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HomeMy Public PortalAbout10-12-2021 Planning Commission Packet POSTED AT CITY HALL October 8, 2021 PLANNING COMMISSION AGENDA TUESDAY, OCTOBER 12, 2021 7:00 P.M. Meeting to be held telephonically/electronically pursuant to Minn. Stat. Sec. 13D.021 Call-in Information: 612-517-3122 (Conference ID 450 273 144#) Electronic access (via Microsoft Teams): link available at https://medinamn.us/pc 1. Call to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Public Hearing – SH Ventures, Inc. – south of Hwy 55, west of Pioneer Tr. – Planned Unit Development Concept Plan for development of approximately 258,000 s.f. privately owned auto condos on 31.5 acres (PID 0511823220005) 6. Continued Public Hearing – Ordinance Amendment – Chapter 8 of the City Code pertaining to Sign Regulations – Requested by Ditter Heating, Cooling, and Electric – Proposed to increase size and height of dynamic displays and signs in certain districts 7. Public Hearing – Ordinance Amendment – Chapter 8 of the City Code pertaining to required distance from swimming pools to utility lines 8. Approval of September 14, 2021 Planning Commission Minutes 9. Council Meeting Schedule 10. Adjourn Planning Department Update Page 1 of 2 October 5, 2021 City Council Meeting MEMORANDUM TO: Mayor Martin and Members of the City Council FROM: Dusty Finke, Planning Director DATE: September 30, 2021 SUBJ: Planning Department Updates – October 5, 2021 City Council Meeting Land Use Application Review A) BAPS Site Plan Review – 1400 Hamel Road – Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS), Minneapolis, has requested Site Plan Review for construction of a place of assembly. The Planning Commission reviewed at the September 14 meeting and recommended approval. The application is scheduled for City Council review on October 5. B) Sign Ordinance Amendment – Ditter Heating and Cooling has requested that the City consider amending its Sign Ordinance to increase the allowed height and size of freestanding signs within the Commercial-General zoning district adjacent to a state highway – The Planning Commission held a public hearing at the September meeting. Following discussion, the Commission tabled for additional information and discussion at the October 12 meeting. C) Caribou Cabin CUP and Site Plan Review – 3692 Pinto Drive – Woodbury REI LLC has requested a Site Plan Review and CUP for a small retail building including a drive-through at the southeast corner of Highway 55 and Pinto Drive. Staff is conducting preliminary review and will schedule a public hearing if complete, potentially at the October 12 Planning Commission meeting. D) Life-Style Auto Condo – South of Hwy 55, west of Pioneer – SH Ventures has requested review of a PUD Concept Plan for development of 12 buildings with approximately 258,000 square feet of space for privately owned garage condos. Staff is conducting preliminary review and will schedule a public hearing if complete, potentially at the October 12 Planning Commission meeting. E) Weston Woods Final Plat – east of Mohawk Drive, north of Highway 55 – Mark Smith (Mark of Excellence Homes) has requested Final Plat for development of 76 twinhomes, 42 single-family, and 33 townhomes on the Roy and Cavanaugh properties. Review is underway and the application will be presented to the Council if complete, potentially at the October 19 meeting. F) Marsh Pointe Preserve Preliminary Plat – 4250-4292 Arrowhead Drive – BPS Properties has requested Preliminary Plat approval for a 38-lot subdivision east of Arrowhead Drive south of Bridgewater. The application is currently incomplete and will be scheduled for a public hearing when complete. G) Ditter Heating and Cooling Site Plan Review – 820 Tower Drive – Ditter Heating and Cooling has requested a Site Plan Review for an approximately 5,000 square foot addition to its building. The application is incomplete for review and will be scheduled for a hearing when complete. H) Prairie Creek Preliminary Plat – 500 Hamel Road – Stetler Enterprises has requested preliminary plat approval for a 17-unit villa development. The Planning Commission held a public hearing at the August 10 meeting. The City Council adopted resolutions of approval, on September 21. Staff will await final plat application. Planning Department Update Page 2 of 2 October 5, 2021 City Council Meeting I) Medina Townhomes – 1432 Baker Park Road (County Road 29) – Medina Townhome Development LLC has requested a Planned Unit Development General Plan and Site Plan Review for 23 rental townhomes on 2 acres north of Highway 12, east of Baker Park Road. The City Council adopted approval documents on September 21. Staff is working with the applicant to address the conditions of approval prior to construction. J) 2832 Hamel Road – Solar Equipment CUP – All Energy Solar has requested a Conditional Use Permit (CUP) for installation of a 112-panel ground mounted solar array with an area of 2,328 square feet. The Planning Commission held a public hearing on August 10 and unanimously recommended approval. The City Council adopted resolution of approval, on September 21. The application will now be closed. K) Deer Hill Preserve 5th Addition – Deer Hill Road, east of Homestead Tr. – Property Resources Development Corporation has requested final plat approval for eight of the lots within the Deer Hill Preserve development. City Council approved the final plat at the August 17 meeting. Staff will work with the applicant to finalize conditions of approval before executing the plat. L) Cates Ranch Comp Plan Amendment and Rezoning – 2575 and 2590 Cates Ranch Drive – Robert Atkinson has requested a change of the future land use from Future Development Area to Business, a staging plan amendment to 2020, and a rezoning to Business Park. The application is incomplete for review, and the City has requested additional materials. M) Adam’s Pest Control Site Plan Review, Pre Plat, Rezoning – Pioneer Trail Preserve – These projects have been preliminarily approved and the City is awaiting final plat application. N) Johnson ADU CUP, Hamel Brewery, St. Peter and Paul Cemetery – The City Council has adopted resolutions approving these projects, and staff is assisting the applicants with the conditions of approval in order to complete the projects. O) Hamel Haven subdivision – These subdivisions have received final approval. Staff is working with the applicants on the conditions of approval before the plat is recorded. Other Projects A) IT Interviews – Staff met with three firms who responded to the City’s RFP for IT services. B) Uptown Hamel – Council member Reid and I attended a meeting of Uptown Hamel property owners on 9/23. Staff is drafting an RFP for a consultant to provide technical assistance on implementation. Council member Reid is also working on the branding/marketing plan with Uptown Hamel businesses. C) Arrowhead Drive/Highway 55 intersection – staff met with representatives of Arrowhead Holdings (property owner of OSI site) to coordinate the relocation of OSI’s driveway prior to construction of improvements on Arrowhead Drive. OSI has agreed to complete their driveway work in the first part of spring 2022 so that the City can contract for the street work in the summer of 2022. D) Swimming Pool Ordinance-setbacks to utilities – staff has been reviewing current regulations which require a setback of 18 feet from pools to any underground utilities, which a property owner has raised as prohibiting construction of a pool on their property. Staff intends to propose a reduction of this setback for the Planning Commission’s consideration at the October 12 meeting. E) Implicit Bias Training – staff attended a training session related to implicit bias. TO: Honorable Mayor and City Council FROM: Jason Nelson, Director of Public Safety DATE: September 30, 2021 RE: Department Updates This past two weeks I have been preparing for a Minnesota Board of Police Officer Standards and Training (POST Board) audit. This occurs every five years to ensure that agencies are complying with all the requirements imposed by statute and rule. They will be conducting an onsite review on Monday, October 4, 2021. On September 20, 2021, I brought in Booker Hodges who is the Assistant Commissioner for the Department of Public Safety to talk to all city employees about Implicit Bias. This is a topic that is required for all police officers with their POST licensing, and we were happy to also offer it to all city employees. This was good training and positive feedback was given by all departments. I have been putting the final touches on our Lexipol policy and procedure manual. Over the past month officers have been getting policies sent to them for review and we are slated to go live with Lexipol on October 1, 2021. I can’t thank Sergeant Boecker, Officers Hall and McKinley enough for all their hard work customizing this to our department’s wants and needs; this was truly a team effort. I would also like to thank the Council for approving this purchase as I truly believe this will benefit both the city and the employees in the future. Medina Celebration Day was another successful community event. I only heard positive feedback from the community members that were there to celebrate with us. It is nice to see our community come out and have a great time. City staff did a great job with this, and it again ties in with our staff adopted core value of teamwork. This is just another great example. Patrol: Patrol Updates 09-16-2021 through 09-28-2021 The following are updates from Patrol Officers between September 16, 2021, and September 28, 2021: Officers issued 50 citations and 62 warnings for various traffic offenses, responded to 2 property damage accidents, 4 welfare checks, 13 medicals, 1 suspicious call, 4 traffic complaints, 19 assists to other agencies, and 17 business/residential alarms. On 09/18/2021 around 0300 hours an officer responded to assist Corcoran PD on a weapon complaint at the Maple Hill Estates. It was reported a male was walking around the trailer park waving a gun. As officers were getting to the area a Hennepin Deputy did locate a male with a gun. Commands were given for the male to drop the gun and he complied and was taken into custody without incident. The male was found to be intoxicated and had in his possession controlled substances. He was arrested by Corcoran Police. On 09/18/2021 officer responded to the 400 block of Evergreen Road on a theft from auto report. The officer learned that credit cards were stolen from a wallet left in a vehicle and that the cards were used at the Medina Target. The suspects are believed to be same suspects from other theft from auto reports at the same location. On 09/24/2021 officer was dispatched to a welfare check in the 200 block of Cherry Hill Trail. A subject called 911 to report he did not feel safe at home and requested to be sent to the hospital. Officers were familiar with the subject who is known to have psychological issues. Officers contacted the subject who voluntarily was transported to the hospital for evaluation. On 09/24/2021 officer was dispatched to report of gunshots in the 1500 block of County Road 24. Officer was able to locate the source of the gunshots and contacted a homeowner who was legally target shooting a shotgun on his property. On 09/25/2021 officer took a phone call regarding theft of funds from a bank account. A resident reported a financial account was “hacked” and was missing nearly $53,000 from the account. The case was forwarded to Investigations. On 09/27 our Investigator received a phone call from the victim in the case who discovered that the funds were transferred to another account by accident and the money was not missing. On 09/25/2021 A vehicle was stopped by officer on Hackamore Road going 78 mph in the posted 40 mph zone. Driver said he was trying to “show off” to his passenger. Driver was cited for driving more than 20 mph over the posted speed limit. On 09/26/2021 officer stopped a vehicle for driving out of the traffic lane in the area of Highway 55 and Wichita Trail. The driver was found to have a cancelled driver’s license-inimical to public safety. He was arrested for the offense. The subject was booked at our office and brought to Hennepin County Jail. During a secondary search at Hennepin Jail, Deputies located a small baggie in his wallet that contained a small amount of suspected heroin. On 09/28/2021 officer was dispatched to a traffic complaint westbound on Highway 55 from County Road 101. It was reported a driver of a gold sedan was swerving all over the road, screaming at other drivers, got out of the car and exposed himself at another driver, and was driving reckless on the highway. Officers were able to contact the driver, who officers were familiar with from other contacts, at his residence in Loretto. He denied exposing himself to other drivers or driving reckless. The case will be forwarded to the Medina Prosecuting Attorney for possible charges stemming from the incident. Investigations: Received a call of a theft report. Victim stated that they had a large amount of money taken out of one of their accounts. After further investigation, it was determined that the bank made an error, and the victim was immediately refunded their money. In August I drafted a search warrant to have numerous electronic devices forensically analyzed. The case involved a sexual assault and suspected child pornography. I recently received some digital evidence from those devices. I am currently in the process of going through the data. The victims and suspect are known. The investigation is on-going. Received a report from Hennepin County Child Protection in reference to a stepfather who was possibly driving intoxicated while there were two teenagers in the vehicle. Investigation is on-going. Attended a two-day conference for LELS in Brooklyn Park. There are currently (14) cases assigned to investigations. 1 TO: Mayor Martin and Members of the City Council FROM: Steve Scherer, Public Works Director DATE: September 30, 2021 MEETING: October 5, 2021 SUBJECT: Public Works Update STREETS • The Highcrest Drive / Oak Circle paving project is complete and looks great. • Pioneer Trail has been striped. Minimal maintenance should be needed on this street for the next five-plus years. • Public Works completed pothole patching near the business park on the east end of Meander. • Staff continues to work with Corcoran, Plymouth, Maple Grove, and Hennepin County to coordinate the County Road 101 and Hackamore Road intersection reconstruction effort. WATER/SEWER/STORMWATER • We will cut over to the new operating system at the Treatment Plant within the next two weeks and plan to be fully on board by the end of the month. We are currently running both systems parallel to identify any possible issues. • Seasonal hydrant flushing will begin during the month of October to flush the system after a long summer of use. • By the end of the month all system water in the Hamel area will flow through the treatment plant to lower the Manganese level to the MDH recommended standard. We still need to develop a mitigation plan and notify the other smaller systems at Morningside and Independence Beach. PARKS/TRAILS • We are back to work at Hunter Park installing the storm water piping for the new tennis/pickleball court. The sub cutting and tile system has been installed and the sand installation for the court is underway. • Public Works will be seeding and doing recon work at Loram next week. PERSONNEL • Greg Leuer, our Water Operator, will be recognized for 15 years at this meeting. • Our new Maintenance Worker, Jeremy Thorson, begins his career with the City on Monday, October 11th. MISCELLANEOUS • Celebration Day was a success. A recap meeting will be scheduled soon. MEMORANDUM SH Ventures – Lifestyle Auto Condos Page 1 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting TO: Planning Commission FROM: Dusty Finke, Planning Director DATE: October 7, 2021 MEETING: October 12, 2021 Planning Commission SUBJECT: Public Hearing – SH Ventures, Inc. – PID 05-118-23-22-0005 Lifestyle Auto Condos – PUD Concept Plan Summary of Request SH Ventures, Inc. has requested review of a PUD Concept Plan for development of individually owned auto-condos within twelve buildings with an aggregate footprint of approximately 258,000 square feet. The subject site is south of Highway 55, west of Pioneer Trail. An aerial of the site and surrounding property can be found below. MEMORANDUM SH Ventures – Lifestyle Auto Condos Page 2 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting The subject site is currently farmed. There are lower lying areas along the west and east property boundaries which may be wetland areas. Existing Rural Residential homes are located to the east and southeast. Property to the west is currently farmed and designated as Future Development Area. The City of Corcoran is north of Highway 55, with the property to the northwest being zoned industrial. Comprehensive Plan/Zoning The subject site is designated as Future Development Area (FDA) in the Comprehensive Plan and zoned Rural Residential-Urban Reserve (RR-UR). The applicant is proposing a rezoning to Planned Unit Development (PUD) to allow for the development. Staff has prepared a summary of relevant definitions, goals, principles, and objectives from the Comprehensive Plan and the RR-UR and Rural Business Holding (RBH) zoning districts, which is attached. Staff has included some of the most pertinent information here as well. The FDA land use is defined in the Comprehensive Plan as follows: Future Development Area (FDA) identifies areas which could potentially be planned for future urban development in the City that will be provided municipal sewer and water services. This area will remain rural unless and until designated for urban services in a future Comprehensive Plan update. The purpose of the FDA designation is to communicate the future planning intentions to the community. This designation is tentative and depends greatly on future infrastructure improvements, including to regional highway capacity. The following objectives of the Rural Residential/FDA land uses appear most relevant: 13. Protect property within the Future Development Area designation from subdivision and development by requiring ghost plats for subdivisions so that future urban expansion is not compromised. 8. Maintain a maximum density of one unit per ten acres for new development in the Rural Residential and Future Development Area land use. 5. Allow land uses, such as home-based businesses, hobby farms, horse stables, nurseries and other smaller-scale rural activities, which will not conflict with adjoining residential development. 6. Regulate noise, illumination, animals, and odors as needed to maintain public health and safety. 