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10-22-18 PC Agenda AGENDA Planning Commission Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, October 22, 2018 7 pm 1. Approval of Minutes October 8, 2018, Regular Planning Commission Meeting 2. Conditional Use Permit Amendment— 800 Boone Avenue North —CU-119, Amendment#3 Applicant: Home Health Care, Inc. Address: 800 Boone Avenue North Purpose: To explore possible modifications to the current Conditional Use Permit in regard to social events being held at the facility. 3. Presentation of Capital Improvement Program 2018-2022 — Sue Virnig, City Finance Director --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 5. Other Business • Discussion —Zoning Overlay Districts • Council Liaison Report 6. Adjournment � .., This dacument is availab{e in al�erna�e formats upan a 72-hnur request, Please eal! 763-593-8006(TfY: 7b3-593-3968}to make a request. Examples of afternate formats ��. � � ' may include large print,electronic,BrailEe,aucJiacassette,etc. ` � � Regular Meeting of the Golden Valley Planning Commission October 8, 2018 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, October 8, 2018. Chair Baker called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blum, Brookins, Johnsan, Pockl, - and Segelbaum. Also present were Planning Manager Jason Zimmerman and City Attorney Maria Cisneros. Commissioner Angell was absent. 1. Approval of Minutes September 24, 2018, Regular Planning Commission Meeting Johnson referred to the first paragraph on page three and suggested the wording regarding new development be changed to state that Golden Val{ey is "fully developed" rather than stating that Golden Valley is no longer a city with "new development." MOVED by Johnson, seconded by Blum and motion carried'unanimously to approve the September 24, 2018, minutes with the above noted change. 2. Informal Public Hearing — Minor Subdivision — 1711 Xerxes Ave N —Jean and Dennys Annex—SU01-02 Applicant: Jack Benson Address: 1711 Xe�es Avenue North Purpose: To reconfigure the existing four single family residential lots into two new single family residential lots. Zimmerman referred to a location map of the property and explained the applicant's proposal to consolidate four existing lots of record and divide that into two new lots. He stated that the existing single-family home would remain and one new lot would be created with a�cess via York Avenue North. Zimmerman referred to the Land Use Map and the Zoning Map and stated that the property is zoned and guided for low density, single family (R-1) residential. Zimmerman referred to an aerial photo of the property and noted that it, along with many of the properties in this area, were originally platted as 50-foot wide lots. He referred to the photo of the property and showed how the applicant is proposing to create finro new lots with approximately one third of the property creating the new west lot and approximately two thirds of the property creating the new east lot. Zimmerman stated that the minimum lot requirements in the R-1 Zoning District are 10,000 square feet in area, 80 feet of width at the front setback line, and 80 feet of width 70 feet Minutes of the Golden Valley Planning Commission October 8, 2018 Page 2 into the lot. He explained that Lot 1 to the east will be 16,559 square feet in size with a width of 99.77 feet and that Lot 2 to the west will be 10,395 square feet in size with a width of 100 feet. So overall, all of the dimensional requirements required by City Code have been met under this proposal. He added that at this point the proposal is to sell the proposed new western Iot to a neighboring property owner who has no intention of building a new house. However in order to subdivide property an applicant must show that new lots are buildable and that utilities could be connected if at some point in the future the property is built on. Zimmerman stated that an Inflow and Infiltration inspection for the existing horne has been scheduled and that any necessary repairs will be made with escrowed money, a tree survey has been completed, and a park dedication fee of$1,980 is due prior to release of the Final Plat. Zimmerman stated that because all of the City Code requirements have been met staff is recommending approval of this proposed subdivision. Segelbaum referred to the tree survey and asked why that was included with this proposal since the new lot is not proposed to be developed at this time. Zimmerman stated that providing a tree survey was added to the subdivision requirements a couple of years ago in order to capture a snap shot in time of any significant trees'located on a property. He said it also allows staff to know what trees are on the property before any development occurs. Blum asked if this proposal is not considered to be a "flag lot" because there is access on both sides of the property and not just one access for two lots. Zimmerman said that is correct. Baker asked if there was a time when 50-foot wide lots were considered to be buildable. Zimmerman said yes. He added that they are still considered buildable lots and that there are a number of them in the City, but that new lots can't be created that narrow any more. Baker noted that the property is a fairly steep lot and that the City Engineer has determined that it is not too steep to'build on. Zimmerman agreed. Baker questioned why the City Engineer's rnemo said this property is adjacent to Theodore Wirth Park. Zimmerman said this property is'approximately 200-300 feet away from the park but there is no development between this property and the park. Johnson asked about stormwater issues that might affect neighboring properties as a result of developing this property. Zimmerman stated that stormwater issues would be reviewed as part of a building permit and grading plan submittal to make sure they aren't impacting neighboring properties. Johnson stated that those same procedures have been followed in the past and that the Planning Commission has heard from neighbors who have ended up having flooding in their basements after development occurs. He questioned if anything additional could be done or if any type of monitoring could occur. Johnson referred to the City Engineer's staff report where it refers to managing buckthorn in accordance with state and local laws and asked if a more direct statement could be Minutes of the Golden Valley Planning Commission October 8, 2018 Page 3 made instead of just recommending that people obey the laws and rules. Zimmerman agreed that the City encourages people to follow the rules but that there are some issues that might have a higher priority than others. Johnson referred to the City Engineer's staff report where it states that the property is not compliant with the City's I/I ordinance and asked how the City knows the properly is not compliant if an I/I inspection hasn't yet occurred and the results are pending review. Zimmerman explained that means that there is no certificate of compliance on record and when the inspection is done and any repairs are made a certificate will b� issued. Pockl asked why the lot is being split into two thirds and one third instead of in ha1f. Zimmerman said it is his understanding that the proposed new property line is being drawn where the existing lawn area meets the wooded area. Jack Benson, Applicant, stated that his neighbor at 1717 Xerxes will be purchasing the proposed new west lot. He stated that he is proposing the new lot line where he is because that is where the grass turns into woods. He said there isn't a month that goes by that he doesn't get an offer from someone to buy his house. He said he thinks people are interested in flipping the property which would lead to cutting down a very large oak tree that is basically in the middle of the proposed new lot so he is interested in keeping the area as it currently is. Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker closed the public hearing. Baker said he thinks this is a r�asonable application. Segelbaum agreed and said he doesn't see a basis on which to deny the proposal. Johnson agreed. MOVED by Brookins, seconded by Pockl and motion carried unanimously to approve the proposed minor subdivision of 1711 Xerxes Avenue North subject to the following conditions: 1. The City Attorney shall determine if a title review is necessary prior to approval of the Final Plat. 2. A park dedication fee of$1,980 shall be paid before release of the Final Plat. 3. Revocation Discussion — Conditional Use Permit— 800 Boone Avenue North — CU-119 Applicant: City of Golden Valley Address: 800 Boone Avenue North Purpose: To discuss the revocation of Conditional Use Permit#119 Minutes of the Golden Valley Planning Commission October 8, 2018 Page 4 Zimmerman stated that the City Council voted to revoke Conditional Use Permit#119 however they voted to stay the revocation and send it to the Planning Commission to explore finding a way to accommodate the principal use at that location. Zimmerman explained that this Conditional Use Permit (CUP) allows an Adult Day Care use at 800 Boone Avenue North. The CUP was approved is 2007 with a condition that allowed for "occasional evening social functions" to take place on the property. In 2009, the property owner asked the City Council to amend the Zoning Code to allow banquet/catering halls as a permitted use in the Light Industrial Zoning District. The City Council did not support this proposed amendment. Zimmerman noted that in 2011 the CUP was amended to increase the number of clients served at the facility. Zimmerman stated that the Police Department alerted staff to complaints about activity occurring at the property including: loud parties taking place in the late night and early morning hours, activity and noise spilling out into the parking lot, alcohol being consumed without a liquor license, and events open to the general:public being advertised on Facebook. Zimmerman stated that staff reached out to the property owner to understand the scope of the events that were taking place and the property owner provided a calendar to staff that showed 29 events scheduled between June'and December of 2018. These activities included conventions and parties beyond the "cultural and social" events for those in the adult day care program and had a large number of attendees. After reviewing the calendar, staff fees that the spirit of the original condition as well at other parts of the City Code were being violated. Zimmerman explained that staff proposed a set of mutual clarifying statements to the property owner regarding allowing occasional evening events and social functions because the original condition was not worded very carefully. However, the owner declined to agree to the proposed revised conditions so staff brought the issue to the City Council to explore revocation of the CUP. Af the Council meeting a number of findings were determined including: the number of social events exceeded what would reasonably be considered `bccasional;" the timing and length of the events exceeded what would reasonably be considered to be "evening" hours; alcohol was being consumed without a liquor license or permit in violation of Minnesota statutes; and the use of the facility as a banquet/catering hall is in viola#ion of the City's Zoning Code for the Light Industrial Zoning District. Zimmerman stated that the Council took two actions. They revoked the CUP which included all of the adult day care operations, but they stayed the revocation until November 7, 2018, because they think the adult day care is worthy use. They also decided to refer the matter to the Planning Commission to review and advise them prior to that date. Zimmerman noted that the Planning Commission's charge is to review the history of the CUP and the recent issues leading to the revocation, review the findings made by the Council to support the revocation, and to discuss if amending the current CUP conditions might offer a solution to the problem short of revocation. He explained that there are three possible actions the Planning Commission could take. The first action would be to support Minutes of the Golden Valley Planning Commission October 8, 2018 Page 5 the revocation and send a recommendation back to the City Council with findings. The second action would be to explore amendments to the current CUP conditions and call for a public hearing on October 22 to gather public input and debate potential language changes. The third action would be to recommend no change to the CUP and allow the activity to continue as is. Segelbaum noted that the CUP was issued to Heartland Adult Day Care, a subsidiary of DRAM Properties, Inc and asked if they should be considered as one entity. Zimmerman said his understanding is there are two businesses operating at this location. One is a home healthcare business and the other is the adult care use. He clarified that they are linked but the CUP is specific to the adult day care use. Segelbaum asked if a CUP applies �o the owner or the property, or if it applies to the space or to a tenant. Zimmerman stated that a CUP goes with the land and would stay in place if the property is sold ar transferred. Segelbaum asked if a different portion of the space is hosting these events, or if the adult day care space is. Zimmerman said it is all the same space. Baker referred to the July 12 letter from DRAM Properties where it states that the property has been used since 2001 as operational headquarters for several organizations. He asked if the City specifies in the CUP all of the functions occurring in the space. Zimmerman stated that only the adult day care use requires a CUP. All of the other uses occurring are permitted uses in the Light Industrial Zoning District. Johnson said he noticed in the agenda materia�ls that it states that events could only be organized on behalf of the employees or clien#s, but he does not see that in the CUP. Zimmerman agreed that is what is causing some of the confusion because that was discussed at the Planning Commission meetings, but the permit isn't as clear. Baker agreed and reiterated that condition four in the CUP lists the hours of operation and states that there is an exception for "occasional evening social functions." Brookins asked about the uses at the rear of the building, adjacent to the creek and if there are any concerns. Zimmerman said that the applicant has stated that there is a community garden in that area butthat he would have to talk to the Engineering staff about if it was done according to all of the regulations and rules. Blum asked if information about the police calls for service has been made part of the public process. Zimmerrnan referred to the police summary report in the agenda packet which highlights calls made between January and August. He said he could get some more detailed information for the Planning Commission to review. Baker asked if the citations issued were issued to the applicant or to attendees at the parties. Zimmerman said he believes the citations were issued to the attendees. Baker asked why there has been no enforcement related to the use of alcohol without a permit and the disturbance issues. Zimmerman stated that part of what brought these issues forward was that the applicant was told they could have evening events so the police weren't sure what the applicant was really allowed to do or not, and what the CUP's limits are, so they brought it to Planning's attention to get some clarification. Minutes of the Golden Valley Planning Commission October 8, 2018 Page 6 Segelbaum referred to the possible actions discussed earlier and asked if the second option regarding exploring amendments to the current CUP would allow the Planning Commission to come up with amendments, or to recommend that the Planning Commission has a public hearing to come up with potential amendments at that time. Zimmerman explained that the City Council's request to the Planning Commission is to explore if there is a way to solve these issues short of revocation. He said the only way to modify the existing CUP conditions is to do a formal CUP amendment process which includes a public hearing. He clarified that staff is looking for feedback from the Planning Commission on what route they want to take and then go forward from there. Segelbaum asked if it would help if the Planning Commission offered amendment language or input now in order to avoid revocation. Baker noted that the applicant was offered amendments/clarifications from staff and he turned them down. Zimmerman said staff would welcome Planning Comrnission and public input. Pockl asked Zimmerman if he knows of any complaints that have come forward during normal hours of operation when it is being operated as an adult day'care. Zimmerman said he hasn't heard complaints about the adult day care but he has heard concerns about the number of buses parking on the street and accessing the site. Baker noted that this is not a residential neighborhood and asked who has issued complaints and what the nature of the complaints has been. Zimmerman said there are some residential properties to the east and to north and that most of the complaints have been about noise, Ioud music, and activity in the parking lot. Blum asked approximately how far away the residential areas are located. Zimmerman said the ones to the east are approximately 100 feet away and the ones to north are much further away than that. Baker asked if there was any mention by the a�plicant of the party that was to occur the night after the City Council rneeting regarding revocation. Zimmerman said no, the applicant did not mention the event that was to occur the next night. Baker asked for clarification about the juxtaposition between the revacation and the stay and how that transpired. Zimmerman stated there is Ianguage in the City Code regarding revoking CUPs. He said there is no way for the `City to unilaterally change the conditions in a CUP so taking the step of revocation and then sending it back to the Planning Commission for the CUP amendment process is a way to allow the adult day care use to continue while addressing the other issues. Baker referred ta the staff report where it states that the simplest and most straightForward solution wouid be to completely restrict evening social events at this location. He asked Zimmerman to discuss the pros and cons of that approach. Zimmerman reiterated that the CUP really needs to focus on the adult day care use. He stated that any business is allowed to have employee events and other activities take place after hours and if there were problems the police would deal with�them on a complaint basis. In this situation because the evening events are lumped in with the adult day care use there is some hesitation to get too involved until the CUP issues are straightened out. He stated that a lot of the events seem to be banquet hall types of events which are not allowed so if it is made clear that only the adult day care use is allowed and that no banquet hall types of events are allowed it would be easier to enforce. Minutes of the Golden Valley Planning Commission October 8, 2018 Page 7 David Olshansky, Owner of DRAM Properties, gave some history of the businesses at this site. He stated that the home health care business just uses the office space and is not part of the adult day care business. He stated that the adult day care services started in 2003 and that they currently serve approximately 200 clients daily. He said they provide food, snacks, transportation and medical services to their clients. He said they also meet the cultural needs of their clients which would be very difficult to find elsewhere. He said he probably extended too much by allowing the employees of Home Health Care to use the space because he is trying to accommodate every need that people have including social events. He said they don't provide food or liquor at these events, they just provide the space. He stated that the facility has probably been misused and that it d'oesn't compliment their services and good reputation. He said he is willing to work with the City to find a solution to how they can operate and provide services at this location. Segelbaum referred to the event space rental agreements in the ager�da packet and asked Mr. Olshansky if he charges people for the use of the space. Olshansky said yes, they charge a minimal fee of between $700 and $1,200 to cover their costs and that some people were not charged at all depending on the event. Baker asked Mr. Olshanky about the other businesses he aperates. Olshansky said they operate Physical Therapy of Golden Valley which does physical therapy, occupational speech therapy, and other services. He said'they also operate Talent Solutions which is an employment agency for Home Health Care. He said they don't do catering services or sell food. Johnson asked Mr. Olshansky how he would interpret the condition in the Conditional Use Permit that states the hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social,functions. Olshanky said the adult day care services hours are 7 am to 5:30 pm and occupies approximately 15,000 square feet, but they have other businesses as well occupying the rest of the space so he thought the Conditional Use Permit only applied to the adult day care business not to the other businesses. He stated that "occasional" to him means not every day. He said the events are for their participants for example concerts and expositions which he thinks is a good use for people. He said there are not events every day or every weekend and that he agrees the events should be regulated and have probably been excessive. He clarified that the event held the day after the City Council meeting was an employee appreciation event and he had a food truck permit issued from the City for the event. Baker referred to the letter from staff dated July 30, 2018, which offered four clarifications to the existing CUP and asked Mr. Olshansky why he chose not to sign that letter or accept the clarifications offered. Olshansky said it was a mistake and he probably didn't understand the letter correctly. Baker asked Mr. Olshansky if he would now find the clarifications in the letter acceptable. Olshansky said he would now sign the letter. He reiterated that he would like to work with City and get clarification on the things he is allowed to do. Baker stated that clearly Mr. Olshansky provides a service and he is reluctant to see this service go away. He asked Mr. Olshansky if it would be