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06-24-91 PC Agenda • GOLDEN VALLEY PLANNING COMMISSION Regular Meeting GOLDEN VALLEY CITY HALL Council Chamber, 7800 Golden Valley Road Gol den Val 1 ey, Mi nnesota June 24, 1991 7:OOP.M. AGENDA I. APPROVAL OF MINUTES - June 10, 1991 II. INFORMAL PUBLIC HEARING - AMENDMENT TO CALVARY LUTHERAN CHURCH PUD 46 APPLICANT: Calvary Lutheran Church of Golden Valley ADDRESS: 7520 Golden Valley Road REQUEST: Amendment No. 3 to P.U.D. No. 46 to allow for an addition to the present building. • III. REPORTS ON MEETINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY, CITY COUNCIL AND BOARD OF ZONING APPEALS IV. OTHER BUSINESS V. ADJOURNMENT • � r � ' MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION • June 10, 1991 A regular meeting of the Planning Commission was held at the Golden Valley City Hall , Council Chamber, 7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to order by Chair McAleese at 7:05p.m. Those present were: Groger, Johnson, Kapsner, Lewis, McAleese, McCracken-Hunt and Praz ak. Also present were Mark Grimes, Director of Planning and Development; Beth Knoblauch, City Planner and Mary Dold, Secretary. I. Approval of Minutes - April 22, 1991 MOVED by Kapsner, seconded Lewis and motion carried unanimously to approve the April 22, 1991 as submitted. II. Informal Public Hearing - Conditional Use Permit No. 53 Applicant: Henry and Gina Lazniarz Address: Lot 6, Block 3, Tralee (5924 Glenwood Avenue) Request: Subdivide the Property into Two Lots s Chair McAleese introduced the agenda item and asked Mark Grimes, Director of Planning and Development, for a brief summary of the request. Mr. Grimes com- mented that the subdivision would meet all setback requirements. There is a concern of the driveway access onto Glenwood Avenue. The County has final approval of where and how the driveway should conform to the property. It was suggested by the County that the driveway have a turnaround in the front instead of backing onto Glenwood. The County also is recommending a 7 foot right-of-way dedication. Mr. Grimes recommended not taking the 7 foot right-of-way. He reviewed the conditions for a minor subdivision as outlined in the Subdivision Code. The applicant, Henry L azniarz, gave a brief summation for his request, passed out photos of land is he has previously developed and of the area to be sub- divided. Chair McAleese opened the Informal Public Hearing. Richard Keefe, 26 Meander Road, is opposed to the subdivision and having two homes right next to his. Also commented that the house on the lot has not been lived in at all times by owner. Art Flanagan, 316 Meander Road, is opposed to the subdivision because he would like to see the lots remain the same as originally designed. • Calvin Danielson, 100 Brunswick Ave. No. , asked the applicant about the noise coming from the house on the proposed site and if this is a rental unit will it be sold. ` � x Minutes of the Golden Valley Planning Commission June 10, 1991 P age Two Henry Lazniarz commented on the different lot sizes in the neighborhood. He O addressed the noise question commenting about the present tenants living in the house and that he would talk with them. Mr. and Mrs. Lazniarz have not made a decision if they would build on the vacant subdivided lot. Chair McAleese closed the Informal Public Hearing. Commissioner Lewis is concerned about having another house on the property and the crowded look it may present. She feels it would be hard not approve because it meets all City codes. Commissioner Johnson is opposed to the subdivision. She is concerned with main- taining the area of large lots and owner-occupied homes and feels the applicant comes off as more of a developer than an owner and is interested in rental property. Commissioner McCracken-Hunt asked when the City changed the required lot size. Beth Knoblauch, City Planner stated in 1981. Commissioner McCracken-Hunt com- mented that she understood that this change was made to have more lots and homes i n the Ci ty of Gol den Val l ey. Mark Grimes stated one of the reasons for the change were comments from the Metropolitan Council to provide for more low to moderate income housing. Commissioner McCracken-Hunt feels that the lot divi- sion on Glenwood would be in keeping with the City's goals to provide housing. Commi ssi oner Prazak i s concerned with the 1 ot size but feel s reasons for sup- • porting it outweigh those for opposing it. He called it a "close call ". Commissioner Kapsner doesn't feel that this subdivision would be detrimental to the neighborhood. Is concerned about the rental property and the neighbors do not have to put up with noise. Commissioner