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3. City Code Amendment-Chapter 20MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: June 17, 2008 SUBJ: City Code Amendment Chapter 20, Zoning PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code." BACKGROUND In anticipation of the adoption of the 2030 Comprehensive Plan, staff is preparing an update of the City Code to coincide with its adoption. Staff has reviewed the City Code and discovered issues, shortfalls, and general updates, and prepared amendments to the Code. These amendments were discussed at the June 3, 2008 Planning Commission Meeting. Staff will be focusing on issues related to Signage, Conditional and Interim Use Permits, pre -application meeting prior to formal submittal of an application, Planned Unit Development and commercial zoning districts setback requirements. The Planning Commission contemplated pylon signs in areas other than Highway 5 and recommended to amend the ordinances at this time. The final ordinance format is attached to this report. Staff recommends approval of the proposed ordinance amendments. ANAYLSIS ADMINISTRATION AND ENFORCEMENT AND CONDITIONAL USES Pre -application Submittal Meeting Site Plan Review, Variance, Conditional Use and Interim Use ISSUE: Staff would like to emphasize the pre -submittal meeting with developers, homeowners, etc. prior to their formal application submittal. The intent is to identify, discuss and resolve many issues and/or concerns before the application is Planning Commission June 17, 2008 Page 2 submitted and brought before the Planning Commission and City Council. This would help alleviate development review applications that are incomplete or that have unresolved issues that lead the Commission or Council to table action for resolution at a staff level, only to return at the next meeting. This is currently a requirement for Subdivisions and Planned Unit Developments. This should be common practice for all application submittals, including Site Plan Review, Variances, Conditional Use Permits, and Interim Use Permit applications. Staff is proposing using similar language to the Planned Unit Development requirements to formally require these pre - application meetings. PROPOSED CHANGE: Amend Sections 20-56 (variances), 20-109 (site plans), 20- 23 1 (conditional use permits) and 20-321 (interim use permits) to incorporate this language. DISTRICT REGULATIONS ISSUE: There are issues with the mandatory setback and buffer requirements in the Planned Unit Development (PUD) section of the City Code. The buffer requirements are overly restrictive and prevent implementation of other planning goals, e.g. street front retail. Staff proposes that these setback standards be developed in conjunction with the design and approval of each project, rather than a one -size -fits -all standard. The following is the intent for the application of the PUD: Sec. 20-501. Intent. "Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts." (Emphasis added) The above paragraph discusses the enhanced flexibility; however, the imposition of the strict standards is contradictory to the overall intent of the PUD. In order to maintain a basis for negotiation for setback requirements, staff proposes reducing the minimum setback standards to allow for more flexibility. Staff will be referencing the buffer yard requirements to determine the minimum setback requirements within a PUD. The minimum setback requirement is dependent on the adjacent land use. Planning Commission June 17, 2008 Page 3 Finally, staff would provide a basis or criteria for the City to either increase the required setbacks or reduce the setbacks in order to implement community goals, e.g., affordable housing, street front retail, enhanced public spaces, etc. PROPOSED CHANGE: Amend Section 20-505 (f) and Section 20-505 (m). �. N-=2-M.,2 --t �. ",t�n:�sss�:e�e��:�eeeses .. Planning Commission June 17, 2008 Page 4 The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the City, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. ISSUE: BN District Height Limitation There are two Neighborhood Business Districts in the City. The first one is located at the southwest intersection of Highway 7 and 41. The second district is located at the southeast intersection of Highway 5 and Great Plains Boulevard. The current ordinance limits building height in the BN district to one story. Staff is recommending that if a site abuts a residential district without being separated by a street, then the height of the building be limited to two- story. If the site is separated from the residential district by a street, then a three-story building and a maximum height of 35 feet may be permitted. Residential Single Family Districts allow three-story buildings with a maximum height of 35 feet. The buffer yard requirements in Article XXV of the Chanhassen City Code will apply within the required setbacks. The City has issued a variance to permit the development of three- story buildings in the BN district to permit the Park Nicollet Clinic. Multi -story buildings are generally reserved for office and service type buildings. Retail operations tend to be one story. Planning Commission June 17, 2008 Page 5 PROPOSED CHANGE: Amend section 20-695 (7) as follows: ISSUE: Buffer yards in commercial or industrial districts The current ordinance requires an excessive buffer yard in addition to a setback in all commercial districts. The original criterion was created to buffer residential districts from industrial sites. In 1993, the Planning Commission recommended the amendment of the ordinance in all commercial districts as well as the industrial districts to increase the buffer. A buffer is intended to provide a separation as well as visual protection from a higher use. Staff has been encountering situations where this added buffer serves no practical purpose nor does it serve its intent. This requirement leads to a variance request in which a hardship must exist. There are other means in providing adequate buffering that can be much more efficient and effective than a mandatory buffer area. For example, the City has a landscaping buffer yard requirement under the landscaping section of the City Code which can be part of the required setback area. Staff is also proposing to increase the required setback for industrial uses abutting residential from 50 feet to 100 feet. PROPOSED CHANGE: Amend Sections 20-695 (8) e Lot requirements and setbacks in the BN District, 20-715 (8) e Lot requirements and setbacks in the BH District, 20-755 (7) e Lot requirements and setbacks in the BG District, 20-774 (7) e Lot requirements and setbacks in the BF District, and 20-815 (7) e Lot requirements and setbacks in the IOP District. Planning Commission June 17, 2008 Page 6 Amend Section 20-815 (7) (d): 0 SIGNAGE Temporary Signs Ku P.M ISSUE: Due to the upcoming November Election, campaign signs will soon be erected around the city. According to State Statute, campaign signs are of noncommercial nature; therefore, they may not be regulated and are allowed without a permit. However, often campaign signs are put up too early, placed in the right-of-way or sight triangle, do not meet the required setback from a polling place, or are placed on private property without permission. Staff has reviewed the City's current campaign sign ordinance, Minnesota State Statutes 212B.045 and 212B.11, and queried other cities. Based on that research staff is proposing changes to the Campaign Sign ordinance that reflect Minnesota State Statutes and the integrity of the community. State Statute 21111.045 NONCOMMERCIAL SIGNS EXEMPTION. In any municipality, whether or not the municipality has an ordinance that regulates the size or number of noncommercial signs, all noncommercial signs of any size may be posted in any number from August 1 in a state general election year until ten days following the state general election. 21111.11 This section forbids erection of campaign signs before Election Day for display on Election Day within 100 feet of polling place. Planning Commission June 17, 2008 Page 7 PROPOSED CHANGE: Amend Section 20-1255 as shown below. (1) Political campaign signs: Temporary political campaign signs are permitted according to the following: a. The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. b. Signs are not permitted in the public right-of-way, or within the sight triangle. C. Shall comply with the fair campaign practices act contained the M.S. ch. 211B.045 d. The city shall have the right to remove and destroy signs not conforming to this subsection. e. Permitted from August 1 in a state general election year until 10 days following the state general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. f. No such sign shall be located within one hundred (100) feet of any polling site. g. Sign shall be located on private property with permission of the property owner. Permanent Signs ISSUE: The current ordinance states that signage shall use individual dimension letters, at least one-half inch in depth. Staff s intent was to require all wall signage to maintain these standards. However, the literal translation of the current design standards for signage requires all lettering to be individual dimension, a minimum 1/2-inch deep. This includes monument signs and multi - tenant panel signs. Typically, the panel on a inulti-tenant sign is '/4-inch thick. To comply with the /z-inch depth, this requires push - through letters. Such lettering is much more costly to the applicant than routing out the letters in the panel. The dimension lettering is less visible at a distance on a monument sign than it is on a wall sign due to the scale of the sign. Staff proposes requiring dimension letters on a monument sign for the name of the center or development only and to permit the use of replaceable panels for tenant names. Additionally, staff is has been working on providing opportunities for businesses to display their logos, company symbols and display messages in a reasonable manner. Emuo� MMIM 20% Logo k1�41���ifi>f� MQRNH Im I1��k1�41���k1�411��Gfdili>f� Staff had initially used a 30 percent sign area standard as part of the discussion for the area to be permitted as logos or registered trademarks. However, upon further review, it appears that a 20 percent standard would create a more proportionate sign and continue to make the individual dimensioned lettering the dominate sign feature. Therefore, staff is recommending that the logo may not occupy more than 20 Staff had initially used a 30 percent