02-13-95 PC Agenda
AGE N D A
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall
7800 Golden Valley Road
Council Chamber
February 13, 1995
7:00 PM
I. APPROVAL OF MINUTES - January 23, 1995
II. INFORMAL PUBLIC HEARING - PLANNED UNIT DEVELOPMENT (No. 66)
Applicant:
Address:
Request:
Jim Lupient Oldsmobile Company
7700 and 7100 Wayzata Blvd., Golden Va Hey, Minnesota
Preliminary Design Plan Review for the JLO Addition
P.U.D. No. 66. The purpose of the P.U.D. is to expand
the existing nonconforming autpinotive sales uses and the
addition of an Infiniti Dealership.
III. INFORMAL PUBLIC HEARING - PLANNED UNIT DEVELOPMENT (No. 68)
Applicant:
Address:
Request:
Jim Lupient Oldsmobile Company
One Block Area which Lies North of 1-394 and East of
Louisiana Avenue
Preliminary Design Plan Review for the Golden Valley Auto
Mall P.U.D. No. 68. The purpose ~f the P.U.D. is to
locate an auto mall, car wash, Super Ameri.ca and lube
building on the property.
IV. INFORMAL PUBLIC HEARING - AMEND PLANNED UNIT DEVELOPMENT ('No. 63)
Applicant:
Address:
Request:
Jim Lupient Oldsmobile Company
Lots 1, 2, 3, and 4, Block 1, Saturn AdditionP.U.D.
No. 63
Amendment Saturn Addition P.U.D. No. 63 to allow for an
addition to the Lando Boulevard C611ision Center build-
ing, the elimination of the Infiniti Dealership and to
expand the footprint of the used car dealership.
V. REVIEW OF CAPITAL IMPROVEMENT PROGRAM (CIP) - 1995-1999
(Don Taylor, Finance Director and Fred Salsbury, Director of Public
Works will be present to answer any questions.)
VI. DISCUSSION OF REPRESENTATIVE TO THE TORONTO APA NATIONAL CONVENTION
(Materials enclosed)
VII. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
CITY COUNCIL,BOARD OF ZONING APPEALS, COMMUNITY STANDARDS TASK
FORCE, AND VALLEY SQUARE TASK FORCE
VIII. OTHER BUSINESS
IX. AQJOURNMENT
PLANNING COMMISSION GUIDELINES FOR PUBLIC INPUT
The Planning Comission is an advisory body, created to advise the City Council
on land use. The COlllllhsion wi 11 reC1llllUnd Counei I approval or denia I of a
land use proposal based upon the c~ssion's determination of whet~er the pro-
posed use is permitted under the Zoning Code and the Comprehensive Plan. and
whether the proposed use wil" or will not, adversely affect the surrounding
neighborhood.
The Commission holds informal public hearings on land use proposals to enable
you to learn, first-hand, what such p~posals 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 recommenda-
tion. in reaching its decision.
To aid in your understanding and to facilitate your comments and questions, the
COllIIIission will utilize the following procedure:
1. The CCllllllissionChair will introduce the proposal and the recommenda-
tion from staff. Commission mtmbers may ask questions of staff.
2. The proponent wi 11 describe the proPl)sa I ilnd answer any questions
from the Commission.
3. The Chair will open the public hearing, asking first for those who
wish to speakto s.o indicate by railing their hands. The Chair mtl
set a time limit for ft!dividual queltions/conments if a large ntJmber
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 deter..
mine 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
your 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.
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MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
January 23, 1995
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 McAleese at 7:00 PM.
Those present were Commissioners Groger, Johnson, Kapsner, Lewis, McAleese,
Pentel and Prazak. Also present were Mark Grimes, Director of Planning and
Development and Elizabeth Knoblauch, City Planner.
I. Approval of Minutes - November 14, 1994
MOVED by Warren, seconded by Pentel and motion carried unanimously to approve
the November 14, 1994 minutes with the following correction:
Page Three, Paragraph Two: Change "housing cleaning" to "housekeeping".
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Mayor Blair Tremere talked with the Commission about the Planning Commission's
progress in updating the Comprehensive Plan. He informed the Commission
regarding the proposed Metro Council legislation that would require that cities
in the Metro Area update their Comprehensive Plans by 1998. This legislation
will probably be before the Legislature in 1995. The Mayor also discussed
several other issues with the Planning Commission including the idea of incor-
porating a design review process for commercial developments.
II. Continued Discussion of Updating of the Compre~ensive Plan
Staff and the Planning Commission talked briefly about the Comprehensive Plan
and will continue the discussion on the "Housing" portion to the Februa~ 27th
Planning Commission meeting. There was also discussion of having a joint
Council/Planning Commission workshop in March to review the Comprehensive Plan
and other issues which may come before the Council for review.
III. Discussion of Representative to the Toronto APA National Convention
Rick Groger and Jean Lewis are interested in attending the APA convention in
Toronto.
IV.
Staff and the Commission reviewed the recent council meetings which included the
denial of the Tom Ryan applications for his property at Rhode Island Avenue and
1-394, and the denial of a sign height variance for the Treasure's Island
people, whose proposed sign would have promoted their office/warehouse facility
as a sales outlet. After the report on-the Community Standards Task Force
, meeting, Chair McAleese asked that the Planning Commission receive the minutes
as well as hearing the verbal updates. The report on the Valley Square Task
Force resulted in a suggestion that the Planning Commission be invited to attend
the final presentation scheduled for February 14th.
Minutes of the Golden Valley Planning Commission
January 23, 1995
Page Two
V. Other Business
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Chair McAleese stated to the Commission and staff that assuming the Council
renews his reappointment to the Planning Commission, he would not be interested
in Chairing the Commission for the coming term.
IV. Adjournment
Chair McAleese adjourned the meeting at 8:55 PM.
Jean Lewis, Secretary
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M E M 0 RAN DUM
DATE:
TO:
FROM:
SUBJECT:
February 7, 1995
Golden Valley Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearing - Preliminary Design Plan for the JLO
Addition, Planned United Development (PUD) No. 66 - 7700 and
7100 Wayzata Blvd. - Jim Lupient Oldsmobile Company, Applicant
Jim Lupient Oldsmobile Company (JLO) first applied for a PUD for their current
dealership site in August, 1994. This application was postponed in order that
JLO could present PUD applications for the two other contiguous properties owned
by JLO at the same time. These two other applications include an amended PUD
application for the Saturn site (PUD No. 63) and a new PUD application for the
southeast corner of Louisiana and Market Streets where an auto mall type devel-
opment is planned. Both the City staff and JLO felt that considering the three
PUD applications at the same time was in the best interest of the applicant and
the City due to concerns regarding such items as traffic, drainage, circulation
and design.
As indicated on the attached site plans and narrative description of the propo-
sal as submitted by JLO, and dated August 1, 1994 the site will be used for auto
sales and service as it has been for the past several decades. However, there
are several changes that are proposed to be made to the site which improve and
enhance it. The proposed PUD will intensify the use of the site by adding
another car dealership and expanding the present one. At the same time, Lupient
Olds will no longer sell used cars off this site. Used cars sales is proposed
to occur next to the new Saturn dealership. (There will be used car sales
related to both the Infiniti and Isuzu dealerships in the areas designated on
the plan.) The total area of the site is about 9.5 acres or 414,000 sq.ft. The
proposal is to have all three buildings on one lot. The current zoning of the
property is Industrial. Within the Industrial Zoning District, car dealers are
permitted by a Conditional Use Permit (CUP). In this case, JLO is applying
for a PUD in order to permit the three dealerships on one lot.
Infiniti Dealership. The new Infiniti dealership will be added to the west side
of the site adjacent to Anderson Cadillac. The structure will be a 5,970 sq.ft.
new car sales building. The building will not include a care service area.
Service for Infiniti cars will be done at the existing Olds dealership. The
proposed building will be designed as indicated on the attached building plans.
This proposed building is a prototype building for Infiniti dealerships. (As
the Planning Commission will recall, the Infiniti dealership was first proposed
to be located on the old Mr. Steak site west of the Saturn building. JLO plans
have now changed. Lupient Olds is now proposing to sell used cars as part of an
amended PUD No. 63.)
