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06 24 24 PC Packet PLANNING COMMISSION MEETING AGENDA Remote Attendance/Comment Options: Meetings are conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. You may attend virtually by watching on cable channel 16; streaming on CCXmedia.org or Webex; or by calling 1-415-655-0001 and then entering access code 2634 986 5553 and password 1234 from phones and video systems. 1. Call to Order: a. Land Acknowledgement b. Attendance (by presence, not roll call) i. Commissioners: Amy Barnstorff, Adam Brookins, Gary Cohen, Mike Ruby, Chuck Segelbaum, Martin Sicotte, and Eric Van Oss ii. Youth Member: Vacant 2. Consent Agenda: All matters listed under Item 2 are considered routine in nature and will be enacted by one motion. Individual discussion of these items is not planned. A member, however, may remove any item to discuss as an item for separate consideration under New Business. a. Agenda Approval or Modifications b. Approve Planning Commission Minutes from June 10, 2024 3. Public Hearings: a. Informal Public Hearing – Minor Subdivision at 227 Paisley Lane and 200 Edgewood Avenue North 4. New Business: None 5. Council Member Report 6. Commissioner Training: None 7. Staff Comments 8. Commissioner Updates 9. Adjourn June 24, 2024 – 6:30 pm Council Chamber Hybrid Meeting CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 10, 2024 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 1. CALL TO ORDER • Chair Ruby called the meeting to order at 6 p.m. & read the Land Acknowledgement a. Regular Members Present: Cohen, Ruby, Segelbaum (arrived 6:34), Sicotte, Van Oss b. Regular Members Absent: Barnstorff, Brookins c. Student Member, Status: Benjamin Fricke, Present d. Staff Members Present: Darren Groth, Assistant Community Development Director e. Council Member Present: None 2. CONSENT AGENDA: Cohen motioned to approve the consent agenda, as presented. Van Oss seconded. Commission voted 4-0 to approve. 3. PUBLIC HEARINGS: NONE 4. NEW BUSINESS: 1. Review of Planning Commission Bylaws – updated in 2023 a. At 6:36 p.m., Vice-Chair Cohen reminded the commission that Council Member Ginis briefed the Planning Commission on May 13 about a revision of the bylaws, but they were not published online. Groth indicated that he was able to research and find the latest bylaws that were updated in 2023. Groth told the commission that he published this version online to the Planning Commission webpage. Groth further indicated that the new bylaws did not change the Planning Commission’s meeting time and still reflected a 7 p.m. start time. Commissioner Segelbaum mentioned that he recalled the meeting start time changing to 6:30 p.m. as an informal change that was not updated in the bylaws. Chair Ruby reiterated that was how the time changed and asked if it would be beneficial to formally make the revision in the bylaws. Groth advised that since it has been changed per all the commissioners and on the City’s website, then it may just be a technicality to update the bylaws but should occur. Vice-Chair Cohen recommended that the bylaws be amended to show the correct start time and made a motion to reflect the Planning Commission’s desires as a recommendation to City Council. Sicotte seconded the motion. The commission voted 4-0-1 (Commissioner Segelbaum abstained) to recommend changing the meeting start time in the bylaws from 7 p.m. to 6:30 p.m. 2. New Commissioner Welcome Items a. At 6:43 p.m., Groth mentioned the items included in the packet that could serve as a resource and reference for the commissioners. CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 10, 2024 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 5. COUNCIL LIASION REPORT: NONE 6. COMMISSIONER TRAINING At 6:45 p.m., Groth started the Land Use Regulation Mini-Course offered by the League of Minnesota Cities (LMC). This training was provided online through a link to the LMC website at: https://www.lmc.org/learning-events/learnings/land-use-mini/. 7. STAFF COMMENTS At 7:28 p.m., Groth briefed the commission on various staffing updates regarding open positions on the planning team. A new Associate Planner is scheduled to start on July 1 and a promising candidate will interview for the Senior Planner opening next week. 8. COMMISSIONER COMMENTS 1. Student Member Fricke informed the commission that this would be his last meeting because he joined the Air Force and will be reporting to the Air Force Academy near Colorado Springs, CO within the next couple of days. 2. Commissioner Segelbaum updated the commission on the Board of Zoning Appeals schedule for the remainder of the year. 3. Chair Ruby reminded everyone of the joint meeting with City Council happening [on June 11, 2024]. 9. ADJOURNMENT: Chair Ruby adjourned the meeting at 7:42 p.m. Approved by: Atest By: Commission Secretary Darren Groth, AICP, CPM Community Development Asst. Director CITY OF GOLDEN VALLEY PLANNING COMMISSION AGENDA ITEM COVER PAGE Date: June 24, 2024 Title: Minor Subdivision at 227 Paisley Ln and 200 Edgewood Ave N Attachments: 1) Staff Report with exhibits Submitted By: Darren Groth, AICP, CPM, Asst. Comm. Dev. Director Background: Per Minn. Stats. §462.358, subd. 1a, the purpose of a subdivision is “To protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the availability of housing affordable to persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities…” In keeping with Minn. Stats. § 462.358, subd. 1a, City Code Section 109- 121 identifies the conditions for approval or denial of a minor subdivision. Like a zoning ordinance, a subdivision ordinance can be a powerful tool to help cities implement their comprehensive plan. Subdivision ordinances may cover similar topics and are often confused with zoning regulations. However, there are important differences between zoning regulation and subdivision regulation. Subdivision and zoning ordinances are similar in that they seek to regulate private use of land. Zoning regulations and subdivision regulations may both impose regulations as to lot size, location and improvements. Subdivision is different from the more familiar zoning in that it usually is imposed at the initial development phase of a project, whereas zoning is applicable through the development phase of a subdivision and through the life of the completed subdivision. In cities that contain certain natural resources such as lakes and rivers, or are in a floodplain, the subdivision ordinance must also conform to the following state standards: • Floodplain requirements: State law sets minimum requirements and standards for development in flood plains. City subdivision ordinances must be consistent with state standards to preserve the capacity of the floodplain to carry and discharge regional floods and minimize flood hazards. • Wild and scenic rivers development requirements: Cities with shoreland located within the Minnesota Wild and Scenic Rivers System are subject to additional state law restrictions when developing a subdivision ordinance. Subdivision ordinances