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09-26-83 PC Minutes 251 MINUTES OF THE GOLDEN VALLEY PLANNING COMMISSION September 26, 1983 A regular meeting of the Planning Commission was held in the Council Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley, Minnesota. Chairman Thompson called the meeting to order at 7:00 P.M. Those present were Commissioners Prazak, Singer, Thompson and Tubman. Commissioners Forster, Leppik and Polachek were absent. Also present were Mike Miller, Planning and Redevelopment Coordinator, and Alda Peikert, Assistant Planner. I . �proval of Minutes - September 12, 1983 It was moved by Commissioner Prazak, seconded by Commissioner Tubman and ca�ried unanimously to approve the minutes of the September 12, 1983 Planning Commission meeting as recorded. II. Informal Public Hearing - Conditional Use Permit APPLICANT: Gopher Oil Company LOCATION: 900 Mendelssohn Avenue North REQUEST: Bulk storage and packaging of motor and , lubricating oils in Industrial Zoning District Chairman Thompson introduced this agenda item and recognized Mr. Francis Schuck, Constructive Design, Architect for the proponent, and Mr. Fred Bame, Gopher Oil Company. Chairman Thompson reviewed the staff recommendation for approval subject to two conditions and asked whether the two conditions are understood by the pro- ponent. Mr. Fred Bame confirmed that the two conditions are acceptable to Gopher Oil Company. Mr. Bame stated that the proponent had been working with the City Building Inspector and Fire Marshal and agreed to all required building impro- vements. Mr. Bame said that basically Gopher Oil is in the lubricating oil business and does not plan to do anything different from what Standard Oil did in the building. Mr. Bame added that Gopher Oil sells some antifreeze and related items but is not into chemicals and that all products were reviewed with the Fire Marshal . Chairman Thompson instructed the proponents that if they plan to store and package a material other than oil such as antifreeze, this should have been addressed in their application. ?�� Planning Commission Meeting - September, 26, 1983 -2- Commissioner Prazak asked what exactly was said in the application. Planning and Redevelopment Coordinator Mike Miller replied that the application and all other letters from the proponent state that the proponent wishes to store bulk motor and lubricating oils. No other substance is mentioned in the applica- tion and letters from the proponent. Mr. Miller pointed out that the whole purpose of the Conditional Use Permit is to control these substances and that need for control was the reason such operations became a Conditional Use when the Zoning Ordinance was revised. There may be a need for other safeguards if other chemicals such as antifreeze are introduced into the building. Staff did not investigate antifreeze because it was not on the application. Mr. Miller concluded that if the proposed operation includes other than motor and lubricating oils, then the application is erroneous and should be withdrawn, corrected and resubmitted for proper hearing. Mr. Miller further pointed out that the Planning Commission also should review the two site plans submitted by the proponent, one indicating space on site for all required parking and the other showing parking space for initial use with additional parking to be constructed as needed in the future. Mr. Miller explained that this is a matter for the Board of Zoning Appeals (BZA) but should be noted by the Planning Commission. Mr. Fred Bame stated that antifreeze is a part of any business such as that conducted by Gopher Oil . Mr. Bame explained that the antifreeze comes already blended in tank cars and is transferred to 55 gallon drums. Mr. Bame added that the antifreeze is not flammable or explosive. Mr. Bame then introduced his brother, Mr. Bill Bame, Gopher Oil Company. � Mr. Bill Bame asked whether the Planning Commission could recor�nend approval of a Conditional Use Permit for the oil storage and Gopher Oil could make sub- sequent application for handling of antifreeze provided no antifreeze is included in the operation until the time of approval of the subsequent Conditional Use Permit. Mr. Miller replied that the storage of antifreeze could be handled either as a part of a corrected Conditional Use Permit application or as a subsequent application and that there are arguments for either procedure. It would be preferable from the City standpoint to consider the matter all at the same time rather than reviewing the same site twice, but it is a matter for deci- sion by the Planning Commission. Commissioner Tubman suggested recommending approval of a Conditional Use Permit for storage and handling of oil only with the clear understanding that storage of antifreeze could be a problem or could require additional safe- guards. Commissioner Prazak asked whether the previous user of the building packaged antifreeze. Mr. Miller replied that staff does not know whether or not Standard Oil handled antifreeze but that the Standard Oil operation was grand- fathered in as an existing use at the time of revision of the Zoning Ordinance to require a Conditional Use Permit. Mr. Miller stated that he doubted whether Standard Oil was even aware that the Ordinance had been changed. Now � � � 253 Planning Commission Meeting - September, 26, 1983 -3- that the operation has been shut down for at least six months, if Amoco were to start up again, they also would be required to obtain a Conditional Use Permi t. Commissioner Singer asked whether the poponents are short of time. Mr. Bill Bame answered in the affirmative, and Mr. Fred Bame explained that they have already received an extension of their loan commitment from IDS and that if the Conditional Use Permit is not approved on the current time schedule, there will be no further extension. Mr. Bill Bame stated that there is protection built into the plant designed to handle spillage of a substance such as antifreeze and that listing of antifreeze on the