pc-agenda-09-27-23
REGULAR MEETING AGENDA
Planning Commission meetings are being conducted in a hybrid format with in‐person and remote
options for attending, participating, and commenting. The public can make statements in this meeting
during the planned public comment sections. Some members of the Commission may attend virtually.
Members of the public may attend virtually by following instructions below.
Remote Attendance/Comment Options: Members of the public may attend this meeting by watching
on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1‐415‐655‐0001,
entering access code 2631 691 0388, and password 1234 from phones and video systems.
1. Call to Order & Land Acknowledgement
2. Approval of Agenda
3. Approval of Minutes
September 11, 2023, Regular Meeting
4. Public Hearing – Extension of Outdoor Service Area Permit for Schuller’s Tavern
Address: 7345 Country Club Drive
Applicant: Paul Jacob
5. Discussion – Site Plan Review
– End of Televised Portion of Meeting –
To listen to this portion, please call 1‐415‐655‐0001 and enter meeting access code 2631 691 0388
6. Council Liaison Report
7. Other Business
a. Reports on Board of Zoning Appeals and Other Meetings
8. Adjournment
September 27, 2023 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley
September 11, 2023 6:30 pm
Planning Commission Regular Meeting 1
REGULAR MEETING MINUTES
9/11/2023 – 6:30 pm
Council Chambers
Hybrid
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. The City used Webex to conduct this meeting and members of
the public were able to monitor the meetings by watching it on Comcast cable channel 16, by
streaming it on CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 6:30 pm by Chair Brookins.
Roll Call
Commissioners present: A. Barnstorff, A. Brookins, G. Cohen, M. McCormick, B. Meredith , M.
Ruby, C. Segelbaum
Commissioners absent: B. Fricke (Youth)
Staff present: J. Zimmerman, M. Campbell
Council Liaison: Denise La Mere‐Anderson
2. Land Acknowledgement
3. Approval of Agenda
MOTION made by Commissioner Ruby, seconded by Commissioner Cohen, to approve
the agenda of September 11, 2023.
MOTION CARRIED
4. Approval of Minutes
August 14, 2023, Regular Meeting
MOTION made by Commissioner Cohen, seconded by Commissioner McCormick, to
approve the minutes of August 14, 2023.
MOTION CARRIED
5. Discussion – Sacred Communities
Myles Campbell – Planner, started by explaining that sacred community rules will take effect
statewide on January 1, 2024 as the MN legislature adopted new regulations on providing residential
housing associated with religious institutions . Based on the statute language, the City will need to
update its code in anticipation of these new rules . The statute will allow for “micro units” and will
focus on emergency or extremely low-income housing.
Staff went on to define terminology in the statute.
City of Golden Valley
September 11, 2023 – 6:30
pm
Planning Commission Regular Meeting 2
Campbell went on to discuss the limitations of local controls, how municipalities can permit units, that micro
units are subject to different building standards, and that 33%-40% of micro units must be occupied by
volunteers as opposed to folks paying “rent”.
Current zoning in Golden Valley does not allow accessory housing of any sort with religious institutions. The
Institutional – Assembly district is currently limited to one accessory structure. Mixed -Use allows both
residential and places of worship but requi rements are geared towards multi -family residential.
Next Steps
• Questions/concerns from Planning Commission based on the introduction to the topic
• Planning Staff meeting with Building Inspections to discuss the new standards for construction used
• Later this fall, bringing draft zoning changes to PC for discussion, and then an informal public hearing
o Staff would like to have language in place prior to January 1st
Commissioner Cohen noted that staff creating a census to include what religious institut ions exist in the City
with this capability would be helpful for understanding. Campbell agreed and added staff started discussing
creating a list of both what religious institutions exist and which have land to meet this statute.
The conversation contin ued around income requirements, eligibility, the purchasing and maintenance of
these homes, the requirement around this model adhering to a religious institution , architecture, ADA
compliance, pervious surfaces, and max unit allowances per lot .
Commissioner Ruby asked if the City would be required to be responsible for permits, inspect ions, and
ongoing rental licenses. Staff noted that this isn’t explicit in the statute but that responsibility and
requirements will need to be addressed.
The conversation went on to discuss emergency access, hydrants, and the need to really study the statute
and code to ensure compliance and safety. Staff noted that as of this meeting there hasn’t been a religious
institution that vocalized interest in crea ting this housing. This model is a theoretical way to address the
housing needed for folks that are considered extremely low income.
The goal is to have the language set in place and ready for the January 1, 2024 statute implementation.
1. Discussion – Site Plan Review
Jason Zimmerman – Planning Manager, noted there wasn’t a presentation for this item but rather an
informal conversation and is on the workplan for 2023. Site plan review is something City staff has done,
informally, over the years. The developer presents an idea and then staff from relatable departments work
together. Once those items are clear, a developer moves with a building permit or a PUD and the process
will continue from there. Staff realized that in contrast, other cities have a f ormal process, fees, and listed
expectations. This process clarifies what the developer may need earlier in advance.
The Planning Commission comes into play because there’s a section of code that states the Planning
Commission acts as the site plan review body specifically for Mixed -Use zoned properties. The most recent is
the Sentinel/Wells Fargo property and project.
Zimmerman noted the work that interns have done over the years, brought this proposal by development
staff and included their input. Staff would especially like the Commissions input so the process and timing
City of Golden Valley
September 11, 2023 – 6:30
pm
Planning Commission Regular Meeting 3
can be updated and hopefully this process will be updated by early 2024.
Commissioner Ruby asked about the development team schedule and if it made sense for a Commissioner
to be present at the development meetings and act as a representative when the item is presented to the
Commission at large. Staff responded with meeting details and noted that the plan is not to have
Commissioners participate in every site plan review but only for the Mixed -Use developments.
