09-12-11 PC Agenda AGENDA
Planning Commission
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, September 12, 2011
7 pm
1. Approval of Minutes
August 22, 2011 Regular Planning Commission Meeting
2. Informal Public Hearing — Property Rezoning — 6601 Medicine Lake Road —
Rezoning from Single Family (R-1) Residential to Moderate Density (R-2)
Residential -Z014-06
Applicant: Paul 6. Kelley
Address: 6601 Medicine Lake Road
Purpose: To consider rezoning the property to Moderate Density (R-2)
Residential which will allow for the future development of a twin home
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
4. Other Business
Discussion regarding Livable Communities Act— Housing Action Plan
5. Adjournment
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Regular Meeting of the
Goiden Valley Planning Commission
August 22, 2011
A regular meeting of the Pianning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
August 22, 2011. Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera (arrived at 7:25), Kisch,, Kluchka,
McCarty, Schmidgall, and Waldhauser. Also present was Director of Planning;and
Development Mark Grimes, City Planner Joe Hogeboom, SEH Traffic �ngineer�iVlike
Kotila and Administrative Assistant Lisa Wittman. Commissioner Segelbaum was��bsent.
1. Approval of Minutes
July 25, 2011 Regular Planning Commission Meeting � ��� G,�-�����
�.t�,�
�.: ,
Kisch asked that the fourth paragraph on page two b� Glari'fi�� tq:state that he was
questioning McDonald's drive-thru volume increaSing cori`��ared�t�irthe overall sales
volume increasing.
MOVED by Kluchka, seconded by Kisch and motion carried unanimously to approve the
July 25, 2001 minutes with the above noted clarification.
2. Continued Informal Public Hearing- Conditional Use Permit Amendment— 1930
Douglas Drive - CU 42-03_Am�ndrrient#2��
Applicant: Northern��Tier Re�ail,��LC (SuperAmerica)
G
Addresses: 1930�Dougf�sf Drive
Purpose: To allow�h� existing SuperAmerica store to remain open for business 24
hpurs per day. The property is located in the Commercial zoning district.
Grimes reminded the CQmmission that this item was tabled at their June 27 meeting to
allow SuperAm��ica additional time to hold a neighborhood meeting to address issues
su�h as hours;r�f`��eration, lighting, signage and noise. He noted that SuperAmerica has
addr�55ed the';�tems listed in his staff report and that neighbors were notified of this
meeting: ;
McCarty asked how the neighborhood meeting went. Karla Bigham, Northern Tier Retail,
Applicant, stated that their neighborhood meeting was similar to the June 27 Planning
Commission meeting. Tracy Pink, District Manager, SuperAmerica, stated that there was
discussion regarding lighting and limiting the hours for using the intercom system. He said
he offered to have his employees clean up trash in the surrounding area a couple times
per month and agreed to sponsor the Night to lJnite neighborhvod party.
Waldhauser asked if SuperAmerica's customers are coming mainly from Honeywell or
from the neighborhood. Pink said he believes their customers come from both Honeywell
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 2
and the neighborhood. He stated he believes extending their hours will be a benefit to the
community.
Waldhauser asked if SuperAmerica has considered installing signs regarding noise
ordinance regulations. Pink said they would be willing to install noise ordinance signs.
Waldhauser opened the public hearing.
Bob Parzyck, 2005 Brunswick Ave N, said SuperAmerica gets broken inta;when they are
closed so staying open 24 hours per day is probably a cheaper security systern�,f,or them.
He said this proposal is good for SuperAmerica, but not for the neighbarhood and'.
SuperAmerica should just put in a better surveillance system.
Seeing and hearing no one else wishing to comment, Waldh��us�r c��sed the'��iblic
hearing. � �'"
Schmidgall said he is inclined to support this propo�a� be'cause��uperAii�erica has
addressed the City's concerns, he sees nice imprA�erriedm�s in���ir;�lans and their
involvement in the Night to Unite event is good. McCarty a;��eed. ��
Kluchka suggested adding the neighborhood clean�up and the installation of noise
ordinance signs as conditions of approval. Kisch said he would like the installation of
noise ordinance signs added as a condition of approval but the neighborhood clean-up
and the Night to Unite involvement are verbal commitments that would be di�cult to
enforce. .
MOVED by Schmidgall, ��cbnded by Kluchka and motion carried unanimously to
recommend approval to a�lo�r thg����xisti��;�SuperAmerica store located at 1930 Douglas
Drive to remain ope�,for bu�rn��s 24 hours per day subject to the following conditions:
1. A lighting plan shall be submitted to ensure compliance with the City's lighting ordinance.
The lighting ordinance tlid no� exist in 1989. The 24-hour operation could not begin until it
was prove,r� that the lighting requirements are met.
2. Landscaping on the site shall be as indicated on the Landscape Plan filed in the City
Planning Office.
3. .;QII signage shall be in accordance with the City's sign ordinance. Prior to 24-hour
opaeration, the applicant must meet with the City's sign inspector to ensure that the
sign�ge ond�the site is consistent with City code.
4. Noise'��o�t���ir�ance enforcement signs shall be posted.
5. The memo from the Deputy Fire Marshal dated June 14, 2011 shall become a part of the
CUP permit. Because a loudspeaker system is required by the Deputy Fire Marshal, the
loudspeaker systems shall be designed so that it cannot be heard at any of the property
lines. SuperAmerica shall provide proof that the loudspeaker cannot be heard at any of
the property lines by a licensed acoustical engineer prior to 24-hour operation.
6. No trash or recycling pickup can be made after 10 pm or prior to 7 am.
7. There shall be at least two employees on site at all times.
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 3
8. Site layout shall be as indicated on the site sketch filed in the City Planning Office. The
four-foot wide strip shown on the site sketch as running along the perimeter of the main
building and extending into the setback area on the property's west side shall be a
sidewalk only. In addition, there may be an overhanging roof line extending no more than
30 inches into the setback area.
