HomeMy WebLinkAbout08-09-10 PC Agenda PacketREGULAR PLANNING COMMISSION AGENDA
MONDAY, AUGUST 9, 2010
City Council Chambers
6:00 p.m.
1. Call Meeting to Order:
2. Approval of Minutes:
A. July 26, 2010
3. Public Hearings:
A. EP 10-110 Shakopee Public Utilities Commission is requesting an Amendment to a
Conditional Use Permit to allow an increase to the tower height and length of the
switchgear buildings for a utility substation in the Agricultural Zoning Use District.
4. Old Business:
5. New Business:
6. Announcements and Correspondence:
Adjournment:
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Planning Commission Meeting Minutes
July 26, 2010
PLANNING COMMISSION MINUTES
MONDAY, JULY 26, 2010
Call to Order:
Chairman Ringstad called the July 26, 2010, Planning Commission meeting to order at 6:00 p.m. Those
present were Commissioners Perez, Billington, Fleming, Howley and Ringstad, Community
Development and Natural Resources Director Danette Parr, Planner Jeff Matzke, City Attorney Suesan
Pace and Development Services Assistant Joe Sortland.
2. Approval of Minutes:
The Minutes from the July 12, 2010, Planning Commission meeting were approved as presented.
3. Public Hearing:
A. ZONING ORDINANCE AMENDMENT TO SECTIONS 1107.400-1107.1700 AND
SECTION 1102.809(5)
CDNR Director Danette Parr presented the proposed amendments to Section 1107.400-1107.100 and
Section 1102.809(5), updates to the City of Prior Lake Sign Ordinance.
Questions by the Commissioners:
Howley asked if the City is protected if a sign is stolen.
Parr answered that if the sign is removed by the City that there are specific parameters, however the
City did not have any responsibility if a private entity removes a sign.
Howley asked if existing sidewalks will affect sandwich board signs in regards to ADA requirements.
Parr answered that there are likely some sidewalks in the City where a sandwich board will not be
possible.
Howley asked, in regards to Community Parks, if it would be more practical to not list the specific parks
and to instead use acover-all description of "Community Parks" instead.
Pace answered that staff intentionally listed the specific parks, and that it could be modified in the
future if more Community Parks are created.
Howley asked if the Wetland Buffer signs are installed with the approval of a regulatory board.
Parr answered that it is the responsibility of the developer to install the sign, and staff will inspect the
sign to ensure it was placed correctly. The City will provide the developer with the approval that is
required to install the Wetland Buffer sign.
Billington asked if the City Council should be responsible for "moral guardianship" in connection with a
sign ordinance.
L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN072610.doc 1
Planning Commission Meeting Minutes
July 26, 2010
Pace answered that they used some of the language from the Public Safety statute, but they can strike
"moral guardianship" if requested.
Billington requested that "and morals" be stricken from the ordinance.
A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO OPEN THE PUBLIC
HEARING.
VOTE: Ayes by Perez, Billington, Fleming, Howley and Ringstad. The motion carried.
The Public Hearing began at 6:35 p.m.
Comments from the Public:
Ted Guth, 14372 Rutgers Street, Prior Lake, presented a slideshow displaying several Prior Lake
and south metro businesses, vacant land and right-of-way with non-conforming signs, excessive signs
and signs that he did not believe were tasteful. The presentation also included pictures of vehicular
signs, snipe signs, monument signs displaying leasing and rental information, and banner signs which
were torn, sagging or in his view excessive. Guth presented pictures of electronic signs which he said
changed too frequently and were not attractive. Guth stated that he does not think vinyl banner and
snipe signs should be permitted, and that rental signs should be limited to a window or monument sign.
In addition, Guth stated that he would like to see wall signs that do not exceed 150 square feet and no
banner signs allowed.
Brian Wolf, 17645 Juniper Path, Suite 135, Lakeville and Trent Johnson, 3877 Island View Circle,
Prior Lake spoke on behalf of Fieldstone Family Homes. Wolf stated that temporary directional signs
have been responsible for 62% of the sales of their homes, equaling approximately sixteen homes in
2010. Wolf stated that the signs have been an asset for their company and the City. Fieldstone Family
Homes is responsible for installing and maintaining their signs. Wolf stated that the enforcement of the
temporary signs has been one-sided.
