03-27-06 PC Agenda
AGENDA
Golden Valley Planning Commission
Joint Meeting with the Environmental Commission
Lighting Ordinance Discussion
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday, March 27, 2006
6pm
I. Lighting Ordinance Discussion
Golden Valley Planning Commission
Regular Meeting
7pm
I. Approval of minutes
February 27, 2006 Planning Commission Meeting
II. Discussion about creating a Mixed Use land Use Category for the General
land Use Chapter of the Comprehensive Plan
III. Reports on meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other meetings
IV. Other business
V. Adjournment
.
Regular Meeting of the
Golden Valley Planning Commission .
February 27, 2006
.A regular meetir;lg of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
Feb-ruary 27, 2006. Chair Keysser called the meeting to order at 7 pm.
Those present were Commissioners Cera, Eck, Hackett, Keysser, Kluchka, Schmidgall
and Waldhauser. Also present were Director of Planning and Develo tt Mark
Grimes, and Administrative Assistant, Lisa Wittman.
1. Approval of Minutes
February 13, 2006 Planning Commission Meeting
.
MOVED by Eckt seconded by Kluchka and motion
February 13, 2006 minutes as submitted.
2. Informal Public Hearing - Repealing in it
Parking and Loading Regulations and
Parking and Loading Regulations.
Requirements in the Commercial,
Professional Offices and Instit
ction 11.70 Off-Street
ection 11.70 Off-Street
ing and Parking
t dustrial, Business and
icts
Grimes reminded the Comm'
Loading Regulations ordi
is to have this public hea
Loading Regulationsordi
the zoning districts
'ewed the new Off-Street Parking and
last meeting. He explained that the next step
epeal the existing Off-Street Parking and
d the references to parking requirements in all of
opt the new parking ordinance.
changes being made to the parking ordinance.
ntly parking requirements are located in several different
and having them located in one ordinance will be a lot
op e. He discussed some of the changes being proposed such
king spaces required for manufacturing and warehouse uses. He
found that most warehouses don't have a lot of employees and the
with a lot more parking than is needed.
Kluchka referred to Section G and asked if there is a definition for rain gardens.
Grimes said he would add a definition regarding rain gardens to the code.
Waldhauser said she would eventually like to see some sort of trade,..off for people
who use rain gardens and permeable surfaces for parking. Grimes explained that
permeable surfaces are not recommended for spaces that are going to be used all of
the time and that it is used more for occasional overflow parking like at the State Fair
. or something similar.
Minutes of the Golden Valley Planning Commission
February 27,2006
Page 2
. Hackett referred to the angle parking diagram and asked for clarification regarding
letter "E". Grimes said he would review it.
Kluchka referred to section X regarding bicycle racks and suggested thaflanguage
be added about requiring that they be secured to something. Grimes said he could,
add language stating that bicycle racks need to be secured to the ground or a
building. .
Waldhauser referred to Subdivision 3, colleges and universities and a
"based on design capability" means. Grimes suggested changing
base the parking on a school's capacity.
"
ed about the
ing plans are part of
Waldhauser asked if commercially zoned areas get credit f .
spaces. Grimes explained that that is very difficult to do.
projects are PUDs which can vary from the parking requir
Waldhauser referred to the landscape design la
approval process and standards. Grimes expl
the application or PUD review process done b
.
Keysser opened the public hearing. H
Keysser closed the public hearing.
o one wishing to speak
MOVED by Eck, seconded by
following:
carried unanimously to approve the
. Repeal in its entirety
and adopt a new c
..Street Parking and Loading Regulations
Off-Street Parking and Loading Regulations.
. RepealLoa
Industrial, B
equirements in the Commercial, Light Industrial,
Professional Offices and Institutional Zoning Districts
3.
earing - Deleting and adding definitions in Section 11.03 entitled
ng to parking and multiple dwellings
Grimes e d that this public hearing is required in order to delete and add certain
definitions to the zoning code relating to parking and multiple dwellings.
Keysser opened the public hearing. Hearing and seeing no one wishing to speak
Keysser closed the public; hearing.
.
MOVED by Waldhauser, seconded by Cera and motion carried unanimously to
approve the following:
Minutes of the Golden Valley Planning Commission
February 27,2006
Page 3
. Delete the following definitions from Section 11.03:
#35 Elderly (Senior Citizen) and Handicapped housing
#7Q Parking Lot. .
#71 Parking Ramp
#72 Parking Space
Add the following definitions to Section 11.03
4. Informal Public Hearing - Repealing in its entir
Residential (R-2) and adopting a new Sectio
Zoning District (R-2)
, Two-Family
te Density Residential
#30.5 Dwelling - Senior and Physical Disability Housing
#33.5 Dwelling Units
#52.3 Kitchen
#52.6 Kitchenette
#76.5 Rain Garden
.
Grimes explained that this is another ord'
been working on over the past severa
being proposed such as the minimum
feet to 11,000 square feet and al
district so as not to create non-
anning Commission has
sed some of the changes
changed from 12,500 square
homes in the new R-2zoning
Waldhauser referred to
location of accessory str
language to make s i
)(1) and noted that the language regarding the
orrect. Grimes said he would change the
the language in the R-1 zoning district.
n 11 (E) and noted that the words accessory
d to accessory "structure". She suggested that a table be
ious requirements in each zoning district such as setbacks,
. Grimes said staff could write something.
t ubdivision 11 (G) regarding central air conditioning units and
age is consistent in the other zoning districts. Grimes said yes.
Kluchka a there are setback areas for central air conditioning units. Grimes said
he didn't think so but he would check with the Building Official.
Keysser opened the public hearing. Hearing and seeing no one wishing to speak
Keysser closed the public hearing.
MOVED by Eck, seconded by Cera and motion carried unanimously to repeal in its
entirety Section 11.22, Two-Family Residential (R-2) and adopt a new Section 11.22,
. Moderate Density Residential Zoning District (R.2)
Grimes explained that the reason staff is recOmmending changes to the. Multiple
Dwelling zoning district is because there is a conflict with the Comprehensive Plan
matching the Zoning Map. He explained that the proposed new ordinances replace the
existing Multiple Dwelling zoning district.
Waldhauser referred to Su
limit of 14 stories. Cera r
a conditional use permit.
Grimes reminded the Commission that at their last meeting there
about the density bonus regarding underground parking. He expla
he is recommending the density bonus in the R-3 and R-4 zo
underground parking is utilized at a much higher rate than
and it will give the City a little more open space.
discussion
reason
cause
aces
Waldhauser asked about parking ramps. Grimes sa'/
residential developments.
.
Cera asked why the R-3 district allows for fron
front property line, but the R-2 district do
generally be 15 to 20 units per acre a
whereas R-4 buildings would proba I
that he would talk to the Building
be built to 17 feet to the
d that R-3 buildings would
open front yard space
ithout front porches. He stated
g language regarding balconies.
the R4 ordinance and asked about the height
at any building above 8 stories would require
ers agreed.
Kluchka stated that
providing a bon for
added to th or
bonus is not a sizable bonus if the City is looking a
ousing. He said that perhaps a better bonus could be
e future.
lc.hearing. Hearing and seeing no one wishing to speak
ublic hearing.
MOVED b dhauser, seconded by Cera and motion carried unanimously to
approve the following:
· Adopt Section 11.23, Medium Density Residential Zoning District (R-3)
· Adopt Section 11.24, High Density (R-4)
· Repeal in its entirety Section 11.25, Multiple Dwelling Zoning District
.
Minutes of the Golden Valley Planning Commission
February 27, 2006
Page 5
. 6. Informal" PubliC Hearing - Amending Section 11.21, Single Family Zoning District
(R-1) SubdivisionE regarding the size of accessory structures "allowed in the R~f
zoning distrIct .
Grimes ~xplained that the current zoning code allows up to 1,000 square feet of .
accessory structure space in the R-1 single family zoning district. He ~tated that the
issue of allowing larger accessory structures came from the BZA because they have
heard several requests from residents wanting more accessory structure space
because they have larger lots. He stated that the reason accessory st tures are
limited to 1,000 square feet is because they could be larger than t I structure
or they could be potentially used for home occupations. He remin mission
that the last time they talked about this they thought 1,250sq e the
maximum amount of accessory structure space allowed.
Keysser opened the public hearing.
that . lot is almost an acre with a
is trying to design a new
's options are. He stated that he is
ou 1I0w 1,250 square feet of
w him to store his stuff inside.
Waldhauser added that the BZAthought that if people ha
reasonable to allow them to have more accessory st ur
.
