11-26-18 PC Agenda AGENDA
Planning Commission
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, November 26, 2018
7 pm
1. Approval of Minutes
November 13, 2018, Regular Planning Commission Meeting
2. Informal Public Hearing —Zoning Map Amendment—5530 Golden Valley
Road —Watermark Senior Living —Z011-18
Applicant: Watermark Senior Living Community of Golden Valley, LLC
Address: 5530 Golden Valley Road
Purpose: To rezone the property from Commercial to Single Family Residential
(R-1).
3. Informal Public Hearing — Lot Consolidation — 5530-5540 Golden Valley Road
and 1530 Welcome Avenue North — SU11-10
Applicant: Watermark Senior Living Community of Golden Valley, LLC
Address: 5530-5540 Golden Valley Road and 1530 Welcome Avenue North
Purpose: To consolidate three lots into one lot
4. Informal Public Hearing — Conditional Use Permit—5530-5540 Golden Valley
Road and 1530 Welcome Avenue North — CU-'162
Applicant: Watermark Enhanced Care Suites of Golden Valley
Address: 5530-5540 Golden Valley Road and 1530 Welcome Avenue North
Purpose: To allow a Residential Facility serving 25 people in the Single Family
(R-1) Zoning District
5. Informal Public Hearing — Minor Subdivision —4400 Sunset Ridge — SU09-15
Applicant: STR8 Modern Properties, LLC
Address: 4400 Sunset Ridge
Purpose: To reconfigure the existing single family residential lots into two
new single family residential lots
6. Continued Informal Public Hearing — 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.
7. Informal Public Hearing —Zoning Code Text Amendment— Business and
Professional Offices Zoning District Amendments —ZO00-118
Applicant: City of Golden Valley
Purpose: To consider ways to update and modernize the uses allowed in the
Business and Professional Office Zoning District
--Short Recess--
8. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
9. Other Business
• Council Liaison Report
10. Adjournment
``. This document is available in alternate formats upon a 72-hc�ar requ�st.Please��II
7b3-593-80Db(Tfl':763-593-3968j to make a request. Examples of aiterna�e formats
may inc(ude large print,elecfronic,�raille,auciiocassette,etc.
Regular Meeting of the
Golden Valley Planning Commission
November 13, 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 Tuesday,
November 13, 2018. Chair Baker called the meeting to order at 7:02 pm.
Those present were Planning Commissioners Angell, Baker, Blum, Brookins, Johnson,
and Segelbaum. Also present were Planning Manager Jason Zimmerman, Associate
Planner/Grant Writer Emily Goellner, and Administrative Assistant Lisa Wittman.
Commissioner Pockl was absent.
1. Approval of Minutes
October 22, 2018, Regular Planning Commission Meeting
MOVED by Johnson, seconded by Blum and mofiic�n carried unanimously to approve the
October 22, 2018, minutes as submitted.
2. Informal Public Hearing — Lot Consolidation — 132t? Fairlawn Way— Nelson
Addition — SU10-10
Applicant: Sathre-Bergquist, Inc.
Address: 1320 Fairlawn Way
Purpose: To combine two existing parcels of land.
Goellner explained the applicant's proposal to consolidate a parcel of excess land from
MnDOT highway construGtic�n that is too small to be buildable and the property at 1320
Fairlawn Way int� one single family lot. She referred to aerial photos and drawings of the
property artd explained that the lot meets the requirements of the Zoning Code and the eight
conditions far ap�rvval or denial listed in the City Code.
Baker asked how often the City gives excess land to property owners. Goellner said it
doesn't happen often and that there are only a few parcels of land that have been turned
back ta the City from highway construction.
Segelbaum asked if the property would now be considered a corner lot. Goellner said yes
and explained that the front setback of 35 feet would now apply to the north property line
along Wayzata Blvd. and to the east property line along Fairlawn Way. She added that the
existing shed is located a little too close to the new north properiy line, but it is
grandfathered in and that the lot itself ineets all of the Zoning Code requirements.
Blum said he realizes this benefits the City as we will no longer have to maintain the
property and asked there are any other benefits. Goellner stated that the land would
become taxable.
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 2
Johnson noted that when MnDOT acquired the lot it was larger and there was a home on it.
Goellner agreed and stated that the home was removed for highway development.
Angell asked if the homeowner at 1320 Fairlawn Way contacted the City about obtaining the
remnant parcel. Goellner said she wasn't sure how the process started but that the
homeowner has done the survey and the title work.
Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker
closed the public hearing.
Segelbaum said the findings seem valid and that the proposal seerns tci meet the '.
requirements for a lot consolidation.
MOVED by Blum, seconded by Segelbaum and motion carried unanimously to recommend
approval of the proposed Lot Consolidation of 1320 Fairlawn Way artd the remnant parcel
to the north subject to the following condition:
1. The City Attorney shall determine if a title review is necessary prior to approval of the
Final Plat. A Certificate of Title or Abstract of Title must �e submitted to the City Attorney
prior to the approval of Final Plat.
3. Informal Public Hearing — Conditionai Use Permit— 1109 Zane Avenue North —
CU-163
Applicant: Shapco Printing, Inc.
Address: 1109 Z�ne Avenue North
Purpose: T� allow for surface lot storage of automobile sales inventory in the
Light Industrial Zoning District.
Zimmerman explained the applicant's proposal to use the parking lot across the street
to the west of 1109 Zane Avenue North for surFace lot storage of automobile sales
inventory. He stated that a similar use by a different dealership has occurred at this
loca�ion in the recent past and that changes have been made to the Zoning Code which
make this type of use a Conditional Use, so City review and approval is now required.
He added that there is a deed restriction on this parking lot that limits the use of the
property that will be removed.
Segelbaum asked if the removal of the deed restriction is a part of this Conditional Use
Permit process. Zimmerman said no, it is a separate process that will occur
simultaneously.
Zimmerman described the existing conditions which includes: 226 parking stalls, a
stormwater pond to the south, trees and vegetation which provides screening to
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 3
abutting properties, and six light poles. He added that the most recent use of the
parking lot was for inventory storage by LWther Auto and that the restrictive deed dating
to 1973 prohibits use of the property for anything other than employee parking for 1109
Zane Avenue and requires a 60 foot "greenbelt" to the east.
Zimmerman explained that the proposed use would be to use the 171 easternmost
parking spaces for inventory storage by Morrie's and the 55 westernmost spaces for
employees of Shapco. Also, the applicant has asked for flexibility in the ratio of storage
to employee parking.
Zimmerman discussed the parking requirements and stated that the mirtimum number
of parking spaces required for the manufacturing and warehouse uses at`Shapco is 134
spaces. He explained that the 171 proposed inventory spaces would le�ve 118 spaces
for employee parking which is a 16 space deficit. Zimmerman explained that staff didn't
calculate the exact amount of manufacturing space versus warehou�e spa�e inside the
building, but he is comfortable with the proposed parkin� space counts because there
doesn't seem to be a great parking demand.
Zimmerman referred to the lighting on the site and stated fihat the existing lighting may
be nonconforming, but legal if the applicant dQesn't make a�y changes. However, this
Conditional Use Permit request allows the City�c� require cQnformance with newer
lighting requirements.
Zimmerman discussed some of the other impacts including screening and noise. He
stated that the screening of vegetation along the eastern edge of the parking should be
maintained and is consistent with the deed restriction. In regard to noise, the hours of
operation should be limited to 7 am to`10 pm, which is consistent with other City
restrictions and that deliveries of vehicles should be limited to individual trips, as
opposed to mass transport.
Zimmerman stated that staff is recommending approval of the proposed Conditional
Use Permit with the conditions listed in the staff report.
Segelbaum noted fhaf the City had recently contemplated different screening
requirements arrd asked`if the screening on this properiy falls under those new
requirements. Zirnmerman stated that the recently amended screening requirements
mostly concentrated on R-1 properties but that visual impact, especially to residential
propertie�, is sc�mething that can be considered with this Conditional Use Permit
proposal.
Baker said he recalls there being some concern about security on these types of
parking lots used for dealership inventory. Zimmerman stated that Morrie's is hesitant to
completely enclose the parking lot. He added that he has reached out to the Police
Department staff to see if they have concems, but has not heard back from them yet.
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 4
Segelbaum asked if a Conditional Use Permit is needed because the applicant doesn't
own the property. Zimmerman stated that a Conditional Use Permit is required for this
use in the Light Industrial and Industrial Zoning District no matter who owns the
property.
Baker asked Zimmerman to clarify the parking requirements. Zimmerman explained that
there are 226 parking spaces total. 134 spaces are required for the manufacturing and
warehouse uses at Shapco. 171 spaces are proposed to be used for inventory storage
which would leave 118 spaces for employee parking and a 16 space deficit. �aker
asked how many parking spaces are located across the street with the Shapco building.
Zimmerman stated there are 63 spaces in that parking lot. Baker said he is concerned
about employees parking on the street if there aren't enough parking spaces.
Zimmerman stated that staff had the same concern but the evit�ence caver the last few
years shows there hasn't been an issue with any cars being parked c�n the street.
Blum asked if the property was in compliance when thi� lot was used fvr�nventory
storage in the past. Zimmerman said the Zoning Code was nat clear about inventory
storage. He noted that the inventory storage occurring on this praperly led to
discussions regarding storage and dealership inuentory parking in the City. He added
that there is also the deed restriction that needs to be dealt with in order to continue to
store dealership vehicles at this property.
� Joel Shapiro, Applicant, said they allaw for.an extra 'l� or 20 parking spaces that they
don't allow dealerships to use in case they need them. He added that they have never
had to park any cars on the street.
Baker asked about the maximum number of inventory storage cars they've allowed.
Shapiro stated that they have n�ver had more than 100 inventory cars on that lot and
that they have never used trucks or transports to deliver the inventory storage.
Baker asked abvut the nurnber of employees. Shapiro said they have 115-120
employees but they,have three shifts. The day shift uses the most number of parking
spaces and mastly uses�he parking lot near the building and approximately 30 spaces
in the p�rking lot across tf�e street. Baker suggested reserving 45 spaces in the parking
lot across the street just to play it safe. Shapiro stated that Luther stored inventory there
for f4ur years and they never had any issues.
Segelbaum asked where customers park. Shapiro stated that they park in the lot near
the building. Saker asked about the maximum number of customers. Shapiro stated that
customers come and go and that there may be two or three at once. Shapiro added that
when the parking was empty his evening employees had to shoo away people soliciting
sex so he doesn't think it had a greater or better purpose when it was an empty parking
lot. Zimmerman added that the parking lot used to store scrap metal which was not
looked upon well by the neighboring properiy owners.
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 5
Segelbaum noted that the proposed conditions talk about storing inventory vehicles only
and that he wants there to be an understanding that equipment, trailers, boats, etc.
should not be stored in this parking lot. Shapiro agreed that they would never store
anything other than passenger vehicles.
Baker opened the public hearing.
Ann Bennion, 1125 Welcome Circle, said she was involved in 1973 when the parking lot
property was connected to Shapco by the deed. She said it is alarming that the deed
restriction will now be removed. Baker noted that the Planning Commission is �tot
involved in the deed. Zimmerman stated that the deed has a restriction which limits
what can occur on the property. He explained that the City is praposing to remov� the
deed restriction and put a similar restriction in the Conditional U�e Permit instead.
Bennion stated that if the deed restriction is removed someor�e coul� ask for a different
� Conditional Use Permit to use the parking lot for another use. Segelbaum rtt�ted that the
parking lot would be subject to land use regulations and zoning restric�i�ns just like all
other properties in the City. Blum added that removal of the deed restriction is not
happening at this meeting. Bennion reiterated that she is eoncerned about how the
property will be used. She said she doesn't want it to be used as a storage area for
other things, or for it to become a junkyard. Baker stated that there will be a condition of
approval that will create a very narrow use of fhis sife for dealership inventory storage
only. Bennion noted that the Police Deparkment has said that they've had very few
problems at this property.
Blum asked Bennion what she is able to see through the buffer of trees and vegetation.
Bennion stated that initially she wanfed a 60 foot buffer and that the property owner was
asleed to put in a berm with screening which helps. She said in the summertime she
doesn't see much. She can see light, but-she can't see the cars. She said she knows
that some of the neighbors like the lighting.
Seeing and hearing no one els� wishing to comment, Baker closed the public hearing.
Baker referred to th� �onditions of approval and asked if"inventory vehicles" is defined.
Segelbaum suggesfied saying automobile dealership inventory. Zimmerman noted that
the Zoning Code says automobile sales inventory.
Baker referred to the condition of approval that states the maximum number of spaces
permitted for inventory storage shall be limited to 200 and questioned if that is too
generous. He suggested 175 or 176 spaces instead. Segelbaum noted that the required
amount of parking spaces is 134. Brookins said he doesn't see a need for the City to put
a strong number on the amount of inventory storage spaces because it is up to the
owner of Shapco to make it work for his business. He noted that the parking counts
given are not exact and there is some office space in the building as well so he is very
comfortable with what staff has proposed. He said his only hesitation is that the
Conditional Use Permit follows the land. He said he is concerned about removing the
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 6
deed restriction if by removing it makes the parking lot buildable for something else. He
added that the neighborhood would also be concerned about that.
Baker asked the Commissioners if they have any concerns about the casual nature of
the dealership and land owner agreement regarding a flexible number of vehicles and
parking spaces. Brookins said no, he thinks it's a great use, the relationship works well,
and it is in the owner's best interest to allow flexibility.
Blum referred to the finding regarding the generation of odors, dust, smoke, gas, or
vibration. He said he doesn't think they can deny this Conditional Use Rermit proposal,
but it isn't accurate to say that the proposed use is not anticipated to generate odc�rs,
dust, smoke, gas, or vibrations and suggested the wording be changed to state that the
proposed use will generate an acceptable amount of those things.
Segelbaum agreed with Blum about his proposed re-wording �nd said he thinks the
proposed use is reasonable. He said he thinks it is im�artant to consicler cars parking
on the street, but the applicant and staff have said that has not been an issue so the
proposed use seems appropriate.
Blum said he thinks it would be appropriate tp require that the lighting on the site be
brought into conformance with the current fighting regulations and suggested that be
made a condition of approval. Angell noted that condition'number six in the staff report
states that site lighting must comply with a11 re�uirements of the City Code. Blum said
he would like it clarified that the existing lighfing isn't grandfathered in and that the site
will be brought into conformance with the'current City Code. Brookins questioned if that
applies to both properties on either�ide of Zane Ave. Zimmerman stated that the focus
area is the parking lot on the east side af Zane Ave.
Baker summarized the propasetl modifications to the conditions and findings as follows:
1. The first condition shoutd be modified to state that storage is authorized for"auto"
inventory vehicles onl�r.
