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07-25-94 PC Agenda AGE N 0 A G,OlDEN VALLEY PLANNING COMMISSIO~ Regular Meeting Golden Valley City Hall 7800 Golden Valley Road Council Chambers July '25, 1994 7:00 PM . 1. APPROVAL.9fMINUTES - July 11, 1994 . INFORMAL PUBLIC HEARING - CONDITIONAL.U$tPERMIT(No.65) Appll(;ant: UnitedProfessional.ComPCinies, .Inc. . . ~. - . - ,', Addres$:> "'345 'Pennsyl vani a Avenue ,South,GoJ~Em Valiey"Mi nnesota , ' , Request: To use the property located. at 345 Penn,syl vani a Avenue S.outh as the corporateoffiees'for'UnitedProfessional ,Companies, Inc. and allow for an institutional "closed door" pharmacy and space for the storage of medical records and medical products . Ill. INFORMAl.. PI)8LICHEARING - AMENDMENT TO THE LIGHT 'INDUSTRIAL ZONING DISTRICT --SECTION 11.35 Applicant: Address :' Prudential Realty Group 5740 Wayzata Blvd. ,(Amendmentlncludesal1 Light Industrial Zoning Districts inthe.city) ,.Amend certain provisionsoftheZon.lngChapter pertainin~ '" to the Light Industrial Di s,tricttSec~ion 11.35) Request:" IV. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELO}lMt:NTAUTHORITY, ,CITY CQUNCILANll BOARI) OF ZONING APPEALS ' V. OTHER BUSINESS VI. ADJOURNMENT " . 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 Commission's determination of whether the pro- posed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use wi", 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: 1. 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 rai~ing their hands. The Chair may set a time limit for individual qu~stions/comments if a large number of persons have indicated a desire to speak. Spok~spersons for groups will have a longer pertod 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. e , . e .- . . . . MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION July 11, 1994 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 Vice-Chair Johnson at 7:02 PM. Those present were Commissioners Groger, Johnson, Kapsner, Lewis, Pentel and Prazak; absent was McAleese. Also present were Mark Grimes, Director of Planning and Development, Beth Knoblauch, City Planner and Mary Dold, Secretary. I. Approval of Minutes - June 27, 1994 MOVED by Kapsner, seconded by Johnson and motion carried unanimously to approve the June 27, 1994 minutes as submitted. II. Informal Public Hearing - Conditional Use Permtt Applicant: The Ackerberg Group Address: 8901 Wayzata Boulevard, Golden Valley, Minnesota Request: To use the building as a trade school/training program by the Intermediate School District 287 (ISO 287), Hennepin Technical College Mark Grimes, Director of Planning and Development reviewed his report with the Planning Commission discussing the rear parking and use of the building by the school. He continued by reviewing the ten factors associated with a conditional use permit. Mr. Grimes commented on the parking saying that all students will be bused to the site and only staff will have cars on-site. ISO 287 is therefore asking that the back parking lot not be built at this time and that it only be built if the City determines there is such a need. Commissioner Lewis asked the representatives from the school about their 70001 Program. Joe Kennendy and Loleet Wright, from ISD 287, briefly talked about the 70001 Program located at 715 Florida Avenue which allows for the operation of an employment skills training program for high school dropouts. The City has not received any complaints regarding this site. Mr. Kennedy and Ms. Wright talked about 1) what the focus would be at the 8901 Wayzata Boulevard school, 2) they have outgrown the site in Eden Prairie and 3) the graduation rate of the school. Ms. Wright commented that this particular program has not been in existence very long so no long-term data is available on the program. Ms. Wright also talked about the attendance at the school, which is high due to the fact that these students want to be there. Commissioner Kapsner asked staff how the City finds out if there is a problem at the school. Mr. Grimes said the only way the City would know is if a complaint has been filed. Commissioner Pentel was concerned about where the students would be smoking. Ms. Wright commented that the students would have a ten minute break, and would need to use the back entrance (outside the building) which would be a supervised area. Vice-Chair Johnson opened the informal public hearing; seeing and hearing no one Vice-Chair Johnson closed the informal public hearing. ~ . . . Minutes of the Golden Valley Planning Commission July 11, 1994 Page Two MOVED by Prazak, seconded by Lewis and motion carried unanimously to recommend to the City Council approval for a Conditional Use Permit to The Ackerberg Group so they may lease the building at 8901 Wayzata Blvd. to the Intermediate District 287 for a trade school/training program subject to the five conditions listed below (including the change to No.3 as discussed by the Commission): 1. The school be operated by ISO 287, Hennepin Technical College. The program will service students between ages 16-21 with emotional/behavioral disorders. 2. The total number of students and staff on site shall be limited to 50. 3. The owner of the building will construct an additional 27 parking spaces on the site if it is determined additional parking is needed which is at the sole discretion of the City of Golden Valley. Also, the additional parking lot shall meet all City standards (curb and gutter and paved). 4. All other applicable City and State requirements shall be met. 5. Failure to comply with one or more of the above conditions shall be grounds for revocation of the Conditional Use Permit. III. 11.90 Subd. 4 -- Board of licant Mark W. Grimes, Director of Planning and Development, gave a brief summary on the three main changes to the City Code regarding Section 11.90, Subd. 4 (BZA) which are outlined in his memo to the Board of Zoning Appeals dated June 8, 1994. Staff and the Planning Commission discussed the changes. Vice-Chair Johnson opened the informal pUblic hearing; seeing and hearing no one Vice-Chair Johnson closed the informal public hearing. MOVED by Pentel, seconded by Lewis and motion carried unanimously to recommend to the City Council approval of the amendments to Section 11.90, Subd. 4 (BZA) of the City Code. IV. Reports on Meetings of the Housinf and Redevelopment Authority, City Council and Board of Zoning Appea s No meetings were discussed. V. Other Business No other business was discussed. VI. Adjournment Vice-Chair Johnson adjourned the Planning Commission meeting at 8:15 PM. Jean Lewis, Secretary e e e M E M 0 RAN DUM DATE: July 21, 1994 TO: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Informal Public Hearing -- Conditional Use Permit to Allow United Professional Companies, Inc. (Applicant) to Use the Building at 345 Pennsylvania Avenue South for a Combined Corporate Office, "Closed Door" Institutional Pharmacy and Warehouse Space United Professional Companies, Inc. (UPC) has requested a Conditional Use Permit (CUP) to allow the use of the old Mark Hurd building at 345 Pennsylvania Avenue South for a combined corporate office, "closed door" institutional pharmacy and warehouse for medical supplies. The CUP is necessary because this property is zoned Business and Professional Office (B&PO). Within that Zoning District, certain conditional uses are allowed. It is the interpretation of the Planning staff that the use of the 345 Pennsylvania Avenue So. building for the combined three uses may be compatible with the intent of the B&PO Zoning District. (Enclosed is a copy of the B&PO text that explains the uses that are permitted by conditional use, along with Section 11.80 -- Conditional Uses.) For the past couple years, UPC has been located east of Trevilla Nursing Home at 7445 Glenwood Avenue in Golden Valley. UPC is owned by United Health Inc. of Milwaukee, Wisconsin, the same company that owns the Trevilla Nursing Homes. The 7445 Glenwood site was formally used by Trevilla as a laundry and prior to that time, it was a Masonic Lodge. UPC serves the Trevilla nursing homes and other long-term care homes with prescriptions and some medical supplies. UPC has operated on Glenwood Avenue for a couple of years without complaints from the adjoining single-family neighborhood. UPC has outgrown their current site. At the present location, the parking lot used by UPC employees is shared with Trevilla employees. Parking is tight during the day. The old Mark Hurd building at 345 Pennsylvania Avenue