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Home My WebLink About0911957:00 p.m. HEARINGS: 1. 2. o o REGULAR PLANNING COMMISSION MEETING MONDAY, SEPTEMBER 11, 1995 Call Meeting to Order Review Minutes of Previous Meeting Consent Agenda a) Resolution 9526PC - Ron and Kim Anderson Variance Consider Conditional Use Permit for Midwest Cablevision, 15577 Highway 13 Consider Variance Request for Thomas Borger, 3106 Fairview Rc} SW, request for a 7 foot variance to permit a front yard setback of 18 feet instead of the required 25 feet. Notice of Hearing for Conditional Sign Permit to permit 3 off-premises directional signs for Minnesota Valley Community Church, 5995 Timber Trail. Consider Variance for Fairview Hospital and Healthcare Services Lots 1, 2 and 3, Second Addition to Westbury Ponds. Applicant proposes 3 signs on the subject site; a 15 foot high, 10x7 foot, internally illuminated pylon sign; a 5 foot high, 2 foot x 4 foot entrance sign; and a 5 foot high, 1 foot x 2 foot "Deliveries" sign. Consider Conditional Sign Permit for Fairview Hospital and Healthcare Services, lots 1, 2 and 3, Second Addition to Westbury Ponds. Signs for uses which are classified as conditional by the Zoning Ordinance are subject to the requires of the "Signs Accessory to Conditional Uses" section. OTHER BUSINESS: a) Comprehensive Plan and Transportation Chapter discussion. 16200 Ef~lEsCa~ek Ave. S.E., Prior Lake, Minnesotd'qS~33~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 1 1 PLANNING COMMISSION MINUTES SEPTEMBER 11, 1995 The September 11, 1995, Planning Commission Meeting was called to order by Commissioner Vonhof at 7:02 p.m. Present were Commissioners Arnold, Kuykendall, Loftus, Roseth and Vonhof, Intern Commissioner Criego, Planning Director Don Rye, Assistant City Planner Deb Garross, Associate Planner Michael Leek and Recording Secretary Connie Carlson. REVIEW MINUTES OF THE AUGUST 28, 1995 MEETING: Add "a 5 foot variance to permit a side yard setback of 5 feet on the west instead of the required 10 feet" in the heading of Item #5 on page 13. MOTION BY LOFTUS, SECOND BY KUYKENDALL TO APPROVE THE AUGUST 28, 1995 MINUTES AS AMENDED. Vote taken signified ayes by Loftus, Kuykendall, Roseth, Arnold and Vonhof. MOTION CARRIED. ROLL CALL: Arnold Present Roseth Present Lofius Present Vonhof Present Kuykendall Present CONSENT AGENDA: Ron and Kim Anderson Variance Resolution 9526PC. MOTION BY ROSETH, SECOND BY ARNOLD TO APPROVE RESOLUTION 9526PC. Vote taken signified ayes by Roseth, Arnold, Kuykendall, Loftus and Vonhof. MOTION CARRIED. ITEM #1 CONSIDER CONDITIONAL USE PERMIT FOR MIDWEST CABLEVISION? 15577 HIGHWAY 13: Assistant City Planner Deb Garross presented the information in the Staff Report dated September 11, 1995. Synopsis of Report: The Planning Commission initially considered the request on May 22, 1995. The CUP was tabled at that time in order to allow the applicant to resolve MN91195.DOC PAGE 1 various City Code violations which existed on site. All of the Code violations have been resolved by the applicant. The specific proposal is to locate a 20' x 20' fiber optic equipment building on site. A CUP is required in order to locate a public utility building within the R-2, Urban Residential Zoning District. Staff recommended adopting Resolution 95-08PC to approve the CUP allowing construction of the building. Tim Block, Chief Technician and Plant Manager of Midwest Cablevision for the Prior Lake/Savage area explained the required conditional changes made this summer by Midwest. Commissioner Vonhof read a letter from Ron Habekom, President of Norex, Inc. a neighboring property owner. Comments from Commissioners: Arnold: · appreciates changes made by Midwest. · adequate screening required by the City. · supports Resolution as submitted. Roseth: · concurs with comments from Deb Garross that brick buildings are excessive for a building like this, vinyl siding is sufficient. · Norex is a nice building and understands Mr. Habekorn's point of view. · suggested applicant could help with the screening by adding extra shrubs or trees. · adequate time line to complete project. Mr. Block addressed the screening issue and is willing to work something out. He also agrees with Staff's recommendations, suggestions and time line. Loftus: · questioned dish locations. · drove up to side and feels the