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HomeMy WebLinkAbout09-05-2001 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 5, 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., September 5, 2001. _______________________________________________________________________ 2. Roll Call Members Present: Commissioners Hegland, Johnson, Zwirn, Miller, Scotch and Chairperson Stevenson. Members Excused: Kaden (excused). Also Present: Community Development Director Ericson and Planner Atkinson. ________________________________________________________________________ Index to Minutes Page Planning Case No. VR01-009 2 Applicant: Neal Zinser/Ernie Gustafson Location: 2525 County Road I Planning Case No. DE01-004 3 Applicant: Clear Channel Outdoor Location: Discussion of Section 1006.06 7 Consideration of Resolution 671-01 8 Staff Reports/Items of Information 10 Chairperson and Planning Commission Reports 10 _______________________________________________________________________ Mounds View Planning Commission September 5, 2001 Regular Meeting Page 2 ________________________________________________________________________ 3. Citizens Requests and Comments on Items Not on the Agenda There were no resident comments on items not on the agenda. ________________________________________________________________________ 4. Planning Case No. VR01-009 Planner Atkinson addressed the Commission and explained the circumstances surrounding the request for the variance. He noted that Staff feels it is important to maintain the 10-foot sideyard setback from the existing house due to the location of the house on the lot. Planner Atkinson also explained that Mr. Zinser has joined Mr. Gustafson in developing the property and noted he was in attendance to answer any questions the Commission may have. Chairperson Stevenson opened the public hearing at 7:03 p.m. Mr. Zinser told the Commission the only change to previously submitted plans was the request for the variance for the 94-foot frontage on County Road I. Commissioner Miller questioned where the garage on Lot 3 would be located. Mr. Zinser indicated he had planned to locate the garage towards the street and it would face Long Lake Road adjacent to County Road I. He then stated he would comply with any request of the Commission concerning the location of the garage. Chairperson Stevenson noted he felt the Resolution should refer to Lot 3 for clarification and reference the drawing for the location of the house on Lot 4. Commissioner Miller inquired as to the purpose of the 100-foot frontage requirement. Planner Atkinson indicated that on corner lots it is better to have the larger frontage due to the two front yards and the 30-foot setback requirement. Commissioner Miller questioned how the Commission could grant a variance when the property has not been officially subdivided. Planner Atkinson indicated that the variance would allow the subdivision to proceed. Commissioner Miller indicated she was still concerned about granting a variance. Community Development Director Ericson suggested adding a stipulation to the Resolution requiring that the variance be subject to the application and approval of a major subdivision for the property. Chairperson Stevenson closed the public hearing at 7:20 p.m. Mounds View Planning Commission September 5, 2001 Regular Meeting Page 3 ________________________________________________________________________ MOTION/SECOND: Hegland/Stevenson. To Approve Resolution 672-01, a Resolution Approving a Variance to Permit a Six-Foot Reduction in the Minimum Lot Width Requirement for a Proposed Lot at 2525 County Road I. Ayes – 6 Nays – 0 Motion carried. ______________________________________________________________________________ 5. Planning Case No. DE01-004 Community Development Director Ericson indicated this is a request for discussion on a potential expansion of the billboard located on city-owned land on the north side of County Highway 10. Community Development Director Ericson explained that Clear Channel Outdoor has a perpetual lease easement on the property granted by the previous owners, Midland Videen. He then indicated Clear Channel Outdoor is proposing to expand the billboard to double the size of the current billboard. He indicated that the billboard would also be upgraded to a masonry or stone type base similar to the Walgreens and Wynnsong Theatre signs. Community Development Director Ericson provided a graphic showing the existing billboard and the Walgreens and Wynnsong Theater signs as an example of possibilities for the new billboard. Community Development Director Ericson indicated that the Sign Code does allow for expansion of the billboard and noted that the billboard is nonconforming due to its location and meets all other requirements. Community Development Director Ericson indicated that the Commission needed to consider the fact that the sign will be there forever and, as such, it may be a good idea to allow the expansion in order to obtain the improvements in appearance for the sign. He then indicated that Clear Channel Outdoor intends to landscape around the sign and may need to obtain a small easement in addition to what it already has. He further indicated that, if Clear Channel Outdoor needs more land, there would be some negotiation as to