pc-minutes-may-27-20
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16,
2020, all Planning Commission meetings held during the emergency were conducted
electronically. The City used Webex to conduct this meeting and members of the public were
able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on
CCXmedia.org, or by dialing in to the public call‐in line. The public was able to participate in this
meeting during public comment sections, by dialing the public call‐in line.
1. Call to Order
The meeting was called to order at 7:00 by Chair Blum.
Roll Call
Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Ryan
Sadeghi, Chuck Segelbaum,
Commissioners absent: None
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Gillian Rosenquist
2. Approval of Agenda
Chair Blum, asked for a motion to approve the agenda.
MOTION made by Commissioner Johnson, seconded by Commissioner Brookins to approve the
agenda of May 27, 2020, as submitted. Staff called a roll call vote and the motion carried unanimously.
3. Approval of Minutes
Chair Blum asked for a motion to approve the minutes from May 11, 2020.
MOTION made by Commissioner Baker, seconded by Commissioner Johnson to approve the May
11, 2020 meeting minutes. Staff called a roll call vote and the motion carried unanimously.
4. Informal Public Hearing – Zoning Code Text Amendment
Applicant: City of Golden Valley
Purpose: Amending zoning districts to regulate tobacco sales
Myles Campbell, Planner, started his presentation by reminding the group that the Planning
Commission was directed by the City Council to consider new zoning regulations on the sale of
tobacco products. Amendments to the handling of tobacco sales was first raised through a work item
in the City Council’s 2019 goal setting process. The conversation with Planning Commission began at
May 27, 2020 – 7 pm
City of Golden Valley Planning Commission Regular Meeting
May 27, 2020 – 7 pm
2
their January 13, 2020 meeting. A few more meetings continued this conversation and the main
points in the discussion are as follows:
Commissioners preferred to limit tobacco retailers to the City’s Commercial Zoning District.
Commissioners had a preference to handle tobacco retailers as a restricted use rather than a
conditional use, making its enforcement an administrative rather than Council action.
Commissioners agreed with proximity restrictions between tobacco retailers and uses such as
schools that had large youth populations, but did not see a need to make a similar restriction
between different tobacco retailers.
Commissioners wanted the ordinance to be cognizant of existing retailers and to limit the
economic impacts on those retailers as much as possible while still having meaningful impact
in reducing youth exposure and access to tobacco products.
The topic of proximity restrictions continued through a few meetings. This discussion covered
primarily two elements of the restriction:
o What was the correct distance to set as a buffer in between the tobacco retailer and
another use?
o How should those other uses be defined and referenced in the amended zoning
language?
Use existing zoning districts to restrict proximity
Define a new category of “Youth‐Oriented Facilities”
Based on the continued discussion, staff believes the best option for restricting the location of
tobacco retailers is to create a definition for facilities that have a large amount of youth activity.
The defined specific use has a clearer connection to the purpose of the zoning change and
the action is more clearly justified.
Impacts on commercial land are limited by excluding uses that may be zoned similarly but
have less youth activity
Selected land uses will be just as easy to track as using existing zoning designations.
At the previous Planning Commission meeting, staff proposed draft ordinance language changes
that redefined a Youth‐Oriented Facility and added language to the Commercial Zoning District.
Staff presented a map, illustrating the distance tobacco retailers will need to be from these defined
facilities. Commissioners had concerns about the lack of restrictions around Theo Wirth Park as
well as the effect on current business owners and their potential resale value.
Staff addressed these concerns and is suggesting the definition of a Youth‐Oriented Facility be
amended to read: A school, park, athletic field, or playground. The original definition included the
majority of parks within the City and this amendment adds three new parks that previously didn’t
carry this restriction – Theo Wirth, Paisley Park, and Sochacki Park. Staff responded to concerns
about mitigating the impact on businesses by analyzing the restricted distance. Their original
City of Golden Valley Planning Commission Regular Meeting
May 27, 2020 – 7 pm
3
recommendation was a 750 foot buffer but reduced that to 500 feet to leave about a city block
distance of separation between uses and thus have less of an impact on existing license holders.
A summary of actions are as follows:
Tobacco retailers become restricted use, only allowed in the City’s Commercial Zoning District.
Youth‐Oriented Facilities are added to the zoning code’s definitions and include schools, parks,
playgrounds, and athletic fields.
A 500‐foot proximity restriction between tobacco retailers and youth‐oriented facilities will be
required for new licensees.
In multi‐use properties, proximity will be measured from the portion of the property occupied
by the retailer.
Staff recommends amending Sections 113‐1 and 113‐92 of the City Code in order to restrict the
sale of tobacco in the city.
Commissioners entered into a discussion regarding this item.
Definition of “park” was discussed as was the cap on tobacco retail stores.
