12 09 24 PC Packet December 9, 2024 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order, Land Acknowledgement, and Attendance
Attendance by presence, not roll call
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.
1. Approval of Agenda
3.Public Hearings
3.A.Site Plan Review and Public Hearing Code Amendments
4.New Business
5.Staff Updates
6.Commissioner and City Council Liaison Updates
7.Adjourn
PLANNING COMMISSION 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. You may attend virtually by:
Watching on cable channel 16
Streaming on CCXmedia.org
Streaming on Microsoft Teams: meeting ID 297 731 355 148, passcode aQaE4J
Calling 1-872-256-4160 and entering conference ID number 738 266 392#
City of Golden Valley Planning Commission Regular Meeting December 9, 2024 — 6:30 PM
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley Planning Commission Meeting
December 9, 2024
Agenda Item
3.A. Site Plan Review and Public Hearing Code Amendments
Prepared By
Jacquelyn Kramer, Senior Planner
Summary
Periodically, the city will update the zoning ordinance. At this time, the Community Development
Department propose two changes:
1. Expansion of the use of the Site Plan review process.
2. Revisions to the public hearing process for planning applications.
Site Plan Review Update
In accordance with City Code Subsection 113-32(b), Site Plan review standards are established to
promote development that is compatible with nearby properties, neighborhood character, and
natural features, and consistent with the Comprehensive Plan and/or area plans adopted by the City
Council. The regulations are intended to minimize pedestrian and vehicular conflict, to promote public
safety, and to encourage a high quality of development. The regulations recognize the unique
character of land and development throughout the City and the need for flexibility in site plan review.
Currently, site plan approval is required prior to issuance of City permits for any proposed
construction within the Mixed-Use Zoning District. Staff propose expanding the use of the Site Plan
tool.
The purpose of requiring site plan review for more planning applications is to formalize and streamline
the City’s existing informal review process, provide comprehensive feedback for applicants, increase
transparency, and collect revenue to help offset staff time spent evaluating pre-application concepts.
The expansion of the Site Plan Review process will help applicants better prepare plans and
applications for planning commission review and city council action.
Public Hearing Process Update
City code requires most planning applications (comprehensive plan amendments, plats, zoning map
amendments, zoning text amendments, conditional use permits, and planned unit developments) to
go through two public hearings before city council takes action on the application. Planning
commission holds an informal public hearing and city council holds the official or formal public
hearing.
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Staff recommends simplifying the public hearing process by allowing the planning commission to hold
the official or formal public hearing and removing the requirement that city council hold a public
hearing before taking action on a planning application. Public hearings at planning commission would
require a notice to be posted in the local newspaper and mailed notices sent to properties near the
project site. City Council would still have the option of taking public comments before acting on an
application.
The purpose of modifying the public hearing process is to eliminate confusion by residents on when
their comments will be heard in the review process, simplify the approval process for applicants,
reduce the time and expense spent on hearing notices, and to allow all public comments to be
received by the city before the city council meeting thereby ensuring all public comments are included
in the staff report to city council.
Summary of Proposed Changes to Zoning Code:
1. Updated site plan review purpose statement
2. Update to site plan review applicability section
a. Site plan design review will now be required in any of the following circumstances:
i. The new construction of a nonresidential building.
ii. The expansion, remodel, or alteration of any building by more than 10 percent of its
existing floor area.
iii. A change of zoning use resulting in greater impacts on traffic, parking, noise or
other factors.
iv. Construction and reconstruction of structures within ingress/egress easements.
b. The following activities shall not require site plan design review:
i. Permits authorizing residential construction for single-family residential uses,
duplexes, and accessory dwelling units.
ii. Any activity that is not considered a change in use.
iii. Any activity on the exterior of a nonresidential building that does not exceed a 25
percent change in any existing facade or roof form.
iv. Development Activity approved via a previous site plan associated with an existing
and current CUP, Development Agreement, or PUD.
v. Interior alterations.
vi. Normal building maintenance and repair.
vii. Public trails, playgrounds, parks, ballfields, or other public facilities, amenities, and
appurtenances.
3. Additional language in the “Information Required” and “Site Plan Review” sections to provide
more details and guidance for applicants.
4. New site plan “Approval Process” section outlining how applications will be approved by city
staff.
5. Updates to the pre-application conference and definition sections of the zoning code to align
with proposed changes to the site plan process.
6. Modifications to several sections of the code to allow planning commission to hold formal public
hearings on planning applications.
Public Notifications
No public notification is required for informal public hearing of Zoning Code Text Amendments.
A notice of the formal public hearing will be posted in the local newspaper at least 10 days prior to the
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public hearing at City Council. A draft of the zoning code amendment will be posted on the city
website at least 10 days prior to December 17.
Previous Meetings
Planning Commission work session: September 23, 2024
City Council work session: November 12, 2024
Next Steps
Council will hold the formal public hearing and take action on the zoning code amendment on
December 17, 2024.
