01-27-2020
REGULAR MEETING AGENDA
1. Call to Order
2. Approval of Agenda
3. Approval of Minutes
January 13, 2020, Regular Planning Commission Meeting
4. Continued Informal Public Hearing – CUP Amendment
Applicant: Home Health Care Plus, Inc.
Address: 800 Boone Avenue North
Purpose: To modify an existing condition that limits the use of Boone Ave for loading, unloading,
and parking of buses and vans
5. Discussion – Narrow Lots
‐‐Short Recess‐‐
6. Council Liaison Report
7. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning
Appeals, and other meetings
8. Other Business
9. Adjournment
January 27, 2020 – 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
REGULAR MEETING MINUTES
Call to Order
The meeting was called to order at 7 pm by Chair Blum
Roll Call
Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Ari
Prohofsky, and Chuck Segelbaum
Commissioners absent: Ryan Sadeghi,
Staff present: Planning Manager Jason Zimmerman and Planner Myles Campbell
Council Liaison present: Not Assigned
Approval of Agenda
MOTION made by Brookins, seconded by Johnson to approve the agenda of January 13, 2020, as
submitted and the motion carried unanimously.
Approval of Minutes
MOTION made by Baker, seconded by Johnson to approve the December 9, 2019, minutes as submitted
and the motion carried.
Continued Informal Public Hearing – CUP Amendment
Applicant: Home Health Care Plus, Inc.
Address: 800 Boone Avenue North
Purpose: To modify an existing condition that limits the use of Boone Ave for loading,
unloading, and parking of busses and vans
Staff announced that the applicant was requesting that the public hearing be delayed until additional
plans from the architect could be provided for presentation.
MOTION made by Baker, seconded by Brookins, to table the agenda item to the January 27, 2020,
Planning Commission meeting and the motion carried unanimously.
January 13, 2020 – 7 pm
Council Chambers
Golden Valley City Hall
7800 Golden Valley Road
City of Golden Valley Planning Commission Regular Meeting
January 13, 2020 – 7 pm
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Informal Public Hearing – Zoning Map Amendments
Applicant: City of Golden Valley
Address: I‐394 Corridor Mixed Use Properties
Purpose: To rezone properties located in the I‐394 Corridor from I‐394 Mixed Use to a variety
of other zoning designations including Mixed Use, Commercial, Office, Medium
Density Residential, High Density Residential, and Institutional, as documented in
the City’s 2040 Comprehensive Plan
Jason Zimmerman, Golden Valley Planning Manager, reminded the board that the I‐394 Mixed Use
zoning designation was approved in late 2019 and took effect at the start of 2020. This rezoning has
different subdistricts and has designations by scale and intensity; i.e. Community Mixed Use or
Neighborhood Mixed Use. Golden Valley’s 2040 Comprehensive Plan is scheduled to be adopted on
February 4, 2020. Part of that Comp Plan is an updated Future Land Use Map and state statute requires
consistency between land use and zoning.
Zimmerman displayed a map showing the exact location of discussion. He then displayed the 2040
Future Land Use Map and explained that this map guides the rezoning.
Zimmerman gave a history of the rezoning conversation and how it began in 2016 at an open house at
City Hall. The conversation progressed in to 2017 at a Planning Commission meeting then in 2018 was
part of the 2040 Comp Plan that was recommended for approval. In 2019 City Council directed staff to
submit the approved plan to Met Council and in 2020 they are expected to approve. In February of 2020,
City Council is expected to adopt the 2040 Comp Plan and the I‐394 rezoning is part of that approval.
Zimmerman went in more detail on the property types:
21 properties to remain mixed use
23 properties are part of a PUD (Planned Unit Development)
18 properties rezoned away from mixed use
o 14 to Commercial
o 2 to Institutional
o 1 to Office
o 1 to Medium‐Density Residential (R‐3)
Zimmerman reiterated that the rezoning was done in an effort to more closely align the properties with
their current use, not to prepare for a proposed project. He stated that businesses would be allowed to
continue with current uses and site layouts under a legally non‐conforming status. He continued that if
the City chooses not to rezone any of these properties, the Future Land Use Map would need to be
amended with the Met Council.
Commissioner Segelbaum asked Zimmerman what would happen if the use on the rezoned PUDs
changed. Zimmerman stated that the underlying zoning generally reflects what’s happening on site and
the rezoning will more closely align with current uses. The PUD itself dictates more detail and if that
City of Golden Valley Planning Commission Regular Meeting
January 13, 2020 – 7 pm
3
were to change, the PUD would need to be amended or revoked; then the zoning would govern further
use.
Commissioner Johnson asked about the distinction between rezoning a property and changing a land
use. Zimmerman replied that it’s almost the same thing but the land use map is suggesting a particular
zoning and the zoning of property implements regulatory language.
PUBLIC HEARING
Greg Hayes, Lupient Auto Group, asked if there would be a more detailed explanation of
the difference between commercial and residential zoning.
Mike Baskfield675 Rhode Island Ave S, asked for clarity on what the rezoning means for his
commercial business.
Susan Myer, 510 Pennsylvania Ave, all summer the cars go through the stop sign on Laurel
and Pennsylvania. If more apartments are to be added, then a roundabout or another stop sign should
be added.
Don Taylor, 5120 Circle Down, living in a currently high density living area and would like
clarity on definitions between neighborhood and community. Mentioned wanting to see retail buildings
put in the rezoned areas that will add value aside from high density living buildings.
