06-26-89 PC Agenda ., ' . s�.,,:�
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GOLDEN V'��LLEY PLA�I�!TN� CC�����:���SIO�V
' �'> Golden Val1�Zr Fi���� S�ation f:;;��� 3
3700 C��l den �r°�'�1 ey R��ci
Mor�day, June Z�, 1989
7:�0 P e e�l.
AGEb� DA
� I. APPROVAL OF MINUTES - JUNE 12, 1989
! II. INFORMAL PUBLIC HEARING - MINOR SUBDIVISION
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i APPLICANT: Robert and Peter Knaeble
LOCATION: 6945 Glenwood Avenue
� REQUEST: Approval of a Minor Subdivision to Creat� an
; Additional Single Family Reside�tial Lot Behind
the Existing Lot
III. INFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN FOR AMENDMENT #1
i � TO PUD #34, GOLDEN VALLEY LUTHERAN COLLEGE
APPLICANT: Minnesota School and Resource Center for the Arts
' LOCATION: 6125 Olson Memorial Highway
REQUEST: Approval of the Preliminary Design Plan for an Amendment
to PUD #34 to Allow Operation of the Minnesota School
and Resource Center for the Arts
IV. APPOINT MEMBER TO HOUSING TASK FORCE PROJECT
I V. REVIEW OF PROPOSED REVISED MINOR SUBDIVISION REGULATIONS
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MINUTES OF 'IHE C�IDEN VALLEY
PLANN I NG CCMVII S S I ON
� June 12, 1989
A regular meeting of the Planning C',amtission was held in the meeting room of the
Golden Valley Fire Station #3, 3700 Golden Valley Road, Golden Valley,
Minnesota. The meeting was called to order by Chair Prazak at 7 :05 p.m.
Those present were Catmissioners Leppik, McAleese, Prazak, McCracken-Hunt , and
Russell . Also present were N�rk Grimes , Director of Planning and Development ,
and Beth Knoblauch, City Planner. C,o�rmissioners Kapsner and Lewis were absent .
I . APPRC�VAL OF MI NUTES - May 2 2, 19 8 9
It was moved by Carmissioner Leppik, seconded by Comnissioner McCracken-Hunt and
carried unanimously to approve the minutes of the regular May 22, 1989 , Planning
Carmission Meeting.
I I . I N�L PUBL IC f�AR I NG - PREL I MI NARY DES I C�1 PLAN FOR AiVlENDIVIENT #1
'It� PUD #5 5, PUBL IC S'PORAGE, I NC.
APPLICANT: Public Storage, Inc.
I�OCATION: 2300 Winnetka Avenue North
RF.QUEST: Approval of the Preliminary Design Plan for an Arnendment
� to PUD #55 Which Proposes to Change the Footprints of
the Buildings
Chair Prazak introduced this agenda item and asked staff for a stmmary of the
request . City Planner Knoblauch stated that Mr . Jensen has requested an amend-
ment to the Public Storage PUD in order to extend the length of the two-story
building by 20 feet and at the same time decrease the length of both one-story
buildings by 20 feet . 'The two-story building is 20 feet wider than the combined
one-story buildings , so the transfer of length will result in an additional
40Q square feet of building area at ground level , and 2300 square feet total .
There should be no significant traffic increase, and no parking spaces will be
lost . City Planner Knoblauch also stated that there will be no reductian of
greenery.
Donald Jensen, proponent, showed the carrnission diagrams of the addition.
Chair Prazak opened the informal public hearing. Hearing and seeing no one, the
informal public hearing was closed.
I t was rnoveci by C',armi�s i oner McCrae'ken-Hun t , seconded by (',orm�i ss i oner Russe I 1 ,
and unanimously cerried ta reec�nmend to the City Council approval of the
Preliminary Design Plan for an Amendment to PUD #55 which proposes to change
the footprints of the buildings at 2300 Winnetka Avenue North.
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Minutes of the Golden Valley Planning (",o�m�ission
June 12, 19$S
� Page 2
I I I . I NFC)FdV1E�L PUBL I C HEAR I NG - PfZEL I MI NARY DES I Ca�T PLAN FC)R AN�NDiV�NT #3
'!�0 PUD ,#28, PONDWrpD
APPLICANT: Pondwoo� Associates
LCX',ATION: 4959 , 4969 , at 4979 Olsan Metr►orial Highway
REQUEST: Approval of the Preliminary Design Plan for an Amendment
to PUD #28 to Allow Construction of a Storage Area to
the Existing TWo�ar Garage at the South End of the
Property
Chair Prazak introduced this agenda item and asked staff for a brief summary of
the request . City Planner Knoblauch stated that Mr . Mundt has requested a third
amendment to Pondwood PUD in order to add a 10'x 26' storage area to an existing
two-car garage. She stated that the proposed addition will have no major impact
on traffic, population density, or employment density. Also, it will not cut
into the landscaping. 8he did note, however, that a request for a 3-car garage
had previously been turned down by the Planning Carmission. At that time the
Carmission proposed a reduction in size before giving its approval to the two
car garage that now exists on the site. City Planner Knoblauch stated that she
� did not feel that this proposed addition would cause any significant detraction
on the site. The proposed addition would come to within 10 feet of the pro-
perty line, which would not be allowed under regular zoning standards .
Proponent Gerald Mundt , managing partner of Pondwood Associafes, stated that all
the general partners are housed at Pondwood and the storage of their files has
bec ane a problem. The storage facility would be only for the partners and
tenants. Tt�e addition would be made of the same materials and have the same
design as the garage.
Comnissioner McAleese asked the proponent if they had looked at any other sites
to store th�ir property.
Proponent stated that they h�ad r�ot; they need to have quick access to their
files.
Chair Prazak opened the informal public hearing.
Helen Ekman, 440 Cloverleaf Drive, submitted a petition to the C',onmission. She
, stated that the area is already too erowded. She is also eoncerned about the
wildlife in that area.
Sandrs Kelly, 355 Clover Lane, stated she moved in because of the park like
are8. She feels that there is already too much industry in this area. Tfie
residents there pay high taxes and don' t want it to be an industrial area.
� Proponent stated that they are sensitive to the wildlife in the area and feel
they have increased the wildlife since they moved in. 'It�ey do not fertilize or
put weed killer on their grass because of the pond.
Minutes of the Golden Valley Planning Carmission
June 12, 1989
� Page 3
Chair Prazask closed the informal public hearing.
Carmissioner Russe ll stated she was not opposed but felt there were other places
to store their files.
Proponent stated again that the files needed to be readily available.
Discussion was held on whether or not there were other possibilities for storing
the files.
Carmissioner McAleese stated that he is against them going into the normal set-
back requirements. He feels that we should have a good reason for allowing a
developer to build beyond the normal setbacks. He does not feel this is a good
reason. He feels this is a matter of convenience and not hardship. If it were
not for the setback, he would not be against this request.
Chair Prazak stated that he feels that this has minimal impact on the site.
Carmissioner Leppik agrees it has minimal impact, but does not feel it is a real
hardship and therefore can' t go along with the request .
Proponent stated that their contract has a 10' setback and that they are within
the setback area.
� Carmissioner McAleese stated that it was unclear that 10' setback was part of
their contraet . But he agrees that we should not allow expansion. He feels
that there are other alternatives . He questioned whether or not they would
request an additional building when this one was full .
City Planner Knoblauch stated that it can be recarmended that this be the last
enlargement of the praperty.
Corm�issioner Russell stated that she felt that we should stay with the original
agreement that the blueprint stay as is without any further additions .
It was moved by Carm�issioner Leppik, seconded by C,orm�issioner McAleese to recom-
mend to the City Council denial of the Preliminary Design Plan for an amendment
to PUD #28 to Allow Construetiar� uf a �tarage are� to the existing two-car
garage at the south end of the property at 4959, 4969, and 4979 Olson Memorial
Highway. Opposed: Chair Prazak, and C,orm�issioner MeCracken-Hunt. Motion
carried 3-2.
Camiissioner McAleese asked for clarification of the setback issue in regards to
P[A's.
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Minutes of the Golden Valley Planning Comnission
June 12, 1989
Page 4
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I V. I NFbRMAL PUBL IC I-IEAR I NG - PREL IMI NAR:�' DES IC�T PLAN FOR PUD #57 ,
NUR'II�WIRTH CXNiV1EE�CE CENTRE
APPLICANT: Northwirth Limited Partn�ership
LOCATION: 4100 Olson Memorial High�vay
RFQUEST: Approval of the Prelimin�iry Design Plan for PUD #57 ,
Northwirth Carmerce Cent�re, for Construetion of Offices ,
Office/Warehouse/Showroorn and Industrial Buildings
Chair Prazak introduced this item and ask��d Director Grimes for a brief over-
view. Director Grimes stated that the st:iff has been working with the develo-
pers for over a year putting this portion of the redevelopment together . It is
approximately 30 acres and would include �wo office buildings , a manufacturing
building, and two smaller office/showroom sites . Director Grimes stated that
this plan is consistent with the North Wirth Parkway Redevelopment Plan and
that the City of Golden Valley is a co-pe'titioner with the developers of this
projeet .
Director Grimes went over site details. '[�ere was considerable discussion on
the traffic signal to be installed at Highway 55 and Ardmore Drive. Director
Grimes stated that unless we have the light on Highway 55 and Ardmore there can
� be very little new development on this si �te. Parking on the site was also
discussed.
Chair Prazak opened the informal public hE�aring.
John Bossardt , proponent , introduced Ron �,rickson of KK.bc E Architectural
Engineering Firm to give an overview of the planning proeess . Ron Erickson
stated that the site will not have a wall of buildings facing Highway 55;
you will see a large landscaping area on Highway 55. Each of the buildings
will be a different design, but will use lthe same materials . They hope to
devela�a t�e e�tire area with a park setting.
Carrmissioner MeCracken-Hunt asked abaut dhe narrow setbaeks toward the rear of
the site.
Ron Erickson stated that they looked at �:��e e�atire site and they wanted to allow
for green space and cre�t+� landscaping alchn� Highway 55.
Carm�issioners MeCracken-Hunt asked about €;eneral amenities provided in the
office compYex,
Ron Erickson stated that they would provicle:
- Underground Parking
- Second story lobby overlooking Sweeney� Lake
� - Conference Room
- Locker Rooms
- Showers
- Eating facility on first floor
- Looking at Day Care Facility
Minutes of the Golden Valley Planning Corm�ission
June 12, 1989
� Page 5
Carmissioner Leppik asked about the landscaping plans.
Ron Erickson stated that at this time the plans are conceptual . 'Itiey are
looking for a park-like feeling for the entire area. He feels money spent on
landscaping is a very important part of the overall plan.
Carmissioner Leppik asked if sidewalks are planned for this area.
Director Grimes stated that they would look at the need for sidewalks and the
City and the developer would work together on this .
The hearing was opened to the public for corm�ent.
Ray Clark, Georgia Pacific, stated that they needed access to their parking lot
on the narth side of the p�ant� Wantec3 tr� know if this has been provided for
in the plans .
John Bossardt stated that , there would be an entrance road into the existing
property.
Ray Clark, Georgia Pacific, asked if the access to Highway 55 will be the same.
Director Grimes stated that it was his understanding that the access would
� remain the same.
