07-13-98 PC Agenda
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AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, July 13, 1998
7pm
I.
Approval of Minutes - June 8 , 1998
II.
Informal Public Hearing - Amendment (No.1) to the Preliminary Design Plan
for Medley Hills P.U.D. No. 76
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Applicant: GV Development, LLC
Address: 9100-9165 Medley Road and 9101-9157 Medley Circle
Golden Valley, Minnesota
Request To allow each of the 33 townhome units to have up to 240 sq.ft. of
deck and/or porch space on the back or side of each unit as
indicated on an overall plan for the townhomes.
III. Reports on Meetings of the Housing and Redevelopment Authorlty,Clty
Council and Board of Zoning Appeal.
IV. Other Busines.
A Sensible Land Use Coalition Luncheon - Topic - Affordable Housing
V. Adjournment
Planning Commission Guidelines for Public Input
The Planning Commission is an advisory body, created to advise the City Council on land use..-
The Commission will recommend Council approval or denial of a land use proposal based upon
the Commission's determination of whether the proposed use is permitted under the Zoning
Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely
affect the surrounding neighborhood.
The Commission holds informal public hearings on land use proposals to enable you to leam,
first-hand, what such proposals are, and to permit you to ask questions and offer comments.
Your questions and comments become part of the record and will be used by the Council, along
with the Commission's recommendation, in reaching its decision.
With the completion of the informal public hearing( s) there will be a short recess before the
commission continues with the remainder of the agenda.
To aid in your understanding and to facilitate your comments and questions, the Commission
will utilize the following procedure:
1. The Commission Chair will introduce the proposal and the recommendation from staff. _
Commission members may ask questions of staff.
2. The proponent will describe the proposal and answer any questions from the
Commission.
3.
The Chair will open the public hearing, asking first for those who wish to speak to so
indicate by raising their hands. The Chair may set a time limit for individual
questions/comments if a large number of persons have indicated a desire to speak.
Spokespersons for groups will have a longer period of time for questions/comments.
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4. Please give your full name and address clearly when recognized by the Chair.
Remember, your questions/comments are for the record.
5. Direct your questions/comments to the Chair. The Chair will determine who will answer
your questions.
6. No one will be given the opportunity to speak a second time until everyone has had the
opportunity to speak initially. Please limit your second presentation to new information,
not rebuttal.
7. At the close of the public hearing, the Commission will discuss the proposal and take
appropriate action.
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Regular Meeting of the
Golden Valley Planning Commission
June 8, 1998
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
June 8, 1998. The meeting was called to order by Chair Pentel at 7pm.
Those present were Chair Pentel and Commissioners Groger, Johnson, Kapsner,
Martens, and McAleese; absent were Kapsner and Shaffer. Also present were Mark
Grimes, Director of Planning and Development; Beth Knoblauch, City Planner; and
Mary Dold, Administrative Secretary.
I. Aooroval of Minutes - Mav 11. 1998
MOVED by Groger, seconded by Martens and motion carried unanimously to approve
the May 11, 1998 minutes as submitted with the correction that Johnson did not attend
the meeting of May 11, 1998.
II. Informal Public Hearina - Minor Subdivision
Applicant:
Ronald J. Schmidt
Address:
2945 Regent Avenue North, Golden Valley, Minnesota
Request:
Subdivide the property located at 2945 Regent Avenue No.
Mark Grimes, Director of Planning and Development gave a summary of his report. He
noted the following information that the subject property fronts on Regent and Scott
Avenues; that the existing and proposed lot would meet the 10,000 sq.ft. requirement
for new lots; and that both lots would meet the 80 foot front setback requirement.
Grimes next reviewed the conditions for approval or denial as noted in Section 12.50,
Subd. 3 of city code. They are as follows:
· The proposed lot would meet all requirements of code.
· No steep slopes or excessive wetness is found on the existing or proposed lot.
· Sewer and water is available to the proposed lot.
· At this time, a shed occupies a portion of a drainage and utility easement. Staffs
recommendation is for the applicant to remove the shed from this
easement. Grimes noted that the other alternative would be to have the applicant
request a vacation of this easement.
Minutes of the Golden Valley Planning Commission
June 8, 1998
Page 2
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· No other public agencies would be affected by the proposal.
No title review of the property is necessary because no property is being given to
the City of Golden Valley
· The proposed lot would not cause any undue strain on adjacent roads or public
utilities.
· A park dedication fee for the new lot is accessed at $500.00.
