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04-08-85 PC Minutes~,~2, MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION April 8, 1985 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 Prazak called the meeting to order at 7:00 P.M. Those present were Commissioners Kapsner, Leppik, Lewis, McAleese, McCracken-Hunt, Prazak and Russell. Also present were Mark Grimes, Director of Planning and Development; Alda Peikert, City Planner; and Gloria Anderson, Planning Secretary. Chairman Prazak introduced Jean Lewis who was appointed by the City Council as the new Planning Commissioner. I. APPROVAL OF MINUTES - MARCH 25, 1985 It was moved by Commissioner Leppik, seconded by Commissioner McCracken-Hunt and carried .unanimously to approve the minutes of the March 25, 1985 Planning Commission meeting as amended. II. SET DATE FOR INFORMAL PUBLIC HEARING - PUD #48 APPLICANT: Meridian Construction Company, Inc. LOCATION: 9025-35 23rd Avenue North REQUEST: Approval of Preliminary Design Plan PUD #48 to Allow a Duplex with Zero Lot Line Division Chairman Prazak introduced this agenda item and noted the April 22, 1985 informal public hearing. date recommended by staff. It was moved by Commissioner Russell, seconded by Commissioner Leppik and carried unanimously to set an informal public hearing date of April 22, 1985 to consider PUD #48 located at 9025-35 23rd Avenue North. III. INFORMAL PUBLIC HEARING - REZONING APPLICANT: Robert L. Johnson LOCATION: 6300 Olson Memorial Highway REQUEST: Approval of Rezoning from I-4 Institutional to the Industrial Zoning District Chairman Prazak introduced this agenda item and asked staff to review the proposal. City Planner Alda Peikert reviewed the request for rezoning explaining that the rezoning would correct an apparent oversight at the time the property was rezoned by Pako in 1958. Mr. Gary Persian, attorney, was present to represent the proponent. He stated that staff had covered their request and had no further comments. 1 Planning Commission Minutes April 8, 1985 Page 2 Chairman Prazak opened the public hearing. hearing was closed. Seeing and hearing no one, the It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Leppik and carried unanimously to recommend City Council approval of the request by Robert L. Johnson to rezone a portion of the property at 6300 Olson Memorial Highway from the I-4 Institutional Zoning District to the Industrial Zoning District. IV. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: St. Margaret Mary Catholic School LOCATION.: 2225 Zenith Avenue North REQUEST: Approval of a Conditional Use Permit to .Operate a Day Care Center. 1 Chairman Prazak introduced this agenda item and asked staff to review this request. Director Grimes reviewed the request and gave the staff recommenda- tion. Commissioner McAleese stated he was a member of this parish and would refrain from discussion and voting on this item due to a possible conflict of interest. Commissioner Kapsner asked how close the day care would be to a private residence.. Director Grimes said it would be approximately 400 feet from any of the homes. Joe and Mary Whelan were present on behalf of themselves and St. Margaret Mary Church. Mr. Whelan thanked the staff for their presentation. They were asked by Chairman Prazak if they had applied to the State for a license to operate a day care center. Mr. Whelan explained that they first had to get approval from the City of Golden Valley. .They would request a license to care for up to 70 children of which about 40 would be preschool age children and the rest would be "latchkey" children. The Whelans said they would have eight to ten employees and hope to have senior citizen volunteers to help out. They stated. that there would be no food prepared on the premises, that it would be prepared in the church kitchen or catered. Commissioner Leppik asked if the day care center would be open to the public or only members of the church. The Whelans said it would be open to the general public. Chairman Prazak asked Mary Whelan if she had any experience in running a day care center. Mrs. Whelan said. she is currently employed by District 281 Adventure Club and has had other day care experience. Chairman Prazak opened the public hearing for public input. 123 X24 Planning Commission Minutes April 8, 1985 Page 3 Mr. Bob Papousek, 1929 Glenwood Parkway, had concerns regarding the traffic problems a day care center would cause. The Whelans explained that it should not create a traffic problem as some of the parents already drop older children at the school and would probably drop the younger children at the day care center and also that in many cases one car would probably be dropping off more than one child. Chairman Prazak closed the public hearing. Commissioner Kapsner felt it would create some additional traffic but that it would probably be only 20 to 25 additional cars and that he would support the proposal. Commissioners Russell and Leppik both felt there was a need for day care and "latchkey" programs and that the positive aspects outweighed the negative aspects of additional traffic. It was moved by Commissioner Kapsner, seconded by Commissioner McCracken-Hunt and carried unanimously to recommend that the City Council approve a Conditional Use Permit to operate a day care center in the convent building at 2225 Zenith Avenue North subject to the following conditions: 1. The building meet all applicable standards and codes required by the City, State and County. This includes, but is not limited to, the Uniform Building Code, Uniform Fire Code, Plumbing Code and Handicap Access Requirements. 