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G-1. Colonial Square – Approve Variance to allow a wall sign along the east façade of the building, and a monument sign to be located within the parking lot’s 10-foot setback, on property zoned Central Business District located at 400-412 West 78th Street
Y G -e, CITY OF CIIANIIASSEN2 • q S Chanhassen isa Community for Life-Providing for Today and Planning for Tomorrow NH AS TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: March 13, 2017 Q r2" SUBJ: Colonial Square Request for Sign Variance- 400-416 West 78th St Planning Case- #2017-03 PROPOSED MOTION "The Chanhassen City Council approves the variance request to allow a wall sign along the east façade of the building at 400-416 West 78th Street and a monument sign located within the parking lot's 10-foot setback, subject to the conditions of approval and adopts the attached Finding of Fact and Decision." (Note: a motion for denial and appropriate findings of fact are also included at the end of the report.) EXECUTIVE SUMMARY The owner of 400-416 West 78th Street is requesting a variance from the provision of their sign plan to allow them to display a wall sign along the buildings eastern façade and to replace their existing nonconforming pylon sign with a ground low profile sign. The city's sign code permits buildings to display signs along any façade with street frontage and similar uses in similar locations would are allowed signage along both the south and east façade; however, Colonial Square's sign plan restricts its signage to the southern façade. Signage was originally restricted to the south façade because there was no anticipated need for additional signage along the east façade. Recent upgrades to the eastern façade have attracted new tenants with an interest in additional signage. Staff believes allowing signage along the east façade would be consistent with how similar developments are treated and, so long as it complies with other provisions of the sign plan and sign code, that it will not negatively impact the area. PH 952.227.1100• WWW.ci.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Planning Commission Colonial Square Request for Sign Variance—Planning Case 2017-03 March 13, 2017 Page 2 of 4 Previous façade New facade I I _ 1:; ',.�s .. . Proposed Wall Sign LI] . 1 - . :I1 i -IAA The sign code would also permit the proposed monument sign; however, due to the configuration of the parking lot it is not practical to locate the sign outside of the property's 10-foot yard setback. Since the existing pylon sign is located within the public right of way and is of a style not permitted by the city's sign code, staff believes reducing the existing nonconformity to be in the city's interest. So long as the proposed ground low profile sign is located outside of the intersection's sight triangle, it will not create a safety hazard by visually obstructing the intersection. Proposed B SIDSl16,6 Existing .. . 160 C W..,... �> . PROPOSED MIN ROMS lOCADON EMPIREt ' g' 6.75h •I7ODIn• 1. CLEANERS.i Puy ,..G,c--sa.c,c.— SODIn CURVES 15.N7h & LO ., , i 1+ _ 'L; ^7 � DOMINO'S AN tiIL — • .S.,,:...,“ I ° 4)N 14 RODENZ TING AND TAX SERVICE E '' ,, �- EDGETEK HOCKEY -.` 3 .r ` T , itireve .ej. %thlll rims.N ! Planning Commission Colonial Square Request for Sign Variance—Planning Case 2017-03 March 13, 2017 Page 3 of 4 Staff is recommending approval of this variance request. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on February 21,2017 to review the proposed variance.No members of the public spoke for or against the variance request. The Planning Commission requested clarification as to the location of the ground low profile sign relative to the fire hydrant. Staff confirmed that the sign would not impede access to the fire hydrant. The applicant expressed concern that a proposed condition preventing window signage along the east façade was inconstant with how other developments were treated. After discussion the Planning Commission decided not to adopt this condition. The Planning Commission voted unanimously 6-0 to recommend approval of the variance request. The Planning Commission minutes of February 21,2017 are included in a consent agenda item for the March 13,2017 City Council agenda. RECOMMENDATION Staff recommends that the City Council approve the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located with the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The applicant must apply for and receive the required sign permits from the city. 2. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east façade must comply with all provisions of the city code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment. Planning Commission Colonial Square Request for Sign Variance—Planning Case 2017-03 March 13, 2017 Page 4 of 4 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. Should the City Council deny the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located with the parking lot's 10-foot setback, it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen City Council denies the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located with the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. ATTACHMENTS 1. Planning Commission Staff Report 2. Finding of Fact Approval 3. Finding of Fact Denial 4. Variance G:\PLAN\2017 Planning Cases\17-03 Colonial Square Sign Variance\Executive Summary Colonial Square.doc PC DATE: February 21, 2017 E- 1 ♦ � Y o CC DATE: March 13, 2017 CITY OF CHANHASSEN REVIEW DEADLINE: February 10, 2017 q 5� CASE#: 2017-03 11 A S BY: MacKenzie Walters PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of the variance request to allow a wall sign along the east façade of the building at 400-416 West 78th Street and a monument sign located with the parking lot's 10-foot setback, subject to the conditions of approval and adopts the attached Finding of Fact and Decision." (Note: a motion for denial and appropriate findings of fact are also included at the end of the report.) SUMMARY OF REQUEST: The property owner is requesting a variance rom the development's sign plan to allow them to place a sign on the property's eastern façade, and to place a monument sign within the parking lot's 10-foot setback. The city's sign code would allow for the placement of a wall sign along the building's eastern façade; however,the development's sign plan limits wall signs to the south façade. The development would also be entitled to a monument sign under the city's sign code; however, the configuration of the parking lot makes it impractical to locate the monument sign in a place that complies with the sign code's general location restrictions. LOCATION: 400-416 West 78th St APPLICANT: Vernelle Clayton „ . VClayton &Associates - PO Box 404 4F ~, , ., 11111161 Chanhassen, MN ,,,. 55317 44,11 ; OWNER: Colonial Square, LLC __ _ _ thtrt c/o VClayton&Associates -- PO Box 404 j - Chanhaseen, MN 55317 - ItLs PRESENT ZONING: CBD 2030 LAND USE PLAN: Commercial �ti„ ,., ' - .:• ACREAGE: .88 acres DENSITY: NA Planning Commission Colonial Square Variance—Planning Case 2017-03 February 21, 2017 Page 2 of 9 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The property owner is requesting a variance from the building's sign plan to allow for a wall sign along the building's east façade and to place a monument sign within the parking lot's 10-foot setback. The development's sign plan restricts signage to the south façade,but the city's sign code would otherwise allow signage along the east façade. The sign code would also permit the development to have a monument sign,but the configuration of the parking lot makes it impractical to place the monument sign in a location that is not within the required 10-foot setback. The property owner states that the only reason that signage was initially restricted to the south façade was that there was no anticipated need for or interest in having signage along the east façade when the development's sign plan was created. With recent renovations and improvements to the eastern side of the building, there is now an interest in utilizing this façade. The applicant points out that the City Code allows tenants to place wall signs on each façade which has street frontage, and feels that the existing sign plan creates a hardship for their tenants. Previous façade New façade wpm - 111*i s I I !� - ' Planning Commission Colonial Square Variance—Planning Case 2017-03 February 21, 2017 Page 3 of 9 Proposed Wall Sign MOT PO..,..a,d..O,g„lf„Y. o.- .... ..... ..-- _ -- --_..._.___ __ --,k -1 — 2\A The property currently has a legally nonconforming pylon sign located within the public right of way. Pylon signs are not permitted in this part of the Central Business District, nor are any signs allowed within the public right of way. The applicant proposes removing the pylon sign and replacing it with a monument sign. The monument sign would not be located within the public right of way,but it would be located within the parcel's required 10-foot setback and 10-foot drainage and utilities easement. Due to the layout of the parking lot, it is not practical to comply with the code's setback. Replacing the pylon sign with the proposed monument sign would reduce the existing non-conformity and significantly improve the aesthetics of the property. Existing Pylon Sign • .. •1.r r te=;--'\:rro_-:r-T r.� .: A le,... -44 EMPIRE• • 'i-t ,. CLEANERs 1 The Only On-Site Dry Cleaners In Town I ,R 411-- -.kms' Z• .. _ ... . _,...., . .. - A . •. .. - - ' -. .. _ .... , _ „iii., - -- - . -- .__ ,........ , ,........ . t - .... • ,4-400FROM6A.,1~4,.r...