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08-11-03 PC Minutes . e . - . Regular Meeting of the Golden Valley Planning Commission August 11, 2003 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, August 11,2003. Chair Pentel called the meeting to order at 7 pm. Those present were Chair Pentel and Commissioners Eck, Groger, Keysser, McAleese, Rasmussen and Shaffer. Also present were Director of Planning and Development, Mark Grimes and Administrative Assistant, Lisa Wittman. I. Approval of Minutes - July 14, 2003 Planning Commission Meeting Eck asked that the third and fourth paragraph on page five be clarified. Groger explained that in the third paragraph he was saying that his concern was not just with larger developments but also spot properties where there are individual houses and that there may be a way to tie in larger redevelopments with smaller site redevelopments as well. Pentel explained that in the fourth paragraph she was saying that larger developments would need to connect to the City's existing pedestrian grid and make sure that they have excellent traffic grid connections if they are going to be increasing density in neighborhoods. MOVED by Keysser, seconded by Eck and motion carried unanimously to approve the July 14, 2003 minutes with the above listed clarifications. II. Informal Public Hearing - Planned Unit Development (PUD) No. 46 - Amendment No.4 Applicant: Calvary Lutheran Church Address: 7520 Golden Valley Road, Golden Valley, MN Purpose: The applicant would like to add, expand and reorganize spaces such as the narthex, offices, a music wing and meeting rooms. Grimes referred to the site plan submitted by the applicant and stated that they are proposing several significant improvements to the church to accommodate their growing programs and congregation. He stated that the total occupied space currently is approximately 97,000 square feet and that after the proposed additions are complete the occupied space would be approximately 245,000 square feet. He explained that the majority of the space in the proposed office building would be for the new daycare facility, meeting rooms, classrooms and church offices. He referred to the current . e . e . Minutes of the Golden Valley Planning Commission August 11 , 2003 Page 2 daycare area on the site plans and explained that that would be used for a new parking area and that future plans include a parking deck above this new parking area as well as a new chapel at Golden Valley Road and Pennsylvania Avenue. Grimes referred to the traffic study submitted by the applicant. He stated that the City's Traffic Engineer reviewed it and feels that the City's streets are adequate to handle Calvary's proposal without a significant impact. He added that the biggest impact would be to the applicant's own parking lot, but that they do have parking arrangements with businesses in the area. Pentel referred to the area along Pennsylvania Avenue which does not meet setback requirements and asked Grimes if there were any other areas that weren't meeting the City's setback requirements. Grimes showed the other areas that are not meeting setback requirements and explained that this site is a Planned Unit Development. He stated that City Engineer Jeff Oliver is concerned about the freight dock area being proposed on Pennsylvania Avenue that is narrow at that location. Also the street would have to be completely restored if the freight dock were built there due to cutting into the recently reconstructed Pennsylvania Avenue. He stated that Mr. Oliver has suggested that they locate the loading dock to an internal location on the site. Grimes stated that the City has received complaints, mostly from the neighborhood north of rail road tracks, regarding noise coming from the applicant's outdoor worship services. He explained that the applicant has changed the times for the outdoor worship on Sunday morning. The first service now starts at 10 am rather than 8 or 8:30 am. He said that the City has gone through the process to monitor the noise and that none of the test results have exceeded the state noise standards. He stated that he is suggesting that representatives from the neighborhood and the church enter into a process to resolve the noise issue. Groger asked Grimes if he thought there would be enough time to resolve the outstanding issues before the proposal goes to the City Council. He asked when the applicant was planning to start construction. Grimes stated that the applicant wants to start construction this year and that they are on a real tight time schedule. He stated that he would like to see something resolved on the noise issue before they start construction. Grimes told the Commission that the City has 60 days to review Calvary's application and that if they feel they need more information from Calvary they can ask for it. Rasmussen asked if there would be enough time to require the applicant to move the loading dock to a different location on the site before the proposal goes to the City Council. Grimes suggested that the Planning Commission could either make it a condition of approval that the loading dock be moved or allow it to go to the City Council as it is being proposed and it can be changed before the general plan submittal. He added that the City Engineer feels very strongly about moving the loading dock off . e . e Minutes of the Golden Valley Planning Commission