Groger agreed with those commissioners recommending approval . Chair McAleese commented that a change in any neighborhood is painful but con- ditions are being met and is in f avor of the subdivision. MOVED by McCracken-Hunt, seconded by Prazak and motion carried by a vote of 6 to 1 recommending to the City Council approval of the minor subdivision, Henry and Gina Lazniarz, applicants, subject to the conditions of the Hennepin County Department of Transportation reviewing the subdivision prior to City Council approval and the park dedication fee prior to final plat approval . III. Informal Public Hearing - Rezoning Applicant: Accessible Space, Inc. Address: 2000 Mary Hills Drive, Golden V alley Request: Rezone from Single Family Residential to Two-Family Residential � Minutes of the Golden V alley Planning Commission June 10, 1991 P age Th ree � Beth Knoblauch, City Planner, made the following comments before presenting her staff report. She stated that the request for rezoning from single family to R-2 was a real creative suggestion when viewed as a limited response to a speci- fic problem encountered by the applicant. However, when dealing with this as staff for the Planning Commission/City Council this is not the sort of applica� tion where we can specifically deal with it as a site for Accessible Space. This is a rezoning which is a general action and what the City has to consider is whether, generally speaking, it serves the public interest and protects the public welfare which are the functions of zoning. To change the zoning from single family residential to R-2 is not a clear cut decision -- it's a fairly broad discretionary decision -- the numbers can all work for ASI but still not be sufficient to cause the rezoning to take place. Ms. Knoblauch presented her staff report and staff recommendation to recommend to the City Council denial of this request. Commissioner McCracken-Hunt asked if these units would be interconnected where the peopl e travel from one uni t to the other. Ms. Knobl auch stated that thi s was staff's understanding: there must be shared attendants for the six resi- dents. McCracken-Hunt felt that it's not really two-family in the sense of completely separate. Ms. Knoblauch said that the Planning Commission should be looking at whether this would be a suitable two-family structure and as a secondary issue whether it can serve the purpose of Accessible Space as well as being a two-family � structure. Ms. Knoblauch commented ASI is willing as a condition of rezoning, to put a covenant on the property to restrict the number of people who live there as long as the covenants are in place. Ms. Knoblauch said that one cannot have indefi- nite private covenants, they expire after a certain number of years and may or may not be renewed at the choice of the property owner. The City is not capable of putting such conditions on a rezoning. Chair McAleese asked about the City Attorney's comment "we can't look at speci- fic details in a rezoning which is the normal rule". Ms. Knoblauch commented that the City Attorney had talked with her this day saying, because of the nature of thi s appl i cati on, i f i t were determi ned that thi s was not i n fact a household use or a two-household use the City could list this as a reason why the rezoning is inappropriate: the applicant would not be able to make use of the rezoned property. Commissioner McCracken-Hunt asked if the code was modified to allow a single family in a R-2 district would it help the applicant's request. Ms. Knoblauch commented that the code could probably be modified to say single family homes could be in the R-2 district and could use the single family lot requirements. The City would still need to resolve the other issues of the existing property itself and whether one can take the house and make it two units in order for Accessible Space to use it. Chair McAleese also asked about the institutional/quasi-institutional nature of � the proposed use -- was there ever any discussion about rezoning to institu- tional . Ms. Knoblauch commented that it was looked at briefly. Setback requirements are 50 feet and we cannot create a nonconforming use -- there is not 50 feet around the home for setbacks. � . , Minutes of the Golden Valley Planning Commission June 10, 1991 Page Four Commissioner Prazak asked about the alternative of granting a waiver, showing � some flexibility in a situation of this kind. Waivers are continually granted for other single family residences and it might be easier granting a waiver for the number of persons to six rather than five. Ms. Knoblauch commented that this constitutes a use waiver. The City has a definition of a