HomeMy Public PortalAbout02-14-2012MEDINA
PLANNING COMMISSION AGENDA
TUESDAY, FEBRUARY 14, 2012
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 Januaryl0, 2012 draft Planning Commission
minutes.
6. Approval of February 6, 2012 Special meeting draft Planning
Commission minutes.
7. Public Hearing — Lennar Corporation — A Planned Unit
Development Concept Plan for 116 Single Family Homes on nine
parcels with an overall gross area of 48.4 acres. The properties
are located west of Brockton Lane and south of Hamel Legion
Park (PID #13-118-23-14-0004, #13-118-23-14-0005, #13-118-
23-11-0005, #13-118-23-11-0006, #13-118-23-11-0007, #13-
118-23-11-0008, #13-118-23-11-0009, #13-118-23-11-0011, &
#13-118-23-11-0012).
8. Continued Public Hearing — Text Amendment to Chapter 8 of the
Medina City Code related to regulations for signs.
9. City Council Meeting Schedule
10. Adjourn
POSTED IN CITY HALL February 10, 2012
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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
MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Scott Johnson
DATE: January 12, 2012
SUBJ: Planning Department Updates January 17, 2012 City Council Meeting
Ordinance Updates
A) Sign Ordinance — The Planning Commission reviewed the ordinance at their October and
December meetings, provided staff with direction on a number of policy questions, and staff
plans to present the ordinance at the February Commission meeting.
Land Use Application Reviews
A) J. Cavanaugh Plat — 805 Hamel Road — Joe Cavanaugh has requested subdivision of property
at the southwest corner of Hamel Road and Pinto Drive into two lots. The City Council
reviewed at their January 3 meeting and directed staff to prepare a resolution of approval which
will be presented at the January 17 meeting.
B) 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 Planning Commission held a Public Hearing at the December 13 meeting and
recommended approval. The City Council will review at the January 17 meeting.
C) Pemtom Stage III/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
will be reviewed at the January 17 meeting.
D) 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 (8 lots) and flexibility to lot size and setback requirements and place a portion of their
property into Conservation Easements. The Planning Commission discussed the updated
concept plan (reduced from 10 lots) at their January 10 meeting and recommended approval (w/
Commissioners recommending between 5-7 total lots). The updated concept will be presented
to the City Council in February.
E) Lennar (Brockton Lane) Residential development — Brockton Lane, east of The Enclave —
Lennar has applied for a PUD Concept Plan to develop approximately 50 acres east of The
Enclave site with 116 single-family homes. Staff is conducting a preliminary review to see if
the request is prepared for a Public Hearing at the February Planning Commission meeting.
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) Private Dog Kennel Licenses (Steinmetz) — staff has been coordinating the review of a request
for a private dog kennel license for 9 dogs and 25 cats in a home at 1270 Oakview. The
Council will review the request at the January 17 meeting.
Planning Department Update
Page 1 of 2 January 17, 2012
City Council Meeting
B) Xcel Energy Hollydale Power Line 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.
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) 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 approved of a
license for 6 dogs at the December 20 meeting. The project will now be closed.
E) 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 January 17, 2012
City Council Meeting
1 CITY OF MEDINA PLANNING COMMISSION
2 Meeting Minutes
3 Tuesday, January 10, 2012
4
5
6 1. Call to Order: Commissioner Nolan called the meeting to order at 7:00 p.m.
7
8 Present: Planning Commissioners John Anderson, Victoria Reid (arrived at 7:05),
9 Kent Williams, Charles Nolan, and Robin Reid
10
11 Absent: Kathleen Martin
12
13 Also Present: City Council member Elizabeth Weir, City Planner Dusty Finke, and
14 Associate City Planner Dale Cooney
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. Weir Mentioned the Private Kennel License, Stormwater Taxing
24 District, and Fee Schedule Updates, and the Rezoning request to R2 zoning for Lot 2
25 located at 805 Hamel Road.
26
27 4. Planning Department Report
28
29 Finke provided an update of upcoming Planning projects. Finke mentioned an
30 upcoming concept plan for a Lennar project on Brockton Lane.
31
32 5. Approval of the December 13, 2011 Draft Planning Commission meeting
33 minutes.
34
35 Motion by R Reid, seconded by Anderson, to approve the December 13, 2011
36 minutes with a revision to line 40 on page six changing language "to maximum height
37 for all signs." Motion carried unanimously. (Absent: Martin)
38
39 6. Wallace Marx — Planned Unit Development (PUD) Concept Plan for a
40 Conservation Design subdivision of four contiguous parcels totaling 109.58
41 acres.
42
43 Finke presented the staff report regarding the changes to the subdivision concept plan.
44
45 Nolan asked about Lot 5 building site and routing of the driveway. He further asked
46 about the relative value of having the house on the lake front versus having it up
1
1 higher. Finke replied that staff is recommending the building pad be moved up the
2 slope and the septic location for that pad moved near the garden area. This change he
3 said would disturb less soils. Staff sketched an access point that follows an old
4 existing road bed to reduce new impacts to wetlands. Finke said it may seem contrary
5 to take away some conservation areas, but moving the house up the slope on Lot 5
6 would reduce impacts for installation of septic systems. He added that the septic
7 system designer said the soils along the lake front were disturbed to a point that a
8 system would not be possible in this area.
9
10 Anderson asked about how long of a run it would be for the septic system for Lot 5.
11 Finke said it would be 800-1000 feet depending on how far they put the house up the
12 hillside. Finke explained the current plan is proposed to have a longer run than the
13 recommended change of 800-1000 feet to the septic.
14
15 Anderson asked how much of the run goes through wetland areas.
16 Finke: You can route it around the wetlands, but you can route it a number of ways.
17
18 V. Reid asked if there are rules on School Lake about how many trees you can cut,
19 and would the house have a view? Finke replied that there is the tree preservation
20 ordinance and City Shoreland Ordinance (shore impact zone).
21
22 Nolan replied that 50 feet of the shoreland zone would be too shallow to prevent tree
23 cutting along the lakeshore. Nolan asked if putting the zone in a conservation area
24 would protect the trees more. Finke replied that it would.
25
26 V. Reid asked about the number of properties allowed under existing zoning. Finke
27 replied that the lots could be rearranged, but additional lots could not be gained and
28 the total would be seven lots.
29
30 Williams asked about how the lots would lay out. Finke showed on an aerial where
31 the lots would fall. Williams asked about Agricultural Preserve. Finke replied that
32 Agricultural Preserve could have one house per 40 acres.
33
34 Williams asked Finke about the letter from the neighboring property owner and the
35 Agricultural Preserve restriction. Finke replied the applicant had initiated the request
36 to get out of the Agricultural Preserve which would allow the applicant to
37 reguide/rezone the property to Rural Residential in the future (2016?).
38
39 Nolan asked if only concept approval could be achieved at this point. Finke stated
40 yes.
41
42 Williams asked about the base units being four under zoning. Finke clarified that the
43 small southern parcel is an existing lot and doesn't count toward base density. Staff
44 interprets a maximum density of three lots doubled to six, plus the existing lot to the
45 south.
46
2
4
1 Nolan asked about the seventh lot, saying that it is outside of the discussion. Finke
2 stated that staff encourages its inclusion since it has significant conservation value
3 and that it helps meet City conservation goals.
4
5 Williams asked about the area preserved, versus the conservation benefits, and how it
6 relates to the density decision. Anderson asked how much buildable would be
7 otherwise preserved. Finke said that it all could be developed except for the setbacks.
8
9 Nolan mentioned letters sent by interested parties related to the application for
10 inclusion into the minutes.
11
12 Nolan asked about the area with nine oak trees noted on the plans. Finke said there
13 are large trees there, but it had been disturbed.
14
15 Nolan asked about environmental issues and the City's liability in approving a
16 subdivision with potential environmental issues. Finke noted it was part of the
17 conditions. Nolan mentioned that perhaps there should be something stronger, such as
18 a chain of title, and doesn't want it to get lost in the process and become a legal
19 problem.
20
21 Anderson asked if the overall quality of the property that would go into conservation
22 was ranked as moderate. Finke replied moderate to good would be more accurate.
23
24 Wally Marx, applicant, made a presentation to the Commission. Marx mentioned that
25 he had reduced the lots he is asking for to 8 lots. Marx went on to describe the
26 property and the location of the proposed lots. Marx mentioned nine oaks were very
27 large oaks in the 100-125 year old range. Marx said he was asking for one additional
28 lot for each PID number.
29
30 Marx showed an aerial photo of the property and spoke to the improvements he has
31 made and several of the important features on the lot.
32
33 Marx invited Jim Lane to discuss some legal issues. Jim Lane spoke as Marx's
34 special council. Lane stated that he believes the plan conforms to the City's CD-PUD
35 ordinance and should be ready for decision by the City. He also mentioned the
36 density issue is up to the Council. He also mentioned the environmental condition of
37 the property and any assessment of the property should be limited to the former mink
38 farm on the property of about 40 acres. He stated costs for more could be
39 problematic. Mr. Lane mentioned the importance of the trail around the lake and its
40 value to local residents. He referenced the Cindy Piper letter submitted to the
41 Council.
42
43 Williams asked if he supported the 200% cap. Lane agreed with the 200%. Williams
44 pointed to the code language relating to suitable soils. Lane agreed that there were
45 only 15 acres of suitable soil.
46
3
1 Marx returned to the podium to speak. Marx reiterated the quality of the 20 acre lot in
2 question that doesn't contain five contiguous acres. Marx showed a brief video with
3 photographs of the property.
4
5 Michael Pressman came to the podium to speak. He mentioned that he was not
6 serving in any capacity with the Nature Conservancy. He mentioned the property
7 meets the objectives of the CD-PUD. He mentioned that Medina has only 17% of its
8 land covered by forested area even though the City was once known as "the big
9 woods." He also mentioned the significant and unique characteristics of the
10 Tamarack swamp on the lower 20 acres.
11
12 Williams asked if the current framework would protect the land. Pressman stated that
13 they are not, since they are subject to change with the political landscape. Marx
14 mentioned that legislature changes and priorities change.