August 11 , 2003 Page 3 Pennsylvania Avenue because of the narrowness of the street and the integrity of the new street. Steve Dornbusch, Sr. Pastor at Calvary Church discussed the history of the Church's decision to expand and stay in Golden Valley. He stated that they spent an entire year studying how to maximize their ministry and their needs and looking at the needs of the community. McAleese referred to the peak periods of traffic written about in the traffic study and asked Dornbusch if he thought it was correct that the proposed building additions would not have much of an effect on Wednesday evening traffic. Dornbusch stated that was correct and that some numbers would be added to Wednesday night programs after the additions, but that it should not have a negative effect on traffic. Groger asked Dornbusch what his take was on the noise and what steps have been taken to help the situation. Dornbusch stated that they have been doing outdoor services for 14 years and that it has been basically in the last year that they have had complaints about the noise level. He explained that the most major action the Church has taken to help solve the issue is changing the service time from 8:30 am to 10 am because they thought it was important to be a good neighbor. He said that the Church has contracted with a private sound company to help them come up with solutions and that one recommendation was to add speakers so they are closer to the people and don't need to be turned up so loudly. Another recommendation was in-ear monitors worn by musicians. He stated that they are willing to get together with the neighborhood but that he is skeptical about doing anything that will please some of the neighbors because they won't be pleased until the Church is not doing outdoor services at all. Keysser asked what has changed in the last year to cause the neighbors to complain if there hadn't been any complaints in the last 13 years. Dornbusch stated that he wasn't sure what changed but his hunch is that the services are somewhat louder because they average 700 to 900 people on Sunday. Keysser asked if they have explored the option of using acoustical instruments. Dornbusch stated that the consultants have advised against that and have said acoustical instruments might be worse. Eck asked if it would be accurate to say the noise level is at the minimum level to get the sound out. Dornbusch stated that there are times the sound could be lower and there are times when people have asked for the sound to be turned up. Shaffer stated that he was at the service on the previous Sunday and asked what the . noise level was like for the congregation that day. Dornbusch said that was a fairly good . e . e . Minutes of the Golden Valley Planning Commission August 11, 2003 Page 4 indication of a typical Sunday service and that the volume could not get much lower than it was on that day. Shaffer asked Dornbusch if he could see any compromise. Dornbusch stated that they have taken a huge first step by changing the service time and adding speakers. He said that they are not willing to give up their outdoor services. Pentel suggested using acoustical music and amplified voices. Dornbusch said that they have talked about that option, but they have not tried it. Rasmussen suggested renting some of the equipment that the sound company recommended so a huge investment wouldn't have to be made. Dornbusch said they could try that. Rasmussen asked about turning the stage in a different direction. Dornbusch said they could possibly do that, but there are landscaping issues. Pentel asked if they would consider one less outdoor service on Sunday mornings. Dornbusch said no, they wouldn't. Richard Stuerman, BWBR Architects, referred to the site plan and showed the Commission where they are proposing to put the loading dock. He explained that the loading dock is not intended to be up off of the ground and that it is just an entrance but that they could make other arrangements to move it to a different location. Pentel asked where the garbage enclosure would be located. Stuerman pointed out the location of the trash enclosure on the site plan. Shaffer asked if the proposed building additions would be made of similar materials as the existing buildings. Stuerman said yes, the additions would be made of brick and would match the existing buildings. Eck stated that it his understanding that the pond may need to be increased and asked Stuerman if he knew by how much. Stuerman stated that it was his understanding that that was not the case, but if the pond does need to be increased it will meet all the standards. Shaffer asked if the Church has outlined how many parking spaces they'll have available during construction. Stuerman showed on the site plan where the staging area for the construction would be located. Grimes added that they do have off-street parking available. Pentel opened the public hearing. John Paulson, 320 Edgewood Avenue North, said that he has been a resident of Golden Valley since 1955 and that he thinks Calvary is an asset to the City. He said the Planning Commission, the City Council and the citizens should be grateful because the . - . e . Minutes of the Golden Valley Planning Commission August 11 , 2003 Page 5 addition will be an asset and having Calvary in Golden Valley adds prestige. He stated that the added traffic and parking is small compared to the current amount