dated July 21, 1998; and · the applicant is to address all requirements and comments set out in the Inspections Department memo dated July 22, 1998. . 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COMPARISON OF STANDARDS: INDUSTRIAL ZONING vs. GOLDEN HILLS BUSINESS PARK PUD Industrial Zoning PUD Proposal Permitted Uses: Extensive list, including Proposed Uses: Office, manufacturing, office, manufacturino, and warehouse. and warehouse Minimum Setbacks: Proposed Setbacks: - Street: Street: Colorado/GH Drive - 35 Feet Both Buildings Okay All Streets Laurel- 75 Feet 30 Ft. Parking on Colorado Side & Rear: Side & Rear: 20 Feet for Structures Both Buildings Okay 10 Feet for Parking Zero Ft. Parkino Between Lots Minimum Lot Coverage (Bldg.): Proposed Lot Coverage: 50 Percent 26-29 Percent, Both Buildinas Maximum Building Height: Proposed Building Height: 45 Feet (3 Stories) 21-25 Feet, Both Buildings Minimum Yard Screening: Proposed Yard Screening: Across From Residential - Existing Berm Will Be Extended 6-Foot-High, Opaque Dumpsters/General Storage - Unclear From Plans 6-Foot-Hioh,Opaaue Minimum Driveway Spacing: Proposed Driveway Spacing: From Drive To Intersection - 50 Ft. All Okay From Drive to Property Line -5 Ft. Zero Ft. Joint Drive - Others Okay From Drive to Drive -25 Feet All Okay Minimum Loading Areas: Proposed Loading Areas: 1 Per Business or 1 Per 20,000 SF Both Buildinas Okav Bv SF Minimum Parking Spaces: Proposed Parking Spaces: Office - 1 Per 250 SF East Building Okay With Cap of Mfr./Whse. - 1 Per 500 SF 62% (57,000 SF) Office Space West Building Okay up to 100% Office Space . MEMORANDUM DATE: JULY 21, 1998 MARK GRIMES DIRECTOR OF PLANNING AND DEVELOPMENT JEFF OLIVER, P.E. ~~ ASSISTANT CITY ~R PRELIMINARY DESIGN PLAN REVIEW FOR GOLDEN HILLS BUSINESS PARK P.U.D. TO: FROM: SUBJECT: Engineering staff has reviewed the plans submitted for the proposed Golden Hills Business Park P.U.D. The plans included only the north building on the proposed site. It is our understanding that the southern building, which is adjacent to 1-394, is not included in the P.U.D. Further, we understand that the developer will submit the required plans for the south b~ilding shortly. General Comments: . 1) The subdivision ordinance requires that local streets within industrial areas have a minimum of 70 feet of street right-of-way. Colorado Avenue is classified as a local street and currently has only 60 feet of right-of-way. It is recommended that an additional five feet of street right-of-way dedicated on the east side of Colorado Avenue with this development. Should the property on the west side of the roadway redevelop, the remaining five feet of right-of-way should be dedicated at that time. The additional five feet of right-of-way will also provide adequate space for construction of the proposed sidewalks along Colorado Avenue. 2) All plans should include the location of the following sidewalks: a) On the east side of Colorado Avenue between Laurel Avenue and Golden Hills Drive. b) On the east/south side of Golden Hills Drive from the existing 1-394 Frontage Road to the railroad tracks to the east of this site. . 3) As shown, the plans indicate connecting the proposed parking lot with the existing parking lot at the adjacent CyberOptics building. This large single parking lot is to be served by a single driveway access onto Golden Hills Drive. Staff approves of this configuration as long as the new driveway, which aligns with the proposed driveway into the south building, is maintained as shown. . GradinQ. Drainaae and Erosion Control: 1) The storm water quality and quantity requirements for this development have been accounted for in the pond located south of Golden Hills Drive adjacent to the site. Therefore, no additional storm water ponding is required. However, the plans will be subject to the review and comment of the Bassett Creek Water Management Commission for erosion and sediment control issues. 2) The location of all eJosion control measures must be shown on the grading plan. This includes the locations of all gravel construction entrances, catch basin inlet control measures and other pertinent measures. . 