Staff recommends approval for the Minor Subdivision with the conditions of a park
dedication fee of $500; the existing shed be relocated outside the existing drainage and
utility easement and all other easements are dedicated per code.
Commissioner McAleese asked staff if there should be a condition regarding the
Assistant City Engineer's memo. Grimes said that the commission could include the
memo as a condition.
Commissioner Groger asked how often water could be found in the drainage ditch.
Grimes commented that he did not believe that there is a significant amount of water in
the ditch after a rainfall. He said that Jeff Oliver, Assistant City Engineer, has reviewed
the survey and believes that if the house is sited properly water can be routed around
the house. .
Chair Pentel asked if staff knew how wet the drain field was and if anyone knew where
the drain tile was located. Grimes commented that he doubted if anyone knew where
the drain tile would be located.
Commissioner Martens questioned how staff could insure that no other landscape
structure would interfere with the drainage routed to the rear of the lot as noted on the
survey. Grimes commented that a drainage easement could cover the rear of the
property which means that no structure could be placed or constructed in this area.
Martens noted his concern that the drainage be maintained properly.
Martens, who lives to the north of the applicant, said that he has never .seen water in
the swale that runs through the proposed lot and to the south.
Ronald Schmidt, 2945 Regent Avenue North, told the commission that he has lived at
this address for 30 years and now the yard is too large to maintain. Schmidt
commented that there has never been drain tile in the area of the
drainage ditch. He said there was a drainage pipe located to the north that was filled
with sand and since that time there has never been water in the swale.
Schmidt addressed the issue of the shed located in the drainage and utility easement .
on the north side of the lot. He said that the contractor, who had constructed the shed,
told him there were no regulations for the construction of the shed and that he had
Minutes of the Golden Valley Planning Commission
June 8, 1998
Page 3
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checked with the city and nothing was on file. Schmidt had an old survey which he
stated did not show the easement on the property. Grimes commented that the original
plat on file does show the easement on the north side of the property. Schmidt told the
commission that the shed was constructed with the same materials as the house and
that it is bolted down to the contract slab beneath it.
Pentel asked about the easement and commented that the commission cannot grant a
variance for the shed to remain in the easement. Grimes said that the applicant could
request, through City Council action, a vacation of the easement and the Engineering
Department would review this situation to see if it could be vacated.
Martens agreed with Pentel that a variance cannot be obtained to allow the shed in the
easement. Pentel commented that this process of a vacation of the easement is
outside the process being discussed at this meeting. She continued by saying that the
minor subdivision meets the requirements of city code and that Mr. Schmidt can
address the shed and easement issue at the City Council level.
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Martens questioned staff on why the Board of Zoning Appeals could not address a
variance for the shed and what Mr. Schmidt would need to do. Grimes said that
vacation of the easement needs a public hearing and a recommendation by the City
Engineer to the City Council. He continued saying that the minor subdivision can go
forward with the understanding that if the vacation is denied, the shed would need to be
moved.
Pentel asked Grimes if staffs recommendation for moving the shed stands. Grimes
said yes.
Pentel opened the informal public hearing.
Mrs. Katherine Norman, 2935 Regent Avenue North, said that she is concerned with
drainage in the area. She said that she is concerned that with the construction of a
building on the proposed lot which would divert drainage toward her house. Norman
said the ground and house of the applicant is now elevated higher than her house and
water drains toward her already. She is concerned the drainage problem may have an
affect on her property value.
Marcie Maier, 3005 Scott Avenue North, said that she also was concerned with
drainage. She requested staff to look into the drainage issue a bit more.
Schmidt said he is aware that the surrounding residents are concerned about drainage,
but when the city constructed a storm sewer system in the area years ago, the drainage
problem was taken care of.
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Minutes of the Golden Valley Planning Commission
June 8, 1998
Page 4
Tammy Brotland, lives in Plymouth and granddaughter to Mrs. Katherine Norman living
at 2935 Regent Avenue NoFth, talked about the concern of what would happen to
property values in the neighborhood with the addition of another house on Scott.
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Pentel asked whether the proposed house on the survey is the footprint or envelope in
which a house could be constructed. Grimes said he believes it is the envelope of
where a house could be constructed and said it could be even larger on the north and
south sides.
Chair Pentel closed the informal public hearing.
