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07-20-94 Agenda and Packet AGENDA CHANHASSEN PLANNING COMMISSIOI` FILE WEDNESDAY,JULY 20, 1994, 7:30 P.M. CHANHASSEN CITY HALL,690 COULTER D: CALL TO ORDER OLD BUSINESS 1. Architectural Review for Detached Structure on Lot 4, Block 1,West Village Heights 2nd Addition. 2. An interim use permit to allow screened outdoor storage in the BF,Fringe Business District and located at 10500 Great Plains Boulevard, Admiral Waste Management. NEW BUSINESS PUBLIC HEARINGS 2. Amendment to the City Code to the BF,Fringe Business District to amend by adding additional permitted and conditional uses. 3. Amendment to the City Code to adopt the definition of "Bluff' to include citywide. 4. Amendment to the City Code and Comprehensive Plan to adopt the Surface Water Management Plan (SWMP) for the city. PLEASE BRING YOUR COPY OF THE SWMP PLAN. 5. Amendment to the City Code, Article XXVI,regarding the Sign Ordinance. APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS OPEN DISCUSSION ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 11:00 p.m. as outlined in official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If,however,this does not appear to be possible, the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. 4 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORA. M TO: Planning Commission FROM: Bob Generous, Planner II DATE: July 12, 1994 SUBJ: Architectural Review - West Village Center BACKGROUND As a condition of approval for Site Plan 93-7 and Conditional Use Permit 93-1 for the West Village Center, the applicant was to bring the detached commercial/office structure to the Planning Commission for architectural review. Condition 22 states, "The applicant shall be required to match detailing work for the detached commercial building with that of the main building. Prior to development of the outbuilding, the applicant shall come back to the Planning Commission for architectural review of the building design." The applicant is hereby complying with the condition. ANALYSIS Staff believes that the applicant has matched the detailing work of the main building. This includes the recessed panels, the cornice, the brick work and soldier courses, and the arched entryway. RECOMMENDATION Staff recommends that the Planning Commission adopt a motion approving the architectural detailing incorporated in the detached commercial/office building being developed as part of the West Village Center. ATTACHMENT 1. Submittal letter from Charles Wm. James dated 6/24/94 2. Revised detached structure elevation A dated 6/13/94 3. Byerly's elevation (sheet 4) dated 11/8/93 4. Strip center elevation (sheet 5) dated 11/15/94 5. Detached building elevation (sheet 6) dated 11/15/94 JAMES June 24, 1994 Mr. Bob Generous �, Planning Dept. ' l��`" _ City of Chanhassen c `-% • ti Box 147 - Chanhassen, Mn. 55317 Re: West Village Center Dear Bob: Enclosed is the revised elevation for the free-standing building to be leased to KINKO' S. As I recall, the Planning Commission wanted to informally re- visit the issue of the exterior elevations with the specific request that we raise the entrance arch above the parapet level to match Byerly' s. I believe we have responded to that concern. We have also matched the recess panel to Byerly' s, the cornice, the brick etc. We will be starting footings soon so I hope we can get this reviewed quickly and with informality. Please advise . Thanks you for your attention to this matter, Sincerely, / � �- Charles Wm. T.F. James Company P.O. Box 24137 Minneapolis Minnesota 55424 (612) 828-9000 REAL ESTATE DEVELOPMENT h I .. ..—. ! E. 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MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Sharmin Al-Jaff, Planner II DATE: July 28, 1994 SUBJ: Interim Use Permit to provide Outdoor Storage for Commercial Dumpsters located North and adjacent to Highway 212 and east and adjacent to Hwy. 101, 10500 Great Plains Boulevard, Admiral Waste Management, Inc., Mr. Patrick Blood and Ms. Nancy Lee On July 20, 1994, the Planning Commission tabled action on the Interim Use Permit application (IUP #94-1) for the second time, due to lack of detailed landscaping screening plans. At the time of preparing this update, the applicants had not submitted revised plans. Staff and the City Attorney will be meeting with the applicants and their attorney on the subject site to discuss screening of the dumpsters on Friday, July 29, 1994. We are recommending approval of this application with conditions. STAFF RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends the City Council approve Interim Use Permit 94-1 for the outdoor storage of dumpsters as shown on plans received July 7, 1994, with the following conditions: 1. The applicant shall demonstrate that the submitted landscaping screening plans will provide adequate screening year round. All final plans shall be approved by staff. Approved plans shall be implemented no later than September 15, 1994. 2. Hours of operation shall be from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday (work on Sundays and holidays not permitted). Admiral Waste Management _. July 28, 1994 Page 2 3. There shall be no outdoor speaker system. 4. The applicant shall : : • - - : - - . . - - : -- ` -. -.-- - . — comply with all conditions of the Minnesota Department of Transportation. 5. All compost materials, shall be removed from the site and disposed of properly. Removal of the materials shall be completed no later than July 15, 1994. (The tires, appliances, and furniture have been removed from the site.) — 6. The number of dumpsters shall be limited to a number that can be adequately screened, not to exceed 140 dumpsters. Only empty dumpsters may be stored on the -- site. 7. There shall be a yearly review of this site to ensure compliance. — 8. The length of the term shall not exceed 10 years. The use shall be terminated within one year of inclusion of the site within the Metropolitan Urban Service Area or if conditions of approval have been violated, whichever comes first. The applicant may request an extension for the Interim Use Permit prior to its expiration. ATTACHMENTS 1. Letter from William C. Griffith, Jr. dated July 26, 1994. 2. Planning Commission minutes dated July 20, 1994. — 3. Staff report dated July 11, 1994. - JAMES P.LARKIN LARKIN, HOFFMAN, DALY& LINDGREN, LTD.D. DANIEL L.BOW LES ROBERT L.D HOFFMAN ATTORNEYS A T LAW TIMOTHY THY J.E ANUS JD.KENNETH V D.KENNETH UNOGREN ALAN M.ANDERSON GERALD H.FRIEDELL DONNA L.ROBACK ALLAN E.MULUGAN MICHAEL W.SCHLEY JAMES C.ERICKSON USA A.GRAY EDWARD J.DRISCOLL 1500 NORWEST FINANCIAL CENTER GARY A.RENNEKE = GENE N.FULLER CHRISTOPHER J.HARRISTHAL JOHN D.FULLMER 7900 XERXES AVENUE SOUTH MICHAEL A.ROBERTSON ROBERT E.BOYLE BRUCE J.DOUGLAS FRANK I.HARVEY BLOOMINGTON, MINNESOTA 55431-1194 WIwAM C.GRIFFITH.JR. CHARLES S.MODELL JOHN J.STEFFENHAGEN CHRISTOPHER J.DIETZEN TELEPHONE 16121 835-3800 DANIEL W.VOS5 JOHN R.BEATTE , , JOHN R.HILL = LINDA H.FISHER FAX (612) 896-3333 PETER J.COYLE THOMAS P.STOLTMAN MICHAEL J.SMITH MICHAEL C.JACKMAN VIUS R.HOE JOHN E.DIEHL DWIGHT N.HOLMBO JON S.SWIERZEWSKI ANDREW F.PERRIN THOMAS J.FLYNN ANN M.MEYER JAMES P.QUINN FREDERICK K.HAUSER III - TODD I.FREEMAN MARY E.VOS PETER K.BECK LARRY D.MARTIN JEROME H.KAHNKE JANE E.BREMER GERALD L.BECK RENEE L.TOENGES JOHN 8.LUNDOUIST MARCY R.KREISMAN DAYLE NOLAN• MARIEL E.PIILOLA THOMAS B.HUMPHREY,JR. DAMON E.SCHRAMM JOHN A.COTTER• STEPHEN J.KAMINSKI BEATRICE A.ROTHWEILER PAUL B.PLUNKETT OF COUNSEL ALAN L.KILDOW WENDELL R.ANDERSON KATHLEEN M.NEWMAN JOSEPH GMS MICHAEL 8.LEBARON MARK A.RURIK GREGORY E.KORSTAD GARY A.VAN CLEVE• •ALSO ADMITTED IN WISCONSIN July 26, 1994 Elliott B. Knetsch, Esq. - Campbell , Knutson, Scott & Fuchs, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve _ Eagan, MN 55121 RE: Interim Use Permit for Outdoor Storage 10500 Great Plains Blvd. , Admiral Waste Management; Our File No. 18, 737 -02 Dear Elliott : This letter is a follow-up to our conversation of July 25 , 1994, regarding the above-referenced application. As you know, our client, Nancy Lee, was disappointed that she was not given the opportunity to address the Planning Commission as she had requested both by her letter, dated July 5 , 1994 and my letter, dated - ,T111y_19 , 1994 . We understood that the Planning Commission meeting was a continuance of the public hearing on Admiral Waste ' s application opened in this matter on June 15 , 1994 . Therefore, the action of the Planning Commission chair in tabling this matter without allowing my client an opportunity to speak violated her right to due process and contributed to unnecessary delay and additional costs to the applicant . I will attend the Planning Commission at its meeting of Wednesday, August 3 , 1994 to make a presentation on behalf of my client. In - addition, we request that the Planning Commission make a final recommendation to the City Council at its next meeting so that we have a timely decision with regard to my client ' s application. To resolve the matters regarding the required level of landscaping and/or screening, we have scheduled a site visit with you and I, and LAN, HOFFMAN, DALY& LINDGREN, LTD. Elliott B. Knetsch, Esq. -" July 26, 1994 Page 2 the applicant and City Planner, for Friday, July 29, 1994, at 3 :00 p.m. We will provide additional detail regarding plans for landscaping to screen the dumpsters on the property and will review the cleared location of compost. We appreciate your time in meeting on site. It should resolve the remaining issues with regard to required landscaping. Sincerely, CJ Wi - C. Griffith, . , for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. WCG: PW7s cc: Nancy Lee, Admiral Waste — Sharmin Al-Jaff Planning Commission Meeting - July 20, 1994 they've done some good massing on that west side so I feel real comfortable. That's all my questions. Scott: Good, any other discussion? If there's no more discussion, I'd like to have a vote on the question. Harberts moved, Conrad seconded that the Planning Commission approve the architectural detailing incorporated in the detached commercial/office building being developed as part of the West Village Center. All voted in favor and the motion carried unanimously. AN INTERIM USE PERMIT TO ALLOW SCREENED OUTDOOR STORAGE IN THE BF, FRINGE BUSINESS DISTRICT AND LOCATED AT 10500 GREAT PLAINS BOULEVARD, ADMIRAL WASTE MANAGEMENT. Sharmin Al-Jaff presented the staff report on this item. Scott: Any questions or comments for staff? Okay, any discussion? Conrad: Well yeah. We went from a request of 40 some dumpsters up to 100. We went from 58 dumpsters up to whatever. Mancino: 140. Conrad: And staff agrees. Because why? Al-Jaff: Originally it wasn't specified how many they wanted on the site so basically what we did was we went out and we counted how many dumpsters were there and we said... A letter came from the applicant requesting 140 so staff discussed this issue and we made the recommendation that as long as there is screening of those. As long as the screening works, then it would be. Conrad: Okay. Shielding 58 is different than shielding 140 or whatever that number is so Well, I still haven't seen a plan that shows me how it's done so I guess I'm, I think we could pass it along. But on the other hand our duty is to see it first and then pass our recommendations of the plan to the City Council and I still don't see a plan that's acceptable. So I guess I would have to recommend that we table this item until we see a plan that works. Mancino: What do you want to see in the plan Ladd? 3 Planning Commission Meeting - July 20, 1994 — Conrad: I don't know, just something that staff feels comfortable with. It'd be really easy for us to pass it along and just say hey, yeah it looks like a good plan but I think we just owe it, or we're owed a good plan that staff makes a positive recommendation on. Mancino: Yeah, I'd actually like to see in the plan where the 140 are. You know layout where they would be on the plan. Conrad: Yeah. It's not that this is a bad use. You know if it's screened, this could be a good use for the parcel. I don't have a problem with the use as long as there's some wording in the recommendation that I think has to be changed a little bit to make sure that we really don't have storage in the dumpsters. The applicant said there's no refuse or whatever but I really would want to make sure that that was specified in our language. But again, it's probably an acceptable, as long as the traffic and noise is handled, it's probably an acceptable use for that. But again, we need a plan that we can see that staff has shown us works. Scott: Okay, any other questions or comments? Okay. Can I have a motion please? Conrad: I would move that we table this particular item, the interim use permit to provide outdoor storage for commercial dumpsters per the staff report. I would have it tabled until the applicant and staff can present a screening plan that meets staff's requirements. Scott: Okay. Is there a second? Mancino: Second. Scott: It's been moved and seconded that we table the item. Is there any discussion? Ledvina: Yes. I also think that we should know specifically where the dumpsters are going to be stored on site. It's a rather large site so we, I need to know what space 150 dumpsters occupies and then that those dumpsters are going to be screened. So I think just to, I think you said that but just to also know where those dumpsters are being stored. Mancino: Yeah. I have a question on that. We're asking for screening right now and I mean one of the only ways we'll get it is to get either a perspective drawing or something perspectively that we're on TH 212 and either they're going to berm or not and then how, if we're going to see 42 trees there, how tall are the trees. And if the trees are 6 feet tall, the span of a 6 foot tall spruce is going to be 4 feet. So if you only have 42 trees, I mean how much screening is that going to be if it's 6 feet tall? So we need to know the height and if we're talking about screening all year, or complete screening, we're going to have to know how tall the trees are and what the span is. 4 Planning Commission Meeting - July 20, 1994 Scott: And then bearing in mind that there's a 20 foot change in elevation over the area where they could be potentially stored so. Ledvina: The criteria though for screening is from the highway 212. That's what we're talking about. Okay. Scott: Yeah. Mancino: And there may even need to be a little bit of berming to help in that height because the trees will start out at 6 feet and it really won't do it. And it takes them about a couple years to really start growing. So and then they'll start after 2 years growing about a foot a year. But the most screening you'll get from a coniferous tree is about 15 feet wide. I mean it grows 15 to 20 is the widest and that's after 25 years. So I mean there needs to be some calculations and looking at it. Scott: Any other comments or questions? Al-Jaff: Mr. Chairman? Scott: Yes. Al-Jaff: Do you have any comments regarding... Ledvina: The time line. The term of the permit. Are we talking about 15 years? Or MUSA line extension, whichever comes later. What? Al-Jaff: We're recommending that it be 10 years or until the MUSA. Ledvina: Whichever comes first. Al-Jaff: Correct. The applicant is requesting that that be changed to whichever comes later. We're also recommending that the applicant be permitted to request an extension for interim use permit prior to it's expiration. Conrad: Are there a lot of costs in developing this property to the point where it can take the dumpsters? Are we imposing a lot of financial hardship? Are we imposing a lot of financial tasks that appear unreasonable? Have we asked for paving? Al-Jaff: Paving of the property? 5 Planning Commission Meeting - July 20, 1994 — Conrad: Again, when you do a 10 year permit, that's a long time. I would do that if I thought we were imposing some real financial hardships. I think that it's important to get some security. But I don't know right now that we are. I think we're asking for screening. - Anything else? Mancino: Well one time the building was. Scott: Well that was the original. Conrad: You know you put a building there, you need the return. You need time to get a return on that building. Really they need a time period to get a return, right now, on the screening, which are trees. Which could be 42 trees. Probably more. And I'm not sure that the 10 years is, if I were them I'd want the 10 years. I'd want to know that there was a chance for re-issuing the permit and I think we can probably, if they run a good operation, which I'm sure they would, I think we would renew that. But I'm not sure that the 10 years is necessary right now. It could be 5. Ledvina: Yeah, I think we talked about 5 last time. Conrad: But again, it's all based on finances. If they have to put a lot of money in, then I'd say 10. I don't see it so I think 5 looks pretty good. I think the other thing the applicant will probably care about is the hours of operation. You know 7:00 a.m. to 6:00 was struck and now it's 9:00 to 5:00 and 9:00 to 5:00 is not really a commercial type operation so. I would think that they'd be very nervous about that. Those hours. Scott: Any other comments? Mancino: On recommendation number 6. The second sentence. I would just add, only empty dumpsters may be stored on the site. And I agree with Ladd on the 5 years and hours _ of operation. I didn't know that they worked on holidays. Picked up waste on holidays. It's interesting. Al-Jaff: I believe this was an item of discussion at the last meeting. It's on page 38 of the Minutes. And the request was to, page 39. I'm sorry. Top of the page. That the hours be changed Saturday to. Conrad: See those are Saturday hours. That may be but not Monday thru Friday. Monday thru Friday, that's just not reasonable. I think we should leave them with the typical 7:00 to 6:00. 