Jerry Mank, 4212 Poplar Drive, stated he was concerned with the traffic on
Meadow Lane. He hc�pes something can be done to divert traffic.
John Bossardt stated that tfiey will be widening Meadow Lane and hopefully
eliminate the stacking problem.
Director Grimes stated that Meadow Lane is a State Aid Street and by definition
they are supposed to carry traffic from one road to another . The City Council
would heve to change its policy and undesignate it a State Aid Street to divert
traffic.
Cam �T�hnson, lVl�rtenson G�. , asked how wide Meadow Lane would be. It was stated
that it would be t�ree lanes .
Ray Clark, Georgia Pacific, stated that the shipping docks are on the extr�ne
west end on the plant and he was concerned about how the trucks would get onto
Highway 55. .
Carmissioner MeCracken-Hunt felt that the raute that large trucks would be
taking should be considered when developing that area.
Director Grimes stated that Short Elliott is working with Mn/DOT on traffic in
that area and that the large truck routes would be considered.
� The informal public hearing was closed.
Minutes of the Golden Valley Planning Corm�ission
June 12, 1989
� Page 6
It was moved by Carmissioner McCracken-Hunt , seeonded by Carrnissioner McAleese,
and motion carried unanimously to recormiend to the City Council approval of the
Preliminary Design Plan for PUD #57 , Northwirth Corrmerce Centre, for Construction
of Offices, Office/Warehouse/Showroan and Industrial Buildings at 4100 Olson
Memorial Highway.
Cam�issioner Leppik wanted to add some direction to this motion regarding speci-
fics aiscussed.
- Pedestrian Traffic
- Truck Turning Radius
- Landscaping in the parking area.
Carmissioner Leppik would also like to see landscaping along Highway 55 con-
sidered along with future development .
Comnissioner MeAleese stated that he had strong feelings about the setbacks in
this case. He felt that we were taking away from the normal setback merely to
provide rows of parking. He stated that by eliminating the outer row of
parking, the developer could still meet the number of parking spaces that the
staff considered reasonable and also maintain the setback. C',orm�issioner
McAleese did not feel there was any reason to allow taking away from normal
� setbaeks.
Ron Erickson stated that it was their intent to keep as many cars as ciose to
the entrance as possible. He stated that if you averaged all the setbacks and
the green areas on the site that they would be in excess of what the code
requires and in better places . He also stated that PUD's are for flexibility.
CoRmissioner McAleese stated that the general flexibility in a PUD is to allow
for multiple uses on a given site. It is to allow a building to oceur that
can't oecur under the eurrent zoning districts. He stated that maybe the set-
bacic r�qu���ments should be applied in this situation. He felt that the deve-
loper wouid be eliminating c�nly a�ne row of parking.
Director Grimes stated that the staff and developer would discuss the possibi-
lity of reducing parking along the setback.
Corm�issioner McA�e�se stated that he was only raising this issue for the
records. It was not a direction to the HRA that parking be eliminated.
Meeting adjourned at 9:05 p.m.
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June 20, 1989
�
T0: Golden Valley Planning Commission
FROM: Beth Knoblauch, City Planner
SUBJfCT: Informal Public Hearing - Minor Subdivision Application,
6945 Glenwood Avenue; Robert Knaeble, Applicant
The applicant wants t� split off the back portion of this residential lot to
create a front lot of 13,660 square feet and a back lot of 16,040 square feet.
Allowance has been made for a street access corridor to the praposed back lot.
The applicant does not currently own the property, but has signed a purchase
agreement for it.
The City of Golden Valley requires minor subdivision proposals to meet City
zoning standards. Both proposed lots exceed minimum area requirements. The
street access corridor fulfills the requirement that all lots have frontage on
a public street. The existing house will meet all setback requirements after
subdivision. Because staff had some difficulty assessing how well the site
would meet these requirements, the applicant has had the lot professionally
surveyed.
One issue has been raised which may affect how this application is treated by
� the City. An existing driveway easement lies along the western 15 feet of the
adjacent property to the east. The driveway itself is curved; and may encroach
on the property proposed fow subdivision, as may a row of light posts along the
driveway's west side. The driveway's user, who is opposed to this minor
subdivision, is considering taking legal action to claim sole use of any
portion of the property on which his driveway and light posts encroach.
As I am writing this report, the applicant is having the driveway and other
physical site features surveyed to determine exactly where they are located on
the lot. The applicant is willing to establish a private easement of up to
three feet in wi�th to accommodate the existing driveway. It appears that this
could be done and the 20 foot access corridor could still be preserved by
moving the side lot lir�e f�r tt�� pr�oposed front lot. There is enough clearance
between the existing h�use and the proposed lot line so that the City's side
setback requirement could still be met after relocating the property line in
this manner. If it turns out that the existing driveway encroaches excessively
on the property to be subdivided, and the applicant cannot come to terms with
the driveway user, we may need to get a legal opinion on whether we can proceed
while the use and/or ownership of the land is in dispute.
There are other small lots in the general vicinity of the proposed minor
subdivision. The addition of another single family home is not expected to
have a significant impact on traffic in the area, though the proposed driveway
will have to be located uncomfortably close to the existing driveway on the
adjacent property line. There appear to be no other significant factors that
� might prevent this minor subdivision from being approved.
Golden Valley Planning Commission
June 20, 1989
Page 2
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In my opinion, the Planning Commission should forward to the City Council a
favorable recommendation on the proposed minor subdivision. This recommenda-
tion, however, must be conditioned on the satisfactory resolution of the
existing driveway encroachment issue, or on the determination by the City
Engineer or by the City Attorney that the disputed property does not have a
significant impact on the minor subdivision as it is proposed.
Attachments:
l. Site Location Map
2. Plat of Knaeble Addition (Enclosed Separately)
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June 21, 1989
� , ,
T0: Golden Valley Planning Commission
FROM: Mark W. Grimes, Director of Planning and Development
SUBJECT: Informal Public Hearing - Amendment to PUD #34 to Allow the Minnesota
School and Resource Center for the Arts to Utilize the Golden Valley
Lutheran College Site
PUD #34 currently allows the use of the 31 acre Golden Valley Lutheran Gollege
(GVLC) site for the operation of a college campus serving 500 to 700 students.
In order for the campus to be used for the State School and Resource Center for
the Arts, the PUD permit must be amended.
The Minnesota School and Resource Center for the Arts is a separate State
agency that was established by the Legislature. They would like to lease the
GVLC site to operate the high school and resource center during the 1989-1990
school year. The school has signed a lease with the trustee of tfie GVLC
(Norwest Banks) for up to three years beginning in August 1989. The lease
could be terminated after the first year if another buyer of the site is found
and approved by the City.
The attached description of the Arts School was prepared by the Arts School
staff. It does an excellent job describing the proposed use and will answer
� many of your questions.
The staff has reviewed the proposal for this temporary use of the site and
recommends its approval for the following reasons:
1. The proposed use of the site is very similar to the operation of the
GVLC but at a less intense level as indicated in the description.
There will only be 135 students the first year and 270 students the
second year. When the college was operating in th early 1980's, up to
400 students lived in the four existing dorms. The high school
students will be well supervised both during the day and night.
2. Traffic in and 0ut of the site will be less than generated by the
CoTlege. The few community students will be allowed to drive to the
school . However, most will be bussed. Students living on campus with
cars must park their cars and use them only for transportation to
their homes on weekends and holidays. Because these are high school
students, most will not have cars.
There will be two small theaters on site for productions. However,
they can only seat 250 at one time. This would be far less than
attendance that occurred at basketball or football games in the past.
There are 346 parking spaces on site. This will be more than adequate
for the proposed uses on the site.
�
Golden Valley Planning Commission
June 21, 1989
� Page 2
3. It will be good to get the campus back in operation. Because the site
has been vacant for four years, the buildings and site are beginning
to deteriorate. The State will do a good job to maintain the
buildings and site.
The staff is recommending that the permit for PUD #34 be amended to allow the
operation of the Minnesota School and Resource Center for the Arts in addition
to a college. The Permit would be changed to specifically state that the
property may be used for the arts school of the type described in the attached
description submitted by the arts school .
(You will note in the existing PUD permit that tfiere are several buildings
described that do not exist. The GULC planned in 1982 to build an additional
dorm, a commons building and cafeteria addition to the main building. This
construction was never done. )
Attachments (Site Plan Enclosed Separately)
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P.U.D. �34
City Council �pproval 5-4-82
� CITY OF GOLDEN VALLEY, MINNESOTA
USE PERMIT
FO R
PLA!JWED UtJ1T DEVELOP�IEWT
PROJECT NAME: Golden Valiey Lutheran College
ADDRESS: 6125 Olson Memorial Highway
LEGAL DESCRIPTION:
Description of Building Parcel
That p�rt of the east 301 .87 feet of the west 546.57 feet of the northwest quarter
of the southwest quarter of Section 33, Township 118 North, Range 21 west of the
>th principal meridian, lying north of the south 555•37 feet thereof and lying
south of 6th Avenue North.
Description of Remaining Parcel
A11 that part of the northwest quarter of the southwest quarter of Section 33,
Township 11£3 North, Range 21 west of the 5th principal meridian which lies south
of 6th Avenue North, except railroad right-of-way and except that part of the
east 301 .87 feet of the west 546.57 feet of the above described property lying
north of the south 555.37 feet thereof.
� Description of Road Easements
The north 40 feet of the south 782.37 feet of the east 3�1 •87 feet of the west
54G.57 feet of the northwest quarter of the southwest quarter. That part of the
east 40 feet of the west 384.70 feet of the northwest quarter of the southwest
quarter lying north of the south 782.37 feet thereof and south of the southerly
line of State Highway tJo. 55. Also that part of the northwest quarter of the
southwest quarter, described as follows: Beginning at a point 496.57 feet east
of the west line and 782.37 feet north of the sdut� line of said northwest quarter
of the southwest quarter; thence east parallel witfi� the south line of said
northwest quarter of the southwest quarter a distance of 50 feet; thence north
parallel with the west line of said northwest quarter of the southwest quarter a
distance of 60 feet; thence southwesterly to the point of beginning. A11 in
Section 33, To�rnsh+p 118, Range 21 .
Description af Platted Areas
Lots 2 and 3, Block 3, Tralee except that part of said Lot 3 lying easterly of the
following described line: Beginning at a point in the northerly tine of said
Tralee, 20.3 feet west of the northeast corner of said Lot 3; thence southeasterly
on a course parallel to the easterly line of said Lot 3 and same extended to a
point of intersection with the east line of said Lot 3•
Lots 8, 9, 10 and 11 in Block 3, Outlot t ; all in Westchester. Including all of
� a vacated Douglas Drive North shown on the plat of Westchester.
Page 2
� APPLICANT: Golden Valley Lutheran Colle e
9
ADDRESS: 6125 Olson Memorial Highway
Golden Valley, MN 55422
OWNER: Golden Valiey Lutheran College
ADDRESS; 6125 Olson Memorial Highway
Golden Valley, MN 55422
ZONING DISTRICT: Institutional (I-2)
PERMITTED USES: Uses permitted in this development are college campus buildings
including the following:
A. A two story classroom building comprising approxinately 67,760 square feet
of space with a one story cafeteria addition comprising 2,478 square feet
of space.
