07-08-85 PC Agenda � GOLDEN VALLEY PLANNING COPIMISSION
Civic Center, 7800 Golden Valley Road
July 8, 1985
6:00 P.M.
AGENDA
6:00 PM I. Joint Meeting with City Council (Dinner Included)
7:00 PM II. Approval of Minutes - June 24, 1985
III. Informal Public Hearing - Preliminary Design Plan
Applicant: John B. Goodman
Location: 5100 Olson Memorial Highway
Request: Approval of Preliminary Design Plan for
PUD #49 - Yalley Village 2nd Addition
� IV. Informal Public Hearing - Conditional Use Permit
Applicant: Midas Muffler
Location: 2520 Winnetka Avenue North
Request: Approval of a Conditional Use Permit to Operate a
Midas Muffler Shop in a Commercial Zoning '
District '
V. Formal Public Nearing on Amendments to the Comprehensive
Plan
VI. Report on City Council Meeting - July 2, 1985
; �
�
� DATE: July 3, 1985
T0: Mayor Mary Anderson and Members of the Council
Members of the Planning Commission
FROM: Mark Grimes, Director of Planning and Development
RE: J oint City Council/Planning Commission h1eeting, 6 PM on July 8, 1985
On July 8, the City Council and Planning Commission will meet for one hour
prior to the regular Planning Commission meeting, in the Manager's
Conference Room to discuss issues relating to the planning process in
Golden Valley. Please note that a dinner will be served at the meeting.
I have spoken to Mayor Anderson regarding the general topics to be
discussed. They include:
1. The planning proeess as it relates to HRA develo��ents. The con-
cern in this matter is how to involve the Planning Commission from
the beginning in the review of HRA developments. One method is to
place a greater emphasis on Planning Commission involvement in the
approval of redevelopment plans which guide the redevelopment of
• an area.
2. Update of the Comprehensive Plan. The Planning Commission is
beginning the pr�cess to update the Plan. The Planning Commission
approach is to l�ok at various "focus" areas such as the Highway
12 corridor, Golden Valley Lutheran College and Golden Valley
Health Center. The City Council and Planning Commission may want
to talk about various approaches to these "focus" areas and
timi ng.
3. Other. There may be areas that City Council members or Planning
Commission members may want to discuss with each other in order to
upgrade and improve the planning process.
MG:pb
�
� MINUTES OF THE GOLDEN UALLEY
PLANNING COMMISSION
June 24, 1985
A regular meeting of the Planning Commission was held in the Manager's
Conference Room of the Civic Center, 7800 Golden Valley Road, Golden Valley,
Minnesota. Chairman Prazak called the meeting to order at 7:00 P.M.
Those present were Commissioners Kapsner, Lewis, McAleese, McCracken-Hunt, and
Prazak. Also present were Mark Grimes, Director of Planning and Development,
and Alda Peikert, City Planner.
Commissioners Leppik and Russell were absent.
I. APPROVAL OF MINUTES - JUNE 10, 1985
It was moved by Commissioner McAleese, seconded by Commissioner Kapsner, and
carried unanimously to approve the minutes of the June 10, 1985 Planning
Commission meeting.
II. SET DATE FOR INFORMAL PUBLIC HEARING - PRELIMINARY DESIGN PLAN
APPLICANT: John B. Goodman
� LOCATION: 5100 Olson Memorial Highway
REQUEST: Approval of Preliminary Design Plan for
PUD #49 - Valley Village 2nd Addition
III. SET DATE FOR INFORMAL PUBLIC HEARING - CONDITIONAL USE PERMIT
APPLICANT: Midas Muffler
LOCATION: 2520 Winnetka Avenue North •
REQUEST: Approval of a Conditional Use Permit to Operate a
Midas Muffler Shop in a Commercial Zoning District
It was moved by Commissioner McAleese, seconded by Commissioner McCracken-Hunt
and carried unanimously to set informal public hearing dates of July 8, 1985
for consideration of the Preliminary Design Plan for PUD #49, Valley Village
2nd Addition, and for consideration of a Conditional Use Permit to operate a
Midas Muffler Shop at 2520 Winnetka Avenue North in a Commercial Zoning
District.
IV. REPORT ON BZA MEETING - JUNE 11, 1985
Presentation of a report on the June 11, 1985 meeting of the Board of Zoning
Appeals (BZA) was postponed due to the fact that Commissioner Leppik, Planning
� Commission representative to the BZA, was absent.
Planning Commission Minutes
June 24, 1985
Page 2
�
V. REPORT ON HRA MEETING - JUNE 18, 1985
Director of Planning and Development Mark Grimes provided the Planning
Commission with a report on the June 18, 1985 meeting of the Housing and
Redevelopment Authority (HRA).
VI. REPORT ON CITY COUNCIL MEETING - JUNE 18, 1985
Commissioner Lewis provided the Planning Commission with a report on the June
18, 1985 City Council Meeting.
VII. COMPREHENSIVE PLAN WORKSHOP
Director of Planning and Development Mark Grimes reviewed his staff report
informing Planning Commissioners of City Council requests made at the June 17,
1985 City Council/Housing and Redevelopment Authority (HRA) workshop. In
response to City Council requests, the Planning Commission decided to
concentrate initial Comprehensive Plan update efforts on two focus areas:
Golden Valley Lutheran College and the Golden Valley Health Center.
Golden Valley Lutheran Colle e
Planning Commissioners reviewed a recommendation prepared by Mayor Mary
� Anderson for the July 2, 1985 City Council meeting regarding establishment of a
neighborho�d committee to make a recommendation on reuse of the Golden Valley
Lutheran College property. Planning Commissioners reached consensus on the
following recommendati�ns concerning procedure for coordination of Planning
Commission and neighborhood committee recommendations to the City Council :
1. Commissioner Kapsner volunteered to serve as liaison between the Planning
Commission and a Golden Ualley Lutheran College Neighborhood Committee.
2. Commissioner Kapsner and Director Grimes agreed to coordinate with Mayor
Anderson on arranging a meeting with Golden Valley Lutheran College
officials for the purpose of informing the college of plans to create a
neighborhood committee and for the purpose of requesting a college presen-
tation of plans and intentions to the neighborhood committee.
3. The Planning Gommission recommends that the City Council send out a mailing
to residents in the Golden Valley Lutheran College neighborhood inviting
residents to an informational meeting concerning formatian of an advisory
neighborhood committee. The meeting date suggested by the P1anning
Commission is Monday, July 15, 1985.
4. The Planning Commission recommends that persons interested in serving on
the committee be invited to complete application forms. The Planning
Commission suggests Planning Commission selection of up to six persons
recommended for City Council appointment to serve along with the Planning
Commission liaison for a committee of up to seven persons. The neighbor-
• hood committee should be appointed by the August 6, 1985 City Council
meeting.
Planning Commission Minutes
June 24, 1985
Page 3
•
5. The Planning Commission recommends a schedule of several neighborhood
committee meetings in August and September with a target date of September
30, 1985 for completion of a recommendation.
6. The Planning Commission recommends that Golden Valley Lutheran College be
invited to make a presentation to the first meeting of the neighborhood
committee. If possible, a tour of the College facilities, including both
neighborhood committee and Planning Commission members, would be arranged
at that time.
7. The Planning Commission requests that staff provide background materials to
both the Planning Commission and the neighborhood committee.
8. The neighborhood committee recommendation on reuse of the Golden Valley
Lutheran College property would be taken into consideration in preparation
of a Planning Commission recommendation to the City Council , with the
decision on whether the two recommendations should be incorporated into one
recommendation or presented separately dependent on the substance of the
two recommendations.