Joanna Hyman, 95 Oregon Ave S, is curious about the impact of more high density
residential and the resulting overcrowding at Meadowbrook Elementary. She also stated that she
supports mixed use properties that provide retail/commercial on the first floor and high density
residential on the upper levels. Requested a more clear definition of what mixed‐use means.
John Bean, 501 Radisson Road, Requesting clarification and what the rezoning means, and
if it will be easier for more buildings to be built.
Chair Blum, closed the public hearing section at 7:30 pm
Chair Blum addressed the questions from the public hearing and asked staff to point residents to
definitions of the zoning changes.
Zimmerman responded that the packet definitions were general but the zoning code for Golden Valley is
accessible to the public and has a detailed descriptions of each zoning classification. Zimmerman went
on to state that when the re‐zoning was approved, part of the equation was to encourage small‐scale
neighborhood services in the mixed‐use properties. Addressing other questions, Zimmerman reiterated
that the rezoning wasn’t done with a building plan in place but done rather to encourage projects as the
market creates opportunities. He also reiterated that this rezoning is not allowing for more high density
housing but actually scaling back on that in this particular area.
Chair Blum mentioned that residents should read the city code, accessible through the City of Golden
Valley website, as well as look at past meeting videos and minutes.
City of Golden Valley Planning Commission Regular Meeting
January 13, 2020 – 7 pm
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Zimmerman addressed the difference between Neighborhood Mixed Use and Community Mixed Use.
Neighborhood Mixed Use are those with more neighborhood amenities and with modest building height
regulations. Community Mixed Use has less modest building height regulations, development can be a
larger scale, parking was addressed, and pedestrian friendly amenities. Zimmerman echoed the Chair’s
suggestion to view past meeting videos and read previous minutes. He also stated that this rezoning
process did not include a traffic study and therefore there wasn’t immediate data for the stop sign on
Laurel, per the resident inquiry. Contact information for the City’s engineering department was shared as
well as an invitation to connect with other questions.
In regards to the overcrowding at Meadowbrook, the Commission and staff discussed that enrollment
projections are part of the City Comp Plan and the City has no jurisdiction over the school’s enrollment
cap. As of today, Meadowbrook’s cap is at 800 students.
Chair Blum asked staff what the expected date is for the City Council to take action. Zimmerman
responded that it will occur on February 4th, 2020, the same meeting that the Comp Plan will be
considered for adoption.
MOTION made by Commissioner Brookins to recommend City Council approval of the presented
rezoning of the I‐394 Corridor Mixed Use Properties. Seconded by Commissioner Johnson and passed
unanimously.
DISCUSSION – Tobacco Sales Restrictions
Myles Campbell, Golden Valley Planner, gave a presentation on tobacco sales zoning regulations that
the City Council requested the Planning Commission to consider. Amendments to the handling of
tobacco sales were first raised as potential work items through the City Council’s 2019 goal setting
process. Tobacco licensing was amended and approved in October of 2019 and previous conversations
occurred at three other meetings in 2019.
Campbell presented the commission with an extensive list of licensing changes and explained the 3 goals
of amending the zoning code in conjunction with those changes.
Restrictions placed on tobacco licenses are extremely effective at creating a safer tobacco sales
environment, but are still linked to the license itself and deal mostly in the operation of the
retailer.
Zoning can be used to place restrictions applicable to all commercially zoned land, and can be
more effective at combatting retailer density or accessibility to youth consumers.
A combination of both zoning and licensing controls gives the city a more comprehensive
procedure to mitigate the negative public health impacts posed by tobacco retailers.
City of Golden Valley Planning Commission Regular Meeting
January 13, 2020 – 7 pm
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The three new regulations that City staff and the Planning Commission examined, per the City Council
direction are:
Permitted zoning districts
Proximity to other land uses
Site requirements
Campbell expanded on each item.
Permitted Zoning Districts
Commercial Permitted
I‐394 Permitted with conditions
Revised Mixed Use Permitted with restrictions
Campbell explained that in order to have proximity restrictions on tobacco sales, the districts would
need to list tobacco sales as a restricted use or a conditional use. In addition, many communities
have used proximity restrictions to decrease the overall density of tobacco retailers and access to
youth consumers. These two types of proximity restrictions are
Proximity to Youth‐Oriented Uses
o Reduces distance between retailers and places like parks, schools, and community
centers
Proximity to Other Tobacco Retailers
o Requires a minimum distance between retailers to reduce over‐densification
Looking throughout the metro area for ordinances to model, staff found only Minneapolis and Saint
Paul have these restrictions. Based on size, the parameters aren’t transferable to Golden Valley.
However, Campbell presented a model ordinance from the Public Health Law Center. Utilizing this
model, staff created four scenarios with potential buffer distances and displayed that model for the
Commission. Campbell presented maps of the City of Golden Valley with each buffer option as an
overlay.
As a final consideration, Campbell discussed updating site design requirements to assist in limiting
the public health impact of tobacco. For each of the potential code amendments, there must be
reasonable justification and have a clear link to the City’s stated interest in diminishing the negative
health impact of tobacco consumption.
Commissioner Segelbaum asked Campbell to clarify if a “tobacco retailer” includes gas stations.
Campbell responded that a tobacco retailer includes anyone with an active license to sell tobacco
products.
