04-03-13 CM Agenda Packet �G�� ��� � ..
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Executive Summary
Golden Valley Council/Manager Meeting
April 9, 2013
Agenda Item
1. a. Proposed Revisions ta City Code, Section 10.32: Animals and Fowl Keeping, Transparting,
Treatment, and Housing
Prepared By
Jeannine Clancy, Director of Public Works
Eric Seaburg, EIT, Engineer
5ummary
At the March 12, 2013 Council/Manager meeting, the Council discussed the Environmental
Commission's recommendation regarding chicken keeping. Generalty, the proposed ordinance
revisions were well-received. However, the Councit asked staff to make a few changes. The
changes made are outlined below. The changes are reflected in the proposed Section 10.32
(attaehed).
1. Setback from principal structure reduced from 50 feet to 10 feet.
a. Same setback requirement as for accessory structures.
2. 500-foot setback from impaired water bodies removed,
a. Per Section 11.65 of the City Code, the Shoreland Management ordinance has
measures in place rhat prohibit certain structures, including coops,from being
within certain distances of water bodies, unless a conditional use permit is
obtained.
i. 150 feet fram Wirth Lake
ii. 75 feet from Sweeney Lake
iii. 75 feet from Twin Lake
iv. 50 feet from Bassett Creek
Since the previous meeting, additional citizen comments have been received and have been
attached for public record.
Attachments
• Proposed Section 10.32: Animals and Fowl Keeping, Transporting, Treatment, and Housing,
clean version, redline/strikeout version (4 pages)
• Proposed Section 10.32: Animals and Fowl Keeping, Transporting, Treatment, and Housing,
clean version (4 pages)
� Citizen comments received (2 pages)
§ 10.32
Section 10.32: Animals and Fowl-Keeping,
Transporting, Treatment, and Housing
Subdivision 1. Definitions
As used in this Section, the following definitions shall apply.
A. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks,
geese, turkeys, guinea hens and honey bees.
B. Animals: Includes farm animals and all other animals, reptiles and feathered
birds or fowl except dogs, cats, gerbils, hamsters, hen chickens, and caged
household birds.
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Subdivision 2. Keeping
It is unlawful for any person ta keep or harbor any animal, not in transit, except (1)
animals kept as part of a show licensed under the City Code, or, (2) animals used in
a parade for which a �� license has been issued, or, (3) animals kept in a
laboratory for scientific or experimental purposes, or, (4) animals kept in an animal
hospital or clinic for treatment by a licensed veterinarian.
Subdivision 3. Keeping of Chickens
No person shall own, harbor, or keep within the City a hen chicken unless a �-i�
license for such chicken has been obtained pursuant to the provisions stated herein.
A. �+� License
1. A �er-�i� license must be issued to single family residential properties.
2. �s Licenses must be obtained annually and have an expiration date
of April 1.
3. f�er-�i� License application fees are due upon submittal of the �e�t�
license application. The fee will be established by City Council ordinance.
4. The City retains the right to deny or revoke any �� license application
or �i� license renewal application if it deems the applicant unable or
unwilling to fulfill the provisions stated herein, for failure to comply with
the provisions of this section, submitting an inaccurate of incomplete
�e�i� license application, if the conditions of the $er-�i� license are not
met, if a nuisance is created, or if the public health and safety wauld be
Golden Valley City Code Page 1 of 4
� 10.32
unreasonably endangered by the granting or renewing of such �e�i�
license.
5. An initial inspection of the property, coop, and run is required prior to
issuance of a pe�i� license. A similar inspection is also required for
�� license renewals.
6. The City retains the right to inspect the � licensed property to
ensure compliance with the provisions of Section 10.32 at any time for
any reason.
B. General
1. The keeping of roosters is strictly prohibited.
�—
2. 3: No more than four (4) chickens shall be kept on any one property.
3. 4: Chickens must be confined on the �e�e� licensed premise at all
times, in a chicken coop or chicken run, and may not be kept in any part
of the principal dwelling, garage, front yard, or side yard for any amount
of time.
4. �. The butchering of chickens is prohibited.
5. 6. All chicken grains and feed must be stored in a rodent proof container.
6. �. The use of chickens for cockfighting is prohibited.
C. Coop and Run
1. All chickens must be provided access to both a coop and run.
2. All fencing and electrical work associated with the chicken coop or run
must be consistent with the building and zoning codes with all appropriate
permits and licenses being obtained.
