Agenda - Planning Commission - 04/06/1999

Home

over the established maximum. She pointed out that Council has approved overages in sign space in the past in the commercial districts and also that there were no verbal or written comments received at the Planning Commission's public hearing. Motion by Councilmember Haas Steffen and seconded by Councilmember Hendriksen to adopt Resolution #99-01-023 adopting Findings of Fact #0485 relating to a request from Connexus Energy for a Conditional Use Permit for two ground or freestanding signs. Motion carried. Voting Yes: Councilmembers Haas Steffen,.Hendriksen, Anderson and Zimmerman. Voting No: None. Absent: Mayor Gamec. Motion by Councilmember Haas Steffen and seconded by Councilmember Hendriksen to adopt Resolution #99-01-024 approving the issuance of a Conditional use Permit based on Findings of Fact #0385 and declaring terms of permit to exceed sign surface restrictions. Motion carried. Voting Yes: Councilmembers Haas Steffen, Hendriksen, Anderson and Zimmerman. Voting No: None. Absent: Mayor Gamec. Case #6: Request for Site Plan Review of C.IL Concrete Design; Case of Rick Burnham Community Development Director Sherman stated that Rick Burnham is seeking site plan review to develop a 12,960 square foot office/warehouse building on Armstrong Boulevard. The property is located in the area which was recently included in a development moratorium which became effective September 28. The application was submitted on September 25, prior to the moratorium becoming effective, however, the moratorium language states that the City will not approve any applications while the moratorium is in effect unless an exception to the moratorium is granted. Ms. Sherman stated that staff does not believe an exception is warranted in this case. She explained that the ordinance outlines the criteria that must be met in order to grant an exception to the moratorium and one of the criteria is that the proposed exception will be harmonious with and in accordance with the specific objectives of the City's existing Comprehensive Plan and will not adversely affect the planning process for adoption of amendments to the Comprehensive Plan. She pointed out that the draft Comprehensive Plan identifies this parcel as a potential area for land use change and it is located outside of the Urban Service Area. The proposed polices in the Plan provide that urban services be available for commercial and industrial developments. Any approvals on this site would not be in keeping with the intent of the moratorium, which is to protect the planning process. Since the application is not consistent with the draft land use plan or policies, it would not be subject to the exception provision of the moratorium. With this information, staff and the Planning Commission are recommending Council deny the application because the site is subject to the development moratorium and once the Comprehensive Plan is complete, it could again be reviewed. Ms. Sherman noted that the City has an extension to the end of March to get the Comprehensive Plan to the Met Council, however, that's not the date of approval - only submittal. This request could be made subject to Met City Council/January 26, 1999 Page 9 of 17