6 Planning Commission Meeting - July 20, 1994 Al-Jaff: On weekdays and then. Mancino: 9:00 to 5:00 on Saturdays. Conrad: 9:00 to 5:00 on Saturday I think is right. Al-Jaff: Alright • Scott: Anything else? Conrad moved, Mancino seconded to table interim use permit to allow screened outdoor storage in the BF for Admiral Waste Management. All voted in favor and the motion carried unanimously. PUBLIC HEARING: AMENDMENT TO THE CITY CODE TO THE BF, FRINGE BUSINESS TO AMEND BY ADDING ADDITIONAL PERMITTED AND CONDITIONAL USES. Public Present: Name Address Verne Severson 675 Lakota Lane Tim Wise 425 Lakota Lane Leon & Delores Mesenbrink 250 Flying Cloud Drive Nancy Lee Admiral Waste Management Patrick Blood Admiral Waste Management Jim Sulerud 730 Vogelsberg Trail Richard Vogel 105 Pioneer Trail Willard Halver 470 Flying Cloud Drive Sharmin Al-Jaff presented the staff report on this item. Scott: Any questions or comments? I just have one. When you're talking about some of that property being zoned or rezoned to a higher use level, is that something that would come about due to, first of all the MUSA line being available? And then, we would basically see what sort of development plans would come in and if it happens to be a PUD, it would be a PUD. If it happens to be, is it depending upon. 7 CITY 4 F tot 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Sharmin Al-Jaff, Planner II e , DATE: July 11, 1994 SUBJ: Interim Use Permit to provide Outdoor Storage for Commercial Dumpsters _ located North and adjacent to Highway 212 and east and adjacent to Hwy. 101, 10500 Great Plains Boulevard, Admiral Waste Management, Inc., Mr. Patrick Blood and Ms. Nancy Lee _ On June 15, 1994, the Planning Commission tabled action on Interim Use Permit application (IUP #94-1) due to lack of detailed landscaping screening plans. The applicants have submitted revised plans, however, they show minimum detail and do not demonstrate that the dumpsters will be screened from views from Highway 212. Highway 212 is at an elevation -- of 728. The applicant is proposing to locate the dumpsters at an elevation of 752 to 756. There is over 20 feet difference between the two elevations. The applicant is proposing to install a 100 foot long chain link fence if needed and several Norway Spruce trees (the - submitted plans show a total of six trees). Existing trees on the site lose their leaves during the fall and winter months, leaving the dumpsters exposed for at least half the year. It is the applicant's responsibility to demonstrate that these dumpsters will be screened year round. — In an attached letter dated July 5, 1994, the applicant is requesting up to 140 dumpsters be permitted on the site. Staff recommends that the number of dumpsters be limited to a number that can be adequately screened, not to exceed 140 dumpsters. Again, it is the applicant's responsibility to demonstrate that all dumpsters on site are fully screened year round. A second request from the applicant is a 15 year term length, or at the time the property is included in the MUSA, whichever is later. We believe that this is a lengthy term and _ recommend it be limited to a maximum of 10 years. We are also recommending the use be terminated after one year of inclusion of the site within the Metropolitan Urban Service Area or if conditions of approval have been violated, whichever comes first. Admiral Waste Management July 11, 1994 Page 2 The applicant is questioning when the subject property be included within the MUSA. Staff does not foresee this happening within the near future. We cannot focus on an exact number either. We are recommending approval of this application with conditions. STAFF RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends the City Council approve Interim Use Permit 94-1 for the outdoor storage of dumpsters as shown on plans received July 7, 1994, with the following conditions: 1. The applicant shall demonstrate that the submitted landscaping screening plans will provide adequate screening year round. All final plans shall be approved by staff. Approved plans shall be implemented no later than September 15, 1994. 2. Hours of operation shall be from 7:00 a.m. to 6:00 p.m. 9:00 a.m. to 5:00 p.m, Monday through Saturday only (work on Sundays and holidays not permitted). 3. There shall be no outdoor speaker system. 4. The applicant shall .... - .. _ - - - - -- - - comply with all conditions of the Minnesota Department of Transportation. 5. All compost materials, shall be removed from the site and disposed of properly. Removal of the materials shall be completed no later than July 15, 1994. (The tires, appliances, and furniture have been removed from the site). 6. The number of dumpsters shall be limited to a number that can be adequately screened, not to exceed 140 dumpsters. Only dumpsters may be stored on the site. 7. There shall be a yearly review of this site to ensure compliance. 8. The length of the term shall not exceed 10 years. The use shall be terminated within one year of inclusion of the site within the Metropolitan Urban Service Area or if conditions of approval have been violated, whichever comes first. The applicant may request an extension for the Interim Use Permit prior to its expiration. Admiral Waste Management July 11, 1994 Page 3 ATTACHMENTS 1. Staff report and Planning Commission minutes dated June 15, 1994. 2. Letter from the applicant and revised plans dated July 5, 1994. CITY OF P...,: DATE: 6-15-94 I CIIAHAE C.C. DATE: 7-11-94 y CASE: 94-1 IUP BY: Al-Jaff STAFF REPORT PROPOSAL: Interim Use Permit to provide Outdoor Storage for Commercial Dumpsters Q LOCATION: North and adjacent to Highway 212 and east and adjacent to Highway 101. Address: 10500 Great Plains Boulevard U IDAPPLICANT : Admiral Waste Management, Inc. Mr. Patrick Blood and Ms. Nancy Lee a.... 714 West 3rd Avenue Q Shakopee, MN, MN 55379 PRESENT ZONING: BF, Fringe Business District ACREAGE: 13.27 acres ADJACENT ZONING AND LAND USE: N - A-2; large lot single family residential and abandoned Railroad Right-of-Way S - A-2; Minnesota River Valley E - BF; Vacant commercial (previously sold used cars) Q W - BF; existing Brooks Motel 4 SEWER AND WATER: Services are not available to the site. SITE CHARACTERISTICS: W The site is undeveloped and contains the footings of a demolished farm house. Vegetation is concentrated along the parameters of the site. The center of the site is void of vegetation. There is a Natural Wetland located along the south edge of the site. There is an intermittent stream located to the southeast of the site which drains into the Minnesota River Valley (Wildlife Refuge). 2000 LAND USE: Commercial Admiral Waste Management — June 15, 1994 Page 2 PROPOSAL SUMMARY The applicant is requesting an Interim Use Permit to store commercial dumpsters on property zoned BF; Fringe Business District. The site is located north and adjacent to Highway 212 and east and adjacent to Highway 101. Access to the site is gained off of Hwy 101. There are no proposed structures on the site with the exception of an opaque fence proposed along the south edge of the site to provide screening for the dumpsters. Detailed plans for the fence have not been submitted. City ordinances also require that landscaping be used in - conjunction with fencing. There is existing vegetation on the site; however, it does an inadequate job of screening the site from views off of Hwy 212. There are some existing violations on the site that staff discovered while visiting the site to prepare this staff report. There is a large number of tires, some furniture and appliances dumped in a drainage swale located southeast of the site. The area is shaded by trees, — providing ideal mosquito breading grounds. The water flowing through this swale feeds into the Minnesota River Wildlife Refuge located south of the site and Hwy 212. Compost materials have also been dumped on the site. Commercial composting is not a permitted use in the city. The applicant shall discontinue bringing compost material to the site and clean up the existing materials dumped on the site. Staff is recommending approval of this application with conditions outlined in the staff report. BACKGROUND On February 8, 1988, the City Council approved a Conditional Use Permit for a Contractors Yard on this site. Conditional Use Permits expire within one year unless substantial work/construction has taken place on the site. The applicants had delayed their construction of the improvements due to anticipated changes in their operation specifically for recycling. On February 27, 1989, the same application appeared before the City Council for an extension. The City Council moved to deny the extension. On November 30, 1993, staff responded to a complaint regarding outdoor storage of - dumpsters on the applicant's property. Staff counted approximately 50 dumpsters and noticed compost material hauled onto the site. Staff sent the applicant a letter informing them that the outdoor storage taking place on their property located at 10500 Great Plains Boulevard is illegal. We also stated that all fifty dumpsters must be removed from the site by December 17, 1993. We advised the applicants that no further dumping of compost materials be permitted, and any such materials currently located on the site must be removed. Admiral Waste Management June 15, 1994 Page 3 Staff, the applicant's attorney, and the city attorney began meeting to resolve this issue in December of 1993. An agreement was finally reached as shown in attachment #3. As a result of this agreement and to fulfill its conditions, the applicant is making this application. On May 5, 1994, staff visited the site again. We noticed 58 dumpsters, which we viewed as an increase to the origina ount. The applicant sent a letter stating that they have not added any new dumpsters. On May 19, 1994, staff vi,:ted the site and documented the serial numbers of all dumpsters on site. There was a total of 58 dumpsters. On that same day, we discovered a large number of tires. We were unable to count them. They were dumped in a drainage swale in a pile. We also discovered the furniture and appliances dumped in the same location. INTERIM USE PERMIT The applicant is requesting an Interim Use permit for the outdoor storage of commercial dumpsters. The purpose and intent of an IUP, as defined in Sec. 20-381 of the zoning ordinance, is to allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction, and to allow a use that is presently acceptable but that with anticipated development will not be acceptable in the future. Sec. 20-383. of the Zoning Ordinance lists the following criteria for issuance standards: A. Meets the standards of a conditional use permit as outlined in section 20-232 of the City Code. The following constitutes our review of this proposal against conditional use permit standards. GENERAL ISSUANCE STANDARDS 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. FINDING - The site is zoned BF. The proposed use will not create any significant or unexpected impacts from this use if screened properly; no dumping of compost or miscellaneous material will occur. All dumping shall occur in the approved dumpsters only. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Admiral Waste Management June 15, 1994 Page 4 FINDING - The proposed use would be consistent with the City Zoning Ordinance. We will be making recommendations to address the screening of dumpsters to ensure they are not visible from Hwy 212. 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. FINDING - The site is located adjacent to a major highway and a collector road. It is in the Fringe Business district. The site does not have access to sewer and water, thus there are limited types of commercial uses permitted within this zone. An outdoor storage facility is fully consistent with this site as long as it is appropriately screened. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. FINDING - There will be no measurable impacts to the existing or planned neighboring uses. This use will be screened from the surrounding area with the exception of the property located to the north of the site and on top of a bluff. It is impossible to screen the dumpsters from the northerly view, short of constructing a storage building and storing the — dumpsters inside it. 5. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. FINDING - The site will not require sewer and water. Access to the site is gained via Hwy 101. It is capable of handling the access needs of this proposal. The applicant should obtain an access permit from MnDOT and comply with their conditions. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. FINDING - There are no projected needs for public facilities and services that staff is aware of. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare Admiral Waste Management June 15, 1994 Page 5 because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. FINDING - This site will not create adverse impacts to persons, property or the general welfare of the area as long as there is compliance with the conditions of approval. Hours of operation and orientation of the storage area will be regulated under the conditions of approval. We are recommending that the tires, appliances, furniture, and compost material be removed from the site. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. FINDING - The site is visible from a major highway and is accessible from Hwy 101. The number of trips to the site will depend on demand for dumpsters. There will be no direct traffic impacts to any area residential neighborhood. The applicant must obtain an access permit from MnDOT and comply with their conditions. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. FINDING - The development of this site will not result in the loss of any features once screening of the site is implemented properly and removal of the tires, compost materials, and appliances has taken place. 10. Will be aesthetically compatible with the area. FINDING - The applicant must provide adequate landscaping and buffering from adjoining properties to make the site compatible. 11. Will not depreciate surrounding property values. FINDING- Benning and additional landscaping of the site will be required as a condition of approval. This added element will improve the appearance of the area. It will not depreciate surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. FINDING - The following is our review of conditions of approval and appropriate findings: Admiral Waste Management June 15, 1994 Page 6 a. All outdoor storage must be completely screened with one-hundred percent opaque fence or landscaped screen. FINDING - As a condition of approval, the applicant must submit a landscaping/ screening plan. B. Conforms to the zoning regulations, is the second issuance standard for an IUP. Outdoor storage is permitted under the BF district as an Interim Use Permit. This — allows the Planning Commission and City Council to attach conditions to the proposal. Sec. 20-1180 of the Zoning Ordinance addresses screening for visual impacts. Outdoor storage is required to be screened from all public views by a combination of — fences, walls, earth berms, hedges or other landscaping materials. The applicant must submit a detailed screening plan for review and approval. C. The use is allowed as an interim use in the zoning district. The use is listed as an interim use in the BF district. — D. The date of event that will terminate the use can be identified with certainty. Staff is proposing that the use be terminated after one year of inclusion of the site within the Municipal Urban Service Area or if conditions of approval have been violated, whichever comes first. — E. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. — The proposed use will not impose any additional costs on the public. — F. The user agrees to any conditions that the city council deems appropriate for permission of the use. — The City Council can attach any conditions they deem appropriate. Based upon the foregoing findings, staff is recommending that the interim use permit be approved with appropriate conditions. Admiral Waste Management June 15, 1994 Page 7 STAFF RECOMMENDATION 1. Submit a detailed landscaping screening plan with grades showing the location of the dumpsters in relation to the proposed and existing screening materials for approval. Approved plans shall be implemented no later than September 15, 1994. 2. Hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday only (work on Sundays and holidays not permitted). 3. There shall be no outdoor speaker system. 4. The applicant shall obtain an access permit from the Minnesota Department of Transportation and shall comply with all conditions of the permit. 5. All compost materials, tires, appliances, and furniture shall be removed from the site and disposed of properly. Removal of the materials shall be completed no later than July 15, 1994. 6. There shall be no more than 58 dumpsters stored on the site. Only dumpsters may be stored on the site. All material stored on the site shall only be located in the dumpsters. 7. There shall be a yearly review of this site to ensure compliance. 8. The use shall be terminated after one year of inclusion of the site within the Municipal Urban Service Area or if conditions of approval have been violated, whichever comes first. ATTACHMENTS 1. Letter from Sharmin Al-Jaff dated November 30, 1993. 2. Letter from William Griffith, applicant's attorney, dated January 11, 1994. 3. Agreement to suspend prosecution. 4. Letter from William Griffith, applicant's attorney, dated May 12, 1994. 5. Letter from Nancy Lee dated May 12, 1994. 6. Application submitted April 28, 1994. 7. Staff report and City Council minutes dated February 27, 1989. NANCY LEE 1 PATRICK BLOOD ADMIRAL WASTE MANAGEMENT , INC . P .O . BOX 377 SHAKOPE E , MN . 55379 496-3053 1 `.I ... .._ 7. 4,1- C. • :.�.I 1 - I D r _` e C ' : n . MN . 55317 I !��ri , r th; s ,t to 7 • t 1 are information ion you I_ry „ .,.y 8 , 1994 so w ; 71 't,• puce' on the July 20 , 1994 Planning Commissio'- ;i1 np . 1 /c. 7 with _ 1i Warden of Mn�07 . He said that. ,Je do nee : i ecce pt. at this time . He also said that he - e. _ '•Jci_t [' _:i ??gee eompia_ nt about us/our usage of the property . . •- . Nuf,'h , of Containers : We are eying for the IUP to store our dumpsters as needed . s,e w_ ii coopiy with the screening requirements . Based upon the ? Y••-r: n_ rl oposed and the elevation of the property , 140 dumPster can be stored on the property without creating a l isua. rr. is&nce . I,_'r. Term • .-. I had p? eviouely requested information on MUSA and the time frame for extension of the MUSA to include our property . Please 4 irovide this information . We c;,.,. a term of 15 years , or at the time the property i the MUSA , whichever is later . A RECEt L JUL 0 ' 1994 �;1?Y ;jr >1NA -ASSFr, 4 . Screening/Landscaping: Fnelosed is a detailed plan showing the land as it appears on _ the sirveys . Also listed on this plan are : 1 Grade Levels . ` 2 . 100 ' rercc . 3 . Area where containers will be placed . LThe -. •rend pier, shows a side view with grades and location of The th hd plan .s a copy of the first plan detailing the lc ; of trees to be planted , with the circle showing what their n: !.uie size will be . We plan to plant them every 15 feet . I n- alcd. tr h ecreened is on the south side of the property , t h�- frontage being Highway 212 . The only containers that can be :>cet; from our property on Hwy . 212 are the containers that were further up the hill . The containers that were placed lower were never visible because of the elevation of the oro pe: ;.y . Thls frontage is full of assorted trees , bushes , and plan't-.• . Th.- trees are mature with approximately 25 foot or t` wide: .._ ?here is one area of 100 ' thdt is not fully mature trees , however it is fully screened with e d ply nts several feet tall . It is this area that we er:opr -•- p',-- 7110 a 100 ' chair: link fence if necessary . d7 ' - ad hushes and plants as cover age there , but we pi,:nt several Norway Spruce in this area as well . L ; -eE . rc.w fast , are hcirdy to -40 degrees F . , and grow r w h _ of 35 ' and width of 20 ' . We already have • eer. c:, :� are waiting to plant these 1 1/2 ' and 2 ' L t - r,i' c t e :ompre is of this City process . • .r to the Lack oc the property on the North side thc>t r; i.re two more sets of tree lines before you reach the o;>erty . The West side of the property is completely Hy t hE tree line . The East side of the property is screened by rolling hills . ,_kc:e we p': ac.e our containers is already very well L t t!--;cv wry it is right now , this will be shown by a Vj&o t>r�operty at the Planning Comission hearing . ^' �a = c �: c'• =c,.-;pment so that we may review this video with the v; e :71l- Commission . L. Sincerely , L. Nancy Lee L. Vice P e i d e :11. cc : ^.t. � . Griffith 1 cc : ilii . tai Krietsch , City Attorney 1.. L . • -: .--,•-•. ., .;:. ..!'".-s-A.:.,:,,r3.- -•,,•ti-:c-, • -,,-- ; v,-,-1.-sr:,:f-..:- 4- .