in these cities must comply with minimum state standards set by the commissioner of Natural Resources. • Shoreland development requirements: For cities that contain shoreland, state regulations control the use and development of shorelands. City shoreland subdivision regulations must be at least as restrictive as state standards and are subject to the review of the commissioner of Natural Resources. CITY OF GOLDEN VALLEY PLANNING COMMISSION AGENDA ITEM COVER PAGE Standard of Review: When drafting and adopting a subdivision ordinance, cities have a lot of discretion in choosing their language and setting design standards. When drafting and adopting a subdivision ordinance, the city is said to be utilizing its legislative (or law-making) authority. When using its legislative authority, the only limits on the city’s authority is that action must be constitutional, rational, and in some way related to protecting the health, safety, and welfare of the public. This is known as the “rational basis standard” and it is generally a relatively easy standard for cities to meet. In contrast, when administering an existing subdivision ordinance by reviewing a preliminary or final plat application, the city’s discretion is much more limited. Generally, when reviewing a subdivision application, the city is no longer acting in its legislative capacity. When reviewing subdivision applications, the City is exercising a quasi-judicial (judge-like) function. Rather than legislating for the broad population, the city is deciding on an individual subdivision application regarding whether the application meets the standards of the city ordinance. In quasi-judicial circumstances, the city must follow the standards and requirements of the ordinance it has adopted. If an application meets the requirements of the ordinance, generally it must be granted. If an application is denied, the stated reasons for the denial must all relate to the applicant’s failure to meet standards established in the ordinance. In sum, the city has a great deal of liberty to establish the rules, but once established, the city is as equally bound by the rules as the public. In these situations, a reviewing court will closely scrutinize the city’s decision to determine whether the city has provided a legally and factually sufficient basis for denial of an application. In quasi-judicial situations, due process and equal protection are the main reasons for the more stringent scrutiny. Due process and equal protection under the law demand that similar applicants must be treated uniformly by the city. The best process for ensuring similar treatment among applicants is to establish standards in the ordinance and to provide that if standards are met, the subdivision application must be granted. An application may generally only be denied for failure to meet the standards in city ordinances. A reviewing court will overrule a quasi-judicial city subdivision decision if it determines that the decision was arbitrary (failed to treat equally situated applicants equally or failed to follow ordinance requirements). Recommendation Hold an informal hearing and make a recommendation of APPROVAL to the City Council for this Minor Subdivision, in accordance with the findings and recommendations contained in the attached staff report. 1 Date: June 24, 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 An informal public hearing was held on March 25, 2024. As required by ordinance, a neighborhood notice was sent on sent on March 14th. The City Council held formal public hearing on June 4, 2024. As required by ordinance, a neighborhood notice was sent on sent on May 22nd and published in the paper. Two residents spoke at the public hearing. A written request was sent by residents asking the Council to table the item because the applicant did not send a separate notice as required by the City’s Neighborhood Notification policy. The Council tabled the item and directed it back to the June 24th Planning Commission and July 2nd City Council meeting. A neighborhood notice of the 2nd informal hearing at the June 24th Planning Commission was sent on May 22nd. The applicant send a letter to meet the City Neighborhood Notification Policy requirements and held a neighborhood meeting on June 12th, which was not required by the policy for a minor subdivision. 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. 3 Figure 1 - proposed plat 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. 4 The lot new lot (Lot 2) does have some sloping topography falling from north to the southeast corner approximately 11 feet. This should not impact the buildability of the lot, but may require some regrading to better manage stormwater runoff. 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. 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. As part of the development review meeting, staff from all departments met and reviewed the application. Staff found that the application meets ordinance requirements and there are 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. There is adequate space on the new lot for a home in compliance with setback requirements. 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 believe 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 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. 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” Final Plat Minutes from March 25th Planning Commission Meeting Email from Matt Vlahos dated March 21, 2024 Email from Jake Hartman dated May 30, 2024 Email from Brian Walvatne dated June 2, 2024 with letter to neighbors Email from Marcia Anderson dated June 4, 2024 with attachments Neighborhood notification policy BCWMC Mode le d1% C hanceInundation BC WMCJurisdiction City Jurisdictio n Sh orelan dOverlay Zo ningDistrict FEMA FloodInsurance Ra teMap 1% C hance(1 00-yr)Floo dpla in 0.2 % Ch ance(5 00-yr)Floo dpla inMarch 12, 2024 1 inch = 376 feet I 323334353637383940414243444546N00°46'48"W 99.50 136.8136.8227 Pa i s ley Lane 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 294.99LO T 4 B LO C K 2 Pais ley 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 115,7410.36PROPOSED LOT 215,0000.34PROPOSED LOT 322,6380.52Draft copy - not for submittal2022-10-25 227 Paisley SkySURV-227 Paisley-Plat.dwg 1 Kendra Lindahl From:Matt Vlahos <mlvlahos@gmail.com> Sent:Thursday, March 21, 2024 3:06 PM To:Planning Cc:Darren Groth; Alma Flores Subject:Re: 227 paisley lane and 220 Edgewood ave n Thank you Kendra, Apologies for not geƫng you this email sooner, I am planning to have 5-10 people in our neighborhood sign my leƩer in agreement to not have this addiƟonal property created. I have already spoken to Peter who lives on the other side of 220 and he is of the same opinion as I am on not wanƟng this property created/passed. This will definitely devalue my property and Peter’s along with other older homes on the block. If this does get passed we will want the property to be staked and restric Ɵons on where the home will actually sit on the property as it slopes. I