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06-13-11 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valiey City Hall, 7800 Golden Valley Road Council Chambers Monday, June 13, 2011 7 pm 1. Approval of Minutes May 9, 2011 Regular Planning Commission Meeting 2. Informal Public Hearing — Conditional Use Permit Amendment— 800 Boone Ave N — CU-119 Amendment#2 Applicant: DRAM Properties (Legacy Adult Day Care Inc.) Addresses: 800 Boone Avenue North Purpose: To allow for the expansion of the existing adult daycare use within the same building for property located in the Light Industrial Zoning, District 3. Informal Public Hearing —Zoning Code Text Amendment—Amending Variance-Related Language in Section 11.90: Administration of City Code— ZO00-87 Applicant: City of Golden Valley Purpose: To amend the standards for granting variances due to recent legislation regarding "practical difficulties" --Short Recess-- 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 i 763-593-8�06(TTY,763-593-3968)to make a request. F�amples of alternate formats ; may include(arge print,electranie,Braille,autliocassefite,ete. Regular Meeting of the Golden Valley Planning Commission May 9, 2011 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, May 9, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kisch, Kluchka, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and,�p�v�lopment Mark Grimes, City Planner Joe Hogeboom, and Administrative Assistar�t'Lisa �lViitman. Commissioner McCarty was absent. iti 1. Approval of Minutes p ;�` �� March 28, 2011 Regular Planning Commission Meetin�g; ��,„ MOVED by Cera, seconded by Kluchka and motion,�arri�`d�una�iimous�y to approve the March 28, 2011 minutes as submitted. 2. Informal Public Hearing —Zoning Code Amendment—Adding High Density Senior and Physical Disability Hous'rng as a Cont�itional Use in the Medium Density (R-3) Residential Zoning Dis#rict Secti+�rt`of City Code —ZO00-86 Applicant: City of Gold±�nsV�ili�y ;,; Purpose: To allow,htgh�ir density senior and physical dosability housing with a Cond��Onaf E��se`P�rmit in the Medium Density (R-3) Residential zonin�,distri�t` ��, Hogeboom explaineC� that as a'result of the Comprehensive Plan update in 2008 there are several areas in tl�� Cit`��:de�ig�inated for High Density Residential. There are two areas in particular that��would�'f�ave to�e rezoned to High Density Residential (R-4) which might not be ap��opr�ate fo,rgth�,levels of traffic associated with a high density use. He stated the con��nsu� a�th� ��ky'`�ouncil is that senior housing may be a good option for these areas be�aa�se there is i�ipically less traffic and it is not at peak hours. As a result, staff is re��mmendEng tl��;�„the Zoning Code be amended to add High Density Senior and Phy��l Disa"��ty Housing as a conditional use in the Medium Density (R-3) zoning districf��o that�� ese areas could be rezoned to R-3 instead of R-4. Grimes added that this proposed�''�f�`'�nge allows the City to require a traffic study as part of the Conditional Use process which is another reason staff feels comfortable with this recommendation. Kisch asked if there were additional constraints considered beyond height limitations in the R-3 zoning district. Hogeboom said there aren't any additional tests that developments have to meet beyond the tests already required when considering a Conditional Use Permit application. Grimes stated that a development would still be subject to setback requirements, impervious surFace requirements, parking requirements, and other R-3 zoning district requests when applying for a Conditional Use Permit. Waldhauser opened the public hearing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 2 Larry Kueny, 7303 Ridgeway Road, said there is talk of a developer wanting to build senior housing at the carner of Harold and Winnetka. He said his main concern is if the developer owns the properties in question and if the property owners have been contacted by the City regarding the rezoning of their properties. He said he is also concerned about the area being "pigeon holed" for senior housing and he does not understand the process. Hogeboom explained that there is a developer who has an option to purchase six of the approximately 18 properties in the Harold and Winnetka area, but they have not submitted an application for development at this point. He explained tha#th�re,,will be a public meeting/open house for residents on June 23 and notifications�inrill be mailed in advance of that meeting. The meeting will present road improvemertts�ft�r�;Harold��venue and the impact of higher density housing on the proposed and �xisting stre�t sys��m. F�. Seeing and hearing no one else wishing to comment, Waldh��ser �fe�sed t,,a� public hearing. x?�,� �n�� ;e u''{ �, �'�� °iN �� '��i� �� Waldhauser asked if the City could deny a request��r pl.alce f��t��r restrictions such as height limitations on developments if they are req�ired to'i�k�tain ��onditional Use Permit. Grimes stated that conditions could be added as!'part of the�'Conditional Use Permit application process. However, there would need to be good reasons and findings in order to deny an application. Waldhauser said the proposal seem��to;be a�good�s�ifution to providing more housing options and will give the City mQre latitude ar�d control when considering Conditional Use Permit applications. F ��{ a�� ', �%�6t4 £`! �1� Segelbaum noted that th��efiniti�t�ns ��I�,�enior Housing and Physical Disability Housing should be capitalized when��iey��re used�in the Zoning Code. � �,,a MOVED by Cera, secqnded:�y i�l�chka and motion carried unanimously to recommend approval of arrie�ding'�the Ci�y Code to allow High Density Senior and Physical Disability Housing with a Coinditioi�al Use Permit in Section 11.23, Medium Density (R-3) Residential z�rtir�g dist�ic�3based on the following findings: �c� " �; a � �" .�..� •, Senio�'t��nd��hysical Disability housing creates lower levels of tra�c than does .�E�ntergen�rati�hal housing. • ��t`affic ge,'m�erated from Senior and Physical Disability housing residents and as� ,�� empl��s iypically occurs during off-peak times. • Dwelling units in Senior and Physical Disability housing can be smaller, on average, than dwelling units in intergenerational housing. (As would be the case in memory care and assisted living communities.) • Senior, Physical Disability, and lifecycle housing is identified in the Comprehensive Plan as a needed housing product type in the City of Golden Valley. • Allowing higher density Senior and Physical Disability housing to be built in the Medium Density Residential Zoning District (R-3) would provide more opportunities to increase the housing type in the City. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 3 3. Informal Public Hearing — General Land Use Plan Map Amendment— 9110 Golden Vailey Road — CPAM-45 Applicant: City of Golden Valley Address: 9110 Golden Valley Road Purpose: To change the designation on the General Land Use Plan Map from Light Industrial to Medium High Density Residential � :<<�� Hogeboom referred to the General Land Use Plan Map and explained,��iat ther�;are four separate areas that need to be redesignated due to the Compreh��siv��`��lan upi��dte done in 2008. He explained that the City Council has reviewed th��se fourr�r�as aa�d has determined that they do not wish to rezone the properties at th�$ time��Q �her�'�Qr��"��he Land Use Plan Map has to be changed back to how it was beforefl��e 2€��'lan u.p�°ate so that the Zoning Map and Land Use Plan Map are consistent. ��3 `' � �,��'�� He referred to the first area in question which is 911;O�Golc�en �/a�l�y Ro�ad and stated that it is being recommended that the land use design�ti�on �kie��chan'��c��from Light Industrial to Medium High Density Residential. ; � Cera asked what would happen if the pr�perty were�ck�anged to an office use. Hogeboom stated that the Zoning Map and Land U��,Pla� �Vlap woul`c� have to be amended at that time. ,� �d,, ' , , �i ` �� ; . Kisch asked if changing the lanc��t�h e dE,Signati�i`t� back to what it was before the Comprehensive Plan updat��trrt'�tal��b��going against what was already decided by the public process. Kluchka expressed ��n,cern��k�out "spot zoning." He asked about the possibility of allowing apartments'��"�d.�pnditi��al use in the Light Industrial zoning district. Grimes explained that th;� ap��m,�,r�ts q� fhis property provide a number of affordable units and the City Council {��5 st ��'d they"d like to maintain it. { � � � � ?f�6�1��°��q�5�. $3 �� : Segelb�um a�ke��`�b��r�t tFie impact to the property if it were to become a non-conforming use. Hog��oor`�i��tated fhat the property could continue to be used as a multi-family � ��> p�dpe�Y• n�:;.. `��; Waldhaus�er,c�pened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka said he is not in support of the recommended action to redesignate the property to Medium-High Density because it appears to be "spot zoning", the apartment buildings are allowed to remain, and there is the clear ability to improve the property. He added that his preference would be to have something non-residential on this property. Cera said he feels conflicted because if the designation is changed, the apartment buildings could be removed which he doesn't want. If the designation is not changed, an Minutes of the Golden Valley Planning Commission May 9, 2011 Page 4 applicant would have to come before the City to ask for the property to be redesignated and rezoned if they wanted to redevelop this property for a different type of use. Kisch said keeping the property as it is would be a disservice and ultimately the market will dictate what will develop on this property. Waldhauser added that the process to amend the Zoning Map and the General Land Use Plan Map is lengthy and she speculates that re-designating the property now is an easier way to allow senior housing. MOVED by Kluchka, seconded by Cera and motion carried unanimously to recommend denial of changing the designation on the General Land Use Plan Map froFii��:ig�t Industrial to Medium High Density Residential for the property at 911QF�olden �lalley Road based on the following findings ��3 u�f' A` G��" • Having one residential parcel in the middle of a business��r�dustrial'are� ��ild be considered "spot zoning." �. � ,�' ��,r� • If land use remains "light industrial", existing apartment cq�i��nple��e� �wti remain in place as legal non-conforming uses, and can be ir�`p�t�ved'��r repl�Ced as needed. • Reverting the land use designation to residenfiai in��uld"g�a�ainst the planning process that was involved in the Comprehensive PI�'n;revision of 2008. 4. Informal Public Hearing — General L�and��Use PIan�Map Amendment— 2040 Douglas Drive —CPAM�6 Applicant: City of Golden �f��l�y � � � � : k;, Address: 2040 Dougla��pri��` �� ,,E 1 � ; �;" � Purpose: To �k��'nge t�"� de�i,�nation on the General Land Use Plan Map from Mediu`iri;�� '`��Density�'Residential to Office � �� 6 5�� Hogeboom referred ��a �'ta� of fi�� property located at 2040 Douglas Drive. He stated that the recomri��nda��,r��b` �±�designate the property from Medium-Low Density Residential to Of�� so�kiat the property will not become a non-conforming use wrhen the property is'�aned Residential. Kisch askeci if t�ii� property was designated Medium-Low Density Residential before or afte�the Dou�glas'brive Corridor Study. Hogeboom said the property was designated Medium-Low Density before the Study. Kisch noted that the Study calls for this area to be mixed uise::�riir�es stated that the City may have to look at the zoning in the Douglas Drive Corri�iir�in the future as land uses change. Waldhauser stated that the current designation for this property is Medium-Low Density Residential which is what is intended for the areas surrounding this property according to the long-term future uses identified in Douglas Drive Corridor Study. She added that she has the same concerns with this property as the area previously discussed. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 5 Kluchka said he is not in favor of this recommendation because the original direction for this property was identified through the Comprehensive Plan public process and the Douglas Drive Corridor Study directed the area for mixed use. He said he is not sure he wants to consider the Douglas Drive Corridor Study over the Comprehensive Plan but the request for office use is neither mixed use or residential. Hogeboom explained that the Douglas Drive Corridor Study is part of the Comprehensive Plan but is not reflected on the General Land Use Plan Map. Kisch stated that maintaining the property as an office use seems to fit with the vision of mixed use as stated in the Douglas Drive Corridor, so while it seems to�k��sp�t,zoning he would support an office use for this property because it fits with the la�ger visiori�F, Segelbaum agreed and said he thinks office is an appropriate us��thr� p�roperty��g �� s�. ��, MOVED by Cera, seconded by Kluchka and motion carried 5 �0��1 to r<��omrr��r��denial of changing the designation on the General Land Use Plan Map°,#'roh��l�ledium�:�,ow Density Residential to Office for the property at 2040 Douglas Drive b��ed d`r`t��#he��a�lowing findings. Commissioner Segelbaum opposed. • Having one office parcel in the middle of a residenfial area could be considered "spot zoning." • If land use remains "medium-low density residential", existing office building can remain in place as a legal non-conforming use; and;c�t� be improved or replaced as needed. '' • , Reverting the land use design��`on;to �ffce viiou�tl go against the planning process that was involved in the Co�ripreherisive`Plan revision of 2008. • The Douglas Drive Cor��q�r�5tudy�itlentifie�"this area as primarily residential in character. ��;.��"` e � � J,;. ��, " 5. Informal Public He��ar,r��= General Land Use Plan Map Amendment— 1100, 1170, 1200 &4��(��0 DoiU��as Drive and 6200 & 6212 Golden Valley Road — CPAM-4�7 .. '�;�G ,,, �;,, ��n `[�� " ' <<1� . Applicant � �;City��f Golden Valley t ��f � , � ��lre��a � �''�1'1�tQ,�1170, 1200 & 1300 Douglas Drive and 6200 & 6212 Golden � Valley Road � , '�� , 'f�;j� � a, ��_�° ��r ��,Purpos'='� To change the designation on the General Land Use Plan Map from � �� High Density Residential to Medium-High Density Residential Hogeboom referred to the properties on a location map. He stated that this property is currently designated for High Density Residential and is being proposed for re- designation to Medium-High Density. He explained that the City Council has stated they feel this site would be suitable for high density senior housing, but may not be suitable high density non-senior housing because of the traffic impacts associated with High Density residential uses. If high density senior housing is allowed with a Conditional Use Permit, as previously discussed, then this site would still be able to accommodate high density senior-oriented housing. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 6 Cera referred to the single family properties in this area and asked if they would become non-conforming if they are re-designated to Medium-High Density Residential. Hogeboom said they would become non-conforming. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka asked how this area was identified in the Douglas Drive Corridor Study. Kisch noted that the Study calls for residential in this area but doesn't specify the,density. Kisch stated that he believes designating the property Medium-High Density,�;Q�iid��n�tigate the traffic issues in this area and he also believes in this case re-designa�it�� the pro�erty to Medium-High Density would not constitute "spot zoning" because-i�fits r`Nell with �F�� current General Land Use Plan Map and the adjacent land uses�; ` , �, Kluchka agreed that re-designating the properties to Medium-Hig� C�ensity,r�eets the original intent of the research done for the Comprehensive Plan Update, l�also fits with the Commission's recommendation to modify the R-3 Zahing District to<allow Senior and Physical Disability Fiousing as a Conditional Use ,:;�, � � � ' :„ �, � r ��, ,. ;.:, , Schmidgall said he is also in favor of this recomm;endation`�ind he hopes to avoid another Applewood Point type of project at this locatiti�t, '��;; MOVED by Kisch, seconded by Segelbaum and;motion carried unanimously to recommend approval of changing the designation on the General Land Use Plan Map from High Density Residential tQ;Mediur�-Hi�l�;Density Residential for the properties Iocated at 1100, 1170, 1200 & 1300 Douglas Dr�ve and 6200 & 6212 Golden Valley Road based on the following fin��gs � �'_ `�5, �� , :� • High density senior h�p�t�ir�g'may be'appropriate for this location. • High density nr��'-senior ��,using may have traffic levels that cannot be sustained at , . r this location. 'E, � 3 ��_ ��, • The City �`��ncil �h��`t��ertti�ed this area as an appropriate location for long-term medi��n-higF�`�l�nsi�r residential use. i4a��dll�,�;7 ' �., . 6. �t��'Qrmal„Pulilii��Hearing — General Land Use Plan Map Amendment— 5635 & 57a� Gl�r�wood Avenue — CPAM-48 ��; �;�� '�� 4pplica�i�: City of Golden Valley ;;,. r a2 � � ��° Ad��ss: 5635 and 5701 Glenwood Avenue Purpose: To change the designation on the General Land Use Plan Map from Medium-High Density Residential to Low Density Residential Hogeboom referred to a map of the properties located at 5635 and 5701 Glenwood Avenue. He stated there are currently two single family homes located on these properties. He explained that there are multiple family dwellings nearby so it was originally thought these properties should also be designated for a higher density use. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 7 Upon further review it was realized that these properties are not large enough to support a multi-family development so the recommendation is to re-designate the properties to Low Density Residential to reflect what is currently there. Kisch asked about the limitations of expanding the homes on these properties if the designation is changed to Medium-High Density. Hogeboom said the homes could be expanded if they meet the requirements of the Zoning Code. Kisch asked if a condition could be placed on these properties stating that no expansion would be allowed. Hogeboom stated that conditions cannot be placed rezoning applications. , x Waldhauser opened the public hearing. Seeing and hearing no one wtshing to�cpmment Waldhauser closed the public hearing. ��;�= a �� E�(,d p �°� Segelbaum said he is in favor of keeping the density low in this��,area,A. �� , �;, Cera said he thinks keeping the properties designated Mediur�iTHigh'pe�s��ji Residential is in keeping with the spirit of the Comprehensive Plan and ,it wt��uld aflow the existing properties to remain. Kisch said he doesn't want the properties�to'become non- conforming. Grimes explained that if a developer wanted to develap these properties they would have to come before the City Council and'ask for a C:omprehensive Plan Amendment and a Rezoning. , � � ' , ;�� MOVED by Segelbaum, seconded by Cera ar�d�rpo;�ion carried 5 to 1 to recommend approval of changing the designatiQn_o,n fhe.Cener��l��'Land Use Plan Map from Medium- High Density Residential to Low„l�nsity� Resid,e�ntial based on the following findings. Commissioner Kluchka opposed'�� z��=` �!� �.� ,;,,� �a. '�: • Rezoning this area fo'Mediur�-Hi�}��,Density (R-3) Residential would render the homes as non conforri��Tuses. '� • The City Coun�i��,�s ide��fed this area as an appropriate location for long-term low density re$iden�t�l u`'s�� -'� t �,g� ��r � �J. 'i ;i� �3 ,, ,,� , „ � �` --Short Recess-- � � �� '��}�� i� ��4 7. I��}�o�s�on `��i��ings of the Housing and Redevelopment Authority, City Co'��t�il';��pard of Zoning Appeals and other Meetings ��a ��, �,,G.. ug�d °� � , �,� ��A Grime��reporteid that the adult day care on Boone Avenue will be coming to a future Planning�'�orriirtiiission meeting to amend their Conditional Use Permit to allow for more clients. � Segelbaum handed out the recently passed state statute regarding the new variance language and discussed the new language regarding practical difficulties. Hogeboom stated that the Council will be discussing the consolidation of the Board of Zoning Appeals with the Planning Commission at the May 10 Council/Manager meeting. Minutes of the Golden Valley Planning Commission May 9, 2011 Page 8 8. Other Business Waldhauser stated that the Commission needs to nominate a new Secretary since Les Eck chose not to be reappointed when his term ended. MOVED by Schmidgall to nominate Cera to be Secretary, Segelbaum seconded the nomination and the motion carried unanimously. � �iii8 9. Adjournment ., � ��, � a r,:; �;. The meeting was adjourned at 8:50 pm. y'�> �'�,`�, � � d� ,r,,; � r � , ��` �� ; � aF:;, � :Fq; � � � �� '� x �,� David Cera, Secretary '�� ,; < �� ,�a1� k;��, � �,, ��i� k ti�X� . ,.�r�.da,;��.�! t. 1 yl� a„�a s�� °? p a , E3W, a r +;� � ��, � �1,,. ,� i� {; . °,R, �;'�. sti, (ka ��.+ j$2 '�fi'.: �.i'�.. y°%r ��N( �� .. i i, � � , .� . ��, _ . � � � �� e Planning 763-593-8095/763-593-8109 (fax) Date: June 8, 2011 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Amended Conditional Use Permit (CUP-119) to Allow for Expansion of Legacy Adult Day Care at 800 Boone Avenue — David N. Olshansky (President, DRAM Properties, Inc.), Applicant Background and Description of Existing and Proposed Uses Mr. David N. Olshansky, president of DRAM Properties, Inc. has requested an amendment to the existing Conditional Use Permit (CUP) No. 119 in order to expand the existing adult day care facility at 800 Boone Avenue. The expansion in space would eventually allow the State to license the facility for up to 265 persons. Currently, they are licensed to have up to 170 persons. (The existing CUP states that the day care is limited to 70 clients or the amount specified by the State. The State recently increased to number allowed from 7D to 170 in the space designated in the CUP. This was also approved by city staff.) The existing adult day care has operated successfully since it was approved in 2007. The building at 800 Boone Ave. N. is owned by DRAM Properties and is 42,655 sq. ft. in area. The original CUP allowed DRAM Properties to operate the adult day care in about 20,000 sq. ft. of the building. The proposed amendment to the CUP would allow DRAM ta use the entire building for adult day care and offices for Home Health