acceptable to him if the City Council Minutes of the Golden Valley Planning Commission October 8, 2018 Page 8 says there can be no after-hours events at all. Olshansky questioned if that would apply to the adult day care business or to all of the businesses because that is his confusion. Baker stated that staff felt confident in the clarifications written in the July 30 letter to Mr. Olshansky and that Mr. Olshansky has made some mistakes that he has owned up to so he doesn't see any obvious reasons not to offer the same clarifications if there is an opportunity � to do so. Johnson said he didn't get a clear answer from Mr. Olshansky regarding his interpretation of "occasional evening social functions." He said he doesn't think it is the Planning Commission's role to be negotiating something that is really a question of how the City should interpret those words. He said he is not sure why this issue has to be solved so quickly and he's concerned about it exposing the City to more risk. He said he supports the revocation of the CUP. Baker stated that the Planning Commission is being asked to consider the three actions Zimmerman discussed earlier. Johnson said he doesn't agree that they should be negotiating or trying to discuss what an amendment should be when there are other mechanisms in the City including Codes, attorneys, etc. that can interpret what "occasional evening social functions" means. He reiterated that he supports the revocation because occasional evening social fu'nctions don't extend until three in the morning. Cisneros clarified that the City Council and herself as City Attorney have interpreted that condition and agree with Johnson that what was happening at the property was in violation of the CUP so it was revoked. If'the Planning Commission and the City Council take no further action the CUP will be revoked and the adult day care will have to close on November 7, so that is why there has been some urgency. Blum said part of what the Planning Commission has been asked to do is discuss the City Council findings. He highlighted some of the things that stood out to him including the fact that there has been clear violation of City,ordinances and CUP conditions, there have been noise complaints from hundreds of feet away, there have been parties that were potentially hosted by employees and profit being garnered by the property owner, and there were several admissions by,Mr. Olshansky of misuse of the property which is both positive and negative. He suggested getting more details regarding the police reports to help with the revocation discussion. He added that there are enforcement options in this case as well and that citations could still occur. He stated that what they want isn't necessarily punishment, but comptiance so he supports the finding and conclusion of the revocation but they could consider staying the revocation further to try to come to an agreement with the property owner. Zimmerman stated that this doesn't have to be a negotiation, as a body the Planning Commission is asked to come up with conditions that are relevant for containing any impacts of the use and to protect surrounding properties from negative impacts. Pockl asked if option two is picked by the Planning Commission which would be to explore amendments to the current CUP conditions if they could ultimately recommend revocation of the CUP. Zimmerman said yes, the Planning Commission could ultimately recommend revocation. Segelbaum said he feels that the Planning Commission has been charged with the task of trying to figure out what is appropriate in this case. He said there isn't much room for Minutes of the Golden Valley Planning Commission October 8, 2018 Page 9 misunderstanding. In 2009 Mr. Olshansky specifically asked to have a banquet business and was denied. He was allowed to have occasional evening functions, and now those activities have been going on until late in the evening. He said his sense is that if the City Council is asking the Planning Commission what is appropriate, he feels the adult day care use is an asset to the City. He said he doesn't understand how they are going come up with language that permits certain types of parties and not others, or parties at certain times of the day and not others so he would feel most comfortable not allowing any evening events at all. Johnson questioned if the Planning Commission were to proceed with the second option of exploring amendments to the current CUP conditions how different they would be from the options given to the property owner in Zimmerman's letter dated July 30. He asked why the City couldn't just send the property owner another letter since he has indicat�d that he would now sign it. Cisneros explained that the City Council has now revoked the CUP and so the only way for the CUP to continue is for the Planning Commission to make a recommendation to the City Council and to follow the CUP ordinance. Baker said he is inclined to go with the second options because it still allows for revocation if needed. Pockl agreed and said she thinks an adult care is a beneficial service in Golden Valley. Blum asked Cisneros if the Planning Commission can extend the revocation period in order to monitor if the property owner is complying with City ordinances and the CUP conditions. Cisneros said the City Council does have the authority to extend the stay but she didn't know about placing a probationary period on the CUP itself without doing further research. Brookins said he would be in support of the second option and possibly adding further for restrictive conditions as needed to provide clarification. Blum said he supports re�ocation of the CUP. He said the findings and actions were appropriate. He said he alsra thinks option two would be reasonable as well if only to preserve the adult day care use which is a positive service for the community. Johnson asked what happens if the CUP is revoked on November 7. Zimmerman stated that the adult day care`would have to cease operations and re-apply for a new CUP. Blum asked if there is a period of time that the property owner has to wait to reapply for a CUP or if there is a penalty to reapply. Cisneros said people are prevented from reapplying when an application is denied, but not revoked so the applicant could reapply right away. Johnson stated that the City Council deals with these kinds of issues day in and day out and are much closer with the business community than the Planning Commission. He said the Planning Commission is being asked to revisit a rule that wasn't followed. The property owner was sent a letter telling him to stop having events and he didn't stop and now they are considering spending time rewriting the language to what end so he supports the first action which is revoking the CUP. Segelbaum agreed, but doesn't want to discontinue the day care service for 200 people in the community. Baker agreed. Johnson said the City shouldn't be held hostage to that and that this issue is out of the scope of the Planning Minutes of the Golden Valley Planning Commission October 8, 2018 Page 10 Commission. Brookins said he is in support of the second option to explore amendments because they will have to opportunity to add conditions to the CUP. MOVED by Segelbaum, seconded by Brookins and motion carried 5 to 1 that the Planning Commission review at its October 22 meeting an amendment to the current CUP conditions for CU-116 at 800 Boone Avenue North. Commissioner Johnson voted no. Blum asked if at the October 22 meeting the revocation could be finalized. Cisneros stated that nothing further is needed to finalize the revocation, it is already final. Johnson stated that this business incurred this revocation so maybe the business owner and not the City could do something to take care of his 200 clients in the interim. --Short Recess-- 4. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meeti�gs Johnson noted that he attended a portion of the recent APA MN Planning Conference and specifically learned a lot at a session on public art. 5. Other Business • Planning Commissioner Training — CUPs Zimmerman introduced the topic of CUPs and the fact that they govern uses that are permitted but may have unusual impacts and so conditions may be attached to the approval. Evaluation must be related to the impact of the use and if the applicant can show all of the criteria in the City Code have been met then the CUP must be approved. He gave some examples of both residential and commercial CUPs and then discussed the difference between quasi-judicial and legislative decisions by the City. Blum asked about the role of the Commission in making legislative decisions. Cisneros replied that the Commission can influence the decision but ultimately the City Council decides. Cisneros presented five rules for CUPs, including: the City's role is to evaluate the impact of the`use using the criteria set forth in the conditional use ordinance, conditions imposed on a conditional use permit must bear a substantial relationship to the criteria in the ordinance and the City may not impose impossible or unreasonable conditions, the City must consider mitigating conditions that may satisfy the standards of the ordinance, the factual record must be carefully documented and focused on how the facts relate to the criteria in the conditional use ordinance, and the City can enforce the terms and conditions of conditional use permits. The Commission discussed various legal cases related to CUPs and findings of fact. Minutes of the Golden Valley Planning Commission October 8, 2018 Page 11 • Council Liaison Report Council Member Schmidgall reported that the residential facility at 2429 Douglas Drive received approval from the City Council at the last meeting. He also updated the Commission on the progress with recodifying the City Code, the adoption of a new master fee schedule, a Council/Manager meeting discussion regarding architectural and material standards, and the presentation from the Urban Land Institute on Phase I of the Downtown Study. 6. Adjournment The meeting was adjourned at 9:50 pm. Ron Blum, Secretary Lisa Wittman, Administrative Assistant �� ' ��°�� f�`�"�� Ef � �, , „ � E�� j I�hy��i�ac�.1 ��l�pme��I��p��t�ne�t ��-��-�o�,s��-��-�� _ _ ____ _ Date: October 22, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Amend Conditional Use Permit (CU-119)Allowing for an Adult Day Care Center in a Light Industrial Zoning District—800 Boone Ave N Summary Following a revocation of an existing Conditional Use Permit (CUP)for a business located at 800 Boone Avenue North by the City Council on September 20, 2018,the applicant (David Olshansky on behalf of DRAM Properties) has requested a CUP Amendment in order to address concerns surrounding use of the property in the evenings and weekends. The property is zoned light Industrial and is designated for Industrial use in the Comprehensive Plan. Banquet halls, catering facilities, and public event spaces are not permitted uses in this zoning district. Background The CUP for an adult day care at this address was first approved in 2007 and allowed for up to 70 clients to be served on-site. At that time a condition was included in the permit which stated that "the hours of normal operations shall be from 7 am to 5:30 pm with the exception of occasional evening social functions." In Z009,the property owner approached the City Council to request a Zoning Code text amendment to allow banquet facilities/catering halls to be included as allowed uses in the Light Industrial Zoning District so that his property could be used in this fashion.The City Council declined to support this amendment. About the same time,the Minnesota Department of Human Services (DHS) determined that up to 175 clients could be served at the facility. In 2011, an amendment to the CUP was approved that increased the number of clients to 265 as the business expanded within the building and DHS adjusted the authorized number. During the public hearing,the Planning Commission questioned the property owner and City staff about the use of the facility as a banquet hall.The owner replied that banquets would serve only clients and 1 employees of the business and he did not anticipate having more than eight events per year. Staff made it clear that banquets that were open to the public were prohibited in the Light Industrial Zoning District. Earlier this summer,the Police Department reached out to Planning staff to ask about any restrictions on activities at the property.They reported receiving complaints from nearby properties about loud parties taking place in the evenings and into the early morning hours, and that officers had witnessed drinking and dealt with fights in the parking lot. Staff contacted the property owner and initiated a conversation about the evening use of the property and the conditions of the CUP. Based on information provided to staff about the frequency and nature of events being booked (see attachments for more details), staff proposed a set of mutual clarifications which would further define the conditions on the current CUP.The property owner declined to acknowledge the clarifications. Staff then brought the matter to the attention of the City Council and recommended revoking the CUP as outlined in Chapter 11.80, Subd. 2(0) of the City Code ("The Council shall have the right to revoke or suspend any conditional use permit whenever the terms or conditions of such permit have been violated or broken. All such action by the Council to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of Council Members."). On September 20, 2018,the Council voted (5-0)to revoke the CUP and then to stay the revocation until November 7 to allow time for the Planning Commission to review the matter and potentially propose amended conditions. The following evening, September 21, 2018,the police reported a large event with live music and kegs of beer was taking place in and around a large tent set up in the front yard of 800 Boone Avenue. A representative for the business/property told the police officer that the gathering was , an annual employee appreciation event. On October 8, 2018,the Planning Commission discussed the revocation and agreed to hold a public hearing on October 22, 2018 in order to consider amendments to the existing CUP. Discussions with Property Owner After the Planning Commission meeting on October 8, staff was contacted by the property owner to discuss possible amendments to the CUP. The property owner informed staff that all future events had been cancelled and provided letters sent to those parties as evidence of this action.The property owner also indicated he would be willing to forego any future evening events, but would be interested in retaining the ability to host evening informational meetings in order to market the adult day care use to potential customers. He also inquired if employee-only events would be allowed to be held in the future. Staff is inclined to support limited use of the property in the evening for marketing events associated with the adult day care use, but stresses that the use of the property for a banquet hall, catering facility, or public event space is not allowed and violations of the Zoning Code would be 2 dealt with through the City's Administrative Citation process. Business-sponsored employee-only events unrelated to the adult day care use are outside of the scope of the CUP. However, use of the adult dav care space within the buildin� may be limited by the City and staff recommends that no events be allowed to be conducted there unless specifically permitted by the CUP.1 Evaluation and Findings Staff agrees with the City Council that the adult day care services that are being provided by the property owner are a benefit to Golden Valley and to seniors throughout the west metro. Condition 4 of the revoked CUP allowed occasional evening events, stating that "the hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions." However,the "occasional evening social functions" proved to be troublesome and have resulted in numerous complaints from other nearby property owners. There may be a legitimate interest in allowing clients to use to space in the building for gatherings as an extension of the adult day care services being provided. However, enforcement will be a challenge. It is difficult, if not impossible,to determine if the property is being inappropriately used as a banquet/catering hall as it appears based on the property owner's records.Trusting the property owner to self-police and abide by this restriction has proven not to be successful in the past. Therefore,the simplest and most straightforward solution is to completely restrict evening social events at this location. Furthermore, City Code and state law prohibit the consumption and sale of alcoholic beverages at this location without the business first obtaining a liquor license or permit. A violation of this regulation could subject the property owner to criminal charges. If the property owner wishes to use any part of the facility as a banquet/catering hall,the necessary amendment to the Zoning Code must first be approved by the City Council. Any use of the property for this purpose absent that amendment would be a misdemeanor offense. The property owner has also violated Condition 12 of the revoked permit ("All other applicable local, state, and federal requirements shall be met at all times.") by violating other local ordinances and state law. Below are the findings made by the City Council on September 20 in support of revocation of the CUP and staff recommendations on how to address these issues as part of an amended CUP: 1. Staff finds that the number of social events being held at 800 Boone Ave N exceeds what would reasonably be considered "occasional," as the calendar provided by the property owner shows 29 events scheduled between June and December in 2018.This also far exceeds the estimate of approximately eight banquets per year that was referenced by the property owner in his testimony to the Planning Commission on June 13, 2011. 1 Note, however,that City Code§113-93 prohibits use of any part of the facility as a banquet/catering hall. 3 Limiting events to only informational/marketing activities held quarterly would satisfactorily address this issue. 2. As demonstrated in the 2018 summary police report, staff finds that the timing and length of the events exceed what would reasonably be considered to be "evening" hours, as police calis to the address in 2018 were being addressed well after midnight and in one case as late as five o'clock in the morning. Requiring all informational/marketing activities to conclude by 10 pm would satisfactorily address this issue. 3. Staff finds that the owner served or permitted alcohol on the property without a liquor license in violation of local ordinances and state law. Despite assurances from the property owner in a letter to the City dated March 9, 2009,that no liquor would be provided or brought into the facility without the proper liquor license and liability insurance being obtained, public posts on Facebook this summer advertised a party with live music and the Golden Valley Police confirm that alcohol was present during at least one of these events. Event organizers denied selling or providing alcohol, but allowing the consumption of alcohol on the property is a violation of Minnesota statute 340A.414 which states that "no business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages...without first having obtained a permit from the commissioner." Clearly prohibiting the sale or distribution of alcohol without a license or permit would address this issue. 4. Staff finds that the repeated use of the property for events such as conventions and other large-scale events (up to 250 people) appears to qualify the facility as a banquet/catering hall. A request to the City Council to allow this sort of use was made by the property owner at the April 14, 2009, Council/Manager meeting and was not supported.Therefore,this remains a prohibited use in the Light Industrial Zoning District and such activities are a violation of the Zoning Code. Prohibiting the use of the adult day care space within the building (which has the capacity to host large events) by entities other than the adult day care, employees of other businesses in the building, or the general public,would address this issue. In supporting the suggested changes to the CUP that would limit the hours of normal operation of the adult day care use to 7 am to 5:30 pm on weekdays, allow for limited informational/marketing events, and prohibit use of the adult day care space for events unrelated to the adult day care business, staff finds that the modifications to the existing CUP would satisfactorily address the concerns that have been raised and that the following findings supporting the amended CUP could be made: 4 1. Demonstrated Need for the Proposed Use: DRAM Properties has demonstrated that there is a need for adult day care by successfully operating two facilities in Golden Valley. 2. Consistency with the Comprehensive Plan:The Future Land Use Map guides the site for long- term light industrial use.Adult day care centers,through a conditional use permit, are compliant with that land use designation. 3. Effect on Property Values:The approval of the amended permit will not negatively impact property values in the area. 4. Effect on Traffic: Clients utilizing the daycare generally arrive via bus, reducing the number of individual trips made to and from the facility. 5. Effect of Increases in Population and Density:The use does not significantly increase the general population of the area,though as an adult day care use it does impact the daytime population. 6. Increase in Noise Levels: Minimum noise is generated by the busses transporting clients. Past complaints of noise generated by large events and evening and nighttime use of the property will be mitigated by the conditions of the amended permit. 7. Impact on Dust, Odor, or Vibration: No such problems are expected. 8. Impact of Pests:The nature of the facility does not contribute to the existence of pests. 9. Visual Impact:The exterior of the building will not be affected by the amended permit. 10. Other Impacts to the City and Residents: Impacts to the City and its residents, in the form of complaints and repeated police calls to the property, are anticipated to be reduced under the amended permit. Recommended Action Staff recommends approval of the amended Conditional Use Permit 119 allowing for an adult day care center at 800 Boone Avenue North. The approval is subject to the following conditions: 1. The adult day care shall be limited to the number of clients specified by the Minnesota Department of Human Services. 