Commissioner Johnson asked if the City has already approved licensing changes related to tobacco
sales and Campbell responded affirmatively and reminded the commissioners the information is in
their agenda packet.
City of Golden Valley Planning Commission Regular Meeting
January 13, 2020 – 7 pm
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Commissioner Baker mentioned the revised ordinance to cap tobacco retailers in the City at eight as
currently there are 15. He asked if reducing that number by license lapsing will be City imposed or
volunteered. Jason Zimmerman, Golden Valley Planning Manager, stated that it will be volunteered.
Campbell added that if someone came in to apply for a new license, they would not be approved as
the retailer cap is already above eight.
Commissioner Pockl asked if the cap was eight retailers, does that also mean eight is a minimum to
maintain. Campbell responded in the negative, currently there is not a minimum to maintain.
Baker commented that capping the tobacco retailers to eight is already pretty restrictive and it
seems unlikely a new license would be granted. Segelbaum echoed the statement.
Johnson stated the Planning Commission bylaws direct discussion to environmental and land use
concerns, not social or health concerns. While these issues are important, it’s imperative the
Commission adhere to its discussion topics. Baker responded that in addition to items stated in the
bylaws, the Commission is charged with addressing items as requested by the City Council. This topic
being an example of that.
Zimmerman mentioned the zoning chapter in the city code creates an overlap in responsibility as it
states:
Sec. 113‐2. ‐ Purpose.
The purpose of this chapter is to regulate land use within the City, including the
location, size, use, and height of buildings, the arrangement of buildings on lots, and
the density of population within the City for the purpose of promoting the health,
safety, order, convenience, and general welfare of all citizens of the City.
Therefore, this topic is relatable to the Planning Commission as defined by Sec. 113‐2.
Commissioner Brookins stated that if there is to be only one zoned area to allow tobacco sales, he
would choose Commercial. The Commission was unanimous in supporting this statement and adding
that it be Commercial with restrictions.
The Commission was unanimous in deciding to not be in favor of the City regulating the density of
tobacco retailers.
Brookins stated that he supports regulating tobacco retailers around areas of assembly at 500 feet.
Pockl asked if the zoning code had a definition for a “youth oriented facility”. Zimmerman stated that
currently there is not a definition.
Commissioner Prohofsky stated that the proximity regulation of tobacco retailers around schools
should be 1000 feet at a minimum. He continued that changing signs won’t do much, if tobacco is
being sold at a location, people will know. He added witnessing minors soliciting older adults to
purchase tobacco for them and making a retailer further from an area of congregation, will make
that process more difficult. Segelbaum echoed this statement.
Campbell stated he will provide maps showing the difference between distance proximities at the
next meeting.
City of Golden Valley Planning Commission Regular Meeting
January 13, 2020 – 7 pm
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Johnson stated there should be alignment between smoking in public places and these potential
proximity regulations. Pockl stated that the Public Health Law Center has s definition of youth
oriented facilities and that definition should be considered when defining the same term for Golden
Valley. Zimmerman stated that the group should consider ease of enforcement, a mapped buffer
zone is clearly defined. He added that according to city code, smoking is prohibited in public parks
and recreation facilities. Chair Blum said that fact reinforced his opinion that a proximity regulation
should be instated in an area where smoking is prohibited.
Pockl restated her previous question and asked if the cap is at eight allowable locations, does that
also mean eight is a minimum to maintain. Campbell responded in the negative and added that if
there are seven or fewer allowable locations, then that would be a red flag to staff that restrictions
are potentially not reasonable.
When mentioning potential site requirements for tobacco related businesses, the members agreed
that signage should be regulated. Campbell reminded them that signage regulation can’t be specific
to only tobacco retailers but must be consistent with other businesses. Baker mentioned that he’d
like to see something akin to firearms regulation where the product can’t be displayed outwardly.
Zimmerman added that signage and displays are different.
In summary, at the next meeting:
Staff will provide options regarding Commercial as the permitted district, with restrictions.
Staff will not look at density of tobacco retailers.
Staff will research proximity restrictions and provide maps with buffer examples, specifically
to youth oriented facilities, as defined by Commissioners.
Staff research into sign restrictions will be approached at a later date.
‐‐Short Recess‐‐
Council Liaison Report
None given.
Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning
Appeals, and other meetings
None given.
Other Business
Zimmerman reminded the Commissioners of the Narrow Lot Public Forum on Thursday, January 16.
Chair Blum and Commissioner Baker indicated they would attend and the group discussed the role of
Commissioners at the meeting. It was agreed that they should represent the Commission and keep their
personal feelings on the issues private at the Forum.
City of Golden Valley Planning Commission Regular Meeting
January 13, 2020 – 7 pm
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Adjournment
MOTION made Commissioner Segelbaum, seconded by Commissioner Pockl and the motion carried
unanimously to adjourn the meeting at 9:15 pm.
________________________________
Adam Brookins, Secretary
________________________________
Amie Kolesar, Planning Assistant
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Date: January 27, 2020
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Amend Conditional Use Permit (CU‐119) Modifying the
Condition Regarding the Use of Boone Avenue North
Property address: 800 Boone Avenue North
Applicant: Home Health Care Plus, Inc. 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)
2018 aerial photo (Hennepin County)
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Summary
The operators of the adult day care located at 800 Boone Avenue North are requesting an
amendment to the current Conditional Use Permit (CUP) in order to modify a condition that
prohibits the use of Boone Ave for loading, unloading, and parking of vehicles related to the adult
day care business. This item was continued from the December 9, 2019, and January 13, 2020,
Planning Commission meetings.
