01-14-19 PC Agenda AGENDA
Planning Commission
Golden Valley City Hall, 7800 Golden Valiey Road
Council Chambers
Monday, January 14, 2019
7 pm
1. Approval of Minutes
December 10, 2018, Regular Planning Commission Meeting
2. Discussion Item —Zoning Code Text Amendment— Firearm Sales —ZO00-117
Applicant: City of Golden Valley
Purpose: To amend the Zoning Code to regulate the sale of firearms
--Short Recess--
3. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
4. Other Business
• Council Liaison Report
5. Adjournment
"`' This document is available in alternate formats upon a 72-hour request.Please calt
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Regular Meeting of the
Golden Valley Planning Commission
December 10, 2018
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,
December 10, 2018. Chair Baker called the meeting to order at 7 pm.
Those present were Planning Commissioners Angell, Baker, Blum, Brookirts,_Johnson,
Pockl, and Segelbaum. Also present were Planning Manager Jason Zimmerman, and
Associate Planner/Grant Writer Emily Goellner.
1. Approval of Minutes
November 26, 2018, Regular Planning Commission Meeting '
Segelbaum stated that he would like to add that the reason he abstained from voting on
Conditional Use Permit 163 (Watermark) is because he felt he had incomplete information
about the potential increase in noise due to sirens and without that information it was
unclear to him if the impact could be mitigated.
MOVED by Johnson, seconded by Pockl and motion carried unanimously to approve the
November 26, 2018, minutes with the above noted addition.
2. Informal Public Hearing —Conditional Use Permit—840 Pennsylvania Avenue
South — CU-164
Applicant: Morries 840 Pennsylvania Ave Re, LLC
Address: 840 pennsylvania Avenue South
Purpose: To allow off-street parking for employees of the Morrie's dealership
It�ca�ed to the east at 7400 Wayzata Boulevard.
Zimmerman referred to a location map of 840 Pennsylvania Avenue South and explained
the applicant's proposal for a Conditional Use Permit to allow for off-street parking for an
adjacent comrnercial property. He noted that the vacant industrial building currently
located an the property would be demolished as a part of this proposal and that
pedestrian improvements to allow employees to safely cross the street to the Morrie's
dealership are recommended.
Zimmerman discussed the existing conditions of the property and explained that the
building currently on the property was built in 1962. In 2014, the City declared the building
"unsafe" and "uninhabitable," there are no trees, a few small shrubs, a small front lawn,
one curb cut, and the impervious surFace is currently 92.2%.
Zimmerman explained that the proposed use for the property includes a 67 stall surface
parking lot for the employees of the Morrie's dealership located at 7400 Wayzata Blvd.
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 2
The applicant is proposing 176 new shrubs and 18 new trees, the impervious surface
percentage would be reduced to 58.9%, the existing curb cut would be maintained, and
new lighting, consisting of three poles, would be installed. He added that the proposed
new lighting must comply with City Code requirements, screening of the parking area
from public streets is required, and that the parking lot is to be used for employee parking
only, not for storage of dealership inventory.
Zimmerman discussed the factors of consideration used when evaluating Conditional Use
Permits and stated that staff is recommending approval of the proposal subje�t to the
conditions included in the staff report.
Segelbaum questioned the need for additional parking and asked if this dealership''has
increased in size recently. Zimmerman stated that Morrie's did amend their PUD `
approximately four years ago which reduced the amount of park�ng by adding a second
building to their site which is part of the reason that they would now like to move their
employees off site, across the street.
Baker noted that the dealership is required to hav� a certain number of parking spaces
and asked if this proposed CUP will have any bearing on the existing parking spaces
Morrie's currently has and if their PUD will need to be revised as a result of this proposed
CUP. Zimmerman stated that the current Morrie's PUD doe�'require a certain number of
parking spaces but it doesn't differentia#e between employee spaces, customer spaces,
and inventory spaces. He added that the Gity has heard from dealerships that inventory
storage is a constant challenge and reiterated that the City Code allows for off-street
parking on adjacent properties.
Segelbaum said he would like to`know if any concessions were made with the approval of
Morrie's PUD amendment. He said if there were concessions made for example in the
amount of impervious surFace,,if`now seems as though that accommodation may have
been given away for nothing. Zimmerman explained that the Morrie's lot was all pavement
and parking lot area before �he second building was constructed so they did not take
away any pervious surface`but in fact increased it slightly with the addition of a turF area in
the front.