3. Any chicken coop or run shall be set back at least €i€�y-�§�} ten 10 feet
from the principal dwelling, �g fiftv (50) feet from principal
dwellings on adjacent lotsl and ten (10) feet from the property line.
4. Any chicken coop or run shall be located closer to the principal dwelling of
the �� licensed property than to any principal dwelling on adjacent
properties.
Golden Valley City Code Page 2 of 4
,f3 10.32
5. Chicken coops must have maximum footprint area of ten (10) square feet
per chicken and a minimum footprint area of five (5) square feet per
chicken.
6. Chicken runs must have a maximum footprint area of twenty (20) square
feet per chicken and a minimum footprint area of ten (1Q) square feet per
chicken.
7. The coop must be elevated a minimum of twelve (12) inches and may not
exceed a height of six (6) feet as measured from the ground.
8. No coop or run shall be located in any form of easement ar right-of-way.
9. The coop and run must be completefy enclosed and rodent proof.
10. The coop must provide adequate protection from the elements and must
be winterized.
D. Private Restrictions and Covenants on Property. Notwithstanding the issuance
of a �+� license by the City, private restrictions or covenants on the use Qf
property shall remain enforceable. Private restricts include but are not limited
to deed restrictions, condominium master deed restrictions, neighborhood
association by-laws, and covenant declarations. A �-i� license issued to a
person whose premises are subject to private restrictions and/or covenants
that prohibit the keeping of chickens is void. The interpretation and
enforcement of the private restrictions is the sole responsibility of the private
parties involved.
Subdivision 4. Animals in Transit
Tt is unlawful for any person to transport animals unless they are (1) confined
within a vehicle, cage or other means of conveyance, or (2) restrained by means af
bridles, halters, ropes or other means of individual restraint.
Subdivision 5. Treatment
It is unlawful for any person to treat any animal as herein defined, or any other
animal, in a cruel or inhumane manner.
Subdivision 6. Housing
It is unlawful for any person to keep any animal as herein defined, or any other
animal, in any structure infested by rodents, vermin, flies or insects, or inadequate
for protection against the elements.
Subdivision 7. Trespasses
It is unlawful for any person to herd, drive or ride any animal over and upon any
grass, turf, baulevard, City park, cemetery, garden or lot without specific
permission therefor from the owner.
Golden Valley City Code Page 3 of 4
§ 10.32
Subdivision 8. Trapping
It is unlawful for any person to, by means of any device or contrivance, catch, trap,
snare, or restrain any animal. Provided, however, that the Chief af Police or
Director of Public Works may waive the prohibition in this Subdivision for the
purpose of abating nuisances.
Subdivision 9. Enforcement
Licensed peace officers, reserve officers, and community service officers, employed
by the Police Department are authorized to issue administrative citations in
accordance with Section 4.60 Subdivision 3(B) of the City Code for the violation of
this Section.
Golden Valley City Code Page 4 of 4
§ 10.32
Section 10.32: Animals and Fowl-Keeping,
Transporting, Treatment, and Housing
Subdivision 1. Definitions
As used in this Section, the following definitions shall apply.
A. Farm Animals: Cattle, horses, mules, sheep, goats, swine, ponies, ducks,
geese, turkeys, guinea hens and honey bees.
B. Animals: Includes farm animals and all other animals, reptiles and feathered
birds or fowl except dogs, cats, gerbils, hamsters, hen chickens, and caged
household birds.
Subdivision 2. Keeping
It is unlawful for any person to keep or harbor any animal, not in transit, except (1)
animals kept as part of a show licensed under the City Code, or, (2) animals used in
a parade for which a license has been issued, or, (3) animals kept in a laboratory
for scientific or experimental purposes, or, (4) animals kept in an animal hospital or
clinic for treatment by a licensed veterinarian.
Subdivision 3. Keeping of Chickens
No person shall own, harbor, or keep within the City a hen chicken unless a ��
license for such chicken has been obtained pursuant to the provisions stated herein.
A. License
1. A license must be issued to single family residential properties.
2. Licenses must be obtained annually and have an expiration date of April
1.
3. License application fees are due upon submittal of the license application.
The fee will be established by City Council ordinance.
4. The City retains the right to deny or revoke any license application or
license renewal application if it deems the applicant unable or unwilling to
fulfill the provisions stated herein, for failure to comply with the provisions
of this section, submitting an inaccurate of incomplete license application,
if the conditions of the license are not met, if a nuisance is created, or if
the public health and safety would be unreasonably endangered by the
granting or renewing of such license.