The Planning Commission concluded discussion of procedure for providing a
recommendation on Golden Valley Lutheran College reuse with consideration of
appropriate content for a recommendation. Planning Commissioners agreed that a
• recommendation should include performance standards for integration of use into
the neighborhood, a listing of potential uses in priority of preference, and
consideration of constraints including access, soils and drainage. Potential
uses suggested for further investigation included the Minnesota Arts School , a
senior citizen residential complex, a corporate training center, a religious
retreat, a health club, and a mixed use complex.
Golden Valley Health Center
Director of Planning and Development Mark Grimes informed Planning Commission-
ers of inquiries received from consultants reportedly preparing studies and
plans for further development of the Golden Valley Health Center property.
Planning Commissioners felt need for a presentation from Health Center offi-
cials as background prior to work on the Comprehensive Plan update. Staff
agreed to contact Health Center officials with a request for a presentation at
the July 22, 1985 Planning Commission study meeting as preparation for compre-
hensive planning focus on the Health Center property. In addition, staff
agreed to research all possibilities for additional accesses to the property,
and Commissioner McAleese volunteered to check with his contacts concerning
development of the proposed Torture Treatment Center at this site in proximity
to the Health Center and to Courage Center.
Meeting was adjourned at 9:00 P.M.
�
Gary Prazak, Chairman Linda McCracken-Hunt, Secretary
� July 3, 1985
T0: Golden Valley Planning Commission
FROM: Alda Peikert, City Planner
SUBJECT: Informal Public Hearing - Preliminary Design Plan for PUD #49,
Valley Village 2nd Addition
The proponent, Mr. John B. Goodman, requests approval of the Preliminary Design
Plan for PUD #49, Valley Village 2nd Addition, which proposes construction of
40 condominium or apartment units on a site 9.41 acres in area located at
5100 Olson Memorial Highway. The subject site is in the same ownership as the
Valley Village Apartments directly adjacent to the west. The proponent recently
completed a replatting of the apartment property and the subject vacant site to
increase the size of the vacant parcel in preparation for development.
Development Proposal
The Preliminary Design Plan. for PUD #49, Valley Village 2nd Addition, proposes
40 condominium or apartment units arranged in five buildings of eight units
each. The buildings are located on higher ground along the westerly portion of
the site overlooking lower ponding area on the easterly portion of the site.
� Each building comprises four units on the entrance level and four additional
units on a lower walkout level . There are two one-bedroom units and two two-
bedroom units on each level for a total of 20 one-bedroom and 20 two-bedroom
units in the proposed development.
Zoning and Density _
A. Zoning Classification
Zoning designation of the property is Multiple Dwelling (M-1) Zoning District
for the major portion of the property. A narrow strip of property along the
eastern edge of the site, added at the time of the recent replatting, is zoned
Open Development but is almost entirely floodplain. The Multiple Dwelling (M-1)
Zoning District designation allows multiple family residential development up
. to three stories in height.
B. Density
The 9.41 acre lot area greatly exceeds the 2700 square feet per unit required
in the M-1 Zoning District for a two story building. Density is 4.25 units per
acre, which is low density according to the adopted City of Golden Valley Housing
Policy. The Housing Policy designates medium density as five to 12 units per
acre, with densities over 12 units per acre considered high density. The proposed
density is considerably below that indicated by the zoning, due in part to site
constraints.
�
Golden Ualley Planning Corrunission
July 3, 1985
Page 2
� C. Setbacks
Setbacks of building and drive exceed the 35 feet required for landscaped front
yard adjacent to street frontage and the side setback requirements of 25 feet to
building and 12� feet to drive.
Site Constraints
A. Floodplain
Over half of the site is floodplain, and the previously approved plat of Valley
Village 2nd Addition has a drainage and flowage easement over all area below the
flood elevation of 837. The proposed development requires alteration of the
floodplain and has been reviewed by the Bassett Creek Water Management Commission.
The attached review letter from the Bassett Creek Water Management Commission
approves proposed fill and provision of compensating storage. The platted
easement over the floodplain requires adjustment in accordance with alterations
proposed to accommodate the development.
The proposed site plan shows the floodplain directly adjacent to the building
lines. Cross sections indicate first floor elevations of 838 which meet the
requirement of one foot above flood elevation. According to the City Engineer,
no structure is allowable in the floodplain. The cross sections give the
impression of exposed structure below flood elevation and should be revised to
� clarify ground level no lower than flood elevation adjacent to the buildings.
B. Topography
The buildable westerly portion of the site above flood elevation is entirely
steep slope. In order to provide area for construction of the buildings and
of an access drive, the PUD Preliminary Design Plan proposes cutting into the
slope and the construction of retaining walls back from the drive to the property
line. The cross sections illustrate the use of boulder retaining walls and
plantings to maintain the slope above the development.
The developer utilizes the steep slope to allow construction of the proposed
walkout lower level in each building and to orient all units toward the creek
and pond on the easterly portion of the site.
C. Existing Sanitary Sewer Line
An existing City sanitary sewer line is located on the subject site along the
westerly boundary line of the lot. Proposed cutting of the hillside for the
condominium/apartment development wouldjeopardize the existing sanitary sewer
line. The developer proposes relocation of the line, at developer expense,
to a location to t�e west of the property line entirely on Valley Village
Apartment property.
�
Golden Valley Planning Commission
July 3, 1985
Page 3
�
The City Engineer approves relocation of the line provided plans prepared by
a registered engineer demonstrate feasibility of placement at the location
indicated on the PUD Preliminary Design Plan. The City Engineer expresses
concern regarding installation in close proximity to the existing Valley Village
Apartment buildings.
Access and Parking
A. Access Drive
Access is provided by means of a private drive off of the Olson Memorial Highway
(T.H. 55) frontage road. The access drive is 30 feet wide, and the proponent
plans parallel parking along the west side of the drive. The City Fire Marshal
approves the drive width with one row of parallel parking. The Fire Marshal
specifies posting of fire lanes at the entrance to each building to allow
emergency vehicle access, and the site plan indicates provision of the required
fire lane as typical to eac� building.
B. Cul-de-sac
The proposed drive from the point of intersection with the frontage road to the
end of the proposed cul-de-sac is approximately 950 feet in length. The City of
Golden Valley Subdivision Regulations specify a maximum cul-de-sac length of
� 500 feet. Therefore, the length of the proposed private cul-de-sac drive is
considerably longer than permitted by design standards applied to public streets.
The site constraints, however, do not allow for any other point of access.
The original cul-de-sac size indicated on the PUD Preliminary Design Plan is
80 feet in diameter. This size corresponds to actual paved cul-de-sac sizes
existing in the City of Golden Valley. Although required right-of-way for a
cul-de-sac is 100 to 120 feet in diameter, paved surface is generally 80 feet
in diameter. The City Fire Marshal requested an increased diameter to facilitate
maneuvering of fire fighting vehicles. The proponent indicates with a dashed
line on the proposed site plan an expanded cul-de-sac with a diameter of 90 feet
and an extension of the cul-de-sac into the drive to eliminate the corner between
cul-de-sac and drive. The proponent explains in the attached application cover
letter that further expansion of the cul-de-sac would require construction of
a prohibitively high retaining wall on the west side of the cul-de-sac. The
City Fire Marshal accepts the expanded cul-de-sac design with specification of
maximum width of the extension into the drive. In addition, the Fire Marshal
requires posting of no parking for a fire lane around the entire width of the
cul-de-sac and along the extension connecting to the access drive.
C. Parking
The development includes 50 garage parking spaces, consisting of ten in each
building. This is exactly the number of covered parking spaces required for
the proposed mix of unit sizes under the Multiple Dwelling Zoning District
section of the City Zoning Ordinance. In addition, the Zoning Ordinance requires
� one open parking space per unit, which would be 40 spaces for this proposal . The
Golden Valley Planning Commission
July 3, 1985
Page 4
�
parking data on the proposed site plan indicates provision of 80 outside parking
spaces. Fifty are located in front of garages, and the additional 30 would be
along the west side of the drive. Total parking provided is more than required
under the appropriate section of the Zoning Ordinance.