Phillip Branson, Direcfor of Real Estate and Facilities, Morrie's Automotive Group,
explained that much of the use of the current Morrie's parking lot is dictated by the
manufacturer's required inventory levels. As inventory levels go up the need for additional
parking goes up as well. He stated that they have approximately 75 employees currently
so the proposed CUP for parking across the street won't accommodate all of their
employees but it will help significantly. He referred to the conditions in the staff report and
said they agree with all of them and that the existing building is really unsafe and they will
be demolishing it regardless.
Baker asked if the manufacturer requires them to have a certain amount of inventory
adjacent to the building. Branson said they have to have a minimum amount of vehicles
inside the building and on the premises as a whole.
Minutes ofi the Golden Valley Pianning Commission
December 10, 2018
Page 3
Johnson asked if they have considered adding public art or if they would be open to the
idea of adding it. Branson said they would absolutely be open to having public art. He
stated that their goal is to provide moments of happiness and that they want to have a
nice parking lot for their employees.
Segelbaum asked if all of the parking spaces that would be opened up on the dealership
property as a result of granting the CUP would be used for inventory parking or if they
have any intention of using those spots for anything else. Branson,said the spaces would
be used for inventory parking. He added that they have not thought about adding
additional green space because that would somewhat defeat the purpo�e of bu�ing the
property across the street.
Baker opened the public hearing. Seeing and hearing no one wishing to cornment, Baker
closed the public hearing.
Blum stated that this property is surrounded entirely by commercial ar industrial
properties. He added that this proposal will remove a blighted„prc�perty and that there are
a lot of positives with this proposal including reducing the amount of impervious surFace
and adding landscaping.
Johnson stated that if staff is amenable to working''with the applicant regarding public art
he would like a report back to the Planning Cornmission. Zimmerman agreed.
Angell said he thinks the proposal makes sense and it will help alleviate problems for this
business and for the City.
Segelbaum said it seems �s though this is an improvement and that the landscaping
proposal is generous. He stated that it also seems like when the applicant got their PUD
they needed all of their parkin� spaces so this feels like incremental grabbing and not
giving back and he would like fihem to do something to remove the amount of impervious
surface in their main parking lot. He added that he realizes the CUP is for a different
property so the City cart't put conditions on the main dealership. Blum agreed that he
would like to seize on opportunities when they arise but they can't do anything about the
subject property in this case.
MOVED by Johnsc�n, seconded by Brookins and motion carried unanimously to
recammend ap�roval of Conditional Use Permit 164 allowing off-street parking for
employees of the Morrie's dealership Iocated to the east at 7400 Wayzata Boulevard
subject to the�indings and conditions as follows.
Findinas:
1. Demonstrated Need for Proposed Use: Standard met. In order to accommodate
the demand for space for dealership inventory at the nearby commercial Iot, the
applicant has worked to provide off-site parking for employees.
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 4
2. Consistency with the Comprehensive Plan: Standard met. The proposed use is not
inconsistent with the Mixed Use designation in the Comprehensive Plan, which allows
for accessory parking in order to support existing businesses.
3. Effect upon Property Values: Standard met. Given the presence of the neglected
existing building, surrounding properties would likely benefit from its replacement with
a landscaped surFace parking lot.
4. Effect on TrafFc Flow and Congestion: Standard conditionally met. Traffic flows are
not anticipated to be substantially different from those that currently exist for
employees arriving at and departing from the commercial property across the street to
the east. In order to facilitate safe and efficient pedestrian movements for employees
crossing Pennsylvania Avenue South, a pedestrian crossing and associated sidewalk
connection to the new parking lot would need to be constructed.
5. Effect of Increases in Population and Density: Standard met. Que to �he nature of
the proposed use (parking), there are no anticipated increases in populati�n or
density.
6. Compliance with the City's Mixed-Income Housi�g Policy: Nat applicable.
7. Increase in Noise Levels: Standard met. The praposed use is nof anticipated to
generate excessive noise.
8. Generation of Odors, Dust, Smoke, Gas, or Vibration: Standard met. The °
proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or
vibrations.