family and it's asking us to waive our definition and there are no hardship criteria for doing this. Commissioners Prazak and Lewis disagreed by co�unenting that the hardship is an issue of creating reasonable and affordable living space for persons with special needs. Mark Grimes stated that the reason they need six vs. five people is to make the program more economical and by State law economics do not constitute a hardshipo Commissioner Lewis stated there is a need to have more people in this home. David Sprangers, representative for Accessible Space, Inc. (ASI) talked about the reason for this proposal . The program does not fit into any category neatly. It provides for a comfortable living setting for people who are han- dicapped. ASI provides tenant service so that these residents can live outside an institution, they do not require nursing care but do require assistance in their daily needs. ASI's services are under contract with the State but not licensed by the state; it does have HUD approval . What a severe mobility impaired individual needs to live independently are accessible housing and sub- sidized housing -- 80 to 90 percent of severely mobility impaired persons are very, very low income. The property would be HUD subsidized. ASI would have a 40 year mortgage on the property, which has been operating as a handicapped accessible house for 10 years -- this is really not a change of use. The . dilemma is asking for the opportunity to house one more individual with mobility impairments on the site. As far as remodeling goes, the lower level has about 3,115 sq.ft. which is a good size space to add one more bedroom for which there is ample space. Staff is present 24 hours a day on rotating shifts, more heavily staffed in the morning than the evening. This is the only site in Golden V alley that is affordable and handicapped accessible. ASI suggested a waiver for this district but the City Planner said this would not qualify and that's why ASI needed to be creative. Commissioner McCracken-Hunt commented that her mother had lived in ASI's facil- ity in Camden. Camden house had two living areas, two kitchens, the men were on one side the women on the other regarding bedrooms (three and three). The attendants went back and forth from the women's end to the men's end and went essentially from one house to the other and in this request this would be the same thing. The attendants would go from one floor to the other and when there is only one attendant on duty he/she is serving all six people -- it is func- tioning as one house. That seems in conflict with the idea of s�ying that this is two separate houses. Mr. Sprangers said technically it is two separate houses. Commissioner McCracken-Hunt stated that ASI was putting the City in a dilemma where we are trying to bend the rules. Commissioner Prazak asked Mr. Sprangers to explain how the rules are bent in getting waivers for R-1's in other communities. Mr. Sprangers commented that Camden because of its subdivision required two separate kitchens, two separate bathrooms, and the design was such that no more than three people were using one bathroom. Given the design, even with the comman connection, it met the code • for 2-family. It depends on the municipality. A waiver was received at the home in St. Paul in a R-1 district -- a nonconforming use variance was granted. Chair McAleese recommended to Mr. Sprangers about having a neighborhood meeting. � r Minutes of the Golden Valley Planning Commission June 10, 1991 Page Five • Chair McAleese opened the Informal Public Hearing. Donna Bushrod, 2040 Mary Hills Drive, lives next door to the proposed home and is opposed to the rezoning. Her house is very close to the driveway and prop- erty -- her bedrooms are on that side of the house. The vans and lifts are noisy, she hears the care givers as they come and go, hears car radios and has been cussed out when asking them to be quiet. She questioned how many people will live in the home. Chair McAleese explained that under the present zoning code fi ve peopl e coul d be i n the home so ASI i s addi ng one more person. Mrs. Bushrod commented that these people need 24 hour care so there is alot of traf- fic with no yard space. Maynard Bostrom, 3710 Chicago Ave. So., talked about living in a nursing home, Courage Center, his own apartment and now in an Accessible Space home. Mr. Bostrom was the lst resident to move into an ASI home in 1980 with round the clock care. He said he is a more complete person who has job and is putting back into the system. Larry Smith, 2080 Mary Hills Drive, supports the staff report recommendation. He is concerned with spot zoning and setting a precedent for