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01-28-85 PC Agenda � � �- GOLDEN VALLEY PLANNING COMMISSION �" (Civic Center, 7800 Golden Valley Road) . January 28, 1985 ! 7:00 P.M. AGENDA I . APPROVAL OF MINUTES - JANUARY 14, 1985 II . SET DATE FOR INFORMAL PUBLIC HEARING - REZONING APPLICANT: Foxboro Corporation � LOCATION: 1245, 1315, 1335 and 1411 North Lilac Drive : I i , REQUEST: Approval of Rezoning from Residential to Business and Professional Offices Zoning District ' III . INFORMAL PUBLIC HEARING - REZONING APPLICANT: General Mills, Inc. LOCATION: 8800 and 9300 Betty Crocker Drive - , • REQUEST: Approval of Rezoning from Open Development to , Business and Professional. Offices Zoning District IV. DISCUSSION OF PROPOSED AMENDMENTS TO ZONING ORDINANCE RELATED TO RESIDENTIAL FACILITIES ' V. REPORT ON CITY COUNCIL MEETING - JANUI�RY 15, 1985 ' • � v ' MINUTES OF THE GOLDEN VALLEY • PLANNING COMMISSION January 14, 1985 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, MN. Acting Chairman Prazak called the meeting to order at 7:00 P.M. Those present were Commissioners Kapsner, Leppik, McAleese, McCracken-Hunt, Prazak, Russell and Schmidt. Also present were Mark Grimes, Director of Planning and Development, Alda Peikert, City Planner, and Gloria Anderson, Planning Secretary. I . APPROVAL OF MINUTES - DECEMBER 10, 1984 It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Russell e and carried unanimously to approve the minutes of the December 10, 1984 Planning Commission meeting as recorded. II . SET DATE FOR INFORMAL PUBLIC HEARING APPLICANT: General Mills, Inc. LOCATION: 8800 and 9300 Betty Crocker Drive • REQUEST: Approval of Rezoning from Open Development to Business and Professional Offices Acting Chairman Prazak introduced this agenda item and noted the January 28, 1985 informal public hearing date recommended by staff. It was moved by Commissioner Leppik, seconded by Commissioner Schmidt and carried unanimously to set an informal public hearing date of January 28, 1985 for consideration of the request received from General Mills, Inc. for rezoning of the property at 8800 and 9300 Betty Crocker Drive from the Open Development to the Business and Professional Offices Zoning District. III. INFORMAL PUBLIC HEARING - PUD AMENDMENT PRELIMINARY DESIGN PLAN APPLICANT: Charles S. McCrossan LOCATION: 812 Lilac Drive North REQUEST: Approval of Preliminary Design Plan for Amendment to PUD #42, North Lilac Drive Addition Acting Chairman Prazak introduced this agenda item and asked staff to review the proposal . City Planner Alda Peikert reviewed the requested PUD amendment and staff recommendation. • . ' Planning Commission Minutes January 14, 1985 Page 2 • Acting Chairman Prazak recognized Mr. Roger Ulstad, 309 Meander Road, Golden Valley, who intraduced himself as representative of the proponent. Mr. Ulstad stated that the proponent is in agreement with the conditions of approval recom- mended by staff with the exception of the requirement for a chain link security fence. Mr. Ulstad said that the proponent is opposed to installation of the fence for aesthetic reasons including the need for maintenance. Mr. Ulstad stated a preference for landscaping in place of the recommended fencing. Cor�nissioner Leppik questioned whether it is appropriate for the City to require fencing for the protection of personal property. Ms. Peikert explained that PUD proposals are reviewed by the City Public Safety Department and that recortunnended crime prevention measures incorporated into PUD approvals may include security fencing, security lighting, and avoidance of landscaping which would block visi- bility of windows and other access points from patrols. Commissioner Russell questioned whether the fencing recommendation was the result of police problems generated by the previous motel use. Ms. Peikert replied that the plans reviewed by the Public Safety Department were for the proposed office condominium use of the property. Commissioner Leppik asked whether the reason for objection to installation of the recommended security fence is entirely monetary. Mr. Ulstad noted steep slopes at the north property line next to the railroad line and at the east pro- perty line next to the apartment complex and stated that the proponent does not believe the recommended fence would provide additional p�otection from van- • dalism. Mr. Ulstad stated that the proponent would prefer to install additional landscaping and that the fence would not be more costly than landscapiny. Commissioner Schmidt asked whether protection of any public property is involved. Director of Planning and Development Mark Grimes stated that the only public property involved would be the regional trail property if acquired by the City and that it would be in public use at such time as the trail is completed. Commissioner Russell