9. Any Increase in Pests or Vermin: Standard met. The proposed use is not
anticipated to attract pests.
10. Visual Appearance: Standard conditionally met. Installation of landscaping between
Pennsylvania Avenue and the surFace parking lot would help mitigate the visual
impact of the proposed use. The removal of the vacant building at this location would
improve the visual appearance of fihe property.
11. Other Effects upon the General Public Health, Safety, and Welfare: Standard met.
The proposed use is not anticipated to have any other impacts on the surrounding
area.
Conditions:
1. Off-street parking is authorized for employee vehicles only and shall not include the
storage c�f de�lership �nventory.
2. Rlo parking shall be allowed within the required yard setbacks, consistent with the
requirernents af the City Code.
3. Landscapin� that screens the parking area from the view of public streets shall be
installed, consistent with the requirements of the City Code.
4. Site ligf�ting must comply with all requirements of the City Code, including the
installation of timers, dimmers, or sensors to ensure lighting levels are reduced
during non-business hours.
5. A pedestrian crossing (including crosswalk with ADA accessible ramps, pavement
markings, and signage meeting MMUTCD standards) and an associated sidewalk
connection to the new parking lot shall be constructed adjacent to the driveway.
6. This approval is subject to all other state, federal, and local ordinances, regulations,
or laws with authority over this development.
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 5
3. Informal Public Hearing —Zoning Code Text Amendment— Business and
Professional Offices Zoning District Amendments —ZO00-118
Applicant: City of Golden Valley
Purpose: To consider ways to update and modernize the uses allowed in the
Business and Professional Office Zoning District
Goellner reminded the Commission that this item was tabled at their November 13
meeting. She explained that there is an opportunity to modernize the existing code
language for the Business and Professional Offices Zoning District. Sh�: stated that staff
is proposing to add tech uses, healthcare uses, considering removing the catch-al�.
provision for uses not listed, updating the name ofi the district, and rewriting the purpose
statement.
Goellner explained that the proposed new language keeps offic�s and class 1 essential
services as permitted uses. It would keep adult day care centers, child care centers,
daytime activity centers or facilities providing schc�ol and or training for disabled people,
limited retail services, and permitted and conditional uses in buildings exceeding three
stories in height as conditional uses. She stated that the prt�posed new language
proposes to move financial institutions from a conditional use to a permitted use when no
drive-through is present, it would keep heliports as a cc�ndifional use but the words
"accessory to a professional office building" w�uld be added. It would move recreational
facilities from a conditional use to � permitted accessory use and it would add medical,
dental, or optical clinics as a permitted use and medical, dental, or research and
development laboratories as a cor�d�#ional use. Lastly, the proposed name of the district
would be changed to Office instead of Business and Professional Offices.
Goellner stated that at the November 13 meeting there was discussion about pawnshops
and payday lending businesses She explained that pawnshops are considered to be a
retail use, not a financial institution and they are licensed by the City. Payday lending
businesses are considered'financial institutions, are licensed by the Minnesota
Department of Comrnerc�, and would be permitted under this proposal.
Baker asked if there are any properties that would lose their oifice designation as a part of
this propos�l, GaelJner stated that most of the office properties are not changing, but some
of them will become mixed use and offices would still be allowed as a permitted use.
Johnson questioned if recreational facilities should be defined. Zimmerman said there is
danger in having language that is too specific, it is better to leave the language general
and use the dictionary definition if issues come up. Johnson asked if a property could be
used just for a recreational facility. Baker said his understanding is that a recreational use
would have to be accessory to the office use. Zimmerman agreed and suggested adding
the words "accessory to the office use" in the code language.
Minutes of the Golden Vailey Planning Commission
December 10, 2018
Page 6
Blum asked what "Essential Services Class I" means. Zimmerman said it is items typically
found in the right of way or a utility easement such as electricity, water, gas, cable, power
poles, etc.
Baker opened the public hearing. Seeing and hearing no one wishing to comment, Baker
closed the public hearing.
Blum said he didn't see language included about food or restaurant types of services
which he thinks is good. Zimmerman noted that there is language included about allowing
limited retail use accessory to an office which would allow for a small ca�e or res#aurant
with a CUP. Blum asked if those types of uses would be accessible to �he public.
Zimmerman said the language would not exclude the public but that would be addressed
as part of the CUP process.