15
16 Pressman went on to mention the diversity of natural features and that taken as a
17 whole; the property is unique for preservation. Pressman also pointed to its adjacency
18 to Baker Park. Pressman reemphasized the importance of conservation areas over
19 zoning/planning, since conservation will protect against future changes, but
20 planning/zoning will change with them.
21
22 Jean Coleman from CR Planning came to the podium to speak. Jean handed out
23 copies of her memo. She mentioned that the level of preservation is extremely high.
24 She spoke to the wetlands conservation act, and that it does allow grading and filling
25 of wetlands. She also mentioned encroachment by third parties is also an issue. She
26 has skepticism about the long term functionality of the WCA, since it is likely to be
27 degraded through litigation over time.
28
29 Williams asked Coleman if she thought five lots on the lakeshore were better than
30 one. Colman stated that in some ways it could be better since it might be regulated.
31 Coleman also went on to state that the property met the threshold and the value of the
32 ordinance.
33
34 Mark Gronberg went to the podium to speak. He spoke about the preserved areas that
35 are "buildable" and that some steep slopes are "buildable," but not by the City's
36 calculations. He also went into other design considerations relating to septic systems.
37
38 In closing remarks, Marx mentioned Lauren Kohnen's memos in the staff report. He
39 also mentioned several council members' comments from the last City Council
40 meeting.
41
42 Nolan asked about the horse trail, and if the future trail would be similar to what
43 exists now. Marx replied that it was his intent.
44
4
1 V. Reid asked about the timing issue. Marx replied that theoretically two houses
2 could be allowed under the Agricultural Preserve ordinance. He replied that the
3 timing issue is an applicant and Council issue, not a planning issue.
4
5 V. Reid asked about staff's seven lot suggestion. Marx mentioned that parts of staff's
6 recommendation would be unfeasible and costly.
7
8 Williams asked about staff's plan. Finke mentioned that it was his goal to put the
9 majority of the lakefront in conservation. Williams asked Marx what he thought about
10 lakeshore conservation. Marx said he believed in private ownership and protection.
11
12 V. Reid asked about the potential Homeowners Association and how it would be
13 managed. Marx mentioned that the process was still in the works.
14
15 Nolan entertained public comments on the application.
16
17 Mark Whitmer of 2930 Parkview advocated not adding any lots and that the impacts
18 of the development would be negative. Higher density development would be
19 detrimental and the benefit to the City is marginal.
20
21 Dan Johnson spoke about his concerns of the proposal as presented. He also spoke to
22 lower density. He asked what the setbacks would be in this case.
23
24 Nolan asked if the bonus wasn't in and of itself the definition of density. Johnson
25 replied that the land isn't buildable and shouldn't be allowed to have increased
26 density.
27
28 Richard Haberman of 2782 Parkview Drive spoke against the development and the
29 impacts it would have on him. Haberman asked about the septic systems being used.
30 He expressed concerns about increased traffic as well.
31
32 Councilmember Weir paraphrased Mayor Crosby's comments and how he had
33 envisioned clustering around disturbed areas rather than what has been presented.
34
35 Discussion was closed.
36
37 Nolan spoke to the benefits and value of the property. He also spoke about the
38 maximum value being 200%. He believes that there is a maximum density of seven
39 lots. He spoke against the lack of preservation initiative along the lakeshore. He
40 mentioned that the lakeshore is much more of a community asset and much more
41 visible than other preserved areas. Nolan stated he would like to see more emphasis
42 put on preserving the lakeshore. He supported staff's recommendation to move lot 5
43 up the hill and remove the septic up the lake. He would like more woods put in the
44 conservation easement and more attention to School Lake.
45
5
1 Williams agreed and added the existing development allows for four lots. He doesn't
2 see any reason for a 200 percent bonus. Williams said the applicant proposed
3 minimum conservation and seeks maximum density bonus.
4
5 Anderson said that the density bonus cannot be assumed. Anderson said he would
6 support six lots.
7
8 Robin Reid mentioned the environmental assessment. Nolan mentioned that the
9 assessment should be on the "disturbed area" which is yet to be defined.
10
11 R. Reid said the decision is precedent setting. She said she would be supportive of
12 seven lots.
13
14 V. Reid supported staff's general position of seven lots. V. Reid said that she felt the
15 lots could still be on the lakeshore, but with restrictions.
16
17 Nolan reiterated his comments about sensitivity to the lake.
18
19 Finke added that economic considerations should be part of the conversation, since
20 the CD-PUD is a development option which presumes economics.
21
22 Nolan mentions he favors six lots since he believes the precedent of seven lots would
23 be problematic.
24
25 All Commissioners agreed that some bonus incentive would be appropriate, but they
26 disagreed on the maximum number to be allowed. One Commissioner felt one
27 additional density bonus should be allowed, two Commissioners felt two bonuses
28 should be allowed, and two Commissioners felt three bonuses should be given.
29
30 The Commission discussed their desire to reduce the impacts of the septic systems in
31 the wooded areas.
32
33 The Commission generally agreed that using a shared drive through the south wooded
34 area and widening of the conservation corridor was good.
35
36 Motion by R. Reid, seconded by V. Reid, to recommend approval of the Concept
37 Plan for a Conservation Design Subdivision with changes, and the Council to
38 undertake the issue of density. Motion carried unanimously. (Absent: Martin)
39
40 Public Hearing — Text Amendment to Chapter 8 of the Medina City Code to
41 modify and add Street Setback regulations.
42
43 Cooney presented the staff report.
44
45 R. Reid commented that the language pertaining to the 50 foot setback shall be
46 present tense.
6
1 Anderson asked if the City should look at reclassifying Hamel Road west of Pinto
2 Drive since it is 30 mph in that area. Finke explained Hamel Road is a County Road
3 and Planning and Zoning doesn't get involved in speed limits, but we can classify the
4 road for setback purposes.
5
6 Williams recommended the language on the last page under Subd 3.d. states "public
7 or private streets shall be as follows, based on the classification of the street" since
8 the recommended language was unclear.
9
10 Public Hearing opened at 10:10 p.m.
11
12 Public Hearing closed at 10:11 p.m.
13
14 Motion by Williams, seconded by Anderson, to recommend approval of the
15 proposed ordinance amendment with the changes recommended on the record.
16 Motion carried unanimously. (Absent: Martin)
17
18 7. Election of the 2012 Planning Commission Chair
19
20 Williams nominated Charles Nolan as Chair.
21
22 Charles Nolan was chosen as Chair by unanimous consent of the Commission.
23
24 8. Election of the 2012 Planning Commission Vice Chair
25
26 Anderson nominated Robin Reid as the Vice Chair.
27
28 Robin Reid was chosen as Vice Chair by unanimous consent of the Commission.
29
30 9. City Council Meeting Schedule
31
32 John Anderson agreed to attend the January 17 meeting.
33
34 10. Adjourn
35
36 Motion by Williams, seconded by V. Reid, to adjourn at 10:14 p.m. Motion carried
37 unanimously. (Absent: Anderson)
7
CITY OF MEDINA PLANNING COMMISSION
DRAFT Special Meeting Minutes
Monday, February 6, 2012
1. Call to Order: A Special Meeting of the Planning Commission was held from 5:00
p.m. to 7:00 p.m. at 1300 Baker Park Road, Medina, MN. A quorum of the Planning
Commission was not present at 5:00 p.m. and the meeting was not called to order.
Present: Planning Commissioners Victoria Reid (arrived at 5:15 p.m., left at 6:00
p.m.), John Anderson (arrived at 6:30 p.m., left at 6:50 p.m.)
Absent: Planning Commissioners Charles Nolan, Kent Williams, Robin Reid, and
Kathleen Martin
Also Present: City Council member Melissa Martinson (arrived at 5:10 p.m., left at
6:10 p.m.) City Planner Dusty Finke, City Administrator Scott Johnson
2. Demonstration of Electronic Message Center Sign Technology
Representatives from Daktronics and Holiday Gas Stations demonstrated an Electronic
Message Center which the company is installing at Holiday locations in the Twin
Cities area. Planning Commissioners and staff asked questions related to brightness
and other operational issues and witnessed the sign being set to various levels of
brightness
3. Adjourn
Those present left at 7:00 p.m. without a quorum being established or the meeting being
called to order.
1
Agenda Item: 7
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: February 9, 2012
MEETING: February 14, 2012 Planning Commission
SUBJ: Lennar (US Home Corporation) — PUD Concept Plan — Enclave at Brockton
116 -single family homes — West of Brockton Ln, south of Hamel Legion Park
Review Deadline
Complete Application Received: January 18, 2012
Review Deadline: May 17, 2012 (120 -day)
Summary of Request
Lennar has requested approval of a PUD Concept Plan for a residential subdivision on nine lots
located west of Brockton Lane and south of Hamel Legion Park. The applicant proposes to
develop the 48.4 acres into 116 single-family residential lots which would be integrated into The
Enclave residential development approved in 2011.
The northern two parcels (10 gross acres, 9.7 net acres) are guided Medium Density Residential
and require a net density of 3.5-6.99 units/acre. The remaining seven parcels (38.4 gross acres,
35.5 net acres) are guided Low Density Residential and require a net density of 2.0-3.49
units/acre.
The current request is for a PUD Concept Plan Review. A PUD is a three -step process:
1) Concept Plan; 2) General Plan/Preliminary Plat; and 3) Final Plan/Final Plat. A PUD Concept
Plan is more formal than other concept plans reviewed by the City, and requires that the City
Council approve (or approve with conditions) or deny the request.