Staff Contact Information
Jacquelyn Kramer
Associate Planner
jkramer@goldenvalleymn.gov
Recommended Action
Recommend approval of the zoning code amendment to City Council.
Supporting Documents
Draft Ordinance - site plan review and public hearing processes
Planning Commission Meeting Minutes - 09-23-2024
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ORDINANCE NO. ###
AN ORDINANCE AMENDING THE CITY CODE
Amending Chapter 113 - Zoning in order to update the site plan review and public hearing
processes
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Section 2-126 is amended to read as follows.
Section 2-126. – Planning Commission
(a) Establishment and Composition.A Planning Commission is hereby established,
composed of eight members, seven who shall serve three-year staggered terms and one
youth, who shall serve a one-year term.
(b) Duties and Responsibilities.The Planning Commission shall advise and make
recommendations to the Council in all matters relating to planning and growth of the City.
Specifically it shall:
(1) Develop and make recommendations to maintain and update the
Comprehensive Plan of the City
(2) Develop and make recommendations to maintain and update the land use regulations
needed to implement the Comprehensive Plan
(3) Develop and make recommendations for policies on other matters relating to the
social, economic and physical environment; and
(4) Planning applications
(5) Conduct official public hearings; and
(64) Advise and recommend such other functions or procedures as may be assigned to
them by the City Code or the Council.
Section 2. City Code Section 109-65 is amended to read as follows.
Section 109-65 Preliminary Plat
(a) Before dividing any tract of land into two or more lots or parcels, except as provided for
under Division 4 of this article, an owner or subdivider shall, unless a variance is
authorized under the terms of this chapter, make application to the office of the City
Manager or his/her designee for preliminary plat approval. The application shall be
heard by the Planning Commission. Said application shall be accompanied by:
(1) Copies of the preliminary plat, the number of which shall be established on the
application form.
(2) A filing fee shall be set by Council resolution. This fee shall be used in connection
with approval or disapproval of said preliminary plat, and before approval of the
final plat. The subdivider shall also pay to the City an amount equal to the charge
made to the City by the City Attorney for each abstract of title or registered property
abstract required to be examined in connection with said final plat approval as
specified in this chapter.
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Ordinance No. -2-December 17, 2024
(b) After receiving a complete application, the Planning Commission shall hold an official
public hearing on the preliminary plat. The notice of the hearing shall be published in
the official newspaper at least 10 days prior to the hearing. A public notice shall be
mailed to all property owners within 500 feet of the proposed preliminary plat at least
10 days prior to the hearing. At the close of the public hearing, the Planning
Commission shall make a recommendation to the City Council
(c) Upon recommended approval or disapproval of the preliminary plat by the Planning
Commission, the plat shall be referred to the Council for action.
(d) After receiving a recommendation for approval or disapproval of the preliminary plat by
the Planning Commission, the Council shall hold a public hearing on the preliminary
plat. The notice of the hearing shall be published at least once in the official
newspaper at least 10 days prior to the hearing. A public notice shall be mailed to all
property owners within 500 feet of the proposed preliminary plat at least 10 days prior
to the hearing. At the close of the public hearing, the Council shall grant approval of
the preliminary plat, approval with conditions, refer the preliminary plat back to the
Planning Commission for additional study or disapprove the preliminary plat stating the
reasons for such action in the official minutes of the Council meeting. The Council
shall take final action on the preliminary plat within 120 days of submittal unless an
extension has been agreed to by the applicant. If no action has been taken within 120
days, the preliminary plat shall be deemed to be approved.
Section 3. City Code Section 109-122 is amended to read as follows.
Section 109-122. Final Plat Application Review Process
(a) The completed application shall be received by the staff of the Physical Community
Development Department. An informal official public hearing by the Planning Commission
shall be scheduled following application acceptance. At least 10 days prior to the hearing
date, legal notice shall be published in the official newspaper of the City, and notice of the
hearing shall be mailed to the owners of all property within 500 feet of the subject property.
The Planning Commission shall consider the conditions established in Section 109-121 and
shall make a recommendation to the City Council on whether to approve or deny the
proposed minor subdivision or consolidation.
(b) After review and recommendation by the Planning Commission, the application shall be
formally heard by the City Council. At least 10 days prior to the hearing date, legal notice
shall be published in the official newspaper of the City, and notice of the hearing shall be
mailed to the owners of all property within 500 feet of the subject property.
Section 4. City Code Section 113-28 is amended to read as follows.
Section 113-28. Comprehensive Plan
(a) The City Council shall adopt, and may from time to time amend, a municipal
Comprehensive Plan pursuant to Minn. Stats. §§ 473.851—473.871. The Comprehensive
Plan shall serve as a guide to the City and its public officials for future development and
zoning actions.