9. The station is allowed to be open for public business 24 hours per day.
10. The dumpster area shall be fully shielded from view.
11. The site shall meet all other City and State requirements.
12. Failure to comply with any of the terms of this permit shall constitute grour�ds for
revocation. ;�;
The Planning Commission bases its recommendation on the follAwing findings:
• The significant neighborhood contributions that SuperAm�ric�,i,s;�iaking �' ��
• Agreement to the 12 conditions of approval especially the impr6vemen#`in lighting and
noise issues
3. Informal Public Hearing — Property Rezonings — Properties:located north of
Harold Avenue, south of Highway 55, west of Glenwood Avenue and east of
Winnetka Avenue. The properties west of the Spirit of Hope United Methodist
Church are proposed to be rezoned to "Med�um Density(R-3) Residential" and
the properties to the east of the Spirit of Hope United Methodist Church are
proposed to be rezoned to "Moderate Density(R-2) Residential."
Applicant: City of Golden V��I�I,ey ;
,i� ,,4 ,
Addresses: Properti�, '�ocate'r� north,of Harold Avenue, south of Highway 55, west of
r�,
Glenwoo Avenue and e�st of Winnetka Avenue
Purpose: To bring the properties into conformance with the recently updated General
Land Use Plan ,Map
Hogeboorrt;explained;thafi the City's updated Comprehensive Plan was adopted in 2010.
As part���f tha#,process=the�City is required by the State to make sure the General Land Use
Plan Map�,�which;ais parf of the Comprehensive Plan, is compatible with the Zoning map.
�' � �.�
�, ; �� .
He�i�e��rred to��,�map of the subject properties and explained that area A is the property
north c�f'H,arol,d�uAvenue, south of Highway 55, east of Winnetka Avenue and west of the
Spirit of Hope'"Methodist Church. These properties are proposed to be rezoned to Mediurr�
Density (R-3) Residential. Area B on the map includes the properties located north of
Harold Avenue, south of Highway 55, west of Glenwood Avenue and east of the Spirit of
Hope Methodist Church and are proposed to be rezoned to Moderate Density (R-2)
Residential. He added that the R-3 zoning district would allow a development with up to 4
stories and 12 units per acre if it is non-senior housing. Senior housing would be allowed
by Conditional Use with no specific density and height up to 5 stories. The R-2 zoning
district would allow development with up to 8 units per acre for single family homes,
duplexes, twin homes or small townhouse developments.
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 4
Hogeboom stated that the City has been contacted by different developers regarding this
property throughout the years but that no developer has ownership of all of the parcels in
question.
Hogeboom noted that the City held an open house in June and some of the comments
from people who attended the open house included concerns about the potential height of
buildings, tree preservation and rising levels of traffic. He stated that Harold Avenue is
planned to be reconstructed in 2012 and the zoning of these properties will help guide the
design of Harold Avenue. Hogeboom reiterated that action must be take,r�ab;y;jt�e City to
either rezone the properties to match the General Land Use Plan Map ort re de�i�nate the
General Land Use Plan Map to match the Zoning Map. '
Waldhauser asked Kotila to explain proposed plans for Winnetk� Avenr�e. ICbtila explained
that there is an existing operational issue on Winnetka as we�l as,coneern abo�ut increases
in traffic demand as a result of future development, enough th�t th�:Gity has'applied to
MnDOT for some cost participation to improve Winnetk�Avenue at t�{�e Highway 55
intersection. He referred to a map of the area and discussed the proposed intersection
design and how it would help the intersection operate rnor.e safel,y,:and efficiently.
Cera asked if the proposed intersection changes are planned regardless of what happens
to the future development of these properties. Kotila,said th� need for the improvements
currently exist but parts of the plan could change depending on what type of development
occurs.
Larry Kueny, 7303 Ridgeway Ra�d, referred to.a section in the Comprehensive Plan that
states all owners shall jointly petitiort for'rezoning. He asked how many people have asked
for this rezoning and how th� City:knows what is best for these people and for property
values.
,ta, �'�, , `
Lee Brant, 7631 Ha�p�l'��avenu'e; stated that she understood that the south bound lane on
Winnetka would,stop �t the;entrance of Brookview; now the lane seems to go south of the
entrance of Bro�kview: Sh'e is al'so concerned about the removal of park land and trees.
She asked���if t�1e properti�� were rezoned to R-3 how residents would know if something
else, sueh as apartments or something other than senior housing would go there instead.
Kathy Welander, 4;40 Idaho Avenue N, asked if there is any definition of what level of
housing woultl"be built from luxury to low income. If there is low income housing she
questioned the'level of crime and said she doesn't want people to come into their area that
might rais�����ar�i�ne. ,
Gerry Deters, 7710 Harold Avenue, said he is concerned with how property taxes will be
affected if the properties are rezoned. He added that most of the neighbors have no desire
to move. He said he is under the impression that the proposed rezoning shouldn't affect
their property values but he doesn't want his taxes to skyrocket as a result of this rezoning.
He asked if there is a plan B or C if no developer comes in.
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 5
Brian Hillins, 340 Louisiana Avenue N, said that what the City is not telling property owners
is that when the properties are rezoned, owners will not be allowed to make changes or
additions to their homes and are being forced out. He asked about the definition of non-
compatible and urged the Commission to think about the amount of traffic with the
proposed lane expansion and the safety of pedestrians. He stated that there is currently a
lot of inventory of inedium and high density properties and asked why there is a need for
more and what the purpose is for adding more. He asked who is asking for this rezoning
and read from the City's vision guide and asked if this proposed rezoning matches the
vision guide and if it is really the right thing to do.
Sa{ly Levens, 7811 Ewald Terrace, said something needs to be done about the traffic that
backs up on Winnetka and the people who don't stop. She said there are lilies in the
boulevard area that she is supposed to maintain but she is unv��lling to;risk'h�e�,��fe'in the
traffic. She said that Winnetka Avenue doesn't need to be enhan�ed>to make Highway 55
better and asked how many units of housing could be built Sti;� add�d th��°�'he doesn't
think it is safe or responsible to have higher density at this corn`��r. '� , �°""�`�
Ed Chesen, 7507 Harold Avenue, said he agrees v�iith hi�neig�'�ors that rezoning these
properties would be a big mistake. He said he didn't get a clear report on the comments
from the June open house and there is no reference to what:�happens to property values
and the whole make-up of the neighborhood. He said,rezoning these properties is going to
destroy a neighborhood and he gets the.impression that no one is interested in hearing
them.
