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Home My WebLink About2009-07-15 PacketMinutes of the Regular Meeting of the Energy and Environment Commission Edina City Hall Community Room Wednesday, July 15, 2009, 7:00 P.M. Members In Attendance and Roll Call: Bill Sierks, Surya Iyer, Julie Risser, Jeannie Hanson, Steve Christianson, Michael Platteter, Dianne Plunkett Latham, Raymond O'Connell Absent: M. Germana Paterlini, Hailey Lee, Paul Thompson Staff Present: Jane Timm, Matt Laue 1. Welcome & Roll Call 2. Discussion and Approval of Agenda. Commissioner Platteter made a motion to approve the meeting agenda. Commissioner O'Connell seconded. Motion carried. 3. Approval of the June 17, 2009 Meeting Minutes. Commissioner Latham made a motion to approve the minutes of the June 17, 2009 meeting with amendments. Commissioner Christianson seconded. Motion carried. 4. Community Comment Karen Shragg, Director of Woodlake Nature Center gave an overview of the Audubon Program at Braemar and Fred Richards and explained the process of certification of open spaces with Audubon International. Commissioner Latham made a motion to recommend the Park Board apply for Audubon certification at Bredesen Park and to consider other parks in the future. Commissioner O'Connell seconded. Motion carried. 5. Work Group Updates Water Quality Work Group The first meeting will be held July 20, 2009 at 7 p.m. Climate Change Work Group Chair Iyer reviewed the Climate Change Report in the Energy and Environment monthly packet. Education and Outreach Work Group Commissioner Risser gave an updated schedule of "Our Clean Energy Future" event August 18, 2009. There was also a discussion regarding Xcel Energy as a sponsor. Commissioner Risser made a motion to make a formal recommendation to Dick Crockett to reach out to Xcel Energy and CenterPoint Energy, invite and ask them to be a sponsor of the "Our Clean Energy Future" event. Commissioner Sierks seconded. Motion carried. Recycling and Solid Waste Work Group Commissioner Latham gave an update of the survey the group is putting together to send to residents of Edina. 6. Commission Business Commissioner Latham went over the changes to the bylaws to comply with the City Code changes. Commissioner Latham gave notice that a formal vote would be taken at the August 2009 Commission meeting. There was a discussion about the Energy and Environment Commission structure. Six topics were identified and put together with contact persons assigned to each topic. • Carbon Measurement and Procurement Commissioner Paterlini • Renewable Energy Commissioner Hanson • Air & Water Quality • Green Building Code • Education & Outreach • Recycling & Solid Waste Commissioner Christianson Commissioner Platteter Commissioner Thompson Commissioner Latham Commissioner Latham made a motion to have the following contact persons responsible for the following topics: Commissioner Paterlini Carbon Measurement and Procurement Commissioner Hanson Renewable Energy Commissioner Christianson Air & Water Quality Commissioner Platteter Green Building Code Commissioner Thompson Education & Outreach Commissioner Latham Recycling & Solid Waste Commissioner Hanson seconded. Motion carried. There was a discussion of the agenda and the meeting structure. Chair Iyer will put the agenda together differently for the next meeting with no Working Group Reports. The Natural Step Framework Seminar Plan that was on the agenda was not discussed due to lack of time. The EPA Climate Showcase Communities grant/timelines that was on the agenda was not discussed due to lack of time. 7. Adjournment Commissioner O'Connell made a motion to adjourn. Commissioner Risser seconded. Motion carried. The meeting adjourned at 9:10 p.m. The next meeting will be the regularly scheduled meeting at 7:00 p.m. August 19, 2009 in the Community Room. Respectfully submitted, Jane M. Timm, Secretary Minutes of the Regular Meeting of the Energy and Environment Commission Edina City Hall Community Room Wednesday, August 19, 2009, 7:00 P.M. Members In Attendance and Roll Call: Bill Sierks, Surya Iyer, Julie Risser, Jeannie Hanson, Steve Christianson, Michael Platteter, Dianne Plunkett Latham, Raymond O'Connell, M. Germana Paterlini, Hailey Lee, Paul Thompson Absent: Staff Present: Jane Timm 1. Welcome & Roll Call 2. Discussion and Approval of Agenda. Commissioner O'Connell made a motion to approve the meeting agenda with an amendment. Commissioner Christianson seconded. Motion carried. 3. Approval of the July 15, 2009 Meeting Minutes. Commissioner Risser made a motion to approve the minutes of the July 15, 2009 meeting with amendments. Commissioner Hanson seconded. Motion carried. Approval of the July 27, 2009 Special Meeting Minutes. Commissioner Christianson made a motion to approve the minutes of the special meeting of July 27, 2009. Commissioner Lee seconded. Motion carried. 4. Community Comment The scheduled speaker, Michael Juras, was not able to attend the meeting due to an illness. 