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10-10-83 PC Agenda { GOLDEN VALLEY PLANNtNG COMMISSION (Civic Center, 7800 Golden Valley Road) • October 10, 1983 7:00 P.M. AGENDA I . APPROVAL OF MINUTES - SEPTEMBER 26, 1983 II . SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: TACO BELL, Chicago, lllinois LOCATION: 6620 Wayzata Blvd. REQUEST: Approval of a Conditional Use Permit to operate a Class ll , Fast Food, restaurant within an Industrial Zoning District III . INFORMAL PUBLIC HEARING - REZONING APPLICANT: International Development, inc. • LOCATION: 7700 Wayzata Boulevard REQUEST: Change zoning from Residential to Business and Professional Office Zoning District ;. IV. INFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN - PUD #44, PEM MILLWORK APPLICANT: PEM Millwork LOCATION: 800 Mendelssohn Avenue North REQUEST: Preliminary Design Plan PUD #44 approval V. INFORMAL. PUBLIC HEARIN� - CONDITIONAL USE PERMIT APPLICANT: City of Golden Valley LOCATION: 2501 Rhode Istand Avenue North REQUEST: Approval of operation of Farmer's Market within a Commerciat Zoning District VI . REPORT ON HRA MEETING - SEPTEMBER 27, 1983 • VII . REPORT ON CITY COUNCIL MEETING - OCTOBER 4, 1983 � MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION September 26, 1983 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Chairman Thompson called the meeting to order at 7:00 P.M. Those present were Commissioners Prazak, Singer, Thompson and Tubman. Cortanissioners Forster, Leppik and Polachek were absent. Also present were Mike Miller, Planning and Redevelopment Coordinator, and Alda Peikert, Assistant Planner. I . Approval of Minutes - September 12, 1983 It was moved by Commissioner Prazak, seconded by Conanissioner Tubman and carried unanimously to approve the minutes of the September 12, 1983 Planning Commission meeting as recorded. II. Informal Public Hearing - Conditional Use Permit APPLICANT: Gopher Oil Company � LOCATION: 900 Mendelssohn Avenue North REQUEST: Bulk storage and packaging of motor and lubricating oils in Industrial Zoning District Chairman Thompson introduced this agenda item and recognized Mr. Francis Schuck, Constructive Design, Architect for the proponent, and Mr. Fred Bame, Gopher Oil Company. Chairman Thompson reviewed the staff recommendation for approval subject to two conditions and asked whether the two conditions are understood by the pro- ponent. Mr. Fred Bame confirmed that the two conditions are acceptable to Gopher Oil Company. Mr. Bame stated that the proponent had been working with the City Building Inspector and Fire Marshal and agreed to all required building impro- vements. Mr. Bame said that basically Gopher Oil is in the lubricating oil business and does not plan to do anything different from what Standard Oil did in the building. Mr. Bame added that Gopher Oil sells some antifreeze and related items but is not into chemicals and that all products were reviewed with the Fire Marshal . � Planning Commission Meeting - September 26, 1983 Page 2 � Chairman Thompson instructed the proponents that if they plan to store and package a material other than oil such as antifreeze, this should have been addressed in their application. Commissioner Prazak asked what exactly was said in the application. Planning and Redevelopment Coordinator Mike Miller replied that the application and all other letters from the proponent state that the proponent wishes to store bulk motor �nd lubricating oils. No other substance is mentioned in the applica- tion and letters from the proponent. Mr. Miller pointed out that the whole purpose of the Conditional Use Permit is to control these substances and that need for control was the reason such operations became a Conditional Use when the Zoning Ordinance was revised. There may be a need for other safeguards if other chemicals such as antifreeze are introduced into the building. Staff did not investigate antifreeze because it was not on the application. Mr. Miller concluded that if the proposed operation includes other than motor and lubricating oils, then the application is erroneous and should be withdrawn, corrected and resubmitted for proper hearing. Mr. Miller further pointed out that the Planning Cort�nission also should review the two site plans submitted by the proponent, one indicating space on site for all required parking and the other showing parking space for° initial use with additional parking to be constructed as needed in the future. Mr. Miller explained that this is a matter for the Board of Zoning Appeals (BZA) but should be noted by the Planning Commission. � Mr. Fred Bame stated that antifreeze is a part of any business such as that conducted by Gopher Oil. Mr. Bame explained that the antifreeze comes already blended in tank cars and is transferred to 55 gallon drums. Mr. Bame added that the antifreeze is not flammable