of traffic on the slowest day of the week. He questioned what the people who built homes by the railroad would do in regard to noise if a train went by everyday at 6 am. Kathy Julius, 1008 Quebec Avenue North, said that she has been a resident of Golden Valley for 16 years. She said that she has looked at Calvary's plans and that she doesn't have any particular concerns about the proposal, but she does have concerns about the level of noise. She said she does not object to the expansion but that it should be postponed until the neighborhood and the Church have had time to work out the noise problems. She stated that she is aware of neighbors complaining of the noise level of the Church's outdoor services for five years and added that it is intimidating to call the Church to complain about the noise level. She said given the disagreement and not knowing if part of the noise issue is the sound bouncing off the existing buildings, she finds it disconcerting to read that a three story building is being added. She said that the spoken word is almost inaudible, but the music blasts them out of the neighborhood and the Church is forcing the neighborhood to worship the way they do. Diane Aldis, 1012 Rhode Island Avenue North said she realizes what an asset Calvary Church is to the community but that she is a neighbor where the noise is very loud and has been for many years. She said that she has traveled to a lot of other countries and what she really values as an American is her freedom of religion and it is frustrating having to listen to music that is not of her religious choice at home with the windows closed and curtains drawn and it still comes through so loudly that she sometimes has to leave. She said she strongly encourages postponing this proposal until the noise issue can be resolved. She said that she was aware of the community meeting Calvary held but that the men that came to her door were trying so hard to get her to join their Church that she felt like it wasn't an honest attempt but more of a chance to get her to join instead, so she felt intimidated and didn't go to the meeting. Dr. James Sipe, 1421 Jersey Avenue North said he would like the Commission to consider that this issue is far beyond noise. He said that he thinks before the Planning Commission proceeds the next thing would be to hire a consultant to help deal with issues related to power, control, resentment and grudges. He stated there needs to be help negotiating an agreement to help the neighbors and the Church get along, live together and make accommodations to one another which is the spirit of all of their religious differences. Tom Kanthak, 1012 Rhode Island Avenue North said he moved to Golden Valley five years ago and when he complained to the Church he was told that he was the first person who ever complained about the noise. He said he found out later from various neighbors that they had been complaining for eight years, three years prior to him moving to Golden Valley. He said that the noise has a significant effect on their property value and had he known about it he may not have bought his house. He stated that he is a musician and that he did a recording of the outdoor service from his screen porch . e . e . Minutes of the Golden Valley Planning Commission August 11, 2003 Page 6 the previous Sunday. He played the recording for the Commission. He explained that there has been extensive research done on soundscape design and if the sound is bouncing off of the building there are baffles, walls, trees, bushes and other things that have not been tried to reduce the noise level. David Throldahl, 1012 Sumter Avenue North, stated he is a Christian and a Lutheran but he thinks the noise is excessive and too loud. He said when he can hear a bass drum in his home with the windows down it's just simply not neighborly. He stated that he has a degree in audio engineering from the University of Colorado and that he is not seeing principles being applied that can be found in many audio text books. He said it is unfortunate that City time and police time has been wasted to address an issue that to him is embarrassingly simple. He stated that he hasn't heard anyone from the neighborhood asking the Church to stop worshipping outside, rather they are willing to compromise but don't want to be forced to hear the type of music being played. He said he doesn't want to hear an electric guitar solo when he is sitting on his back porch and that they are not looking at this from a common sense point of view and putting themselves in others shoes. He said he supports the right of the church to grow and to worship outside and that he thinks there are other solutions such as an acoustic service. He said that he took his own sound reading and it was 84 decibels from a distance of 20 feet from one of the speakers. Karl Cambronne, 7310 Duluth, Chair of the Building Committee for Calvary Lutheran Church, stated they are absolutely willing to meet with the neighbors and that they are dealing with a number of people who are upset and all they can do is try. He said what concerns him is that they have three Sundays left to try to come up with a solution. He said that they can not as a Church allow people who are not members to dictate the type of music they play. He said they are serious about trying to fix this problem, but he doesn't want the Planning Commission to say that they have to