5. Commission Business A special appreciation for all the hard work at the August 18, 2009 event was given to the Commissioners from Chair Iyer. There was a discussion about the approval of the Energy and Environment Bylaws. Commissioner Latham made a motion to approve the Energy and Environment final draft of the bylaws. Commissioner Christianson seconded. Motion carried. There was a discussion about a proposed letter to the City Council regarding the Drive -Through at 4420 Valley View Road and the amendment of City Code concerning the regulation of Drive -Through facilities. Some key points were: • Ordinance change vs. approval of a variance at that one location. • Encouragement to bike and walk to the location. • Let the City Council know the Commission opposed Drive -Through facilities. Commissioner O'Connell made a motion to approve a team of four commissioners to re -write the Drive -Through letter to be delivered to the City Council with the approved amendments. Commissioner Christianson seconded. Motion carried. There was an update from Commissioner Sierks about the Climate Showcase Grant. An application was submitted and a decision would be announced in September 2009. Commission requested that city staff let them know the proposed use of the grant monies. There was a discussion on an invitation that Mayor Hovland received regarding Solar America Workshop. Commission members did not support attendance for the following reasons: • Organization was too new. • Solar Industry development in the City of Edina was not likely. Commissioner Latham made a motion to not recommend Mayor Hovland's attendance at the Solar America Workshop. Commissioner Hanson seconded. Motion carried. There was a lengthy discussion about the structure of the working groups and the commission. There were many points of view discussed. • Each working group define one goal and make an effort to accomplish that goal. • Decide which projects would be done. • Meet ICLEI Milestone II. • Create a Policy and Project Subcommittee. • Grant application process for commissioners. Commissioner Latham made a motion to dissolve the Climate Change Working Group. Commissioner Thompson seconded. Motion carried. Commissioner Latham made a motion to form a Renewable Energy Working Group. Commissioner Hanson seconded. Motion carried. Chair Iyer appointed Commissioner Hanson as Chairperson of the Renewable Energy Working Group. Commissioner Hanson made a motion to publish the "Join Us" postcard in the Sun Current. Commissioner Lee seconded. Motion carried. Commissioner Latham made a motion to form a Policy & Project Subcommittee. Commissioner Sierks seconded. Motion carried. Chair Iyer appointed Commissioner Sierks and Commissioner Platteter as Co -Chairs to the Policy and Project Subcommittee. Commissioner Hanson made a motion to allow herself to apply for the Cynthia Kreig Grant to receive money for trees that would be planted at Pamela Park and to do an algae to oil demonstration project in cooperation with Water Quality Working Group with Park and Recreation Department approval. Commissioner Christianson seconded. Motion carried. Commissioner Latham made a motion to put forward to the Park Board a request to plant up to 350 trees. Commissioner Sierks seconded. Motion carried. 6. Adjournment Commissioner O'Connell made a motion to adjourn. Commissioner Risser seconded. Motion carried. The meeting adjourned at 9:15 p.m. The next meeting will be the regularly scheduled meeting at 7:00 p.m. September 16, 2009 in the Community Room. Respectfully submitted, Jane M. Timm, Secretary EDINA PUBLIC MEETING PROCEDURES During "Public Hearings" the Chair will ask for public comment after City staff members make their presentations. If you wish to speak on the topic, you are welcome to do so as long as your comments are relevant to the discussion. To ensure fairness to all speakers -and to allow the efficient conduct of a public hearing, speakers must observe the following guidelines: Individuals must limit their presentations to three minutes or less. The Chair will modify presentation times, as deemed necessary. Try not to repeat remarks or points of view made by prior speakers and limit comments to the matter under consideration. In order to maintain a comfortable environment for all those in attendance, the use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. During "Public Comments," the Chair will ask to hear from those in attendance who would like to speak about something not on tonight's agenda. Individuals must limit their presentations to three minutes and cannot speak to an issue for which a public hearing was previously held and closed within the last thirty days or a matter scheduled for a future hearing on a specific date. Individuals should not expect the Chair or Commission to respond to their comments. Instead, the Commission might direct the matter to staff for consideration at a future meeting. ENERGY & ENVIRONMENT COMMISSION AGENDA FOR MEETING August 19, 2009, 7:00 PM — 9:00 PM 1) Welcome, Call to Order, and Roll Call (2 min) 2) Discussion and Approval of Agenda and Agenda times (3 min) 3) Public Comment (10 min) Michael Juras (Com. Thompson invitee) (5 min) 4) Commission Business Final approval of by-laws (5 min) Drive through ordinance: Letter to Council (10 min) Climate showcase grant: Summary (5 min) Solar America Workshop Invitation to Mayor — EEC advice (5 min) Closure of EEC working group structure / overall goals (45 min) Alternative energy objectives (20 min) Other (at discretion of Chair) (10 min) 5) Adjourn The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large -print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Special Meeting of the Edina Energy and Environment Commission July 27, 2009, Community Room, Edina City Hall Members in attendance: Julie Risser, Germana Paterlini, Paul Thompson, Michael Platteter, Steven Christianson, Hailey Lee. Member of the Public: Bob Kojetin, of the Historical Society and the 9 -Mile Creek Organization Commissioner Risser called the meeting to order at 5:30 pm. Commissioner Risser read the proposed Resolution for recommendations to the