Loading...
10-14-02 PC Agenda AGENDA GOLDEN VALLEY PLANNING COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, October 14,2002 7:00 P.M. I. Approval of Minutes - September 23, 2002 Planning Commission Meeting II. Informal Public Hearing - Conditional Use Permit (CU-98) Applicants: Excel One, Inc. (d.b.a. Auction Network) Address: Purpose: 2510 A Hillsboro Avenue North, Golden Valley, MN The Conditional Use Permit would allow for a broker for wholesale and retail automobile sales on property in the Commercial zoning district. III. Informal Public Hearing - Zoning Code Text Amendment Applicant: City of Golden Valley Purpose: The City would like to revise three Sections of the Zoning Code to allow for time extensions for P.U.D.'s, CUP's and Variances. -- Short Recess -- IV. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings V. Other Business VI. Adjournment e e . Regular Meeting of the Golden Valley Planning Commission September 23, 2002 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 September 23, 2002. Chair Pentel called the meeting to order at 7:00 PM. Those present were Chair Pentel, Commissioners Eck, Groger, and Shaffer. Also present were Director of Planning and Dev City Planner, Dan Olson. Absent were Commissioner McA Secretary Lisa Wittman. asmussen rk Grimes, ording Pentel introduced the new Planning Commissioner, Don I. Approval of Minutes - August 26, 200 mission Meeting Pentel referred to page two, paragraph two a read, "Pentel questioned (not stated) if t residential areas." hat the first sentence should ething the City would want in MOVED by Groger, seconded by August 26, 2002 minutes with t tion carried unanimously to approve the ction. II. Informal Public H Applicant: Address: r Subdivision (SU19-04) 6 Medley Hills located at 8945 23rd Avenue North; and Lot k 6 Medley Hills located at 2200 Ensign Avenue North both in Valley, MN he applicants are requesting a subdivision of the two parcels of and in order to redraw the property line between these parcels. the Planning Commission that the applicant wasn't able to attend this meeting, bu at he felt it was okay to continue with the public hearing because it is a fairly straightforward proposal. He gave some background information about the property and explained that the applicant would like to redraw a property line, which would allow them to build an addition to the home. Grimes referred to the site plan sketch and noted that there is a shed on the property that should be removed as a condition of approval and that the applicants have stated that they would move it. Minutes of the Golden Valley Planning Commission September 23, 2002 Page 2 e Pentel questioned why there was no survey included with this proposal and asked why this proposal is being considered a minor subdivision and not a replatting. Grimes stated that the applicants would have to replat the property, but that the City allows minor subdivisions to go forward with a site plan sketch. He added that the next step of the approval process requires the applicant to provide a survey. Rasmussen asked how the front of a lot is determined. Grimes stated that the narrowest side of a lot is considered to be the front and that gene . to the advantage of the homeowner. 1. The City Attorney will determine if title revi final plat and dedication of ease me nimously to allow the d in order to redraw the itions: Pentel opened the public hearing. Seeing and hearing no hearing. MOVED by Eck, seconded by Rasmussen and mo .on applicant's request for a subdivision of the two par property line between the two parcels with the ssary prior to approval of the 2. The sketch titled "Existing and P 2200 Ensign Ave. N." shall b roperty Lines - 8945 23rd Ave. N. and of this approval. e 3. The shed located on Lot of the final plat. oved to a conforming location prior to approval III. - Zoning Code Text Amendments Applicant: Olson he Commission that at their August 12, 2002 meeting he had shown them a dr of the new Sign Code for their comments. He explained that during the process of updating the Sign Code with the Commission's comments staff realized that there were references to signage throughout the Zoning Code that now need to be deleted. Therefore, staff is proposing that any language regarding signs be removed so all language about signage would be in one location in the Code. e Pentel asked when the