2. All necessary licenses obtained by the Minnesota Department of Human Services and the Minnesota Department of Health shall be kept current. 3. The hours of normal operation for the adult day care shall be from 7 am to 5:30 pm, Monday thru Friday. 4. The adult day care facilities may be used by the adult daycare for indoor informational/marketing events to promote the business up to four times per calendar year and not more than once per quarter. All such events must conclude by 10 pm. Such events must be hosted by the adult day care and may not be hosted or promoted by any individuals or entities other than the adult day care, including but not limited to employees of other businesses in the building and the general public. 5. Except as described in condition 4,the adult day care facilities shall not be used for any evening or weekend events. 6. No alcohol shall be served or distributed without first obtaining the proper license or permit. 7. All outdoor trash and recycling containers shall be screened in a manner acceptable to the Physical Development Department. 5 5. The appiicant shall provide an onsite bicycle rack allowing parking for a minimum of five bicycles. 6. The requirements found in the memo to Mark Grimes, Director of Planning and Zoning,from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011 shall become a part of these requirements. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Failure to comply with one or more of the above conditions shall be grounds for revocations of the CUP. Consistent with state statute, a certified copy of the CUP must be recorded with Hennepin County. Attachments Location Map (1 page) Conditional Use Permit 119 (1 page) Unapproved Planning Commission Minutes dated October 8, 2018 (8 pages) Police reports from April 7, May 5, May 12, May 28,June 3, and September 21 (22 pages) 6 '—' 9000 1000 �+� 1021 8J60 8900 915 � ,o«,Ave N Subject Property: 800 Boone Ave North 8,�5 925 935 830 8511 8165 z 820 82 5 su � Z750 ¢ - � ¢ � It00 _ 835 d » 750 � � 8350 8300 � 730 745 8400 8300 � $250 730 8401 8301 Bunr.f� 8501 701 �� O(+Er� Bidlding A 710 Pona S�ars: Building B 8800 820 8240 7U�Ave N 8525 88 45 8900 605 600 9050 9000 8815 8224 8 600 � � �' ,,.�;-, °� . ` e,,�� r; ��F. a + �s 10 8950 � .. i : ,, _ � ��--, 'e�.' � CITY OF GOLDEN VAL.LEY COND1TIt)[dAL USE PERMIT No. CU-919, Amendment#2 Date of�►pproval: �inal CUP - November 20, 2aQ7 by the Cii�r Council in accordance with Sec. 11.10. Subd. 2 and Section 19.30 of Ci#y Code. Amendment 2 Approva!—August 3, 2011 lssued To; Heartland Adu!# Daycare, a subsidiary of DRAM Properties, fnc. Approved �ocatBon: SOQ Boone Avenue North, Golden Valley, MN Approved Conditional Use: To allow for an adult day care center in fhe Liqht lndustriaf zoning district. Conditions of Approvat: 1. Afl signage shall meet the requirements af the City's Sign Code. The Golden Ballroom sign shail be removed immedia#ely. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day car� shall be limited #o the amount of clien#s specifed by the Minnesota Department of Human Services. 4. The hours of normal operation shall be from 7 am to 5:3Q pm with #he exception of accasional evening sacial functions. 5. AII improvemen#s to #he buifding shall meet the City's Building Code requirements. 6. All necessary licenses shall be obtained by the Minnesota Department of Human Services and the Minnesota Department af Health before adult daycare operations may commence. Proof of such licensing shall be presented to the Director of Planning and Deveiopment. 7. Ai1 outdoor trash and recycling containers shall be screened in a manner aceeptable to the lnspections Department. 8. The trailer used far storage and other temporary storage buildings shall be removed from the si#e immediateiy. 9. Inf[ow and Infi(tration rehabilitation campliance sha(f be completed within 90 days of the approval of the arnended CUP. If the wark is not completed by that time, the City has the right ta use the posted escrow to complete the work. 10. The applican#shall provide an onsite bicycle racic allowing parking #or a minimum of five bicycles. 11. The requ'rrements found in the memo to Mark Grimes, Director of Planning and Developmen#, from Ed Anderson, Deputy Fire Marshal, and dated May 97, 209'1 shall become a part of these requirements. 12. All other appiicable local, state and federal requirements shali be met at all times. 13. Failure to comply with one or more of the above condi#ions shall be grounds for revocation of the conditionai use permi#. Warning: This permit does not exempt you from al! other city code provisions, regulat`rons, and ordinances. i Issued by: Mark Grimes, Director of Planning and Development . Minutes of the Golden Valley Planning Commission October 8, 2018 Page 3 � made instead of just recommending tha eople obey the laws and rules. Zimmerman reed that the City encourages people follow the rules but that there are some issues t t might have a higher priority than ot rs. Johns referred to the City Engineer's�;, taff report where it states that the prg erty is not complian 'th the City's I/I ordinance a;;�d asked how the City knows the ; erty is not compliant if /I inspection hasn't yet curred and the results are p . ing review. Zimmerman exp 'ned that means that ere is no certificate of cor��ance on record and when the inspectio ' done and any r airs are made a certific�f�will be issued. � I �� Pockl asked why the Iot i ` eing split i �, o two thirds and q�third instead of in half. Zimmerman said it is his un ' standin that the propos��new praperty line is being drawn where the existing lawn area m ts th wooded are, �� Jack Benson, Applicant, stated that h� � eighb;; at 1717 Xences will be purchasing the proposed new west lot. He stated that �; s��'oposing the new lot line where he is because that is where the grass turns into wood�" ; ��said there isn't a month that goes by that he Y doesn't get an offer from someone to k� `'hi � ,ouse. He said h� thinks people are interested in flipping the property w�+`�' ould d to cutting down a very large oak tree that is basically in the middle of t�pro'��osed new�fi� t so he is interested in keeping the area as it currently is. ��` � /' k Baker opened the public h � ring. Seeu g and hearing no�or�,=, wishing to comment, Baker closed the public hearin � p ,'�� f ��A Baker said he think� is is a reasona e application. Segelbaum ag'h ed and said he doesn't see a bas' on which to deny# e proposal. Johnson agreed. �, ; ;, e MOVED by B okins, seconded by Po'r I and motion carried unanimously t` , pprove the proposed �or subdivision of 1711 X ,'� es Avenue North subject to the follo m` conditio , 1. T e City Attorney shall determine if�, title review is necessary prior to approval of the inal Plat. Z A park;dedication fee of$1,980 sha� be paid before release of the Final Plat. 3. Revocation Discussion — Conditional Use Permit— 800 Boone Avenue North — CU-119 Applicant: City of Golden Valley Address: 800 Boone Avenue North Purpose: To discuss the revocation of Conditional Use Permit#119 Minutes of the Golden Valley Planning Commission October 8, 2018 Page 4 Zimmerman stated that the City Council voted to revoke Conditional Use Permit#119 however they voted to stay the revocation and send it to the Planning Commission to explore finding a way to accommodate the principal use at that location. Zimmerman explained that this Conditional Use Permit (CUP) allows an Adult Day Care use at 800 Boone Avenue North. The CUP was approved is 2007 with a condition that allowed for"occasional evening social functions" to take place on the property. In 2009, the property owner asked the City Council to amend the Zoning Code to allow banquet/catering halls as a permitted use in the Light Industrial Zoning District. The City Council did-not support this proposed amendment. Zimmerman noted that in 2011 the CUP was amended to increase the number of clients served at the facility. Zimmerman stated that the Police Department alerted staff to complaints about activity occurring at the property including: Ioud parties taking place in the late night and early morning hours, activity and noise spilling out into the parking Iot, alcohol being consumed without a liquor license, and events open fo the general public being advertised on Facebook. Zimmerman stated that staff reached out to the property owner to understand the scope of the events that were taking place and the property owner provided a calendar to staff that showed 29 events scheduled between June and December of 2018. These activities included conventions and parties beyond the "cultural and 'sociaP' events for those in the adult day care program and had a large number of attendees. After reviewing the calendar, staff fees that the spirit of the original condition as well at other parts of the City Code were being violated. Zimmerman explained that staff proposed a set of mutual clarifying statements to the property owner regarding allowing occasional evening events and social functions because the original condition was not worded very carefully. However, the owner declined to agree to the proposed revised conditions so staff brought the issue to the City Council to explore revocation of the CUP. At the Council meeting a number of findings were determined including: the nurnber of social events exceeded what would reasonably be considered `bccasional;;" the timing and length of the events exceeded what would reasonably be considered to be "evening" hours; alcohol was being consumed without a liquor license or permit in violation of Minnesota statutes; and the use of the facility as a banqueticatering hall is in violation of the City's Zoning Code for the Light Industrial Zoning District. Zimmerman stated that the Council took two actions. They revoked the CUP which included all of the adult day care operations, but they stayed the revocation until November 7, 2018, because they think the adult day care is worthy use. They also decided to refer the matter to the Planning Commission to review and advise them prior to that date. Zimmerman noted that the Planning Commission's charge is to review the history of the CUP and the recent issues leading to the revocation, review the findings made by the Council to support the revocation, and to discuss if amending the current CUP conditions might offer a solution to the problem short of revocation. He explained that there are three possible actions the Planning Commission could take. The first action would be to support Minutes of the Golden Valley Planning Commission October 8, 2018 Page 5 the revocation and send a recommendation back to the City Council with findings. The second action would be to explore amendments to the current CUP conditions and call for a public hearing on October 22 to gather public input and debate potential language changes. The third action would be to recommend no change to the CUP and allow the activity to continue as is. Segelbaum noted that the CUP was issued to Heartland Adult Day Care, a subsidiary of DRAM Properties, Inc and asked if they should be considered as one entity. Zimmerman said his understanding is there are two businesses operating at this location. One is a home healthcare business and the other is the adult care use. He clarified that they are linked but the CUP is specific to the adult day care use. Segelbaum asked if a CUP applies to the owner or the property, or if it applies to the space or to a tenant. Zimmerman stated that a CUP goes with the land and would stay in place if the property;is sold or transferred. Segelbaum asked if a different portion of the space is hosting these events, or if the adult day care space is. Zimmerman said it is all the same space. Baker referred to the July 12 letter from DRAM Properties where it states that the property has been used since 2001 as operational headquarters for several organizations. He asked if the City specifies in the CUP all of the functions occurring in the space. Zimmerman stated that only the adult day care use requires a CUP. All of the other uses occurring are permitted uses in the Light Industrial Zoning District. Johnson said he noticed in the agenda materials that it states that events could only be organized on behalf of the employees or clients, but he does not see that in the CUP. Zimmerman agreed that is what is causing some of the confusion because that was discussed at the Planning Cornmission meetings, but the permit isn't as clear. Baker agreed and reiterated that condition four in the CUP lists the hours of operation and states that there is an exception for `bccasional evening social functions." Brookins asked about the uses at the rear of the building, adjacent to the creek and if there are any concerns. Zimmerman said that the applicant has stated that there is a community garden in that area but that he would have to talk to the Engineering staff about if it was done according to all of the regulations and rules. Blum asked if informatinn about the police calls for service has been made part of the public process. Zimmerman referred to the police summary report in the agenda packet which highlights calls made between January and August. He said he could get some more detailed information for the Planning Commission to review. Baker asked if the citations issued were issued to the applicant or to attendees at the parties. Zimmerman said he believes the citations were issued to the attendees. Baker asked why there has been no enforcement related to the use of alcohol without a permit and the disturbance issues. Zimmerman stated that part of what brought these issues forward was that the applicant was told they could have evening events so the police weren't sure what the applicant was really allowed to do or not, and what the CUP's limits are, so they brought it to Planning's attention to get some clarification. Minutes of the Golden Valley Planning Commission October 8, 2018 Page 6 Segelbaum referred to the possible actions discussed earlier and asked if the second option regarding exploring amendments to the current CUP would allow the Planning Commission to come up with amendments, or to recommend that the Planning Commission has a public hearing to come up with potential amendments at that time. Zimmerman explained that the City Council's request to the Planning Commission is to explore if there is a way to solve these issues short of revocation. He said the only way to modify the existing CUP conditions is to do a formal CUP amendment process which includes a public hearing. He clarified that staff is looking for feedback from the Planning Commission on what route they want to take and then go forward from there. Segelbaum asked if it would help if the Planning Commission offered amendment language or input now in order to avaid revocation. Baker noted that the applicant was offered amendments/clarifications from staff and he turned them down. Zimmerman said staff would welcome Planning Commission and public input. Pockl asked Zimmerman if he knows of any complaints that have corne forward during normal hours of operation when it is being operated as an adult day care. Zimmerman said he hasn't heard complaints about the adult day care but he has heard concerns about the number of buses parking on the street and accessing the site. Baker noted that this is not a residential neighborhood and asked who has issued complaints and what the nature of the complaints has been. Zimmerman said there are some res:idential properties to the east and to north and that most of the complaints have been about noise, loud music, and activity in the parking lot. Blum asked approximately how far away the residential areas are located. Zimmerman said the ones to the east are approximately 100 feet away and the ones to north are much further away than that. Baker asked if there was any mention by the applicant of the party that was to occur the night after the City Council meeting regarding revocation. Zimmerman said no, the applicant did not mention the event that was to occur the next night. Baker asked for clarification about the juxtaposition between the revocation and the stay and how that transpired. Zimmerman stated there is language in the City Code regarding revoking CUPs. He said there is no way for the City to unilaterally change the conditions in a CUP so taking the step of revocation and then sending it back to the Planning Commission for the CUP amendment process is a way to allow the ad`ult day care use to continue while addressing the other issues. Baker referred to the staff report where it states that the simplest and most straighiforward solution would be to completely restrict evening social events at this location. He asked Zimmerman to discuss the pros and cons of that approach. Zimmerman reiterated that the CUP really needs to focus on the adult day care use. He stated that any business is allowed to have employee events and other activities take place after hours and if there were problems the police would deal with them on a complaint basis. In this situation because the evening events are lumped in with the adult day care use there is some hesitation to get too involved until the CUP issues are straightened out. He stated that a lot of the events seem to be banquet hall types of events which are not allowed so if it is made clear that only the adult day care use is allowed and that no banquet hall types of events are allowed it would be easier to enforce. Minutes of the Golden Valley Planning Commission October 8, 2018 Page 7 David Olshansky, Owner of DRAM Properties, gave some history of the businesses at this site. He stated that the home health care business just uses the office space and is not part of the adult day care business. He stated that the adult day care services started in 2003 and that they currently serve approximately 200 clients daily. He said they provide food, snacks, transportation and medical services to their clients. He said they also meet the cultural needs of their clients which would be very difficult to find elsewhere. He said he probably extended too much by allowing the employees of Home Health Care to use the space because he is trying to accommodate every need that people have including social events. He said they don't provide food or liquor at these events, they just provide the space. He stated that the facility has probably been misused and that it doesn't compliment their services and good reputation. He said he is willing to work with the City to find a solution to how they can operate and provide services at this location. Segelbaum referred to the event space rental agreements in the agenda packet and asked Mr. Olshansky if he charges people for the use of the space. Olshansky said yes, they charge a minimal fee of between $700 and $1,200 to cover their costs and that some people were not charged at all depending on the event. Baker asked Mr. Olshanky about the other businesses he operates. Olshansky said they operate Physical Therapy of Golden Valley which does physical therapy, occupational speech therapy, and other services. He said they also operate Talent Solutions which is an employment agency for Home Health Care. He said they don't do catering services or sell food. Johnson asked Mr. Olshansky how he would interpret the condition in the Conditional Use Permit that states the hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening sociaFfunctions. Olshanky said the adult day care services hours are 7 am to 5:30 prn and occupies approximately 15,000 square feet, but they have other businesses as well occupying the rest of the space so he thought the Conditional Use Permit only applied to the adult day care business not to the other businesses. He stated that "occasional" to him means not every day. He said the events are for their participants for example concerts and expositions which he thinks is a good use for people. He said there are not events every day or every weekend and that he agrees the events should be regulated and have probabiy been excessive. He clarified that the event held the day after the City Council meeting was an employee appreciation event and he had a food truck permit issued from the City for the event. Baker referred to the letter from staff dated July 30, 2018, which offered four clarifications to the existing CUP and asked Mr. Olshansky why he chose not to sign that letter or accept the clarifications offered. Olshansky said it was a mistake and he probably didn't understand the letter correctly. Baker asked Mr. Olshansky if he would now find the clarifications in the letter acceptable. Olshansky said he would now sign the letter. He reiterated that he would like to work with City and get clarification on the things he is allowed to do. Baker stated that clearly Mr. Olshansky provides a service and he is reluctant to see this service go away. He asked Mr. Olshansky if it would be acceptable to him if the City Council Minutes of the Golden Valley Planning Commission October 8, 2018 Page 8 says there can be no after-hours events at all. Olshansky questioned if that would apply to the adult day care business or to all of the businesses because that is his confusion. Baker stated that staff felt confident in the clarifications written in the July 30 letter to Mr. Olshansky and that Mr. Olshansky has made some mistakes that he has owned up to so he doesn't see any obvious reasons not to offer the same clarifications if there is an opportunity to do so. Johnson said he didn't get a clear answer from Mr. Olshansky regarding;his interpretation of "occasional evening social functions." He said he doesn't think it is the Planning Commission's role to be negotiating something that is really a question of how the City should interpret those words. He said he is not sure why this issue has to'`be solved so quickly and he's concerned about it exposing the City to more risk. He said he supports the revocation of the CUP. Baker stated that the Planning Comrnission is being asked to consider the three actions Zimmerman discussed earlier. Johnson said he doesn't agree that they should be negotiating or trying to discuss what an amendment should be when there are other mechanisms in the City including Codes, attorneys, etc.