Park Board on the Proposed Park Improvements. Germana Paterlini asked why the Park and Recreation Department was proposing Astro Turf for the field. Mr. Kojetin suggested that one of the reasons could be savings from water irrigation and maintenance. Environmental downsides from the AstroTurf installation were voiced by Commissioners. Germana Paterlini moved to approve the Resolution, Paul Thompson seconded, all approved, motion carried. Commissioner Risser moved to the second item of the agenda: approval of "EEC Seek Volunteers" announcement, to be published on the Sun Current. Commissioner Christianson suggested replacing "make our City greener and to counteract global warming" with the language already present in the bylaws. Steven Christianson suggested that the words "working groups" be replaced with "interest areas". Commissioner Platteter suggested striking "Green Building Code" for the list of choices. Commissioner Christianson moved to approve the "EEC Seek Volunteers" announcement, as amended with his and Platteter comments. Commissioner Lee seconded, all approved, motion carried. Commissioner Risser moved the third item on the agenda: approval of funds for the videotaping of the Will Steger, Bill McKibben event on August 18. Cost is $50/hour, for up to 3 hours. Germana Paterlini and Mike Platterer asked for availability of the recording, either on iTune or on CD. Paul Thompson moved to approve funding the videotaping by the EEC. Commissioner Lee seconded, all approved, motion carried. Commissioner Paterlini moved to adjourn the meeting, Commissioner Lee seconded. The meeting was adjourned at 5:55pm. Proposed Objectives for the Proposed Alternative Energies Sub -Committee We hope to reduce the City of Edina's carbon footprint and do so in ways that will be visible examples for citizens to consider doing for themselves and with their volunteer groups: 1) Install small axial flow wind turbines for lighting. a) Start Date: Engineering study September 2009. First turbine installed mid - 2010. b) 50kw to I OOkw, efficient design. c) CO2 savings: about .10 tons per hour. d) Locations: Centennial Lakes main building, York Ave Fire Station, Arneson Acres, as possibilities. e) Cost: $50,000 per installation. 2) Install small wind turbines for educational purposes. a) Start Date: Engineering study October 2009. First turbine installed early 2010. b) 5kw to 20kw, novel design, to develop interest in carbon offset (we have some examples). c) CO2 savings: about 2 pounds per kwhr. d) Location: an Edina school. e) Cost: $10,000 per installation. 3) Purchase a large-scale turbine to be Installed for Us in the Minnesota prairie wind farm area. a) Start Date: Engineering study August 2009. Energy agreement complete mid -2010. b) Full-size 3 megawatt Vestas (or other) to offset 11.1 % of Edina's CO2 with wind evergy. c) CO2 savings: about 2.8 tons per hour (one ton CO2 per MWhr). d) Locations: Edina City Hall (2.8 MW electrical requirement). Another target: Braemar complex. e) Location of turbine/grid connection facility: suitable Minnesota wind farm area. f) Cost: $4 million installed asset value: Could be lease -back arrangement. 4) Plant 100 Trees on City's Boulevard Spaces. a) Start Date: Fall, 2009 b) 4-10 trees (to avoid mower) and those low in foliage (to avoid interference with motorist sight lines). c) CO2 savings: more than 1 ton of carbon per tree over its lifetime, thus 100 tons. d) Locations: street/highway areas, homeowner easement areas. e) Cost: c. $6500 (includes planting) 5) Help to Preserve At Least 25 Existing Trees in Construction Areas a) Start Date: as soon as Planning Commission would like our help. b) Carbon Savings: depends upon the age and size of the trees. c) Cost: nominal. 6) Install a Working Algae -To -Oil Demonstration Project a) Start Date: June, 2010. b) Work with U. of M. researcher Dr. Roger Ruan and post-doc Min Minn to set up system in Edina. c) Air-dried algae will then be delivered to him for his research. d) Carbon savings: none now, but they're getting algae to biodiesel at a rate of 8%. e) Location: Rosland Park dock or Lake Pamela 7) Install solar traffic lights and/or City Hall panel and/or school panel a) Will be coordinated by new subcommittee member(s) if any are interested. b) Carbon savings and cost: to be determined. 8) Survey and Signage at one city park a) Start Date: Planning, September -December, 2009. Survey Date: late May - June, 2010. Signage Creation/Installation: August, 2010. b) Under the "Bio Blitz" model, though possibly contracted through the University's Bell Museum professors & curators in various areas, survey/list/present to the Edina public a list of the living creatures at the selected city park on one selected day. c) Using some of this information create/have built/install 5-10 natural wood signs within the park, constructed from dead tree(s)' wood with simple "woodburning" style text. d) Carbon savings: none. e) Location: Pamela Park or Bredesen Park f) Cost: $3000? $5000? 9) Apply for Cynthia Krieg grant ($5000 maximum ever awarded) through the Minnehaha Creek Watershed District for either objective 4, 6, or 8. a) Start Date: city approval by August 30 (first stage of proposal due September) 10) Highland School Project a) Might involve wind turbine and solar panel mentioned above. b) Could involve delivery of the dried algae to the U. of M. lab. c) Other projects. d) Will be coordinated by soon -to -be -group subcommittee member Julie Jones. e) Carbon savings and cost: to be determined. 