asked whether the fence could be required at a later time if found to be necessary. Ms. Peikert explained that the City would have no authority to require installation of the security fence after the PUD is approved. Mr. Ulstad expressed willingness on the part of the proponent to arrange for future installation if required. Commissioner Schmidt suggested action on the two recommended conditions of approval acceptable to the proponent and deferral of action on the fencing question to allow for consultation with the Public Safety Department. Ms. Peikert informed Commissioners that the proponent requested an early hearing date before the City Council in order to expedite the approval process. Mr. Ulstad confirmed that the proponent would have a problem with deferral of action which would delay approval . � , ' Planning Commission Minutes January 14, 1985 � Page 3 � Acting Chairman Prazak opened the informal public hearing for public input. There was no one present who wished to speak on this item, and 14ctiny Chairman Prazak closed the informal public hearing. Commissioner Leppik stated that considering the fact that the property involved is private property, it is her inclination to eliminate the requirement for a security fence. Acting Chairman Prazak expressed agreement, stating that if necessary for pro- tection of private property, the proponent would probably choose to install fencing on his own. It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Russell and carried unanimously to recommend that the City Council approve the amendment to PUD #42, North Lilac Drive Addition, requested by Mr. Charles McCrossan, to exclude from the previously approved PUD a former railroad parcel purchased for regional trail dedication purposes and to eliminate the previously approved PUD requirement for installation of a security fence, subject to addition of the following conditions of approval : l . A twelve foot strip of property along the northerly perimeter of the property shall be platted as an outlot and dedicated by separate instrument as an easement for open space purposes. 2. A fee of $30,000 shall be paid to the City of Golden Valley prior • to approval of the Final Plat and shall be designated for purposes of regional trail acquisition. The City of Golden Valley may use the funds for acquisition of any segment of regional trail within the City of Golden Valley at any future date. If the funds are not required for regional trail acquisition within fifteen years from the date of approval of the Final Plat, the City of Golden Valley may use the funds for general open space use. IV. INFORMAL PUBLIC HEARING - PUD PRELIMINARY DESIGN PLAN APPLICANT: City of Golden Valley LOCATION: 7500 Olson Memorial Highway REQUEST: Approval of Preliminary Design Plan for PUD #47, Valley Square Plaza Acting Chairman Prazak introduced this agenda item and asked staff to review the proposal . Director of Planning and Development Mark Grimes reviewed the PUD Preliminary Design Plan and the staff recommendation. Commissioner Russell expressed concern over traffic on Rhode Island Avenue North and stacking for the light at Highway 55. Mr. Grimes informed the Commission that Minnesota Department of Transportation (MnDOT) improvements on Highway 55 were planned with knowledge of the Valley Square Redevelopment Plan and that the � light at Rhode Island may be adjusted to accommodate additional traffic generated by the proposed office development. . Planning Commission Minutes January 14, 1985 Page 4 • Commissioner Prazak asked about accommodation of pedestrian traffic from the proposed office building across Rhode Island Avenue North to the cor�nercial area. Mr. Grimes pointed out that the Preliminary Design Plan includes sidewalk along Rhode Island Avenue North designed to carry pedestrian traffic either to the crossing at Highway 55 or to the intersection with Country Club Drive. Mr. Grimes stated that connecting pedestrian circulation links will be included when the area to the west of Rhode Island Avenue North is redeveloped. Commissioner McCracken-Hunt expressed concerns over reduced setback from Rhode Island Avenue North to parking, over increased traffic volume, and over limita- tion of access to Trevilla Nursing Home. Regarding the setback variance alony Rhode Island Avenue North, Commissioner McCracken-Hunt stated her concerns over potential loss of mature trees and over settiny of a precedent for the Valley Square Redevelopment Project. Mr. Grimes informed Commissioners that United Properties has expressed willingness to assist Trevilla Nursing Home in revising its parking lot arrangement to improve access and increase parking space. Concerniny the setback variance from Rhode Island Avenue North, Mr. Grimes pointed out that the site is a tight redevelopment site and that increased seback would result