sign ordinance is going before the City Council and stated that she is concerned about the City not having a sign code for even a few days. Olson explained that the adoption of the new Sign Code and the request for removing the current sign regulations in the Zoning Code would go to the Council at the same time so there wouldn't be any time between the old sign regulations and the new Sign Code. e e e Minutes of the Golden Valley Planning Commission September 23, 2002 Page 3 Pentel asked if all the recommendations from the Planning Commission were somehow handled in the new Sign Code. Olson stated they have been incorporated and . discussed a number of the changes the Planning Commission had recommended. Grimes added that the reason the Sign Code is not part of the Zoning Code is because signs could then be susceptible to variances. Pentel opened the public hearing. Hearing and seeing no one, Pentel closed the public hearing. IV. elete the MOVED by Shaffer, seconded by Eck and motion carried un. current sign requirements from the Zoning Code. -- Short Recess -- Reports on Meetings of the Housing and Council, Board of Zoning Appeals a pment Authority, City gs Pentel stated she attended the September 3, that the proposal from TCF Bank was d continued to the October 15, 2002 C Council meeting. She reported proposal from Central Bank was v. Other Business A. changes to the Zoning Code. The Planning Commission Code and discussed rred to Olson's list of possible changes to the Zoning items in varying order. Miscellaneous: 1) ents for daytime activity centers, day care, and childcare. t staffwould like to write a better a better definition. 2) Ad It use section to the Zoning Code. Pentel suggested allowing adult uses 0 he Industrial section of the Code. She also suggested rezoning some of the properties that are currently zoned Industrial before this type of use is allowed. Section 11.21 Residential zoning district: 1) Looking at the definition of structure and building. Shaffer discussed clarifying the city's deck height regulations. He stated the Board of Zoning Appeals only considers a deck to be a structure if it is higher than six inches. He recommended the City also set standards regarding stoops and suggested looking at the standards for fences, walls and structures. Minutes of the Golden Valley Planning Commission September 23, 2002 Page 4 e 2) Clarifying side yard and front yard areas on corner lots. Shaffer suggested clarifying side yard setbacks and how they are calculated. He also suggested defining how the front yard area is determined. 3) Looking at the allowed size of garages. Grimes suggested studying the current requirements and deciding if garage size should be a percentage of the lot or kept at 1,000 square feet. Olson added that the 1,000 square feet includes sheds, gazebos, garages, etc. e 5) Setback requirements for dr allows for driveways to only for new driveway surface. Groger state driveways for sno wording for drivew Idings. Olson essory building t there is no r of illegal hese proposed regulations. Grimes stated ec e they wouldn't be g where it is built on the lot. building and find out they need o cost for the permit from e permit at all. Grimes suggested out accessory buildings. 4) Deciding if a permit from Planning should be required for stated that the Inspections Department explains to apR . requirements and the setbacks they are supposed t enforcement of the regulations and therefore, there accessory buildings in the City. Pentel asked if he f permits would help offset the time for staff to en that staff probably wouldn't charge for the inspecting the structure, they would just b Shaffer stated that most people put up an a permit later. He added that he fel Planning, people probably wouldn' doing some education in the Ci rimes stated that the current Zoning Code e property line. Shaffer suggested setbacks d she likes the idea of requiring a paved s the idea of having setback requirements for rimes stated that staff would come up with some s for new construction and driveway re-configurations. 