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08-22-83 PC Agenda I � GOLDEN VALLEY PLANNING COMMISSION � I (Civic Center, 7800 Golden Valley Road) ; August 22, 1983 7:00 P.M. , ' AGENDA � ' I � I : '� APPROVAL OF MINUTES - AUGUST 8, 1983 � i II . SET DATE FOR INFORMAL PUBLIC HEARING - REZONING FROM B � PO TO , - �-3 INSTITUTIONAL , APPLICANT: Al1an Bensman and Jerrold Winters ' LOCATION: 5400 Glenwood Avenue � i � REQUEST: Approval of zoning change from Business and ' Professional Office (B&PO) to ( I-3) Institutional . 111 . MISCELLANEOUS AMENDMENTS TO THE CITY ZONING ORDINANCE IV. REPORT ON BZA MEETING - AUGUST 9, 1983 . V. REPORT ON HRA MEETING - AUGUST 9, 1983 VI . REPORT ON CITY COUNCIL MEETING - AUGUST 16, 1983 i i ! � , • MINUTES OF THE �OLDEN VALLEY � PLANNING COMMISSION August 8, 1983 A regular meeting of the Planning CoRanission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Chairman Thompson called the meeting to order at 7:00 P.M. Those present were Commissioners Forster, Leppik, Polachek, Singer, Thompson and Tubman. Commissioner Prazak was not present at the beginning of the meeting. Also present were Mike Miller, Planning and Redevelopment Coordinator, Alda Peikert, Assistant Planner, and Lowell Odland, City Engineer. I. Approval of Minutes - July 25, 1983 It was �ved by Commissioner Tubman, seconded by Commissioner Leppik and carried unanimously to approve the minutes of the July 25, 1983 Planning Commission meeting as recorded. Commissioner Prazak arrived at the meeting. II . Continuation of Informal Public Hearing on Preliminary Plat 0 o g ition � APPLICANT: Courey, Schwinn, Ko dadek and McRoberts, P.A. LOCATION: 2U6 Sunnyridge Lane . REQUEST: Approval of Preliminary Plat of "Tolg Addition" Chairman Thompson introduced this agenda item and recognized Mr. John Waldron, Courey, Schwinn, Kodadek and McRoberts, P.A., who was present to represent the proponent. Chairman Thompson explained continuation of the informal public hearing to allow time for the proponent to return with a cul-de-sac design and reviewed the staff report recommending approval of the original through street desi gn. In response to a question from Commissioner Forster, City Engineer Lowell Odland reviewed lot width nonconformities in the proposed Preliminary Plat and deficiencies in street width and cul-de-sac size on existing Roanoke Circle. Commissioner Leppik asked whether it would be possible to redraw the proposed Preliminary Plat to meet lot width requirements. Mr. Waldron replied that it is not possible to eliminate the nonconforming lot widths due to the location of the existing house on the property and due to desire for six lots. � Planning Commission Meeting - August 8, 1983 Page 2 � In response to Commissioner questions, Mr. Odland reviewed staff concerns related to drainage and watermain construction. Mr. Odland compared drainage areas on the two alternative Preliminary Plat designs and demonstrated that the through street design poses fewer problems in terms of drainage. Mr. Odland explained that looping of watermain is desirable for two reasons: 1) Provision of alternate water source in the event of a breakage and 2) eli- mination of the stagnant water problem experienced by the last few houses on a dead end water line. Chairman Thompson opened the informal public hearing for public input. Mr. James Garfunkel , 200 Sunnyridge Lane, stated that he lives next to the drainage ditch which would serve a portion of the proposed "Tolg Addition". Mr. Garfunkel stated that the ditch tends to overflow and that he believes he � and his neighbor would be flooded out by the proposed development. Mr. Garfunkel added that he would like to see consideration given to the fine stand of trees existing in the area of the proposed Preliminary Plat and that he would like to hear complaints received from snowplow drivers concerning cul-de-sacs. Mr. Odland referred Planning Commissioners to an article on snowplowing in the City of Eagan, which is comparable to the City of Golden Valley in terms of total miles of streets. The article explains that Eagan uses special equip- • ment for plowing of cul-de-sacs and that cul-de-sac streets are plowed twice, once by the snowplows and again by the followup equipment. Mr. Odland pointed out that equipment operators are