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03-13-2007 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, MARCH 13, 2007 Members Present: Chair Lemke, Commissioners Anderson, Offerman, Scott, Stevens and Westgaard Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Sheila Cartney, Senior Planner; Debbie Huebner, Recording Secretary Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Lemke. 2. Consider 3/13/07 Planning Commission Agenda OVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WESTGAARD TO APPROVE THE MARCH 13, 2007 PLANNING COMMISSION AGENDA. MOTION CARRIED 6-0. Consider 2/13/07 Planning Commission Minutes MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER SCOTT TO APPROVE THE FEBRUARY 13, 2007 MINUTES. MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting Commissioner Anderson will attend the March 19, 2007 City Council meeting in place of Commissioner Offerman. 5.1. Request by Mississippi Ridge, LLC to Amend PUD for Mississippi Ridge -Signs, Public Hearing -Case No. OA 07-03 Senior Planner Sheila Cartney reviewed the request by Mississippi Ridge, LLC to amend the sign standards in the Planned Unit Development (PUD) for Lot 2, Block 1, Mississippi Ridge 3rd Addition (bank site) and Lot 4, Block 1, Mississippi Ridge 2nd Additions The request is to include an additional monument sign that exceeds the height allowed in the PUD standards and would include off-premise signage for Lot 4. Ms. Cartney noted that issue for the applicant is visibility. She reviewed the PUD standards and the requested deviation. Ms. Cartney reviewed a possible alternative to allow a second sign as a development identification sign. She stated staff cannot support the request due to the Council's recent action of moratorium on advertising signs and changeable copy signs. Chair Lemke opened the public hearing. Planning Commission Minutes March 13, 2007 Page 2 Stephen Rohlf, representing the applicant Mississippi Ridge, LLC, 17219 Highway 10, Elk River - Mr. Rohlf stated that he did not feel the moratorium applies to pending applications, and that their request to amend the PUD standards was accepted by the City prior to the moratorium. He stated that the applicant is not requesting an exorbitant amount of signage, and that the request would be far less than what was allowed if the property were zoned C3 Highway Commercial. Mr. Rohlf asked that the Commission consider allowing the second sign as a development identification sign. He stated that he felt the PUD zoning allows flexibility in the development of the property. Mr. Rohlf indicated that the request meets the City's intent regarding the City's Wild & Scenic Ordinance, which is to subdue the view of development from the river. He stated that the City Council has the ability to waive the moratorium. Peter Masterson, representing Greater Minnesota Credit Union, 112 So. Lake Street, Mora, MN - Mr. Masterson stated that the sign board will post the time, temperature, interest rates, as well as local public service announcements. He stated that the sign will be different than the Elk River Ford sign and will have no flashing, scrolling or animation. The messages will post for five seconds and will be one total message. Mr. Rohlf stated that the request should be considered since the application was made prior to the moratorium. Brent Richter, 17107 Yale Street, representing the Mississippi Heights Homeowners Association - Mr. Richter stated that the Homeowner's Association supports the signage request, since the impact on the residents would be m;n;mal. He asked that the Planning Commission favor the request. Kathleen Raivala, 17209 Yale Street NW - Ms. Raivala stated that she lives directly across from the Elk River Ford sign, which flashes and stated she feels like she lives in LasVegas. She stated that the homeowners have met with Greater Minnesota Credit Union and she supports the sign request. She stated that the landscaping they are proposing is exceptional. Mr. Barnhart stated that the issue is not with the design or size of the proposed signage. He felt the applicant has done a good job with aesthetics and in addressing the neighbors' concerns. He stated that although the applicant is asking to reduce the PUD standards only slightly, in light of recent Planning Commission and City Council actions regarding the lessening of other PUD standards issues, staff is uncomfortable in recommending approval. Also, regarding the moratorium, staff does not have specific information regarding the Council's signage goals. Mr. Rohlf stated that zoning is meant to protect safety of the public. He stated that the purpose of boards and commissions is to address specific circumstances. He did not feel that the request was unreasonable and meets the intent of the PUD agreement. He stated that if rules could never be waived due to specific circumstances, there would be no need for Planning Commissions. Commission Stevens asked if signage was allowed on the building. Ms. Cartney stated yes, that the applicant is allowed up to 7 percent of the total wall area for signage. Commissioner