HomeMy WebLinkAbout9A - Ord Amd Off-Prem Signage
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
MARCH 1, 2004
9A
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF AN AMENDMENT TO THE ZONING
ORDINANCE TO PERMIT OFF-PREMISE DIRECTIONAL SIGNAGE
FOR FACILITIES OF REGIONAL SIGNIFICANCE (Case File #04-41)
AGENDA ITEM:
INTRODUCTION:
Historv: On December 15, 2003, the Planning Commission and City
Council held a joint workshop to discuss several potential ordinance
amendments, including off-premise signage for regional facilities. Staff
was directed to prepare language for review. The purpose of this Zoning
Ordinance Amendment is to provide for off-premise directional sign age for
Facilities of Regional Significance.
On February 9,2004, the Planning Commission held a public hearing on
this item, and unanimously recommended approval of the amendment
with one commissioner abstaining from the discussion and vote. The
Commissioners generally supported staff's recommendation. However,
one Commissioner indicated a preference for a shorter and wider sign, but
nonetheless voted in favor of the amendment. Meeting minutes are
attached to this report.
Backaround: Section 1107.400 of the Zoning Ordinance regulates the
location and size of commercial on-premise signage. On-premise signage
can be defined as II any sign identifying or advertising a business or facility
located on the premises where the sign is installed and maintained."
Whereas, an off-premise sign can be defined as llany sign advertising
goods, products, or services, not located or sold on the premises on which
the sign is located." Currently, off-premise signage is prohibited, with the
exception of temporary off-premise directional signage for a new
residential or institutional development. Such a sign may be displayed for
a maximum of one year and is limited to 25 square feet in area. Billboard
signs are considered off-premise signage, and are prohibited within Prior
Lake.
DISCUSSION:
Issue: The purpose of this amendment is to allow Facilities of Regional
Significance the opportunity to install an off-premise directional sign. The
attached proposed ordinance defines a Facility of Regional Significance
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Phone 952.447.4230 / Fax 952.447.4245
as a facility that (1) has directional signage on an interstate or state
highway, (2) generates 2,500 vehicle trips per day. (3) is located on
property owned by a governmental unit other than public right-of-way, and
(4) is located within the City of Prior Lake corporate limits. As shown in
the attached draft ordinance, staff recommends that a Facility of Regional
Significance be permitted one off-premise directional sign. Specific
standards include limiting the size to 100 square feet in area on each side
and 20 feet in height. In addition, the sign base must have a minimum of
four sides.
The recommended area and height limitations are based on the current
standards for commercial freestanding commercial signage, which are
100 square feet in area and 20 feet in height. Moreover, the standards
are consistent with the purpose of the sign - to provide an adequate
opportunity to safely direct traffic to the facility. The Zoning Ordinance
defines a directional sign as lla sign erected on private property for the
purpose of directing vehicular and pedestrian traffic to public facilities or
functions."
As a means of comparison to larger signs, the typical billboard is 250
square feet and the older, larger billboards can be up to 672 square feet in
area. Table 1 details the height and area of selected commercial signage
in and adjacent to Prior Lake.
TABLE 1
DETAILS OF SELECTED COMMERCIAL SIGNS IN AND ADJACENT TO PRIOR LAKE
Business Height Area
in ft. in sf.
Mystic Lake 16 144
Dakotah Pkwy
& CSAH 42.
Shakopee
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Re/Max
19
TH 13 & CSAH
21. Prior Lake
Target
40
CSAH 42 & TH
13, Savage
100
350
As the table notes, the Target sign is 350 square feet in area. The sign
advertises or directs consumers to a number of other businesses within
the development, not just Target. For purposes of comparison, the
Re/Max sign is 100 square feet, the size that staff proposed in the
amendment. The sign size offers an adequate opportunity to both
advertise the business and provide a changeable letter board within the
100 square feet.
Based upon the existing ordinance provisions for commercial signage,
purpose of the sign, and examples of existing signage, staff believes the
proposed maximum area and height standards are sufficient to safely
direct traffic to Facilities of Regional Significance.
Signage for Facilities of Regional Significance are also limited to property
guided commercial on the 2020 Comprehensive Plan Land Use Plan Map
and located in a commercial use district. The off-premise directional sign
must be within two miles of the Facility of Regional Significance. Minimum
architectural standards are also set forth for this type of signage. The
draft ordinance proposes the sign base be constructed of Class I
materials, including brick and stone. Illumination is also restricted. The
sign face must be internally illuminated, and light beams may not project
away from the sign face into the air. Other performance standards
included in this ordinance amendment, such as the prohibition on glare
and minimum 40 foot separation from another freestanding sign, are
generally associated with signage. Standard language from Section 1107
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regulating other signage concerning permits and maintenance are also
incorporated into this ordinance amendment.