So. is the building where UPC would like to move. This building is zoned B&PO. The building is adjacent to single-family residential property on the north and west sides and Institu- tional property on the east. Access to the site is from three driveways off of Pennsylvania Avenue. The northern driveway serves the corporate office and has only eight (8) parking spaces. The other two driveways serve the two parking areas south of the building. The property is well maintained. The absentee owner is to be complimented on the overall condition of the building. I have toured the site and building and found it to be in good shape. I have asked Jeffrey Kolmer, Executive Director of Operations for UPC, to describe the operation and how it would fit in at the proposed site (see narra- tive and memo dated July 6th and 19th). I am also enclosing the site and floor plans submitted by UPC. e e e Memo for CUP - United Professional Companies, Inc. July 21, 1994 Page Two As stated in the materials submitted by Mr. Kolmer, the entire 20,850 sq.ft. building will be used by UPC and its separate businesses. The upper level is approximately 15,500 sq.ft. in area. The existing office area in the building is about 7,400 sq.ft. This would be used by UPC for administrative offices. The remaining 8,100 sq.ft. on the upper level would be the institutional pharmacy along with a computer room, medical records, data entry and work areas for the pharmacists and technicians. I have toured the existing UPC facility on Glenwood Avenue; it is a two-level facility. The upper level is office spaces, and the lower level is the pharmacy with a dispensing area where orders are filled and an open office/work area for pharmacy employees. The approximate 5,500 sq.ft. on the lower level of the Mark Hurd building is proposed to be used for the warehousing of medical supplies by Community Health Care Services (one of the UPC divisions) and also medical record storage. Two employees will work in the lower level as described by Kolmer. There are some improvements that will need to be made to the building for UPC. These are described in the July 19, 1994 memo from Mr. Kolmer. The most signi- ficant changes include the replacement of the double doors on the southeast corner of the basement level. These doors will be replaced by a standard size garage door for deliveries to the Community Health Care Services, the basement tenant. They do not require a loading dock. According to UPC, there is minimal truck traffic to the site. The pharmacy would have 2-4 incoming deliveries from suppliers. The pharmacy would then deliver the prescriptions to their various clients (nursing homes, etc.) at approximately 7 PM. They use unmarked cars as delivery vehicles. The cars return between 9 PM and 10:30 PM the same evening. The basement tenant receives an average of one delivery a day by a UPS type van or smaller vehicle. They also make deliveries of products in two company vehicles. I am concerned about the use of the delivery door situation for the upper level pharmacy. They are planning to use the double doors south of the main entrance on Pennsylvania Avenue. Both the deliveries to and from the pharmacy will take place from here. This is a small parking area for 4-6 cars. Is it large enough for delivery vehicles? Will the area not be used for parking at all? I would assume that the autos used by UPC to make deliveries would be parked south of the building on the main lots. The Planning Commission may want to consider requiring all deliveries to take place from the parking area south of the building. This would keep the character of the front of the building the same. (I am sure that UPC wants to keep the pharmacy deliveries on the upper level, otherwise the deliveries would have to go up and down the rear stairs.) The small upper level parking area would remain for 4-6 cars and therefore, minimal use. I would assume it would be used for visitor parking. e e e Memo for CUP - United Professional Companies, Inc. July 21, 1994 Page Three Parking for the site is in the two lots south of the building. These lots have approximately 100 spaces which exceeds the required parking for the building at the office requirement of one (1) space for every 250 sq.ft. (84 are required). UPC has 60 full-time employees and 20 part-time employees working three shifts. (The 11 PM to 7 AM shift only has 2-4 employees at the site.) With the ten com- pany vehicles, the existing parking should be adequate. The far south parking lot does not fit 60 cars as shown on the site plan. This lot is now large enough for 36 cars, but it could be expanded if needed. It is now used by the institutional user to the east for overflow parking. Access to the property is from Pennsylvania Avenue. There is no access from laurel Avenue, therefore all traffic uses Pennsylvania Avenue which also serves the surrounding residential neighborhood. Is the traffic flow from the UPC use similar to that created by an office? Generally, most of the UPC operation is like an office. It will have a 7,400 sq.ft. corporate office. The pharmacies will have product (drugs) on shelves that are delivered to UPC clients after a prescription is checked and filled by the pharmacist. As stated in the materials, UPC fills about 38,000 prescriptions per month for over 6,000 resi- dents of long-term care facilities in Minnesota and western Wisconsin. In order to do this kind of business, there are many administrative functions that occur in an office type setting such as billing, maintaining records, data entry and pharmacy consultation. This is not an open pharmacy so no drugs are sold directly to a customer from the building. Security is a concern that should be considered when reviewing a pharmacy. Mr. Kolmer has addressed this in his July 19, 1994 memo. I have also spoken to the Director of Public Safety, Dean Mooney. Because of the nature of this pharmacy, he does not anticipate any security problems. Since they have been on Glenwood Avenue, they have not had any break-ins or security problems. Findings The Planning Commission must make findings on the ten factors that will be for- warded to the City Council. They are as follows with staff comment: 1. Demonstrated Need for the Proposed Use: The City has used, to test, that if an entity wants to operate the business, there is then a need. In this case UPC has a proven market and track record. They are providing a service to residents of long-term care facilities. 2. Consistency with the Comprehensive Plan of the City: The Plan designates the 345 Pennsylvania Avenue South property as B&PO, the same as the zoning. The proposed use by UPC is a combination of uses including cor- porate offices, pharmacy offices, storage and a pharmacy. The City has permitted medical clinics in the B&PO zoning district. Small pharmacies are also in office buildings to serve patients of those clinics in office buildings. Memo for CUP - United Professional Companies, Inc. July 21, 1994 Page Four ~ The past use of this building was by Mark Hurd Aerial Photographers. They used the building for administrative offices and for the produc- tion of photos. There were many large photo production machines in the building. There was also much technical work that went on in the build- ing related to photos. Photos were produced on this site and delivered to clients. 3. Effect upon Property Values in the Area: It is the intent of UPC to not change the outside characteristics of the building with the exception of the new rear loading door. The site is well landscaped and is well screened from the adjoining properties to the north and east. The amount of traffic from this type of use should not be that much different from an office building. Even with offices, there are delivery vehicles simi- lar to those proposed by UPC. Overall, I believe the use proposed by UPC will not have a significant effect on property values because of its office-like characteristics. ~ 4. Effect on Any Anticipated Traffic Generation on the Current Flow of Traffic in the Area: The proposed UPC use will bring about 80 employees to the site. Most employees will work during regular business hours with some working in the early evening and a couple over night. The amount of people working with UPC is similar to the amount that worked at Mark Hurd. There will be traffic added to Pennsylvania Avenue that has not been there for several years since Mark Hurd has been closed. The great majority of the traffic will use the two southern driveways leading to the parking areas. The small north parking lot serves only 4-6 cars and was used by Mark Hurd for visitor parking. There will be deliveries to and from the site. Those have been previously discussed. Some type of deliveries are expected with any business and this one is no exception. The deliveries done by UPC to nursing homes is done in cars which are much less noisy, large and objectable than trucks. It appears that truck traffic will be kept rather low due to the limited amount of deliveries. 