or explosive. Mr. Bame then introduced his brother, Mr. Bill Bame, Gopher Oil Company. Mr. Bill Bame asked whether the Planning Commission could recommend approval of a Conditional Use Permit for the oil storage and Gopher Oil could make sub- sequent application for handling of antifreeze provided no antifreeze is included in the operation until the time of approval of the subsequent Conditional Use Permit. Mr. Miller replied that the storage of antifreeze could be handled either as a part of a corrected Conditional Use Permit application or as a subsequent application and that there are arguments for either procedure. It would be preferable from the City standpoint to consider the matter all at the same time rather than reviewing the same site twice, but it is a matter for deci- sion by the Planning Commission. Commissioner Tubman suggested recommending approval of a Conditional Use Permit for storage and handling of oil only with the clear understanding that storage of antifreeze could be a problem or could require additional safe- guards. � � Planning Commission Meeting - September 26, 1983 Page 3 • Commissioner Prazak asked whether the previous user of the building packaged antifreeze. Mr. Miller replied that staff does not know whether or not Standard Oil handled antifreeze but that the Standard Oil operation was grand- fathered in as an existing use at the time of revision of the Zoning Ordinance to require a Conditional Use Permit. Mr. Miller stated that he doubted whether Standard Oil was even aware that the Ordinance had been changed. Now that the operation has been shut down for at least six months, if Amoco were to start up again, they also would be required to obtain a Conditional Use Permit. Commissioner Singer asked whether the poponents are short of time. Mr. Bill Bame answered in the affirmative, and Mr. Fred Bame explained that they have already received an extension of their loan commitment from IDS and that if the Conditional Use Permit is not approved on the current time schedule, there will be no further extension. Mr.. Bill Bame stated that there is protection built into the plant designed to handle spillage of a substance such as antifreeze and that listing of antifreeze on the Conditional Use Permit application was simply overlooked. Commissioner Prazak asked whether the first recommended condition of approval requiring compliance with Building Inspector and Fire Marshal requirements would cover the handling of antifreeze. Mr. Miller answered that he cannot say whether it would cover antifreeze because the Building Inspector and Fire � Marshal were not asked to inspect for use of antifreeze in making their reports on this application. Mr. Miller reported that he mentioned to Mr. Bill Bame at the time of a discussion in the City offices that handling of antifreeze would come under the same Zoning regulations as oil in requiring a Conditional Use Permit. Chairman Thompson opened the informal public hearing for public input. There was no one present who wished to speak on this agenda item, and Chairman Thompson closed the informal public hearing. Commissioner Prazak suggested that the Planning Commission recortonend approval of the requested Conditional �se Permit with the stipulation that the matter be referred back to the Planning Commission if staff determines that use of antifreeze involves additional safeguards and requirements. Mr. Miller informed the Planning Commission that he was instructed by the City Manager to notify the City Council at the October 4, 1983 City Council meeting if there are any problems with holding the October 18, 1983 hearing already set by the City Council . The agenda for the October 4, 1983 meeting is fina- lized on Thursday, September 29, 1983, and the matter would have to be resolved by that time. Mr. Miller suggested that if a delay would hold up � closing on the sale of the building, the proponents should explain their con- cerns at this time. � Planning Coimnission Meeting - September 26, 1983 Page 4 � Mr. Fred Bame stated that the proponents cannot afford any more time delays and would have to remain in their current location if the Conditional Use Permit is not approved by the City Council at the time of the hearing scheduled for October 18, 1983. Mr. Bame explained that oil cannot be moved in the winter without heating which is prohibitively costly. Mr. Bame stated willingness to make any modifications required in order to comply with requirements for handling of antifreeze. Mr. Bame added that although the proponents had been working with the City Building Inspector and City Fire Marshal on their propo- sal for a matter of months, they had only four weeks previously become aware of the need for a Conditional Use Permit. Commissioner Singer expressed willingness to move a recommendation for appro- val with the conditions limiting the