B. Three two story dormitory buildings , two of which comprise approximately
12, 170 square feet of space each, and the third of which comprises approximately
12,760 square feet of space.
� C. Two three story dormitory buildings , one of which comprises approximately
48,24Q square feet of space and the second of which comprises 32,630 square
feet of space.
D. A one and a half story commons building comprising 4,500 square feet of space.
COMPONENTS:
A. Land Use Component:
l . Land uses within P.U.�. �I34 shall be Iim�ited to those uses indicated
on the approved sete plan, Campus P}an Proposed Construction Sheet No.
GVLC 2R4 e�ated �pril 14, 1982 and revised May 10, 1982. The principal
use shall be college campus buildings inctuding a classroom building,
five dormitory buildings and a commons building.
2. Parking for P.U.D. #t34 shall consist of 346 parking spaces including
156 spaces in two parking lots in the northerly portion of the campus
adjacent to Highway 55, 48 spaces along the east interior drive, 102
spaces in the east parking lot, and 40 spaces aTong the west interior
drive, as shown on the approved site plan, Campus Plan Proposed
Construction Sheet No. GULC 2R, dated April 14, 19&2 and revised
May 10, 1982.
�
Page 3
� 3. Landscaping as indicated on the approved site plan, Campus Plan Proposed
Construction Sheet No. GULC 2R, dated April 14, 1982 and revised �1ay 10,
1982, and on the Landscape Plan, Landscaping Sheet No. C-3R, dated
February 25, 1982 and revised May 10, 1982, shall be subject to approval
of the Building Board of Review and the City Councit . Landscaping
as approved by the Building Board of Review and City Council shall be
compteted within 210 days following completion and occupancy of the
proposed new dormitory and commons buildings. Landscaping adjacent to
the proposed new cafeteria addition scheduled for a subsequent construction
phase shall conform to a Landscape Plan approved by the Building Board
of Review and shall be completed within 210 days following completion
and occupancy of the addition.
4. Special precautions shall be taken during and after construction to
protect against erosion, silting, excessive grading, or any other
conditions detrimental to the area. Grading and excavation for footings
and other construction needs shall be done in a manner so as to avoid
dirt storage, disturbing of trees, or other activities beyond the
prescribed construction limits.
5. Any future expansion of Golden Valley Lutheran College shall include
provision for student recreational needs.
� B. Circulation Component:
1 . lnterior drives and walks shall be located where shown on the approved
site plan, Campus Plan Proposed Construction Sheet No. GULC 2R, dated
April 14, 1982 and revised May 10, 1982•
2. Interior concrete curbs shall be constructed within the development to
separate driving and parking surfaces from landscaped areas, with the
exception of pre-existing driving and parkin9 surfaces. However, interior
curbs shall be tonstructed within the new stage of development. Interior
curbs shall not be less than six (6) inches in height. Sidewalks and
curbs shatl be designed to accommo�ate the handicapped.
3. Radiuses on the walkway/emergency road shall be designed to accommodate
Cityfire equipment without wheels going off the pavement on curves.
4. Signage shatl be added at the west access road to reduce unwarranted
traff6c.
5• The southwest emergency access road from Edgewood Avenue North shall be
vacated, the ap ron removed, and the apron and road replaced with evergreen
trees and sod as indicated on the approved site plan, Campus Ptan Proposed
Construction Sheet No. GULC 2R, dated Aprit 14, 1982 and revised
May 10, 19$2.
� C. Population Component:
l . Approximately Sb0 students will be housed in the five dormitories on
the Golden Valley Lutheran College Campus with 400 students housed in the
existing four dormitories and 160 students housed in the new dornitory
building.
Page 4
�
2. Total student enrollment at Golden Valley Lutheran College will be
approximately 700 to 800 students.
D. Subdivision Component :
l . The described property shall be platted in accordance with the approved
Preliminary Plat Sheet No. GULC 1 , dated April 2, 1982 and revised
April 14, 1982, and the plat name shall include "P.U.D. No. 34".
2. The Final Plat shall be filed within six (6) months after the date of
the Council action giving final approval to the PUD Permit.
E. Services and Facilities Component:
1 . Water and sanitary sewer service lines shall be installed, owned and
maintained by the owner or owners .
2. Existing watermain easement shall be vacated and new watermain easements
dedicated prior to issuance of building permits forthe new dormitory
and commons buildings .
� 3. All utilities shall be underground.
4. Wet type standpipes shall be installed in the new dormitory building.
5. Sprinkler system shall be installed in all trash chutes and trash
cotlection areas.
6. Fire alarm systems shatl be approved by the City Fire Marshal prior to
installation.
7. A Fire I�epartment siamese shall be installed on the west side of the new
dormito ry as near as possible ta the new fire hydrant .
8. All mechanicals on roof or g round shall be screened with inspection
Department approval .
9. All waste gen�rateci by the occupancy shalt be stored internally until
rem�oved from the premises.
F. Construction Order Component:
l . Construction of proposed additions to Golden Valley Lutheran College
Campus facilities shall be completed in two phases with construction
of the new dormitory and commons buildings to be completed in the first
� construction phase and construction of the cafeteria addition to take
place in a later construction phase. All other site improvements,
including drives, parking areas, walks and landscaping, shall be completed
in conjunction with the first phase of construction.
Page 5
�
2. A bond running in favor of the City of Golden Valtey as obligee for
an amount to be determined by the City Engineer shall be required for
ell bituminous surfacing and concrete sidewaTk, curb and gutter as provided
on the approved site plan, Campus Plan Proposed Construction Sheet No.
GVLC 2R, dated April 14, 1982 and revised May 10, 1982•
3. A bond running in favor of the City of Golden Valley as obligee for
an amount to be determined by the City Engineer shall be required for
installation of sewer and water service as provided on the approved
utilities plans, Utilities and Dimensions Sheet No. C-2R, dated
February 25, 1982 and revised April 28, 1982, and Waterline Plan and
Profile Sheet No. C-4R, dated April 21 , 1982 and revised April 28, 1982.
4. A deposit in an amount to be determined by the City Engineer shalt be
placed with the City of Golden Valley to cover Engineering Inspection
costs associated with proposed construction.
5, A landscape bond running in favor of the City of Golden Vatley as
obligee shall be posed in an amo�nt to be determined by the Building
Board of Review and shall run for two (2) full growing seasons and
until released by the Golden Valley Inspection Department. The bond
shall be executed and detivered to the Golden Valley lnspection Depart-
� ment prior to issuance of the building permit.
G. Maps and Reports :
l . The architect or engineer in charge of the project� who shal ) be registered
in the State of Minnesota, shall provide as a minimum monthly written
reports for each phase of the construction process.
2. The arch+ tect or engineer in charge of the project, who shall be registered
in the 5tate of Minnesota, shall inspect the site during 'construction.
When the project is completed, the re9istered architect or engineer
shall certify in writing to the Building Department of the City of Golden
Valley that the project has been constructed in conformity with all
approved plans applicable to the subject PUD.
�
� Page 6
It is hereby understood and agreed that this Use Permit is a part of the City
Council approval granted on May 4, 1982 relative to Planned Unit Development
�34.
GOLDEN VALLEY LUTHERAN COLLEGE
.
WI TNESS: �l,G�/ �1 /�L�_����� BY: .
T I T L E: ��4�
DAT�: �8�'w''� � 7� �
�
CITY OF GOLDEN VALLEY
_1 �° ,
� , , . ; ,- ' %
W I TNESS. , '-7i�—,��„�...�, ' �.:r�.-kl�--�
_� �.��._L� � ✓C� :..-t �=�!�; B Y: '
p L'-�� Rose ry Thorsen, `l,ts Mayor
� ( /�'� /
WITNESS: �,��1 ��,t�v"� l.� . ` �1�(b11 AND:
Je Swe , Its ity �4anager
OI�TE: � �� ` ����
�
P.U.D. NUMBER:
��� C��-��;�
CITY OF GOLDEN VALLEY
� APPLICATION FOR CONSIDERATION
OF
PLANNED UNIT DEVELOPMENT ORDINANCE
PRELIMINARY DESIGN PLAN
DATE OF APPLICATION: 6/7/89
*FEE PAID RECEIPT N0.
100.00
APPLICANT NAME: Minnesota School & Resource Center for the Arts PHONE N0. 612-290-1302
ADDRESS: 17 W. Exchange St. , 400 Gallery Bld . St. Paul [�7 55102
Number & Street City State Zip
PROPERTY OWNER: _ Norwest Bank Minnesota Corporate Trust Dept. PHONE N0. 612-372-8000
ADDRESS: 8th St. & Marquette Ave. Minnea lis NL�i 55479-0069
Number & Street City State Zip
STREET LOCATION AND/OR ADDRESS OF PROPERTY IN QUESTION: 6125 Olson Memorial Highway,
Golden Valle , MN 55422
GAL DESCRIPTION (Attach separate sheet if necessary):
NAME AND ADDRESS OF PROPERTY OWNERS WITHIN 500 FEET OF THE PROPERTY IN QUESTION: (Attach
to Application along with an area Half-Section Map. )
TYPE OF PROPOSAL:
SMALL AREA: LARGE OR COMPLEX AREA:
RESIDENTIAL: COMMERCIAL: INDUSTRIAL:
BUSINESS & PROFESSIONAL OFFICE: INSTITUTIONAL: x MIXED USE:
REDEVELOPMENT AREA: None
PRESENT ZONING OF PROPERTY:
RESENT USE OF PROPERTY:
ee for PUD Amendment $75.00.
PROPOSED USE OF PROPERTY (Attach additional pages if necessary. )
iPlease refer to attachment
STRUCTURES: NUMBER: TYPE:
HEIGHT: NUMBER OF ST6�IES: AMENITIES AND/OR RECREATIONAL
FACILITIES (i.e. Tennis C��rt, Pool , etc. ):
NUMBER OF PEOPLE INTENDED TO LIVE OR WORK ON PREMISES: ADULTS: 50 CHILDREN: 270
NUMBER OF OFF-STREET PARKING SPACES PROPOSED: ENCLOSED (Garage or Parking Ramp)
NON-ENCLOSED TOTAL ACRES OF LAND IN P.U.D.
DENSITY: (Number of Units Per Acre)
NDICATE THE FOLLOWING DATA BY PERCENTAGES:
EA COVERED BY STRUCTURES: % AREA COVERED BY QUTSIDE FARKING: %
AREA COVERFD BY INTERIOR STREETS: % AREA LANDSCAPED: %
NATURAL AREA AND/OR OPEN SPACE: � PONDING AREA: %
ZONING VARIANCES:
List below all variances from the standard zoning requirements that will be requested as
part of this P.U.D. , and the justification for granting said variances (attach additional
sheets if needed).
I HEREBY DECLARE THAT ALL STATEMENTS MADE IN THIS REQUEST, AND ON AODITIONAL MATERIAL, ARE
TRUE. -� -
' � � �
,-
� �
� �.,Si nature of Applicant Dat
�',�w1ES' F V�1�Ekl o [���noae Sc�
Signature of Property Owner Date
PROPOSED USE OF PROPIItTY:
� The Minnesota Center for Arts Education is a separate State Agency in
the Executive Branch of Government. It is governed by a fifteen member
Board of Directors appointed by the Governor. The activities of the
Center for Arts Education are specified in chapter 129C.10 of the Laws
of Minnesota (See: Conference Committee Report 654� Article 12,
attached) . The Center for Arts Education receives its funds through an
authorization from the State Legislature of general fund monies. The
budget for fiscal year 1990 is $5.8 million; for fiscal year 1991� $6.2
million. The present staff complement is 21. During fiscal year 1990
the staff number will increase to 39; during fiscal year 1991 to 49.