*” Planning Commission Colonial Square Variance—Planning Case 2017-03 February 21, 2017 Page 4 of 9 Proposed Monument Sign Materials&Substrates. = € l - �`.. C ift not . ' y IfldpxMdumnt •. M1kPrdsPiekdSWBbcMFardlWtetlGovdl , t' (1YYitlhldedDNerdrkame .. "�+1r - PROPOSED 10(AiIOH PROPOSED LOCAYION ----63.75 in — • -------- •12.00 in- PUI 5.00 In CURVES 15.84 in &I 1. LO DOMINOS AN 70.00 in I RODENZ ACCOUNTING SW 70: AND TAX SERVICE Black F Interior t Locator r, 96.00 in EDGETEK HOCKEY NINIMMINUMMINMEMMIMMIS MUM .11MUMMENMHIMMIMME. .MU MIUMUMMIMMINIMMIMM 74 03 in ■ MINIMMIUMMENIMMIN MUM f:fiOMMMUMMEMMIM IMMIM ■M� �t•��� MEM -------- MEM NUMMUMMINIMIUMMUIR MEM APPLICABLE REGULATIONS Chapter 20, Article XXVI, Division 1, Generally Section 20-1253, Variances Chapter 20, Article XXVI, Division 1, Generally Section 20-1265, General Location Restrictions Chapter 20, Article XXVI, Division 1, Generally Section 20-1267, Uniformity of Construction, design, etc. Chapter 20, Article XXVI, Division 2, Signs Allowed in Specific Districts by Permit Section 20-1303, Highway, General Business Districts and Central Business Districts Planning Commission Colonial Square Variance—Planning Case 2017-03 February 21, 2017 Page 5 of 9 SIGN CODE Central Business District Freestanding Signage Pylon* Ground Low Profile Height Display Area Height Display Area Principal Structure size (feet) (square feet) (feet) (square feet) 50,000 square feet or greater 20 80 10 80 Less than 50,000 square feet 16 64 8 64 *Pylon signs are restricted to properties that abut state highway corridors. Sign,freestanding/pole/pylon: Means any nonmovable sign not affixed to a building but erected upon a pole, post or other similar support so that the bottom edge of the sign display area is eight feet or more above the ground elevation. (20) Sign, ground low profile business: Means a business sign affixed directly to the ground, which directs attention to a business, commodity, service or product offered on the premises. (20) Location restrictions: Cannot be closer than 10 feet to any lot line. Shall not be located in site distance triangle(45' of the intersection of two improved street surfaces). Wall business signs: One wall business sign per street frontage for each business within a building. SIGN PLAN Wall business signs: Restricted to sign band along the building's south façade. BACKGROUND On December 14, 1998 a sign plan review was approved for Colonial Square Shopping Center. Amongst other provisions,the sign plan designated a section of the southern façade as the sign band and restricted signs to the sign band. On July 11, 2016 staff responded to a sign permit application for a wall sign on the building's east façade by informing the property owner and tenant that the development's sign plan review restricted signs to the south facade. On July 19, 2016 a sign permit was issued for the Domino's wall sign on the building's south façade. Note: Staff was unable to determine when the existing pylon sign was installed. The plat was filed with the county on September 18, 1989 and the City Council passed an ordinance restricting pylon signs to parcels abutting highways on January 9, 1995. It is likely that the sign was installed between these dates. Planning Commission Colonial Square Variance—Planning Case 2017-03 February 21, 2017 Page 6 of 9 SITE CONDITIONS Building: 400-412 West 78th Street is zoned Central Business District(CBD). The parcel has an area of approximately.48 acres. The principal structure is 12,600 square feet. All wall signs are located on the building's southern façade. Access to this site is gained via Great Plains Boulevard. Parking lot: 400 West 78th Street is zone Central Business District (CBD). The parcel has an area of approximately .4 acres. This parcel is the parking lot which serves 400-412 West 78th Street. The existing Empire Dry Cleaning pylon sign is located in the public right of way near the southeast corner of the property. Access to this site is gained via Great Plains Boulevard. NEIGHBORHOOD _ Surrounding Land Use: I !F w ; To the north of 400-416 West 78th Street are parcels zoned High Density Residential District(R12) and Office Institutional District(OI). To the east across Great Plains Boulevard is Chapel Hill Academy, zoned Office I • Institutional District (OI). To the south across West 78th ` Street are parcels zoned Central :- Business District(CBD). The - — parcels to the west are also zoned Central Business District (CBD). Variances within 500 feet: None found. Conditional Use Permit(Sign) Planning Commission Colonial Square Variance—Planning Case 2017-03 February 21, 2017 Page 7 of 9 On June 12, 2006 the City Council granted Chapel Hill Academy located at 306 West 78th Street a conditional use permit for an LED Monument Sign. Non-conforming Signs Chan Prairie Laundry Center Located on 7720 Great Plains Boulevard has a pylon sign which does not conform to the current ordinance. ANALYSIS The current sign code would permit 400-416 West 78th Street to have signage along both the south and east façade.The prohibition against signage along the east façade is due solely to the building's sign plan's Exhibit A only depicting the south elevation. The applicant has stated that when she proposed the current sign plan she did not foresee any need for signage along the east elevation and therefore did include that elevation in Exhibit A. With the recent renovations to the building's east façade the current tenant,Domino's,has expressed interest in placing a wall sign on the east elevation. Since view of the building's east façade is screened from residential view by Chapel Hill Academy,no provision within the sign code would preclude the location of a wall sign along the east elevation. Both the sign plan and sign code would allow the applicant to install signs in the east façade's windows. Granting a variance from the sign plan's façade restrictions would have no negative repercussions, so long as the sign complies with all other relevant provisions of the development's sign plan and the city's sign code. The sign code also allows 400-416 West 78th Street to have a freestanding sign. The development's current freestanding sign is a pylon sign located within the right of way and site triangle. The sign code does not allow for pylon signs on parcels not adjacent to state highway corridors,nor does it allow for any signage to be located in the right of way or sight distance triangle. The pylon sign does not meet the sign code's design criteria. The pylon sign is an existing non-conformity. The applicant is proposing to replace this sign with a new ground low profile sign. The ground low profile sign would be located on the applicant's property outside of the sight distance triangle. The proposed sign would conform to the districts height and display area limits along with the city's general design criteria;however,it would be located within 10 feet of a lot line. The sign will also be located within the property's drainage and utilities easement,which would require the applicant to enter into an encroachment agreement with the city. Planning Commission Colonial Square Variance-Planning Case 2017-03 February 21, 2017 Page 8 of 9 I t 181.32 4.�, 1 t 11 I 0 115.32w p tSBy°4410°W 1.0 17 b 24'74 O+ E, E 0 :Fts 1,00: ` Cel LtI Drcno9e a emenf �+^ t Kr c a. p_ I Z j _t56.00-... --y- �._. i ei�-Z daJ OD _0.1.74, _..__....._1..x_..1—�.!�.. 4� N8 O '2o"wJ 3 I ' u, I-- „•l l._ �� ck Ei j 1 Drbinoit�.acrd U ti(i 43 Eosemen .'4 1or` W `LI i` 0 ` _' — -- - :% f9 (9 ® =A4i.,rrJ;i'.i ,w.„r✓' j 152.21 9 ,: 17 ss, MI r•., .y , -252.27_•_r Y'�'-r�- Ne6 06'2x' /-' te- ,f 78TH STREET S .cor ofihe se1i4 f of the SW V4O ee•12 I I .116N,Q23 ' A ►4 a OG"20^ 1,�' _.-.—�, (carver Co.Mona -u -'-210.00-.._Due to to the configuration of the parking lot it is not practical for the applicant to place a ground low profile sign outside of 10-foot setback. Staff examined the proposed location and determined that as long as the ground low profile sign is not located within the site distance triangle, it will not create a safety hazard by visually obstructing the intersection. Staff also noted that the parking lot would allow for a large van or truck parked in the southeast most stall to create a more significant visual barrier than the proposed sign. SUMMARY Permitting signage along the east façade is in line with the city's sign code and would be consistent with how other similar developments in the city are treated. So long as the signage complies with the sign plan and sign codes other requirements it will not negatively impact the area. - The proposed ground low profile sign represents a significant reduction in an existing non- - -- conformity and an aesthetic improvement. So long as it is not located within the sight distance triangle it will not present a risk to public safety. Planning Commission Colonial Square Variance—Planning Case 2017-03 February 21, 2017 Page 9 of 9 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located with the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The applicant must apply for and receive the required sign permits from the city. 2. The applicant must enter into an encroachment agreement with the city in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east façade must comply with all provisions of the City Code, and the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision in the later that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District(CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2"diameter. Should the Planning Commission recommend denial of the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located with the parking lot's 10-foot setback., it is recommended that the planning Commission adopt the following motion and attached Finding of Fact and Decision: "The Chanhassen Planning Commission recommends denial of the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located with the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. ATTACHMENTS 1. Finding of Fact and Decision Approval 2. Finding of Fact and Decision Denial 3. Development Review Application 4. Affidavit of Mailing of Public Hearing Notice 5. Colonial Square Shopping Center Sign Plan Review 6. Sight distance Triangle. 