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11-20-12 CC Public HearingsPlanning Department 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting November 20, 2012 "60 Days" Deadline: January 19, 2013 a Agenda Item 4. A. Public Hearing - Ordinance #489 - Final Design Plan Approval - PUD #110 - Boone Avenue Convenience Center - 600 Boone Avenue North - Linn Investment Properties, LLC, Applicant Prepared By Joe Hogeboom, City Planner Summary Linn Investment Properties, LLC owner of the property at 600 Boone Avenue North is seeking to obtain a Planned Unit Development (PUD) Permit for the construction of a retail/service facility on the east side of the site. As part of the proposal, the existing gas station site would be renovated. The new retail/service facility would have four possible suite locations. This development will function as a PUD because both buildings will be part of a cohesive development, featuring similar architectural styles and landscaping. Internal traffic circulation and shared parking would also be a component of the site. The property is guided for long-term retail and service uses in the Comprehensive Plan, and is zoned "Commercial." The proposed PUD would re -plat the property into two separate lots; one lot for each building. City Code establishes standards for PUDs, which are laid out in the staff report to the Planning Commission. In addition, City Code establishes findings that must be made by the City when creating a PUD. These findings are included in the City Council's recommended action. This project received approval of its Preliminary PUD Plan by the City Council on September 19, 2012. Motion to approve the Final Plan for Boone Avenue Convenience Center PUD No. 110, based on the following findings of fact: • The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. • The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. • The PUD plan includes efficient and effective use (which includes preservation) of the land. • The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. • The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. • The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. And subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated July 30, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated October 16, 2012, shall become a part of this approval. 4. The Plat name shall include "PUD No. 110" in its title. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. The design specifications, including building location, fagade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 7. Bicycle parking (bike racks) shall be located on the site. 8. The Developer shall explore enhanced landscaping opportunities for the site, including adding a tree behind the westernmost trash enclosure and adding shrubbery to the landscape area near the entrance to the carwash facility. 9. The Developer shall consider ways in which to enhance visual interest to the site, including possible enhancements to the building facades. 10. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments • Location Map (1 page) • Planning Commission Minutes dated October 22, 2012 (5 pages) • Memo to Planning Commission dated October 17, 2012 (3 pages) • Memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated October 16, 2012 (6 pages) • Memo from Deputy Fire Marshal Ed Anderson dated July 30, 2012 (1 page) • Site Plans (14 pages) • Ordinance No. 489, Approval of Final Plan of Development, Boone Avenue Convenience Center, PUD 110, Linn Investment Properties, LLC, Applicant (2 pages) Recommended Action Motion to adopt Ordinance No. 489, Approval of Final Plan of Development, Boone Avenue Convenience Center, PUD 110, Linn Investment Properties, LLC, Applicant. 8l ' Bids g g3 I OV 946 8 B 1 84g98,V38,V? 8,W58493 9� 8V 8304 8349 8Y3570 8Shl 18 5 8V5 Sip 9 8j 82r -- ro gip ail S�p 8jp 7�2 747 1 438 ;22 758i84I a z ) 1 439' 1 1 82 ` r 7�5 3 2112 8300 24i�238137 ( 1 $203 i2NO r 7� ; 7 219318 81 r — ' " Golden Valley Rd *'r _ i Awa ' t lov IA ,��, $#80 Subject Properties i a $ ° 8206 8800 _ 7th Ave N _. _ g -- 2 3 L3, 3089408 1 9040 $y6_ 8 a 64,0 d rs 4''a!!e 8410 f ~f state Y o. 55 fr v y stats �ANV emott 8815 D15ot` 439 p 440_ 424 8951 894 433 rn 432 421 `' 424 < 424 < 01$ ) Brookview Community Center & Golf Course 347 410 928 912 15 345 89 0 408 Wally St 339 89 - 17 901 400 3 89 9 Minutes of the Golden Valley Planning Commission October 22, 2012 Page 2 2. Informal Public Hearing — Planned Unit Development (PUD) — 600 Boone Avenue North — Boone Avenue Convenience Center — PU-110 — Final Plan Applicant: Linn Investment Properties, LLC Address: 600 Boone Avenue North Purpose: To allow for the construction of a retail/service facility on the east side of the site. Hogeboom stated that this public hearing is for the Final PUD application proposal for the Boone Avenue Convenience Center. He reminded the Planning Commission that they reviewed the Preliminary PUD proposal on August 27, 2012 and that the City Council approved it on September 19, 2012. He explained that the proposal includes retaining and remodeling the existing gas station and constructing a new retail building east of the existing building. He stated that the property is guided for long-term retail and service uses in the Comprehensive Plan and is zoned Commercial so no changes to zoning or to the Comprehensive Plan would be required for this proposal. He explained that this proposal is being considered as a PUD because both buildings would function as one cohesive development with internal traffic circulation, shared parking, pedestrian connections and facade treatments. He referred to his staff report and explained that in order for this development to be approved as a PUD the City must be able to make the following findings: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient — Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. He stated that staff is recommending approval of this Final Plan proposal based on the findings above and the following conditions: 1. The plans submitted with the application shall become a part of this approval. Minutes of the Golden Valley Planning Commission October 22, 2012 Page 3 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated July 30, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated October 16, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. The design specifications, including building location, fagade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Waldhauser asked if the design specifications included in the agenda packet have been approved by the City Council. Hogeboom said yes, and added that the Planning Commission can provide recommendations regarding the design to the City Council. Segelbaum referred to the applicant's narrative and noted there was additional parking and landscape information included in the narrative. He asked if staff met with the applicant regarding this additional information and if there were changes made to the parking and landscaping proposals since the preliminary PUD stage. Hogeboom explained that the parking requirements are based on use, not the zoning district, so they may change depending on what type of businesses are located in the proposed new building. He added that staff has reviewed the landscaping plan submitted and it does meet all of the requirements. Segelbaum asked about the process if the applicant decides he needs additional parking spaces. Hogeboom said the PUD would have to be amended if additional parking spaces are needed. Grimes added that the proposed parking plan does meet the requirements for general retail space and that the parking spaces for the gas station could also be used by the retail building customers. Stephen Linn, CEO Linn Companies, Applicant, referred to the number of parking spaces and said he feels that the numbers are "right on" and would meet the standards of 90% of the cities in the Twin Cities metro area. Kisch said he wants to make sure consideration is given to handicap parking spaces as well. Linn said the amount handicap parking spaces will be considered during the City's code review process. Kisch asked why the amount of impervious surface increased .2% over what was shown on the preliminary plans. Waldhauser noted there is a concrete patio the south side of the proposed new building. Linn stated that he doesn't think there have been any changes since his last submittal. Waldhauser referred to the site plan and noted that the pedestrian access seems awkward because the proposed sidewalk runs between the two buildings and not to the building entrances. Kisch added that an extended sidewalk to the proposed retail building and possibly a crosswalk or striped area would create a more pedestrian friendly site. Linn said he is open to whatever direction the City gives him. Grimes clarified that the suggestion Minutes of the Golden Valley Planning Commission October 22, 2012 Page 4 the Planning Commission is making would be to have separate sidewalks to the gas station and the retail building with a striped area across the parking lot, which would bring people to the entrance of the buildings. Segelbaum asked if the Planning Commission's suggestion regarding the sidewalks should be made a condition of their approval. Waldhauser said she thinks it should be a recommendation, not a condition. Kisch agreed and added that he would like the applicant to explore their options before this plan moves on to the City Council. Waldhauser stated that she thinks there needs to be flexibility with the amount of parking because there is no parking allowed around the site. Kluchka asked if the locations of the trash enclosures could be consolidated. Linn stated that there are two separate parcels so there really needs to be two separate trash enclosure areas that aren't too far away for the tenants of either building. Segelbaum asked the applicant what he meant in the narrative when he stated that there will be additional parking. Linn stated that the amount of parking on the gas station parcel is increasing from what is there today. Kluchka asked about the materials being proposed for the trash enclosures. Linn said the trash enclosures will be made from a block that matches the buildings. Grimes noted that the City requires trash enclosures to be made of the same type of materials as the principal structure. Kluchka asked if the trash enclosure for the proposed retail building could be moved to the south corner so it is not right by the sidewalk. Linn stated that the trash enclosure can't be built in that location because it can't be located in the flood area for the creek. Waldhauser referred to the landscaping plan and asked if there is any opportunity to put in more trees and shrubs and less daylilies. Linn explained that additional landscaping will be done on the gas station site. He stated that there are major Metropolitan Council utilities running through this area so they really can't plant more trees but they can have more shrubs and mulched beds. Waldhauser asked about the type of landscaping on Boone Avenue. Linn said those areas are currently landscaped and aren't being disturbed. Kisch stated that given 14 trees are being removed and only four are being added he thinks more could be done. He suggested more trees be put in along Golden Valley Road and possibly along the east side of the car wash where there is a sod area. Linn explained that the sign is going to be located in the area to the east of the car wash but he could put in additional landscaping along Golden Valley Road if it doesn't interfere with sightlines. He added that he also needs to have room for snow storage. Kluchka said he would like the property to feel more open and more like a community space. He said benches similar to the ones at Golden Valley Road and Winnetka would help give the site a community -space feel. Linn noted that there will be a patio on the south end of the retail building. Kluchka said that patio would have a fence around it. He reiterated that having table and benchs in this space would improve the community feel Minutes of the Golden Valley Planning Commission October 22, 2012 Page 5 and make this property more about Golden Valley and not just about cars coming in and spending money. He asked if there will be a bike rack on the site. Linn said yes and showed on the plans where it will be located. Kluchka said he wants to encourage pedestrians to use this site so he would like to make a recommendation that benches be added to the site. Linn said he is not sure the site is large enough for benches and tables but it may be possible to add some small benches. Waldhauser suggested putting benches up against the front of the building. Linn stated that sidewalk space in front of buildings is typically used for product space and there also needs to be accessible space and room to walk on the sidewalk. Waldhauser asked if the facades of the proposed new retail building could be broken up visually/architecturally. Linn referred to the elevation drawings and explained that there will be stone and brick columns, a parapet, awnings and decorative light fixtures. All of which will be a considerable enhancement over what is currently on the site. Waldhauser opened the public hearing. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. MOVED by Schmidgall to recommend approval of the Final PUD Plan for the Boone Avenue Convenience Center proposal. Kisch said he would like to discuss the Planning Commission recommendations regarding pedestrian access, exploring options for additional landscaping opportunities and the 360 - degree design on the facades of the buildings. He said he is comfortable with the proposed design. Kluchka said he thinks it is important that pieces of the Planning Commission discussion regarding benches or public space concepts be considered. He suggested that another conditional of approval be added that includes language requiring the applicant to include "visual interest" to the elevations. Waldhauser suggested glass inserts with murals behind them to add architectural interest. Linn said he can assure the City that he is proposing the nicest convenience around. He said that adding fake windows is not the way to go and won't get the architectural look the Planning Commission wants. Segelbaum said he thinks the proposed building and remodeling are clearly a huge enhancement over what is currently on the site. He added that he likes the language Commission Kisch suggested encouraging the applicant to "explore" additional landscaping opportunities rather than requiring the applicant to add landscaping. Schmidgall asked for clarification on what the Commissioners are suggesting as additional conditions of approval. Hogeboom stated that the first condition is to have the applicant explore improved pedestrian site features, including adding an additional sidewalk, the second condition is to have the applicant explore enhanced landscaping opportunities for the site including benches for public seating and the third condition is to have the applicant consider ways to enhance visual interest to the site, including possible enhancements to building facades. Minutes of the Golden Valley Planning Commission October 22, 2012 Page 6 After discussion, Kisch seconded the motion and the vote was unanimous to recommend approval of the Final PUD Plan for PUD -110 - Boone Avenue Convenience Center subject to the following conditions and findings: Conditions: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated July 30, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated October 16, 2012, shall become a part of this approval. 4. All signs on the property shall meet the requirements of the City's Sign Code. 5. The design specifications, including building location, fagade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 6. Bicycle parking (bike racks) shall be shown on the Final Plan. 7. The Developer shall explore improved pedestrian site features, including adding an additional sidewalk to the westernmost entrance onto Golden Valley Road, shifting the existing sidewalk to the eastern side of the easternmost entrance to Golden Valley Road, and adding benches and other pedestrian -scale amenities to the site. 8. The Developer shall explore enhanced landscaping opportunities for the site, including adding a tree behind the westernmost trash enclosure and adding shrubbery to the landscape area near the entrance to the car wash facility. 9. The Developer shall consider ways in which to enhance visual interest to the site, including possible enhancements to building facades. 10. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Findings: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient — Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Date: October 17, 2012 To: Planning Commission Planning Department 763-593-8095 / 763-593-8109 (fax) From: Joe Hogeboom, City Planner Subject: Informal Public Hearing - Final PUD Plan — Boone Avenue Convenience Center PUD No. 110 - Linn Investment Properties, Applicant Background and Description of Proposal Linn Investment Properties, owner of the property at 600 Boone Ave. No. is seeking to obtain a Planned Unit Development (PUD) Permit for the construction of a retail/service facility on the east side of the site. The applicant received approval of the Preliminary PUD Plan by the City Council on September 19. This proposal includes retaining the existing gas station (although it may be rebranded in the future). There would be a new retail/service facility with four possible suite locations developed to the east of the existing building. Both buildings would function as a cohesive development, featuring similar architectural styles and landscaping. Internal traffic circulation and shared parking would also be a component of the site. The property is guided for long-term retail and service uses in the Comprehensive Plan, and is zoned "Commercial." No changes to zoning or to the Comprehensive Plan would be required for this proposal. The site is 1.87 acres in size and is bounded by Boone Avenue to the west, Golden Valley Road to the north, Highway 55 to the south and Bassett Creek to the east. The proposed PUD would re -plat the property into two separate lots; one lot for each building. Justification for Consideration as a PUD Section 11.55 of City Code states that the PUD process is an optional method of regulating land use in order to permit flexibility in uses allowed, setbacks, height, parking requirements and number of buildings on a lot. Staff has determined that this application qualifies as a PUD because it achieves the following standards established in City Code: • Achieves a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. • Encourages preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. • Encourages creativity and flexibility in land development. • Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. • Allows mixing land uses and assembly and development of land to form larger parcels. • Encourages development in transitional areas which achieve compatibility with all adjacent and nearby land uses. • Achieves development consistent with the Comprehensive Plan. • Achieves development consistent with the City's redevelopment plans and goals. In order to be approved as a PUD, the City must be able to make the following findings: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and,design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient — Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Recommendation Staff recommends approval of the Preliminary Plan for Boone Avenue Convenience Center PUD No. 110, based on the following findings of fact: • The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. • The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. • The PUD plan includes efficient and effective use (which includes preservation) of the land. • The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. • The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. • The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. And subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated July 30, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated October 16, 2012, shall become a part of this approval. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. The design specifications, including building location, fagade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Attachments Location Map (1 page) Applicant's Narrative (1 page) Minutes of the September 19, 2012 City Council Meeting (2 pages) Minutes of the August 27, 2012 Planning Commission Meeting (6 pages) Memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated October 16, 2012 (6 pages) Memo from Deputy Fire Marshal Ed Anderson dated July 30, 2012 (1 page) Site Plans (13 pages) Public Works Department 763-593-80301763-593-3988 (fax) Date: October 16, 2012 To: Wark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Ak Eric Eckman, Public Works Specialist Subject: Final PUD Plan Review — Boone Avenue Convenience Center & Retail Building (600 Boone Avenue North) Public Works staff has reviewed the Final PUD Plans for the Boone Avenue Convenience Center and Retail Building. The proposed subdivision is located at 600 Boone Avenue North and is bounded by Trunk Highway 55 on the south, Boone Avenue on the west, Golden Valley Road on the north, and Bassett Creek on the east. The development consists of dividing the existing property into two lots which will have shared parking and access. The existing gas station will remain on the west lot and a new retail building will be constructed on the east lot. The comments contained in this review are based on the revised plans submitted to the City on September 21, 2012, and the updated surcharge plan submitted on October 12, 2012. Site Plan and Access The development consists of dividing the existing property into two new lots. There is an existing BP gas station on the west lot (Lot 1) and the plan calls for expansion and upgrade of the existing convenience center and car wash facilities. A new 4,920 square foot, multi -tenant retail building will be constructed on the east lot (Lot 2). The existing street system in the vicinity of this development is adequate to accommodate the new vehicle trips generated by the development. The two buildings will share parking facilities and street access from Boone Avenue and Golden Valley Road. The three existing entrances to the site will remain in place and a new private concrete sidewalk will be constructed near the east entrance to connect the internal pedestrian facilities with the City's sidewalk on Golden Valley Road. While the commercial driveway aprons will remain, portions of the two driveways on Golden Valley Road will be removed and replaced. A Right -of -Way Management permit is required for this work and for all excavations and obstructions in public right-of-way. The developer or builder will be required to obtain the appropriate permits for all activities associated with demolition, remodeling, and removals prior to commencing work. G:\Developments - Private\Boone Ave Convenience (600 Boone) PUD 110 Linn First Addn\Memos\600 Boone Ave Final PUD Plan review.docx The new retail building on Lot 2 will be set back a minimum of 50 feet from the top of the bank of Bassett Creek in order to comply with the City's Shoreland Management Ordinance. Preliminary Plat The property proposed for development is adjacent to Trunk Highway 55. Therefore, the plans must be submitted to MnDOT for review and comment. The developer will be required to dedicate any additional right-of-way deemed necessary by MnDOT. The property was previously unplatted and a number of public easements currently encumber the site. There are several existing easements that were granted for streets, walkways, and drainage and utility purposes. These existing easements must be vacated and rededicated appropriately on the final plat. In addition, a maintenance agreement for a water quality pond will also need to be vacated. The City will initiate the easement vacation process and will provide all public notices and notification letters. As part of this process, the developer must provide an exhibit showing the existing easements to be vacated, along with the proposed final plat. There is an existing sanitary sewer easement along the south side of the property to accommodate the Metropolitan Council Environmental Services (MCES) 36 -inch forcemain. A copy of this easement must be provided to the City, and the new drainage and utility easement dedicated on the south boundary must match the MCES easement. Utility Plan The City's sanitary sewer and water systems that provide service to these properties have adequate capacity to accommodate the proposed development. The developer has demonstrated that extension of services is possible as shown on the Utility Plan. There is an existing 6 -inch diameter sanitary sewer service from Boone Avenue to the gas station. This service will be extended eastward