The Center will contract for the following services: cleaning, grounds
maintenance and snow removal, food/cafeteria, trash hauling.
The Center will operate a number of Arts Education programs. The
programs are best understood in two categories: programs for talented
high school students and resource programs for teachers and students
(who may or may not demonstrate talents) .
The programs for talented high school students include the full-time
arts and academic program for llth and 12th graders (often referred to
as the Arts High School) and part-time programs for students in grades
9-12.
The full-time program will include 135 llth graders in fiscal year 1990
and 270 llth and 12th graders in fiscal year 1991. Current legislation
� does not authorize more than 270 full-time students. Approximately 100
of the 135 and 190 of the 270 students will live on campus in the Delta
Dormitory.* Classes will be held in the Administration/Classroom
Building. An eight-hour school day, 8:00 a.m. to 4:00 p.m. � is
planned. Students who live within a 45 minute commute of the site will
be transported by school bus or will car-pool. Neither commuting nor
residential students will be permitted use of their cars during school
hours; residential students may only use their cars to travel to home
and back.
The residential students will be supervised in the dormitory by
adults. The ratio of students to adult supervisors will be
approximately 40:1. The center will own and operate two small school
buses for student transportation to events� shopping and other errands.
The full-time program curriculum will include a complete academic
program. Students will study an art area in depth. The art areas will
include Dance� Literary Arts� Media Arts� Music, Theater and Visual
Arts. The program has been designed to provide a broad contextual
perspective� not a narrow� vocational track.
� *Alpha and Beta dormitories will not be leased. Gamma dormitory may be
leased for fiscal year 1991 for use by short-term students and visiting
arts educators.
The part-time programs for talented high school students in grades 9-12
will include intensive, one-week sessions held during the school year
on the campus. Groups of 50-100 students will occupy available space
� in Delta Dormitory and study an art area for five days. Other
part-time programs will be held during the summer. Approximately 150
students in two to three week sessions will come to the campus for
in-depth study.
Resource programs have and will occur primarily off-campus in locations
throughout the state. On-campus activities will include teachers and
arts professionals conducting research in the Learning/Resource Center
(library) and short-term workshops for arts teachers.
The renovation of the Administration/Classroom Building divides the
gymnasium into two studio theatres. Each theatre will seat
approximately 250 persons. The two theatres cannot operate
simultaneously. Because of the theatre capacities, no heavy volume of
traffic is expected.
It is possible that the center will seek to lease the Gamma Dormitory
in fiscal year 1991 to accommodate part-time programs for talented
students and to provide additional classroom space.
The current lease between the Center and Norwest Banks guarantees the
first academic year, but can be terminated upon sale after that. The
Center owns land in downtown St. Paul and expects to build a permanent
facility on that site in the future. Bonding authority will be sought
from the 1990 legislature to construct the permanent facility.
�
�
05/Z2/89 ,REV:SOR ] R�S/RD CCR3F0654
� 1 The chanaes in the com�os�`ior oF the ESV computer council sha�l
2 occu: as vacancies occL: o: the ter�s of inembers ex�i:e.
3 e�RTiC`_.E 12
4 STATE AGENCIES'
5 A??ROPRZATIONS FOR EDUCATION
6 Section 1. Minnesota Statutes 1986, sec:ion 43A.08,
7 subdivision la, is amended to read:
8 Subd. la. �ADDITIONAL UNCLASSIFIED POSITIONS. } Appointing
9 authozities foz the following agencies may designate additional
10 unclassified positions according to this subdivision: the
11 departments of administration; agriculture; commerce;
12 corrections; jobs and trainina; education; employee relations;
13 trade and economic development; finance; health; human rights;
14 laboz and industry; naturai resources; office of administrative
15 heazings; public safety; public service; human services;
16 zevenue; transpoztation; and veterans affairs; the housing
17 finance, state planning, and pollution c�ntrol agencies; the
� 18 state board of investment; the waste _management board; the
19 offices of the secretary of state, state auditor, and state
20 treasurer; the state board of vocational technical education;
21 the selsee�-aad-reeenree Minnesota centez for the arts education;
Z2 and the Minnesota zoological boazd.
23 A position designated by an appointing authority according
24 to this subdivision must meet the following standazds and
25 cziteria:
26 (1) the designation of the position would not be contzary
27 to other law relating sgecifically to that agency;
28 (2) the persan occupying the position would report directly
29 to the a9ency head oz deputy agency head and vould be designated
30 as part of the agency head's a�anayement team;
31 (3} the duties of the position would involve significant
32 discreCion and substantial involvement in the development,
33 interpretation, and implementation of agency policy;
� 34 (4) the duties of the position would not require p:ima::�y
35 personnel, accounting, or othez technical expertise where
36 continuity in the position Would be impoztant;
195
OS/22/89 [R�VZSO� J RJS!RD CCRHF0654
� 1 (5) the:e would be a need for the person occupying the
2 position to be accountable to, loyal to, and compatible with the
3 governor and the agency head, oz the empl�ying constitutional
4 officer;
5 (6) the position would be at the level of division or
6 bureau director or assistant to the agency head; and
7 (7) the commissioner has approved the designation as being
8 consistent with the standards and criteria in this subdivision.
9 Sec. 2. Minnesota Statutes 1988, section 128A.09, is
10 amended to zead: ,
11 128A.09 (SERVICE, SEMINAR, AND CONFERENGE F£ES. )
12 Subdivision 1. (B�P9S��;-eR£H�� RENTAL INCOME;
13 APPROPRIATION. ] �eee-end Rental incame, excluding rent for land
14 and living residences, ee��eeted-bY-the-eende�=ee-fer-�erdieee,
15 se�iner�r-aad-eenfere�ees must be deposited in the state
16 treasury and czedited to the a revolving fund of the academies.
17 Monev in the revolving fund foz rental income is annually
� 1B appzopziated to the academies for staff development purposes.
19 Pavment from the revolvinq fund for zental income may be made
20 onlv accordinq to vouchers authorized by the administrator of
21 the academies.
22 Subd. 2. (l4HH�N�S�RA�9R1S-Y6H2HER8 FE�S;
23 APPROPRIATION.) Per++e�t-ma7-be-a+ede-fra�-the-rede��i�g-fnad-on�y
Zb eeeerding-te-�eneher�-antherised-br-the-eamiaiatretor-ef-t�e
25 eeade�ie�.- Income from fees for conferences, seminars,
26 nondistrict technical assistance, and production of
27 instructionally-related materials must be deposited in the state
28 treasuz� an� credited to a revolving fund of the academies.
29 Money in the revolving fund for fees from confezences, seminars,
30 nondistzict technical assistance, and production of
31 instructionally-related materials is annually appropriated to
32 the academies to defray expenses of the eer�iee� conferences,
33 semihars, technical assistance, aad eenferenee� production of
� 34 materials Payment from the revelving fund foz conferences and
35 othe� fees mav be made onlv accor�ing to vouchers authorized by
36 the administ:ator of the academies.
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05/22/89 �REVZSOR J RJS/RD CCRHF0654
� 1 Sec. 3. Minnesota Statutes 1988, section 129C.10, is
2 amended to read:
3 129C.10 [MINNESOTA SEu68a-ANH-P�S9dRE£ CENTER FOR ��£
4 ARTS EDUCATION. �
5 Subdivision 1. [GOVERNANCE. ] The board of the Minnesota
6 eeheo�-and-reeessree center far t�t arts education shall consist
7 of 15 persons. The members of the boazd shall be appointed by
8 the governor with the advice and consent of the senate. At
9 least one member taust be appointed from each congressional
10 district. _
11 Subd. 2. (TERMS, COMPENSATION, AND OTHER. J The membership
12 tezms, compensation, removal of inembers, and filling of
13 vacancies shall be as provided for in section 15.0575. A membez
14 may serve not more than two consecutive terms.
15 Subd. 3. (POWERS AND DUTIES OF BOARD.j (a) The board has
16 the powers necessazy for the care, management, and contzol of
17 the Minnesota �ehee�-end-reees�ree center foz the azts education
� 18 and all its real and personal property. The powers shall
19 include, but aze not limited to, those listed in this
20 subdivision.
21 (b) The board may employ and discharge necessary employees,
22 and contract for othez services to ensure the efficient
23 operation of the �ehee�-and-re�enree center foz arts education.
24 (c) The board mav zeceive and award grants._ The board 'may
25 esLablish a charitable foundation and accept, in trust or
26 othezwise, any gift, grant, bequest, or devise foz educational
27 purposes and hold, manage, invest, and dispose of them and the
ZB proceeds and income of them according to the terms and
29 conditions of the gift, grant, bequest, or devise and its
30 acceptance.
31 (d) The board may establish or coordinate evening,
32 continuing education, extension, and summer progzams tlsrengh-the
33 reeoaree-eenter foz teachers and pupils.
� 34 (e) The board may identify pupils in grades 9 to 12 who
3 5 have artis tic ta len t, ei t hez demonstra te d or p o t e n t i a l, i n
36 dance, literazy arts, media arts, nusic, theater, and visual
197
05/22/89 [REViSOR J RJS/R� CCR�F0654
� 1 arts, or in more than one art form.
2 tf) The boa:d shall educate papils with a:tistic talent by
3 p:oviding:
4 (1) a pilot interdisciplinary academic and arts program for
5 pupils in the llth and 12th gzades, beginning with 135 pupils in
6 the llth grade in September 19B9, and 135 pupils in the llth
7 gzade and 135 pupils in the 12th grade in September 1990;
B (2) intensive arts seminars for one or two weeks for 9tl�
9 nnd-�6th-grede pupils in qrades 9 to 12;
10 (3) summer arts institutes for pupils in grades 9 to 12;
11 (4) artist mentor and extension programs in regional sites;
12 and
13 (5) teacher education programs for indirect curriculum
14 delivery.
15 (g) The board may detezmine the location for the Minnesota
16 aehoe�-ead-re�earee center for tke azts education and any
17 additional facilities related to the aehee� centez, including
� 18 the authority to lease a tempozary facility.
19 (h) The board must plan for the enrollment of pupils on an
20 equal basis fzom each congressional district.
21 (i) The board taay establish task forces as needed to advise
22 the boazd on policies and issues. The task forces expire as
23 provided in section 15.059, subdivision 6.
24 (jy The board may zequest the commissionez of education for
25 assistance and services.
26 (k) The board may enter into contracts with other public
27 and private agencies and institutions for residential and
28 building maintenance services if it determines that these
29 services could be provided more efficiently and less expensively
30 by a contzactor than by the board itself. The board may also
31 enter into contracts with public cr private agencies and
32 institutions, school distzicts or combinations of schooi
33 districts, or educational cooperative service units to provide
� 34 supplementai educational instzuction and services.
35 (1) The board may provide or contzact for services and
35 progzams by and for the ert�-h�gh-eehee� centez for arts
198
OS/22/69 (REVISOR J RJS/RD CCRHF0654
� 1 education, including a ee4ee? store, operating in connection
2 with the �ehee� cer.te:; theatzical events; and other programs
3 and services that, in the determination of the bcard, aerve the
4 purposes of the ert�-�igh-eehee� center.
