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06-10-85 PC MinutesMINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION June 10, 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, Prazak and Russell. Also present were Mark Grimes, Director of Planning and Development; Alda Peikert, City Planner; and Gloria Anderson, Planning Secretary. Commissioner McCracken-Hunt was absent. Commissioner McAleese was not present at the start of the meeting. I. APPROVAL OF MINUTES - MAY 20, 1985 It was moved by Commissioner Kapsner, seconded by Commissioner Leppik, and carried unanimously to approve the minutes of the May 20, 1985 Planning Commission meeting. II. SET DATE FOR PUBLIC HEARING - AMENDMENTS TO THE COMPREHENSIVE PLAN Chairman Prazak introduced this agenda item and asked for the staff report. Commissioner McATeese arrived at the meeting. City Planner Peikert gave a report on the need for amendments to the Comprehen- sive Plan and the staff's recommendation for a July 8, 1985 public hearing. It was moved by Commissioner Leppik, seconded by Commissioner Kapsner and carried unanimously to seta public hearing date of July 8, 1985 for amendments. to the Comprehensive Plan. III. INFORMAL PUBLIC HEARING - PRELIMINARY PLAT APPLICANT: Southwirth Development Corporation LOCATION: 501 Theodore Wirth Parkway REQUEST: Approval of Preliminary Plat of "Southwirth" Chairman Prazak introduced this item and asked staff for their report. City Planner Peikert reviewed the request for approval of the Preliminary Plat of "Southwirth" and gave the staff recommendation that the commission recommend waiver of the preliminary plat requirements and approval of the final plat of "Southwirth". The proponent was not present and Chairman Prazak opened the informal public hearing for questions and comments. Hearing and seeing no one, the informal public hearing was closed. 143 It was moved by Commissioner Leppik, seconded by Commissioner Kapsner and carried unanimously to recommend City Council waive the requirements of the preliminary plat and approve the final plat of "Southwirth" based on findings ~~~ Planning Commission Minutes June 10, 1985 Page 2 that strict application of the Ordinance would deprive. the applicant of reasonable use of the land, that the variance is necessary for preservation of a substantial property right of the petitioner, and that granting of a variance will not adversely affect neighboring properties or the public welfare. IV. INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT APPLICANT: Pro-Kleen Auto Services LOCATION: 1000 Boone Avenue North REQUEST: Approval of a Conditional Use Permit to Allow an Automobile Cleaning Service in an Industrial Zoning District Chairman Prazak introduced this agenda item and asked for a staff report. Director Grimes reviewed the request fora Conditional Use permit and gave the staff recommendation of approval with conditions. Commissioner Lewis asked if the total 1,933 square feet would be used for automobile cleaning, and Commissioner Leppik asked if there were limits on the hours of .operation. Director Grimes stated that the total area would be used for automobile cleaning with perhaps a small area used for an office and fora bathroom. He also stated that there are no limits on the hours of operation. Commissioner Russell asked what uses were permitted in an Industrial District other than office/warehouse. Director Grimes said there are many uses but any automobile cleaning or repair service would require a conditional use permit in any district. The proponent was not present to answer questions from the Commissioners and Chairman Prazak opened the informal public hearing. Hearing and seeing no one, the public hearing was closed. The Commissioners had concerns as to noise and whether any painting would be done at the location. Director Grimes stated the only noise would be from vacuum cleaners and perhaps a buffer, and that there would be no painting other than pinstriping of automobiles. Commissioner McAleese asked. if there was a problem having this type of business .located in the same place as offices and whether the tenants were notified. Director Grimes stated that the owners of the building were notified and were working with the proponent, but that the tenants were not notified by the City. Commissioner Russell asked if the building was designed with the idea there would be other uses in the building other than offices. Director Grimes stated yes. Planning Commission ~~~ini~~e& June 10, 1985 Page 3 Chairman Prazak asked if it would be appropriate to specify that there would be no body work or painting other than pinstriping permitted and staff indicated it would be appropriate. Commissioner McAleese, and other commissioners agreed, tended to feel that the hearing should be continued in view of the fact that the proponent was not present to answer questions of the Commissioners. He felt that staff should make sure the proponent was aware of this and that the proponent should be sure to attend the City Council hearing. It was moved by Commissioner Russell, seconded by Commissioner McAleese and carried unanimously to recommend City Council approval of a Conditional Use Permit for Pro-Kleen Auto Services to allow a car cleaning service in the Boone Plaza building at 1000 Boone Avenue North based on findings of fact in the staff memo and subject to the following conditions: 1. The car cleaning operation be limited to the 1,933 square feet of space designated on the site plan submitted by R. L. Johnson dated October 10, 1984. 