`that can interpret what `bccasional evening social functions" means. He reiterated that he supports the revocation because occasional evening social functions dor�'t extend until three in the morning. Cisneros clarified that the City Council and herself as City Attorney have interpreted that condition and agree with Johnson that what was happening at the property was in violation of the CUP so it was revoked. If the Planning Commission and the City Council take no further action the CUP wili be revoked and the adult day care will have to close on November 7, so that is why there has been some urgency. Blum said part of what the Planning Commission has been asked to do is discuss the City Council findings. He highlighted some of the things that stood out to him including the fact that there has been clear violation of City ordinances and CUP conditions, there have been noise complaints from hundreds of feet away, there have been parties that were potentially hosted by employees and profit being garnered by the property owner, and there were several admissions by Mr. Olshansky of misuse of the property which is both positive and negative. He suggested getting more details regarding the police reports to help with the revocation discussion_ He added that there are enforcement options in this case as well and that citations could still occur. He stated that what they want isn't necessarily punishment, but compliance so he supports the finding and conclusion of the revocation but they could consider staying the revocation further to try to come to an agreement with the property owner. Zimmerman stated that this doesn't have to be a negotiation, as a body the Planning Commission is asked to come up with conditions that are relevant for containing any impacts of the use and to protect surrounding properties from negative impacts. Pockl asked if option two is picked by the Planning Commission which would be to explore amendments to the current CUP conditions if they could ultimately recommend revocation of the CUP. Zimmerman said yes, the Planning Commission could ultimately recommend revocation. Segelbaum said he feels that the Planning Commission has been charged with the task of trying to figure out what is appropriate in this case. He said there isn't much room for Minutes of the Golden Valley Planning Commission October 8, 2018 Page 9 misunderstanding. In 2009 Mr. Olshansky specifically asked to have a banquet business and was denied. He was allowed to have occasional evening functions, and now those activities have been going on until late in the evening. He said his sense is that if the City Council is asking the Planning Commission what is appropriate, he feels the adult day care use is an asset to the City. He said he doesn't understand how they are going come up with language that permits certain types of parties and not others, or parties at certain times of the day and not others so he would feel most comfortable not allowing any evening events at all. Johnson questioned if the Planning Commission were to proceed with the second option of exploring amendments to the current CUP conditions how different they would be>from the options given to the property owner in Zimmerman's letter dated July 30. He asked why the City couldn't just send the property owner another letter since he has indicated that he would now sign it. Cisneros explained that the City Council has now revoked the CUP and so the only way for the CUP to continue is for the Planning Commission to make a recommendation to the City Council and to follow the CUP ordinance. Baker said he is inclined to go with the second options because if still allows for revocation if needed. Pockl agreed and said she thinks an adult care is a beneficial service in Golden Valley. Blum asked Cisneros if the Planning Commission can extend the revocation period in order to monitor if the property owner is complying with City ordinances and the CUP conditions. Cisneros said the City Council does have the:authority to extend the stay but she didn't know about placing a probationary period on the CUP itself without doing further research. Brookins said he would be in support of the second option and possibly adding further for restrictive conditions as needed to provide clarification. Blum said he supports revocation of the CUP. He said the findings and actions were appropriate. He said he also thinks option two would be reasonable as well if only to preserve the adult day care use which is a positive service for the community. Johnson asked what happens if the CUP is revoked on November 7. Zimmerman stated that the adult day care would have to cease operations and re-apply for a new CUP. Blum asked if there is a period of time that the property owner has to wait to reapply for a CUP or if there is a penalty to reapply. Cisneros said people are prevented from reapplying when an application is d'enied, but not revoked so the applicant could reapply right away. Johnson stated that the City Council deals with these kinds of issues day in and day out and are much closer with the business community than the Planning Commission. He said the Planning Commission is being asked to revisit a rule that wasn't followed. The property owner was sent a letter telling him to stop having events and he didn't stop and now they are considering spending time rewriting the language to what end so he supports the first action which is revoking the CUP. Segelbaum agreed, but doesn't want to discontinue the day care service for 200 people in the community. Baker agreed. Johnson said the City shouldn't be held hostage to that and that this issue is out of the scope of the Planning Minutes of the Golden Valley Planning Commission October 8, 2018 Page 10 Commission. Brookins said he is in support of the second option to explore amendments because they will have to opportunity to add conditions to the CUP. MOVED by Segelbaum, seconded by Brookins and motion carried 5 to 1 that the Planning Commission review at its October 22 meeting an amendment to the current CUP conditions for CU-116 at 800 Boone Avenue North. Commissioner Johnson voted no. Blum asked if at the October 22 meeting the revocation could be finalized. Cisneros stated that nothing further is needed to finalize the revocation, it is already final. - Johnson stated that this business incurred this revocation so maybe the business owner and not the City could do something to take care of his 200 clients in the interim. --S rt Recess-- Reports on Meetings of the Hou �, g and Redevelopm�:nt Authority, City Council, Board of Zoning Appeal' and other Meetings �� o-� Johnso oted that he attended a portionb�of the recent APA MN Planning Conference and specifical earned a lot at a session on �' blic art. `-�� 5. Other Bu ' ess ,;� , • Planning Co " , issioner Training CUPs �-- �� Zimmerman introduced topic of CUPs��and the fact t , -they govern uses that are permitted but may have un� al impacts u;;nd so co ,, �ons may be attached to the approval. Evaluation must be�ted to th.` imp.�of the use and if the applicant can show all of the criteria in the City��de ha ;e�,�en met then the CUP must be approved. � He gave some examples of both resi��.��; and commercial CUPs and then discussed ��., �;.,t the difference between quasi judic#�f and I� ,�slative decisions by the City. Blum asked about the role of the Commiss��'in makin f I��lative decisions. Cisneros replied that the � Commission can influence #��"decision bugY�ltim�ly the City Council decides. �; �� ' t�. Cisneros presented fi�u�rules for CUPs, incl�ding: th ity's role is to evaluate the impact of the use using th��"�riteria set forth in the c�nditional us ordinance, conditions imposed on a conditional�,�se permit must bear a sub�tantial relatio`' hip to the criteria in the ordinance a ,��1ie City may not impose impc��sible or unrea� able conditions, the City must cons'>er mitigating conditions that may�„satisfy the stand ', s of the ordinance, the factual r. ord must be carefully documentec�;and focused on ho �,he facts relate to the criteri n the conditional use ordinance, and�' he City can enforce fhe terms and con ions of conditional use permits. � e Commission discussed various legal cases related to CUPs and findings of fact. Cvlder� Valley Po[�ee [3epartment � �£°x�F�. ?80Q Golden Valley Rd�olden VaEley,NiN 55427 °Y �:�:� s� (763}593-$079 �°<b�,,,,at4ti``'� ±!aiicE. ; ,;.�. Case#:GV1�000737 Incident#: GV380a0737 Event 800 BQt)NE AVE N GQ!LbEM 1lALEEY, PVIINNESCYTA 55427 GV Dictstion(YfN}: !V b�scripiian oi Incident: PARKItdG COIVIPLAINT R�ported Date: 04107/2018 21:51:16 incident Start Ratet7lme: 04107t2018 21:51:18 inCiden#End I?atFttTime: p#/{1712p18 22:f17:OQ Agency Cltsposition: CiTA�'tON 1SSUED Stace t2epartin�Case 8tatus: ARREBT OF ADUL7(ADULT ANp JUVENiIE Case 3ynops3s: Area che�k af a parking lot at a cammercial business faund a vehicle parked in a designated handicap parking spot.Vehicle had no required permit or ficense plates displaygd,5everai phatos taken,as well as squad dash cam and bc�dy-wom c;amara tootags.Citafion left at the scene. GY Squad Videa{Y!N): Y GV Bady Cam Vtdeo(Y!N}: Y l3se af Farce YJN: PI GV Crfine Lab(Y/N): N GV ALPt2{Y/N}: (,} 5U5 8Ct5 1� SHEKFEH,CARLOR Related Ofifierises: 169.346.1(9)TRAF-FARK 1N dR OBSTRUCT ACCESS TC7 H,�NDtCAP PARKING STALL 9�00 MISC CODE 9999 Suspeet Arrested{Y!N}; NO Juvenite{YIN): No DOB: p8128l1963 Aye: �q Sex: FEMAIE Race: BLACK p62 RFRICAN AMERICRN HeQght: 5E33 w�f�at: ��s Eys Cotor: $rowr� !?river's L➢censallD Number: Driver's LicenseRD Statg: MINNES�7A Address: 8843 877H LN N ��tY; BR44KLYN PARK 8tate: MtNNESOTA Zip Cade: 55445 Printed On04t1Ut2£i18 . Fage 1 of 3 F'rinted Sy UNDERSAN�ER,KAi7LIN �ofd�n Va1ley Police Deparfim�nt �E°`�,r:;, O • -"..P�.. 78C30 Ciolden Va11ey Ru'Golden Vafley.MN 55427 a �,�: "• ' {763)593-8079 �ptnx:vYA.�`'�`:' po�ac¢ ., °��;:...dao> Case#:GV184{�t1737 lncident#: GV18iJ00737 ___ Offenses 1 189.346.1{1}TRAF-P'ARK IN C1R OBSTRUCT ACCE5S T{)FtANt�iCAP PARKtNC�STALi.90QA M1SC CE3D�9999 Severity: MIS�EMEAM1IQR Offense Status� ARREST OF ADUL7JADULT ANQ JUVENILE UCR H3erarchy: 91580 Repartabie: No Occupied: No baytim�(070U-190�}: No �/B�ilE�t'�1} 2006 Ford Freestyle Related Offense: 169.3dB.1(1}TE2A�•PARK tN flR OBSTRUCT ACCESS TO NANDICAP PARKIPIG STAt,�9{300 MISC COnE�J999 invo3vsmen#Typ�. USED IN CR{ME license Plate Number. 873NEP llcense Plate State: IvkiNI�ESOTA VIN: i�MZK0119GCiA44549 Vehiele Type: PASSEfVGER CAR Narrativ� 1 MAllti REPf?RT•534 aA&IMER1,awaN s584 �4f0712018 On Saturday, 04/�7j201$ at 215�.hrs, I was conducting an area check at 8Dt�Boone Ave N.One af the businesses at that location houses a banquet facility.On weekend nights,the parking tot surrounding the building, as well as Boc�ne Ave N,are congested with vehicle traffic and pedestrian traff�c making their way through the parked vehicles.Such was the case an this particular evenin�. Driving through the parking lat in marked squad#838, I naticed a si(ver-colared Fard Freesty(e parked in a designated handicap parlcing spot.7hough this particuEar parkin�;spot was clearly marked and pasted with a sign requiring the necessary parking permit, nv permit+:vas displayed in or an this Ford Frees#yle. The Freestyle was unoccupied. 1 parked my squad nexC tv the Freestyle and activated my squad's dash camera system.This also activated my body-worn camera. 1 walked around the Freestyfe and noted itwas displaying MN license plate 873NEP.These regular-issue plates do not,by themselves,al(ow the vehicle to be parked in a designated �andicap parking space. Wa{king around the Freestyle, l lac�ked into the vehicle's interior.There was na handicap parking permit hanging frorn the rearview mirror, nor was there any such permit resting an the dashboard,seats, f�oorbaard,or any part af the vehicle that was visible from the outside.There were several prescriptic�ns for med'scations resting on the front passenger seat. Each caf the prescriptions!could visibly see were issued to a person nan�ed Carlar Shekpeh. Runrrin� MN license plate 873NEP from my squad computer, I saw that it liste�f to a 2Q06 �ord Freestyle, , , Printed OnU4/�!0/2018 Page 2 of 3 Printed By UNDERSAN�ER, KAITLIN Galden �'alle� Police Departmen� ��f�,� �. 0 �;�:.�;y. 780t3 Gqlden Valfey Rd Galden Vatiey,MN 55427 � � (763}593-8079 'F°{�+eava«*$"'j ..�AOLICE...,•' .��..�l.sd0l.. ,.: Case#:GV98004737 Incident#: GV1800U737 which appearet�tc� match the vehicle it was displayed or�.7he registered ovsrner af the�reestyl+��tvas Carfor Shekpeh, D�B:08/26/1�63, Looking at the driver's license infarmation listed fior Shekpeh, !saw that no disabi(ity certificates had been issued to her. I tonk severa(phatographs t�f the Freestyle�s 6'd found it parked.Thase phfltc�s are in�luded with this case file.l issued Henr�epin County citation#2708182(3103.�to Shekpeh for obstructing a handicap parking space.The citation was feft on the Freestyfe under the passenger side wiper b[ade. End of report. Officer Mame; Bammart OffICIC 1 Reporting OiPicer, BAMMERT,BRIAN (3534j aa1a�/Zoss zZ:ia:oo _ _ _ Printed On04P10/2Q18 Page 3 of 3 Frinte�By�lNDERSA{�DEtR,KAlT�.IN �olden Valley Police Departmen# t�°Ff.�:. ay '.: �p.��.. 78C1a Galden Valiey Rd Gnlden ValleY,MN 55427 . �,� ,, (763)593-8079 °'<A�H'var.s�y`� ,»a�tte�.<: <��'��::soo:.:';� Case#:GV 18000933 lncident#: GV1$Q00933 Event . $DU BQONE AVE N GaLDEN VALLEY,MINNESC�TA GV DictgElon(Y!N}: Y t�escription oflncldent: ASSAULT Reportsd Date: 05105/2018 Q2:35:t30 Incidant StarC Uatei'Time: 45105/2018 02:35:00 tncidsr�t�nd Dafe/Tfine: 05f0512(!t8 02:35:00 Agency DisposEtian: INAC7CVE State Reparting Case Stafus: PENQtNG Case Synopsls: tlictim was strtsck in the head multiple times wifh a glass botBa 4y the suspec#for unknown reasons. GV 5quad Video{YMj: Y GV 8ady Cam Viden(Y/N): Y Use ot Force Y/N: N GV CHme Lab{Y/Nj: N GV AI.PR{Y1N): N Victim 1 Enyi,5amuel trem Reiated Offenses; 649.222.3 ABSAULT-AGGR-2ND DEG-FAMfLY-OTH WEAPON 04 AGG ASSAULT 13028 D��: 0910it1987 A9g� 30 Sex: MALE Race: BLACK OR AFRIGAIV AMERICAN OF HISPANIG OR LA77N0 t}RIG1N Address; 6314 84TH G7 N ��tY� 8f2pOtCLY�!PARK State: MtNNESOTA Zip Cade: 55445 Ceti Phone: C}rugiA[eohot Use: Np C}ffenses 1 6i}9.222.1 ASSAULT-AGGR-ZND DEG-FAM{E.Y-�TH W�APUN Q4 AGG.ASSAULT 13028 Severfty: FEI.�NY Offe�se 5tatust PENDtNG Reportabte: Yes Occupied: No Daytime(0700•19UOj: No Narrative 4 SUPPlEMENTA!REPt�RT PER5QNS,MARK 3506 OS/Q7J2fl18 ��,: �, ��s , �:.,,, � : , „ Printed On06/1212R18 Fage 1: of 4 Pr3nterl By UNDERSANDER,KAITLIN �o6de� '�alley P�I�ce t�epar�me�t `ka``,� 9.. 780t}GoEden Valley R�Golden Valiey,MN 55427 � �.�: _�,, t��}s��-sa�� c�<a��Ny�4t�`{'�. ,,, �'OIiGE..<,.�.. ,.;`.Spp.:,.. Case#:GV18Qt}a933 Incident#: GV18fl00333 _ _ _ __ 4n 05l05118 I returned a phnne call to �r�o�lyn Park Of�icer Chad Miller, who informe�i me that our victim from tl�is case had coniacted them and pointed au#the suspect in the assauit from last night at a barber shop in their city. I revievved the ease and contacted Qet�ctive Sergeartt J. Johnson, whfl requested that I have Brooklyn Park Police pasitively identify the pariy, but no� _ arr�;st him at this tirne. I adviseci C?ffic�r Mil[er of this. A shc�ri time later, I received 6nformation from him �ositively identifying the suspect in this case as Emrr�ersnn Arkue, GOB 12t01192. Arkue owns the barber shop at 7654 Bronklyn Bouievard in Brooklyn Park. 1 had tF�e desk CSC3 run Ari<ue, which �hows the same atidrsss of 7654 Brookiyn 6oulevard. I requ�sfied home address and phone information�fram Officer Miller and as of the writing of this reptart, I have not received tha�. Na further information at this�ime. Enrf of r�port, Officer Name: PERSQNS MAII� REPO�tT-5t?9 su��i��1"OE�9 3309 U5/�5/2�18 C}n D5105/18 at approximately 0235 hours afficers were dispatchec�ta 8�10 Bc�ane Avet�ue North for an assauit in progress. I was currently crn a separate domestic that i cleared tr� respond and requested Plymouth's assistance, i�pan arriva! Plyrnauth squads had �Iready arrived an scene artd aired the suspects fled on foot eastbour�d.As they were attempting ta iocate the suspect, I made conta�t�nrith the victim, vvho identified himself verbally as Samuel lrem �nyi, D+�B 09101187. Enyi said he was a#800 Baane Avenue for a concert and a performer was in from Africa as a specf�l event. While Y�e was in a separate roorn with the artist, a male by the�rst name r�f Emerson had approached t�im with a glass battie in his right hand while he was sitting down. Enyi recc�gnized Ernerson as a barber that he frequently used in the �asE, but did not anymore. He said �merson approached him with the glass botile and s�ruck him in the forehead. When Enyi as{ced hirr►why he did that, Emerson continued striking him in the head with the glass bottie. He sai�i �he battie never broke and he put up his hands in an attempt to deflect the strikes artd got struck in th� arm. Ne was able to grab ahald af�merson in an atternpt to restrain him and then eventually separated. He s�id Emerson had gr�bbed a second botile and attempted to rush him a sec�nd time when mu�tipie friends jumped in and saparated#!�e two. He said short�y after, fihey could hear po�ice siren�a�proaching and Emerson fi(�d can fovt. He described Emersfln as a bisck rnale, approximately 5'0°', with an athie�ic build, wearing a gray shirt and btue jeans. He said he works at the barber shop in a strip malf at the intersection of Braoklyn 8ou(evard and Zane Avenue. He was able Co puli up pho#o� on Insiagr�m on his phane, which I was able to take photos of and included ihem in th� case flle. Enyi had red marks�nd a lump protruding from his forei�ead that [ taak photas af and th�y wifl : also be includ�d in the case fi(e. Printed Qnt16/1212418 Pag�Z of 4 " Pringed By�JNRERSANE?ER,KAtTi.[N Golden Va11ey Police Department ,��°=R�r>� 7800 Galden Valfey R�GoEden Va[ley.MN 55427 ` �,. �:� ?. (�63)593-�0T9 °�o�i�wa*��:� <pu�.iee . ,sa,, , ,:,� : Case#:GV�840{�933 [noident#: GV18QQt}933 Enyi was not certain wF�y he was�ssault�d, but thought it rrray h�ve been samething to dc�with how successful he had becarr►e. �merson did not verbalize why h�was assaulting Enyf, but was repeatedly#hrowing up gang signs and verbalizing that he was from Philadelph�a, wha would have sorrte gang member friends take care af him. Enyi repeatedly verbalized he was afraid for his safety and wanted Emerson arrested. He say he could take c�fficers to his place ofi business to point it out. Ne a6sn indicated he was going to get a restraining arcler as he was afraid for furth�r esc�l�tiori frorn tonight. 1 took a taped victim sta#�mer�t firom Er�yi. This can be fvrwarded �c�dete�tiv�s for any further follow up. Nothing further. End of report. Officer Name: BU�FIE SUPPE.EMEN7`A!REPORT cau�.g,�.auRa asz2 Q512112018 cASE s-r�Tus: �eT�v� 1 was assigned this case on 05l4711$. Qn 05/10118 Detective Zarrei�and ! w�nt tQ speak to the persc�n idenfifisd as the suspect Fn the fa[iow up repor�, Emerson Arkue, D{?B 0210�/92. We went to che barber shop ioca#ed at 7654 Brook[yn Boul�vard in Brooklyn Park and spoke with him. firku� denied any physical cantact with the veciim in this case and stated it was verbal anly. Arkue c�aimed the victim was the sggressive party by r�ising his vooce and eausing a scene. Ne denied fleeing p�it�r to the afficers°�rriva! �nd s#ated he merely left after he got picked u�. H� c[airnetf this afl took place in the front ruom and there was a witness to the fact that he did not physicaily assault the victim. He said the witness was known by#he nickname of Rasheed with � phone number of On the same day, I called and spoke with the victim in this case, who a�so indicated Rasheed, identified wi�h a legal narne of James Aboge and sarns phone number, could cQnfirrn the faet that he was physica((y assaulted by Arkue. My investi�ation will continue onee I make contact with Ras�reed. Nothing further�t this time. End of report. Officer Name. G(7U�0 SUPPLEMERITAL REPi3RT cc�uir�,IAURA 3522 06/12/2018 CASE STATUS: SNACTIVE Prtnted Or�06/1212018 _ , Page 3 of 4 Print�d By UNCIERSA�ID��t,ifAITL�N older� Val9�y ali�e epartmen� s�°k�,�.. � �: �aQo�o��en vaaiey Rd�o�de�vaiaey,nn��s4�7 ' � � �F: (763}593-$079 q�<aegYAik�'�" ;..�OLIGf ;,: ',,',yob;: �� Case#:GV1804Q933 Incident�#: GV1800Q933 , On OSt29118 1 �ttempted to contact Rasheed at the phone number given; however, it was disconnected. (th�n cailed and spoke with#he victim and infc�rrned him Rasheed's phone numb�:r was no longer in service and h�d been disconne�ted. The victim seemed confused �vhy Rasheed's phane r�umber was na longer in servic�ar�d said he was give him a call himself. I tr�id the victim it appeared to rne that Rasheed no Ionger wanted to be tnvalved in this case and was noi gr�ing to be a witr�ess for either he ar the alleged suspect in this cas�. ! told the victim if he v�as able to gei ahold c�f Rasheed, ta have him cal! me andJor give me the current phone number for him, I ir�formed the victirt� if{ did not hear back from him, I would have to be inactivatir�g the case because the stories of bath the alleged suspect and vietim are opposites and#here are na witnesses at this point to their facts of what took place. The d�te is 06111i18 and ! ha�oe never received a calf back from the ea�itness andlor the victim in this case. Therefore, b�sed on the laek t�f evidence, this case will be inactivated. Nothing further. 04#icsr Name: Gould Off6Cer{3 SupplementingONiter: PERSOtvS,MARK (3506) D5JiI71201807:54:00 iteporting tNficer. 8U�F3E,70M (3509} OSJOSJ2018 OS:S8:00 Supplementiog OffPcer: GOULE3,lAl1RA (3522} 06/12120223 10:31:OD _ _ Print�d On06t12/2018 _ °'Page 4 of A Printed�y Ui�D�RSANt7ER, KAITUN Golden �alley Palice C�epartm�rtt �,t�°°°,� �, Q h" p 7800 Cioiden Valiey Rd Goiden Valley,M�V SSa27 �;� ::<<:• (763)593-$079 '°4tae.'vvni`�i`'. POlIG4 . ,..,;:�.'..' Case#:GV 1&0{3(3986 Incident#: GV18fl40985 Event 8�0 BOONE AVE N GC3L��N VAti.El', MINNESOTA 55427 GV Oictation(Y!N): y Dsscript➢o»c#Incident; RARKING COMPLRtNT Reported pat�: 05112�2078 23:35:38 �ncident 5tart natetTime: 0591212018 23:35;38 Incident End Dateliime: 05/12C2018 23:46:40 Agency Olspo&i43crn� C1TI�TEC7N ISSUEU State Reporfing Case Status: ARREST QF ADULTlAf�UL7 AND Jl1VENtGE Case 5ynopsis: Vehicle observed parked in handica�parking space.The vehic�e was not displaying the requlred pertnit or Jicanse plates,nor was any such permit visible anywhere inside the vehide.Photngraphs taken of tha vehiGe as it was found.Gitatlon was leff ot�the windahieid. GV Squad Vfdeo{YIN}; Y , GV Bpdy Cam VFdeo{Y1N): Y Uss of Force YtN: N GY Crtme lab(YJN): M1I GV ALPR(YiN}: N Stl5 @Ct5 Z� T�t0�1PS(3N, Mi�HELLE ANT[ONETT Related OfEenses: 169.346.1{1)TRAF-PARK IN QR�BSTRUCT ACCESS 70 NANpiCAP PAl2KING S7ALL 90t10 MESC GObE 9999 Suapeat Arrested{YIN}: Nq Jtrvenite{YJAt): No DOB: 10d1 Q11969 Age: A$ Sex: FEMA�E Race: BLACK C3R AFRtCAN AMEWCAN Height: 601 Wefght: 192 Eye CaFar. 