Isuzu Dealershi~. At the east end of the site, JLO proposes to double the size
of the Isuzu bUllding by adding 2,178 sq.ft. to the existing Isuzu building.
This building is now 1,947 sq. ft. in area. As indicated on the site plan, the
design of the addition would be similar to the existing wood timber construc-
tion.
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JLO P.U.D. 66
Page Two
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Olds/GMC Dealership. The existing Olds/GMC dealership building will also
receive a substantial facelift as indicated on the site plan. This improvement
is done as part of a national plan to upgrade all Olds dealerships. It is also
my understanding that there will be improvements made to the large service area
behind the sales area. The total size of the Olds/GMC building is 65,650 sq.ft.
There are several other site improvements that are proposed as part of the
P.U.D.:
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Parking & Circulation. The entire parking lot will be repaved. I
have been to the site on several occasions and the lot does need
improvement, especially on the west side. In addition to paving,
there will be concrete curb and gutter placed around the entire per-
imeter of the site to enhance both appearance and drainage function.
At the current time there is limited curbing on the site.
The site plan indicates a total of 610 parking spaces on-site divided
into customer, employee, display, inventory or service uses. Accord-
ing to JLO calculations, this amount exceeds the City.s requirements
for dealership parking. From experience, JLO will need all the
parking that can be provided to meet the needs of the three dealer-
ships on-site. I am somewhat concerned about the low number of
inventory spaces on the site. Currently, JLO stores car and truck
inventory on the two other sites proposed for development (Saturn .
site and the auto mall site). Today, I counted over 175 cars on the
auto mall site alone. It appears that the timing of obtaining car
inventory will have to change after all three of the PUD developments
are completed or else there will not be enough inventory parking.
The proposed layout of the new parking lot is improved over the
existing situation. There is a defined entry point to the dealer-
ships off of Market Street. There is also a defined driveway into
the dealership that will be marked and lead to the different
buildings on the site. I have always been a bit confused when I
drove into the dealership due to the lack of definition to the
parking and driveway areas. There will also be a number of islands
created in the parking areas for either landscape purposes or for
defining the different areas. I believe this is important in order
to help "break up" the vastness of the parking areas.
Access to the site will also improve this year because of the planned
traffic signal that will be constructed at Market and Louisiana. JLO
will be assessed for a share of the sginal costs. As part of the
other JLO developments (amended PUD 63 and the auto mall (PUD No. 68)
widening of Market Street is also proposed that will benefit the
entire area.
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Drainage. There is also improvements necessary to the drainage
system for the site. JLO has been discussing this with the City
Engineer. A system acceptable to the City Engineer must be made.
Approval of this plan by the Engineer is to happen prior to final
approval of the General Plan of the PUD. At this time, the City
Engineer and JLO are considering the various options for improving
the drainage system that meet the City requirements.
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JLO P.U.D. 66
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Page Three
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Landscaping. A landscape plan is also attached. This plan is an
improvement over the existing landscaping on the site. JLO is pro-
posing a significant landscape area around the Infiniti dealership
and the entryway into the entire site on Market Street. There are
also plans for landscaping around the Isuzu dealership and in the
islands within the parking lots. A landscaped strip is also proposed
along the west property line. Landscaping along the south and east
property lines will remain approximately the same as it is today due
to the retaining wall for 1-394. There is no landscaping proposed
along the north property line west of the Olds building and adjacent
to Liberty Carton. The plan is to put curb and gutter along this
property line. Currently, there is nothing to distinguish the JLO
property from the Liberty property to the north. I am not that con-
cerned about placing landscaping along this property line because it
is in an area between two industrial type uses and because the situ-
ation has existed for a number of years. I do believe that the curb
and gutter in this area will be helpful to delineate the boundary and
improve drainage.
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Signage. Staff has always been concerned about signage on this site.
The letter from JLO dated August 1, 1994 states they would like a
total of four pylon signs on the site. These four signs include one
new pylon sign for the Infiniti and one area identification sign with
reader board for the entire site. JLO is proposing that the City
permit these signs to be located 60 feet in height or the same height
as the Perkins sign, whichever is lower. The City's policy has been
that pylon signs may be raised to a point so they may be seen by
traffic from 1-394. My recommendation is that JLO submit information
to the City documenting the required height for the pylon signs in
order that they may be seen from 1-394. If this height is less than
the Perkins sign, so be it. (The City may have made a mistake in
allowing the Perkins sign to be so high.) The site plan indicates
five pylon signs on the site. I believe this is a mistake and that
four signs is the proper amount.
As for other signage on the site, I recommend that the signage on the
site meet the requirements of the City's sign code prior to the
issuance of an occupancy permit for the Infiniti building. I have
spoken to the Inspections Department about the amount of signage
currently on the site and it is their opinion that it exceeds the
City requirements.
Setbacks. The Planning Commission has always been concerned about
maintaining setback areas, especially along streets. This site plan
indicates the plan of JLO to continue the existing setbacks as they
are today. In the case of the setbacks along Louisiana Avenue and
1-394, there is not a whole lot that can be done. MnDOT constructed
a large wall along both of these streets. For the most part, the
wall is on or near the property line. Maintaining a 35 foot setback
area from the retaining or sound wall does not seem practicable. The
only area on the site that is adjacent to a street where it is prac-
ticable to maintain a setback area is along Market Street. This is
the main entry point into the dealerships. JLO has proposed a 12 to
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JLO P.U.D. 66
Page Four
15 foot setback along Market Street in which is proposed some land-
scaping to enhance the entrance into the dealership. I would like
JLO to consider increasing this setback area to 35 feet by moving the
employee and display parking south 20 feet. This may eliminate a few
spaces for employee or display parking but it would allow much
greater landscaping in the only location on the site with a reason-
able street setback area. I also believe that there are areas on the
site where a few additional spaces could be picked up such as along
the rear property line adjacent to Liberty Carton.
Recommendation
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Overall, I believe that the changes proposed to the JLO site are an improvement.
The site will have a new parking lot, drainage, new auto dealership, remodeled
dealerships, improved landscaping, better vehicle circulation and signage that
will meet the City Code. As stated above I would like the Planning Commission
and JLO to consider expanding the landscaped area along Market Street as part of
the PUD process. I believe that it is important for the City to maintain as
much green area as possible, especially along streets. Through the PUD, the
City is allowing JLO to eliminate substantial areas of required landscaping such
as along property lines and between buildings.
Staff suggests the following conditions for approval.:
1. The site plan dated 10/3/94 and landscape plan dated 9/30/94 submitted
by Opus Architects and Engineers, Inc. become a part of the approval.
2. The property shall be legally platted and recorded, with the designation
"P.U.D. No. 66" to be a part of the plat1s title.
3. The four pylon signs be only as high as needed to be seen from 1-394. A
sign study must be submitted to the Inspections Department indicating the
sign height needed to be seen from 1-394.
4. Prior to the occupancy permit being issued for the Infiniti dealership,
signage on the site must meet all City Sign Code requirements (including
size and location).
5. The landscaping along Market Street shall be increased to 35 feet.
6. All required storm sewer improvements shall be made with approval of the
City Engineer. These improvements shall be made in conjunction with
parking lot improvements.
7. The proposed parking lot improvements (inclUding curb and gutter) shall be
installed not later than November 15, 1995.
8. The parking lot improvements and curb and gutter shall be installed no .
later than November 15, 1995.
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JLO P.U.D. 66
Page Five
9. JLO agrees to pay its share of assessments for theproposed traffic signal
at Louisiana Avenue and Market Street that is scheduled to be constructed
in 1995.
MWG:mkd
Attachments:
Location Map
Colored 8-1/2 x 11 Site Sketch
Narrative dated August 1, 1994
Plans (attached)
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MIDWEST MANAGEMENT, INC.
601 LAKESHORE PARKWAY, SUITE 1500 · MINNETONKA, MINNESOTA 55305
August 1, 1994
Mr. Mark W. Grimes, AICP
Director Planning and Development
CITY OF GOLDEN VALLEY
7800 Golden Valley Road
Golden Valley, Minnesota 55427
RE: APPLICATION FOR P.U.D.