2. The second con�ition should be modified to state that the maximum number of
spac�:s permitted fc�r storage shall be limited to 176 rather than 200.
3. The s�}cth condition should be modified to state that the site lighting must comply with
the requirements in the City Code "without benefit of any legally non-conforming
us�."
4. Finding number eight should be changed to state that the proposed use is not
anticipated to generate "excessive" odors, dust, smoke, gas, or vibrations.
Johnson said he is comfortable with allowing storage for 200 vehicles as recommended.
Baker stated that if the applicant needs more parking spaces for inventory storage they
can come back to the City and ask to amend their Conditional Use Permit.
Minutes of the Golden Valley Planning Commission >
November 13, 2018
Page 7
Brookins stated that "automobile" storage might be vague and questioned how a 1-ton
truck might fit into that definition. Johnson suggested saying "car/light truck." Segelbaum
agreed that it would be good to clarify what would be allowed.
Brookins questioned if the age of the vehicles should be considered. Zimmerman noted
that there needs to be an explanation of the impact they are trying to mitigate. Angell
added that language regarding the age of the vehicles would be hard to enforce.
MOVED by Johnson, seconded by Brookins and motion carried unanimc�usly to
recommend approval of Conditional Use Permit#163 subject to the following �ndings
and conditions:
Findin s
1. Demonstrated Need for the Proposed Use: Standard met. The previous use of the
site, as well as staff conversations with local auto dealerships, suggest there is a
constant need for additional inventory storage in the City.
2. Consistency with the Comprehensive Plan: Standard met. The proposed use is
not inconsistent with the Light Industrial designation [n the Comprehensive Plan,
which includes such uses as packaging and processirtg, light assembly and
manufacturing, offices and showrooms, �nd warehousing.
3. Effect on Property Values: Standard me�, Given the previous use of the site for
inventory storage, there is no anticipated impact of'the proposed use on property
values in the area.
4. Effect on Traffic: Standard �onditi�nally met. If delivery and pick-up of vehicles is
limited to individual trips on and off fihe site, and large transport vehicles are
prohibited, the proposed use is not anticipated to negatively affect traffic flow and
congestion in the area. Zane Avenue has the capacity to accommodate the minor
increase in traffic thaf is likely to occur.
5. Effect of Increases in Population and Density: Standard met. Due to the nature of
the proposed use (storage), �here are no anticipated increases in population or
density.
6. Mixed Income Housing Policy: Not applicable.
7. Increas� in Noise Levels: Standard conditionally met. If the hours of operation are
restricted to thc�s� consistent with other activities listed in the City Code, the
proposed use is not anticipated to generate noise levels that would impact
surrounding properties.
8. Impact of Dust, Odor, or Vibration: Standard met. The proposed use is not
anticipated to generate excessive odors, dust, smoke, gas, or vibrations.
9. Impact of Pests: Standard met. The proposed use is not anticipated to attract pests.
10. Visual Impact: Standard conditionally met. Maintenance of the vegetated buffer to
the east of the parking lot will ensure that the visual impact of the inventory storage
is mitigated to the benefit of the adjacent single-family properties.
11. Other Impacts to the City and Residents: Standard met. The proposed use is not
anticipated to have any other impacts on the surrounding area.
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 8
Conditions
1. Storage is authorized for automobile and light truck dealership sales inventory only
and shall not extend to other vehicles or equipment.
2. The maximum number of spaces for permitted for inventory storage shall be limited
to 176.
3. Vehicle deliveries or loading shall not take place on Zane Avenue or within the
parking Iot. Inventory vehicles must be delivered or loaded elsewhere and driven to
and from the site individually.
4. Hours of operation shall be limited to 7 am to 10 pm, Monday throu�h Saturday.
5. Vegetative screening must be maintained in a strip 60 feet wide alr�ng the e�stern
property line as a visual buffer for the adjacent single-family homes.
6. Site lighting must comply with all requirements of the City Code without benefrt of
any legally non-conforming use.
7. This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
4. Informal Public Hearing — 2040 Comprehensive Rlan Update
Applicant: City of Golden Valley
Purpose: Final review of 2040 Com�rehensive Plan Update
Zimmerman noted that the City has sper�t the last finro and half years updating its
Comprehensive Plan. He stated``that staff'has r�ceived approximately 50 comments and
has made some final adjustments based on those comments. He explained that the plan
has nine chapters and a number of appendices and that a welcome statement and a
vision statement have been added and that the plan is now ready for the public hearing
portion of the process.
Baker stated that he f�kes the incfusion of the vision statement. Segelbaum commended
staff on their har� work. Johnson agreed and stated that in the welcome statement the
words imrnigration s�atus are vague and that if the Council wants to make a bold
statem��t th�y�should say it.
Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker
clos�d the public hearing.
MOVED by Johnson, seconded by Blum and motion carried unanimously to recommend
approval of the adoption of the 2040 Comprehensive Plan Update.
5. Discussion — Business and Professional Offices Zoning District
Goellner stated that there is an opportunity to modernize the existing code language for
the Business and Professional Offices Zoning District. She explained that staff is
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 9
proposing to add tech uses, healthcare uses, considering removing the catch-all provision
for uses not listed, updating the name of the district, and rewriting the purpose statement.
Goellner explained that the proposed new language keeps offices and class 1 essential
services as permitted uses. It would keep adult day care centers, child care centers,
daytime activity centers or facilities providing school and or training for disabled people,
limited retail services, and permitted and conditional uses in buildings exceeding three
stories in height as conditional uses. She stated that the proposed new language
proposes to move financial institutions from a conditional use to a permitted use when no
drive-through is present, it would keep heliports as a conditional use but the wards
"accessory to a professional office building"would be added. It wotaid rno�re recreational
facilities from a conditional use to a permitted accessory use and it would at�d medical,
dental, or optical clinics as a permitted use and medical, dental, or research antl '
development laboratories as a conditional use. Lastly, the propos�d name af the district
would be changed to Office instead of Business and Professianal OfFices,
Blum said he thinks the suggested changes are goad. He refierred.:to the language
regarding financial institutions and suggested restricting pawn shaps because they don't
fit the common understanding of financial institutions. Zimmerman noted that generally if
a use is not listed as a permitted or conditional use it is a prahibited use.
Brookins questioned if check cashing facilities should be listed. Blum said he has
reservations about allowing uses that take advantage of people. Brookins stated that
"financial institutions" is vague and questioned if that includes mortgage companies, etc.
He asked if pawn shops are allowed in other zan;ing districts. Baker suggested using the
word "banks" instead of"financial ins#itutions" and noted that the City encourages low
income housing and that they may need payday loan facilities. Brookins said he just
wants to be clear about where these types of uses can operate. Goellner noted that other
cities use "bank, credit union, or other financial institutions." Segelbaum suggested further
study regarding which t�rm to u�e, Johnson said he wants to make sure both sides are
considered and that if� campany has a legal right to function they should be able to.
Johnson ref+�rred to language regarding recreational facilities and said he thinks it is a
good idea to remove'the listed examples, but suggested there be a definition of
recreation�l facilities. He added that he thinks changing the title is a good idea.
Segelbaum asked if this language applies to home occupations. Zimmerman said no,
home occupations are permitted in the R-1 Single Family Zoning District and this
proposed amendment is just in regard to the Business and Professional Offices district.
Goellner noted that several cities allow hospitals as a conditional use in their office
districts. Baker asked where hospitals are currently allowed. Goellner stated they are
allowed in the Institutional Zoning District.
Segelbaum asked about surgical centers. Goellner said it would depend if the patients
stay avernight. Baker asked if the clinic definition is clear.
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 10
Segelbaum referred to the language regarding the handling of goods in the purpose
statement and questioned if a sales office would be permitted. Goellner noted that staff is
going to be creating a comprehensive list in the future of all of the uses allowed in all of
the zoning districts. She added that this item will come back to the next Planning
Commission meeting for a public hearing.
--Short Recess--
6. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No reports were given.
7. Other Business
• Council Liaison Report
No report was given.
8. Adjournment
The meeting was adjourned at 8:58 pm.
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
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�;� lanning Department
763-593-8095/763-593-8109(fax)
Date: November 26, 2018
To: Golden Valley Planning Commission
From: Emily Goellner, Associate Planner/Grant Writer
Subject: Informal Public Hearing—Zoning Map Amendment—5530 Golden Valley Road
_
Summary
Watermark Enhanced Care Suites of Golden Valley, represented by Todd Ofsthun of TCO Design, is
requesting that the property at 5530 Golden Valley Road be rezoned from Commercial to Single-
Family Residential (R-1).The property is bounded by Single-Family Residential zoning to the north
and west, Business and Professional Office zoning to the south, and Hwy 100 to the east. It has
been vacant since late 2015 when Peaceful Valley Montessori Academy relocated to another
property in Golden Valley.
It has been the intention of staff to rezone this property to Single-Family Residential early in 2019
as part of the implementation process for the 2040 Comprehensive Plan.The 2040 Comprehensive
Plan is expected to be adopted by the City Council in December 2018. The existing Comprehensive
Plan, also called the 2030 Comprehensive Plan, already guides this property for Low Density
Residential use.
In order to accelerate the timeline for potential redevelopment of this property, Watermark has
requested the rezoning be considered now. A proposal for a 25-unit Residential Facility for assisted
living, memory care, and transitional care has been submitted for this property as well as the
properties at 1530 Welcome Avenue and 5540 Golden Valley Road. Separate approvals of a lot
consolidation and Conditional Use Permit are needed. �
A neighborhood meeting was hosted by the applicant on November 15, 2018,to discuss the project.
Approximately 12 people attended. Comments from attendees were focused on the impacts of the
proposed building rather than the rezoning of this property to R-1.
Recommendation
Staff recommends approval of amending the Zoning Map to rezone the property at 5530 Golden
Valley Road from Commercial to Single-Family Residential.
1
Attachments
Location Map (1 page)
Applicant Narrative (3 pages)
Official Zoning Map (1 page)
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Office 763-424-3676 ceil 952-994-8276
todd@tcodesign.net
August 20,2018
Re: Conditional Use Permrt Application,
Zoning Map Amendments and General
Land Use Map Amendment Applications
5530 Golden Valley Road,
5540 Golden Valley Road,and
1530 Welcome Avenue North
Goiden Valley, MN 55422
City of Golden Valley
Planning Department
7800 Golden Valley Road
Golden Valley, MN 55427
WATERMARK SENIOR LIVING COMMUNITY OF GOLDEN VALLEY, LLC — Project
Narrative
Background
WaterMark Senior Living Community of Golden Valley, LLC discovered the three properties and determined it would be a
nice quiet location for their next building.The proposed project is an assisted living and transitional care facility with
approximately 24,000 SF containing 25 senior and transitional care units.The proposed structure will be two and a half
stories.
The project will use 5540 Golden Valley Road,1530 Welcome Ave N and 5530 Golden Valley Road. 5540 Golden Valley
Road and 1530 Welcome Ave N currently have houses on them and 5530 Golden Valley Road currently has a
commercial building on it. The properties have Welcome Avenue North to the West, Golden Valley Road#o the South and
Lilac Drive North to the East.The new facility will be accessed with a curb cut from Lilac Drive North.
There are several advantages to a residential care facility for this neighborhood. It is important to the owner and operators
that this facility is well maintained and run. All aspects of site and building maintenance uvill be kept to high standards. The
families and groups associated with Comprehensive Care have high standards for this type of facility and for their
patients.They are caring family members, medical professionals or business professionals.These types of facilities are
quiet and low key.There will be no large and loud parties or gatherings. Its 24 hour a day security will be a nice buffer
from the busy Highway 100 area.
The maximum number of employees when the facility is full will be 11.This is the number of employees required by the
management company to provide the patients with meals, personal hygiene, housekeeping and any other patient needs in
compliance with the State for this type of facility and care. Building and exterior maintenance will be out sourced. There is
plenty of on-site snow storage space. The City requires 5 off street parking spaces for this type of facility with this number
of beds.We are providing 19 off street spaces.All deliveries will be at the front of the building off Lilac Drive North, away
from the residential neighborhood.
The group that makes up WaterMark Senior Living Community of Golden Valley, LLC completed a building in Fridley in
2017. The 28-unit building is currently full. The new building will be a similar facility. The Golden Valley facility will have
larger rooms, more amenities and more generous gathering areas. Please see attached picture of the Fridley Facility for
reference.
3
Factors of evaluation
1. All cities have demonstrated a need for assisted living and memory care facility. New facilities fill quickly. There is
a study showing a need for 46 units in this area of Golden Valley.
2. A small assisted living and memory care facility in a Low-Density neighborhood is consistent with the
Comprehensive Plan of the City by providing a needed service while fitting with existing available City utilities in
this road and a busy Highway service road (Lilac Drive North).
3. The new building and lots will have a value of$1,500,000-$1,900,000 when fiinished compared to current property
valuss of$275,000-$325,000 in the area.
4. This type of facility will have minimum impact on traffic flowr and congestion. None of the residents will have
vehicles. The number of car trips will be comparable to a single-family duplex. Lilac Drive North is adequate to
support such traffic.
5. Because the residents stay mostly on site or organized day trips, there will be minimal effect on surrounding land
uses. The staff will also pertorm their duties on site and will have a positive effect by patronizing local businesses.
6. The proposed use may be difficult to categorize within the City's Mixed Income Housing Policy. If is not a private
facility and therefore, is available to Resident's regardless of income.The proposed facility is not a market rate
residential rental development. It is designed for residents requiring 24-hour medical care and does nof include
any units designed fior independent living.
7. The proposed facility will not increase noise levels over the allowed uses for this neighborhood. The facility will
have more activity than the usual Low Density use in the mornings during the week but will be quieter in the
evenings and weekends compared to typical homes. No large parties or gatherings.
8. The proposed use does not generate unusual odors, dust, smoke, gas, or vibrations.
9. The proposed facility will not increase flies, rats, or other vermin in the area. It will likely be less than the average
area land use by having a high level of maintenance by professionals.
10. The proposed building will use exterior materials consistent with current residential construction. We will use a
nice balance of manufactured stone and `LP SmartSide'. The siding will vary using a combination of textures and
colors. Other architectural features such as decorative vents and brackets will be used to add visual interest. The
roof will be finished vuith `shake look'architectural asphalt shingles.
11. The proposed facility will be highly maintained. It will have 24 hour a day security and will be taken care of
residents in need of their seroices. Because of this, this proposed facility will have a positive effect upon the
general public health, safety, and welfare of the City and its residents.
Zonina and Land llse
5540 Golden Valley Road and 1530 Welcome Ave N are currently guided and zoned Single-Family R-1 Residential. 5530
Golden Valley Road is currently guided and zoned Commercial.WaterMark Senior Living Community of Golden Valley,
LLC would like to re-guide and re-zone 5530 Golden Valley Road to Low Density R-1 Residential. The R-1 zoning for the
other two properfiies fit with the Conditional Use Permit application and will not need rezoning or re-guiding. The
combination of the fihree properties will result in a unified property totaling approximately 0.92 acres.