2. The car cleaning operation be designated four parking spaces as shown on the above mentioned site plan. 3. All car cleaning must be done inside the building. 4. All cars to be cleaned shall be stored inside or within the four designated parking spaces. 5. No body work or painting other than pinstriping will be permitted. V. LNFORMAL PUBLIC HEARING - PRELIMINARY PLAT APPLICANT: International Development, Inc. LOCATION: 7700 Wayzata Boulevard REQUEST: Approval of Preliminary Plat of "Sumter Office Addition" VI. INFORMAL PUBLIC HEARING -REZONING APPLICANT: International Development, Inc. LOCATION: 7700 Wayzata Boulevard REQUEST: Approval of Rezoning from Residential to Business and Professional Offices Zoning District Chairman Prazak introduced these agenda items and asked for staff's report. City Planner Peikert passed out copies of a petition which staff had received from property owners in the area opposing the request for rezoning from the 145 146 Planning Commission Minutes June 10, 1985 Page 4 Residential to Business and Professional Offices Zoning District. City Planner Peikert reviewed the request for the preliminary plat and for the rezoning. She also informed the Commissioners that the proponents had met with the property owners in the area on May 29, 1985 at Brookview. City Planner Peikert also explained that the present dead end water line on Sumter Avenue would be looped during I-394 construction regardless of the outcome of the rezoning request. City Planner Peikert stated that the staff recommendation was to .approve .the preliminary plat and rezoning request. Chairman Prazak asked if this property had ever been developed. City Planner Peikert stated that it had not, that it had been platted in approximately 1913 but never used. and the sand and gravel had been removed from the site after that time. She stated it had been platted for residential prior to the time there was a zoning ordinance. Chairman Prazak also asked if there had been attempts to use this property for other purposes. City Planner Peikert stated that during the past four years there had been proposals for uses ranging from an auto body shop to offices but none for residential use. Mr. Dick Nowlin was present to represent the proponent. Mr. Nowlin gave a brief history of this parcel and indicated that for various reasons, such as the substandard lots, limited access and highway noise, the existing resi- dential zoning was inappropriate for development of the property. Mr. Nowlin introduced Mr. Greg Kopischke of Westwood Planning and Engineering Company. Mr. Kopischke explained the proposal to plat one area for I-394 right-of-way and to use the remaining portion of the lot for development of an office building. He explained that the building would be constructed on the lower portion of the lot to lessen the impact on the residential neighborhood. Regarding the rezoning request, Mr. Kopischke stated that they felt that this was an appropriate transition and buffer type of use between the proposed I-394 highway construction and the residential area to the north. He also stated that with rezoning to business and professional offices the use would be limited to office use and not end up with retail or some type of fast-food operation. Mr. Kopischke indicated that the site plan they had prepared was based on the ordinance standards for setbacks, parking, etc. He described the plan for a three-story structure with the roof height approximately the same as the two-story home to the north, and that the architecture of the building was somewhat residential in nature and would blend in with the neighborhood. 1 Planning Commission Minutes June 10, 1985 Page 5 With regard to traffic, Mr. Kopischke stated a traffic analysis had indicated an additional 30 to 33 trips in and out of the area during peak morning and afternoon traffic periods with an average daily traffic count of approximately 172 cars which is relatively low in volume. He indicated they had oriented the access to the property toward the frontage road .and that most of the traffic would go toward the I-394 frontage road and only a small amount of traffic would be directed into the residential neighborhood on Sumter and Rhode Island Avenues South. Commissioner Russell asked what the square footage of the building would be and Mr. Kopischke stated it would contain 14,000 square feet on the two upper floors and the lower level would be for parking spaces. Commissioner Leppik wanted to know how many offices the proponent anticipated being located in the building and whether the parking would be primarily for persons working in the building. Mr. Kopischke stated the number of offices would depend on the types of businesses using the space. He indicated that the total parking spaces would be 56 with 16 to I9 spaces under the building, and that there would probably be no restrictions on who parks there. Commissioner Lewis asked who owned the property. Mr. Kopischke explained that Mr. Dan Burrill owned the property and the proponent had a contract to purchase