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03 25 24 PC Packet REGULAR MEETING AGENDA Planning Commission meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during the planned public comment sections. Some members of the Commission may attend virtually. Members of the public may attend virtually by following instructions below. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001, entering access code 2632 561 0873, and password 1234 from phones and video systems. 1. Call to Order & Land Acknowledgement 2. Approval of Agenda 3. Approval of Minutes March 11, Regular Meeting – continue to next meeting 4. Staff Introduction Darren Groth, Assistant Community Development Director Christine Costello, Housing & Econ. Dev. Manager 5. Informal Public Hearing – Minor Subdivision for “Paisley Edgewood” Applicant: Brian D. Walvatne Location: 227 Paisley Lane and 220 Edgewood Avenue North 6. Informal Public Hearing – Future Land Use Amendment, Zoning Map Amendment, Preliminary Plat and Conditional Use Permit Applicant: GV 6100 Holdings LLC Location: 6100 Golden Valley Road 7. Informal Public Hearing – Zoning Ordinance Text Amendment for Sacred Communities Applicant: City of Golden Valley Location: City-Wide 8. Council Liaison Report March 25, 2024 – 6:30 pm City Council Chambers Hybrid Meeting City of Golden Valley Planning Commission Regular Meeting March 25, 2024 – 6:30 pm 2 9. Other Business a. Reports on Board of Zoning Appeals and Other Meetings 10. Adjournment 1 Date: March 25, 2024 To: Golden Valley Planning Commission From: Kendra Lindahl, AICP Consulting City Planner Subject: Informal Public Hearing – Minor Subdivision at 227 Paisley Lane and 200 Edgewood Avenue North Property address: 227 Paisley Lane and 200 Edgewood Avenue North Applicants: Brian D. Walvatne Property owners: Brian D. Walvatne and Emily Kuhmuench Zoning District: Single Family Residential (R-1) Lot size: 0.552 and 0.674 acres Current use: Single family Residential Proposed use: Single Family Residential Adjacent uses: Single family Residential 2018 aerial photo (Hennepin County) 2 Summary of Request The applicant is proposing to subdivide the two lots to create three lots. The two lots have existing homes that would remain (on Lot 1 and Lot 3) and Lot 2 would be created on the rear of 200 Edgewood Lane for a new home. Access to the new lot would be from Paisley Lane. Existing Conditions The subject property is zoned R-1 Single Family Residential and is also guided for the same zoning classification in the City’ s Comprehensive Plan (Low Density Residential). Neighborhood Notification and Public Comments As required under the City’s Neighborhood Notification Policy, a neighborhood mailing was sent on March 14th. At this time, staff has not received any written comments. Staff will provide copies of any comments and responses at the meeting on March 25th. Minor Subdivision Eligibility In the City’ s subdivision code (Section 109-119) there are three conditions laid out for a request to be considered a minor subdivision action: 1. The land to be subdivided or consolidated must be part of a recorded plat or a recorded registered land survey (RLS). 2. Consolidations may involve any number of parcels, but subdivisions shall be limited to the creation of four or fewer lots from one or more original parcels 3. The subdivision or consolidation shall not necessitate any additional public investment in new roads or utilities to serve the lots. The proposed subdivision meets all three standards. Figure 1 - proposed plat 3 Staff Analysis The lots would exceed the dimensional requirements for the R-1 district as shown in the table below: R-1 Standards Lot 1 (existing home) Lot 2 Lot 3 (existing home) Lot Size 15,000 sq. ft.* 15,741 sq. ft. 15,000 sq. ft. 22,638 sq. ft. Lot Width (measured at setback) 80 ft. 99.5 ft 99.5 ft. 100+ ft. Front Setback 35 ft. 41.1 35 ft. 39.7 ft. Side Setback 15 ft. (varies) 18.8 ft. 15 ft. 23.7 ft. Rear Setback 25 ft. 25 ft. 25 ft. 25 ft. Maximum Impervious 50% TBD TBD TBD Coverage Maximum 40% TBD TBD TBD *All lots shall meet the 10,000 sq. ft. minimum area requirements of the R-1 zoning district, except that lots in the Single-family Residential (R-1) District created through subdivision after 2014 must be at least 15,000 square feet if the average of the R-1 single-family lots within 250 feet of the subject parcel have an average lot area of 18,000 square feet or greater, excluding from the calculation the subject parcel and lots less than 4,001 square feet. The applicant will need to provide the impervious surface and lot coverage calculations for the existing homes. There are no plans for the new lot at this time, but any new construction will be required to show compliance with these standards at building permit. The two existing homes are connected to sewer and water and Lot 2 will connect to utilities on Paisley Lane. This would not require any new routing for sewer/ water service. Engineering will require the hydrant to be removed/relocated by the applicant when the service is extended to the north side of the cul-de-sac for the new lot. The lot new lot (Lot 2) does have some sloping topography falling from north to the southeast corner4 approximately 11 feet. This should not impact the buildability of the lot, but may require some regrading to better manage stormwater runoff. Prior to Council approval, the preliminary and final plat drawings must be updated to show the required drainage and utility easements on the tree proposed lots. Section 109-147 requires easements at least 10 feet wide abutting public right-of-way and at least 12 feet wide centered on rear and other lot lines. As required by the Subdivision Code, a tree inventory was performed in order to document all existing trees. This inventory will be reviewed by the City Forester and used to calculate any required tree replacement as the lots are redeveloped. A Tree and Landscape permit is required for the construction of a new single family home. Applicants are encouraged to preserve existing significant and legacy trees to the extent feasible. 4 A City Stormwater Management permit is required for the construction of a new single family home. The existing sanitary sewer line is currently compliant for the City’s Inflow and Infiltration requirements. At the completion of construction for the new home, the new sewer service would also be inspected to ensure compliance. The Fire Department and Building Inspections staff has reviewed the application and have no outstanding comments or concerns. Qualification Governing Approval as a Minor Subdivision According to Section 109-121 of the City’s Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comments related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. The three proposed lots would meet the area requirements of the R 1 Single Family Residential Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. The City Engineer finds that the lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots. One additional set of sewer and water connections will be necessary. Engineering does not feel the addition of the new lot will place an undue strain on City utility systems. 4. Approval of the minor subdivision may require the granting of certain easements to the City. Easements required by the City are not shown and the plat must be updated to show the standard lot perimeter drainage and utility easements. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision, the agencies will be given the opportunities to comment. N/A 6. The City may ask for review of title if required by the City Attorney for dedication of certain easements. The City Attorney is currently reviewing the title work and is expected to complete the review prior to Council action. 7. The minor subdivision may be subject to park dedication requirements. A park dedication fee of (6% of the estimated land value with 50% credit for existing units) is required for this subdivision based on the finding that home owners will benefit from public parks and trails. 5 8. The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will be granted to any application that meets the established conditions. All conditions have been met. Recommended Action Staff recommends approval of the Minor Subdivision, subject to the findings and conditions in this report. Attachments: Location Map Preliminary Plat “Paisley Edgewood” BCWMC Modeled1% ChanceInundation BCWMC Jurisdiction City Jurisdiction Shoreland Overlay Zoning District FEMA FloodInsurance RateMap 1% Chance (100-yr) Floodplain 0.2% Chance (500-yr) Floodplain March 12, 2024 1 inch = 376 feet I 323334353637383940414243444546N00°46'48"W 99.50 136.8136.82 2 7 P a i s l e y L a n e 220 Edgewood Ave N59°01'17"E29.9378.28Δ=128°09'06"R=35.00N61°21 '54 "E 110 .19N34°19'35"W 175.36N89°29'31"W 65.04S00°43'57"E 205.77N89°10'41"W 294.92S89°11'51"E 294.99L O T 4 B L O C K 2 P a i s l e y Ln Edgewood Ave N SHEDLOT 1LOT 2LOT 3S00°46'48"E 99.55 99.5 53.03N81°28'19"EDESCRIPTION OF PROPERTY SURVEYEDLot 4 Block 2 Tralee, Golden Valley, MinnesotaSqFt = 24027 Acreage = 0.552the South 100 feet of the North 600 feet lying East of Edgewood AveN being part of Lot 3 of Auditor's Subdivision No. 322, HennepinCounty, Minnesota.SqFt = 29352 Acreage = 0.674Survey Notes1. Bearings are based on the Hennepin County Coordinate System.2. Site Address: 227 Paisley Lane, 220 Edgewood Ave3. This survey is based on the legal description as provided by theClient4. This Surveyor has not abstracted the land shown hereon foreasements, rights of way or restrictions of record which mayaffect the title or use of the land5. Do not reconstruct property lines from building ties6. Watermain and sanitary sewer information shown from recorddrawings provided by the City of Golden ValleyFOUND IRON MONUMENTLinetype & Symbol Legend MINNESOTA LAND SURVEYOR CERTIFICATIONI hereby certify that this survey, plan or report was prepared byme or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota.Dated this 10th day of March, 2024.___________________________________________________Kelly D Ness Minnesota License No. 45847SET IRON MONUMENTPRELIMINARYPLAT5775 Wayzeta Blvd #700St Louis Park, MN 55416info@skysurv.usTree Inventory: (Rod Rodman, ISA Certified Arborist)Tag # 32-White Oak 32" DBH-rating 3. two large cuts and a large tear-out on main leaderopen to decay, cavity and shear crack at attachment of large lead to southTag # 33-White Oak 16" DBH-rating 5Tag # 34-White Oak 21" DBH-rating 5Tag # 35-Red Pine 17" DBH-rating 5. 50% live crown ratioTag # 36-Red Pine 18" DBH-rating 5. 80% live crown ratioTag # 37-White Pine 12" DBH- rating 4. 40% live crown ratioTag # 38-Red Pine 16" DBH-rating 5. 50% live crown ratioTag # 39-Silver Maple 36" DBH-rating 5. several weak branch attachmentsTag # 40-Eastern Larch 10" DBH-rating 4. Main leader has been damaged by adjacent treeTag # 41-Cottonwood 30" DBH-rating 5Tag # 42-Cherry 18" DBH-rating 4. Damage to trunk at ground level-25% of cambiummissing with some decayTag # 43-Colorado Spruce 23" DBH-rating 3. 40 % live crown ratio with fungal infectionTag # 44-Red Oak 41" DBH-rating 4. Poor branch attachments throughoutTag # 45-Black Hills Spruce 10" DBH-rating 3. 30% live crown ratio with fungal infectionTag # 46- Basswood 41" DBH-rating 5. several minor stem girdling rootsPRELIMINARY PLAT: PAISLEY EDGEWOODAREASS.F.ACRESPROPOSED LOT 115,741 0.36PROPOSED LOT 215,000 0.34PROPOSED LOT 322,638 0.52Draft copy - not for submittal2022-10-25 227 Paisley SkySURV-227 Paisley-Plat.dwg 1 Date: March 25, 2024 To: Golden Valley Planning Commission From: Kendra Lindahl, AICP Consulting City Planner Subject: Informal Public Hearing – Land Use Map Amendment, Zoning Map Amendment, Preliminary Plat and Conditional Use Permit Property address: 6100 Golden Valley Road Applicants: GV 6100 Holdings LLC Property owners: Learning Disability Assoc., Inc. Zoning District: R-3 Lot size: 1.02 acres Current use: Office Proposed use: Daycare Future land use: Medium Density Residential Adjacent uses: Townhomes, Light Industrial, Apartments 2022 aerial photo (Hennepin County) Summary of Request The applicant is requesting approval to allow the existing building and site to be reused as a daycare. The building was originally constructed in the 1960s and has most recently been used as 2 a learning center. Iin order to allow the improvements for Yellow Brick Road Early Childhood Development Center, the applicant is requesting: 1. An amendment to the Future Land Use Map to reclassify the property from Medium Density Residential back to Office, 2. A Zoning Map amendment to reclassify the property from R-3 (Medium Density Residential) to Office, 3. A conditional use permit for a child care center and 4. Preliminary plat approval. Existing Conditions The site is developed with the existing office/learning center building. The building received approval of several variances for the building and improvements in 1968, 1969, 1980 and 1990 resulting in the current configuration of the site. The northwestern portion of the site is in the shoreland management district for Bassett Creek. Neighborhood Notification and Public Comments As required under the City’s Neighborhood Notification Policy, a neighborhood mailing was sent on March 14th. At this time, staff has not received any written comments. Staff will provide copies of any comments and responses at the meeting on March 25th. Land Use Amendment As part of the 2040 Comprehensive Plan update, the property was reclassified from Office to Medium Density. This site is not identified as one of the study areas in the Comprehensive Plan. The applicant is asking the City to revert back to the prior Office land use designation. Future Land Use Map (City of Golden Valley - 2040 Comprehensive Plan) 3 The Comprehensive Plan is a living document and when the City finds evidence to support a change to the plan, the City Council has the discretion to make a change. The City should consider the following issues when reviewing a comprehensive plan amendment request: • Evidence submitted by the applicant demonstrating the reason(s) that the plan should be changed, including, but not limited to, whether new information has become available since the Comprehensive Plan was adopted that supports re-examination of the plan, or that existing or proposed development offers new opportunities or constraints that were not previously considered by the plan. • Whether or not the change is needed to allow reasonable development of the site. • The relationship of the proposed amendment to the supply and demand for particular land uses within the city and the immediate vicinity of the site. • A demonstration by the applicant that the proposed amendment has merit beyond the interests of the proponent. • The possible impacts of the amendment on all specific elements of the Comprehensive Plan as may be applicable, including, but not limited to: o Transportation o Sanitary