HomeMy WebLinkAbout2009-08-26 Joint Board PacketMeeting Notice
Stillwater City and Town Joint Board
City Council Chambers
216 North Fourth Street
Stillwater MN 55082
7 p.m.
Wednesday August 26, 2009
AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES
3. PUBLIC HEARINGS
3.01 Bergmann Certificate of Compliance Consideration of a request
for approval of a Certificate of Compliance for
3.02 Liberty Village Planned Unit Development Amendment
4. OTHER BUSINESS
Stillwater City and Town Joint Board
July 22, 2009
Present: David Johnson and Linda Countryman, Stillwater Township
Ken Harycki and Jim Roush, City of Stillwater
Others: Stillwater Community Development Director Bill Turnblad
Township Planner Sherri Buss
Chair Johnson called the meeting to order at 7:04 p.m.
Chair Johnson noted two changes to the agenda. The first is to add the 2008 Residential
Building Report for the Orderly Annexation Area to New Business. The second is that New
Business item regarding the Liberty Village Signage amendment would be tabled until the next
Joint Board meeting.
Apggoval of Minutes
Mr. Harycki moved approval of the minutes of January 21, 2009, which was seconded by Mr.
Roush and approved on a 3-0-1 vote. Mrs. Countryman abstained since she was not present at
that meeting.
Public Hearings
Case No. 09-21 A request by Joe Jablonski of Lennar for a Planned Unit Development
amendment for Millbrook. The proposal is to add a 9th style of homes to the development.
Mr. Turnblad summarized the proposal. He noted that the Joint Board's role is to review and
comment on the project.
Mr. Harycki asked how the new home style would impact what residents across South Twin
Lake would view. Turnblad answered that from the lake there would be no difference. The lake
homes would still be two stories with a walkout.
Mr. Harycki asked how the change affects the project density. Turnblad stated that as proposed
there would be a reduction of two lots. If the Planning Commission recommendation is
endorsed, then there would be a reduction of four lots.
Mr. Johnson opened the public hearing. Mr. Chuck Prust (12630 — McKusick Road) stated that
as an immediate neighbor to the project he had two concerns. The first is that with the site
grading the property across the creek from his home was raised 12 to 15 feet. So, a two story
building on top of the grade change would loom over his house. And the second is that he had
to maintain a 200 foot setback from the creek when he built his home. Do the Millbrook homes
all meet that creek setback? In response to the concerns, Mr. Turnblad noted that the height of
the new style home will be no different than the height of the homes already approved in the
development. And that the building pads for each home were approved as a part of the
Planned Unit Development process, which required approval from Brown's Creek Watershed
District and the Department of Natural Resources.
There being no other public comments, Mr. Johnson closed the public hearing
Stillwater City and Town Joint Board
July 22, 2009
Page 2
Mr. Harycki stated that he liked the reduction in number of homes but was a little concerned
about introducing a more garage dominant home style. He asked Mr. Turnblad if the new style
would resemble a "snout house". Mr. Turnblad noted that the three stall garage would be flush
with the front wall of the home, not project in front of it. In addition, a garage would project in
front of the house and garage wall.
Mr. Johnson noted that the new style home would be a part of the home mix in the
development, it would not be the only style, nor would it be the predominant style.
Mr. Roush mentioned that he was also pleased that the density of the project was being
reduced. He also stated that he was in agreement with the Planning Commission's
recommendation that the new style home be allowed only in the cottage residential portion of
the neighborhood, not the traditional residential neighborhood.
Mr. Johnson noted that from the point of view of the Township, there would be very little
difference in the neighborhood's appearance, accept that there would be fewer homes.
Mrs. Countryman was disappointed in the introduction of a 3 stall wide garage, but understood
the market reality.
Mr. Harycki moved to accept the recommendation of the City Planning Commission. Mrs.
Countryman second the motion, which passed on a 4-0 vote.
Case No. 09-20 A request by Joe Jablonski of Lennar for approval of Millbrook 3rd
Addition. The plat would include two townhome buildings along Millbrook Circle.
