03-11-91 PC Agenda • GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
GOLDEN VALLEY CITY HALL
Council Chambers, 7800 Golden Valley Road
Gol den Val l ey, Mi nnesota
March 11, 1991
7:OOP.M.
AGENDA
I. APPROVAL OF MINUTES - February 25, 1991
II. RESCHEDULE ANNUAL MEETING TO APRIL 8, 1991
III. INFORMAL PUBLIC HEARING - AMEND CITY COMPREHENSIVE LAND USE PLAN MAP/ '
AMEND ZONING CODE
• APPLICANT: ACC/McCaw Cellular of Minneapolis and Golden Valley
Nousing and Redevelopment Authority
ADDRESS: Part of Outlot F, North Wirth Parkway 3rd Addition
REQUEST: To amend the City Comprehensive L and Use Plan Map from
Business and Professional to Industrial and the Zoning
Code from Light Industrial to Radio to permit the
construction of a cellular telephone tower.
IV. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY, CITY
COUNCIL AND BOARD OF ZONING APPEALS
V. OTHER BUSINESS
VI. ADJOURNMENT
•
MINUTES OF THE GOLDEN VALLEY
PLANNING COMMISSION
• February 25, 1991
A regular meeting of the Planning Commission was held at the Golden Valley City
H al l , Counci 1 Ch amber, 7800 Gol den V al l ey Road, Gol den V al l ey, Mi nnesota. The
meeting was called to order by Chair Prazak at 7:05p.m.
Those present were: Kapsner, Lewis, McAleese and Praz ak; absent was McCracken-
Hunt. Also present were Mark Grimes, Director of Planning and Development; Beth
Knoblauch, City Planner and Mary Dold, Secretary.
I. A�proval of Minutes - February 11, 1991
MOVED by Lewis, seconded by Kapsner and motion carried unanimously to approve
the February 11, 1991 minutes as submitted.
II. Informal Public Hearing - Amendment to Comprehensive Land Use Plan Map
Applicant: Golden Valley Congregation of Jehovah's Witnesses
Address: Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition
Request: Amend Comprehensive Land Use Plan Map from Residential
• to Semi-Public Facility
III. Informal Public Hearing - Rezoning from Residential to I-1 Institu-
tional Frac 1 ity
Applicant: Golden Valley Congregation of Jehovah's Witnesses
Address: Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition
Request: Rezone from Residential to I-1 Institutional
IV. Informal Public Hearing - Minor Subdivision
Applicant: Golden Valley Congregation of Jehovah's Witnesses
Address: Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition
Request: Minor Subdivision to consolidate several existing lots
along Winnetka Avenue
Chair Prazak introduced this agenda item and stated that because the above
requests pertain to the same property there would not be separate public hear-
• ings for the three issues but will be voted on separately. Chair Prazak asked
staff for a brief summary of the requests. Beth Knoblauch, City Planner, gave a
brief summary of the requests of the Golden Valley Congregation of Jehovah's
Witnesses Church.
Minutes of the Golden Valley Planning Commission
February 25, 1991
P age Two
Beth Knoblauch reviewed the Comprehensive Land Use Plan Map. She stated that �
churches are considered to be neighborhood based. In Golden Valley the vast
ma,jority of existing churches are located in situations exactly like the pro-
posed one where there i s access onto a col l ector or arteri al street and si ngl e
family residential uses on one or more sides. Winnetka Avenue is an arterial
street. This church is an appropriate use for the sitee
Ms. Knoblauch reviewed the rezoning request. The property is zoned single
family residential which does not allow churches by right or conditional usee
Golden Valley does have an institutional zoning district which is appropriate
for schools and churches. However, there is no vacant I-1 property at this
time. In order to permit a church, this property will have to be rezoned to I-1
Institutional . The site plan shows that the proposed location can meet all the
zoning requirements including setback and parking requirements. The argument
could be made that this could constitute spot zoning but this is the way that
churches are zoned in Golden Valley. Each one has its own zoning identification
on the zoning map. In almost every case, churches are surrounded by other types
of zoning (mostly residential ). The spot zoning argument doesn't work unless
one excludes churches entirely or develop some sort of "mega church district"
and have every church side-by-side in that district.