Blum referred to the setback requirements and questioned if the "wedding cake" type of
setbacks for height should be considered. Zimmerman stated fhat the R-1 and R-2 Zoning
Districts are the only ones that have the "wedding cake" setback requirements. He stated
that the language could require a larger front yard's�tba�k for taller buildings but that could
affect the walkability and having buildings that are closer fo the street versus being set
back further on the front.
Brookins stated that there are already regulations res�rict�ng the height to three stories so
he'd be in favor of leaving out detailed language about height and just dealing with it
through the CUP process. Zimmerman said he is hesitant about taking out the height
language because a CUP is granted by right sa it is helpful to have the requirements
spelled out rather than leavir�g it on a case-by-case basis. Baker suggested that staff
review the language about height to try to find some middle ground between the
walkability with buildings close tca the stre�t and buildings set tao far back from the front of
the property.
MOVED by Blum, secondec� by A�gell and motion carried unanimously to recommend
approval of the proposed changes to the Business and Professional Office Zoning District.
4. Discussion Item--Zoning Code Text Amendment— Firearm Sales —ZO00-117
Applicant: City of Golden Valley
P�.�rpose: To amend the Commercial Zoning District to regulate the sale of
firearms
Zimmerman stated that the Planning Commission has been asked by the City Council to
consider new zoning regulations regarding the sale of firearms. This item was discussed at
Council/Manager meetings on August 15 and November 13. He explained that state law
limits the ability of local municipalities to regulate firearms beyond state statute but the City
can vyithin reason legislate the location of firearms sales. Also, similar to sexually oriented
businesses, the City can buffer or specify distances from other uses. He noted that other
metro area cities have firearm sales separation requirements based on: residentially
Minutes of the Golden Valley Pianning Commission
December 10, 2018
Page 7
zoned properties, day care facilities, schools, religious institutions, libraries, parks,
governmental buildings, and community centers. They also have minimum distance
requirements between firearm sales uses and other firearm sales uses, pawn shops,
currency exchanges, payday loan agencies, liquor stores, and sexually oriented
businesses. He added that in Golden Valley, firearms sales are currently allowed in
Commercial zoning districts and are prohibited as a home occupation.
Zimmerman stated that staff mapped the impacts on potential locations based on various
buffers around residentially zoned properties, including the Mixed Use Zarring District,
parks and play areas, schools, religious facilities, and libraries. He showed the
Commissioners maps that indicated 100, 300, and 500-foot buffer areas and asked for
feedback regarding the strictness of the language and providing reasonaC�le, non- `
discriminatory regulations.
Zimmerman stated that some other restrictions to consider are security inclutling where
and how in the building firearms can be stored, storage of amrnunition, requirements
around alarm systems, and limiting sales to permanent buildin�s. He stated that some of
the considerations for site requirements include limits on window displays, exterior
loudspeakers or public address systems, building construction, and prohibition or
regulation of firing ranges.
Baker asked if it would be illegal for th� City to outlaw firearms sales. Zimmerman stated
that the City has to allow for firearms sales with reasonable restrictions on their potential
locations.
Johnson questioned what the City is trying to protect and suggested considering language
that looks at density or restrictions on places where there are a Iot of people. Zimmerman
noted that there are cities that only allow firearms sales in industrial zoning districts.
Segelbaum referred to the language regarding measuring the distance from certain other
uses and asked if the City's rneasurements included properties outside of the City's
boundaries. Zimmerman stated'fhat he believes the City can only base its requirements on
uses within Golden Valley.
Baker asked if there are any existing firearms sales locations in the City. Zimmerman said
no.
Baker said he<is curious about the intent of not locating firearms sales near other
"undesirable uses" such as liquor stores, or sexually oriented businesses. He questioned
what the City is trying to achieve. Zimmerman noted that some cities group those types of
uses together.
Segelbaum questioned if it might be a good idea to come up with a justification as to why
they are proposing a particular buffer be put in place in order to help with potential
challenges to the Code. Zimmerman said the discussions with Council have been about
limiting the opportunities for gun sales because the fewer opportunities there are the less
chance there is for crimes to occur.
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 8
Pockl asked about the Police Department feedback. Zimmerman said the Police Chief
didn't have a feel for the buffers or the land use issues, but he liked the security measures
mentioned and the idea of not allowing firearms to be displayed in windows.
