08-12-96 PC Minutes163
1
Minutes of the Golden Valley
Planning Commission
August 12, 1996
1
A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council
Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to
order by Secretary Jean Lewis called the meeting to order at 7:05pm. Chair Prazak arrived at
7:06pm.
Those present were Chair Prazak and Commissioners Groger, Johnson, Kapsner, Lewis,
McAleese; absent was Pentel. Also present were City Planner, Beth Knoblauch and Planning
Secretary, Mary Dold.
I. Approval of Minutes -June 10, 1996
MOVED by Johnson, seconded by Groger and motion carried unanimously to approve the June
10, 1996 minutes as submitted.
II. Informal Public Hearing -Conditional Use Permit
Applicant: McDonald's Corporation
Address: 9315 Medicine Lake Road, Golden Valley, Minnesota
Request: To allow for the operation of a Class II Restaurant in the Commercial
Zoning District
Beth Knoblauch gave a summary of Director Mark Grimes report (absent from meeting)
commenting on the applicant's request for a Conditional Use Permit (CUP) so McDonald's can
build and operate a new Class II Restaurant in the Commercial Zoning District. The existing
restaurant is considered a legally nonconforming use because it has been in operation longer
than the CUP requirements have been in the City Code. Ms. Knoblauch talked about the size
of the proposed restaurant and McDonald's request to have their existing facility remain open
while the new facility is under construction.
City Planner Knoblauch told the Commission that the applicant will need to appear before the
Board of Zoning Appeals concerning several variances due to the location and size of the
restaurant. This meeting is scheduled for August 27. McDonald's request, along with the
motion from the Planning Commission and Board of Zoning Appeals will go to the City Council
at its meeting of September 3, 1996.
Ms. Knoblauch talked about the visit staff made to a similar McDonald's in Champlin.
Unfortunately this McDonald's did not have the same busy surroundings as the restaurant on
Medicine Lake Road. This made it difficult to judge parking capacity and traffic patterns. The
City Planner told the Commission that SRF Engineers performed a parking analysis and
determined that peak time is Friday lunch, and 88 parking. spaces were needed; the applicant is
proposing 112 which is 25 less than the code requires. Based on the SRF analysis, staff
164
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Two
believes that the 112 parking spaces are adequate at this time. A request for a variance from
Section 11.30, Subd. 6(E) will need to be addressed at a Board of Zoning Appeals meeting.
Ms. Knoblauch reviewed the access points into McDonald's noting that the Medicine Lake Road
access would be moved more to the west, placing it farther from Hillsboro Avenue. The
applicant is proposing aone-way access. into the site on Hillsboro (closest to Medicine Lake
Road) which they believe will help eliminate any traffic problems on the site. Because
McDonald's is proposing this access, they are proposing to move the bus stop, at their
expense, a little farther to the south, which will help alleviate problems at this corner. Staff.
would like to see this bus stop moved. Staff has concerns. about the southern access into the
site on Hillsboro due to site line distances. The Engineering Department believes that this
southern access is workable. City Planner Knoblauch-noted that some or all the plantings
around this access may have to be removed and replaced; staff is suggesting the south side of
the road which would provide buffering for the townhomes but would not block lines of sight for
drivers using the southerly access.
City Planner Knoblauch reviewed the variances needed to address the setback violation on
Hillsboro. Code requires 35 feet of landscape on the front setback; McDonald's is proposing 17
feet off the required 35 feet to a distance of 18 feet. McDonald's believe that the drive-through
would work best on the east side requiring the setback variance. Staff believe that the entire
building could be moved to the west side. A third variance, discussed by Ms. Knoblauch, but
not addressed in the staff memo, is that part of the code that addresses a principal structure on
one lot (Section 11.12). The City only allows one building on one lot. McDonald's is proposing
to keep their existing facility open while the new building is under construction. This would be a
violation of City Code and should be addressed by the Board of Zoning Appeals.
Ms. Knoblauch reviewed the 10 findings and recommendations as written in the staff memo.