14. Reduce impervious surfaces where possible by applying low impact design standards and encourage innovative materials and plans that reduce runoff. The City currently zones property within the FDA land use as RR-UR. The Planning Commission and City Council could discuss whether the objectives of the Comp Plan support allowing limited business uses in the FDA land use prior to the time the area can be developed with urban services. SH Ventures – Lifestyle Auto Condos Page 3 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting It is reasonable to find that allowing business development in the FDA in contrary to several of the objectives. Staff is especially concerned with the possibility that development upon FDA property will cause unforeseen issues with future development. Improvements may inadvertently interfere with logical street and utility layouts in the future. Opportunities may be lost to secure rights-of-way, easements, parkland and trail corridors, and similar requirements which may be necessary to support nearby developments depending on the ultimate uses. Staff also is hesitant to encourage new non-residential accesses onto Highway 55. These reasons are why staff originally recommended the RR-UR zoning district for FDA property. However, it may be reasonable for the City to allow limited business development within the FDA land use, especially on property adjacent to Highway 55. Extension of urban services may be decades in the future, and this would provide an opportunity for a more intensive use in the interim. PUD Concept Plan The purpose of a PUD Concept Plan is to provide feedback to the applicant prior to a formal application. Generally, the Planning Commission and City Council do not take any formal action and the feedback is purely advisory. Purpose of a Planned Unit Development According to Section 827.25, 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 and allowing for 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, and other development standards is intended to encourage: 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. 2. Higher standards of site and building design. 3. The preservation, enhancement, or restoration of desirable site characteristics such as high quality natural resources, wooded areas, wetlands, natural topography and geologic features and the prevention of soil erosion. 4. Innovative approaches to stormwater management and low-impact development practices which result in volume control and improvement to water quality beyond the standard requirements of the City. 5. Maintenance of open space in portions of the development site, preferably linked to surrounding open space areas, and also enhanced buffering from adjacent roadways and lower intensity uses. 6. A creative use of land and related physical development which allows a phased and orderly development and use pattern and more convenience in location and design of development and service facilities. 7. An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. 8. A development pattern that effectuates the objectives of the Medina Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) 9. A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. SH Ventures – Lifestyle Auto Condos Page 4 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting Usually, PUD requests have similar use/density as the existing zoning designation and use the existing zoning as an “underlying” or “base” zoning. The City then determines whether the development made possible through the PUD better meets City goals and objectives than a development which meets the strict letter of the underlying district. The alternative is that the developer proceeds with what is allowed with the standard zoning. This request is a little bit different. The existing RR-UR zoning district would permit just a few rural homes and would not permit non-residential uses such as auto-condos. Some type of rezoning would be necessary to allow for any use beyond agriculture and a few rural homesites. The City has a great deal of discretion when considering the PUD. Proposed Site Layout The following table summarizes the proposed development compared to the requirements of the Rural Business Holding (RBH) zoning district. As noted above, in other PUDs, staff recommends that the Planning Commission and City Council compare the requirements of the underlying district. However, staff does not believe comparing the proposed PUD to the specific dimensional standards of the RR-UR district is sufficient in this case. Staff believes a comparison to a district which allows business uses would be helpful. The RBH zoning district is intended to apply to property which is planned for Business development (generally within the 20-year Comp Plan timeframe), but which has not yet been developed with utilities. Proposed RR-UR Requirement RBH Requirement Minimum Lot Size 30 acres 20 acres/home 20 acres Minimum Lot Width 1023 feet 300 feet 200 feet Minimum Lot Depth 1229 feet 200 feet 200 feet Front Setback 76 feet 50 feet 50 feet Side/Rear Setback 64 feet (east) 76 feet (west) 50 feet 30 feet Residential Setback 64 feet (east) 76 feet (west) N/A 75’ from comm. 100 feet 75’ w/ 70% screen Parking Setbacks Front Yard 40 feet 35 feet Side/Rear 28 feet (east) 20 feet (west) 20 feet Residential 28 feet (east) 20 feet (west) 75 feet 50’ w/ 70% screen Building Height 24 feet 40 feet 30 feet Hardcover 20%-30% 60% 50% of suitable soils SH Ventures – Lifestyle Auto Condos Page 5 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting Limitation on Sanitary Sewer Usage The RBH zoning district includes a limitation of sanitary sewage usage to a rate of 100 gallons per day, per net acre, which would be approximately 3000 gallons/day for the subject site, or approximately 11 SAC units. Generally, the City uses Met Council calculations for SAC units, but adjusted the amount for this use based on data provided by the AutoMotorPlex. The City’s calculation is 1 unit per 17,500 square feet + .08 SAC unit per condo. Using this calculation, the RBH district requirement would limit this site to approximately 190,000 square feet of auto condo building floor area (including mezzanine). The applicant is proposing approximately buildings with a footprint of 258,000 square feet, plus mezzanines, likely another 50% or so of the buildings with approximately 200 condos. This would equate to approximately 37 SAC units proposed. Architectural Design Conceptual building elevations are attached for review. The proposed buildings are 80’ wide rectangles with transparent overhead doors along the long sides of the structures for each unit. Beyond the transparent overhead doors and windows, the proposed exterior material are a mix of fiber cement, metal, and wood. The applicant has indicated that the architectural design is conceptual, and they are open to recommendations from the Planning Commission and City Council in terms of preferred materials and design. The following are requirements of the RBH zoning district for context. Flexibility to the standards may be provided or higher standards required as part of the PUD process. Building Materials The RBH district requires: “all exterior building materials shall be durable and meet the following standards: (a) A minimum of 20 percent of the building exterior shall be brick, natural stone, stucco (not Exterior Insulation and Finish System or similar product), copper, or glass. (b) A maximum of 80 percent of the exterior building materials may be decorative concrete, split face (rock face) decorative block, or decorative pre-cast concrete panels. For buildings with a floor area of 12,000 square feet or less, a maximum of 80 percent of the exterior building materials may be commercial grade fiber cement lap siding installed per manufacturer’s specifications. For buildings with a floor area of greater than 12,000 square feet, a maximum of 20 percent of the exterior building materials may be commercial grade fiber cement lap siding installed per manufacturer’s specifications. Concrete and fiber cement materials shall be color impregnated in earth tones (rather than painted) and decorative concrete shall be patterned to create a high quality terrazzo, brick, stucco, or travertine appearance. (c) A maximum of 20 percent of the exterior building materials may be wood, metal (excluding copper), or Exterior Insulation and Finish System or similar product, if used as accent materials which are integrated into the overall building design. Materials Required Glass, stone, brick, stucco Minimum 20% Concrete, (fiber cement if building <12,000 s.f.) Maximum 80% Metal, EIFS, fiber cement Maximum 20% SH Ventures – Lifestyle Auto Condos Page 6 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting Building Modulation – minimum of one element per 100 linear feet of façade. Fenestration/Transparency – “Building elevations which face a public street shall include generous window coverage.” Multi-sided Architecture – “Any rear or side building elevation which faces a public street or a residential zoning district shall include design and architectural elements of a quality generally associated with a front façade.” Tree Preservation, Buffer Yard and Landscaping No trees are located on the subject site and the applicant has not provided conceptual landscaping plans. The business districts include the following landscape requirements: • Building Setting - At least 12 feet of landscaped area shall be provided adjacent to all buildings except for walks, plaza space and approved loading docks. Walks within this landscaped area shall be limited to where practically necessary to serve access points of buildings At the very least, staff would recommend landscaping areas at the ends of the buildings where no garage doors will be located. The standard landscaping language would also require landscaping within the areas along the long fronts of the buildings between doors. • Minimum Planting Requirement Required Overstory trees 1 per 50’ site perimeter 92 trees Ornamental trees 1 per 100’ site perimeter 46 trees Shrubs 1 per 30’ site perimeter 153 shrubs • Parking lot landscaping – minimum of 8% of parking lot area Staff believes landscaping within the drive aisle areas and between buildings should be maximized to soften and break up the appearance of hardcover and massing of the structures. • Landscaping islands every 20 spaces, wider separations for cells of 120 spaces • Buffering. Landscaping is required to have an opacity of 50% adjacent to residential zoning districts. A landscaping screen with a minimum opacity of 0.5 adjacent to residential zoning districts and allow a reduction of setbacks with a screen of 0.7. Staff would recommend substantial perimeter landscaping. Wetlands and Floodplain The applicant has not submitted a wetland delineation and staff would recommend that a delineation (or confirmation of no wetlands on-site) be completed prior to any formal SH Ventures – Lifestyle Auto Condos Page 7 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting application. It appears that wetlands may potentially extend onto the property in the southeastern and southwestern portion of the property. No floodplain areas are identified on FEMA maps upon the property. Transportation/Parking The applicant proposes access to Highway 55, across from the Eley Auto. MnDOT has indicated that left and right turn lanes would be required if this use is developed. The proposed access is less than a ¼ mile west of Pioneer Trail, which is less than the ½ mile spacing recommended for secondary intersections on principal arterial roadways in rural settings. Staff generally recommends against creating new accesses to Highway 55 if at all possible. Access needs to be provided for property, but staff believes the City has the opportunity to reduce the impact of accesses through land planning. Zoning property which only has access onto Highway 55 for less intensive uses is one strategy to reduce the impact of accesses onto Highway 55. If the City were to consider allowing more intensive uses within the FDA area along Highway 55, staff believes it may be beneficial to prioritize properties with the most practical access options first. For example, properties along County Road 19 would have less impactful options for access and could begin a system of frontage/backage roads for other properties. County Road 19 is constructed to handle trucks and more traffic volume then roadways such as Pioneer Trail and Townline Road but provides safer options for access than Highway 55. If the City were to rezone the property and permit more intensive development, staff believes it is imperative that careful consideration be given to the layout so that improvements do not have detrimental impact on infrastructure planning. Staff would recommend against any development which does not provide flexibility in terms of right-of-way for future roadways. The applicant has proposed providing right-of-way along the north of the property for a potential future frontage road. Staff questions if this is the best option. A backage road along the southern property line might provide more opportunity to serve lots fronting Highway 55 and also the properties to the south in the future. It would also align better with the ultimate intersections at County Road 19 and Pioneer Trail. Right-of-way along both the north and south of the property would provide the most flexibility and would best overcome the risks of allowing premature development which may impact future City infrastructure planning. SH Ventures – Lifestyle Auto Condos Page 8 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting Events Staff recommends specific information and limitations on events if a formal application is to proceed. Traffic and sewage usage would peak for car shows and other events well beyond the day-to-day expected usage. With the limited infrastructure in the area, it will be important that events are regulated. Sewer/Water No sewer or water infrastructure is located within a mile of the property and is not planned with in the City’s 2040 Comprehensive Plan. The applicant proposes private shared septic and well systems. No information is provided on the systems. The City’s experience with the AutoMotorPlex has indicated that private auto condos do use a comparatively low amount of water per square foot. Staff believes it would be possible to design an appropriate private septic and well system for the site. Staff believes it would be important to implement a series of protective sediment traps to reduce the likelihood of sediment for car washing to impact the septic field. No water service would be available for fire protection. The structures would need to be sprinkled and supplied by a reservoir to provide adequate sprinkler flow. The fire department could not supplement the fire suppression system through hydrants and would need to rely on tankers. The RBH district requires connection to the municipal sewer and water system when service is available. The applicant should provide an implementation plan for connection to sewer and water and determine how financial guarantees will be established for the cost of transition and payment of relevant fees. Stormwater/Grading Review No information is provided related to grading or stormwater management. Any future development would be subject to relevant City and Pioneer/Sarah Creek regulations. Park/Trails/Multi-Modal While the City’s park and trail plans do not identify improvements in the area of the subject site, staff believes this is because the Comprehensive Plan does not anticipate intensive development in the area within the planning horizon. Similar to the discussion related to transportation, staff believes it is important that the City not miss opportunities or paint itself into a corner by allowing a development which does not provide provisions for future park and trail improvements. When the adjacent properties are planned for development on urban services, there will be a need for park and trail improvements. Staff believes the reservation of land for parks and trails in the future serves the purposes of the PUD ordinance and Comprehensive Plan. Staff would recommend that the applicant include provisions on any formal application. SH Ventures – Lifestyle Auto Condos Page 9 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting Review Criteria/Staff Comments The purpose of the PUD Concept Plan is to provide purely advisory comments to the applicant for their consideration whether and how to continue with a formal application. The City has a great deal of discretion when reviewing a PUD because it is a rezoning, which is a legislative action. A PUD should only be approved if it achieves the purposes of the PUD district (described on page 3), the Comprehensive Plan, and other City policies. The PUD process allows flexibility to the general zoning standards to result in a more desirable development than would be expected through strict adherence to the requirements, which in this case are the RBH requirements. The process provides flexibility which is ultimately at the discretion of the City. Such flexibility often cuts in both directions, certain aspects of the development may not meet the general standards while other exceed minimum standards. The flexibility provides the opportunity for collaboration in site design because the City can request adjustments which may be seen as preferred, but would not be required under general standards. Staff believes a general discussion about how much the City wants to encourage development within the FDA may be a good starting point of discussion. Staff believes it is reasonable to assume that any development in the area may likely encourage development interest on other similar properties. If the Planning Commission and Council believes the proposed PUD meets the objectives of the Comprehensive Plan and purpose of the PUD district, staff would strongly recommend that the site layout provide substantial flexibility for future infrastructure planning, including streets, utilities, and parks and trails. Doing so serves PUD purpose, including “encouraging a phased and orderly development and use pattern” and “resulting in smaller networks of utilities and streets thereby lower development costs and public investments.” Staff has provided comments throughout the report to be incorporated into any future formal application. These comments are summarized below: 1) Provisions shall be included in plans for future infrastructure including streets, utilities, parks and trails. 2) The applicant shall submit evidence of adequate water supply for fire protection and adequate provisions for sewage treatment. 3) If access is provided from Highway 55, the applicant shall construct left and right turn lanes into the property. 4) The access to Highway 55 shall be closed when alternative access is available. 5) The applicant shall provide an implementation plan to connect the facility to municipal sewer and water systems when available. 6) Site design shall provide increased separation and buffering to surrounding land uses. 7) Information on proposed events shall be provided upon formal application and appropriate limitations and regulations shall be required. 8) A wetland delineation shall be provided at the time of formal application. 9) Additional landscaping shall be provided adjacent to and between buildings. 10) Right-of-way shall be provided for future expansion of Highway 55 and for future City street network. 