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10-11-77 PC Minutes �'. .1}� C`�e` ...... ��.Hh.�. MINUTES OF THE GOLOEN VALLEY PLANNING COMMISSION October 11 , 1977 A regular meeting of the Golden Valley Planning Comnission was held at 9:30 P.M. on Tuesday, October 11 , 1977 at the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Chair Sehlin presided and the following members were present: Commissioners Edstrom, Forster, Herje, Hughes, Mindess, Polachek, Specktor and Wagman. Also present was Jon Westlake, staff inember. Members absent: None. 1 . APPROVAL OF MINUTES: MOVED by Forster, seconded by Polachek, carried unanimously, to approve the minutes of the September 26, 1977 Planning Comnission meeting as amended as foltows: Page 6 add to first paragraph: The Comnission asked that the Chair notify the Council by letter with respect to the above, including the City Engineer. Page 7: Name Don Manning change to Ron Manning. The Planning Commission met with the City Council , Housing � Comnunity Devetopment Commission between 7:30 P.M. and 9:30 P.M. to discuss what role each Commission would play in developing a housing policy for the City of Golden Valley. It was decided the Council will discuss the matter further and respond back to the Commissions. 2. WAIVER OF THE PLATTING ORDINANCE Applicant: 6eorge B. Vos Location: 1445 Kelly Drive-1500 Oregon Avenue Request: Divide Parcel into Two Lots Zoning: Residential The request is to divide off the Westerly 125' with a lot frontage of 100' for a total of 12,500 square feet. The remaining parcel would have a depth of 179' for a total square footage of 17,900. The Engineering Department is requesting a dedication of 5' off Kelly Drive, which has been dedicated in previous requests on Kelly Orive. If the 5' is dedicated the East parcel would have a lot depth of 174 feet. Mr. Vos was present and stated the reason for the proposed location of the rear lot line is to retain the trees and terracing on the East parcel where the house is located. It was moved by Herje seconded by Edstrom to recommend approval of the waiver of the platting ordinance as requested. It was moved by Mindess seconded by Forster to amend the original motion with the stipulation that the proponent dedicate a five foot easement for street right—of—way off Kelly Urive North. The motion carried unanimowsly. Vote then being taken on the original motion, carried unanimously. 3• PLANNED UNIT DEVELOPMENT—GENERAL PLAN INFORMAL HEARING P.U.D. #21 General Ptan Proponent: Minneapolis Elk' s Lodge Location: 6681 Country Club Drive Request� Allow a Commercial Restaurant to Operate in present Restaurant Area of Building. �'�� Planning Commission October 11 , 1977 page 2 The Etk' s Lodge has run into financial problems and they feel a solution would be to allow the restaurant and lounge area to be open to the public. This area, including the kitchen, covers almost all of the first floor area of the building. The proponent was informed that there were two pro cedures he could follow in order to ask that a Class I Restaurant be an allowed use: Either request a Cc�mmercial zoning of the property, or apply for a Planned Unit Development. In discussing a Commercial rezoning for the property it was pointed out that it would be difficult because of the current and future land use in the area. The proponent has chosen the P.U.D. , procedure, whi�h :is the first of thi's particular type in the community. The P.U.D. Ordinance does allow for this approach. Facts regarding the P.U.D. Application for general plans are: 1. Property is zoned Institutional (I-3) which allows the fotlowing in Section (1 ): Lodge Halls and Private Clubs. 2. Request use of the first ftoor area of the building as a Class I Restaurant, which is only allowed under the Zoning Code in an Industrial and Commercial Zone, or in Section 15.05 of Appendix I of the Ptanned Unit Development Ordinance which states in part that if a proponent has two or more principal uses or structures on a single parcel of land, they may apply for a P.U.D. The proponent is proposing a public restaurant area on the first f)oor and the Elk' s Club would be located in the lower levet of the building. A) Parking required for Class I Restaurant is 1 space per 2.5 seats. B) Present on—site parking is 196 (West lot) and 20 (East lot). C) Seating area of restaurant-250, bar-45, and bull pen-20 for a total of 315. The Ordinance requires 126 parking spaces. 