JIM LUPIENT OLDSMOBILE
Dear Mark:
.
Pursuant to our many conversations, attached you will find
our application for the Planned unit Development of Lot 1,
Block 1, JLO Addition. As discussed, we will be
constructing an addition to the existing Isuzu/Suzuki
building to include sales only and building a new Infiniti
sales showroom on the westerly portion of the parcel. In
addition, included in our future plans for this development
will be a complete retrofit and re-facing of the existing
Oldsmobile dealership building and parking lot.
As noted on the attached plans, neither the Infiniti or
Isuzu/Suzuki building will have service. All service will
take place within the existing Oldsmobile service
department.
Included in our proposal is a request for one additional
pylon sign to service the new Infiniti building. As you are
aware, there are currently three pylon signs serving this
campus. Since a new Infiniti franchise requires a new and
separate building, it also requires separate identification
with Infiniti prototype graphics. As per our conversations,
we are also requesting an extension to the existing pylons
which are contiguous to 1-394. We are unsure of the exact
height of the new Perkins sign but believe it to be 60 feet.
Therefore, our request is for the lower of, 60 feet or equal
to the overall height of the Perkins sign.
Our primary goal is to create a development which services
our needs as well as our customers needs while achieving all
of the objectives set forth by the city for a clean, safe,
attractive and legally conforming development. I believe
the enclosed is a gigantic step toward that end.
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OFFICE (612) 449-4979 · FAX (612) 449-5533
Mr. Mark W. Grimes
August 1, 1994
Page 2
I believe you will find the enclosed to be in order for our
request and thank you for your time and assistance in this
matter. I look forward to further discussing your thoughts
on the enclosed and to our placement on the next available
planning commission meeting.
Very truly yours,
MIDWEST MANAGEMENT, INC.
Agent for Jim Lupient Oldsmobile Company
DS/dds
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M E M 0 RAN DUM
DATE:
TO:
FROM:
SUBJECT:
February 7, 1995
Golden Valley Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearing - Preliminary Design Plan for the Golden
Valley Auto Mall, Planned United Development (PUD) No. 68 - 4.17
Acre Parcel at the SE Corner of Louisiana Avenue and Market Street
- Jim Lupient Oldsmobile Company, Applicant
Jim Lupient Oldsmobile Company (JLO) is proposing to redevelop a 4.17 acre par-
cel at the southeast corner of Louisiana Avenue and Market Street. The purpose
of the development is to create an auto mall. (Auto mall is loosely defined as
a retail and service development that is aimed at the auto user.) This specific
proposal is to divide the property into four lots as shown on the attached site
plan.
The property is currently zoned Industrial as is most non-residential land along
the 1-394 corridor. The uses proposed in the auto mall are permitted in the
Industrial Zoning District with a Conditional Use Permit (CUP). However, JLO
has chosen to develop this parcel by the PUD process because of shared driveways
and curb cuts that serve the site. Also, the PUD process allows the City to
consider setback variances which allows for a greater usage of the site.
Up until about a month ago, this 4.17 acre site was the site of the Valley South
Office building and a former Texaco gas station. This building was razed by JLO
to make room for the auto mall. The property is currently being used to store
new and used car inventory for JLO. I counted about 175 cars and vans on the
site on 2/6/95.
This property was greatly impacted by the construction of 1-394. Because of the
overpass of Louisiana Avenue over 1-394, this site is about 20 feet lower than
1-394. A retaining wall has been constructed along the south and west property
lines by MnDOT. Access to the site is now available only from Market Street.
(In the past, access was available to the site from Market, Louisiana and
1-394.) In addition, there was some property taken from this site for 1-394
right-of-way. The owner of the property at the time was compensated for the
taking for highway purposes and reduced access.
The proposed development of the site is intense. The proposal is to divide the
property into four lots in order that a Mermaid Car Wash, Super America, Auto
Mall and Jiffy Lube may be built. Because of the shape and limited street
access to the site, there must be shared access from Market Street to serve the
four lots.
Internal Circulation & Access
The proposal that has been submitted to the City indicates three driveways into
the site from Market Street. (The easternmost driveway that serves the Jiffy
Lube is of minor concern because it will serve fewer trips.) The two western-
most driveways will serve the majority of the trips to the site including the
car wash and Super America. City staff has spent a lot of time reviewing this
plan and has hired a traffic consultant to review the internal circulation
.
,
Golden Valley Auto Mall PUD 68 Page TWo~
pattern. Staff's opinion (Planning and Engineering) is that the internal circu-
lation system will work and if there are problems, the problems will have little
or no effect on traffic in Market Street. Staff has requested several changes
to the site plan which have been done including the elimination of a third
driveway off Market Street and the moving of the driveways as far to the east as
possible.
Staff has also determined that the site is designed to adequately handle truck
traffic, including the delivery of gas to Super America.
When staff received this plan, the concern was both internal circulation and the
effect of the development on Market Street. In order to determine the effect of
the proposed traffic from the developments on Market Street (including the
Saturn site) the City hired a traffic engineer. The engineer, Glen Van Wormer
of Short Elliot Hendrickson (SEH) determined that substantial improvements were
necessary to Market Street before this development could go ahead. These impro-
vements include the widening of Market Street from Louisiana Avenue to a point
about 900 feet to the east (near the entry drive to Perkins closest to 1-394).
This widening would include two lanes with a center turn lane. This would ease
the existing and potential traffic problem at the intersection of Louisiana and
Market Street.
In addition, the City will be constructing a traffic signal at the intersection
of Market and Louisiana in 1995. This will be funded with a combination of
State Aid funds allocated to the City by the State and assessments to bene-
fitting property owners. JLO would be one of the benefitting property owners.
The improvements to Market Street will be paid for solely by assessment to ben-
fitting properties. (Saturn PUD No. 63 and the Auto Mall.) JLO has agreed to
the assessment. Staff will be recommending that none of the developments in the
auto mall be issued certificates of occupancy until both the road reconstruction
and signals are completed. It is anticipated that the road construction will
occur this summer with completion in the Fall of 1995. Construction of the auto
mall buildings will also start this Spring with Fall 1995 completion planned.
In order to accommodate the road widening, JLO will be dedicating an additional
10 feet of ROW along the south side of Market Street. This will bring the total
width of the Market Street ROW to 70 feet. This will be adequate for the 44
foot wide street with room for sidewalks if needed.
~
The proposed driveway locations have been coordinated with the one driveway
location into the Saturn PUD on the north side of Market Street. The main
driveway east of the Super America building will be across from the Saturn
access. This was recommended by the City Engineer and consultant.
Drainage & Utilities
The City Engineer has reviewed the drainage and grading plan for the site. The
proposed plan will adequately handle the drainage in a manner consistent with .
City, State and the Bassett Creek Water Management Organization policies.
Utilities are available to the site from Market Street. All utility plans must
be approved by the City Engineer.
~ .
,
.
.
.
Golden Valley Auto Mall PUD 68
Setback & Landscaping
Setback and landscaping is an issue of concern to the Planning Commission at
this location. These issues were discussed in detail when the Saturn PUD was
approved in 1993. JLO is requesting variances from the required 35 foot setback
from Louisiana Avenue, Market Street and 1-394. In the case of Louisiana Avenue
and 1-394 there is a retaining wall which makes the need for a 35 foot setback
less critical. Along Market Street, JLO is proposing a 20 foot setback for the
first approximately 360 feet east of Market and a 30-35 foot setback in front of
the Lube store. (As stated previously, JLO will be dedicating an additional 10
feet of ROW for Market Street in order that it may be widened.) The proposed 20
foot setback along Market Street is the same as on the north side along the
Saturn PUD. If this setback were to be increased, the uses would have to be
shifted to the south with the possible reduction of green area along the 1-394
retaining wall or the reduction of buildings or parking areas.
Page Three
JLO has submitted a preliminary landscape plan. I believe that the plan does a
good job on what property is available for landscaping. As indicated on the
site plan, there is a substantial amount of impervious surface on this 4.17
acres (76%). Only 24% of the property is green due to the number of buildings,
parking, and driveways. The previous development of this 4.17 site was also
sUbstantially impervious.