Golden Valley City Code Page 1 of 4
§ 10.32
5. An initial inspection of the property, coop, and run is required prior to
issuance of a license, A similar inspection is also required for license
renewals.
6. The City retains the right to inspect the licensed property to ensure
compliance with the provisions of Section 10.32 at any time for any
reason.
B. General
1. The keeping of roosters is strictly prohibited.
2. No more than four (4) chickens shall be kept on any one property.
3. Chickens must be confined on the licensed premise at all times, in a
chicken coop or chicken run, and may not be kept in any part of the
principal dwelling, garage, front yard, or side yard for any amount of
time.
4. The butchering of chickens is prohibited.
5. All chicken grains and feed must be stored in a rodent proof container.
6. The use of chickens for cockfighting is prohibited.
C. Coop and Run
1. All chickens must be provided access to both a coop and run.
2. All fencing and electrical work associated with the chicken coop or run
must be consistent with the building and zoning codes with all appropriate
permits and licenses being obtained.
3. Any chicken coop or run shall be set back at least ten (10)_feet from the
principal dwelling, fifty (50) feet from principal dwellings on adjacent lots�
and ten (10) feet from the property line.
4. Any chicken coop or run shall be located closer to the principal dwelling of
the licensed property than to any principal dwelling on adjacent
properties.
5. Chicken coops must have maximum footprint area of ten (10) square feet
per chicken and a minimum footprint area of five (5) square feet per
chicken.
6. Chicken runs must have a maximum footprint area of twenty (20) square
feet per chicken and a minimum footprint area of ten (10) square feet per
chicken.
Golden Valley City Code Page 2 of 4
§ 10.32
7. The coop must be elevated a minimum of twelve (12) inches and may not
exceed a height of six (6) feet as measured from the ground.
8. No coop or run shall be located in any form of easement or right-of-way.
9. The coop and run must be completely enclosed and rodent proof.
10. The coop must provide adequate protection from the elements and must
be winterized.
D. Private Restrictions and Covenants on Property. Notwithstanding the issuance
of a license by the City, private restrictions or covenants on the use of
property shall remain enforceable. Private restricts include but are not limited
to deed restrictions, condominium master deed restrictions, neighborhood
association by-laws, and covenant declarations. A license issued to a person
whose premises are subject to private restrictions and/or covenants that
prohibit the keeping of chickens is void. The interpretation and enforcement
of the private restrictions is the sole responsibility of the private parties
involved.
Subdivision 4. Animals in Transit
It is unlawful for any person to transport animals unless they are (1) confined
within a vehicle, cage or other means of conveyance, or (2) restrained by means of
bridles, halters, ropes or other means of individual restraint.
Subdivision 5. Treatment
It is unlawful for any person to treat any animal as herein defined, or any other
animal, in a cruel or inhumane manner.
Subdivision 6. Housing
It is unlawful for any person to keep any animal as herein defined, or any other
animal, in any structure infested by rodents, vermin, flies or insects, or inadequate
for protection against the elements.
Subdivision 7. Trespasses
It is unlawful for any person to herd, drive or ride any animal over and upon any
grass, turF, boulevard, City park, cemetery, garden or lot without specific
permission therefor from the owner.
Subdivision 8. Trapping
It is unlawful for any person to, by means of any device or contrivance, catch, trap,
snare, or restrain any animal. Provided, however, that the Chief of Police or
Director of Public Works may waive the prohibition in this Subdivision for the
purpose of abating nuisances.
Golden Valley City Code Page 3 of 4
§ 10.32
Subdivision 9. Enforcement
Licensed peace officers, reserve ofFicers, and community service officers, employed
by the Police Department are authorized to issue administrative citations in
accordance with Section 4.60 Subdivision 3(B) of the City Code for the violation of
this Section.
Golden Valley City Code Page 4 of 4
Seaburg, Eric
From: City of Goiden Valley <no-reply@wufoo,com>
Sent: Tuesday, March 26, 2013 10:30 AM
To: Nesbitt, Lisa; Seaburg, Eric
Subjec� Feedback Form: Raising Chickens In Gaiden Valley[#66]
Name* Pamela Koene
Address 5 Natchez Ave N
*
C1ty* Golden Valley, MN 55422
Comments *
Although i am not part of the younger"sea of change", � hea�tily endorse giving the citizens of Golden Vailey ta right to
raise chickens, and haney bees if they so choose.To be warried about the threat of either is somewhat rtdiculous. if you
can have three dogs that cauid potentiafly in,jure or kitl people is it reasonable ta be so afraid af chickens and bees?