The third item reviewed by Ms. Knoblauch was the request for a minor subdivi-
sion which would consolidate all consisting parcels on the site into a single
parcel . Eight factors regarding minor subdivisions were reviewedo Staff is
recommending approval of the Comprehensive L and Use Plan Map, Rezoning and �
Minor Subdivision.
Chair Prazak asked where the entrances to the church would be on Winnetka
Avenue. Ms. Knoblauch stated that one entrance has been planned and the
Hennepin County Department of Transportation must approve the location of that
entranceo
Commissioner Lewis asked if anyone had consulted the City Engineer as to whether
there would be a problem with drainage. Mse Knoblauch stated that the City has
not conducted any specific drainage studies. Lowell Odland, City Engineer, has
the opinion that there are poor soils on the property and that this could cause
development problems. Mark Grimes commented that Mr. Odland has reviewed the
site plan. Drainage from the lot will flow into the existing storm sewer sys-
tems and not have a negative effect on adjoining property. The City has to
assure this before the building permit can be issued.
Chair Prazak asked the applicant from the Jehovah's Witnesses congregation to
come forward and make any comments and answer questions. The representative,
Michael Cave, reviewed the site plan, pointing out the location of the building.
He discussed the drainage problem and stated two storm sewer drains will be
located in the lot. Mr. Cave talked with the County and they requested that the
entrance at the south end of the lot be moved to the north end because of the
hill and traffic problems which may occur. The applicant was also asked, by
Hennepin County, to make the driveway 30 ft. wide rather than 24 ft. Mr. Cave
also talked about the request by the County to dedicate an additional seven feet
of right-of-way for future widening of Winnetka Avenuev �,
Chair Prazak opened the informal public hearing.
Minutes of the Golden V alley Planning Commission
February 25, 1991
• Page Three
Kathy Thorsell , 2041 Valders Ave. No. asked about the a driveway from Valders
for the church, change in the tree line and how long the congregation would be
staying if they out-grow this facility. Beth Knoblauch commented that the City
has no plans to put a city constructed street going into Valders and nor does
the applicant. The applicant hopes to retain as many trees in the SW corner as
possible to serve as a buffer. Mr. Cave explained that there are no plans to
move the congregation off this site and that when the congregation becomes too
big, a new site would be located and the congregation would be split.
Edward J. Muszynski, 7925 23rd Ave. No. is concerned about water draining from
the parking loto He would like to know what will happen to the empty lots
behind 7925 23rd Avenue if the City is not going to put the street in off of
Valders. Mark Grimes stated that there will be storm sewer drainage in the
parking lot that hooks up to the City system and the City expects no drainage
problems. In terms of the large area behind the double home on Winnetka, the
plan had been, in years past, that potentially there could be a couple lots
built on that property fronted on a street off Valders Avenue. Staff has talked
with the City Engineer who has worked over the years with the property owners
and no agreement has ever been struck about building a street. Mr. Muszynski
requested to be notified so he could have someone review the drainage plan with
him.
Mark Thorsell , 2041 Valders Ave. No. is opposed to rezoning of the propertye
• He read a brief statement of objections and handed the statement to the City
Plannere
R ay Becker, 2140 Valders Ave. No. is concerned about water problems and the
intrusion of churchgoers on the small lot next to his property which is owned by
the applicant. Mark Grimes stated that the Jehovah's Witnesses want to maintain
the low area near the Becker home because the soil is not good. Mr. Becker
asked about the distance between his house and the back of the proposed Kingdom
Hall . Mark Grimes calculated that the distance would be approximately 140 feet.
Robert Erickson, 2041 Winnetka Ave. No. asked about the meeting schedules and
discussed his concern with invasion of headlights and parking lights later in
the evening. Mr. Erickson handed the City Planner church schedules firom the
Jehovah's Witnesses facilities in Golden Valley, Champlin and Maple Grove. Mark
Grimes stated that he has talked with the applicant about meeting times and most
should be over by 9:30-10:00 and parking lot lights should be out around
10:00 p.m.