-....... _ . Q ::_1-.... , , . :, -.-.-.4.3k- , _ ......... - -. AO . i ,,,,,_".1 t...j..... , . - . -.L. . : , 2- ' 41-:-:‘ 4 ..1---L t"s' ' ' .I; •,. ' . •. • ,0 ..1 -,:. • : :- - ',..,Vr;• . .- "' • . 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'i'-..-_*:•.._`4t."-,,v4.4.4...."";4:10•-% . _ '..'-'•-.. .- ,• -,,,:.-:-- .E.,11.1.t: 2 r.,.,,,,,=,....„.;:.1_,,,...t.--.:,-.:.-. .-__:.....:::"....-:.-:_,-7:- ._. c --:,....4'.. ..."- -- -,.• - . . • - 44.44 ....._ . iv In - . . . ..-t.r.,,..--1--3/4. ,i,t,.. v.-v. .- ., - . _ -, - i -". -..ie..OW ,.. .- • - . . Planning Commission Meeting - June 15, 1994 Aanenson: It goes to City Council on July 11th. Conrad: It's real important that you stay there. Scott: Don't be on vacation. Good. Conrad: Go to the City Council meeting. Scott: Yeah, July l lth. And check the agenda to make sure it's actually on too. Good. Thank you all for coming. PUBLIC HEARING: AN INTERIM USE PERMIT TO ALLOW SCREENED OUTDOOR STORAGE IN THE BF, BUSINESS FRINGE DISTRICT LOCATED AT 10500 GREAT PLAINS BOULEVARD, ADMIRAL WASTE MANAGEMENT. Public Present: Name Address Laverne Wheeler 445 Lakota Lane Nancy Lee Admiral Waste Patrick Blood Admiral Waste Verne Severson 675 Lakota Lane M. Happy 495 Lakota Lane L.M. Campbell 415 Lakota Lane Sharmin Al-Jaff presented the staff report on this item. Scott: In your opinion, how responsive has the applicant been to, I mean I read the staff report and it seems like there's, the city of Chanhassen is kind of chasing these people and spending a lot of time trying to get them to conform existing agreements. Have they been somewhat uncooperative? Very uncooperative? I'm trying to get a sense for what the relationship is because, the reason why I'm asking the question is I recall last year we had a contractor's yard situation where it was pretty much a mess and there was a lot of legal time spent on both sides. The intent that I perceived on behalf of the applicant was that they had no intention of conforming to anything and I'm trying to separate these two issues. Hoping that we're not running into the same thing again. Al-Jaff: Yes. We spent some time working on this. I think that the applicants had some 35 Planning Commission Meeting - June 15, 1994 personal, I think a member of their family was taken ill and they had to leave town for a while so a lot of the meetings were postponed that were scheduled and some of the reasons were legitimate. It took us a while to reach an agreement but we did reach an agreement. Scott: Okay, enough said. Questions. Comments from commissioners for staff? None? Okay. Would the applicant or their representative like to speak? Is there anyone here? Nancy Lee: My name is Nancy Lee. I'm the applicant. I don't know where to start and I don't want to get long winded. We are, and always have been in the past, 100% cooperative. I think for anybody...I don't know if any of you received the letter that I had sent as a back- up to...If you looked at the...We did not build anything on the property...It was brought to our attention...and if you notice the dates...We want to be as cooperative as we can. We thought we were alright in having our containers on the property. In the letters...We want to do a lot more with the land. We did have conditions...was denied, even though at the...wrote a nasty letter and told we had to get them off right away. We contacted the city to see what could be done. We are, we worked with the city right away. The first meeting was with their attorney...Those pictures, I'm not aware what you're looking at. I know I had taken pictures earlier... Conrad: Is there ever any refuse in the containers when they're on site? Nancy Lee: No. They're construction containers that we take to the sites but we don't fill them with garbage. Conrad: And is the 58 number that staff has proposed acceptable? Nancy Lee: No it's not... Conrad: I guess I'm not sure why, when did you start storing these there and under what? Nancy Lee: They've been there since we had the conditional use permit. Conrad: And the conditional use allowed this? Nancy Lee: Yes it did. We have a letter from. Conrad: Allowed dumpsters? It said that we allow dumpsters? Nancy Lee: I have a letter from Barb Dacy, the previous city planner, and she had a limit on what... 36 Planning Commission Meeting - June 15, 1994 Conrad: You're aware of what our, this business district is all about? Do you know what we're trying to do down there and what we're not trying to do? Have you talked to staff about the intent of the. _ Nancy Lee: ...I know we haven't had a lot of direct answers. Conrad: Well it's in print. It's in print so you can always go and ask staff to say, what are they trying to do in that fringe business district. You should do that just so you know how we react when we look at an application. Thank you for your comments. — Nancy Lee: Well actually on that, I don't know if you'll remember or not, we have been trying to find out from you... — Conrad: You know and I'll fill in and maybe because you may not get to the report but that area is a pretty area. And the intent typically has been down there that we don't want to -- intensify. Yet there were businesses there and we didn't want to harm their right because they had that business. And so under that, we have a very natural looking area. We have an area that's not serviced with Chanhassen services. In terms of water, sewer. We're trying to -' maintain that area in terms of it's natural appearance but give business an opportunity to survive. But really not to grow because it's not serviced and we have these other conflicts. So I think if you had looked at the intent, and the intent has been there for quite a while. — Since I've been around, for that particular district, I think that would tell you what you can and can't do and maybe might tell you why staff might react to some of the things you do the way they do. But again, thanks for your comments. — Mancino: I have a question for Ladd I guess. In Barbara Dacy's conditional use permit that _ was given, there was a limit of 50 dumpsters when the conditional use permit was granted. Is that correct? Al-Jaff: With that conditional use permit, they were going to have a building actually. There was supposed to be a garage and an office. Mancino: Oh, and the dumpsters were supposed to be in the building. Al-Jaff: They were going to have vehicles stored in that area and it was...I mean it was — indoor, enclosed storage and. Mancino: It was just never done? — Al-Jaff: Nancy, do you want to elaborate? 37 Planning Commission Meeting - June 15, 1994 Nancy Lee: Yeah. It was going to be...It was a garage...and outdoor storage. It was...That's not true...We would like to build on it. A building would be wonderful but there... Scott: Are there any services to that site? Electricity, water, sewer. Al-Jaff: Definitely not sewer and water. No. It's outside the MUSA area. Scott: But electricity though. They could get electricity. Nancy Lee made a statement that was not picked up on the tape. Scott: Okay. So this was originally a conditional use permit. It was a lot like the contractors yard where 12 months you have to have substantial construction, etc, etc. Okay. Nancy Lee: We were originally told that garbage companies don't fit anywhere...we were told that we would be under a contractors yard and we also applied for...so we did that and that's how they granted... Then when we had that change so that we would fit in that category, according to what they wanted us to do, then...So we don't fit anywhere in an area with contractors yards and everything else. Mancino: Sharmin, tell me about the operation hours and days. I see 7:00 in the morning until 6:00 at night. Al-Jaff: On weekdays. Assuming that...or to take a dumpster. Mancino: But I see that's Monday thru Saturday. Aren't there homes in that area? Al-Jaff: There is one part of the site. There are two... Mancino: Do we usually in the business fringe allow the Saturday, the 7:00 in the morning until 6:00 p.m.? And is there a need? Nancy Lee: There's quite a distance...property but I think people would have to come to the very edge of their property to even see on our land. We're down by 212. And they're up over the railroad tracks and they have to go...There's not a lot of activity... Mancino: Would you support keeping those hours as the area gets developed? Around it. And is there a way to change those if you get more development around? Aanenson: Sharmin has indicated that there are, the neighbor...has complained but the 38 Planning Commission Meeting - June 15, 1994 recommendation... Mancino: Well I would certainly, I don't care whether it's one house or 10 houses. Saturday at 7:00 in the morning would not, I would change those hours on Saturday to 9:00 to 5:00 as reasonable for people living in that area. No other questions at this time. Scott: Any other questions or comments for the applicant? No? Do you have any other comments you'd like to make? Nancy Lee: No. Scott: Okay, thanks. Would anyone else like to speak at the public hearing? Yes sir. Please identify yourself and give us your address. Verne Severson: I'm Verne Severson and I'm the property owner who's directly north of the lot in question. So I have a few thoughts that I guess I'd like you to think about and then I have a list of problems... First, I guess living in the south end, and having to pay what we feel are very high property taxes and we don't get the same benefit or advantages that other residents of Chanhassen have, we don't have the, like in city parks, we don't get playgrounds. We're forced to use a Chaska address and we're living in Chanhassen. And it's always been a safety issue. We don't have sewer and water. We have difficulty getting our local street paved or properly maintained and we get no help in our request for, to make Highway 101 safer for walking and biking and jogging. And then our desire to work on taking advantage of the abandoned rail corridor, which was met with great disinterest by the city. So overall we feel that we're somewhat ignored by the city and so when something like this comes up, it peaks our interest. The problems we have, these are I think quite simple. One is we have high expectations of our quality of life in Chanhassen. It's a prestigious city and we want to be part of that but we feel that the noise and smells and the views of dumpsters aren't really consistent with that. I don't know, I guess it's been commented that the site is presentable but I tend to disagree with that. I think it is quite ugly really. We can't see it from our house but people who walk on the trail along there can see it...And number two I think, and those are selfish reasons of course. Number two, I think Chanhassen should be concerned... This is the southern entrance to Chanhassen. State Highway 101, people come up there. I know that that area's been called ugly town and it has been quite ugly and is still quite ugly but I think that you as city planners should be trying to be considering that. Trying to at least improve that...and do it quickly and rapidly but maybe you should just be concerned with Chanhassen and start working on that.. Like I mentioned, it is the southern entrance to Chanhassen and also there's the biking and hiking trail to be developed along there so you'll have more people to have a view of that area. It's a very pretty area and I guess I'd like to see it kept for... And third, we're being asked to make some sacrifices. Especially the 39 Planning Commission Meeting - June 15, 1994 concern of the preservation of the bluff area. There's some restrictions being put on us because of that. And I guess I feel our neighbors should also help preserve the area and keep it looking nice. The report, the staff report says they didn't feel the property value would be decreased by that. Well, I guess I'd dispute that. A dumpster is a dumpster and a dumpster really is a garbage, it's associated with garbage and that's not good for your property value. And I guess my last point is that, approving this area for storage of dumpsters is one thing and maybe something can be worked out where that can be allowed but what happens is that leads to something else. And we're afraid that if that's allowed, that something else is going to be...and uglier and it will be difficult to stop so it comes back to my first point I guess. I guess I feel that you should be paying a little more attention to the area at the south end of Chanhassen and try to pay as much attention to us I guess as you do to the Kings Road area. Thanks. Scott: Good, thank you sir. Anyone else like to speak at the public hearing? Yes sir. Laverne Wheeler: My name's Laverne Wheeler. I live at 445 Lakota Lane. Just down the block to the east. I just second what Verne had said and I just had a couple questions that people might answer for me. A commercial dumpster. I have an image of what it is but, and what it might contain but maybe if I was informed a little more on the type of materials that these things contain and if there are any refuse left in them at the point when they're stored at all. Conrad: They said no. Laverne Wheeler: They're...and cleaned out. Scott: Has the applicant seen those pictures? I don't think she has. Laverne Wheeler: I would just, in talking about making that area more presentable, I think this abandoned railway and improvements that are happening there is just an outstanding thing to improve that area for both the residents of Chanhassen and people who might enter and leave through that gateway. And if the storage site can be screened from those people adequately, with something that's attractive. The dumpsters are clean and neat dumpsters. I mean something that we...other things, I don't object to dumpsters. I've got one in my driveway right now because I've been improving but I think if we can find a way to either collect them in an area where they could be screened entirely from view of the people who are around there. If they don't provide an odor or don't support animals or anything like that, I wouldn't have a problem. But I would encourage some dramatic screening so that the items themselves can't be viewed. 40 Planning Commission Meeting - June 15, 1994 Scott: Good, thank you. Would anyone else like to speak? Seeing none, I'd like to have a motion to close the public hearing please. Conrad moved, Mancino seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Farmakes: I'd agree with the residents. For Chan's future, I think that those type of uses along that area have got to go. For some reason along that road just seems to be a magnet to that type of use. I guess I wasn't back here in the 50's and 40's and. Conrad: No, I haven't been on here that long. Farmakes: I think it's pretty obvious. I don't know if waiting until the MUSA expands there is necessarily criteria that we should use for that. Mancino: Well then what would be it based on? Farmakes: Well for instance, we have some developments, large lot developments that squeezed into those areas before we get MUSA and it increases the population. I think the criteria being that there's going to be enough people to object to that type of usage. Kind of does the trees fall until you hear it. We're talking about an area that not only us but the federal government are looking at trying to enhance and I'm not against approving this permit but I'm wondering if we should entertain a time limit for review or if we're just going to leave it open ended criteria for it. I'm not sure how you do that with an existing use that is incompatible, or you think is incompatible long term with the goals of the area. How is the position that we take to nudge that out and allow the person a reasonable amount of time to make arrangements elsewhere. Conrad: See we don't have a master plan for this area. If Tim Erhart was here, he'd love this conversation because he's always been real concerned with that corridor. And we don't have a plan and the only thing that's going to force the plan is city services down there and then you can start doing something but nobody's really said let's turn it into a preserve because you'd have to buy it. There's no money to do a natural thing down there so therefore we've always taken the easy. Well I don't know if it's the easy way out but nobody's had a vision Jeff to really do something that might be quite different. So therefore status quo has been. Farmakes: And I'm not talking about initiating this now. I'm just talking about in the future. Whether that 10 years from now. It seems to me that a master plan will be done for that area 41 Planning Commission Meeting - June 15, 1994 prior to sewer and water going there. And I'm just, they're talking about fringe businesses and some of the other ones that we see along that road. Either mining operations or the type of thing that you would not expect out here. The reason that they haven't been objectionable is it is an isolated area. But long term, and in particular. Not just...federal government is becoming more involved in that area. We may be thinking about what we should do long term planning with that area and again allow some reasonable time for the business owners of that area to. Conrad: You're thinking right but we don't know so it's hard to tell. We shouldn't really make up something out of the clear blue. Aanenson: Can I just make a comment? When we went through the goals with the City Council, we promised them that we'd start working on the, we had the 1995 study area south of Lyman and as you know we put together what we're doing in the agenda...but we've committed to the Council that we were going to try to wrap in the BF district in the 1995 study area and start working on that this fall. So in short...we also have to start looking at the BF district...so we have committed to the Council that we'll do the 1995 study area...It is a priority. Mancino: So are you saying you would feel comfortable with a recommendation that not only, you whichever is less then, the use shall be terminated after one year of inclusion of the site within the Municipal Service or conditions of the permit have been violated, whichever comes first. Or the Highway 1995 study is concluded and passed or? Aanenson: That might be a good way to wrap it into. To do an evaluation of that as we review the study area... Conrad: Can't we put terms on conditional uses though? Can't we put. Aanenson: You can bring it back every year if you want. Conrad: But your trade off is, the applicant is only willing to put in so much money into the site given the fact they may lose. Mancino: Every year they may lose it. Conrad: Right. So you've got to say, what do you want them to do right now and to prorate that over a life of, if it's only one year. If we give them one year, they don't want to do it and that's one way to defeat their proposal. But there's a lot of stuff I think coming in down t here. I guess you just have to weigh. 