Care when the current tenant (Leeds). vacates the building. Currently, there are three tenants in the building. First, Legacy Adult Day Care (owned by Mr. Olshansky and formally called Heartland Day Care) occupies about 13,900 sq. ft. of the building. This adult day care use was approved by the original CUP for 70 adults or a number approved by the State based on size and capacity of Legacy Adult Day Care. About 5,300 sq. ft. of the building is occupied by the office headquarters for Health Care Plus, Inc. Health Care Plus is also owned by Mr. Olshansky. Health Care Plus provides home health care services to seniors and employs 50 or so people in this office space. Until recently, Leeds, Inc. occupied about 23,500 sq. ft. of the building. Leeds has reduced their size to 10,970 sq. ft. of office and warehouse space. The remaining 12,500 sq. ft. of the building formally occupied by Leeds is to be used for expansion by Legacy Adult Day Care. When Leeds ends its lease with DRAM Properties, the remaining space now occupied by Leeds will be converted to Legacy Adult Day Care. At that time the entire building would be occupied by either Legacy Adult Day Care or Health Care Plus offices. Legacy Adult Daycare now employs approximately 15 people and serves between 60 to 70 elderly clients although they are licensed by the State to care for 165. At this time, the clients are primarily Chinese and Southeast Asian. The plan is to expand Legacy to s�erve additional members of those groups. The day care space includes a dining area, a kitch�n, activity rooms and several restrooms for its facility. Regular hours of operation are from 7 am to 5:30 pm; however, the majority of clients are there from 9 am to 3 pm. Almost all of the clients come to the day care on small busses. There may be some after-hour events that serve the clients of Legacy Adult Day Care or Health Care Plus. The City Council approved a similar CUP, issued to DRAM Properties, on November 5, 2003 for the operation of an adult daycare at 4949 Olson Memorial Highway. The adult day care has successfully occupied this location with no violations of the CUP. The adult day care on Olson Memorial Highway primarily serves Russian clients. The building at 800 Boone Avenue was constructed in 1973. It is located in th� Light Industrial zoning district. The site is guided for light industrial uses in the Comprehensive Plan. Leeds Precision Instruments, a microscope manufacturing company, is currently located in a separate area of the building and occupies about 10,900 sq. ft. Individual access would be provided for the proposed adult day care facility. Legacy Adult Day Care occupies about 13,900 square feet in the northern and western portion of the building. An additional 5,300 square feet of the northern portion of the building is used as office space for Home Health Care, Inc. The Zoning Code requires one parking space for five clients for adult day care. The building at 800 Boone Avenue currently has 162 parking stalls. If the building was entirely adult day care serving 265 clients, the number of required stalls would be 54. However, with fihe building also has about 5,300 sq. ft. of office space for Home Health Care Plus and 10,900 sq. ft. of office space for Leeds for a total of 16,200 sq. ft. of office space. This amount of offiee space requires 65 parking spaces (one space for each 250 sq. ft. of office space). Office space requires one space for each 250 sq. ft. With the 162 total spaces, the amount of parking on site greatly exceeds the parking requirement of 119 spaces (54 for adult day care and 65 for office space). When Leeds leaves the building and the entire space is converted to adult day care, the parking requirement will be reduced to 75 spaces (54 spaces for adult day care and 21 spaces for the 5,300 sq. ft. of office space for Home Health Care). I have visited the site and found more than adequate parking. I was told by Mr. Olshansky that all the clients come to the site on small busses. The busses either drop the cli�nts off in front of the property along Boone Ave. or in the parking lot to the south of the building. The parking lot is used by employees of Home Health Care Plus or Leeds. There are a couple of concerns about the use of the parking lot that will be addressed in the amended CUP. First, all dumpsters must be screened as required by the Zoning Code. They are currently unscreened. The applicant has agreed to do this prior to approval of the CUP by the City Council. Second, there are two storage containers that are located on site. One is rented from a storage container company and is owned by Leeds. The second is a 53 ft. trailer that is parked at the northeast corner of the building. It is used for the storage of tables and chairs owned by DRAM for use in the building. The City does not permit temporary storage buildings unless they are used for a short period of time related to construction. If extra space is needed, the building should be expanded. These two temporary storage structures do not meet the City's building code and should be removed. The purpose of a trailer is to bring a product to a building and then move the trailer after the product is removed. A trailer is not intended for permanent storage. When the City issues a CUP, it has the right to require an Inflow and Infiltration (I and I) inspection to determine if there is improper seepage of clear water into the sanitary sewer system. If there is such seepage due to failure of the pipe system from the building to the City's sewer system, the failure must be corrected in order that clear water is not going into the sanitary sewer system. (The City has been required to address this infiltration and inflow issue by the Metropolitan Council's Environmental Services division that operates the sewer plants for the metro area. Golden Valley has been identified with other cities with an inflow and infiltration problem and has been required to correct the problem. In addition to correcting the problem on the City's sanitary sewer pipes, the City must also require that lea�Cing private pipes be fixed to eliminate inflow of clear water into the system that does not r�quire treatment at a sewer plant. By reducing inflow and infiltration, it will delay the construction of additional sewer plants in the metro area.) Because there is a proposed change of use from office to adult day care, the City has required that a I and I inspection be done and that if there are improvements needed to the private system, they will have to be made prior to approval of the amended CUP by the City Council or an escrow of 125% of the cost submitted to the City to guaranty the work is done within 90 days of the approval of the amended CUP by the City. At this time, staff has not gotten the results of the I and I inspection. The owner has asked that this requirement to improve the private sanitary sewer lines be delayed until Leeds vacates the entire building. The building to the north of the DRAM Property (830 Boone Avenue) is a 152,500 square foot building is owned by Interkey Properties LLC, and is an office/warehouse building. The building to the south of the property, located at 750 Boone Avenue, is occupied by the offices of Peterson, Beyenhof and Zahler, Ltd., CPAs. Across the street to the west, Billboard Planet and Performance in Motion occupy space. Bassett Creek is located directly east of the �roperty. There are currently four "for-lease� signs along Boone Avenue befinreen 