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01-14-08 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, January 14, 2008 7pm 1. Approval of Minutes December 17,2007 Joint Planning/Environmental/Open Space and Recreation Commission Meeting December 17, 2007 Regular Planning Commission Meeting 2. Informal Public Hearing - RHT Office LLC - 9400 Golden Valley Road Applicant: RHT Office LLC Address: 9400 Golden Valley Road Purpose: To allow the applicant to operate an employee only daycare room in the Business and Professional Offices Zoning District 3. Discussion Regarding In-fill Housing Issues 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 5. Other Business 6. Adjournment This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. "', 'lo' . Joint Meeting of the Golden Valley Planning Commission, Environmental Commission and Open Space and Recreation Commission December 17, 2007 A joint meeting of the Planning Commission, Environmental Commission and Open Space and Recreation Commission was held at the Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, December 17,2007 Planning Intern Joe Hogeboom called the meetin at 6 pm. She explained that problems, communi staff, residents d r programm tic rty, ndlee and Irector of Clancy, Ekman, Barr Intern Joe Hogeboom Those present were, Planning Commissioners Cera, Eck, Keysse Schmidgall and Waldhauser, Environmental Commissioners, and Pawluk, Open Space and Recreation Commissioners J McConico. Also present was Director of Parks & Recreation Planning and Development Mark Grimes, Director of Public Environmental Coordinator AI Lundstrom, Public Wor Engineering Consultants Karen Chandler and Ti and Administrative Assistant Lisa Wittman 1. Presentation/Discussion of the Element n Update - Surface Water . Chandler stated that a new Surfa the Comprehensive Plan Updat of Minnesota National Poll uti the Metropolitan Council, Water Management Co t Plan is being written as a part of must meet the requirements of the State andimination System (NPDES) MS4 Permit, Creek Watershed District and the Bassett Creek ill provide the following benefits: prevent future m and issues, provide an information resource for ter planning for development and re-development and budgeting. ES MS4 permit which is a permit that the City has to receive in ater. He discussed the Golden Valley Surface Water Pollution PPP) tasks including: public education and outreach, public it discharge detection and elimination, construction site runoff control, n stormwater management and pollution prevention/housekeeping. Brown referred to a map of impaired waters which included: Bassett Creek, Sweeney Lake, Wirth Lake, Medicine Lake, Lake Hiawatha and Lake Pepin. Schmidgall asked why Bassett Creek is considered impaired. Brown explained that the waters listed on the impaired list are due to bacteria, sediment, phosphorus and 'mercury among other things. Brown then discussed how the City's stormwater is affected by lakes outside of Golden . Valley. Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission September 24,2007 Page 2 . Brown discussed the various watershed management organizations and stated that the Bassett Creek Water Management Commission is responsible for flood control, lake water quality, stream channel stabilization, wetland protection, erosion control, groundwater protection and water resources education. Brown explained that the Metropolitan Council issues are: reduction of stormwater volume, improving stormwater quality, maximize infiltration, thermal pollution, wetland management, nondegradation goals and water quality goals. He added that Golden Valley's issues for the new Plan are updating the city-wide hydrologic inter- community drainage, interagency cooperation, wetland inventory an eloping a stormwater ordinance, Bassett Creek stream bank erosion, red 10 1-394 Corridor Study, flood protection of homes/land acquisitio 100 Decola Ponds flooding, stormwater pond upgrades and sedi stormwater facility maintenance, stormwater system mainte ditch maintenance/disposition and public education. Kluchka asked Bro Comprehensive Pia proposed plan formally writte w plan. The first goal r q are: managing the of Bassett Creek and City current and future pollutant age City lakes toward an Minnesota Pollution Control . Brown discussed the goals and policies section 0 he discussed was water quality. The policies rei water resources to benefit the community, impr lakes, protect and enhance fish and wildlif load reductions required by the state or Bassett Creek Watershed Manageme Agency goals/criteria. The next goal Brown discuss goal are: improving the qu ponds and meet or exce r qua of storm runoff. The policies for this ter runoff, maintain efficiency of stormwater egulations. the things that have changed from the existing ed updated plan. Brown explained that most of the s things that the City is currently doing but hasn't been ussed was illicit discharge detection and elimination. The are to eliminate illicit discharge to storm sewers and receiving waters. f sump pumps contribute to illicit discharge. Chandler said no. Brown 0 the next goal which focuses on streams. The policies relevant to for this goal are to: maintain or enhance the natural beauty and wildlife habitat value of Bassett Creek, implement stream restoration measures, minimize the volume of storm runoff entering Bassett Creek, increase the groundwater base flow of Bassett Creek, reduce the frequency of bank full runoff events in Bassett Creek and maintain the efficiency of ponds. . Eck asked if geese affect bacteria levels. Lundstrom said yes and explained that there are many best management practices to address that issue. Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission September 24,2007 Page 3 . Kluchka asked what "bank full" means. Brown explained that "bank full" is when the creek is up to its bank edge which happens approximately every 2 to 4 years. Kluchka asked if there is a policy related to the "bank full" issue. Brown said the policy related to "bank full" is to reduce impervious surfaces. The next goal Brown discussed was flood control. The policies for this goal are to reduce flooding along Bassett Creek, protect the public from flooding and regulate stormwater runoff to minimize flood problems, damages and future costs. Brown discussed t that showed cost es implementatio scheduled in t ,s for nd nd rom ntion and would be tec very frequently it can protect property Brown explained that erosion and sediment control is the next goal a that goal are: preventing erosion and sedimentation, implementin i sedimentation controls and reducing erosion from single family e c landscaping sites. Kluchka asked about the specific policies flooding. Brown explained that protecting the public mostly purchasing homes in flood prone