42 Planning Commission Meeting - June 15, 1994 Aanenson: That's why we're going to be looking at these issues...and we'll also be looking at a Bluff Creek study area which we talked about earlier tonight working with the watershed district and...that was part of this charette we had recently. Trying to get some additional funding for Bluff Creek and is...enhance Bluff Creek and the surrounding watershed area. So there are a couple things happening with that study that will... Mancino: I guess I want to ask Ladd. Do you have a vision for that area? Conrad: Long term, that whole area? It's a tough one. It should be natural. Absolutely. It should be, but the fact of the matter is, nobody's going to. There's not going to be a government body that comes forth with a lot of money to buy it. But it is, it's beautiful territory. Should be connected to Eden Prairie is I think a preserve or I don't know what it's called to the northeast of it so we should be connected there. It's pretty stuff. But remember we've got a dump down there and auto graveyard and it's, there's a lot of poor uses that are ecologically just horrendous. Just horrendous so, a vision for the area, I don't know what it's going to be. It's also on a highway. It's a great highway. If I were a business person in the highway business area, I'd just love to have a gas station down there if it has the right road access and what have you. It's just, it's 15,000 cars or big numbers. Big enough to really develop a commercial deal but the right use is natural park or passive. In terms of tonight, and I'm going to ask staff but I really think we should be tabling this tonight because the real issue. Well, the real issue, I guess there are other deeper issues but the only way you can look at this is if it's screened. That's the only way. They're coming in for a conditional use and they've got something that's less intensive than what they were planning before with building something and fencing something and putting trucks in there and so really I don't mind the use if you can handle it. If you can screen. So screening is the major issue and if you can't screen it, I don't want to take a look at it. Mancino: So you want to see the landscape plan and see what they can do. Conrad: Absolutely. Point number one, we'd recommend that it's approved, that the. Well if the applicant can't furnish us a landscape plan that we think is acceptable to us, then in my mind this doesn't fly at all. So I think it should be tabled. If staff feels that's the right thing to do. Because I think there's been some communications back and forth and I don't know, some of the, all the background to why this is here tonight. Farmakes: You're making my comments shorter. Mancino: I'd support tabling it. Ledvina: Likewise. 43 Planning Commission Meeting - June 15, 1994 Scott: Can I have a motion please? Conrad: I move that we, hold on. I move that we table Planning Case #94-1, IUP. Scott: Is there a second? Mancino: Second. Scott: It's been moved and seconded that we table case #94-1 IUP. Is there any discussion? Conrad moved, Mancino seconded that the Planning Commission table action on the Interim Use Permit #94-1 for Admiral Waste Management. All voted in favor and the _ motion carried. PUBLIC HEARING: — A CONCEPTUAL AND PRELIMINARY PLANNED UNIT DEVELOPMENT TO REZONE 89.59 ACRES OF PROPERTY ZONED A2, AGRICULTURAL ESTATE TO PUD AND PRELIMINARY PLAT TO CREATE 34 BLOCKS AND 3 OUTLOTS FOR — A 166 UNIT RESIDENTIAL DEVELOPMENT COMPRISED OF 34 BUILDINGS OF EITHER 2, 3, 4, 6 OR 8 UNITS IN EACH. THE UNITS ARE TWO STORY, SLAB ON GRADE CONSTRUCTION WITH ATTACHED ONE OR TWO CAR GARAGES. — THE PROPERTY IS LOCATED IN THE SOUTHWEST CORNER OF THE INTERSECTION OF HIGHWAY 5 AND GALPIN BOULEVARD, AUTUMN RIDGE, GOOD VALUE HOMES, INC. (BETTY O'SHAUGHNESSY PROPERTY). Public Present: Name Address Jim & Sue Avis 8190 Galpin Blvd. Chuck Gabrielson 2600 Arboretum Blvd. Howard Dahlgren 1786 Irving Avenue So, Mpls. _ Derrick Passe 9445 E. River Road, Mpls. Suite 201 John Peterson 9445 E. River Road, Mpls. Suite 201 Bob Generous presented the staff report on this item. Mancino: Bob, can you please show me where the 4 or 5 single family homes are. I've _ never seen them on any of their drawings. On Galpin east of the development? And how many are there? Can you draw that in? 44 CITY OF F . oo, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' CHANHASSEN (612) 937-1900 • FAX (612) 937-5739 N MEMORANDUM TO: Planning Commission FROM: Sharmin Al-Jaff, Planner II DATE: July 11, 1994 — SUBJ: City Code Amendment to the BF, Fringe Business District by adding additional Permitted, Conditional and Interim Uses BACKGROUND The BF District was created in December, 1986, for existing nonconforming businesses in — that location. On many occasions, staff has been requested to re-examine the status of the BF District. Both the Planning Commission and the City Council have expressed concern over the type of uses that have been located in the district. Staff is proposing to begin the review of the 1995 study area next year. As a part of evaluating future land use and zoning, the BF District will also be re-evaluated. The purpose of this amendment is to add permitted uses or require conditional or interim use permits for uses that are temporary in nature. When sewer and water services are available, the area would convert to a higher or improved use. ANALYSIS The BF District is located in two separate areas along Highway 212 (Attachment #1). Highway 212 is classified as minor arterial. The Comprehensive Plan guides the BF District for commercial uses only. This district has no access to sewer and water and we do not foresee it extended within the near future. Permitted and conditional uses in this district are limited to those that do not require urban services. Its stated purpose is to "accommodate limited commercial uses without urban services." Current uses in the BF District include the following: • Sorenson cold storage warehouse-Has a Conditional Use permit • Vacant/Discontinued Riverside Auto used car sales lot-Has an expired Conditional Use Permit Planning Commission July 11, 1994 Page 2 • Several Single family homes • Vacant land • Progress Valley mini-storage-Has a Conditional Use Permit — • Brookside Motel-Has an approved Site Plan • Discontinued Super America-Has an expired Conditional Use Permit • Vacant site of a drive-in restaurant (formerly Tri-Y) — • Admiral Waste Site-Currently applying for an Interim Use Permit/Outdoor storage of dumpsters Other uses outside the BF District but within the surrounding area are: • Statewide Auto Salvage Junk Yard-Nonconforming Use • Moon Valley Gravel Quarry-Has an Interim Use Permit • Assumption Seminary-Has Conceptual PUD approval • Garden Center-Permitted Use • Radio transmission tower-Has a Conditional Use Permit • MnDOT Park and Ride Lot • Western Motel-Has a Site Plan — • Gedney Pickle Plant (zoned IOP) One of the goals that was identified at the joint Planning Commission-City Council meeting, was expanding uses within the BF district. The following is a list of suggested permitted and conditional uses recommended by staff and the City Attorney: ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT Sec. 20-771. Intent. The intent of the "BF" District is to accommodate limited commercial uses temporary in nature without urban services. When urban services are available, land use may change to a higher and improved use of the property. Sec. 20-771.1 Permitted Uses. 1. Whole sale Nursery/Green House/No Retail (Pursuant to Sec.20-257). 2. Private Park/Public Park. 3. Single Family Dwelling (One unit per 10 acres). 4. Agriculture. 5. Mini Golf Course (Pursuant to Sec. 20-265). Sec. 20-773 Conditional Uses Planning Commission July 11, 1994 Page 3 The following are conditional uses in a BF District: 1. Motor fuel stations without car washes. 2. Truck/trailer/sporting goods and boat sales/rental 3. Utility services 4. Cold storage and warehousing The proposed amendment will allow reasonable use of properties within the BF District. Staff is recommending approval. STAFF RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends the City Council approve amendments to Article XX."BF" FRINGE BUSINESS DISTRICT to read as follows: ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT Sec. 20-771. Intent. -- The intent of the "BF" District is to accommodate limited commercial uses temporary in nature without urban services. When urban services are available, land use may change to a higher and improved use of the property. Sec. 20-771.1 Permitted Uses. — 1. Whole sale Nursery/Green House/No Retail (Pursuant to Sec.20-257). 2. Private Park/Public Park. 3. Single Family Dwelling (One unit per 10 acres). 4. Agriculture. 5. Mini Golf Course (Pursuant to Sec. 20-265). Sec. 20-773 Conditional Uses The following are conditional uses in a BF District: 1. Motor fuel stations without car washes. 2. Truck/trailer/sporting goods and boat sales/rental — 3. Utility services 4. Cold storage and warehousing Planning Commission July 11, 1994 Page 4 ATTACHMENT 1. Map showing the area along Highway 212. — CC i G n 1 , � . • I ! %.,,,,, 2)CJ eb - 230 01,1. N1/4,6 � � Jo ri —z oc \ r S .� NI 1 4..0 .4 i to — '---i900 1141 — ..1 iNs '900 Yy ,t \/ O :4:1.1., \.\' n00y- - / A9O � t ‘:., \�� -, ,....-.4: - _ •. \ I r —--. . - . — >o —,sOC by o r s . a 1300 0 t'. �+ 1 IG3 E'E �� V`:`� LI,.C..., �� r Allin _� ; , N r 4. — \ p / W ^ - - a - Q 0 . _: 'o: :3 0 R 1 cl.'-/N_ . E. , _A - n o - Ith,- < , . :,.. . / ; g co al• < r I 1(1.- i-,.." ..., . , CD . 2 iz.. rzs....., LA a :-- . aFi. \ , i Ry / — — —200 g • \,glik‘° ---. r+ jl '. . 1 )( A h N c ., O cn ,\� G ,i . o,• g t. y ! I ii. 1 I 1 = i a' i C I l 1 \11 BP � � 00 CITY OF 00;41 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Diane Desotelle, Water Resources Coordinator DATE: July 12, 1994 SUBJ: Definition of Bluff BACKGROUND Currently, the city has a bluff definition associated with a Bluff Impact Zone. The bluff impact zone is generally located along the lower reaches of Bluff Creek and was established to protect the steep banks from development, excavation, clearcutting, and other activities that may result in increased dangers of erosion, increased visibility to surrounding properties, thereby endangering the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. Staff is recommending that the definition of bluff be established city-wide since there are other areas in the city that have steep banks. ANALYSIS Staff does not think that this will significantly alter land use objectives. Rather, it will help provide existing topography and control erosion and sedimentation into the outlying water basins through protection of these bluffs. It does not appear that there are many more areas city-wide that will be effected by the definition. The unique topography in those select areas are what we would like to preserve. The following is the definition of bluff as stated in the City ordinance: Bluff means a natural topographic feature such as a hill, cliff, or embankment having the following characteristics: (1) The slope rises at least twenty-five (25) feet above the toe of the bluff; and (2) The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the toe of the bluff averages thirty (30) percent or greater. Planning Commission July 12, 1994 Page 2 (3) An area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff. Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a bluff. Article XXVIII Bluff Protection would remain the same except for the following changes: Sec 20-1402 (2) Stairways, lifts and landings. Delete the last four words: and planned unit — developments. This will keep the wording similar to that stated in the City's Shoreland Ordinance. Sec. 20-1406 Official Map. The definition of bluff is applicable city-wide. The official bluff impact zone map dated June 1, 1991 is a source of information, but by no means conclusive of all the bluff areas city-wide. This section should be deleted. — RECOMMENDATION Staff recommends the Planning Commission adopt the amendment as shown in Attachment #1. ATTACHMENTS 1. Proposed ordinance amendment. 2. Current ordinance. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Chapter 20 of the Chanhassen City Code, Article XXVIII, Section 20-1402 is hereby amended by deleting the following words as noted: — (2) Landings for stairways and lifts on residential lots may not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public open space recreational properties, — -devclepme ts. Section 2. Section 20-1406, Official Map, shall be deleted in its entirety. PASSED AND ADOPTED by the Chanhassen City Council this day of , 1994. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1994.) ZONING § 20-1 Alteration means any change or rearrangement, other than incidental repairs, in the supporting members of an existing building,such as bearing walls, columns beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one (1)location to another. Animal feedlot means land or buildings used for the confined feeding,breeding, raising or holding of livestock and poultry where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures are not considered animal feedlots. Arboretum means a place where plants, trees, and shrubs are cultivated for scientific and educational purposes. Arterial street means a street or highway with access restrictions designed to carry large volumes of traffic between various sectors of the city or county and beyond. [Auto service center] means an integrated group of commercial establishments or single establishments planned,developed, and managed as a unit with off-street parking provided on site and providing uses engaged primarily in the supplying of goods and services generally required in the operation and maintenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive accessories,replacement items, washing and lubricat- ing services, and the performance of minor automotive maintenance and repair. This does not include major body repair where it is necessary to provide long term storage of cars and body parts. Bed and breakfast means an owner-occupied single-family home in which not more than five (5) rooms are rented on a nightly basis for a period of seven (7) or less consecutive days by the same person. Meals may or may not be provided to residents and overnight guests. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a waterway or any other barrier to the continuity of development. Bluff means a natural topographic feature such as a hill, cliff, or embankment having the ----11) following characteristics: (1) The slope rises at least twenty-five (25) feet above the toe of the bluff; and (2) The grade of the slope from the toe of the bluff to a point twenty-five (25) feet or more above the toe of the bluff averages thirty (30) percent or greater. — (3) An area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff. Bluff impact zone means a bluff and land located within twenty(20) feet from the top of a bluff. Supp. No. 5 1143 ZONING § 20.1402 ARTICLE XXVII.MINERAL EXTRACTION* Sec. 20.1351. Mining as allowed use; compliance generally. Mineral extraction, if the sand, gravel,black dirt, clay, and other materials are to be sold, are only allowed in zoning districts where such use is delineated as an allowed use. All other earth work is allowed in all zoning districts subject to the requirements of Chapter 7, Article III of the City Code. (Ord. No. 128, § 2, 5-14-90; Ord. No. 169, § 1, 5-18-92) •' Secs. 20-1352-20.1399. Reserved. --� ARTICLE XXVIII.BLUFF PROTECTION Sec. 20.1400. Statement of intent. Development, excavation, clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the character of the bluff impact zone within the city, alteration to land or vegetation within will not be permitted except as regulated by this article and by the regulations of the underlying zoning district where the property is located. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1401. Structure setbacks. (a) Structures, including, but not limited to, decks and accessory buildings, except stair- ways and landings, are prohibited on the bluff and must be set back from the top of the bluff and toe of the bluff at least thirty (30) feet. (b) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing setback, whichever is more, for additions to an existing building.Any new buildings will have to meet the thirty-foot setback. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1402. Stairways, lifts and landings. Stairways and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are *Editor's note—Section 2 of Ord. No. 169 repealed §§ 20-1352-20-1367, 20-1376-20- _ 1384, which were contained in Divs. 1 and 2, pertaining to mineral extraction generally and permits,respectively,and which derived from Ord.No. 80,adopted Dec. 15, 1986, and Ord.No. 120, adopted Feb. 12, 1990. Supp. No. 5 1271 ZONING § 20.1407 without a permit from the city. Fill or excavated material shall not be placed in bluff impact zones. — (Ord. No. 152, § 2, 10-14-91) Sec. 20.1405. Roads, driveways and parking areas. Roads,driveways,and parking areas must meet structure setbacks and must not be placed within bluff impact zones when other reasonable and feasible placement alternatives exists. If no alternatives exist,they may be placed within these areas,and must be designed to not cause adverse impacts. (Ord. No. 152, § 2, 10-14-91) Sec. 20.1406. Official map. This article shall apply only to the bluff impact zones located on the official bluff impact zone map dated June 1, 1991, as amended, from time to time, which is incorporated herein by reference and which is on file with the city clerk. The official map may be administratively changed by the planning director based upon the submittal of topographic survey data pre- pared by a registered engineer or surveyor. Ord. No. 152, § 2, 10-14-91) Sec. 20.1407. Reconstruction of lawful nonconforming structures. Lawful nonconforming structures that have been damaged or destroyed may be recon- structed provided that it is reconstructed within one (1) year following its damage or destruc- tion and provided the nonconformity is not materially increased. (Ord. No. 152, § 2, 10-14-91) [The next page is 1977] Supp. No. 5 1273 CITY TF \ i ;if CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �-j (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Diane Desotelle, Water Resources Coordinator Kate Aanenson, Planning Director Dave Hempel, Assistant City Engineer DATE: July 14, 1994 SUBJ: Surface Water Management Plan (SWMP) Approval History of the City's SWMP In September of 1990, The City Council adopted the Surface Water Management Utility Fee (Ordinance 132). The first priority of the City after establishing the utility fee, was to generate a Surface Water Management Plan (SWMP). In August 1991 the SWMP task _ force was formed. The task force included representatives from the City Council, Planning Commission, City Staff, and representatives of the citizens of Chanhassen. The purpose of the task force was to provide guidance to the City in formulating the foals and policies that will result in the successful implementation of the SWMP. A large component of the plat was to inventory all of the City's wetlands and storm water ponds. Preliminary and final reviews of the SWMP were conducted in 1993. The final SWMP was completed in February 1994. Final SWMP The City of Chanhassen's SWMP incorporates stormwater quantity, stormwater quality, and wetlands and lakes into a dynamic plan. The SWMP was designed into two components. Part I is the stormwater resources management section including: 1. Information on regulations. 2. Recommendations and implementation plans. 3. Cost analysis and financing alternatives. SWMP Approval July 14, 1994 Page 2 4. Capital improvement program with a city-wide prioritization system for stormwater quality improvements. 5. Education program recommendations. Part II is the technical section including: 1. City-wide stormwater quantity model and map to be updated as changes are made. 2. City-wide stormwater quality model and maps to be updated as changes are made. 3. Inventory of wetlands for planning purposes. 