7t" and 10t Avenues. The traffic signal at the intersection of Boone Avenue and Highway 55 provides good access to the site. Golden Valley Road and 10t" Avenue also provide adequate access tp the site. There is a sign in front of the building that identifies one of the tenants as the `'Golden Ballroom". Staff has asked that this sign be removed because this type of facility is not permitted. Mr. Olshansky has agreed to remove the sign. There has been some concern that the facility has been used for events such as weddings and parties. I have �een assured by Mr. Olshansky that the rooms are not rented out for events. The only events that occur on the site are related to Legacy Adult Day Care or Home Health Care Plus. Examples may be an employee party, birthday or anniversary party of a client, etc. Analysis of Ten Factors The Planning Commission must make findings on ten factors when reviewing � CUP application. They are as follows with staff comment: 1. Demonstrated Need of the Use: The City requires that an applicant identify a market for the proposed good or service necessitating a CUP. DRAM Properties has demonstrated that there is a need for adult day care by operating two facilities in Golden Valley. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map depicts the proposed site as Iong-term light industrial use. Adult day care centers, through conditional use, are compliant with this land use designation. The building will also be used for office space which is consistent with the light industrial designation. 3. Effect on Property Values in the Area: Staff does not believe the approval of this amended permit will negatively affect property values in the area. The site is located in an industrial area and is separated to an adjacent Residential zoning district by Bassett Creek. The existing use has a no negative impacts on the area. 4. Effect of Use on Traffic in the Area: Generally, clients utilizing the daycare will arrive via bus, reducing the number of trips made to and from the facility. Typically only employees and visitors would arrive by car. 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 effected. 6. Increase in Noise Created by Use: Noise impacts created by this propos�d facility should not extend beyond the site. Minimal additional noise can be expected by bwsses transporting clients. 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 aff�cted (other than signage) with the proposed use. 10.Other Effects of the Use: Staff does not anticipate any other negative effects of the proposed use. Recommended Action: Staff recommends approval of the amended Conditional Use Permit allowing an adult day care center serving up to 265 clients (or an amount specified by the Minnesota Department of Human Services.) The day care facility is to be operated by Legacy Adult Daycare, a subsidiary of DRAM Properties. Leeds Inc. will remain in the building until their lease expires. At that time, the entire building will be converted Legacy Adult Day Care and the offices for Home Health Care Plus, both owned by DRAM Properties. The approval of the amended Conditional Use Permit is subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. The "Golden Ballroom" sign shall be removed by August 1, 2011. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to 265 clients, or the amount specified by the Minnesota Department of Human Services and approved by staff. 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 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 Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings must be removed from the site no later than August 1, 2011. 9. An Infiltration and Inflow Inspection and required compliance rehabilitation� identified by the inspection must be completed prior to approval of the amended CUP by the City Council. If the rehabilitation cannot be completed by the time of the approval of the amended CUP by the City Council, DRAM Properties may post an escrow (in a form approved by the Director of Public Works) of 125% of the estimated cost to complete the rehabilitation work. The work must be done within 90 days of approval of the amended CUP by the City Council. If the work is not completed by that time, the City has the right to use the escrow to c�mplete the work. 10. The requirements found in the memo to Mark Grimes, Director of Planning and Development, from Ed Anderson, Deputy Fire Marshal and dated May 17, 2011 shall become a part of these requirements. 11. All other applicable local, state and federal requirements shall be met at all times. Staff recommends the following findings for approval of the amended CUP: 1. The proposed expansion of adult day care at this location is consistent with the General Land Use Plan map and zoning for this area. 2. There is an increasing need for adult day care services, especially with th� large and growing number of adults in Golden Valley and the metro area over 65 years of age. 3. Legacy Adult Day Care is an experienced provider of adult day care services. 4. The site provides adequate parking, access and amenities for the clients and office uses in the building. Attachments Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated May 17, 2011(1 page) Project Narrative (1 page) Original Conditional Use Permit 119 (1 page) Site Photos (3 pages) Site Plan (1 page) � � � " � i i�a��--�� . �`�-�.--�s:�-�� a � �" •� -� t I �%"-. �,� , 1 � i � � m, 1 '- �' � � � i i �° �� p� ��" tA►�.St�"P"�CfS�� ,� p 'ce rt�[!�t=�3 �,�� r 1 � � o i � �' _� m� '9 �°.,�Jf .� i � � t i r„� r� `. � � � _ � - .� �m, ♦ � 9 � P � .�� _� --� L � �-a `''^.——————' s,� ° "`�° ��,a—�PdysYt�tktk�Av��I�t�� I � �` \ co. � � 'p_�w I '� 'w ` � r'� x 'j �' � ,�'"``�:. � i ��';N��, �'�•,� r ..�'� � �'�~�� ,� ..��... �, � �. -�--�-._.-=�� ""°��. ....`°`a.'' � g�, _°'.� ,� °e��}�'s-.-�-'-.,i' r ._ � �� 4 � ,f �, °" �., d.. °°--. � � _ �_ ,� �' ,, �'`,,� � �f � � a� � � _ � 1 � � �� ' ��'• I t a --�.;o, � ° `� g � � � °� � � �` • , � ;'� ,4 °� _ � � „q _ e _ � o� �� _.... _ _10tEYAatts�6 _. � � ��r .�... � _ _ � ._ .� � — °` � t cs ' 1 I ;� @ � i �� i � # � �' f Subject Property � ' a��d� . : :�'�/ . 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Q ` � a Fire De artment .._�` V p � F�i r e D e p a rt m e n t 763-593-8065/763-593-8098 (faxl To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Amendment, 800 Boone Avenue North Date: May 17, 2011 I have reviewed the conditional use permit amendment information packet for the Dram property Iocated at 800 Boone Avenue North. Listed below are the fire department comments for fire life safety requirements. 1. The current fire alarm system located in the proposed adult daycare area shall meet the required fire alarm system and protection in accordance with the Minnesota State Fire Code related to the change of use to the occupancy. 2. The current fire suppression system located in the proposed adult daycare area shall meet the required fire suppression system protection in accordance with the Minnesota State Fire Code related to the change of use to the occupancy. 3. Fire extinguishers shall be installed in accordance with the Minnesota State Fire Code and related to the change of use to the occupancy. 4. The current fire department access road for the building shall be maintained in accordance with the Minnesota State Fire Code. The access road starting from Boone Avenue and throughout the parking lot shall be 20 feet minimum and required turning radius. 