Planning Commission AGENDA · Planning Commission Item Originator Planning Item Oblivious Monkey...

**4/23/20 PLANNING COMMISSION WEBEX EVENT PARTICIPATION INFORMATION (SEE PAGE TWO)** 4/23/20 Planning Commission Webex Event Participation Information

ITEM 1 - PL2020-54 - 6:00 P.M. Oblivious Monkey Gaming CUP - 8050 Morgan Circle

ITEM 2 - PL2020-14 - (CONT. FROM 2/20) (REQUESTING CONTINUANCE TO 5/21) 611 West 98th Street Development - PDP/FDP ITEM 3 - PL2020-55 - 6:00 P.M. Walser Toyota Parking Ramp - 4401 American Boulevard West

Planning CommissionAGENDA

PLANNING COMMISSION REGULAR MEETINGTHURSDAY, APRIL 23, 2020

COUNCIL CHAMBERSBLOOMINGTON CIVIC PLAZA1800 W. OLD SHAKOPEE RD.BLOOMINGTON, MN 55431

6:00 PM

BloomingtonMN.gov: A yearly meeting schedule, agendas, and the official minutes once approved are available. If you require areasonable accommodation, please call 952-563-8733 (MN Relay 711) as soon as possible, but no later than 9:00 a.m. one business daybefore the meeting day.

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Planning Commission Item

Originator Planning

Item 4/23/20 Planning Commission Webex Event Participation Information

Agenda Section **4/23/20 Planning CommissionWebex Event ParticipationInformation (see page two)**

Date April 23, 2020

Requested Action:

Public participation is encouraged, if you wish to join the Webex Event, please see information below.

Description:

Some or all members of the Bloomington Planning Commission will participate in the April 23, 2020 PlanningCommission meeting by telephone/computer rather than by being personally present at the PlanningCommission's regular meeting place at the Council Chambers at Civic Plaza, 1800 West Old Shakopee Road inBloomington.

Members of the public can listen to the Planning Commission meeting by:

Calling 1-415-655-0001, Access code: 285 082 123 at the start of the meeting (6 p.m.).Watching online at blm.mn/btv-live or the City's YouTube channel blm.mn/youtube.Watching Comcast channel 14 (SD) or 859 (HD).

Members of the public can submit testimony or comment on an agenda item by:

Sending an email to [email protected] your testimony by voicemail at 952-563-8920.Requesting a unique participant ID at [email protected] to participate live during the publichearing for that agenda item.

To ensure City staff have adequate time to disseminate your email or voicemail testimony to the PlanningCommission or to process your request for live participation, please submit it by 12 noon on April 23, 2020. Besure to include the name of the specific agenda item.

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http://blm.mn/btv-live

http://blm.mn/youtube

mailto:[email protected]



Originator Planning

Item Oblivious Monkey Gaming CUP - 8050 Morgan Circle

Agenda Section Item 1 - PL2020-54 - 6:00 p.m.

Date April 23, 2020

Requested Action:

In Case PL2020-54, having been able to make the required findings, I move to adopt a resolution approving aConditional Use Permit for an indoor recreation and entertainment use associated with a retail store within anexisting multi-tenant shopping center.

Description:

Conditional Use Permit for an indoor recreation and entertainment use associated with a retail store within anexisting multi-tenant shopping center

Attachments:

Staff ReportConditionsResolutionProject DescriptionSubmitted PlansDRC Comment SummaryDRC MinutesAffidavit of PublicationNotification Map

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573501/Staff_Report_OMG.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573502/Conditions_OMG.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573503/Resolution_CUP_OMG.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573658/OMG_Project_Description.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/571610/OMG_Submitted_Plans.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573512/DRC_Comment_Summary_OMG.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573513/DRC_Minutes_OMG.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/571614/Affidavit_of_Publication_PC_OMG.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/571608/Notification_Map_PL202000054.pdf

CITY OF BLOOMINGTON MINNESOTA

CASE PL20200-54

REQUEST FOR PLANNING COMMISSION ACTION

PAGE 1 of 3

Report to the Planning Commission Planning Division/Engineering Division

04/23/2020

GENERAL INFORMATION

Applicant: Oblivious Monkey Gaming (user)

Morgan Circle LLC (owner)

Location:

8050 Morgan Circle

Request: Conditional Use Permit for an indoor recreation and

entertainment use associated with a retail store within an

existing multi-tenant shopping center

Existing Land Use and Zoning: C-5 (PD); Freeway Mixed Use (Planned Development)

Surrounding Land Use and Zoning: North – Restaurant; zoned C-5 (PD)

East – Multi-family residential; zoned C-5 (PD)

South – Water Reservoir; zoned R-1

West – Mixed use; zoned C-5 (PD)

Comprehensive Plan Designation: Community Commercial

CHRONOLOGY

Planning Commission 04/23/2020 Public Hearing scheduled.

DEADLINE FOR AGENCY ACTION

Application Date: 03/18/2020

60 Days: 05/17/2020

Extension Letter Mailed: Yes

120 Days: 07/16/2020

Applicable Deadline: 07/16/2020

Newspaper Notification: Confirmed – (04/09/2020 Sun Current – 10 day notice)

Direct Mail Notification: Confirmed – (500 buffer – 10 day notice)

STAFF CONTACT

Liz O’Day

Phone: (952) 563-8919, E-mail: [email protected]

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CASE PL20200-54


PAGE 2 of 3


04/23/2020

PROPOSAL

Oblivious Monkey Gaming is requesting a conditional use permit for an indoor recreation and

entertainment use associated with a retail store within an existing multi-tenant shopping center. The

tenant space is currently unoccupied and would be located in the middle of the Morgan Circle

Shoppes building. The tenant space is 5,833 square feet and would provide table game retail with a

small portion used for testing the games and hosting game tournaments a few days a week. The

applicant’s project description states that pre-packaged foods will be provided. An Environmental

Health Plan Application must be submitted for review of the pre-packaged foods. Anticipated hours

of operation are Monday through Friday from 10 am to 11 pm, Saturdays from 10 am to 1 am and

Sundays from 1 pm to 11 pm.

ANALYSIS

Oblivious Monkey Gaming is in part an indoor entertainment and recreation use. Inoor

entertainment and recreationis allowed in the C-5 Zoning District as a conditional use. Because

retail is a permitted use in the C-5 zoning district, the Conditional Use Permit is required only for

the small entertainment and recreational space dedicated to tournaments and testing the games. A

majority of the tenant space is retail with sales of high-end board games. A small portion (about

12% of the overall tenant space) is dedicated to testing out the board games and for tournaments.

There will be three long tables with a total of 36 seats for playing. There are office and storage areas

in the rear of the tenant space.

To ensure that the entertainment and recreation use will meet City parking requirements,, the

number of seats utilized for the gaming and tournaments is proposed to be limited to the 36 seats

identified on the submitted plans. If the applicant desires to grow beyond 36 seats, further review

and evaluation would be required to evaluate the parking supply of Morgan Circle Shoppes. An

amendment to the conditional use permit and parking review may be required depending on the

level of growth.

A Code compliant trash room is required. The applicant must identify the existing trash room on a

plan or construct a trash room within the Oblivious Monkey Gaming tenant space.

The parking lot lighting is Code compliant. The parking lot lighting must continue to be maintained

according to the approved photometric plan on file.

While new landscaping material is not required, the approved landscaping plan must be

maintained., It appears several trees and shrubs have been removed from the site. The missing

material must be replanted as part of the conditional use permit process. The applicant must provide

a revised plan for approval or verify the missing material on the approved plan would be replaced

prior to building permit. The material must be planted before the issuance of a Certificate of

Occupancy for the use.

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CASE PL20200-54


PAGE 3 of 3


04/23/2020

FINDINGS

Required Conditional Use Permit Findings - Section 21.501.04 (e) (1)

Required Finding Finding Outcome/Discussion

(1) The proposed use is not in conflict

with the Comprehensive Plan.

Finding Made - The property is guided as Community

Commercial. This designation allows for general retail uses. The

proposed use would occupy a portion of the retail center and is

generally compatible with neighboring tenant uses. The use is not

in conflict with the Comprehensive Plan.


with any adopted District Plan for

the area.

Finding Made – The property is located in the Penn American

District Plan. The Penn American District Plan supports a mix of

uses. The retail, entertainment and indoor recreational use is

compatible with the existing uses in the Penn American District.


with City Code provisions.

Finding Made – Indoor recreation and entertainment uses are

conditional uses in the C-5 Zoning District. The recommended

conditions of approval address compliance with City Code

provisions.

(4) The proposed use will not create an

excessive burden on parks, schools,

streets, and other public facilities

and utilities which serve or are

proposed to serve the planned

development.