4. Lake water quality assessment and modeling with monitoring recommendations. 5. Storm sewer trunk fees and ponding costs for both water quantity and water quality. The SWMP has been designed to be modified as the city develops and improvement projects are completed. A capitol improvements program has been included with a prioritization list of projects. The SWMP also includes a monitoring program to get a handle on the short and long term effects on the areas water resources. The stormwater quantity and quality can be altered and various options tested by city staff and/or an approved consultant. Water Quantity/Quality Fees The SWMP has established fees associated with water quantity and water quality improvements to help finance improvement projects. These fees use an average city-wide rate for each different land use. The discussion associated with the establishment of these _ fees is in Part I Chapters II and III. Numerous developments are under going the review process and where these SWMP fees will begin to be generated. The City recommends that the SWMP be approved as soon as possible so we can begin to generate funding for improvement projects. State and Federal Wetlands Permitting The SWMP was designed to use ag/urban wetlands, where necessary, for stormwater ponding in order to preserve and protect downstream natural wetlands and ultimately the City's lakes. Although the City has approved the use of these wetlands based on wetland functions designated in the wetland ordinance, the state and federal regulatory agencies associated with the Clean Water Acts section 404 (filling and excavating of wetlands) and 401 (water quality to wetlands) do not approve of these actions. The City is in the process of negotiating the SWMP so that it meets their approval. The City is the first to establish a SWMP that integrates wetlands, and therefore, we are in many ways a test for future plans to come for the state and federal agencies. Ultimately, we hope to be able SWMP Approval _ July 14, 1994 Page 3 to permit the whole plan rather than each project as we try to tackle them. In order to do this the City will have to compromise on the definition of wetland functions. This may mean that the plan will have to be more conservative and call for additional stormwater quality treatment before it is discharged into the existing wetlands. Currently, the City is still requiring pre-treatment before discharge to any wetland until this issue is resolved. RECOMMENDATION Staff is recommending the Planning Commission adopt the following motion: "The Planning Commission recommends the City Council approve the Surface Water Management Plan." CITY 4F � CIIANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP, Planning Director DATE: July 14, 1994 SUBJ: Sign Ordinance Background For well over two years, staff has been working on changes to the sign ordinance. The original draft was developed with a subcommittee that included a member from the City Council, Planning Commission, and two Chamber members. After their recommended changes were incorporated into a draft ordinance, the Highway 5 Task Force and its subcommittee reviewed the document. Their changes have also been made to the ordinance. The Planning Commission has been meeting to review the proposed ordinance. The Chamber of Commerce has also been meeting to review changes to the ordinance. We hope to have their comments in time to provide copies to the commission prior to the public hearing. The City Attorney has reviewed the draft and recommended changes. They are shown with an underline on this draft. Analysis Attached is the original issues paper for the sign ordinance as well as the proposed amended ordinance. One issue that was closely examined was the relationship between the size of the building and scale of the sign. This section, "In all districts," has been rewritten to include a formula for the size of the sign and the square footage of the building. Scale relates to freestanding and monument signs. Monument signs are limited to a maximum of 10 feet in height with 80 square feet in sign area. Freestanding signs are limited to a maximum of 20 feet with 80 square feet in sign area. Pylon signs would be limited to properties that directly abut Highway 5. Both of these maximums would be for buildings in excess of 100,000 square feet. The ordinance permits and regulates window signage as a percentage of the total window area. Thirty-three percent was the apparent consensus of the planning commission which is in the range of permitted window sign area in other metro municipalities which range from 0 to 50%. Staff has clarified the determination of window area and has added a cap to the total window Planning Commission July 14, 1994 Page 2 sign square footage that would be permitted based on the total wall sign area formula permitted for the building. The proposed wall sign standards is based on the same ratio of 15 percent maximum of wall sign area, with at a maximum of 80 square feet. There now is a hierarchy of wall sign area that relates to the wall sign area of the building and the size of the sign, the maximum of 15 percent — is still in place. The factor that has changed is the maximum area of 80 square feet which has been increased to 240 square feet for the large building user. Pictures have been added to the definition section. This should provide more clarity to the definitions. Recommendation Staff recommends the Planning Commission review and make any changes necessary and — recommend the City Council adopt the amendment. Attachments — 1. Proposed Sign Ordinance. 2. Memo from Kate Aanenson dated January 10, 1992, Issue Paper/Sign Ordinance. — ARTICLE XXVI. SIGNS DIVISION 1. GENERALLY Sec. 20-1251. PURPOSE AND FINDINGS. A. Purpose The purpose of this sign ordinance is intended to establish an effective means of communication in the city, maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth, to improve pedestrian and = traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: (1) establish standards which permit businesses a reasonable and equitable opportunity to advertise; (2) preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; (3) ensure that signs do not create safety hazards. (4) ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; (5) preserve and protect property values; (6) ensure signs that are in proportion to the scale of, and are architecturally compatible with the principal structures; (7) limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. B. Findings The City of Chanhassen finds it is necessary for the promotion and preservation of the _ public health, safety, welfare and aesthetics of the community that the construction, location, size and maintenance of signs be controlled. Further the city finds: 1. permanent and temporary signs have a direct impact on, and a relationship, to the image of the community; 2. the manner of installation, location and maintenance of signs affects the public health, safety, welfare and aesthetics of the community; 3. an opportunity for a viable identification of community business and institutions must be established; 4. the safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers; — 5. installation of signs suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high — winds and an obstacle to effective fire fighting and other emergency service; 6. uncontrolled and unlimited signs adversely impact the image and aesthetic — attractiveness of the community and, thereby, undermine economic value and growth; 7. uncontrolled and unlimited signs, particularly temporary signs, which are commonly located within or adjacent to public right-of-way, or are located at driveway/street intersections, result in roadside clutter and obstruction of views of — oncoming traffic. This creates a hazard to drivers and pedestrians and also adversely impacts a logical flow of information. Sec. 20-1252. Permit and variance fees. Fees for reviewing and processing sign permit applications and variance requests shall be imposed in accordance with the fee schedule established by City Council resolution. — 2 Sec. 20-1253. Variances. The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Written application for a variance shall be filed with the Planning Department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in Section 20-29. No variance shall be granted by the City Council unless it has received the affirmative vote of at least simple majority of the full City Council. Sec. 20-1254. Permit generally. (a) Except as provided in Section 20-1255, no sign or sign structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the city. (b) The following information for a sign permit shall be supplied by an applicant if requested by the city: (1) Name. address and telephone number of person making application. (2) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. (3) Plans, location, specifications, materials, method of construction and attachment to the buildings or placement method in the ground. (4) Copy of stress sheets and calculations. (5) Written consent of the owner or lessee of any site on which the sign is to be erected. (6) Any electrical permit required and issued for the sign. (7) Such other information as the city shall require to show full compliance with this chapter and all other laws and ordinances of the city. Information may include such items as color and material samples. (8) Receipt of sign permit fee. 3 (9) The Planning Director, upon the filing of any application for a permit, shall examine such plans, specifications, and other data. If the proposed sign complies with this article and other applicable ordinances, the city shall issue a sign permit unless City Council approval is required. If City Council approval is required, the matter shall be promptly referred to the — council for action. Sec. 20-1255. Signs allowed without permit. The following signs are allowed without a permit: (1) Political Campaign signs: Temporary political campaign signs are permitted according to the following: a. The size and height allowed shall be consistent with the underlying zoning _ district and consistent with Minnesota Statutes, Chapter 211B.045. b. The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal. c. Such signs shall remain for no longer than ninety (90) days in any calendar year. d. Signs are not permitted in the public right-of-way. — e. Shall comply with the fair campaign practices act contained in the State of Minnesota Statutes, Chapter 211B.045. — f. The city shall have the right to remove and destroy signs not conforming to this paragraph. — (2) Directional signs. a. On-premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights-of-way. The number of signs shall not exceed four (4) unless approved by the City Council. b. Off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be 4 inappropriately routed through residential streets. The size of the sign shall be approved by the City Council. c. On-premises signs for industrially zoned land in excess of forty (40) acres shall not exceed twelve (12) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties or the general appearance of the site from public right-of-way. The number of signs shall not exceed four (4) unless approved by the City Council. d. Bench signs are prohibited. (3) Community Signs or displays which contain or depict a message pertaining to a religious, national, state or local holiday or event and no other matter, and which are displayed for a period not to exceed forty (40) days in any calendar year. (4) Motor fuel price signs are permitted on the premises of any automobile service station or convenience store selling fuel, only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district. Motor fuel price signs affixed to a fuel pump shall not exceed four (4) square feet in sign display area. When such signs _ are made an integral part of a freestanding business sign, the sign display area devoted to the price component shall not exceed thirty (30) percent of the total sign display area of the sign. (5) Nameplate or integral signs not exceeding two (2) square feet per building and does not include multi-tenant names. (6) Non-illuminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one (1) year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One (1) sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed fifty (50) square feet in sign area, and residential construction signs may not exceed twenty-four (24) square feet in sign area. (7) Signs of a public, non-commercial nature, informational signs erected by a governmental entity or agency, including safety signs (O.S.H.A.), directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. Signs shall not exceed sixteen (16) square feet. 5 (8) Rummage (garage) sale signs. Rummage sale signs shall be removed within two -- (2) days after the end of the sale and shall not exceed four (4) square feet. Rummage sale signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this paragraph. The city may assess a fee in the amount established by resolution for each sign removed by the city. (9) Temporary development project advertising signs erected for the purpose of selling or promoting any non-residential project, or any residential project of ten (10) or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: a. Not more than two (2) such signs shall be allowed per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be set back not less than twenty-five (25) feet from any _ property line, and shall be firmly anchored to the ground. d. No such sign shall be located closer than two hundred (200) feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than one hundred (100) feet from any other such sign located on the same side of the street. f. Sign display area shall not exceed sixty-four (64) square feet, and the height of such signs shall not exceed fifteen (15) feet. g. Such signs shall be removed when the project being advertised is one hundred (100)percent completed. In no case shall such signs be permitted to exceed three (3) years. For the purpose of this paragraph, the percentage of project completion shall be determined by dividing the number of dwelling units sold in the residential project by the total number of units allowed in the approved development plan; and by dividing the — number of buildings constructed in non-residential projects by the total number of building sites in the approved development plan. (10) Temporary real estate signs which advertise the sale, rental or lease of real estate subject to the following conditions: a. On premises real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. _ 6 1. One (1) non-illuminated sign is permitted per street frontage. 2. Sign display area shall not exceed twelve (12) square feet per sign on property containing less than ten (10) acres in area, and thirty- two (32) square feet per sign on property containing ten (10) or more acres. 3. No such sign shall exceed ten (10) feet in overall height, nor be located less than ten (10) feet from any property line. 4. All temporary real estate signs shall be removed within seven (7) days following sale, lease, or rental of the property. b. Off-premises real estate signs advertising the sale, rental or lease of business and industrial buildings: 1. One (1) non-illuminated sign is permitted per building. 2. Such signs shall only be permitted in business and industrial districts, and on property located within the same subdivision or development as the building being advertised. 3. Such signs shall not be located closer than two hundred (200) feet from any other such sign located on the same side of the street. 4. Sign display area shall not exceed thirty-two (32) square feet, and the height of such signs shall not exceed fifteen (15) feet. 5. Such signs shall be removed within seven (7) days following the lease or sale of the building floor space which it is advertising, or within twelve (12) months from the date a permit is issued, whichever comes first. 6. Provide written permission of property owner. c. Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subparagraph is to allow short term signage, for residential development, to familiarize the public with the new development. 1. Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. 7 2. Only one (1) sign per corner of an intersection per development - shall be permitted. There shall not be more than 4 signs per intersection. Signs shall not be located in any site distance triangle, measured thirty (30) feet from the point of intersection of the property line. 3. Sign display area shall not exceed twenty-four (24) square feet and the height of such signs shall not exceed ten (10) feet. 4. Such sign shall not be located closer than twenty-five (25) feet from any street right-of-way line, and shall be firmly anchored to the ground. 5. Provide written permission of property owner to locate directional sign on their property. 6. Such sign shall only be constructed out of maintenance free materials and be non-illuminated. 7. Such sign shall be removed six (6) months after the sign has been erected and developer may not apply for a second off-premises directional sign permit. 8. Sign copy shall include the name of the subdivision and a direction arrow only. 9. Signs for the "Parade of Homes" shall be limited to 4 square feet _ and shall be permitted only for the duration of the "Parade of Homes". Sec. 20-1256. Permit for temporary sign, searchlights, banners, etc. Temporary signs are permitted as follows: 1. Banners shall not exceed 100 square feet and portable signs shall not exceed 32 square feet and shall meet the following standards: - a. a thirty (30) day display period to coincide with the grand opening of a business or a new development (business park or shopping center), or a business may display a banner on three occasions per calendar year with a maximum 10-day display period for each occasion. Businesses within a shopping center shall be limited one display per center and not one display per business. 8 b. messages must relate to on-premise product or services, or any non- commercial message; and c. banners must be affixed to a principal structure which is owned or leased by the business which the sign is advertising. Non-profit and governmental event banners are excluded from this provision. d. portable signs shall not be located in the public right-of- way. e. sign permit issued by city. 2. Inflatable advertising devices are permitted according to the following: a. for each site or center, two occasions per calendar year, with each occasion not to exceed seven (7) days; b. written authorization from the property owner or their designee must be submitted with the sign permit application. c. sign permit issued by city. d. maximum height of the inflatable shall be 25 feet. e. if located on the roof of a structure, the height of the inflatable and the building shall not exceed the building height permitted in the zoning district. 3. Flashing or blinking portable signs, stringers, and pennants are not permitted. 4. The use of searchlights shall be limited to two days per permit period. The use of searchlights shall be controlled in such a way so as not to become a nuisance. 