Utilities
A. Watermain
The proposed six inch watermain and the hydrant locations meet the approval of
the City Engineer and the Fire Marshal .
B. Sanitary Sewer
Sanitary sewer service connection to the existing sanitary sewer lift station
on the subject property is acceptable to the City Engineer. However, the City
Engineer expresses concern for careful engineering of the creek crossing and
actual connection to the lift station. Plans prepared by a registered engineer
are required with the PUD General Plan of Development, the second stage of the
PUD process, and plans should meet the approval of the City Engineer.
C. Storm Sewer
• Surface water runoff from the hillside, drive and parking area is channeled
between and to the ends of buildings into six individual sedimentation basins.
As required by the Bassett Creek Watershed Management Commission, notation is
made of a skimmer device on each basin to remove debris prior to direction into
Bassett Creek. The City Engineer requires details on design of the skimmer
device with the PUD General Plan of Development and expresses concern for
maintenance of the devices.
The proponent requests in the application cover letter the option of substituting
an underground storm sewer system to one centralized sedimentation basin with
skimmer device. The City Engineer favors this option and would like to make it
available to the proponent. Detailed plans for either option could be submitted
with the PUD General Plan of Development and should meet the approval of the City
Engineer.
Recommendation
Staff suggests that the Planning Commission recommend City Council approval of
the Preliminary Design Plan for PUD #49, Valley Village 2nd Addition, subject
to the following conditions:
1. Plans for relocation of the existing City sanitary sewer line along the
western boundary of the site onto the adjacent property to the west shall
be prepared by an engineer registered in the State of Minnesota and shall
be approved by the City Engineer, the Minnesota State Board of Health and
the Metropolitan Waste Control Commission.
�
Golden Valley Planning Commission
July 3, 1985
Page 5
�
2. Relocation of the existing City sanitary sewer line shall be at developer
expense.
3. A typical section illustrating the skimmer device proposed for sedimentation
basins shall be prepared by an engineer registered in the State of Minnesota
and shall meet the approval of the City Engineer. The proponent shall
provide a narrative explanation of provisions for maintenance of the skimmer
device or devices to the satisfaction of the City Engiener.
4. The option requested in the application cover letter for replacement of the
six individual sedimentation basins with an underground storm sewer system
to a single catch basin is preferable to the City Engineer and shall be
aJlowable provided proposed plans meet the approval of the City Engineer.
5. Plans for sanitary sewer connection from the proposed development to the
existing sanitary sewer lift station, including the creek crossing, shall
be prepared by an engineer registered in the State of Minnesota and shall
meet the approval of the City Engineer.
6. There shall be no structure allowed in the floodplain, and crass sections
shall be revised to verify elimination of structures below the flood elevation
of 837.
� 7. The proponent shall dedicate to the City of Golden Valley, either by means
of replatting of the property or by means of separate document, a revised
drainage and flowage easement over all area below the flood elevation of
837 following revision of contours to accommodate the proposed development.
Any current easement area no longer below flood elevation with the proposed
development shall be vacated.
8. The proponent shall dedicate to the City of Golden Valley, either by means
of replatting of the property or by means of separate document, a 15 foot
utility easement in the location of the relocated City sanitary sewer line
on the lot to the west of the subject lot. The easement in the current
location of the sanitary sewer line shall be vacated.
9. The developer shall implement erosion control measures during construction
in accordance with a plan approved by the Bassett Creek Water Management
Commission and by the City Engineer.
10. The cul-de-sac at the end of the access drive shall be expanded to a radius
of 45 feet as indicated with a dashed line on the proposed site plan and
shall have a maximum width extension eliminating the corner from the
cul-de-sac into the access drive. The cross section in the location of
the cul-de-sac shall be revised to illustrate the expanded cul-de-sac width
and revised retaining wall design. ,
11. No parking signs shall be posted around the cul-de-sac and along the extension
from the cul-de-sac on the west side of the access drive.
�
Golden Valley Planning Commission
July 3, 1985
Page 6
� 12. Fire lanes shall be osted at the entrances to each buildin .
P 9
13. The option requested in the application coverletter of marketing the
development as a rental project as opposed to a condominium project is
allowable subject to provision of handicapped accessible units as required
by the Uniform Building Code for rental projects.
14. Separation wa71s between units shall be provided as recommended by the City
Building Department.
15. Homeowners association agreements shall be submitted with the PUD General
Plan of Development and shall meet the approval of the City Attorney.
16. A landscape plan shall be submitted with the PUD General Plan of Development
and shall conform to the City Landscape Standards and to recommendations of
the Building Board of Review.
17. Signage shall conform to the City Sign Regulations and to recommendations
of the City Building Inspector.
18. The development shall conform to all requirements and recommendations of
the City Fire Marshal , City Building Inspector and City Engineer.
•
Attachments:
1. Site Location Map
2. June 28, 1985 Application Cover Letter
3. June 25, 1985 Letter from Bassett Creek Water Management Commission
4. PUD Preliminary Design Plan (Full sized plan sheets enclosed separately)
�
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OMNI SNELTEA INCOAPOAATE� '
4869 OLSON MEMORIAL HIGHWAY . MINNEAPOLIS,MINNESOTA 55422 • TELEPHONE (612) 541-9912
June 28, 1985
Ms. Alda Pickert
City Planner
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55422
Re: Valley Village Second Addition
P.U.D. Proposal
Dear Alda:
_ Attached are 18 sets of the drawings that constitute our submission for
Preliminary Design Approval of the Valley Village Second Addition PUD
propasal . The drawings include the Site Plan/Grading Plan. Site Sections ,
Building Elevations, and Building Plans. I would like to draw your
attention to the following comments:
� � During the last few weeks I have had the opportunity to meet with Mr.
George Erickson, Fire Marshal of the Department of Public Safety concern-
ing this proposal . Mr. Erickson has requested and we have amended our
plans to show a marked firelane at the entrance to each building, Mr.
Erickson has also requested that we widen our cul-de-sac from our pra-
posed 80' diameter to a 100' diameter for the purpose of ease of fire
vehicle egress. In order to build an 80' diameter cul-de-sac we would
construct three consecutive five-to-six foot retaining walls. In order
to build a 100' diameter cul-de-sac we would have to construct one twenty-
two foot structural retaining wall . A retaining wall of this magnitude
would not be an acceptable design solution from both a safety standpoint-
too much of a drop-off, from an aesthetic standpoint-similar in appearance
to the massive retaining walls found along freeways, or from an afford-
ability standpoint.
On our revised Site Pian dated June 28, 1985 we are showing a widened
cul-de-sac in a tear duct shape--this design. while not yet reviewed by
Mr. Erickson, represents an improvement in fire vehicle egress over our
initial 80' cul-de-sac and does not require the massive retaining walls
of a 100' diameter cul-de-sac. We are intending to continue discussing
this matter with Mr. Erickson until a salution is met.
�
Page 2
Ms. Alda Pickert
� June 28, 1985
On Thursday, June 20, the proposal was presented to the Bassett Creek
Water Management Commission. A copy of their cor�nents and findings are
herewith attached. The Commission has requested, and we have amended
our plans, to include a skimmer device in our sediment basins for skirt�ning
of floating debris. With the inclusion of the ski�ning devices our
surficial storm water drainage system, with proper erosion control measures,
would be acceptable. However, we intend to ultimately evaluate the
practicality and expense of this type of system with that of an under-
ground piping system utilizing catch basins and a centralized sediment
basin/skimmer device.
