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HomeMy WebLinkAboutPCMin_93Apr26MINUTES REGULAR PLANNING COMMISSION MEETING April 26, 1993 7:30 p.m. PRESENT ABSENT ALSO PRESENT Lee Barry Kay Andrews Susan Hoyt, Administrator/Planner Steve Huso Len Boche Paul Kuettel Lisa Lampe Ken Salzberg Meeting was called to order at 7:35 p.m. by Lee Barry, Chair Minutes of the March 22, 1993 meeting were unanimously approved as published. PUBLIC HEARING ON THE PROPOSED DELETION OF §9-2.15{304}(e) OF THE ZONING CODE RELATING TO BUILDING PERMIT FEES. Public Hearing opened at 7:40. There being no one in attendance wishing to be heard, the public hearing was closed at 7:41. After a brief discussion by the commission, Salzberg moved to recommend deleting §9-2.15{304}(e) of the zoning code because it • no longer accurately reflects how the building official is paid. This section reads: 304(e). Allocation of Building Permit Fees. The Building Inspector shall be paid as his fee for services rendered 35 percent of any plan checking fee. the Fire Department shall be reimbursed for all actual time involved with plan checking not to exceed 25 percent of any plan checking fee. any portion of the 25 percent not expended by the Fire Department shall be credited to the Fire Department Capital Improvement Fund. The remaining portion of the permit/plan check fees shall be retained by the city. Kuettel seconded the motion and it passed unanimously. PUBLIC HEARING ON PROPOSED CHANGES TO §9-13.03{11} OF THE ZONING CODE RELATING TO "DISPLAYS NOT CONSTITUTING SIGNS' Public Meeting opened at 7:44. There being no one in attendance wishing to be heard, the public hearing was closed at 7:45. The commission discussed the code section on 'displays not constituting signs'. They agreed these displays should be more carefully regulated not only to have better control over this type of advertising but also to avoid problems of brownouts • during fair time. Hoyt mentioned how two years ago a rooftop balloon collapsed, landed on wires, and started a fire behind PC Minutes • 4/26/93 page 2 Bullseye which put out the traffic lights and caused the city to incur the cost of substantial emergency vehicle assistance. This section presently reads: 9-13.03{11} Displays not constituting signs. Animal displays, pieces of sculpture, fountains, aerial searchlights or other displays or feature which direct attention to an object, product, place, activity, person, institution, organization or business yet not defined herein as such or commonly considered a sign, shall comply requirement of §9-13.03. Proposed code change in this section recommended by staff reads: 9-13.03{11} Displays not constituting signs. Banners, pennants, whirling devices, balloons, animal displays, lights, or other displays or features which direct attention to an object, product, place, activity, person, institution, business are not permitted in any zone except in a business zone for business grand . openings or special civic events. One 'display not constituting a sign' may be granted to a specific business or shopping center for these events. No more than one 'display not constituting a sign' may be granted for a shopping center or building at one time. On such occasions, a temporary sign permit for up to five consecutive days may be issued by the city. Kuettel moved to adopt the proposed section with the word, ::... `::::.~~~t'~~ put back into the code so the fifth line of the f~irst~~~~sentence would read, ". person, institution, or a business are not permitted in any The motion seconded by Huso and was passed unanimously. UPDATE ON THE COMMERCIAL ZONING STUDY AND THE CURRENT DEVELOPMENT MORATORIUM ON THE CITY'S COMMERCIAL ZONES Administrator Hoyt told the commissioners that on March 24 the council adopted a development moratorium on the commercial zones in the city. She said that this restricts any new business that is not listed as a permitted use in the zoning code from getting a license. (There is a hardship variance procedure.) When a business applies for a business license, they will be asked to provide a written statement explaining their business. The • administrator and attorney review it to define if it is a listed permitted use in the code and whether a license should be PC Minutes 4/26/93 page 3 granted. Hoyt explained the moratorium is to protect the integrity of the zoning code study by avoiding approval of any business that might not conform to the outcome of the study. There are two alternatives to approach the zoning study to handle cases that may require more study and/or have secondary impacts. The first is to continue the zoning study, get the changes done, completed, and adopted within the next three months without any particular way of handling uses like adult uses, pawn shops, secondhand dealers, saunas and shops that sell guns. However, if the city was taken to court because it did not permit one of these uses, there would be a large fee. The second alternative is having two timetables for the commercial zoning study. Taking the zoning study with uses that don't have secondary impacts, adopt them, and end the moratorium. At the same time that the city is doing this, some uses that may have secondary impacts on neighborhoods and on the adjacent business districts may be identified and studied to determine the best way to handle these uses. This is because virtually all of Falcon Height's businesses are within 300' of residential property. i Commissioner Barry suggested it would be reasonable to require any business with a secondary impact be 500' away from residential property. Hoyt replied that the attorney said adult uses probably must be accommodated. A secondary impact study needs to be done to determine where to accommodate them. It also would give some really good reasons for saying it just won't work in our community. A discussion followed as to whether or not it is really necessary to spend alot of money for this study or to leave the current ordinance as it is and deal with businesses with possible secondary impacts when they apply for a license. Commissioner Salzberg moved to recommend to the council that it go ahead with the study. Seconded by Huso. Barry approved the motion with Kuettel abstaining. Meeting adjourned at 8:40. Susan Hoyt, Administrator/Planner • Dee Swenson, Recording Secretary