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: 9 (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. — 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 barber poles 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 ordinance. (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. — j Bus bench signs are prohibited. j Billboards are prohibited. 10 Sec. 20-1260. Nonconforming Signs. When the principal use of land is legally non-conforming under this chapter, all existing or proposed signs in conjunction with that land, shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. Excluding normal maintenance and repair, a non-conforming sign shall not be moved, altered (including face changes/the copy of the sign) or enlarged unless it is brought into compliance with the sign regulations. Within 45 calendar days after vacation of an existing business, any on-site nonconforming signs must be removed or brought into compliance by the property owner. An abandoned sign may not regain any legal nonconforming status later, even if the original business reoccupies the property. Sec. 20-1265. General location restrictions. (a) No sign or sign structure shall be closer to any lot line than a distance equal to one-half (1/2) the minimum required yard setback. No sign shall be placed within any drainage or utility easement. Sign shall not block site distance triangle from any private drive or access. Signs shall not be located in any site distance triangle thirty (30) feet from the point of intersection of the property line. (b) Signs on adjacent non-residential property shall be positioned so that the copy is not visible from residential uses or districts along adjoining side and rear yard property lines. (c) No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way or public easement, or project over public property. (d) Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop," "Caution," "Warning," unless the sign is intended to direct traffic on the premises. (e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences or trees nor, interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (f) No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. 11 (g) Window signs shall not cover more than 33 percent of the total window area in which they are located. The area of a window sign shall be interpreted as the total window area for that face of the building. In no case shall the total window sign area exceed the permitted wall sign area defined in this ordinance for said district. Sec. 20-1266. Maintenance and repair. Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired or replaced by the licensee, owner or agent of the building upon which the sign stands immediately upon notification by the city. 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 concurrently for staff review. All planned centers and multi-tenant buildings all submit a comprehensive sign plan for approval by the Planning Commission and City Council. Signage shall use individual, — channelized letters, 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. 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. 12 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 twenty (20) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. (b) All on-premise freestanding signs must have structural supports covered or concealed with pole covers. The actual structural supports should not be exposed, and the covers should be architecturally and aesthetically designed to match the building. Pole covers shall be a minimum height of 8 feet. The exposed uprights, superstructure and/or backside of all signs shall be painted a neutral color such as light blue gray, brown, or white, unless it can be illustrated that such part of the sign designed or painted in another manner is integral to the overall design of the sign. o Zo c-tx. v Ie_ (c) The installation of electrical signs shall be subject to the National Electrical Code as adopted and amended by the city. Electrical service to such sign shall be underground. (d) No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official. Any canopy or awning sign shall have a minimum of an eight (8) foot clearance. (e) Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. No such signs shall interfere with or obscure an official traffic sign or signal; this includes indoor signs which are visible from public streets. Illumination for a sign or groups of signs shall not exceed 1/2 foot candle in brightness as measured at the property line. 13 DIVISION 2. SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT Sec. 20-1301. Agricultural and Residential Districts. The following signs are allowed by permit in the A-2, RR, RSF, R-4, R-8, R-12 and residential PUD districts:. (1) Public and Institutional Signs. One (1) ground low profile or wall sign, not exceeding twenty-four (24) square feet of sign display area, shall be permitted on the premises of any public or institutional property giving the name of the facility and nature of the use and occupancy. Such sign shall be located at least ten (10) feet from any property line, and shall not exceed five (5) feet in height. (2) Area Identification/Entrance signs. Only one (1) monument sign may be erected on a lot, which shall not exceed twenty-four (24) square feet nor be more than five feet high. Any such sign or monument shall be designed so that it is maintenance free. The adjacent property owner or a Homeowners Association shall be responsible for maintenance of the identification\entrance sign. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operations, and shall be securely anchored to the ground. Sec. 20-1302. Neighborhood Business and Office & Institutional Districts. The following signs shall be allowed by permit in any OI or BN Districts: _ 1. Ground low profile business signs. One (1) ground low profile business or institutional sign not exceeding twenty-four (24) square feet of sign display area — shall be permitted. Such sign shall be located at least ten (10) feet from any property line and shall not exceed five (5) feet in height. 2. Wall business signs. (1) Wall business signs shall be permitted on the street frontage for each business occupant within a building only. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: — 14 Maximum Percentage Wall Area in Square Feet Maximum Square of Wall Footage of Sign 15% 0-600 90 13% 601-1,200 156 11% 1,201-1,800 198 9% 1,801-2,400 216 7% 2,401-3,200 224 5% 3,201-4,500 230 3% 4,500 + 240 3. Wall signs shall not include product advertising. Wall signs shall include tenant identification, tenant logo or registered trademark, center name, or any combination of the three. Sec. 20-1303. Highway, General Business Districts and Central Business District. The following signs shall be allowed by permit in any BH, BG, CBD or BF District: The following table lists the standards for freestanding and monument signs in the BH, BG, CBD, or BF zone. PYLON MONUMENT Principal Height Sign size Height Sign Size Structure (feet) (sq. ft.) (feet) (sq. ft.) 50,000 sq. ft. 20 80 10 80 or greater Less than 15 64 8 64 50,000 sq. ft. 1. Pylon business sign. Pylon Signs are permitted on parcels that abut the Highway 5 corridor 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 15 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, and shall not exceed twenty (20) feet in height. 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 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: 4. Menu Board. One menu board sign per restaurant use is permitted with a drive- through facility. Such sign shall not exceed 32 square feet in size nor greater than 8 feet in height. Such sign is permitted in addition to any other sign permitted in the Zoning District. Maximum Percentage Wall Area in Square Feet Maximum Square of Wall Footage of Sign 15% 0-600 90 13% 601-1,200 156 11% 1,201-1,800 198 99c 1,801-2,400 216 79c 2,401-3,200 224 5% 3,201-4,500 230 3% 4,500 + 240 16 Sec. 20-1304. Industrial Office Park Signs. The following signs shall be allowed by permit in any IOP District: 1. Pylon or ground low profile business signs. Pylon signs are permitted on parcels that abut the Highway 5 corridor only. One (1) pylon or one (1) ground low profile Industrial Office Park identification sign shall be permitted. A Pylon sign shall not exceed eighty (80) square feet in sign area and shall not exceed twenty (20) feet in height. A ground low profile may not exceed eighty (80) square feet and eight (8) feet in height. Such sign 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 for each individual tenant. Such sign shall not exceed sixty-four (64) square feet in sign display area nor be greater than five (5) feet in height. Such sign shall be located 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 shall not exceed the square footage established in the following table: Maximum Percentage Wall Area in Square Feet Maximum Square of Wall Footage of Sign 15% 0-600 90 13% 601-1,200 156 11% 1,201-1,800 198 9% 1,801-2,400 216 7% 2,401-3,200 224 5% 3,201-4,500 230 3% 4,500 + 240 17 Secs. 20-1306-20-1350. Reserved. Sec. 20-1 DEFINITIONS Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible through a window or door, which is used to advertise, announce, identify, display, direct or attract attention to an object, person, institution, organization, business, commodity, product, — service, event or location, by means, including words, letters, figures, design, symbols, fixtures, pictures, illumination or projected images. Sign, Advertising means any sign which directs attention to a business, commodity, service, activity or entertainment not conducted, sold or offered upon the premises where such a sign is located. Sign, Awning means a temporary hood or cover that projects from the wall of a building, and which can be retracted, folded or collapsed _ against the face of the supporting building. 0 Awning may extend in any required yard " ;i — setback a maximum of five (5) feet. (2.6 feet in the supplementary regulations) Sign, Banner means a sign which is made out of a paper, cloth or plastic-like consistency, affixed to a building, vehicle, poles, or other supporting structures by all four (4) corners. Sign, Business means a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the _ premises where the sign is located. Sign, Business Directory means a sign which identifies the names of specific businesses r-2 IJ located in a shopping center, medical center some 1---1 and professional office and which is located on 1 - - mem__the premises of the shopping center so identified. VWITV'1Il!IIhI11""" Sign, Campaign means a temporary sign announcing, promoting, or supporting political — candidates or issues in connection with any national, state, or local election. Sign, Canopy - Any sign that is affixed to a projection or extension of a building or structure of a building, erected in such as manner as to 18 provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. 111111 plastic, or structural protective cover over a door, entrance, window, or outdoor service area. Sign, Changeable Copy, - a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Sign, Construction means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the situation or project. Sign, Development Identification means a permanent ground low profile sign which identifies a specific residential, industrial, commercial or office development and which is located on the premises of the development which it identifies. T La;1 to; Sign, Directional means a sign erected on INMEMEMI private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such V 1 `O - Empkryee Parking sign is located, including signs marking entrances and exits, circulation direction, parking areas, and pickup and delivery areas. Sign, Display Area means the area within a single continuous perimeter enclosing the extreme limits SNOp�N6 or the actual sign message surface, including any CC�'�� structural elements outside the limits of each sign l forming an integral part of the sign. The stipulated I maximum sign display area for a sign refers to a single facing. Sign, Festive Flag/Banner - a flag or r banner constructed of cloth, canvas or . ,i light fabric, that is hung from a light = pole. The flag/banner shall contain no advertising except for cultural events, special holidays/seasons, etc. Sign, Flag - any fabric banner used as a symbol of a government political subdivision or other identity. Corporation flags shall not exceed 12 square feet and may be flown in tandem with the 19 state or national flag. Large flags flown in high winds may cause a noise nuisance and are subject to removal upon complaint. Sign, Flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means what so ever. Sign,Freestanding/Pole/Pylon, means any non-movable 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 (8) feet or more above the ground elevation. Sign, Governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. Sign, Ground low profile business means a 1 Tryf,MALI business sign affixed directly to the ground, • with the sign display area standing not greater than two (2) feet above the ground. 111111111111111 Sign, Holiday decoration means a temporary sign in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. Sign, Home occupation means a sign containing only the name and occupation of a permitted home occupation not to exceed 2 square feet. This is also a nameplate sign. Sign, Illuminated means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign. _ Sign, Informational means a sign containing descriptions of major points of interest, government institutions or other public services such as hospitals, sports facilities, etc. Sign, Institutional means a sign which identifies the name and other characteristics of a public or private institution of the site where the sign is located. Sign, Integral means a sign constructed as1111111111.1111m1"...m3, - —/ to be an integral portion of the building ^ of which it forms a part. Sign, Integral Roof, means any sign erected or constructed as an integral or essentially integral part of a normal roof lerel structure of any design, such that no part of the sign extends vertically above the . `�"s" 11 _ highest portion of the roof and such that ® " �� 20 no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. 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 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, Non-Conforming, a sign that does not conform to the requirements of this ordinance. Sign, Off-Premise, 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-Premise, 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. 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. Sign, Roof means a sign that is mounted on the roof of a building or which is wholly 21 -1 W ;III`I dependent upon a building for support and 11 ! ' � - which projects above the roof line of a building with a flat roof, the eave line ' `i.+E' of a building with a gambrel, gable or hip , I — roof or the deck line of a building with a ' (' ` mansard roof. Sign, Temporary means a sign designed or intended to be displayed for a short period of time. This includes items such as banners, pennants, flags, beacons, sandwich, or _ balloons or other air or gas filled figures. s.► �f� Sign, Wall means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of the wall, and which 1�'�]� �{�I-1111; 11SJI 4 does not project more than twelve (12) - inches from such building or structure. Wall signs shall not include product advertising. Wall signs shall include �� _ ®' ® — tenant identification, tenant logo, center name, or any combination of the three. Sign, Window means sign, pictures, symbols, or combination thereof, designed to _ communicate information about an activity, _ business, commodity, event, sale or service, )11 that is placed inside a window or upon the window panes or glass and is visible from / the exterior of the window. Site Distance Triangle means no sign or sign structure shall be closer to any lot line than a distance equal to one-half (1/2) the minimum required yard setback. No sign shall be placed within any drainage or utility easement. Sign shall not block site distance triangle from any — private drive or access. Signs shall not be located in any site distance triangle thirty (30) feet from the point of intersection of the property line. V4O'kB\SI�Afd - 2 /94 5/10/94 7/13/94 _ 22 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Planner II DATE: January 10, 1992 SUBJ: Issue Paper/Sign Ordinance BACKGROUND As previously discussed with the Planning Commission and the City Council, staff will be rewriting the Sign Ordinance. The intent of the sign ordinance is to establish standards which permit business a reasonable and equitable opportunity to advertise; while the city wants to preserve and promote civic beauty and limit the visual clutter. This report is intended to give an overview of some major areas where the ordinance could be modified. GOALS After review and input from the Planning Commission, a committee, which has been established, will begin the review and rewrite process . This Committee includes Councilman Tom Workman, Planning Commissioner Jeff Farmakes, Kevin McShane of the Chanhassen Bank, and Gene Borg of McDonalds . After the sign committee has spent time rewriting the ordinance, their proposed changes will be reviewed by the Chamber of Commerce and then presented to the Planning Commission and City Council for their recommendations and implementation. One of the goals of the new ordinance should be that the ordinance should be easy to interpret and enforce. And finally, the new ordinance should be in a format where industry uses could have all the standards in one place. This would require a document where the definitions and standards as well as district requirements are in one document . ISSUES The following constitutes our review of the existing ordinance and brief discussion of the issues as we see them. We would ask the Planning Commission January 10, 1992 Page 2 Planning Commission to review the materials and provide any — additional guidance you feel is warranted. We would then pass the information along to the Sign Ordinance Task Force so that they may begin developing the ordinance. ARTICLE XXVI. SIGNS DIVISION 1 . GENERALLY Sec. 20-1251. Purpose. The purpose of this article is : (1) To establish standards which permit businesses a reasonable and equitable opportunity to advertise. (2 ) To preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination. (3 ) To ensure that signs do not create safety hazards . To ensure signs which are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists . (4) To preserve and protect property values . COMMENT: This area needs to be expanded to include the desire to have signs architecturally compatible with buildings . In addition, the purpose should include a statement that permanent signs should be given preference to the on-premise owner or occupant, and that temporary commercial and advertising displays be given limited approval for grand openings and occasional sales events . Sec. 20-1252 . Permit and variance fees. Fees for reviewing and processing sign permit applications and variance requests shall be imposed in accordance with the fee schedule established by City Council resolution. Sec.20-1253 . Variances. The City Council, upon the recommendation of the Planning Commission, may grant a variance from the requirements of this article where it is shown that by reason of topography or other conditions, strict compliance with the requirements of this article 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 article. Written application for a variance shall be filed with the Planning Department and shall be supplemented with reproducible copies of the proposed sign. The application shall be processed in conformance with the public hearing requirements dictated for variances in Section 20-28 . No variance shall be granted by the City Council unless it has received the affirmative vote of at least four-fifths of the full City Council . 