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06-27-11 PC Agenda AGENDA Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers Monday, June 27, 2011 7 pm 1. Approval of Minutes June 13, 2011 Regular Planning Commission Meeting 2. Informal Public Hearing — Conditional Use Permit Amendment— 1930 Douglas Drive - CU 42-03 Amendment#2 Applicant: Northern Tier Retail, LLC (SuperAmerica) Addresses: 1930 Douglas Drive Purpose: To allow the existing SuperAmerica store to remain open for business 24 hours per day. The property is located in the Commercial zoning district. 3. Continued Informal Public Hearing —Zoning Code Text Amendment— Amending Variance-Related Language in Section 11.90: Administration of City Code —ZO00-87 Applicant: City of Golden Valley Purpose: To amend the standards for granting variances due to recent legislation regarding "practical difficulties" 4. Informal Public Hearing —Zoning Code Text Amendment—Adding Language to the Zoning Code regarding Temporary Uses —ZO00-88 Applicant: City of Golden Valley Purpose: To add language to the Zoning Code to allow for temporary uses --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 6. Other Business 7. Adjournment This document is available in alternate farmats upon a 72-hour request.Please call 7b3-593=8006(TTY:763-593-3968)to make a request. Examples of alternate formats may include large print,electronic,Braille,audiocassette,etc. Regular Meeting of the Golden Valley Planning Commission June 13, 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, June 13, 2011. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners Cera, Kisch, Kluchka, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was Director of Planning and.Revelopment Mark Grimes and City Planner Joe Hogeboom. ,,,�� ' �}:;. 1. Approval of Minutes �'�� ` ,,; :, � �� ,�� May 9, 2011 Regular Planning Commission Meeting � � �� '�� MOVED by Cera, seconded by Kluchka and motion carr��d to approV� t�h��May 9, 2011 minutes as submitted. McCarty abstained from voting per his;absence dn May 9. 2. Informal Public Hearing — Conditional l�se Permit Amendment— 800 Boone Ave N — CU-119 Amendment#2 Applicant: DRAM Properties�;��egacy,Adult'D`�ycare Inc.) a � J ?�9 Purpose: To allow for the eXpansion of the existing adult daycare use within the same bui�ding for property located in the Light Industrial Zoning District., Grimes introduced the applicant �'nd ez�l;ained that the applicant intends to expand the adult day care faciliijr at 80d �QOne Ave. The expansion would allow the facility to eventually hold 265 per�ons, as;per State requirements. Grimes stated that the existing CUP only allovv�the f�cilit�;tq�s�rr'f� up to 70 clients or the amount that is specified by the State. He stated��t�at tfieia�pplic2�'�it has another adult daycare facility in Golden Valley. The facilit��r� Boo��Av��opened in 2007. Grimes explained that one of the tenants in �� the buil�l�ng;` ��i��, 1��r�ently vacated 12,500 sq. ft. of space allowing the daycare business�c�$ex�end. � '"''`'°� �;� , �`�.i,� Wal��auser �`��Ced�if there are immediate plans to accept new clients to the faciliiy. Grime�said th;�t he believed there were not and suggested that the Commission discuss that matt��ufiifh the applicant. McCarty questioned why an Inflow and Infiltration inspection was required for this current amendment but was not required for the original Conditional Use Permit approval. Grimes stated that policy was not in place at the time of original approval that required Inflow and Infiltration inspections to be completed. McCarty asked Grimes to clarify the inspection process and timeline. Grimes explained that once the records of the inspection are reviewed by the City, the City may request immediate action to correct faults in the sewer line, or it may allow the applicant to deposit escrow funds for later correction. Grimes stated that the matter is handled by the City's Public Works Department and is not a zoning issue. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 2 Kisch questioned how the State determines the occupancy Ioad for the daycare facility. Grimes stated that the total occupancy load for the building is determined by the State Building Code and that the occupancy load for the daycare facility is determined by the Minnesota Department of Human Services. Grimes explained that building size, number of employees and number of bathroom facilities factor into that decision. McCarty asked if the Conditional Use Permit is valid for the entire building or only the portion currently occupied by Legacy Adult Daycare, Inc. Grimes stated that the current Conditional Use Permit is valid for only the original space occupied by Legacy Adult Daycare, Inc., but the amendment will validate the Conditional Use Permi��for'the entire building. Kluchka inquired about the need to limit the number of clients in t�ie Conditional Use Permit. Grimes stated that the number of clients could be rer�ov�d fr,or`i��"the Coi��ditional lJse Permit, as it is regulated by the Building Code and the Nlinn�Scit� Depa�#ment of Human Services. Segelbaum stated that he feels that the tota��numbec qf clients should not be stated in the Conditional Use Permit. ;,; , Kluchka asked if there is a need for a designated �us pa'rking area'on the site. Grimes stated that the occupant has expressed an interest in creating a drop-off area for busses on the site but that no loading area will be.constructed on tfie street. Kluchka questioned if there is need to address bus storage in the Co:ndi�iaraal;;Use Permit. Grimes stated that he feels that is not necessary and that he;has not;seen bus parking to be a problem on the site. }i °7s }d y � ,!, it��. � y9 Randy Engle, architect with Buetouv and:;'Assoc��tes, Inc., introduced himself and stated that he was hired by the prop+e'�'i�tiy�own�'r to create plans for the daycare expansion. Engle stated that the occupancy,�oad of,�fhe b�ril,ding is determined by the calculation of 35 sq. ft. per client as well as the nu'ratiber;df plumb�ing features on the site. David Olshansky, president of DRAM Properties, Inc., introduced himself and described his business model. He,stated that the business serves mostly elderly Southeast Asian immigrants between,thesliours of roughly 9 am — 3 pm, Monday through Friday. Olshansky s�tated that�the;facility currently serves around 70 total clients, but all clients are not ty�ic�lly, in't�ie��u�ilding at the same time, as the daycare service offers frequent client field�t�i�s��,shopping centers, casinos, the YMCA, and other destinations. '';�, e��a, '��: �.� Segelbaum asl�ed if there are any logistical concerns of adding more clients to the facility. Olshansl��r�e�t��ed that the building can accommodate more people, so he does not anticipate any logistical issues related to the proposed expansion. Olshansky also stated that there are multiple entries into the building, so clients do not have to wait to enter the facility when they are dropped-off. Waldhauser asked if there were any plans with the east end of the property. Olshansky stated that he intends to develop a garden for clients in that location. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 3 Kisch asked if the site frequently holds parties and banquets. Olshansky estimates that the site holds approximately eight banquets per year, and that he has no plans on increasing the number of banquets at the site. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Kluchka stated that the he supports removing reference to the number of clients served in the Conditional Use Permit language, instead replacing it with language that defers the maximum client load to the Minnesota Department of Human Services„¢�s��'��'�r` ,.;� Cera asked if there were any issues or concerns with the banquets�,thaf��re held�� the °�d�� site. Grimes stated that there have not been any issues becau�e��he banqt��ts s�r�ve only clients and employees of the business. Grimes stated that ban��et faci�ities tN�f`are open to the public are prohibited in the Light Industrial Zoning District. � F, Waldhauser questioned the outside storage facilities ands�umpsters of�,�ne site and questioned whether or not they are required to be �c��e�ed.�C�,�itn�s stated that the dumpster must be screened, and that he has required thafi the te`mporary outside storage facilities be removed from the site by August 1 � ?�. �, Pa{ ,,. ��,. �£•�: �,� Kluchka asked for clarification about whether o� not the C�,o�i'ditional Use Permit applies to the entire property or just the portion of fhe property currently occupied by Legacy Adult Daycare. Grimes noted that the Conditional Use Pe'rrn'i� amendment will make the permit applicable to the entire property;;�i`� � � � Kisch asked if another ad�l�;daycare business could occupy at the location under the current Conditional Use P��rmit. G�imes:stated that it could. Grimes also stated that the building could be used for r�f�er��ises pei�r`nitted in the Light Industrial Zoning District if Legacy Adult Daycawe�u�cate��the premises. Segelbaum recit�d theiter��fa�ctt��in City Code used to determine findings for a Conditional Use permit" �� '`�� z��1�� k� ;;�� i Grimes sugg��ted'adr��`r�g"bicycle parking as a requirement to the Conditional Use Permit. The Comrri�ssior�:�greed with this suggestion. E °f. 'F��, ;, MOV�D by Kluchka, seconded by McCarty and motion carried unanimously to recomme�d��pproval of amending Conditional Use Permit CU-119, 800 Boone Ave N., to allow for the adult daycare center to serve a total number clients specified by the Minnesota Department of Human Services subject to the following conditions: 1. All signage must meet the requirements of the City's sign code. The Golden Ballroom sign shall be removed by August 1, 2011. 