proposed building is set off from the Norex building. · feels Mr. Habekom's request to brick the building is unreasonable. · it is a plus for Norex to have all the technology next door relate to his computer business. Kuykendall: · absent for the May 22, meeting. · explanation on the existing loading dock on site. MN91195.DOC PAGE 2 T---] Tim Block stated bricking the building is too expensive and therefor he would not be able to afford to build it. The plans have been delayed. The company budgeted money this year for the building and he can not count on money next year. Deb Garross explained Mr. Habekom did not bring up the brick issue at the previous meeting. The City does not require brick, the vinyl siding is appropriate and the building will be adequately screened. Midwest Cablevision already has a CUP. Don Rye said he has never seen a required brick accessory building and there is no compelling reason to require it from a health, safety and welfare standpoint. Kuykendall (continued): · agree with Staff's recommendation. Tim Block stated a person would have to be looking for the building. It will be out of sight. Criego: · applicant has come a long way in making improvements. · the loading dock could still be used and is not completely objectionable. · applicant has a good neighbor and suggests trying to screen with landscape. Robert Pace, General Manager of Midwest Cable informed the Commissioners the loading dock would still be used. It is a safety factor for unloading heavy objects and should be left on the property. Vonhof.' · checked out the site and noticed the improvement with the Code compliance. · the color of the building will be dark tones (per Tim Block) similar to the existing building. · supportive. MOTION BY ARNOLD, SECOND BY ROSETH TO APPROVE RESOLUTION 95- 08PC PER CHANGE IN ITEM #4 DATE CHANGE TO JULY 1, 1996. Vote taken signified ayes by Arnold, Roseth, Kuykendall, Loftus and Vonhof. MOTION CARRIED. ITEM #2 CQN$IDER VARIANCE REQUEST FOR THOMAS BORGER, 3106 FAIRVIEW RD SW, REQUEST FOR A 7 FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 18 FEET INSTEAD OF THE REQUIRED 25 FEET, MN91195.DOC PAGE 3 Associate Planner Michael Leek presented the information in the Staff Report dated September 11, 1995. The applicant proposes to move an existing 2-stall garage. The relocation will result in a structure with 2 stalls on the lower level and 2 stalls on the upper (i.e. street) level. The subject site is in the Shoreland District of Spring Lake. Tom Borger, 3106 Fairview explained the property is a small lot and has been planning on this addition for a long time. The old garage is roughly 28 years old and needs to be replaced. The garage presently sits 6 feet from his neighbor's building. Mr. Borger distributed pictures of the existing garage and property. Comments from the Commissioners: Roseth: · good idea. · 27% impervious surface coverage. Loftus: · no comment. Kuykendall: · no further questions. Arnold: · looks like an improvement. Vonhof: · hardship criteria has been met. · improvement to property. MOTION BY LOFTUS, SECOND BY KUYKENDALL TO APPROVE RESOLUTION 9527PC. Vote taken signified ayes by Lofius, Kuykendall, Arnold, Roseth and Vonhof. MOTION CARRIED. ITEM #3 NOTICE OF HEARING FOR CONDITIONAL SIGN PERMIT TO PERMIT 3 OFF-PREMISES DIRECTIONAL SIGNS FOR MINNESOTA VALLEY COMMUNITY CHURCH, 5995 TIMBER TRAIL. Associate Planner Michael Leek presented the information in the Staff Report dated September 11, 1995. MN91195.DOC PAGE 4 Linda Hahn of Minnesota Valley Community Church (hereinafter the Church) contacted Planning staff several months ago. Access to the Church is from Timber Trail, which in turn is reached from Fish Point Road. The Church has apparently received input indicating that new members and/or guests of the Church have had difficulty in finding the Church. For that reason, the Church wishes to locate 3, off-premises directional signs adjacent to Trunk Highway 13. Two of the signs would be located on the South side of the highway; one would be located on the North side of the highway. Staff has been contacted by the 2 affected property owners, who indicated that they assent to the placement of the signs on their property along Highway 13. Staff recommends denying the application because substantial hardship from lack of reasonable identification as a