Willie Anderson, 5249 Golden Valley Ro
small house and a small attached gar
detached garage and is trying to unde
happy about the proposed code
accessory structure space bec
MOVED by Cera, secon
changing the R-1 Single
structure space for
accessory structure
nd motion carried unanimously to approve
in 'istrict to allow 1,000 square feet of accessory
15,000 square feet in size and 1,250 square feet of
els greater than 15,000 square feet in size.
7. Informal Pu
Profe
acce
9 - Amending the Institutional, Commercial, Business and
ht Industrial and Industrial Zoning Districts to allow for
Grim expla t currently accessory structures are not allowed in any non-
residen districts. He stated that there have been requests from businesses
for gazeb garage space for storing lawn equipment, etc. He said that allowing
up to 1,000 square feet of accessory structure space may be appropriate in certain
locations.
Kluchka asked if generators or back-up generators would be including in accessory
structure space requirements. Grimes said things like that would not be considered
accessory structures, but they still have to meet setback requirements.
.
Minutes of the Golden Valley Planning Commission
February 27,2006
Page 6
. Schmidgall said that he has concerns about cluttering up some of these Institutional or
Commercial properties. He said that these uses can be incorporated in to theinside of
buildings and that he is adamantly opposed to using these proposed accessory . "
structures. for smoking structures.
Grimes said fhaf his understanding of the smoking ordinance IS that as long asa
structure is 25 feet from an entrance, .no one is eating or drinking and employees don't
use it, then people could smoke in them. '
.
Keysser said he thinks the issue of smoking in these types of struc
covered under the smoking ordinance because they would still be
employment.
Schmidgall said his understanding is that this proposed 0
driven by companies that want smoking structures.
Cera suggested moving it forward to the City Co
added that he wants it noted that smoking in t
big concern of the Planning Commission. Key
give an opinion.
them decide. Kluchka
essory structures is a
ed having the City Attorney
Grimes suggested that accessory stru
with a Conditional Use Permit. S
accessory structures all over t
allowed in these zoning districts
concerned about having
Waldhauser stated that
of their buildings and will
rojects are going to have storage space inside
PUD.
Eck said he doesn't
go outside to s
e issue about smoking because people are going to
o cares if they go under a shelter to smoke.
about the Planning Commission's concerns in his staff
public hearing. Hearing and seeing no one wishing to speak
e public hearing.
Schmidgall stated that he is opposed to the recommended ordinance. He said he
would like every structure to come before some type of City body so tin shacks are
not put up. Keysser noted that the accessory structures in question would still require
a building permit and that the ordinance does address the design of accessory
structures.
.
Minutes of the Golden Valley Planning Commission
February 27. 2006
Page 7
. Kluchka said it is important for the Inspections Department to know that this issue is
important to the Planning Commission. Keysser reJterated that he would like the City
Council to seek a legal opinion.
MOVED bY' Eck, seconded by Waldhauser and motion carried 6 to 1to approve
amending the. Institutional, Commercial, Business and Professional Offices, Light
Industrial and Industrial Zoning Districts to allow for accessory structures.
Commissioner Schmidgall voted no.
Keysser referred to the
encouraged the Co iss'
--Short Recess--
8. Reports on Meetings of the Housing and Redevelop
Council, Board of Zoning Appeals and other Meeti
ty
No other meetings were discussed.
9. Other Business
.
Keysser informed the Planning CommissO
from the Planning Commission. He st
to address design guidelines he woul
omm' ioner Hackett is resigning
ing Commission continues
ackett has an advisor.
Keysser referred to the Plannin
would like to present it to th
Annual Report and stated that he
arch 21,2006 meeting.
a chure that was in the agenda packet and
register for seminars they might be interested in.
Waldhauser sta
committee. She
to help ad
discuss t
going to be re-creating a citizen planning
e committee will have 3 or 4 professional planners on it
'i!anners and offer training. She suggested that they
tU"
ain in the future.
10.
s adjourned at 8:45 pm.
.
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.
lIey
Planning
763-593-8095 I 763-593-8109 (fax)
Date:
March 22, 2006
To:
Golden Valley Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
New General Land Use Category for Olympic Printing Site at the Northwest
Corner of Golden Hills Dr. and Xenia Ave.
.
The City Council has received a request from Union Land X, LLC, represented by Frank Dunbar,
to allow for a mixed use development to be constructed on the former Olympic Printing site. The
site is approximately 6 acres in size. The proposal is for a mixed use development that includes
an 85-unit condominium building, a 200,000 sq. ft. office building with an additional 10,000 sq. ft.
of retail on the main level. The proposal also includes a parking ramp along with outdoor space
for dining and gathering.
This site is currently designated on the City's General Land Use Plan Map as Light Industrial.
This category includes warehousing and storage, light manufacturing, truck terminals, office and
large scale specialty retail operations such as lumber yards, green houses and vehicle sales. A
mixed use development is not included within this land use category. The property is zoned Light
Industrial. Within that zoning district, residential and general retail uses are not permitted.
Therefore, the proposal submitted by Mr. Dunbar cannot be considered by the City until there is
first a change to the General Land Use Plan and second, a change to theZoning Code and
zoning map. At the March 6, 2006 City Council meeting, the Council discussed the request by Mr.
Dunbar to amend the General Land Use Plan in order to allow the zoning to be changed to permit
his proposal. State law requires that the zoning map must be consistent with the General Land
Use P-Ian.
I prepared a memo for the City Council to look at alternatives regarding the amendment of the
General Land Use Plan for considering a mixed use land use category for this site (attached).
After discussion on March 6, the Council referred this matter to the Planning Commission. The
role of the Planning Commission is to draft a mixed use land use category for the General Land
Use Plan. The draft would then be taken back to the City Council for review prior to it being put
through the public hearing process and possible adoption of this amendment to the General Land
Use Plan.
... The City Council does appear to be interested in looking at this property for a mixed use
development because a mix of uses may have positive impacts on the neighborhood (for
example, providing housing and shopping) and reduce peak hour traffic when compared to a
single use development such.as an office building.
.
.
.
As stated above, the Olympic Printing site is now designated on the General Land Use Plan map
for Light Industrial uses. This land use category is described as follows:
This category includes warehousing and storage, assembly and light manufacturing,
truck/van terminals,. utility installations, offices, and large-scale specialty retail operations
such as lumber yards, greenhouses, and vehicle sales/rentallots.
The zoning map indicates that the zoning is Light Industrial. Within that zoning district, there are a
number of permitted and conditional uses. Attached is a copy of this zoning district's regulations.
I am attaching a copy of the Land Use Plan Chapter of the Comprehensive Plan that was
approved by the City Council in 1999. This includes the General Land Use Plan map. Each of the
17 land use categories is explained in Exhibit C starting on Page 6. (Note that all 17 categories
are not shown on the General Land Use Plan map. For instance, vacant land and floodplains are
not indicated on the map.)
Planning Commission Assignment
The City Council has asked the Planning Commission to come up with a mixed use land use
category definition by May 2006. This would be added to Exhibit C starting on Page 6 of the Land
Use Plan Chapter. In order to add such a category, the Planning Commission should review the
Land Use Plan Chapter to determine if such a mixed use category is consistent with the city's
land use goals, policies and objectives. Staff would like the Commission to begin thinking about
this issue at the March 27 meeting and continue its discussion at the meeting in April.
Staff will be seeking advice from URS, Inc, the planning consultant that is doing the 1-394 Corridor
study. As part of the Corridor study, mixed uses are being proposed. The consultant will be
providing staff with information on wording for a mixed use land use. category in the next couple of
weeks.
If the City Council does adopt a new mixed use land use category for the Olympic Printing site, a
new mixed use zoning category would also have to be created. (As an alternative, the City could
use the PUD process for larger mixed use developments.) As part of the 1-394 Corridor Study,
one of the outcomes is the development of a mixed use zoning district. At this time, the Planning
Commission has not been asked to consider a mixed use zoning district.
I am enclosing a page entitled "Various Mixed Use Descriptions from the Internet" that describes
how various cities or organizations may describe mixed use development. I thought it may be
helpful in your consideration.
Attachments
Executive Summary for Action from Mark Grimes dated March 6, 2006 (3 pages)
Comprehensive Plan Map (2 pages)
Zoning Map (2 pages)
Various Mixed Use Descriptions from the Internet (7 pages)
General Lancj Use Plan -A Balanced Approach to the 21st Century (16 pages)
Light Industrial chapter of the Zoning Code (8 pages)
.
.
.
Hey
Mem ra dum
Planning
763-593-8095/763-593-8109 (fax)
Executive Summary For Action
Golden Valley City Council Meeting
March 6, 2006
Agenda Item
7. B. Traffic Considerations and Proposed Comprehensive Land Use Plan Map Amendment-
Golden Hills Area
Prepared By
Mark Grimes, Director of Planning and Development
Summary
At the February 14, 2006 City Council/Manager meeting, the Council held a discussion with
Consulting Traffic Engineer Glen Van Wormer. The purpose of the discussion was to review
traffic information for the Golden Hills area, consider the impacts of additional development
on the Miner site and the Colonnade site and review the status of the 1-394 Corridor Study.