Ted Stone, 2001 Rhode Island No. questioned information the City had regarding
the soil problem and if a church could be built on problem soil why couldn't
residences. He is concerned about traffic, drainage and property taxes increas-
ing because of the non-exempt status given to this applicant. He asked how many
previous churches were built in residential areas before the area was built-up,
therefore not needing rezoning.
• Joy Gerber, 2135 Valders Avenue No. was concerned where the overflow of cars
not able to park in the lot during services would park. She was also concerned
about not being able to identify cars by their neighborhood and if church goers
would walk through yards to get to the church. She asked about City policy
regarding church parking on City streets.
Minutes of the Golden Valley Planning Commission
February 25, 1991
Page Four �
Sara Moore, 2120 Winnetka Avenue stated that she lives in a strong residential
area and does not want commercial or other uses encroaching further in the
neighborhood. She does not want a parking lot as a neighbor. She feels that
the building of this church may make the area more transient bringing in rental
homes. She asked if the surrounding neighborhood have input concerning the
landscaping and fencing. Ms. Moore submitted to the City Planner a petition
from the surrounding neighbors opposing this request. She indicated that neigh-
bors would not object to double or townhome construction in the area.
Chair Prazak asked staff to comment on the previous questions. Mark Grimes
stated that the landscape plan that the City Council looks at is a conceptual
plan and the Planning Commission can make suggestions to the Council regarding
the landscape plan. The Building Board of Review reviews the landscape plan
before issuing a building permit. Mr. Grimes also talked about parking on the
streets and there should be plenty of room in the church parking lot; if parking
became a problem "no parking" signs could be posted on nearby streets. Parking
would not be permitted on Winnetka Avenue.
Wilt Berger, 7810 Winnetka Heights Dr. is concerned if the property is rezoned
to an I-1 district what kind of controls are there for the overall process of
developing and who takes into consideration the plans for signs, landscaping,
and appearance of the building. Mark Grimes stated that the Building Board of
Review holds public meetings but notices are not sent out. If someone is
interested in attending they can contact the Zoning and Inspections Department
or the Planning Department regarding the meeting time. Sign codes in Golden �
Valley are strict and there shouldn't be a problem. Mr. Berger asked how the
City would enforce the parking issue if this became a problem -- "no parking"
signs would be an imposition on the neighborhoodo Mr. Grimes stated that if
parking becomes a problem, the first people having a problem would be the church
because the neighbors would let them knowo Also, there is additional property
on the proposed site that could be expanded for parking. The closest street
parking would require a 250-300 foot walk for church members.
William Moore, 2120 Winnetka Avenue is concerned about the traffic on Winnetka.
He lives across from the proposed site and at present deals with peak traffic
during the week and does not want it on Sunday morning. He is also concerned
about children playing and taking away the prospect of having residential fami-
lies across the street. He asked the Commission what recourse the surrounding
neighbors would have if this proposal passed. He is opposed to rezoning other
than to residential . Chair Prazak stated that the City Council will have a
public hearing and neighbors would be notified to attend and have another oppor-
tunity to raise issues again at that hearing.
Merrie Forstein, 8345 23rd Ave. No. is concerned about traffic on 23rd Avenue
No., the rezoning of properties and the possibility of decreasing the value of
homes in the area due to the church.
Edward Hafner, 2125 Orkla Drive concerned about the speed on Winnetka Avenue and
recommends denial to rezoning the site.
L aVerne Becker, 2140 Val ders Ave. No. concerned about the overfl ow parki ng on o
Valders. The direct walking route from Valders to the church would pass their
front y ard. This property strip would be owned by the church. The surrounding
neighbors have been maintaining the strip of property owned by the proposed
applicant for a number of years.