Zonina Ordinance Amendment FindinQs:
Section 1108.600 of the Zoning Ordinance states that recommendations
of the Planning Commission and final determinations of the City Council
shall be supported by findings addressing the relationship of the proposed
amendment to the following policies:
1. There is a public need for the amendment.
The amendment would provide an adequate opportunity to safely direct
pedestrian and vehicular traffic to Facilities of Regional Significance.
2. The amendment will accomplish one or more of the purposes of
this Ordinance, the Comprehensive Plan, or other adopted plans or
policies of the City.
The Zoning Ordinance purports to:
. Protect the residential, business, industrial and public areas of the
community and maintain their stability.
. Limit congestion in the public rights-of-way.
. Enhance the aesthetic character and appearance of the City.
Objectives and policies of the Comprehensive Plan include:
. Enact and maintain policies and ordinances to ensure the public
safety, health, and welfare.
. Maintain high standards in the promotion and development of
commerce and industry.
. Ensure fair and impartial hearings and application of ordinances.
The proposed amendment strives to accomplish the purpose of the
Zoning Ordinance and the objectives and policies of the Comprehensive
Plan by providing Facilities of Regional Significance the opportunity to
install off-premise directional signage.
3. The adoption of the amendment is consistent with State and/or
Federal requirements.
This amendment is consistent with federal and state laws.
CONCLUSION:
The proposed amendment provides an opportunity for off-premise
directional signage for Facilities of Regional Significance. The language is
consistent with the enabling legislation set forth in Minnesota statutes.
Based upon the findings set forth in this report, staff recommends
approval.
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ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
REVIEWED BY:
The City Council has three alternatives:
1. Adopt the ordinance amendment.
2. Deny the ordinance amendment.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative #1. This action requires the following
motions:
1. A motion and second amending the Zoning Ordinance to allow off-
premise signage for Facilities of Regional Significance.
X
9, 04, Planning Commission meeting minutes
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AN ORDINANCE ADDING SECTION 1113 TO THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1113 is added as follows:
SECTION 1113
FACILITY OF REGIONAL SIGNIFICANCE SIGNAGE
1113.100
PURPOSE AND INTENT.
The purpose of this ordinance is to establish standards to
encourage the effective use of off-premise signs as a means of
directing vehicular and pedestrian traffic to Facilities of Regional
Significance.
1113.200
FINDINGS.
1) The City of Prior Lake finds it is necessary for the promotion and
preservation of the public health, safety, welfare and aesthetics
of the community that the construction, location, size and
maintenance of off-premise directional signs for Facilities of
Regional Significance be controlled;
2) As Facilities of Regional Significance develop within the City,
residents and visitors to the City should be able to locate and
gain access to these facilities easily and safely; and
3) The safety of motorists, cyclists, pedestrians and other users of
public streets and property is affected by the number, size,
location and appearance of signs that unduly divert the attention
of drivers.
1113.300
DEFINITIONS.
Facility of Regional Significance. A Facility of Regional
Significance is a facility that:
>> has directional signage on an interstate or state highway;
~ generates 2,500 vehicle trips per day;
>> is located on land owned by a governmental unit other than
public right-of-way; and
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Phone 952.447.4230 / Fax 952.447.4245
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~ Is located within the City of Prior Lake corporate limits.
Off-Premise Directional Sign. A sign erected on private property
for the purpose of directing vehicular and pedestrian traffic to a
Facility of Regional Significance not located on the premises in which
the sign is located. A billboard sign is not an off-premise directional
sign.
1113.400 PERFORMANCE STANDARDS.
1113.401 Location: Signage shall be erected on property located in a
commercial land use designation on the Comprehensive Plan Land
Use Plan Map or commercial use district on the Zoning Map.
1113.402 Off-premise directional sian permitted: One off-premise
directional sign is permitted within a two mile radius of the property
on which the Facility of Regional Significance is located.
1113.403 Sian area: Signage shall not exceed 20 feet in height and 100
square feet in area per side with a minimum of four sides.
1113.404 Architectural materials: Signage shall be installed on a base
foundation constructed of Class I materials as set forth in section
1107.2200 of the Zoning Ordinance.
1113.405 Illumination: Signage shall be internally illuminated. External
illumination directed away from the sign face or into the air (e.g.,
spot lights, light beams, etc.) is prohibited.
