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
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