able to plow many blocks of straight streets in the time required to plow one cul-de-sac. He also stated that the City of Golden Valley staff prefers not to pass twice with snowplowing equipment, thus twice blocking driveways with snow. Mr. Odland added that the City of Eden Prairie no longer allows cul-de-sacs unless there is no other way to develop a site. Commissioner Tubman relayed personal experience with contract service for clearance of cul-de-sacs and noted that on occasions of considerable snowfall the small pickups meant to do the work were unable to get into the cul-de- sacs. Mr. Odland confirmed this problem with the example of the City of Minnetonka which contracts for plowing of cul-de-sacs. Mr. Odland stated that the pickups contracted are unable to move in heavy snows. Mr. Yirgil Mylan, 204 Sunnyridge Lane, stated that he lives next door to the Tolg property. Mr. Mylan expressed concern over drainage from the proposed development onto adjacent properties. Mr. Mylan observed that the east side of the Tolg property, which the neighbors refer to as meadow, is flat and absorbs surface water. Mr. Mylan speculated that any change in that low area would affect his own property due to the fact that it is also very low. Mr. Mylan noted that snowplowing of cul-de-sacs results in heaps of snow and - expressed preference for the through street design which would carry more sur- face water drainage on the street and have less drainage impact on adjacent � Planning Co►�nission Meeting - August 8, 1983 Page 3 � property. Mr. Mylan stated that either development design should make provi- sion for drainage. Mr. Mylan also stated the opinion that there are plenty of trees for everyone. Mr. Mylan concluded with the statement that he is very much against the cul-de-sac design. Mrs. Pat Webster, 4007 Roanoke Circle, stated that she lives on the existing Roanoke Circle cul-de-sac, that she was unaware that the cul-de-sac size is minimal and that the size seems adequate to her. Mrs. Webster stated that the charm, of the area is in its cul-de-sacs. Mrs. Shary Essig, 4010 Roanoke Circle, expressed concern over traffic resulting from a through street. Mrs. Essig stated that part of the reason she and her husband purchased their home was because they wanted a home on a quiet cul-de-sac street rather than a through street. Mrs. Daria Lysyj, 4004 Roanoke Circle, complimented City engineers on excellent snowplowing of the existing Roanoke Circle cul-de-sac. She stated that her husband is an obstetrician who must be able to get out in cases of emergency and that he has never had a problem. Mrs. Lysyj observed that snowplows may plow driveways closed twice even on through streets, which was her experience when living at a previous location in Golden Valley. Mrs. Lysyj concluded with the statement that she wishes to keep the cul-de-sac which is beautiful and peaceful . � Mr. Bill Webster, 4007 Roanoke Circle, stated that he was surprised that the proponent would submit a proposed cul-de-sac design which includes noncon- forming lots. Mr. Webster stated that he believes there is no difference bet- ween the cul-de-sac and through street designs in terms of surface water drainage onto adjacent properties. Mr. Webster also suggested that looping of the watermain could be achieved by jogging of the watermain along property lines to connect with the proposed new cul-de-sac or by means of redesign of the proposed new cul-de-sac plat. Chairman Thompson closed the informal public hearing. Commissioner Leppik asked whether it is possible to jog the watermain along property lines in the proposed cul-de-sac plat to provide a watermain connec- tion from the existing Roanoke Circle cul-de-sac to a new cul-de-sac on the Tolg property. Mr. Odland stated that it is possible, but that every water- main bend increases the potential for breaks and that access for maintenance and repair is considerably more difficult in yards than in streets, especially in winter. Mr. Odland further pointed out that completion of the watermain loop between cul-de-sacs would require grading and tree removal so that the cul-de-sac design would necessitate tree removal to almost the same extent as the through street design. Chairman Thompson expressed concern over the fact that the proponent has -not