05-27-97 PC Agenda
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AGENDA
GOLDEN VALLEY PLANNING. COMMISSION.
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers - .
Tuesday, May 27, 1997
6pm -
I. . Approval of Minutes .. May 12, 1997
II. Informal Public Hearing- Amendment to the Comprehensive Land Use
Plan Map
Address: Portion of Property Located at 825 No. Lilac Drive
Purpose: To .changetpeComp. Plan Map from Single Family (Low Density
to Industrial (Industrial, TermimlllWarehouse and Radio)
III. informal Public Hearing - Rezon-ing-
Applicant KaRS, .Inc.
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Address: Portion of Property-located at 825 ~o. Lilac Drive
Purpose:
To rezol1ea portion of the 'property_ at 825 No. Lilac Drive from
Open Devf;!lopment to the Radio and TelevisionZoning District.
IV. Informal Public Hearing - Minor Subdivision (Lot Consolidation)
, Applican~: KQRS.lnc.
,Address: . Portion of Property located at825 No! LilacDrive
Purpose. To consolidate a portion of the property at 825 No. Lilac Drive '
with 917 No. Lilac Drive,. . The:proposed piece of property will be
used for parking.
- SHORT RECESS-
m. Reports on Meetingsof'the Housing and Redevelopment Authority, CitY
Council anc;f Board of Zoning Appeals
. IV. Other Business
V. Adj~umment
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, "The Plahnin~ Commi~sion is an advisory ~dy. cri;!atedto advise the CityCouncilon land use. The Commission will
recommend Council approval or denial ofa landu'se proposal based upon the Commission's determination of
whettie~theproposed use Is permitted under the Zoning Code and the Comprehensive Plan. and whether the
proposf:tJ usewill.or Will not; adversely af(ectthesurroundlng neighborhood. '
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. The CQl)'tmlssfon holds Informal pUblicheanngs on land use proposals to enable you tOleam, first-hand, what such
; proposals are,and to permit you toaskqu$stlons :and offer comments. 'Your questions and comments become part
'of the record andwill be used by the Counpll. along with the Commission's recommendation, In reaching Its
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Wtthth~completionofthelnformal pUblicliearing(s) there will be a short rece~before the commission continues
wlththe:'remalnderofthe agenda. .J i -,
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.. Toaidlriyourunperstandingal'idto facilitate yourpomments and questions. the Commission will utilize thefonoWing
procedtJre: - '- - "',
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-.,TheCommissionChalr willlntrodu~ the proposal and the recommendation from staff. Commission
::membersmay ask questions of s~ff. ' ,
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,;!the proponent will describe _the pr9posal ~nd answer any questions from the Commission.
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'::rhe ChairwiUopen the PUbllcheanng, asking firstforthosewhowish,to'speak'to so Indicate by raising their
bandS. The Chair may Set a timeUfnit'for,individual'questions/comments if a --large number,of persons have
lndicateda desire to speak. ' SPQkCltspersons for groups will have a longer peri()d of time for questions/-
comments. ' ::' -
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Please give youtfull name and addressplearly when recognized by ,the, Chair. Remember, 'your
R!JestionSlcommentsare for the re90rd.: ' , ,
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. Dlrectyour:questions/comments to the Chair. TheChairwlll determine who will answer your questions.
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one will be given the opportuoity tosp$ak a second time until everyone has had theopportul1ityJo speak'
Pleaselimltyoursecorid presentation to new infOrmation, not r~buttal.
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ClOse of the public hearing,,,e COmmiSsion will discuss the proposal and take appropriate action.
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Regular Meeting of the
Golden Valley Planning Commission
May 12, 1997
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting
was called to order by Chair Pentel at 7pm.
Those present were Chair Pentel and Commissioners Groger, Kapsner, Lewis,
McAleese; absent were Johnson and Prazak. Also present were Mark Grimes, Director
of Planning and Beth Knoblauch, City Planner.