the property from him. Mr. Burrill was questioned by Commissioners as to whether he had tried to sell the property for residential use, either for single or multiple family development. Mr, Burrill said he had not. Mr. Dick Nowlin added that there were no restrictions on selling the property and that it could have been sold for residential use but hadn't. Mr. Burrill stated he had owned the property for ten years and has had it on the market for nine years, and that the previous owner had also tried to sell the property during the ten years he owned it. Commissioner Lewis asked the proponent what site preparation is required before construction is commenced. Mr. Kopischke stated that the soil is sand and gravel in nature and was sufficient for the use proposed but that some minor grading would be necessary. Chairman Prazak asked which portion would need no grading and was told by Mr. Kopischke the essentially the entire northerly 25 feet would not be graded and therefore the present vegetation would not be affected. Commissioner Kapsner wanted to know how tall and what kind of vegetation exist- ed on the property now. Mr. Kopischke said it was a mixture of trees and shrubs and most of it would remain there. Commissioner Russell asked what the length of time would be for construction of the project. Mr. Kopischke stated approximately a year or less. 147 Chairman Prazak opened the informal public hearing. ~-4~ Planning Commission Minutes June 10, 1985 Page 6 Mr. Lyle Larsen, 830 Rhode Island Avenue South, stated that he had been born in Golden Valley and when he bought his lot and built his home in this neighborhood it was residential. He felt that if it were rezoned and developed. commercially, eventually commercial development would creep further into the residential neighborhood. Ne also felt that~the proponent could have been more responsive to the neighborhood. Mr. Brown, 611 Sumter Avenue South, objected to the additional traffic more commercial buildings would bring in. Ms. Dorraine Ba iley, 950 Rhode Island Avenue South, said she also represented her parents who live in the. house immediately adjacent to the north of the subject property. She stated that the trees were not on the subject property but rather on her parents property. Ms. Bailey also had concerns with the increase in traffic. Mr. Craig Stillwell, 1033 Sumter Avenue South, had concerns in regard to traffic and storm water drain off. Mr. Albin Winkels, 914 Sumter Avenue South, had concerns with traffic during I-394 construction and wants the property to remain residential. He also felt the proponents could have been more responsive to the neighborhood. Mrs. Jennie Mattson, 732 Rhode Island Avenue South, felt it should remain residential and that there would be an increase in traffic. Mr. Dick Nowlin discussed the legal standards for the rezoning of property. He pointed out that the Courts have said property may be rezoned if there had .been a mistake in the original zoning or if the land uses in the area have changed. Mr. Nowlin said that this is a classic example of an area where the land uses in the area have changed. Commissioner Leppik asked the proponent to address the storm water issue. Mr. Greg Kopischke responded stating the. runoff would come out the east access drive toward the frontage road. Commissioner McAleese wanted to know what the City could do to assure the drainage would not be a problem if the property were rezoned. City Planner Peikert stated that the Building Board of Review and the Building Department would review the site plan and work with the Engineering Department to be sure the drainage would not be a problem. Commissioner McAleese also asked what the City requirements were in regard to landscaping. City Planner Peikert said there were no specific requirements for landscaping between Residential Zoning and Business and Professional Offices Zoning Districts but there were landscape standards which would require a certain number of over-story trees based on square footage of the building, but that it would not necessarily provide a screen. 1 149 Planning Commission Minutes June 10, 1985 Page 7 Chairman Prazak asked what the distance was from the proposed building to the residence to the north. Mr. Kopischke stated it was about 70 feet. Mr. Kopischke stated he would like to clarify the traffic volume. According to calculations, there would be approximately 30-33 cars moving through the area during peak periods which would be from 7:00 a.m. to 8:00 a.m. and 5:00 p.m. to 6:00 p.m. or about one car every two minutes which provides a significant time break between cars. There would be about 105-110 cars going through the area during the 9 hour daytime period or 12 cars every hour. Commissioner Leppik asked if the proponent had designated the kind and the size of the trees to be used directly north of the building and if they would cover the top of the building. Mr. Kopischke stated they would probably be three to five inches in diameter, and depending on their placement, they could screen a significant portion of the building. Mr. Dick Nowlin volunteered to come before the Planning Commission with more detailed landscape plans at a later date though they would not be required to do this. Commissioner Leppik felt it would be beneficial