2. The site plan prepared by Buetow and Associates and dated May 6, 2011 and titled "Existing Site Plan" shall become a part of this approval. 3. The adult day care shall be limited to the amount specified by the Minnesota Department of Human Services. Minutes of the Golden Valley Planning Commission June 13, 2011 Page 4 4. The hours of normal operation shall be from 7 am to 5:30 pm with the exception of occasional evening social functions. 5. All improvements to the building must meet the City's Building Code requirements. 6. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult daycare operations may commence. Proof of such licensing must be presented to the Director of Planning and Development. 7. All outdoor trash and recycling containers must be screened in a manner acceptable to the Inspections Department. 8. The trailer used for storage and other temporary storage buildings rn'ulst°bg�;�emoved from the site no later than August 1 2011. 9. An Infiltration and Inflow Inspection and required compliance re�abilii�tion ide��tified by the inspection must be completed prior to approval of th�;��iended��IJP k�yFthe City Council. If the rehabilitation cannot be completed by�the time�o��he ap��bval of the amended CUP by the City Council, DRAM Properties�.r�aj��post an es�crow in a form approved by the Director of Public Works of 125% of't�e est�mate� cost to complete the rehabilitation work. The work must be��t�Qne within 90`d.�ys of approval of the amended CUP by the City Council. If the work=is n�t;�orr�pleted by that time the City has the right to use the escrow to complete th�,work. 10. The applicant will provide an onsite bicycle rack allowing;parking for a minimum of five bicycles. 11. The requirements found in the memo to Mar,k Grimes;:,Di�ector of Planning and Development, from Ed Anderson, D�puty Fire Marshal, and dated May 17, 2011 shall become a part of these re��ui�emertts�. ��'"" �F 12. All other applicable local stat�;and federal��`r�quirements shall be met at all times. .� �. ; ,. , � , The Planning Commissiona�°ase� its�re�ommendation on the following findings: ,��, � '��s� :,, • The proposed expansioii�;t�f�a�ult dayGare at this location is consistent with the General Land Us��F�an map;and zoning for this area. • There is an incre�smg n;�ed for adult daycare services, especially with the large and growing nur'rib�r of adults if�E�olden Valley and the metro area over 65 years of age. • Le ac ,,Adult C?a�rcar�� is an experienced provider of adult daycare services. • The_sit�,p�o�d s��deq�uate parking, access and amenities for the clients and office � } � °K uses�`�ar��th��b�ildiri��'��° �` �E��, 3.��Infor�� Pu'��i�lic Hearing —Zoning Code Text Amendment—Amending 1�;arian�t�-Related Language in Section 11.90: Administration of City Code— ZC1`Dp�7 Applicant: City of Golden Valley Purpose: To amend the standards for granting variances due to recent legislation regarding "practical di�culties." Hogeboom discussed recent legislation that changes standards for granting variances. He stated that, in response to a 2010 State Supreme Court decision, a new law was Minutes of the Golden Valley Planning Commission June 13, 2011 Page 5 enacted that enables cities and counties to grant variances to zoning regulations based on "practical difficulties." Hogeboom stated that practical difficulties exist if: • The property owner proposed to use the property in a reasonable manner not permitted by an official control. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • A variance is in harmony with the general purposes and intent of th�,grdinance and consistent with the comprehensive plan. � 'F ` 49� (1�1� � '� },1',� Hogeboom explained that the section of City Code that regulates ��rian��s must�e updated to reflect the new variance law. ,� ��"� '"��,r Segelbaum stated that he believes the City Code language sllould �nclude,�he four qualifiers for a practical difficulty, stated by Hogeboom,. Cera agreed �nd i�tated that City Code would be more understandable to property owner"�x��f�it incor�oraf�;tl the bullet points. , Kluchka inquired if ordinances and City Code revi�ions are��roof-read by those not affiliated with the Ciiy to ensure that they �fe�'�om�xehensik��l'e and well-understood. Grimes stated that this does not occur,,,�i��t the:�ity's��e�rt�iunication Coordinator reviews the documents and provides feedback a� ne��ed,�a,„ ,�, McCarty questioned the timeline�fpr variances,;and asked for clarification on what qualifies as an "other action" in the one-year time period in which a property owner must act on a variance Order Hagebaom st;ated that `bther actions" are typically viewed as applications for permits. 1V�cCarty �equested that this item be clarified by the City Attorney. Segelbaum questior��he ap`��Is process for a variance ruling and asked when a property owner,can ��t o�i�`��,��ri��ce that is granted. Hogeboom stated that a variance can be acted uw��n foll�� '��th��receipt of the Final Order of the Board of Zoning Appeals. The Final,f�rder is�rpica��r mailed within a few days following a Board of Zoning Appeals meeting, S�e��k��um,�ue�#ioned how a property owner can act on a variance ruling several �d�ys'aft,er a`�da�i�d of Zoning Appeals meeting when an aggrieved party, presumably;� neig�bor, has up to 30 days from the mailing of Final Order to appeal a variance ruling. Hogeboom stated that he believes there is a legal reason for the timefr�rrle. He;iRVill discuss this matter with the City Attorney and report back to the Planning��Qrnmission at the next meeting. Cera requested that the written and parenthetical numbers in the Ordinance be consistent. MOVED by Segelbaum, seconded by Kluchka to recommend amending Section 11.90: Administration of City Code and incorporate the following: • Better define the definition of"practical difficulties." Minutes of the Golden Valley Planning Commission June 13, 2011 Page 6 • Make consistent the written and parenthetical numbers in the code language. • Review and possibly modify reference to "other actions" in Section 11.90, Subd. C. Paragraph 3. • Determine if language in Section 11.90, Subd. C, Paragraph 2 should be modified to reflect a more streamlined timeline for a variance appeals process. Upon further discussion, the Planning Commission voted to table the action to allow staff to better address the above questions. MOVED by Segelbaum, seconded by Kluchka to withdraw the motion. �,' � MOVED by McCarty, seconded by Schmidgall to table amending�,��;ction�:11.90: �r Administration of City Code to the June 27 Planning CommissiQ�,t°Meefing��r�d dit�i��ct staff t0: �, �`' � � � i� ;?a • Better define the definition of"practical difficulties,". `'�� } e�� ,� • Make consistent the written and parenthetical numk��r$ �n the coc�e�1anguage. • Review and possibly modify reference to `bth�"r actio,ns"`in Section 11.90, Subd. C. Paragraph 3. • Determine if language in Section 11.90, Subd. C, Parajgraph 2 should be modified to reflect a more streamlined timeline for a varianc� appeals process. 8. Other Business ;,� Hogeboom announced the upcori��ng op�n hdus�s for both the Bassett Creek Regional Trail planning and the Bottin�au 7��r�sii�lvay planning, both taking place on June 14. Waldhauser announced t��pcb�f,�inga°,yVirth Park Improvements meeting also taking a g� place on June 14. �, �;. ��s Waldhauser request�� h�t sta�F��larify "findings" and what the Commission should cite as findings for upcQming�jssu��l�.og��boom will discuss with #he City Attorney and report back to the Corrirnission at'the next meeting. 9. Adjoui��tment � .�. � Th�_meeting�was��, djourned at 8:45 pm. ¢�. F � �j;. <� �� , 3 �� ,�, f�°e�f.r•�, �n,�g€ David Cera, Secretary {� � P �3fa� `A�a. r� �N S'% 'i �; E . �4x � _ ' { ... �� Planning 763-593-8095/763-593-8109 (fax) Date: June 21, 2011 To: Planning Commission From: Mark W. Grimes, Director of Planning and Development Subject: Informal Public Hearing on Amendment to Conditional Use Permit (CUP) No. 42, SuperAmerica Station at 1930 Douglas Dr., Northern Tier Retail LLC, Aplicant Background Northern Tier Retail, represented by Michael Eareg000d, is the owner of the SuperAmerica (SA) gas/convenience store at 1930 Douglas Dr. N. (southeast corner of Douglas Dr. and Duluth St.). Approximately 22 years ago in 1989, a Conditional Use Permit (CUP) was issued to allow the construction of the current SA store. The site was previously the home of a Mobile gas station. The CUP was required because convenience stores within the Commercial zoning district require a CUP to operate. The previous gas station on the site did not have a CUP because it predated the time when they were needed for a gas station. SA could not just "inherit" the nonconforming status of the old Mobile station because the old service station was razed and SuperAmerica is considered a convenience store. The proposed CUP amendment would allow 24-hour retail sales. They are currently restricted to 6 am to 11 pm. Northern Tier Retail recently purchased all the SA stores in Minnesota. They will continue to operate under the SA banner and not change to Speedway as has happened in other parts of the country. In 1989, there were two public hearings held, one before the Planning Commission and one befare the City Council. In review of the reports and minutes from the public hearing, the largest concern of the public related to traffic and traffic congestion. A traffic study was prepared by the City's consulting traffic engineer. With some minor changes to the plan, the trafFc engineer recommended approval of the plan. Only one or two people brought up other issues, including noise. The Planning Commission voted 5-2 to recommend approval and the City Council unanimously voted to approve the CUP in 1989. As part of