I. Approval of Minutes - April 28. 1997
Moved by McAleese, seconded by Groger and motion carried unanimously to approve
the April 28, 1997 minutes as submitted.
II. Informal Public Hearing - Conditional Use Permit
Applicant:
Hennepin County Property Services
Address:
7155 Madison Avenue West, Golden Valley, Minnesota
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Purpose:
To allow for the use of a detention facility in the Institutional
(1-3) Zoning District
Director of Planning and Development, Mark Grimes, gave a brief summary of his staff
report to the Commission dated May 7, 1997. Grimes told the Commission that
Hennepin County made the request for a Conditional Use Permit (CUP) on behalf of the
Hennepin County Department of Community Corrections. The permit is needed in order
to allow a juvenile detention center at 7155 Madison Avenue West in the Institutional
District.
Grimes reviewed previous recommendations by the Planning Commission to change the
Comprehensive Plan Map from Industrial to Semi-Public Facilities and the Zoning Map
from Industrial to Institutional.
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Director Grimes gave brief history of the 7155 Madison Avenue West property noting
that the site, in the past, was used as a girl's group home. He said that the site had
been marketed for the past few years as a group home. Grimes said that Hennepin
County told staff that it has a need for additional space to house juveniles and believes
this site would work. Hennepin County and the neighboring businesses have had a
couple of meetings regarding the use of the site and whether to renovate the existing
structure or design a new building. It seemed to be the consensus that a new designed
building would look more aesthetically pleasing than the eXisting building. In order to
construct the new building, the Council would have to approve a Compo Plan Map
amendment, Zoning Map amendment and a Conditional Use Permit. Grimes said the
Council would be holding a public' hearing for a Comprehensive Land Use Plan Map
Minutes of the Golden Valley Planning Commission
May 12,1997
Page 2
amendment and Zoning Map amendment on May 20. He explained that the proposed
building would not meet all the required setbacks and Hennepin County would have to
appear before the Board of Zoning Appeals on May 27. If the Board approves the
requested variances, the Council, at its June 3 meeting, will then review Hennepin
County's request for a CUP or hear an appeal if the BZA did not grant the requested
variances.
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Grimes again said that the CUP would allow a 16-bed juvenile detention facility in the
Institutional (1-3) District. He told the Commission that Hennepin County has submitted
a covenant agreement which states that this facility will be used for this purpose. The
covenant agreement will be made a part of the conditions for this CUP.
Grimes explained that juveniles would first be booked at the downtown Minneapolis
facility and then would be brought to the Golden Valley site. He talked about the length
of stay, off-site food preparation, visitation and number of officials on the site.
Director Grimes reviewed the setback issues and the need for variances on the east and
south sides of the property, with the construction of the new building. He then reviewed
the "ten factors for consideration". (Nothing outstanding was noted in these ten factors.)
Grimes said that the existing structure will be demolished and a new building
constructed which should be an enhancement to the site and area. Staff believes that
the use of the site as a detention facility would be an improvement over the existing use
and that the covenant agreement would assure that this site be used only as a 16-bed e
detention facility for boys. Grimes reviewed his conditions for granting the CUP as
follows:
1. The Comprehensive Plan Amendment and Zoning Map Amendment for this property
is approved by the City Council.
2. The variances requested to construct the building be granted by the BZA or if denied
by the BZA, approved by appeal to the City Council.
3. The attached site plan prepared by Symees Maini and McKee Associates and
Winsor Faricy and dated May 12,1997 be made a part of the CUP.
4. The "Declaration of Covenants, Conditions and Restrictions" be filed with this
property. .
5. A landscape plan be submitted during the building permit process and be approved
by the Building Board of Review.
6. Any outdoor lighting be approved by the Chief Building Inspector to insure that the
lights do not adversely effect neighboring properties.
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Minutes of the Golden Valley Planning Commission
May 12,1997
Page 3
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7. The detention facility be limited to 16 beds.
8. All necessary permits for construction are obtained from the City, County and State.
9. There shall be no outdoor storage of goods, supplies or equipment unless screened
so it is not visible from the street or adjacent properties.