Blum said he thinks the Planning Commission should formulate their own rationale of what
they think is reasonable. He said he also thinks that different setbacks or buffers from
other types of uses seems reasonable and thoughtFul. Segelbaum said it might be helpful
to hear how other cities came up with their reasons and said it is difficult to say something
without justification.
Johnson stated that their charge should be re-framed to state that they ate limiti�ng
possible locations for firearms sales. He said he takes umbrage to protecting sorr�e
residents and not others and reiterated that they should be looking at density or proximity
to commercial locations. Blum stated that generally there is enhanced protection for
people who can't protect themselves so he thinks they should t�lk about buffers from
schools first. Baker said he doesn't think there is a relationship befinreen protection and
purchase. Blum said that the first point of possession is at the point of sale. Segelbaum
said he agrees with Blum and that buffers around schools is #he highest priority on his list.
Pockl said she would include day cares as welL Brookins suggested that the largest buffer
be around properties zoned Institutional. Baker said he would like a large buffer around
parks too.
Johnson suggested allowing firearms sales in tf�e Indusfirfal zoning district with a CUP
because there probably aren't as many vulnerable people in those areas. Segelbaum said
it might be more appropriate to keep sales ou# of school areas. Baker said he would like to
see both. Zimmerman said he would create a rnap with buffers around Industrial properties
for the Commission to revieuu. Segelbaum questioned if retail sales are allowed in the
Industrial Zoning District.
Baker reiterated that he would like see an objective relationship between gun sales and
other "undesirable uses." Blum stated that the most common drug association with crime
is alcohol so that distinction coul� be made. Baker questioned what that has to do with
those two stores being ne�tt to each other. Blum added that "undesirable uses" clustered
together could hurt properky values and would make areas feel less like a neighborhood.
Angell questioned if Minnesota has a waiting period for firearms sales.
Zimmerman said it would be helpful to know if the Commissioners think that buffers should
be used or not. Baker said he thinks there is no harm in creating distance befinreen
firearms sales and other uses. Segelbaum said it is a matter of prioritizing because
Iocations for firearms sales need to be available somewhere.
Pockl said she agrees with Segelbaum and thinks the focus should be on areas they want
to keep firearms away from and not to focus on "undesirable uses."
Brookins said he would not classify everywhere that sells firearms as "undesirable." He
said he thinks the Minneapolis Code spells out their requirements nicely and that the focus
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 9
should be on both allowing sales in certain zoning districts and requiring buffers around
certain other uses.
Zimmerman said staff will create some maps showing the largest buffering around schools
and day cares and smaller buffers elsewhere and bring this topic back to a future Planning
Commission meeting.
--Short Recess--
5. Reports on Meetings of the Housing and Redevelopment Authority, Ci#y
Council, Board of Zoning Appeals and other Meetings
No reports were given.
6. Other Business
• Council Liaison Report
Council Member Schmidgall gave an update on items recently approved by the City
Council including the Conditional Use Permit for Shapco (the parking lot east of 1109
Zane Ave N), the 2040 Comprehensive Plan, and th� 2019 Budget. He stated that at the
next CounciUManager meeting they will be discussing th� Rising TIDES Task Force, 2019
legislative priorities, and the 2019 City Cauncil strate�ic planning session.
7. Adjournment
The meeting was adjourned at 9:�6 pm.
Ron Blum, Secretary Lisa Wittman, Administrative Assistant
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Physi�cal D��e1�►prnent I�epartrnen#
763-593-�0"�5!7C�t-593-87�3�{fa�c)
_ . _ _ __ __ _ _ _
Date: January 14, 2019
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Zoning Code Text Amendment—Discussion—Amending the Zoning Code to
Regulate Firearms Sales
Summary
The City Council has asked staff to bring forward new regulations that would limit the possible
locations for firearms sales within the city. Based on investigation of the zoning codes of other
metro cities and in consultation with the City Attorney and Police Chief, staff is proposing to
amend the zoning code to create restrictions for firearms sales based on distances from other
specified uses as well as develop other regulations.
Background
At a Council/Manager meeting on August 15, 2018,the City Council discussed firearm regulations
with the City Attorney and the Police Chief and asked staff to investigate potential zoning
regulations that could restrict future firearms sales in Golden Valley.