solve this problem before they can go forward with the building project. He said they will negotiate with the neighbors in good faith but whether or not they "solve" the problem they won't know. Pentel stated that this public hearing is a chance for everyone to come forward and speak. She said that she understands how citizens can feel intimidated going to a large institution and complaining. She said it is the Planning Commission's duty to listen to everyone and to take as long as it takes and to listen to everyone, that this is their chance, this is their public hearing. Keysser stated that he is not hearing anyone say kill the music, he is hearing them say turn it down. Dayton Soby, 3545 Dunbar Knoll North, Brooklyn Park, stated he is a member of Calvary Church and that he wanted to steer the discussion in a different direction and bring the focus back to the PUD application. He said that the people against this proposal are in the wrong forum and that it is the Planning Commissioners job to look at the plans and see if they meet City standards. He asked if the noise issues are grounds . e . e . Minutes of the Golden Valley Planning Commission August 11,2003 Page 7 for delaying the building project. He stated that the plans don't include anything in the Calvary Park area and they are not putting in towers to proselytize to the neighborhood. He said Calvary is going to start the dialogue with the neighborhood but that it is wrong to say the PUD should be delayed because of something that isn't relevant. He said the issue really is if the PUD meets the City's standards. Molly Lyons, 1012 Quebec Avenue North, stated that the noise started in 1961 with the noise from the bells and that the noise is so loud now that she could take a notebook out and write the sermon. She said there is a total lack of response whenever she calls the church and that she thinks this is a serious issue that needs to be addressed. Steve Dornbusch said that the discussion that has been held at this meting is not at all a discussion he has ever heard. All he has ever heard is angry people with loud voices and intimidating language and people who have never responded to their invitation to talk about the noise issue. He said that the calmness with which this has been talked about is not indicative to what he has heard and that he is more than happy to have a discussion on that kind of level. Pentel, hearing and seeing no one, closed the public hearing. Rasmussen asked Grimes to clarify for the audience why the noise issue is being discussed at this meeting. Grimes stated that since this is a PUD it includes how the church campus is used. He said that once a PUD is opened up the City has a right to look at the entire operation and staff feels the noise issue is a legitimate concern to look at. Eck stated that the physical plan is well thought out and makes sense with a few small things that would be taken care of with the staff recommendations. He said that in regard to the noise issue he equates it to smokers' rights and smokers saying they have a right to smoke wherever they want to and non-smokers saying yes, but they have the right not to breathe the smokers' air. He said when the church plays their music it affects the neighbors and that they need to go more than the extra mile to make sure people's rights are not offended in any possible reasonable way. Keysser stated he agrees that the church is a major asset to the community and he respects their right to worship as they wish to worship. He said that he hasn't heard anyone ask the church to stop the music only to turn it down or re-direct it. He said that people have brought several good ideas to address the problems and that it is a shame this is the first time a civil conversation has been held to discuss the noise issues. Groger asked if they have a legal right as a city to say no to this proposal based on the noise issue alone. He said that noise has been an issue in several other proposals the Planning Commission has discussed and it is definitely something impacting the neighbors and having an adverse effect on the neighborhood. However, there aren't any significant concerns about the building being constructed. . e . e . Minutes of the Golden Valley Planning Commission August 11, 2003 Page 8 Grimes said the City does have the right to look at sound as one factor in evaluating this proposal. He stated that music is a traditional part of American worship and that he feels there is room for compromise between the Church and the neighborhood and offered to be the City Representative at meetings with the Church and neighbors to help come up with a solution to the noise issues. Groger said his concern is even though he has no objection with the building being proposed this is when the City has leverage to address the noise issue and with only three weeks left this summer if this proposal passes through with some vague statement that the parties should attempt to mitigate the problem, there is no guarantee that anything will ever actually happen to improve the situation next summer, or for the next twenty years. He said he doesn't see any concrete condition that the City can place on this proposal that would set some quantifiable goal to be reached to make this acceptable. McAleese stated that noise pollution has only become an issue in the last five years or so and that the Planning Commission has adopted the