will be in aƩendance in some capacity on Monday as well. Thank you, MaƩ vlahos 612-812-7133 230 Edgewood ave n > On Mar 18, 2024, at 12:36 PM, Planning <planning@goldenvalleymn.gov> wrote: > > MaƩ, > > You can aƩend the Planning meeƟng on the 25th to voice your objecƟons or you may submit a leƩer or email outlining your objecƟons and I will share that with the Planning Commission. If items are received by Thursday at noon, I will be able to include the leƩer/email in the packet. If comments are received aŌer that date, they will be provided to the commissioners the night of the meeƟng. > > The Planning Commission will make a recommendaƟon that will be shared with the City Council. The City Council will make the final decision and is expected to act at the April 16th meeƟng. > > Kendra Lindahl, AICP > ConsulƟng Planner > > -----Original Message----- > From: MaƩ Vlahos <mlvlahos@gmail.com> > Sent: Sunday, March 17, 2024 10:17 AM > To: Planning <planning@goldenvalleymn.gov> > Subject: 227 paisley lane and 220 Edgewood ave n > > EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. 2 > > > Hello, > > I received the noƟficaƟon of informal public hearing to create another property out of the lot next to my house. > > I would like to know the formal process for this and how objec Ɵons are considered. > > If I need to file something or give you noƟce of objecƟon please consider this email my request for objecƟon to this proposal. > > Thank you. > MaƩ Vlahos > 230 Edgewood ave n > 612-812-7133 From:Alma Flores To:Kendra Lindahl; Darren Groth Cc:Theresa Schyma Subject:FW: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane Date:Thursday, May 30, 2024 1:34:34 PM Attachments:Outlook-zx33ouvn.png image001.png For the record. Thank you, Alma Alma Flores | Community Development Director | City of Golden Valley 7800 Golden Valley Road | Golden Valley, MN 55427 | P: 763-593-8008 C: 612-930-6357 | TTY: 763-593-3968 | E: aflores@goldenvalleymn.gov Pronouns: She/Her/Hers Book time with Alma Flores From: Noah Schuchman <NSchuchman@goldenvalleymn.gov> Sent: Thursday, May 30, 2024 1:33 PM To: Alma Flores <AFlores@goldenvalleymn.gov> Subject: Fw: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane FYI Noah Schuchman, ICMA-CM | Interim City Manager | City of Golden Valley 7800 Golden Valley Road | Golden Valley, MN 55427 | P: 763-593-8003 | TTY: 763-593-3968 | E: nschuchman@goldenvalleymn.gov Pronouns: he/him/his From: Gillian Rosenquist <GRosenquist@goldenvalleymn.gov> Sent: Thursday, May 30, 2024 12:34 PM To: Noah Schuchman <NSchuchman@goldenvalleymn.gov> Subject: Fwd: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane FYI Gillian Rosenquist Golden Valley City Council Member 763-529-9279 She/her From: Jake Hartman <jjhartman07@gmail.com> Sent: Thursday, May 30, 2024 12:23:37 PM To: Roslyn Harmon <rharmon@goldenvalleymn.gov>; Maurice Harris <MHarris@goldenvalleymn.gov>; Denise LaMere-Anderson <DLaMere-Anderson@goldenvalleymn.gov>; Gillian Rosenquist <GRosenquist@goldenvalleymn.gov>; Sophia Ginis <SGinis@goldenvalleymn.gov> Subject: Minor Subdivision of 220 Edgewood Ave. N & 227 Paisley Lane EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor Harmon & City Council Members: My name is Jacob (Jake) Hartman. I live at 301 Edgewood Ave N., within 500 feet of the proposed subdivision, and I am writing you today to express my hope that you will deny the proposed subdivision for the following reasons: 1. This neighborhood, and specifically Paisley and Edgewood, have recently undergone a tremendous amount of redevelopment. I fear that the rapid change in the type of housing available in this area, and the rapid increase in property values will ultimately force many long time residents out of their homes as they become unable afford the taxes and associated costs of living in what is becoming a "wealthy" neighborhood. The city seems espouse a desire for inclusion and diversity of all types, including income levels. The proposed subdivision, and the those that are sure to follow, ultimately end up in increasing property values and forcing out of those that can't keep up. 2. Subdivisions have a large impact on the way that immediately adjacent neighbors are able to enjoy their properties. As the rules currently stand, the surrounding neighbors really have very little ability to stop a subdivision, no matter what the visual and privacy impacts, use impacts, etc. may be. 3. Many lots considered "buildable" have large mature trees that are often removed or eventually lost as a result of root damage from the use of heavy equipment. Environmental impacts should weigh more heavily on the city's decision of whether to approve a subdivision. In an age of Climate Change, mature trees are important for the reprieve that they provide from the heat, their ability to help reduce flooding during heavy rain years and retain water in soils during droughts, and of course for their CO2 reducing ability. 4. I believe that many residents of Golden Valley love their community specifically because of the open spaces, the large lots, the mature trees, and the ability to be near Minneapolis while living in a community that feels quite different than a major city. I believe that subdividing lots in Golden Valley is both short-sighted and robs current residents that have chosen to live here (and already pay taxes here) of the amenities that originally drew them to the community. Having said all of the above, I understand that the city may have little ability to prevent the property owner from subdividing the lot as long as it meets the criteria as it currently stands. If the surrounding neighbors are not able to appeal to the owner's sense of community and better nature, I would suggest that the city attach contingencies to the approval. For example: 1. A Study of how storm water flow will be impacted based on the owner's hypothetical plan to develop the lot. This neighborhood already has a terrible problem with wet basements, and it should be the owner's responsibility to ensure surrounding neighbors will not be impacted. 2. A limitation on the number of mature trees that may be removed. 3. A plan to add fencing or provide for the planting of vegetation to maintain the privacy that neighbors currently enjoy. 