to serve the new retail building. The new pipe will be insulated and installed on piling. The proposed plan shows a cleanout at one of the bends in the service. The developer must install manhole structures rather than cleanouts at all bends and access points. The sewer service will be privately owned and maintained by the property owner. The new watermain serving the retail building will be a 6 -inch diameter ductile iron pipe. The service will connect the building to the City's 12 -inch watermain located within the Trunk Highway 55 right-of-way and will cross the MCES 36 -inch forcemain just south of the retail building. A service valve is required near the connection to the main and must be shown on the plans. The water service will be owned and maintained by the property owner from the service valve to the building. The City will own and maintain the portion of the service from the main up to and including the service valve. G:\Developments - Private\Boone Ave Convenience (600 Boone) PUD 110 Linn First Addn\Memos\600 Boone Ave Final PUD Plan review.docx 2 The developer or contractor will be required to obtain the appropriate sewer and water permits and right-of-way permits from the City for installation of the sanitary sewer and water services to the new building. In addition, permits may be required from MCES and MnDOT for work within their respective easements and rights-of-way. Copies of these permits must be provided to the City prior to issuance of City permits. The City has an Inflow and Infiltration Ordinance requiring that sanitary sewer services be brought into compliance when developing or subdividing a property. City records show that an inspection of the sewer lateral was completed at the gas station building at 600 Boone Avenue North. The City issued a correction notice on October 10, 2012 indicating that the service is not in compliance with the ordinance and repairs are necessary. The sewer services to the gas station and the new retail building must become compliant with the Inflow and Infiltration Ordinance prior to occupancy of each building. The developer will be required to post a financial deposit in the amount of the repair, estimated at $15,000, as part of the PUD approval. Stormwater Management and Grading The property being developed is located within the Main Stem sub -district of the Bassett Creek Watershed and the plans are subject to the review of the Bassett Creek Watershed Management Commission (BCWMC). The BCWMC will review the plans for floodplain impacts and for compliance with its water quality standards. This development is also subject to the City's Stormwater Management Ordinance. A City Stormwater Management Permit will be required before the start of construction. Upon review and approval of the stormwater management plans by the City, the developer must submit the plans to the BCWMC for its review and comment. This development is subject to the City's Floodplain Management Ordinance, due to its proximity to Bassett Creek. The lowest floor elevation of new principal structures must be a minimum of two feet above the base flood elevation to ensure adequate flood protection. According to the grading plan submitted, the finished floor elevation of the retail building will meet this requirement. Portions of the property being developed are within the Federal Emergency Management Agency (FEMA) designated floodplain for Bassett Creek. However, the property is protected by a flood control levee constructed by the City in 2005 as part of the City's reconstruction of Boone Avenue. The reconstruction project also included the construction of a stormwater pond, lift station, and levee in the northeast quadrant of Boone Avenue and Golden Valley Road, and mitigating flood storage in the General Mills Nature Preserve. In order to prevent flood level increases elsewhere along Basset Creek and to ensure that adequate flood storage continues to remain available in the General Mills Nature Preserve, the developer has quantified the proposed volume of fill placed below the Base Flood Elevation (BFE) of Bassett Creek. The developer has calculated a total of 255 cubic yards or 0.16 acre-feet of fill proposed to be placed below the BFE of 888.0 feet. Therefore, adequate compensating flood G:\Developments - Private\Boone Ave Convenience (600 Boone) PUD 110 Linn First Addn\Memos\600 Boone Ave Final PUD Plan review.docx 3 storage remains available in the General Mills Nature Preserve. A diagram showing the areas and volumes of fill placed on the site must be submitted as part of the applications for the City's Stormwater Management Permit and BCWMC project approval. Because the developer will be placing fill below the BFE and constructing the new building at or above the Regulatory Flood Protection Elevation (RFPE) of 890.0 feet, it is likely that the building and a portion of the property can be removed from the FEMA designated flood hazard area. In order to accomplish this, the developer has applied for a Conditional Letter of Map Revision (CLOMR) from FEMA. Following construction, the developer will need to submit construction record plans and complete a Letter of Map Revision (LOMR) application to officially remove the flood hazard designation. According to the grading plan submitted, the proposed retail building will encroach into the west side of the flood control levee constructed by the City. As shown on the plans, the developer will construct a retaining wall to maintain the integrity of the levee for flood protection. While the developer will construct the retaining wall, the City will own and maintain the wall as an integral part of the levee. Therefore the developer will be required to post a financial deposit for the City's consultant to review the developer's plans, design the retaining wall, and provide construction observation services. The cost for these services and the amount of the deposit is estimated at $12,100. While the City's 2005 Boone Avenue construction project provided flood storage and runoff rate control, the project did not address the water quality requirements of this or any other property protected by the flood control levee. The developer is proposing the construction of an environmental manhole equipped with a filter system