the CUP, there is to be no loudspeaker use between the hours of 10 pm and 6 am unless there is an emergency. SA agreed to this requirement. In 1996 SA did request to amend their CUP to allow 24-hour operation. This request was withdrawn after it was tabled by the Planning Commission. Proposed Use of Building and Site As noted in the materials submitted by Northern Tier, there are no changes proposed for the site or the building other than allowing 24-hour operation. At this time SA may operate the store for customers from 6 am to 11 pm. Employees can be in the store outside those hours but no retail business can be done including the sale of gasoline. In 1996, SA proposed the exact same amendment to allow 24-hour operation. This request went to the Planning Commission. The Planning Commission tabled the request in order to give SA time to meet with the neighborhood to discuss noise, lighting, traffic and other issues. Before bringing this matter back on the table at the Planning Commission meeting, the applicant withdrew the application because they had not had sufficient time to meet with neighbors. As indicated in the Planning Commission minutes, neighbors of the SA were concerned about the noise and other issues with the extended hours. The Planning Commissioners did voice certain concerns related to noise, traffic, lighting and landscaping. They felt it would be best for SA to meet with neighbors to understand the request and get input. Such a meeting was not held and SA withdrew the application before it went to the City Council. SA did imply that they would probably request 24-hour operation at some time in the future. I have visited the site on numerous occasions as both a customer and in my capacity as Planning Director. Yesterday I took several photos that are attached. I found the site to be in good repair and free of garbage and debris. The dumpster and air conditioning equipment is screened. The only disturbing item was that a truck was unloading at the site and the tractor portion of the truck was sticking out into the Douglas Dr. right-of-way. (Deliveries are difficult to this site due to the small size of the site. The delivery of goods to the site should not change at all due to the extended hours.) There has been a good growth of trees along the property line to the south and east that blocks the view of most of the store and site from the apartment to the southeast. During the non-growing season, the back of the SA store is more visible to the apartment. SA has indicated that the 24-hour operation would increase customers and the number of employees. � In 1996, Honeywell supported the 24-hour operation. Factors for Consideration for Review of CUP In approving or denying any CUP, City Code requires that findings be made on ten specified factors. Staff evaluation of those factors as they relate to the current proposal are as follows: 1. Demonstrated Need for the Use: The City's standard basis for determining need is that an applicant has identified a market for the proposed good or service. In this case, SA believes that there is a market for 24-hour operation. However, staff is concerned about extending the hours in this area due to the residences in the nearby area. There is already 24-hour gas available at the gas station located at Duluth and TH 100 only about 1/2 mile to the east. 2. Consistency with the Comprehensive Plan: The General Land Use Plan Map identifies the proposed site for commercial uses. The Douglas Drive Corridor study also indicates that this intersection is a good location for retail uses. Gas/convenience stores are, therefore, consistent with the City plans for the area. 2 3. Effect on Property Values in the Area: The additional hours of operation may have a negative impact on the adjoining residential areas to the east and north especially if there is loudspeaker use and car radio use that can be heard at the adjoining homes and apartments. 4. Effect of any Anticipated Traffic Generation Upon Current Traffic Flow and Congestion in the Area: From 11 pm to 6 am, there were be some traffic going to the store but generally the existing streets are empty at that time. Therefore, there would be no negative traffic impact on the area. 5. Increase in Population: Because this is a non-residential use, there will be no increase in population due to the extension of hours at SA. 6. Increase in Noise Level: The noise level may increase during the hours that they currently are not open. Of particular concern is how to minimize the use of loudspeakers and car radio/stereos when pumping gas. There is also the opening and closing of car doors. In terms of delivery of products, gas may be dumped at the site in the middle of the night. The City encourages the dumping of gas at night in order to minimize conflicts on the site during the day. Generally, the dumping of gas by the tanker trucks can be done without disturbing the neighborhood. 7. Any Odor, Dust, Smoke, Gas, or Vibration Cause bv the Use: No significant added impact is expected from the increased hours. 8. Any Increase in Flies, Rats, or other Vermin in the Area Caused by the Use: No significant added impact is expected from the increased hours. 9. Visual Appearance of the Proposed Structure of Use: Expanding the hours of operation is not expected to have an impact on the visual appearance of the site with the exception of lighting. StafF is asking for a lighting plan to insure that it meets the requirements of the City's lighting ordinance. By following the current lighting ordinance, there should be minimal impact on the surrounding properties because the lighting level and glare allowed by the ordinance is less than permitted in 1989. 10.Other Concerns Regarding the Use: The staff does not see any other issues to address. I have spoken to the Police Chief and she does not anticipate any negative impacts. Recommended Action At this time, staff is concerned about amending this permit. SA did not meet with the neighborhood in 1996 as recommended by the PC to address neighborhood concerns. At this time, the neighborhood is about the same as it was in 1996. There is still the apartment building contiguous to the SA site. There are single family homes to the north and east. This is a very busy store and even with the elimination of the loudspeaker sound over the SA property line, the SA is quite busy and noise can be heard from the site on adjacent properties. The noises includes the opening and closing of car doors, delivery of goods and gas and the customer's car radios and stereos left on while pumping gas. Over the past 22 years that the SA has operated, I have never heard a complaint about its limited hours of operation. The gas station at TH 100 and Duluth does have 24-hour gas pumping so there is 24-hour gas available in the area. SA has argued that the 24-hour store 3 would better serve the shift employees at Honeywell. Fioneywell employees have the opportunity to visit SA before or after their shift with the existing hours of operation. If the Commission recommends approval of the amended CUP to allow 24-hour operation, the staff recommends the following conditions for the amended CUP: 1. A lighting plan shall be submitted to ensure compliance with the City's lighting ordinance. The lighting ordinance did not exist in 1989. The 24-hour operation could not begin until it was proven that the lighting requirements are met. 2. Landscaping on the site shall be as indicated on the Landscape Plan filed in the City Planning Office. 3. All signage must be in accordance with the City's sign ordinance. Prior to 24-hour operation, the applicant must meet with the City's sign inspector to insure that the signage on the site is consistent with City code. (I have recently spoken to the Inspections Department about signage at the SA. In the past there have been issues with too much signage at the store but they have improved as of late.) 4. The memo from the Deputy Fire Marshal dated June 14, 2011 shall become a part of the CUP permit. Because a loudspeaker system is required by the Deputy Fire Marshal, the loudspeaker systems shall be designed so that it cannot be heard at any of the property lines. SA shall provide proof that the loudspeaker cannot be heard at any of the property lines by a licensed acoustical engineer prior to 24-hour operation. 5. No trash or recycling pickup can be made after 10 pm or prior to 7 am. 6. There shall be at least finro employees on site at all times. 7. Site layout shall be as indicated on the site sketch filed in the City Planning Office. The four-foot wide strip shown on the site sketch as running along the perimeter of the main building and extending into the setback area on the property's west side shall be a sidewalk only. In addition, there may be an overhanging roof line extending no more than 30 inches into the setback area. 8. The station is allowed to be open for public business 24 hours per day. 9. The dumpster area shall be fully shielded from view. 10. The site shall meet all other City and State requirements. 11. Failure to comply with any of the terms of this permit shall constitute grounds for revocation. Attachments: Location Map (1 page) Memo from Deputy Fire Marshal Ed Anderson dated June 14, 2011 (1 page) Applicant's Narrative (1 page) Site Plans (2 pages) Existing Conditional Use Permit (1 page) Memo to Planning Commission dated January 3, 1996 (3 pages) Planning Commission Minutes dated January 8, 1996 (4 pages) Photos (10 pages) 4 � ��i� �z � / ' � ��o e�a�€�s�aa � o�o,_� 47��' I�� ' � ��o dzv�t�e�re �m �--- � ��4i� r �� a ,'�� a s1��s � ��r ��s � i � a�� . y` ' 21'Jfr g B0� 6�41059�0 59'Ifl '� �1 �'��102 21�a �-� 2120 6 � a46 Z107 r _�en+�th�aYay_ �_�� Y�t�b � � A o,,_ y� s 2oa� .w � ao�o � 3 �. � flldl '�, '�"t�i� � ' 2fl10 2q05 1� Bt�il ' I y ' 1� i ao�oo ` t 1�'5 ti �� , � �� I �� 1970 I 0 1 I •---�-- - ° —_-�-� �._�� g 995t1 � Dulutts$t — Subject Property ''�' $�$ ' �� ' � s�e� �� `` ��fl r - ' „ ;' s " �� e � °' �ta��"no»d B � .