What sort of horrible crime would citizens be charged with if they did, in fact, harbor said chitkens and honey bees in our
batk yards?
Pollination is gaod, eggs are good. What a great way for kids to learn about the birds and the bees...
The next thing yau know, we will ali be growing fruits and vegetables in aur front yards!
The land my house sits on used to be a farm. Galden Valley is an agriculfiure city,we have just forgotten that whi(e busy
buidling strip malls and office complexes.
1
Cafl received on the MayorlCouncil line on Friday AAarch 22, 2013 at 12:44 pm
"My name is Eric Johnson, I live here in Golden VaNey and 1 wanted to raise the subject
of chickens here in Golden Valley.
I wanted to le# all of you know that 1 vehementiy opposed to this idea af having chickens
in a metropoiitan city. I think chickens are disgusting. ! grew up an a farm, it wasn't a big
farm like they are today. Yau know, a couple of free-range chickens hanging around
and it's disgusting. I'm quite disappointed that we are goofing off and spending our time
talking about shauld we raise chickens or not in the city. ! can point out other little
problems in this city such as the fact that I don't have curb and gutter and 1'm in a first
ring suburb of Minneapolis and 1 think tha# is embarrassing.
Anyways, I just wanted to let you guys know that I don't want chickens here. 1 hate them
and if chickens happen and I start seeing them I'rn going to consider leaving this city.
This is like silly.
Thank you for your time and I hope you all have a gaod day."
Second call received from the sarne caller at 12:48 pm
"Nello, this is Eric Johnson again and ! realized i forgot to give you my contact
information if any of you dscide to give me a call and converse more about the topic
with me and why 1'm opposed to chickens. I can be reached at 612-226-3590.
Thank you and have a good weekend."
���� ��
Police Department
763-593-8079/763-593-8098(fax)
Executive Summary
Golden Valley Council/Manager Meeting
April 9, 2013
Agenda Item
1. b. Revision to Section 10,32 - Definition of Animals
Prepared By
Stacy Carlson, Chief of Police
Summary
At the March Council/Manager meeting City Code Section 10.32- Animals and Fowl-Keeping was
discussed and a broader definition of"animal" was sought. This section has been revised for
consideration ta be more-inclusive of common household pets that are not permitted under the
current language.
Attachment
• Revised Section 10.32-Animals and Fowl Keeping (2 pages)
§ 10.32
Section 10.32: Animals and Fowl-Keeping,
Transporting, Treatment, and Hausing
Subdivision 1. Definitions
As used in this Section, the following definitions shall apply.
A. Farm Animals: Cattle, horses, mules, sheep, gaats, swine, ponies, ducks,
geese, turkeys, chickens, guinea hens and honey bees.
B. Animals: Includes farm animals and all other animals, �i+e� and feathered
birds or fowl except dogs, cats, ' , small rodents�rabbits�
ferrets, reptiles under 20 pounds non-poisonous amphibians, non-poisonous
snakes under 40 pounds, non-�oisonous invertebrates, �sh, and caged
household birds.
Subdivision 2. Keeping
It is unlawful for any person to keep or harbor any animal, not in transit, except (1)
animals kept as part of a show licensed under the City Code, or, (2) animals used in
a parade for which a permit has been issued, or, (3) animals kept in a laboratory
for scientific or experimental purposes, or, (4) animals kept in an animal hospital or
clinic for treatment by a licensed veterinarian.
Subdivision 3. Animals in Transit
It is unlawful for any person to transport animals unless they are (1) confined
within a vehicle, cage or other means of conveyance, or (2) restrained by means of
bridles, halters, ropes or other means of individual restraint.
Subdivision 4. Treatment
It is unlawful for any person to treat any animal as herein defined, or any other
animal, in a cruel or inhumane manner.
Subdivision 5. Housing
It is unlawful for any person to keep any animal as herein defined, or any other
animal, in any structure infested by rodents, vermin, flies or insects, or inadequate
for protection against the elements.
Subdivision 6. Trespasses
It is unlawful for any person to herd, drive or ride any animal over and upon any
grass, turf, boulevard, City park, cemetery, garden or lot without specific
permission therefor from the owner.