The applicant has requested a PUD (rather than a preliminary plat following standard zoning
regulations) primarily because they seek to "blend" the required density of the two distinct land
use classifications of the properties (Medium Density and Low Density) in order to create only
single-family lots. Looking at each of the land uses individually, the Comprehensive Plan would
require 3.5 units/acre on the northern 10 acres and 2.0 units/acre on the remaining 40 acres. The
proposal does not meet the required 3.5 units/acre on the northern 10 acres of the site, but does
provide the minimum amount of units required by the City's land use plan by increasing the
density in the south portion of the site. The primary policy question at hand is whether this type
of arrangement is consistent with the City's Comprehensive Plan and if it is consistent with the
objectives of the purposes and intent of the PUD ordinance.
Applying the City's standard zoning regulations, the southern seven parcels would be zoned R-1,
which requires a minimum 11,000 sq. ft. lot with a 90 -ft lot width. The northern two parcels
could be zoned R-2 or R-3. The R-2 district allows single-family or two-family homes with a
minimum 8,000 sq. ft. lot with a 60 -ft width (for single-family). The R-3 district would allow
townhome or multi -family development.
Lennar Page 1 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
The existing properties are developed with large -lot residential, with the exception of the
northwestern parcel, which is vacant. Vegetation is predominantly turf grass, although there are
small tilled areas on two of the parcels. It appears that there are three wetland basins on the
properties, the largest of which is located on the southwest corner of the site. Surrounding land
uses include Hamel Legion Park immediately to the north, rural residential properties to the
south, the Enclave development site to the west, and rural property in the City of Plymouth to the
east (which is planned for future residential development).
An aerial of the subject properties can be found below:
Purpose of PUD Regulations
According to Section 827.25. of the City Code: "PUD...provisions are established to provide
comprehensive procedures and standards designed to allow greater flexibility in the development
of neighborhoods and/or nonresidential areas by incorporating design modifications....or a
mixture of uses... The PUD process, by allowing deviation from the strict provisions of this
Code related to setbacks, lot area, width and depth, yards, etc., is intended to encourage:
Subd. 1. Innovations in development to the end that the growing demands for all styles of
economic expansion may be met by greater variety in type, design, and placement of
structures and by the conservation and more efficient use of land in such developments.
Lennar Page 2 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
Subd. 2. Higher standards of site and building design through the use of trained and
experienced land planners, architects, landscape architects and engineers.
Subd. 3. More convenience in location and design of development and service facilities.
Subd. 4. The preservation and enhancement of desirable site characteristics such as natural
topography and geologic features and the prevention of soil erosion.
Subd. 5. A creative use of land and related physical development which allows a phased
and orderly development and use pattern.
Subd. 6. An efficient use of land resulting in smaller networks of utilities and streets
thereby lower development costs and public investments.
Subd. 7. A development pattern in harmony with the objectives of the Medina
Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and
zoning principles.)
Subd. 8. A more desirable and creative environment than might be possible through the
strict application on zoning and subdivision regulations of the City."
Comprehensive Plan
As mentioned previously, the two northern parcels are guided Medium Density Residential and
the remaining parcels are guided Low Density Residential. The Comprehensive Plan defines
these uses as follows:
Low Density Residential (LDR) identifies residential land uses developed between 2.0
units per acre and 3.49 units per acre which are served or are intended to be served by urban
services. The primary use in this area is single-family residential development. The areas
designated for low density residential uses are located near to existing low density
residential uses, natural resources and provide a transition between higher density residential
districts and the permanent rural areas of the community.
Medium Density Residential (MDR) identifies residential land uses developed between 3.5
units per acre and 6.99 units per acre that are served, or are intended to be served, by urban
services. The primary uses in this designation will be a mix of housing such as single family
residential, twin homes, town homes, and row homes. This designation provides a transition
area between the commercial and retail uses along the TH 55 corridor and the single-family
uses.
The density calculations can be found in the applicant's narrative. As proposed, the MDR
parcels would have a net density of 2.36 units/acre. This portion of the site would not fall within
the required density range of the Comp Plan standing on its own. The applicant proposes to
provide the minimum number of units which would be required if each portion of the property
were developed with the required density, but in order to do so, they are proposing narrower lots
than would generally be required in LDR development.
The Comprehensive Plan establishes 21 objectives for Residential Uses served by urban services.
The following are the objectives staff found most relevant, and the entire list can be found on
pages 14 and 15 of Chapter 5.
Consider exceptions to or modifications of density restrictions for developments
that protect the natural features or exceed other standards of the zoning district.
Lennar Page 3 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
Allow for a variety of housing types with a range of economic affordability in the
urban residential areas.
Encourage a controlled mix of densities, housing types, age groups, economic
levels, lot sizes, and living styles that are of appropriate scale and consistent with
appropriate land use, market demands, and development standards.
Require standards for site improvements that ensure compatibility with adjacent
residential areas.
In urban residential zones with sanitary sewer service permit higher density in
PUD's in exchange for (1) reduced land coverage by buildings, (2) provision of
more multi -family units; and, (3) sensitive treatment of natural resources.
Staff is concerned that allowing this flexibility may result in a reduction of housing diversity by
allowing lower density single-family development within the Medium Density Residential land
use. Staff believes one opportunity to overcome this apparent inconsistency with the objectives
of the Comprehensive Plan would be for the developer to provide affordable housing, either
within this proposed project or by agreeing to set aside more of the townhome units on the
original Enclave development site as affordable. Since the PUD allows the developer to build
more single-family homes on the Brockton site and presumably increase the value of the site, the
developer may be able to reduce the costs of townhome units.
Proposed Site Layout
The applicant proposes to create 89 lots with a width of 75 feet and 27 lots with a width of 90'
feet on the south end of the development. The 75' wide lots are designed to meet the setback
requirements of the R2 zoning district and the 90' wide lots are designed to meet the setback
requirements of the R1 district. Following are the setbacks proposed by the applicant:
R1 Requirement
(90' lots)
R2 Requirement
(75' lots)
Front Yard Setback
25 feet
25 feet
Front Yard Setback (garage)
30 feet
30 feet
Side Yard Setback (combined)
25 feet (10 & 15)
15 feet (10 & 5)
Side Yard (corner)
25 feet
25 feet
Rear Yard Setback
30 feet
25 feet
Max. Hardcover
40%
50%
The PUD process allows the City to grant flexibility to the standard zoning and lot requirements,
provided the proposal is consistent with the Comprehensive Plan, meets relevant City objectives,
and is consistent with the purposes of the PUD ordinance.
Staff believes that minimum required side -yard setbacks can have a large impact on the
perception of density. In order to "make-up" for density on the north end of this project, the
applicant is proposing 75' -wide lots for most of the Low Density Residential property. These
homes will be 15 feet apart (10' setback from one lot line, 5' from the other). The R-1 zoning
Lennar Page 4 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
district, which is intended to meet the objectives of the LDR land use, requires 25 feet between
homes. For the sake of comparison, many of the homes in Cherry Hill are separated by 15 feet,
the homes in Bridgewater are separated by 20 feet, and the twinhomes in Medina Highlands are
separated by 25 feet.
If the City is supportive of a PUD in this case, it is not necessary for the required setbacks or lot
width requirements to match a standard zoning district. Staff does not recommend approving a
PUD which allows homes with 15 foot combined side yard setbacks (10' on one side, 5' on the
other) within the Low Density Residential land use. If it is determined to serve the purposes of
the PUD ordinance, the Planning Commission and City Council may wish to consider 10' side
setbacks similar to Bridgewater.
The proposed lot arrangement along Brockton Lane will reduce the perception of a "wall of
homes" because of the varying way they are oriented towards the street. Staff recommends that
the City require the applicant to "ghost plat" the large lot which is proposed to maintain the
existing home (#33) and to show a road connection to serve these lots if this property were to be
further subdivided in the future.
Wetlands and Floodplains
It appears that there are three wetland basins on the properties, the largest of which is located on
the southwest corner of the site. Wetlands will be required to be delineated prior to Preliminary
Plat. The site plan identifies impacts to all three of the wetland basins: 1) approximately 650
square feet adjacent to the road in the northwest corner of the site; 2) 14,600 square feet of
impacts for the road and the building pad for lots 35 and 36 in the southwest corner of the site;
and 3) completely filling the wetland (approximately 7,000 square feet) in the area of proposed
lot 110. Staff recommends that wetland impacts be reduced, especially those related to the
creation or expansion of lots.
FEMA identifies a floodplain adjacent to the large wetland in the southwest corner of the site.
The floodplain location appears to extend into the area proposed to be developed, although a
base flood elevation has not been established. However, a lowest lot elevation of 1000.3 was
determined by FEMA on the Enclave site. The applicant does not propose to develop below this
elevation, so there will likely not be impacts, but staff recommends that the applicant obtain
necessary map amendments to clarify the floodplain location prior to Preliminary Plat.
Streets
The applicant proposes 28 -foot wide streets within the subdivision with a right-of-way width of
50 -feet. This is consistent with The Enclave and The Fields of Medina.
The applicant proposes a westerly street connection to The Enclave development in the north
portion of the subject site. This is proposed to replace the extension of Navajo Road in the south
portion of the Enclave site. The Planning Commission and City Council should discuss if
shifting this street connection is acceptable. The new alignment would reduce tree impacts and
result in a shorter road segment. In order to connect to the road in the existing Enclave project,
the applicant proposes to replace one of the lots with a street connection and to relocate this lot to
Lennar Page 5 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
the south end of the development. This lot would encroach within the conservation area which is
to be deeded to the City and is not planned for residential development. This would likely
require a Comprehensive Plan Amendment, so staff recommends that the relocated lot be located
in a way which will not encroach into the conservation area.
The applicant does not propose improvements to Brockton Lane. The City Engineer
recommends that the applicant prepare a traffic study to confirm that no improvements are
necessary along Brockton from Hamel Road to Medina Road.