(b) Before adopting any such plan or amendment, the City Council shall solicit the
recommendations of the Planning Commission.
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Ordinance No. -3-December 17, 2024
(c) The Planning Commission shall hold at least one informal official public hearing on any
plan or proposed amendment before recommending any such plan or amendment or portion
thereof. All official public hearings required by this section shall be held no sooner than 10
days after a notice has been published in the official City newspaper.
(d) The City Council shall take no action on a proposed plan or amendment until it receives
the Planning Commission's recommendation, or until 60 days after such plan or proposed
amendment has been submitted to the Planning Commission.
(e) Upon receiving the findings and recommendations of the Planning Commission, or the
elapse of said 60-day period, the City Council shall upon published notice hold an official
public hearing with respect to the proposed adoption of, or amendment to, the
Comprehensive Plan.
(f) All official public hearings required by this section shall be held no sooner than 10 days
after a notice has been published in the official City newspaper.
(fe) Any action taken at the City Council meeting shall become part of the Comprehensive
Plan for the City, provided that a resolution evidencing said action was approved by a two-
thirds vote of all of the members of the City Council.
(gf) All eligible applications for Comprehensive Plan amendments must comply with the City's
Mixed-Income Housing Policy.
Section 5. City Code Section 113-29 is amended to read as follows.
Section 113-29. Zoning Map and Chapter Amendments
(a) No change, modification, or amendment shall be made to the boundary or designation of
any zoning district on the zoning map, or to the provisions of this chapter, except after an
official public hearing and upon a majority affirmative vote of the City Council. Zoning map or
chapter amendments may be initiated by the City Council or by petition of affected persons
and owners of property within the City.
(b) Upon receipt of such a petition, the matter shall be referred to the Planning Commission
for review and recommendation.
(c) The Planning Commission shall hold at least one informal official public hearing on any
proposed zoning map or chapter amendment before recommending any such change or
amendment. For zoning map amendments, all property owners within 500 feet of the subject
site shall be notified of the informal public hearing by the U.S. mail not less than 10 days prior
to the date of the informal public hearing. Such notice shall include the date, time, and place
of the hearing and shall identify the subject site.
(d) All official public hearings required by this section shall be held no sooner than 10 days
after a notice has been published in the official City newspaper. For zoning map
amendments, copies of the written notice in the form published shall be mailed to all property
owners within 500 feet of the subject site not less than 10 days prior to the date of such
official public hearing.
(de) The City Council shall take no action on a proposed amendment until it receives the
Planning Commission's recommendation, or until 60 days after such proposal has been
submitted to the Planning Commission.
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Ordinance No. -4-December 17, 2024
(e) Upon receiving the findings and recommendations of the Planning Commission, or the
elapse of said 60-day period, the City Council shall call and conduct an official public hearing
to consider the proposed zoning map or chapter amendment.
(f) All official public hearings required by this section shall be held no sooner than 10 days
after a notice has been published in the official City newspaper. For zoning map
amendments, copies of the written notice in the form published shall be mailed to all property
owners within 500 feet of the subject site not less than 10 days prior to the date of such
official public hearing.
(ge) The adoption or amendment of any portion of a zoning ordinance which changes all or
part of the existing classification of a zoning district from residential to commercial, light
industrial, industrial, or office requires a two-thirds majority affirmative vote of all members of
the City Council.
(hf) All eligible applications for zoning map amendments must comply with the City's Mixed-
Income Housing Policy.
Section 6. City Code Section 113-30 is amended to read as follows. “***” denotes
section breaks.
Section 113-30. Conditional Uses
***
(c) The City Manager or his/her designee shall refer the application to the Planning
Commission to hold an informal the official public hearing. Notice of the official public hearing
shall be published in the official newspaper of the City not less than 10 days prior to the date
of the hearing. Such notice shall include the date, time, and place of the hearing and shall
reasonably identify the subject site. The applicant and all property owners within 500 feet of
the subject site shall be notified of the informal official public hearing by the U.S. mail, not
less than 10 days prior to the date of such official public hearing. Such notice shall include
the date, time, and place of the hearing and shall identify the subject site.
***
(f) Notice of the official public hearing shall be published in the official newspaper of the City
not less than 10 days prior to the date of the hearing. Such notice shall include the date, time,
and place of the hearing and shall reasonably identify the site. In addition, copies of the
written notice in the form published shall be mailed to the applicant and to all property owners
within 500 feet of the subject site not less than 10 days prior to the date of such official public
hearing.
Section 7. City Code Section 113-32 is amended to read as follows. “***” denotes
section breaks.
Section 113-32. Site Plan Review.
(a)Purpose. The purpose of this section is to establish procedures for the regulation of
land use and development within the City to ensure development activity is compatible
with nearby properties, neighborhood character, natural features, and consistent with
the Comprehensive Plan, area plans, and applicable requirements of the Golden
Valley City Code.
