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3.1 PC MIN 11-12-2013 DRAFT City of ">iii*, Elk Meeting of the Elk River Planning Commission River Held at the Elk River City Hall Tuesday, November 12, 2013 Members Present: Vice Chair Westberg, Commissioners Eric Johnson,Jeremy Johnson, Mike Keller and Konietzko Members Absent: Chair Anderson and Commissioner Mike Keefe Staff Present: Deputy Director, CODD Jeremy Barnhart;Park Planner/Planner Chris Leeseberg;Planning Intern Zack Carlton and Recording Secretary Debbie Huebner Also Present: Councilmember Barb Burandt I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:36 p.m. by Vice Chair Westberg. 2. Consider 11/12/13 Planning Commission Agenda Moved by Commissioner Eric Johnson and seconded by Commissioner Konietzko to approve the November 11,2013 Planning Commission agenda with the following addition: Consider Plaisted Request for Conditional Use Permit as Item 4.1(Public Hearing advertised) Motion carried 5-0. 3. Consider October 8, 2013 Planning Commission Meeting Minutes Motion by Commissioner Eric Johnson and seconded by Commissioner Mark Konietzko to approve the October 8,2013 Planning Commission Meeting Minutes. Motion carried 5-0. 4.1 Request by Plaisted Companies for Conditional Use Permit for Mineral Excavation, Case No. 13-12 — Public Hearing Mr. Barnhart explained that this request was inadvertently advertised in the Star News for a public hearing and notices were mailed to property owners. He asked that the Chair open the public hearing to receive testimony from anyone present wishing to speak to this issue. There were no public comments. Mr. Barnhart noted that the request will be considered at the December meeting. Planning Commission Minutes Page 2 November 12,2013 4.2 Request by Loucks Assoc. on behalf of Starbucks for Conditional Use Permit for Drive-through window/lane, Case No. CU 13-13 — Public Hearing Chris Leeseberg presented the staff report. He reviewed the following issues: parking and circulation,landscaping, signage,utilities and storm water. Staff recommended approval of the request with the 7 conditions listed in the staff report. Vice Chair Westberg opened the public hearing. There being no one to comment on this issue,Vice Chair Westberg closed the public hearing. Motion by Commissioner Eric Johnson and seconded by Commissioner Jeremy Johnson to recommend approval of the request by Loucks Associates for a Conditional Use Permit for a drive-through window/lane (Starbucks Coffee), Case No. CU 13-13,with the following conditions: 1. As a Conditional Use Permit is not a Building Permit,the property owner shall receive all required permits for any building or structure modifications, including all exterior signage. 2. Informational signage shall be posted indicating to motorists what vehicles will not make it through the lane. 3. The applicant will be replacing any woodbine ivy plantings along the fence removed during the construction. 4. The applicant/owner shall be responsible for 100% of Elk River Municipal Utilities costs to relocate the transformer. 5. The trash enclosure shall be constructed with the same materials as the building. 6. Approval of a landscape plan, meeting all city ordinances and requirements. 7. The concrete slab located in the island where the video drop box used to be shall be removed and replaced with landscaping consistent with what is already in place. Motion carried 5-0. 4.3 Request by City of Elk River for an Amendment to the City's Zoning Ordinance Regarding Pool Safety Barriers, Case no. OA 13-03 — Public Hearing The staff report was presented by Chris Leeseberg. Staff recommended approval of the ordinance amendment for pool covers,based on the ASTM F1346-91 Standards. In addition to the pool cover requirements, staff recommends additional language requiring self-closing, self-latching gates. Currently the ordinance does not specify this. The performance requirements for ASTM specification F1346-91 are summarized as follows: Planning Commission Minutes Page 3 November 12,2013 • The cover should be able to hold a weight of at least 485 lbs (2 adults and 1 child) to permit rescue operation. • Deflection of the cover does not allow the test object to pass between the cover and the side of the pool. • Have a means to drain substantially all standing water from the cover within a period of 30 min after cessation of normal rainfall. • Labeling requirements must include basic consumer information such as the warranty information, the appropriate warnings as described in the standard, and acknowledge the product as a safety cover. Vice Chair Westberg opened the public hearing. There being no public comment, Vice Chair Westberg closed the public hearing. Commissioner Konietzko asked if allowing these types of pool covers as barriers is becoming the"norm". Mr. Leeseberg stated that he is only aware of Rogers approving similar language, since the covers are not yet recognized nation-wide. Commissioner Konietzko asked if the city would be at risk for liability issues. Mr. Leeseberg stated that the city attorney has advised that the city would not be at risk for liability issues, only the property owner. Motion by Commissioner Eric Johnson and seconded by Commissioner Jeremy Johnson to recommend approval of the proposed ordinance amendment relating to pool safety barriers (Section 30-796 (d)(4), as follows: (d) (4) Pools a.All below ground swimming pools require a building permit and shall be enclosed with a fence or covered with an automatic pool cover when not supervised. b. The fencing or automatic pool cover must be installed prior to filling the pool. c. Fencing shall be chain link,vertical pickets or