Sewer/Water
The applicant proposes to extend sewer and water mains from the Enclave project to serve this
site. The City Engineer has provided a number of comments related to the proposed utility plan
to be addressed on submission of a preliminary plat including: 1) increase watermain size for
main loop to 12" as shown in the Comprehensive Plan; 2) connect watermain to the existing
system in Hamel Legion Park; 3) work with Public Works Superintendent to identify potential
location for future municipal well.
City ordinances do not allow water from the municipal system to be used for lawn irrigation
systems. Staff recommends that plans that accompany the preliminary plat include provisions
for irrigation.
Stormwater/LID Review
Because this is a concept plan, the applicant has not submitted drainage calculations. The plan
identifies conceptual stormwater pond locations, but does not identify improvements which
would meet the City's volume control requirements. The Preliminary Plat/General Plan
submittal should include calculations to show that proposed improvements are consistent with
the City's Surface Water Management Plan and Stormwater Management ordinance and meets
volume control and rate control standards.
Public Works and the City Engineer strongly recommend that the City require a separate pipe
system into which foundation draintiles can discharge.
The applicant proposes to mass -grade the site in order to raise street locations and to create
walkout lots, which will require the removal of most of the trees in the interior of the property.
These trees appear to be mostly planted tree -lines, although a couple of larger stands are located
in the southeast corner of the site. Staff recommends that the Preliminary Plat/General Plan
submittal include a tree preservation plan consistent with City code and that trees be preserved to
the greatest extent practical, especially along the perimeter of the site where they can supplement
buffering.
Buffer Yards and Landscaping
The concept plan submittal did not include substantial information related to landscaping.
Standard City ordinances would require two trees per single-family lot and would require
bufferyards with a 0.3 opacity along the southern and eastern perimeter of the development site.
Lennar Page 6 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
Staff recommends that a bufferyard also be required along the northern perimeter of the site
adjacent to Hamel Legion Park with an opacity of 0.3.
Park Dedication
The applicant proposes an off -road trail connection along the northeast of the site from Hamel
Legion Park to the northern entrance of the development, a trail connection from the south end of
the development through the conservation area to connect to the sidewalk in the Enclave, and a
trail connection to the wooded trail proposed in the Enclave conservation area. The applicant
does not propose additional park improvements.
The proposed site is adjacent to Hamel Legion Park and approximately 1/4 mile from Hunter
Lions Park. Staff does not believe additional park property should be dedicated.
The City's Trail Plan identifies a Moderately -High priority trail along Brockton Lane,
connecting Hamel Legion Park to Medina Road. However, the plan states: "this trail will need
to be coordinated through Plymouth because it will be located on their east side of the road and
used to serve Plymouth's planned high density neighborhoods just east of Hamel Legion Park."
The proposed trail would create the ability to cross the trail connection from the east side of
Brockton to Hamel Legion Park at an intersection. The Park Commission and City Council will
discuss if further trail connections should be required.
Pedestrian Circulation
The applicant proposes a sidewalk on one side of the interior streets for pedestrian circulation.
This sidewalk is proposed to connect to the sidewalk in the Enclave development.
Obsolete References in PUD Ordinance
During review of this application staff noted a couple of requirements of the PUD ordinance
which appear to be obsolete in the context of new zoning codes created by the City. The most
important clause states that "No building with the project shall be nearer to another building,
than one-half (1/2) the sum of the building heights of the two (2) buildings." This limitation was
meant to limit the flexibility which could be granted through a PUD. However, with recent
ordinances decreasing the lot size and setbacks requirement, this limitation is actually more
restrictive than the standard requirement in the R2 zoning district (where homes are permitted to
be 32 feet in height and could be separated by 10 or 15 feet).
The other reference states that a residential PUD should follow the normal standards of the AG,
RR, RR -1, RR -2, SR, and UR zoning districts unless excepted during the PUD process. The new
zoning districts created by the City should be added to the list.
Staff intends to prepare a brief ordinance amendment to fix these inconsistencies before the
application returns for General Plan of Development.
Lennar Page 7 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
Review Criteria/City Discretion
The City has a great deal of discretion in reviewing a PUD. The decision requires rezoning to a
PUD district, a legislative act with the greatest level of discretion. According to Section 827.27
of the City Code "If the [City] determines....that the project does conform with the overall intent
and purpose of this Section, it may approve a PUD, although it shall not be required to do so."
In order to approve of the PUD, the City should determine that it is consistent with the
Comprehensive Plan and other relevant policies (even if it is not consistent with some specific
standards of the zoning code). The City should also determine that the PUD process is
accomplishing one or more of the purposes referenced on pages 2-3.
Staff Recommendation
Staff recommends that the Planning Commission begin by discussing the primary policy
question: "blending" the density so that the minimum density is not met in the Medium Density
Residential portion of the site and making up the minimum number of units by decreasing the lot
size in the Low Density Residential portion of the site.
If the Commission does not believe that the results of the proposal (including the "blended"
density, any additional affordable housing units the applicant will provide, and other factors) are
consistent with the objectives of the Comprehensive Plan and the purposes of the PUD
ordinance, staff believes this provides the findings for denial of the PUD Concept Plan.
If the Commission agrees that this is consistent with the objectives of the Comprehensive Plan
and the purposes of the PUD ordinance, staff recommends approval of the PUD Concept Plan
with the following conditions:
1. Except as modified herein, the proposed lots shall be consistent with the standards of the
R-2 zoning district.
2. No two-family dwellings shall be permitted within the Low Density Residential land use.
3. Proposed lots within the Low Density Residential land use shall require minimum side
yard setbacks of 10 feet.
4. The applicant shall provide affordable housing units either within the PUD or within The
Enclave at Medina development site.
5. The General Plan of Development/Preliminary Plat shall include a "ghost plat" of
proposed lot 33 to show how further subdivision of this parcel may be accommodated
and a road connection from the end of the cul-de-sac to the road to the north.
6. The General Plan of Development/Preliminary Plat shall reduce wetland impacts,
especially related to the creation of lots.
7. The applicant shall obtain necessary floodplain map amendments in order to verify that
no development will occur within a floodplain and that no impacts will occur.
8. No residential development shall be permitted within the Conservation Area of The
Enclave at Medina development site, so the lot proposed to be relocated to this location
shall be moved or removed.
9. The applicant shall provide a traffic study along with the General Plan of Development/
Preliminary Plat which analyzes the need for improvements to Brockton Lane from
Hamel Road to Medina Road. This study shall include planned development in the area,
including in the City of Plymouth in order to determine if any improvements are
necessary adjacent for the development entrance road intersections.
Lennar Page 8 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
10. All comments of the City Engineer and Fire Marshal shall be addressed at the time of
General Plan of Development/Preliminary Plat application.
11. The General Plan of Development/Preliminary Plat application shall include a tree
preservation plan which includes replacement as required by the Tree Preservation
ordinance. Trees on the site shall be preserved to the greatest extent practical, especially
along the perimeter of the site where they can supplement buffering.
12. Landscaping and bufferyards shall be reviewed at the time of General Plan of
Development/Preliminary Plat application and shall, at a minimum, meet City ordinance
standards.
13. The applicant shall construct the southern trail connection to The Enclave development
site and the northern trial connection to Hamel Legion Park.
14. The applicant shall obtain approval vacation of rights -of -way and easements on the
underlying property and shall meet the requirements of the City Attorney related to title
issues.
15. The applicant shall submit an application for approval of a General Plan of Development
within 180 days of approval of the PUD Concept Plan or the concept plan approval shall
be considered null and void.
16. The applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the concept plan and other relevant documents.
Attachments
1. City Engineer comments dated 1/25/2012
2. Fire Marshal comments dated 1/16/2012
3. Narrative from Applicant
4. Plans received by the City 1/6/2012
Lennar Page 9 of 9 February 14, 2012
Enclave at Brockton — PUD Concept Plan Planning Commission Meeting
ATTACHMENT 1 - City Engineer comments
WSB
SB
Associates. Engineering • Planning • Environmental • Construction
January 25, 2012
Mr. Dusty Finke
Planner
City of Medina
2052 County Road 24
Medina, MN 55340-9790
Re: City Project: Brockton Lane Properties, L-12-078
WSB Project No. 02065-060
Dear Dusty:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
We have reviewed the Brockton Lane Properties PUD Concept Plan dated January 6, 2012. We
have the following comments regarding engineering matters:
1. If this project moves forward a wetland delineation should be submitted for review and
approval. A wetland mitigation plan should also be submitted if the impacts to the
wetlands require mitigation.
2. Future plans should show the proposed construction phasing.
3. The City does not allow irrigation from the municipal water system. Plans should include
proposed alternative irrigation systems.
4. The City is considering a new municipal well in this area. Currently the City has
developed a well field in the Hamel Legion Park north of this site. The applicant should
discuss with the public works superintendent the possibility of locating a municipal well
on the Brockton Lane Properties site.
5. The City's 2010 — 2030 Comprehensive Plan identifies a 12" water main between Hunter
Drive and Brockton Lane. The plans should be revised to change the southerly water
main from 8" to 12". The 12" water main should be stubbed to the south lot line of Lot 45
for future extension to the south. The 12" water main should be extended northerly and
connect with the existing city water main north of the existing pump house in the Hamel
Legion Park.
6. Drainage calculations and a drainage area map should be submitted with future plans.
The applicant should plan on meeting the City's minimum storm water requirements that
include rate control and volume control (infiltrating the first 1" of rainfall). The proposed
drainage system should include innovative BMP's to the extent possible. The grading
plan should provide at least 2 -feet of freeboard between the lowest exposed opening and
the associated emergency overflow (EOF) for both storm sewer systems and pond
HWL's.