11) Except as explicitly noted within the Planned Unit Development, future applicants shall abide by relevant City requirements. SH Ventures – Lifestyle Auto Condos Page 10 of 10 October 12, 2021 PUD Concept Plan Planning Commission Meeting Attachments 1. Comp Plan Info 2. Applicant narrative and supporting documentation 3. Concept Plan 4. Conceptual architectural design EXCERPTS FROM COMP PLAN AND ZONING CODE Chapter 2: VISION & COMMUNITY GOALS _______________________________________________________________________________________________ The Vision and Community Goals chapter is the heart of the Comprehensive Plan and provides the foundation from which City officials make consistent and supporting land use decisions. This chapter includes a set of general community goals that guided the creation of this Plan. The concepts in this chapter are some of the few static elements of the Comprehensive Plan. If land uses change or other infrastructure varies from the Plan, decisions will be founded in the goals set forth below. The Vision and Goals were created with the involvement of the Comprehensive Plan Steering Committee (the “Steering Committee”), City officials, and residents of Medina and are broadly supported. Land use designations are subject to strong social and economic pressures to change. Accordingly, it is appropriate that such systems be periodically evaluated in light of changing social and economic conditions. As development evolves, the Vision and Goals will provide the guidance for accomplishing the vision for the future of the community even when changes are necessary to the land use plan. Detailed objectives and recommendations are contained within each of the subject chapters of this plan. Creating the Vision and Goals The residents, the Steering Committee, City officials and staff participated in the planning process for the Plan. A series of public participation meetings were conducted to introduce and solicit information from the residents of Medina. The Steering Committee held work sessions that focused on integrating the concerns and desires of the community together with accommodating growth and regional impacts. An online forum provided additional opportunity for residents to impact the Vision and Community Goals as they were formulated. In addition to land use and growth planning, the City implemented open space, natural resources, and infrastructure planning. The goals which guided this process are integrated into this chapter. Each element of this plan was developed with assistance from city officials and a diverse group of community stakeholders producing a truly representative plan. The City made a conscious decision to emphasize natural resources and open space conservation. Community Vision The following statement provides a vision of the community for the future and the resultant goals and strategies. Medina is a community united by a common goal: to sustain and enhance the quality of life of its residents. Medina will protect its significant natural resources and open space throughout the City, while honoring its rural heritage and fostering safe and well-designed neighborhoods, places of recreation and destinations for citizens to gather. Development within the City will be commensurate with available transportation systems, municipal services and school capacity. Community Goals The following Community Goals are derived from the Vision Statement and inform objectives and strategies throughout the various aspects of the Comprehensive Plan. • Preserve rural vistas, open spaces, and wetlands in all parts of the community to promote the rural character of Medina. • Protect and enhance the environment and natural resources throughout the community. • Encourage and incent innovative and environmentally friendly approaches to planning, engineering and development. • Expand urban services only as necessary to accommodate regionally forecasted residential growth, desired business opportunities and achievement of other Community Goals. Such development and growth shall be at a sustainable pace proportionate with capacity of schools and transportation, water supply and wastewater infrastructure available to the City. • Spread development so that it is not geographically concentrated during particular timeframes. • Promote public and private gathering places and civic events that serve the entire community. • Preserve and expand trails and parks to provide community recreational facilities, connect neighborhoods, and encourage healthy lifestyles of its residents. • Provide opportunities for a diversity of housing at a range of costs to support residents at all stages of their lives. • Encourage an attractive, vibrant business community that complements the residential areas of the City. • Maintain its commitment to public safety through support of the City’s police department and coordinate with its contracted volunteer fire departments. • Manage the City through prudent budgeting processes, retaining a skilled and efficient staff and long-range planning and financial management. Future Land Use Plan Principles The Future Land Use Plan guides the development of Medina through 2040, and will be used to implement the City’s goals, strategies and policies. The Plan is guided by the Vision and Community Goals as furthered by the following principles: Development Patterns and Neighborhood Form • Encourage open spaces, parks and trails in all neighborhood developments. Surveys indicate that a high quality of life is found when residents have visual access to green spaces. • Create neighborhoods with a variety of housing types that are well connected with roads, trails or sidewalks. • Maintain the integrity of rural neighborhoods and promote development patterns consistent with existing rural residential development. • Recognize neighborhood characteristics and promote new development compatible in scale, architectural quality and style with existing neighborhoods. • Stage residential growth to minimize the amount of adjacent developments which occur within the same time period. • Guide density to areas with proximity to existing infrastructure and future infrastructure availability. • Concentrate higher density development near service oriented businesses to help promote walkability. • Consider planned development in surrounding communities when making land use decisions in the City. Road Patterns • Recognize regional highway capacity and planned improvements, along with use forecasts, as major factors in planning for growth and land use changes. • Establish collector streets with good connections through the community’s growth areas. • Promote trails and sidewalk access near roads and thoroughfares to encourage multi- modal transportation choices. • Consider opportunities to improve north-south travel within the City. Open Spaces and Natural Resources • Preserve natural resources throughout the community and provide educational opportunities to residents to help them understand the value of natural areas. • Preserve open spaces and natural resources. • Protect wooded areas and encourage improvement of existing resources and reforestation. Evaluate existing woodland protections and supplement as necessary. • Support the guidelines identified in the Open Space Report to preserve the City’s natural systems. Business Districts and Commercial Areas • Focus service businesses and development near urban residential densities and along primary transportation corridors. • Provide connections between residents and commercial areas and promote businesses within mixed-use areas. • Work to create job opportunities in the community for Medina residents to reduce traffic and commuting demands. • Emphasize service and retail uses which serve the needs of the local community and provide opportunities for the community to gather. • Support business development with a corporate campus style which provides open and protects natural resources. Rural Designations Objectives: 1. Allow low-density development in the Rural Residential Area including innovative arrangements of homes that preserve open space and natural resources. 2. Encourage conservation of open space, farms and ecologically significant natural resources in the rural areas. 3. Enforce stringent standards for the installation and maintenance of permanent, on- site sewage disposal systems. 4. Allow public facilities and services, such as parks and trail systems, if compatible with rural service area development. 5. Allow land uses, such as home-based businesses, hobby farms, horse stables, nurseries and other smaller-scale rural activities, which will not conflict with adjoining residential development. 6. Regulate noise, illumination, animals, and odors as needed to maintain public health and safety. 7. Maintain a maximum density of one unit per forty acres for property in the Agricultural land use. 8. Maintain a maximum density of one unit per ten acres for new development in the Rural Residential and Future Development Area land use. 9. Consider exceptions to maximum density standards for open space developments that protect natural features and put land into permanent conservation. Within the Metropolitan Council’s long term sewer service area (reference Map 5-5), these exceptions will be allowed to result in development with a density in excess of one unit per ten gross acres if consistent with the Metropolitan Council’s Flexible Residential Development Guidelines. 10. Urban services will not be provided to the Agricultural, Rural Residential, or Future Development Area land uses during this planning cycle. 11. Require preservation of natural slopes, wetlands, woodlands and other significant natural characteristics. 12. Require that lots contain adequate soil types and conditions as defined in the City's on-site septic system requirements. 13. Protect property within the Future Development Area designation from subdivision and development by requiring ghost plats for subdivisions so that future urban expansion is not compromised. 14. Reduce impervious surfaces where possible by applying low impact design standards and encourage innovative materials and plans that reduce runoff. 15. Encourage and incentivize landowners to participate in the protection and conservation of significant natural resources. Section 826.25.1. Rural Residential-Urban Reserve (RR-UR) Purpose. The purpose of this district is to provide a zoning district which is consistent with the area guided for future residential or mixed-use development in the city’s comprehensive plan. The district includes areas which are not currently served by municipal urban services but are planned to be at some time in the future. Development within the RR-UR district shall be limited as specified in this section of the ordinance in order to accommodate efficient future development. 835.2 - ZONING – RURAL BUSINESS HOLDING DISTRICT Section 835.2.01. Purpose. The purpose of this district is to provide a zoning district which is consistent with the area guided for business reserve in the city’s comprehensive plan. The rural business holding zone includes areas of the community lying outside of the area in which urban services are currently available to business uses but which will be added to the urban service area in the future. Development within the rural commercial holding district shall be limited in scale until municipal utility services are available and shall be designed in a way to efficiently accommodate additional development in the future and also designed to protect and enhance the natural environment. Concept Stage PUD Application for a 31.5 Acre Parcel Located on State Hwy. 55 in Medina for an Upscale Life -Style Auto Condo Development Proposed Concept PUD Application Summary: Our proposed development by SH Ventures, Inc. is for a very upscale Life -Style Auto Condo development bordering Hwy 55 in western Medina on an approximately 31.5 acre site. We are proposing to create approximately 240 units on the current farmland. There has been a strong demand for similar projects and our proposed development aims to raise the bar and deliver a beautiful auto condo designed by award winning ESG Architecture & Design. Our project as designed can be an option to the "up north cabin" and a quick get -away as a "he-shed/she-shed" or perhaps to look at your favorite automobile and send a couple emails from a superior setting to the kitchen table that gets used to frequently as Covid has gotten many of us desiring to work from home. The market is burgeoning and our proposed development may add north of $50,000,000.00 to the local tax base, while not requiring municipal services of water & sewer. We have designed open space and a large setback from abutting properties to the east, west and south. We are in discussions with MnDot about an access directly off Hwy 55 and the trip generations are very low during the weekdays with trips generally happening on Saturdays at other developments that we desire to compliment. Trip generations are much lower with our proposed development than the commercial use the city changed recently. We propose to cluster the units in the northern 2/3 of the site. The property comes with two outlots that provide site access and utility access from the eastern and southern directions. We propose to widen Hwy 55 with City and MnDot approval and have attached Exhibit -7 with road widening details. We further propose to only use the existing site access from our eastern side as a secondary emergency vehicle access. This Narrative and accompanying Plans & Exhibits will further detail items as requested by Zoning Administrator and City Ordinance. Required Concept PUD Information per City Code Section 827.33: (a) General Information: Names and addresses of existing landowner and applicant found on City Application Form. Professional Consultants for our proposed development include: Architect: ESG Architecture & Design 500 S. Washington Ave. #1080 Minneapolis, MN 55415 Civil Engineer: Anderson Engineering of MN, LLC 13605 1St Ave. N #100 Plymouth, MN 55441 Traffic Engineer: Swing Traffic Solutions 4290 Norwood Land North Plymouth, MN 55442 Attorney/Legal: Messerli & Kramer 1400 Fifth Street Towers 100 South Fifth St. Minneapolis, MN 55402 Title Company: Custom Homes Builders Title LLC 10850O1d County Rd 15 #100 Plymouth, MN 55441 Applicant and landowner confirm that valid purchase agreement exists, an existing title commitment exists and title commitment is being updated from Custom Homes Builders Title LLC of Plymouth, MN. (b) Present Status: Address of vacant land is XXX Highway 55 with property Identification Information and legal addresses located in attached Exhibit 1- PID & Limited Legal Description of Property. The existing Zoning of residential was recently changed from previous Commercial Zoning without the existing landowners knowledge. The existing Zoning Map is attached per Exhibit 2-Existing/Current Zoning Map. An existing survey by Sathre- Bergquist, Inc. depicting this parcel is found in attached Exhibit 3 -Existing Survey. A new survey is being obtained depicting both subject vacant property and land within 1,000 feet of subject property per City requirements. (c) Written Statement: Refer to above Proposed Concept Stage PUD Application Summary. (d) Site Conditions: Site conditions detailed in attached Exhibit 3 -Existing Survey by Sathre-Bergquist, Inc. depicts a relatively flat site currently being farmed as a corn field, with a small amount of wooded area on the far eastern border. Our new survey on order will depict drainage patterns and significant rock outcroppings if any, soil conditions, etc. (e) Schematic Drawings of Proposed Development: Refer to attached Exhibit 4 -Schematic Concept Plans by ESG Architects depicting Upscale Life -Style Auto Condo Plans & Renderings and Draft Site Plan. (f) Statement of Number of Units & SF of Developed Land: At this early Concept stage we are proposing up to approximately 12 separate buildings with 20 units each for up to 240 total units. No area will be devoted to residential use however unit owners will be able to customize their interiors which may include bathrooms and mini -kitchens. All of the single -use space will be devoted to auto condos with paving and parking area to be more further defined by % in next PUD Application stage. A very large amount of open space around the east and west sides and an even larger of open area will be left vacant with this plan. An outdoor pavilion with picnic tables and play area for youngsters is planned. (g) PUD Staging: A Staging Plan will be forthcoming with next PUD Application. Generally a project of this magnitude would be phased for three construction seasons it is believed. (11) Open Space Provisions: All individual owners in this development will be required to be a member of an Auto condo owners association -similar to a homeowners association with rules and regulations and a regular maintenance fee to ensure all open spaces and roads are maintained on a regular basis. (i) Restrictive Covenants: Restrictive covenants will be filed with title limiting and regulating ownership regarding site use and maintenance, etc. as the City desires and applicant believe an upscale development like this warrants. Overnight living will be specifically prohibited in the forthcoming unit owners association documents, similar to a homeowners association which has rules and regulations specifying acceptable and non -acceptable uses. (j) Schematic Utilities Plan: We have requested to provide the schematic utilities plan during the next PUD Application stage. Our proposed development will not be needed to hook up to municipal sewer and we desire to provide subsurface sanitary sewage systems and well water at this site. Our projects use will require very low water usage with some unit owners opting to customize their units with bathrooms and/or mini -kitchenettes requiring water and sanitary sewage needs. Additionally if our future planning determines a unit should be dedicated to auto -watching we understand the grey water storage/disposal needs to be addressed per City and State regulations. (k) Mailing Labels: Mailing Labels of property owners withing 1,000 feet of the subject property have been obtained and found in attached Exhibit 6 - Mailing Labels. (1) & (m) Additional Information: Applicant will forward any additional information as requested by Zoning Administrator, Planning Commission and/or City Council as requested. ATTACHED EXHIBITS: 1. PID's & Limited Legal Description of Property; 2. Existing/Current Zoning Map; 3. Existing Survey; 4. Schematic Concept Plans by ESG Architects; 5. Schematic Draft Site Plan by ESG Architects; 6. Mailing Labels for Properties within 1,000 ft. of Proposed Development; 7. Detail for Proposed Road Widening of Hwy 55. File: Medina PUD concept Application Concept Stage PUD Application SUPPLEMENT Upscale Life-Style Auto Condo Application SUPPLEMENT: Since our initial Application Medina’s Dusty Finke requested additional information on a few items including the following we have recently conceptually addressed. Much more discussion with Mr. Finke, our consultants and City Planning Commissions & City Councils will help formulate our proposed development. Attached please find information regarding: 1. Life Safety Fire Suppression Systems from Summit Fire Consulting; 2. Discussion of ROW Dedication along Hwy 55 & other; 3. MnDot Meeting Recap regarding access/egress directly off of Hwy 55; 4. Emergency Vehicle Access only from parcel C to our site; and 5. Park Dedication Brainstorming 1. At this time we believe our project will be a Group U occupancy with Type 5b construction. Summit Fire Consulting will design a sprinkler fire suppression system accordingly for City Staff and Fire Marshall review. Refer to Exhibit #1 for Summit Fire Consulting potential options. 2. At this time we believe in event the City requests us to dedicate road ROW on south Hwy 55 boarder, we may be amenable to a dedication of 55-60 ft. to city for future transportation planning. Refer to Exhibit #2. 3. Anderson Engineering and us had an overview meeting with four representatives of MnDot last month. MnDot agrees that a development of this stature would warrant both right and left turn lanes (not signals of course) for access from Hwy 55. Refer to Exhibit #3. 