solid. Spaces between the bottom of the fence and the ground or between the pickets shall not exceed four(4) inches. d. Fencing shall be a minimum of four (4) feet in height and all gates shall be equipped with self-closing and self-latching devices placed at the top of the gate or otherwise inaccessible to small children and provided with hardware for permanent locking devices. e.Automatic pool covers shall meet the standards of F1346-91 (Reapproved 1996) of American Society of Testing and Materials (ASTM), as such standards may be modified, superseded or replaced by ASTM. Commissioner Konietzko asked why the ordinance was being proposed,if Rogers is the only other city that has approved the pool covers. Mr. Leeseberg stated that the City Council asked staff to look into allowing this option. He noted that the pool covers must be labeled with the ASTM (American Standard Testing Materials) emblem. Planning Commission Minutes Page 4 November 12,2013 Motion carried 4-1. Commissioner Keller opposed. 4.4 Request by City of Elk River for an Ordinance Amendment to the City's Land Use Regulations Relating to Signs, Case No. OA 13-02 — Public Hearing The staff report was presented by Zack Carlton. He stated that the proposed ordinance was drafted to balance the needs of the business community with the goals of the city. He reviewed the recommended changes since last month's meeting as follows: • Use 10% of facade area as the limiting factor for wall signs. • Maintain window signs at 50% of individual window area,but allow vacant commercial spaces to cover 100% of their window areas. • Increase the temporary sign size limit from 48 to 56 square feet, continue enforcing all temporary signs with a permit, and continue to limit display time to 90 days per year. • Continue prohibiting cabinet signs in the downtown district. • Increase the number of portable signs in the downtown district from one total, to one per public entrance. • Permit monument style signs in the downtown district with the following limitations: one per multi-tenant facility,maximum height of 10 feet,maximum sign area of 40 square feet, and a setback of 15 feet from the property line. • Continue to prohibit billboards in the CRT and maintain the principle use clause. • Increase billboard height from 25 to 35 feet and measure height from nearest roadway grade. Vice Chair Westberg opened the public hearing. Debbie Ryberg,Elk River Chamber of Commerce—thanked staff for their work on the ordinance and stated the overall changes were good. She stated that free standing sign limit is too small to be seen from Highway 10. Ms. Ryberg also stated that billboard signs should be allowed in the CRT zoning. She stated that the sign regulations should be made available in a brochure so that the average business owner can understand them. Fred McCoy,McCoy's Pub—asked why it has taken this long to get nowhere. He stated that the Heritage Preservation Commission supported the business owners' suggestions for the sign ordinance. He asked that the Planning Commission support them, as well. Steve Anderson, Franklin Outdoor Advertising—discussed allowing billboards in the CRT zoning district and the principle use restriction. He did not feel it would be an issue to work with contractors and property owners if the property were to be developed. He stated it was important for business owners to use billboards to invite people to their businesses. Planning Commission Minutes Page 5 November 12,2013 Jennifer Wagner, 18544 Quincy Court—thanked staff for their work on the ordinance. She stated that the downtown group meets monthly to plan events and that they cannot be successful if they can't advertise. She stated that it is an uphill battle for the downtown businesses to compete with national and large scale businesses. She stated that the 80 percent window coverage is necessary for sign promotions. Ms.Wagner asked that the Planning Commission support the monument sign requested by Granite Shores. She stated that there are major events coming up that would benefit from the sign,including the tree lighting event and Hockey Day in 2014. She felt the advertising would greatly impact attendance for these events. Commissioner Konietzko asked if the ordinance could be written to allow this sign in this location, and smaller signs for smaller buildings. Commissioner Eric Johnson stated that he felt the sign request by Granite Shores was reasonable. Commissioner Konietzko stated he also would like to see the sign approved. Commissioner Eric Johnson stated he did not object to 18 feet maximum height and 64 square feet for a free standing sign. Zack Carlton noted that other multi-tenant buildings would then also be allowed to have similar signs. Commissioner Eric Johnson asked what other multi-tenant buildings are in the downtown. Mr. Barnhart stated that the Bank of Elk River,Jackson Place,Elk Dental Center and the building across from the dental center are examples. Mr. Barnhart noted that if free standing signs as proposed are allowed, they could be placed anywhere on a property. He asked if the Commission was comfortable opening the door for other properties to have similar signs and if such a sign would be appropriate on any of them,provided they would meet the setback requirement. Commissioner Konietzko asked if the monument sign was approved in the amendment at a lower height, Granite Shores could ask for a variance. Mr. Barnhart stated that he did not feel it was good practice to knowingly adopt an ordinance anticipating a variance immediately after approval. Also,he questioned why an ordinance would be adopted that was not consistent with the Mississippi Connections downtown plan. He