the terms of the easement and terms of the lease at a future date. Community Development Director Ericson indicated that because the applicant intends to alter a wetland, the proposal must go before Council for approval. Commissioner Hegland questioned why the applicant would need to alter the wetland. Community Development Director Ericson indicated that right now only the pole is in the wetland, but an expansion and design change would put the whole sign in the wetland. He then Mounds View Planning Commission September 5, 2001 Regular Meeting Page 4 ________________________________________________________________________ noted that the improvements to the sign, including the new sign base, will make the sign more appealing. but there will be an impact to the wetland that should be looked at. Chris McCarver of Clear Channel Outdoor thanked Community Development Director Ericson for his accurate portrayal of the wishes of his company in regards to its sign. He then noted that when the company first looked at improving the sign at this location it decided it wanted to improve the aesthetics of the sign. He further stated that his company is interested in enhancing the area by making the sign match the common design theme for the area. Mr. McCarver also indicated that the power pole and overhead power would be eliminated. which should improve the aesthetics of the sign. Mr. McCarver explained that the current displays are the poster type and the new sign will be printed or painted vinyl that looks cleaner and will not “flag” as the older posters had a tendency to do. Mr. McCarver provided pictures of the billboard for the Commission to review. Commissioner Miller asked if the sign would be lit 24 hours per day. Mr. McCarver explained that his company has a practice of turning the lights off at midnight. He then stated that they could leave the sign lit 24 hours per day but said it is not something they have done in the past or plan to do in the future. Chairperson Stevenson suggested the City be certain that the sign is permanent before approving an expansion. He explained that the City has tried to eliminate billboards from that area and he does not want to agree to an expansion if there is a possibility of eliminating the sign. Community Development Director Ericson indicated that the Code allows for the nonconforming sign to remain indefinitely and said the easement makes it a permanent sign. He further indicated that Staff had carefully considered the request to determine if it was good for the City and had determined that, since the sign will be there forever, the City should take the opportunity to improve the look of the sign. Community Development Director Ericson explained that he had spoken to Mr. McCarver earlier in the day and was told that he had intended to provide a color graphic of the proposed sign for the meeting but did not have time due to confusion as to what date the matter was on the Planning Commission agenda. Commissioner Miller questioned whether the City could control what went on the billboard. Community Development Director Ericson indicated what goes on the billboard is up to Clear Channel Outdoor because it owns the sign. Mr. McCarver explained that his company has an internal approval process that determines whether a sign would be objectionable to a reasonable and prudent person. He then indicated Mounds View Planning Commission September 5, 2001 Regular Meeting Page 5 ________________________________________________________________________ that in the past his company has turned away adult entertainment advertising as they feel it would be objectionable and they intend to continue to do so. Commissioner Johnson asked how high the brick face was on the Wynnsong Theater sign. Community Development Director Ericson approximated the height to be four feet. Commissioner Hegland asked if the City is obligated to allow the applicant to expand its sign as it is fairly large already and, if made larger, it will dominate that stretch of County Highway 10. Community Development Director Ericson explained that the sign is nonconforming only in the sense that it is located in the wrong spot. He then indicated that he interprets the code to mean that the City is obligated to allow the sign to be expanded. He further indicated that if, in order to expand, the applicant would need to enlarge its easement the City would not be obligated to agree to that. Commissioner Hegland indicated that he does not feel that the City is obligated to allow the expansion of the sign. Community Development Director Ericson explained that he had discussed the matter with the City Attorney who agreed with Staff’s interpretation of the situation. Commissioner Miller noted this was the only billboard without a sunset clause. Community Development Director Ericson noted that may be true but said it could be a topic of discussion if the City allows for the use of its land to expand the sign. He further stated that he does not think the applicant would be in favor of a sunset clause but said the matter could be addressed. Commissioner Hegland questioned whether the City had discussed making the sign smaller with the applicant. Community Development Director Ericson indicated that he and the applicant had discussed, at length, the size of the