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03-12-84 PC Agenda f � ; � �I GOLDEN VALLEY PLANNING COMMISSION � (Civic Center, 7800 Golden Valley Road) March 12, 1984 7:00 P.M. i AGENDA ' I_ APPROVAL OF MINUTES _ FEBRUARY 27, 1984 ' II. SET DATE FOR INFORMAL PUBLIC HEARING - REZONING ; APPLICANT: John J . Day � LOCATION: 1300-1304 Gettysburg Avenue North i i REQUEST: Rezoning from Residential (Singl� Family) j to Two Family Residential (R-2) Zoning � District to allow construction of a duplex � � � � III. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT i — APPLICANT: Undestad Investment Company ! LOCATION: 5530 and 5612 Wayzata Boulevard i ' REQUEST: Aproval of a Conditional Use Permit to allow ' construction of a six-story office building in a Commercial Zoning District IV. REPORT ON CITY COUNCIL MEETING - MARCH 8, 1984 � ; � � � � i � I � MINUTES OF THE GOLDEN VALLEY PLAN�ING COMMISSION � February 27, 1984 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Vice Chairman Forster called the meeting to order at 7:00 p.m. Those present were Commissioners Forster, Prazak, Singer and Tubman. Cotronissioners Leppik and Polachek were absent. Also present were Mike Miller, Planning and Redevelopment Coordinator,and Alda Peikert, Assistant Planner. I . APPROVAL OF MINUTES - FEBRUARY 13, 1984 It was moved by Commissioner Prazak, seconded by Commissioner Tubman and carried unanimously to approve the minutes of the February 13, 1984 Planning Commission meeting as recorded. II . SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Undestad Investment Company LOCATION: 5530 and 5612 Wayzata Boulevard � REQUEST: Approval of a six-story office building and a four level parking ramp in a Commercial Zoning District Vice Chairman Forster introduced this agenda item and noted the staff recom- mendation of a March 12, 1984 informal public hearing date. It was moved by Conm�issioner Singer, seconded by Commissioner Prazak and carried unanimously to set an informal public hearing date of March 12, 1984 for consideration of a Conditional Use Permit requested by Undestad Investment Company to allow construction of a six-story office building at 5530 and 5612 Wayzata Boulevard in a Cort�nercial Zoning District. Commissioner Tubman asked whether the sub3ect site is within the area recom- mended at the February 13, 1984 Planning Commission meeting for a development moratorium. Vice Chairman Forster confirmed that the site is within the recommended moratorium area and asked how the application should be handled considering the recommended moratorium. Planning and Redevelopment Coordinator Mike Miller stated that the application was received February 13, 1984, the date of the last Planning Commission meeting. The application is in process . prior to adoption of a development moratorium and must, therefore, be allowed to complete the Conditional Use Permit procedure. Mr. Miller informed Planning Commissioners that the City Council on February 21, 1984 directed the City Attorney to draw up a Moratorium Ordinance and set a public hearing date of March 22, 1984. � Planning Co�nission Meeting - February 27, 1984 -2- � Co�nissioner Prazak asked whether the Conditional Use Permit request should be reviewed as if there were no moratorium pending. Mr. Miller stated that the ' Planning Commission and City Council should be aware of the pending moratorium and that the possible moratorium could enter into consideration of the Condi ti onal U se Permi t request. Commissioner Tubman asked whether the applicant has been notified of the possible moratorium. Mr. Miller replied that the applicant was informed of consideration of a moratorium prior to the February 13, 1984 Planning Commission meeting at which it was discussed. III. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT AMENDMENT APPLICANT: Jim Lupient Oldsmobile Company LOCATION: 7000 Wayzata Boulevard REQUEST: Approval of an amendment to Conditional Use Permit No. 82-2 for operation of a car rental business in an Industrial Zoning District Vice Chairman Forster introduced this agenda item and requested a staff expla- nation of this Conditional Use Permit amendment request as one of four related informal public hearing items all initiated by the same applicant. � Planning and Redevelopment Coordinator Mike Miller used graphics prepared by the proponent to review the three Conditional Use Permit amendment requests associated with two sites on the west and east sides of Louisiana Avenue at Highway 12. The graphics consist of site plans illustrating three phases of development for the Louisiana Avenue sites: Site Plan I depicting current conditions, Site Plan II illustrating conditional uses proposed for an interim period until I-394 construction, and Site Plan III showing changes planned following I-394 construction. As background explanation of current con- � ditions, Mr. Miller reviewed complaints concerning failure to comply with con- ditions of the existing Conditional Use Permits. As explanation of the interim period, Mr. Miller reviewed the second site plan which illustrates proposed conditional uses for the 6980 and 7000 Wayzata Boulevard sites and also indi- cates plans for construction of a body shop on Lupient property to the north. Mr. Miller stated that the proposed body shop is a conditional use and would require appearance before the Planning Commission as a Conditional Use Permit application. As