7. Memorandum from Environmental Resources Specialist G:\PLAN\2017 Planning Cases\17-03 Colonial Square Sign Variance\Colonial Square Staff Report CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Vernelle Clayton for a sign variance to allow a wall sign along the east facade of the building at 400-416 West 78th Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vernelle Clayton for a sign variance for the property located at 400-416 West 78th Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District(CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda rd Addition Lot 3, Block 1, Chadda 2nd Addition 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship;provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: It is not uncommon for sign plans to limit the number of facades which may display signage in order to prevent clutter or mitigate a development's visual impact on adjacent land use; however, none of these factors apply to this case. The sign code permits business to have one wall sign on each building facade with street frontage. A business located at similar intersection with similar surrounding land uses would be allowed signage on both elevations. Granting a variance from the sign plan to allow for signage along the east elevation will allow the development to erect signage which complies with the City's sign ordinance. 1 Due to the configuration of the existing parking lot it is not practical for the owner to erect a ground low profile sign without encroaching on the property's 10-foot setback. The existing pylon sign is an existing non-conforming use located in the City's right of way. By replacing it with ground low profile sign outside of the right of way and sight distance triangle the owner will significantly reduce the non-conformity. Reducing non-conformities and improving visibility at the intersection is in line with the intent of the City's sign ordinance. 5. The planning report, Planning Case#17-03 dated February 21, 2017,prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION Planning Commission recommends approval of the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east façade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria,and follow the standards for the Central Business District(CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2"diameter. ADOPTED by the Chanhassen Planning Commission this 21st day of February, 2017. CITY OF CHANHASSEN BY: Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Vernelle Clayton for a sign variance to allow a wall sign along the east facade of the building at 400-416 West '78th Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vernelle Clayton for a sign variance for the property located at 400-416 West 78th Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2nd Addition Lot 3, Block 1, Chadda 2nd Addition 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause a hardship;provided that a variance may be granted only if the variance does not adversely affect the spirit or intent of this ordinance. Finding: It is not uncommon for sign plans to place restrictions on the location and types of signage allowed in a development in exchange for allowing signage not normally permitted by the sign code. In this case the sign plan limits signage to the south elevation while allowing for hanging signs and other element not usually allowed under the sign code. Additionally, if the tenant wishes they are allowed to place window signs along the east elevation. They are allowed advertising along both elevations and the inability to have their preferred type of sign is not a hardship. Requiring developments to abide by the terms of their sign plans is in line with the intent of the ordinance. 1 The development's existing freestanding sign is configured in such a way as to have a minimal impact on the intersections sight lines; whereas the proposed sign is an opaque ground low profile sign. The City's sign code prevents all signage within the 10-foot setback both to protect public safety by ensuring adequate visibility at intersections and minimize the visual impact of signs for pedestrians and motorists. Substituting an existing non-conforming use for new non- conforming use with a higher visual impact is not in line with intent of the ordinance. 5. The planning report,Planning Case#17-03 dated February 21,2017,prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Planning Commission recommends denial variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" ADOPTED by the Chanhassen Planning Commission this 21st day of February, 2017. CITY OF CHANHASSEN BY: Chairman 2 COlIIIMU1 ITY DEVELOPMENT DEPARTMENT CITYOF C}IAII}IASSENPlanning Division—7700 Market Boulevard Mailing Address—P.O. Box 147,Chanhassen, NIN 55317 Phone: (952)227-1300/Fax: (952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW i Submittal Date: /2,-0 1 1.-'1 PC Date: 2./24114' CC Date: 5 I i 1 1 :I,, 60-Day Review Date: a 121 I) Section 1: Application Type (check all that apply) (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) O Comprehensive Plan Amendment $600 ❑ Subdivision(SUB) ❑ Minor MUSA line for failing on-site sewers $100 ❑ Create 3 lots or less $300 0 Create over 3 lots $600+$15 per lot , ❑ Conditional Use Permit(CUP) ( lots) ❑ Single-Family Residence $325 ❑ Metes&Bounds(2 lots) $300 ❑ All Others $425 0 Consolidate Lots $150 ❑ Lot Line Adjustment $150 ❑ Interim Use Permit(IUP) ❑ Final Plat $700 ❑ In conjunction with Single-Family Residence..$325 (Includes$450 escrow for attorney costs)* ❑ All Others $425 *Additional escrow may be required for other applications through the development contract. ❑ Rezoning(REZ) ❑ Planned Unit Development(PUD) $750 ❑ Vacation of Easements/Right-of-way(VAC) $300 ❑ Minor Amendment to existing PUD $100 (Additional recording fees may apply) ❑ All Others $500 IE Variance Variance(VAR) $200 ❑ Sign Plan Review $150 ❑ Wetland Alteration Permit(WAP) 1 ❑ Site Plan Review(SPR) ❑ Single-Family Residence $150 ❑ Administrative $100 ❑ All Others $275 ❑ Commercial/Industrial Districts* $500 ❑ Zoning Appeal $100 Plus$10 per 1,000 square feet of building area: ( thousand square feet) p Zoning Ordinance Amendment(ZOA) $500 *Include number of pxistinq employees: *Include number of new employees: ❑ Residential Districts $500 NOTE: When multiple applications are processed concurrently, Plus$5 per dwelling unit( units) the appropriate fee shall be charged for each application. ❑ Notification Sign (City to Install and remove) $200 ❑ Property Owners'List within 500'(City to generate after pre-application meeting) $3 per address ( addresses) ❑ Escrow for Recording Documents(check all that apply) $50 per document ❑ Conditional Use Permit 0 Interim Use Permit ❑ Site Plan Agreement ❑ Vacation 0 Variance ❑ Wetland Alteration Permit ❑ Metes&Bounds Subdivision (3 docs.) 0 Easements( easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: -yes & 72 i SiAdnl-kts ,, /4/0 Parcel#: Legal Description: Total Acreage: Wetlands Present? ❑Yes 2 No Present Zoning: Select One CSO) Requested Zoning: Select One 4451 Present Land Use Designation: Select One ivili Requested Land Use Designation: Select One A./A. i Existing Use of Property: .Comm erc r al 10 Check box is separate narrative is attached. _ _ Section 3: Property Owner and Applicant Information PPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application.This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees,feasibility studies,etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to,and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions,subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees,feasibility studies, etc.with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: 1 74c,,7 i / _S y«e2- (. ;, L./L Contact: �ei-�e•// . (1/Sy kA) Address: ° a (14y7/nfP( 4/C-)4' Phone: 5s -97,5`-0/7/ y City/State/Zip: C hcl-kas e 2, A1 .5313/7 Cell: /n/ -569- 2/3 7 Email: G/e. //e U' !/c/c y fo ri. cc tri Fax: Signature: t�,,-'c ,c;l�.�, Date: 7//dam// This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER(if applicable) Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ® Property Owner Via: Er Email ❑ Mailed Paper Copy Name: ❑ Applicant Via: ❑ Email ❑Mailed Paper Copy Address: ❑ Engineer Via: ❑Email ❑Mailed Paper Copy City/State/Zip: ❑ Other* Via: 0 Email ❑Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields,then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORk. to send a digital copy to the city for processing(required). SAVE FORM PRINT FORM SUBMIT FORM CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen,being first duly sworn, on oath deposes that she is and was on February 9,2017, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of request for a Variance to install a proposed monument sign near the parking lot and wall sign on East facade of the building located at 400-412 West 78th Street to the persons named on attached Exhibit"A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. I Kim T. euwissen, Deputy erk Subscribed and sworn to before me this 91- day of Felormavii , 2017. ��'"'r,.� JENNIFER ANN POTTER .� .. 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N N n 00 00 O) d 0. 0_ 0. a. U -J J >- Z a 0 0 < U w 2 N Q J 0 -0Q J w - O Z cc i O cc = J U U .:1 0 N > P I- Zcc 2 m J Z Z Zcc cbr J cc CC 2 J CC CC w U Y N w _ U v) Z c0 I- w a a In N Z w O J JN z } < a a J cc J U w w Q 0c J cc O U 0 a J w F- } u Q —, U U J a cc Z 2 g z w w 1y 2 In CC = 0C w 2 w J 0 0Z 0 0 w a w _ N W w C7 O w Z w M y Z V v~i > Z U Q N g g a Y w 0 n w 0 a s `n Q N W O w 06 Q Qt, cOi1 0cf 0 Z Z O to } il w Z I- 06 l0 g J Z cm > 0tS o� LU LU a W g > Q Q J LL 0 2 Z Z Z w >- F.: w = 0 I- N N Q w Z w O Q6 0 °ZS O w Q Q O = >. 0 J m U ( __J O cc _ = Z t-9 Q 0 Q N J Q >. U01-1- 0 Y c W W Q- J U Z Z00_Q 0 m Q Q O E2 0C MI J Z Q U ca D O v) °c Q Z Z cc ' I-- U0 ° UU ° = 22ao1- 2gl=.)0 z2ou Ili 101 CITY OF December 21, 1998 CHANHASSEN 690 City Center Drive,PO Box 147 Ms. Vernelle Clayton Chanhassen,Minnesota 55317 Lotus Realty Phone 612.9371900 P.O. Box 235 General Fax 612.937.5739 Chanhassen, MN 55317 Engineering Fax 612.937.9152 Public Safety Fax 612.934.2524 Dear Ms. Clayton: Web www.ei.chanhassen.nin.us This letter is to inform you that on December 14, 1998 the City Council approved your request for a sign plan review for Colonial Square Shopping Center subject to the following conditions: 1. Panel signs are permitted provided they are architecturally interesting and compatible with the building. 2. Panel signs shall have individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering. 3. External illumination of any signage is prohibited. 4. All hanging signs shall be stationary. 