Concerning the relocation of the 12 inch sanitary sewer our engineers
will be preparing and submitting plans and drawings to the City of Golden
Valley, the �etropolitan Waste Control Commission and the State Board
of Health for the appropriate approvals.
And lastly, at the present time we have not made a decision whether to
market the development as for sale condominium units or as rental apart-
ments. This decision will have to be determined at a future date and
will depend on such factors as availability of financing and market
conditions. As such, we request that the option to either sell or rent
� the proposed units be included in the P.U:D. permit.
Re ectfully subm' t ,
�
Ross M. Fefercorn
RMF/ram
Enclosures
cc: John Goodman
�
BASSETT CREEK WATER MANAGEMENT COMMISSION • c�""�'
• GuWcn�';dle�
78(X)Goldrn Vallry Rc�ad � Mcdicinc t.:ike
G��Idc�l VttIIcY. Minn��<�ta 55427 • Minnc:ip��li.
� • Minncl�rnk:i
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• Nltnu�ulh
• Rubhin.Jale
• 5t.Luuis Park
Junc� 25, 1985
Mr. Lowell Odland
Director of Public Worka
City of Golden Valley
7800 Golden Valley Road
Golden Valley, Minnesota 55422
Re: Valley Village Second Addition Grading Plan
Dear Mr. Odland:
The Bassett Creek Water Management Commission has reviewed the proposed
grading and drainage plan for the above-referenced development and has the
following co�ents:
1. The proposed fill below Elevation 837 is being compensated for by an
� equal amount of compensating floodplain storage and, therefore, is
in accordance with the policies of the Wstershed Management Plan
for Bassett Creek.
2. An easement ahould be granted to the City of Golden Valley for all
portions of the property below Elevation 837 for the etorage of
water for flood control and/or water quality enhancement purposes.
3. Parking lot runoff should be directed to a temporary storage area
which will provide sufficient detention time to settle silt sized .
particles and which will provide for akimming of floating debris.
4. The proposed erosion control measures must remain in place and be
maintained until the site has been revegetated.
Sincerely,
% � �v� /,
. � �.,�, ;7
� � ��
Peter Enck �
Chairman
BASSETT CREEK WATER MANAGEMENT COMMISSION
PE/tmk
c: Ross Feffercorn
Richard Koppy
�
� July 3, 1985
T0: Golden Valley Planning Commission
FROM: Alda Peikert, City Planner
SUBJECT: Informal Public Hearing - Conditional Use Permit - 2520 Winnetka
Avenue North - Midas Muffler - Automobile Repair in a Commercial
Zoning District
The proponent, Mr. Stephen Hendrickson, requests approval of a Conditional Use
Permit to allow a Midas Muffler shop and a tune up/quick oil change service at
2520 Winnetka Avenue North. The subject property is in the Commercial Zoning
District, and automobile repair is a conditional use in the Commercial Zoning
District.
The proposed site is the former Arthur Treacher's Fish and Chips fast food
restaurant location. The building is currently vacant and has been on the
market for some time. Mr. Hendrickson proposes to renovate the 1824 square foot
existing building for use as a three bay tune up/quick oil change facility and
to construct a 5,487 square foot addition including 384 square feet of storage
for the tune up/quick oil change service and a six bay Midas Muffler shop with
mezzanine storage area.
� Mr. Hendrickson proposes to operate the Midas Muffler shop. The adjacent tune up/
quick oil change facility may be leased to a separate operator or may be operated
by Mr. Hendrickson in conjunction with the Midas Muffler shop. Mr. Hendrickson
describes both operations as light service functions, with work in the Midas
Muffler shop including mufflers, brakes, shocks and front end suspension repair.
Neither operation would involve engine overhauls, body work or painting.
Conformance with Zoning Ordinance Requirements
A. Setbacks
The proposed site plan conforms to front and side yard requirements, including
a 35 foot landscaped front yard, a 20 foot landscaped setback from the north
property line to building, and a ten foot landscaped setback from the south
property line to parking. The rear setback from the property line to parking
is seven feet, which does not meet the ten foot setback requirement.
Appraval of the site plan should be conditional upon granting of a variance
by the Board of Zoning Appeals (BZA) or revision of the site plan to bring it
into conformance with setback requirements. There appears to be no justification
for granting of a variance, and it is recommended that the proponent revise the
site plan.
�
Golden Valley Planning Commission
July 3, 1985
Page 2
� B. Parking
The proposed site plan provides exactly the number of parking spaces required
by the Zoning Ordinance. In fact, the proponent notes that most customers of
the Midas Muffler and tune up/quick oil change services will wait during servicing
of their cars. It is not expected that customers will drop off cars in the
morning for servicing during the day to the extent usual for general automobile
repair services. Therefore, it is unlikely that the full parking requirement
will be utilized.
Findings
Section 20.03 of the City Zoning Ordinance provides that in considering a
Conditional Use Permit application, the Planning Commission shall make findings
and recommendations to the City Council on ten items, which need not be given
equal weight in the consideration. Examination of the proposed Midas Muffler shop
and tune up/quick oil change service in view of each of the ten items follows:
1. Demonstrated need for the proposed use.
Staff suggests that determination of need is satisfied by the apparent
determination of market demand by the proponent.
Z. Consistency with the Comprehensive Plan of the City.
•' The Comprehensive Land Use Plan Map in the Land Use element of the adopted
City of Golden Valley Comprehensive Plan designates long term Commercial
use of the subject property. The proposed use is appropriate to the
existing Commercial zoning, which conforms to the Comprehensive Plan
designation.
3. Effect upon property values in the neighboring area.
The subject site is surrounded by Commercial zoning. The adjacent property
to the north is the location of the A and W fast food restaurant. The
adjacent property to the south is the location of the Town Crier Restaurant.
Property to the rear of the site to the east is vacant land belonging to
the VFW and zoned Commercial . The VFW site is the location of the seasonal
farmers market sponsored by the City of Golden Valley, and the UFW has
consulted in the past with City staff concerning possible future
construction of a VFW hall on the site. The subject property fronts on
Winnetka Avenue North, and a small office building zoned Business and
Professional Offices is located across the street from the site.
The proposed Midas Muffler shop and tune up/quick oil change service are
compatible with surrounding land uses and zoning and would not adversely
impact surrounding property values.
�
Golden Valley Planning Commission
July 3, 1985
Page 3
� 4. Effect of an antici ated traffic eneration u on the current traff'
Y P g p ic flow
and congestion in the area.
Access to the site is by means of one curb cut off of Winnetka Avenue
North. The proponent explains that most customers of both services, the
Midas Muffler shop and the tune up/quick oil change facility, will wait
during car servicing, resulting in iow traffic flow throughout working
hours. There would be no heavy peak hour traffic, and the proposed use
would not adversely affect current traffic flow or congestion in the area.
5. Effect of any increases in population and density upon surrounding land
uses.
There would be no in�reases in population or density.
6. Increase in noise levels to be caused by the proposed use.
The proponent descri6es both proposed operations as light service functions.
The Midas Muffler and tune up/quick oil change operations do not entail
the heavy repair work and equipment associated with general automobile repair
and would not generate noise levels obtrusive to surrounding uses.
7. Any odors, dust, smoke, gas or vibration to be caused by the proposed use.
• Again, the Midas Muffler and tune up/quick oil change operations proposed
would not involve the heavier equipment and materials associated with general
automobile repair and would not cause odors, dust, smoke, gas or vibration.
8. Any increase in flies, rats, or other animals or vermin in the area to be
caused by the proposed use. -
The proposed use would not result in any increase in flies, rats or other
animals or vermin in the area.
9. Visual appearance of any proposed structure or use.
Midas Muffler new construction and the proposed tune up/quick oil change
facility occupancy of the existing building would considerably improve the
current unmaintained and deteriorated appea�ance of the vacant building
and site.