5 (m) The board may provide for transportation of pupils to
6 and from the aehee�-end-reee�ree center for tht arts education
7 for all or part of the school year, as the board considers
8 advisable and subject to its zules. Notwithstanding any other
9 law to the contrary, the b�ard may charge a zeasonable fee foz
10 transportation of pupils. Every driver providing transportation
11 of gupils under this pazagzaph must possess all qualifications
12 required by the state board of education. The board may
13 contract for furnishing authorized transportation under rules
14 established by the commissioner of education and may purchase
15 and fuznish gasoline to a contract carrier for use in the
16 performance of a contract with the board for transportation of
17 pupils to and fzom the �eheo�-end-reso�ree center for the arts
� 1B education. When transportation is provided, scheduling of
19 routes, establishment of the location of bus stops, the manner
20 and method of transportation, the contzol and discipline of
21 pupils, and any other related matter is within the sole
22 discretion, contzol, and management of the board.
23 (n) The board may provide zoom and board for its pupils.
24 (o) The board may establish and set fees for services and
25 pzograms without regard to chapter 14. If the board sets fees
26 not authorized oz prohibited by the Minnesota public school fee
27 law, it may do so without complying with the requirements of
28 section 120.75, subdivision l.
29 Subd. 3a. ([tR�S-H�6S-52HA8� CENTER FUND APPROPRIATION. )
30 There is established in the state treasury ar. a center for arts
31 high-eehee� education fund. All �oney col2ected by the boazd
32 shall be deposited in the fund. Money in the fund, including
33 interest earned, is annually appropriated to the board for the
� 34 operation of its sezvices and programs.
35 Subd. 4. [EMPLOYEES. j (a) (1) The boazd shall appoint a
36 dizector of the eebees-nnd-reeenree center for the arts
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OS/22/89 [REVISOP. J RJS/RD CCRHF06�4
� 1 education who shall serve in the unclass:fied se:vice.
2 (2) The board shall employ, upon recommendation of the
3 director, a coordinator of the resource eenter programs who
4 shall serve in the unclassified service.
5 (3) The board shall employ, upon recommendation of the
6 directoz, up to six depaztment chaizs who shall serve in the
7 unclassified service. The chairs shall be licensed teachezs
8 unless no licensure exists for the subject area or discipline
9 for which the chair is hired.
10 (4) The boazd may employ other necessary employees, upon
11 zecommendation of the director.
12 (5) The board shall employ, upon recommendation of the
13 dizector, an executive secretary for the dizector, who shall
14 serve in the unclassified service.
15 (b) The employees hired under this subdivision and other
16 necessary employees hized by the board shall be state employees
17 in the executive branch.
� 18 Subd. 4a. (ADMISSION AND CURRICULUM REQUIREMENTS �
19 GENERALLY. ] (a) The boazd may adopt zules for admission to and
20 discharge from the �ehee� full-time prcgrams for talented pupils
21 and rules zegardinq the opezation of the aehee�-end-re�e�ree
22 center, including transpoztation of its pupils. Rules covezing
23 admission end-di�ekarge are governed by chaptez l4. Rules
2a covezing discharae from the full-time pzoaram for talented
25 Qu�ils must be consistent with sections 127.26 to 127.39, the
26 p�il fair dismissal act. Rules segarding discharge and the
27 operation of the aehee� center are not governed by chapter l4.
28 (b) Proceedings concezning the full-time pzogram for
29 taltnted pupils, includinq admission te-er_ discharge frem-the
30 aehee�, a pupil's program et-the-eehee�, and a pupil's
31 progzess nt-the-�ehee�_ aze �overned by the rules adopted by the
32 board and are not contested cases governed by chapter 14.
33 Subd. 5. [RESOURCE e�Nm£R PROGRAMS. J ��e Resource eenter
• 3a eha��-effer programs thet-ere must be directed at improving azts
35 education in elementary and secondary schools throughout the
36 state. The programs offered shall include at least summer
200
OS/22/B9 [R�V:SOR ] RJS/RD CCRriF0654
� 1 institutes offe:ed to pupils in various regions of the state, �
2 in-service workshops for teachers, and leadershig development
3 programs for teachers. The board shall establish a
4 resource eenter proarams advisory council composed of elementary
5 and secondary arts educators, zepresentatives fzom
6 post-secondary educational institutions, department of
7 education, state arts board, regional arts councils, educational
8 cooperative sezvice units, school district administrators,
9 parents, and other organizations involved in arts education.
10 The advisory council shall include zepresentatives from a
11 variety of arts disciplines and from various areas of the
12 state. The advisory council shall advise the board about
13 the eetiditie�-ef-the-eenter zesource progzams. �rogreme
14 effered-threngh-the Resource eeater programs shall promote and
15 develop arts education pregre�� offered by school distzicts and
16 arts ozganizations and shall assist school districts and arts
17 organizations in developing innovative pregreme programming.
� 18 �he board may contract with arts organizations to
19 provide resource programs thre�gh-the-re�enree-eeater. The
20 advis�ry council shall advise the board on contracts
21 and pregre�� ra ants zelated to the operation of the resource
22 eenter proazams.
23 Subd. 6. [PUBLIC POST-SECONDARY INSTZTUTIONS; PROVIDING
24 SPACE.] Public post-secondary institutions shall provide space
25 for pzo�zams offered by the Minnesota ae�ee�-and-re�enr�e center
26 far t�e arts education at no cost to the Minneeote-�chee�-ead
�7 reeenree centez fer-the-art� to the extent that space is
28 availabl� at the public post-secondary institutions.
29 Sec. 4. Minnesota Statutes 1988, section 141.25,
30 subdivision B, is amended to reac:
31 Subd. B. (FEES AND TERMS OF LICENSE. J (a) Applications for
32 initial license under sections 141.21 to 141.36 shall be
33 accompanied by 54f9 5510 as a nonrefundable application fee.
� 34 (b) A11 licenses shall expire on Decembez 31 of each year.
35 Each renewal application shall be accompanied by a nonrefundab:e
36 renewal fee of 5�36 5360.
2D1
OS/22/89 iREVISOR J RJS!RD CCRHF0654
� 1 (c) Appiicat:on fcr renewal o� license shall be made or. o:
2 before October 1 of each calendar peaz. Each renewal form shail
3 be supplied by the commissioner. It shall not be necessary for
4 an applicant to supply all information required in the initial
5 application at the time of renewal unless requested by the
6 commissioner.
7 Sec. 5. Minnesota Statutes 1988, section 141.26,
B ssbdivision 5, is amended to read:
9 Subd. 5. jFEE.) The initial and renewal application foz
10 each permit shall be accompanied by a nonrefundable fee of $�5S
11 5190.
12 Sec. 6. Minnesota Statutes 1988, section 297A.25,
13 subdivision 11, is amended to read:
14 Subd. 11. (SALES TO GOVERNMENT. J The gross zeceipts from
15 all sales, including sales in which title is retained by a
16 seller oz a vendor or is assigned to a third party under an
17 installment sale or lease purchase agreement under section
� 18 465.71, of tangible personal property to, and all storage. use
19 or consumption of such property by, the United States and its
20 agencies and instrumentalities, the *�niversity of Minnesota,
21 state universities► community colleges, technical institutes,
22 state academies, the Minnesota center for arts education, and
23 political subdivisions of thE state are exempt. Sales exempted
2a by this �ubdivision include sales under section 297A.01,
25 subdivision 3, clause (f). This exemption shall not apply to
26 building, construction or reconstruction materials puzchased by
27 a contractor or a subcontractor as a pazt of a lump-sum contract
28 oz similas type of contract with a quaranteed maximum price
29 covering both labor and materials for use in the construction.
30 alteration or repair of a build�ing or facility: This exemptian
31 does not apply to construction materials purchased by tax exempt
32 entities oz their contractors to be used in constructing
33 buildings or facilities which will not be used principally by
� 34 the tax exempt entities.
35 Sec. 7. (INSTRL'CTION TO REVISOR. J
36 The revisoz of' statutes is recuested to chanae the name of
202
OS/22/89 (R��ISCR ] RJS/RD CCRHF0654
� 1 Minnesota Statutes, chaDter 129C, f.om "Mirnesota School and
2 Resource Center for the A:�s" to "Minnesota Center for A:ts
3 Education."
4 Sec. 8. (MAGNET ARTS PROGRAMS. J
5 The center shall ident�fy at least one school district in
6 each congressional district with the interest and potential to
7 offer magnet arts programs using the curriculum developed by the
8 Minnesota center for arts education A report on legislative
9 action needed to implement magnet arts programs shall be
�.C� scabmitted to the education committees of the legislature by
11 Februazv 1, 1990.
12 Sec. 9. (APPROPRIATIONS. J
13 Subdivision 1. [DEPARTME:JT OF EDUCATION. J ='he sums
14 indicated in this section are appropriated fr�m the 9eneral
15 fund, unless othezwise indicated, to the department of education
16 for the fiscal years designated.
17 The amounts that may be spent for each program are
� 18 specified in the following subdivisions.
19 The approved complement is:
20 1990 1991
21 General Fund 262.5 262.5
22 Federal 128.4 129.4
23 �lther 28.1 28.1
24 Total 419.0 a20.0
25 The commissioner of education, with the apProval of the
26 commissioner of finance, may transfer unencumbered balances
27 among the programs during the biennium. Transfezs must be
28 re orted immediatel to the house educaticn finance division and
29 the senate education funding division. Durinq the biennium, the
30 commissioner may transfez aoneY ana�5 the c�arious obje_r.ts of
31 expenditure categories and activities within each prog_ram,
32 unless restricted by executive order.
33 The commissioner of education, with the a�azoval of the
� � . � � � . � . . f � .
34 commissioner of finance, mav transfez complement amo� funds
35 necessary The cemmissionez must repozt material changes to the
36 house education finance division and the senate e�UCation
2-0 3
OS/22/89 (RE�':SOR J R�S/RD CC�uF0659
� 1 funding division.
2 Subd. 2. jEDUCATIONAL SERVICES. J
3 5g,302,000 1990
4 $7,571,000 1991
5 521,000 each year is from the trunk hiahway fund.
6 5100,000 eacr year is from the alcohol-impaired d:iver
7 education account in the special revenue fund.
B The federal compleme�t of the communitv education section
9 is increased by 3.0.
10 The base in the learner suppo:t section is reduced by
11 5691,000 in 1991.
12 51,191,000 in 1990 and S500,000 in 1991 are for the learner
13 support section Any unexpended balance remaininq in the first
14 yeaz is available for the second year. For the purpose of
15 developinq the fiscal years 1992-1993 biennial budqet, the base
16 for the learner support section is 522D,000 each year plus
17 allowable statewide department of finance base adjustments.
� 18 The state complement in the institutional approval section
19 is increased by 1.0.
20 The state complement in the equal opportunities section is
21 increased by 1.0.
22 The state complement of the Indian education section is
23 increased by 4.0.
�4 $47,000 is added to the vocational student ozganization
25 base in 1990 only•
26 The state complement of the assessment and program
27 evaluation section is increased by 4.5. 5495,000 each year is
28 for 2 0 of the 4 5 complement and �or continued development of
29 the nssessment item bank and for technical assistance to
30 districts in the use of assessner.t measures in�luding the ite�
31 bank.