Minutes of the Golden Valley Planning Commission
February 25, 1991
� Page Five
Chair Prazak asked the applicant to make comments. Dick Taylor, a member of the
congregation, stated that the church is aware of the neighbors' concerns and
wants to be a "good neighbor". Mr. Taylor addressed the drainage topic and
stated that the church would have to be assured there would be no problem before
building. Parking should be adequate. Church members have never parked on
streets, at any facility he knows of in the Twin Cities. He said the members
would not be allowed to park on streets. If there would be a problem it would
be handled by the church. There are no activities for children during the day
and no Sunday school for children. Jehovah' s Witnesses have been at the Duluth
and Douglas location for 34 years and have had no problems with their neighbors.
Commissioner Lewis asked Mr. Taylor about the lighting. He stated the lighting
is comparable to that at the Duluth and Douglas site and lights will go out
about 10:OOp.m. Commissioner Lewis also asked if the applicant would have a
problem discussing the landscape plan with the neighbors. Mr. Taylor responded
they do not object to the neighbors' input.
Commission McAleese made the comment that the existing neighborhood thinks the
Jehovah's Witnesses, at their present site, are good neighbors. Commissioner
McAleese asked Mr. Tayor if the move to the new site is contingent upon the sale
of the existing site. Mr. Taylor answered yes.
Edward Hafner, 2125 Orkla Drive feels that Winnetka Avenue is becoming a "super
highway" and requests that the vote on this proposal be withheld until a traffic
O study is completed. Mark Grimes stated that Winnetka Avenue is an arterial road
and its function is to carry traffic and a great deal of traffice The church is
a good use for this site because of its low peak hour traffic.
Chair Prazak closed the informal public hearing.
Chair Prazak commented that he believes this proposal is reasona6le. The
traffi c woul d be at off-peak times and i s convi nced that the church woul d be a
"good neighbor". Chair Prazak expressed his concern that this is a totally
residential area on all four sides and is leaning toward not supporting the
request.
Commissioner Kapsner stated that he shares the concerns of the neighbors but he
lives in an area with churches nearby and does not expect the proposed use to
cause any major problems. The church would not have to be built on pilings but
if this area went with residential some would need to be. He shares Mr.
Becker's concern of high water but is convinced that adding two storm sewer
drains to this parcel of land would solve some of the water problems. Mr.
Erickson brought up the issue of lighting and Commissioner Kapsner feels this is
a minor concern. Traffic is a large concern, especially on Winnetka, but it
should not be a problem by adding 70 cars to Winnetka on an off-peak time.
Commissioner Kapsner is pleased to hear that the church is willing to work with
the neighbors on the landscaping. Some land uses do not fit in the neighborhood
but schools and churches are a legitimate land use. There are some things that
a community needs and there will be some land use in the community that will be
� non-taxable, and adding a church to the City would not put Golden Valley in an
unreasonable situation. Commissioner Kapsner supports the proposal .
Commissioner Lewis is concerned with the drainage and would like to see a good
plan for the drainage problem. Sees no problem with parking on the site and the
Minutes of the Golden Valley Planning Commission
February 25, 1991
Page Six
traffic on Winnetka has alw�ys been a problem but the church traffic is at off- �
peak hours and doesn't present a concern. Commissioner Lewis reiterated Mr.
Taylor's comment of wanting to be a "good neighbor" and supports this proposalo
Commissioner McAleese asked staff what other uses are allowed in an I-1 Institu-
tional District. City Planner, Beth Knoblauch, stated that in the I-1 district
only schools and churches; or as conditional uses, day care and heliports.