Commissioner Segelbaum recalled items that came up in site reviews in the past. Looking specifically at
Mixed-Use, he asked staff to expand on what the commissioners can help evaluate. Staff responded there
have been two itera tions of Mixed -Use Zoning. The original was the 394 Mixed -Use and the code was
written that allowed the Commission to participate in negotiations on code with the developers to meet the
long-term goal. The current Mixed -Use code is less clear but staff would like to clarify what’s hard and fast
on-site standards and what can be left to Commissioner judgement during site plan review.
At this time, staff is seeking Commissioner feedback on process.
The conversation continued to discuss the code, intention, minimum and maximum requirements, and what
may be open for feedback. Members and staff reviewed the current informal process and moved on to
discuss what is necessary to create a formal site plan rev iew process. Chair Brookins asked if this process
eliminates the ability for developers to have an informal conversation with staff. Zimmerman replied that it
will actually be a requirement before applying for a permit . Standards for this process need to b e included in
the Zoning Code and if the update can be implemented by the end of the year, it can be added to the
following year fee schedule.
– End of Televised Portion of Meeting –
2. Council Liaison Report
Council Member La Mere‐Anderson updated the Commission on the need for additional volunteers
to assist the Community Service Commission with the evaluation of requests for funding.
Commissioners McCormick and Cohen offered to help. She also previewed the upcoming Council
Work Session wh ich would be discussing a (Re)Naming policy and potential changes to the Home
Occupation regulations.
3. Other Business
Commissioner Ruby is in line to attend the September Board of Zoning Appeals meeting.
Commissioner Meredith introduced himself to the rest of the members.
4. Adjournment
Meeting adjourned at 7:44pm.
Secretary, Mary McCormick
Amie Kolesar, Planning Assistant
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Date: September 27, 2023
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing – Extension of Outdoor Service Area Permit for 7345
Country Club Drive (Schuller’s)
Property address: 7345 Country Club Drive Property owner: Ramez Ventures, LLC
Applicant: Paul Jacob Lot size: 1.52 acres
Zoning District: Single-Family Residential (R-1) Future land use: Single-Family Residential
Current use: Restaurant Proposed outdoor use: Dining
Adjacent uses: Golden Valley Country Club (north); single-family homes (east, south);
multifamily residential, office: (west)
2022 aerial photo (Hennepin County)
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Summary of Request
Paul Jacob is requesting an extension to the existing outdoor service area (OSA) permit to allow
outdoor dining at 7345 Country Club Drive, the location of Schuller’s Tavern, to continue for
another two years. Due to the zoning district in which the restau rant is located, an outdoor
patio is not allowed as a permitted use due to limitations associated with expanding
nonconformities. The issuance of an OSA permit allows this activity to take place on a
temporary basis and with regular opportunities to review and to extend or terminate the
permit.
Background
Schuller’s Tavern is located south of the Golden Valley Country Club at the intersection of
Country Club Drive and Glenwood Avenue. The property is just over 1.5 acres and consists of
the restaurant, a large parking lot, and an outdoor patio just to the west of the building. It is
surrounded by single-family homes to the east and south, as well as a multifamily building
providing senior care to the west and other office uses to the northwest. The property is zoned
Single-Family Residential (R-1) but contains a commercial use making it nonconforming. State
statute, as well as City Code, does not allow for the expansion of a nonconforming use,
requiring the issuance of an outdoor service permit in order to utilize dining on the outdoor
patio.
The applicant received an OSA permit in the summer of 2022 in order to install a patio and
provide outdoor dining. The initial approval provided by the City Council at that time was valid for
only one year (as code requires). An extension to the permit may cover two years at a time.
Proposal
Schuller’s has operated the outdoor patio for the last year with no concerns from neighbors
expressed to staff, including Police, Inspections, Engineering, Public Works, Fire, and Planning.
As a reminder, a roughly 1,200 square foot paver patio was constructed with a capacity for
approximately 50 customers just to the west of the existing building. A berm with vegetation and
a fence was added to the south of the seating area to help mitigate any noise for the single -family
homes to the south. ADA compliant access was provided to the sidewalk along Country Club Drive
to the north. A pergola and fire pit were also included.
Patio hours end at 10 pm and any outdoor lighting is extinguished at this time. Only live music is
allowed and this is required to be provided without amplification.
Public Comments
As noted, staff have received no complaints regarding the outdoor patio over the last year. The
request for an extension of the permit was posted on Golden Valley Speaks but as of the date of
this memo no comments were received.
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Evaluation
The findings and recommendations for an OSA permit are based upon any or all of the following
factors (which need not be weighed equally):
Factor Finding
1. Consistency with the Comprehensive Plan Standard met. The use is consistent with
objectives in the Land Use Chapter of the 2040
Comp Plan, which include “Providing
contemporary and flexible regulations that allow
for new concepts in retail and service” and
“Supporting non-residential growth opportunities
while respecting adjacent properties.”
2. Effect upon Property Values Standard met. The use has not been shown to
affect property values in a substantial way. If
anything, the site amenities, including
landscaping, have improved the appearance of
the property and helped create value in the area.
3. Effect on Traffic Flow and Congestion Standard met. Traffic flows with the new patio
continue to be typical for a commercial
(restaurant) use. A majority of the trips utilize
Country Club Drive which does not impact
adjacent single-family properties. The site is well-
positioned to be accessed via bicycle and on foot.
A public bike rack was incorporated into the site
plan.
4. Increase in Noise Levels Standard conditionally met. The use has not
generated excessive noise. A berm with
landscaping and a fence with extended height has
helped to buffer adjacent single-family homes
from any noises associated with the patio. No
amplifier is used in association with any live music
performed on the patio. The patio closes at 10
pm.
5. Generation of Odors, Dust, Smoke, Gas, or
Vibration
Standard met. The use has not generated
excessive odors, dust, smoke, gas, or vibrations.