32 One com lement in the curriculum services section is
33 transfezred from the public health fund to the genezal fund.
� 34 5450,000 each ear ma be used for the identification anC
35 inte rat'ion of learner outcomes. Of these amounts, 5175,000 in
36 fiscal year 1990 is for the identification and development of
204
OS/22/89 (REVTSOR ) RJS/R� CCRHF0654
� 1 vocational ca:eer learner outcomes.
2 The federal comp?emer.t of the cu:riculum se:vices section
3 is increased by 2.0.
4 The federal com�lement of the special education section is
5 increased by 1.0 in 1991.
6 The state complement includes 1.0 for the office of
7 educational leadership and the federal complement includes 3.0
8 for the office of educational leadership.
9 Subd. 3. (ADMZNISTRATION AND FZNANCIAL SERVICES. �
10 58,851,700 1990
11 58,906,700 1991
12 The state complement of the education finance and analysis
13 section is increased by 2 O for pzocessing pupil enrollment
14 transfers. The base in the education finance and analysis
15 section is zeduced by $30,000 each vear for pzogram cost
16 analysis.
17 School districts shall re ort information on salar
� 18 schedules to the department of education in a manner prescribed
19 by the department.
20 525,000 each yeaz is for the development and distribution
21 of training videos for school bus driv_ezs.
22 The state complement of the education data systems section
�3 is increased by 6.0.
24 S1.267,000 in 1990 and 51,420,000 in 1991 are for the
25 education data systems section. 515,000 each year of these
26 amounts are for the expenses of the ESV computer council. Any
27 unexpended balance remaining in the first vear does not cancel
28 and is available for the seeond year.
29 The ESV computer council shall study and evaluate the
30 current stzucture of reaional management information centers.
31 The study shall include at least the following:
32 (1) the number and location of reqional data processino
33 centezs;
� 34 (2 :he numbe:, location, and admir.istrative structure of
35 reaional sezvice centezs;
36 (3) the relationshio of reaional computing centers to the
205
OS/22/69 (R�V:SOR ) RJS;RD CCR�F0654
� 1 de�artments o° ac^.ir.is::at�on and education:
2 (4) the admir.istrative relatio^s�ip of recional processing
3 or service cente:s to other reqicnal administzative units,
4 includinq educational cooperative se:vice units;
5 (5} the relationshi� o� the development of reqional
6 rocessing to state telecommunications networks; and
7 (6) other administrative or related issues, as determined
B by the council.
9 The counci? shall report to the education committees of the
10 legislature by Febzuary 1. 1990, its recommendations for
11 chanqes. The report shall also include recommendations about
12 the role of the council in implementing the recommendations.
13 $50,000 in 1990 is for the ESV computer council to contract
14 with the information policv office in the depaztment of
15 administration for this study.
16 The child nutrition section is reduced bv 530,000 each year.
� 17 514,000 each vear is for internal auditing of the
18 department. '.'.'he auditinq shall include analysis of the payment
19 of credits and aids b�� the depaztment to school districts.
20 The commissioner shall maintain no more than six total
21 complement in the cateqories of commissioner, deputy
22 Commissioner, assistant corunissioner, assistant to the
23 commissioner, or executive assistant.
24 $50,000 in 1990 is for development of an information
25 manaaement policy within the department of education to analyze
26 the purpose and use of the integrated data base and other data
27 gathezed by the department from school districts. The policy
Z8 shall consider uses of the information by the department of
29 education, other state departments, the public, and the
30 leaislature. The department may contract with an independent
31 consultant to design an informa:ion management policy.
32 The state complement for the administrative support section
33 is increased by 2.5 includinq 0.5 for affizmative action and 2.0
� 3G for �ublications.
35 The state complement of the Minnesota academic excellence
36 " foundation i.s inc:eased by 0.5.
206
05/22/89 (REV�SOF. J RJS/RD CCRHF0654
� 1 5168,000 each year is for the state boa:d of educa�ior..
2 The state com�lement for the state boa:d is inc:eased by 1.0.
3 5179,700 in fiscal Year 1990 and 5179,700 in fiscal year
4 1991 are'for ex�enses incurred foz litigation of a challenge to
5 the constitutiona:it of the educatien financina s stem. An �
6 unencumbered balances must not be tzansferred to �ther proo-ams.
7 Sec. 10. (FARIBAULT ACADEMIES APPROPRIATION. J
8 The sums indicated in this section are appropriated to the
9 department of education foz the Fazibault Academies:
10 57,139,000 1990
11 57,139,000 1991
12 5115�000 each vear is for an extende� year program.
13 516,000 each vear is for the zesource center.
14 Any unexpended balance in the first year does not cancel
15 and is available foz the second year.
16 The appzoved complement is:
17 1990 1991
� 16 General fund 185.6 165.6 li
19 Federal 8.0 8.0
20 Total 193.6 193.6
21 The state board of education, with the approval of the
22 commissionez of finance, may tzansfer complement among funds if
23 necessary The state board must report material changes to the
24 house education finance division and the senate education
25 funding divisicn.
26 Sec. 11. MINNESOTA CENTER
27 FOR ARTS EDOCATION
28 Total Appropriations S 5,800,000 $ 6.200,000
29 Approvecl Complement — 1990 1991
30 General Fun� — 39.0 49.0
31 Total — 39.0 49.0
32 The state complement foz the Minnesota center foz arts
33 education is increased bv 18.0 for the first year and 28.0 the
� 34 second year.
35 Anv unexpended balance from the appropriation in this
36 section in 1990 does not cancel but is available in 1991.
207
STAFF REPORT: .
ISSUES AND RECOMMENDATIONS
� RELATING TO THE REGULATION
OF MINOR SUBDIVISIONS
IN GOLDEN VALLEY
Concerns have surfaced recently regarding certain types of lot splits in Golden
Valley. In response, the City Council has directed the Planning Commission to
review the City's subdivision ordinance and determine whether some changes
should be made. Particular attention is to be paid to the practice of split-
ting off back lots with minimal street access, and to the impact of lot splits
on the character of large lot neighborhoods.
. This staff report was assembled to assist the Planning Commission in its
review. The contents are based on my own experience, discussions with other
staff inembers, and reference research. Because of the time frame involved, I
did not conduct a specific ordinance survey among our neighboring communities,
but I did consult various model and actual ordinances that were available at
the office or in my own files.
General Ordinance Evaluation
I began my research with a look at the ordinance itself. Since most of our
experience, and the source of our concern, lies in individual lot splits, I
focused my attention on Section 12.52, Minor Subdivisions. The text of this
section is provided in Appendix A, along with my annotations. The following
� paragraphs summarize what I found. Please note that City ordinances and State
statutes are legal instruments on which I am qualified to comment only from a
planner's perspective. I may contradict attorneys from time to time, but I
don't pretend to be one.
The minor subdivision regulations come under immediate fire with some inappro-
priate language in the introductory paragraph. There are incorrect references
to State statues, and a described procedure that the City has never used. The
language has been left in the ordinance because the attorney put it there and
no one else could figure out what it meant. By referring back to existing and
earlier versions of State statutes, I think I have untangled the meaning of the
language. In my opinion, it should be deleted.
A further effect of this introductory paragraph is to completely remove minor
subdivisions from the regulations spelled out in the rest of the ordinance.
With ttre ex��ptian af the provisions contained right in Sec. 12.52, the ordin-
ance states that "this st�bdivisi�a� chapter shall not apply° to minor subdivi-
sions. There is absolutely nothing wrong with this, except that no one until
now seemed to realize the full impact. Conditions such as the minimum require-
ment of 20 feet fronting on an improved street, the park dedication fee, and
the requirement of a drainage plan for wet lots are onYy some of the provisions
that are lost to minor subdivisions because of this statement. We need to
restore these and other key provisions within this section.
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� The components of the City's minor subdivision review, which form the basis for
approval 'or denial of any application, are glossed over in a single sentence.
This vioT,ates the rule of practice that says that, for this type of land use
decision,', an applicant must be able to read the appropriate regulations and
determine, the reasonable likelihood of getting an approval . It also falls
short of 'fulfilling the statutory directive to establish "standards, require-
ments, and procedures for the review and approval or disapproval of subdivi-
sions" (MS 462.358, Subd. la). My studies back in school indicated that the
courts ha've consistently thrown out decisions based on such vague provisions as
we have inn our �rdinarace. More specificity is clearly called for.
While it isn't a major problem, there are some presentation details that could
be improv'ed upon if the ordinance is going to undergo other amendments. These
include t'he order in which the various provisions appear as well as their
format and content. Ordinances should be as readable for average citizens as
for the prrof�ssionals wh� draft them.
Back Lot ',Spl its
Golden Va'Jley has a policy of allowing property owners to split off the back
portions 'of oversized lots as long as a street access corridor of at least 20
feet in width is also included as part of the new lot. The City has a consid-
erable stock of deep lots that were platted to meet the former minimum lot
requirement of l00 feet, and quite a few of these are candidates for minor
subdivisi',on with the current minimum of 80 feet plus 20 feet to access the back
� half. More and more people have indicated that they are considering taking
advantage, of this, while at the same time, more and more questions have come up
regarding' the wisdom of allowing the practice to continue.
Actually, there is nothing in Sec. 12.52 to support the 20 foot street access
practice.' It is spelled out in the regular subdivision standards, but as
previously noted the language of the ordinance exempts minor subdivisions from
the other subdivision requirements. Minor subdivisions must only conform to
requireme'nts spelled out in the Zoning Ordinance. I have been enforcing 'the 20
foot prodision on the grour�ds that the Zoning Ordinance definition of a lot
says that it must have an unquantified amount of frontage on a public street
and the C�ty has �� past action established that 20 feet is the minimum accept-
able wi�th. If the practice is to be continued, we really need to formaliie it
within Sec. 12.52.
There has been some staff concern about whether 20 feet is indeed adequate for
the desig'n and construction of a proper access drive. The driving surface
itself must be at least wide enough for a single car, and should be wide enough
for vehiCles such as moving vans or fire trucks. Engineering staff say that 14
feet is a' star���rd rule of thumb, but they have allowed as little as nine feet
for driveway �idth. Then, for any street with curb and gutter, City specifica-
tions dictate an additional five foot turning radius on either side for a total
of 19 to '24 feet.
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� This width is based on residential use of the property, though minor subdivi-
sions could occur on commercial or industrial property as well . Also, some
driveways may require ditching or banking for adequate drainage, which would
add to the width required. Depending on the type of pipe used, there can be a
10 foot separation requirement between the sewer and water lines that run under
the driveway, which would put them within five feet of the property lines in a
20 foot wide corridor. Finally, many existing driveways are so far to the side
of the lot that splitting off 20 feet for a rear access driveway would result
in very little driveway separation between the two lots. If we decide that the
practice of rear lot splits should be retained, the City should take a hard
look at whether 20 feet provides an adequate access corridor.
There is also nothing in the ordinance right now that clarifies the purpose of
the 20 feet of frontage, though we routinely tell people that the purpose is to
provide access directly onto a public street without the need for easements
across other property. This is an excellent reason for requiring street
frontage; the City should not be in a position of advocating access by ease-
ment, even indirectly. Ag�ir� assuming that the practice is to be retained,
this too should be formalized within the ordinance to ensure that it continues
to be properly understood and properly applied.