to provide the additional water quality treatment required by the City and the BCWMC. There are existing storm sewer facilities currently serving the site, including an environmental manhole located in the northwest corner of the property. New storm sewer facilities will be extended to serve the proposed retail building. The utility plan shows a storm sewer pipe crossing the MCES forcemain. Similar to the water service discussed earlier in this review, MCES must be notified and permits must be obtained before starting work. All storm sewer facilities on site will be owned and maintained by the property owner. An agreement between the City and the owner for the maintenance of the existing and proposed environmental manholes will need to be recorded before Final Plat approval. In addition, as a condition of the City's Stormwater Management Permit, documentation will need to be provided to the City that shows the existing environmental manhole has been inspected and cleaned, consistent with City standards. Temporary Surcharge Plan Due to the presence of compressible soils on the site, the developer is proposing the placement of fill to compress the soils beneath the new parking lot area prior to construction. The fill will be placed for approximately six months with one-half to one foot of settlement expected. Because the fill will be placed in the vicinity of the MCES forcemain and the City's flood control levee, the City has retained a consultant to provide inspection of the levee to ensure its integrity. These G:\Developments - Private\Boone Ave Convenience (600 Boone) PUD 110 Linn First Addn\Memos\600 Boone Ave Final PUD Plan review.docx 4 costs are included in the construction observation costs for the retaining wall discussed earlier in this memorandum. During the surcharge, the developer must provide the City with periodic reports including settlement plate information. Tree Preservation and Landscape Plans This development is subject to the City's Tree Preservation Ordinance. The City Forester has reviewed the plans and inspected the site and has determined that there are no significant trees on the site. Therefore, no Tree Preservation Permit is required for this development. The Landscape Plan submitted by the developer shows the placement of sod on the disturbed areas of the City's flood control levee. The City currently has a contract with a consultant that provides management of the native vegetation on the levee. The City will continue to own and maintain the native vegetation and therefore will restore all disturbed areas on the levee. As a condition of PUD approval, the developer will be responsible for payment of all costs to reestablish the native grasses that currently exists on the levee. The cost to reestablish the native grasses is estimated at $4,000. In addition, the Landscape Plan shows trees planted on the flood control levee. Consistent with guidelines set forth by FEMA, trees may not be planted on the levee. Depending on the final location of the retaining wall, the location of the trees may need to be adjusted to accommodate the FEMA guidelines. Summary and Recommendations Public Works staff recommends approval of the Final PUD Plans for the Boone Avenue Convenience Center and Retail Building, subject to the comments contained in this review. These comments are summarized as follows: 1. All existing easements and maintenance agreements in favor of the City must be vacated and rededicated on the final plat consistent with the City's Subdivision Ordinance and comments in this review. 2. The sanitary sewer services to the existing gas station and the new retail building must obtain compliance with the Inflow and Infiltration Ordinance prior to occupancy of each building. 3. The Developer must enter into a maintenance agreement for the stormwater quality treatment facilities (environmental manholes) on site as discussed in this review. 4. As a condition of the City's Stormwater Management Permit, documentation will need to be provided to the City that shows the existing environmental manhole has been inspected and cleaned, consistent with City standards. 5. During the temporary surcharge, the developer must provide the City with periodic reports including settlement plate information. G:\Developments - Private\Boone Ave Convenience (600 Boone) PUD 110 Linn First Addn\Memos\600 Boone Ave Final PUD Plan review.docx 6. The Developer and its contractors must obtain the appropriate permits prior to development, as discussed above. 7. Approval is subject to the review and comments of the Bassett Creek Watershed Management Commission, the Minnesota Department of Transportation, and the Metropolitan Council Environmental Services. 8. As a condition of PUD approval, the developer must pay all fees and post all financial deposits as determined necessary in this or subsequent reviews. The fees and deposits are summarized as follows: a. Payment of $12,100 for professional services associated with the protection of the flood control levee as discussed in this review. b. Payment of $4,000 for professional services to reestablish the native vegetation on the flood control levee as discussed in this review. c. Posting of a deposit in the amount of $15,000 as a guarantee that the sanitary sewer service to the existing gas station obtains compliance with the City's Inflow and Infiltration Ordinance as discussed in this review. Approval is also subject to the comments of other City staff and other agencies. Please feel free to call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Mitch Hoeft, Engineer Al Lundstrom, Parks Maintenance Supervisor and City Forester Dave Lemke, Utility Maintenance Supervisor Joe Hogeboom, City Planner Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall G:\Developments - Private\Boone Ave Convenience (600 Boone) PUD 110 Linn First Addn\Memos\600 Boone Ave Final PUD Plan review.docx City o golden valley Date: July 30, 2012 To: From: Subject: Fire Department 763-593-8079 / 763-593-8098 (fax) Mark Grimes, Director of Planning and Zoning Ed Anderson, Deputy Fire Marshal PUD 110 — Preliminary Plan for 600 Boone Avenue North Convenience Center I have reviewed the application packet for the preliminary PUD plan for the property located at 600 Boone Avenue North. The application packet indicated new multi -tenant separate building and the remodeling of the existing building. Listed below are the fire department comments for both existing and new buildings. 