5. Serving kitchens shall be constructed and maintained in accordance with Fire Code. If you"have any questions, please contact me at 763-593-8065, or my e-mail address, eandersan �ci.golden-valley.mn.us ea/j 1 . I�UETOW ANa ASSOCIATES ItVC �N ARGHITE�T�lR��SERVIGES COMP�4RJl' , 2345 Rlce Street Sulte 210 St. Paul, Minneaota 65113 May 11,2011 Project Description Summary (Revised) RE: Legacy Adnit Day Care,Inc. 800 Boone Avenne North Golden Valley,Minnesota 55427 BA Commission Nnmber 1118 Regarding the Owner's Application for an Amended Conditional Use Permit: 1.0 Owner: DRAM Properties,800 Boone Avenue North Suite 150,Golden Valley,MN 55427. 2.0 Existing Site: Occupies 152,000±gross square feet or 3 S acres. 3.0 Existing Building: `site footprint' is 42,655± gross square feet or approximately 28% of the site area. 4.0 Existing Off-Street Parking Stalls:162 of which 6 are accessible. Those accessible parking stalls have, apparently, beea previously approved by the City of Golden Valley as `accessible' in accordance with then current applicable provisions of the Minnesota.Sta.te Building Code. 5.0 Existing Bnilding Cnrrent Utilization: • Legacy Adult Day Care, Inc. occupies 19,185± gross square feet of floor azea (45% of the building's floor area)and is located in the north part of the building. • Light Industrial Facility Tenant (Leeds Precision Instruments,Inc.)occupies 23,470±gross square feet of floor area(55%of the building's floor area)and is located in the south part of the building. • Legacy Adult Day Care, Inc. currently is now being approved by the Minnesota Department of Human Services to provide Adult Day Care Services to 166 individuals. 7.0 Proposed Project Description: � • Legacy Adult Day Care, Inc., under the auspices of this Amended Condirion�l Use Permit Applica.tion,intends to eventually provide Adult Day Care Services to 270 individuals within the entire confines of the existing building. • Legacy Adult Day Care, Inc., under the auspices of this Amended Conditional Use Permit Application,plans to expand internally and does not plan to add to,modify or materially alter the existing building. • Minimum required off-street parking sta11 quantity is 54 Stalls (270 Adults being servedl5 Sta11s per Adult being served).Retain 162 existing stalls to preserve potential future change of use. •Three(3)individual unscreened trash recepta.cles are present: Owner will provide screening at each existing trash recepta.cle location with 6'-0"high metal chain link fencing with opaque slat inserts and set onto rigid posts restrained by concrete-filled containers. •One(1)parked vehicle did not display Minnesota vehicle license plate: It now has properly�xed vehicle license plate. •Two(2)individual stationary Storage Containers are present: Owner will provide screening at ea.ch existing trash receptacle location with 6'-0" high metal chain link fencing with opaque slat inserts and set onto rigid posts restrained by concrete-filled containers. • Area A: Existing Legacy Adult Day Care,Inc.(19,185±gross square feet of flaor area). Area B: Expansion of I.egacy Adult Day Care,Inc.(23,470±gross square feet of floor area). • Certificate of Inflow & Infiltration Compliance: Owner requests approval to defer the application for this Certificate until the actual expansion of the Adult Day Care operation into the southem portion of this building. A Tenant currently occupies that space. The longevity of that Tenant's occupancy is unknown. Refer also to Site Plan and Floor Plan(Drawing Sheets 1.0 and 2.0 dated May 6,2011). Telephone (651)483-6701 www.buetowrarchitects.com CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT Alo. CU-119 Date of Approval: November 20. 2007 by the Citv Council in accordance with Sec. 11.10. Subd. 2 and Section 11.30 of City Code Issued To: Heartla,nd Adult Da,ycare a subsidiary of DRAM Properties, Inc. Approved Location: 800 Boone Avenue North, Golden Valley. MN Approved Conditional Use: To allow for an adult day care center in the Light Indusfrial zoning district. Conditions of Approval: 1. The site plan prepared by Joseph Buslovich Architects, dated August 22, 2007 shall become a part of this approval. 2. The adult day care shali be limited to 70 clients, or the amount specified by ths Minnesota Department of Human Services and approved by staff. 3. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. � 4. All improvements to the building must meet the City's Building Code requirements. . 5. All signage must meet the requirements of the City's sign code. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All other applicable local, state and federal requirements shall be met at all times. 8. Failure to comply with one or more of the above conditions shall be grounds for revocation of the conditianal use permit. 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Z N o� ��__�� __��'��.�__�__�� 4 fn .-th _ VN a AO'09Z aw�.uaaaoaa �� o� Z � o 0 �� (n a m U1 0 X u Bilfl�313i1�N0� `JNI151X3 A�� W � G �r��nd aNOOs � =____ 4�a �L b�:,� � �) ,. — — .� .d`': �< �V ';�,; I ,'�;� r� �� 0 ' Planning j 763-593-8095/763-593-8109 (fax) Date: May 26, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Amending Variance-Related Language in City Code Section 11.90: Administration Background In the summer of 2010, Minnesota Supreme Court ruled that cities do not have authority to grant variances if the property owner requesting the action could put the property to a reasonable use without a variance. At that time, the Supreme Court suggested that the legislature provide a more flexible variance standard than provided for in existing municipal law. On May 5, 2011, a law was initiated that amends the standards for granting a variance. Unlike the previous law, the new law applies to counties, cities, and towns with zoning controls. The new law again permits localities to grant variances. The most significant change between the former legislation and the current legislation is the elimination of the term "hardship." Under the new regulations, a locality may issue a variance to a zoning regulation if"practical difficulties" exist. According to the new law, "practical difficulties" exist if: • The property owner proposes to use the property in a reasonable manner not permitted by an official control. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • A variance is in harmony with the general purposes and intent of the ordinance and consistent with the comprehensive plan. City Code currently references the former variance standard. The Code must be amended to reflect the new legislative language. The City Attorney's office has reviewed Section 11.90 of City Code (the section that references variances and the controls of the Board of Zoning Appeals) and has suggested making several minor modifications to the language. Recommended Action Staff requests that the Planning Commission vote to recommend amending Section 11.90: Administration of City Code, to include references to new state variance regulations. Staff requests the Planning Commission to incorporate the following findings into its recommendation: • Municipalities are granted the authority by the State of Minnesota to grant variances to local zoning controls. • The City of Golden Valley has authorized the Board of Zoning Appeals to carry out the function of granting variances. • New legislation was enacted on May 5, 2011, that redefines the criteria for considering variance requests. • The City must update Section 11.90 of City Code to remain consistent with state law. Attachments: City Code Section 11.90: Administration (7 pages) § 11.90 Section 11.90: Administration Subdivision i. Administration and Enforcement The Director of Planning and Development is hereby authorized and directed to enforce all the provisions of this Chapter. The Director may delegate this authority to any administrative official or support staff inember of the City, who shall be directly under the control and supervision of the Director of Planning and Development. Such staff shall have the following duties: Source: Ordinance No. 313, 2nd Series Effective Date: 10-29-04 A. To issue all permits and certificates required by this Chapter. B. To receive process and forward all applications for various zoning requests as stipulated in this Chapter. C. To cause any building, structure, land use, place or premises to be reviewed and examined and to report in writing the remedy of any condition found to exist therein in violation of any provision of this Chapter. Source: Ordinance No. 583 Effective Date: 12-31-82 Subdivision 2. Non-Conforming Uses A. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one (1) year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. B, Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. C. Notwithstanding subparagraph A, above, the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility Go/den Valley City Code - Draft Lanauaae Mav 17. 2011 Page 1 of 7 § 11.90 in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Source: Ordinance No. 365, 2nd Series Effective Date: 3-Z3-07 Subdivision 3. Zoning Map Changes and Chapter Amendments No change shall be made in the boundary line of any zoning district, or in the permitted and/or conditional use or regulation for any zoning district, except after an official public hearing and upon a majority affirmative vote of the Council. However, 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, two family residential, and multiple dwelling sub-districts to either commercial, industrial, light industrial, and business and professional offices requires a two-thirds (2/3) majority affirmative vote of all members of the Council. Zoning boundary changes or Chapter amendments may be initiated by the Council, or by petition of affected persons and property owners within the City. Upon receipt of such a petition, the matter shall be referred to the Planning Commission for review and recommendation. The Planning Commission shall conduct an informal public hearing within sixty (60) days of receiving said petition, and after notifying all property owners within five hundred (500) feet of the boundaries of the property involved. Following receipt of the Planning Commission's recommendation, the Council shall conduct an official public hearing within sixty (60) days and make a decision thereon within ninety (90) days. Source: Ordinance No. 271, 2nd Series Effective Date: 11-IS-02 Subdivision 4. Board of Zoning Appeals There is hereby created a Board of Zoning Appeals which shall be organized, operated and have certain powers, as follows: A. Organization. Source: Ordinance No. 583 Effective Date: 12-31-82 1. The Board of Zoning Appeals shall consist of five (5) members. All members of the Board Zonina Apneals shall serve a one-(1) year term. During the month of April the City Council shall appoint four (4) of the members and two (2) alternate members. The vice-chairperson of the Planning Commission, appointed each year at the annual meeting of the Planning Commission, shall be the fifth (5th) member of the Board fi Zonina Aaneals. All of the members of the Planning Commission are alternates to the Board af Zonina Anneals. In the absence of any member of the Board f� Z�anina A�_ Is, any member of the Planning Commission may serve as an alternate. At least one (1) member of the Planning Commission shall be present at each meeting of the Board of Zonina Anneals. The Board 2_f Zonin�peals shall meet at least once a month if there are any petitions . pending for action. Golden Valley City Code - Draft Lan�uaae Mav 17, 2011 Page 2 of 7 § 11.90 Source: Ordinance No. 384, 2nd Series Effective Date: 09-28-07 Source• Ordinance No 2nd Series ,E'ffective Date: - -2011 2. The �_4oar_d af Zonina Anneals shall keep a written record of all of its proceedings, including minutes of its meetings, its findings and the action taken on each matter heard by it including its Final Order, The Board� Zonina Anneals shall adopt such further rules for the conduct of its proceedings as it shall deem necessary, including rules governing the exact date of its meetings, the date by which petitions must be filed to appear on the agenda of any particular meeting, provisions for the conduct of the meeting including the matter of giving of oaths to witnesses at the hearings, the manner in which evidence might be presented at the hearings and provisions for the filing of written briefs by the petitioner or other interested parties. Source: Ordinance No. 3�;�2nd Series Effective Date: �r94 - -2011 B. Powers. The Board of Zoning Appeals shall have the following powers with respect to this Chapter: 1. To decide appeals where it is alleged that an error has been made in any Order, requirement, decision or determination and/or interpretation made by a City administrative ofFicer in enforcement and administration of this Chapter. 2. To hear requests for variances from the ' � ' ' re�luirements of this aoter includin4 restrictions nlaced on nonconformities. Variances shall nlv be oermitted when thev are in harmonv with the aeneral ourooses and intent of this Chapter and when the variances are consistent with the comarehensive olan. Variances mav be aranted when the a�nlicant for the ariance establishes that there are practical difFiculties in comnlving with his Cha�ter. "Practical difficulties." as used in connection with the arantina a variance, means that the nrooertv owner nronoses to use the nronertv in a reasonable manner not permitted bv this Chanter. The Board of Zoning Appeals may not permit as a variance any use that is not �t-e��al o under this Chapter for property in the zone where the afFected person's land is located. ''"��-�-� Economic considerations alone do not constitute �ractical difficulties. The Board of Zonina Appeals may impose conditions in the granting of variances. A condition must be directly related to�e . and must bear a rouah ionalitv to the imnact created bv the variance. Go/den Valley City Code - Draft Lanauaae Mav i7, 2011 Page 3 of 7 § 11.90 Source: Ordinance No. 583 Fffective Date• 12-37-2002 Source• Ordinance No 2nd Series Effective Date: "�� -�2011 3. To grant variances from height or setback restrictions in accordance with state law for solar energy ��'�� m , provided that the Board of Zonina Aoneals determines that no reasonable alternative location can be provided within the height or setback limits and that said s�Jar ener�._.v systems are the most compact size and shape necessary to provide for the reasonable energy needs of the immediate praperty. The petitioner may be required to provide or pay for an engineering study. Source: Ordinance�116, 2nd Series Effective Date: 8-25-�941994 Source: Ordinance No. . 