areas. Kluchka asked if the better than the word "protect". Clancy explained that t used because the City can't necessarily prevent owners to a certain degree. . Brown discussed the next goals of protec . improving the quality of Bassett Creek recreation opportunities in Golden Vall groundwater resources. etlands and natural areas, nce the aesthetics and e quantity and quality of The last goals Brown discuss contained in the plan and issues. Ing plement measures and policies public involvement in water resource related ion of the goals and policies and referred to two tables ial funding sources and proposed year(s) of many of the items listed in the tables are already itallmprovement Program (CIP). e items require new money. Brown stated that most of the "big n the tables were taken right from the CIP. Clancy added that Bassett ement Commission has approved some of the items and that some of re covered by the city utility funds and pavement management funds. Eck as the Bassett Creek Water Management Commission gets their money. Clancy exp Ined that there is an Ad Valorem tax that taxpayers in the Bassett Creek Water Management Watershed pay. . Brown discussed the items that will be addressed in the stormwater management ordinances including: design requirements, rate and volume controls, codifying the stormwater design requirements of the Bassett Creek Water Management Commission, Met Council and the City's NPDES permit and the City's own policies, outlining the process and roles of other agencies, addressing illicit discharges and new connections. Minutes of the Golden Valley Planning Commission/Environmental Commission/Open Space and Recreation Commission September 24, 2007 Page 4 . Brown discussed the buffer ordinance that will cover wetlands, lakes and streams. Kluchka asked for an explanation of a buffer zone. Brown stated that a buffer zone is a zone along a water body that is left to be natural. He explained that buffer zones have ecological benefits, filter run-off, promote infiltration and help to control geese. Brown discussed the next steps in the process including the Comprehensive Plan Open House in Spring 2008, submission to Watersheds in Spring of 2008, approval by Watersheds in Summer of 2008 and City Council adoption in December 2 08. Chand lee referred to the impaired water list and asked/!! any list at some point. Brown said yes and explained how I!a f impaired waters list. if they are considered one ody. Chandler explained that tion number but they operate McConico asked what would happen if a community could not afford set and couldn't get a permit. Lundstrom stated that there is an eo group that police these issues and there could be the potential aws that the State could also levy fines and cut aid. . Grimes referred to Twin Lake and Sweeney Lak water body. Clancy said they are not cons' Twin Lake and Sweeney Lank have th very differently. Kluchka asked about the cons i improve the water quality. Clanc resistance to the propose Ie who have waterfront property to roperty rights issues and there could be 2. . ~ . Regular Meeting of the Golden Valley Planning Commission December 17, 2007 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, December 17, 2007. Chair Keysser called the meeting to order at 7:30 pm. 1. Approval of Minutes November 26, 2007 Joint Planning/Environmental/Op Commission Meeting i to approve the ce and Recreation eysser abstained from voting Those present were Planning Commissioners Cera, Eck, Keysser, Kluch and Schmidgall. Also present was Council Member Bob Shaffer, Direc and Development Mark Grimes, Planning Intern Joe Hogeboom and Assistant Lisa Wittman. Commissioner Waldhauser was absent. MOVED by Eck, seconded by Cera and motion November 26, 2007 Joint Planning/Environmen Commission Meeting minutes as submitte because he was not present at the mee . . Eck referred to the last paragra the word "were". noted that the word "where" should be MOVED by Eck, seconde November 26, 200'A ula Commissioners Key present at the 'n midgaand motion carried unanimously to approve the ing Commission minutes with the above correction. rty abstained from voting because they were not 2. ing In-fill Housing Issues e Planning Commission's report on In-Fill Housing and He said he thinks that lessening the height requirement as suggested kea big difference. He suggested that the volume of a house and the volume be en houses is what will make a bigger difference. He gave the Commissioners drawings and showed them models that illustrated massing and the air space between different types of houses on different sized lots. . Shaffer said he is also recommending that the proposed language regarding side wall articulation be removed or be made applicable to all floors of a house and that the entire side yard setback needs to become larger as a house g.ets taller. McCarty asked if that means the entire structure would have to be set back further from the side yard property line. Shaffer said yes. Minutes of the Golden Valley Board of Planning Commission December 17, 2007 Page 2 . Shaffer stated that existing structures would be "grandfathered in" and new additions would have to meet any new setback requirements. He said that increasing the volume would mean more than reducing the height and the idea is to pull houses away from each other so he is proposing that if a house is over 15 feet in height, the side yard setback requirement should increase 6 inches per foot over 15 feet. Keysser asked if the City has seen examples of large homes being built on 75 foot wide Jots. Schmidgall asked how many "monster" houses have been built. Sh hought 5 or 6 "monster" houses have been built, but that there will be more. He s ving different requirements on 40-foot wide lots. Keysser said expensiv a that ot sugges on se being d in having s. He stated Keysser questioned the costs involved in having to "set back" when remodeling a house. He said he is not sure what is wr located next to a bigger house. Shaffer agreed that there will to set back a second story addition but he is trying to teet that when houses are out of scale is when the City re . Rich Baker, 224 Janalyn Circle, stated that the neighborhood. He said he knows it is difficult to questioned how that would be done. Sha volume of a house and explained that actually measuring the volume. Gri have impervious surface require'1l home. vis I impact on the volume of a house and difficult to measure the e volume of houses without i;iili'proposed new ordinance does ill also'help determine the size of a new McCarty stated that the P Report and the residents recommendations i their visualized in 3-D in .ssion spent a lot of time on the Infill Development meetings seemed happy with the haffer said he thinks the recommendations have to be understand the issues. d ut fewer people