result of the location has not been demonstrated. Linda Hahn, representing Minnesota Valley Community Church, stated when the church originally purchased the property they were under the impression access would be off Highway 13. After construction began, access was denied and the Church was re-routed through Fish Point Road and Timber Trail. The present sign is in the ditch (on Church property) and hard to read. Permission was granted by property owners to locate the directional signs. The Church is a site for City polling and is also a Red Cross shelter. Comments from Commissioners: Loftus: the problem is a health, safety and welfare issue because of the location offHighway 13. · the existing sign is difficult to see and a new sign would aid the public. 150' from the right-of-way - travel surface is 26 feet. · even if the Church was granted the requested variances the signs would be difficult to see under the setbacks. Kuykendall: · unusual situation with the two additional public uses. · the State could act on a separate sign on the highway. · suggest to table and approach the State Highway Department. · get support from Red Cross and the polling community. · the best signage would be on the highway and should be there from a safety point. Arnold: · signs would have to be affective - problems with visibility with proposal. · Commissioner Kuykendall has a good idea to check with the State first and if that does not work out could support one sign on Fish Point Road. Roseth: · concurs with Commissioners. · would like to see at least one sign. Mlq91195.DOC PAGE 5 · State signs would be closer to the highway and should pursue that option. Criego: · good case for signage with the Church as a Red Cross shelter. · proposal in front of Commission does not solve the problem. · suggest to table and look at other options. Vonhof.' · the real process is to go through the State of Minnesota otherwise the sign will not be effective. · explained a process of contacting the State. · standard State sign would be the way to go. General Discussion: The Highway 13 Task Force may have information that could be helpful; the Church is also used by the public for voting and as a Red Cross shelter; (Leek stated he would help applicant pursue the State for information.) City Engineer should jointly work with applicant. MOTION BY ARNOLD, SECOND BY ROSETH TO TABLE THE MATTER. Vote taken signified ayes by Arnold, Roseth, Loftus, Kuykendall and Vonhof. MOTION CARRIED. A recess was called at 8:36 p.m. The meeting was reconvened at 8:44 p.m. ITEM #4 CONSIDER VARIANCE FOR FAIRVIEW HOSPITAL AND HEALTH CARE SERVICES FOR LOTS 1.2 AND 3. SECOND ADDITION TO WESTBURY PONDS. APPLICANT PROPOSES 3 SIGNS ON THE SUBJECT SITE; A 15 FOOT HIGH 10X7 FOOT. INTERNALLY ILLUMINATED PYLON SIGN; A 5 FOOT HIGH, 2X4 FOOT ENTRANCE SIGN: AND A 5 FOOT HIGH, 1X2 FOOT "DELIVERIES"" SIGN. Associate Planner Michael Leek presented the information in the Staff Report dated September 11, 1995. Fairview's application materials evidence the applicant's belief the proposed signs were approved as part of the Conditional Use Permit for the Clinic itself. While the applicants' misapprehension is understandable, a review of the CUP file reveals the sign plan was not approved. Resolution No. 95-20 approving the CUP makes no mention of the sign report. The February 13, 1995 Staff Report reviewed the original signage plan. Neither the recommendations in this report, or other, related Staff Reports made specific mention of, or recommendations related to signage. Staff does not believe the hardship criteria has been met and recommends the height variance for the directional sign not be granted. However, because staff believes the Sign Ordinance in its present form does not MN91195.DOC PAGE 6 adequately provide for signage for conditionally permitted uses, the Commissioners can direct staff to prepare an amendment to the sign ordinance which addresses the problem of signage for conditionally permitted uses. Ray Piirainen, Assistant Property Director for Fairview Hospital and Healthcare felt the clinic did have a hardship related to the topography. He explained identification is important, the clinic has to be identified in the worst weather conditions, heavy traffic and emergency situations. Mr. Piirainen felt he misunderstood when staff requested signage information