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10-13-14 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, October 13, 2014 7 pm 1. Approval of Minutes September 22, 2014, Regular Planning Commission Meeting 2. Informal Public Hearing — Minor Subdivision — 108 Brunswick Ave N — Brunswick Estates — SU12-17 Applicant: Wooddale Edina LLC Address: 108 Brunswick Avenue North Purpose: To reconfigure the existing single family residential lot into two new single family residential lots. 3. Discussion Regarding Recycling Centers --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 5. Other Business • Council Liaison Report 6. Adjournment �� This�i��cum�nt is available in alternate formats upon.a 72-hour r�quest.Please call �� 763-593-8Q�lb'(7TY:7b3-593-3968)ttr;make a request. Examples of alternate fprmat5 ` may ir�etude large�rint,electranic,B�raille,audiocass�tke,ete. Regular Meeting of the Golden Valley Planning Commission September 22, 2014 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, September 22, 2014. Chair Kluchka called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blum, Cera, Kluchka, Segelbaum and Waldhauser. Also present was Planning Manager Jason Zimmerm� ��sociate Planner/Grant Writer Emily Goellner, and Administrative Assistant Lis =;�/ittmar��.� ��x� � �� 1. Approval of Minutes �,;;_ �� : �� r;; �� September 8, 2014, Regular Planning Commission M e�r�tg .x �, �� '� ,�� ;�� 2�� Waldhauser referred to page 6 and stated that the mo�i,on ma��for tF�i� ��nnyridge Woods subdivision proposal should include the condition reg�rdi�tg shi�ing the west property on Lot 3, 5 feet further to the west. , ,:�� f�, � ��,a?;�s 8, �...... . . Baker referred to page 5 and stated that he did r�� sugges��abling the Sunnyridge Woods proposal. He said Chair Kluchka as�� hiri�l�� he was`suggesting tabling the proposal, but he said no, he would be v�ting a�ainst`��`e�proposal due to the pending k, moratorium discussion by City CounciJ. ` �i� w` Waldhauser referred to the discf��ion r'�gardifnc� the Lock Up storage business and asked that her comment be clarifie:d #o,,s�at� #�i�t there was an opportunity to rezone that property, however, the ut��y ancll� cc�ss issues with this property would have been very expensive for the City to ac�r�res�� ° t.� � � � � � ��_ . � MOVED by Cera, se��c��d b��, � aldhauser and motion carried unanimously to approve the September��, 20�� rrii�ute �vi�ith the above noted corrections. � �, ,�;,. �� #�� : 2. Infor �al P��r��c �1. aring — Final PUD Plan Review— Trevilla Complex, PUD #��2,A� ��enc��nt�2 � :�� . Ap�p(i�n��':£ Albert Miller �� ;� _�� ddres�� 7475 Country Club Drive � �i�� Purpose: To convert the vacant 60-unit senior living facility into a 111-unit assisted living and memory care facility. Zimmerman explained the applicant's request to expand the existing vacant senior living facility from 60 units to 110 units, not 111 units as stated in the application materials. He stated that the proposed expansion includes finro and three story additions with secure gardens/patios on the north and east ends of the existing building. Minutes of the Golden Valley Planning Commission September 22, 2014 Page 2 Zimmerman discussed the parking requirements and stated that there are currently 35 parking spaces on the property. He explained that 23 spaces are required and 28 spaces are being proposed. He stated that the applicant is also proposing additional screening for the single family home to the northeast and the multi-family buildings to the south. Zimmerman referred to a site plan of the property and discussed how the proposal compares to the underlying zoning district requirements. He stated that the side yard setback along the west will be 12.5 feet instead of 50 feet with a 25 foot landscaped buffer, however it will be no closer to the west side property line than the curre � buil��ng. He stated that the setback along the south property line will be 25 feet rather tha r��3 feet��?d the front yard setback will be 31 feet rather than 35 feet which is consisten ��ith°t��e neighk� ring building. He stated that the new parking lot will be 17 feet from t,�� side I��e r �er than providing a 25 foot landscaped butter, and the lot coverage wil��e 27°��ratfi�� n the 25% allowed in the Insti#utional zoning district. �=o �r �� '�� ,�� Segelbaum asked if the proposed amount of impervio��urfac��chan�� between the Preliminary PUD review and the Final PUD review.��,�, me�� st�ted that the amount of impervious surFace increased slightly from the Pr�liminary Plan�;'but the applicant has stated that they are going to use pervious pavers wher�ver they ��n. r�� Link Wilson, Kaas Wilson architects, dis �ssed�° he�� , �r� of impervious surFace on the site and stated that there will be an underg�q� nd in��ration system installed. He referred to the number of proposed units and exp�a��n� � � '�' �'�� a�;the nur��er of units has been reduced in order to have larger common areas m fil�e buif�ing:��,�� ,� e�� 3.��` Cera asked about the locati�n��bf;sno,�r°�torage on the property. Wilson stated that there is some space on the east��de of the pr�`perty that can be used for snow storage. Otherwise, if there is a significant am�c��t�t �f��now thiey may have to haul it off site. �� Waldhauser asked � ��sor� �Q ex�I�in how the surface water will drain off the site. Wilson said the water fif��Zws fr�ams �rth�et�southeast on the site. He said they will be improving the rate control, and vV�� be.d�ing some terracing of the slope on the neighboring property and adding ca�k��b ins�� w�ll. �� _; Segelbau��, ot�� that during the Preliminary PUD review it was mentioned that a portion of th��esiden��ou��;be eligible for subsidies. He asked if that has changed. Wilson said that has r�t�t changed. �� Baker ask��l°Wilson if anything has changed in relation to the existing house to the north. Wilson said no, and added that he thinks they'll be able solve some of the erosion issues the neighboring property has been having. Blum asked Wilson to explain how they will prevent patient walkaways. Wilson said it is a misnomer that people can just walk away. He explained that the memory care units will be on the second and third floors with their own screened-in deck area. He said there is also Minutes of the Golden Valley Planning Commission September 22, 2014 Page 3 door security and a wrist band system so staff will know the residents whereabouts at all times. Kluchka opened the public hearing. Seeing and hearing no one wishing to comment, Kluchka closed the public hearing. Waldhauser said it is exciting to have a facility like this in Golden Valley and the applicant has done a good job of making it fit. Cera agreed and said he is glad a vacant facility will be used. Segelbaum agreed and commended the applicant for being a go��;��i�� bor. Kluchka said he is comfortable with the proposed snow storage areas and pe�'c�us su�� e techniques being proposed on the site. q�, �� , �� MOVED by Cera, seconded by Segelbaum and motion carried�unanir��iuslyE�pz�� recommend approval of the Final PUD Plan for Trevilla Complex, PUD #72,,.e ` E ;�� Amendment #2, subject to the following findings and conditions: °`� , �. �r �°f. Findinqs: �, ,,: , � �� ,� �.u; 1. The PUD plan is tailored to the specific characteris�ie� �f th�'sit� and achieves a higher quality of site planning and design that� generally;expected under conventional provisions of the ordinanc ��€��x �� 2. The PUD plan preserves and protects�`s`�ibs��nti�l��r�ble portions of the site's characteristics, open space and sen��ive environm��i'tal features including steep slopes, trees, scenic views, cre��s��>�,w�'� �ds; at�d:�pen waters. 3. The PUD plan includes efficisr;�'�and°��ffe�'�re use (which includes preservation) of the land. � �°�� 4. The PUD Plan results in��ev,�lopment compatible with adjacent uses and is consistent with the Ca��preh�i-�sive:Plan and redevelopment plans and goals. 5. The PUD plan is consis�ent��t�h pres�crving and improving the general health, safety and general welfar�Eof th`��eople of the City. 6. The PUD plan m�� zts=�tk��4PU�p�lntent and Purpose provision and all other PUD ordinance provisio�� i . ; �� Condition �� t_ s 1. Th�� ans��re�pa�ei� b,y`�Cass Wilson architects and submitted with the application on i� Augu ��1,��14, shall become a part of this approval. 2. ��he rec i��ne�i�ations and requirements outlined in the memo from the Fire �� artmen�.�o Jason Zimmerman, Planning Manager, dated September 15, 2014, sha�I�J��c� 4�e a part of this approval. 3. The reco��nendations and requirements outlined in the memo from the Engineering Division to Jason Zimmerman, Planning Manager, dated September 15, 2014, shall become a part of this approval. 4. All signage must rr�eet the requirements of the City's Sign Code (Section 4.20). 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Minutes of the Golden Valley Planning Commission September 22, 2014 Page 4 3. Informal Public Hearing — Preliminary PUD Plan — Marie's Woods — 7200 and 7218 Harold Avenue — PU-119 Applicant: Peter Knaeble Address: 7200 and 7218 Harold Avenue Purpose: To allow for the reconfiguration of the two existing single family properties into a new five-lot single family developm�� ,�� Zimmerman explained the applicant's proposal to develop five sin�l� ��n�es on �� existing single family lots totaling 1.6 acres. He stated that the d ��ity wo�t�� be ` �125 units per acre and that the R-2 zoning district allows up to 8 uni ��per �Sre.'F�I��x�ed that all five proposed new homes would have direct access onto��`-la�'old� ��enue and that the applicant is proposing a tree conservation easement area on��►e b��k (nort�� half of the properties. �°e �k� `��` _� _, Zimmerman discussed how this PUD proposal v�ries fror�n the R � zoning district requirements. He stated that the lot width requirement in fhe R-2 zoning district is 100 feet. Four of the proposed lots would be 42 �� t wi�e and one lot would be 55.2 feet wide. He stated that the side yard setba�;l��r�e`c��irem�;nt in the R-2 zoning district is 15 feet. The applicant is proposing a 5 foot'�etback on the west side, and an 8 foot setback on the east side of each lot. Zimmer,,r� n�added'thatthere is also a requirement in the � PUD section of the Zoning Code�r�� b ��g rn�ta whichP states that no building shall be closer than its height to the side��d pr�4perty�� abutting a single family zoning district. Zimmerman stated that st ff is r�omi��nding denial of the PUD proposal because it does not meet the neces' �ry fir�� ngs to9��pprove a PUD. Specifically, it does not achieve a high quality of site.planning,E��fiails to preserve high quality features, it does not demonstrate efficient,Use;Qf lani�:,and it does not meet the PUD Intent and Purpose provision. c�� rX` `� �� e�� Kluchka referred to�the P,�1D language stating that no building shall be closer than its � � �< �� :. height tp�the side y�r�,�roperty line and asked if the intent was not to have a building next to a�� 1`�p��Operty: Zimmerman stated that the City can't offer flexibility from the PUI� requir��ent��ike it can from the underlying zoning code requirements. Segelbaum saicl�i�:�s an in�tarpretation issue. He noted that the language says that no building shall .�� be closer��han.�ifs height to the side yard property line abutting a single family zoning district. In �� case the subject property abuts an R-2 zoning district. Zimmerman agreed that an interpretation is needed and added that both single family homes and twin homes are allowed in the R-2 zoning district. Segelbaum asked if it is appropriate for the Planning Commission to offer an interpretation. Zimmerman said yes. Baker asked about the distance befinreen the existing home at 7236 Harold Avenue and the proposed new house on Lot 1. Zimmerman said there would be approximately 15 Minutes of the Golden Valley Planning Commission September 22, 2014 Page 5 feet between the existing house (7236 Harold Avenue) and the proposed new house on Lot 1. Segelbaum referred to the site plan and noted the staggered front yard setback lines. He asked if the applicant will have control over where the houses are placed on the lots, or if the City would just be approving a building envelope area. Zimmerman stated that the PUD Permit could say where the building envelopes can be located. Segelbaum asked if a cul-de-sac plan is viable. Zimmerman said staff h�� n plans for a cul-de-sac with seven or eight homes. He said there is some concerj;r about�tl� neighbors objecting to the density and there has been some push-bacl��om the� � applicant about the cost of the cul-de-sac plan, but a cul-de-sac ��iuld be s aff's � � � ��' ,�,� � �� preference. §�� ;��'�_: � _ � ,�� Pete Knaeble, Applicant, said he has spent months trying to a�� ro�r��tel��velop this site. He handed out drawings of other options he has proposed'��at w��e`not looked at favorably by the City Council. He referred to the c��-c�e-sac optio�i;and said he likes the idea of more density, but there are some significai�t issu��s,��that'�ar�'.not appropriate for this site, and the neighbors are adamant about not wantin�� cul-de-sac. He added that the cul-de-sac option would also place the#�c��r�es�closer to �lighway 55. He said there will be five unique, custom built homes and he �I�ready