sign and have determined that there are standard sizes to billboards and the requested sign is the next size up from the size of the existing billboard. Mr. McCarver explained that there are a couple of different standard sizes and the next size up from the one requested is 20 x 60, which his company felt was too large for the area. Chairperson Stevenson asked how the size of the billboard would compare to the proposed golf course signs. Mr. McCarver indicated that the proposed billboard would be the same as what is proposed for the golf course. He then noted that his company is not increasing the height of the sign just the width of the sign. Mounds View Planning Commission September 5, 2001 Regular Meeting Page 6 ________________________________________________________________________ Commissioner Miller questioned who received the income from the billboard. Mr. McCarver clarified that Clear Channel Outdoor receives the income because it owns the billboard. Commissioner Scotch asked how the lighting would be affixed to the billboard. Mr. McCarver indicated that the light fixture would be attached to the catwalk and would shine upward on the sign. Mr. McCarver noted that his company is one of the larger companies in the Twin Cities area and it struggles with taking too much liberty with existing easements and ordinances. He then said if the sign were in a different location perhaps the company would need to max out the size of the sign but not in this location. Mr. McCarver commented that this type of sign is an extremely new concept for the area and said his company is attempting to fit more into the look and feel of the community. He also said his company would like to become more of a partner with the City. Commissioner Miller inquired as to the status of the golf course billboards. Mr. McCarver indicated he knew the matter was under review by an administrative law judge and the Commissioner of Transportation and he had heard that the Commissioner of Transportation had recently denied the permit request. He then noted he is not an attorney and, therefore, not able to explain exactly what is happening with the situation. Commissioner Zwirn asked if there were plans for continued maintenance for the plantings around the sign. Mr. McCarver indicated that his company has a crew dedicated all summer long to maintaining a number of properties the company owns. He then indicated that part of the agreement would be for the company to maintain the landscaping, do grass cutting and keep the property looking neat and orderly. Commissioner Zwirn indicated the appearance of the brick frontage must also be maintained. Mr. McCarver indicated he could work out an agreement with Community Development Director Ericson concerning maintenance of the property. Commissioner Scotch indicated that if the City did not allow the expansion and upgrade of the billboard the company could potentially have a side by side sign in that location with four advertisements on the sign rather than two. Mr. McCarver indicated that the upgraded billboard would be one display per side and would be changed out approximately every 60 days. Mounds View Planning Commission September 5, 2001 Regular Meeting Page 7 ________________________________________________________________________ Commissioner Hegland inquired as to what the company’s policy was on graffiti. Mr. McCarver indicated that the company would take care of graffiti immediately as his company is obligated to reimburse its client for the amount of time the graffiti remains on the sign. He then explained that this is something the company wants to avoid so there are full time people on staff to immediately deal with graffiti should it occur. Chairperson Stevenson asked if Red McCombs is a major player in Clear Channel Outdoor. Mr. McCarver indicated that Red McCombs is the second largest shareholder in the company. Commissioner Johnson asked how the billboard fits into the Highway 10 corridor theme. Community Development Director Ericson indicated that it is too early to know what theme will be used for the Highway 10 corridor. He then noted that there would be a Highway 10 Steering Committee Meeting on October 10, 2001 and a public open house to discuss the project on October 15, 2001. Commissioner Johnson questioned whether the City could use the brick face of the sign base for community signage, i.e., “Welcome to Mounds View.” Mr. McCarver indicated the company would consider allowing the City to use the brick face of the sign base. Community Development Director Ericson indicated he would draft a Resolution for approval at the next meeting. Commissioner Hegland requested that Mr. McCarver bring drawings of the proposed sign to the next meeting that show the same views as the pictures provided at this meeting. Mr. McCarver indicated he would ask representatives at his company to do so. ______________________________________________________________________________ 6. Discussion and review of Section 1006.06 of the Mounds View City Code pertaining to development controls. Community Development Director Ericson explained that Staff is bringing this matter before the Commission because it feels distressed at the potential implications for what this chapter of the Code means. He then indicated that the issue is at what