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HomeMy WebLinkAbout04-11-2013 Planning Commission Meeting Packet - Cancelled CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA THURSDAY, APRIL 11, 2013 7:00 P.M. I. Call to Order II. Approval of Agenda III. Approve February 14, 2013 Planning Commission Minutes (1) IV. Department / Commission Liaison / Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. VI. Public Hearings A. Zoning Ordinance 401: Consider amendments allowing pennants as an allowable sign type under the special events provisions of the Zoning Ordinance found in section 401.15.G.8. (2) VII. New Business VIII. Old Business IX. Informational A. Upcoming Meetings: • Tuesday, April 23, 2013 City Council 7:00 p.m. /City Hall • Tuesday, May 14, 2013 City Council 7:00 p.m. /City Hall • Thursday, May 16, 2013 Planning Commission 7:00 p.m. /City Hall • Tuesday, May 28, 2013 City Council 7:00 p.m. /City Hall B. Council Representative • Tuesday, April 23, 2013 — Commissioner LeRoux • Tuesday, May 28, 2013 — Commissioner Nelson • Tuesday, June 25, 2013 — Commissioner Thurmes X. Adjourn. r.rt..OSURE 1 CITY OF OAK PARK HEIGHTS t.:' PLANNING COMMISSION MEETING MINUTES Thursday, February 14, 2013 — Oak Park Heights City Hall Call to Order: Chair Bye called the meeting to order at 6:30 p.m. Present: Commissioners Anthony, Bye, and Thurmes; City Administrator Johnson, City Planner Richards and Commission Liaison Runk. Absent: Commissioners LeRoux and Nelson. II. Approval of Agenda: Commissioner Thurmes, seconded by Commissioner Anthony, moved to approve the Agenda as presented. Carried 3 - 0. III. Adjourn to Work Session — Planning Commission Vacancy Interviews: Chair Bye adjourned to the work session. IV. Reconvene Regular Meeting: Chair Bye reconvene the regular meeting. A. Commission Appointment Recommendation: Discuss and make recommendation for appointment to Planning Commission vacancy. Chair Bye noted that a work session had been held for continued interview of Planning Commission applicants Jim Kremer and Guy Sederski for one Commission opening in June. Commissioner Anthony, seconded by Commissioner Thurmes, moved to recommend City Council appointment of Jim Kremer to the Planning Commission, with a term to commence in June. Carried 3 - 0. V. Approval of December January 10, 2013 Meeting Minutes: Commissioner Thurmes, seconded by Commissioner Anthony, moved to approve the minutes as presented. Carried 3 - 0. VI. Department/Commission Liaison / Other Reports: None VII. Visitors /Public Comment: None. VIII. Public Hearings: A. Fury Motors (Leonard Investments): Consider amendments to Interim Use Permit to allow an additional freestanding 24 -foot sign at the building entry with one sign and a total of six signs, including the one proposed to the freestanding sign at Fury Motors, located at 14702 60 St. N. Planning Commission Minutes February 14, 2013 Page 2 of 5 City Planner Richards reviewed the February 6, 2013 planning report regarding the request for additional signage related to the addition of Chrysler, Dodge, and Ram to the Jeep line at the site. Chair Bye invited the applicant to address the Commission. Matt Floerke, Fury Sales Manager introduced himself Mr. Floerke indicated that he had no issue with the planning report and responded to questions from the Commission related to the proposed height of the Chrysler Arch freestanding sign, the process of dealership signage packaging, potential use of the arch sign at the time they rebuild on the site, and what comparable signage is at their other locations. Chair Bye opened the hearing for public comment. Commission discussion ensued as to the arch sign as an architectural element, the height of sign, and illumination as part of its composition. There being no comment from the audience, the public hearing was closed. Commissioner Thurmes, seconded by Commissioner Anthony, moved to recommend the City Council approve the request for additional signage subject to the conditions as noted within the February 6, 2013 planning report, specifically: 1. The Interim Use allowances for signage shall be limited to three years from the date of City Council approval of the Interim Use Permit for the dealership (October 23, 2012). The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The plan for the freestanding sign at the front entrance shall be revised so that the structure is no more than 20 feet in height. Based upon the requirements of Chrysler Group, the City Council shall determine whether the sign needs to be 24 feet in height. 4. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. Carried 3 — 0. B. Zoning Ordinance 401: Consider amendments allowing animal daycare, limited overnight care & associated services as an accessory use in Zoning Districts B -2, B -4 and those areas zoned Commercial Planned Unit Development (PUD). Planning Commission Minutes February 14, 2013 Page 3 of 5 City Planner Richards reviewed the February 6, 2013 planning report related to allowing animal daycare, limited overnight care & associated services as an accessory use in zoning districts B -2, B -4, and those zoned commercial planned unit development (PUD). Brief discussion ensued as to whether there were any other businesses in Oak Park Heights that the ordinance amendment would apply to, why overnight stays were limited to seven consecutive nights, and how compliance would be monitored. Chair Bye opened the hearing for public comment. Dan Lodge of Paws and Claws introduced himself as the owner of the business operation and noted that it is his hope to relocate his existing Stillwater business to the Oak Park Heights location that affords him more space and better visibility. Mr. Lodge also operates a Paws and Claws in Hudson and has operated there for the past eight years. Mr. Lodge discussed the business operation, where the guests are exercised in the indoor open area of the business. The site is always staff monitored and guests are never left unattended. At