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03-26-73 PC Minutes ��� NIINUTES OF THE CO�DEbi V�I,LEY PLANNING t7DI�IISSION March 26, 1973 A regular meeting af the rolden VaZley Plannin� Commission was held at 7:30 P.M. on Monday,' March 2b, 1973 at the Civic Center, ?80Q Golden Valley Road, Golden Valley, Minnesota. Ch3a.rrnan Warren Lundsgaard �resi.ded and the following members were present: Commissioners Anderson, Becker, Christiansen, Edstrom, Herj�, Hughes, Leonard,, and 8ampson. Also present was Consultant Carl �ale and Recording Secretary Jon Westlake. Members absent: None. 1. APPFtC3VAL OF MINUTES: MOVED by Edstrom, seconded by ChristiansenJ caxried unanimously, to approve the minutes of the February 26, 1973 meeting as amended. 2. WATVER OF THE PLATTING ORDTPtANCE (a) fihe �errick Company {Commercial and Open Development) 923s-9315 Medicine Lake Road The req�est is to divide two lots into three lots. Each of the t�ro lots adjacent ta Medica.ne Lake Road will be approximately two acres in size. The third lot� located on the south end of the property, wil� be approxi.mately fiee aeres in size. Mr. Roger �errick was present to answer questions about the division of property. The Planning Comma.ssion noted that, because of the new road through the property, a fra�ment of the west parcel on the east side of the road would be sliminated if the lot division were approved. Also, the proposed division line meets the approximate division between Medium Density and Commercial as indicated on the Camprehensive Plan. it was moved by Sampson, seconded by Herje, carried unanimously, to recommend approval of the waiver of the Platting Ordinance, subject to the property being platted at the time the property is developed. (b) James D. Williams (Residential) 6900-b922 Winsdale Street This particular request is to divide twn merged lots into four fifty-foot Iots, as originally platted and described as Lots 133, 131t, 13�, and 135 Belmont. Presently there are homes on L�ts 133 and �.35 Belmont, and Lots 13t� and �.36 are vacant. Mr. Williams of Valley Investments was present to answer questions. He stated he has purchased the property ancl would Iike to bui�.d two additional homes an the two vacant parcels. The Planning Coznmission in discussing the request considered the size of other lots in this vicinity. It was moved by Christianse, secanded by Sampson, to deny the request for waiver of the Platting Ordinance. Upon vote being taken by ro11 caZl, the fallowing voted in favor o.f the motion: Anderson, Christiansen, �mpson, and Leonard. The following vated agai.nst the same: Becker, Fdstrom, Herje, and �,��3 Plannin commission March 2�, 1973 page 2 Hughes. The Chairman then voted in favor of the motion to break the tie. After further diseussir�n Commissioner Anderson moved to reconsid�r the motion, seconded by Fierje. The mo�ion carried with ? yea and 1 nay. It was then moved by Anderson, seconded by Herje, to defer action on this request until the abutting property owners are notifiefl of thi.s request whieh will be considered at the ne�ct regular3y scheduled meeting. The motion carried with one nay. (c) L. R. Deveiopment Company (Industrial) $8l�� Tenth Avenue North This request is to divide 191� feet of frontage off a parcel of land containing 880 feet of frontage on Tenth Avenue North. McLaughl.in, Gormley, King Company plan to purchase the 191� foot lot as a separate parcel which is contiguous to their present parcel to the east. Mr. Glen Shaw of L. R. �evelopment Company was present for the req�est. it was moved by Christiansen, seconded by Edstrom, carried unanirr�usly, to recormnend approval of the request for a waiver of the Platting Ordinance, 3. REF�tRAL OF PARKING LAYOUT F'ROM VILLAGE COUNCII, Burger King Corporation 6660 Wayza�a Boulevard In considering the Special Use Permit for Burger King Corporatian the Village Council at their March 19, 1973 meet�.ng referred the site plan back to the Planning Commission for further evaluation of the number of parking spaces in relation to the operation. The Planning Commission in discussing the request noted the present ordinance requires 38 parking spaces for this type of use, , while the praposed ordinanee �uld require 5!� parking spaces for this type of use. The site plan for this operation has 53 parking spaces. Present ta answer questions about the Burger King operation were Messrs. Hanson and Mi11er. Mr. Miller informed the Planning Commission that their highest volume restaurant in this area is in Bloomi.ngton which has a total of !�6 parkin� spaces. Another operat3.on located at 26th and Hennepin also has the same amount of outside parking. They have had no parking problems with these operations. He pointed out how their operation is differen� than a McDonald's Restaurant operation. The Burger King Corporation recommended !t5 to 50 parking spaces. (Mc�nald�s Restaurant in Golden Valley has !