Minneapolis • St. Cloud
Equal Opportunity Employer
Brockton Lane Properties
January 25, 2012
Page 2
7. The sanitary sewer entering the east side of the sanitary manhole located between Lot 104
and Lot 80 is at a relatively steep grade. Final plans should consider installing an outside
drop in this location.
8. The proposed basement elevation on Lot 35 appears to be too low to be served by gravity
from the proposed sanitary sewer. The sewer or proposed basement elevation should be
revised to allow a gravity service.
9. The City should consider whether the proposed subdivision will require any
improvements to Brockton Lane and, if so, how those improvements are financed. The
applicant should complete a traffic study to help identify any necessary street
improvements.
10. The city will require a gravity footing drain system to allow for collection of sump
discharges. This system will be installed adjacent to the proposed sanitary sewer system
at a similar depth.
11. Adequate Brockton Lane right-of-way should be dedicated as part of this plat where
necessary.
12. The City should review these plans with the City of Plymouth to coordinate street and
utility improvements and discuss any possible shared services.
Sincerely,
WSB & Associates, Inc.
Tom Kellog
METRO WEST INSPECTION
ATTACHMENT 2 - Fire Marshal comments
Loren Kohnen, Pres.
January 16, 2012
TO: Debra Peterson
FROM: Loren Kohnen ;'�
RE:
116 Housing UWits
West Side of Brockton Lane
South of Hamel/Medina Park
PUD CONCEPT PLAN
(763) 479-1720
FAX (763) 479-3090
Mtrowst76@aol.com
I have received the Concept Plans. Concerns and code requirements:
1) There are areas the hydrant spacing is not being met.
2) Narrow street widths. Parking is going to be allowed only
on one side, but for some reason if this would not be followed
and cars did get parked on both sides, emergency vehicles could
not pass through. There is very limitedparking on the street
and at certain times people may have to park a block away.
3) Where are the mailboxes to be located? If they are at each lot,
this would cut down street parking by about one half.
4) The cul-de-sac shown does not meet code. Ninty-six ft. (96')
minimum is required.
5) In this area there is a very high water table, 12" to 18" below
the surface in Spring. The foundation and basement should drain
to a separate system.similar to Medina Morningside. This would
take care of problems and expense that the City may have in the
future with the water entering the sanitary sewer system.. We
have to remember these lotsare narrow with homes not to far
apart.
LK:3g
Box 248, Loretto, Minnesota 55357
ATTACHMENT 3 - Applicant Narrative
The Enclave at Brockton
City of Medina
Introduction
U.S. Home Corporation, d/b/a Lennar is excited for the opportunity to expand our land
holdings within the City of Medina. Our proposal includes 116 homes that will integrate with
the Enclave community to provide the City of Medina a cohesive neighborhood that offers
wide variety of housing opportunities that the City of Medina will be proud of.
Property Description
Located to the West of Brockton Lane, adjacent to the South end of Hamel Park the site
consists of nine parcels varying in size to a total of approximately 50 acres. The property
generally consists of land suitable for residential development with easy access to Brockton
Lane. Evidence of small wetlands exist on the Western boundary as well as a large complex in
the South West corner of the site.
• Surrounding Land Uses and zoning within 1000 feet
The areas immediately surrounding the site are made up predominately single family
detached housing with varying densities. The Enclave is immediately to the West.
Immediately to the South is Rural residential land that is not currently included within
the City of Medina's 2030 MUSA boundary. City Park is immediately to the North. To
the East, Brockton Lane serves as the boarder between the City of Medina and the City
of Plymouth.
Lot Description and Product Information
The existing Enclave has 152 homes broken down as; 55 small lot (65' wide) single family, 16
(75' wide) single family, 41 row style townhomes, and 40 larger lot (90' wide single family)
homesites. The Enclave at Brockton is designed to fulfill the void in 75' wide lots that hits a
target market for medium priced single family detached homes. The Wayzata school district
continues to be of significant interest for consumers looking for newly constructed housing.
We feel the market in Medina is strong enough to support marketing efforts for multiple
housing types serving a variety of (price points) and consumers. The site plan for the Enclave
at Brockton consists of 75' wide homesites that transition to 90' wide at the South property
line.
1
City Standards
• Land Use Guide Plan designation and Zoning Classification
The Land Use guide plan identifies the area for two uses. Approximately ten acres
immediately adjacent to the City park are identified for Medium Density Residential at
3.5 - 6.99 units per acre. The remainder is identified for Low Density Residential at 2.0
- 3.49 units per acre. We are proposing to use the PUD process designed to allow
flexibility to accomplish density blending over the entire site. Based on the existing
land use designations there would need to be a minimum of 35 units on the Northern
most 10 acres and 77 units across the remainder. The following table demonstrates this
on a gross acre basis. Please refer to the 'Land Use Plan' sheet for detail on net
densities.
Parcels
Gross Acres
Net Acres
Minimum
Density
Minimum
Units
Proposed
Units
Proposed
Density
Medium Density Residential
Herwig
5.11
4.84
3.5
16.92
13
2.69
Mattson
4.89
4.89
3.5
17.12
10
2.04
MDR Total
10
9.73
34.04
23
2.36
Low Density Residential
Johnson
5.07
4.60
2
9.20
13
2.83
Leuer
5.08
5.07
2
10.14
12
2.37
Jurmu
4.48
4.48
2
8.96
10
2.23
Etzel
5.06
5.06
2
10.12
16
3.16
Oare
5
4.74
2
9.47
10
2.11
Zahhos
4.97
4.56
2
9.11
16
3.51
Echtenkamp
6.86
5.01
2
10.03
12
2.39
Navajo Road
1.88
1.54
2
3.09
4
2.59
LDR Total
38.4
35.06
70.13
93
2.65
Total
48.40
44.79
104.17
116
2.59
We are proposing 50' rights of way to match the existing Enclave neighborhood. The
50' rights of way allows for lower impervious surface and less stormwater runoff,
reducing the environmental impacts of development.
2
Homeowners Association(s)
The intent is for this to be included in the Enclave Master HOA. Flexibility was allowed in the
creation of the original Enclave association allowing for the expansion to include additionally
areas. The Master Homeowners Association was established to maintain commonly owned
elements of the neighborhood.
Neighborhood Meetings
Existing residents surrounding the Enclave at Brockton property are very important to the
success of the Community. As of the date of this application a neighborhood meeting has not
been held. It is our intent to do so after receiving feedback from the City of Medina.
Summary
Lennar has a long history of building successful Communities throughout the Metro area. We
are very excited for the opportunity that lends itself through the careful development of this
fantastic property and ask for your support.
Project Team
Developer: U.S. Home Corporation
Builder: Lennar Corporation
Primary Contact: Joe Jablonski
Planner/Engineer/Surveyor: Sathre-Bergquist, Inc.
Wetland Specialist: TBD
Landscape Architect: TBD
Legal Council: Leonard Street and Deinard, PA
Association Manager: Community Development, Inc.
Project summary (US Home/Lennar)
Total Homesites — 116
Total area = 48.4 Acres (Gross)
Total Area = 44.8 (Net)
Net Density = 2.59 DU/Acre
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SATHRE-BERGQUIST INC.
150 S. Broadway Ave.
Wayza ta , MN 55391
Attn: Nate Herman - Engineer
Attn: David Pemberton - Lend Surv eyo r
T-952-476-6000
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EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE
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I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY
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THE LAWS OF THE ST ATE OF MINNESOTA
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75 NORMj i
7s 7s M+ Medium Density Residential (3.5-6.99 U/A)
'\ 1
,
7s '�� ! 7s
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1 7s
Gross 9.94 ac
75
------ _____ ___{
75
'
0
Wetland Buffer
(+ /-804 sf)
'
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('/-13,063
;
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r(323s+ao96)
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Net 9. 67 ac
Guided: 33-67 Units
Number of Units: 23 SF
Net Density: 23/9. 67 = 2. 37 Un its/Acre
Low D ensity Residential (2.0-3.49 U/A)
\ �`v' 75 ,1 1i 75 75 ' ``` `�
_ , ', �/ 75
`, ----{ '1.-------- - '\ /
Gross 38.49 ac
Wetland 1.85 ac
Wetland Buffer 1.08 ac
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PI 13119-2311-0
® 50 ac (217,793
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11
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________ i __ O B B J JI{rmu
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Guided: 71-124 Units
Number of Units: 93 SF
Si =
Net Density: 93/35.56 2.62 Units/Acre
I
t-- Sv8uano Buffer
1 (106,484-73,148) it
\ (+1-33,336 sf)i
75 i 1 `, • PID 13-118-231g-0005
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6.66 ac (2991006
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1 1 '
sf) 1 1 '1
Guided: -191 Units
Proposed:116 Units
Overall Net Area: 45.23 ac
Overall Net Density: 2 .56 Units/Acre
F.%
W
ayR
, SATHRE-BERGQUIST, INC .
CNERS
150 SOUTH BROADWAY WAYZAT A, MN. 55391 (952) 476-6000
5401-646 BRO CKTON LANE/DWG/BASE_BROCKTON_ENCLA VE OVERALL-2.DWG ' BROCKTON LANE PROPERTIES -LAND USE - LENNAR
1 in ch = 200 fee t
5
1000000 LONG 00000 0003
•
LENNAR CORPO RATION
16305 36th Av e N
Suite 600
Plymouth, M innesota 55391
Land Development Manager:
Joe Jablonski: 952-249-3014
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EXISTING UTILITIES SHOWN ARE SHO WN IN AN APPROXIMATE WAY O NLY. THE
CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL EXISTING
UTILITIES BEFORE CO MMENCING WORK. HE A GREES TO BE FULLY RESPONSIBLE FOR ANY
AND ALL DAM AGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY
AND ALL EXISTING UTILITIES.
s 1012
•
Lot 21
60 30 0 30 60 120
SCALE IN FEET
HAMEL LEGION PARK SECOND ADDITION
\Lot 108
10,539 Sa.l`
\
1010 \
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tm & \ 1 �1 11�]�� , I Il ,Ga t i! • IL93 .1� �
I HEREBY CE RTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISI ON AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER
THE LAWS OF THE STATE OF MINNESOTA .
