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09-26-95 PC Agenda . . -- AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room September 26, 1995 Tuesday 7:00 PM 1 I. Approval of Minutes - August 28, 1995 II. Informal Public Hearing - Conditional Use Permit Applicant: Marcellino Y. Hark q~~ .Q4.Oi Medicine Lake Road, Golden Valley, Minnesota Address: Request: To legalize the nonconforming gas service station and permit the expansion of the convenience food store in the Commercial Zoning District III. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and Community Standards Task Force IV. Other Business A. Design Concept for Townhouses at the North End of the Minnegasco Property (Golden Valley Road and Douglas Drive) V. Adjournment , J . 't .. PLANNING COMMISSION GUIDELINES FOR PUBLIC INPUT The Planning Commission is an advisory body, created to advise the City Council on land use. The Commission will recommend Council approval or denial of a land use proposal based upon the COll1lli5S;OnI5 determination-of- whether the pro- posed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. - The Commission holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Commission's recommenda- tion. in reaching its decision. To aid in your understanding and to facilitate your comments and questions, the Commission will utilize the following procedure: L The Commission Chair will introduce the proposal and the recommenda- tion from staff. Commission members may ask questions of staff. 2. The proponent will describe the proposal and answer any questions _ from the Commission. 3. The Chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The Chair may set a time limit for individual questions/comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for. questions/comments. 4. Please give your full na~ 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. -. i -4 . . . Minutes of the Golden Valley Planning Commission August 28, 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 Prazak at 7:00 PM. Those present were Commissioners Groger, Kapsner, Lewis, McAleese (arrived 7:10), Pentel, and Prazak; absent was Johnson. Also present were Mark Grimes, Director of Planning and Development; Elizabeth Knoblauch, City Planner and Mary Dold, Planning Secretary. I. Approval of Minutes - August 14, 1995 MOVED by Kapsner, seconded by Pentel and motion carried unanimously to approve the August 14, 1995 minutes as submitted. II. Informal Public Hearing - Planned Unit Development (No. 70) Applicant: Golden Valley Commons, L.L.C. Address: Northwest Quadrant of Olson Memorial Highway and Winnetka Avenue (Area C) Purpose: Review of the Preliminary Design Plan which proposes construction of mixed retail and restaurant uses on 7.8 acres on the site known as Area C Mark Grimes, Director of Planning and Development told the Commission that the applicant had requested a postponement of its application because of remaining issues on the development agreement. Opus requested a meeting with staff to discuss issues. Opus sent a letter requesting a postponement of their PUD request. Chair Prazak acknowledged the request for postponement of the informal public hearing for PUD No. 70, Golden Valley Commons, L.L.C., applicant. III. Discussion - Land Use for Area B The Commission reviewed the "Draft Memorandum" to the HRA. Commissioner Pentel briefly talked about a day care facility somewhere on the site. The Commission talked about affordable housing on the site which coincides with the Comprehensive Plan and affordable housing in the City. By consensus the Commission approved the "Draft Memorandum" with the addition of language that a .portion of the townhouse units meet guidelines for affordable housing. III. Reports on Meetings of the Housing and Redevelopment Authority. City Council. Board of Zoning Appeals. Community Standards Task Force Chair Prazak gave a brief summary of the Council meeting he attended where the Otten applications were withdrawn. Minutes of the Golden Valley Planning Commission August 28, 1995 Page Two IV. Other Business Staff told the Commission that due to a Jewish Holiday on September 25 the Planning Commission would need to meet on another night. Staff asked the Commission to' reserve Tuesday, September 26 for their second regular meeting due to an informal public hearing agenda item. V. Adjournment Chair Prazak adjourned the meeting at 7:40 PM. Jean Lewis, Secretary . . . . . . MEMORANDUM Date: September 22, 1995 To: Golden Valley Planning Commission From: Mark W. Grimes, Direc::tor of Planning and