03-14-11 PC Minutes Regular Meeting of the
Golden Valley Planning Commission
March 14, 2011
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, March
14, 2011. Chair Waldhauser called the meeting to order at 7 pm.
Those present were Planning Commissioners Cera, Eck, Kluchka, Schmidgall, Segelbaum
and Waldhauser. Also present was Director of Planning and Development Mark Grimes, City
Planner Joe Hogeboom, Planning Intern Michael Simmons and Administrative Assistant Lisa
Wittman. Commissioner McCarty was absent.
1. Approval of Minutes
February 13, 2011 Regular Planning Commission Meeting
Eck referred to the third sentence in the fifth paragraph on page 3 and stated the word
"to" should be changed to the word "the." '
MOVED by Kluchka, seconded by Cera and motion carried unanimously to approve
the February 13, 2011 minutes with the above noted correction.
2. Informal Public Hearing — Conditional Use Permit— 755� Wayzata Blvd —
CU-130
Applicant: Neptune Management Corp. d/b/a Neptune Society
Addresses: 7550 Wayzata Blvd
Purpose: To allow for a retail sales office for the purpose of selling cremation service
plans in the I-394 Mixed Use Zoning District.
Simmons referred to a location map and discussed the applicant's proposal to operate a sales
office for the purpose of selling cremation service plans. He explained that no cremation or
embalming will occur at this site. However, state law requires that this business receive a
"funeral establishmenY' license which requires them to construct an embalming room. The
applicant has stated that they will not use the embalming room. Simmons referred to his staff
report and reviewed the ten factors the Planning Commission must consider when reviewing a
Conditional Use Permit.
Segelbaum referred to the floor plan and asked where the embalming room would be located.
Grimes noted that the embalming room is referred to on the floor plan as the prep room.
Cera asked why the City is considering this to be a mortuary instead af just a sales office.
Simmons stated that because of the required embalming room this proposal is considered to
be a mortuary which requires a Conditional Use Permit. Cera stated that requiring the
applicant to obtain a funeral establishment license just to have a sales office seems to be a
waste of time and money. He suggested the City write a letter to the Legislature regarding
eliminating the embalming room requirement.
Minutes of the Golden Valley Planning Commission
March 14, 2011
Page 2 �
Waldhauser asked about the parking for this business. Simmons referred to the site plan and
noted there are a couple of parking spaces in front of the building. However, the majority of
the parking is behind the building.
Segelbaum asked what would stop the applicant from embalming at this location in the future
if the Conditional Use Permit is approved. Waldhauser noted that the applicant has stated he
would write a letter to the City stating that they will not do embalming or cremation at this site.
Grimes noted that the applicant doesn't do embalming or cremation at any of their locations
so he wouldn't expect that they would do it here. Kluchka questioned if it is relevant to this
application if they are doing embalming at this site. Cera said he thinks if the applicant were to
operate a crematorium he would need a different type of license. He added that allowing a
crematorium would impact the neighboring properties differently than what they've been told
is just an office. He suggested adding a condition to the approval that there be no embalming
or cremation allowed.
Tim Nicholson, President and CEO, Neptune Society, Plantation, FL, stated that the Neptune
Society has been in business for 37 years with 40 locations in nine states. He explained that
they don't do any type of gatherings, memorial services or visitation services and they don't
do any embalming or cremating. Waldhauser asked where those types of functions occur.
Nicholson explained they are outsourced to a separate location and said this operation will be
strictly a retail sales office. Kluchka asked the applicant if there are any requirements in the
licensing law that would prevent them from offering additional services. Nicholson said he
believes the license would allow them to do additional services but reiterated that they don't
offer embalming or cremation services.
Waldhauser asked the applicant to explain how their sales business works. Nicholson stated
they will have advertising in newspapers and do direct mailings. He stated they will start with
three full time employees; a licensed funeral director, a sales manager and an administrative
person with a plan to hire additional sales people in the future. Eck questioned the position of
"service manager" shown on the plans. Nicholson stated that is the funeral director who will
meet with the families.
Waldhauser opened the public hearing.
Todd Heilicher, 7600 Wayzata Blvd, said he has no issues with this business but he is
concerned about parking. He noted that this company is only taking half of the building so he
is concerned about there being enough parking spaces if another tenant moves into the other
half of the space. He said there is additional parking available behind the building but he
questioned how people will know they are able to park there. Nicholson explained that their
employees will park behind the building. He added that there would typically only be one or
two families at their office at a time.
Grimes said he realizes that the parking on this site is not ideal but staff feels there are
enough parking spaces for the types of businesses that can be located there. He suggested
that directional signage be added to help direct people to the back of the building to access
the additional parking spaces.