Dale Berg, 7040 Western Aven�e��said,he agre;�s with everything that has been said. He
said he has heard little from.,fihe�,City r�g'arding the reasons for doing this. He said he is
concerned about mass tra,nSit and that�here is already enough traffic on Louisiana due to
Lion's Park. There is also rtat er�ciugh p�rking at Lion's Park and he hasn't heard anything
about any type of enYironmental'assessments regarding flooding. He said there is a natural
barrier and you can't see:or hear Highway 55 from his neighborhood and now he is going
to feel like he is living in downtown Minneapolis with multi-level housing. He suggested the
City buy the properties �ncl give low interest home loans to young families with kids.
Alan Ingber, 73�60 Half Moon Drive, said he agrees with what has already been said. His
concern'��,that���,Rnidgeway Road will become more of a freeway with higher levels of traffic
trying to gefi tQ 1-394 and Laurel.
� .
Les H�IIg�;, 752�� Harold Avenue, said there has been no talk about traffic on Harold
Avenue. Ifrth�'�e properties are developed the traffic will be like a funnel because there are
constant probiems at the corner of Harold and Winnetka. He asked if this rezoning is being
done because of a developer. He added that the traffic really needs to be thought about
because there are going to be massive problems. He said he thinks this is a really bad idea
and maybe the City can work on getting the area fixed up and the homes occupied instead.
Erik Pedersen, 130 Louisiana Avenue N, said he did not buy his house with the intention of
seeing a well-established neighborhood be overdeveloped with townhomes. He asked what
City need this proposal serves and who asked for it because if there are actual people
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 6
involved who have asked for this, he deserves to know or if it is just a corporation pushing
their agenda he deserves to know that too. He said if Winnetka is made wider it will only
encourage more traffic on Winnetka because it is a thoroughfare and was made to be
thoroughfare. He said the City is going in the wrong direction with these proposals and
should be putting stop signs at every intersection to make it possible for families to cross
the road and get into the park because cars don't stop. He added that everyone who is not
a resident should be deterred from driving through this area and this proposal should not
even be considered because it goes against everything in the vision guide for Golden
Valley.
,
Fred Gross, who lives in Bumsville, and owns the property at 7200�Har4,l.d Avenue, asked if
it was true that if the properties are rezoned homes can't be impro�i�d He,��,aid spmewhere,
somebody thinks this is a good idea but he is not sure that it is.`He asked if fhe.Gity has
considered ignoring what the non-elected Metropolitan Council'has said or has'considered
changing the City's vision to match the current zoning instead. �le added that no one is
"chomping at the bit" to have more traffic on Harold, Ridgeway p�Winrietka. He asked if the
City would consider condemning these properties if the ownsrs decide not to sell.
Julie Johnson, 300 Edgewood Avenue N, said sh� hasn't����l����ard anything about the impact
to Glenwood Avenue. She said she doesn't think°this will only impact this small area it will
impact the whole southern part of Golden Valley. S�ie said �fie agrees with everything that
has been said and she is totally against this proposaL "
Beverly Weinberg, 7523 Harold Avenue, sa�d she has a major concern about the left hand
turn from Harold onto Winnetka. She said at this time it is difficult and dangerous and if the
traffic is heavier it will be almost impossible and will be asking for accidents.
Schara Jesse, 743 Winnetka, sai� Ridgeway is a cut through thoroughfare and this
development will escalate the;problem. She said this issue comes up every decade and
petitions have put a Stop ta„it. She said the residents should get together and get a petition
going. She suggeste�people;call'the City Council to find out who is asking for this and
questioned if it is U,nited Prope�ies. She said she doesn't like this proposal.
Kluchka�sa�d lie'categ�orized the questions into traffic, property and legal and asked Grimes
to talk about his experience on how values and taxes are impacted by rezoning and by
redevelopment. Grimes explained that taxes are set by Hennepin County based on the
value:of the property and its use. He referred to Area A and stated that if that area is
rezon�d �o R-,3 ithe existing properties will become non-conforming which means the
homes c�h�re'main and be maintained and improved but they can't be expanded. In Area B
the existing homes would be considered a permitted use in the R-2 zoning district so they
could be expanded. He said he doesn't feel that rezoning these properties would decrease
their value because it would be in effect "up zoning" which means they could have a higher
value.
Kluchka said the next issue is why there is a need for this rezoning. He said he is thinking
about trends and how cities need to be responsible in meeting needs in appropriate ways
such as providing senior housing. Grimes agreed there is a large aging population in
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 7
Golden Valley. He stated that the Planning Commission and City Council provided for
additional types of housing opportunities during the Comprehensive Plan Amendment
process. He added that Golden Valley is an attractive Iocation as an inner ring suburb and
unfortunately the Comprehensive Plan Amendment meetings and open houses don't draw
large audiences because the entire City is being reviewed, not just certain areas.
Waldhauser stated that the vision for the City, including this area did come from the City's
residents with direction from the Metropolitan Council. She agreed that Golden Valley is a
changing community and the Comprehensive Plan update sought to find:a�,bal�ance
befinreen good change and preserving what's best of Golden Valley.
,,.
Grimes referred to the question regarding the General Land Use Plan M�ap,being,required
to be compatible with the Zoning Map and explained that the Ci�y Attorney'�s�oprirtion is that
the finro maps should be compatible. He stated that the City Goul�d�re-designate`the
properties back to single family residential but the Metropolitart Council lo.oks at the
metropolitan area as a whole in regard to transit, sewer;��ighw�ys, etc, so Golden Valley
likes to work together with the Metropolitan Council because not working with them may
affect things like grants. Kluchka added that the City and�the bro�der community get a
benefit from meeting Metropolitan CounciPs goals and objectives. Grimes explained that
according to Metropolitan Council projections there needs tobe room in the metro area for
another million people and it saves taxpayer money to develop or redevelop property
already served by sewer, water and transportation.