stated that goal of the plan is make the downtown pedestrian friendly. Commissioner Eric Johnson stated he supported the suggestion from the Decklan Group email which proposed that the free standing signs be proportional to the size of a building. He stated that this is challenging in the downtown where the Granite Shores building is the largest building. He stated that the city's goal is to draft an ordinance that the business community can understand and is not encumbered by complicated calculations. Commissioner Eric Johnson stated that since they are using the building size for calculating wall signage,why they could not also use the size of the building for a monument sign. Planning Commission Minutes Page 6 November 12,2013 Commissioner Konietzko stated that if the signage amount was written as a percentage of the building,he would be in favor of something more toward what Granite Shores was requesting. Mr. Barnhart stated that he struggled with the concept of a variance since most of the downtown is similar. Commissioner Mike Keller asked if Granite Shores was sold, the buyer could use the sign to advertise anything they wanted and may not be willing to advertise downtown events. Mr. Barnhart stated that a number of properties were assembled for the Granite Shores building and there could be another large building downtown someday with a similar sign request. He did not want to create a nonconforming use and that the goal is to not create impediments for businesses. Ms. Deckert,Decklan Group—stated that the language she was proposing would address the long term issue of multi-tenant building signage and would prevent monument signs from popping up all over. Ms. Wagner stated she was not sure that would be a bad thing to have other similar signs,if the needs of the businesses change. Chair Westberg stated that the current amendment proposes a 6 ft. high monument sign. Commissioner Keller asked if the Commission would want to see other 18 ft. high signs in the downtown. Ms. Deckert stated that the 18 ft. high sign would help to avoid vandalism. Discussion then followed regarding billboards in the CRT zoning district. Commissioner Konietzko stated he was unsure how billboards would harm the CRT. He stated that billboards could be moved and that he has seen them in front of retail, housing and residential. Mr. Barnhart stated that billboards are not prohibited on the west side of Highway 169. He stated that the CRT zoning was established so that property owners would not make large investments into the property when the future use was unknown, as well as the location of an interchange on Highway 169. Commissioner Eric Johnson asked if the Planning Commission could recommend that the City Council direct staff to look for places that billboards could be located. Steve Anderson stated that the principal use clause prevents them from being able to locate billboards along Highway 169. Mr. Barnhart explained why the property owners are not willing to sell small parcels for the billboards. He explained why staff is not recommending opening up the CRT for billboards on the east side of Highway 169. Planning Commission Minutes Page 7 November 12,2013 Mr.Anderson explained that 2,500 sq. ft. is all that is needed to put up a billboard. To allow a billboard,MnDOT requires that the property be zoned commercial or industrial. He felt the billboards should be an accessory use,not a principal use. Moved by Commissioner Konietzko to recommend modify the ordinance amendment to allow an option for billboards as an accessory use along the Highway 169 CRT zoning. Commissioner Konietzko withdrew the motion. Commissioner Mike Keller stated he did not agree with Commissioner Konietzko's motion. Motion by Commissioner Konietzko to allow billboards as accessory structures in the industrial zone where permitted. The motion died for lack of a second. Commissioner Eric Johnson stated he could not support the billboard issue without more information, and felt the amendment should be moved along to the City Council for a decision on this issue with the Planning Commissioner's comments in the minutes. Motion by Commissioner Eric Johnson and seconded by Commissioner Konietzko to approve the following changes to the ordinance amendment: (1) Section 30-873 DD downtown district (2) (page 15) change the setback from 15 feet to 10 feet, in agreement with staffs recommendation. (2) Adopt verbiage from Ms. Deckert's memo to city staff,using the size of the building to calculate how large the sign can be and not exceeding 80 square feet. Commissioner Westberg stated he had reservations about signs in a number of different places in the downtown, as it may detract from the character of the downtown;however,he was not opposed to the Granite Shores sign proposal. The motion carried 3-2. Chair Westberg and Commissioner Keller opposed. Motion by Commissioner Eric Johnson and seconded by Commissioner Jeremy Johnson to recommend approval of the amended ordinance amendment with the changes as approved by the Planning Commission. Motion carried 4-1. Vice Chair Westberg opposed. 5. General Business—None 6.1 City Council Liaison Update - None 6.2 Comprehensive Plan Update Mr. Barnhart stated that a public meeting will be held on December 18th and that the Planning Commission will likely review the complete draft in February 2014. Planning Commission Minutes Page 8 November 12,2013 7. Adjournment There being no further business, Commissioner Eric Johnson moved to adjourn the meeting. The meeting of the Elk River Planning Commission adjourned at 8:05 p.m. Minutes prepared by Debbie Huebner. Tina Allard City Clerk Chad Westberg Planning Commission Vice Chair