Loading...
PL 03/05/2008 - 30939R PLANNING COMMISSION MEETING March 5, 2008 Chairperson Savage called the Planning Commission Meeting to order at 7:29 p.m. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Dean Saba, Diane Savage, Brad Sielaff, Jack Velin, and Leroy Oquist David Kondrick and Brad Dunham Stacy Stromberg, City Planner Pat Lawrance, Signcrafter's Duane Downey, Amtech Lighting APPROVAL OF PLANNING COMMISSION MEETING MINUTES: February 20, 20008 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a 5pecial Use Permit, SP #08-04 by Amtech Lighting on behalf of Holiday Gas Station, to allow an electronic message sign to be incorporated into the ezisting freestanding sign, generally located at 5695 Hackman Avenue NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:32 P.M. Stacy Stromberg, City Planner, stated the petitioner is requesting a special use permit to allow an electronic reader board to replace the existing numeral reader board on an existing pylon sign at the Holiday Gas Station located at 5695 Hackman Avenue. A freestanding sign already exists on the subject property. In 2006 the property received a special use permit approval to allow an L.E.D gas pricing sign. At this time the petitioner is seeking to change out the existing 21.5 squaze foot manual reader boazd sign with the same size electronic reader board sign. 1 Ms. Stromberg stated the subject property is located on Hackman Avenue, just east of Highway 65 and is zoned C-2 General Business. The property has been used as a service station since the 1950's, and in 1975 the property was rezoned from C-1 Local Business to C-2 General Business. In 1999 a special use permit was issued to allow the motor vehicle fuel sta.tion store and, as a result, the existing Holiday sta.tion was constructed. Four fueling sta.tions covered by a canopy were also constructed on this site, and a sign permit was also issued for the existing pylon sign in 1999. Ms. Stromberg stated electronic changeable signs are an approved special use in any zoning district except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning districts in which the property is located. The property is zoned C-2 General Business which requires a freestanding sign cannot exceed 80 square feet in size. The total sign area of the existing sign is 78 squaze feet and the proposed electronic piece is 21.5 square feet. After replacing the old sign with the new sign, there will be 44 square feet of electronic sign area that will exist on this sign. Ms. Stromberg stated after further review of the existing sign, it appears that it is deficient in meeting two code requirements related to freestanding signage on commercial properties. City Code requires that all freestanding signs be 10 feet from a property line or driveway. 'The existing sign is 10 feet from the west property line; however, it is only 2 feet from the driveway coming into the lot. City Code also requires a minimum of 10 feet from the bottom of the sign to the finished ground grade when the sign is within 25 feet from a driveway or a corner vision safety zone. As a result of these findings, it will be necessary to stipulate that the sign is either moved to be 10 feet from the driveway or a variance shall be obtained. It is also necessary to stipulate that either the height of the sign is increased or the size of the proposed electronic reader board sign be reduced so the distance between the ground and the bottom of the sign is 10 feet. In no case shall the sign exceed the maximum code reyuired height of 25 feet. Ms. Stromberg sta.ted City staff recommends approval of this special use permit as electronic changeable signs aze an approved special use in a commercial zoning district. If the special use permit is approved, it will repeal and replace Special Use Permit #06- 10. City staff recommends if the special use permit is granted, the following stipulations be attached: 1. The petitioner sha11 obtain sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall submit plans to City staff showing how the 10 foot requirement from the ground to the bottom of the sign will be met prior to issuance of a sign permit. 3. The petitioner shall move the existing freestanding sign to be 10 feet from the property line and driveway or a variance shall be obtained to recognize the existing setback prior to installation of the proposed electronic sign. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 2 5. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Chairperson Savage asked whether the City has had any contact with Jan Rautio, Manager of the Moore Lake Apartments, who submitted a letter opposing the sign? Ms. Stromberg replied Julie Jones did have a discussion with her explaining the details of the sign. Ms. Rautio stated she would not be able to attend the meeting tonight, so Julie Jones encouraged her to send a letter instead. The petitioner can address some of the concerns stated in her letter. Commissioner Sielaff asked about the deficiencies in the sign right now, were they there when it was originally approved? Ms. Stromberg replied, yes, they were. Commissioner Sielaff asked what is the reason for it not being taken care of up until now? Ms. Stromberg replied, she cannot answer that. She is not sure why that was not more closely looked at when it was originally insta.11ed. Therefore, they are recognizing that it exists now and asking them to comply. Commissioner Sielaff asked, in other words the Code has not changed? Ms. Stromberg replied, no, it has not. Duane Downey, Amtech Lighting, stated those footings have been there a long time for the sign. He thinks when Holiday purchased the property, they got permits to redo the driveway and that actually moved the driveway closer to where the existing sign is. Mr. Downey stated regarding Ms. Rautio's letter, she sta.tes she thought the sign would be too bright. L.E.D. signs generally do not put out more light than an existing fluorescent sign. If you had a flashing L.E.D. sign it could definitely be an annoyance, but since Fridley's code doesn't allow the sign to flash, there shouldn't be a problem. Chairperson Savage asked Mr. Downey if he had any problems with the stipulations? Mr. Downey replied, no, those are not going to be any problem. There is room to move it to get it to the 10-foot setback. The only problem he had was it being directly under the high power lines but they can work around that. