10-24-83 PC Agenda � GOLDEN VALLEY PLANNING COMMISSION
(Civic Center, 7800 Golden Valley Road)
October 24, 1983
7:00 P.'M.
AGENDA'
I . APPROVAL OF MINUTES - OCTOBER 10, 1983
II . INFORMAL PUBLiC HEARING - CONDII'�IONAL USE PERMIT
APPLICANT: Taco Bell , Chicago, Illinois
LOCATION: 6620 Wayzata" Blvd.
REQUEST: Approval of a Conditional Use Permit to
operate a Class II , fast food, restaurant
within an Industrial Zoning District
III . REPORT ON CITY COUNCIL MEETING - OCTOBER 18, 1983
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IV. REPORT ON HRA MEETING - OCTOBER 11 , 1983
V. REPORT ON BZA MEETING - OCTOBER ,11 , 1983
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� MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
October 10, 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 Leppik, Polachek, Prazak, Singer, Thompson
and Tubman. Commissioner Forster was absent.
� Also present were Alda Peikert, Assistant Planner, and Lowell Odland, City
Engineer.
I. Approval of Minutes - September 26, 1983
It was rr�ved by Correnissioner Singer, seconded by Commissioner Prazak and
carried unanimously to approve the minutes of the September 26, 1983 Planning
Co�nission meeting as recorded.
II . Set Date for Informal Public Hearing - Conditional Use Permit
� APPLICANT: Taco Bell , Chicago, Illinois
LOCATION: 6620 Wayzata Blvd.
REQUEST: Approval of a Conditional Use Permit to
operate a Class II , Fast Food, restaurant
within an Industrial Zoning District
Chairman Thompson introduced this agenda item and noted the staff recommen-
dation of an October 24, 1983 informal public hearing date.
It was �ved by Commissioner Polachek, seconded by Commissioner Leppik and
carried unanimously to set an informal public hearing date of October 24, 1983
for consideration of the Conditional Use Permit requested by Taco Bell for a
Class II Restaurant at 6620 Wayzata Boulevard in 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
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Planning Cormnission Meeting - October 10, 1983 Page 2
� Chairman Thompson introduced this agenda item and referred to the staff report
informing the Planning Cormnission that the proponent withdrew the rezoning
request.
IY. Informal Public Hearing - Preiiminary Design Plan - PUD #44,
Pem Mi wor
APPLICANT: Pem Millwork
LOCATION: 800 Mendelssohn Avenue North
REQUEST: Preliminary Design Plan PUD #44 approval
Chairman Thompson introduced this agenda item and referred to the staff report
informing the Planning Commission that the proponent requested a postponement
of the informal public hearing and recommending that the Planning Commission
not reset the informal public hearing date until required engineering infor-
mation is received.
V. Informal Public Hearing - Conditional Use Permit
APPLICANT: City of Golden Valley
LOCATION: 2501 Rhode Island Avenue North
� RfQUEST: Approval of operation of Farmer's Market
within a Commercial Zoning District
Chairman Thompson introduced this agenda item and recognized City Engineer
Lowell Odland who was present to answer questions concerning the proposal .
Commissioner Leppik requested clarification of the proposed days of operation
noted as Monday, Tuesday, Wednesday and Saturday in the signed agreement with
. the VFW and as Monday, Wednesday and Saturday in the application. Assistant
Planner Alda Peikert responded tflat she understood the days to be Monday,
Tuesday, Wednesday and Saturday and that the correct days should be specified
in the conditions of any Conditional Use Permit issued.
Chairman Thompson opened the informal public hearing for public input.
Mr. Orlyn Zibley, 2480 Valders Avenue North, asked why the City would propose
a farmers market, how the City would operate a farmers market and whether the
City would license participants. Mr. Zibley stated that he has concerns
regarding clean up of the farmers market site, early hours of operation of a
farmers market located next to residential areas, and additional traffic at
an already busy intersection. Mr. Zibley stated that he is not totally
against the farmers market idea despite his concerns. He questioned location
of the farmers market on the City boundary neighboring New Hope if it is
intended to serve Golden Valley residents.
