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01-11-88 PC Minutes MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION January 11, 1988 A regular meeting of the Planning Commission was held in-the City Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair Prazak 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 Wilkinson, City Planner, and Gloria Anderson, Planning Secretary. I. APPROVAL OF MINUTES - DECEMBER 14, 1987 It was moved by Commissioner Lewis, seconded by Commissioner Leppik, and carried unanimously to approve the minutes of the December 14, 1987 meeting. II. INFORMAL PUBLIC HEARING - REZONING APPLICANT: Navarre Corporation LOCATION: 2300 Winnetka Avenue North REQUEST: Rezoning from the Business and Professional Offices Zoning District to the Light Industrial Zoning District to Allow Construction of an Office/Warehouse Building Chair Prazak introduced this agenda item and asked staff for a brief summary of the request. Director Grimes reviewed the request for rezoning and gave a brief history of the property. Commissioner McCracken-Hunt asked staff if the business was primarily wholesale or if there would be retail customers. Director Grimes stated it was strictly wholesale. Commissioners Prazak and Leppik had questions regarding truck traffic. Director Grimes indicated there would only be a few trucks going and coming each day and that same of them would probably use Rhode Island rather than 23rd Avenue North or Winnetka Avenue as truck access to the property would be on Rhode Island Avenue North. Mr. Bernard Herman, architect, was present to represent the proponent. He reviewed the request for rezoning and described the proposed building and site plans. He stated there were no environmental issues involved and all plans would meet the City Zoning Code requirements. Mr. Herman stated that the property to the north was presently zoned Light Industrial and that it would make sense to extend that type of zoning up to 23rd Avenue. He also indicated there would be little or no customer traffic; that all the traffic would be employees and a few trucks each day. He stated that if an office building were built on this property, it would create much more traffic than this proposed office/warehouse use. Mr. Herman felt this project would enhance the property. 1 Minutes of the Golden Valley Planning Commission January 11, 1988 Page 2 Commissioner Leppik-asked the proponent when they would break ground for construction if the rezoning were approved and Mr. Herman stated in about 90 days. Chair Prazak opened the informal public hearing. Mr. Lee Frankman, 7831 - 23rd Avenue North, said he was speaking for himself and for Mary Weinzierl who owns the property at 7853 - 23rd Avenue North. He stated that they objected because they felt it would lower property values and because the truck traffic could not be restricted. Mr. Edward Bartholic, 8000 - 23rd Avenue North, was concerned about truck traffic. He also questioned what type of business would this. property be used for after the record/tape business left. Ms. Kathy Holt, 7833 - 23rd Avenue North, was concerned with safety and values of the properties in the area. Mr. Jim Hall represented his mother, Mary Gormley, who owns vacant property across Winnetka Avenue. He .had concerns with traffic and lighting of the property. Chair Prazak asked staff to respond to other uses for this property that would be permitted. Director Grimes stated any use that is listed in the Light Industrial Zoning District Code such as light manufacturing. Commissioner Leppik asked if a Conditional Use Permit could be used as it is presently zoned and. Director Grimes stated it could not as a warehouse use is not permitted in the Business and Professional Offices Zoning District. The informal public hearing was closed. Commissioner Leppik stated she was concerned with what would happen if the property were rezoned and the proposal being made was not carried out. She stated that something. more negative could be put in there. Chair Prazak asked staff what other process this request would go through. Director Grimes stated it would go to the City Council and if approved would also go to the Building Board of Review. Commissioner McCracken-Hunt stated if the property were to remain zoned for Business and Professional Offices, the building could be similar and the traffic would be substantia ly more. Commissioner Kapsner said he was inclined to support the rezoning. He felt the truck traffic would not be a major concern and the building design is as nice as an office building. He did have some concerns with future use of the property. 1 1 1 Minutes of the Golden Valley Planning Commission January 11, 1988 Page 3 Commissioner McAleese felt this building was a good solution but that rezoning does not guarantee that this building would be built and did not favor the rezoning. He also stated that traffic would not be a problem but there could be more traffic if used for something else. He felt this property should remain a buffer between the Light Industrial to the north and the residential to the south. It was moved by Commissioner Kapsner and seconded by Commissioner McCracken-Hunt to recommend City Council- approval of the rezoning of the property at 2300 Winnetka Avenue North from the Business and Professional Offices Zoning District to the Light Industrial Zoning District. Upon vote the motion carried 4 to 3. Commissioners Leppik, McAleese and Russell. voted against the motion for approval. III. PUBLIC HEARING - MORATORIUM (Amendment to the Zonin Code to Restrict Development Along the I-394 Corridor This agenda item was introduced by .Chair Prazak and a review of the proposed moratorium ordinance was given by Director Grimes. He explained that the purpose of the moratorium was to allow time for the Cities of Golden Valley and St. Louis Park to develop a plan to guide and control development along the I-394 corridor. Director Grimes indicated the moratorium