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06-27-11 PC Minutes Regular Meeting of the Golden Valley Planning Commission June 27, 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 27, 2011. Chair Waldhauser cailed 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 Development Mark Grimes and Administrative Assistant Lisa Wittman. 1. Approval of Minutes June 13, 2011 Regular Planning Commission Meeting Kisch referred to the first sentence in the first paragraph on page 2 and stated that he would like the words "occupancy load" changed to "maximum number of clients the daycare facility can be licensed for". Kisch referred to the first sentence in the first paragraph on page 3 and stated that he would like the sentence clarified to ask if the client load increases would the number of parties also increase. Waldhauser referred to the fifth paragraph on page 3 and stated that she would like the sentence clarified that she wanted to know the applicant's plans for screening the dumpsters. MOVED by Schmidgall, seconded by Cera and motion carried unanimously to approve the June 13, 2011 minutes with the above noted changes. 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 d istrict. Grimes explained the applicant's request to amend their existing Conditional Use Permit (CUP) to remain open for business 24 hours per day rather than 6 am to 11 pm as their current CUP allows. He noted that in 1996 SuperAmerica came before the Planning Commission with the same request. At that time the Planning Commission tabled their request in order to allow SuperAmerica time to discuss the issues with the residents in the neighborhood. The 1996 proposal was ultimately withdrawn by the applicant. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 2 Grimes referred to the site plan and photos of the property and discussed the following concerns he has regarding this proposal. He would like an acoustical engineer's report showing that noise from the Ioudspeakers cannot be heard at any of the property lines. He would like the applicant to ensure they are in compliance with the City's sign ordinance and he would like a lighting plan submitted to ensure compliance with the City's lighting ordinance. Waldhauser asked if the applicant has re-done the loudspeaker system since the last time they requested a CUP amendment. Grimes said no and noted that a condition in their existing CUP stated that there can be no use of the Ioudspeakers after 10 pm. Segelbaum asked about other gas stations in the area which may be open 24-hours. Waldhauser stated there is a 24-hour gas station at Hwy. 100 and Duluth near Byerlys. Grimes stated there is also a 24-hour SuperAmerica at I-394 and Louisiana. Schmidgall asked if the speaker system is a requirement of the Deputy Fire Marshal. Grimes said yes and explained that state law requires there to be a way for employees to communicate with people at the pumps. Kisch asked how this SuperAmerica fits in with the Douglas Drive Corridor Study. Grimes noted that SuperAmerica fit in with the study of the area and the study did assume there would be a retail use at this corner. Karla Bigham, Public Affairs Coordinator/Paralegal, Northern Tier Energy/SuperAmerica, referred to questions regarding the use of the loudspeakers. She stated that they would consider ceasing the use of the loudspeaker unless it is for an emergency. Cera suggested SuperAmerica have a neighborhood meeting similar to what was requested as a part of the 1996 proposal. Tracy Pink, District Manager, SuperAmerica, stated that he would be happy to meet with the neighbors. Bigham added that would also be happy to look at the lighting and sign ordinances to make sure they are in compliance. Kluchka asked the applicant's if they would consider making their gas pumps credit card only, all of the time. Bigham said they could consider doing that during the overnight hours. Kluchka added that he would also like to limit the use of television screens at the pumps. Pink said they currently have no plans to instali television screens. Kisch suggested additional screening (fence or landscaping) along the east side of the site. Segelbaum asked the applicants if they have considered having the gas pumps available 24 hours per day, but not the store. Bigham said they have not had that discussion. Pink added that they would like to have someone on site in case of an emergency. Waldhauser opened the public hearing. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 3 Bob Parzyck, 2005 Brunswick Ave N, said his concern is noise. Not so much from the loudspeakers but from cars beeping when they are being locked. He added that nothing good happens after 11 pm. Leann Moss, 2020 Douglas Dr N, said she agre�es the beeping cars are noisy. She said a lot of people walk through her yard and leave trash in her yard and she doesn't want more people and more trash in her yard. There is also a big light at the SuperAmerica store that shines in through her living room window. Paul Snodgrass, 2010 Douglas Dr N, said Golden Valley is nice and quiet at 11 pm and he wants to keep it that way. He said that adding trees and changing the lighting at SuperAmerica isn't going to stop the engine noise. He expressed concern about people sneaking around the neighborhood and said he is opposed to this request and would like to keep it the way it is. Marcel Lamour, 2000 Douglas Dr N, said he is the closest neighbor to SuperAmerica and he can hear the noise from the loudspeakers. He said he is worried about his house being robbed and he is against the proposal. Joseph Mastrian, 2101 Brunswick Ave N, said this isn't going to help traffic, the police are going to have to do more surveillance and there is no reason for SuperAmerica to be open later than 11 pm. Paul Snodgrass, 2010 Douglas Dr N, reiterated that changing the lighting and planting trees is not going to help the general roar. He added that he is also concerned that allowing SuperAmerica to be open 24 hours will draw people from Minneapolis. Seeing and hearing no one else wishing to speak, Waldhauser closed the public hearing. Kluchka suggested tabling the applicant's request to allow them time to have a neighborhood meeting. Commissioners Segelbaum, Cera and Kisch agreed that more time would allow the applicant to address the issues they've heard at this meeting and in the staff report. McCarty said that if SuperAmerica is willing to comply with the requirements there would not be a need to table their request. Schmidgall said he is inclined to recommend approval of the request with the condition that more screening be added. He said he feels the site could really be improved with better lighting, screening, fencing, etc. Waldhauser asked the applicants if they would like the Planning Commission to table their request, vote on their request or if they would like to withdraw their request. Bigham said their preference would be to meet with Mr. Grimes and decide from there if they would like to go forward with their request and/or a neighborhood meeting. MOVED by Kluchka, seconded by Cera and motion carried unanimously to table this request. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 4 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" Grimes reminded the Commission that this item was tabled at their last meeting. Since then language has been added to better define practical difficulties. Language has also been added to synchronize the approval and appeal process stating that a variance shall not be effective until 30 days after it is approved in order to allow an aggrieved party to � appeal. Waldhauser asked if a 30-day appeal process is typical. Segelbaum said he believes the City of Minnetonka has a 15-day appeal process. He said he is in favor of having a waiting period, but feels 30 days is too long to make an applicant wait to start a project. Schmidgall said he feels the language proposed to the Commission at their last meeting was fine. He said that making an applicant wait 30 days after they've received a variance is onerous. Waldhauser agreed. Waldhauser opened the public hearing. Seeing and hearing no one wishing to speak, Waldhauser closed the public hearing. Kisch said he agrees with the language that was added to define practical difficulties, but he disagrees with adding a 30-day waiting period for the issuance of a variance because it is burdensome to the applicant. Waldhauser agreed. Cera suggested requiring a 7 to 10 day waiting period. McCarty said he is not in favor of making an applicant wait to start their project. He added that he liked the language in the proposed ordinance before it was amended. He referred to Subdivision 4(C)(3) on page 5 and said the terms "construction has commenced" and "orderly way" are ambiguous and need to be better defined. Kluchka said his questions and concerns from the last meeting have been addressed so he is in favor of recommending approval of the proposed language as it has been written. MOVED by Kisch, seconded by Kluchka to recommend approval of the proposed language minus the sentence in Subdivision C(2) which reads as follows: 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 thirty (30) days after the Order or, if appealed to the City Council, the Council's service of a written report of its findings and determinations. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 5 MOVED by McCarty to amend the motion in order to strike the added language in Subdivision C(3) referring to "construction has commenced" and work is proceeding in an "orderly way", seconded by Kisch. Upon a roll call vote, the vote was as follows: Cera — No, Kisch —Yes, Kluchka — No, McCarty—Yes, Schmidgall —Yes, Segelbaum — No Waldhauser— No Waldhauser asked for a roll call vote regarding recommending approval of the original motion listed above (the motion before McCarty's amendment). Upon a roll call vote, the vote was as follows: Cera —Yes, Kisch —Yes, Kluchka —Yes, McCarty—Yes, Schmidgall —Yes, Segelbaum — No Waldhauser—Yes 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 Grimes explained that the current Zoning Code doesn't have a way to permit temporary uses so the City Council has asked the Planning Commission to consider adding language to the Zoning Code regarding temporary uses. He discussed a request the City recently received from Cavalia wanting to operate a large Cirque de Soleil-like event with horses. Waldhauser stated that smaller events might have a hard time meeting the proposed new requirements. Cera stated he liked the recycling component of the ordinance and suggested language regarding organic recovery be added as well. Kisch questioned how the City would define which types of events or uses would fall within this ordinance. He added that the language allowing a use for 120 days seems excessive or arbitrary. Grimes said the Council could address these items and evaluate them to the degree they want. Segelbaum questioned if the proposed language gives the City broad enough discretion if there is a smaller event that would not require strict adherence to the requirements listed in the proposed ordinance. He also suggested adding language regarding reimbursement of City costs and resources. Grimes noted that the City does have the right to charge applicants for any costs the City incur. Grimes said the Council could amend the ordinance language in the future if there is something that needs to be changed. Kluchka asked about the price of a Temporary Use Permit. Grimes explained that all fees are determined in the City's fee schedule which is set by Council. Minutes of the Golden Valley Planning Commission June 27, 2011 Page 6 Segelbaum asked if the Planning Commission would review future temporary use permit requests. Grimes said the Council could choose to have the Planning Commission review the requests. Kluchka suggested removing the language regarding events not exceeding 120 days so the City isn't limiting itself. Grimes agreed that the Council could decide what "temporary" means. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. McCarty suggested changing the title of the ordinance to Temporary Events instead of Temporary Uses. The Commission consensus was to leave the title Temporary Uses but to remove the words "Carnivals, Festivals, etc." McCarty also suggested adding "farmers' markets" to the list of examples in Subdivision 2(A) and using the words "but not limited to" more consistently. Kluchka suggested adding language regarding the length of time for an event as criteria number 7 in Subdivision 2(A). MOVED by Cera to recommend approval, with the above noted additions/changes, to add language to the Zoning Code allowing for temporary uses. MOVED by McCarty to amend the motion to change the language in Subdivision 2(A) to read "The City Council may permit in any nonresidential use district for a temporary use such as carnivals, circuses, festivals but not adding "as established by the City Council" if a length of time criteria is established as number 7 in the requirements. Cera accepted the amendment to the motion, Kluchka seconded the motion and the motion carried unanimously. --Short Recess-- 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings No reports were given. 6. Other Business No other business was discussed. 7. Adjournment The meeting was adjourned at 8:49 pm. ��� � David A. Cera, Secretary