09-09-15 Joint PC-CC Minutes Joint Meeting of the
Golden Valley City Council and Planning Commission
February 9, 2015
A joint meeting of the City Council and Planning Commission was held at the Golden
Valley City Hall, Council Conference Room, 7800 Golden Valley Road, Golden Valley,
Minnesota, on Monday, February 9, 2015. Mayor Harris called the meeting to order at
8:20 pm.
Those present were Mayor Shep Harris; Council Members Joanie Clausen, Larry
Fonnest, Steve Schmidgall, Andy Snope; Planning Commissioners Rich Baker, Ron
Blum, David Cera, Andy Johnson, John Kluchka, Chuck Segelbaum, Cathy
Waldhauser; Physical Development Director Marc Nevinski, Planning Manager Jason
Zimmerman, Associate Planner/Grant Writer Emily Goellner; Jeff Miller and Rita Trapp,
HKGi cansultants
1. Subdivision Study's Recommendations for Potential Subdivision/Zoning
Ordinance Amendments
Miller introduced the topics to be discussed and pointed to the six areas in which
recommendations for change would be made: tree preservation, minimum lot size,
irregular lots, lot line definitions, house to lot relationships, and PUDs.
A) Tree Preservation
Miller reviewed the concerns of residents and outlined the proposed changes. Cera
asked if the percentage of trees allowed for removal was currently 40% and if it was
proposed to be changed to 20%. Miller said yes.
Kluchka asked if there was no subdivision then no tree preservation requirement would
be necessary? Miller said yes.
Baker asked why a tree survey was being required. Miller stated that it gave visibility to
the trees on a site and provided a way to initiate conversation on tree preservation as
part of subdivision review, which is not now the case.
Kluchka asked if this created a gap in reviewing tree preservation. Zimmerman
responded that it filled a gap by bringing it to the public eye early. Waldhauser stated
that it provides more information and help with public understanding but doesn't require
the Planning Commission or City Council to act on it. Baker pointed out that trees that
might be cut down later would be captured on the record.
Clausen asked for an explanation of the 40% vs. 20% reduction. Miller indicated it had
to do with the initial vs. individual lot improvement.
Minutes of the Joint City Council/Planning Commission
February 9, 2015
Page 2
Kluchka asked if the applicant could conduct the tree survey or if an independent third
party would be required. The group agreed that a certified tree inspector should be
required.
Harris asked why not review tree preservation during subdivision? Kluchka replied that
no trees are removed during the subdivision process, but later as part of permitting.
Cera indicated that control is needed during the subdivision process. Snope replied that
a preservation plan shouldn't be necessary during the subdivision pracess.
Baker commented that it is too easy to cut down large trees and that other cities
manage to preserve them and that the priority should be on large trees so that they are
harder to remove.
Snope asked if changes were being recommended to the subdivision code or the tree
preservation code. Miller replied both. Baker said that we need to limit the removal of
large trees. Snope commented that we are looking at subdivisions. Baker stated that it
is about development. Miller indicated that the task was to address subdivisions. Baker
asked that his concerns be captured for future discussion.
Zimmerman stated that staff would like to add landscaping and other changes to the
tree preservation code and wants to make those changes separately with more study.
Harris indicated the need to look at the bigger picture. Baker stated he wants the City to
be innovative and have a strong tree preservation code.
Kluchka asked about mitigation. Zimmerman replied that the requirements are laid out
in the code. Kluchka said more public education is needed. Johnson asked if significant
trees could be cut down before subdivision. Miller said yes, which is why a tree survey
would be helpful. Cera said it moves the starting line back from the permitting process.
B) Minimum Lot Size
Trapp reviewed the concerns of residents and outlined the proposed changes. She
indicated the changes are proposed to be made in the subdivision eode in order to
avoid creating non-conformities.
Snope asked for clarification on the 10,000 vs. 15,000 square foot minimums. Clausen
asked if 250 feet or 500 feet was the appropriate distance. Trapp said the numbers
were run both ways and it didn't make a consistent difference in the results. Clausen
indicated 250 feet really captures the immediate neighborhood.
Segelbaum asked if the lot to be subdivided would be included in the calculations.
Trapp said no. Zimmerman asked for confirmation that it only included R-1 zoned
properties. Trapp said yes.
Minutes of the Joint City Council/Planning Commission
February 9, 2015
Page 3
Kluchka asked if there was precedent for changing the rules for existing owners. Trapp
said yes, but it was not something to be taken lightly. Kluchka asked if the City would be
able to do the calculations. Zimmerman said yes. Kluchka asked if someone would be
able to game the system. Trapp said it would be very difficult to do.
Cera expressed his concern that larger lots could have very large homes. Waldhauser
stated that we could consider reduced lot coverage for larger lots. Clausen indicated
she supported the approach but that we may have to adjust other standards.
Kluchka stated he is concerned about the legal risks. Fonnest asked if the League of
Minnesota Cities would help if the City were to be sued. Nevinski answered that the City
would be responsible for the deductible.
C) Irregular Lot Shape
Miller reviewed the concerns of residents and outlined the proposed changes. Kluchka
asked about the use of the midpoint of the building envelope. Zimmerman replied that
the staff supported using 70 feet. Miller stated that there does not seem to be precedent
for using 70 feet, but that it was similar to the midpoint of the building envelope in many
cases. Segelbaum asked if we might be penalizing deep lots. Segelbaum asked if it
would create non-conforming lots. Miller said it could be addressed in the subdivision
code to avoid that situation.
D) Lot Line Definitions
Trapp reviewed the concerns of residents and outlined the proposed changes.
Waldhauser asked about using a 10' rear Iot line instead of multiple rear lot lines.
Clausen indicated her lot has a strange shape and asked how it would be handled.
Zimmerman said that her lot has two front yards but only one rear yard.
E) Rear Yard Setback
Trapp reviewed the concerns of residents and outlined the proposed changes. Cera
asked if 20% or 25 feet would be greater. Kluchka asked if this would create non-
conforming lots. Zimmerman said yes and variances would be needed to expand those
structures.
Johnson asked why make the setback dependent on depth? Cera replied otherwise a
larger lot could get a larger building. Segelbaum indicated the other setbacks were set
numbers and not percentages. Trapp said 15 to 40 feet were the precedents from other
cities.
F) PUDs
Minutes of the Joint City Council/Planning Commission
February 9, 2015
Page 4
Zimmerman reviewed the concerns of City officials and outlined the proposed changes.
Clausen asked if these limits would have impacted the Triton Drive PUD. Gera asked
about the size of the Sweeney Lake PUD. Zimmerman replied the Triton Drive PUD was
more than 2 acres so would not have been effected. The Sweeney Lake PUD was more
than 3 acres. Waldhauser asked why developers want PUDs? Zimmerman replied they
offer flexibility.
Miller commented on the Construction Management Agreement being developed by
staff and pointed out other issues that were not being addressed through the study at
this time.
Harris asked about the conditions of approval for minor subdivisions and if the group
was comfortable leaving the determination of impacts on neighborhoods in the hands of
the City Engineer. He also wondered how these changes might have impacted past
developments.
2. Adjournment
Mayor Harris adjourned the meeting at 10:25 pm.
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Charles D. Seg baum, Secretary J 's`pn Zim e man, Planning Manager
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