explanation of the changes proposed following I-394 construc- tion, Mr. Miller reviewed the third site plan which indicates removal of the two structures on the Conditional Use Permit sites, thus i1lustrating the tem- porary nature of the requested conditional uses. The ultimate plan includes construction of an office warehouse on additional Lupient property to the north, and Mr. Miller noted that this would be a permitted use not requiring Planning Co�nission and Council action. Mr. Miller added that there is the possibility of inclusion of a gas station on the northerly portion of the 6980 Wayzata site following I-394 construction. � Planning Commission Meeting - February 27, 1984 -3- t Following explanation of the three site plans illustrating current; interim and future uses of the Lupient properties in the Louisiana area, Mr. Miller explained specific amendments proposed to Conditional Use Permit No. 82-2 for the car leasing operation at 7000 Wayzata Boulevard and reviewed the conditions of approval recommended by staff. Mr. Miller stated that all recommended con- ditions were reviewed with the proponent except the condition concerning remo- val or proper filling of unused gasoline tanks at this time as specified by City and State Fire Codes. Vice Chairman Forster recognized Mr. Steve Swartz, Attorney for Jim Lupient, who spoke for the proponent. Mr. Swartz stated that the history of the matter as reviewed by the City Planner was essentially accurate and that he wished to add only a few things. Mr. Swartz stated that there were two uncertainties at the time of the original Conditional Use Permit approval which have resulted in changes: 1) Plans for a building addition to accommodate a diesel repair facility were abandoned, and 2) plan adjustments are required in anticipation of I-394 construction. It was the suggestion of the City Planner that Jim Lupient prepare new plans for the Louisiana sites to reflect these changes. In response to that suggestion, Jim Lupient retained Albitz Design to prepare new plans. Mr. Swartz introduced Mr. Kyle Johnson, Albitz Design, who was present and available to answer design questions. Mr. Swartz continued with the point that the three Conditional Use Permits requested for amendment will be only three to five years in duration and that the conditional uses defini- tely constitute an interim plan. Mr. Swartz concluded with the request that the recorranended condition of approval pertaining to removal or filling of unused gasoline tanks be stated in terms of compliance with City and State . Fire Codes rather than in terms of specific procedure. This would give the proponent the opportunity to review Code requirements and alternate means of compliance. In response to an inquiry from Vice Chairman Forster, Mr. Miller indicated that he has no objection to modification of the condition as requested. Mr. Swartz stated that he also wished to comment on the first recommended con- dition of approval stipulating landscaping of 35 foot setbacks from streets unless variances are granted by the Board of Zoning Appeals (BZA). Mr. Swartz informed Planning Commissioners that the proponent intends to make application to the BZA for the required variances. Mr. Swartz introduced Mr. Jim Lupient and Mr. Tom Morris, Jim Lupient Oldsmobile Company, who were present and available to answer questions. Commissioner Forster asked Mr. Lupient about final stage plans for use of the sites following I-394 construction. Mr. Lupient and Mr. Kyle Johnson, Albitz Design, stated that the plans are based on information received from the Minnesota Department of Transportation (MnDOT). Mr. Johnson added the infor- mation that all areas shown in grey on the site plans represent new blacktop for areas currently finished with gravel and that the new blacktop will pro- vide a cleaner look for the whole property. � Planning Commission Meeting - February 27, 1984 -4- • Commissioner Prazak commented that he is pleased to see the access to the property �ved back from the Highway 12 service road. dice Chairman Forster opened the informal public hearing for public input. There was no one present who wished to speak on this item, and Vice Chairman Forster closed the informal public hearing. It was moved by Commissioner Prazak, seconded by Commissioner Singer and carried unanimously to recommend that the City Council approve the amendments requested by Jim Lupient Oldsrtrobile Company to Conditional Use Permit No. 82-2 for operation of a car rental business at 7000 Wayzata Boulevard in an Industrial Zoning District subject to the following conditions: 1. That the proponent provide landscaping on all sides of the site facing a public street or highway to a depth of 35 feet from the right-of-way line (Front Yard Setback) unless a variance is granted by the Zoning Board of Appeals (BZA) altering all or part of the required setback. 2. All existing underground gasoline storage tanks (except the one serving the remaining gas pump) must be rerr�ved or modified in accordance with City and State Fire Codes. In addition, all work done relative to the storage tanks must be inspected by the City Fire Marshal before and after completion. 3. That the restriction on the number of automobiles parked on the • south and east of the structure be changed from 11 to 15 auto- mobiles, with all remaining automobiles (rentals) to be parked to the north of the structure as shown on the site plan. 4. Since an addition to the structure is no longer contemplated, all references to "exterior building materials" should be deleted from the permit. 