Dev~lopment Subject: Informal Public Hearing - Conditional Use Permit -- To allow-the conversion of the Union 76 station at 9504 Medicine Lake Road to be used as both a service station and convenience store -- Marcellino Hark, applicant. Marcellino Hark has requested a Conditional Use Permit (CUP) to allow the Union 76 station at 9504 Medicine Lake Road to be used as both a gas station (gas pumps only) and a convenience store. Within the Commercial Zoning District, gas stations and convenience stores are only permitted with a CUP. In the past, this station has been a full service gas station with repair bays. Mr. Hark recently leased the site from Union 76 and has eliminated the service bays. He will, however, keep the car wash bay. The two service bays will be converted to the convenience store. When Mr. Hark signed a lease on the store with Union 76, within the past several months, he was unaware that a CUP was necessary to operate a gas station and convenience store in Golden Valley. The existing service station has been at this location for many years and has operated without a CUP. The gas station is considered a nonconforming use because it does not have a CUP. The gas station was built prior to the City requiring such a permit. The Inspections Department brought-it to the Planning staff's attention that Mr. Hark was planning to change the service station by eliminating the service bays and converting the service bays to a convenience store. Nonconforming uses may not be changed without bringing them into conformity with the Code. In this case, a CUP would have to be issued to allow a gas station/convenience store. Staff then spoke to Mr. Hark and told him a CUP is needed. Mr. Hark was very concerned that this would delay his opening of the convenience store and cost him - money due to the delay. At his request, Mr. Hark has begun some of the_work to convert the station with the understanding that he will have to abide by the decision of the City Council regarding the CUP. The City has received a letter from Mr. Hark indicating that he will agree to the City Council decision. Staff has received both a site plan and floor plan for the site. The site plan indicates the size and location of the store, parking and gas pumps. Union 76 replaced the tanks at this store in 1992 and also put a canopy over the fueling islands. It is my understanding that the car wash bay has been there for several years. Memo - Marcellino Hark, Applicant Page Two . This is a unique site due to the 32 foot wide driveway easement over the west side of the property. This driveway easement serves the convenience store and liquor store south of this site. This easement was taken out of this property when Highway 169 was upgraded to freeway conditions. The liquor store and convenience store did have direct access to the old Highway 18. Because the gas station, liquor store and convenience store properties were all owned by the same party, this easement for access from Medicine Lake Road was established. This easement does give quick access to the two stores south of the gas station from Medicine Lake Road but it also provides a short-cut for some people trying to save a few seconds by avoiding the stop light at Medicine Lake Road and Mendelssohn Avenue (near McDonalds). Unfortunately, the City cannot eliminate this easement without compensating the persons benefiting from it. The site is about one acre in area including the easement driveway area. Generally, the building and site meet setback requirements except along Medicine Lake Road. The driveway area north of the canopy is setback only 12.5 feet from the north property line and the canopy itself is setback 23 feet from the north property line. The required setback is 35 feet. (Within the Commercial Zoning District, the side and rear yard setback is 25 feet to building and 12.5 feet to parking. Any setback adjacent to a street is 35 feet to building or parking.) . The existing building will not be added to for this conversion to a convenience store. As stated previously, the service bays are being eliminated to make room for the store. The car wash bay will remain. The total area of the building is approximately 1,850 sq.ft. Of that area, the store will occupy about 1,500 sq.ft. The car wash bay is about 350 sq.ft. in area. The attached floor plan indicates the layout of the proposed store. The parking required for a convenience store is one space for each 150 sq.ft. of retail space. With 1500 sq.ft. dedicated to retail sales, 10 parking spaces are required. The car wash