11) Work with City & EEC's Bill Sierks to Incorporate Alternative Energies into the Design of the New Con -Agra Building—Grant is in a) We have some info on one kind of geothermal. b) Rest to be determined. BY-LAWS OF THE CITY OF EDINA ENERGY AND ENVIRONMENT COMMISSION OFFICES: 1. The principal office of the Commission shall be at 4801 West 50th Street in the City of Edina, County of Hennepin, State of Minnesota, 55424 2. The Members of the Commission may designate, for administrative convenience, the legal address of the Edina City Hall as an office for receipt and transmittal of Commission communications. MEMBERS: 3. Membership. The Commission shall consist of I,e even members _ _ _ _ , _ -i Deleted: nine appointed by the Mayor with the consent of the majority of the Council. One member of the Commission shall be a high school student with full voting rights. All members of the Commission shall be residents of the City and shall be appointed for a term of three years, except that a student member shall be appointed for a term of one year. Of the I,�even------------ Deleted: nine members, one member shall also be a member of the Planning Commission and one member shall also be a member of the Park Board. Members shall serve until a successor has been appointed. Upon termination of a member's term, that member's successor shall be appointed for the remainder of such term. Members of the Commission shall serve without compensation and may resign voluntarily or be removed by a majority vote of the Council pursuant to Section 180 of this Code. Commission members who discontinue legal residency in the City may be removed from office by the Mayor with the consent of a majority of the Council. DUTIES AND RESPONSIBILITIES OF THE COMMISSION: 4.The Commission shall: A. Examine and recommend best practices for energy conservation for Edina's citizens and businesses, including recommendations for a "green" building code, use of Energy Star appliances, and other energy reduction targets. B. Examine and recommend changes in City Government purchasing and operations to conserve energy. C. Evaluate and monitor the provision of a residential recycling program. D. Evaluate and monitor the provision of a privately provided solid waste program, as well as a reduction in municipal solid waste produced by Edina residents and businesses. E. Evaluate and encourage improvements in air and water quality. F. Promote the establishment of targets for the reduction of greenhouse gas emissions produced by the City's buildings, equipment and operations. G. Educate the public about energy issues, reduction, conservation, reuse, recycling and environmental protection. H. Examine and promote renewable energy options for transportation, heating, and cooling, and other energy uses. I. Prepare such studies, reports and recommendations as the Council may request. MEETINGS OF MEMBERS: 5. The Commission shall hold meetings monthly at 4801 West 50th Street in the City of Edina, Minnesota. 6. A majority of the members of the Commission shall be requisite and shall constitute a quorum at all meetings of the members for the transaction of business. If, however, such majority shall not be present within 30 minutes of the scheduled starting time, the members present shall have power to adjourn the meeting or continue as a work session posting the minutes in either case. 7. At each meeting of the members, each member shall be entitled to one vote. All elections shall be had and all questions decided by a plurality vote. 8. Special meetings of the members for any purpose or purposes may be called by the Commission Chairperson, or upon the request of a majority of Commission members. 9. All regular and special meetings of the Commission at which official action is taken shall be public meetings, and no person shall be excluded there from. 10. The Commission may request assignment of a staff secretary from the City. If a secretary is assigned by the City, the secretary shall perform only such clerical duties on behalf of the Commission as may be assigned by the Chairperson with the consent of the City Manager. -2 - OFFICERS: 11. The officers of the Commission shall consist of a Chairperson and Vice - Chairperson. Both officers shall be elected by a majority vote of the Commission members at each February meeting for a term to end at the next February meeting. 12. In the absence of the Chairperson or Vice -Chairperson, a Chairperson Pro Tem can be appointed by the members present. 13. The officers shall hold office until their successors are chosen and qualify in their stead. CHAIRPERSON: 14. The Chairperson shall preside at all meetings of the Commission. The Chairperson shall sign all documents approved by the Commission. The Chairperson shall prepare agendas for each meeting of the Commission. If. Working Groups are established by the Commission under Paragraph Deleted: Committee Working _ _ _ _ --------------------------- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - 17, the Chairperson shall, with the approval of a majority of Commission members, appoint the chair of each _Working Group for a_term to end at - _ _ _ _ - Deleted: committee the next February meeting. A _Working Group Chair maybe rem- ov_ e_ d by ------ Deleted: committee the Chairperson with approval of the majority of the Commission. VICE -CHAIRPERSON: 15. The Vice -Chairperson, in the absence or disability of the Chairperson, shall perform the duties and exercise the powers of the Chairperson and shall perform such other duties as the Commission shall prescribe. RULES OF ORDER: 16. The rules of parliamentary