10. Any other effect upon the general public health, safety, and welfare of the
City and its residents.
Staff foresees no other effects on the general public health, safety and
welfare.
�
Golden Valley Planning Commission
July 3, 1985
Page 4
• Recommendation
Review of the proposed Midas Muffler shop and tune up/quick oil change facility
in view of the ten factors for examination of a Conditional Use Permit request
indicates a favorable recommendation. Staff suggests that the Planning Commission
recommend City Council approval of the Conditional Use Permit requested by Mr.
Stephen Hendrickson for operation of a Midas Muffler shop and tune up/quick oil
change facility at 2520 Winnetka Avenue North in a Commercial Zoning District
subject to the following conditions:
1. Development in conformance with the Site Plan prepared by Bruce W. Schmitt
and Associates, dated May 28, 1985 and revised June 18, 1985, sha11 be conditional
upon granting of a waiver of rear yard setback to parking by the Board of
Zoning Appeals (BZA) or upon revision of the Site Plan to conform to Zoning
Ordinance requirements.
2. There shall be no automobile engine overhauls, body work or painting conducted
on the site.
3. Renovation and new construction exterior materials shall conform to the
� recommendations of the Building Board of Review (BBR).
4. Landscaping shall conform to the City Landscape Standards and to the �
recommendations of the Building Board of Review (BBR).
� 5. There shall be concrete curb separation of parking and drive from landscaped
areas.
6. There shall be no outside display or storage of materials or refuse.
7. Signage shall conform to the City Sign Regulations and approval of the City
Building Inspector.
8. The construction and operation shall conform to all requirements and
recommendations of the City Building Inspector and City Fire Marshal .
9. Failure to comply with one or more of the above conditions of approval shall
be grounds for revocation of the Conditional Use Permit.
Attachments:
1. Site Location Map
2. June 10, 1985 Application Cover Letter
3. Site Plan (Full sized plan sheet enclosed separately)
�
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MIDAS MUFF�ER CRYSTAL
5701 W. BROADWAY, CRYSTAL, MINN. 55423
533-2509
- � MIDAS MUFF�ER HOPKINS
����5� 519 E. EXCELSIOR BLVD., HOPKINS, MINN. 55126
933-5551
MIDAS MUFFLER RIDGEDALE
12812 WAYZATA BLVD., MINNETONKA, MINN. 55343
546-8767
June 10, 1985
Alda Pikert
City of Golden Va11ey
7800 Golden Valley Rd.
Golden Yalley, MN
- Dear ris. Pikert
I am attaching this cover letter as additional information for your use
in considering a�* conditional use permit application at 2520 Winnetka
Avenue Yorth.
As you will see on the attached site pla.n, a�y application meets the parking
requirements as stated in your code book. I would also like to give you
a better description of the 2fidas business. We perfoz^.a a variety of auto-
notive services as w�iell the tune-up/quick oil chan�e fac3lity. Both, how-
ever, perfora the ma�ority of their services while the customer waits,
therefore our parking and vehicle stora�e needs are si�nifica.ntly sWaller
than �ould be necessary for a normal repair facility. Typically our cust- .
oaers axe present when their car is being repaired and take the car when
it is conplete@.
From your perspective this accompl3shes two things. First, ve don't ac-
cumulate �unkers or cars sitting around long ter.n waiting for parts or re-
pair time. Secondly, since we are part of a national chain, we are re-
quired to meet accepted standards of clea.nliness and order to present a
�ood street image. I invite you to inspect any of my other shops to verify
these conditions.
Lastly, although auto service isn't �.lways the most attractive laad use for
a city to cor�sider, I believe we are good neighbors and also believe my►
shops maintain an image that makes me an asset to a neighborhood.
Sincerely yo " �
I
/ ���
Stephen S. Hendrickson
DATE: July 3, 1985
T0: Planning Commission
� FROM: Mark Grimes, Director of Planning and Development
RE: Amendments to the Com rehensive Plan Ma for 7700 Wa zata Boulevard,
and 1245 - 1411 No. Lilac D rive, from Residential Low Density to
us ness an ro essiona
The Planning staff is recommending that the Comprehensive Plan Map for the
City of Golden Valley be amended for two properties. Both of the proper-
ties have been before the Planning Commission for a rezoning fror�
Residential-Single Family to Business and Professional Office. The
Planning Commission recommended approval of the rezonings. The Foxboro
property (1245-1411 North Lilac Drive) was also approved by the City
Council . The International Development property (7700 Wayzata Boulevard)
has not yet been to the City Council . The hearing before the City Council
on the rezoning is to be held on August 6. The recommendation by the
Planning Commission on the Comprehensive Plan amendment will also go to the
City Council on that date to they may be considered concurrently.
The Planning Commission has discussed the need to amend the Comprehensive
Plan when a property is rezoned and the new zoning classification is not
consistent with the Plan map. In the past, the City has not amended the
Plan map when a rezoning was inconsistent with the Plan map. The approach
was to make the change to the Plan map the next time the Plan was updated.
There is some controversy about the legality of this procedure. To be on
� the safe side, the Planning Department is now recommending that the Plan
map be amended when a rezoning is proposed that is not consistent with the
Plan map.
An amendment to the Comprehensive Plan requires a formal public hearing
before the Planning Commission. The Planning Commission takes the hearing
comments into consideration and then makes a recommendation to the City
Council . The City Council does not hold a public hearing on the Plan
amendment.
I am enclosing a document prepared by International Redevelopment Limited
explaining their request for the rezoning and Comprehensive Plan amendment.
The Planning staff believes that amending the Plan map to allow Business
and Professional offices is logical and consistent with good planning prin-
ciples. The staff cannot find any significant adverse impact on the
health, safety or welfare of the community if the Plan map is amended.
(The issue stated in the previous staff report on the rezoning is appli-
cable to the Plan map amendment. )
The Foxboro rezoning was approved earlier in 1985 by the Planning Com-
mission and City Council . As you are aware, the proposal is for the
construction of a 33,000 square foot office building. The property was
zoned Residential (Low Density), and was rezoned to Business and
Professional Office. The Comprehensive Plan manager designation was iden-
tical to the former Residential designation. As stated by the Planning
� staff in the consideration of the rezoning, there is no anticipated nega-
tive impact on the surrounding area if the property is redesignated for
Business and Professional Office. Therefore, the staff recommends approval
of the Plan map designation for the Foxboro property.
f
�
COMPREHENSIVE PLAN AMENDMENT
AND
REZONING
APPLICATION
' SUPPLEMENT
INTERNATIONAL DEVELOPMENT, INC.
(Developer)
� 255 Bell Avenue Winnipeg
Manitoba, Canada R3LOJ2
May 13 , 1985
i
DEVELOPER
• INTERNATIONAL DEVELOPMENT, INC.
255 Bell Avenue Winnipeg
Manitoba, Canada R3LOJ2
c/o A1 Stobbe
125 Paisley Lane
Golden Valley, Minnesota 55422
( 612 ) 546-5685
LAND SURVEYOR
Egan Field & Nowack, Inc.
7415 Wayzata Boulevard
Minneapolis, Minnesota 55426
( 612 ) 546-6837
CO�'SULTING ENGINEERS/PLANNER
Westwood Planning and Engineering Co.
7415 Wayzata Boulevard
Minneapolis, Minnesota 55426
(612 ) 546-0155
ATTORNEYS
� LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Northwestern � Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
( 612 ) 835-3800
�
,
INTRODUCTION•
� International Development, a Winnipeg based residential and
commercial land development company, proposes to build a "three-
story ( 14, 000 square feet of office space + 7, 744 square feet
of parking space) building on a 1 . 2 acre site abutting Highway
12/I-394 on the north between Sumter and Rhode Island Avenues
(the Property) . The proposal was developed following review of
the zoning and development history of the Property and
surrounding lands, site topography, land use needs, and
transportation facilities capacity.