being able to build and it being more 'r homes and that is not fair to property owners. Shaffer stated adding language to their codes similar to what he is e working with it and have been alright with it. ks the biggest issue is houses that are torn down and rebuilt with e added that it is more efficient to "build up" and it is better for the d for water run-off. Cera agreed with Shaffer and stated that if a second story addition is required to be set- back further it would affect the scale of the house. Keysser said he agrees that Shaffer's proposed language would work for new construction but not for remodels or additions. Shaffer discussed the issue of grading and "building up" the grade in orderto make a house taller. Kluchka noted that the Planning Commission's. proposed . language stated . Minutes of the Golden Valley Board of Planning Commission December 17, 2007 Page 3 . that the grading on a lot can only be "built up" as high as necessary to get the proper drainage. Grimes stated that there are so many unique lots in Golden Valley that it is difficult to measure the grade. Shaffer suggested measuring the height of a new home from the existing grade or setting the new house based on the current grade of the lot because proportions of new houses start to match if they are built where they originally started. 3. , es at the time ial grade. de and it would Keysser stated that there are a number of lots that need fill brought in the drainage work properly. Shaffer agreed and stated that in those homeowner might have to request a variance. Cera suggested looking at the grade on a lot during the sub . stated that new plats now require subdivision agreements an a lot is subdivided. Kluchka said he likes the idea of m surin Grimes stated that the City would have to require a su have to be checked before and after constructio Shaffer reiterated that height isn't the issue, it's to give the Planning Commission ideas t that will work. e explained that he is trying e incorporated into the code . Eck referred to the language reg sentence. Grimes explained tha t 0 omes and questioned the last e "grandfathers in" existing homes. Keysser summarized the new language for the PI grade from the exist' g gra additional side yard ck articulation on con side yard prop i put in the es discussed. Grimes said he will draft some i ~;~n to discuss the following items: measuring t, structures higher than 15 feet will require 6 inches of for each additional foot over 15 feet, sidewall oofs, and second stories being setback further from dded that he will work on some drawings that can be ngs of the Housing and Redevelopment Authority, City rd of Zoning Appeals and other Meetings ort on the November 20,2007 City Council Meeting. 4. Other Business No other business was discussed. . 5. Adjournment The meeting was adjourned at 8:5~ pm. . . . Planning 763-593-8095 I 763-593-8109 (fax) Date: January 8, 2008 To: Planning Commission From: Joe Hogeboom, Planner Subject: Informal Public Hearing on Conditional Use Permit (CUP-121) to Allow for an Employee Daycare Facility at 9400 Golden Valley Road - Peter Thomley (Representative, RHT Office LLC.), Applicant Background Mr. Peter Thomley, representative for RHT Office LLC, has requested a Conditional Use Permit (CUP) in order to allow an employee daycare at 9400 Golden Valley Road. The property is located in the Business and Professional Offices Zoning District. Section 11.45, Subdivision 7(B)(7) allows conditional uses which, in the opinion of the Council, are compatible with uses specifically described in the Business and Professional Offices Zoning District. Staff has determined that an employee daycare is compatible with other functions of the District. RHT Office LLC is the owner of the property at 9400 Golden Valley Road. Meridian Services and Orion ISO, related social service agencies, currently occupy the building. The proposed daycare facility would be used for Meridian Services and Orion ISO employees' children only. Proposed Use In addition to being located in the Business and Professional Offices Zoning District, 9400 Golden Valley Road is guided for Office Use in the Comprehensive Plan. The building was constructed in 1976 and has housed business and office~related clients since its construction. In its Conditional Use Permit application, RHT LLC explains that the proposed daycare would be used by ten children. The proposed daycare would accommodate four infants and six toddlers. Proposed hours of operation would be from 7 am to 7 pm, with an average of two daycare staff members present during that time. The proposed daycare will occupy 1004 square feet of space inside the building. In addition, 1500 square feet of outdoor space (to be fenced-in) would be dedicated to the proposed daycare. The facility will include amenities standard for a childcare operation. Employee-only daycare facilities are qualified conditional uses within the Light Industrial Zoning District, which . is located directly north of the proposed site. 9400 Golden Valley Road is currently being remodeled. Upon completion of remodeling, the parking lot will be re-striped. The proposed daycare would not require the building to add additional spaces beyond what is necessary for current expansion plans. With limited daycare staff, there will be minimal impact on parking. Analysis of Ten Factors Per City Code, the Planning Commission must make findings on ten factors when reviewing a CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a legitimate need for a Conditional Use Permit. RHT Properties has demonstrated this by citing the number of employees with young children who work at 9400 Golden Valley Road. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as long-term office use. An employee-only daycare facility does not conflict with that use. 3. Effect on Property Values in the Area: Staff does not believe the approval of this permit will affect property values in the area in any way. . 4. Effect of Use on Traffic in the Area: Children of the proposed daycare will arrive with parents who would otherwise be on the site, therefore not impacting traffic. The minimal number of daycare staff will not negatively impact area traffic. 5. Effect of Increases in Density or Population on the Area: The proposed use will not increase the population of the area. Since this use is non-residential, only the daytime population of Golden Valley would be (very minimally) effected. 6. Increase in Noise Created by Use: Noise impacts created by this proposed facility should not extend beyond the site. 7. Any Dust, Odor or Vibration caused by Use: No such problems are expected to be caused by this proposal. 8. Any Increase in Animal Pests Caused by the Use: The nature of this facility does not contribute to the existence of pests in anyway. 