5. Barber shop poles shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 6. All signage must comply with all other criteria in the sign ordinance. Also, our records show that only$120.00 was submitted for the review fee when $150.00 was required. Please submit the remaining$30.00 upon receipt of this letter. Should you have any questions,please feel free to contact me at 937-1900, ext. 117. Sincerely, (q)1. —P4 176S--- Cynthia R. Kirchoff Planner 1 The City of Chanhassen.A growing community with clean lakes,quality schools,a charining downtown,thriving businesses,and beautifirl parks.A great place to live,work,and play. ry ?'1t 2 vlotkd COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN A. All signs require a separate sign permit. B. No sign permits shall be issued by the City unless the application contains the approval of the building owner along with a calculation by the owner of the total sign area previously approved, together with the area to be used by the sign which is the subject of the application. C. Wall signs are permitted on the street front of the building only and within the designated building sign band only, provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A and consists of a 36" high area centered within a 45" high architectural feature of the building, with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. 1. The total of all wall signage shall comply with the city's sign ordinance for the central business district for determination of maximum sign area, which results in a maximum area of all wall signage for the Colonial Square Building of 224 square feet. No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked; however the overall height shall not be less than nor more than the height of the sign band within which the sign will be located and provided the letters and logos comply with the criteria set forth below. 3, Panel signs are permitted provided their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set forth below. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood, metal or translucent face, with individual dimensional letters and logos (concave, convex, projected or indented). b. If the sign is illuminated, individual letters and logos may be any of the following: i. Exposed neon/fiber optic, ii. Open channel with exposed neon, iii. Channel letters with acrylic facing, iv. Reverse channel letters(halo lighted), or the entire sign may be externally illuminated by separate lighting source. 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15%of the individual tenant's sign unless the logo is the sign. D. Miscellaneous signage: 1. Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. c. All hanging signs shall be stationary, may not be self-illuminated but may be lighted by surface mounted fixtures located on the sign or on the adjacent building surface. d. Hanging signs shall be limited to one per tenant . e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk. f. If metal materials are used, they shall be of non-corrosive and non-oxidizing materials. If wood materials are used, they shall at all times be maintained in like-new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs, whether lit, unlit, stationery or moving are permitted. 3. Window signs are permitted provided they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk is used. 4. Flags and banners are permitted on standards attached to the building facade, provided they are constructed of fabric materials, provided they do not contain advertising for specific tenants, provided they project from the building a maximum of 2 feet, provided they have a maximum are of 10 square feet and provided they are kept in good condition. 6 hi. bzi A • sn I c5it TNM .t a NooK 0 l UDM fNn 06T.M 500100 • R 1 I 1 [Dopylp sxr<us , , _0 �'��a , v ` �=fie , �. ■ilii■ :►3�3? GC6Cr.m �r SR 7 CC=_^_nn n RRA^'z.G�r.=rtri .ifG._Ksa-4�. -i3?�s �9[1iR9=_y..;nfir;-.�.,....-viii�isiiior v...,-" /ill:■ {: 1::.:=1:`;" C zaiia�.RGsi—rziiW uzzfaa ce�mmea YR=z=T'-T=camp ar..-�l"Eae�z3 lir. =.;-_-.1::_ i_y'J."iia{G��ti......... ......... -_—leiniiii■ �,� t7.1.....j. ��.� _I. mmiiiiiifill 4 r , . ! QRioa I l��L ' °= �i Q� �r.[:'I°' -i ii Irt0 Mill te _• —111=1111111.1.1.'III i :1�Jli i 417 SOUtH ELEVAtION '" ''`� I MM fN49 I I I ' . I I I I I I I I, .._., I (,.�..: I I i I I I I II I Colonia! Sgaore T/di Sic3 n 8 an• Note: Shaded areas depicted above represent the sign band area within which wall signs may be located. The total area shaded is approximately 600 s.f. Total area of sign coverage may not exceed 224 s.f. (Darker areas within dormer peaks and parapet 'roof are not intended to depict sign band area.) CY v / § 20-1266 CHANHASSEN CITY CODE sign stands immediately upon notification by the city.If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within thirty(30) calendared days following receipt of written notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor. Each day a violation exists shall constitute a separate offense. All signs shall be subject to inspection by the building official, or any other official of the city who may be appointed by him,to ascertain if the provisions of this chapter are being met. (Ord. No. 231, § 1, 1-9-95) V Sec. 20.1267. Uniformity of construction, design, etc. 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 should be presented con- currently 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. Signage shall use individual dimensional letters and logos,be back lit if a wall sign is illuminated,and be architecturally compatible with the building and other signage if in a multi-tenant building. Company symbols,display messages,pictorial presentations,illustrations,or decorations(any- thing other than wording) shall not occupy more than fifteen (15) percent of the sign display area. (Ord. No. 231, § 1, 1-9-95) Sec. 20.1268. Noncommercial speech. Signs containing noncommercial speech are permitted anywhere that signs are permitted, subject to the same size regulations applicable to such signs. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1269. Reserved. Sec. 20.1270. Uniform sign code. The design and construction standards as set forth in Chapter 4 of the 1994 edition of the Uniform Sign Code as may be amended, are adopted. .. (Ord. No. 231, § 1, 1-9-95) Secs. 20-1271-20-1274. Reserved. Sec. 20.1275. Construction standards. (a) A free standing sign or sign structure shall be constructed so that if the faces are not back to back, then they shall not have an angle separating the faces exceeding forty-five (45) Supp.No. 7 1268 Y F v -c 4 ZONING § 20-1303 See. 20-1303. Highway, general business districts and central business districts. The following signs shall be allowed by permit in any "BH", "BG", or "CBD" District: The following table lists the standards for freestanding and ground low profile signs in the BH, BG, or CBD zone. Pylon Ground Low Profile Principal Height Sign Size Height Sign Size Structure (feet) (square feet) (feet) (square feet) 50,000 sq. ft. or greater 20 80 10 80 Less than 50,000 sq. ft. 16 64 8 64 (1) Pylon business sign. Pylon signs are permitted on parcels that abut State Highway corridors only. One (1) pylon identification sign shall be permitted. This sign may identify the name of the center of the major tenants.The height and square footage of the sign shall be based on the square footage of the principal structure as shown in the table. Such signs shall be located at least ten (10)feet from any property line. (2) Ground low profile business signs. One (1) ground low profile business sign shall be permitted per each outlot or separate building pad that has street frontage.The height and square footage of the sign shall be based on the table above. Such signs shall be located at least three hundred (300) feet from any other pylon or ground sign and at least ten (10)feet from any property line. (3) Wall business signs. Wall business signs shall be permitted on street frontage for each business occupant within a building only. 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 Maximum Square of Wall Wall Area in Square Feet Footage of Sign 15% 0-600 90 13% 601-4,200 156 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 (4) Menu board. One (1) menu board sign per restaurant use is permitted with a drive-through facility. Such sign shall not exceed forty-five (45) square feet in size nor greater than eight (8) feet in height. Such sign is permitted in addition to any other sign permitted in the zoning district. Supp.No. 9 1271 § 20-1257 CHANHASSEN CITY CODE Sec. 20-1257. Reserved. Sec. 20-1258. Legal action. If the city planning director or an administrative officer finds that any sign regulated by this division is prohibited as to size, location, content, type, number, height or method of construction;or erected without a permit first being granted to the installer of the sign to the owner of the property upon which the sign has been erected or is improperly maintained,or is in violation of any other provision of this chapter,he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provisions set forth in this chapter within(10)calendar days following receipt of said notice: (1) Such permittee or owner may be prosecuted for violating this chapter and if convicted shall be guilty of a misdemeanor.Each day a violation exists shall constitute a separate offense. (Ord. No. 231, § 1, 1-9-95) Sec. 20-1259. Prohibited signs. The following signs are prohibited: (1) Advertising or business signs on or attached to equipment,such as semi-truck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. (2) Motion signs and flashing signs, except time and temperature signs and..lZ.aiberpoles.. which may be permitted by conditional use permits (see sections 20-231 through 20-237). (3) Projecting signs, not including awning or canopies as defined in this chapter. (4) Roof signs, except that a business sign may be placed on the roof, facia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: a. Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. (5) Wall graphics and design treatments depicting corporate logos and company symbols. (6) Temporary signs or banners except as permitted in section 20-1256. (7) Signs which are placed or tacked on trees, fences, utility poles or in the public right-of-way. (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. Supp. No. 9 1266 ZONING § 20-1 from the rest of the roof by a space of more than six(6)inches. PIZZA t= 1= = Sign, marquee means a sign which is mounted,painted on, or attached to any projection or extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. Sign, menu board means a sign located adjacent to the drive-through lane that is used to advertise the product available at a fast food restaurant. Sign, motion means any sign or part of a sign which changes physical position by any movement or rotation of which gives the visual impression of such movement or rotation. Sign, nameplate means a sign, located on the premises which bears the name and/or address of the occupant of the building or premises. Sign, nonconforming means a sign that does not conform to the requirements of this chapter. Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or services not related to the premises on which it is located. Sign,on-premises means a sign which directs attention to a business,commodity,product, use,service or other activity which is sold,offered or conducted on the premises upon which the sign is located. Sign,portable means a sign designed so as to be movable from one(1)location to another, and that is not permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to be transported by means of wheels, sign converted to A-Frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from the public right-of-way unless said vehicle is used in the normal day-to-day operations. Sign,private sale or event means a temporary sign"advertising private sales or personal property such as a house sale, garage sale and the like or private nonprofit events such as picnic, carnival, bazaar, game night, art fair, or craft show. Ni Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Supp.No. 8 1158.1 NOTICE OF PUBLIC HEARING SIGN PLAN CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, December 2, 1998, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of Lotus Realty for Colonial Square Center located on West 78th Street and Great Plains Blvd. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Cynthia Kirchoff, Planner I Phone: 937-1900, ext. 117 (Publish in the Chanhassen Villager on November 19, 1998) CHANHASSEN MEDICAL BLDG JAMES M MARTIN CAMEO CLEANERS 470 WEST 78TH STREET 3740 UNION TERRACE LANE 400 WEST 78TH STREET PO BOX 250 MINNEAPOLIS,MN 55441 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHAPEL HILL ACADEMY MR&MRS DOUG FISHER WESTWOOD COMMUNITY CHURCH ATTN: TERRY 7724 FRONTIER TRAIL 7801 PARK DRIVE 308 W 78TH STREET CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 HERITAGE APARTMENTS LARRY SCHROEDER COLONIAL SQUARE, LLC 425 CHAN VIEW 7720 FRONTIER TRAIL C/O LOTUS REALTY SERVICES, INC. CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 P.O. BOX 235 CHANHASSEN,MN 55317 MARK SCHLENK IVO SCHUTROP CHANHASSEN REALTY CO 501 CHAN VIEW 302 CHAN VIEW C/O PEGGY RILEY CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 3700 ZENITH AVE. SO. MINNEAPOLIS,MN 55410 LAURA A LARSON GEORGE D SHORBA CHANHASSEN MEDICAL BLDG 7615 IROQUOIS 304 CHAN VIEW PO BOX 250 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 JOHN R. RYAN NORBERT JACQUES 7613 IROQUOIS BOX 44 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 ARLIS BOVY CITY OF CHANHASSEN HRA 7610 HURON 690 COULTER DRIVE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN GUEST SUITES CHAN VIEW ESTATES III P.O. BOX 64 PHILLIP HILLMAN CHANHASSEN,MN 55317 4900 NINE MILE CREEK PK BLOOMINGTON,MN 55437 LAN NGUYEN BLOOMBERG COMPANIES INC. 7609 HURON P.O. BOX 730 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 JANE MESSER COUNTRY CLEAN 7608 GREAT PLAINS BLVD P.O. BOX 162 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN STAFF REVISED A. All signs require a separate sign permit. B. No sign permits shall be issued by the city unless the application contains the approval of the building owner along with a calculation by the owner of the total sign area previously approved, together with the area to be used by the sign which is the subject of the application. C. Wall signs are permitted on the street front of the building only and within the designated building sign band only,provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A and consists of a 36"high area centered within a 45" high architectural feature of the building,with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. 1. The total of all wall signage shall comply with the city's sign ordinance for the central business district for determination of maximum sign area, which results in a maximum area of all wall signage for the Colonial Square Building of 224 square feet. No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked;however the overall height shall not be less than nor more than the height of the sign band within which the sign will be located and provided the letters and logos comply with the criteria set forth below. 3. Panel signs are permitted provided they are architecturally interesting and compatible with the building and their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set forth below. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood,metal or translucent face, with individual dimensional letters and logos with a minimum projection or indentation of 1 inch , : . __ _. . :_ _. . b. If the sign is illuminated, individual letters and logos may be any of the following: i. Exposed neon/fiber optic, ii. Open channel with exposed neon, iii. Channel letters with acrylic facing, iv. Reverse channel letters (halo lighted),or the entire sign may be 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15%of the individual tenant's sign unless the logo is the sign. D. Miscellaneous signage: 1. Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. c. All hanging signs shall be stationary, and may net be internally self-illuminated d. Hanging signs shall be limited to one per tenant. e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk. f. If metal materials are used, they shall be of non-corrosive and non-oxidizing materials. If wood materials are used, they shall at all times be maintained in like-new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs,whether lit,unlit, stationery or moving are permitted. However, they shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 3. Window signs are permitted provided they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk is used. 4. Flags and banners are permitted on standards attached to the building facade,provided they are constructed of fabric materials,provided they do not contain advertising for specific tenants,provided they project from the building a maximum of 2 feet,provided they have a maximum are of 10 square feet and provided they are kept in good condition. g:\plan\ck\signage scan.doc COLONIAL SQUARE SHOPPING CENTER EXTERIOR BUILDING SIGN PLAN PLANNING COMMISSION REVISED A. All signs require a separate sign permit. B. No sign permits shall be issued by the city unless the application contains the approval of the building owner along with a calculation by the owner of the total sign area previously approved, together with the area to be used by the sign which is the subject of the application. C. Wall signs are permitted on the street front of the building only and within the designated building sign band only,provided they comply with the following criteria set forth below. The sign band depicted on the attached Exhibit A and consists of a 36"high area centered within a 45" high architectural feature of the building, with its horizontal dimension broken by an area 12" on either side of the vertical architectural features of the building. 1. The total of all wall signage shall comply with the city's sign ordinance for the central business district for determination of maximum sign area,which results in a maximum area of all wall signage for the Colonial Square Building of 224 square feet.No separate calculation shall be made on the basis of individual tenant frontage area. 2. Individual letters and logos may be stacked; however the overall height shall not be less than nor more than the height of the sign band within which the sign will be located and provided the letters and logos comply with the criteria set forth below. 3. Panel signs are permitted provided they are architecturally interesting and compatible with the building and their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set forth below. 4. The construction criteria shall be as follows: a. Signs shall be constructed of wood,metal or translucent face, with individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering _. :, .. _ , : .• indented). b. If the sign is illuminated, individual letters and logos may be any of the following: i. Exposed neon/fiber optic, ii. Open channel with exposed neon, iii. Channel letters with acrylic facing, iv. Reverse channel letters (halo lighted),or the entire sign may be 5. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's business name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15%of the individual tenant's sign unless the logo is the sign. D. Miscellaneous signage: 1. Signs may be hung from the ceiling of the covered walkway provided they conform to the following criteria: a. All hanging signs shall be made of wood or metal. b. The message shall consist of business identification only. Copy is restricted to the tenant's business name and major product or service offered and such minimal message such as the date of establishment of the business. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the hanging sign. c. All hanging signs shall be stationary, • •. • . •. -- - • - • - - -- -may be lighted by surface mounted fixtures located on the sign or on the adjacent d. Hanging signs shall be limited to one per tenant. e. Hanging signs shall not exceed six square feet and the lowest portion of any sign shall not be less than 8 feet above the sidewalk. f. If metal materials are used,they shall be of non-corrosive and non-oxidizing materials. If wood materials are used, they shall at all times be maintained in like-new condition. g. Creativity is encouraged in the lettering and ornamentation on the sign and no letter style, size or construction is designated. 