5. Effect of any Increases in Population on the Area: The proposed use will not increase the population of the area. 6. Increase in Noise Levels to be Caused by the Use: Other than traffic to the site, the proposed use will not cause increased noise. 7. Any Odors, Dust, Smoke, Gas or Vibration Caused by Use: None of these problems are anticipated from the proposed use. 8. Any Increase in Flies, Rates or Other Animals and Vermin Due to the Proposed Use: None of these problems are anticipated from the proposed use. ~ 9. Visual Appearance of any Proposed Structure or Use: The visual appearance of the building will not change. 10. Other Effects Upon the General Public Health, Safety and Welfare: The security issue should be taken under consideration. However, I believe that this issue has been addressed by Mr. Kolmer and the Director of Public Safety. e e e Memo for CUP - United Professional Companies, Inc. July 21, 1994 Page Five Conclusion The Planning Commission must determine if they believe the use of the building proposed by United Professional Companies, Inc. are consistent with the intent and purpose of the B&PO Zoning District. The Code states that a Conditional Use Permit may be granted to uses "because of their unusual characteristics or the service they provide to the public". United Professional Companies, Inc. is a unique operation because of its combined uses as a "closed door" pharmacy and corporate office. It also has a good track record with its current operation on Glenwood Avenue. MWG:mkd Attachments: Location Map Narrative dated July 6th and Memo to Mark Grimes dated July 19th from Jeffrey Kolmer, Executive Director of Operations Conditional Use Permit/B&PO Sections of Zoning Code Site and Floor Plans (3) I.?$' 31' 12' '. i'~ , .' ~.~ 5.. ~ T\\~G ~ > ~~ - 30. ~ " r:. ..... "'" 13419 J...." .- .v '", .?~ ~ ~ ~. . ~ l i c-- -= ---, ;!J/9S "'t17'34'~I.' r '.I~ H :i (F.lfO' 5'Z&'G5) LAUREL ~ ,10 Ii I I I 7 ~ '4i:, -;~ :>, , . Olt "a ~ J ll) ,--~- 4 5 ~ '" , .:I. '" " r.:: I ~ . 0(' ~ ',) _ 1~1._4 _ I . , .~ ';835 r ~ " ~ '.. G - J ..J?s-. I~' - ~I~.,,~Q I - -'Z - - -, _ _--ID.of___ C -J .1 , , ~6;"-'-'--"" .. 'Um. UNITED PHARMACY ASSOCliUES OF MINNESOTA e To: City of Golden Valley Planning and Zoning Department From: Jeffrey Kolmer Executive Director of Operations Date: July 6, 1994 UNITED PROFESSIONAL COMPANIES, INC. MINNESOTA OPERATIONS United Professional Companies, Inc. (UPC) is currently located at 7445 Glenwood Avenue, Golden Valley Minnesota. UPC Minnesota is one of seven branch locations around the country. UPC is owned by United Health, Inc. with headquarters in Milwaukee, WI, which also owns 150+ nursing homes in 17 states. UPC Minnesota has been operating within this state since 1982 and within its present site since 1986. We have outgrown this location and hope to move to a larger facility also located in Golden Valley. UPC is a healthcare service company with its primary business focus within long term care facilities. UPC Minnesota includes four separate businesses. In total these businesses employ approximately 60 full time and 20 part time associates. The following is a brief synopsis of each of the four businesses: e 1. United Pharmacy Associates (UPA): This is an institutional pharmacy servicing 40 nursing homes and 120 group homes within an 80 mile radius of our Golden Valley location. In total over 6000+ residents of these facilities are serviced with daily delivery of necessary medications. Over 38,000 prescriptions are dispensed each month. A substantial inventory is maintained, as well as a competent staff of pharmacists, pharmacy technicians, medical records/data entry personnel, billing clerks, delivery personnel and other 8dmini~tive staff. As an institutional pharmacy ("closed door"), we do not advertise or seek traditional walk in "retail" clients. In fact, our outside signage does not specify a pharmacy exists on our premises, it reads, "UP A of Minnesota. " We do not maintain inventory of the normal "front end" merchandise you might find in a typical drug store. Our business is highly specialized and tailored with the specific services necessary for our customers. These include resident medical records, unit dose medications, pharmacy consulting, inservice education and more. We do not m~nufacture any of the drugs we dispense. UPA operates 24 hours per day except Friday and Saturday nights when we are on-ca1l. 2. United IV: This is an adjunct to the primary pharmacy business, with this operation speci~1izing in various IV therapies required by patients in nursing homes as well as homecare. A "clean room" with specialized equipment (IV hoods) are required when preparing the patient specific parenteral medications. The typical kinds of therapies include, hydration, antibiotic, TPN, pain management, and chemotherapy. The staff includes pharmacists, IV pharmacy technicians, billing personnel, IV nurses and delivery personnel. Currently, between 70 to 100 patients per month are serviced throughout the state and western Wisconsin. Due to the acutely critical nature of these patients, pharmacist and nurse monitoring occurs daily. Pharmacists and nurses are available either on-site or on-ca1l 24 hours per day. 3. UHF Purchasing: This is a buying group established for nursing homes to enable them to achieve better pricing on a variety of products and services. Our region covers all of Minnesota and western Wisconsin. Over 220 member nursing homes belong to UHF Purchasing, which includes three administrative employees out of our offices. e 7445 Glenwood Avenue · Minneapolis, MN 55427 · (612) 546-1542 :. e e 4. Community HealthCare Services: This business provides certain disposable medical products covered by Medicare Part B to patients in nursing homes. These include such items as catheters and related items, enteral nutritional and ostomy products. We service approximately 45 nursing homes throughout the entire state and western Wisconsin. Currently this business operates with two employees at a warehouse less than one mile from our primary location. The warehouse is approximately 3300 square feet. The two warehouse employees receive merchandise and deliver same. Many of our pharmacy records are stored at this facility as well. It is our hope to combine this operation with our other existing businesses at a new location with adequate space. This would help us achieve efficiencies as well as easier access to our records. In summary UPC provides a variety of hea1thcare related services centered around the needs of long term care facilities. Our staff is primarily professional. clerical and administrative in makeup. If you have any further questions please feel free to call me at 546-1542. 'Um: UNITED PHARMACY ASSOClJUES OF MINNESOTA . To: Mark Grimes Golden Valley City Planning Department From: Jeffrey Kolmer Executive Director of Operations United Professional Companies. Inc. Subj: Projected building improvements at 345 Pennsylvania Avenue Date: July 19,1994 You have asked me to provide you with some additional understanding as to the specific use within the proposed promises and any improvements UPC plans to make to insure the building is suitable. The following is a brief summary of these activities: The Use: The proposed building would provide UPC operations with over a 60% increase in space versus our current location. The first floor (approx. 15,500 sq. ft.) would be used for administrative (the offices) and institutional and IV pharmacy. This area would account for 95% of the employees ofUPC. The institutional and IV pharmacies would be located in the large open area approximately 8100 sq. ft.. This area includes the computer room. medical records, data entry, pharmacy technicians and pharmacists. Deliveries both incoming and outgoing occur through the double doors to the right of the main entrance, which leads directly into the pharmacy area. Incoming deliveries occur from two to four times per day, are short in duration, utilizing UPS trucks or similar vehicles from our wholesaler. Outgoing deliveries occur at approximately 7:00 PM each night, where all ten delivery vehicles are used. These return between 9:00 and 10:30 PM the same evening. ASAP deliveries might utilize from one to three vehicles leaving the building intermittently throughout the day and night as our customers require. . The administrative offices (approx. 