sign area standard as part of the discussion for the area to be permitted as logos or registered trademarks. However, upon further review, it appears that a 20 percent standard would create a more proportionate sign and continue to make the individual dimensioned lettering the dominate sign feature. Therefore, staff is recommending that the logo may not occupy more than 20 Planning Commission June 17, 2008 Page 8 percent of the total sign area. We are further recommending that the display area advertising services not occupy more than 20 percent of the total sign area. PROPOSED CHANGE: Amend Section Sec. 20-1267. Uniformity of construction, design, etc., as shown below: 1. a. b. C. 2. than we, -ding) Company logos shall not occupy more thanes 20 percent of the sign display area. Planning Commission June 17, 2008 Page 9 ISSUE: Staff s intent is to allow for signage on buildings where individual entrances do not front on a public street for single and multi -tenant buildings. The current ordinance also prohibits wall signs adjoining a residential district unless there is an intervening public street. Staff proposes that in circumstances where an intervening building would serve as a screen for the signage to the residential properties, wall signage would be permitted. This is true for all commercial and industrial zoning districts. PROPOSED CHANGE: Amend Sections 20-1302 (2), 20-1303 (3) and 20-1304 (3) as shown below. Wall business signs. (a) Maximum Percentage of Nall Area tall Area in Square Feet Total Square Footage of Signs 15% 0--600 90'' 13% 601--1,200 156' 11% 1,201--1,800 198' 9% 1,801--2,400 216 7% 2,401--3,200 224' 5% 3,201-4, 500 230 3% 4 500+ 240 Planning Commission June 17, 2008 Page 10 CONDITONAL USE, INTERIM USE PERMITS AND VARIANCE ISSUE: There are some properties within the city that have obtained a Conditional Use, an Interim Use Permit or a Variance recorded against a property. In some cases the property lines are altered or subdivided years later. This poses several problems: there may be multiple owners for the subdivided properties governed by the CUP/IUP/VAR; with the addition of the new lot lines, thus the site plan has changes and the site may be in violation of the conditions of approval. It is difficult to maintain the conditions of approval on a property that has been sold to new owners who may or may not be aware of the permits governing these sites. Staff is proposing to add language to the Conditional Use, Interim use and Variance sections of the city code that subdivision of the property shall deem the CUP or IUP null and void. PROPOSED CHANGE: Amend Section 20-233 by adding subparagraph "c" to read as follows: Amend Section 20-323 by adding subparagraph 4 to read as follows: Amend Section 20-57 to read: Sec. 20-57. Violations of conditions imposed upon variance; termination e RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code." ATTACHMENT Ordinance Amending Chapter 20, Zoning. g:\plan\city code\2008 code update\pc memo 6-17-08.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Section 20-56 of the City Code, City of Chanhassen, Minnesota is amended to incorporate the following language: A variance from this chapter may be requested only by the owner of the property or the owner's approved representative to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district. A variance may, however, be granted for the temporary use of a single-family dwelling as a two-family dwelling. In granting any variance, conditions may be prescribed to ensure substantial compliance with this chapter and to protect adjacent property. Prior to filing an application for a variance, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this ordinance before incurring substantial expense. SECTION 2. Section 20-109 of the City Code, City of Chanhassen, Minnesota is amended to incorporate the following language: Prior to filing an application for a site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this ordinance before incurring substantial expense. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be files 30 days in advance of the planning commission meeting at which it is to be considered. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include... SECTION 3. Sections 20-231 of the City Code, City of Chanhassen, Minnesota is amended to incorporate the following language: The application, public hearing, public notice and procedure requirements for conditional use permits shall be the same as those for amendments as provided in article II, division 2, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a conditional use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use, building mapping and functions, circulation and parking areas, planting areas and treatment, sign locations and type, basic lighting concerns, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. Prior to filing an application for a conditional use permit, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this ordinance before incurring substantial expense. SECTION 4. Section 20-505 (f) of the City Code, City of Chanhassen, Minnesota is hereby amended to read as follow: (f) The setbaek fef all buildings within a PUD ftem any abut4ing stfeet line shall be 30 fee eempfehensive plan, exeept that in no ease