3) The grading plan must include a maintenance and inspection schedule for all erosion control measures. This must include a schedule for sweeping adjacent streets during the construction process. All adjacent streets must be swept daily, or as directed by the City, to remove all accumulated materials. Failure to perform any street sweeping within 24 hours of notice to do so by the City will result in the work being performed by the City and all associated costs billed to the contractor. The removal of accumulated materials on streets during the winter must also be accounted for. 4) A detail for catch basin inlet protection after paving is placed, must be provided on the plans. Utilities: 1) The Utility Plan must show the existing watermain along the east edge of the site on the CyberOptics site. This watermain must also connect to the proposed watermain in Golden Hills Drive. 2) The plan should show a wet tap of the existing watermain on the east edge of the site. 3) Golden Valley code requires the placement of drainage and utility easements across all privately owned watermains. Therefore, there must be 20 foot wide drainage and utility easements placed over the watermains on this site, with the mains centered in the easement. These easements may b shown on the plat, or they may be recorded as a separate document following construction. 4) All sanitary sewer pipe on site must be SDR 26 PVC. . . Conclusion: Engineering staff recommends approval of the preliminary design plan for the Golden Hills Business Park based upon the comments contained in this review. Please call if you have any questions. C: Mark Kuhnly, Chief of Fire and Inspections . . . . . MEMORANDUM DATE: July 22, 1998 TO: Mark Grimes Director of Planning and Development FROM: Mark Kuhnly, Chief of Fire and Inspections Gary Johnson, Building Official SUBJECT: Preliminary Must submit application for Board of Building Review. Relocate hydrant located on center island south side of building to north side of same island. P.1. V. required on water main servicing sprinkler system. Water service designed to supply adequate flow for domestic and sprinkler system whether separate or combined. Service not shown on utility plan. Building must be built to the fire code, building code, plumbing code, and mechanical code in effect at time of permit issuance. There is no landscape plan in the set of drawings that were reviewed. Signage shall meet City ordinance. Provide one (1) hour separation.between office space and warehouse. Plans to be submitted to the Metropolitan Waste Commission to determine SAC units before issuance of permit. . MEMORANDUM DATE: TO: FROM: RE: July 22, 1998 Planning Commission Mark W. Grimes, Director of Planning and Development CONSOLIDATION OF TRACT A, R.L.S. NO. 961 AND LOT 3, BLOCK 1, GOLDEN PLAZA 1ST ADDITION (PROPERTIES AT THE NORTHWEST CORNER OF FLORIDA AVE. S. AND WAVZATA BLVD.) - BORDER FOODS, APPLICANT. . Border Foods, a franchise owner of Taco Bell restaurants, has requested a consolidation of two lots located on Wayzata Blvd. The purpose of the consolidation is to provide for a larger lot for a new Taco Bell. The existing Taco Bell at 6620 Wayzata Blvd. is to be tom down and replaced with the new store. The car wash to the east has been purchased by Border Foods in order to provide for the larger site. (Border Foods is also requesting a Conditional Use Permit for the new restaurant, which will be considered at this same meeting.) The consolidated lot would be a total of 1.5 acres in size. The existing Taco Bell lot is .53 acres and the car wash property is .98 acres. The new lot would be the location for a 2,600 sq.ft. Taco Bell with a drive-thru window. The new restaurant would meet all parking and setback requirements. The property is designated on the Comprehensive Plan Map for Industrial purposes. This type of restaurant is considered to be consistent with that designation in Golden Valley. The property is zoned Industrial. Fast food type restaurants with drive-thru windows are permitted with a Conditional Use Permit in the Industrial district. Properties to the north, east and west share the same Comprehensive Plan designation and zoning. The property across 1-394 in St. Louis Park is business/commercial in nature. The proposed consolidation meets all the requirements for a lot in the Industrial zoning district. The 1.5 acre lot is large enough