4. We propose Emergency Vehicle Access only from Parcel C off of Pioneer Trail to eliminate traffic from the residential area at this time and more discussion will be held about City and neighbor desires. 5. Mr. Finke discussed land dedication for a potential park in lieu of a park dedication fee. More discussion to be held on this relating to the access off of Hwy 55 topic. Never the less our engineers are discussing this request, Refer to Exhibit #4. ATTACHED EXHIBITS: 1. Summit Fire Consulting Potential Options; 2. Anderson Engineering Notes about Hwy 55 ROW; 3. MnDot Meeting Minutes; and 4. Potential Pocket Park Discussion . File: Medina PUD Concept Application SUPPLEMENT EXHIBITS for Medina Upscale Life -Style Auto Condo Development SUPPLEMENT. EXHIBIT No. 1 Summit Fire Consulting Potential Options Mcdiiia Exhibits SUPPI..EMENT From: Natalie Buckman [SFNG] nbuckman@SummitFireConsulting.com Subject: water supply - Medina Date: October 6, 2021 at 1:50 PM To: bill@ibilLus Bill - Thanks for chaffing yesterday. Below I've snipped out the code section related to water supply options. Using the shared well will not be an option for non -domestic type uses. The two options most realistic for your site are the tank (above ground tank/pump is more cost effective; otherwise underground tank/vertical turbine pump) or potentially the pond/pump. The pond ultimately may end up being just as costly/complicated. It needs to be large enough to supply the sprinkler system demand for a certain amount of time (minimum of at least 20 minutes), needs that gallonage available without freeze concern, and then piping (with straining devices) and pump to supply the building. Let me know if you have some thoughts on direction or any questions related to this. We can help pull together design criteria, etc for either option if needed and then this can be used for bidding purposes to contractors so you can get competitive pricing. Thanks, 24.2 Types. 24.2.1' Water supplies for sprinkler systems shall be one of the following or any combination: (1) A connection to an approved public or private waterworks system in accordance with 24.2.2 (2) A connection including a fire pump in accordance with 24.2.3 (3) A connection to a water storage tank at grade or below grade installed in accordance with NFPA 22 and filled from an approved source (4) A connection to a pressure tank in accordance with 24.2.4 and filled from an approved source (5) A connection to a gravity tank in accordance with 24,25 and filled from an approved source (6) A penstock, flume, river, lake, pond, or reservoir in accordance with 24.2.6 (7)*A source of recycled or reclaimed water where the building owner (or their agent) has analyzed the source of the water and the treatment process (if any) that the water undergoes before being made available to the sprinkler system and determined that any materials, chemicals, or contaminants in the water will not be detrimental to the components of the sprinkler system it comes in contact with Natalie Buckman Fire Protection Consultant SUMMIT t i,ic CONSU6t ING 0 651.288.0781 C 651-402.7738 575 Minnehaha Ave W St. Paul, MN 55103 Office: 651-251-1880 www.summitfireconsulting.com This information transmitted, including attachments, is intended only for the persons} or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in,. Security, archiving and compliance. To find out more Click here. From: Chris Leaver [SFNC] cleaver@SummitFireConsulting.com c3' Subject: RE: [EXTERNALj Concept Site Plan Date: October 1, 2021 at 7:15 PM To: Bill Stoddard Bill@iBill.us Cc: Dale Lindh [SFPH] dlindh@summitcompanies.com Thanks, will take a look and touch base (me or someone in my group) first thing next week. This is fir sure something we can help with. Have a great weekend. Chris Leaver l PE Consulting Manager SUMMIT 1,1N{ CONSuerING D 651-251.1872 C 612-387-7050 575 Minnehaha Ave W St. Paul, MN 55103 Office: 651-251-1880 www. s u m m i tfi recon su lting. com This information transmitted, including attachments, is intended only for the person(s) or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information. From: Bill Stoddard <Bitl@iBill.us> Sent: Friday, October 1, 2021 4:05 PM To: Chris Leaver [SFNC] <cleaver@SummitFireConsulting.com> Cc: Dale Lindh [SFPH] adlindh@summitcompanies.com> Subject: [EXTERNAL] Concept Site Plan Chris attached is our concept site plan sure to change. It includes Hwy 55 road access from the NW corner of our property (as that area is across from a north Hwy 55 existing access. The site currently has 12 buildings, each with about 18 or so individual upscale automobile garage condo's (not for human habitation) on a full time basis. Site will require drinking water wells and subsurface septic systems and we need a sprinkler system designed for a wood framed structure with drywall & possible metal interior siding. Please let me know your thoughts. I have used Summit for about three of my townhome projects in the past thanks for your continued great service. Have a great weekend. Bill Stoddard Stoddard «m tam Stocdera c>:o .r.4.1,11s1 Slum: C.o.-Wow iON $S991 ar�dt'i 36416 r,n ,un_ Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and maiware, and may have been automatically archived by Mirnecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. From: Dale Lindh [SFPH] dlindh@summitcompanies.com CF Subject: Sprinkler design Date: October 1, 2021 at 2:28 PM To: bill@lbill.us Bill - It was very nice to talk with you this afternoon. I have attached some general information that the State of Minnesota put together on the use of wells as a water supply for fire protection systems. I also attached a couple drawings of what I believe are similar projects that Summit has sprinklered in the past. I am assuming that your project will be heated to maintain at least 40 degrees F so a wet sprinkler system can be installed. If this is true you will need about 400 gpm this would require a 12" minimum well size. The other option would be to install a fire pump and water storage tank. The tank would need to be about 24,000 to 36,000 gallons of water based on the fire sprinkler demand and if the sprinkler systems are monitored. The above number are based on that the fire sprinkler system water source does not need to supply fire hydrants spaced around the site. Please let me know if you need any additional information. Dale Dale Lindh Design Manager SUIVIIVIIT COMPANIES D 651-251-1846 C 651-248-3681 575 Minnehaha Ave W St. Paul, MN 55103 Office: 651-251-1880 www.surnmitcompanies.com This information transmitted, including attachments, is intended only for the person(s) or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and destroy any copies of this information. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and maiware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. EXHIBIT►S for Medina Upscale Life-Stvle Auto Condo Development SUPPLEMENT EXHIBIT No. 2: Anderson Engineering. Notes About Hwy 55 ROW File: Medina Exhibits. SUPPLEMENT From: Jeffrey W. Deitner JDeitner@ae-mn.com Pi Subject: Medina Auto Condos - Right -of -Way Date: October 6, 2021 at 6:21 AM To: Bill Stoddard Bill@iBill.us Bill — Thanks for the phone call yesterday! In the event the City would like to consider a frontage road along highway 55, 60 +J- feet would be adequate to account for the roadway and buffer needed between the highway and frontage road. Please let me know if you have questions or need additional information on this! --Jeff PLA Project Manager Licensed in: MN D: 763-412-4016 M: 651-216-2133 ANDERSON 13605 1st Ave N, Suite 100 Plymouth MN 55441 ae-mn.com J send me files EXHIBITS for Medina Upscale Life -Stele Auto Condo Development SUPPLEMENT EXHIBIT No. 3: MnDot Meeting Minutes. File: Medina Eahihits SUPPLEMENT MEDINA AUTO CONDOS Preliminary Turnlane Discussion (HWY 55) Anderson Project Number: 16679 MEETING NOTES To: Bill Stoddard SH Ventures 440 Third Street Excelsior MN, 55331 From: Date: Participants: Jeff Deitner, PLA Anderson Engineering 13605 1st Ave. N, Suite 100 Plymouth, Minnesota 55441 9/15/2021 Bill Stoddard, Stoddard Companies Eric Lauer -Hunt, MnDOT Tod Sherman, MnDOT Timothy Donovan,MnDOT Andrew Lutaya, MnDOT Erik.Hedman, Anderson Engineering Jeff Deitner, Anderson Engineering A brief overview / introduction conversation was had regarding the possibility of incorporating turn lanes for the future development located 250 Ln Ft. west of Pioneer Trail and Highway 55. The parcel consists 30.12 acres, with 1,120 Ln. Ft. north boundary which is adjacent to Highway 55. Further discussion topics were: Preliminary Trip Counts (Traffic Volume): Jeff. Deitner gave a brief description ofthe development indicating that peak travel times wouldbe on the weekend with low weekday trip generations forecasted. Access off Pioneer Trail: Entrance to the property from Pioneer Trail was discussed as an alternate to turnlanes being incorporated off of Highway 55. It is the projects intent to limit the amount of traffic on Pioneer trail as to not overwhelm the nearby residential properties and only use Pioneer Trail as an emergency vehicle access point. Bill Stoddard brought to the group'sattention that language in the easement documents to land owned by applicant limits the number vehicles allowed for entering and existing on Pioneer Trail (see attached for supporting documentation). Turnlanes: M nDOT did recognize a development of this stature would warrant both right and left turn lanes for access off of Highway 55. It was noted that additional internal discussion between. MnDOT staff would need to occur to determine appropriate location and feasibility. 13605 lst Avenue North #100, Plymouth, MN 55441 P 763.412.4000 F 763.412,4090 ae-mn.com MEDINA.AUTO CONDOS. TURNLANE DISCUSSION September 1S, 2021 Zoning: At the time of the call, toning to the north was not known. Upon further review, zoning to the north of the project site was researched and found to be Light. Industrial per the: City. of Corcoran 2020 zoning map (See.. attachedfor reference) Per the City of Corcoran's district regulations, light industrial has been established to provide warehousing and light industrial development with limited amounts of truck traffic. Next Steps: Moving forward a level 2layout 'would ..be required per MnDOT's Local Government Guide, which outlines the. submission process: If a preliminary review is requested, MnDOT would conduct a review prior to the official City submittal which at that time would be MnDOT's official review period. At this time the projects point of contact is Andrew Lutaya, Jeff Deitner, PLA Anderson Engineering. Attached: City of Corcoran Zoning. Map Declaration of Covenants,. Conditions, Restrictions and Maintenance Agreement for a Private Road 21 Page EXHIBITS for Medina Upscale Life -Style Auto Condo Development SUPPLEMENT EXHIBIT No. 4: Potential Pocket Park Discussion. File: Medina Exhibits SUPPLEMENT From: Jeffrey W. Deitner JDeitner@ae-mn.com 9 Subject: Re: Application Supplement for Concept Life -Style Auto Condo Development Date: October 6, 2021 at 10:02 AM To: Bill Stoddard Bill@iBill.us Bill - One quick thought regarding the park dedication. May be a potential to offer pedestrian connections that are identified through different pavement types, site amenities (benches, trash receptacles, etc...) and landscaping. This could have the potential of improving the experience for the users of the condos as well as the city's requirements. of the City has an idea on where a park would be preferable we could provide connections (strategic to not promote too much outside access). Just throwing ideas out.., P Project Manager Licensed in: MN D: 763-412-4016 M: 651-215-2133 ANDERSON 13605 1st Ave N, Suite 100 Plymouth MN 55441 ae-mn.com I send me files SEPT 2021 PID: 0511823220005 Medina, MN Scale:1" = 100'-0" AUTO CONDO 09.09.2021 SITE PLANMEDINA MN EMERGENCY EXIT -TBD HIGHWAY 55 HIGHWAY 55 EXPANSION SPACE 25 0 ' - 0 " POND PICNIC/ PLAYGROUND AREA ENTRY/EXIT ENTRY GATE OUTDOOR PAVILION BLDG //01 BLDG //02 BLDG //03 BLDG //04 BLDG //05 BLDG //06 BLDG //07 BLDG //08 BLDG //09 BLDG //10 BLDG //11 BLDG //12 18' - 0 " GUEST PARKING 68' - 0" 10' - 0" 280' - 0" 80' - 0" 80' - 0" 40' - 0"40' - 0" 29' - 0" 10' - 0" 29' - 0" 240' - 0" 6 8' - 0 " 34' - 0" 30' - 0" 30 0 ' - 0 " 280' - 0" 1" = 100'-0"MP1.1 1 ARCHITECTURAL SITE PLAN SEPT 2021 PID: 0511823220005 Medina, MN SEPT 2021 PID: 0511823220005 Medina, MN SEPT 2021 PID: 0511823220005 Medina, MN SEPT 2021 PID: 0511823220005 Medina, MN SEPT 2021 PID: 0511823220005 Medina, MN Ditter Cooling, Heating and Electric Page 1 of 4 October 12, 2021 Sign Ordinance Amendment Planning Commission Meeting MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Planning Director DATE: October 8, 2021 MEETING: October 12, 2021 Planning Commission SUBJ: Public Hearing – Ordinance Amendment – Sign Regulations Ditter Cooling, Heating, and Electric Summary of Request At the September 14 meeting, the Planning Commission discussed changes to the City’s sign ordinance requested by Ditter Cooling, Heating, and Electric. The applicant operates at 820 Tower Drive, west of Pinto Drive and the applicant’s property backs up to Highway 55. The applicant is interested in installing a dynamic display to advertise its business but believes existing City regulations may limit the effectiveness of such a sign. The primary changes pertain to increasing the comparatively lower size and height allowances for signs in certain districts and to allow larger dynamic displays adjacent to roads with greater speed limits. The Planning Commission tabled the ordinance and requested information on ordinances from other communities, especially pertaining to maximum size of dynamic displays and required time that messages are required to be static. Staff has attached the entire sign ordinance with the applicant’s proposed changes shown. Generally, an ordinance will exclude subsections which are not proposed to be amended, but staff thought it would be helpful to have the entire ordinance for context. Size/Height of Signs Adjacent to Arterial Roadways The applicant’s property is zoned Commercial-General (CG). The CG and certain other districts are currently more restrictive in terms of signage than other commercial and business districts. The reason for this is because the CG and Business Park zoning districts tend to be less retail/service oriented (more warehouse/office) and are more proximate to residential areas. However, there are situations, such as the applicant’s property, where the “front” of the property may be internal to a smaller, less intensive development area, but the property also backs up onto a major roadway. The proposed amendment would allow the same size and height for signage along a principal arterial roadway that is permitted in the more intensive commercial/business districts. This language can be found on page 9 of the ordinance. The Planning Commission discussed at the September meeting and staff believes the consensus was to limit this additional allowance to principal arterials. Staff believes it is reasonable for CG and BP properties along Highway 55 to have the same signage allowance as the other commercial/business district. The Planning Commission and City Council can discuss whether to open up to all minor arterial roads. Minor arterials with CG/BP property would include CR116 and potentially CR19 near Highway 55 in the future. Ditter Cooling, Heating and Electric Page 2 of 4 October 12, 2021 Sign Ordinance Amendment Planning Commission Meeting Dynamic Display Size Current regulations limit Dynamic Displays (electronic message centers) to no more than 50% of the size of any sign and limit to no more than 32 square feet. The applicant proposes to increase the size of dynamic displays on roadways with higher speed limits based on the following table. The proposed changes are on page 15 of the ordinance. The applicant has stated that sign manufactures and the US Sign Council both advocate for sizes in this range for safe and effective messaging. For the sake of comparison, the following table describes the area of other dynamic displays within the City. Some of these signs are larger than currently permitted, presumably because they pre-dated the limitation currently in code. Medina Entertainment Center 500 Highway 55 54 sq. ft. Highway 55 Rental 225 Highway 55 38 sq. ft. Okalee Senior Living 2225 Chippewa Ct. - on Hwy 55, west of Mohawk 26 sq. ft. Holiday Gas Stations 200 Highway 55 or 1300 Baker Park Road 24 sq. ft. Sharepoint Credit Union Highway 55/Sioux Drive 24 sq. ft. Staff believes an increased allowance for dynamic displays along roadways with higher speeds does seem appropriate. Staff had originally contemplated 48 sq. ft., but the applicant is advocating for a larger allowance. The Planning Commission had requested additional detail on other ordinances. Dyanmic Area Total Sign Area Max Height Timing Plymouth 64 sq. ft. 100 sq. ft. 36 feet 15 minutes Maple Grove 50% 80 sq. ft. 15 feet 1 minute Corcoran 60% 64 sq. ft. 16 feet 6 seconds Chanhassen 40% 80 sq. ft. 20 feet N/A Eden Prairie 35% 80 sq. ft. 20 feet 20 minutes Shakopee 32 sq. ft. 120 sq. ft. 40 feet along 169; height of building 8 seconds Rogers 25% 100 sq. ft. 15 feet 60 minutes Current Medina 50% or 32 s.f. 80 sq. ft. 20 feet (10 dynamic) 1 minute Proposed Up to 50 s.f. 80 sq. frt. 20 feet 30 seconds MPH 30 35 40 45 50 55+ Maximum Dynamic Display Area (In Square Feet) 32 36 40 45 50 55 Ditter Cooling, Heating and Electric Page 3 of 4 October 12, 2021 Sign Ordinance Amendment Planning Commission Meeting Dynamic Display Height Current regulations state that “no portion of the Dynamic Display shall be located more than 10 feet from the ground…” This requirement generally requires a dynamic display to be located lower than regular static signage may be permitted. It should be noted that there are exemptions for alpha-numeric monochrome displays such as fuel prices and time/date. The applicant proposes to remove this limitation. The proposed change is on page 15 of the ordinance. Staff has received other inquiries from property owners who desired to install dynamic displays extending higher than 10 feet. Staff does not oppose this proposed change. It appears most other communities did not have a requirement that the dynamic display be lower. Dynamic Display Message Timing Current regulations state that: “A Dynamic Display must not change or move more often than once every 60 seconds.” In addition, the ordinance requires: “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; 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;” These requirements are intended to reduce distraction. The applicant proposes to reduce the timeframe for changing messages from 60 seconds to 30 seconds. Flashing, scrolling, and drag-on messages would continue to be prohibited. This change can be found on page 15 of the ordinance. Staff does not oppose this change. Decreasing the time would make it more likely that a message will change as a driver is passing a sign, but with a 30-second timeframe, only one change is likely for a moving vehicle. The timing in other communities is summarized on the table on page 2. V-Signs Current regulations state that, for a two-sided freestanding sign, only a single surface is counted when measuring for maximum allowed sign area. The applicant proposes to add language clarifying that “v-signs”, or a freestanding sign, where the surface is not exactly back-to-back, should be