Kluchka asked if there is another;plan in;place for these properties if a development doesn't
occur. Grimes stated that the development community is waiting to hear a decision from
the City regarding the zonin�„pf�theSe.p'roperties�. He added that the City Council has stated
they will not use condem�ation to�develop these properties. It will have to be done by
developers purchasing tfie;properties at market rate. Waldhauser agreed that the City is
not in the position to buy th�se=�iroperties.
Kluchka asked if the Ci#y can cQntrol the type of development on these properties. Grimes
stated that more'th,an likely the properties will be a senior housing type of development. He
explained�t�at.the �r�ffic��p�tterns for senior housing could work well in this location and that
the City has (a�itud�;�in;app`roving things like landscaping plans and traffic plans as part of
the Contli�iona�l` l�se Pe�mit or Planned Unit Development process.
'��°�,�
Wa�f��i�user�s��d sli�e appreciates that people who live in the area see things she doesn't,
but it s�e�ns li{�e there are some long-term traffic issues in this area that this particular
rezoning m`ay or may not impact.
Grimes referred to the question asked regarding environmental issues such as flooding and
noted that those types of issues will be addressed at the time of development.
Kotila referred to the safety issues that have been discussed and explained that he
recognizes the need for pedestrian improvements at Winnetka and Harold. He discussed
how traffic backing-up on Highway 55 makes every movement more difficult so fixing those
issues should help alleviate some of the concerns. Kisch asked if increasing capacity would
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 8
also increase demand. He also asked about implementing other safety and speed control
measures. Kotila explained the approach is to try and serve the existing traffic demand and
that he realizes some of the traffic will be dispersed to other locations. He stated that part
of the Harold Avenue reconstruction project includes constructing a fairly narrow two-lane
roadway which should help moderate the speed at which people drive.
Grimes referred to the question regarding what type housing could be built this location. He
stated that the City has no control over housing being low-income versus market rate.
Waldhauser noted that the City tries to disperse its housing types.
Ed Chesen, 7507 Harold Avenue, asked why both areas couldn't be rezoned to R�2.
Waldhauser stated that that Area A is at an intersection that faces � comrnercial district and
a highway which provides a better opportunity for additional housing. She sai�,her opinion
is that Golden Valley is a fairly urban community and is a part of the:City and in'order to be
a vibrant community and attract people who want to live here there�needs;to`be community
services, convenience, walkability and transit. ChesenE�a,id the;way��te;�roperties are
going to be developed isn't going to attract those types of people because senior housing is
what has been proposed. Hogeboom showed a rna�b illus#rating"the ownership of each
parcel in Area A. Chesen stated that United Properties has;attended meetings and
questioned why they have been allowed to speaK if the issu� really is whether or not to
rezone the properties. He said it sounds to him.like a:deal.has already been done. Kluchka
stated that developers are a part of the:community and �re welcome to attend City
meetings. He said he wants it made clear thaf there is,>no malfeasance or arrangement
happening outside the law. Chesen said he has stated nothing but the facts. Hogeboom
stated that United Properties has made no official application submittal to the City.
Fred Gross, 7200 Harold Avenue,. asked if the City has considered selling part or all of
Brookview Park to satisfy the Metropolitah Council and to meet its vision. Kluchka said it
has been discussed in the p��t. 'Grimes added that a large portion of Brookview is in a
flood plain.
Brian Hillins, 340 Louisiana Av�nue N, said the Commission still needs to answer the
question ofi who is as�Cing�for this rezoning. He said he hasn't heard anything discussed but
trends �nd tol,� th� Gommission not to believe everything they read. He asked if these
properties,are bank owned why there aren't for sale signs on them. He said he thinks there
is qp,portunity for d,evelopers and personal homeowners, himself included, to consider
doing�a "flip" ��„d asked why that opportunity is only available to the private community and
not th�:public community. He stated there are currently 190 homes, condos, townhomes
and finrin horries for sale in Golden Valley and told the Commission to think about the tax
revenue of those 190 homes versus throwing somebody into an 800 square foot apartment.
The "bigger bang" would be to encourage people to buy these properties, increase the
value and get more property taxes rather than building a 5-story building with minimal
property taxes which would drive everybody else's values down. Grimes referred to the
question of who is asking for this and reiterated that the Planning Commission and City
Council chose to re-designate this area on the General Land Use Plan Map.
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 9
Diane Stelow, 7335 Ridgeway Road, asked if these properties could have driveways
entering and exiting on Highway 55 to get the traffic out of the neighborhood. Grimes said
that MnDOT has said no.
Kluchka said it is not hearsay that the population is changing so when they are asked who
is asking for this rezoning the City Council has to look long-term at the broader needs of
the community. McCarty added that the Metropolitan Council is asking for it because there
needs to be more room to accommodate additional people so the Planning Commission's
charge was to figure out the best way to utilize the property the City has.4,� �e ;,y
Erik Pedersen, 130 Louisiana Avenue N, asked if Golden Valley ha� any,5-story���uildings
next to residential property. Grimes said yes and mentioned Calvary, Cov�nant Manor and
Laurel Terrace Apartments as examples. He asked how many empty buildings�th'ere are
downtown and asked the Commission if they really believe it';�s in Gol:den Valley's best
interest to solve the senior housing problem. He said Golden�,l,alley is a sm�ll suburb in a
big metro area and people will go where the housing opp.ortun���es a�e� H'e said he doesn't
hear a single tax payer/voter asking for this. He added th�t.if the�City goes ahead and does
this they are doing it without any regard to what the`peaple who!�liwe in the neighborhood
think.
Fred Gross, 7200 Harold Avenue, asked if it is possible that Central Bank does not have
these properties marketed for sale because it is in thei� be$t interest to hold onto them for a
developer interested in buying them. He asked why there are not any developers at this
meeting and why there aren't any �teighbors in attendance saying that this is a wonderFul
idea. Grimes agreed that Centralf`.Bank is more�than likely waiting for the outcome of this
rezoning proposal before thr��tnpu�f���ip�roperties��on the market.
��
Les Heller, 7525 Harold Avenue���aid people don't come to public hearings because they
feel they don't have a voice fin #heir government. That what they say goes in one ear and
out the other. He said if something is this important it should be front page news and every
resident should get a letter.
Seeing and.hearing no one else wishing to comment. Waldhauser closed the public
hearin '`
9� ` .