in loss of a row of parkiny. Acting Chairman Prazak recogni2ed Mr. Tom Bisanz, United Properties, who was present to represent the proponent and offered to answer questions. Acting Chairman Prazak asked whether there is adequate space for a berm in the reduced setback along Rhode Island Avenue North. Mr. Bisanz stated that there • would be as much of a berm as possible in a width of twenty feet. At a slope of four to one, Mr. Bisanz estimated that the berm would be two and a half to three feet in height. Mr. Bisanz stated that this would not constitute a significant berm but that it would serve as a landscaping berm. Acting Chairman Prazak opened the informal public hearing for public input. There was no one present who wished to speak on this item, and Acting Chairman Prazak closed the informal public hearing. Commissioner Russell stated her continuing concern for pedestrian circulation. Acting Chairman Prazak asked whether the proposal would be referred back to the Planniny Gommission in the event of substantial chanyes at the time of City Council review. Staff stated that previous Council procedure has been to refer a proposal back to the,Planning Commission in the case of substantial revision. Commissioner McCracken-Hunt asked the procedure for review of the landscaping plan. Staff explained that a complete landscapiny plan is required with the General Plan of Development reviewed by the City Council and that the Buildiny Board of Review also reviews landscaping prior to issuance of a building permit. It was moved by Commissioner Schmidt, seconded by Commissioner McAleese and carried unanimously to recommend City Council approval of the Preliminary Design Plan for PUD #47, Valley Square Plaza. • � ' Planning Commission Minutes January 14, 1985 � Page 5 � Commissioner Schmidt asked the project construction schedule. Mr. Bisanz replied that a mid-May 1985 construction start is planned. V. INFORMAL PUBLIC HEARING - PUD AMENDMENT PRELIMINARY DESIGN PLAN APPLICANT: Bor-Son Investment Properties Corporation LOCATION: 2345-2385 and 2412-2462 Mendelssohn Lane North REQUEST: Approval of Preliminary Design Plan for PUD #30-B, Medley Park Townhouses, Amendment #2 Acting Chairman Prazak introduced this agenda item and called on staff to review the proposal . City Planner Alda Peikert reviewed the staff report and recommen- dation. Acting Chairman Prazak recognized Mr. Don Jacobson, Bor-Son Construction Companies, who was present to represent the proponent. Mr. Jacobson presented the proposal and introduced Mr. Tim Trimble and Ms. Denise Davis, also available to answer questions. Acting Chairman Prazak opened the informal public hearing for public input. There was no one present who wished to speak on this item, and Acting Chairman Prazak closed the informal public hearing. � It was moved by Commissioner Russell and seconded by Commissioner McAleese to recommend City Council approval of the Preliminary Design Plan for PUD #30-B, Medley Park Townhouses, Amendment #2, which proposes reduction of the number of ownership units from 34 to 28 or 30 and the construction of an additional 14 to 19 garage stalls. Commissioner Leppik expressed total support of the proposed amendment with the exception of location of the proposed five stall garage structure directly in front of the view of two units in the newly proposed four unit building. Discussion of alternative garage structure locations followed. Mr. Jacobson stated that the garages are retained in the same location as on the originally approved plan in order to accommodate persons in completed buildi�gs already expecting the use of garages at that location. A vote was taken, and the motion carried unanimously. VI. REQUEST FOR WAIVER OF THE PLATTING ORDINANCE APPLICANT: John and Beatrice Schroth LOCATION: 843 Winnetka Avenue South REQUEST: Approval of Lot Division for Transfer of Portion of One Lot to Adjacent Lot . �� Planning Cor�nission Minutes January 14, 1985 , Page 6 . Acting Chairman Prazak introduced this agenda item and recognized the proponent, Ms. Beatrice Schroth. At the request of Acting Chairman Prazak, City Planner Alda Peikert reviewed the staff report and recommendation. It was moved by Commissioner McCracken-Hunt, seconded by Commissioner Leppik and carried unanimously to recommend City Council approval of a waiver of the Platting Ordinance to allow division of the property at 843 Winnetka Avenue South for transfer of ten feet to the property at 911 Winnetka Avenue South con- ditional upon combination of the ten foot strip with the lot at 911 Winnetka Avenue South. Commissioner McAleese expressed the opinion that opportunity should be provided for neighbors to speak in the case of a waiver of the Platting Ordinance, despite the fact that City Ordinance does not require a public hearing. Commissioner McAleese suggested that at