submitted drainage plans acceptable to the City Engineer for either the through street design or the cul-de-sac design. Chairman Thompson stated that he is uncomfortable with recommending approval of either design without • knowing which way the drainage will go. Planning Commission Meeting - August 8, 1983 Page 4 � Mr. Waldron stated that direction was given to the surveyor to provide the City with all information required and that he would check into failure to complete acceptable drainage plans. Mr. Waldron pointed out that in either case a drainage plan acceptable to the City Engineer would be provided. Mr. Waldron stated that the developer has attempted to cooperate with staff and Planning Commission requirements and has submitted three designs, including a through street design and both 50 foot and 60 foot radius cul-de-sac designs. Mr. Waldron requested that the Planning Commission take action that evening to provi`de direction on a choice of through street or cul-de-sac design. Chairman Thompson questioned whether it would be appropriate for the Planning Commission to recommend a Preliminary Plat which includes nonconforming lots. Co�unissioner Prazak stated that he is more concerned with the impacts of a through street on the surrounding area and that he feels the nonconformities are minor in comparison. Commissioner Tubman stated that she agrees that the nonconformities are minor but that when all problems with the cul-de-sac design are totalled up, as much as she likes the cul-de-sac aesthetically, she could not recommend to the City Council a plan with as many problems as the cul-de-sac design. Commissioner Tubman concluded that if a decision were to be made that night, she would recommend the through street design. • Commissioner Prazak suggested that the cul-de-sac could be redesigned with five lots to eliminate nonconformities. Commissioner Polachek agreed that the proponent appeared to have done a poor job on the cul-de-sac design and that it could be redesigned to eliminate non- conforming lots, to improve drainage and to provide for watermain easement. Ms. Peikert pointed out that of the six concerns listed in the staff report in connection with the cul-de-sac design, three could be addressed by an improved cul-de-sac design but three could not be alleviated by any cul-de-sac design. Those which could be addressed in an improved design include nonconforming lot - widths, watermain connection and drainage. Those which could not be alle- viated include life safety concerns, street maintenance problems and deficien- cies in street width and radius of existing Roanoke Circle. Commissioner Leppik stated that the three concerns which could not be resolved do not seem that troublesome to her and that she would like to see the propo- nent come back with a five lot cul-de-sac design. Mr. Waldron stated that the developer is very much opposed to requirement of a five lot design due to the severe financial hardship. Mr. Waldron stated that the inequity of such a requirement, considering the developer has submit�ed a through street plan which conforms to City Ordinance requirements, would be too great to ignore. � Planning Commission Meeting - August 8, 1983 Page 5 � Commissioner Leppik asked whether one lot in the proposed through street design is so low as to be unbuildable. Mr. Odland replied that there will be problems with development of the subject Tolg property with any design and that any development will require considerable grading, fill and consequent cutting of trees in order to provide buildable lots. Mr. Odland further pointed out that the lots on the existing temporary Roanoke Circle are arranged for an eventual through street, not for a permanent cul-de-sac, and that setbacks of the homes on the existing cul-de-sac are based on eventual through street design. Commissioner Tubman stated that although it is difficult to recommend a plan which displeases the neighborhood, from a planning standpoint the through street design is the best way to develop the property. It was moved by Commissioner Tubman and seconded by Co�unissioner Leppik to recommend City Council approval of the original Preliminary Plat of "Tolg Addition" utilizing a through street design subject to the following � conditions: 1. Provision of a complete drainage plan satisfactory to the City Engineer prior to City Council consideration of the Preliminary P1 at. ' 2. Addition on the Final Plat of standard six foot drainage and • utility easements along side and rear property lines. 