6sown Driver"s ticensellD Number: [7rivefs Licen&efiR Siate: M1IINNESO7R Address: 78U8 BEARG�AVE N Gity� BRC30KLYN PARK Stafe: MtNNESOTA Zip Code: 55443 , Printed On05/�[4/2018 Page 1 nf 3 P°r�nted By C1ND�R8ANi7ER,KAI7LIIV Gold�n �alle�y F�alice �3ep�rtment � `��°`�<<. a � a �� P. 78D0 Golden VaileY Rd Golden ValCey,�itN 55427 �':� .-` ��63}593'�d�9 ��g;pfNVA4ti��`. oaic�.- .,�'..sae�. i Case#.GV1$O(}C39$5 �nciden#,#: GV18000985 Offenses{1) Z69.346.1{1j TRAF-PA�tK IN OR QBSTRUCT ACCESS TC?HANC}ICAP PARKING STALC.90Q0 NtISC COOE 9999 Sevarity: M35DEMEANQR Offenss Staftss� ARRE5T O�ADUL71ADUlT ANQ JllVEiV1LE UCR Hiararchy: 3i58t3 Repor4able: No t?ccupied: No Oaytime iU7Ud1-19Up): Nu Vehicle{1} �016 Ducfge Chaitenger Related Offenss: 189.346.1(9}TRAF-PARK fN QR OBS7RUCT ACCESS TO F1AN0lCAP PARKttVG STALL 84Q011A[SC CO��99$9 lavolvemant Type: USED EN CRlME Ltcense Piafe Number. 476XLIV11 License PiaYe Stafe: MINNESqTA VIN: 2C3CDZAG9GN336788 Vehitle Type: PASSENG�R CAR Narrative{�. MAIN REPQRT-S� BAMMERT,BRIAN 3634 05113l2018 On Saturday, 05i12118, at 2335 hours I was conduc�ing an area checic a#a business Ic�cated at 800 Boane A�enue t�orth. This business contains a banquet facilify that is typiealiy very busy an weekend nights. 4n this particular night, the parking lot outside the banquet facility was full and there were several vehic(es parked on Boc�ne Avenue in frQnt of the address. l pulied my squac� into the parking lot outside the b�nquet facility. As I did s4, I noticed a tfark- colored Dodge Challenger parked in a ttandicap p�rking space near the front entrance. The Challenger was not displaying the special issue handicap parking piates nor did it appear io have any special parking �ermit displayed inside the vehicCe. i activated my squad's video camera system and my body-worn camera systerr�. I appro�ched the Chailer�ger and took sever�) still �haiographs of the veh�cie as l found It parked. Lr�oking into the Challenger from Che outside, 1 could not see any permit inside the vehicle that w�uld allow it to be parked in the handicap parking space. The phatographs taken af the Challenc�er wil�lae inc[uded with the case fila. The Challenger was disp�aying Minneso�a license piate 475XLM. Rc�nning a checEc of that license piate from my squad corr�puier, ! saw it lisied fo� 2016 Dodge Chalienger, black in ct�lor, which Printed Ona5t94t2t?18 _ Page 2 0# 3 Printed By UN[��RSANDER, KAIT�IN olden �alley Pr�Bice [�epart ent �`&b``;n ��: a ,s.. 7600 Galden!ra!IeY Rd Golden Valley,MN 55427 � � � ?. {753}593-8079 ^c�`pS�,�c`�,, >;� �� Case#:GV9�(}00985 t�cident#: GV18000985 apPeared to ma�ch the vehicle l was out with. Hennepin Caunty eitation#27081820'1413 �vas issued#o ths own�r af the Challer�ger, Michel(e Anti�nett�"hampson, �4� 10110l69.The citation ' was left an the windshield of the Challenger. No further fallow up is needed on this case at this time. End of repart. Of4icer Name: BAMMERT ' GffIC61' � Reparting UFHcer: BAMMER7,BRIAN �3534) 05113j�0Y8 d15:Q3:00 ' Printed On05/'t4/2t?°i8 Page 3 of 3 Printed B�+UN��R�AND�R,KAITt�IN �c�I en �alle� P�1i�� par�r�ent `�° � ��o � M.� � p`� 78t7(}Gn3den Va1ley Rd Goiden Va[IeYr MN 55427 :' � � �' , i�CQtQ EryVA44�,4�:5 {��^$�� v '"QliC�i.,.�. _^�.'. Cas�#:GV18001'134 lr�cidenf#: GV18(?011�4 , ,, �.r� �,.. �._ �.�_��. ti � _ ;«� . ,._,. .._ ..,��M. _, .M"v >>.�� .� Event $OU BODi�E AViE N GdL[3ElV V,�LIEY,MkNP�E50'fR 55427 Gv Dictai�an(YtNj: y pascrip8ion of incidonf: NUISANCE V10�ATIt}N Reported Dat�: t35/28=2018 C4:50:{30 lnaidant Start I7atelTirne: 0512&'2018 04:50:�0 Ineident�nd Datet7ime: 05t28t20�8 4522:00 Agency�isposition: NO�OLLOWUP � State Reparting�ase Status: ASSISTED/ADVS5ED q �ase Sy��apsis: Sqds were dispaichad to a ca11 oi peeopte laughing y�iting anU car horns honking. ; GV Squad VEdeo{YfN}: y GV Body Cam Video(YfN): y Use a#�orce YtNt n GV Crime Lab(YtNJ: � G1d ALPR(Y/M}: � , $61S�TEL'S5�Att�7CL D��2{�� I I ' � F2etated Oftunsa: ORDNUI t7RD NUESANCE ORO ViOLATSON 90t}t}NC1N•REPORTAE3lE 9599 Addrsss: 8fi�BOQNE RVE N Gity: Gf3LpEN VALI.EY 3tate: MiNNESOTA Ztp Cada: 55d27 O�@t1S@S{Z� REP�tUIS�EPEAT�t11SA{�CE CALL 9�tf0 N�N-R�POR'�ABLE 9999 Offet�se S�tus: As5iSTED;ARVISED Repa�Cable: No Occupied: No Daytime�0700-9900f: No (�3RDLf}UtJ OR€�C.OItD P�R31�f NOlSE Vtt)LATIt7rilS 9004�N£?l�-R��ORTRBLE 9�9g OHense$tatus: AS3tSTEC}IAC3VISEE7 Repesrtabfe: �� flccupied: No Dayflsne{Q7QU-1960}: N� �.__ �8ti'afitVe � .____..... 41AAl�RE�'�RT-518 ronvs,KYLE 5518 3818 06102/2a18 On t}5t2�118 a#0450 hours, Qfficer Halm and I were disp�tched ta 80U Boor��venue Narfi�, on ,��.� �Pa �e 1 of 2 �.. �,��, �-,� F'rir�� ...� ,..:� �,d..m, ...� .� . . :_�x �� Printed Onti6l13I2418 _ g t�d By.tOli��N,A(V{ANDA ; ��ldert ��Il�y R��ic� ��p��t�n�r�t g 6��,.' ' � C '. pU"3 p-.._ f 78U0 Gc�tden Valiey Rd Golden Va�1ey,MN 55A27 �.�.� °��iae+�aa}t°±:'� ; (763)593-$fl79 .,ao�,�cc ., ! <,,,, � Case#:GV1$t}01134 incidenk#: GV18001134 � _ � .. �. . , ,,. � � ... :�, � ��-. .�:�.. �,... :,�. .�:,: �� a report of�laugt�ing, Yeiii�ng and harns t�anicing. The ca!!er st�ted that there were about fifty people outsic�e, When we arrived, there were numeraus parties insEd�,few�f which w�re being {ou�i. We went int�t#�e business and rrtet wi�h security. Security�tated that�hey wer�iryin�to get parfiies c�ut�ide. Officers returned ta th�exierior of th�building and began mtaving p�ople fiowards their v�hicles. Ttiere were a cauple ofi individuais out front who were yeliing and attempting to start a fight.They , moved ta the so�Eh side�f the building a�rc�s5 the street. Officers re-positi�ned Yc�th�t parking Ic�t and the p�rties g�t into a car and left. W�ile we t+vere there, th�re were na horns honking but there num�raus people outside, sorrte of whr�wer�be�ng loud �nd waPking in the middle of Boone RVenue blocking tra�c. Ultimately, mos#of the pariies left Yhe area and ofificers were ab3e fo c�ear. O�ficer Nasne: l'ORVS {��IC6P�4 R�partin�t3fficer: TQAVS,KYCE (3518} 06j02/2C16 t}Q:2A:4C ' � Apprnv�ng OP�icer: tiU61G,STACI€ (GVS1'RCIEj OGIfl�17�38 69:51�59 ' Assisting t)tBicer: HALM,TAYLOR{3536} QfiJOZJ2@18 00:35�00 Assisting Clffieer: WAtM,TAYLOR (35361 �slozl7oss tm;�s:34 -^-:., .. . �. ^:��.,:. ��a�;� . ;... v� :.;:�: :d..� -rr:�i ,d,:;. �_.._, .,. .:>:.,> . ,.... ,:.�. ...:. ... ...::.. ...� _.�.....,.. _:�,,.. �.- �. . Prented On06t1312018 Page 2 �f 2 P��reteci 8�+.ldHt+150R1,ANEANt7A ��I��r� Valle� Police l��p�rr�s°�ent °k�'`; '. 78�0 Golden VaHey Rd Golcfera Val(ey,Mri!5SA2? �4 � �_�s' � ::f::i':v.�' !763)593-80?9 `O'°rN«�*`�` ?r.iicq :,saa5`;�. Case#t:GV18001144 Incident#:GV18t101144 . ., ,.. ,:. . ,;:, .,�F,,., .. , ,a, � ,,.�., Na .. .. �� vent 800 Bt30NE AVE iV GOL[�EN VAl1.EY, tv11MN�5f�TA 55427 GY C3lctatian(YfN): Y Descrlption of Incident: NUESAh1GE VtOLATiQN Reported DaYe, 061Q3t2098 fl4:42:QQ Incident Start DateJTfine: f76tt}3t2�t804:'t2:t}s? tncident End DateiTime: Ofi10312098 D4:55:Q0 Agency Oisposition: Pi0 Fpl.LpWUP State Reporting Case Stafus; A5SIS7EDIAt7VISED Case Syno�s�s: Qfficers wara cailed ta an a€leged assauit On errivet,o�cers tound roughiy 950 peopte in ariendance aE a benquat.The majariry of these pecple appear�d iteevily intoxieated.Many taer�y�fting antf scrsaming�t �sach ottrer.Q�cers wiinessed many alterCattorts b�hvE�en i��toxicated partygaers that nearly esca4�ted inta physicai fights.Event sacurity sfaff were simply trying to get people to ieave tt�e Fiuitc�ing,4lficers rnade contaot with the female who'd initially calted 911.She stated she`d been pushed and choked by a member of fha secur�ty stafi.The security staff inember rn questian staYed he was simply trying to calm tne femala dawn safter she'd been involvsd+n a sepaeate altercation with�nather fsmai�.The se0urity statf m�mb�� insisYsd he'd nevar put his hands on the 911 catler.S�vsraE other witne5ses corroborated this account. 'fhaugh the 31 i calier statad she'd been shoved,choked,and manhandied by securlty sRaff,ihere xasn't a brui5e or a sctatch anyvehere on her body. GV Sqasd Vidcao(Y/Nj: Y GY 8esdy Cam Yideo(YFl�i}: Y Us�oi Force YIN: N GV Crime lab(YlN}: N GV AL.PR{YTN): N # Person Mentiorted Data 2 a. , .: . :. _.� _... ,:.�, �� .�:: .,.,:::_.. ..�� > ::�„ ... .. .., �. .. � ,,.. .. . .., �. Print�d On{�6l9312018 Page 1 of 7 Printed By JONFISON,AMAN€3A �oid�� la(ley Polic� Department �.�c°�.>� � p.. 7E�0 vo(deri Valley Rd Goiden Vall�y.NI�5542? � �� w� ��n �;,,;; (763;t 593-£St779 ,`pv4�f*''': s,,,;, Case#.��j1$OQ1144 Incident#:GV7£3001144 „ , . M„ � ,:n:� �,-e, < �,., ,T�. :� ..,, , PE4rVE�,LC}RPU PRlNCESS DOB: (3ifiJ2/1992 Age: 2� Sex: FEMAI.E Racs; BLACK OR AFRlGAN AMERiCA'� Height: 504 tt�e7ght: �� Eye Color: BRt�VIN Qriver's i.#cerisetlD Namt�er: privea's Licer�setli7 St�t�: MlNNESt}TA Address: bE29 69TH A�lE N , Apartm�nt: 2�7 C3fy: BROOKLYN PARK Stattr: hi1NNESOTA lip Gode: �� CeI!Pharse: 1�Mf'11.1[.�Si�1�1ARf}IV G Q�g: 0{it2{7119$� Ag�: 33 5ez: MAI.E R��g BI.ACK OR AFRIGAN AMERlGAN Heig�ht: 310 w��c: �sa Eye CoEor: BLRCK Oriver`s License/iD Number. Driver's License/i0 Statc: �4h��Q�� Address: 5A41 ZANE AVE N Apartrnertt: ��Q� Citp: BROOKIYN FARK State: MiNNE50TA Zip Codrr; 554A3 Celi Pfione: ,. . ,., .�: ;,�,. . . .:. r� ,,:�.. :.... . ......v.,a,-.�., ,�f..,_._ . .. 4.��,�.. ,_ . ... Printed On061931209� Page� af 7 Prtnted�y JQHNSON,AA�ANDA �c�lden 1lalley Polic� �epar�ment �y.``a``�� Q. p. 4: ,'�00 Galder�Valley Rd Golden Va11eY,NEN 55&27 ' .� � �FP1 qqYl.}��'a�:> {?63i 593-8�}79 4.�o�,;cx< .; ,'r�ava,n'; ' #k , Case#;GV1800`t 144 Incident#: GV18001144 :,. �... . . , ..�. , :,;. � . _._ ,:�.. . ,..... _ . L'iffenses�2 REPNUIS REPEAT Nl1t5AiVCE CALI 90Ut3 NON-REPOR7AF�1.E 99�9 Qfiense Staius: ASStSTEDfAOViSEO Reportabte: N� Oceupied: Pta Dsyt�me(O7D0�49t1D): Rio CJRD ORb LL�GAL ORDINANCE Vt4l�1Tlt}�IS 900t1 N{7N-REPORTI��#.E 9999 Severity: PETTY MiSDEMEANCIR Offense St�tus: ASSISTEi71ApVISEp Reportabte: �da Occupiecf: �o paytirte(b70(t-'194�j: �1a � ��CCBtIV@ t�} 5tJPI�LENtEI�TAI REPORT STRAUSS,NIEGHAN 3b16 3516 U8004{ZU18 t7n 06103t18 at approxim�tely 0412 hours, Officer E3ammert, Sgt.Wilcox and 1 w�;re dispaiched to 800 Bc�ane Avenue R�orth for the r�part of�rz�ssault. Commer�ts from dispatch are that a reparting party stated that a female was pushin+� her and choking her.There was� s#ront� language barrier.Tt�e reporting psrty refused ambulance and Che suspect was stiil on scene. Upon arriva( at apprflximately t?415 hnurs, Sgt. Wilcox and I entered the premises where a large party was gaing nn. ! observed peaple drinking aicahol out af pla�tic cups. !t was very chaatic insi�le and there were sevsral small altercaC�ons going on.There wer�appraximately six s�curity guards on scene that wers breaking up these aEtercatians in which people w�re pushing and yelEing.We were unable to ioc�te the report�ng party insic#e. After seeurity was able;o get everyt�ne aut of the building, officers w�nC back outside. This is when 4ffiic�r Bammert and 1 iocated the a1leged victim. She was identifi�d by C}fficer Bammert as Larpu Princess Pewee DOB 01/02192. Pewes seemed extremely intoxicated�nd atte�npted ta te�i c�ffiicers what had happened. Ultimately, she pointed aut a security guard that sh��lleget�had choked her. "t`here w�s no physlcal evidencs af thfs on her bcrdy. Several witness�s stated that he had n�ver choked her. I then went�nd spoke with a security guard,wha identified hims�tf vertaatiy as Aaran C3.Ambu[a pO6 0612plS�.Arnbu(a expDained that Pewee artd another fernale wer�in�n aitercatian ar�d Arrtbula was trying to calm Pewee dawn. He sair�t3�ai she was in a chair and he put his�rms on the wall behind her, a�most�s if hugging her. He stated that he caPmed her down and he then walked away from her. He u,�as notifed lat�r#hat she was outside and w�s trying fio get back en. t�e said tt�at he again went outside and atternpted to ca(rn her down. • - ..:_.�a+.,:e;..:. ��< .c�:v r,.._.- ...._� ex .;.�><.. .ce�..... .<�t+r es�€ � . ,a.w. .� Printed C�rtt#B/13J2U18 Page 3 of 7 P'rinted By JUHNSC3N,AMAhiDA ��lde� ti��y Poli�e �p��ment �`R°°,� -'.0.,'.� A'::' 7$00 Golden Valfey Rd Gotden VaiieV,�N 5542� ��.; �}� ; 6pt.Qg�VaLip,'+5:' }763}5$3-8079 ,rot�ce �``�4.14,9:.�.�.e Case#�:GV1800'�944 Incident#: GV980011�i� .<:... . :,s.. .:';'.: ....... ......:a. �:,....�.. . ,....u>..., :::.: i� n y.::..$' "d:t�'.:. i.R"G`d. •v.... ..R.":.�, .e:_..2 . . e..,.L . .. . ..... lt was apparsr�t that no assault had happ�ned. MQst of ihe patrons were intoxfcated at i�e p�rty and �If vacated the premises i�efpre afficers cieared the scen�. C?ffioer Name: &TRFIUSB 11��9�1 ftEPORT-53� stamr��ta�r�BRDAN 3534 3634 i?6t03/2U18 On Sunday, 061�3/18 at 0412 haurs, o�cers were dispatched ta a business fcacated at 80Q Bocsne Avenue North, on a report c�f an assault that had accurred there.This business is a home healih care faeility4 however, on the weekends, th�compar�y routinely r�nts t�eir space r�ut as a banquet��cility, Friday and Saturday nights are typically v�ry busy around the business with a great deal of vehicle traf#ic an �oc�ne Avenue and faot tra�e in the street and on the praperty. The banqueEs he{d at the�acilify almost always involved alcahol being served and officers are routinely caf€ed there to deal with intoxicated p�rty go�r�. ar� this particu(�r night, th�911 cafier inft�rmed disp�tchers th�t a f�male had beett pu�hing and choking �er.According to dispaCch,the 911 caiCer h�d refused ambulance servi�e�nd advised that the suspect was still can scene. Sgt. Wi(cc3x, {7fficer Strauss a11 tespanded to the scene. By the tim� 1 arrived at the banquei facility, Sgt. Wilcox and �?�cer 5irauss were already inside. ( attempt�d tr�enter the facility fio join them; however, I was uneble to do so due tfl a steady stream of intc�xicat�d pe�ple le�ving the building. �lany of the p�rty goers were yelling and screaming to other member��f ti�e party and there were twa peapl�immed�a��Iy inside the ' doarway who were engaged in a heated scre�ming match with eac� other. 4 shined my fi��shlight on them �nd instrue�ed them to cafm down and leav�and they c�id so. Eventualty #was able to make my way inside the buiCding and jt�in up with Sgt. Wilcax and Qfficer Strat�ss. i asked them if they had been cantacted by the 911 calter after their arrival vn scene, but�hey stated that they h�ct nat. After sp�nding a €ew minuies inside the banquet faeilitp,officers made their way b�ck outside, where I �vas meE by a��maie,who identified herself as the 91� caller. She was later ' identifiied �s Ltarpu Prir�cess Pc�we��0�3 01/f�2f92, Pewee st�ted that toward the end af the b�nquet, she became involv�d in an�Itercativn with another female partygoer. According to Pewee, security�taff at the event interceded in this a(�ercation and tt�id her that she had to l�;ave. P�wee stated that security st�ff grabbecf her by the arm, chaked her arour�d the neck and pusf�ed her outside. In looking at Pe�n+ee's neck, upp�r forsa and arms, 1 did not�ind any scratches, bruises or abras'sons, Pewee had rto apparent injuries�hat were cansistent with having b�en assauited. ,:, � _. ,...., . �`� `pa ��..�� .. _�, s: ��..�,_ ... ,..� h> �� ._. . ��.,�: e.,., ..,.,..:�,_: PrinY�d OnOS113t2U18 _ g af 7 Pri�ted By JC}NI�FSOid,A�+IAND1k �c�ld�n italley Police D�p�rtm�r�t P\�e<°;�� ;,� 7800 Gofden Valley Rd Go�den Vafi2y,MN 55427 � �;'. =; (7€i3j 593-8075 ,'��o+�rn'��c,"�,•>�;; �'•'a�•,'�I Case#;GV18001144 Incident#:GV1${101144 ..�_, . __. ..r. . .�.,mx�.. -a.�. ., e• _r�.:.. . ��:...,..,.� ,.,. ... . . ,. . � M.�a .sr e x�r �+x c. . .�.-., r ..:-<.„.w. s=• ,, ...� . . :.. „ . .. , ... , After ta(king with Pewee, i spr�ke with a male wht�stated that he had snritnessed the aitsrcation, � He verified tha# Pewee had in f�ct been involv�d in a heat�d argument with another fernale and was instructed by security sta�f ta leave the facility. This bystander stated#hat s�curity staff never a tauch�d Pewee. He did add thet Pewee was the aggressor in bath the altercatian with the ofher female and became co�frantational with security staff when told to leave. � �i/hen asked which security guard had assaufted her, Pewee painted o�€t a mate, later identified � by 4�cer Strauss �s Aron i�.Ambula Qt7B 46120184. C}fifie�r Strauss and 1 both spoke with Ambula about what had transpired, He#oo sta#ed that F'ewee had become disorderly and had been having a heated argument with anather unknown ferr�a€e. Ambufa said that he did confrc�n� � Pewee ab�ut her involvement in ihe altercaticrn and toid h�r that she simply ne�ded to calrn ; d�wn and ga outside, adding that she was dressed too noceiy to�ngage ir�� physical fight. i Ambula stated that wtr�le Pewee's back was a�ainst a wall inside the b�r�quet facility, h� placed � ' his hands on the wall an either side of her body in order ta restrict her movement but stated that � he never physic�ily tvuched h�r�rtywhere. Based on Ambula's st�tement, in additir�n fcr simif�r ; wi�ness statsments indicating th�t Ambula never touch�;d f'ewee,cambined with a lack of any I injury whatsaever on Pewee's bady, it was determinsd that the assault had likeiy not happened. i � After deterrnining that F�e�ree had made arrangements to get a ride home with a#riencl, she was �dvised ta leave the �cene, which she did. At this tirne, nc�fur�her fo3low up is need�t�on Etris case. Nv criminal charg�s are being pur�ued ' against any ot the parEies invaived. Offia�r Name: B�RIMER'r SUP'PLEM�iVT�L REPORT JOHNSON�STEVE 35d2 86fl2 08fU�d2098 On 05/311�8 at�pproximately 1430 hours> I received information from Sgt. J.Johnson in rsference to him being contacted by a St. Paui Police Department d�vision that waich�s �ocia! rnedia. Si. Paui Palice indicat�cf tY�at a party th�t wa� posted an a website that�he had found Iisting an address of 8t10 Sc�c�ne Avenue North, wr'th a listed party time of 9:0�pm -3:t10 am,that had drawn our attention to twa priar weekends where our officers were out at ihat address invotved ir� iaud party camplaints�rrd also possible assault. #n loo�Cing at th�t address of 800 B�one Avenue NorCh, it Cdsts to�n adult daycare facility and not a rentai facility th��we were awas�e c�f whieh eould host evening �ctiviYies. I did cont�ct Qur city planner, Jason Zimmerrnan,who dicf confirm that 800 800ne is an adult daycare faci(ity and do�s not have a conditiona! use permit for renCaEs, suc1�as parties or liv� music ev��ts. :_, �r ,...< ,, .�; � .. �1��,,. �. ;a�,. .,. �:: � _ � � _ m ,��- � ��x, Prin4etf Un05t1312018 #�age r of 7 Pr3nted By JONNSt}N,ANIANDA � _... _.__.. _ _,_:.�. .,,..._._....__...__ l, � �c�lden '�alley Polic� ��p�rtr�ent .,.��¢`.r�;.. ` 7�00 Golden Va!!ey Rd Golden 1d�lEey,MN 55427 ��: � � , (763}593-8079 �oc��`�„"`wy�' ��:�'Qioto�r�. Case.#:GV180fl1144 incident#:GV1�i}01'#44 ; � � n.,. �. � ,�. �. . �..K , ..,:. _ .. � ...�_. � . ,.., � :. �,..�._ , <,,. � v.�.>...�. ,;� , �. 1 wias able tn find in our ir� hc�use, a company called Pro Par�ners with th� name af aavid - C7lshansky�t phone number 612J98�-2t184. {t fisted th�E party as the rn�nager of Heartland Adult ; Day�are C�nter with th�ir main address l�cated at 4949 Olson Memori�i Hvdy. in C�Eden Va1Cey. I £ called tt�at ph�rne number and a parry who identified himse(f as �avid t)Ishar►sky answerec�. He � told me that he was the man�ger afi the property at 4949 Oison, as well s the property at 800 Boon�Avenue �larth. I informed him�hy I was calling and advised him that w� had be�n ; responding #o the praperty a�800 Boc�ne over t�te past few weekends involving loud parties and I was wondering wt��t he knew about ih�t f�cili#y. H�#c�Id rne th��he has been renting thafi = praperty out on the weekends#or parties, �uch as birthdays, b�ptisms and other small events, 3 ; Whero I informed k�irr� that w� had been there in#he past#ew weeks on loud party carnpCaints � going inta the�arly mnrning hours, as u�eli as an assauit, he told me that he was unaware af that. I also informed hirn that there was something post�d on social media far this weekend involvin� a ' live music�vent�t that facility, He siated that he did rent that facility out ta a party by th� n�r�te of John Ne€�fi�rille vmith phone number 7631433-4698. In t�y conversa�ion with C7lshansky, i ask�d him if there would b� alct�hol and if there v�r�s, how they were doing thet. He stated#hat if th�re was an alcohoi being serued et any event, it would have to go through a c�t�ring company. Hs was�naware of v�hafi this psrticular par�y was doit�g. C3lshansky told ma ihat he would have f�eufville cail me ia see if we cou6d discuss wh�t was going on this weekend. E did receive a p�►Qns ca(E fram an 'sndividua(who identified himseEfi verbally as John Neufviile. l��u#vE91e t�id me that he was hosting a party�t ihis facility. Wh�n t tc�ld him it was an sociai rnedia wifh a time listed ofi 9:�0 pm -3:Op�m, he told me that the party w�uld b�over by 1:00 am. i �sked him if�here was alcoho� being s�rved afi the party�nd he said there was noi going to�e any alcahol provided at the party. He did acknowlec�ge ihat there was gving to be live music ��rformers. 1 asked him ef this was event open to the public and he st�ted that it was for a group of friends for a fund raiser.Ag��n, I told him ii�at it w�s pasted on the v+tebsite vaith tickets seiling for�20.00, VIP tickets for$40.00 and would be mc�re at the door. !n rny conv�rs�tion wath Neufvilie, 1 �sk�d him if it would be fne if I had �coup{e of officers stc�p over tiurin�the event to verify if there w�s rto alcohoi being ser�ed �t the ever�t�nd he tofd rne ihat wtiuld be fine and he wpuid have no issues with that. I contacted Jasan Zirnmerman again and told him what 1 had learn�d. He taid rrie that it ap�e�rs that they were not properiy using t�is faciiity fior what ihe agre�rnent was between the faciiity�nd , the city and he was g�ing ta meet with#he praperty manager bavid Clishanky.We both agreed that this event cou(d continue for Yhis weekend, as Iang as tl��y were within the ordinance ant� , t�te two af them wrou3d meet ths#ollowir�g week#c�discuss the use of the buildin�. Or� t76tU4l18 auh�n I carne 6r�to work, I iearrc�€i fihat our officers were back out at 8{l{} Boone Avenue Nc�rth on the rr�vrning of June 3rd at approximately 040Ci hours in referer�ce ta a {oud party and passib(e assault.The repa�t indicated that there was alcohol an scene but it did not appear#hat they r�ere serving alcahal and it was possibly brought in my paCrons. i�was aiso reported that there w�s a large grflsap at fihis faciiity. AC the time of#his report, E �ttempfied to call back David t�lshansky to advise him crf the sc�nario , that c�ur afficers were cakied to on the maming of June 3, 201�. I am planning an tslking tca him to ' let him knaw that he wauld be receiving a notice of nuis�n�e ordin�nce as Dlshansky i�the manager�nd alsa advised me that he is fhe person renting ihe facility out. H�also t+ald me in my canversations ihat he h�s this facliity rented out ev�ry w�ekend for th� remainder of this ye�r. , „. :.,,, :,�: �, x� ,r,�.....