hasn;�hree interested families who like the cluster of trees in the back, and the par � in the front. He said he disagrees with staff comments especially that the p�4posal ctoes not rneet the findings necessary to approve a PUD. He said this typ ;�if project��,�� perFect use for a PUD and the neighbors will support this proposal becau�e��f th�.high hame values. � �� '` `�� e G Knaeble referred to staff��concer� ab�ut five curb cuts on Harold Avenue and said he would be able to build two��y�n��omes o`n'this property without any approvals, which tells him that he is entitl �� four �i� b cuts. He is asking for one more curb cut which should � � �� , not be an issue. �� ;�� y Knaeble referre� �� the�vooded area along Highway 55 on the north part of these propertie��n¢,� id��th�i�ks it is an important buffer to this neighborhood that is being ,; downpl�� c��n_ ��[r�ged. He added that he thinks this green area along Highway 55 should b��otected from Glenwood Avenue to Winnetka Avenue because the green sp��e is cnt��l. H�pstated that these trees are not just low quality trees, there are some higli q� �ality tr��s that have a high value and are an important part of this proposal. He said 7��1� f th�trees will remain and 60% of the trees would be in the proposed tree conserva�i�ri�easement area. Knaeble stated that another issue with the cul-de-sac would be the amount of impervious surface. He said he is proposing 16% impervious surface coverage, and the cul-de-sac would be double that amount. He stated that the City Engineer has said there are downstream flooding issues and he thinks adding additional impervious surFace is not a correct response to that issue. Minutes of the Golder� Valley Planning Commission September 22, 2014 Page 6 Knaeble referred to staff's comment about the majority of the view of the proposed new homes from the street would be garage doors. He disagreed with that and showed the Commissioners drawings of possible types of homes that could be built and reiterated that the homes will be custom designed. Knaeble referred to the findings used to approve a PUD and said he disagrees with staff stating that he doesn't meet four of them. He said he thinks this is a unique project that does have a high quality site plan that preserves and protects site features by placing half of the property in an easement area, and protects wetland areas a� �`s�� slopes. He said he is shocked by staff's recommendation and he doesn't kno��hat e� he could do above and beyond what he is proposing. He stated that � ff ne�ds to � � remember the scenic view that will be protected along Highway, ��Knae�le_refe �ed to � the finding regarding the efficient use of land and said the wa��ie designed`tl��roposal couldn't be any more efficient because he is using existing st�reets�p��d utiliti�s. He said from his perspective, he is being efficient because a cul-de-sac woul� be.$250,000 and it is not necessary to spend that money for a cul-de-sac�fhat the G�ty w��d'have to own and maintain forever. �� ,,� ��, � _ ;;, i�, Segelbaum asked Knaeble to comment on the RUD language which states that no building shall be closer than its height to the s�de�y�rd prop�;rty line. Knaeble said he spoke with his attorney and other planne��'and'eng�� r� ��nd they all think that language pertains to taller buildings bein� pla�,�d next�o�"sLingle family residential properties. He said he thinks that p��fi�qf fhe„�'�l�D�fanguage is not appropriate for this development. r;�� `"� �� ` r, Segelbaum asked Knaeble,��.�bo�t£t��istance between the houses. Knaeble said the distance varies from 13 tQ�� feet.3 § �` E, < ��,, ;� Segelbaum asked �r��eble tc� discuss other reasons he has discounted the cul-de-sac option. Knaeble sai��h�„e�r'Atants to� edevelop this property, and he may end up doing the cul-de-sac opti��n, but he does��iink it s appropriate in this case. He said the lot sizes wouldn t meet th�� and�rd in the R-1 zoning district, a cul-de-sac would double the amount ofi��rt�e� �i��su�face, and would not be a good use of this site. He added that if Highwa�� 5 rr��s�i��`��n�� ue he would agree with the cul-de-sac option, but the homes won't be a�� a��ble if t�ey are placed closer to Highway 55 so he thinks his current prti'��sal is�b��ter��,�. .�� % '� � Cera asC� d Kt��eble if he has given any thought to acquiring additional lots. Knaeble said yes.�'��Said the neighbors to the east are not in a position to sell, and he hasn't pursued the neighbor to the west. He reiterated that he thinks small, single family lots are the best way to develop this area, not multiple cul-de-sacs that remove the buffer of trees along Highway 55. Waldhauser asked Knaeble why the neighbors have said they don't like the cul-de-sac option. Knaeble said that the average value of the homes would be significantly lower with seven lots on a cul-de-sac, closer to Highway 55, than five smaller single family lots. Minutes of the Golden Valley Planning Commission September 22, 2014 Page 7 Waldhauser asked about the size of the proposed homes. Knaeble said they would be approximately 2,000 to 2,400 square feet in size. Cera asked Knaeble if he has considered building a shorter cul-de-sac, further away from Highway 55. Knaeble said yes, but from a cost and design point of view, it is more efficient and better for the environment to develop five lots. Baker noted that Knaeble said he would not be able to sell the proposed homes because they would be closer to Highway 55, but then he said he wouldn't consi ��'" r homes in a shorter cul-de-sac format that would place the homes further awa�= �rom I��way 55. Knaeble said the cul-de-sac would still have to be built, and he do��n'�� ink that` ` a �� good trade off. He questioned building a new cul-de-sac to serv��five hom� wh � 'the infrastructure already exists on Harold Avenue. Baker stated ti�:�# of th��nin ��' es on the north side of Harold Avenue, only one of them is close ta'�lighwaj�55 w �icf� tells him �; there is a desire to build away from Highway 55. Knaeble agre�d an�i add�� that there is also a desire to save trees, and to build the homes clos��-.to th��park:��er said there appears to be little market for homes close to Highw�� ;gfl�q��he:idea of a tree conservation easement is not so much an ameni�,�as�i��i�,a ne�e��ity to make the proposed development marketable. Knaeble reiferated tha�`the view of the trees along Highway 55 is important and should not be �Q�nrnp��yed. ,; a . Kluchka asked who currently owns the p�operties in this��proposal. Knaeble said he owns the lot on the west at 7218 Harold ��u��a��i Fred �ross owns the lot on the east at 7200 Harold Avenue. Kluchka asl��d Kr1� eble:if the City is asking him to develop these properties. Knaeble said no. Klucl��a s��ed thafi nobody is asking for these properties to be redeveloped except for��,ople who own them. Knaeble said he doesn t think that's true because the Gity rezo�t�d tFi�se properties to R-2 to encourage higher density and additional housing in t�t��s ar��. t�„-, ��I�'� Kluchka opened the��ub�ic heari'; � �� '��. Larry Kueny, 730��tid�` iivay Road, said nobody in the neighborhood wants the cul-de- sac optior��id�t�� al plan would be to tear down the two existing homes and ,�, build tw' ev��ho�ii��t the properties are zoned R-2 and the City wants higher density.�� Said�£the houses will be very close together, but a good architect can make it lot��=�ice. �e��ai�� loves the existing buffer of trees on these properties and if they are cut do�nrn he w�� be able to see and hear every car on Highway 55. He said the proposed plan isn'� perfe��t, but he supports it. Segelbaum asked Kueny if he is concerned about the parking situation in the neighborhood with the proposed additional curb cuts and the number of events that are held at Lions Park. Kueny said no. He stated that there are four softball tournaments a year and two or three soccer tournaments a year, but the parking is not a problem by his end of the park. Minutes of the Golden Valley Planning Commission September 22, 2014 Page 8 Perry Thom, 320 Louisiana Avenue North, said he wouldn't be concerned about the parking issues with the addition of five driveways because parking isn't allowed on the north side of Harold Avenue so nothing would be affected. He said he really appreciates Knaeble's efforts to include the neighbors in this proposal. He said he loves the neighborhood and there is an opportunity to have a real gem here. He said homes in a cul-de-sac would be less than desirable. He said they would not be high valued homes and he sees that as nothing but a drag on the neighborhood, and a transient opportunity. He said the City forcing the community to take homes they don't want isn't appropriate and he doesn't appreciate the cul-de-sac idea because it will eliminate a�lt�'ii��ll of the trees and lower property values. �� > Fred Gross, 7200 Harold Avenue, said he has been renting out this�prop��for��e last 13 years. He said he is ambivalent about selling his house because i ��is pro�c��al doesn't happen he will just continue to rent out the house H��said �t�� iron qf this whole thing is that the best time to approve a proposal is when you h��ve a:�ooc��oposal, even though it doesn't meet all of the requirements. He said�tl��e isn't_one��tonwood tree on these properties and thinks this would be a wonder��l �roj��tx�� , rc' B i � d�� a Lynn Schneider, 310 Louisiana Avenue North, said she loves the wetland area and the buffer of the trees, and she thinks it's pretty� ,,�en she sees��ees on Highway 55. y�� ` ��; e €i€(��;��° Fred Gross, 7200 Harold Avenue, stated.�,hat tk�� last proposal for this site was recommended for approval by staff bu��wa��enied��animously by the Planning Commission, and now this prop�s��la is bein ��commended for denial by staff. He said to look at the viability of the project'"and app`rove it. : _ $� �a ��r�� , �� Seeing and hearing no o�� else uv�shir�g to comment, Kluchka closed the public hearing. Cera said he thinks�th� Plan�r��ig Commission's concerns are the width of the lots and the setbacks. He asl�tl��Cr�aeble��he had considered four lots instead of five. Knaeble said he did con��fder fo�ur l��;��;�t�he thinks five lots fit, are appropriate, and maximize the density. Cera a�ked, if four lots would allow for larger setbacks. Knaeble said he doesn't thi'r�` ��re is� s� �ack issue. He said his proposal is not unlike the recent develop�e��n�Rho��s��nd Avenue just down the street. Those homes are 15 feet apart, ancl��is ��osed homes would be 13 feet apart. wEgg P`P�� "��. Kluc�i�� asked��he Commissioners how they felt about four lots, versus five lots. Baker said he� u�� e to hear about the applicant's other options. Segelbaum said this is the option the� licant prefers, and he would like to focus on this o ption in front of them. Waldhauser said she believes part of the reason the City is trying to encourage higher density is for affordability, not just for increased density. She said it concerns her that when the City has these opportunities to increase density they continue to keep trying to maintain the same size and the same price point for new homes as the homes in the surrounding neighborhood. She said she can understand why the developer and the neighbors don't want that, but it flies in the face of the goal of increasing density. She Minutes of the Golden Valley Planning Commission September 22, 2014 Page 9 said she would like to have a conversation as a City, and not just as each new development comes up. Baker agreed and said that is why he wants to see the other options. He said the City needs other affordable options. Segelbaum said he doesn't want to discourage the conversation, he just wants to explore the options amongst the Commission, not necessarily with the applicant, because the applicant has submitted what he wants to do. Kluchka said unless there is an economic incentive from the City, more affordable houses aren't going to be built. Baker said affordable housing has many euphemisms. He said he is not talking about low income, subsidized housing, just something other than $500,000 homes. Kluchka said the economic rea ��t a house can't be torn down and replaced with a new $200,000 house and still,#�� profita�ile to a developer. He added that the expectation of replacing homes with;I�we��priced hE� es is not the right expectation to have. �� t;��a E��g� � y� � ��a ��p�= � :� Cera asked about the price of the recently constructed home�o'r��Rh�de Isl nd Avenue. Zimmerman said he thinks they were approximately $350,000`,to $40Q,00�� ; ,��, Kluchka asked about the width of lots and the setbacks in`t�it� l.at�rel Ponds proposal on Pennsylvania Avenue. Zimmerman said the lots in tha�t��'r,��,�osal aC� 36 feet wide with 10 feet of separation between the houses. Cera stated that th`��Laurel Ponds proposal is a transitional site and that this proposal is in th� mit��le of a s��gle family residential neighborhood. �:��' � � ��E: �,� � Waldhauser said she understands the;ecau�qrr�ic�difi��ities with the cul-de-sac, but it would seem much more appeali��to he �to�f�a,ye a couple of cul-de-sac developments than row housing. "E ,;�' h3Ak ��',��l�P� ' ' Baker said he is a fan of,tr£ es, arid he:��lieves they are a buffer for the neighborhood, �� ;� , � �. but he feels that saving