Mr. Turnblad summarized the proposal. This is the third and final plat in the first phase of the
Millbrook project. All fees and improvements were taken care of with the first and second plats
of this phase. The only condition of preliminary plat approval that has not been met for this plat
concerns the neighborhood park. The park was to transfer to the City in the fall of 2007.
However, due to a delayed project start and the state of the housing market over the last couple
of years, that transfer has not occurred yet. In addition, a sand stockpile is located on the future
parkland, which will need to be moved and turf established before the park will be accepted by
the City. Mr. Jablonski has met with the City's park and engineering staff to begin working out a
schedule to get the stockpile moved and the turf established. The City's Park Commission will
consider the situation at their July 27 meeting.
Mr. Johnson stated that timing for transfer of the neighborhood park was a significant issue to
the Township. It should become available to the public as soon as possible. In addition, the
sand stockpile is a concern to the Township residents. He asked Mr. Jablonski when the
stockpile could be moved or removed.
Mr. Jablonski said the sand stockpile is for road construction and basement backfilling. He has
met with the City to begin working out a schedule to move or use up the pile.
Mr. Harycki asked Mr. Jablonski if he could have it moved in a year
Stillwater City and Town Joint Board
July 22, 2009
Page 3
Mr. Jablonski responded that if the City Council approves the PUD amendment that allows the
new home style in the project, Lennar may be in a position to build more road this year yet.
That would use up a large portion of the sand pile.
Mr. Harycki asked if the stock pile could be used or moved off the future park property by May
31, 2010.
Mr. Jablonski said he would prefer not to be bound to a date, but that he would work with the
City to come up with a mutually agreeable deadline.
Mrs. Countryman mentioned that she was not pleased that the stockpile was located on the
future parkland. With active park space in short supply, it was important to have the
neighborhood park in public hands quickly. The sand pile delays that.
Mr. Roush asked if the roads in Millbrook are built to last longer than roads that were built in
Stillwater in the 1980s. Mr. Turnblad answered that there are more stringent standards now and
that there are now staff engineering inspectors that keep a close eye on construction as it
proceeds. Both of which create longer lasting roads today than in the 1980s.
Mr. Johnson opened the public hearing. There being no public comments, he closed the public
hearing.
Mrs. Countryman moved to approve the plat of Millbrook 3`d Addition with the strong
recommendation that the stockpile of sand be moved off the future park property by May 31,
2010 and turf established just as soon after that as possible. The motion was seconded by Mr.
Harycki and passed on a 4-0 vote.
New Business
Bergmann Change in Use - Sherri Buss, Township Planner, introduced a discussion on the
Bergmann property located with the Township on 62nd Street. Recently through complaints of
City residents it was discovered that the use of the Bergmann property has changed.
Historically it had been used as a nursery with wholesale sales but only and a few incidental
retail sales. But recently, the business has changed dramatically and a dominant retail element
has been added. She continued to explain that neither the historical uses nor the current uses
are allowed per Township ordinances. Though Township ordinances provide a Certificate of
Compliance (C.O.C) process that would allow the historical and current uses to be officially
recognized and allowed to continue. The Township ordinances also allow conditions to be
attached to a C.O.C.
Mrs. Buss also stated that if the City preferred, a Conditional Use Permit (C.U.P.) approach
could be taken to the situation. Though the C.U.P. approach would require an ordinance
amendment to include the current use as a conditionally permitted use in the Township's
Transitional Zoning District.
Mrs. Buss asked the Joint Board members to discuss whether the C.O.0 or the C.U.P. was
preferred. The consensus was that C.O.C. approach is preferred; that individual uses and
events must be specifically addressed; that a public hearing should be held by the Joint Board
in Stillwater City Hall on August 26, 2009; that all parking should be on site; that Brown's Creek
Stillwater City and Town Joint Board
July 22, 2009
Page 4
Watershed District and all other affected agencies must be involved in the review; that with the
future construction of the Curve Crest frontage road, and that the Bergmann business should
gain its access from the new road and not from 62nd Street.