10. The uses on the site shall meet all applicable City, State and Federal regulations.
11. Failure to comply with one or more of the above conditions shall be grounds for
revocation of the CUP.
Commissioner Lewis asked Grimes about item 8(8) of the covenants. She wanted to
know if this meant that the City could sue to enforce the covenants if Hennepin County
was not abiding. Grimes said that the language in the covenant is standard language,
and if Hennepin County made a change it would have to be approved by the City.
Commissioner Pentel asked how the City would know if Hennepin County was not
abiding by the covenant. Grimes said that the City would have to trust Hennepin County
or there would probably be complaints from the neighboring businesses. He continued
saying that the Inspections Department and/or Police Department probably would be
e making routine yearly checks.
Commissioner Lewis asked about item 1 of the covenant regarding no adults or persons
who would be tried as an adult be housed at this facility. Grimes commented that
Hennepin County could better answer this question. Commissioner McAleese said that
he believes that item 1 is a promise by Hennepin County that persons being housed at
this site will be considered juveniles and not treated as adults; Grimes agreed and said
that once a juvenile is verified as an adult, they would not be sent to the Golden Valley
site.
Commissioner Groger asked Grimes about the length of stay for juveniles and Hennepin
County's requirement to send these persons to school. He was concerned that if the
time limit was not met, would this cause more traffic due to transportation from the
Golden Valley facility to the Minneapolis facility to school these juveniles. He said he
found nothing in the covenant which covers this topic. Grimes answered that Hennepin
County would need to provide schooling for juveniles if they were kept longer than 14
days. He said that schooling is provided at the downtown facility, but that Hennepin
County has told staff that seven days would be the average length of stay for a juvenile
at the Golden Valley facility. Grimes also said that the juveniles at this facility are waiting
for a court appearance, and therefore, their stay would not be that long. Grimes
suggested that maybe there could be a monthly or yearly report stating the length of
time a juvenile was at the site. Chair Pentel said that Hennepin County must have their
own regulations regarding this subject.
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Minutes of the Golden Valley Planning Commission
May 12,1997
Page 4
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Commissioner McAleese asked Grimes about the recommended language change to
the covenant, as noted in his memo on page 2, regarding the detention facility use
falling under a Conditional Use Permit rather than it being a nonconforming use as noted
in the "Recitals". McAleese wanted to know if this change should be a condition or just
a change before it comes to the Council. Grimes said that he would be talking with
Hennepin County and requesting that they change the language in the "Recitals". That
this would not need to be a condition of the CUP.
Sig Fine, Director of Correctional Institutions for Hennepin County, commented that this
facility would be for short-term, male, juvenile offenders for pre-trial, age 16, for not
more than 14 days. This facility is intended to help accommodate the facility downtown,
which would have the responsibility of housing the more dangerous kids. He said that
the Golden Valley facility would be secured and well staffed. He said that due to
meetings with the neighborhood businesses, the business owners felt that if there were
a wall around the facility, theywould feel better about the site, along with an enclosed
sally port for egress and ingress. Fine said that because of these additions the building
was enlarged which affected the setbacks. He noted that this site is very small. Fine
believes that Hennepin County has been very forthcoming and will be good neighbors.
Chair Pentel asked if the downtown facility ever had to be evacuated. Fine said once
due to a bomb scare and persons were moved to the recreation yard. He said this could
happen at this facility but the juveniles would be evacuated to the recreation yard until a ..
Hennepin County squad could evaluate the situation. Fine said that there has only been .,
one escapee from the downtown facility in the past 15 years.
Chair Pentel asked if clients and staff would be allowed to smoke in the building. Fine
said they would not and would probably be going outside on their break to have a
smoke. He said that all Hennepin County facilities are smoke free but the grounds are
not.
Commissioner Kapsner asked if the juveniles have any interaction with the community
regarding dental or doctor appointments or schooling. Fine said that there is a contract
for medical needs, and physicians would visit the site as needed and if there is a need
for a clinic or hospital visit, this would be done through a supervised transportation to the
Hennepin County Medical Center.