least adjacent property owners receive notification of Planning Commission and City Council consideration of such requests. VII. REPORTS ON HRA MEETINGS - DECEMBER 11, 1984 AND JANUARY 8, 1985 Commissioner Russell provided a report on the December 11, 1984 meeting of the Housing and Redevelopment Authority (HRA) , and Planning and Development Director Mark Grimes provided a report on the January 8, 1985 HRA meeting. � VIII . REPORT ON BZA MEETING - DECEMBER 11, 1984 Acting Chairman Prazak provided a report on the December 11, 1984 meeting of the Board of Zoning Appeals (BZA) . IX. REPORTS ON CITY COUNCIL MEETINGS - DECEMBER 17, 1984 AND JANUARY 2, 1985 Commissioner Leppik provided a report on the December 17, 1984 City Council meeting, and City Planner Alda Peikert provided a report on the January 2, 1985 City Council meeting. X. ATTENDANCE AT ZONING INSTITUTE Planning Commissioners were invited to inform staff if interested in attending a seminar scheduled for January 22, 1985 on Zoning Authority, Responsibilities and Procedures. The meeting was adjourned at 8:40 P.M. Respectfully submitted, Gary Prazak, Acting Chairman Margaret Leppik, Secretary • 6 s • January 23, 1985 T0: Golden Valley Planning Commission FROM: Alda Peikert, City Planner SUBJECT: Set Date for Informal Public Hearing - Rezoning from Residential to Business and Profesional Offices Zoning District 1245, 1315, 1335 and 1411 North Lilac Drive The proponent, Foxboro Corporation, requests rezoning of four single family residences located at 1245, 1315, 1335 and 1411 North Lilac Drive from the Residential to the Business and Professional Offices Zoning District for redevelopment of the properties with a 36,700 square foot office cooperative building. The site consists of three large residen- tial lots and one small residential lot for a total site area of 3.21 acres located on the service road west of Highway 100 to the south of Golden Valley Road. � Staff suggests that the Planning Commission set �n informal public hearing ° date of February 11, 1985 for consideration of the rezoning request. Attachment: Site Location Map � �'r.� �• N [/diol °4�. � — o o � � "" - t� N W. School zs" " :M " � ' � •_ �y '. scso st cwrnx � �o � � i Q �� ... -263•• � -.. � ; .2 = '' tJ6$�1l55"f 389.94 � . .d3 '6, • �58 . 4�� S !'2�'SS'w n�, pj�RT OF LOT 10 .""n • � � �++ _ _ _ _ ___ ' . 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Grimes, Director of Planning and Development SUBJECT: Informal Public Hearing - Rezoning of General Mills Property Between Betty Crocker Drive and T.H. 55 from Open Development to the Business and Professional Offices Zoning District Introduction General Mills, Inc. (GMI) has requested the rezoning of the 47.9 acres of vacant land they own north of their corporate headquarters on Betty Crocker Drive. The request is to change the zoning from the Open Develop- ment District to the Business and Professional Offices District to allow the future construction of one large office building on the east or west half of the site. At the present time, GMI does not have a specific plan for a building on the 47.9 acres. They have had some sketches done showing the location of one large four and five story office building on the east or west half of the site. The current plan by GMI is for only one building north • of Betty Crocker Drive. They are proposing only one building because the portion that will not be built on would be used for storm water storage purposes. Analysis of Issue When considering this rezoning, the Planning Commission should consider a number of issues. Those issues I believe are most important are as follows: A. Comprehensive Plan Designation: The Golden Valley Land Use Plan designates this area for Business and Professional Offices. This is consistent with the requested rezoning. The Land Use Plan designation includes all the property north of Betty Crocker Drive, south of T.H. 55, east of County Road 18 and west of Boone Avenue. Therefore, the existing single family homes and condominium complex to the north are inconsistent with the Land Use Plan. However, these areas are zoned correctly for the existing residential uses. B. Compatibility With Surrounding Uses: The new zoning will allow the construction of a large office building. The sketches that are attached show the relationship of the development to the surrounding residences. It appears from the sketches that GMI would like to retain as much of the trees in the area as possible to maintain a buffer. � Golden Valley Planning Commission . January 22, 1985 • Page 2 • The GMI property is almost cut in half by the condominium property that runs south to Bassett Creek. The condominium property south of the southerly condominium building is used for open space and is not developed. GMI is planning only one building on the east or west end of the