9. Visual Appearance of the Use: The exterior of the building will not be affected by the proposed daycare. A 1500 square foot outdoor play facility will be completely fenced in. 10. Other Effects of the Use: Staff does not anticipate any negative effects of the proposed use. . . . . Recommended Action: Staff recommends approval of the Conditional Use Permit allowing RHT Office LLC to operate an employee-only daycare in the facility located at 9400 Golden Valley Road. The approval of a Conditional Use Permit is subject to the following conditions: 1. No outdoor signage may be used to advertise or otherwise promote the daycare. 2. Children attending the daycare must have a parent who is employed in the facility. 3. The number of children attending the daycare at any time must be no greater than ten. 4. The hours of normal operation shall be Monday through Friday from 7 am to 7 pm. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Health and the Minnesota Department of Human Services. 7. All requirements must be met for the installation of fire safety equipment. 8. All other applicable local, state and federal requirements shall be met at all times. Attachments: Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson, dated January 3,2008 (1 page) Applicant's Narrative (2 pages) Applicant's List of Proposed Site Specifications (2 pages) Pictures of 9400 Golden Valley Road (4 pages) Site Plans (4 oversized pa.ges) Subject Property (() #ss ,'to ~~o #'\.f<Jf:t <:Jf!> f11~.. ~'HVAY' 5S ~ , ;,r.,., O~ 1-~ "Q. ili'..." Map()~wiii~ JW;t.MS,., ~{C} ~OOiSQlS2Cf.15 . 28 900lI 8900 101'tl MIl: M o o o o 830' o o o o o 900 935 SOlI ~ 'g I~ ,C:; 1;0 ,,. I~ Iz 150 850 710 ~ 8J!i ~ 8 o o o o o o 000000000000000 oooooooc o <> 0 o 0 130 640 o ,I;) 0 ~ 1<I!0000 0 00 00008 lfHffi ~ lffiffi - 9i.l.0 8900 MOO 9OllO ..--- 81115 440- 432 42"- . __ 90018933 891789138900 400 325 I 89~5 I I I I 890\ HAROLD AVE_ u 514ft . . . morandum Fire Department 763-593-8055 I 763-512-2497 (fax) To: Mark Grimes, Director of Planning & Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit RHT Office LLC- Daycare, 9400 Golden Valley Road Date: 01/03/08 The Golden Valley Fire Department staff has reviewed the conditional use permit application for the proposed daycare services located at 9400 Golden Valley Road. The following comments and concerns are identified: 1. The proposed daycare operation shall meet the requirements for installation of all fire safety equipment including, but not limited to, fire alarm system, fire suppression system and placement of fire extinguishers throughout the center, and other requirements set forth in the 2006 Minnesota State Fire Code. 2. The proposed daycare staff shall meet the requirements for emergency planning and preparedness as set forth in the 2006 Minnesota State Fire Code. If you have any questions, please contact me at 763-593-8065. . . . 1...*1 gmQ~ Orion Associates Central Office: 44 North 28th Avenue, Suite D, Saint Ooud, Minnesota 56303 Phone: (320) 255-5151 FAX: (320) 202-9471 Metropolitan Office: 9400 Golden Valley Road, Golden Valley, Minnesota 55427 Phone: (763)-450-5000 FAX: (763)-450- 5000 ' December 5, 2007 City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear City Planners: Orion Associates, Meridian Services and Orion ISO are related social services agencies that provide a great variety of services to people with disabilities Our agencies employ over 1500 people most of whom provide direct services to the hundreds of families and individuals that receive social services. RHT LLC owns the property that houses the administrative and management employees for the related entities. We currently employ approximately 60 people that use the office space at 9400 Golden Valley Road. Many of our staff are young women who want to continue working but need child care in order to both perform their very demanding social service work and care for their children. Over the past two years, approximately 15 of our administrative and management staff have had children. This is a large number of people, twenty percent, in a field where it is a challenge to hire and retain qualified employees. Our solution to this problem is to offer on site day care services. We believe that beyond the practical aspects of offering this flexibility to our staff and the opportunity to be close to their children, it also affords us a healthier workplace. Our plan is to provide on site day care services to 10 of our employees. The services will be available to employees only. We are familiar with regulatory compliance since we are a licensed provider of many other types of services to children and adults including child foster care and services licensed by both the Department of Health and the Department of Human Services. Our daycare is designed to meet all applicable regulations. . . . I have enclosed further specific information about our proposed daycare operation. Please contact me if you have any questions regarding our application. Since ~.,.~.e.. "..IY, '. I"~ I I, / \ ~ - Dr. Rebecca Thomley Chief Executive Officer RHT LLC 763-450-5045 Proposed Day Care Specifications: .re Inspection: Child care center must be in compliance with MN Uniform Fire Code and a fire marshal must inspect at least 12 months prior to licensure. General rules about square footage: Indoor: 35 square feet per child (not including crib space, closet, bathroom, office space...) Outdoor: Minimum of 1,500 square feet ~ fenced Bathrooms: one toddler sized training toilet, one adult sized toilet. Sinks: one toddler sized double sink (in main area ~ for bathroom use and daily use) with appropriate height single serve towel dispenser. Kitchen: We meet the requirements ofa variance ofa commercial grade kitchen, however, we need a food prep sink in the kitchen and a commercial level dishwasher that will sanitize dishes. Refrigerator: We will need a small commercial grade refrigerator in the infant area for milk/formula storage. Diaper Changing Area: We need a diaper changing table with wrist activated sink. Space for sick child: We need to have an area to separate a child that becomes sick. This can be handled with the cubical walls. ersonal Storage Space: We must provide appropriate height level personal storage space (with coat hook) for each child. . Meridian Services, Inc. Proposed Day Care Center .e Meridian Services, Inc. Day care is 1004 indoor square feet in size. The center will include an area for 4 infants and 6 toddlers. There is a minimum of35 square feet indoors per.child and a minimum fenced outdoor area of 1500 square feet. The center will also include the following: . One toddler sized toilet . One adult sized toilet . Diaper changing area with separate sink . One double toddler sized sink . Refrigerator for formula / breast milk storage . Separate space for child that may become ill . Personal storage space for each child . Food preparation sink . Commercial dishwasher The hours of operation will be 7 am to 7pm eminimum of two staffwill be on duty. Infant Room 1:4,..., Toddler Room 1:6. . ~. - .