portion requires 4 spaces plus one space for each three employees. Using these requirements, the site will require 15 total spaces. As indicated on the plan, there are 15 spaces. Staff believes that 15 spaces is more than adequate for this type of store. Most people that buy goods will have there car at the gas pumps and not need to use the parking spaces. Also, there is no more than two employees on site at any time. The car wash parking requirement is also excessive for this type of automated system. Mr. Hark and Union 76 will be repaving and putting in concrete curb and gutter where it is not now in place south of the store. They plan to do this work next Spring. They are also planning to enhance the landscaping in front of the store and along the sides and rear. Any change to the signs for the store will have to meet the requirements of the City's sign ordinance. . . . . Memo - Marcellino Hark, Applicant Page Three When reviewing a Conditional Use Permit application, the Planning Commission is charged with making certain findings regarding the application. These findings are then sent on to the City Council. The following is a list of those areas where findings are to be made and staff comments: 1. Demonstrated Need for the Proposed Use: The City's position has been to not make a judgment if there is a demonstrated need and let the market forces make that decision. In this case, there may be some that would argue there is adequate convenience shopping is this area because of the existing convenience store to the south and the Super America to the east. This proposal is somewhat unique because it is the only store that will sell both convenience goods and gas. The Super America store tried to put is gas several years ago but it was decided that there was not adequate space on the site for the pumps. 2. Consistency with the Comprehensive Plan: The Plan indicates that this area is designated for commercial development. This use is consistent with this designation. 3. Effect on any Anticipated Traffic Generation upon the Current Traffic Flow and Congestion in the Area: The proposed gas/convenience store will increase traffic somewhat but not enough to effect the capacity of Medicine Lake Rd. Staff believes that traffic will not be significantly affected by the proposed operation. 4. Effect upon Property Values in the Neighboring Area: This adjoining areas are zoned Commercial. The proposed upgrading of the building and site would have a positive effect on property valu'es in the area. 5. Effect of any Increases in Population and Density upon Surrounding Areas: The proposed use will not add any additional population to the area. 6. Increase in Noise Levels to be Caused by the Proposed Use: The proposed use will not add significantly to the noise in the area. There may be some reduction due to the elimination of auto repair previously done in the repair bays. 7. Any Odors, Dust, Smoke, Gas, or Vibration to be Caused by the Proposed Use: It is not anticipated that the proposed use would increase any of these nuisances. 8. Any Increases in Flies, Rats, or Other Animal or Vermin in the Area to be Caused by the Proposed Use: Th~ proposed use should not increase the number of animal pests in the area if proper sanitation measures are maintained. 9. Visual Appearance of the Proposed Structure or Use: The existing building will not be significantly altered from its existing state except two of the service bay doors will be eliminated and replaced with windows and brick. There will be new doors into Memo - Marcellino Hark, Applicant Page Four . the building as per the attached plan. These changes will be an improvement to the appearance of the building. 10. Any Other Effect Upon the General Public Health, Safety, and Welfare of the City and its Residents: The staff does .not believe there are other findings that need to be made. Recommended Action: Staff recommends approval of a Conditional Use Permit to allow the gas station at 9504 Medicine Lake Road to be converted to a gas/convenience store. The proposed plans provide for more than adequate parking on-site. Mr. Hark and Union 76 will also be doing improvements to enhance the site such as additional landscaping and paving. The existing gas station has been brought up to code as far as the tanks are concerned. The tanks were all replaced in 1992. The canopy was also built at that time to provide a better environment for the customers. Several persons have called me, that I know, and have indicated that Mr. Hark is a good operator of both gas and convenience