development of other lots. Feels that ASI has boiled this down to a profit and loss decision -- a corporation that can't make it with five people and need six and therefore, wants the City to rezone the property. He appreciates the fact that the prop- erty is used for persons with disabilities. � Donna Bushrod, 2040 Mary Hills Drive, added that she is comfortable with the house now but doesn't want it rezoned for more people and would like to know where all the parking will be. Avis Kruger, 100 Sumter Ave. is in f avor of this request of either a rezoning or a waiver. She said the important thing is looking at affordable housing for the disabled population who can have a choice of living in a nursing home or single family dwelling -- affordable housing is the issue. David Sprangers commented that ASI is a non-profit organization which doesn't make a profit. The mission of ASI is to help mobility impaired individuals. Commissioner Lewis asked about the screening process for individuals in these homes. Mr. Sprangers stated that ASI networks Courage Center, nursing homes, County social workers and State referrals. ASI does its own screening and must meet HUD guidelines. Chair McAleese closed the Informal Public Hearing. Commissioner Prazak asked staff for clarification on the issue of the waiver of the single family requirement. He would like to see the City show some flexibi- lity in making accommodations to what he sees as a real need. Mark Grimes com- mented that he and the City P1 anner feel thi s i s a use that would be good for Golden Valley but that it does not fit the zoning code in this City and part of staff's job is to protect the zoning code. The City cannot distinguish between a � severely disabled person and others. Once a waiver is given for a protected class the City must be ready to give the same opportunity to another protected class. Beth Knoblauch stated that per the City Attorney this proposal is not a L � � Minutes of the Golden Valley Planning Commission June 10, 1991 Page Six waiverable condition. The appropriate way to deal with the situation would be • to rewrite the definition of "household" or of "residential f acility". This came up once before in Golden Valley. Because it is an area where the State has partially preempted local discretion, the Council felt that the issues are too large to make such a change until the State deals with it first. Chair McAleese commented that rezoning is a general action and ASI may be out of business in two weeks and the next people to move in may not even be handi- capped, and two families move in. Chair McAleese said on the narrow question of the waiver the City's code says when it can grant a waiver and gives the con- ditions under which a waiver can be granted; that sort of condition is not in the zoning code other than going before the BZA, and Chair McAleese was not sure that would apply in this case. Mark Grimes commented that the City Attarney has said that when you change change the zoning code (5 to 6 persons) this cannot be done through a waiver, it must be done through public hearings. Commissioner McCracken-Hunt commented that we all wish we could do something. She is not comfortable with the solution of rezoning and does not have a better solution. Chair McAleese said that the proposed f acility would be good for the community and there should be some way to make it work, but he cannot support the proposed request. It is only the specific use that we are considering and that is not an appropriate consideration in a case of rezoning. Commissioner Kapsner commented that the City doesn't have an optian. We would � do what the 1 aw i s and the way the rul es are set up i n thi s Ci ty i s preventi ng us from doing what we would like to do. The truth is that we would be comfor- table in helping out the severely handicapped people but we might in fact dis- criminate against someone whose style of living we would find objectionable. He does not think rezoning is a solution and cannot support the request for rezoning. Commissioner Groger is opposed to rezoning to R-2 and is not convinced a con- ditional use permit or other solution would be appropriate having looked at the property. The driveway right next to the property line, and having traffic so close to the property may not be appropriate no matter what. Commissioner Johnson cannot support the request but has concerns about Golden Valley providing affordable housing, having served on the Housing Task Force. Commissioner Lewis agrees with the other commissioners on not being able to sup- port the request for rezoning. Chair McAleese is opposed to the rezoning. First of all it would be creating a nonconforming