\.... <-~;,:- .~ .rj'/~ ->-: ,~~~;? ~. \' -t. ~ . . . I I l. _ - - . Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: January 11, 2008 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Additional Changes to Zoning Code Related to Infill Development . At the December 17,2007 Planning Commission meeting, the Commission met with City Councilmember Bob Shaffer to discuss his concerns related to the proposed changes to the zoning code related to infill development. As indicated in the minutes of the meeting, there were several areas where changes were suggested to the proposed changes recommended earlier by the Planning Commission. At the end of the meeting, I told the Commission that I would consider the points brought up at the meeting and bring back some alternatives for the Planning Commission to consider. These proposed changes relate to the determination of grade, increasing the setback distance with the increase in building height and additional definitions to help make the code easier to understand. The following are changes to the infill suggestions after the December 17 meeting: . 1. The setback requirement for houses and structures would be increased after the height goes over 15 ft. For all lots over 65 ft. in width, the side setback would increase % ft. for every foot of height over 15 ft. up to the maximum allowed height. For lots less than 40 ft. wide, the side setback would increase % ft. for every two feet of height over 15 ft. up to the maximum allowed height. This change would be require that all new houses and additions to new houses be "stepped back" as the height increases. This was the major concern addressed by Councilmember Shaffer. 2. The method for determining building height is clarified. The 'height is measured from the grade established at the time of subdivision approval. If a house existed on a lot and was torn down to make way for a new house, the grade of the house that was torn down would be the established grade with up to a one foot increase permitted. 3. In order to prevent homes from becoming nonconforming that were legally built prior to the adoption of the new side setback and height requirement, staff is suggesting that houses built prior to Jan. 1, 2008 are considered compliant. However, any new construction would have to meet the requirements of the current zoning code. This allows a house that was legally built at 30 ft. height to be added on to if the addition meets the requirements of the zoning code. If this section was not added, houses that were above the new height requirement could only be expanded if a variance was granted. . . . 4. A definition of average grade of lot is included that states that the grade is determined at the building line facing a street. Staff will determine policy for determining the average. If the lot is a corner lot, the average grade would be for all sides facing a street. Attachments Memo from Mark Grimes dated December 12, 2007 (2 pages) Planning Commission minutes dated December 17,2007 (3 pages) Underline/Overstrike version of the code pages reflecting past and current proposed changes (7 pages) . . . Hey Planning 763-593-8095 I 763-593-8109 (fax) Date: December 12, 2007 To: Golden Valley Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Reconsideration of R-1 Zoning Code Changes Related to Infill Development At the August 13, 2007 Planning Commission meeting, the Commission held an informal public hearing to consider various changes to the Single Family (R-1) Chapter and one change to the definition chapter of the Zoning Code. After the hearing, the Commission voted 6-1 to recommend approval of the changes to the City Council. This recommendation was originally scheduled to go to the City Council at a public hearing on September 4,2007. At the September 4,2007 meeting, the Council voted to continue the public hearing in order to allow the Council to go over the recommendation from the Planning Commission at a Council/ Manager study meeting. Due to some staff absence and other delays, the infill recommendations did not get to a City Council/City Manager meeting until November 13, 2007. At the November 13 meeting, Council Member Shaffer outlined his concerns about the changes proposed by the Planning Commission related to height and volume of houses. He provided drawings and models to demonstrate his concern. The direction from the Council was for Council Member Shaffer to meet with the Planning Commission to consider altering the Planning Commission's recommendation related to height and setback. Also, the Council asked the staff to better define the method for determining the grade of a lot. Council Member Shaffer believes that new height suggested by the Planning Commission of 28 ft. for a pitched roof house and 25 ft. for a flat roof house is fine. However, he is concerned about from what point the measurement is taken. He is suggesting that Golden Valley consider that the grade of a lot be maintained at the grade when the subdivision was approved or the same grade as the house was when it was demolished to make way for a new home. With this requirement, new houses or additions could be built to the full height allowed by code but the height would start from a historical point. Council Member Shaffer would also like to consider a change that would increase the side setback when a house if over a certain height. For instance, the code could state that a home that is 17 ft. high may be placed right on the side setback line. For each foot of height over 17 ft. to the maximum allowed height, the setback would have to be increased by % ft. for each foot of height over 17 ft. As an example, for a house on an 80 ft. wide lot, if the maximum height house of 28 ft. was to be constructed, the side setback would be 12.5 ft. plus 5.5 ft. (1/2 ft. for each foot of height over 17 ft.) for a total side setback of 18 ft. There may have to be some adjustment made for lots less than 65-75 ft. side. . . . Council Member Shaffer also believes that it is important to require that walls over a certain length are articulated. He may have a suggestion on the one proposed by the Planning Commission. The proposal suggested by the Planning Commission states that for walls over 32 ft. in length, there must be a shift of at least 2 ft. in depth, for at least 8 ft in length for every 32 ft. of wall. After meeting with Council Member Shaffer, the Planning Commission may want to amend the infill changes approved back in August 2007. Staff would suggest that a new informal public hearing be held to get public input. Attachments Minutes from the November 