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Planning Cortgnission Meeting - October 10, 1983 Page 3
• Chairman Thompson reviewed the proposal as presented in the application, whi�h
answered a number of Mr. Zibley's questions concerning operation of the pro-
posed farmers market. Chairman Thompson further explained that the Planning
Co�nission makes a recommendation to the City Council based on land use con-
siderations.
City Engineer Lowell Odland reviewed the background for City involvement in
the farmers market proposal and further explained the proposed operation. Mr.
Odland explained that after the market operated by Mr. Sarych closed, a number
of Golden Valley residents expressed interest in a farmers market. The City
became involved because no one initiated a proposal privately. City staff
researched available sites and located the proposed site owned by the VFW.
Mr. Odland stated that the City does not have staff to operate the proposed
farmers market and has no intention of becoming involved in operation. The
Golden Valley Senior Citizens Group has expressed an interest in the farmers
market, and the only way it could operate would be with the Senior Citizens
Group taking responsibility for operation, control and clean up. Mr. Odland
stated that the City would r�nitor traffic and housekeeping problems and that
these could be considerations for revocation of the Conditional Use Permit.
Concerning hours of operation, Mr. Odland said that staff found other farmers
markets generally operate from early �rning to around 10:00 A.M. or noon.
Provision is made in the proposal for operation until 7:00 P.M. to accommodate
pumpkin sales in the fall , but operation for su�ner produce and flowers would
• probably continue only until noon.
Concerning improvement o'f the property, Mr. Odland said that the City expects
ta spend approximately two days of work to accomplish leveling of the site,
gravel surfacing of the parking area and seeding of other areas. The cost to
the City would be two days of labor. Mr. Odland noted that as stated in the
staff report, the City asked for a waiver of the Zoning Code requirement for
paving of parking lots. Mr. Odland stated that it is obviously not practical
to pave a parking lot not in City ownership for an operation of undetermined
duration. Mr. Odland concluded that if the farmers market concept is to be
tried, it should be at a minimum cost to the City and with maximum protection
- of surrounding property owners.
Commissioner Leppik asked what toilet facilities would be available for far-
mers market use during early hours prior to opening of the VFW. Mr. Odland
pointed out that most farmers markets are held in mall parking lots where the
stores do not open until 10:00 A.M. and that toilet facilities are not a
problem.
Cortanissioner Leppik stated a concern over noise generated by the farmers
market at 7:00 A.M. next to the Dover Hill residential complex. Chairman
Thompson asked Mr. Zibley whether 7:00 A.M. traffic noise would be a concern
to him as a neighboring resident. Mr. Zibley answered that his concern is the
traffic hazard at the intersetion more than noise.
•
Planning Commission Meeting - October 10, 1983 Page 4
• Mr. Lyle Larsen, 830 Rhode Island Avenue South, stated that his residence is
in the vicinity of nonresidential development which generates business traffic
on his street and that early morning traffic is not a problem to residents.
Chairman Thompson closed the informal public hearing.
Co�anissioner Tubman noted that the application is lacking a proponent who will
actually be the business operator and suggested that the application is prema-
ture in that no specific arrangement or agreement has been concluded with the
Senior Citizens Group as operators responsible for the proposed farmers
market.
Commissioner Polachek expressed concern about the precedent set by issuance of
a permit for a City operation on a site which does not comply with City Codes.
Commissioner Polachek stated that if the City asks for something, the proposal
should be absolutely immaculate in that it should meet all Cit� Code require-
ments. As an illustration of concern over precedent, Commissioner Polachek
compared the City proposal for use of a gravel parking lot with a request from
a private citizen for gravel surfacing of a drive which he speculates may not
be used more than three to four years.
Chairman Thompson reviewed the staff recommendation for denial based on lack
of adequate site facilities and lack of staff to oversee the operation.
Chairman Thompson added as grounds for denial the congested traffic situation
at the intersection during the 7:00 to 9:00 A.M. rush hour.
• Commissioner Prazak stated that he would like to see a farmers market, but
that this proposal does not seem to offer the right place or conditions.
Cor�nissioner Prazak added that the location is not attractive in that it does
not fiave visibility.