operation to storage and handling of oil and to leave the matter of antifreeze for future action. Chairman Thompson and Commissioner Tubman expressed concern that the City Council should be made aware of the antifreeze situation at the same time that approval of the Conditional Use Permit for oil is recommended. Mr. Miller confirmed that the approval recommendation could stand as written with the proponent coming in later for approval on the antifreeze. Mr. Miller added that a file notation made by the City Building Inspector documents that an agent for Gopher Oil was informed by the Building Inspector and by Mr. Miller in December 1982 of the need for a Conditional Use Permit for the proposed Gopher Oil operation. It was moved by Commissioner Singer, seconded by Commissioner Tubman and carried unanimously to recommend City Council approval of the Conditional Use • Permit requested by Gopher Oil Company for bulk storage and packaging of motor and lubricating oils at 900 Mendelssohn Avenue North within an Industrial Zoning District subject to the following conditions: 1. That the applicant accept and implement all requirements and recommendations of the City Fire Marshal , and the City Building Inspector. � 2. That the Conditional Use Permit shall allow only the bulk storage and packaging of motor and lubricating oils as stated in the application, and shall not include the bulk storage, packaging and/or blending of any other chemical substances than those � included on the Conditional Use Permit application. 3. That any variance from initial construction of all parking space required by Ordinance shall require Board of Zoning Appeals (BZA) action. . Chairman Thompson suggested to the proponents that they begin immediately on their application for a Conditional Use Permit to cover storage and handling of antifreeze. � Planning Commission Meeting - September 26, 1983 Page 5 • III. Informal Public Hearing - PUD Amendment, Preliminary Design Plan APPLICANT: Colonial Acres Home, Inc. LOCATION: 5800 St. Croix Avenue REQUEST: Approval of Preliminary Design Plan for PUD #1-6, Covenant Manor, Amendment #2 Chairman Thompson introduced this agenda item and recognized Mr. James Van Vugt, Executive Director, Colonial Acres Healthcare Center. Commissioner Tubman asked the proponent whether there is a demand for the pro- posed additional living units. Mr. Van Vugt replied that the rationale for the proposed addition is three-fold: 1. There is an ongoing demand metro wide for this type of living unit. 2. Covenant Manor currently has a waiting list of 26 persons desiring units. During the current year only five apartments became avail- able. This translates into a three to five year waiting time for new residents. 3. The original plan for Covenant Manor was for a seven story building • housing 130 units, and facilities are designed to accommodate 130 units. Covenant Manor could make better use of its facilities with an increased number of units. Mr. Van Vugt added that their own national board requires that a certain number of units be prereserved with substantial deposits prior to construc- tion. It is anticipated that by the spring of 1984 more than 50 percent of the units will be firmly coimnitted and then construction can begin. Commissioner Singer asked whether residents buy the- units. Mr. Van Vugt replied that Colonial Acres offers a continuing care concept whereby an indi- vidual makes an endowment or pays an entrance fee which purchases a substan- tial art�unt of prepaid health care. Colonial Acres then assures that the health care is available on their campus. The proponent is at this time completing an addition to the Colonial Acres building which provides care one step away from the apartment but not yet within the nursing home category. When completed Colonial Acres will then have on their campus all four steps recognized nationally in the continuing care concept. The new step is called personal care, and the other two steps in the four step program are inter- mediate care and skilled nursing care. The fee paid for residency at � Covenant Manor assures residents of availability of continuing care and also insures them of a significant ar�unt of prepaid care. Chairman Thompson opened the informal public hearing for public input. � Planning Commission Meeting - September 26, 1983 Page 6 • Mr. Joseph Prest, 6000 Duluth Lane, stated that he has been a resident at that location since 1969. Mr. Prest said that when Covenant Manor came into existence in their community, they saw the well kept grounds and beautiful building and had a chance to meet the lovely people who live there. Mr. Prest said that Covenant Manor has enhanced the community tremendously, that he is very proud to have Covenant Manor as a member of the community, and that he is sincerely looking forward to the new construction. Chairman Thompson closed the informal public hearing. Mr. Van Vugt said that he would like to comment as a matter of record that Covenant Manor looks for continuation of several conditions of the original PUD Permit: 1. Access from Duluth Street for deliveries and staff by means of a permanent easement concluded with Jason Development. 