sewer, including existing and proposed sanitary sewer flows as compared to the adopted plan; o Housing, including the extent to which the proposal contributes to the City’s adopted housing goals; o Surface water, including compliance with the City’s goals for water quality as well as water quantity management; o Water supply; o Parks and open space; and • Consideration of the impact of the proposed amendment upon current and future special assessments and utility area charges, future property tax assessments or other fiscal impacts upon the City. This is a policy decision for the City Council. The City should evaluate all of these issues when considering the decision. Staff recommends approval of the amendment as it will allow the property to be improved and be used in the manner that it has been used since the 1960s. Rezoning The applicant is requesting that this 1.02-acre be rezoned from R-3 to Office. The existing office/education facility is a legal non-conforming use. The applicant has a new child care tenant for the site and it is not permitted in the R-3 district. The rezoning is required to allow a child care center on the site. 4 The properties to the north/northeast are zoned R-3, the properties to the south across Golden Valley Road are zoned Light Industrial and Industrial, the property to the west across the railroad is zoned R-4 High Density Residential. The City has a high level of discretion when reviewing zoning amendments. Staff finds that the amendment would allow the applicant to continue to use the site as it has been used since the 1960s and make improvements to the appearance of the site. Preliminary Plat The subject property is made up of two parcels (one platted and one not). The lot line runs east-west through the site dividing the building and parking lot. The City requires the two parcels to be combined to eliminate the lot line through the building. The process to do so is preliminary and final plat. The plat would plat the property as Lot 1, Block 1, YBR Addition. The platting process allows the City to obtain additional right-of-way for Golden Valley Road and acquire drainage and utility easements. The minimum lot size in the Office district is one acre and a minimum lot width of 100 feet. The plat would comply. The Office district requires a front setback of 35 feet, side yard setback of 30 feet from the adjacent R-3 zoning district and 20-feet from the railroad. The existing building is a legal, non- conforming use and does not meet setbacks on the west and south. However, it may remain as a non-conforming structure. The north and east parking edges are remaining unchanged. This is also a legal, non-conformity that may remain. The parking in the northwest area is proposed to be removed and reimagined as an outdoor class room and play area. The proposed changes will result in a reduction of impervious area on site from 74.34% to 64.69%. Figure 3 - Preliminary Plat 5 The changes to the site include the elimination of one of the curb cuts on Golden Valley Road and pulling the bituminous back slightly from the front lot line to reduce the non-conformity. Staff supports those changes. Conditional Use Permit Child care centers are a conditional use in the Office zoning district. The applicant’s narrative says that the new tenant, Yellow Brick Road Early Childhood Development Center, plans to serve approximately 80 families (with up 116 children). In addition, thy will have 13-15 teachers and 5 administrative staff. Section 113-15 of the zoning ordinance requires 1 parking space per 6 participants. The code would require 19 parking spaces for this site. Staff is concerned that the 25 proposed parking stalls will not be adequate to serve the site without blocking drive aisles or backing up into Golden Valley Drive. While parents will only be on site for a few minutes at pick up and drop off, they will need to find an available parking stall and park to bring children in as there is no drop-off lane. If the 20 staff drive to the site that leaves only 5 stalls for parents. The applicant should provide more information about how parking will be managed on site. Encouraging the use of public transportation or alternate modes of transportation with a parking management plan could be part of the solution. Furthermore, Section 113-151 of the code requires that all parking spaces be a minimum of 9 feet wide and 18.5 feet deep with a 24-foot wide drive aisle. The architect’s site plan does not comply but there appears to be adequate space on site. The dimensions shall be provided on the preliminary plat and architect’s site plan to confirm compliance. Section 113-30 of the zoning ordinance establishes the standards by which the conditional use must be reviewed. Specifically: 1. Demonstrated need for the proposed use. There is an on-going need for child care in the region. Figure 4 - Site Plan 6 2. Consistency with the Comprehensive Plan of the City. If the requested land use change to Office is approved, it will be consistent with the anticipated uses. The land use chapter of the Comprehensive Plan notes that there “continues to be demand for industrial, commercial and office properties in Golden Valley.” It goes on to say that “the City will continue to support owners in their efforts to reinvest in industrial, commercial, and office properties.” 3. Effect upon property values in the neighboring area. Approval of the request will allow the property owner to reinvest in the property which is expected to have a positive impact on adjacent properties. 4. Effect of any anticipated traffic generation upon the current traffic flow and congestion in the area. The City Engineer has completed a traffic analysis and finds that the existing infrastructure can support this use. 5. Effect of any increases in population and density upon surrounding land uses. N/A 6. Compliance with the City's Mixed-Income Housing Policy (if applicable to the proposed use). N/A 7. Increase in noise levels to be caused by the proposed use. The use may have increased noise levels from the sound of children playing in the planned outdoor classroom and play area. However, this type of noise does not typically violate MPCA noise standards. 8. Any odors, dust, smoke, gas, or vibration to be caused by the proposed use. No odors, dust, smoke, gas or vibration is expected to be caused by the use once site improvements are completed. 