position that does not allow electronic noise and that is the standard applied to everybody and in general that seems reasonable and it is his feeling that they don't allow other uses to engage in that sort of practice and he can't see a reason to draw a special line in this case. He said there is a difference between singing and worshipping and amplifying music. He said he would like to see a process that will lead to a resolution but that there has to be an end point and a guarantee. He suggested allowing electronic music to continue for a period next summer with attempts to ameliorate the problem then a drop dead date could be set to say no music after that point unless a solution has been developed. Keysser said he is a little reluctant to tell the Church they can have no outdoor amplification of music because today's Christian music is rock oriented. He suggested letting them have amplified music, but have them redirect the sound. He said he thinks there are a number of things that could be done that would lower the sound sufficiently and that a possible resolution would be to measure decibel levels. Pentel stated that she agrees that the current idiom is to have rock music but that they have a sanctuary within which they can do whatever they like and it won't affect the neighbors. She said perhaps they need to have a different approach when they are going to hold services outside that affect the neighborhood. She said that the City does not reduce the number of services they can hold and it does not tell them what they can or can't do within the confines of their building. However, when they are outside and affecting the neighborhood she thinks it is reasonable for the City to set some standards. Grimes said he agrees and he is recommending that between now and the general plan approval that a solution regarding the noise issue needs to be reached. . e . e Minutes of the Golden Valley Planning Commission August 11 , 2003 Page 9 Pentel said she is also in favor of holding the church to the same standards as other businesses are held to. She said this is the City's opportunity to address some issues that have come up and that it is the City's responsibility to address these issues, not the church's job to please the neighbor's or the neighbor's job to change the church. Shaffer asked if the City has seen an acoustical engineers report. Grimes said no and that the church has had the work done and reported to staff what the engineers have said. Shaffer said he would like to see a report on what the decibel levels are. He said he sees this as a neighbor to neighbor issue and that there has to be a resolution to the music issues defined in this PUD but sending it to mediation could mean it could be resolved or it could mean it could never be resolved. Pentel asked if there would still be time to see an acoustical engineer's report. Grimes stated that he does have the information from the Pollution Control Agency if the Planning Commission wanted to look at it. McAleese said that it seems to him that the Commissioners are all in agreement that something needs to be done, but they don't know what needs to be done and that the only thing they can do with the noise is to treat it like they have treated other noise issues in the past and that is to say stop it. He said it makes sense to let the church go ahead with the building expansion and he thinks there are solutions and he would like to see the City involved with it but he can't vote for it like it is right now because he needs to know that a solution will be in place. He said that the City shouldn't be relying on the Church's good faith only, because that won't solve problem. He said he thinks the City is on firm ground telling them they can't have electronic amplification of music. He suggested recommending ceasing all electronic amplification of music by July 1, 2004 to allow the church to come up with a plan to resolve the noise issue. After that, the Church could come back to the City with an application to amend their PUD. Grimes said he is concerned about not allowing the spoken word to be amplified when they are speaking to 500 people. Groger stated that he is concerned about sending the church down a path with no destination by saying they must have some sort of plan by July 1, 2004. He asked if another option would be to postpone the proposal to get more information. Grimes said he would like to see some sort of plan by the time the General Plan application is submitted. McAleese said the reason he suggested a drop-dead date is so the Church can move forward with the building expansion and the City would be treating the Church the same way it's treated many other situations. Pentel referred to the new parking area along Pennsylvania Avenue and stated that she would like to see a berm or plantings put there as a condition of approval. Grimes said . that the church would be submitting a tree preservation plan. . e . e . Minutes of the Golden Valley Planning Commission August 11 , 2003 Page 10 MOVED by McAleese, seconded by Keysser and motion carried unanimously to approve the request by Calvary Church to amend PUD #46 as requested subject to the conditions listed below. 1. The plans submitted with the application and prepared by BWBR Architects shall become a part of this approval. The plans are dated June 30, 2003. 