�6 spaces indicated on their June 1972 remodeli.n� plans.) The Planning Commi.ssion in discussing the parking referred to the proposed Zoning Code requirements for parking which according to the consultant was arrivec3 at through a review of current standard and up to date zoning cades in the Metropolitan area. The Commission further noted even though the same product is sold, it is a different operation than McD�nald�s Restaurants. it was moved by Anderson, secanded by Leonard, carried unanimously, that the Planning Commission after review of the site plan and operation feels the parking is adequate, but in the event it is not, the follawing condition should �.�� Planning Commission March 2ci, 1973 Page 3 be added to the us� permit: Parking shall be subject to revie�w� by the Viliage of Golden Valley if it becomes evident th�re is not enaugh parking. The Permi.t then would be reviewed to see what changes would be required in the site plan for parking. It was further pointed out by the Planning Commission that the proposed Burger King will have more parking than other Burger King restaurants in the Metro area - including the h�.ghest volume restaurant which is located in Bloomington. The parking exceeds the present Qrdinance and meets the proposed parking prov3.sions. !t. PRELTMINARY PLAT Applicant-Glenwood Hilis Hospital (I7ivision of Health Central., Inc.) Name of Plat-Glenwood Hills Addition Location-?�225 Galden Valley Road Mr. Westlake informecl the Commission that because of the previous history on this parcel, the staff is involved in further research of the proposed plat. I� was moved by Christiansen, seconded by Edstrom, carried to defer action on this request for a preliminary plat. 5. REF�.RAL FROM VILLA�E nOUNCIL (Appeal from Board of Zoning Appeals} Candor Carporation - requesting waiver on parking an,d green area North of 7th Avenue, West of Boone Avenue, and East of �9ecatur Avenue (praposed shopping center) The Chairman of the Planning Commission reviewed a letter from the Village Manager to the Planning Commission as directed by the Village Council to review a proposal for a shopping center by Condor Corporation. Condor Carporation has asked for waivers on parking and green area which was denied by the Baard of Zoning Appea3.s and appealed to the Villa�e Council. The Commission then reviewed the following Flanru.ng Cansiderations: 1. The proposal is to develop a shapping center with a retail. floor area of approximately 32,�0� sq. ft. to be located on a site of 16l�,0�2 sq. ft. (appro�..mately 3.7 acres) located at the northwest corner af Boone Ave. North and 7th Avenue North. The site is currently zoned Commercial and is indicated as Industrial in the Comprehensive Municipal Plan. 2. It must be noted that the "new" industrial zoning classification is a mutually exclusive or f�pure" industrial zone which will not permit uses of a '�retail" nature since a separate zone for pure retail has been provic�ed under terms of the proposed zoning regulations. This has been proposed to eliminate what is considered now to be a deficiene� in the current zoning regulations which allows far a rather indiscriminate mixture of commercial and industrial uses contrary to sound principles of planning and zoning. 1�5 Planning Commission March 26, 1973 page 4 3. The propos�3 use has been referred to the Planni.ng Commi.ssion at this time by the Village Council following an earlier recommendation by the Board of Zoning Appeals to deny a request for waiver of certain parking requirements and tca a11ow parking within the required landscaped area. It is true, h�wever, that the proposed number of parking spaces is comparable ta that which would be required under terms of the proposed zaning ordinance (current requir�ments are for one space per 7� sq. ft. vf floor area with the recommended change being 1/150). !t. The Village Land Use Plan has been designed to outline purely commercial. and purely ir�ciustrial areas; it is proposed to limit commercial development to that area sauth of 7th Avenue North in tha.s vicinity and to proce� with industrial development to the narth. Similar designations have been made in other parts of the Village to better delineate and distinguish between commercial and industrial districts. 5. It is questionable if a shopping center in this location would be of value due to its relative isolation from residential concentrations. Existing centers and properly designated commercial zoning district should be quite ample to provide needed retail outlets for the community. 6. The traffic situation cauld be aggrevated by further and continual expan- sion of high turn-over commercial land uses in this general axea. ?. The granting of a variance or �►waiver�� of zoning requ3.remen�s shou3.d normally be done only in cases where uniform application of the regul.ations is not reasonable due to same special or unique feature of the specific land site involved; waiver of landscaping requirements in this case w�ould seem un- related to any such special or unique feature of the land involved. 