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HomeMy WebLinkAboutNovember 13, 2008 PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 13, 2008 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Kirchoff on November 13, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Acting Chairperson Kirchoff, Commissioners Michael Casey, Dennis Cleveland, Douglas Falk, Valerie Holthus, and Devon Walton. Commissioners absent: Chairperson Daninger Also present: City Planner, Courtney Bednarz Associate Planner Chris Vrchota Others APPROVAL OF MINUTES. August 26, 2008. Motion by Casey, seconded by Walton, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (08-10) ALLOWING INSTITUTIONAL SIGNAGE EXCEEDING 32 SQUARE FEET FOR RIVERDALE ASSEMBLY OF GOD CHURCH AT 3210 BUNKER LAKE BOULEVARD NW. Mr. Vrchota explained the applicant is requesting a Conditional Use Permit to allow institutional signage in a residential district with all aggregate square footage exceeding 32 square feet. He stated the applicant would like to remove all existing signs for both the church and the school and replace it with one 96 square foot LED sign; the sign features a variable brightness control that allows for the intensity of the lighting to be controlled or turned off if necessary. He added a condition has been included in the resolution requiring that the brightness of the sign be adjusted if the City receives complaints about it being too bright. He noted the proposed sign meets the setback and height requirements contained in the City Code. Motion by Walton, seconded by Cleveland, to open the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 2 John Peterson, Woodland Creek townhome development, stated he has a petition signed by 21 residents in the development in opposition to this type of sign. He explained they are not opposed to the sign itself, but rather, a large flashing sign because it will create a distraction in the neighborhood as well as a distraction to drivers traveling on Bunker Lake Boulevard. He expressed concem about the difficulty drivers face in making a left hand turn onto Bunker Lake Boulevard and felt the proposed sign will create an additional hazard to drivers. He then presented the petition to Mr. Vrchota for the record. Acting Chairperson Kirchoff noted for the record that one additional letter was received from a resident at 3328 138th Lane who has indicated they are not in favor ofthe sign. Tom Conneran, 15138 Yellow Pine Street, stated he was in favor of the sign and added he believes it is important for the City and the community to support good organizations like this church. He added he knows Spencer Blackwelder, owner of Signs by RSG, and Mr. Blackwelder is a well-respected business owner and Mr. Blackwelder will work with the City and the church to provide a good sign that will enhance the community, the neighborhood of the church, and provide the needed identification for the location of the church. Erling Jacobson, 3210 13ih Lane, stated he objects to the sign and the letter that was sent by the City about the sign because the letter only stated that the proposed sign will be a larger sign and did not indicate the sign would be a flashing sign. He felt there would be a lot more residents here tonight if the letter had stated the proposed sign was going to be a reader board. He agreed with Mr. Peterson's comment that this is a dangerous intersection and the proposed sign will create a distraction to drivers. Brad Johnson, 13655 Marigold Street, stated the existing entrance to the church is in his back yard and asked which way the proposed sign will face and where the sign will be located. Mr. Vrchota presented a map showing the location of the proposed sign, which is in the vicinity ofthe existing school sign, and added the sign will face east-west directionally, or perpendicular from Bunker Lake Boulevard. Tim Atkinson, a deacon at Riverdale Assembly of God, stated the church has been addressing options for signage for a number of years and noted the existing signs are 30 years old and in need of repair and updating. He stated the church's intention is to be a good neighbor and offer community announcements, e.g., reminding residents to check their smoke alarm batteries, voting information, information regarding blood drives, information regarding events in the City, etc., so the sign will benefit the entire community. Spencer Blackwelder, owner of Signs by RSG, stated he has been working with the church and one of their goals is to make sure the residents of Andover are aware of what Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 3 is proposed with respect to the sign. He explained the church is set so far back on the property that a lot of people do not know the church is there; in addition, the frontage road inhibits people's ability to see the church from Bunker Lake Boulevard. He stated the concerns raised by residents are important and explained that the proposed sign is not a flashing sign but rather, a variable message sign that has the ability to change in increments set by the church and/or the City so it will not distract drivers. He