1 Sec . 20-1254 . Permit generally. (a) Except as provided in Section 20-1255, no sign or sign — structure shall be erected, constructed, altered, rebuilt or relocated until a permit has first been issued by the city. (b) The following information for a sign permit shall be supplied by an applicant if requested by the city: (1) Name, address and telephone number of person making application. (2) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features . (3 ) Plans, location, specifications, method of construction and attachment to the buildings or placement method in the ground. — (4) Copy of stress sheets and calculations . (5) Written consent of the owner or lessee of any site — on which the sign is to be erected. (6) Any electrical permit required and issued for the — sign. (7) Such other information as the city shall require to show full compliance with this chapter and all other laws and ordinances of the city. (8) The City Planner, upon the filling of any — application for a permit, shall examine such plans, specifications and other data. If the proposed sign complies with this article and other — applicable ordinances, the inspectors shall issue a sign permit unless City Council approval is required. If City Council approval is required, the matter shall be promptly referred to the council for action. CONT: This area needs to be expanded to state that before a — sign permit is issued, a fee must be paid. Currently, the Building Department is not reviewing stress calculations, the methods of construction, or inspecting the installation of signs . Staff is recommending that the permit process and the administrative procedure be changed so that all signs are reviewed and inspected by the city. Periodic inspection may also be warranted. This 2 administrative procedure would also require changing the sign permit application. Sec . 20-1255 . Signs allowed without permit . The following signs are allowed without a permit : ( 1) Campaign signs, not exceeding twenty-four (24) square feet in area . The sign must contain the name of the person responsible for such sign, and that person shall be responsible for its removal . Such signs shall remain for no longer than seventy-five (75) days in any calendar year. The city shall have the right to remove and destroy signs not conforming to this paragraph. COMMENT: The requirement for campaign signs need to be modified to include the language from the new 1990 state law. This law states that all non-commercial signs of any size may be posted from August 1 in a state general election year until ten days following the state general election. There are also some new Supreme Court findings pertaining to signs that need to be addressed. Basically, you cannot regulate a sign based upon text without running afoul of — First Amendment rights . Therefore, ordinances that establish special conditions on campaign signs or those that ban billboards by declaring "off-premise advertising signs" illegal , are likely to be overturned. (2 ) Directional signs . a . On-premises signs shall not be larger than four (4) square feet . The maximum height of the sign shall not exceed five ( 5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties or the general appearance of the site from public rights-of-way . The number of signs shall not exceed four (4 ) unless approved by the City Council . b. Off-premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets . The size of the sign shall be approved by the City Council . c . On-premises signs t -- industrially zoned land in excess of forty (40 acres shall not exceed twelve (12 ) square feet . .:.e maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property 3 shall be so located such that the sign does not adversely affect adjacent properties or the general appearance of the site from public right-of-way. The number of signs shall not exceed four (4) unless approved by the City Council . — (3) Signs or displays which contain or depict a message pertaining to a religious, national, state or local holiday and no other matter, and which are displayed for a period not to exceed seventy-five (75) days in any calendar year. CONT: This section should be amended to include community signs with the intent that they be used for religious, national, state or local holidays or festivals . This would include banners, flags, — etc. There needs to be some criteria including the need to define the size and location of these types of signs . (4) Informational signs not exceeding sixteen (16) square — feet . (5) Integral signs . — ( 6) Motor fuel price signs are permitted on the premises of any automobile service station only if such signs are affixed to the fuel pumps or are made an integral part of a ground low profile or pylon business sign otherwise permitted in that zoning district . Motor fuel price signs affixed to a fuel pump shall not exceed four (4) — square feet in sign display area. When such signs are made an integral part of a freestanding business sign, the sign display area devoted to the price component — shall not exceed thirty (30) percent of the total sign display area of the sign. (7) Nameplate signs not exceeding two (2) square feet . — CONT: There is no definition for integral sign, although a nameplate is a type of integral sign. Therefore, #5 and #7 should be combined. The definition of integral/nameplate needs to be amended to state that the two square feet is the total per building and does not include multi-tenant names . (8) Non-illuminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one (1) year from the date of — issuance of the first building permit on the site, and may be extended on an annual basis . One (1) sign shall be permitted for each street the project abuts . — Commercial and industrial signs may not exceed fifty (50) square feet in sign area, and residential construction 4 signs may not exceed twenty-four (24) square feet in sign area . (9) O.S .H.A. signs . (10) Signs of a public, non-commercial nature erected by a governmental entity or agency, including safety signs, directional signs to public facilities, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like. _ COUNT: An O.S .H.A. sign, #9, is a type of governmental agency sign and should be combined with #10 . (11) Rummage (garage) sale signs . Rummage sale signs shall be removed within two (2 ) days after the end of the sale and shall not exceed five (5) square feet . Rummage sale signs shall not be located in any public rights-of-way. The city shall have the right to remove and destroy signs not conforming to this paragraph. The city may assess a fee in the amount established by resolution for each sign removed by the city. (12 ) Temporary development project advertising signs erected for the purpose of selling or promoting any non- residential project, or any residential project of ten (10) or more dwelling units, shall be permitted subject to the following regulations : a. Not more than two (2) such signs shall be allowed per project . b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be set back not less than twenty- five (25) feet from any property line, and shall be firmly anchored to the ground. d. No such sign shall be located closer than two hundred (200) feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than two hundred (200) feet from any other such sign located on the same side of the street . f. Sign display area shall not exceed sixty-four (64) square feet, and the height of such signs shall not exceed fifteen (15) feet . 5 g. Such signs shall be removed when the project being advertised is eighty (80) percent completed. For the purpose of this paragraph, the percentage of project completion shall be determined by dividing the number of dwelling units sold in the — residential project by the total number of units allowed in the approved development plan; and by dividing the number of buildings constructed in non-residential projects by the total number of building sites in the approved development plan. CONT: Temporary signs for development projects should be — limited to those projects located in the City of Chanhassen. In addition, a requirement should be made that the signs be non- illuminated. — (13 ) Temporary real estate signs which advertise the sale, rental or lease of real estate subject to the following conditions : a. On-premises real estate signs advertising the sale, rental or lease of the premises upon which the sign is located. 1 . One (1) non-illuminated sign is permitted per — street frontage. 2 . Sign display area shall not exceed twelve (12 ) square feet per sign on property containing — less than ten (10) acres in area,and thirty- two (32 ) square feet per sign on property containing ten (10) or more acres . — 3 . No such sign shall exceed ten (10) feet in overall height, nor be located less than ten _ (10) feet from any property line. 4 . All temporary real estate signs shall be removed within seven (7) days following sale, lease, or rental of the property. b. Off-premises real estate signs advertising the — sale, rental or lease of business and industrial buildings : 1 . One (1) non-illuminated sign is permitted per building. 2 . Such signs shall only be permitted in business and industrial districts and on property located with the same subdivision or development as the building being advertised. 6 3 . Such signs shall not be located closer than two hundred (200) feet from any other such sign located on the same side of the street . 4 . Sign display area shall not exceed thirty-two (32 ) square feet , and the height of such signs shall not exceed fifteen (15) feet . 5 . Such signs shall be removed within seven (7 ) days following the lease or sale of eighty percent (80%) of the building floor space which it is advertising, or within twelve (12 ) months from the date a permit is issued, whichever comes first . c . Off-premises directional signs which show direction to new residential developments in accordance with the following. The intent of this subparagraph is to allow short term signage, for residential development, to familiarize the public with the new development . 1 . Such sign shall only be permitted along major arterials and collectors as identified in the comprehensive plan. 2 . Only one ( 1) sign per intersection and one ( 1) sign per development shall be permitted. 3 . Sign display area shall not exceed twenty-four (24) square feet and the height of such signs shall not exceed ten (10 ) feet . -- 4 . Such sign shall not be located closer than twenty-five (25 ) feet from any street right- of-way line, and shall be firmly anchored to the ground. 5 . Such sign shall only be constructed out of wood materials and be non-illuminated. 6 . Such sign shall be removed six ( 6 ) months after the sign has been erected and developer may not apply for a second off-premises directional sign permit . 7 . Sign copy shall include the name of the subdivision and a direction arrow only. 7 Sec. 20-1256. Permit for searchlights, banners, etc. The use of searchlights, banners, pennants and similar devices which extend over public rights-of-way, shall require a permit . The permit shall be valid for no more than ten (10) consecutive — days . No more than three (3) permits per business shall be granted during any calendar year. COMMENT: Traffic safety may be an issue if banners/pennants are allowed to extend over the public right-of-way. It may be appropriate to state that the Engineering Department shall approve any sign over the public rights-of-way. Sec. 20-1257 . Display of permit. Signs requiring permits shall display the permit sticker or sticker number in a conspicuous manner. COMMENT: Currently, the City is not using the permit stickers . — The purpose of the sticker is to be able to readily determine whether or not a permit has been issued upon quick inspection of the sign. Staff feels that an accurate inventory of signs can be — made, as well as reviewing for normal maintenance, without the use of stickers . Sec. 20-1258. Inspection. All signs for which a permit is required shall be subject to inspection by the city building official . At minimum, an annual — inspection shall be made. The building official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this article. — COMMENT: Currently, the City is not doing this . It is a good idea to have all signs in the city inspected annually. Not only will _ this aid in finding illegal signs, but it will also help in identifying those signs in need of maintenance or signs in disrepair. Sec. 20-1259 . Prohibited signs. The following signs are prohibited: (1) Advertising signs . (2 ) 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 . — (3) Motion signs and flashing signs, except time and temperature signs and barber poles . — 8 (4) Projecting signs . COMMENT: Projecting or suspended signs should remain illegal , except an awning or canopy sign may be permitted. The definition of a Awning or Canopy sign is "a sign constructed of flexible translucent or fabric-type material which incorporates a written message or logo on the exterior" . ( 5) 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 . (6) Business signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than thirty (30 ) days from the date of vacancy . (7 ) Wall graphics . COMMENT: The definition of wall graphics needs to be expanded to include items which, by their nature, act as a sign without using any words . These graphics include such items as corporate logos or company symbols . These would be excluded unless they were included as part of an approved sign, as noted in Section 20-1268 Non- commercial Speech. (8) Portable signs except as permitted in Section 20-1272 . CONT: No off-premise temporary sign should be allowed except those specifically noted and regulated for real estate purposes or otherwise noted in the ordinance . Temporary signs should be limited to on-premise establishments for the purpose of special events or grand openings . (9 ) Signs which are tacked on trees, fences or utility poles . (10) Home occupation signs, except for one (1) identification sign . The sign may not exceed two (2 ) square feet in area . COMMENT: Home occupations , whether a permitted or conditional use, should receive a sign permit . Home occupation signs need to 9 be moved to Division 2 of the Sign Ordinance, Signs Allowed in ._._ Specific Districts by Permit . Sec. 20-1260 . Nonconforming uses. When the principal use of land is legally non-conforming under this chapter, all existing or proposed signs in conjunction with that land, shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. COMMENT: We may also wish to establish a category for non- conforming signs which are located on property having a conforming use. If a non-conforming pylon sign is destroyed, should it be allowed to be rebuilt or must it now comply with current standards? — Sec. 20-1261 . Bonus sign area. (a) To encourage design excellence, the maximum sign areas for certain businesses, industrial, and directory signs may be increased up to a maximum of ten (10) percent based on the original sign area limitation. (b) Ground profile, free standing and wall signs may be increased as follows : — (1) When the sign is constructed of solid wood and uses only earth tone colors . (2) When the sign (except for wall signs) is installed in a landscaped planter. COMMENT: Consideration to the following elements should be given when submitting plans for signs; architectural compatibility, color and style, size, scale, proportion (balance) , location, and — landscaping. Pole covers should be considered as a requirement as well as requiring monument signs only. Sec. 20-1262 . Uniform Sign Code. — The design and construction standards as set forth in Chapter 4 of the 1985 Edition of the Uniform Sign Code as may be amended, are adopted. COMMENT: This section should be eliminated from the ordinance. The Uniform Sign Code has definitions that conflict with those in this ordinance. The definitions in the Sign Ordinance are specific and reflect the desires of the City of Chanhassen. The Uniform Sign Code is very generic and does not address specific standards — the city wants to establish. This section should be rewritten and be called Construction Standards and should state that all signs 10 shall comply with the National Electrical Code and Uniform Building Code as a requirement . Sec. 20-1263. Electrical regulations. The installation of electrical signs shall be subject to the National Electrical Code as adopted and amended by the city. Electrical service to such sign shall be underground. Sec. 20-1264. Address sign required. Except for farm buildings, at least one (1) address sign identifying the correct address shall be required on each principal building, accessory building, or mail boxes in all districts . The numbers shall be at least three (3) inches in height . Sec. 20-1265. General location restrictions. (a) No sign or sign structure shall be closer to any lot line than a distance equal to one-half (1/2) the minimum required yard setback. No sign shall be placed within any drainage or utility easement . (b) Signs on adjacent non-residential property shall be positioned so that the copy is not visible from residential uses or districts along adjoining side and rear yard property lines . (c) No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way or public easement, or project over public property. _ COMMENT: Section 20-1269 Traffic Hazards, etc. , should be combined with this section. In addition, a site distance triangle should be used. This would require that all signs be placed a minimum of 60 feet from an intersection. This would eliminate signs from creating a site distance problem at intersections . Signs should not be allowed to extend over any pedestrian or vehicular access area unless specifically approved by the City Engineer. Sec. 20-1266. Maintenance and repair. _ Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired or replaced by the licensee, owner or agent of the building upon which the sign stands . COMMENT: The definition of maintenance needs to be expanded. Every sign should be kept in complete operating condition. The landscaped area in which any sign is placed shall be kept free from weeds, garbage, and debris . Maintenance includes the repair of 11 facades where signs have been removed; the painting, cleaning, and repairing of signs . Maintenance should not include structural alterations, cosmetic or style changes, or enlargements . 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. COMMENT: This section should reflect the city's intent as stated — in the purpose section, that being signs which require architecturally compatibility with the building. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and multi-tenant buildings should submit a comprehensive sign plan for approval by the Planning Commission and — City Council . Sec. 20-1268. Noncommercial speech. Signs containing non-commercial speech are permitted anywhere that business signs are permitted, subject to the same regulations applicable to such signs . — Sec. 20-1269 . Traffic hazards, etc. Signs shall not create a hazard to the safe, efficient —' movement of vehicular or pedestrian traffic . No private sign shall contain words which might be constructed as traffic controls, such as "Stop, " "Caution, " "Warning, " unless the sign is intended to — direct traffic on the premises . COMMENT: This section should be added to the general location — restrictions . Sec. 20-1270 . Attachment to building. No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the building official . — COMMENT: Currently, the Building Department is not inspecting these types of signs . This procedure will be modified as the administrative procedure has changed. This section should be amended to state that any canopy or awning sign should have a minimum of an eight (8) foot clearance. 12 Sec. 20-1271. Attachment to rocks, fences, etc. , interference with utilities. No signs, guy wires, stays or attachments shall be erected, placed or maintained on rocks, fences or trees nor, interfere with any electric light, power, telephone or telegraph wires or the supports thereof . Sec. 20-1272 . Illumination. Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. No such signs shall interfere with or obscure an official traffic sign or signal; this includes indoor signs which are visible from public streets . CONT: The illumination needs to be more specific such as, no sign or groups of signs shall exceed if foot candle in brightness as measured at the property line. Sec. 20-1273 . Portable signs . Portable signs may not exceed thirty-two (32) square feet and may not be illuminated with any flashing device. Use of a portable sign shall require a permit . The permit shall be valid for no more than ten (10) consecutive days . No more than three (3) permits per business shall be granted during any calendar year. CONT: A portable sign is a temporary sign and should be limited to on-site use. The purpose of a temporary sign should be for special events or grand openings . _ Sec.20-1274 . Obstruction of egress or ingress; attachment to standpipe or fire escape. No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. Sec. 20-1275. Construction requirements for freestanding signs. _ A free standing sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding twenty (20) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district . CONT: This section should be moved and combined with the new section to be called construction standards, Section 20-1262 . 13 Standards for canopy or awning signs needs to be developed as well —. as standards for menu boards . Menu boards should be placed in a landscaped planter. Sec. 20-1276 . Painting of supporting parts, etc. The exposed uprights, superstructure and/or backside of all signs shall be painted a neutral color such as light blue gray, — brown, or white, unless it can be illustrated that such part of the sign designed or painted in another manner is integral to the overall design of the sign. — COMMENTS: This section should be modified to state that all on- premise freestanding signs must have structural supports covered or concealed with pole covers . The actual structural supports — should not be exposed, and the covers should be architecturally and aesthetically designed to match the building. Sec. 20-1277 . Cemetery signage. Signage for a cemetery shall be processed as a conditional use permit in all districts . COMMENT: A section on Legal Action should be added to the sign ordinance . This section should address a procedure for notices of — violations to the ordinance, citations, abatement and removal of unsafe or dangerous or illegal signs and abatement and removal on non-maintained, abandoned signs or signs identifying a discontinued — use. A right of appeal section should also be included in this section. DIVISION 2 . SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT — Sec . 20-1301 . Agricultural and residential districts. — The following signs are allowed by permit in the A-1, A-2 , RR, RSF, R-4, R-8 and R-12 districts : (1) Public and institutional signs . One (1) ground low profile or wall sign, not exceeding twenty-four (24) square feet of sign display area, shall be permitted on the premisses of any public or institutional property giving the name of the facility and nature of the use and occupancy. Such sign shall be located at least ten (10) feet from any property line, and shall not exceed five (5) feet in height . (2) Development identification signs . One (1) development — identification sign, not exceeding twenty-four (24) square feet of sign display area, shall be permitted for each major entrance into any residential development of 14 ten (10) or more dwelling units . For the purposes of this paragraph, "major entrance" shall be defined as the intersection of any local street serving the identified development with any arterial or collector street as designated as such in this chapter. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operations, and shall be securely anchored to the ground. CONT: This section needs to address those uses which are a conditional use in the agricultural and residential district, including uses such as a bed and breakfast, mineral extraction, day care, recreational beachlots, contractors yards, wholesale nursery and golf driving range. The home occupation ordinance permits one sign not to exceed two (2) square feet in area. Sec. 20-1302 . Neighborhood business and institutional districts. _ The following signs shall be allowed by permit in any OI or BN District : (1) Ground low profile business signs . One (1) ground low profile business or institutional sign not exceeding twenty-four (24) square feet of sign display area shall be permitted per street frontage, with a maximum of two (2 ) such signs per lot . Such sign shall be located at least ten (10) feet from any property line and shall not exceed five (5) feet in height . (2 ) Wall business sign. One (1) wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign display areas shall not exceed ten (10) percent of the total area of each building wall upon which the signs are mounted, but no individual business sign shall exceed _ twenty-four (24) square feet in sign display area . A wall business sign shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street . Sec. 20-1303 . Highway and general business districts. The following signs shall be allowed by permit in any BH, BG, or BF District : (1) Ground low profile business signs . One (1) ground low profile business sign shall be permitted per street frontage, with a maximum of two (2) such signs per lot . Such sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height . Such sign shall be located at least ten (10) feet from any property line. In no case shall any lot 15 contain more than two (2) freestanding business signs, _ whether such signs are pylon or ground low profile signs . (2) Pylon business sign. One (1) pylon business sign, not exceeding sixty-four (64) square feet of sign display area, shall be permitted per lot . A pylon business sign greater than sixty-four (64) square feet, but equal to or less than eighty (80) square feet, may be permitted after _ securing a conditional use permit . Such signs shall be located at least ten (10) feet from any property line, and shall not exceed twenty (20) feet in height . In no case shall any lot contain more than two (2 ) freestanding — business signs, whether such signs are pylon or ground low profile signs . (3 ) Wall business sign. One (1) wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign _ display areas shall not exceed fifteen (15) percent of the total area of each building wall upon which the signs are mounted. No individual business sign shall exceed eighty (80) square feet in sign display area. A wall -- business sign may be mounted upon any wall of a principal building. (4) Development identification signs . One (1) development identification sign, not exceeding sixty-four (64) square feet of sign display area, shall be permitted for each major entrance into any commercial development of three (3) or more buildings . For the purposes of this paragraph, "major entrance" shall be defined as the intersection of any local or collector street serving the -- identified development with any arterial or collector street as designated in this chapter. Such sign shall be located so as not to conflict with traffic visibility or _ street maintenance operations, and shall be securely anchored to the ground. Sec. 20-1304 . Industrial office park signs . — The following signs shall be allowed by permit in any IOP District : (1) Ground low profile business signs . One (1) ground low profile business sign shall be permitted per street _ frontage, with a maximum of two (2 ) such signs per lot . Such sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height . Such sign shall be located at least ten (10) feet from any property line. 16 (2 ) Wall business sign. One (1) wall business sign shall be permitted per street frontage for each business occupant _ within a building. The total of all wall mounted sign display area shall not exceed fifteen (15) percent of the total area of the building wall upon which the signs are mounted. No individual business sign shall exceed eighty (80) square feet in sign display area. A wall business sign may be mounted upon any wall of a principal building. (3 ) Development identification signs . One (1) development identification sign, not exceeding ninety (90) square feet of sign display area, shall be permitted for each major entrance into any commercial development of three (3 ) or more buildings . For the purposes of this paragraph, "major entrance" shall be defined as the intersection of local, collector or arterial streets serving the identified development with any arterial or collector street so designated in this division. Such _ signs shall be located so as not to conflict with traffic visibility or street maintenance operations . and shall be securely anchored to the ground. (Ord. No. , Art . IX, S8 . 12-15-86 Sec. 20-1305 . Central business district. The following signs shall be allowed by permit in the CBD District : (1) Wall business sign. One (1) wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign display areas shall not exceed fifteen (15) percent of the total area of the building wall upon which the signs are mounted. No individual business sign shall exceed sixty-four (64) square feet in sign display area. The design and location of all business signs in this district shall be in keeping with the purpose and intent of this article and the goals and objectives of the downtown redevelopment plan of the city. Central Business District signage shall be uniformly designed to be an integral part of the building' s architecture to avoid excessive signage and to ensure a harmonious appearance throughout the downtown area. (2) Business directory sign. One (1) business directory sign _ shall be permitted per shopping center. The design and location of such shall be consistent with the design objectives for wall business signs in this district . The maximum height for such sign shall be twenty (20) feet -' and the total sign display area shall not exceed (80) square feet . 17 (3 ) Pylon business sign. One (1) pylon business sign, not _ exceeding sixty-four (64) square feet in sign display area, shall be permitted per lot . Such signs shall be located at least ten (10) feet from any property line, and shall not exceed (20) feet in height . (Ord. No. 80, Art . IX, S 9, 12-15-86) Secs. 20-1306-20-1350 . Reserved. COMMENT: Planned centers and multi-tenant buildings should only be allowed one directory (monument or freestanding) , and then be limited to wall signs only. These signs should have a common theme — and be architecturally compatible with the building. This would apply to the highway and general business, industrial office park and central business districts . — Consideration should also be given to the size of the development . The way the ordinance is written, whether the project is acre or 20 acres, the same amount of signage is permitted. Scale of the developments should be a factor in determining the amount of signage. Two freestanding signs, 20 feet in height, may appear minimal on a 10 acre site; but on a 'r5 acre site, 2 signs — would have negative impact on the aesthetics of the site. An example of freestanding signs out of scale with the building _ would be Country Clean, at the corner of Great Plains Boulevard and Chan View. The Chanhassen Mall (Frontier Center) sign is too tall for a business direction sign. The sign is also in need of maintenance. The American Legion has multiple freestanding — signage, causing visual clutter. This location (the Legion) is at a major entryway into the city and gives a bad impression of the city development standards . Amortization of non-conforming signs -- could be an element of the new ordinance. This issue has also been discussed in the Highway 5 Corridor Study. Sec. 20-1 DEFINITIONS Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible through a window or door, — which is used to advertise, announce, identify, display, direct or attract attention to an object, person, institution, organization, business, commodity, product, service, event or location, by means, — including words, letters, figures, design, symbols, fixtures, pictures, illumination or projected images . Sign, advertising means any sign which directs attention to a business, commodity, service, activity or entertainment not conducted, sold or offered upon the premises where such a sign is located. — Sign, bulletin board means a sign which identifies an institution or organization on the premises of which it is located and which 18 contains the name of the institution or organization, the names of _ individuals connected with it, and general announcements, of events or activities occurring at the institution or similar messages . Sign, business means a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located. Sign, business directory means a sign which identifies the names of specific businesses located in a shopping center and which is located on the premises of the shopping center so identified. Sign, campaign means a temporary sign announcing, promoting, or supporting political candidates or issues in connection with any national, state, or local election . Sign, canopy or 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. COMMENT: Need to add Changeable Copy, a sign which the copy is changed manually or electrically, such as a message center or reader boards with changeable letters or changeable pictorial panels, and electrically controlled time and temperature signs . It does not include panels or painted bulletins . _ Sign, construction means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects , engineers, landscape architects, contractors or similar artisans, and the owners , financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the situation or project . Sign, development identification means a permanent ground low profile sign which identifies a specific residential , industrial , commercial or office development and which is located on the premises of the development which it identifies . Sign, directional means a sign erected on private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such sign is located, including signs marking entrances and exits, circulation direction, parking areas, and pickup and delivery areas . Sign display area means the area within a single continuous perimeter enclosing the extreme limits or the actual sign message surface, but excluding any structural elements outside the limits of each sign not forming an integral part of the sign. The 19 stipulated maximum sign display area for a sign refers to a single facing. COMMENT: Sign Festive Flag Banner, a flag or banner constructed of cloth, canvas or light fabric, that is hung from a light pole. The flag/banner shall contain no advertising except for cultural events, special holidays/seasons, etc. Sign, flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. Sign, freestanding means any non movable sign not affixed to a building . Sign, governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. Sign, ground means any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure. Sign, ground low profile business means a business sign affixed directly to the ground, with the sign display area standing not greater than two (2 ) feet above the ground. COMMENT: The two ground sign definitions conflict . The definition of ground sign should be changed to a low sign where the extent of the sign surface is attached to the ground or a foundation in the ground, and where there are no poles, braces, or other visible means of support other than attachment to the ground. Sign, holiday decoration means a temporary sign in the nature of decorations, clearly incidental to and customarily and commonly associated with any national , local or religious holiday. Sign, home occupation means a sign containing only the name and occupation of a permitted home occupation. Sign, illuminated means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign. Sign, informational means a sign containing descriptions of major points of interest , government institutions or other public _ services such as hospitals, sports facilities, etc . Sign, institutional means a sign which identifies the name and other characteristics of a public or private institution of the site where the sign is located. 20 Sign, integral means a sign a constructed as to be an integral portion of the building of which it forms a part . COMMENT: Need to add the definition of Menu Boards, a sign that is used to advertise the product 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 . COMMENT: Should add the definition of Sign, Nonconforming, a sign or sign structure or portion thereof lawfully existing at the time this ordinance became effective, which does not conform totally to the regulations prescribed in the District in which it is located. Sign, Off-Premise, 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-Premise, 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, pole or pylon means a freestanding sign erected upon a pole, -- post or other similar support so that the bottom edge of the sign display area is eight (8) feet or more above the ground elevation at the base of the sign. Sign, portable means a sign designed 80 as to be movable from one (1) location to another, and that is not permanently affixed to a building, structure, or the ground. 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, craft show or Christmas tree sale . 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. 21 Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the roof line of a building with a flat roof, the eave line of a building with a gambrel , gable or hip roof or the deck line of a building with a mansard roof . Sign, temporary means a sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time. Sign, wall means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of the wall, and which does not project more than twelve (12 ) inches from such building or structure . — COMMENT: Should add the definition of Sign, Window, a sign either attached to a window or door or located within a building so as to be visible through a window or door from outside of the building. Pictures should be used with many of these definitions . A picture is worth a thousand words and helps in interpreting the definition. 22