Finding Made – The proposed use is mostly a retail store with a

small portion of the space dedicated to testing out board games

and tournaments with a limit of 36 seats. The use is not of a scale

and nature to create an excessive burden on parks, schools,

streets and other public facilities and utilities. With the limit of

36 seats, the use is not anticipated to create an excessive burden

on adjacent streets and neighbors.

(5) The proposed use will not be

injurious to the surrounding

neighborhood or otherwise harm

the public health, safety and

welfare.

Finding Made – The proposed use would provide entertainment

for children and adults and will provide a space for gamers in

Bloomington. The proposed facility is not anticipated to be

injurious to the surrounding neighborhood or otherwise harm the

public health, safety and welfare.

RECOMMENDATION

Note the Planning Commission has final approval authority on this Conditional Use Permit

application unless an appeal to the City Council is received by 4:30 p.m. on April 28th.

Staff recommends approval using the following motion:

In Case PL2020-54, having been able to make the required findings, I move to adopt a resolution

approving a Conditional Use Permit for an indoor recreation and entertainment use associated with

a retail store within an existing multi-tenant shopping center at 8050 Morgan Circle, subject to the

conditions and Code requirements attached to the staff report.

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RECOMMENDED CONDITIONS OF APPROVAL

Case PL202000054

Project Description: Conditional Use Permit for an indoor recreation and entertainment use

associated with a retail store within an existing multi-tenant shopping center.

Address: 8050 MORGAN CIR

The following conditions of approval are arranged according to when they must be satisfied. In addition

to conditions of approval, the use and improvements must also comply with all applicable local, state,

and federal codes. Codes to which the applicant should pay particular attention are included below.

1. Prior to Permit Bicycle parking spaces must be provided and located on-site as approved by

the City Engineer.

2. Prior to Permit An updated landscaping plan must be approved by the Planning Manager

(Sec 19.52).

3. Prior to Permit A plan must be submitted to identify existing trash facilities at the building or

a compliant trash room must be built within the tenant space. (Sec. 19.51).

4. Prior to Permit An Environmental Health Plan Review Application must be submitted and

approved by the Environmental Health Division.

5. Ongoing The indoor recreation and entertainment must be as shown on the approved

plans in Case File #PL20200054.

6. Ongoing Signs must be in compliance with the requirements of Chapter 19, Article X

of the City Code and Uniform Design Plan.

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PLANNING COMMISSION RESOLUTION NO. 2020-_____

A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN INDOOR

RECREATION AND ENTERTAINMENT USE ASSOCIATED WITH A RETAIL STORE

WITHIN AN EXISTING MULTI-TENANT SHOPPING CENTER AT 8050 MORGAN

CIRCLE, BLOOMINGTON, MINNESOTA.

WHEREAS, the Bloomington Planning Commission is empowered under State Law and the

Bloomington City Code to act upon certain types of conditional use permits; and

WHEREAS, an application for a Conditional Use Permit for an indoor recreation and

entertainment use associated with a retail store within an existing multi-tenant shopping center on

behalf of Oblivious Monkey Gaming (hereinafter the “Applicant”), and Morgan Circle LLC owner

of the owner of the premises located at 8050 Morgan Circle (hereinafter the “Property”), and legally

described as:

Lot 1, Block 2, PENN AMERICAN ADDITION including adjoining 1/2 of Vacated Street

Hennepin County, Minnesota

WHEREAS, the Planning Commission has reviewed said request at duly called public

meeting on April 23, 2020 and has considered the report of the City staff, all information provided

in the agenda materials, any comments of persons speaking regarding the proposed Conditional Use

Permit, and the requirements in Bloomington City Code.

WHEREAS, City Code Section 21.201.04(e) – Conditional Use Permits may only be

permitted when:

Required Finding Finding Outcome/Discussion

(1) The proposed use is not in

conflict with the Comprehensive

Plan.

Finding Made - The property is guided as Community

Commercial. This designation allows for general retail uses.

The proposed use would occupy a portion of the retail

center and is generally compatible with neighboring tenant

uses. The use is not in conflict with the Comprehensive

Plan. 8


conflict with any adopted

District Plan for the area.

Finding Made – The property is located in the Penn

American District Plan. The Penn American District Plan

supports a mix of uses. The retail, entertainment and

indoor recreational use is compatible with the existing uses

in the Penn American District.


conflict with City Code

provisions.

Finding Made – Indoor recreation and entertainment uses

are conditional uses in the C-5 Zoning District. The

recommended conditions of approval address compliance

with City Code provisions.

(4) The proposed use will not create

an excessive burden on parks,

schools, streets, and other public

facilities and utilities which

serve or are proposed to serve

the planned development.

Finding Made – The proposed use is mostly a retail store

with a small portion of the space dedicated to testing out

board games and tournaments with a limit of 36 seats. The

use is not of a scale and nature to create an excessive

burden on parks, schools, streets and other public facilities

and utilities. With the limit of 36 seats, the use is not

anticipated to create an excessive burden on adjacent streets

and neighbors.

(5) The proposed use will not be

injurious to the surrounding

neighborhood or otherwise harm

the public health, safety and

welfare.

Finding Made – The proposed use would provide

entertainment for children and adults and will provide a

space for gamers in Bloomington. The proposed facility is

not anticipated to be injurious to the surrounding

neighborhood or otherwise harm the public health, safety

and welfare.

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY

OF BLOOMINGTON IN REGULAR MEETING ASSEMBLED:

A. That the affirmative findings of the City Staff are adopted by the Planning Commission;

B. That the conditional use permit shall expire if not used or applied in accordance with the

provisions of City Code Section 21.501.04(g);

C. That the conditional use permit may be suspended or revoked in accordance with the

provisions of City Code Section 21.501.04(h);

D. That the requested conditional use permit is approved, subject to the following conditions

of approval:

1. Prior to Permit Bicycle parking spaces must be provided and located on-site as approved by

the City Engineer.

2. Prior to Permit An updated landscaping plan must be approved by the Planning Manager

(Sec 19.52).

3. Prior to Permit A plan must be submitted to identify existing trash facilities at the building or

a compliant trash room must be built within the tenant space. (Sec. 19.51).

4. Prior to Permit An Environmental Health Plan Review Application must be submitted and

approved by the Environmental Health Division.

5. Ongoing The indoor recreation and entertainment must be as shown on the approved

plans in Case File #PL20200054.

6. Ongoing Signs must be in compliance with the requirements of Chapter 19, Article X

of the City Code and Uniform Design Plan.

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Passed and adopted this 23rd day of April, 2020.

The three day period to appeal the Planning Commission’s decision to the City Council expired on

April 28, 2020.

An appeal was not received and the conditional use permit is now in effect.

An appeal was received and the final decision on the conditional use permit will therefore be

made by the Bloomington City Council.

_______________________________ ____________

Planning Commission Chair Date

ATTEST:

_______________________________ ____________

Planning Commission Secretary Date

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20 1 I R V I NG A V E . N . | S T E . 2 0 0 | M I NN EA PO L I S , MN 5 5 405 | B DH . D ES I GN

Nick Johnson,

We are seeking approval for a conditional use permit for an Indoor Recreation and Entertainment in

the C-5 Zoning district. This is a primary mercantile table game retail store, with a portion used for

trying out games, and hosting game tournaments on occasion to help generate business.

Food will be prepackaged goods only. Any other food will be from a delivery app, or delivery from

a store. These deliveries will be direct to the customer, Oblivious Monkey Gaming staff will not be

handling any food.

The retail component is very similar to an apple store. They will have shelving spread out

throughout the retail space. They have tables spread out with demos of their high end, and large

tabletop games for people to and use prior to purchasing.

I’ve also included a PDF of the plan showing the different components of the business.

We’ll look forward to working with you on this matter.

Sincerely,

Derek Lillo

952-345-8324

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PL2020- 50

8050 Morgan Circle

Conditional Use Permit for an indoor recreation and entertainment use in an existingmulti -tenant retail center.

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PL202000050

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Originator Planning

Item 611 West 98th Street Development - PDP/FDP

Agenda Section Item 2 - PL2020-14 - (cont. from2/20) (requesting continuance to5/21)

Date April 23, 2020

Requested Action:

The applicant has requested continuance of the item to the May 21, 2020 Planning Commission meeting date.Staff recommends that the item and associated public hearing be continued to the date requested through thefollowing motion: In Case #PL2020-14, at the request of the applicant, I move to continue this item to the May 21st PlanningCommission meeting and hold open the public hearing.

Description:

Major Revision to Preliminary Development Plans and Final Development Plans for a new one-story, freestandingbank.

Attachments:

Continuance Letter

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/574079/Continuance_Extension_041020.pdf


Originator Planning

Item Walser Toyota Parking Ramp - 4401 American Boulevard West

Agenda Section Item 3 - PL2020-55 - 6:00 p.m.