The Comprehensive Care Facility will be the sole principal structure on the properiy.�4 conditional use permit vvill be
required to allow the 25-unit assisted living use on the R-1 zoning. The City will also require us to go through a re-platting
application in order to combine the three properties into one.
�uildina
The proposed building will consist of two and a half floors of assisted senior living and transitional care units. There will be 7
care units on the main floor along vvith a generous gathering space that also includes a malt shop, library, chapel and
theatre.The lower level and half story floors will have 9 care units along with a small gathering area on each floor.There will
be a total of 25 care units.An elevator will be provided in the main entry.
The residents will get assisted living care, memory care and transitional care.Transitional care being patients that need
24-hour care, but do not qualify to stay in a hospital or have family or friends that can give them that level of care.
Examples vvould be post-op, pre-op, dialysis, bariatrics, respirator, etc.Transitional care residents are quiet and static.
Memory care patients are not allowed to wander outside of the facility without being accompanied by a care team
member. The facility will operate under the Minnesota state Cornprehensive Care License.
1
The proposed building wrill use exterior maferials consistent with current residential construction.We will use a nice balance
of manufactured stone and`LP SmartSide'.The siding will be vary using a combination of te�ctures and colors. Ofher
architectural features such as decorative vents and brackets will be used to add visual interest.The roof will be finished wifih
`shake look'architectural asphalt shingles.
Site
The overall site is approximately 0.92 acres and the area to be disturbed for the proposed project is roughly 0.5 acres.
The site is designed to meet R-1 zoning standards. Setbacks for the property are per the table below.
Building Setback Pavement Setback
Required Proposed Required Proposed
Front/Lilac Drive 35 Feet 35 Feet 0 Feet 16 Feet
ROW
Street Side Yard/ 35 Feet 35 Feet 0 Feet 22 Feef
Golden Valley
Road
Rear Street Yard/ 35 Fe2t 35 Feet 0 Feet N/A
Welcome Avenue
North
Side Yard North 25 Feet 25 Feet
Access and Parking
Site access is provided with a curb cut off Lilac Drive North.The curb cut will be as far North as reasonable with grade
considerations. This will keep the access a good distance from the intersection of Lilac Drive and Golden Valley North.
Parking has been provided to serve the proposed building that exceeds City Code with 19 exterior surface stalls.An
accessible stall is provided in front of the building with a curb cut ramp providing access to the main concrete sidewalk.
The stalls are 9'x18.5'and adjacent to either a concrete sidewalk or landscape areas to account for bumper overhang.
The drive aisle is 24' in width.An emergency vehicle tum-around was not perceived to be necessary since the building
and property is surrounded by three public streets.
Landscapinq and Tree Presecvation
Landscaping is designed to provide site character and blend into the surrounding existing tree canopy. We plan to
preserve existing trees that fall outside of the grading limits and provide 4-0 tall fence and earth berm scr2ening from
abutting residential properties. The project will have a proposed planting schedule which provides ample landscaping and
screening for the site. A landscape plan will be provided prior to building permit issuance with approval from city Staff.
The types(species) of new trees and minimum size specified will meet the City ordinance and approval of the Staff.
Grading, Drainaqe, Utilities and Stormwater l"reatment
Proposed site grades, drive aisles, parking areas, utilities and stormr�ater treatment are addressed by our civil Engine2r in
the preliminary civil documents provided.
VNaterinark Developmenfi Schedule
September,2018-Application to the City of C�Iders Valley
F�11,201�-Building Permit Application
Fall,2018-�egin Construction
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763-593-8095!763-593-8109{fax)
Date: November 26, 2018
To: Golden Valley Planning Commission
From: Emily Goellner, Associate Planner/Grant Writer
Subject: Informal Public Hearing on Preliminary Plan for Lot Consolidation —5530, 5540
Golden Valley Road, 1530 Welcome Avenue North
�......___..�_ �_,,..._.. .% �,z���.�����1�;�._..__� � �,,, . , ,,,, .x�� .._...F .._..�.� �� �n�_ ...�����. „w���
Summary of Request
An application to consolidate three lots into one lot was submitted by the property owner of 5530
Golden Valley Road, 5540 Golden Valley Road, and 1530 Welcome Avenue. The property owner,
Casco Ventures, LLC, is represented by Todd Ofsthun of TCO Design. The application includes a survey
and preliminary plat showing the proposed lot consolidation (see attached).The existing structures
would be demolished in order to build a Residential Facility that meets R-1 zoning requirements. All
three lots are guided for Low Density Residential use in the Comprehensive Plan. The properties at
1530 Welcome Ave and 5540 Golden Valley Road are zoned for Single Family Residential (R-1) use.
The property at 5530 Golden Valley Road is zoned for Commercial use, but is expected to be zoned R-
1 in 2019 as the 2040 Comprehensive Plan is implemented. The applicant has applied for a Zoning
Map Amendment to zone 5530 Golden Valley Road from Commercial to R-1 Residential in an effort to
begin construction in 2019 before the City is expected to initiate the rezoning process. A Conditional
Use Permit application has also been submitted for a 25-unit Residential Facility for assisted living and
memory care.
Staff Review
The subject properties are bordered by single-family neighborhoods to the north, west, and south. An
office building is located to the south and Hwy 100 is located to the east.The existing Iots are
accessed from Welcome Avenue, Golden Valley Road, and Lilac Drive. The layout of the proposed lot
consolidation would create a single 39,563 square foot lot.The proposed lot exceeds the minimum lot
size required for an R-1 parcel of 10,000 square feet. City Code requires that a corner lot have a
minimum of 100 feet of width at the front setback line (35 feet) and maintain 100 feet of width for 70
feet of depth.The proposed consolidated lot meets the lot width requirements. The dimensions of
the combined lot would provide a sufficient building envelope for development.
1
The property at 1530 Welcome Avenue is compliant with the City's Inflow and Infiltration
requirements. A deposit has been collected for 5530 and 5540 Golden Valley Road.The applicant is
proposing to remove the existing sanitary sewer services on the three existing lots and replace with a
single sanitary sewer connection. Upon completion,the new service must be inspected for
compliance.
As required by the City Code, a tree inventory was performed in order to document all existing trees.
This inventory will be reviewed by the City Forester and used to calculate any required tree
replacement when the new lot is developed.
Neighborhood Meeting
A neighborhood meeting was hosted by the applicant on November 15, 2018,to discuss the project.
Comments from attendees were focused on the impacts of the proposed building rather than the
proposed Iot combination.
Evaluation
According to Section 109-121 of the City Code,the following are the regulations governing approval
of minor subdivisions:
Factar/�inding ,
1. A minor subdivision shall be denied if the proposed lots do not meet the minimum area
and dimensional requirements for the Zoning District in which they are located, or if vehicular
access is not provided frc�m an abutting improved street.
Standard met. The proposed combined lot meets the requirements of the Single Family
Residential (R-1) Zoning District. Vehicular access is available from three abutting streets.The
applicant is proposing to access the site from Lilac Drive North. Engineering staff supports the
location of this access.
2. A minor subdivision may be denied upon the City's determination that a resulting new lot
is encumbered by steep slopes or excessive wetness.
Standard met. The proposed lot is buildable.
3.A minor subdivision may be denied if sewer and water connections are not directly
accessible by each proposed lot.
Standard met. Sewer and water connections are available. Staff anticipates the development
will not place an undue strain on City utility systems. Due to the minor increase in sewer flows
expected from the development,the applicant may be required to post an escrow to fund the
City's evaluation of the sewer system in the vicinity of this development to ensure that flows
can be accommodated without negative impacts to the system.
4.Approval shall be conditioned on the granting of easements for necessary public purposes.
2
Standard met. Drainage and utility easements are required along all property lines. The
preliminary plat submitted by the applicant appears to meet this requirement. However,the
oversized easement containing the infiltration basin should be removed from the plat as the
basin will be privately owned and maintained.
5.Approval may be conditioned on the requirements of outside public agencies with
jurisdiction.
Standard conditionally met. The proposed development is adjacent to State Highway 100 and
therefore is subject to the review and comments of the Minnesota Department of
Transportation.
6.Approval shall be conditioned on the resolution of any title issues raised by the City
Attorney.
Standard conditionally met. The City Attorney will determine if such a title review is necessary
prior to approval of the final plat.
7. Minor subdivisions of nonr`esidential parcels may be denied if new development wiit cause
undo strain on adjacent roads or on public utilities or will adversely affect adjacent uses.
Not applicable.
8.Approval shall be conditioned on the payment of a park dedication fee, sewer and water
access charge, and pending or levied deferred assessments.
Standard conditionally met. A park dedication fee of$15,180 would be required prior to release
of the final plat. Sewer and water access charges would be calculated and collected at the time
of permitting.
9.The conditions spelled out shall provide the only basis for denial of a minor subdivision.
Approval will be granted to any application that meets the established conditions.
Standard met.
Recommended Action
Based on the findings above, staff recommends approval of the proposed lot consolidation at 5530
and 5540 Golden Valley Road and 1530 Welcome 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$15,180 shall be paid before release of the final plat.
3. The proposed development is adjacent to State Highway 100 and therefore is subject to the
review and comments of the Minnesota Department of Transportation.
Attachments:
Location Map (1 page)
Preliminary Plat submitted November 6, 2018 (1 page)
3
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�Ta. �� Planning Department
763 593 8095/763 593 8109(fax)
Date: November 26, 2018
To: Golden Valley Planning Commission
From: Emily Goellner, Associate Planner/Grant Writer
Subject: Informal Public Hearing—Conditional Use Permit (CUP-162)to Allow for a
Residential Facility serving up to 25 persons at 5530 Golden Valley Road, 5540
Golden Valley Road, and 1530 Welcome Avenue North
Property addresses: 1530 Welcome Ave, 5530 Golden Valley Road, 5540 Golden Valley Road
Zoning District: R-1 (1530 Welcome Ave, 5530 GV Road), Commercial (5530 GV Road)
Current use: 2 homes (1530 Welcome Ave, 5530 GV Road), 1 vacant business (5530 GV Road)
Future land use: Single-family residential (all parcels)
Adjacent uses: Single-family residential, office, Hwy 100
.f�.... v'"r" k�'b= . �t �` �' !� i i
,���� � '��� ��� `��� � �:� °�, �� �� ° � Applicant: Watermark
• •, �� � r'';' s: Enhanced Care Suites of
�� '� �� "� � �� ��� � 1
�
��. �.� ., �� .i,, �v � . , , Golden Valley
�52r� " ��6� � _��� � �,
�` ��� � " �' ; Authorized
��5 , ' ��� � �� �-� _; � �; '°'�� �` „ '_' '� ; Representative:Todd
.;� w�� i;2s ' ° t
r � 4� � %ro r ' '��. � Ofsthun,TCO Design
w
: , -
I 5��+�> ��.. , � a � �
. � :
� � „ " ��
E� � � �.' �� .:� _� � % '�°'01 Property owner: Casco
�
. ' ��'� i :� � ,;:��. ��,;;,� Ventures, LLC (all parcels)
� �"� ' ' "'`
�14.'��4 , "'�'��*"'' �,4i; ,�y ��:
� �`�'' � " � .��� ��� � ��� � Lot size: 39,563 sq. ft. (3
..'a' �'�`�� ,���'�'�,; � ,;'.
�
�, ��"� � � ' � - � , lots combined)
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2015 aerial photo(Hennepin CountyJ ��� ;•� �4�5 ' �; � � � ��
1
Summary
Watermark Enhanced Care Suites of Golden Valley, represented by Todd Ofsthun of TCO Design, is
proposing to locate a residential facility with assisted living, memory care, and transitional care for
25 individuals in a new building at 5530 Golden Valley Road, 5540 Golden Valley Road, and 1530
Welcome Avenue North.The applicant has also applied for approval to rezone 5530 Golden Valley
Road from Commercial to Single-Family Residential (R-1) and for approval to consolidate the three
lots into one.The other two properties in the proposal, 5540 Golden Valley Road and 1530
Welcome Avenue North, are zoned Single-Family Residential.The layout of the proposed lot
consolidation would create a single 39,563 square foot lot.The single-family homes located at 1530
Welcome Avenue and 5540 Golden Valley Road as well as the vacant commercial building at 5530
Golden Valley Road would be demolished under this proposal.
Proposed Use
Residential Facilities are licensed by the State of Minnesota to provide 24-hour care.They are
permitted in the R-1 Zoning District when serving 6 or fewer persons. If the Facility serves between
7 and 25 persons,the Facility requires a Conditional Use Permit (CUP). Facilities serving more than
25 persons also require a CUP, but must locate only in the R-3 or R-4 Residential Zoning Districts. In
summer 2018,the applicant began the process to propose a 40-unit building at this site,which
included proposals to rezone the properties to R-3 Medium Density Residential.The rezoning
application was denied by the Planning Commission unanimously.The applicant withdrew the
applications prior to the public hearing with City Council in order to work on a new proposal that
met R-1 zoning requirements.The proposed facility would be built into the existing hill and consist
of three floors,with the lowest floor being partially underground (known as a "lookout"). The
applicant is licensed by the Minnesota Department of Health to provide assisted living and memory
care services.The applicant operates a similar facility in Fridley.
Zoning Considerations
Dimensional Standards
__«� __�_.___��___.---��w .____�_.._ ��_�_.__� ____�____�.
Required Proposed
�....�_.�__.r _. ,__ __ _ ._.___ .__��. _ .. .�_ _.___�.e_ _ . _. .._._.