Commissioner McAleese agrees with Commissioner Kapsner on the need for a community
to provide space for churches. In Golden V alley, if we don't allow rezonings,
specifically rezonings in residential areas, we are talking about foreclosing
Golden V alley for any future churches, unless they choose an existing I-1 site�
The issues of taxes, the City recognizes that there are certain functions that a
community should provide and one of those things are churches. Drainage is not
a problem and feels Golden Valley takes measures to m ake sure drainage doesn't
get worse. The question about the traffic study is a concern but the problem is
that the County feels that an arterial road, such as Winnetka, is capable of
handling an immense amount of traffic. Commissioner McAleese agrees that turn-
ing movements to and from the site could cause problems, but feels that a traf-
fic study would not pick up on this problem. The issue of lights is important
but the church said they would like to be a "good neighbor'° and the topography
of the land will prevent alot of the lighting issue. Commissioner McAleese has
no problem with the minor subdivision. The issue is the change in the character
of the neighborhood and feels that the City has entered into a contract to main-
tain the character of a neighborhood. The City is dealing with a rezoning and
maki ng a change to thi s area of 1 and that woul d 1 ast forever or unti 1 i t i s �
changed by the City Council in the futuree Commissioner McAleese believes this
request would have an effect that would substantially change the nature of the
neighborhood and is opposed to a change in the comprehensive plan use map and
the rezoning.
MOVED by McAleese, seconded by Prazak and resulting in a 2-2 split vote to deny
recommendation of approval for a request of an amendment to the Comprehensive
Land Use Plan Map of Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition.
MOVED by McAleese, seconded by Prazak and resulting in a 2-2 split vote to deny
recommendation of approval for a request of a rezoning of Lots 1, 2, 3, 4, and
Outlot 1; Block 1; Marimac Addition from Residential to I-1 Institutional
Facility.
MOVED BY Lewis, seconded by Kapsner and motion carried unan�mously to recommend
to the City Council approval of the minor subdivision to consolidate Lots 1, 2,
3, 4, and Outlot 1; Block 1; Marimac Addition subject to the eigMt factors sub-
mitted by staffe
* Vo Informal Public Hearing - Carousel Automobiles - Conditional Use Permit
Applicant: LeJeune Investments Inc.
Address: 8989 Wayzata Boulevard �
Requesto Add two-story (7,000 sq.ft.) addition to Carousel Auto�
mobile Facility
Minutes of the Golden Valley Planning Commission
February 25, 1991
• Page Seven
Chair Prazak introduced this agenda item and asked staff for a brief summary of
the request. Mark Grimes, Director of Planning and Development summarized the
request. Mr. Grimes stated that the applicant would have to go before the Board
of Zoning Appealsbecause there aresome existing non-conformitiesin termsof setback,
in particular, along the streets which are to the west and north. This struc-
ture has previously been granted variances for setback. The Board could grant
variances, if they so choose, so that this use could continue with those types
of zoning setbacks as they are today. The Board of Zoning Appeals should take
place before the City Council hears this request.
Chair Prazak asked the applicant if he had any information to add or any
questions. The applicant, Jon Hansen replied no.
Chair Prazak asked the applicant why they are allowing for so many parking
spaces. Mr. Hansen stated that on occasion there are more customers than normal
and would need more spaces than the code requires; they do not want customers to
be cramped in a parking area.
Chair Prazak opened the informal public hearing and seeing no one closed the
informal public hearing.
MOVED by McAleese, seconded by Kapsner and motion carried unanimously to recom-
mend to the City Council approval of a two-story addition to the Carousel
• Automobile Facility at 8989 Wayzata Boulevard subject to the five conditions
staff has recommended.
VI. Reports on MeetincL of the Housing and Redevelopment Authority, City
Counci an Boar of oning ppea s
No reports were given.
VII. Other Business
PJo new business was presented.
VIII. Adjournment
Chair Prazak adjourned the meeting at lO:lOp.m.
*Agenda Item No. V was the first informal public hearing to be heard because of
the considerable length of time items II, III, IV may have taken.
•
MEMORANDUM
•
DATE: February 20, 1991
T0: Golden Valley Planning Commission
FROM: Elizabeth A. Knoblauch, City Planner
SUBJECT: AMEND COMPREHENSIVE LAND USE PLAN/AMEND ZONING CODE/MINOR
SUBDIVISION
The Golden V alley Congregation of Jehovah's Witnesses has signed a purchase
agreement for five parcels of land along the west side of Winnetka Avenue south
of 23rd Avenue (see site location map on next page). The congregation would
like to sell its current site at Duluth and Douglas to another church group, and
build a new f acility on Winnetka. This would require consolidation of the five
parcels into a single, buildable site, rezoning of the site from a Residential
• to an I-1 Institutional designation, and changing the Comprehensive L and use
plan map to reflect use by a "semi-public facility".