7400 sq. ft.) would not be altered significantly. This space includes billing, IV nursing, marketing, UHF Purchasing, conference rooms, mail room etc. The lower floor (approx. 5500 sq. ft.) would be used for medical supplies (Community HealthCare Services) and medical record storage. Currently two employees work in a smaller warehouse space off premises. They utilize two company vehicles during the day (also used for deliveries at night by the pharmacy). Merchsjndise would be received directly in the lower level averaging once per day in the morning. Generally deliveries are UPS or smaller truck and occasionally a semi trailer will also unload product. BuDding Improvements: The projected improvements are fairly minor by most standards. The exterior changes include some painting and removing the double doors on the lower level (warehouse) and replacing them with a garage door. The opening would have to be enlarged to accommodate a standard size garage door. We do not require a truck loading dock. Interior improvements include painting, wallpapering, carpeting of offices and pharmacy areas. Possible addition of a bathroom and lunchroom are included. The ceiling lights in the pharmacy would be raised by approximately two feet. An entry (barrier) wall would be constructed from the double door pharmacy delivery entrance on the first floor for weather protection. An additional wall inside the large pharmacy area would delineate the medical records and data entry function from the main pharmacy area. An IV "clean room" would be built within the pharmacy (approx. 200 sq. ft.). The remainder of the pharmacy space would remain open, available for shelving, tables and work areas. The office areas would remain as they are with the exception of the executive comer office. This area would be made more useful by eliminating the wall to the secretary room and opening an archway into the hallway. This area could then be used by a larger department with several employees. . The lower level would be painted and the floor sealed suitable for traditional warehouse space. 7445 Glenwood Avenue · Minneapolis, MN 55427 · (612) 546-1542 e Exterior signs would be similar to the current location. No mention of pharmacy activities occurs on any exterior signs. UPC would also comply with any Golden Valley health and safety requirements as mandated by the proper departments. . Security: UPC has been fortunate since its inception in never having been the recipient of a "hold-up" or burglmy. The State Board of Pharmacy requires the pharmacy area to have a separate security set-up from the main building area. All walls, doors and work areas are monitored within the specifically designated space of the pharmacy itself. In addition the remainder of the building will be secured and monitored as good business practice dictates. e e e e . S 11.80 SEC. 11.80. CONDITIONAL USES. Subd. 1. Purpose and Intent. It is the purpose and intent of this Section to provide the City with a reasonable degree of discretion to determine the suitability of certain uses with characteristics which may be appropriate within a given zoning district but which might have an unusual impact upon surrounding properties or which might otherwise adversely affect the future development of the City or the general public health, welfare, or safety of the property or residents therein. A conditional use permit shall be required for those occupations, vocations, skills, businesses, or other uses specifically designated in each Zoning Use District as requiring such a permit. Subd. 2. Procedure. A. An application for a conditional use permit may be made by any governmental body, department, board, or commission, or by any person or persons, individual or corporate, having a legal interest in the property described in the application. All applications shall be filed with the Director of Planning and Zoning in triplicate. Source: Ordinance No. 540 Effective Date: 5-7-81 B. A fee as adopted by resolution of the Council shall be required for the filing of each application. Source: Ordinance No. 573 Effective Date: 8-27-82 C. Each property site shall require its own application. Single applications may not be made for noncontiguous or scattered sites. D. Each application shall be considered on its own merits. E. The Director of Planing and Zoning shall refer the application to the Planning Commission. An informal public hear ing shall be held on each application wi thin thirty (30) days after submittal of the application to the Planning Commission. F. The applicant and all property owners within 500 feet of the subject site shall be notified of the informal'public hear ing by the U.S. mail, not less than ten (10) days pr ior to the date of this informal public hearing. Such notice shall include the date, time, and place of the hearing and shall reasonably identify the subject site. GOLDEN VALLEY CC 290 (6-30-88) S 11.80 e G. The Planning Commission shall make findings and recommendations to the Council based upon any or all of the following factors (which need not be weighed equally): the City. 1. Demonstrated need for the proposed use. 2. Consistency with the Comprehensive Plan of 3. Effect upon property values in the neigh- bor ing area. 4. Effect of any anticipated traffic genera- tion upon the current traffic flow and congestion in the area. 5. Effect of any increases in population and density upon surrounding land uses. 6. Increase in noise levels to be caused by the proposed use. 7. Any odors, dust, smoke, gas, or vibration to be caused by the proposed use. 8. Any increase in flies, rats, or other animals or vermin in the area to be caused by the proposed use. 9. Visual appearance of any proposed structure or use. e 10. Any other effect upon the general pUblic health, safety, and welfare of the City and its residents. H. The Planning Commission shall present its findings and recommendations in writing to the Council within thirty (30) days following the date of the informal public hearing. I. Upon receiving the findings and recommendations of the Planning Commission, the Council shall call and conduct an offic~al public hearing to consider the application. J. Notice of the official public hearing shall be published in the official newspaper of the City not less than ten (10) days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing and shall reason- ably identify the subject site. In addition, copies of the written notice in the form thus published shall be mailed to the applicant and to all property owners within 500 feet of the subject site not less than ten (10) days prior to the date of such official public hearing. e K. The Council shall make findings and shall grant or deny a permit based upon any or all of the factors found at Subparagraph G, above. The Council may make its approval of the permit contingent upon such conditions as it determines necessary to prevent or minimize injurious effects upon the neighborhood. The Council may also require that sufficient performance bonding by an acceptable surety be supplied by the property owner to insure satisfactory compliance with the conditions imposed by the condi- tional use permit. GOLDEN VALLEY CC 291 (6-30-88) S 11.80 . L. The Council shall set forth in wr i ting its decision, and the specific reasons for such decisions, within sixty (60) days following the official public hearing. The applicant shall be notified in writing of the Council's decision. If the application is denied in whole or in part or conditions are imposed, the reasons for such denial or for the imposition of conditions, shall accompany this notification. M. No application which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said denial, except on the grounds of new evidence or upon proof of changes of conditions. Each resubmission shall constitute a new filing and a new filing fee in an amount adopted by resolution of the Council shall be required. N. Construction and all other pertinent implementa- tion relating to an approved conditional use permit must begin within twelve (12) months of the date that the conditional use permit is approved or the conditional use permit shall be deemed null and void. Source: Ordinance No. 540 Effective Date: 5-8-81 e O. The Council shall have the suspend any conditional use permit whenever the of such permit have been violated or broken. the Council to revoke or suspend a conditional by means of a two-thirds affirmative vote. Source: Ordinance No. 696 Effective Date: 5-1-87 right to revoke or terms or conditions All such action by use permit shall be (Sections 11.81 through 11.89, inclusive, reserved for future expansion. ) e GOLDEN VALLEY CC 292 (6-30-88) S 11.45 . SEC. DISTRICT. 