The preceding paragraphs have looked at the practice of back lot splitting in
terms of whether the existing ordinance provisions are adequate regulators of
it. That still leaves the question of whether the practice ought to be retained
at all . The following paragraphs lay out the relative benefits and liabilities
� of this practice.
Looking first at the benefits, there are many people who appreciate the divers-
ity in lot patterns and the opportunities for secluded little hideaways that
this type of lot split provides. Also, the 20 foot frontage minimum allows for
the splitting of many deep lots that have sufficient square footage but cannot
meet the full frontage requirements for two lots. This accomplishes several
things. It helps to meet the continuing demand for buildable residential
property in Golden Valley, and makes oversized back yards available for produc-
tive use. It reduces the costs of residential property by breaking it into
sma]ler parcels, which are also easier to maintain because of their size. It
provides �dditi���� tax iea�e, but this benefit bears a hidden pitfall because
studies across the country have sh�wn time and time again that residential
development hardly ever pays its own rvay i�a t��c�s� and most lot splits in
Golden Ualley are on residential ��o�er�;y. It gefis more use out of the City's
existing infrastructure syst�ms, but this also holds a hidden pitfall because
of the poter�tiai �r�r averl oadi ng the systems.
On the liability side, splitting off back lots is viewed by many as a disrup-
tion of the orderly pattern of community development. It creates problems with
, the interpretation and application of the City's setback requirements. It
leads to hard feelings over special assessments levied on the basis of street
frontage, in these cases not at all representative of true property dimensions.
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� The longer - and frequently narrow - driveways can be difficult for large
emergency vehicles to negotiate, and the secluded homes are not as visible to
police patrols. It is not always possible to maintain adequate spacing between
driveways. The minimal nature of the frontage requirement appears to be
encouraging an unforeseen wave of lot splits by people who are buying the
City's deep lots for the express purpose of financial gain. Finally, though
neighbors tend to oppose any lot split, this type appears to generate partic-
ular hostility because it infringes directly on the privacy of existing back
yards.
I agree with most of the benefits to be gained from lot splits in general .
However, I think that the potential liabilities of back lot splits outweigh the
current benefits. There are many parcels of land in Golden Valley that can be
split and still provide full frontage on the resulting lots. I don't see
suffici�n� need right now for encouraging lot splits that require special
exceptions regarding frontage, or any City standard, unless the property owner
can meet the hardship criteria for granting a variance.
Other than neighborhood sentiment, Golden Valley has not had much experience
with the liabilities of back lot splits at this time, but we don't really have
that many back lots yet, either. Considering the large stock of property
eligible for this practice, and the number of people seeking information about
it, I think the situation could be quite different in five or ten years.
Therefore, I advocate caution. If we discontinue the practice for now, it
would be simple enough to reevaluate it at a future date, in view of the City's
� changing needs or circumstances, and perhaps reinstate it in the ordinance. On
the other hand, if we allow the practice to continue and the potential liabil-
ities materialize into actual problems, it will be a little late for corrective
action.
Large Lot Neighborhoods
Looking back through the City's old Zoning Ordinances, residential lot require-
ments have remained pretty consistent at either 100 feet of frontage/12,500
square feet of area or 80 feet of frontage/10,000 square feet of area. Despite
this fact, Golden Valley has quite a wide range of lot sizes within its City
limits. They are not particularly stratified by location, either; throughout a
good portion of the City, lots of up to an acre in size lie in relatively close
proximity ta lats tha� barely meet the minimum standards. Some lots are larger
than an acre, while others arer�'t even big enough to meet minimum standards.
There are, however, some small but distinct areas of the City where a majority
of the lots are significantly above the required minimum size. The most
obvious of these, and the one that has brought to a head the controversy over
preserving large lot neighborhoods, is the Tralee Additian south of the former
Golden Valley Lutheran Bib1e Institute. The anger and resentment generated
among the residents of this neighborhood is, in a sense, one of the impacts of
our minor subdivision regulations.
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� Golden Valley's subdivision ordinance has no provisions for preserving large
lot neighborhoods. The only really enforceable provisions at this time are the
minimum lot requirements of 80 feet of frontage and 10,000 square feet of area.
Even those provisions have been modified by the practice of allowing back lot
splits with minimal street frontage. There are no provisions for ensuring that
split lots will be reasonably buildable from an environmental standpoint. Each
of these factors has a negative impact on large lot neighborhoods.
The main impact of the minimum lot requirements appears to be financial .
According to our City Assessor, there is some truth in the claim that splitting
lots into smaller sizes will reduce the property values of adjacent lots.
Increasing the development density of an area decreases its exclusivity. One
or two lot splits in an area will not make a significant impact, but if a trend
begins to take hold then it will inevitably result in a change away from the
exclusive character of the area. Less exclusivity translates to less value.
This of course is a pretty broad simpli�ication. Lot size is not the only
indicator of exclusivity or of overall value. There is also the side issue of
how much responsibility a city should take for protecting property value above
and beyond established city-wide standards for sound and attractive develop-
ment. Nevertheless, as their use continues, the long term impact of Golden
Valley's existing minor subdivision regulations will be to make the City's
large lot neighborhoods more like its "average° neighborhoods, thus reducing
their exclusive character as well as that portion of property values that is
based on their exclusive character.
� This process may also have a spillover impact on Golden Valley as a whole.
There is no doubt that providing a diversity of neighborhood types helps to
promote the broad appeal of a community. Maintaining the character and value
of neighborhoods helps to protect the community tax base. If it goes far
enough, then, the breaking up of properties in large lot neighborhoods could
damage the City's assets. Once again I am simplifying the issue, but the
concept of property value is really very difficult to discuss without going
into a detailed analysis of a specific situation.
The potential liabilities of back lot splits were listed earlier. It was also
indicated that because of the changes in the City's minimum lot size require-
ments there are quite a few lots that qualify for back lot splits. Many of
these occur in neighborhood groupings that don't really stand out on a map
without close examination, so Mark and I didn't really deal with them when we
tried to identify large lot neighborhoods. Without measuring on a lot by lot
basis, we can't be sure how many of these neighborhoods exist, but it seems
obvious that any liabilities the City might suffer from back lot splits will be
magnified in neighborhoods where several lots are eligible to be split in that
way.
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� The impact of on-site environmental conditions .is felt in development cost and
quality. Many of Golden Valley's large lot neighborhoods are in areas with
steep slopes or problems with wetness. The latter item was of particular
concern in the Tralee Addition case. No lot is undevelopable if the proper
engineering techniques are applied, and to some extent this is controlled at
the building permit stage, but if the proper techniques turn out to be prohib-
itively costly, that stage is a bit late to be finding out. An oversized lot
with a large yard - even in a "natural " state - is more of an asset to the
neighborhood than a smaller untended vacant lot or a poorly developed one.
Again, this is magnified in neighborhoods where several lots might meet the
same fate.
If the City decides to take the stand that it does have a responsibility to try
and mitigate some of the impacts of minor subdivisions on large lot neighbor-
hoods, there are several options available. Some are more obvious than others.
Some are more realistic than others. Some have effects that extend to lot
splits in general rather than just in large lot neighborhoods: All are outlined
in the following paragraphs.
The most obvious option is the already-discussed elimination of back lot splits.
Not only is this a good idea for improving the quality of lot splits in general ,
but it also offers automatic protection to any neighborhood where the lot size
is based more on depth than on width. It has no effect at all , however, in
neighborhoods where lots are wide enough to provide full frontage after being
split.
� Another o tion is to re uire u -front en ineerin studies before rantin
P 9 P 9 9 9 9
subdivision approval for any lots where drainage or slopes might cause develop-
ment problems. The regular subdivision provisions already include a drainage
plan requirement, so it wouldn't be a major departure from policy to add a
similar provision to the minor subdivision regulations. I think it would be to
our benefit if we could evaluate drainage and slope problems as part of the lot
splitting process, and the added responsibility on the applicant might discour-
age some of those who are merely looking to make a quick financial gain by
selling off a split lot. Like the first option, this will raise the quality of
all lot splits.
Golden Valley could also increase its minimum 1ot requirements again. This
would have the effect of increasing the threshold size required in order to
qualify for splitting. Naturally the result would be fewer splits. This,
however, flies in the face of the Metro Council 's guidelines for affordable
housing standaa�ds, the City's own commitment to increase the availability and
affordabiiity of its housing, and the axiom that increasing urbanization
ultimately demaa�ds increas�ng density of use. In addition, it fails to dis-
tingui�h be+w�+�n � �i�gle oversized lot surrounded by lots at or near the
standard size, and a whole group of oversized lots that establishes a low
density character for an area. i think that, throughout much of Golden Ualley,
the established minimum lot size is suitable. Therefore, I feel that this
option creates more problems than it solves.
�
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� It is perhaps not fair to say that neighborhood hostility is caused by the
existing ordinance since it is virtually impossible to establish regulations
that govern people's actions without making some of them unhappy. I do think,
though, that we make matters worse by not having an ordinance that clearly
spells out what we will and won't allow, and why. We also need to ensure that
staff, Planning Commissioners, and Council Members are well versed in the
ordinance and supportive of it and its rationale. It might not hurt to have a
occasional column in the City newsletter that takes time to explain various
provisions of the ordinance - or of any City ordinance - to people when they
are not in an obviously adversarial mood. All of these are options with
benefits that go beyond large lot neighborhoods.
Yet another way to regulate residential lot splits is to ban them. Of course a
complete ban is out of the question, for practical if not for legal reasons. A
modified ban could be enacted, though, whereby neighboring property owners
could vote to lift the ban with regard to any specific property. Believe it or
not, this type of setup has actually withstood court scrutiny in at least one
case, though that involved setback rather than subdivision regulations. The
court determined that there was no improper delegation of power because the
property owners did not enact the ban, they could only relieve their neighbor
from the burden of the city-enacted ban. I would never seriously recommend a
practice of this sort, because I consider it shockingly bad practice, but it
certainly would give the neighbors the sort of input they desire. More seri-
ously, it serves to illustrate the extent to which communities can go in trying
to resolve issues such as those before us in this study.
� An option that comes closer to the specific objective of preserving large lot
neighborhoods is the creation of an additional zoning district. The Zoning
Ordinance is the standard source for establishing lot sizes. The problem in
Golden Valley is that the pattern of existing lot sizes does not lend itself to
the reasonable deTineation of a low density zoning district. Just establishing
the basic requirements for the new district would be a controversial under-
taking, because we have more of a continuum of sizes rather than easily separ-
able groupings. District boundaries would look pretty irrational in many
areas, and aur best efforts would still result in a large number of newly
nonconforming lots; even in the earlier mentioned Tralee Addition there are
lots that are not much larger than the currently established minimum size.
Assuming we could manage to put the district in place, I would expect to face a
literally endless series of rezoning requests. Instead of solving the problem
of preserving large lot neighborhoods, I think we would only transform it from
a subdivision issue to a zoning issue, and we would create other problems along
the way. It is not impossible to create a new residential zoning district in
Golden Valley, but I don't recommend it as a good solution to any existing
problem.