3. Payment of cash in lieu of land for park and open space pur- poses in an amount of $7,500, which is equivalent to ten . percent of the $75,000 fair market value of the undeveloped land included in the Preliminary Plat. Commissioner Leppik stated that she would prefer to see two cul-de-sacs but that under the circumstances she felt bound to go with the design that con- forms to Ordinance requirements. Commissioner Forster stated that he does not like the through street design but agrees with that choice. Commissioner Prazak stated that presentation of an inadequate alternative in the cul-de-sac design does not improve the original through street design. Chairman Thompson called for a roll call vote, and the motion carried by a vote of six to one. Co�nissioners Forster, Leppik, Polachek, Singer, Thompson and Tubman voted in favor of the motion. Commissioner Prazak voted against the motion. � - Planning Commission Meeting - August 8, 1983 Page 6 � III. Report on City Council Meeting - August 2, 1983 Commissioner Singer provided the Planning Commission with a report on the August 2, 1983 City Council meeting. City Engineer Lowell Odland added a report on the August 2, 1983 City Council agenda item on closing of the Holiday Lane access to Highway 100. V.` Report on PACAC Meeting - July 26, 1983 Commissioner Prazak, representative from the City of Golden Valley to the Community Development Block Grant (CDBG) Planning Area Citizen Advisory Committee (PACAC) for Area One, provided the Planning Commission with a report on the July 26, 1983 Committee meeting for review of proposals for use of con- tingency funds. Commissioner Prazak reported to the Planning Commission that the Committee recommendation to the Hennepin County Board included allocation of $30,000 in CDBG contingency funds to the City of Golden Valley Housing Rehabilitation Grant Program. VI. Notification of Seminar on the Basics of Zoning Administration Planning and Redevelopment Coordinator Mike Miller explained availability of City funds to pay for Planning Commissioner attendance at a zoning program to be held at Normandale Community College. None of the Planning Commissioners • expressed interest in attendance. The m2eting was adjourned at 8:55 P.M. Respectfully submitted, David Thompson, Chairman Margaret Leppik, Secretary • T0: GOLDEN VALLEY PLANNING COMMISSION DATE: AUGUST 17, 1983 • FROM: ALDA PEIKERT, ASSISTANT PLANNER SUBJECT: SET DATE FOR INFORMAL PUBLIC HEARING - REZONING FROM BUSINESS AND PROFESSIONAL OFFICES TO iNSTITUTIONAL ( 1-3) - 5400 GLENWOOD AVENUE The proponents, Dr. Allan Bensman and Mr. Jerrold Winters, purchasers of the former school administration building located at 5400 Glenwood Avenue, request rezoning of the property from the Business and Professional Offices to the Institutional ( I-3) Zoning District to allow establishment of a Rehabilitative Health Center. Hopkins Independent School District No. 270 recently platted the subject property as part of "Meadowbrook School Addition" and rezoned the subject lot from the Institutional (I-1) to the Business and Professional Offices Zoning District to allow for sale of the former school administration building ' for office use. The proponents intend to make use of the building as a clinic, which requires rezoning to the Institituional (I-3) Zoning District. Staff suggests that the Planning Commission set an informal public hearing date of September 12, 1983 to consider rezoning of 5400 Glenwood Avenue from the Business and Professional Offices to the Institu�ional ( I-3) Zoning • District. AP:kjm • � T0: GOLDEN .VALLEY PLANNING COMMISSION DATE: AUGUST 17, 1983 FROM: MIKE MILLER, PLAN��ING � REDEVELOPMENT COORDINATOR SUBJECT: MISCELLANEOUS AMENDMENTS TO THE CITY ZONING ORDINANCE Wi.th the last Planning Commission Agenda you received copies of proposed miscellaneous amendments to the City Zoning Ordinance. At the last Planning Commission meeting, Staff advised withholding action on these amendments until the August 22, 1983 Planning Commission meeting, when a review of the amendments should be available