Date April 23, 2020

Requested Action:

Staff recommends approval using the following motions: In Case PL2020-55, I move to recommend approval of an ordinance rezoning a portion of 4401 AmericanBoulevard West from CS-0.5(PD) to C-1(PD).

In Case PL2020-55, having been able to make the required findings, I move to recommend approval of a MajorRevision to Preliminary Development Plans and Final Development Plans to construct a three-story parkingstructure with up to 415 parking/inventory stalls to serve an existing Class I and II motor vehicle sales facilitylocated at 4401 American Boulevard, subject to the conditions and Code requirements attached to the staffreport.

Description:

Rezoning a portion of 4401 American Blvd W from CS-0.5(PD) to C-1(PD), a Major Revision to PreliminaryDevelopment Plans, and Final Development Plans to construct a three-story parking structure with up to 415parking/inventory stalls to serve an existing Class I and II motor vehicle sales facility.

Attachments:

Staff Report

Rezoning OrdinanceProject DescriptionPlansPublic CorrespondenceDRC MinutesComment SummaryAffidavit of PublicationNotification Map

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573604/Staff_Report_PC_PL202000055.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/573606/Walser_Toyota_Rezone_Ordinance.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/572717/Walser_Toyota_Project_Description_040920.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/572832/Plans_PC_PL202000055.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/572836/Public_Correspondence_PC_PL202000055.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/571122/DRC_Meeting_Minutes_PL202000055.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/571125/Comment_Summary_PL202000055.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/571118/Affidavit_of_Publication_PC_042320_Walser.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/572735/Notification_Map_PL202000055.pdf

CITY OF BLOOMINGTON MINNESOTACASE PL2020-55

REQUEST FOR COUNCIL ACTIONPAGE 1 of 14

Report to the Planning CommissionPlanning Division/Engineering Division

04/23/2020

GENERAL INFORMATION

Applicant: Walser Real Estate, LLC (Owner)Walser Toyota (User)

Location: 4401 American Boulevard West

Request: 1) Rezone a portion of 4401 American Boulevard West from CS-0.5(PD) to C-1(PD) for the expansion of a motor vehicle sales facility (Class I and II)

2) Major Revision to Preliminary Development Plans and Final Development Plans to construct a new three-story parking ramp with roof parking

Existing Land Use and Zoning: Class I and II motor vehicle sales facility; zoned Commercial Service (Planned Development) and Single-Family Residential, CS-0.5(PD) and R-1

Surrounding Land Use and Zoning: North – Interstate 494; public right-of-waySouth – Single-family residential dwellings; zoned R-1East – Restaurant; zoned CS-0.5(PD)West – Office and multiple-family residential apartments; zoned CS-0.5 and R-4(PD)

Comprehensive Plan Designation: Regional Commercial (RC)

HISTORY

City Council Action: 05/03/99 – Adopted ordinance to rezone 4401 West 80th Street from CS -0.5 to CS- 0.5( PD) and approved Preliminary and Final Development Plan for a Class I and II Motor Vehicle Sales business with conditions (Case #5751ABC-05).

05/01/00 – Approved a one -year extension of the conditional use permit for a Class I and II Motor Vehicle Sales business as part of a Planned Development at 4401 West 80th Street (Case #5751A-00).

11/06/00 – Approved revised Final Development Plan for a Class I and II Motor Vehicle Sales business to alter building placement and size at 4401 West 80th Street with conditions (Case #5751B-00).

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04/23/2020

02/20/01 – Approved a revised Final Development Plan for a Class I and II Motor Vehicle Sales business to alter building placement and size at 4401 West 80th Street with conditions (Case #5751A -01).

01/20/2004 – Approved Reguiding and Rezoning 4301 American Boulevard West from Community Commercial to Regional Commercial and from CS-0.5 to CS-0.5(PD), Preliminary Development Plans and Conditional Use Permit to operate a Class I motor vehicle sales facility located at 4301 and 4401 American Boulevard West (Case #8133ABCD-03).

01/23/2006 – Approved Reguiding 4301 American Boulevard West from Community Commercial to Regional Commercial, a Major Revision to Preliminary Development Plans, Final Development Plans, and Conditional Use Permit for a Class I and Class II motor vehicle sales facility located at 4301 and 4401 American Boulevard West (Case #8133ABCD-05).

04/17/2006 – Approved the Preliminary and Final Plat of PA WALSER ADDITION (Case #8133A-06).

11/20/2007 – Approved a Major Revision to Final Development Plans for an addition to an existing Class I and Class II motor vehicle sales facility and related site improvements (Case #8133B-07).

06/06/2016 – Approved a Major Revision to Preliminary Development Plans, Final Development Plans, and Conditional Use Permit for a new five-story, 229,634 square-foot Class I and II motor vehicle sales and repair facility with administrative offices (Case #PL2016-63). Note: Project not constructed, Final Development Plans are now expired.

CHRONOLOGY

Planning Commission 04/23/2020 Public hearing scheduled

Council 05/18/2020 Public hearing anticipated

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04/23/2020

DEADLINE FOR AGENCY ACTION

Application Date: 03/18/2020 60 Days: 05/17/2020120 Days: 07/16/2020Applicable Deadline: 07/16/2020 (Extended by City)Newspaper Notification: Confirmed (04/09/2020 Sun Current – 10 day notice)Direct Mail Notification: Confirmed (500-foot buffer – 10 day notice)

STAFF CONTACT

Nick Johnson, PlannerPhone: (952) 563-8925 E-mail: [email protected]

PROPOSAL

Walser Toyota is requesting to rezone a portion of 4401 American Boulevard West from CS-0.5(PD) to C-1(PD). The southern 150 feet of the property is currently zoned R-1 Single-Family Residential and is not the subject of the rezoning request. The rezoning application is submitted in conjunction with development plans to construct a new three-story parking structure with roof parking in the southwest portion of their existing motor vehicle sales site. The parking structure would replace existing surface parking and includes up to 415 off-street parking and motor vehicle inventory stalls. Levels one through three are intended to be utilized for motor vehicle inventory, while the roof is planned to be utilized for employee parking. The parking ramp is approximately 50 feet tall and constructed of precast concrete panels. Due to challenging soil conditions, the ramp will require pile foundations.

Per the applicant’s project description, the proposed parking structure in the southwest corner of the site is the first phase of a multi-phase development that would result in the reconstruction of the motor vehicle sales and repair facility on the east side of the site. In addition to a new car dealership, future phases of development would include the expansion of the proposed parking ramp to the north in the current location of the existing car dealership structure. The phase I parking ramp is intended to increase the supply of both off-street parking and motor vehicle inventory prior to disturbance of the site where surface parking is currently located. Future development phases would require additional public hearings and approvals prior to construction. The applicant obtained approval in 2016 for a five-story motor vehicle sales and repair facility with structured parking. The development project did not go forward and the associated Final Development Plan approval has subsequently expired.

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04/23/2020

ANALYSIS

Rezoning/Land Use

The subject property existing base zoning is split between CS-0.5 and R-1. The northern 80 percent of the site is zoned CS-0.5(PD), while the southern 20 percent (150 feet from the southern property line) is zoned R-1. The applicant requests rezoning the northern 80 percent of the site from CS-0.5(PD) to C-1(PD), as shown in Figure 1. In the CS-0.5 zoning district, a Class I motor vehicle sales facility is a conditional use, whereas it is a permitted use in the C-1 zoning district. The C-1 zoning district is intended to provide for a variety of non-retail uses that benefit from exposure and/or proximity to freeway corridors and interchanges, including Class I and II motor vehicle sales. There are currently only three other sites in the city zoned C-1, all of which are Class I and II motor vehicle sales facilities. A motor vehicle sales facility is a conditional use in the CS-0.5 zoning district, previously requiring the approval of Conditional Use Permits as the current facility was developed and expanded through the years. Rezoning the site to the C-1 zoning district would remove the requirement for a Conditional Use Permit, as motor vehicle sales uses are permitted in the C-1 district.

Figure 1: Rezoning from CS-0.5(PD) to C-1(PD)

Existing Zoning Proposed Map Amendment

A rezoning action has a high level of City Council discretion. Although there are no explicit findings in conjunction with a rezoning, appropriate considerations include:

Whether the proposed district is consistent with the Comprehensive Plan;

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04/23/2020

How the proposed district differs from the existing district; and Whether or not there is a public benefit from the change.

Regarding consistency with the Comprehensive Plan, the subject property is guided Regional Commercial, which is the appropriate guidance for a regional motor vehicle sales facility. Regional Commercial is intended for retail and service uses that require easy access from the freeway system. Most major automobile sale facilities in the city are guided Regional Commercial, as automobile sales is specifically referenced in the definition. Rezoning the subject property to the C-1 zoning district is consistent with the Comprehensive Plan guidance of Regional Commercial.