5. All changes in the means of ingress and egress to the site shall be in accordance with the approved, modified, site plan made a part of this amended Conditional Use Permit. IV. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT AMENDMENT APPLICANT: Lupient Leasing, Inc. LOCATION: 6980 Wayzata Boulevard REQUEST: Approval of an amendment to Conditional Use Permit No. 82-3 for operation of a gasoline service station in an Industrial Zoning District Vice Chairman Forster introduced this agenda item and opened the meeting to Co�nissioner questions of staff. � Planning Commission Meeting - February 27, 1984 _ -5- • Commissioner Prazak asked the reason for a condition stipulating location of the propane tank considering the fact that the proponent is not required to move the tank. Planning and Redevelopment Coordinator Mike Miller explained that the propane tank was installed clandestinely and that the Conditional Use Permit should have been amended to allow the installation. The recormnended condition recognizes the existing propane tank as a legitimate use under the amended Conditional Use Permit. Mr. Miller added that he recommends addition of a fifth condition of approval identical to the first condition on the previous Conditional Use Permit amend- ment specifying landscaping of 35 foot setbacks from the streets unless variances are granted by the BZA. Commissioner Prazak commented that the change in access included in proposed amendments to this Conditional Use Permit also seems to be an improvement. Commissioner Singer noted that nothing has been done on landscaping in the two years since issuance of the original Conditional Use Permit and asked whether a time limit could be placed on installation of landscaping. Mr. Miller stated that when building construction requiring Building Board of Review (BBR) approval occurs, the BBR requires a bond to insure completion of landscaping and that a bond could be required in this case as a condition of approval . However, in the case of a Conditional Use Permit all improvements shown on the site plan become a part of the Conditional Use Permit, and if improvements are not completed within six months to one year, the City has the option of • revoking the Gonditional Use Permit. Mr. Miller added that he was instructed by the Acting City Manager to inform the proponent that whatever is stipulated in the Conditional Use Permit must materialize and that it will be necessary in the case of the amended Conditional Use Permits to take harsher action than has been taken to date in dealing with noncompliance. � Vice Chairman Forster called on the proponent represented by Mr. Steve Swartz, Attorney for Jim Lupient. Mr. Swartz stated that he has only one comment to add and that it concerned the propane tank. Mr. Swartz stated that the pro- pane tank was installed prior to the time Lupient Leasing took control of the property. According to Mr. Swartz, the proponent considered moving the tank, but after consultation with the City Fire Marshal , it was decided that the current location is best. Vice Chairman Forster asked the proponent the time frame for proposed improve- ments to the property. Mr. Swartz stated that work will begin this spring. Vice Chairman Forster opened the informal public hearing for public input. There as no one present who wished to speak on this item, and Yice Chairman Forster closed the informal public hearing. Cormnissioner Prazak commented that in view of the limited life span of the proposed conditional use, he is pleased to see the proposed improvements. Commissioner Singer agreed that it would be a shame to make further additions for the few years prior to I-394 construction. � Planning Commission Meeting - February 27, 1984 -6- � It was moved by Co�nissioner Singer, seconded by Corranissioner Tubman and carried unanimously to recommend City Council approval of the amendments requested by Lupient Leasing, Inc. to Conditional Use Permit No. 82-3 for operation of a gasoline service station at 6980 Wayzata Boulevard in an Industrial Zoning District subject to the following conditions: 1 . Yehicle parking on site shall be restricted to those areas designated for parking on the amended approved site plan only. 2. The westernmost entrance on the south side of the property shall be closed and filled with proper landscaping materials so that it could in no way be reopened unless otherwise approved as a further amendment to this permit. 3. The propane storage tank shall be allowed to remain where it is presently located on the site plan along the south boundary of the property in a location that is preferred by the City Fire Marshal . 4. Violation of any condition placed on this permit or any other subsequent violations of the Zoning Ordinance relative to this property shall be grounds for the City Council to consider revocation of this Conditional Use Permit. 5. That the proponent provide landscaping on all sides of the site facing a public street or highway to a depth of 35 feet � from the right-of-way line (Front Yard Setback) unless a variance is granted by the Board of Zoning Appeals (BZA) altering all or part of the required setback. V. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT AMENDMENT APPLICANT: Lupient Leasing, Inc. LOCATION: 6980 Wayzata Boulevard REQUEST: Approval of an amendment to Conditional Use Permit No. 82-4 for operation of a "U-Haul" truck and trailer rental business in an Industrial Zoning District Vice Chairman Forster introduced this agenda item and opened the meeting to Commissioner questions of staff. Commissioner Prazak asked why the two Conditional Use Permits for the 6980 Wayaata Boulevard location are not handled as a single Conditional Use Permit. Commissioner Prazak speculated that it might be due to the possibility of a split decision on the two uses. Planning and Redevelopment Coordinator Mike Miller stated that it is preferable to issue separate Conditional Use Permits � Planning Commission Meeting - February 27, 1984 -7- � so that if the gasoline station should decide to discontinue the "U-Haul" business, separate conditions for the gasoline station would remain appli- cable. Mr. Miller added that the change in location of the rental equipment storage area recommended by staff is incorporated into the revised site plan prepared by the proponent. Vice Chairman Forster recognized Mr. Steve Swartz, Attorney for Jim Lupient, who was present to represent the proponent. Mr. Swartz stated that the Conditional Use Permit amendment request is for the most part self explanatory. Mr. Swartz informed the Planning Commission that at the time of the original Conditional Use Permit approval , operators of the "U-Haul " rental business intended to store equipment at another site and transfer rental equipment back and forth as needed, but that this procedure proved to be impractical . Therefore, Lupient Leasing now wishes to proceed with provision of a screened storage area. Commissioner Tubman commented that she can see the need for two parking stalls for display purposes but agrees that all other rental equipment should be screened. It was moved by Commissioner Tubman, seconded by Commissioner Prazak and carried unanimously to recommend that the City Council approve amendments requested by Lupient Leasing, Inc. to Conditional Use Permit No. 82-4 for operation of a "U-Haul " truck and trailer rental business at 6980 Wayzata Boulevard in an Industrial Zoning District subject to the following conditions: • 1. The operators of said business understand and agree not to park any rental trucks and/or trailers within any parking area designated for required off-street parking to be provided for the service station use only as quoted by the City Zoning Ordinance and in accordance with the approved site plan. 2. Two parking stalls as shown on the approved site plan in the southeast corner of the site may be reserved for U-Haul trucks and/or trailers as a minimal display type situation. However, all other rental trucks, trailers and any other equipment must be placed at a location on the site and properly screened from view from all sides. Note according to the site plan such a screened storage area is proposed in the northeast corner of the site. Staff would recommend that this U-Haul storage area be moved down to the approximate east center of the property north of the service station and in an area designated to be paved asphalt for the parking of vehicles. This would move it further away from the commercial restaurants up on the inter- section of Market Street and Louisiana and would make it closer with better access to the actual rental operation, inasmuch as the remainder of that blacktop parking area is designated to carry vehicles belonging to Jim Lupient Oldsmobile Company. � Planning Commission Meeting - February 27, 1984 -8- � 3. Violation of any of the above conditions or any other appli- cable requirements of the City Zoning Code shall be grounds for revocation of the Conditional Use Permit. VI. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Jim Lupient Oldsmobile Company LOCATION: 704 Pennsylvania Avenue South REQUEST: Approval of an auto refinishing and recondi- tioning facility within an Industrial Zoning District Vice Chairman Forster introduced this agenda item and asked for a report from staff. Planning and Redevelopment Coordinator Mike Miller pointed out that this request is not an amendment of a previously granted Conditional Use Permit as were the first three informal public hearing items, but is a request for a new Conditional Use Permit. Mr. Miller stated that he had discussions with a representative of the building owner, Possis Corporation, concerning screening from residential development north, of Laurel Avenue by means of replacement of existing Russian Olive trees with evergreens and that addi- tional smaller evergreens will be installed along Pennsylvania Avenue. Mr. Miller said there is a possibility the City will acquire additional right of way for widening of Laurel Avenue but that if any screening is removed, repla- cement would be required. Mr. Miller stated that the proponent has agreed to � parking only on the asphalt and not on the grass. Mr. Miller reported that the subject site was used for machinery repair in the past so that the propo- sal does not represent a change in use. Mr. Miller concluded that if the pro- ponent keeps the place clean and does not store an unusually large number of cars on the site, the proposed use will be acceptable. Commissioner Prazak asked the distance of the building from the south property line. Mr. Miller replied that the building is one to two feet from the pro- perty line at