Nothing of great distinction was noted in the findings. Staff recommendation requests
McDonald's to submit a revised site plan showing a minimized or the elimination of a need for a
setback variance.
Commissioner Kapsner asked staff to comment on why there is a concern for one principal
structure on one lot. City Planner Knoblauch commented that this concern comes from a
number of sources, such as applicants squeezing another building on the site, or there may be
a situation where there are two buildings on one lot and then the owner wants to sell one
building off and wants each building to have its own lot:
Chair Prazak asked if staff had received any previous requests of having a structure remain on
the site while a new building was being built. City Planner Knoblauch commented that she was
aware of this situation only in PUD's. Code specifically states there will be only one principle
structure on a lot.
1
165
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Three
Commissioner Lewis asked if the City Attorney had offered any options for McDonald's request
of having the existing store remain open during the construction period. Ms. Knoblauch
commented that they either tear down the building or get a variance, keeping in mind that state
law says economic factors are not taken into consideration.
Commissioner Groger stated that the Planning Commission is being put into a difficult situation
concerning one building on a lot. If the applicant cannot get a building permit to begin, it is a
moot point that is before the Planning Commission in recommending any approval. City
Planner Knoblauch commented that Director Grimes expected to see a revised site plan
showing only one building. However, the Planning Commission could still proceed with the
current site plan by simply noting in its recommendation that it defers to the ruling of the BZA
with regard to the "two buildings" issue.
Jerry Roper, representing McDonald's, came forward requesting approval for a Conditional Use
Permit and the submitted site plan. He said that he believes it will not be a problem for the City
to grant the Conditional Use Permit because McDonald's has been in operation for such a long
time on this site and the business should be grandfathered in. Mr. Roper commented that he
believed staff had told him, when he was preparing his site plan, that meeting parking
requirements was most important. Director Grimes had also asked McDonald's to reimburse
the City for a parking study to determine the number of needed spaces, which McDonald's did.
According to Mr. Roper, to achieve the most parking available on the site a setback variance
would be needed along Hillsboro. He believes staff is now telling him that the setbacks are
more important. Mr. Roper said that he had suggested a Planned Unit Development (PUD)
because of the flexibility with what the ordinance requires. Staff instead requested that the
applicant submit a parking study.
Mr. Roper also talked about the economic reasons for keeping the existing site open while the
new facility would be under construction, citing that by remaining open, McDonald's will retain
loyal customers and would decrease the loss of revenue due to the construction. Mr. Roper
commented on the number of stores in the Minneapolis region and the years of experience in
design layout of the McDonald's facilities. The designer was given as much free reign as
possible. This person was to look at the site with minimal setbacks and design a site plan best
for the site (plan submitted). Mr. Roper commented that he was unaware that City Code states
there can only be one principal building on a lot. Mr. Roper commented that the existing facility
would only stay open until the new building is completed and ready for business, which he
determined to be approximately two months. He stated there were ways of requiring
McDonald's to conform to tearing down the building, such as submitted a "letter of credit" which
says that if McDonald's does not tear the building down, the City has the authority to have it
demolished and use the funds from the letter of credit.
Mr. Roper commented that he was confused on which item was more important, setbacks or
parking. McDonald's is trying to meet both requirements but is unable to come up with a
conforming site plan. Mr. Roper also commented that either he gave Mr. Grimes the wrong
square footage or Mr. Grimes took the wrong footage off the plan; the report indicated 4,100
sq.ft. but it is actually 4,800 sq.ft. which requires approximately 135 parking spaces.
~~~
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Four
Mr. Roper talked about setbacks on the surrounding properties and believes hat the gas station
to the west and the townhomes to the southeast do not meet setback requirements.
McDonald's will meet the setback on Medicine Lake Road and is proposing only to have the
drive-through lane in the setback area along Hillsboro Avenue. He talked about if this were an
interior lot, the setback would only be 20 feet and also asked the commission to consider the
shape of the lot, which could be considered a hardship. Mr. Roper said that because the
entrance/exit is be shifted more to the south, there will be a need for grading due to a 8 to 9 foot
difference in elevation across the lot. McDonald's will need to put the building as far to the east,
as possible, to make the grading work out.