Staff scheduled this discussion because there are two upcoming planning actions pending for
the Miner and Colonnade sites.
The 1-394 Corridor Study is well underway. It is anticipated that a draft of the final report will
be submitted to the staff within the next two months.
The Colannade PUD amendment application is scheduled to be heard at an informal public
hearing by the Planning Commission on March 13, 2006. The application calls for the change
of the existing Colonnade PUD permit to allow a 240,000 square foot office building to be
constructed at the southeast corner of Xenia Avenue and Golden Hills Drive in lieu of a 240
unit hotel.
The Union Land proposal is the subject of this memo. Frank Dunbar, representing Union
Land X, LLC, has a purchase agreement on the Miner site. His current plans call for the
construction of an 84 unit condominium, 10-12,000 square feet of retail space and 200,000
square feet of office space. In order for this type of development to be considered by the City,
he has requested that the General Land Use Plan map be amended from the current Light
Industrial category to a mixed-use category. (The City does not currently have a mixed-use
category. This would have to be created.) The amendment of the General Land Use Plan
map (which is a part of the City's Comprehensive Plan) is subject to a different amendment
process than other planning matters. The City Council may decide bya simple majority vote
to either maintain the existing General Land Use Plan map category or begin the process to
consider a change to the map. This change to the General Land Use Plan map must be
made prior to consideration of a PUD that would permit the mixed-used development to be
constructed. In the case of a request to amend the General Land Use Plan map, the City .is
not subject to the requirement that a decision be made within 60 days as is the case for the
.
review of most zoning applications. It should be noted that Union Land does have a purchase
agreement for the Miner site that now in the process of being reviewed. Most purchase
agreements have "an end date by which the option to purchase the property must be
completed. In this case, Union Land would not exercise the option to buy the property unless
they know that they can construct a mixed-use development of the density they believe is
necessary to profit from the transaction.
The Council has several options related to the request to change of the General Land Use
Plan Map. They are outlined below:
. Maintain the existing Light Industrial category on the General Land Use Plan
Map-This would allow the owner of the property to construct uses that are consistent
with that category and the uses permitted in the Light Industrial zoning district. Those
uses include offices less than 45 feet in height, warehouses, light manufacturing,
assembly, and certain types of food packaging. There is also a long list of conditional
uses t.hat include auto repair, fitness clubs, day care, medical clinics, trade schools,
banks, and van/truck terminals. For a complete listing, please refer to the Zoning
Code.
.
. Begin the process to consider amending the General Land Use Plan Map to a
mixed-use category-At the February 14 meeting, the Council did seem interested in
a mixed-use development on this site. However, the desired mix was not clear. Staff
heard that residential and retail should playa major role in the mix because they
create peak hour traffic that may be advantageous to the way that traffic can be
managed in the area. The City Council would ask the Planning Commission to hold an
informal public hearing on amending the General Land Use plan map to a mixed-used
category and send a recommendation on to the City Council on both the new category
and the Comprehensive Plan Amendment.
. Move to ask the Planning Commission to develop a mixed-use land use category
for consideration by the City Council prior to beginning the formal process to
amend the General Land Use Plan map-This is similar to the option above except
that the City Council would ask the Planning Commission to develop a description of a
mixed-use category before the City Council formally begins the General Land Use
Plan map amendment process. After receiving this information from the Planning
Commission, the City Council could then decide if they would like to begin the process
to amend the Comprehensive Plan based on input from the Planning Commission.
.
. Delay consideration of the request to amend the General Land Use Plan map to
a mixed-use category until after the 1-394 Corridor Study is completed-The City
is in the final stages of the corridor study. The corridor study will be recommending
mixed-use development along the corridor. It may be appropriate to delay
consideration of the request on the Miner site in order to understand the type and
extent of the mixed-use development proposed as part of that study. Some of the
information about mixed-use. development may be relevant for the Miner site. In the
case of a request to amend the General Land Use Plan map, the City is not subjectto
the requirement that a decision be made within 60 days as is required for the review of
other zoning applications.
"
.
.
.
If the City Council does ultimately amend the General Land Use map to a mixed-use
category, this would allow Mr. Dunbar to begin the zoning process. In this case, the
development would have to go through the planned unit development (PUD) process. As part
of the PUD process, the specific plan would be reviewed that would include the overall
intensity of the development, development of a traffic management plan, and how to deal with
pedestrian circulation and connections.
Attachments
Letterfrom Frank Dunbar, Union Land X, LLC, dated February 28,2006(3 pages)
Recommended Action
Motion to approve one of the "bullet points" as listed in the Summary section of this Executive
Summary .
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Zoning Districts
CJ Single Family (R-l)
CJ Two Family (R-2) Residential
Multiple Dwelling
Sub-Districts:
CJ (M-1) maximum height 3 stories
CJ (M-2) maximum height 4 stories
~ (M-3) maximum height 6 stories
r=l (M-4) maximum height 8 stories
EEl Commercial
CJ Light Industrial
\ _ 1 Industrial
CJ Business & Professional Offices
Institutional For a complete list of all permitted and conditionallnstiMional uses,
see Chapter 11 of the City Code, titled Land Use Regulation (Zoning).
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government offices, etc)
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VARIOUS MIXED USE DESCRIPTIONS FROM THE INTERNET
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Mixed Use
Definition:
An area that is appropriate for a mix of residential and non-residential uses.
Purpose:
Encourage more retail and commercial services within walking distance of residents; /
1. Allow live-work/flex .space on existing commercially zoned land in the
neighborhood; -
2. Allow a mixture of complementary land use types, which may include
housing, retail, offices, commercial services, and civic uses to encourage
linking of trips;
3. Create viable development opportunities for underused or undeveloped center
city sites;
4. Encourage the transition from non-residential to residential uses;
5. Provide flexibility in land use standards to anticipate changes in the
marketplace;
6. Create additional opportunities for the development of residential uses and
affordable housing; and
7. Provide on-street activity in commercial areas after 5 p.m. and built-in
customers for local businesses.
Application:
1. Allow mixed use development along major corridors and intersections;
2. Establish compatible mixed-use corridors along the neighborhood's edge;
3. The neighborhood plan may further specify either the desired intensity of
commercial uses (i.e. LR, GR, CS) or specific types of mixed use (Le.
Neighborhood Mixed Use Building, Neighborhood Urban Center, Mixed Use
Combining District);
4. Mixed Use is generally not compatible with industrial development, however
it may be combined with these uses to encourage an area to transition to a
more complementary mix of development types; and
5. The Mixed Use (MU) Combining District should be applied to existing
residential uses to avoid creating or maintaining a non-conforming use.
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Mixed Use (proposed new land use category)
The mixed use designation provides areas for a combination of complementary uses
within close proximity. Typical mixed uses could include high density residential,
business/office uses, and commercial. This district is envisioned to provide a transition of
uses in areas where more intense uses must be buffered from adjacent uses, such as along
1-29 or major arterials. In the past, areas along major arterials have been lined with
commercial uses; the mixed use district provides an alternative.
Mixed use could include the following zoning districts:
(R-4) Multiple-family residence, high density (up to 4+ stories, density of 16-50 units per
acre)
. (B-2) Commercial uses
(B-1) Neighborhood Commercial (new district as suggested above)
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Recommendation: IdentifY additional criteria to use in administering a mixed use
district.
Additional criteria, such as desired percentages of uses, minimum site sizes, design
criteria and other issues should be identified for the Mixed Use district.
(b) "Mixed Use Development" means:
(1) a combination of retail and residential uses, or office and residential uses, in a single
building or separate buildings on the same lot or contiguous lots.
(2) a combination of retail, office and residential uses, in a single building or separate
buildings on the same lot or contiguous lots.
Mixed-use development: A project that combines several different functions, such
as residential space above a commercial establishment or an entire development
combining commercial, residential and public accommodations.
As defined by Inman
About Mixed-Use
Development Projects
Mixed-use project development generaHy refers to projects that integrate different land uses (building types) such as retail
stores, restaurants, residences, civic buildings, offices and parks within a defined area - typically a single land parcel.
Mixed-use developments have potentially unique advantages for tne end-users that occupy the facility, due to the promise
of a more varied and satisfying urban experience that comes with mixed-use design.
