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HomeMy Public PortalAbout12-13-2011MEDINA PLANNING COMMISSION AGENDA TUESDAY, DECEMBER 13, 2011 7:00 P.M. CITY HALL (2052 County Road 24) 1. Call to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Approval of October 11, 2011 draft Planning Commission minutes. 6. Continued Public Hearing — Text Amendment to Chapter 8 of the Medina City Code related to regulations for signs. 7. Continued Public Hearing — JJC Hamel LLC — Request to rezone 805 Hamel Road from UR, Urban Residential to R2, Two Family Residential and subdivide one lot into two lots (PID #11-118-23- 41-0001). 8. Public Hearing — Sarah Borchers and Brian Kingsley — Request for a Setback Variance from the 50 foot requirement along the south property line to reconstruct a new in -ground swimming pool in the Rural Residential (RR) zoning district — 1512 Tamarack Drive (PID #26-118-23-12-0004). 9. City Council Meeting Schedule 10. Adjourn POSTED IN CITY HALL December 9. 201 1 PC Update, August/September/December 2011 The Council: Approved the ordinance related to Parking Standards with the following additions: added language that clarified off-street parking standards, which also apply to parking ramps; allowed some 8' x 16' stall proportions for compact cars on lots and ramps with over 40 spaces; added language to require recreational and commercial vehicles to park on hard cover surfaces in residential areas, but permitted outside storage of farm equipment; crafted language regarding the dissolution of shared parking, if for instance, there was a change in use that made shared parking no longer feasible. Otherwise, all recommendations of the PC were honored. received staff's first financial report since the City took over operation of the German Liberal Cemetery on Hamel Road. The goal is to keep cemetery administration cost -neutral to the City. This was achieved in 2011 but at a narrower margin than anticipated. To build the Perpetual Maintenance Fund, the City raised burial lot prices, and fewer sites were sold than had been projected. Concern was expressed that the higher prices could exclude Medina residents from site purchases. Council directed the City Attorney to see if a discount for residents is legally acceptable. delayed the work to lay the electricity and light stand bases for the first field in the Hamel Legion Park 4-plex of ball fields, due to the contractor withdrawing his bid. The grant money remains viable through next summer, when the work will be rebid. Council heard a presentation on the proposed design for the Highway 55/116 upgrade that would build two left turn lanes from County 116 going east on Highway 55, would close business accesses and build backage roads to businesses. Many affected businesses will be impacted by the changes and an open house was held November 14th to show businesses potential designs. The Council believes that no designs are viable without a traffic light at Clydesdale and 116. At present, there is money available for the design phase but inadequate funds for rebuild, land acquisition and compensation for compromised or lost businesses; approved the Storm Water Management Ordinance. Council modified triggers for Major Expansions to 1/2 an acre or more, which is less demanding than the original 10,000 sq. ft. and the PC's recommended trigger of 20,000 sq. ft. of new impervious surface. Council also eased the trigger for Minor Expansions to 5,000 sq. ft. up to 1/2 acre of extra impervious. The second significant change is to require redevelopment projects which would trigger an NPDES permit (those 1 acre or more) which do not increase impervious surface to maintain present volume control and are exempted from a 20 percent reduction in phosphorous run-off, as long as they do not disturb beneath the gravel base. This missed opportunity to improve run-off from large areas of impervious surfaces disappointed me, but the same standard would have to apply to City roads, which could increase expenses significantly. The ordinance will trigger 20 percent phosphorous reduction only on rehabs and reconstruction of roads and large parking lots. - allowed through the ordinance waiver, an applicant for a private kennel license on a lot under 8 acres to keep 6 small dogs, with no breeding. The kennel license permits a fourth dog. approved $1,500 to help fund a survey at the outlet and through the large marsh of Lake Independence to assess where the outlet is blocked, causing abnormally high waters for the last 7 years. High waters means no -wake boating, since boat wakes would destabilize the shoreline, causing sediment and phosphorous to enter the lake, and Three Rivers Park District wishes not to have boating restrictions. - heard a presentation from Orono High School students on initiating a Tobacco Free policy in city owned parks and approved a policy - transferred control of Tax Development District 1 and Tax Increment Finance District 1-9 into the Medina Economic Development Authority; approved the Ordinance regarding Accesory Dwelling Units in Residential Zoning Districts, with all recommendations of the PC, but allowing rentals, as long as the owner lives in one of the residences, and requiring adequate septic capacity for Accessory Dwelling Units in RR zoning district; approved applying for a Great River Greening grant to improve Tomann Preserve on Pioneer Trail; directed staff to look into replacing the storm water utility fee with taxation by residence in watersheds to support water quality improvements; reduced the budget by $77,000 to $3,786,425 and set the levy; directed staff to work with the City of Independence to have an engineer study sewer capacity to see if the Vinland Center's proposed 60 -bed expansion can be added to the existing sewer system; reviewed Wally Marx Conservation Design plan for 10 units, which fail to meet the objectives of the ordinance, and learned that a proposed eight -unit plan will be coming before the PC; heard a request for an eight -dog kennel license for a 9.6 acre residence and directed staff to draw up a resolution; however, the final mumber of dogs allowed is still unsettled; endorsed the Hollydale Task Force recommendations for the upgrade of the electrical transmission line through Medina and beyond. MEMORANDUM TO: Mayor Crosby and Members of the City Council FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson DATE: December 1, 2011 SUBJ: Planning Department Updates December 6, 2011 City Council Meeting I will be on parental leave beginning December 5 and will return during the first week of January. During this time, I will be checking my email occasionally and will likely attend City Council and Planning Commission meetings. Associate Planner Cooney and Planning Assistant Peterson will be available for any questions in the meantime. Have a great holiday season! Ordinance Updates A) Stormwater/LID Ordinance — The City Council adopted the ordinance at the November 15 meeting and the ordinance has been published and is in effect. B) Accessory Dwelling Unit Regulations — The City Council adopted the ordinance at the November 15 meeting and the ordinance has been published and is in effect. C) Sign Ordinance — Staff has begun work on the sign ordinance, which is the next ordinance identified on the work plan. Initially, staff intended to only make clerical changes to the ordinance in order to add the new zoning districts. Following the discussion of the Planning Commission and City Council related to off -premise signage, however, staff intends to complete a more comprehensive revision of the ordinance. The Planning Commission reviewed the ordinance at their October meeting, provided staff with direction on a number of policy questions, and staff plans to present a more comprehensive amendment to the sign ordinance at the December Commission meeting. Land Use Application Reviews A) Marx Conservation Design Subdivision — 2700 and 2900 Parkview Drive — Wally Marx has requested review of a CD-PUD Concept Plan for a subdivision which would allow a density bonus (10 lots) and flexibility to lot size and setback requirements and place a portion of their property into Conservation Easements. The Planning Commission held a Public Hearing at their July 12 meeting and unanimously recommended denial of the request. The Park Commission reviewed the matter at their August meeting. The applicant has requested that the Concept Plan be reviewed by the City Council at the December 6 meeting. B) J. Cavanaugh Plat — 805 Hamel Road — Joe Cavanaugh has requested subdivision of property at the southwest corner of Hamel Road and Pinto Drive. The Planning Commission tabled the Public Hearing at their January 11 meeting, requesting more information related to drainage and stormwater management. The applicant has submitted updated plans, and staff will present the updated plan to the Planning Commission at their December meeting. C) Borchers/Kingsley Pool Setback Variance — 1512 Tamarack Drive — the property owners have requested a variance from the 50 -foot setback requirement in order to reconstruct an existing pool. The existing pool is located 20 -feet from the southern property line, and the applicant proposes to place the new pool further from the property line, but in a location closer than 50 - Planning Department Update Page 1 of 2 December 6, 2011 City Council Meeting feet from the property line. A Public Hearing is scheduled for the December 13 Planning Commission meeting. D) Pemtom Stage HI/Final Plat — N of Highway 55 and W of CR 116 — The City Council approved the Rezoning, Stage II, and Preliminary Plat at the August 16 meeting. The applicant has now applied for Final Plat approval, and staff is conducting a preliminary review. The item could potentially be reviewed by the City Council on December 20 or in January. E) Fortuna Farms Plat — 1425 Tamarack Drive — the Council approved the preliminary plat resolution on November 22, 2010, and staff awaits an application for final plat approval. F) Wrangler's Restaurant — 32 Hamel Road — the Council approved resolutions on July 21, 2009. The City Council granted until February 7, 2012 for the applicant to final the plat. Additional Projects A) Xcel Energy Hollydale Powerline Update — staff has been serving on the Advisory Task Force for the public permitting process for a proposed project to increase the voltage capacity of powerlines which lead across the middle of Medina from the substation on Willow Drive south of County Road 24 to the Plymouth border. B) Long-term Infrastructure Planning — staff has been assisting the Public Works and Administration Department with long-term infrastructure planning. This project will continue into 2012. C) Records Management — staff is researching options for improving the management of records in the Planning and Building files of the City. Staff has identified this as a goal to improve the information available to residents, to increase efficiencies at City Hall, to improve the use of cramped storage facilities available, and to utilize electronic sources of records management when it makes sense. D) Park Dedication Procedures — staff is reviewing the procedures by which Park Dedication requirements are calculated for development projects. The calculations involve many variables including market values, maximum/minimum fees, and different percentages of land vs. fees. E) Private Dog Kennel License (Neumann) — The City Council adopted a resolution approving a waiver/license for six dogs at the November 15 meeting. The project will now be closed. F) Private Dog Kennel License (Buckley) — The property owner has requested a private kennel license to keep 8 dogs within their home at 1822 Morgan Road. The City Council will review the request at the December 6 meeting. G) Private Dog Kennel Licenses — staff has been assisting with the coordination of an additional request for a private dog kennel license for 9 dogs in a home on Oakview. H) Zoning Enforcement (Hamel Station tree removal) — The City received payment of approximately $13,000 as was required by the agreement related to mitigating the tree loss for this project. The developer will be replacing plants which did not survive next spring and staff will inspect and make additional maintenance recommendations in the spring and an inspection again in the fall of 2012. Planning Department Update Page 2 of 2 December 6, 2011 City Council Meeting 1 CITY OF MEDINA PLANNING COMMISSION 2 Draft Meeting Minutes 3 Tuesday, October 11, 2011 4 5 6 1. Ca11 to Order: Commissioner Nolan called the meeting to order at 7:01 p.m. 7 8 Present: Planning Commissioners Kathleen Martin, Victoria Reid, Kent Williams, 9 Charles Nolan, Beth Nielsen (arrived at) and Robin Reid 10 11 Absent: John Anderson 12 13 Also Present: City Council member Elizabeth Weir, City Planner Dusty Finke, and 14 Debra Peterson -Dufresne 15 16 2. Public Comments on items not on the agenda 17 18 No public comments. 19 20 3. Update from City Council proceedings 21 22 Council member Elizabeth Weir presented a report of recent activities and decisions 23 by the City Council. 24 25 4. Planning Department Report 26 27 Finke provided an update of upcoming Planning projects. 28 29 5. Approval of the August 9, 2011 Draft Planning Commission meeting minutes. 30 31 Motion by R. Reid, seconded by Williams, to approve the August 9, 2011 minutes 32 with no changes. Motion carried unanimously. (Absent: Nielsen and Anderson) 33 34 6. Public Hearing — Text Amendment to Chapter 8 of the Medina City Code 35 related to regulations for signs. 36 37 Finke presented and explained why the sign ordinance was being revised, what 38 changes were being proposed to the ordinance, and what was being requested of the 39 Commission such as discussion of the broader policy questions. 40 41 He asked the Commission if staff should bring a more limited text amendment or a 42 full rewrite. R. Reid said there are some sign issues not addressed: 1. Construction 43 site signs that stay a lot longer than the construction has lasted. 2. Independence 44 Beach has a lot of clustering of For Sale signs. 3. Advertising signs so if not taken 45 down soon enough then they can be taken down and not have to call each person 46 advertising. 1 1 Nielsen arrived at 7:33 p.m. 2 3 Martin said there are maybe a lot of businesses that aren't aware of regulations. R. 4 Reid said limiting garage sale signs, open house or real estate signs for a certain 5 period of time would be acceptable. 6 7 V. Reid asked if billboards were allowed. Finke said no. 8 9 Public Hearing was opened at 7:37 p.m. 10 11 Jeff Pederson, 710 Shawnee Woods Road, asked the Commission to review the 12 ordinance as if they were a business owner and how and where they would place 13 signage. He asked the Commission to keep in mind that businesses bring in a lot of 14 taxes and they need advertising to succeed. 15 16 Pederson did say that a lot of temporary signage was at the corner of 55 and 101 on 17 weekends, yet he wants homeowners to be able to sell their homes. 18 19 Public Hearing closed at 7:39 p.m. 20 21 Maximum Sign Area Based on Lot Size — Finke asked if lot size was an appropriate 22 measure for signage. Nolan said he doesn't see the size of a lot being a measure for 23 how much signage should be allowed. The size of signage should be based on the 24 type of district it is in. He said determining the amount of square footage based on 25 the amount of building frontage or spacing of signage is a better control of signage 26 density. In summary, the type of zoning district, the amount of frontage on the road, 27 and maybe some accommodation for the type of road (classification). He said he 28 could see Highway 55 having different requirements than all the other roadways in 29 Medina. Each of them would need to have a maximum. 30 31 R. Reid said she liked the idea of using lot frontage and the zoning district as a tool to 32 calculate signage. V. Reid said the size of the lot restricted signage, yet liked how 33 different it looks when you drive from Plymouth into Medina. 34 35 Nolan said he could see a slightly larger signage on State Highway 55 than other 36 areas in the City. He explained some communities have a maximum square footage 37 per property. 38 39 Martin said she has more knowledge in retail and wanted to add that a limit is 40 typically put on freestanding signs and then a percentage of the size of the wall for the 41 wall signage. She said in today's market fewer restrictions should be placed on retail 42 since it has been a difficult market in trying to get tenants. 43 44 The Commission agreed to not calculate maximum area of signage on lot size. 45 2 1 Painted Window Signs — Martin said she didn't like window signage. R. Reid said it 2 depended on the type of business and didn't know if they should make a distinction. 3 She said all the McDonald's and fast food restaurants put window signage in all the 4 time. Finke asked if a permit should be required. The Commission agreed a permit 5 wouldn't be necessary. Nolan said the window signage should count towards overall 6 signage even if a sign permit isn't required. 7 8 The Commissioners did not have a problem with a painted sign in a window. 9 10 Nielsen asked if the 25% window signage coverage was per window or overall? 11 Finke said it is per window. Nolan advocates picking a percentage. Williams 12 suggested 50 percent and didn't like the idea of limiting. Nielsen felt 50% seemed a 13 bit excessive. 14 15 R. Reid said she wouldn't try and distinguish the difference between painted and 16 poster and likes the idea of 50 percent of each window. Commission concluded with 17 50 percent for all commercial, business and Uptown Hamel districts. 18 19 Freestanding Signs — The Commission agreed to allow one sign per street frontage. 20 Distinction between pylon and monument signs — The Commission agreed that it was 21 good to have a distinction between the two sign types. 22 23 Nolan said the only location he could think of allowing a pylon sign would be along 24 Highway 55. R. Reid asked if a limit could be put on the height and maximum 25 amount of square footage. Finke said it sounded like height was more of an issue than 26 the shape of the sign. Nolan asked staff to research "monument and pylon sign 27 definitions." Martin suggested landscaping and illumination as requirements at the 28 base of the sign. 29 30 Internal and External Illumination of freestanding Signs - Nolan said the East Coast 31 doesn't allow a lot of internally illuminated monument signs, but rather externally 32 illuminated. Finke raised question of commercial growth that wouldn't be fronting 33 onto State Hwy 55. The Commission concluded to not allow internally illuminated 34 freestanding signs, except along State Hwy 55 where illumination would be allowed. 35 36 Open Houses and Garage Sale Signs — It was recommended that signs be allowed for 37 three days, but the date would be required to be somewhere on the sign. 38 39 Separate Temporary and Portable Signs — The Commissioners discussed For Sale 40 signs and New Home Construction signs. The Commission recommended these two 41 types of signs shall be removed within 30 days after the sale of the property or project 42 completed. Finke explained signs five square feet or under are automatically 43 allowed, such as real estate and contractor signs. 