Minutes of the Golden Valley Planning Commission
March 14, 2011
Page 3
Waldhauser asked Heilicher if there have been issues with the parking on his property.
Heilicher stated that everyone tries to park as close as possible to the front door. He says he
has issues with his tenants parking in the street.
Grimes asked Nicholson if they intend to have evening hours. Nicholson said no, their hours
would be 8:30 to 5:30.
Seeing and hearing no one else wishing to comment, Waldhauser closed the public hearing.
Schmidgall said he is in favor of this proposal. He agreed the parking situation will need to be
managed but it shouldn't stop a business from going in this space. Eck agreed and said he
sees no basis to deny the request.
Kluchka suggested a condition be added stating that embalming and cremation services
cannot be offered. Nicholson said he is concerned about getting his license from the state if
that condition is added because he is required to have the embalming room. He stated he is
willing to write a letter stating that no bodies will be present at the site. Kluchka stated that a
letter from this applicant would not stop a future funeral establishment from doing something
different so he wants to have language in the Conditional Use Permit that stays with the
praperty. Segelbaum stated he thinks the state licensing requirements and the review process
would be different for cremation services so maybe the proposed condition could separate
embalming and cremation. Schmidgall said he is not in favor of adding a condition regarding
embalming because the state is requiring them to have an embalming room. Having that
condition is complicating a simple process. He added that even if they did offer embalming
services he doesn't think it would have an impact on the neighboring property owners.
Kluchka suggested adding a second condition stating that employees shall be required to
park in the spaces behind the building.
Cera said he is in favor of adding the condition regarding embalming because the application
states that there won't be any embalming and that is what people have been led to believe.
Nicholson reiterated that he is concerned the state won't issue a license if that condition is
listed in the Conditional Use Permit. Kluchka suggested the proposed condition be changed to
state that if the property use changes to involve cremation or embalming the applicant will
have to apply for a new Conditional Use Permit.
Schmidgall said he supports this proposal as it has been recommended without any additional
conditions. Waldhauser said she would recommend a condition requiring that signage be
installed directing employees and customers to park in the back.
Eck asked the applicant if bodies are embalmed before they are cremated. Nicholson said no.
He added that they haven't done any embalming in 37 years. Eck questioned why some of
the Commissioner's had concerns about embalming when cremation doesn't involve
embalming. Kluchka said he feels the condition regarding embalming is relevant because he
is concerned about the potential future use of the site being used for embalming or cremation
without having to come back to the City for a new Conditional Use Permit. Nicholson ensured
the Commission that the space is not set up to do embalming.
Minutes of the Golden Valley Planning Commission
March 14, 2011
Page 4
Grimes suggested attaching the applicant's narrative to the Conditional Use Permit and
stating in the Permit that if the conditions change from what is in the narrative the Conditional
Use Permit would have to be amended.
MOVED by Cera, seconded by Kluchka and motion carried unanimously to recommend
approval of a Conditional Use Permit to allow for a retail sales office far the purpose of selling
cremation service plans at 7550 Wayzata Blvd subject to the following conditions:
1. The site plan shall become a part of this approval.
2. The conditions found in Deputy Fire Marshal Ed Anderson's memo dated February 16,
2011, shall become a part of this approval.
3. All signage shall meet the requirements of Section 4.20 of City Code.
4. Directional signage shall be installed informing customers of parking spaces located
qenind tne buiid'ing.
5. Employees shall be required to park in the spaces located behind the building.
6. If the property use changes fram what is included in the attached narrative the Conditional
Use Permit must be amended.
7. All future improvements to the building shall meet the City's Building Code requirements.
8. All other applicable local, state and federal requirements shall be met at all times.
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
No other meetings were discussed.
4. Other Business
City Attorney Allen Barnard — Planning Commissioner Training
City Attorney Allen Barnard gave a PowerPoint presentation (attached) regarding the
role of Planning Commission, communication between Commissioners, review
processes and variance regulations.
5. Adjournment
The meeting was adjourned at 9:05 pm
�
Lester Eck, Secretary
Mark Grimes, Director of Planning & Development February 10, 2011
7800 Golden Valley Rd.
Golden Valley, MN 55427
Dear Mr. Grimes:
As required in the application for Conditional Use Permit, the following is a
detail description of Neptune Society's intended use:
Detailed Description of Intended Use. The Neptune Society would like
to open a retail sales type office in Golden Valley with the purpose of selling
Direct Cremation Preneed Service Plans. We have located a professional office
site in a mixed use area located at 7550 Wayzata Blvd., Golden Valley, MN
55427. We are currently in the process of entering into a letter of intent with the
landlord, conditioned upon any necessary zoning approval.