(b)Applicability
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Ordinance No. -5-December 17, 2024
(1) Site plan review shall be required in any of the following circumstances:
i. The new construction of a multi-family or nonresidential building.
ii. The expansion, remodel, or alteration of any multi-family or
nonresidential building or other structure by more than 10 percent of its
existing floor area, or overall size in cases where floor area standards
are not applicable.
iii. A change of zoning use, or where traffic, parking, noise or other impacts
are greater than the impacts for the previously existing use, as
determined by the Community Development Director or designee.
iv. The construction and reconstruction of driveway approaches, gates,
roads, shared access facilities, alleys, and driving surfaces within
ingress/egress easements.
(2) The following activities shall not require site plan review:
i. Permits authorizing residential construction for single-family residential
uses, duplexes, and accessory dwelling units.
ii. Any activity that is not considered a change in use, as determined by the
Community Development Director or designee.
iii. Any activity on the exterior of a multi-family or nonresidential building that
does not exceed a 25 percent change in any existing facade or roof form.
iv. Development activity approved via a previous site plan associated with
an existing and current CUP, Development Agreement, or PUD.
v. Interior alterations: provided that the interior alterations do not result in:
1. Nonconformity with Federal Emergency Management Agency
substantial improvement thresholds; or
2. An increase in the total square footage or valuation of the
structure thereby requiring upgraded fire access or fire
suppression systems.
vi. Normal building maintenance and repair.
vii. Public trails, playgrounds, parks, ballfields, or other public facilities,
amenities, and appurtenances.
(3) Nothing in this subsection exempts interior alterations from otherwise
applicable building, plumbing, mechanical, or electrical codes. For purposes of
this subsection, “interior alterations” include construction activities that do not
modify the existing site layout or its current use and involve no exterior work
adding to the building footprint.
(4) No building permit shall be issued for any of the circumstances listed in
Subsection (a)(1)(i-v) above unless a site plan is first approved by the City. No
certificate of occupancy shall be issued unless all construction and
development conform to the site plan as approved by the City.
(c)Procedure for Site Plan Review and Approval.
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Ordinance No. -6-December 17, 2024
(1) An application for site plan review shall be submitted in writing and include
payment of the applicable fee(s) established by the City Council.
(2) The application shall be considered complete once the City receives a written
request containing all information required by law, City Code, development
application(s) and checklist(s), or by a previously adopted City rule, ordinance,
or policy.
(3) If the written application request does not contain all required information, the
City shall send written notice, within 15 business days of receipt of the request,
telling the applicant what information is missing.
(4) Staff may request additional information and data from the applicant
concerning site or operational factors and may retain expert assistance, with
the consent and at the expense of the applicant, if necessary to evaluate the
request in relation to the standards of the City Code.
(d)Information Required. The site plan application shall contain sufficient information
relative to the proposed development, including but not limited to the following items
which are further described on the City’s Application and Checklist forms.
(1) Address and legal description of the subject property.
(2) Status of Inflow/Infiltration compliance.
(3) Property survey, including existing buildings, structures, etc.
(4) Site Diagram.
(5) Utility plan sheet showing the placement of utilities.
(6) Grading and stormwater plan.
(7) Landscape Plan and proposed screening details.
(8) Parking, loading, and both on- and off-site circulation.
(9) Building elevations.
(10)Signage.
(11)Lighting pole(s) and fixture(s) locations and a site lighting plan.
(e)Site Plan Review. Based upon its review, City staff may approve, conditionally
approve, request modifications, or deny the site plan based on evaluation of the site
plan details with respect to the Site Plan’s compliance with all provisions of the State
law, City Code, and other regulations of the City of Golden Valley including but not
limited to:
(1) Off-street parking and loading, lighting, open space, and the generation of
objectionable smoke, fumes, noise, odors, dust, glare, vibration, or heat.
(2) The impact of the development relating to the preservation of existing natural
resources on the site and the impact on the natural resources of the
surrounding properties and neighborhood.
(3) The relationship of the development to adjacent uses in terms of harmonious
design, setbacks, public welfare, and negative impacts.
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Ordinance No. -7-December 17, 2024
(4) The provision of a safe and efficient vehicular and pedestrian circulation
system.
(5) The design and location of off-street parking and loading facilities to ensure
that all such spaces are usable and are safely and conveniently arranged.
(6) The sufficient width and suitable grade and location of streets designed to
accommodate prospective traffic and to provide access for firefighting and
emergency equipment to buildings.
(7) The use of landscaping and screening to provide adequate buffers to shield
lights, noise, movement, or activities from adjacent properties when necessary,
and to complement the design and location of buildings and be integrated into
the overall site design.
(8) Exterior lighting to ensure safe movement and for security purposes, which
shall be arranged so as to minimize glare and reflection on adjacent properties.
(9) The location, size, and configuration of open space areas to ensure that such
areas are suitable for intended recreation and conservation uses.
