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11-12-01 PC Minutes Regular Meeting of the Golden Valley Planning Commission November 12, 2001 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, November 12,2001. Vice Chair, Shaffer called the meeting to order at 7 pm. Those present were Commissioners Eck, Groger, McAleese, Rasmussen and Shaffer. Also present were Director of Planning and Development Mark Grimes, City Planner Dan Olson, and Recording Secretary Lisa Wittman. Absent were Chair Pentel, and Commissioner Hoffman I. Approval of Minutes - October 22, 2001 Planning Commission Meeting MOVED by Eck, seconded by Groger and motion carried unanimously to approve the October 22, 2001 minutes as submitted. II. Continued Informal Public Hearing - Zoning Code Text Amendment Applicant: International Health Care Services Address: Commercial, Light Industrial, Industrial, Business and Professional Offices, and Institutional Zoning Districts, Golden Valley, MN Purpose: The applicant is requesting to add "Adult Day Care Centers" as a Conditional Use to the City's Commercial, Light Industrial, Industrial, Business and Professional Offices, and Institutional zoning districts. Olson stated that this hearing is a continuation of the informal public hearing held on October 22,2001 and that he had done further research on Adult Day Care Centers and is recommending that Golden Valley use the State of Minnesota's definition of Adult Day Care Centers. He stated that this would be a change to the City's Commercial, Light Industrial, Industrial, Business and Professional Office and Institutional zoning districts. He stated that for parking requirements he is recommending 1 parking space for each 7 persons cared for and 1 parking space for each employee. Olson discussed the possibility of the using the term "daytime activity centers" instead of "adult day care" but stated that upon further review, daytime activity centers are considered quite different from adult day care centers. He recommended that after the first of the new year, the Planning Commission review and discuss possible Zoning Code revisions to daytime activity centers, day care and child care facilities. Minutes of the Golden Valley Planning Commission November 12, 2001 Page 2 Eck referred to the definition that Olson provided and stated that it refers to functionally impaired adults. He stated that he got the impression from the applicant at the last Planning Commission meeting that he wasn't necessarily talking about functionally impaired adults, but in some cases, simply older, socially isolated adults. He asked how that use would fit into the proposed definition that refers to functionally impaired adults. Olson referred to the proposed definition where it states that adults requiring support to maintain independence in the community was one of the conditions and he felt that socially isolated adults would fit into that category. Eck questioned if the State might have some requirements in order to qualify under that section of the definition, or if their clients might have to be functionally impaired in some way. Olson stated that the applicant has already received a license from the State using their existing definition of an adult day care facility. McAleese stated that he thinks it makes sense to add this definition to the churches and schools part of the Institution Zoning district, but he didn't think it would work as well in the 1-2 and 1-4 categories of libraries, museums and parks. Olson stated that his intention was to allow these types of facilities to be built in the Institutional District and not necessarily be allowed to go into an existing library or school or church. McAleese stated he would rather change the underlying zoning rather than fitting it into a place where it doesn't belong. McAleese referred to other cities parking recommendations and asked Olson why his parking recommendation is 1 space for every 7 persons cared for. Olson stated that he was thinking of the proposal from the applicant and their existing parking conditions, but stated that the Planning Commission could change those numbers if they wanted to. Grimes stated that as part of a Conditional Use Permit one ofthe things staff looks at is if there is adequate space for dropping off clients. Groger stated that he would be inclined to require more stringent parking requirements. Rasmussen asked for the definition of daytime activity centers. Olson stated that it is not defined in the Zoning Code but the intent is more for job training and not social functions. Shaffer opened the public hearing. Michael Tobak, Applicant, clarified that the state statute says that having substantial difficultly in carrying out one or more of the essential major activities of daily living is considered an impairment such as requiring glasses to see or having to use a cane to walk. Eck asked if applicant's facility would care for people who are basically physically healthy but who are socially isolated. Tobak stated that their clients are all handicapped Minutes of the Golden Valley Planning Commission November 12, 2001 Page 3 in one way or another, but they must have some sort of physical condition that would not allow them to work or learn normally. Shaffer closed the public hearing. MOVED by