Chair Blum opened the Public Hearing at 7:41pm.
No public comments came in at the time of opening the hearing but the Chair suggested leaving
the line open in case a delayed call came in.
The conversation continued and supported the 500 foot buffer as many members felt the 750
buffer was too restrictive.
Commissioner Baker made a MOTION to approve the recommendations of staff, there was a
second by Commissioner Sadeghi. Staff called a roll call vote:
Ayes: Baker, Blum, Brookins, Pockl, Sadeghi, Segelbaum
Nays: Johnson
Motion carries 6:1
Chair Blum closed the Public Hearing at 7:53pm.
Televised portion of the meeting concluded at 7:55 pm
REGULARMEETINGMINUTES
ThismeetingwasheldviaWebexinaccordancewiththelocalemergencydeclarationmadeby
theCityunderMinn.Stat.§12.37.Inaccordancewiththatdeclaration,beginningonMarch16,
2020,allPlanningCommissionmeetingsheldduringtheemergencywereconducted
electronically.TheCityusedWebextoconductthismeetingandmembersofthepublicwere
abletomonitorthemeetingsbywatchingitonComcastcablechannel16,bystreamingiton
CCXmedia.org,orbydialingintothepubliccallͲinline.Thepublicwasabletoparticipateinthis
meetingduringpubliccommentsections,bydialingthepubliccallͲinline.
1. CalltoOrder
Themeetingwascalledtoorderat7:00byChairBlum.
RollCall
Commissionerspresent:RichBaker,RonBlum,AdamBrookins,AndyJohnson,LaurenPockl,Ryan
Sadeghi,ChuckSegelbaum,
Commissionersabsent:None
Staffpresent: JasonZimmerman–PlanningManager,MylesCampbell–Planner
CouncilLiaisonpresent:GillianRosenquist
2. ApprovalofAgenda
ChairBlum,askedforamotiontoapprovetheagenda.
MOTIONmadebyCommissionerJohnson,secondedbyCommissionerBrookinstoapprovethe
agendaofMay27,2020,assubmitted.Staffcalledarollcallvoteandthemotioncarriedunanimously.
3. ApprovalofMinutes
ChairBlumaskedforamotiontoapprovetheminutesfromMay11,2020.
MOTIONmadebyCommissionerBaker,secondedbyCommissionerJohnsontoapprovetheMay
11,2020meetingminutes.Staffcalledarollcallvoteandthemotioncarriedunanimously.
4. InformalPublicHearing–ZoningCodeTextAmendment
Applicant:CityofGoldenValley
Purpose:Amendingzoningdistrictstoregulatetobaccosales
MylesCampbell,Planner,startedhispresentationbyremindingthegroupthatthePlanning
CommissionwasdirectedbytheCityCounciltoconsidernewzoningregulationsonthesaleof
tobaccoproducts.Amendmentstothehandlingoftobaccosaleswasfirstraisedthroughaworkitem
intheCityCouncil’s2019goalsettingprocess.TheconversationwithPlanningCommissionbeganat
May27,2020–7pm
CityofGoldenValley PlanningCommissionRegularMeeting
May27,2020–7pm
2
theirJanuary13,2020meeting.Afewmoremeetingscontinuedthisconversationandthemain
pointsinthediscussionareasfollows:
x CommissionerspreferredtolimittobaccoretailerstotheCity’sCommercialZoningDistrict.
x Commissionershadapreferencetohandletobaccoretailersasarestricteduseratherthana
conditionaluse,makingitsenforcementanadministrativeratherthanCouncilaction.
x Commissionersagreedwithproximityrestrictionsbetweentobaccoretailersandusessuchas
schoolsthathadlargeyouthpopulations,butdidnotseeaneedtomakeasimilarrestriction
betweendifferenttobaccoretailers.
x Commissionerswantedtheordinancetobecognizantofexistingretailersandtolimitthe
economicimpactsonthoseretailersasmuchaspossiblewhilestillhavingmeaningfulimpact
inreducingyouthexposureandaccesstotobaccoproducts.
Thetopicofproximityrestrictionscontinuedthroughafewmeetings.Thisdiscussioncovered
primarilytwoelementsoftherestriction:
o Whatwasthecorrectdistancetosetasabufferinbetweenthetobaccoretailerand
anotheruse?
o Howshouldthoseotherusesbedefinedandreferencedintheamendedzoning
language?
Useexistingzoningdistrictstorestrictproximity
Defineanewcategoryof“YouthͲOrientedFacilities”
Basedonthecontinueddiscussion,staffbelievesthebestoptionforrestrictingthelocationof
tobaccoretailersistocreateadefinitionforfacilitiesthathavealargeamountofyouthactivity.
Thedefinedspecificusehasaclearerconnectiontothepurposeofthezoningchangeand
theactionismoreclearlyjustified.