Pentel asked staff that other than visual wetness, the applicant meets the factors for a
minor subdivision. Grimes said that is staff's finding and that if there is a concern
regarding drainage this can be added as part of the conditions for the subdivision. He
said the elevations of the proposed lot are about 851 and Mrs. Norman's lot elevation is
about 854; drainage for the proposed lot would be approximately three feet lower. He
said he doesn't believe that this proposed lot would cause wetness in existing
basements in the area. Pentel agreed with this comment.
Martens commented that the drainage runs north to south. He said he was aware of
wet basements in the area last year, but then the whole water table was substantially .
up. He recommends that a drainage easement be placed in the rear of the proposed
yard to eliminate any structure obstructing the flow of drainage in this area. Grimes
said that he would talked with the Engineering Department about looking at this and
having Mr. Schmidt's surveyor include the easement on the final plat if necessary.
McAleese said that he agreed with what was being said concerning the drainage and
believes it is a good idea to have the city's Engineer look at this situation. He said the
existing shed should be removed.
Johnson said she could understand the applicant's desire to have the shed remain
where it is currently located, but unfortunately it cannot be in the easement. She
agreed with McAleese that the city's Engineer should determine whether a drainage
easement needs to be located to the rear of the proposed yard.
Groger agreed with previous comments but added the possibility of the drainage on the
proposed lot being routed to the front of the house because most people want to use
their back yards, this may otherwise be a problematic area. He hopes that alternatives
would be looked at.
MOVED by Johnson, seconded by Groger and motion carried unanimously to
recommend to the City Council approval of the request to subdivide the property
located at 2945 Regent Avenue North with the following conditions: .
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Minutes of the Golden Valley Planning Commission
June 8, 1998
Page 5
1. A park dedication fee in the amount of $500 be received at the time of final plat
approval.
2. The shed, located on the north side of the property, be moved out of the easement
area before final plat approval and that all easements be shown on the final plat.
3. The Assistant City Engineer's memo, dated May 18, 1998, be considered a part of
the condition for approval.
4. Staff discuss with the city's Engineering Department on whether a drainage
easement should be placed on the east side of the proposed property.
III. Informal Public Hearina - Rezonina
Applicant:
Sharon and Gerald Lund
Address:
2320-22 Douglas Drive, Golden Valley, Minnesota
Request:
Rezone the property from single-family residential to two-
family residential
Director of Planning and Development, Mark Grimes, told the commission that the
applicants are requesting an amendment to the zoning map from single-
family residential to R-2. He explained that the applicants are trying to refinance their
house, but because the land is zoned single-family and a 2-family now exists on the
site, the bank will not refinance. Grimes said the dwelling was constructed as a duplex
and has been used for that purpose.
Grimes said the property exceeds the minimum requirements for a 2-family dwelling of
12,500 sq.ft. - this property is 27,000 sq.ft. He said the existing garage would need a
variance and the applicants are proceeding to the Board of Zoning (BZA) appeals at its
meeting of June 23. Grimes believes the character of the neighborhood will not change
with this rezoning. He then reviewed a color map indicating property uses in the
vicinity of the proposed rezoning.
Pentel asked staff that if the rezoning is granted do they need to proceed to the BZA.
Grimes said staffs recommendation to the applicant was to first appear before the
Planning Commission for review of the rezoning request. The BZA would then review
the variance request for the garage, and if the BZA denied the applicant's request, the
applicant would then proceed to the City Council with both the rezoning and an appeal
to the BZA's findings.
Minutes of the Golden Valley Planning Commission
June 8, 1998
Page 6
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Pentel asked for clarification on zoning in an R-2 district. Grimes said this district only
allows 2-family dwellings. Pentel asked if there is room enough on this site to create a
third lot to the south. Grimes said that there is not enough space for another lot.
Peter Thier, 2320 Douglas Drive and Gerald Lund, 2322 Douglas Drive, told the
commission that when they bought the dwelling, they were told that the two-family
structure was grandfathered in. They said they were told about the nonconformity
when they went to refinance the dwelling.
Chair Pentel opened the informal public hearing.
Gerald Egge, 6110 Wynnwood Road, wanted confirmation that the use on the property
could only be used as a 2-Family dwelling. Grimes reviewed that section of city code
regarding the 2-Family Zoning District. Egge said he was concerned because of the
size of the lot and the possibility that there was enough space for another dwelling.
Pentel reiterated what Grimes had said about the site not having enough square
footage for another building. Grimes added that additions could be done to the existing
structure.
McAleese commented that someone could come in and request a higher use for the
property, but it would then need to go through the hearing process for consideration. .