Architectural Plans
JLO has also submitted architectual drawings for your review. The Super
American building will primarily be brick, the Jiffy Lube will be a rock face
block finish similar to their other buildings in the Twin Cities. The car wash
is proposed to be made of various block colors as is the auto mall building. I
am generally please with the architecture of most Super America buildings and I
am glad it is the prominent building in the development.
Signage
The plan for signage includes one pylon sign indicating the four uses in the
PUD. The shared pylon sign is proposed to be as high as needed to be seen by
1-394 traffic. A sign study needs to be submitted to the Inspections Department
justifying the height request. The size of the shared pylon sign would meet all
requirements of the sign code. In addition, each of the four uses would have a
monument sign and building signage. All such signage shall not exceed the
requirements of the City's Sign Code.
Covenants
Staff has also received a copy of Covenants that will run with the property.
The Covenants address issues such as shared access, parking, utility easements,
signage and maintenance. This Covenant shall become a part of the PUD Permit.
Parking
Staff has reviewed the parking plan. As indicated on the site plan, the parking
exceeds the requirements established in the code.
. ~
,
Golden Valley Auto Mall PUD 68
Page FO~
Recommendations
The Planning and Engineering staff have spent a significant amount of time
reviewing the plans for this PUD. A number of changes have been made by JLO to
accommodate staff's requests.
Of prime importance was the ability of the City road system to handle the addi-
tion trips to the site. JLO has agreed to pay for the necessary road improve-
ments to Market Street and to pay a portion of the signal that will be going in
at Market and Louisiana. JLO is also dedicating 10 additional feet of ROW on
the south side of market Street so Market Street may be widened. With these
traffic related improvements, staff believes that the four new stores will not
have an adverse impact on the street system.
JLO has also presented other information to the City indicating that the site
will adequately function. This information includes drainage and grading plans,
landscape plans, utility plans and architectural plans.
JLO has presented information that the site will function. However, the
Planning Commission must review the overall impact of the development. There is
the concern regarding setback areas, density of the site, and the development
concept.
Staff has expressed concern to JLO about the density of the site. JLO answer
has been that the four uses on the site will function and provide needed ser-
vices to the community. JLO believes the four uses work well together because
of the use mix ie. the auto mall and Jiffy Lube are relatively low traffic
generators and the car wash and Suepr America are the high generators. Staff
has felt that less building area would allow the site itself to function better.
The City's traffic engineer has looked at the site and believes it will function
adequately and that any problems will occur on the site rather than on the
pUblic street. I believe the proposed uses will be good for the area. 1-394
has an auto orientation with the existing car dealers and other auto users. The
Super America station has been needed in south Golden Valley for some time due
to the lack of gas stations and a convenience store. Because the auto mall is
over 500 feet from any residence, it should have minimal effect on the residents
of the area.
.
The following are conditions the staff recommends for approval.
1. The revised site plans dated 1/23/95 and submitted by RLK Associates Ltd.
as part of the application become a part of the PUD approval.
2. The property shall be legally platted and recorded, with the designation
"P.U.D. No. 68" to be a part of the plat's title.
3. The "Declaration of Easements, Restrictions and Real Covenants" be
attached to the PUD Permit.
4. JLO agrees to pay for the upgrade necessary to Market Street and to pay
its fair share for the signal construction at Louisiana Avenue and Market
Street.
.
.
.
.
.
Golden Valley Auto Mall PUD 68
Page Five
5. No "Certificate of Occupancy" may be issued by the City to any of the
four buildings until after the road and signal work are completed to the
satisfaction of the City Engineer.
6. The shared pylon sign may exceed the normal pylon sign height if it can
be shown it cannot be seen from 1-394 if not raised. The height shall
be the minimum needed for 1-394 visibility. All other signage on the
site must meet the requirements of the sign code.
MWG:mkd
Attachments: Location Map
Narrative dated October 5, 1994
Pylon Sign Design and Monument(s) Design
Draft of Declaration of Easements, Restrictions and Real
Covenants
Plans (attached)
.
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.
Golden Valley Auto Mall
Valley South Property
Narrative for Planned Unit Development
Preliminary Plat and Site Plan Approval
October 5, 1994
Executive Summary
.
The site is located at the northwest quadrant ofI-394 and Louisiana Avenue in Golden Va1ley,
MN. The site is defined by 1-394 on the south, Louisiana on the west, Market Street on the north
and northeast and an existing Perkins Restaurant on the east. The 4.17 acre site is proposed to be
redeveloped into a state of the art Auto Ma1l Complex complete with a Super American Store,
Mennaid Car Wash, Auto ServiceMa1l and Jiffy Lube operation. The attached plan sheet
identifies the layout, access and configuration of the building and site and it is the applicants
request the City Council and staff support this site re-development at the intersection of 1-394 and
Louisiana Avenue.
Site Description
Currently the Valley South office building and fonner Texaco Gas Station are existing on the site
and are proposed to be demolished and removed. To date a Phase I Environmental Audit and the
necessary remediation and clean up has occurred on these two parcels and both buildings are being
prepared for removal.
As a result of the I-394/Louisiana Avenue construction this site has been depressed over twenty
feet below the Louisiana and freeway access ramps. Visibility to this site is only available to the
north where Market Street provides the only acccss to this site.
.
It is proposed to have two primary acccsses on the east/west portion of Market Street. The four
individual lots have coordinated their internal circulation needs and the two joint accesses will
adequately serve the site. It should be noted originally three accesses were proposed and City staff
suggested the access to the east/west portion of Market Street be limited two egress points. Also
attached as Exhibit A is a traffic generator chart which has been requested by the Assistant City
Engineer. It is the expectation of this applicant that Market Street will be upgraded and widened in
order to properly service the current and future traffic projections. To accommodate a future
roadway widening 10 feet of future right-of-way is proposed to be dedicated as a part of the site
plan and preliminary plat. It should be notcd all dimensions for drive isles, curb lines and or
buildings are set back from the future right-of-way line.
.
The site wiIl include four principal structures and four lots to be subdivided as foIlows:
Lot I 1.84 AC Car Wash
Lot 2 .91 AC Super America
Lot 3 .93 AC Auto Mall
Lot 4 .49AC Jiffy Lube
Total 4.17 AC
The site plan identifies the layout of this 4.17 acre site: and the plan package submitted in
accordance with the City submittal requirements identifies the engineering, landscape and building
architecture proposed for this site.
Development Standards
Intent
The intent of the PUD is to promote high-quality commercial development. Specific guidelines and
standards for the development of this industrial zoned property are listed in the PUD and zoning
ordinances. For example, all utilities are to be underground, building materials shaIl be high
quality and durable masonry, and compatible with the surrounding development. These and all
other requirements of the PUD will be met by the proposed development.
.
Setbacks
Refer to Title Sheet.
LandscftDin2 and Screenim!
A preliminary landscaping plan is part of this submittal packet. The landscape plan will unite all
four parcels with a uniform plant material palette. The number of overstory deciduous trees meet
the City landscape code and with the addition of ornamental conifer and shrubs the entire site will
have the appearance of a unified site. Similar plant species are installed throughout the site and
have been placed to complement the site views and architecture.
Si2na2e
Each lot will have one monument sign. One freestanding pylon sign for all four lots is included in
the proposal. These signs comply with the PUD signage requirements. All PUD and applicable
sign ordinance requirements will be met. Refer to the site plan for signage locations. Refer to the
building elevations for signage proposed on the individual buildings.
Buildin2 Materials and Desi2n
.
All building facades will include an assortment of rockface concrete block and brick using colors
which are cohesive with the existing and proposed development to the north of this site.
Details can be seen on the building elevation sheets included in this submittal packet.
!'
.
Gradine and Drainaee
A preliminary grading plan is included in the submittal packet. The grading plan was designed to
meet the existing MnDOT drainage design study. Based upon the stonn sewer improvements
installed for the 1-394 construction, all stonn water ponding for this site has been addressed in off
site stonn\wter ponds.