Groger, seconded by Rasmussen and motion carried unanimously to approve the proposed change to the Zoning Code text to add "Adult Day Care Centers" as a Conditional Use to the City's Commercial, Light Industrial, Industrial, Business and Professional Offices, and Institutional Zoning districts with the condition that the parking requirements are changed to one space for every five persons cared for and one space for each employee. III. Informal Public Hearing - Conditional Use Permit (CU-91) Applicant: BP Products North America, Inc. Address: 600 Boone Avenue North, Golden Valley, MN Purpose: The Conditional Use Permit would allow for the existing gasoline service station, car wash, and convenience store to be replaced with a gas station, coffee cafe, car wash, and convenience store. Grimes referred to his memo dated November 7,2001 and stated that the applicant is proposing to tear down the existing Amoco gas station located at 600 Boone Avenue North and replace it with a new 4,200 square foot gas station/convenient store and a 792 square foot detached car wash. He stated that the surrounding properties are mainly industrial and commercial in use. He stated that most of the staff concerns, including the location being in the floodplain and traffic issues are addressed in the City Engineer's memo dated November 6, 2001. He stated that the applicant and the City Engineer would be discussing the need for extra water storage capacity on the site before the proposal goes on to the City Council and that the Board of Zoning Appeals would also be looking at the proposal in regard to setback issues. He discussed the parking requirements and stated he thought it would be appropriate to have one space for every 500 square feet so they would need 23 spaces and they have provided 28 spaces. He stated the gas pumps will have speakers and TV. screens on them for internet connection, which will produce some noise, but he doesn't think it will be a concern in this area. McAleese questioned the language in item number 8 in the recommendation section of Mark Grimes' memo dated November 7,2001 and stated that instead of saying this proposal should be "acted" on by the Board of Zoning Appeals it should say the proposal will be "approved" by the Board of Zoning Appeals before it is sent to the City Council for action. Grimes stated that if the Board of Zoning Appeals denied the request, the applicant could appeal it to the City Council, but agreed the wording should be changed. Minutes of the Golden Valley Planning Commission November 12, 2001 Page 4 Eck asked about the future improvements to Boone Avenue, which Grimes spoke of and asked if he was referring to the intersection at Boone Avenue and Highway 55. Grimes stated he was referring to all the improvements on Boone Avenue because of problems with flooding in the area. Eck asked if there are any plans in place to change the elevation of the intersection so that it will not flood. Grimes stated that has been an ongoing problem, but this proposal will help the situation with extra water storage capacity and easements for right-of-way expansion. Shaffer asked if the Planning Commission should put something in their recommendation saying the City is not liable for anything due to the flooding in that area. Grimes stated the applicant is aware of the existing situation, but they could add something to their recommendation if they wished. Shaffer stated that the proposed entrance on Golden Valley Road seems too close to the intersection and asked if this proposal would make that intersection worse. Grimes stated that the applicant has spent a lot of time with the Traffic Engineer and the City Engineer and that they felt this was the best way to do it and the way it would work best. Jeff Wurst, BP Local Real Estate Manager, gave an overview of the operation and the company. He showed pictures of how the new facility will look on the outside and inside. He stated that they are attempting to do a very upscale design, something different than a traditional convenience store. He discussed the lighting concept and the canopy design. He discussed the technology incorporated into the design of the store and stated the gasoline dispensers are internet connected and touch screen activated. He discussed the Wild Bean Cafe that will be inside the store and stated they will offer breakfast items and fresh sandwiches at lunchtime. He stated that the cashiers are in the back of the store and that there are large windows all along the front for safety and a feeling of openness. Shaffer asked if there would be outdoor speakers on the site and if so, what they would be used for. Wurst stated that the speakers wouldn't be used for music or for promotions but rather for communication with the customers on an as needed basis or for any safety issues. Eck asked if the cashier located in the back of the store creates more problems with drive-offs. Wurst stated that with the glass windows all along the front there isa clear line of vision and all the cars would be in full sight. Grimes asked if they intend to put signs in the windows. Wurst stated they might want to put some signs on the glass but it would be at the top of the windows because they don't want to defeat the open look of the store. Rasmussen asked the applicant to