procedure comprised in the latest edition of Robert's Revised Rules of Order shall govern the Commission in its deliberations except where they are in conflict with the By -Laws. In the event of conflict, the By -Laws shall take precedence. Rules may be amended at any meeting by a majority vote. The order of business may be suspended at any meeting by mutual agreement or by a majority vote. WORKING GROUPS: _ - Deleted: COMMITTEE 17. A majority vote of the Commission shall authorize suchWorking Groups - - _ _ _ - Deleted: committee as it deems appropriate and shall define their scope and duration. Each_ _ _ - - - Deleted: Working Group shall be chaired by a member of the commission and_may_ _ _ _ _.Deleted: committee •------- --------------- include other commissioners, city staff, and residents of the community. Such members shall be recommended to the Commission by the W, orking _ _ - - Deleted: Committee -3 - Group Chair and must be confirmed. by a majority vote of the Commission. AFWorkinq-Group _member may be removed by the Working Group Chair Meted: committee upon approval of a majority of the Commission.�ejeted: committee CONFLICT OF INTEREST: 18. No member shall use their position on this Commission for financial gain for themselves or for others. If such gain could reasonably be expected, the member shall abstain from voting. AMENDMENTS: 19. These By -Laws may be amended by the affirmative vote of a quorum at any meeting of the Commission called for that purpose; provided that the substance of the proposed amendment shall have been submitted in writing to the members at least ten (10) days prior to such meeting. History: Adopted 2-16-08; amended 8-19-09 -4 - To: Edina City Council From: Energy & Environment Commission RE: Amendment to Ordinance 850 2009.0004.09c, regarding drive through facilities A change to the above ordinance will increase the number of establishments allowed to do business using drive -troughs. The EEC would like to bring to your attention the negative impact of the proposed changes. Idling of passenger cars and commercial vehicles during the winter and summer months contributes to indoor and outdoor air degradation. Indoor air quality diminishes when idling vehicles are parked near buildings. Idling is particularly problematic when it occurs around places where children with developing lungs are at play such as schools and daycare facilities. New Horizons Day Care is half a block down from the Wooddale Valley View intersection, the site of the proposed drive through. In drafting the Environmental Chapter (Chapter 10) of the 2008 Comprehensive Plan, the EEC recommended greater education of motorists, signage at problematic sites, a city ordinance and lobbying for a state law banning idling. This proposed ordinance amendment actually moves in the opposite direction by encouraging coffee shops and juice bars to vend to customers while they remain in their vehicles. The City Staff has enthusiastically embraced non -idling education by promoting a price - winning video on proper car maintenance and winter driving behavior. We wish City Staff to continue promoting non -idling, including careful drafting of ordinances that, enhance, and not reverse, current non -idling policies. Edina is recognized for its sense of community and excellent business environment, as seen in the high concentration of establishments such as banks and coffee shops. Such establishments are thriving and there is no evidence that customers avoid them because of inconvenience from lack of drive-through. It is unclear how Edina businesses can benefit from more drive-through establishments, but the health and environmental impact on Edina residents is certain. For this reason, the EEC respectfully recommends that the above ordinance not be changed. PLANNING COMMISSION STAFF REPORT Originator Meeting Date Agenda # Cary Teague July 29, 2009 2009.0004.09b Director of Planning Brief Description Richards & Wanninger, LLC have made a request to amend the City's Zoning Ordinance to allow restaurants to have a drive-through window in the PCD -1 Zoning District. (See request on pages Al—A3.) The purpose of the request is to allow Bull Run Coffee to utilize the existing drive-through window at the Clancy's site at 4420 Valley View Road. They would offer coffee and pastry sales through the window. Prima Restaurant would be sharing the building with the coffee establishment, but Bull Run Coffee would operate the drive-through window. Information & Background Currently the PCD -1 district allows drive-through facilities, except those that are accessory to financial institutions and food establishments. A coffee shop is considered a food establishment. Clancy's Drug Store has a drive-through window on the east side of their building. (See page A3.) The City's current drive-through facility standards are as follows: A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served. 1. Financial institutions: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 2 stacking spaces per bay 4. All other uses: 4 stacking spaces per bay B. Location of Stacking Space. 1. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces. 3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each stacking space shall be nine feet wide by 18 feet deep. D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service bays. The Clancy's window meets this criterion, as it would fit the "All other use" category. A coffee shop would also fit into the "All other use" category, as the Code is currently written. However, food establishments are not allowed a drive- through window in the PCD -1 District, as demonstrated by the following Ordinance provision: Subd. 7. Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive-through facilities, except those accessory to i) financial institutions, and ii) food establishments as defined in Section 721 of the City Code Produce stands pursuant to a permit issued by the Manager Issues Distinguishing between coffee shop and fast food restaurant. The City attorney has advised not to make a distinction between the two, as is it extremely difficult when food and coffee is served at both. Often times drive-through windows for fast food establishments are open late into the evening and even past midnight. This would not be appropriate for the neighborhood commercial zoning district, 2 as often times they are surrounded by single-family homes. The subject Clancy's site is adjacent to single-family homes. Therefore, the conditions on which a restaurant may have a drive-through must be specific enough to make it difficult for a fast food restaurant to have a drive-through window in this zoning district. Hours of operation. Because most of the City's PCD -1 Districts are adjacent to single-family homes, hours of operation should be regulated. The 70th and Cahill PCD -1 sites are not adjacent to single-family homes. A restaurant primarily serving coffee through a drive-through window would not be open into the evening. Their peak times would be in the morning. Therefore, staff is recommending limiting the hours from 6:00 am to 6:00 pm. This would be acceptable for the applicant, whose primary business is in the morning. The 6:00 pm restriction would discourage a fast foot restaurant. Items to be sold. To further prevent fast foot or restaurants service food items from the window, the items to be sold associated with a coffee shop could also be regulated. Staff is suggesting coffee, non alcoholic beverages, pastries and donuts only. Stacking. The current standards for drive-through windows were not written with coffee shops in mind. As an example, the Starbucks located at 5121 Gus Young Lane, often times has cars stacking out into the street. However, they do meet the above standards. In planning a code amendment to allow a drive-through for a coffee shop, additional stacking spaces should be required, and a prohibition on stacking into the street included. The subject Clancy's site would have adequate stacking space for 10+ cars around the building, including a car at the window. (See page A3.) Menu board. Again, given that the location of these uses would be within neighborhood commercial areas, the menu boards should be located away from residential areas. Noise from the menu board should also be restricted. Other PCD -1 Sites. Consideration should be given to the appropriateness of other PCD -1 sites, which include the 44th and 54th and France areas; Londonderry Road and 169; and 70th and Cahill. (See zoning map and aerial maps of these areas on pages A7—A19.) Lot size requirement. Some cities require a minimum lot size for drive-through facilities to ensure adequate site size for setbacks, buffer, stacking space etc. If a minimum of one acre (43,560 s.f.) was required, there would only be five sites that could be developed with a drive-through window: The subject site; the site at 4510 Valley View Road (across the street from the subject site; the site at 5816 Londonderry Road; and two sites at 70th and Cahill. (See pages A9, Al2, and A19.) It would seem appropriate to only allow drive-through windows for restaurants on larger properties in the PCD -1 district, as it would ensure adequate stacking space, further distance from single-family homes, area for landscaping etc. Survey of Cities To provide some background, staff conducted a survey of cities to compare regulations on drive-through windows: City Setback from Are drive-through Stacking Hour Distinction between Residential windows allowed in Required Restrictions fast food and coffee Neighborhood shop Commercial Districts Edina 20 feet Yes, except for banks & 4 spaces No No food establishments Apple Valley Building No 5 spaces Through a Yes setback CUP Eden Prairie Building Yes Study required No No setback Lakeville Building No 180 feet (10 Through a No setback spaces) CUP Minnetonka 100 feet Yes, bank only 6 spaces No No Richfiled 150 feet No 4 spaces No No Plymouth 300 feet No 5 cars -pharmacy 7 am -10 pm Yes 10 cars all other St. Louis Park 100 feet Yes 6 spaces Through a Only for parking CUP Wayzata 50 feet for the No 180 feet (10 cars) No No building Falcon Heights No 8 spaces Through a No CUP Eagan N/A Yes 5 spaces Through a No CUP Bloomington No- but must Yes 6 spaces 6 am — 10 No be screened & pm if within hours limited 300 feet of residential Staff Recommendation/Proposed Ordinance Attached is the proposed Ordinance amendment drafted by staff. Staff has added restrictions to address the above issues. Staff would recommend approval of the ordinance amendment with these added restrictions. M July 17, 2009 Mr. Cary Teague City of Edina Planning Department 4801 West Fiftieth Street Edina, MN 55424 Re: Zoning Ordinance Amendment Application for 4420 Valley View Road To the Planning Commission and City Council: This property has been the home of Clancy's Drugstore. We have been the owners for about 8 years. Our intention had been to redevelop the corner, but that is not possible due to obstacles relating to site assembly, the economy and zoning/ entitlement issues. After careful consideration of our options, we have decided to pursue a remodel of the