th ��-ees isn t driving the decision to build the houses further away from Highway 5�t, there`�ust isn't a desire to build the houses right next to the highway. Kluchka agre�d ��d added that asking the City to maintain a tree conservation area isn't viabl��vhenithe��r��Se��ivould more than likely be built further away from Highway 55 anyw�y. Zi�merman added that the City isn't saying that the trees aren't important�pr Sh��ld�e,re�i'�oved. The City just doesn't want to be responsible for the conser�r��ior��ser��r��nrhen private covenants could accomplish the same goal. �� Klu�#�ka aske�:th��ommissioners how to interpret the language that states no building sha��k�� closer��an its height to the side yard property line. Waldhauser said she feels a residenti� .Pl�� is very different from other types of PUDs. She questioned what should regulate h��t versus setback for this property because in the R-1 district there is a tie between the height and the setback so she is not sure what to use as a guideline in this case. Kluchka said there was two years of research and debate on correct setbacks and massing management, and the character of neighborhoods. He said he'd rather see a high quality development of the area as a whole, and he is not sure this proposal fits. Baker agreed and said having homes that are 13 feet apart is dramatically different from what is there now. Kluchka said he thinks the PUD language regarding height and setbacks is relevant. Segelbaum said he thinks the height/setback language was meant Minutes of the Golden Valley Planning Commission September 22, 2014 Page 10 for a larger development PUD next to a single family home. He said this isn't a large development, but it is right up next to a single family home. Baker said they need to think about ways to encourage overlay districts to make this type of development more possible, but this proposal doesn't fit today's situation. Kluchka questioned if the City would rather have this design, or a twin home design as intended in the R-2 zoning district. Baker said a finrin home might be a more efficient use of the land. Kluchka agreed. Waldhauser stated that developers have said it is much more difficult to market a twin home than a small house on a small lot �� ;�_�� , � Segelbaum said he's not sure what type of development would fit��?�re��M� said i�' clear the neighbors don't want a cul-de-sac, but that doesn't mean th�r��'aren't i�� er p��sible uses, including not developing it at aIL �� n�� _� 9 `�� §x� ��3 ��'� � Kluchka questioned if this proposal rises to the level of a PUD�i� te'�ms of�`I�I�owing flexibility, but also getting something for the City in ret��u��le s�td for��i��r, this proposal does not rise to that level and he would rather see t�e.prop�it�� us�ed as intended for twin homes, or maybe four single family homes instead'of five; Cera��a�'reed that the development doesn't feel complete and maybe if:the proposal included more properties he might feel differently. Waldhauser said sh��doesn't think�that the City can ask a developer to wait until every property is ��r sal��Baker sait��that is why he is interested in overlay districts. He said in its current C�intext�f�p��s prop;osal is hard to accept. `, :�� Blum referred to the quality of si��planrrtng ��d design as required by the PUD ordinance and noted that the app'l��aant has said that language is subjective. He said he thinks one way that could ��rri4r�e`�i��ctive, is by comparing the proposal to other homes in the area. He s��'Fthat �ti�s pr�q osal doesn't rise to the same level of quality as other homes near the park��He =dded th��a`t this proposal also achieves no higher density, or at least the level ��pensitj��e City would like to see. •�3BM6� 1- Kluchka summar zed s�me��f�t�e potential findings including: the Planning Commission's in�� ret��aon relative to this proposal, is that Subdivision 3 in the PUD � ordinance��`��ot �"�er f�exibility in this instance, the appropriateness of the setbacks for the �tann��fi�'�i'�h��'�� an R-2 zoning district, and the proposed easement on the east side of th��pro ��ty needs to be wider than proposed. ��_ '�� MO� by Ba�' r,eseconded by Cera and motion carried unanimously to recommend denia�f��re��ary PUD Plan far PUD #119, Marie's Woods based on the following findings: ��k°� 1. The PUD plan does not achieve a higher quality of site planning and design as it simply replaces two existing single family homes with five new single family homes on narrawer lots. Minutes of the Golden Valley Planning Commission September 22, 2014 Page 11 2. The PUD plan does not meet the PUD Intent and Purpose provision and would likely result in conflict with at least one PUD ordinance provision of minimum required side yard setbacks for principal buildings. Also, the proposed easement on the east side of the property should be 25 feet in width as opposed to 20 feet as proposed. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Au�hQr�ty, City Council, Board of Zoning Appeals and other Meetings �� x ��' �3� }�_� Zimmerman reported on the September 16 City Council meeting�i�i��ere t�r�� our��l voted to approve a six-month moratorium on single family resid��tial,subdi��is and PUDs with a single family residential component. �� a�F � � ` �� r�;�� _ :�; Waldhauser reported on a recent Bottineau meeting she;�ttended. �� ;�� ., �� 5. Other Business = ��: f�t • Council Liaison Re ort d�� p ;�� ';� � , ,; x �i� ' ;��1}r€��,`� � 6. Adjournment �� ; ��6�� . pr The meeting was adjourned at 9�3`5 pm.' , d°��J� ��'; k3� 3 �� e �� , �i� � �'�, ��3 '�.. F��3�f ��.��E� . ��t: e �� , .�u = ��,, r. �;- � ..,_ Charles D.;Segel�a��m,&�ecretary Lisa Wittman, Administrative Assistant _��HS �� s �� a�� i��,' � �. _: �� :�� ass@ s��. ��. �� "�� - �� ` . E ��3��,� i.'�V y i!j .�(j�:7' ✓ � � �� . � Plannin De artment V�. �'�l - - g � 763 593 8095 17b3-593-8109(fax} N��'�G �;� ,,�� ;��s"C7`'�., i�ra��ai+�yd�ia��i��r��r��ii°amF�E`.-: . :; �,_.=»�_�•___�"�"�� " Q��:u��, . .. ._ �,.M,�.. Date: October 13, 2014 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing on Preliminary Plan for Minor Subdivision of 108 Brunswick Avenue North — Brunswick Estates—Wooddale Edina, LLC, Applicant . � w . �� g�.... �� ._,��- � Summary of Request Wooddale Edina, LLC, represented by Steven Schwieters, is proposing to subdivide the property located at 108 Brunswick Avenue North into two lots. There is one existing single family home on this lot which would be demolished and replaced with two new single family homes. The existing lot is 38,610 square feet. City Code requires that each new lot be a minimum of 10,000 square feet in the R-1 Single Family Residential Zoning District. The proposed Lot 1,to the west, would be 19,100 square feet and the proposed Lot 2, to the east, would be 19,510 square feet. City Code also requires that each lot have a minimum of 80 feet of width at the front setback line. Lot 1 would have 113.62 feet of width and Lot 2 would have 126.75 feet of width. The dimensions of both of the newly created lots provide a sufficient building envelope for development. Qualification as a Minor Subdivision The proposed two lot subdivision qualifies as a minor subdivision because the property located at 108 Brunswick Avenue North is an existing platted lot of record, the proposed subdivision will produce fewer than four lots, and it will not create need for public improvements. The Applicant has submitted the required information to the City that allows for the subdivision to be evaluated as a minor subdivision. Staff Review nf Minor Subdivision Staff has evaluated the proposed lot subdivision request as a minor subdivision to create two lots in the R-1 Single Family Residential Zoning District. The Applicant has submitted a survey of the existing lot prior to the proposed subdivision, as well as a preliminary plat displaying the two lots after the subdivision. Both lots would have access off of the cul-de-sac at the end of Brunswick Avenue North. 1 City Engineer Jeff Oliver has submitted a memorandum dated October 7, 2014, regarding recommendations from the Engineering Division concerning this request. Requirements set forth in Mr. Oliver's memo are to be included in the recommended action of this subdivision. Qualification Governing Approval as a Minor Subdivision According to Section 12.50 of the City's Subdivision Regulations, the following are the regulations governing approval of minor subdivisions with staff comments related to this request: 1. Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Both of the lots of the proposed subdivision meet the requirements of the R-1 Single Family Zoning District. 2. A minor subdivision may be denied if the City Engineer determines that the lots are not buildable.The City Engineer finds that the lots are buildable. 3. A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on City utility systems by the addition of the new lots.The addition of the new lots will not place an undue strain on City utility systems. 4. Approval of the minor subdivision may require the granting of certain easements to the City. As discussed in the Engineering memo, new utility easements must be dedicated and shown on the Final Plat. 5. If public agencies other than the City have jurisdiction of the streets adjacent to the minor subdivision,the agencies will be given the opportunities to comment. No other public agencies have jurisdiction over the streets adjacent to the site. 6. The City may ask for review of title if required by the City Attorney for dedication of certain easements. The City Attorney will determine if such a title review is necessary prior to approval of the Final Plat. 7. The minor subdivision may be subject to park dedication requirements.A park dedication fee of $3,080 (2%of the estimated land value) is required for this subdivision. 8. The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will be granted to any application that meets the established conditions.All conditions have been met. Recommended Action Staff recommends approval of the proposed minor subdivision subject to the following conditions: 1. The City Attorney will determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of$3,080 shall be paid before Final Plat approval. 3. The City Engineer's memorandum, dated October 7, 2014, shall become part of this approval. 2 4. All applicable City permits shall be obtained prior to the development of the new lots: Attachments: Location Map (1 page) Memo from Public Works Department, dated October 7, 2014 (3 pages) Memo from City Attorney Allen Barnard, dated September 22, 2014 (2 pages) Site Plans (5 pages) 3 245 . .. I ,. / } . 250 324 i 308 3:0 • } e. 1 J� � ,v:> ` 240 , -, i� �.`� • 235` i230 t�� 220 309: 22 7. ��" ` ` � 209 � 216, �`, Z�� _ Ci� �210 � Subject Property: �� °�� 108 Brunswick Ave N Z" '% 2� , � 200 � ..221�: 208 . 2os �211 2os `�_;� • 117 125' 124 125 124 '�� S;< �_, ... 168,s�r .. / 11b 09 _ � 11� u, �,;. ��-�� 75' 175 ��` � 4�� 70 � � ,, 2 I cr 25� 3t, 26 �� a, a 26 ;5S >• �r 9�; �:�. � �y. 'a 50 � 6324 �15; 3-- 6320 6030 �6010 5924 �,5410 �6140 6100; - ... . . . S� �� -,�F _ _, �.�z. > ,. _ �. >�.�.�_. 6237 100 6145 , 6101 � :� �05 120� 111 �� 110� � . ,NS , ��: ' � ? ` �� — 6015 s c�..�� 1 Q � � � Y 120 C 125 120 �` 125 `140� � 131 J 135 v. � �:'. �� _ �. 130 � k� Y city of � olden MEMORANDVM $� . Vt�. �,'.� Public Works Department 763-593-8030/763-593-3988(fax) �".a �� ...J ,:�;, ��.f�"•�„�� ..,<�� .�;�,...*��_��,��:��E"�;�`. ��;,,,'��.�' `�l�.� `:�.. �t,��. �.,.. �� Date: October 7, 2014 To: Nason Zimmerman, Planning Manager From: 1eff Oliver, PE, City Enginee „ Eric Eckman, Public Works S ecialist ��/ Subject: Subdivision Review for Brunswick Estates �� , .�„t� �� ..�.,� � .. ,��_�.am,� �.�� ... �� x � � �n. .x .� „ ... �.�� .. �sa�... �_ � .. w �..�� x;� � m ,,� � .�ot�a Engineering staff has reviewed the plans for a proposed minor subdivision of property located at 108 Brunswick Avenue North.The Developer proposes to demolish the existing home and subdivide the parcel into two single-family lots. The comments contained in this review are based upon plans submitted to the City on September 25, 2014. Engineering staff recommends approval of the proposed minor subdivision of property located at 108 Brunswick Avenue North, called Brunswick Estates, subject to the following comments: 1. A City demolition permit, stormwater management permit, and utility permits are required for the demolition of the existing home. 2. The Developer has submitted a preliminary plat which appears to meet the City's Subdivision Ordinance. The final plat for this development must include public easements on all property lines consistent with the City's Subdivision Ordinance. 3. A City Right-of-Way Management permit is required for each parcel for any proposed excavations and obstructions within public right-of-way or easements. a. Each lot will have its own concrete driveway apron. It appears the driveway apron for Lot 1 has been moved to the northeast to eliminate the existing driveway encroachment onto Lot 14, Block 5 of Tralee.This modification and the construction of a new driveway for Lot 2 will require City Right-of-Way permits and the concrete aprons must meet City standards. 