The Planning Commission is being asked to hold informal hearings on each of
these three actions, and to prepare a recommendation for forwarding to the City
Council . The consolidation of the parcels could take place with or without the
other two actions. The rezoning and the rnap amendment are linked together, and
must be approved before any site construction can begin. Each of the proposed
actions is discussed in separate sections of the following staff report.
EAK:mkd
•
Informal Public Hearing
� Amendment to Comprehensive Land Use Plan Map from Residential
to Semi-Public Facility; Jehovah's Witness, Applicant
In most communities, churches or schools are linked with residential use areas
if the facilities are small and relatively neighborhood based, or with commer-
cial areas if the facilities serve a more regional population. In Golden
Valley, on the other hand, churches and schools are considered to be separate
and distinct from all other use categories, regardless of size or population
served. There is a specific zoning subdistrict reserved for them, and they are
identified on the land use plan map as either "semi-public facilities" (if there
is a church only) or as "schools" (if the site includes a church and a school ).
This creates certain administrative hurdles any time a congregation wishes to
relocate, as in the case of Jehovah's Witnesses. Because churches are identi-
fied as fairly exclusive uses, congregations cannot simply look for other areas
where similar uses are located, as a store owner might look for space in another
commercial area, for example. A church can only be built on land that is zoned
for churches, and because virtually no other types of uses could go on that same
land, the only land in Golden Valley that is zoned for churches tends to already
have churches on it. Therefore, virtually any new or relocating church in
Golden V alley is going to require a rezoning, unless an existing church congre-
gation moves away or is disbanded. Because zoning is required by law to match
the comprehensive plan, this requires a plan map amendment as well .
O A review of churches presently located in Golden Valley turned up 18 f acilities
of various sizes and denominations. All were located in proximity to some
amount of residential uses. A dozen had single family uses abutting or directly
across a street from 50/ or more of the church property perimeter. In terms of
access, one church is on a local street, 10 are on collector streets, five are
on minor arterials, and two are on Hwy. 100, though they access the frontage
road rather than the highway itself.
Thus, the proposed site with its adjacent residential uses and its location on
a minor arterial is in keeping with other church sites in Golden Valley. It is
sometimes argued that churches take 1 and away from the community tax base, but
the community contribution of churches is generally measured in terms of service
rather than taxes. The site has proven difficult to market for single family
development, because of high development costs associated with poor soils. An
adjacent duplex and two single family homes were built to face a street that
would access the proposed site from Valders, but neither of the two property
owners involved ever took the action necessary to construct or even to dedicate
the right-of-way for that street, and it is the opinion of the City Engineer
that -- again because of high related costs -- it would not further the City's
best interests to take on the construction of that street.
Based on staff research, it would appear that the proposed site is appropriate
for designation as a "semi-public facility" on the comprehensive land use plan
map. If the map amendment is determined to be inappropriate, then the accom-
panying rezoning would be inappropriate as well .
e
Note: The land use map and the land use plan map are both rendered in color, and
are therefore not easily reproducible. They will be available at the
hearing.
Informal Public Hearing
� Rezoning from Residential to I-1 Institutional District
Lots 1, 2, 3, 4, and Outlot 1; Block 1; Marimac Addition
Jehovah's Witness, Applicant
As indicated during the previous discussion regarding the Comprehensive Land Use
Plan amendment, there is no place in Golden Valley where the Jehovah's Witness
congregation could relocate without having to ask the City for a rezoning. The
congregation' s current facility at Duluth and Douglas is not considered to meet
the needs of the congregation, and a new location has been sought for several
years. The fact that the existing facility could not be sold -- except to
another church group -- without itself being rezoned, has been a factor in
delaying the congregation's plans for building a new facility. Reconstruction
could not take place on the current site because it is too small to meet today's
zoning requirements and still accommodate a useable-sized building; the current
building is nonconforming, but may remain in use as long as no major modifica-
tions are made.