shall the setbaek be less than the height of the lines not abutting a publie stfeet shall be 30 feet exeept that in no ease shall the setbaek be loss *1,a the height .f the building up to ., maximufn of inn feet. Building and parking setbacks from intemal public streets shall be determined by the City based on characteristics of the specific PUD. Parking lots and driving lanes shall be setback at least 20 feet from all exterior lot lines of a PUD. Where industrial uses abut developed, or platted or planned single-family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet, may be required in order to provide effective screening. The City Council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan and article XXV of the Chanhassen City Code. SECTION 5. Section 20-505 (m) of the City Code, City of Chanhassen, Minnesota is hereby amended to read as follow: 2 (m) Buffer yards. The City Comprehensive Plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with article XXV of the Chanhassen City Code. The buffer yard is not an additional setback requirement. It :s to be ,.,,.,,,,'twee , ealoulated wit the fequifed setb eke ,,u ire' .,b,,..o The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the City, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. SECTION 6. Section 20-695 (7) of the City Code, City of Chanhassen, Minnesota is hereby amended to read as follow: (7) The maximum height is as follows: a. For the principal structure, one ste two stories when it abuts a residential district without being separated by a street, and three stories with a maximum height of 35 feet when separated by a street. b. For accessory structures, one story. SECTION 7. Section 20-695 (8) e of the City Code, City of Chanhassen, Minnesota is hereby amended to read as follow: Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with article XXV of the Chanhassen City Code. M The buffer yard is not an additional setback requirement. It :s to be ,.,,.,,,,'twee , ealoulated wit the fequifedsetbaEks eudined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. SECTION 8. Section 20-715 (8) e of the City Code, City of Chanhassen, Minnesota is hereby amended to read as follow: Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with article XXV of the Chanhassen City Code. M The buffer yard is not an additional setback requirement. It :s to be ,.,,.,,,,'twee , ealoulated wit the Fe rod setb eke audined .,b,,..o The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. �esze:�r. .r:�:eer��e�e�:�ssns�rssersaes. SECTION 9. Section 20-755 (7) e of the City Code, City of Chanhassen, Minnesota is hereby amended to read as follows: 11 Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with article XXV of the Chanhassen City Code. In The buffer yard is not an additional setback requirement. It :s to be ,.,,.,,,,'twee , ealoulated wit the Fequifed setbaeks audined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. �esze:�r. .r:�:eer��e�e�:�ssns�rssersaes. SECTION 10. Section 20-774 (7) e of the City Code, City of Chanhassen, Minnesota is hereby amended to read as follow: Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with article XXV of the Chanhassen City Code. M .. MI V4;P The buffer yard is not an additional setback requirement. It :s to be ,.,,.,,,,'twee , ealoulated wit the Fequifed setbaeks audined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. 5 SECTION 11. Section 20-1255(1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (1) Political campaign signs: Temporary political campaign signs are permitted according to the following: a. The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. b. Signs are not permitted in the public right-of-way, or within the sight triangle. c. Shall comply with the fair campaign practices act contained the M. S. ch. 211B.045 d. The city shall have the right to remove and destroy signs not conforming to this subsection. e. Permitted from August 1 in a state general election year until 10 days following the state general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. f. No such sign shall be located within one hundred (100) feet of any polling site. g. Sign shall be located on private property with permission of the property owner. SECTION 12. Section 20-1302 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Wall business signs. (a) One wall business sign shall be permitted on the street frontage for each business occupant within a building. In .,,,,'� buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. (b) The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or pttb4e street. The total of all wall fneunted sign display afeas fef eaeh business shall not exeeed the squafe footage established in the following table: (c) The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: 0 Maximum Percentage of Wall Area Wall Area in Square Feet Total Square Footage of Signs 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201-4,500 230 3 % 4, 500+ 240 SECTION 13. Section 20-1303 (3) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Wall business signs. (a) One wall business sign shall be permitted on the street frontage for each business occupant within a building. In .,,,,'� buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. (b) The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or