2. An overflow parking agreement with Jason Development for use of the office complex parking area on the four to five occasions per year when Covenant Manor has special programs requiring additional parking. 3. Provision for payment of a contribution to the City for ser- vices in place of taxes in the event that Covenant Manor is eventually determined to be tax exempt, a question to be • decided by the Supreme Court. Mr. Miller verified that the original Permit conditions in question will remain in effect. Chairman Thompson reviewed the staff recommendation for approval subject to five conditions and asked for Commissioner comments. 0 Commissioner Singer expressed support for the project and stated that he likes the idea of calling the complex a campus. Commissioner Tubman stated that she appreciates the living options and health care options offered by Colonial Acres with Covenant Manor. Cor�nissioner Tubman stated that the Planning Commission and City Council are very much aware of the need for senior citizen housing and that this plan is par- ticularly well integrated with the existing building, the surrounding neigh- borhood and the needs of the community. Commissioner Tubm�n concluded that it is nice to see so many older citizens who appreciate this type of housing turning out to support the construction of more such housing. Commissioner Prazak stated that he wished to underscore support expressed by other Commissioners and to compliment Colonial Acres for extending the range of types of care offered. � Planning Commission Meeting - September 26, 1983 Page 7 • It was moved by Commissioner Prazak, seconded by Commissioner Singer and carried unanimously to recommend approval of the Preliminary Design Plan for PUD #1-B, Covenant Manor, Amendment #2 subject to the following conditions: 1. Relocation of the six inch building sanitary sewer connection directly into the sanitary sewer line to the east of the building instead of into the manhole slightly to the northeast. 2. Sprinklering of the entire new building including the parking levels. 3. Location of the Fire Department connection for the sprinkler system and standpipes on the northeast corner of the building in proximity of the fire hy drant. 4. Construction of an opening in the existing fence on the east property line to provide access to the fire hydrant on that side. 5. Attention on the landscape plan submitted with the General Plan of Development to landscaping treatment of the five foot setback and radio tower site on the north side of the building. IV. Discussion of Setting of City Council Hearing Dates Prior to Planning . ommission ction . Chairman Thompson stated that prior to proceeding with reports on meetings, he wished to cor�nent on the fact that this was not the first time the Planning Commission had been faced with an already scheduled Council hearing and that the dangers of having a hearing already set at the request of the City Manager were quite apparent from developments in consideration of the Gopher Oil Conditional Use Permit request. The time constraint limits the flexibility of the Planning Commission and does not allow for full consideration of a propo- sal . Planning Commissioners expressed concurrence with this observation, and Chairman Thompson stated that he feels this sentiment should be passed on to the City Council . V. Report on HRA Meeting - September 13, 1983 Chairman Thompson provided the Planning Commission with a report on the September 13, 1983 HRA meeting. VI. Report on BZA Meeting - September 13, 1983 Chairman Thompson deferred the report on the September 13, 1983 Board of Zoning Appeals (BZA) meeting due to the absence of Commissioner Polachek. VII. Report on City Council Meeting - Se tember 20, 1983 • Chairman Thompson provided the Planning Commission with a report on the September 20, 1983 City Council meeting. Planning Commission Meeting - September 26, 1983 Page 8 � Y I I I. Report on Meeti ng of the Si dewal k Corrani ttee Comni ssioner Si nger provi ded the Pl anni ng Comrni ssion wi th a report on the meeting of the Sidewalk Conrnittee, which reviewed and updated the sidewalk construction p�iorities in a 1970 sidewalk plan. The meeting was ad�ourned at 8:15 P.M. Respectfully submitted, avid hompson, Chairman argaret Leppi , 5ecretary � ' � � T0: GOLDEN VALLEY PLANNING COMMISSION DATE: OCTOBER 5, 1983 FROM: ALDA PEIKERT, ASSISTANT PLANNER SUBJECT: SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A CLASS II RESTAURANT IN AN INDUSTRIAL ZONING DISTRICT - 6620 WAYZATA BOULEVARD - TACO BELL The proponent, Taco Bell , requests a Conditional Use Permit for operation of a take out restaurant at 6620 Wayzata Boulevard, currently the location of an Arthur Treacher's Fish and Chips Restaurant. The subject site is in an Industrial Zoning District, in which a Class II Restaurant is a Conditional Use. � � Staff suggests that the Planning Commission set an informal public hearing date of October 24, 1983 for consideration of the Conditional Use Permit requested by Taco Bel.l for a Class II Restaurant at 6620 Wayzata Boulevard in an Industrial Zoning District. � AP:kjm � • - - � � . 