the closest point and angles up to approximately eight feet from the property line. Vice Chairman Forster recognized Mr. Steve Swartz, Attorney for Jim Lupient, who spoke on behalf of the proponent. Mr. Swartz pointed out that unlike the locations of the previous Conditional Use Permit amendment requests, the sub- ject property is not owned by the Lupient Companies, but is leased from Possis Corporation. Concerning the recommended condition of approval stipulating relocation of the blacktop parking area a minimum of 10 feet from the south property line unless a variance is granted by the BZA, Mr. Swartz explained that the proponent is adding only four paved parking stalls, all of which will be located outside the required setback area. Mr. Swartz stated that the pro- ponent does not wish to be responsible for removal of asphalt paving already located within the required setback due to the fact that the proponent is only a tenant in the building and plans to be there only temporarily until construction � Planning Commission Meeting - February 27, 1984 -9- of a new body shop proposed for a different site is completed. Mr. Miller � stated that whenever a new use or new construction is proposed for a noncon- forming site, the site should be brought up to Code. Mr. Miller agreed that it would not be practical to tear up existing blacktop for the proposed use and suggested that the matter should properly be referred to the BZA. Yice Chairman Forster opened the informal public hearing for public input. Mr. Gordon Prchal , 421 Quebec Avenue South, asked the proposed use of the site and whether the operation would include painting. Mr. Lupient stated that there would be no body work or painting done at the subject site. The pro- posed operation is motor mechanical reconditioning, not refinishing. Commissioner Prazak added that there is the possibility of subleasing of some office space. Mr. Swartz stated that Mr. Leo Martin of Anderson Cadillac is expected to make application for use of the office space and that the proposed office use would be a three person operation. Commissioner Tubman asked whether notice was sent to surrounding property owners. Mr. Miller confirmed that notice was sent to all property owners within 500 feet of the subject property. Vice Chairman Forster closed the informal public hearing. Commissioner Prazak asked what is in the space between the building and Laurel Avenue. Mr. Miller replied that the area is grass and provides a nice separa- � tion between the building and the residential properties to the north. Mr. Miller added that the building owners are concerned with maintaining an image. Commissioner Forster asked who would install the landscaping. Mr. Lupient answered that Jim Lupient Oldsmobile Company would install the landscaping. It was moved by Commissioner Prazak, seconded by Commissioner Singer and carried unanimously to recommend City Council approval of the Conditional Use Permit requested by Jim Lupient Oldsmobile Company for an automobile mechani- cal reconditioning facility at 704 Pennsylvania Avenue South within an Industrial Zoning District subject to the following conditions: 1. That the site be properly landscaped and maintained par- ticularly with respect to the required screening along the north property line separating the Industrial Zoning District from the Residential Zoning District all in accordance with the City Zoning Ordinance and City Landscape Standards. 2. The paved asphalt parking lot shall be the only location where motor vehicles of any type can be parked whether they are visiting or there for a lengthly stay and absolutely no parking shall be allowed on any grass or sodded landscaped area. � Planning Commission Meeting - February 27, 1984 -10- � 3. If some of the smaller areas in the building should be subleased for office space, the required parking for such office space must be made up from the paved parking lot in front of the building. 4. The parking lot must be moved to a point 10 feet from the ' nearest site lot line or a variance obtained from the Golden Valley Board of Zoning Appeals (BZA). 5. Violation of any of the above conditions or any other provision of the City Zoning Code shall be grounds for the Cit� Council to consider revocation or suspension of this Conditional Use Permit. � Following the action, Mr. Swartz and Mr. Lupient informed the Planning Commission that neighboring residents attending the meeting but not speaking during the public hearing asked them directly if the Russian Olive trees on the site could be retained as pheasants feed in them in the winter. Mr. Swartz and Mr. Lupient asked whether the Russian Olives could remain if the proposed evergreen screening is also added. It was the consensus of the Planning Commission that the proposed evergreen trees could be installed in addition to the existing Russian Olive trees rather than as a replacement of the Russian Olives so that the Russian Olives could be retained. YII. REPORT ON CITY COUNCIL MEETING - FEBRUARY 21, 1984 � Commissioner Prazak provided the Planning Conmiission with a report on the February 21, 1984 City Council meeting. VIII. REPORT ON HRA MEETING - FEBRUARY 14, 1984 Assistant Planner Alda Peikert provided the Planning Commission with a report on the February 14, 1984 meeting of the Housing and Redevelopment Authority IH�). IX. DISCUSSION OF NATIONAL APA CONFERENCE Staff distributed to Planning