Drainage will be southeast and northwest to the existing stonnwater structures constructed by
MnDOT to drain the existing site development.
The site is under the 5 acre minimum for redevelopment sites for review by the Bassett Creek
Watershed District.
A final take offfor quantities of earth to be moved will be provided at a future date.
Utilities
Preliminary utility plans are part of the submittal packet. Water and sewer are available to the
site. No relocation of the sewer line or water trunk line will be necessary. The utility plans will
use existing utility connections or stubs.
Traffic Sienals
.
Traffic signals are to be installed at the intersections of Market and Louisiana A venue and Laurel
and Louisiana, significantly improving traffic flow for the entire area. The City of Golden Valley
will be proposing these improvements as part of the Market Street upgrade.
Traffic
The following chart (Exhibit A) is a trip generation analysis for the proposed development. The
existing traffic study prepared by the City to study the need for traffic signals at the above
referenced intersections included traffic generated by the Boulevard Texaco facility. It is estimated
that the Boulevard Texaco facility generated over 400 trips on a daily basis.
The attached chart identifies a daily average traffic volume and a p.m. peak hour demand for the
entire site. It should be noted the daily trips generated will be split between two main accesses to
this site.
.
Golden Valley Auto Mall
Weekday PM Peak Hour
Volume (trips/hour)
Land Use Size ITE Code Rate Volume Rate In Out Total
Car Wash -- -- --- 900 -- 37 37 74
SelVice
Station 12 Pumps 845 1,600 17 .45 104 105 209
Auto Mall
(Car X) 8 Bay --- --- 150 -- 17 16 33
Auto Mall 6 Bay -- --- 115 --- 13 12 25
Oil Change
Auto SelVice 3 Bay --- --- 330 16 17 33
Subtotal 3,095 187 187 374
-15% (Multi Purpose Trips) -310 -19 -19 -37
Total Trip Generation 2,785 168 168 337
Exhibit A
.
.
.
PIOJECr
GV-4001.CDR
ADDRESS
CRY
GOLDEN It' ALLEY
STAlE
MINNE50T A
..
30"
...L
T
75"
16' -0" 1
T
75"
1
60'-0"
25'-0"
lHlS DRA\VINC IS lHE PROPERTY OF
SCALE CllSTOMER APPROVAL
tl8" = 1'-0"
DRAWN BY
J.KOI"I"
SAlESREP.
D. WOLBERT
DAlE Dt\lE
9/28/940
?! ~ ~
schacttracq siqns
J2S MINNESOTA AVE. N. 1610 E. WFF RD.
ORONOCO, MN H960 BURNSVILLE, MN SHJ1
PHONE / S07#J67 #26Jl PHONE/612#894-2421
fAX I ~07#}67#26H FJiX/612#894-2748
PROJECT
GV-MONl CDR
ADDRESS
CI1Y
GOLDEN VALLE)
$fATE
MINNESOTA
SAlESREP.
D. WOLf3ERT
DAlE
9/28/94
SCALE
1/2" = 1'-0"
DRAWN BY
J.KOPP
CUSTOMER APPROVAl.
lHlS DRA\VlNC IS mE PROPERlY OF
J2' MINNESOTA AVE. N. . ,,1610 E. CUFF RD.
ORONOCO, MN "960 ~f ~\~ ~ ~. BURNSW.lE. MN ''''7
PHONE HOM67 ,2bJl ,r r PHONE I 61 2..a94,242 1
FAX 1 '07..J67..26H schad1racqslqns FAX I 612-894,2748
o.\TE
PROJECJ
GV-MON2.CDR
ADDRESS
CI1Y
GOLDEN VALLE,),
STATE
MINNESOTA
4'-0"
7-0" 1
T
34"
SAlESREP.
D. WOLBERT
DATE
9/29/94
6'-0"
I
SUPERAMERICA
SCAlE
1/2" = 1'-0.
DRAWN BY
J.KOPP
CUSTOMER APPROVAL
lHlS DRlMNC IS THE PROPERlY OF
J2J MINNESOTAAVE. N. ,v.rL
ORONOCO. MN n960 p'/ .. r
PHONE/ JOM67 ,2&f1 .~
FW</ roM67-26JJ schad1racllslqns
1610 E. CUFF RD.
BURNSVIlIE, MN ""7
PHONE, 612,894,2421
FAX,612,894,2748
DATE
PROJEC1'
GV-MON~,CDR
ADDRESS
CIlY
GOLDEN VALLE'!
STATE
MINNESOTA
SAlESREP.
D, WOLf3ERT
DATE
9/29/94
CUSTOMER APPROVAL
SCALE
112" = "-0.
DRi\WN BY
JKOPP
DATE
THIS DRAWING IS THE PROPERlY OF
'2S MINNESOTA AVE. N. ,,/ ',~ '"
ORONOCO. MN fJ960 ''yi )liI> '
PHONE I SOM67 ,26J1 ' /"
FAX I SOM6M6H schad1racq slqns
1610 E. CUFF RD.
BURNSVlllE. MN , S J J7
PHONE I 612,894,2421
FAX I 612,894,2748
PROJECl'
GV-MON4.CDR
ADDRESS
CI1Y
GOLDEN VALLE'
$I'm
MINNESOTA
6'-0"
I
4'.0"
700..1
I
34"
SALESREP.
D. WOLBERT
DAlE
9/29/94
SC\I.E
112" = 1'-0'
DRAWN BY
J KOrp
CUSTOMER APPROVAl
DATE
THIS DRAWING IS mE PROPERlY OF
f2' MINNESOTA AVE. N_ "'" ~'
ORONOCO. MN "960 .,rr'r~"
PHONE "OM67 ,21tH ' r
FAX! ro7..J67..2ltH schad1racqslqns
1610 E. CUFF RD.
BURNSV1LlE, MN ", J 7
PHONEJ 612,894,2421
FAX I 612,894,274&
MARKEl'
STREET
'_ ACE~AGE TOT.
'I
I
LOT t
LOT I
LO'.
LO'.
""......
... >C.
... AC.
... AC.
... AC.
TOTAL 1..17 AC.
_ PARKING TOTALS
_ ....... --
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...... II'
- II "'
.... II'
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...
...... II'
IOTAL ...... ....... IDTJt ..
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~
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~ 11
"'l
_ PERCENT LANDSCAPEDI
,
~
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IOn
LO"
LO"
LO'.
TOTAL
-
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AUTO
MALL
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Ita..,
_ SHEET INDEX
1. SITE PLAN
2. PRELIMINARY PLAT
3. GRADING PLAN
4. UTILITY PLAN
6. DETAILS
a LANDSCAPE PLAN
7. SIGN AGE PLAN
8. ARCHITECTURAL PLANS
:FLOOR' PLANS
:ELEVA TIONS
_ LEGEND
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L_$1011
INTKHSTATK HICHIf'A Y NO. 394
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MIDWEST MANAGEMENT
601 lAKESHORE ORM. SUlIE ,_
WINNE IONKA. MINNESOTA 55305
GOLDEN VALLEY
AUTO MALL
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J)BCLARA!l':IOH 0., BASJDDDITS, RBSTllI:C!'J:OHS um REAL CO'VIDIAIITS
This Declaration is made and entered into effective this
day of I 1994 by James W. Lupient and Barbara"""K:"
Lupient, husband and wife, and Harket Properties, LLC, a Hinnesota
limited liability company.
R Bel or A L 81
A. James W. Lupient is the fee owner of certain real
propert.y located in Hennepin County, Hinnesota leqally described on
Exhibit A at.tached hereto (the "PrOperty").
B. Market Properties, LLe, a Hinnesota limited liability
company, is the contract purchaser of the Property under the
Contract for Deed dated December 9, 1993, filed of record on
January 5, 1994 as Document No. 245998.