4 Sa•�•�;£ � � 948 96.... . o! .?� c, :ga r. CCC NC 9�E'?a� � . 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International Development Company, Inc. has requested rezoning the property located at 7700 Wayzata Boulevard from Residential (single family) to Business and Professional Office (B�PO) . HoweVer, after reviewing their proposed plans with respect to neighborhood opposition and the poten�ial impact on the site resulting from the development of �-394 and subsequent ri�ht-of-way acquisltion, the proponent, through his engineering consultant, Westwood Planning and. Engineering, has with- drawn their request to rezone the site in question. The proponent would prefer to develop a plan that would be more acceptable to the neighborhood. The proponent would also like to explore the possibilities of negotiating a contract zoning arrangement between the City and the proponent to assure . the community that the developer will perform as he says he will . MHM:kjm . � j `,�o�^ti ,��� ,eoo e.�'.- � ti � � r� o r,,�«. 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The proponent, Mr. Paul Hoover, requests a postponement of the informal public hearing to allow time for completion of plans for the sanitary sewer service and for surface water drainage as required by the City Engineer. Staff suggests that the Planning Commission not take .action to reset an informal public hearing date for the Preliminary Design Plan of PUD #44, Pem Millwork Addition, until staff reports that the proponent has submitted utility plans which meet the approval of the City Engineer. Staff suggests that the Planning Commission not take action to reset � an informal public hearing date for the Preliminary Design Plan of PUD #44, Pem Millwork Addition, until staff reports that the proponent has submitted utility plans which meet the approval of the City Engineer. AP:kjm � � T0: GaLDEN VALLEY PLANNING COMMISSION DATE: OCTOBER 5, 1983 FROM: ALDA PEIKERT, ASSISTANT PLANNER SUBJECT: INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT - 2501 RHODE ISLAND AVENUE NORTH - FARMERS MARKET IN A COMMERCIAL ZONING DISTRICT The City of Golden Valley, as the proponent, requests a Conditional Use Permit for City sponsorship of a seasonal farmers market on two vacant lots owned by Golden Valley VFW Post No. 7051 and located at 2501 Rhode Island Avenue North in a Com- mercial Zoning District. . The proposed operation is further described in the attached application under item 7 continued on an additional sheet. The proposed farmers market would operate three days a week, Monday, Wednesday and Saturday, for six months of the year, April through October. Proposed hours are 7:00 a.m. to 7:00 p.m. The description includes limitations on products to be sold and on the size of trucks allowed. The site plan prepared by the City Engineer illustrates location of vendor stalls, customer parking and access points. A total of eleven vendor stalls, each 20 by 50 feet in size, are provided for a total of 11 ,000 square feet of vendor area. The City Engineer indicates adequate space for the 73 parking spaces required by � Ordinance based on a ratio of one parking space for every 150 square feet of retail space. Two existing curb cuts at the north and south ends of the Rhode Island Avenue North frontage provide access to the site. The Golden Valley City Council on July 19, 1983 authorized signature of the attached agreement with VFW Post No. 7051 , in which the VFW grants the City use of the property for purposes of conducting a farmers market limited to the proposed products , days and times provided the City maintains the property and releases the VFW from liability. The application notes that the VFW has also offered to make the restroom facilities in th� adjacent VFW available for farmers market use. The City remains the applicant for the Conditional Use Permit responsible for the farmers market, but the application explains that operation of the proposed farmers market by the Golden Valley Senior Citizens Group is anticipated. Staff suggests tha.t the Planning Commission deny the Conditional Use Permit requested by the City of Golden Valley for operation of a farmers market at 2501 Rhode Island Avenue North in a Commercial Zoning District due