noted there are similar signs currently existing in the City, e.g., Meadow Creek Church, Meadow Creek School, as well as the City Hall sign. He stated the church wants to remove the existing signs and replace it with this one in order to reduce the clutter and have a more attractive sign that will be 200+ feet away from the nearest neighbor. He then presented information regarding the size ofthe sign including pictorial depictions of the sign. He further explained that the brightness of the sign is controlled and will be at peak power during the day to overcome ambient light; the brightness can also be programmed to dim at a different rate based on any recommendations from the City. He noted the sign is not designed to be overpowering or distracting. Mr. Blackwelder further stated there was a study conducted that found no correlation between an increase in traffic accidents and the use of variable message signs; the study also found that inadequate signage can actually promote accidents because people are making driving decisions after they have passed a business due to inadequate signage. He added the sign will be perpendicular to Bunker Lake Boulevard and the pitch of the LEDs is 140 degrees, which means if you are across the street from the sign, you will not notice the sign and will only see some light on the ground from the sign itself. He reiterated the church's goal is to put together a well designed, easy to read, and attractive community board with the brightness controlled. Commissioner Cleveland asked ifit is the church's intention that the top part ofthe sign which identifies the church will not change and the variable message will be contained on the bottom. Mr. Blackwelder replied in the affirmative. Commissioner Walton asked about the luminescence of the Meadow Creek sign. Mr. Blackwelder explained the Meadow Creek sign is a more fluorescent type of sign with smaller scrolling messages in the center with some flashing. He indicated his experience indicates the fluorescent portion is brighter than what is being proposed by the church. Commissioner Walton asked if there is any way to test a sign like this on a temporary basis to see what the public feedback might be and/or to determine any visual impact. Mr. Blackwelder replied he would not be able to come up with the same exact model and noted a good test is to view signs already in place throughout the Twin Cities area. Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 4 Commissioner Walton asked if a smaller version of the sign is available. Mr. Blackwelder replied in the affirmative, adding that smaller does not necessarily mean better since it would inhibit people's ability to see the sign and the church wants people to easily see their sign without having to interrupt their driving pattern. He explained that the sign's brightness can be set in the software program either by timed intervals or by darkness intervals. He added for every inch of height in lettering, you need 30 feet of distance and the church is interested in having a sign that people can easily see and read in a short interval of time. Mr. Peterson reiterated his concern about the difficulty drivers face turning left from Marigold onto Bunker Lake Boulevard and stated he has seen a lot of people turn right, go down to the traffic light, and turn around because the traffic is so bad. He felt the proposed sign would create a distraction for drivers. He added it would be nice to have a stoplight at this intersection. Mr. Blackwelder stated it is important to understand that at anyone time, the sign will contain a static message for a set amount of time and the church wants to make sure that. no distractions are created by the sign. He indicated the message changing can be controlled automatically through predetermined programming set within the software so that the sign does not change in the course of someone driving by. He stated that a flashing sign simulates animation which is not what is proposed here. Commissioner Walton asked if it is possible to separate the sign so only the top half is lit. Mr. Blackwelder replied in the affirmative and stated they have done that in other churches of a similar nature. Commissioner Holthus asked if the City requires a conditional use permit for an LED SIgn. Mr. Vrchota replied the conditional use permit is only for the size of the sign. Commissioner Holthus asked if each ofthe applicable ordinance requirements had been met in this case. Mr. Vrchota replied in the affirmative. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 6-ayes, 0- nays, I-absent (Daninger) vote. Commissioner Cleveland stated he thought the proposed sign looks nice and was in favor of the proposal. Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 5 Commissioner Walton stated if the City finds itself in a position of needing to address message boards, he would be in favor of having the business name lit across the top and having the bottom poliion of the sign dark. He suggested giving consideration to having slower message changes during busy traffic times to allow for less distraction. He stated he also liked the idea of testing the sign and expressed concern regarding aesthetics. Commissioner Holthus reminded the commission that electronic signs are permitted by the sign ordinance. The commissions' review is of the size of the sign and then stated she had no problem with the sign and felt the lot was large enough to accommodate the new SIgn. Commissioner Falk concurred and encouraged residents to contact City staff if they have concerns after placement of the sign. Motion by Falk, seconded by Casey, to recommend to the City Council approval of Conditional Use Permit (08-10) allowing institutional signage exceeding 32 square feet for Riverdale Assembly of God Church at 3210 Bunker Lake Boulevard NW. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Mr. Vrchota stated that this item would be before the Council at the December 2, 2008 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CORRECT LOW FLOOR ELEVATION REQUIREMENTS OF CITY CODE 9-3-3. Mr. Vrchota stated when the Subdivision Ordinance was updated in 2007 to bring the City Code requirements into synch with the Water ResoUrce Management Plan, the lowest floor separation from the 100-year flood elevation for new lots was raised from one foot to two feet. He noted the requirement in the Building Regulations section for existing lots was not changed at that time and this amendment will make the requirements consistent across the City. Commissioner Holthus asked if there have been any issues with flooding. Mr. Vrchota replied there have not yet been any flooding issues. He added that comments received by the Coon Creek Watershed District indicate that the water table is currently low, but given the types of soil in the City, the water table has the potential to rebound quickly and this amendment creates more of a cushion should that happen. Motion by Cleveland, seconded by Casey, to open the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. There was no public input. Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 6 Motion by Cleveland, seconded by Casey, to close the public hearing at 8:05 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. Motion by Falk, seconded by Casey, to recommend approval of a City Code Amendment to correct low floor elevation requirements of City Code 9-3-3. Motion carried on a 6- ayes, O-nays, I-absent (Daninger) vote. Mr. Vrchota stated that this item would be before the Council at the December 2,2008 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER EFFECT OF STATE STATUTE CHANGES TO CHAPTER 347 DOGS AND CATS ON CITY CODE 5-I. Mr. Bednarz explained the State has made some changes in Chapter 347 of the statute, primarily dealing with dangerous dogs, dogs declared to be dangerous, requirements for the owners of those dogs, the criteria under which a dog may be seized, and the procedure for seizure. He stated the City Code is not up to date and should conform to the statute. He then reviewed the changes made in the statute and recently adopted by the State, and noted that some of the sections of the statute are to be adopted by reference, explaining that state statutes are enforceable whether printed in the City Code or not. He indicated if the City ever needs to seize a dangerous dog/cat, the City Attorney would be involved and the sections of statute would be cited in any enforcement letter or orders from the City. He stated this section could be included in the City Code if desired by the Planning Commission and City Council; however, staff recommends this information be covered by reference to the state statute as it is enforceable under the statute. Commissioner Casey requested clarification regarding the definition used by the state for a dangerous dog or cat. Mr. Bednarz presented the definition of a dangerous dog or cat and stated the behavior of the animal is used to determine whether it is dangerous such as an incident where the animal has attacked and not been provoked. He added it is not based on breed of the animal. Commissioner Walton asked about the definition of provocation and how that ties together with the definition of dangerous. Mr. Bednarz stated this criteria is contained in a section of the Code that is in the process of being changed. He recited the section of the Code pertaining to dangerous dogs and cats. Motion by Falk, seconded by Casey, to open the public hearing at 8:17 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 7 There was no public input. Motion by Holthus, seconded by Casey, to close the public hearing at 8:17 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Motion by Walton, seconded by Cleveland, to recommend approval of a City Code Amendment to consider effect of State Statute changes to Chapter 347, Dogs and Cats on City Code 5-1. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Mr. Bednarz stated that this item would be before the Council at the December 2, 2008 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Falk, seconded by Walton, to adjourn the meeting at 8:20 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Respectfully Submitted, Barbara Hughes, Recording Secretary TimeSaver Off Site Secretarial, Inc.