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Planning Commission - 01/28/2008 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JANUARY 28, 2008 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Michael Franzen, City Planner Regina Herron, Planner II Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Koenig and Powell. II. APPROVAL OF AGENDA MOTION by Seymour, seconded by Stoltz, to approve the agenda. Motion carried 7-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON JANUARY 14, 2008 MOTION by Seymour, seconded by Stoltz, to approve the minutes. Motion carried 6-0. Kirk abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. SIGN CODE CHANGE—PUBLIC AND AIRPORT SIGNS EDEN PRAIRIE PLANNING COMMISSION MINUTES January 28, 2007 Page 2 Franzen presented the Sign Code Change. He pointed out this topic was continued from the last meeting. He pointed out there are four minor changes proposed. 1. Allow buildings in the public district to have an 80 square foot sign on one street frontage and 36 square feet for other frontages. The code currently allows one 80 square foot sign per property. 2. Allow buildings in the public district to have a 50 square foot sign per wall per street frontage. The code currently allows a 24 square foot and an 18 square foot. 3. The code currently exempts religious symbols from being included in the calculation of sign area for wall signs and free standing signs. The exemption is stated in two different paragraphs. The editing change is to combine the requirements into one paragraph. 4. Change "Airport District" to "Airport". The code does not have an Airport zoning district and there is no airport zoning designation on the map. Stoelting opened the meeting up for public input. There was no input. MOTION by Stoltz, seconded by Seymour, to close the public hearing. Motion carried 7-0. MOTION by Stoltz, seconded by Rocheford, to recommend approval of the Sign Code Change for Public and Airport. Motion carried 7-0. B. SIGN CODE CHANGE—DYNAMIC DISPLAY ORDINANCE Regina Herron used a PowerPoint presentation to explain the changes to the City Code relating to dynamic display signs. She stated the Code needs to be changed because the City's current ordinance was developed at a time when Dynamic Display signs were not envisioned. Herron added that the proposed ordinance would create a definition, define brightness levels, include maintenance standards, set a time limit for changing signs, and regulate where the signs would be permitted. Stoelting opened the meeting up for public input. There was no input. Schultz said he agrees with the Staff on everything but the time issue. He felt every 24 hours for sign changing is too long of a time period. Kirk asked if the City sign was a dynamic sign. Franzen said it is a dynamic sign and was built before the code was changed to prohibit moving signs. Kirk stated that the 24 hour change time is too limiting, especially for gas stations. He does believe signs changing every 8 seconds are a hazard. A time frame more consistent with the neighboring cities should be looked at. Franzen staed Minnetonka and Bloomington have a 20 minute interval for sign change. The sign on 494 changes every 8 seconds. EDEN PRAIRIE PLANNING COMMISSION MINUTES January 28, 2007 Page 3 Pitzrick concurred with Kirk and said he would like to go with a 20 minute time change. Rocheford concurred with Pitzrick, as does Powell and Stoltz; to go with the 20 minute time change. Kirk said in regards to the brightness level, there needs to be some way to measure it because some colors may be distracting. In regards to Kirk's question, Stoelting asked Franzen if the NIT testing takes in color and background. Franzen said NIT is light coming from the sign so color is taken into consideration. The common industry standard is 500—5,000 nits measured from the brightness color which is white. Franzen added that the signs need a mechanism in place that if the sign is brighter than what it should be, the sign should automatically turn off. Stoelting agrees that shorter than 24 hours would be appropriate and he said he is also comfortable with the other recommendations. He asked Franzen for guidance on the time change. Franzen stated once every 20 minutes is reasonable and consistent with neighboring cities. The Commission Members concurred 20 minutes would be appropriate. Stoelting asked if billboards could be placed on Highway 312. Franzen said the code does not permit billboards anywhere in the city. Stoltz asked how the City would establish sign maintenance regulations. Herron said Staff recommends when a sign is malfunctioning, the image will freeze or the sign will shut off automatically until it can be repaired. Stoltz asked if dynamic display signs are programmed remotely. Herron said she believes they are programmed remotely. Franzen commented that signed permit application would have to show that the sign can be shut off if it is malfunctioning. MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Schultz, to