9. Any increase in pests, including flies, rats, or other animals or vermin in the area to be caused by the proposed use. No increase in pests is anticipated with the child care use. 10. Visual appearance of any proposed structure or use. The conditional use permit will allow the owner to make changes to the site, including removing existing pavement and replacing it with green space for outdoor classrooms and play areas. These improvements and parking lot changes will improve the visual appearance of the site. 7 11. Any other effect upon the general public health, safety, and welfare of the City and its residents. Staff does not anticipate any effect on the general public health, safety and welfare of the City and its residents. Staff Analysis The City Engineer reviewed traffic impacts for the proposed use has no concerns relate to this use. However, other potential uses allowed in the Office district could trigger the need for traffic improvements and would need to be evaluated if the tenant changed. The plat shows dedication of additional right-of-way for Golden Valley Road to provide a 70-foot ½ right-of-way as required by City policy. The plat shows dedication of the standard perimeter drainage and utility easements. However, the applicant must provide an exhibit for staff review showing all public utilities to ensure that the easements adequately cover that infrastructure. City staff believes there may be utilities that are not covered by the proposed easements. The applicant can obtain as-built drawings from the engineering department. The site plan and preliminary plat must be updated to clearly show the trash enclosure location. The enclosure should be designed to accommodate solid waste, recycling and organics recycling. The enclosure must comply with the screening requirements in Section 113-152 of the zoning ordinance. The enclosure must be located inside the building or should be located in the rear yard and must be designed to be compatible with the principal building (Section 113-157). Details must be provided for City review and approval. A City Stormwater Management permit is required for the construction. That permit will require submittal of civil drawings with demolition, grading/stormwater, utility, site, etc. for review and approval by staff. The existing sanitary sewer line is currently compliant for the City’s Inflow and Infiltration requirements. No Tree and Landscape permit is required. The Fire Department and Building Inspections staff has reviewed the application and have no outstanding comments or concerns. Staff Findings Staff recommends approval of the request based on the finding and conditions in the staff report. In order to provide support for the recommendation below, staff is offering the following findings of fact related to reguiding (land use designation): 8 a. The change will simply revert to the land use designation that was in place prior to adoption of the 2040 Comprehensive Plan. b. The change will allow the landowner to continue to use the site in much the same manner as it has been used since construction of the building in the 1960s and will offer an opportunity to reinvest in the property. c. The reguiding will have no significant impact on City infrastructure. In order to provide support for the recommendation below, staff is offering the following findings of fact related to the rezoning: a. The rezoning will allow the existing land owner to bring in a new tenant and reinvest in the property. b. Rezoning the property allows redevelopment of the site, which triggers the replat allowing the City to obtain additional street right-of-way and drainage and utility easements that do not exist today. c. The existing site has a number of non-conformities, but the rezoning has little impact on the structure non-conformities but would allow a redevelopment opportunity to reduce impervious surface area on site. In order to provide support for the recommendation below, staff is offering the following findings of fact related to subdivision: a. The preliminary plat and site plan must be updated to show compliance with the parking dimension standards. b. The impervious surface calculations must be shown on the preliminary plat and site plan. c. The preliminary plat must be updated to show the trash/recycling enclosure in compliance with ordinance requirements. d. The applicant must show all private and public utilities on site to ensure that drainage and utility easement are provided as required. e. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. f. The City Attorney will complete the title review prior to approval of the final plat. In order to provide support for the recommendation below, staff is offering the following findings of fact related to the conditional use permit for child care: a. The applicant should provide more information about how parking will be managed on site. b. A City Stormwater Management permit is required for the construction. That permit will require submittal of civil drawings with demolition, grading/stormwater, utility, site, etc. for review and approval by staff. 9 Recommended Action Based on the findings and conditions above, staff recommends approval of the following: 1. Amendment to the Future Land Use Map, changing the guided land use from Medium Density Residential to Office, 2. Rezoning the property from R-3 to Office, 3. Preliminary Plat for YBR Addition and 4. Conditional Use Permit for Child Care. Attachments: a. Location map b. Land Use Map c. Zoning Map d. Applicant’s narrative e. Architect Site Plan f. Preliminary Plat – existing conditions g. Preliminary Plat – proposed conditions h. Final Plat i. City Engineer trip generation analysis location map BCWMC Modeled1% ChanceInundation BCWMC Jurisdiction City Jurisdiction Shoreland Overlay Zoning District FEMA FloodInsurance RateMap 1% Chance (100-yr) Floodplain 0.2% Chance (500-yr) Floodplain March 11, 2024 1 inch = 376 feet I Chapter 2: Land Use 2-26 City of Golden Valley 2040 Comprehensive Plan Figure 2.9: Future Land Use Map Medicine Lake Rd G o l d e n ValleyRd Winnetka Ave NDouglas Dr NDuluth St Theod o r eWirthPkwyG le n w oodA v e Glenwood Ave General Mills BlvdWinnetka AveXeniaAveS§¨¦394 §¨¦394 Æÿ55Æÿ55 Æÿ100 Æÿ100£¤169 £¤169 Sources: Hennepin County Surveyors Office for Property Lines (2017), City of Golden Valley for all other layers (2017). Future Land Use Residential Low Density Moderate Density Medium Density High Density Mixed Use Neighborhood Community Commercial Office Retail/Service Industrial Light Industrial Industrial Open Space Parks and Natural Areas Water Feature Institutional Assembly Civic Medical Right-of-Way Railroad Right-of-Way (public and private) 0 0.5 10.25 Mile At the heart of Yellow Brick Road (ybrecdc.org) is a community of teachers and staff whose top priorities are the children and families in our schools. With our mission “to put good humans into the world, and leave it better than we found it”, we aspire to positively impact everyone who attends, visits, and works for Yellow Brick Road. When we look to put good humans into the world we start in our communities and we are excited to join the community of Golden Valley. In our new location, we plan to hire 13 - 15 teachers who are looking for long-term careers with the opportunity for professional development. In addition to our full-time teachers, we will also hire 2 administrators and 3 support staff. We know that the children we are teaching will grow to become integral parts of our communities so the importance of “putting good humans into the world” is not at all lost on that front. While we prepare our students for academic success, we also teach them social skills and kindness that they can carry as life-long skills. In this location, we will have the opportunity to serve 116 students (24 infants, 32 toddlers, 40 preschool, and 20 prekindergarten students) and we will be able to carry out that mission in the community of Golden Valley! The school will be open Monday through Friday from 7 am to 6 pm. When looking to “Leave it better than we found it”, we mean everything. Not the generalized ‘world’, but our small corners of it. We are hopeful that will soon include the city of Golden Valley. Yellow Brick Road is a company that strives to positively impact communities by getting to know the individuals who call a town a hometown. We partner with local businesses to offer experiences and services that are unique to the areas we serve. Every winter we have a give-back initiative driven by each of our