6. Any Increase in Pests or Vermin Standard met. The use has not attracted pests.
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Factor Finding
7. Visual Appearance Standard met. The improvements to the formerly
open lawn have enhanced the appearance of the
site.
8. Other Effects upon the General Public Health,
Safety, and Welfare
Standard met. In order to help address additional
stormwater runoff generated by the new paved
patio, a rain garden was installed on the west
lawn. In addition, to avoid issues related to snow
storage along the public sidewalk, the design of
the planting bed was coordinated with City staff.
Recommended Action
Based on the findings above, staff recommends approval of an extension to Outdoor Service
Area Permit 1, allowing for continued outdoor dining at 7345 Country Club Drive, subject to the
following conditions:
1. The extended term for the outdoor service area permit shall be for two years from issuance,
at which time application must be made for an additional extension or else the use shall be
discontinued.
2. No amplifier or outdoor speaker system may be used in association with the patio or any
live music performance.
3. Use of the patio must conclude by 10 pm, at which time all patio lighting must be
extinguished.
Attachments
Letter from Applicant (1 page)
Landscape plan dated April 15, 2022 (1 page)
6 - Pine, White Angel FallsPine, White Angel Falls3 - Boulder 152 - Boulder 15Boulder 1737 - Grass, Foerster's Feather Reed4 - Cedar, Blue BallPergola 12x203 - Fence665 - Fence66Emergency Exit10 - Daylily, 'Happy Returns'17 - Daylily, 'Happy Returns'2 - Crabapple, Royal GemHydrangea, Edgy HeartsHydrangea, LimelightPine, Bristlecone, Joe's BessHandrail18" diamond blk retaining wall9" rampServing stationFlower, AnnualAgeratum, Neptune Blue 1Alyssum, Clear Crystal White 1Flower, GrassGrass, Foerster's Feather Reed 46Flower, PerennialDaylily, 'Happy Returns' 44Shrub, DeciduousHydrangea, Chickory Variegated 1Hydrangea, Edgy Hearts 1Shrub, Evergreen Coniferspruce ,blue totem 7Tree, DeciduousCrabapple, Royal Gem 4Maple, autumn blaze 4Tree, Evergreenspruce ,Black hills 5Pine, tannenbaum 7LegendCommon Name Qty10'0"nBycicle parkingScale:4/15/2022Date:Revision #:Steve KlucasSchullers TavernLandscape Plan:Landworks Inc.Landscape Design by:19
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Date: September 27, 2023
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Site Plan Review - Discussion
Summary
City staff have begun exploring the creation of a formal site plan review process in order to better
manage proposals that come before the City. Formalizing the process would involve an
amendment to the City Code and the inclusion of a new fee in the Fee Schedule.
Background
At the Planning Commission meeting of September 11, staff shared with the Commission some
background related to site plan review and the need to update the existing language in the City
Code. Attached to this memo are three sections of code related to site plan review from three
other metro cities, as well as the existing language from the Golden Valley zoning chapter. Staff
envisions drafting new text that would more closely resemble that adopted by other cities.
Common organization of these other codes include:
• A purpose statement
• When site plan review is required
• Any exemptions/exceptions to site plan review
• The specific information that must be submitted
• The criteria by which site plans will be evaluated
• Details of the process for receiving and reviewing site plans
For Golden Valley, additional language is needed to clarify the role of the Planning Commission in
reviewing site plans for properties zoned Mixed Use. Mixed Use zoning regulations are heavily
focused on site design, and dictate:
• Front, side, and rear yard setbacks
• Building height, with stepbacks for upper stories
• Façade design, including building entrances and encroachments
• Parking setbacks
• Lot coverage (impervious maximum, non-structure coverage, and useable outdoor space)
• Access
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• Screening of parking areas
• Design of structured parking
• Pedestrian circulation
• Location and operation of drive-thru facilities
• Outdoor dining areas
• Landscaping requirements
Some of these regulations are easily quantifiable, while others require a qualitative review with
room for interpretation. Staff believes the primary role of the Planning Commission will be to
help evaluate the more qualitative elements of the site plan and provide feedback to the
applicant.
Requested Action
Staff is looking to confirm that the organization and level of detail regarding site plan review
found in other city codes is appropriate for Golden Valley, with the understanding that the
specific standards of a site plan review process remain to be deter mined in the next few months.
Additionally, staff would like to continue the conversation around how the Planning
Commission’s role in conducting site plan review for properties in the Mixed Use zoning district
should evolve in concert with staff review.
Attachments
Site Plan Review – Code Language Examples (13 pages)
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Site Plan Review – Code Language Examples
Brooklyn Park
Section 152.033 Site Plan Review.
(A) Purpose. This section establishes Site Plan Review procedures and provides regulations pertaining to
the enforcement of site design standards consistent with the requirements of this chapter. These
procedures are established to promote high quality development to ensure the long term stability of
residential neighborhoods and enhance the built and natural environment within the city as new
development and redevelopment activities occur. The specific goals of the city are:
(1) To ensure the application of quality design principles within new and redevelopment projects.
(2) To ensure the active participation and review of site plans by the affected public.
(3) To mitigate to the extent possible, the impact of one development upon another.
(4) To ensure new developments to contain elements of internal and external cohesiveness to
promote good neighborhood atmosphere.
(B) Exemptions to Site Plan Review. The following are exempt from the Site Plan Review process:
(1) Agricultural structures in the R-1 Urban Reserve District provided they comply with all sections
of the City Code.
(2) Accessory structures in residential developments under 120 square feet and 18 feet in height or
the height of the principal structure, whichever is less, provided they comply with
§§ 152.260 through 152.263.
(C) Approval required.
(1) Without first obtaining site plan approval it is unlawful to do any of the following:
(a) Construct a building.
(b) Move a building or structure to any lot within the city.
(c) Expand or change the use of a building or parcel of land or modify a building, accessory
structure or site or land feature in any manner that results in a different intensity of use,
including the requirement for additional parking.