-.�''�-... 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", ° 604 ; 8 � gZ �3 435�m �i3 6#2 640 31 .� y p fl�20'1 58 �°°°�' 5825 —�{�,� �� $ 1 �� 833 @ 6T1 "�$0 1 5 �- -��—I i i � 3a��t1�,_-�41 1�6513?5 '� r �mW�mxs,a�a+� %%��tiaca��sc,�� 7D'�'F�2 � 13$� , - . n o � �as�..�....�� i C� o � � Q ,� �� , � Fire Department `F i r e D e p a r t m e n t 763-593-8065/763-593-80981fax1 To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: Conditional Use Permit Amendment 42.03 Super America, 1930 Douglas Dr. Date: June 14, 2011 I have reviewed the Conditional Use Permit amendment information packet for the Super America gas station, located at 1930 Douglas Dr. The Conditional Use Permit application is requesting 24 hour operation per day. In reviewing the packet information, listed below are my comments. 1. The 24 hour operation shall be conducted by a qualified attendant or should be under the supervision of a qualified attendant at all times. 2. The gas station attendant shall be able to communicate with persons in the dispensing area by using a PA, or public address speaker system inside that is located at the pump dispensers. A public address speaker system is to authorize the fueling and controlling of the dispensing of fuel. 3. The operation in controlling and observation for the attendant shall be in accordance with the Minnesota State Fire Code. If you have any questions, please contact me at 763-593-8065, or my e-mail address, eandersonCc�ci.qolden-valley.mn.us ea/j 1 NARREITNE DESCRIPTION Northern Tier Retail,LLC dba�uperAm.erica 4443,is only requ�g�.c�e in oger�t3ng hours. Northern Tier Ret�,LLC v�ould like to oper�.te SuperAm�rrnc�.Stoz°e#4443 twenty-four hours a d�y,which i�an increase from fhe aurrent eighteea hour busin�ess day. There vvill b�na change to th�st�ucture or equipment within the star�. North�rra Ti�r Retail,LLG would ne�rd to l�ite�ddi�onal enaployees�o nt�n�ge the stbre for the expaad$d hours of cxperation. Northern Tier Retail,LLC would experience au iracre�se in customers be��ise of the c�nv�nience of being open for business twenty�fot�r hours a ci�}+. Northem Tier Retail��,LC daes not elepeat any off �ite impa.ct as a result of the change in haurs of opegation. 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' � � � � '� \' -�a� _ f � �� r4 `� -- - � �amew �� l + �� - �i �� ! �a 3 _-�8 i � s °vruo L__, . '- l-UZ-f �SZ-� I-SZ-i� --. � �1 �� ` 1 °� � � 1 I � �` � °"'�"B eA+�W 6��8. ',. wea� � s" og +� s�o .,�(�`::. ,.. w�:luea �� i c' �� y_�� \� d �« � �_ �� ga � � 9�1 N n��1 � et �� r8��S �� I � 4 N�J�N � Y �` $, � � � � ��: a,a �� p � � �_9��b �� , a� \� .�_ Sea�cml . �_�.. 1ndCFdD 801aws Cleanl � Y_._b M�0 =.,\ dod �\ C��'�:_�:- - , ��r � `� 4 !*312�1 I�i}Z-I �� ' � .` \ �Id�Id � At�!Woua Saieataq�d� a.e a .� � � �� ► ��,� �� J� _ _�� _ N � N d' O co � CiTY OF GOLDEN VALLEY CONDIT. IONAL USE PERMIT N0. 89-42 DATE OF APPROVAL: June 13, 1989 by the City Council in accordance with Section 11.10, Subd. 2 and Sectian 11.11. Subd. 1 of the City Zoning Code. ISSUED T0: John K. Ogren Properties � APPROVEO LOCATION: 1910 Douglas Orive ' APPROVED CONOI7IONAL USE: Operation of a SuperAmerica. 5tation with Convenience Sho�ping in a Commercial Zonina Distr�ct. CONDITIONS OF APPROVAL: 1. Site layout shall be as indicated on the site sketch filed in the City Planning office. The four-foot wide strip shown on the site sketch as running along the perimeter of the main build3ng and extending into the setback are on the property's west side shall be a sidewaak only. In � addition, there may be an overhanging roof line extending no more than 30 inches into the setback area. ' 2. Except for changes required b� the Build3ng Board of Review, landscaping on the site shall be as indicated on the Landscape Plan filed in� the City Planning Office. 3. Between the hours of 10:00 PM and 7:00 AM loudspeaker use shall be 7im�ted to emergency communications. q 4. The dumpster area shall be fully shielded from v3ew. 5. The site shell meet all other City and State requirements. 6. Failure to comply with any of the terms of this permit sha11 constitut� grounds for revacation. 7. The station shall not be open for public business fram I1:00 PM to 6:OO �AM. WARNING: This permit does not exempt you from other City Code provis�ons, regulations and ordinances. ISSUED BY: � Mark W. Grimes, D rector o anning and Deve opment MEMORANDUM Date: January 3, 1996 To: Golden Valley Planning Commission From: Elizabeth A.Knoblauoh,City Planner � Subject: Informal Fablic Hearing—SaperAmerica(SA)—1930 Donglas Drrve— Amendment of CiTP for Gas Station/Convenience Store to Allow?A-Honr Operatton—SuperAmerica Gronp,Inc.,Appl�cant This facility at Duluth and Douglas(sea location map,Exhibit A)was built in 1989. As originally proposed,the station would have remain�d opan until midnight in order to provide service for the work shift ooming out of Honeywell at l lpm. Due to neighborhood concems,�lie City Council moved clasing time back to l lpm prior to approving the Conditional Use Permit. Operating hours thus ara limited to between 6am aad l lpm daily. The specific wording of this part of SA's permit(see axisting CUP,Exhibit B)is that"tha station shall not be open for nnblic businese"(emphasis added)dwing the prohibited hours. Thera was some concem a few years ago about activity at the station after hours. The Golden Valley polica kept the site under obsarvation over a period of severa.l nights and found that no public business was being conducted. Employees inside th�store were doing restocking and cleaning after hours,which is not prohibified under the terms of the parmit. Staff are not awar�of any other complau►ts regazding night time activity at SA. Tha current request is to eliminate the restriction on hours of operatioa so thax SA can serve customers on a 24how basis. The applicant has no intent to amend othar terms of�the axisting permit,though tlne Planning Commission and/or City Council could considar additional modifications if there are concerns about naighborhood impact. There ara t6n factors that must be considered in making a decision to approve any CiJP,or any amandments to an already-existing CUP. Stai�fmdings on each af ths ten are discussed below. 1. Aemanat�rated Need. 'The proposal meats the standard for demonstrating need because the applicant has identified a market segment to sarve. Not only does Hon�ywell have shifts that begin or end during late-night hours,but other businesses in the azea do as wall. 2. Conaiatency wi�h the Comnrehensive Plan. The comp plan identifies the site for convarsion to high density residential use at some fut�ua poin�. Tha City's policy is to a11ow full rights to current uses that ara properly zoned until such time as there is a sarious proposal for redavelopmeirt to a planned future usa. The property is zoned for commercial use,and tlaere is no upcoming proposal for apartment redevelopment. Therefore,the proposal is consistent with the comp plan as it is usad in Golden Va11ey. SuperAmerica Memo Page Two 3. Effect on Ne�g&borin�Pronertv Vaines. The facility is already in place. The proposal to axtend its hours is not expected to have a sigaificant impact on neighboring proparty valuas. 4. ��fect of Traffic Generatiton. There is a.lrea.dy some congestion on both Duluth and Douglas adjacent to the sita during day time hours. City Enginear Fred Salsbury does not anticipats any additional street congastion due to the aite being open 6etweea l lpm and 6am. 5. Effect af Li�reas��lm Pa�ulation or Densitv. The anticipated late-night employee population of twa is not expected to have any significant imgact on the area. There will be no change in the development of density of the srte. 6. Effect of Increased Noise Levels. Somawhat con�rary to the applicant's narrative(sea Exhibit C),use of the laudspeaker system is now prohibited between l Opm and 7am. This ban is not expected to change if the hours of operation ara extended. Most of SA's suppliers do not offer 24-hour delivary,so late-night noise from thase sarvica vehiclas is not expected to increase significantly. Baked goods are already delivered daily some tima bafora the atore opens at 6am. Gas delivery is scbeduled between 4am and 6am;the City Fira Inspector prefars to have the ta�kers on the site at a time of ni�Ut when thare is little other activity in the gen�rral area,for safety purposes. If the neighbors raise concerns abaut t�nker aoise,howaver,the City could specify a required window of dalivery in the terms of the ameaded permi� Staff are not aware of any.complaints occurring in connection with the 4am to 6am delivery wuidow. 7. Effects o Odors,Dns Smoke.Gas or�bratian. No significant added impact is expected from the increased hours. 8. �ffgct of�,R�a��ts,or Vex�n�tn. No significant added 'unpact is expected from the increased hours. 9. Vis al �ea�rance. Expanding the hours of operation is aot expected to have any impact an tha visual appearance of the properiy(see site plan,Extu'bit D)except wiYh regard to lightittg. During the time when the station is closed,the pump canapy and e7cterior signage lighting are turned off. Wit1n a 24hour oparation,obviously,they would be laft on. There are nonras% dantial usas immediately adjacsnt to the site on all sides except where the apartmants are located. The SA building itself helps to block any glare tlaat might spill over toward the apartments. The SA consultant has indicated tlnat the apartment manager does not considar lighting to be aa issue for tenants of units that face SA;in fact,thay appear to favor added hours of oparation"for security reasons". 