Director Grimes asked how many juveniles would be transported to the facility in Golden
Valley each day. Barb Kam, Acting Division Manager for the Juvenile Detention Center,
anticipated three transports of juveniles per day along with two transports of food, one
for lunch and one for dinner, and one other transport for laundry pick-up and drop-off.
Chair Pentel opened the informal public hearing.
Duane Devereaux, property owner of 2370 and 2455 Louisiana Avenue North, believes
this should be called a prison, because people are being locked up. He believes that
properties values in the area will depreciate and an appraiser should evaluate this. He
believes this is an expensive piece of land to put this type of facility on in an Industrial
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Minutes of the Golden Valley Planning Commission
May 12,1997
Page 5
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area. Mr. Devereaux said he was worried about the type of people that would visit the
site. He believes that the size of the property is not efficient because there is no room
for expansion, no cooking and laundry facilities, and little parking. He believes this is the
poorest use of land in the Industrial District.
Chair Pentel closed the informal public hearing.
Chair Pentel asked if visits would have to be scheduled and would they occur during day
time hours. Kam said that visiting hours would be day and evening time hours. She
said visits are allowed only to parents or custodial adult, Le. grandparents.
Pentel asked if there had been any crime if) downtown Minneapolis related to the
juvenile facility or because of visitors to the facility: Kam said none that she or Mr. Fine
could say was directly related.
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Commissioner Kapsner said that Mr. Devereaux had concerns that were brought up at
the previous meeting of the Planning Commission, on the subject of buddies coming to
visit their friends in the facility. He said he was reassured that there would be no contact
over the wall or unsupervised contact, and only parents and legal guardians would be
able to visit. Kapsner continued talking about the cost of land for this facility saying that
there could be less expensive land but there may be a problem with putting this type of
facility in a residential area and believes that the land cost is justifiable. Kapsner said he
supports the proposal.
Commissioner Groger said a concern he has is with the expansion of the site and the
substantial variances which would need to be granted for the construction of the
building. Groger continued by saying that the CUP is a valid proposal over what is there
now.
Commissioner Lewis supports the proposal and believes that this use is a better fit in
the Industrial district than a Residential district. She believes that we need this type of
facility in the suburbs.
Commissioner McAleese supports the proposal along with the changes made at the
meeting for the Comp Plan Map amendment and Zoning Map amendment. He said he
would recommend a change to condition 2 that the CUP shall not be issued until the
variances requested have been approved.
Chair Pentel thanked Mr. Devereaux for his comments and told him that some of these
issues had been previously addressed. Pentel believes that the facility will be secure
and will not have an affect on the surrounding neighborhood. She also said that the
building to be built will enhance the area more than what is existing, and that the City
could have had another group home go into this site, as is. Pentel supports the
proposal.
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Minutes of the Golden Valley Planning Commission
May 12,1997
Page 6
MOVED by McAleese, seconded by Kapsner and motion carried unanimously to
recommend to the City Council approval of the Conditional Use Permit to allow for a
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Boy's Juvenile Detention Center at 7155 Madison Avenue West, along with the 11
conditions as outlined in the staff memo, with a change in language to Condition 2 to
read as follows: The CUP shall not be issued until the variances requested, to construct
the building, be granted by the BZA or if denied by the BZA, approved by appeal to the
City Council.
III. Reports on Meetings of the Housing and Redevelopment Authority,
City Council and Board of Zoning Appeals
No reports were given.
IV. Other Business
No other business was discussed.
V. Actjoumment
Chair Pentel adjourned the meeting at 7:45pm.