2. Barber shop pole signs, whether lit,unlit, stationery or moving are permitted. However, they shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 3. Window signs are permitted provided they do not cover more than 50% of the window area in which they are located and provided no neon paint or chalk is used. 4. Flags and banners are permitted on standards attached to the building facade,provided • they are constructed of fabric materials,provided they do not contain advertising for specific tenants,provided they project from the building a maximum of 2 feet,provided they have a maximum are of 10 square feet and provided they are kept in good condition. g:\plan\ck\signage scan pc changes.doc City Council Meeting-December 14, 1998 Councilman Berquist moved, Councilman Mason seconded to deny the request for an 8.25 sq.ft. variance from the sign ordinance and amendment to Variance#94-1 for the construction of an 8.25 sq.ft.non-illuminated wall sign based upon the findings presented in the staff report and the following: 1. The applicant has a reasonable opportunity to installing signage on the glass doors along West 78th Street. All voted in favor and the motion carried. Councilman Berquist: I would like it to be communicated that we would like to find a method by which it can be accomplished. REQUEST FOR SIGN PLAN APPROVAL FOR( :1.LQNIAL SQUARE CENTERWLOCATED ON WEST 78TH STREET AT GREAT PLAINS BOULEVARD,LOTUS REALTY. Cynthia Kirchoff: Thank you. The applicant wishes to establish the signage criteria for an existing Colonial Square. The sign plan requests certain deviations from the sign ordinance. These deviations including permitting panel signs,external illumination of signs and projecting signs. All these signs are prohibited by our sign ordinance. Overall staff is comfortable with the sign plan that Lotus Realty has submitted with the revisions. The Planning Commission did review this item on December 2°d and they did have some revisions to add on past revisions and those are located in the packet. Staff does support the sign plan for Colonial Square with the revisions located in conditions 1 through 6. Thank you. Mayor Mancino: And those revisions are the ones that you received from the Planning Commission? Cynthia Kirchoff: That's correct. Mayor Mancino: Okay,thank you very much. Is the applicant here and would you like to address the city council? And Vernelle,would you like to state about the conditions of the Planning Commission and if you agree with those,and etc. Vernelle Clayton: I'll try to keep the etc to a minimum. I know that you've had other things on your mind since you got this packet but I will assume that you read it and you know the reasons why we're doing it. I already talked about some of them. We have no problems with any of the conditions that were added by the Planning Commission but,and in the interest of your time,I will be happy to answer questions and I won't take any more time right now. Mayor Mancino: No,I just figure that somebody really looked at this with a fine tooth comb when I see that condition 2 was changed to appropriate to the scale of the lettering. That was. Vernelle Clayton: We did. We spent a lot of time on this. Mayor Mancino: Okay,thank you. Anybody else have questions for Vernelle? Councilman Mason: Oh,not for Vernelle,no. Mayor Mancino: Okay,thank you. I'm sorry,Councilman Mason. 27 City Council Meeting-December 14, 1998 Councilman Mason: This comes up from time to time and it's something that everyone struggles with. The only thing that I,I'm not even going to say I'm concerned about it but number 1 for recommendations says panel signs are permitted provided they are architecturally interesting and compatible with the building. Who decides what's architecturally interesting? I mean that's kind of the bugaboo. I mean you know we're always asking that one. I'm just. Cynthia Kirchoff: Well that would be kind of a collaboration between staff and Lotus and Vernelle. Mayor Mancino: It usually works out wouldn't you say Councilman Mason? Councilman Mason: I'm sorry. Mayor Mancino: Wouldn't you say that that usually works out? Councilman Mason: Well it does,and you know as long as it's under recommendations I think it's fine. You know we do have this discussion and it's a discussion I won't be having in the future but,well maybe I will be but it won't be up here. Anyway,you know that whole thing about when we start talking about what's architecturally interesting and what isn't. Knowing the people involved,I have absolutely no qualms at all about approving that. Mayor Mancino: Okay,thank you. Any other comments from council? Then may I have a motion please. Councilman Mason: Move approval. Councilman Engel: Second. Councilman Mason moved, Councilman Engel seconded to approve the request for a sign plan review for Colonial Square Shopping Center with the following conditions: 1. Panel signs are permitted provided they are architecturally interesting and compatible with the building. 2. Panel signs shall have individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering. 3. External illumination of any signage is prohibited. 4. All hanging signs shall be stationary. 5. Barber shop poles shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 6. All signage must comply with all other criteria in the he sign ordinance. All voted in favor and the motion carried. AMENDMENT TO VARIANCE APPROVAL FOR THE CHANHASSEN CINEMA SIGN. 28 C, i TY 0 F PC DATE: 12/2/98 111_ \\ CHANHASSEN CCDATE: 12/14/98 �f �-% CASE • 98-28 SIGN_ -- • By: Kirchoff:v STAFF REPORT PROPOSAL: A request for sign plan review for Colonial Square Shopping Center. LOCATION: 400-416 West 78th Street Z (Colonial Square Building) Q APPLICANT: Colonial Square LLC do Lotus Realty P.O.Box 235 CL Chanhassen,MN 55317 934-4538 I PRESENT ZONING: CBD, Central Business District ACREAGE: N/A DENSITY: N/A ADJACENT ZONING AND LAND USES: N: R-12,High Density Residential S: CBD, Central Business District E: 01,Office Institutional Q W: CBD,Central Business District WATER AND SEWER: Available to the site PHYSICAL CHARACTER: This site contains an existing shopping center. (f) 2000 LAND USE PLAN: Commercial AO 77 ' , ,, • . ‘....).;:, 1 11"‘VA17.)11 a 11 410" 1111 ,---, mir 0. i 341 : 4t. ,.;Ait... 444.. 7) 14 Wu k 'r I . s i iv 1 . 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Idtc aI �� \ ..Z� , i� _71N.7.9 Al .9 ag . �\41 "Ir , 41 WI ilmw 1 1 it 12" glell all ) ' rom Irmo -- / �1 r'=AN � 1 - r11 ...�.. - $4°. !k‘II 4** -;.t.01,hi-. 1 gi-•ffi 4 iiiir I 11/111, �,�•./.F .V. twig 0 , _ '''.5'.. =Q "'I �� / :400. �MINI : ' al� �,�. S7�i�,� ' Q z 3�got \`\ / � • _,iT ,s :gasp r„...i. r�► :1111 �� � ��=— , '� ���� • Erzy. i�,��1/� sa�Mod � Q �� r����r,. i ti ---- � r.bl►! .. p,„ ,4 0 off, Rig 'witilival rasa Ms f. 1!!;!..,.4.1• ( �� $b • I �rk `` ` ii . a . 1 /i eittevia . , S ..,.-4!..,,,. ...,_2/ . i Alb fy.4mod.: .: .,,.,,:"..„. .„- Colonial Square Sign Plan December 14, 1998 Page 2 PLANNING COMMISSION UPDATE The Planning Commission reviewed this item on December 2, 1998. They were receptive to relaxing some of the sign standards for the Colonial Square Shopping Center. They also raised some concern about the potential redevelopment of the site in the near future. The Planning Commission recommended approval of the sign plan with amendments to the conditions of approval. They were opposed to providing a minimum standard for the projection or indentation of letters on a panel sign,and instead recommended language implying the appropriateness of depression or projections to the size of the lettering. The Planning Commission also recommended the language in condition 4 be revised to delete the self-illumination reference. The staff report has been revised. All new information is in bold,and all outdated information has been struck through. APPLICABLE REGULATIONS Section 20-1267 states that all planned center and multi-tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council(Attachment 3). Section 20-1303 regulates signage for highway, general business and central business district zoning districts (Attachment 4). Section 20-1267 requires that if a sign is illuminated it is back lit(Attachment 3). Section 20-1267 requires that signage be individual dimensional letters(Attachment 3). Section 20-1259 (2)prohibits motion signs (Attachment 5). Section 20-1259 (3)prohibits projecting signs (Attachment 5). Section 20-1 defines a projecting sign as a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building (Attachment 6). BACKGROUND Recently, a sign permit was submitted for a tenant of the Colonial Square Shopping Center. Staff believed that the sign was a panel sign. The proposed sign is flat but has routed out letters and is constructed of wood. The sign ordinance specifically requires individual dimensional letters. Colonial Square Sign Plan December 14, 1998 Page 3 Staff contacted the management to determine the leased area for this particular tenant because it was omitted from the sign permit application. The height and width of the leased area is used to determine that maximum size of a wall sign. (For instance, if the wall area is 600 sq. ft., the wall sign can be a maximum of 15 percent of the wall or 90 sq. ft.) After some discussion with staff regarding the definition of a panel sign and permitted size of wall signage, the management developed signage criteria for Colonial Square. The criteria seeks to establish a sign band area, identify permitted signs and specify a total square footage of signage for the entire building, rather than a certain percentage for each tenant based on their lease space. The management was concerned that without a sign plan, signs may detract from the building and be inconsistent in size and construction. The applicant requests (1)to develop specific requirements for Colonial Square Shopping Center and(2) to permit certain deviations from the sign ordinance. Specifically,the sign plan requires all wall signs to be located in a sign band. The sign band