I said above that the Zoning Ordinance is the standard source for establishing
lot sizes. There is no law, though, that says it must be the onTy source.
Minnesota Statutes 462.358, reproduced in Appendix B, specify that a
�
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� subdivision ordinance must be in conformance with the Zoning Ordinance, but it
still may address lot size as well as many other items. In my opinion, estab-
lishing a minimum lot size in a zoning ordinance does not necessarily grant
every property owner the right to reduce all lots to that minimum size; it
establishes only that under no circumstances may lots be reduced below that
minimum size. I think that it would be perfectly legal to identify, in the
subdivision ordinance, certain circumstances in which lot sizes must remain
larger than the established minimum. I offer this as a final option for
directly preserving large lot neighborhoods. In the period of time allowed for
this study, I have seen no existing examples of this option, but I can't see
a�ything to prevent it, either. My planner's analysis of the legal require-
ments is outlined in the next paragraphs.
In granting cit�es the authority to regulate subdivisions, the statutes relate
this activity to the protection of the public health, safety, and welfare. I
believe we can show that preserving large lot neighborhoods serves the general
we�fare. By statute, our regulations can contain different provisions for
different types or classes of subdivisions as long as they are applied con-
sistently within each class. I believe that this can be accomplished as well .
We would greatly strengthen our position by amending our comprehensive plan to
include the preservation of large lot neighborhoods as a clear housing goal ,
but I 'm not sure that this would be entirely necessary; statutes specifically
allow the prohibition of certain types of subdivisions "in areas where prohi-
bition is consistent with the comprehensive plan" (MS 462.358, Subd. 2a) , but
� general consistency with the comprehensive plan is optional rather than
mandatory. Finally, of course, the subdivision provisions would have to be so
written as to constitute standards, requirements, and procedures that an
applicant could read and use to determine the reasonable likelihood of gaining
approval for a subdivision request. I think that this, too, can be accomp-
lished.
As I indicated before, I am not an attorney, We would have to get a real legal
opinion before we could go ahead and implement the type of subdivision provisions
that I have just discussed. I believe, however, that this offers the best option
if Golden Valley decides to adopt a stand in favor of protecting against the
impacts of minor subdivisions on large lot neighborhoods, It would allow us to
directly ad�ress the issue of large lot neighborhoods, as the Zoning Ordinance
does, but unlike the Zoning Ordinance it would not require us to operate by
district, and we wouldn't have to worry about nonconforming lots or rezonings.
Summary of Recommendations
Throughout this report, I have made quite a few suggestions for ways in which
the minor subdivision regulations of Golden Valley could be improved. From my
staff perspective, some of these suggestions make more sense than others. In
closing, I present a list of my recommendations for key improvements to the
existing ordinance.
�
_ g _
� 1. The organization and formatting of the text could be improved to make
it more readable.
2. Certain provisions should be added or deleted as necessary so that all
of the things we mean to require are spelled out right within the
minor subdivision section and all of the currently incorrect material
is removed.
3. All provisions should be written so as to constitute standards,
requirements, or procedures that are understandable and unambiguous.
4. The practice of splitting off back lots should be discontinued for
now, and the ordinance should clearly state that full frontage is
required for all lots. If the Planning Commission or City Council
finds this recommendation too extreme, the alternative would be to
first determine whether 20 feet is in fact an acceptable minimum for
street frontage, and then have an appropriate provision incorporated
within the minor subdivision section along with the reason for it.
5. Engineering studies could be required for any lot where wetness or
steep slopes might constitute a significant development constraint.
6. Large lot neighborhoods should be defined and protected from lot
splits that would be uncharacteristic of the area. If the City
Attorney determines that this cannot legally be done with the
� subdivision ordinance, there is no good alternative solution. If
forced to choose between increasing minimum lot size and establishing
a new zoning district, the former is preferred as being easier to
defend and easier to implement.
I have also prepared a sample set of minor subdivision regulations to illus-
trate how these improvements might look. Although I have tried to make them
precise and comprehensive, I don't necessarily consider them ready for adoption
without further refinement. They are presented in Appendix C.
�
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SEC. 12.50 MINOR SUBDIVISIONS AND CONSOLIDATIONS
� Subd
. l. Eligibility for Application
Certain proposed land subdivisions and consolidations may qualify for
application under this section. For such applications, the standards, require-
ments, and procedures cited herein shall supersede their counterparts which
appear elsewhere in this ordinance, Each of the following conditions must be
met to confirm eligibility:
A. The land to be subdivided or consolidated must be part of a
recorded plat or a recorded Registered Land Survey (RLS) .
B. Consolidations may involve any number of parcels, but sub-
divisions shall be limited to the creation of four or fewer
lots from a single original parcel.
C. The subdivision or consolidation shall not necessitate any
additional public investment in roads or utilities to serve
the lots.
Subd. 2. Components of Application
Application for a minor subdivision or consolidation shall be made on
forms furnished by the City. A filing fee set by Council resolution shall
� accompany the application. The applicant sha11 also furnish fifteen (15)
copies of a sketch showing the following:
A. North arrow and scal,e (no smaller than 1" = 100') .
B. Overall dimensions of the property and of each internal
property division.
C. Square footage of the overall property and of each subarea.
D. Location of all public utilities, streets, driveways, and
easements, adjacent to or on the property.
E. Location and dimensions of any existing buildings, and dis-
tances to nearest existing or proposed lot lines on all sides.
F. Any other information specific to the particular site and
required for the complete evaluation of the application.
Subd. 3. Conditions for Approval or Denial
A. Minor subdivisions or consolidations shall be denied if the proposed
lots fail to meet all of the requirements of the zoning district in which they
are located. Furthermore, the front of each lot shall abut entirely on an
improved public street, and the minimum front setback line shall be established
� 35 feet distant from the street right-of-way line. Lots without full street
frontage shall not be approved.
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B. Minor subdivisions may be denied upon the determination that the
� buildable portion of a resulting new lot is encumbered by steep slopes or
excessive wetness. Alternatively, approval of the minor s.ubdivision may be
conditioned on the applicant's submittal of a certified engineer's study
showing how the lot(s) may be so reconditioned as to allow development without
adversely affecting adjacent sites.
C. Minor subdivisions may be denied if sewer and water connections are
not directly accessible by each proposed lot. Alternatively, approval of the
minor subdivision may be conditioned on the applicant's obtaining the necessary
easements across adjacent properties to the nearest reasonable point of sewer
and water connection.
D. Approval of minor subdivisions may be conditioned on the applicant's
granting of easements for necessary public purposes, or on payment of a park
dedication fee, or both.
E. Minor subdivisions of nonresidential parcels may be denied upon the
determination that new development on the resulting lot(s) will cause undue
strain on adjacent roads or on public utilities, or will adversely affect
adjacent residential, institutional, or public land uses. Alternatively,
approval of the minor subdivision may be conditioned on the applicant's agree-
ing to take specific action to mitigate the strain or adverse affect.
F. Minor subdivisions of residential parcels shall be denied where the
result would be detrimental to the character or value of an established resi-
� dential neighborhood. Such a determination may be made upon the confirmation
of the following three conditions:
l. The parcel proposed for subdivision lies within or is
contiguous to a residential addition or grouping of lots of
integrated design and containing at least twelve (12) lats;
and
2. The majority of the lots within the residential addition or
grouping are of a similar size or configuration; and
3. The size or configuration of the lots resulting from the
proposed minor subdivision would be inconsistent with that of
the lots within the residential addition or grouping.
G, The conditions spelled out in this subdivision shall provide the only
basis for denial of a minor subdivision or consolidation. Approval will be
granted to any application that does not trigger a denial based on one or more
of the established conditions. Additionally, an applicant may request a waiver
from specific conditions imposed in this subdivision by applying for a variance
in accordance with Sec. 12.54.
�
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Subd. 4. Application Review Process
� A. The completed application shall be received by the staff of the
Planning Department. An informal public hearing by the Planning Commission
shall be scheduled to take place within thirty (30) days of application re-
ceipt. The Planning Commission shall consider the conditions established in
Subd. 3 and shall make a recommendation to the City Council on whether to
approve or deny the proposed minor subdivision or consolidation.
B. After review and recommendation by the Planning Commission, the
application shall be formally heard by the City Council. The Council shall
approve €sr deny the proposed minor subdivision or consolidation within sixty
(60) days after re�eiving the Planning Commission's recommendation.
C. If Council approval is granted, the applicant shall have a final plat
prepared in accordance with Sec. 12.41. Staff shall ensure that the plat is
properly executed and is in conformance with the sketch approved by the Council.
Two hard shell copies of the plat shall be furnished by the applicant for
signing. Except as otherwise authorized by the Council, all conditions placed
on the approval shall be fulfilled by this time. When these requirements have
been met, the Council shall pass a resolution approving the minor subdivision
or cansolidation.
D. A certified copy of the resolution approving the final plat shall be
recorded with Hennepin County in the company of one of the hard shell copies of
the plat. This must be done by the applicant within sixty (60) days of the
� approval of the resolution, or the minor subdivision or consolidation shall be
deemed invalid unless an extension is approved by the Council.
Subd. 5. Minor Subdivision for pouble Bungalow
A. If the conditions for Subd. I. above are met, then a lot occupied or
proposed to be occupied by a double bungalow may be split along the party line
to provide individual ownership of each unit. The components of application
shall be as speeified in Subd. 2. above. The application review process shall
be as outlined in Subd. 4. above, except that the conditions for approval shall
be take� �rom Paragraph B of this subdivision.
B. All of the following conditions shall be met before a minor subdivi-
sion for double bungalow shall be approved:
1. The two newly created lots shall each be exempt from the
minimum lot size requirement found in the Residential Zoning
District provisions of the zoning ordinance, but a minimum
combined area of 12,000 square feet of lot size shall be
required for each double bungalow.
2. The property and structure must be able to be split into two
(2) substantially equal sections.
�
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3. The structure must meet current BuiZding Gode standards for
fire wall separation, which may be created by new construction
� or an addition to existing construction.
4. Separate utility services must be provided.
5. The owner of the property to be subdivided shall execute and
record at owner's expense a "Declaration of Covenants, Restric-
tions and Conditions". Said document shall be used to protect
the rights of the individual owners sharing the single
structure as to maintenance and repair and reconstruction in
case of damage to the original structure. Specifically, it
shall provide protection to the property owners and the City
on the following:
a. Building and use restriction.
b. Party walls and other necessary common easements,
including utilities and access.
c. Disputes between owners shall be submitted to binding
arbitration.
6. The City shall be a beneficiary to these "Declarations of
Covenants, Restrictions and Conditions". They shall be
submitted for review by the Planning Commission and the
Council at the time the proposed subdivision is reviewed. The
� City Attorney shall also review the "Declarations of Covenants,
Restrictions and Conditions". Changes to the document shall
be made if so recommended by the City Attorney. The cost of
such review shall be paid by the subdivider.
7. No building permit shall be issued on any of the property
until proof of recording the "Declarations of Covenants,
Restrictions and Conditions" has been submitted to the City.
$. Any other conditions shall be imposed that the City deems
necessary to assure compatibility with surr_ounding structures
or to assure a reasonable division of property.
Sec. 12.51 Copies of Final Plats
Sec. 12.52 Building Permits
Sec. 12.53 Conveyances by Metes and Bounds
� Sec. I2.54 Variances
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