44 45 Motor Fuel Stations - The Commission recommended the extra signage allowed for 46 motor fuel stations should be eliminated. 3 1 Overall Sign Maintenance — Recommended all signs shall be maintained and kept in 2 good condition. 3 4 Inflatable Signs & Streamers — Recommended limiting number per year and number 5 of days at a time. 6 7 Lighting Regulations (specifically the current regulation to not allow a white 8 background) - Finke requested the Commission look at signs with white backgrounds 9 prior to the next meeting. 10 11 Finke asked for direction from the Commission on how to draft the ordinance. The 12 Commission agreed to have staff write the ordinance as a finished product and 13 requested staff look at communities that are progressive as examples. R. Reid said 14 she thinks Shoreview may be a good example based on the appearance of their 15 signage there. She said the City did a good job on their sign ordinance. 16 17 18 7. November PC Meeting Date — Finke announced the November Planning Commission 19 meeting date would be changed from Tuesday to Wednesday, which would make the 20 meeting date November 9th 21 22 8. City Council Meeting Schedule 23 24 9. Adjourn 25 26 Motion by Nielsen, seconded by Martin, to adjourn. Motion carried unanimously. 27 (Absent: Anderson) 28 29 4 r` StTn o <,15c Effective Accommodation of Electronic Message Center Technology A. Allow incorporation of an EMC on an existing freestanding sign as a permitted "replacement, restoration, maintenance, or improvement" as long as the area of the sign is not expanded. B. Recognize the "tiering" of changeable message technology in the ordinance 1. Mechanical, backlit, reader board. • Lowest cost • Commercial and institutional settings, churches, community centers, city halls 2. Electronic, alpha numeric only, monochrome • First step to electronic changeable message • Bulbs or blades • Medina center (bulbs), pricers (blades) • Some institutional uses 3. Digital, text and images, multicolor • Emerging technology, very costly, LED's • Images - a hand of bananas, and text about the bananas C. Allow a 32 sf EMC panel on typical freestanding sign • 32 sf of sign area is 40% of an 80 sf sign • A greater vertical dimension to the EMC's rectangular sign panel is needed to accommodate the typically vertical images possible with EMC technology along with horizontal lines of text • Exclude non EMC elements like pricers from calculations D. No longer regulate minimum letter height for changeable signs • Letter height is not regulated for other static signs in the City, and the regulations require changeable signs to be effectively static • The reader board letters they would replace on the 55 mph Hwy 55 and Hwy 12 Holiday sites are 7 inches tall Images and accurately rendered logos, now possible with EMC technology, in conjunction with text increases the speed of comprehension E. Provide specific, effective and applicable standards and measures for controlling brightness Electronic signs are brightest at noon, the opposite of other regulated lighting, including backlit or other internal illumination • Electronic signs cannot be effectively hooded or shielded and remain readable Maximum brightness and illumination. Dynamic signs shall be restricted in their illumination and brightness so that no sign with dynamic display may exceed a maximum illumination of 500 NITS during the nighttime (sunset to sunrise) and 7500 NITS during the daytime (sunrise to sunset). All signs with dynamic displays must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to comply with this requirements and assure at any time the sign's intensity does not exceed 0.3 foot candles above ambient light levels as measured from one hundred (100) feet from the sign's face. If there is a violation of the brightness standards, the adjustment must be made within one (1) business day upon notice of noncompliance from the city. Highway 55 23 ft 6 in tall, approximately 150 sf in area Holiday Stationstores Highway 12 20 ft 6 in tall, 64.5 sf in area Various Letter Heights Holiday Stationstores Alpha Numeric Monochrome LINT1iNE F iTNE SS 24hr COED CLUB 763-478-8881 MAATNA BUNS SWIM Lesser. ms+w.u.c moot 763-478-3025 ,EASING INFORMATION ACE PROPERTIES -163 3..3 99, Examples of Messages Displayed on the Dynamic Sign at the Holiday Stationstore at 601 North Fifth Street Customer: Location. HOLIDAY STATION STORES MAPLE PLAIN, MN # 256 Date: 9/8/11 File Name TENANT 1 TENANT 2 TENANT 3 Prepared By: CM 108482 - 3X6 1 -PROD LED, 3X6 EMC, 4X6 TENANT PANEL Co:m otapottmq not be execovhen racing a prating thin dualog. All colas met an MS m the < seat CMS( quirilent. If these colors ere meorrtq pkucproade the cvrtea P.Mi arab and a mi.vov to this du** ill bemade. ;ng: PERSaN/l DISTRIBUTED BY SIGN UP COMPANY 300 21st Scam Southwest PO Box 210 Waterman S1) 55201 0210 S/9NMANERS//MACEBU/LMfMS 1 (800) 843-9888 • wa w.personaslpmscom 8'-0" ID= 48.0 SQ FT 6'-0" PRICER= 28.0 SQ FT 3'-6" 1'-0" EMC= 31.2 SQ FT 4'-211 1'-0" ORS= 19.5 SQ FT 3'-0,e PROPOSED Customer: HOLIDAY STATION STORES Date: Prepared By: CM/IJA/TrT 4/19/10 7-6" EMC COPY TO BE 15" OR LARGER Cdnr oddpul may not be vied Men nanny a panting the draw,4 All can used ate PMS or tine closest CM equivalent 11 these colors arenurrectpkase provide the coned PUS match and a revision to ledrarng wibe made EXISTING ORIWOUTED EYWION UP COWANY 70021•1 STREET SOUTHWEST PO BOO 210 WATERTOW1, $D 5770141210 Location: # 392 MEDINA, MN File Name: 63573 - R2 - 3X8 PRICER - 4X7 EMC - 2X6 PANEL ENG: X Sign Makers/Image Bui/tiers Ph./ 1-800-843-9888 • MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: December 8, 2011 MEETING: December 13, 2011 Planning Commission SUBJ: Ordinance Amendment: Sign Ordinance Background Over the past few years, the City has created a number of new zoning districts consistent with the updated Comp Plan. The City's sign ordinance establishes regulations for signage based on zoning district. As a result, it is necessary to make changes to the sign ordinance in order to regulate signs in the new district. The Planning Commission discussed this issue and also a series of broad policy questions related to the sign ordinance at its October meeting and provided feedback to staff related to a number of changes. Changes in Attached Ordinance Zoning Districts Addressed The attached ordinance creates regulations for all of the "new" zoning districts created since adoption of the Comp Plan. During its October discussion, the Planning Commission expressed the desire that signage be lower profile if not located on Highway 55 or Highway 12. To address this, staff combined the regulations for the Commercial Highway (CH) and Business (B) zoning districts, which are districts intended to be proximate to major roadways. These districts generally allow larger and taller signs, and are addressed in Section 815.11 (beginning in the middle of page 9). The Business Park (BP), Industrial Park (IP), Commercial General (CG) are addressed in Section 815.13 (beginning at the bottom of page 10). Removed "Maximum Sign Area" Limitation; Amended Maximum Area of Signs The existing sign ordinance limits the total amount of signage on a property based on its size. Consistent with the direction of the Commission in October, the draft ordinance removes this limitation. Instead, the size of signage is regulated by the type (wall vs. freestanding) and the number of frontages. Staff believes that this change generally results in the regulations being more permissive in terms of the overall amount of signage allowed. The regulations of the draft ordinance are summarized in the table at the top of the next page. For the sake of comparison, the table summarizing the existing code and sign regulations in other communities is attached. Staff has also attached a description of a few signs in the community in order to provide context in terms of size and height. Ordinance Amendment Page 1 of 4 December 13, 2011 Sign Ordinance Planning Commission Meeting CH, CH -RR, B CG, BP, IP CN UH-1, UH-2 Freestanding Signs Max # 1 (or 2) 1 (or 2) 1 (or 2) 1 (monument only) Max Area 80 sq. ft. 64 sq. ft. 40 sq. ft. 40 sq. ft. Max Height 15 ft. 10 ft. 10 ft. 10 ft. Illumination Internal only if hwy Internal only if hwy Internal only if hwy Wall Signs Max Area (total) 8% of wall 8% of wall 8% of wall 10% of wall Max Area (indiv.) 64 sq. ft. 64 sq. ft. 64 sq. ft. 100 sq. ft. # of walls w/ signs No limit # frontages # frontages # frontages Limitation on Internally Illuminated Signs During the discussion in October, the Planning Commission recommended that internally illuminated freestanding signs only be allowed adjacent to Highway 55. Wall signs could still be internally illuminated, and freestanding signs could be lit via external lighting fixtures. Staff expressed some concern for properties along other major roadways (County Road 101, for example). As drafted, freestanding signs could be internally illuminated in the CH and B districts, since these are intended to be adjacent to major roadways. Freestanding signs in other districts could only be internally illuminated if located along the frontage of a state highway. Staff identified at least one existing sign which would not conform with this regulation. Garage Sale/Open House Signs The draft ordinance includes regulations related to "Event Signs" for things such as garage sales and real estate open houses. The Planning Commission had discussed allowing such signs in the right-of-way on a limited basis. As drafted, these signs can be posted for no more than 5 days (2 before the event, removed the day after) and have to be smaller than 4 sq. ft. in size and 3 feet in height. The signs are required to describe the location and day(s) of the event in order to make enforcement possible. Window Signs As discussed at the October Commission meeting, the current ordinance allows window signage in certain districts, but prohibits painted messages. Additionally, window signage is only allowed for special events in Uptown Hamel. The draft ordinance makes window signs regulations consistent across districts, allowing one window per tenant, up to a maximum of 50% of the window. The ordinance removes the distinction between painted window signs and posters, and also removes the requirement that such signage receive a sign permit. Separate regulations for Temporary and Portable signs The current code includes separate regulations for Temporary and Portable signs. Temporary signs are allowed 3 times per year for 21 -days at a time and Portable signs are allowed 4 times per year for 14 -days at a time. The Commission discussed this matter at the October meeting and did not see a reason to make a distinction. Ordinance Amendment Page 2 of 4 December 13, 2011 Sign Ordinance Planning Commission Meeting The draft ordinance allows each property to obtain six Temporary/Portable sign permits per year for 21 -days at a time. Inconsistencies/Interpretation Concerns Over the past five years, staff has noted a number of inconsistencies and interpretation questions within the ordinance. Staff included changes to these sections within the draft ordinance as well. Changes include: 1) Inconsistencies related to Temporary Signs updated 2) Definition of "Sign Area" clarified 3) Language related to "bonus" pylon signage for gas stations clarified 4) Definition of "Roof Signs" clarified for signs which are affixed to the top of awnings and not the roof of a building. 5) Setback and maximum size requirements added for temporary signs 6) Deleted reference to legal process to challenge City decisions; Made reference to ordinance language related to nonconformities and variances and deleted the separate language in this section. Potential Discussion Topics Staff has noted the following topics which the Planning Commission may wish to discuss and to provide direction. Maximum Wall Sign Area The existing code limits each individual wall signs in most districts to a maximum of 64 square feet. Staff has not amended this in the draft ordinance, but is curious if this may be too restrictive on larger buildings. The signs on a few properties in the City are described in the attached document. Target provides an interesting example. The smaller bulls -eye logo on the eastern side of the building is approximately 64 square feet (but only 1% of the area of the wall on which it is attached). The large sign on the front of the building is approximately 186 square feet (approximately 1.6% of the area of the wall on which it is attached). Lighting regulations — white background The City's lighting code is referenced in the sign ordinance. One of the requirements of the lighting ordinance is as follows: "Outdoor internally -illuminated signs must either be constructed with an opaque background and translucent text and symbols, or with a colored (not white, off-white, light gray, cream or yellow) background and generally lighter text and symbols." Staff believes this limitation was created because white lighted surfaces tend to seem brighter than darker surfaces. The prohibition of white backgrounds for lighted signs has been inconsistently enforced since enacting the lighting code. Staff has also received a few complaints from property owners applying for permits when staff has requested that they use a different color background for signs. Ordinance Amendment Page 3 of 4 December 13, 2011 Sign Ordinance Planning Commission Meeting Staff seeks direction on this matter. For an example of the difference between white backgrounds and those of other colors, please visit the intersection of Highway 55 and County Road 116. Attachments 1. DRAFT Ordinance amending Section 815 of the City Code related to Signs 2. Table summarizing sign regulations in Medina and other cities 3. Hypothetical examples applying the existing regulations of Medina and other cities 4. Description of existing signs in Medina for reference Ordinance Amendment Page 4 of 4 December 13, 2011 Sign Ordinance Planning Commission Meeting CITY OF MEDINA ORDINANCE NO. ### An Ordinance Amending Section 815 of the Code of Ordinances Regarding Signs The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 815 is amended by adding the underlined material and deleting the stricken material as follows: Section 815.01. Purpose. It is hereby declared by the city council that the aesthetic and safety interests of the city are reasonably promoted by the provisions of this ordinance. Accordingly, it is the intent and purpose of this ordinance to provide for the orderly and harmonious display of signs within the city; to aid in the identification of properties and enterprises for the convenience of the public; to avoid the erection of displays which produce deleterious and injurious effects to adjacent properties and to the natural beauty of the environment; to provide for the safety of the traveling public by limiting the distractions, hazards, and obstructions; to minimize visual clutter and encourage a positive visual environment; and to promote the mental and physical health, safety and welfare of the public. It is not the intent of this ordinance to regulate signage on the basis of content. 815.03. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: Subd. 1. "Abandoned Sign" is a sign located on a property which is vacant and/or unoccupied for a period of ninety (90) days; or a sign which is damaged, in disrepair, or vandalized and not repaired within ninety (90) days. Subd. 2. "Address Sign" is a sign which indicates the address, number and/or the name of occupants of the premises. An Address Sign shall not exceed two (2) square feet in area per side for a residential single family property, eight (8) square feet for a multi -family dwelling building and twelve (12) square feet for a commercial unit building, and shall not include any other messages. Subd. 3. "Billboard" is any structure or portion thereof on which lettered, figured, or pictorial matter is displayed that has an area of one hundred (100) square feet or more. Subd. 3.1. "Clear Vision Triangle" is the area to be left clear of signs and other obstructions so as not to interfere with sightlines at intersections. The Clear Vision Triangle is created by measuring 50 linear feet along the edge of each street or access drive as depicted below. �O o° 50' • Ordinance No. ### 1 DATE Subd. 4. "Directions' so° ' ' -,d for the purpose of guiding vehicles and pedestrian traffic m iinuing iueauuns 011 uie property where the sign is located. The Directional Sign shall be less than four (4) square feet in surface area, consist of only two surfaces and contain no illumination or additional messages. Subd. 5. "Dynamic Display" is any characteristic of a Sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the Sign or its components, whether the apparent movement or change is in the display, the Sign structure itself, or any other component of the Sign. This includes a display that incorporates a technology or method allowing the Sign face to change the image without having to physically or mechanically replace the Sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method of technology that allows the Sign face to present a series of images or displays. Subd. 5.1. "Event Sign" is a Sign posted on a temporary basis meant to inform the public of or guide the public to short term events such as garage/rummage sales or real estate open houses. Subd. 5.2. "Freestanding Sign" is a Monument Sign or Pylon Sign as defined herein. Subd. 6. "Historic Sign" is a sign that memorializes an important historic place, event or person and that is recognized by a governmental entity. Subd. 7. "Illuminated Sign" is a sign which is illuminated by an artificial light source. Subd. 8. "Incidental Sign" is a small sign, emblem or decal informing the public of goods, facilities or services available on the premises (e.g. a credit card sign or a sign indicating hours of business) and that does not exceed two (2) square feet. Subd. 8.1. "Internal Site Sign" is a sign which is not intended to be viewed from neighboring property or the right-of-way and which does not exceed two square feet. This include signs which guide internal site navigation and which identify handicap parking areas, fire lanes, upland buffer zones, and similar site features. Subd. 9. "Monument Sign" is a freestanding sign that is attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure and is typically encased or supported by masonry materials. Subd. 10. "Off -premises Sign" is a commercial speech sign which directs the attention of the public to a business that is not on the same premises where such business sign is located. Ordinance No. ### 2 DATE Subd. 11. "Portable Sign" is a sign so designed as to be movable from one location to another and which is not permanently attached to the ground or any structure, including those on wheels. Portable Signs shall not include any flashing lights. Subd. 12. "Projecting Sign" is a sign in which all or any part of it extends perpendicular to and projects from a building face, wall or structure and which its primary purpose is other than the support of the sign. Subd. 13. "Pylon Sign" is a