2008 'Residential Building Permit Report
Mr. Turnblad presented the 2008 residential building permit report for the Orderly Annexation
Area as required by the Orderly Annexation Agreement. In 2008 there were 41 new housing
starts, which bring the total of all new housing starts in the annexation area to 1,129. The
maximum total allowed to date by the annexation agreement is 1,560.
Adjournment
Mr. Roush moved for adjournment. Mr. Harycki seconded the motion, which passed
unanimously. Meeting adjourned at 8:48 PM.
Respectfully submitted,
Bill Turnblad
Acting Recording Secretary
TKDA
The right Mine. The righk people. The right company.
MEMORANDUM
To: Joint Board, Stillwater Township
and City of Stillwater
Copies To: Paul Bergmann, Bill Tumblad,
Pat Bantli, Kathy Schmoeckel,
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
(651)292-4400
(651)292-0083 Fax
www.tkda.com
Reference: Bergmann Certificate of Compliance
Stillwater Township, Minnesota
Proj. No.: 14307.006
From: Berry Farrington, Sherri Buss Routing: Soren Mattick, Township Attorney
Date: August 18, 2009
SUBJECT: Bergmann Certificate of Compliance for Plant Nursery and Agricultural Business - Seasonal
MEETING DATE: August 26, 2009
LOCATION: 12239 62nd Street, Stillwater Township
APPLICANT: Paul Bergmann
ZONING: Transition Zone
ITEMS REVIEWED: Application Form
60 -DAYS: September 13, 2009 (received July 15, 2009)
BRIEF DESCRIPTION OF THE REQUEST:
The request is to allow a plant nursery and seasonal agricultural business, including retail sales and incidental
agri-tourism activities such as hayrides, seasonal seminars, family -friendly agricultural themed events, and a
farmers market. The subject property is located at 12239 62nd Street and consists of 21.7 acres. The property
is in the Transition Zone (year 2015 area).
A public hearing is being held at the August 26 Joint Board meeting. The Town Board will take action on the
request at a future Township meeting.
BACKGROUND:
The subject property is owned by Paul Bergmann. The owner of the surrounding Bergmann property is the
Bergmann Trust, according to Washington County parcel data. The subject property in combination with the
Bergmann Trust property has long been Bergmann's Nursery. The nursery predates County and Township
zoning and therefore no previously granted permit exists for the operation. Until this year, the retail portion
of the operation has been located on the Bergmann Trust property, at the corner of Manning Avenue and
Highway 36. The Applicant indicates that the historic use of the corner property included limited, non -
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Bergmann Certificate of Compliance Page 2 August 18, 2009
Stillwater Township
nursery retail. The historic uses of the Paul Bergmann property have been greenhouse operation and
wholesale sales.
The use of the Paul Bergmann property expanded from greenhouse and wholesale uses to include retail use
in the spring of 2009. The change in use of the property was brought to the attention of the Town and City
by neighbors that noticed growth in traffic to and from the site. It should be noted that "grandfathered" uses
may not be expanded and relocated without consideration under current ordinances, and therefore a land use
permit is needed to establish the retail component of the nursery and other new related incidental uses on the
Paul Bergmann property.
A previous issue related to building construction without a permit at this property was resolved according to
the Township Building Inspector.
EVALUATION OF THE REQUEST:
City of Stillwater Future Land Use Plan
The subject property is planned to eventually be annexed into the City of Stillwater. The City's 2030
Comprehensive Plan identifies the area as a future Research and Development Park. An excerpt of the plan is
below:
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Should the property owner seek to develop the subject property in the future, the Plant Nursery would not
preclude eventual development of the future Research and Development Park.
Land Use
The Planner finds that the request is allowable with a Certificate of Compliance under the Stillwater
Township Zoning Ordinance standards for Plant Nursery and Agricultural Business - Seasonal.
Bergmann Certificate of Compliance Page 3 August 18, 2009
Stillwater Township
Plant Nurseery
The primary land use requested is a plant nursery. The Stillwater Township Zoning Ordinance permits a
Plant Nursery with a Certificate of Compliance in the Transition Zone.