Chair Pentel closed the informal public hearing.
Groger asked if other duplexes in the area have been rezoned; Grimes said no.
Groger said he had no problem with the requested rezoning of this property and
believes it is appropriate to have R-2 zoning adjacent to single-family zoning and that
this is an appropriate setting. Groger wanted to make it clear that this request for a
rezoning does not set any precedent for other lots on Douglas Drive to be rezoned.
Johnson agreed with Grogerscomments.
MOVED by Martens, seconded by Groger and motion carried unanimously to
recommend to the City Council approval of the rezoning of the property located at
2320-22 Douglas Drive from Single-Family to 2-Family Residential.
IV. Reports on MeetinQs of the Housina and Redevelopment Authoritv.
Citv Council and Board of Zonina Appeals
Grimes noted that there would be redevelopment items coming before HRA, along 1-
394 soon. Pentel asked at what point does the commission want to think about the .
uses located along 1-394 and is office/warehouse the best use. Grimes told the
commission that they would be reviewing a PUD to be submitted by MEPC on the
Minutes of the Golden Valley Planning Commission
June 8, 1998
Page 7
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Golden Hills West area. He also said that the owners of the Metropolitan and vacant
land to the east would be submitting applications for a PUD and rezoning of the
property. ..
Martens asked staff if there would be amenities (master planning) in the Golden Hills
area. Grimes commented that MEPC, before Duke Realty Investments bought them
out, had planned to fit everything together but due to the sale is not sure the amenities
would be affected. Knoblauch commented that in the case of the Valley Square Area C
development, public spaces were important because it was considered a gateway into
Golden Valley, but Golden Hills is a non-retail oriented district. Martens noted that with
three or four buildings in the same area a master plan would be needed for
coordination on signage, etc. Grimes commented that MEPC is working on signage for
an entryway into this development. He also commented that Council Member LeSuer
would like to see sidewalks in these development areas.
Groger asked if the Planning Commission was going to be involved in the MEPC
design process because of the land use changes. Grimes said that he would bring
plans to the next Planning Commission meeting and the commission could make
comments on the plans. Pentel believed there are sidewalk, transit and roadway
issues. Knoblauch thought the MCTO would like to be involved in some way.
. Martens believed that most of the issues on these redevelopments are worked out
before the commission gets involved. He asked if the development agreement would
come after the PUD process. Grimes said no that the HRA would enter into a
development agreement before the Planning Commission and City Council saw the
plans; but this does not preclude that the PUD would be approved. Martens asked if
the HRA is reviewing plans during the development agreement process and Grimes
said they were, but these are preliminary plans which need to be looked at due to the
investment into the site. Knoblauch noted that these details are flexible.
Another item briefly talked about by Direct Grimes concerned the City hiring a
consultant regarding how the code deals with cell towers.
V. Other
The commission made note of the Oasis Mental Health Program Annual Report.
VI. Adioumment
Chair Pentel adjourned the meeting at 8:25pm.
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Emilie Johnson, Secretary
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MEMORANDUM
DATE:
TO:
FROM:
RE:
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July 8, 1998
Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearing - Amendment (No.1) to the Preliminary
Design Plan Medley Hills P.U.D. No. 76 -- GV Development, Applicant
GV Development, represented by Zachman Homes, has requested an
amendment to Medley Hills PUD No. 76 that would allow for greater flexibility in
the location and size of decks and porches. Currently, the PUD permit allows
for porches to be located on each townhome unit as indicated on the site plan.
Each unit has space for a deck or porch that is 10ft. by 12 ft. in size. There are
several corner units that indicate space for two decks or porches.
Zachman would like to amend the PUD permit in order to allow up to 240 sq.ft.
of either porch and/or deck space for each unit. The porch and/or deck may be
constructed within the location shown on the new attached plan. The spaces
that are shown on the plan are larger than 240 sq.ft.; however, the deck and/or
porch cannot exceed 240 sq.ft. In addition to the deck and/or porch, each unit
may have an at-grade patio adjacent to the front door.
Zachman has found that several of his buyers have wanted to have both a
three-season porch and a deck off the porch. The amount of space that would
be allowed with the current plan is inadequate for both. Some buyers have also
wanted flexibility in the location of decks off the rear or side of the units. By
allowing the deck or porch space to be some where in a larger area, it gives
more flexibility in designing space.