any time staff brings a guest outdoors, they are leashed. Mr. Lodge addressed questions from the Commission as to overnight stay durations, guest accommodations and such. City Administrator Johnson clarified that Mr. Lodge approached the City regarding relocation of his business and that the City Ordinances did not provide direction to follow an approval process. After discussion with Mr. Lodge, staff determined that such use should be discussed as a potential use for Mr. Lodge as well as other potential business operations in the future. The proposed amendment is to serve as a vehicle for consideration of Mr. Lodge's request and for those of potential future business operations of other applicants. There being no other visitors to the public hearing, Chair Bye closed the hearing. Continued Commission discussion ensued as to the possibility of an outside fenced area, leashing of guest, reasonable stay durations and the proposed ordinance amendment language. Commissioner Anthony, seconded by Commissioner Thurmes, moved to recommend the City Council approve amendments allowing animal daycare, limited overnight care & associated services as an accessory use in Zoning Districts B -2, B -4 and those areas zoned Commercial Planned Unit Development (PUD) as outlined in the February 6, 2013 Planning Report, with changes to 401.30.D and 401.301.D section 4 a, c, and f, which sections shall specifically read as follows: Planning Commission Minutes February 14, 2013 Page 4 of 5 4. a. Overnight boarding of an animal shall be limited to no more than fourteen consecutive nights. c. Facilities on a site shall not be open to the public between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. f. Animals shall be leashed at all times they are outside of the building. Carried 3 — O. IX. New Business: A. Redevelopment Planning —12969 60 St. N. Options. Joe Boone of The Excelsior Group visited with the Planning Commission and discussed some of the work they have attended to at the former Hecker Automotive building to get it up and running. Mr. Boone shared conversation with the Commission as to potential tenant uses for the site, including but not limited to retail and/or fitness use. Mr. Boone noted that market feedback for retail use as the site has been good and that they plan to use as much of the existing building as possible, adding that it's large square footage and ceiling heights create potential for use opportunities. The Commission did share their thoughts as to uses that create opportunity for all age groups in Oak Park Heights and surrounding community. When asked if there were any concerns with the zoning ordinance related to the site and their planning, Mr. Boone indicated that there were no present concerns. B. Vice Chair: Nominate and elect Vice Chair to fulfill outgoing Vice -Chair term to commence January, 2013 and culminate March, 2014. Commissioner Thurmes, seconded by Chair Bye, moved to nominate Commissioner Robin Anthony as Vice Chair with a term commencing immediately and culminating March 31, 2014. Carried 3 — 0. X. Old Business: None. Planning Commission Minutes February 14, 2013 Page5of5 XI. Informational: A. Upcoming Meetings: • Tuesday, February 26, 2013 City Council 7:00 p.m. /City Hall • Tuesday, March 5, 2013 City Council 7:00 p.m. /City Hall • Thursday, March 14, 2013 Planning Commission 7:00 p.m. /City Hall • Tuesday, March 26, 2013 City Council 7:00 p.m. /City Hall B. Council Representative • Tuesday, February 26, 2013 — Commissioner Anthony • Tuesday, March 26, 2013 — Commissioner Bye • Tuesday, April 23, 2013 — Commissioner LeRoux XII. Adjourn: Commissioner Anthony, seconded by Commissioner Thurmes, moved to adjourn the meeting at 8:00 p.m. Carried 3— 0. Respectfully submitted, Julie Hultman Planning & Code Enforcement Approved by the Planning Commission: TPC 3601 Thurston Avenue N, Suite 100 2 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 3, 2013 RE: Oak Park Heights — Pennant Signs — Public Hearing to Consider as Special Events Signage TPC FILE: 236.01 — 13.04 BACKGROUND At their February 26, 2013 and March 26, 2013 meetings, the City Council discussed allowing pennants as an allowable sign type under the Special Events provisions of the Zoning Ordinance found in Section 401.15.G.8. Currently, pennants are not allowed as a permanent sign or as a temporary sign for Special Events. The City Council asked Staff to review the Sign Ordinance and consider adding this type of sign to the allowable temporary signs for Special Events. The City Council also asked the Planning Commission to hold a public hearing on this issue. A public hearing has been scheduled for the April 11, 2013 meeting. The Zoning Ordinance defines pennants as follows: Pennants: Flexible material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually triangular shaped and in a series, designated to move in the wind. The Special Events provisions already allow bannerettes which is a sign similar to pennants. The Zoning Ordinance defines bannerettes as follows: Bannerette: Flexible material that resembles a flag, and has minimum dimensions of two (2) feet by two (2) feet and no larger than three (3) feet by five (5) feet. A smaller sized bannerette is defined as a pennant. The Planning Commission should discuss whether pennants are to be included in the provisions for Special Events. Staff does not see a significant difference between If pennants and bannerettes and would not have an issue allowing them as a temporary sign for a Special Event. Staff would not support allowing pennants as permanent allowable signage. The draft changes to the Special Events section of the sign regulations is found in Exhibit 1. EXHIBITS Exhibit 1: Section 401.15.G.8 Special Events, Sign Regulations of the Zoning Ordinance with Amendments Exhibit 2: Draft Planning Commission Resolution CONCLUSION /RECOMMENDATION The Planning Commission should review the draft language and the resolution related to whether pennants should be considered in the provisions for Special Events. The public hearing should be opened and comments taken from interested parties. 