sign erected on a post or posts, or freestanding shafts, walls or piers which is solidly affixed to the ground and not attached to a building. Subd. 14. "Roof Sign" is a sign erected upon the roof of a structure to which it is affixed or a sign painted on the roof of a structure. A sign located on a canopy, awning, or porch shall not be considered a Roof Sign if the top of such sign does not exceed the height of the adjacent wall of the structure to which the canopy, awning, or porch is attached. Subd. 15. "Sign" is any letter, word, symbol, device, poster, picture, statuary, reading matter, or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed which is displayed outdoors for informational or communicative purposes. Subd. 16. "Sign Area" is that area within the marginal lines of the sign surface which bears the announcement, name, advertisement or other message, or, in the case of letters, figures, or symbols attached directly to any part of a building or wall, that area which is included in the smallest rectangle which can be made to circumscribe all letters, the figures, or symbols displayed thereon. Th m Sign ^re., f r- a free standing ign refers to a single surface. For a two-sided freestanding sign, only a single surface shall be counted when measuring the total and maximum Sign Area. Subd. 16.1. "Sign Surface Area" is the total surface area of a Pylon Sign, calculated by multiplying the vertical width of the surface of the Sign times the horizontal height of the surface of the Sign. Sign Surface Area shall not include the area of the post(s), shaft(s), or pier(s) on which the Pylon Sign is erected. Ordinance No. ### DATE 3 Subd. 17. "Temporary Sign" is a sign which is erected or displayed for a limited period of time, is not illuminated and not of a permanent nature, including banners, inflatable devices or sandwich boards. Subd. 18. "Vehicle Sign" is any sign that is attached, painted on or placed onto or inside a parked vehicle that is used primarily for any purpose other than the sale or rental of the vehicle itself. Vehicle Signs shall not include signs on trailers, buses, trucks, taxis or other vehicles parked on the vehicle owner's own premise while in the course of business provided that the primary use of the vehicle is not for purposes outside of the premise's business. Subd. 19. "Wall Sign" is a sign affixed to the exterior wall, awning or canopy of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall, not to project more than twelve (12) inches from the surface to which it is attached. Subd. 20. "Window Sign" is a sign that is affixed to mot or painted on the interior or exterior of a window or glass door or otherwise displayed inside a building within three (3) feet back from the building's window or glass door with its message intended to be visible from rights -of -way or neighboring properties to and readable by the public. Subd. 21. "Zoning Administrator" is the officer or other person at the city charged with the administration and enforcement of this ordinance, or his or her duly authorized deputy. 815.05. Sign Permit Required; s --Exemptions; Sign Prohibitions Prohibi ed Signs_ Subd. 1. Permit Required. It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any Sign as defined in this ordinance in the city without first obtaining a permit therefore as required by this ordinance, except as provided in subdivision 2 of this Section. Subd. 2. Exemptions. A Sign permit need not be obtained for the following Signs, provided that all other applicable requirements of this ordinance are met: (a) One Sign smaller than five square feet in area (excluding temporary signs) may be posted on any parcel of land, except that such Sign may not be an Off -Premise Sign; (b) Signs posted by authorized government officials on public land or right-of-way;. (c) Signs within a business, office, mall or other enclosed area that cannot be seen from the outside; (d) Up to two Address Signs per property; (e) Incidental Signs; Ordinance No. ### 4 DATE (f) Flags. No flag on a flagpole shall exceed forty (40) square feet in area. No single property shall fly more than three (3) flags at one time. Flagpoles shall not exceed forty (40) feet in height. If the total area of the flags exceeds seventy two (72) square feet, the excess area shall be included in any Sign Area calculations for the property. Wall -mounted flags shall be limited to one flag per property and shall not exceed twenty (20) square feet in area; and (g) Internal Site Signs Handicapped parking Signs.} (h) Window Signs (i) Event Signs posted consistent with Section 815.07 Subd. 3 below. Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts. (a) Abandoned Signs; (b) Billboards; (c) Roof Signs; (d) Off premises SignsMylar or metallic balloons displayed or flown outside; (e) Vehicle Signs; and (g) Signs posted within the public right-of-ways and public property, excluding Directional Signs and Signs expressly allowed herein and by other governmental agencies. Section 815.07. Permitted Signs in all Zoning Districts. The following Signs are permitted in all zoning districts. A Sign permit is required for each Sign. Subd. 1. Signs on Construction Sites. Two Signs shall be permitted upon a construction site in any zoning district. Each Sign shall not exceed 32 square feet in area per surface; shall be limited to a single surface; shall be located upon the subject construction site; shall be set back ten (10) feet from the right-of-way; and shall be removed upon completion of the construction site improvements and release of the financial guarantee. Subd. 2. Temporary Signs and Portable Signs. (a) Duration of permits. No Sign permit shall be issued by the city for a Temporary or Portable Sign for a duration of more than twenty-one (21) days at one time. er Permits ser ear. Sign permits for a Temporary or Portable Si in shall not be issued for more than three (3) six twenty-one day periods in any calendar year. Permit periods may run consecutively without interruption if approved by the city. Number of signs per lot. Only one (1) Temporary or Portable Sign shall be allowed on a property at one time. In cases of properties with multiple tenants, one (1) Temporary Sign per tenant shall be allowed at one time, but only one Portable Sign shall be allowed at one time. Maximum size. Temporary and Portable Signs shall not exceed 32 square feet in Sign Area. Ordinance No. ### 5 DATE ej Setbacks. Temporary and Portable Signs shall be set back a minimum of 10 feet from all proper lines and shall not be located within a Clear Vision Triangle of an intersection. ff Illumination. Portable Signs may be illuminated, provided said illumination is not a nuisance to motorists or to ad'oinin > ro erties. Flashin li hts strobe li hts or li hts which could be confused with an emergency vehicle are prohibited. ( Inflatable Signs shall be considered Temporary Suns and shall be securely tethered and attached to the ground or building. —h0 No Mylar or metallic balloons shall be permitted to be displayed or flown outside. Subd. 3. Portable Signs. No Sign permit shall be issued by the city for a Portable Sign for a duration of more than fourteen (14) days at one time and no more than one time per quarter of a calendar year. Subd. 3. Event Signs. (a) No permit required. Event Signs posted consistent with this section ma be po z1 without obtaining a sign permit. (b) Duration of hosting Event Signs shall not be posted more than two days prior to an event and shall be removed no more than one day following an event, but in no case shall an Event Sign be posted for more than five days. (c) Location. Event Signs may be posted within the right-of-way, but shall not be located in a way which may interfere with traffic visibility or pedestrian circulation. (d) Maximum size. Event Si ns shall not exceed four s uare feet in Si n Area. (e) Maximum height. Event Signs shall not exceed three feet in height. (f) Required Information. The Event Sign shall state the day(s) of the event and also the location of the event. (g) Limit of one sign per intersection. No more than one similar Event Sign shall be posted at a single intersection. (h) Responsibility for removal The person posting the Event Sign shall ensure it is removed within the timeframe described by this section. An Event Sign which violates any provision of this ordinance maybe removed and disposed of at any tine ime and without notice Section 815.09. Residential District Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Residential Districts. A Sign permit is required for each Sign. No Sign in a Residential District shall exceed six (6) feet in height. If illuminated, the Sign shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Permitted Signs. The following additional types of Signs are permitted in Residential Districts: (a) Directional Signs. One (1) Directional Sign is permitted for each property; Ordinance No. ### 6 DATE (b) Monument Signs. Monument Signs are permitted at the entrances of a residential subdivision, institutional use or park, but shall be no greater than thirty (30) square feet in Sign Area and be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. The Monument Sign shall be set back at least ten (10) feet from the curb or right-of-way; (c) Home Occupation Signs. Home occupation Signs shall may be approved by the city council in conjunction with a conditional use permit for the home occupation. The home occupation Sign shall be no greater than eight (8) square feet, have only one (1) side, be set back at least ten (10) feet from the right-of-way. The home occupation Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the home occupation Sign base; and (d) Pylon Signs. Pylon Signs are permitted at the entrance(s) of a residential subdivision, institutional use or park, but shall not exceed 15 square feet in Sign Area nor exceed 20 square feet in Sign Surface Area. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover an area equivalent to the width of the sign surface multiplied by two. The Pylon Sign shall be set back at least ten feet from the curb or right-of-way. The Pylon Sign shall be designed to have a natural appearance, and the post(s), shaft(s) or pier(s) on which the sign is erected shall have a combined width which is at least 10 percent of the width of the Sign. c t 81c1irrb d lr m•t tS Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Urban ana 1? l C—eraiherc-Districts S ermit is required for each Sign. All Signs in Urban and Rural Commercial Districts shall be + t .l itl, tl, rl rl a bu;ldi s or struet s or. tho pert. _ srcz��ur�.� v Nr�N in te-rms-vrf-matermisTstyle, color -and placement If t Sig., illumi .,ted it shall meet th l' bl 1 tt f rth i econ S t; 829 fth e c ty's ord nances v o„s se � Subd. 2. Maximum Sign Area. The Signs on an Urban and Rural Commercial District Signs shall not exceed the following total Sign Area: Lot Size (Acres) Maximum Total Sign Area < 1 Acre 100 Square Feet 1.1 5 Acres 150 Square Feet 5.1 20 Acres 200 Square Feet The maximum total sign area ea b y 25 ent i^ the case of buildings sides or provide customer access from opposite sides. Buildings on typical corner lots or which admit customers on two adjacent sides do tgual if y f r additional signage ab a It Ordinance No. ### 7 DATE additional unique site characteristics. Four sided architecture means architecture of thc quality generally associated with the front facade being used on all sides of a building. Additional signage under this provision is allowable only upon submission of a master signage plan for the site and approval by the city and may be installed only so as to be facing the other street front. Subd. 3. Permitted Signs. The following additional types of Signs are permitted in Urban and Rural Commercial Districts: (a) Directional Signs. Directional Signs shall be only permitted for properties utilizing a drive thru or that have loading or staging ar as. Two (2) Directional Signs are permitted for ach property. The Directional Signs shall be set back at least five (5) feet from the curb or right of way; (b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (4) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the m h� seal b al co er at t o (2) tin t to total area of the Monument Sign base. A Monument Sign shall be set back at least twenty (20) feet from all lot lines of the property, with thc exception that the Monument Sign mat, be set back only ter, (, 0) f et from the f nt l t line fthe property if it is located at least twenty five (25) feet from the side lot lines. If the Monument Sign includes a Dynamic Display, it shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's ordinance; (c) Multi Tenant Wall Signs. A Multi Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The Sign shall be centered on the wall; (d) Projecting Signs. A Projecting Sign shall not extend any more than twelve (12) Sign surfaces shall count toward the total Sign Area allowed by this Section. No Projecting Signs shall exceed three (3) feet in height; (e) Pylon Signs. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon b in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four different places around the Sign required. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Pylon Sign base. A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the property, with the exception that the Pylon Sign may be set -hack only ten (' 0) feet from the front lot line of the property if it is located at least twenty five (25) feet Ordinance No. ### 8 DATE meet-4he-app4ic-alEy1e-D-ynamie-D-isf}Iay-r-equir-ements-as-set-foftll-in-Seetion-84-5,24- of the city's ordinances; One (1) Pylon S e ,mitted f .- o ch g lino station sided that a S a t o eea thirty (3m f et i he ght e tha xt y_f ur (61) square feet in Sign Area and maintains a minimum setback of ten (10) feet F bl c right oline station Pyle„, Sig„ shall be service station may have up to three (3) Signs totaling eighty (80) square feet of Sign Area if one surface is used and one hundred and sixty (160) square feet if two surfaces are used, provided that all such Signs are attached to the same post or other structure, pr •ded h that 1, S• 1, ll t b t cells. , v�icrca nv=dPcc'ercircrc� a^crroigiro�rra�-tiro r -v e -iii c�:..�..> be placed at a zero (0) foot setback; (f) Wall Signs. No Wall Sign shall exceed sixty four (611) square feet in total Sign Area. The Wall Sign shall be centered on the wall to which it is attached; and (g) Window Signs. Window Signs shall be limited to one per property or establishment. All Window Signs shall not exceed fifty (50) percent of the window on which it is placed. Section 815.11. Commercial Highway (CH), Commercial Highway -Railroad (CH -RR), and Business (B) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial Highway (CH), Commercial Highway - Railroad (CH -RR), and Business (B) Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding si n is permitted er lot, except a second sign shall be permitted if the lot has frontage on more than one street. A second freestanding sign is also permitted for gasoline service stations as described in Section 815.11 Subd. 1(a)(6) below. (2) Maximum size. No freestandin' sign shall exceed 80 square feet of Si n Area. (3) Maximum height. No freestanding sign shall exceed 15 feet in height. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not be located within a Clear Vision Trian • le of an intersection. (5) Landscaping The Freestanding Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Sign base. (6) Additional Freestanding Sign for gasoline service stations. One Freestanding Sign is permitted for each gasoline service station, provided that said Sign does not exceed 30 feet in height and is no more than 64 square feet in Sign Area. Ordinance No. ### 9 DATE Saidgasoline service station Freestanding Sign shall be allowed in addition to all other permitted Signs, but a maximum of two Freestanding Signs shall be permitted on the lot. (b) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted per structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Section 815.13.Commercial General (CG), Business Park and Industrial Park District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial General (CG) District. All Signs shall be inte • ated with the desi • n and architecture of an buildin • s or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second sign shall be permitted if the lot has frontage on more than one street. A second freestanding sign is also permitted for gasoline service stations as described in Section 815.13Subd. 1(a)(6) below. (2) Maximum size. No freestanding sign shall exceed 64 square feet of Sign Area. (3) Maximum height. No freestanding sign shall exceed 10 feet in height. Ordinance No. ### 10 DATE (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not be located within a Clear Vision Trian Tle of an intersection. (5) Limitation on internal illumination. Freestanding Signs shall not be internally illuminated unless they are located a_ long the frontage of a state highway External illumination shall conform with Section 829 of the City Code. 06) Landscaping, The Freestandin Si n shall be landsca ed around the erimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Sign base. O Additional Freestanding Sign for gasoline service stations. One Freestanding Sign is permitted for each gasoline service station, provided that said Sign does not exceed 30 feet in height and is no more than 64 square feet in Sign Area. Said gasoline service station Freestanding Sign shall be allowed in addition to all other permitted Signs, but a maximum of two Freestanding Signs shall be permitted on the lot. (b) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed ei ht percent of the area of the wall to which they are attached. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. 2) Wall Signs limited to one wall per street frontage Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage. (3) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number Only one Window Sign shall be permitted per structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. f2 Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for pro • erties utilizin • a drive-thru or that have loading or staging areas. (2) Maximum number Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances.Freestanding Signs shall not Ordinance No. ### 11 DATE be internally illuminated unless they are located alongthe frontage of a state highway. Section 815.15.Commercial Neighborhood (CN) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are ermitted in Commercial Nei hborhood CN District. All Si Ins shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second sign shall be permitted if the lot has frontage on more than one street. (2) Maximum size. No freestanding sign shall exceed 40 square feet of Sign Area. (_3J Maximum height. No freestanding sign shall exceed 10 feet in height. (4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all property lines and shall not be located within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (5) Landscaping, The Freestanding Sign shall be landscaped around the perimeter of the base of the Sign. The landscasin shall cover at least two (2) times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The total Si n Area of Wall Si s shall not exceed ei ht percent of the area of the wall to which they are attached. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 64 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Signs on one wall per street frontage (3) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted per structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or Ordinance No. ### 12 DATE that have loading or staging areas. (2) Maximum number Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five 5 feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminatedit shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances.Freestanding Signs shall not be internal' illuminated unless the are located alon > the fronta_e of a state hi_hwa Section 8 c >I 2 Rusin s -s Park District Sign following Signs are permitted in Business Park Districts. A Sign permit is required for ach Sign. All Signs in Business Park Districts shall be integrated with the design and afc-1,•t t F 1. •ld' str, ct„ the ert5 ter ,Y.s ef+-+-+.,to .,lam style set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Arca. The Signs on a Business Park District property may consist of any of the types of Signs permitted by this ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Acres) Maximum Total Sign Area 5.1 10 Acres 10.1 15 Acres > 15.1 Acres 175 Square Feet 250 Square Feet 275 Square Feet Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the Business Park District: (a) Directional Signs. Directional Signs shall be only permitted for properties that utilize a shared -private driv e roan Three (3) D;rect;o..a1 Signs e permitted for each property. The Directional Signs shall be set back at 1 ast five (5) feet from the curb or right of way; (b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. Tl M t C • 1, ght shall be ca c.,l.,te by .. the „, e ents Fth F 1 d elev.,tio., n,1 the Ste,- of the bottom of the Si n to the top of the Sign, with measurements in at least four (4) different places around the gn requifea The Monument Sign shall be landscaped around the perimeter Ott, b ftl, Si Tl, l.,n.7se ping shall 0 at least tom o (21 times tl,e totalarea-ef-the-Menument S Monument Sig„ shall be set back at 1 t t f (20) f t F all lot lines o f the p port.. with the 0 eptiar that tl,e Monument Sign may be set back n1 te„ (1 m f of f om the front lot line ofthe property if it is located at least twenty five feet from the side lot lines. If the Monument Sign includes a Dynamic Display, it shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's Ordinance No. ### 13 DATE ordinances; (c) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be larger than eight (8) Y�rc�t f the ^ +the . al l o .,h; cl, ; t ; s located o.- the s e f et f ed .. o ., «�� urn^ oe above, whichever is less. The Sign shall be centered on the wall; (e) Pylon Sign. No Pylon Sign shall exceed fi€teen (- iee rheight—won Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at 1 ast four different places around the Sign required. The Pylon Sign shall be landscaped around the perimeter of the basc of the Sign. The landscaping shall cover at least two (2) times the total area of the Pylon Sign base. A Pylon Sig„ shall he set back at least twenty (20) reef F ll 1 t l' ftl e property, with the exception that the Pylon S;g., . be set back my te., (l m f et from the front lot line of the property if it is located at least twenty five (25) feet from the side lot lines. If the Pylen-gigii4neludes-a-Dynami-e-DisplayTit-shall meet the applicable Dynamic Display requirements as set forth in Section 815.21 of the city's ordinances; One (1) Pylon Sign is permitted for each gasoline service station, provided that said Sign does not exceed thirty (30) feet in height, is no more than sixty four (61) square feet in Sign Area and maintains a minimum setback of ten (10) feet from any public right of way. Said gasoline service station Pylon Sign shall be allowed in addition to all other permitted Signs. As an alternative, the gasoline service station may have up to three (3) Signs totaling eighty (80) square feet of Sign nre^ iron s ,,fce ; ea and „ e hun.1red and s xt., (l6m ^ e feet if vibii � ii .. �.. ii via. �uiiva.a. rs=ci" or other structure, provided however, that such Signs shall not be internally be placed at a zero (0) foot setback; and (f) Wall Signs. No Wall Sign shall exceed one hundred (100) square feet in total Sign Ara The W^ll Sig„ shall he cent ,l th ll f hi l •t tt h d Seetion-8-1-5A-54ndustrial--Par-k-Dis-triet-S-igns Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Industrial Park Districts. A Sign permit is required for each Sign. All Signs in the Industrial Park District shal'lb i; tegratea with fhe design and architecture of any buildings or structures on the property in terms of materials, style, ordinances. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Area. The Sign o an Iran st ' l P k District r ert. ��. u�. ��uu�«�a� � urn consist of any of the types of Signs permitted by this ordinance, but the Signs shall not exceed the following total Sign Ar-a: Ordinance No. ### 14 DATE Lot Size (Acres) Maximum Total Sign Area 5.1 10 Acres 175 Square Feet 10.1 15 Acres 250 Square Feet > 15.1 Acres 275 Square Feet cts Dist,. v � s (a) Directional Signs. Directional Signs shall only be permitted for properties that have loading and staging areas or that utilize a shared private driveway or private road. Three (3) Directional Signs arc permitted for each Property. The n' t' 1 Si 1 tl b t b 1 t least fve (5) f t th rt. o ght of nw-caryccavrazi-�rB.r.T.m'ccrr'ac�c�'ouc�c-c�[.-rcua�r'rre � �.., ..,..,....,.., ..,.. .. ». ., .,. �:b... "� (b) Monument Signs. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom of the Sign to the top of the Sign, with measurements in at least four (1) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) n —total lrea--ofthe Mo ent-Sigrr-bas . n M n ,me t S;gr shall be set back at least twenty (20) feet from all lot lines of the property, with the exception th t tl, M t Si b t back onl., ten (1 0) f of f em the f ont lot line of the property if it is located at least-twe„t eet-friam4he side lot lines. If the Monument Sign includes a Dynamic Display, it shall meet the applicable ordinances; (c) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be larger than eight (8) percent of the area of the wall on which it is located or the square feet specified above, whichever is less. The sign shall be centered on the wall; and Afea,-The-Wall-Sign-shal-1-13-e-eentefed-en-the-wall-te-whieh4t-i-s-attaehed, Section 815.16.Mixed Use District Signs. Signs within the Mixed Use zoning district shall be regulated based on the land use of the property on which they are located. Signs which are part of Commercial development within the Mixed Use district shall meet the requirements of the Commercial Highway zoning district. Signs which are part of Residential development within the Mixed Use district shall meet the requirements of Residential districts. Section 8 c ,I Uptown H mel District Sign fel4oaing-signs-are-p 'tted he Upt0wn-Ram t n Sign permit ; ired for eac i-S l D;striotsllall by teg,- uin .,«u te,l with the .design s� i and architecture of n., hu ldings or structures on the property in terms of materials, style, color, and placement and the requirements set forth in Section 834 of the city's Ordinance No. ### 15 DATE ordinances. If the Sig ; ;"„ mate it shall , set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Arca. The Signs on an Uptown Hamel District Property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall not exceed the following total Sign Area: Lot Size (Sq. Feet) Maximum Total Sign Height Historic n Maximumr Size for Real Estate Porch Sign (acres) Area Allowed (Max. 10 F#.) {Sq. Feet) signs Feet) (Sq. < 100 32 64 5 32 2 .1 to 100 32 80 .11 .5 to 1 100 32 90 .51 1 1-09 40 100 Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the Uptown Hamel District: (a) Porch Signs. No more than one (1) porch Sign shall be permitted for each property. Porch signs shall include -signs within or on overhangs, canopies-Ofr-arcades. A-ll porch Signs larger than two (2) square feet in Sign Ar a shall be located on the outside portion of the porch; (b) Monument Signs. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base; (c) Wall Signs. No Wall Sign shall be gr ater than ten (10) percent of the ar of the wall on which it is located. A Wall Sign shall be centered on the wall to which it is attached; (d) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be greater than eight (8) p nt e f the of the wall o ,.hich it is located the e f et `V f 1J�1 V Vllt V I LIII� CCI {JCL �l1 LIILw _ ,pecified above, whichever is less. The Sign shall be centered on the wall; (e) Historic Signs. Historic Signs shall not be counted in the total Sign Area for the property if the Historic Sign is less than five (5) square feet in Sign Area; (f) Projecting Signs. A Projecting Sign shall not extend any more than twelve (12) face, wall or surface. If the Projecting Sign extends more than six (6) inches back from the building face, wall or Ordinance No. ### 16 DATE suffaeeTthe-S b and one half (7.5) feet.. No Projecting Sign shall exceed three (3) feet in height; and (g) Window Signs. Window Signs shall only be permitted for special occasions and hall bo ub: et to the strictie s To rari Si Section 815.17. Uptown Hamel (UH-1 and UH-2) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Uptown Hamel -1 and Uptown Hamel -2 Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 40 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. (4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all property lines and shall not be located within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Monument Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (5) Landscaping The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Sign base. (b) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed ten percent of the area of the wall to which they are attached. For the purposes of a multi - tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 100 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one building wall, except lots with frontage on two or more streets may have Wall Si. s on one wall s er street fronta . e (3) Clearance; Projecting Signs prohibited. If the Wall Sign extends more than six inches back from the building face, wall or surface, the Sign shall provide a height clearance underneath it of at least seven and one-half (7.5) feet. No Wall Sign shall extend any more than twelve (12) inches back from the surface of a building face, wall or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted per structure, except for multi -tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window Ordinance No. ### 17 DATE in which it is located. 3) No pennit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. (e) Historic Signs. Historic Signs shall not be counted in the total Sign Area for the property if the Historic Si •n is less than five (5) square feet in Sign Area. (f) Porch Signs. No more than one (1) porch Sign shall be permitted for each property. Porch signs shall include signs within or on overhangs, canopies or arcades. All porch Signs larger than two (2) square feet in Sign Area shall be located on the outside portion of the porch. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Freestanding Signs shall not be internall illuminated unless the are located alone the frontage of a state highway. Section 815.19. Public Semi Public/Semi-Public and Rural Public/Semi-Public Districts Signs. Subd. 1. General Provisions. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Public Semi Public/Semi-Public and Rural Public/Semi- Public Districts. A Sign permit is required for each Sign. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color, and placement. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. Subd. 2. Maximum Sign Arca. The Signs on a Public Semi Public or Rural Public/Semi Public District property may consist of any of the types of Signs permitted by this Ordinance, but the Signs shall Flet o eea the foli t i Sigf n re,,: Lot Size (Acres) l Acrc 1.1 5 Acres 5.1 20 Acres Maximum Total Sign Area 50 Square Feet 75 Square Feet 100 Square Feet Subd. 3 2. Permitted Signs. The following additional types of Signs are pennitted in Public Semi Public/Semi-Public and Rural Public/Semi-Public Districts: (a) Monument Signs. A Monument Sign shall not consist of more than fifty (50) square feet of Sign Ar- t. A Monument Sign shall not be greater than ten (10) feet in height. The Monument Sign's height shall be calculated by averaging the measurements of the final grade in elevation around the perimeter of the bottom Ordinance No. ### 18 DATE of the Sign to the top of the Sign, with measurements in at least four (1) different places around the Sign required. The Monument Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Monument Sign base. A Monument Sign shall be set b k t 1 t * * (20) f et f on al -1 1 t lines fthe ., perty ritl, th that the Monument Sign may be set back on y to (l 0) f et f om the f ont lot line of the property if it is located at least twenty five feet from the side lot lines; (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 50 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. (4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all property lines and shall not be located within a Clear Vision Triangle of an intersection. (5) Limitation on internal illumination. Monument Signs shall not be internally illuminated unless they are located along the frontage of a state highway. External illumination shall conform with Section 829 of the City Code. (5) Landsca in, , The Monument Si n shall be landsca ed around the erimeter of the base of the Sign. The landscaping shall cover at least two (2) times the total area of the Sign base. (b) (c) Pylon Signs. No Pylon Sign shall be greater than 15 square feet in Sign Area nor exceed 20 square feet in Sign Surface Area. No Pylon Sign shall exceed eight feet in height. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover an area equivalent to the width of the sign surface multiplied by two. A Pylon Sign shall be set back at least 20 feet from all lot lines of the property, with the exception that the Sign may be set back only ten feet from the front lot line of the property if it is located at least 25 feet from the side lot lines. The Pylon Sign shall be designed to have a natural appearance, and the post(s), shaft(s) or pier(s) on which the sign is erected shall have a combined width which is at least 10 percent of the width of the Sign. (b) Wall Sign. No wall sign shall exceed thirty two (32) square feet in total Sign Area. The sign shall be centered on the wall to which it is attached; and (c) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a multi -tenant building, the maximum Sign Area for Wall Signs shall be based on the frontage of the space leased or owned. Additionally, no individual Wall Sign shall exceed 32 square feet of Sign Area. (2) Wall Signs limited to one wall per street frontage. Wall signs shall only be located on one buildin wall exce t lots with fronta e on two or more streets may have Wall Signs on one wall per street frontage. Section 815.21.General Sign Location, Design and Construction Requirements. Ordinance No. ### 19 DATE Subd. I. General Requirements. All Signs shall conform to the requirements of this Section whether or not a Sign permit is required. All Signs shall be constructed in such a manner and of such material that they shall be safe and substantial. All Signs shall be properly secured, supported and braced and shall be kept in good repair so that public safety and traffic safety are not compromised. Signs visible from a street shall be designed to be highly legible so as not to distract drivers. Attention should be paid to font type, font size, and contrasts between the message and background. Subd. 2. Maintenance. The area on the property around the Sign, including required landscaping areas, shall be properly maintained and clear of brush, weeds, debris, rubbish and other obstacles. All burned -out light bulbs or damaged panels on a Sign shall be immediately replaced. Subd. 3. Sign Copy. All Sign copy shall be fastened securely to the Sign face and maintained on a regular basis. Any missing Sign copy shall be replaced immediately. Any Sign copy that is outdated must be removed within thirty (30) days. Subd. 4. Location. No Sign shall be located so as to obscure any existing Sign. No sign other than a governmental sign shall be erected or temporarily placed within any street right-of-way or upon any public easement. No Sign shall be attached or placed upon any building in such a manner as to obstruct any window or door or fire escape or be attached to any fire escape. The minimum clearance of any Sign from unprotected electrical conductors shall be not less than thirty-six (36) inches for conductors carrying not over six hundred (600) volts and forty-eight (48) inches for conductors carrying more than six hundred (600) volts. Subd. 5. Reserved. Subd. 6. Interference with Traffic. A Sign shall not be located within fifty (50) feet of any street, traffic sign or signal, intersection, driveway or crosswalk. A Sign may be located closer than fifty (50) feet if it can be shown that the Sign will not interfere with the ability of drivers and pedestrians to see the traffic sign or signal, intersection, driveway or crosswalk, and the Sign will not distract drivers nor cause any interference with such traffic sign or signal. Subd. 7. Illumination. Illuminated signs shall be subject to the electrical requirements of the electrical code of the State of Minnesota. Illuminated signs shall also be subject to the requirements of Section 829 of the city's ordinances. Subd. 8. Dynamic Displays. Dynamic Displays on Signs are allowed subject to the following conditions: (a) Dynamic Displays are allowed only on Monument and Pylon Signs. Dynamic Displays may occupy no more than thirty-five (35) percent of the actual copy and graphic area of the Sign. The remainder of the Sign must not have the capability Ordinance No. ### 20 DATE to have a Dynamic Display even if it is not being used. Only one (1) contiguous Dynamic Display area is allowed on a Sign face; (b) A Dynamic Display must not change or move more often than once every five (5) minutes, except for changes that are necessary to correct hour and minute, date, time or temperature information. Time, date or temperature information is considered to be one (1) Dynamic Display and may not be included as component of any other Dynamic Display. A display of time, date or temperature must remain for at least five (5) minutes before changing to a different display, but the time, date or temperature information itself may change no more often than once every three seconds; (c) The images and messages displayed on a Dynamic Display must be static, and the transition from one static display to another must be instantaneous and without any special effects; (d) The images and messages displayed on a Dynamic Display must be complete in themselves, without continuation in content to the next