As explained by the City Attorney at that meeting,State law limits the ability of local
municipalities to regular firearms beyond what is included in State statute. One exception is the
ability to legislate the location of businesses where firearms are sold if the regulations are
reasonable, nondiscriminatory, and nonarbitrary.
On December 10,the Planning Commission discussed possible regulations and debated how best
to prioritize potential restrictions. The Commission felt that restricting firearms sales near
schools/day cares, community centers, parks, and religious facilities was the highest priority,with
restrictions around residential zoning districts being a close second.They also felt that a
minimum distance should be required between the locations of any two sales facilities. Finally,
they contemplated allowing�rearm sales in Light Industrial and Industrial zoning districts rather
than Commercial zoning districts.
1
Evaluation
Based on the conversation in December, staff has prepared two sets of maps showing buffers of
various distances.All scenarios use the Future Land Use Map as a base map in order to best
approximate future zoning designations after the adoption of the 2040 Comprehensive Plan.
SetA—uses two different bufFer sizes with the greater buffer around Institutional uses and a
lesser buffer around Residential uses
Scenario 1
• Firearms sales allowed in the Commercial zoning district
• 500 foot buffer around Institutional uses (schools, religious facilities, parks, etc.)
• 250 foot buffer around Residential uses (including Mixed Use areas that allow Residential)
Scenario 2
• Firearms sales allowed in the Light Industrial/Industrial zoning districts
• 500 foot buffer around Institutional uses (schools, religious facilities, parks, etc.)
• 250 foot buffer around Residential uses (including Mixed Use areas that allow Residential)
The buffer distances of 500 feet and 250 feet are consistent with those established in
Minneapolis. If firearms sales are allowed in Commercial zoning districts, this would result in 22
properties where a sales facility could be located and 29 properties that are partially affected and
where a sales facility might be able to be located depending on other factors. If firearms sales are
allowed in Light Industrial/Industrial zoning districts,this would result in 18 properties where a
sales facility could be located and 63 properties that are partially affected and where a sales
facility mi�ht be able to be located depending on other factors.
It should be noted that of the Industrial properties identified as potential Iocations for firearms
sales,they include large corporate campuses such as the James Ford Bell Research Center,the
Honeywell campus,the Tennant Company campus, and Room and Board—all areas where
firearms sales would be unlikely to ever be allowed.
Set 8—uses one buffer size around all Institutional and Residential uses
Scenario 3
• Firearms sales allowed in the Commercial zoning district
• 350 foot buffer around Institutional uses (schools, religious facilities, parks, etc.)
• 350 foot buffer around Residential uses (including Mixed Use areas that allow Residential)
Scenario 4
• Firearms sales aliowed in the Light Industrial/Industrial zoning districts
• 350 foot buffer around Institutionai uses (schools, religious facilities, parks, etc.)
• 350 foot buffer around Residential uses (including Mixed Use areas that ailow Residential)
2
The buffer distance of 350 feet is consistent with that used in St. Louis Park. If firearms sales are
allowed in Commercial zoning districts,this would result in 22 properties where a sales facility
could be located and 32 properties that are partially affected and where a sales facility mi�ht be
able to be located depending on other factors. If firearms sales are allowed in Light
Industrial/Industrial zoning districts,this would result in 24 properties where a sales facility couid
be located and 67 properties that are partially affected and where a sales facility mi�ht be able to �
�
be located depending on other factors.
Both Bloomington and Richfield require a minimum distance of 1,000 feet between firearms sales
facilities.
Other Requirements
During the previous discussion,the Commission generally agreed that security measures such as
regulating where ammunition is stored, requirements around security systems, and limiting sales
to permanent buildings as opposed to in-vehicle or trailer sales would be appropriate. In
addition,the Commission supported site requirements such as prohibiting the use of firearms
and ammunition in display windows.
Summary of Recommendations
In order to prepare draft code language for possible adoption, staff would like feedback from the
Commission regarding the scenario maps and the buffer distances, as well as other requirements,
so that a public hearing on the zoning code amendment can be scheduled.
Attachments
Minutes from the Planning Commission meeting of December 10, 2018 (4 pages)
Firearm SaFes Maps (4 pages)
3
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 6
lum asked what "Essential Services Cla I" means. Zimmerman said it is items typically
f d in the right of way or a utility ease nt such as electricity, water, gas, cable, power
pole tc.