Commissioners materials on the National American Planning Association Conference scheduled for May 5-9, 1984 in the Twin Cities. Planning Commissioners were informed that since the conference requires no travel this year, the City would be able to pay for registration by all Planning Commissioners wishing to attend. The meeting was adjourned at 8:25 P.M. Respectfully submitted, � Bi Forster, ice CHairman Margaret Leppi , Secretary T0: GOLDEN VALLEY PLANNING COMMISSION DATE: MARCH 7, 1984 FROM: ALDA PEIKERT, ASSISTANT PLANNER � SUBJECT: SET DATE FOR INFORMAL PUBLIC HEARING - REZONING FROM RESIDENTIAL (SINGLE FAMILY) TO TWO FAMILY RESIDENTIAL (R-2) ZONING DISTRICT - 1300-1304 GETTYSBURG AVENUE NORTH_ The proponent, Mr. John J. Day, requests rezoning of a vacant lot which he owns located at 1300-1304 Gettysburg Avenue North from the Residential (Single Family) to the Two Family Residential (R-2) Zoning District to allow construc- tion of a duplex. _ Staff suggests that the Planning Commission set an informal public hearing date of March 26, 1984 for consideration of rezoning of 1300-130� Gettysburg Avenue North from the Residential to the Two Family Residential (R-2) Zoning District. 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P �do.o8 _ ' � : � 13 �� f - °.,°sL, � " -_ r��.�7- _ ' � !3 i 5'_ .� o Ide.s2 _ r4a.oi � o ` : t3 : � � •., � ,. � � T 4 oZ I�a.eZ., z 10 -i �o $• t2 a II � $�• (2 0_, �a �: _LSl_- � z� �• " � $ Sp � �- r 9`��o-. � 5o I I� � R 9 I�� -- 7o c / �' `v �- . � •�.19J5i2 - -- Fn Ze�Z'�',Pe5. . _.�.f ofP/y.�noc,�lnr;ve.Asr�,-a;?horo ;4;a' � , T0: GOLDEN VALLEY PLANNING COMMISSION DATE MARCH 7, 1984 FROM: ALDA PEIKERT, ASSISTANT PLANNER � SUBJECT: INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A SIX-STORY OFFICE BUILDING IN A COMMERCIAL ZONING DISTRICT - 5530 AND 5612 WAYZATA BOULEVARD The proponent, Undestad Investment Company, requests approval of a Conditional Use Permit to allow construction of a six-story office building at 5530 and 5612 Wayzata Boulevard in a Commercial Zoning District. The height restriction in the Corranercial Zoning District is three stories unless a Conditional Use Permit for greater height is issued by the City Council . The subject site is the location of the former Boulevard Restaurant, which is closed, and the adjacent print shop, which is in the same ownership as the Boulevard property. The site is on the northwest corner of the intersection of Highway 12 and Turners Crossroad with frontage on both the Highway 12 service road and on Turners Crossroad. Adjacent properties to the north and west are zoned Commercial and Light Industrial . Area of the total current site is 2.17 acres. Right-of-way requirements for I-394 construction will alter the configuration of the subject site and will reduce the size of the site from 2.17 acres to an estimated 1.83 acres. The site plan for the proposed office building indicates both existing property lines and estimated future site boundaries based on information presently available from the Minnesota Department of Transportation . (MnDOT). Mn/DOT plans for I-394 available at this time are preliminary. Final construction limit lines for the I-394 Project at the subject location are anticipated in May 1984. Construction of I-394 will surround the subject site with roadway on all four sides, with the Xenia Avenue interchange encroaching onto the print shop property on the west, the northeast ramp for Xenia Avenue adjacent to the property on the south side, the new service road forming the boundary of the property on the north, and Turners Crossroad frontage on the east. An additional complication in development of this property is the fact that the Boulevard property is partially in the City of St. Louis Park, with the munici- pal boundary line crossing what was previously the Boulevard Restaurant parking lot. � Golden Valley Planning Commission -2- March 7, 1984 � ' The proposal for development of the property includes a 60,000 square foot office building six stories in height with parking under the building and a four level parking ramp with one level underground and three levels above grade. The City of Golden Ya11ey/City of St. Louis Park municipal boundary line runs through a corner of the proposed parking ramp and across the southerly portion of the proposed office building. The site plan indicates both interim and future development plans corresponding to site conditions before and after I-394 construction. Development alterations proposed in conjunction with I-394 development included changes in access, internal circulation and parking. Initial access is from the service road on the south with future access proposed f rom the new service road on the north. A turnaround is provided to the north of the building and parking ramp on the temporary initial plan but is removed with the change of access to the north. At the same time, four open on-site parking spaces would be removed with the loss of property in the southerly portion of the site, but 16 additional parking spaces would be added to the parking ramp on the western portion of the site where there would be a gain in site area. Adequate parking is provided both for the interim and for the long term, but loss of the turnaround creates internal circulation problems for the long term. Required parking for the 60,000 square foot office building is 240 spaces at a ratio of one space per 250 square