recommend approval for the Sign Code Change for Dynamic Display Signs, with the stipulation signs change no more often than 20 minutes. Motion carried 7-0. VII. PLANNERS' REPORT A. REVIEW DRAFT 2008 GUIDE PLAN UPDATE Franzen said Monique MacKenzie had a PowerPoint presentation He said it was a summary of what was discussed at the Planning Commission over the last 18 EDEN PRAIRIE PLANNING COMMISSION MINUTES January 28, 2007 Page 4 months. Since there was no public audience and the cameras were not working, he left it up to the Commission Members to decide if they wanted to view it. Stoltz asked if anything had changed in the Guide Plan. Franzen said there were no additional changes. The Commission Members did not feel they needed to view the presentation. Pitzrick said he wanted to address the issue of power lines and asked what easement the power companies have. Franzen said it would be 160 feet wide. Pitzrick asked what cannot be in the easement. Franzen said they cannot have structures in the corridor. Pitzrick commented he felt the power lines were a big deal and felt the new north/south road should not be next to these power lines. He commented if the power line is left where it is and the road would have to be shifted, it would have a huge impact to the area and the Town Center could not be built and felt approval of the guide plan should be based on a solution to the power lines. He asked Franzen if he had talked to Xcel Energy. Franzen said he did talk to Exel Energy and the cost to bury the power lines would be approximately 9 million dollars. Franzen stated that the Comprehensive Plan is a document to guide land use with goals and policies and is not meant to be development specific. Roads and utilities are more appropriately dealt with as development occurs. The City Council has approved the Town Center Plan with the power lines remaining where there are currently located and development is planned to have the back sides of buildings face the corridor. Pitzrick commented this is probably then not the best location for the Town Center Area. Pitzrick asked the Commission Members if he was making too big of an issue in regards to the power lines. Rocheford commented the power lines should not be of concern. Schultz said he does not feel it would affect businesses in the area and does not feel it is economically feasible to bury the power lines. Kirk said the power lines are important and should not be overlooked. He felt there are a lot of questions that can be brought up about the Guide Plan but felt it would be difficult to change that now and we should just move forward with it and address changes as they come up. Pitzrick said he feels we may lose sight of this issue. He wants to be extremely prepared when the first developer comes before the Commission. Stoelting commented Franzen has been very clear about the Guide Plan and asked him how we should deal with this issue of the power line. Franzen stated that the Town Center Plan is approved and staff cannot make any amendments to the plan or do a study of the power lines without Council EDEN PRAIRIE PLANNING COMMISSION MINUTES January 28, 2007 Page 5 authorization. At this point the staff role is to implement the plan. He added that if the Commission feels strongly that a study should be done, then a message should be sent to the Council for their deliberation. Stoelting asked how this could be communicated to the City Council. Franzen said this could be done in a separate motion. Pitzrick said he believes the Town Center is the right spot and as long as we can clearly define the corridors for power lines. Seymour said he is supportive of a motion to ask the City Council to address the issue of the power lines. Stoltz agrees with Seymour in that he would like the City Council to address this issue. Stoelting asked Pitzrick if he was comfortable with a second motion. Pitzrick said he was comfortable with a second motion. Kirk said he was unsure if a second motion was necessary at this point. He said issues will come up in the development of the Town Center Area and they should be addressed then. Schultz said he is fine with a second motion. Rocheford said he is fine with the a 2nd motion and with the Guide Plan. MOTION by Rocheford, seconded by Schultz, to recommend to the City Council that the Planning Commission has completed its review and is comfortable with the general direction of the draft 2008 Guide Plan Update, dated December 21, 2007. Motion carried 7-0. MOTION by Rocheford, seconded by Seymour, to recommend to the City Council that additional consideration be given to the relocation and development of the power lines in the Town Center Area, including recommendation of further studies in regards to burying the power lines, or other options. Motion carried 7- 0. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Kirk, seconded by Stoltz, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting adjourned at 8:35 p.m.