discuss the traffic flow and parking. Wurst stated that they have provided as much parking as possible adjacent to the store in the effort to get customers to park close to the store to keep the aisles free. Minutes of the Golden Valley Planning Commission November 12, 2001 Page 5 John Kosmas, KK Design, discussed traffic patterns and flow. He stated that originally he proposed a different traffic pattern but in working with the Traffic Engineer they evaluated the count and the existing traffic in the area and came up with the proposal they have now. He stated that BP has agreed to an easement on the property, which will help accommodate a sidewalk and free up some of the right-of-way area. He discussed the outdoor speakers and stated that they will not be in the canopy, but rather at the individual pumps. He stated the entire site would be monitored by video cameras. Linda Fisher, Larkin, Hoffman, Daly & Lindgren, 1500 Wells Fargo Plaza, representing the applicant, clarified that the applicant concurs with all the recommendations made by staff with the exception of not allowing outdoor speakers. Also, she stated she is confident that the details of water storage on the site would be worked out before the proposal goes to the City Council. Shaffer opened the public hearing. Seeing and hearing no one he closed the public hearing. McAleese stated that the proposal is attractive and that he is in favor of it. He stated he has some concerns about the traffic, but given the existing situation and the busy intersection, anything going in at that site would cause problems with traffic. He stated he is not opposed to the outdoor speakers being proposed at this location and stated he has no strong objections to signs going in the upper part of the windows, but is concerned about signs being placed all over the windows. Grimes stated that the City can limit the applicant to just the sign bands that have been proposed across the top of the windows and that no signs would be allowed below eight feet. He mentioned that the staff is in the process of reviewing the sign ordinance. MOVED by Groger, seconded by Eck, and motion carried unanimously to approve the Conditional Use Permit which would allow for the existing gasoline service station, car wash, and convenience store to be replaced with a gas station, coffee cafe, car wash, and convenience store with the conditions that there be no signage in the windows below seven feet, the speaker use is kept within a reasonable volume and are placed on, or in the gas pumps and not overhead in the canopy, the site, building and engineering plans submitted by BP Products North America Inc. shall become a part of the approval, there are no limitations on hours of operation, the recommendations of City Engineer Jeff Oliver, PE, as found in his memo to Mark Grimes dated Nov. 6, 2001 shall become a part of the approval, any signage for the building and site must meet the signage requirements of City Code, all applicable state, local and federal requirements shall be met including the City's building, landscaping and fire codes, outdoor lighting shall be designed and used in such as way to minimize unnecessary light spillover, the variances requested by BP Connect must be acted on by the Board of Zoning Appeals before this recommendation is sent to the City Council for action Minutes of the Golden Valley Planning Commission November 12, 2001 Page 6 IV. Informal Public Hearing - Minor Subdivision (SU 09-04) Applicant: Joe Silitz, Mary Youngren, and Will Fisher Address: Lots 21 & 22, Block 2 Spring Green, located at 609 and 613 Turnpike Road, both in Golden Valley, MN Purpose: The applicants are requesting a subdivision of the two parcels of land in order to redraw the property line between these parcels. This property line change will allow for driveway and retaining wall encroachments to be corrected and for the property owner at 609 Turnpike Road to build a third stall garage. Olson showed the location of the site and stated that the applicants want to redraw the property line between their two properties to correct some driveway, shed and retaining wall encroachments on their properties and to also allow the homeowner at 609 Turnpike to build a third stall on their existing garage without having to get variances. He stated that one of the qualifications for a subdivision is that it must meet the requirements of the appropriate zoning district so this proposal would require a variance from the subdivision ordinance because there are nonconformities at each property. He stated that atter the property lines are redrawn the only nonconformity at 609 Turnpike would be a shed that would not meet the accessory building requirements of the Zoning Code and he recommended that the applicant be required to move it to conform to the setback requirements. The nonconformities at 613 Turnpike include a front yard setback that does not meet the required 35 feet and the north side yard setback that does not meet the 15-foot requirement. He stated that staff is recommending approval of the requested subdivision. McAleese asked if the Planning Commission could attach conditions to a subdivision. Grimes stated that generally the Planning Commission doesn't, but in this case it seems to be a reasonable request. He stated