Minimum lot size
10,000 square feet 39,563 square feet
Minimum lot width at 35 feet deep
100 feet (corner(ot) Approx. 260 feet (west)
Approx. 180 feet (south)
Approx. 215 feet (east)
Minimum lot width at 70 feet deep
100 feet (corner lot) Approx. 245 feet (west)
Approx. 170 feet (south)
Approx. 235 feet (east)
Front Yard Setback
35 feet (west, south, east) 35 feet (west, south)
70 feet (east)
Side Yard Setback
NA
2
--___.___.______.... .____�_�_-.---.___.._ _ _.___.__.._-----_.�___.____�_N__�__ _ _,.____.v.�___�_...�_.__��__ _______.�_____
Required Proposed
.�_ __-..___.__a_.___..__ _.____r_.__�__._._._�________.___w___ _..-,a_- -__.__.n ._�.___ __�m���Tr__=_m___n�
Rear Yard Setback > �
25 feet (north) 25 feet (north)
Impervious Surface
50% maximum 46.65% (18,458 SF)
Building Coverage
30% maximum 20.9% (8,265 SF)
Height
28 feet (from average grade to midpoint of highest pitched roof� 24 feet
Maximum Average Grade Allowed
895.1 (increase limited to one foot) 895 feet (894.1 feet existing)
Emp/oyees and Visitors
The application states that there will be a maximum of 10 employees when the facility is full-the
number required by the State for this type of facility and care.The anticipated employee and visitor
counts during the day are as follows:
Estimoted Weekday Visitors
Time Frames 6:30am-2:30pm 2:30pm-7:OOpm 7:OOpm-10:30pm 10:30pm-6:30am
Employees 10 (8 drivers) 7 (5 drivers) 4 (3 drivers) 4 (4 drivers)
Professionals 2-time (avg. 30 1-time (avg. 30 0 0
minutes) minutes)
Guests 2-time (avg. 30- 3-time (avg. 30- 5-time (avg. 30- 0
45 minutes) 45 minutes) 45 minutes)
Average Cars 12 9 8 4
Estimated Weekend Visitors
Time Frames 6:30am-2:30pm 2:30pm-7:00pm 7:OOpm-10:30pm 10:30pm-6:30am
Employees 8 (6 drivers) 7 (6 drivers) 5 (4 drivers) 4 (4 drivers)
Professionals 0 0 0 0
Guests 2-time (avg. 30- 5-time (avg. 30- 4-time (avg. 30- 0
45 minutes) 45 minutes) 45 minutes)
Average Cars 8 11 8 4
Parkinq, Traffic, and Deliveries
The site will be accessed from Lilac Drive and it would include 19 exterior surFace parking stalls. City
Code requires 5 parking spaces (1 space per 5 beds).This use would generate a small number of
vehicle trips-primarily from visitors, employees,and deliveries. Golden Valley Road and Lilac Drive
have sufficient capacity to accommodate this use. Staff recommends that all vehicle deliveries must
take place on-site and must occur between 8 am and 5 pm on weekdays and weekends to mitigate
traffic and noise impacts. This has been added to the recommended conditions for approval.
3
Parking is not permitted on Lilac Drive. Other than a 460 foot area for parking on the north side of
Golden Valley Road west of Xenia Avenue (roughly 475 feet from the site), parking is not permitted
along Golden Valley Road. Parking is permitted on Welcome Avenue. No overnight street parking
(from 2-6 am) is allowed between November 1 and March 31. Public street parking is also
prohibited after a snowfall of at least two inches.
The proposal includes three bicycle parking spaces.A minimum of four are required.
Exterior Buildinq Materials, Landscaping, and Liqhtinq
Due to the relatively large size of the proposed building for an R-1 Zoning District,the applicant is
mitigating visual impacts to the surroundings by providing the following architectural and landscape
features:
• Pitched roofs, similar to other homes in the neighborhood
• Articulation and relief in the walls of the building
• Several windows on all levels and all sides of the building
• Variety of exterior building materials incl. manufactured stone, no vinyl siding
• Fencing along the perimeter of the site
• Tree plantings along the perimeter of the site
• Minimal grading to the site—building proposed to be built into existing hill
• Trash enclosure
In order to screen the visual impact of this relatively large facility from the views of the single-family
homes to the west, staff recommends that coniferous trees, a decorative fence, and shrubs or
perennials must be maintained along the west property line along Welcome Avenue.This has been
included in the recommended conditions of approval.
A lighting plan will be reviewed with the submittal of a building permit application.The lighting
levels must be in conformance with the R-1 standards in the Outdoor Lighting Section (113-153) of
the City Code.Specifically, illumination may not exceed 0.3 footcandles at the lot line.
Mixed Income Housing Policy
This proposed Residential Facility is exempt from the Mixed Income Housing Policy requirements
because it is not a market rate residential rental development.The proposed building is designed for
residents requiring 24-hour medical care and does not include any units designed for independent
living.
Fire Department Review
The Fire Department has reviewed the application and has no comments or concerns.
Neighborhood Meeting
A neighborhood meeting was hosted by the applicant on November 15, 2018,to discuss the project.
Approximately 12 people attended.There were numerous concerns regarding traffic, parking, noise,
odors,tree removal, construction, and the height and size of the proposed building.
4
Evaluation
The findings and recommendations for a Conditional Use Permit are based upon any or all of the
following factors (which need not be weighed equally):
Factor Finding
1. Demonstrated Need for Standard met.The applicant completed a market study that
Proposed Use found a need for this housing type in Golden Valley. A Housing
Study completed for the City in 2016 showed demand for 80-100
units of assisted living and 100-120 units of inemory care in
Golden Valley between 2016 and 2025.
2. Consistency with the Standard met.The proposed residential facility use is consistent
Comprehensive Plan with the Future Land Use Map and the goals of the 2040
Comprehensive Plan.The Comprehensive Plan states that a
variety of housing types and designs should be provided in order
to allow for greater housing choices for Golden Valley residents.
Creating more opportunities for senior housing was noted as a
priority in the Comprehensive Plan.
3. Effect upon Property Values Standard met.There is no evidence to support an argument that
property values would be either positively or negatively affected
by the presence of a residential facility in this location.Assessing
staff anticipates that there will be no effect as long as the
property is well maintained.
4. Effect on Traffic Flow and Standard conditionally met. The number of trips associated with
Congestion the proposed use will not generate any negative traffic impacts
to the surrounding areas. Golden Valley Road, Lilac Road, and
Welcome Avenue have the capacity to accommodate the minor
increase in trafFic that is likely to occur. In order to ensure that
traffic moves safely and efficiently and in order to mitigate
short-term congestion, staff recommends that deliveries to the
property be made only from the off-street parking lot and not
from the adjacent public streets.
Based on the number of vehicle trips associated with the
proposed use,the reduction in the number of existing
driveways, and the location of the proposed driveway entrance,
Engineering staff does not anticipated negative impacts to traffic
flow and congestion in the surrounding area.The adjacent
streets (Golden Valley Road and Lilac Drive are municipal state
aid streets) have the capacity to accommodate any minor
increase in vehicle trips that may occur.
5
Factor Finding
Parking is restricted on Lilac Drive and most of Golden Valley
Road, and is not restricted on other streets in the area. Although
it is not anticipated that the surrounding streets will be used for
parking on a regular basis, staff recommends that the applicant
submit an overflow parking plan for any special events that
might be held at the site.
Golden Valley Road and Lilac Drive are identified as signed bike
routes on the Cit�s Bike and Pedestrian Plan. Any improvements
located on the periphery of the development site and into the
adjacent rights-of-way must not negatively impact the City's
plans for its bike and pedestrian routes. Staff will work with the
applicant at the time of permitting to address any conflicts that
may arise.
5. Effect of Increases in Standard met.The proposal will generate a small increase in the
Population and Density population at the location as compared to the previous use.This
increase is not anticipated to have a noticeable impact.
6. Compliance with the City's Standard met.The Residential Facility is exempt from the Policy
Mixed-Income Housing Policy requirements because it is not a market rate residential rental
development.The proposed building is designed for residents
requiring 24-hour medical care.
7. Increase in Noise Levels Standard conditionally met.This use may generate slightly more
noise than a typical single-family home due to regularly
scheduled deliveries. However, deliveries will be limited to
regular business hours and will be located in the off-street
parking lot on the east side of the site, away from most of the
homes in the area.
8. Generation of Odors, Dust, Standard met.The proposed use is not anticipated to generate
Smoke, Gas, or Vibration odors, dust, smoke,gas, or vibrations.
9.Any Increase in Pests or Standard met.The proposed use is not anticipated to attract
Vermin pests.
10.�sual Appearance Standard conditionally met.The proposed facility adheres to the
R-1 zoning requirements of setbacks, height, and coverage, and
it is designed to complement the character of the surrounding
neighborhood. However,with 25 units on a large lot, it is a
relatively large building for this zoning district and
neighborhood.The architectural features presented in the
,
6
Factor finding
building proposal help mitigate the visual impact of the large
building.
The visual impact of the exterior dumpster can be mitigated by
screening it with an enclosure constructed of material
compatible with the building.
Staff has reviewed the site plan and landscape plan.The
applicant is proposing to install trees along the north,west, and
south property boundaries,which will help screen the building
and provide visual interest and appeal. Staff recommends that
the applicant install coniferous trees between the proposed
building and Welcome Avenue to provide year-round screening
that mitigates the visual impact to adjacent single-family
properties.According to the City's Tree and Landscape
requirements, shrubs and perennials must be planted on the
site. Staff recommends that the applicant install between the
proposed fence and the adjacent streets (Welcome Avenue and
Golden Valley Road)to enhance the visual appearance of the
fence from the public way and surrounding properties. Staff will
work with the applicant on the details of the landscape plan at
the time of permitting.
In order to ensure that the privacy fence is visually appealing,
staff recommends that the applicant provide details of the
specific type, color, and material of the fence.
11. Other EfFects upon the Standard met. Additional impacts on the surrounding area are
General Public Health,Safety, not anticipated.
and Welfare
Approval of this CUP is dependent on separate approvals of a zoning change for 5530 Golden Valley
Road and a lot consolidation.
Recommended Action
Based on the findings above, staff recommends approval of Conditional Use Permit 162 allowing for
a Residential Facility serving up to 25 persons at 5530 and 5540 Golden Valley Road and 1530
Welcome Avenue North, subject to the following conditions:
1. The Residential Facility may serve up to 25 persons and must maintain appropriate licensure
from the State of Minnesota.
7
2. All vehicle deliveries shall take place on-site and shall not take place on the street. Scheduled
deliveries to the property must occur between 8 am and 5 pm on weekdays and weekends.
3. An overFlow parking plan for special events must be submitted and reviewed by the City prior to
the issuance of a building permit.
4. The exterior dumpster shall be screened with an enclosure constructed of material compatible
with the building.
5. In order to mitigate visual impacts to adjacent single-family homes, installation of coniferous
trees between the proposed building and Welcome Avenue is required.
6. In order to mitigate visual impacts to adjacent single-family homes, installation of shrub and
perennial plantings between the proposed fence and the adjacent streets (Welcome Avenue and
Golden Valley Road) is required.
7. In order to mitigate visual impacts to adjacent single-family homes, installation of a decorative
fence along the perimeter of the property is required.
8. 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 of more of the above conditions shall be grounds for revocation of the
CUP. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin
County.
Attachments
Location Map (1 page)
Applicant's Narrative (3 pages)
Plans submitted by TCO Design on November 2, 2018 (13 pages)
8
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9330 Thomas Avenue North, Brooklyn Park, MN 55444 -�-�
Office 763-424-3676 cell 952-994-8276
todd@fcodesign.net
August 20, 2018
Re:Condrtional Use Permit Application,
Zoning Map Amendments and General
Land Use Map Amendment Applications
5530 Golden Valley Road,
5540 Golden Valley Road, and
1530 Welcome Avenue North
Golden Valley, MN 55422
City of Golden Vailey
Planning Departrnent
7800 Golden Valley Road
Golden Valley, MN 55427
WATERMARK SENIOR LIVING COMMUNITY OF GOLDEN VALLEY, LLC — Project
Narrative
Backqround
WaterMark Senior Living Community of Golden Valley, LLC discovered the three properties and determined it would be a
nice quiet location for their next building. The proposed project is an assisted living and transitional care facility with
approximately 24,000 SF containing 25 senior and transitional care units.The proposed structure will be two and a half
stories.
The project will use 5540 Golden Valley Road,1530 Welcome Ave N and 5530 Golden Valley Road. 5540 Golden Valley
Road and 1530 Welcome Ave N currently have houses on them and 5530 Golden Valley Road currently has a
commercial building on it.The properties have Welcome Avenue North to the West, Golden Valley Road to the South and
Lilac Drive North to the East. The new facility will be accessed with a curb cut from Lilac Drive North.
There are several advantages to a residential care facility for this neighborhood. It is important to the owner and operators
that this facility is well maintained and run.All aspects of site and building maintenance will be kept to high standards. The
families and groups associated with Comprehensive Care have high standards for this type of facility and for their
patients.They are caring family members, medical professionals or business professionals.These types of facilities are
quiet and low key.There will be no large and loud parties or gatherings. Its 24 hour a day security will be a nice buffer
from the busy Highway 100 area.
The maximum number of employees when the facility is full will be 11. This is the number of employees required by the
management company to provide the patients with meals, personal hygiene, housekeeping and any other patient needs in
compliance with the State for this type of facility and care. Building and exterior maintenance will be out sourced. There is
plenty of on-site snow storage space.The City requires 5 off street parking spaces for this type of facility with this number
of beds.We are providing 19 off street spaces. All deliveries will be at the front of the building off Lilac Drive North, away
from the residential neighborhood.
The group that makes up WaterMark Senior Living Community of Golden Valley, LLC completed a building in Fridley in
2017. The 28-unit building is currently full.The new building will be a similar facility. The Golden Valley facility will have
larger rooms, more amenities and more generous gathering areas. Please see attached picture of the Fridley Facility for
reference.
S + �
9 �
Factors of evaluation
1. All cities have demonstrated a need for assisted living and memory care facility. New facilities fill quickly.There is
a study showing a need for 46 units in this area of Golden Valley.
2. A small assisted living and memory care facility in a Low-Density neighborhood is consistent with the
Comprehensive Plan of the City by providing a needed service while fitting with existing available City utilities in
this road and a busy Highway service road(Lilac Drive North).
3. The new building and lots will have a value of$1,500,000-$1,900,Q00 when finished compared to current property
values of$275,000-$325,000 in the area.
4. This type of facility will have minimum impact on traffic flow and congestion. None of the residents will have
vehicles.The number of car trips will be comparable to a single-family duplex. Lilac Drive North is adequate to
support such traffic.
5. Because the residents stay mostly on site or organized day trips, there will be minimal effect on surrounding land
uses. The staff will also perform their duties on site and will have a positive effect by patronizing local businesses.
6. The proposed use may be difficult to categorize within the City's Mixed Income Housing Policy. It is not a private
facility and therefore, is available to Resident's regardless of income.The proposed facility is not a market rate
residentia�rental development. It is designed for residents requiring 24-hour medical care and does not include
any units designed for independent living.
7. The proposed facility will not increase noise levels over the allowed uses for this neighborhood.The facility will
have more activity than the usual Low Density use in the mornings during the week but will be quieter in the
evenings and weekends compared to typical homes. No large parties or gatherings.
8. The proposed use does not generate unusual odors, dust, smoke, gas, or vibrations.
9. The proposed facility will not increase flies, rats, or other vermin in the area. It will likely be less than the average
area land use by having a high level of maintenance by professionals.
10. The proposed building will use exterior materials consistent with current residential construction.We will use a
nice balance of manufactured stone and 'LP SmartSide'. The siding will vary using a combination of textures and
colors. Other architectural features such as decorative vents and brackets will be used to add visual interest. The
roof will be finished with 'shake look'architectural asphalt shingles.