(10)Protection and conservation of soils from erosion by wind or water or
from excavation or grading.
(11)Protection and conservation of water courses and areas subject to
flooding.
(12)The adequacy of water, drainage, sewerage facilities, garbage disposal,
and other utilities necessary for essential services to residents and occupants.
(f)Approval Process.
(1) The Community Development Director or designee shall review and approve,
approve with conditions, or deny all site plans.
(2) If development of a lot with an approved site plan has not commenced within
two (2) years of the date of final approval of the site plan, the site plan shall be
deemed to have expired, and the approval shall be null and void.
(3) If a site plan is denied, the applicant may appeal to the Board of Zoning
Appeals in accordance with City Code Section 113-27.
(4) It is recognized that final architectural and engineering design may
necessitate minor changes in the approved site plan. In such cases, the
Community Development Director or designee shall have the authority to
approve minor modifications of an approved site plan, provided that such
modifications do not materially change the circulation and building location on
the site, or any conditions specifically attached as part of approval.
(5) Applicable elements of the approved Site Plan shall be used in the application
for any subsequent permits for the Development. In all instances, the
approved Site Diagram shall accompany the permit application.
(a)Site plan review standards are established to promote development that is compatible with
nearby properties, neighborhood character, and natural features, and consistent with the
Comprehensive Plan and/or area plans adopted by the City Council. The regulations are
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Ordinance No. -8-December 17, 2024
intended to minimize pedestrian and vehicular conflict, to promote public safety, and to
encourage a high quality of development. The regulations recognize the unique character of
land and development throughout the City and the need for flexibility in site plan review.
(b)Within the Mixed Use Zoning District, site plan approval is required prior to issuance of
City permits for any proposed construction, with the following exceptions:
(1)Construction or alteration of an accessory structure.
(2)A use within an existing building that has received site plan approval, if the
establishment of the use does not alter the approved site plan for the property.
(3)Proposed modifications that are strictly related to the interior of the building.
(4)Modifications, additions, or enlargements to a building which do not increase the
gross floor area by more than 500 square feet or 10 percent, whichever is less, and
which do not require a variance from the provisions of this chapter.
(5)Alteration or expansion of an existing parking lot that results in a change of no
greater than 10 percent of the total number of parking spaces.
(6)Grading or site preparation that results in minor modifications to the existing site, as
approved by the City Engineer.
(c)Applications for site plan approval shall be made on forms provided by the City and shall
include all information deemed necessary by the City Manager or his/her designee.
(1)Site or building plans shall be approved by the Planning Commission. The approval
shall be completed within 30 days of receipt of complete plans. The applicant shall be
notified by U.S. mail of the decision of the Planning Commission. Within 30 days of the
decision of the Planning Commission, the applicant may file a written appeal of the
decision to the City Manager or his/her designee, thereby appealing the Planning
Commission decision to the City Council. The City Council shall, within 30 days from
the date of such appeal, make its findings and determinations with respect to the
appeal and serve written notice to the appellant by U.S. mail.
(2)All developments that require a variance and site and building plan review shall
obtain the variance prior to starting the building or site plan review process.
(d)Site plans shall be reviewed with reference to:
(1)Conformance to the applicable standards of the City Code and other City
requirements.
(2)Where applicable, consistency with the development standards and objectives
established for the Mixed Use Zoning District or specific areas or districts in the
Comprehensive Plan or other area plans adopted by the City.
Section 8. City Code Section 113-34 is added.
Sec. 113-34. – Pre-Application Conference or Meeting.
(b)Purpose. The purpose of the preapplication conference or meeting shall be to acquaint
the applicant with the substantive and procedural requirements of the Golden Valley City
Code and applicable elements of the comprehensive plan, arrange such technical and
design assistance as will aid the applicant, and to otherwise identify policies and
regulations associated with the proposed Development.
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Ordinance No. -9-December 17, 2024
(c) A preapplication conference or meeting shall be required for planning applications,
including all Site Plan applications submitted in accordance with Section 113-32.
(1) Only one preapplication conference or meeting shall be required for all project permit
applications related to the same project, though an applicant may elect to arrange
multiple conferences or meetings in relationship to a given project.
(2) A preapplication conference or meeting shall precede the submittal of any project
permit application.
(3) Conferences are scheduled ahead of time for a specific date and time. The applicant
provides a project narrative and any questions in advance to allow City staff time to
prepare and invite the necessary attendees.
(4) Meetings can be held in-person or virtually and are less formal than conferences. They
are often conducted in a casual setting and can sometimes be unplanned at the front
counter, if the applicant is ready to apply.
(5) The community development director or designee may waive, in writing, the
requirement for the conference or meeting for proposals that are determined not to be
of a size and complexity to require the detailed analysis of a preapplication
conference, or as otherwise determined not appropriate for such review.