feet of gross floor area, and parking provided is 243 spaces under the interim plan and 248 spaces under the future plan. Concerning internal circulation, the architect explains that the turnaround is provided on the interim plan to allow persons checking for availability of parking space to the north of the building to return to the parking ramp. � According to the architect, all parking is clearly visible with future entry from the north, thus eliminating need for a turnaround. However, there is no provision made for dropping a person off in front of the building. Under the future plan, space in front of the building is extremely tight, and the only means of turning around requires use of an empty parking space if available or circulation through the parking ramp. Setback variances are required under both the interim and long-term development plans. The landscaped setback requirement on all street frontages is 35 feet from the street right-of-way line, and the building setback from side and rear property lines is 20 feet, of which half must be landscaped allowing 10 feet to parking or drive. In the case of a builidng over three stories in height, an additional 5 feet of setback is required for each story over three stories. This increases the setback for a six=story building to 50 feet from street right-of-way lines and 35 feet from side and rear property lines. Variances required for the initial plan based on existing property lines involve setbacks of temporary parking from the frontage road and of the temporary turnaround from the north property line. Setback variances required for long-term development are three, all from the future southerly right-of-way line, including the building, the parking ramp and the paved parking/drive area. The building is approximately 17 feet from the south property line, requiring a variance of 33 feet off the 50 foot requirement. The parking ramp is approximately 18 feet � Golden Valley Planning Commission -3- March 7, 1984 � from the south property 1 i ne, requi ri ng a vari ance of 17 feet off the 35 foot requirement. Paved parking/drive area is approximately 13 feet from the south property line, requiring a variance of 22 feet off the 35 foot requirement. All variance requests must be referred to the City Board of Zoning Appeals (BZA) for action. Section 20103 G. of the Conditional Uses Chapter of the City Zoning Code requires that the Planning Cormnission make findings and recommendations to the City Council concerning ten factors, not necessarily given equal weight. Review of the requested Conditional Use Permit with respect to each of the ten factors listed by Ordinance follows: 1 . Demonstrated need for the proposed use. Marketing investigation conducted in conjunction with the Valley Square Redevelopment Project indicates that there is a demand for additional office space in the west suburban sub-market despite an overabundance of office space in the Twin Cities Metropolitan Area in general . Staff questions eco- nomic feasibility of the project considering the higher rental rates necessitated by parking ramp construction, but feels that determination of marketability is the responsibility of the proponent rather than the City. 2. Consistency with the Comprehensive Plan of the City. � The Comprehensive Land Use Plan contained in the City of Golden Valley Comprehensive Plan adopted November 16, 1982 designates the subject site a part of the Golden Hills Study Area, which encompasses properties fronting on Highway 12 both to the east and west of Turners Crossroad. The entire area is currently under study as a potential Redevelopment District and Tax Increment Finance District. In support of the study, the Planning Commission on February 13, 1984 recom- mended adoption of a development moratorium for the area from Turners Crossroad west to the railroad line including the subject site. The City Council has scheduled a public hearing on the proposed Moratorium Ordinance for March 22, 1984. The subject Conditional Use Permit application will not fall under the moratorium if and when instituted, because the application was received prior to adoption of a Moratorium Ordinance. However, the pur- poses of the study area designation and reasons for the development mora- torium may be taken into consideration when reviewing the Conditional Use Permit request. Reasons for creation of the Golden Hills Study Area and for recommendation of a development moratorium include the following: 1 ) Coordination of development or redevelopment with I-394 construction. The proposed moratarium is intended to allow time for finalization of I-394 construction limits and to promote City and MnDOT cooperation on acquisiiton of properties for required right-of-way and for redevelopment. . Golden Valley Planning Commission -4- March 7, 1984 • 2) Redefinition of the City of Golden Valley/City of St. Louis Park munici- pal boundary. The Ci ty of St. Loui s Park al ready approached the Ci ty of Golden Valley concerning adjustment of the rtn�nicipal boundary at the time of I-394 construction to conform to alignment of the new freeway. 3) Preparation of a redeveloment plan for the highest and best use of pro- perties in the study area. As discussed at the time of consideration of the proposed development moratorium, the subject site could be improved by means of combination with the Forster property to the north and realignment of the proposed new service road to create more desirable building sites. 