The desire for a more interesting urban fabric is to a great extent a result of that uniquely American invention - the
American suburb. With the suburb came an entirely new culture: the tract house, the drive- in movie, the drive-in
restaurant, the strip shopping center, the regional shopping center, the office park. Downtowns, town squares, districts,
and neighborhoods of the American city - each of which were already of mixed-use nature by their very definition - were
eclipsed by an environment where notions of progress and desirable newness celebrated the prevailing values of
convenience, simplicity, and privatization. The complex layering of the traditional city - and the city's traditional forms -
gave way to suburbia, to linear experiences of unrelated and segregated uses. On an architect's land use plan - these
became distinct planning bubbles or enclaves.
This suburban development pattern constituted an environmental loss that is rarely talked about - the experiential loss.
The experiential loss may be added to the economic loss experienced by city's when new malls saturated the suburban
landscape, along all those new transit nodes created by the U.S. interstate highway system.
The suburban fabric has been comprised of repetitive, anonymous, prototypical components arranged in groupings of
similar use. Suburban contextual concerns have always and only been functional ones: relationships of streets,
commercial strips, highways, freeways, and malls. This pattern of development fostered one of the great public-private
engineering and development programs in human history: the creation of American suburbia. However, what was created
lacked a soul.
Mixed-use development projects, and the character of the built environment that they bring, provide almost a nostalgic
environment of urban character that rnay be entirely lacking in many communities. The best of the new mixed-use projects
are not inward, insular projects, but catalyst projects that help to knit with their surroundings and provide the connections
and edges that foster further urban (and suburban) revitalization and redevelopment.
As well, mixed-use developments have uniquely complicated traffic, shared vs. dedicated parking (for some uses), and
activity periods, that change with daypart, and weekpart. Financing is more complex as mixed-use projects are more
integrated - as lenders find it difficult to underwrite for risk and loan packaging.
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Friday October 01 2004
Successful mixed-use development regulations
MORE THAN SMART GROWTH
Contributing Writer
SkyrOcketing land prices and limited land for development have
necessitated the intensification of the use of available land to accommodate
future needs. Mixed-use developments are becoming an attractive approach,
especially in communities where services and transportation are most available.
Witness emerging examples of mixed-use developments including Arbor Lakes
in Maple Grove, Centennial Lakes in Edina, Excelsior & Grand in St. Louis Park
and Heart of the City in Burnsville. And there are more on the way -- Midtown
Exchange in Minneapolis, Apache Plaza in St. Anthony and the federal ordinance
facility in Arden Hills. The American Heritage Dictionary even added this new
definition to its last edition: mixed use --containing or zoned for commercial
and residential facilities or development.
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Our central cities have a history of mixed-use development dating back to a
time before strict separation of uses became common. The shift from the fine-
grained complexity of cities that developed prior to Euclidean zoning in the
1920s and '30s resulted in patterns and mixes of uses primarily in response to
transportation infrastructure, proximity and market demands. The separation
by zoning of home, work and social activities into isolated enclaves created
traffic and parking demands that frustrate notions of efficiency.
Since the 1970s, the geometric separation of uses have been gradually giving
way to the "planned unit development" replacing zoning in the form of "contract
zoning" based on negotiation and the merits of specific proposals. Rigid land-
use controls have emerged in the presence of strong central authorities. The
site plan defines the agreement between the developer and the city, which
takes the place of a subdivision map. PUD zoning allows housing to be clustered
at higher densities over portions of development, leaving larger areas of open
space to share. The success of PUD regulation has spawned new zoning tools
such as incentives and bonuses in return for preservation of desirable features
or promotion of public spaces.
The economics of mixed-use derive from the notion that mutually supporting
activities will have a synergistic effect on each other. Trip generation is reduced
and total revenue is greater than the sum of the parts. If housing and
workplace uses are combined, for example, a market is created for shops and
services which could not be supported by either alone. The various uses do not
have to occur in one building, but must be fully integrated in a way that permits
pedestrian and non-vehicular circulation between them.
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The essentials of these mixed-use projects include comprehensively planned
.
multi-use projects; integration and compatibility of residential, non-residential
and public uses; incorporation of higher standards in land planning, site and
building design; and the attainment of a more efficient use of land. Regionally,
these projects were developed within the context of our traditional planned use
development and overlay district regulatory regimes. Perhaps it is time for us to
consider creating more workable and flexible regulatory options whiCh promote
desirable and efficient land use concepts with incentives, clear guidance and
less negotiation in the approval process.
Livibility
The appeal of successful "mixed-use" developments is readily apparent.
Successful mixed-use concepts found here and elsewhere incorporate such
themes as:
~ Locating employment and retail uses conveniently linked to residential areas.
~ Reducing the reliance on autos by encouraging proximity of residenCe, work
place and commercial uses with the provision of pedestrian and non-vehicular
circulation.
~. Strong linkages among usage areas including residential, open space,
recreation, commercial, employment and public facilities.
~ Preservation of natural features and open spaces.
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~ Connection of components which include pedestrian access to schools, public
facilities, convenience retail and employment.
~Encouragement of home offices.
~Adaptability of "granny apartments" and lifestyle housing.
The challenge
Mixed-use development can produce diverse and convenient communities that
can have the added benefit of reducing traffic. By integrating different uses
such as residences, offices and shopping, many daily vehicle trips can be
eliminated or reduced in length. Zoning was established to separate uses that
create nuisances -- such as separating factories from residences. Today,
however, most workplaces are clean and quiet and can be built closer to homes
without adverse effects. Many employers also find that locating workplaces near
shops, banks, service outlets and restaurants can save employee time. Zoning
needs to address these evolving conditions and encourage more creative mixed
developments.
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More traditional planned development regulations reserve great discretion to
the local regulators and local officials. The hallmark of the application and
approval process under this approach is one of negotiation. Where there is
great latitude for negotiation, there is lack no clear playbook, guidance or clear
expectations. The parties to the pas du trios are left to negotiate the critical
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essentials of any project -- density, open space, parking, setbacks, street and
right-of-way corridors, essential design features, landscaping and location of
public facilities. Ask most seasoned developers, and they will they will tell you
"tell me the rules -- as long as they are fair and understandable I can make a
project. "
State challenge-- Creating the framework
Minnesota planning and enabling legislation is essentially crafted on a uniform
model promulgated over 50 years ago. Since that time, Chapter 462 has been
amended, revised and modified in response to issues raised by cities and
property rights advocates - most recently the "60-day rule," changes regarding
vested rights and new limitations affecting non-conforming uses. Minnesota
statutes recognize planned unit developments in the context of conditional use
permit authorizations. Minnesota land use statutes, however, do not clearly
encourage or promote mixed-use developments in their underlying policy
authority. Recent enactments in California, Michigan, Pennsylvania and
Wisconsin encourage mixed-use and/or traditional neighborhood development.
These statutory schemes contain a clear statement of purpose, clarity in their
expectations and provide a permissive, rather than mandatory, authorization
for counties and cities to include in local land use plans and codes.
Local challenge -- Letting go
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Cities in particular need to ask themselves what are the purposes, objectives
and goals to be achieved in providing a development approval framework to
encourage mixed-use projects. Consideration must be given to:
~Encourage a more flexible approach with less local discretion for design,
allowable uses and approvals than found through conventional zoning.
~Create a more efficient use of land, locating employment and retail uses linked
to residential areas or components.
~Reduce reliance on autos by encouraging proximity of uses and linkages for
pedestrians and non-vehicular circulation.
~Promote a broader spectrum of uses permitted as a matter of right and
expressly prohibit uses, which are totally discordant.
~Encourage live-work units within residences.
~Shared use of multi-level parking by retail, employment and multifamily
buildings. .
~Establish clear expectations for maximum and floor area ratios.
~Eliminate multiple and serial hearings.
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~Promote a user-friendly regulatory framework both as to substantive
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provisions and procedural requirements.
~Reduce emphasis on land use segregation and promote compatibility through
quality design and higher standards in land planning and site design.
Conclusion
To permit and promote more efficient communities, Citizens, developers,
planners and public officials must be willing to challenge the conventional tools
of the past. Statutory reform of our land use regulations should be encouraged
to promote flexibility in our land use development opportunities in creating a
process that is stable, predictable and certain for developers.
Tim Keane isa shareholder at Leonard, Street and Deinard PA practicing in the
areas of land use and real estate law.
Mixed~Use Development - A development that incorporates more than one land use in a unified
development plan.
The purpose of this zone is to allow medium intensity mixed-use suburban
development that is compact, diverse, walkable, and urban in character and form. It
encourages a market-driven alternative to conventional suburban development for
sites that are neither appropriate for retail-only or residentialc..only use. The Mixed
Use Zone introduces a focus on the form of development rather than just the uses.
This makes it possible to create special destinations with a "sense of place".