for them to schedule another meeting with the residents regarding more detailed landscape and building plans. Mr. Don Winter, 915 Sumter Avenue South, asked if it would be possibly to put in a cul-de-sac on Sumter Avenue South to eliminate additional traffic. Chairman Prazak stated that the City would be very reluctant to do so. City Planner indicated that a cul-de-sac would require a large area, approximately a 60 foot radius or 120 diameter. The informal public hearing was closed. Commissioner Lewis felt the property should be developed and that it would be beneficial .for the proponent and residents to have another meeting at a time convenient to both parties to review the site plans, landscaping plans, etc. Commissioner Leppik stated she felt that after 70 years of being zoned residential and not developed, it would be extremely unlikely that it would be developed as a single family, duplex or even multi-family residence. She felt that with commercial property immediately adjacent to the east, a major highway going in to the south, no one would be able to sell the property for residential development. She also stated the best possible buffering for the residents to the north is a very low use business office which does not generate a lot of traffic. She indicated is was a difficult decision but she was convinced it would never be developed as residential property and supported the rezoning. Commissioner Russell indicated she was very uncomfortable when zoning is changed on property adjacent to residential property but if the resident were sincere and would like the Planning Commission to look at this whole area in terms of potentially re-examining the land use for this area and the zoning, they would be much more comfortable with a very attractive small office building. If the area were rezoned to Business and Professional Offices, it 15 Planning Commission Minutes June 10, 1985 Page 8 would be possible for individual land owners and not the neighbors to sell and at that point in time more or less be at the mercy of what happens. With this proposal the residents know exactly what they will have on this property, a very attractive building which has a residential flare and precludes anything more coming in there. She stated that if she were a resident, she would be more comfortable with this building with the screening and the buffering from Highway 12 because the height of the building will dispense some of the noise they would eventually have. Commissioner Russell felt uncomfortable changing the zoning but the inevitability is there that this area will go a direction which the residents would be more uncomfortable with. Commissioner Leppik stated the residents should talk again with the proponents to work out a landscape plan that would be satisfactory to them. Commissioner McAleese indicated he would vote in favor of the rezoning but felt uncomfortable as it was in conflict with the Comprehensive Land Use Plan. He too felt the neighbors should get involved to ensure the landscaping would prevent some of the problems. Commissioner Kapsner agreed with what had been said and felt it was unrealistic to think this property would be developed residentially. He stated it was not the perfect solution but as close to residential as possible and would not detract from the neighborhood. He felt the proponent had done an excellent job in designing the structure to blend in with the neighborhood. Though it was a difficult decision, he felt there was no other choice but to rezone the property. Chairman Prazak felt that since the property has not been developed residen- tially and the developer had made an effort to accommodate the neighborhood, he would support the proponent. It was moved by Commissioner McAleese, seconded by Commissioner Leppik and carried unanimously to recommend City Council approval of the Preliminary Plat of "Sumter Office Addition" subject to the following: 1. Minnesota Department of Transportation confirmation of conformance of Outlot A to I-394 right-of-way requirements prior to approval of the Final Plat. 2. One acre minimum lot area of Lot 1 Block 1 on the Final Plat. It was moved by Commissioner McAleese, seconded by Commissioner Lewis and carried unanimously to recommend City Council approval of the rezoning of property located at 7700 Wayzata Boulevard from the Residential to the Business and Professional Offices Zoning District subject to the prior approval of the Preliminary Plat of "Sumter Office Addition". 1 Planning Commission Minutes June 10, 1985 Page 9 VII. DISCUSSION OF HOME OCCUPATION ORDINANCE After discussion of and additions to the proposed Home Occupation Ordinance, it was moved by Commissioner Russell, seconded by Commissioner Kapsner and carried unanimously to recommend City Council approval of the Ordinance. VII. REPORT ON CITY COUNCIL MEETING - JUNE 4, 1985 Commissioner Russell attended the June 4, 1985 City Council meeting and gave a report to the Planning Commission. VIII. DISCUSSION OF THE GOLDEN HILLS TAX INCREMENT FINANCING PLAN The Planning Commission reviewed the Golden Hills. Tax Increment Financing Plan and requested that Finance Director Don Taylor meet with the Planning Commission at a later date to go over the plan. Meeting was adjourned at 9:45 P.M. Gary Prazak, Chairman l5l 1