The Property is unique in that it has been zoned for
single-family residential development for an extensive period
of time and has never been developed. While it abuts single-
family development located to the northwest, essentially all
other land abutting Highway 12 in the vicinity of the Property
is used for commercial, industrial and higher-density
residential purposes . Lands immediately east of the Property
are zoned and developed for industrial use. Immediately south
of Highway 12 , land is zoned R-B (residential-business ) , B-1
(business ) , and R-2, R-3, and R-4 (higher density residential ) .
Lands to the southwest are designated B and PO (business and
� professional office use) and to the southeast are identified
for retail-office-service or diversified development along
Highway 12 to Highway 100. Because of this development setting
and the past lack of development, it is clear that because of
� the location of Highway 12 and the numerous adverse impacts
this corridor would have on single-family development, single-
family residential would not be an appropriate use for this
Property.
Alternative uses were explored based on land cost, market
needs, proximate uses, site topoaraphy, traffic capability, and
other features . Primary consideration was given to the
location of the Property immediately adjacent to residential
development. The lack of a street or other physical separation �
dictated that the Property' s use be designed so as to minimize
adverse, impacts on and compatibly meld with its residential
neighbors to the north. Early in the Developer' s planning
process, it was recognized that the category of use providing
the best opportunity to maximize the benefits of tr,e proximity
to this major transportation corridor while minimizing
potential adverse impacts on residential development would be
some form of office development. Office development provides
the opportunity for minimizing vehicular trips to the site,
generally concentrating these trips during weekday daylight
hours rather than at night or on weekends, and, overall,
providing a limited intensity use in comparison to other
realistic use alternatives . Most retail and industrial uses as
well as multifamily residential would result in a great
potential for adverse impacts on the surrounding residential
neighborhood.
� The site plan and building design accompanying this
application have been developed so as to minimize potential
visual and noise impacts on the residential property to the
north. The office building itself can be characterized as a
• "residential style" building. To this end, it incorporates a
low rise design, pitched roofs, residential-style siding and
trim (as shown in the exhibits) . The building will be placed
on the easterly third of the property and will be separated to
the north and southwest� by open parking. The entire
development will be surrounded by a landscaped buffer zone
consisting of shrubbery, evergreens, shade and ornamental
trees .
A. APPLICANT/DEVELOPER' S E�PERIENCE
International Development is a company with general
development experience in both Canada and the United States .
Past developments, including Deerwood Estates in Minnesota and
an office complex in Atlanta, Georgia.
.
B. PROPERTY LOCATION AND SURROUNDING LAND USES
The Property is located immediately north of U. S . Highway
12 between Sumter and Rhode Island Avenues in Golder. Valley.
It is presently undeveloped and is zoned R-1 , low-density .
residential housing. Low-density residential housing is
defined by the Golden Valley (City) Comprehensive Plan and
restricts development to four (4 ) or less units per acre.
Additional single-family residential uses lie to the immediate
� north and northwest of the Property. The Property immediately
to the east is designated industrial . The Property to the
immediate south across U. S. Highway 12 is zoned R-B
(residential business ) , B-1 (business ) , R-3 (residential) , R-4
(residential ) , and R-2 (residential ) . The Property to the
immediate southwest is designated as B and PO (business and
professional office use) . The Property to the immediate
southeast is designated as either retail-office-service or
diversified development district as you follow U. S. Highway 12 �
East to State Highway No. 100 .
C. EXISTING CHARACTERISTICS OF THE PROPERTY
The Property slopes downoaard from the northerly and
westerly borders and the grade is approximately si� ( 6) feet
lower than the residential area abutting to the north. Due to
this grade differential, there should be no significant ( less
than five (5 ) feet) difference between the roof line of the
Sumter office building and the roof line of the two-story
residence to the north. In addition, the existing foliage on
the northerly border will be retained to maintain additional
screening between the residential and office uses . It is
anticipated that access to the site can be restricted in such a
manner so that ingress and egress would be via the frontage
road only, thereby limiting traffic to Sumter and Rhede Island
Avenues. As per the Hennepin County soil survey, the site
i
z .
consists of Burnsville sand loam, 0-6o slopes, which is
• suitable f�r the type of development proposed.
� D. PROPOSED PLANNED OFFICE DEVELOPMENT
The proposed Office Development will consist �f a three (3)
story structure containing two (2) floors ( 14, 000 square feet)
of office space and one ( 1 ) floor (7 , 744 square feet) of
parking space. The architectural style will be contemporized
New England, with residential-style siding and trim and a
pitched roof which will reflect the residential character of
the neighborhood.
E. PROPOSED SCHEDULE OF DEVELOPMENT
The Sumter office building will be developed in one
construction season. Subdivision of the property is necessary
in order to provide one lot for office development ( 1, 11+
acres) an� an outlot for the Minnesota Department of
Transportation (MnDOT) I-394 right-of-way requirements (0 . 10+
acres) .
F. RELATIONSHIP TO THE CITY OF GOLDEN �ALLEY COMPREHENSIVE
PLAN
The City of Golden Valley Comprehensive Plan (the
Comprehensive Plan) designates the Property for residential
� use. The proposed "business and professional office use"
(B&PO) is a more intense use than that designated in the
Comprehensive Plan and will require an Appropriate
Comprehensive Plan Amendment and rezoning. The proposed Office
Development will provide a nonintrusive "residential-style"
transitional use between the residential area to the north and
the high-volume traffic corridor to the south (i .e. , U. S.
Highvaay 12 and proposed I-394 ) . The Development will also
provide a buffer between the Residential neighborhood and
Industrial uses to the east, as well as the Business and •
Professional office (B&PO) uses to the southwest, the
Residential Business (R-B) uses to the south, and the Business
(B-2 ) uses to the southeast.
G. PRESERVATION OF SLOPES AND MATURE TREES ON THE PROPERTY
The planned Office Development will preserve the existing
slope and mature trees on the northerly property line. The
Development Concept is designed to provide for minimal visual
impact to the abutting residential properties . Proposed
plantings will help achieve this by supplementing the existing
vegetation to provide additional screening and buffering.
Planting and berming wi11 also be used to screen the parking
and enhance the building from the adjacent public streets. The
Developer intends to build and has designed the office building
with the neighboring residential lots in mind.
�
3 .
H. VEHICULAR ACCESS, CIRCULATION, PARKING, AND TRAFFIC IMPACT
� The planned Office Development will have two (2 ) driveway
accesses which provide ingress and egress south onto the
frontage road. This southerly access in conjunction with the
lowered grade of the site will minimize vehicular disturbance
to the neighboring residential properties . It is anticipated
that there will be approximately fifty-six (56) parking stalls ,
as required in the zoning code for the B&PO zoning district for
fourteen thousand ( 14,000) gross square feet of office
building. The project will adhere to all building and parking
yard setbacks . Proposed site utility services will connect to
existing municipal sanitary sewer and water facilities located
in Rhode Island Avenue.
The site will generate about one hundred seventy-two ( 172 )
ADT (average daily trips ) with about thirty-three (33 ) trips
during the A.M. peak hour and thirty-one (31 ) trips during the
P.M. peak hour. It is anticipated that traffic to and from the
site will use the progosed I-394 frantage roads and that
distribution will be about fifty-five percent (55% ) to and from
the Louisiana Avenue interchange, thirty-five percent (350 ) to
ard from the Boone Avenue interchange, and ten percent ( l00 )
along Winnetka Avenue. While use of residential streets for
office building trips cannot be prohibited, it is likely that
the better transportation routes serving the property will be
used most, resulting in extremely limited use of the
� residential streets . As a result, the traffic impact from the
Development should be minimal and the existing future street
systems should easily accommodate the site traffic generation.