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Emilie Johnson, Secretary
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MEMORANDUM
DATE:
TO:
FROM:
RE:
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May 20, 1997
Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearings on the following items: 1) Comprehensive
Plan Map Amendment for a portion of property located at 825 Lilac
Drive North from Low Density Residential to Industrial; 2) Zoning
Map Amendment for a portion of property at 825 Lilac Drive North
from Open Development to Radio and Television Zoning; and 3)
Minor Subdivision to consolidate a portion of property at 825 Lilac
Drive North with the property at 917 Lilac Drive North - KQRS, Inc.,
Applicant
KQRS has entered into an agreement with John Carson, owner of the property
at 825 Lilac Drive North. The agreement entails Mr. Carson selling 24,403 sq.ft.
of his 75,358 sq.ft. homesite to KQRS in order that the radio station may expand
their parking lot by another 40 spaces. The property to be sold by Mr. Carson to
KQRS is at the southwest comer of the his property. It is currently vacant and
wooded. His house is located on the same lot closer to Lilac Drive: In 1994,
KQRS purchased about 15,900 sq.ft. from the Carson homesite to expand their
parking lot which is directly north or the property that is planned to. be sold to
KQRS. In 1994, KQRS purchased the property from Mr. Carson in order to
provide additional parking to accommodate the 1994 addition to the KQRS
building.
COMPREHENSIVE PLAN MAP AMENDMENT
In order to permit the sale of this 24,403 sq.ft. property to KQRS, three actions
must be taken by the City. First, the Comprehensive Plan Map must be
amended from Single Family (low density residential) to Industrial for the
property to be sold to KQRS. State law requires that the Comprehensive Plan
Map and Zoning Map be consistent. The staff is recommending that the
Planning Commission also consider changing the Comprehensive Plan Map for
the 15,900 sq.ft. area that was sold to KQRS in 1994. At that time, staff did not
recommend amending the Plan Map due to the small size of the parcel.
Amending the Plan Map to Industrial for this site seems to be the logical
progression for development in this area. In 1994, whenKQRS purchased the
15,900 sq.ft. from Mr. Carson, they also reached agreement to purchase the
remainder of the Carson property when Mr. Carson was prepared to sell. Due to
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the future widening of TH 100 by the MnDOT, it appears that the entire Carson
homesite will be purchased by MnDOT within the next year. I am attaching a
copy of the preliminary design for TH 100 and the frontage road system near
KQRS and the Carson homesite. Because the future frontage road will basically
surround the Carson house and come very close to i.t, MnDOT has determined
that a complete purchase of the homesite is warranted. Because the portion of
the Carson property that is proposed to be purchased by KQRS is not
specifically needed for right-of-way, KQRS may purchase this property from Mr.
Carson and reduce the amount of property that needs to be purchased by
MnDOT. The property that is within the proposed frontage road "ring" (where the
Carson house exists) will not be developed due to the slope of the property and
the potential need to use this site for drainage purposes. Because of this future
frontage road alignment, the 24,000 sq.ft. to be sold to KQRS is too small to be
developed for any other type of industrial or office type use by itself. The only
practicable use of the property is adding it to the KQRS parcel.
ZONING MAP AMENDMENT
The second action that is necessary for this sale of the Carson property to KQRS
is the amendment to the Zoning Map. The Map currently indicates this property
as zoned Open Development as is all the Carson property. (The property that
was sold to KQRS by Mr. Carson in 1994 was rezoned from Open Development.
to the Radio and Television District.) There are few parcels remaining in the City
with the Open Development designation. The Open Development designation is
a remnant of the original Zoning Code adopted by the City around 1940. This
Zoning District category allows for very few uses other than open space. The
existing residence may stay on the property as a nonconforming use.
The request is to amend the Zoning Map to Radio and Television to allow for the
expansion of the KQRS parking lot by about 40 spaces. Because this property
owned by the Carson's could not be used on .its own due to its small size, the
only logical use is to add it to the KQRS property. KQRS has no plans to add
floor space to their building. They do need additional parking to meet the
demands of their existing business, even though they meet the existing parking
requirements for their studio use. KQRS has grown over the past year because
they have taken on another radio station.
As stated above, MnDOT currently plans to acquire the Carson property for TH
100 expansion. (See attached preliminary plans.) This preliminary plan
indicates how access will be provided to the KQRS site after the construction of
the new frontage road after 1998. KQRS has met with MnDOT and they find the
new access acceptable. With the new loop frontage road, the proposed parking
area expansion may not meet the required 35 foot setback from the new road.
