11-09-09 PC Minutes
Regular Meeting of the
Golden Valley Planning Commission
November 9,2009
A regular meeting of the Planning Commission was held at the Golden Valley City Hall,
Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
November 9,2009. Vice Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Kluchka, McCarty, Schmidgall
and Waldhauser. Also present was Director of Planning and Development Mark Grimes,
City Planner Joe Hogeboom and Administrative Assistant Lisa Wittman. Chair Keysser was
absent.
1. Approval of Minutes
September 29, 2009 Regular Planning Commission Meeting
Eck referred to the first sentence in the last paragraph on page 3 and asked that it be
clarified.
McCarty referred to the second paragraph on page two and noted that a comma was
missing in the first sentence. He also noted that the minutes stated that Waldhauser
chaired the meeting. She didn't, Keysser was in attendance and he chaired the meeting.
MOVED by Eck, seconded by Cera and motion carried unanimously to approve the
September 29, 2009 minutes with the above noted corrections.
2. Informal Public Hearing - Zoning Code Amendment - Regarding the Building
Board of Review
Applicant - City of Golden Valley
Purpose - To amend Section 11.35, Subd. 7(A) and Section 11.36, Subd. 7(A)
(Light Industrial and Industrial Chapters of the Zoning Code) to remove language
regarding the Building Board of Review
Grimes explained that staff is recommending that the Building Board of Review be
discontinued because they rarely meet and their duties regarding city ordinances can be
done by staff. He stated that there are a couple of places in the Zoning Code and the
Sign Code where the Building Board of Review is mentioned in regard to reviewing
landscape plans. It is now being suggested that the review of landscape plans is
something that can be reviewed by staff or City Manager designee.
Waldhauser asked if the Building Board of Review was established originally because
some of the reviews were considered more subjective and not straight forward. Grimes
said back in 1988 when the Board was originally established there might have been more
concerns about the aesthetics of buildings, but having aesthetic requirements is difficult if
a building meets the requirements of the building code.
Minutes of the Golden Valley Planning Commission
November 9, 2009
Page 2
Waldhauser said when there has been discussion in the past about the pros and cons of
having a design review process it has often come back to the fact that the City does have
the Building Board of Review that looks at projects apart from the Planning Commission
and that the Building Board of Review would have some say over the appearance of a
development. She added that she is getting the sense from the information in the Zoning
Code that the Board just reviews landscaping and not other structures. Grimes explained
that the City has a landscaping standards policy in place that is enforced by City staff
which is the same policy currently enforced by the Building Board of Review. He
explained that the Building Board of Review is advisory to the Building Official and it is
not a design review board.
McCarty asked if a design review board could be appointed on an ad hoc, per project
basis. Grimes said a design board ordinance process would have to be developed to do
that. He explained that many of the design issues involved in specific projects are
addressed through the PUD process and the other review processes already in place. He
stated that staff feels there should be standards and requirements in the City Code that
applicants are required to meet rather than having to go through another board.
Cera asked about the possibility of referring the design review process to the Planning
Commission. Grimes reiterated that the Planning Commission, in effect, already does
review the design of many of the projects in the City through the Planned Unit
Development and Conditional Use Permit processes. Cera asked when in the process a
project goes to the Building Board of Review. Grimes explained that it is a discretionary
process by the Building Official as to whether a project goes to the Building Board of
Review or not. He stated that staff would rather "beef up" the standards in the City Code
and have those standards enforceable by city staff.
Kluchka said he is having trouble with this issue because he doesn't see a clear
understanding of the purpose of the Building Board of Review and how its purpose is
translated into new skill sets, new policies or specific staff process that would
accommodate what the intent of the Building Board of Review is supposed to be. He said
he has seen perceptions of decisions being made by the City that weren't necessarily in
everybody's interest, but rather a city staffer making a decision, so he is concerned about
a lack of oversight and perception.
Waldhauser said if there is something warranting review she agrees that it seems odd
that the decision would be left to staff to make the decision whether or not the application
goes to a city board. She said it would make more sense for direction to come from the
Planning Commission.
Grimes clarified that the City Council is considering the decision to discontinue the
Building Board of Review therefore the language in the City Code referring to the Building
Board of Review has to be removed. He also clarified that the Planning Commission isn't
deciding whether or not to discontinue the Building Board of Review; that is done by City
Council resolution. The Planning Commission is only charged with reviewing the Zoning
Code language.
Minutes of the Golden Valley Planning Commission
November 9, 2009
Page 3
Cera stated that it sounds like there is the desire by the Planning Commission to further
discuss design review standards either through the Commission or some other entity.
Grimes said staff would bring the Planning Commission the language and standards
other communities use in their design review process.
McCarty asked if the City Council is abolishing the Building Board of Review but looking
at how other cities handle design review what the likelihood is of putting a board back in
place. He said it seems premature to him to eliminate the Building Board of Review if the
City is going to have some sort of design review board replacing it. Grimes said he thinks
the design review process can be well addressed through the ordinance process similar
to the language in the Mixed Use zoning district which requires certain design standards
and review processes.
Eck asked if the City Council has already decided to eliminate the Building Board of
Review because the staff report states that it is being recommended that the Building
Board of review be eliminated. Grimes explained that the language in the Zoning Code
needs to come out at the same time the City Council decides to eliminate the Building
Board of Review.
Kluchka said that from an oversight perspective he hasn't seen enough information that
designates what the process is today or what the process will be, which in his role,
seems like he would not be doing his job so he is inclined to say no to this
recommendation. McCarty said he would agree with Commissioner Kluchka if the
Building Board of Review was more consistent and had specific powers, but he doesn't
think the City would lose any control by eliminating the Building Board of Review. He said
he would like to revisit how the City can get a design review process established but he is
not convinced the Building Board of Review is the answer because it seemed too
arbitrary. Kluchka said he would rather have a plan than a hope that something will
replace the Building Board of Review.
Grimes suggested that the Planning Commission review specific policies and design
review guidelines at some point in the future.
MOVED by Cera, seconded by Schmidgall and motion carried 5 to 1 to recommend
approval to amend Section 11.35, Subd. 7(A) and Section 11.36, Subd. 7(A)
(Light Industrial and Industrial Chapters of the Zoning Code) to remove language regarding
the Building Board of Review. Commissioner Kluchka voted no.
--Short Recess--
3. Other Business
a. Planning Commission Meeting Schedule
Grimes explained that over the past several years many Planning Commission meetings
have been cancelled due to the lack of agenda items. He asked the Commission if they
Minutes of the Golden Valley Planning Commission
November 9, 2009
Page 4
would like to switch the schedule to have only one meeting per month and if so, which
Monday of the month they would prefer.
McCarty said he'd like to meet the fourth Monday of the month if possible. Waldhauser said
she would like to meet the second Monday of the month. Eck said he would like to keep
the schedule the way it is and cancel meetings as necessary so that applicant's schedules
wouldn't be affected.
Grimes said he would keep the meeting schedule the same and make an effort to put items
on one agenda per month if it can be helped. The Commissioners agreed.
4. Adjournment
The meeting adjourned at 7:32 pm.