Loading...
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