C. The Property is in the process of being developed and
Declarant, as hereinafter defined, desires to create certain
easements, rest.rictions, rights and real covenants sUbject to the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and of the
mutual benefits, rights and obligations created by this
DeClaration, Declarant. declares as follows:
ARTICLE I
DEFIHITI:ONS
1.1 In addition to the words and phrases defined. elsewhere in
this Declaration, the followinq words and phrases shall have the
fOllowinq meaninqs, unless the content clearly indicates otherwise:
(a) "Affiliate" shall mean any person who directly, or
indirectly through one or more intermediaries, controls, or is
controlled by or is under the common control with James w.
Lupient or Market Properties, LLC.
(b) "Declarant" shali mean or refer collectively to
James W. Lupient and ~ket. Properties, LLC, a Minnesota
limited liability company; 'provided however, at such time one
of the parties is no longer an own of a Lot. the other party
shall be the sole Declarant.
(c) "Lot" shall mean or refer to any plot of land shown
upon any recorded SUbdivision map of the Property.
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(d) IINoticeU to be given to Declarant under this
Agreement shall be at the following address until such time as
the Owners of the Property are notified of a change by
Declarant:
James W. Lupient
601 Lakeshore Parkway
Suite 1500
Kinnetonka, MN 55305
Market properties, LLC
Attention: Thomas Londo
(e) "Owner" shall mean or refer to the record Owner,
whether one or more persons or entities, of fee simple title
to any lot which is part of the Property, including contract
purchasers, but exclUding those having such interest merely as
security for the performance of any obligation.
(f) "Property" or "Properties" shall mean or refer to
that certain real property' described on Exhibit A attached
hereto. .
ARTI.CLB II.
REGULATIONS AND IKPROVEMEHTS
2.1 All original oonstruction, reconstruction or alterations,
including lighting or landsoaping, parking areas, exterior
architectural design, exterior materials and signage for all
structures constructed within the Property shall meet the
requirements of all zoning and building codes of the City of Golden
valley, Minnesota and the requirements of other governmental bodies
having jurisdictions and require the submission to Declarant of two
(2) complete sets of schematic drawings (site plan and exterior
elevation), and specifications for buildings or other structures
for written approval. Such drawings and specifications shall show
in reasonable detail the location of contemplated buildings or
other structures, the design, including front, rear and side
elevations, descript.ions of materials, locat.ion of drives, parking
areas, service areas and loading docks, if any, to be erected, the
description of any exterior signs or other amenities and the
landscapinq plan. Declarant shall, wit.hin thirty (30) days after
the sUbmission of said drawinqs and specifications, advise the
parties submittinq the same in writ.inq, of (i) approval of such
drawings and specifications, or (ii) the segments or features which
are deemed by Declarant. to be ~acceptable. In the event neither
Declarant advises the party by written notice, which may be qi ven
by United states mail within the time hereinabove described, of the
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disapproval or objections to certain features to the drawings or
specifications submitted, the approval of Declarant shall be
conclusively presumed to have been given. Such notioe shall be
deemed to have been given at. such time as a sealed envelope,
properly addressed with postage prepaid, is delivered by United
States mail, registered or certified mail. Personal delivery of
such notice shall, however, be sufficient and shall be deemed to
have been given at the time of delivery.
2.2 At such time as Declarant or Affiliate no longer owns
twenty-five percent (25%) or more of the total land area inoluded
within the Property, the requirement of approvals and consents
under this Article II herein shall automatioally terminate.
ARTICLE III
EASEMENTS
The Declarant, on behalf of each and every Owner of any Lot in
the Property I grants the followinq reciprocal easements over and
across the Property:
.
(a) Access Easements. Non-exclusive easements
appurtenant to an Owner's Lot over and across the Property for
the purpose of furnishing access and the right of access
between (1.) all public or private streets existing and to be
created from time to time, and (2) any motor vehicle parking
areas situated on the Property existing and to be created from
time to time. The rights granted pursuant to such easements
shall at all times be exercisec1 in such a manner to cause the
least interference with the normal operation of the Property
and shall not run under or over any existing or to be
constructed improvements.
(b) parkina Easements. Non-exclusive easements
appurtenant to an owner's Lot over and across the Property for
the purpose of allowing p~kinq in existing parking areas as
designated by owner of the. parkinq area.
(c) Utilitv Easements. Non-exclusive easements over and
across the Property for the benefit and appurtenant to each
Lot of the Property for water, gas, electricity, telephone
lines, sewage disposal and drainaqe lines and systems and
other public utility facilities necessary for the orderly
development and operation ot the improvements on the Property
and electrical line for,..,..~ signage permitted by this
Agreement; and the maintenanCe, removal and approval of the
lines and systems all of the foregoing in, on and under
portions of the property. The righta:a granted pursuant to suob
utility easements shall at all times be exercia:aed in such a
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manner to cause the least interference with the normal
operation of the Property and shall not run under any existing
or to be constructed improvements. All such systems,
structures, means, sewers, conduits, lines or other public
utilities, whenever feasible, shall be installed and
maintained below the ground level or sur~ace of such
easements. .
ARTICLE IV
SIGNS
4.1 Pylon sians. There shall be a freestanding joint pylon
sign on Lot 1 as approved by the city of Golden Valley. Each OWner
of a Lot. shall have the right to one-fourth of the siqnage for
displaying its occupant.s name on said freestanding sign. The Owner
of Lot 1 shall be responsible for the sign'S operation and
maintenance on a first-class basis. Each Owner of a Lot shall be
obligated to the OWner of Lot 1 for one-fourth of the cost of
operation, maintenance and repair of the freestanding sign;
provided, however, each Owner of a Lot shall be solely responsible
for the repairs or replacement of its own signage area and shall
not. be obligated to share in the costs of repair or replacement of
any other signaqe area.
4.2 Monument Sians. There shall be permitted four seven
toot monument signs located on the area abutting Market street as
shown on the attached site Plan identified as Exhibit B as approved
by the city of Golden Valley. As indicated on the attached site
plan, the owner of Lot 3 shall have the right to erect and maintain
a sign on Lot. 2 and the Owner of Lot 2 shall have the right to
erect and maintain a sign on Lot 4. The Owner of the sign shall be
responsible for the sign's operation and maintenance on a first-
class basis. The OWner of the sign shall have the right of ingress
and egress to said sign and the right to construct, reconstruct,
operat:e, maintain, repair and alter said sign.
.
ARTICLE V
MAINTENANCE
5.1 Each Lot Owner shall have the duty and responsibility for
keeping the OWner 1 s land, buildings, improvements and landscaping
in a well-maintained, safe, cl~ and attractive condition at all
times. In the event any Lot owner fails to maintain his Lot
pursuant to the requirements hereof, or in the event the Owner of
a Lot fails to comply with the obligations hereunder, then any of
the non-defaUlting Owners may send written notice to the defaulting
party setting forth the alleged; .d,.e.taul t. In the event such default:
is uncured for a period of thirty (30) days after receipt. of such
notice, or if such default be a type of which cannot be cured
within such time, unless a defaulting Owner shall have commenced
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and is exerc1s1ng due diligence to cure the same, then the non-
defaulting owner may proceed to cure said default. In the event
one OWner shall cure defaul t of the other OWner hereunder, the
defaulting Owner shall be obligated to reimburse the OWner curing
said default or performing such maintenance or construction or
other costs thereon on demand, together with any attorney's fees or
any other costs incurred in connection with the collection of the
same inclUding interest at a rate of five percent (5%) per annum in
excess of the reference rate (the "Reference Rate") as announced by
Norwest Bank, N.A. from time to time, or the highest rate permitted
by law, whichever is lesa.
5.2 The following shall apply to the joint access easements
over and across Lots 1, 2 and 3 created by this Declaration:
.
(a) The Lot 2 Owner is hereby designated as the
administrator of the roadway created in Article III over Lots
1, 2 and 3 which designation shall run with the land and be
binding on the future Lot '2 owners. At such time as a person
or entity ceases to be a Lot 2 Owner, said person or entity
shall thereafter have no obligations as administrator of said
roadway and the new and/or remaining Lot 2 OWners shall
thereafter perform the duties of administrator.