(d) It is impossible for the conference or meeting to be an exhaustive review of all potential
issues. Neither the discussion nor the information form given to the applicant shall not
bind or prohibit the city’s future application or enforcement of the applicable law, rather, is
intended to offer the applicant guidance in preparing a development proposal for
submittal.
(e) Preapplication Conference or Meeting Submittal Requirements.
(1) To initiate a preapplication conference or meeting, an applicant shall submit a
completed form provided by the city and all information pertaining to the proposal as
prescribed by the Community Development Department’s respective Application(s)
and Checklist(s).
(2) Failure to provide pertinent information regarding the request may prevent the city
from identifying all applicable issues or providing the most effective preapplication
conference or meeting.
Section 9. City Code Section 113-124 is amended to read as follows. “***” denotes
section breaks.
Section 113-123. Planned Unit Development
***
(d) Procedures.
(1) Qualifications.Application for a PUD or PUD amendment may be made only by the
owner of the land involved in the PUD application, or by a duly authorized representative,
or an option or contract holder, provided the application is accompanied by fully executed
agreements or documents from the owner stating that such owner has no objections to
the proposed application and is in fact joining in the same. The City may act as an
applicant on its own behalf or on the behalf of an affiliated governmental body.
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Ordinance No. -10-December 17, 2024
(2) Preliminary PUD Conference.Prior to filing a PUD application and prior to conducting
a neighborhood meeting, the applicant shall meet with City staff for a preapplication
conference. The primary purpose of the conference is to allow the applicant and staff to
discuss land use controls, appropriate use of the site, design standards, how the plan will
achieve higher quality and meet the PUD purpose and design requirements, the
application process, and the general merits of the applicant's proposal.
(3)Neighborhood Meeting.At an appropriate point during development of a preliminary
PUD plan or major PUD amendment application process, the applicant shall hold a
neighborhood meeting. All property owners within 500 feet of the PUD, or a larger area as
determined by the City, shall be given notice of the meeting. The purpose of the meeting
is to inform the neighborhood of the proposal, discuss the concepts and basis for the plan
being developed, and to obtain information and suggestions from the neighborhood.
(4)Preliminary PUD Review.
a.Planning Division.Upon submission of a completed preliminary PUD plan
application, the Planning Division shall:
1.Refer.Refer the application to other City departments for their written
evaluations regarding those aspects of the proposal which affect public safety and
the delivery of City services.
2. Notify.Notify by mail property owners within 500 feet of the PUD, or a larger
area to be determined by the City, of the public information meeting. However,
failure of any property owner to receive notification shall not invalidate the
proceedings.
32.Report.Prepare a report and refer it to the Planning Commission for review at
the public hearing.
b.Planning Commission.
1.Informal Public Hearing.The Planning Commission shall hold an informal public
hearing and consider the application for consistency with the intent and purpose
provisions in Subsection (a) of this section and other requirements of this section
and principles and standards adhered to in the City. Notice of the official public
hearing shall be published in the official newspaper of the City not less than 10
days prior to the date of the hearing. Such notice shall include the date, time, and
place of the hearing and shall reasonably identify the subject site. Additionally, all
property owners within 500 feet of the PUD, or a larger area as determined by the
City, shall be given notice of the meeting. The Planning Commission’s report to the
City Council shall include recommended changes, conditions, or modifications.
2.Recommendation.The findings and recommendation of the Planning
Commission shall be forwarded to the City Council and may include recommended
conditions and modifications to the preliminary PUD plan.
c.City Council.
1. Public Hearing. The City Council shall hold a public hearing and take action on the
application. All property owners within 500 feet of the PUD, or a larger area as
determined by the City, shall be given notice of the meeting. The public hearing shall
be called and notice thereof given in the manner required by statute.
14
Ordinance No. -11-December 17, 2024
2. Action.The findings and action of the City Council may include a request for plan
amendments, approval, denial, or other action deemed appropriate by the City Council
such as referral back to the Planning Commission.
(5)Final PUD Conference.Following approval by the City Council of the preliminary PUD
plan, with or without conditions, and prior to the submission of the final PUD plan for
review, the applicant shall meet with City staff to demonstrate that all conditions or
required modifications to the preliminary PUD plan have been addressed. Failure to hold
this meeting prior to submission of the final PUD plan shall be grounds to deem the
application incomplete.
(6)Final PUD Review.
a.Planning Division.Upon submission of a completed final PUD plan application, the
Planning Division shall:
1.Refer.Refer the application to other City departments for their written
evaluations regarding those aspects of the proposal which affect public safety and
the delivery of service.
2. Notify.Notify by mail property owners within 500 feet of the PUD, or a larger
area to be determined by the City, of the public information meeting. However,
failure of any property owner to receive notification shall not invalidate the
proceedings.
32.Report.Prepare a report and refer it to the Planning Commission for review at
the informal public hearing.
b.Planning Commission.