The issue for the Planning Commission to consider is the overall size of the
proposed deck and porch space. Is 240 sq.ft. too much? I have spoken with
the Inspections Department about this request. The reaction received from
them is that 240 sq.ft. is not an excessive amount of deck and/or porch space
for town home units of this size.
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RECOMMENDED ACITON
Staff is recommending that Medley Hills P.U.D. No. 76 be amended to allow up
to 240 sq.ft. of deck and/or porch space for each unit within the development.
The deck and/or porches may be built within the designated areas shown on the
attached plan.
Attachments: Location Map
Permit for P.U.D. No. 76
Partial Survey (attached)
Site Plan (attached)
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Medley Hills P.U.D. No. 76
City Council Approval: October 7. 1997
City of Golden Valley, Minnesota
Use Permit
for
Planned Unit Development
Project Name:
Medley Hills P.d.D. No. 76
1
Location :.
9100-9165 Medley Road and 9101-9157 Medley Circle
Legal Description:
A parcel of land being out of and part of Section 30, Township 118, Range 21,
City of Golden Valley, County of Hennepin, State of Minnesota, more particularly
described as follows;
Commencing at the northwest corner of said Section 30, thence South 88 degrees
48 minutes 45 seconds East with the north line of said section, 1210.03 feet to the point
of beginning herein; thence continuing with said north line South 88 degrees 48 minutes
45 seconds East 574.35 feet; thence South 00 degrees 00 minutes 53 seconds West,
495.10 feet; thence North 88 degrees 48 minutes 45 seconds West, 581.08 feet; thence
North 00 degrees 47 minutes 30 seconds East 495.01 feet to the point of beginning
herein.
That part of the 30 foot parcel quitclaimed to the Village of Golden Valley for right
of way, drainage and utility purposes, in Book 2366, Page 39 Deed Records, situated in
the Northeast Quarter of the Northwest Quarter of Section 30, Township 118, Range 21.,
City of Golden Valley, County of Hennepin, State of Minnesota, more particularly
described as follows:
Commencing at the Northwest Section corner of said Section 30, thence South 88
degrees 48 minutes 45 seconds East, with the north line of said Northwest Quarter,
1754.39 feet to the point of beginning herein; thence continuing with said north line
South 88 degrees 48 minutes 45 seconds East, 30.00 feet; thence South 00 degrees 48
minutes 38 seconds West, 495.01 feet; thence North 88 degrees 48 minutes 45 seconds
West, 36.88 feet; thence North 00 degrees 00 minutes 53 seconds East, 495.10 feet to
the point of beginning herein.
Applicant:
Golden Valley Development Corporation
Address:
8500 Franlo Road, #103, Eden Prairie MN 55344-3952
.
Medley Hills P.U.D. No. 71
Page Two
Owner:
Golden Valley Development Corporation
Address:
8500 Franlo Road, #103, Eden Prairie MN 55344-3952
Zoning District:
Two-Family Residential
Permitted Uses:
Development shall be limited to not more than 33 town home
units in
structures of two or three units apiece.
Components:
A. Land Use Component:
.
1. Allowed uses of lots within the development shall be those permitted uses listed for
the R-2 Two-Family Residential zoning district per City Code. Conditional uses
shall not be allowed except by amendment of the PUD permit. Allowed use of
Outlot A shall be storm water ponding and such recreational open space furnishings
or activities as will not create a public hazard or interfere with the primary use of the
parcel for ponding purposes. Allowed use of Outlot B shall be internal circulation
and delivery/pick-up stops; short term parking shall be allowed on one side of the
street only.
2. For the City's general enforcement purposes, except as otherwise specified in the
terms of the PUD permit each townhome unit and lot shall be regulated in
accordance with all City Code provisions applicable to two-family homes.
3. The homeowners' association for the development may establish more restrictive
property regulations than those in City Code, but enforcement of such provisions
shall be the responsibility of the association. The association shall not establish
property restrictions in violation of applicable federal, state or local regulations
including the terms of the approved PUD permit
B. Construction
1. Before any construction permits are issued, the developer shall amend the draft
covenants and related documents as specified by the City Attorney.
2. Proof of recording, for both the plat and the separate easement document, must be
provided to the City before any construction permits are issued.
. 3. An as-built survey shall be completed for each structure as soon as the foundation
is substantially in place. If there is an incomplete match between lot lines and unit
Medley Hills P.U.D. No. 76
Page Three
.
walls, the developer shall either relocate the foundation or request City approval of
a PUD amendment to replat the affected lots, No certificates of occupancy will be
issued for a unit that fails to align with an underlying lot boundary.