treated similarly and only one surface should count. This change can be found on page 3 of the ordinance. The applicant states that V-Signs allow for better visibility for signs which are set further away from a roadway. Staff does not oppose this change in concept, but recommends additional details whether it is necessary to allow up to 45 degree separation. The intent is that both surfaces will not be visible simultaneously, and 45 degrees seems like it may be too high. Ditter Cooling, Heating and Electric Page 4 of 4 October 12, 2021 Sign Ordinance Amendment Planning Commission Meeting Residential Neighborhood Entry Signs Current City regulations limit signs at the entrance to a neighborhood to six feet in height. Monument signs are limited to 30 square feet. The applicant’s sign consultant is recommending that these limitations be increased to allow residential neighborhood signs to be eight feet in height, and for monument signs to be up to 32 square feet. These changes are on page 7 of the ordinance. This change has no bearing on Ditter Heating, Cooling, and Electric, but was identified by the applicant’s sign company as they reviewed the City regulations. The consultant noted that drifting snow will tend to cover much of a sign if limited to six feet in height and that 32 square feet size works better for standard sign materials. Staff does not oppose these changes. Sign Brightness Correction The applicant’s sign consultant also pointed out an error in the City’s lighting ordinance related to sign lighting. The lighting ordinance currently reads that “Internally illuminated signs shall not exceed 500 nits of luminance from sunrise until sunset and shall otherwise conform to the provisions of this ordinance.” This language is backwards and should read: “Internally illuminated signs shall not exceed 500 nits of luminance from sunrise sunset until sunset sunrise and shall otherwise conform to the provisions of this ordinance.” The intent of this language is to limit the brightness of signs at night. The proposed change is on page 20 of the ordinance. Staff supports making this change. Staff Recommendation The City has a high level of discretion when considering requests to amend its zoning regulations because it is a legislative action. Staff believes that most of the changes seem reasonable and has noted level of support behind each change. Staff recommends that the Planning Commission and City Council discuss the maximum size for dynamic displays, using some of the existing signs in the City for context. Staff also recommends discussion on whether the increased size/height allowance within the CG and BP districts should be for all arterial roadways, or just principal arterials. Potential Action If, following the public hearing, the Planning Commission finds that the proposed changes are appropriate, the following action could be taken: Move to recommend approval of ordinance amending regulations pertaining to signs. Attachments 1. Ordinance (unamended subsections to be removed upon adoption) 2. Supplemental information provided by applicant ****NOTE: ENTIRE SECTION IS PRESENTED FOR CONTEXT. Unamended sections will be removed from ordinance upon adoption CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING REGULATIONS PERTAINING TO SIGNS; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 815 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language 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 90 days; or a sign which is damaged, in disrepair, or vandalized and not repaired within 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 square feet in area per side for a residential single family property, eight square feet for a multi-family dwelling building and 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 100 square feet or more. Subd. 3.1. “Clear Vision Triangle” is the area to be left clear of signs and other obstructions so as not to interfere with sightlines at intersections. The Clear Vision Triangle is created by measuring 50 linear feet along the edge of each street or access drive as depicted below. Ordinance No.## 2 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 square feet in surface area, consist of only two surfaces and contain no illumination or additional messages. Subd. 5. “Dynamic Display” is any characteristic of a Sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the Sign or its components, whether the apparent movement or change is in the display, the Sign structure itself, or any other component of the Sign. This includes a display that incorporates a technology or method allowing the Sign face to change the image without having to physically or mechanically replace the Sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or structural element and any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink” or any other method of technology that allows the Sign face to present a series of images or displays. Subd. 5.1. “Event Sign” is a Sign posted on a temporary basis meant to inform the public of or guide the public to short term events such as garage/rummage sales or real estate open houses. Subd. 5.2. “Freestanding Sign” is a Monument Sign or Pylon Sign as defined herein. Subd. 6. “Historic Sign” is a sign that memorializes an important historic place, event or person and that is recognized by a governmental entity. Subd. 7. “Illuminated Sign” is a sign which is illuminated by an artificial light source. Subd. 8. “Incidental Sign” is a small sign, emblem or decal informing the public of goods, facilities or services available on the premises (e.g. a credit card sign or a sign indicating hours of business) and that does not exceed two square feet. Subd. 8.1. “Internal Site Sign” is a sign which is not intended to be viewed from neighboring property or the right-of-way and which does not exceed two square feet. This include signs which guide internal site navigation and which identify handicap parking areas, fire lanes, upland buffer zones, and similar site features. Subd. 9. “Monument Sign” is a freestanding sign that is attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure and is typically encased or supported by masonry materials. Subd. 10. “Off-premises Sign” is a commercial speech sign which directs the attention of the public to a business that is not on the same premises where such business sign is located. Ordinance No.## 3 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. For a two-sided freestanding sign, only a single surface shall be counted when measuring the total and maximum Sign Area. Two-sided signs may have a degree of separation at one end of the sign faces (a V-Sign configuration). V-Signs beyond 45 degrees will be considered two signs. Subd. 16.1. “Sign Surface Area” is the total surface area of a 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. 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. A B C D Sign Area = A x B Sign Surface Area = C x D Ordinance No.## 4 DATE 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: Image Credit: City of Minnetonka, MN City Code 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 12 inches from the surface to which it is attached. Subd. 20. “Window Sign” is a sign that is affixed to or painted on the interior or exterior of a window or glass door or otherwise displayed inside a building within three feet back from the building’s window or glass door with its message intended to be visible from rights-of-way or neighboring properties. Subd. 21. “Zoning Administrator” is the officer or other person at the city charged with the administration and enforcement of this ordinance, or his or her duly authorized deputy. 815.05. Sign Permit Required; Exemptions; Prohibited Signs. Subd. 1. Permit Required. It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any Sign as defined in this ordinance in the city without first obtaining a permit therefore as required by this ordinance, except as provided in subdivision 2 of this Section. Subd. 2. Exemptions. A Sign permit need not be obtained for the following Signs, provided that all other applicable requirements of this ordinance are met: (a) One Sign smaller than five square feet in area (excluding temporary signs) may be posted on any parcel of land, except that such Sign may not be an Off-Premise Sign; (b) Signs posted by authorized government officials on public land or right-of-way; (c) Signs within a business, office, mall or other enclosed area that cannot be seen from the outside; (d) Up to two Address Signs per property; Ordinance No.## 5 DATE (e) Incidental Signs; (f) Flags. No flag on a flagpole shall exceed 40 square feet in area. No single property shall fly more than three flags at one time. Flagpoles shall not exceed 40 feet in height. If the total area of the flags exceeds 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 20 square feet in area; (g) Internal Site 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; and (k) Noncommercial speech signs exempted by Minnesota Statute 211B.045. Subd. 3. Prohibited Signs. The following signs are prohibited in all zoning districts. (a) Abandoned Signs; (b) Billboards; (c) Roof Signs; (d) Mylar 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. 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 10 feet from the right-of-way; and shall be removed upon completion of the construction site improvements and release of the financial guarantee. 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 14 days at one time. (b) Permits per year. Sign permits for a Temporary or Portable Sign shall not be issued for more than six periods in any calendar year. Permit periods may run consecutively without interruption if approved by the city. (c) Number of signs per lot. Only one 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. (d) Maximum size. Temporary and Portable Signs shall not exceed 32 square feet in Sign Area. Ordinance No.## 6 DATE (e) 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. (f) 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 height of the structure on the property, and shall be securely tethered and attached to the ground or building. (h) No Mylar or metallic balloons shall be permitted to be displayed or flown outside. Subd. 3. Attached Temporary Signs (a) No permit required. Attached Temporary Signs posted consistent with this section shall not require a sign permit. (b) Duration of posting. Attached Temporary 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 Sign Area. (d) Location. Attached Temporary Signs 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 required. Event Signs posted consistent with this section may be posted without obtaining a sign permit. (b) Duration of posting. Event Signs shall not be posted more than two days prior to an event and shall be removed no more than one day following an event, but in no case shall an Event Sign be posted for more than five days. (c) Location. Event Signs may be posted within the right-of-way, but shall not be located in a way which may interfere with traffic visibility or pedestrian circulation. (d) Maximum size. Event 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 Ordinance No.## 7 DATE 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 eight 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 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 30 32 square feet in Sign Area and be landscaped around the perimeter of the base of the Sign. The landscaping shall cover at least two times the total area of the Monument Sign base. The Monument Sign shall be set back at least 10 feet from the curb or right-of-way; (c) Home Occupation Signs. Home occupation Signs 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 square feet, have only one side, be set back at least 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 times the total area of the home occupation Sign base; and (d) Pylon Signs. Pylon Signs are permitted at the entrance(s) of a residential subdivision, institutional use or park, but shall not exceed 15 square feet in Sign Area nor exceed 20 square feet in Sign Surface Area. The Pylon Sign shall be landscaped around the perimeter of the base of the Sign. The landscaping shall cover an area equivalent to the width of the sign surface multiplied by two. The Pylon Sign shall be set back at least 10 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. Section 815.11. Commercial Highway (CH), Commercial Highway-Railroad (CH-RR), and Business (B) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial Highway (CH), Commercial Highway- Railroad (CH-RR), and Business (B) Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1) Maximum number. One freestanding sign is permitted per lot, except a second Ordinance No.## 8 DATE 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 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 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. (1) Maximum size. The maximum total Sign Area of Wall Signs shall be based upon the area of the wall on which they are attached as described in the table below. 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. Area of Wall Maximum Total Sign Area on Wall 1000 square feet or less 8% of the area of the wall Greater than 1000 square feet and less than 5000 square feet 80 square feet + 4% of the area of the wall in excess of 1000 square feet 5000 square feet or greater 240 square feet + 2% of the area of the wall in excess of 5000 square feet (2) Projecting Signs prohibited. No Wall Sign shall extend more than 12 inches from the surface of a building face, wall, or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted per structure, except for multi-tenant buildings where one Window Sign shall be permitted per tenant space. (2) Maximum size. The Window Sign shall be limited to 50 percent of the window in which it is located. (3) No permit required. No permit shall be required for a Window Sign, but such Sign shall meet relevant requirements of this ordinance. (d) Directional Signs. (1) Directional Signs shall be only permitted for properties utilizing a drive-thru or that have loading or staging areas. (2) Maximum number. Two Directional Signs are permitted for each property. (3) Location. The Directional Signs shall be set back at least five (5) feet from the curb or right-of-way. Subd. 2. Illumination. If the Sign is illuminated, it shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances. Ordinance No.## 9 DATE Section 815.13. Commercial General (CG), Business Park and Industrial Park District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial General (CG) District. All Signs shall be 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 fFreestanding signs shall not exceed 64 square feet of Sign Area except: (a) signs along a frontage of principal arterial roadways shall not exceed 80 square feet, (3) Maximum height. No freestanding signFreestanding signs shall not exceed 10 feet in height from the adjacent roadway grade, except:. (a) signs along a frontage of principal arterial roadways shall not exceed 20 feet in height from the adjacent arterial roadway grade. (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) Illumination. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of an arterial roadway and greater than 200 feet from residential property. External illumination shall be downcast and otherwise 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 maximum total Sign Area of Wall Signs shall be based upon the area of the wall on which they are attached as described in the table below. 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. Area of Wall Maximum Total Sign Area on Wall 1000 square feet or less 8% of the area of the wall Greater than 1000 square feet and less than 5000 square feet 80 square feet + 4% of the area of the wall in excess of 1000 square feet 5000 square feet or greater 240 square feet + 2% of the area of the wall in excess of 5000 square feet (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 Ordinance No.## 10 DATE 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 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 an arterial roadway and greater than 200 feet from residential property. Section 815.15. Commercial Neighborhood (CN) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted 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 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) Illumination. Freestanding Signs shall not be internally illuminated unless they are located along the frontage of an arterial roadway and greater than 200 feet from residential property. External illumination shall be downcast and otherwise 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 area of the wall to which they are attached. For the purposes of a Ordinance No.## 11 DATE 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 an arterial roadway and greater than 200 feet from residential property. Section 815.16. Mixed Use District Signs. Signs within the Mixed Use zoning district shall be regulated based on the land use of the property on which they are located. Signs which are part of Commercial development within the Mixed Use district shall meet the requirements of the Commercial Highway zoning district. Signs which are part of Residential development within the Mixed Use district shall meet the requirements of Residential districts. Section 815.17. Uptown Hamel (UH-1 and UH-2) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Uptown Hamel-1 and Uptown Hamel-2 Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 40 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. Ordinance No.## 12 DATE (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 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. (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) Clearance; Projecting Signs prohibited. If the Wall Sign extends more than six inches back from the building face, wall or surface, the Sign shall provide a height clearance underneath it of at least seven and one-half feet. No Wall Sign shall extend any more than 12 inches back from the surface of a building face, wall or surface. (c) Window Signs. (1) Maximum number. Only one Window Sign shall be permitted 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 feet from the curb or right-of-way. (e) Historic Signs. Historic Signs shall not be counted in the total Sign Area for the property if the Historic Sign is less than five square feet in Sign Area. (f) Porch Signs. No more than one porch Sign shall be permitted for each property. Porch signs shall include signs within or on overhangs, canopies or arcades. All Ordinance No.## 13 DATE 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 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 815.19. 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 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. Permitted Signs. The following additional types of Signs are permitted in Public/Semi-Public and Rural Public/Semi-Public Districts: (a) Monument Signs. (1) Maximum number. One Monument Sign is permitted per lot. (2) Maximum size. No Monument Sign shall exceed 50 square feet of Sign Area. (3) Maximum height. No Monument Sign shall exceed 10 feet in height. (4) Setbacks. Monument Signs shall be set back a minimum of 10 feet from all property lines and shall not 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. (6) 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) 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 10 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. (c) Wall Signs. (1) Maximum size. The total Sign Area of Wall Signs shall not exceed eight percent of the area of the wall to which they are attached. For the purposes of a multi-tenant building, the maximum Sign Area for Wall Signs shall be based on Ordinance No.