6) Side yard set econd stall garages. Olson stated that most variance requests tall garages are granted and suggested that the side yard setbac nts be updated. Groger stated that there should be standards to pre erve rity of the neighborhoods. Shaffer stated that some of the side yar 'a requests granted in the past were because of existing conditions. He state nerally the BZA is improving an existing condition and that making changes to the Code regarding setbacks for second stall garages would lessen the number of variances. Grimes stated that staff would do some more research. Pentel suggested having a consent agenda at Board of Zoning Appeals meetings for variance requests dealing with existing conditions. She stated that she thinks reducing the setback requirements for second stall garages is a good idea. e 7) Home occupations. Grimes stated that he would like to update the current home occupation regulations and make them more realistic because the City is getting more and more requests for home occupations. Shaffer suggested allowing home occupations to have one employee. Minutes of the Golden Valley Planning Commission September 23, 2002 Page 5 . 8) Adding requirements on temporary outdoor storage. Grimes stated that staff is trying to come up with some regulations in regards to PODS (portable on demand storage), dumpsters, etc. He stated that he has talked to a local PODS representative and that they have agreed to keep their storage units on any given property for up to 7 days only. 9) Establishing fence requirements. Grimes stated that staff would like to have some fence height regulations and some materials requirements. wners want could require 10) Deleting M-3 and M-4 subdistricts. Grimes suggested th to build a structure higher than allowed in the M-2 sub a conditional use permit. 11) Deleting Section 11.45, Subd. 8 (8)(7) ("compa 'ble stated that the "other uses deemed compatible needs to be deleted or rewritten because i . ed as CUP). Grimes "1" section of the Code e 12) Creating a new zoning district called 1-394 and Light Industrial zoning district. Pentel asked why there ne arate zoning district along 1-394. Olson stated that the new district atch what is currently there and would include light industrial, re , 0 els, and office uses. Pentel stated that she thinks the proposed new dl' t would take some more study and recommended that the Plan mmlssion go on a field trip. The Commission discussed the various u 94 and decided to schedule a field trip on November 9,2002 at 13) Review propertie a Commercial or L that are curre properties in th ed Industrial - would they be appropriately located in ial zoning district? Pentel suggested looking at uses Industrial. Shaffer thought it would be a good idea to review ial zoning district. 14) elopments -Implementing changes as have been discussed by mission and City Council. Pentel stated that suggested that the changes would need to be studied separately. Grimes stated that k into hiring a consultant for a fresh view. 15) Off-street parking and loading and loading requirements. Shaffer suggesting 20-foot long parking spaces if car-to-car and 18-foot long spaces if the nose of a car can hang over, but not onto sidewalks. He added that Golden Valley has no aisle width requirements. 16) Subd. 4 - Change to allow "Administrative Variance" in hold-harmless situations. The Planning Commissioners agreed with this proposed change. . Minutes of the Golden Valley Planning Commission September 23, 2002 Page 6 . B. Election of Officers MOVED by Eck, seconded by Keysser and motion carried unanimously to retain the current slate of officers as follows: Pentel- Chair, Shaffer - Vice Chair and Groger - Secretary VI. Adjournment The meeting adjourned at 9:00 PM. " e . 1 . . . Memorandum Planning 763-593-8095 I 763-593-8109 (fax) Hey To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Public Hearing on Conditional Use Permit (CUP) to Allow Auto Sales at 251 OA Hillsboro Ave. N. (Sunny Hollow Shopping Center)-Excel One, Inc., Applicant Date: October 9, 2002 Background Excel One, Inc., represented by its owner Edward A. Johnson, has requested a conditional use permit (CUP) in order to display, for sale, up to five cars in the parking lot of the Sunny Hollow Shopping Center at the intersection of Hillsboro Ave. N. and Medicine lake Rd. Mr. Johnson also plans to lease a small office in the shopping center for the operation of the business. A CUP is necessary for this business because the Zoning Code allows car lots only with a CUP in the Commercial zoning district. The office portion of the business proposed by Excel One is permitted in the Commercial zoning district. The Sunny