building to bring a neighborhood bistro and coffee shop to the property. Clancy's installed a drive-thru window for their pharmacy customers. This window has been in use for at least a decade, and is a popular and convenient service for the neighborhood. We are not aware of any problems related to the drive-thru window. There is plenty of space for stacking of cars and the ingress/ egress to the property is excellent. We've had many requests over the years to have a coffee shop on the site. We now have the opportunity to do so, but the current PCD -1 zoning ordinance prohibits the sale of any type of food or drink through a drive-thru window, so we are applying for a zoning ordinance amendment. It is our understanding that the goal of the current ordinance was to discourage fast food restaurants such as Wendy's or Burger King from locating in neighborhood retail locations. Our intended use does not include fast food, and in fact encourages customers to sit in the restaurant. Prima Restaurant and Bull Run Coffee intend to occupy the former Clancy's space. There are currently two Prima Restaurants in the Twin Cities. One is located at 54th and Lyndale. The other is located at Highway 7 and 101 in Minnetonka. The restaurant will have approximately 55 seats. There will be outdoor dining in the summer. Elliott and Jennifer King own Prima Restaurant. Bull Run Coffee is owned Greg Hoyt. Bull Run Coffee is found in many of the best restaurants in the Twin Cities. It is the intention of Prima and Bull Run to sell coffee and pastries through the drive-thru window. If a customer desired to take a meal home, they would need to call ahead and would have to come into the store to pick up the food. We respectfully request that the zoning ordinance be amended to allow Prima and Bull Run to sell their goods through the existing drive-thru window. As this is not a fast food restaurant, this drive-thru will operate similar to the Starbucks near 50th and Highway 100. This is a unique situation, and we are not aware of any other existing drive-thru windows in similar situations. Perhaps this amendment could apply only to existing drive-thru windows. There could also be stipulations related the percentage of food and drink sold through the drive-thru versus sold inside for sit down dining, much as establishments with liquor licenses must sell a percentage of food relative to drink. We would be amenable to such stipulations. Without the amendment, the operators of Prima and Bull Run are not willing to make the investment into this location. While it is not their intention to sell meals through the window, the sale of coffee is a significant part of their business plan for this corner. Our informal polling of the neighborhood reveals a very strong desire for this proposed use. W ope you will agree. Regards, John Wannger Richards & Wanninger, LLC 4420 Valley View Road Edina, MN 55424 952-240-7600 jwanninger@gmail.com Ent SITE DATA BUILDING FOOTPRINT 8,968 S.F. PARKING PROPOSED 65 STALLS PARKING RATIO 7.3/1000 DRIVE THROUGH STACKING PROVIDED 12 VEHICLES PLUS ONE AT THE PICK UP WINDOW SITE PLAN DELINEATES PARKING AND DRIVEWAY AREAS PROPOSED TO BE PAINTED ON EXISTING BITUMINOUS LOT SITE PLAN PREPARED BY RLK ON BOUNDARY SURVEY FROM EFN. tk EASIING RT K M1 n[oxw MN Richards ards and Wanninger, LLC S® L� Wz--MN `O, MF^ncE'95293309)2 .1 S23115.Preliminary Site Plan - Edina, MN 7/28/09 v Y1ax113i 6i 105w[CwaF(Inrve 3�irt 100 MIHi2irnulu MN A34] ORDINANCE NO. 2009— AN ORDINANCE AMENDING THE CITY CODE CONCERNING REGULATION OF DRIVE-THROUGH FACILITIES The City Of Edina Ordains: Section 1. Sub Section 850.07, Subdivision 14 is hereby amended as follows: Subd. 14 Drive -Through Facility Standards. A. Number of stacking spaces in addition to the vehicle(s) being served: 1. Financial institution: 3 stacking spaces per bay 2. Car wash: 25 stacking spaces per bay 3. Accessory car wash: 3 stacking spaces per bay 4. A restaurant in PCD -1 District: 8, stacking spaces per bay 4-5. All other uses: 3 stacking spaces per bay B. Location of Stacking Space. No stacking space shall encroach into any drive aisle necessary for the circulation of vehicles. 2. All stacking spaces shall provide the same setbacks as are required by this Section for parking spaces. 3. In the case of uses described in subparagraph 4. of paragraph A. of Subd. 14 above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at which the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. C. Minimum Size of Stacking Space. The minimum size of each 11 stacking space shall be nine feet wide by 18 feet deep. D. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant to a drive-through facility shall provide the same setbacks as are required for principal buildings. E. Facilities Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service bays. F. Restaurant in the PCD -1 district. 