The site plan submitted by the congregation shows that the proposed location can
comfortably accommodate the new church and still meet all parking and setback
requirements. The site plan also shows access only onto Winnetka Avenue, as
preferred by the City in order to prevent disgorging up to 70 cars at a time
onto residential streets. The access will have to be approved by Hennepin
County, because Winnetka is a County road, but that approval is expected to be
obtained. The site plan does not show that seven feet of land along Winnetka
O Avenue from the north to the south end of the property is expected to be
required by the County as a right-of-way dedication. Staff did not know at the
time of conference with the applicant that this requirement would come up, and
so could not notify the applicant, but even with the loss of area for the dedi-
cation, the site plan remains viable. This could be handled by any combination
of reducing walkway or driving aisle widths, rearranging parking, or shifting
the building a few feet. Since the site plan is for illustration purposes only,
and the rezoning cannot be conditioned on it, the applicant may make whatever
modifications appear most suitable within the limits of the zoning code.
The rationale regarding the rezoning would be the same as for the land use plan
amendment: the site is similar to existing church sites in access and adjacent
uses, churches contribute to the local community in ways other than paying
taxes, and the site has poor soils that may make single family development
prohibitively costly. It is sometimes argued that rezoning to accommodate a
single facility constitutes spot zoning, but unless Golden Valley wants to
require the clustering of all of its churches in one geographic area, current
zoning provisions make single-facility rezoning the norm for churches and
schools; they are treated as exclusive uses within a separate district.
Based on staff review, if the Comprehensive Land Use Plan Map amendment is
approved, the rezoning must be approved as well .
Enclosed Separately: Site Plan
� City Zoning Map
EAK:MKD
Informal Public Hearing
� Minor Subdivision (Lot Consolidation)
J.W. Addition, Winnetka Avenue near 23rd Avenue
Jehovah's Witness, Applicant
The proposed consolidation of lots is appropriate for consideration as a Minor
Subdivision, approval of which is governed by City Code Section 12.50. Eight
factors for consideration have been established by City Code. Using these eight
factors, staff research determines as follows:
1. The proposed lot would meet the requirements of the City zoning code for
either the Residential or the I-1 Institutional zoning district.
2. The consolidation of the parcels should actually improve the developability
of the site with regard to potential wetness problems. There are poor soils
encumbering several of the existing parcels to the point where some poten-
tial developers have decided that construction on them is not economically
feasible. Following consolidation, the Jehovah Witness Congregation will be
able to place a building on an area of better soils, and use the rest of the
site for green area and parking.
3. Public sewer and water connections will be directly accessible by the pro-
posed lot.
4. The preliminary plat submitted by the applicant does show the utility ease-
• ments required by the City along all side and rear property lines; it also
shows easements along street frontages, which the City does not require and
which the applicant may remove before final plat approval is given. In
order to avoid unnecessary encumbrance of the proposed lot, the applicant
should also apply for vacation of two easements currently lying along lot
lines which will no longer exist after the consolidation. This application .
should be made to coincide with final plat approval , and the City Engineer
expects no proble� with it.
5. Winnetka Avenue is a County road, and so the Hennepin County Department of
Transportation has the right to review the proposed plat and submit to the
City conditions for its approval . A response has not yet been received from
the County i n thi s matter, but the Ci ty Engi neer expects that i t wi 11 i n-
clude a requirement of dedicating seven feet of land all along the Winnetka
Avenue frontage for right-of-way purposes. The City Engineer says the City
should support this requirement and make it a condition of final plat
approval .
6. For minor subdivisions, City Code no longer requires automatic review of
title by the City Attorney. Because this is a replat of previously platted
property, the City Engineer has stated that City review of title is less
important than for unplatted property. Staff does not recommend requiring
such review in this case.
