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10-24-83 PC Minutes 26l MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION October 24, 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 Forster, Leppik, Polachek, Prazak, Singer, and Thompson. Commissioner Tubman was absent. Also present was Alda Peikert, Assistant Planner. I . Approval of Minutes - October 10, 1983 It was moved by Commissioner Singer, seconded by Commissioner Leppik and carried unanimously to approve the minutes of the October 10, 1983 Planning Commission rr�eting as recorded. II. 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 recognized Mr. Mike Madden, Regional Project Coordinator for Taco Bell , who was present to represent the proponent. Commissioner Leppik asked whether if the current Arthur Treacher's Restaurant should go out of business, the City would require that Burger King acquire the property for additional parking. Assistant Planner Alda Peikert stated that the City could not require that Burger King add parking because they were granted a parking waiver, but that Burger King is short of parking and that their parking problems could increase if the streets are posted for no parking. In that case, Burger King might wish to acquire additional parking to accommodate its customers. Commissioner Forster asked whether any traffic studies have been conducted on the Florida Avenue South and Highway 12 intersection. Ms. Peikert replied that she is not aware of any specific traffic studies but that the City Engineer confirmed that it is a problem intersection. Chairman Thompson called on Mr. Madden, who spoke on behalf of the proponent. Mr. Madden stated that the Arthur Treacher's Restaurant currently in operation on the subject site is a successful operation and that it is closing due to �6 2 planning Commission Meeting - October 24, 1983 -2- problems with the parent company rather than with that particular facility. Mr. Madden stated that Taco Bell is projecting approximately the same volume of business as that currently handled by Arthur Treacher's at the site. Mr. Madden added that the I-394 project will alleviate current traffic problems at the intersection. Mr. Madden concluded with comments on aesthetic con- siderations, stating that site landscaping could be upgraded and that Taco Bell facilities are well maintained. Mr. Madden stated that walks are washed down every morning, weather permitting, and that the parking lots are swept. In response to a Commissioner question, Mr. Madden added that Taco Bell currently operates restaurants in New Hope, Brooklyn Center, Bloomington, St. Paul and Minneapolis. Chairman Thompson reviewed the ten items of consideration specified in the Conditional Uses Section of the Zoning Ordinance and covered in the staff report. Commissioner Polachek suggested that the first item for con- sideration, demonstrated need, is arbitrary and that it is not the role of government to determine need. Commissioner Polachek stated the opinion that it amounts to restraint of trade for a government body to determine need for a specific use at a given location. Commissioner Forster agreed that it is not the role of the Planning Commission to determine the saturation point for a type of business in a locality and that demand for the proposed take out restaurant is a judgment to be made by Taco Bell , not by the Planning Commission. Chairman Thompson concluded that a determination of need is a subjective statement and that demand for a service is a better criterion. Commissioner Singer observed that of the ten items of consideration, the pro- posed Class II restaurant is rated positively on six points, negatively on only one point and as having neither positive nor negative impact in the remaining three areas. Chairman Thompson opened the informal public hearing for public input. Ms. Mariel Grubar, 9145 Olympia Street, stated that she is a college student attending the hearing as an observer as part of her course work and that she is neither for nor against the proposed Taco Bell Restaurant. Chairman Thompson closed the informal public hearing. Commissioner Leppik stated that she sees no problem with a change from one fast food operation to another but that there are problems with parking and traffic. Commissioner Leppik stated that rather than perpetuating the situation she prefers to afford the opportunity for property owners in the area to improve the situation. Commissioner Leppik said that she would vote against the proposal for this reason. Commissioner Prazak observed that there is no evidence other than opinions that there are horrendous traffic problems in the area and stated that he sees no compelling reason to deny the Conditional Use Permit request. Commissioner Polachek stated that the proponent provided to the Board of Zoning Appeals (BZA) statistics which indicate that maximum parking required by the Taco Bell operation would be 22 spaces. ��3 Planning Commission Meeting - October 24, 1983 -3- Commissioner Forster stated that Burger King and Arthur Treacher's are currently struggling with a poor parking situation and that the only way they are managing is by parking on the street. If the streets are posted for no parking, there is potential for a greater problem. Commissioner Forster said that he could attest to the traffic problem at the intersection and that traf- fic backs up to Menards on the service road. Commissioner Prazak asked whether parking is allowed on both sides of the ser- vice road. Ms. Peikert replied that parking is taking place on both sides of the service road, including both cars and trucks, and that as a result the boulevards are torn up and muddy. Commissioner Singer suggested recommending approval of continued take out restaurant use for now through the I-394 construction period in the expec- tation that the fast food facility would serve construction crews and on the assumption that upgrading of use would take place following completion of the I-394 project. Commissioner Prazak suggested that it would be unfair to put the Arthur Treacher's/proposed Taco Bell facility out of business due to a need for addi- tional parking on the part of Burger King. Commissioner Leppik pointed out that the City is not putting Arthur Treacher's out of business, but that they are going out of business themselves. Commissioner Prazak observed that if they go out of business with no approval for reuse of the building, then it would amount