Hollow Shopping Center is designated on the General (Comprehensive) land Use Plan map as Commercial. The type of use proposed by Excel One is considered commercial in nature and is, therefore, consistent with the General land Use Plan map. Excel One Proposal Excel One has provided the staff with a description of their business and how they will operate at the Sunny Hollow Shopping Center. This information is attached. I have spoken to Mr. Johnson several times about his proposed use in Golden Valley. As indicated in his description, this is a one-person office in about 150 sq. ft. He will display no more than five cars at anyone time. The cars that he will sell are in good working condition and are no older than 1995 model year. He states that he does not sell damaged or disabled vehicles. Cars are sold on an appointment only basis although someone could drive by the shopping center and notice that there are five cars for sale and stop by and look. Mr. Johnson is proposing to locate the five spaces along Hillsboro Ave. N. just north of the southernmost driveway into the shopping center. These spaces would. allow him to see the cars from his office and are generally unused spaces because they are some of the farthest from the shopping center building. As stated in Mr. Johnson's description, he does have an additional car storage location in Brooklyn Park so that there would not be a need to store more than five cars at the Golden Valley location. . . . Signage for the business is an important concern for this type of business. Mr. Johnson states that the only sign on the vehicles will be the ones required by state regulation. These signs are placed in the rear driver side window and state the warranty and pricing information. No other signs would be on the vehicle or painted on the vehicle. Building signage would be limited to the existing shopping center sign and over the door of the location in the building. No temporary signs such as balloons or banners would be permitted at this location. Excel One currently operates a similar operation in a commercially zoned parcel at 1327-153 Lane NW, #200 in Ham Lake, MN. They have a conditional use permit from the City to operate at that location. A copy of the CUP is attached with the conditions put on the operation by Ham Lake. I spoke with the persons in charge of monitoring the permit for the City of Ham Lake. She said that Excel One had been there for several years and that they have met the requirements of the conditional use permit. Ham Lake renews the conditional use permits each year. Ham Lake staff last reviewed the permit in April 2002. One of the concerns that staff has is related to the adequacy of parking at the Sunny Hollow Shopping Center. The owner of the shopping center states that there are 14,500 sq. ft. of rentable space in the center. Some of this space is used for retail space and some for office space. Assuming that 75% of the space is used for retail space with a parking requirement of one space for each 150 sq. ft. and 25% is office space with the requirement of one space for each 250 sq. ft., the total parking required at the site would be 87 spaces. If the entire space were retail, the requirement would be 97 spaces. The site plan indicates that there are 95 total parking spaces on the site. This amount of parking is more than adequate for the shopping center and the type of tenants that are in such a neighborhood shopping center. The use of these five parking spaces for car display would not cause any type of a parking problem on this property. I have visited the site on numerous occasions and there has always been plenty of parking available, especially at the south end of the building. Another concern with car lots is the test drive. Mr. Johnson has submitted a test drive pattern for those test driving the cars for sale. The test drive pattern would go to the north and utilize TH 169. If this CUP were approved, staff suggests that one of the conditions be that there be no test drives on local, residential streets in Golden Valley, New Hope or Plymouth and that cars stay on Medicine Lake Rd. This requirement is difficult to enforce. Factors Considered as Part of a CUP Review In approving or denying any CUP, City Code requires that finding be made on ten specified factors. Staff evaluation of those factors as they relate to the Excel One proposal is as follows: 1. Demonstrated Need for the Use: The City's standard basis for determining need is that an applicant has identified a market for the proposed good or service. In this case, Mr. Johnson has determined that there is a market for late model used car sales and that this is a good location for their sale. 2 . . . 