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05-24-82 PC Minutes �7 Minutes of the Golden Valley P i anni ng Comm�ss i on May 24, 1982 A regular meeting of the Planning Cort�nission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, M N. Chairman Thompson called the meeting to order at 7:00 p.m. Those present were Comni ssioners Forster, Leppik, Polachek, Si nger, Thompson and Tubman. Comnissioner Prazak was not present. Also present were Mike Miller, Planning and Re development Coordinator, and Alda Peikert, Assistant Planner. I . Approval of Mi nutes - May 10, 1982: It was moved by Commi ssioner Leppik, seconded by Comni ssioner Tubman a nd carried unanimously to approve the minu tes of the May 10, 1982 Planning Co►►r�nnission meeting as recorded. II. Informal Public Hearing - Conditional Use Permit: APPLICANT: Green _Stuff, Inc. LOCATION: 735 Colorado Ave. S. REQUEST: Approval to operate a Lawn Treatment Corrp any including storage and handling of liquid and s olid materials that could be considered h azardous and/or toxic. C hairman Thompson introduced this agenda item and invited Co mnissioner questions of staff. Comnissioner Leppik asked whether staff was familiar with the explo- sion and fire at a fertilizer plant in Brooklyn Center or Brookly n P ark some time back and asked whether the safeguards stipulated for the proposed operation would be adequate considering the proximity to residential development. Planning and Redevelopment Coordinator Mike Miller answered that he remembered the fire in Brooklyn Center or Brooklyn Park as having taken place at a fertilizer manufacturing and storage facility. Mr. Miller pointed out that the proposed operation would be some distance f rom residential development and stated that safeguards would be the same as for other lawn treatment businesses presently operating in Golden Valley and the same as required for the subject operation at its current location in Golden Valley. Mr. Miller reported that he h ad consul ted wi th the Mi nnesota Pol l u ti on Control Agency (PCA) and that the PCA could offer no further suggestions for safeguarding the o peration. Mr. Miller reviewed the safeguards incorporated into the plan for the proposed operation, including a trap to protect the sani- tary sewer system and a diked area for chemical storage. Mr. Miller �� Planning Comnission Minutes - May 24, 1982 Page 2 explained that no chemicals could enter the storm sewer system unless somehow released outside into surface water runoff and that all opera- tions would be contained inside the building. M r. Miller reviewed the staff recommendation and recommended a fourth c ondition of approval in addition to the three in the staff report, with the fourth condition stipulating that fencing for screening pur- p oses be installed around the parking lot in the northwest area only rather than around the entire western half of the property, due to need f or vehicular sight lines at the corner of Colorado Avenue and Colorado Circle, and that the area outside the fenced parking lot be landscaped. Corroni ssioner Forster asked the current use of the buil di ng at the pro- posed location and asked the locations of other existing lawn service o perati ons i n Gol den Val l ey. Mr. Mi 11 er answered that the bu il di ng u nder consideration is currently occupied by American Olean Tile Company which he presumes to be an office warehouse type distribu tion operation. Mr. Miller said the other lawn service operations are located in the office warehouses within the Westview Business Center. Comnissioner Tubman asked who specified the required safeguards, w hether staff had consulted the Environmental Protection Agency (EPA) and whether an Environmental Impact Statement (EIS) would be appropriate. Mr. Miller reported that the City Engineer and City Supervisor of Inspections specified the required safegu ards drawing on the State Building Code and on information available through the State B uilding Codes Administration Department. Mr. Miller explained that the City Engineer was responsible for the design of a water system back flow preventer installed at the current Green Stuff location and also required at the proposed location. Mr. Miller said he did not believe that the EPA had been consulted in this particular case, bu t that City s taff had drawn on past experience and may have received guidance f rom the EPA in the past. Mr. Miller stated that in his own experience the P CA had been more helpful than the EPA in advising on prior safegu ards in this type of case. Mr. Miller pointed out that the proposed loca- tion is appropriately zoned Industrial and that to the best of his k nowledge neither the subject operation nor any of the other lawn ser- vice operations in Golden Valley has ever experienced spillage p roblems. Commissioner Tubman asked the current location of Green Stuff, Inc. in Golden Valley. Mr. Miller replied that the business is currently located in the International Square Industrial Park off of Douglas D rive and that it was previously located in Maple Grove. Mr. Miller a dded the information that Green Stuff, Inc. arranges removal of empty chemical containers by a service specializing in removal of hazardous w aste. Comnissioner Tubman questioned whether an approval recommen- g9 N �anning Comnission Minutes - May 24, 1982 Page 3 d ation should include as conditions such items as the removal of emp ty containers by a specialized service and the storage of all chemcials within the diked area. Mr. Miller agreed that these items could b� m ade conditions of approval. Commissioner Leppik asked the problem with the current Green Stuff location and the reason for the move. Mr. Miller said his imp ress�on w as that current space is far too small for the operation. C hairman Thompson recognized the proponents, Mr. Stephen Klocksien and M r. Scott Severson and afforded them the opportunity to present their request. M r. Klocksien offered an explanation of the Green