4. The Developer has shown on the plans that utilities can be extended to serve the proposed dwellings. The Developer or Contractor will be required to obtain the appropriate sewer and water permits from the City for the removal, rehabilitation, or G:\Developments-Private\Brunswick Estates-108 Brunswick N\Subdivision Review brunswick estates.docx installation of utility services. Staff has the following comments regarding the proposed utility construction: a. A Right-of-Way Permit is required for all excavations and obstructions within City right-of-way. Based on the plans submitted, it appears Brunswick Avenue will need to be excavated in order to install new utilities. Brunswick Avenue was constructed by the City in 2005 and therefore must be restored according to the applicable City standard detail, available in the Engineering office. b. Records show that there is an existing storm sewer drain tile located in front of the property and a service is stubbed to the existing home at 108 Brunswick Avenue North. Staff recommends that the Developer extend the drain tile and install an additional service to ensure that each parcel has a service stub available for connection. If a sump pump is installed in each home,the discharge pipe must be connected to this drain tile system. 5. Sanitary Sewer Inflow and Infiltration (I/I) Reduction a. The existing sanitary sewer service to 108 Brunswick Avenue North is in the process of being inspected for compliance with the I/I ordinance. Depending on the results of the inspection,the Developer may need to enter into an I/I Deposit Agreement with the City to guarantee that the service becomes compliant with the I/I ordinance. b. The two new parcels must obtain compliance with the City's Inflow and Infiltration Ordinance, prior to occupancy of the homes. 6. A preliminary grading plan was submitted by the Developer. The new lots will be custom- graded at the time of home construction, and therefore a City Stormwater Management Permit will be required for each parcel before the start of home construction. A stormwater management plan that meets City standards is required as part of each permit submittal. The Developer and its Contractors must ensure that existing drainage patterns are maintained or improved and that stormwater runoff is accommodated within the property to the extent practicable. 7. This development is subject to the City's Tree Preservation Ordinance. Because each lot will be custom-graded, a separate Tree Preservation Permit will be required for each lot prior to the start of home construction. The City Forester will review the tree inventory, tabulations, and plans in detail at the time of permitting. 8. There is a deferred assessment of$3,200 for the reconstruction of streets adjacent to this property as part of the City's 2005 Pavement Management Program. The assessment must be paid prior to final plat approval. 9. The developer and/or contractor must obtain the appropriate permits prior to development of this site. G:\Developments-Private\Brunswick Estates-108 Brunswick N\Subdivision Review_brunswick estates.docx 2 Approval of this minor subdivision is also subject to the review and comment of the City Attorney and other City staff. Please feel free to call me if you have any questions regarding this matter. C: Tom Burt, City Manager Chantell Knauss, Assistant City Manager/Interim Physical Development Director John Crelly, Fire Chief Eric Seaburg, Engineer Kelley Janes, Utility Maintenance Supervisor Jerry Frevel, Building Official Sue Virnig, Director of Finance G:\Developments-Private\Brunswick Estates-108 Brunswick N\Subdivision Review_brunswick estates.docx 3 Allen D.Barnard BEST&FLANAGAN LLP Attorney �iReCr 612.341.9715 225 South Sixth Street,Suite 4000 Minneapolis,Minnesota 55402 abamrard@bestlaw.com TEL612.339.7121 FnX612.339.5897 BESTLAW.COM BEST & FLANAGAN Mesnorandum DATE: September 22, 2014 TO: Golden Valley City Council and City Manager FROM: City Attorney SUBJECT: Application Review During Moratorium This memorandum summarizes what state law and city ordinances say about reviewing subdivision and PUD applications during the recently enacted 6 month moratorium. Statutory Authority for Moratorium Under state law, Golden Valley has the authority to enact an "interim" or temporary ordinance that "regulates, restricts, or prohibits any use, development, or subdivision" within the City for up to one year. Minn. Stat. �462.355, subd. 4(a). During this time, the City must conduct a study or hearing to consider changes to the City's subdivision, zoning and/or Comp Plan regulations. Moratorium's Scope and Time The moratorium passed by City Council on September 16 precludes the City from reviewing or approving any new subdivision or PUD application filed after the effective date of the moratorium that has a "single family residential component". The moratorium lasts for 6 months, during which the City is to study the issues highlighted in the moratorium, and make any changes to the zoning and subdivision regulations warranted by the conclusions of the study. Limits on Moratorium—Applications in the Pipeline Subdivision Applications with Pyeliminary Approvals. Under state law, a moratorium cannot "halt, delay or impede a subdivision that has been given preliminary approval." Minn. Stat. �462.355, subd. 4(c). The regulations that are in effect at the time the application was preliminarily approved applies to the review of the final plat. Minn. Stat. �462.358, subd. 3(c). All Applications Submitted Before Moratorium. Under state law, a moratorium does not stop the 60/120 day clock on applications filed before the effective date of the moratorium. Minn. Stat. �462.355, subd. 4(c). This means that the City should act on all applications in the pipeline within the time limits set by state law or risk having those applications automati.cally approved under the state's 60/120 day rule. Minn. Stat. �15.99. Review Standards. Subdivisions must be approved if they meet the conditions of approval in the subdivision ordinance. In addition, Golden Valley's ordinance makes it clear that the conditions spelled out in the subdivision ordinance "provide the only basis for denial" of a minor subdivision, and that "approval will be granted to any application that meets the established conditions." City Code �12.50, sudb. 3.I. With PUDs, Council has more discretion, and can deny PUDs if there is any rational basis for the denial under the applicable PUD standards in City Code. City Code �11.55. 000090/480568/1947143 1 / � / � I-----1 / / I I / -� o � / SP / l / S � i � �-T--� hP . / / I J SI I � _ T \ '-�,� B NSwICK \�I, ^ _ / / GLEN�D AVE AVE � O� S63 '�� `. SECTION 33, TWP. 118, RGE. 21 S�'"d �?'3 C \ .. / / LO NOTSOCALE AP 4�c <. r,�..�.. �;�� ° _ `� � ��; / . . / , , ., � / N . ,� ,8j, � � h 9j8�87Y�.i �,:`•� ,"'• � , FR � F�'�J : •��••. / � �ora n FRq, s�� Y, S e <FF) ••. : __ \tk��• : / . �� .. J - - "_' iL V T �n� - . . I _,__`.. ' _ _ . 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' . � � ��' n \1t r � I � Q ..�'L��"��/�� . � �� / ' � J �Denotes concrete / I J �%�� pp �Denotes bituminous � � �Y�Denotes tree line / S�3 q3.4 I -----��oe�oce�saa,m se ewer�e / � � �� —oe�oces:��a�Y s �r�e o ' / ' � ,O " ._ � � —X —I Denotes fentcr Inerbed wi �� i � �- „ / \�' � � on oe�oces o emeaa�t�rry roes i � �_ � C / I � 2 e(bo re) _ � 55,24 g oe„oces re��e(�na��i��k) HOuSp /�� \i / / v ' � . ' 8 Danotes catch basn / ` / � � / � I � Denotes catch basn beehive / �' � i �.; eT �e�a�es h�a,o�� > � _ / / • ��) v / ` `� . �'/'�^ • Denotes found iro �� _� / i/ / �, ' �wi�i �raa�� Denotes Ight Polen�IPe . �J� � � /y' � � .� <� �DenOfeS ut I'ty pOle ; '" � ; H°�se � � SE� 15 2014 0 oe�o�e==o�ta�Y o =�o.m ma�ho�e ,¢ ` . � � ' / � �' �oe�o�es aeod�o�s�ree °A- � � �J / r �° � � . ' �J �}�y/ .�,�oe�o�es�a�-re�a�s o-ee � L71: PI�NEERengineering rn'aF1.'crt�2s w+�nwxereas uxos�ntv5��a.i �651)6S]-1914 Ihembycercify�ha<<hispianwasprepareAby N�e Revisims Dace 9/12/14 �S7OOTTIAT C DTRT 1'1CpC'� 2422EntecpriseD[ive FaX:681-9488 CO`°"`�"`^y'�u"�SOP`^"`ionannUu[[ 92Mt4-ezsements Y1' 1JL/C1Ll.:1Jl./1Ll.Ji�1\J BRUNSWICK ESTATES Mendot�Heights,MN 55120 am a Auly Licensed Ploftssimal5urveyor oe�+�_� EXISTING CONDITIONS eio9 ame cu<ie�uzaao 1 aF 2 www,pioneeTeng.Com �nderNelaws ofrhe Srat<ofM'vuiesau Re No. Qzz`� Date 9��2��< s' ��wn �P Minnetonka.MN 55343 GOLDEN VALLEY,MINNESOTA OO 2014 Pioceec Engineving.P.A � / / � � � / / � � / � I I / �--T--� , � � � � ,�, � � ^ � � ; � ., , /0 �� <, r� / SITE � � �� r� 8 NSWICK � 93 <� � _" AVE_� / G�ENWOOD AVE � 188 / �� / SECTION 33, TWP. 118, RGE. 21 l i i LOCATION MAP / . ^ <, i / NO SCALE / � � / I ^ o / � � 6 6 � � / � � � / / � � 9S / � � / � � � ' � � / � � cF / � � � rn � � � \ � / � � I � �o � nT �Iv � � � � 79100sf �-�� I � � / 0.4385ac � � I / � � � / � � / � � � / � � � � 99 T i i_) n i �, il r— r—� 99 I i � � �—� � � i�_ � L i i % BLOCK ;1 ;� 2 '� 2° ,° ° Z° � � � o aoi9ac �I Scale in Feet � � I � � � I � I � � � I � I I lp � I � � v LEGAL DESCRIPTION FOR PRELIMINARY PURPOSES ONLY � � I � � N C � I ^ ��< I Lot 10, Block 5, "TRALEE", according to the recorded plat thereof, Hennepin County, Minnesota. � I � �L��_U�� , �� I �� I �\\ ' � ��, � � I �ZS �� 6 � I �� 6 � � ��J I ` ` I � I / - \\\��\ �I TOTAL GROSS AREA 0.8864 ACRES / 2 \\�� ` II TOTAL LOT AREA 0.8864 ACRES $5 � _ / �o �� ,\\ � NUMBER OF LOTS 2 � i`� �� i. �_ C / 3� ��\\ � �p LARGEST L0T 19,510 50. FT. i�- \� SMALLEST L0T 19,100 SQ. FT, / _� / �� ` AVERAGE LOT 19,305 SQ. FT. / " DENSITY 2.26 �OTS/ACRE / ` / v � ZONING R-1 . / ;'� � � �,c' .. UTIUTIES XXXXX � � �'�� / ; � � . � `j \ iy; / �J � �� PI$NEERengineering 2422Ent seDrive� ��'U� (651)681-1914 Ic°rcfy«n�rymazm�p�wasp.epv�nny N�e ��u.�s Da�e 9/tz/ta � Fu:681-9488 ��^^«mY�u«<��.,.��.,��,��<< 9aai4_�,��a WOODALE EDINA LLC Meaao�xe��,ts,carrssizo ��+��y��d�of«,+«,�s�rv<Y„� ��+�e� PRELIMINARYPLAT biovBi„ec��le�wz000 BRUNSWICKESTATES 2 oF 2 www.pion ereng.com uwermo��w:orm�sc,rcofMsn�sou R�q.No. <z299 p��e 9/tzlia p,�µ,,, mdp GOLDEN VALLEY,MINNESOTA MiMetOnka,NIN SS343 c0 2�14 Pioneu Eneineering.P.A. LEGEND IXISTING PROPOSED FUTURE DESCRIPTION BRUNSWICK ESTATES � _, � • SANITARY MANHOIE ---->---->— EXISTING SANITARY SEWER —�� PROPOSED SANITARY SEWER GRADING AND UTILITY PLAN —> > FUTURE SANITARY SEWER �A � �� HYDRANT D4 N DQ GATE VALVE D ► ► REDUCER o _______ Ex�ST�N� WA�RMA,N GOLDEN VALLEY MINNESOTA ��a � ��Z 55 I � (— PROPOSED WATERMAIN ' RD. —I I— FUTURE WATERMAIN " � / �N o= ' � � CATCH BASIN � "w %; .. � < w VAL E Q S e�0 � � BEENIVE / ^¢ ' �R tA�w HIGH� . • � STORM MANHOLE . ' 'LSp �aM �.�,`� w wW000�� 6 �pyE. \C>� ► � F�ARED END SECTION \ ' �� / p KINGST�N pEs'�� CGT S� Y�W O O D S T O CK& � • • CONTROL STRUCTURE • � `��'�� ,e 4c J �, �a �.\ HARO a � 'Pos LORING � o . .........._.__._......_,,................._;,_......__ EXISTING STORM SEWER r\ •,\ `.., �� WE.o W o z j �4 pFq �A,� • 3 —)�))— PROPOSED STORM SEWER � � �� / / Co�A � w w os 100 —» »— FUlURE STORM SEWER � �� ; �'� �� i a i a � r�" � SURMOUNTABLE CURB & GUTTER / �h '� o D a9pF a � � 0 G B-STYLE CURB & GUTTER / / � �� / � S�` � RIBBON CURB & GUTTER r / ��` �� . �� z CO w � w �FNW��O ,, � a mrt a�ane er� rwE wew �ws PHASE LINE o.�,.•�••••..••��. .`'� ..� �� / w N.a RT(4� a � � 40 N EASEMENT LINE � � � � � CIT ' � --- --- -- ' a w w ----� � --�---- - �-� EXISTING 2" CONTOUR LINE � � '•��• \\\� �� a' a S.o COR LAWN o Q "' N Y� � � ......... >-�� ...... ._. EXISTING 10' CONTOUR LINE . � ••'••�� [� � •- •,,...' dL Ro. � a u CIR. w o a �� a3 Cp � PROPOSED 2' CQNTOUR LINE / � �^� ' � LAUREL w`o m AVEy � PROPOSED 10' CONTOUR LINE / •��• � / � N P9p�S / � , � ' � a a a . sDn auner-sm.a pOND OUTLET LINE / � �'�• �,` T N � o Q x� Rp 7�R ___=w�-soos pOND HIGH WATER LINE � � � ' • � \�� . / w a w� CIFCLE e x3 pROPOSED SPOT ELEVATION ' l (� (�' � � X a 'a � oa " o�OEN HILLS �R.F ♦�►♦ EMERGENCY OVERFLOW ' � J O�� 1 \� � 1 — � � — � - — - - — DELINEATED WETLAND LWE � I I ' � - � LOCATIONMAP — ..:••— FEMA FLOODPLAIN BOUNDARY �� "�� --.� I � - � • •••••••• • STANDARD EROSION CONTROL � �' _. _._ _ � I • ' c9 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ HEAVY-DUTY EROSION CONTROL �i � - - I � �� ;� I . .. .. .. .. . .. .. .. .. .. TREE FENCE `.,/ /.� , � --._._ ..J..._. 1 Q� . • �� . : � RETAINING WALL /( �� ' f�' ,/O : I �� C CONSERVATION AREA SIGN � / ••� LF� I '0�.. `•.`\ '� �� I ' T WET�AND BUFFER SIGN • ' _-w== EX. CULVERT � . o o'� � �� .�� I� , on on— EX. OVERHEAD UTILITY LINES � _ � � ,' � � t� tv— EX. UNDERGROUND TELEVISION LINE / � � : —t t— EX. UNDERGROUND TELEPHONE LINE / � � � ••�•� �__i ��x Y' � fo fo EX. UNDERGROUND FIBER OPTIC LINE / � I � � • �` ,I , ' EX. UNOERGROUND ELECTRIC LINE � I � �C�__O�.O 9 9 EX. UNDERGROUND GAS UNE � R � I � '.�`� � � x x EX. FENCE (BARBED WIRE) / � � Q 7 � , p N EX. FENCE (CHAW LINK) . � �� I .� � . ; ��, , —[] ❑ EX. FENCE (W00�) - .. __... � ,�`, � i � �� '., �' I��'.,,.. � OO EX. CAST IRON MONUMENT ��. � ' � � ' o- EX. FLACTPIC BOX /. / 0.7 � � . . . I � � . EX. L G OLE .0 • EX. NATURAL GAS METER •'� � � � ' � I � EX. HAND HOLE / �•�. 9 O�Q � � ��I � . I • EX. FOUND IRON PIPE v � N� � EX. JUDICIAL LAND MARK � •�. � � � '�� !!!''�''''�� I � EX. LIGHT PO�E � � 1 .