Baker op d the public hearing. Seeing nd hearing no one wishing to com , Baker
closed the lic hearing.
Blum said he did� ee language include about food or restaura � pes of services
which he thinks is g . Zimmerman note that there is langu �' included about allowing
limited retail use acces ; ry to an office w h would allow f �a small �afe or re5taurant
with a CUP. Blum asked hose types of es would b, �'� cessible to the public.
Zimmerman said the langu would not clude th, ublic but that woult! be addressed
as part of the CUP process. �
Blum referred to the setback require . nt d questioned if tYte "wedding �ake" type of
setbacks for height should be consider immerman stated that the R-'1 "and R-2 Zoning
Districts are the only ones that have " ding cake"setback requirements. He stated
that the language could require a I er f nt rd setback for f2�ller,,buildings but that could
affect the walkability and havin ilding hat a ` closer to the street versus being set
back further on the front.
Brookins stated that th� are already re ulations restri' ' the height to three stories so
he'd be in favor of le g out detailed la guage abaut hei and just dealing with it
through the CUP p cess. Zimmerrr�an id he is hesitant abo . aking out the height
language beca a CUP is gran�ed by ht so it is helpful to ha e requirements
spelled out r r than leavirtt� i#or� a ca -by-case basis. Baker sug . sted that staff
review the guage about height to tty t find some middle ground be ` n the
walkabili ith buildings close to the str t and buildings set too far back the front of
the pro rty.
M ED by Blum, sectanded by Ahgell an motion carried unanimously to recomm
roval of the proposed;�hanges to the usiness and Professional Office Zoning Di ct.
4. Discussion ltem�-Zoning Code Text Amendment— Firearm Sales —ZO00-117
Applicant: City of Golden Valley
Purpose: ` To amend the Commercial Zoning District to regulate the sale of
firearms
Zimmerman stated that the Planning Commission has been asked by the City Council to
consider new zoning regulations regarding the sale of firearms. This item was discussed at
Council/Manager meetings on August 15 and November 13. He explained that state law
limits the ability of local municipalities to regulate firearms beyond state statute but the City
can within reason legislate the location of firearms sales. Also, similar to sexually oriented
businesses, the City can buffer or specify distances from other uses. He noted that other
metro area cities have firearm sales separation requirements based on: residentially
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 7
zoned properties, day care facilities, schools, religious institutions, libraries, parks,
governmental buildings, and community centers. They also have minimum distance
requirements between firearm sales uses and other firearm sales uses, pawn shops,
currency exchanges, payday loan agencies, liquor stores, and sexually oriented
businesses. He added that in Golden Valley, firearms sales are currently allowed in
Commercial zoning districts and are prohibited as a home occupation.
Zimmerman stated that staff mapped the impacts on potential locations based on various
buffers around residentially zoned properties, including the Mixed Use ZQrting District,
parks and play areas, schools, religious facilities, and libraries. He showed th�
Commissioners maps that indicated 100, 300, and 500-foot buffer areas and asked for
feedback regarding the strictness of the language and providing reasonable, non-
discriminatory regulations.
Zimmerman stated that some other restrictions to consider are security including where
and how in the building firearms can be stored, storage of amm�nition, r�equirements
around alarm systems, and limiting sales to permanent buildings. He stated that some of
the considerations for site requirements include limits on window displays, exterior
loudspeakers or public address systems, building construction, and prohibition or
regulation of firing ranges.
Baker asked if it would be illegal for the City to outlaw ftrearms sales. Zimmerman stated
that the City has to allow for firearms sales witY� re�sonable restrictions on their potential
locations.
Johnson questioned what th� City is trying to protect and suggested considering language
that looks at density or res#rictions on places where there are a lot of people. Zimmerman
noted that there are cities �hat only allow firearms sales in industrial zoning districts.
Segelbaum referred to the language regarding measuring the distance from certain other
uses and asked if the City's measurements included properties outside of the City's
boundaries. Zimrnerman stated that he believes the City can only base its requirements on
uses within �olden Valley.
Baker asked if there are any existing firearms sales locations in the City. Zimmerman said
no.