There is contradictory language in the Zoning Ordinance with regard to retail sales at plant nurseries,
underlined below:
Definitions [Zoning Ordinance, Chapter 1, Section 2.1 (175)]:
Plant Nursery: A building or premises used primarily for the growing, wholesale and retail
sales of trees, shrubs, flowers, other plants and accessory products excluding power tools,
tractors, decorative rock, tree bark, gravel, and compost. Accessory products are those
products which are used in the culture, display, and decoration of lawns, gardens and indoor
plants.
Performance Standards [Zoning Ordinance, Chapter 2, Part 3, Section 2.16]:
(I) (A)Required Permits. Plant Nursery. Plant Nurseries require a Certificate of
Compliance in the agricultural (A-4) and the Transition Zone (TZ). No retail sales are
permitted.
(3)(B) The majority ofProduct .sold on the pLqpe1U shall be grown or raised on the
property.
It appears that the intent of the Ordinance is to allow the sale of product, with limitations, at a Plant Nursery.
The Planner and Attorney interpret the Ordinance to mean that retail sales may be included in the Certificate
of Compliance as long as the majority of retail sales are agricultural and plant nursery products grown or
raised on the property.
Agricultural events, etc.
Secondary to the plant nursery, the Applicant is also requesting to use the property for agricultural events
and agri-tourism activities including hayrides, classes, and family -friendly agricultural themed events. Farms
as destinations for the general public have become popular since the time that the Town's Zoning Ordinance
was written and these activities are often critical to the economic success of plant nursery businesses. Agri -
tourism types of uses are not specifically addressed in the Town's Ordinance.
In general, agri-tourism uses have the potential to support the Town's desire to maintain its rural character,
yet also bring the potential for noise, traffic, and parking issues associated with business use. The Town's
comprehensive plan includes the following agricultural resource policies that would guide the Town to
consider allowing for some agri-tourism activity: encourage agricultural activities that are economically
viable on small acreages, such as orchards, fruit and vegetable "pick your own" farms, nurseries, and
apiaries, and be receptive to adjusting local ordinances so that local farms can adapt to new trends in
farming.
Within this policy context, the Planner suggests that agri-tourism may be allowable as an incidental use, with
the primary use of the property being Plant Nursery. The agri-tourism use aligns with the Zoning
Ordinance's definition of Agricultural Business - Seasonal.
Bergmann Certificate of Compliance Page 4 August 18, 2009
Stillwater Township
Definitions [Zoning Ordinance, Chapter 1, Section 2.1]:
Agricultural -Business, Seasonal: A seasonal business not exceeding six months in any
calendar year operated on a rural farm as defined offering for sale to the general public,
produce or any derivative thereof, grown or raised on the property.
Farm: land whose use is devoted to agricultural uses or the raising and/or breeding of
livestock.
Agricultural Use: land whose use is devoted to the production of horticulture and nursery
stock, fruit of all kinds, vegetables, forage, grains, bees and apiary products and raising
domestic farm animals.
The Agricultural -Business, Seasonal definition does not reference events, classes, or other agricultural
attractions. However, such agri-tourism activities may be interpreted as derivatives of agricultural use sold to
the public. The Planner identifies that so long as the events and activities are agricultural in nature, they
would meet the intent of the Ordinance.
The Applicant has indicated that his business needs to be able to adapt to changes in the market for plant
nursery products and services. He is seeking some flexibility in order to further explore the seasonal
agricultural/agri-tourism aspect of the business. At this time, the recommended permit conditions (condition
number 2) broadly allow for agri-tourism activities, including events, classes, and attractions open to the
public that are directly related to agriculture products grown or raised on the property. The Town may wish
to consider if the permit will be specific or broad in identifying the allowed agri-tourism activity.
Plant Nursery Performance Standards
The following performance standards are specific to a Plant Nursery (Chapter 2, Part 3, Section 2.16):
Minimum Lot size of ten acres. The subject property is over 20 acres in size and so meets this
standard.