Background
The existing CUP was amended by the City Council in November of 2018. At that time, based on
concerns regarding safety and visibility along Boone Avenue, a condition was approved that
requires all loading, unloading, and parking of vans and buses to take place in the parking lot and
not on Boone Avenue.
In September of 2019, staff observed buses parked on the east side of Boone Ave and loading
and unloading clients of the adult day care. A letter was sent to the property owner reiterating
the condition that had been approved. In response, the operators of the adult day care indicated
they were unaware of this restriction and had not been notified or included in the decision when
it made. Due to what they see as a critical aspect of their site operations, they have applied for a
CUP amendment in order to revise the condition and to allow loading and unloading to continue
along the east side of Boone Ave.
The applicant has produced an updated license for the business from the Minnesota Department
of Human Services, issued August 1, 2019, that allows 350 clients to be served on site.
Proposal
The adult day care facility operates from 8 am to 4:30 pm on weekdays. In addition to on‐site
services, two buses and 22 vans transport individuals to and from their homes daily as well as to
and from other locations in the surrounding communities. When these buses and vans are not in
use, they park in the parking lot located to the south and east of the building. This lot not only
serves the adult day care, but also provides 77 spaces for the home health care business that
operates out of the north portion of the building. Two buses and five to ten vans typically remain
in the parking lot overnight.
The applicant has indicated that 26 buses/vans arrive on Boone Avenue in the morning over a
period of about an hour (7:50 am to 8:55 am). The timing is staggered so that only two vehicles
arrive at a time; it takes 5‐10 minutes to unload each vehicle. In the afternoon, 20 buses/vans
arrive between 1:40 and 2:45 pm to pick up clients. During the day, approximately 8 vehicles
depart and return between the hours of 10:00 am and 12:30 pm; in the summer, additional field
trips occur between 10:00 am and 1:30 pm. Each of these individual trips require a bus or van to
be parked on Boone Avenue for approximately 30 minutes.
Because of the challenging circulation conditions within the parking lot, the lack of accessible
accommodations at the southeast entrance, the smaller size of this entrance, and where—within
the building—the clients are located for the rest of their day, the applicant has stressed the
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importance of maintaining the use of Boone Ave for loading and unloading rather than
conducting this activity on‐site as the current condition requires.
Boone Ave is scheduled to be modified for on‐street bike lanes in 2020. Installation of these
bicycle facilities would likely require the removal of on‐street parking on both sides of the road.
The applicant has agreed that should the bike lane installation move forward as planned, a
separate conversation would need to take place with City staff about the specific needs of the
business. Those options are not being considered as part of this CUP amendment.
Zoning Considerations
Planning staff has reviewed the application and has the following comments and concerns:
Parking
Based on the number of clients the adult day care is licensed to serve and the square footage of the
home health care offices that share the building, it appears the parking lot in its current
configuration has a sufficient number of parking spaces to meet the minimum requirements of the
City Code. [Sec 113‐151, Subdiv (c)]
Use Requirement Existing Conditions Spaces Required
Adult Day Care 1 space per 5 clients 350 clients 70
Office 1 space per 250 sq ft 16,605 sq ft 67
Total Required 137
Existing Spaces 155
Staff also believes there are inefficiencies in the layout of the parking lot and it is likely additional
parking spaces could be created with the implementation of a new circulation and parking plan.
Engineering Considerations
Engineering staff has reviewed the application and has the following comments and concerns:
Traffic Conflicts
Staff has concerns regarding potential conflicts with users of Boone Ave (vehicles, bicycles, and
pedestrians), due to the offsets of adjacent driveways as well as the large volume of vehicles
utilizing Boone Ave during peak hours. At a minimum, buses and/or vans should be prohibited
from parking, dropping off, or picking up along the west side of the street.
Evaluation
Staff supports the request by the applicant to continue loading and unloading on the east side of
Boone Ave, with the caveat that future restrictions may be imposed in light of the pending
conversation around on‐street bicycle lanes. Absent those changes, staff believes continuing
operations as they have been conducted over the past 12 years would not present any additional
concerns.
Given the likely removal of parking from Boone Ave with the installation of on‐street bike lanes in
2020, staff believes that the applicant would best be served by providing an area to load and
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unload on‐site – likely directly to the south of the building. While there appear to be parking
spaces in excess of what is required by City Code, concerns raised by the applicant over the loss
of spaces could likely be alleviated with a reexamination of the existing circulation and parking
patterns.
Until parking on Boone Ave is prohibited, staff believes a condition that restricts drop‐offs and
pick‐ups to the east side of the street is sufficient to allow the business to continue to operate
while ensuring the safety of those using the public right‐of‐way.
Staff conducted a site visit on January 21 and toured the inside of the facility and observed the
parking lot conditions. It is clear that the growth of the adult day care operations (from a license
for 70 clients in 2007 to an expanded license for 350 clients in 2019) is straining the capacity of
the site and the ability of the operator to successfully manage the complex machinations that
take place daily. Therefore, staff is recommending a cap on growth be included as a condition of
approval in order to ensure any proposal for future growth include clearly identified upgrades to
the logistics of moving hundreds of clients onto and off of the site daily.