Chair Prazak asked Mr. Roper if parking consultant SRF had the correct square footage of the
building when they prepared their report. Mr. Roper commented that they did; SRF was
comparing this site to the McDonald's in Champlin which are approximately the same size of
4,800 sq.ft.
Commissioner Lewis said that she feels that McDonald's has far exceeded optimum use of the
site with a 20 percent increase with the proposed building. Mr. Roper commented that the
additional square footage comes from the replacement of the existing basement area which will
now be at ground level. Mr. Roper commented that the square footage is not changing, all
square footage will now be on one level.
Chair Prazak asked the applicant to review the colored site plan and show the commission and
audience where there would be less green space. Mr. Roper pointed to an area along the
eastern side of the lot (Hillsboro Avenue). He commented that the green space, at this time, is
35 feet and will be reduced to 18 feet. The edge of the proposed building will be at 36 feet from
Hillsboro Avenue.
Commissioner Johnson asked what the size comparison of the McDonald's on Winnetka
Avenue to that of the Medicine Lake Road facility is. Mr. Roper said the Medicine Lake Road
facility would be a little bit bigger with about 65 more seats because of the playland area. The
total amount of seating for the Medicine, Lake Road facility will have around 135 seats. The
building size will be about 800 sq.ft. larger than the McDonald's on Winnetka. Commissioner
Johnson asked if the market area could support such a large restaurant. She compared the
surrounding area of the McDonald's on Winnetka, with the businesses and busy road to bring in
patrons to the surroundings on Medicine Lake Road.. She asked if the existing building could
just be remodeled or expanded. Mr. Roper said that it would be possible to build a playland
onto the existing facility but that it was in dire need of remodeling, it is not efficient regarding
layout. He commented that studies have been done which indicate that the proposed
McDonald's can be supported by the families in the area.
167
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Five
Commissioner Kapsner commented that he believes that parking would be adequate on the
site. He asked staff if McDonald's lost some land when the curve was put in on Hillsboro
Avenue. City Planner Knoblauch commented that McDonald's was built after Hillsboro Avenue
-was put in.
Commissioner Johnson asked the applicant if he could move the building over to gain some
setback without losing parking. Mr. Roper said that he had looked at that and could possibly
gain another 4 feet by moving the building to the west.
Commissioner Lewis asked where the additional square footage to the new building was being
added. Chair Prazak commented that the building is being increased at both ends. Mr. Roper
commented that the proposed building is approximately the same size as the existing building if
the basement area is included; the additional square footage in the proposed building comes
from the playland area.
Commissioner Kapsner asked City Planner Knoblauch if a variance could be granted if there is
a hardship situation. City Planner Knoblauch stated that the Board of Zoning Appeals
addresses hardships and requests from the applicant for variances. The Planning Commission
can make a recommendation regarding the information presented on setbacks.
Mr. Roper asked staff and the commission what the process was to rezone a piece of property
to a Planned Unit Development (PUD). City Planner Knoblauch commented that the proposed
McDonald's does not quality. The Winnetka Avenue McDonald's is a PUD only because it is in
an official Housing and Redevelopment District, which is not the case with the current proposal.
Chair Prazak opened the informal public hearing.
Dennis Rock, 2404 Hillsboro Avenue North, commented that the Galant Townhome Association
is concerned with the proposed southern entrance because of the traffic coming off Medicine
Lake Road and the high speed their cars are at when they take the curve and continue down
Mendelssohn. He commented on the number of cars that come out of the Galant, Pheasant
Glen and Medley Park townhome area and that the school bus and sometimes city bus stops
on the curve. The Association's preference would be to see McDonald's leave the southerly
driveway where it is currently situated.
Chair Prazak asked if the driveway could be moved more toward Medicine Lake Road and
vehicles use the existing easterly driveway which could be accomplished by putting the new
store on the west side of the lot.