from the City Attorney. At this time, the Staff recommends that the Planning Commission give favorable consideration to the proposed amendments. The City Attorney has given verbal approval of the amendments to be followed later by a written statement. Upon completion of adoption of these miscellaneous amendments to the Zoning Ordinance, the only part of the Zoning Ordinance remaining to be dealt with is adoption of the Official Zoning Map. It is anticipated that the Official City Zoning Map will be available for review by the Planning Commission within 30 to 60 days. � MHM:kjm �a �� � CBARLES S.BELLOF'S JOfi2� R.CARROLL N�ILLIA7�: C.F1L:IiL.'N6�:\ aTAH1E5 D.OL90N ��S T � F LA�A GAN GEORGE O.LL;DCSE III � E.J08EPA LaFa�-E III ARCHIS�LD SPE2CCER ATTORNE�S AT LA�V PATRirg $,gE���G�y ROBERT M.SAARE GREGORI' D. SOL"LE ROBERT L.CROSHl' 4o�i.o IDS CE:�rEx CHRISTItiE F�.SOLSO LE02�ARD I�Z.ADDI7�6T0� TZI'�\'EgppLIS.�'�ZI1I�ESOTA SS�.O_ ERII+ �1, jgELE ROSEI2T R.BARTH ERIC6�S. LAtiER :�.h6LTER CiRAFF �612 339—7121 MELSSS,6 A.�1p.GE£ ALLEIt D. BARiARD x=�R..RD A.PE7ERSOIC August 16 , 19 83 THOASAS D.CARLSO\ . FRAN$ VOC3L OP COL'A'SEL �IARINUS Nr.VAN PL'TTEN,JR. GEORGE :�I,ALOXEF aIAMES C.DIRACLES LEO\6RD ��". SI�tO_\'ET J6ME5 A.FIORlI'IG ��ARD B� LEti IS ROBERI' J. PRATiE ROHERT L.MELLER.JR. � J61KE5 I.BEST SCOI"I D. ELLEIZ '.1903�1f166 CH6RLE5 C. BERpL'IST ROBERT J.FLa::aGa� �1896-19Y3 Ms. Alda Peikest, Assistant City Planner City of Golden Valley 7800 Golden Valley Road Golden Valley, Minnesota 55427 Dear Alda: I am enclosing a proposed Ordinance which will amend the Zoning Code so as to accomplish the housekeeping changes, and other significant additions (such as the reference to the official zoning � map) as we have previously discussed and as you have instructed me by memo from Mike Miller, dated July 22 , 1983. I call your attention to the fact that it will not be necessary to provide a specific amendment in order to set forth the title of � the 20 chapters of the Zoning Code. That is merely a codification matter which can be simply handled by directory index to the chapters in a manner which corresponds to the chapter heading. Likewise, it is not necessary to pass an ordinance amendment so as to revise the language which we used at the beginning of each zoning section under the .Ol subdivision. In other words, as to Sections 38.01, 3B4O1, 4.01, etc. , you can simply insert the language which you have sent to me, this insertion and change of wording to be accomplished at the time that the next codification of the Zoning Code takes place. This codification, for the purpose of putting the ordinances in organized numerical form so that they can be read and understood by the general public, would simply then state after each .O1 section, the following: (Note: This Section number is used in ordinances rezoning tracts of land to this zoning district. As to any specific tract or district reference is made to the 1955 Village Code and subsequent rezoning ordinances as they appear in the City Ordinance book.) � , • BE�T � FL�\AGA_\' ' • . Ms. Alda Peikert August 16, 1983 Page Two If you have any further questions or comments, please contact ine; otherwise the proposed ordinance and this letter can be directed to the Planning Commission for their review, and from there to the City Council for appropriate action upon the recommendation of the Commis s ion. Very tru ours, /� ���� � obert M. Skare RMS/nk Enclosure cc: Mr. Jeff Sweet, City Manager � Mr. Lowell Odland, City Engineer Mr. Lloyd Becker, Director of Zoning Mr. Mike Miller, City Planner � s . ORDINANCE NO. � AN ORDINANCE AMENDING THE CITY CODE (MISCELLANEOUS AMENDMENTS TO THE CITY ZONING CODE) The City Council of the City of Golden Valley does hereby ordain as follows: Section l. The Zoning Code for the City of Golden Valley is hereby amended by repealing and deleting in its present form and entirety Chapter 1 thereof and by enacting and substituting in lieu thereof the following: "Section 1.01. Purposes. It is the purpose of this ordinance to regulate land use within the City of Golden Valley, including location, size, use and height of buildings, the arrangement of buildings on lots and the density of population within the City, and for the purpose of promoting the health, safety, � order , convenience