It was moved by Commissioner Leppik, seconded by Commissioner Tubman and
carried unani�usly to recommend that the City Council deny the request
received from the City of Golden Valley for a Conditional Use Permit for
operation of a farmers market at 2501 Rhode Island Avenue North in a
Co�nercial Zoning District for the following reasons:
1. Lack of adequate facilities on the proposed farmers market
site.
2. Lack of City staff to oversee the operation and absence of an
agreement with the Golden Valley Senior Citizens Group docu- �
menting Senior Citizen Group acceptance of responsibility for
operation, control and maintenance of the farmers market.
3. Bad precedent set by issuance of a permit for a City operation
which does not comply with City Code.
4. Potential increase of already existing traffic congestion in
the area of the Winnetka Avenue North and Medicine Lake Road
• intersection.
5. Potential noise disturbance to the neighboring Dover Hill resi-
dential complex.
Planning Commission Meeting - October 10, 1983 Page 5
.
VI. Report on HRA Meeting - September 27, 1983
Chairman Thompson provided the Planning Commission with a report on the
September 27, 1983 meeting of the Nousing and Redevelopment Authority (HRA).
YII. Report on City Council Meeting - October 4, 1983
Commissioner Tubman provided the Planning Commission with a report on the
October 4, 19$3 City Council meeting.
VIII. Memorandum from the City Manager on Scheduling of City Council Hearings
Chairman Thompson distributed to Planning Co�nissioners a memorandum from the
City Manager concerning scheduling of City Council hearing dates prior to
Planning Commission consideration of an agenda item. Chairman Thompson
offered his interpretation of the memorandum that if the Planning Corrnnission
feels the need for additional time for review of an agenda item, the fact that
a hearing is already scheduled on the City Council agenda should not force the
Planning Commission to curtail its proper review.
IX. Report on Tax Exempt Review Committee Meeting - October 3, 1983
Chairman Thompson provided the Planning Co�nission with a report on the
. October 3, 1983 meeting of the Tax Exempt Review Committee.
X. Discussion of Accessory Housing Survey
Co�nissioner Leppik introduced and distributed to Planning Commissioners a
revised version of the Accessory Housing Survey prepared by the League of �
Women Voters. The Planning Commission reviewed and discussed the Survey revi-
sions.
The meeting was adjourned at 8:05 P.M.
Respectfully submitted,
David hompson, Chairman Margaret Leppik, Secretary
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� T0: GOLDEN VALLEY PLANNING COMMISSION DATE: OCTOBER 19, 1983
FROM: ALDA PEIKERT, ASSISTANT PLANNER
SUBJECT: INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT - 6620 WAYZATA
BOULEVARD - CLASS 11 RESTAURANT IN AN INDUSTRIAL ZONING DISTRICT -
TACO BELL
� The proponent, Taco Bell , requests a Conditional Use Permit for operation of a
Class II fast food restaurant at 6620 Wayzata Boulevard in an Industrial Zoning
District. The subject site is the location of an already existing Class II
restaurant, Arthur Treacher's Fish and Chips Restaurant. Taco Be11 proposes to
make use of the existing building with the addition of a 77 square foot walk-in
cooler to the rear and with modifications to the exterior facade and interior
design.
The site as it exists provides adequate landscaped setback areas, and preliminary
construction limit lines for the I-394 project indicate no potential encroachment
onto the site. The I-394 project will not alter the service road in front of the
proposed Taco Bell location. Landscaped front yard, including a front patio area,
is approximately 40 feet, which exceeds the 35 foot requirement. Side setbacks to
parking are the required 10 feet, and the rear setback to parking ranges from 12
to 16 feet, which is over the 10 foot requirement.
� Parking existing on site and as proposed is deficient for Class ll restaurant use
of the existing building. The requirement is one parking space for every three
seats or one for every 35 square feet of gross floor area, whichever is greater.
Gross floor area of the proposed restaurant with the cooler addition is 1400
square feet which requires 40 parking spaces. Parking provided is 25 spaces, which
amounts to onty 62.5 percent of the parking requirement. �
The Board of Zoning Appeals (BZA) on October 11 , 1983 granted a variance of 15 off
the required 40 parking spaces to allow use of the building as a Class II
restaurant with the 25 parking spaces provided. According to the Director of Zoning
and Inspections, the BZA granted the waiver based on comparison with the original
approval given for the existing Class II restaurant operation. The Planning Com-
mission and City Council in 1970 granted approval of the site plan for the existing
fast food restaurant as part of a plat approval . No Conditional Use Permit or
parking waiver was ever granted for the current operation. The proposed site plan
is essentially the same as the originally approved site plan for the fast food
restaurant currently in operation except for the minor cooler addition.