that when the applicant comes in to get a building permit for the garage he would also be told at that time that he would need to move the shed as part of building permit procedure. Rasmussen stated that it seems like a gain to City, because then the applicant wouldn't require variances to build the garage. Grimes stated that if the property owner at 613 Turnpike ever wanted to add on to their house in the future, they would then need to go to the Board of Zoning Appeals for variances. He stated that approving this proposal is simply allowing the subdivision. Shaffer opened the public hearing. Will Fisher, 613 Turnpike Road, stated that the house is a cement block house, with cement block floors so therefore, they can't really do anything to the house and they don't intend to add on to it in the future. MOVED by Eck, seconded Rasmussen and motion carried unanimously to approve the requested minor subdivision with the following conditions: 1) The existing shed at 609 Minutes of the Golden Valley Planning Commission November 12, 2001 Page 7 Turnpike Road be relocated on the property to conform with Accessory Building setback requirements in the Residential Zoning district. 2) The City Attorney will determine if such a title review is necessary prior to approval of the final plat. 3) The Certificate of Survey submitted by the applicants, dated October 17, 2001 shall become a part of this approval. v. Informal Public Hearing - Conditional Use Permit Amendment (CU-90-01) Applicant: Auto Point, Ltd. Address: 9130 Olson Memorial Highway, Golden Valley, MN Purpose: This permit would amend the existing Conditional Use Permit to allow for indoor sales of used automobiles in a Commercial zoning district. Olson showed the location of the site and stated that this request is to amend the recently granted Conditional Use Permit to allow outdoor auto sales. He stated that this request is to allow the indoor sale of twenty automobiles. He stated that the Deputy Fire Marshal has reviewed the plans and feels it is feasible to display that number of automobiles in the building. He.discussed the parking requirements and stated that they are required to have 10 spaces, but are providing 15. Eck stated there was an indication when they requested the original Conditional Use Permit that they would want to provide an inside showroom and asked why this wasn't requested originally and done in one action. Olson stated he didn't know the specific reason why the applicant chose to wait but stated that he recommended to the applicant to apply for both indoor and outdoor sales Conditional Use Permits at the same time. Rick Foreman, Applicant, stated that the reason they chose to wait is because they were required to install a fire suppression system for the indoor showroom, which took longer than they thought, but they wanted to open their business for outdoor sales and not wait until the fire suppression system was installed. McAleese asked the applicant what his plans were for signage in the windows. Foreman stated that he has no intentions for indoor window signs and that they are using the existing pylon sign. Groger asked if they were going to put signs on the cars. Foreman stated that only the stickers will be on the cars, but no other signs will be on the cars. Shaffer opened the public hearing. Hearing and seeing no one he closed the public hearing. Minutes of the Golden Valley Planning Commission November 12, 2001 Page 8 Groger stated the conditions for approval should be taken from the original Conditional Use Permit dated October 16, 2001 and not from Olson's memo dated November 7, 2001 due to the changes that were made since the original request. MOVED by Groger, seconded by Rasmussen and motion carried unanimously to approve the Conditional Use Permit request with the following conditions: 1) The site be limited to the sale of 40 vehicles and that 15 spaces be designated for employee and customer parking. 2) All signage meets the requirements of the City's sign ordinance. There will be no signs displayed or painted in car windows. There will be no signs painted or displayed from windows in the building. 3) The recommendation of Deputy Fire Marshal Ed Anderson found in his memo to Dan Olson dated September 10, 2001 shall become a part of this approval. 4) The Building Official shall approve any additional lighting of the site. Lighting shall be turned down after 8 pm. 5) No more than 8 employees shall work at the site due to parking constraints. 6) The hours of operation for the sale of cars shall be limited to 9 am to 8 pm Monday-Saturday. There shall be no sales of vehicles on Sunday. 7) No outside speakers shall be permitted on the site. 8) All other applicable local, state, and federal requirements shall be met. 9) Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. -- Short Recess -'- VI. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings McAleese discussed the City Council Meeting he attended on November 7,2001 and stated the Council unanimously denied the request for a Conditional Use Permit by Airport Taxi and Town Taxi. VII. Other Business A. Discussion of December 24, 2001 Planning Commission Meeting The Planning Commission decided to cancel their December 24,2001 meeting. VIII. Adjournment The meeting was adjourned at 8:41 pm.