1. Mav onv sell coffee. non al ®ITA MIM or* fF sI )eration of the drive-throuah window shall 4. Minimum lot size shall be 1 acre. 5. Levels of noise shall be measured at orooertv li No Dart of the public street or boulevard may be us Section 2. Sub Section 850.16. Subd. 2 is hereby amended as follows: Restaurants, but ovnli Jinn f dFivo_ins" and drive-through faGilitieS Section 3. Sub Section 850.16. Subd. 7 is hereby amended as follows: Subd. 7. Accessory Uses in PCD -1. Off-street parking facilities. Buildings for the storage of merchandise to be retailed by the related principal use. Not more than two amusement devices. Drive through facilities, except those accessory to i) financial institutions, Produce stands pursuant to a permit issued by the Manager Section 4. Effective Date. This ordinance shall be in full force and in effect after its adoption. First Reading: Second Reading: Published: ATTEST: Debra A. Mangen, City Clerk James B. Hovland, Mayor Please publishing in the Edina Sun Current on Send two affidavits of publication Bill to Edina City Clerk CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of , 2009, and as recorded in the Minutes of said Regular Meeting WITNESS my hand and seal of said City this day of , 2009 im Al City of Edina 6025 6024 6025 6020 Legend F--- J House N—b., Labels ,I 6016 6017 6016 6029 6028 6029 6028 Pa r aaa Stmel Name Labels --- i Ody L"vnas -� _ -- — - - ' 6033 6032 6033 6032 /v' Greeks 6021 1 6021 L— 6037 6036 5037 6077 ❑ Lake Names _ 6076 L_. Lakes 6015 6024 6025 6041 6090 6039 ❑ Parks L—_- I 6000 6045 Zaning 6015 6004 �' - ACJ (Amnma aroyGsr:e1 6028 F-1MCJ<S'.I.a7 Jc.emncr. 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TI 5008 " L. Legend 6908 6905 0 5406 House Humber Labels ` 5410 Slleel K.— Label. -12$402 6917 5100 5101 . / C57 Lmd 'es I� 5517 __ _.-- - 24 i `✓ peeks 6916 5411 •.- Lake Hames 5605 I , -" Y' paav (� Lakes 5601 I 6920 ,� 5411 5116 V-1 Parks 15111 5112 5120 5118 5616 j Zonmy 7 11 ■ A Amnm,e P.rayv.: cl 5 601 5600 5572 5518 5511 y ; U - c;N.ad , 1506 2 ; ■ 41� Stu.efo w 0 �c 5; --- _. 11 70A1 N SIS Ps. 24 555 55275611551 558 377 / 1,670 ® PCO <(P,rrn1[anncaa ,.:cc; 7009: 556513 — O P'iJ 2!aard —3-2; 3 -.c2; _ - - -,765„ ■ Pa3 t:a-1�:d 11-1: 592 7 1017 5525 7075 ® Pa�2;ParcdRcb2��-. c. Zi 2 24 ® 040.7lra,anmac��-.:-.c l; _ 531 536 !M 6533 PP6 010 510 7 1011 542ON 70 7071 s,Pmfa�e=c6:nc 5; ® ® P59 <�,ParoJ 6civ 4r.drm- 3511 $516 8!!56551 817 5511 056 7077 SK !h 7079 RN^. 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Parcels 241 2006 Aerel Photo 20 N � 3/O1 �/ 75 N1/ N .. 000 _ S3f 55! 531 DSI ' J 317 701 17 1/ 3517 OI7 ZS ! su 7015. 7 75 D 71 f Sst! s!/ 7070 7921 512 s 7 052 7 7074 8553 553 7 yS1 70Al 1 055 - �y 050 7070 oN 550/ na 707 lt70/ 7 70N 117 7151 TfiTI 7175 :/t'° _ [.74 , PID:0811621110024 ow e r VI 7001 Cahill Rd :co r O Edina, MN 55439 �'�Yv17o nTYl nm� All 41a City of Edina 5508 5509 5512 690669 71 //? / J 6909 s90s 3406 5406 , , ,11 _ Legend Norlse Number Labeh 5513 12 8917 u10 ' 5300 5404 15402 } 21 $INeI kartq Labab ./ Cdy Lords - syn �. `,` �l creeks 6916 5112 Lake Names 6605 �� 'DA�`�5aYw Y j- Lakes 5601 69205426 5<14 I 5414 5112 5420 5418 5416 Parks 7/ $604 5600 5572 5526 5524 6510 5506 6502 14 SIJ2 5110 _ __ ]4-� 70TH -W 560, 5519 5579 553, 5416 37,41" 21 21 3.99 5555 SSS] 3615 ' 5115506 550/ 5559 5557 `//5571,'�7755/955/5j 7009 5565 5561 �( / 5527 LJ,��1 101] N 7001 5115 55T7 5511 VlLAlE DR 7011 5525 5528 LM6' 5516 5515 0 70t1 ]015 7075 24 7020 5510 5517 702l Ll�]2 S555555155447 �� 7040 7036 20567011 �q •I S�07/ 0 1 1 ( 5545 5519 I � � L 1060 7070 71 t SO,j;S 71N �t l t 70767092 7096 7012 7088 I I I 14 i I I I 5506 uws an. 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Edina, MN 55439 • 1t�tLIWJ1\Ai Yi e IIIIIH A(3 A/ 5 City of Edina 4303 - Legend NaussNumber Labels S,.., Name Labels 4307 N Csy Limits 3918 3816 4388 Creaks 4317 3924 3920 Lake Nacres El 3930 3936 Lakes Parks 4713 Ej Parcels 4315 4316 k41µ W 4400 24 3919 dIOI 3925 3947 2d 4003 24 0 4404 O- E v Ol 3900 3910 3918 4500 4000 3930 1002 4405 4004 3940 4407 4006 4409 3920 4500 p jot q ` 3903 3905 4008 4010 4012 101, 3907 3911 400, 4014 4093 4005 4007 4518 4530 ® a009 4013 4011 4srmar-�Mu115- CayyclC: �Gd GS]US G tBNI �g1rlA> �1 V r� Q >4 � �'�CY1NR yV•"Lt' 11)IIN A/ 5 City of Edina Legend ---- House Number Labels Street Name Labels 401 City Limits N Creaks ElLake Names Lakes ❑ Parks —T Zoning ■ AVD IAulanobav PrRm90iwiai MODJINmI peWopnrn 0ul--q I ■ MDD•SlMlotl Da�tlopmmn DalM-Sl ® NDOJIMml Oawbe—IDrrinel Vet 53 ■ no"(Pl —Coeoneml Dl .Il ® PCD -21P1 .W C.M-mlb--2l ® PCO-31PW.. 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Numb., Label. Stn.t Nam. L.W. City Llmifs I✓ Yy5100/ j 5701 s7Di 3 705 5717 5709 5713 /j /—� 577. /,/Cnaks Lake Nam.s 5720 .717 / 5706 Lk.. 5717 /. 571 5721 / 5778 Parks 716 /j 5]37 5736%5],✓��j 5112 5718 \35720 / �._/ 5]Unnn . 5728 5]]7 57�33``77��//•f 5]N / A ,/(�SIISf/ ■ APD IAW.m..r Ma+OYtra1 oMepn�l NOD•1IYse DIenC•q ■ NDD-51M—Dl D--!R .Me.m� i1 S136r ^ 5?� 6715 57,0 ® NOD<1Mn..O.NI —,O. -c �71 LpyylpyOyPRY DR 71 715]57 j/ 21\ ■ PGD-1ltiaM.COn�aOaC-tf ® PCD-21PU—C--21 M"IPMuiN CamrroMDsiria-]i �` •'tea '- ® vcD<trY�e.. cw�m.as D.w-q 1 l �;� � Pro tNl.u.e 6wr.:r D,w:n1 \ � roOnlPbnn.0D1r D.md.n t— O I D.21P —W—D-2) `\� ■ .'R011.1YntlR�.n Delrn,ll ® PRO -21PYen..11r.erl Ds -21 J PRD 31PWn1 R1 0�Ir 31 ® MD�IIin�W Rwi�l Dalrtldl ® PRD,51PIYn.OR...ml Dslrn•A 5901 . 9Ri1PIN�n.R 3Y�brRmMio<I O R-1 1..91.0r , U.0 0-1 y,5 \ ® R310wbY D.YInq 11M DMrr,1) $ FF»< ■ RMDIRgionMMMd Owrsll � Parc.ls 'd ws cmns•�ci.o-,oc6ans o �. PID: 1902824110001 w91�A, Q ' 5400 France Ave S M Edina, MN 55410 �� ,}i •�hf/K15tAif[� b3�A ma M City of Edina 5616 8809 6867 6803 6861 Legend Mghlighta6 F.at.. 5700 Hou.. Num6ar L.W. 5700 0 -"� 5704 b 5701 5704 3 / r 5708 5 5705 5700 5712 I 3]09 1 5704 Y U5717 Sinal Name L.W. ./ City Limits /w ^:� Cnaka O Lk. Nam.. 5720 `5717 5708 j' 5]21 5711 5708 5178 57/2 5732 5725\ _ [..... Lk.. O P.M. Parcel. 5778 i 55720 5736 �57r 5712 < 5724'7n 57,]Il,� 51285732 5715> 71 f1 5]36 3]10 6713 .......57' 5718 �� N p .� 752 4 "+�;{.c- LOWDOYD97RYOq �� `�tf S \ �... \�•`� 6636 21 Z t 5901 — � a mrgs!C�laiS gSa»S La71� on 0 Slkl - 'w91NA �1 PID:1902824110001 0 e 5400 France Ave S 4p r> ��} Edina, MN 55410 UUsc� M