site. The west building site would leave a greater impact on the condominiums and less on the single family houses to the north. The east site would have the opposite impact. However, it appears that there is more than adequate area to provide a good distance between the office building and any of the residences. I am sure that the residents of the area like living next to the large open area. Any construction would be a change. However, office buildings are generally good neighbors. They �are well landscaped and designed. Activity and traffic is usually limited to normal working hours and on weekends they are vacant. Also, GMI has said they are limiting construction to only half the site and leaving 20 to 25 acres for a natural drainage area. C. Access to the Site: This issue would be discussed in greater detail if a specific plan were developed. It would appear that most of the traffic will access the site from Boone Avenue and County Road • 18. The future development of I-394 will provide improved access to the area from Boone Avenue and I-394. A concern of the Planning Department is access to the site from the frontage road along Highway 55. The staff believes that this access should not be used or used only as a secondary access as long as there are residences in the area. Also, additional traffic at the intersection of Boone Avenue, Highway 55 and the frontage road could not be handled without a great deal of confusion or road modification. It would appear that GMI is not looking at the frontage road as an access point by looking at the sketches. D. Site Drainage: The staff asked GMI to give us their ideas regarding the overall drainage of the area considering the construction of a large office building and parking lot. Their plan is to use either the west or east half of the site for a drainage area. The drainage area would take the water from the half of the site that was being built on and possibly take some drainage from the property south of Betty Crocker Drive in order to provide for more developable land in that area. The City Engineer has reviewed this drainage concept with GMI and it appears to be feasible because of the large area that is being left undeveloped. The drainage plan would be reviewed by staff in greater detail when a specific development plan is presented. • Golden Valley Planning Commission , January 22, 1985 Page 3 i E. Utility Line Relocation: At the present time, the City of Golden Valley has a water line that runs through the middle of the west half of the site. The line is located in the vacated portion of Flag Avenue. If the west half of the site is developed, GMI and the City will have to relocate this water line. The City Engineer does not anticipate this as a problem since the 'City has plans to relocate the line to the west -- closer to County Road 18. All City utilities are available to the site which includes City sewer and water. Recommendation The staff recommends approval of the rezoning from Open Develo.pment to Business and Professional Office. The rezoning is consistent with the Land Use Plan of Golden Valley. The proposed use of the land as a location for a large office building appears to be sound. There is adequate street capacity, utility capacity and area to provide for storm drainage. The area is also large enough to provide a good buffer between any proposed office building and the houses and condominiums to the north. . Atta�hments: l. GMI Building Sketches 2. Site Location Map 3. Portion of Zoning Map � 4. Land Use Plan • �- . . �u.; .. .: � 4 _ � ' 'I � � �jl`', __ �.��,:s. I � iL�� , .��.�-�- � -� . - - _ -�� ,�`��� �� �t � � =��- \ � \ ) � t'3 _ a �.\\ ,`� .J , � _ `'�� '� `� / � - --., \ , � _. - _ ,- = � � _ ,° �. "l , '� _ � ` e ' \ , I ��' - - - 1i t= � \ � � � .�°.- Q — 1 . _ , �� ; ' � • ? � 1 ' 3 t� � �'1 , ' � .� ` '`i, _ � : : : .: - � u�'e��1�' ��t � - ._ - " . , - ' ' � �.._ ���' - � �' � � �t � ,� �`'� , � .��-t.?��� +}1 • :_-�-� � �• — — s'L,s e��� 1` v ,�`C'- �L'����°�'�. � - . - . _�.� --. - _ ' - _'�', :��s�1 .��, t � • �. � ...�, e. ��� '� � / � �_.�1 �(�� `,�'���, � �t,� .'. .����I . � � � � � �. �j R � � , ` �r��l,,� � , . �_ �. � �, ; . 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S �' q'g�%{i9"ll��� h :, � � " ���� 'k��4' 'S d�a 4 7'd � .>!♦ [ �r.. .1Sd''h 'F.� �. s� +reve�?racv.. �� ��� � �stt�s�'�,�'�,,� �� s. .f�-�.,. . g�a�s;��a�.b#�"��'r.�y���a+�� ��k?� �'�� >��i �����3 4� a '"�e'��'.r.x a'�-.. �.. � � �a 4-s� . �`�" �'.,w;�s 'x 1 � .��w�., ��. h.� -.�.,�s�!t�' �aa�a�;��'� '�'�� w�.t.. �� . �:. �s y ;�g �-1'� a�� �.ttq�.: �5��„�"4 ��_ 2 a f. �9 � ..=�[.,.,ks�.,S^'��' �r afg� ,."...,` �., � }v !� , � £2'"�t�.�� � `�' � a � � - - . � - . � � - _ - - - � � � „L�� � � r..-• -.;.;: �, � -•-•-•-' ' . - .... �� ----- , , , �� � �.�`�xv; .. i�.