I . LIGHTING AND NOISE IMPACTS .
Exterior lighting for the Development will be directed down
within the site to eliminate any off-site glare. The project
use should generate little noise which would escape the
topographical and landscaping barriers .
The project will provide additional physical and visual
buffering to the residential neighbors from those impacts
generated by I-394 .
I . DEVELOPMEI�TT DATA SUMMARY.
Existing Site Area - 1 . 11± ac.
I-394 R.O.W. - 0 . 10± ac.
Net Site Area - 1 . 21± ac.
Existing Zoning - Residential
Proposed Zoning � - Business and Professional
! Of f ice
4 .
, � Proposed Office Building - 14 , 000 sq. ft.
(2 stories-over parking)
'i Proposed Parking (9 ' x 20 ' ) - 56 (54 std; 2 hdcp.
@ 12 ' X 20 ' )
Proposed Coverages
(Net Site Area)
B1dg. over parking
(7, 744 sq. ft. ) - 16 . Oo
Open Parking _ 2g , 6o
Landscaped Yard - 54 . 40
Total : 100. 00
Yard Setbacks
Building/Parking to street - 35 ft .
Building to residential - 50 ft .
• Parking to residential - 25 ft.
J. LEGAL DESCRIPTION
� Lots 5, 6, 7 , 19 , 20 and that part of lots 8, 17 and 18
lying northerly of the northerly right-of-way line of U. S .
Highway No. 12, all in block 4 , Co:�fer & Erickson' s
Boulevard Gardens, Hennepin County, Minnesota.
•
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� COMF�REHEIVSIVE LAND USE PLAN
PUBLIC 6 SEMI-PUBLIC FtESIDENTIAL
:4. MUNICIPAL - PARKS, NATURA: AREAS � SINGLE FIWILY (LOW DENSITY)
� SEMf-PUBItt FACILITIES � MEDIUM DENSITY
� � SCMOOLS, HIGHYAY DEPT. � HIGH DENSITY
• �Z1 i00 FT (APPROX� GREENBELT N. OF INDUSTAIAL
� LAUREL, E. OF PENNSYLVANIA E W. � INDUSTRIAL, TERMINAL
OF TURNERS CROSSRDA� WAREHOUSE AND RADIO
� NATURAI AREAS �' LIGHT fNDUSTRIAL
C011AMEF�CIAL BLJSINE55 AND
� � P�.F30FESSIONAL OF�ICES
�'�
� July 3, 1985
T0: Golden Valley Planning Commission
FROM: Alda Peikert, City Planner
SUBJECT: 1985 Planning Legislation
Attached for the information of Planning Commissioners is 1985 legislation
amending planning enabling legislation and the Metropolitan Land Planning
Act. The following three amendments are included in the new legislation:
1. Amendment of a comprehensive plan now requires a two thirds vote of the
City Council , which is the same as for zoning ordinance amendments. In the
case of a five member City Council , this means that both comprehensive plan
and zoning ordinance amendments require at least four favorable votes. �
Previously a comprehensive plan could be amended by a majority vote.
2. In the case of a discrepancy between the comprehensive plan and the zoning
ordinance, zoning supersedes the comprehensive plan. Opinion of Metropolitan
Council staff and other participants in a recent Metropolitan Council
sponsored planners forum on the subject of consistency between comprehensive
• plans and zoning ordinances is that the law recognizes existing zoning
where zoning has not yet been amended in accordance with comprehensive plan
amendments, but the law does not condone amendments of the zoning code which
do not conform to the comprehensive plan.
3. The new legislation allows a city council to adopt a comprehensive plan or
amendment without the recommendation of the planning commission provided
the planning commission has been allowed 60 days for review of an amendment
proposed by the city council . Previously the council acted only on
recommendations of the planning commission.
Attachment: 1985 Legislation
•
, -' .L�►.l�! .C�.�.,� �- �,., %�,� �;,, ,
��,y��', NOTE
�� '��m . Th;,is thc fin�i,�ersion
r' ��� , ut ihe bill!h3!tvip be
! �'1 f'c�r-.. ��""` lrnsmi;ted to the g�remor'� '
�.� A ��.,,,����n�, � dask.CAeck Hou�o tndex DeparU�t9ttt
.��r`� .0 y/!C�Co e�r�a�"rf" ��/"'a",. !�updat�+d siad�s(296-66�16)/
.�
� .
i
,t
� .
�
� 1 . . �
� Z relat;aq to local gover;uaeat; providing condi�ions for
a 3 tr`se adootion or ame:scment of comcrezezsivs caunicipal
1 g plans; providinq For resolution of conflicts ba�:ree:� a
� 5 zoninq ordinance and t*�e comor�heasive munici�al plzn;
6 �eacinq M?nnesota S�atutes 1°84, s�ctions 452.355,
7 subaivisions 2 and 3; 462.357, s�div?sion 2; and
� g 4i3.B58, subdivision l. �
,
` 9 . -
� 10 8�. IT ENAC�ED BY Th� L�GISLnT1JR: OF Tcs ST�T� OF MIlYMLSOT�: :-� -'
� 11 Sect?on l. Minnesota S�atutas 1°84, se=�ion 462.355, "
6� '
` 12 s:�civision 2, fs amendec to read: .
. �
� t 3 Su'.�c. 2. [?ROC=DURz rOR ?r.l�i P�O?=iOf! :1`D :-�r��t•T��!'_. j T�e .
.
i
�
� ?4 planninq a5eney may, ur.less ot�er',rise �rovic_� by C_ a_te: cr
� s c:ar�=r. _v-�_ s::_ s-e-:
.� 15 or�inance c�r.sis�eac Wita �`�e m�nic_?aL --
� Io r_comms :»ze Soverzi ng boCy tae aco��-oc. a.^.c a:3=r.crs_.^_� _-�m
� ac to --------------------------- �
! ------------------------------- .
,{ i ;,_�s o¢ a c�n�re::e.^.s:i�e munic:�al �l�r. a= =`-n
� 7 �'_me t;. •
` f��r 4y•►y�7�ir� �d�Y• �~8 ^13.^. G13V D� ��a�•2ivi3
• =B ='===•�r=�===_==� `-� - . --
:
�� �r'r.ici relatas t� a �zjor
10 aac acoo�== =.^. sac=ior.s, eaca oi .
; �
�! 30 subje:= ot ta= �Lsn or �o a maior ce�S==c'r.?ca? sz==:=n c� �_ e
�, :�►e cov�=:.?zg �oc•i �aa:r �r000sa --•°���•- =_e ta_
'` 2: nur.:c:�a_-__�. e••------._._
: , .
::3 co;nprezecs:v� munsc:�.ai �t 3C. =_c_am=acm---s--e--- �y _sc!uLion
�i 23 submit:_d to t.`se olar.nizS aCanc.i. oe:�re adooting t`�n
.; 24 compreheasive,�aunicipal plan or any section or ameacment o£ �'�s
� 25 plan, the planninq aqency shall hold at least one public hearinq
4i �
' 26 thereon. A not±cs ot tha time, place and p�rpose ot tha he�rinq
' 27 sha!L be pubLished onee in the official ne.+soape: ot thes
�
1
/
f �
� ' 1 municipality at least tsn days before the day of the
'�'1. � � � ���.� �l�� ? !�� S«.� � . . �.!