11.45. BUSINESS AND PROFESSIONAL OFFICES ZONING Subd. 1. Purpose. The purpose of the Business and Professional Offices Zoning District is to provide areas wherein there may be erected, maintained and used, offices for persons engaged in business pursuits not involving the sale of or handling of goods, wares, merchandise or commodities, as for example, accountants, insurance brokers, real tors, fiscal agents and the like: provided, however, that nothing herein shall be interpreted to prohibit in such districts the sale of goods, wares, merchandise or commodities by sample, as for example, by manufacturer's representatives. Subd. 2. District Established. Properties shall be established within the Business and Professional Offices Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus estab1 ished shall be incorporated in this Section 11.45, Subd. 2 by an ordinance which makes cross-reference to this Section 11.45 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Source: Ordinance No. 541 Effective Date: 5-8-81 ~ Subd. 3. Parking Requirements. All land uses and struc- tures permitted under this zoning district shall provide off-street parking at the ratio of one (1) parking space for every 250 square feet of gross floor area. Source: Ordinance No. 609 Effective Date: 11-11-83 A. Off-Street Parking. Each off-street parking stall required under the provisions of this Chapter shall be installed at a size of 9 feet in width and 20 feet in length and shall provide suf- ficient area for driving aisles in between parking stalls. B. Off-Street Loading. Each building in this district shall provide adequate off-street loading and unloading faci- lities for each business or tenant within the development. Source: Ordinance No. 541 Effective Date: 5-8-81 Subd. 4. Building Height. No building in this zoning district shall exceed three (3) stories in height at the front or street grade level, unless a Conditional Use Permit has been granted allowing such building or structure to exceed three (3) stories in height. ~ Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 GOLDEN VALLEY CC 244 (3-16-92) . . e S 11. 45 Subd. 5. Yard Restrictions. A. Front Yard Setbacks. provided for all buildings as follows: Front yards shall be 1. No building or other structure in the Business and Professional Offices District shall be located closer than 35 feet from the property line along any abutting street. The 35 foot front setback as described above shall all be landscaped. 2. In the case of a building over three (3) stories, the front setback shall be increased five (5) feet for each additional story over three (30 stories or each additional ten (10) feet above the height of thirty (30) feet. B. Side and Rear Yard Setbacks. Side yards and rear yards shall be provided for all buildings as follows: 1. In the case of premises abutting a Residen- tial or Open Development Zoning District, side and rear yards of such premises shall be not less than 50 feet in depth or width, of which at least 25 feet adjacent to the lot line or property line shall be planted, landscaped and maintained as a buffer zone. 2. In the case of premises abutting on a Multiple Dwelling Zoning District or an Institutional Zoning District, side and rear yards shall be not less than 30 feet in depth or width, of which at least the 15 feet adjacent to the lot line shall be planted, landscaped and maintained as a buffer zone. 3. In the case of premises abutting on another Business and Professional Offices Zoning District, side and rear yards shall be not less than 20 feet in depth or width for each building, tract, lot or premises of which at least one-half the setback as measured from the lot line shall be landscaped and planted. 4. In the case of premises abutting on a Commercial or Industrial Zoning District, side yards and rear yards shall be not less than 20 feet in depth and width of which at least one-half the setback as measured from the lot line shall be landscaped and planted. 5. In the case of a building over three (3) stories, the side and rear setbacks shall be increased five (5) feet for each additional story over three (3) stories or each additional ten (10) feet above the height of thirty (30) feeto Subd. 6. Area Restrictions. No building or other structure in this zoning district shall occupy more than 40% of the tract of land on which it is located. An additional 20% of the tract of land shall be allowed for the construction of a parking structure. GOLDEN VALLEY CC 245 (6-30-88 ) S 11.45 Subd. 7. Lot Area. No building or other structure located in this zoning district shall be located on a parcel of land 4It that is less than one acre in area or less than 100 feet in width. Source: Ordinance No. 541 Effective Date: 5-8-81 Subd. 8. Conditional Uses. A. Conditions. In addition to those uses specifically classified and permitted within this district, there are certain uses which may be allowed in a Business and Professional Offices District because of their unusual characteristics or the service they provide to the public. These conditional uses require particular con- siderations as to their proper location in relation to adjacent established or intended uses, or to the planned development of the City. The conditions controlling the location and operation of such conditional uses are established under Section 11.80 of this Chapter. Without limiting the generality of the foregoing, such uses may include Child Care Facilities as defined in this Chapter. Source: Ordinance No. 712 Effective Date: 6-23-88 4It B. Authority. The Council shall have the authority, after having received the recommendations of the Planning Commission, to permit the following types of the conditional uses of land or structures, or both, within a Business and Professional Offices District, if the Council finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site. Source: Ordinance No. 541 Effective Date: 5-8-81 height, Item 2, of this 1. subject to the and Subparagraph Chapter. Buildings exceeding three (3) stories in provisions of Subdivision 5, Subparagraph A, B, above, and all other applicable provisions Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 2. Recreational facilities such as ballfields, swimming pools and playgrounds. 3. Daytime activity centers and/or other facili- ties providing school and/or training for retarded or handicapped people. 4. Financial institutions, including drive-in facilities. office building. 5. Limited retail services within a professional Source: Ordinance No. 541 Effective Date: 5-8-81 4It GOLDEN VALLEY CC 246 (3-16-92) S 11.45 e 6. Heliports, as herein defined. 7. Other uses which, in the opinion of the Council, are compatible with the uses specifically described above. Source: Ordinance No. 643 Effective Date: 11-16-84 SEC. 11.46. INSTITUTIONAL ZONING DISTRICT. Subd. 1. Purpose. The purpose of the Institutional Zoning District is to establish areas where both public and private institutional uses such as schools, hospitals, parks, golf courses, nursing homes and public buildings may be located. Subd. 2. District Established. Properties shall be established within the Institutional Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.46, Subd. 2 by an ordinance which makes cross-reference to this Section 11.46 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of e the City as provided in Section 11.11 of this Chapter. Subd. 3. Uses Permitted. A. The following uses shall be permitted in the 1-1 Institutional Zoning Sub-District: 1. Churches. 2. Schools, public and parochial, excepting colleges, seminaries and other institutes of higher education. B. 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GOLDEN VALLEY, MINNESOTA AVAILABLE CB COMMERCIAL KAYE RAKOW MARIA MAUGHN 612-924-4600 ( BI 821 & Associates Architects _ ~ 338-6622 ~l"" M2 ~.. '1Mi: t'lE:CHANICAL -()JC~ RE.\l1510'NS }1, ~ "0" . ...~i.~1: :~?t\. '. )J:'~." ,:l ." .@...;'..;..,...... . .~ "" ," I' . ..... . . .;.. :.;. ;-J'~'. I'.' .~.: .' '1 ..~ .:.::" . ~".,g, '. ..' .'I.:\'~ .-c.J.... . ", ti.a.::;{'," .. ~,;.... ".' .. ~~( ....... ....