The CS-0.5 zoning district was developed and adopted in 1981 and is located in Chapter 19 of the City Code, whereas the C-1 district was adopted more recently and is in Chapter 21. The C-1 zoning district differs from the CS-0.5 zoning district in that it was specifically developed with motor vehicle sales facilities in mind, designating the use as permitted. Motor vehicle sales are allowed in the CS-0.5 district as a conditional use when part of a planned development (PD). Both districts are intended for and allow uses that benefit from close proximity to freeways, but the CS-0.5 district does not require a minimum floor area ratio (FAR). Without a minimum FAR, a reduction in overall building size would be permitted in the CS-0.5 zoning district as long as the minimum building area of 20,000 square feet was maintained. The C-1 zoning district has a minimum FAR of 0.4, but also includes special provision for motor vehicle sales uses that allows an FAR below the minimum value as long as the facility is not reduced in floor area below the existing condition. As such, an existing motor vehicle sales facility cannot be reduced in size to create space for additional surface parking or inventory storage.

From a public benefit standpoint, rezoning a property with a major Class I and II motor vehicle sales use to the C-1 zoning district is in greater conformance to the intended vision and application of the Zoning Code. The C-1 zoning district provisions would not allow for the motor vehicle sales facility to be reduced in floor area for the purposes of maximizing the storage of automobile inventory. The C-1 zoning district was intended to be utilized for Class I and II motor vehicle sales uses, so it remains a more appropriate base zoning for the subject property. Rezoning the property from the CS-0.5 zoning district to the C-1 district also removes the need for a Conditional Use Permit for the subject property. Staff is supportive of the requested rezoning action. Code Compliance

The Final Development Plans for the proposed three-story parking ramp and associated site improvements have been reviewed according to the C-1 zoning district standards and other applicable performance standards in City Code. Areas of noncompliance, as well as requests for deviation, are identified in Table 1. A review of standards that specifically pertain to motor vehicle sales facilities and parking structures is also included in Table 1. Additional discussion regarding conformance to various performance standards or requests for flexibility are provided in specific sections of the staff report. Note the following review does not focus on the existing motor vehicle sales facility with few exceptions.

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Table 1: City Code Compliance Analysis

Standard and Code Section Proposed Meets Standard?Minimum Site Area – 120,000 square feet (Sec. 21.301.01(d)) 464,226 square feet Yes

Minimum Site Width – 200 feet(Sec. 21.301.01(d)) 600 feet Yes

Side Yard Building Setback (west)20 feet (Sec. 21.301.02(e)) 20.5 feet Yes

Rear Yard Building Setback (south)30 feet (Sec. 21.301.02(e)) 259.5 feet Yes

Maximum Impervious Surface Coverage90 percent (Sec. 21.301.01(d)) 59.7 percent Yes

Minimum Floor Area Ratio (FAR) – 0.0 for existing motor vehicle sales uses, but FAR may not decrease (Sec. 21.302.01(j))

No modifications to existing facility, FAR

is not reducedYes

Maximum Building HeightSouthern 300 feet of site – 50 feet/3 storiesRemainder of site – No limit(Section 21.301.10(b)(1)(a))

Within southern 300 feet – 50 feet/3 storiesRemainder of building

– 52.3 feet/3 stories

Yes

Parking Islands – Minimum 8 feet wide and have a deciduous tree (Sec. 21.301.06(c)(2)(H))

7.7 feet w/tree(southeast islands)

No – see further discussion

Structured Parking Space Dimensions 8.5 feet by 18 feet for 90 degree parking (Sec. 21.301.06(h))

9 feet by 18 feet Yes

Structured Parking Drive Aisle – 24 feet for 90 degree parking (Sec. 21.301.06(h)) 23 feet No – see further

discussionLandscaping Requirements – 11 trees and 27 shrubs (Sec. 19.52(c)(2))

11 trees27 shrubs Yes

Noise Restrictions – Outdoor loudspeakers or public address systems are prohibited(Sec. 21.302.01(b))

No information provided

Unknown – see further discussion

Vehicle Storage – Vehicles must be stored in approved areas (Sec. 21.302.01(f)(1))



Vehicle Loading/Unloading – Vehicles in the ramp must not be loaded or unloaded between 8:00 p.m. and 7:00 a.m. (Sec. 21.302.01(g))



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Standard and Code Section Proposed Meets Standard?Parking Structure DesignExterior materials and design must be compatible with surrounding buildings (Sec. 21.301.06(h)(2)(B))

White precast concrete with scoring patterns

Deviation requested – see further discussion

Vehicle Headlights – Parking structure must be designed to block vehicle headlights (Sec. 21.301.06(h)(2)(B)(i))

South, East and West – Four-foot wall

North – Cable railings

Deviation requested – see further discussion

Building Design

The three-story parking ramp with roof parking is constructed out of concrete, with white precast concrete towers and spandrels with decorative patterns and scoring serving as the exterior material. Architectural concrete, excluding tilt-up panels, is a permitted material in the C-1 zoning district as long as it is integral in color. The City Code requires parking structures be compatible with surrounding buildings in exterior materials and design. The existing motor vehicle sales facility is faced with brick, red and brown in color. The proposed parking structure is not compatible with the existing dealership building. Walser Toyota is requesting flexibility to allow white precast concrete for the parking structure given that it is the first phase of a multi-phase dealership redevelopment in the future. The corporate logo and colors/theme for Toyota is red and white, and the exterior materials of the future dealership is planned to compliment the proposed parking ramp. Staff is supportive of the requested deviation related to structure compatibility based on future development plans. Additional review and approval of future phase exterior materials, including a review by the Planning Commission and City Council, must be completed.

Walser Toyota is requesting flexibility to allow cable railing to be utilized as a vehicle barrier on the north building elevation only, where the parking structure would be expanded to the north in the future. City Code requires vehicle headlights within parking ramps be blocked from the exterior. Given the limited benefit associated with temporary headlight screens and that the lower floors of the north elevation of the proposed parking structure are blocked by the existing motor vehicle sales facility, staff would be supportive of a deviation to allow cable railings on the north elevation. However, the ground level of the western and southern elevations, both of which face residential uses, also are open in design, allowing headlights to shine through. Staff is not supportive of providing flexibility to forgo screening for vehicle headlights in these areas. Staff is recommending a condition that the ramp be designed to block headlights on all levels of the western and southern building elevations.

Access, Circulation, and Parking

Site access to American Boulevard West is not proposed to be changed with the Final Development Plans. Circulation around the site and existing motor vehicle sales facility is maintained for emergency and delivery vehicles, as demonstrated on the floor plans for the parking structure. The ground level of the parking ramp remains open for egress/ingress purposes on both the north and

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east sides of the parking ramp. In terms of internal circulation, the minimum drive-aisle width within a parking structure is 24 feet. Some of the drive aisles within the parking ramp are 23 feet in width. The drive aisle width deficiency must be corrected.

The project results in a net increase of approximately 300 inventory/parking spaces, depending on utilization. As the motor vehicle sales facility is not being expanded, a parking analysis of the existing facility is not needed, given the parking/inventory supply is increasing. When a new motor vehicle sales and repair facility is proposed to be constructed in future phases of the redevelopment, a full analysis of the parking requirement and supply will be completed at that time. For the existing project, parking and inventory spaces must be identified utilizing some signage or striping. Staff is recommending a condition that Walser Toyota prepare a signage/striping plan to identify areas of automobile inventory and off-street parking.

Two parking islands are proposed to be added to the site, to the east and northeast of the parking ramp. Both islands must have eight feet in internal width and a deciduous tree. Both parking islands have slightly less internal width than the eight feet required and must be expanded. The City Engineer must approve access, circulation and parking plans prior to the issuance of a building permit.

Landscaping, Screening and Lighting

Based on an approximate site disturbance of 27,450 square feet, 11 trees and 27 shrubs must be added to the site for the proposed project. A code-compliant landscape plan has been submitted. However, staff would urge the applicant to consider a better distribution of plantings, including locating some trees along the west elevation of the parking ramp. Staff is recommending a condition that a landscape surety be provided for the project according to the procedures outlined in the Landscaping and Screening Policies and Procedures manual. Should the property owner proceed with future development phases to reconstruct the motor vehicle sales facility, the full site would need to come into conformance with the City’s landscape requirements. Regarding screening, parking structure entrance areas must be screened from abutting single-family uses utilizing methods suitable for surface parking lot screening. The landscape plan includes the installation of juniper shrubs at the southeast entrance/exist of the parking structure, the only entrance/exit that should be visible to the single-family residential homes to the south. Code-required screening for parking structure entrances/exits must be maintained into the future.