is 36 inches in height and is centered within a 45 inch high architectural feature of the building. The sign band is broken by an area 12 inches on either side of the vertical architectural features (column) of the building. This will ensure that the signage is centered and consistent through the facade of the building. ANALYSIS The majority of the sign plan is in compliance with the sign ordinance. However, staff would like to clarify the issues surrounding panel signs,projecting signs and barber shop poles. Panel Signs The sign plan permits panel signs in Colonial Square. The zoning ordinance specifically requires individual dimensional letters. Panel signs are not defined in the zoning ordinance,however, staff believes that they are flat with no architecturally significant elements, e.g.,no indentation or projection of letters. This type of sign exists on the shopping center located at Lake Drive East and Great Plains Boulevard. They are not particularly attractive but they serve a purpose of identification. The sign plan states that panel signs shall have individual dimensional letters which are projected or indented on the sign. Staff believes that this requirement is reasonable. However,it should incorporate language which requires that the panel signs be architecturally interesting and compatible with the building. The statement should be revised as follows. C. 3. Panel signs are permitted provided they are architecturally interesting and compatible with the building and their height is not significantly less than nor more than the height of the sign band within which the sign will be located and provided they comply with the criteria set below. Colonial Square Sign Plan December 14, 1998 Page 4 The sign plan also states that signs shall have"individual dimensional letters and logos (concave, convex,projected or indented)." This is vague and may be open to interpretation. Therefore, staff believes that the projection or indentation should be specified at a minimum of 1 inch. The statement should be revised as follows: C. 4. A. Signs shall be constructed of wood,metal or translucent face,with individual dimensional letters and logos with a minimum projection or indentation of I inch ( - .- . , . . -- . • :). The Planning Commission was opposed to a minimum projection or indentation. Instead, they preferred requiring the projection or indentation to be appropriate to the size of the lettering. They recommended the statement be revised as follows. C. 4. A. Signs shall be constructed of wood,metal or translucent face,with individual dimensional letters and logos with a projection or indentation appropriate to the scale of the lettering(•. • • •, . , , .• . • • . • City-Wide Implications Is a panel sign with a 1 inch minimum projection or indentation something that should be adopted city-wide or limited to this building? Is this reasonable or does it depart downward from the sign ordinance which requires individual dimensional letters? The sign ordinance does a fine job of ensuring uniformity and high quality of signage throughout the city. Staff requests direction on this issue. Further research could be gathered and presented at an upcoming meeting. Although they did understand the rationale for subscribing to such a specification,the Planning Commission rejected the notion of specifying a minimum projection or indentation for panel signs because the panel sign that brought about the sign plan does not comply with this requirement. Being panel signs will only permitted in this shopping center,the problems should be limited. External Illumination of Signs The external illumination of signs in permitted in this sign plan. The sign ordinance specifically states that the if a sign is illuminated that it be back lit. Staff will not permit signs in Colonial Square to be illuminated by an external source. It may create glare,which is prohibited by the zoning ordinance. Therefore, the statement should be revised as follows. C. 4. B. iv. Reverse channel letters(halo lighted), or the entire sign may be Projecting Signs Colonial Square Sign Plan December 14, 1998 Page 5 The sign plan permits hanging signs. The sign ordinance specifically prohibits hanging signs. The applicant has stated in the accompanying letter than they included approved signage from Villages on the Ponds since it is located in"Old Town"and has a covered walkway which beckons hanging sings. Staff does not have a problem with permitting hanging or projecting signs,however,they should be self-illuminated if they are illuminated. The sign ordinance states that if a sign is illuminated that it be back lit. The sign plan states that the"sign may not be self-illuminated but may be lighted by surface mounted fixtures located on the sign or adjacent building surface." Staff believes that this may create glare and recommends that this be removed from the sign plan. The statement should be revised as follows. D. 1. c. All hanging signs shall be stationary,and may net be internally self- illuminated but may be lighted by surface mounted fixture located on the sign or on the adjacent building surface. The applicant was opposed to staff requiring that if the hanging sign is illuminated,that it be back lit rather than being lit by a spotlight(or other exterior fixture). The Planning Commission recommended that this statement be revised as follows. D. 1. c. All hanging signs shall be stationary,and may not be internally Self Barber Shop Poles The sign plan mentions barber shop poles. The zoning ordinance permits them,however,a conditional use permit is required prior to the installation. Staff believes that conditions should be in place with this sign plan review so that a conditional use permit is not necessary. Restrictions should be placed at this time. Staff recommends that the height of the barber shop pole be limited to 4 feet and the projection be limited to 12 inches from the building. Also, staff recommends that the number of barber poles be limited to 2 for the entire building. The statement should be revised as follows. D. 2. Barber shop pole signs,whether lit,unlit, stationary or moving are permitted. However, they shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. Colonial Square Sign Plan December 14, 1998 Page 6 RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves the request for a sign plan review for Colonial Square Shopping Center with the following conditions: 1. Panel signs are permitted provided they are architecturally interesting and compatible with the building. 2. Panel signs shall have individual dimensional letters and logos with a minimum projection or indentation of-I-ineh appropriate to the scale of the lettering. 3. External illumination of any signage is prohibited. 4. All hanging signs shall be stationary, : • . . '. . . 5. Barber shop poles shall be limited to 4 feet in height and a 12 inch projection from the building. The number of barber shop poles shall not exceed 2 for the entire building. 6. All signage must comply with all other criteria in the sign ordinance." ATTACHMENTS 1. Application and Letter 2. Sign Plan with Elevation 3. Section 20-1267,Uniformity of Construction,Design, etc. 4. Section 20-1303, CBD Permitted Signs 5. Section 20-1259,Prohibited Signs 6. Section 20-1,Definition of Projecting Signs 7. Staff Revised Sign Plan 8. Planning Commission Revised Sign Plan 9. Property Owners \\cfsl\volt\plan\ck\plan comm\colonial square sign plan review.doc I�I i itraC lk CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Cr)1(1 A r d / .Q Ictr E a C OWNER: ,5&m e ADDRESS: e/0ho/u5 Tesal t y ADDRESS: P, D A35- ChMA6 ss ph Nit) 5-53/7 TELEPHONE(Day time) 934"- /5"3A TELEPHONE: Comprehensive Plan Amendment _ Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements interim Use Permit _ Variance Non-conforming Use Permit _ Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes and Bounds,$400 Minor SUB) Subdivision* TOTAL FEE$ I CSO.°U A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81" X 11" reduced copy of transparency for each plan sheet. -` Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed,the appropriate fee shall be charged for each application. • • NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION • LEGAL DESCRIPTION • • • PRESENT ZONING REQUESTED ZONING • PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible fotcomplying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approvaVpermit is granted within 120 days with the Carver County Recorder's Office -•d the original document returned to City Hall Records. d / or / ie / /,,s2 ignature of Applicant l Date Signature of Fee Owner Date Application Received on 1 / / is / (1 t(; Fee Paid i OCo Receipt No. • The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. LOTUS REALTY SERVICES November 10, 1998 TO: Planning Department City of Chanhassen FROM: Vernelle Clayton, Representing the Owners of Colonial Square RE: Signage at Colonial Square In connection with the sign application from Loose Straw, one of the tenants at Colonial Square, it was brought to my attention that the procedure used by the Planning Department in determining the permitted size for signage on retail buildings is based on a formula which uses the front footage and height of the tenant space in order to determine the "building area". Since I was involved in the drafting of the current sign ordinance in which it is stated that the total building signage is based on the number of square feet in the building frontage, I assumed that the building owners were policing the sizes of each individual tenant's signs so that the total of all did not exceed the total permitted. In the case of Colonial Square, the current interpretation does not meet the needs of the tenants, nor would it result in an overall aesthetic appearance for a couple of reasons: 1. The building has a large front with several 'dormer'type peaks. Should a tenant with a small amount of frontage occupy space beneath these dormers, the aesthetics of the signage would be out of balance. 