The ma'ori!y of product sold on the property shall be grown or raised on the pro pert . This may be
included as a condition of the permit.
• The exterior Stora e of landscape e ui anent and storage areas shall be screened from view of
Federal. State or County roadways and property lines. Access is via a local street. The requirement of
screening at the property lines may be included as a condition of the permit.
The Applicant proposes to provide portable toilets for use by visitors to the business.
Agricultural Business - Seasonal Performance Standards
As with the Nursery, the Ordinance requires that the majority of product sold must be grown or raised on the
property. The Ordinance requires that any temporary structure must be removed at the end of the season, and
all structures must meet setback requirements. See the section below addressing structures.
Bergmann Certificate of Compliance Page 5 August 18, 2009
Stillwater Township
By definition, an agricultural business cannot exceed six months in any calendar year. The proposed
agricultural events and attractions that would be in addition to a typical plant nursery use would be limited to
six months out of the year. In order for the events and agri-tourism activities to fall within the Agricultural
Business - Seasonal land use should directly relate to the Ordinance's definition of agricultural use and
involving: nursery stock, fruit of all kinds, vegetables, forage, grains, bees, and apiary products and raising
domestic farm animals.
Hours of Operation
The proposed standard hours of operation for the Plant Nursery are 8:00 a.m. to 8:00 p.m. The Applicant
proposes earlier and later hours for special events, conducted during daylight hours and between 6:00 a.m.
and 10:00 p.m. In the past, the Town has used one-half hour after sunset as the end of operating hours for
limited events. The facility must comply with the Town's noise restrictions.
Structures
There is an existing pole barn, house, office, and greenhouse structures on the site. Any future, additional
non-agricultural accessory structure requires a building permit.
Access, Traffic, and Parking
The Applicant indicates that peak traffic would be 200 trips per day. In the off-season, there are 10 to 20
trips per day.
There are two access points on 62nd Street, which existed prior to the retail nursery use at this location. No
new or additional access points are proposed.
The City of Stillwater plans for a future street connection to Curve Crest Boulevard at the south boundary of
the parcel. If Curve Crest is expanded in the future, the property should have the option for access via Curve
Crest instead of 62nd Street.
The on-site parking area and overflow parking area are sketched on the attached aerial photo, as identified by
the Applicant. Recommended conditions of the permit are that all parking must be on-site, and that any
proposed expansion in parking will need to be approved by the Township Engineer and Brown's Creek
Watershed District.
PLANNING STAFF RECOMMENDATIONS:
The Planner recommends approval of the Certificate of Compliance, with the following conditions:
The allowed use shall be a Plant Nursery for the growing, wholesale and retail sales of trees, shrubs,
flowers, other plants and accessory products. Accessory products are those products which are used
in the culture, display, and decoration of lawns, gardens, and indoor plants. Sale of power tools,
tractors, decorative rock, tree bark, gravel, compost, and non -Nursery retail goods is prohibited. Plant
Nursery activities may be conducted year-round (twelve [12] months per year).
2. Agricultural Business - Seasonal is allowed as a secondary use of the property, and may include
events, classes, and attractions open to the public that are directly related to agriculture products
Bergmann Certificate of Compliance Page 6 August 18, 2009
Stillwater Township
grown or raised on the property. Agriculture is the production of horticulture and nursery stock, fruit
of all kinds, vegetables, forage, grains, bees and apiary products and raising domestic farm animals.
Agricultural Business — Seasonal uses may not exceed six (6) months in any calendar year.
3. The majority of product sold on the property shall be agricultural products grown or raised on the
property.
4. The exterior storage of landscape equipment and storage areas shall be screened from view of
neighboring property lines.
5. Handicapped -accessible "satellite" facilities to treat wastewater shall be provided for use by visitors to
the business.
6. Hours of operation are 8:00 a.m. to 8:00 p.m. Occasional extension of operating hours are permitted
and shall not begin before 6:00 a.m. and shall not extend past one half hour after sunset.