The applicant has submitted a photometric lighting plan for the proposed parking structure roof. Employee and/or customer parking areas and supporting drive-aisles must have a maintained minimum illumination level of 2.0 foot-candles on the roof and 5.0 foot-candles in the enclosed levels of the ramp. There are some areas of the roof of the parking ramp that do not meet minimum illumination levels for customer/employee parking. Light fixtures, including the fixtures in the ramp, must be 90-degree cutoff with a flat lens to minimize glare and decrease light pollution. The proposed mounting height of the roof lighting is 12 feet, complying with the maximum mounting height of 33 feet. All safety and security lighting must be extinguished within one hour after the

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end of business. Prior to the issuance of a building permit, a revised lighting plan for all levels of the parking structure must be submitted for review and approval.

Stormwater Management

Stormwater must be managed to meet the City’s and Watershed District’s requirements for stormwater rate control (quantity), stormwater quality and volume. A stormwater management facility is planned immediately south of the new parking structure. The Stormwater Management Plan calculations and narrative are under review and must comply with the requirements of the City of Bloomington Comprehensive Surface Water Management Plan. A maintenance plan would need to be provided and will be required to be signed and filed at Hennepin County. The maintenance plan must also address other existing facilities on-site. This site is located within the Nine Mile Creek Watershed District, so an additional permit will be required prior to building permit issuance.

Utilities

The subject property is served by both City sanitary sewer and water service. Utility work associated with the project is limited. Fire hydrant coverage and adequate fire protection will be evaluated as part of the review of the utility plans. The utility plans for the site must be approved by the City Engineer prior to the issuance of a building permit.

Traffic Analysis

No significant impacts to the adjacent traffic patterns due to this building addition have been identified. The site is served by American Boulevard West, a minor arterial roadway according to the City’s functional roadway classification with adequate capacity. The proposed parking ramp would allow additional motor vehicle inventory to be stored on-site, but not otherwise substantively increase other forms of traffic to and from the subject property.

Fire Preventions and Public Safety

The approved access road must be maintained in accordance to the approved plan including a surface to provide all weather driving capabilities. Apparatus access roads must be asphalt or concrete and support a minimum of 80,000 pounds and accommodate the turning radius for BFD ladder 4.

A looped water supply is required for the development. Hydrant coverage must be provided within 150 feet of all exterior walls and within 50 feet of the fire department connection. The applicant has agreed to install hydrants (2) along the east side of the parking ramp for this phase of the project. Hydrant locations will be approved by the Utilities and Fire Prevention Divisions. The applicant shall ensure the proposed landscaping plans don’t interfere with access to the parking ramp.

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Standpipe hose valves must be at the landing in all stairwells and within 130 feet of all areas of the parking structure. Provide for emergency responder radio coverage throughout the complex and in all structures per the requirements of Appendix L in the 2015 Minnesota State Fire Code.

Any changes made to the current plans, including building location, access roads, water supply and addressing, must be reviewed by the Fire Marshal to ensure continued compliance with the Fire Code.

Miscellaneous

The City Code includes performance standards for motor vehicle sales facilities (Sec. 21.302.01). Two operational elements of the plan that are currently unknown by staff relate to noise and vehicle delivery. First, motor vehicle sales facilities are not allowed to utilize outdoor loudspeakers or public address systems. As such, these devices are not permitted within the proposed parking ramp. Staff is recommending a condition that prohibits the use of speakers or public address systems within the parking ramp. Second, when the motor vehicle sales facility is within 300 feet of properties residentially zoned and used, the loading and unloading of motor vehicles is prohibited between the hours of 8:00 p.m. and 7:00 a.m.. Staff is recommending a condition that the facility abide by this operational requirement, particularly within the parking structure.

Status of Enforcement Orders

The property is not subject to any open enforcement orders.

Public Correspondence

The City has received two emails from neighboring residents, both of whom reside at the Fountain Lake Condominiums building (4575 80th Street Circle West) to the west of Walser Toyota. One email is submitted in opposition to the overall project. The second email requests that additional trees be planted along the west side of the parking ramp to break up the building mass.

FINDINGS

Required Preliminary Development Plan Findings - Section 21.501.02(d)(1-6):

Required Finding Finding Outcome/Discussion(1) The proposed use is not in

conflict with the Comprehensive Plan.

Finding Made – The subject property is guided Regional Commercial. The expansion of a Class I and II motor vehicle sales facility as proposed is not in conflict with the Comprehensive Plan.

(2) The proposed use is not in conflict with any adopted District Plan for the area.

Finding Made – The subject property is not located in an area with an adopted District Plan.

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Required Finding Finding Outcome/Discussion(3) All deviations from City Code

requirements are in the public interest and within the parameters allowed under the Planned Development Overlay Zoning District or have previously received variance approval.

Finding Made – The applicant is requesting two deviations pertaining to the architectural design of the proposed parking structure. Both requested deviations are allowed under the parameters of the Planned Development Overlay Zoning District and relate to future development phases of a reconstructed motor vehicle sales facility on site. Deviations to allow exterior materials and design which are incompatible with the existing dealership building and to allow cable railing on the north side of the parking structure are necessary to facilitate the future reconstruction of a larger motor vehicle sales facility with less surface parking, which is in the public interest.

(4) Each phase of the proposed development is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit.

Finding Made – The proposed parking structure would be located directly behind the existing motor vehicle sales facility and still allow access to the loading docks located on the southern building elevation. Should the future development phases as proposed by the applicant not proceed, the subject parking structure can continue to serve the existing facility, adding employee parking and motor vehicle inventory. The construction of the parking structure is of sufficient size and arrangement that its construction and operation is feasible without dependence on any subsequent unit.

(5) The proposed development will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the planned development; and

Finding Made – The subject property is served by American Boulevard West, an arterial roadway with adequate capacity for any additional traffic generated by the proposed development. There is adequate capacity in the City’s water system to serve the proposed parking ramp. The proposed development will not create an excessive burden on public streets, utilities or other facilities.

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Required Finding Finding Outcome/Discussion(6) The proposed development will

not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

Finding Made – The proposed parking ramp height is compliant with the City’s structure height requirements. The ramp must be designed in a way to block vehicle headlights. Operational limitations in the City Code prohibit the use of public address systems or loudspeakers, and motor vehicle pick-up and drop-off will be restricted between the hours of 8:00 p.m. and 7:00 a.m.. Finally, stormwater must be managed to meet the City’s Comprehensive Surface Water Management Plan and the Nine Mile Creek Watershed District regulations. The proposed development is not anticipated to be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

Required Final Development Plan Findings – Section 21.501.03(e)(1-7):

Required Finding Finding Outcome/Discussion(1) The proposed use is not in

conflict with the Comprehensive Plan.

Finding Made – The subject property is guided Regional Commercial. The expansion of a Class I and II motor vehicle sales facility as proposed is not in conflict with the Comprehensive Plan.

(2) The proposed use is not in conflict with any adopted District Plan for the area.

Finding Made – The subject property is not located in an area with an adopted District Plan.

(3) The proposed development is not in conflict with the approved preliminary development plan for the site.

Finding Made – The subject application includes a Major Revision to the approved Preliminary Development Plans to allow a three-story parking structure with roof parking on the subject property. Upon approval of the Major Revision to Preliminary Development Plans, the proposed development is not in conflict with the Preliminary Development Plan of record for the site.

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Required Finding Finding Outcome/Discussion(4) All deviations from City Code

requirements are in the public interest and within the parameters allowed under the Planned Development Overlay Zoning District or have previously received variance approval.

Finding Made – The applicant is requesting two deviations pertaining to the architectural design of the proposed parking structure. Both requested deviations are allowed under the parameters of the Planned Development Overlay Zoning District and relate to future development phases of a reconstructed motor vehicle sales facility on site. Deviations to allow exterior materials and design which are incompatible with the existing dealership building and to allow cable railing on the north side of the parking structure are necessary to facilitate the future reconstruction of a larger motor vehicle sales facility with less surface parking, which is in the public interest.

(5) The proposed development is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit.

Finding Made – The proposed parking structure would be located directly behind the existing motor vehicle sales facility and still allow access to the loading docks located on the southern building elevation. Should the future development phases as proposed by the applicant not proceed, the subject parking structure can continue to serve the existing facility, adding employee parking and motor vehicle inventory. The construction of the parking structure is of sufficient size and arrangement that its construction and operation is feasible without dependence on any subsequent unit.

(6) The proposed development will not create an excessive burden on parks, schools, streets, and other public facilities and utilities which serve or are proposed to serve the planned development; and

Finding Made – The subject property is served by American Boulevard West, an arterial roadway with adequate capacity for any additional traffic generated by the proposed development. There is adequate capacity in the City’s water system to serve the proposed parking ramp. The proposed development will not create an excessive burden on public streets, utilities or other facilities.