13, 2007 Council/Manager meeting (1 page) Underline/Overstrike version of the Code pages reflecting original Planning Commission recommendations (5 pages) Minutes from the August 13, 2007 Planning Commission meeting (4 pages) Golden Valley Survey Requirements (1 page) . Regular Meeting of the Golden Valley Planning Commission December 17, 2007 1. rs Cera, Eck, Keysser, Kluch ember Bob Shaffer, Direc tern Joe Hogeboom a, hauser was abse A regular meeting of the Planning Commis 'on was held at the Golden Valley City Hall, uncil Chambers, 7800 Golden Valley R d, Golden Valley, Minne~ota, on Monda De ber 17, 2007. Chair Keysser called e meeting to order at 7:30 pm. Those pre t were Planning Commissio and Schmidg . Also present was Co unci and Developme , rk Grimes, Planning Assistant Lisa Wittm ommissioner W . Eck referred to the the word "were" ing In-fill Housing Issues e Planning Commission's report on In-Fill Housing and He said he thinks that lessening the height requirement as suggested ke a big difference. He suggested that the volume of a house and the volume be en houses is what will make a bigger difference. He gave the Commissioners drawings and showed them models that illustrated massing and the air space between different types of houses on different sized lots. . Shaffer said he is also recommending that the proposed language regarding side wall articulation be removed or be made applicable to all floors of a house and that the entire side yard setback needs to become larger as a house gets taller. McCarty asked if that means the entire structure would have to be set back further from the side yard property line. Shaffer said yes. . . . Minutes of the Golden Valley Board of Planning Commission December 17, 2007 Page 2 Shaffer stated that existing structures would be "grandfathered in" and new additions would have to meet any new setback requirements. He said that increasing the volume would mean more than reducing the height and the idea is to pull houses away from each other so he is proposing that if a house is over 15 feet in height, the side yard setback requirement should increase 6 inches per foot over 15 feet. Keysser asked if the City has seen examples of large homes being built on 75 foot wide lots. Schmidgall asked how many "monster" houses have been built. Sh hought 5 or 6 "monster" houses have been built, but that there will be more. He s ving different requirements on 40-foot wide lots. Keysser questioned the costs involved in having to "set back" when remodeling a house. He said he is not sure what is wrr:, ith located next to a bigger house. Shaffer agreed that there willt:.>e c to set back a second story addition but he is trying to teet h that when houses are out of scale is when the City re lain ; on se being d in having s. He stated Rich Baker, 224 Janalyn Circle, stated that the neighborhood. He said he knows it is difficult to questioned how that would be done. Sha volume of a house and explained that actually measuring the volume. Gri have impervious surface require home. vis I impact on the volume of a house and difficult to measure the e volume of houses without roposed new ordinance does elp determine the size of a new McCarty stated that the P Report and the residents recommendations i their visualized in 3-D in . sion spent a lot of time on the Infill Development d ;~fi meetings seemed happy with the haffersaid he thinks the recommendations have to be understand the issues. ut fewer people being able to build and it being more 'r homes and that is not fair to property owners. Shaffer stated adding language to their codes similar to what he is e working with it and have been alright with it. ks the biggest issue is houses that are torn down and rebuilt with e added that it is more efficient to "build up" and it is better for the d for water run-off. Cera agreed with Shaffer and stated that if a second story addition is required to be set,.. back further it would affect the scale of the house. Keysser said he agrees that Shaffer's proposed language would work for new construction but not for remodels or additions. Shaffer discussed the issue of grading and "building up" the grade in order to make a house taller. Kluchka noted that the Planning Commission's proposed language stated Minutes of the Golden Valley Board of Planning Commission December 17, 2007 Page 3 . that the grading on a lot can only be "built up" as high as necessary to get the proper drainage. Grimes stated thaUhere are so many unique lots in Golden Valley that it is difficult to measure the grade. Shaffer suggested measuring the height of a new home from the existing grade or setting the new house based on the current grade of the lot because proportions of new houses start to match if they are built where they originally started. Keysser stated that there are a number of lots that need fill brought in the drainage work properly. Shaffer agreed and stated that in those t homeowner might have to request a variance. 3. mes at the time ial grade. de and it would Cera suggested looking at the grade on a lot during the sub stated that new plats now require subdivision agreements an a lot is subdivided. Kluchka said he likes the idea of m suri Grimes stated that the City would have to require a s have to be checked before and after constructio Shaffer reiterated that height isn't the issue, it's volum to give the Planning Commission ideas thfthe;!hih~~ coul that will work. . e explained that he is trying e incorporated into the code . Eck referred to the language reg sentence. Grimes explained tha o omes and questioned the last "grandfathers in" existing homes. Keysser summarized the new language for the PI grade from the exist" g gr additional side yard articulation on side yard prop put in the e es discussed. Grimes said he will draft some into discuss the following items: measuring t, structures higher than 15 feet will require 6 inches of r each additional foot over 15 feet, sidewall oofs, and second stories being setback further from dded that he will work on some drawings that can be gs of the Housing and Redevelopment Authority, City rd of Zoning Appeals and other Meetings ort on the November 20,2007 City Council Meeting. 4. Other Business No other business was discussed. . 5. Adjournment The meeting was adjourned at 8:55 pm. -thiS '4e.f5;l)(\ WW -fD~ Pll).nni~ LoW\~. 1-/4,o~ . Previous proposals/revisions are underlined and overstriked in black ~ew proposai~l[eyisions are ~n~,irlfned and/or 9ierstr!kesf ~!1d iii~l.hIJg!1t~d in yellQv! 9 11.03 activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; or (2) having a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and (3) requiring support to maintain independence in the community. Source: Ordinance No. 264, 2nd Series Effective Date: 12-13-01 3. "Affected Persons" - Any or all persons who own property located within 500 feet of the subject premises under zoning review. 