�' � � � � � �;y�,M` � ��. � EX. PK NAIL �� I �k�'�,��:�� i°�� • � _. , �- EX. UTILITY POLE • �� ' -' � � � � a 10 zo aa __ `\ � I � 8.J`� � N :. i � q/ � '� EX. LAWN SPRINKLER VALVE \� ' . � Y� ��P ` � �011 �' EX. LAWN SPRINKLER HEAD �� EX. SEMAPHORE � �� ; GRAPHIC SCALE IN FEET � _�� I 1� CD EX. SERVICE s�, �\ ^` ^ � � EX, iELEPHONE BOX - . �� (�� I 0 EX. TEST HOIE � � � �'r � EX. iELEVIS�ON BOX � � I �� • EX. WATER WELL / � • O � \ �\\ � I I :�: EX. MONITORING WELL � ' �� •� 1`•�••• �� . I - � EX. MAILBOX a INSTALL NEW SERVICES � �� -� . � . ......• � � \�� \�.. 29A.--------- 28.0 ffi EX. CONIROL POINT / � � ORAINAGE & UTILITY rF--- � a EX. SPIKE STA: 3+35 / ' / �• > ' � � , ��\ � EASEMENT I O3 � BLOCK N0. � EX. CLEANOUT CS: 906.2 / �/� � • � ``� O I � FINISHED GROUND I� I / . �- i�� ,--,. . .. �o ELEVAiION 7 LOT N0. � EX. SIGNIFICANT TREE / i� � � LOWEST FLOOR I � �.� INV: 896.6 � P > EX. HYQ,RANT °' ELEVATION I HOUSE TYPES �YYYYYI EX. TREE LINE � GARAGE ELEVATION 31.0 I R —ftAMBLER OR SP�IT ENiF2Y / � / ' � � ' LO ENTRYEWAL�OU�TUT OR SPLIT � EX. GRAVEL SURFACE / , � �... l TN H=9 0 7.48 NUMBER OF STEPS I � y �� 1 LO � WO —RAMBLER WALKOUT � � ./ RECOMMENDED � P � SLO SIDE LOOKOUT � � E X. S E R VI C E TO B E I GARAGE SIOE � I SWO—SIDE WALKOUT � EX. BITUMINOUS ' ;'� �� . G 37. � SURFACE �° I N STALL R O�CK � �v; - ��'' �� U TI LI ZED I F CON D I TI N � s SLOPE LABELED FROM � �- � RNISHE� ELEVATION I FRONT OF PAD TO ROW .� EX. CONCRETE �� j -: � - -----� � SURFACE C O N S T R U C T I O N E N T R A N C E �� ..:.,�� ,�;�J � & L O C A T I O N A R E A C E P T A B L E. � L°T �°R"ER 35.5- 34.5 0 SE�E�T BA�KF�� FOR EACH LOT. v ,� ;�Q MATERIAL /� �� / �� , E X. S A N M H �STREET �� °NARAN�E NST. �� y �!�' F�1 M=905.28 ------ ------- �� V� / J Cp I N V�8 9 5.0 (TYPIC�OSE NF�O R M A TTo Nsca�E) � PI�NEERenginee►-ing Lm Q � � j 00-INGI14Z61SHEET-GRAD �� P,qxN�s u��Y� (C$1)681-1914 ��e�ycmifvtlutchisplmwes�cqucedby N� Revuwns Da[e }25_10 WOODDALE EDINA LLC. zazzea��e��e e�„�amY�;,eaa�;,;o„�,d,�,.,i BRUNSWICK ESTATES Fa.e:681-9488 � =w,.�� n=,;� rJ� GRADING AND UTILITY PLAN 6117 BLUE CIRCLE DRIVE,SUITE 101 1 oF 1 Mrndora Hrights,MN 55120 am=dwy licrosed r.o(:s�enei�.a www.pianeeirng.com w�e��w,s of the S�ate of Mime�da Reg.No. 19860 pye 9-ZQ�4 pn.,.� � MINNETONKA,NIINNESOTA 55343 GOLDEN vALLEY,MINNESOTA O 2014 Pionee Enyneving.P A. B R U N S WI C K E S TA TE S C.R. DOC. N0. KNOW ALL PERSONS BY THESE PRESENTS: That Wooddale Edina �LC, a Minnesota Limited Liability Company, owner, of the following described property: / Lot 70, Block 5. "TRA�EE", according to the recorded plot thereof, Hennepin County, Minnesota. T i � /Has caused the same to be surveyed and plotted as BRUNSWICK ESTATES and does hereby dedicote to the public for public use the public ways and the o �I ,� drainoge and utility easements os created by this plat. /ys ��I / / ,a /�� 3 S�3 <. �, In witness whereof said Wooddale Edina LLC, a Minnesota Limited Liobilit Com an hos caused these � �� y p y, presents to be signed by its proper officer this day � \`�'\ i 8>zg 4,�! <\ � of , 20 / ' / P��al \ / / / P��Z�� S �I / Wooddale Edino LLC, a Minnesota Limited Liobility Compony / �PPt�P TRq�r�� / / ____/- '�� f ( <' / / _ f N(<S Or I\ o I . ' � B(k� 8�8 �- 1 a5 h � '• � o (�9�8 ��,yF ` STATE OF MINNESOTA ^ / �e � rRq qs� COUNTY OF l � 6� \ �FF) / / � � �oa This instrument wos acknowledged before me on this , by os � � � �59 / / of Wooddale Edina LLC, a Minnesota Limited Liability Compony, on beholf of the compony. � � 1 � � � I � � � I i � i ��,� � i o i '� � i � �i s�P �� Notary Public, � � ' °'� �ti I � � �� 9c t o . My Commission Expires � � � �� 9`r�vy I� l �r. -r� ' 3'c^y � / ��,I� I 3 � � � °�' l SURVEYOR'S CERTIFICATE o / I � � � � � � 1 I Peter J. Howkinson do hereby certify thot this plot was prepared by me or under my direct supervision; thot I am o duly Licensed Land Surveyor in the State 9 9 T � � � °' � i—� n i i � �- r- � 99 of Minnesota; thot this plot is a correct representation of the boundary survey; that oll mothematical data and lobels ore correctly designated on this plot; that � � / I � �—� � — — � N oll monuments depicted on this plot have been, or will be correctly set within one yeor; that all woter boundaries and wet londs, as defined in Minnesota / ' i L_ �_ �_ i O I � Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown ond labeled on this plot; ond all public ways are shown ond labeled on this plat. � � � 2 � Dated this _doy of 20 ; B L 0 C K I � � � �'' I � O� / � � � m � � 3� I Peter J. Hawkinson, Licensed Land Surveyor / � �� I Minnesota License No. 42299 � �. li� ��' I � 1 n � �� ( r� � ��; �- � � "� I STATE OF MINNESOTA � � , � � COUNTY OF � \ ✓-r' \ � I \ P`'O,�s � Y�.� II This instrument was acknowledged before me on this , by Peter J. Hawkinson. ` \\��\\ �P�'p,SF'� � � �P I � �\\ Q�P\y E ' � G/aP I J j � �q N �20.1� \\��:'J4� � � �'9 � GD �` I 6 6 ' ��'� � � cD ��J � �F�9.� � .Z7^ - Notory Public, � L� �20 � � D My Commission Expires 57.3°q . o\\�� I �� 3 4�'E� ��, I � \\\�'� �I CITY COUNCI�, Golden Valley, Minnesota � �° �35 � ��,\ � >> - >> � �o� ` , I This lat of BRUNSWICK ESTATES was a � i� �� . �_ C / 2 ��\\\� �p p pproved and accepted by the City oP Golden Valley, Minnesota, ot o regulor meeting thereof, held this day of , 20_. If applicoble, the written comments and recommendations of the Commissioner of Tronsportation ond the County Highwoy Engineer have been / -' / 55'24 received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, �� 255 �"T AMfAs,� � Section 505.03. Subdivision 2. / �e£�� - _ / <V 8y By l , ., Moyor Clerk / Cj � � I RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota � �� / -� � �,c I I hereby certify that taxes payoble in 20_and prior years hwe been poid for lond described on this Plot, dated this day of , �� I 20—. ��' / �� Mork V. Chapin, County Auditor By: J Deputy \ SURVEY DIVISION, Hennepin County, Minnesoto Pursuont to MINN. STAT. Sec 383B.565 (1969) this plat hos been opproved this day of , 20_ ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE SOUTHWESTERLY LINE OF LOT 1, BLOCK 1, TRALEE HILLS, WHICH ��w ry�4. IS ASSUMED TO HAVE A BEARWG OF NORTH 63°52'34" WEST. �� Christ F. Movis , County Surveyor By: O DENOTES FOUND 7/2 BY 14 INCH INCH IRON PIPE 5�p 1 � 20�4 COUNTY RECORDER, Hennepin COUnty, Minne50t0 MONUMENT MARKED BY LICENSE NUMBER 42299, OR WILL I hereby certify thot the wlthin plat of BRUNSWICK ESTATES was recorded in this office this day of , 20_, at o'dock BE SET IN ACCORDANCE WITH MS 505.021, SUBD. 10. M. 20 10 0 20 • DENOTES FOUND 1/2 INCH IRON MONUMENT MARKED BY gY� LICENSE NUMBER 42299 UNLESS OTHERWISE NOTED. Mortin McCormick, County Recorder By: Scale in Feet Deputy PI�NEER��,P.A. SHEET 1 OF 1 SHEETS BRU N SWI CK ESTATES AREA SKETCH 1 1910�sf 0.4385ac BLOCK 1 ,9�5, 0.4479ac 20 10 0 20 Scale in Feet AREA SUMMARY BLOCK 1 = 38,610 SF. 0.8864 AC. TOTAL LOT AREA = 38,610 SF. 0.8864 AC. TOTAL AREA = 38,610 SF. 0.8864 AC. PI'�.NEERengineering,P.A. �l�`�' �)� �� , Pl.anning Department 763-593-8095/7b3-593-8109(fax) Date: October 13, 2014 To: Planning Commission From: Emily Goellner, Associate Planner/Grant Writer Subject: Discussion of Zoning Code Text Amendments— Recycling Centers Back�round At the City Council meeting on July 1, 2014, a moratorium was adopted to prohibit the establishment of any new recycling centers in the City for six months. Staff has examined various zoning concerns that were generated by the interest expressed in scrap metal recycling at the former SIFCO site at 2430 Winnetka Avenue North. The City Council has directed Staff to bring to the attention of the Planning Commission the possible need to update both the definition of Recycling Centers in the zoning code and the reconsideration of the appropriateness of Recycling Centers as permitted uses within the Light Industrial and Industrial zoning districts. Recommendation Staff investigated the definitions and requirements of Recycling Centers in several other cities. From this research and further discussion, staff has generated several recommendations as to how Golden Valley can rewrite their zoning ordinance to mitigate the negative effects of recycling centers such as truck traffic, noise, odors, and air pollution, if they so choose. Summary of Recommendations • Create two definitions: Major Recycling Facility and Minor Recycling Facility • Metal shredding and car crushing are removed from definition • Add Compostable Waste and Yard Waste as definitions in the zoning code • In the Light Industrial District, allow Minor Recycling Facilities as a conditional use • In the Industrial District, allow Minor Recycling Facilities as a permitted use and Major Recycling Facilities as a conditional use • Prohibit outdoor storage • Maintain distance requirements currently in place for Recycling Centers Definitions Recycling Centers are defined in Section 11.03, Subd. 79, as "Any area or structure, whether privately or publicly owned and operated, that engages in recycling or reclamation of inetals, paper, or other materials including crushing, shredding, baling or compacting materials such as auto bodies, scrap metal, etc." The City Council expressed concern that the crushing of auto bodies and other similar activities were too intense. Also, "etc." should be removed from the definition. Many cities separate the definition of Recycling Centers into at least two sub-categories—often defined as "low" vs. "high" intensity or "minar" vs. "major" facilities. "High" or "major" recycling facilities are often targeted for materials from commercial or industrial uses. "Low" or "minor" recycling facilities are often targeted for materials from household or consumer uses. The distinction between recycling facilities can also be made by distinguishing the capacity of the operation in terms of average truck loads to and from the site, pounds of material processed, size of the lot, or size of the facility. Staff suggests separating the definition into two categories based on the materials to be recycled, which indicates the intensity of the impacts on surrounding properties. This allows the ability to add more detail to each definition and provide more flexibility in the Industrial and Light Industrial zoning districts, which is explained in the next section on permitted and conditional uses. Proposed Definitions Minor Recycling Facility Major Recycling Facility A facility used for the collection, treating, A facility used for the collection, treating, cleansing, short-term storage, and cleansing, short-term storage, and reconstituting of recyclable household and/or reconstituting of recyclable commercial and/or consumer waste including paper, cardboard, industrial waste including paper, cardboard, glass, plastic, aluminum, batteries, fluorescent glass, aluminum, brass, stainless steel, lead, light bulbs, and motor oil. It does not include copper, plastic, batteries, fluorescent light construction and demolition debris, metals for bulbs, household appliances, and motor oil. It commercial and industrial uses, yard waste, does not include the processing of yard waste, household appliances, or compostable waste automobiles, or other compostable waste except for clean paper products except clean paper products Materials recycled at a Major Recycling Facility are often larger, denser, and therefore undergo a more intense recycling process. The loading and unloading of materials require heavier equipment and trucks for transport. This increased intensity is distinct from that of the Minor Facility. Metal shredding and car crushing are activities included in the current definition; however, they are not listed in the proposed definition of a Major Recycling Facility or a Minor Recycling Facility. Some zoning codes also separately distinguish the recycling of"green" materials such as yard waste and compostable waste. These materials are not currently defined in the zoning code, but are listed in the proposed definitions of Major and Minor Recycling Facilities. This could be a good opportunity to include compostable waste in the list of definitions since many plastics are now compostable and composting is becoming a more popular activity in both households and industries. It is not recommended that compostable materials and yard waste be eligible materials for processing in Minor Recycling Facilities or Major Recycling Facilities at this time. Proposed Definitions Compostable Waste A biodegradable waste that is derived from plants and animals including food waste, kitchen waste, paper waste, compostable plastic, and yard waste Yard waste Organic waste including leaves, grass, brush, small logs and branches, garden waste, straw, dirt, and sod Permitted and Conditional Uses Recycling Centers are listed as permitted uses, "including the recycling of inetals and other materials" without any additional quantitative or qualitative requirements or restrictions. Staff recommends that Minor Recycling Facilities (with no outdoor storage) be allowed as a conditional use in the Light Industrial District and a permitted use (with no outdoor storage) in the Industrial District. It is also recommended that Major Recycling Facilities (with no outdoor storage) be allowed as a conditional use in the Industrial District only. This allows the staff, Planning Commission, and City Council a chance to review proposals and create conditions for approval that mitigate the negative effects that Recycling Facilities can have on the surrounding area. Staff finds that prohibiting outdoor storage for Minor and Major Recycling Facilities will mitigate many of the negative effects these facilities can have. In order to include this in the zoning code, staff finds it consistent with the format of the zoning code to include "no outdoor storage" as a specific description of the permitted or conditional use. For example: Proposed Ordinance Language in Light Industrial District Section 11.35 Subdivision 4. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: G. Minor Recycling Facilities with no outdoor storage Proposed Ordinance Language in Industrial District Section 11.36 Subdivision 3. Permitted Uses The following uses and no others shall be considered permitted uses within the Industrial Zoning District: G. Minor Recycling Facilities with no outdoor storage Proposed Ordinance Language in Industrial District Section 11.36 Subdivision 4. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: G. Major Recycling Facilities with no outdoor storage Therefore, Conditional Use Permits would be required for: • Minor Recycling Facilities with no outdoor storage in Light Industrial Districts • Major Recycling Facilities with no outdoor storage in Industrial Districts Distance Requirements The Council expressed concern that some types of high intensity recycling facilities may be allowed to locate in areas of close proximity to residential uses. Occasionally, there are limits placed in other zoning codes on the location of recycling facilities in relation to residential properties. The current regulations in the Light Industrial and Industrial districts apply to all permitted and conditional uses in those districts, not Recycling Centers specifically. The current distance requirements include: Current Re�ulations in Li�ht Industrial (11.35) and Industrial (11.36) Zoning Districts: In the case of premises facing a Residential Zoning District or an R-2 Zoning District across a public street, the yard abutting that street shall not be less than 75 feet from the right-of-way line of the street to the structure. In the case of premises adjoining a Residential Zoning District or an R-2 Zoning District required side and rear yard setbacks shall be not less than 100 feet in depth. In the case of premises adjoining a Multiple Dwelling, Business and Professional Office, or Institutional Zoning District, required side and rear yard setbacks shall be not less than 50 feet in depth. Staff investigated the potential to use the current language in the code as state above, but increase the distances as follows: Current Distance Regulation Potential Distance Regulation 75 feet facing R-1, R-2 150 feet facing R-1, R-2 100 feet adjoining R-1, R-2 200 feet adjoining R-1, R-2 50 feet adjoining R-3, R-4, BPO, Institutional 100 feet adjoining R-3, R-4, BPO, Institutional With a brief mapping analysis, staff found that these increased distances would not be too limiting. However, prohibiting outdoor storage may eliminate the need to increase distance requirements. Attachments Proposed Zoning Code Language (21 pages) Zoning Map (1 page) §11.03 14. Car Wash: A building and/or premises used principally for washing and cleaning automobiles, using either manual or automatic production line methods. 15. Cemetery: Land used or intended to be used for the burial of human dead and dedicated as a "cemetery" for such purposes. Source: Ordinance No. 585 Effective Date: 1-14-83 16. Child Care Facilities: A service provided to the public in which children of school or pre-school age are cared for during established business hours. Source: Ordinance No. 712 Effective Date: 6-23-88 17. Church or Synagogue: The term includes the following: church, synagogue, rectory, parish house or similar building incidental to the principal use which is maintained and operated by an organized group for religious purposes. 18. Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of inedical or surgical attention, but who are not provided with board or room, nor kept overnight on the premises. 19. Club: A non-profit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. 20. ComQostable Waste: A biodegradable waste that is derived from plants and animals including food waste, kitchen waste, paper waste, compostable plastic, and yard waste � Congregate Housing: Housing for the elderly and/or handicapped, providing 21. at least one (1) prepared meal per day in a common dining room, and may also provide certain medical and social services over and above what might be in a standard elderly apartment complex. � Condominium: A form of individual ownership within a multi-family building, 22. or office/business building, which entails joint responsibility for maintenance and repairs. � Convalescent Home (Extended Care): Any building or group of buildings 23. providing personal assistance or nursing care for those dependent upon the services by reason of age or physical or mental impairment but not for the treatment of contagious diseases, addicts or mental illness, usually of a temporary duration. Golden Valley City Code Page 3 of 17 __ §11.03 C. Motor home means a portable, temporary dwelling to be used for travel, recreation, and vacation, constructed as an integral part of a self- propelled vehicle. D. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation use. � . , , � , � , � � Source: Ordinance No. 585 Effective Date: 1-14-83 79. Recyclin.g Facility, Major: A facility used for the collection, treatina, cleansina short-term storage, and reconstituting of recyclable commercial and/or industrial waste includingpa�er, cardboard, alass, aluminum, brass, stainless steel, lead, co�per,�plastic, batteries, fluorescent liaht bulbs, household appliances and motor oil. It does not include the processing of yard waste automobiles, or other compostable waste except clean paper products 80. Recycling Facility, Minor: A facility used for the collection, treatina, cleansing, short-term storage, and reconstituting of recyclable household and/or consumer waste includina qaper, cardboard, glass, plastic, aluminum, batteries, fluorescent light bulbs, and motor oil. It does not include construction and demolition debris, metals for commercial and industrial uses, yard waste, household a�.pliances, or compostable waste except for clean paper products Sr9. Residential Facility: Any facility licensed by the State of Minnesota (except 81. for foster family homes) public or private, which for gain or otherwise, provides one (1) or more persons twenty-four (24) hour per day care including food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need. Residential facilities include but are not limited to State institutions under the control of the Commissioner of Public Welfare, residential treatment centers, maternity shelters, group homes, halfway houses, residential programs or schools for handicapped children. Source: Ordinance No. 653 Effective Date: 4-12-85 S� Restaurant, Class I: Any traditional type restaurant where food is served to a 82. customer and consumed while seated at a counter or table, including cafeterias where food is selected by a customer while going through a service line and taken to a table for consumption S-� Restaurant, Class II: Fast-food type restaurants where customers order and Golden Valley City Code Page 13 of 17 §11.03 100. Yard: A required open space unobstructed by any structure or portion of a structure from the ground upward; provided, however, that fences and walls may be permitted in any yard subject to height limitations as indicated herein. 101. Yard, Front: A yard extending between lot lines which intersect a street line, the depth of which is the horizontal distance between the street right-of-way line and a line on the lot which is at all points equal distance from the parallel to the street line. 102. Yard, Rear: An open space, unoccupied except for accessory buildings, on the same lot with a building between the rear lines of the buildings and the rear line of the lot for the full width of the lots. 103. Yard, Side: A yard extending from the rear line of the required front yard to the rear lot line. 104. Yard 1Naste: Organic waste including IeavesF qrass, brush, small loqs and branches, aarden waste, straw, dirt, and sod �A4: Veterinary Clinic: A place for the care, diagnosis and treatment of sick, ailing 105. or diseased animals which may include kennels for domestic pets, but does not include areas for the boarding of farm animals. Source: Ordinance No. 585 Effective Date: 1-14-83 �� Video Game Arcade: Any premises, building or structure containing more 106. than eight (8) video games for use by the general public, customers, patrons, or employees of such premises, building or structure. Source: Ordinance No. 609 Effective Date: 11-I1-83 106. Zoning Administrator: The Zoning Administrator is the appropriately designated official appointed by the City Manager for the purpose of administrating and enforcing this Chapter. Source: Ordinance No. 585 Effective Date: 1-14-83 *Renumbering Source (76-106): Ordinance No. 311, 2nd Serfes Effective Date: 10-29-04 Golden Valley City Code Page 17 of 17 § 11.35 Section 11.35: Light Industrial Zoning District Subdivision 1. Purpose The purpose of the Light Industrial Zoning District is to provide for the establishment of warehousing, offices and light industrial developments. Subdivision 2. District Established Properties shall be established within the Light Industrial Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.35, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.35 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the Light Industrial Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses and no others shall be considered permitted uses within the Light Industrial Zoning District: A. Offices B. Warehouses C. Wholesale-Retail distribution centers D. Electronics manufacturing E. Food packaging and processing; provided, however, that no processing shall involve any cooking, heating, smoking, soaking or marinating procedures Source: Ordinance No. 546 Effective Date: 9-IS-81 F. Assembly and/or fabricating exclusive of sheet metal or steel fabricating, foundries and similar uses except for the fabricating of sheet metal as it is used for the heating, ventilation and air conditioning business (which types of sheet metal fabricating shall be permitted uses Source: Ordinance No. 674 Effective Date: 12-27-85 Golden Valley City Code Page 1 of 10 § 11.35 H. Other light manufacturing uses that would not constitute a nuisance or health hazard to surrounding or adjacent residential or commercial districts Source: Ordinance No. 546 Effective Date: 9-18-81 I. Essential Services - Class I and Class III Source: Ordinance No. 271, 2nd Series Effective Date: 11-15-02 J. Temporary Retail Sales in accordance with Subdivision 12 of this section Source: Ordinance No. 118, 2nd Series Effective Date: 9-22-94 K. Sexually Oriented Businesses Source: Ordinance No. 326, 2nd Series Effective Date: 4-15-05 Subdivision 4. Conditional Uses The following uses may be allowed as Conditional Uses after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. Building materials yard (including inside and outside storage) B. Public garages for repairing and storing motor vehicles C. Laundries and dry-cleaning plants D. Animal hospital where domestic animals are received for treatment, care and cure by a duly licensed veterinary physician and surgeon in the customary and ordinary pursuit of his profession E. Ball fields and other recreation facilities F. Research and development laboratories and pilot plant operations incidental thereto G. Greenhouses with no outside storage, including an outside growing area no larger than the greenhouse building area. Retail sales may be permitted only where located inside and incidental to a wholesale business. H. Packaging and/or bottling of soft drinks or dairy products I. Bakeries (commercial-wholesale) Golden Valley City Code Page 2 of 10 § 11.35 J. Day care facilities provided that said facilities serve only dependents of persons employed on the same premises as are otherwise permitted by this Chapter Source: Ordinance No. 546 Effective Date: 9-18-81 K. Health, fitness and/or exercise facilities, including dance studio, gymnastic training, weight lifting studio, aerobic exercise and gymnasiums Source: Ordinance No. 573 Effective Date: 8-27-82 L. Heliports, as herein defined Source: Ordinance No. 643 Effective Date: 11-16-84 M. Food packaging and processing that involves cooking, heating, smoking, soaking or marinating procedures Source: Ordinance No. 664 Effective Date: 7-12-85 N. Child Care Facilities, as defined in this Chapter Source: Ordinance No. 712 Effective Date: 6-23-88 O. Truck/Van Terminals Source: Ordinance No. 50, 2nd Series Effective Date: 11-21-90 P. Medical clinics Source: Ordinance No. 82, 2nd Series Effective Date: 2-27-92 Q. Trade Schools or Training Centers Source: Ordinance No. 252, 2nd Series Effective Date: 7-26-01 R. Adult Day Care Center Source: Ordinance No. 264, 2nd Series Effective Date: 12-13-01 S. Drive-in bank facilities with frontage on a collector or minor arterial street Source: Ordinance No. 274, 2nd Series Effective Date: 12-27-02 Golden Valley City Code Page 3 of 10 § 11.35 T. Accessory retail services and/or sales incidental to a permitted use, conducted in an area less than ten percent (10%) of the building's footprint Source: Ordinance No. 283, 2nd Series Effective Date: 9-12-03 U. Minor Recyclin� Facilities with no outdoor storaae Subdivision 5. Prohibited Uses No building, structure, or land shall be used, and no building or structure shall be erected, altered or enlarged which is intended or designed, for any of the following uses: A. Residential dwellings B. Hotels, motels, rooming houses, or tourist homes C. Institutional uses Source: Ordinance No. 546 Effective Date: 9-IS-SI D. Except as provided herein, retail commercial uses, such as shopping centers Source: Ordinance No. 326, 2nd Series Effective Date: 4-IS-05 Deleted Loading & Parking Requirements Source: Ordinance 346, 2nd Series Effective Date: 7-1-06 *Subdivision 6. Yard Requirements Front yard, side yard and rear yard setbacks shall be required in the Light Industrial Zoning District as follows: A. In the case of premises abutting a public street front yard setbacks shall be at least thirty-five (35) feet from the right-of-way line of said street. All front yard setbacks shall be maintained as landscaped green areas. In the case of corner lots all portions of said lot abutting a public street shall be deemed to be a front yard. B. In the case of premises facing a Residential Zoning District or an R-2 Zoning District across a public street, the yard abutting that street shall not be less than seventy-five (75) feet from the right-of-way line of the street to the structu re. C. Other side and rear yard setbacks shall be as follows: Golden Valley City Code Page 4 of 10 § 11.35 1. In the case of premises adjoining a Residential Zoning District or an R-2 District required side and rear yard setbacks shall be not less than one hundred (100) feet in depth. 