�.., .�. _ ._.:, z. . : ::,. .<a.�..�: .,� c�. :z.E�. ..x-� �,... ,..,��.t�;�. .� Printea�On06113l2018 Psge 6 af 7 Prir�k�d By JOHNSON,At1�AN!}A ��,ld�r� �/�I��y Poli�e ��partrn�n°� �&g°F%'. r... •�'Q '"q',. ?SOQ Golden Vai1e Rd Golden Vaile .MN>5427 �� Y Y �;'�'�:. 143J�J,�J�`�Vl� '•�S�d�F}3`�0.�1F'a,'• ol},�E ; ';roa,. Case#:G�l18001144 fnci€fen##:GV98Q01144 ... , :_:. ..;,.. ,..�. _,:�.. ...�,:�. .,� . �.., ... , N �.� ��.� . . 3r,� A nuisance csrdinance vialation should be sent tc�C��vid f�lshar�ksy at 4�4��fliso� Memorial Hwy, in�olden Val�ey a$�he Heartlanc��;dult Qay�are Facility in r�ference ta this Encident. There is no#urther iriform�tion at this time. o�r�CgE�a��,�: s�ar�NsoN Officer(3j Supplementing OHicer. S7RAU55,MEGMAN (3516y 06J06(20'18 09:3fi:0{3 Reporting Ofitter BAMMER7,BRIAN {�534) 05/03f2018 DS:S9:�€� Supplementing Officer: d{}HP�SON,STEVE{3562) 6�i/04J201$24�CIA�Q[3 ..., .�u. a.�,. _.;.<._, .w. ,. ,....,..t- �, .��,t�a ir. :r..�s:,-. ,:� ,.� ;.��.� ;-. .... .. �A ., . ._ _ �y .:y�.-r..t� �_+u. . _.♦t p�st......, Printed C3n06l13I2fl18 P�g�7 �Df 7 ��'f��Q�Se�JQ['I�a7d�a pl��ilY1J�l . Gc�ld�n V�Iley P�lice Departm�nt .c4°R`,r`, o ; g. s 78d0 Golden Valley Rd Gotden Vaitey,MN 55427 ; „�:�_ „• FOkS�k`�YA4Y'�'K�. (763j 543-807�3 , no"��,4� ,. :�.; - ��,�y�gpp�g�4 incident#: GV18001$34 �. «a,� ��,P��• . .�- .,r�� .:��b. ,..��m�,�� ,:� �._.,,;.,� � ,�<. s�.�>_:�. ,�� _�h ��...�-�-�;�. ��, ,� �,... ; Ev�nt 800 8C3flt�E AVE N GC31.D�A�VACLEY, tviiNlYE5t3TA 55427 Gv Dtctauan(YtNp: y Description of incident: tNARRANT Roporksd 17at�: 09l21i26�8 21:29:D5 tncidet�4 5tart[?ateiFimo: f�9J2112018 2i:29:45 Incident Ent1 kTateCtime: 6�+121/�Q1$24:�35;00 ,Agenay pisposi#ian: NO FC?LL.OWUP StaYe Reporting Case Status: ARi2E8`!'O�ADUl.T1ADUL7 ANO JUVENitE Case 5y»opsis: Whiis inves+agatrcry a possibEe nuisai�Cefnaise orclir.�nce violailon,!mads aontacf�vith a n;ale subjact�uha I (aafned had a sign and release wartAni,The subjeCt evas released witti a eouh date. GY Squad Vfdeo(YdN}: y GV 8ody Cum Video(Y)N}: y Use of Forae YIN: � GV Crime L�b{YIFd}: n Gi!ALPfd(YJN): � SiiSp�CtS�1� QL5HAN5KY,ROMAIV RelBtad Offensas: htiiSWA M15(;C3FCR WA�2FtANT ARf2E5T 3000 Nt�3V-FZEPOF2TA6LE 9yJ9 Suspect Arrestc�d(YIN}: MO Juvenite{YtN): R�o DOB: 11 f26i�9$5 qga� 32 � Sex; MAtE i Race: itVtilTE � Height: 511 ( Weighf: �� i �ye Color. CiROWN Orivar's E.ieenseltD Num�er: Driver's Licansaf#D State: MINNESCITR AddrQss: 14545 77H AVE N City: Pl Y!JfQUTH State: MiM1tNESdTA Zip Cacte: 85447 Cali Phone: ' tnv€rEved D�ts 1 Reluked t7ffense: P��ti��5�QFCR VUARRANT ARREST 9000 NO�1-REPORTAStE 9999 ' Address: 800 BOONE AVE N � CiYy: GOLt?EN VALLEY � } State: MiN(V�SOTA � � Zip Cade: 5�427 � � a.-�....&H� .. -s�w X . u K,n .....� & � <A�.MA.f':.,e . ...rn'4...�tib;sal�3�X.:5tYs'�::�A _ ��.d�.e.�as.UdX'l^i�i.'35�i`ceG"�fi�P4<6`iY49�e'.:�Ai�i'.'�Ef&x=.:,}}SY9 Prir�tsd�On09124f2018 � . � Page 1 af 3 Printed�y BUCJIG,S7kC t��ld�r� �f�il�y P�t�e� t��p�r�m��t v;��a=a.�,:. a A^• T800 Got�ien Valley Rd Golden Valley,MN S5427 A;�� p '�its�s�va?:��'i` (763;593-8079 ;;t�oii.yc .�: ;awi �. c�se#:�v�aao�s�a Irtcident#:GV18Q01$34 � �,,�.. ��.�._�.�.., . �. �� . :��.�, �r .«.�� t�..,_�,�„ a .,� � e_.... :-,� < .��-,-� ..��. � ��.�::�„�-�� .,. ��.,. C?ff�r�ses�1} M15WA MISC i7FCR V'UARRA�lT ARREST 9000!�t'�tU-REPORT�4�LE 9999 Oftensa S4aYus: ARREST O�ADUITtADULT AND JUVENILE Reportabts: �o Oocupied: '�Q Dayfime{4Ttl0-1900}: No NafrattVB(2 MAl�1 REPORT'-524 ZACHM,AN,3ERAD 3S2d Q91221201$ C7n 09I21f18 at approximate4y 2�29 hours, 1 was checking th�address c�f�{�0 Soor�e Avenue North. Sgt. Sioat advised rne Chat fih� business at$Ofl �ot��e Avenu� North Yr�d its permit revoked by th�Gity of Golder�Vafkey so this business �ould na �onger hald events or rer�t out the business io oth�rs far get-togethers. Sgt.Sloat requested#hat I eheck on the business�s �t app�ared they were having a get togett�er tor►igt�t.Whsn ! drove pas#th� busin�ss, f dbserved� large tent with a band playing music ou�side and in frc�nt of the business on fih�;west side of 804 Boone Avenue North.The rrtusic was very lflud and there v�as a larg�group o�pecaple present. I couid a(sca observe s�vera!kegs flf what�ppeared tu be beer near ihe west side �fi the business as weil. 1 activated the in car squad car and my body camera to record the gathering�nd ciocum�nt hdw laud the nc�ise was. I �iso took phc�tographs a�f the gathering which were later upl�aded to the media s�ctlon. Wt�ils l was investigating the gathering at ihe busi�ess, f was approached by a male wh�told me th�#tie was the own�r of the property. He tried to teli me that ih�re w�s nc�t an event that was being ht�sted but an emplc�yee appreciation event that he was pufting on and that Yhe business v�as n�t being ren�ed out. He told me that this event was held last year as well. He thaught that he checked into it this year and that there weren`t any issu�s. He tald me#hat the svent would be ending at 22U0 hours to stay in compli�nce with ih��ity of Go�den V�liey's nt�ise ordinance. He told me that ��there were any furih�r issuss that 1 �E�ould con#ac� him. Ne said thai he was willing ta�ravide rne writh his information. i asked hirrr if h�'d be witling to sh�w me his [� so l cauld put it in my camputer�Iong with his pY�one nurr�ber in case i needed to contact him (ater and he stated that was tine and c�ave me his MN driver's (rcense identifying himself as Rr�m�n Oisl�ansky DOB 11/26/85. When E ran 4lshansky's driver's license in my computer, i observed th�t h�had a misdemeanor Hennepin County far failing ta rnaint��n his property.The inrarr�nt nurnber is 18421712. 7he warrant was a sign and release warrant. Sgt. Slr�at and C3fficer Siljander arrived qn scene to assist me. 1 conducted � se�rch c�f � Oi�hansky's person and placed him into the rear seat t�f Sgt. �ia�t's squad car. Hennepin Caunry cierks confirmed th�warrant �nd provided a court date of �t}111l18 at{}815 hcrurs�t Divisic�n 3 � �n.:�..�� .__.... ��.,�, 1.�.�.:�h ��,� ......e�� . .� �x..p,�_,� ��,� �..��.;� .a�..� �,:�,,�.� � .a - �rinted c3n09t24tZD-I�� Page 2�of\3 Print�ci By��1C�tG,STAC � � € ( ( 3 ��Id�r� Va11�y P�lice C��par�rrt�� , ��°¢�"°`: 9 ;�,. 780Q Golden Valley Rd C'sald�n Valley,MN 55427 4 �`� ' (753)593-$0?9 °pt anj«st�,"' �ouc+�..�: `�,§w€ Gase#;GV1�b�183�3 Incident# GV18Q49834 ..��. .�.��. , _ ,.,,�� :�:_..;�, e��..� � ��:�:�x�K.�ar�� _:_w�� . �,:-� ,��.: w.��<� ,,.. .�..�r.F.... �� ;., � Ridged�le court far C3Mshansky. ! completed the sign and release w�rr�nC form which fllshans�cy signed and was pra�vic�ed a copy of. I included a copy of t�is eiocument with ihe case fite. Qlshansky was�hen reEeased. Nothing further. otr��r r�a��+e: zacwnna;u Officer 4 RHporiingOffitet: ZACHMAN,JERAQ{3524} 49�r22(20180G:12:00 AP9roving Dfliter: Singh,Eiyan i3563j U9j23(20I$�&:59:01 Assisti�$Officer: SLQA7,CNRI5'f1hiE t351C} U9f22/2628 Q6:18:4£} �sslstittgOffitet: 51UASVbSR,IEVk {35333 `J9f77/24180o:1�:fl0 ( ,� :��,.,�,..�� ::� .,. �. .;.,._ � .�:. .�.;<.-..�....�.::��,. ��.�u.:.. . �,.�.�-.>v, e:��,,. :.� :�..�•��:� �<,,�A .�:Y��:::�._��:�� ,..:: ..3 S�rinted Qn09i241201� Page 3 af 3 f�rint�d By 8UDlG,STAC �� r �. ;. ; �:� .. ..t � � �� ,.�� -s��,��' � � 9 3�i�j a,i i l' 'a � �� £g l"K.,�, �"�� . S� i �§ r.< wa+ �'f� "'#z 9��iP/ � ) �,�"�� 4�'n y'-9 ' �il�"� x .h :% �� v�" ' *:'°� r 3, .>�: z I€�� Y �,� �� a �.� ��;.a'�,..0 � } � € N z..�. . <.¢ � ...., i.a .es i� , „� :;;Z „ � � ��` �� r � t ��t � � �� _ _ _ _ �� _ Date: October 22, 2018 To: Golden Valley Planning Commission From: Sue Virnig, Finance Director Jason Zimmerman, Planning Manager Subject: 2019-2023 Capital Improvement Program Staff will present the 2019-2023 Capital Improvement Program (CIP). Chapter 9 of the 2040 Comprehensive Plan will contain the City's CIP, which will be updated annually. As stated in the by-laws of the Flanning Commission, it is the duty of the Commission to review major capital improvement plans against the goals and objectives incorporated into the 2040 Comprehensive Plan and to determine if they are consistent. The new five-year CIP was discussed at the Council/Manager meeting on September 12, 2018. Key initiatives in this plan, and the 2040 Comp Plan goals that are being addressed, include: CIP—Stormwater • DeCola Ponds B & C project (2019-20) • DeCola Pond F Diversion project (2021-21) 2040 Comp Plan—Water Resources • Goal 1: Sustain and Improve Water Quality o Objective 3: Improve quality and reduce quantity of stormwater runoff 3.2: Minimize the rate and volume of stormwater runoff entering Bassett Creek • Goal 4: Reduce the Risk and Impact of Floods o Objective 1: Minimize the risk of flooding along Bassett Creek, its tributaries, and other flood-prone areas 1.2: Maintain and repair the Flood Control Project system 1.3: Regulate stormwater runoff discharges and volumes to minimize flood risk, flood damages, and the future costs of stormwater management systems 1.4: Identify and implement additional projects to reduce flood risk along the Bassett Creek trunk system 1 CIP—Water and Sanitarv Sewer Utilities • Radio Meter Reading System (2020-21) 2040 Comp Plan—Water Resources • Goal 6: Balance Water Usage and Conservation o Objective 1: Reduce water consumption in the community 1.4: Manage active and ongoing water meter replacement repair and testing programs CIP—Water and Sanitarv Sewer Utilities • Winnetka Avenue Utility Rehabilitation (2021) • T.H. 55 Lift Station Relocation (2022) . 2040 Comp Plan—Water Resources • Goal 2: Maintain and Rehabilitate Infrastructure o Objectivel: Conduct proactive maintenance and rehabilitation on critical services to improve functionality and effectiveness 1.2: Continually evaluate the condition of infrastructure and system performance CIP—Streets • Pavement Management Program (2019-2023) 2040 Comp Plan—Transportation • Goal 1: Preserve and Enhance the Transportation System o Objective 1: Proactively maintain the existing transportation system by making scheduled improvements to replace worn or obsolete components 1.2: Continue the Pavement Management Program (PMP) to reconstruct and maintain facilities following best practices that manage lifecycle costs and minimize environmental impact CIP—Streets • Zane Avenue and Lindsay Street Reconstruction (2022) 2040 Comp Plan—Transportation � • Goal 2: Improve the Functionality and Safety of the Roadway Network o Objective 5: Accommodate the efficient movement of goods in the city while minimizing the impacts of freight traffic on adjacent land uses 5.1: Maintain a network of truck routes that ensures the safe and efficient delivery of goods to businesses 2 � • Goal 3: Expand the Bicycle and Pedestrian Network to Provide a Balanced System of Transportation Alternatives o Objective 4: Implement a multi-modal system that balances space and financial constraints 4.1: Implement cost-effective bicycle facilities by using existing road width when roads are scheduled for pavement replacement CIP—Streets • Xenia Avenue and Golden Hills Drive Improvements (2019) • Zenith Avenue Reconstruction (2022) 2040 Comp Plan—Transportation • Goal 1: Preserve and Enhance the Transportation System o Objective 1: Proactively maintain the existing transportation system by making scheduled improvements to replace worn or obsolete components 1.2: Continue the Pavement Management Program (PMP)to reconstruct and maintain facilities following best practices that manage lifecycle costs and minimize environmental impact CIP—Streets • Sidewalks, Trails, & Bike Facility Upgrades (2019) 2040 Comp Plan—Transportation • Goal 4: Maximize Safety, Comfort, and Convenience for Bicyclists and Pedestrians o Objective 3: Ensure the bicycle and pedestrian network is a convenient and easily understood system 3.1: Fill gaps in the network to maximize connectivity and convenience 3.4: Strive for a consistent design in bicycle and pedestrian facilities for the entire length of a route The CIP only addresses infrastructure. Other Comp Plan goals and objectives are being advanced through policy decisions (e.g.,the Protection of Tenants in Affordable Housing ordinance) and budget allocations (e.g., funding for Phase II of the Downtown Study). Recommended Action Staff recommends approval of the 2019-2023 Capital Improvement Program as it is consistent with the goals and objectives of Golden Valley's 2040 Comprehensive Plan. Attachments • The entire CIP is located on the City's website at the following location: http•//www.�oldenvallevmn.�ov/bud�et/capital-improvement-pro�ram.ph p • 2019-2023 CIP Summary—Projects by Department (4 pages) 3 City of Golden Valley, Minnesota Capital Plan 2Q19 thru 2023 PRUJECTS BY DEPARTMENT Degartment Project# 2019 2020 2021 2022 2023 Total Build'utgs �--- -y Generators B-0f2 50,000 50,000 Air Compressors 8-043 5,OQ0 �� Replace CoRayVac Heating Systems B-Oi8 175,000 175,000 Installation at Building Security Systems &027 10,000 10,000 10,000 10,OOU 10,000 50,000 Council Chambers Remodeling &036 300,000 3�� PuWic Buildings Roof Replacements &04f 150,000 150,000 150,000 4�� Gity Hall Boiler Replacement B-043 225,000 225�0� 10th Avenue Storage Bulding-insulate and Heat 8-046 375,000 375,000 10th Ave South Side Storage Yard B-048 125,000 125,000 125,000 315,OOD Park Sheiters 8uidling Improvements 8-049 50,000 50,000 �� Brookview Shelter Sewer Service Repair 8-050 50,000 30�� 10th Avenue Storage Yard Improvements 8-05t 100,000 ?OD,OOU Buildings Total 635,000 610,000 390,000 510,000 110,Q00 2,253,000 Cablecasl3ng Improvements Cable Equipment Replacement C-001 200,Q00 2�� Cablecastiug Improvements Total 20d,04� 20Q,0� Golf Course -�T._....__-___.� GreeMee Mowers GC-003 45,000 45,040 Utility Ca�t � GC-005 11,Q00 11,OQ0 22�OQ0 Point of 5a4e System GC-007 30,080 30,000 Rough Mowers GC-0?0 70,400 70,000 140,000 Fainxay Mower GG014 50,040 52,OOd »2�� B�idge Improvements GG023 40,000 40,000 8Q�004 Turf Sprayer GG03f 50,Od0 �� Beverage CaR GG035 25,000 25,OQ0 Hole 1$Tee Improvements GC-04? 50,000 �,� Range Nets GG045 19,fi75 20,000 39,875 Aerator 6C-046 25,Q00 25�OOQ Lighfiing Alartn System CC-047 22,aoo 22�000 Golf Course Total 1�2,875 106,000 162,000 120,000 140,000 630,875 �arks ^ Bleacher,Soccer Goal,Team Bench&Picnic Tables P-001 25,000 15,000 25,000 25,040 25,000 t�5,000 Park Tra�and Parkir�g Lot Imp�ovement P-002 90,000 40,000 50,040 75,Odd 75,000 330,000 Play Structure Reptacement P-003 60,000 60,000 60,000 60,000 240,000 Outdoor Hard SurFace Replacemer� P-015 23,aoa 2t?,b00 Z5,000 25,04Q 25,000 118,000 Park Signage Replacement P-018 10,000 5,000 5,000 5,004 5,000 3t?>000 Sun 5heiter Replacements and Add�ions P-Q17 25,000 50,400 75,000 Tenn�8�Picide Ball Court Resurfaang P-018 15,000 15,000 15,000 15,Q00 15,000 T5,000 Re-Lamp Athletic Fietd arni Rink Lights(LED) P-023 25,000 18,000 18,000 18,000 18,000 97,000 WNdwaad Park Athlstic Field P-024 50,000 50,OOt? Department Project# 2019 2020 2021 2022 2023 Total .. -- Community Gardens P-025 30,000 30,080 �,� 0ff-Leash Pet Exerc,ise A�ea P-028 60,080 �� Dugout,Fence and Feiled Replacement P-027 55,00a 35,000 55,000 55,Obd 55,Od0 255,000 Scoreboard UpdatslReplacement P-028 25,000 25,000 25,000 75,OOQ Soft Fall Wood Fiber Replacement P-031 15,000 15,000 30,000 Sand Volleyball Courts P-032 15,000 15,000 30,004 Tennis Court L'ghts P-033 �3a��00 t50.0�Q Parks Total 358,000 358�000 35&,�d0 358,000 338�000 1,790,040 ._ _ ..-- - _ _..______.. ` rStorm Water ResidenUal Storm Sewer Improvements SS-09 85d,000 750,000 750,000 750,000 750,000 3,850,000 Brookview Golf Course-euffer Zone Implementation SS-92 50,000 50,000 f00,000 Picicup Truck{Stortn Water U�lity) SS-22 35,004 35,000 Storm Water Porid Qredging SS-23 300,000 3Qb,000 60Q,000 V-Box Spreader and AnG-Ice(tandem} SS-25 67,000 s7,000 V-Box Spreader ar�i An6-Ice(tandem) SS-28 67,000 57,000 Sidewalk Sweeper SS-27 2�,a� 20�� Flood Midgation SS-34 250,000 250,OOU 250,000 250,aao 250,000 1,2�,000 BobcatTaolcat SS-4f �� Zane Avenue&Lindsay St ReconstrucUon SS-46 335,d00 333,000 DeCola Ponds B and C SS-48 3,900,000 700,OQ0 4�� Medley Park Stom�water Treatment FaoUiry SS-49 220,a00 330,000 550,000 800 MHz Radi� SS-51 '4fl�� 40'� Stortn Sewer Repairs-ArtS4 and Oveday Program SS-53 150,000 150,000 150,000 150,OOQ 15d,000 750,000 Decola Pond F Diversion SS-54 1,604,000 620,400 3,480,000 5,708,000 Ja�alyn Pond Lift Station SS-58 125,000 Z25��0 Sidewalk Sweeper SS-59 2�°OOa 2a'Q00 Bassett C�eek Regianal Trail-Storm Sewer Repairs SS-60 50,000 �� Storm Water Total 5,365,000 2,287,000 2,800,000 2,880,Od0 5,082,000 i8,�f4,000 Streets - -- -- - -- ---- r PavementManagementPrag�am S-001 ,. 3,870,000 3,350,000 3,400,000 3,400,000 3,400,OOd 1T,420,000 Zane Ave.and Lindsay Street S-049 2,400,004 2�400�DQ0 Pavement Management Ovedays S-Oi3 500,000 504,000 500,000 504,404 500,0� 2,500,000 TH 100 PedeSt�ian Bridge Walk Maintenance S-014 200,000 2�� Flashing Yellow Arrows S-Q16 45,000 45,000 �� Municipai State A�(MSA)Street Maimenance S-0!7 125,000 125,000 125,000 125,OQ0 125,000 625,000 SVeet�ape and City Hall Camplex Renova�on S-01& 100,000 100,aoa 100,004 100,000 100,000 500,000 MSA Debt Servlce S-0�9 201,005 200,165 198,915 197,455 189,000 988,540 Sidewalks,T�aiis,8 Bike Facility Upg�ades 5-030 325,000 150,000 150,000 150,000 150,400 925,000 Xenia Avenue and Golden Hills Dr Improvements S-031 1,350,000 �� Auto CAD Application S-032 12,100 12,100 12,t00 12,100 12,100 60,500 Cartegraph Street Management Software S-034 20,000 20,000 20,000 20,000 80�� Retaining WaU Repairs S-036 100,000 100,000 140,000 100,000 140,000 500,000 Highway 55 West Redevelopment Project S-038 63,500 182,310 179,900 182,450 179,850 788,i40 Zenith Avanue ReconsUucGon S-041 1,500,OQ0 1�500�008 Reilroad Crossing Improvements S-042 25d,00b 2'`�� Pavement Surface Treatments 5-044 �� '� Streets Total 7,118,805 4,884,575 4,785,915 8,732,005 4,756,050 3Q275,150 Vehicles and Equipment y Marked Squad Cars(Poiicey V&E-001 80,000 80,000 120,000 120,000 120,000 520,Q00 Computers and Pdnters(Finance} Y&E-002 95,Q00 95,000 95,000 95,000 95,800 475,�0 Chipper(Street} V&E-006 35,000 35,000 Department Project# 2019 2020 2021 2022 2023 Total Pickup Ttuck{fnginearing} V&E-0OS 35,000 35,000 Passenger Vehicle(Fire) V8E-091 40,000 40,�0 Partable Computers(Police) V&E-020 50,004 50,040 Unmarked Police Vehicle{Police} V&E-024 40,UQ0 40,000 Pickup Truck(Pa�C) V&E-026 35,000 35,000 Dump Truck{Pa�k) V&E-029 80,000 80,000 Rotary Mower(Park) V8E-030 110,000 110,000 Skylift Man Lift(Park&Street V8E-033 40,040 40,OQ0 Crime Preventlon Vehicie(Palice) V&E-034 30,000 30,000 Utility TBctor(Parkj V8E-038 75,000 75,040 Pickup Truck(Engineering} V&E-044 35,000 35,000 Rescue Vehide(Fire} v8F-045 200,000 200,000 Pickup Truck(Park) V&E-04T 65,000 85,000 RotaryMower{Park) V8E-048 5d,Q00 50,000 Dump TruCk{Street) V&E-053 270,000 270,(�0 Pickup Trudc(Vehicle Maintenance) V&E-054 100,000 100,000 Pickup Truck(Street) V&E-063 40,000 40,000 Tandem Axle Dump Truck(Street) V8E-066 270,000 270,000 SidewalklMaintena�eFractor{Street) V&E-089 55,000 55,OOQ Pk�cup Truck(Park) V&E-100 50,000 50,Q00 Pfckup Trudc(Firej V8E-102 46,000 40,000 Polaris 6 X 6{Ftre) V&E-l06 15,000 a3�� Bobcat Utlliiy Truckster(Park) Y&F-107 55,000 4,500 4,500 4,500 4,500 73,OOQ Sfr�gie Axle Dump Truck(Street) V8E-108 230,000 230,000 Dump Truck(Street) V6E-i i0 230,04Q 230,000 Portable Message Sign Trailer V&E-115 25,000 25,�0 Bobcat Toolcat(Pa�C) V8E-116 4,500 4,500 4,500 4,500 4,500 22,500 Sidwatk Tractor{Street) V&E-i 18 160,000 160,000 Tasers(Police) Y&E-f29 16,Q00 ?8,000 808 MHz Radios(Public Works Maintenance) V&E-133 100.000 1�� Body Cameras(Police) V&E-f35 24,070 24,070 24,07Q 24,070 24,Q7Q 920,350 2odiac Boat(Fire) V&E-138 5,50Q 5,540 Outboard Motor(Fire) V&E-137 5,500 5,500 Passenger Vehicle{Fire) VBE-t 3& 40,000 40,000 Passenger Vehicle(Firej V&E-138 40,000 40,000 Ut�Ety T�ailer(Park} Y&F-140 5,500 5,500 Pickup Trudc(Park} V6E-t4f 35,000 35,000 Dump Truck{Park) V8E-142 $0,000 �� Trash Compactor(Park} V8E-143 6�•Q� �`�� Single Axle Dump Tn�ck(SVeety V&E-144 230,000 230,000 SkidSteerLoader(Street} V&E-f45 5,Q00 5,000 5,000 5,000 5,000 25,000 pump Truck{Streetj V&E-l46 80,004 80,�0 Police CommanderVeh�le{Police) V&E-147 54,000 �� SWAT Van(Pol'we} V8E-f48 100,000 �� Passenger Vehicle{Ftre) V6E-l52 40,000 40,000 Equipment Tra�er(Street) V&E-153 2�,000 2�.00a T�afflc Trailer(Police) V&E-154 38,a0a 30�000 TraDer(Stree� V&E-l55 5,000 5,000 Trailer{Fire) Y&E-958 5,O4U 5,000 Passenger Car(Police) V&E-158 40,000 40,000 Vehicles and Equipment Total 728,570 978,570 864,Q70 849,070 1,213,070 4,639,350 �ater&Sewer Systems � Sanitary Sewer&Water Line RepaiNRecon. W&SS-401 1,400.000 1,204,000 1,200,000 1,200,000 1,200,000 8,200,000 Hook Dump Truck W&SS-004 $Q,004 8Q,000 Pickup Truck WBSS-019 40,OU0 40,Q00 Department Project# 2019 2020 2021 2022 20?3 Total Pickup Truck W&SS-0!4 100,OOQ t�,�0 Pickup Truck W&SS-0i5 �5,800 T5,000 MHI and Overlay WaterlSewer Repairs W&SS-051 150,000 150,000 150,000 158,000 150,000 T50,000 Televisir�g and Electroscan Equfpment W&SS-053 150,OQ0 150,�0 Radio Meter Reading System wass-os� �oa,aoa �oa,000 soo,�o Vafve ReplacementlWatermain Lfning W&SS-066 100,000 100,000 20Q,000 Trector Laader Backhoe W&SS-070 160,004 180,000 f-394 ir�low/lr�flitratbn Project W&SS-074 250,000 250,000 250,004 75(1,OOQ Sewer Fiow Meters W6SS-076 35,000 35,000 70,000 Winnetka Ave U81iry Rehabilftation W&SS-077 550,000 550,000 Sanitary Sewer Lining UI Reduction W8SS-078 100,000 100,000 200,000 800 MHz Radios W85S-081 40,000 40,000 7.H,55 Lift Stat�n RelocaUon W&SS-083 500,000 500,000 Trenchless Request for InfortnaUon WBSS-088 `•�,�d8 �,� Complete Water Meter Replaceme� W�SS-Q87 100,000 100,040 1d0,004 300,000 Water&Sewer Systems Total 2,690,OOQ 1,765,Q00 2,25b,040 2,260TOQ0 2,050,OOQ 11,013,000 GRAND TOTAL 17,195,850 10,989,145 11,609,985 15,509,075 13,7Q9,120 89,0l3,173 �� , �:, � �;:, � � � � �� / � ' f1 �� 5'„�,�. � (z� i .�/ w t�' �l�.Gi� ¢ 1'�5 �� 3 p3 . �� na z ss �� r z�i� �',� � £ 3 �� `v;e«.s��f� .