4. A study showing how property values and taxes will be impacted by the subdivision. Lastly, it's my understanding that Golden Valley's rules for subdivisions were loosened several years ago. The reason was to allow new residents and increase the city's tax base. Now that many lots in this area have already been subdivided, I would propose that the Council consider a moratorium on subdivisions until the City can determine if such subdivisions still fit with the City's overall vision for the community. At a minimum, the city should revise the existing rules to make them more community friendly and to allow surrounding neighbors additional input and weight in determining the approval of future subdivisions. No single property owner should have the ability to so easily impact and upset the micro-community that has taken years to develop on Edgewood Ave N and Paisley Lane. Sincerely, Jake Hartman 515-979-0754 From:Brian Walvatne To:Kendra Lindahl; Alma Flores; Maurice Harris; Sophia Ginis; Gillian Rosenquist; Denise LaMere-Anderson; Roslyn Harmon Subject:Paisley Lane Subdivision Neighborhood Engagement Date:Sunday, June 2, 2024 8:06:01 PM Attachments:Paisley Lane Subdivision Letter To Neighbors.docx EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning & Council, I am writing to you regarding our minor division on the cul de sac of Paisley Lane. To take into consideration potential concerns regarding this change, I did walk the neighborhood and talked to as many as possible residents in proximity to the subdivision as possible. Additionally, I left a letter (copy enclosed) welcoming those that were not home to contact me by either email or phone with their feedback. The result of these efforts was very positive. I was able to have discussions, talk about plans in further detail and gain an awareness of what resistance there might be to this proposal and why. Additionally, we met for over an hour with the only neighbor that reached out--standing at the site of the proposed subdivision, talking through her concerns. My wife and I are committed to our neighborhood, and the Golden Valley community. Our hope is that we will be able to do so by building a home on the proposed lot that meets our needs for our next stages of our lives. Thank you for your time to look this over. We very much appreciate it. Sincerely, Brian Walvatne & Emily Kuhnmuench 227 Paisley Lane 612-251-9503 From:Darren Groth To:Kendra Lindahl Subject:FW: Resident Requests about Process and Issues Re: Minor Subdivision Application Date:Tuesday, June 4, 2024 2:39:34 PM Attachments:Edgewood-Paisley Neighborhood Requests to Council 5-28-24.docx Endorsements as of 5-31-24_Edgewood-PaisleyStatement.pdf FYSA Darren Groth, AICP, CPM Asst. Comm. Dev. Director 763-593-8099 dgroth@goldenvalleymn.gov Book time to meet with me From: Marcia Anderson <marcia.d.anderson@gmail.com> Sent: Tuesday, June 4, 2024 1:04 PM To: Sophia Ginis <SGinis@goldenvalleymn.gov>; Roslyn Harmon <rharmon@goldenvalleymn.gov>; Maurice Harris <MHarris@goldenvalleymn.gov>; Denise LaMere-Anderson <DLaMere- Anderson@goldenvalleymn.gov>; Gillian Rosenquist <GRosenquist@goldenvalleymn.gov> Cc: Alma Flores <AFlores@goldenvalleymn.gov>; Darren Groth <dgroth@goldenvalleymn.gov> Subject: Resident Requests about Process and Issues Re: Minor Subdivision Application EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Council Members Ginis, Harmon, Harris, LaMere-Anderson, and Rosenquist: I write to alert you to multiple transparency and due process issues around the application and review of the Minor Subdivision proposal titled Edgewood-Paisley, and to request your urgent consideration of ways the City and Council can take corrective and proactive action. Residents of the Edgewood-Paisley neighborhood have many concerns about this subdivision proposal, in terms of the process, the criteria to be met and lack of information provided, and the impact on the neighborhood, the environment, and the general character of Golden Valley neighborhoods as valued in the City Comprehensive Plan. Multiple residents within and beyond 500' of the proposed subdivision have jointly developed the attached Statement and Requests for action. I am sending this to you on behalf of all the residents/property owners who have endorsed the statement so far. Additional endorsers will be updated for the June 4 Council meeting. We ask the City of Golden Valley and the Council to consider our requests June 4 and delay a vote on the application until the transparency, due-process, and substantive-information issues can be addressed. We have offered suggestions that have neighborhood support. Plus we trust that you and Council members will also have ideas and will want to address the issues, leading toward balanced and fair resolutions that support neighborhood harmony. We implore you to review the statement and attachments in detail, and to consider our requests in relation to the planned Public Hearing on the application Tuesday, June 4. Please note that residents only began to receive notice of this hearing Friday, May 24, the beginning of a long holiday weekend. Also please note that no Minutes of the Planning Commission hearing on March 25, 2024 seem to be posted online in writing (or any other written minutes in 2024), other than in the June 4 Council packet. Here is the link to the CCX video, which shows questions by Planning Commission members and statements from two residents who expressed initial concern, before other residents were aware of the application enough to respond. We are aware that there are/have been some discrepancies between the city code, notification guidelines, and guidelines/regulations published on the website (see attached) that will need to be addressed, in addition. We made some mitigation suggestions. We would welcome any questions or suggestions you have in response, and/or an opportunity to talk with you about our concerns before the Public Hearing and final vote stages. Please feel free to contact me as an informal representative of the neighbors sending you these requests, at 763-732-2697 (cell), or via email here: marcia.d.anderson@gmail.com. We are also very open to meeting with any interested Council members, possibly in the neighborhood to be able to see the setting that concerns so many of us. Thank you for your time, expertise and leadership around our concerns and requests, and for Golden Valley. Marcia Anderson (On behalf of Edgewood-Paisley neighbors listed) 130 Edgewood Ave. N. Golden Valley, MN 55427 (33-year-resident) 763-732-2697 marcia.d.anderson@gmail.com Attachments: -Statement of Concerns and Requests -Screen Shot of published notification process (seen in late March; taken 5-16-24, shaded emphasis added; re-photographed 5-28-24 to show original screen shot date) -Endorsements of Statement as of 5-31-24 RESOLUTION NO. 21-61 RESOLUTION RESCINDING RESOLUTION NO. 16-13 AND ADOPTING A NEW NEIGHBORHOOD NOTIFICATION POLICY WHEREAS, development of land can result in visual and physical impacts to neighboring properties; and WHEREAS, developers and property owners have an obligation to share potential changes with neighboring property owners; and WHEREAS, open communication with an opportunity to provide feedback in a timely fashion is a priority; and WHEREAS, it is appropriate for this communication to be accessible to a wide audience and need not involve solely an in -person meeting; and WHEREAS, the current Neighborhood Notification Policy does not allow for remote attendance. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley rescinds Resolution No. 16-13 and adopts a new Neighborhood Notification Policy dated August 17, 2021, which provides for a virtual option. Adopted by the City Council this 17th day of August, 2021. Kimberly Sanberg, Mayor Pro Tempore ATTEST: Theresa Schyma, City Clerk DocuSign Envelope ID: 6B342044-096C-436D-A91E-1EA6D4AB9E05 City of Golden Valley Planning Neighborhood Notification Policy Adopted August 17, 2021 Purpose Statement: Neighborhood notification is an additional effort on the part of the City to enhance the communication and education of residents regarding submitted Planning applications in advance of the public hearings already required by State statute and City code. Neighborhood notification shall be conducted whenever a proposal is located within or adjacent to a residential zoning district, or when, in the option of Planning staff, the potential impact is great enough to warrant such a notification. Proposals for Conditional Use Permits (CUPs), subdivisions, rezonings, and Comprehensive Plan amendments shall require the notification be through a mailing. Proposals for Planned Unit Developments (PUDs) and major amendments to PUDs shall require the notification be through a neighborhood meeting and shall include a virtual option (hybrid). Mailings (CUP, subdivision, rezoning, Comprehensive Plan amendment) The applicant shall prepare a mailing regarding the proposal in order to provide information to residents and allow them time to give feedback to staff prior to the public hearing. Mailing Guidelines: 1. Mailings shall be sent out by the applicant after the formal application has been received by the City and deemed to be complete. Mailings shall be sent out to the same properties that will be notified for the public hearing, or to a larger area if staff feels it is warranted, and shall be received at least 10 days prior to the date of the Planning Commission meeting. If Planning staff feels additional time is warranted to solicit neighborhood input, mailings may be required to be sent out earlier. 2. A draft of the entire mailing must be reviewed by Planning staff prior to sending. 3. A copy of the mailing shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. Mailings shall include the following: Applicant name, address, and phone number Location of proposed project (map) Narrative describing the proposed project and specific application request Copies of any relevant plans Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) Contact information for Planning staff The following circumstances describe situations in which the potential exists for there to be relatively greater impacts to residential neighborhoods. In these cases, staff shall require a meeting in place of the usual mailing in order to fully engage neighbors early in the process: Conditional Use Permit – a request for a CUP that indicates a significant impact to a residential neighborhood with respect to an increase in traffic, population density, or other CUP factors Subdivision – a subdivision proposal that involves a variance; a subdivision proposal that follows or results from a lot consolidation DocuSign Envelope ID: 6B342044-096C-436D-A91E-1EA6D4AB9E05 Rezoning – a proposal that involves one of the following changes: 1) Any property zoned residential (R-1, R-2, R-3, or R-4) to a non-residential zoning 2) R-1 or R-2 zoned property to R-3 or R-4 zoned property 3) Any property zoned Institutional to a non-Institutional zoning Comprehensive Plan amendment – a proposal that involves one of the following changes: 1) Any property designated Residential to a non-Residential designation 2) Any property designated Low Density Residential to a Medium Low, Medium High, or High Density Residential designation 3) Any property designated Open Space, Schools & Religious Facilities, Public Facilities, or Semi-Public Facilities to any other designation Meetings (PUD, major PUD amendment) The applicant shall hold the neighborhood meeting at City Hall or another public location approved by staff in order to provide information to residents and to gather feedback prior to the public hearing. Meeting Guidelines: 1. The meeting shall be scheduled after the formal application has been received by the Planning Division but at least 7 days prior to the informal public hearing at the Planning Commission. Notices shall be sent out by the applicant to the same properties that will be notified for the public hearing, or to a larger area if staff feels it is warranted, and shall be received at least 10 days prior to the meeting date. If Planning staff feels additional time is warranted to receive neighborhood input, meetings may be scheduled prior to the submission of a formal application. 2. Meetings shall be held between 6:30 and 8 pm, Monday through Thursday. Meetings shall not be held on holidays. The applicant is required to check potential meeting dates with Planning staff. 3. The applicant shall host the meeting and make the presentation. A City representative shall be in attendance to observe and to answer questions about City policy and process. An option to attend the meeting remotely shall be provided. 4. A copy of the neighborhood meeting notice shall be sent to Planning staff, who will forward it to members of the Planning Commission and the City Council. 5. A sign-in sheet shall be kept and a copy provided to Planning staff, along with a summary of the meeting, after its conclusion. Notices shall include the following: Applicant name, address, and phone number Location of proposed project (map) Narrative describing the proposed project and specific application request Meeting date, time, and location Outline of expected process (i.e., informal public hearing at Planning Commission followed by formal public hearing at City Council, etc.) Contact information for Planning staff DocuSign Envelope ID: 6B342044-096C-436D-A91E-1EA6D4AB9E05 From:Darren Groth To:Marcia Anderson Subject:RE: Paisley Edgewood Neighborhood Meeting Date:Monday, June 17, 2024 11:23:00 AM Good morning Marcia, Thanks for joining the meeting. I’m glad you thought it was productive. To answer your questions, Brian did not have a handout. The ‘informal’ term for the Planning Commission meeting is due to state law only allowing cities to hold one public hearing on subdivision applications. As a way around this law, Golden Valley calls the meeting with the Planning Commission an “informal public hearing” because the official, formal meeting that is required for approval is conducted by the City Council. The Planning Commission takes public input too, but the record stays open through the close of City Council’s hearing. The Planning Commission’s recommendation is forwarded to City Council for the public hearing on July 2. Darren Groth, AICP, CPM Asst. Comm. Dev. Director 763-593-8099 dgroth@goldenvalleymn.gov Book time to meet with me From: Marcia Anderson <marcia.d.anderson@gmail.com> Sent: Friday, June 14, 2024 2:37 PM To: Darren Groth <dgroth@goldenvalleymn.gov> Subject: Re: Paisley Edgewood Neighborhood Meeting EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks for setting up the Edgewood-Paisley neighborhood meeting, Darren, and for being there to staff it. I think it was productive, and started or continued lines of communications that I hope will remain open. I was glad to be able to