Staff has evaluated the proposed CUP amendment in this light and offers the following findings:
Factor Finding
1. Demonstrated Need for Proposed Use Standard met. The applicant 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 modification of the existing
permit condition would likely 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 or van,
reducing the number of individual trips made
to and from the facility. However, in order to
maintain a smooth flow of traffic, buses and
vans should be prohibited from parking,
loading, or unloading along the west side of
Boone Avenue.
5
Daily operations observed directly by City staff
indicate a complicated sequence of activities
on a site operating at near capacity. Expanding
the adult day care to serve additional clients
would be challenging without additional
attention being paid to improved site
circulation.
5. Effect of Increases in Population and
Density
Standard met. The use does not significantly
impact 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
Housing Policy
Not applicable.
7. Increase in Noise Levels Standard met. Minimum noise is generated by
the buses and vans transporting clients. Past
complaints of noise generated by large events
and evening and nighttime use of the property
have been mitigated by recent conditions
included in the permit.
8. Generation of Odors, Dust, Smoke, Gas, or
Vibration
Standard met. No such problems are
expected.
9. Any Increase in Pests or Vermin Standard met. No such problems are
expected.
10. Visual Appearance Standard met. There are no proposed changes
to the exterior of the building or to the front
yard.
11. Other Effects upon the General Public
Health, Safety, and Welfare
Standard conditionally met. Impacts to the
City and its residents, in the form of traffic
conflicts and public safety concerns on Boone
Avenue, could reasonably be mitigated by
limited the use of the right‐of‐way to the east
side only.
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:
6
1. The adult day care shall be limited to 350 clients, as specified by the Minnesota Department of
Human Services license issued August 1, 2019.
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. Subject to any additional posted traffic regulations, all vans and buses shall be loaded and
unloaded along the east side of Boone Avenue. No vans or buses shall be loaded, unloaded,
or parked along the west side of Boone Avenue. No vans or 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 Marshal, 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.
Attachments
Location Map (1 page)
Conditional Use Permit No. 119, Amendment #3 (2 pages)
Revised Project Narrative (5 pages)
Revised Plan Set submitted January 21, 2020 (4 pages)
SUBJECT PROPERTY
Top 3 inches reserved for recordina data)
CITY OF GOLDEN VALLEY
CONDITIONAL USE PERMIT
No. 119, Amendment#3
Date of Approval: December 18. 2018, by the City Council in accordance with
Section 113-55 (b) and Section 113-93 of City Code
Issued To:DRAM Properties (David Olshansky)
Approved Location: 800 Boone Avenue North, Golden Valley, MN
Approved Conditional
Use: To allow for an adult daycare use in the Light Industrial
Zoninq District
Legal Description: Lot 9, except the North 350 feet of the East 186.69 feet
thereof and further excepting the North 375.15 feet of said
Lot 9 lyina West of the East 186.69 feet thereof; Also that
part of Lot 11, lying North of a line parallel with and distant
635.15 feet south of the North line of said Lot 9, aforesaid;
All in Busch's Golden Valley Acres, Hennepin County,
Minnesota
Check here if al1 or part of the described real properly is Registered(Torrens)
Conditions of Approval:
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 vans and buses shall be Ioaded, unloaded, and parked in the parking lat and
shall not be loaded, unloaded, or parked on Boone Avenue. No vans or buses
Page 2 of 2 Conditional Use Permit
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 Marshal, 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, ar laws with authority over this development.
This permit does not exempt the property owner or occupant from compliance
with all provisions of city code, or any other applicable regulations, laws, and
ordinances.
City of Golden Valley, a Minnesota municipal corporation
a
B/.
J on ' erman, Planning Manager
State of Minnesota
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County of Hennepin
This instrument was acknowledged before me on; er• 2019, by
Jason Zimmerman Planning Manager of the City of olden Iley, a municipal
corporation.