2. Consistency with the Comprehensive Plan: The General Land Use Plan map identified the proposed Sunny Hollow Shopping center for long-term commercial use, which may include auto sales. Car lots, by conditional use, are considered consistent with this land use designation. There is at least one other car lot in a commercially designated and zoned area in Golden Valley. 3. Effect on Property Values in the Area: The staff has received several calls from neighbors in the area stating opposition to this type of business in the Sunny Hollow Shopping Center. One of the complaints about the proposed business is that it will decrease property values because it would be difficult to control its usage as a car lot. The surrounding properties include a town home development to the south and west, a condominium and multiple family to the north and east, and commercial to the west. The parking lot for the shopping center can be seen from some of the residential areas. Because only five, late model cars are proposed to be parked in the parking lot, it would be unlikely that there presence would have a significant impact on property values in the area. 4. Effect of any Anticipated Traffic Generation Upon Current Traffic Flow and Congestion in the Area: Because of the limited number of cars proposed to be displayed at anyone time, the additional traffic from this type of car lot will be very low. Mr. Johnson states that he plans to sell three cars a week from the site on an appointment only basis. One concern regarding traffic is the test drive pattern. This would have to be established and agreed upon by Mr. Johnson to avoid traffic on local and residential streets. 5. Effect on Increase in Population: Because this is a commercial use, the permanent population of Golden Valley will not increase due to the business. There is only one employee. 6. Increase in Noise Levels: At this time, staff has no reason to expect that a five-car auto sales lot will cause noise impacts. All cars must be in good working order, including proper muffler systems. 7. Any Odor, Dust, Smoke, Gas, or Vibration Caused by the Use: The proposed car sales lot would not be expected to cause any problems related to odor, dust, smoke gas or vibrations. 8. Any Increase in Flies, Rats, or other Vermin in the Area Caused by the Use: It is not anticipated that this type of land use would increase any of these pests in the area. 9. Visual Appearance of the Proposed Structure or Use: The use of a portion of the shopping center builQing for an office will not have any negative visual impact on the area. Signage would be the same as for the other uses in the building. No temporary signs, inflatables or banners would be permitted to promote the sale of cars. The only change in the visual appearance of the shopping center would be the parking of five vehicles with small signs in the right rear driver's side window. Excel One states that the cars would be in good condition and no older than 7-8 model years. 10. Other Concerns Regarding the Use: There is some concern by neighbors regarding the potential for vandalism of the vehicles. I have spoken to the Public Safety Department 3 . about this matter and they would not anticipate any abnormal amount of vandalism due to the parking of five vehicles. Another concern would be related to test drives. The owner of Excel One has committed to a specific test drive route that would stay off local streets and residential area. Recommended Action The staff suggests the following conditions if the Planning Commission chooses to recommend approval of a conditional use permit. These conditions are similar to the ones that were placed on a conditional use permit for Excel One in Ham Lake. 1. All signage shall meet the requirements of the City's Sign Code except there shall be no temporary signs, banners or inflatables permitted at any time related to Excel One. No signs shall be placed or painted on cars on display except those required by law. No balloons or other attention grabbing devices shall be attached to cars. 2. No more than five cars, no older than eight modes years in good condition, shall be displayed in the spaces indicated on the attached site plan dated 8/28/02. No damaged or disabled vehicles shall be displayed or kept on site. 3. Excel One shall not change the lighting on the site as a result of the sale of cars 4. The hours of operation for the sale of cars shall be limited to 9:00 AM to 8:00 PM Monday- . Saturday. There shall be no sales of vehicles on Sunday. 