7. The facility shall not generate noise that unreasonably annoys, disturbs, or endangers the comfort or
peace of any persons, or precludes their enjoyment of property or affects their property's value.
8. If Curve Crest Boulevard is extended by the City in the future, the property shall have the option for
access via Curve Crest instead of 62nd Street.
9. All parking must be on-site. Any proposed expansion in parking shall be approved by the Township
Engineer and Brown's Creek Watershed District.
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H f`R 1 R :' hl ?; n -r r CI r M i N N I 0 1 R
TO: Stillwater Township/City of Stillwater Joint Board
DATE: July 15, 2009 CASE NO.: 09-04
APPLICANT: Marc Putman
REQUEST: Amendment to the Liberty Village PUD for Architectural Review &
Design Guidelines.
LOCATION: Commercial area at the intersection of Manning Ave and
CSAH 12 (Myrtle St/ 76h St W)
COMPREHENSIVE PLAN DISTRICT:
ZONING: VC - Village Commercial
HPC DATE: July 22, 2009
REVIEWERS: Community Dev. Director
CN - Neighborhood Commercial
PREPARED BY: Michel Pogge, City Planner±�.lk-?
DISCUSSION
The applicant is requesting a Planned Unit Development amendment for approval of
Architectural Review and Design Guidelines for Liberty Village. The PUD amendment
is two parts; first, this request officially adopts the design guidelines for the Liberty
Village commercial area, which were inadvertently never adopted by the City. Second,
it revises the sign and graphics section of the original guidelines and adds several new
types of signs that can be used within the development.
SPECIFIC REQUESTS
The applicant is requesting a Planned Unit Development amendment for the Liberty
Village Architectural Review and Design Guidelines for Liberty Village. The Heritage
Preservation has approved the Design Review permit for this item at their July 6, 2009
meeting. The PUD amendment would both officially adopt the design guidelines for
the Liberty Village commercial area and revise the sign and graphics section of those
guidelines.
Liberty Village Design Guidelines
Page 2
JUNE 3rd ACTION BY THE HERITAGE PRESERVATION COMMISSION
At the June 3rd HPC meeting, the HPC reviewed and discussed the request. Due to
concerns raised by neighboring residential property owners the Commission elected to
table action on the request and requested staff meet with the applicant and effected
property owners to see if a compromise could be reached.
JUNE 9th NEIGHBORHOOD MEETING
On June 9, 2009, representatives for the applicant, the Residential Townhome
Association, the Liberty Residential Master Board, the HPC, and City Staff met at City
Hall to discuss the proposal. Related to the Residential Townhome Association
concerns the applicant proposed eliminating the light pole banner signs on the
southeast side of Settler's Way. With this eliminated the residential homeowners were
in agreement with the proposal as presented, including allowing two pylon signs along
both Manning Ave and Myrtle Street and permitting roof signs.
July 6th ACTION BY THE HERITAGE PRESERVATION COMMISSION
At the July 6f HPC meeting, the HPC reviewed and discussed the request. The
Commission approved a design review permit subject to the following conditions:
1. The design review approval shall become void if the PUD amendment is
denied by the City Council.
2. Light pole banner signs shall only be installed north and west of Settler's
Way.
3. Any sign on City property shall be approved by the City Council prior to
installation. Any sign on park property shall be reviewed and approved by
the Parks and Recreation Commission and City Council prior to installation.
4. References to banner signs shall be removed from the PUD amendment.
Banner signs shall follow regulations for banners sign permitted in other
areas of the City.
5. Roof signs shall only be used to identify 2nd floor tenants.
6. References to portable signs shall be removed from the PUD amendment.
Portable signs shall be prohibited.
7. Freestanding project monument signs adjacent to the roundabout shall be
limited to six feet in height.
8. Building directory signs are limited to a single faced sign flush mounted to
the wall and placed adjacent to the entry door.