(d) Grade or take any action to prepare a site for development, except in conformance with the
requirements for a grading permit, an approved neighborhood development plan or an
approved Conditional Use Permit.
(e) Remove earth, soils, gravel or other natural material from or place the same on a site, except
in conformance with the requirements for a building or grading permit or an approved
neighborhood development plan or an approved Conditional Use Permit.
(2) Procedures. The procedures for application and public hearings for City Council approved Site
Plan Review are outlined in § 152.031 of this subchapter.
(3) Plan modification. A modification to the plans previously approved through the City Council
approved Site Plan Review process, which do not qualify for an administrative Site Plan Review,
must follow the City Council approved Site Plan Review procedure.
(4) Conditions. The City Council may impose conditions that affect the intent of this chapter to the
approval of a Site Plan Review. No building or grading permit can be issued except in compliance
with the approved site plan and the conditions of approval.
(D) Administrative Site Plan Review.
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(1) Approval criteria. Site and building plans for projects may be approved by the City Manager in
lieu of City Council approval if they meet the following criteria, except as otherwise expressly
provided in this chapter:
(a) Residential properties with one dwelling unit per parcel, including those residential
properties within the Planned Community Development District, the Planned Unit
Development District or a Special Zoning Overly that have already been approved through
another procedure and are in compliance with the approved plan.
(b) Sites, buildings and uses that are permitted in the zoning district and do not require any
variances from this chapter or any other city code, with the exception of the following:
1. Nonresidential uses in a residential district.
2. Uses with drive-through service.
3. Nonresidential structures in a nonresidential zoning district that are not adjacent to any
property zoned or guided for residential development other than property in the Urban
Reserve District (R-1).
4. Uses in the Public Institution District (PI).
5. Religious institutions, either free-standing or within a multi-tenant building.
6. Projects that received a Conditional Use Permit, site plan approval, or are located in a
PUD or PCDD district, or a Special Zoning Overlay, and are an expansion of no more than
10% of the floor area of an existing building, and/or affect no more than 10% of the site.
They may include, but are not limited to, changing parking and circulation routes,
changes in buffering or landscaping against abutting adjacent residential, etc. The site
and building plans must also be in compliance with the previously approved permit, its
conditions and plan requirements.
7. Public and private elementary and secondary schools, including charter schools.
(2) Procedure.
(a) Administrative Site Plan Review may be combined with the established building permit
process when applicable. The City Manager may impose conditions on the approval to
implement the intent of this chapter.
(b) Administrative approval, including all applicable conditions and requirements may be made
either in writing separately or attached to the submitted plans. The applicant must fulfill all
applicable conditions of the approval prior to the issuance of any permits.
(E) Evaluation criteria. The city must evaluate the effects of the proposed site plans. This review may be
based upon, but not be limited to, the following criteria:
(1) Consistency with the Comprehensive Plan, the City Code, and this chapter.
(2) Enhancement of the site to create a meaningful and harmonious development.
(3) Creation of a functional and harmonious design for structures and site features, with special
attention to the following principals:
(a) A functional relationship of the building(s) on the site to its intended use(s); accessory site
improvements, public street and sidewalks, and adjacent uses and structures.
(b) The provision of a desirable environment through building and site design for occupants,
visitors and the general community.
(c) A balance of open space and landscaping with site intensity, building height and parking
requirements.
(d) The utilization of building materials, textures, colors, and construction details as an
expression of design concept and quality.
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(e) The functional internal design of vehicular and pedestrian circulation, location of access
points to public streets, design of parking areas incorporating landscape elements, and
separation of pedestrian and vehicular circulation movements.
(f) The use of landscape design and materials to augment significant native species existing on
the site, create an aesthetically pleasing environment, and a sense of character between site
elements.
(g) The design of site elements to adequately provide for drainage resulting from development,
mitigation of off-site impacts from the development, mitigation of impacts from adjacent
property such as noise, poor air quality, and unsightliness.
(4) The height, scale and massing of new buildings and structures should complement similar
buildings within the same zoning district in which the application is made.
(F) Conformance to the Approved Site Plan Review. All developments must remain in continual
conformance with the approved Site Plan Review until or unless amended in compliance with this
chapter.
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Edina
Article III. - Site Plan Review
Sec. 36-122. - Purpose.
The purpose of this section is to establish a formal site plan review procedure and provide regulations
pertaining to ensure compliance with the site design standards imposed by this chapter.
Sec. 36-123. - Approval required.
Without first obtaining site plan approval it shall be unlawful to do any of the following:
(1) Construct a new building or add on to an existing building that would result in an increase in gross
floor area of all buildings on the lot by more than ten percent;
(2) Move a building to any lot within the city;
(3) Expand or change the use of a building or parcel of land or modify a building, accessory structure
or site or land feature in any manner which results in a different intensity of use, including the
requirement for additional parking;
(4) Grade or take other actions to prepare a site for development, except in conformance with a
permit or an approved plan; and
(5) Remove earth, soils, gravel or other natural material from, or place the same on, a site, except in
conformance with a permit or an approved plan.
Sec. 36-124. - Exceptions.
Except in those cases specifically cited within this chapter, the following shall be exempt from the
foregoing requirements of this chapter:
(1) Construction or alteration of a single-family or two-family residential building or accessory
building;
(2) Enlargement of a building by less than ten percent of its gross floor area, provided that there is no
variance involved and also provided that the planner has conducted an administrative review
pursuant to this chapter; and
(3) Changes in the leasable space of a multitenant building where the change does not intensify the
use, require additional parking or result in an inability to maintain required performance standards
as specified in this chapter.
Sec. 36-125. - Neighborhood meeting.
Applicants are encouraged to hold a neighborhood meeting with nearby residents and land owners prior
to filing of a formal site plan application.
Sec. 36-126. - Sketch plan.