2. The findings and recommendations found in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development and dated August 7, 2003 shall become a part of this approval. 3. The memo and comments from Ed Anderson, Deputy Fire Marshal, to Mark Grimes, Director of Planning and Development and dated June 25,2003 shall become a part of this approval. 4. The Church shall cease the electronic amplification of music and spoken word for services and events at Calvary Park on July 1, 2004. 5. A berm or plantings shall be put in along the new parking area on Pennsylvania Avenue. III. Informal Public Hearing - Planned Unit Development (PUD) No. 66 - Amendment No.2 Applicant: Jim Lupient Address: 7000 and 7100 Wayzata Blvd, Golden Valley, MN Purpose: The applicant would like to expand the Infiniti dealership building to create an attached service facility on the north end of the building. Grimes explained that the applicant is requesting a second amendment to the JLO Addition PUD No. 66 which would allow them to expand their Infiniti dealership building. He stated that the proposed expansion would cause a reduction of 50 parking spaces at the northwest corner of the site where it would be located. Grimes stated that Lupient has complied with the requirements from the PUD Permit for Amendment No.1 with the exception of signs. He said that staff is working with Lupient to bring the site in to conformity with the City's sign ordinance. He said that staff is recommending that no building permits for the proposed Infiniti building expansion be issued until the site is in conformity with the City's sign ordinance. Grimes stated that staff is concerned about the potential parking of vehicles in the green space on the site. He stated that he has talked to Lupient representatives and told them that the PUD amendment will include a specific condition that cars be parked only in designated parking spaces as shown on the site plan. Groger stated there were 737 cars parked up to 6 deep when he visited the site. . e . e . Minutes of the Golden Valley Planning Commission August 11, 2003 Page 11 Grimes said that the City's Public Safety Department has said that they have the access that they need on the site. He added that when he visited the site there were some cars parked in green spaces and right next to the buildings which isn't acceptable but that the most disturbing issue to him is the signage. Groger stated he remembered when the City approved the Infiniti building that Lupient promised to put in curb and gutter and various other improvements to the site. He asked why the City is even considering approving another amendment when the site is already grossly overcrowded and when Lupient is in violation of their current PUD Permit. He said he has a basic objection to even hearing this proposal when they are not even in compliance with their current PUD. Grimes said that they did do the things they said they would do up until the time they received permission from the City Council to stop. McAleese said that the City has some leverage in this case because there is a personal guarantee from Jim Lupient on file. Grimes said that he thought that the guarantee was expired and that it was for landscaping issues but McAleese said it was much broader than that. Grimes said he didn't know if the City was still holding the letter of credit. Paul Lyver, Director of Construction, Jim Lupient Automotive Group, said that parking at auto dealerships is always a problem. He explained the reasons for having so many cars on the lot. (Lupient recently purchased a Buick and Pontiac dealership and took their inventory. This inventory has been squeezed on to the Lupient site.) He stated that he doesn't have any problem with the City not giving them an occupancy permit until they are in compliance in terms of signage on the site. Pentel asked the applicant what they were going to do about the outside storage issues. Lyver said they would deal with it and Shaffer asked how. Lyver said they would not be increasing their inventory and that they would be more able to regulate and move some of their inventory. Shaffer asked if they had looked at re-striping the lot to make it work better. Lyver explained GM/Buick standards and stated that they would be bringing the building up to those standards. Grimes asked if representatives from GM come and look at the site. Lyver said they would. He discussed the problems with the parking lot and the parking lot deterioration and explained that it is sitting on pilings and 57 feet of peat. Groger asked if all of the existing service bays would remain. Lyver stated yes, and that the footprint of the building would remain the same. Groger asked the applicant what they plan on doing with the space in the existing building once the repair functions move to the lnfiniti service building. Lyver said that they are planning on moving some of their other functions to the space. . e . e . Minutes of the Golden Valley Planning Commission August 11, 2003 Page 12 Keysser suggested not issuing building permits until they conform to their current PUD Permit requirements. Grimes told the Commissioners that another option could be that Staff would not accept the application for the General Plan of Development until some of these issues are resolved. Pentel opened the public hearing. Seeing and hearing no one, Pentel closed the public hearing. The Commissioners discussed the conditions listed in Grimes' staff report and decided to add the following conditions: · Cars shall be parked on paved surfaces only, not in landscaped setback areas. . All outside storage shall be properly screened. · Garbage dumpsters shall be properly screened. · All conditions of the existing PUD Permit and the ones listed above shall be met prior to the acceptance of the general plan application submittal for the proposed Infiniti addition. MOVED by Keysser, seconded by Shaffer and motion carried unanimously to approve the applicant's request to expand the Infiniti dealership building to create an attached service facility on the north end of the building with the following conditions: 1. The Preliminary PUD Plans for Lupient Infiniti Addition prepared by RLK and dated 7/11/03 shall become a part of this approval. 