2. The portion of the building which was previously occupied by St. Huberts has a central hallway with spaces off the hallway which have no frontage on the street. Thus, this building may have signage needs in the future which cannot be met by the current policy in that there may be tenants with no frontage who would need signage. It is my recommendation that there be a sign plan established for the building which will be adhered to by both the building owners and the City in approving applications for building signage. It is also my recommendation that the current policy be reviewed toward the end that each building should submit a sign plan and that no sign permits be issued unless and until the building owner has approved of both the type and size of signage. At Market Square, for example,where 551 WEST 78TH STREET MI P.O.BOX 235©CHANHASSEN,MINNESOTA 55317 SI (612)934-4538 m FAX(612)934-5472 there is a sign plan in place, we would not want to have a tenant with a small space have a sign that is smaller than the rest of the signs, nor would we want a tenant with a large space have a larger sign that the rest of the signs (except where the sign plan specifically permits a larger sign). Thus, we are submitting the enclosed proposed sign plan for your review for Colonial Square. We have deliberately included some of the language from the sign plan which was approved for Villages on the Ponds in that this particular building is located near our "Old Town" area and has some of the same characteristics of'older'buildings, including a covered walkway, which lend themselves to the types of signs suggested in our proposal. W 411 . iklitat alk I I JI 1 mema i IMF 111 1 1prj , eltt i 1 MP 3 0 1 IN = a f D. a) cT it MU. t . . 0. 0 OX1 ao m • . a) 6 151 • el cu .-P. = . 4) 7 01111 IMP i 0 , t 1Great Plains Blvd CITY OF ClIANIIASSEN 9„... Chanhassen isa Community for Life-Providing forToday and Planning forTomorrow # II AS MEMORANDUM TO: Mackenzie Walters, Assistant Planner FROM: Jill Sinclair, Environmental Resources Specialist DATE: February 21, 2017 SUBJ: Colonial Square Sign Variance The applicant is proposing to construct a new monument sign at the southeast corner of the parking lot. Currently sighted in the same location is a mature ash tree. The construction of the sign will necessitate the removal of the tree. Colonial Square currently does not meet parking lot standards for city code for landscaping. The only landscaped area within the property is the same one currently proposed for the monument sign. Staff recommends that a tree be replaced in that area after construction. Recommendation The applicant shall plant one shade tree. The tree shall be a minimum size of 2"diameter. PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Vernelle Clayton for a sign variance to allow a wall sign along the east façade of the building at 400-416 West 78th Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Vernelle Clayton for a sign variance for the property located at 400-416 West 78th Street and recommended approval. On Mark 13, 2017 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Vernelle Clayton for a sign variance for the property located at 400-416 West 78th Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District (CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2nd Addition Lot 3, Block 1, Chadda 2nd Addition 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this-ordinance would-causehardship;provided-that a variance-may--begranted only- if the variance does not adversely affect the spirit or intent of this ordinance. Finding: It is not uncommon for sign plans to limit the number of façades which may display signage in order to prevent clutter or mitigate a development's visual impact on adjacent land use; however, none of these factors apply to this case. The sign code permits business to have one wall sign on each building façade with street frontage. A business located at similar intersection with similar surrounding land uses would be allowed signage on both elevations. Granting a 1 variance from the sign plan to allow for signage along the east elevation will allow the development to erect signage which complies with the City's sign ordinance. Due to the configuration of the existing parking lot it is not practical for the owner to erect a ground low profile sign without encroaching on the property's 10-foot setback. The existing pylon sign is an existing non-conforming use located in the City's right of way. By replacing it with ground low profile sign outside of the right of way and sight distance triangle the owner will significantly reduce the non-conformity. Reducing non-conformities and improving visibility at the intersection is in line with the intent of the City's sign ordinance. 5. The planning report, Planning Case#17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Chanhassen City Council approves the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions: 1. The applicant must apply for and receive the required sign permits from the City. 2. The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. 3. The wall sign on the east façade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. 4. The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District(CBD). 5. The ground low profile sign may not be located within the sight distance triangle depicted in attachment 6. 6. If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2" diameter. ADOPTED by the Chanhassen City Council this 13th day of March, 2017. CITY OF CHANHASSEN BY: Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISON IN RE: Application of Vernelle Clayton for a sign variance to allow a wall sign along the east façade of the building at 400-416 West 78th Street and a monument sign located within the parking lot's 10-foot setback. On February 21, 2017 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Vernelle Clayton for a sign variance for the property located at 400-416 West 78th Street and recommended approval. On March 13, 2017 the Chanhassen City Council met at its regularly scheduled meeting to consider the application of Vernelle Clayton for a sing variance for the property located at 400-416 West 78th Street and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Central Business District(CBD). 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 1, Block 1, Chadda 2nd Addition Lot 3, Block 1, Chadda 2nd Addition 4. Sign Variance Findings: a. The City Council,upon the recommendation of the Planning Commission,may grant a variance from the requirement of this ordinance where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this ordinance would cause-a-hardship;provided-that a variance-may be grantedonly if the variance does not adversely affect the spirit or intent of this ordinance. Finding: It is not uncommon for sign plans to place restrictions on the location and types of signage allowed in a development in exchange for allowing signage not normally permitted by the sign code. In this case the sign plan limits signage to the south elevation while allowing for hanging signs and other element not usually allowed under the sign code. Additionally, if the tenant wishes they are allowed to place window signs along the east elevation. They are allowed 1 advertising along both elevations and the inability to have their preferred type of sign is not a hardship. Requiring developments to abide by the terms of their sign plans is in line with the intent of the ordinance. The development's existing freestanding sign is configured in such a way as to have a minimal impact on the intersections sight lines; whereas the proposed sign is an opaque ground low profile sign. The City's sign code prevents all signage within the 10-foot setback both to protect public safety by ensuring adequate visibility at intersections and minimize the visual impact of signs for pedestrians and motorists. Substituting an existing non-conforming use for new non- conforming use with a higher visual impact is not in line with intent of the ordinance. 5. The planning report, Planning Case#17-03 dated February 21, 2017, prepared by MacKenzie Walters, is incorporated herein. RECOMMENDATION The Chanhassen City Council denies the variance request to allow a wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback, and adopts the attached Finding of Fact and Decision. The approved sign variance is subject to the following conditions:" ADOPTED by the Chanhassen City Council this 13th day of March, 2017. CITY OF CHANHASSEN BY: Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA VARIANCE 2017-03 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The Chanhassen City Council approves a variance request to allow wall sign along the east façade of the building at 400-416 W 78th Street and a monument sign located within the parking lot's 10-foot setback. 2. Property. The variance is for properties situated in the City of Chanhassen,Carver County, Minnesota,and legally described as: a. Lot 1,Block 1, Chadda 2nd Addition b. Lot 3,Block 1,Chadda 2°a Addition 3. Condition.The variance approval is subject to the following conditions: a) The applicant must apply for and receive the required sign permits from the City. b) The applicant must enter into an encroachment agreement with the City in order to locate the ground low profile sign within the drainage and utility easement. c) The wall sign on the east façade must comply with all provisions of the Colonial Square Shopping Center Exterior Building Sign Plan, excepting the provision that limits signage to the south elevation. d) The ground low profile sign must meet the sign code's design criteria, and follow the standards for the Central Business District (CBD). e) The ground low profile sign may not be located within the sight distance triangle depicted in attached site plan. 1 f) If the ash tree is removed, a tree must be replaced with one shade tree. The tree shall be a minimum size of 2"diameter. 4. Lapse. If within one(1)year of the issuance of this variance the allowed construction has not been substantially completed,this variance shall lapse. Dated: March 13, 2017 CITY OF CHANHASSEN BY: (SEAL) Denny Laufenburger, Mayor AND: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this_day of 2017 by Denny Laufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen,MN 55317 (952)227-1100 2