1113.406 Setbacks: Signage shall be located at least 10 feet from any
property line. The sign may not be located within a traffic visibility
area as defined in subsection 1101.506 of the Zoning Ordinance.
1113.407 Glare: Reflected glare or spill light from the sign shall not exceed
0.5 footcandle when the source abuts any residential parcel or 1.0
footcandle at any public right-of-way measured at 1 foot above the
ground.
1113.408 Separation of Sians: Off-premise directional signs for Facilities of
Regional Significance shall be located at least 40 feet from another
permanent sign as regulated by section 1107.800 of the Zoning
Ordinance.
1113.500 SIGN PERMIT REQUIREMENTS
1113.501 Permit Reauired: Before a sign requIring a permit under the
provisions of this Section is placed, constructed, erected, modified,
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or relocated the property owner or designee shall secure a sign
permit from the Zoning Administrator. The property owner shall
maintain a sign permit for all signs on the property. A licensed
electrician shall wire any sign involving electrical components.
1113.502 Application: Application for a sign permit shall be made in writing
upon forms furnished by the City. The application shall contain the
following information:
~ Name, address and telephone number of the property
owner, sign owner and installer.
~ Address and legal description of the sign location.
~ The sign plan information required by this Section.
~ Other pertinent information as may be required by the
Zoning Administrator.
The permit application shall be signed by the applicant. When the
applicant is any person other than the owner of the property, it shall
be signed by the owner of the property.
1113.600 SIGN PLAN REQUIREMENTS: No sign permit shall be issued
until a sign plan for the entire property and/or building on which the
sign will be erected has been approved by the Zoning
Administrator. The purpose of the sign plan is to provide accurate
information for the City to determine compliance with the
requirements of this Ordinance. The sign plan shall include:
(1) An accurate surveyor site plan of the property, at such scale as the
Zoning Administrator shall reasonably require. The Zoning
Administrator may also require the applicant locate lot corners on
the site to verify the sign location.
(2) Area calculations for each exterior elevation of the building, total
building area, and the proposed location of signs on each exterior
wall elevation.
(3) An accurate indication on the surveyor site plan of the location,
area, and dimensions of each existing wall and freestanding sign
and proposed future sign of any type, whether requiring a permit or
not.
(4) Lettering or graphic style, lighting, location of each sign on the
building, materials and sign proportions.
(5) A duplicate copy of the sign information that the property owner will
provide to all tenants with the approved plan.
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(6) Plans, specifications, and method of construction or attachment to
the building or in the ground, including all dimensions, showing all
light sources, illumination levels, type and color lights, and details of
any light shield or shades.
1113.700: MAINTENANCE: All signs shall be maintained in a safe,
presentable and sound structural condition at all times.
Maintenance shall include painting, repainting, cleaning,
replacement or repair of defective parts and the like.
Any sign that the City finds is in a dangerous or defective condition
shall be removed or repaired by the owner of the sign or the owner
of the property on which the sign is located.
1113.800: LAPSE OF SIGN PERMIT: A sign permit shall lapse automatically
if the business related to the sign is discontinued for a period of one
year. If the sign is not removed or a new permit for a sign allowed
by this subsection has not been issued within thirty (30) days of
notice of permit expiration, the City may have the sign removed and
assess costs back to the property as provided by Minnesota
Statutes, Chapter 429.
1113.900: CANCELLATION: A sign permit shall become null and void if the
work for which the permit was issued has not been completed
within a period of 6 months after the date of permit approval. A
permit may be renewed one time for additional 6 months and no
additional fee shall be collected for the renewal. This clause does
not apply to temporary or conditional sign permits.
1113.1000: REMOVAL OF SIGNS: If the City finds that any sign, temporary or
permanent, or other structure regulated herein is unsafe or
insecure, a menace to the public, or in violation of the provisions of
this Section, the Zoning Administrator shall give written notice to
the holder of the permit. The holder of the permit shall remove or
alter the structure so as to comply with the standards required by
this subsection and indicated by the Zoning Administrator within 7
days after issuance of such notice. If after receiving said notice
such person fails to remove or alter said sign so as to comply with
the provisions of this Section, such sign shall be deemed to be a
nuisance and may be abated by the City by proceedings taken
under Minnesota Statutes, chapter 429, and the cost of abatement,
including administration expenses and reasonable attorneys' fees,
may be levied as a special assessment against the property upon
which the sign is located.