~ ....,-~.. r ':.',~. . . . I :'1- " >.J i'l " I '.-." ., -I .... 'r. '::f::. J~;.j .' '.,";.~ ... "'," ..:..",.:.... .' "'. ". . :. .~.~:~:. " ;. _",:" '. . "::':';.::.;"~. ," . .~.. .~ . :"" .......... ~ .. " . .. .':i ":. ..\. ," .."t "':I:' ..: ::", ~ . IIiif . .,.,: . :. ~ . ..... '..; .: I,., . _ 0' ';';:~" ;',"., <..~.::.:\ ....;~ ;.... ,,' III ,'" . .. "; UJ:i~ >-. ...J.~ III'" :a:l'~ :t.. .' :.<( "::!~' ~':!'.:' ...Jz Z'.:' "',~-.'I!:' III..' , --= a'" .~..~. ~"'. .<C.I g. :t:' 'Z.:" '. ~lr' ~:" t~, ~. ~ t\.; 1ft.. . ''', ~ "-'. ".,.~. 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III ..'~ ~ .:.... v;: ", ':.'", ,~~ ..~ '..Q: e e e M E M 0 RAN DUM --------- DATE: July 20, 1994 TO: Golden Valley Planning Commission FROM: Mark Grimes SUBJECT: Informal Public Hearing -- Amend the Light Industrial Zoning District to Permit Temporary Retail Sales -- Prudential Realty Group, Applicant Prudential is owner of the building at 5740 Wayzata Blvd. (former Contemporary Design Building). My understanding is that they came into ownership of the building when the former owner defaulted on their financing. Prudential and the former owner of the building have been searching for a user for this building for the past several years. It has been a difficult fit because of the Light Industrial Zoning on the property. There is an interesting zoning history on this site. In 1978, the property was rezoned from Commercial to Light Industrial at the request of the owner. By rezoning the property to Light Industrial, it allowed the owner to expand the building because less parking is required by an industrial/warehouse/office building than a commercial building. With the rezoning of the property in 1978, the building was expanded to allow for a furniture showroom (Contemporary Design). In addition to the rezoning, the BZA granted the owner of the building a variance to permit about 20% fewer parking spaces than would be allowed by the Zoning Code for a building that is to be used for 90% warehouse space and 10% office space. (The Contemporary Design Plan indicates 55-59 spaces when around 70 spaces were required in 1978.) Since Contemporary Design closed, there have been several tenants and many "lookers". Most of the perspective tenants cannot accept the 90% warehouse/lO% office split. They either want more office or the ability to do some retail. City staff has tried to work with owners and perspective tenants to find a use that would "work" and be acceptable to the amount of parking available. The most recent perspective buyer is Treasure Island Inc. They have two childrens furniture and accessory stores in St. Louis Park and Eagan. Their office and warehouse is currently with their St. Louis Park store. They would like to buy the 5740 Wayzata Blvd. building and use it for their corporate office and warehouse. The building is about 25,000 sq.ft. in area; their offices would take less than 2,000 sq.ft. and the remainder would be warehouse space for the items they sell at their stores. Treasure Island would like to have the ability to hold "warehouse" type sales on this site. They believe that the "Temporary Retail Sales" permitted in the Industrial District would be adequate for their needs. This would allow them to sell up to 15 days per year if they meet certain requirements found in the Zoning Code. I am attaching a copy of this section of the Industrial Zoning Code for your review. This "Temporary Retail Sales" section was added to the Industrial Zoning District text in 1991 as a result of a request by firms to do sales in the Industrial District. e e e Amendment to Light Industrial Zoning District July 20, 1994 Page Two In order to use the property for their office, warehouse, and temporary retail sales, Treasure Island went back to the BZA at their July 12, 1994 meeting to alter their variance. which allows 90% of the building to be used for warehouse space and 10% for office space. The Planning staff also felt it was important that the BZA be aware that Treasure Island was proposing temporary retail sales at the site if approved by the City Council. The BZA reviewed a new site plan which indicates 52 parking spaces. This is four spaces short of the 56 required for the site with the 90% warehouse/l0% office split. (The parking requirement for both office and warehouse space has been reduced since 1978 so the building now has only four spaces less than required.) The BZA granted a new waiver at the July 12, 1994 meeting for a parking lot of 52 spaces or four short of the required parking demand based on a 90% warehouse/l0% office split. Treasure Island believes that the existing site with 52 parking spaces is more than adequate for their use as an office/warehouse building because of the size and nature of their business. At its peak time, it will employ no more than 8-10 persons during the week at the 5740 Wayzata Blvd. site. During the times that they are holding retail sales, there will be five or fewer employees on- site because they will be held on weekends. It is believed that a 52 space parking lot will be adequate for employees and customers. The proposed amendment to the Light Industrial District gives the City the right to control the temporary retail sales. Of particular concern is the parking for the site. The parking and access plan would have to be approved by City staff including the Public Safety Department and Building Inspector. If it does not appear adequate, the permit will not be issued. If the retail sale does not meet the expectations of the plan submitted for the retail sale, future permits would be altered or not granted. The Planning Commission must realize that this amendment to the Zoning Code would apply to all of the Light Industrial Zoning District. The City has not been overwhelmed by requests for temporary retail sales. I can only think of a couple that have been requested. It should be noted that there is a signifi- cantly greater area in Golden Valley zoned Industrial than Light Industrial. Staff believes that the Temporary Retail Sales regulations are adequate and can do a good job to control temporary retail sales. MWG:mkd Attachments: Location Map for 5740 Wayzata Blvd. Letter from Michael Conway, Prudential, dated July 14, 1994 Amended Light Industrial Zoning District Section of the City Code Minutes of the BZA dated July 12, 1994 Site Plan for 5740 Wayzata Blvd. !5 'of" ~. " i: ) ~ e .. ,')'0/+,...\..,;; _~ "';~'" ,(".'ll~. . '.~.!:~'r~ w ItJ5 ~ l <'" ,'") -0. .... '"0 / t c c SrATG" - fit fit - . ZSI "n~~ l::! ,\00 ... ;;0 ... ..., .... . . Z707. 72 Res. ..... \: 150 5800 150$760: 100 2 ,.,V', ~lJ r ~l~~' ~":,,,: .,' ~, . . "0 ... " \ :r'r'lr;--~ (3400, Me earth jw ......-.-.... (~~:. -- 8 :;0 (j) ~ UJ 10 \ i "':-\ 2~ ~ J: t8 - ~ m..:;o z ~ I ~ z ~\ rr1 \ ~ ....-.. ;., , I':' i I I :llHI I I ...? I. ~___ "-:--7-7 - " 550.0 I I I , I ' I I i 5497 415.65 ;:; .. , 7J.1J N. '7"J"J'" ;;; !'o ... ... flU l> Z I ::,~ CD ,'. Ie . -. -. I'" .... l> I~ -I ~Ollf .,_ Jlt" - (/t~" ~~ O...~. ~.~ ..... ~ - -\ '^ ~I'" .. ... 4 ThePrudentlal ~ -.-.. Michael D. Conway Director e Equity Investments One Prudential Plaza. Suite 1200 Chicago. IL 60601 312861-4396 Fax: 312 861-4354 RECEIVED JUt 1 5 199+ Why to Change to Ordinance VIA FAX VIA FEDERAL EXPRESS OVERNIGHT Mr. Mark Grimes City of Golden Valley Director of Planning and Development 7800 Golden Valley Road Golden Valley, Minnesota 55427 July 14, 1994 RE: 5740 Wayzata Boulevard Property Dear Mr. Grimes: e This letter is to request that the City consider an amendment to the Light Industrial District so that it would allow "temporary retail sales" as is permitted in the Industrial District. The Prudential desires to sell the above-referenced property to 'rreasure Island, Inc. The property would then be used as their home office and include office space and warehousing. Treasure Island sells baby and young-adult furniture and accessories. The proposed use includes limited warehouse sales. The amendment would allow Treasure Island to have a "warehouse" type sale for up to 15 days each year. The property was rezoned to Light Industrial from Commercial by the previous building owner in 1978 and used as a furniture showroom. The Prudential Realty Group became the owner through foreclosure in late 1993. In July the Board of Zoning Appeals approved the proposed Treasure Island use. The use is compatible with the business neighbors and there are no nearby residential homes. We feel that limited warehouse sales is appropriate in the Light