(a) Prior to the formulation of a site plan, applicants are encouraged to present a sketch plan to the
planner prior to filing of a formal application. The plan shall be conceptual, but shall be drawn to
scale with topography of a contour interval not greater than two feet and may include the
following:
(1) The proposed site with reference to existing development, topography and drainage
conditions on adjacent properties, at least to within 200 feet;
(2) Natural features;
(3) General location of existing and proposed structures, including signs;
(4) Tentative access, circulation and street arrangements, both public and private;
(5) Amenities to be provided, such as recreational areas, open space, walkways, landscaping, etc.;
(6) General location of parking areas;
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(7) Proposed public sanitary sewer, water and storm drainage;
(8) A statement showing the proposed density of the project with the method of calculating said
density also shown; and
(9) Additional information that demonstrates the nature, intent or benefit of the proposed
development.
(b) The planner shall refer the sketch plan to the planning commission and city council for discussion,
review and informal comment. Any opinions or comments provided to the applicant by the
planner, planning commission and city council shall be considered advisory only and shall not
constitute a binding decision on the request. There shall be no official application made for a
sketch plan. It is an informal review and comment by planning commission and city council.
Sec. 36-127. - Procedure.
(a) Filing of request. Request for site plan approval, as provided within this chapter, shall be filed with
the planner on an official application form. Such application shall be accompanied by a fee as
established by city council resolution. Such application shall also be accompanied by detailed
written and graphic materials, the number and size as prescribed by the planner, fully explaining
the proposed change, development or use. The request shall be considered as being officially
submitted and complete when the applicant has complied with all specified information
requirements. In cases where an application is judged to be incomplete, the planner shall notify
the applicant, in writing, within 15 days of the date of submission.
(b) Proof of ownership or authorization. The applicant shall supply proof of title and the legal
description of the property for which the site plan approval is requested, consisting of an abstract
of title and, as applicable, supply documented authorization from the owners of the property in
question to proceed with the requested site plan application.
(c) Technical reports. The planner shall instruct the appropriate staff persons to prepare technical
reports where appropriate, and provide general assistance in conducting an evaluation of the
request.
(d) Additional information. City staff shall have the authority to request additional information from
the applicant concerning operational factors or to retain expert assistance with the consent and at
the expense of the applicant concerning operational factors. Said information is to be declared
necessary to evaluate the request and to establish performance conditions in relation to all
pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary
supportive information may be grounds for denial of the request.
(e) Meeting with the planner and staff. The applicant or a representative thereof shall meet with the
planner and city staff in order to present information and answer questions concerning the
proposed requests.
(f) Commission review and hearing. The commission shall conduct a public hearing regarding the site
plan. A notice of the date, time, place and purpose of the hearing shall be published in the official
newspaper of the city at least ten days prior to the date of the hearing. A similar notice of hearing
shall be mailed at least ten days before the date of the hearing to each owner of property situated
wholly or partly within 1,000 feet of the tract to which the petition relates, insofar as the names
and addresses of such owners can reasonably be determined by the clerk from records maintained
by the assessor or from other appropriate records. After reviewing the report of the planner and
hearing the oral or written views of all interested persons, the commission shall make its decision
at the same meeting or at a specified future date and send its recommendation to the council. No
new notice need be given for hearings that are continued by the commission to a specified future
date. The commission shall recommend approval by the council upon finding that the proposed
development meets the standards of this chapter.
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(g) Council hearing and decision. The council shall conduct a public hearing on the site plan in the
same manner as the commission set forth in subsection (f) of this section.
Sec. 36-128. - Standards.
In evaluating a site plan, the planning commission and city council shall consider its compliance with the
following: Consistency with this chapter.
Sec. 36-129. - Information required.
The information required for all site plan applications consist of the following items, and shall be
submitted unless waived by the planner:
(1) Site boundaries, buildings, structures and other improvements shall be identified on site with a
current certificate of survey, prepared and signed by a state-licensed land surveyor, depicting the
following:
a. Scale of plan (engineering scale only, at one inch equals 50 feet or less);
b. North point indication;
c. Existing boundaries with lot dimension and area;
d. Existing site improvements;
e. All encroachments;
f. Easements of record;
g. Legal description of the property; and
h. Ponds, lakes, springs, rivers or other waterways bordering on or running through the subject
property.
(2) A site plan utilizing a copy of the current certificate of survey as a base for the site in question,
depicting the following:
a. Name and address of developer/owner;
b. Name and address of architect/designer;
c. Date of plan preparation;
d. Dates and description of all revisions;
e. Name of project or development; and
f. All proposed improvements, including:
1. Required and proposed setbacks;
2. Location, setback and dimensions of all proposed buildings and structures;
3. Location of all adjacent buildings located within 100 feet of the exterior boundaries of the
property in question;
4. Location, number, dimensions and setbacks of proposed parking spaces and drive aisles;
5. Location, number and dimensions of proposed loading spaces;
6. Location, width and setbacks of all curb cuts and driveways;
7. Vehicular circulation;
8. Sidewalks, walkways, trails;
9. Location and type of all proposed lighting, including details of all proposed fixtures;
10. Location of recreation and service areas;
11. Location of rooftop equipment and proposed screening;
12. Provisions for storage and disposal of waste, garbage and recyclables, including details for
screening exterior trash/recycling enclosures; and
13. Location, sizing and type of water and sewer system mains and proposed service
connections.
(3) Grading/stormwater drainage plan, utilizing a copy of the current certificate of survey as a base for
the site in question, prepared and signed by a state-licensed engineer, depicting the following:
7
a. Existing contours, at two-foot intervals (may be prepared by a state-licensed surveyor);
b. Proposed grade elevations, at two-foot maximum intervals;
c. Drainage plan, including the configuration of drainage areas and calculations;
d. Storm sewer, catchbasins, invert elevations, type of castings and type of materials;
e. Spot elevations (may be prepared by a state-licensed surveyor);
f. Proposed driveway grades;
g. Surface water ponding and treatment areas; and
h. Erosion control measures.