and general welfare for all citizens of the Community. Section 1.02. Zoning Districts. For the purpose of this Zoning Code, the City of Golden Valley is divided into the Zoning Districts named in this Section: Open Development Residential Two-Family R-2 Residential Multiple Dwelling Commercial Light Industrial Industrial Radio Railroad Business and Professional Office Institutional Terminal Warehouse The districts and their boundaries are hereby established. No building, premises, or land use shall be erected, establisned, or used for any purpose that does not comply with all applicable regulations of the district in which such building, premises, or land . use, is located. • Section 1.025. Official Zoning Map. (a) The official Zoning Map together with all explanatory matter thereon is adopted hereby by reference and declared to be a part of the Zoning Code. The Official Zoning Map shall show the division of the City into zoning districts and shall be identified by the signature of the Mayor, attested to by the City Clerk and bear the seal of the City under the words: "This is to ' certify that this is the Official Zoning Map referred to in Section 1.025 of the Zoning Code of the City of Golden Valley", together with the date of adoption of this ordinance. (b) If changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be inscribed on the Official Zoning Map promptly after the amendment has been approved (or the permit has been issued) by the City Council together with an entry on the Official Zoning Map reflecting the number and date of enactment of the amending ordinance or resolution which effected the change. (c) Any unauthorized change of the Official Zoning • Map of whatever kind by a person or persons shall be considered a violation of the Golden Valley City Code and punishable as a misaemeanor. (d) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning districts adjoining each side of such street, alley or public way sball be automatically extended to the center of such vacation and all area included in the vacation shall then and heretofore be subject to all appropriate regulations of the extended districts; provided, however, that if in the judgement of the City Attorney the vacated street, alley, or public way does not become property of the adjoining landowners, then such automatic extension does not take place. 5ection 1.03. Lot of Record. In all of the zoning districts, every building hereafter erected and structurally altered shall be located on a separate lot or parcel of record, and in no case shall there be more than one (1) principal building (as defined in Chapter 12 of the City Zoning Code) on any one such ` lot or parcel. In any question of interpretation the • matter shall be referred to the Golden Valley Board of Zoning Appeals. " -2- . Section 2. The Zoning Code is further amended in Chapter 2 thereof by repealing and deleting in its entirety Section 2.04 (2) and by enacting and substituting in lieu thereof the following: "2. Horticultural (and/or agricultural) private (Noncommercial) nurseries and greenhouses. " Section 3. The Zoning Code is hereby further amended in Chapter 2 thereof by repealing and deleting in their present form and entirety, Sections 2.05 and 2.06 thereof, and by enacting and substituting in lieu of the same the following: "Section 2.05. Yard Requirements. In tne case of buildings abutting a Residential or R-2 Residential Zoning District, side and rear yard � setbacks shall not be less than 50 feet in width or depth, of which at least 25 feet adjacent to the property line shall be • landscaped, planted, and maintained as a buffer zone. In the case of buildings abutting a Zoning District other than Residential or R-2 Residential, side and rear yards shall not be less than 30 feet in width and � depth, of which at least 15 feet adjacent to the property line shall be landscaped, planted, and maintained as a buffer zone. Section 2.06. Front Yards. No building in the Open Development Zoning District shall be located less than 35 feet from the property line along an abutting public street. All portions of a parcel of land abutting a public street shall be regarded as front yards. " Section 4. The Zoning Code is further amended by enacting and adding thereto Section 2.08 which shall reaa as follows: "Section 2.08. Lot Coverage. No building or • structure, or group thereof shall occupy more than twenty-five (25) percent of the total land area of any -3- lot or parcel of land in an Open Development Zoning • D1Stt1Ct." Section 5. The Zoning Code is further amended in Chapter 3 by enacting and adding thereto Section 3A (02) 8, whicn shall read as follows: "8. Home day care for not more than ten (10) children including the family's own children (in accordance with M.S. 245.812) . " Section 6. The Zoning Code is further amended in Chapter 3A by repealing and deleting in its present form and entirety Section 3A (11) 2, and by enacting and substituting in lieu thereof, the following: "2. Up to six persons shall be permitted to occupy a • " group home provided, however, that a greater number may be permitted by majority vote of the City Council so long as said greater number does not exceed the number allowed under the standards and regulations of the Minnesota Department of Welfare and that the Group Home continues to be operated in accoxdance with said standards and no such greater number than six shall be permitted, except upon; a. The holding of a public hearing following notice given to all adjacent residents or property owners in the same manner as required by law for rezoning of properties; � b. The receipt by the Council of a report from the administrative staff of the City outlining its recommendations with respect to any such greater number, which report shall be received and made public at the aforesaid hearing ; and c. The receipt of reports from such advisory conunission as the Council shall deem desirable, which reports shall likewise be made public. " . -4- � Section ?. The Zoning Code is further amended in Chapter 5 thereof by enacting and adding to Section 5.02 (Permitted Uses) the following: "32. Tanning Parlors" Section 8. The Zoning Code is further amended in Chapter 5 by repealing and deleting in its present form and entirety Section 5.03 and by enacting and substituting in lieu thereof the following: "Section 5.03. Conditional Uses. 1. Animal hospitals, veterinary clinics, and/or pet grooming facilities. 2. Auto repair shops, including tire and auto accessory repair and installation. � 3. Car wash. 4. Convenience food stores. 5. Drive-in retail establishments, such as banks, cleaning, photo shops, etc. 6. Gasoline service stations. 7. Mortuaries. 8. Off-street parking for adjacent commercial or industrial uses. 9. Outdoor sales, including car lots, auto and equipment rentals. 10. Outside storage and/or sales on horticultural nursery sites, temporary farmers market, and itinerant sales. 11. Pool halls. 12. Class 11 restaurants (drive-in, fast food, etc. ) . 13. Sales, or show rooms (auto, machinery, boats, etc.) . 14. Unattended business operations, such as vending machines, coin or token operated machines and equipment, and other similar uses. 15. Video Game Arcades." � -5- � � Section 8. The Zoning Code is further amended in Chapter 5 by enacting and adding thereto Sections 5.07 and 5.08 which shall read as follows: "Section 5.07. Lot Coverage. No building or structure, or group thereof, shall occupy more than fifty (50) percent of the total land area of any lot or parcel in a Commercial Zoning District. � Section 5.08 Height Restrictions. No building or structure, other than water tanks, water towers, and lighting fixtures, shall be erected to exceed a height of three (S) stories in the Commercial Zoning District, unless a Conditional Use Permit has been granted by the City Council for a larger structure. All necessary mechanical equipment and elevator penthouses will not be included in computation of building height. " Section 10. The Zoning Code is further amended in Chapter 6 thereof by repealing and deleting therefrom in their � present form and entirety Sections 6.07 (3) C and Section 6.09 respectively, and by enacting and substituting in lieu therof the following: "Section 6.07 (3)C. In the case of premises adjoining a Commercial, Light Industrial, Industrial, Radio or Railroad Zoning District, required side and rear yard setbacks shall be not less than 20 feet in depth. " "Section 6.09. Building Height. No building or structure, other than water tank s, water towers and lighting fixtures, shall be erected to exceed a height