image or message or to any other Sign; (e) Every line of copy and graphics on a Dynamic Sign visible from a road must be at least seven (7) inches in height if the road has a speed limit of 25 to 34 miles per hour, nine (9) inches if the road has a speed limit of 35 to 44 miles per hour, twelve (12) inches if the road has a speed limit of 45 to 54 miles per hour, and fifteen (15) inches if the road has a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics meeting these requirements, then no Dynamic Display is permitted; (f) Dynamic Displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the Sign owner must immediately stop the Dynamic Display when notified by the city that it is not complying with the standards of this ordinance; (g) Dynamic Displays must comply with the brightness standards contained in this ordinance; and (h) Dynamic Displays existing on the effective date of this ordinance that do not meet the structural requirements or operational standards above may continue as a Non - Conforming Sign subject to Section 815.29. An existing Dynamic Display that cannot meet minimum font size requirements as stated in subdivision 5 above must use the largest size possible for one line of copy to fit in the available space. Subd. 9. Brightness Standards. Ordinance No. ### 21 DATE (a) All Signs that include Dynamic Displays must meet the applicable luminary requirements set forth in Section 829 of the city's ordinances. (b) The person owning or controlling the Sign must adjust the Sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made immediately upon notice of non-compliance from the city. The person owning or controlling the Sign may appeal the city's determination through the appeal procedure as set forth in Section 815.27 of this code. (c) All Signs installed after the effective date of this ordinance that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These Signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the Sign owner or operator must immediately turn off the Sign or lighting when notified by the city that it is not complying with the standards of this section. Subd. 10. Reserved. po Signs. Te perary-S-ignsss h ll signed- o that-tey either partially or completely door naow o e red f r , entil tio,, (a) Banners shall be strongly constructed and be securely attached to their supports. They shall be repaired or removed as soon as they are damaged or torn. (b) Changeable copy Signs shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere with a public or private sidewalk or trail. Such Signs may be illuminated provided said illumination is not a nuisance to motorists or to adjoining properties. Flashing lights, strobe lights or lights which could be confused with an emergency vehicle shall be prohibited. (b) Inflatable Devices shall be securely tethered and attached to the ground or building. No Mylar or metallic balloons shall be permitted to be displayed or flown outside. Subd. 11. Non -Commercial Speech Signs. The owner of any Sign which is otherwise allowed by this ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting by the city. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any other more specific provision to the contrary. Section 815.23. Sign Permit Applications. The owner or occupant of the property on which a Sign is to be erected, or the owner or installer of such Sign, shall file an application with the city Zoning Administrator for a Sign permit. Sign permits must be acquired for all new, relocated, modified, or redesigned Signs except those specifically excepted in this ordinance. Ordinance No. ### 22 DATE Subd. 1. Required Information. An application for a Sign permit shall include the following information: (a) The name, address and telephone number of the applicant; (b) The legal description and address of the property to which the Sign is to be placed; (c) A site plan complete with the description of the Sign, a scaled drawing showing the Sign's size, location, manner of construction, landscaping, color, construction materials and lighting details; (d) A blueprint or ink drawing of the plans and specifications and the method of construction and attachment of the Sign; (e) A certified survey with the existing and proposed grading of the site location for which the Sign will be placed if the Sign construction will disturb more than fifty (50) cubic yards of earth. The certified survey shall show the existing and proposed site elevations in two (2) foot contours, drainage patterns and silt fence location for erosion control for the proposed site; (f) The name of the person or entity erecting the Sign, if not the applicant, or the naive of the person on whose property the Sign is to be located, if not the applicant; The written consent of the owner of the property, if not the applicant; A statement as to whether the Sign will be illuminated or not; A statement as to whether the Sign will contain any type of Dynamic Display; A statement as to whether the Sign will be single faced, double-faced or multi -faced; (g) and (k) Such other information as shall be required by the Building Inspector Official and/or the Zoning Administrator. Subd. 2. Permit Fees. The application for a Sign permit shall be accompanied by the required Sign permit fee and any applicable building permit fee. The Sign permit and building permit fees shall be established by resolution ordinance of the city council. Subd. 3. Master Signage Plan. A master signage plan shall be included for any Sign pennit applications that involve any residential, mixed -use, commercial, business park and industrial planned unit developments that include multiple structures and/or substantial site area and/or mixed uses. The master signage plan must address the visibility needs of the entire development area, while remaining consistent with the intent of this ordinance to require high quality signage. The master signage plan shall also include permanent Sign covenants which can be enforced by the city. Ordinance No. ### 23 DATE Subd. 4. Sign Permit Issuance/Denial. Provided that the Sign permit application is complete and approved by the Zoning Administrator, all fees have been paid, and the proposed Sign and the property upon which the Sign is to be placed are within the requirements of the ordinance and all other ordinances, statutes and regulations, the Zoning Administrator shall then issue the Sign permit. In the event that the Zoning Administrator determines that all requirements for approval have not been met, he or she shall promptly notify the applicant of such fact and shall automatically deny the Sign permit. Notice shall be made in writing and sent to the applicant's address listed on the Sign permit application. Subd. 5. Inspection. The Zoning Administrator or Building Inspector Official shall inspect the property for which a Sign permit is issued on or before six (6) months from the date of issuance of the Sign permit. If the Sign construction is not substantially complete within six (6) months from the date of issuance, the Sign permit shall be revoked. If the construction is substantially complete, but not in full compliance with this ordinance, other ordinances and applicable codes, the Zoning Administrator shall give the applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of the inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the Sign permit shall be revoked. Subd. 6. Sign Permit Expiration. A Sign permit shall become null and void if the Sign for which the Sign permit was issued has not been completed and installed within six (6) months after the date of issuance. No refunds shall be made for permit fees paid for Sign permits that expired due to failure to erect a permitted Sign. If later an individual decides to erect a Sign at the same location, a new Sign permit application must be processed and another permit fee shall be paid in accordance with the fee schedule applicable at such time. Subd. 7. Revocation. Should it be determined by the city that a Sign permit was issued pursuant to an incomplete application or an application containing a false material statement, or that the Sign permit has been erroneously issued in violation of this ordinance, the Zoning Administrator shall revoke the Sign permit. Section 815.25. Enforcement. Subd. 1. Notice. Any person who violates any provision of this ordinance shall receive a notice of the violation by hand delivery or mail indicating that he or she must correct the violation within seven (7) days of the date of the notice. Signs posted within the right-of- way or on public property which violate any provision of this ordinance may be removed and disposed of at any time and without notice. Subd. 2. Penalties. Any person convicted of violating this ordinance shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Each day in which the violation continues to occur shall constitute a separate offense. Violation of any provision of this ordinance shall also be grounds for revocation of a Sign permit by the city. Section 815.27. Appeal. An applicant whose Sign permit has been denied or a permitee whose Ordinance No. ### 24 DATE Sign permit has been revoked may appeal the decision of the Zoning Administrator to the city council provided he or she files written notice of an appeal with the Zoning Administrator within fifteen (15) business days of notice of the Zoning Administrator's decision. Such appeal shall be considered by the city council at its next regularly scheduled meeting held after the city's receipt of the written notice of appeal, provided that the notice of appeal is received by the city a minimum of five (5) full business days before the meeting. The city council shall conduct an appeal hearing and allow the applicant and any of his or her witnesses to address the council and to submit additional information. The city council shall make its final determination on the appeal no more than thirty (30) business days after the appeal hearing. The city council shall notify the applicant of its decision and provide reasons for that decision. The applicant may appeal the city council's decision to the court of appeals by writ of certiorari. Section 815.29. Nonconforming Signs. Any Sign legally existing at the time of the passage of this ordinance that does not conform to the provisions of this ordinance shall be regulated by relevant City Code and statutory provisions regarding nonconformities. considered a legal Nonconfonning Sign and may be continued through repair, replacement, restoration, Area or design. Subd. 1. Nothing in this ordinance shall prevent the return to a safe condition of a sign structure that has been declared unsafe by the Building Inspector. one (1) year, or is changed to a confonning Sign, any future Sign shall be in conformity with the provisions of this ordinance. than fifty (50) percent of its market value at the time of destruction and no Sign permit or building permit (if applicable) has been applied for within one hundred and eighty (180) days of the date of destruction. The city's Building Inspector shall be responsible for making the determination whether a Nonconforming Sign has been destroyed greater than fifty (50) percent of its market value at the time of destruction. In making the determination, the Building Inspector shall consider the market value of the entire Sign at tL t' t1, a struction an.] ♦ e place„ ent vale e f the e ;sting Cig,, In the event a building permit is applied for within one hundred and eighty (180) days of the date of destruction and the Sign did not withstand damage greater than fifty (50) percent of its market value at the time of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties. Subd. 4. A lawful Nonconforming Sign shall not be changed to a similar Nonconforming Sign or to a more restrictive Nonconforming Sign. Section 815.31 Variances. Variances from the provisions of this ordinance shall be reviewed Ordinance No. ### 25 DATE by the provisions of the City Code related to zoning variances. Upon application by the property owner, the planning commission may recommend and the city council may grant a variance from the requirements of this ordinance in instances where the applicant for a variance has demonstrated that all of the following standards have been met: Subd. 1. Variance Standards. A request for a variance must meet all of the following conditions: (a) Because of the physical surroundings, shape, topography or condition of the property involved, a hardship to the applicant would result if the strict letter of the ordinance was carried out; (b) The conditions upon which the variance is based are unique to the applicant's property and not generally applicable to the other property within the same zoning district; (c) The hardship arises from the requirements of this ordinance and has not been created by persons presently or formerly having any interest in the property; (d) A granting of the variance will not be detrimental to the public welfare or injurious to „thee � erty its i the „ ..�,ic the p erty is t(.c ted; and (e) The variance is not a request to permit a type of Sign which otherwise is prohibited by this ordinance. may impose conditions and restrictions consistent with the spirit and intent of this ordinance or any other applicable ordinances. In all instances, the applicant shall be variance request by the city staff and any consultants. A variance shall be granted or denied by the city council in writing accompanied by specific findings of fact as to the necessity for the granting or denial of the variance and any specific conditions and restrictions. Section 815.33.Severability and Conflict. This ordinance and its parts are declared to be severable. If any section, subsection, clause, sentence, word, provision, or portion of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, this decision shall not affect the validity of the ordinance as a whole. All parts of this ordinance not declared invalid or unconstitutional shall remain in full force and effect as if such portion so declared or adjudged unconstitutional or invalid were not originally part of this section, even if the surviving parts of the ordinance result in greater restrictions after any unconstitutional or invalid provisions are stricken. The city council declares that it would have enacted the remaining parts of the section if it had known that such portion thereof would be declared or adjudged unconstitutional or invalid. If any part of this ordinance is found to be in conflict with any other ordinance or with any part of this ordinance, the most restrictive or highest standard Ordinance No. ### 26 DATE shall prevail. If any part of this ordinance is explicitly prohibited by federal or state statute, that part shall not be enforced. SECTION II: The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this ATTEST: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News this day of , 2011. T.M. Crosby, Jr., Mayor day of , 2011. Ordinance No. ### 27 DATE Maximum Sign Area (by Lot Size) M onument Signs < 1 acre 1-5 acres 5-10 acres 10-15 acres > 15 acre # Area Height Landscape Setbacks Medina - Commercial 100 sq . ft . 150 sq . ft . 200 sq. ft. 200 sq. ft . 200 sq. ft . 4No limit No limit 10 ft. 2x area of base 10 ft .* Medina - Business 175 sq. ft. 175 sq. ft . 175 sq . ft. 250 sq . ft. 275 sq. ft . No limit No limit 10 ft. 2x area of base 10 ft.* Medina - Industrial 175 sq. ft. 175 sq . ft. 175 sq . ft. 250 sq . ft . 275 sq . ft. No limit No limit 10 ft. 2x area of base 10 ft.* Medina - Uptown Hamel 100 sq. ft . 100 sq . ft . 100 sq. ft. 100 sq . ft . 100 sq . ft . No limit 32 sq. ft. 10 ft. 2x area of base 2x area of base 0 10 ft.* Medina - PS 50 sq . ft. 75 sq . ft. 100 sq. ft. 100 sq . ft. 100 sq . ft . No limit 50 sq . ft . 10 ft. Medina - Residential One/entrance 30 sq . ft . 6 ft . 2x area of base 10 ft .* Maple Grove - Business 1 per lot per street 50 sq. ft . 15 ft . 1/2 building setback 1/2 building setback Maple Grove - Industrial 1 per lot per street 50 sq . ft . 10 ft. Maple Grove - Freeway Frontage 1 per lot per street 80 sq . ft . 15 ft. 1/2 building setback Maple Grove - Residential 1 per lot per street 135 sq. ft. 8 ft . 1/2 building setback Plymouth - Office 1 per lot 64 sq. ft . 16 ft. 10 ft . 10 ft . Plymouth - Commercial 1 per lot 100 sq. ft. 36 ft. Plymouth - Industrial 1 per lot 100 sq . ft . 36 ft . 10 ft . Plymouth - Public/Institutional 1 per frontage 64 sq. ft. 10 ft . 10 ft. Plymouth - Residential Lino Lakes - General Business, Industrial 2 sq ft. ft .**** per frontage * 40 ft. 5 ft . Minnetonka - Business 1 or 2* ***** 80-100 sq . ft. (<100K to >400K) 18-21 ft. Minnetonka - Office 1 36 sq . ft . (or 50sf if major hwy) 15 ft Minnetonka - Industrial 1 85 sq. ft. 10 ft. Eden Prairie - Commercial Districts 1 per street frontage 1st sign 80 sq .ft & thereafter 36 sq . ft '20 ft. 20 ft . or 15 ft . if parking within frt yd Eden Prairie - Commercial - multi -tenant 1 Eden Prairie - Office 1 per street frontage 1st sign 50 sq.ft . & thereafter 36 sq .ft 8 ft 10 ft. Eden Prairie - Industrial 1 per street frontage 1st sign 80 sq . ft . & thereafter 50 sq . ft 8 ft 10 ft . Eden Prairie - Public 1 per frontage 1st sign 80 sq . ft . & thereafter 36 sq . ft 8 ft 10 ft . Eden Prairie - Golf Course 1 per lot 50 sq. ft. 8 ft . 10 ft . Rogers - Community Business 1 60 sq . ft . 12 ft . 1 ft., vision triangle Rogers - Regional Business (north of 94) 1 100 sq . ft. 15 ft . 1 ft., vision triangle Rogers - Industrial 1 32 sq . ft . 6 ft. 1 ft ., vision triangle Rogers - Industrial Large Lo t 1 36 sq . ft . 8 ft . 1 ft., vision triangle Rogers - Traditional Town Center 1 16 sq . ft . 6 ft . 1 ft ., vision triangle Rogers - single family PROHIBITED 1 ft ., vision triangle Rogers - Multi -family 1 36 sq . ft . 8 ft . 1 ft ., vision triangle t * 20 feet if withing 25 feet of a side property line ** An additional Pylon up to 30 feet in height and 64 feet in Sign Area allowed for gas stations ** * 8% of area of the wall on which it is located if multi -tenant ** ** 10% of area of the wall on which it is located * ****Max 200 sq. ft. ****** One freestanding sign allowed except two monument signs (and no pylon) if: 1) building over >100K; or 2) two entrances r Pylon Signs Area Identification Signs Wall Signs Window Signs Area Height Landscape Setbacks No limit** No limit** NOT ALLOWED No limit 115 ft . No limit 15 ft. I2x area of base 2x area of base NOT ALLOWED No limit 15 sq. ft. 10 ft .* 10 ft .* Area Height Landscape Setback One/entrance 8 ft . 20 sq. ft. 6 ft . Sign surface x 2 10 ft .* Sign surface x 2 10 ft.* Monument and Pylon both considered "Freestanding " Area Area No limit 64 sq . ft .*** 1 50% of window No limit 100 sq . ft.*** NOT ALLOWED No limit 100 sq. ft .*** NOT ALLOWED No limit 64-100 sq. ft.**** No limit NOT ALLOWEC 32 sq . ft. NOT ALLOWED Special Events/Temporary NOT ALLOWED NOT ALLOWED 5% or 40 sq . ft. (whichever is greater) 25% of window Monument and Pylon both considered " Freestanding " Monument and Pylon both considered " Freestanding" Monument and Pylon both considered " Freestanding" Monument and Pylon both considered "Freestanding" Monument and Pylon both considered "Freestanding" Monument and Pylon both considered "Freestanding" NOT ALLOWED 2 32 sq . ft. 2 32 sq. ft . 