(4) Landscaping plan in accordance with article XII, division 6 of this chapter. The landscape plan must
use a copy of the current certificate of survey as a base for the site in question, depicting the
following:
a. Planting schedule (table) containing:
1. Symbols;
2. Quantities;
3. Common names;
4. Botanical names;
5. Sizes of plant material;
6. Root specification (bare root, balled and burlapped, potted, etc.); and
7. Special planting instructions;
b. Location, type and size of all existing significant trees to be removed or preserved;
c. Planting detail (show all species to scale at normal mature crown diameter or spread for local
hardiness zone);
d. Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas, berms and
the like;
e. Typical sections with details of landscape islands, planter beds and foundation plantings, with
identification of materials used;
f. Note indicating how disturbed soil areas will be restored through the use of sodding, seeding
or other techniques;
g. Delineation of both sodded and seeded areas with respective areas in square feet;
h. Coverage plan for underground irrigation system, if any;
i. Where landscape or manmade materials are used to provide screening from adjacent and
neighboring properties, a cross-through section shall be provided showing the perspective of
the site from the neighboring property at the property line elevation; and
j. Other existing or proposed conditions which could be expected to affect landscaping.
(5) Other plans and information as required by the planner, including, but not limited to:
a. Architectural elevations of all principal and accessory buildings (type, color and materials used
in all external surfaces);
b. Typical floor plan and typical room plan drawn to scale with a summary of square footage for
each use or activity;
c. Fire protection plan;
d. Type, location and size (area and height) of all signs to be erected upon the property in
question;
e. Vicinity map showing the subject property in reference to nearby highways or major street
intersections; and
f. Lighting plan.
Sec. 36-130. - Plan modifications.
(a) Minor changes may be authorized by the planner only one time. Changes are considered minor if:
8
(1) There is no increase to the proposed number of dwelling units;
(2) Any proposed increase in the floor area of structures on site does not exceed five percent of
the gross floor area;
(3) All proposed revisions comply with Code requirements;
(4) There is no change to any condition required in a site plan approval, including building
materials and color;
(5) The property is not located in an Edina Heritage Landmark District;
(6) Impervious surface does not increase by more than five percent, unless to add required
parking stalls to comply with a proof of parking plan;
(7) There is no change to on-site circulation patterns or access to the site; and
(8) Trees to be planted as part of the approved site plan may be relocated but not decreased in
number.
(b) All other plan modifications shall be acted on, reviewed and processed by the commission and
council in the same manner as they reviewed and processed the site plan.
Sec. 36-131. - Existing approved final development plan.
All existing approved final development plans as of December 21, 2010, are now deemed to be approved
site plans.
Sec. 36-132. - Lapse of approved site plan by nonuser; extension of time.
(a) If a building permit has not been obtained, and if erection or alteration of a building, as described
in the application for site plan, has not begun within two years after site plan approval, the
approval shall be null and void unless a petition for extension of time in which to commence the
proposed work or improvements has been granted.
(b) A petition for extension shall be made in writing and filed with the city clerk within such two-year
period. The petition shall state reasons showing why a building permit has not been obtained, or
why erection or alterations have not commenced, and shall state the additional time requested to
begin the proposed work or improvement. The petition shall be presented to the council for
hearing and decision in the same manner as then required for an original application. The council
may grant an extension of up to one year upon finding that:
(1) There is a reasonable expectation that the proposed work or improvement will commence
during the extension; and
(2) The facts which were the basis for approving the final development plan have not materially
changed.
No more than one extension shall be granted.
9
Maple Grove
Division 3. - Site Plans
Sec. 36-81. - Purpose.
This division is established to provide comprehensive procedures and standards designed to ensure city
review procedure for developments (other than single-family detached dwellings, two-family dwellings,
planned unit developments, and public trails, playlots, neighborhood parks, and playfields) seeking to
locate or expand within the city. This procedure will provide the city with the opportunity to ensure a
development's conformance with the city development regulations and to provide the city with a
reasonable degree of discretion in determining the suitability of development proposal impacts upon the
general welfare, public health, and safety. In making this determination, whether or not the site plan is
to be approved, the city will consider all applicable ordinance development standards, the nature of the
land and/or buildings, whether or not any use is already in existence and located on the same premises,
or on any adjoining roads, and all other or further factors as the city shall deem prerequisites of
consideration in determining the effect of the development on the general welfare, public health and
safety. The site plan review procedure is also intended to ensure the development of capable and quality
site systems in the areas of:
(1) Utilities.
(2) Transportation.
(3) Site drainage.
(4) Open spaces.
(5) Site environment and landscaping.
(6) Structure/lot area relationships.
Sec. 36-82. - General requirements.
(a) Application for approval. An application for site plan approval must be filed with the city for all
developments (except for single-family detached and two-family dwellings, development within a
PUD, and public trails, playlots, neighborhood parks, and playfields) within the city. Such
application shall be filed with the director of community development on an official application
form and shall be accompanied by a nonrefundable fee and any surety, escrow, or deposit as
provided for by the city council as set forth in chapter 16, article XI. Formal review and approval of
the plans must be given by the city staff before any related site development can be pursued.
(b) Ownership of property. An application for a site plan approval must be filed by the landowner or
jointly by all landowners of the property included in a project. The application and all submissions
must be directed to the development of the property as a whole. In the case of multiple
ownership, the approved final plan shall be binding on all owners.
(c) Consistency with comprehensive plan and zoning regulations. The proposed site plan shall be
consistent with the city's comprehensive plan and this chapter.
(d) Plan submission. Ten sets of all site plans and 8½-inch by 11-inch transparencies thereof shall be
submitted to the community development department with all required information. The plan
shall be considered as officially submitted only when all of the information and fee requirements
are met.