pttb4e street. The total of all wall fneunted sign display afeas fef eaeh business shall not exeeed the squafe footage established in the following table: (c) The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: 7 Maximum Percentage of Wall Area Wall Area in Square Feet Total Square Footage of Signs 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201-4,500 230 3 % 4, 500+ 240 SECTION 14. Section 20-1304 (3) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Wall business signs. (a) One wall business sign shall be permitted on the street frontage for each business occupant within a building. In .,,,,'� buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. (b) The sign may contain the name, logo, company symbols, display messages, pictorial presentations, illustrations, or decorations of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or pttb4e street. The total of all wall fneunted sign display afeas fef eaeh business shall not exeeed the squafe footage established in the following table: (c) The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage of Wall Area Wall Area in Square Feet Total Square Footage of Signs 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201-4,500 230 3 % 4, 500+ 240 SECTION 15. Section 20-1267 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 1. All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi -tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi -tenant buildings shall submit a comprehensive sign plan for approval by the Planning Commission and City Council. a. All wall signage shall use individual dimension letters, at least one-half inch deep. Registered trademarks, company symbols, display messages (less than 6 inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) and less than 20 percent of the total sign display area are exempt from this requirement. b. Wall signs shall be backlit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multi -tenant building. Company logos shall not occupy more than 20 percent of the sign display area. 2. All permanent monument or pylon signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi -tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development shall be presented concurrently for staff review. All planned centers and multi -tenant buildings shall submit a comprehensive sign plan for approval by the Planning Commission and City Council. a. All center, development name or an individual tenant building signage on a monument or pylon sign shall use individual dimension letters, at least one-half inch deep. b. Registered trademarks, company symbols, display messages (less than 6 inches tall), pictorial presentations, illustrations, or decorations (anything other than wording) 0 and less than 20 percent of the total sign display area are exempt from this requirement. c. In multi -tenant buildings, tenant panels may be used and shall be exempt from the individual dimension letter requirement. d. Company logos shall not occupy more than 20 percent of the sign display area and are exempt from this requirement. SECTION 16. Section 20-321 of the City Code, City of Chanhassen, Minnesota is amended to incorporate the following language: The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for amendments as provided in article II, division 2, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to complete an application for a interim use permit may vary with the specific use and the district in which it is located, all applications for such permits must include at minimum a site plan that clearly illustrates the following: proposed land use, building and functions, circulation and parking areas, planting areas and treatment, sign locations and type, lighting, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. Prior to filing an application for an interim use permit, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this ordinance before incurring substantial expense. SECTION 17. Section 20-233 of the Chanhassen City Code is amended by adding subparagraph "c" to read as follows: (c) It is a condition of every conditional use permit that the property for which the permit is issued not be subdivided or the lot lines of the property altered. SECTION 18. Section 20-323 of the Chanhassen City Code is amended by adding subparagraph 4 to read as follows: (4) Upon the subdivision of the property or the alteration of the lot lines of the property. SECTION 19. Section 20-57 of the Chanhassen City Code is amended to read: Sec. 20-57. Violations of conditions imposed upon variance; termination fef nenuse. The violation of any written condition shall constitute a violation of this chapter. It is a condition of every variance that the property for which the permit is issued not be subdivided or the lot lines of the property altered. A variance, except a variance approved in conjunction with platting, shall become void within one year following issuance unless substantial action has been taken by the petitioner in reliance thereon. 10 SECTION 20. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 2008, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager (Published in the Chanhassen Villager on g:\plan\city code\2008 code update\ordinance form.doc Thomas A. Furlong, Mayor 11