attend, even with the technical issues, after having had to change my meeting schedule on my trip this week. I had trouble hearing via the phone-only connection I ended up with, though, so here's a follow- up question: I heard Brian read some FAQ answers, but didn't hear everything clearly. Did he have a hand-out or something that could be emailed to me? I would like to report to others in the neighborhood who could not attend, but I don't want to only rely on my sketchy notes, due to the connection issues. If so, please send it to me. I also asked for it from Brian. Secondly, we need clarification about the Planning Commission meeting June 24, please. -- Do not delete or change any of the following text. -- When it's time, join your Webex meeting here. Join meeting More ways to join: Join from the meeting link https://logis.webex.com/logis/j.php?MTID=m0675ff7d438ca447c436367bc8b786dd Join by meeting number Meeting number: 2630 865 5568 Meeting password: We994vmKKPm Connect to audio Connect to audio using the computer. Join from a video system or application Dial 26308655568@logis.webex.com You can also dial 173.243.2.68 and enter your meeting number. What does "informal meeting" mean, in terms of the subdivision proposal? Is there going to be an opportunity for public comment, officially or informally? Is it an actual public hearing as part of the Council's "reset" action on this application process? I thought I understood from Mr. Schuchmann that it was a repeated public hearing. Thanks for getting back to me/us as soon as possible on the above follow-ups. And thanks again. -Marcia Marcia Anderson 130 Edgewood Ave. N. 763-732-2697 On Mon, Jun 10, 2024 at 4:46 PM Darren Groth <dgroth@goldenvalleymn.gov> wrote: If you are a host, click here to view host information. Need help? Go to https://help.webex.com From:Jake Hartman To:Darren Groth; Sophia Ginis Subject:Fwd: Paisley - Edgewood Minor Subdivision Date:Friday, June 21, 2024 12:27:18 PM EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Ms. Ginis and Mr. Groth: I sent the email below to the general email for the planning council, but given that you are meeting on Monday, I wanted to ensure that it made it to you prior to the meeting. Thank you, Jake ---------- Forwarded message --------- From: Jake Hartman <jjhartman07@gmail.com> Date: Fri, Jun 21, 2024 at 12:11 PM Subject: Paisley - Edgewood Minor Subdivision To: <planning@goldenvalleymn.gov> Good morning, I'm writing to express a few concerns that I have about the proposed Paisley - Edgewood Minor Subdivision: 1. Based on the Preliminary Plat provided by the applicant, the lot is likely encumbered by a steep slope per state definition. The proposed width of the lot is 99.5 ft, and the elevation change shown on the Preliminary Plat shows a change over that width of 11 ft (Elevation change of 917 to 906, or 917-906 = 11 ft elevation change). Therefore, 11ft divided by 99.5 ft = 11% grade. A steep slope by state definition is anything over 12% over a distance of 50 ft or greater. The buildable envelope on the lot is likely to be less than 99.5 feet. The elevation change within the buildable envelope is likely to be steeper than over the width of the entire lot. Therefore, I would request that the Planning Committee require additional information about the slope of the lot, and that an engineering study be completed to explain how the lot is buildable given the steep slope. (Refernce: Per Chapter 6106, Part 6106.0050, Subp. 72., "Steep slope" means a natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal distance equal to or greater than 50 feet, and any slopes greater than 18 percent that are not bluffs.) 2. Based on my own experience living on Edgewood avenue and those of my neighbors, this lot is likely to have issues with excessive wetness, or will contribute to existing problems with wet basements for the surrounding neighbors. The city does not define "Excessive Wetness", therefore, anecdotal evidence of surrounding neighbors should be considered. In my own home, we had to have a sump pump installed to keep the basement dry, even during relatively normal summers. I was told by a neighbor that at one time they had been in my home prior to the sump pump installation when the basement had 6" of water in it prior to when I purchased it. I know that others have had the same experience. I propose that additional study or planning by a certified engineer be provided to place conditions on any new building so that the neighbors can be assured that their properties will not be damaged by construction on this property. We should also consider the role that mature trees play in mitigating flooding and the impacts removal will have on neighboring property simply from a water management standpoint. Section 109-121 (b) gives you the right to deny an application, and I believe the city would be within its rights to do so given the following language from the city ordinances: "Minor subdivisions may be denied upon the City's determination that the buildable portion of a resulting new lot is encumbered by steep slopes or excessive wetness. Alternatively, approval of the minor subdivision may be conditioned on the applicant's submittal of a certified engineer's study showing how the lot may be so reconditioned as to allow development without adversely affecting adjacent sites." At a minimum, the Planning Commission should consider the strong opposition of the surrounding neighbors, and every effort should be made PRIOR TO APPROVAL to ensure those neighbors that water damage will not result from construction at this site, and that the site is in fact "buildable" given the steep slope. Thank you for your time and your work on this matter. I do appreciate your careful efforts in reviewing this proposed minor subdivision. Thank you, Jake Hartman 301 Edgewood Ave N Golden Valley, MN 55427 . From:Michael Ryan To:marcia.d.anderson@gmail.com Cc:Darren Groth Subject:RE: Edgewood-Paisley Subdivision Application Date:Friday, June 21, 2024 3:16:24 PM Marcia, Thank you, and it’s nice to meet you via email. Please refer to my responses below, which are indicated with red text and a sub-list format. 1. Is it typical for the city engineer's office to state that a proposed new lot is "buildable" without having a proposed building site identified by the applicant? What is the precedent for this? Per Minn. Stats. §462.358, subd. 1a, the purpose of a subdivision is to protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the availability of housing affordable to persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities. In keeping with Minn. Stats. §462.358, subd. 1a, City Code Section 109-121 identifies the conditions for approval or denial of a minor subdivision. Neither state law nor City Code requires the City Engineer to state whether a proposed new lot is “buildable.” For reference, “buildable lot” is described in City Code Section 113-88. 2. Has a certified engineer done a study of the site for buildability, and for potential affects of building on adjacent sites? If so, was that study available to the city and placed in public record? Please refer to the response to Question #1 above. 