Liberty Village Design Guidelines
Page 3
JULY 13th ACTION BY THE CITY PLANNING COMMISSION
At the July 13, 2009 City Planning Commission (CPC) meeting, the CPC reviewed and
discussed the request. The Commission recommend approval of the Planned Unit
Development amendment subject to the following conditions:
1. Light pole banner signs shall only be installed north and west of Settler's
Way.
2. Any sign on City property shall be approved by the City Council prior to
installation. Any sign on park property shall be reviewed and approved by
the Parks and Recreation Commission and City Council prior to installation.
3. References to banner signs shall be removed from the PUD amendment.
Banner signs shall follow regulations for banners sign permitted in other
areas of the City.
4. Roof signs are prohibited. (Note: CPC recommended a changed from HPC's
action. See #5 in the HPC's conditions.)
5. References to portable signs shall be removed from the PUD amendment.
Portable signs shall follow regulations for portable signs in other areas of the
City making them a prohibited sign in the City.
6. Freestanding project monument signs adjacent to the roundabout shall be
limited to six feet in height.
7. Building directory signs shall be limited to 12 square feet per side. Can be
either single faced signs flush mounted to the wall or double faced sign
projecting from the building. Signs shall be placed adjacent to the entry door.
(Note: CPC recommended a changed from HPC's action. See #8 in the HPC's
conditions.)
8. Only one pylon sign shall be permitted along Myrtle Street and only one
pylon sign shall be permitted along Manning Ave. (Note: CPC added this
condition which was not in the conditions recommended by the HPC's.)
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Liberty Village Design Guidelines
Page 8
In staff's opinion, the request as presented by the applicant has the potential to "over
sign" the development. The proposal is more liberal than what the City permits for
signage in the BP zoning district, which is the City's most liberal sign criteria. As a
neighborhood destination shopping area, this would seem a little extreme. Certainly a
case can be made for additional signage along Manning and CSAH 12; however, it
seems appropriate to have signage for this development fall somewhere between the
City's standard for business park signage and neighborhood commercial signage.
Staff supports many of the changes that the Heritage Preservation Commission and
Planning Commission made to the proposal. Overall staff recommends approval of the
recommended conditions approved by the Planning Commission.
Liberty Village Design Guidelines
Page 9
ALTERNATIVES
As outlined in the orderly annexation agreement, the Joint Planning Board needs to
review and consider changes to official controls effecting development. The Board has
several alternatives that can be considered:
A. Approval. If the proposed PUD is found acceptable to the Joint Planning Board,
then the Board should approve the PUD amendment with the following
minimum conditions of approval:
a. Light pole banner signs shall only be installed north and west of Settler's
Way.
b. Any sign on City property shall be approved by the City Council prior to
installation. Any sign on park property shall be reviewed and approved
by the Parks and Recreation Commission and City Council prior to
installation.
c. References to banner signs shall be removed from the PUD amendment.
Banner signs shall follow regulations for banners sign permitted in other
areas of the City.
d. References to portable signs shall be removed from the PUD amendment.
Portable signs shall follow regulations for portable signs in other areas of
the City making them a prohibited sign in the City.
e. Freestanding project monument signs adjacent to the roundabout shall be
limited to six feet in height.
f. Building directory signs shall be limited to 12 square feet per side. Can be
either single faced signs flush mounted to the wall or double faced sign
projecting from the building. Signs shall be placed adjacent to the entry
door.
g. Only one pylon sign shall be permitted along Myrtle Street and only one
pylon sign shall be permitted along Manning Ave.
h. Roof signs are prohibited.
B. Denial. If the Joint Planning Board finds that the proposal is not acceptable, then
the Board should deny the requested PUD amendment.
C. Approval in part.
D. Table. If the Joint Planning Board needs additional information to make a
decision, the request could be tabled to a future meeting. The decision deadline
for the request is September 12, 2009. Since the 60 -day deadline has been
extended by City Staff the applicant would need to approve any extension in
writing beyond September 12, 2009.
STAFF RECOMMENDATION
Staff recommends approval of the PUD with the conditions included above in Alternative A.
attachments: Applicant's materials and Proposed Design Guidelines