corner site under the subdivision code. It doesn't make sense when rezoning to create a nonconforming site. Second, the City would be setting a precedent for not turning down any request to rezone to R-2 if this one passes; there are too many creative people who would say their case is the same as this one. Third, this is spot zoning. MOVED by Kapsner, seconded by McCracken-Hunt and motion carried unanimously to � recommend to the City denial for the request to rezone the property at 2000 Mary Hills Drive from Single Family Residential to Two-Family Residential . � � r Minutes of the Golden Valley Planning Commission June 10, 1991 Page Seven • IV. Re orts on Meetincs of the Housing and Redevelopment Authoritv Cit Caunc� ana oar o o�ni n�ppea s Commissioner McCracken-Hunt reported on the Board of Zoning Appeals meeting of May 14, 1991. Commissioner Lewis reported on the City Council meeting of 5/7/91. V. Other Business No other business was presented. VI. Adjournment Chair McAleese adjourned the meeting at 9:55p.m. Jean Lewis, Secretary � • a ' ' MEMORANDUM � DATE: June 19, 1991 T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: PRELIMINARY DESIGN PLAN -- AMENDMENT N0. 3 TO CALVARY LUTHERAN CHURCH P.U.D. N0. 46 -- CALVARY LUTHERAN CHURCH OF GOLDEN VALLEY, APPLICANT Calvary Lutheran Church requested a third amendment to P.U.D No. 46 in order that they may construct a two level addition on to the northwest corner of the church. The addition would be immediately north of the sanctuary. It would provide for a new fellowship lounge, library and nursery space on the first level and multi-purpose rooms on the basement level . The addition would provide for a superior entry space into the sanctuary from the north parking area and also provide for a fellowship area for informal meetings after church. Improved nursery space is also needed for this very large and growing congregation. As indicated on the plans, there will be an open stairway area to the new base- ment. Both floors will be accessible to the physically disabled by either at grade entry or existing elevators. The footprint of the addition is approximately 9,300 sq.ft. Therefore, about 0 18,000 sq.ft. of new floor space on two levels is being added to the church. In order to provide space for the addition, the church is proposing the elimination of 20 parking spaces immediately north of the north entrance to the sanctuary (see plan). These spaces would not be replaced either on or off site. The church now provides 551 parking spaces on and off site. The off site spaces are provided south of Golden V alley Road in the parking lot for the office building owned by United Properties. The church and United Properties have a long term agreement (40 + years). With the reduction of 20 spaces, the church will have 531 spaces available. This amount still exceeds the City parking requirement for churches which is one space for every three seats based on seating capacity. The seating capacity of Calvary is 1200. Therefore, only 400 spaces are required. Because Calvary is a large and active church, Calvary sees a need to exceed that requirement. They have done so by 131 spaces. The setback for the addition will be 35 ft. from the west property line which is adjacent to the Calvary apartments and cooperative. With the new addition, the church will have to landscape around the building and especially on the side facing the apartments. The addition will require a slight change to the driveway and parking area. The handicapped spaces will be moved and a new drop-off area created near the door to the sanctuary. They are also planning a new vestibule door on the north side of the education wing east of the sanctuary to provide for better access to that portion of the church. Access to the streets will be from the same driveways as now exist. � I have reviewed the plan with the City Engineer. He commented that the addition will require some changes to the internal drainage system. The church's archi- tect and engineer will be addressing this issue. � 4 Calvary Lutheran Church P.U.D. No. 46 June 19, 1991 P age Two • Recommendation The staff recommends approval of Amendment No. 3, P.U.D. No. 46 that will allow for a new addition on the north side of the sanctuary. The staff is concerned about the reduction of parking for the church. The addition will reduce parking by 20 spaces adjacent to the church building. However, the church provides 531 spaces on and off site. (Because this is a P.U.D. the City has allowed the use of a cross parking agreement to provide the necessary parking). This parking exceeds the requirement for parking that is called for in the Institutional zoning district (1 space