10. Other Effe�ta on tha Gene�l Pab�l ealtl�,Sa�etv or Welfara. Becausa of publicity given to recant conveiuence store hold-nps in Minneapolis,staff thought thera might ba some concern about safaty issues ralating to the extandad hours of operation. Public Safety Diractor Dean Mooney was asked to commen� He said that convenience stores ara wlnarabla to hald-ups by their very nature,as aze all businesses that remain opan to the public tlarough the night. SuperAmerica Mamo Paga Threa Golden Valley's"dog wa,tch"rouYanely stops by all of the City's 24hour operations for just that reason. SA makes a serious effort to mainta3n as safe a nighttima environment for its employees and customars a.s possible,including such measures as always having ax least two employees on-site,not putting inaxperienced employeas on late-night shifts,and offering regular employee training. Dirsctor Mooney pointed out that,while 24-how operation would marginally increase the station's wlnerability to hold-ups,it would at the same time reduca the likelihood of burglary or vandalism,which are also problems for sma11 businesses such as this. He feals that fihere is enougla 24-hour aotivity in the general azea of Duluth and Douglas to offer additional protection against hold-ups,which are more likely to occur in isolated locations. Finally,staff asked Director Mooney specifically whether there should be canse for concern that a 24-hour operatiott at this site might de�rease safety for the neighborhood in general. In his opinion,that is a non-issue. Staffhave idantified no other potemially adverse impacts that might arise from eupanding tha hours of operatian at tha site. Recommxendat�ton The proposed expansion of daily oparation from tha current 17-hours-per-da.y to 24-hours doas not appear to stai�to result in any adverse impacts. Staffther8fore ha.ve found no reason not to allow the exp8nded hours. Those livuig in close proximity to the site are in a bettar position than staffto evaluate how wall SA performs now during its earliest and latest hours of daily operation,since sta.ff are genarally not around at those hours. Other than tha one incidettt regazding suspected after- hours operations,there are no complaints on file with regard to late night or aarly morning activity. Basod on that fact,staff�vould recommend that the Planning Commission recommend Cowncil approval of an amendment to tha existing CUP for SuparAmarica at Duluth and Douglas,str�cing out#7,which limits the hours of opera.tion. Strictly for clarificatiom purposes,a clause might be addad to#3,regazding use of the loudspeaker,so that it begins"The staxion may be open for public businass on a 24hour daily basis,but..:' Othar concarns raised by the public should be considered on their merits,particularly regarding tas�tcer noise or lighting. EAK:mkd Attachmenl�: Exhibit A-Location Map Exhibit B-CLTP Peraiit Exhibit C-Narra,tiva Exhibit D-Sita Plan � ti a 0 Minutes of the Golden Valley Planning Commission January 8� 1996 A regular mee�qng of the Pianning Commission was held at the Golden Vatley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota. The meetfng was called to order by Cha Prazak at 7:OQpm. Those resent were Com ssion rs Groger, Johnson, sne Lewis, McAleese, Pentel and Prazak. Also present we e Maric rimes, Director of annin�a d Development; Elizabefih Knoblau , City Planne and Ma Dold, Planning crefiary. I. Ap oval of inutes- No mber 27 95 MOVED by Pen , seconded by M and motion camed u sly to app ove the �lovember 27, 9995 minut�s as submitteol. [I. Infiormal Public Hearing -Conditional Use Permit Amendment Applicant: SuperAmeric� Group, Inc. Address: 1930 Douglas Drive North, Golden Valley, Minnesota Request: Amend Conditional Use Permit which would allow for the hours of operation to be extend�d to 24 hours a day Beth Knoblauch, City Planner, gave a brief summary of her report to the Commissioners dated January 3, 1996 comm�nting that SuperAmerica (SA) is requesting the rostriction on the hours of operation (6am to 11 pm} be lifted to allow for SA to service their customers 24hou�s a day. Since the store was opened (n 1889, there has only been one complaint regarding the store being opened after 11 pm. As it tumed ou°t� employees were restocking shelves and cleaning which is permissible under the CUP. Ms. Knoblauch reviewed the ten"Factors for Consideration"commenting on several factors: Demonstrated Need. Honeywell has a late shift, as other businesses in the area do. These employees on the late shift may choose fio buy goods at SA. Effeat of Traftic Generation. Cit�r Engineer Fred Salsbury does not anticipate additional street congestion due to the site being open 24-hours a day. Eff�ct on Increased Nois� Levels. The loud speakers are limited to the hours of 7am and 10pm. Late night noise from deliveries shouldn't be a problem. The�re inspectors prefer the gas tankers to detiver in the early moming hour�when less cars will be.on the site. V9sual Appearance. There should be no�ffect other than lighting. Wth the 24hour aperatlan,the canopy and exterior lighting will be left on. The lighting is visible from the apartments, but it is not directed toward fihat area. Other Effects on Generai Public Heaiti�, Safety, or Welfiare. Director of Public 5afety, Dean Mooney cflmmented that convenience stores are vulnerable to hold-ups by their very nature, as are other businesses who remain open through-out the nighf. Golden Valley's°dog watch° routinely � ; Mmutes of the Golden Valley Planning Commission January 8, 9996 Page Two stops by all 24hour operations. SA makes a serious effort to maintain as safe a nighttime environ- ment for its employees and customers as possible, Director Mooney pointed oufi that the 24hour operation may marginally increase the station's vulnerabilifiy to hoid-ups, but at the same time it would reduce the likelihood of burglary or vandalism. Director Mooney's opinion is that a 24-hour operation will not decrease the safety for the neighborhood in general. Ms. Knoblauch said that stafl s recommendation to the Planning Commission would be to recommend to the City Council approvai af an amendment to the existing CUP striking out the hours of operation (#7 on permit) and language added regarding the use of fihe loudspeaker. Commissioner Lewis asked ifi all the pumps would be lighted after 19 pm. City Planner Knoblauch said it would be difficult not to have the whote area illuminated. Chair Prazak asked the applic�nt to come forward to make any additional comments and answer questions from staff or the commission. Michael Cronin, 8809 W. Bush Lake Road, representative far SuperAmerica, commented that cusfiomers are the reasan SA is requesting to be open 24-hours a day. He show�d pictures of the area and talked about buffering that surrounds the store. Mr. Cranin commented that he had talked with the manager of the adjacent apartment building, who said that most tenants don't have a problem with the e�ctended store hours. Commissioner Lewis asked Mr. Cronin about the canopy lighting. Mr. Cronin said the lighting is pointed downward and would prefer not ta tum down the canopy lighting. Chair Prazak opened the informal public hear�ng. Dr. Mildred Hansen, owner of the Go[den Valley Arms apartments, said that the apartment manager was incorrect in the number of residents who are against the propasal. The manager's count was 3 or 4 residents and Dr. Hansen's total came out to be 13 residents obJeoting to the extension of hours. Dr. Hansen talked about the noise from the tankers at 3am and the clanging of garbage containers in the eariy moming haurs. She does not believe her apartment should be considered a buff'er for SA. Dr. Hansen strongly opposes the request. Bob Parzyck� 2Q05 Brunswick Ave. No., opposes the extension of hour�and is concemed with the smell of gas fumes which come from the area. Elinor Snodgrass, 1945 Brunswick Ave. No., opposes the extension of hours and is conc�r�ned with added traific congestion on Duluth and Douglas and the loudspeaker system. Commissioner Pentel asked Ms. Snodgrass if the speakers could be heard from her backyard. Ms. Snodgrass answered yes. Paul Snodgrass, 2010 Douglas Drive, opposes the extension of hours and is upset with the night time deliveries and noise they make and fumes generated from the intersection of�ougtas and Duluth. Larry Blackbum, 2000 Dougla� Orive No., is concemed with the amount of lighting that is generated. His other concems are with the clientele that will be generated firom a 24hour operation and safety. � : � � . Minutes of the Golden Valley Planning Commission January 8� 1996 Page Three Norma Ruths, 1935 Brunswick Ave. No. is concemed about safefiy with a 24-hour operation, the laudspeaker noise—especially in summer� gas delivery and trash contain�r noise. Mr. Cronin, SA representative, told the commission that SuperAmerica had some homework to do and would be willing to wor�C with Dr. Hansen and the neighbors to clean up the operation on an issue to issue basis. Chair Prazak asked Mr. Cronin if there was an altemative#o the Ioudspeakers. Mr. Cronin cammented that the loudspeakers need to be there due to flre code and there needs to be the open communication between the customer and the employees inside. Commissioner Kapsner asked where the speakers were located. Mr. Cronin said more to fhe top of the post. Commissioner Kapsner asked if the speaker could be moved down to ear level or could SA investigate new fechnology for loudspeakers. Commissioner Pentel asked the applicant about the delivery of gas. Commissioner Kapsner commented that the Ciiy is telling SA that they would like to see gas delivery