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03-11-19 PC Minutes 7800 Golden Valley Road�Golden Valley,MN 55427 � `� ° ' ",1 ` "� 763-593-3992�TTY 763-593-3968�763-593-8109(fax)�www.goldenvalleymn.gov :�`�Z�en _ �.� �]� • • • Y � � � ��T Plann�ng Commission Mar 11,2019—7 pm R EG U LAR M E ETI NG M I N UTES Council Chambers Golden Valley City Hall 7800 Golden Valley Road Call to Order The meeting was called to order at 7 pm by Vice Chair Johnson. Roll Call Commissioners present: Ron Blum, Adam Brookins, Andy Johnson, Chuck Segelbaum Commissioners absent: Rich Baker, Lauren Pockl Staff present: Planning Manager Jason Zimmerman, Administrative Assistant Lisa Wittman Council Liaison present: Steve Schmidgall Approval of Agenda MOTION made by Segelbaum, seconded by Blum to approve the agenda of March 11, 2019, as submitted and the motion carried. Approval of Minutes February 25, 2019, Regular Planning Commission Meeting Johnson referred to the fourth paragraph on page seven and said he would like the words "to the I-394 redevelopment area" added to his comment regarding a north/south connection over Highway 55. MOTION made by Blum, seconded by Brookins to approve the February 25, 2019, minutes with the above noted correction and the motion carried. Agenda Item Applicant: American Rug Laundry—CU-165 Address: 8043 Lewis Road Purpose: To allow for carpet and area rug cleaning and restoration in the Light Industrial Zoning District Zimmerman referred to a location map of 8043 Lewis Road and explained the applicant's request for a Conditional Use Permit to allow for a laundry which would consist of rug and carpet cleaning and restoration in a Light Industrial Zoning District. He stated that the existing building would be maintained and that only internal modifications would be made. He stated that there will be no direct service of customers and that all rugs will be brought from off-site. The hours of operation would be 7 am to 5 pm Monday-Friday and 4 pm to 8 pm on Saturdays and Sundays and that they will have six employees and three company trucks or vans stored on-site for transporting rugs. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Pianning Commission Regular Meeting 2 Mar 11, 2019—7 pm Zimmerman stated that staff is recommending approval of the proposed Conditional Use Permit as it meets all of the factors of evaluation outlined in the City Code. Segelbaum asked for clarification on why the proposed use is Conditional. Zimmerman stated that laundries are one of the conditional uses listed in the Zoning Code for the Light Industrial Zoning District. He said he believes it was most likely put there because typical laundries have more customers and traffic. Segelbaum noted that Bassett Creek is directly behind this property and asked if there is anything the Bassett Creek Watershed Management Commission (BCWMC) requires with this proposal. Zimmerman stated that staff has talked to the applicant about their cleaning processes and they have said they don't use anything toxic. He added that the drains from this building don't flow into the creek and that over time in the future the BCWMC might want to work with this property owner to provide more access to the creek. Segelbaum asked if the Commission doesn't want the applicant to have customers if that is something they should add as a condition or if that is already integrated into the application. Zimmerman said they could have customers. He added that the Conditional Use Permit review process is to see if conditions of approval should be added because there are some impacts caused by the proposed use that aren't currently there,that would require conditions,then conditions can be placed. Zimmerman noted that if conditions change,the Conditional Use Permit could be amended in the future. Segelbaum asked if there is anywhere on the property that would be appropriate for additional landscaping. Zimmerman stated that there is existing landscaping across the front of the building and that without having any kind of impacts from their proposed use, and the fact that they are not proposing any exterior changes, the City doesn't have the authority to require additional landscaping. Johnson asked about I/I compliance. Zimmerman stated that the applicant has had an I/I inspection and has provided a deposit for work that will be done in the spring. Johnson asked if the applicant can change their hours of operation in the future. Zimmerman stated that the applicant isn't limited to the hours they listed in their application and that if their hours of operation become a problem in the future the City can address it. Sam Navab, Applicant, said he is happy to be expanding into Golden Valley. He said his business is one of the longest ongoing establishments in the state and that they are celebrating their 116th year of being in business. He said their current location in Minneapolis is small and that they have been looking for a larger space to use primarily as their cleaning facility. He referred to the question about their cleaning process and said their main cleaning detergent is Dawn dishwashing soap. He said they don't use any harsh chemicals and are very concerned about the environment. He said he also intends to install solar City of Golden Valley Planning Commission Regular Meeting 3 Mar 11, 2019—7 pm panels on the building. He added that on occasion they may be open to the public for warehouse sales but they don't anticipate a lot of traffic. Blum asked the applicant what other things they use in their cleaning process. Navab said they use a solvent called "Picrin" that they don't