## 14 DATE 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. 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 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, except as explicitly permitted herein. No Sign shall be attached or placed upon any building in such a manner as to obstruct any window or door or fire escape or be attached to any fire escape. The minimum clearance of any Sign from unprotected electrical conductors shall be not less than 36 inches for conductors carrying not over 600 volts and 48 inches for conductors carrying more than 600 volts. Subd. 5. Coordinated Site Signage. Sign Area for Freestanding Signs may be transferred from one lot to another lot subject to the following conditions: (a) The maximum aggregate Sign Area of Freestanding Signs shall not be increased. (b) The maximum number of Freestanding Signs allowed on each lot shall not be increased. (c) Sign Area shall not be transferred to or from residential lots. (d) A Freestanding Sign on a lot to which Sign Area is transferred may exceed the allowed maximum Sign Area but shall not exceed 200% of the allowed Sign Area. (e) The allowed Sign Area for Freestanding Sign(s) on a lot from which the Sign Area is transferred shall be reduced by an equal amount. (f) No more than 50% of the maximum Sign Area may be transferred to another lot. (g) The lot to which Sign Area is transferred shall be located within 1000 feet of the lot from which Sign Area is transferred or be within the same development. Ordinance No.## 15 DATE (h) No Sign Area may be transferred between or among lots except pursuant to an agreement among the property owners in a form and substance acceptable to the City. The agreement shall be recorded against the lots, document the reduction of Sign Area allowed on the lot from which the Sign Area was transferred, and describe maintenance obligations. Subd. 6. Interference with Traffic. A Sign shall not be located within 50 feet of any street, traffic sign or signal, intersection, driveway or crosswalk. A Sign may be located closer than 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) RESERVED. (b) No more than one contiguous Dynamic Display shall be located upon a single parcel, except as described in clause (e) below. A two-sided Dynamic Display shall be considered a single Dynamic Display for the purposes of this section. (c) No Maximum 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 face.be determined by the speed limit of the adjacent road shown on the chart below: MPH 30 35 40 45 50 55+ Maximum Dynamic Display Area (In Square Feet) 32 36 40 45 50 55 (d) No portion of the Dynamic Display shall be located more than 10 feet from the ground, except as described in clause (e) below (e) Notwithstanding the limitations in clause (b), (c), and (d), 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. This Dynamic Display element may be located higher than 10 feet above the ground. (f) A Dynamic Display must not change or move more often than once every 60 30 seconds; Ordinance No.## 16 DATE (g) 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; (h) 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; (i) Every line of copy and graphics on a Dynamic Sign visible from a road must be at least seven inches in height. If there is insufficient room for copy and graphics meeting these requirements, then no Dynamic Display is permitted; (j) 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; (k) Dynamic Display Brightness Standards. (2) 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. (3) All signs with Dynamic Displays shall be equipped with an ambient light sensor and an automatic dimmer control that automatically controls the brightness to comply with these requirements. (4) In addition to these requirements, all lighting on the property shall abide by maximum illumination requirements at property line as described in Section 829. However, Dynamic Displays which meet the standards of this section shall be exempt from the light output and shielding requirements of Section 829; and (l) 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 8(i) above must use the largest size possible for one line of copy to fit in the available space. Ordinance No.## 17 DATE Subd. 9. Brightness Standards. (a) All Signs shall meet the applicable luminary requirements set forth in Section 829 of the city’s ordinances, unless otherwise exempted by this section. (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 must be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the Sign owner or operator must immediately turn off the Sign or lighting when notified by the city that it is not complying with the standards of this section. Subd. 10. RESERVED. 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; Ordinance No.## 18 DATE (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 50 cubic yards of earth. The certified survey shall show the existing and proposed site elevations in two 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 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 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 Official shall inspect the property for which a Sign permit is issued on or before six months from the date of issuance of the Sign permit. If the Sign construction is not substantially complete within Ordinance No.## 19 DATE six months from the date of issuance, the Sign permit shall be revoked. If the construction is substantially complete, but not in full compliance with this ordinance, other ordinances and applicable codes, the Zoning Administrator shall give the applicant notice of the deficiencies and shall allow an additional 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 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 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 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 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 30 business days after the appeal hearing. The city council shall notify the applicant of its decision and provide reasons for that decision. 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 Ordinance No.## 20 DATE relevant City Code and statutory provisions regarding nonconformities. 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. 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. Section 829.05 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: Section 829.05. Lighting for Signs. Subd. 1. External illumination for signs shall conform to all provisions of this ordinance. In particular, such lighting shall conform to the lamp source, shielding restrictions and light levels of Section 829.04. All upward-directed sign lighting is prohibited. Subd. 2. Internally illuminated signs. (a) Portions of a Sign which do not include a logo or message shall be opaque or, if lighted, shall be constructed with a colored (not white, off-white, light gray, cream or yellow) background. (b) Internally illuminated signs shall not exceed 500 nits of luminance from sunrise sunset until sunset sunrise and shall otherwise conform to the provisions of this ordinance. Neon signs, Light Emitting Diode (LED) signs, and other similar devices shall be treated as internally illuminated signs for the purposes of this ordinance and shall conform to all provisions of this ordinance. (c) Other internally-illuminated panels, bands or decorations not considered to be signs according to the sign ordinance, such as illuminated canopy margins or building faces and neon/LED banding, shall not exceed 500 nits of luminance from sunset until sunrise and shall be subject to the standards applicable to such lighting, including but not limited to the lamp source, shielding standards and light level requirements of Section 829.04. Internally-illuminated panels, bands or other decorative lighting shall not be permitted upon building facades, canopies, or Ordinance No.## 21 DATE around signs within 500 feet of residential property, as measured from the proposed lighting location on the site to the property line of the residential property. Subd. 3. Curfews. Illumination for signs and glass enclosed areas, shall be turned off at 11 PM or when the business closes, whichever is later. Illumination for signs and glass enclosed areas shall not be turned on until 5 AM or when the business opens, whichever is later. Signs subject to curfews are required to have functioning and properly adjusted automatic shut-off timers. Light background (white, off-white, light gray, cream or yellow) internally illuminated signs, installed legally before enactment of this ordinance, shall be considered non-conformities but may continue to be used and illuminated so long as their use conforms to the curfews as indicated. Notwithstanding the above, signs with light backgrounds must be brought into compliance with this ordinance within the time periods specified in section 829.03, subd. 3 hereof. Subd. 4. Internally illuminated signs are not permitted in E1 Lighting Zones. SECTION III. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this _____day of ______, 2021. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on the ____ day of ______, 2021. Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com1 Ditter Cooling & Heating 820 Tower Drive Medina, MN 55340 Site Analysis August –2021 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com2 Property: 820 Tower Drive, Medina, MN 55340 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Zoning District: (CG) Commercial-General 3 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Zoning District: (CG) Commercial-General 4 Section 815.13.Commercial General (CG), Business Park and Industrial Park District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial General (CG) District. All Signs shall be 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. Section 815.11. Commercial Highway (CH), Commercial Highway-Railroad (CH-RR), and Business (B) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial Highway (CH), Commercial Highway-Railroad (CH-RR), and Business (B) Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1)Maximum number. One freestanding 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 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 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. Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Zoning District: (CG) Commercial-General 5 Section 815.13.Commercial General (CG), Business Park and Industrial Park District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial General (CG) District. All Signs shall be 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. Section 815.11. Commercial Highway (CH), Commercial Highway-Railroad (CH-RR), and Business (B) District Signs. Subd. 1. Permitted Signs. In addition to the Signs allowed in Section 815.07, the following Signs are permitted in Commercial Highway (CH), Commercial Highway-Railroad (CH-RR), and Business (B) Districts. All Signs shall be integrated with the design and architecture of any buildings or structures on the property in terms of materials, style, color and placement. (a) Freestanding Signs. (1)Maximum number. One freestanding 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 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 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. 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. No Dynamic Display shall be permitted on a parcel with less th an 400 feet of frontage upon a public right-of-way. For the purpose of this requirement, the aggregate of all frontages shall be calculated, including frontage s on which the Dynamic Display is not located. (b)No more than one contiguous Dynamic Display shall be located upon a single parcel, except as described in clause (e) below. A two-sided Dynamic Display shall be considered a single Dynamic Display for the purposes of this section. (c)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 face. (d)No portion of the Dynamic Display shall be located more than 10 feet from the ground, except as described in clause (e) below (e)Notwithstanding the limitations in clause (b), (c), and (d), 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. This Dynamic Display element may be located higher than 10 feet above the ground. (f)A Dynamic Display must not change or move more often than once every 60 seconds; (g)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; (h)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; (i)Every line of copy and graphics on a Dynamic Sign visible from a road must be at least seven inches in height. If there is in sufficient room for copy and graphics meeting these requirements, then no Dynamic Display is permitted; (j)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 not ified by the city that it is not complying with the standards of this ordinance; (k)Dynamic Display Brightness Standards. (1)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: i) a distance equal to_______________; or ii) the property line parallel with the sign face. The Dynamic Display shall be equipped so that it can be extinguished immediately at any time during operation upon the request of the City to measure ambient light levels in order to verify comp liance. (2)In no case shall the luminance from a Dynamic Display exceed 500 NITS between sunset and sunrise and 5,000 NITS between sunri se and sunset. (3)All signs with Dynamic Displays shall be equipped with an ambient light sensor and an automatic dimmer control that automatic ally controls the brightness to comply with these requirements. (4)In addition to these requirements, all lighting on the property shall abide by maximum illumination requirements at property line as described in Section 829. However, Dynamic Displays which meet the standards of this section shall be exempt from the light output and shielding requir ements of Section 829; and (l)Dynamic Displays existing on the effective date of this ordinance that do not meet the structural requirements or operationa l 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 sta ted in subdivision 8(i) above must use the largest size possible for one line of copy to fit in the available space. Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com6 MN DOT Traffic Data Average Daily Traffic Count Highway 55 19,900 Per Month:597,000 Per Year:7,263,500 Total Impressions Per Year: (average 1.5 people/car)10.9M Traffic and Impression Counts for: Ditter Cooling & Heating: Highway 55 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com7 Sight Lines/Viewing Distances Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com8 Elevation Changes from Proposed Sign to Center of Eastbound lanes (5’) Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com9 Approximation –20’ High Overall, 8’x10’ V-Sign Heading West on 55 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com10 Approximation –20’ High Overall, 8’x10’ V-Sign Heading East on 55 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com11 Electronic Message Center –Sign Resolution Minimum Recommended Viewing Distances Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Maximum Readable Distance Readable For Maximum Letter Distance Impact Height 100'30'3" 150'40'4" 200'60'6" 350'80'8" 400'90'9" 450'100'10" 525'120'12" 630'150'15" 750'180'18" 1000'240'24" 1250'300'30" 1500'360'36" 1750'420'42" 2000'480'48" 2250'540'54" 2500'600'60" 12 With letter height of 12” –15” you will be able to easily communicate to traffic on 55 with Impact. ~5-6 Seconds Travel Time (w/15” letters) Good message design and contrasting colors will be essential for viewing and readability. View Distances and Letter Size: 820 Tower Drive, Medina, MN 55340 MPH 70 65 60 55 50 45 40 35 30 25 20 FPS 103 95 88 81 73 66 58.6 51 44 37 29 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Electronic Message Center Resolution / Viewing Area Specifications Cabinet Dimensions Viewable Area Dynamic Area Area Containing LED Pixels Pixel Pitch/Resolution Distance between pixels Red →Red Blue →Blue Green →Green 19mm, 16mm, (PT) 10mm, 8mm, 6mm (ST) Smaller the number = higher resolution . 13 Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Watchfire Modules –10mm & 16mm Comparison Each Module = 1’ x 1’ Square 14 10mm Surface (or Button) Technology (ST)16mm Push-Thru Technology (PT) (with louvered screen removed) 900 Pixels Per Square Foot 324 Pixels Per Square Foot FRONT Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Watchfire Modules –Back (All WF Outdoor Modules are 1’ x 1’ Squares) 15 Fully Encapsulated (Front and Back) With Silicon Gel Automotive Grade Power and Communication Connections. Watchfire’s “weatherproofing” is second to none. Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com 19mm 16mm 10mm 8mm 6mm 16 Electronic Message Center –Sign Resolution Images are an approximation viewing from ~75’. Zoom In to see pixel pitch concentration. Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Watchfire Electronic Message Center Easy to Use: Ignite Sign Design and Scheduling Software 17 Powerful and Easy to use Windows PC-Based (Ignite) or OPx Cloud-Based Internet Software. OPx Cloud-Based Software Solution Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com Watchfire Electronic Message Center Sign Communications 18 4G Wireless Broadband Communication: •Fast Secure Internet Connection to Sign •Simplified Sign Management •Easy Installation •Sign Updates are Quick and Easy •Mobile Updates •Watchfire Runs Daily Remote Diagnostics Communication Agreement for the Life of the Sign Included. Mike Kasbohm 612-719-1990 ThinkDigitalSigns.com19 In order to help you and other important decision makers determine the appropriate sign size & resolution and create enthusiasm for a new communication tool, we can arrange for a Watchfire demo truck visit. Watchfire Demo Truck Visit Swimming Pool-Utility Setback Page 1 of 2 October 12, 2021 Ordinance Amendment Planning Commission Meeting TO: Planning Commission FROM: Dusty Finke, Planning Director DATE: October 7, 2021 MEETING: October 12, 2021 Planning Commission SUBJECT: Ordinance Amendment – Swimming Pools, Utility Setback Background The City’s Swimming Pool ordinance (Section 800) currently requires: “No pool shall be located within 18 feet (measured horizontally) from any underground or overhead utility line of any kind.” A property owner recently contacted staff, attempting to install a swimming pool at 1345 Elsinore Circle. An existing underground electric line is located along their property line and serves their home from the rear rather than coming from the street. Applying the 18’ setback from this utility line would result in essentially no practical location for a pool to be located. Staff consulted with Todd Geske, the City’s Building Official, and Dave Hucky, the state electrical inspector who conducts inspections in Medina. Both acknowledged that the City’s zoning setback from utilities is significantly larger than required by electrical or building code. Electrical code permits underground electric lines to be much closer, depending on the type of wire or conduit. Overhead wires are required to be 22.5’ from the pool deck (so could run over the pool if located high enough). In consultation with the Building and Electrical Inspectors, staff believed it was reasonable to reduce the required setback for underground utilities and is recommending that the setback be reduced to 5 feet for underground utilities. It does not appear that a similar setback is common in requirements in other communities. Staff reviewed a number of ordinances (Plymouth, Maple Grove, Orono, Victoria, Chanhassen) and a general Google search and did not find a similar requirement beyond electrical code. The attached ordinance would make this change. Staff is not recommending a reduction of the setback for overhead utilities at this time. Options Make no changes The 18-foot setback requirement ensures a large distance from a swimming pool to any utility line. If the Planning Commission and City Council determine that this is preferred, the ordinance could remain unchanged. MEMORANDUM Swimming Pool-Utility Setback Page 2 of 2 October 12, 2021 Ordinance Amendment Planning Commission Meeting The property owner of 1345 Elsinore could consider a variance if the ordinance was not changed. However, a variance can only be approved if consistent with the “purpose and intent” of the ordinance. Staff believes it may be hard to argue that such a variance would be consistent. Staff also believes that if the setback is overly conservative, the better path would be to amend it. Remove Setback Requirement The City could remove the zoning regulations pertaining to setbacks from utility lines. Relevant electrical codes would still be required depending on the type of utility. Staff does not recommend removing the setback requirement, because having some space between the pool and the utility line seems in the interest of the property owner and utility company. It makes it possible to expose the line if there were issues, and provides a bit of a buffer to reduce impacts. Same Setback from underground or overhead The City could apply the same 5-foot (or other amount if deemed preferable by the Planning Commission and Council) for both underground and overhead utilities. The 22.5-foot distance from deck would still apply, but the 5-foot City setback would give a bit more space but not the current 18 feet. Potential Action If, following the public hearing, the Planning Commission finds that the proposed changes are appropriate, the following action could be taken: Move to recommend approval of ordinance amending required swimming pool setbacks from utilities. Attachments 1. Ordinance Ordinance No. ### 1 DATE CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE AMENDING REQUIRED SWIMMING POOL SETBACKS FROM UTILITIES; AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 800 of the code of ordinances of the City of Medina is amended by deleting the struck through language and adding the underlined language as follows: 800. SWIMMING POOLS Section 800.01. General Provisions. The purpose of this ordinance is to regulate the construction and location of private swimming pools and to provide for certain safety features related thereto. For the purposes of this ordinance, private swimming pools are defined as any enclosure, designed, intended or used for the containment of water, whether constructed below ground level or above ground level, having a surface area exceeding 100 square feet and a depth exceeding 18 inches which is designed, intended, or used for swimming, wading, or other recreational use by the owner or tenant of the property upon which the pool is constructed, or by the owner's or tenant's family or invited guests without payment of a fee. Section 800.03. Permit Required. No private swimming pool shall be constructed or established, and no such pool construction shall be commenced without first obtaining a permit from the building official. Section 800.05. Application for Permit. Application for a swimming pool permit shall be made to the building official upon forms provided by the building official. A fee set by ordinance shall be submitted with the application to cover the costs of inspection. The application for the permit shall include, without limitation, the following information: Subd. 1. Complete plans and specifications for the construction of the pool, including a site plan showing the location on the property of the proposed pool and surrounding deck or patio and other improvements; Subd. 2. A survey showing the location of all existing structures on the property, including the house, garage, fences, trees, overhead or underground wiring, utility easements, and other significant improvements or natural features; Subd. 3. The location of proposed pumps, filters, electrical power source (if applicable), flushing and drainage outlets, and other operational features; Subd. 4. The location and specifications of the protective fencing or automatic pool cover; and Ordinance No. ### 2 DATE Subd. 5. Any other information necessary or convenient for review of the permit application as determined by the building official. Section 800.07. Application. The safety features, including electrical wiring and fencing or protective pool cover as set forth in this Ordinance shall apply to all private swimming pools constructed after July 17, 1979. Section 800.09. Construction Set-back Requirements. Private swimming pools shall be constructed so as to avoid damage to property and injury to the occupants of the subject property and the occupants of adjacent property and shall meet the following minimum requirements: Subd. 1. No pool shall be located within the following distances of utility lines and shall also abide by relevant electric and building code provisions: (a) Overhead utility lines: Swimming pools shall be located a minimum of 18 feet (measured horizontally) from any underground or overhead utility line of any kind. (a)(b) Underground utility lines: Swimming pools shall be located a minimum of five feet (measured horizontally) from any underground utility mainline or service line, including but not limited to electric, gas, telecommunication, fiber optic. Subd. 2. No pool shall be located within any public or private easement intended for utility, access or drainage purposes; any wetlands, floodplain or shorelands; or any other location in which it might represent a threat to the natural environment; and Subd. 3. Private swimming pools are accessory structures in all residential districts under the zoning ordinance and must meet appropriate setback requirements. Section 800.11. Safety Fence or Automatic Pool Cover Required. Subd. 1. A safety fence meeting the following standards shall be required around all pools: (a) Except as provided for in subd. 1(d), a safety fence at least 4 feet in height shall completely enclose the pool. All openings or points of entry into the pool area shall be equipped with self-closing gates or doors. All gates and doors shall have a self- latching latch which is no less than 4 feet above the ground level and which shall be constructed and placed so as to be inaccessible to small children. All gates and doors shall be locked when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between the bottom of the fence and the ground level shall not exceed 3 inches. (b) Safety fences shall be constructed so as to inhibit the climbing thereof by any person. If constructed primarily of wood, the fence shall be composed of vertical members with spaces no greater than 4 inches between the boards. If constructed primarily of other materials, the fence shall contain no spaces through which a sphere 4 inches or more in diameter may pass. (c) No wall of any pool constructed above ground level, regardless of the height thereof, shall qualify as a safety fence. Ordinance No. ### 3 DATE (d) If the house or other structure provides all or a portion of one side of the pool enclosure, all doors from the house or structure providing access to the pool area shall be equipped with a pool alarm meeting the standards of F2208-02 of the American Society of Testing and Materials (ASTM), as such standards may be modified, superseded or replaced by ASTM. Subd. 2. As an alternative to a safety fence, an automatic pool cover may be utilized if it meets the standards of F1346-91 (Reapproved 1996) of ASTM, as such standards may be modified, superseded or replaced by ASTM. Section 800.13. Miscellaneous Requirements. Subd. 1. The conduct of persons and the operation of pools shall be the responsibility of the owner or the tenant of the subject property and such conduct of persons and operation of the pool shall be done in such a manner so as to avoid any nuisance or breach of the peace. Subd. 2. All back flushing or pool drainage water shall be directed onto the property on which the pool is located or onto approved drainage ways. Drainage onto public streets or other public drainage ways shall require a permit from the public works superintendent. Subd. 3. Any outdoor lighting of the pool or pool area shall be designed and installed so that the fixture is enclosed on all sides except the bottom and no light shall shine directly on any other property or right-of-way. Subd. 4. All electrical installations shall meet state requirements. Subd. 5. Filling pools from fire hydrants or other public facilities shall be prohibited without prior approval of the director of public works. Section 800.15. Penalties. Any person violating this ordinance shall be guilty of a misdemeanor. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this ____ day of ____, 2021. ______________________________ Kathleen Martin, Mayor Attest: ___________________________________ Jodi M. Gallup, City Clerk Published in the Crow River News on the _______ day of ________, 2021. 1 CITY OF MEDINA 1 PLANNING COMMISSION 2 DRAFT Meeting Minutes 3 Tuesday September 14, 2021 4 5 1. Call to Order: Chairperson Nielsen called the meeting to order at 7:00 p.m. 6 7 Present: Planning Commissioners Peter Galzki, Ron Grajczyk, Beth Nielsen, Cindy Piper, 8 and Braden Rhem. 9 10 Absent: Planning Commissioner Justin Popp and Timothy Sedabres. 11 12 Also Present: City Planning Director Dusty Finke and City Planner Deb Dion 13 14 2. Public Comments on Items not on the Agenda 15 16 No comments made. 17 18 3. Update from City Council Proceedings 19 20 Reid reported that the Council met recently to consider the final plat approval for Deer Hill 21 Preserve and the preliminary tax levy and budget. She stated that the Council also reviewed 22 and approved three applications previously reviewed and recommended for approval by the 23 Planning Commission and provided a summary. She stated that the Council also met in 24 closed session to discussion the police contract negotiations. 25 26 4. Planning Department Report 27 28 Finke provided an update. 29 30 5. Public Hearing – Ordinance Amendment – Chapter 8 of the City Code 31 Pertaining to Sign Regulations – Requested by Ditter Heating, Cooling and 32 Electric 33 34 Finke presented a request from a property owner to amend the zoning code specifically 35 related to the sign regulations. The property owned by the applicant is located at 820 Tower 36 Drive. The applicant is considering a dynamic sign for advertisement and as they were 37 reviewing options, some of the regulations caused concern related to the effectiveness of their 38 potential sign because of the distance from Highway 55 and speed of traffic on the roadway. 39 He stated that the first amendment is related to the size and height allowances within the 40 different zoning districts. The applicant proposed to add additional allowances for height for 41 properties adjacent to arterial roadways. He stated that staff does not oppose this change as it 42 would seem to make sense along the highway and would be similar to other commercial 43 zoning district properties. He asked if that should be opened to all arterial roadways or 44 simply principle arterial roadways. He stated that the second proposal is related to dynamic 45 display signs, stating that currently the City allows no more than 32 square feet in area and no 46 more than 50 percent of the total sign. He stated that the applicant would propose to increase 47 the area for signs adjacent to roads with higher speeds and would link the square footage 48 allowed to the speed of the roadway; a 55-mph roadway would then permit a 55 square foot 49 area. He stated that most of the dynamic signs do not even reach the 32 square feet, outside 50 of the Medina Entertainment Center sign. He noted that the next amendment would relate to 51 2 the height of the sign, noting that the dynamic portion cannot exceed ten feet in height. He 52 noted that the applicant would propose to remove the height limitation and therefore the 53 height would default to the height allowed for a sign within the zoning district. He stated that 54 there has been interest from other property owners to have a dynamic display higher than ten 55 feet as well. He noted that the next amendment would be related to message timing and 56 stated that the City currently specifies that the message not change more than once per minute 57 while the applicant would propose to allow messages to change every 30 seconds. He stated 58 that the applicant proposes to clarify that signs that are not exactly back-to-back should be 59 counted as a single face. He stated that the next change would be related to neighborhood 60 development signage, specifically the allowed height and square footage. He noted that while 61 that would not apply to the applicant’s property, it was suggested by the consultant for the 62 applicant that commonly works with signage. He stated that the next change is related to 63 brightness, noting that an error was noticed by the consultant related to NITS. He stated that 64 the language within the code has the sunset and sunrise words in the wrong order, which then 65 allows much brighter displays than intended and therefore staff supports the change. He 66 stated that staff does not oppose most of the proposed changes but would like more 67 discussion on the dynamic display size and related to arterial roadways. 68 69 Nielsen opened the public hearing at 7:16 p.m. 70 71 No comments. 72 73 Nielsen closed the public hearing at 7:17 p.m. 74 75 Nielsen confirmed the consensus of the Commission to support the changes proposed for the 76 V-shaped signs and residential neighborhood signs. She asked if there is concern in making 77 these changes applicable to the commercial general and business park districts. 78 79 Galzki asked if there would be a way to open these allowances to properties that have 80 frontage along Highway 55 rather than opening it up to the zoning districts. 81 82 Nielsen asked if that would be achieved by using principal arterials rather than all arterials. 83 84 Galzki confirmed that could alleviate his issue. 85 86 Finke explained that is how the increased allowance would be intended. He stated that the 87 general rule for the subject property would limit signage in the current manner on Tower 88 Drive and the increased allowance would only be allowed on the Highway 55 frontage. 89 90 Galzki commented that he would simply want to limit the possibility of opening this up to 91 more properties than desired and noted that perhaps that language would provide that 92 limitation. 93 94 Finke estimated about 12 to 15 properties that would be allowed to follow the ordinance as 95 proposed. 96 97 Nielsen asked whether the Commission favored arterial roads or principle arterial roads. 98 99 Rhem replied that he would lead towards restricting to principal arterial in order to minimize 100 distraction and follow the intent of the zoning ordinance. 101 102 Grajczyk agreed and believed those areas would be more appropriate for that type of signage. 103 104 3 Galzki agreed that the intent would be to ensure properties along principle arterial roads 105 could utilize that frontage for signage. 106 107 Nielsen stated that she would prefer to keep the message duration at 60 seconds. 108 109 Piper agreed. 110 111 Rhem stated that he could support either option. 112 113 Galzki stated that he also did not have a strong preference. He stated that depending on what 114 the message is, it could be helpful to be able to change the message more frequently. 115 116 Nielsen stated that she is not steadfast in her position but finds those signs distracting. 117 118 Grajczyk stated that there is a light near the subject property, therefore during rush hour times 119 increased messaging could be distracting for drivers. 120 121 Piper asked if changing the message duration to 30 seconds would increase income for those 122 that install signs. 123 124 Mike Kasbohm, Think Digital Signs, stated generally speaking, the more a company can 125 change its messaging, the more opportunity to has to get its messaging out. He stated that 126 some businesses are able to generate cooperative marketing dollars from their suppliers. He 127 used the example of a business advertising products it sells at its site. He stated that the sign 128 installer sells only the sign and does not make money off the messaging. He stated that the 129 trend that he has seen in cities has been long message duration because of the concern related 130 to safety. He stated that the studies completed have shown that done right, without video or 131 moving graphics, the signs are not a distraction to drivers. He reviewed the range in message 132 duration allowed by other communities from six to eight seconds to one minute or above. 133 134 Piper stated that as a driver she has noticed that her attention shifts to looking at the sign to 135 notice when the message will change. 136 137 Grajczyk used the example of multiple businesses within a corridor using digital signage and 138 asked if that creates problems for distraction of drivers. 139 140 Kasbohm stated that typically that is regulated by the distance between properties and 141 therefore not been an issue. He stated that in a corridor with multiple signs, a vehicle moving 142 at 70 mph is moving roughly 100 feet per second and therefore if passing a number of 143 properties, they would only see one or two messages from signs. He stated that typically eyes 144 gravitate towards what can be read and recognized and that is why they recommend clear 145 concise messaging with appropriate size of text. 146 147 Nielsen asked the timing allowed in Plymouth. 148 149 Kasbohm stated that he does not have that information with him but would be happy to 150 provide the City with a list of the allowed times of surrounding cities. 151 152 Nielsen commented that she would also be concerned with distracting drivers close to the 153 intersection. She asked for input on the maximum size proposed. 154 155 4 Galzki stated that his only concern is whether the sign size should be dictated by speed or 156 roadway type. He stated that perhaps the size is dictated by principal arterial, minor arterial, 157 and collector roadway. 158 159 Nielsen commented that she liked that concept. 160 161 Finke stated that the theory in the increased size is to increase visibility when traveling at 162 higher speeds. He believed that speed would be a more direct link but acknowledged that the 163 concept proposed would be more straightforward. 164 165 Galzki stated that perhaps the regulations of surrounding cities are reviewed in terms of size 166 and message duration. 167 168 Finke stated that Plymouth has a message duration of 15 minutes and 64 square feet in certain 169 districts and 32 square feet in other districts. He noted that staff could review regulations of 170 other communities if desired. 