5. No outside speakers shall be permitted in relation to this business. 6. The test drive route will not include any local or residential streets in Golden Valley, New Hope or Plymouth. Excel One will recommend the following route: Medicine Lake Rd. to TH 169 north to 36th Ave. and then return. 7. Excel One shall have in its possession all necessary licenses to sell cars in the State of Minnesota. 8. All other applicable local, state, and federal requirements shall be met. 9. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditional use permit. . Attachments: Business Description for Excel One Excel One Site Plan dated 8/28/02 Photographs of site Ham Lake Conditional Use Permit Office layout for 2510 A Hillsboro Ave. N Test Drive Route Letter from Richard & Maryann Newman dated 10/7/02 4 . Ihcel One IDe. Edward A. JobDsoD Business description Excel One Inc. was founded in 1997 by Scott Stephen at 1327 i~ Lane NW. # 200 Ham Lake Minnesota 55304. It was purchased by Edward A. Johnson OnJuly 11th 2001. Current conditional use pennit attached. Excel One Inc. purposes to move to 2510 HillsboroAvenue North. Golden Valley. Minnesota 55427. Excel One Inc. is a one person office (owner) with the State law required 5 parking spaces. the new location will be used to: Broker. Wholesale. and Retail Automoblles. We sell an average of (3) Three vehicles per week to the public. All others are to be wholesaled to other dealers, and brokered to companies for fleet use. All retaJl customers must make an appointment to view a vehicle. We do not deal in damaged or disabled vehicles. . 2510 Hillsboro Avenue North is located in the Sunny Hollow Center the Center includes 14,505 rentable square feet and Is located at 2502-2580 HillsboroAvenue North GoldenValley, MN. 55427. Excel One Inc. will occupy 2510 HillsboroAvenue North which is 155 square feet. There are ~ (lOX16') Parking spaces in the Center, Excel One Inc. will require 5 for the minimum State requirements. Excel One Inc. has off-site parking of 20+ Vehicles located in Brooklyn Park Minnesota. Excel One Inc. test drive path: Medicine Lake Road ( County Road 70) To 169 North To 36th Street then return. Only matching and approved signs will be placed on the office and mall signs. Vehicle signs will be limited to one Warranty IfA AS IS"/Price/Tax Information, to be placed in the rear driver side window. Per state regulations. I look forward to doing business in the city that I have lived in for seven years. Excel One Inc. Edward A. Johnson . {// tY~ . . ~ License Fee $75.00 License No 02~0060 State of IliDDcsota, Couaty olAno" A CONDITIONAL USE PERMIT IS HEREBY GRANTED TO: Edward A. JOhDMD - B:aeel ODe lac. 1327 153n1 LaDe liE, Suite 200 in the City of Ham Lake in said county and state for the period from March 21 2002 to March 20. 2003 (unless sooner revoked), subject to the laws of the Stat~ of Minnesota and the ordinances and regulations of said City of Ham Lake pertaining thereto, and subject to the condition~,~~,~e reverse side hereof: "'.' . .'11.. ...'" II.' J 'Ii; .. , \ . i "". 1ft testUnonll wlwreof; I have hereto substribed "my 'h~e and affixed the seal of said Co~ration this ~day of Ar~~ ~ , _2~02. . \: ," ~ "'- ~> City Clerk The City Counc1J at their meeting beld on requested that you inspect the property listed below to meets the Fire Code/ Building Code/ Zoning Code for its I Planning Commission UATE: . TO: HAM LAKE FIRE MARSHALL BUILDING INSPECTOR ZONING OFFICER determine it it particular use. ngnature . * . . * . . . . . . . . . . . . . * . . . . * . . . . * . . . . . . . * * INSPECT PRIOR TO t,'~- !t~i- PERSON OR FIRM ~1K)~~ - r'l:~J -ON. ..(Inr. PHONE '+4Q'1 LOCA'l'ION TO BE INSPECTED~. ~1 -1-S~...~t()A.j ~ ~~-.lt ~~ TYPE OF BUSINESS ~ ~ DQ<l Lo.l-l1tVAL .MMENTS: ~: -f:l-- .___ ~/&'.i?/D~ - -~ -- IliLEAGE ~ATE OF INSPECTION ~"~ ~ ~&b/ . PURSUANT TO THE TERMS OR CONDITIONS OJ.' THIS PERMIT MAY BE GROUNDS FOR REVOCATION OF THE PERMIT PURSUANT TO SECTtON 9-840.8 OF THE ZONING CODE, A COpy OF WHICH IS HERETO ATTACHED. 