3.6 Purpose and Intent Language Ideas
The following objectives are suggested for mixed use zoning:
~ Allow a mixture of complimentary land use types, which may
include housing, retail, offices, commercial services, industrial
and civic uses to encourage linking of trips
~ Promote transit-supportive development which is relatively
dense, mixed use, and designed for the safety and convenience
of pedestrians
~ Encourage street activity to support retail businesses
~ Establish minimum housing densities and commercial floor
area ratios to achieve regional housing and employment
targets, and support transit service
~ Provide flexibility in land use standards to anticipate changes
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in the marketplace
~ Reinforce streets as public spaces, and encourage pedestrian
and bicycle travel
~ Provide a transition between high traffic streets (e.g.,
corridors) and residential neighborhoods
~ Promote regional centers, town centers, and light rail station
communities as compact centers of housing and employment
~ Encourage land uses which are characteristic of main streets,
pedestrian districts, and light rail station areas
~ Encourage efficient site utilization including increased
building heights, reduced yard setbacks, and alternatives to
surface parking (e.g., structured and shared parking)
~ Create walkable districts
Older buildings such as this one on Portland's
Belmont Street are being redeveloped for mixed
use.
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GOLDEN VALLEY:
A BALANCED APPROACH
TO THE 21 ST CENTURY
- General Lan.d Use Plan, 1999-2029 -
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DOCUMENTATION OF APPROVALS
Plan recommended by Planning Commission for City Council adoption following
an informal public hearing on April 19, 1999.
Plan received by City Council - xxx, 1999.
Plan authorized for forwarding to Metro Council and neighboring communities for
review and comment (CC Resolution 99-xx) - xxx, 1999.
Plan approved by City Council (CC Resolution 99,.xx ) - xxx, 1999.
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CONTENTS
INTRODUCTION 1
PLAN AND ZONING COMPARED 1
BACKGROUND 2
Exhibit A: 1997 Existing Land Use Map 3
THE PLAN MAP 4
Exhibit B: Land Use Plan Map 5
Exhibit C: Definitions of Land Use Categories 6
OTHER COMPONENTS OF THE PLAN 4
LAND USE GOALS 8
.. LAND USE POLICIES 9
LAND USE OBJECTIVES 11
PLAN IMPLEMENTATION 13
CONTINUOUS PLANNING PROGRAM 14
FOR MORE INFORMATION 14
APPENDIX 15
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GOLDEN VAllEY:
A BALANCED APPROACH TO THE 21sT CENTURY
-- land Uses, 1997-2027 --
INTRODUCTION
The general land use plan for Golden Valley is one of several elements that
make up our state-mandated Comprehensive Plan. The Land Use Element
provides a broad outline of the goals, objectives, and policies to guide future land
use decisions. The elements of Housing, and Water Resource Management,
along with our Park and Open Space Plan are all additional elements of our
Land Use Plan. They are addressed in separate documents.
PLAN AND ZONING COMPARED
Land use planning and zoning are separate but related concepts. Zoning is part
of local law, enforceable through the City's police power. The plan serves as a
foundation for zoning regulations and are properly administered in the best
interest of the general public health, safety, and welfare. The plan embodies a
broad vision of desired community characteristics, while zoning provides a
specific means of implementing and regulating the vision; asa result, zoning is
much more detailed with regard to the type and intensity of use allowed on any
given property. The plan's focus is on moving a community as smoothly as
possible into the future, while zoning is firmly grounded in the present.
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BACKGROUND
Golden Valley was incorporated in December 1886. Seven years later in 1893,
the annexation of 0.6 square miles of land on its north side represented the only
significant boundary change in the City's history. Entirely surrounded by other
incorporated cities for many years, Golden Valley is unlikely to see any
substantial future expansion of its 1 0.5 square miles of area.
The City's land use planning history goes back to the 1930's, when Golden
Valley adopted its first zoning code to regulate the development and use of
property. In those days, zoning regulations themselves were considered to
make up a "comprehensive plan" as long as they divided an entire community
into identified land use districts. Total population was less than 2,000 -- about
550 families. There were virtually no local business areas.
The City first adopted an actual land use plan document in 1959. Population by
then had ballooned to 14,500. An estimated thirty percent of Golden Valley's
land area was still undeveloped. General Mills and Honeywell, two of the City's
largest corporate citizens today, had only recently come to town.
Completely updated comprehensive plans followed at approximately ten..year
intervals in the 1970's and 1980's. The City's development boom leveled off as
the supply of developable land dwindled. TodayGoldenValley is almost entirely
developed for a variety of urban and open space uses (Exhibit A).. The number
of households continues to increase modestly each year, but total population
remains at about 21,000 as the average household size gets smaller.
Over time our community faces ongoing demands for specific changes to the
zoning map or the zoning text in order to allow local property owners to keep up
with changing land use trends. By maintaining a broad vision of how Golden .
Valley should look and feel and function over time, the City provides itself with a
frame of reference for making individual land use decisions. Keeping an eye on
the "big picture" helps ensure that each new decision fits in with others made
before it rather than working at cross purposes. The vision also gives residents
and nonresident property owners information on the expected long-term future of
their property and their neighborhood, so they can make their own plans
accordingly. In other words, the plan offers a means for local government to join
in partnership with individual and corporate citizens to manage the speed and
direction of change in Golden Valley.
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THE PLAN MAP
The land use plan map (Exhibit B) provides a vision of future land use
distributions throughout Golden Valley. Like most visions, it should not be taken
too literally. The boundaries of different land use areas are broadly sketched;
where they fall in mid-block, for example, a certain freedom of interpretation is
allowed in pinpointing their exact location. Land use categories are rather
broadly drawn as well; while general descriptions (Exhibit C) are provided as part
of the plan; they do not cover every possible use or situation, leaving room for
interpretation when a specific use is not clearly listed anywhere or occurs under
special circumstances.
Zoning is the main tool available to cities for implementing the comprehensive
plan. If the zoning map and the plan map reflect differing land use groups for a
particular property, the zoning map must be legally amended before the planned
use can occur; the rezoning process thus serves as a gateway between present
and future. Differences between the zoning map and the land use plan map at
any given time do not automatically indicate conflicts between zoning and plan.
Golden Valley specifically supports current zoning as being entirely appropriate
for any given property until it is found to be ready for plan implementation
through redevelopment.
OTHER COMPONENTS OF THE PLAN
In addition to the plan map, Golden Valley's general land use plan is composed
of goals, policies, objectives, programs, and standards that serve as guides to
how the City will maintain and renew itself now and into the future. The
foundation of Golden Valley's general land use plan rests on five goal
statements. Policies and objectives build upon this foundation (See the
appendix for definitions of these terms). The City has included land use
programs and standards within policy and objective statements rather than listing
them separately .
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Exhibit C: Definitions of Land Use Cate.gories
Residential. Low Density (Less than 5.00 homes per qross acre of land
area): Single family detached homes are the predominant low density
residential use, with small clusters of two family attached homes mixed in at
scattered locations as appropriate. Other types of residential structures in
planned unit developments (PUD's) may also be appropriate as long as the
overall density of development falls within the acceptable range. Metro Council
equivalent is "single family".
Residential. Medium Density (from 5.00 to 11.99 homes per qross acre of
land area): Medium density residential uses include two family attached homes
in clusters of more than ten units, or townhomes, or other types of housing in
PUD's where the average density of development falls within the acceptable
range. Metro Council equivalent is part of "multi-family".
Residential. High Density (12.00 homes or more per qross acre of land
area): Apartment buildings and condominiums are the predominant high density
residential uses. Other types of housing in PUD's are also appropriate in these
areas ifthey are developed to meet the minimum density threshold. Metro
Council equivalent is part of "multi-family".
Office: This limited use category features general office buildings. Medical or
laboratory facilities where work is performed in a predominantly office setting are
also acceptable uses. Office areas may include mixed use officelresidential
PUD's. Metro Council equivalent is part of "commercial".
Commercial: Commercial uses include retail sales/services, restaurants,
hotels/motels, and for-profit entertainment/recreation facilities, as well as
anything allowed in an office area. Mixed use commerciallresidential PUD's are
also a possibility. Metro Council equivalent is "commercial", except that Golden
Valley does NOT classify any residential care facilities as commercial uses.
Liqht Industrial: This category includes warehousing and storage, assembly
and light manufacturing, truck/van terminals, utility installations, offices, and
large-scale specialty retail operations such as lumber yards, greenhouses, and
vehicle saleslrentallots. Metro Council equivalent is part of "industrial".
Industrial: This category includes anything that could go into a light industrial
area, as well as railroad uses, animal care facilities, and heavy manufacturing.
Metro Council equivalent is part of "industrial".