Cera proposed fo.split the areas into two votes. Waldhauser started with Area B. She
statetl,.that ha�'<ing worked on the Comprehensive Plan update process she really does feel
that the Plan v�as aired in many ways. She feels the City is changing and people need to
change with:'ifi. She said that for commercial development to survive there needs to be
density around it. She feels this area is a great place for a more dense development that
will help get better transit and will help get some of the traffic off the local streets. She said
she thinks there has been forward thinking and this proposed rezoning has the best interest
of the community at heart.
Kisch said he is concerned about the rights of home owners being able to improve their
properties in Area A. He said that rezoning Area B to R-2 doesn't change property owners'
rights at all and won't impact what is there right now and will only be changed as the
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 10
market dictates. He added that the traffic concerns are valid and need to be addressed.
Cera agreed.
Schmidgall said he is in favor of recommending approval of the proposed rezoning for both
areas. He said this is all long term planning and the homes in Area A could stay forever. He
said they've talked a long time about providing a variety of housing types in Golden Valley
including higher density for an aging population and there could be a very attractive
development built in this area. He said he really tries to sort out the concerns he hears
during public hearing and thinks the traffic issues are a legitimate concern:but people worry
about change and prefer the evil they know to the evil they don't. He s�'id he�r'�a,lly doesn't
think there is an incentive for a developer to build something undesirable,at this ldcation.
Kluchka said this meeting was a great opportunity to hear from �he residents in:the area.
He said he is conflicted on how he feels about rezoning these properties and he wants the
traffic concerns further studied before he can support the rezoning. ,
�,�
McCarty agreed that traffic does need further study,.He s��i��there, is a �roblem with houses
sitting vacant and people shouldn't be pushed into singl�;#amily h�mes because that is part
of the reason the economy is how it is today. He said he �lso agrees with the need for
increased density and even though it's difficult to hear from the neighbors, rezoning this
property is for the overall good of the City so fie is inclined to support the proposal.
Kluchka asked about the opportunity to hear more abo.ut the traffic and safety concerns
before the rezoning is considered by the City Council. Grimes stated that when the
Comprehensive Plan was updated and re-designated to a higher density category, the
traffic was studied using various develapment scenarios. Kotila noted that the City Council
has received the forecastin�g repb`rt and specifics related to the proposed density. Grimes
added that the transportatio.n section of'�he updated Comprehensive Plan was done after
the land use section,so the C"ity could be sure that traffic issues were managed.
MOVED by Ceca, seconde�-:by Kisch and motion carried 5 to 1 to recommend approval of
rezoning Area B�from Si.r�gle Fai'nily (R-1) Residential to Moderate Density (R-2)
Residentia�l�. C�ra, Ki$ch; I�IIcCarty and Waldhauser voted yes. Kluchka voted no.
, �
�
Kisch said:the issue 'in Area A lies in the rights of the property owners' ability to make
changes and:add value to their homes and rezoning to R-3 limits what can be done. He
said he agreesithat the City needs a diverse group of housing choices because it makes for
a more solid and vibrant community, but he also needs to see what the traffic impacts are
really going to be. McCarty noted that until it is decided what kind of development is going
to be built, the traffic impacts are unknown. He added that he doesn't see these properties
being used long-term for single family housing.
Kluchka said his concerns are also about the traffic. He said he would like to look at
rezoning the properties to Mixed Use instead of R-3 because he wants this area to
contribute more to the neighborhood. Cera agreed that the idea of Mixed Use is intriguing
in this area. He said properties zoned R-3 could sit for a while and go downhill. Fie said R-2
might be a better choice. He added that there is a roomful of citizens who have concerns
Minutes of the Golden Valley Planning Commission
August 22, 2011
Page 11
that should be listened to and he can't support R-3 at this Iocation. He could support R-2 or
discussing Mixed Use. Kisch said a Mixed Use zoning designation would cause a bigger
issue with traffic. He said this is a stab at planning for the future and it can be rezoned or
re-designated in the future if needed.
Waldhauser said she is torn between rezoning Area A to R-3 or R-2 because R-2 doesn't
provide the opportunity for potential senior housing. She said she is not optimistic that a
developer will want to develop these properties as single family or finro-family homes.
Grimes suggested studying the possibility of allowing senior housing in a� R,2 zoning
district with a Conditional Use Permit. Kisch asked if the City could issue a Cortd�tional Use
Permit to allow a non-conforming use to be expanded. Grimes said;he would talk to the
City Attorney.
� ��;_
MOVED by Schmidgall, seconded by McCarty and motion ti�d to��ecommer�clerezoning
Area A from Single Family (R-1) Residential to Medium Densi�j/ (R=�) Corri���'iissioners
McCarty, Schmidgall and Waldhauser voted yes. Comrn�ssion��`rs Ce�a, �i�ch and Kluchka
voted no.
�,
--Short Rece`ss— � �
4. Reports on Meetings of the Housing and`Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
Waldhauser stated that the Board:of Zoning Appeals would like to Planning Commission
to address the issue of covered�and unc�vered;porches and landings. Hogeboom said he
would discuss the issue with;th� BQ���,at their next meeting.
5. Other Business
No other business was.discussed.
6. Adjourn`ment
The meeti�i�wa� adjourn�d at 10:03 pm.
,. , d, �
,;
�����i,
;;y �:;;
David A. Cera, Secretary
� �
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� _
763-593-8095/763-593-8109 (fax)
Date: August 31, 2011
To: Planning Commission
From: Joe Hogeboom, City Planner
Subject: Rezoning Property at 6601 Medicine Lake Road from "Single Family (R-1)
Residential" to "Moderate Density (R-2) Residential"
Background
Paul B. Kelley, owner of the property at 6601 Medicine Lake Road, has petitioned the City
to rezone the property to Moderate Density (R-2) Residential. The property is currently
zoned Single Family (R-1) Residential. The General Land Use Plan Map designates the
property as "Residential Low Density", allowing it to be classified as either R-1 or R-2.
There is currently a vacant single family house located on the property. While the applicant
has no immediate plans to remove the house, he does anticipate developing a twin home
on the property in the future. The property is being maintained.