schools. By giving every school the ability to choose an organization, family, or foundation to give back to, we watch the people inside Yellow Brick Road serve the communities to which they belong. Often those outreach opportunities turn into long-term partnerships using Yellow Brick Road as the vessel to help those who need it. In turn, we lean on our communities to help our families, teachers, and children as best they can through services and relationships. We understand that a community cannot exist without balance and partnership between residents and commerce, which is why we want to make it easy for the residents of Golden Valley to adjust to our school coming in. Often when discussing new schools with a community there is a concern around traffic. We work to alleviate that concern before we encounter it by having widespread drop-off and pick-up times that range from three to four hours in the morning and two to three hours in the afternoon. Knowing that most families have multiple children (1.3 children per family on average), we only anticipate around 80 families dropping off and picking up daily if our school is at 90% capacity. With quick drop-offs and pick-ups that average five to ten minutes at a time, that breaks down to 20 to 26.6 families in our parking lot per hour and 6.65 cars every 15 minutes making the commute and drop-off and pick-up easy for everyone involved. In addition to how we serve our communities, families, and staff; we pride ourselves on the execution of our core values in our day-to-day operations. Our six core values; positivity, fun, nurturing, communication, collaboration, and innovation are not words that we take lightly. We train on them, teach with them, and build relationships through exuding them. When we thought of what core values best fit Yellow Brick Road, we landed on these six because they describe exactly how we want to handle every situation. Unparalleled open communication with our parents, employees, and community partners ranks as one of the top promises that we make to everyone involved with Yellow Brick Road. Through open communication, we bring innovation with us wherever we go. While the world of education is always evolving, children are also changing and adapting to the world around them. We implore our teachers to learn alongside their students with our innovative curriculum; which incorporates our other core values of fun, positivity, nurturing, and collaboration. Our students are at the heart of our lesson plans that are individualized in each classroom based on interests and developmental goals. Of course, our innovation spans past our curriculum and even past our schools. We are constantly looking for new ways to join our communities to offer something that is a unique blend of Yellow Brick Road and the areas we serve. We have included a few articles that highlight how we have used innovation in the communities that have already welcomed us! Being a preschool company that was started in Minnesota and is operated passionately by lifetime learners and educators; Yellow Brick Road has become a staple in the communities we serve by acting as a foundation for education for our students and the ‘village’ our parents need at every turn. We truly believe that our take on early childhood education and our execution in all that we do is what makes us uniquely Yellow Brick Road. Playdates and Partnerships: Why Childcare Centers Should Join the Community Fun: https://ybrecdc.org/ybr-news/playdates-and-partnerships-why-childcare-centers-should-join-the- community-fun/ Nurturing the Future: The Importance of Quality Childcare: https://ybrecdc.org/ybr-news/nurturing-the-future-the-importance-of-quality-childcare/ The Six Human Needs Meet our Six Core Values: https://ybrecdc.org/ybr-news/the-six-human-needs-meet-our-six-core-values/ How our K-Prep Program Prepares Your Child for Kindergarten: https://ybrecdc.org/education/how-our-k-prep-program-prepares-your-child-for-kindergarten/ Best Companies to Work for 2022: https://ybrecdc.org/ybr-news/best-companies-to-work-for-2022/ GOLDEN VALLEY ROAD(19TH AVENUE NORTH)MINNEAPOLIS, NORTHFIELD & SOUTHERN RAILWAY0'8'16'32'64' YELLOW BRICK ROADPROPOSED CHILD CARE CENTER6100 GOLDEN VALLEY ROADGOLDEN VALLEY, MN 55422EXISTING SITE PLANSCALE: 1/16" = 1'-0"1729 SF PERVIOUS5160 SF PERVIOUS482 SF PERVIOUS3248 SF PERVIOUSBUILDING9608 SF IMPERVIOUSSIDEWALK 850 TOTAL SF IMPERVIOUSBITUMINOUS SURFACE22,469 SF IMPERVIOUS887 SF PERVIOUSRETAINING WALLSIGNRETAINING WALLS408 TOTAL SF IMPERVIOUS6'-0"25'-0"SETBACK20'-0"SETBACK20'-0"EXISTING SITE TOTAL PARCEL AREA44,841 SFIMPERVIOUS AREA33,335 SF = 74.34%PERVIOUS AREA11,506 SF = 25.66%35'-0"PROJECT INFORMATION: RYLAUR, LLC.14 PHEASANT LANENORTH OAKS, MN 55127P: 612.868.3636philger@rylaur.com©2015 RYLAUR LLC.CLIENT INFORMATION:SHEET TITLE:DRAFTED:REVIEWED:SHEET DATE: NEW CHILD CARE CENTER YELLOW BRICK ROAD LEARNING CENTER LEARNING DISABILITY ASSOC.6100 GOLDEN VALLEY ROADGOLDEN VALLEY, MN 554222/10/2024 4:47:05 PMC0EXISTING SITE PLAN PRGAPH CITY SUBMITTAL2/12/20242/12/2024EXISTING EAST CURB CUT TO REMAIN EXISTING CONDITIONS -VIEW FROM NORTHEAST LOOKING SOUTHWESTERLYREVISION SCHEDULENODESCRIPTIONDATE GOLDEN VALLEY ROAD(19TH AVENUE NORTH)MINNEAPOLIS, NORTHFIELD & SOUTHERN RAILWAYSCALE: 1/16" = 1'-0"TODDLER PLAY AREA2,280 SFPRESCHOOLPLAY AREA7,670 SFPROPOSED PARKING: 25 TOTAL STALLS 23 STANDARD & 2 ACCESSIBLE REQUIRED: 126 PARTICIPANTS@ 1 STALL / 6 =21 STALLSNEWCANOPYINFANT 1505 SF 12 CHILD/3 STAFFINFANT 2484 SF 12 CHILD/3 STAFFTODDLERTRANSITION662 SF 14 CHILD/2 STAFFTODDLER 1669 SF 14 CHILD/2 STAFFTODDLER 2749 SF 14 CHILD/2 STAFFPRESCHOOL 1894 SF 20 CHILD / 2 STAFFLARGE MOTORROOM966 SF 27 OCCUPANTS (ACCESSORY)PRESCHOOL 2813 SF 20 CHILD / 2 STAFFPRESCHOOL 3842 SF 20 CHILD / 2 STAFFINFANT PLAY AREA760 SFOUTDOORCLASSROOM920 SFSETBACK LINESETBACK20'-0"6'-0" SETBACKSETBACK20'-0"24'-0"YELLOW BRICK ROAD9608 SFPARK SETBACK15'-0"25'-0" SETBACKPARKINGSETBACKON P.L.T.E./STOR.5'-0"2'-0"2102'-0"5'-0"5'-0"2'-0"3'-0"5 @ 9.4' = 47'-0"5'-0"6'-2"5'-0"8 @ 8'-6" = 68'-0"582 @ 8'-6" = 17'-0"TYP.8'-6"9.4'TYP.24'-0"10 @ 8'-6" = 85'-0"24'-3 7/8"24'-0 13/16"26'-0 9/16"PROPOSED SITE TOTAL PARCEL AREA44,840 SFIMPERVIOUS AREA29,007 SF = 64.69%PERVIOUS AREA14,360 SF = 35.31%* ASSUMING PLAY AREAS ARE 20% INPERVIOUSSIGN0'8'16'32'64'YELLOW BRICK ROADPROPOSED CHILD CARE CENTER6100 GOLDEN VALLEY ROADGOLDEN VALLEY, MN 55422PROPOSED SITE PLANSCALE: 1/16" = 1'-0"18'-0"25'-0"18'-0"27'-11 29/32"3'-0"7'-0"5'-0"2'-0"2'-0"5'-0"NEW GRASS @RR. EASEMENTPROJECT INFORMATION:RYLAUR, LLC.14 PHEASANT LANENORTH OAKS, MN 55127P: 612.868.3636philger@rylaur.com©2015 RYLAUR LLC.CLIENT INFORMATION:SHEET TITLE:DRAFTED:REVIEWED:SHEET DATE:NEW CHILD CARE CENTER YELLOW BRICK ROAD LEARNING CENTER LEARNING DISABILITY ASSOC.6100 GOLDEN VALLEY ROADGOLDEN VALLEY, MN 554222/10/2024 4:47:07 PMC1PROPOSED SITE PLANPRGAPHCITY SUBMITTAL2/12/20242/12/2024REVISION SCHEDULENODESCRIPTIONDATE AUD. SUB. NO. 346HIDDEN VILLAGEGOLDEN VA L LEY ROAD (19TH AVENUE NORTH )MINNEAPOLIS, NORTHFIELD & SOUTHERN RAILWAY13 13 14Now or Formerly:Now or Formerly:Now or Formerly:Now or Formerly:Now or Formerly:VVA2002040SCALE IN FEET1 INCH = 40 FEETBEARING NOTE:BEARING ARE BASED ON THE HENNEPIN COUNTYCOORDINATE SYSTEM NAD83 2011 ADJUSTMENTSHEET 1 OF 1PRELIMINARY PLAT OFYBR ADDITIONWITH EXISTING CONDITIONSA TODDLER PLAY AREA2,280 SFPRESCHOOLPLAY AREA7,670 SF NEW CANOPY INFANT 1505 SF12 CH ILD /3 STAFF INFANT 2484 SF12 CH ILD /3 STAFFTODDLERTRANSIT ION662 