Open Space (public andprivatel: These uses include golf courses, ball fields,
playgrounds, parks, nature areas, and storm water ponding areas. Metro
Council equivalenFis "parks and recreation", except that the Metro Council does
not specify ponding areas or nature areas.
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Exhibit C: Definitions...continued
Schools and ReliClious Facilities: These include education facilities at all
levels, the Golden Valley cemetery, places of worship for all denominations, and
miscellaneous religious installations. Metro Council equivalent is part of "public,
semi-public" .
Public Facilities. Miscellaneous: Administrative or service installations (except
those otherwise classified) at all levels of government fall into this category.
Metro Council equivalent is part of "public, semi-public".
Semi-Public Facilities. Miscellaneous: Residential treatment or care facilities,
hospitals and surgical centers, private clubs, and other not-for-profit facilities
(except those otherwise classified) fall into this category. Metro Council
equivalent is part of "public, semi-public", except for residential treatment or care.
Wetland: Properties in this category are generally those listed in the National
Wetlands Inventory. By definition, all wetland areas are considered to be "in
use". Metro Council equivalent is "wetland development constraint".
Floodplain: This category includes all areas with a land elevation below the
1 DO-year flood level. By definition, all f100dway areas are considered to be "in
use". Metro Council equivalent is "floodplain development constraint".
Open Water: SweeneylTwin Lake, Wirth Lake, DNR unnamed basin #27-36, (in
Wirth Park,along the creek north of Highway 55), and Bassett Creek are
classified as open water areas. By definition, all open water is considered to be
"in use". Metro Council equivalent is "open water".
Right-ot-Wav. Road: This category includes all land reserved for street or
highway uses and for certain transit facilities, whether by easement or by fee
title. By definition, all such right-of-way is considered to be "in use". Metro
Council equivalent is "roadways, option 2".
Right-ot-Wav. Railroad: This category includes all land reserved forrailroad
uses, whether by easement or by fee title. By definition, all such right-of-way is
considered to be "in use". There is no Metro Council equivalent.
Vacant Land: In general, land is classified as vacant if it is a legally defined
parcel with no developed or landscaped area within its limits. Scattered vacant
single family lots are geherally not identified, due to incomplete data and
difficulties with mapping scale. In some cases, land that does not constitute a
legally defined parcel has been classified as vacant if it meets all of the following
criteria -- it is part of a privately owned or tax forfeit parcel; it is at least half of the
parcel's overall size; it has NO usable structures and minimal or no landscaping;
it is of a size and configuration to hold a development of the appropriate scale for
its land use classification; it is not substantially encumbered by floodplain or
wetland designation; and both it and the developed portion of the PClrcel can
meet all applicable City Code requirements if split apart.
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LAND USE GOALS
Maintain a balanced distribution of different land use areas, and
a regulatory framework designed to minimize potential conflicts
between land uses.
Accommodate land use diversity and inclusiveness while
advocating quality in construction and property maintenance.
Integrate public and private redevelopment efforts gradually into
Golden Valley's existing development mosaic by maintaining a
land use plan and ongoing planning process that make sound
provision for the long-term future.
Promote Golden Valley's economic and social health through
environmentally sustainable practices and policies for land use
and redevelopment.
Reconcile local preferences and desires with regional needs and
legislative imperatives by adopting a cooperative approach,
seeking creative solutions to points of conflict, and maintaining
ongoing education efforts.
8
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As appropriate, and in addition to consulting this general
land use plan, the City shall consult the housing plan, the
water resource management plan, the park plan, and any
other plan that may be identified as part of the overall Land
Use Element of the Comprehensive Plan before making
any land use-related decision.
The City shall continuously monitor this plan, and per Metro
Council guidelines, perform an update whenever: any
development proposal exceeds the parameters of the plan;
any land identified for commercial, industrial, or office use is
converted to residential use or vice versa; or projected
commercial, industrial, or office transportation or sanitary
sewer needs increase in excess of planned capacities.
Per the Metro Council's regional growth strategy, in making
land use-related decisions the City shall seek reasonable
ways to: foster efficient, connected land use patterns;
accommodate mixed use developments; and increase land
use density where appropriate.
9
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Per the Metro Council's regional growth strategy for areas
within the 1-494/694 loop, the City shall continue to support
economic development and job creation in concentrations
serviceable by transit.
.
Before approving a proposed text change to any provision
of the zoning chapter of City Code, or to other land use-
related regulations, the City shall first evaluate the potential
impact of the proposed change on land use plan goals,
policies and objectives, and on the plan map if applicable.
Before adopting or amending development- or construction-
related regulations, the City shall consider potential
diversity or environmental impacts. Negative impacts shall
be balanced against concerns for the general public health,
safety, or welfare. Where possible, strategies for mitigating
negative impacts shall be identified.
The City shall accommodate energy conserving
technologies and construction techniques, including active
and passive solar energy features, by advocating their use
in applications for new development and by amending City
Code or City pOlicies as appropriate to allow property
owners to take advantage of new approaches.
The City shall remain open to new partnership opportunities
with Hennepin County, the Metro Council, and state or
federal agencies in its efforts to implement this plan.
..
The City shall monitor ongoing Sustainable Development
Initiative research and accomplishments at the state level,
for possible incorporation into future updates of this plan.
10
.
~-~--~-~--
. LAND USE OBJECTIVES
'.
Establish a process for citizen involvement in planning for
change at the neighborhood level.
Invest in an address-linked computerized land use data
base capable of providing data on the size, age, value, and
other circumstances of all City properties, for better tracking
of issues such the rehabilitation or redevelopment needs of
any particular area.
Review the existing practice of maintaining plan map!
zoning map conformity via concurrent application for plan
amendment and rezoning; follow-up could include
formalization in City Code' of a suitable joint application
process or,consideration of one or more policies to limit or
prohibit concurrent applications.
Update provisions for all zoning districts and for planned
unit developments as necessary to conform with identified
land use categories and to properly support plan implemen-
tation; of particular importance are the specific use lists and
"purpose and intent" paragraph for each district.
..
11
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Establish a list of qualifying criteria to serve as a selection
standard for. targeting Community Development Block
Grant or other redevelopment funds.
Study the suggested strategies of the Sustainable Devel-
opment Initiative's local guidebook, when available, for
possible local application.
.
Study the 1-394 corridor, to determine whether part or all of
the area would be better served by amending the plan to
indicate commercial or office uses rather than industrial.
Explore the possible establishment of a second 1-394
zoning overlay district to allow commercial uses only on
certain qualifying properties as specified in the code.
Review all institutionally designated properties to consider
their long term viability and/or options for alternative use.
Define various approaches and/or incentives to promote a
City beautification program.
Study planned land uses all along the Highway 100 corridor
after all highway-related improvements are in place, to
determine the need or desirability of area-wide plan
amendments accommodating altered land use demand.
Re-examine the existing HRA "redevelopment philosophy",
to address questions raised in the Technical Background
for the Land Use Plan.
.
12
PLAN IMPLEMENTATION
.
Policies, objectives, programs, and standards all contribute toward turning this
plan into reality. Local regulations having an impact on plan implementation can
be found in City Code -- primarily in the zoning and subdivision chapters -- and in
the State Building Code, adopted by reference in City Code. Some policies
adopted by separate resolutions over the years may also act as implementing
devices, even though they are not officially part of the general land use plan.
The main responsibility for implementation lies with the City Council as Golden
Valley's formal decision-making body. The City's Planning Commission plays a
strong supporting role in its capacity as advisor to the Council. The Human
Rights Commission and other Council-established bodies may also be involved
from time to time. The City's Housing and Redevelopment Authority provides
added power to acquire land for redevelopment, secure financing, and eliminate
blighting conditions, should any of those actions become necessary. To achieve
any particular objective, Golden Valley may turn to state or federal agencies, the
Metro Council, Hennepin County, neighboring communities, or other public or
private entities for expertise, funding, or development partnerships.
.
Rezoning/Comprehensive Plan Changes
A property's readiness for rezoning in accordance with Golden Valley's land use
plan map will be evaluated according to the following terms, which do not have to
be weighed equally in all cases:
1. All owners of the property should jointly petition for rezoning to a
district that matches the land use category identified on the plan map;
2. The property should meet minimum development standards for the
desired change in use, which may include zoning specifications,
subdivision specifications, and/or duly adopted goals, policies, and
objectives of the comprehensive plan;
3. Any existing property improvements that would be nonconforming
under the zoning necessary for the desired use should be removed, or
financial and legal guarantees should be in place to ensure removal by
the time any rezoning request receives final approval;
4. Any existing use that would be nonconforming under the zoning
necessary for the planned use should be permanently discontinued;
5. Where a proposed rezoning involves only a portion of an area that is
planned for change, the proposal should not involve property so
situated as to create a disconnected "island" of change within the
largerarea, or completely bisect the larger area and create divided
"pockets" of the older use, unless it can be demonstrated that any
individual sub-are~a thus created can reasonably be redeveloped on its
.