2nd Series Effective Dr�te: - -20i 1 4. When either the City, Hennepin County or the State of Minnesota creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring, a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subparagraph shall apply only to acquisitions taking place after ]une 1, 1992, and shall not apply to acquisitions taking place in the normal course of the land subdivision (platting) process. Nothing contained in this sub-paragraph shall be interpreted to lessen the requirement for a traffic management plan contained in Section 11.56 of the City Code. Source: Ordinance No, 89, 2nd Series Effective Date: 5-21-92 C. Procedure. 1. Appeals to the Board of Zoning Appeals may be taken by an affected person upon filing of a petition form with the designated stafF liaison. Such petitions shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provided that such petitions must be received by the Department of Planning and Development no laterthan fifteen (15) working days priorto the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of Zoning Appeals. Each petition shall be comprised of a survey, prepared by a registered land surveyor licensed in the State of Minnesota, locating all property lines, buildings, and streets along with a completed petltion form, provided by the City, and a filing fee as prescribed in this Chapter. The petition form shall be completed in sufficient detail to Go/den Valley City Code - Draft Lanouaae Mav 17. 20i 1 Page 4 of 7 § 11.90 clearly demonstrate the variance applied for or the administrative act being appealed therefore, and shall set forth the reasons and justification cited by the petitioner as grounds for granting the petition. Source: Ordinance No. 142, 2nd Series Effective Date: 3-14-96 2. The Board of Zoning Appeals shall give at least ten (10) days written notice of the time, place of hearing and nature of the appeal to the applicant and to all adjacent (abutting) property owners. Any party may appear at such hearing, whether in person or by agent or attorney. The Board Z in e s shall make its Order with respect to said appeal within seventy (70) days from the date of the hearing thereon. Within thirty (30) days of the final written Order of the Board of Zonina Aqpeals any petitioner feeling aggrieved by the decision of the Board of Zoning Apneals may file a written appeal with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the Council. Therefore the Council shall, within thirty (30) days from the date of such appeal, make its findings and determination with respect to the appeal and serve a written report thereof upon the appellant by United States Mail. If no appeal is taken by the petitioner from the decision of the Board of Zoning Appeals in the manner hereinabove provided, then the decision of the Board Zonina AqReals shall be final. Source: OrdinancelYQ.. 116, 2nd Series Effective Date: 8-25-94 So��rce: Ordinance No. . 2nd Series Effective Date: -2011 3. In those cases where the efFect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action authorized thereby shall lapse after the expiration of one (1) year following the date of service by mail of the Order granting the variance, unless construction or other action is commenced within said one-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the Order granting the variance. The Council in its sole discretion may grant an extension of up to one additional year upon request of the applicant. Any modification of the plans prior to or during construction shall be cause for the issuance of a stop order and the filing of a new petition for variance if in the opinion of the Building Inspector such modification adversely afFects any aspect of the plans directly involved in the consideration and approval of the earlier variance petition. Source: Ordinance.�273, 2nd Series Effective DaYe: 11-I 5-02 4. A variance shall be �� e 'v only to the extent of the exact circumstances contained in the petition therefore or as approved. Any Golden Valley City Code - Draft Lanauaae Mav 17, 2011 Page 5 of 7 § 11.90 subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new petition for variance. A proposed, fully conforming alteration to a property for which a past variance was granted shall also require a new petition for variance if the official records of the Board of Zonina Aoneals indicate that the current proposal adversely affects an aspect of the property that served as full or partial grounds for the earlier variance. Source: Ordinancel�.. i 16, 2nd Series Effective Date: 8-25-�9441994 Source: Ordinance No. . 2nd Series Effective Date: -2011 Subdivision 5. Interpretation In interpreting and applying the provisions of this Chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not the intention of this Chapter to interfere with or abrogate or annul any easements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of building or premises or upon height of building or require larger open spaces than are imposed or required by other City Code provisions, rules, regulations, or permits, or by easements, covenants or agreements, the provisions of this Chapter shall govern. Source: Ordinance No. 583 Effecrive Date: 12-31-82 Subdivision 6. Fees All fees provided for under this Chapter, including, but not limited to, rezoning, variances, special and conditional use permits, planned unit development and amendments, platting and waiver of platting, easement and alley vacations, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may, from time-to-time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk and open to inspection during regular hours. Source: City Code Effective Date: 6-30-88 Subdivision 7. Comprehensive Plan A. The Council shall adopt, and may from time to time amend, a comprehensive municipal plan pursuant to the authority provided by and the provisions of Minnesota Statutes 473.858 and the related sections of said Minnesota Statutes 473. Before adopting any such plan or any amendment the Council shall solicit the recommendations of the Planning Commission with respect thereto and shall take no action thereon until such recommendation has been received or until sixty (60) days have elapsed since any such request for a recommendation and/or a specific proposal relating to said plan was submitted to the Planning Commission. In considering any such request or proposal, and Golden Valley City Code - Draft Lanauaae Mav 17, 2011 Page 6 of 7 § 11.90 before adopting any plan or part thereof or any proposed amendment thereof or position with respect thereto, the Planning Commission shall hold at least one (1) public hearing thereon. Source: Ordinance No. 670 Effective Date: 11-IS-85 B. Following receipt of the Planning Commission recommendation, or the elapse of said sixty (60) day period, the Council shall upon published notice hold a public hearing with respect to the proposed adoption of the Comprehensive Plan or any amendment thereto and any action taken at such public hearing shall become and be part of the OfFicial Comprehensive Plan for the City provided that a resolution evidencing said action was approved by a two-thirds (2/3) vote of all of the members of the Council. All public hearings as required by this Subdivision shall be held no sooner than ten (10) days after published notice thereof in the ofFicial City newspaper in the same manner as applies to the adoption of ordinances relating to or amending the Zoning Chapter. The Comprehensive Plan for the City as adopted pursuant hereto, and any parts thereof or amendments thereto, shall serve as a guide to the City and its public officials as respects future development and zoning actions of and within the City. Source: Ordinance No, 345, 2nd Series Effective Date: 05-25-06 Go/den Valley City Code - Draft Lanauaae Mav 17, 2011 Page 7 of 7