171 172 Galzki stated that he would find that information helpful. He stated that he did not have a 173 huge problem with the change in height but would not want to remove the limitation but 174 allow a reasonable height. 175 176 Finke stated that the display portion would still be subject to the maximum sign height. He 177 noted that Medina tends to be more restrictive by and large compared to other communities. 178 He agreed that in terms of digital display signs, many communities adopted default language, 179 and many have amended it as time as gone by and more experience has been gained. 180 181 Motion by Piper, seconded by Rhem, to table the request to the next meeting requesting 182 additional information. Motion carries unanimously. (Absent: Popp and Sedabres) 183 184 6. BAPS Minneapolis – 1400 Hamel Road – Site Plan Review for Approximately 46,000 SF 185 Building Including Assembly, Classrooms and Ancillary Spaces – PID 1111823230003 186 (No public hearing – review only) 187 188 Finke reported that the subject site is located at 1400 Hamel Road and is approximately 20 189 acres in size, although about half of the site is wetland. He stated that the purpose of site plan 190 review is review a request against appropriate zoning regulations. He reviewed the zoning of 191 the property and adjacent property uses. He stated that the proposed use is permitted within 192 the zoning district. He stated that the tax-exempt status of the use is not an appropriate topic 193 of discussion of land use. He displayed the site plan noting that construction is proposed 194 along the northern portion of the property and identified the proposed parking and access 195 locations. He provided the draft elevations of the building and reviewed the proposed 196 building materials. He stated that the construction as proposed would meet the requirements 197 of the zoning district. He reviewed details related to stormwater management and stated that 198 the proposed wetland impacts may meet the de minimis requirements under the Wetland 199 Conservation Act (WCA) and therefore would not need to be mitigated for. He explained 200 that the applicant would use the average method for wetland buffering and provided 201 additional details. He stated that the City Engineer and Hennepin County reviewed the plans 202 and did not recommend transportation improvements as the peak usage of the proposed use 203 would be different than the peak use of Hamel Road. He stated that 250 parking stalls are 204 shown on the plan, but 25 parking spaces would be lost with the increased landscaping 205 required. He provided additional details on the parking calculation. He stated that staff 206 believes that the proposed parking would be sufficient, and that the applicant could provide a 207 proof of parking agreement in the case that additional parking is needed. He provided details 208 5 on the proposed landscaping increases suggested by staff. He provided details on tree 209 preservation and noted that staff supports a waiver of replacement as there are a number of 210 boxelders on the site and per code boxelders support a waiver. He stated that a lighting plan 211 would be required to ensure the lighting would not trespass onto adjacent properties. He 212 noted that staff recommends approval subject to the conditions noted in the staff report. He 213 stated that while this is not a public hearing, staff would recommend that the Commission 214 accept public comments as that follows the City’s typical practice. 215 216 Galzki asked if there would be other steps in the process which would dictate public input. 217 218 Finke stated that for formal public hearings, this would be the place for public hearing. He 219 noted that the City Council also entertains comments from the public at its meetings, 220 regardless of whether the matter is a public hearing. 221 222 Asit Waghani, President of local Chapter of BAPS, provided background information on the 223 spiritual society which believes in developing individuals in every aspect of their life. He 224 stated that they also have a social arm which is a global charity that focuses on volunteers that 225 dedicate a portion of their lives in dedication of others. He stated that they have been located 226 in Brooklyn Center since 2003 and highlighted some of the events they have hosted that 227 benefit other organizations and causes. He stated that they also participate in other events 228 that benefit the community and look forward to doing the same in Medina. 229 230 Piper stated that she spent quite a bit of time today looking at the organization and its 231 locations around the world. She stated that she visited the Brooklyn Center site but there was 232 no one at the site. She commented that site is small and asked if that operation would 233 continue or whether the new site would take the place of that location. 234 235 Waghani replied that their plan would be to eventually relocate to the new building in 236 Medina. 237 238 Piper asked the annual budget to run the organization in Minnesota annually, noting there 239 appear to be three locations in the state. 240 241 Waghani replied that they only have one location at this time. He stated that he does not have 242 the exact budget numbers but estimated $300,000 to $400,000 per year in terms of expenses 243 and operations. 244 245 Piper asked if fencing had been considered on the side of the Autoplex because of the 246 proximity. 247 248 Waghani replied that he would defer that question to the project manager. 249 250 Piper stated that there is a second-floor residence and asked if anyone would be permanently 251 living in the building. 252 253 Waghani replied that a priest would be onsite 24 hours per day to offer assistance. 254 255 Nielsen stated that Piper expressed concern that the building in Brooklyn Center is rather 256 rundown and not well kept. She asked if there is a reason for that. 257 258 Waghani replied that they comply with all city codes and do their best to keep the site clean 259 and tidy. He stated that he would be happy to provide a tour of the inside of the building. 260 261 6 Grajczyk stated that the staff report mentioned off-peak traffic times and asked if there are 262 certain days and times when traffic would most likely occur. 263 264 Waghani replied that there would be traffic on Sunday afternoons. He stated that once per 265 year they host a large festival where traffic would come and go throughout the day. 266 267 Nielsen stated that she does not have a concern with traffic as anyone coming to this site 268 would use Highway 55 and then use roads that can support the traffic and would not be 269 coming through downtown Hamel. 270 271 Pete Moreau, Civil Engineer representing the applicant, stated that the building is designed 272 with the maximum building height and to meet the setbacks. He stated that the building is 273 roughly five feet lower than the Motorplex and noted that they would be happy to enhance 274 landscaping or add a fence on the west. 275 276 Nielsen asked if the building could be shifted to the east. 277 278 Moreau stated that the wetland buffer comes into play on that side. 279 280 Piper referenced a letter received tonight which suggested turning the building to go across 281 the property, rather than using the length of the property, and asked if that has been 282 entertained. 283 284 Moreau stated that they looked at multiple design options and the proposed design does the 285 best to minimize impacts to the wetland. 286 287 Nielsen asked the highest peak on the building. 288 289 Moreau replied that the second floor is designed to be 34 feet and the spires would reach 36 290 feet. 291 292 Piper believed that the spires would be much higher. 293 294 Moreau commented that there are two sets of dimensions shown on the plan. 295 296 Galzki provided additional clarity on the calculations for height. He asked the elevation 297 difference between the top of the spire and the top of the roof. 298 299 Finke provided the clarification on height. 300 301 Bruno Silikowski, 3600 Arrowhead Drive, stated that he is the owner of the AutoMotorPlex. 302 He stated that he wants to be a good neighbor but also wants the applicant to be a good 303 neighbor. He stated that his parcel is 20 acres in size and reviewed the taxes generated by the 304 property, noting that his site does not use City schools and rarely uses City services. He 305 stated that he is worried that if this development is not done right, it would impact his ability 306 to be successful. He stated that based on the plan this would be 60 feet from his building. He 307 stated that his business is an event driven facility and holds events on a monthly basis. He 308 stated that they have received tremendous feedback from the City that has been positive. He 309 stated that his concern would be that the church may not be happy with that noise generated 310 from events. He wanted to ensure that the applicant would accept his use just as he would 311 accept theirs. He stated that he considered purchasing the subject site himself. He 312 highlighted another area on the subject site that could house the building in a better manner in 313 his opinion and asked if the applicant has considered that location. He stated that would be 314 7 much more upland, therefore less impact to the wetlands, and would provide more privacy to 315 both parties. He stated that this would be a very different look than anything else in the 316 community and therefore screening may be helpful to reduce impact to the neighboring 317 properties. He stated that the report mentions youth activities and noted that his site is a 318 magnet for children, therefore he would recommend having a fence to separate the sites and 319 prevent children from spilling over the property line. He stated that he was confused with the 320 height of the spires mentioned as he believed that typically those protrude up to 50 feet into 321 the air which would be difficult to screen. He stated that a fence and tall landscaping would 322 help a lot in ensuring the uses could coexist. He understood the average used for height but 323 comments that seems to be cheating the system and seems odd in the spirit of the 324 neighborhood. 325 326 Keith Vogler, 1222 Hamel Road, asked if churches or temples need to be in business parks. 327 328 Finke replied that business park is one of various zoning districts that allow for religious 329 institutions. He reviewed the other zoning districts that allow that use. 330 331 Vogler asked how the size of this proposed temple would relate to any of the other religious 332 uses in the area. 333 334 Finke replied that it would be almost the same size as Woodridge Church and much smaller 335 than Holy Name as that also has a school. He stated that Saint Anne’s is probably about one 336 third of the size. 337 338 There were no additional public speakers. 339 340 Galzki stated that there are obviously other aspects playing into this case other than land use. 341 He stated that in terms of a site plan review and the zoning, the only concern that he would 342 have is related to the building height with the spires. He stated that everything else seems to 343 meet the requirements of zoning. He stated that he also did not see landscaping between the 344 two properties to provide screening. He understood the adjacent land uses and how this fits 345 in proximity to the adjacent site. He stated that he does not agree with using the method of 346 average height, because when you look overall you do not see the average height but the 347 highest point. He stated that the spires would exceed the maximum height in multiple areas. 348 He stated that he was unsure if there was an ability to reduce that height. He stated that he 349 does not like the proximity to the other property but recognized that this meets the setback. 350 351 Nielsen asked if there is an option to reduce the height of the spires. 352 353 Moreau clarified that there were two sets of dimensions within the drawings. He noted that 354 the total height of the occupied spaces is 34 feet. The parapet is four feet, and the spires 355 would have additional height. He believed that BAPS would be open to reducing the height 356 of the spires if that is a sticking point. He stated that originally there was a utility easement 357 for a looped watermain but through discussions with WSB it has been determined that 358 separate water lines could be run and therefore additional trees could be planted in that 359 easement area. He stated that they did look at the concept mentioned by the neighboring 360 property owner but that could not accommodate the needed parking. He stated that their 361 intentions down the line is to include a phase two development of the area south of the 362 wetland. 363 364 Grajczyk stated that currently the buildings at the MotorPlex, the end of the buildings would 365 be nearest to the layout of the building and asked if there is concrete drive aisle or parking 366 area on the side of the building. 367 8 368 Silikowski replied that there is not a drive aisle and advised that the building would be 369 setback 30 feet from the property line. He stated that there is greenspace between the 370 building and property line. 371 372 Finke commented that the most northeastern building of the MotorPlex sits 30 feet from the 373 property line which would be adjacent to the proposed parking area. He noted that there is a 374 looped road that goes along the property, about 25 feet from the property line, around the 375 pond. 376 377 Piper asked for clarity on the location of phase two and whether that would include housing. 378 379 Moreau noted that phase has only been high level concept discussion and the use would be to 380 be determined. 381 382 Finke explained that height under the zoning code is measured by the average grade around 383 the building. He stated that for a flat roof the measurement is to the roof, or for a peaked roof 384 the measurement would be to midpoint between the peak and the eve. He noted that a few of 385 the MotorPlex buildings have peaks between 35 and 40 feet, where the average would fall 386 under 35 feet. He stated that the architectural elements on the commercial MotorPlex 387 building are higher in height and similar to the height of the spires as proposed. 388 389 Silikowki inquired whether the City could require the applicant to show a plan for portions of 390 the site which not proposed to be constructed at this time. 391 392 Finke stated that any use would have to meet the requirements of code and the City could not 393 require plans for a conceptual and unknown future use. He stated that the caveat to not 394 making some plan would be the proof of parking area that would be set aside to ensure 395 additional parking could be constructed if the demand requires that. 396 397 Galzki stated that goes back to what has been said about being a good neighbor and finding 398 something agreeable to all parties. He believed it in the best interest of the applicant to look 399 at alternate options. He stated that it would go a long way to showing the ability to be 400 cooperative and respond to feedback. He stated that it would at least be good to see the other 401 option and see if that is a feasible and reasonable design. 402 403 Finke stated that there are implications to moving things as there is rural residential property 404 south of Hamel Road. He stated that there is a specific property owner with interest and 405 perhaps the other properties that could be impacted did not provide input because they were 406 further from the notification distance but would be impacted if the plan changes. 407 408 Galzki stated that he would still like to go through the exercise to see if the building could fit 409 in that location. 410 411 Nielsen stated that she struggles as they have seen this before, where the first person to build 412 gets to do what they want, and then additional things are desired for future builders. She 413 stated that she is fine with the request but believes it would be nice to have more of a barrier 414 to keep children from the MotorPlex site. She suggested a fence with plants growing on it. 415 416 Rhem agreed and stated that he would support the request with the additional fencing and 417 landscaping. 418 419 9 Nielsen asked if the applicant had considered other building locations before presenting this 420 option. 421 422 Moreau noted that he is unsure but advised that this was option H. He confirmed that a 423 number of different options were considered in order to ensure sufficient access could be 424 provided and minimize impacts on the wetlands. 425 426 Finke commented that there would be other viable locations for access but that could result in 427 the access being on the far east side in order to have sufficient spacing from other 428 intersections. 429 430 Grajczyk stated that he appreciated the feedback and noted that this would be another large 431 building in that area. He stated that it would be great to see more landscaping or separation 432 between the two sites to create a stronger barrier between the sites. He stated that it would be 433 better on all levels if the elevations were matched, or close to, those of the existing elevations. 434 435 Nielsen agreed. 436 437 Moreau provided additional input on the spacing, wetland buffer, and access location. He 438 stated that perhaps additional flexibility could be provided to the wetland buffer to provide 439 additional space. 440 441 Finke stated that 15 feet could also be reduced from the building width if they are playing 442 with numbers. 443 444 Grajczyk asked if the applicant has considered making the building longer rather than wider, 445 shifting some uses to provide more spacing. 446 447 Nielsen asked how the square footage of this proposal compares to Brooklyn Center. It was 448 noted that this would be almost triple the size. 449 450 Finke noted that the gymnasium adds a large amount of square footage. 451 452 McKenzie Mendez, Facility Manager of Loram, echoed the concerns with landscaping and 453 fencing. She stated that Loram owns the property to the west and the property south of this 454 site. She stated that fencing would be necessary as they are a manufacturing plant and the 455 property to the south has heavy equipment that would attract small children. She supported 456 fencing along the west side of the property and additional landscaping along the south. 457 458 Nielsen stated that it would be ideal for the applicant to consider more of the comments from 459 the neighbor. She stated that the Commission also expressed a desire for a fence, increased 460 screening, and a possible reduction to the height of the spires. 461 462 Motion by Galzki, seconded by Grajczyk, to recommend approval of the Site Plan subject 463 to the conditions within the staff report with the caveat of taking into consideration the 464 comments made tonight. Motion carries 4-0 (Piper abstained). (Absent: Popp and Sedabres) 465 466 7. Approval of the August 10, 2021 Draft Planning Commission Meeting Minutes. 467 468 Motion by Galzki, seconded by Rhem, to approve the August 10, 2021, Planning 469 Commission minutes with noted changes. Motion carries unanimously. (Absent: Popp and 470 Sedabres) 471 472 10 473 474 475 8. Council Meeting Schedule 476 477 Finke advised that the Council will be meeting the following Tuesday and Grajczyk 478 volunteered to attend in representation of the Commission. 479 480 9. Adjourn 481 482 Motion by Piper, seconded by Rhem, to adjourn the meeting at 8:45 p.m. Motion carried 483 unanimously. 484