3• The Comprehensive Plan indicates a Business and Professional use of the land. Planning Considerations for the general plan are as foltowsz The structure, parking, and landscaping area is completed. The Elk' s Lodge has always had a restaurant with some �ntertainment. The concern is the esca— lation of the restaurant—entertainment into a self supporting business which may change the quiet character of the area. The question is: by the P.U.O. Ordinance, can this character be maintained? If it is felt it can, by the discussion with the proponent, which should include a review of the operation, hours of operation and traffic generated by the proposal , then the following conditions should be part of the Use Permit because of the Residential area to the West, current land use, and future land use. 1 . All outdoor illumination should not be increased from the present level , and if it is changed within the present level , it should be done in such a manner which will concentrate the light upon the premises so as to prevent glare or direct rays of light therefrom from being visible upon adjacent property or streets. 2. No flashing or blinking lights. 3• Noise. There shall be no loud speakers utilized nor other noise generated that may create a nuisance on adjacent or nearby property. 4. The landscaped area shall be maintained on all areas of the site not devoted to the buitding or parking areas. The present landscaping on the site will not be reduced in size. �,�-�("� . Planning Commission October 11 , 1977 page 3 5• Maintenance. It shall be the responsibility of the operator and owner to maintain in a neat and adepqate manner the parking area, accessways, drive areas, and landscaping area. 6. In the event of the change of management, the Elk' s Lodge shall inform the new individual (s} of the requirements of the Use Permit. 7. The restaurant operation is not to expand within the building and it is ' to be confined within the structure. 8. If entertainment is provided, it shall be on the level as described in the Elk' s brochure, which would be attached as an exhibit to the Use Permit. 9. Signs on the site shall not be increased from the present signage on the site, except for directional traffic signs. 10. Requirements of the City Sanitarian regarding the restaurant to be open to the general public. 11 . The Elk' s Lodge use of the lower tevel shall r�►t change from its present usage. 12. Recommendations by other Boards and Comnissions. Messrs. W. J. Ringsrud, Trustee of the Mpls. Elk' s Lodge No. 44 and Mark Laughlin, manager of the proposed restaurant operation, were present. Mr. Ringsrud reviewed with the Planning Commission the reason for the request is financ�al . It is felt the only way to come out of this is to altow the present Restaurant area of the building to be open to the public. If the proposal is approved the following is planned; a parking lot attendant for better control of the parking lot. Besides being open during the week with nightiy entertainment, we are planning a Sunday Brunch between 11 :00 A.M. — 4:00 P.M. Regarding traffic generated by the proposal , for example, we plan to handle two hundred to three hundred people on Sunday. Using a guide of three persons per vehicle during peak times, which is 120 minutes or 83 trips (163 trips in and out) resulting in 1 .3 cars per mincate. The Elk' s use of the facility is two scheduled club meetings per month with other group activities, such as a card elub. Membership in Elk' s Chapter 4� is presentty between 1 ,050 to 1 ,i00 members. When we moved out to Golden Valley from Minneapolis we were anticipating a membership of approximately 3,000. The proposal is that Mr. Martin would manage the restaurant for 5 years with another 5 year option. We have also met with the neighbors to inform them of the proposal . Vice Chair Wagman entered the meeting from the Board of Zoning Appeals meeting. The residents expressed their views as foltows: Mr. & Mrs. Swildens, 7140 Glenwood Ave. , a commerciat atmosphere is encroaching on the area, Schullers on the west, the Elk' s proposal on the east. Hardship is not a sound reason for rezoning. There witl be more traffic and noise, and there are other alternatives for the use of the building. Mr. Benson, 530 Jersey Ave. , is concerned about traffic, noise and comrnerciat use of the property. Mr. & Mrs. Jackson, 7001 Country Club Drive, concern