4. "Alley" - A public or private way affording only secondary means of access to abutting property. 5. "Apartment" - A room or suite of rooms in a multi-family or multi-use building arranged and intended as a place of residence for a single family or a group of individuals living together as a single housekeeping unit. . 6. "Apartment Building" - Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. 7. "Automobile Sales" - An open or enclosed area (building or structure), other than a street, used for the display, sale, or rental, of new and used motor vehicles in operable condition. 8. "Automobile Wrecking" - The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. 8.5 "Averaqe Grade of a Lot" - The a.veraqe qround elevatio-n of a house or structure taken at three points alonq a buildinq line facinq a street. If the house or structure faces more than one street. the averaqe qrade shall be for all sides facinq the street. 9. "Basement" - That portion of a building with at least three walls having at least one-half (1/2) or more of their floor-to ceiling height underground. . 10. "Buildable Area" - That area of a lot which is exclusive of all yards and within which the principal building must be constructed. Source: Ordinance No. 585 Effective Date: 1-14-83 GOLDEN VALLEY CC 245 (6-30-04 ) . . . S 11.03 12. "Building, Hoight of" Tho vortic:::ll distanco :::Ibovo "gr:::ldo" :::IS dofined horoin to tho highost point of tho coping of :::I fbt roof, or to tho dock Iino of :::I m:::lns:::lrd roof or to tho :::I'Ior:::lgo hoight of tho highost g:::lblo of a pitchod roof or hippod roof. Tho mO:::lsuromont m:::lY bo t:::lkon from tho highost adjoining sidow:::Ilk or ground surfaco within 3 fivo (5) foot horizont31 dist:::lnco of tho oxtorior w:::I1I of tho building, 'Nhon such sidO'.valk or ground SUrf3CO is not moro th:::ln ton (10) foot 3bovo grodo. ;12. "I~ui~q-Horqlii D01O"r'min3tion" Tho vortic~:il dl'St3nc-o-from tho 5vor3~qr:::ldo pl:::lno 3t tho buildinq-f::idii'Q tho streot to tho 3vor:::lqo heiqht of tho hiqhost pitchod roof or tho hiqhost point of :::I fbt roof structure. On lots th:::lt h:::lvo moro th:::ln one side bcinq tho streot, tho dist:::lnco for hoiqht is from tho :::IVor3qO qr:::ldo pbno of :::III sidos th3t bco the streot. ~ 2. 93U1idinq Heiqht Determination" i"heve-riical distance- or heiQ'hCof a Structure shall be measured from the qrade at the front buildinq line (street side) to the! averaqe heiqht of the hiqhest pitched roof or the hiqhest point of a flat roof structure. The qrade of a lot is established at the time of subdivision approval by the City. If the qrade was not established at the time of subdivision approval the City. the Director of Public Works shall establish the qrade prior to construction of the structure. In the case where a house or structure has been removed from a lot for the construction of new house or 'structure. the qrade for the new house or structure shall be no more than one foot hiqhel' , I than the averaqe qrade that existed for the house or structure that was removed. In the Case of a corner lot, the averaqe qrade is taken from all sides of the house or structura facinq a street. 13. "Business" - Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. 14. "Car Wash" - A building and/or premises used principally for washing and cleaning automobiles, using either manual or automatic production line methods. 15. "Cemetery" - Land used or intended to be used for the burial of human dead and dedicated as a "cemetery" for such purposes. Source: Ordinance No. 585 Effective Date: 1-14-83 16. "Child Care Facilities" - A service provided to the public in which children of school or pre-school age are cared for during established business hours. Source: Ordinance No. 712 Effective Date: 6-23-88 GOLDEN VALLEY CC (6-30-04 ) 246 . . . 9 11.21 C. Home day care facilities licensed by the State of Minnesota serving 12 or fewer persons. Subdivision 5. Conditional Uses. A. Residential facilities serving from seven to 25 persons. B. Group foster family homes. Subdivision 6. Buildable Lots. No dwelling or accessory structure shall be erected for use or occupancy as a residential dwelling on any tract of unplatted land which does not conform with the requirements of this Section, except on those lots located within an approved plat. In the R-1 zoning district a platted lot of a minimum area of 10,000 square feet and a minimum width of 80 feet shall be required for one single family dwelling. Subdivision 7. Corner Visibility. All structures in the R-1 Zoning District shall meet the requirements of the corner visibility requirements in Chapter 7 of the City Code. Subdivision 8. Easements. No structures in the R-1 Zoning District shall be located in dedicated public easements. Subdivision 9. Building Lot Coverage. No lot or parcel in the R-1 Zoning District shall have a lot coverage of more than 30 percent for a lot or parcel over 10,000 square feet in area, 35% for a lot or parcel between 5,000 square feet and 9,999 square feet in area and 40% for a lot or parcel less than 5,000 square feet in area. This requirement excludes swimming pools. Total impervious surface on any lot or parcel shall not exceed 50% of the lot or parcel area. Subdivision 10. Principal Structures. Subject to the modifications in Subdivision 12, below, principal structures in the R-1 Zoning District shall be governed by the following requirements: A. Setback Requirements. The following structure setbacks shall be required for principal structures in the R-1 zoning district. Garages or other accessory structures which are attached to the house or main structure shall also be governed by these setback requirements, except for stair landings up to 25 square feet in size and for handicapped ramps. 1. Front Setback. The required minimum front setback shall be 35 feet from any front property line along a street right-of-way line. Open frontporches, with no screens, may be built to within 30 feet of a front property line along a street right- of-way line. GOLDEN VALLEY CC 264 (6-30-04) . . . S 11.21 (a.) In the case of a corner lot, the side with the narrower street frontage shall be considered the front of the lot. 2. Rear Setback. The required rear setback shall be 20 percent of the lot depth. 3. Side Setback. Side yard setbacks are determined by the lot width at the minimum required front setback line. The distance between any part of a structure and the side lot lines shall be governed by the following requirements: _ _n _ _ _ _ }3.)Tn tho C3S0 of lots h3vi"ii"Q"3 'liidth of 100 foot or gro9.tor, ,tho side sotb3ck sh311 be 15 foot; (a.) In the case of lots havinq a width of 100 feet Oli qreater. the side setbacks for structures 15 feet or less in heiqht shall be 15 feet. The side 'setbacks for any structure qreater than 15 feet in heiqht shall be 15 feet plus one-half foot for each additional one foot (or portion thereof) of structure heiqht over 15 feetr .