The new parking area will be constructed 25 feet from the Carson property to the
east. This meets the required side yard setback for the Radio and Television
district. When the new road is constructed, it may come fairly close to the new
property line. Since all the property south of the proposed KQRS property will be
considered MnDOT right-of-way, the parking lot should be set back 35 feet.
Since MnDOT has not yet made an official offer on the Carson property and the
plans are preliminary, the City cannot require the parking lot to be set back any
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The new loop frontage road and frontage road in front (east) of the KQRS
building will also make the front of the KQRS building and the parking lot south of
the KQRS building nonconforming due to lack of setback. This is a problem not
caused by KQRS but by the MnDOT taking for highway construction. The City
does have a policy to automatically grant variances to make properties legally
nonconforming where MnDOT has taken additional property for right-of-way
which then makes those properties nonconforming. (The property owner must
request these variances.)
MINOR SUBDIVISION TO CONSOLIDATE A PORTION OF THE CARSON
PROPERTY WITH THE KQRS PROPERTY
The third action is a minor subdivision to create the lot to be purchased by
KQRS. As stated before, KQRS purchased about 15,900 sq.ft. of the northwest
corner of the Carson property in 1994. In order to make this transaction, the City
required that both the Carson and KQRS property be platted into the "KQRS
Addition". The approved plat includes two lots - one for the KQRS property and
one for the Carson property. In order to add more of the Carson property to the
KQRS lot, a new plat must be prepared. It is a more simple matter this time
because the property has already been platted. The new subdivision qualifies as
a minor subdivision.
The minor subdivision process requires tlie applicant to submit a sketch plan of
the proposed new plat rather than a whole, new preliminary plat. KQRS has
prepared such a sketch plan that is basically the preliminary plat from the "KQRS
Addition". This sketch plan provides the staff with the information needed to
make a decision on the proposed plat.
The property that is proposed to be subdivided is approximately about 7.7 acres
in size which includes all of the KQRS and Carson property. The area is
dominated by the wetland area that is west of the KQRS parking lot. The 24,000
sq.ft. area that is proposed to be sold to KQRS is a wooded area that slopes to
the wetland area. The runoff from the parking lot will drain to the wetland area.
Most of the trees will have to be destroyed to make way for the parking lot.
The property to the south is zoned Industrial. There is also a railroad track
running along the south edge of the property. To the east is TH 100 with
residential property. To the north are three duplexes, the easternmost one will
be removed as part of the TH 100 project. These properties are zoned for two
family dwellings. No changes to the KQRS property will occur along the north
property line.
Overall, the MnDOT project will improve access to the entire area by providing a
means to get to the east side of TH 100. Those wanting to get to this area would
be able to utilize the new signal at TH 55 and Ottawa rather than going all the
way wesrto Douglas Drive.
The two lots that are created both exceed the minimum requirements for their
distinctive zoning districts.
RECOMMENDED ACTION
The staff recommends approval of all three of the subject actions in order to
allow for the expansion of the KQRS parking lot to the south. With th~ proposed
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MnDOT plans for the new frontage road system, the use of the remainder of the
Carson property is limited. The 24,000 sq.ft. area could not be developed on its
own because of its small size. Attaching this property to the KQRS site allows
that business to solye its parking shortage problem and allow the property to
stay on the tax rolls.
The staff is recommending that the 15,900 sq.ft. areas sold to KQRS by Mr.
Carson in 1994 have its Comprehensive Plan Map designation changed from
Low Density Residential to Industrial. This will eliminate any inconsistencies
between the Zoning Map and the Comprehensive Plan on the KQRS property.
At this time, the staff does not see any conditions that must bl! placed on any of
the action.
Attachments: Location Map
MnDOT Sketch of Front Loop
Oversized Site Sketch
Oversized KQRS 2ND ADDITION Plat
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