would be fora period of one year but it is hoped that the study can be completed in six months. Director Grimes distributed to the Planning Commission three letters submitted for the hearing. record: Mr. Joseph E. LaBelle, Executive Director of the Minnesota Higher Education Facilities Authority, and Mr. Gordon B. Conn, Jr., Faegre and Benson, representing Norwest Bank Minnesota as Trustee for holder of bonds issued by the Minnesota Higher Education Facilities Authority, submitted letters requesting that Glenwood Avenue be the northern boundary of the morator- ium area and that the Golden Valley Lutheran College property not be included in the moratorium, based on belief that development of the College property would not have any impact on I-394 and based on the fact that delay in development would have negative impact on the Authority and others with an interest in the College. Mr. Jeff Sweet, Lupient Oldsmobile Co., submitted a letter requesting that the moratorium ordinance include an exception for construction of replace- ment facilities for buildings taken 'for I-394 right-of-way.. Several Commissioner asked that in cases where the State took property for construction of I-394, would the property owner then be able to rebuild before the moratorium was up. Director Grimes stated there were no provisions in the ordinance for this but the Planning Commission could make amendments to the ordinance to provide for such cases. Commissioner Lewis asked when the moratorium would take effect. Director Grimes stated it would go into effect as soon as it was approved by the City Council. Chair Prazak asked if developers would have access to information on the progress of the study and Director Grimes indicated that the Twin West Area Chamber of Commerce was. proposing a Task Force to provide information to the business community. Minutes of the Golden Valley Planning Commission January 11, 1988 Page 4 Chair Prazak opened the public hearing. Mr. Dayton Soby, 10 Hanley Road, stated he was at the meeting on behalf of a group of citizens and chairman of Global Ministry Village of Golden Valley, Inc. which is a non-profit organization which was formed for the sole purpose of facilitating the development of the Golden Valley Lutheran College property. He requested that the property north of Glenwood Avenue (Zone 6 of the Study Area) be excluded from the moratorium as it did not affect traffic along the I-394 corridor and because it would prevent the sale and development of the College property. Pastor Phil Worthington, 2580 Regent North, Dean at the Golden Valley Lutheran College, asked that this area (Zone 6) be removed from the moratorium area as it would prevent the closing on the sale of the College and cause delays in money being returned to creditors. He read letters from people who had invested money in the college and would not. get their investments back if the college were not sold. Pastor Worthington submitted for the hearing record letters to the Lutheran Bible Institute from Mr. Richard Nelson, Mr. Glenn Piper, and Mr. Vernon and Mrs. Pauline Jensen describing need for repayment of loans to the Institute. Mr. Roland Strand, 6407 Westchester Circle, lives near the College and felt that there would be no traffic increase if the College property would be developed. He stated this area should be excluded from the moratorium and improvements be allowed if they do not increase traffic. Mr. Michael Perelstein, 5121 Circle Down, was in favor of the moratorium and felt it was a good idea. Mr. Severt Legred, 1610 Yosemite Avenue North, stated he was a former coach at the College and would like to see the site developed. He supported exempting the College site as he did not feel it would cause any traffic problems. Ms. Phyllis Larson, 1537 Zealand Avenue North, said she was also a former faculty member at the College. and felt it would be in the City's best interest to exempt it from the moratorium so it could be developed. Mr. Howard Sortland, Acting President of Golden Valley Lutheran College, state d that every week they are delayed in closing, it is costing the College large sums of money in terms of interest .and other costs and wanted the site exempted from the moratorium so a sale could be made and the creditors repaid. Dr. William Scott, 2425 Vale Crest, stated he was one of the many people who participated in organizing a solicitation program from residents and neighbors to raise money to be an active corporation such as the Global Ministries. He stated that if the College were included in the moratorium it would create hardships for creditors and investors, and that the "human element" should be considered. 1 1 Minutes of the Golden Valley Planning Commission January 11, 1988 Page 5 Mr. Jerry Winter, owner of the Minnesota Center for Health and Rehabilitation at 5400 Glenwood Avenue, stated they wished to expand their building and felt the provision in the moratorium ordinance for expansion should be raised to an amount up to 30% of the building's square footage. Mr. Bill Nord, 420 Edgewood Avenue North, lives near the College. He stated he felt the College (Zone 6) should be excluded from the moratorium. Pastor Maynard Nelson, 7320 Half Moon Drive, noted that he was speaking as a private citizen. He stated he was proud of a group of people who had taken some responsibility in order that they might have a mission to resolve. the problems of the college which would be of benef it to everyone including the City. He stated he felt there was a chance for Global Ministries to success and requested that the City not undermine their efforts. Mr. Dave Sellergren, an attorney with Larkin, Hoffman, Daly & Lindgren, was present to represent MEPC American Properties who own properties in Golden Valley and St. Louis Park. He indicated he was in agreement with a suggestion at the Twin West Chamber meeting that a landowners advisory group be prepared and asked the Planning Commission to concur in that suggestion .and to recommend to the City Council that there be an interactive process for landowners in the course of arriving at an ultimate response to the Strgar-Roscoe-Fausch study. He also felt that exceptions should be made in the ordinance to provide for ongoing environmental studies, for replacement of property when taken by a governmental agency, and for an appeal. process. Mr. Jerry Mundt, 4212 Poplar Drive, stated he is an architect and planner and felt that a moratorium was a drastic effort and could have a negative effect. He felt the moratorium area should be limited to 600 feet on either side of .Highway 12 with a six month deadline. Mr. Clarence Green, 300 Turners Crossroad, asked to have the moratorium explained which was done by staff. Mr. Don Steinbrueck, 5536 Loring Lane, wanted to know what Global Ministries had planned for the College site and felt that if apartments were planned it would create more traffic. He stated that there is always a danger in making money and that he didn't think the City should feel obligated to the College. Mr. Frank Hetman, 124 Paisley Lane, asked if the City would disclose the four pages of road improvements. that would have to be made because of traffic on I-394. He felt the Golden Valley Lutheran College site should be exempted from the moratorium. Mr. Hetman stated that he supports the Planning Commission and their work. Ms. Millie Snyder, 6412 Westchester Circle, had concerns with traffic in her area. Mr. Mike Osmundson, 240 Georgia Avenue North, noted that traffic cuts through their area from Highway 55 to Westchester to Georgia and had concerns with this traffic. Minutes of the Golden Valley Planning Commission January 11, 1988 Page 6 Mr. Leland LeBlanc, 6478 Westchester Circle, also stated his concerns with increased traffic in their neighborhood. Mr. Dave Killeen, 5431 Glenwood Avenue, stated he was in favor of the moratorium with the exception of Zone 6. Mr. Brown, 611 Sumter South, said he had concerns with the traffic, noise, dirt, etc. along Laurel. Mr. Sam Poppleton, President of Global Ministries, pointed out that redevelop- ment of this property would require a Planned Unit Development and that the property was unique in its size and vulnerability. He asked that the Planning Commission consider its human cost as well as the cost of not being able to go forward with development. Mr. Mark Broin, who indicated he was not a resident of Golden Valley but a resident of Minnetonka, stated he was in agreement with the moratorium and felt it was the right thing for the City to do. Mr. Lloyd Jafvert, 4200 Poplar. Drive, stated he was also a part of the Global Ministry Village. It was his consensus that being included in the moratorium and asking them to wait another year to even begin development of the College property was unfair. He stated that he also felt the moratorium would last more than a year. Ms. Mary Maier, 115 Florida Court, stated she had concerns with increase in traffic and noise in the area and that it is time to slow down and consider all the issues. Was in favor of the moratorium. Mr. Dick Kaitz, 5201 Circle Down, stated he also was the owner of Palm Beach Beauty Products located in the moratorium area. He stated he felt the moratorium was not necessary as there are other governmental controls in place that can be used to accomplish the same things. Pastor Ricardo Baeza, 275 Yosemite, stated he had concerns with the- increase of traffic in the area and would like to see only single family homes developed on the College site and not apartments. Ms. Victoria Winter, 424 Winnetka Avenue South, stated she had concerns with the increase in the amount of traffic generated on Laurel and Winnetka Avenues by businesses along Highway 12. Mr. Bill Bomb stated he was a resident of Golden Valley and a former faculty member of the Golden Valley Lutheran College. He stated his concern was what it would mean to him and his family financially if the College site were included in the moratorium. Mr. Don Ralph, 440. Decatur Avenue North, stated he .had concerns with traffic on General Mills Boulevard. t Minutes of the Golden Valley Planning Commission January 11, 1988 Page 7 Mr. Paul St.Marie, 7440 Ridgeway Road, stated he was in favor of the moratorium and would like to see the four pages of street improvement recommendations made by Strgar-Roscoe-Fausch. Mr. Steve Michael indicated he was the treasurer of Global Ministry Village and requested that Zone 6 be removed from the moratorium area. Mr. Pete Buratti, representing the owner of Business Furniture who was out of town, stated he was opposed to the moratorium. He stated the provision for a ten percent increase of a building's size should be increased. The public hearing was closed. Chair Prazak reviewed the following issues which were brought up: 1. Exclusion of Zone 6 2. Exception to ten percent space increase 3. Provide exception to allow parking structures and environmenta l impact studies 4. Concerns with local traffic 5. Concerns with increase in noise in neighborhoods 6. Compensatory allowances when State Highway Department takes property 7. Limiting the area of the moratorium to 600 .feet on either side of I-394 Several other Commissioners noted other items to be considered:. 1. Do we need the moratorium 2. Length of the moratorium 3. Setting time limits Chair Prazak suggested, and the Planning Commission agreed by consensus, that discussion and action on the proposed moratorium ordinance should be carried over to .the next Planning Commission meeting, scheduled for January 25 , 1988. Chair Prazak requested that in preparation for further discussion at the next meeting., staff provide a summary of the issues and the major alternatives that the Planning Commission has so it can. be gone through in an orderly process. IV. REPORT ON JANUARY 5, 1988 CITY COUNCIL MEETING Commissioner Kapsner provided a report on the January 5, 1988 City Council meeting. The meeting was adjourned at 10:25 P.M. 1