in the eariy moming hours because of traffic; City Planner Knoblauch acknowledged this comment. Commissioner McAleese asked stafF if there were regulations regarding garbage pick up. Sfaff commented that City Code only regulates residential zoned areas. Commissioner McAleese asked when garbage art SA was being picked up and Dr. Hansen said 5am. The store manager said that trash should be picked up later than that and will look into this with the trash haulers. Chair Prazak closed the informal pubiic hearing. Commissioner Kapsner believes the problem with the frash cans and other issues raised can be worked out. He commented that the notse with the speakers need to be addressed so people don't hear the speakers a block away. Commissioner Kapsner said that there is an opportunity for the applicant and neighborhood to work tagefiher to solve same of the issues. Commissioner Johnson agreed that same of the issues coutd be resolved with the applicant working with the neighbors. She doesn't believe that a 24hour operation vNill be a problem and that undesirables will not come into the area just because there is a 24hour operation. Commissioner Johnson agreed with Director Mooney that having a 24-hour operation can be a benefit to the area by decreasing the prospect of crime. Chair Prazak concurred. Commissioner Groger agreed thaf some issues could be worked out. He commented that it doesn't take much tighting to be distractive and this may be the case with the apartment building. Commissioner Groger also talked about the lack of adequate buffering betuveen the SA and the apartment building. Staff suggesfed that maybe the applicant could look at adding larger evergreens in the area where the apartment buiiding can be seen. Chair Prazak asked sfiafF to camment on the lighting. StafF said they could ask fihe applicant to do a lighting sivdy and decimal rating of the loudspeakers. The ideal situatfon would be to not have#he sound leave the area. �• C . , . • � d Minutes of the Golden Valley F'lanning Commission January 8, 1896 Page Four Commissioner McAle�se commented that he would encourage the commissian to recommend to the City Council to look at the lighting issue. Commissloner McAleese said he wauld vote agains#the proposal because he believes a 24hour operation would change the character of the surround(ng residential area. He said he was also very concemed with the noise at this intersection. Commissioner Lewis ls cflncemed with safety in the area with a 24-hour operatian, lighting and gas delivery in the middle of the nigh� She opposes the request. Chair Prazak commented that he feeis there are concems between fihe applicant and neighbors and would highly recommend fihafi fihese issues be talked about before the request comes before the City Council. Chair Prazak is in favor of the request for a 24-hour operafiion at Duluth and Douglas. Commfssioner Pentel said that the speaker issue needs to be addressed before it goes to the Council. She believes there is a need for a 24-hour gas operation in the area. Commtssioner Pentel would Iike to have the conditions state that there would be no speakers after 10pm, no trash pick-up before 7am, have tankers deliver gas cfoser to 6am rather than 3am and encourage SA to put up signs to encourage its customers to fum aff their cars and radios before entering the store. Commissioner Pentel said that she would like to see the SA request tabled until a�ime when the applicant and the neighbors have had a time to review the issues at hand. Mr. Cronin came forward requested a postponement, for an indefinite time, of SuperAmerica's request.ln order to meef with the neighbors and address issues that were brought up at the meeting. MC?VED by Pentel, seconded by McAleese and motion carried unanimously to postpone SuperAmerica's request to amend the Conditional Use Permit to aliow for a 24-hour operation of their store at 1930 Douglas Drive. III. Informal Public Hearing -Planned Unit Development ;' pplicant: Golden Valley Commons, L.L.C. Ad s: Northeast Quadrant of Olson emoriai Highway and Winnetka Avenue (Area C) ,,, Requesfi: eview of the Prelimi, ry Design P1an which proposes construction of mixed i) and restaura �uses on 7.8 acres on the sifie known as Area C �,, , Mark G�imes, Director of Pla ing ; tl�Development, gave a brief summary of his staff report to the Planning Commission dated Jan ry 5, 1996. He highlighted a few areas of interest. Th� RFP had stated that no drive-thraugh r au ts would be allowed an the site. The applicant is nofi proposing a drive-through restaurant have in ted on the site plan a drive-through for the pharmacy on the west side of the mafn bu' mg. Glen Van ormer, consultant wlth SEH, reviewed the site plan for the City and develope nd parking layout. It r. Van Wormer's belief that there is enough parking available on the sit o accommodafie all the uses - oposed. Mr. Grimes talked about the sidewalks on the site. Th idewalks on the south and west si � of the site have been de-emphasized because of b y Hwy. 55. There is a sidewalk along the ck side of the post oftice and a sidewalk along Rhode Island Avenue down to the southeast comer to accommodate the restaurant site. There are also sidewaiks on Golden Valley Road and the north portion of Winnetka Avenue. He also said there were very good pedestrian connections to all of the Valley Square area. Mr. Grimes stated that :$ �� , � i a } , � �° . ,:� � ti�b ,�, �; e ;F� • ^t°'' � p; . � � � � � �� x �, = � . � E� � �� , � � = r1�� . d��'. � . Z � y�R A .i t d y #�`q�' .�.X�'�yd�g# V j .� ' &� i,z�qxif�•, c�Slr'� f 5 ,Eu£,F., „rs k� �. 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', • �� , �� , _,�� .. � - �;� � �: � ��, �„ � ,-��Ii I' � , � a � � '°,� �� _ , Y ,�y`x' y' t �� t1i�,., �> � ' � �' t u .. ��# ��; �� +, � �"a, � � � "-` 1 ��' ��"�� . t � _.._., � . �� , I � �s` �� - � t , . a.-.,_.._.�,..,:3.-- -- :. � � � * a *°�«. s' + � ��,.. ri;. � � a' �. e..��+� ��:�a�,,,�� ,.,'1 �?;� � � ' � �M(.OMM . � ,� � w�. �s��'�t�' �.� � . " � ■�� .,�� -.�.� ,� � � ■�� ' � �, ° r'�"`�, ,� �.�a' < � ■ �� t , `^ �' • ! ,�.f .:dr .�±!�i�< ' C::L:LL6�C'��RA� i � ` . # ��r4., s.t�" � `�' i;r`,q� � � _ 7,i :�. x.�^' �'�'r' ,s.a` �� r � � r ' ?� i 'f',s'� 1Y� +' _ �, � �'� � "� 6. .. � /1�� t�'3�. i z"2�' f"; � � � � � s,� .. � � � �; µ » ' � ; * � �. . m .µ. 't�� ' :'� a�# � ,y,'. "A` � . I n. *v � �z� � ,�a,��` s�;.u� ,�.- �,.„_ �� / *�ry C r I p K. .?� � �-�!I • • �. • 7� ��, � �;» �i-M. 5�.� �' �in .� �T,•� �� ,� • • ,� �� N '�" � w a � . � �i1 J . . � �� 'w�'r.'� �r,� .. ,�� y �� i��k �r s.` „ � 4 S �Ll � �w �!� .� y`" , ,��'�� ; ��.�_ � j �` ; ;�t ;' .� � . �, . � w� , � i �F. .. e ,�-f. °'��;�,�., ��,, , � t�a � L? �� i�' � "' . ' � ;{ . �`� — '�� -�� Planning o � � � 763-593-8095/763-593-8109 (fax) Date: June 22, 2011 To: Planning Commission From: Joe Hogeboom, City Planner Subject: Continued Item -Amending Variance-Related Language in City Code Section 11.90: Administration Background At its June 13 meeting, the Planning Commission discussed the new state statute that reauthorizes cities the ability grant waivers (variances) to zoning regulations. The Planning Commission raised several issues with the proposed language and requested that staff consult with the City Attorney for guidance. Staff, in consultation with the City Attorney, has addressed the following issues: 1. Defining "practical difficulties" in the Code language. Staff added the following bullet points in City Code with reference to the term, "practical difficulties": a. The property owner proposes to use the property in a reasonable manner not permitted by this Chapter. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner. , c. The variance, if granted, will not alter the essential character of the locality. 2. Synchronizing the period in which a variance is granted with the appeals process that an "aggrieved" party may follow. The City Attorney has provided language that would make variances effective 30 days following the issuance of the Final Order from the Board of Zoning Appeals, or the final decision by the City Council if the variance is appealed. Doing so would require that the petitioner wait an additional 30 days to act upon his/her variance. The Planning Commission must decide whether or not if feels that synchronizing the time period between the approval and the appeals process is worth causing a 30-day delay for action on a variance. 3. Providing clarification on the term "other action" in reference to what must take place within a one-year period of a variance being granted. The City Attorney suggests amending Subdivision 4(C)(3) to read as follows: "In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perForm the action authorized thereby shall lapse after the expiration of one (1) year following the date of service by mail of the Order granting the variance, unless construction has commenced or a valid buildinA permit for the work described in the variance has been issued and work is proceeding in an orderly way., �� +s within said one-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the Order granting the variance." Recommended Action Staff requests that the Planning Commission vote to recommend amending Section 11.90: Administration of City Code, to include references to new state variance regulations. Staf� requests the Planning Commission to incorporate the following findings into its recommendation: • Municipalities are granted the authority by the State of Minnesota to grant variances to local zoning controls. • The City of Golden Valley has authorized the Board of Zoning Appeals to carry out the function of granting variances. • New legislation was enacted on May 5, 2011, that redefines the criteria for considering variance requests. • The City must update Section 11.90 of City Code to remain consistent with state law. Attachments: City Code Section 11.90: Administration (7 pages) Section 11.90: Administration Subdivision 1. Administration and Enforcement The Director of Planning and Development is hereby authorized and directed to enforce all the provisions of this Chapter. The Director may delegate this authority to any administrative official or support staff inember of the City, who shall be directly under the control and supervision of the Director of Planning and Development. Such stafF shall have the following duties: A. To issue all permits and certificates required by this Chapter. B. To receive process and forward all applications for various zoning requests as stipulated in this Chapter. C. To cause any building, structure, land use, place or premises to be reviewed and examined and to report in writing the remedy of any condition found to exist therein in violation of any provision of this Chapter. Subdivision 2. Non-Conforming Uses A. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one (1) year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50%) of its market value and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. B. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. C. Notwithstanding subparagraph A, above, the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Go/den Valley City Code Page 1 of 7 Subdivision 3. Zoning Map Changes and Chapter Amendments No change shall be made in the boundary line of any zoning district, or in the permitted and/or conditional use or regulation for any zoning district, except after an official public hearing and upon a majority affirmative vote of the Council. However, the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential, two family residential, and multiple dwelling sub-districts to either commercial, industrial, light industrial, and business and professional offices requires a two- thirds (2/3) majority affirmative vote of all members of the Council. Zoning boundary changes or Chapter amendments may be initiated by the Council, or by petition of affected persons and property owners within the City. Upon receipt of such a petition, the matter shall be referred to the Planning Commission for review and recommendation. The Planning Commission shall conduct an informal public hearing within sixty (60) days of receiving said petition, and after notifying all property owners within five hundred (500) feet of the boundaries of the property involved. Following receipt of the Planning Commission's recommendation, the Council shall conduct an official public hearing within sixty (60) days and make a decision thereon within ninety (90) days. Subdivision 4. Board of Zoning Appeals There is hereby created a Board of Zoning Appeals which shall be organized, operated and have certain powers, as follows: A. Organization. 1. The Board of Zoning Appeals shall consist of five (5) members. All members of the Board of Zoning Appeals shall serve a one-(1) year term. During the month of April the City Council shall appoint four (4) of the members and two (2) alternate members. The vice-chairperson of the Planning Commission, appoi.nted each year at the annual meeting of the Planning Commission, shall be the fifth (5th) member of the Board of Zoning Appeals. All of the members of the Planning Commission are alternates to the Board of Zoning A�peals. In the absence of any member of the Board of Zoning Appeals, any member of the Planning Commission may serve as an alternate. At least one (1) member of the Planning Commission shall be present at each meeting of the Board of Zonina Appeals. The Board of Zoning A�peals shall meet at least once a month if there are any petitions pending for action. 2. The �Board of Zoning Appeals shall keep a written record of all of its proceedings, including minutes of its meetings, its findings and the action taken on each matter heard by it including its Final Order. The Board of Zoning A�peals shall adopt such further rules for the conduct of its proceedings as it shall deem necessary, including rules governing the exact date of its meetings, the date by which petitions must be fled to appear on the agenda of any particular meeting, provisions for the conduct of the meeting including the matter of giving of oaths to Golden Valley City Code Page 2 of 7 witnesses at the hearings, the manner in which evidence might be presented at the hearings and provisions for the filing of written briefs by the petitioner or other interested parties. B. Powers. The Board of Zoning Appeals shall have the following powers with respect to this Chapter: 1. To decide appeals where it is alleged that an error has been made in any Order, requirement, decision or determination and/or interpretation made by a City administrative ofFicer in enforcement and administration of this Chapter. 2. To hear requests for variances from the ' � ' requirements of this Chapter, including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. A variance may be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this Chapter. "Practical difFiculties," as used in connection with the granting of a variancel means: . a. the property owner proposes to use the pro�erty in a reasonable manner not permitted by this ChapterL b. the plight of the property owner is due to circumstances unique to the property not created by the property owner; and c. the variance, if granted, will not alter the essential character of the localitv. 3. Economic considerations alone do not constitute practical difficulties. Practical difficulties include but are not limited to, inadequate access to direct sunliaht for solar energy systems. Notwithstanding the foregoing, variances shall be granted for earth sheltered construction as defined in Minnesota Statutes section 216C.06, subdivision 14, when in harmonv with this Chapter. 4. The Board of Zoning Appeals may not grant a variance that would allow any use that is not ��allowed under this Chapter for property in the zone where the afFected person°s land is located. T"�� The Board of Zonina A�peals may impose conditions in the granting of variances. A condition must be directly related to ' . and must bear a rough proportionality to the impact created by the variance. Golden Valley City Code Page 3 of 7 �. , ,,..,..,:,a,.a ,-i...,+. }w,, n,..,r,a a,...,,.......:..,.,. �.�,.,� ., .,�.i,. .,i..,......,+.;.,,. ri vv�ucuzTia � 5. When either the City, Hennepin County or the State of Minnesota creates or worsens a nonconforming setback or prevents or worsens compliance with the applicable parking requirements by acquiring, a portion of a lot for a public improvement, the lot owner shall be entitled as a matter of right to obtain a variance for the nonconforming setback or parking condition so created or worsened. This subparagraph shall apply only to acquisitions taking place after June 1, 1992, and shall not apply to acquisitions taking piace in the normal course of the land subdivision (platting) process. Nothing contained in this sub-paragraph shall be interpreted to lessen the requirement for a traffic management plan contained in Section 11.56 of the City Code. Source: Ordinance No. 89, 2nd Series Effective Date: 5-21-92 C. Procedure. 1. Appeals to the Board of Zoning Appeals may be taken by an affected person upon filing of a petition form with the designated staff liaison. Such petitions shall be heard at the next regular monthly meeting of the Board of Zoning Appeals, provided that such petitions must be received by the Department of Planning and Development no later than fifteen (15) working days prior to the meeting date for which a hearing could be scheduled. Failure to follow this procedure shall result in a delay of the hearing until the next regular meeting of the Board of Zoning Appeals. Each petition shall be comprised of a survey, prepared by a registered land surveyor licensed in the State of Minnesota, locating all property lines, buildings, and streets along with a completed petition form, provided by the City, and a filing fee as prescribed in this Chapter. The petition form shall be completed in sufFicient detail to clearly demonstrate the variance applied for or the administrative act being appealed therefore, and shall set forth the reasons and justification cited by the petitioner as grounds for granting the petition. Source: Ordinance No, 142, 2nd Series Effective Date: 3-14-96 Z. The Board of Zoning Appeals shall give at least ten (10) days written notice of the time, place of hearing and nature of the appeal to the � petitioner and to all adjacent (abutting) property owners. Any Golden Valley City Code Page 4 of 7 party may appear at such hearing, whether in person or by agent or attorney. The Board of Zoning A�peals shall make its Order with respect to said appeal within seventy (70) days from the date of the hearing thereon. Within thirty (30) days of the final written Order of the Board of Zoning Appeals any petitioner feeling aggrieved by the decision of the Board of Zoning Ap eals may file a written appeal with the designated stafF liaison, thereby appealing the decision of the Board of Zoning Appeals to the Council. Therefore the Council shall, within thirty (30) days from the date of such appeal, make its findings and determination with respect to the appeal and serve a written report thereof upon the appellant by United States Mail. The final written Order of the Board of Zoning Appeals shall not be effective, nor any permits be granted thereon, until the later of the expiration of the thirtv 30 days after the Order or, if a�pealed to the City Council, the Council's service of a written report of its findings and determinations. If no appeal is taken by the petitioner from the decision of the Board of Zoning Appeals in the manner hereinabove provided, then the decision of the Board of Zoning Appeals shall be final. 