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HomeMy WebLinkAbout02-07-2001 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 7, 2001 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m., February 7, 2001. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Hegland, Johnson, Stevenson, Kaden, Miller and Cerny. Members Absent: None. Also Present: Community Development Director Ericson. ______________________________________________________________________________ Index to Minutes Page Special Planning Case No. SP-082-00 1 Continuation of Sign Code Review Review Planning Commission Bylaws 6 Review Planning Commission Overview 6 Staff Reports/Items of Information 6 Chairperson and Planning Commission Reports 7 _____________________________________________________________________________ 3. Special Planning Case No. SP-082-00 Community Development Director Ericson explained to the Commission he had gone through and looked at the whole code and built upon the draft from November to provide this revision of the sign code. Director Ericson explained there was a table in the staff report that shows what changes were made to the code. Mounds View Planning Commission February 7, 2001 Regular Meeting Page 2 ______________________________________________________________________________ Director Ericson explained staff revised the way banner size is determined based on a 20% ratio of the frontage. There is also a new definition for window signage. Director Ericson asked the Commission how they felt about the proposed structure of the ordinance or any changes made by Staff. Commissioner Johnson questioned whether the real estate signs allowed in B1 was changed to thirty-two (32) square feet. Director Ericson indicated he would make the requested change to the sign ordinance to allow a thirty-two (32) square foot real estate sign. Director Ericson read the wall sign definition and requirements and suggested the section should be re-worded to disallow roof signs unless built as an integral feature of the roof. Chair Stevenson suggested changing building elevation to building face or side in proposed Subd. 4b of Section 1008.09 on Page 21, for clarity purposes. Commissioner Miller asked where in the sign code the use of pennants was covered. Director Ericson indicated it is not but could be. Chair Stevenson asked Staff to research where in the sign code pennants were covered or whether there was something in the code previously that would govern pennants. Commissioner Miller asked if on Page 21 under (e) if only businesses were required to get a permit and not residential. Director Ericson explained commercial, industrial or multi-family residential would need permits and by default, R-1 and R-2 properties would not need a permit. Homeowners are allowed to have freedom of expression signs per Minnesota Statutes and Staff did not want to restrict that. Commissioner Kaden questioned whether flags on private property was an issue the Planning Commission needed to regulate. Director Ericson said the code could exempt governmental or national flags or any type of non- commercial flags. Commissioner Miller said she did not understand subpart 5(b) under window signs. Director Ericson explained the point was meant to be if there is a ground to ceiling window the business would be allowed to have signage no further than four feet off the ground. If a business has a window four (4) feet high and three (3) feet off the ground for a total of seven (7) feet off the ground then the business would be allowed one (1) foot of signage area. The key is to Mounds View Planning Commission February 7, 2001 Regular Meeting Page 3 ______________________________________________________________________________ maintain an area for visibility for public safety concerns. The language in the ordinance allows 25% of the window to be covered provided the four (4) foot requirement is met. Commissioner Johnson stated he had a comment from an individual at a gas station concerning public safety with window signage. This person stated the station left a section of the window available for visibility for the public safety issue. Director Ericson said the code could define what portion of the window would need to be left clear of signs for visibility issues. He stated he would look at other cities’ codes to see how they regulate window signage for public safety issues. Chair Stevenson indicated he felt the Commission had agreed it should regulate the window signs for public safety concerns. Director Ericson indicated on Page 9 under Issuance of Permit Conditions Staff crossed off the language allowing Council to issue special approval for a permit that does not meet the sign code requirements. This section was re-worded to require a variance application for anything not allowed by code. Chair Stevenson requested the section stating a permit will be granted by the Community Development Director be changed to state the Community Development Department. Commissioner Miller asked where Staff obtained the figures on Page 10 Section (H). Director Ericson indicated the figures came out of the current code. Commissioner Miller questioned where signs referring to where a church is located would fall under the code. Director Ericson explained it would fall under directional signs and directional signs are usually located in the right of way. Chair Stevenson pointed out the code does not allow directional signs in R1 and R2 zoning districts. Director Ericson indicated the code could be changed to allow no directional signs on a residential property. Chair Stevenson suggested adding a notation allowing for directional signs in the right of way only in R1 and R2 districts with approval of the appropriate governmental agency. Commissioner Kaden questioned whether allowing directional signs in the public right of way may be a problem because the first five feet of residential property is right of way. Mounds View Planning Commission February 7, 2001 Regular Meeting Page 4 ______________________________________________________________________________ Director Ericson explained there may be more than five feet of right of way on residential property and that any sign in the right of way would need to be approved by the appropriate governmental agency either way. Commissioner Kaden asked if the code could be interpreted to allow for a sign in the right of way in residential districts. Director Ericson stated he did not believe it would be an issue as permission will need to be obtained from the proper governmental agency either way. Director Ericson indicated Council had approved the home-based business ordinance without allowing the four (4) square foot of signage and not allowing signs within five (5) feet of the right of way. Commissioner Miller stated she did not understand Section 1008.09, Subd. 1f, ground signs. Director Ericson agreed that the wording was confusing and indicated he would revise the language. Director Ericson asked how the Planning Commission wanted to address the inflatable sign issue. Commissioner Cerny suggested it might be appropriate to limit height and width. Director Ericson said he would check other cities’ sign codes for information on regulating inflatable signs. Director Ericson questioned whether the Commission was comfortable with the change from “act of God” to “act of nature” in the billboard section on Page 23. It was the consent of the Commission the change to “act of nature” was