that a future building may be constructed on the new lot so as to meet all required setback requirements. The proposed consolidation would require the owner to dedicate to the City of Golden Valley an additional five feet of right-of-way for Florida Avenue South. The subdivision code requires that streets in the Industrial zoning district must be 70 feet in width. Because Florida Avenue South is only 60 feet wide, the policy is that each side of the street dedicate half the needed right-of-way if there is a subdivision of that property. The other five feet would come from the properties along the East Side of Florida Avenue South. (Additional right-of-way will not be required along the frontage road because this is a state road.) The additional . . street width is required in the Industrial areas to better accommodate truck traffic and access to businesses. The preliminary plan submitted by Border Foods did not include the additional five feet of right-of-way. Staff did not figure out that there was a need for the additional width until today. Border Foods will be able to amend their site plan for the restaurant to accommodate the additional street width without the need for variances. CONDITIONS FOR APPROVAL OF CONSOLIDATION The subdivision code lists nine areas that must be considered for a minor subdivision or consolidation. Each of the nine areas are listed below with staff comment: 1. The proposed subdivision must meet all the requirements of the appropriate zoning district. In this case, the proposed consolidation meets the requirements of the Industrial zoning district. 2. Consolidations may be denied if the City Engineer determines that steep slopes or excessive wetness encumbers the buildable portion of the new lot. The City Engineer has made no such finding for this lot. 3. Consolidations may be denied if public sewer and water are not directly available to the site. All public utilities are available to the site. 4. Approval of a consolidation shall be conditioned on the applicant's granting all easements necessary for public purposes. These easements will be indicated on the final plat. In this case, Border Foods will be dedicating additional street right-of-way for Florida Avenue South and all necessary drainage and utility easements along lot lines. 5. Where public agencies other than the City have some form of jurisdiction over areas including or directly affected by a consolidation, approval of the consolidation may be conditioned on the requirements of the other jurisdiction. In this case, MnDOT has been contacted regarding their frontage road. They have not yet given the City comments. The City does not expect any negative comments. 6. The City may want to review the title to the property if in the opinion of the City Attorney it is in the best interest of the City. Staff will discuss this matter with the attorney. Because the City will be obtaining street right- of-way and easements, the attorney may recommend reviewing the title. 7. Consolidations may be denied if the City Engineer determines that the new development will cause undue strain on adjacent roads or other public systems, or have an adverse impact on surrounding properties. In this case, the City Engineer believes that there are adequate roads and public facilities to handle this new restaurant development. 8. There may be a park dedication required. In this case, staff will not recommend a park dedication because of the reduction in the number of lots and businesses. 9. Only the effect of the proposed consolidation on the eight previous issues constitutes the grounds for denial. In this case, staff believes that this consolidation satisfies the concerns of these nine issue areas. . . 2 . RECOMMENDED ACTION Staff recommends approval of the proposed consolidation of these two parcels at the northwest comer of Florida Avenue South and the Wayzata frontage road. The proposed consolidation meets the requirements of the subdivision code. The new lot will provide a better site for the proposed Taco Bell restaurant. Staff is recommending the following conditions to approval: 1. The final plat indicates the dedication of an additional five feet for Florida Avenue South. 2. All necessary drainage and utility easements be shown on the final plat as required by the City Engineer. 