Johnson stated that he had witnessed his signs being removed while garage sale signs were not
removed by Code Enforcement. He requested that the enforcement of the signs be fair.
Wolf stated that other cities permit off-site temporary directional signs and that the signs for Fieldstone
Family Homes are only installed when the homes are open.
Gary Golay, 3245 Fox Tail Trail NW, Prior Lake, stated that sign ordinance amendment does not
include a provision to allow additional signage for association signage stating that the community is
governed by a Home Owners Association, and requested that a provision be given consideration.
Linda Ringstad, 4627 Parkwood Drive SE, Prior Lake, spoke on behalf of the Prior Lake -Savage
School District. She stated that off-site temporary signs have been important for advertising school
district events. Ringstad stated that she does not believe a fee for temporary signs is appropriate for
non-profits, and that permits for school district and community educational service signage should not
require a fee. Ringstad also stated that the School District has been putting the temporary signs up for
approximately 10 years and they have made a point to not put the signs in residential neighborhoods
and only for a week or two prior to the events.
AI Imholte, 2280 195th Street, Jordan, part-owner of Carlson Ace Hardware, asked if the sign
ordinance included any provisions on back-lit signs.
Parr answered that a provision allowing back-lighting signage has been added to the sign ordinance
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Planning Commission Meeting Minutes
July 26, 2010
Imholte stated that signage is important for the Prior Lake businesses and liked the banner sign
provision that was proposed.
A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO CLOSE THE PUBLIC
HEARING.
VOTE: Ayes by Perez, Billington, Fleming and Ringstad. The motion carried.
The public hearing closed at 7:00 p.m.
Commissioner Comments and Questions:
Fleming stated that fair enforcement of signage is important. Fleming stated that he does not believe
an additional sign indicating that a community is governed by a Home Owners Association is
appropriate. Fleming asked how the $500 fine for a sign violation was determined.
Pace answered that criminal citations do not always work effectively and that the midpoint amount of a
misdemeanor is $500, thus, this was used to determine the amount for a sign violation.
Parr answered that the Fieldstone Family Homes temporary signs were placed in the right-of-way. She
stated that the adjacent garage sale signs had been removed and would be removed consistently in the
future.
Fleming stated that he supports the sign ordinance amendment.
Howley stated that he supports the sign ordinance amendment. Howley asked staff to explain the
process of the sign violation fine.
Pace answered that the owner of the sign would be given notification providing them a set amount of
time to remove the illegal sign, prior to the $500 fine being imposed. If the owner did not comply, the
property would be assessed the $500 at the end of the year.
Howley stated that a separate Homeowners Association would not be appropriate, but rather be
incorporated in the Subdivision Identification sign for that neighborhood/community. Howley also
mentioned that it might be appropriate to not charge for signage that relates to a community event.
Billington stated that he believes enforcement of the signs should be predictable and that he supports
the sign ordinance amendment.
Perez asked staff about new construction sign regulations.
Parr answered that the new construction sign regulations allow for signage in cases of new
subdivisions and new projects, as well as off-premise directional signage for these new developments
for up to 12 months, however, this does not apply to older developments.
Perez asked staff about the school district's request for temporary signage in right-of-way.
Pace answered that state statute regulates what type of signage is allowed in public right-of-way.
Parr stated that the school district informed her that they try to not place signage in the right-of-way.
L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN072610.doc 3
Planning Commission Meeting Minutes
July 26, 2010
Perez stated that he supports the sign ordinance amendment
Ringstad stated that enforcement of signs needs to be consistent and that all signs in the right-of-way
should be removed. Ringstad stated that he supports the sign ordinance amendment.
Parr informed the Planning Commission that there were necessary additional alterations of the draft
that would be made by staff and the City Attorney, such as noting a specific time for electronic signs
that will require ten seconds before the electronic sign can change the image or words, as well as other
minor alterations discussed. Parr also noted that the sunset clause for sandwich boards should also be
applied to banners.
A MOTION WAS MADE BY FLEMING AND SECONDED BY BILLINGTON TO APPROVE THE
ZONING ORDINANCE AMENDMENT TO SECTION 1107.400-1107.1700 and Section 1102.809(5).