to lack of adequate facilities on the proposed site and due to lack of staff to oversee operation of the proposed farmers market. • The site is currently unimproved and consists of dirt, weeds and rutted gravel drive at the north access point. The Board of Zoning Appeals (BZA) on August 9, 1983 denied a City request for a waiver of Zoning Code requirements of bituminous parking lot surfacing and curb separation from landscaped areas. The attached BZA minutes reflect that BZA members not only expressed concern over precedent set by � waiver of paving requirements, but also stated for the record additional concerns over general maintenance of a City operated farmers market. The proposed site plan shows sodding the required landscaped setback areas and presumably gravel finish Golden Valley Planning Commission • October 5, 19$3 Page 2 af the market and parking areas. However, City intentions for site improvement and availability of funds, materials or staff for improvement are not adequately add ressed. Additional site deficiencies include lack of water on site for care and handling of produc-e, lack of any permanent shelter for senior citizens overseeing the operation, lack of lighting or electricity for lighting necessary for operation up . to 7:00 p.m. in October, and limited availability of the VFW restrooms. Not only are the restrooms some distance from the site, but the VFW does not open until 11 :00 a.m. , four hours after the proposed opening hour of the farmers market. Furthermore, access to the UFW for underage vendors or customers is questionable. Staff further questions whether it is appropriate for the City to undertake responsibility for the proposed farmers market considering potential adminstration and maintenance needs. Reliance on the Senior Citizens Group for operation is not adequately addressed, and no commitments of City staff time or funding are made. City Engineer Lowell Odland will be present at the October 10, 1983 Planning Commission meeting to explain the proposal and answer questions. � AP:kjm Attachments: 1 . Site Location Map 2. Application Form 3. Site Plan 4. July 19, 1983 City Council Minutes 5. Agreement ' 6. August 9, 1983 BZA Minutes � i;o .r-- - ---- - o� ... LSa9.s�-�5 - �.:� �� :, . a L C1TY OF „"�•�;.� NE 0 �09' �-.�• i sox .;'•• .T r� , Bp �n7:ir6t ,^�, M •75798• EaSr� � �I�K�..e �� �� .. 4. �'.ti° • �ro � � �.�+29 p a 3c1� .. . ... . O �n -;i e_;r. `_"�: � , a . �s�4 ; � ..• �..� o o°� �`° `�62Z) a �»s��s' SB2•,�3s ��'� � P ..:� �.� � �6/0)w� `rN�- � � ��`'ti:' So �� ',.� ..� C fZ�M ERGIA Z� � �� � � h�Q p�6- -� ...235 ' : Q �. . 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I � N ♦ Q a �' ` O� nt � ' � ' a 1�sao OUTLOT 1 _. n33=B'.�'E :6a � .'� ; ' � I O O1� 1 .� �; ?.L� t" a. �o,; `�`�•-��_--- --_ - - - - • �. A ., o .!e :�r''+.5.4w',• � � R s '� � Q : ti �r " _ �uo.e - -• " =u _. �,W�.. ��� • ., :,-„ �� �co . . . � -T- - � .�r---r-------,�—� �_:, ��lSe�c+E�,,; 6�r� SUPPLEMENTARY INFORMATION � 1. Enclosed herewith is my check in the amount of $150.00 required for filing of the application. I understand that NO portion of this amount witl be refunded to me. FEE WAIVED 2. NAME OF APPLICANT• City of Goiden Valley, Minnesota individual , corporation, etc. ADDRESS: 7800 Golden Vallev Road ZIP: 55427 BUSINESS PHONE: 54�-3781 HOME PHONE: 3• STREET ADDRESS OF PROPERTY DESCRIBED IN THIS APPLICATION: Lots 5 and 6, Block 1 , Terra Linda Plaza (no address assigned at this time. ) 4. EXACT LEGAL DESCRIPTION OF THE LAND INVOLVED IN THIS PETITION: (Use extra sheet and attach to this application) 5. PRESENT ZONING CLASSIFICATION OF THE DESCRIBED PROPERTY: , ___Comme rc i a 1 6. DO YOU OWN THE PROPERTY DESCRIBED IN THIS APPLICATION? (See Section 10) YES NO X City +�as an agreement with Property owners for use,. if granted. 7. PROPOSED USE OF THE PROPERTY AND REASON FOR REQUESTING A CONDITIONAL USE PERMIT (Be specific) : _ The commercial zoning code provides for operation of a farmer' s market under the provision of a conditional use permit. The proposal is to provide for a market which would operate on Monday, Wednesday, and Saturday each week from April lst through November lst of each year. (Continued on attached sheet) 8. GENERAL AREA MAP: Attach an accurate, dimensioned. general area map of the area in- volved, showing the location of the subject property with respect to existing streets, railroads. drainage ways, public utility easements, buildings and nea�by properties that might be affected • by the granting of this petition. Also, attach a list of names and mailing addresses of all property owners within 500 feet of tfie perimeter of the sub,ject property. The scale of the General Area Map should be 1" � 200' or large�. Up-to-date half-sections of approximately this scale are suitable for this purpose. • 7. Continued - The hours proposed to be available