for every 3 seats). The church believes that the need for the addition outweighs the loss of the 20 spaces. Because parking on site is adequate and well controlled on Sunday mornings, the loss of the 20 spaces will not have a significant impact. Increase in the seating capacity of the church appears unlikely. Capacity would probably be increased by adding addi- tional services on Sunday. If the Planning Commission recommends approval of the P.U.D. amendment, the staff will amend the P.U.D. Permit to allow the church addition by making the attached plans part of the P.U.D. Permit and indicated the purpose of the addi- tion in the text of the Permit. Note: The previous two amendments to P.U.D No. 46 were for day care. The first amendment permitted the church to have a drop-off day care center in the main church building. This amendment was approved in 1987 or O 1988. The second amendment allowed the single family home at Pennsylvania Avenue adjacent to the railroad tracks to be used for day care rather than as a counseling center. Attachments: Location Map Site Plans P.U.D. 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', , � I , , '% i i ,', ICALVARY , 35-0 LUTHERAN ' ' CHURCH I • I ' � � � I � i '� I i i i I i • I • � � � � ��� I �'/ e ���../ i � , �� ��PO I , �ti � � .,- ����a�1 P GO � P.U.D. � 46 Amendment � 2 Citq Council Approval • CITY OF GOLDEN VALLEY, MINNESOTA • USE PERMIT FOR PLANNED UNIT DEVELOPMENT PROJECT NAME: Calvary Lutheran Church ADDRESS: 7520 Golden Valley Rd. , 810-830 Rhode Island Ave. No. 831 and 855 Pennseylvania Ave. No. LEGAL DESCRIPTION: (a) The South 92 feet, except the East 140 feet thereof, of Lot 2, "Auditor's Subdivision Number 373, Hennepin County, Minn ", according to the plat of the Registrar of Titles, in and for Hennepin County, Minnesota, the South 92 feet of the East 140 feet of Lot 2, all of Lots 3, 4 and 5, "Auditor's • Subdivision 373, Henne in County, Minn.", according to the plat thereof on file and of record in the office of the Registrar of Titles, in and for Hennepin County, Minnesota. (7520 Golden Valley Road) (b) Lot 2, Block 2, "Valley S uare Addition, Hennepin County, Minn ", according to the plat of the Registrar of Titles, in and for Hennepin County, Minnesota. (810 Phode Island Avenue North) (c) Lot 1, except the North 100 feet thereof and Lot 2 except the South 92 feet thereof, "Auditor's Subdivision 373, Hennepin County, Minn.", according to the plat of the Registrar of Titles, ia and for Hennepin Countq, Minnesota. (831 Pennsylvania Avenue North) (d) The North 100 feet of Lot 1, "Auditor's Subdivision 373, Hennepin County, Minn.", according to the plat of the Registrar of Titles, in and for Sennepin County, Minnesota. (855 Pennsqlvania Avenue North) . USE PERMIT F�R PLANNED UNIT DEVELOPMENT �46 Page 2 APPLICANT: Calvary Lutheran Church of Golden Valleq • ADDRESS: 7520 Golden Valley Road, Golden Valleq, MN 55427 OWNER: Calvarq Lutheran Church of Golden Valley ADDRESS: 7520 Golden Valley Road, Golden Valley, MN 55427 ZONING DISTRICT: Institutional (I-1) and Residential PREMITTED USES: Uses permitted in thia Planned Unit Denelopment are a church, day care facilities, and parking related to these three uses. COMPONENTS: A. Land Use Componeat: 1. Land uses within P.U.D. �46 shall be limited to those uses indicated on the approved General Plan Sheet 2 dated September 5, 1984, prepared by Carlson M�orud Architecture, Ltd. and signed by A1 Mjorud, with the addition of a "drop-by" child care center in the Calvary Lutheraa Church building. This plan is amended for the house at 855 Pennsyl° vania Avenue by a plan dated July 10, 1989, prepared by Mjorud Architecture, Ltd. that indicates the use of that structure and site for a Child Care Center with a future parkiag area for approximately • ten (10) cars in front of the two child care houses at 831 and 855 Pennsylvania Avenue. Principal uses shall be Calvary Lutheran Church, a "drop-by" Child Care Center in the Calvary Lutheran Church building, a Christian Education Daq Care facilitq, accompanying parking area, and Calvary Park open space area. 2. Parking for P.U.D. �46 shall consist of four covered garage parking spaces in the former residences located at 831 and 855 Pennsylvania Avenue North, 372 open parking spaces on site as shown on the approved General Plan Sheet 2 dated September 5, 1984, prepared by Carlson M,�orud Architecture, Ltd. and signed by A1 M�orud, and 172 parking spa- ces on the United Properties office building site across Golden Valley Road from the PUD site made available by means of cross parking agree- ments concluded with The Northland Company, dated November 28, 1979. Reciprocal parking agreements concluded