put into the sewer,they just sometimes spray it on a rug and wipe it off with a towel. He added that they also use vinegar as a cleaning agent. Blum asked how the cleaning supplies would be delivered to the site. Navab said they would be delivered by UPS in boxes. Segelbaum asked the applicant if they've ever had chemicals spill in their facility that leaked outside of the facility. Navab said no, not in the 20 years he's owned the company and he doesn't think there has ever been any issues or concerns. Segelbaum asked how often they anticipate having warehouse sales. Navab said he would have sales approximately four times per year. Johnson opened the public hearing. Janet Frisch, 7930 Golden Valley Road, said she is concerned about Bassett Creek and that her condo association maintains the wall along the south side of the creek. She said she had an issue where a tree fell from the north side of the creek over to their side of the creek and there were questions about who is responsible for getting rid of that tree. She said there appears to be trees along Bassett Creek behind this property and she wonders how a situation like that, or any kind of damage might be handled with these new owners of the building. Hearing and seeing no one else wishing to comment,Johnson closed the public hearing. Segelbaum asked about the requirements regarding sales in the Light Industrial Zoning District. Zimmerman said there is a temporary retail sales permit they would have to apply for and there is a limit to how many sales they can have in a year. Segelbaum asked if people dropping off rugs is considered retail. Zimmerman said no, retail would involve more customers coming and going rather than just an occasional drop off. Blum asked how this would compare to a storage facility. Zimmerman said this would be similar to a storage facility in that there is the occasional coming and going. Blum said he is concerned about the proximity of this use to the creek. He said he has to believe there are other things being used besides Dawn dish soap. He said he was unable in his quick search to find a chemical by the name "Picrin" and he would like a list of all the chemicals being used and he wants to know if any of them are exceptionally harmful to the environment. He said that if there is something City af Golden Valley Planning Cammission Regular Meeting 4 Mar11, 2019-7pm hazardous being used that would go to their elements of approval or disapproval and the factor of evaluation regarding other effects upon the general public health, safety, and welfare especially with its proximity to Bassett Creek. He said that it seems like it wouldn't be a gross imposition to ask for a berm or for some landscaping in accordance with the Code if there is a risk. He said that making this decision without knowing about the chemicals doesn't feel responsible to him. He added that he isn't saying he doesn't want this business at this location or in Golden Valley, but they should use reasonable caution and diligence in examining what the applicant is doing and what they are using before they make a final decision. Johnson questioned if there are any licensing or permitting processes that would help address what Commissioner Blum mentioned. Zimmerman said Golden Valley does not issue business licenses and that the Fire Department has reviewed the proposal and is comfortable with it. He said staff could reach out to the BCWSMC to make sure they don't have any concerns. He said the use of vinegar and Dawn dish soap don't raise concern from City staff. In terms of the other industrial uses in this area and elsewhere, there is probably not a high risk in this case, but is something they want to be thinking about. lohnson asked if there are disclosures required by the City for chemical holding, containment, or management on industrial properties. Zimmerman said there aren't any Zoning Code regulations, but there may be Fire regulations or processes. Blum reiterated that he thinks it is reasonable as part of their decision making to ask what chemicals are being used. Segelbaum said he thinks it's wonderful that this company wants to have a location in Golden Valley and he is in favor of posing this to the BCWSMC in order to have additional information available for the Council. Johnson said another option would be to have the applicant certify whether they have toxic or harmful chemicals as opposed to providing an inventory of what they are using. He questioned if it is unfair to request that from this applicant because the Planning Commission has never asked these types of questions to other applicants. Segelbaum said they have examined things in the past with more scrutiny when they are next to the creek. Blum said there are distinctions that are unique with this proposal. One is the use of chemicals other than water as a primary part of their business, and two is the proximity to the creek which makes the use of chemicals an important question to ask. He said he likes the idea of getting the opinion of the BCWMC. Brookins said he lives downstream cares about the creek as well. He said he is more concerned about the comments made in the public hearing about trees falling and encouraged the applicant to work with the City Forester in regard to creek bank restoration. He said he sees that as a greater value for the City than getting too caught up in what chemicals the applicant uses. He said he is very comfortable with the proposed use and he looks forward to them partnering with the City on the clean-up of the creek and taking some trees down and providing a buffer over time. Zimmerman