O.4. .174--( DATE CV / O4/ / 7-
1
REG. NO 7.PL-/7.8
REVISIONS I BYE
Per C ity Meeerq
RSM
01-0512
J
150 SOUTH BRO ADWAY W AYZATA, MN. 55391 (952) 476-6000
DRAWN 1
R.S .M .
CHECKED
N.R.H .
DATE
01-02-11
SCALE
AS SHOWN
JOB NO .
6401-646
FILE:
BA SE_BRO CKTON_EN CL AVE OVER ALL, DWG
SHEET
UP/GP 1
OF SHEETS
0 0
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11,023 Sq Ft
Lot 103 Lot 102 Lot 101
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•
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1M75 Sq Ft \\
Lo t 32
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Lot 23
0,405 Sq F
1010
Lot 24 1
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1 Lot 30
113,260 Sq Ft
\ Lot 29
\14, 885 Sq Ft
•
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Sto rmwater
Treatment 10098
NWL-1002.5
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13,760 Sq Ft
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Lot 37
14,257 Sq Ft
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60 30 0 30 60
tot 108
10,539 SgFt
\
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,773 Sq Ft
Lot 39
1 7407 Sq Ft
1008
120
SCALE IN FEET
_ Lot 99
\ 13,525 Sq Ft
x mn
10100
BF 100,0
- -roar
9,384 Sq Ft
1010
101
9,7077 Sq Ft
Lot404,
15,986 Sq Ft
•
tot 96
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•
Lot 55
11,401 S4P1
Lot 50
12,764 Sq Ft
Lot 57
10,321 Sq Ft
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\ HWL-1068
\ Lot 65
\ 11,340 Sq Ft
\
Lot 47
13,191 Sq
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Lot 89
Lot •1
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1008
Lot 91
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Lo t 93 11/
10,424 Sgxt
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N ORTH
7,,.+997. 72
EXISTING UTILITIES SHO WN ARE SHOWN IN AN APPROXIMA TE WAY O NLY. THE
CONTRACTOR SHALL DETERM INE THE EXACT LOCATION OF ANY AND ALL EXISTING
UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPO NSIBLE FOR ANY
AND ALL DAM AGES ARISING O UT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY
AND ALL EX ISTING UTILIT IES .
L o143
J 18,588 Sq Ft
x 1010
% 1012
L ot 42
16,174 Sq Fl
I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSION AL EN GINEER UNDER
THE LAWS OF THE STATE OF MINNESOTA
DATE Of/ O4,I�-
RE G N OL'/1-8
REVISIONS B
Per City M«nr 9
8584
01-05-12
150 SOUTH BRO ADWAY WAYZ ATA, MN. 55391 (952) 476-6000
1•
BROCKTON LANE PROPERTIES
MEDINA, MINNESOTA
z
z
w
-J
DRAWN
R .S .M.
CHECKED
N.R.H.
DATE
01-02-11
SCALE
AS SHOWN
J OB NO.
5401-646
FILE
SHEET
UP/GP 2
,1/4.IOF
SHEET
MH
TC-1016
I-INV-993
� BLD-23
' i i-,C10
�i
5401-646 BRO CKTO N LANE/DWG/BASE_BROCKTON ENCLAVE OVERALL-2. DWG
— 1 in ch = 50 te at
Wetland Impact
+1- 5,700 SF
POTENTIAL WETLAND IMPACT AREAS -
650 sf + 5,700 sf +8,850 sf = 15,200 sf
BROCKTON LANE PROPERTIES - CONCEPT PLAN - LENNAR
NORTH
SATHRE-BERGQUIST, INC.
150 SO UT H BROADWAY WAYZATA, MN. 55391 (952) 476-6000
J anuary 26, 2012
-Q/),
9%P7
EXISTING U TILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE
CONTRACTOR SHALL DETERM INE THE EXACT LOCATION OF ANY AND ALL EXISTING
UTILITIES BEFORE COMM ENCING WO RK. HE AGR EES TO BE FULLY RESPO NSIBLE FOR ANY
AND ALL DAM AGES ARISING O UT OF HIS FAILURE TO EXA CTLY LO CATE AND PRESERVE ANY
AND ALL EXISTING UTILITIES.
I HE REBY CERTIFY THAT THIS PLAN OR SPECIFICATI ON WAS PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER
THE LAWS OF THE STATE OF MINNES OTA
REVISIONS I BY
P., City Meeting
RSM
01-0512
I
U
Z
F-
5
C�
0
W
m
W
I
F-
v!
0
w
p-
2
Z
2
a
0 0
0
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0
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m
0
BROCKTON LANE PROPERTIES
MEDINA, MINNESOTA
z
z
w
J
r DRAWN 1
R .S .M.
CHECKED
N.R.H .
DATE
01-02-11
S CALE
AS SHOWN
JOB NO.
5401-646
FILE:
BASE_BROCKT ON_ENCLAVEOVERA LL-2DWG
SHEET
EX
Cf SHEETS
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: February 9, 2012
MEETING: February 14, 2012 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 and December meetings and provided feedback to staff related to
a number of changes.
The Commission requested additional research on the following two subjects:
Maximum Wall Sign Size — "Sliding Scale" for larger building walls
The previous draft of the ordinance had limited wall signs to a maximum of 64 square
feet. Staff had suggested that this limitation was fairly restrictive, especially for large
building walls. The Commission had discussed the Office Max and Target signs on
Clydesdale Trail, and provided general feedback that the Office Max sign seemed too
large in the context of the wall to which it was attached, and that the Commission could
support a larger sign on the Target wall.
The existing Target wall signs (236 s.f.) are 2% of the area of the wall and the Office
Max sign (187 s.f.) is 8%. Staff has updated the ordinance to limit the total area of all
wall signs to 8% of the building wall for the first 1000 square feet and 4% thereafter.
The ordinance also limits any individual wall sign to 200 square feet, regardless of the
size of the wall.
Applying this regulation, the Office Max sign could have been no larger than 136 square
feet. The front Target wall would have been allowed 496 square feet of signage (a bit
over twice the amount of existing signage), but no individual sign could exceed 200
square feet. If the Commission believed this was too much signage on a large wall,
another threshold could be added. For example: 8% for the first 1000 s.f., 4% for the
next 4000 s.f., and 2% thereafter. In Target's case, this would allow 368 square feet of
signage.
Regulations related to "Electronic Message Centers" and Dynamic Signs
A representative from Holiday Gas Station addressed the Commission at the December
meeting and recommended a number of changes to the City's Dynamic Sign regulations.
Ordinance Amendment Page 1 of 4 February 14, 2012
Sign Ordinance Planning Commission Meeting
The Planning Commission seemed to support some of the proposed changes, but
expressed some concern related to the brightness and distraction caused by these signs.
The Commission directed staff to look into the issues and to report back. Staff arranged
for the sign maker to demonstrate one of these signs at Holiday Gas Station on February
6, and the Commissioners who attended can provide their feedback.
Brightness
In terms of brightness, the Holiday representative is suggesting language which has been
adopted by many cities in the Twin Cities area. Staff has amended the language slightly
to fit in the context of our ordinances, but could read as follows:
"The illumination from a Dynamic Sign shall not exceed 0.3 footcandles above the
ambient light level when measured at the closest of the following points: 100 feet
from the face of the sign, or the property line parallel with the sign face. In no case
shall the luminance from a Dynamic Display exceed 500 NITS between sunset and
sunrise and 5,000 NITS between sunrise and sunset. All signs with Dynamic Displays
shall be equipped with an automatic dimmer control that automatically controls the
brightness to comply with these requirements. In addition to these requirements, all
lighting on the property shall abide by maximum illumination requirements at
property line as described in Section 829."
During the demonstration at Holiday on February 6, the sign was set to abide by these
requirements. Staff measured the illumination at the property line and the Dynamic Display did
not add to the total amount of footcandles.
Maximum Size of Dynamic Displays
The current ordinance limits a Dynamic Display to 35% of the area of a sign. The representative
from Holiday requested that this regulation be changed to allow for an electronic message center
of 32 square feet, and that the gas price display not be counted against this amount. Staff
questions the rationale of limiting the size of a Dynamic Display by the size of the sign in which
it is located. If the Commission believes that it is important for a Dynamic Display to make up a
minority of a sign face, staff would recommend establishing a square footage maximum and also
limit the Dynamic Display to no more than 50% of the sign. Staff has integrated this language
into the ordinance on page 21.
For the sake of context, the current draft of the ordinance limits freestanding signs to 80 square
feet in area, so the 35% maximum would limit a Dynamic Display on the largest freestanding
sign to 28 square feet.
Staff believes that electronic displays that are only meant to display the gas prices are
significantly different from graphic displays which are meant to display greater amounts of
information. The following language could be added to the ordinance to exempt one of these
displays from the maximum area of Dynamic Displays on a sign:
"Notwithstanding the other limitations is clause (a), an additional alpha -numeric,
monochrome, Dynamic Display element may be included on a Sign face provided that
it can display no more than four characters and is no more than 16 square feet in
area."
Ordinance Amendment Page 2 of 4 February 14, 2012
Sign Ordinance Planning Commission Meeting
Minimum Letter Height
The representative from Holiday suggested that the City no longer regulate the minimum
letter height on Dynamic Displays. They argue that the City does not regulate letter
height on standard signs, and see no reason to do so on Dynamic Displays which are not
allowed to scroll or change more than once every five minutes.