Daniel Swain, 2420 Mendelssohn Lane, is concerned about the driveway at the southerly end
with the curve in the road and would like to see the driveway in another location. He believes
traffic entering the drive-through lane, at the southerly entrance, will back up onto Hillsboro
Avenue. He also talked about the number of trucks that park toward the back of the lot now
during the lunch.
x:68
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Six
Betty Dahlgren, 2410 Hillsboro Avenue North, talked about the number of children in the area
and about a school bus stop that is located very near the proposed southerly entrance, which
she believes would be dangerous. Knoblauch noted the letter that had been received from
other adjacent residents, and was included in the agenda packets.
Chair Prazak closed informal public hearing.
Commissioner Kapsner asked Mr. Roper about how much of a free-hand the designer had to
place this store on the site; and is there another feasible way to put this building on the lot by
turning the building to the south. Mr. Roper commented that this is McDonald's optimal design.
Chair Prazak asked Mr. Roper if McDonald's reason to shift the building to the east was so the
existing facility could, remain open. Mr. Roper commented that keeping the existing facility open
was not the only reason. Mr. Roper talked about the access point off Medicine Lake Road and
if the proposed facility was placed more westerly on the lot, the Medicine Lake Road access
would have to be eliminated.
Commissioner Johnson asked about redesigning the building, .commenting that if the southern
entrance/exit was closed, the building placed more to the southwest and by adding the playland
area on to the main building in a "T" shape, more landscaped space could be accommodated
on Hillsboro. Mr. Roper said that McDonald's had looked at that option but had to keep in mind
setback space and optimal parking.
Commissioner McAleese questioned an earlier comment by Mr. Roper concerning instructions
that his architect should assume "minimal setback requirements". He continued by asking if
minimal setbacks meant complying with the City's code or did it mean building the store that
McDonald's wanted and worry about the setbacks later. Mr. Roper commented that the design
presented was the most optimal and that if this was an interior lot the setback would be met;
green space is usually not 35 feet and this is not the norm. He commented on other cities'
zoning requirements being less stringent and had told the architect to try to live with Golden
Valley's requirements. The design before the Commission is what the architect came up with.
Commissioner McAleese voiced concerns about taking the applicant's word that the Medicine
Lake Road access could not exist if the proposed building were turned 180 degrees. Mr. Roper
said that McDonald's had to look at the elevations of the lot. Commissioner McAleese
commented that he had no drawings before him that showed that the building in other locations
would not work. He questioned whether this couldn't work if the main entrance was off
Hillsboro. Mr. Roper commented that they looked at an option of using the primary road which
was Medicine Lake. Commissioner McAleese said that he was not convinced that all options
had been looked at.
Chair Prazak talked about moving the proposed building to the west and south which should
allow for more stacking; the parking would be on the east. The existing facility would need to
be torn down. Mr. Roper said that there would still be a problem with setbacks.
X69
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Seven
Commissioner McAleese asked the applicant whether, if a larger parking variance was granted,
the building could be moved around by changing the location of the southern driveway. Mr.
Roper suggested that a right out only from the south exit could help alleviate pressure on the
site. This entrance/exit, on the south, could also be made an exit only.
Chair Prazak said that the Commission is probably comfortable with the 112 parking spaces
due to the report on the parking study, but still has concern about the green space on Hillsboro.
Mr. Roper showed an original design with the southern exit located more to the north on
Hillsboro. City Planner Knoblauch commented that the City's Engineering Department
requested the southern exit be moved to a more southerly location.
Commissioner McAleese concurs with the townhome residents that Hillsboro Avenue at the
curve is a bad spot and potential trouble for traffic. He believed the City Engineer was
considering only general engineering factors and not the specific land uses and bus or
pedestrian traffic around the site. He commented that he would feel more comfortable if the
driveway wasn't there at all, but understands McDonald's point of view because it works and
allows the existing facility to remain open. Commissioner McAleese said he would like to see a
plan with the building on the west side proving that it doesn't work regarding traffic flow.