2 ear°_ng. e �_epe e c- -., ae er. e �_ ., e -�� «
J
� •
( . 3 ='e=: be !=a-=�==�e3 !e *Le ge�e=-=::� bee� P==°= ;° `-��
��
t �
�j4 �7C�s:CQi�O!i O� �'.LC :5����G OQ �::5��::l�-t �GOD�:9A �'�i G..`SG��G�� O:
� •r'J� $LG COA SCj:G�O;yQ 3SlSl.jG� dl S : SG'S�iOA ti.�SG��O� J Q�
�l P . ? - P-a.z e� e_ anY r� _�
�
�' 6 be by :eee=ts*_=�n aa�e?tcd bY a ne#e=:�r e5 e?: *_Zn aerbe:s e: *�e :
! i
�
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i 7 p=d-==.:q ee�=aa=e=r A eseY e= �Le ?=a� e= e: nnY aea�bea e=
: �
; 8 nacr.d.ses� �TSe=aeS adeeke3 bY ti.4e p?s.�=.=aq nqe-eY �?�►a_3 be
�
:� ,
I� 9 ecs�?�Sed �s l.1se qere:�=nq bedY e� tLe ran.'.=aipn?6��
�' 10 Sec. 2. Mirsnesota S�atu�es 1°84, se===on 462.355,
#
� 11 s:i�civision 3, ±s siaended to read:
i
12 Subd. 3. [ADOPTION BY COVERIJING BODY. ) A propesed
� 13 campre*�ensive plan or an amendmezt to it may not be acted Lpon
s� -------------------------------------------------------------- -
�` 14 by the goverZ?nq bcn� ua:il i� has r_ce?ve� t�:e re=omm_.^.ca¢=on
'`± 15 of the olanning ageacy or until 60 cays have elaos�c ::om t:�e
�� -------------------------------------------------------------
�. 16 �ate an ameac.�ae7t pr000sed by �ze gove:zing body has be_z
� ---------------------------------------------------------
sj 17 s�c�i�teC to �e olanninq ageacy for its recomme.^.dation. Unlass -
!ii �
! 18 oche�rise provided by cbarter, �he governing body may by -
;f �
;; ' 19 resolution e: n rse;e==LY by a�tao-thirds vot= of a�l ot 1ts
'i ---------------------------
.�i 20 me:abers adoot and amend the comcre.'�e�sive plan or por�?on �
'i
;'� 21 tae:eof se =e=er.-e-ee_ as �4e oi:ieial munic?paI plan u�on suca
'c . --
;i, •
�s' 2Z not?c= �zc he==:aC as may be eresc_i�e= bY o==:zar.ce- L::•== =° '
�� Z.�i G�os:�� �"7 l�.L� gOY�'�»�.:g bee; ��� �S � .��� G? ������� � ��
}� -: : : -
�`) 24 t�G :=00='1=�0:3=�� Q� yLG t:=_�=�$ QdG�G'fs
? �5 �e=. 3. Mi:ui�sa�a Sta�;ttes 158:, se===on :E2.S5'r,
��
25 s::bciv?sion 2, is a�::.aec to reac:
�t 27 Su�c. 2. (G=V'c�.4L 3�'�UiL:.?=,!'='S. � :.� any L:re a==== L`=
;i f
�� � 29 acootion os a lar.c tse pian ser Lz= RtiL`A:c:=a:?_.�, :ae �j�:=�5
�; � 3° aS�.^.c.i, for tz_ gur�ose o: car=.�-z� c�= �:e oo_:c:_s ar.c :oa l s
;!
�� 30 0: �4z l�nc use �Lar., aa� �rs?a== a ?=^�o:e: =�.:zc; cr==�ar.ca
_ . • �
+ii .1�. �..^.0 S::�RIl� ].�`. �O �:1d C�O�i$�:1�:L�'y bOC� 4ii�: i�S �°�7fAtA°.^•"1��3'.�ORS ,:OC
�� 32 dG'tCOL10�1. $LL7j2C� fJ �1C r°�:1�_:11e:1�3 O� S:l�C�V�g:Ol14 �, : and
°#{
�i �3 5, the governinq bocy may adoot anc amend a zonins or�iaance by
' 34 a tuo-thirds vote o[ all it� a►embers. Il the cocnprehensiva
35 municipal pLan is in conflict vith the zoninq ordinance, thn
� 36 =oninq_ordinance_suoersedes_the_Qlan_ �
, �
,i '
�
� . '
� H. F. No. 247
1 Sec. 4. Minnesota S�atutes 1984, section 473 .858,
2 subdivision 1, is acnende: to read:
3 Su�civision 1. Wi t'�in thres years iol!oainq the rec=ipt of
4 t:�e metr000litan syste�a s�a�_:neat, ever� local gove=zcneatal unit
, -� 5 shall have preoared a comorehensive plan in accordance With Laas
6 1976, Cha�ter 127, Sections 1 to 23 and t�5e apolicable planninq .
7 statute and shall have submi��ed the plan to the met=opolitan
8 council for revieW pursuant to section 473. 175. The provisions
9 of Laws 1976, Chapter 127, Sections 1 to 23 shall sucersede the
10 provisions of �:�e applicaale pla.^.n?ng s�a�u�e wrera�er a
li con?lict may exis�. I� t;ne compreheasive municipal �lan is in
-----------------------------------------
. 12 conflict Wit'� the zoning ordinance, the zoninq ordinanca
' ------------------------------------------------=-------
f13 supersedes_the_plan� s •
14 Sec. 5. (E=:=CTIVE DATE. j �
15 'This act is e£fective July 1, 1°85.
.
H. F. vo. 2 4 7
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�� � � u i . J�nnings
' Spea;�rr o/'rhe Nour RtPreteatettvet.
i
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jcro e ` . Hughcs
Pretideut o 3he Scnate.
� Yassed du House of Representsuves thu 25th d3y of Apri 1 in the year oE Our Lord
one thousand nine hundred and e i g h ty-f i v e. �
� -
• , dward A. Burdick .'
CJiic/Clcr,�,Hourr oj Rrpreantativu.
Passcd thc Senate this 22nd day oE Apri 1 in the year of Our Lard onc thousand '
nii,r..i3un�r.cd.atsd e�ghty—five.
GZdti.cc.-Q..�G, ,; .
P�ctick E. Flahavcn '
Secr�tary o/the Senatc.
A�provcd �
��lay 6. 19�5
.
• • Rucly P ' h
CAr��rnor o/t►t Stvte o/Mii uota.
� Filed s/�s-- .
i � �
. f oan Anderson Growe
• Seartary o/Store.
r
IIII 11i1
� "�I �
league of minnesota cities
tiay 21, 1935
l�ls. Helen Baker
Zoning Ad^�inistrator
109 lst Ave. td.ta.
hfton, tt:� 56!�31
Dear i�ls. Baker: -
I am writing in response to your phone c�ll of Friday, ;d1y 17 in
s��hich you inquired about recent changes in the law re�arding votes
required to change caaprehensive plans and zoning am�ndr�en[s.
�lthough I was not familiar with any such lac�s passing a[ [he tine
i spoke witi� you, I have now learned of the passage oE N.F. ?47. -
A copy of tt�is bill is enclosed for your information.
"�h° prir:.ary changes made are as folloas:
�
1. Existi�g law that required a majority vo[e of a council to
adopt or anen3 a co�prehensive land use land uas changed:
as oE Ju:y 1, 1985, a 2/3 vo[e is now required.
2. If tt�e city's conpret�ensive plan is in conflict with the
city's zoni�g ordinance, the ordi�ance controls.
� i�ope this inior:nation is useful [o you. Because this involves
:natters of a legal nature, I am sending a copy of this letter to
;our city .itt�rney, Paul A. Wo1Ff.
Sincerely,
�eanette Cizek
Research Assistant
cc: Paul A. Slolff
Enc. -
i �
1 B3 university avenue east, st. paul, minnesota 551 01 [6'I 2l 227-5600