11. The proposed facility will be highly maintained. It will have 24 hour a day security and will be taken care of
residents in need of their services. Because of this, this proposed facility will have a posifive effect upon the
general public health, safety, and welfare of the City and its residents.
Zoning and Land Use
5540 Golden Valley Road and 1530 Welcome Ave N are currently guided and zoned Single-Family R-1 Residential. 5530
Golden Valley Road is currently guided and zoned Commercial.WaterMark Senior Living Community of Golden Valley,
LLC would like to re-guide and re-zone 5530 Golden Valley Road to Low Density R-1 Residential.The R-1 zoning for the
other firvo properties fit with the Conditional Use Permit application and will not need rezoning or re-guiding. The
combination of the three properties will result in a unified property totaling approximately 0.92 acres.
The Comprehensive Care Facility will be the sole principal structure on the properiy.A conditional use permit will be
required to allow the 25-unit assisted living use on the R-1 zoning. The City will also require us to go through a re-platting
application in order to combine the three properties into one.
Bwldmg
The proposed building will consist of finro and a half floors of assisted senior living and transitional care units.There will be 7
care units on the main floor along with a generous gathering space that also includes a malt shop, library, chapel and
theatre.The lower level and half story floors will have 9 care units along with a small gathering area on each floor.There will
be a total of 25 care units.An elevator will be provided in the main entry.
The residents will get assisted living care, memory care and transitional care. Transitional care being patients that need
24-hour care, but do not qualify to stay in a hospital or have family or friends that can give them that level of care.
Examples would be post-op, pre-op, dialysis, bariatrics, respirator, etc. Transitional care residents are quiet and static.
Memory care patients are not allowed to wander outside of the facility without being accompanied by a care team
member. The facility will operate under the Minnesota state Comprehensive Care License.
�
� , , o
s '
"fhe proposed building will use exterior materials consistent with current residential construction.lnle will use a nice balance
of manufactured stone and`LP SmartSide'.The siding will be vary using a combination of textures and colors. Other
architectural features such as decorative vents and brackets will be used to add visual interest.The roof will be finished with
`shake look'architectural asphalt shingles.
Site
The overall site is approximatefy 0.92 acres and the area to be disturbed for the proposed project is roughly 0.5 acres.
The site is designed to meet R-1 zoning standards. Setbacks for the property are per the table below.
Building Setback Pavement Setback
Required Proposed Required Proposed
Front I Lilac Drive 35 Feet 35 Feet 0 Feet 16 Feet
ROW
Street Side Yard/ 35 Feet 35 Feet 0 Feet 22 Feet
Golden Valley
Road
Rear Street Yard/ 35 Feet 35 Feet 0 Feet N/A
Welcome Avenue
North
Side Yard North 25 Feet 25 Feet
Access and Parking
Site access is provided with a curb cut off Lilac Drive North.The curb cut will be as far North as reasonable with grade
considerations. This will keep the access a good distance from the intersection of Lilac Drive and Golden Valley North.
Parking has been provided to serve the proposed building that exceeds City Code with 19 exterior surFace stalls.An
accessible stall is provided in front of the building with a curb cut ramp providing access to the main concrete sidewalk.
The stalls are 9'x18.5'and adjacent to either a concrete sidewalk or landscape areas to account for bumper overhang.
The drive aisle is 24' in width.An emergency vehicle turn-around was not perceived to be necessary since the building
and property is surrounded by three public streets.
Landsca�inq and Tree Preservation
Landscaping is designed to provide site character and blend into the surrounding existing tree canopy. We plan to
preserve existing trees that fall outside of the grading limits and provide 4-0 tall fence and earth berm screening from
abutting residential properties.The project will have a proposed planting schedule which provides ample landscaping and
screening for the site. A landscape plan will be provided prior to building permit issuance with approval from city Staff.
The types(species)of new trees and minimum size specified will meet the City ordinance and approval of the Staff.
Gradina, Drainage, lJtilities and Stormwater Treatment
Proposed site grades, drive aisles, parking areas, utilities and stormwater treatment are addressed by our civil Engineer in
the preliminary civil documents provided.
Watermark Develor�ment Schedule
September,2018—Application ta the City of Golden Valley
Fall,2018—Building Permit Application
Fall,2018—Begin Construction
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1 Plannin D e artment
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763 593 8095/763 593 8109(fax)
Date: November 13, 2018
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing on Preliminary Plan for 4400 Sunset Ridge
Property address: 4400 Sunset Ridge
Applicant: STR8 Modern Properties Property owner: STR8 Modern Properties
Zoning District: Single-Family (R-1) Residential Lot size: 38,384 sq. ft. (0.88 acres)
Current use: Single-family home Future land use: Low Density Residential
Adjacent uses: Single-family homes (west); park, single-family homes (north, east); I-394 right-of-
way (south)
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2015 aerial photo(Hennepin County)
1
Summary of Request
Tony Videen, representing STR8 Modern Properties, is proposing to subdivide the property
located at 4400 Sunset Ridge into two lots. There is one existing single-family home on this lot,
which would be demolished, and two new homes are proposed to be constructed.
Existing Conditions
The existing lot is approximately 38,384 square feet in size and sits on the edge of a single-family
neighborhood. To the east it abuts the natural corridor that connects Strawberry Pond to North
Tyrol Park. South of Sunset Ridge, across from the subject property, is a wooded area adjacent to
I-394.
The northern and eastern portions of the lot contain a steep slope that drops off to the low area
between Strawberry Pond and North Tyrol Park. This slope is heavily wooded.
Proposed Use
The subdivision proposal would divide the existing lot in two with roughly equal frontages along
Sunset Ridge. Due to the deep configuration of the existing lot, both of the two new lots would
extend far to the north. The current home spans the western two-thirds of the lot and would
need to be demolished if the lot is split.
The future homes would have access off of Sunset Ridge and sewer and water service would also
be extended from the public right-of-way.
Staff Review
Changes to the minimum lot area requirement of the Subdivision Code made in 2015 require a
calculation of the average lot size of all residential lots within 250 feet of the subject property in the
Single Family Residential (R-1) Zoning District. If the average is greater than 18,000 square feet,the
new required minimum lot size becomes 15,000 square feet. If the average is less than 18,000 square
feet,the required minimum lot size remains at 10,000 square feet.
For 4400 Sunset Ridge,the average size of the lots within 250 feet is approximately 25,949 square
feet. Therefore,the required minimum lot size of each new lot is 15,000 square feet. The existing lot
is 38,384 square feet. The proposed Lot 1,to the east, would be 16,112 square feet. The proposed Lot
2, to the west, would be 22,272 square feet.
City Code requires that each non-corner lot have a minimum of 80 feet of width at the front setback
line and maintain 80 feet of width for 70 feet of depth. Lots 1 and 2 would each have over 80 feet of
width at the 35 foot setback line and would maintain sufficient width 70 feet back from the front lot
line.
The dimensions of both Lots 1 and 2 would provide sufficient building envelopes for development.
2
Lot Requirements:
Required « Proposed Lot 1 Proposed Lot 2
_. _� .._._._ _
Minimum lot size
15,000 square feet 16,112 square feet 22,272 square feet
Minimum lot width at 35 feet deep
80 feet 97.3 feet 110.4 feet
Minimum lot width at 70 feet deep �'� �`��'��'�� �_ � �"�
80 feet 80.0 feet 126.8 feet
_ _ __ ___
The one existing sanitary sewer service has been inspected and found to be compliant with the Cit�s
Inflow and Infiltration requirements.
As required by the City Code, a tree inventory was performed in order to document all existing trees.
This inventory will be reviewed by the City Forester and used to calculate any required tree
replacement when the new lots are developed.
If approved, a park dedication fee of$10,800 would also be required prior to release of the Final Plat.
The Engineering Division has reviewed the application and has contributed to the findings made
below. Engineering staff supports approval of the minor subdivision subject to the conditions
contained in this memorandum.
Neighborhood Notification
A mailing was sent by the applicant to property owners within 500 feet of this site on November
13, 2018. To date, staff has not received any communication regarding this letter.
Evaluation
According to Section 109-121 of the City Code, the following are the regulations governing approval
of minor subdivisions:
Factor/Finding
1. A minor subdivision shall be denied if the proposed lots do not meet the minimum area
and dimensional requirements for the Zoning District in which they are located, or if vehicular
access is not provided from an abutting improved street.
Standard met. Both proposed lots meet the minimum area and dimensional requirements of
the Single-Family Residential (R-1) Zoning District. Vehicular access can be provided from an
abutting improved street.
2.A minor subdivision may be denied upon the City's determination that a resulting new lot
is encumbered by steep slopes or excessive wetness.
3
Standard met. The proposed lots appear to be buildable. This determination is subject to a soils
report, slope stability analysis, and wetland delineation that must be provided before site and
building permits can be issued.
3. A minor subdivision may be denied if sewer and water connections are not directly
accessible by each proposed lot.
Standard met. Sewer and water connections are available and the development will not place
an undue strain on City utility systems. The City will require that the new homes be connected
to the utilities available within Sunset Ridge if feasible. The existing sewer service that flows
east into the City park is connected to the Metropolitan Council Environmental Services
interceptor main. This service must be removed as part of the construction process. City staff
will work with the applicant or contractor on the details of the utility plan at the time of
permitting.
4. Approval shall be conditioned on the granting of easements for necessary public purposes.
Standard met. Drainage and utility easements meeting City standards are required along all
property lines. Staff will review the proposed final plat to ensure that it includes the required
easements.
5. Approval may be conditioned on the requirements of outside public agencies with
jurisdiction.
Not applicable.
6. Approval shall be conditioned on the resolution of any title issues raised by the City
Attorney.
Standard conditionally met. The City Attorney will determine if such a title review is necessary
prior to approval of the final plat.
7. Minor subdivisions of nonresidential parcels may be denied if new development will cause
undo strain on adjacent roads or on public utilities or will adversely affect adjacent uses.
Not applicable.
8. Approval shall be conditioned on the payment of a park dedication fee, sewer and water
access charge, and pending or levied deferred assessments.
Standard conditionally met. A park dedication fee of$10,800 would be required prior to release
of the final plat. Sewer and water access charges would be calculated and collected at the time
of permitting.
9.The conditions spelled out shall provide the only basis for denial of a minor subdivision.
Approval will be granted to any application that meets the established conditions.
4
IStandard met.
Recommended Action
Based on the findings above, staff recommends approval of the minor subdivision at 4400 Sunset
Ridge 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$10,800 shall be paid before release of the final plat.
Attachments
Location Map (1 page)
Plan submitted November 20, 2018 (1 page)
Tree Inventory dated October 14, 2018 (4 pages)
5
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IY
NOTES:
—No search was made for any easements. 0 20 40 80
—The location of alI utilities shown are from ekher observed
avidence in tha field and/or from plans fumishad by the utilky
companiea and are approxfmate. Utilfty companies should be
notified for exact location before doing any excwation. SCALE 1N FEET
JOB NO. s�`�-E SITE ADDRESS I hereby certify that this survey, plan, or report was prepared by
�_18 1" =ZO' ,��t�� me or under my direct aupervision and that I am a duly registared W.BROWN LAIdD SURVEYING,INC.
�Rj°`� Goldm Yal ley,ffii 66418 Land Surveyor under the Iaws of the State of Minneaota. 8030��pya��,c����a
BOOK/PAGE � W.BROWN LAND SURVEYING,INC. � ��� 6LOOMIN6roN,MN 55425
REFERENCE pROPERTY DESCRIPTION B Bt�.(95?�854-0D55
��� FAX:(9521854h268
SHEET Iett 1,Blo�k]6,ffi�Y'S WSST TY9(H.BILIS AI�ITI�7. pp�p; EMAIL:INFO@WBROWNLANDSURVEYING.COM
�. Of �. �p�II�ty�mimmesotg. Woon�aowA.Baowrl,R.L.S.MN REG 15230 ����
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' Project:Tree inventory/Preliminary Tree Preservation Plan for 4400 Sunset Ridge, Golden Valley
' ENTIRE PROPERTY WAS INVENTORIED ON 10-13-2018.
' Date: October 14, 2018
' Prepared By: Mary Johnson,Certified Arborist MN-4238A,S&S Tree
'" City of Golden Valley's Definition of Significant Tree: healthy hardwood deciduous (Oak, hard Maple,
Walnut, Birch, Black Cherry, Honeylocust, Basswood, Hackberry) 6" or greater in diameter. Healthy
softwood deciduous (Cottonwood, Poplars,Aspen,Ash, Boxelder,Willow,Silver Maple) 12"or greater in
' diameter. Healthy conifers 4" or greater in diameter.
' Legacy Tree: healthy hardwood deciduous 30" or greater in diameter. Healthy conifers 24" or greater in
diameter.
' Tag: round, metal tag(numbers 1-30), along with a strip of blue ribbon, located about 5' above ground.
Tree Diameter(Dia): in inches, measured at 54" above ground.The diameters of multi-stem trees are
' added together(except poor condition stems,which are not added in).
' Tree Condition (Cond): Good, Fair, Poor.Good and Fair trees are considered healthy. Poor trees are
' considered unhealthy, due to excessive decay.
' Fate:Tree is to be Saved, Removed,or is Non-Significant . Non-Si�nificant trees are not included in total
' numbers because thev are not healthv, but are provided to show location. There are 8 Non-Si�nificant
' trees on this Inventorv.There are 9 Si�nificant trees to be Removed, unless housepad location is moved in '
' the future. There are 13 Si�nificant trees to be Saved.
' Note:the 13 trees that are to be Saved will need Tree Protection Fencin�around them.
X and Y Coordinates: Longitude and Latitude of the tree's location. O �source Grade, not
REE AND
Survey Grade. � HORTICULTURAL
SPECIALISTS� ING '
. a,,DAVEY . company
TAG SPECIES DIA COND LEGACY FATE NOTES X Y
4-stem tree
12"+11".
Two other
stems are in
Birch, Poor
1 Paper 23 Good No Remove condition -93.3354485367 44.9715774701
Spruce,
2 Blue 15 Good No Save -93.3355664711 44.9714764223
Spruce,
3 Norway 15 Good No Save -93.3356069767 44.9714984945
Spruce, Non- Half of tree
4 Blue 25 Poor No Significant is dead -93.3356286900 44.9715562959
5 Pine, Red 18 Good No Remove -93.3356210459 44.9716409222
Cedar,
6 White 15 Good No Remove -93.3355710272 44.9716610197
7 Pine, Red 16 Good No Remove -93.3356285378 44.9716802339
2-stem tree
Non- 28"+26".