The subject Conditional Use Permit request, on the other hand, may be reviewed as
a separate application. A Conditional Use Permit is issued to a specific owner/
operator for a specific use at a specific location and is not transferable to a
new owner/operator. Therefore, any Conditional Use proposal from a potential new
user of the site is examined based on its own merits, not based on past use or
existing conditions. Staff suggests that neither an original approval which does
not adhere to Code requirements with respect to parking provisions nor the fact
� that the site is currently in use as a fast food operation should have an effect
on the Conditional Use Permit request. The original approval and existing situation
do not alter the fact that parking is grossly deficient for the proposed use.
Golden Valley Planning Commission -2- October 19, 1983
•
Section 20.03 G. of the Conditional Uses Section of the City Zoning Ordinance lists
ten items of consideration upon which the Planning Commission is to make findings
and recommendations to the City Council . The ten factors need not be given equal
weight. Examination of the proposed Conditional Use Permit for Taco Bell from
the standpoint of each of the ten factors follows:
1 . Demonstrated need for the proposed use.
Need for the proposed take out restaurant is questionable as there are other
traditional and fast food restaurant facilities available in the vicinity both in
Golden Valley and in adjacent St. Louis Park. On the other hand, it appears from
current patronage of the Arthur Treacher's Restaurant on the site and of the
adjacent Burger King that a demand for fast food exists at that location.
2. Consistency with the Comprehensive Plan of the City.
The subject property and surrounding properties are zoned Industrial , and the
Comprehensive Plan indicates long term Industrial use. The proposed use is included
as a Conditional Use in the lndustrial Zoning District Section of the Zoning Code
and is appropriate to long rang e Industrial land use.
3• Effect upon property values in the neighboring area.
The proposed fast food restaurant will not have an effect on surrounding property
. values. Adjacent land uses include a Burger King to the west and a car wash to
the east. The Cork 'n Cleaver Restaurant is located to the north of both the
subject site and the Burger King.
It is anticipated that the I-394 project will increase property values of the subject
site and adjacent properties. At that time, the Burger King/Arthur Treacher's/
car wash properties may become valuable enough to warrant upgrading.
4. Effect of any anticipated traffic generation upon the current traffic flow
and congestion in the area. ,
There is already traffic congestion in the area of the proposed Taco Bell Restaurant.
Congestion is the result both of overflow parking from the adjacent Burger King
Restaurant and of proximity of the service road to the Florida Avenue/Highway 12
intersection.
The adjacent Burger King Restaurant also is deficient in parking for Class II
restaurant use and received a parking waiver from the BZA. Cars and large trucks
park on the service road and Hampshire Avenue to patronize the Burger King. Congestion
in the Burger King parking lot is aggravated by a drive through line which blocks
parked cars.
•
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Golden Valley Planning Commission -2- October 19, 1983
.
The service road intersects Florida Avenue directly at the intersection with
Highway 12 providing no stacking space on Florida. This is a situation which can-
not be corrected without the taking of property to the northwest of the intersection.
Working within the existing situation, it is preferable to restrict uses on the
service road to those which generate low traffic volumes. Location on the service
road of fast food restaurants and a car wash, all of which promote high volume traffic,
is poor land use considering the traffic situation.
Although current overflow parking problems appear attributable to Burger King
rather than Arthur Treacher's, it cen be assumed that a fully successful fast food
restaurant on the subject site would likewise require all parking stipulated by
Ordinance and would generate iFlCreased traffic votumes, further compounding an
already existing traffic congestion problem. Taco Bell has mentioned verbally that
a drive through window is desirable to their business but has not been requested due
to lack of space without further reduction of already inadequate parking space.
Approval of a drive through such as that allowed for Burger King would have a further
detrimental effect on the traffic situation.