3. In those cases where the effect of the decision of the Board of Zoning Appeals is to grant a variance, the permission or license to perform the action authorized thereby shall lapse after the expiration of one (1) year following the date of service by mail of the Order granting the variance, unless construction has commenced or a valid building permit for the work described in the variance has been issued and work is proceeding in an orderly waxe�#e�ac-�i� �� ~�~��~��' within said one (1)-year period in accordance with the plans for which such variance was approved, or unless otherwise specified in the Order granting the variance. The Council in its sole discretion may grant an extension of up to one (1) additional year upon request of the applicant. Any modification of the plans prior to or during construction shall be cause for the issuance of a stop order and the filing of a new petition for variance if in the opinion of the Building Inspector such modification adversely affects any aspect of the plans directly involved in the consideration and approval of the earlier variance petition. 4. A variance shall be ��efFective only to the extent of the exact circumstances contained in the petition therefore or as approved. Any subsequent property alteration that would impact the extent of an existing variance, either through additional horizontal or vertical expansion or through such other form of change as may be applicable shall require a new petition for variance. A proposed, fully conforming alteration to a property for which a past variance was granted shall also require a new petition for variance if the ofFicial records of the Board of Zoning A�peals indicate that the current proposal adversely affects an aspect of the property that served as full or partial grounds for the earlier variance. Golden Valley City Code Page 5 of 7 Subdivision 5. Interpretation In interpreting and applying the provisions of this Chapter they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not the intention of this Chapter to interfere with or abrogate or annul any easements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of building or premises or upon height of building or require larger open spaces than are imposed or required by other City Code provisions, rules, regulations, or permits, or by easements, covenants or agreements, the provisions of this Chapter shall govern. Subdivision 6. Fees All fees provided for under this Chapter, including, but not limited to, rezoning, variances, special and conditional use permits, planned unit development and amendments, platting and waiver of platting, easement and alley vacations, shall be fixed and determined by the Council, adopted by resolution, and uniformly enforced. Such fees may, from time-to-time, be amended by the Council by resolution. A copy of the resolution setting forth currently effective fees shall be kept on file in the office of the City Clerk and open to inspection during regular hours. Subdivision 7. Comprehensive Plan A. The Council shall adopt, and may from time to time amend, a comprehensive municipal plan pursuant to the authority provided by and the provisions of Minnesota Statutes 473.858 and the related sections of said Minnesota Statutes 473. Before adopting any such plan or any amendment the Council shall solicit the recommendations of the Planning Commission with respect thereto and shall take no action thereon until such recommendation has been received or until sixty (60) days have elapsed since any such request for a recommendation and/or a specific proposal relating to said plan was submitted to the Planning Commission. In considering any such request or proposal, and before adopting any plan or part thereof or any proposed amendment thereof or position with respect thereto, the Planning Commission shall hold at least one (1) public hearing thereon. B. Following receipt of the Planning Commission recommendation, or the elapse of said sixty (60) day period, the Council shall upon published notice hold a public hearing with respect to the proposed adoption of the Comprehensive Plan or any amendment thereto and any action taken at such public hearing shall_become and be part of the Official Comprehensive Plan for the City provided that a resolution evidencing said action was approved by a two- thirds (2/3) vote of all of the members of the Council. All public hearings as required by this Subdivision shall be held no sooner than ten (10) days after published notice thereof in the o�cial City newspaper in the same manner as applies to the adoption of ordinances relating to or amending the Zoning Chapter. The Comprehensive Plan for the City as adopted pursuant hereto, Golden Valley City Code Page 6 of 7 and any parts thereof or amendments thereto, shall serve as a guide to the City and its public o�cials as respects future development and zoning actions of and within the City. Golden Valley City Code Page 7 of 7 9 ��'��'�a�N � � —., . h.� , r . r� �� Planning o � �. ��. e 763-593-8095/763-593-8109 (fax) Date: June 22, 2011 To: Golden Valley Planning Commission From: Joe Hogeboom, City Planner Subject: Proposed Ordinance Allowing Temporary Uses Background Currently, there are no provisions in the Zoning Code that address "temporary uses." Temporary uses could include carnivals, farmer's markets, circuses, festivals, promotional events, and fairs. Staff was recently contacted by a venue that wishes to operate a temporary circus-type event on the eastern end of the Shops at West End development. The City Attorney advises implementing an ordinance that allows the City to regulate certain aspects of a temporary land use. With this proposed ordinance, future community-oriented venues would also be subject to temporary use guidelines. To ensure that temporary uses are consistent with zoning rules, public safety concerns and are non-detrimental to municipal infrastructure, staff would evaluate temporary uses using the following criteria: A. Review of site plan for conformance to zoning regulations including, but not limited to: parking, signage, lighting, sound and landscaping; B. Plans for vehicle and pedestrian access, parking and traffic control; C. Provision of appropriate utilities including sewer, water, waste disposal, recycling, surface water drainage, power, etc.; D. Provision of appropriate public safety measures, including adequate steps to ensure fire protection and security of the site; E. A cleanup plan; F. Other conditions to address the public health, safety, welfare and community impacts from the use. Current Issue The current venue that would be presumably seeking approval as a temporary use is entitled "Cavalia." Cavalia, founded by one of the founders of Cirque du Soleil, involves large-scale equestrian and human perFormances. Cavalia requires a 26,300 square foot big top-style tent. The tent would be located on the vacant land on the eastern side of the Shops at West End development. The show would run from September 21 through October 2. With the exception of weekend matinees, all performances will take place at 8 pm. Golden Valley is currently in discussions with the City of St. Louis Park regarding the possibility of entering into a joint powers agreement, wherein the City of St. Louis Park would be responsible for the operation of the event. More information about Cavalia can be accessed at www.cavalia.net. Recommended Action Staff requests that the Planning Commission recommend approval for adding Section 11.04, "Temporary Uses", to allow a process by which the City can regulate the activities of temporary uses, finding that: • The Zoning Code currently has no provisions that regulate temporary uses. • There are appropriate locations in the City for uses such as carnivals, farmer's markets, circuses, festivals and other community-oriented events. • The Shops at West End, located partially in the City of Golden Valley, seeks to use its vacant pad space to host a temporary circus that could be regulated as a temporary use. Attachments Draft Section 11.04, Temporary Uses — Carnivals, Festivals, etc, (1 Page) Section 11.04: Temporary Uses — Carnivals, Festivals, etc. Subdivision 1. Purpose and Effect The purpose of this Section is to provide conditions under which certain temporary uses may be allowed while insuring a minimum negative impact to neighboring land uses. Subdivision 2. Authorized Temporary Uses A. The City Council may permit in any nonresidential use district for a temporary period not to exceed one hundred and twenty (120) days temporary uses such as carnivals, circuses, festivals and promotional events, including art fairs, upon the following: 1. Review of site plan for conformance to zoning regulations including, but not limited to: parking, signage, lighting, sound and landscaping; 2. Plans for vehicle and pedestrian access, parking and traffic control; 3. Provision of appropriate utilities including sewer, water, waste disposal, recycling, surface water drainage, power, etc.; 4. Provision of appropriate public safety measures, including adequate steps to ensure fire protection and security of the site; 5. A cleanup plan; 6. Other conditions to address the public health, safety, welfare and community impacts from the use. B. Such temporary uses shall be permitted within the required front yard, side yard, or rear yard; except where prohibited ur�der Section 7.04 of this Code. They shall not be allowed within the public right-of-way or other public property unless such right-of-way will be closed for the event by the City. Go/den Valley City Code Page 1 of 1