pc-minutes-feb-28-22
REGULAR MEETING MINUTES
This meeting was conducted in a hybrid format with in‐person and remote options for attending,
participating, and commenting. 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.
1. Call to Order
The meeting was called to order at 7:02 pm by Chair Pockl.
Roll Call
Commissioners in person: Sophia Ginis, Lauren Pockl
Commissioner remote: Andy Johnson, Mike Ruby, Chuck Segelbaum
Commissioners absent: Adam Brookins
Staff present: Jason Zimmerman – Planning Manager
Council Liaison present: Denise La Mere‐Anderson
2. Approval of Agenda
Chair Pockl asked for a motion to approve the agenda.
MOTION made by Commissioner Johnson, seconded by Commissioner Pockl, to approve the agenda
of February 28, 2022.
Staff took a roll call vote. Motion carried.
3. Approval of Minutes
Chair Pockl asked for a motion to approve the minutes from February 14, 2022.
Commissioner Johnson noted an edit on page two. Johnson had commented that the requirement
is for fencing to be one foot higher than the roof‐top equipment. He would like the opportunity to
reduce that height burden as the perspective from the ground blocks the equipment. Staff noted
the edit and made changes accordingly.
MOTION made by Commissioner Ginis, seconded by Commissioner Segelbaum to approve.
Staff took a roll call vote. Motion carried.
4. Informal Public Hearing – Screening and Outdoor Storage
Applicant: The City of Golden Valley
Jason Zimmerman, Planning Manager, reminded the group that this item was discussed numerous
times and most recently at the previous Planning Commission meeting. Staff reviewed current rooftop
mechanical screening, current regulations, existing units, and new mechanicals must follow code. Staff
February 28, 2022 – 7 pm
Hybrid
Council Chambers, City Hall
City of Golden Valley Planning Commission Regular Meeting
February 28, 2022 – 7 pm
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reviewed the previous meeting where Commissioners were not interested in creating exemptions
beyond those necessary to protect the operations of solar and wind energy systems.
Staff reviewed the areas addressed:
Storage of Personal Vehicles
To respond to complaints regarding personal vehicles/equipment being stored on commercial
lots, staff suggests creating definitions for “storage” and “parking” to help clarify when each
can take place
On commercial lots, vehicles must either meet the definition of “parking” or else be screened
(or removed) as required by regulations related to “storage”
Idling Vehicles
Current City standards do a poor job of regulating idling vehicles, such as semis, on private
property
Zoning regulations can help by clearly defining Outdoor Storage as a restricted use in Industrial
districts, and then prohibiting the overnight parking of semitrailers
Staff Recommendation
Staff recommends amending the text of Section 113‐87: Summary Use Tables, Section 113‐152:
Screening and Outdoor Storage, and Section 113‐157: Architectural and Material Standards to
update regulations around the screening of mechanicals and outdoor storage.
Commissioners and staff discussed code language, formatting. Commissioner Johnson asked how
staff defines the passing of time between “temporary” and “period of time”. Staff reviewed parking
as a vehicle that is parked and used regularly while storage of an item is not moved for a longer
timeframe. This language does not open the code to allow for more storage and if Commissioners
would like to restrict storage, that would be another meeting and discussion. Staff and
Commissioners discussed wind and solar systems while reviewing details of separating operational
pieces from mechanical pieces for screening.
The conversation continued on to discuss idling vehicles and parking, storage of vehicles and idling,
as well as different zoning districts. Commissioner Ginis mentioned the possibility of this regulation
hurting a business that may need to leave an idling vehicle while doing business, such as for a
delivery. Staff confirmed this regulation isn’t to restrict business but rather maintain conformance in
an area zoned only for storage.
Commissioners and staff reviewed potential edge scenarios as well as discussed current language in
Minneapolis.
Chair Pockl opened the public hearing at 7:42 pm.
There were no in person commenters.
There were no callers.
Chair Pockl closed the public hearing at 7:44 pm
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Jason Zimmerman, Planning Manager, reminded the group to address Commissioner Johnson’s
question about the height of screening for rooftop mechanicals. Johnson asked for clarification on
the height of the screening and its opacity. Staff said the original language was adopted from another
city and also the height is consistent with other areas in the zoning code. Staff is amenable to a
change if commissioners decide on one. Staff reviewed the definition of screening and
commissioners mentioned adjusting the language to say the screening is at least the height of the
mechanicals. This includes adjusting screening as rooftop units are updated. The conversation moved
on to other aspects of rooftop mechanicals and screening.
The group moved on to storage of personal vehicles and staff summarized the desire to clearly apply
definitions of parking and storage to non‐residential uses. Commissioners and staff discussed zoning
districts and unintended consequences, tightening up code language, and clarifying parking and
storage definitions.
The group continued on to idling vehicles and staff summarized that they discussed defining outdoor
storage as a restricted use in an Industrial zoning district. This is intended to address surface lots and
not incidental storage associated with industrial or another use.