1. SUBJECT TO KEEPING NO MORE THAN FIVE VEHICLES (ALL ROAD WORTHY) "FOR SALE" AND KEEPING. THE VEHICLES EITHER INSIDE THE BUILDING OR INSIDE A FENCED ASPHALT AREA. 2. NO REPAIRABLE VEHICLES ALLOWED. 3. NO PARTS AND NO OUTSIDE STORAGE. 4. MEETING THE REQUIREMENTS OF ARTICLE 7.900 . ;. '. 'P-ERT AININO TO MOTOR VEHICLE SALES LOT LICENSES. S.'';~~~TING ALL STATE, COUNTY AND CITY REQUIREMENTS. ". . ::.. CUPEXCJrtPNE 3/2002 . .... " .. :.; ~ .. ~. -.,.".... .....: . . . . . " ( 1 {r q8 oWc~ t If IY" to k 71 B~ z.. S \QA \-\ \\\s ~(l~ Ao~. N. I I ! ~ I I I I I I I 7. . ~ +r z . . -- 0'> ...0 Z -3~~ 5 '\ N -t ~ tJ ~.-\ 7J <: . r+-\ ;"'() \ \ I :t ~ ::r: . -:I> MEDIC.~~ L'f\\::C=- ro L-----, I l i rrtl I ><. i .r p~ i I ,.: I ' J ~[ b . . . October 7, 2002 2414 Mendelssohn Lane Golden Valley, MN 55427 Planning and Zoning Department City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 REFERENCE: Notice of Public Hearing, dated 10104102, Conditional Use Permit, 2510 A Hillsooro Avenue North We have reviewed the proposed usage of the above referenced property and would like go on record as being opposed to approval of said usage. This property is bordered by three high density residential complexes where residents are very close to the proposed conditional use permit site. The existing strip mall contains a number of businesses that provide a service to many of the surrounding homes; however, we believe a used car lot in this location would be a detriment to the surrounding community and damaging to the residential property values. The used car lot would be an attractive nuisance to the many teenagers that travel between Medley Park, the businesses in the strip mall and MacDonalds. Additionally, the lot would draw transient traffic to the neighborhood. A further concern is the reality of controlling usage. We have noticed the property is being used as a car lot, ten days in advance of the public hearing to consider the proposed change We believe a number of the adjacent property owners feel the same as we do about this proposed usage. Sincerely, )1~E~ ~ ' t:~ Richard J. Newman & Maryann E. New~a ~ . Hey Memorandum Planning 763-593-8095/763-593-8109 (fax) To: Golden Valley Planning Commission From: Dan Olson, City Planner Subject: Zoning Code Text Amendment - Time Extension Date: October 9, 2002 Background Recently, staff became aware that there is no language in the City Zoning Code to allow for time extensions for submittal of a Final Plat for a Planned Unit Development (P.U.D.), and for time extensions beyond the one year expiration date for Conditional Use Permits (CUPs) and variances. Staff has recently had requests to extend a CUP and a variance, but there is no mechanism in place in the Zoning Code to grant these extensions. The attached language e was written by our City Attorney. Action Requested Recommend to the City. Council the attached Zoning Code Text Amendments. Attachment: · Proposed Zoning Code Text Amendments e . e e ORDINANCE NO. ,2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Amending Zoning Code Regulations The City Council for the City of Golden Valley hereby ordains: Section 1. The City Code is amended hereby in Section 11.55, subd. 14,H, by adding the following: The Council in its sole discretion may grant an extension for an additional period of up to six months upon request of the applicant. Section 2. The City Code is amended hereby in Section 11.80, subd. 2,N, by adding to the beginning of the first sentence thereof the following: Unless extended by the Council in its sole discretion for an additional period of up to 12 months, . . . Section 3. The City Code is amended hereby in Section 11.90, subd. 4,0(3), by adding after the first sentence thereof the following: The Council in its sole discretion may grant an extension of up to one additional year upon request of the applicant. Section 4. The City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation of a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim. Section 5. This ordinance shall take effect from and after its passage and publications required by law. . - e Adopted by the City Council this day of ,2000. Linda Loomis, Mayor ATTEST: Donald G. Taylor, City Clerk Published in the New Hope-Golden Valley Sun Post on ,2002. 209043