��.��7F � .�::-s.�'�`.... �.,�:. 3..:4�:.:!,..:..� ..,.:�-�� u.c L.2 .�7�'��.��z, �.< u:�� ..-..'M"� �"�.a' �,J;.:.s �;u:�� „�"'.- . �s�w.,.� � � ,� s1� � e t � e � ��-��-�o�s��-��-s�� Date: October 22, 2018 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Emily Goellner, Associate Planner/Grant Writer Subject: Overlay Zoning Districts Summary The Planning Commission has asked for help understanding the concepts behind overlay zoning districts in order to consider if and how they might be used in Golden Valley. Staff is providing three documents for the Commission to read and consider and will be open to having a discussion about this topic. Attachments Planning Implementation Tools—Overlay Zoning(4 pages) Making use of Overlay Zones (2 pages) City of Minneapolis Pedestrian Oriented Overlay District (9 pages) � � � / � / � � - � , • - � � � ro �� , _ ti�: �_ . � �- � , .� � . _ �� . � ��. .. � � .,— �_,�� ..� IIMw��"�'�," �!�Ilil A. �� I. ,, ,_:,.��,�,.`..w.. y � ytt1'-" � °G, ..: "'�C-"'�g..��- ° ..... � r. . ,. • .,-: „ � � C�,y � ., . �.. Centerfo��Land Use Education ��_u��s�,ccfu cnr 1<�� t�i:r_� rAorember 1005 � � � � � � Potential Uses Overlay zoning is a regulatory tool that creates a special zoning ♦ Create a walkable community, distriet, placed over an existing base zone(s),which identifies special connect pathways provisions in addition to those in the underlying base zone. (see Figure 1). The overlay district can share common boundaries with • Preserve/enhance a special district the base zone or cut across base zone boundaries. Regulations or incentives are attached to the overlay district to protect a speeific ♦ Encourage economic resource or guide development within a special area. development ♦ Preserve/enhance rural � � character Natzrral Resource PYotection ♦ Protect quality of surface water Overlay districts can manage development in or near environmentally � protect groundwater quality and sensitive areas, such as groundwater recharge areas(e.g. to ensure quantiry water quality and quantity), special habitat(e.g. species or feature protection) or$oodplains(e.g. prevent flood damage). Common • Manage stormwater requirements may include building setbacks, density standards, lot ♦ Preserve forestry integriry sizes, impervious surface reduction and vegetation requirements. ♦ Preserve sensitive area/wildlife Structure requirements could include building floor height minimums habitat and flood-proofing to high water level. ♦ Protect aesthetics of the natural environment Development Guidance � Overlay zones may also be applied to protect historical areas or • Preserve farmlands encourage or discourage specific types of development. Land within the historic overlay district may be subject to requirements that � protect the historical nature of the area(e.g. materials, fa�ade design, or color). A community might use incentives along a transit corridor to encourage higher development densities,target uses or control appearance. �. - � :�,;;� - _ ,. � ? �r 1- � � � r� ��: � �� .�' t - � a _� w� � ��:,�,� .�-'�� '- � -_� n_ _r � .-.- � , t� �+i� �>t= _ � - �- -�� _ �� e. . . �-' � '� �`` " �� h rgure L A wellhead protection �� • ��,�.�,;�� _ _ uverlcry has specia!provisions in �"` �-- �"�"""�'�� -�-'�� ' `�`- �� :�, � _ � uddition to the�•equirements ofthe base �_ �:. , .. „ .,A.,,,.. � _ __ . .-..._�,.. ,� , '�� ,� �� ` -�-. � rnunicipal zones in order to pirotect � '��', -� � � = nearbt�wells f•on�contaminants ' ' • CREATION Any governmental unit with the power to create zoning districts can create an overlay district. There are three basic steps to creating an overlay district: 1. Define the purpose of the district. The district should have a clearly defined purpose e.g. to protect drinking water,preserve historical character, minimize erosion from storm water runoff, etc. 2. Identify the areas that make up the district. Mapping district boundaries will depend on the natural or cultural resources and the geographic areas that relate to achieving the purpose of the district. For example, if the purpose of the zone is to protect groundwater, important groundwater recharge areas and areas prone to pollution, such as fractured bedrock or areas with a high groundwater table should be mapped.. 3. Develop specific rules that apply to the identified district. In « a groundwater recharge district for example, provisions may When reviewing a restrict development or require development guidelines that project of any size capture and filter water runoff.. in the overlay zone, lt 1S 1ri1pOPtarit t11at It is critical that the zoning provisions offer clear guidance to both the development be property owners and the governing body charged with approving proposals. Zoning requirements must be applied equally over all COriSlSterit riOt Ori1y properties within the district. The ordinance not only must comply Wlth tlle gOa1S arid with any state and federal regulations,but must also be consistent objeCtives of the OveTlay with the goals, objectives, and policies of the municipality's but with the long-term comprehensive plan. goals and strategies of It is important that the local governing body involve the public the OVeT111 munlClpal to clarify issues and explain the reasons behind mapping district comprehensive plan." boundaries. An educational program targeting developers and affected property owners will help increase awareness and compliance with the new requirements. The procedures for adopting an overlay district are the same as for adopting a zoning or rezoning provision. The overlay provisions as well as changes to the zoning map must be approved by the local governing body for adoption. ADM[NISTRATION Consideration of the overlay district standards can be incorporated into the eXisting subdivision or site plan review process for large-scale residential developments and most commercial development. Because smaller-scale development will often require only a building permit, it may be necessary to include provisions for a streamlined form of site plan review for these projects. This review could be administered by a municipal board or commission or by a zoning administrator or building inspector. Long-term compliance can be addressed in the existing procedures for current zoning compliance. Repo�t Ca�d: Ove�lay Zoning . . . . - -. -. . . - - .. Assuming a zoning ordinance currently exists, the cost to create the district should be similar to the potential cost to modify Athe existing ordinance. Little if any additional staff would be required to administer the new zoning provisions. - . � -. . - - . . .. - . -.. - .- -. . . .. Zoning provisions for the overlay zone in addition to base zoning rules may be confusing to the public without some geducation. �• a "6 � �• • • • � � •• PoliticQl willingness will depend upon the provisions within the ordinance. B . - . - . .- -.. . . . . . . -. - The tool can be perceived as fair if all properties within the zone are treated equally and the criteria for delineating the zone are gstraightforward and justified. � . . - - . . . - . ..- . - . . . - .. An overlay district can be integrated into the administration of the existing zoning ordinance. An additional process may need to gbe established for small projects needing only a building permit. Reviewer training will be needed. A well-written ordinance and clear boundaries will simplify compliance. - - .-.. .. - .. .- . - - -. The tool is most often implemented at a municipal or county scale. Municipal to wisconsin's shoreland zoning program is an example of statewide overlay zoning that is administered locally. Regional GRADING EXPLANATION A-Excellent C-Average F-Failing B-Above Average D-Below Average Comments and grades��ere derived from a Delphi process coaducted with practicing planners and educators in 200� � . . -� �' �`�" �� ' �� Town of Empire,Fond du Lac County � �� ,�;.,�� The Town of Empire, Fond du Lac County WI has developed a ,' , � �� Critical Areas Overlay(CAO) District that minimizes development '� �� in areas prone to unwanted soil erosion and groundwater Agricutture � � . � contamination, and on sites difficult to develop in a safe manner. � �� '�` ' It also reserves uni ue and valuable eolo ic and other natural ``7� � ��'�%i� _ _� P 9 g g� ` � ' � — A� resource features such as the Niagara Escarpment and woodland. Ridge Line � I OV@fl8y ��; Residential '°°n�� The ordinance specifies a ridgeline buffer, lists prohibited uses, ZOI12 '' Tr�nsihon �' t ; states grading restrictions for roads,requires vegetative screening of �,� � � buildings on the ridge, preserves existing vegetation and significant � ��-�'�"=' �;;,� ; '� rock outcroppings and limits impervious surface. � . � ��, „ �. ,/.� _ �,' _ „ � -- - _. �� `�� City of Green Bay � susiness_; �� `� �� i The City of Green Bay WI has an Urban Parking Overlay District _.; � � , ' '�� as part of its downtown redevelopment effort to encourage building � � ��`� ,��' �„d„��;a, reuse and infill. It allows structures to share parking areas and � � receive parking credit for available stalls within a given distance - �v� from a building.. , , niu—LruM�� ` ` 'i j 0 0.1 02 6.3 O.d 0.5 "��.� �. City of Oshkosh Fig�u•e 2. To�,�n o1�E»�pi,e o��e��la�� The City of Oshkosh WI has a Highway 41 Corridor Overlay which zoning example applies to lots abutting frontage roads adjacent to the highway. It regulates building architecture, orientation and setbacks as well as landscaping, signage, utilities,waste storage and driveways. FOR MORE INFORMATION Gravin, Elizabeth(Summer 2001). "Making Use of Overlay Zones". Planning Commissioners Journal, Issue 43, 16-17. Hoch, Charles J., Dalton, Linda S., & So Frank S.—editors, (2000). The Practice of Local Government Planning, 3rd edition. International City/County ManagementAssociation, Washington, D.C., pp 359-360. Pace University Land Use Law Center, White Plains,NY. Overlay Zoning, SERIES III: Innovative Tools and Techniques, Issue Number 2.Available at http://www.law.pace.edu/landuse/boverlay.html ACKNOWLEDGEMENTS Document prepared by Douglas Miskowiak and Linda Stoll, 2006. CLUE gratefully acknowledges all external reviewers. Design and layout by Robert Newby. Figure 1 and 2 developed by Douglas Miskowiak. Data for wellhead protection provided by Waupaca County Land Information Office and for the Town of Empire by East Central Wisconsin Regional Planning Commission. This document is part of CLUE's collaboration with the USDA,NRCS, GEM, and UWEX, entitled, "Partnership for Community Planning—Models for Land Use Education, Planning, and Management." � UniteO State� Drpartment oi Aqri<u�tur Cj ll)�JA1 . ...: e WV � E�roiroru�eerdnl v Natural Resources �,. � xrEns�on � ]�janngement o N RCS Conservation Service E � (:ume��or I..�n�l i„I.�u�e��„n � EI]UCATION CEUTEH �^"�"*^^"'�—.. PLANNING LAW PRIMER Making Use of Overlay Zones by Elizabeth A.Gnrvin,Esq. ,WHAT IS AN OVERLAY ZONE? areas,such as floodplains,wetlands,hill- would also be subject to the require- ' any communities are find- sides, and aquifers. Properties within a ments of the underlying zoning district floodplain overlay zone, for example, in which it is located. irig, with increasing frequency, would be subject to requirements A more recent,but increasingly pop- that traditional zoning through designed to minimize flood damage(e.g., ular, type of overlay zone deals with residential, commercial, and industrial minimum building elevations;use of cer- development along specified transit or districts is not sophisticated enough to tain building materials). These would be highway corridors.Provisions in a transit address complicated growth and devel- in addition to the requirements of[he corridor overlay,for e�tample,might seek opment issues.To fill this void,local gov- underlying zoning district in which the to encourage clustered development ernments are creating zoning approaches with increased density along a bus or � with increased flexibility, aimed at more ��`��`,F'�� €-'��'� � _' ° 3'�'��¢"-` '� � ��, �� ,_. light-rail corridor. The community �� I� �k�� _ specialized targets and intended to solve ��,4 �5 ;,.� v�y� would maintain the existing zoning, �;.,A,�, ,.f,. problems identified in their communiry. ��,\�, � � ':`', probably some variation of commercial, One of these tools is the overlay zone. �� , , ,"; and then overlay the transit corridor des- The overlay zone is,as the name tells � �, n z'; ,� ignation. This corridor might provide us,a special zone placed over an existing � ��; ��; density bonuses for clustered develop- zoning district, over part of a distric[, ar � �! _ £��; ment;have a su lemental use list;tar et over a combination of districts. Put � € � ; E Pp g another way, the overlay zone includes a �� 3 �ncentives such as [ax increment financ- , `�,-�� E E `°�, ing or public/private partnerships to set of regulations that is applied to prop- development within the corridor; and erry within the overlay zone in addition to properry is loca[ed (e.g., the underlying perhaps allow waivers from impact fee the requirements of the underlying or residential, commercial, or industrial payments. This approach is sometimes base zoning district. zoning district would likely include stan- referred to as an "optional requirement" The overlay typically provides �rds for density,lot size,and setbacks). y requirements (or incentives) intended overla zone,where the incentives are either to protect a specific resource or to Thus a home located within both a sin- optional to the developer. encourage development in certain areas. gle-family residential district and a flood- An overlay zone could also contain a Overlay zones allow for increased flexi- Plain overlay zone would need to meet combinarion of mandatory and optional the requirements of both. requirements, in a grouping determined bility in local zoning since they more b the local overnment to meet commu- closely tailor needed requirements (or Another very common rype of over- y S incentives)to areas within the communi- lay zone is designed for historic preserva- niry goals and policies. ty which share cercain characteristics. tion. This overlay would apply to An overlay zone is typically created to designated historic properties or to spe- address only one topic or a related group USES oF OVERLAY ZoNES cific areas(or streets)within the commu- of topics (e.g., hillside,steep slope,and Perhaps the most common use of nlry• erosion control). The overlay zone overlays zones is in dealing with devel- The his[oric overlay zone regulations should,however,be an enhancement to opment in environmentally sensitive might address issues such as building the existing zoning,not a complete alter- materials, colors, facade requirements, native. lf a community finds that it is and other items identified by the com- attempting to address multiple [opics The"overlay technique...appears to munity as important to maintain the his- within a single overlay or tha[there are have derived its name from being drawn toric nature of the structure or area.This muldple overlay districts within a certain on tracing,mylar,or other translucent approach is sometimes referred to as a area of the community,it may be time to paper which was then placed or'laid �°mandatory requirement" overlay,indi- explore changes to the underlying zon- over'the official zoning map...." cating that the restrictions identified in ing classifications. —Michael E.Lihcmati Fr John Martinez, the overlay are mandatory prerequisites Overlay districts are close in nature to Sands dY Libonad Local Government to development or redevelopment. Each planned unit developments,and indeed Law,Sec.76.07(1982). property within a historic preservation may include some of the incentive tech- overlay zone–as with any overlay zone– niques used in PUDs such as clustering PtANNING COMMISSiONERS JOURNAL / NUMBER 43 / SUMMER 200i � ��E x , �\`k �............::":'s` and density bonuses, but overlay dis- local plan(s) being implemented by the � H�� tricts can be recognized by their subject overlay zone. �`. pv¢rlay Zones —the thing that was the reason for the Applicability. This should include \ creation of the overlay district(e.g.,hill- identification of where the overlay zone A growing numbez of com- side protection,airport over flight). will apply,the underlying zones that will T�uniues are adopting o�erlay zones along major roadway corridors:These overlays be affected, and the rypes of develop- " set out addirional re uirernents(e. set- ' AUTHORII'Y FOR ESTABLISHING a g�� OVERLAY ZONES ment subject to the overlay zone. backs;tandscaping}for properaes vs�ithin While most state zoning enabling Definitions. Any specific or unique the designated corridors.The statement of: laws do not mention overlay zones, terms used within the overlay should be purposes far the Ra]eigh,North CarpTina hundreds of municipalities across the defined either in the overlay zone text or ' highwaq over]ay district reflects[he typical in the definition section of the zoning goals of this lund af overlay: country include overlay zones in their "The`Specia�Highway Overlay District�l zonin ordinances. There is also little ordinance. g Permit/Procedural/Approval Require- �intended to protect and preserve the case law involving overlay zones.This is natural'scenic beaury alang d�signated ments. If there will be additional permit- not surprising,given that overlay zoning �� maacrr access cc�rridorsxnd specified prin- ` has much in common with conditional ting, certificate, or procedural �ipal arterials which are lo�ated nc�w or requirements, they should be identified �ll be consuucted within this Overlay use (special permit) zoning provisions, or cross-referenced, alon with submis- which specify additional requirements g I3isixict.Maintaining the attractiveness of sion requiremen[s. If there will be an ��e roadway corridars will enhance the which certain uses must satisfy to obtain intermediate review body, such as a economic value of the carnmuz�iry by ; a zoning permit. lndeed, a New York design review board or environmental encouraging towrism and trade.I1iis Over- court,in upholding a village's establish- commission, their role should also be ` lay District is estahlished alsa for the pur-> ment of a preservation overlay zone �dentified. pose raf; noted that "this case is not unlike the Use Lists. Changes to the underlying •1�'otecting the public investmentin power of municipal bodies to deny a Zoning district(s)use list(s) (as of right, �d lengthening the ame during which special permit to a legislatively autho- accessory,conditional or special use per- highways can continue to serve their£tznc- rized use which is subject to the addi- mit)must be identified. �n�s without expansion or relocation by tional requirement oF a special permit." expediting the free flow of traffic and Overlay Criteria. The substantive �d��ing che kxazar�ls a��ng f�rm unne�c�� Zartman v. Reisem, 399 NYS 2d 509 requirements of the overlay zone. This �I.�,pQints of ingress and egress and (1977). In researching this article, I might indude bulk regularions,site lay- ; cluttered roacl:side de�elopment; ` found only one major court case,in Ari- out, design review, mapping, signage, .Reduung the costs af fucure highway , zona, striking down an overlay zone architecture,parking,requirements for expansiansbyrequiringthatbuildingsand Jachimeh v City of Phoenix,819 P.2d 487 incentives and/or bonuses,and all other struccures be suffieiendy set back from the (Ariz. 1991). inforxnation necessary to meet the com- right-of-way ta provide adequate'storage " As always,however, it makes sense munity's goals for the overlay. far vehicles unal they can safely enter the' to have your city or town attorney highway; SUMMING UP: .Reserving adequace rt�adside sgace advise you on your own state's legal re uirements and ensure that whatever through which neighborhood traffic may q Overlay zones are a useful and b��zted to and frum the highway sys- overlay zones you are developing would increasingly common tool employed by tetn in a rnanner that avoids undue traffic withstand any legal challenge. communides attempting [o direct plan- concentrations,sudden tumings and sfop- As with any zoning regulation, an ning and land use controls at specific pings,and other hazards;and overlay zone must be adopted according problems or issues.They should be care- .Achieving'a common unified'appear- to state and local notice requirements fully drafted to ensure that they reach ance along aroadway with orher jurisdio- and subject to required public hearings. planning and policy goals and are not ��i5�f the caunty...."' simply another layer of general zoning BASIC CONTENTS regulation.♦ OF AN OVERLAY ZONE Some of the basic items that are key Eliznbeth A.Garvin,Esq.,A1CP,is an attor- ney and planner wi[h HNTB in Kansas City,Mis- to a useful overlay zone include: souri. She has worhed with numerous Putpose Statement (Itttent). This pro- ��mmunities on revisions to their Iand develop- vision identifies the subject of the over- ment ordinnnces.Garvin holds both a Inw degree lay, the objectives of the zone, and if and a master's in urban planning from the Univer- available,some of the background infor- sity of Kansas. She co-authored(with Mnrtin mation that led to creation of the zone. Leitner) "An Introduction to Subdivision Regula- It should also include reference to any tion"in Issues 5 and 6 of the PCJ 1992). PLANNING COMMISSIONERS JOURNAL / NUMBER 43 1 SiIMMER �Q01 �� '�� ;I...� ARTICLE II.- PO PEDESTRIAN ORIENTED OVERLAY DISTRICT 551.60. -Purpose. The PO Pedestrian Oriented Overlay District is established to preserve and encourage the pedestrian character of commercial areas and to promote street life and activity by regulating building orientation and design and accessory parking facilities, and by prohibiting certain high impact and autornobile-oriented uses. 551.70.- Established boundaries. The boundaries of the PO Overlay District shall be the areas shown on the official zoning map. 551.80.- Eligible areas outside of established boundaries. Any person having a legal or equitable interest in property located outside of the esta.blished boundaries may file a petition to request the addition of the PO Overlay District classification in the manner provided for zoning amendments in Chapter 525, Administration and Enforcement. The following criteria sha11 be considered when designating a PO Overlay District: (1) The level of pedestrian interest and activity. (2) The variety of retail sales and services activities. (3} The extent to which properties have limited or no front setbacks. (4) The availability of public transit service in the area. 551.90.