3. What investigation did the city engineering office do on the proposed Lot 2 site, prior to recommendation? On what data sources was the investigation and analysis done--the submitted plat survey, other documentation, on-site measurements and observation, or other? How is this data accessible? In addition to the criteria in City Code Chapter 109 - Article II - Division 4, plats must also comply with City Code Chapter 109 - Article III. City engineering reviewed the submitted application in accordance with Code requirements. Copies of these documents are typically included in the materials forwarded to the Planning Commission; documents are available from the City through a public records request. City reviews applicable City Codes, definitions, and State Statutes. 4. How is the "buildability" of a proposed lot determined when no building site is identified by the applicant? Does the city identify the "buildable" portions of the lot for the applicant? A buildable lot for this application is described in City Code Section 113-88 Single Family Residential (R-1) Zoning District, which requires conformance to zoning standards, including minimum lot sizes and widths. 5. What data/facts provide evidence that the proposed Lot 2 would be buildable? The submitted application was reviewed for compliance with applicable City Code and regulations. The application and preliminary plat contain data/information pertinent to the definition of “buildable lot”. 6. What areas of the proposed lot would be the "buildable portion" based on city code and state law, and why? On what evidence or calculations, actual or estimated, is this based? The “buildable portion” of a lot is the area defined in City Code Section 113-1 as “Buildable Area (Building Envelope): That portion of a lot which is exclusive of all yards, below the established maximum height, and within which principal and accessory structures may be constructed.” City Code Section 113-88 describes the “Building Envelope” as: Taken together, the front, rear, and side setbacks and the height limitation shall constitute the building envelope. No portion of a structure may extend outside the building envelope, except as described in the list that immediately follows this definition in City Code. The Building Envelope is explicitly defined terminology. 7. What is the "average slope measured over a horizontal distance equal to or greater than 50 feet" on the proposed lot, and where on the lot was this slope-average measured? Does this slope need to be measured within a proposed building site to meet the intent of the definition of "steep slope" that might "encumber" building? The State has various definitions of steep slope, typically applicable to bluffs, shorelands, lakes and streambanks, etc. The proposed lot is not located on a bluff, shoreland, or bank. The average slope does not need to be measured within a specific building site. Refer to Question #8 response for more information. 8. Was the "approximately 11 feet of grade change across the lot" mentioned in an email from Ms. Lindahl meant to be the "average" addressed in the code to determine "steep slope"? How was the "11 feet" figure calculated? We see elevation ranges from 917 to 905, which results in a range of 12' rather than 11' (from the Preliminary Plat Survey, with a magnifying glass!). We do not know where the "average slope" was determined. No, the grade change is not meant to be the “average” slope of the lot. The greatest elevation change on Lot 2 occurs from the northwest corner (elev. 917’) and the southeast corner (elev. 905’), over a distance of approximately 170’, which corresponds to an average slope of approximately 7.1% between these lot corners. 9) For purposes of understanding how a "steep slope" condition is determined or ruled out, please respond to a nearby resident's estimates that suggest either a steeper possible grade or a longer run needed: "Without knowing the full dimensions of the lot, or of the area that is 'buildable', it's hard to figure out the exact slope of the areas in question. For discussion's sake: 11 feet rise/50 feet of run = .22 (or 22% grade if my math is correct), which is well above the definition of 'steep slope.' The email also says the applicant meets the 80-foot lot width [at front setback]. If we assume the run of the slope is actually 80 ft, then 11/80 = .1375 (13.75% slope, still within the definition of a 'steep slope'). If we reverse engineer to get the max distance (11 divided by 12%) we get approximately 92 feet of run. In other words, that change in 11 feet of grade would have to be over a distance of greater than 92 feet not to be considered a steep slope by state definition. "Is it accurate that the slope in the proposed subdivision is not a 'steep slope' by the state definition?" Relatedly, where is the front set-back line and where on the proposed plat is the minimum width of 80' documented? (FYI: the paper copy sent to nearby residents is mostly unreadable.) Please refer to responses above for more information related to steep slopes, average slopes, buildable lots, etc. It is accurate that the average slope of the lot is lower than the State’s definition of steep slope cited in your inquiry. The proposed lot width at a 35’ setback is explicitly identified down and left of the “LOT 2” label on the preliminary layout. The text reads “Proposed lot width at 35 ft setback” and the arrow points to a dimensional line indicating a 99.5’ width. 9. What has been done to assess the water table on the proposed Lot Two property and potential impacts of Lot Two building on adjacent properties? Has a percolation test been performed, and if so, what are the results? Water table evaluations and percolation tests are not conditions of approval for a minor subdivision. Please refer to City Code Sections 109-120 and 109-121. 11) What has been done to assess the projected excavation and grading required for building on the proposed Lot 2 site, particularly given the slope and nearby water table and run-off issues? (See historical references to water issues in Tralee and nearby Paisley subdivisions, and testimony of adjacent neighbors.) A builder or developer typically identifies excavation and grading requirements during design, and prior to construction. Neither assessment is required for a minor subdivision. Please refer to City Code Sections 109-120 and 109-121. 