(1).) In tho C3S0 of lots-h3\/ing3 \\7jdth gro:itor fh3n-65 foot r --- ..- - 3nd loss th3n 100 foot, tho side Y3rd sotb3ck sh311 bo 12.5 foot; (b.) In the case of lots havinq a width qreater than 65 feet and less than 100 feet. the side setbacks for structures h 5 feet or less in heiqht shall be 12.5 feet. The side setbacks for any structure qreater. than 15 feet in heiqht shall be 12.5 feet plus one-half foot for each additional one foot (or portion thereof) of structure heiqht over 15 feet. {cl"in tho C3S0 of lots h3ving 3 width of 55-foetor-loss, tho North or\^lost side Y3rd sotb::lck sh311 bo 10 porcont of tho lot width, 3nd tho South or E3~t bdo Y3rd sotb3ck sh311 bo 20 percont of tho lot width (up to 12.5 foot). (c.) In the case of lots havinq a width of 65 feet or less, the side setbacks for structures 15 feet or less in heiqht alonq the north or west side shall be 10% of the lot width and alonq the south or ~ast side shall be 20% of the lot width (up to 12.5 feet). The side setback for any structure Qreater than 15 feet in heiqht alonq the north or west side shall be 10% of the lot width and alonq the south or east side 20% of the lot width plus one-half foot for each additional two feet (or portion thereof) of heiqht over 15 feet. (d.) If 3 princip31 structuro is gr03tor than 40 foot in dopth 310ng 3 side Y3rd adj::lcont to 3nothor property th3t side Y3rd sotb3ck ch311 incr03se by one foot for e3ch 3ddition31 ton feot of structuro dopth or portion thereof. (d.) For any new construction. whether a new house. addition or replacement throuqh a tear-down. any wall lonqer than 32 feet in lenqth must be articulated. with a shift of a least 2 feet in depth. for at least 8 feet in lenqth. for every 32 feet of wall. 4. Corner Lot Setbacks. To determine the rear yard setback, use the longer lot line. To determine the side yard setback, use the shortest lot line. B. Hoight Limit3tions. No principal structuro shall bo orectod in tho R 1 Zoning District to oxcood D hoight of t'.\'o and 3 h31f stories or 30 foet as dofinod in tho City's building codo, \Nhichevor is less. No princlp31 structure sh311 bo croctod in thO R 1 ZoninqDistrict to e.xce-ed -; hOiqht or28 foot for pitched roof housos and 25 feet for flat 'roof houses oxcopt for those structures constructed prior to October 1. 2007. In the case bf structures construed prior to October 1. 2007. the buildinq hoiqht shall be 30 f{)ot. The GOLDEN VALLEY CC 265 (6-30-04 ) . . . S 11.21 buildinQ"FiOiqht is doflned-3s foITo'J'.'s: The vcrtic31 dist3-nce :ibove- qr3'de to the hiqhest roof structure of 3 fl3t roof or to the deck line of 3 m3nS3rd roof or to the 3'1er3qe heiqht of the hiqhest q3ble of 3 pitched or hipped roof. The me3surement of qr3de sh311 be t3ken from the hiqhest 3dioininq side'N3lk or qround surbce '.vith 3 5 f{)ot horizont31 dist3nce of tho exterior w311 of the buildinq 'Nhere such sidew31k or qround surbcc is not more th3n 10 ~eet 3bo'Je qr3de. (Refer to Section 11.03, Definition 12 "Buildinq Heiqht Detormin3tion" for det3ils on me3suremcnt.) :8. HeTqht Limitafions. No principal structure shaIT 1;e -erectecnn the R- ~1 Zoninq District to exceed a heiqht of 28 feet for pitched roof houses and 25 feet for flat iroof houses! GOLDEN VALLEY CC 265-1 (6-30-04 ) . 9 11.21 E. Each property ic limited to a total of 1,000 square feet of the following accescory structurec: detached and attached garages, detached sheds, greenhouces, and gazebos. Swimming pools arc not included in this requirement. E. Each property is limited to a total of 1,000 square feet of the followinq accessory structures: detached and attached qaraqes, detached sheds, qreenhouses and qazebos. Swimminq pools are not included in this requirement. No one detached accessory structure may be larqer than 800 square feet in area and any accessory structure over 120 square feet in area requires a buildinq permit. F. Size of Accessory Structures. No accessory structure shall be larger in size than the principal structure. (See Subdivision 4.A(1)). G. Swimming pools. Swimming pools shall meet the same setback and location requirements for accessory structures. Setbacks shall be measured from the property line to the pool's edge. Decks surrounding above ground pools shall meet setback requirements. H. Decks. Free standing decks or decks attached to accessory buildings shall meet the same setback requirements for accessory buildings. (See Subdivision 14.) I. Central Air Conditioning Units. Central air conditioning units shall not be allowed in the front yard of a single family home. . J. Decign. 1\11 accessory ctructurec conctructed after the conctruction of the principal ctructure must be decigned and constructed in a manner consistent with the design and general appearance of the principal ctructure. J. Roof. Gambrel and Mansard roofs are not permitted on any accessory buildinq with a footprint of more than 120 square feet. Subdivision 12. Pre-1982 Structures. For all existing structures constructed in the R-1 zoning district prior to January 1, 1982, the following structure setbacks shall be in effect. A. Front Yard. The structure setback for principal structures shall be no closer than 25 feet to the front yard property line. B. Side Yard. The structure setback for principal structures shall be no closer than three feet to the side yard property line. C. Rear Yard. The structure setback for principal structures shall be no closer than ten feet to the rear yard property line. Subdivision 13. Height and Side Setback of Pre-2008 Structures'-For all 'existinq structures constructed in the R-1 Zoninq District prior to January 1, 2008, if the side setback and heiqht were compliant with the Zoninq Code at the time a buildinq permit was issued, the location and heiqht are considered conforminq to current Zoninq Code. However, new construction and additions to such properties must comply with current requirements of the Zoninq Code. . GOLDEN VALLEY CC 267 (6-30-04 ) . . . S 11.21 Subdivision 17. Driveway Requirements. Driveways in the R-1 Zoning District are governed by the following provisions: A. Materials. Driveways built or reconstructed on or after January 1, 2005 shall be constructed of concrete, bituminous pavement, or pavers. B. Setbacks. Driveways built on or after January 1, 2005 shall be setback three (3) feet from a side yard property line, except for shared driveways used by multiple property owners pursuant to a private easement. C. Coverage. No more than f.ifty forty percent (W% 40%) of the front yard may be covered with concrete, bituminous pavement, stone or pavers. GOLDEN VALLEY CC (12-31-04) 269