2. In the case of premises adjoining a Multiple Dwelling, Business and Professional Office, or Institutional Zoning Districts, required side and rear yard setbacks shall not be less than fifty (50) feet in depth. Source: Ordinance No. 546 Effective Date: 9-18-81 3. In the case of premises adjoining a Commercial, Light Industrial, Industrial, or Railroad Zoning District, required side and rear yard setbacks shall be not less than twenty (20) feet in depth. Saurce: Ordinance No. 271, 2nd Series Effective Date: 11-15-02 4. One-half (0.5) of the required side and rear yards, as measured from the lot line, shall be landscaped, planted, and maintained as a buffer zone. Source: Ordinance No. 546 Effective Date: 9-18-81 *Subdivision 7. Us� Qualifications A. Landscaping. All open areas of any site, lot, tract or parcel shall be so graded so as to provide proper drainage, and except for areas used for parking, drives, or storage, shall be landscaped with trees, shrubs, or planted ground cover. Such landscaping shall conform with a landscape plan that conforms to City standards and is approved by the City Manager or his or her designee. Source: O�dinance No. 427, 2nd Series Effective Date: 12-25-09 B. Storage. All raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building, or within the confines of a one hundred percent (100%) opaque wall or fence not less than six (6) feet in height. C. Screening. All principal, accessory, and conditional uses, except business signs, which are situated within fifty (50) feet of a Residential Zoning District or an R-2 Zoning District shall be screened and buffered from such Zoning District by a separation of open space which shall have a minimum depth of thirty (30) feet, and shall include a required fence or vegetative screening of not less than ninety percent (90%) opacity, and not less than six (6) feet in height above the level of the said Residential or R-2 Zoning District. Golden Valley City Code Page 5 of 10 § 11.35 Source: Ordinance No. 546 Effective Date: 9-18-81 *Subdivision 8. Building Height No building or structure, other than water tanks, water towers, essential service communication structures as provided for in Section 11.71 of this Code and lighting fixtures, shall be erected to exceed a height of forty-five (45) feet in the Light Industrial Zoning District. All necessary mechanical equipment and elevator penthouses will not be included in computation of building height. Source: Ordinance No. 271, 2nd Series Effective Date: 11-IS-02 *Subdivision 9. Lot Coverage No building or structure, or group thereof, shall occupy more than fifty percent (50%) of the total land area of any lot or parcel in a Light Industrial Zoning District. Source: Ordinance No. 609 Effective Date: 11-11-83 *Subdivision 10. Accessory Uses The following are permitted accessory uses in the Light Industrial Zoning District: A. Essential Services - Class II Source: Ordinance No. 80, 2nd Series Effective Date: 11-28-91 *Subdivision 11. Temporary Retail Sales A. Temporary retail sales shall include only the retail sales contemplated by the permitted uses in the Commercial Zoning District. Retail sales contemplated by the conditional uses in the Commercial Zoning District are excluded. B. Any person seeking to operate a temporary retail sale in an industrial district shall apply for a permit therefore from the Chief of Fire and Inspections Services. A completed application must be submitted at least two (2) weeks prior to the commencement of the temporary retail sale. The Chief of Fire and Inspections Services will issue a permit only after it is determined that the application meets all requirements of this subdivision. The permit application shall include the following: 1. The person(s) operating the retail sale and his or its address and telephone number. If a corporation, the state of incorporation shall be provided along with a list of the names and addresses of the officers and principal shareholders thereof. 2. The names and addresses of the owner(s) of the lot or site on which the sale is to take place (sales premises) and proof that the owner(s) has authorized the temporary retail sale. Golden Valley City Code Page 6 of 10 § 11.35 3. The exact dates and hours of operation of the proposed sale. 4. The name of the person who will manage the temporary sale on the site and the names of employees who will work at it. 5. A parking plan which indicates adequate available parking on the sale premises during its proposed hours of operation. The plan must also indicate adequate parking for any other businesses located on the same sale premises. If adequate parking is not indicated on the parking plan in the opinion of the Chief of Fire and Inspections Services, a permit will not be issued for the temporary retail sale. 6. A vehicle circulation and street access plan which shall be submitted for review by the Director of Public Safety. It shall include acceptable methods of access to the sale premises and acceptable traffic control measures to ensure safety of those entering and exiting the sale premises. The operator of the sale must provide at his or her cost all traffic control measures recommended by the Director of Public Safety which may include the hiring of qualified persons to control traffic. If an acceptable vehicle circulation and street access plan is not provided in the opinion of the Director of Public Safety, a permit will not be issued for the temporary retail sale. 7. A non-refundable permit fee, established by City Council Resolution. 8. A written authorization for the sale from the property owner(s), together with the property owner's certification that he has given notification of the sale to all other tenants of the building or site in which the sale is to take place. 9. Proof that all applicable licenses and approvals from the City, Hennepin County or other governmental units have been obtained. C. No site may be used for a temporary retail sale for more than five (5) consecutive days and a total of fifteen (15) days in any one (1) calendar year. D. The plans for the temporary retail sale shall be approved by the Fire Marshal in order to insure that all fire and safety codes are met. If they are not so approved, a permit for such sale will not be issued. E. The temporary retail sale shall not interrupt vehicular circulation on the site or obstruct parking spaces needed by permanent businesses established on the site. F. The temporary retail sale shall take place only inside a building. Golden Valley City Code Page 7 of 10 § 11.35 *G. Sale hours shall be between 9 am and 9 pm. *H. The permit for a temporary retail sale shall be immediately revoked by the Chief of Fire and Inspections Services or his designee if any of the following occur: 1, Failure to meet any conditions of the permit; 2. Failure to provide adequate off-street parking for the sale, which ofF- street parking does not impede the operation of other businesses on the premises; 3. Failure to provide safe ingress and egress to the site; 4. Failure to provide fire and safety provisions required by the City Code; 5. Failure to obtain all applicable licenses and approvals from governmental units; or 6. Failure to comply with any provisions of this subdivision. Source: Ordinance No. 118, 2nd Series Effective Date: 9-22-94 *Renumbering Source (G-H): Ordinance 272, 2nd Series Effective Date: 10-25-02 *Subdivision 12. Accessory Uses The following are permitted accessory uses in this Zoning District: A. Essential Services - Class I B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in this Zoning District: 1. Location. A Detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least ten (10) feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the Golden Valley City Code Page 8 of 10 § 11.35 existing garage or accessory structure as long as the ten (10) feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for this Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in this Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than ten (10) feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than ten (10) feet from an alley. 6. Height limitations. No accessory structure shall be erected in this Zoning District to exceed a height of one (1) story. One (1) story may not exceed ten (10) feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. 8. Number and Size of accessory structures. Only one (1) accessory structure shall be allowed on each property and no accessory structure shall be larger in size than the principal structure. In no case shall an accessory structure be greater than one thousand (1000) square feet or less than one hundred twenty (120) square feet in area. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. Accessory structures not used solely for storage and related activities shall have open sides from floor to ceiling, except that they may have railings and temporary screening (used only on two (2) sides at a time), all constructed in accordance with the building code. 9. Design. All accessory structures constructed after the construction of the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory structures located in this Zoning District require a building permit. Golden Valley City Code Page 9 of 10 § 11.35 li. Parking structures and garages. In this Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. Source: Ordinance No. 344, 2nd Series Effective Date: 05-25-06 * Renumbering Source (Subd. 6-12): Ordinance 346, 2nd Series Effective Date: 7-1-06 Golden Valley City Code Page 10 of 10 § 11.36 Section 11.36: Industrial Zoning District Subdivision 1. Purpose The purpose of the Industrial Zoning District is to provide for the establishment of industrial and manufacturing development and uses along with directly related and complementary uses which, because of the nature of the product or character of activity, requires isolation from residential and commercial areas. Subdivision 2. District Established Properties shall be established within the Industrial Zoning District in the manner provided for in Section 11.90, Subdivision 3 of this Chapter, and when thus established shall be incorporated in this Section 11.36, Subdivision 2 by an ordinance which makes cross-reference to this Section 11.36 and which shall become a part hereof and of Section 11.10, Subdivision 2 thereof, as fully as if set forth herein. In addition the Industrial Zoning Districts thus established, and/or any subsequent changes to the same which shall be made and established in a similar manner, shall be reflected in the official zoning map of the City as provided in Section 11.11 of this Chapter. Subdivision 3. Permitted Uses The following uses are permitted in the Industrial Zoning District: A. All uses permitted in the Light Industrial Zoning District B. Lumber yard, including outside storage C. Building materials yard, including outside storage D. Battery and tire service E. Blacksmith, repair, machine shop, or tin shop F. Animal kennels where animals are customarily kept, boarded, cared for, trained, or fed, or bought and sold, as a business G. General manufacturing uses, including the compounding, assembly or treatment of articles or materials H. Hotels and motor hotels I. Class I restaurants J. Metal fabrication and assembly Source: Ordinance No. 551 Effective Date: 9-11-81 Golden Valley City Code Page 1 of 8 § 11.36 K. Temporary Retail Sales in accordance with Subdivision 