13
.
.
.
own and that the resulting discontinuities of use within the larger area
will not accelerate the decline of otherwise viable existing uses not
immediately included in the proposed rezoning; and
6. Unique circumstances affecting the property, its surroundings, or some
other aspect of a particular request may be compelling enough to
result in a different outcome than what might otherwise be indicated,
but in such cases the City must clearly list and explain the
circumstances underlying its decision.
Until a property is found ready for rezoning according to the above terms, its
existing use will be considered to conform with Golden Valley's comprehensive
plan -- regardless of whether it matches the category of use identified on the
plan map -- as long as it meets current zoning regulations and other applicable
requirements of City Code. The same rule also applies to any alteration of site
improvements or change from one permitted use to another within the same
district: the altered site or changed use will be considered to conform with the
comprehensive plan as long as the property continues to meet all applicable
code requirements and is not yet ready for rezoning per the established terms.
CONTINUOUS PLANNING PROGRAM
The adoption of the Comprehensive plan will usher in the City's dedication to an
ongoing planning program. This public process will involve the Planning
Commission as well as City staff and elected officials. The process will serve as
a vehicle for the continued revision and refinement of the land use plan. A .
community visioning process will be implemented to keep the plan up-to-date
and responsive to community needs.
FOR MORE INFORMATION
More information on land use plan requirements and on the research underlying
Golden Valley's general land use plan can be found in a separate report known
as the Technical Background for the Golden Valley Land Use Plan. Along with
other documents relating to all aspects of the City's overall comprehensive plan,
that report is available for purchase at City Hall and a reader copy is kept with
the City publications on file at the Golden Valley Library.
14
.
..
..
Appendix
The following paragraphs outline Golden Valley's definitions of the terms goal,
policy, objective, program, and standard. and how they are used in the plan.
GOAL: "An idealized end state that serves as a focus for planning efforts.
Goals reflect situations toward which to strive without necessarily
expecting full attainment."
POLICY: "An ongoing guide or set of criteria for undertaking legislative or
administrative actions in conformance with plan goals. Policies are
specific enough to provide direction in a decision-making context, and are
intended to be used whenever applicable throughout the life of the plan."
In other words, policies provide the structural framework for making land use
decisions that will properly implement the general land use plan by building firmly
on its goal foundation. The City's land use policies are listed on pages 14 - 16,
along with references to the primary underlying goal or goals for each policy.
OBJECTIVE: "An intermediate milestone on the way toward a goal.
Objectives are specific, measurable, and achievable, and are generally
intended to be met within a short (three to five year) time frame."
Objectives are the building blocks that fill in the structural framework as it rises
upward from the foundation. This term does not appear in state law, but statutes
do require cities outline specific actions toward plan implementation, which
comes to much the same thing. The City's current land use objectives are listed
on pages 17 -19, again with references back to primary underlying goals.
PROGRAM: "Usually an established source of assistance - whether
financial, legal, physical, or informational - offered through a public or
private agency. A program could also be any coordinated set of actions
designed to yield a specified product."
STANDARD: "A specified index of measurement or threshold of
acceptability. "
Programs provide the tools for erecting the structural framework and setting the
building blocks in place, while standards form the structural specifications. The
City has identified land use programs and standards within policy and objective
statements as appropriate rather than listing them separately.
15
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.
~ 11.35
SECTION 11.35. LIGHT INDUSTRIAL ZONING DISTRICT.
Subdivision 1. Purpose. The purpose of the Light Industrial Zoning District
is to provide for the establishment of warehousing, offices and light industrial
developments.
Subdivision 2. District Established. Properties shall be established within
the Light Industrial 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 11.35,
Subdivision 2 by an ordinance which makes cross-reference to this Section 11.35 and
which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if
setforth herein. In addition the Light Industrial 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 others shall be
considered permitted uses within the Light Industrial Zoning District:
A. Offices.
B. Warehouses.
C. Wholesale-Retail distribution centers.
D. Electronics manufacturing.
E. Food packaging and processing; provided, however, that no
processing shall involve any cooking, heating, smoking, soaking or marinating procedures.
Source: Ordinance No. 546
Effective Date: 9-18-81
F. Assembly and/or fabricating exclusive of sheet metal or steel
fabricating, foundries and similar uses except for the fabricating of sheet metal as it is
used for the heating, ventilation and air conditioning business (which types of sheet metal
fabricating shall be permitted uses).
Source: Ordinance No. 674
Effective Date: 12-27-85
G. Recycling centers, including the recycling of metals and other
materials.
GOLDEN VALLEY CC
284
(6-15-98)
.
.
.
9 11.35
H. Other lightmanufacturing usesthatwould not constitute a nuisance
or health hazard to surrounding or adjacent residential or commercial districts.
Source: Ordinance No. 546
Effective Date: 9-18-81
I. Essential Services - Class I and Class III.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
J. Temporary Retail Sales in accordance with Subdivision 12 of this
I
section.
Source: Ordinance No. 118, 2nd Series
Effective Date: 9-22-94
K. Sexually Oriented Businesses.
Source: Ordinance No. 326, 2nd Series
Effective Date: 4-15-05
Subdivision 4. Conditional Uses. The following uses may be allowed as
Conditional Uses after review by the Planning Commission and approval by the Council
following the standards and procedures set forth in this Chapter:
A. Building materials yard (including inside and outside storage).
B. Public garages for repairing and storing motor vehicles.
C. Laundries and dry-cleaning plants.
D. Animal hospital where domestic animals are received for treatment,
care and cure by a duly licensed veterinary physician and surgeon in the customary and
ordinary pursuit of his profession.
E. Ball fields and. other recreation facilities.
F. Research and development laboratories and pilot plant operations
incidental thereto.
G. Greenhouses with no outside storage, including an outside growing
area no larger than the greenhouse building area. Retail sales may be permitted only
where located inside and incidental to a wholesale business.
H. Packaging and/or bottling of soft drinks or dairy products.
I. Bakeries (commercial-wholesale).
J. Day care facilities provided that said facilities serve only
dependents of persons employed on the same premises as are otherwise permitted by
this Chapter.
Source: Ordinance No. 546
Effective Date: 9-18-81
K. Health, fitness and/or exercise facilities, including dance studio,
gymnastic training, weight lifting studio, aerobic exercise and gymnasiums.
Source: Ordinance No. 573
Effective Date: 8-27-82
GOLDEN VALLEY CC
285
(6-30-05)
9 11.35
.
L. Heliports, as herein defined.
Source: Ordinance No. 643
Effective Date: 11-16-84
M. Food packaging and processing that involves cooking, heating,
smoking, soaking or marinating procedures.
Source: Ordinance No. 664
Effective Date: 7-12-85
N. Child Care Facilities, as defined in this Chapter.
Source: Ordinance No. 712
Effective Date: 6-23-88
O. TruckNan Terminals
Source: Ordinance No. 50, 2nd Series
Effective Date: 11-21-90
P. Medical clinics.
.
Source: Ordinance No. 82, 2nd Series
Effective Date: 2-27-92
Q. Trade Schools or Training Centers
Source: Ordinance No. 252, 2nd Series
Effective Date: 7-26-01
R. Adult Day Care Center .
Source: Ordinance No. 264, 2nd Series
Effective Date: 12-13-01
S. Drive-in bank facilities with frontage on a collector or minor arterial
Source: Ordinance No. 274, 2nd Series
Effective Date: 12-27-02
T. Accessory retail services and/or sales incidental to a permitted use,
conducted in an area less than 10% of the building's footprint.
Source: Ordinance No. 283, 2nd Series
Effective Date: 9-12-03
street.
Subdivision 5. Prohibited Uses. No building, structure, or land shall be
used, and no building or structure shall be erected, altered or enlarged which is intended
or designed, for any of the following uses:
A. Residential dwellings.
B. Hotels, motels, rooming houses, or tourist homes.
C. Institutional uses.
Source: Ordinance No. 546
Effective Date: 9-18-81
shopping centers.
D. Except as provided herein, retail commercial uses, such as
Source: Ordinance No. 326, 2nd Series
Effective Date: 4-15-05
.
GOLDEN VALLEYCC
286
(6-30.05)
.
.
.
S 11.35
Subdivision 6. Loading and Parking Requirements. Off-street loading
facilities shall be provided for each place of business within the Light Industrial Zoning
District at the rate of one (1) loading berth for each business, or one (1) loading berth for
each 20,000 square feet of gross floor area, whichever is greater. Loading facilities shall
not be counted as parking spaces. Off-street parking shall be provided as follows:
A. Offices - One (1) parking space for each 250 square feet of gro~s
floor area, or fraction thereof.