1. The entire site shall meet the requirements for the fire department apparatus access including, but not limited to, access roads, proper turning radius and the installation of "No Parking Fire Lane" signs in accordance with MN Fire Code and Golden Valley City Ordinance, 2. The fire apparatus access road in excess 150 feet in length shall be provided with an approved area for turning around fire apparatus. 3. A Post Indicator Valve (PIV) will be required for the building site. 4. The fire protection system for the new building shall be installed and maintained in accordance with MN State Fire Code. 5. The existing building fire suppression system shall be required to be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. 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City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11. 10, Subd. 2, and Section 11.30, by approving the Final Plan of Development for Planned Unit Development (P.U.D.) 110, thereby allowing the applicant to construct a retail/service facility on the eastern portion of the site. This PUD is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated July 30, 2012, shall become a part of this approval. 2. The recommendation and requirements outlined in the memo from Public Works Specialist Eric Eckman, to Mark Grimes, Director of Planning and Development dated October 16, 2012, shall become a part of this approval. 3. The Plat name shall include "PUD No. 110" in its title. 4. All signs on the property must meet the requirements of the City's Sign Code. 5. The Final PUD packet for PUD No. 110 prepared by MFRA Inc. dated September 21, 2012 shall become a part of this approval. 6. The design specifications, including building location, fagade treatment and materials, and site design, as submitted by the applicant, shall become part of this approval. 7. Bicycle parking (bike racks) shall be located on the site. 8. The approval of the PUD is also subject to other state, federal, and local ordinances, regulations, or laws with authority over the PUD. 9. Prior to issuance of any building permits for construction within PUD No. 110, the applicant shall submit a final plat to the City for approval and the staff will prepare a PUD permit for City Council approval. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 6(Q): 1. The PUD Plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. The PUD Plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. The PUD Plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD Plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD Plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Section 2. The tract of land affected by this ordinance is legally described as follows: Lots 1 and 2, Block 1, Linn Addition P.U.D. No. 110 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of November, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virnig Susan M. Virnig, City Clerk Public Works Department 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 20, 2012 Agenda Item 4. B. Public Hearing to Vacate Easements at 600 Boone Avenue North Prepared By Jeannine Clancy, Director of Public Works Eric Eckman, Public Works Specialist Summary A developer has proposed a Planned Unit Development which would subdivide the existing lot at 600 Boone Avenue North into two parcels. During the platting process, it was determined that existing easements on the property need to be vacated before the final plat (Linn Addition) is approved. Consistent with City Code, the proposed final plat includes the dedication of right-of-way and drainage and utility easements on each lot. In general, the proposed right-of-way and easements are equal to or larger in size than the existing easements. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners along with the proposed resolution. Staff sent a letter to all private utility companies requesting their review and comment. No notice to the Commissioner of Natural Resources was required. There have been no objections to this easement vacation. Consideration of this easement vacation was supported by resolution of the City Council in their meeting on November 7, 2012, and therefore in accordance with state statutes requires a four- fifths majority vote in favor of the resolution. Attachments • Preliminary Plat (showing existing easements to be vacated) (1 page) • Linn Addition (proposed final plat showing dedicated right-of-way and easements) (1 page) • Resolution Vacating all Easements in Favor of the City at 600 Boone Avenue North (2 pages) Recommended Action Motion to adopt Resolution Vacating all Easements in Favor of the City at 600 Boone Avenue North. Ul Ljell a u; z 1 z o V Z `4—.p[g zZH ¢Wado 2_ € 5 3_" III _,Z �„ i fill Z IQ ! W W W m C i t'6iE _ Ito p t W W' m ■U �� Z 0 z 01SO pO0LU 0 i2.1 ' Ed �Od€ dLL+~ dM VF -U a`a�UUOC C7>� s N m$.. v�i6a 'v s s � s a giit l9� t zo 1 I I 3 1J yg9 TTTTTTTi ii ' I I ldlbbld� „cJ 1 1 s�B >P®O' ►p�t g 349 g ■ I �p,4�"�YG�• _ kg I I �I. o 8.i41LAu=.4 ma 1 1 ` , R , - - - - • 1 1 1 1 W LL 1 1 1 1 1 1 1 ' 1It 1 I 1 O♦ i F ; ,1 � 1 1 IuT' •i O ____ _ ___ _ .r _�_� 1' '111 � '11 11 ' i _ 1 I � 1 m O 21 _a31bc A an I!i a li + s 1 g! s8i i i a ~U. r i �t�tl ra yM ,;{�i'.r-Lit\:• ���,• v►'a �.,.,;,�5^. 