8. Approval of this request could �e����recedent for later erosion of the Land Use Plan and Zoning (stil exp ion and mixture of commercial land use types). The utilizatian of 7th Avenue as a breal�ing or dividing line seem� logieal and appropriate at this time. Tt was noted early in the prep- axation of the Village Land Use Plan that this general area already has a rather unc2esirable m:i.xture of land uses and it is strongly recommended that this situation not be extended and made even more undesirable. Messrs. James Riley and James Smuda from Condor Corporation were present to review the proposa3. A�r. Smuda stated the reasons they are requesting the waiv'er on parking and green area. The type of uses proposed for this building are such uses as electronics store, auto parts store, liquor, men and ladies apparel, etc. The Planning Commission in discussing the� praposal referred to the Comprehensive Plan which indieates an industrial use for thi.s area-which is how the property is developed immediately to the north. The Commissian further considered uses in the vicinity that are presently c3eveloped. Parking and the problems the current shopping are�s have as they relate to parking was also discussed. It was moved by Anderson, seconded by Edstrom, carried unanimously, that the Planz�.ng Commission recommend to the Village Council that this praposed shopping center is not a recommended land use for the followi.ng reasons: ��V pl�nning Commission March 26, 1973 A&ge � 1. The developer has failed to demonstrate the special or unique features of _ . �he land that would justify the waivers requested. There is no evidence to indicate that regulations applying to other land so zoned should be modified in this instance. 2. The proposed use would not be in confarmity to the proposed Comprehensive Municipal P1an nor the proposed Zoning Ordinance. It is the recommendation of the Planning Commission that this site be utilized for industrial purposes as defined by terms of the proposed zoning regulations. It has been duly noted that the existing zoning regulations differ from those being proposed specifically, the proposed zoning regulations call for a reduction in Aarking requirements far retail uses; said reduction proposals, however, have not been completaly reviewed by the Planning Commission, required public hearings have not been held, and the Village Council has not taken official action on this matter. � 3. It is the desire of the Planning Commission not to set a precedent for further commercial expan�ion in this part of the Vil2age which already has an undesirable mixture of vaxious land use types. !t. The Planning Commission is of the opinion that a shopping center is not nesded .in this area and that adequate shopping facilities and areas have been provided far community serviee in the proposed Land Use Plan and Zoning Regulatian5. This opinion is based upon over two years of e�ctensive study by the members in conjunetion with necessary and required foundation �rk for preparation of a Comprehensive Municipal �evelopment Flan and effect- uating, offieial controls including a new zoning ordinance. 5. The proposed commercial use would kaave an adverse impact upon the general neighborhood in terms of traffic, land use� and environmental goals - contrary to the spirit, intent, and purpose of the Comprehensive Mun��ipa1 Plan. 6. The Planning Commission reserves the right to submit recommendations for changes in parking requirements to a later date when the Comprehensive Municipal PZan has been officially adopted and zoning studies and required public hearings have been completed to provide a satisfactory basis Por final recommendations. Until such time, great care should be taksn in the waiver/ variance process to avoid permitting a deveZopment that may or may not be in conformity to fina2 and off�.cial Village Plan and zoning amenciment actions by the Village Council. ?. The variation in parking if allowed would be determi.ned by the Board of Zoning Appeals. Also, specific comments on the green area would involve the Building Board of Review. The I''lanning Commission then discussed the specific question of parki.ng, no�ing that Car1 �ale and Jon Westlake are studying the parking rec}uirements an.d the Planning Commission has not completed their studies on parking. Therefore, no ne�r regul.ations have been adopted by the Planning Commission. It was moved by Edstrom, seconded by Sampson, carried unanirnously, that the Planning Commission recommend to the Village Council that they use the current Zoni.ng Ordinanee on parking for shopping centers until such time as the Planning Commission has reached a decision on parking. 6. ftEQUEST �OR RE20DJING {a) The Golden qalley V.F.W. Post Corporation 23t�0 Mendelssohn Avenue Nort�i (Open "�evelopment �cy Institu ional} 147 Pl.anni.ng Commission March 26, I973 page 6 The property for rezoning is located 860 feet north of the centerline of �uluth Street (which is the point of begi.nni.ng} a,nd thenee south 1l�0 feet. The depth of the lot is 395 feet east of the ssrvice drive of County Road 18. Mr. Carl i)al.e then reviewed the following Planning Considarations: 1. The praposal is for both zoning and subdivision ta accomodat� the proposed V.F.W, building. The site and much of the surrounding area is zoned open development although land to the north is zoned commsrcial. 2. The site and general vieinity is designated for medi.um density housing on the praposed Camprehensive Municipal Plan; the proposed zoning is res�.dential. 