VOTE: Ayes by Perez, Billington, Howley, Fleming and Ringstad. The motion carried.
4. Old Business
None.
5. New Business:
None.
6. Announcements and Correspondence:
7. Adjournment:
The meeting adjourned at 7:30p.m.
Joe Sortland, Development Services Assistant
L:\10 FILES\10 PLANNING COMMISSION\10 MINU1'ES\MN072610.doc
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PLANNING REPORT
AGENDA ITEM: 5A
SUBJECT: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO A
CONDITIONAL USE PERMIT FORA UTILITY SUBSTATION IN
THE AGRICULTURAL ZONING DISTRICT
APPLICANT: SPUC {SHAKOPEE PUBLIC UTILITIES COMMISSION)
PRESENTER: JEFF MATZKE, PLANNER
PUBLIC HEARING: X YES NO-NIA
DATE: AUGUST 9, 2010
INTRODUCTION
On November 9, 2009 the Shakopee Public Utility Commission (SPUC) received a Conditional Use Permit (CUP) to
allow for a utility substation on the property located north of County Road 42 and 21 (west of the future Co Rd 21
expansion to the north) on the City boundary shared with the Shakopee Mdewakanton Sioux Community. This site
is zoned A (Agricultural). The property to the west, east, and south are zoned (A) Agricultural.
SPUC is requesting an amendment to the Conditional Use Permit to alter the height of the tower and antenna from
the originally approved height of 62 ft 4 in to 110 ft. to contend with topography issues that interfere with receiving
necessary signals. In addition, the applicant is requesting to increase the length of the switchgear building from 50
feet to 53 feet.
BACKGROUND:
As the demand for electricity has grown, so has the need to locate a utility substation in the vicinity of where it is
proposed as a part of the subject Conditional Use Permit (CUP). The proposal involves locating an electric
substation and the necessary accessory equipment (transmission line structures, high voltage supports, breakers,
switches, power transformers, switchgear buildings, static shield wire support poles, and an antenna pole.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The site is approximately 5.5 acres.
Topographer The current elevations range from 914' MSL at the highest point (knob in the center of the site) to
894'MSL at the lowest point (southwest comer of the site).
Vegetation: There are no existing trees on the site and mast recently was used for agricultural cropland.
Structures: Currently, no structures exist on the site.
Phone952.447.9~00 1 Fax 952.447.4245iwww.cityofpriorlake.com
Zonina: The site area is zoned A (Agricultural)
ANALYSIS
The 200 foot by 256 foot substation pad area will include main structures and equipment (transmission line dead-
end structures, high voltage supports, high voltage breakers and switches, power transformers surrounded by oil-
retention structures, switchgear buildings, static shield wire support poles, and SCADA antenna pole), as is shown
on the attached plans.
The total height of the tallest structures on the site will be approximately 110 feet. The proposed height is in
compliance with the Code requirements (Section 1110.505(3)).
Ultimately, there are two 848 square foot buildings proposed for the site (attached plans); however, only one
support structure and switchgear building will be constructed at this time. The applicant has submitted building
elevations (attached) that will meet the architectural requirements established in Section 1107.2200 of the Zoning
Code. The buildings are proposed to be eleven (11) feet high at their tallest point and the exterior will be
constructed of a brick-like material.
Section 1108.207 of the Zoning Ordinance states that "The Planning Commission may impose reasonable
conditions on any Conditional Use Permit and may, at any time, on its own initiative or upon application by the
property owner, modify the conditions of an existing Conditional Use Permit as changing circumstances warrant. "
The proposed amendment modifications are necessary for the substation to function as an essential service for the
surrounding area.
CONCLUSION
Staff recommends approval of the conditional use permit, subject to the following conditions:
1. The applicant shall receive a building permit prior to construction on the site.
2. All proposed signage will require a sign permit.
3. The applicant must supply a landscaping bid and Letter of Credit (valued at 125% of the projected bid cost)
prior to building permit issuance.
4. The applicant shall record the Conditional Use Permit and signed assent form at Scott County no later than 60
days after Planning Commission approval.
5. Once the properly to the west is developed and an access point extended to the west properly boundary, the
applicant will be responsible for extending a paved primary access point extending from the western properly
boundary to the area enclosed by the fence.