2. The State of Minnesota has issued a license for the operation of the day care facility for 70 children. V. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: William 0. Friede dba Midway Rent-A11 LOCATION: 9010 Olson Memorial Highway REQUEST: Approval of a Conditional Use Permit to Allow Outdoor Sales and Storage Chairman Prazak introduced this agenda item and asked staff for their review of the Conditional Use Permit request.. Director Grimes gave a review of the request and the staff recommendations. The Planning Commissioners had a number of questions regarding parking, snow removal, repair of equipment, etc.. Mr. William 0. Friede of Midway Rent-All, the proponent, was present to answer questions. He explained that there would be space for seven cars plus the fact that some customers, when renting a truck, would park their vehicles in the truck spot in the storage area. Mr. Friede also explained the entrance and 125 Planning Commission Minutes April 8, 1985 Page 4 exit. plan which should alleviate any traffic backup. Mr. Friede informed the Commissioners that they had they own snow removal equipment and that if there was a large amount of snowfall, it would be hauled from the site. He also stated that they would only do small repair jobs at the site and that most of the repairs would be done at their St. Paul location. Questions were raised regarding the storage of fuels on the premises and Director Grimes stated that if the building were sprinklered, up to 50 gallons could be stored there.. He also stated it was recommended by the City Fire Marshal that the building be sprinklered. Chairman Prazak opened the meeting for public input. Mr. Ralph Lange, owner of Hannon Security at 9100 Olson Memorial Highway, expressed his concerns regarding the parking problem, snow remova 1, and. asked what Midway Rent-All's hours of operation would be. He also stated that the trucks parked in the storage area and the fencing would block out their signage along Olson Memorial Highway, Mr. Friede said they plan on being open from 8:00 A.M. to 6:00 P.M. for a year or so and then extend their hours, and that they would be open seven. days a week. He felt that with the .trucks parked at an angle along the east side, there would not be a visibility problem for Hannon Security's signage. Mr. Friede stated that there should not be more than five cars parked there at any given time. He further stated that the property will be landscaped and resurfaced and that the property's appearance and the parking will be improved over what it is now. Chairman Prazak closed the public hearing. Commissioner Leppik feels that the Midway Rent-All business would be an improvement in terms of traffic and parking and that the landscaping will help to improve the appearance of the area. Chairman Prazak asked. questions of the staff regarding the fence. Director Grimes said that the matter of the fence would have to be addressed by the Board of Zoning Appeals (BZA). Commissioner Russell felt an effort should be made to include the neighbors in discussion of the parking and fence problems, and City Planner Alda Peikert informed the Commissioners that adjoining neighbors would be notified when Midway Rent-All went to the BZA. It was moved by Commissioner Russell, seconded by Commissioner McCracken-Hunt and carried unanimously to recommend City Council approval of the Conditional Use Permit for Midway Rent-All at 9010 Olson Highway based on findings in staff report dated April 3, 1985, subject to the following conditions: 1. The site plan dated March 31, 1985 shall become a part of this Conditional Use Permit. 1~6 Planning Commission Minutes April 8, 1985 Page 5 2. The site plan be submitted to the BZA to address the non-conforming aspects of the plan. 3. The amount of outside storage be limited to 15 trucks (pickups, vans and trucks up to 22 feet in length), 20 trailers, and other miscellaneous equipment. All equipment must be in the designated display. and storage areas shown on the plan in order to allow for circulation. 4. At least 15 parking spaces be designated on the site. 5. As shown on the site plan, .areas along Golden Valley Road and Highway 55 should be landscaped as per plan. The final landscape plan should be approved by the Director of Planning and Development. The landscaping shall be completed by October 1, 1985. 6. Any plan for lighting of the lot shall be reviewed and approved by the Director of Inspections. 7. The operation shall comply with all requirements and recommendations of the City Building Inspector and Fire. Marshal. Commissioner Russell left the meeting at this point. VI. INFORMAL PUBLIC HEARING - REZONING APPLICANT: Foxboro Corporation LOCATION: 1245, 1315, 1335 and 1411 North Lilac Drive REQUEST: Approval of Rezoning from Residential to Business and Professional Offices Zoning District Chairman Prazak requested an update of this rezoning request from the staff. Director Grimes gave a review of the request and stated that neighbors had been re-notified of the rezoning request. Chairman Prazak suggested that the proponent make their presentation at this time. Mr. Dennis Marhula of Westwood Engineering was present to represent the proponent, Foxboro Incorporated. Mr. Marhula gave his presentation of the drainage plan