► . . - _ - - . � � - �. �. � January 18, 1985 • T0: Golden Valley Planning Commission EROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Zoning Code Amendments to Better Regulate Residential Facilities As you are well aware, the OASIS Conditional Use Permit indicated the inadequacies of the Zoning Code as it relates to residential care facilitiies ("group homes") . Part of the problem is caused by the State taking away much of the local government`s authority to regulate residential facilities that serve six or fewer persons in a Single Family Zoning District. Resi- dential facilities that serve between 7 and 16 persons may be considered a permitted use in a Multiple Zoning District. Alternatively, the City may require a Conditional Use Permit for group homes serving 7 or more persons if they so choose. The City may put restrictions in the Conditional Use Permit in order to "assure proper maintenance and operation of the facility provided that no conditions shall be imposed on the homes which are more restrictive than those imposed on other conditional uses of residential property in the same zone, unless such additional conditions are necessary to protect � the health and safety of the residents of the facility." (Minnesota Statute 1980, 245.812) In keeping with the Statutes, the staff is recommending that changes be made to the Zoning Code to give the City better control. First, a new definition of "group homes" is made. The new terminology is Residential Facility. This term and definition is consistent with State Statutes. This helps to clear up any ambiquities. Second, the suggested ordinance amendments eliminate any specific performance standards or conditions for a residential facility serving more than six persons. A residential facility would be evaluated by the standards found in the Conditional Use Permit section of the Zoning Code. This allows the City greater flexibility in attaching requirements that relate to the maintenance and operation of the facility. The City may continue to place conditions similar to the ones found in the existing section in the Zoning Code on group homes (Section 3A.12) , i.e. formation of an advisory committee and distance between facilities. However, the City may place other conditions that may be reasonable and may not specifically be mentioned in the existing code. The proposed amendment also clears up the foster home issue that came up when the OASIS group home was being considered. As you may recall, the existing ordinance mentions "foster group homes" but it is not defined. The following is a list of the proposed definitions and procedural changes to better accommodate residential facilities and foster homes: • . Memo to Golden Valley Planning Commission January 18, 1985 , Page 2 � A. Definition Additions 1. Add Residential Facility - Any facility licensed by the State of ° Minnesota (except for foster family homes) public or private, which for gain or otherwise, provides one or more persons 2� i�our per day care including food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need. Residential facilities include but are not limited to state institutions under the control of the commissioner of public welfare, residential treatment centers, maternity shelters, group homes, halfway houses, residential programs or schools for handicapped children. Comment: This definition is essentially the same definition as found in Minn. Statutes 1980, 245.782, Subd. 6. This helps provide consistency with State law. It should also be noted that only State licensed residential facilities will be permitted in Golden Valley. The staff believes that the State does a good �ob regulating resi- dential facilities. Without a State license, the City may not be sure of the overall quality of the operation. Currently, the Zoning Code addresses group homes, but "group home" is not defined in the Code. 2. Add Foster Famil Home - Family home licensed by the State of Minnesota to care for up to seven children under 18 years of age � (including the family's own children under 18 years of age) . Comment: The present Zoning Code does not address foster care. The Department of Welfare Rule 1 addresses family foster homes and group family foster homes. 