6. All conditions listed in Section 1102.203(3) of the Zoning Ordinance shall be met.
ALTERNATIVES:
1. Recommend approval of the CUP amendment resolution, subject to the above conditions.
2. Table this item to a date specific, and provide direction on the issues that have been discussed.
3. Recommend denial of the request.
RECOMMENDATION:
The staff recommends Alternative #1.
ACTION REQUIRED:
Motion and second to approve the CUP amendment resolution, subject to the listed conditions.
O~ PRIp~
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M~NNES~~P
RESOLUTION 10-01 PC
A RESOLUTION APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW A UTILITY
SUBSTATION IN THE AGRICULTURAL ZONING DISTRICT
MOTION BY: SECOND BY:
WHEREAS, the Planning Commission held a public hearing on November 9, 2009 and approved Resolution 09-05PC
allowing a Conditional Use Permit (CUP) for a utility substation in the "A"Agricultural Use District.
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on August 9, 2010 to consider an
application from Shakopee Public Utilities Cammission (SPUC) for a Conditional Use Permit (CUP)
Amendment to allow for an increase in the tower height to 110 feet and length of the switchgear building to
53 feet at a utility substation in the Agricultural Zoning District. The property is located north of the
intersection of CSAH 42 and CSAH 21, and legally described as follows:
6~ 6 D akota Street SE
Prior L~~ke, NIN 55372
The North 600 feet of the Northeast one-quarter of the Southeast one-quarter, except the UUest 990
feet, of Section 22, Township 115, Range 22, Scott County, Minnesota.
Together with that part of the North 600 feet of the UUest 465 feet of the North one-half of the
Southwest one-quarter, Section 23, Township 115, Range 22, Scott County, Minnesota lying
westerly of Parcel 5, Scott County Right-of-UUay Plat No. 58, Scott County, Minnesota; and
(PID# 25-922-003-3)
WHEREAS, notice of the public hearing on said CUP amendment has been duly published in accordance with
the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in this issue and persons
interested were afforded the opportunity to present their views and objections related to the
proposed CUP amendment; and
WHEREAS, the Planning Commission finds the CUP amendment in harmony with both existing and proposed
development in the area surrounding the project; and
WHEREAS, the Planning Commission find the proposed CUP amendment is compatible with the stated
purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and
further, that the proposed CUP amendment meets the criteria for approval of a CUP amendment as
contained in Section 1108 of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLItED BY THE CITY COUNCIL OF PRIOR LAKE:
Phone952.447.9~00 1 Fax 952.447.4245iwww.cityofpriorlake.com
The recitals set forth above are incorporated herein.
The Planning Commission hereby approves the amended Conditional Use Permit, subject to the following
conditions:
a) The applicant shall receive a building permit prior to construction on the site.
b) All proposed signage will require a sign permit.
c) The applicant must supply a landscaping bid and Letter of Credit (valued at 125% of the projected bid
cost) prior to building permit issuance.
d) The applicant shall record the Conditional Use Permit and signed assent form at Scott County no later
than 60 days after Planning Commission approval.
e) Once the properly to the west is developed and an access point extended to the west properly
boundary, the applicant will be responsible for extending a paved primary access point extending from
the western properly boundary to the area enclosed by the fence.
f) All conditions listed in Section 1102.203(3) of the Zoning Ordinance shall be met.
CONCLUSION
The Planning Commission hereby grants an amended Conditional Use Permit for a utility substation in the
Agricultural (A) Zoning District. The contents of Planning Case File # EP10-110 is hereby entered into and made a
part of the public record and the record of the decision for this case.
Passed and adopted this 9~h day of August, 2010.
Dan Ringstad, Commission Chair
ATTEST:
Danette Parr, Community Development & Natural Resources Director
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SHAKOPEEPUBLICUTILITIESCOMMISSION PROJECT NUMBER:
R.W. Beck PIKE LAKE 115-13.SkV SUBSTATION D7-0Da2z-1D1D7-1aaD
131 Saundersville Rd., Suite 300 OONTROL BUILDING 1 SHEET oF:
Hendersonville, TN 37075
(615) 431-3200 FOUNDATION PLAN DRAWING NUMBER
An SAIL Campeny I ~ O1-10101-004.0
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NOTES:
1. SUBSTATION STRUCTURE LOCATIONS ARE
PRELIMINARY AND ARE SUBJECT TO FINAL
DETAIL DESIGN.