-Prohibited uses. The following uses shall be prohibited in the PO Overlay District: (1) Drive-through facilities. (2) Automobile services uses. (3) Transportation uses. 551.100.- Fast food restaurants. Fast food restaurants shall be located only in storefront buildings existing on the effective date of this ordinance, provided fixrther that no significant changes shall be made to the exterior of the structure and freestanding signs shall be prohibited. 551.110.-Building placement. The placement of buildings shall reinforce the street wall, maximize natural surveillance and visibility, and facilitate pedestrian access and circulation. The first floor of buildings shall be located not more than eight (8) feet from the front lot line, except where a greater yard is required by this zoning ordinance. In the case of a corner lot,the building wall abutting each street shall be located not more than eight(8) feet from the lot line, except where a greater yard is required by this zoning ordinance. The area between the building and the lot line shall include amenities such as landscaping, tables and seating. Buildings shall be oriented so that at least one (1) principal entrance faces the public street rather than the interior of the site. 551.120.- Building fa�ade. (a) Window a�ea. At least forty (40)percent of the first floor farade of any nonresidential use that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into and out of the building at eye level. Windows shall be distributed in a more or less even manner. Minimum window area shall be measured between the height of two (2) feet and ten (10) feet above the finished level of the first floor. The bottom of any window used to satisfy the ground floor window requirement for nonresidential uses may not be more than two (2) feet above the adjacent grade. (b) Awnings and canopies. Awnings and canopies are encouraged in order to provide protection for pedestrians and shall be placed to emphasize individual uses and entrances. Backlit awnings and canopies shall be prohibited. (2009-Or-057, § 1, 7-17-09; Ord. No. 2016-081 , § 3, 11-18-2016) 551.130.- Prohibited on-premise signs. The following on-premise signs shall be prohibited in the PO Overlay District: (1) Pole signs. (2) Backlit awning and canopy signs. (3) Backlit insertable panel projecting signs. (2009-Or-057, § 2, 7-17-09) 551.140. -Accessory parking. (a)Location. On-site accessory parking facilities shall be located to the rear or interior side of the site, within the principal building served, or entirely below grade. (b) Dimensions. Parking lots shall be limited to not more than forty (40)feet of street frontage, excluding any required landscaping and screening. (c) Shared parking. The development of shared parking is encouraged, subject to the provisions of Chapter 541, Off-Street Parking and Loading. (d) Off-site parking. When off-site parking is allowed as specified in Chapter 541, Off-Street Parking and Loading, parking may be located an additional five hundred (500) feet from the use served, subject to the requirements of Chapter 541, Off-Street Parking and Loading, governing the location of off-site parking. (e) Minimum and maximum number of accessory parking spaces. The minimum off-street parking requirement for nonresidential uses shall be seventy-five (75) percent of the minimum requirement specified in Chapter 541, Off-Street Parking and Loading. The maximum off-street parking allowance for nonresidential uses shall be seventy-five (75) percent of the maximum allowed as specified in Chapter 541, Off-Street Parking and Loading, provided that a development with one (1) or more nonresidential uses shall not be restricted to fewer than ten (10) total accessory parking spaces on a zoning lot. (fl Bicyc/e parking. Nonresidential uses required to provide bicycle parking by Chapter 541, Off-Street Parking and Loading, shall provide a minimum of four (4) bicycle parking spaces or one (1) space per two thousand (2,000) square feet of gross floor area, whichever is greater. (2009-Or-003, § 1, 1-9-2009; 2013-Or-253, § 1, 12-13-2013; Ord. No. 2016-081 , § 4(1), 11-18- 2016) 551.145.-West Broadway area. The following additional regulations shall govern development within the PO Overlay District along West Broadway Avenue between the Mississippi River and the western city limits, as shown on the official zoning map: (1) Minimum f/oor area. New development in Commercial, OR2 and OR3, and Industrial districts shall be subject to a minimum floor area ratio of one (1.0). Individual phases of a phased development may be less than this minimum, provided the entire development meets the minimum requirement. This requirement shall not apply to the expansion of buildings existing on the effective date of this section. (2) Minimum number of floors. Buildings that front on West Broadway shall be two (2) or more floors for the length of the West Broadway frontage. (2009-Or-067, § 2, 8-14-09) 551.150.- Hennepin, Lyndale, Lagoon,and Lake area. The following additional regulations shall govern development within the contiguous PO Overlay District along Hennepin Avenue, Lyndale Avenue South, Lagoon Avenue, and Lake Street, as shown on the official zoning map: (1) Prohibited uses. Principal parking lots shall be prohibited. (2) Automobile repair, minor. Nofinrithstanding the general provisions of the pedestrian oriented overlay district, minor automobile repair is allowed as a conditional use provided the following conditions are met: a. The use is allowed in the primary zoning district. b. All vehicle and material storage occurs entirely within the building or is located entirely to the rear of the principal structure and is not visible from the public street. c. Vehicle access doors shall not face Hennepin Avenue, Lyndale Avenue South, Lagoon Avenue or Lake Street. (3) Building p/acement Notwithstanding the provisions of Chapter 547, Office Residence Districts and Chapter 548, Commercial Districts, minimum front yard requirements shall not apply, and the first floor of buildings shall be located not more than eight(8)feet from the front lot line. (4) Building entrance. On a corner lot, an operational principal entrance shall be located no more than twenty-five (25) feet from the location where the property lines intersect at the street corner. For a single-tenant building on a corner lot or when a single tenant occupies the entire ground floor on a corner lot, the corner entrance shall be the main entry, meaning the most prominent in size and architectural expression, and any other public entrance shall be subservient to the main entrance in those terms. (5) Building alteration. The alteration of an existing building shall not result in a reduction of the existing number of stories. (6) Building bulk requirements. a. New development in Commercial districts, Industrial districts, the ORZ High Density Office Residence District, and the OR3 Institutional Office Residence District shall be subject to a minimum floor area ratio of one (1.0). Individual phases of a phased development may be less than this minimum, provided the entire development meets the minimum requirement. b. Buildings shall be a minimum of two (2) full floors in height. For purposes of this provision, a mezzanine shall not count as a floor. This requirement does not apply to the expansion of buildings existing on the effective date of this ordinance. (7) Density bonuses. Notwithstanding the provisions of Chapter 546, Residence Districts, Chapter 547, Office Residence Districts and Chapter 548, Commercial Districts, all new development is eligible for the following bonuses: a. Bonus for enclosed parking. The maximum floor area ratio may be increased by twenty-five (25) percent if all parking is provided within the building, entirely below grade, or in a parking garage of at least two (2) levels. b. Bonus for mixed use buildings. The maximum floor area ratio may be increased by twenty- five (25) percent where residential, office or hotel uses are located above a ground floor in which at least fifty (50) percent of the gross floor area is devoted to commercial uses. c. Bonus for affordable housing. The maximum floor area ratio of new cluster developments and new multiple-family dwellings of five (5) units or more may be increased by twenty-five (25) percent if at least twenty (20) percent of the dwelling units meet the definition of affordable housing. (8) Building height. Notwithstanding the provisions of section 548.230, the maximum height of principal structures located in the C1 Neighborhood Commercial District shall be four(4) stories or fifty-six (56) feet, whichever is less. (9) Off-street parking. Nonresidential uses shall not be required to provide accessory off-street parking facilities. (10} Vehicular access. On a corner lot, curb cuts are prohibited along Hennepin Avenue, Lagoon Avenue, Lyndale Avenue South, and Lake Street. Where a corner lot is adjacent to two (2) of the streets listed above, a curb cut may be allowed. (11) Pedestrian-scaled lighting. Buildings shall contain pedestrian scaled e�erior lighting on all street-facing elevations. Said lighting shall be mounted on the first story, evenly spaced and directed in a manner that illuminates the ground plane. (2009-Or-003, § 2, 1-9-2009; Ord. No. 2016-081 , § 4(2), 11-18-2016) Editor's note—Ord. No. 2016-081 , § 4(2), adopted Nov. 18, 2016, retitled the catchline of§ 551.150 from "Lake and Hennepin area" to read as herein set out. 551.155.- Nicollet Franklin area. The following additional regulations shall govern development within the PO Overlay District along Nicollet Avenue from 14th Street on the north to the Midtown GreenwaylHennepin County Regional Railroad Authority right-of-way on the south, and generally from the alley to the east to the alley on west unless otherwise shown; Franklin Avenue between LaSalle Avenue and I35W; and 26th Street between Nicollet Avenue and the alley between Stevens Avenue and 2nd Avenue S., as shown on the official zoning map: (1) Travel demand management p/an. All development containing more than ten thousand (10,000) square feet of new or additional commercial gross floor area or more than seventy-five (75) residential units, shall include a travel demand management plan (TDM) that addresses the transportation impacts of the development on air quality, parking and roadway infrastructure. The planning director, in consultation with the city engineer, shall conduct the administrative review of the TDM. The planning director shall recommend to the zoning administrator any mitigating measures deemed reasonably necessary, who shall include such recommendation as a condition of the issuance of any building permit, zoning certificate or other approval required by this zoning ordinance or other applicable law. All findings and decisions of the planning director shall be final, subject to appeal to the city planning commission, as specified in Chapter 525, Administration and Enforcement. (2) Building alteration or replacement. The alteration of an existing building shall not result in a reduction of the existing number of stories (e.g., a two-story building shall not be reduced to a one-story building or be replaced by less than a two-story building). (3) Minimum floor area. New development in Commercial, OR2 and OR3, and Industrial districts shall be subject to a minimum floor area ratio requirement of one (1.0). Individual phases of a phased development may be less than this minimum, provided the entire development meets the minimum requirement. This requirement shall not apply to the expansion of buildings existing on the effective date of this section. (4) Corner cuts. New development on the corner of two (2) street rights-of way shall have a setback at the sidewalk level on the corner of the building. This setback shall be no less than two (2) feet and no greater than eight(8)feet from the corner of the property. (5) Linear frontage of one (1) use. No single commercial use in one (1) building shall extend along more than one hundred twenty(120) linear feet of the first floor fa�ade fronting any street. (6) Prohibited uses. Principal parking lots shall be prohibited in the Nicollet Franklin area. (7) Off-street parking. Nonresidential uses shall not be required to provide accessory off-street parking facilities. (8) Bicyc/e parking. Nonresidential uses required to provide bicycle parking by Chapter 541, Off- Street Parking and Loading, shall provide a minimum of four (4) bicycle parking spaces or one (1) space per two thousand (2,000) square feet of gross floor area, whichever is greater. Public bicycle parking spaces may contribute to compliance with required bicycle parking when located adjacent to the property in question. (9) Off-site parking. Notwithstanding any other provision to the contrary, off-site parking serving nonresidential uses in the Nicollet Franklin area may be located in any commercial or downtown district and may be located in the residence and office residence districts. In the residence and office residence districts the off-site parking area shall be accessory to an institutional or public use and shall be existing on May 1, 2013. (10) Vehicu/ar access. Curb cuts for vehicles shall be consolidated wherever possible. In the case of a corner lot, curb cuts shall be discouraged along Nicollet Avenue. (11) Site plan review requirements. The minimum landscaping requirement for all uses subject to site plan review under Chapter 530, Site Plan Review, shall be increased to not less than thirty (30) percent of the site not occupied by buildings. The city planning commission may approve exceptions to this requirement upon finding that the proposal will allow a site plan of exceptional design that includes amenities such as public seating, public art, green walls, an outdoor plaza or transit shelter, that will enhance the area or that is more consistent with the character of the area or where the planning commission finds that strict adherence to the requirements is impractical because of site location or conditions. (12) Off-street parking dimensions. Parking lots shall be limited to not more than forty (40) feet of street frontage, excluding any required landscaping or screening. (2009-Or-003, § 3, 1-9-2009; 2013-Or-037, § 1, 3-29-2013) 551.160.-Dinkytown area. The following additional regulations shall govern development within the PO Overlay District in and around the intersection of Fourth Street Southeast and Fourteenth Avenue Southeast, as shown on the official zoning map: (1) Off-sfreet parking. Nonresidential uses shall not be required to provide accessory off-street parking facilities. The minimum off-street parking requirement for multiple-family dwellings shall be seventy (70) percent of the number specified in the UA University Area Overlay District. (2009-Or-003, § 4, 1-9-2009; 2014-Or-090, § 1, 10-17-2014) 551.165. -Stadium Village area. The following additional regulations shall govern development within the PO Overlay District in and around the intersection of Washington Avenue Southeast and Oak Street Southeast, west of Huron Boulevard, as shown on the official zoning map: (1) Off-street parking. Nonresidential uses shall not be required to provide accessory off-street parking facilities. (2007-Or-072, § 1, 9-21-07; 2009-Or-003, §§ 5, 6, 1-9-2009) 551.170.-Central and Lowry area. The following additional regulations shall govern development within the PO Overlay District in and around the intersection of Central Avenue Northeast and Lowry Avenue Northeast, as shown on the official zoning map: (1) Minimum floor area. New development shall be subject to a minimum floor area ratio requirement of one (1.0). Individual phases of a phased development may be less than this minimum, provided the entire development meets the minimum requirement. This requirement shall not apply to the expansion of buildings existing on the effective date of this section. (2002-Or-089, § 1, 8-23-02; 2004-Or-088, § 1, 8-6-04; Ord. No. 2016-067 , § 3, 9-23-2016) 551.175.-Linden Hills area. (a) The following additional regulations shall govern development within the PO Overlay District within the commercial areas at the intersections of 43rd Street and Upton,44th Street and Beard, and 44th Street and France and the multiple family residence districts along 44th Street West between Upton and Xe�es Avenues and between Chowen and France Avenues, and along France Avenue between 45th Street West and 46th Street West as shown on the official zoning map: (1) Off-site parking. Notwithstanding any other provision to the contrary, off-site parking serving nonresidential uses in the Linden Hills area may be located in any commercial district and may be located in the residence and office residence districts. in the residence and ofFce residence districts the off-site parking area shall be accessory to an institutional or public use and shall be existing on the effective day of this ordinance. (2) Fourth story step back. The fourth story of any commercial building or multiple-family dwelling, and any story above the fourth, shall be stepped back ten (10) feet from any building wall that faces a public street. (3) Commercial buildings and multiple-family dwe/lings abutting residence districts. a. The top floor of a building of three (3) or more stories shall be stepped back not less than ten (10) feet from any building wall below it abutting R1, R1A, R2 or R26 zoned property, or the entire building of three (3) or more stories shall be set back not less than ten (10) feet from the applicable interior side or rear yard setback required from abutting R1, R1A, R2 or R2B zoned property. b. A continuous screen not less than three (3) feet or more than six (6) feet in height shall be provided between any commercial building or multiple-family dwelling and abutting R1, R1A, R2 or R2B zoned property. Required screening shall be at least ninety-five (95) percent opaque throughout the year and shall be satisfied by a hedge, decorative fence, or masonry wall. (2005-Or-006, § 1, 1-14-05; 2005-Or-062, § l, 7-22-05; 2007-Or-038, § 1, 6-15-07; 2009-Or- 003, § 7, 1-9-2009; 2011-Or-120, § 1, 1Z-9-2011; 2012-Or-029, § 1, 4-13-2012; 2014-Or-090, § 2, 10-17-2014; 2015-Or-062 , § l, 7-10-2015; Ord. No. 2016-023 , § 2, 3-18-2016) Editor's note—Ord. No. 2016-023 , § 2, adopted March 18, 2016, amended § 551.175 in its entirety to read as herein set out, including retitling the catchline from "Transit Station areas" to "Linden Hills area." 551.180. -Transit station areas. (a) The following additional regulations shall govern development within PO Overlay Districts in and around the following existing or proposed transit stations, as shown on the official zoning maps: Cedar-Riverside LRT Station Franklin Avenue LRT Station Lake Street/Midtown LRT Station 38th Street LRT Station 46th Street LRT Station 50th Street/Minnehaha Park LRT Station VA Medical Center LRT Station West Bank LRT Station Stadium Village LRT Station Prospect Park LRT Station (1) Prohibited uses. The following uses shall be prohibited in the PO Overlay District: a. Self-service storage. b. Commercial parking lots, including the expansion of any existing commercial parking lot. c. The conversion of any accessory parking lot to a commercial parking lot. (2) Wholesaling, warehousing and distribufion; furniture moving and storage. Uses shall be limited to thirty thousand (30,000) square feet of gross floor area. (3) Density bonuses. Where the primary zoning district or Industrial Living Overlay District provide a density bonus of twenty(20) percent, such bonus shall be thirty (30) percent. (4) Minimum f/oor area. New development shall be subject to a minimum floor area ratio requirement, as specified in Table 551-0, Transit Station Area Minimum Floor Area Ratio Requirements. Individual phases of a phased development may be less than this minimum, provided the entire development meets the minimum requirement. This requirement shall not apply to the expansion of buildings existing on the effective date of this section. Table 551-0 Transit Station Area Minimum Floor Area Ratio Requirements _.. �._ �...,....�__ ..� .�_ .. .�. �. m_ ..m _.� �:. .�_ _. �.. ....�._. .,.._..... .�_.......��. . .._. ��._ ..� <} Minimum FAR Transit Station Area ; , } __ ' Commercial,OR2 and OR3 ;Industrial ; Residence and OR1 j Districts ` Districts ? Districts ; ; � _ ,........ � _. _..... . � _... __. .... _ ___..._ _.� �_� __._ , �_ Cedar-Riverside 1.0 1.0 � none � ' _...,._.. .,w.. �_..... _... �_w,. �., .....�... �._,.._.._ _.___..�, M...._ � �. _ �... __. __........ ._.�. _ Franklin Avenue � 1.0 1.0 � none � # � ; _ ...._� .��. ....... _...., _ ...�.,.. ._ ,_..�.. ....._ ......_, _.__ Lake Street/Midtown ' 1.0 1.0 �; none � ; _........ _ .._ _. ....__��. . ._ ....... ._ . _. ... �_.... __... . . __... _�u,...._. ; ..� _� ..... #..�_....,, _._ .._�. ,..._�., ...__w,... 38th Street � 1.0 1.0 ' none �_. � ��.� � � _ ...... . ._ __ _... ....... �.__,_... _ __ - 46th Street � 1.0 1.0 � none 1 . __._ __..._�... _.� . __.... .w...��... _.� . _.,.... �.,� __ . ��.. _ ; 50th Street/Minnehaha 1.0 1.0 � none Park � ' _ ...... ,. _. .._.. ._..... � ,�_... ._ ��__._. .�.... . _ �.�._. __ _,_. _T_ ..' _.... � . _v _� _.__ . _�_.�. VA Medical Center 1.0 1A � ^ none ; , , ;, ; � ; i .�. .._.......� -..:...�.. -...: West Bank � 1.0 1.0 none � � , � � �r___� __ _� .._ ....._ .�_��_ �__.._.� _��..� � ��.. _...�.�..�__.._ . � ___ __.��... �_�_...�.._ �.....,.,. . Stadium Village 1.0 1.0 ! none � .._ ...___�� ___ ......... _ �.., _._ __ ��... .. ___ _ .,._. ... ___�... �.. .. . _ .� Prospect Park 1.0 1.0 � none i i a (5) Off-street parking. a. Mu/tiple-family dwellings. The minimum off-street parking requirement for multiple-family dwellings in close proximity to frequent transit service may be reduced as authorized by Chapter 541, Off-Street Parking and Loading, except in the following transit station areas, where the minimum off-street parking requirement for multiple-family dwellings shall be seventy (70) percent of the number specified in the UA University Area Overlay District: Cedar-Riverside, West Bank, Stadium Village, and Prospect Park. ( Ord. No. 2016-023 , § 3, 3-18-2016) Editor's note—Ord. No. 2016-023 , § 3, adopted March 18, 2016, amended § 551.180 in its entirety to read as herein set out, including retitling the catchline from "Purpose" to "Transit station areas."