Subdivision 7. Trapping
It is unlawful for any person to, by means of any device or contrivance, catch, trap,
snare, or restrain any animal. Provided, however, that the '
Golden Valley City Code Page 1 of 2
§ 10.32
Chief of Police or Director of Public Works may waive the prohibition in this
Subdivision for the purpose of abating nuisances.
Subdivision 8. Enforcement
Licensed peace officers, reserve officers, and community service officers, employed
by the Police Department are authorized to issue
citations for the violation of this Section.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code Page 2 of 2
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Public Works Department
763-593-8030/763-593-3988{fax)
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Executive Summary
Golden Valley Council/Manager Meeting
April 9, 2013
Agenda Item
2. Revision of Municipal State Aid Street Routes
Prepared By
Jeannine Clancy, Director of Public Works
Jeff Oliver, PE, City Engineer
Mark Ray, PE, Engineer
Summary
In 1969, the Minnesota Legislature established a Municipal State Aid (MSA) street system for
cities with a population of 5,000 or more. The Minnesota State Statute 162,09 outlines criteria for
the designation of State Aid routes and limits designations to 20%of the total miles of city
streets. It is through this State Aid system that cities receive a distribution of the gas tax revenues
collected by the State. The annual allotments are distributed to cities based upon MSA
construction needs of the community and the population of the city. The Golden Valley MSA
system is essentially the same as the original designations established in 1969.
A staff review of the current Golden Valley MSA system identified the need for modifications to
provide more consistency with the functional classifications contained in the Comprehensive
Transportation Plan and compliance with State Aid standards. Streets that are included on the
MSA system must connect to trunk highways, County State Aid highway routes or other
municipal State Aid routes; and are typically classified as collectars, carry heavier traffic volumes
and connect major points of traffic interest.
The streets being considered for removal from the Golden Valley MSA system include residential
streets that no longer meet the statutory requirements; residential streets with portions
unconstructed and no City plans to complete the construction; and streets that do not carry truck
and traffic volumes appropriate for MSA designation.
Segments added to the system are either classified as major collectors on the City's Functional
Classification system or serve commercial and industrial areas. The proposed MSA additions are
in more dense commercial and industrial areas and will serve the associated vehicle and semi-
truck traffic. The proposed MSA revisions are as follows:
Streets to be Removed from MSA:
• Culver Road (Lilac Drive to Noble Avenue): Q.52 miles
• 23rd Avenue (Winnetka Avenue to Rhode Island Avenue): 0.11 miles
• Rhode Island Avenue (Medicine Lake Road to 23rd Avenue): 0.25 miles
• Western Avenue (Jersey Avenue North to Glenwood Avenue): 0.30 miles
� Edgewood Avenue South (Wayzata Boulevard to Florida Avenue South): 0.14 miles
• Duluth Street (Mendelssohn Avenue to Winnetka Avenue): 1.00 miles
Total Miles Removed = 2.32 miles
Miles Currently Undesignated MSA = 0.35 miles
Total Miles Available = 2.67 miles
Streets to be Added to MSA:
• Lilac Drive (Lindsay to Duluth): 0.71 miles
• Lilac Drive (Lindsay to Zane): 0.53 miles
• Decatur Avenue North (10th Avenue to 7th Avenue): 0.23 miles
• Hampshire Avenue South (Wayzata Boulevard to Laurel Avenue): 0.19 miles
• Market Street (Louisiana Avenue to Wayzata Boulevard): 0.19 miles
• Wayzata Boulevard (Market Street to Edgewood Avenue South): 0.31 miles
* Wayzata Boulevard/Pennsylvania Avenue South (Winnetka Avenue to Laurel Avenue);
0.49 miles
Total Miles Added = 2.65 miles
Undesignated MSA Mileage = 0.02 miles
To formally request the changes, the City Council needs to pass a resolution of support.
Attachments
• Location map (1 page)
• Functional Classification map (1 page)
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Public Works Department
763-593-8030/763-593-3988{faxj
Executive Summary
Golden Valley Council/Manager Meeting
April 9, 2013
Agenda Item
3. Minnesota Department of Transportation Corridor Investment Management Strategy Pilot
Solicitation Application
Prepared By
Jeannine Clancy, Director of Public Works
leff Oliver, PE, City Engineer
Mark Ray, PE, Engineer
Summary
The Minnesota Department of Transportation (MnDOT) is soliciting applications for its Corridor
Investment Management Strategy (CIMS) Pilot Program. The program came from MnDOT's
Minnesota GO Visioning process and are intended to focus on projects that improve quality of
life, environmental health or economic competitiveness, but are unlikely to be addressed through
the normal programming processes.