1 r 0 N O w s ,R 4Nf �a � e F z E f x _ s ,R 4Nf Resolution 12-80 November 20, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING ALL EASEMENTS IN FAVOR OF THE CITY AT 600 BOONE AVENUE NORTH WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted public hearing on the vacation of all existing easements in favor of the City in the property located at 600 Boone Avenue North, legally described as follows: That part of the Southeast Quarter of Section 31, Township 118, North Range 21, West of the 5th Principal Meridian, described as follows: Commencing at a point on the North line of said Southeast Quarter, distant 1920.6 feet West of the Northeast corner thereof; thence South at a right angle to said North line a distance of 140.7 feet, more or less, to an intersection with a line drawn parallel with and 30 feet North of the Northeasterly right of way line of State Highway No. 55; thence Westerly along said parallel line 100 feet; thence Northwesterly in a straight line 157.3 feet, more or less, to a point in the North line of said Southeast Quarter, distant 158.9 feet west of the point to commencement, said last described point begin the actual point of beginning of the tract of land to be described; thence Southeasterly along last described course and extension thereof to the Northerly right-of-way line of said highway; thence Westerly along said highway line to its intersection with the West line of said Southeast Quarter; thence North along the West line of said Southeast Quarter to the Northwest corner thereof; thence East along the North line of said Southeast Quarter to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota (the "Subject Property"). WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, the Subject Property is proposed to be subdivided as shown in the proposed plat of Linn Addition; and WHEREAS, the proposed plat of Linn Addition includes the dedication of right-of- way and easements as required by City Code; and WHEREAS, the City has evaluated its interest and use of the property and has determined that the right-of-way and easements dedicated in the proposed plat of Linn Addition are sufficient to replace the easements vacated herein; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. Resolution 12-80 - Continued November 20, 2012 NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said easements in favor of the City located in the Subject Property be vacated: Document Number 609647 Roadway Easement Document Number 3806150 Street, Road, Utility and Drainage Easement Document Number 7899577 Drainage, Utility, Street and Walkway Easement Document Number 8416486 Drainage, Utility, Street and Walkway Easement Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Public Works Department 763-593-8030 / 763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting November 20, 2012 Agenda Item 4. C. Continued Public Hearing to Vacate Easements at 4900 Triton Drive Prepared By Jeannine Clancy, Director of Public Works Jeff Oliver, PE, City Engineer Eric Seaburg, EIT, Engineer Summary At its September 19, 2012 meeting, the City Council moved to continue the Public Hearing for vacation of all existing easements at 4900 Triton Drive until the final plat for Eldridge 3rd Addition PUD 109 could be considered for approval by Council. Consistent with the City Code, the proposed final plat includes the dedication of new drainage and utility easements on each lot and new easements for stormwater management. These new easements are larger and broader in application, than the existing easements. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners along with the proposed resolution. Staff sent a letter to all private utility companies requesting their review and comment. No notice to the Commissioner of Natural Resources was required. There have been no objections to this easement vacation. Consideration of this easement vacation was supported by resolution of the City Council in their meeting on September 4, 2012, and therefore in accordance with state statutes requires a four- fifths majority vote in favor of the resolution. Attachments • Existing Easements, 4900 Triton Drive (1 page) • Proposed Eldridge 3rd Addition Final Plat (showing proposed easements) (1 page) • Resolution Vacating all Existing Platted Easements in Lot 6, Lot 7, Lot 14, Lot 15, Lot 16, and Lot 17, of Block 8, of the Woodlawn Park Plat (4900 Triton Drive) (1 page) Recommended Action Motion to adopt Resolution Vacating all Existing Platted Easements in Lot 6, Lot 7, Lot 14, Lot 15, Lot 16, and Lot 17, of Block 8, of the Woodlawn Park Plat (4900 Triton Drive). Easements Drainage and Utility Utility --F T- 3146 3142 31381, r 4920 3100 4900 TRIT 4845 R 4825 4824 3201 3139 3125 3115 3101 �C ,to DC Q L 3026 3025 L 4901 a 4921 city Of IM Pnnt Date: 08/28/2012 golden Sources: 49 00 Triton D r Hennepin County Surveyors Office for Va ! k e Property Lines (2012). v 0 30 60 120 e Disclaimer: This is nota legal certificate of survey. Feel ci 0 ci mac- o - - - 00 ON 091 t-.' - - - - - - _.-- -.-..,101 - - o — — — — — — — ---I-- OpN til 61 L61 'o/v 'o. 0-' MI C-i I co CD --------- - - ----------- -I - ---------- iL T;V NMI f ol—I kid I" HI IS 1B A _J M E 2 E- JD Ao Resolution 12-67 November 20, 2012 Member introduced the following resolution and moved its adoption: RESOLUTION VACATING ALL EXISTING PLATTED EASEMENTS IN LOT 6, LOT 7, LOT 14, LOT 15, LOT 16, AND LOT 17, OF BLOCK 8, OF THE WOODLAWN PARK PLAT (4900 TRITON DRIVE) WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted public hearing on the vacation of all existing platted easements in the recorded plat of WOODLAWN PARK; and WHEREAS, all persons present were given the opportunity to be heard; and WHEREAS, 4900 Triton Drive is proposed to be subdivided as shown in the proposed plat of Eldridge 3rd Addition; and WHEREAS, the proposed plat of Eldridge 3rd Addition includes the dedication of right-of-way and easements as required by City Code; and WHEREAS, the City has evaluated its interest and use of the property and has determined that the right-of-way and easements dedicated in the proposed plat of Eldridge 3rd Addition are sufficient to replace the easements vacated herein; and WHEREAS, the Council has determined that the vacation will benefit the public interest because the vacation is predicted to foster economic growth in the City of Golden Valley and, on a greater scale, the State of Minnesota benefits by the projected measurable increase in tax revenue and general prosperity. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said platted easements located in the property legally described below be vacated: Lot 6, Block 8, WOODLAWN PARK, Hennepin County, Minnesota; Lot 7, Block 8, WOODLAWN PARK, Hennepin County, Minnesota; Lot 14, Block 8, WOODLAWN PARK, Hennepin County, Minnesota; Lot 15, Block 8, WOODLAWN PARK, Hennepin County, Minnesota; Lot 16, Block 8, WOODLAWN PARK, Hennepin County, Minnesota; Lot 17, Block 8, WOODLAWN PARK, Hennepin County, Minnesota; Shepard M. Harris, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the City Clerk.