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. K3 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:42 P.M. Commissioner Saba stated he thinks it the best situation. It is more convenient. Commissioner Oquist stated it is important at the intersection the sign does not flash because it is a bad intersection to begin with. Commissioner Sielaff stated he believed it was an improvement over what they have now because they will be in compliance. Chairperson Savage stated the City did do a study of electronic signs about five years ago in other eities. She just has a concern, not necessarily about this particular sign, but that we are getting kind of an explosion of these signs. 5he wondered if it would be possible for the City to take another look at the ordinances covering these signs in compazable cities. She certainly does not have a problem with this sign. It would not be fair to deny this petitioner when it is a permitted similar request. MOTION by Commissioner Saba approving Special Use Permit, SP #08-04 by Amtech Lighting on behalf of Holiday Gas Station, to allow an electronic message sign to be incorporated into the existing freestanding sign, generally located at 5695 Hackman Avenue NE with the following stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall submit plans to City staff showing how the 10 foot requirement from the ground to the bottom of the sign will be met prior to issuance of a sign permit. 3. The petitioner shall move the existing freestanding sign to be 10 feet from the property line and driveway or a variance shall be obtained to recognize the existing setback prior to installation of the proposed electronic sign. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 5. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOU5LY. Chairperson Savage informed the petitioner he will need to be at the City Council meeting on March 24 because they are the ones who will make the final decision. 2. PUBLIC HEARING n � Consideration of a Special Use Permit, SP #OS-O5, by Michael & Patrick Lawrance to allow limited outdoor storage on the property, generally located at 7765-77751V�ain Street NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:43 P.M. Stacy Stromberg, City Planner, stated the petitioners, the owners of Signcrafters, are seeking a special use permit to allow limited outdoor storage on their property located at 7775 Main Street NE. T'he property is zoned M-2, Heavy Industrial and is located on Main Street, north of 77�' Avenue. The petitioner plans to use the outdoor storage area for storage of motor vehicles and signs. The outdoor storage area is proposed to be 3,991 square feet and will be located on the north and east sides of the existing building. Ms. Stromberg stated in October 2005 the petitioners had placed a temporary sign in the public right-of-way advertising the availability of outdoor storage space if somebody wanted to rent industrial outdoor storage space. It was at that time that staff notified the petitioner that outdoor storage areas in the industrial district require a special use permit. After repeated letters and telephone conversations, the owners of Signcrafters were given a deadline of March 3, 2006, to submit an application for a special use permit for outdoor storage. On March 8, 2006, when no application had been received and negotiations had been broken down, staff issued a cita.tion to Patrick Lawrance, owner of the property, for having outdoor storage on an industrial property without a special use permit. Ms. Stromberg stated in response to the criminal citation, the owners of Signcrafters filed a civil case against the City arguing that they were allowed to have outdoor storage on the property because they had a legal nonconforming condition. The civil case needed to be resolved before the criminal case because if Signcrafters prevailed in their position on being legally non-conforming, no crime was committed by having their outdoor storage. Consequently, the City's criminal case was put on hold. The civil case, as well as the criminal case, was finally resolved in a settlement agreement by the Fridley City Council on January 7, 2008. The settlement agreement required the owners of Signcrafters to apply for a special use permit by February 1, 2008 which they have and is what we are discussing tonight. Ms. Stromberg sta.ted this case is not like a typical process for outdoor storage special use permits. It is different because there is a settlement agreement that has already been approved and agreed upon by the City Council and the petitioners as to what is going to be allowed for outdoor storage on this site. Ms. Stromberg stated after submitting the special use permit report to our legal stafF at the end of last week, the City's legal staff advised us that instead of approving the 5 stipulations that staff had placed on the special use permit that are in the Planning Commission packet, the Planning Commission should instead recommend to the City Council approval of the resolution that is part of the settlement agreement. Commissioner Oguist asked if they are going to be setting some sort of a precedent, that they aze going to be seeing more of this rather than stipulations on the special use permits? Ms. Stromberg replied, no. This is a very unique case. Chairperson Savage asked Mr. Lawrance if he had anything to add? Pat Lawrance, President of Signcrafters, replied it has gone on for several years and he thinks they are finally in agreement of where everything is at. He received a copy of the resolution and difference in calculations is due to a survey being obtained. He thinks that everybody is on board both at his office and here at the City. They are okay with everything. Commissioner Oquist asked Mr. Lawrance whether they plan on leasing out this area for outdoor storage? Mr. Lawrance replied, no, they aze in agreement that the auto body business that they lease part of the building to will have cars and Signcrafters will have signs in the area that they are allowed to have outdoor storage. Commissioner Oquist asked whether he would be putting signs out on the right-of-way again. Mr. Lawrance replied, no, they cannot do that except if their tenant they rent their building to as said in his contract after three years should go away, they may put a small "For Lease" sign out just to attract a new tenant within the City guidelines. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:52 P.M. MOTION by Commissioner Saba approving Special Use Permit, SP #08-05, by Michael & Patrick Lawrance to a11ow limited outdoor storage on the property, generally located at 7765-7775 Main Street NE with the following Resolution No. CITY OF FRIDLEY RESOLUTION NO. G SPECIAL USE PERMIT FOR OUTDOOR STORAGE AT 7765 MAIN STREET AND 7775 MA1N STREET, FRIDLEY, MINNESOTA. The above matter came before the City Council of the City of Fridley and was heard on the day of , 2008, on a petition for a special use permit for outdoor storage pursuant to the City of Fridley Zoning Ordinance, for the following described property: 7765 Main Street and 7775 Main Street, Fridley, Minnesota IT IS ORDERED that a spe�ial use permit be granted as upon the following conditions or reasons: 1. As depicted on the attached site plan (E�chibit 1), the existing outdoor storage azea is limited to a maximum of 3,195 square feet, exclusive of the area occupied by a single waste dumpster on the premises. [note: the sign plan will reflect that the outdoor storage area will be located on the pavement, loading dock or trailers along the east side of the property, and will not be located on the 21' by 19' space at the north end of the trailers or elsewhere, however, the dumpster may be moved to this area.] To reduce the likelihood that open areas outside the lawful outdoor storage area parking area, and driving or turnaround areas are inadvertently used for the purpose of outdoor storage, those open areas outside of the areas designated in the site plan for outdoor storage, parking or driving or turnazound areas shall be landscaped with black dirt and then seeded with grass that becomes established, is then cut regularly and otherwise maintained. 2. Other areas of the property will not be used for outdoor storage unless the property owner or owners have first come into full compliance with those portions of the state and local law then in effect that regulate outdoor storage-related activities including, but not limited to, curbing requirements, paving requirements, drainage requirements, and storm water management requirements. 3. As depicted on the attached site plan, the outdoor storage azea is limited to a side or reaz yard. 4. The materials and equipment kept in the designated outdoor storage area must be fully screened so as to not be visible from any of the public rights- of-way adjacent to the site, or from either of the commercial uses adjacent to the site. Satisfaction of this condition will require the addition of opaque screening that encompasses the north, east and west sides of the outdoor storage area, including on the gate or gates. 7 5. Screening of the outdoor storage area sha11 be achieved through a combination of masonry walls, fencing, berming, or landscaping in accordance with Fridley City Code § 105.17.06G.(1)(a). Compliance with conditions 4 and 5 may be achieved through either (1) installation and maintenance of a combination of slatting from top to bottom of chain-link fencing and gates and Engleman Ivy planted along the fencing every two feet on center, or (2) installation and maintenance on all feneing and gating surfaces of 90 percent black privacy screening material. For purposes of this provision, "maintenance" includes replacement of broken or deteriorated slats or other materials, caze of all ivy plans and replacement through replanting of any diseased or dead ivy plants. 6. Materials and equipment stored outside must not exceed 12 feet in height. 7. If any of the trailers currently used for outdoor storage aze moved or replaced, the property owners shall then be required to pave the area beneath the trailers and extend the curbing to the entire east side and the entire north side of the outdoor storage area as depicted on the attached site plan. In the interim, the property owners must install or keep a solid wood floor in each such trailer. 8. This permit does not authorize the outdoor storage of semi-trucks, semi- trailers, or heavy construction equipment. This condition does not prohibit the use of up to three units for the outdoor storage of parts so long as those units are within the area permitted for outdoor storage, and their height does not exceed the 12-foot requirement of condition (6) above. 9. Hazardous chemicals and materials may not be stored outside. 10. Except as otherwise specified above, Petitioners must fully comply with these requirements no later than June 1, 2008. Adopted by the City Council of the City of Fridley this day of , 2008. Scott Lund, Mayor Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 8 Chairperson Savage stated this does go to City Council on March 24 at 7:30 p.m. 2. Receive the Minutes of the February 7, 2008, Housing & Redevelopment Authority Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg reminded the Commission they have one item at their next meeting on March 19, 2008. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 7:48 P.M. Respectfully submitted, . li�• /"l I)enise M. Johnson Recording Secretary 0 CITY OF FRIDLEY SIGN-IN SHEET ; PLANNING COMMISSION MEETING � � I � �' � i i______________________________________________________________ Name J�'�' � � c�, �� n �� Address/Business m �� 9 i1 c1�� �e � � ,Sl�6s �T�C�iaut� / / ���. ��r�� �