(e) Contents. All site plan submissions shall be drawn to a scale of one inch equals 50 feet or less
(engineering scale only) and be produced in a fashion which ensures legibility and clarity. In
addition to the full-scale plan, an additional reduction of the plan on an 8½-inch by 11-inch sheet
shall be required as part of the submission. The site plan shall contain at least the following
information, and all additional information as required by city staff:
(1) General information.
10
a. The landowner's name, address and phone number.
b. The applicant's name, address and phone number, if different from the landowner, and his
interest in the subject property.
c. The names, addresses, and phone numbers of all professional consultants who have
contributed to the development of the plan being submitted, including the architect, land
planner, engineer, surveyor, and attorney.
d. Evidence that the applicant has sufficient control over the subject property to effectuate
the proposed site plan.
e. Date of plan preparation.
f. Dates and descriptions of all revisions.
g. North point indication.
h. The statement that construction shall be in accordance with the city's Standard
Specifications for Utility and Street Construction, 1979, as amended.
(2) Present surrounding area status.
a. The address and legal description of the subject property.
b. The existing zoning classification and present use of the subject property and all lands
within 200 feet of the subject property.
c. A map depicting the existing development of the property and all land within 200 feet.
d. A plan showing the precise location of existing streets, property lines, easements, water
mains, and storm and sanitary sewers with invert elevations on and within 100 feet of the
subject property.
(3) Present on-site status. All of the graphics should be the same scale to allow easy cross-
reference.
a. Contours at minimum two-foot intervals on and within 20 feet of the subject property.
b. Location, type, and extent of tree cover.
c. Sufficient spot elevations and/or contours to indicate changes in slope on and within 20
feet of the subject property. Elevations of the centerline and gutter line of existing streets
at each proposed access must be shown.
d. Location and extent of water bodies, wetlands and streams, and floodplains within 300
feet of the subject property.
e. Significant rock outcroppings.
f. Existing drainage patterns.
g. Vistas and significant views.
h. Soil conditions as they affect development.
(4) Utility plan. Plans indicating the location of water and sanitary sewer lateral and service
locations. Also indicated shall be the size and type of pipe and all other information, such as
hydrants and cleanouts, as may be required by the city engineer.
(5) Property dimension plan. Plans showing property lines, dimensions, lot area, required yard
setbacks, easements and rights-of-way of the property and any significant topographical or
physical features of the property based upon a certified survey.
(6) Structure information plan. Plans showing the location, size, use and arrangement, including
height in stories and feet and total square feet of ground area coverage and floor area, of
proposed buildings. Also provided shall be architectural plans showing building elevations and
exterior wall finishes of proposed buildings.
(7) Internal circulation plan. Plans showing the location, dimensions and number of driveways,
entrances, fire lanes, concrete entrance aprons, curb cuts, concrete curbing and gutter, parking
stalls, parking lot islands, loading spaces, access aisles, concrete sidewalks, and all other
circulation elements of the site.
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a. All site elements as listed in this subsection shall have noted on the plan a related cross
section of element composition and construction design.
b. All material compositions, i.e., bituminous, gravel, concrete, sod, etc., shall be noted on
the plan.
c. Spot elevations, including high points, corners of parking lots, and existing street
elevations, shall also be shown on the plan.
(8) Landscaping, screening and berming plan. Plans showing detailed locations, sketches, and
provisions of existing and required landscaping, berming, and screening elements of the site.
a. All those related elements which will be removed shall be properly noted on the plan.
b. All plant screening and landscaping elements shall be broken out into types, sizes, and
total numbers proposed in the plan.
c. All fences shall be shown and related elevations and cross sections provided.
(9) Grading and drainage plans. Plans showing all existing and proposed site contours in no more
than two-foot contours.
a. Also provided shall be detailed site drainage plans, including the detailing of the site's
storm sewer system with catchbasins and invert elevations.
b. Casting types must be shown for all catchbasins.
(10) Erosion control plan. Plans for site erosion control as required by the city engineer.
(11) Lighting plan. Plans showing location, height, and candlepower of all luminaries on the site. All
parking lot lighting standards located within the parking lot area must be located within
parking lot islands.
(12) Staging plan. If the project is to be constructed in several stages, all stages shall be clearly
detailed out on the plan. This shall also include future expansion elements of a proposal.
(13) Sign plan. Plans showing all proposed signage for the site in accordance with chapter 24.
(14) Planned improvements summary. Calculation of the area, length, amount or other summary
dimensions or inventory for each improvement contemplated pursuant to this subsection (e),
which calculation shall be useful to the city planning department in determining the amount of
the surety to be provided pursuant to section 36-84.
Sec. 36-83. - Procedure for review and approval.
(a) Generally. Except as otherwise provided in this section, all plans for site development within the
city as described in this chapter shall be subject to formal review and approval proceedings.
(1) Upon submission of the site plan as specified in section 36-82 the city staff shall circulate the
plan to all appropriate city, county, state, and federal agencies for their review and comment.
(2) Upon receipt of all agency reviews, a meeting between the applicant and all involved
reviewers to discuss any necessary plan amendments will be held. After the meeting, the
applicant shall make any necessary revisions and submit a final site plan.
(b) Final site plan.
(1) Purpose. The final site plan is to serve as a complete, thorough, and permanent public record
of the manner in which the subject site is to be developed. It shall incorporate all revisions and
conditions resulting from the site plan review process.
(2) Submission. Three copies of the final site plan shall be submitted to the director of community
development for review and approval. Subsequent to receiving approval of the final plan, the
applicant may apply for a building permit.
(3) Preconstruction meeting. After a building permit has been applied for, and before issuance
thereof, a preconstruction meeting shall be required to take place. It shall be the developer's
responsibility to arrange the preconstruction meeting with the city staff. At this meeting, the
building construction plans will be reviewed and compared with the approved final plan. If the
12
building construction plans are not in substantial conformance with the final plan, the building
construction plans shall be revised to achieve such conformance.