The proposed Neptune Society office will function as an administrative
and sales office for the purpose of selling pre- arranged and pre -paid cremation
plans and for the purpose arranging immediate need cremation arrangements. It
is expected that Neptune Society will physically employ 3 employees to work at
this location in the beginning and growing up to 6 over the next 24 months.
Neptune Society will also generate jobs and contract with a number of
Independent Sales Representatives. (Depending on sale volume, the typical
office has 5 -20 Independent Sales Representatives.)
Please note that while the State of Minnesota will require that this office
apply for and receive a "Funeral: Establishment" license to lawfully offer the
above named services. Please note that as part of the statutory licensing
requirement, Neptune Society will be obligated to construct and maintain an
embalming room. (A room that will never be used for that purpose and is
unfortunately mandated as a building requirement to obtain a. Funeral
Establishment License by current State Law on Funeral Establishments.) Our
location will be operated solely as a retail sales office and no physical body
Page 1 of 4
1250 S. Pine Island Road, Suite 500 ® Plantation, FL 33324 • 954- 556 -9400 • www.neptunesociety.com
preparation, mortuary science activities or cremations will occur in this facility. It
will be a "Mortuary" in license and in arguable classification only. If necessary,
we would be willing to sign documentation agreeing that this facility would not be
used for physical body preparations during the term of our lease and use of the
facility.
The activity of the office will include the sale and administration of pre-
arranged and pre -paid cremation plans. Approximately 95 percent of the sales
activity will occur outside of the office in customer's homes; however the
administrative processing of the sales contracts will be completed on site. A
limited number of Immediate need cremation arrangements will also be
conducted on site from walk in customers and those not wanting to meet in their
home; the balance being arranged by phone and fax. This office will also offer
cremation urn merchandise in association with immediate need arrangements.
While there may be some Urns on display, urns are typically shipped from the
Vendor directly to the customer.
Although the Neptune Society will offer immediate need cremation
arrangements through the use of outside providers; human remains will never be
present at this office other than fully sealed, cremated remains which are
processed elsewhere but may be released to family members from this office. All
human remains will be removed from the place of death to our off site holding
facility at another company's licensed facility for storage and cremation. The
Neptune Society does not offer embalming services, formal memorial
ceremonies or viewing options on site. We estimate that approximately 15% of
the families served from this proposed location would receive cremated remains
released from this office during any 12 -month period. Cremated remains are
released to family members in a regulation container which has been completely
sealed and which meets high industry standards and which poses no sort of
health or safety risk to anyone.
I wish to again reiterate that the activity and function of this office will be
that of the professional administration of pre- arranged and pre -paid cremation
contracts and cremation arrangements, (retail type transactions) and will in no
Page 2 of 4
way include those activates dealing with body processing, mortuary science or
funeral services regularly associated with traditional death care service providers,
such as traditional funeral homes and mortuaries.
Demonstrated Need For The Proposed Use. There is a need for our
services, in that according to statistics Minnesota leads the Midwest with the
number of cremations. Statistically it is about 46.9% ( *in 2009) of all final
dispositions in Minnesota are in the form of Cremations. Neptune Society is the
industry leader and has been in operation since 1973. The preneed funeral
service industry is a highly regulated industry with direct State oversight of our
operations, forms, licensing, and trust oversight, etc. At this current date
Neptune Society has no active regulatory issues and is in good standing in all
States. Neptune Society is a no frills, cremation only, preneed and at need
funeral service provider with well over 30 facilities, that currently operates in 9
other states and growing. (AZ, CA, CO, FL, IL, NV, OR, TX, WA.) We provide a
low cost alternative to expensive funerals, which could range in cost from $6.000-
$19,000 on average depending on the services selected.
Consistency with City's Comprehensive Plan. We believe our location
selection is appropriate and consistent with the City's Comprehensive Plan for
the City. We have selected an office location in a mixed use area which permits
the placement of Mortuary's with a Conditional Use Permit.
Impact on Property Values. We do not believe the operation of our retail
type sale office will have any sort of negative impact on neighboring property
values. To the contrary, we will be occupying a currently unoccupied,
redeveloped piece of property, is a value added to the neighborhood.
Impact on Traffic Generation. Based upon the nature of our service,
most sales will occur in the customer's homes, thus we do not anticipate traffic
generation or traffic flow complications stemming from our operations. Unlike
other or traditional Mortuary or Funeral Home facilities we will not be having
services, motorcades and viewings, thus we will not need additional parking,
garage space, police funeral procession escort services or staging lanes like a
traditional mortuary or funeral home operation might.