MOTION made by Commissioner Ginis and seconded by Commissioner Johnson to follow staff
recommendation for the three items, with the language suggested by Commissioner discussion.
Staff took a roll call vote and the motion passed unanimously.
5. Informal Public Hearing – Zoning Text Amendment – Adding Outdoor Service Areas as a Temporary
Use
Applicant: The City of Golden Valley
Jason Zimmerman, Planning Manager, started by reviewing that an interim use was discussed in
2021 to address issues facing Schuller’s regarding an outdoor patio. This expanded to include other
types of temporary outdoor sales. A coning text amendment is needed to create a temporary
Outdoor Service Area use that could be applied throughout the City in specific circumstances. City
Council confirmed a desire to do this at a work session in late 2021.
Golden Valley current has three types of Temporary Uses allowed in the zoning chapter:
Mobile food vending
Season farm produce sales
Temporary retail sales (warehouse sales at industrial properties)
Each targets a specific activity or event that is temporary in nature and each requires a permit from
the City to operate. Introducing a fourth category would require a definition of an Outdoor Service
Area, add as a permitted use in each district, and add new text to the temporary use section of code.
Staff proposes the following definition:
City of Golden Valley Planning Commission Regular Meeting
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Outdoor Service Area: A defined space intended to provide outdoor seating/dining at a bar or
restaurant or to allow for retail sales or services to be performed outside of a principal structure on a
temporary basis. Outdoor service areas are not allowed in association with home occupations.
Targeted Zoning Districts
Both Commercial and Mixed‐Use zoning districts seem appropriate for an outdoor retail/service
use
R‐3 and R‐4 zoning districts allow retail and restaurant uses on the first floor so should also be
included
Schuller’s Tavern is zoned R‐1 so including this zoning district makes sense
R‐2 is the only remaining residential district; including it for consistency would help address any
issues of selective targeting that might be raised
Application of any other Outdoor Service Area use in R‐1 or
R‐2 would be extremely unlikely
The review and approval process would require hearings at Planning Commission and City Council,
physical improvements would remain “temporary”.
Conditions of Use
All Temporary Uses currently involve numerous conditions of approval that must be followed to
mitigate potential impacts
Similar steps are proposed for Outdoor Service Areas – especially those located in or adjacent
to a residential area:
o Parking
o Hours of operation
o Lighting
o Noise
o Visual screening
Outdoor service areas may vary in the duration of their permits, anywhere from as little as 3 days for
a food truck and up to annually for an outdoor patio.
Recommendation
Staff recommends amending the text of Section 113‐1: Definitions, Section 113‐31: Temporary Uses,
and Section 113‐87: Summary Use Tables to allow for Outdoor Service Areas in targeted zoning
districts.
Staff and commissioners discussed time frames, specificity in language, annual renewals,
Chair Pockl opened the hearing at 8:26 pm.
There were no in person commenters.
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Paul Jacob, Schuller’s owner, the family has had ownership for 33 years. Jacob thanked the
Commission for the opportunity. Caller noted that there was a lot of positive feedback when they
had an outdoor service area during COVID. The owners have created a landscaping plan to help
reduce noise and would like to build an outdoor structure that has curb appeal. Jacob stated that
their team is open to adjustments and alterations to ensure they remain a good neighbor in the
community.
Chair Pockl closed the hearing at 8:31 pm.
Commissioner Ginis stated that Schuller’s has demonstrated use without creating a negative impact
to the neighborhood and added she believes that the owners will work through any issues that may
arise. Given that, she supports the recommendation. Commissioner Segelbaum asked about
additional information from an applicant that expands or goes beyond the code language
requirement. Staff stated that they require a narrative from an applicant during the application
process where those things would be addressed. The conversation went on to code language and
what’s consistent between conditional and temporary uses.
MOTION made by Commissioner Ginis and seconded by Commissioner Johnson to follow staff
recommendation and recommend approval of the temporary use language as discussed.
Staff took a roll call vote and the motion passed unanimously.
Chair Pockl ended the televised portion of the meeting at 8:43 pm
6.Council Liaison Report
Council Member La Mere‐Anderson reported on the recent Joint Board and Commission Dinner as
well as items from the regular Council meeting, including the annual Police Department report,
introduction to new staff, and a vote to end the local mask mandate. She reported that there were
two finalists for the Police Chief job and that they would be interviewed on March 7. She also notified
the Commissioners that the State of the City would be presented at Under Pressure Brewing on Friday,
March 4, at 3 pm.
7.Other Business
Staff confirmed Commissioner Brookins is scheduled for the March BZA meeting. The Commissioners
who were in attendance for the Joint Board and Commission Dinner shared their feedback about the
event. The group discussed the process for finding a replacement for Former Commissioner Baker.
8.Adjournment
MOTION by Commissioner Segelbaum to adjourn, seconded by Chair Pockl, and approved
unanimously by roll call vote. Meeting adjourned at 9:01 pm.
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Andy Johnson, Secretary
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Amie Kolesar, Planning Assistant