3. Add Group Foster Family Home - A family home licensed by the State ' ' of Minnesota to care for up to ten children under 18 years of age (including the family's own children under 18 years of age) . Comment: The State licenses a few group foster family homes in • Hennepin County. I spoke to the person at the County who licenses foster homes and she said that there are very few such homes in the County. B. Procedural Changes In terms of procedure, the Planning staff is recommending the following: 1. Residential facilities serving six or fewer persons be considered a permitted use in the Residential District and a conditional use in the R-2, Multiple and Institutional Districts. Comment: This method is consistent with State law which provides that residential facilities serving six or fewer persons be a per- I � mitted use in a Single Family Residential District. In other Residential Districts and the Institutional District, a Conditional Q • ➢ Memo to Golden Valley Planning Commission January 18, 1985 � Page 3 Use Permit is necessary. This is consistent with State law. There is a valid concern regarding group facilities in multiple family buildings in terms of the size of the living unit in which the group home is placed and its relationship to other living units, open space, parking, etc. 2. Residential facilities serving seven to twenty-five persons be con- sidered a conditional use in all Residential Districts and the Institutional District. Comment: The State law allows the City to require Conditional Use Permits for residential facilities if they serve more than six persons. The staff believes that the Conditional Use Permit procedure would allow the staff to adequately review and recommend conditions on the operation of a residential facility. In reviewing the current section of the Zoning Code on group homes (Section 3A.12)each of the pro- visions 1-7 may be required through the Conditional Use Permit procedure. For instance, the City Council has the right to ask that an advisory committee be established if it is determined it is necessary. The City Council may also ask any advisory commission for advice, such as the Planning Commission and Human Rights Commission. The staff believes that it would be best to not establish specific . conditions or performance standards on the operation of a residential facility. It is recommended that the operation of residential facil- ities be guided by the more flexible, general guidelines found in the Conditional Use Permit section of the Zoning Code. 3. Residential facilities serving greater than twenty-five persons be considered a conditional use only in the Institutional District. Comment: Residential facilities that serve greater than twenty-five persons would be allowed in the Institutional District with a Conditional Use Permit. The staff has chosen twenty-five persons as the cut-off because the State limits the size of residential facilities such as OASIS to a maximum of twenty-five persons. The State believes that with greater than twenty-five persons, the facil- ity would be too "institutionalized". 4. Foster Family Homes as previously defined would be considered a permitted use in all Residential Districts. Comment: This is consistent with the way in which foster family homes have been handled in the past by the Planning Department. The City receives notice of all family foster homes by the County. This use has traditionally been considered a permitted use. 5. Group foster family homes as previously defined would be considered � a conditional use in all Residential Districts. Comment: The persons I spoke with from Hennepin County stressed that there are not a great many of these in the County. However, with up to ten children in one home, or living unit, it would be wise to look at each one as a conditional use. January 21, 1985 � T0: Golden Valley Planning Commission FROM: Mark W. Grimes, Director of Planning and Development SUBJECT: Specific Zoning Code Amendments for Residential Facilities and Foster Homes 1. Changes to Chapter 3A: Residential Zoning District A. Delete the following from Section 3A.02: No. 7 Group homes under the regulation. . . . . B. Add th2 following to Section 3A.02: No. 7 Residential facilities serving six or fewer persons. No. 10 Foster family homes. C. Delete all of Section 3A:12. D. Add the following: � Section 3A.12 Conditional Uses: l. Residential facility serving from 7 to 25 persons. 2. Group foster family homes. 2. Changes to Chapter 3B: Two-Family (R-2) Residential Zoning District: A. Add the followin to Section 3B.02 Permitted Uses: No. 6 Foster family homes. B. Add the following section: Section 3B.10 Conditional Uses: 1. Residential facilities serving from 7 to 25 persons. Z. Group foster family homes. 3. Changes to Chapter 4: Multiple Dwelling Zoning District: A. Add the following to Section 4.02 Permitted Uses: No. 4 Foster family homes. B. Add the following section: � . Golden Valley Planning Commission ` January 21, 1985 Page 2 • Section 4.06 Conditional Uses: No. 1 Residential facilities serving up to 25 persons. No. 2 Group foster family homes. 4. Changes to Chapter 11: Institutional Zoning District: A. Delete all of Section 11.03, No. 5. B. Add the following in place of old section: Section 11.03 No. 5 Residential facilities only within the I-3 Institutionai Sub-District. 5. Changes to Chapter 12: Zoning Code Definitions: A. Add the following to Section 12.02 Definitions: a. Residential Facility b. Foster Family Home � c. Group Foster Family Home •