Page 3 of 4
Impact on Noise Levels. Based upon the fact our function will be that of
a retail administrative sales office, we do not anticipate any increase in noise
levels caused by our administrative activities.
Impact on Odors, Dust, Smoke, Gas or Vibration. Based upon the fact,
we will not be processing bodies at this facility; we do not expect any increase in
odors, dust, smoke, gas or vibration caused by our proposed administrative /
retail use.
Visual Appearance. The location selected was recently renovated and
upgraded, providing a professional appearance. Our signage will be in
conformity with applicable zoning codes, landlord requirements and will be
tasteful in nature. Usually our signage includes our name "Neptune Society" and
our purple dove logo, similar to that on the top of the letter head.
Other Effect on the General Public Health, Safety and Welfare of the
City. We do not in any way believe that our intended administrative use will have
any negative effect on the general public health, safety, and welfare of the City
and its residents.
Neptune Society sincerely hopes the City of Golden Valley will promptly
approve the request for a Conditional Use Permit. I stand ready to address any
questions or concerns Zoning or the City Board may have relating to this request
or our services.
Daniel4° av dil, Esq.
Associate - General Counsel
Page 4 of 4
3/16/2011
� . � �E5T6FLANAGAN
BEST & FLANAGARJ ROLEOFTHEPLANNINGCOMMISSION
It is the duty of the Planning Commission to advise
.......,..,o„
and make recommendations to the Council in all
CI Of GOId@fl Valle matters relating to planning and growth of the City.
� y Specifically it shall:
Planning Commission
'"°°""°" A. Develop and make recommendations to
maintain and update the Comprehensive Plan
of the City;
8tST6f'tANnGnY . . .. .. . � BESTS1-LAkAGnh
B. Develop and make recommendations to COMMUNICATIONS BETWEEN
maintain and update the land use regulations COMMISSIONERS
needed to implement the Comprehensive Plan;
C. Develop and make recommendations for All meetings...must be open to the public...
policies on other matters relating to the social, ••.
economic and physical environment;and,
Q. Advise and recommend such other functions or (c) Of any(1)committee,(2)subcommittee...
procedures as may be assigned to them by the or(5)commission of a public body...
City Code or the Council.
�.Ciry Code,Sec 2:5),sutrd.2 �Minn SWt 13Q 01,subtl.l. `
1
3/16/2011
f)EST6flANAGAN � 6F.STb���;ANqGAN
REVIEW PROCESSES REVIEW PROCESSES(continued)
Read the City Code provisions. ...The City Code shall apply to all persons
and property within the City of Golden Valley
� ciMCode sec..hot . � . . . .
6EST6FlANAGq4 � � � �� BESTdI'LANAGAN
REVIEW PROCESSES(continued) If legislative,public hearing requirements,
Planning Commission's consideration of etc.apply,but Commissioner's can use a
matters can be either leaislative or auasi_ legislator's approach.
'ud� icial•
2
3/16/2011
� �ES76�'tANFGAN �� � 6E576F�iANAGAN
If quasi-judicial the procedural due process If quasi-judicial,you are somewhat like
requirements of the Constitutions of United 'ui dqes and you must be w�of contacts in
States and State of Minnesota apply to some advance of P.C.'s decision.
extent.
� 6esrsFtnrvncnv � � � BesreF�nnncnrv
Quasi-judicial actions in Minnesota include Problem: Recent Minnesota district court
decisions on variances,conditiional use decision in Continental Propertv Group.Inc.
e� rmits and possibly PUD's or specific (Brad Hovt)vs. Citv of Minneapolis.
rezoninqs.
�
3/16/2011
f3E5TeftAN4GAN � �� 6E5T61'!ANAGAN
Plaintiff proposed high-'rise tower in low-rise Approached Lisa Goodman,council member
Loring Park neighborhood. Variances in area,and tried to talk her into it—no luck—
sought: for height,21 stories(2-1/2 allowed); she didn't support it.
side yard(48 feet to 16 and 4 feet)and rear
yard setbacks(45 feet to 19 and 8 feet). Staff recco"no";planning commission voted
"no";subcommittee of Council voted"no";
Council voted"no°.
6EST6FtANACAY BESTdfLANAGAN
Court reviewed Ms.Goodman's actions:
Developer sued City for millions in damages
and fees and costs. (1) She announced she was against the project several
months before hearing.
Recovered over$500,000 in fees and costs.
(2) One month before she emailed constituents that she
was against it.
(3) She helped target undecided council members.
(4) She mailed colleagues regarding her lack of support.