MnDOT anticipates funding $30 million projects overall with individual projects eligible for a
minimum of$200,000 and a maximum of$10 million. The program will fund up to 90% of a
project cost with the remaining 10% coming from local resources. Proposed projects with more
than 10% in local funding will score better. Applications are due by April 30, 2013.
The City has identified five intersection projects along Trunk Highway 55 that will support local
redevelopment, are part of a larger City project, or will reduce delay for vehicles traveling to
destinations within Golden Valley. Required letters of support are also being obtained from
Hennepin County, Metropolitan Council, and MnDOT.
If the Council supports the application, staff will bring a resotution of support before the City
Council at the April 16, 2013 City Council meeting.
Gl�`y �7� , ,�,,
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Plannin D e artment
� r
763-593-8095/763-593-8109(fax)
Executive Summary
Golden Valley Council/Manager Meeting
April 9, 2013
Agenda Item
4. Douglas Drive Former Moratorium Study Area - New Zoning District
Prepared By
Mark Grimes, Director of Community Development
Summary
The Community Development Department is recommending that the City Council consider
changing the zoning of the former pouglas Drive moratorium area (see attached map)from
Industrial to a performance zoning district. The purpose of a performance zoning district is to
allow uses based on intensity af development rather than use. The City would rely on measures
such as height, traffic generation, floor area ratio, environmental compatibility, energy
consumption and impervious surface coverage.
After studying this area for the past couple of years, a new type of more flexible zoning seems to
make sense for this location. At the current time the properties are zoned Industrial. This zoning
district allows industrial and office uses but does not permit residential, mixed use or retail uses.
Because of its location along TH 55 and Douglas Drive, there has been interest by the
development community for uses that may not be specifically permitted in the Industrial zoning
district. These uses include retail, higher density housing and mixed use developments.
Performance Zoning has been applied successfully throughout the US and in the Twin Cities area.
The City of White Bear Lake has two performance zoning districts. I was the Planning Director in
White Bear Lake in 1983 when the City adopted the Performance Zoning district for an area of
the City north of Highway 96 and east of I-35E. The reason for adoption of the performance
zoning for that area was due to the unique characteristics of the area (good freeway access but
next to a lake and wetlands) and the desire by the City to encourage development in a way that
would be environmentally sensitive.
There was opposition to using standard zoning for the area that could overburden the road and
utility systems in the area. There was also concern from neighbors about impact of development
on nearby Birch Lake. By using performance zoning, the City gave the development community
flexibility in land uses, but at the same time established specific requirements (performance
standards) for development. Every development in a performance zoning district would be
required to obtain a Conditional Use Permit in order to specify how the performance standards
are met. The City could also have the option to specifically prohibit certain uses in the
performance zoning district such as auto repair.
At this time, staff would like to get direction from the City Council to work with the Planning
Commission to develop performance zoning criteria for the former pouglas Drive Moratorium
area.
Attachment
Location Map (1 page)
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City Adminisfiration/Council
763-593-8003/763-593-8109(fax)
Executive Summary
Golden Valley Council/Manager Meeting
April 9, 2013
Agenda Item
5. Schuller's Tavern Request for Outdoor Patio
Prepared By
Thomas Burt, City Manager
Summary
Council Member Clausen requested this item be placed on the agenda to discuss the request
from Schuller's Tavern for an outdoor patio. Staff is requesting direction from the Council
regarding the creation of a new zoning district that would allow the patio.
Attachment
• Executive Summary dated lune 12, 2012 (3 pages)
L't��' (��
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Planning Department
763-593-8095/763-593-8109(fax)
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Executive Summary
Golden Valley Council/Manager Meeting
June 12, 2012
Agenda Item
3. General Land Use Plan Map Amendment Request -Schuller's Tavern - 7345 Country Club Drive
Prepared By
Jae Hogeboom, City Planner
Summary
Schuller's Tavern, located at 7345 Country Club Drive, has requested to amend the City`s General
Land Use Plan Map in order to ultimately construct an onsite patio. Schuller's Tavern is currently
designated on the City's General Land Use Plan Map as "Low Density Residential." It is zoned "R-1
Single Family Residential." Therefore, as a restaurant and bar, it is a legally non-conforming land
use. State Statute 462.357 defines a legally non-conforming land �use as:
"The lawful use or occupation of land or premises existing at the time of the adoption of
an additional control (which) may be continued, including through repair, replacement,
restoration, maintenance, or improvement, but not including expansion."