Baker said he is curious about the intent of not locating firearms sales near other
"undesirable uses" such as liquor stores, or sexually oriented businesses. He questioned
what the City is trying to achieve. Zimmerman noted that some cities group those types of
uses together.
Segelbaum questioned if it might be a good idea to come up with a justification as to why
they are proposing a particular buffer be put in place in order to help with potential
challenges to the Code. Zimmerman said the discussions with Council have been about
limiting the opportunities for gun sales because the fewer opportunities there are the less
chance there is for crimes to occur.
Minutes of the Golden Valley Planning Commission
December 10;2018
Page 8
Pockl asked about the Police Department feedback. Zimmerman said the Police Chief
didn't have a feel for the buffers or the land use issues, but he liked the security measures
mentioned and the idea of not allowing firearms to be displayed in windows.
Blum said he thinks the Planning Commission should formulate their own rationale of what
they think is reasonable. He said he also thinks that different setbacks or buffers from
other types of uses seems reasonable and thoughtFul. Segelbaum said it might be helpful
to hear how other cities came up with their reasons and said it is difficult to say something
without justification.
Johnson stated that their charge should be re-framed to state that they are limitin.g
possible locations for firearms sales. He said he takes umbrage to protecting sorrie
residents and not others and reiterated that they should be lookirtg �t densi#y or proximity
to commercial Iocations. Blum stated that generally there is enhanced protection for
people who can't protect themselves so he thinks they should t�lk about buffers'from
schools first. Baker said he doesn't think there is a relationship between protection and
purchase. Blum said that the first point of possession is at the pcaint of'sale: Segelbaum
said he agrees with Blum and that buffers around schools is the highes� priority on his list.
Pockl said she would include day cares as welL Brookirts sugges#ed that the largest buffer
be around properties zoned Institutional. Baker said he wauld like a large buffer around
parks too.
Johnson suggested allowing firearms sales in the Indusfir��l zoning district with a CUP
because there probably aren't as many vulnerable �ec�ple in those areas. Segelbaum said
it might be more appropriate to k�ep sales otat of school areas. Baker said he would like to
see both. Zimmerman said he wQuld create a map with buffers around Industrial properties
for the Commission to review. Segelbaum questioned if retail sales are allowed in the
Industrial Zoning District.
Baker reiterated that he would like see an objective relationship between gun sales and
other "undesirable uses:' Blum stated that the most common drug association with crime
is alcohol so that distinction �fluld:be made. Baker questioned what that has to do with
those two stores being next to each other. Blum added that"undesirable uses" clustered
together could hurt property values and would make areas feel less like a neighborhood.
Angell questianed if Minnesota has a waiting period for firearms sales.
Zimmerman said it would be helpful to know if the Commissioners think that buffers should
be used or not. Baker said he thinks there is no harm in creating distance between
firearms sales and other uses. Segelbaum said it is a matter of prioritizing because
locations for firearms sales need to be available somewhere.
Pockl said she agrees with Segelbaum and thinks the focus should be on areas they want
to keep firearms away from and not to focus on "undesirable uses."
Brookins said he would not classify everywhere that sells firearms as "undesirable." He
said he thinks the Minneapolis Code spells out their requirements nicely and that the focus
Minutes of the Golden Valley Planning Commission
December 10, 2018
Page 9
should be on both allowing sales in certain zoning districts and requiring buffers around
certain other uses.
<
Zimmerman said staff will create some maps showing the largest buffering around schools
and day cares and smaller buffers elsewhere and bring this topic back to a future Planning
Commission meeting.
-- hort Recess--
Reports on Meetings of the H sing and Redevelopment Auth , Cifiy
Council, Board of Zoning Ap als and other Meetings _
No repo were given.
6. Other B ' ess
,:
• Council Lia n Report �
�
Council Member Schmid` gave n up e on items recently approved by the City
Council including the Condi al �" e , ermit for Shapco (the parking Iot east of 1109
Zane Ave N), the 2040 Comp e `"e Plan, and the 2019 Budget. He stated that at the
next Council/Manager meeting t will be discussing the Rising TIDES Task Force, 2019
legislative priorities, and the 2 � 9. Council strat�gic planning session.
�"
'�
7. Adjournment
��
The meeting was adj rned at 9��'6 pma,
�
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,
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Blum, Secretary Lisa Wittman, Administrati e Assistant
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