for this purpose are within 7:00 A.M. to 7:00 P.M. each day of use. Spaces for vendors will be at 20 feet wide, 50 feet deep to provi�de for a vehicle and display. A maximum of 11 vehicles at any one time. A refuse container will be provided on site by the City. Toilet facilities have been offered by the V.F.W. for use in their building. ° A daily fee of $4.00 per vehicle is proposed and at the present time it is being considered that the Golden Valley Senior Citizen's Group from Brookview operate the market and the funds collected be used for their projects. Vendors will be limited to maximum size vehicle of 2 tons in weight. (No semi-tractor types) . Sales are limited to bedded plants, flowers, seasonal produce in season and firewood. (No antiques, handcraft items, meats or other processed food will be permitted.) • • - - - --. _------- -_=-- —_-=----_ _-.-._:-_.-____._ :. ..- ----- ---- - - e 'ON 3f1N3Ad aNd�Sl 3a0H2i � --- ---- -- -- ---------- --- — -- _ �s — -��c�,����T--- - - -�.------��,.�_�-. � ti =- - s e� � - � ..�_� _- *`_.r � - _ �-- --_ - — ` � 1 _ _ � �� � -� " . .... . -- e e�� •A��1� — __—_ �7�1 I �.... Q_ 4i� i Z� � � � x�� � �� , . }. � _ ' ��� � - - - - - - - - �� � z � ' � � � � : � � � I ' � � � `� ' i ► � , � � ; -- ,, � � :� r; U� L d , _ � .� : � V H !• U m Y �1 r � o °C � � a � � w� N � W 1 j `�s O N ~ � _ f a t N -� • � 1 � a ao�c � �� _ ����� � I , �' � ��, d i • .x.: ! ` ; ¢ -� � � � � x � , o � . � � � . � �� � �� : � � s � � . � . � ' - --- — — — _ ---- -- - � � ; t z � � } . � � 1 � E � � ;' ��;_ � , � i - . ` • - '_ -- 1 •:,•, �r. _ _ .� ` i � _ I i • I ; b � � ' � I I W I 3 � � � i i ' I � � ------• • Ju�y 19, 1983 titions Re ardirt 83 SI 4 MOVE by Johnson, seconded by Mitchell and motion carried unanimously to recei and fi two petitions, one dated July 13, and one received July 14, 1983. � *Fina1 P1 A proval - PUD #30-6 - Med1e Lane . Member Johns introduced the following resolution and moved its adop on: RESOL ION FOR ACCEPTANCE OF PLAT OF PUO �30-8, MEDLEY E The mation for the doption of the foregoing resolution was sec nded by Member Mitchell and upon a te being taken thereon, the follaring v ed in favor thereof: Anderson, Jo nson� Mitchell, Stodcnian and Thorsen and the following voted against the same: none, whereupon said resolution w s declared duly passed and adopted, signe by the Mayor and her signatur attested by the Deputy City C1erk. See Resolutio Book Page . *Extensi�n of Sales Trailer at heasant G1en Townho s MOVED by J ohnson, seconded by Mi ell and moti carried unanimou sly to extend the use of the sales trailer at Ph sant G1en ownhomes to Decenber 31, 1983. *Designating Polling Place Member Johnson introduced the following solution and moved its adc�ption: RESOLUTION DESI ATING LLING PLACES � The motion fur the adoption of t foregoing re lution was seconded by Member Mitchell and upon a vote being aken thereon, the following voted in favor thereof: Ariderson, Johnson, tchell� Stockman an Thorsen, and the following voted against the same: no , whereupon said resolu ion was decla red duly passed and adopted, signe y the Mayor and her signa re attested by the Deputy City Cleric. See Resolut n Book Page . Final Brookview Pool tudy Maurice Johnson a Bob McNiesh fram TKDA, and Lloyd Becker, ning and Inspection Supervisor were resent to review the study and answer question fram the Council . MOVED by M' he11, seconded by Johnson and motion carried unanimousl to receive and file e final . Brookview Pool Study, dated Ju1y 14, 1983 and refe it to the Open Sp e and Recreation Commission with the following direction: ana ze the cost fectiveness as compared with the numbers served and with other re eation pr ams, and request that the Council Subcommittee of Stodcman and Thorse meet wi a Open Space and Recreation Commi ssion Subcammi ttee prior their revi ew f e study. Proposed Agreement with VFW for Farmers Market Lowell Odland, Robert Skare and Lloyd Becker, Zoning and Inspection Supervisor were present to review the ageement and answer questions fran the Council . • MOVED by Johnson, seconded by Anderson and motion carried unanimously to authorize the Mayor and Manager to sign the agreement with YFW Post �7051. AQtEEMENT • This is an Agreement made and entered into this 19th day of July, 1983, by and between the CITY OF GOLDEN VALLEY (herefn- after "City") and the VETERANS OF FOREIGN WARS, Post No. 7051 located within the City of Golden Valley (hereinafter "VF�V- The VFW owns certain real property within the City located on Rhode Island Avenue between Medfcine Lake Road on the North and 23rd Avenue on the South (as legally described below) and the City is desirous of using said property, on a part-time basis, in order to provide for the operation thereon of a farmer 's market. It is the intent of the City that the above-referenced subject property owned by