Staff does question the minimum height of 12 inches along a road with a speed limit of
45-54 MPH and 15 inches along a road with a speed limit 55+MPH. Staff has suggested
language which will require a minimum height of 7 inches and 10 inches for roads
55+MPH. Staff has also recommended language requiring a maximum of 20 mm
between pixels on a display. These signs will appear clearer than signs where the pixels
have greater spacing.
Other Options:
• Remove height requirements
• Maintain minimum size of 7 inches or 9 inches, but remove the larger standards
for roadways with higher speed limits.
Additional Changes Requested by the Commission in December:
Maximum Height of Freestanding signs in CH, B, and CH -RR — increased to 20 feet
The Planning Commission directed staff to increase the maximum height of freestanding
signs in these districts to 20 feet.
The following table summarizes the size limitation of signs in the various districts:
CH,
CH -RR, B
CG, BP, IP
CN
UH-1, UH-2
Freestanding Signs
Max #
1 (or 2 if two
frontages)
1 (or 2 if two
frontages)
1 (or 2 if two
frontages)
1 (monument only)
Max Area
80 sq. ft.
64 sq. ft.
40 sq. ft.
40 sq. ft.
Max Height
20 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 first
1000 s.f. of wall;
4% thereafter
8% of first
1000 s.f. of wall;
4% thereafter
8% of wall
10% of wall
Max Area (indiv.)
200 sq. ft.
200 sq. ft.
64 sq. ft.
100 sq. ft.
# of walls w/ signs
No limit
# frontages
# frontages
# frontages
Ordinance Amendment
Sign Ordinance
Page 3 of 4
February 14, 2012
Planning Commission Meeting
Mylar and Metallic Balloons
The Commission had asked why these were prohibited in the ordinance. Staff conducted
research and found that these balloons (as opposed to latex or rubber) can cause serious
damage if they get loose and fly into a powerline or transformer.
Removed "Bonus" sign for Gas Stations in CG, BP, and IP districts
The Commission did not believe a second, taller sign was necessary in these districts for
gas stations. There are no Gas Stations currently in these zones.
Uptown Hamel signage - Reduced maximum wall sign area
The Commission directed staff to reduce the maximum allowed wall sign size in the
Uptown Hamel districts. Staff expressed concern related to one property which may be
made non -conforming by this change.
Temporary and Portable signs — reduced amount of time
The Commission directed staff to reduce the period of time that Temporary or Portable
signs may be posted on a parcel to six 14- day periods. These time periods would be
allowed to run consecutively. Staff also added new language related to "Attached
Temporary Signs"
Attachment
1. DRAFT Ordinance amending Section 815 of the City Code related to Signs
Ordinance Amendment Page 4 of 4 February 14, 2012
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 edbe of each street or access
drive as depicted below.
Ordinance No. ###
DATE
Subd. 4. "Directional Sign" is a sign which is erected for the purpose of guiding vehicles
and pedestrian traffic in finding locations on the property where the sign is located, such
as the shipping/receiving area and is intended to be viewed from the right-of-way. 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/rumma Ye 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
nei hborin 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
parkin° 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. The maximum Sign Area for a free standing
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. 17.1. "Temporary Sign, Attached" is a Temporary Sign which is either attached to
a building or is located within the dimensional extent of an existing Freestanding Sign as
displayed below:
} r'ai . LEASE j
........".....4
..,....,..„...„...........„.,,,,......_40,_._,......
SHOPPING
C ENTER
lina,,e_Custit_S'ity_Q Minn ionhn....MN.City_C(Wc
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 and not 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. Si i n Permit Required:
Exemptions; Ste} Prohibitions Prohibited Si
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:
Ordinance No. ### 4
DATE
(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;
(f) Flags. No flag on a flagpole shall exceed forty (10) square feet in area. No single
property shall fly more than three (-3) flags at one time. Flagpoles shall not
exceed forty (10) 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) Attached Temporary Signs posted consistent with Section 815.07 Subd. 3 below.
(j) Event Signs posted consistent with Section 815.07 Subd. 4 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 (-1-9) feet from the right-of-way; and shall be removed upon
completion of the construction site improvements and release of the financial guarantee.
Ordinance No. ### 5
DATE
No permit shall be required for these signs if posted consistent with the requirements of
this section.
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) 14 days at one time, Of
b— Permits per year. Sign permits for a Temporary or Portable Sign 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.
tO 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 ()
Temporary Sign per tenant shall be allowed at one time, but only one Portable Sign
shall be allowed on a property at one time.
Maximum size. Temporary and Portable Si ns shall not exceed 32 s uare feet in
Sign Area.
Setbacks. Temporary and Portable 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.
Illumination. Portable Signs may be illuminated, provided Freestanding Signs are
permitted to be illuminated in the zoning district in which the Portable Sign is
located and 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 are prohibited.
(g) Inflatable Signs shall be considered Temporary Signs, shall not exceed the hei ht of
the structure on the property, and 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. 3. Portable Signs. No Sign permit shall be issued by the city for a Portable Sign for
quarter of a calendar year.
Subd. 3. Attached Temporary Signs
(a) No permit required. Attached Temporary Si ms posted consistent with this section
shall not require a sign permit.
(b) Duration of postino. Attached Tem orar Signs shall only be posted during the
timeframe when the message is pertinent.
(c) Maximum size. No Attached Temporary Sign shall exceed 32 square feet in Si•n
Area.
(d) Location. Attached Temporary Suns shall be attached to a building or within the
dimensional extent of an existing Freestanding sign on the property as described in
Subd. 17.1 of Section 815.03 above.
Subd. 4. Event Signs.
(a) No permit re• uired. Event Si Ins posted consistent with this section ma be .osted
without obtaining a sign permit.
Ordinance No. ### 6
DATE
(b) Duration ofjosting_ 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 orpedestrian circulation.
(d) Maximum size. Event Signs shall not exceed four square feet in Sign 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 Event Sign per event shall be
posted at a single intersection and no Event Sign shall be identical to another 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 may be removed and disposed of at any time
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;
(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 steal -1 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
Ordinance No. ### 7
DATE
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 8 c > > Urban and Dural Cemmercia D strict Sig„s
integrated with the design and architecture of any buildings or structures on the property
in terms of materials, style, color and placement. If the c:gn is illuminated it shall moot
Subd. 2. Maximum Sign Area. The Signs on an Urban and Rural Commercial District
Property may consist of any of the types of Signs permitted by -this O ce the
Sign-s-shall-net-e*eeed-the-fellewing-tetal—S-itn-Afeai
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 may be increased by 25 percent in the case of buildings
which are constructed with four sided architecture, have e
which admit customers on two adjacent sides do not qualify for additional signage absent
additional unique site characteristics. Four sided architecture means architecture of the
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:
drive thru or that have loading or staging areas. Two (2) Directional Signs are
(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.
b
of the final grade in elevation around the perimeter of the bottom of the Sign to
Ordinance No. ### 8
DATE
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 back at
least twenty (20) feet from all lot lines of the property, with the exception that the
Monument Sign may be set back only ten (10) feet from the front lot line of 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)
inches away from the surface of a building face, wall or surface. All Projecting
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
Sign's height shall be calculated by averaging the m asurements 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 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 back only ten (10) feet
from the side lot lines. If the Pylon Sign includes a Dynamic Display, it 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
(64) 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 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, provided however, that such Signs shall not be internally
illuminated, shall not exceed six (6) square feet in Sign Area per surface and may
be placed at a zero (0) foot setback;
(fj Wall Signs. No Wall Sign shall exceed sixty four (61) square feet in total Sign
Ordinance No. ### 9
DATE
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 Hiahwav-
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 Si ms.
(l) Maximum number. One freestanding sign is permitted Der lot, exce lit a second
sign shall be permitted if the lot has frontage on more than one street. The
second freestanding sign may not be located along the same street frontage as
the first freestanding sign 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 freestanding sign shall exceed 80 square feet of Sign Area.
(3 Maximum height No freestanding sign shall exceed 20 feet in height.
(4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all
property lines and shall not encroach within a Clear Vision Triangle of an
intersection.
(5) Landscaping The Freestanding Sian 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 additional
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 Freestandinv Sian shall be allowed in
addition to all other permitted Signs, but a maximum of only 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 wall area to which they are attached provided the wall area does
not exceed 1000 square feet. When a wall exceeds 1000 square feet in area, the
total Si.n Area shall not exceed 80 square feet plus four percent of the wall area
in excess of 1000 square feet. Additionally, no individual Wall Sian shall
exceed 200 square feet of Sign Area. 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.
(2) Fro'ecting Si ms prohibited No Wall Sign shall extend more than 12 inches
from the surface of a building face, wall, or surface.
(c) Window Signs.
Ordinance No. ### 10
DATE
(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
S
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
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. The
second freestanding sign may not be located along the same street frontage as
the first freestanding sign.
(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.
(4) Setbacks. Freestanding Signs shall be set back a minimum of 10 feet from all
property lines and shall not encroach 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.
(6) 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.
(b) Wall Signs.
(1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight
percent of the wall area to which they are attached, provided the wall area does
not exceed 1000 square feet. When a wall exceeds 1000 square feet in area, the
total Sign Area shall not exceed 80 square feet plus four percent of the wall area
Ordinance No. ### 11
DATE
in excess of 1000 square feet. Additionally, no individual Wall Sign shall
exceed 200 square feet of Sign Area. 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.
(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.
(I) Maximum number. Only one Window Si 7n shall be ermitted alon 7 each
frontage of a 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 pro•ert .
(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 Si • ns shall not
be internally illuminated unless they are located along the frontage of a state highway.
Section 81_5.1.5.Commercial Neighborhood (CN) District Signs.
Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the
followin Sins ar ermitted in Commercial Neighborhood (CN) District. 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 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.
(3) Maximum height. No freestanding si • n 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 encroach within a Clear Vision Trian•le of an
intersection.