3. If required by the City Attorney, a title opinion shall be prepared for the City prior to final plat approval. The applicant shall pay the cost of the title opinion. Attachments: Location Map Survey included with Conditional Use Permit Plans . . 3 -~ ~ ~ J <:.<'~ a .0t - ,., .. ., ~ . 2 . A '0 ~ 5'8" ~9.J.'.: :in: -- ,;.:.e :='6 .... , '. t\ .... :! ~ .~ ~t.: ..... " 0;:. ~. ~, ... " ~~ "'\... ... .. :f .. :':f, . , " l;l :; :>.. ./- :: LAU1<~L W :::l Z l&J ;() .~ ~4~ -, , r~ :: ., .to 4 .. " '0 ..... . Of' ~. , :E 585: ~ c. l&J a::: r t Cf') Q) .. a.. u :E ~ <t r : ;: .'j..~ ~ - - - - - - _ _ _ -, -- -,:,;., t ~ It', :: :"c: .1.,,: _, !':': .,:".,~ _ _ t - ~ .... ....~lD :- I . '': ""~-4c,c. E's '" - ;,,'. ~:'4. . -q,:~- I C;:Q.'~ '5.~ f. .J'. ~ . .,. u , . , -<la() . . .. 53" "l;~, {1':J~ - , :;-.~';' "'. , , o ,t ~ "t'! '!:c.i . 2 . 6(;~ -: ;;.,~-.,:- -!;; ~: ----- Jc. -'; - s. ~c: -c";'-~~ i:eS. ~~ ':- .IS -{.~ !dS" : c.. "8 r "'. .)3 ....io..""'.t:1..~.~ -8"E ...:. - ';:8 32 .\d....J".>2p.r .', ~~ 'IE. ::t. o ... '1' ~~e.'~;~,.. 3, ~ - ~ - . . ':":..... ~..;.'" : .~. -~.. ..... ;" ~/c -. .~ l' N n. -.. .... c l~:~ c' ill 'f .. , .... '. z~,,~ ,- - I . i I I 'r I s: .. .. ,.,. , . '~ .. . '" .. I DA ~~ 0 F I ~ R=-("S~~~EC! - I SJP /c... NC 6 F '" Q./'? -. ..... v. ...... ' ~ I ~ o<::i. .. ~, ,~ (;' ~t ~ .~ '!l '?~ v .~ : . { I-? ~ .~ ,.v .:. ... ~ I. .~. :8 I ~. ~ 'r , ~ ., '. . . , It ---.-- {..-. --~ 18' ..... ,,,,,r,r. 'f' .,s. ... '4'.-.5 .. .a J.I r 'J. "J .... .... .. ,'Ot). S O?- . ~~ y\... ?-~ t).0 ':: ~ Y..S~ i ~ "'... ~ ,~ \0 - ~ '0'0' .t). C<4C I " ~. .. "'. \} t.. -~ - ~ ., I , ~ .~ -00 ... ~o J :'" 2 , . ":..- <, : ~ .~ :~. . 0 ..'\ vi .: r: .~ , ..../"1" .~ ".~ t '.It I "'1;; . I ."_ ..: . .-.;." ..~.-- ~ : -_1"10 J..':'.L-~i'_~,_ . --.- - I ~ .. ~ " .I, -.II ...~ "-0" -- _ 's" ,', -- 1 ~~:.~:~ .---- "" - ;~ ST. LOUIS PARK ~ ~8; ";1 ~ I, ..~- I, . '. .. ".. , - , -..J - I.... ., ",. : J.; .. - -..., .,;;. .... ':~4.~ .. """ -~ .,) '" -..... -!.,! -.....~- -. ;, . MEMORANDUM DATE: TO: FROM: RE: July 22, 1998 Planning Commission Mark W. Grimes, Director of Planning and Development CONSOLIDATION OF TRACT A, R.L.S. NO. 961 AND LOT 3, BLOCK 1, GOLDEN PLAZA 1ST ADDITION (PROPERTIES AT THE NORTHWEST CORNER OF FLORIDA AVE. S. AND WAVZATA BLVD.) - BORDER FOODS, APPLICANT. . Border Foods, a franchise owner of Taco Bell restaurants, has requested a consolidation of two lots located on Wayzata Blvd. The purpose of the consolidation is to provide for a larger lot for a new Taco Bell. The existing Taco Bell at 6620 Wayzata Blvd. is to be tom down and replaced with the new store. The car wash to the east has been purchased by Border Foods in order to provide for the larger site. (Border Foods is also requesting a Conditional Use Permit for the new restaurant, which will be considered at this same meeting.) The consolidated lot would be a total of 1.5 acres in size. The existing Taco Bell lot is .53 acres and the car wash property is .98 acres. The new lot would be the location for a 2,600 sq.ft. Taco Bell with a drive-thru window. The new restaurant would meet all parking and setback requirements. The property is designated on the Comprehensive Plan Map for Industrial purposes. This type of restaurant is considered to be consistent with that designation in Golden Valley. The property is zoned Industrial. Fast food type restaurants with drive-thru windows are permitted with a Conditional Use Permit in the Industrial district. Properties to the north, east and west share the same Comprehensive Plan designation and zoning. The property across 1-394 in St. Louis Park is business/commercial in nature. The proposed consolidation meets all the requirements for a lot in the Industrial zoning district. The 1.5 acre lot is large enough that a future building may be constructed on the new lot so as to meet all required setback requirements. The proposed consolidation would require the owner to dedicate to the City of Golden Valley an additional five feet of right-of-way for Florida Avenue South. The subdivision code requires that streets in the Industrial zoning district must be 70 feet in width. Because Florida Avenue South is only 60 feet wide, the policy is that each side of the street dedicate half