12) Given the lack of identification of a building site in the application, and the potential impacts on adjacent sites from as yet unspecified Lot 2 construction and building addition(s), such as from grading, excavation, storm-water run-off, water-table changes, and building height affects, would the city staff consider recommending to Council that the application be denied without further building-site information, OR, that approval of the minor subdivision be conditioned on the applicant's submittal of a certified engineer's study showing how the lot may be so reconditioned as to allow development without adversely affecting adjacent sites? Potential impacts of planning and development are addressed throughout the City’s Zoning Code, and/or other portions of the City Code and Ordinances pertaining to land development. The City’s Subdivision Regulations do not allow a recommendation of denial, as the application materials received comply with criteria for approval. Best, Michael Ryan, PE, CPSWQ | City Engineer | City of Golden Valley 7800 Golden Valley Road | Golden Valley, MN 55427 | P: 763-593-8043 | C: 763-438-4975 TTY: 763-593-3968 | E: mryan@goldenvalleymn.gov Pronouns: he/him/they From: Marcia Anderson <marcia.d.anderson@gmail.com> Sent: Thursday, June 20, 2024 12:46 PM To: Michael Ryan <mryan@goldenvalleymn.gov> Subject: Edgewood-Paisley Subdivision Application EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Ryan: Welcome to Golden Valley and your new position! I am part of a neighborhood group near the proposed Edgewood-Paisley subdivision. Several of us have questions and concerns about the application and the "buildability" of the proposed lot, which we hope you will be able to clarify and address. One neighbor received some information previously from consulting city planner Kendra Lindahl on this question, mostly quoting city code. We understand that you are new to the City Engineer position, and that previous staff may have been involved in the earlier stages of the application process for this subdivision. We request more information about the "buildability" data, evidence and analysis that the city staff and planning commission use/used for considering approval or denial of the application, based on city code. Please respond with information about the following questions, ideally before the Planning Commission Monday, June 24, or for the Commission members and participants at that informal meeting. Resident questions include: 1) Is it typical for the city engineer's office to state that a proposed new lot is "buildable" without having a proposed building site identified by the applicant? What is the precedent for this? 2) Has a certified engineer done a study of the site for buildability, and for potential affects of building on adjacent sites? If so, was that study available to the city and placed in public record? 3) What investigation did the city engineering office do on the proposed Lot 2 site, prior to recommendation? On what data sources was the investigation and analysis done--the submitted plat survey, other documentation, on-site measurements and observation, or other? How is this data accessible? 4) How is the "buildability" of a proposed lot determined when no building site is identified by the applicant? Does the city identify the "buildable" portions of the lot for the applicant? 5) What data/facts provide evidence that the proposed Lot 2 would be buildable? 6) What areas of the proposed lot would be the "buildable portion" based on city code and state law, and why? On what evidence or calculations, actual or estimated, is this based? 7) What is the "average slope measured over a horizontal distance equal to or greater than 50 feet" on the proposed lot, and where on the lot was this slope-average measured? Does this slope need to be measured within a proposed building site to meet the intent of the definition of "steep slope" that might "encumber" building? 8) Was the "approximately 11 feet of grade change across the lot" mentioned in an email from Ms. Lindahl meant to be the "average" addressed in the code to determine "steep slope"? How was the "11 feet" figure calculated? We see elevation ranges from 917 to 905, which results in a range of 12' rather than 11' (from the Preliminary Plat Survey, with a magnifying glass!). We do not know where the "average slope" was determined. 9) For purposes of understanding how a "steep slope" condition is determined or ruled out, please respond to a nearby resident's estimates that suggest either a steeper possible grade or a longer run needed: "Without knowing the full dimensions of the lot, or of the area that is 'buildable', it's hard to figure out the exact slope of the areas in question. For discussion's sake: 11 feet rise/50 feet of run = .22 (or 22% grade if my math is correct), which is well above the definition of 'steep slope.' The email also says the applicant meets the 80-foot lot width [at front setback]. If we assume the run of the slope is actually 80 ft, then 11/80 = .1375 (13.75% slope, still within the definition of a 'steep slope'). If we reverse engineer to get the max distance (11 divided by 12%) we get approximately 92 feet of run. In other words, that change in 11 feet of grade would have to be over a distance of greater than 92 feet not to be considered a steep slope by state definition. "Is it accurate that the slope in the proposed subdivision is not a 'steep slope' by the state definition?" Relatedly, where is the front set-back line and where on the proposed plat is the minimum width of 80' documented? (FYI: the paper copy sent to nearby residents is mostly unreadable.) 10) What has been done to assess the water table on the proposed Lot Two property and potential impacts of Lot Two building on adjacent properties? Has a percolation test been performed, and if so, what are the results? 11) What has been done to assess the projected excavation and grading required for building on the proposed Lot 2 site, particularly given the slope and nearby water table and run-off issues? (See historical references to water issues in Tralee and nearby Paisley subdivisions, and testimony of adjacent neighbors.) 12) Given the lack of identification of a building site in the application, and the potential impacts on adjacent sites from as yet unspecified Lot 2 construction and building addition(s), such as from grading, excavation, storm-water run-off, water-table changes, and building height affects, would the city staff consider recommending to Council that the application be denied without further building-site information, OR, that approval of the minor subdivision be conditioned on the applicant's submittal of a certified engineer's study showing how the lot may be so reconditioned as to allow development without adversely affecting adjacent sites? Thank you for responding to these questions with as much urgency as you can muster, given the tight "reset" timeline on this subdivision application provided by the City Council June 4 to allow more complete neighborhood information and city transparency/due process. Please reply in writing so that I may share with the residents in our neighborhood who have an interest in this subdivision decision, and whose properties will or may be affected. If you have any questions, please feel free to call me at 763-732-2697. And most definitely, welcome again to our lovely and vibrant city of Golden Valley, with, as you can tell, an engaged citizenry! Respectfully, Marcia Anderson 130 Edgewood Ave. N. Golden Valley, MN 55427 763-732-2697 marcia.d.anderson@gmail.com