the VFW, being commercially zoned, may be used as a site to which producers of agricultural commodities - may bring their produce for the purpose of there displaying and selling the same to interested citizens and/or residents of the City of Golden Valley. The VFW is willing to allow the City to use its property for the farmer 's market purposes aforesaid provided that said use is restricted and conditioned as per the terms hereof. NOW THEREFORE, the parties hereto, in consideration of their mutual covenants herein made, and the payment by the City to the VFW of the sum of �10 and other good and valuable consideration, do agree as follows: • 1. The VFW hereby grants unto the City the ri ht license and privilege to use that �er tain property owned by the VFW and legally described as: Lot 5 and Lot 6, Block 1, Terra Linda Plaza, Hennepin County, Minnesota. f or the purpose of the City conducting thereon a farmer 's market operation of the type described above, to which farmer 's market egricultural producers shal.l be allowed to bring, deposit, display and sell bedded plants, seasonal produce, cut fresh flowers and • the like. 2. The license and right of use as hereinabove described shall be Iimited to the hours of 7:00 a.m. to 7: 00 p.m. on Mondays, Tuesdays, Wednesdays and Saturdays during the months of July, August, September and October during the calendar year 1983, and to the hours of 7:00 a.m. to 7:00 p.m. on Mondays, Tuesdays, Wednesdays and Saturdays during the months of April, May, June, - July, August, September and October of all years subsequent to 1983 during which this Agreement is in force. 3. The term of this Agreement shall commence on the date hereof and shall extend at a minimum to November l, 1983. � Thereafter this Agreement shall automatically continue in force for successive one-year terms until and unless either pazty hereto � shall give to the other notice of its intent to terminate. Any such notice given by either party hereto shall be effective for the purpose of terminating this Agreement provided that it is given in writing and by hand delivering said written notice to any officer or official of the other party hereto, and provided further that said notice must be so delivered not less than 120 days prior to the termination date as specified in said written notice. 4. The City hereby agrees to indemnify, hold harmless, save and defend the VF�nT from any and all claims which may arise out of the City's operation of the farmer 's market as hereinabove described. 5. The City agrees that it will at all times during and immediately following each daily period of prescribed and permitted use as stated above, keep and maintain the subject property owned by the V�1 in a safe and clean condition, and will cause to be removed therefrom every �nd all type and nature of ref use, litter and waste materials. 6. This Agreement sets forth the entire understanding between the parties and shall not be modified, altered, amended or abridged without the written consent of the other party hereto. • The parties have caused this Agreement to be executed by their respective officials named below the date and year first written above. CITY OF GOLDEN �FALLEY B . Rose r T orsen Its: May And Sweet Its: City Manager VF�nT OF OOLDEN VALLEY ''� By Its: � � i And . Itss � ., y ' � �n . -2- Board of Zoning Appeals Page 6 • August 9, 1983 83-8-21 (Map 14) Commercial ot an , oc , erra inda Plaza City of Golden Va11ey and VFW Post 7051 The Petition is for waiver of Section 13.07(1 ) of the Zoning Code to provide for a temporary parking area without curb and blacktop. The secretary, Lloyd Becker, reviewed the proposed plot plan for parking and vendor area with the Board. Following a review of the entire. proposal with the Board, Art Flannagan moved to deny the request for waiver of the required curb, gutter and asphalt surface for the lot. Glen Christiansen seconded the motion and upon vote it carried unanimously. The Board noted that the Zoning Code did provide for other farmer's markets to be considered under Conditional Use Permits in the corrrnnnercial area. They said a waiver here would set an unacceptable precedent by the Board and it would be difficult to fairly address any other such proposals or any other parking lot as required in the entire Zoning Code. In addition, the Board members present asked that the minutes reflect that they � did not look favorably on the proposed farmer's market because of the following concerns for it. The possibility of it becoming a public nuisance, the potential cost to the city for maintenance of the area and the possibility of problems with transient vendors and control of the area. There being no further business to come before the Board, it was upon motion, second, and vote adjourned at 9:20 P.M. Glen Christiansen, Chairman Pro Tem Lloyd G. Becker, Secretary �