2. If the property north of the Benihana Restaurant is no longer available for employee parking, the number of display or inventory parking shall be reduced to provide for adequate employee parking on-site. All parking (display, customer, inventory and employee) shall be in designated spaces as shown on the attached site plan. 3. A revised landscape plan shall be submitted prior to approval of the General Plan of Development. The landscape plan shall show all landscaping around the Infiniti building. 4. There shall be no signs on any vehicle on display other than the sign required by state law. No signs shall be painted on the window or surface of any vehicle. No balloons or other inflatabJes shall be attached to vehicles or buildings. 5. Cars shall be parked on paved surfaces only, not in landscaped setback areas. 6. All outside storage shall be properly screened. 7. Garbage dumpsters shall be properly screened. . e . e . Minutes of the Golden Valley Planning Commission August 11 , 2003 Page 13 8. The three buildings shall be for auto sales and auto service. Uses other than those specified above would require an amendment to PUD No. 66. 9. The building plans shall be reviewed by the Building Board of Review prior to issuance of any building permits. 10. The main parking lot lighting shall be turned down to security level lighting between the hours of 10 pm and 6 am. 11. All signs must meet the requirements of the City's sign ordinance prior to the construction of the Infiniti building. 12. There shall be no exterior public address system for any of the uses on the site. 13. The hours of operation shall be 7 am to 10 pm, Monday through Thursday, 7 am to 6 pm, Friday and 8 amto 6 pm on Saturday. 14. There shall be a new site plan submitted showing the designated parking spaces. 15. All conditions of the existing PUD Permit and the ones listed above shall be met prior to the acceptance of the general plan application submittal for the proposed Infiniti addition. IV. Informal Public Hearing - City Code Text Change Amendment Applicant: City of Golden Valley Purpose: To allow for retail sales and service in both the Light Industrial and Industrial Zoning Districts as conditional uses only. Grimes said that he did an analysis of other cities and was surprised at how many of them allow retail sales in their Industrial Zoning Districts. He explained he is recommending approvals of such uses only by Conditional Use Permit and that sales would be limited to a certain percentage of the building footprint, and would be accessory to the primary use and that the site would still require adequate parking. Pentel asked if the ordinance is changed if the City could look at the details of the operations. Grimes stated yes, that's why he is recommending approval only by Conditional Use. Groger asked Grimes if he found any cities that didn't allow retail sales in their Industrial Zoning Districts. Grimes said that all the cities he spoke with allowed it. Shaffer asked if the word accessory is defined someplace in the Zoning Code. Grimes stated it is defined in the definition section of the Code. . e . Minutes of the Golden Valley Planning Commission August 11,2003 Page 14 Evan Rice, Attorney at Faegre & Benson, 90 South 7th Street, Minneapolis stated that the ordinance being proposed is more restrictive than what they had originally proposed but it is still acceptable and a fair compromise and explained how the Hope for the City program works. Groger asked if the City would have the right to deny a proposal if it were too close to a residential area. Grimes stated yes, a proposal for retail sales in a Light Industrial or Industrial zoned district could be looked at the same as any other conditional use request. Groger asked if in a multi-tenant property zoned Light Industrial or Industrial, a user could rent 10% of the building and use it exclusively for retail sales if they didn't own the building. Pentel said no, and explained that the accessory sales has to be in the same building and can only be 10% of that building's footprint. Pentel said she likes the way the ordinance has been written and that she would be supporting it. MOVED by McAleese, seconded by Rasmussen and motion carried unanimously to approve the City Code Text Change Amendment to allow for retail sales and service in both the Light Industrial and Industrial Zoning Districts as conditional uses only. V. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. e VI. Third Review of Single-Family Residential Zoning District (R-1) The Commissioners decided to discuss this item at a later date. . VII. Adjournment The meeting was adjourned at 11: 15 pm.