the needed right-of-way if there is a subdivision of that property. The other five feet would come from the properties along the East Side of Florida Avenue South. (Additional right-of-way will not be required along the frontage road because this is a state road.) The additional . . street width is required in the Industrial areas to better accommodate truck traffic and access to businesses. The preliminary plan submitted by Border Foods did not include the additional five feet of right-of-way. Staff did not figure out that there was a need for the additional width until toda}i. Border Foods will be able to amend their site plan for the restaurant to accommodate the additional street width without the need for variances. CONDITIONS FOR APPROVAL OF CONSOLIDATION The subdivision code lists nine areas that must be considered for a minor subdivision or consolidation. Each of the nine areas are listed below with staff comment: 1. The proposed subdivision must meet all the requirements of the appropriate zoning district. In this case, the proposed consolidation meets the requirements of the Industrial zoning district. 2. Consolidations may be denied if the City Engineer determines that steep slopes or excessive wetness encumbers the buildable portion of the new lot. The City Engineer has made no such finding for this lot. 3. Consolidations may be denied if public sewer and water are not directly available to the site. All public utilities are available to the site. 4. Approval of a consolidation shall be conditioned on the applicant's granting all easements necessary for public purposes. These easements will be indicated on the final plat. In this case, Border Foods will be dedicating additional street right-of-way for Florida Avenue South and all necessary drainage and utility easements along lot lines. 5. Where public agencies other than the City have some form of jurisdiction over areas including or directly affected by a consolidation, approval of the consolidation may be conditioned on the requirements of the other jurisdiction. In this case, MnDOT has been contacted regarding their frontage road. They have not yet given the City comments. The City does not expect any negative comments. 6. The City may want to review the title to the property if in the opinion of the City Attorney it is in the best interest of the City. Staff will discuss this matter with the attorney. Because the City will be obtaining street right- of-way and easements, the attorney may recommend reviewing the title. 7. Consolidations may be denied if the City Engineer determines that the new development will cause undue strain on adjacent roads or other public systems, or have an adverse impact on surrounding properties. In this case, the City Engineer believes that there are adequate roads and public facilities to handle this new restaurant development. 8. There may be a park dedication required. In this case, staff will not recommend a park dedication because of the reduction in the number of lots and businesses. 9. Only the effect of the proposed consolidation on the eight previous issues constitutes the grounds for denial. In this case, staff believes that this consolidation satisfies the concerns of these nine issue areas. . . 2 . RECOMMENDED ACTION Staff recommends approval of the proposed consolidation of these two parcels at the northwest corner of Florida Avenue South and the Wayzata frontage road. The proposed consolidation meets the requirements of the subdivision code. The new lot will provide a better site for the proposed Taco Bell restaurant. Staff is recommending the following conditions to approval: 1. The final plat indicates the dedication of an additional five feet for Florida Avenue South. 2. All necessary drainage and utility easements be shown on the final plat as required by the City Engineer. 3. If required by the City Attorney, a title opinion shall be prepared for the City prior to final plat approval. The applicant shall pay the cost of the title opinion. Attachments: Location Map Survey included with Conditional Use Permit Plans . . 3 -~ ~ ~ J <<'~ <' ~- ., ~ .- ,. Ow _'3 J1...~.'tl"<<'; .~"E !dS' : c.;. ~S , , '. l' ~:: ':" .IS ..:. .. 2 ,. ~. ,'" . ~ ~t ~~ ,e .., C . .>. 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