1.Informal Public Hearing.The Planning Commission shall hold an informal public
hearing. Notice of the official public hearing shall be published in the official
newspaper of the City not less than 10 days prior to the date of the hearing. Such
notice shall include the date, time, and place of the hearing and shall reasonably
identify the subject site. Additionally, all property owners within 500 feet of the PUD
or a larger area as determined by the City, shall be given notice of the meeting.
2.Consistency.The Commission shall review the final PUD plan for consistency
with the preliminary PUD plan as approved by the City Council, and the conditions,
if any, imposed by the City Council, the intent and purpose provisions of
Subsection (a) of this section, all other provisions of this section, and principles and
standards adhered to in the City.
3.Recommendation.The findings and recommendation of the Planning
Commission shall be forwarded to the City Council and may include recommended
conditions and modifications to the final PUD plan.
c.City Council.
1. Public Hearing. The City Council shall hold a public hearing and take action on the
application. All property owners within 500 feet of the PUD, or a larger area as
determined by the City, shall be given notice of the meeting. The public hearing shall
be called and notice thereof given in the manner required by statute.
2. Action.The findings and action of the City Council may include plan amendments,
approval, denial, or other action based on findings and deemed appropriate by the City
Council such as referral back to the Planning Commission.
15
Ordinance No. -12-December 17, 2024
d.Approval.Approval of a PUD shall be by ordinance requiring an affirmative vote of a
majority of the City Council.
Section 10. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 17 day of December, 2024.
_____________________
Roslyn Harmon, Mayor
ATTEST:
________________________
Theresa J. Schyma, City Clerk
16
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, September 23, 2024 – 6:30 p.m. | City Hall Council
Chamber 7800 Golden Valley Road Golden Valley, MN 55427
1. CALL TO ORDER AND LAND ACKNOWLEDGEMENT
• Chair Ruby called the meeting to order at 6:30 p.m. and read the Land Acknowledgement
• Regular Members Present: Barnstorff, Brookins, Cohen, Ruby, Segelbaum, Sicotte, Van Oss
• Regular Members Absent: None
• Student Member, Status: Vacant
• Staff Members Present: Darren Groth, Assistant Comm. Dev. Director
Jacquelyn Kramer, Senior Planner
Steven Okey, Associate Planner
• Council Member Present: NONE
2. CONSENT AGENDA: Cohen motioned to approve the consent agenda, as
presented. Van Oss seconded. Commission
voted 5-0 to approve.
3. PUBLIC HEARINGS: NONE
4. NEW BUSINESS:
a. Site Plan Code Amendment
• Kramer introduced the Site Plan Code Amendment for work session. Outlined what was in the
agenda packet for the meeting. Noted that the new process as proposed would be
administrative rather than through the Planning Commission and that appeals would go through
the BZA rather than City Council. She also gave an overview of the process for site plan review.
She then stated what staff would like to get from the Planning Commission and the timeline.
• Segelbaum brought up the issues of projects stalling after approval and asked what can be done
to insure these projects do not drag on. He noted the two-year time limit that is in the proposed
Site Plan Code amendment.
• Groth explained the two-year time limit reasoning, that it is a commonly used timeframe locally
and that it aligns with other project processes.
• Ruby asked a clarifying question as to what constitutes the start of the project and how do we
insure they keep on track with the project.
• Groth explained that it is when real costs are expended for the project.
• Ruby asked about how do we make sure the site is maintained to City standards.
• Groth noted that prior to the start of the approved project they are required to maintain the
parcel to the standards of City code.
• Segelbaum followed up to clarify how do we insure the project is completed in a timely manner.
• Groth explained that once a site plan is submitted and you have submitted the building permits
you are subject to the time limits imposed. For building permits the expiration of building
permits is 180 days with a possibility of an extension for another 180 days. Planning does not
have the tools to make sure the project is moved forwards but we do have the building permit
process and deadlines to rely on.
• Segelbaum then asked could we use the site plan process to hold someone accountable to
project completion, could we require that they submit a new application after a certain time
period.
• Groth noted that with our new permitting system we will have a better way to track progress
and that permits will all be tied together. This will allow us to hold them to a timeline. 17
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, September 23, 2024 – 6:30 p.m. | City Hall Council
Chamber 7800 Golden Valley Road Golden Valley, MN 55427
• Cohen brought up the Xenia project and how the project had many stops and starts as an
example of a how we need to have some sort of mechanism to insure timely project progress.
• Ruby asked if what other mechanisms can we use to hold developers to a timeline, not
necessarily within the site plan review process. He asked would we use tax incentives.
• Groth did use TIFs as an example of how to hold developers accountable. He noted that we
could use some sort of contract process and explained how phasing plans could be used as a
mechanism.
• Brookins asked if there were processes such as performance bonds, letters of credit or other
mechanisms we could use.
• Groth noted that used performance requirements for the Sentinel project.