10ft 2 32 sq. ft . NOT ALLOWED Monument and Pylon both considered "Freestanding" 2 10 ft. 10 ft . # frontage 5% or 40 sq . ft. (whichever is greater) 5% or 50 sq . ft. (whichever is greater) 25% of window 25% of window 5% or 50 sq . ft. 50 % of window No limit 10% No limit 32 sq . ft . 10 ft. No limit 50% of window 5% or 50 sq. ft. 50% of window 1* *** ** NOT ALLOWED 80-200 ft (<100K to >400K) 18-30 ft. NOT ALLOWED Monument and Pylon both considered "Freestanding" Monument and Pylon both considered " Freestanding" # frontage 10% or 100 sq. ft . 10% of building face; Max 200 per face; Max 300 total 25 % of building frontage or 50 sq. ft. 5% of building area or 150 sq. ft. not addressed 75 sf . + 5% per sq . ft. addl if over 500 sf . Wall; Max 300 not addressed 15% + 5% addl if over 500 sf . wall; Max 300 1 per frontage 50 sq.ft. Monument and Pylon both considered "Freestanding" Monument and Pylon both considered "Freestanding" Monuments and Pylons both considered "Freestanding" ALL SIGN REQUIRED TO BE " GROUND SIGNS" ALL SIGN REQUIRED TO BE "GROUND SIGNS" ALL SIGN REQUIRED TO BE "GROUND SIGNS" ALL SIGN REQUIRED TO BE "GROUND SIGNS" PROHIBITED ALL SIGNS REQUIRED TO BE "GROUND SIGNS" 1 per tenant 80 sq .ft . identif sign + ea tenant 10% max 50 sq . ft. ground fl 1 per tenant 50 sq . ft . identif sign + ea tenant 30 sq. ft. ground floor 1 per frontage 1st sign 24 sq. ft. and 2nd sign 18 sq.ft . !# frontage 2 sq. ft . per building lineal ft.; Max 100 sq. ft . # frontage 2 sq . ft . per building lineal ft .; Max 80 sq . ft . # frontage 2 sq . ft. per building lineal ft .; Max 60 sq . ft. '# frontage 2 sq . ft. per building lineal ft .; Max 120 sq . ft . # frontage 11 .5 sq . ft . per building lineal ft .; Max 48 sq . ft . 1 per entrar 32 sq. ft. 1 5 ft. 2 sq . ft . 60 sq. ft. Dynamic Signs Area Time for change Font size 1 35% of sign 5 minutes 7-15" (speed limit) 1 35% of sign 5 minutes 7-15" (speed limit) 1 35% of sign 5 minutes 7-15" (speed limit) 1 35% of sign 5 minutes 7-15" (speed limit) 1 35% of sign 5 minutes 7-15" (speed limit) 1 35% of sign 5 minutes 7-15" (speed limit) PROHIBITED PROHIBITED PROHIBITED 1 1 1 64 sq. ft. 35% of the sign area 20 minutes not addressed 35% of the sign area 20 minutes not addressed 35% of the sign area 20 minutes not addressed 35% of the sign area 20 minutes not addressed 35% of the sign area 20 minutes not addressed 25% of sign area 1 hour Not addressed 25% of sign area 1 hour PROHIBITED PROHIBITED PROHIBITED PROHIBITED PROHIBITED Not addressed 4 acre commercial site Building —15,000 square feet (200'x75') multi -tenant retail (5 tenant spaces) Single frontage Medina = 150 sq. ft. signage total Maple Grove = 250 total sq. ft. — (50 sq. ft. freestanding; 40 sq. ft. wall signs x 5 spaces) Plymouth = 500 total sq. ft. — (100 sq. ft. freestanding; 80 sq. ft. wall signs x 5 spaces) Minnetonka = 440 total sq. ft. — (80 sq. ft. freestanding; 72 sq. ft. wall signs x 5 spaces) Rogers = 460 total sq. ft. — (60 sq. ft. freestanding; 80 sq. ft. wall signs x 5 spaces) Eden Prairie — 280 total sq. ft. — (80 sq. ft. freestanding; 40 sq. ft. wall signs x 5 spaces) 15 acre commercial site Building —135,000 square feet (475'x275') big -box retail Frontage and entrances on two street Medina = 200 sq. ft. signage total Maple Grove = 1060 total sq. ft. — (50 sq. ft. freestanding; 640 sq. ft. wall sign; 370 sq. ft. wall sign) Plymouth = 2084 total sq. ft. — (64 sq. ft. freestanding; 1280 sq. ft. wall sign; 740 sq. ft. wall sign) Minnetonka = 500 total sq. ft. — (100 sq. ft. freestanding x 2 frontage; 300 sq. ft. wall signs) Rogers = 320 total sq. ft. — (60 sq. ft. freestanding x 2 frontages; 100 sq. ft. wall sign x 2 frontages) Eden Prairie = 716 total sq. ft. — (80 sq. ft. freestanding; 36 sq. ft. freestanding; 300 sq. ft. wall sign x 2 frontages) Target (Medina) — 354 total sq. ft. — (68 sq. ft. freestanding; 186 sq. ft., 36 sq. ft., 64 sq. ft. wall signs) 1.5 acre site 6000 sq. ft. (80'x75') gas station and car wash Frontage and entrances on two streets Medina = 214 square feet — (150 sq. ft. + 64 sq. ft. "bonus" pylon for gas stations) Maple Grove = 255 total sq. ft. — (50 sq. ft. freestanding x 2; 75 sq. ft. wall sign; 80 sq. ft. wall sign) Plymouth = 410 total sq. ft. — (100 sq. ft. freestanding; 150 sq. ft. wall sign; 160 sq. ft. wall sign) Minnetonka = 380 total sq. ft. — (80 sq. ft. freestandingx2; 150 sq. ft. wall signs x2) Rogers = 260 total sq. ft. — (60 sq. ft. freestanding; 100 sq. ft. wall sign x 2) Eden Prairie — 371 total sq. ft. — (80 sq. ft. freestanding; 36 sq. ft. freestanding; 125 sq. ft. wall; 130 sq. ft. wall) Freestanding 1 Freestanding 2 Height Area Height Area Wall Sign 1 Wall Sign 2 Wall Sign 3 Area Wall Sig n Area Wall Area % Sign Area Wall Area McDonald's 20 142 20 71 45 880 5 .1% Target 18.25 68 236 11400 2.1% 64 6360 0 .010063 Valvoline 20 63 62 969 6.4% 24 969 0 .024768 24 578 4 .2% Mayer Mobil 26 116 22 62 Holiday 24 148 63 1380 4 .6% 48 930 0 .051613 48 840 955 Hwy 55 36 T MEMORANDUM TO: FROM: DATE: MEETING: SUBJ: Planning Commission Dale Cooney, Associate Planner December 7, 2011 December 13, 2011 Planning Commission JJC Hamel, LLC, Subdivision of 805 Hamel Road, Rezoning (Zoning Map Amendment) from Urban Residential to R2. Background JJC Hamel, LLC has applied for a two -lot subdivision at 805 Hamel Road. The applicant has also applied for a rezoning of one of the proposed parcels from Urban Residential to R2. This application was originally reviewed by the Planning Commission in January of this year. At the time, the applicant had proposed a three lot subdivision and a right-of-way variance request. The Commission tabled the proposal based on concerns with grading, drainage, tree preservation and the variance request. Property Description 805 Hamel Road is on the southwest corner of the intersection of Hamel Road and Pinto Drive. The existing parcel is 30,089 square feet in size. It slopes steeply (25% or more in some areas) from the northwest corner to the southwest corner of the parcel. Currently, the property contains a single family house, a garage and a shed. For now, the applicant intends to keep the existing structures. The grading plan identified 32 significant trees, which are mostly located in the southwest quadrant of the parcel. Sewer access is located along Hamel Road, and water access runs along both Hamel Road and Pinto Drive. An aerial photograph of the site is located on the next page. Lot Standards The table below shows the dimensional standards for the proposed subdivision: 542 Subject Property i12 3525 )24 Ili 775 2.51'6" ?41 r SJ'- 3�u Lot # Proposed Zoning Lot Dimensions Minimum Required Dimensions Lot Area (sq/ft) Minimum Required Lot Area (sq/ft) Lot 1 UR 83' x 150' 60' x 100' 12,535 9,000 Lot 2 R2 100' x 150' 50' per unit x 90' 15,000 8,000 or 5,000 per unit JJC Hamel, LLC: 805 Hamel Road Subdivision; Rezoning Page 1 of 7 December 13, 2011 Planning Commission Meeting r JJC Hamel, LLC: 805 Hamel Road Subdivision; Rezoning Page 2 of 7 December 13, 2011 Planning Commission Meeting Both lots exceed the dimensional standards for the Urban Residential zoning district. Additionally, Lot 2 meets the dimensional standards of the R2 zoning district for either a single family or a two family dwelling. The buildable areas for both properties allow for adequate home sites. Lot 1 meets the UR district required setbacks. Lot 2, however, has several nonconformities that would continue until the parcel was redeveloped. This includes the front and side yard setbacks for the garage and the front yard setback for the house. As of this writing, the city also has regulations requiring greater setbacks along County Highways. This will be covered in more detail later in the report. Zoning/Comprehensive Plan The comprehensive plan guides this parcel for Medium Density Residential which equates to 3.5 — 6.99 dwelling units an acre. Subdividing the property into two single-family lots would result in a density of 3.16 dwelling units per acre. Three dwelling units on the property would result in a density of 4.74 dwelling units per acre. The original proposal for three single-family dwelling units on the parcel would have met the comprehensive plan's density threshold, but the proposal also had several complicating factors that made the three lot subdivision problematic. Therefore, to meet the objectives of the comprehensive plan, staff has proposed rezoning Lot 2 into the R2 zoning district which would allow for the development of a two-family home site. The zoning designation would also allow for a transition between the single family homes to the west and the Multifamily Residential parcels to the east. However, staff recommends against requiring that Lot 2 be developed as a two-family home. Right -of -Way The existing parcel does not have designated right-of-way. Other parcels along this segment of Hamel Road have been required to provide a 33 -foot right-of-way. Since Hamel Road became a County State Aid Highway, roadway changes to properties that access the road must be approved by Hennepin County. The county has affirmed that a 33 -foot right-of-way would be adequate. The Pinto Drive cul-de-sac south of Hamel Road was dedicated as a half right-of-way of 33 -feet when the properties to the east were platted in 1971. Because of its proximity to Elm Creek and wetland areas, the Pinto Drive cul-de-sac is unlikely to become a through -street. Staff confirmed with both the City Engineer and Public Works Director that a 50 -foot right-of-way would be adequate along this section of Pinto Drive. As shown in the most recent plans submitted by the applicant, this would require a right-of-way dedication of 17 feet from the east property line. Setbacks As shown, both lots would have a 50 foot setback from Hamel Road. For Lot 2, this meets the R2 zoning district setback requirements of 50 feet from arterial roadways. The Urban Residential zoning district does not specify setbacks for road types. However, current city code requires greater setbacks from county highways in all zoning districts, even if a zoning district specifies a different setback for that road classification. The zoning regulation is copied below: JJC Hamel, LLC: 805 Hamel Road Page 3 of 7 December 13, 2011 Subdivision; Rezoning Planning Commission Meeting Section 825.25. Property Abutting County or State Highways. The front yard setback for all structures shall be 100 feet from the center line of a County Highway, or 50 feet from the public right-of-way, whichever is greater. For state highways the front yard setback for all structures shall be 150 feet from the center line or 100 feet from the public right- of-way. In the case of 805 Hamel Road, this regulation would require a 67 -foot setback for both lots. While both parcels would technically be buildable, the setback requirements would have negative logistical impacts including requiring additional tree removal and reconfiguration of the stormwater pond, among other issues. It should also be pointed out that this setback requirement has been inconsistently applied and that very few of the surrounding properties meet the requirement. This includes the property immediately to the west, which was built in 2002. Staff believes that the requirements Section 825.25 are both excessive and duplicative. In the context of this specific application, a 67 -foot setback is extreme considering the traffic volumes and speed along this segment of Hamel Road. The ordinance also overrides road setbacks within several of the City's zoning districts that specify setbacks for various road types. It is staff's opinion that zoning districts are the more appropriate place to regulate road setbacks, and that the overarching requirements found in Section 825.25 should be replaced by zoning district standards. Those standards would allow for more flexibility in creating the type of land - use patterns intended by the zoning districts. Therefore, rather than require a variance from the setback requirements of Section 825.25, staff would like to repeal this section of code and replace it with road setback requirements within the individual zoning districts. Staff intends to bring these zoning amendments before the Planning Commission at the January meeting. Utilities Water service to the property exists along both Hamel Road and Pinto Drive. Sewer service is available along Hamel Road. Water and sewer service connections for the existing home on proposed Lot 2 are partially located within proposed Lot 1. Staff recommends conditioning approval on the relocation of sewer and water connections onto each respective lot within one year or prior to the sale of either property, whichever comes first. A letter of credit in the amount of 150% of the estimated cost of improvements will be required to guarantee these improvements. All sewer and water connections will be required to meet City engineering standards. The locations of all sewer and water connections will need to be shown on updated plans prior to final plat. Driveway Access There are several informal driveways on the existing parcel. A deteriorating concrete driveway currently crosses the proposed lot lines. Another circular gravel driveway is located in front of the house. The garage has two driveway access points, one in the front, along Hamel Road, and one in the rear, along Pinto Drive. Staff recommends that driveway access be limited to one driveway along Hamel Road per lot. Comments from Hennepin County also recommended that any future driveways be placed as far away from the Hamel Road/Pinto Drive intersection as practical. JJC Hamel, LLC: 805 Hamel Road Page 4 of 7 December 13, 2011 Subdivision; Rezoning Planning Commission Meeting Grading and Drainage A raingarden in the southwest corner of the property is proposed to meet the requirements of the City's stormwater management ordinance. In order to fully comply with the regulations of the ordinance, and to maintain the function of the raingarden, the city engineer recommends the installation of an underdrain system. This would require working with the neighbors to the south in order to trench in an outlet pipe. Alternatively, if the applicant were to have soil tests completed that show an infiltration rate greater than 1 inch per hour, an underdrain system would not be required. Stormwater calculations show that proposed runoff rate would be reduced from existing conditions. However, the runoff will be localized in the southwest corner of the site. The city engineer has strongly suggested working with the neighbors to the south to handle excess runoff that would be piped onto the property. The city engineer has also pointed out that the runoff outlets could be combined into the underdrain system. Drainage and utility easements will need to be obtained along the perimeter of the property. Staff also recommends requiring a drainage easement for the raingarden to allow for performance inspections in accordance with Section 828.33 of the Medina City code. Tree Preservation, Landscaping and Buffer Yards The survey identifies 32 significant trees on the property. The proposed grading plan identifies 16 significant trees to be removed. Subdivision 5 of the Tree Preservation and Replacement ordinance allows for the exemption of the two box elder trees identified on the survey from the significant tree calculation. The ordinance allows for removal of up to 15% of the trees for initial site development and another 20% of trees for activities other than initial site development. This would allow for the removal of 10 significant trees from the undivided property. As proposed, the applicant would be required to replace the equivalent of 4 significant trees. Trees removed from the site total 198 caliper inches, resulting in an average of 14.14 inches per tree. Therefore; in accordance with 828.41, Subd. 9, the applicant would be required to plant new trees equivalent to 57 caliper inches. Replacement trees will be required to be native trees in accordance with 828.41, Subd. 10. Per Section 828.31 of the Medina City Code, due to their adjacency to a collector roadway, both lots will require a buffer yard along Hamel Road. Lot 1 will require a 0.1 buffer yard opacity and Lot 2 will require a 0.2 buffer yard opacity along Hamel Road. Additionally, rezoning Lot 2 into a more intensive zoning district will require a 0.2 buffer yard opacity along the south lot line. Planting species for buffer yards should meet the requirements of Section 828.31 of the Medina City Code and are in addition to required significant tree replacement plantings. Both lots should also meet the specific landscaping requirements of their zoning districts. All tree preservation, and buffer yard requirements will be required to be shown on the final plat. Parks and Trails The property is not included within a proposed park study area. Additionally, the City of Medina Trail Prioritization Plan identifies this segment of Hamel Road as a Moderately Low trail priority. Potential trail connections to the property exist from both the west and east. From the JJC Hamel, LLC: 805 Hamel Road Subdivision; Rezoning Planning Commission Meeting Page 5 of 7 December 13, 2011 west, gravel shoulders exist along Hamel Road as far east as Arrowhead Drive. From the east, sidewalks extend along the south side of Hamel Road as far west as Hunter drive. The proposed right-of-way dedication should be adequate for future trail or sidewalk land needs. Considering this, staff recommends park dedication be in the form of a cash -in -lieu payment rather than land dedication. Cash in lieu payments are based upon 8% of the fair market value of the unsubdivided property, and shall not be less than $3,500 per dwelling unit, nor greater than $8,000 per dwelling unit. Credit shall be given for the existing dwelling unit. Review Criteria Per Section 820.21. Subd. 10.of the Medina City Code In the case of all subdivisions, the Planning Commission and City Council shall deny approval of a preliminary or final plat based on one or a combination of the following findings: (a) That the proposed subdivision is in conflict with the general and specific plans of the city. (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way. Recommended Conditions In the opinion of staff, the submitted proposal does not meet the above criteria for denial. Therefore, staff recommends approval of the Preliminary Plat with the following conditions: 1) Lot 2 shall be rezoned to R2. 2) Right-of-way along Hamel Road and Pinto Drive shall be dedicated as shown in the submitted plans. 3) Perimeter drainage and utility easements shall be provided. The City will require 10' front/rear and 5' side yard easements. 4) A drainage and utility easement encompassing the raingarden with sufficient access shall be provided. 5) Sewer and water connections shall be provided within the property lines of each proposed lot. Sewer and water connections for both lots shall be provided within one-year, or upon the sale of either property, whichever comes first. A letter of credit in the amount of 150% of the estimated cost of improvements shall be required to guarantee these sewer and water connections. The locations of all sewer and water connections shall be shown on updated plans prior to final plat. JJC Hamel, LLC: 805 Hamel Road Page 6 of 7 December 13, 2011 Subdivision; Rezoning Planning Commission Meeting 6) Park dedication lands or fees as recommended by the Park Commission shall be incorporated into this approval. 