appropriate. Commissioner Kaden asked Director Ericson to review a sentence on Page 24 subparagraph 4(b) as it seemed to end prematurely. Director Ericson indicated the sentence was incomplete and said he would research the issue and edit the sentence for the next meeting. Director Ericson asked whether the Planning Commission wanted to prohibit flashing signs in areas other than just areas visible from the freeway. The Planning Commission decided to discuss flashing signs at the next meeting. Chair Stevenson indicated that according to the definition of flashing signs the City has flashing signs within the City. Mounds View Planning Commission February 7, 2001 Regular Meeting Page 5 ______________________________________________________________________________ Director Ericson said the Mermaid sign has the capability to flash but he has not seen it flashing. The City Hall sign does flash. Director Ericson explained he had taken out all language on Page 25 spelling out the seven criteria, as he did not feel it was necessary to have the language in that section. Chair Stevenson noted most non-complying signs are located in R4 and R5 districts. Director Ericson indicated the changes being proposed to the ordinance would bring 90% of the signs into compliance. Any sign not allowed by changes to the ordinance would be allowed to continue until destroyed by an act of nature or changed by more than 50% or more. Director Ericson indicated the miscellaneous signage requirements on Page 23 is a newly drafted section and inquired as to whether the Planning Commission was comfortable with the language. He indicated he did not believe this new provision of the code would make any of the covered establishments non-complying. The Planning Commission indicated it was comfortable with the language as drafted by Staff. Director Ericson concluded his presentation with a slide show of various signs throughout the City. ______________________________________________________________________________ 5. Review Planning Commission Bylaws Director Ericson explained the bylaws of the Commission require that the Commission review the bylaws during the first meeting in February. The last revision was last year and there were only minor changes made. Council eliminated the council liaison positions and that is referenced in the bylaws so Staff suggests the language be changed slightly to make it more generic to allow for appointing of a liaison at Council discretion. Commissioner Miller asked if special meetings and emergency special meetings could be separated to clean up the language. The Commission pointed out a few typographical errors in the bylaws and asked that they be cleaned up. Commissioner Miller asked that the new chair, vice chair and community development director be added on the back page of the bylaws. ______________________________________________________________________________ 6. Review Planning Commission Overview Mounds View Planning Commission February 7, 2001 Regular Meeting Page 6 ______________________________________________________________________________ Director Ericson explained this item was a request of Council. Council had requested a one-page handout outlining the responsibilities of the various commissions within the City. Commissioner Miller questioned whether acting on code appeals and reviewing and changing zoning codes as needed should be added to the document. Director Ericson indicated Staff would edit the document as requested and provide copies to the Commission for their records. Commissioner Johnson left the meeting at 8:48 p.m. ______________________________________________________________________________ 7. Staff Reports a. Previous Council Action Director Ericson reported Council had approved Ordinance No. 672, Home Occupations, without the four square foot and right of way provisions. He also reported the Planning Commission may be asked to look at the ordinance again to address issues with the internet and e-commerce that Council feels this redraft did not address. Council also approved the Housing Code Ordinance at the meeting on January 22, 2001. At the last work session Staff brought to Council’s attention the possibility of purchasing 7890 Groveland Road, which is at the intersection of Highway 10 and Groveland and owned by Greg Johnson. There are four properties back to back being marketed together. The City’s Comprehensive Plan denotes a mixed use and the City would like to see redevelopment in that area. Mr. Johnson has an offer to purchase his property and rather than split off from the other three parcels being offered for sale he brought this matter to Staff to determine whether Council would like to purchase the parcel for redevelopment. Director Ericson explained Council had requested Staff order an appraisal of the property. Staff has done so and will make recommendations to Council based on the appraisal. Director Ericson explained he had asked Mr. Johnson to leave the room while Staff was talking about this to guard against any potential conflict of interest issues as was advised by the City Attorney. Director Ericson indicated Council had discussed the golf course feasibility study, Northwest Youth and Family Services, and there was discussion on assessments and street renovation and construction. b. Upcoming Planning Cases Commissioner Johnson returned to the meeting at 8:55 p.m. Mounds View Planning Commission February 7, 2001 Regular Meeting Page 7 ______________________________________________________________________________ Director Ericson explained there is an upcoming planning case involving the expansion of Pinewood Elementary as well as a planning case for an office building at the Silver View Estates location. c. Zoning News Director Ericson explained Staff would continue to provide the Zoning News for informational purposes. Director Ericson noted there is a Sensible Land Use Coalition meeting coming up and handed out a brochure with information concerning the meeting. The City will pay for any Commissioners wishing to attend. Director Ericson indicated he may be attending the meeting and said the meeting is on February 28, 2001 from 11:30 a.m. to 2:00 p.m. in Minnetonka. Director Ericson passed out a copy of Ordinance 672 that was approved by Council. Director Ericson reported Council reaffirmed the Planning Commission’s decision to deny Mr. Wilson’s appeal for a variance for a zero-foot setback for a lean-to structure attached to his garage. Prior to Council actually hearing the appeal Mr. Wilson contacted the City to indicate he would be bringing the structure into compliance with City Code. Council passed a resolution denying the appeal and requiring Mr. Wilson to bring the structure into compliance within thirty (30) days of the date of the resolution. Director Ericson formally welcomed Chair Stevenson and Vice Chair Miller as Council approved the nomination at its last meeting. ______________________________________________________________________________ 8. Chairperson and Planning Commissioners’ Reports There were no reports. ______________________________________________________________________________ 9. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:58 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Mounds View Planning Commission February 7, 2001 Regular Meeting Page 8 ______________________________________________________________________________ Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.