• Sicotte asked about the requirements for utility plans be provided for the site plan review
process.
• Kramer noted that we have other departments reviewing the site plan review applications to
make sure it if okay to move forward.
• Brookins reiterated the importance of knowing how a project will be served by the utilities.
Ruby asked for clarity on why it only applies to nonresidential or additions to single-family
dwellings.
• Barnstorff pointed out that there is a requirement for utility plans.
• Groth explained that there is different process for new single-family builds.
• Brookins noted that there needs to be some clarification of the definitions of the different types
of dwellings.
• Ruby suggested that it may be a good idea to adapt the checklist on they type of project.
• Cohen commented that the changes are clearer and that the ambiguities have been removed.
• Van Oss asked about what mechanisms are there for public input since this is an administrative
review.
• Groth agreed that certain language should be more well defined. He noted that with future
code changes we may institute some form of noticing for the site plan review process.
• Ruby suggested that we remove section D-#1 & #2 at this time to remove any subjectivity.
• Sicotte asked how the process aligns with the Planning Commission.
• Kramer noted that if there were other entitlements necessary would Planning Commission be
brought into the site plan review process.
• Van Oss noted that large projects would still likely be brought before the Commission.
• Groth noted that the site plan process is required for the entitlements that end up being
brought to the Commission.
• Brookins brought up how does the site plan review process tie into zoning code changes.
b. Small Cell Wireless Code Amendment
• Okey presented the Small Cell Wireless Code Amendment. He noted that we currently have a
solid code for Small Cell Wireless installations. He also did a broad overview of what small cell
wireless facilities are and what they accomplish. He noted that our current code does have an
administrative process in place. He noted that there were changes in the Minnesota Statute in
2023 related to location requirements and that our code needs to be updated to be in line with
the requirements. Possible areas of research are how to handle the private versus public lands
and how the shot clock is applied to colocation versus new poles.
• Ruby asked how does this process start?
• Okey explained that an application would be submitted by either one of the large carriers or
perhaps a consultant group on behalf of one of the large carriers.
• Ruby asked about the question of equity and can we insure that there is an equitable
distribution of new facilities. 18
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, September 23, 2024 – 6:30 p.m. | City Hall Council
Chamber 7800 Golden Valley Road Golden Valley, MN 55427
• Okey explained that we cannot require they locate in a certain area.
• Ruby asked to clarify that we are not able to.
• Groth explained that we cannot require it but gave an example of private property owners have
approached providers to get them to place facilities on their land.
• Ruby asked if the wireless carriers could make a contract with private landowners to locate their
facilities on their properties. He then asked in that case would they still need to come through
the city.
• Okey confirmed that they would still have to file a permit with the city. Both for private and
public
• Ruby asked if we could dictate design standards.
• Okey stated that we can ask for design standards. And brought up that there is some confusion
regarding what we can require on private property. Can we require screening on private
property? He noted that the FCC rules are very specific for public ROW.
• Cohen brought up some of the health and safety concerns that may be brought up by residents.
• Okey there are allowances provided for anything that is a public health or safety concern. The
FCC does have studies available about the health concerns.
• Cohen asked the question how do we know what areas need the coverage.
• Okey stated this might be a question for one of the carriers.
• Sicotte asked if there are height requirements.
• Okey noted that the height requirements based on effectiveness is a technical question but that
we do have some height restrictions.
• Ruby asked if we have had any applications for these.
• Okey noted that he hasn’t had the time to dig too deeply but that one of the more recent ones
was to be installed on the water tower.
• Ruby brought up the subject of fiber optics and the push for more services.
• Okey noted that this was more of a right of way discussion for engineering and that it is
separate from small cell wireless.
c. Planning Commission Work Plan
• Kramer explained that the work plan is there as a vehicle for questions on the topics as well as
adding new items.
• Groth discussed what has been populated to the calendar for Planning Commission and City
Council.
5. COUNCIL LIAISON REPORT:
• Kramer updated the commissioners on the two recent Council Approvals.
o 5851 Duluth Street PUD Amendment with conditions– Approved Unanimously
o 6930 Olson Memorial Highway Subdivision – Approved with a vote of three to two
• Kramer also touched on the interviews for the youth member for Council. Groth confirmed that
no youth vacancies were filled.
6. STAFF COMMENTS:
• Kramer noted the hiring of Emily Goellner as the new Community Development Director.
7. COMMISSIONER UPDATES: NONE
19
CITY OF GOLDEN VALLEY
PLANNING COMMISSION MEETING MINUTES
Monday, September 23, 2024 – 6:30 p.m. | City Hall Council
Chamber 7800 Golden Valley Road Golden Valley, MN 55427
8. ADJOURNMENT: Chair Ruby adjourned the meeting at 7:53 p.m.
Approved by:
Attest By: Commission Secretary
Jacquelyn Kramer, AICP
Senior Planner
20