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Required Finding Finding Outcome/Discussion(7) The proposed development will

not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

Finding Made – The proposed parking ramp height is compliant with the City’s structure height requirements. The ramp must be designed in a way to block vehicle headlights. Operational limitations in the City Code prohibit the use of public address systems or loudspeakers, and motor vehicle pick-up and drop-off will be restricted between the hours of 8:00 p.m. and 7:00 a.m.. Finally, stormwater must be managed to meet the City’s Comprehensive Surface Water Management Plan and the Nine Mile Creek Watershed District regulations. The proposed development is not anticipated to be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare.

RECOMMENDATION

Staff recommends approval through the following motions:

In Case PL2020-55, I move to recommend approval of an ordinance rezoning a portion of 4401 American Boulevard West from CS-0.5(PD) to C-1(PD).

In Case PL2020-55, having been able to make the required findings, I move to recommend approval of a Major Revision to Preliminary Development Plans and Final Development Plans to construct a three-story parking structure with up to 415 parking/inventory stalls to serve an existing Class I and II motor vehicle sales facility located at 4401 American Boulevard, subject to the conditions and Code requirements attached to the staff report.

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RECOMMENDED CONDITIONS OF APPROVAL

Case PL2020-55

Project Description: Rezoning from CS-0.5(PD) to C-1(PD), a Major Revision to Preliminary Development Plans, and Final Development Plans to construct a three-story parking structure with up to 415 parking/inventory stalls to serve an existing motor vehicle sales facility (Class I and II).

Address: 4401 American Boulevard West

The following conditions of approval are arranged according to when they must be satisfied. In addition to conditions of approval, the use and improvements must also comply with all applicable local, state, and federal codes. Codes to which the applicant should pay particular attention are included below.

1. Prior to Permit A Site Development Agreement, including all conditions of approval, must be executed by the applicant and the City and must be properly recorded by the applicant with proof of recording provided to the Director of Community Development.

2. Prior to Permit A building permit for all required changes to accommodate the proposed use be obtained.

3. Prior to Permit Sewer Availability Charges (SAC) must be satisfied.4. Prior to Permit Access, circulation and parking plans must be approved by the City Engineer.

The width of new parking islands and parking structure drive aisles must comply with Section 21.301.06 of the City Code.

5. Prior to Permit Bicycle parking spaces must be provided and located throughout the site as approved by the City Engineer.

6. Prior to Permit Grading, Drainage, Utility and Erosion Control plans must be approved by the City Engineer.

7. Prior to Permit Storm Water Management Plan must be provided that demonstrates compliance with the City’s Comprehensive Surface Water Management Plan. A maintenance plan must be signed by the property owners and must be filed of record with Hennepin County.

8. Prior to Permit A Nine Mile Creek Watershed District permit must be obtained and a copy submitted to the Engineering Division.

9. Prior to Permit A National Pollutant Discharge Elimination System (NPDES) construction site permit and a Storm Water Pollution Prevention Plan (SWPPP) must be provided if greater than one acre is disturbed (State of MN and Federal regulation).

10. Prior to Permit An erosion control surety must be provided (16.08(b)).11. Prior to Permit Utility plan showing location of existing and proposed water main and fire

hydrant locations must be approved by the Fire Marshal and Utilities Engineer (City Code Sec. 6.20, Minnesota State Fire Code Sec. 508).

12. Prior to Permit A Minnesota Department of Health (MDH) watermain review and approval must be obtained or notification from MDH that this permit is not required must be submitted to the City (State of MN).

13. Prior to Permit A parking structure signage and striping plan must be provided designating motor vehicle inventory spaces and off-street parking spaces available for customer or employee parking. 39

14. Prior to Permit The parking structure must be designed to block vehicle headlights on all floors and elevations except for the northern elevation. The design of the western and southern ground level floor must be modified to meet this requirement.

15. Prior to Permit Exterior building materials must be approved by the Planning Manager (Sec. 19.63.08).

16. Prior to Permit Landscape plan must be approved by the Planning Manager and landscape surety must be filed (Sec 19.52).

17. Prior to Permit Parking structure and site security lighting plans must be revised to satisfy the requirements of Section 21.301.07 of the City Code.

18. Prior to C/O The developer must submit electronic utility as-builts to the Public Works Department prior to the issuance of the Certificate of Occupancy.

19. Prior to C/O Fire lanes must be posted as approved by the Fire Marshal (MN State Fire Code Sec. 503.3).

20. Prior to C/O Prior to occupancy, life safety requirements must be reviewed and approved by the Fire Marshal.

21. Ongoing Vehicle loading and unloading must not take place between the hours of 8:00 p.m. and 7:00 a.m. (Sec. 21.302.01(g))

22. Ongoing Outdoor loudspeakers or public address systems are prohibited (Sec. 21.302.01(b)).

23. Ongoing Alterations to utilities must be at the developer's expense.24. Ongoing All construction related drop-off, pick-up, loading, unloading, stockpiling,

staging and parking must occur on site and off public streets. 25. Ongoing Three foot high screening must be provided along the southeastern entrance

to the parking structure as approved by the Planning Manager (Sec. 19.52).26. Ongoing Development must comply with the Minnesota State Accessibility Code

(Chapter 1341).

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ORDINANCE NO. 2020-_____

AN ORDINANCE REZONING A PORTION OF 4401 AMERICAN BOULEVARD WEST FROM CS-0.5(PD), COMMERCIAL SERVICE (PLANNED DEVELOPMENT), TO C-

1(PD), FREEWAY OFFICE AND SERVICE (PLANNED DEVELOPMENT)

The Bloomington City Council, Bloomington Minnesota ordains that the zoning map of the

City of Bloomington is hereby amended as follows:

Section 1: A portion of the subject property located at 4401 American Boulevard West is hereby

rezoned from CS-0.5(PD), Commercial Service (Planned Development) to C-1(PD), Freeway

Office and Service (Planned Development). The portion of the property is legally described as:

Lot 1, Block 1, PA WALSER ADDITION, except the south 150 feet thereof,

Hennepin County, Minnesota

Section 2: This ordinance is based on the following findings:

2.01 The rezoning would be consistent with the intent of the zoning ordinance and the Comprehensive Guide Plan.

2.02 The rezoning is consistent with the public health, safety and welfare.

Passed and adopted this 18th day of May, 2020.

________________________________Mayor

ATTEST: Approved

_______________________________ ________________________________Secretary to the Council City Attorney

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Proposed Zoning Map AmendmentRezone from CS-0.5(PD) to C-1(PD)

Current Zoning Map Amendment

Case File: #PL2020-55 Applicant: Walser Real Estate, LLCLocation: A portion of 4401 American Blvd W

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PHILLIPS Architects & Contractors, Ltd.

401 North Third Street, Suite 450, Minneapolis, MN 55301 Ph. (612) 868-1261

Narrative for: Rezoning from CS-0.5 to C-1, a Major Revision to Preliminary Development Plans,

and Final Development Plan

Walser Toyota 4401 American Boulevard West

Bloomington, MN March 18, 2020 (Revised)

Contact Information

Applicant: PHILLIPS Architects & Contractors, Ltd. Attn.: David A. Phillips, President 401 North Third Street Minneapolis, MN 55401 Phone: 612-377-3333 Cell: 612-868-1261 (preferred) Email: [email protected] User: Walser Toyota Walser Automotive Group Attn.: Don Schilling Walser Real Estate, LLC 7700 France Ave S, Suite 410N Edina, MN 55435 Cell: 612-616-2571 [email protected] Property Owner Representative: Andrew Walser. CEO, Attn.: Donna Rizner Walser Real Estate IV, LLC 7700 France Ave S, Suite 410N Edina, MN 55435 office: 952-945-7220 [email protected]

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Walser Toyota Narrative March 18, 2020 Revised Page 2 of 6

Project Description Walser Automotive Group and the applicant requests Rezoning from CS-0.5 to C-1, and approval of a Major Revision to Preliminary Development Plans, and Final Development Plan for construction of a parking ramp at Walser Toyota. Legal Description & Address Lot 1, Block 1, PA Walser Addition Walser Toyota, 4401 American Boulevard West. Bloomington, MN 55437 Structured Parking Walser Automotive Group and Walser Toyota is seeking to construct a three-tier parking structure with roof parking south of the existing Toyota dealership building. This structure will add about 310 (350 packed) vehicle parking spots to the site without creating additional hard surface area. In fact, there is a reduction of hard surface area with this request. It is constructed entirely within the current pavement sheet. There will be pavement removed south of the proposed parking structure to create an infiltration pond. More efficient use of the existing automotive dealership sites has been an objective of the City of Bloomington. This ramp is designed to work with and enhance the current dealership facility. It can also be incorporated into future plans as noted below. Rezoning Walser Automotive Group requests that the City rezone the property from CS 0.5 PD to C-1 PD. The C-1 zoning was designed to permit Class 1 automobile dealerships. For new facilities the city requires a 0.4 floor area ratio. Existing facilities have no minimum but must increase density if expanded. This site has 369,969 square feet of developable area. This City requirement would indicate a desired minimum building size of 147,988 square feet. The current Toyota building is just over 49,000 square feet.