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signature of notarial officer)
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F Notary Public
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THIS INSTRUMENT WAS DRAFTED BY:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
763) 593-8000
NO. DATE REVISIONImproved Bus and Van Drop-Off/Pick-Upfor DRAM Properties800 Boone Avenue NorthGolden Valley, MinnesotaOCTOBER 16, 2019COPYRIGHT ã 2019 BUETOW 2 ARCHITECTS, INC.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED ARCHITECT UNDER THE LAWS OF THESTATE OF MINNESOTARandy L. EngelDATE: REGISTRATION NUMBER: 11331B2#1923BUETOW 2 ARCHITECTS, INC.(612) 455-26262905 DEAN PARKWAY, SUITE AMINNEAPOLIS, MINNESOTA 55416BIIA EXISTING SITE PLAN
1" = 20'-0"
N B A S S E T ' S C R E E K
2 EXISTING SITE PLAN
1" = 20'-0"
N
2B O O N E A V E N U E N O R T HB2#1923NO. DATE REVISIONJanuary 17,
2020COPYRIGHT ã 2015 BUETOW 2 ARCHITECTS, INC.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED ARCHITECT UNDER THE LAWS OF THESTATE OF MINNESOTARANDY L. ENGELDATE: REGISTRATION NUMBER 11331Existing Bus and Van Drop-Off/Pick-upfor Propartners800 Boone Avenue NorthGolden Valley, MinnesotaBUETOW 2 ARCHITECTS, INC.(612) 455-26262905 DEAN PARKWAY, SUITE AMINNEAPOLIS, MINNESOTA 55416BIIEXISTING SITE DATA
SITE:
BUILDING:
·LAND AREA= 3.48 ACRES OR 151,693 SF
·BUILDING FOOTPRINT: 42,655 SF (28%)
·PERVIOUS AREA: 38,340± SF (25%)
·ZONING= LIGHT INDUSTRIAL
·LAND USE= OFFICE (PERMITTED USE)
ADULT DAYCARE (CONDITIONAL USE)
·MINIMUM PARKING REQUIREMENTS
··OFFICE: 16,600 SF/250= 66 SPACES
··ADULT DAYCARE= 350/5= 70 SPACES
TOTAL= 136 SPACES
·PARKING PROVIDED= 169 SPACES
(163 STANDARD AND 6 HC)
·TOTAL FLOOR AREA= 42,655 SF
·ADULT DAYCARE= 26,055 SF(60%)
·OFFICE= 16,600 SF (40%)
·ADULT DAYCARE LICENSED FOR 350 CLIENTS
CURRENT NUMBER OF CLIENTS= 241
·CURRENT USE OF ENTRANCES=
MAIN 175 CLIENTS
EAST 66 CLIENTS
·PROBABLE FUTURE USE OF ENTRANCES:
MAIN 280 CLIENTS
EAST 70 CLIENTSB O O N E A V E N U E N O R T HB A S S E T ' S C R E E K20'-0"SETBACK20'-0"SETBACK20'-0"
SETBACK
35'-0"
SETBACK
STAFF
ENTRY
(HC)
SOUTHEAST
ENTRY
EXISTING DOCK
VEHICLE
ENTRY
VEHICLE
EXIT
EXISTING CANOPY
EXISTING MONUMENT SIGNS
MAIN BUILDING ENTRY (HC)
EXISTING PUBLIC SIDEWALK
EXISTING TREES IN RAISED PLANTER
EXISTING GRASS AREA
ENTRY
STAFF
ENTRY
EXISTING FIRE HYDRANT
NO BUS OR VAN PARKING HERE
EXISTING GRASS AREA
EXISTING ONE
STORY BUILDING
800 BOONE AVE NORTH
EXISTING VEHICLE
PARKING AREA
IN GROUND EXISTING CENTURY LINK
EQUIPMENT VAULT (VERIFY LOCATION)
EXISTING BITUMINOUS PAVINGRAMPEXISTING
DOCK
EXIT EXIT
RAMPEAST
ENTRY (HC)
EXISTING
DOCK EXISTING
LIGHT POLE
EXISTING
LIGHT POLE
TRASH
(FUTURE 5 BICYCLE RACK)
186.99'167.32'150.58'260.00'25.15'406.77'
497.21'20'-0"SETBACKEXIT
EXISTING LANDSCAPED STRIP
HC HC HC NEW
HC
NEW
HC
NEW
HC
EXIT
EXIT
6
7
40
66
6
9
13
17
15
1
7
EXISTING TREE IN
RAISED PLANTER
EXISTING
ACCESSIBLE
CURB
EXISTING CURB
AND GUTTER
EXISTING PUBLIC
SIDEWALK
5'-0"
EXISTING TREE IN RAISED PLANTER
EXISTING SIDWALK
EXISTING SIDWALK
5'-0"5'-0"
A B C D E F G H J L M
J L M
D E F
G H
3.6
2.7
6
5
4
3
3.2
K
A B C
K
COAT ROOM
RECEPTION & WAITING ROOM
RECORD ROOM COPY ROOM
& MAIL
LARGE CONFERENCE
ELECTRICAL ROOM
JAN.
HC
RESTROOM
ELECT. EQUIPMENT ROOM DIRECTOR OF NURSING
PAULA'S OFFICE
DAVID'S OFFICE
BRIAN'S OFFICEZINA'S OFFICE
H.R. / ACCOUNTING OFFICEINTAKE OFFICE
COPY AREA
COAT ROOM
CORRIDOR
COAT ROOM
SPRINKLER
EQUIPMENT
ROOM
ENTRANCE LOBBY
BANQUET / RECEPTION
EXISTING VAULT
-STORAGE-
NURSING OFFICE
MARKETING /ACCT'G OFFICE
FUTURE
WOMEN
WOMEN MEN
RESTROOM
VESTIBULE
OFFICE
CORRIDOR
CORRIDOR
CORRIDOR
VESTIBULE
CORRIDOR CORRIDOR CORRIDOR
HALL
CORRIDOR
ADULT DAY CARE ADULT DAY CARE ADULT DAY CARE
OFFICE
4
5
6
3
2
1
3
2
1
2.7
3.6
ADULT
DAY CARE
FACILITY
EXIT
EXIT
EXIT
OFFICES
STORAGE
SHOWER
JAN
ACTIVITIY
MEN WOMEN
800 BOONE AVENUE NORTH
GOLDEN VALLEY, MINNESOTA
COATS
VEST
WOMEN MEN
RESTROOM
RESTROOM
RESTROOM
COFFEE
CONFERENCE
OPEN OFFICETRAINING
HALL
OPEN OFFICE
OFFICE
OFFICE
OPEN OFFICE
ACTIVITIY
OPEN OFFICE
OFFICE
SERVING
KITCHEN
ACTIVITIYACTIVITIYACTIVITIY
HALL HALL
ACTIVITY
NEW WINDOWS
EXIT EXIT
LOBBY
AND
RECEPTION
OFFICE / THERAPY