with The Northland Company make available to the United Properties office building 40 Church parking spaces. A separate agreement with Calvary Communitty Services concluded in September 1980 makes available 12 parking spaces to the Calvarq senior citizen apartment building located ad�acent to the PUD site on the west. 3. Landscaping, as shown on the approved Landscape Plan Sheet 6 dated September 6, 1984, prepared bq Dundee Nurserq and Landscape Companq, shall be completed within 210 days following occupancy of the Day Care facilities with the exception of landscaped setback from Golden Valley � Road to the front Church parking lot shall be completed no later than the 1986 construction season. USE PERMIT F0� PLANNED UNIT DEVELOPMENT 4�46 Page 3 • 4. Landscaping materials shall be ad�usted or trimmed to maintain visibi- lity of windows and doors for security purposes. 5. Special precautions shall be taken during and after construction to protect against erosion, silting, excessive grading, or any other con- ditions detrimental to the area. Grading shall be done in a manner so as to avoid dirt storage, disturbing of trees, or other activities beyond the prescribed coastruction limits. 6. Signage shall conform to the City of Golden Valley Siga Regulations and shall be approved by the City Building Inspector. 7. In the event that a portion of the property in the PUD is sold to another party, the purchase agreement shall require the new owner(s) to maintain the property in a manner that is consistent with standards established bq the City of Golden Valleq with regard to maintenance of private property. B. Circulation Component: 1. Drives, parking area and walks shall be located where shown on the approved General Plan Sheet 2 dated September 5, 1984, prepared by Carlson M�orud Architecture, Ltd. and signed bq A1 M�orud and the plan prepared for the Child Care Center at 855 Pennsylvania Anenue by M�orud Architecture, dated July 10, 1989. • 2. Interior concrete curbs shall be constructed within the development to separate driving and parking surfaces from landacaped areas. Interior curbs shall not be less than six (6) inches in height. Sidewalks and curbs shall be deaigaed to accommodate the handicapped. 3. A stop sign shall be installed at the Parking lot exit onto Rhode Island Avenue North. C. Subdivision Component: 1. The described property shall be platted as Lots 1, 2, 3, 4 and 5, Block 1, Calvary Lutheran Church P.U.D. No. 46 in accordance with the plat prepared bq Demars-Gabriel Land Surveyors, Inc. 2. Ten foot drainage, utilitq and street maintenance easements shall be added along Pennsqlvania Avenue North and Golden Valley Road street frontages on the Final Plat. 3. Title examinatioa shall be completed by the City Attorneq prior to approval of the Final Plat. 4. The Final Plat shall be filed within six (6) months after the date of Council issuance of the P.U.D. Permit. . USE PERMIT FOR PLANNED tTNIT DEVELOPMENT �46 Page 4 D. Services and Facilities Component: • 1. The existing sanitarq sewer main on vacated Rhode Island Avenue North shall be properly abandoned, and the manhole on the south side of the railroad line shall be properly sealed. 2. The existing watermain on vacated Rhode Island Avenue North shall be properlq disconnected and sealed. 3. The developer shall install a new maahole at the end of the sanitary sewer line on Pennaylvania Aveaue North, and sanitary sewer service connection shall be completed to the residence located at 831 Pennsyl- vaaia Anenue North as shown on the Utilitiea Plan Sheet 4 dated September 5, 1984, prepared by Carlson M�orud Architecture, Ltd. A prinate 15 foot wide utility easement shall be granted over Lot 4 for the prinate sanitary sewer connection to Lot 3. 4. The esistiag sanitarq sewer drainfield on the property located at 831 Peanaylvania Avenue North shall be properly abandoned. 5. Water service connection shall be completed to the residence located at 855 Pennsqlnania Avenue North as shown on the Utilities Plan Sheet 4 dated September 5, 1984, prepared by Carlson M�orud Architecture, Ltd. 6. The storm sewer shall be coanected with existing City storm sewer on Tenth Avenue North aa shown on the Utilities Plaa Sheet 4 dated September 5, 1984, prepared by Carlson M�orud Architecture, Ltd. The • storm sewer shall be owned and maintained by the P.U.D. owner or owners. 7. The existing well on Lot 2 shall be properly capped in accordance with requirements of the State Board of Health. 8. The P.U.D. shall meet all requirements and recommendations of the City Building Inspector, City Fire Marshal and City Sanitarian. 9. Security lighting shall be installed in the back yards of the two former residences on Peansylvania Avenue North. 