point the development contract is required. He further indicated that Subd. 4 could mean that for every building permit issued there would need to be a development contract and that concerns Staff. Community Development Director Ericson indicated there is an issue as to what would require development review. He then indicated that presently any expansion of a commercial or Mounds View Planning Commission September 5, 2001 Regular Meeting Page 8 ________________________________________________________________________ industrial property or any subdivision of more than 2 lots, except a development where public utilities were previously installed would require review by the Planning Commission and Council. He further indicated that since there are currently two major subdivisions in process he felt this would be a good time to review this chapter of the code. Commissioner Johnson indicated he felt that the development should go through the review process but not each individual lot. Commissioner Hegland agreed that the review process should be for the subdivision not the individual lots within the development. Chairperson Stevenson inquired as to how the Code has been interpreted in the past. Community Development Director Ericson indicated he is not sure how the Code was interpreted in the past because this is the first major subdivision since he has been working for the City. Commissioner Hegland indicated he felt the intent of the Code is to review the subdivision not the individual buildings. Chairperson Stevenson suggested researching other cities to see what they do for development review. Community Development Director Ericson commented that anything that has the potential to impact the surrounding area would need to be reviewed. He then stated he would research the matter and bring it back before the Commission for review. ______________________________________________________________________________ 7. Consideration of a Resolution removing Travis Cerny from the Planning Commission due to non-attendance. Community Development Director Ericson explained that this Resolution is before the Commission as a housekeeping matter to finalize the vacation of Travis Cerny’s position on the Planning Commission. He further explained that Mr. Cerny had not attended a meeting since May 2, 2001. MOTION/SECOND: Stevenson/Johnson. To Approve Resolution 671-01, a Resolution Removing Travis Cerny from the Planning Commission. Ayes – 6 Nays – 0 Motion carried. _____________________________________________________________________________ 8. Staff Reports a. Previous Council Action Mounds View Planning Commission September 5, 2001 Regular Meeting Page 9 ________________________________________________________________________ Community Development Director Ericson reported on actions and discussions that had taken place at the Council’s meeting on September 4th and August 27th, including the proposed sale of 2625 County Highway 10 to the Mounds View Animal Hospital, approval of the Mermaid preliminary plat and the approval of the CUP and development review for the Mounds View Animal Hospital. b. Brian Kaden Community Development Director Ericson indicated that Mr. Kaden had originally sent a letter to the Commission indicating he would like to resign but since then Staff has talked to him and he has rescinded his resignation and requested a leave of absence. He then noted that Mr. Kaden is still very interested in serving on the Commission but is unable to attend meetings through the end of the year. MOTION/SECOND: Miller/Hegland. To Grant a Leave of Absence from the Planning Commission Through December 31, 2001, to Brian Kaden. Ayes – 6 Nays – 0 Motion carried. b. Other issues Community Development Director Ericson reiterated that he had received word that the Commissioner of Transportation had denied the permit request for the billboards at the golf course. The next step would be left to the City Council. Director Ericson also reported that the City closed on the property located at 2091 Hillview and will make plans to assess the property to determine what would be needed to bring the property into compliance with City Code. He further indicated that it may be feasible for the City to make the repairs itself and place the property back on the market. If not, the property will be offered for sale as is with the stipulation that all repairs must be made. Director Ericson reported that Aaron Parrish had taken a position with the City of Arden Hills as its Planner, leaving a vacancy for his position. He then noted the City would be running an advertisement for the position in Sunday’s paper. Finally, Community Development Director Ericson welcomed back Joan Lenzmeier, the City’s recording secretary, from her leave of absence. 9. Chairperson and Planning Commissioners’ Reports None. ______________________________________________________________________________ 10. Next Planning Commission Meeting: September 19, 2001 ______________________________________________________________________________ Mounds View Planning Commission September 5, 2001 Regular Meeting Page 10 ________________________________________________________________________ 11. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 8:35 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.