Impactsoncommerciallandarelimitedbyexcludingusesthatmaybezonedsimilarlybut
havelessyouthactivity
Selectedlanduseswillbejustaseasytotrackasusingexistingzoningdesignations.
AtthepreviousPlanningCommissionmeeting,staffproposeddraftordinancelanguagechanges
thatredefinedaYouthͲOrientedFacilityandaddedlanguagetotheCommercialZoningDistrict.
Staffpresentedamap,illustratingthedistancetobaccoretailerswillneedtobefromthesedefined
facilities.CommissionershadconcernsaboutthelackofrestrictionsaroundTheoWirthParkas
wellastheeffectoncurrentbusinessownersandtheirpotentialresalevalue.
StaffaddressedtheseconcernsandissuggestingthedefinitionofaYouthͲOrientedFacilitybe
amendedtoread:Aschool,park,athleticfield,orplayground.Theoriginaldefinitionincludedthe
majorityofparkswithintheCityandthisamendmentaddsthreenewparksthatpreviouslydidn’t
carrythisrestriction–TheoWirth,PaisleyPark,andSochackiPark.Staffrespondedtoconcerns
aboutmitigatingtheimpactonbusinessesbyanalyzingtherestricteddistance.Theiroriginal
CityofGoldenValley PlanningCommissionRegularMeeting
May27,2020–7pm
3
recommendationwasa750footbufferbutreducedthatto500feettoleaveaboutacityblock
distanceofseparationbetweenusesandthushavelessofanimpactonexistinglicenseholders.
Asummaryofactionsareasfollows:
x Tobaccoretailersbecomerestricteduse,onlyallowedintheCity’sCommercialZoningDistrict.
x YouthͲOrientedFacilitiesareaddedtothezoningcode’sdefinitionsandincludeschools,parks,
playgrounds,andathleticfields.
x A500ͲfootproximityrestrictionbetweentobaccoretailersandyouthͲorientedfacilitieswillbe
requiredfornewlicensees.
x InmultiͲuseproperties,proximitywillbemeasuredfromtheportionofthepropertyoccupied
bytheretailer.
StaffrecommendsamendingSections113Ͳ1and113Ͳ92oftheCityCodeinordertorestrictthe
saleoftobaccointhecity.
Commissionersenteredintoadiscussionregardingthisitem.
Definitionof“park”wasdiscussedaswasthecapontobaccoretailstores.
ChairBlumopenedthePublicHearingat7:41pm.
NopubliccommentscameinatthetimeofopeningthehearingbuttheChairsuggestedleaving
thelineopenincaseadelayedcallcamein.
Theconversationcontinuedandsupportedthe500footbufferasmanymembersfeltthe750
bufferwastoorestrictive.
CommissionerBakermadeaMOTIONtoapprovetherecommendationsofstaff,therewasa
secondbyCommissionerSadeghi.Staffcalledarollcallvote:
Ayes:Baker,Blum,Brookins,Pockl,Sadeghi,Segelbaum
Nays:Johnson
Motioncarries6:1
ChairBlumclosedthePublicHearingat7:53pm.
Televisedportionofthemeetingconcludedat7:55pm
CityofGoldenValley PlanningCommissionRegularMeeting
May27,2020–7pm
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5. CouncilLiaisonReport
CouncilMemberRosenquistupdatedtheCommissionontheSpecialCityCouncilmeetingthatwas
beingheldtoapprovetheprocessforallowingTemporaryOutdoorServiceAreasinthecity.Shenoted
thatsomeHousingandRedevelopmentAuthorityinitiativeswereonholdduetoCOVIDͲ19.
6. ReportsonMeetingsoftheHousingandRedevelopmentAuthority,CityCouncil,BoardofZoning
Appeals,andothermeetings
PlanningManagerZimmermanupdatedtheCommissionontheresultsoftheBoardofZoningAppeals
meetingfromthepreviousevening.Hereportedthatinformationaboutproposednarrowlot
regulationswaspostedontheCity’swebsiteandthatsomepubliccommentswerebeingreceivedvia
emailinadvanceinordertohelpmanagethevirtualpublichearingonJune8.
7. OtherBusiness
PlannerCampbellreportedthataftertherecommendationsonnarrowlotweresenttotheCity
Council,thenextitemontheagendafortheCommissionwouldbereͲzoningsassociatedwiththe
ComprehensivePlanandotherzoningupdatesthatneedtobeaddressed.
8. Adjournment
MOTIONmadebyCommissionerSegelbaum,secondedbyCommissionerSadeghiandthemotion
carriedunanimouslytoadjournthemeetingat9:55PM.
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AdamBrookins,Secretary
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AmieKolesar,PlanningAssistant