added that the City has been working on creek restoration in various locations which also includes removing invasive species and stabilizing the banks so they will most likely be working on that with this property owner in the future. City of Golden Valley Planning Commission Regular Meeting 5 Mar 11, 2019—7 pm Johnson asked about the liability for any kind of damage from one part of the creek to another. Zimmerman said he is not sure if damage across the creek is different from damage across any other property line, but said he would get clarification from the City Attorney and have information available at the City Council meeting. Johnson summarized that he is hearing from the Commissioners that they would like an analysis or opinion from the BCWMC regarding the chemicals used at this facility and additional information regarding the liability that this property owner has regarding any type of damage on any neighboring properties. Brookins suggested three recommendations. One is that the applicant provide a detailed chemical list, two is obtaining comments from the BCWMC, and three is getting further information regarding potential liability of property owners for any damages. Segelbaum said he is fine with those recommendations without them being requirements or conditions of approval. Blum suggested that the submission of a detailed chemical list be required because without that the other things can't happen. Segelbaum said presumably the BCWMC will know more about the chemicals and what to look for so he would rather see that recommendation be required. Johnson said the applicant would be able to give the City an inventory list within days, whereas it may delay the applicant to have to wait for the BCWMC to provide comments. MOTION made by Segelbaum, seconded by Blum to recommend approval of Conditional Use Permit 165 allowing for carpet and area rug cleaning and restoration in the Light Industrial Zoning District at 8043 Lewis Road subject to the findings and recommendations listed below and the motion carried: Findin�s: 1. Demonstrated Need for Proposed Use: Standard met. The applicant has operated the existing business at a location in Minneapolis for decades and is in need of additional space to manage their products. 2. Consistency with the Comprehensive Plan:Standard met. The proposed use is not inconsistent with the Light Industrial designation in the Comprehensive Plan, which allows for laundries and dry cleaners. 3. Effect upon Property Values: Standard met. There are no anticipated modifications to the exterior of the building. 4. Effect on Traffic Flow and Congestion: Standard met. Traffic flows are not anticipated to be substantially different from those that currently exist. Up to six employees would arrive and depart from work and various loads of rugs and carpets would be transported to and from the Minneapolis location in the three company vehicles during regular business hours. 5. Effect of Increases in Population and Density: Standard met. Due to the nature of the proposed use,there are no anticipated increases in population or density. 6. Compliance with the City's Mixed-Income Housing Policy: Not applicable. City of Golden Valley planning Commission Regular Meeting 6 Mar 11, 2019—7 pm 7. Increase in Noise Levels: Standard met. The proposed use is not 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 met. Although additional landscaping would improve the visual appearance of the property, the absence of planned exterior modifications allows the current non- conforming situation to be legally continued. Future improvements to the parking lot will need to incorporate minimum landscaping standards. 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. The amount of water used during the cleaning process will not impact the ability of the water supply system to adequately serve surrounding properties Recommendations: 1. A list of chemicals used by the applicant in their operations shall be required and shared with the Bassett Creek Water Management Commission for their comments. 2. More information should be obtained by staff regarding the issue of liability concerning any kind of damage originating from the applicant's property. --Short Recess-- Council Liaison Report Council Member Schmidgall stated that at the last City Council meeting the Fire Chief gave a presentation about the use of City facilities in the event of an emergency. He said the Council also considered amendments to the massage therapy ordinance which was rewritten from an adult business to a health care focus. Schmidgall told the Commission that there is going to be a discussion regarding an HRA levy for developing affordable housing at the March 12 Council/Manager meeting. Zimmerman added that a levy could be used for other HRA functions as well. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings No reports were given. Other Business The Commissioners discussed the Conditional Use Permit approval process and when to require conditions or when they can identify themes the Commission should address when reviewing Conditional Use Permit requests. Zimmerman reminded the Commission that any conditions placed on a Conditional Use Permit have to be related to the impact caused by the proposed use and based on the 11 factors of consideration listed in the Zoning Code. City of Golden Valley Planning Commission Regular Meeting 7 Mar 11, 2Q19—7 pm Adjourn MOTION by Johnson, seconded by Blum and the motion carried unanimously to adjourn the meeting at 8:03 pm. ,�,--' �, �, �f, r,, j( � ,-- Ron Blum, Secret y � Lis ittman, Administrative Assistant