for this property whereby they had worked out the problems that had previously existed. He also explained the sight line of the property from nearby homes. Mr. Lynn Sloat of Sloat Logan Associates gave a presentation on the building concept. He stated that they had reduced the size of the building from 36,700 square feet to 32,500 square feet. Mr. Sloat stated that reducing the size of the building did not change it's appearance but it did reduce the. numbers of parking spaces which would indicate less cars. The number of parking spaces now required is 130 and they have provided 132 parking spaces. Planning Commission Minutes April 8, 1985 Page 6 Mr. R. C. Johnson, 1200 Welcome Avenue, showed pictures to the Planning Commissioners of the water that drains into his backyard at the present time. He is concerned with the drainage and traffic problems. Mr. Pavlos Electris, 1316 Welcome Avenue, is concerned with the drainage, traffic, exhaust fumes, and the fact that the .building will obstruct their view. Mr. Frank Tenczar, 1310 Welcome Avenue, also had concerns with drainage and snow removal. He asked the when construction would begin and how long it would take. The proponent explained that construction could start in 60 days and would take approximately five months to complete. Mrs. Fay, 1420 North Lilac Drive, felt something should be done with the property but that it should remain residential. She indicated that they do not need another commercial building in that area and that it would block her view. Mr. Scott Rayman, 1240 Welcome Avenue, had questions and concerns on drainage. Mr. Wally Klovstad, 1220 Welcome Avenue, still had concerns on drainage and wanted .good, effective screening for the property. Mr. George Seiter, 1408 North Lilac Drive, is opposed to the rezoning. Mr. Brian Napstad, owner of the house at 1201 North Lilac Drive, stated that the proposed rezoning and new building would be an improvement. He felt that not everyone was against the proposed rezoning and commercial building. A representative of the three sellers of this propert meeting and he stated that for two and one-half years to sell this property for residential use but that no building on this property because of the high traffic felt that the proposed building was attractive and an there at the present time. y, was present at the an effort had been made one was interested in count on Highway 100. He improvement over what is Mrs. Lloyd Johnson, 1125 North Lilac Drive, had concerns about the traffic in this area. Mr. Al Schuler, 1411 North Lilac Drive, is for the project as it is an improvement over what is there now. Mr. Lynn Sloat stated that he believed they tried to work with the residents to meet their needs and wants regarding drainage, berming, etc. and hoped the Planning Commission would see their way clear to recommend approval of the rezoning. 127 1 12~ Planning Commission Minutes April 8, 1985 Page 7 The Public Hearing was closed. Chairman Prazak stated he felt the proponents had been responsive to the drainage issues, that it appeared unlikely the property would be developed for residential use and was inclined to support the revised plans... Director Grimes explained that Foxboro has promised to guarantee the construc- tion of the 33,000 square foot office building as submitted to the Planning Commission. Mr. Jerry Lagro of Foxboro is working with an .attorney to develop deed restrictions or covenants that may be placed on the Foxboro property and the deed of adjoining properties stating that only the proposed office building would be built. Enforcement of the restrictions would be the responsibility of the adjoining property owners. These restrictions will be developed prior to submittal to the City Council. Commissioner Leppik felt she would support it as it seemed the. property could not be sold as it was presently zoned and that she would prefer to see a different zoning with a higher quality development on it and thought that is what the Foxboro proposal would be rather than leave it in a deteriorating condition. Commissioner McAleese stated that as a planner, he felt this was a good project but that a State law (State Statute 473.865 Subd. 2) seems to state that a local governmental unit cannot rezone in conflict with the Comprehensive Plan. Therefore, he said he would vote against the plan. Commissioner Kapsner stated that he agreed it was an important issue that the former owners had tried to sell it for residential use and that he would support the rezoning rather than have it remain as it presently is, as it was a good proposal. Commissioner McCracken-Hunt was in favor of the rezoning and felt it was an improvement of the site and that the proponent had worked with the neighborhood to everyone's best interest. It was moved by Commissioner Leppik, seconded by Kapsner and carried to recommend .City Council approval of the rezoning of the property at 1245, 1315, 1335 and 1411 North Lilac Drive from Residential to Business and Professional Offices Zoning District and that the Council take no final action until the private covenants have been made between the proponents and residents. Commissioner McAleese voted against the rezoning. VII. REPORT ON CITY COUNCIL MEETING - APRIL 2, 1985 Commissioner Kapsner attended the City Council meeting of April 2, 1985 and gave a report to the Commission. The meeting was adjourned at 9:45 P.M. Gary Prazak, Chairman Linda McCracken-Hunt, Secretary 1 1 1