Moderate Density (R-2) Residential Zoning District
The Moderate Density (R-2) Residential zoning designation would permit new single family
home development as well as new multi-family residential development of up to 8 units per
acre. This would include twin-homes, duplexes and small townhome developments.
Homes could not exceed 30 feet in height.
Based on the size of the parcel, it is unlikely that anything other larger than a twin home or
duplex could be constructed. If this rezoning occurs, the single family home would remain
as a legally conforming land use. The home can continue to function as it does under
existing zoning criteria.
Recommended Action
Staff recommends rezoning the property at 6601 Medicine Lake Road to Moderate Density
(R-2) Residential, finding that:
• The General Land Use Plan Map permits this action to occur.
• The property is Iocated on a County State Aid Highway across from a school and
behind an educational facility (the former Sandberg Middle School); therefore the
area is appropriate for lower density multi-family housing.
1
Attachments
Location Map (1 page)
Moderate Density Residential (R-2) Section of the Zoning Code (4 pages)
Aerial Photo of the Property (1 page)
Photos of Property (2 pages)
Zoning Map (1 page)
2
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§ 11.22
' Section 11.22: Moderate Density Residential
Zoning District (R-2)
Subdivision 1. Purpose
The purpose of the R-2 Zoning District is to provide for single and two-family
: dwellings at a moderate density (up to eight (8) units per acre) along with directly
related and complementary uses.
Subdivision 2. District Estab�ished
Properties shall be established within the Two-Family (R-2) Residential Zoning
District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter,
and when thus established shall be incorporated in this Section 11.22, Subdivision 2
by an ordinance which makes cross-reference to this Section 11.22 and which shall
become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set
forth herein. In addition the Two-Family (R-2) Residential Zoning Districts thus
established, and/or any subsequent changes to the same which shall be made and
established in a similar manner, shall be reflected in the official zoning map of the
City as provided in Section 11.11 of this Chapter.
Subdivision 3. Permitted Uses
The following uses and no other shall be permitted in the R-2 Residential Districts:
A. Single Family dwellings
B. Two-Family dwellings
C. Townhouses
D. Foster Family Homes
E. Home occupations, as regulated by Section 11.21, Subdivision 15
F. Essential Services - Class I
G. No more than one (1) kitchen area and one kitchenette shall be permitted in
each dwelling unit
Subdivision 4. Accessory Uses
The following accessory uses and no other shall be permitted in the R-2 Zoning
District:
A. Accessory structures, including private garages as defined in this Chapter.
Subdivision 5. Conditional Uses
The following conditional uses may be allowed after review by the Planning
Golden Valley City Code Page 1 of 4
§ 11.22
Commission and approval by the Council following the standards and procedures
set forth in this Chapter:
A. Residential facilities serving from seven (7) to twenty-five (25) persons
B. Group foster family homes
Subdivision 6. Buildable Lots
In the R-2 Residential Zoning District a lot of a minimum area of eleven thousand
(11,000) square feet shall be required for any principal structure. A minimum lot
width of one hundred (100) feet at the front setback line shall be required.
Subdivision 7. Corner Visibility
All structures in the R-2 Zoning District shall meet the requirements of the corner
visibility requirements in Chapter 7 of the City Code.
Subdivision 8. Easements
No structures in the R-2 Zoning District shall be located in dedicated public
easements.
Subdivision 9. Maximum Coverage by Building and Impervious
Surfaces
Structures, including accessory structures, shall not occupy more than thirty
percent (30%) of the lot area. Total impervious surface on any lot shall not exceed
fifty percent (50%) of the lot area.
Subdivi�ion 10. Principal Structures
Principal structures in the R-2 Zoning District shall be governed by the following
requirements:
A. Setback Requirements. The following structure setbacks shall be required for
principal structures in the R-2 Zoning District. Garages or other accessory
structures which are attached to the house or main structure shall also be
governed by these setback requirements, except for stair landings up to
twenty-five (25) square feet in size and for handicapped ramps.
1. Front Setback. The required minimum front setback shall be thirty-five
(35) feet from any front property line along a street right-of-way line.
Open front porches, with no screens, may be built to within thirty (30)
feet of a front property line along a street right-of-way line.
2. Rear Setback. The required rear setback shall be twenty percent (20) of
the lot depth.
3. Side Setback. The required side setback shall be fifteen (15) feet.
4. Corner Lot Setbacks. To determine the rear yard setback, use the longer
lot line. To determine the side yard setback, use the shortest lot line.
Golden Valley City Code Page Z of 4
§ 11.22
B. Height Limitations. No principal structure shall be erected in the R-2 Zoning
District to exceed a height of thirty (30) feet as defined in the City's building
code.
C. Cornices and Eaves. Cornices and eaves may not project more than thirty
(30) inches into a required setback.
D. Decks attached to principal structure. Decks over eight (8) inches from
ground level shall meet the same setbacks as the principal structure.
Subdivision 11. Accessory Structures
Accessory structures shall be governed by the following requirements:
A. Location and Setback Requirements. The following location regulations and
setbacks shall be required for accessory structures in the R-2 Zoning District:
1. Location. A detached accessory structure shail be Iocated completely to
the rear of the principal structure, unless it is built with frost footings. In
that case, an accessory structure may be built no closer to the front
setback and side setback as the principal structure. If an addition is built
on to an existing principal structure that would create a situation where
an existing garage or accessory structure would not be completely to the
rear of the addition to the principal structure, the addition to the principal
structure may be built and the existing garage or accessory structure may
remain and be considered conforming as long as there is at least ten (10)
feet of separation between the existing principal structure with the
addition and the existing garage or accessory structure. Additions may be
made to the existing garage or accessory structure as Iong as the ten
(10) feet of separation can be met.
2. Front Setback. Accessory structures shall be located no less than thirty-
five (35) feet from the front property line along a street right-of-way line.
3. Side and Rear Setbacks. Detached accessory structures shall be located
no less than five (5) feet from a side or rear yard property line.
4. Separation between Structures. Accessory structures shall be located no
less than ten (10) feet from any principal structure and from any other
accessory structure.
B. Height limitations. No accessory structure shall be erected in the R-2 Zaning
District to exceed a height of one (1) story. One (1) story may not exceed
ten (10) feet from the floor to the top plate. Attic space in accessory
structures shall be used only for storage and/or utility space.