(4) Limitation on final site plan approval. Within one year after the approval of a final site plan, or
such shorter time as may be established by the approved development schedule, construction
shall commence with the approved plan.
a. If, after one year from being granted site plan approval, the plan as permitted by the
approval shall not have been initiated, then such approval shall be null and void.
b. A request for extension may be made within 30 days before such deadline and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the site plan
approval.
c. The zoning administrator shall place the subdivider's request on the agenda of a regularly
scheduled council meeting to be held within 30 days of such filing.
d. The council at its discretion may grant the extension, for not more than one year, for, when
good cause shown, such extension is necessary.
e. Only one such extension may be made.
Sec. 36-84. - Site improvement performance agreement and surety.
(a) Upon approval of a final site plan and prior to the issuance of building permits or initiation of work
on the proposed improvement or development, the developer shall execute a performance
agreement setting out site improvement items and terms of completion of such items. The
performance agreement and any surety required therein must be approved by the city attorney.
(b) Any surety required by the performance agreement shall be noncancellable and shall guarantee
conformance and compliance with the conditions of the site plan approval, the performance
agreement and the ordinances of the city.
(c) The city shall hold the surety for such period of time as set forth in the performance agreement.
(1) The surety may only be released by the city council.
(2) Periodically, the amount of the surety may be reduced by the city council.
(3) Reduction and release actions will only be initiated after proper request has been made by the
developer.
(d) Failure to comply with the conditions of the site plan approval, the performance agreement or the
ordinances of the city shall result in forfeiture of the surety to the extent necessary to achieve the
project's total compliance with the approved site plan.
13
Golden Valley
Sec. 113-32. - Site Plan Review.
(a) Site plan review standards are established to promote development that is compatible with nearby
properties, neighborhood character, and natural features, and consistent with the Comprehensive
Plan and/or area plans adopted by the City Council. The regulations are intended to minimize
pedestrian and vehicular conflict, to promote public safety, and to encourage a high quality of
development. The regulations recognize the unique character of land and development
throughout the City and the need for flexibility in site plan review.
(b) Within the Mixed Use Zoning District, site plan approval is required prior to issuance of City
permits for any proposed construction, with the following exceptions:
(1) Construction or alteration of an accessory structure.
(2) A use within an existing building that has received site plan approval, if the establishment of
the use does not alter the approved site plan for the property.
(3) Proposed modifications that are strictly related to the interior of the building.
(4) Modifications, additions, or enlargements to a building which do not increase the gross floor
area by more than 500 square feet or 10 percent, whichever is less, and which do not require a
variance from the provisions of this chapter.
(5) Alteration or expansion of an existing parking lot that results in a change of no greater than 10
percent of the total number of parking spaces.
(6) Grading or site preparation that results in minor modifications to the existing site, as approved
by the City Engineer.
(c) Applications for site plan approval shall be made on forms provided by the City and shall include all
information deemed necessary by the City Manager or his/her designee.
(1) Site or building plans shall be approved by the Planning Commission. The approval shall be
completed within 30 days of receipt of complete plans. The applicant shall be notified by U.S.
mail of the decision of the Planning Commission. Within 30 days of the decision of the
Planning Commission, the applicant may file a written appeal of the decision to the City
Manager or his/her designee, thereby appealing the Planning Commission decision to the City
Council. The City Council shall, within 30 days from the date of such appeal, make its findings
and determinations with respect to the appeal and serve written notice to the appellant by
U.S. mail.
(2) All developments that require a variance and site and building plan review shall obtain the
variance prior to starting the building or site plan review process.
(d) Site plans shall be reviewed with reference to:
(1) Conformance to the applicable standards of the City Code and other City requirements.
(2) Where applicable, consistency with the development standards and objectives established for
the Mixed Use Zoning District or specific areas or districts in the Comprehensive Plan or other
area plans adopted by the City.
Site Plan Review – ApplicaƟon Fees from Peer CiƟes
$660 (City Council)
$420 (Planning Commission)
$130 (Planning Manager)
$750 + escrow
$500 + $2,000 escrow
$500 (under 1 acre)
$1,000 (1 acre and over)
$660 + $330 escrow
$850 + itemized bill for any legal work required
$100
$625
$300
$400 + $750 deposit
$200 + $2,000 escrow
$500 plus $5/$1,000 or project value up to $3,500
65% of the building permit fee
$525 for the first 10,000 sf of disturbance + $250 for each addiƟonal 10,000 sf of disturbance
Purpose
Approval Required
ExempƟons/ExcepƟons
InformaƟon Required
EvaluaƟon Criteria
Procedure
Mixed Use Zoning requirements
Front Yards
1. Is a sufficient amount of the building façade located within the minimum and maximum front
yard setbacks?
Building Height
2. Does a sufficient amount of the building height fall within the range of minimum and maximum
required?
3. Are porƟons of the building limited in height due to proximity to R‐1 or R‐2 zoned properƟes?
4. Are building stepbacks required on the upper stories?
5. Do the height of the stories meet the required measurements?
6. Are there projecƟons that should be exempted from the height restricƟons?
Façades
7. Is the primary entrance along a street frontage?
8. Are there a sufficient number of entrances along the building façade?
9. Are there encroachments into the front yard setback?
Principal Structure Setbacks
10. XXX
Parking and Storage Setbacks
11. XXX
Lot Coverage
12. Is the impervious amount below the maximum?
13. Is the non‐structure coverage amount below the maximum?
14. Is the useable outdoor space amount above the minimum?
Restricted Uses
15. Are any restricƟons on use needed?
Parking
16. Minimum parking
17. Access
18. Screening
19. Structured parking
Pedestrian CirculaƟon
Drive‐thru FaciliƟes
Outdoor Dining Areas
Landscaping
Public Art