(5) She voted on the CUP and variance requests
despite her advocacy agalnst it.
4
3/16/2011
� ��� flEST&1'tANA4AN � � . � .. � I�F.STtiI'�IhNAGAP3
Although the court upheld City's decision,it
held:Goodman's actions,coupled with
aldermanic courtesy,and reliance by city On Appeal to Minnesota Court of Appeals—
council on undisclosed communications(not argued February 17,2011. No decision yet.
made part of record)vitiated Plaintiff's right
to a fair hearing and violated its right to
procedural due process.
� � . � � 6e5Taf�nNncnN �. . . � � . . �� BESraf�nn,acnh
New Mexico Court ofAppeals upheld$8 South Dakota Court vacated grant of a CUP
million jury damages award where a private where County Commissioner attempted to
citizen encouraged a council member to draft negotiate a dispute between developer and
amended language to a regional plan, homeowners before he became a Co.
resulting in denial of a"big box"development Comm. Vote was unanimous to deny CUP.
proposal.
5
3/16/2011
�� 6EST6('4ANAGlN � � �F,5T6I`!ANA4AN
Court said: "...the due process standard for What to do:
disqualification in a quasi-judicial proceeding (1) Commission members and Council members
is that an o�cial"must be disinterested and must remain impartial—this is a critical
free from bias or predisposition of the element of due process. Keep an open mind.
outcome and the'very appearance of
complete fairness'must be present." (2) All ex arte communications must be entered
in record at hearing. If verbal,state name of
person and message. If written,enter in
record. This is done so proponent has an
oppoRunity to respond to issues raised.
6F.ST6FtANAGAY . BE5T6FtANAGAN
(3) This applies to almost all zoning and planning— CONDITIONAL USE REVIEW
type matters except for(a)wholesale code
changes,(b)approval of new comprehensive G. The Planning Commission shall make findings
plans,etc. and recommendations to the Council based
upon any or all of the following factors(which
If focus is on a particular property or applicant, need not be weighed equally):
matter is probably quasi-judicial. 1. Demonstrated need for the proposed use.
2. Consistency with the Comprehensive Plan
of the City.
3. Effect upon property values in the
neighboring area-.
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3/16/2011
UEST&FlANA4AN � � �. RESTafiANAGAN
4. Effect of any anticipated traffic generation 8. Any increase in flies,rats,or other animals
upon the current traffic flow and congestion or vermin in the area to be caused by the
in the area. proposed use.
5. Effect of any increases in population and 9. Visual appearance of any proposed
density upon surrounding land uses. structure or use.
6. Increase in noise levels to be caused by 10. Any other effect upon the general public
the proposed use. health,safety,and welfare of the City and
7. Any odors,dust,smoke,gas,or vibration its residents.
to be caused by the proposed use.
Ctty Code Sec,11.80,subd.2,G.
� . . � � . .� .. � � � 6tSTtiI-LANAGAN . �. � BEST&f'./nNAGAN
H. The Planning Commission shall present its K. The Council shall make findings and shall arant
findings and recommendations in writing to ihe or denv a permit based upon anv or all of the
Council within thirty(30)days following the factors found in Subqaraaraph G.above. The
date of the informal public hearing. Council may make its approval of the permit
contingent upon such conditions as it
determines necessary to prevent or minimize
injurious effects upon the neighborhood. The
Council may also require that sufficient
pertormance bonding...
CttyCade Sec.11.80,subd.2,H. City Code Sec.11.BO,.suh0.2,K. . ....
7
3/16/2011
f3E57Ff'LAN.44AN � . . .. � I3E5T6�'�LANA�AN
NEW ZONING REGULATIONS IMPACT NEW VARIANCE REGULATIONS
ON EXISTING DEVELQPMENT
The BZA and the City Council should now make
n. Anv nonconformitv,including the lawful use or the following findings before granting a variance:
occupation of land or premises existing at the
time of the adoption of an additional control A. Strict enforcement of the zoning ordinance
under this chapter,mav be continued,including would cause undue hardship because of
through repair,replacement,restoration, circumstances unique to the individual
maintenance,or improvement,but not property under consideration. Undue hardship
including expansion. means:
. � GIry��CodeSec.t�1:90:9ubd.2 . . . .
� 6EST6FtANhGAN
a. The property in question cannot be put to
a reasonable use if used under
conditions allowed under the zoning
ordinance,
b. The variance request is due to
circumstances uniaue to the propertv not
created by the landowner,and
c. The variance,if granted,will not alter the
essential character of the locality.
B. And,the variance wilf be in keepinq with the
soirif and intent of the City zoning--4rdinance.
$