8 Oak, Red 54 Poor No Significant Trunk Decay -93.3355972781 44.9717642532
Non- Dead or
9 Basswood 17 Poor No Significant a�most dead -93.3355691196 44.9718135398
Hollow area
inside trunk,
Non- weak branch
10 Oak, Red 42 Poor No Significant union -93.3356526039 44.9719003187
Non- Hollow
11 Oak, Red 24 Poor No Significant inside trunk -93.3355953061 44.9719009516
12 Oak, Red 28 Fair No Save -93.3355037011 44.9719413956
Maple.
13 Silver 26 Good No Save -93.3354972398 44.9718903336
2 stem tree,
but 2nd
stem in Poor
cond.(top
14 Oak, Red 24 Fair No Remove broke out) -93.3354570284 44.9718313606
Non-
15 Oak, Red 30 Poor No Significant Trunk Decay -93.3353242472 44.9718105691
3-stem tree,
but 2 other
stems too
16 Birch, River 9 Fair No Remove small. -93.3352968131 44.9717782614
17 Oak, White 18 Fair No Remove -93.3352298307 44.9717366396
18 Hackberry 8 Good No Remove -93.3351412114 44.9717362173
Cherry, Non-
19 Black 30 Poor No Significant Almost Dead -93.3350763310 44.9717476731
20 Walnut 10 Good No Remove -93.3351062561 44.9716637813
Non- Hollow area
21 Oak, White 18 Poor No Significant inside trunk -93.3351554579 44.9716220745
Cherry, 2 stem tree
22 Black 20 Fair No Save 11"+9" -93.3350856886 44.9716163397
Elm, 2 stem tree
23 American 28 Good No Save 15"+13" -93.3350168371 44.9716007356
Elm,
24 American 19 Fair No Save -93.3350018075 44.9715760808
Spruce,
25 White 16 Fair No Save -93.3355383503 44.9721462466
Spruce,
26 White 20 Fair No Save -93.3356546722 44.9721402478
Bi rch,
27 Paper 12 Fair No Save -93.3356598622 44.9720491101
28 Oak, Red 17 Good No Save -93.3355308970 44.9720377018
29 Oak, Red 10 Fair No Save -93.3354896265 44.9720298801
30 Oak, White 27 Fair No Save -93.3354044527 44.9719692251
city of w�
olden � E � t� � � �v � u� �
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�a. �y Planning Department
� 763-593-8095/763-593-8109(fax)
Date: November 26, 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
Property address: 800 Boone Avenue North
Applicant: DRAM Properties Property owner: ProPartners Group, LLC
Zoning District: Light Industrial Lot size: 151,713 sq. ft. (3.5 acres)
Current uses:Adult day care, home health care Future Land Use: Light Industrial
Adjacent uses: Industrial, light industrial, office (north, west, south); multi-family residential (east)
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2015 aerial photo(Hennepin County)
1
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.
Background
This request was considered at the Planning Commission meeting on October 22, 2018. After a
lengthy discussion,the item was continued to the regular meeting on November 26. Full
background of the property, recent complaints regarding the CUP, and the actions of the
Planning Commission can be found in the attachments.
In addition,the Planning Commission investigated issues related to the parking of buses used by
the business, both on Boone Avenue and along the drive aisle to the south of the building.
Proposed Use
The applicant has used, and would like to continue to use,the building at 800 Boone Avenue
(more specifically, the large dining area within the adult day care space) for evening and weekend
events. While the CUP for the adult day care use that was revoked by the Council on September
20 allowed occasional evening activities after 5:30 pm, the City received numerous complaints
about regular evening and late-night events occurring at the property, including complaints about
noise and physical altercations. The events appeared to be unrelated to the adult day care use,
however enforcement of the CUP condition that permitted "occasional evening social functions"
has been difficult.
Public Comments
In response to the hearing notice, staff has been contacted by at least one individual concerned
about the late night activities on the site, the buses parked on Boone, and the narrow drive to the
south of the building.
Zoning Considerations
Parkinq
As discussed on October 22, busses parked on Boone Avenue create difficulties in seeing oncoming
traffic when pulling out of driveways on either side of the street. Further,the driveway entering the
property, to the south of the building, does not have sufficient width to allow busses to be parked in
the perpendicular stalls along the south property line. The Deputy Fire Chief will require no busses
be parked in those spaces or that they be converted to angled parking.
Shoreland Overlay
Concerns have been raised about the removal of trees and other vegetation to the rear(east) of the
lot adjacent to Bassett Creek in order to construct a community garden for the adult day care users.
A separate investigation will be undertaken to address possible violations of the City's Shoreland
Overlay regulations and mitigation may be required.
2
Evaluation
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" that occurred (frequent parties,
large celebrations, etc.) proved to be troublesome and resulted in numerous complaints from
other nearby property owners.
There may be a legitimate interest in allowing clients to use space in the building for gatherings
as an extension of the adult day care services being provided. However, enforcement would be a
challenge. It is difficult, if not impossible,to determine whether events held at the property are
related to the adult day care use, or whether the property is being inappropriately used as a
banquet/catering hall. Banquet/catering halls are not a permitted use in this zoning district.
Based on the property owner's records, it appears the property was being used as a
banquet/catering hall prior to the revocation of the CUP. Trusting the property owner to self-
police and abide by this restriction has not proven to be successful in the past. Therefore,the
simplest and most straightforward solution is to completely prohibit evening adult day care
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, an
amendment to the Zoning Code to allow such activity in this district 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 lune 13, 2011.
Prohibiting evening adult day care events would satisfactorily address this issue.
3
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 calls
to the address in 2018 were being addressed well after midnight and in one case as late as five
o'clock in the morning.
Prohibiting adult day care events past 5:30 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 evening adult day care events would help avoid confusion around whether
evening events are permitted or not. Any use of the facility as a banquet/catering hall
would not be allowed.
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, 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
Factor Finding
1. Demonstrated Need for Proposed Use Standard met. 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 Standard met. The Future Land Use Map
guides the site for long-term light industrial
use. Adult day care centers, through a
conditional use permit, are consistent with
that land use designation.
3. Effect upon Property Values Standard met. The approval of the amended
permit will not negatively impact property
values in the area.
4. Effect on Traffic Flow and Congestion Standard conditionally met. Clients utilizing the
daycare generally arrive via bus, reducing the
number of individual trips made to and from
the facility. However,the current parking
locations for the buses on Boone Avenue and
in the entrance drive pose problems to public
safety and will need to be relocated.
5. Effect of Increases in Population and Standard met. The use does not significantly
Density increase the general population of the area,
though the adult day care business does
temporarily impact the daytime population.
6. Compliance with the City's Mixed-Income Not applicable.
Housing Policy
7. Increase in Noise Levels Standard conditionally met. 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.
8. Generation of Odors, Dust, Smoke, Gas, or Standard met. No such problems are expected.
Vibration
9. Any Increase in Pests or Vermin Standard met. No such problems are expected.
5
10. Visual Appearance Standard met. The exterior of the building will
not be affected by the amended permit.
11. Other Effects upon the General Public Standard conditionally met. Impacts to the City
Health, Safety, and Welfare and its residents, in the form of complaints
and repeated police calls to the property, are
anticipated to be reduced under the amended
permit.
The Engineering Division has reviewed the application and has no comments or concerns.
Engineering staff supports approval of the CUP subject to the conditions contained in this
memorandum.
Recommended Action
Based on the findings above, staff recommends approval of the amended Conditional Use Permit
119 allowing for an adult day care center at 800 Boone Avenue North, 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 shall not be used for any activities that are not permitted in the
Zoning Code.
5. All buses shall be parked in the parking lot and shall not be parked on Boone Avenue. No
buses may be parked in the angled parking stalls or in the first 21 perpendicular stalls located
south of the building along the drive aisle.
6. No alcohol shall be served or distributed on-site 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.
8. The applicant shall provide an on-site bicycle rack allowing parking for a minimum of five
bicycles.
9. The requirements found in the memo to Mark Grimes, Director of Planning and Zoning, from
Ed Anderson, Deputy Fire Marshat, and dated May 17, 2011, shall become a part of these
requirements.
10. 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 of more of the above conditions shall be grounds for revocation of the CUP.
Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County.
6
Attachments
Location Map (1 page)
Memo to the Planning Commission dated October 22, 2018 (6 pages)
Planning Commission Minutes dated October 22, 2018 (6 pages)
Planning Commission Minutes dated October 8, 2018 (8 pages)
Conditional Use Permit, CU-119, Amendment#2 (1 page)
7
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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 2009, 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 lune 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 calls
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:
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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 applicant 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)
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Regular Meeting of the
Golden Valley Planning Commission
October 22, 2018
A regular meeting of the Planning C mission was held at the Golden Valley City Hall,
ouncil Chambers, 7800 Golden Va y Road, Golden Valley, Minnesota on Monday,
Oc 22, 2018. Chair Baker calle the meeting to order at 7 p
Those present we ning Commi ioners Angell, r, Blum, Brookins, Johnson,
Pockl, and Segelbaum. esent ere Finan rector Sue Virnig, Planning Manager
Jason Zimmerman, Associate Gra riter Emily Goellner, and Administrative
Assistant Lisa Wittman.
1. Approval of Minute
October 8, , Regular Planni Commission Meeting
MOV Brookins, seconded by J nson and motion carried unanimously to approve
th ctober 8, 2018, minutes as sub ted.
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.
Zimmerman reminded the Planning Commission about the discussion they had regarding
this Conditional Use Permit (CUP) at their last meeting. He stated that the City Council
voted to revoke this CUP, stay the revocation until November 7, and send it to the
Planning Commission to consider amendments to the existing CUP to allow the main use
to go forward while addressing the concerns.
Zimmerman gave a brief history of the property and stated that the CUP was originally
approved in 2007 with a condition that allowed for "occasional evening social functions." A
Zoning Code Text Amendment was proposed in 2009 to allow banquet/catering halls as a
permitted use in the Light Industrial Zoning District but the City Council did not support the
proposed amendment. In 2011 the CUP was amended to increase the number of clients
served at the facility.
Zimmerman explained that earlier this year the Police Department alerted staff to
complaints about activity 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 being advertised on Facebook that
were open to the general public. He stated that staff reached out to the property owner to
Minutes of the Golden Valley Planning Commission
October 22, 2018
Page 2
understand the scope of the events that were taking place. The owner provided a
calendar that showed 29 events scheduled between June and December of 2018 with
activities that included large numbers of attendees at conventions and parties that were
beyond the "cultural and social" events offered for those in the adult day care program.
Zimmerman added that staff proposed a set of mutual clarifying statements allowing for
occasional social events but the owner declined to agree to the revised conditions so the
issue was brought to the City Council to consider revocation of the CUP.
Zimmerman noted that the Council findings for revocation included that the number of
social events exceeded what would reasonably be considered "occasional," the timing
and length of the events exceeded what would reasonably be considered "evening"
hours, alcohol was being consumed absent a liquor license in violation of Minnesota
statutes, and the use of the facility as a banquet/catering hall is in violation of the Light
Industrial Zoning District regulations.
Zimmerman stated that staff has met with the applicant, as well as with the City Attorney
and Police Chief. The following conditions are now being recommended for consideration:
1. Regular adult day care operating hours would be Monday thru Friday, 7 am to 5:30
pm.
2. Limit events not associated with the adult day care to indoor informational/marketing
activities only and restrict the frequency to four times a year.
3. The informational/marketing activities must conclude by 10 pm.
4. No alcohol can be consumed or distributed without the proper license or permit.
5. The adult day care space within the building cannot be used by entities other than the
adult day care, employees of other businesses in the building, or the general public.
Zimmerman stated that the applicant would like the Planning Commission to consider the
following:
1. Allowing informational/marketing activities to be conducted on the weekend.
2. Allowing the other businesses in the building to conduct informational/marketing
activities in the adult day care space.
3. Allowing for greater frequency of those activities.
Zimmerman stated that there are other issues that have been brought to the attention of
staff to follow-up on including: the removal of trees in the Shoreland Overlay area along
Bassett Creek in order to clear space for community gardens and a paved area with
benches, the parking along the driveway to the south of the building does not meet Fire
Code, and buses parking on Boone Avenue are restricting the sight lines from existing
driveways.
Zimmerman stated that staff is recommending approval of the Conditional Use Permit
amendment with the following amended conditions:
1. The adult day care shall be limited to the number of clients specified by the Minnesota
Department of Human Services.
Minutes of the Golden Valley Planning Commission
October 22, 2018
Page 3
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 day care or other entities in the
building for indoor informational/marketing events to promote their businesses up to
four times per calendar year and not more than once per quarter. All such events must
conclude by 10 pm, Monday thru Thursday, and 5:30 pm, Friday thru Sunday.
5. Except as described in condition 4, the adult day care facilities shall not be used for
any evening or weekend events that are not permitted in the Zoning Code.
6. All buses shall be parked in the parking lot and shall not be parked on Boone Avenue.
No buses may be parked in the angled parking stalls or in the first 21 perpendicular
stalls located south of the building along the drive aisle.
7. No alcohol shall be served or distributed without first obtaining the proper license or
permit.
8. All outdoor trash and recycling containers shall be screened in a manner acceptable to
the Physical Development Department.
9. The applicant shall provide an on-site bicycle rack allowing parking for a minimum of
five bicycles.
10.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.
Segelbaum stated that a couple of the proposed conditions are already required by law
and asked if there is a reason to include them. Zimmerman said he thought it was a good
idea to be specific considering the issues that have been occurring. Segelbaum
suggested adding a catch all provision that states all laws/rules have to be followed.
Zimmerman stated that Conditional Use Permits do have a statement on them that says
the CUP does not exempt the property owner or occupant from compliance with all
provisions of city code, or any other applicable regulations, laws, and ordinances. Blum
said he thinks the revised conditions are appropriate and he thinks it is important to point
out specific issues in this particular CUP.
Baker noted that there has been a misunderstanding by the applicant regarding the uses
by the other businesses in the building and asked if that was adequately addressed in the
proposed new conditions. He stated that he wants to mention that the prohibited uses
apply to the other businesses as well. Zimmerman stated that anyone using the facility has
to follow the conditions in the CUP and that the space can't be used as banquet space.
Baker referred to the buses parking on the south side of the property and on Boone
Avenue and asked how that relates to the City's parking regulations. Zimmerman stated
that there is enough space in the parking lot to park the buses in the back.
Johnson asked why proposed condition number four specifies "indoor" events as opposed
to just events. Zimmerman stated that in the past the applicant has had events and parties
that have spilled out into the parking lot so staff is trying to avoid that from happening.
Minutes of the Golden Valley Planning Commission
October 22, 2018
Page 4
Johnson asked if there is a definition for "informational/marketing events." Zimmerman
said there is not, but it is referring to events such as open houses, and tours, etc. that
have to do with marketing the adult daycare. Johnson said that is ambiguous.