2 EXHIBIT 1 Section 401.15.G Signs 401.15.G.8. SPECIAL EVENTS. a. Sign Permit Required. No special event shall be held without first obtaining a sign permit. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts (except for the areas within the Destination Retail Highway District as indicated in Section 401.15.G.8.c), shall be allowed five (5) special events per calendar year. The total number of special event days in a calendar year shall not exceed fifty (50) days for any applicant, business, or public and institutional use. Once the time period has expired for a special event the applicant shall wait the same number of days that the sign permit was issued to start a new special event. c. Events in the Destination Retail Highway District. The business or applicant in the Destination Retail Highway District shall be allowed twelve (12) sales events per calendar year. The total number of special event days in a calendar year shall not exceed one hundred eighty (180) days for any applicant, business, or public and institutional use. Once the time period has expired for a special event, the applicant shall wait two (2) days before starting a new sales event. All other special event requirements, as found in Section 401.15.g.8 of this Ordinance, shall be adhered to within the Destination Retail Highway District. d. Permitted Signs and Displays. The signs and displays described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages.15 -64 c) Helium balloons shall be refilled daily. 2) Tents. a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permittee's property and shall comply with the City's setback requirements for accessory buildings. 3) Bannerettes and Pennants. a) Bannerettes and pennants may be attached to standards, poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two pennants may be attached to any standard, pole or object. c) No more than one (1) bannerette shall be allowed per standard pole, or object. d) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 4) Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed, except for the areas within the Destination Retail Highway District in which no more than five (5) banners shall be allowed at any one time. c) Individual banners shall not be larger than twenty -eight (28) square feet and the total of all the banners on the site shall not exceed one hundred forty (140) square feet. The applicant may choose to do fewer banners that may exceed twenty -eight (28) square feet as long as the total size of the banners does not exceed one hundred forty (140) square feet.. 5) Search lights. a) Search lights as regulated in Section 401.15.B.7.g.1) of this Ordinance. e. Prohibited Signs and Displays for Special Events. The signs or displays described below are prohibited for special events: 1) Animated signs, light bulb strings, pennants, portable signs, ribbons, and streamers.15 -65 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 2 4) Large balloons or collections of small balloons exceeding two (2) feet j in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any sign or display in the public right -of -way. 7) Air inflatable devices. f. Sign Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible property owner or organization shall submit a completed application for a sign permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. Only after the City issues the sign permit, may a business display the special event signs and decorations. g. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. 2) Special event signs and decorations not removed by the last day of the special event. 3 EXHIBIT 2 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO ALLOW PENNANTS AS AN ALLOWABLE SIGN TYPE UNDER THE SPECIAL EVENTS PROVISIONS OF SECTION 401.15.G.8 OF THE ZONING ORDINANCE WHEREAS, City Staff requested that the Planning Commission consider an Ordinance amendment to allow pennants as an allowable sign type under the Special Events provisions of Section 401.15.G.8 of the Zoning Ordinance, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The Planning Commission has reviewed the sign regulations of the Zoning Ordinance and determined that including pennants as an allowable sign type under the Special Events provisions of Section 401.15.G.8 of the Zoning Ordinance is justified; and 2. The Special Events provisions already allow bannerettes which is a sign similar to pennants. There is not a significant difference between pennants and bannerettes and City Staff would not have an issue with allowing them as a special event or temporary sign. 3. City Staff prepared draft Zoning Ordinance amendments which were reviewed and revised by the Planning Commission; and 4. The Planning Commission held a public hearing at their April 11, 2013 meeting, took comments from the public and recommended amendments to the Zoning Ordinance as found as follows; and 5. Section 401.15.G.8.d.3) Bannerettes and Pennants, is recommended to be amended to read as follows: 3) Bannerettes and Pennants. a) Bannerettes and pennants may be attached to standards, poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two pennants may be attached to any standard, pole or object. c) No more than one (1) bannerette shall be allowed per standard pole, or object. d) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. 6. Section 401.15.G.8.e.1), Prohibited Signs and Displays for Special Events is recommended to be amended to read as follows: 1) Animated signs, light bulb strings, portable signs, ribbons, and streamers. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning Ordinance is amended to allow pennants as an allowable sign type under the Special Events provisions of Section 401.15.G.8 of the Zoning Ordinance; and B. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 11 day of April, 2013. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 2