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This structured parking ramp is designed for a future addition to the north into the footprint of the existing dealership facility. This addition could only happen after the construction of a new dealership facility on the east portion of the site.

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The current proposal allows for consideration of a future new 92,000 square foot dealership. The added parking in the current request, while needed by the dealership, would partially mitigate the loss of parking allowing for construction of any future dealership building.

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Ramp Construction and Materials The ramp structure consists of three tiers with roof parking. The towers and spandrels will be white precast concrete with decorative scoring patterns. The main structure will be standard gray concrete double tees. The site requires deep piling foundations. The exterior white precast spandrels and tower panels are a deviation from Code section 21.301.06(h)(2)(B) which states that the “Structure design and exterior building materials of a

parking garage must be compatible with the surrounding buildings.” The white ramp exterior will blend and compliment any new Toyota dealership facility or remodeling of the existing to meet the Toyota design standards.

The ground level of the ramp is elevated to allow large trucks access to the truck dock and trash facilities in the existing Toyota dealership. The ramp will have an elevator for accessible access to all levels. The south wall of the existing dealership building will provide the fire separation required from the ramp. Additional Requested Deviation Walser request the use of cable railings at the north elevation of the parking structure. This is a deviation from a railing that would block headlight visibility. The cable railings are strung between columns. With a future planned expansion, the cable railings would be removed to allow vehicles to drive into the expanded north portion of the ramp. Civil Engineering Please refer to the submitted civil engineering plans by Rehder & Associates, Inc. for this proposal. Per the City and Watershed requirements, we are proposing an infiltration basin to provide volume control for 1.1” off of the disturbed and reconstructed impervious pavement areas in addition to providing water quality and rate control. As previously noted, there is a small reduction in the hard surface area for the site with this request. Landscaping The parking ramp is constructed entirely within the existing pavement. There is some reduction in the pavement to create a new infiltration pond. Please refer to the landscape plan in the civil

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set for restoration of these areas. The remaining existing landscaping remains as previously approved. Exterior Lighting A photometric plan has been submitted showing the low level of lighting for the roof parking at the ramp. The existing approved lighting remains for the balance of the site. Walser Automotive Group and Phillips Architects respectfully requests the City Council’s approval of this project.

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1

Johnson, Nick M

From: Suzanne Glad

Sent: Wednesday, April 8, 2020 2:40 PM

To: Johnson, Nick M

To: Bloomington Planning Commission

From: Suzanne Glad

I just received notice that Walser would like to build a three story parking garage on it's property on American

Blvd. I am against this proposal.

We have several car dealerships along 494 here. If we OK this development, we will have established a

precedent. Then all of the other (I count 3) dealerships will also want three story garages.

I believe that is going to look junky so close to 494. Basically, that is our main street. It eventually will need to

be widened just like 35W. That would then put these large, unattractive structures even close to our cities main

street.

This seems like a wrong step for our community. We want to be pro-business, but also want to retain an

attractive appearance on our "main street".

Sincerely,

Suzanne Glad

Right-click here to download pictures. To help protect your

Virus-free. www.avast.com

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1

Johnson, Nick M

From:

Sent: Thursday, April 9, 2020 12:47 PM

To: Johnson, Nick M

Subject: Re: Walser Toyota application

Hi Nick: Based on the diagram of the location of the parking ramp it does not look like there would be any need for lighting on the west side of the ramp so lighting should not be a problem. The wall sconce lighting used in the ramp I'm guessing would not show out to the west and the post lighting should be ok as it looks like they would all be in the east side of the building and ramp. However there should be trees planted on the west side of the parking ramp (spruce or red pine) similar to the trees planted on the west side of the existing building. Thanks. John On Thursday, April 9, 2020, 09:42:09 AM CDT, Johnson, Nick M <[email protected]> wrote:

Hi John,

Here is a link to the application page for the Walser Toyota parking ramp: https://permits.bloomingtonmn.gov/ProdPortal/Planning/Status?planningId=2181

Let me know if you have any questions.

Take care,

NICK M. JOHNSON

Planner, Planning Division

Pronouns: (he/him/his)

PH: 952-563-8925 EMAIL: [email protected]

1800 West Old Shakopee Road, Bloomington, MN 55431

[CONFIDENTIALITY AND PRIVACY NOTICE] Information transmitted by this email is proprietary to the City of Bloomington and is intended for use only by the individual or entity to which it is addressed, and may contain information that is private, privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority, you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records. If you received this communication in error, please notify me promptly.

63

Development Review Committee Approved Minutes

Development Application, #PL202000055

Mtg Date: March 31, 2020

McLeod Conference Room - Remotely

Bloomington Civic Plaza 1800 West Old Shakopee Road

Staff Present Remotely: Brian Hansen (Eng., Chair) 952-563-4543 Londell Pease (Planning) 952-563-8926

Renae Clark (Park & Rec) 952-563-8890 Glen Markegard (Planning) 952-563-8923

Laura McCarthy (Fire Prev.) 952-563-4813 Bernadette Gillespie (Insp) 952-563-4709 Mike Hiller (Planning) 952-563-4507 Steve Segar (Eng.) 952-563-4533

Jason Heitzinger (Assessing) 952-563-4512 Eileen O’Connell (Public Health) 952-563-4964

Maureen O’Brien (Legal) 952-563-8781

Project Information: Project Walser Toyota Parking Ramp

Site Address 4401 American Boulevard W

Plat Name PA WALSER ADDITION;

Project Description 1) Rezoning from CS-0.5 to C-1

2) Major Revision to Preliminary Development Plans, and Final Development Plans to

construct a three-story parking structure with 415 parking/inventory stalls to serve an

existing Class I motor vehicle sales facility.

Application Type Rezoning; Preliminary/Final Development Plan;

Staff Contact Nick Johnson; 952-563-8925, [email protected]

Applicant Contact Dave Phillips, [email protected] or 612-377-3333

Planning Commission 04/23/2020 – Public hearing

City Council (tentative) 05/18/2020

NOTE: All documents and minutes related to this case can be viewed at www.blm.mn/plcase, enter the permit

number, “PL202000055” into the search box.

Guests Present Remotely:

Name Email

Dave Phillips [email protected]

Nick Adam Steve Fitzel

Don Schilling

[email protected]

[email protected]

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http://www.blm.mn/plcase




Pre-application DRC PL202000055

Introduction:

Nick Johnson (Planning):

The applicant requests rezoning the northern portion of the site from CS-0.5 to C-1, Preliminary and Final Development Plans for a three-story parking ramp with up to 415 inventory/parking stalls –

including some double or stacked parking in the southwest corner of the site. Total height of the

parking structure would be approximately 50 feet. This is the first phase of a larger future

redevelopment of the motor vehicle sales facility to be constructed in multiple phases. Dave Phillips anticipated that the parking ramp will accommodate car inventory and employee parking only.

Discussion/Comments:

Please review the comment summary and plans for mark-up comments as all the comments are

not discussed at the meeting.

Renae Clark (Park and Recreation):

o No Comment

Jason Heitzinger (Assessing):

o No Comment

Bernadette Gillespie (Building and Inspection):

o Structure must meet the MN State Building code and MN Accessibility code. o Separate permit and review by the MN State Elevator inspector required.

Laura McCarthy (Fire Prevention):

o Review comments are for the ramp only.

o Must maintain and provide fire department access. o Ramp must meet the MN State Building code for opening percentage to avoid sprinkling.

o Dry stand pipe system is required. Locations will be reviewed by the Fire Department.

Brian Hansen (Engineering) provided the Public Works comments and noted the following:

o Please review all the comments in the comment summary. o The Southwest corner has a retaining wall along the ramp that a portion encroaches into the

easement. Please redesign the wall or apply for an encroachment agreement. Highly recommend

relocating the wall out of the easement

o Nine-Mile creek review and permits required

Steve Segar (Utilities):

o Fire hydrant at the Southwest corner is blocked and a full evaluation of hydrant coverage is

required.

o Water line looping not required for this project. It will be required for future phases. o Sewer and water services for elevator or entries are not shown. Concerns of possible wash-down

areas. Need to separate rain water and waste water disposal appropriately.