It is suggested by Engineering staff that a recommendation to the City Council
separate from that on the current Conditional Use Permit be made for posting of no
parking on the service road and Hampshire Avenue in the vicinity of the subject site
and adjacent Burger King. Parking along these streets not only creates a traffic
problem, but is also ruining the boulevards.
� 5. Effect of any increases in population and density upon surrounding land uses.
The proposed use would not result i-n any increases in population.
6. Increase in noise levels to be caused by the proposed use.
The proposed use would not cause any 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 objectionable 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 cause any increase in flies, rats or other animals or
vermin in the area.
9. Visual appearance of any proposed structure or use.
Taco Bell proposes to renovate the exterior of the existing building to conform
to the distinguishing Taco Bell chain building facade. The change in building -
exterior necessitates an appearance before the Building Board of Review (BBR)
• �
Golden Valley Planning Commission -4- October 19, 1983
�
prior to issuance of a building permit. The BBR will not only review plans for
the exterior materials and design, but will also require a landscape plan and
review landscaping for conformance with minimum standards. The characteristic
Taco Bell building design is not a community asset from an aesthetic point of view.
H a�ever, review of a landscaping plan may offer opportunity at least for some
landscaping improvement.
Site appearance of a fast food facility is further dependent on general site
maintenance and clean up. Some fast food chains are known more than others for
being generally clean and well kept. Any Conditional Use Permit issued for a
take out restaurant should be conditional upon strict site maintenance and litter
clean up.
10. Any other effect upon the general public health, safety, and welfare of the
City and its residents.
The proposed use would have no other specific effect on the public health, safety
or welfare of community residents. As a general statement on the proposed use in
relation to community welfare, the proposed fast food restaurant use is not the
highest and best use of the subject property and does not offer the greatest benefit
to the community.
Staff suggests that the Planning Commission recommend denial of the Conditional
� Use Permit requested by Taco Bell for operation of a Class 11 take out restaurant
at 6620 Wayzata Boulevard in the Industriat Zoning District based on lack of
demonstrated need, potential aggravation of existing traffic congestion, minimal
v.isual appeal and failure to achieve the highest and best use of the property. The
Arthur Treacher's Restaurant currentty in operation at the subject location may
continue. Any future closing of Arthur Treacher's would afford an opportunity
for possible consolidation and redevelopment of the subject site with one or both
of the adjoining Burger King and car wash uses to achieve better overall use of the
properties.
In the event it is determined that Taco Bell should be allowed to purchase the
- subject property and perpetuate Class II restaurant use of the site, any recommend-
ation for City Council approval of the requested Conditional Use Permit should be
subject to the following conditions:
1 . There shall be no expansion of inside seating capacity or addition of stand
up eating area beyond that shown on plans submitted with the Conditional Use
Permit Application inctuding Sheet EQI , prepared by Taco Bell and dated
September 9, 1983.
2. At no time in the present or future shall approval be granted for a drive up
window facility.
3. There shall be compliance w•ith all requirements and recommendations of the
City Buitding Inspector, Fire Marshal and Sanitarian.
. 4. Building exterior shall comply with City of Golden Valley Codes and guidelines
and shall meet the approval of the Building Board of Review (BBR) .
� Golden Valley Planning Commission -5- October 19, 1983
5. Site landscaping shall conform to the City of Golden Valley Landscape
Standards and shall meet the approval of the BBR. A landscape bond as specified
by the BBR shalt be provided prior to issuance of a building permit.
6. Al1 signage on site shall conform to the City of Golden Valley Sign Regutations
and shall meet the approval of the City Building Inspector.
7. The facility owner/operator shall maintain the site in a clean and litter free
manner and shall be responsible for the clean up of any litter in tfie immediate
vicinity resulting from the f�cility �or its customers.
8. Failure to comply with one or more of the conditions of approval shall be
grounds for revocation of the Conditional Use Permit.
a
Staff suggests that the Planning Commission make a separate recommendation to the
City Council for posting of no parking signs on Hampshire Avenue and the Highway 12
service road in the vicinity of the subject site and of the Burger King.
• AP:kjm
Attachments:
1 . Site Location Map
2. Site Plan
3. Exterior Elevations
4. Floor Plan
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HENNEPIN COUNTY, MINN.
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