Industrial District, as already allowed in Industrial District. We therefore ask for your consideration and approval of the amendment to the Light Industrial District. Thank you in advance for your assistance in this matter. Sincerely, H.ichael Conway Director e A Division of The Prudential Insurance Company of America 9 11.35 SEC. 11.35. LIGHT INDUSTRIAL ZONING DISTRICT. e Subd. 1. Purpose. The purpose of the Light Industrial Zoning District is to provide for the establishment of warehousing, offices and light industrial developments. Subd. 2. District Established. Properties shall be established within the Light Industrial Zoning District in the manner provided for in Section 11.90, Subd. 3 of this Chapter, and when thus established shall be incorporated in this Section 11.35, Subd. 2 by an ordinance which makes cross- reference to this Section 11.35 and which shall become a part hereof and of Section 11.10, Subd. 2 thereof, as fully as if set forth herein. In addition the Multiple Dwelling Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subd. 3. Permitted Uses. The following uses and no others shall be considered permitted uses within the Light Industrial Zoning District: A. Offices. B. Warehouses. C. Wholesale-Retail distribution centers. D. Electronics manufacturing. E. Food packaging and processing; provided, however, that no processing shall involve any cooking, heating, smoking, soaking or marinating procedures. e Source: Ordinance No. 546 Effective Date: 9-18-81 F. Assembly and/or fabricating exclusive of sheet metal or steel fabricating, foundries and similar uses except for the fabricating of sheet metal as it is used for the heating, ventilation and air conditioning business (which types of sheet metal fabricating shall be permitted uses). Source: Ordinance No. 674 Effective Date: 12-27-85 G. Recycling centers, including the recycling of metals and other materials. H. Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts. Source: Ordinance No. 546 Effective Date: 9-18-81 e I. Essential Services - Class I and Class III with the exception that towers and related buildings may be constructed no closer to the Residential, R-2 Residential, Multiple Dwelling or Institutional Zoning District than the height of the tower. Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 GOLDEN VALLEY CC 232 ( -94) 9 11.35 e ~ Temporary Retail Sales in accordance with Subdivision 12 of this section. Subd. 4. Conditional Uses. The following uses may be allowed as Conditional Uses after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Building materials yard (including inside and ouside storage. B. Public garages for repairing and storing motor vehicles. C. Laundries and drycleaning plants. D. Animal hospital where domestic animals are received for treatment, care and cure by a duly licensed veterinary physician and surgeon in the customary and ordinary pursuit of his profession. E. Ball fields and other recreation facilities. F. Research and development laboratories and pilot plant opera- tions incidental thereto. G. Greenhouses with no outside storage, including an outside growing area no larger than the greenhouse building area. Retail sales may be permitted only where located inside and incidental to a wholesale business. H. Packaging and/or bottling of soft drinks or dairy products. I. Bakeries (commercial-wholesale). J. Day care facilities provided that said facilities serve only dependents of persons employed on the same premises as are otherwise permitted by this Chapter. e Source: Ordinance No. 546 Effective Date: 9-18-81 K. Health, fitness and/or exercise facilities, including dance studio, gymnastic training, weight lifting studio, aerobic exercise and gym- nasiums. Source: Ordinance No. 573 Effective Date: 8-27-82 L. Heliports, as herein defined. Source: Ordinance No. 643 Effective Date: 11-16-84 M. Food packaging and processing that involves cooking, heating, smoking, soaking or marinating procedures. Source: Ordinance No. 664 Effective Date: 7-12-85 N. Child Care Facilities, as defined in this Chapter. Source: Ordinance No. 712 Effective Date: 6-23-88 e GOLDEN VALLEY CC 233 94) O. Truck/Van Terminals . Source: Ordinance No. 50, 2nd Series Effective Date: 11-21-90 P. Medical clinics. Source: Ordinance No. 82, 2nd Series Effective Date: 2-27-92 Subd. 5. Prohibited Uses. No building, structure, or land shall be used, and no building or structure shall be erected, altered or enlarged which is intended or designed, for any of the following uses: A. Residential dwellings. B. Hotels, motels, rooming houses, or tourist homes. C. Institutional uses. D. Retail commercial uses, such as shopping centers. . Subd. 6. Loading and Parking Requirements. Off-street loading facilities shall be provided for each place of business within the Light Industrial Zoning District at the rate of one (1) loading berth for each busi- ness, or one (1) loading berth for each 20,000 square feet of gross floor area, whichever is greater. Loading facilities shall not be counted as parking spa- ces. Off-street parking shall be provided as follows: A. Offices - One (1) parking space for each 250 square feet of gross floor area, or fraction thereof. B. Warehouse and Storage; Light Manufacturing, Packaging and Processing Facilities - One (1) parking space for each 500 square feet of gross floor area, or fraction thereof. Source: Ordinance No. 546 Effective Date: 9-18-81 C. Truck/Van Terminals - One (1) parking space shall be provided for each 250 square feet of office/employee area and one (1) parking space shall be provided for each 500 square feet of storage or warehouse area exclusive of spaces for fleet vehicles. For terminals where the fleet vehicles are stored on-site when not in use, there shall also be one (1) parking space provided for each driver's personal vehicle. Source: Ordinance No. 50, 2nd Series Effective Date: 11-22-90 D. Medical Clinics - One (1) parking space for each three (3) employees, plus one (1) space for each doctor and one (1) parking space for each 250 sq. ft. of gross floor area. Source: Ordinance No. 82, 2nd Series Effective Date: 2-27-92 Subd. 7. Yard Requirements. Front yard, side yard and rear yard setbacks shall be required in the Light Industrial Zoning District as follows: . GOLDEN VALLEY CC 234 94) e . e ~ 11.35 A. In the case of premises abutting a public street front yard setbacks shall be at least 35 feet from the right-of-way line of said street. All front yard setbacks shall be maintained as landscaped green areas. In the case of corner lots all portions of said lot abutting a pUblic street shall be deemed to be a front yard. B. In the case of premises facing a Residential Zoning District or an R-2 Zoning District across a public street, the yard abutting that street shall not be less than 75 feet from the right-of-way line of the street to the structure. C. Other side and rear yard setbacks shall be as follows: 1. In the case of premises adjoining a Residential Zoning District or an R-2 District required side and rear yard setbacks shall be not less than 100 feet in depth. 2. In the case of premises adjoining a Multiple-Dwelling, Business and Professional Office, or Institutional Zoning Districts, required side and rear yard setbacks shall not be less than 50 feet in depth. Source: Ordinance No. 546 Effective Date: 9-18-81 3. In the case of premises adjoining a Commercial, Light Industrial, Industrial, Radio or Railroad Zoning District, required side and rear yard setbacks shall be not less than 20 feet in depth. Source: Ordinance No. 609 Effective Date: 11-11-83 4. One-half (1/2) of the required side and rear yards, as measured from the lot line, shall be landscaped, planted, and maintained as a buffer zone. Subd. 8. Use Qualifications. A. Landscaping. All open areas of any site, lot, tract or par- cel shall be so graded so as to provide proper drainage, and except for areas used for parking, drives, or storage, shall be landscaped with trees, shrubs, or planted ground cover. Such landscaping shall conform with a landscape plan approved by the Building Board of Review. B. Storage. All raw materials, supplies, finished or semi- finished products and equipment shall be stored within a completely enclosed building, or within the confines of a 100 percent opaque wall or fence not less than 6 feet in height. C. Screening. All principal, accessory, and conditional uses, except business signs, which are situated within 50 feet of a Residential Zoning District or an R-2 Zoning District shall be screened and buffered from such Zoning District by a separation of open space which shall have a minimum depth of 30 feet, and shall include a required fence or vegetative screening of not less than 90 percent opacity, and not less than 6 feet in height above the level of the said Residential or R-2 Zoning District. Source: Ordinance No. 546 Effective Date: 9-18-81 GOLDEN VALLEY CC ( 94) 235 . . . 