B. Warehouse and Storage; Light Manufacturing, Packaging and
Processing Facilities - One (1) parking space for each 500 square feet of gross floor area,
or fraction thereof.
Source: Ordinance No. 546
Effective Date: 9-18-81
C. TruckNan Terminals - One (1) parking space shall be provided for
each 250 square feet of office/employee area and one (1) parking space shall be provided
for each 500 square feet of storage or warehouse area exclusive of spaces for fleet
vehicles. For terminals where the fleet vehicles are stored on-site when not in use, there
shall also be one (1) parking space provided for each driver's personal vehicle.
Source: Ordinance No. 50, 2nd Series
Effective Date: 11-22-90
D. Medical Clinics - One (1) parking space for each three (3)
employees, plus one (1) space for each doctor and one (1) parking space for each 250 sq.
ft. of gross floor area.
Source: Ordinance No. 82, 2nd Series
Effective Date: 2-27-92
E. Trade Schools or Training Centers - One (1) parking space per
seat, based on maximum seating capacity, and one (1) space instructor or support staff ^
position.
Source: Ordinance No. 252, 2nd Series
Effective Date: 7-26-01
F. Adult Day Care Center - One (1) parking space for each five (5)
persons cared for and one (1) parking space for each. employee.
Source: Ordinance No. 264, 2nd Series
Effective Date: 12-13-01
G. Accessory retail service and/or sales - one space for each 150
square feet of retail floor space.
Source: Ordinance No. 283, 2nd Series
Effective Date: 9-12-03
Subdivision 7. Yard Requirements. Front yard, side yard and rear yard
setbacks shall be required in the Light Industrial Zoning District as follows:
GOLDEN VALLEY CC 287 (12-31-04)
.
S 11.35
A. In the case of premises abutting a publjc street front yard setbacks
shall be at least 35 feet from the right-of-way line of said street. All front yard setbacks
shall be maintained as landscaped green areas. In the case of corner lots all portions of
said lot abutting a public street shall be deemed to be a front yard.
B. In the case of premises facing a Residential Zoning Districtor an
R-2 Zoning District across a public street, the yard abutting that street shall not be less
than 75 feet from the right-of-way line of the street to the structure.
C. Other side and rear yard setbacks shall be as follows:
1. In the case of premises adjoining a Residential Zoning
District or an R-2 District required side and rear yard setbacks shall be not less than 100
feet in depth.
2. In the case of premises adjoining a Multiple Dwelling,
Business and Professional Office, or Institutional Zoning Districts, required side and rear
yard setbacks shall not be less than 50 feet in depth.
Source: Ordinance No. 546
Effective Date: 9-18-81
3. In the case of premises adjoining a Commercial, Light
Industrial, Industrial, or Railroad Zoning District, required side and rear yard setbacks shall
be not less than 20 feet in depth.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
.
4. One-half (1/2) of the required side and rear yards, as
measured from the lot line, shall be landscaped, planted, and mainta.ined as a buffer zone.
Subdivision 8. Use Qualifications.
.
A. Landscaping. All open areas of any site, lot, tract or parcel shall be
so graded so as to provide proper drainage, and except for areas used for parking, drives,
or storage, shall be landscaped with trees, shrubs, or planted ground cover. Such
landscaping shall conform with a landscape plan approved by the Building Board of
Review.
B. Storage. All raw materials, supplies, finished or semi-finished
products and equipment shall be stored within a completely enclosed building, or within
the confines of a 100 percent opaque wall or fence not less than 6 feet in height.
C. Screening. All principal, accessory, and conditional uses, except
business signs, which are situated within 50 feet of a Residential Zoning District or an R-2
Zoning District shall be screened and buffered from such Zoning District by a separation of
open space which shall have a minimum depth of 30 feet, and shall include a required
fence or vegetative screening of not less than 90 percent opacity, and not less than6.feet
in height above the level of the said Residential or R-2 Zoning District.
Source: Ordinance No. 546
Effective Date: 9-18-81
GOLDEN VALLEY CC 288 (12-27-02)
.
.
.
S 11.35
Subdivision 9. Building Height. No building or structure, other than water
tanks, water towers, essential service communication structures as provided for in Section
11.71 of this Code and lighting fixtures, shall be erected to exceed. a height of forty-five
(45) feet in the light Industrial Zoning District. All necessary mechanical equipment and
elevator penthouses will not be included in computation of building height.
Source: Ordinance No. 271, 2nd Series
Effective Date: 11-15-02
Subdivision 10. Lot Coverage. No building or structure, or group thereof,
shall occupy more than fifty (50) percent of the total land area of any lot or parcel in a
light Industrial Zoning District.
Source: Ordinance No. 609
Effective Date: 11-11-83
Subdivision 11. Accessory Uses. The following are permitted accessory
uses in the light Industrial Zoning District:
A. Essential Services - Class "
Source: Ordinance No. 80, 2nd Series
Effective Date: 11-28-91
Subdivision 12. Temporary Retail Sales.
A. Temporary retail sales shall include only the retail sales
contemplated by the permitted uses in the Commercial Zoning District. Retail.sales
contemplated by the conditional uses in the Commercial Zoning District are excluded.
B. Any person seeking to operate a temporary retail sale in an
industrial district shall apply for a permit therefor from the Chief of Fire and Inspections
Services. A completed application must be submitted at least two weeks prior to the
commencement of the temporary retail sale. The Chiefof Fire and Inspections Services
will issue a permit only after it is determined that the application meets all requirements of
this subdivision. The permit application shall include the following:
1. The person(s) operating the retail sale and his or its address
and telephone number. If a corporation, the state of incorporation shall be provided along
with a list of the names and addresses of the officers and principal shareholders thereof.
2. The names and addresses of the owner(s) of the lot or site
on which the sale is to take place (sales premises) and proof that the owner(s) has
authorized the temporary retail sale.
3. The exact dates and hours of operation of the proposed
sale.
GOLDEN VALLEY CC
289
(12-27-02)
.
.
.
S 11.35
4. The name of the person who will manage the temporary sale
on the site and the names of employees. who will work at it.
5.A parking plan which indicates adequate available parking
on the sale premises during its proposed hours of operation. The plan must also indicate
adequate parking for any other businesses located on the same sale premises. If
adequate parking is not indicated on the parking plan in the opinion of the Chief of Fire
and Inspections Services, a permit will not be issued for the temporary retail sale.
6. A vehicle circulation and street access plan which shall be
submitted for review by the Director of Public Safety. It shall include acceptable methods
of access to the sale premises and acceptable traffic control measures to ensure safety of
those entering and exiting the sale premises. The operator of the sale must provide at his
or her cost all traffic control measures recommended by the Director of Public Safety
which may include the hiring of qualified persons to control traffic. If an acceptable vehicle
circulation and street access plan is not provided in the opinion of the Director of Public
Safety, a permit will not be issued for the temporary retail sale.
Resolution.
7. A non-refundable permit fee, established by City Council
8. A written authorization for the sale from the property
owner(s), together with the property owner's certification that he has given notification of
the sale to all other tenants of the building or site in which the safe is to take place.
9. Proof that all applicable licenses and approvals from the
City, Hennepin County or other governmental units have been obtained.
C. No site may be used for a temporary retail sale for more than five
(5) consecutive days and a total of fifteen (15) days in anyone calendar year.
D. The plans for the temporary retail sale shall be approved by the
Fire Marshall in order to insure that all fire and safety codes are met. If they are not so
approved, a permit for such sale will not be issued.
E. The temporary retail sale shall not interrupt vehicular circulation on
the site or obstruct parking spaces needed by permanent businesses. established on.the
site.
F. The temporary retail sale shall take place only inside a building.
*G. Sale hours shall be between 9:00a.m. and 9:00 p.m.
GOLDEN VALLEY CC
290
(12-27 -02)
S 11.35
. H. The permit for a temporary retail sale shall be immediately revoked
by the Chief of Fire and Inspections Services or his designee if any of the following occur:
1. Failure to meet any conditions of the permit.
. 2. Failure to provide adequate off-street parking for the sale,
which off-street parking does not impede the operation of other businesses on the
premises.
3. Failure to provide safe ingress and egress to the site.
City Code.
4. Failure to provide fire and safety provisions required by the
governmental units.
5. Failure to obtain all applicable licenses and approvals from
6. Failure to comply with any provisions of this subdivision.
Source: Ordinance No. 118, 2nd Series
Effective Date: 9-22-94
.
*Renumbering Source (G-H): Ordinance 272, 2nd Series
Effective Date: 10-25-02
. GOLDEN VALLEY CC
291
(12-27 -02)