(5) Limitation on internal illumination. Freestanding Signs shall not be internal)
illuminated unless they are located along the frontage of a state highway.
Ordinance No. ### 12
DATE
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 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 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) 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 along each
frontage of a 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.Freestanding Signs shall not
be internally illuminated unless they are located along the frontage of a state highway.
Section 81 G 12 B„sincss Dark Distriet Sign
Subd. 1. Ceneral Provisions. In addition to the Signs allowed in Section 815.07, the
following Signs are permitted in Business Park Districts. A Sign permit is required for
each Sign. All Signs in Business Park Districts shall be integrated with the design and
architecture of any buildings or structures on the property in terms of materials, style,
color, and placement and the requirements set forth in Section 832 of the city's
set forth in Section 829 of the city's ordinances.
Ordinance No. ### 13
DATE
Subd. 2. Maximum Sign Area. 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 175 Square Feet
10.1 15 Acres 250 Square Feet
15.1 Acres 275 Square Feet
Business Park District:
(a) Directional Signs. Directional Signs shall be only permitted for properties that
utilize a shared private driveway or private road. Three (3) Directional Signs are
permitted for each 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 (4 m feet in height
of -the-final-gfade-in-e-levntiewareund4he-perimeteEetf-the-bettem-ef -the-Sign-to
the top of the Sign, with measurements in at least four (4) different places around
of the base of the Sign. The landscaping shall cover at least two (2) times the
total area of the Monument Sign b . Ana nt Sign shall be sot back at
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
ordinances;
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;
(e) Pylon Sign. No Pylon Sign shall exceed fifteen (15) feet in height. The Pylon
Sign's height shall be calculated by avera ng the me „ts fthe-fnal grade
,
with measurements in at least four different places around the Sign required. The
b
b
A Pylon Sign shall be set back at least twenty (20) feet from all lot lines of the
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 Pylon Sign includes a Dynamic Display, it shall
of the city's ordinances;
Ordinance No. ### 14
DATE
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 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, provided however, that such Signs shall not be internally
illuminated, shall not exceed six (6) square feet in Sign Area per surface and may
be placed at a zero (0) foot setback; and
(f Wall Signs. No Wall Sign shall exceed o
Area. The Wall Sign shall be centered on the wall to which it is attached.
Section 81 C 1 G T,,.1..strial Park District Signs
Subd. 1. Cencral 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 shall be integrated with the design and
architecture of any buildings or structures on the property in terms of materials, style,
color, and placement and the requirements set forth in Section 833 of the city's
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 Signs on an Industrial 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 175 Square Feet
10.1 15 Acres 250 Square Feet
15.1 Acres 275 Square Feet
Distr cts
s
(a) Directional Signs. Directional Signs shall only be permitted for properties that
road h-ree-(3)1-1i-rectional-Signs-are pert ted-€oreach perty. Thhe
Directional Signs shall be set back at least five (5) feet from the curb or right of
wayi-
(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)
Ordinance No. ### 15
DATE
times the 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 the exception
that the Monument Sign may be set back only ten (10) feet from the front lot line
of the 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
ordinances;
(c) Multi Tenant Wall Sign. A Multi Tenant Wall Sign shall not be larger than eight
(8) f th o f the . all which it is located or the square f et
spe ove, h' h le The shall be nto ed th all. nd
IIe ♦, �.
(d) Wall Sign. No Wall Sign shall exceed one hundred (100) square feet in total Sign
Area. The Wall Sign shall be centered on the wall t < hich it is attaehe.J.
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 zonin district.
Signs which are part of Residential development within the Mixed Use district shall meet the
requirements of Residential districts.
Section 81 C 1 7 TT + . .+ Hamel District Sign
Subd. 1. Ceneral Provisions. In addition to the Signs allowed in Section 815.07, the
for each Sign. All Signs in the Uptown Hamel Districtshall be integrated with the design
,
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 Signs on an Uptown Hamel District Property may
exceed the following total Sign Area:
16
Ordinance No. ###
DATE
Subd. 3. Permitted Signs. The following additional types of Signs are permitted in the
Uptown Hamel District:
(a) Porch Signs. No more than one (l) 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;
(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 area of the
is attached;
(d) Multi Tenant Wall Sign. A Multi Tenant Wall Sigh shall .not be greater than eight
(8) nt f the a of the L all 1 1,hie it is located the e f et
`Vl l.Jlil VVIIL VL LII� LL3VU V
specified -above, whichever -is -less:. The S ll-be centerecd-an -the-wc l;
(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;
(0 Projecting Signs. A Projecting Sign shall not extend any more than twelve (12)
surface, the Sign shall provide a height clearance underneath it of at least seven
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
shall be subject to the same restrictions as Temporary Signs.
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 hei rht. No Monument Si n 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 encroach within a Clear Vision Triangle of an
intersection.
(51 Limitation on internal illumination. Monument Signs shall not be internally
Ordinance No. ### 17
DATE
illuminated unless they are located along the frontage of a state highway.
External illumination shall conform with Section 829 of the City Code.
O Landscaping, The Monument Sign shall be landscaped around the .perimeter of
the base of the Sign. The landscaping shall cover at least two times the total
area of the Sign base.
(b) Wall Signs
(l Maximum size. The total Si n Area of Wall Sians 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) Clearance• Pro'ectina Signs rohibited. If the Wall Si >n 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 feet. No Wall Sian
shall extend any more than 12 inches back from the surface of a building face,
wall or surface.
(c) Window Signs.
(1 Maximum number. Onl one Window Si _n shall be permitted along each
frontage of a 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
Sian shall meet relevant requirements of this ordinance.
(d) Directional Signs.
(1) Directional Signs shall be only permitted for nroaerties utilizing a drive-thru or
that have loading or staging areas.
Maximum number. Two Directional Signs are .ermitted for each property.
(3) Location. The Directional Signs shall be set back at least five feet from the curb
or right-of-way.
(e Historic Si • ns. Historic Signs shall not be counted in the total Si >n Area for the
property if the Historic Sign is less than five square feet in Sign Area.
( Porch Signs No more than one porch Sign shall be permitted for each property.
Porch sins shall include signs within or on overhangs, canopies or arcades. All
porch Signs larger than two square feet in Sign Area shall be located on the
outside portion of the porch.
Subd. 2. Illumination. If the Si), -1 is illuminated, it shall meet the applicable luminary
Ordinance No. ### 18
DATE
requirements set forth in Section 829 of the city's ordinances. FreestandingSigns shall
not be internally illuminated unless they are located along 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 not exceed the following total Sign Area:
Lot Size (Acres) Maximum Total Sign Area
< 1 Acre 50 Square Feet
1.1 5 Acres 75 Square Feet
5.1 20 Acres 100 Square Feet
Subd. 3 2. Permitted Signs. The following additional types of Signs are permitted 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 Area. 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)
times the 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 the exception
that the Monument Sign may be set back only ten (10) feet from the front lot line
(a) Monument Signs.
(1) Maximum number. One Monument Sign is permitted per lot.
t2) Maximum size. No Monument Sian shall exceed 50 square feet of Sian 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 encroach 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 Sian 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.
Ordinance No. ### 19
DATE
(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.
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 out looses 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 si >ns shall onl 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.
Section 815.21.General Sign Location, Design and Construction Requirements.
Subd. 1. 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
Ordinance No. ### 20
DATE
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. Dynefnie
graphic area of the Sign. No Dynamic Display may exceed 32 square feet in area
on a single Sign face and shall not occupy more than 50 percent of the actual copy
and graphic area of the Sign. The remainder of the Sign must not have the
capability 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;
Ordinance No. ### 21
DATE
(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 44 54 miles
per hour, rcrr�rvcm-rizc�-crSpcca-r'rirrirvT—�-cow--ririrc�-pc....,..:,
twelve (12) inches if the road has a speed limit of 45 to 54 miles per hour, and
fifteen (15) 10 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 shall have a pitch of not greater than 20 millimeters between
each pixel.
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.
(a) All Signs that include Dynamic Displays must mee
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
b
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.
Ordinance No. ### 22
DATE
Subd. 10. Reserved.Temporary Signs. Temporary Signs shall be designed so that they
are not readily overturned. Temporary Signs shall not be hung or installed so as to cover,
either partially or completely, any door, window or opening required for ventilation.
(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
may be illuminated provided said illumination is not a nuisance to motorists or to
confused with an emergency vehicle shall be prohibited.
( 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.
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
Ordinance No. ### 23
DATE
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 name
of the person on whose property the Sign is to be located, if not the applicant;
(g) The written consent of the owner of the property, if not the applicant;
(h) A statement as to whether the Sign will be illuminated or not;
(i) A statement as to whether the Sign will contain any type of Dynamic Display;
(j) A statement as to whether the Sign will be single faced, double-faced or multi -faced;
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
permit 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.
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
Ordinance No. ### 24
DATE
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
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
Ordinance No. ### 25
DATE
maintenance, or improvement but not including expansion. "Expansion" shall be defined as any
structural alteration, change or addition that is made outside of the original Sign structure, Sign
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.
Subd. 2. When any legal Nonconforming Sign is discontinued for a period of more than
with the provisions of this ordinance.
Subd. 3. Any legal Nonconforming Sign shall be removed and shall not be repaired,
replaced, or rebuilt if it is damaged by fire or other similar peril to the extent of greater
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 thane tim� fde� r ' ingthe t-� e-at�#e-��-�-�trttet�ien—�� ,
determination, the Building Inspector shall consider the market value of the entire Sign at
the time prior to the destruction and the replacement value of the existing Sign. In 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
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:
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;
Ordinance No. ### 26
DATE
(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 other property or improvements in the area in which the property is located;
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
solely responsible for any applicable costs and fees incurred by the city for review of the
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
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 , 2012.
T.M. Crosby, Jr., Mayor
Ordinance No. ### 27
DATE
day of , 2012.