9 11.35 Subd. 9. Building Height. No building or structure, other than water tanks, water towers, essential service communication structures not exceeding 120 feet in height, and lighting fixtures, shall be erected to exceed a height of forty-five (45) feet in the Light Industrial Zoning District. All necessary mechanical equipment and elevator penthouses will not be included in computation of building height. Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 Subd. 10. group thereof, shall land area of any lot Lot Coverage. No building or structure, or occupy more than fifty (50) percent of the total or parcel in a Light Industrial Zoning District. Source: Ordinance No. 609 Effective Date: 11-11-83 Subd. 11. Accessory Uses. The following are permitted accessory uses in the Light Industrial Zoning District: . A. Essential Services - Class II Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 NOTE: THE FOLLOWING ENTIRE SECTION 12 IS BEING ADDED GOLDEN VALLEY CC 236 94) . e e ~ 11.35 Subd. ~ 12. Temporary Retail Sales. A. Temporary retail sales shall include only the retail sales contemplated by the permitted uses in the Commercial Zoning District. Retail sales contemplated by the conditional uses in the Commercial Zoning District are excluded. B. Any person seeking to operate a temporary retail sale in an industrial district shall apply for a permit therefor from the 9ireetar af ZeRiRg aRa GeffifflHRity Ser1iees Chief of Fire and Inspections Services. A completed application must be submitted at least two weeks prior to the commencement of the temporary retail sale. The 9ireetar ef ZeRiRg aRa GeffiffiHRity Seriiees Chief of Fire and Inspections Services will issue a permit only after it is determined that the application meets all requirements of this sub- division. The permit application shall include the following: 1. The person(s) operating the retail sale and his or its address and telephone number. If a corporation, the state of incorporation shall be provided along with a list of the names and addresses of the officers and principal shareholders thereof. 2. The names and addresses of the owner(s) of the lot or site on which the sale is to take place (sales premises) and proof that the owner(s) has authorized the temporary retail sale. 3. The exact dates and hours of operation of the proposed sale. 4. The name of the person who will manage the temporary sale on the site and the names of employees who will work at it. 5. A parking plan which indicates adequate available parking on the sale premises during its proposed hours of operation. The plan must also indicate adequate parking for any other businesses located on the same sale pre- mises. If adequate parking is not indicated on the parking plan in the opinion of the 9ireeter ef ZeRiRg aRa GeffiffiHRity Ser1iees Chief of Fire and Inspections Services, a permit will not be issued for the temporary retail sale. 6. A vehicle circulation and street access plan which shall be submitted for review by the Director of Public Safety. It shall include acceptable methods of access to the sale premises and acceptable traffic control measures to ensure safety of those entering and exiting the sale premises. The operator of the sale must provide at his or her cost all traffic control measures recommended by the Director of Public Safety which may include the hiring of qualified persons to control traffic. If an acceptable vehicle cir- culation and street access plan is not provided in the opinion of the Director of Public Safety, a permit will not be issued for the temporary retail sale. 7. A nonrefundable permit fee, established by City Council Resolution. 8. A written authorization for the sale from the property owner(s), together with the property owner's certification that he has given notification of the sale to all other tenants of the bUilding or site in which the sale is to take place. GOLDEN VALLEY CC 237 ( 94) e e e ~ 11.35 9. Proof that all applicable licenses and approvals from the City, Hennepin County or other governmental units have been obtained. C. No site may be used for a temporary retail sale for more than five (5) consecutive days and a total of fifteen (15) days in anyone calendar year. D. The plans for the temporary retail sale shall be approved by the Fire Marshall in order to insure that all fire and safety codes are met. If they are not so approved, a permit for such sale will not be issued. E. The temporary retail sale shall not interrupt vehicular cir- culation on the site or obstruct parking spaces needed by permanent businesses established on the site. building. F. The temporary retail sale shall take place only inside a G. Signs in excess of the signage permitted under other sections of this code shall be permitted for the temporary retail sale. Such signs shall be located only on the sale premises, shall be 32 square feet or less, shall be approved by the Qireetar af ZaAiAg aA~ ~affiffi~Aity Serviees Chief of Fire and Inspections Services, and shall be erected and secured in a place-and manner approved by the Qireetar af ZaAiAg aA~ ~affiffi~Aity Serviees Chief of Fire and Inspections Services. The square foot limitation applies to all-Signs asso- ciated with the temporary retail sale including those attached to vehicles. The signs for the temporary retail sale shall be erected no more than 48 hours prior to the commencement of the sale and shall be removed within 24 hours after the temporary retail sale ends. H. Sale hours shall be between 9:00 a.m. and 9:00 p.m. I. The permit for a temporary retail sale shall be immediately revoked by the Qireetar af ZeAiAg aA~ ~affiffi~Aity Ser~iees Chief of Fire and Inspections Services or his designee if any of the following occur:--- --- 1. Failure to meet any conditions of the permit. 2. Failure to provide adequate off-street parking for the sale, which off-street parking does not impede the operation of other businesses on the premises. the City Code. 3. Failure to provide safe ingress and egress to the site. 4. Failure to provide fire and safety provisions required by 5. Failure to obtain all applicable licenses and approvals from governmental units. 6. Failure to comply with any provisions of this subdivision. Source: Ordinance No. 79, 2nd Series Effective Date: 10-10-91 GOLDEN VALLEY CC ( 94) 238 . e e Minutes of the Board of Zoning Appeals July 12, 1994 5740 Wayzata Blvd. (94-7-28) Treasure Island Inc. Prudential Realty Group (Owner) Request: Waiver of Section 11.35, Subd. 6 (A and B)'to allow the building to have a total of 52 parking spaces rather than the required 56. Purpose: To allow the building to be used as an office/warehouse along with temporary retail sales. The petition was in order and consent obtained from adjacent property owners. The owners of Treasure Island and their architect were present to answer any questions. No other persons interested in this matter were present. Staff Liaison Mark Grimes gave a staff report. He indicated that a variance was granted in 1978 to this site to allow the building to be used as 90% warehouse/ /10% Office. A total of 56 parking spaces were permitted for this building which was about 80% of the required parking for this 25,000 sq. ft. building. Treasure Island, a children's furniture store, is requesting to use the building for a warehouse and office. Treasure Island would also like to hold warehouse sales 15 days per year if the City Council approves an amendment to the Zoning Code. The owners of Treasure Island believe that the parking shown on the site plan greatly exceeds their needs for warehouse and office. They do not expect to fill the parking during warehouse sales. The BZA reviewed the site plan and requested that the parking be reduced four (4) spaces to eliminate the stacked parking spaces. It was the consensus that 52 spaces would be adequate with the 90% warehouse/l0% office space split. MOVED by Polachek, seconded by Johnson and motion carried unanimously to approve waivers of Section 11.35, Subd. 6(A and B) to allow the building at 5740 Wayzata Blvd. to operate with 90% warehouse space and 10% office space with a total of 52 spaces (code requires 56 spaces).