OFFICE
OFFICE
DOCK
STORAGE
CORRIDOR
ADMINISTRATIVE
AREA
OFFICE
OFFICE OFFICE
OFFICE
EXISTING DOCK
STAFF
ENTRY
(HC)
SOUTH EAST
ENTRY
EAST ENTRY
(HC)
EXISTING DOCKSTAFF
ENTRY
MAIN BUILDING
ENTRY ENTRY
(HC)
OFFICE
OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE SERVING
KITCHEN
HALL
GARAGESTORAGE
THERAPY
SERVICES
THERAPY
SERVICES OFFICE
OFFICE
OFFICE
MEDITATION
ROOM
KITCHEN
ACTIVITY
ACTIVITY
STORAGE
ACTIVITIY
ACTIVITIY
STORAGE
OPEN
OFFICE
NORTH
B2#1923NO. DATE REVISIONJanuary 17,
2020COPYRIGHT ã 2015 BUETOW 2 ARCHITECTS, INC.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED ARCHITECT UNDER THE LAWS OF THESTATE OF MINNESOTARANDY L. ENGELDATE: REGISTRATION NUMBER 11331Existing Bus and Van Drop-Off/Pick-upfor Propartners800 Boone Avenue NorthGolden Valley, MinnesotaBUETOW 2 ARCHITECTS, INC.(612) 455-26262905 DEAN PARKWAY, SUITE AMINNEAPOLIS, MINNESOTA 55416BII3/32" = 1'-0"
EXISTING FLOOR PLAN3
3B O O N E A V E N U E N O R T H
A B C D E F G H J L M
J L M
D E F
G H
3.6
2.7
6
5
4
3
3.2
K
A B C
K
4
5
6
3
2
1
3
2
1
2.7
3.6
800 BOONE AVENUE NORTH
GOLDEN VALLEY, MINNESOTA
STAFF
ENTRY
(HC)
SOUTH EAST
ENTRY
EAST ENTRY
(HC)
STAFF
ENTRY
MAIN BUILDING
ENTRY ENTRY
(HC)
3/32" = 1'-0"
SPACE USE DIAGRAM4
NORTH
B2#1923NO. DATE REVISIONJanuary 17,
2020COPYRIGHT ã 2015 BUETOW 2 ARCHITECTS, INC.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED ARCHITECT UNDER THE LAWS OF THESTATE OF MINNESOTARANDY L. ENGELDATE: REGISTRATION NUMBER 11331Existing Bus and Van Drop-Off/Pick-upfor Propartners800 Boone Avenue NorthGolden Valley, MinnesotaBUETOW 2 ARCHITECTS, INC.(612) 455-26262905 DEAN PARKWAY, SUITE AMINNEAPOLIS, MINNESOTA 55416BIIHEALTH CARE PLUS:
EASTERN EUROPEAN
CLIENTS
HEALTH CARE PLUS:
HISPANIC CLIENTS
HEALTH CARE PLUS:
ASIAN CLIENTS
LEGACY
REHAB
COMMON SPACE/
KITCHEN/ RESTROOM
UTIL
UTILITY
UTILITY
KITCHEN
HOME HEALTH CARE
SUMMIT HOMECARE
LEGACY HOME CARE
ON TIME TALENT STAFFING
UTIL
4B O O N E A V E N U E N O R T H
1
Date: January 27, 2020
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Miles Campbell, Planner
Subject: Proposed Adjustments to Narrow Lot Regulations
Summary
The City Council has directed the Planning Commission to engage in discussion around the zoning
regulations for narrow lots (generally those under 65 feet in width and specifically for those 50
feet or less in width) and to propose any recommended changes to help mitigate impacts on
surrounding properties.
On Thursday, January 16, the City hosted its Narrow Lots Public Forum in order to gather
comments and input from residents and to help staff share background information. The event
was well attended by the public, with approximately 50 residents participating in addition to four
Council Members and two Planning Commissioners. A recording of the event can be found on the
City website.
The event was facilitated by Barbara Raye of the Center for Policy, Planning, and Performance
and was structured with three components. First, the Planning Manager and Planning
Commission Chair gave a brief overview of the study to date, the existing regulations in effect for
narrow lots, the role of the Planning Commission, and a summary of the major differences
between subdivision and tax parcel division. After establishing this background information,
participants were then split into smaller discussion groups. These groups were given the
following questions to help spark conversation:
1. What concerns do you have about new homes on narrow lots?
2. What opportunities do you think new homes on narrow lots might allow?
3. Given the current zoning for narrow lots, what rules or regulations would you like the City
to explore or modify as part of this study?
4. Do you have any questions for staff or subject experts?
2
Participants were given around 30 minutes to discuss in small groups before being asked to
return to the large group format to report out their groups’ discussions and to pose any
additional questions. Gary Aulik, from Aulik Design Build, joined staff and the Planning
Commission Chair in addressing comments. All of the questions and staff answers will be posted
to the City’s narrow lot web page.