Conditional Use Permit application was simply overlooked. Commissioner Prazak asked whether the first recommended condition of approval requiring compliance with Building Inspector and Fire Marshal requirements would cover the handling of antifreeze. Mr. Miller answered that he cannot say whether it would cover antifreeze because the Building Inspector and Fire Marshal were not asked to inspect for use of antifreeze in making their reports on this application. Mr. Miller reported that he mentioned to Mr. Bill Bame at the time of a discussion in the City offices that handling of antifreeze would come under the same Zoning regulations as oil in requiring a Conditional Use Permit. Chairman Thompson opened the informal public hearing for public input. There was no one present who wished to speak on this agenda item, and Chairman Thompson closed the informal public hearing. Commissioner Prazak suggested that the Planning Commission recom►nend approval of the requested Conditional Use Permit with the stipulation that the matter be referred back to the Planning Commission if staff determines that use of antifreeze involves additional safeguards and requirements. Mr. Miller informed the Planning Commission that he was instructed by the City Manager to notify the City Council at the October 4, 1983 City Council meeting if there are any problems with holding the October 18, 1983 hearing already set by the City Council . The agenda for the October 4, 1983 meeting is fina- lized on Thursday, September 29, 1983, and the matter would have to be resolved by that time. Mr. Miller suggested that if a delay would hold up closing on the sale of the building, the proponents should explain their con- cerns at this time. Mr. Fred Bame stated that the proponents cannot afford any more time delays and would have to remain in their current location if the Conditional Use Permit is not approved by the City Council at the time of the hearing scheduled for October 18, 1983. Mr. Bame explained that oil cannot be moved in the winter without heating which is prohibitively costly. Mr. Bame stated willingness to make any modifications required in order to comply with requirements for handling of antifreeze. Mr. Bame added that although the proponents had been working with the City Building Inspector and City Fire Marshal on their propo- sal for a matter of months, they had only four weeks previously become aware of the need for a Conditional Use Permit. �5� Planning Commission Meeting - September, 26, 1983 -4- Commissioner Singer expressed willingness to move a recor�nendation for appro- val with the conditions limiting the operation to storage and handling of oil and to leave the matter of antifreeze for future action. Chairman Thompson and Commissioner Tubman expressed concern that the City Council should be made aware of the antifreeze situation at the same time that approval of the Conditional Use Permit for oil is recommended. Mr. Miller confirmed that the approval recommendation could stand as written with the proponent coming in later for approval on the antifreeze. Mr. Mi11er added that a file notation made by the City Building Inspector documents that an agent for Gopher Oil was informed by the Building Inspector and by Mr. Miller in December 1982 of the need for a Conditional Use Permit for the proposed Gopher Oil operation. It was moved by Commissioner Singer, seconded by Commissioner Tubman and carried unanimously to recommend City Council approval of the Conditional Use Permit requested by Gopher Oil Company for bulk storage and packaging of motor and lubricating oils at 900 Mendelssohn Avenue North within an Industrial Zoning District subject to the following conditions: 1. That the applicant accept and implement all requirements and recommendations of the City Fire Marshal , and the City Building Inspector. 2. That the Conditional Use Permit shall allow only the bulk storage and packaging of motor and lubricating oils as stated in the applieation, and shall not include the bulk storage, packaging and/or blending of any other chemical substances than those included on the Conditional Use Permit application. 3. That any variance from initial construction of all parking space required by Ordinance shall require Board of Zoning Appeals (BZA) action. Chairman Thompson suggested to the proponents that they begin immediately on their application for a Conditional Use Permit to cover storage and handling of antifreeze. VI. Report on HRA Meeting - September 27, 1983 Chairman Thompson provided the Planning Commission with a report on the September 27, 1983 meeting of the Housing and Redevelopment Authority (HRA). VII. Report on City Council Meeting - October 4, 1983 Commissioner Tubman provided the Planning Commission with a report on the September 27, 1983 City Council meeting. VIII. Memorandum from the City Manager on Scheduling of City Council Hearings Chairman Thompson distributed to Planning Commissioners a memorandum from the City Manager concerning scheduling of City Council hearing dates prior to Planning Commission Meeting - September, 26, 1983 _5_ �5 5 Planning Commission consideration of an agenda item. Chairman Thompson offered his interpretation of the memorandum that if the Planning Commission feels the need for additional time for review of an agenda item, the fact that a hearing is already scheduled on the City Council agenda should not force the Planning Commission to curtail its proper review. IX. Report on Tax Exempt Review Committee Meeting - October 3, 1983 Chairman Thompson provided the Planning Commission with a report on the October 3, 1983 meeting of the Tax Exempt Review Committee. X. Discussion of Accessory Housing Survey Commissioner Leppik introduced and distributed to Planning Commissioners a revised version of the Accessory Housing Survey prepared by the League of Women Voters. The Planning Commission reviewed and discussed the Survey revi- sions. The meeting was adjourned at 8:15 P.M. Respectfully submitted, David Thompson, Chairman Margaret Leppik, Secretary