Commissioner Kapsner asked about turning the proposed restaurant 180 degrees and leaving
the playland on north end. Mr. Roper said that this scenario would be impossible because of
the reverse drive-through.
Chair Prazak cautioned the applicant to be prepared to get same questions at the City Council
meeting.
MOVED by Kapsner recommending approval of the site plan as submitted with the proposed
two variances and adding the third variance relating to two buildings on one lot.
City Planner Knoblauch asked Commissioner Kapsner if he would suggest any conditions to be
added. Director Grimes had included no staff recommendations in his memo, but he and Ms.
Knoblauch had discussed a few suggestions, which she outlined for the commission.
Member Groger asked the applicant whose property the bus stop was on. Staff noted that the
question raised a good point. If it is on right-of-way land, then there is a need to add a
condition to formalize who would pay for the off-site improvement of moving the bus stop.
Commissioner Lewis said that she could not support this request because of the increased- size
of the proposed facility on the site.
No second was received from Commissioner Kapsner's motion to recommend approval.
~~
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Eight
MOVED by Groger, seconded by Johnson and motion carried unanimously to recommend to
the City Council to deny the request for the Conditional Use Permit to allow the use of a Class II
restaurant at 9315 Medicine Lake Road. Reasons for denial are as follows:
• Setback issue of less green space than required on Hillsboro Avenue
• Concerns about the site plan; could the proposed facility be placed elsewhere on the site.
• Concerns about the southerly access and the hazardous condition it may cause
Chair Prazak asked City Planner Knoblauch what the procedure the City Council would take
regarding the motion. City Planner Knoblauch stated that the City Council would still hear the
request. If the City Council approves the CUP, they will be able to craft conditions from the
issues that were discussed during the Planning Commission meeting plus the standard
conditions.
Commissioner Lewis felt that McDonald's is a good neighbor but has concerns about the
southerly driveway.
The Commissioners wanted to make it clear that they were not opposed to a McDonald's on
this site. Commissioner McAleese commented that he was not concerned with having two
buildings on this site but the City should look at the language of the ordinance. He suggested
that McDonald's provide a construction. bond to satisfy the needs of the City and the Developer.
Commissioner Kapsner had questions on the issue of two buildings on one lot. He said it is
important to send a message to council that there are some concerns about this site but feels
they can be overcome.
Commissioner Johnson .commented that if the footage of the proposed facility were reduced,
setbacks requirements could be met.
Commissioner Lewis suggested that it may be appropriate for McDonald's to have an alternate
site plan available for the City Council to review.
III. Informal Public Hearing -Preliminary Plat Review -Valley Square 3rd Addition
Applicant: City of Golden Valley
Address: That area bounded by Bassett Creek to the North, Winnetka Avenue to
the East, Golden Valley Road/Drive to the South and Wisconsin Avenue
to the West
Request: Review and approve the Preliminary Plat for Valley Square 3rd Addition
which will permanently dedicate the Right-of-Way for the realigned
Golden Valley Road and to clear up miscellaneous other legal matters.
°,_°
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Nine
City Planner Beth Knoblauch reviewed her memo and the plat with the commission,
commenting that there were no specific proposals at this time and staff is not looking at this plat
as a development but at tidying up problems from the past. Knoblauch said that at the time of
the writing of the report, staff had not heard from the State regarding the plat. The County was
still working on its review, but in early comments to staff the reviewer had indicated he was
unaware of the parking areas along Winnetka Avenue.
City Planner Knoblauch told the commission that one issue that needed to be addressed was
the width of Maren Lane. The subdivision section of City Code requires that Maren Lane be 60
feet. At this time the road is 50 feet wide. Staff is requesting the Commission to recommend
approval of a variance allowing the road to remain at 50 feet or instruct staff that Maren Lane
should be widened to 60 feet to meet current code requirements. Ms. Knoblauch commented
that it would not make sense to widen the road at this time.
Chair Prazak asked if the commission could make a recommendation to close Maren Lane.