7. It does not appear that the proposed development following lot consolidatian
• would cause undue strain on adjacent roads or utilities, providing that
there are no driveways permitted onto V alders Avenue or Winnetka Heights
Drive. The site plan shows access only onto Winnetka Avenue, which is an
arterial street designed to handle higher volumes of traffic. The type of
-2-
traffic to be generated by the proposed site would not conflict with �
exi sti ng peak travel times on Wi nnetka, so it wi 11 not i ncrease rush hour
delays. Most or all existing churches in Golden Valley are located adjacent
to residential neighborhoods, with access onto arterial or connector
streets.
8. If rezoned, this will no longer be a residential subdivision, and therefore
no parkland dedication is required.
Based on the preceding discussion, staff would recommend approval of the pro-
posed minor subdivision, conditioned on the dedication of seven feet of right-
of-way extending the full length of the property's Winnetka Avenue frontage.
Preliminary Plat enclosed separately.
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•
�
• MEMORANDUM
DATE: March 7, 1991
T0: Golden Valley Planning Commission
FROM: Mark W. Grimes, Director of Planning and Development
SUBJECT: AMENDMENT TO COMPREHENSIVE LAND USE PLAN MAP FROM BUSINESS AND PRO-
FESSIONAL OFFICES TO INDUSTRIAL; AND AMENDMENT TO THE ZONING MAP
FROM LIGHT INDUSTRIAL TO RADIO IN ORDER TO PERMIT CONSTRUCTION OF A
CELLULAR ONE TELEPHONE TOWER, ACC/MCCAW CELLULAR OF MINNEAPOLIS
(CELLULAR ONE) AND THE GOLDEN VALLEY HOUSING AND REDEVELOPMENT
AUTHORITY, APPLICANTS
Cellular One has requested the above described amendment to the Comprehensive
Land Use Plan Map and Zoning Map in order that they may lease about 2,500 sq.ft.
of HRA owned property in the North Wirth Redevelopment District. The parcel
is located just north of the Humane Society building on Sunnyridge Lane (see
• attached map). The parcel will be used for the construction of a cellular
telephone tower in order to better serve the growing mobile phone industry.
The above actions are needed because radio towers are permitted only on property
zoned "Radio". In order to rezone a property, the new zoning must be consistent
with the Plan Map. In this case, the Plan Map must be amended to Industrial
from Business and Professional Offices since Industrial is most similar to the
"Radio" zoning.
The proposed lease area shown on the attached site plan indicates the locations
of the small building, tower, fence, lease tract and road easement.
The proposed cell site consists of a 12' x 28' shelter building that houses the
radio equipment, power converters, computers and batteries. The antenna is a
self supporting monopole of 125 feet in height. The structure is similar to
others in the metro area. The building and antenna is in a fenced area. The
building is not manned and has very little traffic. A technician checks the
place every week or two. Access to the site would be from Sunnyridge Lane.
Cellular One would be responsible for constructing a gravel or paved roadway to
the site. They are also in charge of its maintenance.
The property on which it is to be constructed is on property the HRA purchased
from the Soo Line in 1990. Originally, the area north of the Humane Society
was slated for a holding pond for the area. The pond has since been constructed
west of Sunnyridge Lane. The HRA staff believes that the lease of this property
• to Cellular One is consistent with the Redevelopment Plan for this area. In
addition, this land is of relatively little value in terms of development. The
lease with Cellular One will bring in about $9,000 per year (with an escalating
clause) for up to 25 years.
Memo to Planning Commission � Cellular One .
March 7, 1991
P age Two
Recommendation
The staff recommends approval of both the Amendment to the Comprehensive L and
Use Plan Map from Business and Professional Office to Industrial ; and an
Amendment to the Zoning Map from Light Industrial to Radio in order that this
cellular tower may be constructed. The staff believes that the tower is a good
use for the property and it will not have an adverse impact on adjoining uses or
the overall goals of the redevelopment district.
Attachments: le Site Map
2. Building Pictures
3. Site Plans
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