is the commercial pubtic facility, whether it is a P.U.D. or comnercially zoned. There is no barrier between our property and Eik's property now, also concerned about noise. Mrs. Weisberg, 6800 Kingston Circle, if the request is approved it really witl be eommercial property. Mr. Rousseau, 6809 Country Club �rive, feels it witl eventually cater to younger peopte. Mr. Marx, SSO Varner Circle, concerned about commercial zoning, restaurant use will have more traffic which will filter into residential area because people are not familiar with the restaurant. In the future the operation will cater to younger people. Mr. Hampel , 7240 Glenwood Ave. , lived in the area prior to Schullers, which is not a correct land use and if this proposal is approved it will be another mistake. The use will add to the problem in the area. r��� Planning Commission October 11 , 1977 page 4 The Planning Commission in discussing the request referred to the P.U.D. Ordinanee regarding the eligibility of the proposed use through a P.U.D. The proponent was questioned if they had investigated all the alternates from selling the property to uses presently allowed in the I-3 Zoning district. Mr. Ringsrud indicated they they have. He further pointed out that because of what the monthly payments are, and the membership level , something has to be done. The Commission asked if information were supplied to the Council in reference to financing. The Planning Commission discussed what land use would be fitting if the property were an open parcel . The Commission also discussed the operation of the Restaurant noting the Manager has two other discotheques in the Metro area. The Planning Commission agreed that the Elk' s Club has a real problem but the question is, is a financial problem a land use problem? Some Commission members felt although a P.U.O. can be restrictive through the use permit, the use of the property still would be commercial , which adjacent to residential to the West would not be proper land use, however it was pointed out that the present use of the property has restaurant entertainment. It was moved by Edstrom and seconded by Hughes to recommend denial for general plan approved : for P.U.D. #21 , noting it is not an appropriate land use, and that the Corr�rehensive Plan indicates a Business and Professional Office use for the property. The motion carried with Commissioner Herje voting nay. 4. GENERAL (A�) Discussion of Request from September 26, 1977 Planning Comnission meeting for Rezoning and Waiver of the Plattiag Ordinance for Wendy' s Restaurant, 1161 Turners Crossroad Wendy' s Restaurant requested three different items at the September 26, 1977 Planning Commission meeting which were Special Use, Rezoning and Waiver of the Platting Ordinance for 1161 Turners Crossroad. The Commission recommended denial of the Special Use Permit at the �eptember 26th Planning C,ommission Meeting, however, the other two items should have been reviewed. It was moved by Herje seconded by Mindess, carried unanimously to tabie the items until the petitioner has been notified, after which the Planning Commission will consider the two remaining items. (B) Set Informal Hearing Date for Street Name Change — Culver Road to Gearty Road The P]anning Commission was informed that the Golden Valley Historical Society has recommended that Calver Road be changed to Gearty Road. The City Council has asked that the Planning Commission hold an Informal Hearing on the street name change prior to the Council considering the request. The Planning Commission set November 28, 1977 to hold the Informal Hearing for the street name change. (C) Planning Commission Work Sessions Because of the meeting held before the scheduled meeting this evening with the . `'7�rf`� . Planning Commission October 11 , 1977 page 5 City Council and Housing & Community Development Commission, the Planning Commission will not schedule work sessions at this time. (D) Board of Zoning Appeals — Platting Vice Chair Bob Wagman informed the Commission of a question the BZA had on Oouble Bungalow lots in preliminary plats, and that the B.Z.A. was informed of what the Planning Corimission' s approach is for residential plat review. There being no further business to come before the meeting, it was on motion, duly seconded, adjourned at 11 :45 P.M. Jody Sehlin, Chair G. William Forster, Secretary No Planning Corrnnission Meeting October 25, 1977•