stores; he has several others in the Twin Cities. . Mr. Hark has told me that he wants to make this a first class operation and it appears that he and. Union 76 are willing to spend money to insure that this happen.s. Staff knows that there may be some comments regarding the abundance of convenience stores in the area. How many does Golden Valley need? As stated in the findings, the City has decided not to involve itself in determining if there is too much-of any.usein the area. In the past, the City has had locations with three or four gas stations at one corner with each thriving. There are many areas in the Twin Cites where there are several convenience stores close to each other. In this area, there is a lot of multiple-family housing that benefit from these types of stores. Also, the proposed store.is somewhat different from the other two stores in the area because it will be the only one that sells both gas and goods. We have all grown used to this convenience. On the negative side, the two service bays will be eliminated which means one less place to get our vehicles serviced. The following conditions are recommended for the Conditional Use Permit: 1. The site plan submitted to the City (titled "Parking Layout") shall become part of this permit. The plan is dated 9/1/95. This shall include 15 parking spaces. 2. The property at 9504 Medicine Lake Road may be used for a gas/convenience store . with one car wash bay. . . . Memo - Marcellino Hark, Applicant Page Five 3. The parking lot to the south of the store will be repaved and concrete curb and gutter installed no latter than July 1, 1996. 4. All signage on the site will meet the City's sign ordinance. MWG:mkd Attachments: Location Map Letter dated September 1, 1995 regarding the "start of Improvements" Narrative Letter dated September 1, 1995 regarding "Purpose of Construction and Additional Information" Site Plans (Interior and Parking Layout) !E~I~~~E lAKE ROAD .. . .s I \ " .:~ I ::"" to""j ",:;.' '- ..1::" , 0 - ' 0::" 0'0:) '<ta')' CD .,.,'" CJ) Q;)..... ...J ',,..;. ...J ~ I.i b_b~I') . <.;,C"..__ ?667Z N89'5,'1I!'1 I ,-<'" / -~-. _/ ~'..:J..... ---- .~ '.30 9i4f :~ t ~. :"T~~ 3 · _ ....J-n.&. ..' n 3~: _~ 8~ . IT> ,., o o '^ ~ ~ . . ,- " '.0': :I: I ... .. , , 3 :.1. ,- .; - <t~;. :x: ; .... '" ~ . . . ~ .... "' ~ .., Ul 0- ... "- ~-9~ Q' A ~9' C'~./ 't ~.~. ?, C',>' o ~-?~ Q' A.f (~ " ~~ ~~<7 ~., C'~ ?ll - ~ .JJ-- --' q. <:5 '" ~. ~ 0 w~ ~.:~ .: ~;.') -" : .:. \\' , Af€D~;'3 ;; , ~ ey OUTLOT '" "e /,3(;.2.5 ~ c>"'\""'\'<~ C ~ 7 :;- o 2 "_ .:: 4L- I I -= CD . ... 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September l, 1995 Mr. Mark Grimes Director of Planning City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 HAND DELIVERED RE: Union 76 Convenience Store 9405 Medicine Lake Road Golden Valley, MN 55427 Dear Mr. Grimes: r am writing to you to follow up our recent telephone calls regarding the above project. I completely understand the terms under which we may start our improvements at the 76 station. Even though we are making all of our improvements, there is no guarantee that the City of Golden Valley will grant the approval for the expanded convenience store. I am willing to take this risk and understand that! am solely responsible. I also know that even if we complete our improvements before the city issues its approval, we cannot begin operation as an expanded convenience store until the city issues its permit and approvals. However, there is no guarantee the city will do this and we will accept the risk. Again, thank you for all of your assistance on this project. Very truly yours, \-\~~C\~\ ~L ~ Marcel1i~ TOTAL P. 02 . September l, 1995 HAND DELIVERED City of Golden Valley 7800 Golden Valley Road Golden valleYt MN 55427 RE: Union 76 Convenience Store 9405 Medicine Lake Road Golden Valley. MN 55427 Furnose of Const~ction and Additional Tn~ormation . This let~er will serve as a description of the purpose of our construction for the above project. We plan to do the following: ~. Expand our walk-in cooler to handle a large variety of soft drinks and dairy products. 2. Expand customer access to all of our pop and dairy coolers. 3. Add merchandise display space and shelving. 4. Improve floor covering ~n the entire store. 