to providing the abandoned Arthur Treacher's parking lot for Burger King use. Commissioner Forster asked whether Taco Bell proposes to buy or lease the Arthur Treacher's building, and Mr. Madden confirmed that Taco Bell has a purchase agreement to buy the property. Commissioner Forster asked whether the posting of no parking on the service road would create a problem for Taco Bell . Commissioner Forster stated it was his impression that the proposed Taco Bell operation would be expected to do a much better business than the current Arthur Treacher's and asked why Mr. Madden stated that the current Arthur Treacher's is successful . Mr. Madden replied that he assumed that the Arthur Treacher's is making money and is successful because it is still in operation as opposed to other Arthur Treacher's Restaurants which have been boarded up. Mr. Madden said that Taco Bell would be content with 22 parking spaces and that a parking ban on the ser- vice road would not be a problem for Taco Bell . Chairman Thompson stated that he is terribly disturbed over traffic and parking conditions and is not happy with the reduction of parking well below the Ordinance requirement. Chairman Thompson observed that conditions in the area have changed considerably since approval of the Arthur Treacher's opera- tion 13 years ago. Commissioner Prazak objected to restriction of Taco Bell due to problems asso- ciated primarily with Burger King. Chairman Thompson stated that his concern ?�� Planning Commission Meeting - October 24, 1983 -4- is traffic congestion throughout the entire area involving Menards and asso- ciated businesses, not merely Burger King. Commissioner Leppik moved that the Planning Commission recomnend City Council denial of the request received from Taco Bell for a Conditional Use Permit for a Class II restaurant at 6620 Wayzata Boulevard in an Industrial Zoning District because of perpetuation of parking and traffic problems through the area. Commissioner Forster seconded the motion due to concern over parking and traf- fic congestion problems which could only get worse as a result of putting a potentially high traffie use in the area. Commissioner Polachek said that he would vote against the motion due to the fact that one unit does not add or deduct rr�asurably from the total problem. Commissioner Leppik stated that given the opportunity to prevent an existing problem form getting worse, the Planning Commission is obligated to take that opportunity and that changes rr�st be made one step at a time as properties become available. A roll call vote on the motion was taken, and the motion failed by a vote of three to three. Commissioners Forster, Leppik and Thompson voted for the motion, and Commissioners Polachek, Prazak and Singer voted against the rrb tion. It was moved by Commissioner Prazak and seconded by Commissioner Singer to recommend City Council approval of the request received from Taco Bell for a Conditional Use Permit for a Class II restaurant at 6620 Wayzata Boulevard in an Industrial Zoning District subject to the following conditions: 1. There shall be no expansion of inside seating capacity or addition of a stand up eating area beyond that shown on plans submitted with the Conditional Use Permit Application including Sheet EQ1, 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 with all requirements and recommendations of the City Building 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) . 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 shall be provided prior to issuance of a building permit. 6. All signage on site shall conform to the City of Golden Valley Sign Regulations and shall meet the approval of the City Building Inspector. 2F5� Planning Commission Meeting - October 24, 1983 -5- 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 the immediate vicinity resulting from the facility 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 roll call vote on the motion was taken, and the motion failed by a vote of three to three. Commissioners Polachek, Prazak and Singer voted for the motion, and Commissioners Forster, Leppik and Thompson voted against the motion. Chairman Thompson directed that the minutes reflect that the Planning Commission would have no reco�mnendation to forward to the City Council on the Taco Bell Conditional Use Permit application and that the Planning Commission representative to the City Council would explain the two points of view repre- sented on the Planning Commission. It was moved by Commissioner Leppik and seconded by Commissioner Forster to make a separate recommendation to the City Council for posting of no parking on Hampshire Avenue and the Highway 12 serviee road in the vicinity of the Burger King and Arthur Treacher's Restaurants no matter what the Council deci- sion on the Taco Bell Conditional Use Permit request. Commissioner Singer asked whether the City Council would be likely to order a study of the intersection in response to the Planning Commission recommen- dation, and Chairman Thompson confirmed that such a study would be appropriate. A vote was taken, and the motion carried unanimously. Commissioner Leppik asked when the Arthur Treacher's Restaurant is expected to go out of business. Mr. Madden replied that the Arthur Treacher's would remain as long as it is making money, but that Taco Bell has a purchase agreement to buy the property if the Conditional Use Permit is approved. Mr. Madden added that Taco Bell has purchase agreements for three other Arthur Treacher's Restaurants in the area and that if Taco Bell concludes those purchases, the Arthur Treacher's in Golden Valley probably will not be able to stay opened because Arthur Treacher's could not afford to supply just one operation in the area. III. Report on City Council Meeting - October 18, 1983 Commissioner Prazak provided the Planning Commission with a report on the October 18, 1983 City Council meeting. IV. Report on HRA Meeting - October 11, 1983 Chairman Thompson provided the Planning Commission with a report on the October 11, 1983 meeting of the Housing and Redevelopment Authority (HRA). ��� Planning Commission Meeting - October 24, 1983 -6- V. Report on BZA Meeting - October 11, 1983 Commissioner Polachek provided the Planning Commission with a report on the October 11, 1983 meeting of the Board of Zoning Appeals (BZA). The meeting was adjourned at 8:15 P.M. Respectfully submitted, avi ompson, airman argaret eppi , ecretary