10. All fireplaces shall be sealed closed by lockable doora or fixed safety glass. 11. Al1 smoke detectors and heat detectors shall be hardwired and inter- faced. 12e All fire doors shall be solid core with self-closing devices. 13. Fire egtinguishers shall be 5�, A.B.C. type, and located as indicated oa Floor Plan Sheets 1 through 4 for the Christian Education Day Care Centers. 14. All utilities shall be underground or as directed by the City Engineer. • USE PERMIT FOR PLANNED UNIT DEVELOPMENT 4�46 Page 5 � D. Services and Facilities Component: (continued) 15. All mechanicals on roof or ground shall be screened with Inspectios Department approval. 16. All waste generated by the occupancy shall be stored internally until removed from the premises. E. Construction Order Component: -�.,__ 1. Construction of the revised main parking lot fronting on Golden Valley Road, including provision of landscaped setback from Goldea Valley Road to the parking lot shall be completed by the end of the 1986 construc- tion season. 2. Prior to issuance of permits for building and site impronements, a landscape bond in an amount of $16,800 as establiahed by the Building Board of Review shall be egecuted and delivered to the Golden Valley Inapection Department. The landscape bond shall run for two growing seasona following installation of landscaping materials, until released by the Golden Valley Inspection Department, and until a bond for land- scaping of setback to the parking lot on Golden Valley Road is delivered to the City Inspection Department. The amount of the landacape bond for landscaping along Golden Valley Road shall be deter- � mined by the Golden Valley Inspection Department, and the bond shall run for two growing seasons following inatallation of landscaping materials. 3. On October 1, 1984 an escrow account shall be established in an amount to be determined by the City Engineering Department as a financial guarantee for completion of bituminous surfacing, curb and gutter, and walks included in initial construction. Funds shall be released by the Citq of Golden Valley upon completion of work and approval of the Citq Engineering Department with retention of five percent of the escrow amount until establishment of a new escrow account to guarantee later phase bituminous and concrete work involved in redesign of the parking lot fronting on Golden Valleq Road. The subsequent escrow amount for bituminous and concrete work along Golden Valley Road shall be in an amount to be determined by the Citq Engineeing Department and shall be released upon completion of work and approval of the City Engineering Department. F. Maps and Reports: 1. The architect or engineer in charge of the pro�ect, who shall be registered in the State of Minnesota, shall provide as a minimum monthly written reports for each phase of the construction process. � 2. The architect or engineer in charge of the pro�ect, who shall be registered in the State of Minnesota, shall inspect the site during construction. When the pro�ect is completed, the registered architect or engineer shall certify in writing to the Inspection Department of the City of Golden Valley that the pro3ect has been constructed in con- formitq with the following approved plans: USE PERMIT FOR PLANNED UNIT DEVELOPMENT 4�46 Page 6 F. Maps and Reports: (Continued �2) • a. General Plan Sheet 2 dated September 5, 1984, prepared bq Carlson Mjorud Architecture, Ltd. and signed by A1 M�orud. b. Utilities Plan Sheet 4 dated September 5, 1984, prepared bq Carlson M3orud Architecture, Ltd. c. Lighting Plan Sheet 5 dated September 5, 1984, prepared by Carlson M�orud Architecture, Ltd. d. Laadscape Plan Sheet 6 dated September 5, 1984, prepared by Dundee Nursery and Landscape Company. e. Floor Plan Sheets 1 and 2 for the Christian Education Day Care Center dated July 29, 1984, prepared by Carlson M3orud Architecture, Ltd., included in the P.U.D. General Plan for Development application booklet dated September 5, 1984. f. Plan for Christian Education Day Care Center, 855 Pennsylvania Avenue, dated July 10, 1989 prepared by M3orud Architecture. • • USE PERMIT FOR PLANNED UNIT DEVELOPMENT �46 page � • It is hereby understood and agreed that this Use Permit is a part of the City Council approvals granted on October 2, 1984, April 5, 1988 and September 5, 1989 relatine to Planned Unit Development �46. CALVABY LIITSERAN CHIIBCH Witness: g�; TITLE: . DATE: CITY OF GOLDEN VALLEY Witness: gy: MARY E. ANDERSON, ITS MAYOR Witness: �: WILLIAM S. JOYNES, ITS CITY MANAGER DATE: WARNING: This permit does not e$empt you from all other City Code prosivions, regulations and ordinances. •