SF14 CH ILD /2 STAFFTODDLER 1669 SF14 CH ILD /2 STAFFTODDLER 2749 SF14 CH ILD /2 STAFFPRESCHOOL 1894 SF20 CH ILD / 2 STAFFLARGE MOTORROOM966 SF27 OCCUPANTS (ACCESSORY )PRESCHOOL 2813 SF20 CH ILD / 2 STAFFPRESCHOOL 3842 SF20 CH ILD / 2 STAFF INFANT PLAY AREA760 SFOUTDOORCLASSROOM920 SFYELLOW BR ICK ROAD9608 SF T.E./ STOR.21058SIGN NEW GRASS @RR. EASEMENT RETAIN ING WALLAUD. SUB. NO. 346HIDDEN VILLAGEGOLDEN VA L LEY ROAD (19TH AVENUE NORTH )MINNEAPOLIS, NORTHFIELD & SOUTHERN RAILWAY13 14Now or Formerly:Now or Formerly:Now or Formerly:Now or Formerly:Now or Formerly:VV2002040SCALE IN FEET1 INCH = 40 FEETBEARING NOTE:BEARING ARE BASED ON THE HENNEPIN COUNTYCOORDINATE SYSTEM NAD83 2011 ADJUSTMENTSHEET 1 OF 1PRELIMINARY PLAT OFYBR ADDITIONWITH PROPOSED SITE PLANA AUD. SUB. NO. 346HIDDEN VILLAGEGOLDEN VA L LEY ROAD (19TH AVENUE NORTH )MINNEAPOLIS, NORTHFIELD & SOUTHERN RAILWAYGOLDEN VA L LEY ROAD2.0(19TH AVENUE NORTH )2002040SCALE IN FEET1 INCH = 40 FEETBEARING NOTE:BEARING ARE BASED ON THE HENNEPIN COUNTYCOORDINATE SYSTEM NAD83 2011 ADJUSTMENTSHEET 1 OF 1YBR ADDITIONKNOW ALL PERSONS BY THESE PRESENTS: That Learning Disabilities Association, Inc., owner of the following described property:Parcel 1:Lot 10, Auditor's Subdivision No. 346, Hennepin County, Minnesota except that part thereof embraced within the plat of Hidden Village.Parcel 2:That part of the Northwest Quarter of the Northwest Quarter of Section 33, Township 118, Range 21 West,Hennepin County, Minnesota, lying North of 19th Avenue North and East of the Easterly right of way boundary of the Robbinsdale Extension of the Minneapolis, Northfield &Southern Railway, said right of way boundary being a straight line lying in a Northwesterly and Southeasterly direction and being parallel with and distant Eastwardly 50 feetmeasured at right angles thereto from the center line of the Robbinsdale Extension Main track of the Minneapolis, Northfield & Southern Railway, said center line intersecting theNorth line of said Section 33 at a point 550 feet East of the Northwest corner of said Section 33 with a Northwesterly including angle of 78 degrees 10 minutes except that partthereof embraced within the plat of Hidden Village.Torrens PropertyHave caused the same to be surveyed and platted as YBR ADDITION and do hereby dedicate to the public for public use the drainage and utility easement as created on this plat.In witness whereof Learning Disabilities Association, Inc., has caused these presents to be signed this____day of___ ______________, 20___.Signed: Learning Disabilities Association, Inc.______________________________Martha Moriarty, Executive DirectorSTATE OF MINNESOTACOUNTY OF ________The foregoing instrument was acknowledged before me this_____ day of_______, 20___, by Steven B. Johnson and Tracy L. Johnson, Husband and wife.____________________________Notary Public Signature____________________________Notary Printed Name_______________County, MinnesotaMy Commission Expires_______________I Kaleb J. Kadelbach do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that thisplat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on the plat have been, orwill be correctly set within one year; that all water boundaries and wetlands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown andlabeled on this plat; and all public ways are shown and labeled on this plat.Dated this__________ day of _______________________, 20___._______________________________________________Kaleb J. Kadelbach, Land SurveyorMinnesota License No. 57070STATE OF MINNESOTACOUNTY OF ________The foregoing instrument was acknowledged before me this_____ day of_______, 2021, by Kaleb J. Kadelbach, Land Surveyor, Minnesota License No. 57070.____________________________Notary Public Signature____________________________Notary Printed Name_______________County, MinnesotaMy Commission Expires_______________CITY OF GOLDEN VALLEY, Hennepin County, MinnesotaThis plat of YBR ADDITION was approved and accepted by the City Council of the City of Golden Valley, Minnesota at a regular meeting thereof held this ____ day of_____________, 20___. If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received bythe City on the prescribed 30 day period has elapsed without receipt of such comments and recommendations as provided by Minnesota Statutes, Section 505.03 Subd. 2.by _________________________________, Mayorby__________________________________, ClerkRESIDENT AND REAL ESTATE SERVICES, Hennepin County, MinnesotaI hereby certify taxes payable in 20______ and prior years have been paid for land descrived on this plat this _____ day of _______________________, 20___Mark V. Chapin, County Auditior by____________________________ DeputySURVEY DIVISION, Hennepin County, MinnesotaPursuant to MN. STAT. Sec. 383B.565 (1969), this plat has been approved this _____ day of ________________________, 20____.Chris F. Mavis, County Surveyor by _______________________________COUNTY RECORDER, Hennepin County, MinnesotaI hereby certify that the within plat of YBR ADDITION was recorded in this office this ______ day of ____________________________, 20____. at_________ o'clock ___.M.Martin McCormick, County Recorder by _______________________________ Deputy Golden Valley Land Use ITE Land Use ITE Code Daily Trips AM Peak Hour Trips PM Peak Hour Trips Financial institutions with drive-thru facility Drive-In Bank 912 953 95 200 Financial institutions without drive-thru facility Walk-In Bank 911 N/A N/A 115 Child care centers Day Care Center 565 452 105 106 Clinics (medical and dental)Clinic 630 357 26 35 Medical and dental offices Medical-Dental Office Building, Stand-Alone 720 342 29 37 Offices, excluding medical and dental Small Office Building (<10k GFA)712 137 16 21 Laboratories (medical, dental, R&D)Research and Development Center 760 105 10 9 Adult day care center Nursing Home 620 64 5 6 Assumptions: 1) 9,500 SF Building Size 6100 Golden Valley Road Trip Generation Review - Jan 30, 2024 1 Date: March 25, 2024 To: Golden Valley Planning Commission From: Kendra Lindahl, AICP Consulting City Planner Subject: Informal Public Hearing – Zoning Text Amendment for Sacred Communities Background In its last session, the Minnesota Legislature adopted its Omnibus Labor Policy Bills in both the House and Senate. Within these omnibus bills were sections on the topic of “Sacred Communities” requiring them to be allowed in all municipalities. These Sacred Communities would be primarily comprised of residential “ Micro-Units,” which could be located on property owned and used by places of worship and other religious institutions. The majority of regulations and requirements for Sacred Communities are outlined in state statute, such as being less than 400 square feet, anchored in place, insulated, providing traditional or low voltage electricity, and utilizing smoke and carbon monoxide alarms, among others. Golden Valley, along with other communities, must update its zoning code text to reflect these new requirements. City planning staff presented this topic to the Planning Commission at the September 11, 2023, October 9, 2023 and November 13, 2023 meetings. At those meetings, staff presented information about eligible lands and presented some draft language to require a conditional use permit for sacred communities. Additionally, in order to distinguish these new micro-units from existing living quarters such as rectories and parsonages, staff is suggesting the addition of other clarifying language within the Institutional - Assembly zoning code text. Since the meetings last fall, staff has reviewed the statute and discussed options with the City Attorney and Community Development Director. The statutory language does allow the City to process these types of requests as a conditional use permit (CUP), but strictly limits the City’s discretion to deny such a request. MN Statute Section 327.30, Subd. 3 (d) says “Unless the municipality has designated sacred communities meeting the requirements of this section as permitted uses, a sacred community meeting the requirements of this section shall be approved and regulated as a conditional use without the application of additional standards not included in this section. When approved, additional permitting is not required for individual micro units.” This limitation is restrictive and we believe that requiring a CUP would be an unnecessary burden to the applicant because the City has very little discretion to deny the request and the CUP process delays the project and adds a financial burden to the applicant. 