Johnson asked if outdoor events would be prohibited. Zimmerman stated that under the
proposed conditions outdoor events would be prohibited.
Baker suggested adding the word "only" before the word "for" in condition number four to
be clear that events can "only" occur indoors.
Johnson asked if there is a definition for buses because one could argue that the pictures
shown were vans, not buses. Zimmerman said he would look into the definitions and
classification of vehicles.
Segelbaum noted that this CUP is related to adult day care services and questioned if the
Planning Commission is allowed to go as far as prohibiting the outdoor use of the property.
He asked what would happen if one of the businesses chooses to have an event outdoors.
Zimmerman said the CUP is regarding the adult day care use and the regulations should
be crafted around that. He added that there are probably going to be events held that fall
outside of the adult day care use and the conditions in the CUP, but complaints about
those events would be handled the same way any other similar complaints would be
handled.
Angell asked if the Police Department expressed a desire to be notified of events happening
at this location. Zimmerman said they would like notification and that staff can let them know
about the informational/marketing events that would be allowed four times per year, but if
there is a party occurring they would handle it like any other complaint.
Blum referred to condition number seven regarding serving alcohol and asked if that could
be worked around with a catering license. Zimmerman stated that staff thought about that
but the applicant should not be having banquets so there should be no need for catering.
David Olshansky, Applicant, thanked the Planning Commission for helping to clear up
issues that were misunderstood. He stated that they have cancelled all of the parties that
were scheduled for the rest of this year and early next year. He referred to the issue of
buses parking on Boone Avenue and said buses do park there for drop-offs and pick-ups.
He said they are considering adding another entrance to the front of their building to have
less disturbance on Boone Avenue and to bring the clients closer to the building entrance.
He stated that in regard to the gardening area he has clients who want to have community
gardens and that the clients eat the produce themselves, they do not sell it. He added that
in regard to social events he came to the conclusion that it would be appropriate to have
informational/marketing events.
Pockl asked Olshanksy what his interpretation of indoor informational/marketing events is.
Olshansky stated for example they have art and painting classes and they invite people to
come to the facility like a gallery which is an informational event. He said they also have
special activities on Saturdays like Chinese New Year where they try to involve more
Minutes of the Golden Valley Planning Commission
October 22, 2018
Page 5
customers. Pockl asked if catering is provided at these types of activities. Olshansky said
no, they have their own kitchen.
Pockl stated that the applicant's examples are not tailored to only market the adult day
care. Olshansky said the adult day care has its own marketing activities three or four
times per year that don't go later than 5:30 pm so he thinks the proposed language
stating that events must conclude by 10 pm would be fine.
Brookins asked about the use of the current banquet space Monday to Friday. Olshansky
said that is used for adult day care. Brookins asked Olshansky if his interpretation is that
the proposed CUP conditions only apply to that space. He also asked if the adult day care
space is used outside of normal business hours. Olshansky said other businesses use
the adult day care space after 5:30 pm. Segelbaum asked what other businesses use the
space for. Olshansky said it is used for meetings, therapy, conference room space, and
continuing education for social workers, nurses, doctors, etc. Segelbaum asked if it is only
employees that use the space. Olshansky said yes. Segelbaum asked if some of the
events could include a social hour afterwards. Olshansky said they could, but they usually
do not. Segelbaum asked if these are catered events. Olshansky said yes usually with
pizza, etc. He added that only related businesses use the space and that they also have
scheduled events for employees such as Christmas parties or employee appreciation
events.
Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker
closed the public hearing.
Zimmerman stated that the description of the types of events are different than the
conversations he's had with the applicant. He said his understanding was that there
would be open house types of events for new clients, not art gallery events, or catered
events with 100 people attending. He said he would like some more clarification.
Baker noted that the CUP does not apply to the other businesses who are using the
space. He said he is concerned that there has been abuse of the CUP.
Segelbaum asked Zimmerman if he believes the proposed amended CUP addresses the
after-hours events they've been discussing. Zimmerman said he now thinks the
conditions need to be made clearer. Segelbaum suggested the language focus on the
use rather than the space. Baker stated that it should define the physical space too.
Segelbaum said it still feels like there is a disconnect and questioned if it would be better
to let staff do some more work on the CUP language and bring it back to the Planning
Commission to review.
Johnson suggested language be added stating that the property is not for use by other
facilities. Segelbaum suggested defining "events." Zimmerman agreed.
Blum said he noticed a few themes which include: the timing of events late into the night
and early morning, the use of alcohol without a permit, noise, and parking/traffic
violations. He said he would like to address these things but he doesn't know if the City
Minutes of the Golden Valley Planning Commission
October 22, 2018
Page 6
needs to be specific about what's going on inside the building. He added that a lot of the
complaints they've heard would be mitigated by not allowing outdoor events.
Johnson said he doesn't want to put a burden on the other businesses who aren't a part
of this CUP. Baker stated that they are talking about the space, not the businesses.
Segelbaum suggested not constraining it but just stating that the space can be used
between certain hours because laws will cover the other issues.
Johnson said the issue of safety and parking on Boone Avenue should be addressed
before anything else. He said the Planning Commission should focus on whether or not
this is a safe plan. Baker said the City Council specifically assigned the Planning
Commission to consider the amended CUP conditions. Blum stated that parties occurring
outside suggests a safety issue as well. Johnson said he is concerned about emergency
vehicles getting in and out and he would like to further explore the Fire Department's
concerns about the drive aisle width and the parking of buses on Boone Avenue. Baker
added that condition number six deals with the parking and drive aisle width issues.
Brookins asked how the kitchen is regulated. Zimmerman stated that Hennepin County
regulates kitchens and food. The issue in this case is who the food is for and using the
building as an event center. Baker stated that it would be good to know the different
businesses occurring, who is using the space, and how the space is being used.
Brookins said he would also like to see the Commercial Zoning District language.
MOVED by Segelbaum, seconded by Pockl, and motion carried to table this item for one
month and to recommend that an extension of the stay be approved by the City Council.
Presentation of Capital Impr vement Program 2018-2022 (CIP) — Sue Virnig,
City Finance Director
Zimme n explained that the CI is a five-year fiscal planning instrument used to
identify n ed capital projects a d to delineate the financing and timing of the
associated p ' cts and is prese ed to the City Council ' iennial budget.
Zimmerman state t the CIP s included art of the Comprehensive Plan and the
Planning Commission arg s to r ' major capital improvement plans against the
goals and objectives inco the Comprehensive Plan and determine if they are
consistent. He added that i ' t the role of the Planning Commission to suggest CIP
projects, only to look f in e ive Plan consistency of those included in the CIP.
Zimmerman � ighted som of the key s in the CIP and discussed how they meet
the Comp ensive Plan go s. The first ite discussed was water resources. The CIP
storm r section calls for eCola Ponds pro� that will sustain and improve water
qu , reduce stormwater r off, and minimize the risk of flooding along Bassett Creek,
ong other things.
Minutes of the Goiden 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 might have a higher priority than ot rs.
Johns referred to the City Engineer's taff report where it states that the pro 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/I inspection hasn't yet curred and the results are p ing review.
Zimmerman ex 'ned that means that ere is no certificate of co iance on record and
when the inspectio � done and any r airs are made a certific�will be issued.
;��
Pockl asked why the lot i eing split i o two thirds and o third instead of in half.
Zimmerman said it is his un standin that the propo � new property line is being drawn
where the existing lawn area m ts th wooded are .
Jack Benson, Applicant, stated that eighb at 1717 Xerxes will be purchasing the
proposed new west lot. He stated that is, 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
doesn't get an offer from someone to hi ouse. He said he thinks people are
interested in flipping the property wl�� �� ' ould d to cutting down a very large oak tree
that is basically in the middle of t pr osed ne t so he is interested in keeping the
area as it currently is.
Baker opened the public h ring. See' 'g and hearing no o wishing to comment, Baker
closed the public hearin ' '�,r
��
Baker said he think is is a reasona e application. Segelbaum a ed and said he
doesn't see a bas� on which to deny t e proposal. Johnson agreed.
MOVED by B okins, seconded by Po I and motion carried unanimously t pprove the
proposed or subdivision of 1711 X xes Avenue North subject to the follo
conditio
1. e City Attorney shall determine if title review is necessary prior to approval of the
inal Plat.
2 A park dedication fee of $1,980 sha e 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. At the Council meeting a number of findings were determined
including: the number of social events exceeded what would reasonably be considered
"occasional;" 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 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 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 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 information 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 avoid 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 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, 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 adult day care use to continue while addressing the other
issues.
Baker referred to the staff report where it states that the simplest and most straightforward
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 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
�etter 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 functions 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 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 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 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 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.
--S rt Recess--
Reports on Meetings of the Hou ng and Redevelopment Authority, City
Council, Board of Zoning Appeal and other Meetings
Johnso oted that he attended a portion ,of the recent APA MN Planning Conference and
specifical earned a lot at a session on p blic art.
5. Other Bu ' ess
• Planning Co issioner Training ' CUPs
Zimmerman introduced topic of CUPs,' nd the fact t hey govern uses that are
permitted but may have un ' al impacts nd so co ons may be attached to the
approvaL Evaluation must be '' ated to th� imp, of the use and if the applicant can
show all of the criteria in the City � de ha'i�e en met then the CUP must be approved.
�, � �;°.
He gave some examples of both resi �and commercial CUPs and then discussed
the difference between quasi-judi�� and ���slative decisions by the City. Blum asked
about the role of the Commissi in making�l�'��slative decisions. Cisneros replied that the
Commission can influence decision but ``Itim ly the City Council decides.
.�� �
Cisneros presented fi�rules for CUPs, incl,�ding: th�� � ity's role is to evaluate the impact
of the use using th riteria set forth in the cc�nditional u ordinance, conditions imposed
on a conditiona e permit must bear a sub�tantial relatio hip to the criteria in the
ordinance an� e City may not impose impo�sible or unrea able conditions, the City
must cons r mitigating conditions that may satisfy the stand s of the ordinance, the
factual r ord must be carefully documente and focused on ho he facts relate to the
criteri n the conditional use ordinance, and" he City can enforce t e terms and
con ions of conditional use permits.
e Commission discussed various legal cases related to CUPs and findings of fact.
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. CU-119� Amendment#2
Date of Approval: Oriqinal CUP - November 20 2007 by the City Council in
accordance with Sec. 11.10. Subd. 2 and Section 11.30 of
City Code Amendment 2 A�proval —Auqust 3, 2011
Issued To: Heartland Adult Daycare a subsidiary of DRAM Properties�
Inc.
Approved Location: 800 Boone Avenue North Golden Valle�MN
Approved Conditional
Use: To allow for an adult day care center in the Liqht Industrial
zoning district.
Conditions of Approval:
1. All signage shall meet the requirements of the City's Sign Code. The Golden Ballroom
sign shall be removed immediately.
2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled
"Existing Site Plan" shall become a part af this approval.
3. The adult day care shall be limited to the amount of clients specified by the Minnesota
Department of Human Services.
4. The hours of normal operation shall be from 7 am ta 5:30 pm with the exceptian of
occasional evening social functions.
5. All improvements to the building sha11 meet the City's Building Cods requirements.
6. All necessary licenses shall be obtained by the Minnesota Department of Human
Services and the Minnesota Department of Health before adult daycare operations
may commence. Proof of such licensing shall be presented to the Director of Planning
and Development.
7, AI1 outdoor trash and recycling containers shall be screened in a manner aceeptable
to the Inspections Department.
8. The trailer used for storage and other temporary storage buildings shall be removed
from the site immediately.
9. Inflow and Infiltration rehabilitation compliance shall be completed within 90 days of
the approval of the amended CUP. If the work is not completed by that time, the
City has the right ta use the posted escrow to complete the work.
10. The applicant shall provide an onsite bicycle rack allowing parking for a minimum of
five bicycles.
11. The requirements found in the memo to Mark Grimes, Director of Planning and
Development, from Ed Anderson, Deputy Fire Marshal, and dated May 17, 2011
shall become a part of these requirements.
12. All other applicable local, state and federal requirements shall be met at all times.
13. Failure to comply with ane or more of the above conditions shail be grounds for
revocation of the conditional use permit.
Warning: This permit does not exempt you from all other city code provisions,
regulations, and ordinances.
�
Issued by:
Mark Grimes, Director of Planning and Development �
��� �� �
� ��,�
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Ph����a1 I��e�+�l�pm���I�a���.�tmen�
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__
_
Date: November 26, 2018
To: Golden Valley Planning Commission
From: Emily Goellner,Associate Planner/Grant Writer
Subject: Informal Public Hearing—Zoning Code Text Amendment—Amending Business and
Professional Offices (BPO) Zoning District
Background
The Business and Professional Offices (BPO) Zoning District regulations have not been updated in
several decades. As the Comprehensive Plan and City Code were updated in 2018, staff saw the
opportunity to modernize the District to accommodate tech and healthcare uses, such as clinics
and laboratories for research and development. Staff reviewed the Office Districts in St. Louis
Park, Plymouth, Edina, Roseville, Bloomington, and Woodbury to inform this discussion. The
following recommendations have been prepared for a discussion with Planning Commission.
_ _... _.........
' Use listed in BPO District ' Staff Recommendation
; _. . .... _. ................................. .. ... . ........................................ _. ... _ _
Offices ' Keep as permitted principal use
_ � __ _..
; Essential services, Class I ' Keep as permitted principal and accessory use ;
; .. .......... ........ _......................... _......... _._ .. _.. .... _:
Adult day care centers ' Keep as conditional use
_ _ ,__ __ _ _:
Child care centers Keep as conditional use
,..... . . _ _ :
' Daytime activity centers or other Keep as conditional use
' facilities providing school and or '
training for disabled people '
_..
' Financial Institutions, including Move from conditional use to permitted principal use when ;
' drive-through facilities !! no drive-through is present; keep as conditional use if drive-
through is present
__ . __.... _.......... _
' Heliports '; Keep as conditional use, but add "accessory to a professional :
: office building"
_ _ __
; Limited retail services within a Keep as conditional use
professional office building
_ __ _ _ _
_ __... _. _..._ _.
Recreational facilities such as ball ' Remove examples "such as ball fields, swimming pools, and
' fields, swimming pools, and playgrounds" and move from conditional use to permitted
' playgrounds accessory use
__ _ _ _ .............. _:
! Other uses which, in the opinion Remove to increase predictability and reduce uncertainty for
of the City Council, are City and property owners
; compatible with the uses '
specifically described above
__. __... : :
Permitted and conditional uses in ' Keep as conditional use
; buildings exceeding three stories '
' in height
�...
Clinics—medical, dental, or ; Add as permitted principal use
optical '
_ .