C. Garage Construction Required. No building permit shall be issued for the
construction of a new principal structure in the R-2 Zoning District not
Golden Valley City Code Page 3 of 4
§ 11.22
including at least a one (1) stall garage per dwelling unit. Single family
dwelling units shall require a two (2) stall garage.
D. Accessory structures including detached and attached garages, detached
sheds, greenhouses and gazebos shall be limited in size to a total of six
hundred fifty (650) square feet per dwelling unit. Swimming pools are not
included in this requirement.
E. Decks. Free standing decks or decks attached to accessory structures shall
meet the same setback requirements as accessory structures.
F. Swimming pools. Swimming pools shall meet the same setback and location
requirements as accessory structures.
G. Central Air Conditioning Units. Central air conditioning units shall not be
allowed in the front yard of any single or two-family dwelling.
Source: Ordinance No. 371, 2nd Series
Effective Date: 07-13-07
H. Photovoltaic Modules. Free-standing Photovoltaic modules, including solar
panels and other photovoltaic energy receivers, which are in excess of three
(3) square feet shall meet the same setback, location and height
requirements as accessory structures.
Source: Ordinance No. 443, 2nd Series
Effective Date: 8-13-10
Subdivision 12. Garden Structures
Garden Structures shall be located no closer than five (5) feet to any property line.
Garden Structures shall not exceed ten (10) feet in height.
Source: Ordinance No. 433, 2nd Series
Effective Date: 2-26-10
Go/den Valley City Code Page 4 of 4
Hennepin County Property Map - Tax Year: 2011
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disdosed by an accurate survey pertormed by a licensed
land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only.
Hennepin County does not 9uarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives.
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Selected Parcel Data Date Printed: 9/6/2011 10:28:01 AM
ParcelID: 29-118-21-ii-0003 Current Parcel Date: 8/3/2011
Owner Name: PAUL B KELLEY
Parcel Address: 6601 MEDICINE LAKE RD,GOLDEN VALLEY, MN 55427
Property Type: RESIDENTIAL Sale Price: $41,750.00
Homestead: NON-HOMESTEAD Sale Date:OS/2011
Area(sqft): 22846 Sale Code:
Area(acres):0.52
A-T-B:ABSTRACT
Market Total:$130,000.00
Tax Total: $2,743.80
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763-593-8095/763-593-8109 (fax)
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Date: August 31, 2011
To: Planning Commission
From: Joe Hogeboom, City Planner
Subject: Livable Communities Act— Housing Action Plan
Chair Waldhauser has requested that the Planning Commission review and discuss the
Livable Communities Act Housing Action Plan. The Plan is a required component of the
City's participation in the region-wide Livable Communities Act Local Housing Incentives
Account Program. The program enables subsidized housing developments in the City to
apply for federal and state site rehabilitation grants.
The City Council adopted the Action Plan in May. The Action Plan is based on the Housing
Chapter of the Comprehensive Plan. It outlines goals and objectives as they relate to
access to quality and affordable housing in Golden Valley.
When the Planning Commission reviews projects and proposals that impact residential
development, such as residential rezoning petitions, the Commission may want to
consider elements of the Action Plan. Chair Waldhauser will lead a discussion about the
Action Plan and its applicability to Planning Commission-related work.
Attachments
Livable Communities Act Housing Action Plan (6 pages)
1
Livable Communities Act - Housing Action Plan
City of Golden Valley, Minnesota
May 3, 2011
I — Introduction
In August, 2010, the City of Golden Valley passed a resolution that renewed its
participation in the Metropolitan Livable Communities Act Local Housing Incentives
Account Program (LCA LHIA). The program, aimed at creating and maintaining quality
workforce and affordable housing in suburban Minneapolis/St. Paul communities, has
been in place since 1996. The City of Golden Valley has participated in this program
since its inception. Participation in the program has made the City eligible for various
funding opportunities.
The City has elected to continue its participation in the program through 2020. As part of
the continued participation, the Metropolitan Council has asked the City to establish the
goal of adding 68-104 new affordable multiple dwelling housing units and 100-200 life-
cycle housing units by 2020. This Housing Action Plan, a required component of the
City's participation in the LCA LHIA program, will aid the City in achieving its affordable
and life-cycle housing goals. The Housing Action Plan is a required to be on file with the
Metropolitan Council in order for the City to receive LCA grants.
This document identifies various goals and objectives, identified through the City's
Comprehensive Plan, that aid in preserving affordable housing in Golden Valley. Livable
Communities principals that are achieved by each item are highlighted within the report.
II - Housing Quality
Promote a high-quality living environment, the preservation of stable residential
neighborhoods, and where necessary, improvement of the condition of existing housing
stock in the City.
Objectives
■ All housing meets or exceeds the quality standards established in City ordinances.
■ Identification and removal of substandard housing units that are economically
unfeasible to rehabilitate.
Policies
1. The City will use the Residential Property Maintenance Code (RPMC) and other
quality standards established in the Golden Valley City Code to determine whether a
house is substandard or in need of repair, except where a particular funding program
or regulation specifies an alternate definition.
2. The City will routinely evaluate the RPMC and amend as necessary to maintain or
improve the quality of the City's housing stock. A study will be conducted to identify
improved processes for handling vacant or abandoned residential properties or
those residential properties for which the owner cannot be contacted or does not
make required improvements.
3. The City and the Housing and Redevelopment Authority may work with property
owners to ensure that all housing units are of high quality construction. The City will
ensure that all housing units adhere to applicable City Maintenance Codes, which
work to enhance the quality and visual appearance of the property.
4. The City may, if necessary, use its legal authority to remove substandard housing for
which rehabilitation has been determined to be economically unfeasible.
5. The City will continue enforcement of the Lighting Ordinance to promote resident
safety and appropriate lighting in residential neighborhoods.
6. The City will help protect the quality of its housing stock by promoting to real estate
agents and prospective home buyers or sellers the practice of contracting for private
home inspections prior to purchase of any Golden Valley home. Promotional efforts
may include but shall not be limited to periodic educational items in City publications
and information made available to the public by City staff.