5. Improve customer access to our products, improve circulation and use of the site. As additional information we offer the following: A. We will not be creating a different type of use for the site, we will merely be expanding the existing convenience store. The entire space will be devoted to the use of the convenience store. B. We anticipate employing three full time employees and six part time employees. . Page ':'wo September 1, 1995 . C. 7he number of potential customers is unknown at this time, however we anticipate approximately 300-500 customers per day. D. ~ours of operation will be 24 hours per day, 365 days per year. E. This type of use is commonly accepted in all neighborhoods and communities and we do not expect any adverse reception. F. Our site will continue to look nearly exactly as the same, although with the site devoted entirely to the expanded ccnvenience store, rather than two auto repair bays. We do nee anticipate any adverse impact from use of the site, because we are merely expanding our current convenience st.ore use. If the city requires any additional information, please contact us directly. Our intention is to work with the City of Golden- Val:ey and its surrounding communities to create a conveni~nt, clean, well run store. Therefore, we encourage any and all comments from the City Council and the surrounding communities. . Again, thank you for all of your assistance on this project. Very -=.ruly yours, ~ ~. ~ \ .~~\.~\~ . arcellino Hark . . TOTAL P. 03 ~ CARLA DE I TOWNHOMES t MODELS HERE * =- Foley CARRARA Ivd. TOWNHOMES 133rd & HWY 65 . --I 81st Ave. ~ MIDDLETOWN TOWNHOMES University Avenue "OLD" CENTRAL AVENUE t . North ....~ '" o m n ~ !<>>-~ a" ~ =t: _r-m I:l~~ ....!; ~ ,,~ i:i . --aza~ ~= en .. :.e IC)"'" ... ~ m <: l:: ~ ~ va ;....II rn I:l ..... . -. -I en ..... ." w -I -. S ,~. ~ ___mO@ I:l~ ":IIE~ s.OJ tl.)fnZ ~ ~ ~ n'" 0 '" z'" r;; OQ' l:l'" o :<. ;:: e _ !III:S: Vj' ~ a iiIII Z -.;;l In m ~ ~ r: ... w '" v,.... ..... . \0 ~ 13 \.It = ~ \0 n 8 . . '. - ~~ o ~ ::J Z CD ~ :I: o 3 CD III CD == CD ... -I ~ D) :s :0 CD :s ..... ~ . ":':- ~' . END MODEL $89,900 :MIDDLE MODEL $83,900 . THREE BEDROOMS TWO BEDROOMS PLUS LOFT I I I I I I I L._____ LOFT VAULTED UVING ROOM BELOW TOP FLOOR -~ OPEN I: TO I VAULTED II LMNG II ROOM I BELOW I " = :.== ====ll . . DOUBLE I GARAGE MAIN FLOOR DOUBLE GARAGE (> PATIO · 1,350 Sq. Ft. Finished! · Plus Full Basements! · All Appliances Included! · Main Floor Laundry! · Snack Bar Kitchen! · Walk-In Pantry! · Main Floor 1/2 Bath! · Vaulted Living Room! · Fireplace in End Model! · Loft in Middle Model! · Attached Garage! · Central Air! $891 Per Month . $ 844 Per Month Included principal. interest, estimated taxes. M.I.P.. & H.O. Association dues. Examples: For $89,900 sale price: $2050 down payment: $87.850 mortgage amount; monthly payment Is then $675, principle and Interest only. For $83,900 sale price; $1900 down payment: $82,000 mortgage amount; monthly payment is then $630, principle and Interest only. This Is based on a 8.5% FHA adjustable rate, 30 year mort- gage. Then the "annual percentage rate" is a yield of 9.3&% (this is a required disclosure based on five days interest by law). Borrower must meet applicable FHA and VA income guidelines and pay normal closing and prepaid/escrow costs. Interest rates are current at the time of printing. Some lots have premiums of up to $10.000, and . are subject to change without notice. Artists drawings are not exact - see our models. Call 755~3742 To Hear About Models! 24 hrs. (Try Right Now!) G:r ~ M.L.#8269 . . ! I :/ I ;: I I I \ \ \ \ - ~ -=::. I r- I r.~ 'or i'1 ~~ / / :~ -...,.. -~.- ~-'"'- ....... \ ~ o 100 200 ~ ~ / / r---T I I ---- ____-I / APPROXIMA TE TANK LOCATION5 \ SCALE IN FEET ~nnrlnllnrjlnn Ii, I II i' , II; I I UU!I !U' i II Ii. ;.1 IUI! I 'u UUGLJ U n,nn' nnn.rinn~., '1 iI,' II 1 i; i i I: ;: II! I: Ii, II!I. Ilj'l I' 'I 'I ",I I" I, uuUuuUu LJu nnrln I 'I i: ' ! !. 1 i :! i ! i i i i j! ;. 'I LJuUl....iUu~:i.......iGu n r--- r-'\ r--, : i I :; !: [ i! :: i: . ,\UUUUL ,-,uUG ,..--, '" / - / ------~- / --- ----- - --- ~ DOUGLAS DRIVE -- 104 STALl.S 104 STALl.S 46 STALl.S 4.'3 STALLS I UNIT ~ ~JECT SUMMA~ TOTAL Al"!EA NUM6ER OF l.OTS DENSITY 4.12 ACl"!ES 52 11.0 UNITe I ACl"!E ~ F'AFiKING 6UMMA~ COVEl"!ED ~T OF GARAGE ADDITIONAl.. RATIO ',----- - - --- - -, /- \, \ ",,-,~ "',," ~ ...", \ '" i "... -..s ~...... , .--.::,~..~{ (""("(""""'~ ~"""""'\ .",....""...". -"\ \, ... .... .... ... ... .... ... .... ... ... ~r" 'I "................................ ~~'" ~ ~ ~ ~ ~ ~ ~ ~~;__~.il'-~J 1...~)..."-..._...... TOWER I FALL ZONE I ---;Y L ---- - ~ .--/ ----- ----------== -_::------- _--------------- M\"':;'Af'o:::~"'\ELO · &QlJ'1-IE"" ....... . ............... [:::-=J GOLDEN VALLEY MINNESOTA 1- landfotm ~~v1"""'~ C<>>>-f-hJ"'j ~-a~~~-=- DATE, FILE NAME. - ~I CONCEF'T , CI-IARL IE