Stuff, Inc. opera- tion, including the following information: Green Stuff, Inc. is in its fourth season as a lawn service operation and services 4000 c ustomers, treating each lawn approximately three times a year for a total of 12,000 lawn treatments. Green Stuff, Inc. has 20 employ ees. All applicators are over age 21 and licensed by the Department of Agriculture. The operation has eight lawn treatment trucks and three a dditional vehicles. Mr. Severson offered a description of how Green Stuff, Inc. intends to operate out of the proposed site. Mr. Severson explained that the business is seasonal with the season running from April through September. There are two truck shif ts per day beginning in the early m orning and running into the evening so that truck traffic will be e arlier and later than peak traffic hours. During winter months there will be no truck traffic. Mr. Severson noted planned improvements to the current building and site and explained a diagram of the fill " o perati on for mi xi ng of chemi cal s i n the truck s. Al l emp ty chemi ca1 drums are triple rinsed and punctured to preclude reuse as recommended by the EPA. Rinse water is recycled and used for mixing of chemicals in the trucks. Mr. Severson stated belief that Green Stuff, Inc. will be able to operate more safely and efficiently at the proposed site than at the current location and stated willingness to install all recommended safeguards. Commissioner Forster asked whether the proponents were aware of the c hemical spill or dumping which occurred in South Minneapolis. Mr. Severson replied that he was unfamiliar with the case but that in the view of the proponents chemical dumping does not make sense in two respects: 1) It endangers the environment, and 2) it is a waste of e xpensive chemicals and therfore uneconomical. In response to further questions from Commissioners, the proponents stated that the chemicals used in the subject operation are not flam- mable and that there are no chemical reactions which might cause drums 90 Planning Comnission Minutes - May 24, 1982 Page 4 to expand or rupture. Freezing of liquid chemicals could cause e xpansion, but the building will be heated at all times and there will be no possibility of freezing. Approximately 30 barrels of chemicals a re used duri ng a season, and one or two empty barrel s are di scarded e ach week. The proponents estimate that there may be seven barrels of chemicals remaining at the end of this season for storage over the winter. However, they prefer to have as little inventory as possible a t the end of the season due to the cost of the chemicals and would e xpect the number to be fewer in subsequent years. The proponents began operation as a tree service seven years ago. All employ ees recei ve 40 hours of i ni ti al trai ni ng provi ded by Mr. Kl ock si en, who h olds a Forestry degree. Applicators are supervised by lawn spe- cialists who have additional training. C hai rman Thomp son opened the i nformal publi c heari ng for publi c i nput. M rs. Delores Rozman, 400 Dakota Avenue South, stated the position that o ther operations of this type in Golden Valley are not as close to re- sidential development. Mrs. Rozman pointed out that residential deve- lopment to the north is higher than the subject In�strial location and that it is not possible to provide a visual barrier with an eight f oot fence. Mrs. Rozman expressed concern over danger of toxic chemi- c als to the wildlife in the green area to the north of Laurel Avenue and asked whether residents could request an EIS on the proposed o peration. M r. Glen Eiden, 345 Brunswick Avenue South, stated that he figu res the distance from the subject location to the nearest residential develop- m ent to be 500 feet. Mr. Eiden recognized that the proposed site is in an Industrial area but expressed desire that the area be upgraded i f anything rather than downgraded. Mr. Ei den sai d that safeguards within the building appear adequate, but expressed concern over possible spillage of chemicals in transport to the building and noted that any spillage on Colorado Avenue would drain into a duck pond and e ventually into Bassett Creek. M r. Bob Asproth, 340 Dakota Avenue South, stated that he believes in the good intentions of Green Stuff, Inc. and the consideration given to the proposal by the Planning Commissioners. Mr. Asproth stated his concern is the question of regular inspection and future maintenance. Planning and Redevelopment Coordinator Mike Miller told Mr. Asproth that he feels comfortable with the safeguards provided but that he c annot gu arantee regu 1 ar i nspecti ons of the operati on du e to Ci ty ma n- pawer and budget limitations. M r. Klocksien offered the information that the Department of Agriculture makes periodic inspections of the office/warehouse loca- 9l r �am m�g Comnission Minutes - May 24, 1982 Page 5 tion and periodic field checks of the lawn treatment operations. In a ddition, he reported that the Golden Valley Health Department had visited the present Green Stuff location. M r. Bennie Rozman, 400 Dakota Avenue South, stated that his concern is p ossible underground breaks of pipes allowing leakage of toxic m aterials. Mr. Rozman speculated that the site may not be manned during the winter and that any breakage or spillage might remain unde- tected and unreported for several days. In response to a question f rom Mr. Rozman, Mr. Klocksien stated that the proponents will purchase the building at the proposed new location and that they lease space at their current location. M r. Rodger Bartlett, 360 Brunswick Avenue South, asked where Mr. Klocksien received his Forestry degree and what is involved in licensing for this type of operation. Mr. Klocksien replied that he received his Forestry degree from the University of Minnesota and that he attends a one or two day course at the University each year in o rder to receive recertification for the operation. In response to f urther questions from