3. The proposal for a V.F.W. Club could be considered as an �'institutional" use and eertain institutions or T'semi-public�� uses such as a ehurch, lodge, fraternal organization, or similar use can under certain cireumstances, be compatible with a residential situatien and environment. In each case, however� the actual, �pecific use and potential impact upon the environment must be considered. For example, churches were once cansidered highly com- patible with a residential environment even to the extent of baing l.ocated we11 within residential neighborhoods; this is not the case toda,y. Ihie to the changing nature� scope, and functions of the ehurch today, planning criteria ca11s for church locations to be Iocated at the edge of residential neighborhoods and perhaps serve as a "buffer�� between housing and commercial or other rr�re intense uses. To further illustrate the importance of actual "use�� impact, a church parking lot can harclly be considere� as being more aesthetic than a parking lot for a sY�pping center or any nther use. !t. In this particular case� the propoged actual use would apparently be quite similar to a more standard type commercial liquor establishment such as a tavern, bar, or cocktail lounge; 3.n effect, it is a "commercial" use. Further, it is commercial type of such intensity as to a special use permit (conditional use) even in a commercial district under terms of the proposed new zoning ardinance. As such, the proposed use could not be considered as being appropriate to the planned residential nature of the nearby area. The proposed use, would in fact, eliminate the potential for a nearby resi- dentia3. environment. Some type of "buffer�' would be required between the proposed V.F.W. use and a residential environment. 5. In terms of land use, the proposed deve2opment could not be considered as being in eonformity to the Comprehensive Municipal 27eve1opment Plan. b. There are also questions concerning the proposed subdivision. Simply to carve out one pi�ce from a larger tract of land without showing some logical relationship to existing and potential future land use and sub- divisian for adjacent areas is not considered good platting praetice. ?. ATo attempt has been made to review site and building plan details since the basic issue here would seem to be one of proper land use and platting. Such a review will be made only if the Village considers approval of the proposed land use and subdivision. ��� Planning Commissian March 26, 1973 page 7 $. It is suggested that no development proposals be approved far the site in question until some type of plan has been submitted for the larger area involved and this has been reviewed in relation to the still larger area involved (area bounded hy County Road 18, Medicine Lake Ftoad, 7A�luth Street and Ensign Avenue}. The proper ��filling in" of remaining vacant land in the Village is essential to attaining the environmental �oals outlined in the proposed Comprehensive Municipal Flan. Mr. John DiehZ, �ttorney for the proponent, explained the reason they are re- questing a rezoning. The facility wi11 be used for a club and for social gatherings. The Veteran's organi.zation provides a number of public service f�zzr,ctions. At the present location they da not own the building and they would like to own and occ�py their own building to become a better part of the community (also, many members live i,n Golden Va11ey). He further stated the residents expressed opposition to multiple in this area about ane year ago, and the V.F.W. feels this light commercial use would be a better use. The present zoning shows commerci�l to the narth, and a graduation to institutional zoning would be a la.ghter use of the property. The Post Commander, officers, and some members of the Golden Valley V.F.W. Post were present to answer specific questions. The following residents were opposed to the proposal: Mrs. Kruth, 2016 Hil.lsborv N. is opposed to this lncation and agrees with the Planning �eport. She further stated she realizes they ne�d a new place. Mr. Tofte, 20�8 Mendelssohn, is opposed to traffic generated by this use. Nlr. Weller, 9200 Ear2 Street, is i.n favor of resid�ntial use for this area. Mr. Larson, 9036 Elgi.n Place, felt this is not a proper site location for this use. Mr. Welch, 900fl E�.gin Plac�, was opposed to the proposal. The Planning Comma.ssion in discussing the proposal pointed out the Comprehensive Plan indicates that this area should be Medium �ensity housing. The proposed use would not fit or blend into what the Comprehensive Plan indicates for this pareel af ground. The Planning Commission also reviewed the types of uses that are generally a part oF the operation of the V.F.W. It was moved by Herje, seconded by Becker, carried urianimously, to recommend denial of the rezoning request for the following reasons: 1. The proposal is not in eonformity ta the proposed Comprehensive Municipal Plan which has designated the area for residential development. 2. The progosed zoning regulations indicate that the land should be zoned for residential development. 3. The proposal would be ��spot�' zoning and not a logical extension of a well- planned commercial distriet. �t. The praposal bears no logical orreasonable relationship to existing devel- opment nor potential future land use or subdivisions. 