Laboratories—medical, dental, Add as conditional use
or research and development
_ _.... _ __
Properties Affected
There are currently 64 properties zoned for Business and Professional Offices (BPO) in the City. In
a brief analysis conducted, staff found that all properties comply with the uses proposed in this
memorandum. Several BPO properties are also PUDs (see attached map). There are 31 additional
properties that will be guided for OfFice use when the 2040 Comprehensive Plan is adopted.
District Name and Purpose
It may be helpful to simplify the name of this District by renaming it as the Office Zoning District
(0). It may also be helpful to modernize and enhance the stated purpose of the District:
� __ __ . . �_ . _ _.. _.��
Current Purpose of District
___ ....................:
' The purpose of the Business and Professional OfFices Zoning District is to provide areas
! designated for the construction, maintenance, and use of offices for persons engaged in business
'; pursuits not involving the sale of or handling of goods, wares, merchandise, or commodities.
_ .. __ __ .... ......... _.......... ;
Proposed Purpose of District
__ ___.. ......... _ _
The purpose of the Office Zoning District is to provide areas for the offices, clinics, day care
` centers,financial institutions, and other compatible uses that serve local and regional needs.The
! District fosters employment opportunities and encourages transitions between land uses.The
District is not intended to serve as an area for the sale, handling, or production of goods, wares, ;
and merchandise.
_.._ __ _.... _......... .. ;
Pawnshops and Payday Loans
The Planning Commission discussed whether pawnshops would be allowed in this district as a
Financial Institution. Staff has determined that pawnshops are a retail use and would be allowed
. only in the Commercial Zoning District. Pawnbrokers must obtain a license from the City to
operate in Golden Valley.
Staff has also determined that payday loans are considered Financial Institutions. Excluding them
specifically would likely be considered arbitrary and capricious since concerns are focused more
on the activity's impact on the personal finances of its clients rather than on the impact to
surrounding property owners. Payday lenders must be licensed by the Minnesota Department of
Commerce. It is not standard practice for a local government to require a license for payday
lenders.
Summary of Recommendations
Staff recommends amending Section 113-95 of the Zoning Code.
Attachments
Unapproved Planning Commission minutes dated November 13, 2018 (3 pages)
Sec. 113-95 Zoning District Regulations, Underlined Overstruck (3 pages)
Map of BPO Properties (1 page)
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 8
, onditions
Storage is authorized for automobile nd light truck dealership sales inventory only
nd shall not extend to other vehicle or equipment.
2. e maximum number of spaces for ermitted for inventory storage shall b ited
to 6.
3. Vehi deliveries or loading shall not ake place on Zane Avenue or � in the
parkin t. Inventory vehicles must b delivered or loaded elsewh� and driven to
and from e site individually. ��
4. Hours of o ation shall be limited to am to 10 pm, Mondayl��ough �aturday.
5. Vegetative sc ning must be mainta, ed in a strip 60 feet �e al�ng the e�stern
property line as isual buffer for the': djacent single-fam' ` homes.
6. Site lighting must c ,, ply with all req ; ements of the Ci Code withouf benefit of
any legally non-confo , ing use.
7. This approval is subject all other st��e, federal, a local ordinances, regulations,
or laws with authority ove�� . is develo�ment.
..�
4. Informal Public Hearing —20� . C pre sive Plan Update
Applicant: City of Golden Valle ,
�,,,
Purpose: Final review of 204 ` om�,. hensive Plan Update
.,y�
Zimmerman noted that the City has ent � e last and half years updating its
Comprehensive Plan. He stated t sta�f �:` s receivet�; proximately 50 comments and
has made some final adjustme, based o those comm� ts. He explained that the plan
has nine chapters and a nu r Qf appen °rces and that a ''° Icome statement and a
vision statement have bee' ddecl and fiha`�`the plan is now r� dy for the public hearing
portion of the process. �'
Baker stated tha� h es the inclusion of t ��� vision statement. Seg� _ aum commended
staff on their har r , ork. Johnson agreed a � stated that in the welco " statement the
words immi�ra ' n status are vague and th �°� if the Council wants to mak' bold
statem�nt th shauld say``it.
Baker o ed the public hearing. Seeing a hearing no one wishing to comm� t, Baker
;
closed e public hearing.
M ED by Johnson, seconded by Blum an motion carried unanimously to recom d
a roval of the adoption of the 2040 Compr hensive Plan Update.
5. Discussion — Business and Professional Offices Zoning District
Goellner stated that there is an opportunity to modernize the existing code language for
the Business and Professional Offices Zoning District. She explained that staff is
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 9
proposing to add tech uses, healthcare uses, considering removing the catch-all provision
for uses not listed, updating the name of the district, and rewriting the purpose statement.
Goellner explained that the proposed new language keeps offices and class 1 essential
services as permitted uses. It would keep adult day care centers, child care centers, ,
daytime activity centers or facilities providing school and or training for disabled people,
limited retail services, and permitted and conditional uses in buildings exceeding three
stories in height as conditional uses. She stated that the proposed new language
proposes to move financial institutions from a conditional use to a permit�e�i us�when no
drive-through is present, it would keep heliports as a conditional use but the words
"accessory to a professional office building"would be added. It would move recreational
facilities from a conditional use to a permitted accessory use and if would add medical,
dental, or optical clinics as a permitted use and medical, dental, or research and
development laboratories as a conditional use. Lastly, the praposed name of the district
would be changed to Office instead of Business and Professianal O�ces.
Blum said he thinks the suggested changes are g�od. He ref�rred to the language
regarding financial institutions and suggested resfiricting pawn shops because they don't
fit the common understanding of financial institutions. Zimrnerman noted that generally if
a use is not listed as a permitted or conditic�nal us� it is a prohibited use.
Brookins questioned if check cashing facilities should be listed. Blum said he has
reservations about allowing uses tha�fiake,�dvantag� of people. Brookins stated that
"financial institutions" is vague anc� questioned if that includes mortgage companies, etc.
He asked if pawn shops are allow�d in other zoning districts. Baker suggested using the
word "banks" instead of"financ'ral institutions" and noted that the City encourages low
income housing and that they may need payday loan facilities. Brookins said he just
wants to be clear about where these types of uses can operate. Goellner noted that other
cities use "bank, credit union, ar other financial institutions." Segelbaum suggested further
study regarding which term to use, Johnson said he wants to make sure both sides are
considered and that if� cvmpany has a legal right to function they should be able to.
Johnson referred to language regarding recreational facilities and said he thinks it is a
good id�a to r�move th�e�listed examples, but suggested there be a definition of
recreation�l facilities. He added that he thinks changing the title is a good idea.
Segelbaum asked if this language applies to home occupations. Zimmerman said no,
home occupations are permitted in the R-1 Single Family Zoning District and this
proposed amendment is just in regard to the Business and Professional OfFces district.
Goellner noted that several cities allow hospitals as a conditional use in their office
districts. Baker asked where hospitals are currently allowed. Goellner stated they are
allowed in the Institutional Zoning District.
Segelbaum asked about surgical centers. Goellner said it would depend if the patients
stay overnight. Baker asked if the clinic definition is clear.
Minutes of the Golden Valley Planning Commission
November 13, 2018
Page 10
Segelbaum referred to the language regarding the handling of goods in the purpose
statement and questioned if a sales office would be permitted. Goellner noted that staff is
going to be creating a comprehensive list in the future of all of the uses allowed in all of
the zoning districts. She added that this item will come back to the next Planning
Commission meeting for a public hearing.
--S rt Recess--
Reports on Meetings of the Hou ,` ng and Redevelopment Authorifiy, City
Council, Board of Zoning Appea ` and other Meetings
No rep s were given. '
I�� '
7. Other ., siness ' r�
• Council { ison Report �
�
��
No reportwas given�. �
,:.�
8. Adjournment � .' �����
`a �:
The meeting was adjourned at�� 8
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Blum, Secretary Lisa Wittman, Administrative Assistant
Sec. 113-95.- Office�s Zoning District.
(a) Purpose. The purpose of the R��6„�� �^�ti���Offices Zoning District is to provide areas
� ,
for the offices, clinics, day care centers, financial institutions, and other
compatible uses that serve local and regional needs. The District fosters employment opportunities
and encouraqes transitions between land uses. The District is not intended to serve as an area for
the sale of or handling of goods, wares, merchandise, or commodities.
(b) District Established. Lots shall be established within the ��^,�� �^-�„a �-r•���^a�Offices Zoning
District in the manner provided for in Section 113-29. The district established and/or any subsequent
changes to such district shall be reflected in the Official Zoning Map of the City as provided in
Section 113-56.
(c) Principal Uses. The following principal uses shall be permitted in the �si,��ss� �-��TC�G�JiOTIC7T
Offices Zoning District:
(1) Offices;-a�
(2) Clinics—Medical, Dental,or Optical
(3) Financial Institutions; and
(4�) Essential services, Class I.
(d) Accessory Uses. The following accessory uses shall be permitted in the��;,;�s� �^�, �',a-�;���^a;
Office�s Zoning District:
(1) Essential services, Class I.
(e) Conditional Uses. The following conditional uses may be allowed after review by the Planning
Commission and approval by the City Council in accordance with the standards and procedures set
forth in this chapter:
(1) Adult day care centers
(2) Child care centers
(3) Daytime activity centers or other facilities providing school and/or training for disabled people a
(4) , ' Drive-through facilities for Financial Institutions
_(5) Heliports accessory to a professional office
(6) Limited retail services�cce�s�ry�ti�an�a�c�and within a professional office building
(7) Recreational facilities within a professional office building; andc,�^" ^� h�ll fiolrl� �i�iimminn
,
_ , ,
;
(9) Laboratories—medical, dental,or research and development
(9) Permitted and conditional uses in buildings exceeding three stories in height.
(fl Principa/ Structures. Principal structures in the ��;,;�s� ^^�#�s;��Offices Zoning District
shall be governed by the following requirements:
(1) Setback Requirements. The following setbacks shall be required for principal structures in the
� �^� s�^�r^��;��Offices Zoning District:
a. Front Setback.
1. The required minimum front setback shall be 35 feet from any front lot line along a
street right-of-way line. All front yards shall be maintained as landscaped green areas.
2. In the case of a building over three stories, the front setback shall be increased five
feet for each additional story over three stories or each additional 10 feet above a
height of 30 feet.
b. Side and Rear Setbacks.
1. For lots adjoining an R-1 or R-2 Zoning District, the required side yards shall be no
less than 50 feet in width and the required rear yards shall be no less than 50 feet in
depth.
2. For lots adjoining an R-3, R-4, ��;,� ^^-�-����;�;�;-Offices, or Institutional
Zoning District, the required side yards shall be no less than 30 feet in width and the
required rear yards shall be no less than 30 feet in depth.
3. For lots adjoining a Commercial, Light Industrial, Industrial, or I-394 Mixed Use Zoning
District or railroad right-of-way, the required side yards shall be no less than 20 feet in
width and the required rear yards shall be no less than 20 feet in depth.
4. In the case of a building over three stories, the side and rear setbacks shall be
increased five feet for each additional story over three stories or each additional 10
feet above a height of 30 feet.
5. One-half of the required side and rear yards, as measured from the lot line, shall be
landscaped, planted, and maintained as a buffer zone.
(2) Height Restrictions. No building or structure shall be erected with a height in excess of three
stories or 36 feet, whichever is less, in the oa:;^����;o ��-rTv�co.��^,�;n;-Offices Zoning District. All
necessary mechanical equipment and elevator penthouses will not be included in computation
of building height. The City Council may grant a conditional use permit for a taller building.
(g) Accessory Structures. Accessory structures in the ops;^��-a^� �� �-�s�;�-Office�s Zoning District
shall be governed by the following requirements:
(1) Location and Setback Requirements. The following location regulations and setbacks shall be
required for accessory structures in the oa��;e�� �^��s;��Office�Zoning District:
a. Location. A detached accessory structure shall be Iocated completely to the rear of the
principal structure, unless it is built with frost footings. In that case, an accessory structure
may be built no closer to the front setback than the principal structure.
b. Front Setback. Accessory structures shall be located no less than 35 feet from the front lot
line.
c. Side and Rear Setbacks. Accessory structures shall be located no less than the required
setback for principal structures in the oa�;T�� ^^��,�ss;��-Offices Zoning District
from a side or rear lot line.
d. Cornices and Eaves. Cornices and eaves may not project more than 30 inches into a
required setback.
e. Separation Between Structures. Accessory structures shall be located no less than 10 feet
from any principal structure and from any other accessory structure.
f. Alleys. Accessory structures shall be located no less than 10 feet from an alley.
(2) Height Restrictions. No accessory structure shall be erected in the oa�;^�;�a;a ���� ��•�
Offices Zoning District with a height in excess of one story, which is 10 feet from the floor to the
top horizontal component of a frame building to which the rafters are fastened (known as the
"top plate"). For the purposes of this regulation, the height of a shed roof shall be measured to
the top plate. Attic space in accessory structures shall be used only for storage and/or utility
space.
(3) Number and Size. Only one accessory structure shali be allowed on each lot and no accessory
structure shall be larger in size than the principal structure. In no case shall an accessory
structure be greater than 1,000 square feet or less than 120 square feet in area. Accessory
structures include storage buildings, detached sheds, greenhouses, gazebos and other
shelters. Accessory structures not used solely for storage and related activities shall have open
sides from floor to ceiling, except that they may have railings and temporary screening (used
only on two sides at a time), all constructed in accordance with the building code.
(4) Design. All accessory structures constructed after the construction of the principal structure
must be designed and constructed of similar materials as determined by the City Manager or
his/her designee.
(5) Building Permits. All accessory structures located in an �s;,;��� ^^-�-��,���;aT a;-Office�
Zoning District require a building permit.
(6) Parking Structures and Garages. Parking structures and garages shall not be considered
accessory structures if they are used to meet the required number of parking spaces.
(h) Buildable Lots. No building or structure Iocated in the ��;,^,�s ^���of�ss�or�� Office�s Zoning
District shall be located on a parcel of land that is less than one acre in area or less than 100 feet in
width.
(i) Lot Coverage. No building or structure or group thereof, shall occupy more than 40 percent of the
total land area of any lot or parcel in an ��:,^,�� ^^-�-�����na;-Offices Zoning District. An
additional 20 percent of the land area shall be allowed for the construction of a parking structure.
(Code 1988, § 11.45; Ord.No. 541, 5-8-1981; Ord.No. 643, 11-16-1984; Ord.No. 80, 2nd
Series, 11-28-1991; Ord. No. 264, 2nd Series, 12-13-2002; Ord.No. 271, 2nd Series, 11-15-
2002; Ord.No. 344, 2nd Series, 5-25-2006; Ord.No. 346, 2nd Series, 7-1-2006; Ord.No. 396,
2nd Series, 3-28-2008)
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