Mr. Bartlett, Mr. Klocksien replied that the chemicals used in the subject operation present no danger to applica- tors and that there is no odor. M r. Bartlett asked why staff would recommend location of a potentially h azardous operation in proximity to residential development when there a re other suitably zoned Industrial sites available either in Golden V alley or in other cities. Ch airman Thomp son pointed out that the staff and Corrrnissioners do not choose the locations under con- sideration, but that proponents locate the buildings desired and pre- sent their proposals to the City. Mr. Miller stated that the distance f rom the proposed operation to the residential development is suf- ficient and pointed out that the sanitary and storm sewer lines serving the Industrial area and the residential development are not interconnecting. Mr. Miller further noted that the existing Industrial area was zoned Industrial, although not necessarily all developed, prior to residential development to the north. M r. Leo Brietman, 205 Dakota Avenue South, stated that the Indu strial . a rea was not developed prior to 1958 when he moved into his home and that screening with trees expected by residents in conjunction with industrial development was never installed. Mr. Breitman repeated the q uestion of why permission should be given for the location of toxic materials near residential development when there are other Industrial . lands not as close to residential development. C hairman Thompson closed the informal public hearing. In response to resident concerns, Mr. Severson passed around pho- tographs to demonstrate that the building to the north of the subject �� Planning Commission Minutes - May 24, 1982 Page 6 site will provide substantial screening from the residential develop- ment. Mr. Severson stated that staff will be present at the business location daily during the winter season. In conclu sion, Mr. Severson invited inspection by residents. In response to questions from Comnissioners, Mr. Severson explained a diagram of the trap used for protection of the sanitary sewer system and discussed the larger chemical containment area provided by the diked storage area. C hairman Thompson reviewed the ten points stipulated by City Ordinance as the basis for findings and recommendations on Conditional Use Permits and noted the consideration of each point offered in the staff report. Comnissioner Lepik expressed support for the proposal, stating that the proponents have taken precautions to make the proposed operation a safe one. Commissioner Singer suggested that the potential of a spill or acci'- dent could be expressed in terms analogous to flood potential and that h e would speculate the frequency for such an accident to be once in 50 y ears similar to the 50 year floodplain concept. Commisioner Forster noted that the proposed operation conforms to Code, but said that he felt the Planning Comnission should express c oncern to the City Council over the shortage of staff required to make regular inspections. M r. Klocksien stated that Green Stuff, Inc. would be willing to pay f or inspections either by an independent inspector or by City inspectors. I t was moved by Commi ss i oner Leppi k and seconded by Comni ss i oner P olachek to recommend City Council approval of the Conditional Us e Permit requested by Green Stuff, Inc. for operation of a Lawn T reatment Company including storage and hand1ing of liquid and solid materials that could be considered hazardous and/or toxic at 735 Colorado Avenue South, subject to the following conditions: 1 . Approval of all necessary variances by the BZA. 2 . That the proponent provide all safegu ards shown on the site plan including diking, flammable combustion waste trap (35 gallon minimum) and a proper back flow preventer. 3. That only the proposed parking lot in the northwest area of the site be fenced and that the remaining area be landscaped. �� Nianning Corrmission Minutes - May 24, 1982 Page 7 4. Fa i 1 u re to comp ly wi th the above condi ti ons coul d resul t i n revo- c ati on of the Condi ti onal Use Permi t. The motion included the further recommendation that the City Council require inspection of this facility not less than once during each A pril through September period. A vote was taken, and the motion was passed by a vote of five to one. Comnissioner Forster opposed the motion based on effect upon the general public health, safety, and welfare of the City and its residents. Chairman Thompson reviewed for the proponets and residents subsequent p rocedure including appearances before the Board of Zoning Appeals (BZA) and City Council. A tentative schedule was offered for the BZA appearance on June 8, 1982 and City Council consideration in July 1982. Residents were informed that Ordinance provides for notifica- tion of adjacent property owners only in the case of the BZA appearance and for notice of property owners within 500 feet in the c ase of the Ci ty Counci 1 heari ng. III. Presentation of the Preliminary Valley Square Report: C hairman Thompson deferred this item until after the next three items on the agenda. IV. Report on BZA Meeting - May 11, 1982: Corrrni ssioner Polachek provi ded the Comni ssion with a report on the May 11, 1982 meeting of the Board of Zoning Appeals (BZA). V . Report on city Council Meeting - May 18, 1982: Commissioner Tubman provided the Commission with a report on the City Council meeting of May 18, 1982. VI. Report on HRA Meeting - May 11, 1982: C hairman Thompson provided the Corrmission with a report on the May 11, 1982 HRA meeting continued to May 19, 1982. VII. Presentation of the Preliminary Valley Square Report: Chairman Thompson, as Chairman also of the Valley Square Comnission, presented to the Corrrnnni ssion the prel imi nary Vall ey Square Comni ssion Report: The meeting was ad,journed at 9:35 p.m. Respectfully submitted, � .' . �.... , ���� v.� , . ,� , Dav i d Thompson, Cha i rman Ma rga r,�' Lepp i k, Se�r a ry . ,