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'---"~-......--~.~,,~,,._."-,_.._~~........,.,-_.~.,-~~,,_.,,--~~-_.,--~---'___>'"~,_~".._______.-..._w____._..
The City may cause any sign or sign structure that is an immediate
public hazard to be removed summarily after a reasonable attempt
has been made to have the property owner remove the sign.
Notice of violation will be sent by certified mail to the property
owner and, if applicable, to the person to whom the permit is
issued.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of Prior Lake this _ day of
,2004.
ATTEST:
City Manager
Mayor
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Planning Commission Minutes
February 9,2004
-+ B. Case #04-12 An amendment to Zoning Ordinance to add Section 1113
regulating sign age for Facilities of Regional Significance.
City Planner Cynthia Kirchoff presented the Planning Report dated February 9,2004, on
file in the office of the City Planning Department.
On December 15,2003, the Planning Commission and City Council held a joint
workshop to discuss several potential ordinance amendments, including off-premise
signage for regional facilities. Staff was directed to prepare language for the Planning
Commission's review. The purpose of this Zoning Ordinance Amendment is to provide
for off-premise directional signage for Facilities of Regional Significance.
Section 1107.400 of the Zoning Ordinance regulates the location and size of commercial
on-premise signage. On-premise signage can be defined as "any sign identifying or
advertising a business or facility located on the premises where the sign is installed and
maintained." Whereas, an off-premise sign can be defined as "any sign advertising
goods, products, or services, not located or sold on the premises on which the sign is
located." Off-premise signage is prohibited, with the exception of temporary off-premise
directional signage for a new residential or institutional development. Such a sign may
be displayed for a maximum of one year and is limited to 25 square feet. Billboard signs
are considered off-premise signage, and are prohibited within Prior Lake.
The proposed amendment is consistent with the enabling legislation set forth in
Minnesota statutes. Based upon the findings in this report, staff recommended approval.
Stamson asked for clarification on the minimum of four sides. Kirchoff explained the
difference between billboards and a monument base with four sides.
Atwood asked why the amendment is not being incorporated into the existing sign
ordinance. Kansier responded these types of ordinances can be challenged and in order
to simplify matters staff separated the issues. That way, if it is challenged it is a matter of
eliminating that section rather than try to go through the ordinance and delete.
Ringstad questioned the signage criteria on State Highways and 2500 generated trips per
day. Kirchoff responded any facility of regional significance that would meet the four
criteria. Kansier gave potential business examples. Staffwas looking towards the future.
Lemke questioned the criteria was safety for directing pedestrians and vehicular traffic.
Kansier explained the necessity of the four sided signs.
There were no comments from the public.
Comments from the Commissioners:
Commissioner Perez is abstaining from the discussion on this issue.
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Planning Commission Minutes
February 9, 2004
Ringstad:
· It does appear there is a public need for this amendment. The public needs
adequate direction to facilities of regional significance.
. This is consistent with State and Federal Laws.
. It protects residential neighborhoods.
. Support the proposed amendment.
Lemke:
. Staff researched this well and presented a compelling argument for the need. It
will accomplish one or more of the Comprehensive Plan goals.
Atwood:
. Support staffs findings.
. The specific limitations on size and lighting requirements are fair.
Stamson:
. Questioned if the dimensions of 20 feet and 100 square feet are adequate to meet
the demands? Kirchoff said the number is the largest size sign allowed in the City
limits.
. Prefers the shorter wider sign as opposed to longer higher sign.
. Staff displayed various signage in the community.
. Kansier said the square footage is a policy issue.
. Preference is to have a shorter monument sign as opposed to a billboard-style
sign. The monument-style is much more pleasing.
. Kansier said potentially there can be a billboard-style sign. More than likely it
would have the larger base. It is unknown at this time.
. Atwood questioned if there could be exceptions or restrictions.
. Kirchoff pointed out the ordinance does require a base foundation. The poles
would have to be surrounded by foundation.
. Considering Class I materials are involved - will support.
MOTION BY ATWOOD, SECOND BY RINGSTAD, RECOMMENDING
APPROVAL OF THE PROPOSED AMENDMENT AS RECOMMENDED BY STAFF.
Vote taken indicated ayes by all. Commissioner Perez abstained. MOTION CARRIED.
This item will go before City Council on March 1, 2004.
C. Case #04-01 An amendment to Section 1104.201 of the Zoning Ordinance
adding Campbell Lake, Crystal Lake and Rice Lake to the Shoreland Ordinance.
Planning Coordinator Jane Kansier presented the Planning Report dated February 9,
2004, on file in the office of the City Planning Department.
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