11 of this section. Source: Ordinance No. 79, 2nd Series Effective Date: 10-10-91 L. Sexually Oriented Businesses. Source: Ordinance No. 326, �nd Series Effective Date: 4-15-05 M. Minor, Recycling Facilities with no outdoor storaqe Subdivision 4. Conditional Uses The following conditional uses may be allowed after review by the Planning Commission and approval by the Council following the standards and procedures set forth in this Chapter: A. All conditional uses as provided for in the Light Industrial Zoning District B. Car wash C. Structures and premises for automobile, or other motor vehicle sales and showrooms, with incidental accessory service and repair facilities D. Gasoline service stations E. Bulk storage of gas, fuel oil, chemicals, and other liquid or solid materials which may be considered hazardous or toxic F. Mortuaries G. OfF-street parking lots for adjacent Commercial or Industrial uses H. Outdoor sales including motor vehicle and equipment rental I. Drive-in retail establishments, such as banks, cleaners, photo shops, restaurants (Class II), and similar uses ]. Unattended business operations, such as vending machines and equipment K. Temporary structures such as tents or air-supported structures L. Railroad yards, railroad tracks and rights-of-way in such yards, railroad shops, round houses, and any other use which shall be for railroads M. Automobile repair shops, auto body repair and/or painting, and auto cleaning and reconditioning Source: Ordinance No. 641 Effective Date: 11-16-84 N. Heliports, as herein defined Golden Valley City Code Page 2 of 8 § 11.36 Source: Ordinance No. 643 Effective Date: 11-16-84 O. Child Care Facilities, as defined in this Chapter Source: Ordinance No. 712 Effective Date: 6-23-SS P. Trade Schools or Training Centers Source: Ordinance No. 53, 2nd Serfes Effective Date: 1-23-91 Q. Adult Day Care Center Source: Ordinance No. 264, 2nd Series Effective Date: 12-13-02 R. Major Recycling Facilities with no outdoor storaae Subdivision 5. Building Height No building or structure, other than water tanks, water towers, essential service communication structures as provided for in Section 11.71 of this Code 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. Source: Ordinance No. 365, 2nd Series Effective Date: 3-23-07 Subdivision 6. Yard Requirements Front, side and rear yard setbacks shall be required within the Industrial Zoning District as follows: A. In the case of premises abutting a public street front yard setbacks shall be at least thirty-five (35) feet from the right-of-way line of said street. All front yard setbacks shall be maintained as landscaped green areas. In the case of corner lots all portions of said lot abutting a public street shall be deemed to be a front yard. B. In the case of premises facing a Residential Zoning District or an R-2 Zoning District across a street, the yard abutting that street shall not be less than seventy-five (75) feet in depth. C. Other side and rear yard setbacks shall be as follows: 1. In the case of premises adjoining a Residential Zoning District or an R-2 District, required side and rear yard setbacks shall be not less than one hundred (100) feet in depth. 2. In the case of premises adjoining a Multiple Dwelling, Business and Professional Office, or Institutional Zoning District, required side and rear yard setbacks shall be not less than fifty (50) feet in depth. Golden Valley City Code Page 3 of 8 § 11.36 Source: Ordinance No. 551 Effective Date: 9-11-81 3. In the case of premises adjoining a Commercial, Light Industrial, Industrial, or Railroad Zoning District, side and rear yard setbacks shall be not less than twenty (20) feet in depth. Source: Ordinance No. 271, 2nd Series Effective Date: ii-15-02 4. All required front yard setbacks shall be landscaped, and one-half (1/2) of the required side and rear yard setbacks shall be landscaped. Source: Ordinance No. 551 Effective Date: 9-11-S1 *Subdivision 7. Landscaping and Screening A. All required yards shall be landscaped according to a landscape plan that conforms to City standards and is approved by the City Manager or his or her designee. Source: Ordinance No. 427, 2nd Series Effective Date: 12-25-09 B. A solid screen, consisting of either a solid fence or wall not less than six (6) feet in height, or a planted landscape screen providing at least ninety percent (90%) opacity and at least six (6) feet in height at the time of planting, shall be installed and maintained along all property lines separating an Industrial Zoning District from any Residential, Multiple Dwelling, or Institutional Zoning District. C. All waste material, debris, refuse, junk or damaged vehicles shall be either kept entirely within an enclosed building, or completely screened from public streets and adjacent property. D. In the Industrial Zoning District, no materials or equipment shall be stored outside, unless screened in such a manner as not to be visible from adjacent properties or streets. No storage shall be permitted within the required landscaped area. Source: Ordinance No. 551 Effective Date: 9-11-SI *Subdivision 8. Lot Coverage No building or structure, or group thereof, shall occupy more than fifty percent (50%) of the total land area of any lot or parcel in an Industrial Zoning District. Source: Ordinance No. 609 Effective Date: 11-11-83 Golden Valley City Code Page 4 of 8 § 11.36 *Subdivision 9. Temporary Retail Sales A. Temporary retail sales shall include only the retail sales contemplated by the permitted uses in the Commercial Zoning District. Retail sales contemplated by the conditional uses in the Commercial Zoning District are excluded. B. Any person seeking to operate a temporary retail sale in an industrial district shall apply for a permit therefore from the Director of Zoning and Community Services. A completed application must be submitted at least two (2) weeks prior to the commencement of the temporary retail sale. The Director of Zoning and Community Services will issue a permit only after it is determined that the application meets all requirements of this subdivision. The permit application shall include the following: 1. The person(s) operating the retail sale and his or its address and telephone number. If a corporation, the state of incorporation shall be provided along with a list of the names and addresses of the ofFicers and principal shareholders thereof. 2. The names and addresses of the owner(s) of the lot or site on which the sale is to take place (sales premises) and proof that the owner(s) has authorized the temporary retail sale. 3. The exact dates and hours of operation of the proposed sale. 4. The name of the person who will manage the temporary sale on the site and the names of employees who will work at it. 5. A parking plan which indicates adequate available parking on the sale premises during its proposed hours of operation. The plan must also indicate adequate parking for any other businesses located on the same sale premises. If adequate parking is not indicated on the parking plan in the opinion of the Director of Zoning and Community Services, a permit will not be issued for the temporary retail sale. 6. A vehicle circulation and street access plan which shall be submitted for review by the Director of Public Safety. It shall include acceptable methods of access to the sale premises and acceptable traffic control measures to ensure safety of those entering and exiting the sale premises. The operator of the sale must provide at his or her cost all trafFic control measures recommended by the Director of Public Safety which may include the hiring of qualified persons to control traffic. If an acceptable vehicle circulation and street access plan is not provided in the opinion of the Director of Public Safety, a permit will not be issued for the temporary retail sale. 7. A non-refundable permit fee, established by City Council Resolution. Golden Valley City Code Page 5 of 8 § 11.36 8. A written authorization for the sale from the property owner(s), together with the property owner's certification that he has given notification of the sale to all other tenants of the building or site in which the sale is to take place. 9. Proof that all applicable licenses and approvals from the City, Hennepin County or other governmental units have been obtained. C. No site may be used for a temporary retail sale for more than five (5) consecutive days and a total of fifteen (15) days in any one (1) calendar year. D. The plans for the temporary retail sale shall be approved by the Fire Marshal in order to insure that all fire and safety codes are met. If they are not so approved, a permit for such sale will not be issued. E. The temporary retail sale shall not interrupt vehicular circulation on the site or obstruct parking spaces needed by permanent businesses established on the site. F. The temporary retail sale shall take place only inside a building. Source: Ordinance No. 79, 2nd Series Effective Date: 10-10-91 G. Sale hours shall be between 9 am and 9 pm. H. The permit for a temporary retail sale shall be immediately revoked by the Director of Zoning and Community Services or his/or her designee if any of the following occur: 1. Failure to meet any conditions of the permit. 2. Failure to provide adequate off-street parking for the sale, which off- street parking does not impede the operation of other businesses on the premises. 3. Failure to provide safe ingress and egress to the site. 4. Failure to provide fire and safety provisions required by the City Code. 5. Failure to obtain all applicable licenses and approvals from governmental units. 6. Failure to comply with any provisions of this subdivision. Source: Ordinance No. 272, 2nd Series Effective Date: 10-25-02 Golden Valley City Code Page 6 of 8 § 11.36 *Subdivision 10. Accessory Uses. The following are permitted accessory uses in this District: A. Essential Services - Class II B. Accessory Structures. The following regulations and setbacks shall be required for accessory structures in this Zoning District: 1. Location. A detached accessory structure shall be located completely to the rear of the principal structure, unless it is built with frost footings. In that case, an accessory structure may be built no closer to the front setback as the principal structure. If an addition is built on to an existing principal structure that would create a situation where an existing garage or accessory structure would not be completely to the rear of the addition to the principal structure, the addition to the principal structure may be built and the existing garage or accessory structure may remain and be considered conforming as long as there is at least ten (10) feet of separation between the existing principal structure with the addition and the existing garage or accessory structure. Additions may be made to the existing garage or accessory structure as long as the ten (10) feet of separation can be met. 2. Front setback. Accessory structures shall be located no less than the required setback for this Zoning District from the front property line along a street right-of-way line. 3. Side and rear setbacks. Accessory structures shall be located no less than the required setback for principal structures in this Zoning District from a side or rear yard property line. 4. Separation between structures. Accessory structures shall be located no less than ten (10) feet from any principal structure and from any other accessory structure. 5. Alley setback. Accessory structures shall be located no less than ten (10) feet from an alley. 6. Height limitations. No accessory structure shall be erected in this Zoning District to exceed a height of one (1) story. One (1) story may not exceed ten (10) feet from the floor to the top plate. Attic space in accessory structures shall be used only for storage and/or utility space. 7. Cornices and eaves. Cornices and eaves may not project more than thirty (30) inches into a required setback. 8. Number and Size of accessory structures. Only one (1) accessory structure shall be allowed on each property and no accessory structure shal! be larger in size than the principal structure. In no case shall an Golden Valley City Code Page 7 of 8 § 11.36 accessory structure be greater than one thousand (1,000) square feet or less than one hundred-twenty (120) square feet in area. Accessory structures include storage buildings, detached sheds, greenhouses, gazebos and other shelters. Accessory structures not used solely for storage and related activities shall have open sides from floor to ceiling, except that they may have railings and temporary screening (used only on two (2) sides at a time), all constructed in accordance with the building code. 9. Design. All accessory structures constructed after the construction of the principal structure must be designed and constructed of similar materials as determined by the City Manager or his designee. 10. Building Permits. All accessory structures located in this Zoning District require a building permit. 11. Parking structures and garages. In this Zoning District, parking structures and garages shall not be considered accessory structures if they are used to meet the required number of parking spaces. 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