of forty-five (45) feet in the Light Industrial Zoning • District. All mechanical equipment and elevator penthouses will not, be included in computation of building height. " Section 11. The Zoning Code is further amended in Chapter 6 thereof by enacting and adding thereto Section 6.10 '�' which shall read as follows: -6- "Section 6.10. Lot Coverage. No building or • structure, or group thereof, shall occupy more than fifty (50) percent of the total land area of any lot or parcel in a Light Industrial Zoning District. " Section 12. The Zoning Code is further amended in Chapter 7 thereof by repealing and deleting therefrom in its present form and entirety Section 7.04, and by enacting and substituting in lieu thereof the fallowing: "Section 7.04. Building Height. No building or structure, other than water tanks, water towers and lighting fixtures, shall be erected to exceed a height of forty-five (45) feet in the Industrial Zoning District. All necessary mechanical equipment and elevator penthouses will not be included in computation of building height. " Section 13. The Zoning Code is further amended in � Chapter 7 thereof by enacting and adding thereto Section 7.08 which shall read as follows: "Section 7.09. Lot Coverage. No building or structure, or group thereof, shall occupy more than fifty (50) percent of the total land area of any lot or parce'1 in an Industrial Zoning District. " Section 14. The Zoning Code is further amended in Chapter 10 thereof by repealing and deleting in its present form and entirety Section 10.03, and by enacting and substituting in lieu thereof the following: "Section 10.03. Parking Requirements. All land uses and structures permitted under this zoning district shall provide off-street parking at the ratio of one (1) parking space for every 250 square feet of gross floor area." � -7- � Section 15. The Zoning Code is hereby further amended in Chapter 11 thereof by repealing and deleting therefrom in their present form and entirety, Sections 11.04 and 11.07 respectively and by enacting and substituting in lieu thereof the following: � . "Section 11.04. Height. No building or structure other than water tanks, water tank towers and lighting fixtures, shall be erected to exceed three (3) stories in height in the Institutional Zoning District. Church spires, belfries, chimneys and architectural finials may be permitted to exceed the maximum provisions of this Section when erected in accordance with the Ordinance of the City of Golden Valley, Section 11.07. Yard Requirements. Side and rear yards in the Institutional Zoning District shall not be less than 50 feet in width and depth, of which at least 25 feet adjacent to the property line shall be landscaped and maintained as a buffer zone. " � Section 16. The Zoning Code is hereby further amended in Chapter 12 thereof by repealing and deleting therefrom in its present form the first sentence of the definition for a "DAY CARE - NURSERY" , and by substituting in lieu thereof, the following: °A se�vice provided to the public in which more than ten (10) children of school or pre-school age are cared for during established business hours. " Section 17. The Zoning Code is further amended in Chapter 12, Zoning Code Definitions, by adding and enacting thereto the definition of a video game arcade which shall read as follows: � "VIDEO� GAME ARCADE: Any premises, building, or structure containing more than eight (8) video games -8- for use by the general public, customers, patrons, or � employees of such premises, building or structure. ° Section 18. The Zoning Code is further amended in Chapter 20 thereof by enacting and adding thereto Section 20.03 (0) , which shall read as follows: ' "O. The City Council shall have the right to revoke or suspend any Conditional Use permit whenever the terms or conditions of such permit have been violated or broken. All such action by the City Council to revoke or suspend a Conditional Use Permit shall be by means of a two thirds affirmative vote. " Section 19. This Ordinance shall take effect and be in force from and after its publication. � Passed by the City Council of the City of Golden Valley, this day of , 1983. Rosemary Thorsen, Mayor ATTEST: John Murphy, City Clerk Robert M. Skare City Attorney 4040 IDS Center Minneapolis, MN 55402 � -9-