Eileen O’Connell (Public Health):

o No Comment

Maureen O’Brien

o No Comment

Nick Johnson (Planning): (GLEN NO COMMNT)

o Parking structures must be designed to block the visibility of vehicle headlights from the

exterior (Sec. 21.301.06(h)(2)(B(i)). Cable railings would not satisfy this requirement. The

northern elevation of the ramp will require revision. o Only inventory vehicles may be parked in double-stacked fashion. Inventory parking spots

must be clearly identified and differentiated from customer and employee parking in some

manner. o Based on the proposed site disturbance area, 0.63 acres (approx. 27,450 square feet), the

landscape plan must include 11 trees and 27 shrubs. 65

Pre-application DRC PL202000055

o Outdoor loudspeakers or public address systems are prohibited.

o All lights not essential for security must be extinguished one hour after close of business or must be designed with occupancy sensors to turn-off or reduce the light levels.

Dave Phillips stated the cable railing is a temporary measure to allow easier construction for phase two addition

to the ramp to the north. He questioned if an opaque mental panel on the railings as a temporary alternative. Johnson suggested a follow-up conversation.

Nick Adams stated the retaining wall encroachment would be adjusted as it was an oversight.

Dave Phillips clarified there are no expectations of the sanitary connection to the ramp unless the elevator

requires a pit flood drain. Assumes all the drainage would go to the storm water system. A car wash will be added for vehicle cleaning in a second phase. Clarifies cleaning of the ramp is with a mechanical sweeper,

similar to the existing lot.

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Comment Summary

Application #: PL2020-55

Address: 4401 American Boulevard West, Bloomington, MN 55437

Request: Rezoning from CS-0.5 to C-1, a Major Revision to Preliminary Development Plans, and

Final Development Plans to construct a three-story parking structure with up to 415

parking/inventory stalls to serve an existing motor vehicle sales facility (Class I).

Meeting: Pre-Application DRC – February 18, 2020

Post-Application DRC – March 31, 2020

Planning Commission – April 23, 2020 City Council (Projected) – May 18, 2020

NOTE: All comments are not listed below.

Please review all plans for additional or repeated comments.

Building Department Review: Duke Johnson at [email protected], (952) 563-8959

1) Must meet current MN State Building Code

2) Must meet MN Accessibility Code 3) Separate permit and review by MN State Elevator inspector for elevators, escalators and moving

walkways.

Fire Department Review: Laura McCarthy at [email protected], (952) 563-8965

1) Provide for the new structure and maintain for existing structures emergency vehicle access throughout

the property.

Construction/Infrastructure Review: Brian Hansen at [email protected], (952) 563-4543

1) The geotech report shows that soil investigations and pile recommendation were for the eastern portion of the site.

2) Soils in the area may not be suitable for infiltration

Traffic Review: Brian Hansen at [email protected], (952) 563-4543

1) Provide appropriate MMUTCD references for signs proposed for circulating traffic. All private signage

must be installed outside of the city right-of-way.

2) All construction and post-construction parking and storage of equipment and materials must be on-site. Use of public streets for private construction parking, loading/unloading, and storage will not be allowed.

3) Show location of a bike rack and bike rack detail on the plan.

4) Label drive aisle and parking space dimensions, meet the City Code requirements (21.301.06)

Utility Review: Brian Hansen at [email protected], (952) 563-4543 67

Bloomington, MN Case #PL2020-55

Page 2 of 3

1) Utility as-builts must be provided prior to issuance of Certificate of Occupancy. 2) Use updated city standard details for driveways, utilities, erosion control, etc. found on the website at

www.bloomingtonmn.gov/information-sheets-and-handouts-engineering-division

3) Utility permits are required for connections to the public storm, sanitary, and water system. Contact

Utilities (952-563-8777) for permit information. 4) A minimum 10-foot horizontal separation and 18-inch vertical separation is required between watermain

and sewers.

5) Install hydrants to provide fire protection for entire building. Each hydrant covers 150-foot radius. 6) Provide a minimum of 8-feet and a maximum of 10-feet of cover over all water lines, valves, services, etc.

7) Use Class 52 DIP water main for pipe 12-inches in diameter and smaller. A minimum 8 mil polywrap is

required on all DIP. 8) Taps of live water mains are done by City forces and paid for and coordinated with the Contractor.

9) Utility and mechanical contractors must coordinate the installation of all water and sewer service pipes

into the building to accommodate city inspection and testing.

10) Sanitary sewer mainline, clean-outs, manholes, and services must be designed with adequate depth of cover or install high-density polystyrene insulation to prevent freezing.

11) Use schedule 40, SDR 26, or better for PVC sewer services.

12) Watermain construction should be planned for future looping into easterly water service/hydrant. 13) Will there be a sanitary sewer service for the elevator or enclosed stairs at the northeast corner of the

proposed ramp?

Water Resources Review: Brian Hansen at [email protected], (952) 563-4543

1) Encroachment agreement application must be submitted for encroachment in public right-of-way or

easements. 2) Utility as-builts must be provided prior to issuance of Certificate of Occupancy.

3) Move landscaping, pond, retaining wall, or other structure out of right-of-way or easement.

4) Provide stormwater management plan meeting the requirements of Bloomington Comprehensive Surface

Water Management Plan. 5) A maintenance agreement must be signed by the property owner and recorded at Hennepin County.

6) An erosion control bond is required.

7) Show erosion control BMP locations on the plan 8) List erosion control maintenance notes on the plan.

9) Provide a turf establishment plan

10) HDPE pipe connections into all concrete structures must be made with water tight materials utilizing an A-Lok or WaterStop gasket or boot, cast-in-place rubber boot, or approved equal. Where the alignment

precludes the use of the above approved watertight methods, Conseal 231 WaterStop sealant, or approved

equal will only be allowed as approved by the Engineer.

-------------------------------------- HDPE pipe connections into all concrete structures must be made with water tight materials utilizing an

A-Lok or WaterStop gasket or boot, cast-in-place rubber boot, or approved equal. Where the alignment

precludes the use of the above approved watertight methods, Conseal 231 WaterStop sealant, or approved equal will only be allowed as approved by the Engineer.

11) Utility permits are required for connections to the public storm, sanitary, and water system. Contact

Utilities (952-563-8777) for permit information.

12) Submit a copy of Nine Mile Creek Watershed District permit and comments prior to issuance of City of Bloomington permits (www.ninemilecreek.org)

13) Water quality modeling is done for watershed area of 0.88 acres. Volume control designed for 0.28 acres,

sum total of new and/or reconstructed impervious surface is 1.16 acres. Plans indicate 0.63 acres of disturbance. Please describe differences in watershed areas.

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Bloomington, MN Case #PL2020-55

Page 3 of 3 Provide soil information to verify infiltration rate. Water to infiltrate within 48 hours.

Provide groundwater elevation information for area.

Drainage from inside parking structure needs to be treated prior to entering stormwater BMP or routed to

sanitary sewer if more than 50% enclosed.

15" RCP outfall to Wanda Miller shown to remain under proposed parking structure. Consider rerouting

drainage and abandoning 15" RCP.

Pre-treatment of runoff is typically required prior to entering stormwater BMP. Provide additional

description of how you determined the area will not see a lot of sediment.

Planning Review: Nick Johnson at [email protected], (952) 563-8925

1) Parking structures must be designed to block the visibility of vehicle headlights from the exterior (Sec. 21.301.06(h)(2)(B(i)). Cable railings would not satisfy this requirement. The northern elevation of the

ramp will need to be revised.

2) Only inventory vehicles may be parked in double-stacked fashion. Inventory parking spots must be clearly identified and differentiated from customer and employee parking in some manner.

3) Based on the proposed area of site disturbance, 0.63 acres (approx. 27,450 square feet), the landscape plan

must include 11 trees and 27 shrubs. The landscape plan submitted is deficient by 11 trees and 15 shrubs. 4) The parking structure must comply with the noise requirements for motor vehicle sales facilities (Sec.

21.303.01(b)). Outdoor loudspeakers or public address systems are prohibited.

5) Parking structure lighting must comply with Section 21.301.07(c)(13) of the City Code. Parking garage

lights must be 90-degree cutoff fixtures, not with drop-down lens. The customer and employee parking in the parking structure must have a minimum illumination of 5.0 FC, and the open air level is regulated as

an open air parking lot with a minimum of 2.0 FC. The illumination level of the perimeter 25 feet of

parking areas can be reduced by 50 percent. There are also minimum illumination levels for vehicle and pedestrian entrances/exits. Lighting plans must be provided for all parking levels, not just the roof.

Lighting must be designed with occupancy sensors and all lights not essential for security must be

extinguished one hour after close of business.

6) Parking island required at the end of parking tier. Island must have raised curb, be eight feet in internal width and have a deciduous tree.

7) These parking areas appear different on the civil plans than the architectural site plan. Consistency

between the two plan sets is required. 8) New parking lot island must have a deciduous tree.

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