(b) The adJllinistrator is granted the right of ingress
and egress to said easement area together with the right to
cons'truct., reconstruct, maintain, replace, alter and repair
the roadway, curbing, gut'ters, catch basins and related
i,Japrovements in said easement areas, inclUding but not limited
to snow plowing and snow storage. The administrator and
anyone performing the duties of the administrator shall use
reasonable efforts to perform such duties in such a aanner as
to cause as little disturbance in the use of Lots 1 and 3 as
is practicable under the cirCUmstances. The administrator
shall not be liable for any loss of business (or the
consequences thereof) incurred by persons or entities doing
business on Lots 2 or 3 occasioned by the failure or
inadequate performance of aGministrative duties under this
Declaration.
(c) The Lot 1 owner, Lot 2 Owner and the Lot 3 Owner
shall each be liable for one-third of the out-Of-pocket costs
anc1 expenses incurred by the administrator in the performance
ot its administrator's duties under this Declaration. Such
out-ot-pocket costs and e~es of the administrator shall
not include any overhead, administrative or management fee for
direct employees of th...: . Lqt 2 Owner but may include a
reasonable allocation for s.uCh items where the Lot 2 Owner has
contracted with a third party for such services. If such
third party is affiliated' with the Lot 2 owner, any contract
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shall not exceed market rates in the Twin cities area for
comparable services.
(d) In the event that the Lot 1 Owner and Lot 3 OWner
fails to pay its share of out-of-pocket costs and expenses of
the administrator within 20 days after billinq therefor, the
defaulting Lot Owner shall be liable for interest on such
unpaid amount at a rate of five percent (5%) per annum in
excess of the Reference Rate as announced by Norwest Bank,
N.A.. from time to time, or the highest rate permitted by law,
whichever is less, computed from the date of billing to the
date of payment and for costs of collection including
reasonable attorneys' fees whether or not legal proceedings
are commenced. No person or entity shall be liable for any
out-of-pocket costs and expenses of the administrator incurred
after such person or entity ceases to be a Lot 1 owner or Lot
3 owner and no person or entity shall be liable for any out-
Of-pocket costs and expenses of the administrator incurred
before such person or entity becomes a Lot 1 Owner or Lot 3
Owner.
5.3 The following shall apply to the joint access easements
over and across Lots 2 and 4 created by this Declaration:
(a) The Lot 2 owner is hereby designated as the
administrator of the joint roadway created in Article III over
Lots 2 and 4 which designation shall run with the land and be
binding on the future Lot 2 owners. At such time as a person
or entity ceases to be a Lot 2 owner, said person or entity
shall thereafter have no obllqations as administrator of said
roadway and the new and/or remaining Lot 2 OWners shall
thereafter perform the dut.ies of administrator..
(b) The administra'tor is granted the right of inqress
and. egress to said easement area together with the right to
construct, recon5truct, maintain, replace, alter and repair
the roadway, curbing, gutters, catch basins and related
improvements in said easement areas, inclUding but not limited
to snow plowinq and snow storage. ~e administrator and
anyone performing the duties of the administrator shall use
reasonable efforts to perform such duties in such a manner as
to cause as little disturbance in the use of Lot 4 as is
practicable under the circumstances.. The administrator shall
not be liable for any l~ of business (or the consequences
thereof) incurred by persons or entities doing business on Lot
.. occasioned by the failure or inadequate performance of
administrative duties under this DeClaration.
(c) The Lot 2 owner and the Lot 4 OWner shall each be
liable for one-half of the out-of-pocket costs and expenses
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incurred by the adminisuator in the performance of its
administrator's duties unQ8r this Declaration. Such out-of-
pocket costs and expenses of the administrator shall not
include any overhead, administrative or management fee for
direct employees of the Lot 2 owner but. may include a
reasonable allocation for such items where the Lot 2 OWner has
contracted with a third party for such services. If such
third party is affiliated with the Lot 2 Owner, any contract
shall not exceed market rates in the Twin Cities area for
comparable services.
(d) In the event that the Lot 4 Owner fails to pay its
share of out-of-pocket costs and expenses of the administrator
within 20 days after billinq therefor, the defaulting Lot
OWner shall be liable for interest on such unpaid amount at a
rate of five percent (5%) per annum in excess of the Reference
Rate, or the highest rate permitted by law, whichever is less,
computed from the date of billing to the date of payment and
for costs of collection including reasonable attorneys' fees
whether or not legal proceedings are commenced. No person or
entity shall be liable for any out-Of-pocket costs and
expenses of the administrator incurred after such person or
entity ceases to be a Lot 4 owner and no person or entity
shall be liable for any out-of-pocket costs and expenses of
the administrator incurred before such person or entity
becomes a Lot 4 owner.
ARTICLB VI
COMMON EXPENSES
In the event that there is incurred common expenses, other
than the common expenses identified in Article V, the OWners
benefi'tted by the common expense shall pay its percent amount based
upon the number of Lots benefi1::t.ed by the expense. In the event
that any Lot owner fails to pay its share of out-of-pocket oosts
and expenses of the cOlIIIIlon expense within 20 days after billing
therefor, the defaul tinq Lot owner shall be liable for interes't on
such unpaid amount at a rate of five percent (5%) per annum in
excess of the Reference Rate, or the highest rate permitted by law,
whichever is less, computed fro. the date of billinq to the date of
payment and for oasts of oollection incluc:l1nq reasonable att.orneys'
fees whether or not legal proceedinqs are commenced..
ARTICLE VII
RESTlUCTION Olf USE
Lots 1, 3 and 4 shall not be used as, in whole or in part, a
self service or retail gasoline station.. Lots 1 and 3 shall not be
used as, in whole or in part, a quick lube oil chanqe faoility. The
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restriction on use shall be for a period of twenty (20) years from
date of this Agreement.
ARTICLE VlIr
DURABIL:ITY
If any clause, sentence or other portion of the terms,
conditions, covenants or restrictions of this Declaration become
i1leqa1, null and void, for any reason or to be held by any Court
of competent jurisdiction to be so, the remaining portions will
remain in full force and effect.
ARTICLE IX
NO MERGER
There shall be no merger of rights and easements created
herein by reason of the fact that the same person or entity now
holds or hereafter acquires or holds directly or indirectly the fee
simple title of any of the Lots.
ARTICLE X
TERMINATION
This Declaration and the riqhts and easements created hereby .
may be terminated by an instrument in writing executed. by all
owners of the Lots and the holders of the indebtedness secured
hereby which should specifically provide for the termination of
this Declaration.
ARTICLE XI
SUCCESSORS Alfl) ASSIGNS
This Declaration, and the rights and easements created hereby,
and the covenants, obliqations and agreements contained herein,
shall be deemed to be covenants runnin<J with the land and shall be
binding upon Declarant, its successors and assigns.
ARTICLE XII
AllENDHENT
Any amendment to a Planned Un~t Development permit affecting
the property shall only be allowed if all owners of the Property
enter into the application for said amendment as required under
Golden Valley city Code Section 11.55, SuM. 13(K).
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ARTICLE xrII
SPOUSAL INTEREST
Barbara K. Lupient, wife of James W. Lupient, joins herein for
the sole purpose of relinquishing any spousal interest.
James W. Lupient
Barbara K. Lupient
KARKET PROPERTIES LLC
By
Its
STATE OF MnmESOTA )
) 5S.
COUNTY 01' HEHNEPIH )
The foregoing instrument was acknowledged before me this
day of , 1994, by James W. Lupient and Barbara K:"
Lupient, husband and wife.
Notary PUblic
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STATE OF MnmESOTA )
) ss.
COUNTY OF HENNEPIN )
The foreqoing instrument was acknowledged before
day of 1994, by
of Market Properties, LLC,
limited liability company, on behalf of the company.
.
me this
, the
a Minnesota
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Kaplan, strangis and Kaplan, Ii.A.
5500 Norwest Center
90 South Seventh street
Minneapolis, MN 55402
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BXIIZB%T 1
LBGAL DDc:a%PT%OIl
Lots 1, 2, 3 and 4, Block 1, Golden Valley Auto Hall
Addition, Hennepin county, Minnesota
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M E M 0 RAN DUM
DATE:
TO:
February 7, 1995
Golden Valley Planning Commission
FROM:
Mark W. Grimes, Director of Planning and Development
SUBJECT:
Informal Public Hearing - Amendment to the Preliminary Design Plan
for the Saturn Addition P.U.D. No. 63 - Jim Lupient Oldsmobile
Company (JLO), Applicant
In the fall of 1993, the City Council approved P.U.D. 63 that allowed for the
development of the four auto related businesses by Jim Lupient Oldsmobile (JLO).