Stevens noted that he was present when the City Council passed the moratorium, and stated the discussion seemed to be regarding large billboard signs with flashing lights and animation, such as those in the St. Cloud area. There being no one else to speak to this issue, Chair Lemke closed the public hearing. Planning Commission Minutes March 13, 2007 Page 3 Mr. Masterson stated that his concern is visibility, due to the way the building is situated on the lot. He stated that the wall signage and monument sign would not be visible from Highway 10. Mr. Masterson stated he felt that, considering the site plan was already approved, the request should not be subject to the moratorium. Ms. Cartney stated that an actual sign permit was not received prior to the approval of the moratorium. Discussion followed regarding the location of the sign. Commissioner Anderson stated that the Commission must look at the PUD standards, even though the signage would not be an issue if the site were zoned C3. Also, the Commission must consider the moratorium. He stated he supported staff's recommendation for denial, based on the findings that the request is not consistent with the PUD standards and the moratorium placed by the Council. Commissioner Stevens stated he concurred with Commissioner Anderson. He agreed that the Commission should support what was approved in the PUD agreement, and he did not see a reason to change it at this time. Commissioner Scott stated that it appears the applicant is trying to be a good neighbor. He did not understand what the rush was, and why the decision for the sign needs to be made now. MOTION BY COMMISSIONER STEVENS, SECONDED BY COMMISSIONER ANDERSON, TO RECOMMEND DENIAL OF THE REQUEST BY MISSISSIPPI RIDGE, LLC TO AMEND THE PUD SIGN REQUIREMENTS, CASE NO.OA 07-03, BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST DOES NOT MEET THE EXISTING PLANNED UNIT DEVELOPMENT STANDARDS. 2. IT IS INAPPROPRIATE TO RECOMMEND APPROVAL FOR THIS SIGN UNTIL THE PLANNING COMMISSION AND CITY COUNCIL HAVE COMPLETED THEIR WORK RELATIVE TO THE SIGN MORATORIUM. Chair Lemke stated that he was in favor of the signage request, but that he also had concerns with the sign moratorium. Mr. Rohlf stated he disagreed with Commissioner Anderson regarding not allowing a deviation from the approved PUD standards, since PUD's are chosen because of their flexibility. He stated that the request would not be injurious to anyone, and that it was not unreasonable. He felt the Planning Commission could act on the request and that if they do not, they were getting way too hung up on the moratorium. He disagreed with staff's finding that the sign request was not submitted prior to the moratorium. MOTION CARRIED 6-0. 6.1. Update on Febniary 20, 2007 City Council Meeting Commissioner Stevens provided an update on the February 20, 2007 City Council meeting. Planning Commission Minutes March 13, 2007 6.2. Energy City Commissioner Update Page 4 Stephen Rohlf provided an update on the status of the designation of Elk River as Minnesota's Energy City. He noted that this designation would list Elk River as the Minnesota Energy City, along with the designation for the State Flower and State Tree. 7. Gateway Discussion Planning Manager Jeremy Barnhart provided an update on the Gateway Business Park. He discussed seven findings of the Maxfield Research Market Study, as detailed in his memo to the Planning Commission dated March 13, 2007. Commissioner Stevens stated that he would like to attract businesses that will provide more employment opportunities for the residents of Elk River. Discussion of MnDOT's future highway interchange plans followed. Mr. Barnhart noted that three development concepts will be prepared by staff for consideration by the Commission in May. Elections There was some discussion whether or not to hold elections. Commissioner Offerman stated that he would like to postpone elections until after the City Council has made the appointments to fill the expired terms. It was the consensus of the Commission to act on this agenda item. Commissioner Offerman stated he will choose to abstain from the elections. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER SCOTT TO ELECT BRAD STEVENS AS CHAIR FOR THE NEXT YEAR. THE MOTION CARRIED 4-1-1. Commissioner Lemke opposed. Commission Offerman abstained. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER ANDERSON TO ELECT KEVIN SCOTT AS VICE CHAIR FOR THE NEXT YEAR. THE MOTION CARRIED 5-0-1. Commissioner Offerman abstained. 9. Goals MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER OFFERMAN TO TABLE THE GOALS DISCUSSION TO THE MARCH 27, 2007 PLANNING COMMISSION WORKSHOP. MOTION CARRIED 6-0. Commissioner Anderson provided a brief update on the Downtown Redevelopment Task Force meeting. He will work with Planner Chris Leeseberg to provide a more detailed report at a future workshop meeting. 10. Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 8:15 p.m. Planning Commission Minutes March 13, 2007 Renspectfizlly submitted, .tQ~i ~~- Debbie Huebner Recording Secretary Page 5