4. Except as otherwise specified in the conditions of General Plan approval, all phases
of site development shall be subject to the standards, approvals, fees, and other
requirements that would arise in connection with a similar project outside of a PUD.
S. Development of the site shall be limited to not more than thirty-three (33) townhome
units in structures of two or three units apiece, per the approved site plan sheet C-1
prepared by Passe Engineering and attached to the PUD permit by reference.
6. Porches or decks are optional items, in the front and/or back, that may be
constructed at any time after the main unit has been built, provided that they must
be located and sized to fit within the area marked as "porch" on the approved site
plan.
.
7. The front elevation exhibit for Sheet AS, showing the San Clemente and Santa
Barbara facades, and related information on the exhibit entitled "Exterior Features
for Medley Hills Townhomes, Golden Valley, MN" shall be attached to the PUD
permit as design guidelines. At the time of actual construction for each structure in
Medley Hills, the Inspections staff will determine whether the design specifics for
that structure adequately meet the guidelines as to exterior appearance and
construction materials. Structures found to be not in keeping with the guidelines
shall not be granted building permits until necessary modifications are made as
required by the Inspections staff.
8. After initial construction, whenever any exterior maintenance or improvement of a
lot or unit within the development requires any form of City permit, the permit
application submittal shall include some form of written permission from the
homeowners'
association to ensure conformity with applicable standards established by the
association.
.
9. The landscaping plan prepared by Morse Associates and dated 7/11/97 shall be
made a part of the approved PUD permit, subject to the mandatory substitution of
Black Hills spruce trees in place of all pine trees indicated along Medicine Lake
Road, the discretionary substitution of Black Hills spruce trees in place of the
Colorado Spruce trees along Medicine Lake Road, and final review and approval by
the City's Building Board of Review. If the Building Board of Review requires
additional changes to the landscaping plan beyond those indicated here, such
changes shall also be made part of the approved permit in narrative form or via an
amended plan sheet signed and dated by the City's Chief Building Inspector. The
.
.
.
Medley Hills P.U.D. No. 76
Page Four
developer shall provide a landscaping performance bond in the amount and for the
period of time established by the Building Board of Review.
C. Utilities and Grading
1. Before any grading or utility permits are issued, the developer shall provide the City
with acceptable plans, information, and other submittals as identified in all points of
the "Utilities" and "Grading and Erosion Control" sections of the Engineering Final
Plan Review memo dated July 29, 1997 and attached to the PUD permit by
reference. Fire hydrant locations, at intervals not to exceed 300 feet, shall be
shown on the required utility plans.
2. During and after construction, the developer shall comply with all instructions
outlined in the "Utilities" and "Grading and Erosion Control" sections of the
Engineering Final Plan Review memo dated July 29, 1997.
D. Circulation Component:
1. The internal circulation system shall be named, and individual units shall be
addressed, per a system established by the City Inspections Department;
addresses of all units shall be plainly visible from the street.
2. Fire lanes shall be established and posted along the private road system as
required by the Public Safety Department and in conformity with City Code Section
9.12.
3. A separate document shall be prepared and recorded with the plat by the
developer, granting a permanent easement for a biking or walking path across all of
the northerly three feet of the site adjacent to Medicine Lake Road as dedicated on
the plat. If and when Hennepin County implements the Medicine Lake Road
segment of its planned bike trail system, this easement shall be made available for
county use. If the county removes the Medicine Lake Road segment from the trail
system plan, the City at its discretion may release the easement or retain it for City
trail purposes.
C. Subdivision
1. In order to obtain plat approval by the City and the County (for recording purposes),
the developer has agreed to register the subject property including a 5 to 10 foot
gap adjacent to the eastern boundary of the property, which registration will result in
Medley Hills P.U.D. No. 76
.
Page Five
marketable title in developer or his (its) affiliate. No building permits shall be issued
until such title registration is complete.
It is hereby understood and agreed that this Use Permit is a part of the City Council
approval granted on October 7, 1997. Any changes to the P.U.D. Permit for Medley Hills
P.U.D. No. 76 shall require an amendment.
Witness~~
----
By:
Title:
Date:
CITY
. Witness: ~1(&!9 f)rti'i (j,J~ By:
Date: J I - 5- q 7
Witness:~!I~ (W{~X By:
Date:
Warning: This permit does not exempt you from all other City Code provisions,
regulations and ordinances.
.