with the Conditional Use Permit. In planning for the building Fairview had an idea for signs. The building was put in a certain place on the slope away from the highway with the idea a sign would be near the roadway to direct people to the building. Tom Rud from Thomas Signs was available for questions. Comments from Commissioners: Kuykendall: · concern for sign information with the Conditional Use Permit. · Ray Piirainen explained they were contacted by staff saying they needed a variance and conditional use permit for the signs. · Tom Rud said Fairview assumed the signs were approved with the CUP. · Michael Leek explained the CUP did not address the sign issue. It was not addressed by the Commission because it was not application. · this is the first Conditional Use Permit to fall under the new Sign Ordinance. · earlier Staff report stated the signs did not comply. Arnold: · support staff recommendation - should table. · concern if enlarged, a number of businesses would follow the trend. Don Rye explained the primary problem with the clinic is its location in the R1 zoning district which is more restricted than a commerical district. Possibly rezone to commerical and follow commerical sign standards. Roseth: · concurs. Loftus: · supportive of changing the R1 zoning. Criego: · reservations in changing the ordinance in the R1 district - change the zone not the ordinance. · if the City changes the ordinance the language must be specific. MN91195,DOC PAGE 7 Vonhof: agrees with staff's recommendation. · transitional property on the edge of residential and commercial districts. · amend ordinance and take districts into consideration. Open discussion: time factor to amend ordinance; use temporary signage; a visible sign is needed for traffic safety; suggest to make sign smaller. MOTION BY KUYKENDALL, SECOND BY LOFTUS TO DIRECT STAFF TO PREPARE AN AMENDMENT TO THE SIGN ORDINANCE WHICH ADDRESSES THE PROBLEM OF SIGNAGE FOR CONDITIONALLY PERMITTED USES NOT TO EXCEED 15 FEET IN HEIGHT AND 75 SQUARE FEET IN AREA. Vote taken signified ayes by Kuykendall, Loftus, Arnold, Roseth and Vonhof. MOTION CARRIED. MOTION BY KUYKENDALL, SECOND BY LOFTUS, TO DIRECT STAFF TO INCLUDE SIGN HEIGHT REGULATIONS IN THE ABOVE ORDINANCE. Vote taken signified ayes by Kuykendall, Loftus, Arnold, Roseth and Vonhof. MOTION CARRIED. ITEM #5 CONSIDER CONDITIONAL SIGN PERMIT FOR FAIRVIEW HOSPITAL AND HEALTHCARE SERVICES, LOTS 1, 2 AND 3, SECOND ADDITION TO WESTBURY PONDS. SIGNS FOR USES WHICH ARE CLASSIFIED AS CONDITIONAL BY THE ZONING ORDINANCE ARE SUBJECT TO THE REQUIRES OF THE "SIGNS ACCESSORY TO CONDITIONAL USES" SECTION. MOTION BY ARNOLD, SECOND BY LOFTUS, TO CONTINUE THE CONDITIONAL SIGN PERMIT REQUEST TO THE SEPTEMBER 25, 1995 MEETING. Vote taken signified ayes by Arnold, Loftus, Roseth, Kuykendall and Vonhof. MOTION CARRIED. Fairview Clinic will use a construction sign for identification until the matter is resolved. Other Business: a) Comprehensive Plan and Transportation Discussion - Planning Director Don Rye. The primary discussion was related to access on Highway 13. MNDOT and Scott County MN91195.DOC PAGE 8 have been working together to work out stop light locations. One concem is Highway 13 designated as an arterial road dividing the City. Some of the Commissioners felt the study should have included more information on the transit problems affecting the majority of the City's population, i.e., no reference to traffic generators, school transportation, general road safety. The Commissioners discussed other routes (County Roads 21, 42 and 83) and bypasses around City. There were suggested alternatives with Highway 13 such as changing it to a parkway, which would reduce speed, lower traffic, reduce load limits and give it a different image. The City's budget regarding road construction and maintenance was also discussed. The Commissioners would like to meet with City Council to discuss alternative routes and bypasses in Prior Lake. A meeting to follow up with the Comprehensive Plan was set for Thursday, September 28, at 6:00 p.m. at City Hall. MOTION BY LOFTUS, SECOND BY ARNOLD TO ADJOURN THE MEETING. Vote taken signified ayes by Loftus, Arnold, Kuykendall, Roseth and Vonhof. MOTION CARRIED. The meeting was adjourned at 11:01 p.m. Don Rye Planning Director Connie Carlson Recording Secretary MN91195.DOC PAGE 9