7) Tree replacement shall be required in accordance with Section 828.41 of the Medina City Code. Tree replacement species type, location and size shall be identified on the landscaping plan prior to final plat. 8) Buffer yards shall be required in accordance with Section 828.31 of the Medina City Code. Buffer yard planting types, location and size shall be identified on the landscaping plan prior to final plat. 9) Access along Hamel Road shall be restricted to one driveway per lot. 10) Upon redevelopment, driveway access for Lot 2 shall be as far away from the intersection of Hamel Road and Pinto Drive as deemed practical or necessary by the City Engineer. 11) All comments from the City Engineer shall be addressed prior to Final Plat. JJC Hamel, LLC: 805 Hamel Road Page 7 of 7 December 13, 2011 Subdivision; Rezoning Planning Commission Meeting 0 VICINITY MAP PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR JJCHAMELLLC IN THE NE 1/4 OF THE SE 1/4 OF SEC. 11-118-23 HENNEPIN COUNTY, MINNESOTA 30 60 SCALE IN FEET 120 P H=TON ✓R& P KCOLTO .V CENTERLINE OF ROCKFORD ROA D LEGAL DESCRIPTION OF PREM ISES SURVEYED: That part of the East 200 feet of the East Half of the Southeast Quarter of Section 11, Township 118, Range 23, lying Southerly of the Rockford Road and Northerly of a line drawn parallel to and distant 183 feet Southerly of and measured at right angles from the center line of the Rockford Road. This survey shows the boundaries of the above described property, and the location of an existing house, garage, and shed thereon, and the existing topography of said property. It does not purport to show any other improve- ments or encroachments. • : Iron marker found Q : Iron marker set —sso — : existing contour line, mean sea level datum Bearings shown are based upon an assumed datum TOTAL AREA = 30,089 +- S. F. PROPERTY IS ZONED U R LOT 2 IS TO BE REZONED TO R 2 DA TA FILESIIIJO BS/ 1-200/11298JCC/11298 2 LOT W/ ROAD 11-1411. sc' DESIGNED REVISION DATE DESCRIPTION El 12.29.10 1T PINTO DRIVE R O. W. DRAW N ❑2 10.1111 REVISED LAYO UT PR ❑0 1119-11 REVISED LAYOUT CHECKED W W 03 0 /�. L CO. RD. NOl 115 OWNER AND SUBDIVIDER JJC HAMEL, LCC 0/0 JOE CAVANAUGH 275 LAKEVIEW ROAD MEDINA, MN 55391 —IIT, C`7 83 1 .0 Lf7 co03 N `4_Box ER 16. BOX. S9SAW�0 ELDER •CLUMP _ 1 �TS`$PRU�CLi� X12_35+- S .F. 12 ' 16. SPRUC �5-4-M 3�1 7, '—SR� CiE� • \ � 14" SPRUC•CE SPRUCE U E �\ 0) 1 CEDAR \ CLUMP 0' W INV.' ', ` ♦2' SP INCES 1 CED , �. W� EDAR Gc • SPRUCE 1SROUCE \•12' ASH / y . E 0 0` • • ' 114 4 •D• �\ • 4. SPRUCES I ' 100- / N 86°00'18" E 250.60 ---- PAUL.-LCQVLAN 200.00 ,,. NO. 496 EAST LINE OF EAST HALF, SE 1/4, SEC. 11-118-23 -" K & Y SCFERIAW 1n m SPR 6" CIP WATER MAIN N 4°00'18 " E 200.60 8" SANITARY S 2P18. SPRUCES 30.5 EXISTIN G N j QU S — 8 m � LEAN TO: 264 10 \ 1500 S .F . 10 H 2 \ BUILDING_-_ ,. TRAGIC LIN TYP) J Drain age and utility easements shown thus: Being 10 feet in width and adjoining lot lines, and being 10 feet in width and adjoining right of way lines as shown on the plat. GRONBERG & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 952-473-4141 33 HYDRANT V O 4 HY_DRANT 0) 0) z 33w1 Jff; MANHOL RIM ELE\ G` LEb 82 =1008.12 991.80 A'ED /NA /NOUS-- Ti lAt. ADD. 14NI TA TRUSTEE LANG 10"X8" REDUCER 8" Clp ATER MAIN GV 8'06" REDUCER TE /ALVE I HEREBY CERTIFY THJ T THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY M OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. SCALE 1 "=30' DATE 10-12-10 DATE MN LICENSE NUMBER JOB NO . 11-298 11-298 GRADING PLAN FOR JJCHAMELLLC IN THE NE 1/4 OF THE SE 1/4 OF SEC. 11-118-23 HENNEPIN COUNTY, MINNESOTA VICINITY MAP Planting Plan A diversity of pla nt species must be planted to allow for best survivability. Plants tha t a re tolera nt of both wet weather a nd drought must be used. The plants listed below are ada pted to the site conditions. Therefore the followin g are acceptable choices: PHCIDLTANJR& PKCOLTON CENTERLINE OF ROCKFORD ROAD-" Tre es and shrubs Scientific Name Amorpha truticosa Aron ia me lanocarpa Betula nigra Cepha lanthus occidentalis Cornus racemosa Cornus sericea Quercus bicolor Salix discolor Salix exigua Spira ea alba Forbs and Ferns Scientific Name Aster lanceolatum (simplex) Aster lucidulus Aster puniceus Equisetum fluvia tile Euthanmia graminifolia He le nium autumnale Liatris pychnostachya Lobelia siphilitica Monarda fistulosa Pycnanthemum virginianum Vernonia fasc iculate Veronicastrum virginicum Common Name Indigo bush Black chokeberry River birch Buttonbush Gray dogwood Red -osier dogwood Swamp white oa k Pussy willow Sandbar willow Mea dowsweet Grasses, Sedges and Rushes Scientific Name An dro pogon gera rdii Bromus cilia tus Carex bebbii Carex vulpinoidea Elymus virginicus Panicum v irgatum Spartina pectinata Common Name Panicle aster Swamp aster Red -stemmed aster Horsetail Grass -leaved goldenrod Sneezeweed Prairie bla zingsta r Blue lobelia Wild be rgamo t Mountain mint Ironweed Culver's root Common Na me Big bluestem Fringed brome Bebb's sedge Fox sedge Virginia wild rye Switchgrass Prairie cord grass Soils Information A well -blended, homogenous mixture of 50-60% sand: 20-30% top soil; and 20-30% org anic leaf compost is necessary to produce a soil medium with a high infiltration/filtration capacity . Sand - provide clea n sand, free of deleterious materials. AASHTO M-6 or AST M C-33 with grain size of 0.02" -0.04" . Top Soil - sandy loam, loamy sand, or loam texture per USDA textural triangle with less tha n 5% clay content. Organic Le af Co mpost - (MnDOT grade 2) The minimum depth of the prepared soil is 30 inches. However, if large trees are preferred in the design, a soil depth of 48" - 52" must be utilized. The soil depth generally depe nds upo n the root depth of the prescribed vegetation and content of underlying soils. • 0 —990 0 : Iron marker found : Iron marker set : existing contour line, mean sea level datum : proposed conto ur line, mean sea level datum : proposed spot elevation : denotes tree to be removed : denotes proposed planting (6' spruce) W co W 0 O R !_ CO . RD. Na. 115 ese \ TWO PVC CULVERTS 12- AND 10 - Lt) C1) 03 N 00 °26'48 " M co 0 83+- N14" BO DER S. NO. 4 9 6 EAST LINE OF EAST HALF SE 1/4, SEC. 11-118-23 -..-° .." K & Y SC HEIWAN I --r rn m 6" CIP WATER MAIN N8 USE EX STING $N S i W SERVICES\ FOR LO - 1; NEW SE RVI CES NEEDED \ FOR LO -2 16 " SPRUCE \ ` POSSIBLE HOUSE (WALKOUT) 0-99 9 16 "SPRUCE TF - 999.3 B - 990.3 RAIN GARDEN (DRY POND) 1010+- S.F. .! A \ 12 " SPRUe'ES 000'18 " E 200.60 LEAN TO �9 s2 . —450 .! 70 =F. EDAR • • 14 " SPRUCES ' \ BUILDING - — TBACK LIN P) SPRUCE ' "SAAUCE / PR OP() N 86°00'18 " E 200.60 PAULAN EDD SILT FENSGE 200.00 OWNER AND SUBDIVIDER JJC HAM EL, LCC 0/0 JOE CAVANAUGH 275 LAKEVIEW ROAD MEDINA, MN 55391 0 20 40 — SCALE IN FEET 80 V SIGN REMARKS DATE 1, 2910 16 1, 11 11.14-11 BY lr PINTO ORM E P.O.W. R EV.. PUN PEV6E0 PUN DESIGNED I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIO N OR REPO RT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY UCENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. DRAW N CHECKED DATE MINN. LICENSE NUMBER OATS 10-11-11 SCKE 1".20' 408 N0. 11-298 SHELa SHE ETS GRONBERG & ASSOCIATES, INC. CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS 445 N. WILLOW DRIVE LONG LAKE, MN 55356 PHONE: 952-473-4141 FAX: 952-473-4435 33 HYDRANT V SHED 0 ri CO �i HYDRANT z 3311 2 1 IG V Mc D, ,NIA /'VDUS - T R/AL ADD . ANITA D LANG TRUSTEE 10"X8 " - REDUCER 8" CIP ATER MAIN GV 8'x6" REDUCER NHOL 82 RIM ELE —1 0 RIM LE 008.12 LE 991 .80 V --too •' TE ALVE 11-298 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Stantec November 22, 2011 Dale Cooney Associate Planner City of Medina 2052 County Road 24 Medina, MN 55340-9790 Bonestroo Re: L-10-063 805 Hamel Road City of Medina Stantec File 193800376.164 Dear Dale, We have reviewed the site plan and preliminary plat for the proposed lot subdivision at 805 Hamel Road. The plan is dated 11-14-11. We have the following comments with regards to engineering matters. • Perimeter drainage and utility easements should be obtained according to the detail shown on the Preliminary Plat. • The location and installation method of new sanitary and water services for Lot 2 should be shown on the plans. • Since the pond/rain garden has a piped outlet on to the neighboring property, we recommend that stormwater pre and post construction rate calculations be provided for the 2, 10, and 100 year storm events. • Stormwater calculations should include infiltration of stormwater in the rain garden. If no other information is available, a maximum of 0.2 inches per hour should be used as the infiltration rate to show runoff infiltrates within a 48 hour period. • Consideration should be given to working with the neighbors to the south and to the west in obtaining a drainage easement along their common lot line to provide for the piped rain garden outlet. This would also allow for a draintile system under the rain garden. • We recommend that the applicant include the future developed Lot 2 in stormwater calculations. If you have any questions please feel free to contact me at (651) 604-4894 or darren.amundsen stantec.com. Sincerely, Stantec Darren Amundsen Cc: Deb Peterson, Dusty Finke Memo Stantec To: Darren Amundsen From: Robert Monk File: 805 Hamel Road Date: 12/05/11 Reference: 805 Hamel Road Rain Garden Review This memo summarizes review of the proposed rain garden as submitted by Gronberg & Associates, Inc. for the 805 Hamel Road subdivision. The submittal was reviewed for compliance with the City of Medina Design Manual. The following materials were reviewed as part of the submittal: • Site Plans • HydroCAD modeling for existing and proposed conditions • Stormwater Calculations Rate Control 1. After ponding, the HydroCAD modeling demonstrates that the proposed peak discharge rates are less than existing for the 2-, 10-, and 100 -year, 24 -hour storm events. The rate control requirements of the City of Medina Stormwater Design Manual shall be considered met as long as the volume control measures are also met. 2. The proposed peak discharge rates demonstrated in HydroCAD are conservative. With proper rain garden design, proposed discharges of 0.67 cfs, 1.9 cfs, and 3.46 cfs for the 2-, 10-, and 100 -year rainfall events, respectively, will not be exceeded. Volume Control 1. As modeled in HydroCAD, the dry pond/rain garden does not meet the Volume Control requirements of the City of Medina Stormwater Design Manual to infiltrate 1.1 inches of runoff from the newly created impervious surfaces. 2. Presently, the modeling of proposed conditions demonstrates a dry pond with the outlet invert located at the pond bottom. To meet City of Medina infiltration standards, a rain garden would need to be constructed according to provisions of the MN Stormwater Manual (See attached page 722 from Appendix D). 3. If in -situ soil tests demonstrate an infiltration rate less than 1 inch per hour, or if soil testing is not completed, an underdrain shall be required for the rain garden. One Team. Infinite Solutions. dc c:\documents and settings \dalecooney\desktop\I-10-063 805hamelyd_raingarden_120511.docx Debra Peterson -Dufresne From: Robert.Byers@co.hennepin.mn.us Sent: Thursday, October 27, 2011 7:04 AM To: Debra Peterson -Dufresne Subject: JJC Hamel LLC / Cavanaugh Sudivision Attachments: pic22443.jpg Debra: We do not have any substantive comments regarding this revised plat. As we noted in our original correspondence (December 21, 2010), we would eventually like to see the existing driveway • relocated further away from theintersection, possibly off Pinto Drive rather than Hamel Road. Thanks for the opportunity to review. - Bob (Embedded image moved to file: pic22443.jpg)Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, may be subject to attorney -client or work product privilege, may be confidential, privileged, proprietary, or otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 1 Hennepin Hennepin County Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 Ms. Debra Peterson -Dufresne, Planning Assistant City of Medina 2052 County Road 24 Medina, MN 55340 Dear Ms. Peterson -Dufresne: 612-596-0300, Phone 763-478-4000, FAX 763-478-4030, TDD www.hennepin.us December 21, 2010 Re: Preliminary Plat Review — JJC Hamel, LCC CSAH-15 (I-Iamel Road) / Pinto Drive — southwest quadrant Hennepin County Plat Review No. 3195 Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. The preliminary plat was received on November 17, 2010, and revised plans showing possible house footprints were received on December 15, 2010. Initial comments were E -mailed to the city on November 18th, and the county Plat Review Committee discussed the plat on December 8, 2010. Access Hamel Road (CSAH-115) is functionally classified as a major collector street which generally has more flexible design criteria and driveway access spacing guidelines, As our initial E-mail noted, our primary desire would be to place any future driveways as far away from the Hamel Road / Pinto Drive intersection as practical due to potential vehicle conflicts. The revised plans appear to show a reconfiguration that would mitigate our concerns by orientating access from the corner driveway to Pinto Drive south of Hamel Road. Right -of -Way Currently, the county road right-of-way is 66 feet wide, We believe this width is adequate for the existing 2 -lane roadway, No additional roadway right-of-way dedications or easements are envisioned to be needed by Hennepin County for the foreseeable future. Permits Please inform the developer that all proposed construction within county right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to driveway and street access, drainage and utility construction, trail development, and landscaping. Information on the permitting process can be obtained from our website at www.hennepin.mn.us - by typing "permits" in the search box and choosing one of the first search links. The permit applications are processed through our epermitting system at: https://roadpermits.co.hennepin.hm.us. Please contact Bob Byers at (612) 596-0354 or robert.byers(a)co.hennepin.mn.us for any questions or further discussion of these items. Sincerely, (----7-avreLtA James N. Grube, P.E. Director of Transportation and County Engineer JNG/rqb cc; Plat Review Committee—13enicke / Byers / Drager / Fackler / Holtz / Lemke / Lindgren / Neby / Peterson Mark Larson, Hennepin County Survey Office An Equal Opportunity Employer Recycled Paper MEMORANDUM TO: Planning Commission FROM: Debra Peterson, Planning Assistant DATE: December 7, 2011 MEETING: December 13, 2011 Planning Commission SUBJ: Borchers & Kingsley —1512 Tamarack Drive — Variance from setback requirements - Public Hearing Review Deadline Complete Application Received: November 9, 2011 120 -day Review Deadline: February 7, 2012 Summary of Request The applicants Sarah Borchers & Brian Kingsley are requesting approval for a variance from the rear yard (south property line) setback to reconstruct an in -ground swimming pool at their home at 1512 Tamarack Drive. The existing swimming pool is set back 20 feet from the rear yard property line and current regulations now require a 50 foot setback for a pool. The applicants are proposing to set the proposed pool 30 feet from the rear property line. The applicants propose to construct a new pool 30 feet from the rear property line rather than the required 50 feet. The shift of the pool further to the north brings the pool closer to the home and improves the alignment of the pool with the existing gazebo. The shift of the pool an additional ten feet away from the rear property line improves the separation from an existing 20 foot electrical easement and is designed to slightly overlap the current pool location as shown on the site plan on the following page. An existing hot tub and wood platform deck would be removed if the proposed pool is approved. The existing pool footprint is 1028 square feet and the proposed pool footprint would be 920 square feet which would be a reduction of 108 square feet in overall size. The proposed pool will be rectangular in shape and can more easily accommodate an automated safety pool cover than the existing L-shaped pool. The subject property is zoned RR, Rural Residential and has a minimum setback requirement of 50 -feet from property lines. Properties to the north, south, east and west are also zoned RR, Rural Residential. Sarah Borchers & Brian Kingsley — 1512 Tamarack Drive Page 1 of 6 December 13, 2011 Setback Variance Planning Commission Meeting NT 1 C_, ( yr, 5400E SL4 ‘901..k. • or t 4a:►4 P1n• 2 & Eltc1r c. e&sc v .i. Borchers/Kingsley Residence 1512 Tmnarack Drive Long 1.ake, MN f F . � C pc,SFu.1 /11111.Z 1 Existing Conditions The subject property is 10.40 acres in size and has access to Tamarack Drive from the private roadway to the north. The existing in -ground pool and gazebo were constructed in 1989 and a new Single Family home was constructed on the lot in 2005. When the house was constructed Sarah Borchers & Brian Kingsley — 1512 Tamarack Drive Page 2 of 6 December 13, 2011 Planning Commission Meeting Setback Variance the current owners designed the home to continue to have the pool south of their home rather than being in any other yard. In 1989 when the existing pool was constructed the setback requirement for the side yard was 20 feet and the rear yard was 40 feet. A hot tub, wood platform deck, and gazebo are positioned around the existing L-shaped pool. The pool abuts an electrical easement to the south. Legal Nonconforming The existing pool was constructed in 1989 and met all setback requirements of the zoning ordinance. At that time City staff interpreted the southern property line to be the side yard which required the pool to be set back 20 feet. In 2006 the RR zoning district regulations changed requiring all principal and accessory structures to be set back 50 feet from all property lines. The 2006 zoning ordinance change placed the property into legal nonconforming status. Legal nonconforming structures are allowed to be replaced within their existing footprint even if they do not meet current regulations for setbacks. If the structure is proposed to increase in size, or shift outside of its footprint the structure would be required to comply with all current setback requirements. Today staff interprets the southern property line to be the rear yard rather than the side yard. This interpretation does not have an impact on the current setback requirements since structures Sarah Borchers & Brian Kingsley — 1512 Tamarack Drive Page 3 of 6 December 13, 2011 Setback Variance Planning Commission Meeting are required to be a minimum of 50 feet from all property lines, except structures housing animals. Setback Requirements The following table summarizes the existing and proposed conditions in relation to the relevant ordinance requirements. Requirement Existing Pool Proposed Pool Min. Front Yard Setback (north) 50 feet Over 400 feet Over 400 feet Min. Rear Yard Setback (south) 50 feet 20 feet 