The most commonly raised issues were:
Height and the impacts of height on adjacent properties
The size of setbacks and the amount of open space between structures
The impact of new construction on existing residents
Potential ways to incentivize maintaining combined lots
The loss of trees, vegetation, and green space
These four are not a comprehensive list of issues mentioned at the Forum, but are instead the
broader categories under which many, but not all, of the comments fall. These are the primary
concerns that residents feel need to be addressed by the City. Among these issues are some that
fall outside the control of the zoning code –such as tree mitigation and construction standards –
and therefore will need to be considered separately by the City Council.
Next Steps
The resident survey on narrow lots, sent to all single‐family property owners in the city, will
remain open until January 31. To date, staff have received over 300 responses. While not yet
complete, the initial survey responses track closely with the opinions of the residents who
attended the Forum and who have shared concerns regarding narrow lots with staff and the
Planning Commission.
In an effort to begin moving towards the drafting of recommendations for zoning text
amendments for the City Council, staff has outlined broadly the areas under consideration for
change. This is not a definitive list, but it does attempt to capture the issues most often cited.
Zoning Regulations:
Adjust regulations regarding building height, especially as they impact building massing
and the shading of adjacent properties
Modifying and/or increasing side yard setbacks
Addressing secondary front yard setbacks on corner lots
Revisiting the maximum lot coverage and/or impervious surface percentages
Non‐zoning Regulations or Policy Questions:
Strengthening stormwater protections
Reducing the loss of mature trees
Incentivizing remodeling older homes over a tear‐down/rebuild approach
Encouraging housing variety and protecting neighborhood character
Addressing housing affordability
3
Finally, the topic of how the City – through the Board of Zoning Appeals – considers and evaluates
requests for variances from the zoning code was raised. The process for granting variances is
outlined in the zoning section of the City Code, but the standards are included in State statute.
Staff will look to the Commissioners to help develop a plan for addressing these concerns over
the next few meetings.
Attachments
Comments from Small Groups (1 page)
Questions from Small Groups (2 pages)
Narrow Lot Public Forum – Comments from Small Groups:
Concerns
The environment (trees being removed, lots too small to plant new trees,
preservation of nature, snow storage and runoff issues)
Height of new homes (especially tuck under homes)
Size of homes (blocking the sun, out of place with surrounding homes)
Setbacks
Construction noise
“Starter” homes are not really affordable
Those who “stay” want a say in what is built when someone leaves
People moved to Golden Valley for large yards, but getting row homes
Investors buying up lots and developing to make money
Number of variances being granted
Home sizes have gotten bigger but old platted lots remain small
Poor representation from the Planning Commission at the Forum
Benefits
Reinvesting in Golden Valley with younger families
Suggestions
Height restrictions
Flat roofs on two story homes
Add articulation to the back side of homes to make them more visually appealing
Reduce “row house” effect
Prevent lot splits/require small lots to be replatted
Consider the angle of the sun when approving homes
Make homes fit with the style of the neighborhood (Architectural Review Board)
Explore alley options for garages
Reduce lot coverage
Encourage remodeling over tear‐downs
Narrow Lot Public Forum – Questions from Small Groups:
Design/Regulations
1. Could the zoning code help provide or encourage a greater variety of home styles on
narrow lots?
2. Can the zoning code be modified to only allow certain housing types or styles?
3. What are the current restriction on height for these lots?
4. Could the City restrict the total area building square footage or lot coverage?
5. What articulation requirements currently exist, and could they also be applied to the
rear of homes, not just the side?
6. How can redevelopment match the existing character of the neighborhoods in which
they occur?
City Processes
1. What is the role of variances in relation to zoning standards for narrow lots? Do
variances take into account the impact on surrounding properties?
2. Can narrow lots be built on or developed prior to any amendments to the zoning
code?
3. How are lot dimensions determined for code enforcement purposes?
4. How will changing the zoning standards impact current property owners who may
have planned improvements or to split and sell their lots in the future? What
grandfathered protections, if any, exist for these residents?
5. When lots are redeveloped, does the city’s site plan review process take into
account impacts on neighboring properties? What assistance does it offer?
6. Could a property owner replat their combined narrow lots into one standard‐
conforming lot? Could this be incentivized by the City?
7. Could the City create an architectural review board to provide additional review for
new narrow lot construction?
8. What were the historical rules and regulations in place when the lots were platted?
9. Has the city considered looking at neighborhood‐wide replatting options? (Golden
Valley Strategic Priorities 2019)
10. Is there a way to incentivize private renovation of older homes versus full tear‐down
and redevelopment?
Environmental
1. How are trees and natural features protected/preserved in cases of construction or
redevelopment on narrow lots?
2. What are the existing stormwater management policies in place for narrow lots?
3. What effect do height and the building envelope regulations have on sun access for
neighboring properties, and is sun access being addressed by the code in other
ways?
4. How do current zoning regulations account for slopes and changes in grade?
5. What options exist for preserving large yard and open spaces on narrow lots, if any?
Market/Economic
1. Are developers/builders financially responsible for spillover impacts and damages on
public or private property?
2. Is there a way for the City to discourage speculative or overbuilt development?
3. Is there a way for the zoning code to encourage middle‐market homes, i.e. homes
that aren’t “starter” homes but also aren’t “McMansions”?
4. How might tax parcel divisions impact surrounding property values or property
taxes? Would property owners be compensated for loss in property value?
Other
1. How many narrow lots have alleys that could be used for parking and off‐street
access?
2. What are other cities doing in response to issues surrounding narrow lots and tax
parcel divisions?
3. What is the relationship between the historic lot dimensions and house dimensions
from that period?