Statutory language provides for replacement of legally non-conforming land uses if they are
damaged by fire or other disaster, but it does not permit for an "expansion" of the use.
Construction of a patio intended for outdoor dining, drinking, smoking, etc. at Schuller's Tavern
would expand the use of the establishment beyond its current capacity. Therefore, under the
provisions of the current land use and zoning controls, Schuller's Tavern may not construct a
patio. Schuller's Tavern is legally entitted to make improvements to its existing amenities.
If the majority of the City Cauncil agrees to hold a public hearing to amend the General Land Use
Plan Map, the Planning Commission and the City Council could hold hearings to designate the
Schuller's Tavern property to "Commercial—Retail." If the land use designation change were to
be approved, the property owner would have the right to petition the City Council to rezone the
property to "Commercial." Because bars are only permitted in the Commercial Zoning District
with a Conditional Use Permit (CUP), a permit would have to then be obtained from the City
Council, via the Planning Commission, in order for the restaurant to be expanded in any way. A
CUP for the property would have to be obtained if a patio were ta be constructed, The City would
have the ability to restrict hours of operation,traffic and parking situations and other items
through the issuance of a CUP. Property owners within 500 feet of Schuller`s Tavern wauld be
invited to all public hearings.
Schuller's Tavern does not meet setback requirements for the Commercial Zoning District.
Because it is located on a triangular shaped lot, the property is subject to front yard setback
requirements along both Country Club Drive and Glenwood Avenue. If Schuller's Tavern were ta
expand by adding a patio,the property would have to go before the Board of Zoning Appeals and
obtain variances to bring the existing property into conformance with City Code. All new
additions, including a patio, would either have to meet current setback regulations, or would
need variances to City Code.
In addition to land use and zoning-related issues, there are several other items that would need
to be addressed should Schuller's Tavern move ahead with the addition of a patio. First, City Code
requires all buildings that are involved in planning-related approval processes to be compliant
with the City's Inflow and Infiltration requirements. That would mean that Schuller's Tavern's
sewer service wauld have to be inspected and, if a deficiency is found, repaired or replaced.
Second, if any seating area is added to a restaurant, the Metropolitan Council Environmental
Services Division may require that the business pay an additional Sewer Access Charge (SAC). The
assumption is that an increase in seating areas means that there will be more customers using
onsite sanitary sewer services,
Finally, if alcohol is to be served and/or consumed on the patio, there may be additional
requirements that are associated with the onsite liquor license. For example, fencing of the area
may be a requirement of the liquor license. Certain liquor licensing requirements, such as
fencing, may conflict with zoning requirements, necessitating additional variances.
Because of the variety of land use, zoning, and other issues concerning Schuller's Tavern, it will
be a lengthy process in order to approve an addition of an outdoor patio. It will involve multiple
public hearings of the Planning Commission, the City Council and the Board of Zoning Appeals.
The Planning Department would work with Schuller's Tavern through these processes. The first
step would be for the majority of the City Council to agree to move forward with amending the
Comprehensive Plan to designate Schuller's Tavern as "Commercial-Retail" on the General Land
Use Plan Map. Staff seeks direction from the City Council in this matter.
Attachments
• Email from Ramez Jacob dated May 24, 2012 (1 page)
tiogeboom, Joe
From: Ray lacob <rzmpcorp@yahoo,com>
Sen� Thursday, May 24, 2012 11�11 AM
To: Mogeboom, Joe
Subject: Schullers Patia
City�ouncil of Golden Valley,
We would like to request to change owr zoning from residential to commercial-retaiUserr.ice. The reason for
this change is to apply for a patio for outdoar service. We would like this patio to be on the west side of aur
building and to have approximately 12-I S tables, Our hours of operation would be fzom l lam-9pm. Thas
would be a designated no smaking area due to food service. The area would be landscaped and fenced due to
an}•regu]ations from the city,
Thank }�ou,
Ramez Jacob
Schutlers Tavern
'1345 Country Club Dr,
Golden Valley, MN 55427
Fhone: 7b3-54S-9972
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