5• The proposal does not indicate how it might be compatible with future, adjacent development and/or platting. 6. The use is of a type which can present special environmental problems similar to that of a liquor estahlishtnent open to the general public. ��� Planning Commission March 26, 1973 page 8 7. The proposed use is not of an institutional nature tha� can be compatible with a residential environment. $. The proposed use would serve to discourage residential development of nearby land as recommended by this Planning Comma.ssion. 9. Any development propose�i in this general area should be shown to relate we17. to the planned development of the larger area involved. 10. �ue recognition has been given to the report of the Planni.ng Consultant� Village Departments, and to the neighbors present. (b) Waiqer of the Platting Ordinance The Golden Valley V.F.W. Post Corporation 23�� Mendelssohn Avenue North The request is to divide a tract of land ap,proximately 1ltOf x 395' from an approximate 20-acre parcel {same lot as described in 6 (a}. The Planning Commission in denying the request for rezoning feels that a waiver of the Fl.atting Qrdinance is also a part of this particular rezoning request but shotzl.d be cansidered separately because it is a division of land. Zt was therefore moved by Anderson, secanded by Hughes, carried unanimously� to recommend denial of the waiver of the Platting Ordinance. 7. 17ISCUSSION OF GOLDEDi VALLEY OFFICE PARK Ken Stensby of Northland Company and Fritz Rhpoh2 of Bergstedt� Wah2berg, Bergquist Assoc. Loeation-South of Highway 12, West of Acridge Addition� and approximately 300� East c�f Boone Avenue (see Planning Commission Minutes November 13, 1972) The Commission reviewed the Planning Commission minutes of November 13, 1972 including the Planning Considerations with respect to this request. Ken Stensb�r of Northland Company stated he is before the Planning Commission on an inform- ational basis anly to show the Commission how his firm has changed the plans since the November 13, 1972 meeting. He stated their proposal presently is to build one five story building and one eight story buildzng. He also reniewed a proposal showing how Boone Avenue connecting to a frontage road could extend through the property. The proposed square footage of both buildings wou�.d be 188,000 square feet. They could canstruct a building contazning 18�,000 square feet with a height limitation of forty fest on the property under the present Code. A long discussion followed with the Planning Commission, after wh:i..ch it was moved by Sampson, seconded by Anderson, carried unanimousZy, that the Planning Commission go on recard reaffirming the Planning Commis5ion's desire to have this area as a natural area and encaurage the Council to acquire this land. It was then moved by Sampson, seconded by Anderson, that if the acquisition program to purchasa thi.s land is unseccessful, the Planning Commission would go on record avo ng thg develo m nt, f a lanned unit de elopment concept for this parce�. ��ie motion carr�e� wi�h on� nay vote and �mmissioner Herje abstaining. ��� Planning Commission March 26, 1973 page 9 8. Gr,NERA.L (a) El.ection of O:�ficers The Chairman of the Planning Comrnission stated the nominating committee, con- sisting of Commi.ssioners Andersan, Christiansen, and 5ampson, will meet Th'��rsday, Mareh 29, 1973, and if anyone fzFom the Commission would like to speak to them about a nomination, con�act a member af the nominating commi�tee before that date. (b) Golden Va11ey Safety Council Commissioner Anderson spoke of two areas that have been discussed previously by the Planning Commission because of safety. The Planning Commission would like these areas reviewed by the Safety Council. The first area is placing stap signs at Rhode Island Avenue and Harold Avenue where the Val.lee �'Or planned unit development is located and a1:so a "no left turn from 7 - 9" sign on Winnetka Avenue at Haro3d Avenue should be considered. The second area, brought to the attention of the Planning Commission at the recent Public Hearing on the Comprehensive P3an, is that the Planning Commission was informed of several accidents at the intersection of Glenwood Avenue, Edgewood Avenue, and Western Avenue. (c) Environmental Task Force The �rvironinental Task Force is a committee the Village Council has pl.aced under the jurisdiction oP the Planning Commission, which will function much like the Trails Committee under ths Park and Recreation Commission. The Uillage Council has asked the Planni.ng Commission for suggested names of residents in each of the precinets that would be interested in serving on the committee. Commissianer Anderson stated one of the founders of the committee, Bettq Waldhauer, has a list of people who may be interested in serving on the committee. This list wi11 be mailed to the Commission members, and at the next meeting the Commission will discuss the list, including any added names. The Planning Commissian wi11 alsa consider appointing a representative ar�d an alternate to serve on this sub-�ommit�ee. There being no further business to come before the meeting, it was on motion, duly seconded, adjourned at 12:35 A.M. Chairman Warren Lundsgaar Recording 5ecretary Jon Wes-tlake