3. Effect upon property values in the .neighboring area Uses currently adjacent to the subject site include the Boulevard Animal Hospital to the west and the Forster Building, Cramer's Food Market and Skelly Station to the north. The proposed development would not have an adverse effect on values of these properties. I-394 construction necessitates removal of the Animal Hospital , Food Market and Skelly Station. As noted above in discussion of redevelopment plans, combination of the subject site with the Forster property to the north could result in the creation of more valuable redevelopment sites. 4. Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area. � The intersection of the current service road ari th Turners Crossroad almost adjacent to Highway 12 is already a location of traffic congestion. The proposed interim plan with access to the new office building off of the existing service road would contribute considerably to congestion at the intersection. However, I-394 construction would eliminate this negative impact on traffic congestion. The proposed future access off the new ser- vice road is an adequate distance of over 100 feet from the intersection with Turners Crossroad. � Golden Valley Planning Commission -5- March 7, 1984 � 5. Effect of any increases in population and density upon surrounding land uses. There would be no increases in population or density. 6. Increase in noise levels to be caused by the proposed use. The proposed use would result in no increase in noise levels. 7. Any odors, dust, smoke, gas or vibration to be caused by the proposed use. The proposed use would not cause any odors, dust, smoke, gas or vibration. 8. Any increase in flies, rats or other animals or vermin in the area to be caused by the proposed use. The proposed use would not result in any increase in flies, rats or other animals or vermin in the area. 9. Visual appearance of any proposed structure or use. , The proposed development would result in unattractive overbuilding of the subject site, as evidenced by inadequate setbacks from the south property line and inadequate maneuvering area between the building and the parking ramp. The building setback from the I-394 right-of-way line is only • approximately one third of the required distance. Judging from preliminary I-394 construction plans available to the City, the building would be situated only about 45 feet from the actual freeway off ramp. 10. Any other effect upon the general public health, safety, and welfare of the ` City and its residents. The proposed building and parking ramp are situated in close proximity to a sewer line located to the south of the building in the City of St. Louis Park. Although the building is approximately two feet to the north of the minimal utility easement, the area between the building and the south pro- perty line is almost entirely within utility easement. Proposed planting of trees over the sewer line is not allowable, and landscaping of the setback area poses a problem. A review of the above considerations indicates a negative recommendation on the proposed Conditional Use Permit for the following reasons: 1 . I-394 construction limits are not finalized at this time. Neither the Planning Commisison or the BZA is in a position to take action on the pro- posed development without knowledge of future property lines. � Golden Valley Planning Commission -6- March 7, 1984 � 2. The proposed development constitutes overbuilding of the site as discussed above. 3. The subject site is within a designated study area and proposed moratorium area both recommended for purposes of achieving the highest and best redeve- lopment uses of the properties. As discussed above, more desirable redeve- lopment of the subject site could be achieved through combination with the parcel to the north and realignment of the service road. Staff suggests that deferral of development for the limited period of time required to allow proper study of the area would be beneficial to the property owners as well as to the community as a whole. The recommended moratorium time period is one year, and it is anticipated that planning objectives could be accomplished in an even shorter period of time. Staff suggests that the Planning Commission recommend that the City Council deny the Conditional, Use Permit requested by Undestand Investment Company to allow construction of' a six-story office building at 5530 and 5612 Wayzata Boulevard in a Commercial Zoning District for the three reasons cited above. Deferral of action on the part of the Planning Cormnission to allow time for finalization of I-394 construction limits or for study of redevelopment possibilities is not a possible alternative due to an Ordinance requirement that the Planning Commission forward its findings and recommendations to the City Council within 30 days after the informal public hearing called for March 12, 1984. The proponent has the option of withdrawing the Conditional Use Permit application • for revision and resubmittal at a more appropriate time and should be informed that Ordinance prohibits resubmittal of any application denied "wholly or in part" for a period of six �nths from the date of City Council denial . AP:kjm Attachments: 1 . Site Location Map 2. Detail of I-394 Preliminary Construction Plans 3. 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