2 After going through legal/equity review, the ordinance language has been modified from the last time the Planning Commission reviewed the proposed amendment and the process has been streamlined to allow as an accessory use as anticipated by statute. Summary of Request Staff recommends amending the zoning ordinance language to allow sacred communities and accessory living quarters as a permitted accessory use. Staff Analysis The City Code does not set specific standards for changing the zoning ordinance text. The City Council – with the input of the Planning Commission – has a great deal of latitude when considering such changes. In making a determination, the City should take into account the purpose of zoning as outlined in the City Code, which is “to regulate land use within the City, including the location, size, use, and height of buildings, the arrangement of buildings on lots, and the density of population within the City for the purpose of promoting the health, safety, order, convenience, and general welfare of all citizens of the City.” (Sec. 113-2) Staff recommends the following changes with underlined text for the proposed additions to the City Code and struck through text for the deletions: The definitions (Section 113-1) should be amended to add the following: Sacred Community: A residential settlement established on or contiguous to the grounds of a religious institution’s primary worship location primarily for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers that meets the requirements of Minn. Stat. § 327.30. The Light Industrial (Section 113-93), Industrial (Section 113-94) and Institutional (Section 113-96) districts should be amended to allow Sacred Communities as an accessory use and living quarters as an accessory use in the Industrial and Institutional districts. The amendment would be as follows for the respective ordinance sections: (d) Accessory Uses. The following accessory uses shall be permitted in the Light Industrial Zoning District: (1) Essential services, Class II. (2) Sacred Communities, accessory to a religious institution’s primary worship location and consistent with the requirements of Minn. Stat. § 327.30. And (e) Accessory Uses. The following uses shall be permitted in the Assembly Subdistrict: 3 (1) Living quarters associated with a place of worship, subject to the following: a. Living quarters shall be on the same property as the place of worship. b. The persons residing in the living quarters must be clergy, religious leaders, employees or otherwise similarly associated with the place of worship. c. The living quarters must comply with the development standards in the R-1 zoning district (Section 113-88(e)). d. The living quarters shall not be taller or larger than the principal structure. e. The living quarters shall not count toward the one accessory structure allowed on each lot. (2) Sacred Communities, accessory to a religious institution’s primary worship location and consistent with the requirements of Minn. Stat. § 327.30. And (f) Accessory Uses. The following uses shall be permitted in the Assembly Subdistrict: (3) Living quarters associated with a place of worship, subject to the following: a. Living quarters shall be on the same property as the place of worship. b. The persons residing in the living quarters must be clergy, religious leaders, employees or otherwise similarly associated with the place of worship. c. The living quarters must comply with the development standards in the R-1 zoning district (Section 113-88(e)). d. The living quarters shall not be taller or larger than the principal structure. e. The living quarters shall not count toward the one accessory structure allowed on each lot. (4) Sacred Communities, accessory to a religious institution’s primary worship location and consistent with the requirements of Minn. Stat. § 327.30. 4 Recommended Action Based on the findings above, staff recommends approval of the proposed zoning ordinance text amendment. Attachments: Draft Ordinance Zoning Map MN Stat. §327.30 ORDINANCE NO. ### AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113 - Zoning in Order to XXX The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113--1 is amended to read as follows: Sacred Community: A residential settlement established on or contiguous to the grounds of a religious institution’s primary worship location primarily for the purpose of providing permanent housing for chronically homeless persons, extremely low-income persons, and designated volunteers that meets the requirements of Minn. Stat. § 327.30. Section 2. City Code Section 113-93 is amended to read as follows, with all subsequent sections renumbered accordingly: (d) Accessory Uses. The following accessory uses shall be permitted in the Light Industrial Zoning District: (1) Essential services, Class II. (2) Sacred Communities, accessory to a religious institution’s primary worship location and consistent with the requirements of Minn. Stat. § 327.30. Section 3. City Code Section 113-94 is amended to read as follows, with all subsequent sections renumbered accordingly: (e) Accessory Uses. The following uses shall be permitted in the Assembly Subdistrict: (1) Living quarters associated with a place of worship, subject to the following: a. Living quarters shall be on the same property as the place of worship. b. The persons residing in the living quarters must be clergy, religious leaders, employees or otherwise similarly associated with the place of worship. c. The living quarters must comply with the development standards in the R- 1 zoning district (Section 113-88(e)). d. The living quarters shall not be taller or larger than the principal structure. e. The living quarters shall not count toward the one accessory structure allowed on each lot. (2) Sacred Communities, accessory to a religious institution’s primary worship location and consistent with the requirements of Minn. Stat. § 327.30. Ordinance No. -2- xxx, 2024 Section 4. City Code Section 113-96 is amended to read as follows, with all subsequent sections renumbered accordingly: (f) Accessory Uses. The following uses shall be permitted in the Assembly Subdistrict: (3) Living quarters associated with a place of worship, subject to the following: a. Living quarters shall be on the same property as the place of worship. b. The persons residing in the living quarters must be clergy, religious leaders, employees or otherwise similarly associated with the place of worship. c. The living quarters must comply with the development standards in the R-1 zoning district (Section 113-88(e)). d. The living quarters shall not be taller or larger than the principal structure. e. The living quarters shall not count toward the one accessory structure allowed on each lot. (4) Sacred Communities, accessory to a religious institution’s primary worship location and consistent with the requirements of Minn. Stat. § 327.30. Section 5. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this XX day of XXX, 2024. _____________________ Roslyn Harmon, Mayor ATTEST: ________________________ Theresa J. Schyma, City Clerk 327.30 SACRED COMMUNITIES AND MICRO-UNIT DWELLINGS.​ Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have the meanings​ given.​ (b) "Chronically homeless" means an individual who:​ (1) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an​ emergency shelter;​ (2) has been homeless and living or residing in a place not meant for human habitation, a safe haven,​ or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last​ three years; and​ (3) has an adult head of household, or a minor head-of-household if no adult is present in the household,​ with a diagnosable substance use disorder, serious mental illness, developmental disability, post-traumatic​ stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability,​ including the co-occurrence of two or more of those conditions.​ (c) "Designated volunteers" means persons who have not experienced homelessness and have been​ approved by the religious institution to live in a sacred community as their sole form of housing.​ (d) "Extremely low income" means an income that is equal to or less than 30 percent of the area median​ income, adjusted for family size, as estimated by the Department of Housing and Urban Development.​ (e) "Micro unit" means a mobile residential dwelling providing permanent housing within a sacred​ community that meets the requirements of subdivision 4.​ (f) "Religious institution" means a church, synagogue, mosque, or other religious organization organized​ under chapter 315.​ (g) "Sacred community" means a residential settlement established on or contiguous to the grounds of​ a religious institution's primary worship location primarily for the purpose of providing permanent housing​ for chronically homeless persons, extremely low-income persons, and designated volunteers that meets the​ requirements of subdivision 3.​ Subd. 2.Dwelling in micro units in sacred communities authorized.Religious institutions are​ authorized to provide permanent housing to people who are chronically homeless, extremely low-income,​ or designated volunteers, in sacred communities composed of micro units subject to the provisions of this​ section. Each religious institution that has sited a sacred community must annually certify to the local unit​ of government that it has complied with the eligibility requirements for residents of a sacred community in​ this section.​ Subd. 3.Sacred community requirements.(a) A sacred community must provide residents of micro​ units access to water and electric utilities either by connecting the micro units to the utilities that are serving​ the principal building on the lot or by other comparable means, or by providing the residents access to​ permanent common kitchen facilities and common facilities for toilet, bathing, and laundry with the number​ and type of fixtures required for an R-2 boarding house under Minnesota Rules, part 1305.2902. Any units​ that are plumbed shall not be included in determining the minimum number of fixtures required for the​ common facilities.​ (b) A sacred community under this section must:​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 327.30​MINNESOTA STATUTES 2023​1​ (1) be appropriately insured;​ (2) have between one-third and 40 percent of the micro units occupied by designated volunteers; and​ (3) provide the municipality with a written plan approved by the religious institution's governing board​ that outlines:​ (i) disposal of water and sewage from micro units if not plumbed;​ (ii) septic tank drainage if plumbed units are not hooked up to the primary worship location's system;​ (iii) adequate parking, lighting, and access to units by emergency vehicles;​ (iv) protocols for security and addressing conduct within the settlement; and​ (v) safety protocols for severe weather.​ (c) Unless the municipality has designated sacred communities meeting the requirements of this section​ as permitted uses, a sacred community meeting the requirements of this section shall be approved and​ regulated as a conditional use without the application of additional standards not included in this section.​ When approved, additional permitting is not required for individual micro units.​ (d) Sacred communities are subject to the laws governing landlords and tenants under chapter 504B.​ Subd. 4.Micro unit requirements.(a) In order to be eligible to be placed within a sacred community,​ a micro unit must be built to the requirements of the American National Standards Institute (ANSI) Code​ 119.5, which includes standards for heating, electrical systems, and fire and life safety. A micro unit must​ also meet the following technical requirements:​ (1) be no more than 400 gross square feet;​ (2) be built on a permanent chassis and anchored to pin foundations with engineered fasteners;​ (3) have exterior materials that are compatible in composition, appearance, and durability to the exterior​ materials used in standard residential construction;​ (4) have a minimum insulation rating of R-20 in walls, R-30 in floors, and R-38 in ceilings, as well as​ residential grade insulated doors and windows;​ (5) have a dry, compostable, or plumbed toilet or other system meeting the requirements of the Minnesota​ Pollution Control Agency, Chapters 7035, 7040, 7049, and 7080, or other applicable rules;​ (6) have either an electrical system that meets NFPA 70 NEC, section 551 or 552 as applicable or a low​ voltage electrical system that meets ANSI/RVIA Low Voltage Standard, current edition;​ (7) have minimum wall framing with two inch by four inch wood or metal studs with framing of 16​ inches to 24 inches on center, or the equivalent in structural insulated panels, with a floor load of 40 pounds​ per square foot and a roof live load of 42 pounds per square foot; and​ (8) have smoke and carbon monoxide detectors installed.​ (b) All micro units, including their anchoring, must be inspected and certified for compliance with these​ requirements by a licensed Minnesota professional engineer or qualified third-party inspector for ANSI​ compliance accredited pursuant to either the American Society for Testing and Materials Appendix E541​ or ISO/IEC 17020.​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 2​MINNESOTA STATUTES 2023​327.30​ (c) Micro units that connect to utilities such as water, sewer, gas, or electric, must obtain any permits​ or inspections required by the municipality or utility company for that connection.​ (d) Micro units must comply with municipal setback requirements established by ordinance for​ manufactured homes. If a municipality does not have such an ordinance, micro units must be set back on​ all sides by at least ten feet.​ History: 2023 c 53 art 11 s 57​ Official Publication of the State of Minnesota​ Revisor of Statutes​ 327.30​MINNESOTA STATUTES 2023​3​