30 feet Min. Side Setback (east/west) 50 feet Over 200 feet Over 200 feet Criteria for Considering Variances City Code section 825.45, Subd. 1 describes the criteria that the City should consider when reviewing variances. The following describes the criteria and summarizes staffs findings on each, which the Planning Commission and City Council could use as findings of fact: Section 825.45, Subd 1. A variance from the provisions of the zoning ordinance may be issued to provide relief to the landowner where the ordinance imposes undue hardship or unique conditions to the property owner in the use of the land. No use variances may be issued. A variance may be granted only in the event that all of the following circumstances exist: (a) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this Ordinance have had no control. Staff believes that existing conditions such as the location of the gazebo/changing room, pool pumps, filter, underground gas and electric lines create practical difficulties to continue to utilize them if the pool was to be constructed the required 50 feet from the rear yard property. The applicants designed their home with the intention of replacing the pool in this general location and as a result created their downstairs a walk -out with the floors in that area to be impervious to damage from dripping swim -suits and wet feet. (b) The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Staff believes the literal interpretation of the setback provisions of the City Code would prevent the applicant from enjoying the beauty of an existing 100 year old oak tree and utilizing their existing gazebo/changing room to its full potential based on existing conditions. (c) That the special conditions or circumstances do not result from the actions of the applicant. Sarah Borchers & Brian Kingsley — 1512 Tamarack Drive Page 4 of 6 December 13, 2011 Setback Variance Planning Commission Meeting The change in the setback regulations was not created by the actions of the applicant. The applicant designed their pool/entertainment area around the 1989 regulations rather than the current regulations which creates practical difficulties for the property owners. (d) That granting of the variance requested will not confer on the applicant any special privileges that are denied by this Ordinance to the owners of other lands, structures, or buildings in the same district. Staff does not believe that granting of the variances confers on the applicant any special privileges that are denied to owners of other property in the same district. (e) The variance requested is the minimum variance which would alleviate the hardship. Staff believes that the variance requested is the minimum which would alleviate the hardship. (f) The variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone. Staff does not believe the variance is detrimental to the purposes of the zoning ordinances. Staff reviewed the recently updated State Statute to make sure the Variance was consistent with state statue and the ordinance. Without receiving a variance, the applicant could not reconstruct a new pool and continue to utilize an existing gazebo/changing room to its full potential and could not put the property to a reasonable use allowed in the district. Minnesota State Statutes Chapter 462.357, Subd 6 (2) To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth shelter construction as defined in section 216C.06, subdivision 14, when harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances. A condition Sarah Borchers & Brian Kingsley — 1512 Tamarack Drive Page 5 of 6 December 13, 2011 Setback Variance Planning Commission Meeting must be directly related to and must bear a rough proportionality to the impact created by the variance. Letter from Neighbor A letter was received by the owner of the vacant land to the west of the subject property supporting the variance request. The letter has been attached for your review. Department Review Comments The development review committee has reviewed and recommends approval of the proposed setback variance request as long as the 100 year old oak tree is preserved. Staff Recommendation Staff recommends approval of the variance request with the findings described above and subject to the conditions which follow. The City may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Staff recommends the following conditions: 1. The drip line of the 100 year old oak tree shall be protected prior to the start of excavation of the pool. 2. The Applicant shall commence construction within one year of the approval of this variance, or else approval of the variance shall be considered null and void. 3. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the request. Attachments 1. Applicant's Narrative dated November 9, 2011 2. City staff review comments 3. Letter in support of Variance from neighbor 4. Existing site plan received by the City on November 9, 2011 Sarah Borchers & Brian Kingsley — 1512 Tamarack Drive Page 6 of 6 December 13, 2011 Setback Variance Planning Commission Meeting November 9, 2011 Dear Medina Planning Commission and City Council, We are requesting your consideration for a setback variance for replacement of our existing swimming pool. Our current pool, installed in 1988 by my parents, Richard and Jane Borchers, is currently located 20 feet from the southern property line and is a large L-shaped pool. (see photo 1) When originally installed, the pool met all setback and easement requirements. As it sits today, a portion of the existing pool and patio is within a 20' southern utility easement and within the new setback requirements. We are seeking to replace this old pool with a more efficient pool that would be 30 feet from the southern property line (an additional 10'), with both pool and patio entirely outside of the utility easement. We feel this is more in harmony with the Medina ordinance of where pools and structures can be placed and respects the essential character of Medina. The proposed replacement pool will have an automatic cover, which will make the pool both safer and more efficient, which we believe is a better solution for our young family and the environment. There are a few reasons we are requesting this variance: • The proposed replacement would leave the "bookends" that have been in place since 1988; the equipment pad on the Eastern end of the pool and the gazebo on the Western edge. Of the existing pool equipment, we will be only replacing the heater; the other equipment such as the pumps and the filter will remain in use, as will the existing underground gas and electric lines. For the existing gazebo, there will be no expansion of the structure and we will continue to use the existing water, phone, electrical, and closed-circuit camera lines and have plans to improve the old roof, windows, etc. Placing the pool anywhere outside of between these two oft -used components would require significant practical difficulties in moving or replacing these critical structures elsewhere on the property. By keeping the pool between these bookends, we would continue to use the existing structures and property in a reasonable manner' the same manner as the past 23 years. • When we built our house in 2004-2005, we oriented it with the idea that we would eventually replace the old pool in the same general area, at the southern part of our property. Our downstairs walk -out was designed with floors impervious to damage from dripping swim -suit clad kids, for example. • The pool will be kept on the Southern side of the house, and it is not feasible given our current house location to place it the ordinance required 50 feet from the property line as it would butt up too close to our home and placing it any closer than our proposed replacement plan would necessitate us cutting down a 100 + year -old oak tree. (see photo 2) • The driveway just South of the existing pool is lined with tall pine trees belonging to our neighbor. In 1988, when the original pool was installed, there were no tall trees. Today, the current location of our pool is in the shadow of these —30 feet tall trees. Our proposed replacement pool would minimize the negative effective these trees have in blocking the sun and thereby allow the replacement pool and cover to more efficiently use the sun to heat the pool water. ti In meeting with Dusty and reading the Medina ordinances, we understand that the goal of having structures such as pools 50 feet from property lines is to avoid crowding of rural properties. Our variance request is in harmony with the ordinance in that we would be moving the pool farther away from our neighbors' private driveway (the only property that abuts the pool area). If you were to approve this variance, you would be both reducing the nonconformity of our pool and reduce any `crowding' our neighbor currently feels. Other facts that you may wish to consider is that with our current plan, we would be reducing the size of the pool: the current pool is 1028 square feet; the proposed replacement pool would be 920 square feet. The patio would be reduced from 1970 square feet to 1750 square feet. With an automatic cover, our pool will be safer and require fewer chemicals than our current pool. In addition, the new pool would have a better filtration system that would make all of the filters safer for swimmers, as well reduce the amount of chemicals needed. This improved filtration system and automatic cover will lead to reduced energy use. We would really appreciate an approval of this variance request, as we feel it would leave both the City of Medina and us in a better situation than our current location of the pool. We are looking to create a safer and more enjoyable pool for our young daughters and their friends while respecting the City's goals of ensuring that Medina stays true to its nature. Thank you for your consideration. Sincerely, Sarah Borchers & Brian Kingsley 1512 Tamarack Drive, Long Lake, MN 55356 763-473-0840 sash@borchers.net and briankingsley@ me.com i Photo 2 1 Stantec November 22, 2011 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636.4600 Fax: (651) 636-1311 Deb Peterson City of Medina 2052 County Road 24 Medina, MN 55340-9790 Bonestroo Re: L-11-074 1512 Tamarack Drive City of Medina Stantec File 193800376.175 Dear Deb, We have reviewed the site plan for the new pool and landscaping at 1512 Tamarack Drive. The plan is dated 11-10-11. We have the following comments with regards to engineering matters. • A number of proposed retaining walls are shown as 4.0 feet in height. If field changes increase the height, engineering design and details must be submitted for review. • The site and grading plan is acceptable from an engineering standpoint. If you have any questions please feel free to contact me at (651) 604-4894 or darren.amundsen a( stantec.com. Sincerely, Stantec Darren Amundsen Cc: Dusty Finke 1 METRO WEST INSPECTION SERVICES, INC. Loren Kohnen, Fres. November 17, 2011 TO: Debra Peterson FROM: Loren Kohnen RE: 1512 Tamarack Drive Medina, Minnesota SWIMMING POOL REPLACEMENT VARIANCE (763) 479-1720 FAX (763) 479-3090 Mtrowst76@aol.com The proposal to move the swimming pool farther from a property line appears to be well planned. Moving the pool further would possibly damage or kill an existing century old oak tree. I would recommend approval of the variance. LK:jg Box 248, Loretto, Minnesota 55357 t Debra Peterson -Dufresne From: Steve Scherer Sent: Monday, November 28, 2011 1:37 PM To: Debra Peterson -Dufresne Subject: 1512 Tamarack Deb Strictly from a common sense standpoint it seems to be a better situation than we currently have to move the pool to the North. However I would hope they would make a very serious effort to save the oak tree near the construction. 1 ADDISON & CYNTHIA PIPER 2905 Wiiiowood Farm Rd. Hamel, MN 55340 (763) 478-9900 Fax (763) 478-9911 Cindy CeII (612) 868-2190 Tad CeII (612) 868-2189 E-mail cindypiper46(a)_gmail.com E-mail addisonpiper0.mac.com December 3, 2011 Medina Planning Commission 2052 County Rd. 24 Medina, MN 55340-9790 Re: Borchers/Kingsley Request for a setback variance 1512 Tamarack Drive This letter is to verify that we have received the information regarding the requested variance and as adjoining property owners we will support the request and desire the Planning Commission to vote in favor. Thank you, Addison & Cynthia Piper 1500 Tamarack Dr. Cc: Borchers/Kingsley T>M,wACN DRIVE DR CH ERS/KIN GSL£Y PROPERTY I' 5, BLOCK 1, OLDWOODS FARM 1512 TAMARACK DRIVE MIEDINA, IENNEPIN COUNTY, MINNESOTA SECTION 26, 7118)1, 623W 09 FARM LOT 5, 2929'5 P E2r 8040 E 9.9 CP43 f 1 �� Z.10 0 64 ee �I \\o' ku. 0 \J:O X\S\Av�q ?°c,46 BAr..111.2.,S L=1;9.44 • R=1091.77 0=10' 28'00" C=--199. 16 \o A11 -A/2) IP a1 RIP E 1 (ec CAT e AhS .�—._ L 84. 43'51 ) 6E 5,0 -�— i -- r---= , O,JTLO) . F:10'3E LEE05 "'' c'1=07'" (I ni LOT 2, gLU F AP,A OLOWUOGS 1012 33 H1003 42 010 FOOTPRINT AREA. 994 50. FT. ITC CEDAR EC BLUE SPRU CE COVERED PORCH 6 a — 0.4.4. 71.-1.. .-0.;"497.7.).-- 1.200 ■6-4 CEO P •�1 FE NNO 1/2 - PE N PPE >P UCE S 69'57'51 E 351.09 3J PPJ En SEUENT 2'S 91 31 r o 5! 95 1 15J 64 Z1 2.,01+49 OLrN,100D� E� L00.3 FDLITIO 1/2 . IRON PIPE IPaI E �11P,;2, IP 0 11 PIPE 1 /±' F0A1, 2—I/2 1F -T1 FP. E p\ P`A 0 4 t1 cIE;o.s cs mcT FOUND I/O 10011 R _0 3O I I NCH Eat+, 30 FEET 6 35,5 FA 9E9PIN GS 0110 DEPAP .11 OiNNESpTA Opp 1RR4ENf O STATIO N 'RUM 101053. 400410O OSCU 5113E a SHOE HOLY 2 M Y NAME LAKE RECORD 2051110N (NAD83, 1996): l4 T.. 4 00 49. ! 2 269' V4. LOTIO.43 '32'01 .24463' HENIIIEPI N CONNTY COORDINATES: 115605 v.16123 `.D30 ELE00;02.,003 .508 (61010 29) (23 PER P5 OBSERVATION) COIr0UR INTERVAL., F OOT REFERENCE DOCUMENT: CERTIFICATE OF TITLE 50. 1055990 NOTE '. E ASEMENTS 5N0 'AN APE A5 0ESA1200 ON CER-IF0010 OF TITLE NO. 1055930 LOT AREA = 453.082 00 FT . 00 10 .401 ACRES LEGEND —1000— 0031011 CONTOUR UNE +1011.61 00151101: SPOT ELE'VATIO'N 001 0 204016,0 METER A, AP „n.LA11011E2 Erb • ELECTRIC TRANDFCAM111 1P. O 1ELEPH03,0 P15ER B• 664,1C LOCATION • REPO TEST LOCATIO N FENCE —H---- SPLIT RAIL FE NCE EDGE OF TREES CP Nl0[ 51:1.,6 -1 001,12OL POI NT NOTE. UTILITIES 09010, 42 PER !902 0 6)060 041501400 ALL UNSER:POUND U.I. LOCATIONS TO BE VERIFIED T .COCH GOP HER ATE ONE -C ALL (051-454-0002) AMOR TO h1N LU.A N! EACA'YA11a1 OP and, - fc1 PR ► FUR, PREPARED PURE TEMPER 5: ASSOCIATES IkL' 5AP.0)1 00040445 & BRIAN 1512 TA MARACK DRIVE MEDIIIA MI i6EOTA 55357 703-473-0840 ARCHITECT: PAUL 0000 . A10 SALA ARCHITECTS. 13 M:1H STREET S .E. 5VITE 410 19111/I IEAFOLIS MI) .!)1604.TA 55414 PHONE 012-379-3037 647 6)2-329-0001 CER 1 0,11)ION HEREBY O E P11F, M - , 0: - -ARED Br wF. EO 1 510.0 A! 11 N1p 1H AT OIL 460 CE%uF OFCSEONAL L iNO S'URV'EYOR U NDER T HE L Y; Ci MF Sr, Aran F1VF Yl ha (; r FIdt;II.IFFPINi; OF MONESL1> 5 2 4r METAL OR W OOD POST OR STAKE ENGINEERING FABRIC FABRIC ANCHORAGE TRENCH BACKFILL 91TH TAMPED NATURAL SQ L ta 'It,M.,-I4MVM'''. 6 INCH MINIMUM NOTE: DEPENDING UPON CONFIGURATION, ATTACH FABRIC TO WIRE MESH 118771 HOG RINGS, STEEL POSTS •98TH TIE WIRES. OR W00D P05T5 WITH STAPLES. TYPICAL INSTALLATION FOR SILT FENCE (5ECT0N 6.3. MPCA'S 'BEST MANAGEMENT PRACTICES') BAR N V N. 01.1100 j ti _ II / 11— _ lr / j� rl----imc.rar� wciiwr—�_— ____—_� gym` ^" �a /7' -0 J /. el/ CI 0 J ^0 North x `. Scal e 1" = 20' O' 1 i Sr; Keenan & Sveive n, Inc. 15600 Wmvt. Blvd_ Suite 106 Wnvv,m,hti oouot. 55791 Telephon e 952 475 1229 Fauitoile 952 475 1667 DESI GN BUILD Landscape Architecture CA CA ce mpq re/ c' z 0-4 0 ▪ C HX o • 3 loa cit emm 1 hereby c ernfy that Wir plan sp eclfscan o., or report e ar umpired Mme or under my dbect superable. a nd Marl am a d uly Beabtered La ndscape ArrWM<t u nder the l aws of the mate of hlinnesom . date: — Imonsmaesismasma- dawn• JAF date: 1)/10111 Pool Layout jimianass Li imess asionsm icsimc I G% T Y o A Comment Card MEDINA Name of Speaker: , x-- PP : ' Ii.''‘ ) Public Forum Agenda Item (please print) Address: k � k% ���� �m 4/ Telephone (optional): & - qio - Representing: Agenda Item (list number and letter): C* Comments: . Approach the podium to speak " Meeting Rules of Conduct MEDINA " Please indicate if comment card is for the Public Forum or an Agenda Item in upper right hand corner. " Please fill out card and provide a brief summary of comments. " Please turn in the card to a staff member who will pass the card to the Mayor. The Mayor will call on you to speak when it is your turn. " Please approach the podium when called on to speak. While Speaking Please give name and address Please indicate if representing a group Please limit remarks to 3 to 5 minutes 12/13/11 JJC Hamel LLC 805 Hanlel Road Medina Meeting 12/13/11 • Good evening, Planning Commission & Staff • I appreciate your time and effort towards this project • In January of this year, I came before you to propose o 3 lot subdivision o Right of Way variance request s • At that time, Dusty recommended that I change to a 2 -lot subdivision with an R2 zoning on Lot 2 • I am fine doing 2 lots instead of 3, and I DO want to maintain the Right of Way variance, as requested in January • Dusty, could you pull up the picture of the property, including the road going to the Elm Creek Wetland Area • Since this road will never go through, the ROW variance request allows: o Lot 1 to be approximately 89-90 ft wide instead of 83 ft. o This could be more tax dollars to the city and a better lot • Other easements that were not intended to be used were given back (extension of Tamarack) • It will be better not to take an easement for a road that will never go through. Instead we can make the layout of the 2 lots better • Thank you for your consideration and your time. -Joe Cavanaugh cell: 612-805-2015 Dale Cooney • Subject: FW: 805 Hamel Road From: Fobes, Karen (KL) fmailto:KLFobes©dow.coml Sent: Tuesday, December 13, 2011 11:24 AM To: Dale Cooney Cc: Dusty Finke Subject: RE: 805 Hamel Road Dale, I will not be able to make the meeting, so I wanted to send you this e-mail. A_ Of course I would rather have just one residential standard lot, not split. Last year when this came up it was mentioned that if we did not agree to the request for 3 house, that we could end up with 3 house next within 5 feet of our property line. I do not know if this is correct or not. If it is correct then I would prefer the below proposal. For this proposal also I would like a stipulation that they add a 6 foot (assuming this is maximum height) fence. This is because of all the trees that would be lost, that currently cover the house that is there. Neither house would be covered with trees at all, towards the back of those houses. The amount of trees that will have to come down and not be replaced is excessive. There were many trees that are within the 10 foot property line, with vines throughout them, which offered good side coverage before. Being they are not mentioned on the print, I am assuming they plan to take all of those trees down too. This could leave our house open to all of the headlights turning right from Pinto onto Hamel Road. Besides this there would be nothing blocking between the house any longer. Please, Please make it a stipulation of the request below, to add a fence between the properties. Thanks for your consideration. 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