7. The City will establish a list of qualifying criteria as a basis for selection for targeted
Community Development Block Grant funds. The City will give high priority to
rehabilitating its aging housing stock when determining the appropriate use of
Community Development Block Grant funds.
8. The City may seek out or develop financial assistance programs to help low- and
moderate- income property owners address deteriorating housing problems.
9. The City will continue its relationship with Center for Energy and Environment or
similar agencies to assist residents in locating resources and financial assistance for
home rehabilitation.
10.The City will continue to work with owners and managers of multi-family housing and
group home facilities through rental licensing and the Safer Tenants and Rentals
(STAR) program. The City will consider developing a similar program to cover
single- and two-family rental housing to ensure that housing quality standards are
met for all rental units.
11.The City will investigate and promote resources for aging and disabled residents to
safely remain in their home as desired.
III - Housing Variety
Promote a variety of housing types and designs to allow all people housing choices.
Objective
� Provide a mix of housing types, including multiple family housing, single family
housing, and lifecycle housing options.
� Provide a housing options that are affordable to people of all income levels.
Policies
1. The City will continue to offer the flexibility of the Planned Unit Development option
to housing developers who demonstrate an ability to successfully apply
contemporary design philosophies.
2. The City may guide for infill areas and redevelopment sites for single-family attached
and multiple family residential uses along major streets when appropriate.
3. The City may assist in attempts to obtain any applicable funds for city approved
development proposals designed to maximize the opportunity of providing a variety
of housing types, costs, and densities that meet City objectives. Sources may
include, but are not limited to, federal programs such as the Home Investment
Partnership Program (HOME) or Section 202 financing for senior housing, state aid
such as the Low Income Tax Credit Program or the Low/Moderate Income Rental
Program, Metropolitan Council funds such as the Local Housing Investment
Account, or nonprofit assistance such as the Family Housing Fund or Habitat For
Humanity.
4. The City will identify underused, nonresidential sites where the vacant area may be
suitable for higher density residential use.
5. The City will research techniques used in alternative dispute resolution processes,
such as mediation, for assistance in formulating citizen involvement guidelines that
channel discussion of housing development proposals along a productive course.
6. The City will encourage multi-family housing, whenever possible, to provide an
alternative for those who are unable or unwilling to maintain a traditional single-
family type property.
IV - Affordability
Housing opportunities at a cost that low- and moderate- income households can afford
without compromising essential needs.
Objectives
■ At least 20% of the City's housing supply in quality units that are affordable to low-
and moderate- income households.
Policies
1. The City will consider potential housing affordability impact prior to adopting or
amending any development-related or construction-related regulation. Negative
impacts will be balanced against concerns for the general public health, safety, or
welfare. Where possible, strategies for mitigating negative affordability impacts will
be identified.
2. The City may meet with owners of subsidized properties eligible to leave the subsidy
program, to learn about their plans and to discuss obstacles that may keep them
from renewing their program contract.
3. The City may meet with owners of market rate rental properties to discuss
participation in the federal Section 8 voucher program and to ask what might make
vouchers more acceptable.
4. The City may meet with owners of lifecycle and senior housing to discuss ways to
promote housing affordability and retain the housing option in the community.
� 5. The City will use the Livable Communities definition of affordable housing, which
defines affordable housing as: "owner occupied housing that costs no more than
30% of the income of a household earning 80% of the median income level as
estimated annually by HUD, and rental housing should cost no more than 30% of the
income of a household earning 50% of the median income in the Twin Cities
Metropolitan Area."
6. If a new development or redevelopment proposal requires removal of modest-cost
homes or would significantly increase traffic, noise or create other negative impacts
on nearby homes the City will consider and attempt to reasonably mitigate the loss
of, or impact on, housing affordability and the supply of modest cost single family
homes. However, such consideration will not necessarily override other legitimate
development concerns.
V - Sustainability
Housing development maintains or enhances economic opportunity and community
well-being while protecting and restoring the natural environment. Housing
Development meets current needs while leaving future generations as many options for
resource use and development as possible.
Objectives
■ New housing developments meet or exceed energy efficiency standards and
implement sustainable design features where possible.
■ Improvements made to existing housing meet or exceed energy efficiency standards
and implement sustainable design features where possible.
■ Sustainable development options are identified that do not compromise the
affordability of housing.
1. The City will encourage energy efficient and sustainable development that meets
standards established by programs such as Leadership in Energy and
Environmental Design (LEED), Mayors Climate Initiative, MN GreenStar, and Energy
Star.
2. The City will encourage development that saves or increases green spaces, parks,
and trails.
3. The City will review new housing development projects for adequate public or private
parkland, open and natural space, and recreational space.
4. The City will accommodate energy conserving technologies and construction
techniques, including active and passive solar energy features, by advocating their
use in application for new residential development and by amending City Code or
City policies as appropriate to allow residents to take advantage of new approaches.
VI - Nondiscrimination
Promote and encourage equal opportunity in renting and purchasing homes.
Objectives
■ No discrimination against persons seeking housing based on age, religion, race,
ethnic origin, sexual preference, sex, or disability.
Policies
The City's Human Rights Commission will continue its role as a forum for discussion of
discrimination issues by conducting ongoing education efforts as necessary to promote
equal availability of housing opportunities and fair treatment of all renters and buyers
regardless of age, sex, marital status, public assistance status, sexual orientation,
disability, familial status, income level, religious affiliation or ethnic background.
1. A Livable Communities impact evaluation shall be included as part of the
consideration of any housing-related development application. Potential impacts on
all Livable Communities benchmark areas shall be considered, but those areas may
not be weighed equally, nor will this evaluation necessarily take precedence over
other concerns that may be voiced in connection with the application.
VII — Implementation
The implementation of the Housing Action Plan will be achieved through various
controls. The primary controls that are available to enable housing action policies are
zoning, subdivision regulations, building code, and potential design requirements for
public improvements.
Official actions will be done through the Planning Commission, Housing and
Redevelopment Authority, and City Council. The City's housing goals are ongoing
measures and will be continually monitored through the Planning Department. The
Planning Department staff can be reached at 763-593-8095 for questions or requests
for additional information.