These uses indicated the now completed Lando Collision Center, the currently
under construction Saturn dealership, a proposed Infiniti dealership that is now
proposed to be build adjacent to the Lupient Olds, and a new/used car sale
building for Lupient. I am attaching a copy of the site plan for the approved
P.U.D. No. 63.
JLO is now requesting an amendment to P.U.D. No. 63 that eliminates the Infiniti
dealership, expand the Lando Collision Center and relocates the new/used car
sales on the site. In addition, the parking and circulation plan for the site
is changed.
Lando Collision Center Building
,
The proposed amendment expands the existing Lando Collision Center footprint by
approximately 8,300 sq.ft. Lando is requesting to increase the size of the
building because there business is doing much better that projected. In order
to allow them to expand on the site, Lando is proposing a two level addition.
The first level has space for ten additional working stations. On the second
level and roof is proposed 48 enclosed parking spaces that will be accessible
by car lift. It is necessary to create this additional interior parking in
order to compensate for the 15 exterior spaces they are losing to the addition
and to provide additional parking for the 10 new work stations. In the end,
there is a net gain of parking on the site because of the 48 spaces.
The proposed building elevation is illustrated in the submitted documents. The
addition will make the entire building the same height as the existing office
area. The building materials will be the same as the existing building.
Saturn Building
The Saturn building is essentially the same as proposed in the original P.U.D.
except that the "future service" area was immediately constructed. This
building is scheduled to open in March. There are changes to the parking area
for the dealership as illustrated on the site plan.
Amendment No.1, Saturn Addition PUD 63
Page Two
New/Used Car Sales ~uilding
The new/used car auto sales building originally proposed
about 4,400 sq. ft. rather than the original 5,329 sq.ft.
be the used car sales for Lupient Olds. A small service
back of the building for basic repairs and car clean-up.
.
has been reduced to
This building will now
area is proposed on the
Sit~ Parking & Circulation
, ,
The site parking and circulation has changed significantly from the first plan.
The original plan indicated 387 parking spaces for employees, customers, inven-
tory, service and display. The revised plan indicates 410 spaces without count-
ing the 48 interior spaces on the second level of the Lando Collision Center.
Staff believes that this is a significant improvement.
The City staff asked JLO to reconsider the interior circulation plan for the
site. Staff believes that the new plan is much improved because it allows for
wider aisles and easier access for both customers and delivery vehicles. Also,
there is now only one curb cut on Market Street across from the entrace on the
east side of the Super America. The original plan has two curb cuts on Market
Street.
Lot Sile &.Dim~nsi9ns
The size and dimensions of the lots will not change from the original plan.
There is a cross parking and access agreement that allows free access and
parking by all users of the site. There is already such an agreement on file
with Hennepin County.
.
Signage
All signage for the site shall meet the requirements of the City's sign code.
There are no requests to increase the height of the proposed pylon signs.
Draina~e.& ,Utilities
The City Engineer has reviewed the revised grading and drainage plans and it is
acceptable to the City. There are no changes proposed to the ponding areas.
The utility plans are essentially the same as the original plan with the excep-
tion that the utility lines will now have to serve the relocated news/used car
sales building.
Landscaping
,
JLO has also submitted a new landscaping plan based on the new building loca-
tion. I have reviewed the plan and it appears adequate. This landscape plan
will also have to be submitted tot he Building Board of Review in order to
determine if it meets the City's minimum requirements.
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Amendment No.1, Saturn Addition PUD 63
Page Three
Setbacks
The setbacks from the streets and side property lines are the same as the orlgl-
nal plan. This means that the proposed setback from Market Street is 20 feet
which is 15 feet less than the required 35 feet. The setback along Louisiana
Avenue and Laurel Avenue meet or exceed the 35 foot setback requirement. Along
the east side of the property, the setback is greater than 20 feet adjacent to
the Lando building. The setback to the parking lot east of the Saturn building
is five feet. The rquired setback is 10 feet to parking and 20 feet to
bUilding.
Recommendation
Staff recommends approval of Amendment No.1 to the Saturn Addition P.U.D. No.
63 to allow for the expansion to the Lando Collision Center building, elimina-
tion of the Infiniti dealership and relocation and reduction in size of the
new/used car sales. The City staff believes that the proposed amendment with
the revised site plan is an improvement over the original plan.
Staff recommends the following conditions to approval:
1. The plans dated January 20, 1995 and submitted by Opus Architects and
Engineering, Inc. become a part of the approval. This includes the site
plan, landscape plan, utility plan and architectural plans.
2. The Lando Collision Center building may be expanded as shown on the plans
to include 10 new work stations. The second level parking area cannot be
converted to work space and shall only be used for parking of vehicles
waiting for service.
3. All signage on the site shall meet the requirements of the City's sign
code.
4. Jim Lupient Oldsmobile Company agrees to any assessments for a new signal
at Market and Louisiana and for the reconstruction of Market Street.
MWG:mkd
Attachmetns: Location Map
Narrative dated February 8, 1995 from Douglas Sailor
Plans (Attached)
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GOLCEN VALLEY
ST. LOUIS PARK
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MIDWEST MANAGEMENT, INC.
601 LAKESHORE PARKWAY, SUITE 1500 · MINNETONKA, MINNESOTA 55305
February 8, 1995
Mr. Mark W. Grimes
Director, Planning and Development
CITY OF GOLDEN VALLEY
7800 Golden Valley Road
Golden Valley, Minnesota 55427
RE: AMENDMENT APPLICATION
P.U.D. NO. 63
Dear Mark:
.
Pursuant to our many conversations and meetings over the past
several months, we have submitted our application and fee's for
the proposed amendment to the above referenced P.U.D. (Saturn
Addition). This letter will attempt to describe the cause and
necessity behind our requested amendment.
As you are aware, we have submitted application for a new sub-
division and P.U.D. on the property that currently holds Jim
Lupient Oldsmobile. TheJLO Addition application includes the
development of a small Infiniti sales and show room to be located
directly to the west of the existing Oldsmobile building.
However, since Infiniti has already been approved as a use under
the Saturn Addition, we are required to amend the Saturn P.U.D.
to eliminate Infiniti as a use before we can add them to JLO
Addition as a use.
.
Secondly, the new Boulevard Collision Center, now operating on
lot 3 of the Saturn Addition, achieved their fifth year
projections after their fourth month of operation. They are now
operating at their full potential and capacity for their existing
building. As you will recall, Boulevard Collision was believed
to have been over-designed for its projected volumes so that it
would not reach its capacity until at least year five. After
only one year of operation, they are unable to build on their
volume because of this dilemma. In order for them to simply
satisfy the current.demand and business levels, they are
requesting the ability to construct an addition to the existing
building which would allow for additional production space on the
main level and interior parking of vehicles scheduled for service
on the second level of the addition.
OFFICE (612) 449-4979 · FAX (612) 449-5533
~
Mr. Mark W. Grimes
February 8, 1995
Page 2
.
Thirdly, in our design attempts throughout the past several
months, concerns have been expressed by both the City and our
development team with respect to the overall parking and traffic
flow of this entire development. We have therefore redesigned
the parking, interior roadway systems and used car building
location in order to address all past and potential concerns in
this area.
As I believe we agree, the new development as proposed under this
amendment, cleans up the site considerably compared to the
original plan which was approved as Saturn Addition, P.U.D. No.
63. I believe we have made every attempt to satisfy any concerns
or suggestions made by the City staff and look forward to your
affirmative support of our new amended P.U.D.
Thank you again for your assistance in this matter and if you
should have any additional questions, do not hesitate to call.
Very truly yours,
.
MIDWEST MANAGEMENT, INC.
Agent for Jim Lupient Oldsmobile Company
Dougl Sailor
President
DSjdds
.