2. SGGTT GOUNTY HIGHWAY DEPARTMENT TG PLAfN
DECIDUOUS TREES IN AREA OUTSIDE OF THE
PERIMETER FENCE OF THE SUBSTATION.
3. ACCESS DRIVE SHALL HAVE CDNf,RETE APRDN
BETWEEN CSAH 21 AND 1HE TRWL. APRON
SHALL MEET SPECIFICATIONS DF PRIOR LAKE
STANDARD PLATE 607.
LEGEND:
® EXISTING TRANSMISSION POLES
~ TECHNY ARBGRNTAE TREES
-X-H-X- PERIMETER FENCE
EDGE OF SPUC PROPERTY
50 0 50 100
I~~~~i~~~~l I I
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DESIGNED SHAKOPEEPUBLICUTLITIESCOMMISSION PRDJECTNUMBER:
s IcF R
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Inc PRELIMINARY LAYOUT OF PROPOSED PIKE LAKE SUBSTATION a~~oo~s~sa2-0~o~
DRAWN .
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1380 Corporate CeI>fer Curve
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AUGUST 4
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NOTES:
1. INITIAL CONSTRUCTION WILL ONLY INCLUDE ONE
SWITCHGEAR BUILDING AND POWER
TRANSFORMER. A SIMILAR SECOND SWITCHGEAR
BUILDING AND POWER TRANSFORMER WILL BE
CONSTRUCTED AT A LATER DATE.
BUILDING EXTERIORWALLS SHALL BE COVERED
WITH BRICKVENEER FINISH THAT EXTENDS FROM
ROOF TO BOTTOM OFBASE I-BEAM. FINISH SHALL
BE CONSTRUCTED OF BRICKWAL SYSTEM
MANUFACTURED BY FULLERTON FINISH SYSTEMS
(91a-246.99961. BRICKCOLORSHALLBEENDIGOTT
AUTUMN SANDS WITH SAND HERITAGE TEXTURE
AND REDDISH BROWN GROUT FLUSH WITH
SURFACE OF BRICK. APPLY SYSTEM IN COMPLETE
ACCORDANCE WITH MANUFACTURER'S
SPECIFICATIONS. PRODUCTSAMPLESANDSHOP
DRAWINGS SHALL BE SUBMITTED AND APPROVED
BY ENGINEER BEFORE MATERIAL IS PURCHASED.
MAKE ACCDMODATIONS IN VENEERTOANCHOR
BUILDING TO FOUNDATION.
UNDER FULL LENGTH OFALL THREE EXTERNAL
DOORWAYS, PROVIDE pND INSTALLA2-INGH
THICK, 12-INCH WIDE 12-GAUGE GALVANIZEO
STEEL GRATED STEP WITH SERRATED SURFACE 8
INCHES BELOW INTERNAL FLOOR LEVEL, WITH
GALVANIZED STEEL CANTILEVER SUPPORT FROM
SWITCHGEARBUILDINGBASE. MCNICHOLSGRIP
STRUT ~rDIAMOND PLANK,12 GA STEEL, 2-INCHES
THICK, CATALOG T52012, ORAPPROVED EQUAL.
SUPPORT DOUBLE ODOR AT BOTH ENDS AND IN
MIDDLE.
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DAIS
REVISION DESCRIPTION
R.W. Beak, Inc.
1390 Corporate C9nter Cure, Ste 305
St Paul, MN 55123
f~1-9949415
AREA COVERAGE
TOTAL AREA
1327 sq ft
BRICK FACADE
1063 sq ft
80.18%CDVERAGE
DOORS
ZBM1 sq ft
19.82%COVERAGE
SHAKOPEE PUBLIC UTILITIES COMMISSK)N
PRpPOSEO PIKE LAKE ~1BSTATION
SWITCHGEAR BUILDING ELEVATIONS
AUGUST 4, 2010
01-00016-20302-D101
SK3.0
~• 5~~'