Ms. Knoblauch commented that it was not an option at this time. The long term plan would be
to have a development that takes in all of Area B, but long term plans are not in a position to be
implemented at the present time. She also commented that Maren Lane is the only access for
those businesses located at the lower level of the two shopping centers.
Commissioner Lewis asked if the HRA has money to purchase the Super Value site. City
Planner Knoblauch commented that she was unable to answer that question.
Commissioner Kapsner asked if the Super Valu site was the only property not owned by the
City. Ms. Knoblauch commented that the City owns all the property north of Maren Lane except
for the northwest corner, which is owned by the bank; south of Maren Lane the City owns the
old Bies/Maren Shopping Center.
Commissioner Lewis asked staff about the condition of the Super Valu building. Ms. Knoblauch
commented that the Inspections Department is concerned about its deterioration and
vandalism.
Commissioner McAleese questioned if all other property owners are a party to the plat. City
Planner Knoblauch commented that all other property owners within the plat lines would have to
sign off on the plat.
Chair Prazak commented that he was comfortable with the proposed plat and the plat will make
it easier for developers to review.
Commissioner McAleese said that the plat was a good step to take if the property owners
agreed with it. He commented that he was uncomfortable with requesting something that does
not meet code but because of the circumstances, it seems logical to plat it now and doesn't
make sense to widen or abandon Maren Lane at this time.
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Ten
Commissioner Johnson asked staff if the recommendation is to recommend to the Council to
grant a variance to replat. Ms. Knoblauch commented that there were two points to consider.
The first part of the variance would. be to leave Maren Lane at 50 feet which is 10 feet less than
code requirement. The second part of the request would be for the council to grant itself a
variance from the normal guidelines for granting a variance, unless a hardship can be
determined other than economic.
Chair Prazak opened the informal public hearing; seeing and hearing no one, Chair Prazak
closed the informal public hearing.
MOVED by Johnson, seconded by McAleese and motion carried unanimously to recommend to
the City Council to approve the Preliminary Plat for Valley Square 3rd Addition with the following
conditions.
• To recommend the City Council grant a variance which would allow Maren Lane to remain
at 50 feet;
• The City Engineer should make a determination as to all permanent easement locations
before the plat returns to the City Council for its final approval; and
• There should be no park or storm water management dedication in connection with the plat,
but the City Council should reserve the right to revisit this matter prior to final disposition of
any land within the plat that is currently owned by the City or HRA.
City Planner Knoblauch briefly talked about the permanent easement locations and park or
storm water management dedications. Commissioner McAleese asked, if the City Council
rebuilds the area the way it now stands, how would that affect the City's requirement for storm
water management. Ms. Knoblauch commented that we rely on the good faith of the City to
take care of these matters; this matter can be deferred from discussion at this time but needs to
be brought up before any redevelopment occurs. Commissioner McAleese asked whether
there would be other avenues to ensure adequate storm water management if the HRA
eventually sells the land to a developer who does not replat it again before building on it. Ms.
Knoblauch commented that there are laws requiring adequate storm water management for any
new development.
A short recess was taken.
IV. Reports on meetings of the Housing and Redevelopment Authority,
Council, and Board of Zoning Appeals
The commissioners reviewed meetings they attended.
V. Other Business
Y l
Minutes of the Golden Valley Planning Commission
August 12, 1996
Page Eleven
A. Review of Attendance
Chair Prazak reviewed the attendance report. No action needed to be taken.
B. Reschedule Planning Commission Meeting of September 23, .1996
The commission reviewed their calendars and suggested the Planning Commission hold their
2nd meeting on the fifth Monday, September 30 due to the Jewish Holiday on September 23.
All agreed:
C. Winnetka Avenue Post Office Site
City Planner Knoblauch commented that the HRA has reopened discussion on the best use of
the old post office site. As one of the Council liaisons to the Commission, Mayor Mary
Anderson said that she would attend a Planning Commission meeting to discuss this issue.
VI. Adjournment
Chair Prazak adjourned the meeting at 9:17pm.
,~;
Lewis, Secretary